HomeMy WebLinkAbout1978 City Council Minutes
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PAGE 141
REGULAR MEETING - JANUARY 9, 1978
VOLUME 18
1.
CALL TO ORDER:
The regular meeting of the Seward City Council of January 9, 1978,
was called to order at 7:35 p.m. immediately following adjournment of an
executive session regarding the International Brotherhood of Electrical
Worker's contract with the City of Seward.
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II.
OPENING CEREMONY:
Councilmember Potts led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Mott, Potts and Vincent (Absent, with Council
consent, was Leer)
Present also: City Manager Johnson, City Clerk-Treasurer Shanley
and Clerk/Typist Faust
IV.
APPROVAL OF MINUTES:
It was moved by Gillespie, seconded by Campbell and unanimously
carried by all those present to approve the minutes of December 19, 1977,
as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following be added to the regular
meeting agenda:
VII.
Public Hearings:
I
C. Public hearing on parking regulations as
contained in proposed zoning ordinance
It was moved by Mott, seconded by Potts and unanimously carried by all those
present to approve the regular meeting agenda as amended and the consent
calendar as presented and the following actions we~e taken:
LOC ORGS:
1. Seward Senior Citizens' "Application for Permit
for Authorized Games of Chance and Skill" for
calendar year 1978 was approved and the Mayor
was authorized to sign the applications.
ABCB:
2. Mini Mall Stop In's application to the Alcoholic
Beverage Control Board for designation as a
restaurant to service those under 19 years of
age was approved and the Mayor was authorized
to sign the application.
LEG REPS:
3. Memorandum from Senator Mike Colletta received
December 29, 1977, regarding citizens' parti-
cipation in drafting a legislative bill regarding
alcohol abuse was noted for information and filed.
POLICE DEPT:
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4. Federal Bureau of Investigation letter dated
December 9, 1977, notifying of Police Chief
Bencardino's graduation from the FBI National
Academy was noted for information and filed.
C Z M:
5. Northrim Associates letter dated December 23,
1977, regarding the Alaska Coastal Management
Program was noted for information and filed.
PKS & REC:
6. "Seward Recreation Department Schedule" for
January 1978 was noted for information and filed.
MARATHON
ADDN:
HARBOR/
RES:
P & Z:
COMPTROLLER/
AIRPORT:
PAGE 142
REGULAR MEETING - JANUARY 9, 1978
VOLUME 18
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave Kenai Peninsula Borough Assembly
report for January 3, 1978.
VII.
PUBLIC HEARINGS:
A. Public hearing was opened on the Seward Council on Alcoholism and
Community Services' (SCACS) request for a lease or deed to City owned Lots 3
and 4, Marathon Addition, for construction of a treatment center. "Notice of
Public Hearing" as published in the local newspaper on December 22, 1977,
and January 5, 1978, was noted. City Manager stated the proposed Quitclaim
Deed had not yet been received from the City Attorney. Glenn Clarke,
President of SCACS, appeared and questioned why the City proposed to deed
the property to the State instead of directly to SCACS. Following discussion,
City Manager stated he would contact the City Attorney for an answer to
Clarke's question. No one else appeared from the audience in order to be
heard and the public hearing was closed. City Manager, with Council consent,
recommended another public hearing be scheduled once the necessary legal
documents were received from the City Attorney.
B. Copies being made available for the public, Hugli read by title
only the proposed resolution regarding Small Boat Harbor special parking
permits, entitled:
A Resolution Authorizing the City Manager to
Issue Special Parking Permits for Small Boat
Harbor Area Vehicle Parking
Public hearing was opened on the resolution. "Notice of Public Hearing on
Proposed Resolution" as published two times in the local newspaper was noted.
Brent Whitmore appeared and spoke in support of a permit system whereby the
Harbormaster would have a limited number of permits which would be issued
to individuals only when they were physically parked in the harbor area due
to their service business operation. In answer to a question from Rick Broughton
City Manager stated the resolution did not contain a provision to charge
for regular parking in the harbor area. No one else appeared in order to
be heard and the public hearing was closed. City Manager stated the
resolution had again been presented to the Harbor Commission at its meeting
of January 4, 1978, at which time the Commission approved the document.
It was moved by Mott, seconded by Potts and unanimously carried by all those
present to approve Resolution No. 78-1.
C. Public hearing was opened on the parking regulations as set
forth in the proposed zoning ordinance. No one appeared from the audience
in order to be heard and the public hearing was closed. City Manager stated
the Council had scheduled a public hearing on the entire zoning ordinance
at its meeting of January 23, 1978. Gillespie also noted that the Advisory
Planning and Zoning Commission had scheduled a public hearing on the document
at its meeting of January 11, 1978.
VIII.
CITIZENS' DISCUSSION:
A. Keith Knighten, representing Harbor Air Service, appeared and
requested relief from the City property taxes for airplanes and other property
located at the Seward airport because the opinion of the people involved was
that they were being taxed without receiving any City services. Following
discussion, Hugli, with Council consent, stated the item would be scheduled
for discussion at a Council work session and an answer would be formulated
for Knighten at that time.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
ELECTRIC DEPT: 1. Copies being made available for the public, Hugli read by
title only proposed ordinance regarding electrical fees, entitled:
An Ordinance Regarding Electricity,
Amending Seward City Code Section 9-5.
Connection and Reconnection Charges
ELECT DPT:
(cont'd)
PAGE 143
REGULAR MEETING - JANUARY 9, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(Cont'd)
A. Ordinances for Introduction: (Cont'd)
City Manager explained the ordinance was a housekeeping item, bringing the
Code provision for electrical fees into compliance with current charges. It
was moved by Mott, seconded by Campbell and unanimously carried by all those
present to introduce proposed Ordinance No. 453 and schedule a public hearing
for February 13, 1978.
I REFUSE: 2.
only proposed
BLDG DPT/
ORDS:
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FIRE DPT:
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PERSONNEL/
ORDS:
Copies being made available for the public, Hugli read by title
ordinance regarding refuse rates, entitled:
An Ordinance Regarding Garbage and Refuse,
Seward, City Code Section 12-19
City Manager stated the ordinance as presented contained those refuse rates
as proposed by Herman Leirer at Council's previous meeting of December 19,
1977. He further explained that the garbage contract was a four year agreement
with the provision for rate review at the end of 2 years. In answer to a
question, he cited comparable Anchorage rates for the same services. Following
discussion, it was moved by Mott, seconded by Campbell and carried as follows
to introduce proposed Ordinance No. 454 and schedule a public hearing for
February 13, 1978.
Ayes:
Noes:
Absent:
Campbell, Hugli, Mott, Potts and Vincent
Gillespie
Leer
B. Ordinances for Public Hearing and Enactment:
1. Copies being made available for the public, Hugli read by title
only proposed Ordinance No. 445 regarding building codes, entitled:
An Ordinance Relating to Buildings,
Repealing and Re-enacting Sections
6-1 and 6-2 of the Seward City Code
"Notice of Public Hearings on Proposed City Ordinances" as published two times
in the local newspaper, was noted. Public hearing was opened on the ordinance;
no one appeared from the audience in order to be heard and the public hearing
was closed. It was moved by Mott, seconded by Gillespie and unanimously carried
by all those present to enact Ordinance No. 445.
2. Copies being made available for the public, Hugli read by title
only proposed Ordinance No. 446 regarding fire codes, entitled:
An Ordinance Relating to Fire Prevention,
Repealing and Re-enacting Sections 11-1 and
11-9.1 of the Seward City Code
"Notice of Public Hearings on Proposed City Ordinances" regarding Ordinance
No. 446 as published two times in the local newspaper was noted. Public hearing
was opened on the ordinance; no one appeared from the audience in order to be
heard and the public hearing was closed. In answer to a question from Campbell,
Fire Chief Watsjold explained that in the past, above-ground storage tanks con-
taining Class I liquids were allowed by permit only, no permits for such had been
issued in Seward, and the proposed ordinance would eliminate the permit provision
and prohibit all such fuel storage. Vincent stated he would vote for the ord-
inance only if the administration had the intention of enforcing it; the City
Manager confirmed that the administration would do everything possible to insure
compliance. Campbell stated he felt the ordinance should clearly state the dis-
position of existing fuel tanks. Following discussion, it was moved by Mott,
seconded by Campbell and unanimously carried by all those present to postpone
action on Ordinance No. 446 until the Council meeting of January 23, 1978, in
order to allow the City Manager time to consult with the City Attorney regarding
the disposition of existing fuel tanks.
3. Copies being made available for the public, Hugli read by title
only proposed Ordinance No. 449 regarding conflicts of interest, entitled:
An Ordinance Regarding Conflicts of Interest,
Creating a New Chapter 25 of the Seward Code
of Ordinances
PERSONNEL/
ORDS:
S B H:
HARBOR:
C.A. :
POL.DPT:
PAGE 144
REGULAR MEETING - JANUARY 9, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(Cont'd)
B. Ordinances for Public Hearing and Enactment:
(Cont'd)
"Notice of Public Hearing on Proposed City Ordinance" as published two times
in the local newspaper, was noted. Public hearing was opened on the ordinance.
Bren~ Whitmore appeared and spoke against the City adopting such an ordinance,
statlng that he felt such an ordinance was unnecessary for a City the size of
Seward. No one else appeared from the audience in order to be heard and the
public hearing was closed. Hugli, with Council consent, asked that Council
meet in a study session immediately following conclusion of the regular
meeting agenda in order to discuss the ordinances regarding conflicts of
interest and refuse rates, as well as Keith Knighten's request for a dif-
ferential tax rate for the airport. It was moved by Gillespie, seconded
by Mott and unanimously carried by all those present to schedule a study
session for discussion of the proposed Ordinance No. 449 prior to enactment.
C. Resolutions: None
X.
UNFINISHED BUSINESS:
A. The following items were noted regarding the proposed purchase
of a Marine Travelift for the Seward Small Boat Harbor:
December 21, 1977, letter from Yale Industrial
Trucks - Perish, Inc. explaining in detail
the provisions of the warranty as applicable
to labor on the Marine Travelift
December 1, 1977, letter from Marine Travelift,
Inc. and attached warranty
City Manager stated if Council was to approve the purchase of the Marine
Travelift, he requested that Council allow him to set the date of purchase at
his discretion. He stated that the City's share of the costs would be $32,500
and the State would match that figure in exchange for the present used boat
hoist. Following discussion, it was moved by Potts, seconded by Vincent and
unanimously carried by all those present to approve the purchase of the
Marine Travelift and allow the City Manager to set the date of purchase.
XI.
NEW BUSINESS:
A. "Statement of Policy Relating to Operation and Management of
State-Owned Harbor Facilities" as received from the State of Alaska Division
of Harbor Design and Construction, dated December 5, 1977, was noted. City
Manager reviewed the document, calling Council's attention to specific policy
statements of interest to the City: 1.) priorty lists for locals 2.) sub-
leasing 3.) no one person or group to have more than one slip. In conclusion,
City Manager recommended that the Council schedule a joint meeting with the
Harbor Commission within the next few months in order to discuss the Policy
Statement as well as the recently completed dock feasibility study.
B. Edgar Hatch claim for damages on behalf of Gwen Stetson in the
amount of $81.50 as filed with the City on December 27, 1977, was noted.
December 27, 1977, letter of explanation as filed by Cashier-Receptionist Magyar
was also noted. City Manager stated frozen food in the stated amount had
spoiled due to the City turning off the electricity at the residence in error.
He stated that the problem initiated with a City electrician, no longer working
for the City, who had verbally told the Utility Clerk to shut off the Stetson
residence; however, Stetson later informed the City that she had not requested
that the electricity be turned off. City Manager explained that the new
administrative policy of requiring the signature of the electric utility
customer prior to turning off service would hopefully prevent such errors
from occuring in the future. In conculsion, he recommended payment of the
claim. It was moved by Mott, seconded by Gillespie and unanimously carried
by all those present to authorize payment of the $81.50 claim of Gwen Stetson
as filed by Edgar Hatch.
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C. Letter dated December 29, 1977, from Lucy Broughton requesting
approval to locate a 60 foot trailer on her lot located within the City limits
during a limited time period while repairs were being made on the trailer
was noted. Following discussion, it was moved by Vincent, seconded by Potts
POL.DPT:
STREETS:
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OCEANVIEW
SUBD:
T.V.
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SCHOOLS:
ST.RD.HYS:
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ST.RD.HYS:
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PAGE 145
REGULAR MEETING - JANUARY 9, 1978
VOLUME 18
XI.
NEW BUSINESS:
(Cont'd)
and unanimously carried by all those present that Lucy Broughton be granted
a time period of 180 days to park the trailer within the City limits in order
to complete repairs
D. "Periodic Estimate for Partial Payment", received from Associated
Asphalt Paving Ltd. for Seward street improvements for the month of November,
1977, was noted. It was moved by Mott, seconded by Campbell and unanimously
carried by all those present to authorize payment of $45,901.23 to Associated
Asphalt Paving, Ltd. for a portion of the Seward street improvements.
XII.
CITY MANAGER REPORTS:
A. James Whitethorn's letter of December 20, 1977, requesting that
the remaining R-2l property be readvertised for bids, was noted. City Manager
stated the lots as forfeited by Don Ennis had been readvertised in the local
newspaper and the City was accepting sealed bids on Lots 9-13, Block 2,
Oceanview Subdivision, the minimum bid for each of the lots of approximately
6000 square feet was $6,000.
B. City Manager stated that since the new television ordinance had
been enacted in mid-1976, there were approximately 100 households who had signed
exemption forms stating they did not have a television or could not receive
the television transmissions. He stated there were approximately eight people
who refused to either pay the $4 per month charge or file an exemption form
and asked to what extent the Council wished to enforce the ordinance. Mott
stated he felt the City should take those individuals in violation of the ord-
inance to Small Claims Court. City Manager also pointed out the problem of
how to charge multiple dwelling units such as hotels and motels and apartment
complexes and cited one apartment complex with over 30 units which only paid
for one television. He stated it was his opinion the current ordinance should
be revised to include rates for multiple! dwp.lling units. Pat Williams appeared
and stated she had heard several persons complain about the fact that they
were paying the $4 per month television charge for one household and a large
apartment complex with over 36 units was also only paying $4 per month. Fol-
lowing discussion, City Manager confirmed he would have a proposed document
regarding multiple dwelling television rates for presentation to Council at its
next meeting. In answer to a question from Gillespie, City Manager stated the
television fund currently had a balance of $6,1117.
C. Kenai Peninsula Borough School District letter of December 20,
1977, regarding the operating expenses of the Seward High School and adjacent
gymnasium, was noted. City Manager stated he was investigating the figures
of the operating costs of the structures to see if the City could afford them
and would want to submit a proposal to the Borough to take over management of
the buildings once the new high school was ready for occupancy. Following dis-
cussion, City Manager, with Council consent recommended he proceed to investi-
gate the total costs involved if the City took over the management of one or
both of the soon-to-be surplused buildings.
D. State Division of Parks letter dated December 21, 1977, regarding
available grants for local recreation projects, was noted. City Manager stated
that 50 percent matching funds were available for recreation projects and
75 percent funds might also be available under certain circumstances and the
City should keep such funding in mind for future projects.
E. December 27, 1977, letter from JoAnne E. Shanley regarding
First Avenue maintenance in the Cliff Addition was noted. City Manager stated
that throughout the City there were instances of dedicated streets running over
mountains and through creeks, which would never be developed. He suggested,
with Council consent, that the City look into the resubdivision of various
areas and the vacation of unnecessary street right-of-ways, giving one-half of
each vacated right-of-way to each abutting property owner. Following discussion,
City Manager stated he would have a more detailed proposal regarding resub-
division and vacation of certain areas for discussion at the next Council
meeting.
F. "Public Notice" dated January 4, 1978, from the Alaska District
Corps of Engineers regarding the relocation of the Seward Highway at Mile 18,
was noted. City Manager explained that in May the State had declared the area
an emergency and in June the Federal government had followed suit, and
, .
STREETS:
FIRE DEPT:
C Z M:
EMPLOYEE
ASSOC:
C.MANAGER:
PAGE 146
REGULAR MEETING - JANUARY 9, 1978
VOLUME 18
100 percent funding had been made available for relocation of the Seward
highway. However, in excess of $50,000 had already been expended by the
City, the repayment of such which had not been addressed by the government.
He stated he was continuing efforts to get reimbursed for those emergency
expenditures.
G. City Manager stated he had been contacted by Economic Development
Administration regarding various grant programs available for energy conser-
vation projects. He stated that the Fire Hall was in desperate need of a new
roof and insulation of the north wall and a grant application had been sub-
mitted for funding the project. He stated it appeared the City's application
would be approved but before he could accept the grant on behalf of the City,
he needed confirmation that the Council would approve the 25 percent City
matching funds needed for receipt of the grant funds. Following discussion,
it was moved by Mott, seconded by Campbell and unanimously carried by all
those present to authorize funds not to exceed $10,000 for repair of the
Fire Hall roof and insulation of the north wall.
H. City Manager stated representatives of the Corps of Engineers
had planned to attend the evening's meeting to discuss a proposed shoreline
erosion project for the 7th Avenue beach area but did not arrive due to poor
road conditions. City Manager spoke briefly on the proposal and, with
Council consent, stated a work session would be called during the week if the
Corps of Engineers representatives could be present to discuss the matter.
I. January 4, 1978, letter from Dr. Richard A. Neve' Professor of
Marine Science, Seward Marine Station, asking Council to authorize his attend-
ance at a Coastal Zone Management symposium March 14-16, 1978, in San Francisco,
at a cost of $615, was noted. City Manager recommended that Neve' be authorized
to attend as the City's representative. Following discussion, it was moved
by Potts, seconded by Vincent and unanimously carried by all those present to
authorize Neve' and Hugli to attend the Coastal Zone Management symposium in
San Francisco March 14-16, 1978. Mott asked that the Chairmen of the Planning
and Zoning, and Harbor Commissions also be notified of the symposium to see
if they would like to attend.
J. City Manager stated he had been informed that the Federal
Government was doing a feasibility study on certain small hydro-electric sites
and Lowell Canyon might qualify for such funding. He stated he would keep
Council informed of the study.
K. City Manager stated the Council had met in executive session
immediately preceding the regular meeting agenda in order to review the pro-
posed International Brotherhood of Electrical Worker's (IBEW) contract. He
reviewed all the sections of the contract which were negotiated, including
health and welfare benefits, hot stick time, shift differential for the grave-
yard shift and wages. He stated the proposed contract as signed by the IBEW
was for three years, expiring December 21, 1980, and, in conclusion, recom-
mended Council accept the contract. It was moved by Mott, seconded by Vincent
and unanimously carried by all those present to accept the IBEW contract as
negotiated.
L. City Manager spoke on the disposition of the car previously pur-
chased for his use and stated that he needed another vehicle or an allowance.
Following discussion, it was moved by Campbell, seconded by Potts and unanimous-
ly carried by all those present to authorize a car allowance for the City Manager
at $150 per month and 15 cents per mile.
PARKS & REC: M. City Manager and Hugli spoke in support of the City sponsoring
a local basketball team to travel to Anchorage to participate in the Fur
Rendevous. City Manager stated the costs would not exceed $500 and funds
were available in the existing Recreation Department budget to cover the
costs. He stated that in addition to the entry fees, monies for sweatshirts
were requested and the shirts would remain the property of the City to be used
in following years. Hugli, with Council consent, stated the funds within
the Recreation Department budget should be utilized for sponsoring the local
basketball teams participation in the league games in Anchorage during the
Fur Rendevous
N. City Manager stated Administrative Assistant Schaefermeyer was
currently in Juneau taking care of various City matters, one being attempting
to get the CEIP funds released which are being held up due to a disagreement
between Senator Clem Tillion, the Dept. of Community and Regional Affairs and
the Budget and Audit Committee.
PAGE 147
REGULAR MEETING - JANUARY 9, 1978
VOLIDiE 18
XIII.
COUNCIL DISCUSSION:
P & Z COMM: A. The following items were noted as to the vacancies on the Seward
Advisory Planning and Zoning Commission:
"Notice of Vacancies Planning and Zoning
Commission" as published November 17, 24,
and December 1, 1977, in the local news-
paper
I
City Clerk's memo listing the vacancies
and applications
Minute order of a portion of the Planning
and Zoning Commission meeting minutes of
November 9, 1977, noting recommended re-
moval of David Moore from the Commission
due to non-attendance
October 12, 1977, letter of resignation
of Jean E. Leer
Letter received December 23, 1977, from
James Lawson stating he did not want to
be reappointed to the Commission when his
term expired in February 1978
Letters of application from the following:
Pat O'Brien
Chester Thorne
Darell G. Jelsma
Raymond Olson
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January 9, 1978, letter of application from
Luella Wilfong was also distributed
Mott stated no one should be appointed to the Commission unless they were
willing to serve a term on the Borough Planning Commission as the City's re-
resentative. City Manager recommended that a questionnaire be drafted and be
completed by the applicants prior to appointment, but, recommended at the
present time two members be appointed from the applicants other than the two
incumbents, in order that the Commission could have a full quorum at its next
few meetings. A secret ballot was taken and Raymond Olson and Darell Jelsma
were declared to be appointed to the Seward Advisory Planning and Zoning Com-
mission. Following discussion, it was moved by Mott, seconded by Campbell and
unanimously carried by all those present to appoint Darell Jelsma to the Borough
Planning Commission as the representative from the City of Seward.
B. Hugli, with Council consent recommended that the appointment of
Harbor Commissioners be continued until the questionnaires could be completed.
C C T:
C. December 30, 1977, letter from City Clerk-Treasurer recommended
that Susan Faust be appointed as Acting City Clerk-Treasurer during the Clerk's
absence from January 13, - February 13, 1978, was noted. It was moved by Mott,
seconded by Vincent and unanimously carried by all those present to appoint
Susan Faust as Acting City Clerk during the Clerk's absence.
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D. Capital Site Planning Commission's letter of December 20, 1977,
requesting the Council set a tentative meeting date so the Commission could
make a presentation and answer questions on its activities, was noted. Hugli,
with Council consent, recommended March 20, 1978, be set as a tentative meeting
date.
E. In answer to a question from Campbell, City Manager gave a status
report on the 800 foot float system to be built by the State in the Seward
Small Boat Harbor.
F. In answer to a question from Hugli, Police Chief Bencardino gave
a report on his attendance at the FBI National Academy.
XIV.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
PAGE 148
REGULAR MEETING - JANUARY 9, 1978
VOLUME 18
XV. ADJOURNMENT:
After a ten minute recess,
the two proposed ordinances of
as Keith Knighten's request
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Raym;;ld L. Hugli
Mayor
JA
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PAGE 148
SPECIAL MEETING - JANUARY 18, 1978
VOLUME 18
I.
CALL TO ORDER:
The special meeting of the Seward City Council was called to order
by Mayor Hugli at 8:29 p.m.
II.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Gillespie, Mott, and
Vincent (Absent, with Council consent were Campbell,
Leer, and Potts)
Present also: City Manager Johnson, City AttOrney,Jarrell,
Administrative Assistant Sehaefermeyer, and Acting
City Clerk-Treasurer Faust
III.
OPENING CEREMONY:
Councilmember Mott led the pledge of allegiance to the flag.
ABCB:
MARINA SUB:
IV.
SPECIAL ITEMS:
Copies being made available to the public, Hugli noted by title only
proposed ordinances regarding special limitations within the Marina Subdivision
entitled:
An Emergency Ordinance Including Special Limitations
on the Marina Subdivision in the Zoning Ordinance and
Regulations for the City of Seward, Alaska
AND
An Emergency Ordinance Establishing Special Limitations
on the Marina Subdivision Within the City Limits of
the City of Seward, Alaska
City Attorney Jarrell explained the reason for the two ordinances were the
results of the election in 1969 which prohibited sale of liquor in the Marina
Subdivision, two previous request for liquor licenses which were turned down, and
the last request made by Marilyn Plymire in June which was turned down by the
City Council. In answer to a question from Vincent, Jarrell explained that
State laws did give cities the right to zone certain areas forbidding sale
of alcohol. In answer to a question from Mott, Jarrell stated that the
Supreme Court had never, as far as he knew, set precedent on how much validity
an election of nine years ago would have today. Hugli opened Citizens Discussion
before any vote was taken. Marilyn Plymire appeared from the audience and
invited all Councilmembers to tour the Breeze Inn before making a decision, and
to come to the public hearing the Alcohol Control Board was holding January 19,
1978, at 8:30 a.m. Willard Dunham, Alice Ainsworth, Pat Williams, and Bruce
Sieminski each appeared from the audience and spoke against the ordinances,
stating that they felt the past election was too far in the past to be valid
today, that there was no real emergency and they felt that the Alcohol Control
ABCB/
MARINA SUB:
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PAGE 149
SPECIAL MEETING - JANUARY 18, 1978
VOLUME 18
IV.
SPECIAL ITEMS:
(Cont'd)
Board would back up the City Council's decision if they presented good solid
reasons for refusing the license. Gillespie stated he felt that the vote in
1969 was definitely outdated and he was in favor of Plymire's request. Following
discussion, it was moved by Mott, seconded by Vincent but did not carry as
follows to approve proposed emergency Ordinance No. 451 regarding zoning
limitations in the Marina Subdivision:
Ayes:
Noes:
Absent:
Hugli, Mott, Vincent
Gillespie
Campbell, Leer, and Potts
It was moved by Mott, seconded by Vincent but did not carry as follows to approve
proposed Ordinance No. 452 regarding special limitations on the Marina Subdivision:
Ayes:
Noes:
Absent:
Hugli, Mott, Vincent
Gillespie
Campbell, Leer, and Potts
V.
adjourned at 9:42 p.m.
/ (/ j 14?
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RaymJ'nd L. HugH
Mayor
PAGE 149
REGULAR MEETING - JANUARY 23, 1978
VOLUME 18
I. CALL TO ORDER:
The regular meeting of the Seward City Council of January 23, 1978,
was called to order at 7:35 p.m.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Gillespie, Mott, Potts,
and Vincent (absent with Council consent were
Leer and Campbell)
Present also: City Manager Johnson, City Attorney Jarrell, Acting
City Clerk-Treasurer Faust, Administrative Assistant
Schaefermeyer, and City Engineer Small
IV.
APPROVAL OF HINUTES:
It was moved by Mott, seconded by Vincent and unanimously carried
by all those present to approve the minutes of January 9, 1978, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following be deleted from the
regular meeting agenda:
VII.
Public Hearings:
B. Public hearing on proposed zoning ordinance
postponed until the next regular meeting
PAGE 150
REGULAR MEETING - JANUARY 23, 1978 VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd)
IX. Ordinances and Resolutions:
B. Ordinances for Public Hearing and Enactment:
1. Proposed ORdinance No. 446 regarding adoption
of 1976 Fire Prevention Code postponed until next
regular meeting.
City Manager further requested that the following additions be
made to the regular meeting agenda:
IX. Ordinances and Resolutions:
C. Resolutions:
1. Resolution No. 78-3 urging the Governor and
the Legislature to recognize the severe over-
crowding in harbors of Alaska and requesting
approval of bonding for harbor improvements to be
presented to the voters
2. Resolution No. 78-4 accepting State Grant in
connection with Bayview Addition Water and Sewer
Project
3. Resolution No. 78-5 approving
Housing Authority to develop low
and low income family housing
Alaska State
income elderly
XI. New Business:
C. Tom Small's report on the "low head" hydro-
electric Feasibility Study of Lowell Canyon
D. Tom Small's report regarding a City utility
rate study.
XII.
City Manager Reports:
B. Arctic Environmental Engineers invoice
dated January 9, 1978, ,presented for approval
C. Darryl Schaefermeyer to present Corps of
Engineers 7th Avenue Erosion Study for approval
It was moved by Mott, seconded by Vincent and unanimously carried by all those
present to approve the regular meeting agenda as amended and the consent
calendar as presented and the following actions were taken:
COMPT:
1. Accounts Payable for January 1978, was approved
and filed.
LOC ORGS:
2. Seward Elks Lodge #1773 request for a permit for
Games of Chance and Skill was approved and the
Mayor's signature authorized.
ABCB
3. Dorothy's Cocktail Lounge application to Alcoholic
Beverage Control Board for renewal of her Beverage
Dispensary License was approved and the Mayor's
signature authorized.
4. Letter dated January 10, 1978, from the State of
Alaska, Department of Community and Regional Affairs
regarding Seward population was noted and filed.
5. Letter dated January 13, 1978, from the State of Alaska
regarding assessed property in the State was noted
and filed.
6. Letter dated January 6, 1978, from the State of Alaska
regarding Re:solution No. 77-53, was noted and filed.
RES/
MARATHON
ADDN:
I
ORDS/
P & Z:
I
I
ORDS/
FIRE DEPT:
PAGE 151
REGULAR MEETING - JANUARY 23, 1978
VOLUME 18
VI.
BOROUGH ASSEMBLY REPORT: None
VII.
PUBLIC HEARINGS:
A. Public hearing was opened on the Seward Council on Alcoholism
and Community Services' (SCACS) request for a lease or deed to the City owned
Lots 3 and 4, Marathon Addition, for construction of a treatment center.
"Notice of Public Hearing" as published in the local newspaper on January 19,
1978, was noted. City Manager stated that the wording "for so long as used
for alcohol treatment and/or mental health treatment purposes" as requested
previously had been added. In answer to a question from Potts, City Attorney
explained that it would be a relatively simple matter to put in a time limit.
Gene DeGooyer appeared from the audience and asked if the Deed could also be
changed to say construction for SCACS, this would be insurance that the prop-
erty would go to the SCACS rather than perhaps another State organization.
City Attorney stated that the City had previously, in the contract with Dresser
Industries, set a deadline for the beginning of construction and a deadline
for the completion of construction, he suggested that 2 years for the beginning
and 5 years for the completion of the construction would be adequate. He
further suggested that if the deed were to say construction for the SCACS then
the addition of "or successor of said organization" would be necessary.
Following discussion, it was moved by Gillespie, but later withdrawn to approve
the Quitclaim Deed to SCACS. City Attorney explained that the motion would
have to be in the form of a Resolution in order for the Deed to have immediate
effect. In answer to a question from Vincent, City Attorney explained it would
still have to be for alcohol or mental health treatment. Following discussion,
it was moved by Gillespie, seconded by Potts and unanimously carried by all
those present to approve Resolution No. 78-2 regarding Quitclaim Deed to SCACS
with amendments as follows: 1) construction to begin within 2 years, 2) con-
struction to be completed within 5 years, and 3) deed to be for Seward Council
on Alcoholism and Community Services or its successor.
B. City Manager requested to read a letter from Jeff Otteson,
Senior Planner with the Borough, and distribute for Council review before open-
ing the public hearing on the proposed zoning ordinance. Mr. Otteson recommended
in his letter that the definition of Off-street Parking be reworded to include
driveways, he further recommended that parking requirements for Commercial and
General Zones be deleted for the time being.
Public hearing was opened on the proposed ordinance. "Notice of
Public Hearing on Proposed Zoning Ordinance" as published two times in the local
newspaper was noted. Jim Woern on behalf of the Seward Chamber of Commerce
appeared from the audience and stated he was in support of reviewing the parking
requirements as recommended by Jeff Otteson. No one else appeared in order to
be heard and the public hearing was closed. In answer to a question from Potts,
City Manager stated that the word automobile under Off-street Parking defini-
tions could be changed to vehicle if the Council requested so. City Manager
with Council consent, requested that a Public Hearing be held at the next reg-
ular meeting. In answer to a question from Gillespie, City Manager explained
that reference to the Rural Residential Zone which was included on the proposed
map would be included in the ordinance. City Manager mentioned for public
information that there would be a public hearing at the next Planning and Zoning
Commission meeting on the proposed zoning map.
VIII.
CITIZENS' DISCUSSION:
No one appeared from the audience in order to be heard at this time.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment:
1. City Manager explained that the public hearing on proposed
Ordinance No. 446 regarding adoption of 1976 Fire Code would be held as publicized,
but requested with Council consent that a Public Hearing and Vote for Enactment
be held at the next regular meeting.
Copies being made available for the public, Hugli noted by number
only, proposed Ordinance No. 446 regarding adoption of the 1976 Fire Code
entitled:
An Ordinance Relating to Fire Prevention,
Repealing and Re-enacting Sections 11-1
and 11-9.1 of the Seward City Code
ORDS/
FIRE DEPT:
PERSONNEL:
ORDS/
SBH:
ORDS/
SBH/
ELECT.DPT:
PAGE 152
REGULAR MEETING - JANUARY 23, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(Cont'd)
B. Ordinances for Public Hearing and Enactment:
(Cont'd)
"Notice of Public Hearings on Proposed City Ordinances" as published in the
local newspaper one time on January 19, 1978, was noted. Public hearing was
opened on the proposed ordinance; no one appeared from the audience in order
to be heard and the public hearing was closed.
2. Copies being made available to the public, Hugli read by title
only proposed Ordinance No. 449 regarding conflicts of interest, entitled:
An Ordinance Regarding Conflicts of Interest,
Creating a New Chapter 25 of the Seward Code
of Ordinances
"Notice of Public Hearing" as published in the local newspaper one time on
January 19, 1978, was noted. Public hearing was opened on the ordinance.
Brent Whitmore appeared from the audience and spoke against the ordinance,
stating that he felt it was unnecessary and too strong. Council requested that
City Manager check into other ways of restricting conflicts of interest.
Following discussion, it was moved by Mott, seconded by Vincent and unanimously
carried by all those present to table proposed ordinance no. 449 regarding
conflicts of interest.
3. Copies being made available to the public, Hugli noted by
number only, proposed Ordinance No. 452 regarding seaplanes in the Small Boat
Harbor entitled:
An Ordinance Regarding the Small Boat Harbor,
Amending Seward City Code Section 5-45 - Seaplanes
"Notice of Public Hearings on proposed City Ordinances" as published two times
in the local newspaper was noted. Public hearing was opened on the proposed
ordinance. Keith Knighten and Pat Meyers appeared from the audience and spoke
in opposition to the ordinance. Bob Clasby, Chairman of the Harbor Commission,
appeared from the audience and spoke in support of the ordinance stating that
berthing was not possible during the summer months, except in emergency cases
and for only a few hours. No one else appeared from the audience in order to
be heard and the public hearing was closed. Foster Singleton appeared from
the audience and explained that the reason the ordinance had been presented
was that the Harbor was trying to set a rate for berthing of planes and in the
past, planes were not allowed at any time of the year. With this ordinance,
they can set a rate and limit berthing during the summer months. In answer to
a question from Mott, City Manager stated that the restriction during the sum-
mer months should not be deleted due to summer harbor congestion. In answer
to a question from Potts, City Manager stated that the ordinance precluded
any plane from berthing from June 1, through September 31, except in an emergency.
In answer to a question from Gillespie, Clasby stated that the Harbor Commission
would review the ordinance again for rewording. Following discussion, it was
moved by Gillespie, seconded by Mott, and unanimously carried by all those
present to postpone public hearing and vote for enactment until the next regular
meeting.
4. Copies being made available to the public, Hugli noted by
number only, proposed Ordinance No. 451 regarding electrical service in the
Small Boat Harbor entitled:
An Ordinance Regarding Electrical Service in
the Small Boat Harbor, Amending Seward City
Code Section 5-80.1
"Notice of Public Hearing on Proposed Ordinance" as published in the local
newspaper two times was noted. Public hearing was opened on the ordinance.
No one appeared from the audience in order to be heard and the public hearing
was closed. It was moved by Mott, seconded by Potts and unanimously carried
by all those present to enact Ordinance No. 451.
C. Resolutions:
1. Copies being made available for the public, Hugli noted by
number only, Resolution No. 78-3 regarding bonding for Harbors in Alaska
RES/
SBH
I
RES/
WATER/
SEWER/
BAYVIEW ADN:
RES/
LIORGS'
BIDS
PURCHASING
AGENT:
· SBH/
IILICE:
ELECTRIC/
LOWELL
CANYON:
" r".~
! j.,
PAGE 153
REGULAR MEETING - JANUARY 23, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions:
(cont'd)
entitled:
A Resolution Urging the Governor and Legislature
to Recognize the Severe Overcrowding in the
Harbors of Alaska and Requesting Approval of
Adequate Bonding for Harbor Expansion and Improve-
ments, such Bonding to be Presented to the Voters
of the State of Alaska
City Manager explained the resolution was being presented because the Governor's
budget deletes 2~ million dollars which had been earmarked for Seward Small
Boat Harbor. Following discussion, it was moved by Mott, seconded by Gillespie
and unanimously carried by all those present to approve Resolution No. 78-3.
2. Copies being made available to the public, Hugli noted by
number only Resolution No. 78-4 regarding grant for the Bayview Addition
water and sewer project entitled:
A Resolution Accepting the State Grant
in Connection with the Bayview Addition
Water and Sewer Project
City Manager explained that the resolution needed approval so that he could
execute the necessary documents to accept it. In answer to a question from
Mott, City Manager stated that the amount of the grant in this Resolution is
what the Council had planned on previously. Following discussion, it was moved
by Mott, seconded by Potts and unanimously carried by all those present to
approve Resolution No. 78-4.
3. Copies being made available to the public, Hugli noted by
number only proposed Resolution No. 78-5 regarding Senior Citizen Housing
entitled:
A Resolution Approving the Efforts of the Alaska
State Housing Authority to Develop Low Income
Elderly and Low Income Family Housing in the City
of Seward
City Manager explained that the resolution was needed by Alaska State Housing
Authority (ASHA) in order to begin consideration of Seward for housing. In
answer to a question from Mott, City Manager stated that it would have to in-
clude Low Income Families in the event that there would not be enough Senior
Citizens to fill unused housing. Following discussion, it was moved by Mott,
seconded by Potts and unanimously carried by all those present to approve
Resolution No. 78-5.
X.
UNFINISHED BUSINESS: None
XI.
NEW BUSINESS:
A. Letter dated December 14, 1977, from B. F. Goodrich Company
with attached Confidential Net State and Federal Open Market Price lists was
noted. City Manager recommended that Council approve B. F. Goodrich's bid as
he felt the prices were reasonable. Following discussion, it was moved by Mott,
seconded by Potts, and unanimously carried by all those present to approve the
bid of B. F. Goodrich for Tires, Tubes, and Batteries.
B. Letter dated January 17, 1978, from Mr. Zane Mertz, regarding
security in the Small Boat Harbor was noted. City Manager stated he felt there
was no need for the security proposal Mr. Mertz submitted. In answer to a
question from Hugli, City Manager stated that no action need be taken in this
case.
C. City Manager introduced Mr. Tom Small from CH2M Hill. Mr. Small
explained that the Federal Department of Energy was looking into low head hydro-
electric sites. He felt that if the Council approved, Lowell Canyon would
qualify for Federal Assistance. Mr. Small further explained that out of approx-
imately 200 applicants, 50 would be chosen and each eligible applicant could
be granted up to $100,000 by the Department of Energy. He stated that the only
cost to the City would be the administrative time of the City Manager and
ELECTRIC/
LOWELL
CANYON:
PUBLIC
UTILITIES/
ELECTRIC:
WATERFRONT
TRACTS:
JESSE LEE
HEIGHTS:
STREETS,
ROADS, &
HIGHWAYS:
WATERFRONT
TRACTS
PAGE 154
REGULAR MEETING - JANUARY 23, 1978
VOLUME 18
XI.
NEW BUSINESS:
Administrative Assistant. Following discussion, it was moved by Gillespie,
seconded by Mott and unanimously carried to approve the request of Tom Small
of CH2M Hill tp prepare an application for the City to submit to the Depart-
ment of Energy for a grant to do a feasibility study on the low-head hydro-
electricity in Lowell Canyon with the understanding that if awarded, the study
would be,done by CH2M Hill.
D. City Manager stated he felt a rate study for Seward Utilities
was needed, he stated this was included in the budget and would not need any
additional monies approved. He further recommended that a rate committee
be appointed to work with CH2M Hill. Mr. Small spoke explaining the rate
study. He stated that the study would tell how much increase, if any, would
be needed. Mott asked if the upgrading that CH2M Hill was doing shouldn't
be completed prior to any study. City Manager stated that he would have this
on the agenda for the next regular meeting for further discussion.
XII.
CITY MANAGER REPORTS:
A. Letter dated January 12, 1978 from the Department of Trans-
portation and Public Facilities was noted. City Manager stated that there
was a misunderstanding regarding the increase in the 1978-79 FY78 Agreement
with the Division of Marine Highways. He stated that he would have further
information after he had talked with Mr. Hudson.
B. City Manager presented for Council approval Arctic Environ-
mental Engineers invoices dated January 11, 1978, totaling $93,341.75. In
answer to a question from Gillespie, City Manager explained that the water and
sewer surveying price of $3,283.60 included surveying for the whole subdivision.
In answer to a question from Gillespie, City Manager stated that any errors
by the Engineer that amounted to much cost would probably be covered by the
bonding company. Following discussion, it was moved by Mott, seconded by
Vincent and unanimously carried by all those present to approve payment to
Arctic Environmental Engineers.
C. City Manager stated that he had, received a letter from the
Governor recognizing receipt of the letters that the City had sent to
Representative Loveseth and Senator Kertulla regarding relief funds for
Mile 18. He further stated that both Senator Kertulla and Representative
Loveseth had submitted bills requesting a special appropriation with respect
to the utilities transmission line at mile 18.1 of the Seward Highway and pro-
viding for effective date. The bills are for $192,743, with $52,743 of it for
the City of Seward's expenditures as a result of the damage to the City
transmission line on May 18, 1977 and $140,000 to the Department of Transporta-
tion and Public Facilities to relocate the principal transmission lines
serving the City of Seward.
D. Administrative Assistant Schaefermeyer spoke on the proposed
Corps of Engineers 7th Avenue Shoreline Erosion Project. The Corps of Engineers
proposed to study several types of shoreline erosion control devices along the
7th Avenue waterfront with the City sponsoring approximately $35,600 of the
$142,500 construction cost. After the Corps of Engineers moved out, the City
would take over care and maintenance of the project which would have an est-
imated lifespan of 10-25 years. In answer to a question from Hugli,
Schaefermeyer stated that this needed to be decided immediately as the Corps
was prepared to begin design and engineering. Following discussion, it was
moved by Mott, seconded by Gillespie and unanimously carried by all those
present not to approve the Shoreline Erosion Project as requested by the Corps
of Engineers.
E. City Manager requested an Executive Session. It was moved
by Gillespie, seconded by Potts and unanimously carried by all those present
to have an executive session following the regular meeting agenda.
XIII.
COUNCIL DISCUSSION:
1. Gillespie stated he had been called by a citizen that had
informed him that City employees were using the City Shop after hours for
their personal use. Hugli stated that the City Council had directed the City
Manager to see to the discontinuance of such activity approximately two years
ago. City Manager stated he would see that it was taken care of immediately.
PAGE 155
REGULAR MEETING - JANUARY 23, 1978
VOLUME 18
XIII.
COUNCIL DISCUSSION: (Cont'd)
ABCB:
2. Potts reported on the Public Hearing that was held in
Anchorage regarding Marilyn Plymire's request for a liquor license for the
Breeze Inn Motel and Restaurant. He stated he had spoken on behalf of the
Council, voicing their objections. City Attorney stated that the Hearing
Officer had granted Plymire's Attorney 30 days to come up with a brief in
response to the City's. The City would then have 5 days to follow with a
further response. Following that the Alcohol Control Board will then have
the results of the hearing.
III
3. Hugli asked to be excused from the February 13, 1978 meeting.
4. Hugli also commented on the Accounts Payable List for January
1978, several items on which the City Manager said he would check into.
5. Potts asked to be excused from the February 13, 1978 meeting.
City Manager stated he would check on the quorom of the next meeting.
XIV.
CITIZENS' DISCUSSION:
Alice Ainsworth appeared from the audience and raised a question
about the Alcohol Beverage Control Board hearing on the application of Marilyn
Plymire for a liquor license for the Breeze Inn Motel and Restaurant. Hugli
explained that the City had done all they could and it was now just a matter
of time before the results were received.
Brent Whitmore appeared from the audience and spoke stating
he felt Council should draW up a resolution to be sent to Juneau voicing the
City's objection to Alcohol Beverage Control Board procedures.
xv.
ADJ OURNMENT:
I
was adjourned at 10:13 p.m.
PAGE 155
REGULAR MEETING - FEBRUARY 21, 1978
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to order
by Mayor Hugli at 7:30 p.m.
.
II.
OPENING CEREMONY:
Councilmember Mott led the pledge of allegiance to the flag.
III. ROLL CALL:
I
Present were: Mayor Hugli; Councilmembers Gillespie, Mott and
Vincent (Absent, with Council consent, were
Councilmembers Campbell, Leer and Potts)
Present also: City Manager Johnson, Administrative Assistant
Schaefermeyer and City Clerk-Treasurer Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Mott, seconded by Vincent and unanimously
carried by all those present to approve the minutes of January 18 and
23, 1978, as written.
. ill
PAGE 156
REGULAR MEETING - FEBRUARY 21, 1978
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following items be added to the
regular meeting agenda:
XII. City Manager Reports:
B. Employees' use of City shop
C. Western States Associates' bill for services
rendered for Seward water improvements in the
amount of $18,823.65
City Manager distributed "City of Seward Budget Report" for the seven
month period ending January 31, 197~and stated the document would be
scheduled for discussion at the February 27 Council meeting.
Hugli, with Council consent, approved the regular meeting agenda'
as amended and the consent calendar as presented and the following actions
were taken:
COMPTROLLER:
1. Comptroller's list of Accounts Payable for February
1978 was approved and filed.
CITY ENGINEER:
2. CH2M Hill statement for services rendered, totalling
$2,728.89, was approved for payment and filed.
3. Information regarding a check issued to Seward Building
Supply on January 6, 1978, in the amount of $178.99,
was presented for information only.
ABCB/MARINA SUB:
4. February 7, 1978, letter from City Attorney Jarrell
with attached "City "s Reply to Applicants Memorandum",
regarding the Breeze Inn Restaurant's liquor license
application in the Marina Subdivision, was presented
for information and filed.
LOC ORGS:
5. Seward Chamber of Commerce's application for authority
to conduct authorized games of chance in 1978 was approved
for the Mayor's signature and filed
LOC ORGS:
6. Sacred Heart Parish application for authority to conduct
authorized games of chance in 1978 was approved for the
Mayor's signature and filed.
ABCB:
7. Alcoholic Beverage Control Board's letter dated February
8, 1978, submitting application for liquor license renewal
for the Yukon Bar was filed without comment.
ABCB:
8. Alcoholic Beverage Control Board's letter dated February
8, 1978, submitting application for liquor license renewal
for the Seward Elks Club was filed without comment.
ABCB:
9. February 1, 1978, letter from Alcoholic Beverage Control
Board submitting application for liquor license renewal
for Yukon Liquor Store was filed without comment.
ABCB:
10. February 1, 1978, letter from Alcoholic Beverage Control
Board submitting application for liquor license renewal
for the Pizza Apollo Restaurant was filed without comment.
POLICE DEPT.:
11. January 31, 1978, letter and manuscript from Paul Webb
regarding Seward Police Department services was filed.
12. Brochure regarding the Annual Congressional City's
conference to be held March 5-7, 1978, was noted.
AIR RESOURCES M D:
13. "State of Alaska's Proposed Revisions to Air Quality
Control Plan" dated December 1, 1977, was filed.
ALASKA, ST OF:
14. Department of Environmental Conservation letter of
December 22, 1977, and attached new regulations for the
Department was filed.
PAGE 157 REGULAR MEETING - FEBRUARY 21, 1978
VOLUME 18
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
15. January 18, 1978, letter from Governor Hammond
regarding the Community Block Grant Program was
noted.
I
16. January 19, 1978, letter from the Division of Policy
Development and Planning regarding the work at Mile
18 was filed.
STREETS, RDS, HWYS:
OCS:
17. January 20, 1978, letter from Chevron USA, Inc. and
attached "Oil Spill Penalties" was filed.
CZM:
18. "Notice of Proposed Adoption of Regulations of Alaska
Coastal Policy Council" received January 25, 1978,
was called to the Council's attention and filed.
19. Letter received January 30, 1978, from the Division
of Parks regarding the Historic Preservations Grants
in Aid Program was noted.
LEG REPS:
20. February 8, 1978, letter from Representative Loveseth
and attached CS for Senate Bill No. 448 regarding the
issuance of General Obligation bonds for flood control
and various harbor projects was presented for informa-
tion and filed.
21. Department of the Army, Corps of Engineers, public notice
dated February 1, 1978, regarding the application of P.F.
Kusick to construct a private small boat dock in Humpy
Cove was noted.
VI.
BOROUGH ASSEMBLY REPORT: None
I
OCEANVIEW
VII.
PUBLIC HEARINGS:
SUB: A. Public hearing was opened on the bids
Block 2, Oceanview Subdivision, as offered for sale
R-2l Urban Renewal Project, and the following items
received for Lots 9-13,
under the terms of the
were noted.
February 15, 1978, memo from Administrative
Assistant listing the bid offerings submitted
by James Whitethorn and Dean Williams and the
administration's recommendation to accept the
Whitethorn bid of $6,100 per lot for Lots 9-
11 and the Williams bid of $7,000 per lot for
Lots 12 and 13
"Seward City Council Notice of Public Hearings
on Proposed R-2l Land Sale - February 21, 1978"
as published in the local newspaper one time
on February 16, 1978
Bid documents received from James Whitethorn
dated January 19, 1978, and received February
2, 1978
I
Bid documents received from Dean Williams
dated January 28, 1978, and received February
2, 1978
Administrative Assistant commented on the procedure followed by the adminis-
tration, pursuant to regulations of the Urban Renewal Project, for offering
of the property and receipt of bids. No one appeared from the audience in
order to be heard and the public hearing was closed. In conclusion, Adminis-
trative Assistant stated that Council consideration of the bids would be
scheduled for the February 27 meeting.
PLANNING &
ZONING:
B. Public hearing was opened on the proposed zoning ordinance for
the City of Seward and the following items were noted:
., ;- )
! " ,':J
PLANNING AND
ZONING:
(cont'd)
FIRE DEPT:
S B H/
ORDS:
PAGE 158
REGULAR MEETING - FEBRUARY 21, 1978
VOLUME 18
VII.
(cont'd)
PUBLIC HEARINGS:
"Seward City Council Notice of Public Hearing
on Proposed Zoning Ordinance" as published in
the local newspaper one time on February 9, 1978
Draft of the zoning ordinance for the City of
Seward
February 7, 1978, letter from Pamela F. Oldow
opposing the proposed rezoning of Blocks 12
and 13 and the West one-half of Blocks 11 and
14, Original Townsite, to General Commercial
Petition dated February 1, 1978, bearing 15
signatures, opposing the proposed rezoning of
Block 13 and the West one-half of Block 14,
Original Townsite
Portion of the Planning and Zoning Commission
meeting minutes of February 13, 1978, regarding
the public hearing on the zoning ordinance
No one appeared from the audience in order to be heard and the public hearing
was closed. City Manager stated that the ordinance was being revised as
comments were received from the public on various zoning districts. He
further stated that pursuant to remarks made at a previous public hearing,
the draft ordinance would be modified to eliminate those parking require-
ments for the downtown business district. In conclusion, City Manager
stated the revised zoning ordinance would again be scheduled for public
hearing during the month of March.
VIII.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be
heard.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment:
1. City Manager, with Council consent, requested that discussion
of proposed Ordinance No. 446 regarding adoption of the 1976 Fire Prevention
Code be continued to the February 27 Council meeting.
2. Copies being made available to the public, Hugli noted by
number only proposed Ordinance No. 452 regarding seaplanes in the Small
Boat Harbor, entitled:
An Ordinance Regarding the Small Boat
Harbor, Amending Seward City Code
Section 5-45 - Seaplanes
"Notice of Public Hearings on Proposed City Ordinances" as published in the
local newspaper one time on February 9, 1978, setting the hearing date for
the ordinance, was noted. Public hearing was opened on the proposed
ordinance; no one appeared from the audience in order to be heard and the
public hearing was closed. City Manager commented on the revisions in the
ordinance language as approved by the Harbor Commission. Following discussion,
it was moved by Mott, seconded by Vincent and unanimously carried by all
those present to enact Ordinance No. 452. '
ELECTRIC DEPT/ 3. Copies being made available to the public, Hugli noted by
ORDS: number only proposed Ordinance No. 453 regarding electrical rates, entitled:
An Ordinance Regarding Electricity, Amending
Seward City Code Section 9-5. Connection and
Reconnection Charges
ELECTRIC
ORDS:
I
REFUSE
SERVICE:
JLHS/
RES:
I
ELECTRIC
DEPT:
ABCB:
I
PAGE 159
REGULAR MEETING - FEBRUARY 21, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
B. Ordinances for Public Hearing and Enactment:
(cont'd)
DEPT/
"Notice of Public Hearings on Proposed City Ordinances" regarding Ordinance
No. 453, as published in the local newspaper two times on January 12 and
February 10, 1978, was noted. Public hearing was opened on the proposed
ordinance; no one appeared from the audience in order to be heard and the
public hearing was closed. City Manager stated that the ordinance would
update the Code to reflect the current charges of the electrical utility.
It was moved by Vincent, seconded by Mott and unanimously carried by all
those present to enact Ordinance No. 453.
4. Copies being made available to the public, Hugli noted
by number only proposed ordinance regarding garbage and refuse rates,
entitled:
An Ordinance Regarding Garbage and Refuse,
Seward City Code Section 12-19
It was moved by Mott, seconded by Vincent but did not carry as follows to
enact Ordinance No. 454:
Ayes:
Noes:
Absent:
Hugli, Mott and Vincent
Gillespie
Campbell, Leer and Potts
C. Resolutions:
1. Copies being made available to the public, Hugli read
by number only proposed Resolution No. 78-6 regarding water and sewer
improvements in the Jesse Lee Heights Subdivision, entitled:
A Resolution Accepting the State Grant
in Connection with the Jesse Lee Heights
Subdivision Water and Sewer Project
City Manager stated that the City had received $22,574 in State monies for
the water and sewer system improvements in the Jesse Lee Heights Subdivision
area and that the resolution was required as a formal acceptance of those
funds. It was moved by Mott, seconded by Gillespie and unanimously carried
by all those present to approve Resolution No. 78-6.
X.
UNFINISHED BUSINESS: None
XI.
NEW BUSINESS:
A. February 8, 1978, letber from Christine Werner regarding the
Western Auto building electrical meters was noted. City Manager stated he
had not had time to fully investigate the matter and recommended, with
Council consent, that discussion of the letter be continued to the
February 27 Council meeting.
B. The following items were noted as to Jack Werner's request
to relocate the Yukon Liquor Store to Lots 1-3, Block 14, Original
Townsite:
Werner's letter of February 10, 1978,
requesting Council approval of said
relocation from 4th and Washington to
3rd and Jefferson
Portion of the Planning and Zoning Com-
mission meeting minutes of February 13,
1978, noting that Werner met all zoning
requirements for relocation
1 ~ ; 1 I
ABCB:
(cont'd)
PAGE 160
REGULAR MEETING - FEBRUARY 21, 1978
VOLUME 18
XI.
(cont'd)
NEW BUSINESS:
February 20, 1978, letter from Virginia M.
and John Dec, opposing a liquor establishment
at the corner of 3rd and Jefferson
January 25, 1977, letter from Virginia Dec,
opposing an additional liquor license in the
City of Seward
February 10, 1977, letter from Seward Methodist
Church, objecting to additional liquor licenses
in the City of Seward
Various petitions received in February of 1977,
bearing approximately 68 signatures, objecting
to a liquor extablishment at the southwest
corner of 3rd and Jefferson
In answer to a question from Gillespie, City Manager stated he was not aware
of any Code provision which prohibited the relocation of a liquor store in
an area zoned for commercial businesses if such a relocation met all State
requirements. Mott stated he interpreted the letters and petitions in op-
position to the liquor license as submitted in early 1977 to be mainly in
opposition to an additional liquor license, not the 'relocation of an
existing establishment. Werner appeared from the audience and spoke in
support of and answered Council questions on his request. City Manager
stated that Werner's request had complied with the law in all respects
and, therefore, he had issued him a building permit for the 3rd and
Jefferson liquor store location. Following discussion, Hugli stated that
Council had no authority to take action on the relocation of the liquor
establishment due to the fact that Werner had met all City requirements
and the State was currently reviewing, as a formality, all aspects of the
relocation.
SP COM EVENTS: C. February 10, 1978, letter from the Seward Chamber of Commerce,
requesting the City Council appoint a committee for coordination of the
Diamond Jubilee activities scheduled for 1978, was noted. Mott, with Council
consent, stated he would contact Barbara Blowers to see if she would be
interested in serving on the committee. Following discussion, Hugli, with
Council consent, continued discussion of the item to the February 27 meeting.
ELECTRIC
DEPT:
PERSONNEL:
WATER DEPT:
XII.
CITY MANAGER REPORTS:
A. Draft of the City of Seward Electrical Utility Department Tariff
as prepared by CH2M Hill was noted. City Manager stated that a work session
should be scheduled in order that Council could meet with CH2M Hill to
review the document. Hugli, with Council consent, postponed the scheduling
of the work session to the February 27 meeting.
B. City Manager gave a verbal report on the practice of allowing
City personnel to use the City shop and read in full the previous adminis-
tration's letter dated July 6, 1972, allowing said use. He also called to
Council's attention an interdepartmental memo dated December 17, 1976, from
the City Engineer to the Public Works Foreman, stating that the Council had
discussed the employees' use of the shop at an executive session but it did
not make mention of any direction for discontinuance of the practice. Hugli
and Vincent voiced objection to the policy. Mott stated he considered use
of the shop by City employees a fringe benefit and that such use should be
allowed to continue on a controlled basis. Gillespie stated he felt the
current complaint had arisen due to the fact that work being done at the
City shop was in direct competition with local private enterprise. Follow-
ing discussion, Hugli, with Council consent, stated a decision on the
matter would be postponed until the February 27 meeting.
C. "Periodic Estimate for Partial Payment" for Seward water
improvements as submitted by Western States Associates' in the amount of
$18,823.65 was distributed. Upon recommendation of the City Manager, it
was moved by Mott, seconded by Vincent and unanimously carried by all those
present to approve payment of $18,823.65 to Western States Associates as
final payment for work on the Seward water system.
WATERFRONT
TRACTS:
I
STREETS,
RDS, HWYS:
ARR:
SBH/
PKS & REC:
I
II
I
.~ ,
PAGE 161
REGULAR MEETING - FEBRUARY 21, 1978
VOLUME 18
XII.
(cont'd)
CITY MANAGER REPORTS:
D. City Manager commented on the Lease and Dock License Agreement
presently being negotiated between the City of Seward and the State of Alaska,
Division of Marine Highway Systems, for preferential berthing and terminal
rental for the M/V TUSTUMENA. He stated that the Council had previously
agreed on a total annual fee of $21,000 but that the Director of the Marine
Highway System had made a counter-proposal of $19,700 per year and recommended
that Council approve that figure. Following discussion, it was moved by
Mott, seconded by Gillespie and unanimously carried by all those present
to approve revision of the Lease and Dock License Agreement between the
City and the State for the M/V TUSTUMENA from $21,000 per year to $19,700
per year.
E. City Manager stated he had received a request from a private
citizen for permission to paint a "No Parking" zone in front of his business
in order to insure that he had access to that space. City Manager stated
he had been informed that the previous administration had allowed such
a privilege but, in researching the Code, he found only public carriers
such as buses and taxicabs were granted such a privilege. Following
discussion, Vincent, with Council consent, stated that the request should
be denied.
F. City Manager stated that the City had four power line crossing
permits as negotiated with the Alaska Railroad, specifically for Mileposts
6.23, 18.1, 23.63 and 25.22, which had expired and asked for approval to renew
them for a 20 year period. It was moved by Mott, seconded by Vincent and
unanimously carried by all those present to approve execution of the Permit
and Construction Agreements with the Alaska Railroad for the power line
crossings at the said Mileposts.
G. City Manager stated that the previous week he had met with
Air Force and Army represenatives regarding the Seward Recreation Camp
and Small Boat Harbor slips. He stated he had received a verbal commitment
from both to pay the 1975 outstanding debts to the City. He further stated
he had discussed with the representatives the State harbor policy allowing
only one boat slip per customer and that the 24 slips presently being held
by the Army could not be expected to be continued in the future. He said
the Army stated they would abandon the recreation camp if the 24 slips were
not allowed this year. City Manager recommended that Council allow the
continuance of the slips for the coming year, payment to be made in advance.
He further stated he learned that the Army planned to employ only three
civilian employees at the recreation camp during the summer of 1978. In
conclusion, he stated he discussed with the Air Force their substandard
sewers which were located within 200 feet of the City's new wells and that
the City Attorney had been corresponding with the Air Force regarding
correction of the problem. Following discussion, it was moved by Mott,
seconded by Gillespie and unanimously carried by all those present to
approve the City Manager's recommendation to allow the Army to continue
renting 24 boat slips for the coming year.
H. City Manager reported on the City's receipt of Coastal Energy
Impact Funds in the amount of $195,000 for engineering redesign for the
electrical system; $75,000 for a Fourth of July Creek area industrial park
feasibility study; $150,000 which appeared would be forthcoming for water
system engineering; and, $100,000 for the Seventh Avenue greenbelt area
engineering.
I. City Manager, with Council consent, requested permission to
go to Juneau the following week in order to meet with University of Alaska
representatives regarding port expansion in the Seward area, as well as
other items of concern to the City.
J. City Manager stated that the City-sponsored basketball team
which traveled to Anchorage and participated in the Fur Rendezvous had won
first place in its division and the trophy the team won would be presented
at the February 27 Council meeting.
1 "1
~ \ ' ,-
PAGE 162
REGULAR MEETING - FEBRUARY 21, 1978
VOLUME 18
XIII.
COUNCIL DISCUSSION:
A. In answer to a question from Vincent, City Manager stated
the notice received by Council regarding a proposed dock at Humpy Cove
had been listed for the purpose of the commercial cultivation of oysters.
B. In answer to a question from Vincent, City Manager stated he
had not yet received an answer from Chugach electricians regarding the run-
away electrical current north of town.
C. Vincent stated that smoke detectors appeared to be of tremendous
success and questioned if there was a way the City could receive a reduced
fire insurance rate if it could prove that a certain percentage of houses
within the City had installed smoke detectors. City Manager stated he would
investigate the matter.
D. In answer to a question from Gillespie, City Manager stated
that the educational television station was expected to be operational
within the next few weeks.
E. Mott requested that the possibility of a City Councilmember
serving on the Harbor and Planning and Zoning Commissions be scheduled for
discussion at the February 27 Council meeting.
F. Mott requested that if any funds were available after completion
of the paving project the City consider installing a sidewalk from the
elementary school to Clearview.
G. Mott stated better snow removal should be carried out than
was done after the most recent snow storm.
XIV.
CITIZENS' DISCUSSION:
POLICE DEPT: A. Dorothy Noyes appeared from the audience and stated that at
the October 10, 1977, Council meeting she had been requested to return
before March and give a status report on the pending litigation involving
her property on the East side of Resurrection Bay which prevented her from
proceeding with building plans and thus required her and her husband to live
in a trailer. In answer to a question, City Manager stated Noyes had never
come in to his office in October of the past year to pick up the six month
trailer permit as granted by the Council and that the permit would expire
April 10. In conclusion, he recommended, with Council consent, that another
six month permit for the trailer be granted, beginning March 1, 1978.
B. Alice Ainsworth appeared and asked if Council minutes could
be mailed to the public and spoke against charging for such a service. City
Clerk explained the department's procedure of posting the agendas and minutes
and making them available for review during regular business hours. She
further stated that a mailing service could be offered if Council so direcEed
but they might want to consider the cost factors involved and charge those
people requesting the special service for those charges. In conclusion, City
Clerk stated she had directed a memo to the City Manager suggesting rates
for the mailing of agendas and minutes and the memo would be presented for
Council consideration at its February 27 meeting.
REFUSE SERVICE/ C. Herman Leirer asked what his next course of action would be
ORDS: since Ordinance No. 454, adjusting garbage rates, was defeated earlier that
evening. Following discussion, it was moved by Gillespie, seconded by Mott
and unanimously carried by all those present to reconsider Ordinance No. 454
at the February 27 Council meeting, pending the legality of the motion.
XV.
ADJOURNMENT:
adjourned at 9:15 p.m.
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PKS & REC:
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WATER:
PAGE 163
REGULAR MEETING - FEBRUARY 27, 1978
VOLUME 18
I. CALL TO ORDER:
The regular meeting of the Seward City Council of February 27, 1978,
was called to order by Mayor Hugli at 7:30 p.m.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Leer, Mott, Potts and Vincent
Present also: City Manager Johnson, City Attorney Jarrell,
Administrative Assistant Schaefermeyer and City
Clerk-Treasurer Shanley
PRESENTATION: Ray Norris appeared from the audience and presented to Mayor
Hugli the "B" League basketball trophy which the Seward team,
sponsored by the Council and local businesses, won in the
Fur Rendezvous Tournament in Anchorage. Applause followed.
IV.
APPROVAL OF MINUTES:
It was moved by Mott, seconded by Leer and unanimously carried
to approve the minutes of February 21, 1978, as written.
EXECUTIVE SESSION: Upon the request of Hugli, it was moved by Mott, seconded
by Potts and unanimously carried to meet in an executive
session regarding personnel. Councilmembers, City Manager,
City Attorney and Police Chief Bencardino attended the
executive session in the City Manager's office from
7:35 p.m. to 7:55 p.m.
v.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following items be added to the
regular meeting agenda:
VIII. Citizens' Discussion:
A. Harbor Commission presentation
XI. New Business:
D. Scheduling of work session on draft strategy
study as prepared by Simpson, Usher and Jones
City Manager also requested that XI. Ordinances and Resolutions: A. 2.,
Proposed Ordinance No. 456 regarding the transportation of narcotics, be
deleted from the agenda. Further, he stated that a movie on offshore
development would be shown immediately following adjournment. It was moved
by Vincent, seconded by Mott and unanimously carried to approve the regular
meeting agenda as amended and the consent calendar as presented and the
following actions were taken:
1. February 15, 1978, bill for services rendered by CH2M
Hill in the amount of $ 902.85 was approved for payment
and filed.
2. February 17, 1978, letter from Marathon Oil Company and
attached "Notice of Support Activity" was presented for
information and filed.
3. February 14, 1978, "Notice of Water Rights Application"
filed by Seward Marine Services for taking of water from
the stream on the east side of Lowell Point road for use
in seafood processing was filed without comment.
PAGE 164 REGULAR MEETING - FEBRUARY 17, 1978
VOLUME 18
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
LEG REPS:
4. February 10, 1978, letter from the Senate Committee
on Community and Regional Affairs, and attached
Senate Bill 369 regarding senior citizens' property
tax exemptions, was filed without comment.
ABCB:
5. February 14, 1978, letter from the Alcoholic
Beverage Control Board noticing of beverage dispensary
liquor license renewal application of the Flamingo
Lounge was filed without comment.
ABCB:
6. February 14, 1978, letter from the Alcoholic Beverage
Control Board noticing of beverage dispensary and
retail liquor license renewal application of the
Pioneer Bar and Liquor Store was filed without comment.
ABCB:
7. February 14, 1978, letter from the Alcoholic Beverage
Control Board noticing of beverage dispensary liquor
license renewal application of Thorns Showcase Lounge
was filed without comment.
ABCB:
8. February 14, 1978, letter from the Alcoholic Beverage
Control Board noticing of beverage dispensary and
retail liquor license renewal application of Tony's
Bar and Liquor Store was filed without comment.
ABCB:
9. February 14, 1978, letter from the Alcoholic Beverage
Control Board noticing of restaurant liquor license
renewal application of the Mini Mall was filed without
comment.
ABCB:
10. February 14, 1978, letter from the Alcoholic Beverage
Control Board noticing of club liquor license renewal
application of the American Legion Club #5 was filed
without comment.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave Kenai Peninsula Borough Assembly
report for February 21, 1978.
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
HARBOR:
A. James Pruitt, spokesman for the Harbor Commission, appeared
and stated that the Harbor Commission had recently been discussing the need
to publicize the facilities available in Seward for oil companies and bottom
fisheries. He stated the Harbor Commission was recommending that the Council
appoint a special committee to contact various companies who might be interested
in the facilities available locally. Richard Neve' of the Institute of Marine
Science appeared and supported Pruitesremarks and further commented on the
need for docking and marine way facilities to accommodate the large bottom
fishing vessels. Following discussion, Hugli, with Council consent, scheduled
a joint City Council, Harbor Commission and Planning and Zoning Commission
meeting to immediately precede the regularly scheduled Planning and Zoning
Commission meeting scheduled for March 8, 1978, to commence at 7:00 p.m.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies being made available for the public, City Clerk-
Treasurer read by title only proposed ordinance regarding City purchases,
entitled:
An Ordinance Relating to purchases,
Repealing and Re-enacting Section
2-54(f) of the Seward City Code
I
FIRE DEPT /
ORDS:
I REFUSE/
ORDS:
BH/
ES:
I
PAGE 165
REGULAR MEETING - FEBRUARY 27, 1978
VOLUME 18
l
IX.
(cont'd)
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
(cont'd)
City Manager explained that if adopte~ the ordinance would increase from
$150 to $1000 the amount on a purchase order which could be authorized by
the City Manager's assignee. Following discussion, it was moved by Mott,
seconded by Campbell but did not carry as follows to introduce proposed
Ordinance No. 455 and schedule a public hearing for March 27, 1978:
Ayes:
Noes:
Absent:
Gillespie and Vincent
Campbell, Hugli, Leer, Mott and Potts
None
2. Proposed Ordinance No. 456 regarding the transportation
of narcotics was continued to a later date.
B. Ordinances for Public Hearing and Enactment:
1. Copies being made available for the public, Hugli read by
title only proposed Ordinance No. 446 regarding adoption of the 1976 Fire
Prevention Code, entitled:
An Ordinance Relating to Fire Prevention,
Repealing and Re-enacting Section 11-1
of the Seward City Code
In answer to a question from Mott, Fire Chief Watsjold confirmed that the
storing of two 6-gallon fuel tanks in a garage would be illegal if the
ordinance were enacted. It was moved by Gillespie, seconded by Potts and
carried as follows to enact Ordinance No. 446:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer, Potts and Vincent
Mott
None
2. Copies being made available for the public, Hugli read by
title only proposed Ordinance No. 454 regarding garbage and refuse rates,
entitled:
An Ordinance Regarding Garbage and Refuse,
Seward City Code Section 12-19
Gillespie spoke against the ordinance, stating that he felt there had not
been presented adequate justification for such a rate increase by contractor
Leirer. Herman Leirer appeared and spoke in support of and answered questions
on the refuse rates increases. Following discussion, it was moved by Mott,
seconded by Campbell and carried as follows to enact Ordinance No. 454:
Ayes:
Noes:
Absent:
Campbell, Hugli, Leer, Mott, Potts and Vincent
Gillespie
None
C. Resolutions:
1. Copies being made available for the public, Hugli read by
title only proposed Resolution No. 78-7 setting the fees for the berthing
of planes in the Small Boat Harbor, entitled:
A Resolution Regarding the Small Boat
Harbor, Setting the Fees for the Berthing
of Float Planes
In answer to a question from Gillespie, City Manager stated that the resolution
had been approved by the Harbor Commission and the setting of such fees was
pursuant to recently enacted Ordinance No. 452. Following discussion, it was
moved by Mott, seconded by Potts and unanimously carried to adopt Resolution
No. 78-7.
" {"" n
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PAGE 166
REGULAR MEETING - FEBRUARY 27, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
ELECTRIC
RES:
DEPT/ 2. Copies being made available for the public, Hugli read by
title only proposed Resolution No. 78-8 regarding the use of the State
Permanent Fund for hydroelectric resource development, entitled:
A Resolution Supporting Use of the
Permanent Fund to Assist in Develop-
ment of the Hydroelectric Resources in
the State of Alaska
Vincent voiced concern over introducing resolutions for the use of the
Permanent Fund when the Fund was not yet solidly established. Following
discussion, it was moved by Campbell, seconded by Mott and unanimously
carried to adopt Resolution No. 78-8.
X.
UNFINISHED BUSINESS:
A. February 8, 1978, letter from Christine Werner regarding
utility billings at Western Auto was noted. City Manager also distributed
February 22, 1978, letter from Margaret Anderson, Seward Marine Services,
Inc. requesting the same combination of electrical meter readings as stated
in Werner's letter. City Manager stated that during his tenure with the
City this was the first time such requests had surfaced and recommended,
with Council consent, that the subject be postponed for 30 days in order
to allow him time to fully investigate the requests.
SP COM EVENTS: B. February 10, 1978, letter from the Seward Chamber of Commerce
regarding the Diamond Jubilee Activities was-noted. Mott stated he had
talked to several people regarding the activities and recommended that
Herman Leirer, Donna Kowalski and a third individual be appointed as a
steering committee for coordinating those ~ctivities. Following discussion,
it was moved by Mott, seconded by Vincent and unanimously carried that
Herman Leirer and Donna Kowalski be appointed to the steering committee
for the Diamond Jubilee in 1978.
PERSONNEL:
C. City Manager distributed "City Policy - Use of City Shop"
and asked Council's opinion on allowing City employees the use of the
City shop with certain controls as stated in the administrative policy
statement. Shop Foreman Ainsworth appeared from the audience and spoke
in support of and answered questions on the past practice stating that he
helped employees with their vehicles but was not in competition with local
businesses because he volunteered his time. Following discussion, it was
moved by Campbell, seconded by Mott and unanimously carried to approve the
City Manager's written policy regarding employee use of the City shop
with the addition of the following sentence: "No one is allowed in the
Shop except City employees."
D. A work session to discuss the draft of the City of Seward
Electrical Utility Department Tariffs as prepared by CH2M Hill was
continued to a later date.
XI.
NEW BUSINESS:
OCEANVIEW SUB: A. Administrative Assistant Schaefermeyer's memo of February 15,
1978, regarding the award of bids on the R-2l project lands - Lots 9, 10, 11,
12 and 13, Block 2, Oceanview Subdivision - and attached bid documents as
submitted by James Whitethorn and Dean Williams were noted. Following
discussion, it was moved by Mott, seconded by Potts and unanimously carried
to accept the bid of Dean Williams on Lots 12 and 13, Block 2, Oceanview
Subdivision, at $ 7,000 per lot, and the bid of James Whitethorn on Lots
9, 10 and 11, Block 2, Oceanview Subdivision, at $ 6,100 per lot.
BUDGET:
B. "City of Seward Budget Report" for seven month period ending
January 31, 1978, was noted and City Manager spoke and answered questions
on the document, stating that it appeared the City would finish out fiscal
year 1977-78 with a surplus.
MARINA SUB:
I
LEG REPS:
LEG REPS:
LEG REPS:
I
I
PAGE 167
REGULAR MEETING - FEBRUARY 27, 1978
VOLUME 18
XI.
(cont'd)
NEW BUSINESS:
C. A portion of the City Council meeting minutes of February
28, 1977, was noted, at which time Council required Marilyn Plymire, as a
condition to approving her requested lease assignment on Lots 5 and 6, Block
1, Marina Subdivision, to submit a development plan for the property for
Council approval within one year. It was noted that the one year period
had expired. Plymire appeared and asked if Council wanted a verbal or
architectural plan and stated she planned to add an additional 1200 square
feet to the existing structure. City Manager stated it was his opinion
that Plymire needed to submit a development plan which met City requirements
for obtaining a building permit. Following discussion, City Manager stated
he would work with Plymire on the requirements.
D. 'City Manager requested that a work session be scheduled in
order to discuss the draft strategy impact study as prepared under the
Title IX program by Simpson, Usher and Jones. He distributed four drafts
of the report and asked that the Council circulate the copies in order that
a work session could be scheduled when all had reviewed the document.
XII.
CITY MANAGER REPORTS:
A. Administrative Assistant gave a report on Senate Bill 241
regarding selection and tr~~sfer of State land to municipalities and letter
dated January 9, 1978, from Moening-Grey and Associates, Inc. with attached
Senate Bill 241 was noted.
B. Administrative Assistant gave a report on Senate Bill 501
relating to municipal labor relations and February 15, 1978, letter from
Joe Orsini, Chairman of Community and Regional Affairs Committee, with
attached Senate Bill 501, was noted.
C. Administrative Assistant gave report on Senate Bill 486 regarding
payment of attorney's fees for indigents and February 15, 1978, letter from
Jim Rolle, Executive Director of the Alaska Municipal League, was noted.
City Attorney Jarrell spoke in opposition to the proposed legislation.
Following discussion, City Manager, with Council consent, stated he would
direct a letter to Rolle expressing the Council's opposition to the bill.
D. City Manager requested that he be given permission to draft
bid documents to contract out the impounding of vehicles, the City to provide
the storage space on a charge per car basis. Following discussion, it was
moved by Mott, seconded by Vincent and unanimously carried that the City
Manager put together a bid packet for the impounding of cars.
E. City Manager reported on the continued electrical current
problem north of the City and stated that the problem had been isolated
to the Chugach substation and he was in contact with Chugach electricians
regarding the problem.
RECESS:
The meeting was recessed at 9:33 p.m.; reconvened at 9:40 p.m.
the near
salaries
F. City Manager stated that the Council should be prepared in
future to discuss the City Manager and City Clerk-Treasurer's
for the coming fiscal year.
G. City Manager stated that because the City was insuring the
hospital, the City's entire insurance package was on an assigned risk basis
and asked Council to consider in the future the alternative of issuing a
Quitclaim Deed for the hospital to the Hospital Board. Campbell, Hospital
Administrator, spoke against such action at the present time. City Manager
further stated that the City had, in error, been paying insurance for the
Seward Clinic, a private business enterprise, and he was demanding a refund
for past payments.
'.,n
, \.)
COUNCIL:
PAGE 168
REGULAR MEETING - FEBRUARY 27, 1978
VOLUME 18
XIII.
COUNCIL DISCUSSION:
A. Councilmember Mott made a proposal to appoint a Councilmember
to each City commission and asked whether the Council would support such a
proposal. City Manager stated that according to the Code, the Mayor was an
ex-officio member of the commission and it would be easy to amend the Code
to allow the Mayor to assign that status to a Councilmember. Karen Swartz,
Harbor Commissioner, appeared from the audience and spoke against having a
Councilmember as a voting member of the Commission but in support of more
communication between the commissions and the Council. Following discussion,
Hugli, with Council consent, directed the City Manager to ask the Harbor
and Planning and Zoning Commissioners at their next meeting whether they would
be in favor of a Councilmember being appointed to the commissions on an
ex-officio basis.
B. October 13, 1977, and February 22, 1978, letters from City
Clerk-Treasurer Shanley regarding agenda and minutes mailing lists were
noted. City Clerk-Treasurer spoke on the two memos and, following discussion,
Hugli, with Council consent, directed her to draft a resolution for
presentation at the next Council meeting, setting forth the yearly rates
for citizens wishing to have agendas and minutes mailed to them.
C. Vincent voiced objection to the Harbor Commission's approval
of a $10 non-refundable fee for individuals wishing to be placed on the
waiting list for moorage in the Small Boat Harbor. City Manager stated
a resolution would be prepared for Council action.
D. In answer to a question from Campbell, City Manager gave a
brief report on grants which would be applied for in 1978-79 for impact
funds.
E. Leer stated that the telephone company had not adequately
filled up their holes they dug while laying lines the previous year and
specifically cited the alley between Jefferson and Madison and Third and
Fourth. City Manager stated he would investigate the matter.
XIV. CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
xv.
ADJOURNMENT:
The'i,~~~ting was adjourned at 10:15 p.m.
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ne E. 'Shanley
Ci 'Clerk-Treasurer
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Mayor
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------------------------------------------------------------------------
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PAGE 169
SPECIAL JOINT MEETING - MARCH 8, 1978
VOLUME 18
I.
CALL TO ORDER:
The special joint meeting of the Seward City Council, Harbor
Commission, and Advisory Planning and Zoning Commission was called to order
by Council Mayor Hugli at 7:04 p.m.
II.
OPENING CEREMONY:
Councilmember Mott led the pledge of allegiance to the flag.
I
III.
ROLL CALL:
Present were: City Council - Mayor Hugli; Councilmembers Campbell,
Gillespie, Leer, Mott, Potts and Vincent*
Harbor Commission - Chairman Clasby; Commissioners
Anderson*, McCarty, Oldow, Pruitt and Swartz*
Planning and Zoning Commission - Chairman Leirer;
Commissioners Jelsma, McCauley, O'Brien, Olson,
Tillotson, Thorne and Williams
Present also: City Manager Johnson, City Clerk-Treasurer Shanley
and Administrative Assistant Schaefermeyer
IV.
SPECIAL ITEMS:
I
A. Harbor Commission Chairman Clasby appeared and stated that
the Harbor Commission felt Seward was again becoming an economically depressed
area and action was needed on the part of its citizens to promote industry,
tourism and other growth factors which would provide jobs for the local
population. He stated the Harbor Commission envisioned the formation of an
ad hoc public relations committee, operating under the auspices of the City
Council, the committee to consist of one member from the Council, Harbor
Commission, Planning and Zoning Commission and four citizens at large. He
stated the committee's function would be to stress the positive factors the
City has to offer incoming businesses and find solutions to the currently
negative aspects inhibiting growth. Potts stated that although he agreed
with Clasby that the Commission should be supported by the City government,
he felt the Chamber of Commerce should also be directly involved in the
formation and operation of such a committee.
City Manager stated that the administration was working on a
compilation of a total long term development plan for the City and spoke
at length on the various aspects of the proposed plan, including:
--expansion of the municipal water supply system
--installation of a sewage treatment plant pursuant
to EPA regulations
--investigation of reconstruction and expansion of
the current electrical system plus the possibility
of a low head hydro-electric plant on the Lowell
Creek Diversion Tunnel waterfall
COUNCILMEMBER VINCENT ARRIVED AT 7:13 P.M. AND THERAFTER TOOK PART IN THE
MEETING
I
--the possibility of ASHA funding the construction
of 24-50 subsidized senior citizen housing units
--paving of the City streets to be accomplished within
the next year and the need for the City to support
improvement of Nash road and Lowell Point road
--resolution of the Mile 18 road problems and improved
highway system to Anchorage
--the need for an additional fire station
--the need for design and construction of a sewage
collection system in the harbor
--the need to expand the sewer system at the airport;
the need for instrumentation and longer runways
--land development of the 4th of July Creek area
--development of the Jesse Lee Home area
--resubdivision and sale of the useable land in the
Terminal Addition
1 ',':1
PAGE 170
SPECIAL JOINT MEETING - MARCH 8, 1978
VOLUME 18
IV.
SPECIAL ITEMS:
(cont'd)
HARBOR COMMISSIONER SWARTZ
IN THE MEETING
ARRIVED AT 7:18 P.M. AND THEREAFTER TOOK PART
--the need for a transportation/utility corridor
through Resurrection Valley
--improved parking at the Small Boat Harbor
--7th Avenue greenbelt area development
--development of the Harding Ice Field tourist potential
HARBOR COMMISSIONER ANDERSON ARRIVED AT 7:25 P.M. AND THEREAFTER TOOK PART
IN THE MEETING
City Manager stated that Resurrection Bay was Seward's biggest
asset and spoke on the various development alternatives for the Bay. He
stated that the easiest development to finance would be a commercial port
facility and suggested a 70-100 acre medium draft harbor on the Northeast
side of the Bay, to include dock-side repair facilities which are not
available anywhere in the State. He stated the administration had in-
vestigated the repair and expansion of the 4th Avenue Dock but stated that
the economies were not present for return of the City's investment on such
development. He stated another development alternative would be to expand
the present Small Boat Harbor to the South.
Dr. Richard Neve' of the University of Alaska, Institute of
Marine Science, appeared from the audience and introduced Dr. Robert Elsner
of the University at Fairbanks. Neve' stated the City must begin immediately
to develop its port facilities and stated that the Corps of Engineers had
verified the possibility of the closure of the Port of Anchorage within the
next 20 years. He further stated the Institute in Seward was being con-
sidered for the operating agent for the $12 to $15 million polar research
vessel currently being constructed. He also stated the Governor would be
in Seward on March 23 to investigate the shoreline erosion problem the
Institute was having at its location in the Waterfront Tracts and it appeared
funds would be forthcoming for the correction of the problem and possibly
for some dock repairs.
Councilmember Mott spoke on the need for Seward to get its
zoning in order. He further spoke in support of the City taking over
operation of the airport and then moving the airport to another location
so the currently occupied property could be used for shores ide warehousing.
Roy Mattson appeared from the audience and stated he felt the City should
not agree to take over the airport operation due to the insurance problems
involved.
Mayor Hugli asked-for comments on the make-up of the committee
and Gillespie suggested the City Manager be made an ex officio member of the
committee. Pruitt suggested the longshoring industry be represented and
Larry Urbach asked that a member of the Chamber of Commerce be appointed.
Neve' asked that a University of Alaska representative also be appointed
to the committee. In answer to a question from Hugli regarding the function
of the committee, Larry Urbach suggested that the committee, consisting of
approximately 13 people, first be formed and then it set priorities for
Council approval. Hugli asked how the committee would be financed and it
was suggested that the City and Chamber of Commerce both be involved in
the financing. City Manager suggested that the committee be directed to
develop a budget once it was formed, for Council approval. Larry Urbach
asked that the City provide for the secretarial services needed for taking
of the minutes of the committee meetings.
RECESS: The meeting was recessed at 8:30 p.m.; reconvened at 8:40 p.m.
City Manager asked for direction regarding the development of port facilities,
stating that if there was local support and Council direction, he had until
March 25 to apply for a CEIP feasibility study grant.
Roy Mattson and Linne' Bardarson appeared and spoke in support
of the City acting on developing the potentials of Resurrection Bay. Jack
Werner spoke in support of the City first expanding the boat harbor and then
constructing port facilities. Harbor Commissioner Pruitt stated the City's
priorities should be based on economics and he felt development of a port
facility and commercial boat harbor had more potential than expanding of the
I
I
I
PAGE 171
SPECIAL JOINT MEETING - MARCH 8, 1978
VOLUME 18
IV.
SPECIAL ITEMS:
(cont'd)
boat harbor for pleasure craft. Planning and Zoning Commission Chairman
Leirer spoke on the diminishing returns of getting too many pleasure fisher-
men in the area with the limited size of Resurrection Bay and spoke in
support of the almost year round activity that would be generated with a
facility which could service commercial fishing vessels. Bernard Hulm and
Linne' Bardarson spoke in support of the longshore and shipping industry,
stating that there had been unfavorable rumors started in the past which
needed to be dispelled. Jack Werner spoke on the need for the citizens not
to lose perspective and to develop a firm plan and follow through.
In answer to a question from Hugli, City Manager stated he
had adequate direction to proceed with a port facility grant application.
Following discussion, Hugli directed each Commission to
appoint a member to the ad hoc committee and asked the Clerk to advertise
for interested citizens to serve also. He stated Council would hold a
special meeting the afternoon of March 27 in order to confirm appointments
to the committee.
V.
ADJOURNMENT:
The meeting was adjourned at 9:22 p.m.
------------------------------------------------------------------------------
PAGE 171
REGULAR MEETING - MARCH 13, 1978
VOLUME 18
I.
CALL TO ORDER:
The March 13, 1978, regular meeting of the Seward City Council was
called to order by Mayor Hugli at 7:32 p.m.
II.
OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Gillespie, Leer, Mott,
and Potts (Absent, with Council consent, were
Councilmembers Campbell and Vincent)
Present also: Acting City Manager Schaefermeyer, City Attorney
Jarrell and City Clerk-Treasurer Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Mott, seconded
all those present to approve the minutes
as written.
by Potts and unanimously carried by
of February 27 and March 8, 1978,
\" ";
I I
SMALL BOAT
HARBOR:
PAGE 172
REGULAR MEETING - MARCH 13, 1978
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Acting City Manager requested that the following items be added to
the regular meeting agenda:
VIII. Citizens' Discussion:
A. Ron Lewis
IX. Ordinances and Resolutions: C. Resolutions:
5. Proposed Resolution regarding the sale and
purchase of a boat lift
Acting City Manager requested that the following items be deleted from the
regular meeting agenda, to be postponed to a later date:
IX. Ordinances and Resolutions: A. Ordinances for Introduction:
1. Proposed Ordinance No. 455 regarding transportation
of narcotics
XI. New Business:
C. Donald Coisman's default on R-2l development project
on Lots 1, 2, 3 and 4, Block 4, Oceanview Subdivision
Potts requested that item 8. under the consent calendar be placed as item
C. under XIII. Council Discussion.
It was moved by Mott, seconded by Leer and unanimously carried by
all those present to approve the regular meeting agenda and the consent
calendar as amended and the following actions were taken:
1. February 9, 1978, letter from Alan L. Boston in
opposition to Small Boat Harbor moorage fees and
Harbor Master Singleton's letter of response
dated February 17, 1978, was noted for information
and filed.
2. March 1, 1978, letter from the Division of Policy
Development and Planning regarding Southcentral
Health Planning and Development grant application
was noted.
ALCOHOLIC BEVERAGE
CONTROL BOARD:
ABC B:
ABC B:
WATER DEPT:
ABC B:
3. February 17, 1978, letter from the Alcoholic Beverage
Control Board, noticing of beverage dispensary liquor
license renewal application of the Palace Bar and Cafe,
was filed without comment.
4. February 23, 1978, letter from the Alcoholic Beverage
Control Board, noticing of beverage dispensary liquor
license renewal application of Harbor Dinner Club,
was filed without comment.
5. February 23, 1978, letter from the Alcoholic Beverage
Control Board, noticing of beverage dispensary and
retail liquor license renewal application of Solly's
Lounge and Liquor Store, was filed without comment.
6. Invoice dated February 2, 1978, from Western States
Associates for purchase, and installation of chlorinator
in the amount of $ 5,865 was approved for payment and
filed.
7. Letter dated March 1, 1978, from Alaska Municipal League
regarding Alaska Code Revisions Commission, was noted
for information and filed.
I
ORIGINAL
TOWNSITE:
I
I
r--, ,-
PAGE 173 REGULAR MEETING - MARCH 13, 1978
VOLUME 18
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
Upon the request of Acting City Manager, it was moved by Gillespie, seconded
by Mott and unanimously carried by all those present to adjourn immediately
to executive session regarding pending litigation. Councilmembers, City
Attorney and Acting City Manager left the Council chambers at 7:37 p.m.;
re-entered at 8:03 p.m.
VI.
BOROUGH ASSEMBLY REPORT: None
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
A. The following items were noted regarding the construction under-
way on Lots 26-30, Block 22, Original Townsite, by Chugach Development Corpora-
tion (CDC):
Petition dated February 18, 1978, bearing 13
signatures, objecting to the building of a
16 unit apartment complex on said lots
Petition dated February 18, 1978, bearing
same 13 signatures as above-cited petition,
objecting to the rezoning from CL to R-3
of said lots
March 10, 1978, letter from George T. and
Sheri L. Sawyer, III, opposing said con-
struction
Ron Lewis, 417 6th Street, appeared and spoke against the conditional use
permit and building permit the City had issued to CDC for the construction
of an apartment complex on the above-cited lots. Lewis stated that when
the contractor for the project had dug the footings, his basement had been
cracked. He further stated he had received a copy of the City zoning
ordinance from the City Manager and questioned the parking and noticing
requirements as set forth in the ordinance. Acting City Manager stated
the zoning ordinance as adopted by the City Council June 13, 1977, had not
yet been adopted by the Borough, the official planning authority for the
Kenai Peninsula. In answer to Lewis' questions regarding parking, Acting
City Manager confirmed that there were no parking regulations in the zoning
ordinance as adopted by the Council; however, City Attorney stated that there
were provisions in the ordinance which granted the City the power to establish
such requirements. Acting City Manager further explained the requirements
for the City's issuance of a conditional use permit, allowing more than a 4-
unit complex in a R-3 district. City Attorney stated the notification re-
quirements as set forth in the City zoning ordinance had been fulfilled as
far as the publishing of the Planning and Zoning Commission public hearing on
the subject twice in the local newspaper; however, he confirmed that the City
had recently discovered it had been remiss in not sending out individual public
hearing notices to people within a 300 foot radius of the proposed project.
Lewis further voiced objection to the construction of what appeared to be 16
small one-bedroom units. Acting City Manager, Gillespie and Building Inspector
Watsjold explained the square footage requirements for construction of such
a complex as established in the City ordinance and the Uniform Building Code.
Lewis Hasty and Wayne Heinbaugh appeared and also spoke against the City's
action in granting the conditional use permit and issuing the building permit.
Following discussion, City Attorney stated that due to the fact that the con-
ditional use permit had been issued some time ago and the developer had relied
upon the City to follow the proper legal procedures in granting the permit and
had thus proceeded with construction, and further that even if the surrounding
property owners had been notified in the proper manner and had publicly voiced
objection to the granting of the permit, the Advisory Planning and Zoning
Commission still had the authority to over-ride public sentiment and grant
the permit, he recommended Council uphold the issuance of the permit. He
stated if the local citizens felt sufficiently damaged by the development,
they had the right to request the Court issue a temporary restraining order
or injunction in order to stop work on the project. Potts stated that the
-" ,(
O. T.:
(cont'd)
OCEANVIEW
SUB/RES:
OCEANVIEW
SUB/RES:
C CLERK/
RES:
S B H:
PAGE 174
REGULAR MEETING - MARCH 13, 1978
VOLUME 18
VIII.
CITIZENS' DISCUSSION: (cont' d)
public hearing before the Planning and Zoning Commission had been advertised
in the local newspaper on two occasions, some citizens had noticed the advertise-
ment, attended the meeting and spoke in support of the proposed development.
In answer to a question from Lewis, Hugli, Mott and Potts stated that although
it was extremely unfortunate that the proper noticing requirements had not been
fulfilled, they followed the legal advise of counsel in supporting the issuance
of the conditional use permit and building permit to CDC.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Proposed Ordinance No. 455 regarding the transportation of
narcotics was postponed to a later date.
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
1. Copies being made available for the public, Hugli noted by
number only confirming Resolution No. 78-9 accepting the bids of James
Whitethorn on Lots 9, 10 and 11, Block 2, Oceanview Subdivision, entitled:
A Resolution Accepting the Bid of James
Whitethorn for the Purchase of Certain
R-2l Urban Renewal Property
Hugli explained that Whitethorn's bids had been accepted by a motion of the
Council at its meeting of February 27; howeve4 a formal resolution was required.
It was moved by Potts, seconded by Gillespie and unanimously carried by all
those present to approve Resolution No. 78-9.
2. Copies being made available for the public, Hugli noted by
number only confirming Resolution No. 78-10 accepting the bids of Dean
Williams on Lots 12 and 13, Block 2, Oceanview Subdivision, entitled:
A Resolution Accepting the Bid of Dean
Williams for the Purchase of Certain
R-2l Urban Renewal Property
Hugli explained that Williams' bids had been accepted by a motion of the
Council at its meeting of February 27; however, a formal resolution was required.
It was moved by Gillespie, seconded by Leer and unanimously carried by all
those present to approve Resolution No. 78-10.
3. Copies being made available for the public, Hugli noted
by number only proposed Resolution No. 78-11 regarding Council and Commission
agendas and minutes mailing lists, entitled:
A Resolution Providing Agenda and Minutes
Mailing Service and Setting the Fees
It was moved by Mott, seconded by Potts and unanimously carried by all those
present to approve Resolution No. 78-11.
4. Copies being made available for the public, Hugli noted by
number only proposed resolution regarding fees for the Small Boat Harbor
moorage waiting list, entitled:
A Resolution Setting the Fee for Being Placed
on Seward Municipal Small Boat Harbor Waiting
List for Preferential Moorage
S B H:
(cont'd)
I S B H/
RES:
III
LOC ORGS:
WATERFRONT
TRACTS:
I
PAGE 175
REGULAR MEETING - MARCH 13, 1978
VOLUME 18. . ,
IX.
ORDINANCES AND RESOLUTIONS: (cont'd)
Acting City Manager stated that although the Harbor Commission, at its meeting
of February 22, 1978, recommended a one time $10 non-refundable fee, the admin-
istration was recommending an annual $10 non-refundable fee due to the cost of
yearly updating of the list. In answer to a question from Potts, Harbor Master
Singleton appeared from the audience and spoke on the time and expense involved
in updating the waiting lists for moorage in the harbor. Potts, Leer and
Gillespie voiced objection to such a fee and, following discussion, Hugli asked
that the Harbor Master compile information on the charges assessed by other
cities for the March 27 agenda and scheduled the resolution for further
review at that time.
5.
in full proposed
entitled:
Copies being made available for the public, City Clerk read
Resolution No. 78-12 regarding the purchase of a boat lift,
A Resolution Relating to the Sale and
Acquisition of a Boat Lift
Acting City Manager spoke on the negotiations the City had been conducting
with the State for purchase of the present boat lift at $32,500 for transfer
to Whittier; however, negotiations were going slowly and in the interim the
City had received a verbal offer from R-Lee Seafoods, Inc., Kenai, to purchase
the City lift at $32,953.50. He further stated that Council had previously
approved an expenditure of $32,500 for a new hoist and, if approved, the pro-
posed resolution would authorize the City to spend an additional $453.50 for
the hoist purchase. Mott stated the City should make sure that a firm committ-
ment in the form of a Contract of Sale and non-refundable deposit be received
from R-Lee Seafoods prior to ordering the new hoist; Acting City Manager
confirmed that this would be done. It was moved by Gillespie, seconded by
Potts and unanimously carried by all those present to approve Resolution No. 77-12.
X.
UNFINISHED BUSINESS:
A. February 23, 1978, letter from Pete Mineo, d/b/a Foc'sle, opposing
the proposed zoning for Block 12, Original Townsite, was noted. Hugli confirmed
the letter would be again brought forward for Council attention at the March 27
meeting, at which time a public hearing was scheduled on the zoning ordinance.
Acting City Manager also stated that the letter would be discussed at the
March 15 Planning and Zoning Commission work session on the zoning map.
XI.
NEW BUSINESS:
A. March 6, 1978, memorandum from Seward Senior Citizens' Project
Director Gesto and attached proposed program funding Grant Application for
fiscal year 1978-79 was noted. It was moved by Mott, seconded by Potts
and unanimously carried by all those present to approve the Senior Citizens'
budget for fiscal year 1978-79 as presented, contingent upon approval of the
final City budget for 1978-79.
B. Paula N. Shapro's letter of March 3, 1978, requesting to lease
the "old carpenter shop" located on Tract 2, Seward Waterfront Tracts, for
use as a retail antique shop, was noted. Shapro appeared from the audience
and spoke and answered questionson the proposed rental of the City structure,
stating she would like to have deducted from her monthly rent the price of
refurbishing the building to a certain extent. In answer to a question from
Potts, Shapro stated she would agree to a month-to-month lease if she was
given at least 30 days' notice of the need to vacate, the premises so she
could find another location. City Attorney spoke and answered questions
on the procedure which needed to be followed for the lease of City property,
pursuant to the City Code. Following discussion, it was moved by Potts,
seconded by Mott and unanimously carried to schedule a public hearing for
the Council meeting of March 27 in order to discuss Shapro's proposed lease.
Leer requested that a draft lease agreement be presented March 27 for
Council review.
C. Donald Coisman's default on the R-2l development project on
Lots 1, 2, 3 and 4, Block 4, Oceanview Subdivision, was postponed to a later
date due to the fact that Coisman was out of town.
PAGE 176
REGULAR MEETING - MARCH 13, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
o C S:
A. January 30, 1978, letter from Fairbanks North Star Borough (FNSB),
and attached resolution regarding North Slope Royalty Gas, was noted. Acting
City Manager stated that the FNSB Assembly was requesting the Seward City
Council adopt a similar resolution for transmittal to the Alaska Legislature.
Following discussion, Hugli, with Council consent, requested that a draft
resolution similar to the one submitted by the FNSB be prepared for Council
action and Acting City Manager confirmed that it would be done.
WATER DEPT: B. "Periodic Estimate for Partial Payment" submitted by Alaska
Mechanical, Inc. for the Seward water system constant pressure pump station,
in the amount of $29,003, was noted. It was moved by Mott, seconded by Leer
and unanimously carried by all those present to approve the payment to
Alaska Mechanical in the amount of $29,003.
WATER DEPT: C. Acting City Manager commented on the Invoice dated February 2,
1978, from Western States Associates for purchase and installation of a
chlorinator as listed as item 6. on the consent calendar. It was moved by
Potts, seconded by Mott and unanimously carried by all those present to approve
payment to Western States Associates in the amount of $5,865.
C Z M: D. Acting City Manager stated the administration was facing a
March 24 deadline for application to the State for Coastal Energy Impact
Program funds. He stated the administration was proposing to prepare an
application requesting planning funds for feasibility and preliminary design
of a new multi-use harbor with a 25-35 foot draft. He stated that the City
would request 100 percent monies; however, if the grant was approved and, at
a later date, Council did not want to proceed, they could refuse acceptance
of the funds. Hugli noted March 13, 1978, letter and attachments from Council-
member Vincent. In answer to a question from Potts, Acting City Manager
stated the only funds the City would expend in applying for the grant would
be the time of the City Manager, Administrative Assistant and donated time of
the City Engineer. Following discussion, it was moved by Gillespie, seconded
by Leer and unanimously carried by all those present to give the administration
authority to submit an application to the State for Coastal Energy Impact
Funds for a harbor study.
E. Acting City Manager stated the Council needed to appoint a
representative to the Borough Overall Economic Development Program committee.
Hugli asked that the appointment be scheduled for the March 27 meeting.
WATERFRONT
TRACTS:
F. Acting City Manager informed the Council and the public that
the City had received a letter from the State Department of Community and
Regional Affairs informing the City that it had been allocated $100,000 of
Coastal Energy Impact Funds for an engineering study of developing the 7th
Avenue waterfront into a greenbelt area.
XIII.
COUNCIL DISCUSSION:
HARBOR COMSN: A. March 7, 1978, memorandum from City Clerk-Treasurer listing and
attaching Harbor Commission vacancy applications from Lew E. Hanks, Donald
Oldow, Marilyn Plymire, James Pruitt and Mark Walker, was noted. Hugli stated
that there were five applications for the four vacancies on the Commission and,
after three secret ballots due to ties, Lew Hanks, Donald Oldow, James Pruitt
and Mark Walker were confirmed as the duly appointed members to the Harbor
Commission.
P & Z COMSN: B. March 9, 1978, memorandum from City Clerk-Treasurer listing and
attaching applications of the three individuals who had applied for the three
vacancies on the Seward Advisory Planning and Zoning Commission, was noted.
It was moved by Mott, seconded by Gillespie and unanimously carried by all
those present to appoint Pat O'Brien, Chester Thorne and Luella Wilfong to
the Seward Advisory Planning and Zoning Commission.
MARINA SUB: C. Upon the request of Potts, consent calendar item 8 was placed
on the regular meeting agenda for discussion. Letter dated March 6, 1978,
from JoAnne E. Shanley, City Clerk-Treasurer, to Dale Clemens regarding the
lease review of Lot 1, Block 1, Marina Subdivision, was noted. Potts questioned
the increase from 4 cents per square foot per year to 22 cents. Acting City
Manager stated that he had discussed the appraisal with Clemens earlier that
day and confirmed that all appraisals being ordered by the City in the Marina
area were in the same general price increase range. City Attorney stated that
although it appeared that the rental price was high, the lease provided that
the fee would remain the same for a period of five years.
~, '! q
I. , ,
PACE 177
REGULAR MEETING - MARCH 13, 1978
VOLUME 18
XII I.
COUNCIL DISCUSSION:
(cont'd)
AIR RESOURCES: D. Potts stated that all the Councilmembers had received the new
regulations for the Cook Inlet Air Resources Control District (CIARCD) and
spoke against the association, stating that the State carried out the same
function as the CIARCD and felt there was a duplication of effort. Following
discussion, Hugli, with Council consent, requested the administration draft
a resolution requesting the Borough Assembly cancel its membership with the
CIARCD.
I
I
XIV.
CITIZENS' DISCUSSION:
A. Wayne Heinbaugh appeared and spoke against the manner in which
the streets and alleys were graded adjacent to his property and also spoke
against the copper tubing water lines installed on his property. He further
spoke against the snow burm the City crew left near the corner of 6th and
Madison.
xv.
ADJOURNMENT:
-,~l. t.f' ~
(City ~d)
\<)-~ {t "
.'<"'~.o '... ~',
<~.:J1; ,.- ;',
---------------------------------------------------------------------------
PAGE 177
REGULAR MEETING - MARCH 27, 1978
VOLUME 18
I.
CALL TO ORDER-PUBLIC RELATIONS AD HOC COMMITTEE APPOINTMENTS:
C COUNCIL: The March 27, 1978, regular meeting of the Seward City Council
convened at 7:00 p.m. in order to discuss the public relations ad hoc committee.
"Seward City Council Notice of Committee Openings - Public Relations Ad Hoc
Committee" as published in the local newspaper two times on March 16 and 23,
was noted. The following applications were noted as filed with the City Clerk:
I
Barbara Blowers
Robert Booher
Willard Dunham
William Fuhring
Roy Mattson
Larry Urbach
Alfred Noyes
Marilyn Plymire
Michael Shott
Judith Renwick
Joseph Romero
Hugli stated that Chester Thorne had been appointed as the representative from
the Advisory Planning and Zoning Commission; Val Anderson had been appointed as
the representative from the International Longshoremen and Warehousemen's Union -
Local #60; and, the position for the representative from the Seward Harbor Com-
mission had not yet been filled. Hugli further stated that a member should be
appointed from the City Council to serve on the Committee and, following a
secret ballot to vote on the two nominee~ Potts and Gillespie, Potts received
the majority vote and was appointed as the Council representative to the Committee.
City Manager Johnson noted that the University of Alaska had voiced interest
in having a position on the Committee and requested that the position remain open
until an appointment could be made. Hugli, with Council consent, appointed City
Manager Johnson to serve as a member of the Committee. In answer to a question
from Campbell, Hugli confirmed that all Councilmembers would serve as ex-officio
members of the public relations ad hoc committee. Following discussion, it was
moved by Vincent, seconded by Campbell and unanimously carried that all those
applicants for a position on the Committee be appointed, in addition to those
individuals specified by Council. It was confirmed that the appointed member-
ship of the Committee totaled 17, as follows:
,)
PAGE 178
REGULAR MEETING - MARCH 27, 1978
VOLUME l~
I.
CALL TO ORDER - PUBLIC RELATIONS AD HOC COMMITTEE APPOINTMENTS:
(cont'd)
1. City Council representative Larry Potts
2. Advisory Planning and Zoning Commission
representative Chester Thorne
3. ILWU Local #60 representative Val Anderson
4. University of Alaska representative - OPEN
5. Harbor Commission representative - OPEN
6. City Manager Johnny Johnson
7. Chamber of Commerce representative Larry Urbach
Members At Large
Members At Large
8. Barbara Blowers
9. Robert Booher
10. Willard Dunham
11. William Fuhring
12. Roy Mattson
13. Alfred Noyes
14. Marilyn Plymire
15. Michael Shott
16. Judith Renwick
17. Joseph Romero
Hugli, with Council consent, requested that Council representative Potts chair
the initial meeting of the Committee until a chairman was appointed. Potts
scheduled the first meeting of the public relations ad hoc committee for Monday,
April 3, 1978, at 7:00 p.m. in the City Council Chambers. City Manager noted
that Barbara Blowers and Alfred Noyes had volunteered to be secretary for the
Committee; however, until a secretary could be appointed the City would take
care of notifying of the initial Committee meeting.
*
*
*
I.
CALL TO ORDER:
The March 27, 1978, regular meeting of the Seward City Council was
called to order by Mayor Hugli at 7:30 p.m.
II.
OPENING CEREMONY:
Councilmember Mott led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie, Leer,
Mott, Potts and Vincent
Present also: City Manager Johnson, City Attorney Jarrell, City Clerk-
Treasurer Shanley and Administrative Assistant Schaefermeyer
IV.
APPROVAL OF MINUTES:
It was moved by Mott, seconded by Leer and unanimously carried to
approve the minutes of March 13, 1978, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following items be added to the
regular meeting agenda:
IX. Ordinances and Resolutions:
A. Ordinances for Introduction:
1. Proposed Ordinance No. 455 regarding noticing
procedures for zoning matters and declaring an
emergency
C. Resolutions:
3. Proposed resolutions regarding public hearings for
conditional use permits for Bob and Karen Baker,
Daren Miller and Patrick O'Brien
4. Proposed resolution regarding D-2 and Rare II lands
in the Prince William Sound area
City Manager requested that item X. Unfinished Business. A. Don Coisman's
default on R-2l development project, be postponed to a later date. Following
discussion, it was moved by Mott, seconded by Potts and unanimously carried
to approve the regular meeting agenda as amended and the consent calendar as
presented and the following actions were taken:
COMPTROLLER:
C ATTORNEY:
C 10RNEY'
STREETS, RDS,
HWYS:
C CLERK-
TREASURER:
PAGE 179
REGULAR MEETING - MARCH 27, 1978
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
1. Comptroller's list of Accounts Payable for March 1978,
was approved and filed.
2. Hughes, Thorsness, Gantz, Powell and Brundin bill for
services rendered in December 1977, totaling $1,953.86,
was approved for payment and filed.
3. Hughes, Thorsness, Gantz, Powell and Brundin bill for
services rendered in January 1978, totaling $3,689.10,
was approved for payment and filed.
4. Alaska District Corps of Engineers "Public Notice" dated
March 22, 1978, regarding Snow River - Mile 18 work was
presented for information and filed.
5. City Clerk-Treasurer's Annual Report for Fiscal Years
1976-77 and 1977-78 was presented for information and
filed.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave Kenai Peninsula Borough Assembly report
for March 21, 1978.
VII.
PUBLIC HEARINGS:
A. The scheduled public hearing on the proposed lease of the structure
located at the southwest corner of 4th and Armstrong Avenues, commonly referred
to as the "old carpenter shop", to Paula Shapro for use as an antique shop was
cancelled due to the fact that Shapro had verbally withdrawn her request on
March 16, 1978. City Manager stated that item A. under XI. New Business con-
cerned another request for lease of the structure and, although another public
hearing would have to be scheduled on the specific proposal, he suggested Council
receive comments from those individuals present in the audience that evening
wishing to speak on the lease of the carpenter shop. Public hearing was opened
on the North Pacific Rim Native Corporation and Seward Youth and Recreation
Center's lease proposal. David Reynolds, Ellen Setters and Robert Heasley
appeared from the audience and spoke in support of the Johnson-O'Malley and
North Pacific Rim proposal to use the structure as a youth center, requesting
that the City lease the building to the group at $1 per year with a 3 year
renewal option. In answer to a question from Vincent, Reynolds stated the
center would service the youth from 13 through 18 years of age and spoke on
the various renovations that would be undertaken by the group, referring to
the proposal dated March 23, 1978, as submitted to Council by the group.
Vincent stated he would be reluctant to approve lease of the building to
the group prior to receiving a copy of the rules and regulations that would
be following in operation of the youth center. Mott voiced concern over
location of the building, stating that in the future the City might find
need for the Waterfront Tracts parcel. In answer to a question, Reynolds
stated the group would be amenable to a short term lease with a 30 to 60 day
notice of vacation only after the initial one year lease had expired, due
to the fact that the group was planning on extensive renovation of the building.
No one else appeared from the audience in order to be heard and the public
hearing was closed. Following discussion, Hugli stated if there was no Council
objection, he would direct the City Manager to set a public hearing for
April 10 and begin negotiations for lease of the building to the Johnson-
O'Malley - North Pacific Rim Native Corporation and further directed the City
I Manager to prepare a resolution for the next meeting in that regard.
PLANNING B. Public hearing was opened on the proposed City of Seward Zoning
AND ZONI~G: Ordinance and City Manager distributed revised zoning ordinance dated March
27, 1978. Jeff Otteson, Planner for the Kenai Peninsula Boroug~was present
and spoke and answered questions on the ordinance, specifically noting those
changes of substance in the document over the prior draft. Ron Lewis appeared
from the audience and read in full statement dated March 23, 1978, to the
Seward Planning and Zoning Commission, bearing approximately 9 signatures in
opposition to the rezoning of portions of Blocks 21-23, Original Townsite, from
Neighborhood Commercial (NC) to R-3. Bernie Hulm, Brent Whitmore, Lewis Hasty
and Karen Swartz appeared and spoke against the provision of the ordinance
which would prohibit nonconforming uses to expand or to rebuild if destroyed
by fire, and the case in point specifically cited was that of a single family
WATERFRONT
TRACTS:
I
1';11
P & Z:
(cont'd)
P & Z/
ORDS:
PAGE 180
REGULAR MEETING - MARCH 27, 1978
VOLUME 18
VII.
PUBLIC HEARINGS:
(cont'd)
residence being rezoned to NC and if that home burnt down it could not be
rebuilt in that district. No one else appeared in order to be heard and
the public hearing was closed. City Manager spoke on the lengthy, detailed
process which had been following since 1969 with meetings and public hearings
being scheduled on the zoning ordinance in order to receive all citizen input
on the document. Following discussion, Hugli, with Council consent, scheduled
a study session for Wednesday, April 5. 1978, to further discuss the zoning
ordinance.
VII I.
CITIZENS' DISCUSSION:
A. Vincent, speaking on behalf of Alice Ainsworth, asked the status
of Council and Commission agenda mailing lists to interested citizens. City
Clerk-Treasurer stated that Vincent had been absent from the meeting when
Council had approved Resolution No. 77-11 which set forth a fee schedule for
those interested citizens wishing to receive by mail copies of the Council
and Commissions agendas and minutes.
B. In answer to a request made by Wayne Heinbaugh, Hugli stated
that the Council would meet with him following adjournment of the regular
meeting agenda for a ten minute period.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies being made available to the public, Hugli noted by
title only proposed Ordinance No. 455 regarding public hearings on zoning
matters, entitled:
An Ordinance Establishing Special Notice
Procedures for Public Hearings on Zoning
Matters Under Prescribed Circumstances
and Declaring an Emergency
City Attorney spoke on the ordinance, stating that it was required in order to
correct the deficiencies in executing the notice requirements for three pre-
viously issued conditional use permits. He further stated that all parties
involved in the matter had agreed to the procedure as set forth in the proposed
ordinance. Following discussion, it was moved by Mott, seconded by Gillespie
and unanimously carried to enact Ordinance No. 455 as an emergency measure.
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
ORIGINAL TWNST/ 1. Copies being made available to the public, Hugli noted by
RES: title only proposed Resolution Nos. 78-15, -16, and -17, entitled:
S B H:
A Resolution Scheduling a Public Hearing
Before the Planning and Zoning Commission
in the Matter of Certain Conditional Use
Permit Applications
It was noted that resolutions had been prepared for Patrick O'Brien, Daren
Miller and Bob and Karen Baker for the reapplication of conditional use
permits which had been previously issued to them, however, it had been
discovered that the permits were procedurally deficient in the noticing
requirements as set forth in the zoning ordinance. It was noted that if
the resolutions were approved, a public hearing before the Advisory Planning
and Zoning,Commission would be scheduled for April 6, 1978, in order to
receive public comment on issuance of the permits. It was moved by Mott,
seconded by Leer and unanimously carried to approve Resolution No. 78-15
(Patrick O'Brien - Lots 37 and 38, Block 23, Original Townsite), Resolution
No. 78-16 (Bob and Karen Baker - Lots 25-33, Block 7, Original Townsite) and
Resolution No. 78-17 (Daren Miller - Lots 26-30, Block 22, Original Townsite).
2. Copies being made available to the public, Hugli noted by
number only proposed resolution regarding Small Boat Harbor moorage waiting
list, entitled:
S B H:
(cont'd)
I
OCS/
RES:
I
LEG REPS/
RES:
I
ELECTRIC:
, j
PAGE 181
REGULAR MEETING - MARCH 27, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
A Resolution Setting the Fee for Being
Placed on Seward Municipal Small Boat
Harbor Waiting List for Preferential
Moorage
Potts, Gillespie and Vincent spoke against the resolution, stating that if
a fee had to be charged for maintenance of the waiting list it should be on
a one time basis and billed when the party received moorage, similar to an
initiation or membership fee. Brent Whitmore appeared from the audience and
voiced objection to those individuals already having slips being charged a
fee for upkeep of the waiting list. Following discussion, it was moved by
Mott, seconded by Leer, but did not carry as follows, to approve Resolution
No. 78-13.
Ayes:
Noes:
Absent:
None
Campbell, Gillespie, Hugli, Leer, Mott, Potts & Vincent
None
3. Copies being made available to the public, Hugli noted by
title only proposed Resolution No. 78-14 regarding the use of North Slope
royalty gas, entitled:
A Resolution Regarding the Use of Alaska's
North Slope Royalty Gas
City Manager confirmed that passage of the resolution had been requested by
the Fairbanks North Star Borough. Vincent voiced concern over the fact that
no particular use of the royalty gas was specified in the resolution. It was
moved by Mott, seconded by Campbell and carried as follows to approve Resolution
No. 78-14:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer, Mott and Potts
Vincent
None
4. Copies being made available to the public, Hugli noted by
title only proposed Resolution No. 78-13 regarding D-2 and Rare II land with-
drawals, entitled:
A Resolution Regarding the Wilderness With-
drawal Areas in Prince William Sound
Potts stated he was the sponsor of the resolution and presented a map which
distinguished the various types of wilderness areas as proposed in HR 39
(Udall - Sieberling bill) in the Prince William Sound area. He stated that
as a member of the Alaska Logger's Association (ALA) he had attended a meeting
in Juneau two weeks previously regarding the "instant wilderness" land with-
drawals and the ALA's position was to support as much multiple use of wilderness
lands as possible. He stated that he had been appointed as the representative
of the ALA to travel to Washington D.C. and testify in opposition to HR 39
and stated he thought it would be a good opportunity for the City of Seward
to present its position on the bill simultaneously. It was moved by Campbell,
seconded by Mott and unanimously carried to approve Resolution No. 78-13.
x.
UNFINISHED BUSINESS:
A. Donald Coisman's default on R-2l development project on Lots 1,
2, 3 and 4, Block 4, Oceanview Subdivision, was continued to a later date due
to the fact that Coisman was out of town.
B. February 8, 1978, letter from Christine Werner of Western Auto
and February 22, 1978, letter from Margaret Anderson of Seward Marine Services,
Inc. requesting the combination of two meter readings at their business locations
into one utility billing, was noted. City Manager stated he had investigated
the subject and had found it had been past policy and other utility companys'
policy that billing would be done on a per meter basis. He further stated
that in the case of Western Auto, the City had not been informed that one
meter had been turned on and it was estimated that approximately 5000 kilowatts
had been used by the business wjthout the City billing them for that usage.
In the case of the Anderson request, City Manager stated that one electrical
~ f ,\
ELECTRIC:
(cont'd)
PACE 182
REGULAR MEETING - MARCH 27, 1978
VOLUME 18
X.
UNFINISHED BUSINESS:
(cont'd)
meter was for single-phase power and the second meter was for three-phase power,
therefore, the readings could not be combined until rewiring took place. In
conclusion, the City Manager recommended, with Council consent, that the City
continue billing for electricity on a per meter basis.
XI.
NEW BUSINESS:
A. See item A. under VII. Public Hearings.
SP COM EVENTS: B. March 14, 1978, letter from the Seward Chamber of Commerce,
requesting the City proclaim the week of August 28, 1978, as Seward Diamond
Jubilee Week, was noted. It was moved by Mott, seconded by Campbell and
unanimously carried to proclaim 1978 as Diamond Jubilee Year and the week
of August 28, 1978, as Founders' Week. City Manager stated a proclamation
would be prepared to reflect the Council declaration.
BUILDING:
LEG REPS:
SEWARD
FISHERIES:
C. Division of Policy Development and Planning letter of March
14, 1978, requesting the City comment on housing needs within Seward, was
noted. Hugli, with Council consent, directed the City Manager to respond
to the letter.
D. Alaska Senate Committee on Community and Regional Affairs'
letter of March 14, 1978, requesting comments on SB 507 and 508 regarding
municipal cultural facilities, was noted. City Manager stated he was person-
ally opposed to the legislation, stating that matching funds were required
for the monies and felt that there were other items of higher priority that '
the City should investigate; Council supported the City Manager's recommenda-
tion opposing the legislation.
E. Seward Fisheries' letter of February 3, 1978, requesting an
addendum to the "License Agreement for Seward Municipal Small Boat Harbor
Dock" to expand the existing description of the dock area where the fisheries
has preferential usage, and draft Addendum, were noted. City Manager stated
Seward Fisheries had been under the assumption that it preferentially leased
the entire west side of the T-dock, excluding the "T"; however, in reviewing
the lease executed in 1975, this was found not to be the case. Gillespie
stated that the previous summer other processors had come before the Council
requesting space to off-load their products. City Manager confirmed that the
administration was working on the removal of boats tied to the east side of
the T-dock, which would free that side of the dock for boats other than
Seward Fisheries' suppliers, to unload their product. Following discussion,
Gillespie, with Council consent, recommended that the lease addendum be
presented to the Harbor Commission for its recommendation prior to Council
action on the request.
XII.
CITY MANAGER REPORTS:
PERS PROPERTY: A. City Manager requested permission to conduct another City surplus
property sale in order to sell a crane, some trucks, a sweeper and to receive
bids on ithe salvaging of two redwood tanks at the base of Mt. Marathon. It was
moved by Mott, seconded by Potts and unanimously carried to authorize the
City Manager to proceed with a City surplus property sale as indicated.
BIDS-PURCH
AGENT:
PERSONNEL:
B. City Manager stated that at the end of Summer 1978 the City
would have approximately 15~ miles of paved streets which would have to be
kept clean and recommended Council authorize the administration to call for
bids on a wet sweeper, the estimated cost be be $25,000 - $28,000. In answer
to a question, City Manager stated he proposed that the monies for purchase
of the sweeper be appropriated from the City Council contingency fund, presently
containing approximately $47,000. It was moved by Campbell, seconded by Potts
and unanimously carried to authorize the City Manager to receive bids on a wet
sweeper.
C. City Manager stated that the City had approximately $520,000 in
Coastal Energy Impact Program funds for various projects, a $1,000,000 paving
project and $3-4 million in other projects which the City was responsible for
the proper administration of State and Federal funds. He stated that monies
were made available with the various projects to cover administrative and legal
fees which would be reimbursed to the City if proper recording methods justifying
City administrative costs were followed. He recommended that of the two
PERSONNEL:
(cont'd)
III
CITY HALL:
K P B/
COUNCIL:
C COUNCIL:
I
ANIMAL
CONTROLS:
I
PAGE 183
REGULAR MEETING - MARCH 27, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
vacancies with the City at the current time, he be authorized to fill one
vacancy and create the position of Project Administrator to keep an accounting
of the various Federal and State grant monies received by the City. In answer
to a question from Gillespie, City Manager stated he thought the full time
position would be placed in the accounting department and further stated
that the salary would be in the $1,200 to $1,400 per month range. Hugli
requested the Council receive a job description prior to the hiring of an
individual in this position and also requested a progress report be made on
a regular basis. Following discussion, it was moved by Campbell, seconded by
Gillespie and unanimously carried to authorize the City Manager to create
the position of Project Administrator as proposed and that a formal quarterly
status report be presented to the City Council on funds realized from the
Project Administrator's accounting.
D. City Manager stated that certain offices in the City Hall were
inefficient and specifically cited the Cashier's window, the Clerk's office
and the City Manager's office door. He requested permission to receive bids
for remodeling of the City offices, estimated to be $4000 to $5000. lt was
moved by Potts, seconded by Mott and unanimously carried to authorize the
City Manager to call for bids on the remodeling of the City offices as presented.
XII.
COUNCIL DISCUSSION:
A. Hugli noted the Council needed to appoint a representative to
the Kenai Peninsula Borough Overall Economic Development Program committe~
?nd noted that City Manager Johnson was currently attending the meetings. It
was moved by Potts, seconded by Leer and unanimously carried that the City
Manager be appointed as the Council's representative to the Overall Economic
Development Program committee.
B. It was moved by Gillespie, seconded by Campbell and unanimously
carried to formally appoint the following individuals to the Seward public
relations ad hoc committee:
1. City Council representative Larry Potts
2. Advisory Planning and Zoning Commission
representative Chester Thorne
3. ILWU Local #60 representative Val Anderson
4. University of Alaska representative - OPEN
5. Harbor Commission representative - OPEN
6. City Manager Johnny Johnson
7. Chamber of Commerce representative Larry Urbach
Members at Large
Members at Large
8. Barbara Blowers
9. Robert Booher
10. Willard Dunham
11. William Fuhring
12. Roy Mattson
13. Alfred Noyes
14. Marilyn Plymire
15. Michael Shott
16. Judith Renwick
17. Joseph Romero
C. Seward City Code Section 4-9 through 4-36 regarding dogs was noted.
Vincent stated he had received several complaints on the apprehension of dogs
in the City and asked for a report on the matter. Police Chief Bencardino
appeared from the audience and stated that since the Police Department had taken
over the animal control function, 166 dogs and 51 cats had been destroyed and
numerous citations had been issued. He further stated that he felt various
portions of the ordinance should be revised to provide for better enforcement.
Bernard Hulm appeared from the audience and spoke against the dogs running at
large within the City. Karen Swartz appeared and suggested that the commanders
of the recreation camps be informed of the dog problem and requested either to
have the dogs checked in with the families and make sure the owners take the
animals home with them when they leave, or totally discourage the families from
transporting their animals to Seward. Following discussion, Hugli, with Council
consent, scheduled discussion of the dog ordinance for the Council study session
of April 5.
\ S)
LOC ORGS:
SCHOOLS:
PAGE 184
REGULAR MEETING - MARCH 27, 1978
VOLUME 18
XII.
COUNCIL DISCUSSION: (cont'd)
D. Draft letter prepared by Mayor Hugli regarding the Resurrection
Bay Art Guild was noted. Hugli stated he had been approached by Dot Bardarson,
requesting that Council recognize the Resurrection Bay Art Guild as the official
arts agency in the City in order that the group could apply for various State
and Federal funds. Following discussion, it was moved by Gillespie, seconded
by Leer and unanimously carried to authorize the Mayor to sign the letter
recognizing the Resurrection Bay Art Guild as the officipl community visual
arts agency for the City of Seward.
E. Mott stated that the City budget would soon be presented for
Council review and the Council should be thinking about addressing the fiscal
year 1978-79 salaries for the City Manager and City Clerk-Treasurer. He
further commented favorably on the City Clerk-Treasurer's annual report (consent
calendar item 5.).
F. In answer to a question from Gillespie, Comptroller Baugh
appeared from the audience and spoke on the progress of the City accounts
being transferred to the Borough computer.
G. Campbell stated that the year's exchange program between Japan
and Seward would have to be organized and suggested that the City Council
appoint an official committee to organize the program. Bob Richardson and
Brent Whitmore appeared and stated although they were interested in assist-
ing with the program, they no longer wanted the responsibility of being in
charge. Vincent stated he would bring the matter of appointing an exchange
program committee before the Chamber of Commerce. Campbell further stated
that the Mayor of Obihiro should be formally invited to the City to parti-
cipate in the Diamond Jubilee activities.
H. Campbell stated that the U.S. Forest Service and the Alaska
Skill Center had been negotiating with the Kenai Peninsula Borough School
District for use of the old high school building and the Armory and stated
that if the City was not interest in acquiring the buildings, it should make
a form motion stating such in order to allow the Borough to proceed with
making definite plans for occupancy. Leer, Mott, Barbara Blowers and Edgar
Blatchford spoke in support of the City make a proposal for acquiring the
Armory for use by the local residents. City Manager stated in reviewing the
costs involved, it was estimated that approximately $100,000 would be spent
on a yearly basis for utilities and upkeep of the Armory if the City acquired
the building. Campbell stated that approximately 100 YACC workers between the
ages of 16 and 24 would arrive in Seward in the summer to begin work on the
bridge to Exit Glacier and it appeared the youth would be housed at the Armory.
City Manager stated that Clay Beal of the Forest Service would be present at
the Council meeting of April 10 in order to discuss what the City should expect
with the influx of 100 young people. In answer to a question from City Manager,
Hugli, with Council consent, authorized the Manager to make sure the proper
deeds had been issued to the School District for the land on which the schools
were located. City Manager stated that the City owned the land on which the
Armory was located and the matter would have to be discussed with the Borough.
Following discussion, it was moved by Campbell, seconded by Vincent and carried
as follows that the City disclaim any interest in acquiring the high school
and the Armory at this time:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Potts and Vincent
Leer and Mott
None
XIV. CITIZENS' DISCUSSION:
A. Karen Swartz asked that the Councilmembers speak up when motions
and seconds were made in order that the audience could hear.
B. In answer to a question from an unidentified gentleman, City
Attorney further explained the need for and legality of Ordinance No. 455.
xv.
ADJOURNMENT:
The meeting was adjourned at 10:20 p.m. and Council immediately
met with WHyne Heinbaugh regarding the grading of streets adjacent to his
property and his water lines.
I
I
I
PAGE 185
REGULAR MEETING - }~CH 27, 1978
VOLUME 18
City Attorney stated that the attorney for Ron Lewis regarding the
conditional use permit for construction on Block 22, Original Townsite, had
requested that the legal fees incurred be borne by the City. City Attorney
stated that it was a bad policy for the City to pay for its opponents legal
fees and, with Council consent, recommended against approving such payment.
adjourned at 10:40 p.m.
--------------------------------------------------------------------------
PAGE 185
REGULAR MEETING - APRIL 10, 1978
VOLUME 18
1.
CALL TO ORDER:
The April 10, 1978, regular meeting of the Seward City Council was
called to order by Mayor Hugli at 7:30 p.m.
II. OPENING CEREMONY:
Councilmember Mott led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Leer, Mott, Potts and Vincent
Present also: City Manager Johnson, City Attorney Jarrell, City
Clerk-Treasurer Shanley and Administrative Assistant
Schaefermeyer
PROCLAMATIONS:
With Council consent, City Clerk read in full proclamation designa-
ting 1978 as DIAMOND JUBILEE YEAR and the week of August 28, 1978, as FOUNDERS'
WEEK in the City of Seward, Alaska.
With Council consent, City Clerk read in full proclamation designa-
ting the week of May 1-7, 1978, as YOUTH WEEK in the City of Seward, Alaska.
IV. APPROVAL OF MINUTES:
It was moved by Mott, seconded by Potts and unanimously carried to
approve the regular meeting minutes of March 27, 1978, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following amendments be made to
the regular meeting agenda:
VIII. Citizens' Discussion:
A. Walt Sheridan of the U.S. Forest Service regarding
the YACC workers coming to Seward would speak instead
of Clay Beals
IX. Ordinances and Resolutions: A. Ordinances for Introduction:
1. Proposed Ordinance No. 456 regarding dogs added to the
agenda
PAGE 186 REGULAR MEETING - APRIL 10, 1978 VOLUME 18
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont' d)
X. Unfinished Business:
A. Donald Coisman's default on R-2l development project
on Lots 1-4, Block 4, Oceanview Subdivision, was
continued to a later date due to the fact that
Coisman was out of town
XI.
New
E.
Business:
Discussion of the Seward zoning ordinance added to the
agenda
Approval of two grants from the State added to the agenda
F.
Gillespie requested that an executive session regarding City finances be held
immediately following adjournment of the regular meeting. Following discussion,
it was moved by Mott, seconded by Campbell and unanimously carried to approve
the consent calendar as presented and the regular meeting agenda as amended and
the following actions were taken:
1. March 27, 1978, invoice from Alaska Municipal League in the
amount of $200 for non-direct member service charge for 1978
was approved for payment.
WATER:
2. "Periodic Estimate for Partial Payment" received March 31,
1978, from Alaska Mechanical, Inc. in the amount of $15,701.58
for construction of the Seward water improvements was approved
for payment and filed.
ABCB/
MARINA SUB:
3. March 23, 1978, letter from the Alcoholic Beverage Control
Board notifying the City of approval of application of the
Breeze Inn Restaurant for a beverage dispensary license was
presented for information and filed.
LOC ORGS:
4. The Mayor was authorized to sign the "Application for Permit
for Authorized Games of Chance and Skill" for 1978 as filed by
the American Legion.
PKS AND REC:
5. "Seward Recreation Department Schedule - April 1978" was
presented for information and filed.
C Z M:
6. Report by Patrick O'Brien on the Coastal Zone '78 seminar he
attended in San Francisco March 14-16, 1978, on behalf of the
City, was presented for information and filed. Mott voiced
appreciation for the report.
C COUNCIL:
7. Public Relations Ad Hoc Committee meeting minutes of April 3,
1978, were presented for information and filed.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave Kenai Peninsula Borough Assembly report
for April 4, 1978.
VII.
PUBLIC HEARINGS:
WATERFRONT
TRACTS:
A. Public hearing was opened on the proposed lease of that structure
located on Tract 2, Seward Waterfront Tracts, commonly known as the "old carpenter
shop" to the Johnson-O'Malley Parent Committee and the North Pacific Rim Native
Corporation for use as a youth center. "Notice of Public Hearing" regarding
the scheduled hearing, as published in the local newspaper on two occasions,
was noted. March 23, 1978, proposal as submitted by the Johnson-O'Malley Parent
Committee was also noted. Dave Reynolds, Youth Services Director, and Ellen
Setters, Chairman of the Parent Committee, appeared from the audience and dis-
tributed "Guidelines for Center" as requested by Council on March 27 and spoke
in favor of the group's proposal. Chuck Echard, Coordinator for Dormitory and
Recreation at the Alaska Skill Center appeared and gave the Mayor a letter
dated April 10, 1978, and spoke in support of the program. Andy Singleton,
Student Council President of Seward High School; Kelly Lake, Forest Acres;
Edgar Blatchford, representing the Seward Mount Marathon Association; and
Teresa Hill appeared from the audience and spoke in support of the proposed
lease of the structure for use as a youth center. No one else appeared from
WATERFRONT
TRACTS:
(cont'd)
I
I
ANIMAL
CONTROLS:
I
PAGE 187
REGULAR MEETING - APRIL 10, 1978
VOLUME 18
VII.
PUBLIC HEARINGS:
(cont'd)
the audience in order to be heard and the public hearing was closed. City Manager
presented draft Lease Agreement and stated that the request made by the proponents
for the City electrical crew to do wiring could not be met. In answer to a
question, he stated the City should require the lessee to purchase fire insurance
to cover the fair market value of the structure and to cover those adjacent
buildings, for liability purposes. Regarding the term of the proposed lease,
Robert Copcheck, director of a similar program in Cordova, and Robert Heasley
of North Pacific Rim, appeared and stated for funding purposes it would be most
advantageous to have the initial lease for a one or two year term with a yearly
renewal option after that period. Following discussion, it was moved by Gillespie,
seconded by Mott and carried as follows to give the City Manager the authority
to enter into a lease agreement with the North Pacific Rim Native Corporation
for a two year period with one year renewable options after that time, with the
stipulation that regular minimum fire coverage would be required on the structure:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer, Mott and Vincent
Potts
None
Potts qualified his vote, stating he objected to the term of the lease. Hugli,
with Council consent, directed the City Clerk to forward a letter to the
Criminal Justice Planning Agency in Juneau, informing the Agency of the Council's
support of the youth center and encourage funding of such.
VIII.
CITIZENS' DISCUSSION:
A. Walt Sheridan of the U.S. Forest Service appeared and spoke on
the plans for recruiting approximately 100 Young Adult Conservation Corps (YACC)
workers between the ages of 16-23, to be housed in Seward, for work in the City
and in the surrounding forest lands. In answer to a question from Leer, Sheridan
stated supervised recreation would be provided for the participants after working
hours. In answer to a question from Vincent, Sheridan stated that if the
young adults in the program did not conform to the program's code of conduct
they would be sent home.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies being distributed to the Council and made available
to the public, Hugli noted by title only proposed ordinance regarding dogs,
entitled:
An Ordinance Relating to Dogs
City Manager spoke on the ordinance, stating if enacted it would amend the
current ordinance by increasing the license and impound fees and provide for
a leash law within the City. Laura Peterson appeared from the audience and
spoke against the inhumane facilities which the City offered for housing and
the manner of disposal of the animals. Hugli confirmed the City was in the
process of planning for construction of a new dog pound. Following discussion,
it was moved by Mott, seconded by Vincent and carried as follows to introduce
proposed Ordinance No. 456 and schedule a public hearing for May 8, 1978:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer, Mott and Vincent
Potts
None
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions: None
X.
UNFINISHED BUSINESS:
A. Donald Coisman's default on R-2l development project on Lots 1-4,
Block 4, Oceanview Subdivision, was continued to a later date due to the fact
that Coisman was out of town.
SEWARD
FISHERIES:
JESSE LEE
HOME:
PAGE 188
REGULAR MEETING - APRIL 10, 1978
VOLUME 18
X.
UNFINISHED BUSINESS:
(cont'd)
B. The following items were noted as to the request of Seward
Fisheries (SF) to extend their preferential license agreement on the City dock:
February 3, 1978, letter from SF requesting
revised license agreement
"License Agreement for Seward Municipal Small
Boat Harbor Dock" dated November 6, 1975, allow-
ing preferential use of the westerly portion of
the T-dock running north-south 150 feet and east-
west 17 feet
Draft addendum to the License Agreement allowing
preferential use of the westerly portion of the
T-dock running north-south 352 feet and east-
west 17 feet
Seward Harbor Commission meeting minutes of
March 29, 1978, at which time the Commission
approve the addendum to the 1975 license agreement
In answer to a question from Vincent, City Manager stated the dock was built
with Federal EDA funds and the City's portion of the funding was being re-
imbursed by the Fisheries. Potts voiced concern over dock space being
available for fishermen other than those supplying SF to unload their products
and, in answer, City Manager confirmed the administration was proceeding with
having the derelict vessels removed from the east side of the T-dock to allow
for more dock space. In answer to a question from Vincent, City Manager
stated that Rick Dutton of SF and he had been working on an agreement amenable
to both parties for replacement of damaged pilings, amounting to approximately
$17,000 at the present time. Rick Dutton appeared from the audience and
stated that SF could possibly be responsible for damaged piling in the area
of its preferential berthing; however, they could not be responsible for the
entire T-dock. Harbor Commission Chairman Clasby appeared from the audience
and spoke on the Harbor Commission's discussion and approval of the license
addendum. Following discussion, it was moved by Mott, seconded by Leer and
unanimously carried to accept the License Agreement addendum as presented.
Clty Manager, with Council consent, ~tated he would return at a later meeting
with a proposal for responsibility of repairing damaged pilings on the T-dock.
XI.
NEW BUSINESS:
A. "Judgment Quieting Title in the City of Seward and Dismissing
All Other Claims" dated March 10, 1978, regarding the City of Seward vs.
Inn Seward, Inc. and Last Frontier, Inc. concerning the ownership of Jesse
Lee Home, was noted. City Manager stated an eviction notice had been issued
to the people now occupying one of the structures on the property and, with
Council consent, recommended a caretaker be placed in the area, the Public
Works Department remove derelict equipment, the garage either be repaired or
removed to prevent liability problems, as well as other minor maintenance items.
He stated he had received various proposals for occupancy of the building and
asked for Council direction on how to proceed. He recommended that if Council
again wanted to put the buildings and land up for sale, the successful bidder
should be required to place a large deposit price in order to protect the City
and further estimated the market value of the property at $350,000 to $500,000.
City Attorney stated at the present time there was a mechanic's lien in the
amount of $47,000 against the property; however, the legal aspects of the
lien were not yet clear due to the fact that the City had filed a Notice of
Non-Responsibility in a timely manner on the issue. In answer to a question
from Hugli, City Manager stated if the City wanted to maintain the building
and use it as a city hall and/or community center, there might be 50 percent
matching funds available for renovation due to the fact that the structure was
considered a historical site. Following discussion, Gillespie, with Council
consent, recommended the City advertise for a public hearing to be held on
May 8 in order to receive public comment on the disposition of the Jesse Lee
Home property.
LOC ORGS/
ORIGINAL
TOWNSITE:
I
SCHOOLS:
PERSONAL
PROPERTY:
Ip & Z/
ORDS:
4TH OF JULY
CREEK AREA/
ELECTRIC:
I
PERSONNEL:
; ,
, ,
,
PAGE 189
REGULAR MEETING - APRIL 10, 1978
VOLUME 18
XI.
NEW BUSINESS:
(cont'd)
B. Seward Senior Citizens' amended resolution regarding Alaska State
Housing Authority proposal for senior housing in Seward and the seniors' request
for the donation of the south one-half of Lot 14 and all of Lots 15-20, Block
35, Original Townsite, was noted. City Manager noted the location of the
property and stated there would be room for 36 units if the property was donated
as proposed. Georgia Gesto, Senior Citizens'Director, appeared from the
audience and spoke in support of and answered questions on the request, stating
the seniors had supported the beachfront site over the initial proposal for
property in the Marathon Addition located in Lowell Canyon due to the lack
of sunlight, seclusion and the possibility that not enough of the land would
be buildable at the Lowell Canyon site. City Manager stated he had already
taken the liberty to request a title report from Alaska Title to confirm that
the property was City-owned. Following discussion, and there being no objection,
City Manager stated a public hearing would be scheduled on the request for the
April 24 Council meeting.
C. March 30, 1978, letter from the Kenai Peninsula Borough School
District notifying the City of the discontinuance of the use, of the National
Guard Armory, effective June 10, 1978, was noted. City Manager stated it
appeared that the City owned the Armory as well as the land due to a clause
in the 1962 agreement which stated if the structure ceased to operate as an
Armory the building would revert to the City. Following discussion, City
Manager stated he would have the issue clarified for the next Council meeting.
D. Application for Federal surplus property eligibility and
designation of the City Manager as the official representative for such
was noted. City Manager stated the forms needed to be completed in order
to allow the senior citizens to apply for the receipt of surplus property
available through the Federal government. It was moved by Mott, seconded
by Campbell and unanimously carried that the City Manager be designated as
the Federal surplus property designee for the City of Seward.
E. City Manager distributed newly-revised draft of the Seward
zoning ordinance and spoke on the specific amendments to the document:
Sections 21.78.254 (6), 21.78.255 and 21.78.800. Following discussion, it
was moved by Mott, seconded by Vincent and unanimously carried to authorize
the zoning ordinance to be forwarded to the Borough.
F. City Manager stated he had received two contract documents
from the State Department of Community and Regional Affairs: One was in the
amount of $75,000 for a feasibility study of the 4th of July Creek area as
an industrial site; the second in the amount of $195,000 was for engineering
design work for refurbising the Seward electrical utility system. Following
discussion, it was moved by Mott, seconded by Leer and unanimously carried to
accept the Department of Community and Regional Affairs contract for $75,000
for the 4th of July Creek area feasibility study. Following discussion on
whether the City should continue in the electrical utility business, it was
moved by Mott, seconded by Campbell and unanimously carried to accept the
grant for $195,000 for engineering work on the electrical system.
RECESS: The meeting was recessed at 9:23 p.m.; reconvened at 9:28 p.m.
XII. CITY MANAGER REPORTS:
A. City Manager stated he had received a report from City electrical
engineer Tom Small that the State was abandoning a portion of the work on re-
construction of Mile 6-24 of the Seward Highway due to lack of funds. He
stated he had been informed that Mile 6-18 would go to bid; however, the
construction plans for Mile 19-24 would be discontinued. He further stated
he was trying to contact the Governor and would follow up on the issue and
keep the Council informed.
B. City Manager distributed the job description for the proposed
position of Contract Administration Clerk and requested approval of the
position, stating he was creating a new job title, however, the position
PAGE 190
REGULAR MEETING - APRIL 10, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
PERSONNEL:
(cont'd)
was a budgeted one. In answer to a statement from Potts, City Manager stated
he would monetarily justify the position on a quarterly basis. It was moved
by Mott, seconded by Potts and unanimously carried that the City Manager be
authorized to fill the position of Contract Administration Clerk.
C. City Manager stated the City had received a signed copy of
the contract for Fiscal Year 1978-79 with the State ferry system for pre-
ferential berthing at the 4th Avenue Dock and lease of the "old depot" in
the Waterfront Tracts.
BIDS/PURCH
AGENT:
D. City Manager tltated the City needed a new tar pot, a budgeted
item for the current fiscal year. He stated he had received quotes from two
sources; one at $3575.10 and the other at $3060.50. He asked that if the
Council approved the purchase, they also waive the advertising requirements
due to the limited places where such a piece of equipment could be purchased.
It was moved by Gillespie, seconded by Leer and unanimously carried to give
the City Manager authority to accept Craig Taylor Equipment's bid on the
tar pot at $3060.50 and waive the advertisement requirements.
E. City Manager distributed and spoke and answered questions on
the Quarterly Budget Report for the third quarter ending March 31, 1978, and,
with Council consent, scheduled the item for discussion at the Council meeting
of April 24. He further stated if there was no objection, at the next meeting
he would present a resolution authorizing him to transfer funds within a
department in order to balance out those budgeted areas where a department
was overexpended with the over-budgeted areas.
COUNCIL:
F. City Manager, with Council consent, requested that he be removed
as a voting member from the Seward Public Relations Ad Hoc Committee and be
appointed as an ex-officio member only.
XIII.
COUNCIL DISCUSSION:
LEG REPS: A. Vincent referred to April 7, 1978, letter from the Mayor of
Anchorage, requesting the Council support HB 886 regarding the funding of
municipal capital improvements and noted that an overwhelming majority of
the funds would be allocated to Anchorage and Fairbanks if the bill passed.
Vincent, with Council consent, asked that the City Clerk direct a letter to
the City's representatives in the State Legislature, opposing House Bill 886.
SISTER CITY: B. Campbell spoke in support of the student exchange program with
Obihiro, Japan, and asked that Council formally support the program this
year. He further requested Council support the attendance of the Obihiro
Mayor and his wife at the City's 75th Anniversary celebration in August and
also support the high school band traveling to Obihiro in 1982 for its 50th
Anniversary if Obihiro supported such a proposal. Campbell stated the students
who would be traveling to Obihiro in 1982 if the proposal was approved would
have to start planning now and saving money. Following discussion, it was
moved by Campbell, seconded by Mott and unanimously carried to promote the
exchange program in all of its facets with a budget of $2500. In answer
to a question from the City Manager, Campbell confirmed the $2500 would be
to pay for the Obihiro Mayor and his wife to travel to Seward this summer.
C. Gillespie asked the status of the electrical tariffs and City
Manager stated he had recently received a revised draft and the matter would
be scheduled for discussion at the April 24 Council meeting.
D. In answer to a question from Mott, City Manager stated the
Public Works Department was sweeping the City streets and he would have a
proclamation ready for the next meeting declaring the first week in May
as Clean-up Week.
E. Potts asked to be excused from the April 24 Council meeting
because he would be out of town.
PAGE 191
REGULAR MEETING - APRIL 10, 1978
VOLUME 18
XII I.
COUNCIL DISCUSSION:
(cont'd)
F. Potts asked if any anti-recession funds were available for
construction of another baseball field and a refreshment stand. City Manager
stated partial funding of another ball field would come from anti-recession
funds and stated if lumber would be donated, a refreshment stand would be
constructed by the City. Potts further stated that the Little League district
play-offs would be held in Seward the coming summer and the organization
would need local volunteers and support from the City.
I
XIV.
CITIZENS' DISCUSSION:
A. Ron Lewis, 417 6th Street, and George T. Sawyer, 429 5th Street,
appeared from the audience and spoke against the public hearings conducted and
final vote by the Planning and Zoning Commission at its meeting of April 6,
1978, granting a conditional use permit to Daren E. Miller for construction of
a 16 unit apartment complex on Lots 26-30, Block 22, Original Townsite. Lewis
stated he had appealed the action to the Kenai Peninsula Borough. Planning
and Zoning Commission Chairman Leirer appeared and spoke briefly on the pro-
ceedings of the Commission at the April 6, 1978, meeting.
B. Leirer spoke on the disposition of the Jesse Lee Home and
against using the structure as a city hall or park.
C. Robin Odak appeared and asked if the Council would grant an
additional time period for the people living in the house on the Jesse Lee
Home property to find another place to live. Hugli stated the City faced
a liability problem and, therefore, could not extend the time period.
xv.
ADJOURNMENT:
The meeting was adjourned at 10:36 p.m.
I
The Council immediately went into executive session regarding City
)
,
//
~/)
/
\
-z
~ay:Jd~L.
Mayor
~'
HugH
------------------------------------------------------------------------------
PAGE 191
SPECIAL MEETING - APRIL 21, 1978
VOLillm 18
I.
CALL TO ORDER:
The April 21, 1978, special meeting of the Seward City Council was
called to order at 1:20 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
I
Councilmember Mott led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie, Leer,
Mott, Potts and Vincent
Present also: City Manager Johnson, City Attorney Jarrell, City Clerk-
Treasurer Shanley and Administrative Assistant Schaefermeyer
PAGE 192
SPECIAL MEETING - APRIL 21, 1978
VOLUME 18
IV. SPECIAL ITEMS:
ORIGINAL
TOWNSITE:
A. Sitting as a Board of Adjustment, the Council heard the appeal
as filed by Ronnie L. Lewis of the City's granting of a conditional use permit
to Daren E. Miller for construction of a 16 unit apartment complex on Lots 26-
30, Block 22, Original Townsite, and the following items were noted:
"Notice of Special Heeting - April 21, 1978"
as posted and published in the local newspaper
on April 20, 1978
"Notice" and "Affidavit of Mailing" in the appeal
of Ronnie L. Lewis v. Planning and Zoning Commission
of the City of Seward, Alaska, and Daren E. Miller,
d/b/a Miller Co., dated April 11, 1978
"Amended Notice of Special Meeting and Public Hearing -
Seward Planning and Zoning Commission - April 6, 1978"
as published two times in the local newspaper and dis-
tributed to all abutting property owners within a 300
foot radius of the subject property
Seward Advisory Planning and Zoning Commission special
meeting minutes of April 6, 1978, at which time the
public hearing on the conditional use permit on subject
lots as requested by Daren E. Miller, was held and the request
acted upon favorably by the Commission
Letter dated April 3, 1978, from Thomas V. Johnston
objecting to the proposed high density housing in the
area
"Agreement" dated March 30, 1978, between Chugach
Development Corp., Daren E. Miller d/b/a Hiller Co.,
and Ronnie L. Lewis
Ordinance No. 455 enacted by the City Council on
March 27, 1978, entitled:
An Ordinance Establishing Special Notice
Procedures for Public Hearings on Zoning
Matters Under Prescribed Circumstances and
Declaring an Emergency
Resolution No. 78-16 approved by the City Council on
March 27, 1978, entitled:
A Resolution Scheduling a Special Public
Hearing Before the Planning and Zoning Com-
mission in the Matter of a Certain Conditional
Use Permit Application (Miller)
March 24, 1978, letter from Daren Hiller, requesting
a conditional use permit for 16 one-bedroom units to
be constructed on subject lots
March 10, 1978, letter signed by Geo. T. and Sheri
L. Sawyer III, objecting to proposed construction
March 9, 1978, petition bearing 10 valid signatures
(5 sets of property owners), in opposition to proposed
construction
Minute order of the Planning and Zoning Commission
meeting of August 10, 1977, at which time the conditional
use permit for construction of a 17 unit apartment complex
on the subject lots was approved for issuance to Chugach
Development Corporation
ORIGINAL
TOWNSITE:
(cont'd)
I
I
I
PAGE 193
SPECIAL MEETING - APRIL 21, 1978
VOLUME 18
t,
IV.
SPECIAL ITEMS:
(cont'd)
The following documents were distributed at the meeting:
Appellant's brief as received April 21, 1978,
and filed by John D. Foster, attorney for Lewis
"Oppossition (sic) to Appeal" received April 20,
1978, as filed by Wood and Rhoads, attorney for
Miller
Memorandum dated April 20, 1978, from Seward
Advisory Planning and Zoning Commission Chairman
Leirer to the Board of Adjustment
April 17, 1978, letter from Kenai Peninsula
Borough Clerk noticing of April 24, 1978, hearing
of Lewis' appeal before the Borough Planning
Commission
Ron Lewis appeared from the audience and submitted to the Mayor a petition
bearing signatures in opposition to the proposed construction. In answer
to a question from Mott, Lewis Hasty appeared and stated he signed the
petition as an individual and was not representing the Masonic Temple; Lewis
stated he could not confirm whether John Wilfong signed as an individual or
on behalf of the Americal Legion post. City Clerk read in full the "Decision"
portion of the April 20, 1978, memorandum from Planning and Zoning Commission
Chairman Leirer. City Attorney appeared and stated the Board of Adjustment
had the task of deciding if the Planning and Zoning Commission had made its
decision accurately and responsibly and in compliance with the requirements
of the zoning ordinance. Campbell recommended that the additional documents
distributed at the meeting be reviewed thoroughly prior to the Board making
a decision on the matter. Following discussion, Hugli, with Council consent,
stated the Board of Adjustment would take the matter under advisement and
render its decision as soon as possible.
V.
adjourned at 1:33 p.m.
~-,
{/;\
\",.'
;ay~on<~ L. Hugli '
Mayor
------------------------------------------------------------------------
PAGE 193
REGULAR MEETING - APRIL 24, 1978
VOLUME 18
I.
CALL TO ORDER:
The April 24, 1978, regular meeting of the Seward City Council was
called to order by Mayor Hugli at 7:30 p.m.
II.
OPENING CEREMONY:
Councilmember Mott led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie, Leer,
Mott and Vincent (Absent, with Council consent, was Potts)
Present also: City Manager Johnson, City Clerk-Treasurer Shanley
and Administrative Assistant Schaefermeyer
, '
PAGE 194
REGULAR MEETING - APRIL 24, 1978
VOLUME 18
PROC:
PROCLAMATION:
City Clerk read in full "May - Cleaner Seward Month" proclamation.
It wall moved by Mott, seconded by Campbell and unanimously carried by all
those present to proclaim the month of Mayas "Cleaner Seward Month".
IV. APPROVAL OF MINUTES:
all those
10, 1978,
It was moved by Mott, seconded by Leer and unanimously carried by
present to approve the Council regular meeting minutes of April
as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following amendments be made to the
regular meeting agenda:
VII. Public Hearings:
A. Public hearing on the proposed grant of City-owned
South ~ of Lot 14 and all of Lots 15-20, Block 35,
Original Townsite, to the State of Alaska for
elderly housing construction was cancelled
IX.
Ordinances and Resolutions: C.
2. Proposed Resolution No. 78-19
funds for fiscal year 1978-79
3. Proposed Resolution No. 78-20
funds for fiscal year 1977-78
Resolutions:
regarding anti-recession
was added
regarding anti-recession
was added
X. Unfinished Business:
A. Donald Coisman's default on R-2l development project
on Lots 1-4, Block 4, Oceanview Subdivision, was
continued for two weeks
XII. City Manager Reports:
C. Breeze Inn Motel and Restaurant's Application to the
State Alcoholic Beverage Control Board for "Restaurant
Designation" for minors on premises was added
XIII. Council Discussion:
A. Board of Adjustment decision on the Lewis appeal of
the granting of a conditional use permit to Daren
E. Miller for construction on Lots 26-30, Block 22,
Original Townsite, was added
Following discussion, it was moved by Campbell, seconded by Leer and unanimously
carried by all those present to approve the regular meeting agenda as amended
and the consent calendar as presented and the following actions were taken:
COMPTROLLER:
1. Comptroller's list of Accounts Payable for April
1978 was approved for payment and filed.
SP COM EVENTS:
2. Seward Diamond Jubilee Commission meeting minutes of
March 4 and 15, 1978, was noted for information and filed.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave Kenai Peninsula Borough Assembly report
for April 18, 1978.
VII.
PUBLIC HEARINGS:
ORIGINAL
TOWNSITE:
A. Public hearing on the proposed grant of City-owned South one-
half of Lot 14 and all of Lots 15-20, Block 35, Original Townsite, to the
State of Alaska for elderly housing construction was cancelled at the request
of the City Manager due to unclear ownership of the property and the fact that
the land was situated in a high risk zone as designated by the Corps of Engineers
following the 1964 earthquake.
VIII.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
C COUNCIL:
I
C COUNCIL:
C COUNCIL/
KENAI
BOROUGH:
I KENAI
BORO:
PAGE 195
VOLUME 18
REGULAR MEETING - APRIL 24, 1978
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies being made available to the public, Hugli noted by
title only proposed ordinance regarding the City Council agenda, entitled:
An Ordinance Regarding the City Council
Agenda, Amending Seward City Code
Section 2-14
It was moved by Mott, seconded by Campbell and unanimously carried by all those
present to introduce proposed Ordinance No. 457 and schedule a public hearing
for May 22, 1978.
2. Copies being made available to the public, Hugli noted by
title only proposed ordinance regarding the processing of Council mail, entitled:
An Ordinance Regarding City Council Mail,
Amending Seward City Code Section 2-23
It was moved by Mott, seconded by Leer and unanimously carried by all those
present to introduce proposed Ordinance No. 458 and schedule a public hearing
for May 22, 1978.
3. Copies being made available to the public, Hugli noted by
title only proposed ordinance regarding Council appointment of a Borough
Assembly representative, entitled:
An Ordinance Regarding Council Appointments,
Amending Seward City Code Section 2-9
It was moved by Campbell, seconded by Mott and unanimously carried by all those
present to introduce proposed Ordinance No. 459 and schedule a public hearing
for May 22, 1978.
4. Copies being made available to the public, Hugli noted by
title only proposed ordinance regarding Council representation on the Borough
Assembly, entitled:
An Ordinance Regarding Council Representation
on the Borough Assembly, Amending Seward City
Code Section 2-29
It was moved by Mott, seconded by Leer and unanimously carried by all those
present to introduce proposed Ordinance No. 460 and schedule a public hearing
for May 22, 1978.
C COUNCIL: 5. Copies being made available to the public, Hugli noted by
title only proposed ordinance regarding conflicts of interest, entitled:
I
WATERFRONT
TRACTS/
RES:
An Ordinance Establishing a Code of
Ethics for City Officials, Creating
City Code Section 2-93 Through 2-99
It was moved by Vincent, seconded by Leer and carried as follows to introduce
proposed Ordinance No. 461 and schedule a public hearing for May 22, 1978:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Leer and Vincent
Hugli and Mott
Potts
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
1. "Lease Agreement" between the City of Seward and North Pacific
Rim for lease of that structure known as the "Old Alaska Railroad Carpenter
Shop" located on Tract 2, Waterfront Tracts, was noted. It was moved by Mott,
seconded by Campbell and unanimously carried by all those present to approve
Resolution No. 78-18, approving the lease agreement with North Pacific Rim.
BUDGET/
RES:
BUDGET/
RES:
SEWARD
FISHERIES:
BUDGET:
SCHOOLS/
FEDERAL
ADDN:
PAGE 196
REGULAR MEETING - APRIL 24, 1978
VOLUME 18
IX.
(cont'd)
ORDINANCES AND RESOLUTIONS:
C. Resolutions:
(cont'd)
2. Copies being made available to the public and distributed
to Council, Hugli noted by title only proposed resolution appropriating
$47,598 in Federal anti-recession funds for 1978-79, entitled:
A Resolution Appropriating Anti-Recession
Funds for Use in 1978-79 Fiscal Year Budget
City Manager spoke on the need to appropriate anti-recession funds within
six months after being awarded them by the Federal government. In answer to
a question from Campbell, City Manager stated the funds did not have to be
allocated to existing City departments but could be used to provide new
services. It was moved by Mott, seconded by Leer and unanimously carried by
all those present to approve Resolution No. 78-19.
3. Copies being made available to the public and distributed
to Council, Hugli noted by title only proposed resolution appropriating
$10,763 in Federal anti-recession funds for 1977-78, entitled:
A Resolution Appropriating Anti-Recession
Funds and Revising the City Budget for
Fiscal Year 1977-78 to Reflect the Appropria-
tion of Funds
City Manager reported on the allocation of the funds to the various City
departments. It was moved by Mott, seconded by Campbell and unanimously
carried by all those present to approve Resolution No. 78-20.
X.
UNFINISHED BUSINESS:
Block 4,
the City
A. Donald Coisman's default on R-21 development project on Lots 1-4,
Oceanview Subdivision, was continued for two weeks on the request of
Manager.
B. "Addendum to License Agreement for Seward Municipal Small Boat
Harbor Dock" between the City of Seward and Seward Fisheries, for preferential
use of a portion of that dock, was noted. City Manager stated the document
was the same as presented at a previous meeting with the addition of a clause
specifying that Seward Fisheries would pay all costs for repair of that portion
of the dock covered by the license agreement as of April 24, 1978. He further
stated he had reached a verbal agreement with the Fisheries, if agreeable to
Council, that damage to the dock prior to April 24 would be repaired with 50
percent funding from the City and 50 percent from Seward Fisheries. Following
discussion, it was moved by Gillespie, seconded by Mott and unanimously carried
by all those present to accept the License Agreement Addendum subject to
Seward Fisheries agreeing to pay half of the past damages to the dock.
XI.
NEW BUSINESS:
A. "City of Seward Budget Report" for third quarter ending March
31, 1978, was noted and City Manager spoke and answered questions on the
document. In answer to a question from Campbell, Comptroller Baugh appeared
from the audience and spoke on the progress of transferring the City's accounting
system to the Borough computer.
B. "Amendment to Long Term Lease Agreement" between the City of
Seward and the State of Alaska for lease of the National Guard Armory building
located on Block 6, Federal Addition, was noted. City Manager stated the
Council had, at a previous meeting, voted to waive any interest in the structure
and the amendment as presented would allow for the proposed use of the structure
by the Alaska Skill Center. In answer to a question from Leer, City Manager
stated it would not be possible to incorporate a stipulation in the lease to
allow the City to use the gymnasium on ascheduled basis because the Skill Center
had no intentions of maintaining the building in its present form. Following
discussion, City Manager recommended the Council approve the Lease Amendment and
further stated that if in the future the Skill Center approached the City and
requested a Quitclaim Deed for the property that the City comply with the request.
r, r-
I ;'i I
PAGE 197
REGULAR MEETING - APRIL 24, 1978
VOLUME 18
XI.
NEW BUSINESS:
(cont'd)
SCHOOLS/
FEDERAL
ADDN:
(cont'd)
It was moved by Campbell, seconded by Vincent and carried as follows to approve
the Lease Agreement Amendment for use of the Armory:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli and Vincent
Leer and Mott
Potts
I
C. "City of Seward Electric Utility Department Tariff" draft as
revised March 29, 1978, was noted. Following discussion, Hugli, with Council
consent stated a study session would immediately follow adjournment of the
regular meeting in order to discuss the document with City electrical engineer
Tom Small.
XII. CITY MANAGER REPORTS:
A. April 13, 1978, letter from the Organization for the Management
of Alaska's Resources, Inc. (OMAR) requesting Seward become a sustaining member
of the organization, was noted. Following discussion of the membership fee,
Hugli, with Council consent, stated that the City would not be interested in
becoming a sustaining member of OMAR.
STREETS/
FIRE DEPT/ totaling
SEWAGE TRTMT/
WATER/
JESSE LEE
HTS SUB/
C ENGINEER:
B. Arctic Environmental Engineers' invoices dated April 10, 1978,
$26,968.93 for various engineering work was noted as follows:
I
Invoice No. Project Amount
3478 Seward Paving Proj ect $ 15,864.00
3678 Street Paving 2,347.57
3778 Fire Station Improvements 509.50
3878 Sewage Treatment Facility Plan 2,096.55
3978 Constant Pressure Water Pump 422.79
4078 Jesse Lee Hts. Sewer and Water 292.50
Assessment Roll
4178 Ft. Raymond Well System 784.42
4578 Water Chlorination and General 4,651.60
Support $ 26,968.93
City Manager spoke and answered questions on the various project costs.
Following discussion, it was moved by Campbell, seconded by Leer and unanimously
carried by all those present to approve the invoice payments totaling $26,968.93
to Arctic Environmental Engineers.
ABCB:
C. City Manager stated the City had received the Breeze Inn Motel
and Restaurant's application to the State Alcoholic Beverage Control Board
for "Restaurant Designation" to allow minors on the premises. He stated
the application needed to be signed by the Mayor and Police Chief and assured
the Council that the application had nothing to do with support of the liquor
license as acquired by Plymire and opposed by the City. It was moved by
Gillespie, seconded by Campbell and carried as follows to authorize the Mayor
and Police Chief to sign the Breeze Inn's application:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer and Vincent
Mott
Potts
FIRE DEPT:
I
D. April 21, 1978, letter from the U.S. Economic Development Admin-
istration and notice of Offer of Grant in the amount of $36,000 for weatheriza-
tion and repair of the City fire station, was distributed. Following discussion,
it was moved by Mott, seconded by Leer and unanimously carried by all those
present to accept the grant award offer for fire station repairs.
'ELECTRIC
WATER:
DEPT/ E. City Manager stated the administration had received a telegram
from Senator Ted Stevens notifying that the City had been awarded a grant for
a feasbility study of installing a low head hydroelectric power system at
Lowell Canyon.
. 'i)
PAGE 198
REGULAR MEETING - APRIL 24, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
F. City Manager gave a progress report on the City's sewage
treatment facility and stated that although there were still several
requirements to be met, it appeared the City would be relieved from the
secondary treatment stipulations for sewage treatment.
G. City Manager stated that the Governor's office had reassured
him that reconstruction of the Seward Highway from Mile 6-24 would proceed.
ORIGINAL
TOWNSITE:
H. City Manager stated that the Borough Planning Commission had
dismissed the application of Ronnie Lewis to hear his appeal regarding the
Seward Planning and Zoning Commission's issuance of a conditional use permit
to Daren E. Miller for construction of a 16 unit apartment complex on Lots
26-30, Block 22, Original Townsite.
--'
JESSE LEE HOME: I. City Manager stated the City had issued an eviction notice
to the people living on the Jesse Lee Home property and the notice had a
vacation deadline of Friday, April 28; however, the individuals had been
in his office that afternoon requesting an extension, which had been denied
by the administration. Administrative Assistant spoke on the civil proceedings
to be followed in evicting the people from the premises.
PKS & REC:
J. City Manager asked for approval to appoint a five member
Recreation Commission to resolve conflicts and assist in the scheduling of
activities and submitted the names of Larry Potts, Charles See, Marsha
Vincent, Dorothy Urbach and Marie Fletcher; Council voiced no objection.
XIII.
COUNCIL DISCUSSION:
ORIGINAL
TOWNSITE:
A. At the request of Hugli, City Clerk read in full "Decision of
the Board of Adjustment" regarding Ronnie L. Lewis v. the City of Seward
Planning and Zoning Commission and Daren E. Miller as related to the conditional
use permit for construction of a 16 unit apartment complex on Lots 26-30,
Block 22, Original Townsite. It was moved by Mott, seconded by Campbell
and carried as follows to approve the Decision as read, upholding the issuance
of the conditional use permit to Daren E. Miller, d/b/a Miller Company:
Ayes:
Noes:
Absent:
Abstain:
Campbell, Hugli, Leer, Mott and Vincent
None
Potts
Gillespie
B. In answer to a question from Vincent, City Manager stated the
campground would be patrolled the coming summer and suggested Council consider
contracting for the collection of the camping fees and raise those fees to
allow monies for adequately maintaining the camping areas. He stated he would
have a draft of camping rates and a contract for collection of the fees for
presentation to Council at its next meeting.
C. Campbell requested the administration urge the Borough Attorney
to act promptly in approving the City zoning ordinance.
XIV. CITIZENS' DISCUSSION:
A. Eva Culbertson appeared and asked about the requirements for
fire escapes and cited Bayside Apartments, stating a dangerous situation
existed because the residents on the second story did not have access to a
fire escape. Fire Chief Watsjold appeared from the audience and stated
that Bayside Apartments had passed State Fire Marshall inspection and had
met all required codes and further explained that two story buildings were
not required to have fire escapes.
B. Dave Reynolds, Seward Youth Services Center Director, appeared
and spoke in support of the City Recreation Program and Director Christy Nelson.
C. Pat Williams appeared and spoke against the manner in which the
Council Chambers was arranged and stated that the audience could not hear the
proceedings and suggested that the people attending the meeting be able to sit
closer to the Council.
PAGE 199
REGULAR MEETING - APRIL 24, 1978
VOLUME 18
xv.
ADJOURNMENT:
The meeting was adjourned at 8:55 p.m. and the Council immediately
went into a study session in order to discuss the City of Seward Electric
Utility Department tariffs.
I
Hugli, with Council consent, scheduled a study session for Monday,
May 1, 1978, commencing at 7:30 p.m., in order to discuss the electric utility
tariffs and the proposed City budget for fiscal year 1978-79.
,~Z),?
,)~'~~ SEVr/ ~
/'1 .... "'., l" ~;,,- :.,;. ,\;; '~)
"~~ ;f'
J ~ne E. Shanley:
Cit% Cl~rk~Treasurer
" " ,- f/
(Cit~->S, ~~lJ'{I':'i~-'\';: .'~. {-.~f'
"'Q .so r ',,, ' ~ '? ,(,-'
\~,q r[ OF f"\: /" '
00~,
_/ Ie
tta';mon}L.
Mayor
!j
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Hugli
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--------------------------------------------------------------------------
PAGE 199
REGULAR MEETING - MAY 8, 1978
VOLUME 18
I.
CALL TO ORDER:
The May 8, 1978, regular meeting of the Seward City Council was
called to order at 7:30 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
I
Councilmember Gillespie led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Leer, Mott, Potts and Vincent
Present also: City Manager Johnson, City Attorney Jarrell, City
Clerk-Treasurer Shanley and Administrative
Assistant Schaefermeyer
PROC:
PROCLAMATIONS:
City Clerk read in full "May - Older Americans Month" proclamation
and the Mayor so proclaimed.
City Clerk read in full proclamation declaring May 14-20, 1978,
as Municipal Clerk's Week and the Mayor so proclaimed.
Upon the request of the Mayor, it was moved by Vincent, seconded by Campbell
and unanimously carried to immediately meet in executive session regarding
financial matters. The Councilmembers, City Manager and City Attorney
left the Council Chambers at 7:34 p.m.; returned at 7:50 p.m. and the regular
meeting reconvened.
I
IV.
APPROVAL OF MINUTES:
It was moved by Mott, seconded by Campbell and unanimously carried
to approve the minutes of the special meeting of April 21 and the regular
meeting of April 24, 1978, as written.
~ : ( )
STREETS, RDS,
HIGHWAYS:
INSURANCE/
HARBOR:
JESSE LEE HOME:
ELECTRIC
DEPT:
STREETS, RDS,
HIGHWAYS:
POLICE DEPT:
ABC B:
PAGE 200
REGULAR MEETING - MAY 8, 1978
VI1lLUME 18
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested the following amendments be made to the
regular meeting agenda:
VII. Public Hearings:
B. Street paving - added
IX. Ordinances and Resolutions: C. Resolutions:
1. Proposed Resolution No. 78-21 amending Resolution
No. 78-19 - continued to a later date
2. Proposed Resolution No. 78-22 setting the City
Manager's salary - continued to a later date
3. Proposed Resolution No. 78-23 setting the City
Clerk-Treasurer's salary - continued to a later
date
XII. City Manager Reports:
E. Senior citizen property - added
City Manager requested that consideration of the tranfer of location of the
Seward Trading Company Liquor Store be added as item 7. under the consent
calendar.
It was moved by Campbell, seconded by Mott and unanimously carried to approve
the regular meeting agenda and the consent calendar as amended and the
following actions were taken:
1. April 24, 1978, letter from Special Assistant to the
Governor Dodson, confirming the Seward Highway re-
construction project from Mile 6-2~was presented
for information and filed.
2. April 26, 1978, letter from Clary Insurance Agency,
regarding reduced premiums for pleasure boat~ was
presented for information and filed.
3. April 25, 1978, letter from Tom Taggar4 on behalf of
the McNutts living on the Jesse Lee Home property,
was presented for information and filed.
4. CH2M Hill Invoice No. 9338 for electrical services
rendered through March 2~ 1978, in the amount of $1,741.18
was approved for payment and filed.
5. CH2M Hill Invoice No. 9339 for highway utility relocation
services rendered through March 24, 1978, in the amount
of $72.15 was approved for payment and filed.
6. May 1, 1978, letter from Roy W. Mattso~ supporting the
Seward Police Department, was presented for information
and filed.
7. May 5, 1978, letter from the Alcoholic Beverage Control
Board, noticing of request for transfer of location of
the Seward Trading Company Liquor Store was filed without
objection.
VI. BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave Kenai Peninsula Borough Assembly report
for May 2, 1978.
JESSE LEE
HOME:
I
STREETS, RDS,
HIGHWAYS:
I
PKS & REC/
ORDS:
I
PAGE 201
VOLUME 18
REGULAR MEETING - MAY 8, 1978
VII.
PUBLIC HEARINGS:
A. Public hearing was opened on the future disposition of Jesse
Lee Home and "Notice of Public Hearing" as published in the local newspaper
on April 13, 27 and May 4, 1978, was noted. Upon the request of the Mayor,
City Clerk read in full letter dated May 6, 1978, from Margaret Anderson,
supporting subdivision of the tracts for sale as residential lots; and letter
dated May 8, 1978, from Donna Kowalski in support of preservation of the
historic buildings. Larry Urbach, Jesse Lee Heights Subdivision, and Bob
White, Clearview Addition, appeared from the audience and spoke in support
of residential subdivision and sale of the land. Pat Williams appeared and
spoke in support of boarding up the buildings and declaring a moratorium on
any action involving the property for a period of five years. No one else
appeared from the audience in order to be heard and the public hearing was
closed. Hugli scheduled another public hearing on the issue for June 12,
1978, and so directed the Clerk to advertise.
B. Public hearing was opened on the street paving project currently
underway in the City. City Manager and Sid Clark of Arctic Environmental
Engineers spoke and answered questions on financing and various construction
aspects of the project. Marvin Viale and Oscar Watsjold appeared from the
audience and spoke against the large culverts being placed in the 500 block
of Second Avenue. Clark set forth a comparison of the various alternatives
the City had for drainage and the reasons AEE chose 18 inch culverts. In
answer to questions from Paul Pichotta of Clearview Addition and Roy Mattson
of Second and Van Buren, City Manager and Clark commented on the extent of the
paving project and the placement of culverts. City Manager stated the paving
crew was working with the citizens in order to try to satisfy everyone. In
answer to a question from Mott regarding paving of sidewalks from the schools
past Jesse Lee Heights Subdivision and to Clearview Addition, City Manager
stated there were not funds available in the current project for such paving;
however, funds might be made available by the legislature according to reports
received from Representative Lovseth and, if so, the City would proceed with
the sidewalk construction. Campbell, with Council consent, requested that
the paving crew complete a short distance of the street and culvert work so
the property owners could visually see what the completed project would look
like and, if disagreements still existed, to have the subject again come
before Council. In answer to a question from Potts, Clark confirmed that
this request would not hinder the progress of the paving project.
VIII.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies being made available to the public and distributed
to Council, Hugli read by title proposed Ordinance No. 462, entitled:
An Ordinance Regarding Camping, Creating
City Code Section 14-81.1 and Declaring
an Emergency
City Manager explained that in the past the City had collected camping fees
but had recently discovered that there was no provlslon in the City Code
providing for such collection; therefore, the ordinance was presented to
provide the collection authority. He further explained the ordinance was
presented as an emergency measure due to the fact that the City wanted to
begin collecting the camping fees in the near future. Following discussion,
it was moved by Mott, seconded by Leer and unanimously carried to enact
emergency Ordinance No. 462.
'1
PAGE 202
REGULAR MEETING - MAY 8, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
B. Ordinances for Public Hearing and Enactment:
ANIMAL
CONTROLS:
1. Copies being made available to the public, Hugli read by
title only proposed Ordinance No. 456 regarding dogs, entitled:
An Ordinance Relating to Dogs, Amending
City Code Sections 4-10, 4-24 and 4-35
"Notice of Public Hearing" as published in the local newspaper on April
13 and May 4, 1978, was noted and public hearing was opened. Letter dated
May 8, 1978, from Ruth E. McHenry urging Council support of the proposed
ordinance, was distributed. Bob White, Clearview Addition; Les Dooley,
Forest Acres; Val Anderson; Larry Urbach, Jesse Lee Heights Subdivision;
Chris Werner; Paul Pichotta, Clearview Addition; Genevieve Schaefermeyer
and Barbara Blowers appeared from the audience and spoke in opposition
to various provisions of the proposed ordinance. Joanne McCabe appeared
and spoke in support of enactment of the ordinance. Following discussion,
Urbach recommended that license fees for all dogs should be set at $5.00,
regardless of male or female and whether or not spayed/neutered. It was
further recommended by members of the audience that the proposed pound
fees be reduced. City Manager commented on provisions of Kenai's dog
ordinance and stated the City had intensified periods for enforcement of
the leash law and those periods were advertised in advance. Following
discussion, City Manager confirmed he would have the ordinance rewritten
based on the comments received and Hugli directed the City Clerk to schedule
a public hearing on the amended ordinance for June 12, 1978.
C. Resolutions:
1. Proposed resolution amending Resolution No. 78-19 regarding
the appropriation of anti-recession funds was continued to a later date.
2. Proposed resolution setting the City Manager's salary
for fiscal year 1978-79 was continued to a later date.
3. Proposed resolution setting the City Clerk-Treasurer's
salary for fiscal year 1978-79 was continued to a later date.
PKS & REC:
4. Copies being made available to the public, Hugli read by
title only proposed resolution regarding campgrounds and camping fees,
entitled:
A Resolution Designating Areas as Camp-
grounds and Establishing Camping Fees
City Manager explained that the resolution, if adopted, would designate
camping areas and set fees as provided for in Ordinance No. 462. Vincent,
with Council consent, recommended that the daily fee be $4.00 if the City
had to collect the fee and $3.00 if the camper paid the fee at the Harbor
Master's office on his own initiative. City Manager stated he would have
the resolution rewritten to provide for the suggested fee differential and
schedule the resolution for consideration at the next Council meeting.
x.
UNFINISHED BUSINESS:
OCEANVIEW
SUBDIVISION:
A. The following items were noted as to Donald Coisman's default
on the R-2l development project on Lots 1, 2, 3 and 4, Block 4, Oceanview
Subdivision:
A portion of the City Council meeting minutes of
June 27, 1977, at which time Council have Coisman
a 30 day extension to submit plans and apply for
the required building permits
OCEANVIEW
SUB:
(cont'd)
I
HARBOR:
ELECTRIC/
4TH OF JULY
CREEK AREA:
I
I
PERSONNEL:
PAGE 203
REGULAR MEETING - MAY 8, 1978
VOLUME 18
X.
(cont'd)
UNFINISHED BUSINESS:
A portion of the City Council meeting minutes
of September 26, 1977, at which time Council
granted Coisman a 90 day extension in order
to obtain assurance of financing
March 6, 1978, letter from City Manager to
Coismannotifying of default and scheduling
of the matter to be heard before the Council
for action
Administrative Assistant stated Darell Jelsma of the National Bank of Alaska
had assured the City administration that Coisman would have no problem receiving
the necessary financing; however, the process was delayed until an appraisal
was completed on the property. In closing, Administrative Assistant, with
Council consent, recommended Council grant another time extension to order to
allow Coisman the opportunity to obtain the necessary assurance of financing
as required by the ASHA urban development project specifications.
XI. NEW BUSINESS:
A. April 12, 1978, letter from the Alaska Corps of Engineers, request-
ing comments relative to the City's deep draft harbor facilities, was noted.
City Manager stated the letter would be presented to the Harbor Commission
and the administration would prepare a detailed reply to the letter and bring
the matter before Council at a later date.
XII.
CITY MANAGER REPORTS:
A. City Manager stated the City had received two Coastal Energy
Impact Program (CEIP) grants - one for a feasibility study of the 4th of July
Creek area as an industrial park and the second fer engineering design for
renovation of the City electrical utility distribution system. He stated
the City had received proposals from various engineering firms but only those
proposals of CH2M Hill and Arctic Environmental Engineers were totally responsive.
Tom Small and Chuck Torkko of CH2M Hill appeared and gave a verbal presentation
of their firm's proposal for the two grant projects. City Manager distributed
the contract proposals to the Council and comparative rates of various electrical
systems on the Kenai Peninsula. He recommended that since CH2M Hill was the
only acceptable firm to submit a proposal for the electrical work that Council
award the contract so work could begin. Vincent voiced objection to proceeding
with the engineering work when the City had not yet made a decision on whether
to maintain the system or sell it. Mott stated that the system needed upgrading
no matter what action the City decided to take and further commented that the
inventory to be conducted as part of the contract would be helpful in deter-
mining the value of the system. Following discussion, it was moved by Mott,
seconded by Gillespie and carried as follows to award the contract for the
electrical distribution system engineering design to CH2M Hill:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer, Mott and Potts
Vincent
None
RECESS: The meeting was recessed at 10:13 p.m.; reconvened at 10:20 p.m.
Sid Clark of Arctic Environmental Engineers appeared and presented a verbal
presentation on his firm's proposal for completing the feasibility study
on the 4th of July Creek area pursuant to the grant award. City Manager
distributed the written proposal to the Council and stated a decision on
award of the contract did not need to be made immediately.
B. April 25, 1978, letter from Raymond A. Gillespie, legal counsel
for David Bryson, regarding City employment was noted and City Manager stated
he would answer any Council questions on the matter.
~JJ ,\
PERSONNEL:
TELEVISION:
LOC ORGS:
ALASKA,
ST OF:
LEG REPS:
PKS & REC:
PAGE 204
REGULAR MEETING - MAY 8, 1978
VOLUME 18
XII.
(cont'd)
CITY MANAGER REPORTS:
C. City Manager distributed letter dated March 9, 1978, from William
M. Mercer, Inc. and attached "Summary of the Provisions of the Alaska Public
Employees' Retirement System as of July 1, 1975", and "Retirement Program
Comparison" as prepared by the City Attorney, comparing the City's current
pension plan with the State plan. City Attorney spoke and answered questions
on the two retirement plans.
D. City Manager distributed list of those individuals who refused
to sign a television exemption form or pay the monthly fee. He stated that
it was difficult to enforce the City ordinance due to the fact that the
individuals involved - Donald Lynch, Michael Lynch and Leroy Hollman -
lived outside the City limits. City Attorney stated the City could take
the matter before Small Claims Court and Hugli, with Council consent,
directed the Attorney to prepare the necessary forms to initiate Small
Claims Court proceedings.
E. City Manager gave a verbal report on the senior citizens' need
for 34,000 square feet of land prior to the final approval of 36 units of
senior housing to be constructed by Alaska State Housing Authority. He
stated that the seniors' request for the South one-half of Lot 14 and all of
Lots 15-20, Block 35, Original Townsite, had been denied due to the Corps of
Engineers designation of that area as a high risk zone and various clouds
on the City's title to the land. He stated the City had offered land in the
Lowell Canyon area but the seniors had rejected the site and, upon further in-
vestigation, it was discovered that not enough buildable land existed at
the site. In conclusion, he stated funds were available for purchase of the
needed property and asked Council permission to proceed in that direction.
Senior Citizens Project Director Georgianna Gesto appeared from the audience
and spoke on the subject. Following discussion, Hugli, with Council consent,
authorized the City Manager to advertise for the necessary land and report back
to Council at a later date.
F. City Manager stated that the local representative for the Depart-
ment of Fish and Game had requested that the lease agreement for placement of
the fish trapping facility at the north end of the lagoon be amended from
10 to 20 years. Potts, with Council consent, stated the agreement should
remain at 10 years.
G. Administrative Assistant reported on Senate Bill 599 entitled
"An Act Relating to Regulation of the Sale of Alcoholic Beverages by
Municipalities", and following discussion, Hugli, with Council consent,
stated the Council supported the legislation.
H. City Manager distributed copies of City of Seward Resolution No.
952 regarding the access road to Exit Glacier, entitled:
A Resolution Requesting that the United States
Grant an Easement or Permit to Allow the
Continued Existence of the Road in the Resur-
rection River Recreation Area Allowing Access
to Exit Glacier
He spoke on the memorandum of understanding attached to the resolution and
stated negotiations were pending regarding execution of the memorandum and
the administration would keep the Council informed on any action to be taken.
I. City Manager stated in the near future he might have to travel
to Washington D.C. to testify regarding the City's exemption from secondary
sewage treatment requirements and would at the same time oppose the Chugach
Natives selection of land in the 4th of July Creek area and the overwhelming
amount of paperwork accompanying various Federal grant projects.
III
I
I
PAGE 205
REGULAR MEETING - MAY 8, 1978
VOLUME 18
XIII.
COUNCIL DISCUSSION:
A. City Manager requested a work session be scheduled for discussion
of the proposed City budget for fiscal year 1978-79. Hugli scheduled a Council
study session for Monday, May 15, 1978, commencing at 7:30 p.m., in order to
discuss the budget, the City employees' retirement plan, selection of a consultant
for the 4th of July Creek area industrial park feasibility study and Jesse
Lee Home.
B.
be scheduled
May 8, 1978,
Gillespie requested reconsideration of the City's water rates
for the next Council meeting and referred to the letter dated
from the public relations ad hoc committee member Julie Renwick.
C. In answer to a question from Gillespie, City Manager stated the
algae growth in the lagoon was harmless but stated he would investigate the
possibility of cleaning it up.
XIV.
CITIZENS' DISCUSSION:
A. Oscar Watsjold appeared from the audience and asked that out
housed be placed at the ball fields. City Manager confirmed this would be
done.
B. Val Anderson appeared and stated a dangerous situation existed
at the 4th Avenue Dock due to missing pieces of bullrail; City Manager stated
he would investigate the matter.
XV. ADJOURNMENT:
. I I.' I'--:-:.'/.. ))>--..,
,ri;}1\~, ~~1
r', "- " .'~"'" ~'1'
'",,"" c ';'" i" ", ~,; ,:, " '-"
'/'\~' ~C~K.f:' .J
J rme, E . Shanley , .
" .
Ci~ Cl,e~tT:ea:~r~\~"
(Ci&;tdl~ ~~~.?\&'
"<.<,a;a:a~."
adjourned at 11:31 p.m.
/....
I
I
/
/
PAGE 205
REGULAR MEETING - MAY 22, 1978
VOLUME 18
I.
CALL TO ORDER:
The May 22, 1978, regular meeting of the Seward City Council was
called to order at 7:30 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Vincent led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Leer, Mott, Potts* and Vincent
Present also: City Manager Johnson, City Attorney Jarrell, City
Clerk-Treasurer Shanley and Administrative Assistant
Schaefermeyer
IV.
APPROVAL OF MINUTES:
It was moved by Mott, seconded by Leer and unanimously carried by
all those present to approve the regular meeting minutes of May 8, 1978, as
written.
PAGE 206
REGULAR MEETING - MAY 22, 1978
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that proposed Resolution No. 78-23 regarding
the disposition of property in the Marathon Addition for senior citizen housing
be added to the agenda as item IX. C. 3. He further commented that consent
calendar item 4., OEDP minutes, contained an erroneous statement regarding dock
construction (l.B.) and he would clarify the information with the committee.
Following discussion, it was moved by Campbell, seconded by Mott and unanimously
carried by all those present to approve the regular meeting agenda as amended
and the consent calendar as presented and the following actions were taken:
COMPTROLLER:
1. Comptroller's list of Accounts Payable for May 1978
was approved for payment and filed.
K P BOROUGH:
2. May 10, 1978, Statement from Kenai Peninsula Borough
for computer services for March - June 1978, totalling
$3,082.70 was approved for payment and filed.
3. "Notice of Special Assembly Meeting" scheduled for
June 13, 1978, regarding ALPETCO was noted for information.
4. OEDP meeting minutes of May 4, 1978, were noted for
information.
5. "Monthly Summary of Foreign Fishing Activities Off
Alaska for October 1976" was noted for irtiformation.
WATER DEPT:
6. "Periodic Estimate for Partial Payment" received May 17,
1978, from Alaska Mechanical, Inc. for work done on
constant pressure pump station, totalling $17,325.00,
was approved for payment and filed.
*COUNCILMEMBER POTTS ARRIVED AT THIS TIME AND THEREAFTER TOOK PART IN THE MEETING.
VI. BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave Kenai Peninsula Borough Assembly
report for May 16, 1978.
VII. PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment:
C COUNCIL!
ORDS:
1. Copies being made available to the public, Hugli read
by title only proposed Ordinance No. 457 regarding the City Council agenda,
entitled:
An Ordinance Regarding the City Council
Agenda, Amending Seward City Code Section 2-14
Public hearing was opened on the ordinance; no one appeared from the audience
in order to be heard and the public hearing was closed. Following discussion,
it was moved by Mott, seconded by Gillespie and unanimously carried to enact
Ordinance No. 457.
C COUNCIL/
ORDS:
2. Copies being made available to the public, Hugli read
by title only proposed Ordinance No. 458 regarding the processing of Council
mail, entitled:
An Ordinance Regarding City Council Mail,
Amending Seward City Code Section 2-23
COUNCIL/
RDS:
(cont'd)
P BOROUGH/
RD.
P BOROUGH/
RDS:
I
I
PAGE 207
REGULAR MEETING - MAY 22, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
B. Ordinances for Public Hearing and Enactment:
(cont'd)
Public hearing was opened on the ordinance; no one appeared
in order to be heard and the public hearing was closed. It
Campbell, seconded by Leer and unanimously carried to enact
from the audience
was moved by
Ordinance No. 458.
3. Copies being made available to the public, Hugli read
by title only proposed Ordinance No. 459 regarding Council appointment of
a Borough Assembly representative, entitled:
An Ordinance Regarding Council Appointments,
Amending Seward City Code Section 2-9
Public hearing was opened on the ordinance; no one appeared from the audience
in order to be heard and the public hearing was closed. City Manager stated
that the Borough would no longer accept alternate Borough Assembly representa-
tives as stated in the ordinance and recommended the document be amended. It
was moved by Campbell, seconded by Potts and unanimously carried to amend
proposed Ordinance No. 459, the second paragraph to read as follows:
"The council shall elect one of its members
as borough assemblyman on the first Monday
following each regular city election."
It was moved by Mott, seconded by Leer and unanimously carried to enact
Ordinance No. 459.
4. Copies being made available to the public, Hugli read
by title only proposed Ordinance No. 460 regarding Council representation
on the Borough Assembly, entitled:
An Ordinance Regarding Council Represen-
tation on the Borough Assembly, Amending
Seward City Code Section 2-29
Public hearing was opened on the ordinance; no one appeared from the audience
in order to be heard and the public hearing was closed. City Manager stated
that the reference to an alternate as contained in paragraph (b) of the
ordinance should be removed. Vincent voiced objection to the need to show
"hardship", as stated in paragraphs (d) and (e), before the representative could
be excused from serving. Following discussion, it was moved by Gillespie,
seconded by Leer and carried as follows to enact amended Oridnance No. 460
by deleting paragraphs (b), (d) and (e) and renumbering paragraph (c) to (b):
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer, Potts and Vincent
Mott
None
5. Copies being made available to the public, Hugli read
by title only proposed Ordinance No. 461 regarding conflicts of interest,
entitled:
An Ordinance Establishing a Code of
Ethics for City Officials, Creating
City Code Sections 2-93 Through 2-99
Public hearing was opened on the ordinance; no one appeared from the audience
in order to be heard and the public hearing was closed. City Manager and City
Attorney spoke and answered questions on various aspects of the proposed
ordinance. It was moved by Vincent, seconded by Campbell, but later withdrawn,
to enact Ordinance No. 461. Following discussion with various Councilmembers
voicing objection to Sections 2-94, 2-95 and 2-96, it was moved by Vincent,
seconded by Mott, but later withdrawn to enact amended Ordinance No. 461,
containing only Sections 2-93, 2-97, 2-98 and 2-99. City Manager, with
Council consent, recommended the ordinance be rewritten, taking into considera-
tion the Council's discussion, and again presented for introduction at the
next Council meeting.
PAGE 208
REGULAR MEETING - MAY 22, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
BUDGET/
RES:
1. Copies being made available to the public and distributed
to Council, Hugli read by title only proposed Resolution No. 78-21 regarding
anti-recession funds appropriations, entitled:
A Resolution Amending Resolution No. 78-19
to Prevent Duplicate Allocations of Special
Projects Monies
City Manager stated that a portion of the anti-recession funds designated
in Resolution No. 78-19 had been appropriated twice and this resolution,
if adopted, would correct that error. It was moved by Mott, seconded by
Leer and unanimously carried to approve Resolution No. 78-21.
PKS & REC/
RES:
2. Copies being made available to the public, Hugli read by
title only proposed Resolution No. 78-22 regarding camping areas and fees,
entitled:
A Resolution Designating Areas as Camp-
grounds and Establishing Camping Fees
City Manager recommended the resolution as presented be amended by removing
the previously proposed discount if the camper paid in advance at the harbor,
due to the administrative difficulties involved in the discount proposal; and
further recommended that the daily camping fee be set at $3 per day. In
answer to a question on revenue received from the camping fees, City Manager
stated the City had not realized any additional revenue by collecting the
fees with City employees' services last summer rather than the previous
policy of contracting for the collectio~with the contractor retaining 25
percent of the proceeds. Potts voiced concern that if the City did contract
for the collection service, the contractor should be required to carry
insurance so the City would be cleared of any personal liability claims.
Following discussion, it was moved by Mott, seconded by Leer and carried
as follows to approve Resolution No. 78-22 as amended, setting the fee at
$3 per day, payable in advance, and omitting the discount clause:
Ayes:
Noes:
Absent:
Gillespie, Hugli, Leer and Mott
Campbell, Potts and Vincent
None
It was moved by Gillespie, seconded by Mott and carried as follows to give
the City Manager the authority to enter into a contract with an individual
or business for collection of the camping fees at 25 percent of the gross
receipts:
Ayes:
Noes:
Absent:
Gillespie, Hugli, Leer, Mott and Vincent
Campbell and Potts
None
LOC ORGS/ 3. Copies being made available for the public and distributed
MARATHON ADDN/to Council, Hugli read by title only proposed Resolution No. 78-23 regarding
RES: property for senior housing in the Marathon Addition, entitled:
A Resolution Authorizing and Directing the
City Manager to Negotiate the Disposition
of Real Property in the Marathon Addition
City Manager stated the City had been approved for up to 30 units of senior
citizen housing but in order to proceed with the project, to be constructed
by Alaska State Housing Authority, the City needed to donate property to the
State for the project. He further stated that due to the lack of availability
of more suitable land at the present tim~ he would recommend that the Council
approve the designation of City-owned lots in the Marathon Addition for the
project. City Attorney spoke on the procedure which had to be followed for
disposition of City property in keeping with requirements of the City Code.
RECESS: The meeting was recessed at 9:00 p.m.; reconvened at 9:06 p.m.
City Manager stated that the legal description in the proposed resolution
should be amended to include Lot 13. Vincent stated all Councilmembers should
LOC ORGS/
MARATHON
ADDN/RES:
(cont'd)
I
4TH OF JULY
CREEK AREA:
COl'NCIL/
WAI:
WATERFRONT
TRACTS/PKS
& REC:
I
'~j :.\
PAGE 209
REGULAR MEETING - MAY 22, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
consider the fact that the senior citizens opposed location of the housing
project in Lowell Canyon. Following discussion, it was moved by Mott,
seconded by Potts and carried as follows to approve Resolution No. 78-23
with the addition of Lot 13 to the legal description:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer, Mott and Potts
Vincent
None
X.
UNFINISHED BUSINESS:
A. Hugli stated selection of consultants for the Coastal Energy
Impact Program grant for the 4th of July Creek industrial park feasibility
study had been discussed at the Council work session of May 15; however, a
motion was required for official Council action. It was moved by Campbell,
seconded by Vincent and carried as follows that Arctic Environmental Engineers
be selected as the consultants for the 4th of July Creek area feasibility
study:
Ayes:
Noes:
Absent:
Campbell, Hugli, Leer, Potts and Vincent
Gillespie and Mott
None
B. City Manager commented on the proposed change in the City employees'
retirement plan from Occidental to the State plan and said that the matter would
again come before Council once the actuarial report had been received.
XI.
NEW BUSINESS:
A. May 8, 1978, letter from Public Relations Ad Hoc Committee
member Renwick requesting review of the City water rates, was noted.
Following discussion, Campbell, with Council consent, requested that
information and recommendations from the Committee be presented to Council
in a total comprehensive package and the Council delay acting on anyone
item until all the Committee's recommendations had been received.
B. May 8, 1978, letter from Georgianna Gesto requesting the City
provide for property tax exemption for disabled residents, as did the Borough,
was noted. Campbell commented that before he would be willing to approve such
an exemption he would want the definition of "disabled" clarified according
to the U.S. Social Security Act. Following discussion, City Manager stated
he would contact the Borough to clarify if only physically handicapped
individuals would be eligible for the tax exemption.
C. A portion of the contract with the Department of Community and
Regional Affairs, awarding Coastal Energy Impact Program funds of $100,000
for a feasibility study and design of the 7th Avenue greenbelt recreation
area, was noted. City Manager spoke and answered questions on grant monies
which the City would request for actual construction of the park area after
completion of the design plans and further assured Council that acceptance
of the grant in no way obligated the City to any expenditure of funds now
or in the future. Gillespie requested the incorporation of tennis courts
and a ball diamond in the design plans. In response, City Manager stated
the CEIP funds were specifically allocated to meet the needs of the influx
of people to Seward, not permanent residents, but stated he would investigate
the matter. Following discussion, it was moved by Mott, seconded by Leer
and carried as follows to accept the grant with the Department of Community
and Regional Affairs for $100,000 for a feasibility study and design of the
7th Avenue greenbelt:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer, Mott and Potts
Vincent
None
PAGE 210
REGULAR MEETING - MAY 22, 1978
\ULUME 18
XII.
CITY MANAGER REPORTS:
A. May 15, 1978, letter from Arctic Environmental Engineers
in reference to the City's wastewater facility plan, was noted. City
Manager stated the City was having some difficulties qualifying for
exemption from the secondary sewage treatment regulations. 'He further
stated the City would testify June 8 before the Environmental Protection
Agency in Seattle on the matter.
SP COM EVENTS: B. City Manager distributed a drawing of the proposed "Elks
Club Founders Day Monument" and recommended, with Council consent, that
the monument be approved for placement on the beach at the corner of 7th
and Railway Avenues.
S B HARBOR:
OCEANVIEW
SUB:
PERSONAL
PROPERTY:
PERSONAL
PROPERTY:
ORIGINAL
TOWNSITE:
C. City Manager spoke on the purchase of replacement pilings
for the Small Boat Harbor and City Dock and stated the City needed 30 sixty
foot pilings and had received a price quote of $4.40 per foot for a total
price of $7,920 and further estimated the total cost pEr pole, including installation,
to be $750 to $800. He confirmed that an agreement had been reached with
Seward Fisheries whereby the costs of installing the 22 pilings needed to
be replaced on the dock would be shared equally by',the City and the Fisheries.
Following discussion, it was moved by Gillespie, seconded by Leer and
unanimously carried to give the City Manager authority to purchase 30 piling
at $7,920.
D. City Manager stated he needed approval to issue a check in the
amount of $100,879.30 to the Department of Housing and Urban Development (HUD)
to culminate the R-2l land sales project. It was moved by Mott, seconded by
Campbell and carried as follows that the City Manager pay HUD $100,879.30:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer, Potts and Vincent
Mott
None
E. City Manager distributed the draft business prospectus for the
City of Seward as prepared by the Public Relations Ad Hoc Committee and
requested the Councilmembers review the document and make comments.
F. City Manager, with Council consent, requested that the regular
meetings scheduled for the month of June be changed to June 5 and 19 in order
to be able to meet the City Code requirements for the public hearing on the
fiscal year 1978-79 budget.
G. May 19, 1978, letter from the Department of Fish and Game
regarding the algae growth on the Seward lagoon and recommending that the
growth not be removed, was noted. Gillespie stated he felt the algae should
be removed and further stated that the culvert was blocked, thus inhibiting
the growth to drain out of the lagoon and into the Bay.
H. City Manager stated the City had received only one bid on
the redwood tanks at Jap Creek, the bid being in the amount of $4002.
It was moved by Mott, seconded by Gillespie and unanimously carried to
accept the bid of $4002 for removal of the two redwood tanks at Jap Creek.
I. City Manager reported on the City surplus property sale recently
conducted and stated the City had realized $15,220 (including the redwood
tanks listed above) from the sale.
J. City Manager stated he had contacted Kenai regarding its dog
ordinance and had been notified that the city had removed the clause which
allowed for partial enforcement of the ordinance. Following discussion, he
stated an ordinance would be prepared for the next Council meeting which
contained full and partial enforcement options for Council consideration.
K. City Manager distributed May 11, 1978, letter from legal counsel
Raymond A. Gillespie requesting reimbursement for costs his client incurred
while trying to clear legal title to the north ~ of Lot 32, Block 25, Original
Townsite. City Attorney spoke on the subject, stating the City had spent
much time in trying to clarify the matter which included a deed issued by
the City years ago because of tax foreclosure and spoke against the City bearing
anymore costs in the matter. Hugli, with Council consent, stated the claim
would be denied.
PAGE 211
REGULAR MEETING - MAY 22, 1978
VOLUME 18
XIII.
COUNCIL DISCUSSION:
A. Vincent spoke against the downtown parking conditions and
the apparent lack of police patrolling the area.
III
B. Referring to consent calendar item 6., Vincent stated he
felt the City was charged too much for the slab work and further spoke
against the door of the pump station being unlocked and none of the
valves tagged. He also stated screens should be put in the water lines
ahead of the water pumps. City Manager stated the pump house had not
yet been approved and accepted by the City and he would investigate
the placement of screens on the water lines.
JESSE LEE HOME C. Letter received Hay 11, 1978, from Bernard P. Matthey,
regarding the status of Jesse Lee Home development, was noted.
D. April 20, 1978, letter from Thomas Bay Power Commission,
requesting support of Permanent Fund energy legislation, was noted.
HARBOR:
E. Campbell stated that when the Governor's Special Assistant
on Off-Shore Fisheries was in Seward, he mentioned the existence of a
mothball floating dry dock and asked that the administration contact
the Federal General Services Administration regarding the price of the
dock for future reference.
F. Campbell stated the administration should keep in touch with
Northwest Pipeline regarding transportation of oil.
G. In answer to a question from Gillespie, City Manager stated
the draft electrical tariff would hopefully be completed by the next Council
meeting.
I
H. Mott asked that the City street crews grade the alleys as
soon as possible.
I. Mott asked to be excused until July 10, 1978, because he
would be on vacation.
J. In answer to a question from Leer, City Manager stated the
owners of vessels in the storage yards were responsible for picking up the
barrels and cradles and the harbor personnel were contacting those who
had not yet cleaned up their area.
K. In answer to a question from Leer, City Manager stated he
would investigate supplying water to the children's garden on Third Avenue.
L. Potts requested that electricity be supplied to the big
baseball field. In answer to a question from Hugli, City Manager stated
he would also try to get water to the fields.
XIV. CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
xv.
ADJOURNMENT:
The meeting was adjourned at 10:50 p.m.
I
1\
')
PAGE 212
REGULAR MEETING - JUNE 5, 1978
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of June 5, 1978, as rescheduled from June 12,
was called to order at 7:35 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie and
Potts (Absent, with Council consent, were Leer,
Mott and Vincent)
Present also: City Manager Johnson, City Clerk-Treasurer Shanley
and Administrative Assistant Schaefermeyer
PROCLAMATION: City Clerk read in full "Salute to Honor America" and the Mayor
so proclaimed June 14 through July 4, 1978.
IV.
APPROVAL OF MINUTES:
It was moved by Campbell, seconded by Gillespie and unanimously
carried by all those present to approve the regular meeting minutes of May 22,
1978, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
The following additions were made to the regular meeting agenda:
VIII. Citizens' Discussion:
A. Eva Culver son
B. Willard Dunham
IX. Ordinances and Resolutions: C. Resolutions:
1. Proposed Resolution No. 78-24 regarding
extension of a sewer line to service Jesse
Lee Home tract
2. Proposed Resolution No. 78-25 regarding
designation of a portion of Jesse Lee
Home property for senior citizens' housing
XIII. Council Discussion:
A. June 5, 1978, letter from Ruth McHenry
regarding Jesse Lee Home preservation
It was moved by Campbell, seconded by Potts and unanimously carried by all those
present to approve the regular meeting agenda as amended and the consent
calendar as presented and the following actions were taken:
1. May 18, 1978, letter from CALCO, forwarding "The Business
Outlook Revisited" by Dr. Robert Einzig, was noted for
information only.
JESSE LEE HOME:
2. May 22, 1978, letter from Hughes, Thorsness, Gantz, Powell
& Brundin regarding Jesse Lee Home litigation, was presented
for information and filed.
LOUISIANA PACIFIC:
3. Corps of Engineers "Public Notice" dated May 24, 1978, regarding
Kenai Lumber Company's application to anchor a log bag boom in
the Bay near the Alaska Railroad Dock, was filed without comment.
LEG REPS:
4. Senator Mike Gravel's letter of May 24, 1978, regarding (d)(2)
legislation, was presented for information and filed.
PAGE 213
REGULAR MEETING - JUNE 5, 1978
VOLUME 18
,,;) I
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
SP COM EVENTS:
5. Diamond Jubilee Committee meeting minutes of May 27, 1978,
were presented for information and filed.
o C S:
6. May 30, 1978, letter from Alaska Outer Continental Shelf
Office, scheduling a meeting in the City Council Chambers
for June 8 regarding the OCS leasing program, was presented
for information and filed.
"TONT TRACTS,
7. Corps of Engineers "Public Notice" dated May 31, 1978, regarding
the University of Alaska's application to construct a 7,300
cubic yard fill for shore protection at the Institute of Marine
Science's waterfront, was filed without comment.
BUDGET:
I
I
COUNCIL:
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on items to be discussed
by the Kenai Peninsula Borough Assembly at its meeting of June 6, 1978, speci-
fically the Borough budget, the City of Seward zoning ordinance and introduction
of an ordinance which would repeal the 2 percent Borough sales tax for 2 years.
VII.
PUBLIC HEARINGS:
A. Public hearing was opened on the proposed City budget for fiscal
year 1978-79 and "Notice of Public Hearing" as published two times in the local
newspaper, was noted. City Manager distributed newly revised draft copies of
the budget to the Council and copies were made available to the public.
No one appeared from the audience in order to be heard and the public hearing
was closed. City Manager stated the proposed budget was based on a 14 mil
property tax levy, the reduction from last year's mil rate to offset the
increased valuation so the taxpayers would not see an increase in taxes.
Hugli noted a budget sheet had been compiled at the request of Vincent which
projected the City budget in 1983 if the City continued to add 9 percent per
year to the salaries currently being paid. He stated since Vincent was not
present the document would be continued for discussion on June 19.
VIII.
CITIZENS' DISCUSSION:
A. It was noted that Pat O'Brien had not yet arrived at the meeting
in order to discuss 4th of July activities. May 31, 1978, letter from Barbara
Blowers in which she voiced objection to the transient merchant ordinance, was
noted. City Manager stated Blowers was misinformed regarding the content of
the ordinance because local organizations were not levied a fee under the
ordinance.
B. Eva Culverson appeared from the audience and asked if something
could be done about the drainage ditch running along the north side of Bay-
side Apartments, stating it was too deep and virtually impossible to cross in
the winter. In response, City Manager stated that a new culvert was being
cut and the water runoff being redirected as part of the current paving
proj ect.
C. Willard Dunham appeared from the audience and spoke on the need
to clean up various portions of town and specifically cited Andrews' army
surplus business. He also requested that the City consider purchasing the
Harbor Light Mission building on the northwest corner of Third and Adams due
to its historic value. Dunham further commented on the need to find summer
employment opportunities for the youth of the area and requested the City
participate in the local program for non-disadvantaged youth. Hugli asked
Dunham to compile cost factors on the City's proposed participation in the
program for presentation at the June 19 Council meeting.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies being made available to the public, Hugli read by
title only proposed Ordinance No. 461 regarding conflicts of interest, entitled:
An Ordinance Establishing a Code of Ethics
for City Officials, Creating City Code
Section 2-93 Through 2-96
PAGE 214
REGULAR MEETING - JUNE 5, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
A. Ordinances for Introduction:
(cont'd)
COUNCIL:
(cont'd)
Willard Dunham appeared from the audience and spoke against the ordinance.
Following discussion, it was moved by Potts, seconded by Campbell and unani-
mously carried by all those present to introduce proposed Ordinance No. 461
and schedule a public hearing for July 10, 1978.
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
JESSE LEE HOME! 1.
SEWAGE to Council, Hugli
TREATMENT! the extension of
RES: tract, entitled:
Copies being made available to the public and distributed
read by title only proposed Resolution No. 78-24 regarding
a sewer line to service a portion of the Jesse Lee Home
A Resolution Authorizing the City Manager
to Extend a Sewer Line in Jesse Lee Heights
Subdivision
City Manager stated at the present time there was no sewer line available for
any of the Jesse Lee Home property and, if approved, the resolution would
arhorizethe extension of the sewer line west on Bear Drive across Swetmann
Avenue, the price not to exceed $10,000. He further recommended he be authorized
to negotiate for the work with the present contractor in the area. In answer
to a question from Potts, City Manager confirmed the existing sewer line in
the area was adequate to service the Jesse Lee Home tracts once developed.
It was moved by Campbell, seconded by Potts and unanimously carried by all
those present to approve Resolution No. 78-24.
LOC ORGS!
JESSE LEE
HOME!RES:
2. Copies being made avail&ble to the public and distributed
to Council, Hugli read by title only proposed Resolution No. 78-25 regarding
designation of a portion of the Jesse Lee Home property for senior citizens'
housing, entitled:
A Resolution Authorizing and Directing the
City Manager to Negotiate the Disposition
of Real Property in the Jesse Lee Heights
Subdivision
City Manager recommended approval of the resolution which would designate a
portion of Tract A-lA (Jesse Lee Home), Jesse Lee Heights Subdivision, for
sale to the Alaska State Housing Authority (ASHA) for construction of not
less than 24 units of senior citizen housing. He stated Council had pre-
viously approved Resolution No. 78-23 which designated Lots II, 12 and 13
of the Marathon Addition for the project; however, the Jesse Lee Home property
was more suitable for the construction project. Revelle Roach appeared from
the audience and spoke in support of the proposed resolution, stating that the
land proposed to be donated was the best offered to date for the project.
Senior Citizens' Project Director Georgianna Gesto voiced concern over the
clause in the resolution which would rescind Resolution No. 78-23, stating
the current project application contained the Marathon Addition property
description and immediate rescission of the resolution might delay the
ASHA project. City Manager agreed that it would be appropriate to delay
rescission of the resolution until ASHA was contacted. Campbell voiced
concern over construction of a two story building, citing the high costs
involved in purchasing, installing and maintaining an elevator. Following
discussion, it was moved by Gillespie, seconded by Potts and unanimously
carried by all those present to approve Resolution No. 78-25 with the last
two paragraphs amended to omit the rescission of Resolution No. 78-23.
X.
UNFINISHED BUSINESS:
COMPTROLLER: A. May 8, 1978, letter from Georgianna Gesto requesting the City
provide for property tax exemptions for disabled residents, was noted. May
31, 1978, letter from City Clerk which addressed the concerns voiced by
Council at its meeting of May 22, 1978, regarding the definition of "disabled"
pursuant to the U.S. Social Security Act, was also noted. Following discussion,
Hugli requested an ordinance providing for the disabled property tax exemption
be presented for Council introduction at its next meeting.
PAGE 215
REGULAR MEETING - JUNE 5, 1978
VOLUME 18
XI.
NEW BUSINESS:
SP COM EVENTS: A. May 13, 1978, letter from Seward Diamond Jubilee Committee,
requesting approval to place historic plaques on City-owned Alaska Ferry
Terminal, Fourth Avenue Dock, Lowell Creek Diversion Tunnel and Waterfall
land the Mt. Marathon Trail, was noted. Hugli, with Council consent,
approved the request.
I
B. May 26, 1978, letter from Price Waterhouse and Company regarding
the City audit for fiscal year 1977-78 at an approximate cost of $11,500, was
noted. Councilmembers voiced strong objections to the large increase in the
fee over the previous year and asked why the City had not requested bid pro-
posals for the audit services. City Manager stated it was usual to allow the
same auditing firm to do the City's books for two or three years, therefore,
he had not requested quotes from other firms. Hugli stated the City should have
been informed of Price Waterhouses' estimated fee in January so the Council
could have had the option to obtain other proposals; he requested that this
procedure be followed the coming year. Following discussion, it was moved by
Campbell, seconded by Potts and unanimously carried by all those present to
hire Price Waterhouse and Company as this year's auditors for the City of
Seward. Campbell requested that the City Manager convey the Council's dis-
pleasure with the fee to the firm.
BUDGET:
O.T.: C. May 26, 1978, letter from the Skill Center, requesting permission
to redirect a portion of the alley in Block 29, Original Townsite, was noted.
Bob Richardson, capital improvements supervisor for the Skill Center, appeared
from the audience and spoke on the Center's proposal to pave the central and
south portion of the alley and redirect the north section west onto 3rd just
~orth of the food services building, that portion of the alley to also be paved.
City Manager confirmed the City would not be vacating any land and the utility
easements would remain in the same location as previously. It was moved by
Campbell, seconded by Potts and unanimously carried by all those present to
allow the Skill Center to redirect the north end of the alley and pave the
entire alley.
I HARBOR: D. May 30, 1978, letter from Pete Mineo requesting permission to
lease the foodstand at the north end of the Harbor Master's building, was
noted. Mineo appeared from the audience and stated his letter was in error
and that the foodstand was located at the south end of the Harbor Master's
building. He further spoke on his plans for the stand during the summer months,
confirming he would make an allowance for those local organizations who used
the booth during the salmon derby to raise funds. Gillespie spoke in favor of
the $1000 per month offered by Mineo to rent the booth. Campbell requested
the Harbor Commission and Harbor Master approve the proposal prior to Council
making a final decision on the request. Fire Chief Watsjold appeared from
the audience and stated that consideration would have to be given to health
regulations and water and sewer which were currently not available in the
booth might have to be installed. Potts voiced concern over acting on the
request prior to further investigation of all the ramifications involved in
leasing a portion of the Harbor Master's building to a private enterprise.
It was moved by Gillespie, seconded by Campbell, but later withdrawn to give
approval for Mineo's proposal pending positive response from a majority of the
Harbor Commission and the Harbor Master and then give the administration the
authority to proceed from there along the terms of the letter. City Manager
stated time would be a factor for Mineo; however, the City would have to follow
the regular leasing procedures which involved a public hearing, ten days
later a resolutioq and 30 days after passage and posting of the resolution
the lease document could be signed. Following discussion, City Manager stated
he would call the Harbor Commissioners and the Harbor Master to obtain their
I opinion on the proposal; further, he would investigate with the City Attorney
the possibility of waiving the process as set forth in the City Code for
leasing of City property and using less time to process the lease.
XII.
CITY MANAGER REPORTS:
SEWAGE TRTMT: A. Mailgram dated May 23, 1978, regarding June 8 public hearing in
Seattle before the Environmental Protection Agency for waiver from secondary
sewage treatment regulations, was noted. City Manager, with Council consent,
requested authority to send Darryl Schaefermeyer, Sid Clark of Arctic Environmental
Engineers, and Dr. Richard Neve' to represent the City in its efforts to receive
a waiver from the secondary sewage treatment regulations.
WATER:
ELECTRIC!
STREETS:
STREETS:
STREETS!
WATER!
SEWAGE
TREATMENT:
PAGE 216
REGULAR MEETING - JUNE 5, 1978
VOLUME 18
XII.
(cont'd)
CITY MANAGER REPORTS:
B. City Manager stated the City had received a contract from the
State Department of Community and Regional Affairs for a $150,000 Coastal
Energy Impact Program grant to provide engineering design and planning for
improvements and expansion of the City water system. Following discussion,
it was moved by Campbell, seconded by Gillespie and unanimously carried by
all those present to authorize the City to accept the grant of $150,000 for
design of the water system improvements and extensions and to sign the contract
with Community and Regional Affairs.
C. City Manager stated the City had received a contract from the
Department of Highways totaling $81,252 for three utility relocations between
Miles 6 and 24 which needed to be completed prior to August 15 in order for
the scheduled road improvements to proceed. He stated the City administration
would recommend contracting out the work due to the fact that the City electrical
crew would not have time to complete the work in the time frame set forth.
Following discussion, it was moved by Gillespie, seconded by Campbell and
unanimously carried by all those present to authorize the City Manager to
enter into an utility relocation agreement with the Department of Highways
for the relocation of utilities, not to exceed $81,252.
D. City Manager distributed "Periodic Estimate for Partial Payment"
statement No.3 in the amount of $29,904.75 and No.4 in the amount of $183,695.78
from Associated Asphalt Paving Ltd. for work done to date on the Seward
street paving project. City Manager requested approval to pay the statements
totaling $213,600.53 although payment of statement No.4 would be withheld
until all quantities were double checked. It was moved by Campbell, seconded
by Potts and unanimously carried by all those present to authorize payment of
$213,600.53 to Associated Asphalt Paving Ltd.
E. City Manager distributed the following invoices from Arctic
Environmental Engineers:
Invoice No.
5478
5378
6278
5278
5778
5078
Project
street paving
street paving
street paving
Ft. Raymond well system
chlorination & general support
sewage treatment plant
TOTAL
Amount
$ 273.75
248.59
20,034.38
308.50
67.50
1,732.45
$22,665.17
It was moved by Potts, seconded by Campbell and unanimously carried by all
those present to approve payment to Arctic Environmental Engineers totaling
$22,665.17.
INSURANCE: F. City Manager stated the City had been notified of the expiration
of its liability insurance the previous day. He stated he felt the quotations
received from the City's broker of record, Clary Pioneer, were not adequate and
he was looking elsewhere for liability coverage. He spoke against the services
rendered by Clary Pioneer, stating he felt they had not acted in the best
interests of the City on variousoccasi6ns regarding insurance coverage and
specifically that the City had been double-insured on various items and had
been paying for coverage on the doctors' clinic which was not even City property.
Further, he stated the previous year the City had paid $26,000 for liability
premiums and, in his opinion, had not received its money's worth. Roy Mattson
of Clary Pioneer appeared from the audience and spoke in support of his and
the company's efforts on behalf of the City of Seward. He explained that
there were problems in the past but they were being corrected as soon as
they were identified. City Manager stated there were certain liability limits
specified by the Alaska Railroad which the City was to meet due to its utility
line crossings; however, the limits seemed prohibitive and the City would have
to negotiate to reach an acceptable agreement with the Railroad. He stated
he would continue to search for liability coverage but in the interim recom-
mended the Council approve the $31,075 premium payable to Clary Pioneer for
a $300,000 liability insurance policy with $5,000 deductible. Following
discussion, it was moved by Gillespie, seconded by Campbell and unanimously
carried by all those present to accept the bid of $31,075 by Clary Pioneer
for liability insurance coverage in the amount of $300,000.
LEG REPS!
HARBOR:
LEG REPS!
ELECTRIC:
I
JESSE LEE
HOME:
I
SP COM
EVENTS:
I
PAGE 217
REGULAR MEETING - JUNE 5, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
G. City Manager distributed and spoke on Senate Bill 448 which, if
adopted, would authorize a bond issue totaling $38,250,000 for harbor improvements
throughout the State, $2,000,000 specifically allocated for Seward.
H. City Manager distributed Senate Bill 434 which, if adopted, would
reimburse the City $52,743 for expenses incurred in May of 1977 due to the
damage of the City utility lines caused by the Mile 18 snowslide. Further, it
would allocate $140,000 to the Department of Transportation and Public Facilities
in order to relocate the City transmission line at Mile 18 to follow the re-
aligned roadway.
XIII.
COUNCIL DISCUSSION:
A. City Clerk distributed and read in full June 5, 1978, letter from
Ruth McHenry requesting the City authorize a representative of the State Office
of History and Archaeology to come to Seward and evaluate the feasibility of
various uses and sources of funding for Jesse Lee Home, this to be accomplished
prior to the June 19 public hearing on the structure; Council voiced no objection
to the request.
B. Gillespie asked the status of the electrical tariff and questioned
the City's response to people who wished electricity extended to their property
prior to adoption of the tariff. City Manager stated he hoped the next draft
of the tariff would be ready for Council discussion at the June 19 meeting.
He stated the City electrical crew was extending lines within the City limits
but until the tariff was adopted was informing those people outside the City
that there would be approximately a 2-3 month delay before service would be
available.
C. Potts stated the big baseball diamond needed electricity for
the senior league pitching machine.
D. In answer to a question from Potts, City Manager stated under-
ground utilities were being installed in the Jesse Lee Heights Subdivision
and those areas of the subdivision which already had above-ground utilities
would be transferred to underground and the utility poles would be removed
in the near future.
E. Hugli commented on Willard Dunham's earlier request to clean up
Andrews' army surplus store and asked the City Manager how the City would
proceed on condemnation. City Manager stated it was an expensive process
and in the past the City had initiated such action but discontinued it due
to public support for Andrews. He stated he would look into it further and
report back at the next Council meeting.
F. In answer to a question from Hugli, City Manager gave a status
report on the City's purchase of a new sweeper and construction of a new dog
pound.
XIV.
CITIZENS' DISCUSSION:
A. Roy Mattson appeared and spoke in support of Pat O'Brien's
committee organization of the 4th of July activities. O'Brien appeared from
the audience and stated that as chairman of the 4th of July Committee, he was
requesting suspension of the transient merchant ordinance for July 4 in order
to allow out-of-town peddlers without charging them the $5000 bond and $50
per day license fee. He stated he had contacted the Chamber of Commerce
and they supported the request. Julie Renwick appeared from the audience
and spoke in support of the proposal. Following discussion, O'Brien suggested
Council issue a license to him as a local resident and he would organize and
oversee all the peddlers. City Manager, with Council consent, stated he
would ask the City Attorney if there were any legal problems with O'Brien
being issued the license and he, in turn, issuing permits to the out-of-town
vendors.
B. Willard Dunham appeared and stated that First Lake needed to
be cleaned up and specifically stated the garbage cans should be emptied on
a regular basis and not allowed to overflow. City Manager stated he would
contact the garbage and refuse contractor on the matter. Dorothy Noyes
appeared and commented favorably on the trash pickup at the end of Nash Road,
stating that the garbage was picked up on a regular basis and the man who
emptied the cans also cleaned up around them on a regular basis.
PAGE 218
REGULAR MEETING - JUNE 5, 1978
VOLUME 18
XV. ADJOURNMENT:
was adjourned at 10:08 p.m.
,/1
,<-.
Raymo
Mayor
"~
)
PAGE 218
REGULAR MEETING - JUNE 19, 1978
VOLUME 18
I.
CALL TO ORDER:
------
The regular meeting of the Seward City Council of June ]9, as
rescheduled from June 26, 1978, was called to order at 7:30 p.m. by
Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Leer, Potts and Vincent (Absent, with Council
consent, was Mott)
Present also: City Manager Johnson, Comptroller Baugh, Adminis-
trative Assistant Schaefermeyer and City Clerk-
Treasurer Shanley
IV.
APPROVAL OF MINUTES:
by all
1978,
It was moved by Potts, seconded by Leer and unanimously carried
those present to approve the regular meeting minutes of June 5,
as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following changes be made in the
regular meeting agenda:
VIII. Citizens' Discussion:
A. Donna Kowalski - added
IX. Ordinances and Resolutions:
B. Ordinances for Public Hearing and Enactment:
2. Proposed emergency Ordinance No. 463
regarding boat impoundment - deleted
C. Resolutions:
2. Proposed Resolution No. 78-27 authorizing
participation in State Public Employees'
Retirement System - deleted
5. Proposed Resolution No. 78-30 appropriating
business license tax revenues in 1977-78
budget - added
6. Proposed Resolution No. 78-31 declaring certain
utility accounts uncollectible - added
XI. New Business:
C. Jim Pruitt's letter of June 15, 1978, proposing to
lease a portion of City land in the Small Boat
Harbor - added
PAGE 219 REGULAR MEETING - JUNE l.9, 1978 VOLUME 18
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
It was moved by Vincent, seconded by Campbell and unanimously carried by all
those present to approve the regular meeting agenda as amended and the consent
calendar as presented and the following actions were taken:
COMPTROLLER:
1. Comptroller's list of Accounts Payable for June 1978,
totaling $158,535.50, was approved for payment and
filed.
I C ATTORNEY:
2. May 9, 1978, bill for legal services rendered by Hughes,
Thorsness, Gantz, Powell and Brundin during the month of
March 1978, totaling $4,734.26, was approved for payment
and filed.
COMPTROLLER:
3. Letters dated June 9, 1978, from the Borough Assessor,
notifying the City of the certified assessed value for
the 1978 Main Roll was noted for information and filed.
P & Z!ORDS:
4. Kenai Peninsula Borough Ordinance No. 78-26 revising the
zoning code for the City of Seward was noted for informa-
tion and filed.
LOC ORGS!
SCHOOLS:
5. "Application for Permit for Authorized Games of Chance and
Skill" as received June 13, 1978, from Seward Schools, was
approved for the Mayor's signature and filed.
VI.
BOROUGH ASSEMBLY REPORT:
I
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting of June 6, 1978, and specifically noted that the
Borough mil levy had been reduced from 5 mils to 4.5 mils for fiscal year
1978-79. He further informed Council and the audience that the Borough had
enacted the new zoning ordinance for the City of Seward. Gillespie questioned
if the Borough recognized the City's subdivision ordinance as a legal
document which the Council had the power to enact. In answer, City Manager
stated he had asked the Borough Attorney for a formal, written ruling on the
matter and he would follow up on his earlier request.
VII.
PUBLIC HEARINGS:
JESSE LEE
HOME:
A. Public hearing was opened on the future disposition of Jesse
Lee Home and the following items were noted:
"Notice of Public Hearings" regarding Jesse
Lee Home use, as published two times in the
local newspaper
Petitions received June 14, 1978, bearing
approximately 184 signatures, opposing the
destruction of Jesse Lee Home and support-
ing its renovation and use as a multi-
purpose center
Letter from Ruth E. McHenry dated June 5,
1978, supporting use of the Home as a
community center
I
Letter from Donna Kowalski dated May 8,
1978, supporting preservation of the
structure
Letter from Margaret Anderson dated May
6, 1978, supporting razing the buildings
and subd~viding the land as residential
parcels
JESSE LEE
HOME:
(cont'd)
MARINA SUB:
PAGE 220
REGULAR MEETING - JUNE 19, 1978
VOLUME 18
VII.
(cont'd)
PUBLIC HEARINGS:
Barbara Blowers, 610 Monroe, appeared from the audience and distributed "A
Proposal to Restore and Make Use of Jesse Lee Home" dated June 19, 1978,
and spoke in favor of investigating the feasibility of using the structures
as a multi-purpose facility. Donna Kowalski, 200 5th Avenue, and Ruth McHenry
appeared and spoke in favor of restoration of the structures. No one else
appeared from the audience in order to be heard and the public hearing was
closed. Potts stated before he was ready to act on the future disposition
of Jesse Lee Home he would like to see cost figures on restoration and
maintenance of the structures versus the benefits to the community if the
land were to be subdivided and sold. He suggested, with Council consent,
that a committee be appointed consisting of five members, two with opposing
views, and direct them to compile cost figures on renovation and sale of
the property and, further, to more specifically investigate the types and
amounts of Federal and State funding available for renovation and what, if any,
assurances the City would have that the funds would be available when they
were needed. Hugli asked for a show of hands of individuals interested in
serving on the committee and Barbara Blowers, Judy Steeves and Marilyn Rowley
so indicated. Hugli directed the committee to organize and compile the
requested data and then to notify the City Clerk when all the information was
ready to be presented to Council so a work session could be scheduled.
B.
the foodstand
summer months
noted:
Public hearing was opened on Pete Mineo's proposal to lease
at the south end of the Harbor Master's building during the
for a food take-out service and the following items were
"Notice of Public Hearing - Proposed Lease
of City Property" as published two times in
the local newspaper
Letter received June 13, 1978, from Pete
Mineo, changing his request from lease of
the foodstand to sublease and lease assign-
ment of Lot 2, Block 1, Marina Subdivision,
for construction of a fast food, take-out
facility
Plot plan submitted by James H. Whitethorn
for the proposed 16 by 18 foot structure
City Manager noted that the lease of Lot 2, Block 1, Marina Subdivision to
Mr. and Mrs. Daniel Smith had been specifically for a fish processing establish-
ment thus if Council approved sublease and lease assignment, it would have to
also specifically approve the change in the designated use permitted on the
property pursuant to the original lease if Mineo was to be granted his request.
Pete Mineo appeared from the audi~nce and spoke in favor of and answered
questions on his proposal. Marilyn Plymire, lessee of Lots 3 and 5-8, Block 1,
in the Marina Subdivision, appeared from the audience and read a prepared
statement in opposition to Mineo's request, stating there were enough food
service facilities in the harbor area to service all patrons. No one else
appeared from the audience in order to be heard and the public hearing was
closed. Following discussion, it was moved by Gillespie, seconded by Campbell
and carried as follows to allow the sublease of Lot 2, Block 1, Marina Sub-
division, to Pete Mineo from Daniel and Ruth Smith, following the guidelines
of Mr. Mineo's proposal for a fast food service facility:
Ayes:
Noes:
Abstain:
Absent:
Campbell, Gillespie, Hugli and Potts
Vincent
Leer
Mott
City Manager explained that Mineo would have to have prepared an assignment of
lease form which would have to be finally approved by Council.
PAGE 221
REGULAR MEETING - JUNE 19, 1978
VOLUME 18
.' ~
VIII.
CITIZENS' DISCUSSION:
SP COM EVENTS: A. Donna Kowalski, Diamond Jubilee Committee co-chairperson,
appeared from the audience and stated founding father John Ballaine had had
three children--a son who had recently passed away and two daughters still
living in the Seattle area. She requested Council approve funds for air
fare for the two women to come to Seward and participate in the Founders'
Day festivities August 28, 1978. Beverly Dunham appeared and stated John
Ballaine's son had a number of photos and legal documents regarding Seward
and, due to his passing, the City might become the recipient of the papers.
I She further spoke in favor of Council authorizing funds for Ballaine's
daughters to travel to Seward. Following discussion, it was moved by Potts,
seconded by Leer and unanimously carried by all those present to provide a
maximum of $800 for Ballaine's daughters to travel to Seward and housing
once they arrived.
Kowalski further stated the Planning and Zoning Commission
had recently approved the renaming of 7th Avenue to Ballaine Boulevard and
asked what procedure needed to be followed to officially institute the
change. Hugli directed the administration to prepare a resolution for
Council consideration at its next meeting regarding the name change.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
ELECTIONS:
1. Copies being made available to the public, Hugli read by
title only proposed Ordinance No. 464 regarding the City election code,
entitled:
An Ordinance Regarding Elections,
Repealing and Re-enacting Chapter 8
of the Seward City Code
I
In answer to a question from Vincent, City Clerk briefly explained the changes
in the ordinance. It was moved by Campbell, seconded by Potts and unanimously
carried by all those present to introduce proposed Ordinance No. 464 and
schedule a public hearing for July 24, 1978.
B. Ordinances for Public Hearing and Enactment:
ANIMAL CONTROLS! 1. Copies being made available to the public, Hugli read by
ORDS: title only proposed Ordinance No. 456 regarding dogs, entitled:
An Ordinance Relating to Dogs, Amending
City Code Sections 4-10, 4-24 and 4-35
I
"Notice of Public Hearing" as published two times in the local newspaper, was
noted and the public hearing was opened. Beverly Dunham and Donna Kowalski
appeared from the audience and spoke in favor of the ordinance. Julie Renwick
and Marilyn Rowley appeared and spoke against what they considered to be excessive
pound fees as contained in the ordinance. Dorothy Noyes appeared and questioned
how the new ordinance would affect the dogs running on the beach on the east
side of the Bay. In answer, Potts told her that the new ordinance was not
needed to control that problem; he stated that the area in question was inside
the City limits and if dogs were not in the control of their owners, the dog
catcher could be called and asked to come pick up the animals. No one else
appeared from the audience in order to be heard and the public hearing was
closed. Potts and Leer spoke against the proposed ordinance, stating that
the dog problem could be controlled without the new ordinance if only the
current ordinance would be enforced. Vincent spoke in support of urging the
Borough to adopt a similar ordinance to affect Borough-wide control of dogs
so the animals on the fringe of the City limits would not pose an enforcement
problem. Following discussion, it was moved by Gillespie, seconded by Vincent
and carried as follows to enact Ordinance No. 456:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli and Vincent
Leer and Potts
Mott
PAGE 222
REGULAR MEETING - JUNE 19, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
BUDGET!
RES:
1.
to Council, Hugli
budget for fiscal
Copies being made available
read by title only proposed
year 1978-79, entitled:
to the public and distributed
resolution approving the City
A Resolution Adopting the Budget and
Appropriating Funds for Fiscal Year
1978-1979
City Manager spoke in support of the budget as presented, stating it represented
a 14 mil tax levy for those residents in Zone One and 8 mils in Zone Two.
Vincent spoke on the increased expenditures as projected over the next five
years and stated he felt the City could operate on a 12 mil budget, which
represented approximately a balance in the reduction of the mil rate as
compared to the increase in assessed valuation. In response to a question,
City Manager stated one mil represented approximately $34,700. Hugli spoke
against the City reducing the mil rate by too much and then having to increase
it in the next few years. Gillespie spoke in support of reducing the budget
by an additional 2 mils but stated he had no suggestions as to where the
reductions should be made. Potts stated if budget cuts were to be made it
would have to be in personnel, not in employee unit costs. It was moved by
Potts, seconded by Campbell, but did not carry as follows to adopt the budget
as presented for fiscal year 1978-79:
Ayes:
Noes:
Absent:
Campbell, Hugli and Potts
Gillespie, Leer and Vincent
Mott
RECESS: Upon the request of Vincent, the meeting was recessed at 9:12 p.m.;
reconvened at 9:20 p.m.
It was moved by Vincent, seconded by Leer and unanimously carried by all those
present to reconsider the previous action on proposed Resolution No. 78-26.
It was moved by Hugli, seconded by Vincent and unanimously carried by all those
present to approve the budget for fiscal year 1978-79 with the mil rate cut
to 13.5 mils (Resolution No. 78-26). In answer to a question from Gillespie,
Hugli stated the area of the budget cuts would be left to the discretion of
the City Manager.
C MANAGER!
RES:
2. Copies being made available to the public, Hugli noted by
title only proposed Resolution No. 78-28 setting the City Manager's salary,
entitled:
A Resolution Setting the Salary for the
City Manager and Rescinding All Prior
Resolutions in Conflict Herewith
City Manager stated the per month salary figure to be inserted in the resolution
would be $3,299.05 if it were to include the 6.4 percent cost of living allowance
and 2.5 percent step increase, both items afforded all other employees. It
was moved by Campbell, seconded by Gillespie and unanimously carried by all
those present to approve Resolution No. 78-28, setting the City Manager's
salary at $3,299.05 per month.
CC-T!
RES:
3. Copies being made available to the public, Hugli noted by
title only proposed Resolution No. 78-29 setting the City Clerk-Treasurer's
salary, entitled:
A Resolution Setting the Salary for the City
Clerk-Treasurer and Rescinding All Prior
Resolutions in Conflict Herewith
City Manager stated the per month salary figure to be inserted in the resolution
would be $1,978.34 if it were to include the 6.4 percent cost of living allowance
and 2.5 percent step increase, both items afforded all other employees. Hugli
stated the Clerk had previously pointed out that the position should not be
classified as Clerk-Treasurer and asked that with the removal of the Treasurer
duties if it would mean a reduction in her salary and create another position.
City Manager answered in the negative, stating that the Comptroller's and
Clerk-Treasurer's duties overlapped according to the code definition of the
PAGE 223
REGULAR MEETING - JUNE 19, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
positions; however, currently both employees were fulfilling their duties
and all that was needed was a rewriting of the job descriptions as contained
in the code. Following discussion, it was moved by Campbell, seconded by
Leer and unanimously carried by all those present to approve Resolution
No. 78-29, setting the City Clerk-Treasurer's salary at $1,978.34 per month.
I BUDGET! 4. Copies being made available to the public and distributed
RES: to Council, Hugli read by title only proposed resolution regarding the
appropriation of additional business license taxes, entitled:
CC-T!RES:
(cont'd)
A Resolution Appropriating Funds Received
from Business License Tax and Revising
the City Budget for Fiscal Year 1977-78
to Reflect the Appropriation of Funds
City Manager stated the City had received an additional $16,740 in business
license revenues which had not been appropriated in the 1977-78 fiscal year
budget and the resolution, if approved, would allocate $10,000 to the Small
Boat Harbor and $6,740 to the Mayor and Council contingency fund. Following
discussion, it was moved by Vincent, seconded by Leer and unanimously carried
by all those present to approve Resolution No. 78-30.
BUDGET!
COMPTROLLER! 5.
RES: to Council, Hugli
utility accounts,
I
STREETS:
PERSONNEL:
~INA
Copies being made available to the public and distributed
read by title only proposed resolution regarding uncollectible
entitled:
A Resolution Charging Off as Uncollectible
Certain Utility Accounts in the Total Amount
of $2,925.64
City Manager stated these accounts spanned a period of two years and, for
auditing purposes, should be written off the books; however, such action did
not mean that the City would stop trying to collect the monies. It was moved
by Gillespie, seconded by Campbell and unanimously carried by all those present
to approve Resolution No. 78-31.
X.
UNFINISHED BUSINESS:
None
XI.
NEW BUSINESS:
A. June 6, 1978, letter from Alberta I. Stanton, opposing the ditches
in front of her property at 529 Second Avenue which had been dug as part of the
street paving project, was noted. Vincent and Potts stated Mrs. Stanton had a
valid complaint; unfortunately, though, it was too late to rectify the problem.
City Manager stated the culverts still needed to be groomed, which would some-
what lessen the unsightliness of the culverts.
B. Letter dated June 16, 1978, from Willard Dunham, Manager of the
Seward Employment Center, requesting the City participate in the hiring of local
youth during the summer months, was distributed to Council. City Manager stated
the City had temporarily employed three youths who were presently working in
the cemetery. Following discussion, Hugli, with Council consent, stated it
would be left up to the City Manager's discretion to use the workers as much
as possible with available funds.
SUB: C. Letter dated June 15, 1978, from Jim Pruitt, requesting permission
to lease a parcel of land in the Small Boat Harbor area for placement of a car
wash facility adjacent to the boat lift dock and another near the sanitary
dump station, was noted. Pruitt appeared from the audience and spoke in favor
of and answered questions on his proposal to install coin-operated power spray
car wash units in the harbor area. In answer to a question from Gillespie,
Pruitt stated at the present time he was planning a seasonal operation only but
the possibility of a year-round service would be investigated. Gillespie
PAGE 224
REGULAR MEETING - JUNE 19, 1978
VOLUME 18
XI.
NEW BUSINESS: (cont'd)
MARINA SUB:
(cont'd)
recommended the matter go before the Harbor Commission for a recommendation prior
to Council action. City Manager stated since the proposal involved the lease
of City land, a public hearing would have to be held on the request. Hugli,
with Council consent, directed the administration to schedule a public hearing
and ask the Harbor Commission to make a recommendation on the proposal.
XII. CITY MANAGER REPORTS:
A. City Manager reported on condemnation proceedings relative to
Andrews' Army Surplus, stating that the City Attorney had assured him that
there were provisions in the City Code to provide for such action; however,
he would need specific direction from Council in order to proceed with condem-
nation. Gillespie, with Council consent, stated that the City should not
take any action at this time against Andrews.
FIRE DEPT: B. City Manager stated bids had been received on repair of the
Fire Hall roof and the administration recommended Council accept the low
bid of Consolidated Enterprises at $31,219. He further stated the bid came
in low enough under the $38,754 limit that a change order could be added
to the contract to provide for the complete removal of the old roof at a
cost of $7,535. Following discussion, it was moved by Campbell, seconded
by Leer and unanimously carried by all those present to accept the base bid
of $31,219 for repair of the Fire Hall roof with a change order in the amount
of $7,535.
POLICE DEPT: C. City Manager reported on the receipt of an $8,037 Driver's
Education Training grant which allowed for an additional employee to assist
with the program through October. It was moved by Gillespie, seconded by
Leer and unanimously carried by all those present to authorize the City
Manager to sign the Driver Education program grant in the amount of $8,037.
SCHOOLS: D. City Manager stated he had been contacted by a representative
of the U.S. Forest Service (USFS) who had requested the City place on file
with them a letter of support of the use of the old high school and Armory by
the Young Adult Conservation Corps (YACC) workers for the next few years.
He explained that the Skill Center leased the structures but wished to sub-
lease them to USFS until funding was made available for development of the
buildings. It was moved by Campbell, seconded by Potts and unanimously
carried by all those present to send a letter to the USFS concurring with
the use of the old high school and Armory by the YACC program.
BUDGET: E. City Manager stated there remained in the Mayor and Council
contingency fund for fiscal year 1977-78 a balance of $31,000 which had not
yet been encumbered. He requested that the Council earmark those funds for
purchase of a sweeper in the near future. It was moved by Vincent, seconded
by Leer and unanimously carried by all those present that the $31,000 in the
Council contingency fund be earmarked for a sweeper purchase.
F. City Manager and Administrative Assistant spoke on the planned
visit to Seward of members of the U.S. Energy and Natural Resources Committee,
including approximately ten senators, their wives and staff members, on July
5, and of the U.S. Secretary of the Interior Cecil Andrus on July 11.
HARBOR:
G. City Manager introdu~ed ~es ?irtle from the audience, stating
Mr. Pirtle objected to the parking limitations in the Small Boat Harbor
whereby only those individuals with an Alaska business license could obtain
a permit to park near the ramps and southeast of the Harbor Master's building.
Pirtle appeared from the audience and stated he did minor repairs on pleasure
craft in the Harbor and did not feel he should have to have a business license
but should be able to obtain a parking permit because of the equipment he had
to haul to be boats from his vehicle. Jim Pruitt, Harbor Commissioner,
appeared from the audience and explained the Commission's reasons for requiring
a business license as a condition of obtaining a parking permit. Potts stated
Pirtle could park near the ramps to unload and then move his car to the
regular parking area. Following discussion, Gillespie, with Council consent,
stated Pirtle's problem would be solved by obtaining a business license, which
legally he should have if he is receiving compensation for his services.
JESSE LEE
HOME!LOC
ORGS:
Ip &
. " ,J
PAGE 225
REGULAR MEETING - JUNE 19, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
H. Gillespie called the Councilmembers' attention to letter dated
June 12, 1978, from Alaska State Housing Authority requesting exemption from
City property taxes for the proposed senior citizens' housing to be constructed
in Seward. He stated that at a previous meeting he recalled representatives
of ASHA stating they would be paying an amount in lieu of taxes for the property.
City Manager stated he would investigate the matter; however, stated that
seniors living in the home would be tax exempt.
XIII.
COUNCIL DISCUSSION:
Z: A. June 7, 1978, letter from Darell G. Jelsma, submitting
resignation from the Seward Advisory Planning and Zoning Commission,
Hugli directed the City Clerk to advertise the opening.
his
was noted.
PERSONNEL: B. Vincent stated he had observed a City vehicle parked downtown
in the evening on numerous occasions. He stated the vehicle had been called
to the attention of the administration by the Council on numerous instances
but the problem had not been resolved. It was moved by Vincent, seconded by
Leer, but later withdrawn, to direct the City Manager to inform the City
employees that from this date on no City vehicles would be driven home by anyone.
Gillespie and Potts stated the specific offender should be severely reprimanded
but considered taking the privilege away from all City employees too harsh.
City Manager stated he would resolve the problem with the one employee referred
to by the Council but requested that the Council not act on prohibiting employees
to drive vehicles home and stated there were only approximately four employees
on call who took their vehicles him with them in the evenings.
C. Vincent requested that the Recreation Director ask the softball
players to park their vehicles away from the fields in order to allow space
for spectators to park and watch the games.
D. Leer requested that the Harbor Commission be requested to address
I the compilation of an overall development plan for the harbor area.
HARBOR: E. Potts stated he had noticed that the City was going to close
the roadway which extended 4th Avenue in the Harbor area to connect with
Airport Road. He stated that he felt the road should remain open because
it diverted traffic from 3rd Avenue. City Manager stated the roadway had
to be closed because it was not a dedicated road. Planning and Zoning Commission
Chairman Leirer appeared from the audience and spoke on the Planning Commission's
reasons for requesting the road be closed and stated that there appeared to be
no way that the City could get direct access to extend 4th Avenue through to
Airport Road because of the private and Alaska Railroad property in the vicinity.
C COUNCIL!
BUDGET:
I
F. Potts stated that at a previous meeting he had presented the
Councilmembers with the draft of the Public Relations Ad Hoc Committee proposed
brochure and stated the final draft had been prepared and the Committee was
now requesting Council fund the project. He further commented on the meetings
Committee members had had with Northern Stevedoring and Handling Corporation (NSHC),
the Alaska Railroad and various shipping firms. He stated enough interest had
already been generated by Committee members that representatives of the Port
of Portland would be stopping by Seward the following day to have a meeting and
discuss Seward as the possible port to handle goods shipped from Portland to
Alaska. Julie Renwick, Barbara Blowers and Jim Pruitt, Ad Hoc Committee members,
appeared from the audience and spoke in favor of Council approving funding for
printing and mailing of the informational packet. Hugli stated the Council had
previously asked to receive all the information from the Committee at one time
and then sources of funding for the various projects would be solicited from
local business as well as the City. He stated after reviewing all the recom-
mendations of the Committee, the Council might decide it did not want a brochure
printed. Potts stated as a member of the Committee he had previously thought
more timely progress would be made on the various aspects of the Committee
investigations; however, the Committee had received conflicting information from
the various sources it had contacted and it would take longer than expected to
sort out all the information received to date, go back with more intelligent,
pointed questions and sift out the true picture. He stated in the interim the
C COUNCIL!
BUDGET:
(cont'd)
C COUNCIL!
BUDGET:
(cont'd)
C COUNCIL:
PAGE 226
REGULAR MEETING - JUNE 19, 1978
VOLUME 18
XIII.
COUNCIL DISCUSSION:
(cont'd)
Committee felt an information packet as proposed should be printed and dis-
tributed to let business and industry know that Seward would welcome them and
to have them start thinking about Seward. He stated the Committee recommended
the printing of 5000 packets at a cost of $1,250 and requested additional
funds to cover postage expense. Willard Dunham, member of the Committee,
appeared from the audience and spoke against what he considered an excessive
cost for the brochures. It was moved by Gillespie, seconded by Leer, but
later withdrawn, to take $3,500 out of the Mayor and Council contingency
fund for making up the brochures and covering mailing costs. Hugli stated he
was not ready to vote on the allocation of funds that evening because he had
not thoroughly reviewed the draft. Gillespie and Leer voiced support of the
funding. Potts recommended that instead of voting on the funding that evening
that Council recess until the following evening in order to allow all Council-
members an additional opportunity to review the proposed brochure. Following
discussion, it was moved by Hugli, but died for lack of a second, to allocate
$1,500 to the Ad Hoc Committee to cover emergencies. It was moved by Campbell,
seconded by Leer and unanimously carried by all those present to recess until
Tuesday, June 20, 1978, at 7:00 p.m. and to appoint Vincent as Vice Mayor for
that meeting.
I.
CALL TO ORDER:
The regular meeting of the Seward City Council as recessed from
11:45 p.m. on June 19, 1978, was reconvened at 7:03 p.m. on June 20, 1978.
II.
OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Vice Mayor Vincent; Councilmembers Gillespie, Leer,
and Potts (Absent, with Council consent, were Council-
members Hugli, Campbell and Mott)
Present also: City Manager Johnson and City Clerk-Treasurer Shanley
XIII.
COUNCIL DISCUSSION:
(cont'd)
Vincent asked if all the Councilmembers had a chance to review the draft of
the proposed brochure and make recommendations to the Committee. He stated
that there was no reference under services available of a retail plumbing
business and Potts stated it would be added. Vincent asked if approval was
given that evening to print the packet if the Committee would feel it necessary
to print a revised one in two or three months; Potts and various members of
the Committee answered in the negative. Potts apologized for the disention
among members of the Committee as displayed at the Council meeting the previous
evening, stated it should not have happened and that the Committee members
who did not agree with printing of the packet should have voiced their feelings
at the Ad Hoc meeting. It was moved by Gillespie, seconded by Leer and
unanimously carried by all those present to approve the appropriation of $3,500
for printing and mailing costs for the packet.
G. City Manager stated the administration had been in receipt of
an appeal as filed by Ronnie L. Lewis of the Planning and Zoning Commission's
action to approve a variance for construction of a 16 unit apartment complex
on Lots 26-30, Block 22, Original Townsite, by Daren E. Miller. He requested
Council schedule a meeting to sit as a Board of Adjustment and hear the appeal.
Vincent, with Council consent, scheduled a Board of Adjustment meeting for
Thursday, June 29, 1978, commencing at 7:30 p.m.
I
I
I
PAGE 227
REGULAR MEETING - JUNE 20, 1978
VOLUME 18
XIV. CITIZENS' DISCUSSION:
A. Wayne Heinbaugh appeared from the audience and spoke against
the grade of the alley and street abutting his property on 6th and Madison and
also voiced objection to the culverts which had recently been dug in front of
his property. Vincent stated immediately following adjournment of the meeting
he would go with Heinbaugh and look at the situation.
B. Willard Dunham appeared and spoke against Council taking action
against City employees using City vehicles in an allegedly wrongful manner
unless they had positive evidence of the abuse. Potts said in the case to which
Dunham referred there had been positive proof of the abuse.
C. Stephen Rodwin, Cobbler, appeared from the audience and stated
he was a licensed businessman in Alaska who traveled from town to town selling
and making leather goods. He stated he had been in Seward last year and planned
to come on a yearly basis; however, when he arrived this year he had been
notified of the new transient merchant ordinance which prohibited him from
doing business in the City because he could not afford the $50 per day fee.
Rodwin stated he was not competing with local businesses because there was
no Seward merchant who offered the leather goods and repair services he had
to offer. Questions were posed by the audience and Councilmembers as to whether
or not the ordinance would require visiting artists sponsored by the local
art guild to register as transient merchants and if repairmen who came
into town for a few days a year to repair a specific brand of equipment were
also restric~ed by the ordinance. Following discussion, City Manager stated
he would. check with the City Attorney the next day to see if there was a loop-
hole in the ordinance whereby a merchant could operate from private property.
Vincent, with Council consent, scheduled the ordinance for discussion at the
July 10 Council meeting.
D. Potts asked if the City had received a letter from the Forest
Service regarding the reclassification of particular tracts of land abutting
Nash Road and the City Manager answered in the negative.
XV.
ADJOURNMENT:
The meeting was adjourned
1~ ~
at 8:06 p.m.
~ "L~'
z--;G ~~
Wllliam C. vincent
Vice Mayor
PAGE 227
SPECIAL MEETING - JUNE 29, 1978
VOLUME 18
I.
CALL TO ORDER:
The special meeting of the Seward City Council scheduled for June 29,
1978, was called to order at 7:30 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Vincent led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Leer, Potts
and Vincent (Absent, with Council consent, was Mott;
also absent was Gillespie)
PAGE 228
SPECIAL MEETING - JUNE 29, 1978
VOLUME 18
III.
ROLL CALL:
(cont'd)
Present also: City Manager Johnson, City Attorney Jarrell, Admin.
Asst. Schaeferemyer and City Clerk-Treasurer Shanley
IV.
SPECIAL ITEMS:
ORIGINAL
TOWNSITE:
A. Sitting as a Board of Adjustment, the City Council heard the
appeal as filed by Ronnie L. Lewis of the Planning and Zoning Commission's
granting of a variance to Daren E. Miller for construction of a 16 unit
apartment complex on Lots 26-30, Block 22, Original Townsite, and the
following items were noted:
"Notice of Appeal" dated June 14, 1978, as
filed by Lewis from the June 7, 1978, decision
of the Planning and Zoning Commission to grant
a variance from Ordinance No. 314 in order to
allow the requested construction
"Notice of Special Meeting" as published one
time in the local newspaper and mailed to
property owners within a 300 foot radius of
the proposed construction site, noticing of
Board of Adjustment meeting
Hugli stated additional testimony would be accepted by the Council from the
audience at this time. Dan Rogers, legal counsel for Lewis, appeared and
spoke against granting of the variance, stating that the application as
submitted by Miller did not meet the four conditions set forth in the ordinance
which must be fulfilled and supported by evidence prior to the granting of a
variance by the Planning and Zoning Commission. He stated that the written
Decision rendered by the Planning and Zoning Commission and granting the
variance was not supported by testimony presented at the June 7 meeting of
the Commission. In conclusion, he stated that according to the ordinance,
the burden of proof was placed on Miller to submit evidence proving he met
the four conditions for the issuance of a variance, not on Lewis to prove
that the conditions had not been met.
RECESS: The meeting was recessed at 7:45 p.m. at which time the City Council,
City Manager and City Attorney retired to the City Manager's office;
reconvened at 8:06 p.m.
Upon request of Council, the tape recording of the Planning and Zoning
Commission meeting of June 7, 1978, was played in full. Following completion
of the recording, Vincent stated that his opinion was that Miller met all the
requirements for a conditional use permit under the provisions of the newly-
adopted zoning ordinance (Kenai Peninsula Borough Ordinance No. 78-26); however,
did not adequately fulfill the conditions for a variance under the Seward
Zoning Ordinance No. 314.
In answer to a question from Campbell, City Attorney explained that the Council
had met as a Board of Adjustment in April to hear the appeal of the issuance
of a conditional use permit which had been granted by the Planning and Zoning
Commission pursuant to an ordinance which had been adopted by the City but
not yet enacted by the Borough. At that time, the Council had upheld the
Commission's ruling and approved the issuance of a conditional use permit
and a building permit. Since that time, the Superior Court had restrained
action on the building permit due to a pending appeal which alleges that the
City had acted improperly under a non-existent ordinance.
Campbell questioned the options open to Council that evening. City Attorney
replied that Council had three options: 1) to uphold the Planning and Zoning
Commission's decision for granting of the variance; 2) to reverse the Commission's
decision; and, 3) to order another hearing before the Planning and Zoning Com-
mission for taking of any additional evidence that Council might find necessary
on any or all of the four elements that must be met in the granting of a variance.
ORIGINAL
TOWNSITE:
(cont'd)
I
I
I
PAGE 229
VOLUME 18
SPECIAL MEETING - JUNE 29, 1978
IV.
SPECIAL ITEMS:
(cont'd)
Potts stated that Council at the previous Board of Adjustment hearing had
unanimously upheld the Planning and Zoning Commission's decision to grant
a conditional use permit and asked if it would be contradictory for Council
to act this evening to deny the variance. City Attorney replied that the
conditional use permit had been granted under a different ordinance and
set of requirements than those of the variance and that it would not be
contradictory for Council to rule that Miller met the requirements for a
conditional use permit under one ordinance but not for a variance under a
different ordinance.
Following discussion, it was moved by Campbell, seconded by Leer and
unanimously carried by all those present to overturn the Planning and Zoning
Commission's ruling and deny the variance.
B. City Manager distributed letter dated June 27, 1978, from the
State Department of Natural Resources regarding salvage timber sales in
three locations in Forest Service lands north of the City. He stated that
although Council could not take official action on the matter that evening,
he requested an indication 0f their feelings and would so inform the State
and schedule the item for official action at the July 10 Council meeting;
Council voiced no objections to the timber sales.
C. City Manager stated that the budget for fiscal year 1978-79
contained $3500 each for the purchase of two used police cars. He stated
the City had the opportunity to purchase two 1976 cars at approximately
$2600 each and requested Council give him an indication if he could have the
cars held until the meeting of July 10 and receive a favorable vote at that
time for the purchase of the two vehicles; there was no objection voiced by
Council.
D. City Manager stated on July 5, 36 people would be arriving in
Seward, 12 of whom would be U.S. Senators, and described their schedule
while in the Seward area. He stated there would be an opportunity to
discuss matters of interest with them but stated Senator Stevens had requested
that D-2 not be discussed. Vincent objected to such a directive to restrict
discussion of the D-2 issue, stating it was the most important issue facing
Alaskans and they should be able to discuss the matter with the Congressmen.
E. City Manager further reported on the schedule of the Japanese
delegation arriving in Seward on July 2.
V.
ADJOURNMENT:
was
adjourned at 9:21 p.m.
,,~. H"? j ~
Mayor
/
(
,
"'..
----------------------------------------------------------------------------
PAGE 230
REGULAR MEETING - JULY 10, 1978
VOLUME 18
I. CALL TO ORDER:
The regular meeting of the Seward City Council of July 10, 1978,
was called to order at 7:31 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Potts led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Leer, Potts and Vincent (Absent, with Council
consent, was Mott)
Present also: City Manager Johnson, City Attorney Jarrell,
Admin. Asst. Schaefermeyer and City Clerk-Treasurer
Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Gillespie, seconded by Vincent and unanimously
carried by all those present to approve the regular meeting minutes of June
19 and the special meeting minutes of June 29, 1978, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following changes be made in the
regular meeting agenda:
IX. Ordinances and Resolutions:
A. Ordinances for Introduction:
2. Proposed Ordinance No. 465 regarding City
electrical tariff - added
C. Resolutions:
4. Proposed Resolution No. 78-34 regarding
Jesse Lee Heights Subdivision Special
Improvement District - added
XI.
New
A.
Business:
Invoices as presented by Arctic Environmental
Engineers, Associated Asphalt Paving, Ltd. and
P, R & S, Inc. - added
XIII.
Council Discussion:
B. "City of Seward Electric Utility Department Tariff"
second draft dated June 7, 1978 - deleted and
combined with IX. A.2.
Following discussion, it was moved by Vincent, seconded by Campbell and
unanimously carried by all those present to approve the regular meeting
agenda as amended and the consent calendar as presented and the following
actions were taken:
P & Z COMSN:
1. "Notice of Vacancy - Planning and Zoning Commission"
legal advertisement as published two times in the
local newspaper, was noted. City Clerk stated that
no applications had been received to date for Council
consideration. (see XIV. C. page 237 for action)
HARBOR COMSN:
2. July 3, 1978, letter of resignation from Harbor Com-
missioner Lew Hanks, was noted. The City Clerk was
directed to advertise the vacancy and schedule Council
consideration of the applicants for July 24, 1978.
VI.
BOROUGH ASSEMBLY REPORT: None
PAGE 231
REGULAR MEETING - JULY 10, 1978
VOLUME 18
VII.
PUBLIC HEARINGS:
INA SUB: A. Public hearing was opened on Jim Pruitt's proposal to lease
property in the Small Boat Harbor for installation of coin-operated car wash
stations and the following items were noted:
I
Pruitt's lease proposal dated June 15, 1978
"Notice of Public Hearing" on lease proposal
as published two times in the local newspaper
Pruitt appeared from the audience and spoke in favor of his proposal, stating
that although the Harbor Commission did not have a quorum at the meeting
scheduled for June 28, 1978, he had personally contacted the Harbor Master
and several Commissioners and no objection had been voiced to his proposal.
In answer to a question from Potts, Pruitt stated a location east of the
sanitary dump station would be agreeable to him since there was some concern
that a westerly location might conflict with future plans to extend 4th
Avenue through to Airport Road. No one else appeared from the audience in
order to be heard and the public hearing was closed. Leer stated an overall
development plan for the harbor should be compiled prior to the leasing of
any additional land in the area. Campbell voiced support of Council beginning
negotiations with Pruitt while the Harbor Commission was in the process of
evaluating the proposal. Following discussion, Hugli, with Council consent,
directed the City Attorney to draft a resolution and lease for Council review
at its meeting of July 24.
VIII.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
I BUDGET: 1. Copies being made available to the public, Hugli
title only proposed ordinance regarding submission of the City tax
the Borough, entitled:
ELECTRIC
DEPT:
I
read by
rate to
An Ordinance Regarding the City Budget
and Tax Rate, Amending City Code Section
10-2
City Manager stated the ordinance, if enacted, would bring the City Code
into compliance with State Statutes requiring that the budget be adopted
and the mil rate submitted to the Borough no later than June 15 of each year.
It was moved by Campbell, seconded by Leer and unanimously carried by all
those present to introduce proposed Ordinance No. 463 and schedule a public
hearing for August 14, 1978.
2. Copies being made available to the public and distributed
to Council, Hugli read by title only proposed ordinance regarding the City
electrical utility tariff, entitled:
An Ordinance Establishing a Tariff for the
Electric Utility Department for the City of
Seward, Alaska
City Manager distributed the third revision of the "City of Seward Electric
Utility Department Tariff" dated July 5, 1978, recommended introduction of the
ordinance and scheduling of a study session to discuss the tariff prior to
the public hearing on the ordinance. It was moved by Campbell, seconded by
Potts and unanimously carried by all those present to introduce proposed
Ordinance No. 465 and schedule a public hearing for August 14, 1978. Hugli,
with Council consent, scheduled a study session for Monday, July 17, in order
to discuss the tariff.
PAGE 232
REGULAR MEETING - JULY 10, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
B. Ordinances for Public Hearing and Enactment:
C COUNCIL: 1. Copies being made available to the public, Hugli read by title
only proposed Ordinance No. 461 regarding conflicts of interest, entitled:
COMPTROLLER!
RES:
STREETS!
RES:
POLICE DEPT!
RES:
An Ordinance Establishing a Code of Ethics
for City Officials, Creating City Code
Section 2-93 Through 2-96
"Notice of Public Hearing on Proposed City Ordinance" as published two times
in the local newspaper was noted. Public hearing was opened on the proposed
ordinance; no one appeared from the audience in order to be heard and the
public hearing was closed. Gillespie, Potts and Hugli spoke against the
ordinance, stating it would deter individuals from running for local public
offices and, further, would cause additional paperwork. City Attorney
recommended the second sentence in Sec. 2-94. of the ordinance be amended
to read as follows:
"At least one of said members shall be an attorney-at-law licensed
to practice law in this state, and said member may, but shall not
be required to be a resident of the city."
Following discussion, it was moved by Campbell, seconded by Leer but did
not carry as follows to enact Ordinance No. 461, as amended:
Ayes:
Noes:
Absent:
Campbell, Leer and Vincent
Gillespie, Hugli and Potts
Mott
C. Resolutions:
1. Copies being made available to the public, Hugli read by
title only proposed resolution regarding Social Security reporting require-
ments, entitled:
A Resolution Requesting the Social
Security Administration to Reconsider
Proposed Changes to Their Reporting
Requirements
City Manager stated the resolution was introduced because the City administra-
tion opposed the recent directive of the Social Security Administration which
requires reports to be made on a monthly basis rather than the previous quarterly
basis. It was moved by Campbell, seconded by Leer and unanimously carried
by all those present to approve Resolution No. 78-27.
2. Copies being made available to the public, Hugli read by
title only proposed resolution regarding the renaming of 7th Avenue, entitled:
A Resolution Renaming Seventh Avenue
to Ballaine Boulevard
It was moved by Leer, seconded by Campbell and carried as follows to approve
Resolution No. 78-32.
3. Copies being made available to the public, Hugli read by
title only proposed resolution regarding the jail contract with the State,
entitled:
A Resolution Authorizing the City Manager
to Enter Into an Agreement With the State
Division of Corrections for Use of the City
Jail Facilities, and Revising the City
Budget for Fiscal Year 1978-79 to Reflect
the Remuneration for Said Agreement
J"'IJ
PAGE 233
REGULAR MEETING - JULY 10, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
POLICE DEPT!City Manager said a contract had been presented to the City by the State
RES: Division of Corrections for operation of the jail facility at $77,000
(cont'd) through June 30, 1979. He stated the contract sum was substantially higher
than the $58,000 figure of the previous fiscal year and the $50,000 budgeted
for the current year, due to the fact that the State was requesting that
an additional jailer be hired, bringing the total to three jail personnel
in the City whose salaries were reimbursed by the State. Potts requested
that if the contract were approved, the administration place a notice in
the newspaper informing the public that the State was requesting and paying
for the additional employee. Following discussion, it was moved by Campbell,
seconded by Leer and unanimously carried by all those present to approve
Resolution No. 78-33.
I
JESSE LEE
HTS SUB!
RES:
4. Copies being made available to the public, Hugli read
by title only proposed resolution regarding the proposed Jesse Lee Heights
Subdivision Special Improvement District for sewer and water extensions in
the vicinity, entitled:
A Resolution of the City Council of
the City of Seward, Alaska, Authorizing
a Survey of the Proposed Jesse Lee
Heights Subdivision Special Improvement
District and Setting a Public Hearing
I
City Manager stated approval of the resolution was a necessary step in establish-
ing the assessment district for the Jesse Lee Heights Subdivision. He further
stated property owners who purchased in the area had previously signed a petition
stating they would approve a future SID for sewer and water improvements. It
was moved by Gillespie, seconded by Potts and unanimously carried by all those
present to approve Resolution No. 78-34 and schedule a public hearing for
August 14, 1978.
X.
UNFINISHED BUSINESS:
None
XI.
NEW BUSINESS:
WATER DEPT: A. June 12, 1978, invoice from Western States Associates in the
amount of $9,146.38 for completion of water improvements and memo dated June
19, 1978, from Arctic Environmental Engineers accepting completion of the
well pump, were noted. City Manager stated there was an error on the invoice
and it should read $9,156.38. It was moved by Campbell, seconded by Leer and
unanimously carried by all those present to pay the Western States Associates'
bill in the amount of $1,156.38.
STREETS, RDS, City Manager distributed "Periodic Estimate for Partial Payment"
HWYS: No. 5 for the month of June 1978 as submitted by Associated Asphalt Paving, Ltd.
for Seward street improvements in the amount of $448,794.68. City Manager
stated final completion of the project had not yet been certified by the engineer;
however, due to the amount of money involved, requested tentative approval in
order not to hold up payment until the next Council meeting. Sid Clark, Arctic
Environmental Engineers, appeared and spoke and answered questions on the street
paving project and stated there were some questions as to whether the contractor
had met minimum specifications in all areas of the project. Vincent commented
I on the squared corners and asked if the contractor could round them off.
Following discussion, it was moved by Gillespie, seconded by Vincent and carried
as follows to pay Associated Asphalt Paving, Ltd. $448,794.68 subject to the
engineer's final inspection and approval:
Ayes:
Noes:
Absent:
Gillespie, Hugli, Leer, Potts and Vincent
Campbell
Mott
(see XIV. B. page 237 for further action)
PAGE 234
REGULAR MEETING - JULY 10, 1978
VOLUME 18
XI.
NEW BUSINESS:
(cont'd)
WATER DEPT: City Manager distributed "Periodic Estimate for Partial Payment"
No.3 for November 1, 1977, through June 30, 1978, as submitted by P,R & S, Inc.
for water system improvements in the amount of $41,566.40. He stated the work
had been certified by the engineer and the amount represented the final payment
on the 400,000 gallon water tank and main from Lowell Canyon. Engineer Sid
Clark appeared and spoke and answered questions on the project. Following
discussion, it was moved by Gillespie, seconded by Campbell and unanimously
carried by all those present to pay P,R & S $41,566.40 as final payment on
the water tank and main.
STREETS, RDS,
HWYS!SEWAGE Environmental
TRTMT!FIRE
DEPT!WATER:
City Manager distributed the following invoices from Arctic
Engineers:
Invoice
7278
7178
6978
6878
7078
Proj ect
Street paving project
Street paving project
Sewage treatment project
Fire Station roof improvements
Ft. Raymond well system
TOTAL
Amount
$ 29,440.53
2,287.50
551. 00
3,920.00
402.50
$ 36,601.53
Following discussion, it was moved by Gillespie, seconded by Campbell and
unanimously carried by all those present to pay Arctic Environmental Engineers
$36,601.53 for the stated work.
STREETS, RDS,
HWYS:
B. Alberta I. Stanton's letter of June 22, 1978, regarding the
drainage ditch on Second Avenue constructed as a part of the recent street
paving project, was noted. City Manager stated the letter was presented for
information only and further stated the engineer had personally tried to
contact Mrs. Stanton and that some changes had been made to the ditch in
question.
FOREST SERVICE: C. June 27, 1978, letter from the State Department of Natural
Resources regarding a proposed salvage timber sale in areas north of Seward,
was noted. City Manager stated he had received a verbal statement of non-
objection from the Council at a previous work session but needed official
direction. It was moved by Vincent, seconded by Leer and carried as follows
to voice non-objection to the proposed classification:
Ayes:
Noes:
Abstain:
Absent:
Campbell, Gillespie, Hugli, Leer and Vincent
None
Potts
Mott
XII.
CITY MANAGER REPORTS:
INSURANCE:
A. June 21, 1978, letter from Rollins, Burdick and Hunter regarding
a risk management study, was noted. City Manager stated there was a municipal
insurance risk management conference scheduled for August 8-9 in Dallas, Texas,
and asked that he and a Councilmember be authorized to attend. Potts stated
he would be interested in attending but would defer to a member with more
tenure and a longer term. It was moved by Potts, seconded by Leer and carried
as follows to authorize the City Manager and a Councilmember to go to the
seminar in Dallas:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer and Potts
Vincent
Mott
LOC ORGS!
JESSE LEE
HOME:
B. City Manager called the Councilmembers' attention to two posted
drawings which indicated the proposed plans for the Alaska State Housing
Authority (ASHA) senior citizen housing to be constructed on a parcel of land
in the Jesse Lee Home tract. He stated one proposal would require the donation
of additional land and ASHA had further requested that the parking regulations
as set forth in the zoning ordinance be waived for the project. Following
discussion, Hugli, with Council consent, stated no additional land other than
that set forth in Resolution No. 78-25 would be donated and ASHA would have
to comply with the parking regulations.
PAGE 235
REGULAR MEETING - JULY 10, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
C. City Manager stated the City had applied for $180,000 under the
Coastal Energy Impact Program Round II funding for 1978 and had been informed
by the Department of Community and Regional Affairs that the City's requests
had been placed on the deferred status list.
OCEANVIEW SUB: D. City Manager distributed letter the administration had received
from the University of Alaska regarding development of Lots 1-3, Block 5,
Oceanview Subdivision, which had been obtained through the R-2l Urban Renewal
I Project in 1975. He stated due to the failure of bond packages and thus lack
of funds for construction, the University was requesting an indefinite extension
to meet the development requirements as set forth in HUD regulations for the
R-2l property. Gillespie voiced support in working with the University in
any manner possible. Following discussion, it was moved by Vincent, seconded
by Campbell and carried as follows to inform the University of Alaska that the
Council found the term "indefinite" totally unacceptable, however, they would
agree to a one year extension and re-evaluate the situation at that time:
Ayes:
Noes:
Absent:
Campbell, Hugli, Leer, Potts and Vincent
Gillespie
Mott
E. City Manager distributed a copy of U.S. Secretary of the Interior
Cecil Andrus' schedule while in the Seward area July 11 and 12.
F. City Manager and Campbell spoke on the draft ordinance presently
before the Kenai Peninsula Borough Assembly regarding the centralization of
health services.
I
G. City Manager distributed the five proposals for development of
the Seventh Avenue beach area pursuant to the $100,000 CEIP grant award, as
received from CCC!HOK; Trans-Alaska Engineering; CH2M Hill; Kramer, Chin and
Mayo; and Arctic Environmental Engineers. With Council consent, he recommended
the proposals be scheduled for Council discussion at the study session of
July 17 and action be scheduled for the July 24 regular Council meeting.
4TH OF
JULY CREEK
(ALPETCO) !
BUDGET:
H. City Manager spoke on the advertisement ALPETCO had been running
in newspapers throughout the State, listing the criteria for site selection of
their proposed refinery and petro-chemical operations and requesting interested
parties to submit proposals. He requested Council open discussion to the public
on whether the City should submit a proposal for location of the 2.5 billion
dollar industry at the 4th of July Creek area. Public hearing was opened on
the subject. Brent Whitmore, Roy Mattson, Beverly Dunham, Karen Swartz and
James Pruitt appeared from the audience and spoke in favor of the City submitting
such a proposal to ALPETCO. Don Oldow appeared and stated a public meeting
should be held in order to receive all available public input. Following dis-
cussion, it was moved by Gillespie, seconded by Leer and unanimously carried
by all those present to give the City Manager the authority to put together
a proposal to ALPETCO for submittal by the July 21 deadline, and to appropriate
$2,500 from the Council contingency fund to put the package together. City
Manager stated the Alaska Railroad had voiced interest in working with the City
in a joint venture. With Council consent, he stated he would invite Bill
Dorsey of the Railroad, the Harbor Commission, Planning and Zoning Commission
to meet with Council and the Ad Hoc Committee on Tuesday, July 11, 1978, at
7:00 p.m. in order to further discuss the proposaL
VIII.
CITIZENS' DISCUSSION:
(Taken out of order by Mayor with Council consent)
I STREETS: A. Garry LeFLore, owner of the Forget-Me-Not shop, appeared from
the audience and stated he understood there was a City ordinance which res-
tricted the blocking of streets and sidewalks and, thus, prohibited sidewalk
sales. He requested that a special dispensation be awarded or the ordinance
be revised in order to allow occasional sidewalk sales to be conducted by down-
town merchants. Fire Chief Watsjold appeared and spoke against allowing merchants
to block the sidewalks with merchandise due to the hazards which were caused
by people walking out in the street; LeFlore answered that precautions would be
taken to keep merchants from blocking the entire width of the sidewalk. City
Attorney stated he felt sidewalk sales could be held within the confines of the
present ordinance. Following discussion, City Manager, with Council consent,
suggested that he be given the authority to negotiate certain ground rules
with the merchants and allow sidewalk sales on a prescheduled basis.
.-
PAGE 236
REGULAR MEETING - JULY 10, 1978
VOLUME 18
XIII.
COUNCIL DISCUSSION:
A. The following items were noted relative to the operation of
transient merchants in the City:
Chapter 16 of the Seward City Code, "Peddlers,
Solicitors, Etc."
June 21, 1978, letter from Stephen Rodwin,
voicing objection to the City ordinance
City of Kenai proposed ordinance regarding mobile
food vending units
Stephen Rodwin, Cobbler, appeared from the audience and spoke on his inability
to pay the fees set forth in the new City ordinance and asked that there be
some criteria set forth which would distinguish artists and craftsmen from
peddlers. Garry LeFlore asked if the ordinance prohibited a businessmen
like Rodwin from setting up within an established store and specifically
referred to the photographer who operated out of his store on various occasions
throughout the year without paying the transient merchant fee. Julie Renwick
appeared and questioned if the ordinance restricted the activities of the
veterinary who came to town once every few months. Karen Swartz appeared
and stated the Council was wasting a lot of time on the ordinance for someone
who did not even live in Seward. Beverly Dunham spoke in favor of the
ordinance, stating it protected the local merchants. Following discussion,
Potts stated he felt the ordinance needed some rewriting and, with Council
consent, requested the matter be scheduled for discussion at the Council
study session of July 17.
B.
dated July 5,
scheduled for
"City of Seward Electric Utility Department Tariff" third draft
1978, was distributed and it was noted that the item had been
discussion at the Council study session of July 17.
KENAI PEN
BORO:
C. Greater Soldotna Chamber of Commerce Resolution No. 78-3
opposing repeal of the Kenai Peninsula Borough sales tax, was noted. Follow-
ing discussion, it was moved by Gillespie, seconded by Campbell but did not
carry as follows to direct the City Manager to draft a resolution to the
Soldotna Chamber of Commerce showing the Council's support of its resolution:
Ayes:
Noes:
Absent:
Campbell and Gillespie
Hugli, Leer, Potts and Vincent
Mott
D. Vincent stated the matter had been brought up months ago but he
again wanted to voice his displeasure with items which needed action being
presented to Council the night of the meeting, thus not allowing the Council-
members adequate time to review the material.
E.
report on the
the new leash
In answer to a question from Potts, City Manager gave a status
number of dogs which had been apprehended since enactment of
law ordinance July 1, 1978.
F. In answer to a question from Campbell, City Manager stated he
would contact the local druggist and urge him to keep a supply of distemper
and rabies vaccine on hand.
XIV. CITIZENS' DISCUSSION:
A. Brent Whitmore appeared from the audience and reported on the
Obihiro contingent which came to Seward for the 4th of July celebration and
further reported on the summer student exchange program. He requested Council
consider donating a plot of land and ask Obihiro to send a Japanese gardener,
at their expense, to set up the garden in traditional Japanese fashion. Hugli
stated the suggestion would be discussed at the Council work session of July 17.
PAGE 237
REGULAR MEETING - JULY 10, 1978
VOLUME 18
XIV.
CITIZENS' DISCUSSION:
(cont'd)
I
RDS, B. City Manager stated Sid Clark had just returned to the Council
Chambers after driving around the street paving project. Clark stated he had
identified 42 out of 166 radiuses which could be improved and estimated it
would cost $2 per square foot. City Manager stated he had some available funds
from sewer and paving projects but would need Council to allocate an additional
$7,000 to cover the approximate project costs of $12,000. It was moved by
Gillespie, seconded by Campbell and unanimously carried by all those present
to give the City Manager the authority to have this additional paving of the
radiuses done and to appropriate $7,000 from the City Council contingency
fund for the project.
STREETS,
HWYS:
P /, Z COMSN: C. Vincent stated he noted as an item on the consent calendar that
no applications had yet been received to fill the vacancy on the Planning and
Zoning Commission. He stated he had contacted Seward Shea and Shea had
agreed to serve if appointed. It was moved by Vincent, seconded by Leer
and unanimously carried by all those present to appoint Seward Shea to the
Planning and Zoning Commission.
D. City Manager requested that an executive session be held
immediately following adjournment of the regular meeting agenda in order
to discuss lawyer/client matters. It was moved by Potts, seconded by
Campbell and unanimously carried by all those present to hold an executive
session regarding personnel matters.
E. Beverly Dunham appeared and spoke against the restricted hours
of the Post Office. City Manager stated he would write a letter to the Post
Office to request they remain open until 6:00 p.m. Monday-Saturday.
F. Roy Mattson stated he lived on Second Avenue just 100 feet
beyond where the street paving project ended and requested that the roadway
be oiled. Following discussion regarding the restrictions on oiling near the
Lagoon, City Manager stated he would make an attempt to get the street watered.
I
G. Wayne Heinbaugh appeared and spoke on problems with the road
and alley adjacent to and water lines on his property on 6th Avenue.
XIV. ADJOURNMENT:
The meeting was adjourned at 10:20 p.m. and Council immediately
went into executive session regarding personnel matters.
y!
L. Hugli
(Ii;ity Seal)
7;;:~~,
'"
.... 'p' r', ~
,~ ,; '. r
~;Z?~'~~~~.~~~(.' ".~
I
PAGE 238
REGULAR MEETING - JULY 24, 1978
VOLUME 18
I. CALL TO ORDER:
The regular meeting of the Seward City Council of July 24, 1978,
wa:> called to order at 7:32 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Vincent led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
*Leer, Potts and Vincent (Absent, with Council
consent, was Mott)
Present also: City Manager Johnson, City Attorney Jarrell,
Administrative Assistant Schaefermeyer and City
Clerk-Treasurer Shanley
INTRODUCTIONS:
Brent Whitmore appeared from the audience and introduced the
Japanese Exchange Students: Takara Kuroda, Tadauobu Ouiwa and Mikiya Ito.
The students presented the Mayor with gifts from the City of Obihiro, Japan,
and Whitmore displayed the trophy the City purchased for an Obihiro festival
which the exchange students would be carrying back to Japan with them.
City Manager stated former Councilmember HansHafemeister was
in the audience and was celebrating his 84th birthday. Applause followed.
IV.
APPROVAL OF MINUTES:
It was moved by Campbell, seconded by Potts and unanimously carried
by all those present to approve the regular meeting minutes of July 10, 1978,
as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following addition be made to the
regular meeting agenda:
XII. City Manager Reports:
B. Trans-Alaska Engineering bill for services
rendered in the amount of $1620
It was moved by Vincent, seconded by Campbell and unanimously carried by
all those present to approve the regular meeting agenda as amended and the
consent calendar as presented and the following actions were taken:
HARBOR:
1. July 5, 1978, letter from the Port of Portland
regarding a recent visit to Seward was noted for
information and filed.
o C S:
2. Marathon Oil Company's letter of July 10, 1978, and
attached "Notice of Support Activity" regarding Lower
Cook Inlet exploratory drilling and support services,
was noted for information and filed.
ABC B:
3. July 10, 1978, letter from the Alcoholic Beverage Control
Board requesting City comments on the transf8r of the
Yukon Bar's beverage dispensary license from Pelch to
Lawton was noted and filed without objection.
o C S:
4. Exxon Company, USA, letter of July 12, 1978, noticing
of abandonment of exploratory drilling activities in
the Gulf of Alaska was noted for information and filed.
LOC ORGS!
JESSE LEE
HOME/MARA-
I THON
ADDN:
14TH OF
CREEK
AREA:
I
PAGE 239
REGULAR MEETING - JULY 24, 1978
VOLUME 18
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave Kenai Peninsula Borough Assembly report
for July 18, 1978.
VII.
PUBLIC HEARINGS:
A. Public hearing was opened on the proposed grant of a portion of
Tract A-lA, Jesse Lee Heights Subdivision, more commonly known as Jesse Lee
Home, to the State of Alaska for elderly housing construction and "Notice of
Public Hearing on Grant of City Property" as published one time in the local
newspaper was noted. Rev. Revelle Roach appeared from the audience and stated
after the City had offered the Jesse Lee Home site, additional City property
adjacent to the initially-offered parcel in the Marathon Addition had become
available and the senior citizens requested Council cancel the Jesse Lee Home
site in exchange for the Marathon Addition location. No one else appeared from
the audience in order to be heard and the public hearing was closed. City
Manager explained that additional land had become available in the Marathon
Addition because those parcels previously earmarked to be deeded to the
Council on Alcoholism and Mental Health had been released by that organization
due to a change in construction plans. In answer to a question from Campbell,
City Manager proposed that Council negotiate the granting of Lots 4, 5, 11 and
12 with the vacation of a portion of the 50' City right of way, of the Marathon
Addition, with the State bearing the costs of the necessary resubdividing and
vacation. Further, he recommended against the granting of Lots 3 and 13 due
to the location of the hospital's emergency water well and the desirability
of maintaining a buffer zone surrounding the hospital. He stated the replat
of the parcels should not be signed by the City until ASHA was totally
committed to the construction project. Following discussion, it was moved
by Campbell, seconded by Potts and unanimously carried by all those present
to withdraw the Jesse Lee Home land and reinstate the Lowell Canyon site,
with expanded property, for the senior citizen housing project to be offered
to ASHA. Hugli noted a public hearing would be scheduled for August 14,
1978, on the proposed Marathon Addition site.
JULY B.
Petrochemical
facilities at
Public hearing was opened on the City's proposal to Alaska
(ALPETCO) to locate their planned oil refinery and petrochemical
the Fourth of July Creek area and the following items were noted:
"Notice of Public Hearing" regarding subject,
as advertised in the local newspaper on one
occasion
Letter dated July 18, 1978, from Alaska Rail-
road General Manager Dorcy regarding City!
Railroad joint proposal to ALPETCO
Hans Hafemeister and Ruth McHenry appeared from the audience and spoke against
the proposal. Brent Whitmore, Karen Swartz, Eva Culverson, Virginia Darling,
Pat Williams and Dale Lindsey appeared and spoke in favor of the proposal. Ron
Lewis questioned access requirements to the proposed site. Marilyn Rowley questioned
McHenry as to what the City had to look forward to without ALPETCO and McHenry
voiced support of pursuing the bottom fishing industry. David Doolen appeared
and stated regardless of whether ALPETCO located in Seward, the proposal provided
the opportunity for the City and the Railroad to work together. No one else
appeared from the audience in order to be heard and the public hearing was
closed.
*COUNCILMEMBER LEER ARRIVED AT THIS TIME AND HEREAFTER TOOK PART IN THE MEETING.
City Manager spoke on the following day's scheduled activities for the ALPETCO
delegation expected to arrive in the morning. In answer to a question from
Vincent, City Manager stated Council should make a decision that evening on
whether to proceed with the proposal. Gillespie stated that additional public
hearings would be held if arid when disposal of the land in the Fourth of July
Creek area was discussed. Potts stated a decision on whether to proceed would
have to be made in January of 1979 if ALPETCO chose Seward as the tentative
location for its operations. Vincent stated that whether supportive of or
opposed to ALPETCO locating in Seward, the Council should make sure it was
representing the local population and felt that the public hearing was not
adequate in that regard. It was moved by Vincent, seconded by Campbell but
did not carry as follows that the question be placed on the ballot during
. i'\
, ,
4TH OF JULY
CREEK AREA:
(cont'd)
WATERFRONT
TRACTS:
ELECTIONS!
ORD:
North
Harbor
Sub.!
RES:
PAGE 240
REGULAR MEETING - JULY 24, 1978
VOLUME 18
VII. PUBLIC HEARINGS: (cont'd)
the City election in October or an earlier date as decided by the Council:
Ayes:
Noes:
Absent:
Campbell and Vincent
Gillespie, Hugli, Leer and Potts
Mott
VIII.
CITIZENS' DISCUSSION:
A. Representatives of the consulting firms of Kramer, Chin and Mayo;
CH2M Hill, and Arctic Environmental Engineers appeared and gave brief verbal
presentations relative to the Seventh Avenue greenbelt planning and design
study.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
(See !:.:...A.)
B. Ordinances for Public Hearing and Enactment:
1. Copies being made available to the public, Hugli read by
title only proposed Ordinance No. 464 regarding the City Election Code,
entitled:
An Ordinance Regarding Elections,
Repealing and Re-enacting Chapter 8
of the Seward City Code
"Notice of Public Hearing" as published two times in the local newspaper,
and memo dated June 26, 1978. from City Clerk Shanley listing the proposed
revisions to the Election Code, were noted. Public hearing was opened on
the ordinance; no one appeared from the audience in order to be heard and
the public hearing was closed. City Manager requested an amendment be made
in the first sentence of Sec. 8-19 (f) to read as follows:
If a tie vote exists and only one of the candi-
dates so tied may hold office under the laws
establishing the office voted for, the tie shall
be broken by a single coin toss in which the first
candidate to have filed a nominating petition shall
call the coin during the toss, as conducted by the
City Council at the meeting held for the canvassing
of the votes.
It was moved by Gillespie. seconded by Vincent and unanimously carried by
all those present to enact Ordinance No. 464 as amended.
C. Resolutions:
1. Copies being made available to the public and distributed to
Council, Hugli read by title only proposed Resolution No. 78-35, entitled:
A Resolution Authorizing the City Manager
to Negotiate the Terms of a Lease for a
Coin Operated Car Wash and Fixing the
Terms of the Lease
"Notice of Public Hearing" as held July 10, 1978, on the subject, and June 15,
1978, proposal as submitted by Pruitt, were noted. City Manager stated the
Harbor Commission had discussed the proposal at their last meeting and had
suggested that the property directly across the street, in a northerly direction,
from "The Dinghy" was more suitable than a location adjacent to the sanitary
dump station. Gillespie stated he felt a car wash was needed, however, voiced
objection to the Commission's site proposal, stating that the corner was prime
commerical property and would be better used for a building site. In answer
to a question from Hugli, City Attorney confirmed that if the Council approved
the resolutio~with the insertion of a location description, this evening, the
lease agreement would become effective in 30 days unless Council took action to
rescind the resolution.
North
Harbor
Sub!
RES:
(cont'd)
I
PAGE 241
REGULAR MEETING - JULY 24, 1978
VOLUME 18
Cl A ,
//~ I
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
RECESS: The meeting was recessed at 9:15 p.m.; reconvened at 9:23 p.m.
Potts questioned if the 30 by 40 foot parcel which Pruitt was proposing to
lease would be large enough to accommodate the vehicles waiting in line to
use the car wash and those drying their cars afterwards. Pruitt appeared
from the audience and spoke in support of his proposal, statinghe would be
providing a much-needed service to the community and that the proposed size
of the concrete pad would be large enough to handle boats and trailers.
Further, he stated he was making quite an investment in the project and
requested that the proposed lease agreement for an initial five year term
be amended, stating that other leaseG in the harbor area were for 35 years.
Following discussion, it was moved by Campbell, seconded by Vincent and
carried as follows to approve Resolution No. 78-35, the car wash location
to be the corner across from the Breeze Inn:
Ayes:
Noes:
Absent:
Campbell, Hugli, Potts and Vincent
Gillespie and Leer
Mott
X.
UNFINISHED BUSINESS:
POLICE DEPT: A. Copies being made available to the public and distributed to
Council, Hugli noted by title only the draft revision of the transient
merchant ordinance, entitled:
I
WATERFRONT
TRACTS:
I
ORIGINAL
TOWNSITE:
An Ordinance Relating to Transient Merchants,
Amending Section 16-7 of the Seward City Code
and Creating New Sections Thereof
City Attorney spoke on the provisions of the draft ordinance, stating the
document incorporated provisions for the regulation of mobile food vending
units. Following discussion, it was moved by Potts, seconded by Vincent
and carried as follows to introduce proposed Ordinance No. 466 and schedule
a public hearing for August 28, 1978:
Ayes:
Noes:
Absent:
Gillespie, Hugli, Leer, Potts and Vincent
Campbell
Mott
XI.
NEW BUSINESS:
A. It was noted that the following firms had submitted proposals
for the Seventh Avenue greenbelt planning and design study pursuant to the
$100,000 Coastal Energy Impact Program grant which had been awarded to the
City:
--Arctic Environmental Engineers
--CCC!HOK
--CH2M Hill
--Kramer, Chin and Mayo
--Trans-Alaska Engineering
It was moved by Campbell, seconded by Vincent, but later withdrawn, to award
the Seventh Avenue greenbelt contract to Trans-Alaska Engineering. At the
request of Gillespie, a secret ballot was conducted. Following three such
ballots with the final vote resulting in a tie between Arctic Environmental
Engineers and Trans-Alaska Engineering, City Manager, with Council consent,
suggested that a special meeting be called prior to the next regular Council
meeting in order to decide the issue.
B. Letter dated July 12, 1978, from A.V. Marrou, regarding purchase
of real property in Seward in exchange for his private library, was noted;
Council had no comment on the request.
C. Letter dated July 11, 1978, from the Department of Housing and
Urban Development, requesting City comments on the proposed local senior
housing project, was noted. City Manager, with Council consent, stated the
letter would be forwarded to the senior citizens' organization for comment.
D. Petition received July 17, 1978, bearing 27 signatures, requesting
the rezoning of Lots 26-40, Block 22, Original Townsite, was noted. Ron Lewis,
petitioner, handed the Clerk a map which she posted, outlining the subject
property. City Attorney stated his legal opinion regarding the validity of the
ORIGINAL
TOWNS I TE :
(cont'd)
ELECTRIC:
LOC ORGS!
O.T. :
C ENGINEER:
WATER:
HARBOR:
PAGE 242
REGULAR MEETING - JULY 24, 1978
VOLUME 18
XI.
NEW BUSINESS:
(cont'd)
petition was the same as the Borough's and he referred to a letter the City
had received from the Borough Planning Department stating that the petition
was not adequate to meet the requirements for rezoning as set forth in Seward
Zoning Ordinance Sec. 21.78.570 (b) (1). City Attorney further explained that
the zoning ordinance required a majority of property owners in the "area" to
sign the rezoning petition; "area" was defined as the property to be rezoned,
the subject petition contained signatures of the surrounding property owners
but not those owners of Lots 26-40. Following discussion on the proper pro-
cedure for Lewis to follow in submitting such a request, Hugli directed him
to file the petition with the Planning and Zoning Commission and, in answer
to a question from Lewis, confirmed that additional signatures could be added
to the petition which had already been presented to the City.
E. Letter dated July 14, 1978, from the Alaska Power Authority,
requesting the City submit its funding proposals for hydropower feasibility
studies pursuant to SB 601, was noted. City Manager stated the administration
was in contact with the Alaska Power Authority and a meeting would be held
with them in August.
XII.
CITY MANAGER REPORTS:
A. City Manager stated he had received a letter from the Council
on Alcoholism and Mental Health Services, requesting Council permission to
remodel the Oddfellows Hall located on the southeast portion of Lots 21-23,
Block 17, Original Townsite for a treatment center; no objection was voiced.
B. City Manager stated the City had received a bill in the amount
of $1620 from Trans-Alaska Engineering for drafting of water and sewer project
as-builts. It was moved by Campbell, seconded by Leer and unanimously carried
by all those present to pay $1620 to Trans-Alaska Engineering.
C. "Periodic Estimate for Partial Payment" No. 4 from Alaska
Mechanical in the amount of $24,309.16 for work performed on water system
improvements, was noted. It was moved by Gillespie, seconded by Campbell
and unanimously carried by all those present to pay Alaska Mechanical
$24,309.16 for work performed on the water system.
D. City Manager requested an executive session be held immediately
following adjournment of the regular meeting in order to discuss legal matters.
It was moved by Campbell, seconded by Potts and unanimously carried by all
those present to hold an executive session regarding legal matters following
the regular meeting.
XIII.
COUNCIL DISCUSSION:
A. The following items were noted as to the vacancy on the Seward
Harbor Commission:
"Notice of Vacancy" as published one time
in the local newspaper
Application forms as received from David
Hudspeth, Daniel Keyes and Julie Renwick
Following a secret ballot, City Clerk confirmed that David Hudspeth had
received four votes and Hugli so appointed him to the Harbor Commission.
B. In answer to a question from Vincent, City Manager stated he
would check to see if the City had received as-builts on all the recent water
and sewer work in order to be able to locate the lines and valves in the future.
C. In answer to a question from Vincent, City Manager gave a
report on the camping fees collected this summer and confirmed that the City
had contracted with David Campbell for" collection of the fees.
XIV. CITIZENS' DISCUSSION:
A. Beverly Dunham appeared from the audience and stated the Ballaine
sisters had been contacted in Seattle by telephone and had been invited as
guests of the City to attend the Founder's Day celebration in August. She stated
the sisters had accepted the invitation and were overjoyed at the prospect of
coming to Seward.
I
I PKS &
REC:
I
PAGE 243
REGULAR MEETING - JULY 24, 1978
VOLUME 18
XV. ADJOURNMENT:
The meeting was adjourned at 10:38 p.m.,at which time Council
immediately went into executive session regarding legal matters.
PAGE 243
SPECIAL MEETING - JULY 25, 1978
VOLUME 18
I. CALL TO ORDER:
The special meeting of the Seward City Council of July 25, 1978,
was called to order at 4:12 p.m. by Mayor Hugli.
II. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Leer and Vincent (Absent with Council consent
was Mott; also absent was Potts)
Present also: City Manager Johnson and Assistant City Clerk-
Treasurer Faust
III.
SPECIAL ITEMS:
It was noted that the following firms had submitted proposals
for the Seventh Avenue greenbelt planning and design study pursuant to the
$100,000 Coastal Energy Impact Program grant awarded to the City:
1. Arctic Environmental Engineers
2. CCC!HOK
3. CH2M Hill
4. Kramer, Chin & Mayo
5. Trans-Alaska Engineering
City Manager suggested that Council conduct a secret vote to
determine which firm would be awarded the contract. Following the secret ballot,
it was confirmed by the Assistant City Clerk-Treasurer that CH2M Hill had re-
ceived four votes. It was moved by Hugli, seconded by Vincent and unanimously
carried by all those present to award CH2M Hill the contract.
IV.
ADJOURNMENT:
meeting was adjourned at 4:17 p.m.
/1
L. Hugli
., .i
PAGE 244
REGULAR MEETING - AUGUST 14, 1978
VOLUME 18
I. CALL TO ORDER:
The regular meeting of the Seward City Council of August 14, 1978,
was called to order at 7:32 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Leer, Potts and Vincent (Absent, with Council
consent, was Mott)
Present also: City Manager Johnson, City Attorney Jarrell,
Admin. Asst. Schaefermeyer and City Clerk-Treasurer
Shanley
PROCLAMATION: City Clerk read in full "National Cancer Day - September 8, 1978"
proclamation and the Mayor so proclaimed.
IV. APPROVAL OF MINUTES:
It was moved by Vincent, seconded by Campbell and unanimously
carried by all those present to approve the regular meeting minutes of
July 24, 1978, and the special meeting minutes of July 25, 1978, as written.
VI. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that proposed Resolution No. 78-36 adopting
an electrical tariff be added to the regular meeting agenda as item IX. C.l.
At the request of Mary Lewis, Hugli asked for Council consideration of adding
a petition which had been presented requesting the rezoning of Lots 26-40,
Block 22, Original Townsite, from R-3 to R-2 district, as item VIII. B.
At the request of Hugli, it was moved by Potts, seconded by Leer
and unanimously carried by all those present to hold an executive session
immediately following adjournment of the regular meeting agenda in order to
discuss legal matters.
It was moved by Potts, seconded by Campbell and unanimously carried
by all those present to approve the regular meeting agenda as amended and the
consent calendar as presented and the following actions were taken:
COMPTROLLER:
1. The Comptroller's list of Accounts Payable for July
1978, totaling $642,993.27, was approved for payment
and filed.
WATER:
2. "Periodic Estimate for Partial Payment" as submitted
by Alaska Mechanical, Inc. in the amount of $20,091.69
for work on the constant pressure pump station, was
approved for payment and filed.
WATER:
3. "Periodic Estimate for Partial Payment" as submitted
by Alaska Mechanical, Inc. in the amount of $26,894.26
for work on Wellhouse No.4, was approved for payment
and filed.
C ATTORNEY:
4. Hughes, Thorsness, Gantz, Powell & Brundin bills for
legal services rendered for April, May and June, as
follows, were approved for payment and filed:
April
May
June
$ 4,312.01
3,406.50
3,451. 55
SEWAGE TREATMENT!
STREETS, RDS, HWYS!
WATER DEPT:
5. The following invoices as submitted by Arctic Environ-
mental Engineers for various projects were approved
for payment and filed:
SEWAGE TRTMT!
STREETS!
WATER DEPT:
(cont'd)
I
LOC ORGS!
MARATHON
ADDN:
I
JESSE LEE
HTS SUB:
I
ORIGINAL
TOWNSITE:
PAGE 245
REGULAR MEETING - AUGUST 14,1978
VOLUME 18
VI.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
Invoice Subj ect Amount
7978 Sewage treatment $ 447.00
8178 Street paving 19,149.86
8278 Street paving 1,488.00
8378 Street paving 242.00
8578 Water system 2,587.47
9078 Sewage treatment 1,467.05
9178 Water system 2,545.75
$ 27,927.13
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave Kenai Peninsula Borough Assembly report
for the meeting of August 1, 1978.
VII.
PUBLIC HEARINGS:
A. Public hearing was opened on the proposed grant of Lots 4, 5, 11
and 12, Marathon Addition, to the State of Alaska for elderly housing construction
and the following items were noted:
"Notice of Public Hearing" as published
one time in the local newspaper, notify-
ing the public of August 14 hearing before
the Council
Map showing location of proposed lots to
be granted for the housing project
Louis Robertson, representing Alaska State Housing Authority (ASHA) appeared
from the audience and stated ASHA supported the proposed Marathon site.
Revelle Roach appeared and stated no disapproval had been voiced at a recent
meeting of the senior citizens regarding the newly proposed site for the housing
project. In answer to a question, Robertson spoke on the anticipated time
table for the project, with construction commencing in early spring of 1979.
No one else appeared in order to be heard and the public hearing was closed.
City Manager referred to the map posted, showing the proposed grant of City-
owned property as well as vacation of a road right-of-way.
B. Public hearing was opened on the proposed Special Improvement
District for the Jesse Lee Heights Subdivision water and sewer extensions
and the following items were noted:
"Notice of Public Hearing" as published
two times in the local newspaper, notify-
ing the public of the August 14 hearing
before the Council
City of Seward, Alaska, Resolution No. 78-
34 entitled:
A Resolution of the City Council of
the City of Seward, Alaska, Authorizing
a Survey of the Proposed Jesse Lee
Heights Subdivision Special Improvement
District and Setting a Public Hearing
No one appeared from the audience in order to be heard and the public hearing
was closed.
VIII.
CITIZENS' DISCUSSION:
A. Wayne Heinbaugh, 461 Madison Street, appeared from the audience
and spoke against the manner in which Sixth Avenue, Madison Street and the
alley adjacent to his property were graded. He further spoke against the
drainage system and water pipes. City Manager drew a map showing how water
runoff had been directed away from Mr. Heinbaugh's property. He further stated
an independent plumber had been hired at City expense to investigate Heinbaugh's
" 1 i-:
; . ~ .. J
ORIGINAL
TOWNSITE:
(cont'd)
ORIGINAL
TOWNSITE:
BUDGET!
ORDS:
ELECTRIC!
ORDS:
ELECTIONS!
ORDS:
PAGE 246
REGULAR MEETING - AUGUST 14, 1978
VOLUME 18
VIII.
CITIZENS' DISCUSSION: (cont' d)
complaint that the water lines leaked and had found no justification for the
complaint. Following discussion, it was moved by Campbell, seconded by
Gillespie and carried as follows to direct the City Manager not to spend
any more taxpayers' money on Heinbaugh's complaint:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer and Vincent
Potts
Mott
B. Mary Lewis appeared from the audience and presented to the
Clerk a petition bearing 56 signatures, requesting the rezoning of Lots 26-
40, Block 22, Original Townsite from R-3 district to R-2 district. City
Clerk read in full the text of the petition.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
B. Ordinances for Public Hearing and Enactment:
1. Copies being made available to the public, Hugli read by
title only proposed Ordinance No. 463 regarding submission of the City tax
rate to the Borough, entitled:
An Ordinance Regarding the City Budget
and Tax Rate, Amending City Code
Section 10-2
"Notice of Public Hearing" as published two times in the local newspaper,
notifying the public of the hearing before Council, was noted. No one
appeared from the audience in order to be heard and the public hearing was
closed. It was moved by Gillespie, seconded by Leer and unanimously carried
by all those present to enact Ordinance No. 463.
2. Copies being made available to the public, Hugli read by
title only proposed Ordinance No. 465 regarding the electric tariff, entitled:
An Ordinance Establishing a Tariff for
the Electric Utility Department for the
City of Seward, Alaska
"Notice of Public Hearing" as published two times in the local newspaper,
notifying the public of the hearing before Council, was noted. City Manager
explained that the purpose of the ordinance was to allow the Council, by
resolution, to establish an electrical tariff. No one appeared from the
audience in order to be heard and the public hearing was closed. It was
moved by Gillespie, seconded by Leer and unanimously carried by all those
present to enact Ordinance No. 465.
3. Copies being made available to the public, Hugli read
by title only proposed Ordinance No. 467 regarding elections, entitled:
An Ordinance Regarding Elections,
Amending Sections 8-7 and 8-12 of
the Seward City Code and Declaring
an Emergency
City Attorney suggested that if the ordinance were enacted, the original draft,
as presented,should be amended by adding language which would justify the
declaration of emergency for adoption; he read the recommended amendments.
City Clerk spoke on the need for enactment of the ordinance under emergency
measures, stating there had been an omission of vital data regarding the
nomination of candidates in the recently enacted election Ordinance No. 463.
She stated the data had to be effective prior to August 24, 1978, the first
day to file a candidate to file a nominating petition for the October City
General Election. City Clerk assured Council that the ordinance would not
change the election procedure as followed the previous year. Public hearing
was opened on the proposed ordinance; no one appeared from the audience in
order to be heard and the public hearing was closed. Following discussion,
it was moved by Gillespie, seconded by Campbell and unanimously carried by
all those present to enact emergency Ordinance No. 467 as amended.
ELECTRIC
RES:
I
ELECTRIC
I
REFUSE:
SMALL BOAT
HARBOR:
I
JESSE LEE
HOME:
(~ . r7
,(l.; "
PAGE 247
REGULAR MEETING - AUGUST 14, 1978
VOLUME 18
IX.
(cont'd)
ORDINANCES AND RESOLUTIONS:
C. Resolutions:
DEPT!
only proposed
entitled:
1. Copies being distributed to Council, Hugli read by title
Resolution No. 78-36 regarding a City electrical tariff,
A Resolution of the City Council of the
City of Seward, Alaska, Adopting the
Electrical Tariff
City Manager stated the use of the word "Ordinance" in Section 1.1 Scope
of Services should be changed to read "Resolution". Potts referred to
Section 6.1 Metering and spoke against industrial demand metering, stating
the industrial user would, in affec4 be penalized for the City's power
fluctuations due to the additional draw on the system by the industrial equipment
during those fluctuations. Dave Olson of CH2M Hill, authors of the draft
tariff, appeared from the audience and, in answer to Potts' concern, explained
that during a power fluctuation more current would be drawn, as differentiated
from power, and such current draw would not affect the demand metering rate if
the fluctuations were within a normally acceptable range. Following discussion,
it was moved by Gillespie, seconded by Campbell and carried as follows to
approve Resolution No. 78-36:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer and Vincent
Potts
Mott
X.
UNFINISHED BUSINESS:
DEPT: A. Letter of August 2, 1978, from City Manager to Chugach Electric
Association (CEA) General Manager Shultz regarding high voltage potentials
and neutral currents surrounding the Seward Substation, was noted. Dave Olson
of CH2M Hill, appeared and stated he would be discussing the situation
with CEA the following week in order to initiate a course of action to resolve
the problem.
XI.
NEW BUSINESS:
A. Letter of August 9, 1978, from the Dept. of Environmental
Conservation Commissioner Mueller regarding designation of Seward as the
agency responsible for planning and implementation of solid waste management
programs within the City limits, was noted. City Manager stated the Borough,
rather than the City, held such powers; thus, no action was required.
XII.
CITY MANAGER REPORTS:
A. City Attorney's letter of June 19, 1978, regarding impoundment
of vessels in the Small Boat Harbor, was noted. City Manager, City Attorney
and Harbor Master Singleton spoke on the liability involved with impoundment
of vessels for non-payment of harbor fees. Campbell remarked that the State
had compiled a multitude of rules and regulations for operation of State-
owned harbors and it should have a suggestion on the procedures to be used
for debt collection. Further, Campbell stated he was of the opinion that the
State should supply a persona non grata list for distribution to the State
harbors, listing those boats and owners leaving a harbor with a bad debt.
City Attorney stated one manner in which the situation could be handled would
be to file a lien against the vessel. Willard Dunham appeared from the audience
and spoke in support of installing gates on the floats. City Manager stated
the harbor was a State facility for use by the general public and such gates
were not permissible. Following discussion, City Manager confirmed he would
further investigate the options to be used in controlling the harbor fee
collection problem.
B. Letters dated July 14 and 19, 1978, from the Dept. of Natural
Resources regarding designation of the Alaska Flag Site, Jesse Lee Home
property, as a historic location, was noted. Gillespie, with Council consent,
suggested that no action be taken on the historic designation request until
the Council made a decision on the disposal of Jesse Lee Home.
~ ) /! :./
PAGE 248
REGULAR MEETING - AUGUST 14, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
C. City Manager stated the insurance risk management seminar he
recently attended in Denver was most beneficial and he would have a written
report to present to Council at its next meeting.
D. City Manager stated he and the Comptroller would be traveling
to Soldotna on Thursday, August 17, in order to attend a meeting regarding
the Borough computer system.
XIII.
COUNCIL DISCUSSION:
ELECTIONS!
4TH OF JULY
CREEK AREA:
A. City Attorney's letter of August 3, 1978, regarding referendum
procedure for proposed ALPETCO location in Seward was noted. In answer to a
question from Vincent, City Attorney stated that Section 4.6 of the Seward
City Charter gave the Council the right to establish Code provisions for an
initiative!referendum procedure but such procedure had never been enacted.
City Attorney responded in the negative when Vincent questioned if the
Council would have to recognize an initiative petition if presented by
qualified voters.
B. Letter received July 21, 1978, from United Nations Association
requesting appointment of local UN Day Chairman for October 24, 1978, was
noted. There was no Council action on the request.
C. In answer to a question from Vincent, City Manager stated the
Public Works supervisor was on vacation but when he returned he would be
questioned to determine if the City had received as-built plans on all the
recently completed sewer and water construction.
D. Potts asked what action could be taken to control the parking
of oversized vehicles on Fourth Avenue and City Manager stated the adminis-
tration was working on a solution but had not yet resolved the problem.
XIV.
CITIZENS' DISCUSSION:
A. Willard Dunham and Al Noyes appeared from the audience and
spoke in support of ALPETCO locating in the 4th of July Creek area.
xv.
ADJOURNMENT:
p.m. and Council immediately
matters.
--------------------------------------------------------------------------
I
PAGE 249
VOLUME 18
REGULAR MEETING - AUGUST 28, 1978
I.
CALL TO ORDER:
The regular meeting of the Seward City Council of August 28,
1978, was called to order at 7:32 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Mott led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Mott and Potts (Absent, with Council consent,
were Councilmembers Leer and Vincent)
Present also: City Manager Johnson, City Attorney Arvidson,
Admin. Asst. Schaefermeyer and City Clerk-
Treasurer Shanley
INTRODUCTIONS: Hugli called upon Jackie Deck who introduced Florence
Andrews and Sophronia Kalin, daughters of Seward's
founding father John Ballaine, who had arrived from
Seattle to participate in Seward's 75th Anniversary
celebration. The two sisters thanked Seward residents
for their hospitality. Applause followed.
PROC! PROCLAMATION:
SP COM EVENTS:
I
COMPTROLLER:
STREETS, RDS,
HWYS:
FIRE DEPT:
I WATER DEPT!
STREETS!
C ENGINEER:
City Clerk read in full State of Alaska Executive
Proclamation by Governor Jay Hammond, declaring
August 28, 1978, as Seward 75th Anniversary Day.
IV.
APPROVAL OF MINUTES:
It was moved by Campbell, seconded by Potts and unanimously
carried by all those present to approve the regular meeting minutes of
August 14, 1978, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager noted an amended copy of Resolution No. 78-37
and attached Quitclaim Deed, and a copy of Resolution No. 78-38 had
been distributed to the Councilmembers. Following questions on the
Accounts Payable as submitted for August 1978, it was moved by Mott,
seconded by Campbell and unanimously carried by all those present to
approve the regular meeting agenda and consent calendar as presented
and the following actions were taken:
1. Comptroller's list of Accounts Payable for August
1978, totaling $206,150.27 was approved for payment
and filed.
2. Associated Asphalt Paving, Ltd., "Periodic Estimate
for Partial Payment" No. 6 submitted in the amount
of $187,012.15 for Seward street improvements'was
approved for payment and filed.
3. Consolidated Enterprises, Inc. "Periodic Estimate
for Partial Payment" No. 1 submitted in the amount
of $30,635.10 for Seward fire station improvements
was approved for payment and filed.
4. Arctic Environmental Engineers' invoices for various
projects, totaling $21,757.28, were approved for
payment and filed:
Invoice
9778
9878
9978
10078
10178
10278
Subj ect
Engineering Science of AK
Water system improvements
Water system improvements
Miscellaneous engineering
Street paving project
Street paving project
$
Amount
60.00
45.00
789.15
1,402.50
412.50
19,048.13
'1')(
SISTER CITY:
OCEANVIEW SUB:
o C S:
SP COM EVENTS:
POLICE DEPT:
LOC ORGS!
MARATHON
ADDN!
RES:
PAGE 250
REGULAR MEETING - AUGUST 28, 1978
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
5. Letter of July 18, 1978, from Mayor of Obihiro, Japan,
regarding recent visit to Seward was noted for informa-
tion and filed.
6. University of Alaska President Diebold's letter of
August 17, 1978, regarding contract with City for
development of R-2l Lots 1, 2 and 3, Block 5, Ocean-
view Subdivision, was noted for information and filed.
7. August 22, 1978, letter and "Notice of Support Activity"
from Phillips Petroleum Company regarding Lower Cook
Inlet exploratory drilling was noted for information
and filed.
8. August 18, 1978, letter from Community and Regional
Affairs Commissioner McAnerney congratulating Seward
on its 75th Anniversary was noted for information and
filed.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai
Peninsula Borough Assembly meeting of August 15, 1978.
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be
heard.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment:
1. Copies being made available to the public, Hugli noted
by number only proposed ordinance regarding transient merchants and mobile
food vendors, entitled:
An Ordinance Relating to Transient
Merchants, Amending Section 16-7 of
the Seward City Code and Creating
New Sections Thereof
"Notice of Public Hearing" as published one time in the local newspaper,
and memo dated July 27, 1978, from the City Clerk regarding the differing
fee schedule for transient merchants and food vendors, were noted.
Public hearing was opened on the proposed ordinance; no one appeared
from the audience in order to be heard and the public hearing was closed.
City Manager spoke on the ordinance, stating its purpose was to establish
regulations for mobile food vendors who had been exempt under the previous
ordinance, and, further, to define "itinerant vendors" and "transient
merchants" in more detail. Following discussion regarding the fee schedule
and the affect the ordinance would have on arts and crafts shows, it was
moved by Campbell, seconded by Gillespie and unanimously carried by all
those present to table the proposed ordinance until a work session could
be held to discuss the document in more detail.
C. Resolutions:
1. Copies being made available to the public and distributed
to Council, Hugli noted by number only proposed Resolution No. 78-37
regarding the granting of City-owned Lots 4, 5, 11 and 12 in the Marathon
Addition, and vacation of a portion of the right-of-way between the lots,
to the Alaska State Housing Authority for senior housing, entitled:
A Resolution Authorizing and Directing
the City Manager to Negotiate the Dis-
position of Real Property in the Marathon
Addition and Rescinding Resolution Nos.
78-23 and 78-25
LOC ORGS!
MARATHON
ADDN!
RES:
(Clt'd)
STREETS:
I
.J 1
PAGE 251
REGULAR MEETING - AUGUST 28, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
In answer to a question from Gillespie, City Manager stated the costs of
the right-of-way vacation, rezoning and replatting would be required to
be paid by ASHA. It was moved by Mott, seconded by Potts and unanimously
carried by all those present to approve Resolution No. 78-37.
2. Copies being made available to the public and dis-
tributed to Council, Hugli noted by number only proposed resolution
regarding the designation of First Avenue between Adams and Jefferson
as a one-way street going south, entitled:
A Resolution Requesting the Chief-
of-Police to Designate a One-Way
Street
City Manager stated Elsie Whitmore had contacted him with the request.
He had researched the matter and located a resolution which had been
approved in 1961, designating the block of First Avenue between Jefferson
and Adams as a one-way street "during the wintertime when so posted".
He stated that during the recent street paving project the one-way
street sign which had been posted at the end of Adams had been removed
and he needed Council direction on whether to replace it. Elsie Whitmore
appeared from the audience and spoke in support of the one-way street
designation, citing the danger of the blind right turn from Adams onto
First due to the close proximity of a house to the northeast corner
of the intersection. She further remarked that the steepness of the First
Avenue grade prevented people from parking on the east side of First
in the proper northerly direction because once stopped, the cars could
not get moving again up the grade; and, to further complicate the problem,
people could not park on the west side of First due to the drainage
ditch and the mountain. Following discussion regarding the lack of
City property at tge end of Adams in order to provide a turn around,
it was moved by Campbell, but died for lack of a second, to approve
Resolution No. 78-38. (see item XIV.C. for further discussion)
X.
UNFINISHED BUSINESS:
JESSE LEE HOME: A. City Clerk stated she had that day received a two-page
report entitled "First Report to the Jesse Lee Home Committee to the
Seward City Council" by Marilyn Dudley Rowley. City Manager stated and
Jesse Lee Home Committee member Barbara Blowers,who was present in the
audience, confirmed that the Committee had not yet had a meeting. Gillespie.
with Council consent, stated Council discussion of the Jesse Lee Home
disposition should be tabled until the appointed Committee had met and
submitted a report to Council.
S B HARBOR:
I
C CLERK:
XI.
NEW BUSINESS:
A. Proposed City lease of preferential dock space and moorage
for the USCGC CAPE JELLISON, was noted. City Manager stated that on page
2, item 8, the reference to the City of Homer rate schedule would have to
be amended to read the City of Seward. He stated that the Harbor Commis-
sion had reviewed and approved the lease. It was moved by Mott, seconded
by Potts and unanimously carried by all those present to direct the City
Manager to sign the lease with the Coast Guard for the CAPE JELLISON
moorage.
XII.
CITY MANAGER REPORTS:
A. City Manager's report on the insurance risk management
seminar he recently attended in Denver was continued to a later date.
B. Letter dated August 10, 1978, from Construction Inter-
national regarding available loan funds was noted; there were no comments.
C. City Clerk spoke on two documents of historical significance
which had been located in the basement of City Hall, "A Message To Seward
Citizens" dated March 25, 1938, was a typed publication signed by Mayor
Don Carlos Brownell in which he explained the conflict between the City-
.
PAGE 252
REGULAR MEETING - AUGUST 28, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
C CLERK:
(cont'd)
and privately-owned electric systems. The second document was a "Dedication"
hand-written in pencil by Frank Ballaine and dated May 8, 1905. The
document dedicated to the City of Seward all streets, alleys and rights-
of-way apparently within the Original Townsite. The exact location of
the dedications could not be defined because the map referred to in the
document was not found. City Clerk confirmed she had discussed the
documents with Historical Society President Lee Poleske and he had voiced
interest in obtaining the papers. It was moved by Campbell, seconded by
Mott and unanimously carried by all those present that the two documents
be donated to the Historical Society.
WATER DEPT:
D. City Manager stated the City was working on updating the
City's water system in compliance with the Seward Comprehensive Water
System Plan, as adopted by the Council in 1975 and revised in 1977 by
Arctic Environmental Engineers. He stated the City had received funding
to proceed with Stage 2 Development and had advertised for and received
statements of qualifications from the following firms:
Alaska Development Consultants
Arctic Environmental Engineers
Bell, Herring and Associates
DOWL Engineers
Ellerbe-Alaska
R & M Consultants
Trans-Alaska Engineering
Wakon. Redbird and Associates
City Manager continued by stating the water system improvements was an
on-going project and he recommended that the City continue with its
present consultant and award the Coastal Energy Impact Program (CEIP)
contract in the amount of $145,000 to Arctic Environmental Engineers.
In answer to a question from Campbell, City Manager stated he felt all
the firms submitting statements were qualified to do the project; however,
he felt that changing firms in the middle of the project would increase
costs. Gillespie disagreed, stating he understood the water project
to be a phased program which would be followed by whatever firm was
awarded the contract. Gillespie and Mott spoke in support of awarding
the contract to the local firm, Trans-Alaska Engineering. Following
discussion, it was moved by Potts, seconded by Campbell but did not
carry as follows to accept the recommendation of the City Manager and
accept Arctic Environmental Engineers to complete Stage 2 of the water
proj ect:
Ayes:
Noes:
Absent:
Campbell, Hugli and Potts
Gillespie and Mott
Leer and Vincent
City Manager recommended that a
the following Council meeting.
Mott and unanimously carried by
to Trans-Alaska Engineering.
decision on the contract be tabled until
It was moved by Gillespie, seconded by
all those present to award the contract
At the request of the City Manager, it was moved by Gillespie,
seconded by Mott and unanimously carried by all those present to hold
an executive session immediately following adjournment of the regular
meeting agenda regarding personnel matters.
LOC ORGS!
MARATHON ADDN:
E. At the request of the City Manager, it was moved by Mott,
seconded by Campbell and unanimously carried by all those present to
authorize the City Manager to proceed with the request to rezone Lots
4. 5. 11 and 12, Marathon Addition,to R-3 district.
F. City Manager reported on the continuous meetings the admin-
istration was having with ALPETCO and further stated that on September 20
ALPETCO representatives would hold a public. meeting in Seward, the time
and place to be announced at a later date.
G. City Manager spoke on a meeting scheduled for September 6-7
in Anchorage regarding bottom fisheries which he had been invited to attend.
CENSUS/
COMPTROLLER
I
WATERFRONT
TRACTS:
I
I
PAGE 253
REGULAR MEETING - AUGUST 28, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
H. City Manager stated according to the recently-conducted
census as requested and paid for by the Borough, Seward had a population
of 1756 as of July 31, 1978. He stated unless the figure could be
appealed and increased it would mean a loss of votes for Seward on the
Borough Assembly as well as substantial loss in State and Federal revenue
sharing funds.
XIII.
COUNCIL DISCUSSION:
A. A portion of the Harbor Commission meeting minutes of July 19,
1978, at which time the Commission recommended Council investigate the
installation of bull rails at the 4th Avenue Dock, was noted. City
Manager stated he had received a bid from Northern Stevedoring and Handling
Corporation (NSHC) at $5000 for materials and labor. Campbell suggested
since NSHC was carrying the liability policy on the dock they might be
interested in participating in the costs of installing the bull rail and
due to the added safety feature might realize a reduction in their insurance
premiums. Following discussion, City Manager stated he would review the
budget to see if the funds could be made available to do the work.
Campbell congratulated all the local citizens and organiza-
involved in the 75th Anniversary celebration and asked
to send a note of thanks to all involved in organizing
B.
tions who were
the City Clerk
the program.
C.
Hugli welcomed back Councilmember Mott.
XIV.
CITIZENS' DISCUSSION:
A. Harbor Commissioner James Pruitt appeared from the audience
and spoke on the poor condition of the grid. He stated pressure had to
be put on the State for repair, stating that according to the lease the
City had with the State for operation of the Small Boat Harbor, the State
was responsible for major repairs. He cited the fact that Homer recently
had received State funds to replace a gri~which was in better condition
than Seward'~with a steel and concrete grid. City Manager stated he
felt the City was receiving its share of State funds but commented on
the problem that Seward did not have adequate representation in Juneau.
B. Wayne Heinbaugh appeared and spoke against the grade of
the alley adjacent to his property on the corner of Sixth and Madison.
City Manager stated once the street paving project had been accepted he
planned to reallign the ditch and cut down the back side of the alley with
which Heinbaugh was concerned.
C. Elsie Whitmore appeared and asked if anything could be done
to level First Avenue to allow on-street parking in the block between
Adams and Jefferson. City Manager stated once the street project was
accepted he might be able to correct the problem.
xv.
ADJOURNMENT:
The meeting was adjourned at 9:30 p.m. and the Council immediately
went into executive session regarding personnel matters.
~/~j II t41
f(aym0'nd L. Hugli J ~
Mayor
1
ELECTRIC DEPT.!
PERSONAL PROP:
PAGE 254
SPECIAL MEETING - SEPTEMBER 5, 1978
VOLUME 18
I.
CALL TO ORDER:
The September 5, 197~ special meeting of the Seward City
Council was called to order at 9:13 a.m. by Mayor Hugli. "Notice
of Special Meeting" as posted at City Hall and the Post Office,
and'delivered to the Councilmembers, local newspaper and radio
station on September 1, 1978, was noted.
II.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell,
Gillespie, Potts and Vincent (Absent, with
Council consent, were Leer and Mott)
Present also: City Manager Johnson and City Clerk-Treasurer
Shanley
III. SPECIAL ITEMS:
A. City Manager distributed a 7-page brochure on the
Model R65 Ditch Witch and spoke in support of purchase of the equipment
for the burying of underground utility lines. He stated that
underground utility lines would cost less than overhead lines and
the maintenance on the Ditch Witch would be less than on the present
backhoe. He stated that Council had the authority to waive bid
procedures on such an item in order to purchase a patented piece
of equipment; further, he stated that there was not a similar item
of machinery available in Alaska from a competitive firm. He recommended
Council authorize purchase of the tractor and blade at $21,500, the
trenching unit at $4,925 and the trailer at $3,700 for a total price
of $30,125; however, he had received a proposal from Ditch Witch
of Alaska at $29,600 for the equipment. He stated the necessary
funds were available in the electric utility reserves. In answer
to a question from Potts, City Manager spoke on the various
subdivisions presently requesting underground utility extensions
and stated that he estimated a savings of $10,000 could be realized
in using the Ditch Witch instead of a backhoe for the electric
utility extensions in Camelot-By-The-Sea Subdivision. He stated
if the machine were purchased it would be operating through November.
In answer to a question from Hugli, Electrical Foreman Ivan
Darbyshire appeared and spoke on the warranty and further stated
that he felt a larger machine could not be justified, but that he
felt that the Model R65 would be adequate to meet the City's needs.
Potts voiced concern over the lack of a presentation of a
comparison of hiring a local contractor to do the work and investing
the funds over the winter months versus purchasing the machine at
the end of the construction season and then having it remain idle
during the winter months. Campbell voiced concern over rodent
problems with underground utility lines and Darbyshire stated he
had not heard of such a problem in Alaska; however, the City did
not have enough underground lines at the present time to determine
whether or not such a problem would develop. City Manager stated
if the Council did not approve purchasing the Ditch Witch, he
would have to request approval to purchase a backhoe, but felt
the Ditch Witch, although more expensive, would be a better
investment. Potts voiced objection to an immediate decision,
stating he felt all the alternatives had not been investigated
thoroughly. In answer to a question from Potts, City Manager stated
he had received a lease-purchase proposal at $3165 per month for
a minimum of 3 months and felt it was not a feasible offer.
Following discussion, it was moved by Gillespie, seconded by
Campbell and carried as follows to give the City Manager the
authority to purchase a Model R65 with the necessary accessories
at $29,600, from Ditch Witch of Alaska:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli and Vincent
Potts
Leer and Mott
IV.
ADJOURNMENT:
The meeting was adjourned at 9:44 a.m.
(~ -- -
PAGE 255
SPECIAL MEETING - SEPTEMBER 5, 1978
VOLUME 18
I
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8 ct;ity Clerk-Treasurer
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PAGE 255
REGULAR MEETING - SEPTEMBER 11, 1978
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council of September 11,
1978, was called to order at 7:30 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Potts led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Gillespie, Mott,
Potts, and Vincent (Absent, with Council
consent, were Campbell and Leer)
Present also: City Manager Johnson, Admin. Asst. Schaefermeyer
and City Clerk-Treasurer Shanley
IV.
APPROVAL OF MINUTES:
I
It was moved by Mott, seconded by Potts and unanimously
carried by all those present to approve the minutes of the regular
meeting of August 28, and special meeting of September 5, 1978, as
written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following addition be made
to the regular meeting agenda:
IX. Ordinances and Resolutions:
A. Ordinances for Introduction:
1. Proposed Ordinance No. 468 regarding personnel
regulations
It was moved by Mott, seconded by Gillespie and unanimously
carried by all those present to approve the regular meeting agenda as
amended and the consent calendar as presented and the following actions
were taken:
1. Letter dated August 1, 1978, from Denmark Consulate
regarding Danish bottom fisheries representatives'
visit to Seward was noted for information and filed.
I
REFUSE
SERVICE:
2.
Letter dated August 28, 1978, from the Department of
Environmental Conservation Supervisor Stokes regarding
the identification of solid waste management regions
was noted for information and filed.
WATER:
3. August 30, 1978, letter from the Alaska Water Study
Committee regarding presentation before Seward Planning
and Zoning Commission on October 11, 1978, was noted
for information and filed.
PAGE 256
REGULAR MEETING - SEPTEMBER ll, 1978
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
P & Z COMSN:
4. Letter received September 6, 1978, from Rick Tillotson,
submitting his resignation from the Planning and Zoning
Commission, was noted. The City Clerk was directed to
advertise the vacancy and schedule the appointment of
a new Commissioner for the Council meeting of October 9, 1978.
VI.
BOROUGH ASSEMBLY REPORT:
Due to the absence of Kenai Borough Assembly representative
Campbell, City Manager gave a short verbal report on the recent census
as requested by the Borough and conducted by the Census Bureau. He stated
due to the population figures established in the census report, the
Borough was in the process of reapportionment, and Borough Mayor
Gilman had informed him that the tentative plan was to reduce the number
of votes on the Assembly from 144 to 100 and the City of Seward would lose
one representative with the remaining representative having only 3.5
votes. Continuing, City Manager stated he had evidence that there were
at least 500 people in Seward who were not counted and requested,
with Council consent, permission to direct our attorney to file the
necessary action to delay the certification of the census until the
population count procedures could be further investigated.
VII.
PUBLIC HEARINGS: None
VII.
CITIZENS' DISCUSSION: None
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
PERSONNEL:
1. Copies being made available to the public, Hugli noted
by title only proposed ordinance regarding the amendment of the City
personnel regulations, entitled:
An Ordinance Amending Certain Paragraphs of the
Personnel Regulations as Provided by Chapter 17
of the Code of the City of Seward
City Manager spoke on the recommended amendments regarding employee
evaluations and timing of use of accrued annual leave. Following
discussion, it was moved by Mott, seconded by Gillespie and carried
as follows to introduce proposed Ordinance No. 468 and schedule a
public hearing for October 9, 1978:
Ayes:
Noes:
Absent:
Gillespie, Hugli, Mott and Vincent
Potts
Campbell and Leer
X.
UNFINISHED BUSINESS: None
XI.
NEW BUSINESS: None
XII.
CITY MANAGER REPORTS:
INSURANCE:
A. City Manager distributed report entitled "City Insurance
Problems To Be Solved" and spoke on the insurance risk management
seminar he recently attended in Dallas. He spoke on the various
types of City insurance and stated it would be beneficial for the City to
self-insure but first an umbrella policy covering claims over the self-
insured limit would have to be obtained. He stated that the cities
in Alaska were paying an exceptionally high charge for insurance as
compared to the Lower 48 States and the reason was partially due to
the fact that all city policies were lumped into an assigned risk
pool instead of allowing the individual cities to purchase straight
line insurance. City Manager estimated the City's insurance cost for
the present fiscal year at $106,360. Following discussion, City Manager
stated he would discuss the insurance problem at the City Manager's
league meeting in November and Hugli stated he would do the same at
the Mayor's conference. City Manager further stated he would continue
to discuss the problem with the State Insurance Commissioner.
WATERFRONT
TRACTS:
I
LOCAL
ORGS:
C ENGINEER:
C ATTORNEY:
I
STREETS, RDS,
HWYS:
ARR:
I
~
PAGE 257
SEPTEMBER 11, 1978 VOLUME 18
REGULAR MEETING
XII.
CITY MANAGER REPORTS:
(cont'd)
B. City Manager spoke on the funding for placement of a
bull rail at the 4th Avenue Dock and stated he had received an estimate
from Northern Stevedoring and Handling Corporation (NSHC) at $5,449.30.
In answer to a question from Vincent, City Manager stated that NSHC,
the City's agent for the Dock, carried liability insurance on the
structure, but he would investigate with the attorney what, if any,
action could be taken to lessen the City's liability exposure.
C. Letter dated August 24, 1978, from the Alaska State
Housing Authority regarding tax exempt status and possible State
payment-in-lieu-of-taxes for the proposed senior citizen housing
project, was noted. Also distributed was letter dated September 1, 1978,
from the Dept. of Housing and Urban Development noting proposed amended
location for the housing in the Marathon Addition. Gillespie, with
Council consent, stated the Council should support the tax exempt
status for the senior housing construction.
D. City Manager stated the City had received a bill in the
amount of $1805.46 from Trans-Alaska Engineering for the compilation
of sewer and water as-builts as approved by the Council last year. He
stated the authorized expenditure had been $7000, but the budget had
beenoverexpended by $3000 and he needed Council authorization to
pay the bill. He stated the product the City had received was
outstanding and a very valuable tool. In answer to a question from
Vincent, City Manager stated he had not yet received the as-builts
on the work done this summer, but they were being collected at the
present time. It was moved by Mott, seconded by Potts and unanimously
carried by all those present to authorize the payment of $1805.46 to
Trans-Alaska Engineering.
E. Letter dated September 2, 1978, from Martha Brown regarding
fall on City sidewalk and request for payment for damages, was distributed.
City Manager, with Council consent, recommended he be authorized to
correspond with Mrs. Brown, stating if she submitted medical bills
they would be submitted to the City's insurance carrier for investigation.
F. City Manager stated the administration had been working
on obtaining the necessary rights-of-way for construction of a road
from the high school through the Air Force Recreation Camp to connect
to the Seward Highway in the vicinity of Forest Acres. He distributed
letter dated August 10, 1978, from the Dept. of Natural Resources
Lands Officer Barber and attached letter dated June 14, 1978, from the
Dept. of the Army setting forth what the City Manager described as
unreasonable demands upon the City to obtain a right-of-way through the
Recreation Camp. He requested Council direction on how to proceed
with the project. Gillespie stated the City over the years had
cooperated a great deal with the military branches and the service-
men used the city faci1ties and spoke against such demands for the
road right-of-way. City Manager stated the City Attorney had suggested
the City construct the road and then work at amending the conditions
as set forth but he suggested, with Council consent, that he be
authorized to put pressure on the Army to drop the regulations and
grant the right-of-way.
G. City Manager distributed Supplement No. 4 to Contract
No. 69-25-0003-4457 from the Alaska Railroad for police protection
of the Railroad facilities in the Seward area at $600 per month
through September 30, 1979. It was moved by Mott, seconded by
Vincent and unanimously carried by all those present to approve the
contract with the Alaska Railroad.
H. City Manager stated that the Alaska Municipal League (AML)
annual meeting was scheduled for November 9-11 in Anchorage and asked
Councilmembers who wished to attend to let him know as soon as possible.
He further reported on the bulletin received from the AML requesting
questions to be asked the candidates running in the State election
and stated any questions could be forwarded to him for submittal.
.-'1' T(
PAGE 258
REGULAR MEETING - SEPTEMBER 11, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
I. City Manager reported on the City's progress on applying
for a waiver from the secondary treatment regulations as required
by the Environmental Protection Agency.
J. City Manager stated ALPETCO had scheduled a public
meeting in Seward on September 21 at which time they would show a movie
and receive public comments.
K. City Manager gave a verbal report on a meeting he
recently attended regarding bottom fisheries.
L. City Manager stated as part of the contract for the 7th
Aven~e greenbe:t feas~bility and design study, CH2M Hill would be
holdlng a publlc hearlng on Thursday, September 14 at 7:30 p.m. in
the Council Chambers in order to receive public comments on proposed
development of that area.
XIII.
COUNCIL DISCUSSION:
A. Vincent stated that since Diamond Boulevard had been
paved he had noticed that after rain and the rest of the street had
dried the center seeped water for days. City Manager stated he would
investigate the situation.
B. In answer to a question from Mott, City Manager spoke
on the status of the Mile 6-24 highway project.
C. In answer to a question from Mott, City Manager spoke
on incorporation of the suggestions contained in the previous fiscal
year's audit report.
D. City Manager reported on the status of transferring the
City's accounts to the Borough computer system.
E. City Manager reported on the status of transferring the
City to the State retirement plan and stated that since he had initially
presented the proposal the State had increased the employer's share to
12.6 percent and he was investigating to see if the anticipated $50,000
refund which would be received from the present plan could be placed
in the State fund to reduce the City's costs and once he received that
information he would again bring the matter before Council.
F. In answer to a question from Mott, City Manager stated
that although the rights-of-way had been obtained and some clearing
done, funds were not presently available to construct sidewalks from
the schools to Clearview Addition.
G. Mott stated the City crews should keep the alleys in
better condition.
H. Potts asked when Council wanted to schedule a work
session on the transient merchant ordinance and receive a report from
the Ad Hoc Committee and it was agreed to wait until after the new
Council was seated.
I. In answer to a question from Hugli, Administrative
Assistant gave a status report on the electrical study being conducted
by CH2M Hill.
CITIZENS DISCUSSION:
XIV.
Wayne Heinbaugh appeared from the audience and spoke against
the grade of 6th, Madison and the alley abutting his property as well
the alleged leak in his water lines. Hugli informed him that the City
had taken all the action it intended to take regarding his complaints
and suggested he consult legal counsel if he wanted to pursue the matter
further.
PAGE 259
REGULAR MEETING - SEPTEMBER 11, 1978
VOLUME 18
xv.
ADJOURNMENT:
I
The meeting was adjourned at 9:13 p.m.
~L. H~i t(\
Mayor
PAGE 259
SPECIAL MEETING - SEPTEMBER 18, 1978
VOLUME 18
I.
CALL TO ORDER:
The September 18, 1978, special meeting of the Seward City Council
was called to order by Mayor Hugli at 9:01 a.m.
II.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Mott, Potts and Vincent (Absent, with Council
consent, was Leer)
Present also; City Manager Johnson and City Clerk-Treasurer
Shanley
III. SPECIAL ITEMS:
ORIGINAL A. City Manager stated he had been contacted by a number of people
ITOWN- who had requested that the City support the relocation of the house on the
SITE: northwest corner of Third and Adams to City property north of City Hall in
order to prevent its demolition. Beverly Dunham appeared from the audience
and presented a letter dated September 16, 1978, as signed by Karen Swartz,
Boardmember, Mt. Marathon Chugach Native Association, requesting the City's
assistance in saving the historical structure and volunteering to take
interim responsibility for applying for the needed restoration grants.
Dunham stated that the YACC program had offered to provide the necessary labor
for restoration of the structure if it was not under private ownership.
City Manager stated the administration did not know at the present time if
the City was the legal owner of the lot immediately south of the Swetmann pro-
perty, the proposed location of the house to be relocated. Donna Kowalski
appeared and stated George Zimmerman of the Skill Center had looked at the
building to be moved and felt it could be transported to the new location
with the use of skids without harming the street paving. City Manager dis-
agreed and stated that the asphalt paving would be damaged by that type of
move. Dunham emphasized the time constraints, stating that the owners of
the house wanted it moved by Wednesday, September 20, if it was going to
be salvaged. In answer to a question from Gillespie regarding construction
of a foundation for the house once relocated, City Manager replied that the
building would have to meet the standards as set forth in the Uniform Building
Code and adopted by the City. Dunham voiced support of a clause being written
into the City ordinances which would prohibit people from demolishing designated
historical buildings. In answer to a question from Vincent, Ron Quilliam of
I the Forest Service - YACC program, stated workers were immediately available
to board up the house until it could be renovated in order to prevent
vandalism. Following discussion, it was moved by Mott, seconded by
Campbell and unanimously carried by all those present to have the City Manager
investigate the property in question (Lot 9 and 10, Block 16, Original Townsite)
and if it was City property to allow the building to be placed there, the move-
ment of the structure to be under the direction of the City street crew. City
Manager stated the City had the necessary equipment to transport the house if
the manpower and expertise were made available to on- and off-load the house.
Further, he stated he would have the property staked prior to moving the building
onto the site.
\ ,\'
PAGE 260
SPECIAL MEETING - SEPTEMBER 18, 1978
VOLUME 18
IV. ADJOURNMENT:
The meeting was adjourned at 9:34 a.m.
? ( 4-7
~-
Ray=~ L. f.~1 . \
Mayor
PAGE 260
REGULAR MEETING - SEPTEMBER 25, 1978
VOLUME 18
I.
CALL TO ORDER:
The regular meeting of the Seward City Council of September 25,
1978, was called to order at 7:30 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Mott led the pledge of allegiance to the flag.
II I. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Mott, Potts and Vincent (Absent, with Council
consent, was Leer)
Present also: City Manager Johnson, Admin. Asst. Schaefermeyer
and City Clerk-Treasurer Shanley
IV. APPROV AL OF MINUTES:
It was moved by Campbell, seconded by Mott and unanimously carried
by all those present to approve the minutes of the regular meeting of
September 11 and special meeting of September 18, 1978, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following amendments and additions
be made to the consent calendar, all amounts reflecting 10 percent being with-
held from the invoice pursuant to the contracts:
2. amount changed to $21,671.83
3. amount changed to $18,587.85
4. CH2M Hill Progress Bill No.3 at $13,764.22 added
5. CH2M Hill statement at $5,697.22 added
It was moved by Mott, seconded by Campbell and unanimously carried by all those
present to approve the regular meeting agenda as presented and the consent
calendar as amended and the following actions were taken:
CITY ATTORNEY:
1. Hughes, Thorsness, Gantz, Powell and Brundin bill
for legal services rendered during August of 1978
at $4,414.45 was approved for payment and filed.
ELECTRIC DEPT:
2. CH2M Hill Progress Bill No. 1 in the amount of
$21,671.83 for City electric utility services
rendered through June 24, 1978, was approved for
payment and filed.
" -
PAGE 261
REGULAR MEETING - SEPTEMBER 25, 1978
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
ELECTRIC DEPT:
3. CH2M Hill Progress Bill No. 2 in the amount of
$18,587.85 for City electric utility services
rendered June 25 - July 24, 1978, was approved
for payment and filed.
ELECTRIC DEPT:
4. CH2M Hill Progress Bill No. 3 in the amount of
$13,764.22 for City electric utility services
rendered July 25 - August 24, 1978, was approved
for payment and filed.
I PKS &
RECREATION:
5. CH2M Hill bill in the amount of $5,697.22 for
services rendered through August 24, 1978, for
the 7th Avenue greenbelt design study was approved
for payment and filed.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave Kenai Peninsula Borough Assembly
report for the meeting of September 19, 1978.
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
MARINA SUB: A. The following items were noted as to Dale and Joan Clemens'
lease of City-owned Lot 1, Block 1, Marina Subdivision:
A portion of the "Commercial Site Lease
of Uplands" dated June 1, 1968, listing
allowable business operations on the
premises
I
Letter dated August 29, 1978, to Clemens
from City Manager regarding violation of
lease due to expanded use
September 14, 1978, letter from Dale and
Joan Clemens requesting expanded allowable
use of property
Dale Clemens appeared from the audience and spoke in support of his written
request to expand and diversify the supplies and services offered by The
Fish House. He spoke in support of amending the lease to establish a limit
on the amount the rent could be increased at the end of each five year period.
MARINA SUB: B. The following items were noted as to Harold Johnson's lease of
City-owned Lot 7, Block 2, Marina Subdivision:
A portion of the "Commercial Site Lease
of Uplands" dated January 1, 1968, listing
allowable business operations on the
premises
Letter dated August 29, 1978, to Johnson
from City Manager regarding violation of
the lease due to expanded use
I
Gary McCarthy, representing Alaska Marine Equipment, Inc., appeared from the
audience and stated his firm was not in violation of the lease by the presence
of boat and trailer storage, stating that the lease allowed "marine sales and
repair" and such work could not be conducted without approval to store boats
on the property. He stated his company had not collected rent for such storage
and further commented that the company would have to be allowed to sublease a
portion of the property if any expansion were to be economically feasible.
McCarty spoke against the sharp increase in rental rates at the time of the five
year reappraisal. City Manager stated that a valid appraisal had not been
conducted at the beginning of the previous five year period on the Marina
Subdivision parcels; therefore, the lessees were experiencing an increase
which should have been spread over a ten year period. He further stated he
(-. ': ')
PAGE 262
REGULAR MEETING - SEPTEMBER 25, 1978
VOLUME 18
VIII.
CITIZENS' DISCUSSION:
(cont'd)
MARINA SUB: had found in the file for Lot 7, Block 2, a copy of a letter written by the
administration in 1975 which approved the use of the property for boat and
trailer storage. Potts stated he did not feel Council was necessarily against
such storage but wanted the lease documents brought into compliance with the
actual use of the properties. Gillespie spoke in favor on controlling the
use of the land in the harbor area by zoning instead of specific use require-
ments. Clemens, Howard Johnson and Brent Whitmore appeared from the audience
and spoke in support of such a concept.
MARINA SUB: C. The following items were noted as to Marilyn Plymire's lease of
City-owned Lots 3, 5, 6, 7 and 8, Block 1, Marina Subdivision:
A portion of the leases listing allowable
business operations on the property
Letters dated August 29, 1978, to Plymire
from City Manager regarding various vio-
lations of the leases due to expanded use
and non-compliance with construction of
improvements
Robert Griffin of Edward J. Reasor and Associates, legal counsel for Plymire,
appeared from the audience and spoke in favor of removing the restrictive
clauses in the leases and controlling the harbor business area by the Limited
Commercial zoning regulations as set forth in the City zoning ordinance.
Griffin stated his client had problems policing her property and any boats
and!or trailers stored on the property had been placed there by trespassers.
He requested a meeting with Council and the administration to discuss the
specific development deadlines as contained in Plymire's leases which had not
been met.
Hugli stated a work session would be scheduled after the seating of the new
Council in order to review the leases in further detail. Mott voiced concern
over the practice of renegotiating leases of public property, stating the
lessees should have read the agreements prior to signing them and should now
be held to the terms of their original leases. In answer to a question from
Griffin, City Manager stated the 60 day time limitation to come into compliance
with the lease after notification of a violation would not be in effect while
the lessees were waiting for Council to hold a work session. Hugli noted the
work session would be open to the public and the Harbor Commission would be
invited.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
BUDGET!
RES:
1. Copies being made available to the public, Hugli noted by title
only proposed resolution regarding the appropriation of $73,002.81 in personal
property taxes received, as follows:
A Resolution Appropriating Funds From
Property Tax and Revising the City Budget
for Fiscal Year 1978-79 to Reflect the
Appropriation
City Manager spoke in support of the appropriation of the funds to the Mayor
and Council contingency fund and stated he would submit recommendations on
specific use of the monies under his reports. Following discussion, it was
moved by Gillespie, seconded by Campbell and unanimously carried by all those
present to approve Resolution No. 78-38.
,-~ r- t.
PAGE 263
REGULAR MEETING - SEPTEMBER 25, 1978
VOLUME 18
X.
UNFINISHED BUSINESS:
NORTH HARBOR A. Proposed "Lease Agreement" with James Pruitt for location of a car
SUBDIVISION: wash facility in the Small Boat Harbor area (North Harbor Subdivision) was noted.
City Manager stated the lease had been previously approved by Council; however,
Mr. Pruitt disagreed with the insurance requirements and term of the proposed
agreement. James Pruitt appeared from the audience and requested that the
required liability insurance be amended from $500,000 to $300,000 and that the
lease be changed to a 30 year term as in the other City leases in the harbor
area. Following discussion, Potts stated if Pruitt wanted to proceed with
pouring the slab and doing the plumbing and electrical work, he could sign the
contract with the understanding that Council would consider his requested
amendments at the work session when all the other harbor area leases were
reviewed. It was moved by Gillespie, seconded by Potts and unanimously carried
by all those present to give the administration the authority to enter into the
lease agreement, changing the liability insurance from $500,000 to $300,000.
I
XI.
NEW BUSINESS:
MARINA SUB: A. Letter dated September 8, 1978, from City Attorney Jacobus and
attached "Assignment of Leasehold Interest" between James and Jeannine Clement
and Harbor Marine, Inc. on Lot 4, Block 1, Marina Subdivision, was noted. City
Manager stated a lease assignment had been approved on the subject parcel in
1977 which involved transfer of the leasehold interest to a financial institution;
however, that assignment had never been executed and, instead, a new assignment
was presented for Council approval. It was moved by Mott, seconded by Potts
and unanimously carried by all those present to approve the "Assignment of
Leasehold Interest" on Lot 4, Block 1, Marina Subdivision.
XII.
CITY MANAGER REPORTS:
STREETS, RDS, A. September 13, 1978, Price Waterhouse and Company proposal to audit
HWYS: LPW Grant No. 07-51-20073 for the street paving project. was noted. In answer
to a question from Vincent, Admin. Asst. spoke on the status of the street paving
I project, stating the engineers had accepted the project but the City had not yet
formalized that acceptance. Vincent spoke on the problem of various streets
weeping moisture which indicated a poor seal. Following discussion, it was moved
by Mott, seconded by Potts and unanimously carried by all those present that
Price Waterhouse be selected to perform the final audit on the LPW Grant No.
07-51-20073 project.
C COUNCIL!
K P BORO:
C HALL!
Bill)GET:
I
B. September 18, 1978, letter from City Attorney to Kenai Peninsula
Borough regarding Assembly reapportionment based on the recently-conducted
census. was noted. City Manager reported on the status of the census the
City was conducting to try to invalidate the Census Bureau's count. He stated
there were up to 30 blocks which had not yet been counted but estimated the total
population figure at 2100 to 2200.
C. City Manager stated a public meeting would be held in Seward
on October 25 by the Corps of Engineers to receive citizens' comments on
proposed Small Boat Harbor expansion.
D. City Manager distributed the "City of Seward Report to Management
September 14, 1978," as compiled by Price Waterhouse and Company. He stated he
would be prepared to discuss the document at Council's next meeting.
E. City Manager requested approval to allocate $5000 of the funds
appropriated to the Mayor and Council contingency fund by Resolution No. 78-38
for construction of a parking lot north of City Hall. He stated the project
would not go out to bid but instead the City would purchase the concrete for the
retaining walls, hire labor to set the forms and do most of the work with City
employees. It was moved by Gillespie. seconded by Mott and unanimously carried
by all those present to give the City Manager the authority to take funds not
to exceed $5000 from the Mayor and Council contingency fund for a parking lot
north of City Hall.
F. City Manager spoke on the status of the plans for construction of
a new dog pound. Hugli requested that the administration request bids on a
concrete structure as compared with a wood structure.
'1'
PAGE 264
REGULAR MEETING - SEPTEMBER 25, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
LOC ORGS:
G. City Manager referred to letter received September 11, 1978,
from the State Department of Natural Resources regarding a historic
preservation workshop scheduled for November 2, 1978, in Anchorage and the
Department's ability to pay 43 percent of the travel expenses for attending
representatives. Following discussion, City Manager, with Council consent,
stated he would appoint someone to attend the workshop.
H. City Manager, with Council consent, requested permission to
take four days' leave, commencing the following day.
XIII.
COUNCIL DISCUSSION:
C COUNCIL!
ELECTIONS:
A. It was noted that Council needed to schedule a meeting for
canvassing of the October 3 election. It was moved by Campbell, seconded
by Potts and unanimously carried by all those present to meet October 4,
1978, at 7:30 p.m. in order to canvass the election.
B. In answer to a question from Mott, City Manager reported on
the State's delay in awarding the contract for the Mile 6-24 Seward highway
road improvements project.
C. In answer to a question from Potts, City Manager commented on
the status of the educational television station to be operated by the
library. Further, he stated he would be meeting next week with broadcast
representatives from the State regarding funding assistance for additional
television coverage in Seward.
D. Vincent stated Felix Radau, the City's oldest living utility
customer, would be celebrating his 89th birthday on October 6 and asked
that the City participate in some manner. City Manager, with Council
consent stated he would take appropriate action.
XIV.
CITIZENS' DISCUSSION:
A. Beverly Dunham appeared from the audience and gave a verbal
report on the Ballaine sisters' visit to Seward during the Diamond Jubilee
celebration. She stated the women had given a manuscript written by their
father, as well as other documents and pictures of significant historical
value, to the University of Alaska.
xv.
ADJOURNMENT:
The meeting was adjourned at 9:55 p.m.
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Ray nd L. Hugli
Mayor
I
ELECT IONS!
C COUNCIL:
I
I
PAGE 265
SPECIAL MEETING - OCTOBER 4, 1978
VOLUME 18
I.
CALL TO ORDER:
The October 4, 1978, special meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Mott, Potts and Vincent (Absent, with Council
consent, was Leer)
Present also: City Manager Johnson and City Clerk-Treasurer Shanley
IV.
CANVASS OF OCTOBER 3 ELECTION AND DECLARATION OF RESULTS:
A. City Clerk distributed a tally of the unofficial results of
the October 3, 1978, election and read the total number of votes cast for
each candidate and the total number of ballots ~ounted in Precincts No. 1
and No.2.
The Clerk distributed a list of the 26 individuals who had
requested absentee ballots. She stated the ballots of Jim C. Beery, Wayne
T. Cripps, Jerry King and Stewart A. Jorgensen had not been returned in time
for the canvass. She reported that three of the 22 ballots which had been
returned contained discrepancies: the ballot of W. Lee McAnerney had been
improperly sealed in the larger envelope without the blank white inner
envelope, and the ballots of Celeste Thorne and Delmar Zentmire lacked the
required attesting signatures. She stated that in discussing the three
ballots with City Attorney Jacobus, he had recommended that the ballot of
McAnerney be counted but the ballots of Thorne and Zentmire be disallowed.
Following discussion, it was moved by Gillespie, seconded by Potts and
unanimously carried by all those present to accept the City Clerk's recom-
mendation regarding absentee ballots, counting Lee McAnerney's vote and
disregarding the two that were returned without the proper attestations
attached (Thorne and Zentmire) and counting the remaining ballots returned.
Absentee ballots as cast by the following individuals were removed from
their outer envelopes and set aside to be counted by the canvass board:
Louis Bencardino
Jack Butler
Robert T. Crowley
Donald Deems
William R. Deverna
Richard T. Hofstad
W. Lee McAnerney
Joanne M. McCabe
Donald J. Oldow
Pamela F. Oldow
Estelle L. Roach
Revelle E. Roach
David F. Renwick
April Tuthill
Dorothy Urbach
Lawrence Urbach
Frank J. Vanek
Helen J. Vanek
George Werner
Richalyn J. Zentmire
City Clerk distributed a list of the three individuals in Precinct
No. 1 and 24 in Precinct No. 2 who had been required by the precinct chairmen
to cast questioned ballots on October 3. She stated sh~ was recommending that
23 of the 27 questioned ballots be approved for counting~~ ehe ~anvass board.
. ",,-+, ""'*
She explained that the ballot of Debra Bock had been ques'l!>iDned because she
was regis tered in Bear Creek precinct; however, upon checklhg'" wi lp, ,the Election
Supervisor's office in Anchorage the morning of October 4, 't~e'Clerk had been
informed that Ms. Bock had filed a change of address card on August 29, 1978,
but the State officials had not yet transferred the information to the Seward
precinct list. The Clerk recommended that Ms. Bock's ballot be counted. George
Wetzel had been required to cast a questioned ballot and, in checking with the
Election Supervisor's office, it was discovered that he was a registered voter
in Kenai; therefore, the Clerk recommended his ballot be rejected. The Clerk
recommended the questioned ballots of Alfred and Dorothy Noyes be disallowed
because they were not listed as registered voters in the State of Alaska. She
further recommended that the ballots of Arlita S. Hribernick also be rejected
because she was a registered voter in Bear Creek precinct and had not filed
a change of address card for a Seward precinct. Following discussion, it was
;.
J
PAGE 266
SPECIAL MEETING - OCTOBER 4, 1978
VOLUME 18
IV. CANVASS OF OCTOBER 3 ELECTION AND DECLARATION OF RESULTS: (cont'd)
ELECTIONS!
C COUNCIL:
(cont'd)
moved by Campbell, seconded by Mott and unanimously carried by all those
present to accept the recommendation of the City Clerk regarding the questioned
ballots and to count the ballots with the exception of those of George Wetzel,
Arlita Hribernick and Alfred and Dorothy Noyes. Questioned ballots as cast
by the following individuals were removed from their outer envelopes and set
aside to be counted by the canvass board:
Roberta Anderson
Stephen Beals
Barbara Blowers
Debra Bock
James Dixon
Clifford Draper
Lori Draper
Doris Fillingim
Jack Goodwill
Dori Hollingsworth
Bryan Koeff
Korine Koeff
Rod Koop
Elaine Larson
Mark Larson
Sondra Markwardt
Sally Martin
Jackie Oberg
Mabel Osenga
Barb Peterson
Frank Ruks
Billie Wallace
Carol A. Zimmerman
The 43 absentee and questioned ballots as approved for counting were shuffled
and removed from their blank white envelopes. Hugli read the voted ballots
aloud and the results were tallied and added to the totals of those ballots
cast and counted October 3. Hugli read the results of the combined totals
and it was moved by Vincent, seconded by Campbell and unanimously carried by
all those present to declare the final results as follows with Lawrence W.
Potts, Jr., Charles H. Soriano and Karen Swartz being elected to the City
Council for two year terms and Don McCloud being elected to the Kenai Penin-
sula Borough Assembly for a three year term:
CITY COUNCIL
Two Year Term ABSENTEE AND
(Three to be Elected) PRECINCT NO. 1 PRECINCT NO. 2 QUESTIONED TOTAL
Lawrence W. Potts, Jr. 96 190 34 320
Charles H. Soriano 83 133 24 240
Karen Swartz 80 133 24 237
William C. Vincent 74 128 18 220"--
John R. Poterbin 60 llO 20 190
Bob S. White 2 2
Bernard Hulm 1 1
BOROUGH ASSEMBLY
Three Year Term
(One to be Elected)
Don McCloud 115 218 39 372
William Vincent 1 1 2
Boots Anderson 1 1
Dale Clemens 1 1
Bernard Hulm 1 1
Kay Potts 1 1
Robert Richardson 1 1
James Swart 1 1
TOTAL BALLOTS COUNTED 146 274 43 463
V.
ADJOURNMENT:
The meeting was adjourned at 8:10 p.m.
-:~(
rfaym d L. Hugli
Mayor
I ~
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I
COMPTROLLER:
ELECTRIC:
I
PAGE 267
, ~. ,
VOLUME 18'
REGULAR MEETING - OCTOBER 9, 1978
SEATING OF NEW COUNCILMEMBERS:
Newly elected Councilmembers Lawrence W. Potts, Jr., Charles H.
Soriano and Karen Swartz appeared and took the oath of office as adminis-
tered by the City Clerk and Mayor Hugli presented the members with Certi-
ficates of Election.
I.
CALL TO ORDER:
The October 9, 1978, regular meeting of the Seward City Council was
called to order at 8:48 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Potts led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Potts, Soriano and
Swartz (Absent, with Council consent, were Campbell
and Leer; also absent was Gillespie)
Present also: City Manager Johnson, City Attorney Jarrell, Admin.
Asst. Schaefermeyer and City Clerk-Treasurer Shanley
IV.
APPROVAL OF MINUTES:
Action on the minutes of the regular meeting of September 25 and
special meeting of October 4, 1978, was postponed until four of those members
in attendance at the meetings were present to vote for approval.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
It was moved by Potts, seconded by Swartz and unanimously carried by
all those p~esent to approve the regular meeting agenda and consent calendar as
presented and the following action was taken:
1. The Comptroller's list of Accounts Payable for
September 1978 was approved for payment and filed.
VI.
BOROUGH ASSEMBLY REPORT: None
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
A. Donald Coisman appeared from the audience and spoke against the
newly enacted electrical tariff which required him to pay $150 per meter for
the installation of five meters on each of two 4-plexes he was constructing.
He stated he felt he should pay only the $150 for each of the two panels rather
than being charged on a per meter basis. Tom Small, CH2M Hill electrical
engineer, appeared from the audience and stated the tariff as adopted by the
Council was equitable in assessing customers for specific services rendered by
the electric crew. Further, he stated Seward's fees were some of the lowest
in the State and Coisman was probably still paying less than the actual cost
of the meter installations. In answer to a question from Hugli regarding the
terminology as contained in the tariff, Small stated that a meter installation
was defined as a connection by the utility industry but stated the wording could
be clarified in the tariff if Council so directed. Following discussion, the
City Manager stated he would submit a clearer definition of "connection" for
Council review and inclusion in the tariff at a later date.
REFUSE SERVICE: B. Letter dated October 4, 1978, from Chris Wittwer, objecting to
payment of garbage service fee, was noted. Wittwer appeared from the audience
and stated that he took his garbage to the dump and did not feel he should have
to pay for a service he did not receive. City Attorney called Council's attention
to Section 12-2 of the Seward City Code which required residents of Seward to
use the City garbage disposal service unless exempted by the City Manager. City
Manager commented on the excellent refuse service provided by the present
contractor and stated if one resident received a special exemption there would
be others requesting the same consideration. Soriano, with Council consent,
stated that according to the City ordinances every person shall u?e the garbage
services and Wittwer would have to pay the fee as charged.
\ '-'
PAGE 268
REGULAR MEETING - OCTOBER 9, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment:
PERSONNEL!
ORDS:
1. Copies being made available to the public, Hugli noted by
title only proposed ordinance regarding amending the City personnel regula-
tions, entitled:
An Ordinance Amending Certain Paragraphs
of the Personnel Regulations as Provided
by Chapter 17 of the Code of the City of
Seward
Public hearing was opened on the ordinance and "Notice of Public Hearing" as
published two times inthe local newspaper, was noted. City Manager spoke on
the amendments regarding performance evaluations and use of annual leave and
recommended Council approval of the ordinance. No one appeared from the
audience in order to be heard and the public hearing was closed. It was moved
by Potts, seconded by Soriano and unanimously carried by all those present to
enact Ordinance No. 468.
C. Resolutions: None
X.
UNFINISHED BUSINESS: None
XI.
NEW BUSINESS: None
XII.
CITY MANAGER REPORTS:
COUNCIL:
A. City Manager requested Council approve the rescheduling of the
October 23 regular meeting due to the fact that the Mayor and he would be out
of town. Following discussion regarding the Code requirement for two Council
meetings a month, City Attorney confirmed that the October 4 special meeting
would qualify as one of the two required meetings. Following discussion,
Hugli, with Council consent, stated a special meeting would be scheduled
within the required 30 days following this evening's meeting in order to appoint
a Vice Mayor.
LOC ORGS:
B. City Manager stated at a previous meeting Council had authorized
him to appoint a citizen to attend a historic preservation workshop in Anchorage
scheduled for November. He stated he recommended Council approve sending two
individuals, Ruth McHenry and Julie Renwick; there was no Council objection.
COUNCIL:
C. City Manager stated he would be purchasing a podium and microphone
for use by the public wishing to address Council in order to insure that citizens'
comments were picked up by the tape recording the meetings.
STREETS!
WATER:
D. City Manager presented the following bills for payment:
--Associated Asphalt Paving, Ltd. Final Estimate No. 6
for services performed in July 1978 in relationship
to the street paving project, totaling $48,675.15
--Arctic Environmental Engineers' Invoice No. 10878
dated September 28, 1978, totaling $3,246.50 and
Invoice dated October 5, 1978, totaling $13,326.00
for services performed in relationship to the street
paving project
--Trans-Alaska Engineering Invoice dated October 9,,1978,
for water components design, totaling $4500
City Manager recommended that Council approve payment of the bills. It was
moved by Potts, seconded by Swartz and unanimously carried by all thosB present
that the bills be paid as presented.
K P B:
Ip & Z:
BUDGET:
PKS & REC:
ELECTRIC:
I
WATER:
I
PAGE 269
REGULAR MEETING - OCTOBER 9, 1978
VOLUME 18
XIII.
COUNCIL DISCUSSION:
A. Hugli, with Council consent, stated Council appointment of a Vice
Mayor would be continued to a later date.
B. Hugli noted the Council needed to appoint a Borough Assembly
representative from amongst the Councilmembers and stated he believed Keith
Campbell would be willing to continue to serve in that capacity. It was moved
by Potts, seconded by Soriano and unanimously carried by all those present that
Keith Campbell be retained as the Borough Assembly representative from Seward.
C. "Notice of Vacancy - Planning and Zoning Commission" as published
three times in the local newspaper, was noted and City Clerk confirmed that
the only application received had been submitted by Daniel Keyes. City Manager
stated the administration supported the appointment of Keyes. It was moved by
Swartz, seconded by Potts and unanimously carried by all those present to
appoint Dan Keyes to the Planning and Zoning Commission.
D. Auditors Price Waterhouse and Company "Report to Management" dated
September 14, 1978, regarding the audit of the City's books for fiscal year 1977-
78, was noted. City Manager stated he had received a draft copy of the audit
and the document would be scheduled for Council review and discussion at the
November 13 meeting. City Manager gave a verbal report on the institution of
various recommendations as contained in the management report.
E. In answer to a question from Potts, City Manager commented on the
future of additional ball diamonds and plans to resurface the existing fields.
He requested permission to authorize the attendance of a member of the Recreation
Commission to a recreation conference scheduled in Anchorage in November; there
was no objection from Council.
F. In answer to a question from Hugli, City Manager reported on the
status of obtaining a signed agreement from Chugach Electric Association (CEA)
for the sale of wholesale power to the City of Seward. Electric Foreman Ivan
Darbyshire appeared from the audience and stated a dangerous condition existed
at the Chugach substation with the line that feeds the Louisiana Pacific
circuit and recommended if CEA could not be persuaded to fix it the City should
take action before someone was hurt. City Manager stated he would call Bud
Shultz of CEA the following morning and either CEA would fix it or the City
would do so and bill the Association.
G. Dick Lowman, Trans-Alaska Engineering, appeared from the audience
and gave a progress report on the work being done on Stage 2 of the City water
system improvements. City Manager voiced his pleasure with the progress of the
project.
XIV.
CITIZENS' DISCUSSION:
A. Robert Swartz, 712 Second Avenue, appeared from the audience and
stated during heavy water runoff the culvert at B and Second streets would over-
flow and water would run onto the pavement. City Manager ~3de a note of the
problem and stated he would investigate.
XV.
ADJOURNMENT:
The meeting was adjourned at 9:27 p.m.
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II
PAGE 270
SPECIAL MEETING - OCTOBER 18, 1978
VOLUHE 18
I. CALL TO ORDER:
The October 18, 1978, special meeting of the Seward City Council
was called to order at 7:31 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Gillespie, Potts,
Soriano and Swartz (Absent, with Council consent,
were Campbell and Leer)
Present also: City Manager Johnson and City Clerk-Treasurer Shanley
IV.
APPROVAL OF CONSENT CALENDAR AND SPECIAL MEETING AGENDA:
Hugli noted the following addition to the special meeting agenda:
V. Special Items:
D. Proposed Resolution No. 78-39 regarding the dis-
position of City property in the Marathon Addition
for senior citizen housing
It was moved by Potts, seconded by Swartz and unanimously carried by all those
present to approve the special meeting agenda as amended and the consent calendar
as presented and the following actions were taken:
COMPTROLLER:
1. Comptroller's list of Accounts Payable for October 1978,
totaling $184,309.17, was approved for payment and filed.
FOURTH OF JULY
CREEK AREA:
2. The ALPETCO Company's letter of October 6, 1978, regarding
Seward's elimination as a possible project site, was noted
for information and filed.
STREETS,
RDS, HWYS:
3. Arctic Environmental Engineers' Invoice dated October 6,
1978, for services rendered relative to the street paving
project, totaling $380, was approved for payment and filed.
STREETS!
ELECTRIC:
4. October 10, 1978, letter from Gov. Hammond and attached
check in the amount of $47,468.58 for reimbursement of
City expenses in replacing the electrical transmission line
following the Mile 18 slide, was noted for information and
filed.
C ATTORNEY:
5. Hughes, Thorsness, Gantz, Powell and Brundin September 1978
billing for legal services rendered, totaling $1,371.47, was
approved for payment and filed.
At the request of the City Manager, it was moved by Swartz, seconded by Potts and
unanimously carried by all those present to meet in executive session immediately
following adjournment of the special meeting in order to discuss matters of
possible litigation.
V.
SPECIAL ITEMS:
C COUNCIL: A. Hugli opened nominations from Council for appointment of a Vice
Mayor. Swartz nominated Potts; Potts nominated Gillespie. A secret ballot
was conducted with neither candidate receiving the required four votes. Potts
requested his name be withdrawn from consideration. It was moved by Swartz,
seconded by Potts and unanimously carried by all those present that John Gillespie
be elected Vice Mayor by acclamation.
COMPTROLLER!
CENSUS
I
,".-- 'l
PAGE 271
SPECIAL MEETING - OCTOBER 18, 1978
VOLUME 18
V.
SPECIAL ITEMS:
(cont'd)
B. City Manager distributed the application booklet for "State Revenue
Sharing for Local Governments" for fiscal year 1979 and reviewed various aspects
of the City's application. He stated the application listed 2130 as the popula-
tion figure for Seward and he distributed the letter he forwarded to Borough
Mayor Don Gilman which explained how the City administration had arrived at the
2130 figure. He further commented on the increased miles of road to be maintained
from 15.45 to 18.345 due to the City's agreement with the State to maintain 3.3
miles of Resurrection River road. Following discussion, it was moved by Gillespie,
seconded by Potts and unanimously carried by all those present to certify the City
of Seward's population at 2130.
WATER DEPT: C. Letter dated October 11, 1978, from the New Seward Hotel, requesting
a reduction in water rates for the winter season, was noted. City Manager stated
he had received a similar request from the Breeze Inn Motel. He stated he had
thoroughly reviewed the City's water ordinances without locating a provision for
reduced winter rates; however, he stated the billing department had indicated
that such reduction had been granted in past years by administrative action.
He stated if the reduced winter water rates were to be allowed Council action
was required. All Councilmembers present individually voiced objection to such
a reduction and no action was taken to approve the requests as received from
the New Seward Hotel and Breeze Inn Motel.
LOC ORGS!
MARATHON
ADDN!
RES:
I
I
D. Copies being made available to the public and distributed to Council,
Hugli noted by title only proposed resolution regarding the disposition of City
property in the Marathon Addition for senior citizen housing, entitled:
A Resolution Authorizing and Directing the City
Manager to Negotiate the Disposition of Real
Property in the Marathon Addition and Rescinding
Resolution Nos. 78-23, 78-25 and 78-37
It was noted that proper public notice had been given for the addition of this
item to the special meeting agenda as required bySec. 3.5 (c) of the City Charter.
City Clerk stated information received from the City Attorney indicated that
the resolution and Quitclaim Deed had been revised at the request of the Alaska
State Housing Authority to amend the August 1979 deadline for substaintial com-
pletion of the project to January 1, 1984. Further, the original reversion
clause was amended to allow use other than for senior housing if approved by
Council. An additional paragraph was also added which set forth provisions
for resale of the property at a later date. Potts voiced objection to the City
giving the property to ASHA and then in the future possibly repurchasing it
at fair market value. Gillespie voiced objection to the 1984 date for completion
of the project, stating that if the project did not proceed, ASHA could effectively
tie up the property for five years. Following Council discussion, it was moved
by Potts, seconded by Swartz and unanimously carried by all those present to
approve the Quitclaim Deed as attached to Resolution No. 78-39 with the following
amendments:
Page One, Paragraph Two, last sentence:
Said property shall revert to the Grantor if any
such facility is not started by January 1, 1981,
and substantially completed by January 1, 1984.
Page One, Paragraph Three:
Furthermore, in the event that Grantee desires to
resell said property to any person or entity, Grantee
shall first give Grantor a reasonable opportunity to
repurchase said property for the lesser of: (1) the
initial purchase price of the real property plus the
fair market value of any improvements thereon, or
(2) the amount agreed upon as the purchase price for
said property at the time of resale, by and between
Grantee and any third party purchaser.
It was moved by Gillespie, seconded by Potts and unanimously carried by all those
present to approve Resolution No. 78-39.
PAGE 272
SPECIAL MEETING - OCTOBER 18, 1978
VOLUME 18
V.
SPECIAL ITEMS: (cont'd)
E. City Manager reported on various industrial development possibilities
for the City which the administration was investigating. At the request of Hugli,
City Manager stated he would forward a copy of the list of the various projects
to Council for review and future discussion. Gillespie requested that the subject
be scheduled for Council discussion at the November 13 meeting. Hugli, with Council
consent, tentatively scheduled a Council work session for Monday, October 30, 1978,
commencing at 7:00 p.m. in order to discuss possible industrial development,
the transient merchant ordinance and the leases of City property in the Marina
Subdivision.
VI. CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
VII. ADJOURNMENT:
The special meeting was adjourned at 8:32 p.m.
Council held an executive session in order to discuss matters of
l' . rom 8:34 p.m. to 8:53 p.m.
,cy.- .
( \.
J 0 n~e E;: Shan;L€y,.
City~~ierk-T~easurei
\:-' ,'!(l";',;ljJo. .
'r~, ",. "",'
(CitY~Seal.r,;;,f'"., >,_,/", t"~ /"
n . ':,..t'- .. ",. . ,..:'/
t,j l' " '~:. ;:'.... ',.'?'-' /j
-~
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L. Hugli
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--------------------------------------------------------------------------------
PAGE 272
REGULAR MEETING - NOVEMBER 13, 1978
VOLUME 18
I.
CALL TO ORDER:
The November 13, 1978, regular meeting of the Seward City Council was
called to order at 7:30 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Campbell led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, *Gillespie,
Leer, Potts, Swartz and Soriano
Present also: City Manager Johnson, City Attorney Jarrell, Admin.
Asst. Schaefermeyer and City Clerk-Treasurer Shanley
PROCLAMATION:
PROC:
City Clerk read in full proclamation by Governor Jay Hammond, declaring
the week of November 13-'19, 1978, as Alaska Energy Conservation Awareness Week.
*COUNCILMEMBER GILLESPIE ARRIVED AT THIS TIME AND HEREAFTER TOOK PART IN THE MEETING
IV. APPROVAL OF MINUTES:
It was moved by Campbell, seconded by Potts and unanimously carried to
approve the meeting minutes of September 25, October 4, 9 and 18, 1978, as
presented.
PAGE 273
REGULAR MEETING - NOVEMBER 13, 1978
VOLUME 18
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following amendments be made to
the consent calendar items:
1. CH2M Hill Invoice No. 9557 was amended to reflect a
total billing of $11,698.56.
I
9. Trans-Alaska Engineering Statement of November 7,
1978, was amended to show a total of $16,650.
The following additions were made to the regular meeting agenda:
IX. Ordinances and Resolutions: C. Resolutions:
1. Proposed Resolution No. 78-40 regarding State
Dept. of Community and Regional Affairs Com-
missioner McAnerney
XI.
New
D.
Business:
Discussion of the
Louisiana Pacific
outstanding balance due on the
electrical generator
It was moved by Leer, seconded by Swartz and unanimously carried by all those
present to approve the regular meeting agenda and consent calendar as amended
and the following actions were taken:
ELECTRIC DEPT!
PKS & REC:
1. CH2M Hill Invoices for services rendered through
September 24, 1978, were approved for payment and
filed as follows:
I
Invoice No.
9539
9549
9557
Subi ect
Misc. electrical expense
7th Ave. greenbelt
Electric system improve-
ments
Amount
$ 1,226.75
7,576.42
ll,698.56
STREETS, RDS,
HWYS:
2. Arctic Environmental Engineers Invoice received
November 3, 1978, for telephone expenses incurred
June through September relative to the Seward street
paving project, totaling $347.20, was approved for
payment and filed.
HARBOR COMSN:
3. October 27, 1978, letter of resignation from the Harbor
Commission as submitted by Karen Swartz was noted. The
City Clerk was directed to advertise the vacancy and
schedule Council appointment of a replacement for the
December 11, 1978, meeting.
ABCB:
4. October 30, 1978, letter from the Alcoholic Beverage
Control Board, noticing of retail liquor license renewal
application for Seward Trading Company,was filed without
obj ection.
ABCB:
5. October 30, 1978, letter from the Alcoholic Beverage
Control Board, noticing of club liquor license renewal
application for Seward Elks Club, was filed without
obj ection.
I ELECTRIC
DEPT:
6. November 2, 1978, letter received from City Attorney
Jacobus regarding Chugach Electric Association's
request for a tariff revision, was noted for informa-
tion and filed.
ABCB:
7. November 6, 1978, letter from the Alcoholic Beverage
Control Board, noticing of beverage dispensary liquor
license renewal application and "Restaurant Designation
Permit for Minors on Premises" for the Breeze Inn
Restaurant and Motel, was filed without objection.
PAGE 274 REGULAR MEETING - NOVEMBER 13, 1978 VOLUME 18
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
ABCB:
8. November 6, 1978, letter from the Alcoholic Beverage
Control Board, noticing of retail liquor license
renewal application for the Yukon Liquor Store, was
filed without objection.
WATER DEPT:
9. Trans-Alaska Engineering November 7, 1978, status
report regarding the Seward water system improvements
project was noted and Statement totaling $16,650 was
approved for payment and filed.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave the Kenai Peninsula Borough Assembly
report for November 7, 1978.
VII.
PUBLIC HEARINGS:
BUDGET:
A. Price Waterhouse representatives Dan Regis, partner in charge
of the Anchorage office, and Tom Pindelski, appeared from the audience and
spoke and answered questions on the audit report for the City of Seward,
fiscal year ending June 30, 1978, consisting of the Letter to Management
dated September 14, 1978, and the Financial Statements and Supplementary
Information as distributed that evening. Following discussion, Hugli
scheduled further Council review of the audit for the meeting of November 27.
VIII.
CITIZENS' DISCUSSION:
WATER DEPT: A. Murl Trevethan, spokesman for Ed Engle, 327 7th Avenue, appeared
from the audience and spoke on the apparent omission by H & K Construction
Company in replacing the water service lines following the 1964 earthquake
to Engle's residence. Following discussion, Hugli, with Council consent,
requested that the City Manager handle the problem.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
PROCLAMATION!
RESOLUTIONS: regarding
entitled:
1. Admin. Asst. Schaefermeyer read in full proposed resolution
the State Department of Community and Regional Affairs Commissioner,
A Resolution Honoring Lee McAnerney for
Her Service as Commissioner of the Depart-
ment of Community and Regional Affairs
It was moved by Swartz, seconded by Potts and unanimously carried to approve
Resolution No. 78-40.
X.
UNFINISHED BUSINESS: None
XI.
NEW BUSINESS:
MARINA
SUB:
A. Letter dated October 26, 1978, requesting Council approve lease
assignments on City-owned Lots 3, 5, 6, 7 and 8, Block 1, Marina Subdivision,
from Marilyn Plymire to Juris Mindenbergs and Douglas Weeks, was noted. Bob
Griffin, Ed Reasor and Associates of Anchorage, legal counsel for Plymire,
appeared from the audience and spoke in support of Council taking action to
clear the default problems on Lots 5, 6 and 7 and then proceeding to approve
the lease assignments on all five lots and the liquor license transfer on
Lots 3 and 8. Griffin stated his client was recommending that the default
relative to construction deadlines on Lots 5, 6 and 7 be cleared by the
granting of an extension to allow three years for submittal of plans and an
additional two years for completion of construction. City Manager stated the
administration recommended Council approve the request. Hugli and Leer voiced
MARINA SUB:
(cont'd)
I
I
INSURANCE:
SEWAGE
TREATMENT:
I
ELECTRIC!
L P:
~ ,
. .,
PAGE 275
REGULAR MEETING - NOVEMBER 13, 1978
VOLUME 18
XI.
(cont'd)
NEW BUSINESS:
concern that Plymire was speculating with City property. Following discussion,
it was moved by Leer, seconded by Swartz but did not carry as follows,that a
work session be held on the Plymire leases as soon as possible:
Ayes:
Noes:
Absent:
Hugli, Leer and Swartz
Campbell, Gillespie, Potts and Soriano
None
RECESS:
The meeting was recessed at 9:11 p.m.; reconvened at 9:23 p.m.
City Attorney spoke and answered questions on the history of the Council's
approval of the assignment of the various leases to Plymire. Following
discussion, it was moved by Gillespie, seconded by Campbell, but did not
carry as follows, to grant an extension of the Lease Agreements on Lots 5,
6 and 7 to include a two year submission date for plans and four years for
completion of the improvements:
Ayes:
Noes:
Absent:
Campbell, Gillespie and Potts
Hugli, Leer, Soriano and Swartz
None
It was moved by Campbell, seconded by Swartz and unanimously carried to authorize
the lease assignments on Lots 3 and 8 and the transfer of Liquor License No.
78-1521 for the Breeze Inn Restaurant and Motel. Griffin submitted an amended
proposed to Council, requesting approval of a time extension to meet the con-
struction terms as contained in the lease documents for Lots 5, 6 and 7, to
allow one year for submittal of plans and an additional year for completion
of construction. Following discussion, it was moved by Gillespie, seconded
by Potts and carried as follows to extend the construction time frames in
the Lease Agreements on Lots 5, 6 and 7 to one year for plan submittal and two
years for construction completion from today (November 13, 1978) and approve
the lease assignments on those properties:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Potts and Soriano
Hugli, Leer and Swartz
None
B. Letter dated October 16, 1978, from Rollins, Burdick and Hunter
of Alaska, Inc., proposing to review the City's insurance program with the
condition that if sufficient savings for the City could be realized, the firm
would be appointed the City's broker of record, the position presently held
by Clary Pioneer Insurance. City Manager stated the firm of Rollins, Burdick
and Hunter had recently been appointed to administer the Kenai Peninsula
Borough's insurance program. Campbell voiced concern that Council display
honesty in its action that evening and if the proposal were accepted Council
should be bound to follow through if positive results were presented by the
firm following its review. It was moved by Gillespie, seconded by Leer and
unanimously carried to accept Rollins, Burdick and Hunter's invitation to
look into the City's insurance problems.
C. "EPA Project Renegotiation Agreement for Engineering Services
for Design of Wastewater Interceptor" between the City of Seward and Arctic
Environmental Engineers, received November 9, 1978, was noted. City Manager
explained that the agreement as presented was a revision of the 1974 agreement
currently in affect but which needed to be amended due to current Environmental
Protection Agency (EPA) requirements. He recommended Council approve execution
of the Agreement contingent upon the City Attorney's review and approval. It
was moved by Campbell, seconded by Leer and unanimously carried by all those
present to approve the updated contract with Arctic Environmental Engineers
for the wastewater interceptor design.
D. Campbell stated he felt the Council should address the settlement
of the outstanding balance on the Louisiana Pacific (LP) electrical generator.
In answer to a question from Campbell, City Manager stated the City owed
$179,322.12 which was being paid in the form of full credit for LP's electric
bills, at a rate of approximately $60,000 a year. He further stated the City
was not paying any interest pursuant to the payment agreement reached between
the City and LP representatives in 1976. In conclusion, he stated the admin-
istration recommended paying off the generator, even if it meant the need for
bonding.
SEWARD
FISHERIES:
WATER DEPT:
STREETS,
RDS, HWYS;
PAGE 276
REGULAR MEETING - NOVEMBER 13, 1978
VOLUME 18
XIII.
CITY MANAGER REPORTS:
A. "Grant Proposal for Seward Fisheries' Reduction Plant" dated
October 1978 and Environmental Services Ltd., letter proposal dated October 25,
1978, for developing a plan for the collection and transportation of fish
wastes from the Kenai Peninsula and Anchorage to the fish meal plant operated
by Seward Fisheries, was noted. City Manager spoke in support of Council approving
a $6000 grant for the project. Pete Larson, representative for Seward Fisheries,
appeared from the audience and spoke in support of and answered questions on
the grant request. Gillespie voiced concern that location of a major fish meal
plant in Seward might hinder future opportunity for location of a bottom
fisheries facility. Campbell stated he did not want Seward monies spent on
a proposal which later would be used to promote the construction of a reduction
plant in another location and cited a past instance of SF using the line of
credit based on their lease of City property to obtain a loan for construction
of a fish processing plant in another location on the Kenai Peninsula. Hugli
stated he had reservations regarding the spending of taxpayers' money for
private industry. In answer to a question from Soriano, Larson stated if the
meal plant production was increased to what he considered a realistic level,
approximately 13 additional personnel would be employed. Following discussion,
it was moved by Gillespie, seconded by Leer and carried as follows to give the
City Manager the authority to make the grant of $6,000 for this study related
to the Seward Fisheries meal reduction plant: (SEE PAGE 278 FOR AMENDED MOTION)
IV. Approval of Minutes
Gillespie, Hugli, Leer, Soriano and Swartz
Ayes:
Noes:
Abstain:
Absent:
Campbell,
None
Potts
None
B. Dick Lowman, Trans-Alaska Engineering, appeared from the audience
and introduced Gordon Johnson, Vice President of URS Company, consultant for
various phases of the Seward water systems improvement project. Lowman gave a
status report and displayed graphics on the progress his firm was making with
the water project.
C. "Cooperative Agreement Condition of Exit Glacier Road Right-of-
Way Permit" as proposed between the Bureau of Land Management and the City of
Seward, was noted. City Manager and Admin. Asst. spoke on the agreement,
stating it was identical to the agreement Council had approved a few years'
past for the initial 3 1!2 miles of the roadway. Following discussion, it was
moved by Gillespie, seconded by Soriano and carried as follows to give the
City Manager the authority to enter into the Cooperative Agreement with the
Bureau of Land Management:
Ayes:
Noes:
Abstain:
Absent:
Gillespie, Hugli, Leer, Potts, Soriano and Swartz
None
Campbell
None
FEDERAL ADDN: D. Letter dated November 3, 1978, from the State Department of Natural
Resources, Division of Lands, regarding surplus Federal property within the
City limits located at Lot 3, Block 3, Original Townsite, was noted. City
Manager stated the legal description of the property as contained in the letter
was in error and the property was actually located in the Federal Addition. He
stated the property consisted of a dilapidated, vacant house which in years'
past had been used by the Alaska Railroad. City Manager, with Council consent,
recommended that Council file the letter without comment.
4TH OF JULY
CREEK AREA:
E. City Manager and Admin. Asst. stated the City had been informed
by the State Division of Lands that Seward could nominate 562 acres for later
selection. City Manager displayed a map showing the administration's recom-
mendation for land selection in the Fourth of July Creek area. Following
discussion, it was moved by Campbell, seconded by Potts and unanimously carried
to appoint the City Manager as the land selection officer for the City of Seward
and to pursue the nomination of the City's selection as presented and, further,
to encourage the State to classify these lands in whatever manner necessary in
order to allow future conveyance.
F. City Manager informed Council of his schedule for the coming week
which included a trip to Seattle and Juneau.
I
I
I
PAGE 277
REGULAR MEETING - NOVEMBER 13, 1978
VOLUME 18
XIII.
COUNCIL DISCUSSION:
A. In response to a question from Campbell, City Manager stated
the administration was keeping abreast of the progress with the ASHA senior
housing project in the Marathon Addition and he was aware of the problems
with the project blue prints relative to water lines and easements.
B. Potts requ~sted to be excused from the November 27, 1978,
Council meeting.
C. In answer to a question from Potts, City Manager stated the mis-
spelled street signs were in the process of being replaced, at no cost to the
City.
D. In answer to a question from Potts, City Manager stated that the
new construction taking place at the northwest corner of Third and Adams met
all requirements of the zoning ordinance and building code.
E. In answer to an inquiry from Potts, City Manager stated he would
investigate the extent of the City's possible liability exposure relative to
the recent incident of a longshoreman falling from the 4th Avenue Dock.
F. Potts gave a brief report on the progress
and recommended, with Council consent, than an official
progress be presented at the Council meeting of January
of the Ad
report of
8, 1979.
Hoc Committee
the Committee's
G. Potts stated he had abstained from voting on the motion earlier
that evening to award Seward Fisheries a $6,000 grant due to his position with
Louisiana Pacific (LP) and questioned when the Council was going to cease
operating under a double standard regarding industrial development support in
the community. He stated the Council should be intently investigating a
solution for the reimbursement of the outstanding balance due on the generator
to LP. Following discussion, Hugli requested the item be scheduled for dis-
cussion at the Council meeting of December 11.
H. In answer to a question from Leer, City Manager replied that
an increase in personnel would be required in order to keep the utility
counter window open during the lunch hour. He recommended against such action,
stating that the present practice of closing the window between 12 Noon and
1:00 p.m. had been in effect for approximately one year and he had received
very few complaints on the practice.
XIV.
CITIZENS' DISCUSSION:
A. City Manager requested to be excused from the November 27 Council
meeting due to a meeting he was scheduled to attend in Juneau that day.
B. In answer to a question from Beverly Dunham, City Manager confirmed
that Neil A. Armstrong Avenue had been renamed a few years ago to Railway Avenue
and the resolution so renaming the street would be forwarded to her.
C. Brent Whitmore appeared from the audience and stated he felt some
future problems could be prevented if the City would require specific default
procedures be contained as part of the lease agreements for the lease of City
property.
XV. ADJOURNMENT:
The meeting was adjourned at 11:31 p.m.
\
n
\
PAGE 278
REGULAR MEETING - NOVEMBER 27, 1978
VOLUME 18
I.
CALL TO ORDER:
The November 27, 1978, regular meeting of the Seward City Council
was called to order at 7:31 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Leer, Soriano and Swartz (Absent, with Council
consent, was Potts)
Present also: City Manager Johnson, Admin. Asst. Schaefermeyer
and City Clerk-Treasurer Shanley
PROCLAMATION:
City Clerk read in full proclamation declaring November 30, 1978,
as Hazel Ray Day and the Mayor so proclaimed.
IV . APPROVAL OF MINUTES:
Campbell referred to page 276, item XIII. A. of the November 13,
1978, Council minutes and stated he felt the motion regarding the allocation
of $6,000 for a study relative to transportation of fish wastes to the
Seward Fisheries reduction plant needed clarification. Following discussion,
it was moved by Campbell, seconded by Soriano and unanimously carried by all
those present to authorize the City administration to spend the sum not to
exceed $6,000 for the purpose of engaging an engineering firm to study and
develop a plan for the collection and transportation of fish wastes from the
Kenai Peninsula and Anchorage for the fish meal plant operation in Seward,
the study to remain the property of the City of Seward.
It was moved by Gillespie, seconded by Swartz and unanimously carried
by all those present to approve the regular meeting minutes of November 13,
1978, as corrected.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
It was moved by Campbell, seconded by Leer and unanimously carried
by all those present to approve the regular meeting agenda and consent calendar
as presented and the following actions were taken:
C ATTORNEY:
1. Hughes, Thorsness, Gantz, Powell & Brundin bill for
legal services rendered in October 1978, totaling
$4,467.68, was approved for payment and filed.
ABC B:
2. November 13, 1978, letter from the Alcoholic Beverage
Control Board, noticing of the beverage dispensary
liquor license renewal application of the Palace Bar
and Cafe was noted and filed without objection.
ELECTRIC DEPT!
PKS & REC:
3. CH2M Hill invoices for engineering services rendered
through October 24, 1978, were approved for payment
as follows:
Invoice No. Subj ect
9575 7th Avenue Greenbelt $
9576 Electrical utility
9581 Electrical utility tariff
9584 Lowell Creek hydro proj ect
$
Amount
3,861. 03
16,158.49
357.35
10,798.30
31,175.17
PAGE 279
REGULAR MEETING - NOVEMBER 27, 1978
VOLUME 18
VI.
BOROUGH ASSEMBLY REPORT:
Campbell gave a verbal report on the Kenai Peninsula Borough Assembly
meetings held during the month of November.
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION:
I
Hugli introduced State Senator Jalmar Kertulla who was present in the
audience and spoke and answered questions from the floor. No one else appeared
from the audience at this time in order to be heard.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
POLICE DEPT: 1. Copies being made available to the public, Hugli noted by
title only proposed ordinance regarding transient merchants, entitled:
An Ordinance Relating to Transient Merchants,
Amending Section 16-7 of the Seward City Code,
and Creating New Sections Thereof
City Manager stated the proposed ordinance amended the current code provlslons
by adding term definitions and clarifying the exemption for fresh food products.
Following discussion, it was moved by Campbell, seconded by Soriano and unani-
mously carried by all those present to introduce Ordinance No. 466 and schedule
a public hearing for January 8, 1979.
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
I
AK, STATE OF!
4TH OF JULY
CREEK AREA!
RES:
1. City Manager distributed to Council and the public copies of
substitute proposed resolution regarding the nomination of lands in
the 4th of July Creek area for municipal land selection, entitled:
A Resolution Providing for the Nomination
of Certain Lands for a Conveyance From the
State of Alaska to the City of Seward Pursuant
to the Municipal Land Entitlement Act
City Manager and Admin. Asst. stated the purpose of the resolution was to
nominate 843 acres, 150 percent of the City's entitlement, for future City
selection pursuant to the Municipal Land Entitlement Act. City Manager noted
that all the land proposed for nomination was located in the 4th of July Creek
area. It was moved by Campbell, seconded by Leer and unanimously carried by
all those present to approve Resolution No. 78-41.
X.
UNFINISHED BUSINESS:
BUDGET:
A. City Manager spoke and answered Council questions on the audit
report of the City's books for the fiscal year ending June 30, 1978, as pre-
pared by Price Waterhouse, Inc. It was moved by Soriano, seconded by Gillespie
and unanimously carried by all those present to accept the audit report from
Price Waterhouse as presented.
I
XI.
NEW BUSINESS: None
XII.
CITY MANAGER REPORTS:
C ATTORNEY: A. City Manager referred to letter dated November 8, 1978, regarding
the Engineering Science of Alaska law suit and called Council's attention to
the fact that a "Memorandum to Set Civil Case for Trial" had been filed on behalf
of the City by Hughes, Thorsness, Gantz, Powell & Brundin.
PAGE 280
REGULAR MEETING - NOVEMBER 27, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
B. City Manager distributed letter dated November 20, 1978, from
CH2M Hill, proposing to conduct a hydroelectric power project feasibility
study for the City and further stated the item would be scheduled for Council
discussion at the meeting of December 11.
WATER DEPT:
C. City Manager stated he had met with representatives of CH2M Hill,
the engineering firm conducting the low-head hydroelectric project study for
Lowell Creek Diversion Tunnel as funded by Coastal Energy Impact Program funds
in the amount of $51,015. He stated that it appeared that the cost of the
electricity realized from the project would be prohibitive based upon the
20 meter low-head restrictions and, thus, it was estimated the City would
only receive a 150-250 kilowatt range for approximately 8 months a year.
Therefore, he recommended, with Council consent, that CH2M Hill be directed
to investigate the costs of early close-out of the project with about $25,000
of the funds expended.
D. City Manager read in full letter dated November 7, 1978, from
James D. Rolfe, Graham & Dunn, legal counsel for Seward Fisheries, requesting
approval to lease Lot 15, Seward Industrial Park Subdivision, from the City
for expansion of the Fisheries' facilities. Campbell voiced concern that the
lease document, if approved, contain instructions prohibiting SF from using
the leases of City property as a line of credit to borrow monies for investment
elsewhere. Gillespie stated the draft lease document should also contain
strict time constraints for development. Following discussion, it was moved
by Campbell, seconded by Soriano and unanimously carried by all those present
that the City Clerk advertise for the lease of Lot 15, Seward Industrial Park,
a public hearing to be held at the Council meeting of December 11.
BUDGET:
E. "Budget Report" for first quarter of fiscal year 1978-79 ending
October 31, 1978, was noted. City Manager called Council's attention to the
fact that the City was operating well within the budget. Hugli commended the
City administration on its fiscal operations.
F. City Manager stated he would be traveling to Juneau on Wednesday
to meet with the Department of Environmental Conservation representatives
regarding the City's sewage treatment plant construction. In answer to a
question from Gillespie, City Manager commented that the City might be
reaching the stage where it should proceed with secondary treatment due to
the high costs of instituting the Federal requirements being placed on
primary treatment operation and maintenance. City Manager further stated
while in Juneau he would be meeting with employees of the State Division
of Rivers and Harbors regarding the $2 million bond issue approved for the
Seward small boat harbor expansion; and, a meeting had been scheduled with
representatives of the bottom fishing industry.
PERSONAL
PROPERTY!
ELECTRIC
DEPT:
G. City Manager requested permissicn to purchase a used 4-wheel
drive truck for the electric department, the cost not to exceed $6,000. It
was moved by Soriano, seconded by Swartz and unanimously carried by qll those
present to authorize the City Manager to spend funds not to exceed $6,000
on a used 4-wheel drive truck.
H. City Manager stated he had met with representatives of RCA Alascom
and had requested they submit a proposal to the City for the purchase of a
satellite earth station which would allow Seward to receive 4-channel live
television coverage. He stated he would present the proposal to Council when
it arrived.
WATER DEPT: I. "Periodic Estimate for Partial Payment" No. 6 for the period
August 1 to October 31, 1978, as received from Alaska Mechanical Inc. for
work performed on the Seward water system improvements project, Wellhouse No.4,
totaling $5,054.00, was distributed. City Manager requested approval to pay
the invoice, stating it still did not represent the final payment on the
project. It was moved by Gillespie, seconded by Campbell and unanimously
carried by all those present to approve the payment to Alaska Mechanical
for $5,054.
PAGE 281
REGULAR MEETING - NOVEMBER 27, 1978
VOLUME 18
XIII.
COUNCIL DISCUSSION:
not
the
A. In answer to a question from Hugli, City Manager stated he had
yet completed the plans for the dog pound but would continue working on
proj ect.
XIV.
CITIZENS' DISCUSSION:
I
A. James Pruitt appeared from the audience and asked if Council
had considered amending the term of his lease agreement for City property
located in the North Harbor Subdivision as approved in July pursuant to
Resolution No. 78-35. Pruitt explained that other leases involving City
property in the Marina Subdivision were for 30 years but his was only for a
5 year term and that posed a problem in obtaining financing for his planned
car was facility construction. Following discussion, City Manager, with
Council consent, recommended a public hearing be scheduled for the December
11 Council meeting in order to discuss possible amendments to Pruitt's lease
agreement.
B. Julie Renwick appeared from the audience and spoke on the need
for a harbor area overall development plan. Hugli stated the Council had
requested the compilation of such a plan by the Harbor Commission but nothing
had been received to date from the Commission. Harbor Commissioner Pruitt
appeared and stated the Commission had decided that due to the extensive
development and land use already in existence in the harbor, any future
development would have to be considered on a case-by-case basis rather than
trying to plan in advance for such development. Gillespie spoke on the need
for a plan to be developed which would determine the approximate amount of
land in the harbor area which should be reserved for boat storage and parking
so future land leases would not infringe upon those needs. Pruitt and Renwick
spoke in favor of the City investigating the establishment of an elected Port
Authority.
I
C. Pruitt stated Maple Street, Forest Acres, had not been sanded
or plowed during the recent bad weather; City Manager stated he would take
care of the problem.
City Manager requested a short executive session be held following adjournment
of the regular meeting in order to discuss personnel matters. It was moved by
Gillespie, seconded by Leer and unanimously carried by all those present to
hold an executive session regarding personnel matters.
XV.
ADJOURNMENT:
The meeting was adjourned at 9:32 p.m. and Council immediately went
into executive session regarding personnel matters.
0'
r
(d~?,- Seal)
\::;..' ,
~ - ".
~.,' ." . ; ....
.'
I
PAGE 282
REGULAR l'EETING - DECEMBER 11, 1978
VOLUME 18
I. CALL TO ORDER:
The December 11, 1978, regular meeting of the Seward City Council
was called to order at 7:34 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Gillespie,
Leer, Potts, Soriano and Swartz
Present also: City Manager Johnson, City Attorney Jarrell, Admin.
Asst. Schaefermeyer and City Clerk-Treasurer Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Gillespie, seconded by Potts and unanimously carried
to approve the regular meeting minutes of November 27, 1978, as written.
INTRODUCTIONS: Hugli introduced State Representative Margaret Branson from
the audience. Branson stated she had met with Council prior
to the meeting and would answer any questions from the public.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that XI. New Business: A. be taken out of
order and the presentation by CH2M Hill, with an additional presentation by
Arctic Environmental Engineers, be scheduled immediately following VII. Public
Hearings. He further requested that the "Application for Permit for Authorized
Games of Chance and Skill" for calendar year 1979 as submitted by the American
Legion Club and the Seward Senior Citizens be added as Consent Calendar items
4. and 5. respectively. City Manager also requested that "Periodic Estimate
for Partial Payment" statements as received from Consolidated Enterprises, Inc.
in the amount of $9,503.90 and from Alaska Mechanical, Inc. in the amount of
$19,790, be added as XII. City Manager Reports: B. and C. respectively.
It was moved by Potts, seconded by Leer and unanimously carried to
approve the regular meeting agenda and consent calendar as amended and the
following actions were taken:
ABC B:
1. November 22, 1978, letter from the Alcoholic Beverage
Control Board, noticing of the transfer of ownership
of the beverage dispensary liquor license from the
Breeze Inn Restaurant and Motel from Plymire to Weeks
and Mindenbergs, was noted for information and filed.
BUDGET:
2. Invoice dated November 15, 1978, from Price Waterhouse,
Inc. in the amount of $950 for a portion of the fiscal
year 1977-78 City auditing services, was approved for
payment and filed.
LOC ORGS!
STREETS:
3. Kenai Peninsula Borough Platting Committee meeting minutes
of November 6, 1978, conditionally approving the vacation
of a portion of Lowell Street between Lots 4, 5, 11 and 12,
Marathon Addition, as requested by the City of Seward for
the senior citizens' housing project, was presented for
information and filed.
LOC ORGS:
4. "Application for Permit for Authorized Games of Chance
and Skill" for calendar year 1979, as submitted by the
American Legion Club, was approved and filed.
LOG ORGS:
5. "Application for Permit for Authorized Games of Chance
and Skill" for calendar year 1979, as submitted by the
Seward Senior Citizens, was approved and filed.
," I
PAGE 283
REGULAR MEETING - DECEMBER 11, 1978
VOLUME 18
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting of December 5, 1978.
VII.
PUBLIC HEAR]NGS:
ORIGINAL A. Hugli opened the Board of Adjustment public hearing on the appeal
TOWNSITE: as filed by Daren E. Miller and the City of Seward of the Kenai Peninsula Borough
Planning Commission's action to deny the conditional use permit for construction
I of a 16 unit apartment complex on Lots 26-30, Block 22, Original Townsite, and
the following items were noted:
"Notice of Public Hearing - Seward City Council!
Board of Adjustment, December 11, 1978" as pub-
lished two times in the local newspaper and
mailed to property owners within a 300 foot radius
of the subject property
"Findings of the Kenai Peninsula Borough Planning
Commission Regarding the Appeal of Ronnie L. Lewis"
dated November 13, 1978
Kenai Peninsula Borough Planning Commission meeting
minutes of October 2 and 16, 1978
"Memorandum of Decision" of the City of Seward,
Alaska, Planning and Zoning Commission in the
matter of the application of Daren E. Miller for
a conditional use permit, dated August 9, 1978
I
John Wood, legal counsel representing Daren E. Miller, appeared from the audience
and spoke against the Borough Planning Commission's denial of the conditional
use permit (CUP) which had previously been approved for issuance by the Seward
Advisory Planning and Zoning Commission. He stated that two of the reasons the
Borough had sited in its findings for denial of the permit were based upon parking
standards; he called attention to the fact that the six conditions listed in the
zoning ordinance as having to be met prior to the issuance of a permit did not
in any manner refer to parking requirements. In conclusion, Wood stated that
Miller's proposed development of the property was in harmony with the City's
comprehensive plan for high density dwellings in the subject area.
I
Ranald Jarrell, legal counsel for the City administration and Advisory Planning
and Zoning Commission, appeared and explained that his clients were also appealing
the action of the Borough Planning Commission. He stated the Board of Adjustment
had to decide if the Advisory Planning and Zoning Commission had properly addressed
the six conditions to be met prior to the issuance of a conditional use permit
pursuant to Section 21.78.280 of the zoning ordinance, and if the Commission
had then justifiably found that Miller had satisfied those conditions. Jarrell
specifically referred to portions of the Borough Planning Commission minutes of
October 2 and 16, citing statements which had been made by the Commission members
confirming that the six conditions had been met with the exception of the parking
standards. He reiterated that parking regulations were not contained as a condition
to be met prior to the issuance of a CUP and, therefore, such parking standards
should not be considered in the granting or denial of the permit. Jarrell spoke
against the late receipt of a memo dated December 11, 1978, from the Kenai Peninsula
Borough Planning Department which amended the Department's earlier findings regarding
the appeal and the requirement that the Miller development be in conformity with
the City's community plan. Jarrell stated that the City's community plan was, in
fact, the zoning ordinance, and Miller's application for a CUP had met all require-
ments of that document. In conclusion, Jarrell stated that the six conditions
listed as prerequisites to be met prior to the issuance of a CUP had been met and
had not been attacked or eroded in the public hearings before the Borough Planning
Commission; therefore, the CUP as approved by the Seward Advisory Planning and
Zoning Commission should be upheld.
PAGE 284
REGULAR MEETING - DECEMBER 11, 1978
VOLUME 18
VII.
PUBLIC HEARINGS:
(cont'd)
ORIGINAL
TOWNSITE:
(cont'd)
Jeff Ottesen, Senior Planner for the Borough, appeared from the audience and
expounded on the Borough Planning Department's memorandum dated December 11,
1978, which he had distributed immediately prior to the meeting, regarding the
Borough Planning Commission's action to grant Lewis' appeal and deny the CUP as
requested by Miller. He stated that it was the Borough staff opinion that the
"community plan" cited in one of the conditions to be met prior to the issuance
of a CUP ("3. The proposed use is in harmony with the community plan.") was
one in the same as the Comprehensive Plan as prepared by the Alaska State Housing
Authority and adopted by the Borough in 1974. Miller's requested CUP for place-
ment of 16 residential units on 15,000 square feet of property would be allowed
within the boundaries of the zoning ordinance but not within the prescribed
standards of the Comprehensive Plan, according to Ottesen. Ottesen further
stated that the opinion received from the Borough Attorney was that the more
recently adopted zoning ordinance would modify the earlier Comprehensive Plan.
John Foster, legal counsel for Ronnie L. Lewis, appeared from the audience and
spoke in favor of the Board of Adjustment taking action to uphold the Borough
Planning Commission's denial of the CUP to Miller for construction of the 16
unit apartment complex. He cited various cases heard in other states wherein
when a discrepancy occurred between a comprehensive land use plan and a zoning
ordinance, the comprehensive plan was granted precedence. Foster stated that
due to the appearance of impropriety and the possibility of such being prejudicial
to his client's rights, the Board of Adjustment should not seek a legal opinion
from the same attorney who was representing the City administration and the
Advisory Plannfng and Zoning Commission.
No one else appeared from the audience in order to be heard and the public hearing
was closed. Following Council discussion, Hugli read the following motion:
On the 9th day of August, 1978, a public hearing was held before
the Seward Advisory Planning Commission in the matter of the
application for a conditional use permit filed by Mr. Daren Miller
concerning Lots 26-30, Block 22, Original Townsite, Seward, Alaska.
The application was filed and the hearing was held in accordance
with Chapter 21.78 of the Kenai Peninsula Borough Code of Ordinances.
The granting of a Conditional Use Permit (CUP) is governing by the
provisions of Section 21.78.280 of the Code. Six conditions are
set out in the ordinance and all must be met before the CUP may be
granted. Matters not relating to those specific six provisions
are irrelevant and should not be considered by either the Seward
Advisory Planning Commission, the Kenai Peninsula Borough Planning
Commission or the Seward Board of Adjustment.
The Seward Advisory Planning Commission in its Memorandum of
Decision carefully reviewed all six of these requirements and
analyzed the evidence presented in relation to those requirements.
It granted the CUP after finding that all six requirements had
been met. The hearings on appeal to the Kenai Peninsula Borough
Planning Commission resulted in a reversal of the decision of the
Seward Advisory Planning Commission.
A close review of all of the evidence presented by all of the
interested parties, the Memorandum of Decision of the Seward Plan-
ningCommission, the minutes of the hearings before the Borough Plan-
ning Commission and the Borough's findings,leads to the conclusion
that the decision of the Seward Advisory Planning Commission in
granting the conditional use permit was correct and in compliance
with the Seward Zoning Ordinance.
Likewise, a review of the hearings and the findings of the Borough
Planning Commission show that the Borough often was distracted from
the central questions as to whether the applicant met all of the
conditions of Section 21.78.280. The hearing and the findings of the
PAGE 285
REGULAR MEETING - DECEMBER 11, 1978
VOLUME 18
VII.
PUBLIC HEARINGS: (cont'd)
ORIGINAL
TOWNSITE:
(cont'd)
Borough Commission were concerned in part with parking, for
example. Parking is not a factor to be taken into considera-
tion in the granting of a conditional use permit. The appli-
cant indicated in previous hearings that he would comply with
the parking requirements; no waiver was sought by him on that
question at alL
I
Much stress was placed on the fact that Seward does not have a
"community plan" with which the proposed use could be in harmony.
The zoning ordinance nowhere defines the term "community plan".
We deem the Seward zoning ordinance itself and the zoning map
to be the "community plan" within the terms of the requirements
of the conditional use permit. This was the position earlier
taken by advocates of the proposed use in the hearing before
the Seward Advisory Planning Commission/and the manner in which
the Advisory Planning Commission addressed that question in its
Memorandum of Decision is correct.
There is nothing in either the hearings of the Borough Planning
Commission or the findings of that body which destroy the integrity
or the accuracy of the Seward Advisory Planning Commission's
decision as expressed in its Memorandum. We hereby incorporate
that earlier decision in its entirety.
The motion was seconded by Leer and carried as follows:
Ayes:
Noes:
Abstain:
Absent:
Campbell, Hugli, Leer, Potts, Soriano and Swartz
None
Gillespie
None
SEWARD
I
FISH:
Fisheries
Fisheries'
B. Public hearing was opened on the proposal submitted by Seward
for the lease of City-owned Lot 15, Industrial Park Subdivision, for
facility expansion, and the following items were noted:
"Seward City Council Notice of Public Hearing
on Proposed Lease of City Property - December
11, 1978" as published two times in the local
newspaper and posted pursuant to City ordinance
Seward Fisheries' legal counsel Graham and Dunn,
letter of November 7, 1978, requesting to lease
Lot 15
City Manager distributed a draft resolution and attached lease providing for
the lease of Lot 15 to Seward Fisheries. He stated that the administration
would recommend a lease rental rate of 12 cents per square foot per year, the
rate established by appraisal the previous year on adjacent Lot 14, also leased
by the Fisheries. Beverly Dunham appeared from the audience and spoke in favor
of the City leasing the property to the Fisheries. No one else appeared from
the audience in order to be heard and the public hearing was closed. Following
discussion, City Manager stated that the resolution and draft lease would be
presented for Council action at the January 8, 1979, meeting.
N HARBOR
SUB:
I
C. Public hearing was opened on James Pruitt's request to amend the
term of his lease agreement with the City for a parcel in the North Harbor
Subdivision for placement of a car wash facility, and the following items
were noted:
"Seward City Council Notice of Public Hearing
Regarding Amending a Lease of City Property -
December 11, 1978" as published two times in
the local newspaper and posted pursuant to City
ordinance
PAGE 286
REGULAR MEETING - DECEMBER 11, 1978
VOLUME 18
VII.
PUBLIC HEARINGS:
(cont'd)
NORTH
HARBOR
SUB:
(cont'd)
A portion of the Seward City Council meeting
minutes of September 25, 1978, at which time
Pruitt requested his lease term be amended
and Council consented to consider his request
"Lease Agreement" dated September 25, 1978,
between the City of Seward and James Pruitt
Copy of a standard lease agreement between
the City of Seward and lessees in the Marina
Subdivision
James Pruitt appeared from the audience and spoke in support of his request
to amend his lease term to 30 years due to loan requirements and, further, the
extended term would bring his lease into conformance with other leases in the
vicinity. City Attorney recommended that in the near future Council should
consider amending the leases in the harbor area in order to remove various
inconsistencies, ambiguities and cumbersome language. Following discussion,
it was moved by Potts, seconded by Swartz and carried as follows to amend Jim
Pruitt's lease to 30 years and to add any additional language and make any
amendments to the lease document as recommended by the attorney and agreed
upon by the City Council and the lessee:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Potts, Soriano and Swartz
Leer
None
City Manager confirmed that an amended lease agreement would be presented for
Council consideration at the January 8, 1979, meeting.
RECESS: The meeting was recessed at 9:04 p.m.; reconvened at 9:12 p.m.
XI.
NEW BUSINESS: (Taken out of order by Mayor, with Council consent)
ELECTRIC
DEPT:
A. Tom Small of CH2M Hill appeared from the audience and distributed
letter dated December 8, 1978, rega~ding progress on the Seward electric
system improvements project. He spoke on future anticipated shortages in
electrical supply if action was not taken in the near future to expand
the capactiy of the system. Small cited CH2M Hill's recommendations for
system expansion as contained in the December 8 letter, including the
suggestion to abandon the existing Seward Substation at Mile 7, construct
a new substation adjacent to the City's generating plant, and install trans-
formers with the capacity to be converted to a 69KV operation at a later date.
He urged that if such system expansion was not initiated it would be likely
that the City would have to declare a moratorium on industrial growth in the
area. Following discussion, it was moved by Gillespie, seconded by Soriano
and unanimously carried that whereas R.W. Beck's earlier recommendation had
been to move the electrical substation adjacent to the City's present gen-
erating plant and whereas CH2M Hill has made the same recommendation, that
the City of Seward accept that concept to improve the City's electrical
utility system.
Bill Waters appeared from the audience and spoke on CH2M Hill's
letter of November 20, 1978, proposing to conduct a hydroelectric reconnais-
sance-level study for the City of Seward. He reported on the low-head hydro-
electric study on Lowell Creek which CH2M Hill was conducting for the City
pursuant to the City's receipt of a Federal grant. Waters commented that the
project appeared to be unfeasible and recommended discontinuing the project
and, instead, investigating feasible hydroelectric facility locations along
Resurrection and Snow Rivers and on Grant and Crescent Lakes. Small stated
that if CH2M Hill received the authorization to conduct the basic investi-
gation at the four proposed locations, at an estimated cost of $5000, the
City would be in a favorable position and ready to apply for anticipated State
monies to be made available within the next year for local hydroelectric
projects. City Manager spoke in support of the proposal, stating the funds
for the study were available within the Electrical Department's budget.
Following discussion, it was moved by Campbell, seconded by Leer and unanimously
carried that if the engineer's opinio,[ was borne out and the cost estimates
were negative that the City of Seward withdraw from the Lowell Creek hydro-
electric project. It was moved by Gillespie, seconded by Soriano and unanimously
carried to give the City Manager the authority to hire CH2M Hill to do a hydro-
electric study on the four sites at a cost not to exceed $5000.
SEWAGE
TREATMENT:
I
I
SEWAGE
TREATMENT!
RES:
PERSONNEL!
RES:
I
" \ ,
PAGE 287
REGULAR MEETING - DECEMBER 11, 1978
VOLUME 18
XI.
NEW BUSINESS:
(Taken out of order by Mayor, with Council consent) (cont'd)
A-I. Sid Clark of Arctic Environmental Engineers appeared from the
audience and distributed letter dated December 6, 1978, regarding the Seward
wastewater treatment facility. He stated EPA had not yet compiled the rules
and regulations to be followed in filing a secondary treatment waiver and
waiting for such rules could mean a delay of a year or more. Clark stated
the costs of drafting the application and the related facility plan revisions
would be borne wholly by the City. He stated in recent discussions with EPA
representatives it was found that the previously recommended effluent chlorina-
tion and filtration systems were no longer necessary components of the City's
proposed aerated lagoon. In his concluding remarks, Clark recommended the
City's most feasible and economic action would be to continue with secondary
treatment in the form of a simplified aerated lagoon and to modify Arctic
Environmental Engineers' earlier recommendation by removing the filtration
and chlorination systems from the facility plan. Following discussion, it
was moved by Hugli, seconded by Gillespie and unanimously carried to proceed
with the implementation of a simplified aerated lagoon system design and
construction at Lowell Point and abandon the application for a secondary treat-
ment waiver.
City Manager requested authority to enter into an agreement with
Ethel Hardy for an option to purchase approximately 11 acres in the Lowell Point
area at a price of $111,000 with the option to continue through June 30, 1979,
and to cost $1000. He explained that the terms of the purchase option and
the property involved were the same as the agreement approved by Council the
previous year. It was moved by Gillespie, seconded by Campbell and unanimously
carried to give the City Manager the authority to enter into a purchase option
for said lands at Lowell Point, the option to cost $1000 and to run through
June 30, 1979, and the total selling price not to exceed $111,000.
VIII.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
1. Copies being made available to the public, Hugli noted by
title only proposed resolution regarding a $10,018 grant for the City's sewage
treatment project, entitled:
A Resolution Accepting the State Grant in
Connection With the Step I Facility Sewerage
Project
It was moved by Campbell, seconded by Swartz and unanimously carried to approve
Resolution No. 78-42.
2. Copies being made available to the public, Hugli noted by
title only proposed resolution regarding City employees' retirement program,
entitled:
A Resolution Authorizing the Participation
of the City of Seward, Alaska, and Its
Employees and Officials in the Public
Employees Retirement System of Alaska and
the Payment of Required Premiums, Pursuant
to A.S. 39.35 E.T. SEQ
City Manager stated since his initial presentation of the retirement plan to
Council prior to adoption of the fiscal year budget, the employer's share
of the plan had increased fromlL6percent to 12.6 percent. He stated that
after investigating the amount to be realized from the cash-out of the present
retirement system, it was found that if $50,000 of those proceeds were authorized
to be advanced to the State of Alaska, the employer's share could be reduced
to 11.56 percent, an amount which could be handled within the confines of the
current budget. Following discussion, it was moved by Hugli, seconded by Leer
'.,: ><
PERSONNEL!
RES:
(cont'd)
LOUISIANA
PACIFIC!
ELECTRIC
DEPT:
ALASKA,
ST. OF:
WATERFRONT
TRACTS:
PAGE 288
REGULAR MEETING - DECEMBER 11, 1978
VOLUME 18
IX.
ORDINANCES AND RESOLUTIONS: (cont'd)
C. Resolutions: (cont'd)
and unanimously carried to approve Resolution No. 78-43 subject upon the
approval of the Participation Agreement by the City's legal counsel. It was
moved by Gillespie, seconded by Swartz and unanimously carried to give the
City Manager the authority to advance $50,000 to the Public Employees Retire-
ment System of Alaska, effective January 1, 1979.
X.
UNFINISHED BUSINESS:
A. Documents dated April 1974 through May 1977 regarding the purchase
of an electrical generator by Louisiana Pacific (LP) and the City of Seward,
were noted. City Manager reconstructed the history of the generator purchase
beginning with the Council motion of April 4, 1974, approving the equipment
purchase in an amount not to exceed $400,000. He went on to cite numerous
letters, draft agreements, minute orders and other related documents regarding
the negotiations between the City and LP for satisfaction of the amount due
on the equipment as paid by LP. He explained that the City was reimbursing
LP at a rate of approximately $60,000 a year by crediting the mill's electric
bills, and that a balance of approximately $170,000 was still outstanding.
Hugli noted his memorandum to Council dated December 6, 1978, and attached
background documents. He stated that in 1974 the Council had authorized an
expenditure of up to $400,000 for purchase of the generating equipment and
that amount had already been exceeded.
Potts stated due to his employment with LP he would step down
from the dais and address Council as a member of the audience. He recapped
the events and negotiations between LP and the City beginning in February
of 1974 and cited various letters through May of 1977. He stated LP had,
since September of 1974,requested that the City pay interest on the unpaid
balance; however, no contract had ever been agreed upon by the two parties.
He alleged that the City was using stalling techniques in order to forestall
full payment of the generator. Following discussion, it was moved by Campbell,
seconded by Gillespie and carried as follows to authorize the City Manager,
via the City Attorney, to negotiate a contract and return it to Council for
consideration within 30 days:
Ayes:
Noes:
Abstain:
Absent:
Campbell, Gillespie, Hugli, Leer, Soriano and Swartz
None
Potts
None
XI.
NEW BUSINESS:
B.-C. November 28 and December 4, 1978, letters from the State Division
of Lands regarding State classification of possible municipal land selection
nominations as watersheds, mental health or school lands, was noted. Admin.
Asst. spoke on the two letters, stating that the City administration concurred
with the State in that the lands should be protectively classified; however,
he recommended that instead of listing specific land classifications that the
land rather be designated as "reserve" lands. It was moved by Gillespie, seconded
by Potts and unanimously carried to give the City Manager the authority to relay
to the State Division of Lands the Council's concurrence with classification
of the lands into a "reserve" status.
XII.
CITY MANAGER REPORTS:
A. Northern Stevedoring and Handling Corporation's (NSHC) letter
and invoice dated October 2, 1978, totaling $8,318.64 for repair of the
Fourth Avenue Dock, was noted. City Attorney stated that the Lease and Dock
License Agreement as entered into between the lessee, NSHC, and the City
specifically stated that maintenance and repair of the dock facility was the
responsibility of the lessee, not the City. Therefore, he recommended that
the payment be denied. It was moved by Hugli, seconded by Gillespie and
unanimously carried to deny payment of Invoice No. 329 in the amount of
$8,318.64 from NSHC.
FIRE DEPT!
WATER
DEPT:
I
\i
..;(",
PAGE 289
REGULAR MEETING - DECEMBER 11, 1978
VOLUME 18
XII.
CITY MANAGER REPORTS:
(cont'd)
B. "Periodic Estimate for Partial Payment" as received from
Consoldiated Enterprises, Inc. for modifications to the fire station,
totaling $9,503.90, and Alaska Mechanical, Inc. for Seward water system
improvements, Wellhouse No.4, in the amount of $19,790, were distributed.
City Manager recommended Council approve payment of the two bills. It was
moved by Campbell, seconded by Leer and unanimously carried to approve
payment to Consolidated Enterprises, Inc. in the amount of $9,503.90 and
to Alaska Mechanical, Inc. in the amount of $19,790.
C. City Manager, with Council consent, requested permission to
attend a West Coast States City Manager's meeting in Portland on Friday,
December 15, 1978.
C ATTORNEY! D. City Manager reported on the status of the law suit between
C ENGINEER:Engineering Science of Alaska and the City of Seward, stating that the attorneys
wished to commence negotiations for a settlement and he needed Council authoriza-
tion to enter into the negotiations, the final settlement to be presented to
Council for approval. It was moved by Campbell, seconded by Swartz and unanimously
carried to authorize the City Manager to negotiate a settlement of the law suit
with Engineering Science of Alaska.
SEWAGE
TREATMENT:
E. City Manager read in full draft "Letter of Compliance" setting
forth three responsibilities agreed upon by the City of Seward relative to
the proposed wastewater treatment facility and requested approval to sign
the letter on behalf of the City. It was moved by Campbell, seconded by Potts
and unanimously carried to authorize the signing of the Letter of Compliance
on the wastewater treatment facility.
SEWAGE F. City Manager requested authorization to sign an Environmental
TREATMENT: Protection Agency grant application for $283,875 as the Federal government's
payment of its percentage of the sewage treatment plant, design phase, costs;
it was so moved by Campbell, seconded by Potts and unanimously carried.
I SEWAGE G. City Manager requested authorization to sign a State construction
TRTMT:grant application for $47,312 as the State's payment of its percentage of the
wastewater treatment facility; it was so moved by Campbell, seconded by Swartz
and unanimously carried.
HARBOR
COMSN:
I
XIII.
COUNCIL DISCUSSION:
A. The following items were noted as to the vacancy on the City of
Seward Harbor Commission:
"Notice of Vacancy - Seward Harbor Commission"
as published in the local newspaper
Application forms as submitted by John C. Eads,
Julie Renwick and Luer A. "Larry" Webb
Council conducted a secret ballot and, upon counting the ballots, City Clerk
confirmed that applicant Julie Renwick had received four votes; Hugli so
declared Renwick appointed to the Harbor Commission.
B. It was noted that the second regular Council meeting for December
was scheduled for Christmas Day. Hugli, with Council consent, cancelled the
December 25, 1978, Council meeting subject to call.
C. Swartz questioned why trailers were allowed to park behind the
Tesoro station. City Manager stated there were provisions in the City Code
which allowed trailer courts within the City limits and, apparently, the
Tesoro station had been classified in the past as a trailer court and had
received a permit each year to operate as such. Various citizens in the
audience commented on the intent of a previous Council and Planning and Zoning
Commission when trailers had been initially allowed to park at the station on
a temporary basis only. Following discussion, Hugli requested that the matter
be scheduled for discussion at the January 8, 1979, Council meeting.
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PAGE 290
REGULAR MEETING - DECEMBER 11, 1978
VOLUME 18
XIII.
COUNCIL DISCUSSION: (cont'd)
BUDGET:
D. Gillespie referred to December 7, 1978, letter received from
the Department of Community and Regional Affairs, Division of Local Government
Assistance, which stated that Fiscal Year 1979 State Revenue Sharing funds
would not be forthcoming to the City due to late submittal of the City's
application. City Manager stated he was continuing to investigate ways for
the City to receive the funds.
E. Potts stated he was prepared to hand in his resignation from
the City Council if in any way his involvement that evening with the Louisiana
Pacific!City of Seward electrical generator detracted from the integrity of
the Council.
F. Hugli questioned why the Harbor Master's building was open
24 hours a day. City Manager replied that it was open during the summer
months in order to allow patrons to use the lavatory and shower facilities.
He stated the building should not be left open in the winter and he would
check on the situation.
XIV.
CITIZENS' DISCUSSION:
A. Herman Leirer appeared from the audience and stated he was
withdrawing his previous offer of 20 acres of land near the airport for
location of the City's wastewater treatment facility. He submitted
another offer for 28 acres south and east of the airport at $1000 per acre
and stated he would agree to allow the City to purchase the land at a rate
which carried no interest for the first 3-4 years.
B. In answer to questions from Mary Lewis, Hugli stated that
the earlier motion made regarding the Board of Adjustment hearing on a
conditional use permit for construction on Lots 26-30, Block 22, Original
Townsite, had been written following Council consent on the matter. City
Attorney answered in the affirmative when Lewis questioned if he had provided
legal counsel to the City Council regarding the appeal.
C. In answer to a question from James Pruitt, City Manager stated
that $450,000 had been allocated in the draft State budget for 1979-80 for
City of Seward, Small Boat Harbor grid improvements and the administration
would make every effort to keep the allocation in the proposed budget.
xv.
ADJOURNMENT:
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at 12:08 A.M.