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HomeMy WebLinkAbout1979 City Council Minutes I I CONPTROLLER: C ATTORNEY: C ATTORNEY: WATER! ELECTRIC: I ELECTRIC DEPT: PAGE 291 REGULAR MEETING - JANUARY 8, 1979 VOLUME 18 I. CALL TO ORDER: The January 8, 1979, regular meeting of the Seward City Council was called to order at 7:33 p.m. by MayorlHugli. II. OPENING CEREMONY: Councilmember Potts led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Hugli; Councilmembers Campbell, Potts, Soriano and Swartz (Absent, with Council consent, was Leer; also absent was Gillespie) Present also: City Manager Johnson, City Attorney Arvidson, Admin. Asst. Schaefermeyer and City Clerk-Treasurer Shanley 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 December 11, 1978, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following be added to the consent calendar: 9. CH2M Hill Invoice No. 9615 dated December 15, 1978, for Seward greenbelt design services, totaling $5,260.58 City Manager further requested that the Public Relations Ad Hoc Committee report scheduled to be heard as XI. New Business A. be considered as item E. under VIII. Citizens' Discussion. It was moved by Campbell, seconded by Potts and unanimously carried by all those present to approve the regular meeting and consent calendar agendas as amended and the following actions were taken: 1. Comptroller's list of Accounts Payable for November 1978, totaling $313,510.96, was approved for pay- ment and filed. 2. Hughes, Thorsness, Gantz, Powell and Brundin's bill dated December 4, 1978, for legal services rendered relative to litigation, totaling $2,487.06, was approved for payment and filed. 3. Hughes, Thorsness, Gantz, Powell and Brundin bill dated December 19, 1978, for legal services rendered, totaling $2,977.03, was approved for payment and filed. 4. CH2M Hill Invoice No. 9616 dated December 15, 1978, for professional services rendered regarding the Lowell Creek low-head hydroelectric study, totaling $5,856.60, was approved for payment and filed. (See XII. City Manager Reports: F. for amended total payment) 5. CH2M Hill Invoice No. 9619 dated December 15, 1978, for professional services rendered relative to the Seward Electric Department, totaling $18,489.82, was approved for payment and filed. ')l)'j PAGE 292 REGULAR MEETING - JANUARY 8, 1979 VOLUME 18 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) STREETS, RDS, HYWS: 6. Price Waterhouse and Company's invoice dated December 27, 1978, for LPW grant (street paving project) auditing services, totaling $1,500, was approved for payment and filed. JESSE LEE HOME: 7. State Division of Parks letter dated December 15, 1978, regarding the historical nomination of the Alaska Flag Raising Site (Jesse Lee Home property) was noted for information and filed. PLANNING & ZONING: 8. State Division of Lands letter received December 28, 1978, regarding the Kenai area land management plan- ning study and public hearing scheduled January 15, 1979, in Seward, was noted for information and filed. PKS & REC: 9. CH2M Hill Invoice No. 9615 dated December 15, 1978, for professional services rendered relative to the 7th Avenue greenbelt design, totaling $5,260.58, was approved for payment and filed. VI. BOROUGH ASSEMBLY REPORT: Councilmember Campbell gave a verbal report on the Kenai Peninsula Borough Assembly meetings of December 19, 1978, and January 2, 1979. City Manager requested, with Council consent, to represent the Council in speaking before the Borough Assembly in support of the transfer of the old Seward High School to the State of Alaska at a nominal fee for use by the Skill Center. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: TELEVISION: A. Clifford Scheel of RCA Alaska Communications and Dwight Myers of the Office of Telecommunications, State of Alaska, appeared from the audience and spoke and answered questions on the feasibility of installing a television earth station for the City of Seward. Scheel presented a slide show on various television earth stations throughout the State. He quoted an approximate cost figure of $175,000 for the City of Seward to install a 10 meter earth station, not including maintenance and operation costs; he compared that cost to the monthly charge of approximately $10,000 if RCA were to install the earth station with no capital participation by the City. Scheel spoke briefly on the programming available from RCA's two satellites. Myers explained the State Television Demonstration Project and the Mini-TV Association programming which could provide Seward with two television channels. In answer to a question-from Campbell, City Manager stated he estimated the earth station could be financed by no more than a one mil tax increase. Don Oldow appeared from the audience and spoke against the lack of support the City has received from the State in the area of television. City Manager replied that although it was true numerous communities had received State assistance and Seward had not, he recommended the City proceed on its own but continue to lobby for State funding. Willard Dunham appeared from the audience and spoke in support of the City administration proceeding with the investigation of the feasibility of an earth station. Following discussion, City Manager, with Council consent, requested authority to proceed to advertise for proposals for purchase of the earth station and, further, to request the State to assist with engineering and drawing specifications. RECESS: The meeting was recessed at 8:06 p.m.; reconvened at 8:09 p.m. SEWARD FISHERIES: HARBOR COIN. C COUNCIL: I I PAGE 293 REGULAR MEETING - JANUARY 8, 1979 VOLUME 18 '" VIII. CITIZENS' DISCUSSION: (cont'd) B. Ralph Hoard, Vice President of New England Fish and General Manager of Seward Fisheries, appeared from the audience and gave a report on the projected 1979 season for Seward Fisheries, a joint venture of New England Fish and Icicle Seafoods with plants in Ninilchik, Homer and Seward. He spoke of the negative crab, herring and scallop fishing factors and of the positive halibut and salmon catch projections. C. Barbara Glansbeek, Resurrection River Road, appeared from the audience and spoke against the shortened hours of the Harbor Master's building. She stated she had lived in the area two years and regularly used the shower facilities at the harbor; however, recently the showers were being closed at 4:30 p.m. in readiness for locking of the building at 5:00 p.m. when the harbor employees left for the day. City Manager spoke on the vandalism which was occurring in the building and had led the admin- istration to decide to close the building early in the winter months instead of leaving it open 24 hours a day as was the policy in the summer during the heaving boating traffic. Don Oldow, Harbor Commissioner, appeared from the audience and stated the facilities at the Harbor Master's building were specifically for use by the boaters and he did not feel it was the intent of the City to furnish shower facilities to the general public. Willard Dunham appeared from the audience and spoke in support of longer hours for the building so the showers would be available to those who wanted to use them in the evenings. In answer to a question from Soriano, City Manager stated that the people who were complaining lived outside the City limits; if they lived within the City they would be required by law to have toilet facilities in their residences. Following discussion, Hugli, with Council consent, requested that the matter be considered by the Harbor Commission prior to Council action. D. Harbor Commission report - there was no Harbor Commission report at this time. E. Larry Potts, Julie Renwick, James Pruitt, Barbara Blowers and Willard Dunham, members of the Public Relations Ad Hoc Committee, appeared from the audience and presented a verbal report and transparencies of the research, findings and recommendations of the Committee relative to the positive and negative aspects of Seward with the goal of developing an atmosphere conducive to economic growth of the Seward area. Potts gave an overview of the Ad Hoc Committee's investigations and listed the positive aspects of Seward as defined by the Committee. Renwick reported on the cost comparisons of Seward and other ports in Southcentral Alaska. Pruitt reported on the future of commercial and bottom fisheries development in Seward. Blowers spoke on the need for more public relations activities and publicity for Seward. Dunham summarized the Committee's presentation and distributed "City of Seward Ad Hoc Committee Report to Council - January 8, 1979" with the attached brochure which the Committee had printed and mailed to various individuals and agencies in Alaska, the Lower 48 and foreign businesses/countries with interests in Alaska. Following discussion, Hugli, with Council consent, stated a work session would be scheduled for the following week in order for Council to meet with the Ad Hoc Committee to discuss the report and recommendations contained therein. 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 read 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 PAGE 294 REGULAR MEETING - JANUARY 8, 1979 VOLUME 18 IX. ORDINANCES AND RESOLUTIONS: (cont'd) B. Ordinances for Public Hearing and Enactment: (None) "Notice of Public Hearing on Proposed Transient Merchant Ordinance" as published two times in the local newspaper and posted, 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. City Manager, with Council consent, requested action on the ordinance be postponed to a later date. C. Resolutions: SEWARD FISH! RES: 1. Copies being made available to the public, Hugli read by title only proposed resolution providing for the lease of Lot 15, Seward Industrial Park Subdivision, entitled: A Resolution Providing for the Lease of Lot 15, Seward Industrial Park, to Seward Fisheries City Manager stated the lease rental rate of 12 cents per square foot per year should be inserted in the resolution and attached lease agreement; he stated the amount was based on a recent appraisal of adjacent property. It was moved by Campbell, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 79-1, providing for the lease of Lot 15, Seward Industrial Park, to Seward Fisheries at an initial cost of 12 cents per square foot per year. N HARBOR SUB! RES: by in 2. Copies being made available to the public, Hugli read title only proposed resolution amending James Pruitt's lease of a parcel the North Harbor Subdivision, entitled: A Resolution Providing for the Lease of Property in the Seward North Harbor Sub- division to James Pruitt City Manager stated the lease rental rate of 22 cents per square foot per year should be inserted in the lease agreement as attached to the resolution, stating it was the rate contained in the previous Pruitt lease as approved by Council. It was moved by Campbell, seconded by Potts and unanimously carried by all those present to approve Resolution No. 79-2 for the lease of property in the North Harbor Subdivision to James Pruitt at an initial cost of 22 cents per square foot per year. SEWAGE RES: TRTMT! 3. Copies being made available to the public, Hugli read by title only proposed resolution authorizing the City Manager to sign for Federal grants for sewer improvements, entitled: A Resolution Authorizing the City Manager to Sign for Grants on Behalf of the City of Seward City Manager stated he had received Council authority to apply for various governmental grants for sewage treatment improvement funds and the Environmental Protection Agency and Department of Environmental Conservation required the passage of a resolution authorizing him to apply and sign for the monies. It was moved by Potts, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 79-3. X. UNFINISHED BUSINESS: LOUISIANA PACIFIC: A. City Manager reported on the negotiations for a settlement of the balance due on the electrical generator as purchased by Louisiana Pacific (LP) in June of 1974. He stated according to correspondence on file, negotiations for paying off the generator were not initiated until August of 1976. At that time, letters indicated that the City Manager and Attorney had informed LP that they were agreeable to paying 8 percent interest on the unpaid balance with LP's monthly utility bills being used to amortize the loan, such a settlement to be presented to Council for approval. City Manager stated the monthly utility bill amortization had been presented to and approved by Council and since August of 1976 LP's utility bills were being written off against the unpaid balance of the generator. However, LOUISIANA PACIFIC: (cont'd) I TRAILERS: I I WATER DEPT: PAGE 295 REGULAR MEETING - JANUARY 8, 1979 VOLUME 18 X. UNFINISHED BUSINESS: (cont'd) he stated that the tentative agreement by the City administration to pay 8 percent interest had never been presented to Council. City Manager pro- posed to draft a contract whereby the City would pay interest from August 1, 1976, on the unpaid balance of $217,638.46, as of December 1978. He stated the amount could be paid either by funds currently available from the electrical utility, but, rather, recommended that the City present a bonding proposition to the voters and agree to pay LP the unpaid balance within 180 days providing that the bond issue passes. In answer to a question from Potts, City Manager clarified that he was recommending the payment of 8 percent interest from August 1, 1976, with interest accumulating on the declining balance and that the monthly, deduction of LP's electrical bills would continue. Following discussion, it was moved by Campbell, seconded by Soriano and carried as follows to authorize the City Manager to write the contract with the aforesaid-discussed guidelines to finalize this transaction: Ayes: Noes: Abstain: Absent: Campbell, Hugli, Soriano and Swartz None Potts Gillespie and Leer XI. NEW BUSINESS: A. City limits, Highway: The following items were noted regarding trailers within the specifically those parked at the Tesoro Station on the Seward September 17, 1973, letter from City Manager Filip to Gar Smith of Tesoro service station City of Seward "Camper Parking Permit" dated April 15, 1977, and April 27, 1978 May 2, 1975, letter from City Manager Filip to Garwin Smith of Star Tesoro May 12, 1975, letter from G.L. Smith of Star Tesoro to the Seward City Council June 17, 1975, letter from City Manager Filip to G.L. Smith, approving camper permit Seward City Code Chapter 21 - Trailers and Trailer Courts City Attorney stated that the current Code section restricting the location of trailers within the City had been drafted in the mid-1960s and since that time recreational campers had become more common. He recommended, with Council consent, that the City Code be amended to distinguish between trailers and campers based upon the type of occupancy and provide regulations for both. He stated a similar ordinance had been enacted in Valdez and Hugli requested that a copy of the Valdez ordinance be obtained for Council perusal. B. City Manager, with Council consent, requested that discussion of the CH2M Hill letter of December 27, 1978, regarding a proposed power plant study be postponed to later date. C. Trans-Alaska Engineering invoice dated January 3, 1979, in the amount of $54,450, for design of Seward water system improvements, was noted. Dick Lowman, Trans-Alaska Engineering, appeared from the audience and stated that design drawings would be presented for Council review and comments at the next Council meeting. City Manager recommended payment of the invoice. It was moved by Soriano, seconded by Potts and unanimously carried by all those present to authorize payment of $54,450 to Trans-Alaska Engineering for the statement of January 3, 1978, File No. 78-014, for Seward water system expansion. j (" \ PLANNING & ZONING: PLANNING & ZONING: ELECTRIC DEPT: HARBOR: ELECTRIC DEPT: WATER! ELECTRIC: STREETS! BAYVIEW ADDN: PAGE 296 REGULAR MEETING - JANUARY 8, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: A. Kenai Peninsula Borough Senior Planner Ottesen's letter dated December 21, 1978, regarding City of Seward Comprehensive Plan update, was noted. City Manager stated the Borough had asked for proposals and would hire a consultant to update the City's Comprehensive Plan so it would be in harmony with the zoning ordinance. B. Kenai Peninsula Borough Planning Director Waring's letter dated December 22, 1978, regarding proposed changes in the Borough Planning Commission's involvement in City zoning actions, was noted. C. City Manager stated he had compiled tentative figures for a bond issue for the electrical system expansion as recommended by CH2M Hill as follows: substation and four transformers additional storage yard repayment of LP generator $ 939,300 69,500 200,000 $1,208,800 He recommended Council authorize him to proceed with compilation of a bonding package to present to the voters within the next few months, noting that an increase in the electrical rates as unchanged since 1963 would be required in the approximate amount of 25 percent. Swartz voiced objection to the rate increase. In answer to a question from Hugli, City Manager stated the bonds, if approved by the voters, could not be sold until the City had received a contract with Chugach Electric Association for the supply of wholesale power. Following Council discussion, it was moved by Soriano, seconded by Campbell and carried as follows that the City Council give the City Manager the authority to pursue the bonding for $1,208,000 for electrical utility improvements: Ayes: Noes: Absent: Campbell, Hugli, Potts and Soriano Swartz Gillespie and Leer D. City Manager requested authority to expend approximately $2,400 for the purchase of nylon belts for the Marine Travelift. It was moved by Campbell, seconded by Potts and unanimously carried by all those present to approve the purchase of the belts for the Marine Travelift. E. City Manager distributed copies of the "City of Seward Electric Utility Department Tariff" draft as compiled by CH M Hill, dated January 8, 1979. He requested the Councilmembers review the ~ocument and it would be discussed at a later work session. F. City Manager called Council's attention to item 4. on the consent calendar and stated the amount approved for payment should have been $7,707.14 instead of $5,856.60 due to the fact that the City had im- properly withheld 10 percent from previous invoices on this project. It was moved by Hugli, seconded by Campbell and unanimously carried by all those present to approve the payment of $7,707.14 for Invoice No. 9616 to CH2M Hill for the low-head hydroelectric project. G. City Manager explained that during the street paving project in the Bayview Addition area, the City found it necessary to acquire 10 and 20 foot right-of-ways from Herman Leirer along First Avenue, Bear Drive and Resurrection Boulevard. Admin. Asst. displayed a vicinity map showing the right-of-ways as dedicated by Leirer. City Manager requested authority to accept the right-of-ways and to then proceed to file a replat of the area with the Borough and record the deed of the land to the City of Seward; it was so moved by Campbell, seconded by Soriano and unanimously carried by all those present. PAGE 297 REGULAR MEETING - JANUARY 8, 1979 VOLUME 18 XIII. COUNCIL DISCUSSION: A. City Manager stated he would present Price Waterhouse's audit proposal for fiscal year 1978-79 at the next Council meeting. B. City Manager, with Council consent, requested that the regularly scheduled Council meeting of February 12 be rescheduled to February 5 and that he be given permission to take a 30-day vacation starting February 7. Campbell and Potts asked to be excused from the February 5 I meeting. Swartz requested to be excused from January 15-31. C. Swartz stated she had received a citizen complaint regarding dogs running loose on Second Avenue. D. In answer to a question from Campbell, City Manager stated he would have a representative of the Teen Center present at the next Council meeting in order to give a progress report. E. Potts stated he would be traveling to Obihiro, Japan, in the near future and asked if the City wanted to send a gift with him for presenta- tion to Seward's Sister City. City Manager asked Potts to contact him and something would be arranged. XIV. CITIZENS' DISCUSSION: No one appeared from the audience at this time in order to be heard. XV. ADJOURNMENT: I ,r(l"'..J'~- n ~",' _/me ~meetihg "W~(, adj ourned /,;" -'. ".>........ . ' ,-' r_ . f- t, ~ ecE. Shanley Ci~rk-Treas urer '(~\' Sea!'). at 10: 58 p. m. " ., ~ ./ (City ----------------------------------------------------------------------------- PAGE 297 SPECIAL MEETING - JANUARY 18, 1979 VOLUME 18 1. CALL TO ORDER: The January 18, 1979, special meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Hugli. Hugli noted a quorum was not present; therefore, no official action could be taken until another Councilmember arrived. II. OPENING CEREMONY: I Councilmember Potts led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Hugli; Councilmembers *Campbell, *Gillespie, Potts and Soriano (Absent, with Council consent, were Leer and Swartz) Present also: City Manager Johnson, Admin. Asst. Schaefermeyer and City Clerk-Treasurer Shanley 01\ ') I" PAGE 298 SPECIAL MEETING - JANUARY 18, 1979 VOLUME 18 IV. SPECIAL ITEMS: C COUNCIL: A. Potts, Chairman of the Public Relations Ad Hoc Committee, referred to the "City of Seward Ad Hoc Committee Report to City Council" dated January 8, 1979, and specifically noted the summary recommendations as contained therein as Section 6.0 Summary. He voiced disappointment at the low turnout of interested citizens attending the meeting. City Manager reported on the recommendations made by the Com- mittee which were currently being addressed by the administration. He stated there was a possibility of the City receiving Coastal Energy Impact Program (CEIP) funding in the future in order to conduct a harbor develop- ment study. Further, he commented on the administration's involvement in promotipg Seward as a base for the bottom fishing industry but stated one of the major stumbling blocks was that the Seward fishermen were n04 and apparently had no intention of, organizing as a cohesive group. *GILLESPIE AND CAMPBELL ARRIVED AT THIS TIME AND HEREAFTER TOOK PART IN THE MEETING. * * * Hugli, with Council consent, requested tha4 due to the probable lengthy discussion on the Ad Hoc report, other matters to come before Council be presented at this time. * * * SCHOOLS: B. City Manager, with Council consent, requested approval to forward a telegram to Governor Hammond in support of the appointment of Donis Thompson to the University of Alaska Board of Regents. BUDGET: C. City Manager distributed and spoke briefly on the City budget report for the six month period ending December 31, 1978. C ATTORNEY: D. Hugli noted that Council needed to officially appoint a legal representative for the City due to the departure of Ranald Jarrell from the firm of Hughes, Thorsness, Gantz, Powell and Brundin in order to join Cranston, Walters, Dahl and Jarrell. Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried by all those present to engage the firm of Cranston, Walters, Dahl and Jarrell as City Attorney with the instruction that this firm use the local legal services in Seward to the greatest extent possible and with the stipulation that Fred Arvidson of Hughes, Thorsness, Gantz, Powell and Brundin will continue to do all the City's labor relations work. C COUNCIL: (cont'd) A. (Continued discussion of the Public Relations Ad Hoc Committee Report dated January 8, 1979) Campbell stated that Council should be aware that support and institution of some of the recommendations as listed in the report would necessarily mean budget allocations and Council should be ready to make a commitment of that funding if they wished to proceed with discussion of the report. Committee Recommendation 2-1 - "We feel that should a further study of dock costs be warranted, that it be done by professionals. " Potts stated members of the Ad Hoc Committee had met individually with representatives of The Alaska Railroad (ARR), Northern Stevedoring and Handling Corporation (NSHC) and the International Longshoremen and Warehouse- men's Union (ILWU) regarding the excessive costs of cargo going over the ARR dock. He stated the Committee's next proposed step was to schedule a joint meeting of the three entities; however, the members had decided that no one on the Committee had the expertise to ask the proper questions nor was qualified to keep what was expected to be a heated meeting headed in a positive direction. Therefore, the Committee had recommended a professional continue with the investigation. Gillespie stated nothing would be lost if Council initially tried to proceed with the investigation of the overall ARR dock operations and then, if a satisfactory resolution was not reached, the City could employ a professional consultant. Campbell stated the ARR, NSHC and the ILWU should be queried as to whether they would cooperate with a C COUNCIL: (cont'd) I I I PAGE 299 SPECIAL MEETING - JANUARY 18, 1979 VOLUME 18 or f IV. SPECIAL ITEMS: (cont'd) professional consultant; if not, the City would be wasting its time and money. Hugli remarked that public pressure should be brought to bear on the three entities to force them to lower their rates so charges at the ARR dock would be competitive. Brent Whitmore appeared from the audience and stated that the ARR dock billing information as contained in the Ad Hoc Report pointed to inefficiency on the part of all three entities and stated that the solution was in a single entity operation. Gillespie spoke on the need for a local tariff to be adopted by shippers coming into Seward in order to allow a lesser rate for freight with its final destination as Seward than cargo continuing by truck or rail to the other side of the Peninsula or to Anchorage. He further stated that the City, while asking the ARR, NSHC and the ILWU to lower their rates, should also consider lowing its rates for water going across the dock. Val Anderson, member of the Ad Hoc Committee and of the ILWU, appeared from the audience and stated that in his work with the Committee the dock charges had been investigated and $6 an hour remained unaccountable on the invoices the ARR forwarded to the shippers. Following discussion, Gillespie, with Council consent, suggested that representatives of the ARR, NSHC and the ILWU be invited to attend a private meeting with the Council and Ad Hoc Committee regarding dock charges and if no satisfactory conclusion was reached a professional would be hired to continue the investigation. In answer to a question from Potts, Hugli stated copies of the Ad Hoc Committee Report should be forwarded to repre- sentatives of the ARR, NSHC and the ILWU in advance of the meeting. Potts recommended that Council schedule a work session prior to the joint meeting in order to organize the questions to be asked and topics to be addressed. Committee Recommendation 2-4 - "We recommend the City investigate a different management system; i.e., an elected port commission, a port authority, a port management system, etc. Concurrently, we recommend a study of the port management systems of small towns and ports." In answer to a question from Willard Dunham, City Manager stated he was not in favor of an elected port authority and if such was to be instituted in Seward, the City Charter would have to be amended. He stated he supported Council investigating the employment of a Port Manager and spoke on what he viewed such an individual's duties would be. Committee Recommendation 2-5 - "The Ad Hoc Committee supports the Harbor Commission recommendation of July 19, 1978, that the City re-evaluate the port water rates toward a more competitive schedule." Hugli explained the reason behind Council action in January of 1977 to increase the rates for water going across the dock to mud boats which were using Seward as a supply base at that time. Hugli stated the solution to the problem was the installation of meters. Potts commented that in addition to the City's fee, the ARR was adding another 30 percent to the minimum charge for up to 100,000 gallons of water. Committee Recommendation 3-1, 3-2, 3-3 and 3-4 - all regarding fisheries and, especially, bottom fisheries Willard Dunham appeared from the audience and spoke against the newly-amended allowable size for tanner crab catches in the Gulf of Alaska as enacted by the Alaska Board of Fisheries. He stated the size restriction changed from 5 to 5 1/4 inches had the effect of eliminating the Gulf's tanner crab fishery. Hugli, with Council consent, directed the City Manager to draft a resolution requesting the Alaska Board of Fisheries to reopen the size limit regulations in the Gulf of Alaska area for tanner crab from 5 1/4 to 5 inches. '} i " ,}\ ' PAGE 300 SPECIAL MEETING - JANUARY 18, 1979 VOLUME 18 IV. SPECIAL ITEMS: (cont'd) C COUNCIL: (cont'd) Soriano, with Council consent, suggested the administration contact the foreign consulates with offices in Anchorage to inform them of Seward's interest in meeting with their countrys' representatives regarding bottom fisheries. Committee Recommendation 4-2 and 4-3 - regarding the publication of articles and advertisements in marine-related periodicals Potts stated it was the feeling of the Committee that the Chamber of Commerce's main function was to promote Seward and, thus, the Chamber should become more involved in the Committee work, including the financial aspect. Committee Recommendation 6-1 - "We recommend that there be verbal presenta- tions of the Harbor Commission, the Planning and Zoning Commission, and the Ad Hoc Committee at each City Council meeting at which time all commission recommendations to Council will become agenda items." City Clerk stated that it was administrative policy that an official recommendation made by a Commission in the form of a motion or Commission consensus would be placed on the forthcoming Council agenda for discussion. Committee Recommendation 6-2 - "We recommend that a study of the airport facilities and improvements needed at the airport be made." City Manager reported that the Seward airport was a State owned and operated facility and commented that it appeared the State would be more than happy to give the City the facility. He stated he did not feel the City wanted the responsibility of the airport, therefore, any recommendations on its operation must be made very tactfully. Committee Recommendation 6-3 - "We recommend that there be a further investi- gation of the recreational potential and development of recreational facilities in the Seward area." City Manager commented on the 7th Avenue greenbelt design study currently being conducted by CH2M Hill. He stated Council had appointed a committee to investigate the future potential of the Jesse Lee Home site, however the committee had not held a meeting to date. Committee Recommendation 6-4 - "We recommend that if Council wants to continue with the Ad Hoc Committee it needs a new name, a post office box, business cards, letterhead, filing cabinet, and a budget for secretarial services and related expenses." Potts questioned if Council was in favor of the Public Relations Ad Hoc Committee continuing to function and, if so, to whom the Committee would report; he stated he felt it should not be the City Manager. Gillespie questioned the need for the Committee if two of the Committee's recommendations were instituted, i.e. the hiring of a Port Manager and the Chamber of Commerce taking action to employ a full time Executive Director. City Manager stated until a budget could be prepared for the Committee, he would see to it that secretarial services would be made available. Val Anderson suggested that the Ad Hoc Committee be temporarily relieved of its duties for a period of approximately three months while Council had a opportunity to further review and act upon the recommendations as submitted in the report. Hugli, with Council consent, agreed with Anderson's suggestion. ,~ v. ",\r? '",' !i' T: '., ",~ "'" ~ ,. /" ,'",?~' O(l,I~<r/\ / ,; :, The fiiej.tln /i' ~.'. -OJ ".. ",1 . ri adjourned at 10:48 p.m. , ~ ~ ~/. ' RaymO~~1i ~ Mayor I I ABC B: ABC B: LOC ORGS: LOG ORGS: I PAGE 301 REGULAR MEETING - JANUARY 22, 1979 VOLUME 18 1. CALL TO ORDER: The January 22, 1979, regular meeting of the Seward City Council was called to order at 7:33 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 and Soriano (Absent, with Council consent, were Leer, Potts and Swartz) Present also: City Manager Johnson, City Attorney Jarrell, Admin. Asst. Schaefermeyer and City Clerk-Treasurer Shanley IV. APPROVAL OF MINUTES: carried by January 8, It was moved by Campbell, seconded by Soriano and unanimously all those present to approve the regular meeting minutes of 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that a verbal report from Tom Small of CH2M Hill on the draft electrical utility tariff and the proposed new electrical substation be added as item C. under VIII. Citizens' Discussion. Further, he noted the information he had distributed to the Councilmembers regarding the City water system improvements project as compiled by Trans- Alaska Engineering and URS Company; he stated the documents would be scheduled for discussion at the Council meeting of February 5, 1979. It was moved by Gillespie, 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: 1. January 2, 1979, letter from the Alcoholic Beverage Control Board, noticing of beverage dispensary liquor license renewal application for the Harbor Dinner Club was filed without comment. 2. Application for beverage dispensary liquor license renewal for The Pit as received by the Alcoholic Beverage Control Board on December 27, 1978, was filed without comment. 3. "Application for Permit for Authorized Games of Chance and Skill" for 1979 as submitted by Sacred Heart Parish was approved for the Mayor's signature. 4. "Application for Permit for Authorized Games of Chance and Skill" for 1979 as submitted by Wm. H. Seward Elementary School was approved for the Mayor's signature. LOUISIANA PACIFIC: 5. January 12, 1979, "Public Notice" from the Corps of Engineers regarding application from Kenai Lumber Company to establish two log storage and transfer sites on the south side of LaTouche Island in Montague Strait was filed without comment. CENSUS: 6. January 10, 1979, letter from State Dept. of Community and Regional Affairs Commissioner McAnerney certifying Seward's population at 2130 was filed without comment. ,,\), ' AK, ST: PAGE 302 REGULAR MEETING - JANUARY 22, 1979 VOLUME 18 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) 7. January 11, 1979, letter from State Dept. of Revenue Petroleum Property Assessor Heier establishing average per capita full and true value of assessed property in the State at $47,342 as of January 1, 1979, was noted for information and filed. FIRE DEPT/ 4TH OF JULY CREEK AREA! SEWAGE TRTMT/ C ATTORNEY! WATER DEPT: ORIGINAL TOWNSITE/ BUILDING DEPT: WATERFRONT TRACTS: 8. Arctic Environmental Engineers' invoices for professional services were approved for payment as follows: Invoice Pro;ect Amount 00579 Seward Fire Station improvements $ 1,129.25 01079 4th of July Creek feasibility study 23,330.00 00779 Sewage treatment facility 1,473.08 00879 Engineering Science of Alaska l~ suit 465.00 00679 Water system improvements 2,727.69 TOTAL $ 29,125.02 VI. BOROUGH ASSEMBLY REPORT: Councilmember Campbell gave a verbal report on the Kenai Peninsula Borough Assembly meeting of January 16, 1979. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: A. Iris Johnson appeared from the audience and read in full her letter dated January 18, 1979, regarding the proposed construction of steps on the City right-of-way east of Lot l8A, Block 32, Original Townsite, in order to provide access from Ballaine Boulevard to her property which was of a substantially higher grade than the road. Johnson also submitted a picture and vicinity map of the subject area. Gillespie spoke in favor of Council allowing a special exception to its prohibition of construction on City property for cases such as Johnson's when, due to varying grades of the street level and an adjacent lot, there was an obvious need for pro- viding access between the two levels. City Manager stated he was of the opinion that it would be legitimate to allow people to build steps into a bank but not to construct a platform out onto the City right-of-way and he was under the impression that the later was Johnson's plan. Johnson stated she would be willing to amend her building plans in that regard. Following discussion, Hugli, with Council consent, directed Johnson to contact the City Manager to work out a solution to the problem whereby steps could be constructed which would be agreeable to both parties. Upon the request of Gillespie, City Manager stated the building permit would specify that the steps would be approved as a temporary structure only, therefore, would have to be removed at the owner's expense in the future if the City so ordered. B. Bill Allen, Director of the Johnson-O'Malley Committee and the Seward Youth Development Center, appeared from the audience and gave a verbal report on the progress of renovation of the building on Tract 2, Seward Waterfront Tracts, which the City had leased to tpe Committee for the purpose of a youth center. He stated new electrical and plumbing services had been installed and the building had been remodeled to accommodate a large multi-purpose area as well as smaller rooms, some of which were to be used for an office, a library and a photographic dark room. Campbell voiced concern that Allen had not previously presented a report to Council, stating this was the first since the lease had been signed the previous summer. Further, he stated that due to the past negative history of a youth center operation in Seward, the Council had made a stipulation in transferring the building to the Center that a parent's advisory board would be formed which would consist of non-native as well as native parents and the board would oversee and advise the director on the operation of the center which was to serve all youth of the area regardless of ethnic background. Allen stated he had not been made aware of that stipulation when he took over the director- ship of the Center in August of 1978 and his primary goal had been to first get the building ready for opening to the public, which was planned within the next few weeks. He stated upon receiving Council direction he would WATER- FRONT TRACTS: (cont'd) I ELECTRIC DEPT: I PAGE 303 REGULAR MEETING - JANUARY 22, 1979 VOLUME 18 VIII. CITIZENS' DISCUSSION: (cont'd) immediately commit himself to the formation of the requested advisory board, as well as a youth advisory board. Campbell stated that the success of the Center depended upon broad community input and a cohesive, active advisory board. Following discussion, Hugli, with Council consent, directed the administration to forward copies of the Council minutes and various letters the City had received from the Johnson-O'Malley Parent Committee regarding operation of the Center to Allen for his information. Campbell, with Council consent, requested that Allen report his progress with organizing and meet~ng with a parent committee at the Council meeting of February 26, 1979. C. Tom Small of the engineering firm CH2M Hill appeared from the audience and gave a verbal report on the draft revision of the Electrical Utility Tariff as distributed to Council at its meeting of January 8; he stated the revisions represented a clarification and simplification of the previous document. City Manager confirmed that a resolution approving the amended Tariff would be presented for Council action at the February 5 meeting. Small also reported on the proposed new electrical substation and posted a map entitled "Preliminary Substation Plan" dated January 16, 1979. He stated his firm was well into the design phase of the substation and urged the City to proceed with the background work necessary to present a bonding proposition to the electorate and make issuance of the bonds subject to finalization of an agreement with Chugach Electric Association (CEA) for the supply of wholesale power to the City of Seward. He stated the substation should be constructed and in operation by next fall. Small reported that in discussions with CEA representatives it was unclear as to who owned the transformers at the Mile 7 substation but recommended that if it was found that the City had any financial interest in the equipment that they use them at the new substation even though they did not have the capacity of the trans- formers he would recommend the City purchase if need be. In conclusion, Small stated the City had submitted an application to receive 8 megawatts of power from the Federal hydroelectric power plant at Eklutna. City Attorney gave Council a brief report on the procedure which must be followed in presenting a bond issue to the public, including retention of an independent bond counseL Hugli reported on the meeting City representatives had had with CEA representatives and stated he felt positive results came out of the discussions and, further, that an agreement would be signed in the near future and a substantial increase in wholesale power rates was to be expected. City Manager commented that one of the apparent points of dissension between the City and CEA was caused by the fact that the City was purchasing wholesale power from CEA and selling it retail for less than CEA was distributing retail power to its customers. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: POLICE DEPT! 1. Copies being made available to the public, Hugli read by ORDS: title only proposed ordinance regarding transient merchants, entitled: I An Ordinance Relating to Transient Merchants, Amending Section 16-7 of the Seward City Code and Creating New Sections Thereof "Notice of Public Hearing on Proposed Transient Merchant Ordinance" as published two times in the local newspaper and posted, 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 Campbell, seconded by Soriano and unanimously carried by all those present to enact Ordinance No. 466. C. Resolutions: None ~u ~ ELECTRIC DEPT: BUDGET: BUILDING DEPT: PAGE 304 REGULAR MEETING - JANUARY 22, 1979 VOLUME 18 X. UNFINISHED BUSINESS: A. CH2M Hill letter of December 27, 1978, regarding proposed power plant study, was noted. Tom Small of CH2M Hill appeared and stated it was his firm's recommendation that such a study be held in abeyance at the present time because such a plant would not be feasible unless the City had a major industrial customer. XI. NEW BUSINESS: A. Price Waterhouse and Company letter dated January 11, 1979, proposing to conduct 1978-79 audit of the City's books at $11,500, was noted. City Manager recommended approval of Price Waterhouse's proposal. It was moved by Soriano, seconded by Campbell and unanimously carried by all those present to retain Price Waterhouse and Company to do the City's accounts for another year at a price not to exceed $11,500. XII. CITY MANAGER REPORTS: A. City Manager stated that at the recent meeting with Chugach Electric Association representatives the problem with the stray currents in the Bear Creek area had been discussed and CEA employees were currently in Seward investigating the problem with the intention of filing a report tomorrow. XIII. COUNCIL DISCUSSION: A. Campbell stated recently a man representing himself as a State plumbing inspector had appeared at the hospital. Campbell questioned if the provisions relative to plumbing as contained in the City Code were in com- pliance with State Statutes and, further, if local plumbing contractors were in compliance with all State regulations and had acquired any required licenses. City Manager stated the administration would investigate the matter. B. Campbell requested to be excused from the February 5 Council meeting. C. In answer to a question from Gillespie, Beverly Dunham appeared from the audience and spoke on plans for the renovation of the Marshall house which had been removed from its location in Block 14 of the Original Townsite in order to prevent its demolition. She stated the Governor had not allocated historical site rehabilitation funds for the coming year and the future of the State program was not favorable. Further, she stated Federal funds were not available because such funds were specifically earmarked for structures which had not been removed from their original site. Dunham stated a site had not yet been found for relocation of the house; however, once a site was found the Forest Service, YACC employees, had stated they were still willing to donate the labor needed if the materials for renovation were furnished. She stated she would contact various local organizations to see if any would take up the project. HARBOR COMSN! D. Memo dated January 15, 1979, from City Clerk to the Mayor and P & Z COMSN:Council regarding vacancies on the Planning and Zoning Commission and the Harbor Commission, was noted. It was noted that as of February the three years terms of Planning and Zoning Commissioners Daniel Keyes, Herman Leirer and Raymond Olson expired; the two year terms of Harbor Commissioners Robert Clasby, David Hudspeth, Terry McCarty and Julie Renwick also expired in February. City Clerk confirmed that all Commissioners whose terms expired had voiced an interest in being reappointed. It was moved by Campbell, seconded by Soriano and unanimously carried by all those present to reappoint the current Cowmissioners for an additional term. S B H: XIV. CITIZENS' DISCUSSION: A. Martin Goresen appeared from the audience and voiced objection to the current moorage agreement which had to be signed in order to obtain a slip in the Small Boat Harbor. He stated the wording in the agreement would allow Harbor personnel to take action regarding his boat in emergency situations without his permission and, thus, would make the City liable under all cir- cumstances for what happened to his boat while it was in the harbor. City Attorney stated such wording which cont(lined a "confession of judgment" statement was a fairly common provision used when it is difficult to find a person who might at some future date incur an obligation. City Manager stated the S B H: I I I '" ' PAGE 305 REGULAR MEETING - JANUARY 22, 1979 VOLUME 18 XIV. CITIZENS' DISCUSSION: (cont'd) wording as contained on the moorage agreement remained as it was years ago. Following discussion, Hugli, with Council consent, directed the City Manager to obtain copies of other harbors' moorage agreements and a report on how effective they were, to be presented to and reviewed by Council at its next meeting. Goresen also spoke against the harbor policy of allowing another boat to tie up in a slip when the main occupant was absent and collecting for that use when the main occupant had paid a yearly rate. City Manager stated such use was a matter of State policy to provide maximum utilization of the facilities and stated a harbor patron,paid only for preferential moorage while in the harbor, not exclusive berthing rights to a particular slip. XV. ADJOURNMENT: adjourned at 9:25 p.m. ) ~" Ray~{nd . Hu~li Mayor I C /Ii ~/ L PAGE 305 REGULAR MEETING - FEBRUARY 5, 1979 VOLUME 18 I. CALL TO ORDER: The regular meeting of the Seward City Council scheduled for February 5, 1979, was called to order at 7:34 p.m. by Mayor Hugli. It was noted that the required public notice had been given of the amended meeting date, originally scheduled for February 12. 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, 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 by all those present to approve the special meeting minutes of January 18, 1979, and the regular meeting minutes of January 22, 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following item be added to the consent calendar: 8. Trans-Alaska Engineering invoice dated February 5, 1979, in the amount of $31,500 for Seward Water System Improvements project -- ,'~ j ! ~ ; COMPTROLLER ABC B: ABC B: C ENGINEER: WATER! PKS & REC! ELECTRIC DEPT: C ATTORNEY: COMPTROLLER/: ELECTIONS: PAGE 306 REGULAR MEETING - FEBRUARY 5, 1979 VOLUME 18 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) City Manager requested that the following items be added to the regular meeting agenda: VIII. Citizens' Discussion: A. Trans-Alaska Engineering status report on the Seward Water System Improvements project XIII. Council Discussion: F. Resignation of Harbor Commissioner Robert Clasby G. Letter of resignation of City Clerk-Treasurer Shanley XII. City Manager Reports: B. Lease and Dock License Agreement with the State of Alaska for fiscal year 1979-80 C. Mini Mall "Application for 'Restaurant Designa- tion' for Minors on Premises" It was moved by Soriano, seconded by Potts and unanimously carried by all those present to approve the consent calendar and regular meeting agenda as amended and the following actions were taken: 1. Comptroller's list of Accounts Payable for December 1978, totaling $183,829.16, was approved for payment and filed. 2. January 22, 1979, letter from the Alcoholic Beverage Control Board, noticing of the renewal application for a restaurant liquor license for the Mini Mall, was noted and filed without objection. 3. January 30, 1979, letter from the Alcoholic Beverage Control Board, noticing of renewal liquor license applications for the following, was noted and filed without objection: Beverage Dispensary - Dorothy's Cocktail Lounge Pioneer Bar Thorns Showcase Lounge Tonys Bar Yukon Bar Restaurant - Pizza Apollo Retail - Pioneer Liquor Store Tonys Liquor Store 4. Arctic Environmental Engineers Invoice No. 00979 dated January 10, 1979, for engineering support services for various projects for August - December 1978, totaling $447.50, was approved for payment and filed. 5. CH2M Hill invoices for professional services were approved for payment as follows: Invoice 9635 9643 9650 9658 Subj ect Lowell Creek hydro-electric study 7th Avenue Greenbelt study Electric Dept. - General Electric Dept. - Imp.rovements Amount 3,918.93 5,046.98 1,078.50 13,776.21 23,820.62 $ $ 6. Hughes, Thorsness, Gantz, Powell & Brundin January 29, 1979, invoice for legal services rendered for December 1978, totaling $2,437.19, was approved for payment and filed. 7. City Attorney Jarrell's letter dated January 17, 1979, regarding the procedure to be followed for the issuance of bonds, was noted for information and filed. '; PAGE 307 REGULAR MEETING - FEBRUARY 5, 1979 VOLilllE 18 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) WATER DEPT: 8. Trans-Alaska Engineering invoice dated February 5, 1979, in the amount of $31,500 for Seward Water System Improve- ments project, was approved for payment and filed. VI. BOROUGH ASSEMBLY REPORT: None VII. PUBLIC HEARING: I HOSPITAL: A. Public hearing was opened on the proposed lease renewal of City-owned Lots 14-18, Marathon Addition, to the Seward General Hospital Association and the following items were noted: "Notice of Public Hearing" as published two times in the local newspaper City Attorney Jarrell's letter of January 25, 1979, setting forth proposed changes in the 1969 lease, expiring February 8, 1979 "Seward General Hospital Lease" proposed for the ten year period 1979-1989 "Long Term Lease" between the City and Hospital Association, dated February 9, 1969 I City Attorney commented on the proposed lease, stating it followed the terms of the 1969 document except in a few areas, including an increase in the amount of public liability insurance required and that the City was to be designated as a "named insured" on the policy. He further stated the new lease document more fully clarified the City's responsibilities for snow removal and sanding of specific areas of the hospital parking lot. In answer to a question from Potts, City Attorney stated no additional liability would be incurred by the City due to the fact that the current lease expired February 8 and the new lease could not be approved until approximately March 28. Following discussion, City Manager stated a resolution approving the ten year lease of Lots 14-18, Marathon Addition, to the Hospital Association would be presented for Council action on February 26, 1979. 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: EI;ECTRIC DEPT/RES: 1. Copies being made available to the public, Hugli read by title only proposed resolution amending the City electrical tariff, entitled: A Resolution Amending Resolution No. 78-36, Adopting an Electrical Tariff for the City of Seward, Alaska I Admin. Asst. called Council's attention to minor changes which had been made in the Tariff as received by the members in their agenda packets; the City Clerk so noted the amendments. It was moved by Gillespie, seconded by Potts and unanimously carried by all those present to approve Resolution No. 79-4. "-. \(' ,";:,"J .. LOUISIANA PACIFIC: PROC: PAGE 308 REGULAR MEETING - FEBRUARY 5, 1979 VOLUME 18 X. UNFINISHED BUSINESS: A. City Manager distributed an amended draft of the "Generator Purchase Agreement" proposed to be entered into by the City of Seward and Louisiana Pacific Corporation (Kenai Lumber Company) for settlement of the balance the City would agree to pay LP for the electrical generator purchased in 1974. Following discussion, at the City Manager's recommendation, it was moved by Gillespie, seconded by Soriano and carried as follows to authorize the City Manager to sign the Agreement at a sum not to exceed $217,638.46: Ayes: Noes: Absent: Abstain: Gillespie, Hugli, Soriano and Swartz None Campbell and Leer Potts Potts noted that approval of the contract had not yet been received by his superiors with Louisiana Pacific. PROCLAMATION: At the Mayor's request, City Clerk read in full proclamation declaring February 9, 1979, as Pioneer King and Queen Regent Day. VIII. CITIZENS' DISCUSSION: (Taken out of order by Mayor, with Council consent.) WATER DEPT: A. Richard Lowman, Trans-Alaska Engineering, appeared from the audience and displayed maps and gave a verbal status report on the Seward Water System Improvements project his firm was conducting for the City pursuant to award of a Coastal Energy Impact Program grant. He introduced Paul Gilligan, Senior Sanitary Engineer with URS Company, and Bob Casne, Electrical Engineering with Engineered Electrical Systems, project consultants. ORIGINAL TOWNS ITE: XI. NEW BUSINESS: A. January 31, 1979, memorandum from the City Manager regarding the less than one foot encroachment of the Huss Dental Clinic onto the public right-of-way adjacent to Lot 21, Block 23, Original Townsite, was noted. The memorandum included an administrative recommendation that Council approve a motion guaranteeing no action would be taken against the building encroachment for the life of the loan or the useable life of the structure, whichever termin- ated first. An as-built survey showing the manner in which the structure was situated on the lot, as well as a portion of the City Council meeting minutes of July 12 and October 26, 1976, at which time Council approved taking no action against similar minimal encroachments, were also noted. In answer to a question from Gillespie, Dr. Warren Huss appeared from the audience and stated the concrete slab on Lot 22 had recently been poured to provide a parking area for his clientele. After completion, it had been discovered that the south-west corner of the slab also encroached a few inches onto Fourth Avenue. Huss stated if Council so directed he would remove the encroachment. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to follow the City Manager's recommendation to allow the encroachment for the length of the loan or the useable life of the structure, whichever came first. XII. CITY MANAGER REPORTS: A. City Attorney reported on the affect of the State plumbing inspector and regulations on local plumbing activities. He commented that plumbers operating within the State were now required to obtain a "Certificate of Fitness" from the State Department of Labor and it was the State's res- ponsibility, not the City's, to see that plumbers obtained the required Certificate. B. City Manager stated Senator Mike Gravel would be in Seward the evening of February 14 and the day of February 15 and a representative of his office had asked if the Council would be interested in sponsoring a no-host dinner for the Senator the evening of February 14; there were no objections. C MANAGER: C. City Manager stated he was leaving for a vacation the following day and recommended that Admin. Asst. Darryl Schaefermeyer be appointed Acting City Manager during his absence. It was moved by Swartz, seconded by Gillespie and unanimously carried by all those present that Darryl Schaefermeyer be appointed Acting City Manager in the absence of the City Manager. PAGE 309 REGULAR MEETING - FEBRUARY 5, 1979 VOLUME 18 " J XII. CITY MANAGER REPORTS: (cont'd) AK, ST. OF: D. City Manager stated he had received a request from the State Department of Fish and Game to amend their Facility Lease Agreement with the City of Seward dated May 26, 1978, for construction of a fish weir at the north end of the Seward lagoon. He reported that the State requested approval to construct an additional culvert under Government Hill Road to connect Dairy Creek with the north end of the lagoon and, further, the Department asked that awarding of the construction contract of the fish facility be determined to meet the Lease Agreement requirment for commence- ment of construction by May 26, 1979. City Manager also remarked that a representative of the Department had verbally assured him that the project would be completed by September 15, 1979. Gillespie voiced concern that the City should not waive the agreed-upon construction start-up date without replacing it with another. Following discussion, it was moved by Gillespie, seconded by Soriano and unanimously carried by all those present to allow Fish and Game to put an additional culvert east of the existing culvert and l07aive the Hay 26, 1979, start-up date, to be replaced with July 26, 1979. I WATERFRONT TRACTS: E. "Lease and Dock License Agreement" between the City and the State for preferential berthing at the 4th Avenue dock and terminal rental for the ferry system, was noted. City Manager stated he recommended the Council approve the proposed lease agreement for fiscal year 1979-80, which agreement contained the same provisions as the previous year's lease but added a 10 percent increase in the rental rates. Following discussion, it was moved by Potts, seconded by Gillespie and unanimously carried by all those present to approve the "Lease and Dock License Agreement" with the State of Alaska in the amount of $21,670. STREETS,RDS, F. City Manager stated he needed permission to enter into a HWYS/ELEC contract with the State of Alaska for relocation of the electrical power DEPT: line at Mile 18. He reported the State had estimated the project costs at $152,893; however, the City would be acting as the contracting agent on the project and he felt the costs could be kept within the funded amount of $140,000. It was moved by Soriano, seconded by Swartz and unanimously carried by all those I present to authorize the City Manager to enter into a contract with the State for relocating the electrical power lines at Mile 13 of the Seward Highway. PKS & REC: G. City Manager distributed letter dated February 1, 1979, from the National Park Service, Planner Don Follows, regard-Lng the location of a support services base for the Kenai Fjords National Monument and requesting copies of any reference documents which might help the agency in determining if Seward would be the proper location for such a base. Gillespie stated that although the Councilmembers had not always agreed with Follows in the past, he hoped the administration would cooperate with the Park Service and do all within their power to see that Seward was seriously considered for the base site. ABC B: H. "Application for 'Restaurant Designation' for l1inors on Premises" dated January 10, 1979, for the Mini Mall restaurant, was noted. It was moved by Potts, seconded by Gillespie and unanimously carried by all those present to give the Mayor the power to sign the Restaurant Designation Application for the Mini Mall. TRAILERS: I XIII. COUNCIL DISCUSSION: A. January 16, 1979, letter from City Attorney Jacobus and attached portion of the Valdez City Code entitled "Trailers and Trailer Courts", was noted. City Manager stated he felt the ordinance was basically sound and included adequate language to distinguish temporary camping from permanent trailer parking. With Council consent, City Manager recommended the subject be continued to March 26, 1979, at at that time he would present Council with an draft trailer ordinance for discussion. C COUNCIL: B. Public Relations Ad Hoc Committee member Blower's letter received January 25, 1979, regarding continuing public relations activities, was noted. City Manager stated the letter was presented for Council information only and he would take care of the continuing interim projects until the Council deter- mined the future of the Committee. LEG REPS: HARBOR COMSN: HARBOR COMSN: CC-T: PAGE 310 REGULAR MEETING - FEBRUARY 5, 1979 VOLUME 18 XIII. COUNCIL DISCUSSION: (cont'd) C. January 29, 1979, letter from State Representative Branson regarding vacancies on State boards and commissions, was noted. City Manager stated if Council had any names to submit to let him know and he would see that they were forwarded to Branson. Further, he commented the newspaper might be interested in publishing the list of committee vacancies. D. The Harbor Commission meeting minutes of January 24, 1979, were noted, specifically the Commission's recommendation that the Harbor Master's building hours continue at 8:00 a.m. to 5:00 p.m. Potts requested the administration prepare a detailed analysis of what it cost for the City to keep the building open on a per hour basis and how much would have to be charged per shower to cover those costs. City Manager agreed to provide some cost figures for the March 26 Council meeting. Soriano stated that regardless of the costs, the people which had requested that the Harbor Master's building be kept open in the evening in order to allow them to use the shower facilities, were not residents of the City, neither did they own boats in the harbor. Following discussion, it was moved by Swartz, seconded by Soriano and unanimously carried by all those present to approve the recommendation of the Harbor Commission regarding the hours of the Harbor Master's building. E. City Manager reported that the Harbor Commission had directed him to secure moorage agreements from other harbors as follow-up to Martin Goresen's complaint regarding the language used on Seward's moorage agreement. He stated the moorage agreements would be presented for discussion at the next Harbor Commission meeting and he would have a recommendation to submit to Council at its March 12 meeting. F. City Manager reported that Robert Clasby had resigned from the Harbor Commission. Hugli, with Council consent, directed the City Clerk to advertise the vacancy. G. February 5, 1979, letter of resignation from City Clerk- Treasurer Shanley, was noted. City Manager recommended that the salary range for advertising purposes be set at Range 20A. Gillespie recommended that a college degree in Business Administration or a related field be required. Hugli, with Council consent, directed the administration to advertise the vacancy in the State and trade papers. H. Swartz complained about all the dogs running at-large. I. Gillespie asked the status of the meeting to be scheduled with the Council, Ad Hoc Committee, and representatives of The Alaska Railroad, Northern Stevedoring and Handling Corporation and the International Longshoremen and Warehousemen's Union. City Manager stated he was of the understanding that Council first wanted to meet in a work session with the Ad Hoc Committee in order to compile questions to be directed to the entities working at the docks. Following discussion, Potts stated he would check with the Ad Hoc Committee members to see if they would be available for a work session with Council on Thursday, February 15. J. In answer to a question from Hugli, City Manager briefly reported on the status of the electrical contract between the City and Chugach Electric Association. He stated the contract negotiations were being held in abeyance until the City received an answer from the Alaska Power Authority regarding the City's application for 8 megawatts of power from the Eklutna hydroelectric project. J. In answer to a question, City Manager reported that the public educational television station should be operative in 7 to 10 days. XIV. CITIZENS' DISCUSSION: No one appeared from the audience at this time in order to be heard. xv. ,).:J.J~ ,.(;f~~{)~~~.-~: f," ,-i,; " .( 'I' ,,> ':'\:r., ~ ,'.The '~~'1~g~S . ., ~ adjourned at 9:35 p.m. " ',' I ~/~ Ra~ond i1. Mayor HUZ/ f / /' ~ '" : ,,;{, }0v",-- 't~ JCl1\ e E" Shanley.:" ~" Cit),' Sl~rk-ll,re~sutet/;9 (Ci:;~':S'~~;' PAGE 311 REGULAR MEETING - FEBRUARY 26, 1979 VOLUME 18 I. CALL TO ORDER: The February 26, 1979, regul&r meeting of the Seward City Council 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. I III. ROLL CALL: Present were: Mayor Hugli; Councilmembers Campbell, Potts, Soriano and Swartz (Absent, with Council consent, was Leer; also absent was Gillespie) Present also: Acting City Manager Schaefermeyer and City Clerk- Treasurer Shanley 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 February 5, 1979, as written. V. APPROVAL OF CONSENT CALENDAR A~ID REGULAR MEETING AGENDA: Acting City Manager requested that the following additions be made to the regular meeting agenda: IX. Ordinances and Resolutions: C. Resolutions: 2. Proposed Resolution No. 79-6 relative to a Special Improvement District for the Jesse Lee Heights Subdivision water, sewer and street improvements I 3. Proposed Resolution No. 79-7 relative to a Special Improvement District for the Bayview Addition sewer line construction It was moved by Soriano, 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: C ATTORNEY: 1. City Attorney Cranston, Walters, Dahl & Jarrell bill for legal services rendered for January 1979, totaling $3,235, was approved for payment and filed. ELECTRIC DEPT: 2. CH2M Hill Invoice No. 9685 totaling $2,495.03 for engineering services rendered relative to the hydro- electric power alternatives study, was approved for payment and filed. ELECTRIC DEPT: 3. CH2M Hill Invoice No. 9669 totaling $1,062.75 for engineering services rendered relative to general consulting for the Seward Electric Utility, was approved for payment and filed. VI. BOROUGH ASSEMBLY REPORT: I Councilmember Campbell gave a verbal report on the Kenai Peninsula Borough Assembly meeting of Febrnary 20, 1979. JESSE LEE HTS SUB: BAYVIEW ADDN: WATERFRONT TRACTS: WATERFRONT TRACTS: MARINA SUB: PAGE 312 REGULAR MEETING - FEBRUARY 26, 1979 VOLUME 18 VII. PUBLIC HEARINGS: A. Public hearing was opened on the proposed creation of a Special Improvement District for the Jesse Lee Heights Subdivision water, sewer and street improvements and the following items were noted: "Seward City Council Notice of Public Hearing - February 26, 1979" as published four times in the local newspaper, posted and mailed to property owners in the Jesse Lee Heights Subdivision, pursuant to City ordinance February 14, 1979, letter from Clair L. Bailey, owner of six lots in the Subdivision, supporting the creation of a Special Improve- ment District (City Clerk read letter in full) February 21, 1979, letter from Thor T. Osbo, owner of Lot 23, Block 2, Jesse Lee Heights Subdivision, requesting further information on the estimated costs of the improvements and voicing objection to the establishment of a Special Improvement District at this time (City Clerk read letter in full) No one appeared from the audience in order to be heard and the public hearing was closed. B. Public hearing was opened on the proposed creation of a Special Improvement District for the Bayview Addition sewer line construction; and, "Seward City Council Notice of Public Hearing - February 26, 1979" as published four times in the local newspaper, posted and mailed to property owners in the Bayview Addition, pursuant to City ordinance, was noted. In answer to a question, Acting City Manager stated the assessment for each of the 28 lots affected would be approximately $1000. No one appeared from the audience in order to be heard and the public hearing was closed. C. Public hearing was opened on the proposed "Lease and Dock License Agreement" for the State Division of Marine Highway's preferential use of the 4th Avenue Dock and the lease of the ferry terminal building. "Seward City Council Notice of Public Hearing - February 26, 1979" as published two times in the local newspaper and posted; and the proposed "Lease and Dock License Agreement" were noted. No one appeared from the audience in order to be heard and the public hearing was closed. Hugli, with Council consent, directed the Acting City Manager to draft a resolu- tion approving the Agreement, to be presented for Council action on March 12. VIII. CITIZENS' DISCUSSION: A. Barbara Peterson, Director, Seward Youth Development Center, appeared from the audience and gave a verbal status report on the operation of the Center which opened February 2, 1979, and is located in the "old carpenter shop" on Tract 2, Seward Waterfront Tracts. Peterson spoke on the Student and Adult Community Advisory Board meetings which had been held and asked for additional community support for the program. She also spoke on the recreational activities available at the Center and the need for material items to be donated such as bookshelves and other furniture but, most importantly, she stated there was a need for people to donate their time to help at the Center. Campbell voiced appreciation for Peterson's report and asked that she keep the Council informed of the activities of the Center. B. February 12, 1979, letter from Douglas Weeks, requesting Council approve proposed expansion of the Breeze Inn Restaurant on Lot 3, Block 1, Marina Subdivision, was noted. It was noted that Mr. Weeks was not present in the audience. Acting City Manager called the Council's attention to the construction plans which had been submitted by Weeks and were posted for review. He stated the administration had some questions relative to whether the proposed construction met the zoning ordinance requirements for minimum set back and parking spaces in a Limited Commercial (LC) zone. He recommended, PAGE 313 REGULAR MEETING - FEBRUARY 26, 1979 VOLUME 18 VIII. CITIZENS' DISCUSSION: (cont'd) MARINA SUB: with Council consent, that action on the request be continued until the March 12 (cont'd) Council meeting in order to allow him time to contact Weeks and obtain more information on the proposed construction. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None I B. Ordinances for Public Hearing and Enactment: None C. Resolutions: HOSPITAL/ RES: 1. Copies being made available to the public, Hugli read by title only proposed resolution providing for the lease of Lots 14-18, Marathon Addition, to the Seward General Hospital Association, entitled: A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Negotiate the Dis-- position of Land in the Marathon Addition by Lease It was moved by Potts, seconded by Swartz and carried as follows to approve Resolution No. 79-5: Ayes: Noes: Abstain: Absent: Hugli, Potts, Soriano and Swartz None Campbell Gillespie and Leer It was noted that Campbell abstained due to his employment as Hospital Administrator. IJESSE LEE 2. Copies being made available to the public and distributed HTS SUB/to Council, Hugli read by title only proposed resolution regarding the RES: creation of a Special Improvement District for the Jesse Lee Heights Subdivision sewer, water and street improvements, entitled: A Resolution of the City Council of the City of Seward, Alaska, Determining to Proceed With a Special Improvement District Called the Jesse Lee Heights Subdivision Sewer, Water and Street Improvement District Acting City Manager spoke on the legal procedure which needed to be followed in establishing a special improvement district and stated further public notices and hearings were required. It was moved by Soriano, seconded by Campbell and unanimously carried by all those present to approve Resolution No. 79-6. BAYVIEW ADDN/ RES: 3. Copies being made available to the public and distributed to Council, Hugli read by title only proposed resolution regarding the creation of a Special Improvement District for the Bayview Addition sewer line construction, entitled: I A Resolution of the City Council of the City of Seward, Alaska, Determining to Proceed With a Special Improvement District Called the Bayview Addition Sewer Improvement District It was moved by Potts, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 79-7. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: None . 1 ,j' PAGE 314 REGULAR MEETING - FEBRUARY 26, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: ELECTRIC DEPT: A. Acting City Manager distributed letters dated February 12 and 23, 1979, from the Department of Energy, Alaska Power Administration, Administrator Robert J. Cross, denying the City's application for 8 megawatts of Eklutna power. He stated a meeting had been scheduled for March 10 between the Power Admin- istration and City officials in order to further discuss the matter. C COMPTROLLER: B. Acting City Manager distributed February 23, 1979, letter from the State Department of Community and Regional Affairs, Division of Adminis- trative Services, Director Lynn A. Wegener, denying the City's appeal to receive State Revenue Sharing Program funds for fiscal year 1979-80 even though the City had submitted a late application. Schaefermeyer stated the City administration would continue to investigate means of appealing the decision because the denial meant a sizeable loss of revenue for the City. C. Acting 'City Manager distributed letter and seminar agenda received February 22, 1979, noticing of a Kenai Chamber of Commerce Develop- mental Seminar scheduled for February 28, 1979, regarding the feasibility of constructing a pipeline for the transporting of the State's royalty oil to the Peninsula for processing. TELEVISION: D. Acting City Manager gave a status report on the satellite television project for the City. He stated the City had been contacted by Senator Kerttula's office regarding HB 94 which had passed the Senate and was now before the House; the bill contained an allocation of $22,500 for the City of Seward to purchase and install an earth station and trans- mitter. Schaeferrneyer stated he would be contacting Kerttula for further information on the bill. E. Acting City Manager reported that the City had received notice of award of a grant from the U.S. Environmental Protection Agency in the amount of $283,875, representing 75 percent of the eligible costs of the project and the Federal government's share of the Step II portion of the City's secondary treatment plant project. Following discussion of the various restrictions placed on use of the funds, Acting City Manager recom- mended, with Council consent, that the City obtain an opinion from the City engineers, Arctic Environmental Engineers, regarding the numerous restrictions placed on the funds and, based upon their recommendation, Council consider a motion to accept the grant at the March 12 meeting. F. Acting City Manager stated a public hearing had been scheduled for the Council meeting of March 12 in order to consider the Master Plan for development of the 7th Avenue greenbelt area as prepared by CH2M Hill pursuant to the award of a Coastal Energy Impact Program grant. G. Acting City Manager reported that the City improvement design project as engineered by Trans-Alaska been completed. water system Engineering had H. Acting City Manager stated he had been advised by Arctic Environmental Engineers (AEE) that the preliminary report on the 4th of July Creek industrial park feasibility study, pursuant to the award of a Coastal Energy Impact Program grant, would be presented to Council on March 12 and, at that time, AEE would request that Council schedule a work session in order to discuss the draft report. WATER DEPT/ ELECTRIC DEPT: I. Acting City Manager stated that CH2M Hill had submitted the final report to the Department of Energy on the low head hydroelectric project proposed for Lowell Creek; the report recommended that no project be under- taken at Lowell Creek due to the lack of economic and technical viability for such a project. PKS & REC: J. Acting City Manager called Council's attention to the letter he distributed dated February 20, 1979, which was the administration's response to the February 1, 1979, letter from National Park Service Planner Donald Follows regarding the possibility of Seward being designated as the service community/base site for the Kenai Fjords National Monument. PERSONNEL: I PAGE 315 REGULAR MEETING - FEBRUARY 26, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: (cont'd) K. Acting City Manager stated he was in the process of preparing a "Request for Proposal" to receive Federal funding to extend the City's 11 current CETA positions until September 30, 1979. He stated if this Request was not submitted the positions would terminate March 31. He commented that although it was the administration's opinion that, due to the strict regula- tions placed on the use of CETA employees, the City would not continue its participation in the program beyond September 30, it was desirable to maintain funding of the 11 positions through the end of the fiscal year. XIII. COUNCIL DISCUSSION: HARBOR COMSN: A. "Notice of Vacancy - Seward Harbor Commission" as published two times in the local newspaper and posted, was noted. City Clerk confirmed that only one application--that of Bill James, Jr.--had been received for the one available position on the Harbor Commission due to the resignation of Robert Clasby. It was moved by Campbell, seconded by Potts and unanimously carried by all those present to appoint Bill James to the Harbor Commission. I I B. Swartz voiced concern that the City should actively encourage interested bottom fishing entities to investigate the possibility of using Seward as a base of operations. Following discussion, Hugli, with Council consent, directed the Actin~ City Manager to again contact the Governor's office and request that the City be notified of any bottom fisheries delega- tions visiting the State, with a report back to Council scheduled for March 12. C. Campbell reported that the Ports and Harbors Committee of the Kenai Peninsula Borough had chosen Seward as one of three towns on the Peninsula in which they would hold educational meetings in order to discuss the status of existing ports and harbors and possible future expansion of existing facilities and construction of new ones. D. Soriano stated he felt a representative of the City should attend the February 28 meeting being sponsored by the Kenai Chamber of Commerce regarding the transport of State royalty oil to the Peninsula. Acting City Manager stated he was planning to attend; it was suggested that the Chamber of Commerce be notified and urged to send a representative also. E. Hugli stated the administration should keep a watchful eye on the Seward Highway road closures due to the construction taking place between Girdwood and Anchorage. He voiced concern that the closures could pose a hardship to the City during the summer months. XIV. CITIZENS' DISCUSSION: No one appeared from the audience at this time in order to be heard. XV. ADJOURNMENT: The meeting was adjourned at 8:43 p.m. 4t)"'i ) //. . i --.... / I -...............,......../' ;::; ~ L. Hugli c// (~a~d Mayor PAGE 316 REGULAR MEETING - MARCH 12, 1979 VOLUME 18 I. CALL TO ORDER: The March 12, 1979, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice Mayor Gillespie. II. OPENING CEREMONY: Councilrnernber Swartz led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Vice Mayor Gillespie; Councilmembers Potts, Soriano and Swartz (Absent, with Council consent, were Campbell, Hugli and Leer) Present also: City Manager Johnson, City Attorney Jarrell, Admin. Asst. Schaefermeyer and Acting City Clerk-Treasurer Ledet PROC: PROCLAMATION: Acting City Clerk read in full a proclamation designating the week of March 11 - 17, 1979, as "Employ the Older Worker Week" in the City of Seward. IV. APPROVAL OF MINUTES: It was moved by Swartz, seconded by Soriano and unanimously carried by all those present to approve the regular meeting minutes of February 26, 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following additions be made to the regular meeting agenda: VIII. Citizens' Discussion: B. Bob Valdetta - "Free Trade Zones" XII. City Manager Reports: E. Statement of Expenditures for each City department; July 1, 1978 - February 28, 1979 City Manager requested that the following additions be made to the consent calendar: --Cranston, Walters, Dahl and Jarrell's bill in the amount of $3,904 for February legal services rendered --Hughes, Thorsness, Gantz, Powell and Brundin bills in the amount of $1,023.41 for January and $342 for February for legal services rendered It was moved by Gillespie, seconded by Potts and unanimously carried by all those present to approve the regular meeting agenda and consent calendar agendas as amended and the following actions were taken: COMPTROLLER: 1. Comptroller's lis ts of Accounts Payable for January 1979 totaling $221,407.22 and February 1979 totaling $183,826.30, were approved for payment and filed. STREETS, RDS, HWYS: 2. Price Waterhouse and Company invoice dated February 19, 1979, for audit of the street paving project, in the amount of $714, was approved for payment and filed. PKS & REC: 3. CHZM Hill Invoice No. 9668 dated February 15, 1979, totaling $3,567.42 for services rendered relative to the Seventh Avenue greenbelt design project, was approved for payment and filed. PKS & REC: 4. March 5, 1979, letter from National Park Service Planner Don Follows regarding Seward as the base site for the Harding Icefield-Kenai Fjords National Monument, was noted for informa- tion and filed. PAGE 317 REGULAR MEETING - MARCH 12, 1979 VOLUME 18 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) C ATTORNEY: 5. Cranston, Walters, Dahl and Jarrell's bill in the amount of $3904 for February legal services was approved for payment and filed. I 6. Hughes, Thorsness, Gantz, Powell and Brundin January bill for legal services rendered, totaling $1,023.31, and February bill in the amount of $342, were approved for payment and filed. C ATTORNEY: VI. BOROUGH ASSEMBLY REPORT: None VII. PUBLIC HEARINGS: PKS & REC: A. Public hearing was opened on the proposed Master Plan for the 7th Avenue/Ballaine Boulevard greenbelt as prepared by the engineering firm of CH2M Hill, pursuant to a CEIP grant, and it was noted that numerous maps were posted for public viewin8. Brian Mostue, landscape architect for CH2M Hill, appeared from the audience and briefly explained that the first phase of the study to improve the 7th Avenue waterfront area was nearing completion. He spoke of various surveys the firm had conducted in order to receive public comment on the development of the beach area. Mostue stated that pursuant to the surveys and research conducted, it was projected that 230 improved and 570 unimproved camping spaces would be needed by 1985 to meet the demand; by the year 2000 approximately 1,275 campers spaces would be required. Mostue commented that the proposed greenbelt would be a combination of community park, open space and camping area planned to meet the needs of Seward residents as well as overnight campers. Gillespie called for a recess in order to allow the public an opportunity to study the maps which were posted. I RECESS: The meeting was recessed at 7:55 p.m.; reconvened at 8:05 p.m. Willard and Beverly Dunham, Jeck Hoogland, James Pruitt, Paul Seaton, Mike Epstein, Ivan Darbyshire, 'Charles See and Neva Reznick appeared from the audience to ask questions and comment on various developmental aspects of the proposed Master Plan. Gillespie inquired about the feasibility of the picnic area being made into an ice skating rink during the winter months. Mostue replied that in order to provide for such a use the area would have to be sheltered from the winds and freeze/thaw conditions. No one else appeared from the audience in order to be heard and the public hearing was closed. In conclusion, Mostue stated that his firm would conclude the preliminary design report, taking into consideration the evening's comments, and then confer again with City officials to determine the direction of the remaining aspects of the project. VIII. CITIZENS' DISCUSSION: TAXICABS: A. The following items were noted as to Ivan and Beverly Darbyshire's request to assume the taxicab permits now held by Jack Hoogland d/b/a Legion and Pioneer Cabs: I March 12, 1979, letter from the Darbyshires, advising the City of their purchase of Legion and Pioneer Cabs Certificate of Insurance from Erickson Insurance Agency dated March 12, 1979 March 7, 1979, letter from Acting City Manager Schaefermeyer to the Darbyshire's legal counsel, Raymond Gillespie, regarding the procedure to be followed to satisfy the terms of the Seward City Code for transfer of the taxicab permits ~ , PAGE 318 REGULAR MEETING - MARCH 12, 1979 VOLUME 18 VIII. CITIZENS' DISCUSSION: (cont'd) TAXICABS: (cont'd) March 6, 1979, letter from Raymond Gillespie, regarding the application for a Certificate of Convenience and Necessity to allow the Darbyshires to operate the taxicabs Administrative Assistant explained the procedure which had to be followed, pursuant to the City ordinance, before the permits could be issued to the Darbyshires. Ivan and Beverly Darbyshire appeared from the audience and spoke in support of Council approving the transfer of the taxicab permits to them. Jack Hoogland, former owner of the Legion/Pioneer Cab service, spoke in support of the transfer. City Attorney read in full Seward City Code Section 20-5 entitled "Suspension or revocation of licenses and permits." Following discussion, it was moved by Swartz, seconded by Soriano and unanimously carried by all those present to grant two permits for issuance now and hold in reserve two additional permits for the Darbyshires. X. UNFINISHED BUSINESS: (Taken out of order by Vice Mayor, with Council cons ent) MARINA SUB: A. It was noted that Douglas Weeks, lessor of City-owned Lot 3, Block 1, Marina Subdivision, had earlier submitted a request for Council approval of planned expansion of the Breeze Inn Restaurant; a map showing the proposed addition to the existing structure was posted for review. Administrative Assistant stated Weeks' proposal was incomplete in that a variance to the front yard setback requirements had to be obtained from the Planning and Zoning Commission and, further, provisions for parking had to be submitted for Commission approval. Weeks appeared from the audience and spoke against the ten foot setback requirement in the CL (Limited Commercial) zone, stating the setback would cause undo hardship and was architecturally undesirable. Relative to the parking requirements, Administrative Assistant stated Weeks could request Planning and Zoning Commission approval to use Lot 5, Block 1, for parking since the zoning ordinance contained a provision whereby parking for a business could be on a separate lot providing that the lot was within 500 feet of the business and the location was approved by the Planning and Zoning Commission. City Manager agreed with Week's comments against the setback requirements but stated the matter would have to go before the Planning and Zoning Commission in the form of a variance request. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried by all those present to approve the proposed plans for Lot 3, Block 1, Marina Subdivision, and also approve the designated parking on Lot 5. VIII. CITIZENS' DISCUSSION: (cont'd) B. Bob Valdetta appeared from the audience and spoke on establishing Seward as a "Free Trade Zone" or "Foreign Trade Zone", which, he stated, would create additional employment within the City. Gillespie suggested that since the Council was not familiar with the concept, Valdetta leave his information with the Clerk so it could be copied for the Councilmembers and scheduled for further discussion at the next Council meeting. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: WATERFRONT TRACTS / RES: 1. Copies being made available to the public, Gillespie read by title only a proposed resolution regarding the "Lease and Dock License Agreement" with the State Division of Marine Highways, entitled: A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Negotiate the Disposition of the Use of the Seward City Dock City Manager stated that the Lease Agreement had been presented to Council at a previous meeting for review. It was moved by Potts, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 79-8. SEhTAGE RES: I PAGE 319 REGULAR MEETING - MARCH 12, 1979 VOLUME 18 IX. ORDINANCES AND RESOLUTIONS: (cont'd) C. Resolutions: (cont'd) TRTMT/ by in 2. Copies being made available to the public, Gillespie read title only proposed resolution regarding the acceptance of a Federal grant the amount of $283,875 for the City's sewage treatment facility, entitled: A Resolution Accepting the U.S. EPA Grant in Connection with the Step II Sewerage Project Design February 13, 1979, letter from U.S. Environmental Protection Agency Regional Administrator Dubois, forwarding grant agreement and specifying conditions for receipt and expenditure of the funds, was noted. City Manager stated the grant had been discussed at a previous Council meeting and recommended approval of the resolution. It was moved by Soriano, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 79-9. FEDERAL ADDN/ 3. Copies being wade available to the public, Gillespie read LAUBNER/ by title only a proposed resolution rescinding the plat of Two Lakes Sub- RES: division, entitled: LOIUIS~~~~ IC/ ES: 4TH OF JULY CREEK AREA: HARBOR: I A Resolution Requesting That the Plat of Two Lakes Subdivision be Rescinded and the Original Plat of the Area be Reinstated City Manager explained that the Subdivision had been improperly platted in the 1950's and contained portions of the Federal and Laubner Additions. In answer to a question from Gillespie, he confirmed that no legal problems would arise from the rescission of the plat. It was moved by Soriano, seconded by Potts and unanimously carried by all those present to approve Resolution No. 79-10. 4. Copies being made available to the public, Gillespie read by title only a proposed resolution regarding the supply of timber for the industry in Southcentral Alaska, entitled: A Resolution Requesting the U.S. Forest Service to Provide Timber to Supply the Needs of the Industry in Southcentral AlaskCl Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 79-11. XI. NEW BUSINESS: A. City Manager distributed to Council the preliminary report entitled "Feasibility Study for Industrial Development at Fourth of July Creek, Seward, Alaska" as prepared by Arctic Environmental Engineers, pursuant to award of a CEIP grant. Gillespie, with Council consent, scheduled a work session for March 19; 1979, commencing at 7:30 p.m., in order to further discuss the report. B. Gillespie reported on a dry dock facility in San Diego, California, which was currently in mothballs and set for auction sale in the near future. He spoke of the need for such a facility in Seward and the possibility of receiving a Federal grant for the purchase of the dock. Following discussion, it was moved by Gillespie, seconded by Soriano and unanimously carried by all those present to direct the City Manager to make every possible effort to get the dock facility removed from the auction block so it could be considered for use by the City. XII. CITY MANAGER REPORTS: A. City Manager, with Council consent, requested that discussion of the bottom fishing industry be postponed until the next Council meeting. PAGE 320 REGULAR MEETING - MARCH 12, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: (cont'd) HARBOR: B. A portion of the Harbor Commission meeting minutes of February 28, 1979, at which time the Commission recommended the language on the present Small Boat Harbor "Request for Mooring" form remain unchanged, was noted. Council concurred with the Harbor Commission's recommendation. ELECTRIC PERSONAL PROPERTY: DEPT/ C. City Manager requested authority to sell the extra electrical transformers which the City owns. He assured Council that the transformers were surplus property and would not be needed. It was moved by Swartz, seconded by Soriano and unanimously carried by all those present to grant the City Manager the authority to dispose of some of the City's surplus property at a profit. ELECTRIC DEPT: D. City Manager stated that there was a definite need for additional electrical power to meet the City's demand. He explained that Seward could not expand further without additional power. Upon the City Manager's recom- mendation, it was moved by Swartz, seconded by Soriano and unanimously carried by all those present to grant the City Manager the authority to pursue a $1,000,000 bonding package for the City utility system. BUDGET: for and E. all City spoke on City Manager distributed a departments for the 8 month the financial status of the Statement of Expenditures report period ending February 28, 1979, City. XIII. COUNCIL DISCUSSION: C COUNCIL: A. Gillespie, with Council consent, changed the next regular Council meeting to Tuesday, March 27, 1979, due to the fact that March 26 was Seward's Day. B. Potts reported on a group of people who would be meeting in the City Council Chambers at 11:30 a.m., Thursday, March 15, to discuss the feasibility of using Seward as a grain exportation base. XIV. CITIZENS' DISCUSSION: -- A. Bob Valdetta appeared from the audience and again spoke on the positive aspects of Seward being designated as a "Free Trade Zone." that the belt was B. In answer to a question from Paul Seaton, City Manager confirmed public hearing held earlier in the evening on the 7th Avenue green- not the final step of the project. XV. ADJOURNMENT: The meeting was nQQ.;. S'::{'1/~'<' ',. ,- adjourned at 10:42 p.m. ~ ' ~. - J n F. Glf!:~PlJ:1n?,- VIce Mayor -, PAGE 321 REGULAR MEETING - MARCH 27, 1979 VOLUME 18 I. CALL TO ORDER: The March 27, 1979, regular meeting of the Seward City Council was called to order at 7:37 p.m. by Vice Mayor Gillespie. II. OPENING CEREMONY: Councilmember Leer led the pledge of allegiance to the flag. I III. ROLL CALL: Present were: Vice Mayor Gillespie, Councilmembers Campbell, Leer, Swartz (Absent were Hugli, Soriano, Potts) Present also: City Manager Johnson, City Attorney Jarrell, Acting City Clerk--Treasurer Ledet IV. APPROVAL OF MINUTES: It was moved by Swartz, seconded by Campbell and unanimously carried by all those present to approve the regular meeting minutes of March 12, 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: CC-T City Manager requested that Judith M. Ledet be appointed Acting City Clerk-Treasurer at this time. It was moved by Campbell, seconded by Swartz and unanimously carried by all those present to appoint Judith M. Ledet as Acting City Clerk-Treasurer. The following additions were made to the regular meeting agenda: IX. ~dinances and Resolutions: I C. Resolutions: 1. Proposed Resolution No. 79-12 Authorizing Signatures for City Bank Accounts and Rescinding all Previous Resolutions in Conflict Herewith 2. Proposed Resolution No. 79-13 Disposing City's Interest in Lots 10, 11, Block 17, Federal Addition 3. Proposed Resolution No. 79-14 Relating to the Seward Highway Closure City Manager requested that the following amendment be made to the consent calendar items: CH2M Hill Invoices filed as of March 16, 1979: Invoice No. Subj ect Amount 9704 9720 9721 9730 Hydropower Alternative Study Electric Department 7th Ave. Greenbelt design Electric Rale & Power Supply Negotiations $ 899.49 17,130.70 7,770.93 1,069.11 I 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 amended and the following actions were taken: ABCB 1. March 7, 1979, letter from the Alcoholic Beverage Control Board, noticing of request of renewal of beverage dispensary license for the Flamingo Lounge and beverage dispensary and retail liquor licenses for Sollys Lounge and Liquor Store, was filed without objection. SEWARD FISH: OCS: ELECTRIC DEPT/ PKS & REC: JESSE LEE HTS SUB BAYVIEW ADD PAGE 322 REGULAR MEETING - MARCH 27, 1979 VOLUME 18 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) 2. March 16, 1979, letter from Ray Hansen of CH2M Hill relative to Seward's future development, was noted for information and filed. 3. Environmental Services Ltd. Invoice No. 500.56.1 in the amount of $5,327.83 for preparation of "Fish Waste Handling and Transportation System Study" was approved for payment and filed 4. "Department of the Interior" News release dated March 9, 1979, regarding proposed five year OCS"lease program for oil and gas exploration, was noted for information and filed. 5. CH2M Hill Invoices for services rendered through March 16, 1979, were approved for payment and filed as follows: Invoice No. Subj ect Amount 9704 9720 Hydropower Alternative Study Project bill No.8, Electric Dep<irtment 7th Ave. Greenbelt Design Electric Rate & Power Supply Negotiations $ 899.49 17,130.70 9721 9730 7,770.93 1,069.11 VI. BOROUGH ASSEMBLY REPORTS: None VII. PUBLIC HEARINGS: A. Public hearing was opened on the apportionment of costs of the Special Improvement District for the Jesse Lee Heights Subdivision water, sewer and street improvements; and, "Seward City Council Notice of Public Hearing, March 26, 1979" as published in the local newspaper four times, posted and mailed to property owners in the Jesse Lee Heights Subdivision, pursuant to City ordinance, was noted. City Manager read in full a memo dated March 23, 1979, from City Clerk-Treasurer Shanley regarding Mr. Ronald Reisner, owner of Lots 1 and 2, Block 1, objecting to the assessments of the water improvements. City Manager discussed funding for the project which came from EDA, State, City and local assessments and he added that the street paving project was nearly cost free to the property owners. He stated that the assessment were very low for such work proposed. He explained that the assessments could be paid in full or on a ten year payment basis with 7 1/4% interest and that payments would start one year from the date of assessment. No one appeared from the audience in order to be heard and the public hearing was closed. B. Public hearing was opened on the apportionment of costs of the Special Improvement District for the Bayview Addition sewer line construction; and, "Seward City Council Notice of Public Hearing, March 26, 1979" as published in the local newspaper four times, posted and mailed to the surrounding property owners in the Bayview Addition, pursuant to City ordinance, was noted. City Manager explained that the funding for the project came from EDA, State, City and local assessments. No one appeared from the audience in order to be heard and the public hearing was closed. In answer to a question from Campbell, City Manager stated that the property owners who could not be served by this service were taken off the assessment roll. 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 RES/COMPT: I RES/ FEDERAL ADD: I STREETS, RDS HWYS/ RES: SBH I ELECTRIC DEPT: SBH: PAGE 323 REGULAR MEETING - MARCH 27, 1979 VOLUME 18 IX. ORDINANCES AND RESOLUTIONS: (cont'd) C. Resolutions: 1. Copies being made available to the public, Gillespie read by title only proposed Resolution No. 79-12, which would authorize signatures for City Bank Accounts and rescind previous resolutions which may be in conflict, entitled: A Resolution Authorizing Signatures for City Bank Accounts and Rescinding all Previous Resolutions in Conflict Herewith City Manager stated that in the absence of JoAnne E. Shanley from the City another signature would be needed. It was moved by Campbell, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 79-12. 2. by title only 10, 11, Block Copies being made available to the public, Gillespie read proposed resolution disposing of City's interest in Lots 17, Federal Addition, entitled: A Resolution of the City Council of the City of Seward, Alaska, Disposing of City's Interest in Lots 10, 11, Block 17, Federal Addition City Attorney explained that this resolution came about because of a clouded title created by erroneously acquired tax deeded lots in 1954 by the City. He further explained that by Quitclaim deed this would be cleared. It was moved by Campbell, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 79-13. 3. Copies being made available to the public, City Manager read in full proposed Resolution No. 79-14 relating to the Seward Highway closures, entitled: A Resolution Relating to Seward Highway Closure Following discussion, it was moved by Gillespie, seconded by Leer and unanimously carried by all those present to approve Resolution No. 79-14. XI. NEW BUSINESS: A. Cecila and James Hedrick's request for a permit for operation of a boat repair business from the J-Mar Too, Slip B-22, Small Boat Harbor was noted. City Attorney stated that this request was no different from the Charter boat business located at the Harbor. City Manager stated that he was not in opposition to the request since Hedrick was the first person of record to come to Council for permission to operate a boat repair business. In answer to a question from Campbell, City Attorney stated that these type of permits expire in one year and can be withdrawn at any time. It was moved by Campbell, seconded by Leer and unanimously carried by all those present to approve Cecila and James Hedrick's request for a permit to operate a boat repair business from their boat in the Seward Small Boat Harbor. B. City Manager reported that the "Reconnaissance Feasibility Study - Hydroelectric Potential on Lowell Creek" was completed and found Lowell Creek to be unfeasible and that the administration was in the process of suspending all operations and breaking off the grant. XII. CITY MANAGER REPORTS: A. Council discussed the hourly operation of the Harbor Master's building as compared to shower revenues and it was the general consensus to leave the price of showers as it now stands at $.25 per shower of five minutes. PAGE 324 REGULAR MEETING - MARCH 27, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: (cont'd) B. City Manager stated that Seward is the most potential site for a bottom fishing industry. He spoke briefly on a study regarding the port and harbor demand and feasibility investigations as prepared by the Borough. SBH: C. City Manager reported to Council that he contacted San Diego, California in effort to get the dry dock facility off the auction block as suggested by Gillespie and that because we did not find out about the auction in time the City did not have a chance to obtain this one, but that there was a mailing list for notification of surplus auctions the City would be put on. XIII. COUNCIL DISCUSSION: A. City Manager asked that the draft trailer ordinance be put on the next meeting agenda. B. In answer to a question from Leer, City Manager explained ELECTRIC DEPT: that the City is currently working on the expansion of the electric system. He stated that the Lowell Creek area is not feasible and the hydroelectric project appears to be feasible and there are four sites which would be potentially sound. He listed these as Grant Lake, which was the most promising site and that the State would release money for proceeding with the permit stage. He further explained that he was currently putting together a bonding package for the substation for the City utility system. The other possible sites would be Crescent Lake, Snow and Resurrection Rivers. C. Swartz commented that she was pleasantly surprised at how well the pavement held up over the winter months. XIV. CITIZENS' DISCUSSION: A. Herman Leirer appeared from the audience and spoke against too much negative attitude regarding the road closures which he felt could economically effect Seward. He commented on the bottom fishing industry and told Council that he knew that it would be hard to find a market for the fish as he saw firsthand when he recently visited New Zealand. xv. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. ------------------ ------------------------------------ PAGE 325 REGULAR MEETING - APRIL 9, 1979 VOLUME 18 I. CALL TO ORDER: called to II. The April 9, 1979, order at 7:28 p.m. OPENING CEREMONY: Cauncilmember Gillespie led ROLL CALL: Present were: regular meeting of the Seward City Council was by Mayor Hugli the pledge of allegiance to the flag. III. I Mayor Hugli, Councilmembers Campbell, Gillespie Leer, Soriano, Swartz (Absent with Council consent was Potts) Present also: City Manager Johnson, City Attorney Jarrell, Acting City Clerk-Treasurer Ledet IV. APPROVAL OF MINUTES: It was moved by Campbell, seconded by Leer and unanimously carried by all those present to approve the regular meeting minutes of March 27, 1979, 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. Bob Valdetta IX. Ordinances and Resolutions: C. Resolutions: I 3. Proposed Resolution No. 79-17 accepting the $47,313 grant from the State for Sewerage project It was moved by Soriano, seconded by Campbell and unanimously carried by all those present to approve the regular meeting agenda and consent calendar as amended and the following actions were taken: COHPT: 1. Comptroller's list of Accounts Payable for March 1979, totaling $403,754.04 was approved for payment and filed. 2. March 9, 1979, letter from Commissioner Mueller of the State Department of Environmental Conservation regarding regulatory activities of the City, was noted for information. 3. March 28, 1979, letter from Director Kimball, Division of Community Planning regarding grant applications was noted for information. P&Z COMSN: 4. March 29, 1979, memo from Phil Waring, Planning Director regarding City Planning was noted for information and filed. 5. March 29, 1979, letter from Commissioner Mueller of the State Department of Environmental Conservation regarding housing loans was noted for information. I 6. Invoice dated April 4, 1979, from Trans-Alaska Engineering totaling $23,400 for completion of Phase 5 of the Seward Water Expansion Project was approved for payment and filed. ATER DEPT: CA: 7. City Attorney Hughes, Thorsness, Gantz, Powell and Brundin bill for legal services rendered March 1979, totaling $84.52 was approved for payment and filed. PAGE 326 REGULAR MEETING - APRIL 9, 1979 VOLUME 18 VI. BOROUGH ASSEMBLY REPORTS: Councilmember Campbell gave a verbal report on the Kenai Peninsula Borough Assembly meeting of April 3, 1979. He reminded Council that all members of Commissions, Council, and assembly are required to file Conflict of Interest Statements because they are decision making bodies. Th0se who are required to file are as follows: borough or city mayor; borough assemblyman or city councilman; school board member; elected utility board member; a city or borough manager; and a city or borough planning or zoning commission member. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: A. Bob Valdetta, appeared from the audience and spoke about the Coast Guard cutter leaving for repairs during May 21 through June 21, 1979, and at that time Seward would only have a skiff like boat for emergencies. He stated that it would take approximately 12 to 14 hours for a call. He suggested that another Coast Guard boat be requested to fill in for the Jellison. City Manager stated that the Coast Guard had not contacted him about this matter, but he would check on it. Valdetta then brought to Council's attention the need for a "Free Trade Zone" designation for the City. He stated that he felt that this was the only hope for Seward's industrial future. He further stated that he had in-,ested money into this and talked to businessmen of Seward and talked to people in Juneau. He told Council that he w~s now at a standstill because he had no real power since he was only a citizen. 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 levying of the assessment for Jesse Lee Heights Subdivision sewer, water and street improvement district, entitled: JESSE LEE HTS SUBD/ ORD An Ordinance Levying the Assessment for the Special Improvement District Described as the Jesse Lee Heights Subdivision Sewer, Water and Street Improvement District It was moved by Gillespie, seconded by Campbell and unanimously carried by all those present to introduce proposed Ordinance No. 469 and schedule a public hearing for May 14, 1979. BAYVIEW ADD/ORD 2. Copies being made available to the public, Hugli noted by title only proposed ordinance regarding the levying of the assessment for Bayview Addition sewer improvements, entitled: An Ordinance Levying the Assessment for the Special Improvement District Described as the Bayview Addition Sewer Improvement District It was moved by Campbell, seconded by Soriano and unanimously carried by all those present to introduce proposed Ordinance No. 470 and schedule a public hearing for May 14, 1979. B. Ordinances for Public Hearing and Enactment: None C. Resolutions: RES/ JESSE LEE HTS SUBD l. Copies being made available to the public, Hugli noted by title only proposed Resolution 79-15, regarding confirmation of the special assessment roll for Jesse Lee Heights Subdivision, entitled: A Resolution of the City Council of the City of Seward, Alaska, Confirming the Special Assessment Roll of the SIEcial Improvement District Described as the Jesse Lee Heights Subdivision Sewer, Water and Street Improvement District It was moved by Campbell, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 79-15. ES/ ESSE LEE TS SUBD: I ES/ SEWAGE RMT: WATER DEPT: I ATER RaNT TRACTS: SBH: SBH: I ANIMAL CONTROL PAGE 327 .) -)- ,)_1 REGULAR MEETING - APRIL 9, 1979 VOLUME l8 IX. ORDINANCES AND RESOLUTIONS: (cont'd) C. Resolutions: 2. Copies being made available to the public, Hugli read by title only proposed Resolution 79-16, confirming the special assessment roll for Bayview Addition, entitled: A Resolution of the City Council of the City of Seward, Alaska, confirming the Special Assessment Roll of the Special Improvement District Described as the Bayview Addition Sewer Improvement District It was moved by Campbell, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 79-16. 3. Copies being made available to the public, Hugli read by title only proposed Resolution 79-17, accepting a grant for sewerage project design, entitled: A Resolution Accepting the Alaska State Grant In Connection with the Step II Project Design Following discussion, it was carried by all those present $47,313 grant. moved by Campbell, seconded by Leer and unanimously to approve Resolution No. 79-17, accepting the X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. City Manager reported that the Seward Water System Expansion Project was completed. Dick Lowman, project engineer, arrived at this time and reported that there were no changes since the last time he reported to Council and all the project needed is State approval. Hugli commended Lowman for a very good job and completing the project by the deadline of February 1, 1979. XII. CITY MANAGER REPORTS: A. City Manager stated that he had received a letter from Barbara Peterson, Director of the Seward Youth Development Center, requesting permission to sell sandwiches at the Center. City Attorney stated that the legal liability is very high given the relationship between the City as the lessor and the business could only be allowed if there were a much larger liability. He stated that insurance could be obtained with the City named as the "named insured". It was the general consensus that the request be denied because of competition with restaurant business, high legal liability and high costs of setting up such a business. B. City Manager reported that the William H. Seward Yacht Club had made a proposal to construct a facility in the Small Boat Harbor area for the Yacht Club to hold meetings, store gear, etc. and they had prepared a booklet which he would make available to Council. C. City Manager reminded Council of J. and C. Hedrick's request for a marine repair business in the Small Boat Harbor discussed at the March 27th, Council meeting. He stated that he had checked the Department of Transportation's Policy Statement relating to operation and management of State owned harbor facilities and found that a business of this sort was not permitted. D. City Manager asked Dick Lowman, Trans-Alaska Engineering, to show Council proposed plans for a new dog pound which would be located on Lots 27 and 28, Block 21, Original Townsite. Lowman told Council the 16' X 20' building would be constructed above ground level, of six inch concrete walls, no windows, two vents, stainless steel modulars to house the dogs individually. He stated that as many as seven dogs could be pounded at one time. He explained that the structure would be heated by an over-head radiant heater and would be surrounded by a chain- link fence. City Manager stated that the money would come from the Mayor and Council contingency fund. Following discussion, it was moved by Soriano, seconded by Campbell and unanimously carried by all those present to authorize the City Manager to begin bid procedure for a May 15th bid for construction of a dog pound at a cost not to exceed $22,500. ,,) ..) \'... U ... ,_ ' STS, RDS, HWYS: ELECT DEPT: JESSE LEE HTS: SEW GEN HOSP: COMPT/ PUB UTILITIES: PERSONNEL/ POLICE: PAGE 328 VOLUME 18 REGULAR MEETING - APRIL 9, 1979 XII. CITY MANAGER REPORTS: (cont'd) E. City Manager reported to Council that two bids had been received for rerouting the Mile 18 road. He stated that one for $95,880 from Dodge Electric Company of Palmer, Alaska was the one he recommended. Tom Small, of CH2M Hill, explained the advantages of two wood pilings as compared to one steel piling. The wood being more stable under pressure. Following discussion, it was moved by Campbell, seconded by Swartz and unanimously carried by all those present to accept the bid of Dodge Electric Company at $95,880 for the transmission line construction at Mile 18. F. City Manager spoke on the need for rezoning nine lots which were sold to people as commercial lots at commercial prices in 1966 and that he had found that these lots were in fact zoned Residential (R-l). He stated that this problem could be solved by initiating the rezoning of Lots 1 through 9, Block 3, Jesse Lee Heights Subdivision to Limited Commercial. Following discussion, it was moved by Campbell, seconded by Leer and unanimously carried by all those present to direct the City Manager to initiate the rezoning of Lots 1 through 9, Block 3, Jesse Lee Heights Subdivision to Commercial zoning. G. City Manager reported on an opportunity for the City to paint the Seward General Hospital for a minimal sum of $1700 which would be only the cost of paint and the labor would be provided by the Youth Adult Conser- vation Corp (YACC). He stated that the color decided upon was white with brown trim. Following discussion, it was moved by Soriano, seconded by Leer and carried as follows to direct the City Manager to have the hospital painted white with brown trim by the YACC for a cost not to exceed $1700. Ayes: Noes: Abstain: Absent: Gillespie, Leer, Soriano, Swartz, Hugli None Campbell Potts H. City Manager presented a proposal from the First National Bank of Anchorage, Seward Branch to collect the City utility bills at 10~ per trans- action. He stated that this would be a worthy experiment and it worked out well with the administration as the position was ending next month. He explained that the bank would not collect partial payments and would not listen to complaints these would be worked out with the present City employees. In answer to a question from Hugli, City Manager stated that he was sure that the banking hours were from 10 a.m. to 5 or 6 p.m. and one big advantage was that the bank was open during the lunch hour. Following discussion, it was moved by Campbell, seconded by Leer and unanimously carried by all those present to authorize the City to accept the proposal of the First National Bank for a six month period of time and then at the end of the six months reexamine it. I. City Manager explained a problem the City is facing for the next year is finances. He stated that this is the year to "bite the bullet" as far as the budget is concerned. He stated that because of less revenues collected, no more anti-recession monies, and a possible cut of 80% in Federal Revenue Sharing and a reduction in force from Comprehensive Employment and Training Act (CETA). He stated that the cuts in the CETA employees would be felt mainly by the police department because they have four CETA employees. Swartz stated that at least two of the police officers should be retained since we were approaching the busy summer season. Chief Police Bencardino appeared from the audience and spoke on the need for these officers and he admitted that there was quite a bit of overtime put in by these officers caused by overlapping of shifts. Bencardino told of plans to initiate a drug program and that in order for the officers to receive training they would have to go to a training academy which leaves the Seward department short on officers. He stated that there is less turn over in employees in the police department and that his officers go out of their way to do extra jobs. City Manager told of two other CETA positions which would have to terminate in September, one in the building department and the other in the shop. The two CETA positions at the Harbor would remain until a later date when they could be eliminated. This would mean a two mill rise for the taxpayers. Gillespie stated that this would be a question of economics and level of service. He speculated on whether the taxpayers of Seward would prefer a higher level of service from the police as opposed to higher taxes. He further stated that many people in the Seward area, mainly the home owners, are having a tough time financially without the tax raise. It was moved by Soriano, seconded by Swartz and carried as follows to direct the City Manager to retain the four positions on the police force: Ayes: Noes: Absent: Campbell, Leer Soriano, Swartz, Hugli Gillespie Potts I I I PAGE 329 ;1~~) REGULAR MEETING - APRIL 9, 1979 VOLUME l8 XII. CITY MANAGER REPORTS: (cont'd) Campbell reminded Council that they should all be prepared to tell the public of their decision. J. City Manager reported on a meeting with the Danish Consulate in Seward, April 8, 1979, and they talked about building a ship repair facility in Seward and also spoke about a possibility of fish processing ships coming to Seward. City Manager recommended that the City put together a proposal to attract industrial development. K. Council scheduled an executive work session for Thursday, April 19, at 7:00 p.m. to discuss finances. XIII. COUNCIL DISCUSSION: A. Swartz stated that Virginia Darling a business woman, requested that she bring to Council's attention the camper problem. She reported that the campers were too long tQr the angle parking in downtown Fourth Avenue. an1 this made it difficult for cars to back out and also to drive around. Chief Bencardino stated that the police warn the offender when they can. B. Leer commented on a problem of big trucks parking in front of her business and blocking the view of her business and also customer parking. She also reported that the telephone system was not working properly. C. In answer to a question from Gillespie regarding what was being done about the City's fire rating for insurance, City Manager stated that improvements were being made to the fire and water departments which could retain the rating. D. Soriano brought up the problem of dirt bikes along the Seventh Avenue Greenbelt area, this being the area designated for such unlicensed vehic1es. He stated that they were excessively noisy and have no regard for their speed limit and hours of riding. Bencardino reported that the City would have to take some sort of action to prevent this problem. Hugli directed the City Manager to check into what other cities do about this type of problem and also to see what the City Attorney would advise. XIV. CITIZENS' DISCUSSION: No one appeared at this time in order to be heard. XV. ADJOURNMENT: The meeting was adjourned at 9:38 p.m. ~ Y/4f~ ~yrnond L. Hugli Mayor '/dl tl /);;7:){:;; /!;-" ,/ udith M. Ledet Acting City Clerk-Treasurer (City Seal) ---------------------------------------------------------------------------- PAGE 329 REGULAR MEETING - APRIL 23, 1979 VOLUME 18 I. CALL TO ORDER: The April 23, 1979, regular meeting of the Seward City Council was called to order at 7:50 p.m. by Mayor Hugli. II. OPENING CEREMONY: Councilmember Gillespie led the pledge of allegiance to the flag. ;) ;~ u PROC: AK STATE OF: PAGE 330 REGULAR MEETING - APRIL 23, 1979 VOLUME l8 III. ROLL CALL: Present were: Mayor Hugli, Councilmembers Campbell, Gillespie, Leer, Pott$, Soriano, Swartz Present also: City Manager Johnson, City Attorney Jarrell, Administrative Assistant Schaefermeyer, Acting City Clerk-Treasurer Ledet PROCLAMATION: Acting City Clerk read in full "Elks National Youth Week - May 1-7, 1979" proclamation and the Mayor so proclaimed. IV. APPROVAL OF MINUTES: It was moved by Gillespie, seconded by Leer and unanimously carried by all those present to approve the minutes of April 9, 1979, 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: IX. Citizens' Discussion: (to be moved prior to public hearings) A. Pam Oldow regarding the road closures B. Pat O'Brien regarding placing Lot 6, Block 8, Cliff Addition for public auction CONSENT CALENDAR 6. April ll, 1979, letter from U.S. Senator Stevens in response to a letter from Ira J. Hutchison, Acting Director of National Park Service regarding the Kenai Fjords National Monument. 7. CH2M Hill Invoice No. 9652 for $15,966.50 dated January 15, 1979 in connection with fue Mile 6 to 24 improvements STREETS, RDS~ HWYS: VI. STEETS, RDS, HWY: CLIFF ADDL P & Z COMSN: BOROUGH ASSEMBLY REPORT: Councilmember Campbell gave a verbal report on t he Kenai Peninisula Borough Assembly meeting of April 17, 1979. He urged the public to make them- selves be heard regarding the conflict of interest statements which are required to be filed by public officials. IX. CITIZENS' DISCUSSION: A. Pam Oldow, representative of the Chamber of Commerce, appeared from the audience and urged the Council to provide money for brochures to inform people of when the road is open. She read in full a letter from a firm offering their services to print brochures for $5 to $6,000 and this would cover a monthly printout of when the road would be open. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried by all those present to appropriate $3000 to the Chamber of Commerce to be used for information to the public for the 1979 summer publicity campaign regarding the road closures. B. Pat O'Brien appeared from the audience and asked Council if Lot 6, Block 8, Cliff Addition could be placed up for public auction in order for him to replat a large portion of Block 7 and 8. In answer to a question from Gillespie, City Manager reported that this land is now in the hands of the City. O'Brien stated that his intention was to have the land replatted in order to provide an access to the area. He stated that if replatted it would benefit the city by being placed on the tax rolls and open areas for development. In answer to a question from Gillespie, City Manager stated that the City didn't have any future use planned for the property and that a public hearing would have to be held before the planning and zoning commission. Following discussion, it was moved by Swartz, seconded by Leer and unanimously carried by all those present to have this proposal placed before the planning and zoning commission for their decision and approval. 4th of JULY CR: I PKS & REC: I ORD/ JESSE LEE HTS: I PAGE 33l REGULAR MEETING - APRIL 23, 1979 VOLUME 18 VII. PUBLIC HEARINGS: A. Mayor Hugli opened the public hearing for the Fourth of July Creek Feasibility of Industrial Development. S~d Clark, Arctic Environmental Engineers, appeared from the audience and gave a brief history of how his firm was involved He stated that AEE had started on the project a year ago. The City applied for and received funding for the project from the State. He then introduced Franz Vail, also of AEE, to go over the highlights of the plan. Vail described the physical features, climatic conditions and topography of the area. He stated that the area has deep water which is ideal for port facilities. Vail stated that the water was being studied by the U.S. Geological Survey. He sited four industrial options for the City to consider which were: a fisheries processing plant, a petro chemical processing plant, a ship building and repair dock and possible dry dock, and a metal refinery. Williard Midby, Nash Road, appeared from the audience and questioned if the City had received information regarding a Ports and Harbors grant. Campbell announced that there would be a Ports and Harbors meeting on May 3, 1979 to discuss the economic factors. In answer to a question from Midby, Hugli reminded him that there would not be an election since this was oaiy a study. In answer to a question from Midby, Clark stated that the dirt which would be removed by dredging for a deep water port could be used in many ways'since good fill is always in demand. Midby stated that the Japanese control the bottom fishing industry which would make it non-feasible for the Seward area. Dale Lindsey, a property owner in the Fourth of July Creek area, urged the adminstration to pursue development in the Fourth of July Creek as it would benefit the City with jobs and money. City Manager stated that he had received a letter from a major ship building facility inqmiring if he ~new of any prospective areas for a ship building facility. Bob Valdetta, appeared from the audience and asked if the:City had contacted any big industries to attract to the Fourth of July Creek area. No one else appeared from the audience and the public hearing was closed. VIII. SPECIAL ITEM: A. Brian Mostue, CH2M Hill, appeared from the audience and gave a brief summary of the previous meeting he had with Council and the public regarding the Seventh Avenue Greenbelt Study his firm had prepared for the City. He spoke on an outline of different phases the City could follow. Bob Valdetta appeared from the audience and spoke on a Special Task Force which studied the Seventh Avenue area following the earthquake in 1964 and designated the area "high risk". He urged the administration to look into redrilling the area. In answer to a question from Hugli, Mostue reviewed what took place at the March meeting. He stated that people were concerned about too much development than too soon. People were concerned about erosion control and enough camping and jogging space. Beverly Dunham appeared from the audience and spoke against placing tanks and other industrial facilities in the high risk area when Seward has seen wbat can happen to that area (l964 earthquake). It was the general consensus that CH2M Hill should go ahead with Phases I and II which are non structural and minimum improvements. Gillespie suggested that another study should be done since the other had been so long ago. City Manager stressed that it would take congressional action to be lifted, but he would try and get it all in writing. x. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: B. Ordinances for Public Hearing and Enactment: l. Copies being made available to the public, Hugli read by title only, proposed ordinance regarding the levying of the Assessment entitled: An Ordinance Levying the Assessment of the Special Improvement District Described as the Jesse Lee Heights Subdivision Sewer, Water and Street Improvement District Hugli opened the public hearing and no one appeared in order to be heard and the public hearing was closed. It was moved by Potts, seconded by Campbell and unanimously carried by all those present to enact Ordinance No. 469. PAGE 332 REGULAR MEETING - APRIL 23, 1979 VOLUME l8 X. ORD1NANCES AND RESOLUTIONS: (cont'd) B. Ordinances for Public Hearing and Enactment: ORD/ BAYVIEW ADD 2. Copies being made available to the public, Hugli read by title only an ordinance regarding levying of the assessments of Bayview Addition, entitled: An Ordinance Levying the Assessment for the Special Improvement District Described as the Bayview Addition Sewer Improvement District Hugli opened the public hearing; no one appeared from the audience and the public hearing was closed. It was moved by Campbell, seconded by Swartz and unanimously carried by all those present to enact Ordinance No. 470. ORD/ 3. Copies being made available to the public, City Manager read P&Z COMSN:proposed Ordinance No. 471, which would change the number of commissioners on the Planning and Zoning Commission from nine members to seven and also changes the number for a quorum to four instead of five, entitled: An Ordinance Relating to the Planning and Zoning Commission Declaring an Emergency, and Repealing and Re-enacting Sections 2-66 and Sections 2-68 of the Seward City Code City Manager stated that this was necessary because there was presently only four members on the Planning and Zoning Commission. Following discussion, it was moved by Soriano, seconded by Leer and unanimously carried by all those present to enact Ordinance No. 471. XI. UNFINISHED BUSINESS: None XII. NEW BUSINESS: None XIII. CITY MANAGER REPORTS: POLICE DEPT: A. City Manager stated that he had been working on a rough draft trailer ordinance and a question of whether a person would be able to sell ice cream from a trailer in the downtown area under the new transient merchant ordinance. City Attorney read in full Sections 21-10 of the Seward City Code and explained that it would have to be an administrative decision. B. City Manager reported to Council that Jesse Lee field was being readied for the coming softball season. XIV. COUNCIL DISCUSSION: A. City Manager reported that there had not been any applications on file for the Planning and Zon~ng Commission vacancies and the City would be advertising. Hugli then ask~d the public if there was any who wished to serve on the Commission. No one appeared from the audience. B. Hugli suggested that the Council draw up a resolution supporting the timber sales to Seward. City Manager stated that congressional action would have to be taken to accomplish this. C. City Manager stated that he is working on a plan to have the boat harbor collect and maintain the camping fees and with the extra help in the summer they wouldn't have any trouble. XV. CITIZENS' DISCUSSION: A. Roy Mattson, Seward, appeared from the audience and spoke on a need to have September 15, of each year designated as "Alaska Railroad Day" and he also announced that there would be a train coming to Seward as it did the previous year to bring people celebrating the Roaring 20's. B. Brent Whitmore, Seward, complimented the City on the clean streets. XVI. ADJOURNMENT: The meeting was adjourned at lO:47 p.m. I PROC: I INSURANCE: I PAGE 333 REGULAR MEETING - APRIL 23, 1979 VOLUME 18 ) (?!<<~ --i ~'-~."") p Raymond ~f Hugli " Mayor PAGE 333 REGULAR MEETING - MAY 14, 1979 VOLUME l8 I. CALL TO ORDER: The May l4, 1979, regular 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, Leer, *Pot ts, Soriano, Swartz Present also: City Manager Johnson, City Attorney Jarrell, Administra- tive Assistant Schaefermeyer, Acting City-Clerk Treasurer Ledet PROCLAMATION: Acting City Clerk read in full "Cleaner Seward Month of May" proclamation and the Mayor so proclaimed. SPECIAL PRESENTATION: City Manager introduced Brandon B. Allen, of Rollins, Burdick, Hunter Insurance Company of Anchorage. Allen reviewed the present policy the City has with Clary Insurance Company and pointed out where his company would save the City approximately $50,000 per year by insuring with Rollins, Burdick, Hunter. He stated that the City could save money by reporting the workmen's compensation monthly rather than quarterly and he further stated that the City has an excellent experience record based on losses and the cost would be minimal. He proposed a $10,000,000. umbrella policy which would cost the City $1000 per million, which would cover the City Manager, City Council, City employees and public officials. In answer to a question from Potts, Allen stated that the proposed boat lift deductible of $1000 per loss could be lowered since the damage had never gone over $300 on a single boat dropped. Following discussion, it was moved by Gillespie, seconded by Soriano and unanimously carried by all those present to appoint Rollins, Burdick, Hunter as the Exclusive Broker of Record as of May 14, 1979. IV. APPROVAL OF MINUTES: It was moved by Campbell, seconded by Soriano and was unanimously carried by all those present to approve the minutes of April 23, 1979,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: VII. Citizens Discussion: C. Willard Dunham IX. Ordinances and Resolutions: A. Ordinances for Introduction: 1. Proposed Ordinance No. 472 amending an error in Ordinance No. 469 in connection with the Jesse Lee Heights Subdivision Improvement District , ,,_, i PAGE 334 REGULAR MEETING - MAY 14, 1979 VOLUME 18 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) A. Ordinances for Introduction: ORD/ BAYVIEW ADD: 2. Proposed Ordinance No. 473 amending an error in Ordinance No. 470 in connection with the Bayview Addition Sewer Improvement District C. Resolutions: RES/ LP 4. Proposed Resolution No. 79-20 regarding timber sales RES/ JESSE LEE HTS SUB: 5. Proposed Resolution No. 79-21 amending an error in Resolution 79-15 regarding the Jesse Lee Heights Improvement District RES/ BAYVIEW ADD: 6. Proposed Resolution No. 79-22 amending an error in Resolution 79-16 regarding the Bayview Addition Improvement District Following discussion, it was moved by Potts, seconded by Soriano and unanimously carried by all those present to approve the regular meeting agenda as amended and consent calendar as presented and the following actions were taken: COMPT: 1. Comptroller's list of Accounts payable for the month of April, 1979, totaling $219,593.76, was approved for payment and filed. 2. Arctic Environmental Engineers Invoices were approved for payment as follows: WATER: 03379 Subject Bayview Sewer Water System January 1979 bill Water System February and March 1979 bill Water System TOTAL Amount $ 60.00 415.00 BAYVIEW ADD: WATER: Invoice 03279 01779 WATER: Final 561. 00 297.25 $1,333.95 LP: 3. April 20, 1979, letter from Jon DeVore, Staff Assistant to U.S. Senator Stevens regarding timber, was noted for information and filed. STREETS, RDS, HWYS/PKS & REC: 4. CH2M Hill Invoices #9765 - $16,405.75 for Mile 18 relocation and #9767 - $5,715.62 in connection with the Seventh Avenue Greenbel t Study were approved for payment and filed. INSURANCE: 5. May 1, 1979, letter from Clary Insurance Agency regarding the City Insurance Program, was noted for information and filed. CA: 6. May 7, 1979, bill from Hughes, Thorsness, Gantz, Powell & Brundin $17.00 bill for legal services rendered March 19, 1979, was approved for payment. 7. May 8, 1979, letter from the Consulate of Denmark, Commercial Officer regarding their recent visit to Seward in connection with the bottomfishing industry, was noted for information and filed. ARR: 8. May 8, 1979, letter from the Alaska Railroad, Acting Chief Weeks regarding the repair work of the Seward Dock, was noted for infor- mation and filed. LOC ORGS: 9. April 20, 1979, letter from Jerry L. Madden regarding North Pacific Rim's request for Vista Volunteers, was noted for informa- tion and filed. CA: 10. May 7, 1979, bill from Cranston, Walters, Dahl & Jarrell for legal services rendered in the month of April, 1979 in the amount of $2,656.00, was approved for payment and filed. IV. BOROUGH ASSEMBLY REPORT: Councilmember Campbell gave a verbal report on the May 1, 1979 meeting. CA: I FISH & GAME: I ORD/ JESSE LEE HTS SUB: ORD/ BAYVIEW ADD: I RES/ I ST OF AK: PAGE 335 VOLUME 18 , , " REGULAR MEETING - MAY 14, 1979 VII. CITIZENS' DISCUSSION: A. Lief Eric Olson did not appear from the audience and the City Manager explained that Olson had submitted a claim for damages to his belongings in which Olson felt was from the April 23, 1979, power fluctuations. He stated that Olson alleged that an electric alarm clock on a table got so hot that it damaged the table, drapes, and other items. City Manager stated that he had spoken to the electricians and it was highly unlikely that the clock would be affected by the power fluctuations. He recommended to Council that the claim of Lief Eric Olson be denied. Following discussion, it was moved by Soriano, seconded by Campbell and unanimously carried by all those present to deny the claim of Lief Eric Olson. B. Jim Hill, who was scheduled to appear before Council was not present at the meeting. C. Willard Dunham, Chairman of Seward Fish and Game Advisory Board, appeared from the audience and distributed a letter to Mayor Hugli requesting that Paul Seaton be nominated for consideration on the Board of Directors of the Cook Inlet Aquaculture Association. He stated that the Association had advised him to have Seaton nominated by the Chamber of Commerce or the City Council. He told Council that Seaton was fully qualified to serve on the board. He explained that the association was studying projects for enhancement of the salmon streams on the Kenai Peninsula and the funds are from a 2% fish tax collected from all fishermen in the Cook Inlet area. Following discussion, it was moved by Gillespie, seconded by Soriano and unanimously carried by all those present that the City of Seward hereby requests Paul Seaton to be considered on the Board of Directors of the Cook Inlet Aquaculture Association. VIII. PUBLIC HEARINGS: None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Copies being made available to the public, City Manager read by title only proposed Ordinance No. 472 repealing Ordinance No. ~69, entitled: An Ordinance Levying the Assessment of the Special Improvement District Described as the Jesse Lee Heights Subdivision Sewer, Water, and Street Improvement District, and Repealing Resolution 79-15 and Ordinance No. 469 City Manager explained that this and proposed Ordinance No. 473 were being introduced because of a typographical error. Following discussion, it was moved by Gillespie, seconded by Leer and unanimously carried by all those present to introduce Ordinance No. 472 and set the public hearing date for May 28th. 2. Copies being made available to the public, City Manager read by title only proposed Ordinance No. 473 repealing Ordinance No. 470, entitled: An Ordinance Levying the Assessment of the Special Improvement District Described as the Bayview Addition Sewer Improvement District, and Repealing Resolution 79-16 and Ordinance No. 470 City Manager stated that he would recommend introduction of this ordinance for the same reason as Ordinance No. 472. Following discussion, it was moved by Campbell, seconded by Leer and unanimously carried by all those present to introduce Ordinance No. 473 and set the public hearing date for the 28th of May. B. Ordinances for Public Hearing and Enactment: None C. Resolutions: 1. Copies being made available to the public, Hugli read by title only proposed Resolution No. 79-18, amending the nomination of certain lands, entitled: A Resolution Amending the Nomination of Certain Lands for Conveyance from the State of Alaska to the City of Seward Pursuant to the Municipal Entitlement Act , RES/ I ST OF AK: (cont'd) RES/ ST OF AK: RES/ LP: RES/ JESSE LEE HTS: RES/ BAYVIEW ADD: PAGE 336 REGULAR MEETING - MAY 14, 1979 VOLUME 18 IX. ORDINANCES AND RESOLUTIONS: (cont'd) C. Resolutions: Administrative Assistant distributed maps and Showed where the nominated land is located. Following discussion, it was moved by Potts, seconded by Campbell and un&pimously carried by all those present to approve Resolution No. 79-18. 2. Copies being made available to the public, Hugli read by title only proposed Resolution No. 79-19 requesting a joint consideration with the State for certain parcels of land nominated in Resolution No. 79-18, entitled: A Resolution Requesting Joint Consideration with the State of Alaska on Certain Parcels of Land Nominated by the City of Seward Pursuant to the Municipal Land Entitlement Act City Manager recommended beneficial to the City. by Potts and unanimously approval of the Resolution stating that it would be Following discussion, it was moved by Campbell, seconded carried by all those present to approve Resolution No. 79-l9. 3. Copies being made available to the public, Hugli read by title only proposed Resolution No. 79-20 supporting the efforts of Kenai Lumber Company to secure lumber, entitled: A Resolution Supporting the Efforts of Kenai Lumber Company to Acquire State Timber Pursuant to AS38.05.ll8 It was moved by Soriano, seconded by Swartz and carried as follows to approve Resolution No. 79-20. AYES: NOES: ABSTAIN: Campbell, Gillespie, Leer, Soriano, Swartz, Hugli None Potts 4. Copies being made available to the public, Hugli read by title only proposed Resolution No. 79-21 repealing Resolution No. 79-15 in connection with the Jesse Lee Heights Subdivision Improvement District, entitled: A Resolution of the City Council of the City of Seward, Alaska, Confirming the Special Assessment Roll of the Special Improvement District Described as the Jesse Lee Heights Subdivision Sewer, Water and Street Improvement District It was moved by Soriano, seconded by Leer and unanimously carried by all those present to approve Resolution No. 79-21. 5. Copies being made available to the public, Hugli read by title only proposed Resolution No. 79-22 repealing Resolution No. 79-16 in connection with the Bayview Addition Improvement District, entitled: A Resolution of the City Council of the City of Seward, Alaska, Confirming the Special Assessment Roll of the Special Improvement District Described as the Bayview Addition Sewer Improvement District It was moved by Soriano, seconded by Leer and unanimously carried by all those present to approve Resolution No. 79-22. X. UNFINISHED BUSINESS: A. This item was omitted from the agenda - correcting Resolutions Nos. 79-15 and 79-16. SBH: B. Seward Harbor Commission's recommendation to change the fee for the boat lift from a cost per foot plus $15 an hour to $75 per hour and the March 28, 1979, minutes of the Harbor Commission were noted. Hugli questioned the need for such a change.- Harbor Master Singleton appeared from the audience and stated that in many cases the Harbor was going in the hole with boat lifts. He further stated that it takes anywhere from 45 minutes to an hour for most boats and longer for the smaller boats to be lifted. Following discussion, SBH: P&Z COMSN: I SPECIAL COMM EVENTS: I ORIG TWNSTE: SCHOOLS: PAGE 337 ,,' ..,) .... ,"> ,) ~ REGULAR MEETING - MAY 14, 1979 VOLUME 18 X. UNFINISHED BUSINESS: (cont'd) it was the general consensus of the Council that the recommendation of the Harbor Commission be considered and Council recommendation to prorate the second hour of boat lift use would be included in a Resolution and presented at the next meeting. XI. NEW BUSINESS: A. The following items were noted as to the vacancies on the Seward Advisory Planning and Zoning Commission: "Notice of Vacancies of the Seward Planning and Zoning Commission" as published two times in the local newspaper Resignations from five members of the Planning and Zoning Commission Applications received from Robert F. Richardson, dated April 27, 1979; Daniel L. Walker dated May 1; Thomas G. Reese and Mick W. Inmon dated May 4; and Ronnie Lee Lewis dated May 9, 1979 A secret ballot was conducted with each Councilmember choosing three candidates and the Ac~ing City Clerk tallied the votes. Upon completion of the tally, the Clerk declared that Robert F. Richardson, Mick W. Inmon and Daniel L. Walker had received the most votes and thus were appointed to the Commission. B. April 17, 1979, letter from Chuck Echard, Chairperson of the Fourth of July Committee, in which he requested a blanket permit be issued to the Chamber of Commerce to waive the transient merchant ordinance for the Fourth of July and also to allow streets to be blocked off for the race activi- ties, was noted. City Manager stated that this had been the direction Council had taken the previous year. Following discussion, it was moved by Swartz, seconded by Potts and unanimously carried by all those present to give permission to the Fourth of July Committee to issue a permit to vending merchants on the Fourth of July. C. April 27, 1979, letter from Jerry L. Madden, Office of the Governor, regarding the Government Cable office at 218 Sixth Avenue in Seward, was being considered for nomination for Historic designation, was noted. It was the general consensus of the Council to approve the nomination if it was agreeable with the owner of the house. The property description is Lots 10 and 11, Original Townsite. XII. CITY MANAGER REPORTS: A. April 23, 1979, letter from Chris Roust, Facilities Coordinator, Department of Education, regarding proposed agreement allowing use of and capital improvements to the National Guard Armory by the Alaska Skill Center, was noted. Following discussion, it was moved by Gillespie, seconded by Campbell and unanimously carried as follows to give the City Manager the authority to sign the use permit with the Department of Education for the National Guard Armory. AYES: NOES: ABSENT: Campbell, Gillespie, Soriano, Swartz, Potts, Hugli Leer None B. City Manager read in full a May 14," 1979, letter to Paul Cowles, I Department of Transportation and Public Facilities relinquishing the City's right and title in Block 15, Federal Addition, including all improvements therein, reserving only to itself a right of access tothe First Lake Recreation area and emergency access road. Following discussion, it was moved by Campbell, FED seconded by Swartz and unanimously carried by all those present to concurr ADD/ with the City Manager in keeping the access right-of-way to First Lake across STREETS, the subject property. RDS, HWYS: * POTTS WAS EXCUSED FROM THE MEETING AT THIS TIME (9:05 P.M.) EXECUTIVE SESSION: Upon the request of the City Manager it was moved by Campbell, seconded by Potts and unanimously carried by all those present to meet in executive session regarding financial matters. Councilmembers and the City Manager attended the executive session in the City Manager's office from 9:05 to 9:27 p.m. ,).) u .),) (1 TV/ELE DEPT/ BllDGET: BUDGET: ELE DEPT: PAGE 338 REGULAR MEETING - MAY 14, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: (cont'd) C. City Manager reported on the items in the Governor's budget which had been passed by the legislature. He stated that Seward had received $40,000 for the television antenna , $40,000 for the hydro-electric project on Grant Lake and $86,000 in State Revenue Sharing Funds. D. City Manager stated that there would be a public hearing on May 28, 1979 to receive public comment on the proposed 1979-80 budget. He stated that the assessed valuation of the City was up a little which would raise the taxes and the mil rate remained at 13.5. He further stated that the miscellaneous revenues were hi~her due to the jail contract. He told that he had re~djusted expenditures and a big difference would be under the mayor/ council contingency fund which was up $70,000.,' He also stated that the Harbor was in good shape. He stated that there is not enough revenues under the present rates for water and electricity and it was inevitable to raise the rates approximately 25%. The budget would .be ready for adoption by the first meeting in June. E. In answer to a question from Campbell, City Manager stated that he would have definiite figures on a tenative contract with Chugach Electric by the next meeting. VIII. COUNCIL DISCUSSION: CC: A. It was the general consensus of the Council to change the next meeting date to the 29th of May due to Memorial Day on the 28th. SEWAGE TRMT: B. In answer to a question from Gillespie, City Manager stated that the sewage treatment project was in the design phase and it was to be a Fall bid with a Spring start-up date. C. In answer to a question from Gillespie, City Manager stated that PKS & REC:he had been working on the Seventh Avenue designation as a "high risk area" and would report on it later. ANIMAL CONTROLS: D. City Manager reported on the bid opening of the proposed dog pound and stated that two bids had been received. The high bid was from Wells Built Homes for $21,950 which included insulation and siding and the low bid was from Metco, Incorporated for $18,898. Following discussion, it was moved by Soriano, seconded by Swartz and carried as follows to accept the bid of Metco for $18,898. for a new dog pound and authorizing the City Manager to negotiate for a fence in trade of the siding and insulation: . AYES: NOES: ABSENT: Gillespie, Soriano, Swartz, Hugli Campbell Potts E. Gillespie suggested that the City invite the new General Manager ARR: of the Alaska Railroad to Seward in order for him to get acquainted with the area. XIV. CITIZENS' DISCUSSION: No one appeared from the audience in order to be heard. XV. ADJOURNMENT: The meeting was adjourned at 9:55 p.m. ;;~ ~' ~i~;y~c~~~i) ~~:~~~~~i;r~'~,~. / ,.' .. ,', (.~ ,.j r.'! I I INS: PKS & REC: INS: I BUDGET: PAGE 339 REGULAR MEETING OF MAY 29, 1979 VOLUME 18 I. CALL TO ORDER: The May 29, 1979, regular meeting of the Seward City Council 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 Campbell, Gillespie, Leer, Potts, Soriano, Swartz Present also: City Manager Johnson, City Attorney Jarrell, Administrative Assistant Schaefermeyer, Acting City Clerk-Treasurer Ledet IV. APPROVAL OF MINUTES: It was moved by Campbell, seconded by Soriano and unanimously carried by all those present to approve the minutes of May 14, 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested thatthe following items be added to the regular meeting agenda: VII. Citizens' Discussion: A. Jack Katzenmeyer, President of Clary Insurance Company IX. Ordinances and Resolutions: A. Corrected copy of Ordinance No. 474 page 2 Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried by all those present to approve the regular meeting agenda as amended and consent calendar as presented and the following actions were taken: 1. May 17, 1979, letter from Rollins, Burdic~ Hunter of Alaska, Chairman Suddock, thanking the City for selection of his company, was noted for information and filed. 2. May l4, 1979, letter to U.S. Senator Ted Stevens from the City Manager regarding "high risk area" designation, was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Councilmember Campbell gave a verbal report on the May 15, 1979, meeting. He stated that the Assembly had passed an Ordinance 79-20 which revises the Seward City Zoning Code. VII. CITIZENS' DISCUSSION: A. Jack Katzenmeyer, President of Clary Insurance Company, appeared from the audience and stated that his reason for coming before Council was to reclaim the City as a client. Richard Emery of Clary in Kenai, appeared from the audience and spoke in favor of his company and presented a proposal to the City and requested that the City rescind the Rollin~ Burdic~ Hunter broker of record letter. Gary Bosnick also appeared from the audience and spoke in favor of his company stating that Clary could give better service than in the past. Campbell stated that a year ago Rollins, Burdick Hunter of Alaska had approached the Council and proposed to give the City a savings for insurance coverage. Council stated that if they could indeed show a savings they would be considered for the City's insurance coverage. They had kept their part of the bargain and he felt that Council should keep theirs. Following discussion, it was the general consensus of the Council to retain Rollins, Burdick, Hunter of Alaska as the City's insurance agent. VII. PUBLIC HEARINGS: A. Public hearing was opened on the proposed City of Seward budget for fiscal year 1979-80 and the following items were noted: "Notice of Public Hearing" as published in the local newspaper two times BBDGET: ORD/ TRAILERS: ORD/ JLHTS SUB: ORD/ BAYVIEW SUB: , " PAGE 340 REGULAR MEETING OF MAY 29, 1979 VOLUME l8 VIII. PUBLIC HEARINGS: (cont'd) Line item revenue and expense summary budget sheets for the General Fund, Small Boat Harbor, Water and Electric Departments as prepared by the City Manager City Manager stated that there were major changes in the budget. He stated that there were no more anti-recession funds and the Senior Citizens were going to be a separate entity. He stated that this year the campground fees were going to be the responsibility and revenue of the harbor department. The total expenditures proposed for 1979-80 are $1,757,241. He stated that water revenues were down because the oil platforms had left and the crew boats were gone also. He told Council that the budget was a "bare bones" budget to keep from raising rates in the water and electric departments. For the harbor budget, City Manager stated that the total revenues are $316,800 proposed with a $40,000 sinking fund for replacement of equipment such as the boat lift. He stated that the Harbor would be buying a new boat, pick-up truck and a snow blower this year. Mayor Hugli asked for public comment and no one appeared from the audience in order to be heard and the public hearing was closed. City Manager stated that the insurance rating of a five may go to a six unless the City upgrades the present service. Council stated that the budget looked good. City Manager reported that there would be a public hearing on the proposed uses of $70,650 in Federal Revenue Sharing monies for fiscal year 1979-80 and requested that one Councilmember chair the meeting on June 4. Councilman Soriano volunteered to chair the meetings. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Copies being made available to the public, Hugli read by title only proposed Ordinance No. 474 relating to camper parks, entitled: An Ordinance Relating to Camper Parks Within the City of Seward, Alaska and Establishing Sections 21-23 through 21-34 of the Seward City Code It was moved by Gillespie, seconded by Leer and carried as follows to amend proposed Ordinance No. 474 by striking Section 21-30 (b): AYES: Campbell, Gillespie, Leer, Swartz, Hugli NOES: Soriano ABSENT: None Following discussion, it was moved by Soriano, seconded by Potts and unanimously carried by all those present to introduce Ordinance No. 474 as amended and set the public hearing date for June 25, 1979. B. Ordinances for Public Hearing and Enactment: 1. Copies being made available to the public, Hugli read by title only proposed Ordinance No. 472 levying the assessments for the Jesse Lee Heights Subdivision ImprOVIDent District, entitled: An Ordinance Levying the Assessment for the Special Improvement District Described as the Jesse Lee Heights Subdivision Sewer, Water and Street Improvement District and Repealing Resolution No. 79-15 and Ordinance No. 469 "Notice of Public Hearing" as published in the local newspaper on May 17 and 24, 1979, was noted. The public hearing was opened and no one appeared from the audience and the public hearing was closed. City Manager stated that this ordinance was correcting an error in Ordinance No. 469. It was moved by Potts, seconded by Gillespie and unanimously carried by all those present to enact Ordinance No. 472. 2. Copies being made available to the public, Hugli read by title only proposed Ordinance No. 473 levying the assessments for the Bayview Addition Improvement District, entitled: An Ordinance Levying the Assessment for the Special Improvement District Described as the Jesse Lee Heights Subdivision Sewer, Water and ORD/ BAYVIEW ADD I RES/ SBH I AK STATE OF: SBH: PAGE 34l REGULAR MEETING OF MAY 29, 1979 VOLUME 18 IX. ORDINANCES AND RESOLUTIONS: (cont'd) B. Ordinances for Public Hearing and Enactment: (cont'd) Street Improvement District and Repealing Resolution No. 79-16 and Ordinance No. 470 "Notice of Public Hearing" as published in the local newspaper on May 17 and 24, 1979, was noted. The public hearing was opened and no one appeared from the audience in order to be heard and the public hearing was closed. It was moved by Soriano, seconded by Leer and unanimously carried by all those present to enact Ordinance No. 473. C. Resolutions: 1. Copies being ffiade available to the public, Mayor Hugli read by title only proposed resolution setting new rates for the boat lift, entitled: A Resolution of the City Council of the City of Seward Revising the Fees for the Seward Municipal Boat Harbor Boat Lift Facility and Regulating Boat Lift Usage City Manager read this section of the proposed resolution: Section 1. 4. Boat Lift Charges: A fee of $75.00 shall be charged for the first hour of use or any portion or time less than one hour; If usage of the boat lift facility does not exceed sixty-six minutes, the fee shall be $75.00 If usage of the boat lift facility is more than sixty-six minutes but less than seventy-two minutes, the fee shall be $90.00. If usage of the boat lift facility exceeds seventy-two minutes the fee shall be $90.00 plus $7.50 for each six minute increment or portion thereof of such usage in excess of seventy-two minutes. 2. 3. 4. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 79-23. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. May 18, 1979, letter from J. Losby, Administrative Assistant at the office of the D-2 information requesting appointment of a person to chair the Alaska Consensus Correspondents on Resolving D-2 (A.C.C.O.R.D.) information sessions in Seward, was noted. Hugli opened the floor for suggestions and following discussion, it was the general consensus of Council to ask the Chamber of Commerce to nominate someone to chair the meetings. XII. CITY MANAGER REPORTS: A. City Manager stated that he was to meet with the new director of the ferry system the following morning (May 30). B. City Manager reported that Seward did not get the new grid as it did not pass the Free Conference Committee in Juneau. C. City Manager stated that last year the Ferry dock license was I $21,670 and it was $1,270 more than what the State could afford this year and he recommended lowering ~he charge to $20,400 for next's dock license. Following discussion, it was moved by Campbell, seconded by Soriano and uannimously carried WATERFRONT by all those present to negotiate a contract for $20,400 with the Ferry TRACTS: system for-the next year. ST, RDS, HWYS: SBH: D. City Manager stated that there was a need to correct culverts for drainage out on the dump road. He suggested purchasing a culvert so there would be two to divert the heavy flood run-offs. Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried by all those present to authorize the City Manager to spend $2500 for a culvert. E. City Manager stated that this last year was the first year for the harbor as an enterprise fund. He explained to Council that the City has auditors SBH: WATER/ SEWER: COMPTt ~S~DS, WATER FRONT TRACTS: PAGE 342 REGULAR MEETING OF MAY 29, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: (cont'd) who would like to set up the harbor in such a way that the building is either leased, given or sold to the harbor department as a matter of bookkee~ng It was the general consensus of Council to lease the building and land to the harbor. Julie Renwick, Harbor Commissione~appeared from the audience and expressed concern that the City might lease the land and building to the harbor at commercial rates as the other property in the Marina Subdivision presently are. F. City Manager stated that he would like to combine the water and sewer utility to make it a separate enterprise fund which would make it easier for bookkeeping. It was the general consensus of the Council to combine the sewer and water funds. G. City Manager stated that he City would be recelvlng State Revenue Sharing Funds and Resurrection River Road needs rebuilding and the State had agreed to do the construction if the City would pay for the fuel. He suggested budgeting $4000 for fuel. It was moved by Gillespie, seconded by Leer and unani- mously carried by all those present to give the City Manager the authority to spend money for State repairs on Resurrection River Road not to exceed $4000. XIII. COUNCIL DISCUSSION: A. In answer to a question from Campbell, Swartz stated that in regards to the historical house on the end of Third Avenue, which had been moved to prevent destruction, she would make some inquiries for further action. B. Leer stated that the area around the Teen Center had not been cleaned as required by the lease. City Manager stated that he had received a full report from the Center and quite a few improvements had been made but he would check into the clean-up. C. In answer to a question from Soriano, City Manager stated that a fence would be put up around the gravel at the beach. XIV. CITIZENS' DISCUSSION: A. Pat Williams, Ray Building, appeared from the audience and spoke INS: in favor of upgrading the insurance rating to keep it at a five. She stated tthat:businesses which may be looking at Seward as a potential location would look at the rating and decide not to establish in Seward. XV. ADJOURNMENT: The meeting was adjourned at 9:58 p.m. ,~<:::" .-'\).14 " Or F /.!.//, -," /' . ~thm"'~/ ,', udith M. .Ledet- ~cting Clty Clerk-Treasurer 7 /~ ( .l~ Rayrnon L. Mayor /' L(\ Hugli 4 (City Seal) .' J ./ ~ " I, '-''"'~ ""',",,,,,,.~...... ~-'"''''~' I BUDGET: ) PAGE 343 SPECIAL MEETING OF JUNE 4, 1979 VOLUME 18 I. CALL TO ORDER: The June 4, 1979, special meeting of the Seward City Council was called to order at 7:33 p.m. by Mayor pro tem Soriano. II. ROLL CALL: Present were: Mayor pro tem Soriano (Absent were Mayor Hugli; Councilmembers Gillespie, Campbell, Leer, Potts and Swartz) Present also: City Manager Johnson and City Clerk-Treasurer Shanley III. SPECIAL ITEMS: A. It was noted that the special meeting had been scheduled for the sole purpose of receiving public comment on the City's allocation and expenditure of approximately $70,650 in Federal revenue sharing funds for fiscal year 1979-1980. The public hearing was opened; no one appeared from the audience in order to be heard and the public hearing was closed. City Manager noted that the proposed allocation of the funds was as follows: $20,000 - Recreation Department 20,000 - Fire Department 30,656 - Street Department $70,656 IV. ADJOURNMENT: was adjourned at 7:35 p.m. I t%dlL~~~ Charles H. Soriano Mayor Pro Tem I PAGE 343 REGULAR MEETING OF JUNE 11, 1979 VOLUME 18 I. CALL TO ORDER: The June 11, 1979, regular meeting of the Seward City Council 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 Campbell, Gillespie, Potts, Soriano and Swartz (Absent, with Council consent, was Leer) Present also: City Manager Johnson, City Attorney Jarrell, Admin. Asst. Schaefermeyer and City Clerk-Treasurer Shanley f' ~ > PAGE 344 REGULAR MEETING OF JUNE 11, 1979 VOLUME 18 IV. APPROVAL OF MINUTES: Campbell referred to page 342 of the May 29, 1979, meeting minutes, XIII. Council Discussion: C. and stated that the gravel which was referenced was located on the 7th Avenue beach, not at Mile 5; the City Clerk so noted. It was moved by Campbell, seconded by Soriano and unanimously carried by all those present to approve the City Council regular meeting minutes of May 29, 1979, as amended. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following addition be made to the regular meeting agenda: VII. Citizens' Discussion: B. Jim Crawford - Alaska State Housing Authority City Manager displayed a trophy which the Director of the Alaska State Troopers had presented to the Seward Police Department and Chief Bencardino. City Manager distributed copies of the City budget report for the 11 month period ending May 31, 1979, and confirmed that the City was in good financial position. Following discussion, it was moved by Campbell, seconded by Swartz 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 1979, totaling $298,572.93, was approved for payment and filed. INSURANCE: 2. May 24, 1979, Invoice No. 47826 from Rollins, Burdick and Hunter in the amount of $14,541.75 for insurance coverage, was approved for payment and filed. PKS & REC: 3. May 30, 1979, Invoice No. 9802 from CH2M Hill in the amount of $1,970.41 for engineering services rendered through April 24, 1979, relative to the 7th Avenue greenbelt design, was approved for payment and filed. LEG REPS: 4. May 31, 1979, letter from Senator Stevens' office re- garding Seward's "high risk" areas as established by the Corps of Engineers following the 1964 earthquake, was noted for information and filed. CIVIL DEFENSE: 5. June 4, 1979, letter from the Division of Emergency Services Director Newbury, regarding civil defense equipment, was noted for information and filed. FIRE DEPT: 6. June 4, 1979, letter from the State Fire Marshall regarding required fire sprinkler protection for existing basements, was noted for information and filed. INSURANCE: 7. June 4, 1979, letter from Clary Insurance Agency Seward Manager Tillotson, requesting the opportunity to submit a proposal for City insurance coverage for fiscal year 1980-81, was noted for information and filed. 8. Letter received June 6, 1979, from the Seward Chamber of Commerce regarding the 4th of July parade, was noted for information only. VI. BOROUGH ASSEMBLY REPORT: Campbell gave a verbal report on the Kenai Peninsula Borough Assembly meeting of June 5, 1979. OCEANVIEW SUB: I I LOCAL RES: I PAGE 345 REGULAR MEETING OF' JUNE 11, 1979 VOLUME 18 VII. CITIZENS' DISCUSSION: A. Dr. Howard Cutler, Chancellor, University of Alaska, Fairbanks; Dr. Vera Alexander, Director of the Institute of Marine Sciences; and, George Mueller, Manager of the Seward Marine Station, appeared to discuss the University's request for a time extension to meet the development requirements of Lots 1-3, Block 5, Oceanview Subdivision, as acquired under the R-2l Urban Renewal Project in 1975. A copy of a portion of the City Council meeting minutes of July 10, 1978, at which time the Council granted a year's extension to the University for development of the subject property, was noted. The following items were dis- tributed to Council relative to the history of the University's acquisition of the parcel of land and attempts at obtaining funding for development: May 17, 1978, letter from City Admin. Asst. Schaefermeyer to Alfred George, University Land Management June 23, 1978, letter from University of Alaska President Diebold to Schaefermeyer in response to the May 17 correspondence July 11, 1978, letter from City Manager Johnson to President Diebold, notifying of Council-approved year extension on development of the subject parcel August 17, 1978, letter from President Diebold to City Manager Johnson with "History of Capital Projects at Seward" attached Dr. Cutler appeared from the audience and read a prepared statement, requesting the Council grant the University a two year extension to proceed with efforts to get a proposed bonding package approved for funding of a public education facility to be located on Lots 1-3, Block 5, Oceanview Subdivision. He dis- tributed to Council "Summary Report on the Institute of Marine Science - Seward" and "Progress Report to the City of Seward - Seward Marine Station Facility" and spoke on the need for better communications between the City government and the Seward Marine Station, stressing his intentions to strive for such. City Manager spoke in favor of Council granting the requested two year extension. In answer to a question from Potts, Cutler confirmed that funding for the Seward public educational facility was a top priority for the University of Alaska, Fairbanks, and he would submit the project to the University Board of Regents. Following discussion, it was moved by Gillespie, seconded by Soriano and unanimously carried by all those present, to grant the Institute of Marine Sciences a two year extension for their next phase of development for Lots 1-3, Block 5, Oceanview Subdivision, ORGS/ B. The following items were noted as to the Alaska State Housing Authority's (ASHA) request that the City apply, on behalf of ASHA, for a Senior Citizens' Development Program grant/loan not to exceed $239,000, from the State Department of Community and Regional Affairs, in order to meet the gap financing need for the Seward senior citizens' housing project: June 1, 1979, letter and attached "Program Description" pamphlet from the State Department of Community and Regional Affairs, Division of Community Planning, re- garding the Senior Citizens' Housing Development Fund grant/loan program available to municipalities June 5, 1979, letter and attached draft ordinance and resolution from ASHA Deputy Executive Director Crawford, requesting the City accept the role of "financial conduit" for the receipt of funds from the Senior Citizens' Housing Development Fund ASHA's Deputy Executive Director James Crawford appeared from the audience and spoke and answered questions on ASHA's request that the City apply for the grant/ loan monies and, if awarded, assign them to ASHA for the Seward senior citizens' housing project. In answer to Council questions, Crawford clarified that only municipalities could apply for the monies from the Senior Citizens' Housing Development Fund. He stated that if the grant monies were received, ASHA would " I PAGE 346 REGULAR MEETING OF JUNE 11, 1979 VOLUME 18 VII. CITIZENS' DISCUSSION: (cont'd) LOCAL ORGS/ RES: (cont'd) be agreeable to entering into a contract with the City to indemnify the City from any liability and to certify that ASHA would cover the costs of the required final audit. Campbell voiced concern that the ordinance, if enacted, contain an expiration date of January 31, 1980, the date for completion of the senior housing project. In response, the City Attorney stated it would not be legally necessary to amend the ordinance; however, he recommended an amendment to the proposed resolution relative to ASHA would release the City from any liability which might arise in connection with the expenditure of the grant funds. In answer to a question from Potts, Crawford confirmed that ASHA would prepare the grant application and, in effect, all the City would be doing is "signing off on the dotted line". Following discussion, the City Manager requested a recess in order to allow the City Attorney time to draft an amendment to the proposed resolution. RECESS: The meeting was recessed at 8:27 p.m.; reconvened at 8:34 p.m. Copies being made available to the public, the following ordinance was noted by title only: An Ordinance of the City of Seward, Alaska, Providing for the Assumption of Housing and Urban Development Powers It was moved by Hugli, seconded by Campbell and unanimously carried by all those present to introduce proposed Ordinance No. 475 and schedule a public hearing for June 25, 1979. Copies being made available to the public, the following resolution was noted by title only: A Resolution Authorizing the City of Seward to File, and Authorizing Signature for a Grant/ Loan from the Senior Citizens' Housing Develop- ment Fund, State of Alaska City Attorney read in full the proposed amendment regarding a contract between the City and ASHA which would indemnify the City from any liability, to be added as paragraph four of the resolution: BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to enter into an agreement with the Alaska State Housing Authority (ASHA) whereby ASHA agrees to indemnify the City of Seward from all adminis- trative expenses and claims for damages arising from the management and construction of the senior citizens' housing project in Seward in exchange for the City's passing on to ASHA any funds received from the Senior Citizens' Housing Grant from the Alaska Department of Community and Regional Affairs. Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 79-26 as amended. VIII. PUBLIC HEARINGS: BUDGET: A. Public hearing was opened on the City of Seward proposed budget for fiscal year 1979-80 and "Notice of Public Hearing" as published two times in the local newspaper and posted, was noted. City Manager confirmed it was the third and final hearing on the $70,656 in Federal revenue sharing funds which were contained in the overall budget, proposed to be allocated as follows: $ 20,000 - Recreation Department 20,000 - Fire Department 30,656 - Street Department No one appeared from the audience in order to be heard and the public hearing was closed. City Manager read a portion of his cover letter which was attached to the proposed budget. He spoke on his proposal to relieve the City Clerk of the token title of Treasurer and charge the Administrative Assistant with the Treasurer duties as well as Special Projects and Purchasing. (See IX. Ordinances and Resolutions: C. Resolutions, item 2 for adoption of Resolution No.79-25, adopting the City budget for fiscal year 1979-80.) ,-' '{7 .,', oj PAGE 347 REGULAR MEETING OF JUNE 11, 1979 VOLUME 18 IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. (See VII. Citizens Discussion, item B. for introduction of proposed Ordinance No. 475 regarding the assumption of housing and urban development powers relative to the Senior Citizens' Housing Project.) B. Ordinances for Public Hearing and Enactment: I TRAILERS/ 1. Copies being made available to the public, Hugli noted by ORDS: title only proposed ordinance regarding camper parks, entitled: An Ordinance Relating to Camper Parks Within the City of Seward, Alaska, and Establishing Sections 2l-23 Through 21-34 of the Seward City Code City Attorney noted various minor grammatical changes in the ordinance. In answer to a question from Gillespie, City Manager confirmed that the City would be in compliance with the ordinance relative to the clause requiring flush toilets. 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 Soriano, seconded by Gillespie and unanimously carried by all those present, to enact Ordinance No. 474. (It was noted after conclusion of the meeting that the public hearing notice as published in the local newspaper had scheduled the hearing date for June 25, 1979; therefore, action taken by the Council above is null and void.) C. Resolutions: COMPTROLLER/ RES: title only entitled: 1. Copies being made available to the public, Hugli noted by proposed resolution regarding signatures for City bank accounts, I A Resolution Authorizing Signatures for City Bank Accounts and Rescinding All Previous Resolutions in Conflict Herewith City Manager explained that the ordinance reinstated City Clerk Shanley as a signee on City checks, drafts, etc. It was moved by Gillespie, seconded by Campbell and unanimously carried by all those present to approve Resolution No. 79-24. BUDGET/ RES: 2. (See also VIII. Public Hearings, item A.) Copies being made available to the public, Hugli noted by title only proposed resolution regarding the City budget for fiscal year 1979-80, entitled: A Resolution Adopting the City Budget and Appropriating Funds for Fiscal Year 1979-1980 It was moved by Soriano, seconded by Campbell and carried as follows to approve Resolution No. 79-25: Ayes: Noes: Absent: Campbell, Hugli, Potts, Soriano and Swartz Gillespie Leer I 3. (See VII. Citizens' Discussion, item B. for approval of Resolution No. 79-26 authorizing the City to file for a grant for the Seward Senior Citizens' Housing Project.) X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. (See VII. Citizens' Discussion, item B. for discussion relative to the June 1, 1979, letter from the Department of Community and Regional Affairs, Elderly Housing Administrator Crane, requesting the City submit a grant application for partial funding of the Seward Elderly Housing Project. PAGE 348 REGULAR MEETING OF JUNE 11, 1979 VOLUME 18 XI. NEW BUSINESS: (cont'd)' SISTER CITY: B. May 21, 1979, letter from Mayor Tamoto of Sister City Obihiro, Japan, regarding the summer student exchange program, was noted. City Manager stated a group of Seward residents had been invited to go to Obihiro and a small group were planning on departing August 3. He stated the Mayor would be unable to accompany the party and requested that, in recognition and apprecia- tion of Mr. Whitmore's service to the Sister City and student exchange program throughout past years, the Council allocate $800 for Brent Whitmore to go in the Mayor's stead. It was moved by Swartz, seconded by Campbell and unani- mously carried by all those present to assist in the sum of $800 for Brent Whitmore to travel to Obihiro as Seward's official representative in the Mayor's absence. XII. CITY MANAGER REPORTS: CLIFF ADDN: A. City Manager reminded Council of Pat O'Brien's earlier request to purchase City-owned Lot 6, Block 8, Cliff Addition. He stated, as directed by Council, O'Brien's request had been presented to the Planning and Zoning Commission and the Commission had recommended that the parcel of land be placed for public auction. City Manager explained the procedure which had to be followed, pursuant to the City Code, for the disposition of City property. It was the consensus of the Council that the property should be sold by sealed bid. City Manager stated an appraiser would be in town during the week and the lot would be appraised with a minimum bid amount established. Hugli, with Council consent, directed the City Manager to proceed with the plans to sell Lot 6, Block 8, Cliff Addition by sealed bid. WATER DEPT: B. City Manager stated the provisions of the Seward City Code relating to water service was ambiguous in that Section 22-9 stated that commercial and industrial us'ers shall be metered; however, Section 22-11 set forth a flat rate to be charged various types of businesses. He stated the conflict came to light when James Pruitt had requested water service to his car wash facility and it was found that no reference had been made to a car wash in Section 22-11. City Manager stated water rates would have to be increased in the near future and spoke in favor of the City progressing to a metered system for commercial and industrial users. Potts stated the City constantly pointed to its over-abundant supply of water as a positive economic development factor, but if meters were going to be installed the City would have to raise the water rates substantially to amortize the equipment costs. Gillespie stated he would rather have his office building metered because under the present water rates he is charged $8 per unit and stated he felt assured that a metered system would be less expensive in his case. Following discussion, City Manager, with Council consent, requested he be authorized to charge Pruitt's car wash the same water charges as a laundro- mat, install the meter and check the readings for a few months to compare rates and, further, to move the meter to a few other local businesses to take readings on the amounts of water used, with a report to Council on his findings at a later date. C. City Manager informed Council of the no-host cocktail party to be held at the Elks Club on Friday, June 15 at 6:30 p.m. with the guests to be members of the Anchorage news media. He encouraged all the Councilmembers to attend. D. City Manager stated he had received a letter from Marilyn Plymire stated that a descendant of Seward's namesake, William Seward, wanted to present a gift to the City. Potts recommended that the Chamber be contacted and asked if something was needed for the railroad car. Swartz suggested that the library also be queried. E. City Manager commented that with a total City budget of $3,229,830 for fiscal year 1979-80 not one public comment had been made during the course of three public hearings. I I I PAGE 349 REGULAR MEETING OF JUNE 11, 1979 VOLUME 18 XIII. COUNCIL DISCUSSION: A. Swartz spoke against the frequent and lengthy road closures between Miles 6-24 of the Seward Highway. Potts also commented that the road had not been watered the previous weekend and the dust caused hazardous driving conditions. He also asked if the closures at the Seward end of the highway could be better coordinated with the Anchorage closures. City Manager stated he would discuss the Council's concerns with the Project Engineer. B. Letter received June 6, 1979, from Marion Frickey, objecting to the $3 camping fee, was noted. City Manager stated that garbage bins, portable toilets and, in certain locations, water, was provided for the campers. C. Swartz stated a hazardous condition was caused by the metal strips and bolts protruding from the sidewalk south of Kawabes. She stated the hardware was used to tie down garbage cans but no can was located there at the present time. City Manager confirmed he would take care of the condition. XIV. CITIZENS' DISCUSSION: A. $3.25 camping best facility Oscar Watsjold fee in Homer. in the State. appeared from the audience and spoke on the Further, he added that Seward's harbor was the XV. :7 ;/)~ / .' . / / ~ /" ' ~ay~Ugl'i Mayor ( (City PAGE 349 REGULAR MEETING OF JUNE 25, 1979 VOLUME 18 I. CALL TO ORDER: The June 25, 1979, regular meeting of the Seward City Council 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 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 Campbell, seconded by Soriano and unanimously carried by all those present to approve the City Council regular meeting minutes of June 11, 1979, as written. . '. /1 .. ..,I PKS & REC: ELECTRIC DEPT: ELECTRIC DEPT: ANIMAL CONTROLS: WATER DEPT: SEWARD FISHERIES: U .S.F .S.: CLIFF ADDN: PAGE 350 REGULAR MEETING - JUNE 25, 1979 VOLUME 18 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following emergency ordinance be added to the regular meeting agenda: IX. Ordinances and Resolutions: B. Ordinances for Public Hearing and Enactment: 3. Proposed Ordinance No. 477 regarding the purchase of land on Lowell Point for location of a secondary sewage treatment plant It was moved by Soriano, 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. June 11, 1979, Invoice No. 9821 from CH2M Hill in the amount of $5,382.20 for engineering services rendered relative to the 7th Avenue greenbelt, was approved for payment and filed. 2. June 15, 1979, Invoice No. 9827 from CH2M Hill in the amount of $1,000.14 for engineering services rendered relative to the hydropower alternative study, was approved for payment and filed. 3. June 15,. 1979, Invoice No. 9825 from CH2M Hill in the amount of $2,318.95 for services rendered relative to the electric rate and power supply negotiations, was approved for payment and filed. 4. June 15, 1979, invoice received from Trans-Alaska Engineering in the amount of $821.25 for design drafting for the dog pound was approved for payment and filed. 5. June 15, 1979, invoice received from Trans-Alaska Engineering in the amount of $436.05 for water utility mapping services, was approved for payment and filed. 6. Environmental Services Ltd. Invoice No. 500.56.2 in the amount of $670.41, received June 18, 1979, for the Seward Fisheries fish meal plant study, was approved for payment and filed. 7. June 13, 1979, letter from the U.S. Forest Service, Regional Forester Sandor, regarding the proposed Marine Park System, was noted for information and filed. *LEER ARRIVED AT THIS TIME AND HEREAFTER TOOK PART IN THE MEETING. VI. BOROUGH ASSEMBLY REPORT: Campbell gave a verbal report on the Kenai Peninsula Borough Assembly meeting of June 19, 1979. He reported that the Borough tax rate had been set at 2.5 mils for the coming year. VII. PUBLIC HEARINGS: A. Public hearing was opened on the proposed sale of City-owned Lot 6, Block 8, Cliff Addition, by the sealed bid process and "Notice of Public Hearing" as published two times in the local newspaper and posted pursuant to City ordinance, was noted. No one appeared from the audience in order to be heard and the public hearing was closed. Hugli noted that bids would be opened at the August 13 Council meeting and a resolution approving sale of the parcel would also be presented at that time for Council action. VIII . CITIZENS' DISCUSSION: No one appeared from the audience at this time in order to be heard. ELECTRIC DEPT: I TRAILERS / ORDS: I LOC ORGS/ ORDS: I PAGE 351 REGULAR MEETING - JUNE 25, 1979 VOLUME 18 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 adoption of the 1978 National Electrical Code, entitled: An Ordinance Relating to Electricity, Amending Section 9-1 of the Seward City Code City Manager stated that the ordinance would update the current City Code reference to the 1976 National Electrical Code. It was moved by Gillespie, seconded by Soriano and unanimously carried to introduce proposed Ordinance No. 476 and schedule a public hearing for July 23, 1979. B. Ordinances for Public Hearing and Enactment: 1. Copies being made available to the public, Hugli noted by title only proposed Ordinance No. 474, entitled: An Ordinance Relating to Camper Parks Within the City of Seward, Alaska, and Establishing Section 21-23 Through 21- 34 of the Seward City Code "Notice of Public Hearing" as published two times in the local newspaper and posted pursuant to City ordinance, was noted. City Manager explained that the ordinance had been presented for action at the June 11 Council meeting in error since the public notice had scheduled June 25 as the hearing date; therefore, the June 11 action of the Council to enact the ordinance was invalid. 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 after reviewing the ordinance closely, he would recommend that the Council not enact it in its present form, stating it was too restrictive and over- regulated the same tourist industry which the City was trying to attract. Discussion followed in which the Councilmembers gave the City Attorney direction on amendments to the ordinance including the relaxation of restrictions on incidental-type occupancy, addressing those charter boat operations located in trailers parked in the harbor area during the summer months, as well as lessening of the 20 foot required distance between parked campers. Swartz and Campbell voiced the need for members of the community affected by such an ordinance to come forth and give the Council some suggestions. Gillespie stated the redrafted ordinance should again be presented to the Harbor Commission for their comments. In answer to a question from the City Manager, Potts and Gillespie, with Council consent, stated that Tesoro be granted a six month renewal to their camper park permit which expired June 30. Following discussion, it was moved by Campbell, seconded by Swartz and unanimously carried to table Ordinance No. 474 until the meeting of July 9, 1979, and, at that time, reintro- duce the revised ordinance. 2. Copies being made available to the public, Hugli noted by title only proposed Ordinance No. 475, entitled: An Ordinance of the City of Seward, Alaska, Providing for the Assumption of Housing and Urban Development Powers "Notice of Public Hearing" as published two times in the local newspaper and posted pursuant to City ordinance, was noted. City Manager confirmed that the ordinance had been requested by the Alaska State Housing Authority and was directly related to the Agency's construction of a senior citizens' housing project in Seward. 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. In answer to a question from Campbell, City Attorney confirmed that there was nothing improper in the content of the ordinance. Campbell stated he was still concerned that the ordinance should be rescinded immediately upon completion of the elderly housing project. City Manager confirmed that upon completion of the project, scheduled for January 1980, the administration would bring the ordinance before the Council for consideration of rescission. Following discussion, it was moved by Potts, seconded by Leer and unanimously carried to enact Ordinance No. 475. . , ,- -... PAGE 352 REGULAR MEETING - JUNE 25, 1979 VOLUME 18 IX. ORDINANCES AND RESOLUTIONS: (cont'd) B. Ordinances for Public Hearing and Enactment: (corrt'd) SEWAGE TRTMT/ 3_ Copies being made available to the public 8nd oistributed to ORD: Council, Hugli noted by title only proposed emergency Ordinance No. 477, entitled: An Ordinance Authorizing the Purchase of Land on Lowell Point for a Secondary Treatment Plant and Declaring an Emergency City Manager stated that the option the City held on 11.1 acres of property in the Deacon Subdivision, Lowell Point area, for the location of a secondary sewage treatment plant, expired on June 30, 1979. He stated that although another option could probably be purchased, he recommended that the City authorize the purchase of the property at this time. He stated an appraisal had been completed on the parcel and the appraiser had stated that $10,000 per acre was a fair, marketable price. 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 referred to the June 7, 1979, letter from the State Department of Environmental Conservation (listed as Agenda item XII. City Manager Reports: A.) regarding the regulatioRS for administering the secondary sewage treatment waivers. He stated that he would recommend the City proceed with the secondary treatment facility even though waivers were available, stating secondary treatment would be less expensive to operate in light of all the regulations the Environmental Protection Agency had placed on primary treatment facilities. Following discussion, it was moved by Campbell, seconded by Leer and unanimously carried that an emergency existed and to enact Ordinance No. 477 for the purchase of 11.1 acres from Ethel Hardy at a price not to exceed $111,000. C. Resolutions: BUDGET/ RES: 1. Copies being made available to the public, Hugli noted by title only proposed resolution revising the Fiscal Year 1978-79 budget, entitled: A Resolution Appropriating Funds Received in Excess of Those Forecase and Revising the City Budget for Fiscal Year 1978-79 to Reflect the Appropriation of Funds City Manager spoke and answered received by the City beyond the the allocation of those funds. seconded by Swartz and carried questions on the $70,926 in additional revenues amount budgeted for the 1978-79 fiscal year and Following discussion, it was moved by Campbell, as follows to approve Resolution No. 79-27: Ayes: Noes: Absent: Campbell, Gillespie, Hugli, Leer, Soriano and Swartz Potts None AK, STATE OFf 2. Copies being made available to the public, Hugli noted by RES: title only proposed resolution selecting land pursuant to the Municipal Land FOURTH OF Entitlement Act, entitled: JULY CREEK AREA: A Resolution Selecting Certain Parcels of Land Nominated by the City of Seward Pursuant to the Municipal Land Entitlement Act City Manager stated approval of the resolution was necessary in order for the City to acquire title to the two surveys in the 4th of July Creek area. He stated if all went as scheduled the City would have working title to the property in July and patent to the land in September of this year. Following discussion, it was moved by Campbell, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 79-28. x. UNFINISHED BUSINESS: None XI. NEW BUSINESS: None I I I PAGE 353 REGULAR MEETING - JUNE 25, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: A. the following Energy Impact ship yard to City Manager reported on the meetings he would be having day with representatives of the State and Federal Coastal Programs regarding possible funding for the newly-proposed be located in the 4th of July Creek area. B. City Manager distributed and read in part letter dated May 4, 1979, from the Municipality of Anchorage, Anchorage Municipal Light and Power, regarding negotiations for the sale of non-firm wholesale power to the City of Seward on a cost of service basis. He stated the rate for the Eklutna power had been estimated at 1.62552 cents per KWH delivered at the Anchorage substation and he anticipated the price to be under 2 cents per KWH when it reached Seward. He stated that a wheeling contract would have to be negotiated with Chugach Electric Association and Anchorage Municipal Light and Power had voiced willingness in assisting the City in those negotiations. He compared the Eklutna power price with the 4.2 cents per KWH which Chugach Electric Association representatives had quoted at a previous meeting. C. City Manager reviewed the niSCUSRions which had taken place Friday with representatives of Northern Offshore Inc., an Alaskan corporation, and Burmeister and Wain A/S of Copenhagen, Denmark, who were proposing to construct a ship yard to be located in the 4th of July Creek area. He spoke on the firms' request for assistance with construction of an access road, dock and utilities. He stated he was proceeding to survey the parcels at the proposed site and, further, would be meeting with Dave Rose of the Alaska Municipal Bond Bank in the near future to discuss methods of funding the project. City Manager requested authority to also initiate the investigation of combining a commercial boat harbor with the ship yard development. In response to a question, City Manager stated construction start-up was scheduled for the spring of 1980 with completion set for October of the same year. Gillespie stated the project should be the City administration's top priority. Soriano stated that when deciding upon the location of the ship yard, future development and the highest use of the property available should be considered. D. City Manager requested permission to be absent from the July 9 Council meeting; no objection was voiced. XIII. COUNCIL DISCUSSION: A. Swartz commented on the lack of parking adjacent to City Hall and stated that it appeared that the employees were not utilizing the parking lot constructed for their use. She stated it should be made clear that the north parking lot could also be used by the public. B. City Manager stated that the guest speaker at the Chamber of Commerce luncheon scheduled for Thursday, June 28, would be John Cook, the new Regional Manager for the National Park Service. He urged all Council- members to attend and pose any questions they might have regarding Resurrection River Road, Exit Glacier and the Kenai Fjords National Monument. XIV. CITIZENS' DISCUSSION: No one appeared from the audience at this time in order to be heard. XV. ADJOURNMENT: adjourned at 9:16 p.m. t r 1 I r ,_; i._j PAGE 354 SPECIAL MEETING - JUNE 29, 1979 VOLUME 18 I. CALL TO ORDER: The June 29, 1979, special meeting of the Seward City Council was called to order at 4:04 p.m. by Mayor Hugli. II. ROLL CALL: Present were: Mayor Hugli; Councilmembers Campbell, Leer, Potts, Soriano and Swartz (Absent, with Council consent, was Gillespie) Present also: City Manager Johnson, Admin. Asst. Schaefermeyer and City Clerk-Treasurer Shanley III. SPECIAL ITEM: SP COM EVENTS/ A. Hugli explained that the special meeting had been called in order POLICE: to discuss the 10 percent surcharge which the Chamber of Commerce was charging profit and non-profit, local and non-local organizations wanting to set up booths and sell items on the 4th of July. He stated the City had issued a blanket transient merchant permit to the Chamber to handle the 4th of July vendors for the past two years; however, at the time of the issuance of the permit this year there had been no mention made of the fee to be levied the merchants. He commented he had received complaints from various citizens, including members of the Catholic Church, the organization which annually sold barbecue chicken on the Holiday. Herman Leirer, a member of the Catholic Church, appeared from the audience and stated he wanted to point out that the complaints had not come officially from the Catholic Church organization, but, rather from individuals affiliated with the Church. Hugli stated that he felt the 10 percent charge was unreasonable and had a negative affect on the pro- motion of tourism in the City. He stated he would have preferred that the Chamber had approached the Council for partial funding of the activities rather than levying the individual merchants. Hugli stated his objection was based on the levying of a fee against non-profit organizations where individual citizens were donating their time to raise funds fora worthy cause. Campbell pointed out that the Chamber of Commerce was also a non-profit organization with many individuals devoting their time and efforts to various projects. Swartz stated the Chamber had decided to levy the 10 percent fee after discussing the organization of a successful event such as the 4th of July with members of the Fur Rondezvous Committee. Campbell voiced support of the surcharge however spoke in support of the Chamber being more vocal about the funds they received from various events and how those funds were later expended. He commented that the City Council might want to make the 4th of July activities a budgeted item the following fiscal year. City Manager stated he had talked to the City Attorney that afternoon and had been informed that legally the only vendors the Chamber of Commerce could charge under the blanket permit issued by the City Council were the non-profit organizations; profit organizations would still have to come to the City and apply for and be granted a transient merchant/vendor license at the rate of $50 a day plus the posting of a $5000 faithful performance bond. He stated the legal opinion had been received too late to put into effect this year; however, this procedure would be followed next year. Ray Gillespie, David Hudspeth, Roy Mattson, Beverly and Willard Dunham and Dale Clemens appeared from the audience and spoke in support of the Chamber of Commerce's levying the 10 percent fee in order to help defray the costs of advertising and other related expenses that are part of organizing a successful event such as the 4th of July. ~ r , .' !. ( I. . - ~ (),' R'Wmon L. Hu'g'ti Ii;, Mayor ~'.~, -. -- .- - .) (Ci ty ~~l.\. . .c);. ,,' L7~.-v-....""'W_ I I I WATER DEPT: ", >"1' PAGE 355 REGULAR MEETING - JULY 9, 1979 VOLUME 18 I. CALL TO ORDER: The July 9, 1979, regular 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 and Soriano (Absent, with Council consent, were Leer, Potts and Swartz) Present also: Acting City Manager Schaefermeyer and City Clerk Shanley IV. APPROVAL OF MINUTES: It was moved by Gillespie, seconded by Soriano and unanimously carried by allfuose present to approve the regular meeting minutes of June 25, 1979, and the special meeting minutes of June 29, 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Acting City Manager requested that the following items be added to the consent calendar: 4. April 19, 1979, invoice from Price Waterhouse and Company in the amount of $1,906.92 for audit of the Seward water system improvement project 5. June 27, 1979, invoice from Price Waterhouse and Company in the amount of $1,402.71 for audit of the Seward water system improvement project He confirmed that the two invoices represented the total cost for the audit of the water project. Acting City Manager requested that the following additions be made to the regular meeting agenda: VIII. Citizens' Discussion: A. Presentation by Sara Horrell and Barbara Viale regarding the Miss Seward Scholarship Pageant XIII. Council Discussion: C. July 3, 1979, letter from The Alaska Railroad requesting a zoning ordinance waiver for location of a cafe lounge car on the railroad spur in the Small Boat Harbor area Acting City Manager requested that the following item be deleted from the agenda, postponing introduction of the ordinance until the July 23 regular meeting due to the fact that the revised ordinance had just been received that evening: IX. Ordinances and Resolutions: A. Ordinances for Introduction: 1. Proposed revised Ordinance No. 474 regarding camper parks Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried by all those present to approve the regular meeting agenda and consent calendar as amended and the following actions were taken: 1. April 4, 1979, Invoice from Trans-Alaska Engineering for reimbursement of $14,500 held as retainage for the water system expansion project, was approved for payment and filed. I ' f~ ..... 4 TH OF JULY CREEK AREA: JESSE LEE HTS SUB: WATER DEPT: WATER DEPT: SPEC COM EVENTS: PAGE 356 REGULAR MEETING - JULY 9, 1979 VOLUME 18 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) 2. June 18, 1979, Invoice No. 03179 from Arctic Environmental Engineers in the amount of $46,670 representing final payment of the Fourth of July Creek feasibility study, was approved for payment and filed. 3. June 18, 1979, Invoice No. 04379 from Arctic Environmental Engineers in the amount of $1,800 for survey work in the Jesse Lee Heights Sub- division, was approved for payment and filed. 4. April 19, 1979, invoice from Price Waterhouse and Company in the amount of $1,906.92 for audit of the Seward water system improvement project, was approved for payment and filed. 5. June 27, 1979, invoice from Price Waterhouse and Company in the amount of $1,402.71 for audit of the Seward water system improvement project, was approved for payment and filed. VI. BOROUGH ASSEMBLY REPORT: Councilmember Campbell gave a verbal report on the Kenai Peninsula Borough Assembly meeting of July 3, 1979. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: A. Sara Horrell appeared from the audience and spoke on the Miss Seward Scholarship Pageant as held June 30, 1979, for the first time in many years. She stated the Committee which organized the Pageant would like to see it become an annual event; however, additional financial support and manpower was needed. She spoke on the costs of the Pageant and various fund raising activities with which the Committee would be involved. She urged the City to utilize Barbara Viale, newly-chosen "Miss Seward", in a hostess capacity throughout the year. Hugli voiced support for the Pageant and spoke in favor of Council assisting financially with the event. Campbell stated he would be in favor of funding $500 for the scholarship fund for this year's Pageant and encouraging Horrell to return with an itemized list of the costs of producing the Pageant and other related expenditures and the Council, at that time, would consider a yearly budgeted contribution to the Pageant. Following discussion, it was moved by Campbell, seconded by Gillespie and unanimously carried by all those present that the City of Seward, as part of its public relations function, subscribe in the amount of $500 for this year's winner's scholarship. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Introduction of proposed revised Ordinance No. 474 regarding camper parks was continued to July 23, 1979, due to the late arrival of the draft ordinance. B. Ordinances for Public Hearing and Enactment: None C. Resolutions: CITY MANAGER/ 1. Copies being made available to the public, Hugli read by RESOLUTION: title only proposed resolution regarding the City Manager's salary for fiscal year 1979-80, entitled: A Resolution Setting the Salary for the City Manager and Rescinding All Prior Resolutions in Conflict Herewith C MANAGER/ RES: (cont'd) Ic ,...) ~.' i PAGE 357 REGULAR MEETING - JULY 9, 1979 VOLUME 18 IX. ORDINANCES AND RESOLUTIONS: (cont'd) C. Resolutions: (cont'd) Acting City Manager referred to the memo from the City Clerk dated July 4, 1979, explaining that the requested salary increase for the City Manager and Clerk contained the 10.5 percent Cost of Living Allowance and a 2.5 percent step increase afforded all other City employees pursuant to the Personnel Ordinance. It was moved by Soriano, seconded by Campbell and unanimously carried by all those present to approve Resolution No. 79-29, setting the salary for the City Manager at $3,727.93 per month. CLERK/ 2. Copies being made available to the public, Hugli read by RES: title only proposed resolution regarding the City Clerk's salary for fiscal year 1979-80, entitled: WATERFRONT TRACTS/RES: I POLICE DEPT: I POLICE DEPT: A Resolution Setting the Salary for the City Clerk and Rescinding All Prior Resolutions in Conflict Herewith It was moved by Soriano, seconded by Campbell and unanimously carried by all those present to approve Resolution No. 79-30, setting the salary for the City Clerk at $2,235.52 per month. 3. Copies being made available to the public, Hugli read by title only proposed resolution regarding lease of the 4th Avenue Dock and the "old depot", located in the Waterfront Tracts, to the State of Alaska, entitled: A Resolution of the City Council of the City of Seward, Alaska, Authorizing the Disposition of the Use of the Seward City Dock and Rescinding All Prior Resolutions in Conflict Herewith Acting City Manager stated approval of the resolution was necessary in order to extend for another year the rental of the "old depot" building and preferential use of the 4th Avenue Dock by the State Ferry System. He stated a resolution had been approved earlier in the year with a higher rental amount; however, in continued negotiations, the State had reduced the yearly fee and signed the Lease and Dock License Agreement at a total cost of $20,400 for the period July 1, 1979, through June 30, 1980. Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 79-31. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: None XII. CITY MANAGER REPORTS: A. Acting City Manager stated the administration had been negotiating with Hertz Rent-a-Car for the purchase of two 1978 Chevrolet Caprice 4-door sedans for use by the Police Department. The cars were being offered at $4,600 each, the total cost of $9,200 within the budgeted allocation for fiscal year 1979-80. He requested Council approve purchase of the vehicles. Following discussion, it was moved by Soriano, seconded by Gillespie and unanimously carried by all those present to expend $9,200 for the purchase of two 1978 Chevrolet Caprices for the Police Department. B. Acting City Manager stated a new jail contract had been negotiated with the State in the amount of $91,000 for fiscal year 1979-80, to be paid in 12 monthly installments. He requested Council authorize the City Manager to execute the contract. Following discussion, it was moved by Campbell, seconded by Hugli and unanimously carried by all those present to accept the $91,000 for the State jail contract for fiscal year 1979-80. <""'l -;'""'\ '.' ,("'I SEWARD FISHERIES: AK RAILROAD: AK RAILROAD: SCHOOLS: PAGE 358 REGULAR MEETING - JULY 9, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: (cont'd) C. Acting City Manager reported that he and the City Manager would be traveling to Juneau on July 18 to meet with Governor Hammond. The two items of discussion at the meeting would be the proposed ship yard to be located at 4th of July Creek and State timber sales. Gillespie, with Council consent, requested that the administration draft a resolution to be approved by Council and hand carried to the Governor, the resolution voicing strong objection to the State policy of allowing round log sales to Japan, thereby eliminating local processing of the timber. Acting City Manager stated he would draft a resolution as requested. D. Acting City Manager urged the Councilmembers to attend the Planning and Zoning Commission meeting of Wednesday, July 11, at which time a public hearing would be held on the proposed Land Use Plan Alternative as prepared by the engineering firm of CH2M Hill. The Plan was proposed to become part of the City's overall Comprehensive Plan. XIII. COUNCIL DISCUSSION: A. June 1979 report entitled "Fish Waste Handling and Transportation Study" as prepared for the City by Environmental Services Limited, was noted. Hugli stated the report was distributed for Council information and Seward Fisheries and Environmental Services Limited had requested a September meeting with the Council in order to discuss the report. B. June 20, 1979, letter from The Alaska Railroad General Manager Dorcy regarding Alaska Railroad Week - September 10-16, 1979, was noted. Acting City Manager stated Dorcy had requested the City appoint a chairman to coordinate local events during the designated week and stated he felt the appointment should more appropriately be made by the Chamber of Commerce. C. July 3, 1979, letter from The Alaska Railroad Acting Real Estate Officer Tingle, requesting a zoning ordinance waiver to allow the summer location of a cafe lounge car on the railroad track in the Small Boat Harbor area, was noted. Acting City Manager stated this letter followed discussions he had had with Mr. Tom Adams, a private citizen who wished to lease the railroad car and operate an oyster bar during the summer months. He stated that the zoning in the area did not allow the operation of a drive- in restaurant and, furthermore, no wavier provisions were contained within the Borough ordinance which established the zoning for the City. D. Campbell reported on the progress of the hospital painting project. E. Gillespie voiced objection to the condition of the tennis courts located behind the elementary and high schools. He stated they had not been properly constructed initially and had never been completed. Campbell stated he was in contact with the Borough engineer regarding the problem and plans were being made to properly set up two regulation-sized courts. F. In answer to a question from Hugli, Acting City Manager gave a status report on construction of the new dog pound. F. In answer to a question from Hugli, Acting City Manager stated the anticipated completion date for the senior citizens' housing project was January 31, 1980. XIV. CITIZENS' DISCUSSION: A. Brent Whitmore appeared from the audience and gave a verbal report on the summer student exchange program between Obihiro, Japan, and Seward. He gave the schedules of when the Japanese girls would be arriving in Seward and when Lisa Ernst, Tammy Dieckgraeff and Leslie LeFlore would be leaving for Japan. I \.tj,1 PAGE 359 REGULAR MEETING - JULY 9, 1979 VOLUME 18 xv. ADJOURNMENT: adjourned at 8:42 p.m. (City -_. --- ---------------.--- ---- -----------------~------------------------ ------- PAGE 359 REGULAR MEETING - JULY 13, 1979 VOLUME 18 1. CALL TO ORDER: The July 13, 1979, special meeting of the Seward City Council was called to order at 4:00 p.m. by Vice Mayor Gillespie. II. ROLL CALL: Present were: Vice Mayor Gillespie; Councilmembers Campbell, Leer, Soriano and Swartz (Absent, with Council consent, were Mayor Hugli and Councilmember Potts) Present also: City Manager Johnson and City Clerk Shanley III. SPECIAL ITEMS: I LOUISIANA PAC: title only RES: entitled: A. Copies being made available to the public, Gillespie noted by proposed resolution regarding the exportation of Alaskan timber, FEDERAL ADDN: I PKS & REC/ ORIGINAL TOWNSITE: A Resolution Relating to an Amendment to The Icy Cape No.1 Timber Sale, Permitting Exporta- tion of Round Logs City Manager stated he and Admin. Asst. Schaefermeyer would be traveling to Juneau the following week to meet with Governor Hammond and one of the items to be discussed was the sale of unprocessed Alaskan timber to the Japanese. He confirmed that Councilmember Potts, manager of Kenai Lumber, Seward, would be joining them in Juneau for the meeting. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 79-32. B. City Manager stated the administration had been contacted via telephone by a representative of the Bureau of Land Management regarding the proposed surplus of Lot 1, Block 4, Federal Addition, for the Native land selection program. He stated the property was located on Third Avenue and the house was uninhabited and in a state of disrepair. He recommended that the Council approve BLM's action to surplus the property, stating that the City had no need for the parcel. Swartz questioned if transfer of the property to a Native association would be the best use of the land and stated she felt the property should be put up for public sale and the house renovated. Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried by all those present that the City Council of the City of Seward relinquish any claim that it might have to Lot 1, Block 4, Federal Addition. C. In answer to an inquiry from Leer, City Manager stated he had dumped gravel at the Tot Lot located in Block 10, Original Townsite, and would have the playground equipment repaired or replaced in the next few weeks. D. City Manager spoke on the group trip planned to Copenhagen, Denmark, during the first and second weeks of September, the timing to coincide with the opening of an Alaskan office in that country. He stated the round trip air fare was only $580 if individuals booked and paid for their ticket 30 days in advance of departure. He urged the Councilmembers to plan on traveling to Denmark, stating a tour of the Denmark fisheries,as well as the Burmeister and Wain plant, would be arranged. He asked the Councilmember to think about the trip and stated it tmuld be an agenda item for the Council meeting of July 23. <I~r;, PAGE 360 REGULAR MEETING - JULY 13, 1979 VOLUME 18 III. SPECIAL ITEMS: (cont'd) PERSONNEL/ C CLERK: E. City Manager spoke on the staffing of the administrative offices, stating he had eliminated the position of Building Clerk and the position of City Manager's Secretary had been vacant since June 15, the salaries and benefits for these two positions totaling well over $30,000 per year. He proposed to eliminate the two positions and delegate the duties between three of the remaining office staff. He confirmed he could administratively carry out the necessary reclassification and corresponding salary adjustments for two of the employees involved. However, he stated he was recommending that City Clerk Shanley also be designated as the Personnel Officer with a salary increase of $200 per month and since she was a Council employee, the Council would have to approve any change in salary. Gillespie stated he would agree to such a proposal; however, if the additional duties were ever taken away from the employees they should realize that the additional compensation would also be rescinded. Following discussion, it was moved by Soriano, seconded by Leer and unanimously carried by all those present to authorize the City Manager to supplement JoAnne Shanley's salary by $200 per month for the purpose of taking over the duties of the Personnel Officer. F. City Manager called the Councilmembers' attention to the Preliminary Land Use Plan map as posted. He stated a public hearing on the map was scheduled for the Council meeting of July 23. G. City Manager stated he was continuing negotiations with Northern Offshore and Burmeister and Wain regarding the location of a ship yard at the 4th of July Creek area. He stated Valdez had approached the firms regarding locating in that City. City Manager stated the Seward Council should consider offering an incentive to Northern Offshore and Burmeister and Wain, encouraging them to locate in Seward, and suggested a $1 per year lease rental on the necessary property for the first 10 years. He stated the matter would be scheduled as an agenda item for the Council meeting of July 23 and asked the Councilmembers to contemplate the proposal until that time. IV. ADJOURNMENT: was adjourned at 4:36 p.m. (J) ; , .('.,l_L~,~; J.; lespie -------------------------------------------------------------------------- PAGE 360 REGULAR MEETING - JULY 23, 1979 VOLUME 18 I. CALL TO ORDER: The July 23, 1979, regular meeting of the Seward City Council was called to order at 7:33 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, Adminis- trative Assistant Schaefermeyer and City Clerk Shanley SISTER CITY: I I I l~' --.,.~ I 1\' L PAGE 361 REGULAR MEETING - JULY 23, 1979 VOLUME 18 INTRODUCTIONS: Brent Whitmore appeared from the audience and spoke on the summer student exchange program between Sister City Obihiro, Japan, and Seward. He stated the program was in its seventh year and thanked the City of Seward for its support of the program. He introduced the three Seward girls who would be traveling to Obihiro this summer: Leslie LeFlore, Tammy Dieckgraeff and Lisa Ernst. The three young women who had arrived the previous week from Obihiro appeared from the audience, introduced themselves and spoke briefly on Seward in comparison to Obihiro. Mayor Hugli welcomed Miwako Hayakawa, Kasumi Kajiro and Sumie Tachibana to Seward and wished them a pleasant visit. Applause followed. IV. APPROVAL OF MINUTES: approve of July It was moved by Soriano, seconded by Leer and unanimously carried to the regular meeting minutes of July 9 and the special meeting minutes 13, 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following bill be added to the consent calendar and approved for payment: 11. CH2M Hill Invoice No. 9859 dated July 18, 1979, in the amount of $264.41 for professional services rendered in connection with electric rate and power supply negotiations. City Manager requested that the following additions be made to the regular meeting agenda: VIII. Citizens' Discussion: A. July 18, 1979, memorandum from the University of Alaska, Institute of Marine Science, Seward Manager Mueller B. Roy Mattson XI. New Business: C. July 11, 1979, letter from the State Division of Research and Development Director Mathews regarding State land programs City Manager requested that the following items be.d&let~d:~rom the regular meeting agenda: XI. New Business: B. Petroleum products bid award XII. City Manager Reports: A. Lease of property in the 4th of July Creek area for proposed ship yard Following discussion, it was moved by Soriano, seconded by Leer and unanimously carried to approve the regular meeting agenda and consent calendar as amended and the following actions were taken: COMPTROLLER: 1. Comptroller's list of Accounts Payable for June, totaling $216,409.90, was approved for payment and filed. 2. June 30, 1979, invoice from Cranston, Walters, Dahl & Jarrell for legal services rendered during June, totaling $4,263.48, was approved for payment and filed. CITY ATTORNEY: 3. July 9, 1979, invoice from Hughes, Thorsness, Gantz, Powell & Brundin for legal services rendered, totaling $1,154.45, was approved for payment and filed. CITY ATTORNEY: INSURANCE: HARBOR: LOC ORGS: LOC ORGS: LEG REPS: SEWARD FISHERIES: 4TH OF JULY CREEK AREA: ELECTRIC DEPT: PLANNING & ZONING: ., PAGE 362 REGULAR MEETING - JULY 23, 1979 VOLUME 18 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) 4. June 30, 1979, invoice from Rollins, Burdick & Hunter for insurance coverage, totaling $52,279.32, was approved for payment and filed. 5. Price Waterhouse & C~ $1.023. invoice received July 12, 1979, for professional services rendered relative to the establishment of the Harbor Enterprise fund, was approved for payment and filed. 6. Check in the amount of $3,000 to the Seward Council on Alcoholism and Community Services, pursuant to the budgeted allocation for fiscal year 1979-80 as approved by Council Resolution No. 79-25, was approved for issuance. 7. Check in the amount of $2,000 to the Seward Senior Citizens' Program, pursuant to the budgeted allocation for fiscal year 1979-80 as approved by Council Resolution No. 79- 25, was approved for issuance. 8. July 2, 1979, letter from Ted Steven's Staff Assistant Bridenbaugh regarding the "high risk area" designation along the Seward waterfront, was noted for information and filed. 9. July 11, 1979, letter from Seward Fisheries By-Products Manager Larson regarding construction of a second fish meal plant on the Kenai Peninsula, was noted for informa- tion and filed. 10. July 10, 1979, letter from City of Valdez Mayor MacDonald congratulating Seward on the location of a ship yard at the 4th of July Creek area, was noted for information and filed. 11. CH2M Hill Invoice No. 9859 dated July 18, 1979, in the amount of $264.41 for professional services rendered in connection with electrical rate and power supply negotiations, was approved for payment and filed. VI. BOROUGH ASSEMBLY REPORT: Councilmember Campbell gave a brief verbal report on the Kenai Peninsula Borough Assembly meeting of July 17, 1979. VII. PUBLIC HEARINGS: A. Public hearing was opened on the Preliminary Land Use Plan component of the City of Seward's Comprehensive Plan and that portion of the Seward Advisory Planning and Zoning Commission meeting minutes of July 11, 1979, relative to the public hearing held by that Commission on the Land Use Plan, was noted. Jeff Ottesen, Kenai Peninsula Borough Senior Planner, appeared from the audience and spoke on the project as completed by the engineering firm of CH2M Hill and explained the process which the firm had followed in the study--the completion of a land use inventory, review of meeting minutes and newspaper clippings regarding issues of local import, examination of existing documents relative to land uses and problems, evaluation of present and future land use needs, the gathering of citizen opinion via newspaper and mail surveys and public hearings, and a public presentation of three alternate land use schemes-- with the composite being the map presented that evening to the Council. Ottesen distributed handouts to the Council and audience relating to the Land Use Plan entitled "Policies" and "Advantages and Disadvantages" and spoke and answered questions on the information contained therein. No one appeared from the audience in order to be heard and the public hearing was closed. Ottesen stated a written document, which was an accompaniment to the map, would be forthcoming from CH2M Hill in the near future and he recommended that Council delay action on the map until the written text had been received and reviewed. He stated if Council wished to officially adopt the map, it would have to be submitted to the Borough Planning Com- mission and, finally, to the Borough Assembly for approval. In closing, City Manager stated this was Ottesen'slast meeting in Seward due to the fact that he was leaving the employ of the Borough; he voiced his appreciation for the work Ottesen had done for the City of Seward. I M S: PAGE 363 REGULAR MEETING - JULY 23, 1979 VOLUME 18 VIII. CITIZENS' DISCUSSION: A. July l8, 1979, memorandum from the University of Alaska Institute of Marine Science, Seward Station Manager G. J. Mueller, requesting the Council appoint a member to serve on the User's Committee to aid in the planning and direction of the Public Education Facility to be constructed in Seward, was noted. Mueller appeared from the audience and asked the Council to make the appointment as soon as possible. Hugli stated discussion of an appointee would be held under agenda item XIII. Council Discussion. ARR/ B. Roy Mattson appeared from the audience and stated he had been ISPEC appointed by the Chamber of Commerce as Chairman for Alaska Railroad Week, COM September 10-16, 1979, as proclaimed by Governor Hammond. He confirmed that VENTS/for the second year the Alaska Resource Development Council would be chartering PROC & a special passenger train to travel to Seward on September 15. He requested TRIBUTES: that a Councilmember be appointed to assist in the organization of the week's activities. Hugli appointed Swartz to assist Mattson. TRAILERS/ ORDS: I ELECTRIC DEPT/ ORDS: I C CLERK/ PERSONNEL/ RES: Mattson also referred to the bronze plaque which William Seward had presented to the City the previous year and the brick base which had been donated by Alaska Airlines and Alaska Brick Company. He requested Council approval to place the plaque and base in front of the Information Cache on the corner of 3rd and Jefferson streets. He stated tentative plans had been made to officially present the monument to the City on August 11, the first day of the Salmon Derby, and Mattson asked that the Mayor plan to attend the ceremony. Hugli, with Council consent, gave approval for the placement of the plaque and base as requested. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Copies being made available to the public, Hugli noted by title only proposed revised Ordinance No. 474 regarding camper parks within the City, entitled: An Ordinance Relating to Camper Parks Within The City of Seward, Alaska, and Establishing Sections 21-23 Through 21-34 of the Seward City Code City Attorney spoke on the revisions which had been made in the ordinance since its last presentation to Council. Following discussion, it was moved by Gillespie, seconded by Soriano and unanimously carried to introduce proposed Ordinance No. 474. Hugli confirmed that a public hearing would be held at the regular Council meeting of August 27. B. Ordinances for Public Hearing and Enactment: 1. Copies being made available to the public, Hugli noted by title only proposed Ordinance No. 476 regarding adoption of the 1978 National Electrical Code, entitled: An Ordinance Relating to Electricity, Amending Section 9-1 of the Seward City Code "Notice of Public Hearing" as published two times in the local newspaper and posted, pursuant to City 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. It was moved by Gillespie, seconded by Leer and unanimously carried to enact Ordinance No. 476. C. Resolutions: 1. Copies being made available to the public, Hugli noted by title only proposed resolution appointing a Deputy City Clerk, entitled: A Resolution Creating the Position of Deputy City Clerk City Manager confirmed that approval of the resolution would not create a new position but just officially appoint a Deputy City Clerk, pursuant to the City Code, to act in the absence of the Clerk. It was moved by Campbell, seconded by Swartz and unanimously carried to approve Resolution No. 79-33. ._.J\ , PAGE 364 REGULAR MEETING - JULY 23, 1979 VOLUME 18 X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: INSURANCE: A. June 21, 1979, letter from Rollins, Burdick and Hunter, regarding public officials' liability coverage, was noted. City Manager recommended the Council approve the placement of the coverage for $1,000,000 of public officials' liability with $2,500 per loss deductible for an annual premium of $5,119. Campbell stated he was of the opinion that the premium was too high but that the City needed this type of insurance. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried to accept the proposal of Rollins, Burdick and Hunter at the cost of $5,119 for public officials' liability insurance coverage. ALASKA, ST OF: ALASKA, ST OF: STREETS, RDS , HWYS : B. The petroleum products bid award was deleted from the agenda and continued to a later date. C. July 11, 1979, letter from the State Division of Research and Development Director Mathews regarding State land disposal programs, was noted. Administrative Assistant distributed a map showing State lands West and East of the City which were the water sheds for the City and the 4th of July Creek area, respectively. He stated the City should take action to ask the State to insure that the water sheds remain in the public interest classification and not be earmarked for disposal. In answer to a question from Gillespie, City Manager confirmed that the City's action on these lands had no effect on Seward's municipal land selection nominations. Following discussion, it was moved by Campbell, seconded by Gillespie and unanimously carried to authorize the identification of the areas as designated on the map prepared by Schaefermeyer as water sheds. XII. CITY MANAGER REPORTS: A. Discussion of the lease of property in the 4th of July Creek area for the proposed ship yard was deleted from the agenda. B. City Manager stated that on September 9 Alaska would be opening a Foreign Trade Office in Copenhagen, Denmark, and said it would be a good opportunity for representatives of Seward to travel to that country and tour the Burmeister/Wain plant and also see some Danish bottom fishing facilities and ship yards. He recommended the Council consider sending a delegation to Copenhagen. Campbell suggested the Chamber of Commerce also be urged to send at least one representative. Hugli, Soriano and Swartz voiced interest in making the trip. C. City Manager introduced the new U.S. Park Service "Ranger in Residence" Mary "Jeff" Karraker. D. City Manager gave the Council a verbal report on the latest revenue and expense figures for fiscal year 1978-79; he stated the amounts quoted had not yet been audited. E. City Manager referred to letter dated July 18, 1979, from the State Division of Lands, Planner Maggard, regarding the conveyance of specific State lands to the Cook Inlet Region, Inc. Administrative Assistant distributed a map showing those lands which were adjacent to the City of Seward. He stated that some of the selections were in the path of Resurrection River Road and, therefore, the access to the Resurrection Valley might be hindered by the proposed land transfer. Following discussion, Potts, with Council consent, requested the City administration send a letter objecting to the land transfer in the route of Resurrection River Road. City Manager confirmed that the action would be taken. F. City Manager requested Council approval to enter into a contract with Frank Dieckgraeff d/b/a Metco for the replacement of a culvert on the dump road as well as the straightening of a road curve near the culvert. He stated he had more than enough work to keep the City crews busy on other projects and did not have the proper equipment to adequately do the job. Following discussion, it was moved by Soriano, seconded by Potts and unanimously carried to authorize the City Manager to spend not to exceed $6000 to replace the culvert and reroute the dump road. LOUISIANA PACIFIC/ 4TH OF JULY CREEK AREA: I TRANSIENT MERCHANTS: I ABC B: SISTER CITY: I M S: I AIRPORT: PAGE 365 REGULAR MEETING - JULY 23, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: (cont'd) G. City Manager, Potts and Campbell gave a verbal report on their trip to Juneau the past week to talk to various State agency representatives and Governor Hammond regarding the supply of logs to keep Kenai Lumber in operation, and the proposed ship yard to be located at the 4th of July Creek area. Potts stated he had received a verbal commitment from the Governor that the State would make logs available to keep the mill operational. City Manager stated the Governor had assigned a staff assistant to work with the City regarding the planned industrial development of the 4th of July Creek area. Further, he stated that the State Department of Transportation was proceeding with the necessary land acquisition and engineering for an entrance road to the 4th of July Creek area and the Governor had stated that when the Legislature convened in January a supplemental budget appropriation would be presented for construction funds for the road. City Manager also reported on his meeting with the Department of Community and Regional Affairs staff relative to funding for the City's Grant Lake hydroelectric project. After departing Juneau, the City Manager had stopped in Anchorage to meet with representatives of the Alaska Municipal Bond Bank and the Alaska Industrial Development Corporation regarding funding for the ship yard. XIII. COUNCIL DISCUSSION: A. "Chapter 16 - Peddlers, Solicitors, Etc." of the Seward City Code was noted. City Manager stated a controversy had arisen due to the 4th of July activities when the City had assigned to the Chamber of Commerce the responsibility of regulating the transient merchants on that one day and the Chamber had levied a fee against those merchants. He stated that after consultation with the City Attorney he had received the legal opinion that the City could assign such a responsibility for the regulation of non-profit organizational activities but, under the terms and conditions of the City's present transient merchant ordinance, profit organizations would still have to by granted a City license at a fee of $50 a day or $2000 a year and the posting of a $5000 faithful performance bond. Campbell stated it would be desirable to incorporate some flexibility into the ordinance in order to allow transient merchants on such festive occasions at the 4th of July and Salmon Derby. City Manager requested that the City Attorney review the Mun~cipality of Anchorage's transient merchant ordinance and, specifically, how the Fur Rendezvous activities were organized. Following discussion, City Manager stated a transient merchant exemption for special occasions would be researched and presented to Council at a later date. Potts asked to see a breakdown of the amount of attorney's fees which had been spent on the transient merchant issue. B. Section 3-8 of the Seward City Code relative to hours of bars operating within the City, was noted. Following discussion, upon Hugli's request, City Manager stated the administration would draft an ordinance which set the closing time for bars at 2 A.M. C. Hugli stated Brent Whitmore would be the City's official representative when he traveled to Seward's Sister City, Obihiro, Japan, on August 3 with a few other Seward residents. He stated Whitmore should be given a gift to present to the City officials of Obihiro. City Manager stated he would arrange for a gift to be purchased. Hugli also requested that the City Clerk compose a letter for Whitmore to deliver to the Mayor of Obihiro. D. Campbell suggested that Don Cripps be asked to serve on the IMS User's Committee (see Agenda item VIII. Citizens' Discussion: A.). Hugli, with Council consent, requested Campbell contact Cripps and ask him to serve in that capacity. E. In response to a question from Swartz, City Manager gave a report on the new dog pound and the number of strays being picked up by the new animal control officer. F. Gillespie referred to Seward Fisheries General Operations Manager Hoard's letter of July 15, 1979, regarding the expansion of the Seward airport. City Manager stated the letter would be presented to Governor Hammond. G. Potts gave a report on the Seward Little League and thanked City Recreation Director Leer for her work in scheduling the adult softball and Little League games without any conflict this year. PAGE 366 REGULAR MEETING - JULY 23, 1979 VOLUME 18 XIII. COUNCIL DISCUSSION: (cont'd) LOC ORGS: H. Swartz asked for financial support from the Council in order to fund a newspaper advertisement for the Seward adult female softball team, "Go Go Grannies", who were going to play an exhibition game in Soldotna against the male team, "Rotary Grampas". She stated the advertisement would be good publicity for the City of Seward. Following discussion, it was moved by Hugli, seconded by Campbell and carried as follows that an amount not to exceed $180 be spent from the Mayor and Council contingency fund for advertisement for the "Go Go Grannies" game: Ayes: Noes: Abstain: Absent: Campbell, Gillespie, Hugli, Leer, Potts and Soriano None Swartz None I. Swartz requested that the City crews pick up the garbage which was accumulating at the City Park at the south end of 4th Avenue. XIV. CITIZENS' DISCUSSION: A. Brent Whitmore thanked the City of Seward for the assistance which had been given the student exchange program with Seward's Sister City, Obihiro, Japan. B. Roy Mattson appeared from the audience and questioned if some top soil could be provided to be placed on the north side of the ferry terminal building (Waterfront Tracts) and further requested that the sidewalk in that area be improved. He stated he felt volunteer labor could be arranged for the projects. City Manager stated he would investigate the matter. Mattson further spoke on the work Bob Valdetta had done on the City Park at the south end of 4th Avenue and, also, the cemetery area. C. Mattson reported on a softball game which was being organized between Anchorage and Seward and invited the Councilmembers to participate. XV. ADJOURNMENT: was adjourned at 9:55 p.m. .7/11rf4 -;. /1 / (Ra~ L. Hugli Mayor ------------------------------------------------------------------------------- PAGE 366 REGULAR MEETING - AUGUST 13, 1979 VOLUME 18 I. CALL TO ORDER: The August 13, 1979, regular meeting of the Seward City Council was called to order at 7:33 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, Soriano, Swartz (Absent with Council consent - Potts) Present also: City Manager Johnson, City Attorney Jarrell, Administrative Assistant Schaefermeyer and Deputy City Clerk Ledet PROC & TRIBUTES: PROCLAMATION: Deputy City Clerk read in full proclamation declaring September 8, 1979, as "National Cancer Day" PAGE 367 REGULAR MEETING - AUGUST 13, 1979 VOLUME 18 IV. APPROVAL OF MINUTES: It was moved by Campbell, seco~ded by Soriano and unanimously carried by all those present to approve the regular meeting minutes of July 23. 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following proposed resolutions be added to the regular meeting agenda: I IX. Ordinances and Resolutions: C. Resolutions: 3. Proposed Resolution No. 79-36 approving the Land Use Plan as prepared by CH2M Hill 4. Proposed Resolution No. 79-37 amending the nominations of certain lands for conveyance from the State to the City 5. Proposed Resolution NO. 79-38 selecting certain lands nominated by the City Following discussion, it was moved by Gillespie, seconded by Soriano and unanimously carried by all those present to approve the regular meeting agenda and consent calendar as amended and the following actions were taken: COMPT: 1. Comptroller's list of Accounts Payable for July 1979, total}ng $359,986.64, was approved for payment and filed. SEWAGE TREATMENT: 2. July 25, 1979, telegram to Senators Stevens and Gravel and Representative Young regarding EPA's secondary treatment regulations, was noted for information and filed. I OCEANVIEW SUBD: 3. July 31, 1979, letter from B. Melteff, Project Coordinator, University of Alaska regarding August 16, 1979, meeting for discussion of programs to be used at new public education facility to be constructed in Sewar~ was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Councilmember Campbell gave a'verbal report on the August 7, 1979, Kenai Peninsula Borough Assembly meeting. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: A. Paul Paquette did not appear from the audience at this time in order to be heard. (SEE XIV. Citizens' Discussion) IX. ORDINAlTCES AND RESOLUTIONS: A. Ordinances for Introduction: ABCB: 1. Copies being made available to the public, Hugli noted by title only proposed Ordinance No. 478, relating to hours of sale of alcoholic beverages, entitled: I An Ordinance of the City of Seward, Alaska, Relating to Hours of Sale of Alcoholic Beverages, Repealing and Re-enacting Section 3-8 of the Seward City Code In answer to a qUestion from Campbell regarding what the hours were now set at, City Manager stated that the bars closed at 5 a.m. Gillespie spoke in opposition to the proposed ordinance stating that he felt it would not work because people tend to go against negative prohibition. In answer to a question from Swartz, Police Chief Bencardino stated that it may help as far as policing goes and he felt it would eliminate competition among the bar owners. Leer suggested that the bars stay open until 5 a.m. on Friday and Saturday nights and 2 a.m. on the remaining days. Hugli stated that the bar owners were concerned about being liable for their customers when they leave the bar. Following discussion, it was moved by Campbell, seconded by Swartz and carried as follows to . ..., ,_, ,_, c"\ P&Z COMSN: RES/ CLIFF ADDN: RES/ ELEC DEPT/ ELECTIONS: RES/ P&Z COMSN: PAGE 368 AUGUST 13, 1979 VOLUME 18 REGULAR MEETING IX. ORDINANCES AND RESOLUTIONS: (cont'd) introduce proposed Ordinance No. 478 with amendments to be made regarding closing at 5 a.m. Saturday and Sunday mornings 'andopening at 8 a.m. and 12:00 respectively; the public hearing would be set for September 10, 1979: AYES: Campbell, Leer, Soriano, Swartz, Hugli NOES: Gillespie ABSENT: Potts 2. Copies being made available to the public, Hugli noted by title only proposed ordinance No. 479 relating to the composition of the planning and Zoning commission, entitled: An Ordinance Relating to the Composition of the City Planning and Zoning Commission, Repealing and Re-enacting Section 2-77 of the Seward City Code City Manager stated there was not need for the commission to be any larger than a seven member commission. Following discussion, it was moved by Campbell, seconded by Gillespie and unanimously carried by all those present to introduce Ordinance No. 479 and set the public hearing date for September 10, 1979. B. Ordinances for Public Hearing and Enactment: None C. Resolutions: 1. Copies being made available to the public, Hugli read by title only proposed Resolution No. 79-34 approving the sale of Lot 6, Block 8, Cliff Addition to the highest bidder, entitled: A Resolution of the Council of the City of Seward, Accepting the Highest Sealed Bid for Lot 6, Block 8, Cliff Addition and Providing for the Disposition Thereof by Sale Mayor Hugli stated that the City had received one bid, which was from Patrick 0' Brien. He opened the bid envelope and announced that Patrick 0' Brien had bid $5000. for the lot. Following discussion, it was moved by Gillespie, seconded by Soriano and unanimously carried by all those present to accept the appraised value of the lot which had been established by qualified appraisers at $5000. and Patrick O'Brien with his bid of $5000 would be added in Resolution No. 79-34 2. Copies being made available to the public, Hugli read by title only proposed Resolution No. 79-35, submitting to voters at October 2, 1979, general election a $1,700,000 bonding proposition for the electric system improvements, entitled: A Resolution Providing for the Submission to the Qualified Electors of the City of Seward, Alaska, Question of $1,700,000.00 of General Obligation Bonds to Finance the Construction of an Electric Substation and Make Other Improvements to the Electrical System of the City of Seward, Alaska, at a General Election to be Held for That Purpose on Tuesday, October 2, 1979 City Manager explained that $970,765 would be used for the substation itself and the remainder would be used for the road to the station and the cost of moving lines to the new substation. Following discussion, it was moved by Gillespie, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 79-35 which is to put a $1,700,000 bonding proposition on the October ballot. Campbell urged all Councilmembers to convince the voters to support this proposition. 3. Copies being made available to the public, Hugli read by title only proposed Resolution No. 79-36, approving the Proposed Land Use Plan, entitled: A Resolution Approving the Proposed Land Use Plan as Prepared by CH2M Hill, Alaska, Inc. City Manager explained that this was not a zoning map, but a recommendation to the land use of Seward. Following discussion, it was moved by Gillespie, seconded by Leer and unanimously carried by all those present to approve Resolution No. 79-36. RES/ AI<, ST of: I RES/ AK, ST of: TAXICABS: I TV STATION: ELEC DEPT/ 4TH OF JULY CR AREA: PAGE 369 REGULAR MEETING - AUGUST 13, 1979 VOLUME 18 IX. ORDINANCES AND RESOLUTIONS: (cont'd) 4. Copies being made available to the public, Hugli read by title only proposed Resolution No. 79-37, amending the nominations of land for conveyance from the State and a previous Resolution No. 79-18, entitled: A Resolution Amending the Nominations of Certain Lands for Conveyance from the State of Alaska to the City of Seward Pursuant to the Municipal Land Entitlement Act Administrative Assistant explained where the land is located and stated that mistakes in the legal descriptions were the reason for the resolution. Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 79-37. 5. Copies being made available to the public, Hugli read by title only proposed Resolution No. 79-38, selecting certain lands nominated by the City, entitled: A Resolution Selecting Certain Parcels of Land Nominated by the City of Seward Pursuant to the Municipal Land Entitlement Act It was moved by Campbell, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 79-38. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. Beverly Darbyshire's August 1, letter requesting a taxicab rate increase of 25% or an additional $.50 per ride, was noted. City Manager Johnson recommended allowing the increase since the rate had remained the same for years and the cost of living was up. It was moved by Gillespie, seconded by Campbell and unanimously carried by all those present to give the operators of the taxicabs permission to increase rates. XII. CITY MANAGER REPORTS: A. City Manager stated that he had attended a meeting with Alascom and they would submit a proposal for a satellite earth station for television with multiple station capability. This proposal will be submitted prior to the September 10, Council meeting. B. City Manager reported on a meeting with the Alaska Power Authority regarding the $40,000 appropriated by the legislature for the hydro- electric power project. Also the City Manager reported that the Department of Community and Regional Affairs had approved the City selecting CH2M Hill to perform the study. Following discussion, it was moved by Campbell, seconded by Leer and unanimously carried by all those present to authorize the City Manager to accept $91,000 from the Department of Community and Regional Affairs to hire the firm of CH2M Hill to do a Grant Lake hydro-electric study. C. City Manager stated that on August 24th a delegation from Burmeister Wain along with officials from Northern Offshore Inc. would be in Seward for meetings on the proposed ship yard. A luncheon meeting will be arranged for members . of the Council and the visiting officials. D. City Manager stated that on the 16th of August he would be meeting 14TH OFagain with members from financing institutions such as the Municipal Bond Bank, JULY Foster and Marshall, Seattle First National Bank and Alaska ShipYard Company (ASC) CREEK to work on ways of financing for the shipyard at Fourth of July Creek. AREA: SMALL BOAT HBR: E. City Manager reported that the City had a bid invitation for a Boston Whaler boat for the harbor use and had received several bids. A memo from Harbor Master Singleton to Mr. Johnson regarding prices for the 21 foot Boston Whaler, was noted. City Manager reported that of all the bids, the one from Alaska Marine seemed to be the best investment. There would not be any shipping charges to Anchorage and the total cost would be $15,241.00. SMALL BOAT HBR: 4th OF JULY CREEK AREA: HARBOR COMSN: ELEC DEPT: PAGE 370 REGULAR MEETING - AUGUST 13, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: (cont'd) He stated that there is a local office which would be advantageous for service and parts. In 8nswertoa question from Hugli as to where the money was coming from for the boat, City Manager stated that it was budgeted in the 1979-80 budget. It was moved by Gillespie, seconded by Leer and unanimously carried by all those present to approve the purchase of a Boston Whaler and two 55 horsepower Johnson outboard motors for quoted price of $l5,24l.00 from Alaska Marine with the stipulation that the hardware and engines be mounted by City personnel for a savings of $500 from the $15,241.00. F. City Manager stated that mapping needed to be done in the Fourth of July Creek area and he requested approval of a proposal from Alaska Land Surveyors in the amount of $7,397.00. Approximately $3,600 will be available toward the project from the 4th of July Creek CEIP Grant. It was moved by Campbell, seconded by Gillespie, and unanimously carried by all those present to approve the firm of Alaska Land Surveyors to do mapping at 4th of July Creek for $7,397.00. G. City Manager stated that he had received a letter of resignation from Harbor Commission Chairman Terry McCarty due to plans to relocate to Lake Tahoe, California. City Manager stated that he would advertise for the position. XIII. COUNCIL DISCUSSION: A. In answer to a question from Swartz, City Manager stated that the cost of the proposed television earth station would be from sales taxes. B. of the Alaska that he would Campbell reported on a discussion with the Acting General Manager Railroad at the Chamber of Commerce meeting. City Manager stated be meeting with the new manager in the future. XIV. CITIZENS' DISCUSSION: A. Paul Paquette appeared from the audience and spoke on the electrical tariff. He told Council that he had paid for the installation of his electrical service and that the ,City was paying him back at 10% off his electrical bill each month and this would go on for the next forty years. He questioned if it would be possible to incorporate into the new tariff in order to be paid back his money in a period of three years as opposed to forty. City Attorney stated that this was a simple policy matter since there were only four such customers in Seward. It was the general consensus of the Council to have the accounts looked over for consideration at the next meeting. XV. ADJOURNMENT: The meeting was adjourned at 9:30 p.m. The Council immediately went into executive session regarding a financial matter. Raymo Mayor ,c ',', ~I '1. t- \ . , A''wY' ,..{," '~-4>' _~...r 'ity Seal) , " "'"(" .$',;," l'" ...C'. '7/r;; Or PAGE 371 REGULAR MEETING - AUGUST 27, 1979 VOLUME 18 I. CALL TO ORDER: The August 27, 1979, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Hugli. II. OPENING CEREMONY: Councilmember Swartz led the pledge of allegiance to the flag. I III. ROLL CALL: Present were: Mayor Hugli; Councilmembers Campbell, Gillespie, Potts, *Soriano and Swartz (absent, with Council consent, was Leer) Present also: City Manager Johnson, City Attorney Jarrell and City Clerk Shanley Hugli noted that past Councilmember William Vincent was present in the audience and, on behalf of the entire Council, welcomed him to the meeting. IV. APPROV AL OF MINUTES: It was moved by Swartz, seconded by Campbell and unanimously carried by all those present to approve the regular meeting minutes of August 13, 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following item be added to the consent calendar: I 3. May 14, 1979, Invoice No. 9794 from CHZM Hill in the amount of $7,193.34 for engineering services rendered for the City electric utility system. City Manager requested that the following additions be made to the regular meeting agenda: XI. New Business: A. Proposed agreement with Alaska Shipyard Company XII. City Manager Reports: A. Revenue sharing funds B. Council trip to Denmark It was moved by Potts, seconded by Campbell 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: I 1. August 16, 1979, Invoice No. 9877 in the amount of $2,111.73 from CH2M Hill for services rendered relative to the electric rate and power supply negotiations, was approved for payment and filed. PKS & REC: 2. August 17, 1979, Invoice No. 9892 in the amount of $9,218.20 from CH?M Hill for engineering services rendered relative to the 7th Avenue greenbelt planning and design project, was approved for payment and filed. ELECTRIC DEPT: 3. May 14, 1979, Invoice No. 9794 in the amount of $7,193.34 from CH2M Hill for engineering services rendered relative to the City electric utility, was approved for payment and filed. I; PAGE 372 REGULAR MEETING - AUGUST 27, 1979 VOLUME 18 VI. BOROUGH ASSEMBLY REPORT: KENAI PENINSULA Councilmember Campbell gave a verbal report on the Kenai Peninsula BOROUGH: Borough Assembly meetings of August 14 and 21, 1979. Campbell specifically reported on Borough Ordinance No. 79-51, "Reapportioning the Votes of the Assembly Based on the Special Federal Census of 1979." He stated the issue would be placed on the October 2, 1979, Borough ballot and, if the proposed reapportionment plan was approved by the voters, Seward would loose 4.18 votes. He questioned the legality of the weighted vote system and referred to a recent Supreme Court ruling which upheld the "one man, one vote" concept. Campbell asked Council's support of his request to direct the City Attorney to investigate the action of filing an injunction against the Borough's action. He stated the City should make efforts to educate the public and urge them to vote against the October 2 ballot issue on reapportionment of the Borough Assembly. Following discussion, the City Attorney stated he would investigate the legality of the proposed Borough Assembly reapportionment plan and submit a written report on various avenues of protest to the Council at its next meeting. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: OCEANVIEW SUB: A. Don Cripps, the Council's appointed representative to the University of Alaska, Fairbanks, Institute of Marine Science, Planning Committee for the proposed Seward public education facility, appeared from the audience and gave a verbal report on the August 16, 1979, Committee meeting regarding the proposed $1.5 million facility to be constructed in Seward upon approval of a bond issue for that purpose, proposed to be presented to the voters in 1980. In closing, Cripps stated he served at the pleasure of the Council and, being only a two year resident of Seward, if the Council felt they would like a more qualified individual to serve on the Committee he would resign his position. Hugli voice approval of Cripps' report and urged his continued service on the Committee. *SORIANO ARRIVED AT 8:00 P.M. AND THEREAFTER TOOK PART IN THE MEETING. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: ORD/ TRAILERS, COURTS: 1. Copies being made available to the public, Hugli noted by title proposed Ordinance No. 474 regarding camper parks, entitled: An Ordinance Relating to Camper Parks Within the City of Seward, Alaska, and Establishing Sections 21-23 Through 21- 34 of the Seward City Code "Notice of Public Hearing on Proposed City Ordinance" as published two times in the local newspaper, was noted. Hugli opened the public hearing; no one appeared from the audience in order to be heard and the public hearing was closed. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried by all those present to enact Ordinance No. 474. C. Resolutions: None -'t x. UNFINISHED BUSINESS: None ,-\. ,.'-. PAGE 373 REGULAR MEETING - AUGUST 27, 1979 VOLUME 18 XI. NEW BUSINESS: 4TH OF JULY A. City Manager introduced Mr. Steve White of Alaska Shipyard Company CREEK AREA: and distributed a two-page document entitled "Shipyard in Seward - Proposed Plan for Construction" which detailed the proposed tasks and commitments and antici- pated funding of the three entities involved in the project: Northern Offshore through Alaska Shipyard Company, the City of Seward, and the State of Alaska. White and City Manager spoke and answered questions on the breakdown of the various project components. City Manager explained that Council agreement on the proposed commitments was the first step in developing a letter of intent I and such a letter was necessary prior to the State's construction of the Nash Road extension and the City's application for various funding sources for the project. City Manager reminded Council that the funding amounts as contained in the handout were only rough approximations. In answer to a question from Potts, City Manager stated that location of the shipyard facility would be compatible with further industrial development on the available land at the 4th of July Creek site. In answer to a question from Campbell, White stated the $1 million corporate capital forthcoming from his firm would be in the form of capitalization of the Alaska Shipyard Company and would be operating expenses to get the project underway. City Manager stated approximately $3000 in City funds would be necessary in the immediate future in order to drill further test holes in the area. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to agree in concept with the proposed plan for the shipyard as discussed that evening, to give the City Manager the authority to proceed as spelled out, the authority to go ahead with the test drilling of the holes, and to develop a letter of intent along the lines discussed. City Manager, with Council consent, requested authority to solicit a proposal from Mr. Eric N~rgaard to act as the principle engineer in charge of the project. STREETS, RDS, B. City Manager stated he had received notice from the State that HIGHWAYS: the City was the recipient of $30,029 in local service roads and trails monies. With Council consent, he recommended that the money be used as "seed money", if necessary, to urge the State to proceed in a timely manner with the extension of Nash Road to the 4th of July Creek area industrial site. I XII. CITY MANAGER REPORTS: COMPTROLLER: A. City Manager stated the City Councilmembers needed to sign the City's revenue sharing application prior to its submittal. He stated the administration had listed 2130 as the local population figure, the same count as was accepted in the previous year's application. B. City Manager stated a request had been received from some local citizens for the City to put in a sidewalk and furnish topsoil for the area from the City park at the foot of 4th Avenue, extending east to the front of the ferry terminal building at the south end of 5th Avenue. He stated he would recommend against putting in a sidewalk at this time but would furnish the topsoil to the area. Further, he requested authority to spend $600 to $700 to remove the wooden steps at the ferry terminal building and replace them with a concrete ramp. It was moved by Campbell, seconded by Potts and unanimously carried by all those present to authorize the City Manager to fix the ferry steps. SEWAGE I TRTMT: C. City Manager stated the administration had received letters from the Environmental Protection Agency and the State Department of Environmental Conservation, urging the City to submit a secondary sewage treatment waiver application prior to the September 15, 1979, deadline. The letters stated that failure to submit an application at this time would disallow any future waiver application which might be submitted by the City. City Manager commented on the prohibitive costs of monitoring a primary treatment system which would meet EPA requirements and recommended that the City not respond to the request for a waiver application but, instead, proceed with the plans for secondary sewage treatment. Following discussion, it was moved by Potts, seconded by Gillespie and unanimously carried by all those present to take the City Manager's recommendation and pursue secondary treatment. STREETS, RDS, D. City Manager, with Council consent, requested permission to HWYS: grade Lowell Point road and fill some of the chuckholes. 4TH OF JULY CREEK AREA: ELECTRIC DEPT: HARB&: PAGE 374 REGULAR MEETING - AUGUST 27, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: (cont'd) E. City Manager distributed August 10, 1979, letter from B & W Marine Contractors, Copenhagen, Denmark, and attached proposed itinerary proposed for the Councilmembers while in Denmark from September 16-23, 1979. City Manager also distributed the flight plan as prepared by Horizons Travel, dated August 27, 1979. Councilmembers Gillespie, Potts, Soriano and Swartz and Mayor Hugli stated they would be taking the trip. City Manager, with Council consent, requested permission to also travel to Denmark. F. At the request of the City Manager, it was moved by Campbell, seconded by Swartz and unanimously carried by all those present to adjourn to an executive session regarding pending litigation immediately following completion of the regular meeting agenda. XIII. COUNCIL DISCUSSION: A. In answer to an inquiry from Swartz, City Manager gave a verbal report on the new dog pound. B. Gillespie referred to Paul Paquette's appearance before Council at the August 13 meeting, at which time he had requested an adjustment on the amortization of the charges for the City extending electrical service to his residence. City Manager stated there were only three such electrical accounts which had been contracted by the City prior to the current electrical utility tariff in which the City had extended the service to the specific residence, at the customer's cost, and the customer was being reimbursed for the charges at the rate of a 10 percent deduction from each month's electrical billing. He reported on the cost of extending the electrical service to these three residences and the electrical payments received from the three customers which totaled less than $100 a year. Following discussion, it was moved by Soriano, seconded by Campbell, but did not carry as follows, to give the people back the outstanding balances: Ayes: Noes: Absent: None Campbell, Gillespie, Hugli, Potts, Soriano and Swartz Leer C. In answer to a comment from Gillespie regarding the vandalism and theft in the Harbor area, Police Chief Bencardino appeared from the audience and stated that the reported incidents were less than the previous year arid the main problems stemmed from the fact that the police could do nothing unless they saw the illegal act committed or there was an eye witness who would sign a sworn statement against the alleged offender. D. Potts asked that the subject of extending 4th Avenue north from the harbor area to connect with Airport Road be scheduled as an agenda item for the September 10, 1979, Council meeting. E. Gillespie stated that in relation to Potts' request on the extension of 4th Avenue through the harbor area. last Fall the Council had requested the Harbor Commission provide the Council with a proposed develop- ment plan for the Harbor, such a plan to include the necessary areas to be reserved for parking, room to be designated for future proposed development, etc. He stated the Council should again direct the Harbor Commission to prepare such a plan. City Manager stated that CH2M Hill had extended the 7th Avenue Greenbelt project to include the harbor uplands area; Gillespie stated the plan was general and the Harbor Commission should be able to compile a more specific land use plan for the area. F. Hugli commented on the lack of enforcement of the open container law in the downtown area. In response, Police Chief Bencardino appeared from the audience and stated his patrolmen could concentrate on the area for a period of time. Swartz stated periodic foot patrols would seemingly be more effective than just driving down 4th Avenue in a patrol car. PAGE 375 REGULAR MEETING - AUGUST 27, 1979 VOLUME 18 XIII. COUNCIL DISCUSSION: (cont'd) I G. Hugli referred to Council action in 1978 when the leaseholders of Lots 5, 6, 7 and 8, Block 1, Marina Subdivision, were given one year to submit proposed construction plans for an addition to "The Dinghy" (Lots 5 and 6) and the Breeze Inn Motel (Lot 7). Then, he stated, in March of 1979, the Council had approved an addition to the Breeze Inn Restaurant located on Lot 3, Block 1, with the additional parking as required by the zoning ordinance to be located on Lot 5. Hugli stated there appeared to be a conflict in the Council's two actions and asked the City Manager to investigate the matter and report back to Council at the September 10 meeting. MARINA SUB: XIV. CITIZENS' DISCUSSION: A. Willard Dunham appeared from the audience and stated that the City should take some action in restricting recreational vehicles from parking on 4th Avenue in the downtown area. B. formal letter Denmark trip. Willard Dunham stated that the Council should circulate a inviting other local citizens to accompany them on their C. Brent Whitmore appeared from the audience and gave a report on his trip to Seward's Sister City, Obihiro, Japan. XV. ADJOURNMENT: The meeting was adjourned at 9:52 p.m. I executive session in order to discuss L. Hugli PAGE 375 REGULAR MEETING - SEPTEMBER 10, 1979 VOLUME 18 I. CALL TO ORDER: The September 10, 1979, regular meeting of the Seward City Council was called to order at 7:32 p.m. by Mayor Hugli. II. OPENING CEREMONY: Councilmember Campbell led the pledge of allegiance to the flag. III. ROLL CALL: I 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 Shanley IV. APPROVAL OF MINUTES: It was moved by Soriano, seconded by Leer and unanimously carried to approve the regular meeting minutes of August 27, 1979, as written. , , PAGE 376 REGULAR MEETING - SEPTEMBER 10, 1979 VOLUME 18 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Hugli, with Council consent, referred to consent calendar item 3. and requested that prior to Council approval of extension of the contract with the Alaska Railroad for police protection of the Railroad dock, the City seek to secure additional funds for the policing services. Gillespie requested that the following item be added to the regular meeting agenda: XIII. Council Discussion: E. Consideration of the City becoming a member of the Resource Development Council Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried to approve the regular meeting agenda and consent calendar as amended and the following actions were taken: COMPTROLLER: 1. The Comptroller's list of Accounts Payable for August 1979, totaling $571,329.16, was approved for payment and filed. C ATTORNEY: 2. July 31, 1979, invoice from Cranston, Walters, Dahl and Jarrell for legal services rendered during the month of July, totaling $1,290.28, was approved for payment and filed. RAILROAD, AK 3. August 23, 1979, letter received from the Alaska Railroad, transmitting Supplement #5 to Contract No. 69-25-0003-4457, extending to September 30, 1980, the police protection of the Railroad facilities in Seward at the rate of $600 per month was noted. The City Manager was directed to in- vestigate the possibility of obtaining an addi- tional monthly fee for this service due to the increased labor costs. BUDGET: 4. August 30, 1979, invoice from Price Waterhouse and Company for the audit of the City's records for fiscal year 1978-79, totaling $6,472.76, was approved for payment and filed. VI. BOROUGH ASSEMBLY REPORT: K P B: Councilmember Campbell gave a brief verbal report on the Kenai Peninsula Borough Assembly meeting of September 4, 1979. 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 ABC B/ ORDS: I I I P & Z/ ORDS: , , ' PAGE 377 REGULAR MEETING - SEPTEMBER 10, 1979 VOLUME 18 IX. ORDINANCES AND RESOLUTIONS: (cont'd) B. Ordinances for Public Hearing and Enactment: 1. Copies being made available to the public, Hugli noted by title only proposed ordinance regarding the hours of sale of alcoholic beverages within the City limits, entitled: An Ordinance of the City of Seward, Alaska, Relating to the Hours of Sale of Alcoholic Beverages, Repealing and Re-enacting Section 3-8 of the Seward City Code Notice of Public Hearing on the proposed ordinance as published two times in the local newspaper was noted. Hugli opening the public hearing. Raymond Gillespie, attorney-at-law, appeared from the audience and stated he had been retained to represent the following: American Legion Club, The Palace Bar, Pizza Apollo, Pioneer Bar, Thorn's Showcase Lounge, Tony's Bar, Yukon Bar, Breeze Inn Restaurant, Dorothy's Cocktail Lounge, Flamingo Lounge, Harbor Dinner Club, and three local distributors. Gillespie spoke against the proposed ordinance which would be more restrictive than the current ordinance regulating the hours for sale of alcoholic beverages. He submitted to the Clerk petitions bearing 574 signatures of individuals opposed to the proposed ordinance. Gillespie continued, stating the proposed ordinance infringed upon the individual's freedom of choice, was economically unsound in that it would restrict the bar owners' ability to generate revenue and cause unemployment and underemployment, and, further, if enacted, the ordinance would allow The Pit Bar, located outside the City limits and, thus, exempt from City ordinance regulation, an unfair competitive position. Gillespie spoke of the over-zealous nature of such an ordinance and stated such attempt at regulation represented unnecessary government intervention in private enter- prise. In conclusion, Gillespie stated that before a vote was taken on the ordinance the issue of a conflict of interest on the part of some of the Council- members should be clearly addressed. Martin Goresen, Betty Audette, Bob Valdatta, Joan Kilcup and Bill Casey also appeared from the audience and spoke against enactment of the ordinance. Steven Beals appeared and spoke in support of the ordinance. No one else appeared in order to be heard and the public hearing was closed. In response to a question from Councilmember Gillespie, City Attorney read in full the City Charter and Code sections on the procedure to be followed if a Councilmember appears to have a conflict of interest on an issue to be voted upon. He confirmed that the remaining members of the Council needed to decide, by a vote, if Mayor Hugli and Councilmember Leer had a conflict of interest relative to the proposed ordinance due to the fact that both had a financial interest in a local liquor establishment. Following discussion, it was moved by Potts, seconded by Soriano and unanimously carried by all those voting (Hugli and Leer did not vote), that Mayor Hugli and Councilmember Leer had a conflict of interest and, therefore, should abstain from voting on the enactment of proposed Ordinance No. 478. Following discussion, it was moved by Leer, seconded by Soriano, but did not carry as follows, to enact Ordinance No. 478: Ayes: Noes: Abstain: Absent: Campbell and Soriano Gillespie, Potts and Swartz Hugli and Leer None 2. Copies being made available to the public, Hugli noted by title only proposed Ordinance No. 479 reducing the membership of the Planning and Zoning Commission from nine to seven Commissioners, entitled: An Ordinance Relating to the Composition of the City Planning and Zoning Commission, Repealing and Re-enacting Section 2-77 of the Seward City Code P & z/ ORDS: (cont'd) HOSPITAL/ MARATHON ADDN: PAGE 378 REGULAR MEETING - SEPTEMBER 10, 1979 VOLUME 18 IX. (cont'd) ORDINANCES AND RESOLU~IONS: Notice of Public Hearing on the proposed 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. It was moved by Soriano, seconaed by Leer and unanimously carried to enact Ordinance No. 479. C. Resolutions: None X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. August 22, 1979, letter from George G. Tuthill, President of the Seward Volunteer Ambulance Corps, requesting the sale of Lot 13, Marathon Addition, to the Corps for construction of an ambulance garage and training center, was noted. Tuthill appeared from the audience and spoke in support of and answered questions on the Ambulance Corps' request. He stated that in order for the Corps to apply and be considered for receipt of various grant monies, the non-profit organization found it necessary to hold title to a parcel of land rather than just leasehold interest. City Manager stated the parcel would have to be rezoned prior to the proposed use by the Corps. City Manager recommended that the Council direct the administration to proceed to schedule the public hearing and draft the necessary resolution for compliance with the Code Code procedure for the disposition of Lot 13, Marathon Addition, for the sum of $1 to the Seward Volunteer Ambulance Corps; it was so moved by Soriano, seconded by Leer and unanimously carried. RECESS: The meeting was recessed at 8:34 p.m.; reconvened at 8:42 p.m. MARINA SUB: B. September 3, 1979, letter from Daniel and Ruth Smith, d/b/a the Silver Salmon Cache, requesting transfer of the lease of Lot 2, Block 1, Marina Subdivision, to Pete Minio for use as a fish processing and fast food facility, was noted. Gillespie stated he thought the Council had agreed at a previous meeting that the leases in the Marina Subdivision were to be revised to eliminate the references to specific allowable uses and, instead, the allowable uses would be those determined by the commercial zone as defined in the zoning ordinance. City Attorney stated if Council so directed, a resolution could be presented which would effectively remove the use restrictions from the various lease documents; City Manager confirmed that such a resolution would be drafted for Council consideration at the September 24 meeting. It was moved by Soriano, seconded by Gillespie and unanimously carried to recess to executive session regarding financial matters. RECESS: The meeting was recessed at 8:50 p.m.; reconvened at 9:04 p.m. Soriano, with Council consent, requested that prior to approving the lease assignment, Council require Mr. Minio to submit preliminary construction plans, including a time table for the construction. XII. CITY MANAGER REPORTS: ELECTIONS: A. August 24, 1979, letter from City Attorney Jarrell regarding the publication of material to influence the passage of the general obligation bond issue for the electric utility system improvements, to appear on the City General Election ballot of October 2, 1979, was noted. City Manager requested Council authority to provide a pamphlet to be mailed out with the City utility bills, as well as radio and newspaper advertisements, urging voter approval of the bond issue. Following discussion, it was moved by Soriano, seconded by Leer and carried as follows, to allow the City Manager to use his discretion in advertising the bond issue for the City of Seward, with enough money to do what is necessary: Ayes: Noes: Abstain: Absent: Campbell, Gillespie, Hugli, Leer, Potts and Soriano None Swartz None I TV: FIRE DEPT: I FIRE DEPT: WATERFRONT TRACTS: ANIMAL CONTROLS: I 4TH OF JULY CREEK AREA: WATERFRONT TRACTS: PAGE 379 REGULAR MEETING - SEPTEMBER 10, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: (cont'd) B. City Manager introduced from the audience the CitYB new Utility Manager and Engineer, Thomas Small. C. City Manager read in full an article which had appeared recently in the Ketchikan Daily News regarding Seward being selected as the site for construction of a shipyard. D. City Manager spoke on the administration's investigation into supplying up to 24 television channels to the residents of the City via satellite/earth station and cable system. He spoke on the estimated cost of such a system and recommended Council consider a plan of offering up to six channels to Seward residents, to be funded by one percent sales tax. He stated the local residents could then be offered the option of receiving additional channels at an established monthly charge. He stated the project needed further research and more detailed cost figures needed to be compiled. He explained that if Council so directed, the administration would proceed with developing a viable television service package, which would include the scheduling of a special election in November or December of 1979 in order to ask voter approval of the one percent sales tax. In answer to a question from Gillespie, City Manager stated the system could be in operation by December 1980. Following discussion, it was moved by Campbell, seconded by Swartz and unanimously carried to direct the City Manager to move forward with the project and proceed with preparation of a sales tax resolution. E. City Manager requested authorization to purchase the following budgeted equipment for the Fire Department: 1 Monitor nozzle - 6 turn out suits - 2 Scott Air Pacs - $1330 1081 1350 It was moved by Campbell, seconded by Swartz and unanimously carried to purchase the three items for the Fire Department at the stated prices. F. City Manager requested authorization to purchase two Wilson 45-watt radios for the Fire Department, also budgeted items, at a total cost of $1614.40. It was moved by Campbell, seconded by Swartz and unanimously carried to approve the purchase of the two radios at $1614.40. G. City Manager requested authorization to allocate $2700 from the Council contingency fund for Metco to remove the wooden steps at the north entrance to the ferry terminal building in the Waterfront Tracts and replace them with a 4-by-24 foot concrete ramp, complete with thaw wires and to also include hand railing. Gillespie voiced objection to the price figure. Potts stated it was his understanding that the thaw wires to be placed in the concrete ramp was the expensive item. Following discussion, it was moved by Swartz, seconded by Leer and carried as follows to authorize the City Manager to spend $2700 in labor and materials for Metco to put in a new ramp at the ferry terminal: Ayes: Noes: Absent: Campbell, Hugli, Leer, Potts, Soriano and Swartz Gillespie None H. City Manager distributed and spoke and answered questions on the monthly animal control report. I. City Manager distributed "Letter of Intent" dated August 31, 1979, by and between the City of Seward and Northern Offshore, Inc. regarding the construction of the proposed shipyard at the 4th of July Creek area. He stated the Letter was distributed for Council review and would be placed on the September 24, 1979, agenda as an item for discussion. J. City Manager stated the appraisal report had been received on Tracts 3 and 4, Seward Waterfront Tracts, currently under lease to Northern Stevedoring and Handling Corporation (NSHC) and due for rental adjustment pursuant to the 1970 Lease Agreement. He sited the appraiser's recommended lease rentals as $15,256 per year for Tract 3 and $14,048 per year for Tract 4. City Manager further stated that the City's 1976 agreement with NSHC for operation of the 4th Avenue Dock expired December 31, 1979, and recommended WATERFRONT TRACTS: (cont'd) ELECTRIC: PKS & REC: HARBOR COMSN: STREETS, RDS HWYS: MARINA SUB: K P B: PAGE 380 REGULAR MEETING - SEPTEMBER 10, 1979 VOLUME 18 XII. CITY MANAGER REPORTS: (cont'd) that Council direct him to notify NSHC that the City did not wish to renew the Dock License Agreement. He confirmed that it had been more than a year since the City had realized any revenue from NSHC's operation of the dock facility. Campbell voiced support of the City Manager's recommendation, stating this was the first opportunity the Council had to institute a suggestion as put forth by the Public Relations Ad Hoc Committee in that cancellation of the Dock License Agreement would eliminate the middleman in operation of the dock facility. Following discussion, it was moved by Swartz, seconded by Campbell and unanimously carried to inform NSHC that the City intends to cancel the Dock License Agreement, effective December 31, 1979. K. City Manager requested authorization to sign a contract with the engineering firm of CH2M Hill in the amount of $90,000 for the Grant Lake hydroelectric power feasibility study. He confirmed that the City had received Coastal Energy Impact Program funds totaling $91,000 for the project. It was moved by Campbell, seconded by Soriano and unanimously carried to sign the contract with CH2M Hill for $90,000 for the Grant Lake hydroelectric power study. L. City Manager distributed to Council copies of "Seventh Avenue Greenbelt - Preliminary Designs for Campground Improvements" dated August 1979, and "Preliminary Design Report - Seventh Avneue Greenbelt - City of Seward, Alaska" dated July 1979, and as prepared by the engineering firm of CH2M Hill. He also distributed an informational brochure entitled "Camping in Seward". XIII. COUNCIL DISCUSSION: A. "Notice of Vacancy - Seward Harbor Commission" as published two times in the local newspaper, and applications received from Dave Benttinen and Luella Wilfong, were noted. In anwer to an inquiry to Hugli, City Clerk confirmed that only one vacancy existed on the Commission. The Councilmembers conducted a secret ballot and, after counting the ballots, the City Clerk reported that Luella Wilfong had received four votes. Hugli confirmed Wilfong's appointment to the Harbor Commission. B. In response to Potts' inquiry at the August 27, 1979, meeting regarding the feasibility of extending 4th Avenue north from the harbor area to connect with Airport Road, City Manager distributed sketches showing three alternatives for the extended road alignment and spoke on the ownership of the parcels over which the road would pass. Following discussion of the three alternatives, Potts, with Council consent, requested the City Manager discuss the road extension proposal with the various' land owners in order to determine which route would be most feasible. C. A portion of the City Council meeting minutes of November 13, 1978, and March 12, 1979, regarding the development of Marina Subdivision Lots 5, 6, 7, Block 1, were noted. City Clerk and City Attorney explained that Lots 5 and 6 were combined into one lease document and, pursuant to Council action of March 12, Lot 5 was currently being used as the required off- street parking for the addition constructed to the Breeze Inn Restaurant on Lot 3. City Attorney stated it would not be necessary to separate Lots 5 and 6 into two leases; however, Council would have to be aware of the relationship between Lots 3 and 5 in the event that in the future the two parcels were not held by the same leaseholder. Gillespie stated that in the past when the zoning ordinance parking regulations were being established a suggestion had been made to provide an exemption to the off-street parking requirement for businesses which were located within 300 feet of a public parking lot. He asked that the feasibility of offering the Marina Subdivision leaseholders an exemption from the parking requirements as set forth in the zoning ordinance be considered, due to the public parking located on the ease side of 4th Avenue. D. City Attorney spoke on the legality of Kenai Peninsula Borough Ordinance No. 79-5l,setting forth a method of Assembly reapportionment involving a weighted voting system, which would appeared on October 2, 1979, Borough ballot. With Council consent, the City Attorney recommended Council proceed in the following manner regarding its protest of the ordinance: 1) seek the Attorney General's opinion on the legality of the weighted vote system for the Assembly as set forth in Ordinance No. 79-51, 2) take action to encourage the defeat of the October 2 ballot issue, and 3) decide what further action should be taken after it is determined if the voters approved the reapportionment plan. PAGE 381 REGULAR MEETING - SEPTEMBER 10, 1979 VOLUME 1 XIII. COUNCIL DISCUSSION: (cont'd) I E. Gillespie stated he had been contacted by a representative of the Resource Development Council, previously OMAR, regarding the City becoming a member of that organization. Campbell stated he thought the question of the legality of a governmental entity subscribing to such an organization was questionable due to the possible conflict of spending taxpayers' dollars in support of an agency which might not represent all the citizens' views on the issues. Following discussion, Gillespie requested that the question of the City's membership in the Resource Development Council appear as an agenda item at the September 24 meeting and at that time the City Attorney present his legal opinion on the matter. C COUNCIL F. the status of He stated that December 1979. In answer to a question from Campbell, Potts gave a report on operations of Kenai Lumber and future State timber sales. in any event the mill would remain in viable operation through G. Leer stated that she and Campbell would be the only Councilmembers not traveling to Denmark September 16-23 and noted a quorum would not be present if an emergency arose and action needed to be taken during the five Councilmembers' absence. In response, City Manager stated there were no longer any provisions in the City Code for the appointment of standby Councilmembers. H. In answer to a comment from Potts, City Manager stated he would investigate the report that a large amount of fresh water was pouring into the Bay from a line located on the Railroad dock. XIV. CITIZENS' DISCUSSION: No one appeared from the audience in order to be heard. XV. ADJ OURNMENT : (City adjourned at 10:52 p.m. I JoAnn City PAGE 381 REGULAR MEETING - SEPTEMBER 26, 1979 VOLUME 18 1. CALL TO ORDER: The September 26, 1979, regular meeting of the Seward City Council, as rescheduled from September 24, 1979, was called to order at 7:30 p.m. by Mayor Hugli. I 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 and Soriano (Absent, with Council consent, was Swartz) Present also: City Manager Johnson, City Attorney Jarrell, Admin. Asst. Schaefermeyer and City Clerk Shanley PAGE 382 REGULAR MEETING - SEPTEMBER 26, 1979 VOLUME 18 PROC: PROCLAMATION: City Clerk read in full City proclamation entitled "Bobby Wilfong Day - September 30, 1979" and Hugli presented the proclamation to Mr. Wilfong who was seated in the audience. Applause followed. IV. APPROV AL OF MINUTES: It was moved by Campbell, seconded by Soriano and unanimously carried by all those present to approve the regular meeting minutes of September 10, 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the Consent Calendar be amended by the deletion of item 3. regarding an agreement with The Alaska Railroad for police patrols of the railroad dock; further, he requested that the following item be added: 5. Approval of the Mayor's signature on the "Application for Permit for Authorized Games of Chance and Skill" for Calendar Year 1979 as submitted by the Seward Women's Bowling Association City Manager requested that the following items be added to the regular meeting agenda: VIII. Citizens' Discussion: A. Sara Horrell B. Paul Seaton In conclusion, City Manager requested an executive session be held immediately following completion of the regular meeting agenda in order to discuss a legal matter. It was moved by Leer, seconded by Soriano and unanimously carried by all those present to hold an executive session following the regular meeting in order to discuss legal matters. It was moved by Soriano, seconded by Leer and unanimously carried by all those present to approve the regular meeting agenda and consent calendar as amended and the following actions were taken: C ATTORNEY: 1. Letter dated September 18, 1979, transmitting Cranston, Walters, Dahl & Jarrell's bill for legal services rendered during August 1979, totaling $5,087.68, was approved for payment and filed. 4TH OF JULY CREEK AREA: 2. September ll, 1979, Invoice No. 6450 from Air Photo Tech, Inc. for aerial photography, drafting and mapping of the 4th of July Creek area, totaling $4,057.50, was approved for payment and filed. ALASKA RAILROAD: 3. Action was continued to a later date on the August 23, 1979, letter receivedfrom The Alaska Railroad, trans- mitting Supplement #5 to Contract No. 69-25-0003-4457, extending to September 30, 1980, the police protection of the Railroad facilities in Seward at the rate of $600 per month; and, Police Chief Bencardino's letter of September 18, 1979, requesting the monthly service fee be increased by $50. I M S: 4. September 10, 1979, letter from the University of Alaska, Fairbanks, Acting Director Alexander, regarding the status of the Institute of Marine Science's new public education facility to be constructed in Seward, was presented for information and filed. LOC ORGS: 5. Council approved the Mayor's signature on the "Application for Permit for Authorized Games of Chance and Skill" for Calendar Year 1979, as submitted by the Seward Women's Bowling Association. HOSPITAL/ MARATHON MI: WATERFRONT TRACTS: I I PAGE 383 REGULAR MEETING - SEPTEMBER 26, 1979 VOLUME l8 VI. BOROUGH ASSEMBLY REPORT: Councilmember Campbell gave a verbal report on the Kenai Peninsula Borough Assembly meeting of September 18, 1979. VII. PUBLIC HEARINGS: A. Public hearing was opened on the proposed disposition of City- owned Lot 13, Marathon Addition, to the Seward Volunteer Ambulance Corps for location of an ambulance garage and training center, and the following items were noted: "Seward City Council Notice of Public Hearing" as published one time in the local newspaper, noticing of scheduled hearing September 18, 1979, letter from City Attorney Jarrell and attached resolution and Quitclaim Deed proposed for presenta- tion at the October 10 Council meeting No one appeared from the audience in order to be heard and the public hearing was closed. City Manager confirmed the resolution approving disposition of the parcel to the Ambulance Corps would be presented at the October 8 meeting for Council action. In answer to a question from Campbell, Corps President Gerald Tuthill appeared from the audience and stated that the four year deadline for construction completion, as contained in the Deed, was acceptable to the Corps. VIII. CITIZENS' DISCUSSION: A. Sara Horrell appeared from the audience and spoke on the need for staff funding for the Seward Teen Center. She explained that the Center, located on Tract 2, Seward Waterfront Tracts, was organized and operated by the North Pacific Rim. She stated the director and assistant position had been funded by the Federal CETA program; however, the Center had recently been notified of the termination of those funds. She requested Council monetary aid to staff the Center. Gillespie stated when Council had donated the building for the Teen Center, it was stated at that time that the Center organizers would not be coming back to the Council and requesting additional funding. He stated the North Pacific Rim people had not kept in contact with the Council regarding operation of the Center. City Manager recommended Council request that the same representatives of the North Pacific Rim who had come before Council previously regarding the building for the Center, again be requested to come before Council and explain the Center's funding status. Following discussion, Gillespie, with Council consent, requested Horrell to have the North Pacific Rim representatives contact the Council with more information on the Center's operation. B. Paul Seaton, local representative to the Cook Inlet Regional Aquaculture Association, appeared from the audience and gave a verbal report on the Association's long-term program of lake fertilization at Crescent and Bear Lakes. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None .~,;- ~ i:l PAGE 384 REGULAR MEETING - SEPTEMBER 26, 1979 VOLUME 18 IX. ORDINANCES AND RESOLUTIONS: C. Resolutions: TELEVISION/ ELECTIONS/ RES: 1. Copies being made available to the public, Hugli noted by title only proposed resolution calling for a special election to present a one percent sales tax proposition to the City electorate, the tax to fund television service for Seward residents, entitled: A Resolution Providing for the Submission to the Qualified Electors of the City of Seward, Alaska, the Question of the Levying of a One Percent Sales Tax for the Purpose of Providing Additional Television Broad- casting Service to the Residents of the City of Seward, Alaska, at a Special Election to be Held for That Purpose on Tuesday, November 13, 1979 In answer to questions from Gillespie, City Manager stated the administration was recommending a cable television system for various reasons, among them was the FCC regulation prohibiting the rebroadcasting of a satellite signal and, additionally, better reception was anticipated from a cable system. City Manager spoke on the operation and maintenance of the City's current translator for the rebroadcasting of Channel 2 and stated that due to the need to replace the equipment in the next few years, it was possible that the cost of maintaining Channel 9 service would soon approach the costs of the administration's proposal to provide up to six television channels via satellite and cable system. Gillespie stated that although the City did not have a legal obligation he felt there was a moral obligation to attempt to provide the same television services to the people ~iving outside the City limits. He spoke in favor of a different method of financing the television service and recommended a user fee. City Manager stated the cable system could be extended beyond the City limits if those individuals in the area wanted to pay for the service. Further, he commented that a user fee method of funding television service would mean an excessive cost for the service due to the additional administrative cots for cable hook-ups, disconnects, bad debt collections, etc. Potts reminded Council that they represented the citizens of Seward and should do everything in their power to provide the most economical method of television service to the citizens. Luella Wilfong appeared from the audience and stated that she, as a business owner having to collect the tax, would have a difficult time justifying the tax to those nonresidents of the City. Hugli stated that for as many years as he had sat on the Council, a major item of discussion had been television service and the administration's current proposal was the best alternative presented to date. Leer stated she would be willing to continue to work with residents outside the City limits in order to assist in the acquisition of State funds for extension of television service to the unincorporated area. In answer to a question from Gillespie, City Manager stated live Alaska news would not be available on the channels proposed to be, offered free to the City residents. In answer to a question posed by Joanne Hoogland from the audience, City Attorney confirmed that the City of Seward was not regulated by the Public Utilities Commission. Following discussion, it was moved by Soriano, seconded by Potts and carried as follows to approve Resolution No. 79-39, scheduling a special election for November 13, 1979: Ayes: Noes: Absent: Campbell, Hugli, Leer, Potts and Soriano Gillespie Swartz MARINA SUB/ RES: 2. Copies being made available to the public, Hugli noted by title only proposed resolution regarding use restrictions on City-leased property in the Marina Subdivision, entitled: A Resolution of the City Council of the City of Seward, Alaska, Removing Restrictions on Uses of Land Contained in Leases of Lots Within the Marina Subdivision MARINA SUB/ RES: (cont'd) I 4TH OF JULY CREEK AREA/ RES: I I PAGE 385 REGULAR MEETING - SEPTEMBER 26, 1979 VOLUME 18 IX. ORDINANCES AND RESOLUTIONS: (cont'd) C. Resolutions: (cont'd) For further clarification, City Attorney recommended the resolution be amended by the addition of the following sentence to Section 2: No consent is given in Section 1 for any use requiring new construction or alteration of an existing structure which necessitates issuance of a building permit. City Attorney remarked that the additional wording would allow Council to retain control over additional construction in the Marina Subdivision; however, it would allow the leaseholders to operate their businesses in conformance with zoning regulations without the restraint of additional use restrictions. In answer to a question from Leer regarding the storage of boats and trailers, City Manager confirmed that such storage would be allowed if it was in conformance with allowable uses as set forth in the Seward zoning ordinance for a Limited Commercial district. In answer to a question from Potts, Dale Clemens, lessee of Lot 1, Block l, Marina Subdivision, appeared from the audience and spoke in support of the resolution. Following discussion, it was moved by Campbell, seconded by Potts and unanimously carried by all those present to approve Resolution No. 79-40 as amended. 3. Copies being made available to the public, Hugli noted by title only proposed resolution regarding the route reconnaissance for the 4th of July Creek industrial area access road, entitled: A Resolution to Commit the $30,029 of Unencumbered Funds Available Through the State of Alaska, Local Service Roads and Trails Program, for the Route Reconnaissance of a Secondary Highway From Nash Road to the Fourth of July Creek Area City Manager stated the access road was essential for development of the shipyard at the 4th of July Creek site and the time frame for completion of the construction was critical. He stated the $30,029 in Roads and Trails Program funds had not yet been received from the State. Further, he commented that the State was holding $500,000 earmarked for the City, as approved by a 1974 bonding proposition. He recommended Council approve the resolution but, in addition, authorize him to expend $30,000 of the $500,000 if those monies could be received more expeditiously than the Roads and Trails funds. Following discussion, it was moved by Soriano, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 79-4l. It was moved by Soriano, seconded by Leer and unanimously carried by all those present to authorize the City Manager to utilize up to $30,000 of the $500,000 State funds if these funds could be, received prior to the Roads and Trails monies, in order to perform the route reconnaissance of the 4th of July Creek area access road. City 11anager confirmed that the administration had requested Statements of Qualifications from engineering firms relative to the route reconnaissance work, five firms had responded. and, based on the review of the qualifications in the specific area of highway construction, the admin- istration had ranked the firms as follows: 1 - R & M Consultants 2 - CH2M Hill 3 - DOWL 4 - Trans-Alaska Engineering 5 - Arctic Environmental Engineers City Manager requested Council authorize him to negotiate with the firms in their ranked order for the route reconnaissance work. In answer to a question from Gillespie, City Manager stated the contract was anticipated to be awarded October 1 with a completion date set for November 15, 1979. Leer and Gillespie voiced support of award of the contract to the local engineering firm, Trans- Alaska Engineering. Following discussion, it was moved by Soriano, seconded by Campbell and carried as follows to accept R & M Consultants to do the route r ~ PAGE 386 REGULAR MEETING - SEPTEMBER 26, 1979 VOLUME 18 IX. (cont'd) ORDINANCES AND RESOLUTIONS: C. Resolutions: (cont'd) 4TH OF JULY reconnaissance, with CH2M Hill and DOWL designated as the alternates, in that CREEK AREA: order: (cont'd) 4TH OF JULY CREEK AREA: PLANNING & ZONING: ELECTRIC DEPT: HARBOR: POLICE: POLICE: Ayes: Noes: Absent: Campbell, Hugli, Potts and Soriano Gillespie and Leer Swartz X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. "Letter of Intent" dated August 31, 1979, by and between the City of Seward and Northern Offshore, Inc. regarding the construction of the proposed shipyard at the 4th of July Creek area, was noted. Following discussion, it was moved by Gillespie, seconded by Potts and unanimously carried by all those present to accept the Letter of Intent, to include a six month time frame starting October 1, 1979. B. Proposed revision to the Seward zoning regulations as enacted by Kenai Peninsula Borough Ordinance No. 78-26, regarding townhouses, condominiums and schools, were noted. Administrative Assistant confirmed that the Seward Advisory Planning and Zoning Commission had already directed the Borough Planning Department to proceed with the townhouse and condominium amendments to the zoning ordinance and a public hearing on the amendments had been scheduled before the local Planning Commission on October 4, 1979. He stated the administration was asking the Council at this time to direct the Borough Planning Department to proceed with the zoning ordinance amendment regarding schools, requesting the Borough to schedule a public hearing on the zoning amendment to delete the permitted use of public schools in RR, R-l and R-2 districts, thereby bringing the allowable land uses for public and private schools into conformity. Following discussion, it was moved by Campbell, seconded by Potts and unanimously carried by all those present to request a public hearing be scheduled to delete public schools from RR, R-l and R-2 zones. XII. CITY MANAGER REPORTS: A. September 13, 1979, memorandum from CH2M Hill regarding an electrical rate study for the City of Seward, the project costs not to exceed $10,000, was noted. City Manager requested Council approval of the rate study as set forth in the memorandum, with the study to commence October 1 and to be completed by November 15, 1979. It was moved by Soriano, seconded by Leer and unanimously carried by all those present to authorize the City Manager to spend not to exceed $10,000 from the Electric fund for the rate study. B. September 10, 1979, letter from Kenai Peninsula Borough Principal Planner Waits, transmitting "Port and Harbor Demand Feasibility Study" dated August 1979, as prepared by Woodward-Clyde Consultants and Soros Associates, was noted. City Manager urged all the Councilmembers to review the "Interim Study" and attend the discussion on the report to be held in the City Council Chambers the evening of September 27. C. Ci~y Manager requested Council authority to spend $4,940 from the State jail contract funds in order to purchase athletic and exercise equipment. Following discussion, it was moved by Potts, seconded by Leer and carried as follows to direct the City Manager to spend $4,940 from State jail contract funds for exercise equipment for the City jail: Ayes: Noes: Absent: Gillespie, Hugli, Leer and Potts Campbell and Soriano Swartz D. City Manager requested Council authority to spend $3,600 from grant monies received by the City for the purchase of three portable radios and three tape recorders, to be used for a Borough-wide drug unit with a unit to be located in each of the three cities of Seward, Soldotna and Kenai. POLICE: (cont'd) PAGE 387 REGULAR MEETING - SEPTEMBER 26, 1979 VOLUME l8 XII. CITY MANAGER REPORTS: (cont'd) Soriano stated it was unfortunate when the City of Seward had funds to purchase exercise equipment and radios and the community of Cooper Landing did not have adequate funds to purchase gasoline for its ambulance. Following discussion, it was moved by Campbell, seconded by Leer and carried as follows to buy the radios as presented: Ayes: Campbell, Gillespie, Hugli, Leer and Potts Noes: Soriano III Absent: Swartz ELECTRIC: E. City Manager stated there was a balance of $8,700.94 outstanding on the Mile 18 electrical utility line relocation project and requested authority to pay Dodge Electric Company the amount due from State grant funds; it was so moved by Campbell, seconded by Soriano and unanimously carried by all those present. 4TH OF JULY CREEK AREA: F. City Manager spoke on the preliminary location plans for the shipyard to be constructed at the 4th of July Creek area. He requested permission to enter into negotiations with the private property onwer to the south of the City property in order to discuss a swap of approximately 32.72 acres to enlarge the City's useable holdings in the area and, further, to provide access to the easterly parcels owned by the City. Following discussion, it was moved by Potts, seconded by Soriano and unanimously carried by all those present to give the City Manager the authority to negotiate with the property owner to the south regarding a swap of lands. C COMPTROLLER: G. City Manager reported on the letter the City had received from the State regarding the City's application for State revenue sharing funds. He stated allocation of the funds was based on local population figures and the State had informed the City that Seward could only claim 1778 residents which meant an $11,000 shortfall in anticipated funds. City Manager stated a letter of appeal had already been prepared by the administration. I XIII. COUNCIL DISCUSSION: C COUNCIL: A. Gillespie stated he had requested the City Attorney's oplnlon on the legality of the City becoming a member of the Resource Development Council, formerly known as OMAR. August 15, 1978, letter from Borough Attorney Sarisky regarding Borough membership in OMAR, was noted. City Attorney stated he did not feel the Borough Attorney's opinion was totally valid and stated the expenditure of public funds to support such an organization as RDC was, in his opinion, allowable. Gillespie confirmed the membership fee was $.02 per month per citizen. Following discussion, it was moved by Gillespie, seconded by Campbell and carried as follows to become members of the Resource Development Council at the cost of not to exceed $.02 per citizen per month, for a period of one year: ELECTIONS/ C COUNCIL: I Ayes: Noes: Absent: Campbell, Gillespie, Hugli, Leer and Potts Soriano Swartz B. It was noted that a special meeting of the Council had to be scheduled in order to conduct the canvass of the October 2 City General Election. Following discussion, Hugli, with Council consent, scheduled the special meeting for Wednesday, October 3, 1979, commencing at 4:00 p.m. Campbell requested to be excused as he would be out of town on that date. C. Gillespie gave a verbal report on the recent trip to Denmark taken by five Councilmembers, the City Manager and numerous local residents. The purpose of the trip was to view the operations of Burmeister/Wain, the Danish firm involved with the proposed 4th of July Creek shipyard project, and also to tour various ship building facilities, harbors and bottom fish plants. Gillespie further commented that the State had opened a Foreign Trade Office in Denmark and the Councilmembers had visited the office. He stated he was not pleased with the current staffing of the office, stating he did not feel the office assistant was a good representative of the State. ... d (.\(~ PAGE 388 REGULAR MEETING - SEPTEMBER 26, 1979 VOLUME 18 XIV. CITIZENS' DISCUSSION: A. Fire Chief Oscar Watsjold appeared from the audience and stated that recently it had been reported that there existed a lack of cooperation on the part of the City Fire Department with members of the Bear Creek Fire Service area. Watsjold stated when the service area was organized he had offered all his assistance in order to get the fire department operational. XV. ADJOURNMENT: The meeting was adjourned at 10:28 p.m. The Councilmembers immediately went into executive session in order to discuss legal matters. ~L.e! f< Mayor PAGE 388 SPECIAL MEETING - OCTOBER 3, 1979 VOLUME 18 I. CALL TO ORDER: The October 3, 1979, special meeting of the Seward City Council was called to order at 4:00 p.m. by Mayor Hugli. II. OPENING CEREMONY: Councilmember Campbell led the pledge of allegiance to the flag. II I. ROLL CALL: Present were: Mayor Hugli; Councilmembers Campbell, Potts, Soriano and Swartz (Absent were Councilmembers Gillespie and Leer) Present also: City Manager Johnson, City Clerk Shanley and Deputy City Clerk Ledet IV. CANVASS OF OCTOBER 2 ELECTION AND DECLARATION OF RESULTS: ELECTIONS/ C COUNCIL: A. City Clerk distributed a tally of the unofficial results of the October 2, 1979, General Municipal Election, read the total number of votes cast for each candidate and for and against Proposition No. 1 and confirmed that 416 ballots had been cast with 410 being counted by the election boards -- 6 ballots were questioned and would be presented to the Canvass Board for a decision on whether or not to count those votes. The Clerk distributed a list of the 28 electors who had requested absentee ballots. She stated the ballots which had been mailed in by Kelly Lake, Joanne McCabe and Robert McCabe lacked the required two attesting signatures and recommended that the Canvass Board not count the three ballots. She recommended that the remaining ballots cast by the 25 absentee voters be accepted. Following discussion, it was moved by Swartz, seconded by Potts and unanimously carried by all those present that 25 absentee ballots be counted and those ballots of Kelly Lake, Joanne McCabe and Robert McCabe not be counted because of incorrect attestations. Absentee ballots as cast by the following individuals were removed from their outer envelopes and set aside to be counted by the Canvass Board: ELECTIONS/ C COUNCIL: (eont'd) I I I Write-ins t', PAGE 389 SPECIAL MEETING - OCTOBER 3, 1979 VOLUME 18 IV. CANVASS OF OCTOBER 2 ELECTION AND DECLARATION OF RESULTS: (cont'd) Julia Bern Edgar Blatchford Jack Butler C. Keith Campbell Jacqueline Campbell Robert Crowley Virginia Darling C. Bernice Davis Hans Hafemeister Margaret Hafemeister Lillian Heddinger Janis Hilton Richard Hofstad Sara Horrell Jack V. Johnson Wilbur Kuehny George Mueller Donald Oldow Pamela Oldow Gilbert Ol1estad David Renwick Stephen Rockwood Paul Seaton Tina Seaton Larry Thorn City Clerk distributed a list of the 1 individual in Precinct No. 1 and the 5 people in Precinct No. 2 who had been required by the precinct chairmen to cast questioned ballots on October 2. She stated she was recommending that 2 of the 6 questioned ballots be approved for counting by the Canvass Board. She explained that the ballots of Christy Ann Leer and William S. McDonald had been questioned due to the fact that they were listed as registered voters in the Bear Creek precinct. However, she stated, an administrative error had occurred in so listing the two electors because, in fact, they had listed as their residence address on the voter registration cards a City address. The Clerk recommended that the ballots of Leer and McDonald be counted. John H. Wilfong had also been required to cast a questioned ballot because his name did not appear on the voter registration list for either of the City precincts. Upon checking with the Election Supervisor's office in Anchorage, City Clerk stated that Wilfong was not a registered voter of the State of Alaska and recommended that his ballot not be counted. Myron I. Carpenter had been required to cast a questioned ballot because he was listed as a registered voter in an Anchorage precinct. Upon checking with the Election Supervisor's office, it was determined that Carpenter had changed his address to Seward on September 10, 1979, but that date was not 30 days prior to the Election as required by Alaska Statutes Sec. 15.07.090 (c) and (d). The Clerk recommended that Carpenter's ballot not be counted. The Clerk further explained that Philip B. Richardson and David L. Wetzel had been required to cast questioned ballots. Richardson and Wetzel were both listed on the State voter registration list as eligible to vote in Fairbanks; the necessary change of address to Seward had not been filed by either voter. The Clerk recommended that the ballots of Richardson and Wetzel not be counted. Following discussion, it was moved by Potts, seconded by Campbell and unanimously carried by all those present to count the questioned ballots of Christy Ann Leer and William S. McDonald and to reject the ballots of Myron I. Carpenter, Philip B. Richardson, David L. Wetzel and John H. Wilfong. The questioned ballots as cast by Christy Ann Leer and William S. McDonald were removed from their outer envelopes and placed with the absentee ballots for counting by the Canvass Board. The 27 absentee and questioned ballots as approved for counting were shuffled and removed from their blank white envelopes. With Potts observing, Hugli read the voted ballots aloud and the results were tallied and added to the totals of those ballots cast and counted on October 2. The City Clerk read the results of the combined totals as follows and it was moved by Potts, seconded by Swartz and unanimously carried by all those present to accept the results of the Election and declare the new City Councilmembers to be John F. Gillespie, C. Keith Campbell and Donald W. Cripps; the new Mayor to be Raymond L. Hugli; and to declare that Proposition No. 1 passed: CITY COUNCIL Two Year Term ABSENTEE AND (Three to be Elected) PRECINCT NO. 1 PRECINCT NO. 2 QUESTIONED TOTALS Sam S. Banic 49 90 8 147 C. Keith Campbell 88 l54 l5 257 Donald W. Cripps 63 135 12 210 John F. Gillespie 91 181 21 293 Jean E. Leer 54 93 7 154 Julie Renwick 21 55 9 85 April Tillotson 23 43 0 66 Donald Coisman 0 0 1 1 Martin Goresen 0 0 1 1 PAGE 390 SPECIAL MEETING - OCTOBER 3, 1979 VOLUME 18 IV. CANVASS OF OCTOBER 2 ELECTION AND DECLARATION OF RESULTS: (cont'd) ELECTIONS/ MAYOR OF COUNCIL C COUNCIL: Two Year Term ABSENTEE AND (cont'd) (One to be Elected) PRECINCT NO. 1 PRECINCT NO. 2 QUESTIONED TOTALS Raymond L. Hugli 76 155 15 246 Robert "Bob" Valdatta 58 94 11 163 Write-ins C. Keith Campbell 1 0 0 1 John F. Gillespie 3 3 0 6 Ruth McHenry 0 2 0 2 Charles Soriano 1 2 0 3 PROPOSITION NO. 1 ($1,700,000 bond issue for electric system improvements) YES 112 220 23 355 NO 18 30 2 50 TOTAL BALLOTS COUNTED l45 265 27 437 V. ADJOURNMENT: adjourned at 4:26 p.m. -~ ~~ !-A\ \ ftaym d L. H gti Y Mayor .....-.". -' -------------------------------------------------------------------------------- PAGE 390 REGULAR MEETING - OCTOBER 8, 1979 VOLUME l8 I. CALL TO ORDER: The October 8, 1979, regular 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; Councilrnembers Campbell, Gillespie, Potts, Soriano and Swartz (Absent was Leer) Present also: City Manager Johnson, City Attorney Jarrell, Admin. Asst. Schaefermeyer and City Clerk Shanley PAGE 391 REGULAR MEETING - OCTOBER 8, 1979 VOLUME 18 IV. APPROV AL OF MINUTES: City Clerk noted that on page 383 of the September 26, 1979, meeting minutes, VII. Public Hearings: A., the reference in the fourth paragraph to the October 10 Council meeting should have read the "October 8 meeting" It was moved by Campbell, seconded by Potts and unanimously carried by all those present to approve the regular meeting minutes of September 26, 1979, as corrected and the special meeting minutes of October 3, 1979, as presented. IC V. SEATING OF NEWLY-ELECTED MAYOR AND COUNCIL: COUNCIL: Mayor, Cripps to the The City Clerk administered the Oath of Office to the newly-elected Raymond L. Hugli, and to Councilmembers C. Keith Campbell, Donald W. and John F. Gillespie. Hugli distributed the Certificates of Election new Councilmembers. VI. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following additions be made to the regular meeting agenda: IX. Citizens' Discussion: B. Paul Arnett - First Southwest Company X. Ordinances and Resolutions: C. Resolutions: 1. Proposed Resolution No. 79-45 regarding an amendment to the Seward Land Use Plan I Following discussion, it was moved by Soriano, seconded by Campbell and unanimously carried to approve the regular meeting agenda as amended and the consent calendar as presented and the following actions were taken: BUDGET: 1. September 30, 1979, invoice from Price Waterhouse and Company, Inc. in the amount of $497.24 for the audit of the City's books for fiscal year 1978-79, was approved for payment and filed. COMPTROLLER: 2. Comptroller's list of Accounts Payable for September 1979, totaling $196,711.67, was approved for payment and filed. VII. BOROUGH ASSEMBLY REPORT: None VIII. PUBLIC HEARINGS: None IX. CITIZENS' DISCUSSION: SEWARD FISHERIES: I A. Pete Larson of Seward Fisheries (SF) appeared from the audience and spoke on the "Fish Waste Handling and Transportation Study" dated June 1979, as prepared by Environmental Services Limited for the City of Seward, and distributed to Council at that time. He spoke on the recommendations for operation of the SF fish meal plant as contained in the report and the manner and methods in which SF was trying to institute those recommendations, although not always successfully. In closing, Larson thanked the Council for approving the grant which funded the Environmental Services Limited report. COMPTROLLER: B. Paul Arnett, Regional Manager, First Southwest Company, appeared from the audience and spoke on the "Financial Advisory Agreement" which the City Manager had earlier distributed. Arnett stated his firm was willing to act as the City's financial advisors in the areas of special projects such as capital expansiop, the City's operating budget and City computerization, etc. He spoke on First Southwest's service fees. Following discussion, it was moved by Gillespie, seconded by Campbell and unanimously carried to retain First Southwest Company as the City's financial advisors. PAGE 392 REGULAR MEETING - OCTOBER 8, 1979 VOLUME 18 XII. NEW BUSINESS: (Taken out of order by Mayor, with Council consent) WATERFRONT TRACTS: A. October 2, 1979, letter from the Alaskan Fisheries Company, requesting a lease of Tracts 5 and 6, Seward Waterfront Tracts, was noted. Charles Hendrix, Manager of Alaskan Fisheries Company, appeared from the audience and requested Council approval of the long-term lease proposal and stated the intentions of his firm were to construct a dock facility at which to berth the M/V ALASKAN I, and, further, to construct a warehouse of approximately 5000 square feet on the uplands. City Manager stated Tracts 5 and 6 had been leased in past years to Northern Stevedoring and Handling Corporation; however, he recommended that prior to entering into another lease of the parcels that proper subdivision of the tracts be completed, separating the tidelands from the uplands. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried to give Alaskan Fisheries 60 days in which to submit a formal proposal for the lease of Tracts 5 and 6, Seward Waterfront Tracts, during which time the City shall not entertain any further offers on the tracts. RECESS: The meeting was recessed at 8:27 p.m.; reconvened at 8:34 p.m. IX. CITIZENS' DISCUSSION: (cont'd) 4TH OF JULY C. City Manager distributed an air photograph of the 4th of July CREEK AREA: Creek area on which was denoted the administration's proposed swap of 83.99 acres of City land for 32.72 acres owned privately, the private parcel located adjacent to the City's holdings on which the proposed shipyard was anticipated to be constructed. City Manager explained that the addition of the 32.72 acres of privately-owned land to the City's holdings would enhance the parcel on which the shipyard would be located and, further, would allow access to the City's lots lying to the east. He recommended approval of the exchange of land. Dale Lindsey, representing the private land owners, appeared from the audience and stated the negotiations were still in the preliminary stages and the private land owners had not yet agreed upon the swap. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried to direct the City Manager to negotiate this land swap of 32.72 acres with the three property owners for the 83.99 acres of City property. X. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: 4TH OF JULY CREEK 1. Copies being made available to the public, Hugli noted by AREA/HARBOR/title only proposed resolution accepting a $500,000 port facility grant from RES: the State of Alaska, entitled: A Resolution Accepting a Port Facility Development Grant From the State of Alaska, Department of Transportation and Public Facilities It was moved by Gillespie, seconded by Soriano and unanimously carried to approve Resolution No. 79-42. HOSPITAL/ MARATHON ADDN / RES: I POLICE/ BUDGET/ RES: PLANNING & ZONING / RES: I r r , , PAGE 393 REGULAR MEETING - OCTOBER 8, 1979 VOLUME 18 X. ORDINANCES AND RESOLUTIONS: (cont'd) C. Resolutions: (cont'd) 2. Copies being made available to the public, Hugli noted by title only proposed resolution providing for the sale of Lot 13, Marathon Addition, to the Seward Volunteer Ambulance Corps, entitled: A Resolution of the City Council of the City of Seward, Alaska, Providi~g for the Disposal of Lot 13, Marathon Addition, and Authorizing the City Manager to Negotiate the Sale Thereof It was moved by Potts, seconded by Soriano and unanimously carried to approve Resolution No. 79-43. 3. Copies being made available to the public, Hugli noted by title only proposed resolution appropriating funds received from the State Criminal Justice Planning Agency and revising the fiscal year 1979-80 budget to reflect the additional funds, entitled: A Resolution Appropriating Funds Received From the Criminal Justice Planning Agency and Revising the City Budget for Fiscal Year 1979-80 to Reflect the Appropriation of Funds City Manager confirmed that Council had approved the expenditure of the funds at its last meeting. It was moved by Gillespie, seconded by Campbell and unanimously carried to approve Resolution No. 79-44. 4. Copies being made available to the public and distributed to Council, Hugli noted by title only proposed resolution revising the Seward Land Use Plan, entitled: A Resolution Approving a Change to the Proposed Land Use Plan Administrative Assistant pointed out on a map the area in the Cliff Addition proposed to be changed from its designation as a neighborhood residential district to a multi-family residential district. In answer to a question, Administrative Assistant stated the, resolution was a direct result of the townhouse complex Patrick O'Brien was proposing to construct in the area. He confirmed that the Seward Advisory Planning and Zoning Commission had held a public hearing on the Land Use Plan amendment and, receiving no objection, had approved the revision. City Manager stated the administration recommended approval of the resolution. Following discussion, it was moved by Potts, seconded by Swartz and unanimously carried to approve Resolution No. 79-45. XI. UNFINISHED BUSINESS: None XII. NEW BUSINESS: A. (See page 392) STREETS/CLIFF B. The following items were noted relative to the request for the I ADDN: vacation of that portion of the 80 foot right-of-way known as First Avenue lying between Lots 2-5, Block 7, and Lots 2-7.and Lot 15, Block 8, Cliff Addition: Public Notice as published two times in the "Seward Phoenix Log" noticing of the public hearing scheduled for September 24, 1979, before the Borough Plat Com- mittee on the proposed vacation Area and vicinity maps of the proposed vacation STREETS/ CLIFF ADDN: (cont'd) LOC ORGS: ELECTRIC: ELECTRIC: PAGE 394 REGULAR MEETING - OCTOBER 8, 1979 VOLUME 18 XII. (cont'd) NEW BUSINESS: A portion of the Seward Advisory Planning and Zoning Commission meeting minutes of September 12, 1979, at which time a public hearing was held on the requested vacation City Manager confirmed that the requested vacation had been approved by the local Planning Commission and the Borough Plat Committee. Following discussion, it was moved by Campbell, seconded by Potts and unanimously carried to vacate that portion of the 80 foot right-of-way known as First Avenue lying between Lots 2-5, Block 7, and Lots 2-7 and Lot 15, Block 8, Cliff Addition. C. October 2, 1979, letter from Barbara Chu, Chairman of the Johnson-O'Malley Parent Committee, requesting funding for the Seward Teen Center staffing, was noted. Kathleen Putman, Acting Director of the Center, appeared from the audience and spoke and answered questions on the Center's operations and need for funding. City Manager recommended that the Council approve interim funding for the Director's position at the requested amount of $2000 and, in answer to a question, stated the monies were available in the Mayor and Council contingency fund. Following discussion, it was moved by Potts, seconded by Swartz and carried as follows to appropriate $2000 for the Teen Center: Ayes: Noes: Absent: Campbell, Cripps, Gillespie, Hugli, Potts and Swartz Soriano None Potts stated that prior to any further funds being given to the program he expected to see members of the Johnson-O'Malley Parent Committee and the North Pacific Rim appear to explain their part in the support of the Center. In answer to a statement from Potts, Putman confirmed she would give the Council a status report on the operation of the Center at the November 26 Council meeting. XIII. CITY MANAGER REPORTS: A. City Manager requested permission to hire local surveyor Robert Summers to perform survey work relative to the new electrical sub- station, in the amount of $1080. It was moved by Campbell, seconded by Gillespie and unanimously carried to authorize the City Manager to hire Robert Summers to layout the new substation, at $1080. B. City Manager reported that the new electrical substation would be located on City property to the south of the existing generating plant. He requested Council approval to clear the land, at a cost estimated not to exceed $5000. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried to authorize the City Manager to move the substation to the south side of the present generator in the Ft. Raymond area and to proceed with the clearing of the land. OCEANVIEW SUB C. City Manager referred to a letter dated September 25, 1979, (R-2l): which the City had received from the Department of Housing and Urban Development Acting Area Manager Duffy, requesting a check in the amount of $60,207 to close out the R-2l Urban Renewal project. City Manager requested Council authorization to pay the amount owing. Following discussion, it was moved by Gillespie, seconded by Potts and unanimously carried to approve the payment to HUD for the R-2l Urban Renewal project for the final balance in the amount of $60,207. WATERFRONT TRACTS: D. City Manager stated that the plat of the City-owned Waterfront Tracts had never been recorded. He stated the tracts as platted included tidelands as well as uplands. With Council consent, he recommended he be authorized to obtain proposals from the local surveyors and engineers to provide a replat of the area. PAGE 395 REGULAR MEETING - OCTOBER 8, 1979 VOLUME 18 XIII. CITY MANAGER REPORTS: (cont'd) E. City Manager informed the Council that the City would observe Alaska Day on Friday, October 19, instead of October 18, in order to allow employees a three-day weekend. XIV. COUNCIL DISCUSSION: C COUNCIL: A. It was noted that a Vice Mayor of Council needed to be appointed for the coming year. Potts, with Council consent, recommended that the Council III retain present Vice Mayor, John Gillespie. C COUNCIL/ B. It was noted that a Kenai Peninsula Borough Assembly representative K P BOROUGH:needed to be appointed for the coming year. Potts, with Council consent, recom- mended that the Council retain present Kenai Peninsula Borough Assembly representa- tive, C. Keith Campbell. C. In answer to a question from Campbell, Potts gave a status report on Kenai Lumber's meetings with the State regarding timber supplies to keep the mill operational past December. D. Campbell reported that he would accompany the City Manager to Palmer on Thursday in order to view the City's computer installation. E. In answer to an inquiry from Gillespie, City Manager stated the City would not soon run short of gravel due to the fact that the City had selected, as a part of its municipal allotment from the State, approximately 30 acres in the Jap Creek area with high gravel potentiaL F. In answer to a question from Gillespie, City Manager and Potts commented on the City's application for a permit from the Corps of Engineers for the 4th of July Creek area dock facility. I G. Cripps stated he had received a citizen complaint regarding the Fire Department's action following the report of a chimney fire. He stated the complainant had called to report the fire and a police office had been dispatched prior to the fire truck, apparently to determine whether or not fire equipment was indeed necessary. City Manager stated this incident did not represent standard operating procedure and he would investigate the matter and obtain a full report on the case. H. In answer to an inquiry from Hugli, City Manager stated the concrete blocks remaining at the old dog pound site were going to be used as fill for the 4th Avenue Dock. XV. CITIZENS' DISCUSSION: No one appeared from the audience at this time in order to be heard. XVI. ADJ OURNMENT : The meeting was adjourned at 9:40 p.m. I ~L Mayor ~/4J1 / I Hugli .-;t I PAGE 396 REGULAR MEETING - OCTOBER 22, 1979 VOLUME 18 I. CALL TO ORDER: The October 22, 1979, regular meeting of the Seward City Council was called to order at 7:32 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, Cripps, Gillespie,Potts. Soriano and Swartz Present also: City Manager Johnson, City Attorney Jarrell and City Clerk Shanley IV. APPROVAL OF MINUTES: It was moved by Soriano, seconded by Swartz and unanimously carried to approve the City Council regular meeting minutes of October 8, 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that consent calendar item 5., regarding a police patrol contract with The Alaska Railroad, be continued to a later date. Further, he requested that the following item be added to the consent calendar: 7. The following invoices were presented by the engineering firm of CH2M Hill: Invoice No. Subject Amount 9913 9916 9925 9934 9969 9972 9975 Electric rate/power supply negotiations Electric Department 7th Avenue Greenbelt project Grant Lake hydroelectric project Grant Lake hydroelectric project 7th Avenue Greenbelt project Electric Department TOTAL $ 270.69 909.64 19,808.59 5,130.00 20,520.00 4,614.41 10,191.88 $ 61,445.21 Gillespie requested that the following item be added to the regular meeting agenda: XIII. Council Discussion: D. Shipping on the Kenai Peninsula At the request of the City Manager, it was moved by Soriano, seconded by Campbell and unanimously carried to hold an executive session immediately following completion of the regular meeting in order to discuss legal matters. It was moved by Gillespie, seconded by Soriano and unanimously carried to approve the regular meeting agenda and consent calendar as amended and the following actions were taken: C ATTORNEY: 1. Hughes, Thorsness, Gantz, Powell & Brundin bill for legal services rendered for August and September 1979, totaling $1,367.31, was approved for payment and filed. C ATTORNEY: 2. Cranston, Walters, Dahl & Jarrell bill for legal services rendered for September 1979, totaling $4,838.62, was approved for payment and filed. PAGE 397 REGULAR MEETING - OCTOBER 22, 1979 VOLUME 18 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) I M S: PKS & REC: I AK RAILROAD: LOC ORGS: ELECTRIC DEPT/ PKS & REC: 3. October 5, 1979, letter from Seward Marine Station Manager Mueller and attached "Seward Station Public Education Facility Users Report" was noted for infor- mation and filed. 4. "Seward - A Fun Place" magazine article regarding the City Recreation Department activities, was noted for information only. 5. Action was continued to a later date on August 23, 1979, letter received from The Alaska Railroad, transmitting Supplement #5 to Contract No. 69-25-0003- 4457, extending to September 30, 1980, the police protection of the Railroad facilities in Seward at the rate of $600 per month; and Police Chief Bencardino's letter of September 18, 1979, requesting the monthly service fee be increased by $50. 6. Resurrection Bay Art Guild letter of October 8, 1979, requesting that ARTS, SEWARD be officially recognized as the local community arts agency, for the purpose of seeking funding, was noted. Council approved the Mayor's signature on a letter dated October 22, 1979, recognizing ARTS, SEWARD as the local community arts agency. 7. The following invoices as presented by the engineering firm of CH2M Hill were approved for payment and filed: Invoice No. Subject Amount I 9913 Electric rate/power supply negotiations $ 270.69 9916 Electric Department 909.64 9925 7th Avenue Greenbelt project 19,808.59 9934 Grant Lake hydroelectric project 5,130.00 9969 Grant Lake hydroelectric project 20,520.00 9972 7th Avenue Greenbelt project 4,6l4.4l 9975 Electric Department lO,l91.88 TOTAL $ 61,445.21 VI. BOROUGH ASSEMBLY REPORT: Councilmember Campbell gave a brief verbal report on matters pending before the Kenai Peninsula Borough Assembly. VII. 4TH OF JULY CREEK AREA:for a area, I PUBLIC HEARINGS: A. Public hearing was opened on the proposed exchange of City land privately-owned parcel, all within the 4th of July Creek industrial park and the following items were noted: "Notice of Public Hearing" as published two times in the local newspaper Copy of an aerial photograph, designating the 83.99 acres of City property proposed to be exchanged for 82.72 acres of privately- owned land, also noted on the photograph Beverly Dunham appeared from the audience and spoke in support of the land transfer. No one else appeared from the audience in order to be heard and the public hearing was closed. In answer to a question from Soriano, City Manager confirmed that the land exchange would not become binding until there was assurance that the shipyard would be constructed. Following discussion, City Manager stated a resolution approving the land transfer would be presented for Council action at its next meeting. PAGE 398 REGULAR MEETING - OCTOBER 22, 1979 VOLUME 18 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: CEMETERY / ORDS: 1. Copies being made available to the public, Hugli noted by title only proposed ordinance creating a City cemetery board, entitled: An Ordinance of the City of Seward, Alaska, Relating to the Creation of a Cemetery Board City Manager spoke in support of the ordinance, stating there was a need for a cemetery board to plot the cemetery reserve and provide for the maintenance of the grounds. Gillespie spoke on the option of having only a five-member board. Swartz stated that initially there would be a lot of work for the commission and, if in the future it was the Council's opinion that a smaller board would be more workable, an amending ordinance could be enacted which would reduce the members from seven to five. Potts questioned the effectiveness of another City advisory board and voiced support of having the cemetery cared for administratively. He referred to the past year when Council had appointed a board to investigate the future of Jesse Lee Home; he reminded Council that the board had never had a meeting and no report had returned to Council. Following discussion, it was moved by Campbell, seconded by Soriano and carried as follows to introduce proposed Ordinance No. 480 and scheduled a public hearing for November 26. 1979: Ayes: Noes: Absent: Campbell, Cripps, Gillespie, Hugli, Soriano and Swartz Potts None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: ELECTIONS/ RES: 1. Copies being made available to the public, Hugli noted by title only proposed resolution appointing the election board for the November 13, 1979, City special election, entitled: A Resolution Appointing the Election Board for the City of Seward Special Election Scheduled for Tuesday, November 13, 1979 Following discussion, it was moved by Campbell, seconded by Potts and unanimously carried to approve Resolution No. 79-46. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: None --, I XII. CITY MANAGER REPORTS: BUDGET: A. City Manager spoke and answered questions on the City Revenue and Expense Summary for the first quarter of fiscal year 1979-80, ending September 30, 1979. He commented that the electrical revenues far exceeded the anticipated revenues for the period due to the high number of new customers requesting service. ELECTRIC DEPT: 14TH CREEK AREA: C MANAGER: PAGE 399 REGULAR MEETING - OCTOBER 22, 1979 VOLUME l8 XII. CITY MANAGER REPORTS: (cont'd) B. City Manager requested Council approval to purchase some major equipment for the new electrical substation, stating that due to the high rate of appreciation and the lead time for the project, he considered it imperative to make the major equipment purchases as soon as possible. Specifically, he requested approval to purchase two transformers, two circuit switches and six vacuum reclosers at an estimated cost of $300,000 to $400,000. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried to authorize the administration to go to bid for the equipment for the planned electrical substation. OF JULY C. City Manager stated that the engineering firm of R & M Consultants completed the preliminary right-of-way reconnaissance work for the access road to the 4th of July Creek industrial park area at a cost of $14,000. He requested Council authority to expend not to exceed $32,700 to authorize the same contractor to proceed immediately with the predesign survey to determine the specific route corridor. Following discussion, it was moved by Soriano, seconded by Campbell and unanimously carried to authorize the City Manager to expend up to $32,700 for the centerline survey of the proposed road to the 4th of July Creek area. D. City Manager stated he had received an invitation to attend the Fish Expo later in the week in Seattle and, at the same time, the Consul General of Denmark had scheduled a reception to which he had been invited. He requested Council permission to attend the Fish Expo and the reception in Seattle; there were no objections voiced by Council. COMPTROLLER: E. City Manager distributed and spoke and answered questions on a proposal submitted by Burroughs Corporation for a City computer system. He asked that Council review the proposal prior to the next meeting, at which time he would distribute IBM's computer proposal. In answer to a question from Cripps, City Manager confirmed that it would be feasible for the City to sell time on the computer for local business use. I AK, I ST OF: F. City Manager reported that the City had received notification of the preliminary transfer of lands in the 4th of July Creek area to the City from the State of Alaska. XIII. COUNCIL DISCUSSION: A. Attendance records of the Seward Harbor Commission and the Advisory Planning and Zoning Commission members, was noted. Hugli stated he had asked that the item be placed on the agenda because a local citizen who was interested in serving on the Harbor Commission had informed him that the Commission had not held a meeting since June due to lack of a quorum. Gillespie stated some action should be taken to remove those members not attending the meetings from the commissions; however, he stated the members themselves should have the first opportunity to take appropriate action. Following discussion, Hugli, with Council consent, asked the administration to present the matter to the Harbor Commission and the Planning and Zoning Commission and report their action to the Council at the November 26 meeting. B. It was noted that November l2, the regularly-scheduled Council meeting date, was a City holiday in observance of Veterans' Day. Hugli, with Council consent, recommended the regular meeting be rescheduled from Monday, November 12, to Monday, November 5. C. It was noted that it was necessary to schedule a special Council meeting to canvass and declare the results of the November 13 special City election. Hugli, with Council consent, stated that a special Council meeting would be held Wednesday, November 14, 1979, commencing at 4:00 P.M. in the Council Chambers, in order to canvass and declare the results of the November 13 City special election. D. Gillespie stated with the poor road situation between Anchorage and the Peninsula, coupled with the increased population the Kenai Peninsula had been experiencing over the past years, the City should try to entice Sea-Land and/or TOTE to transport roll-on, roll-off cargo bound for the Peninsula through the Seward port. City Manager stated he agreed with Gillespie's thoughts; however, due to other matters pending, he felt it would be more advantageous to wait to pursue such a course of action until February of next year, after the Legislature had convened. Following discussion, Gillespie requested that this subject be scheduled as a topic for discussion at the Council's first meeting in February 1980. PAGE 400 REGULAR MEETING - OCTOBER 22, 1979 VOLUME 18 XIII. COUNCIL DISCUSSION: (cont'd) E. Swartz stated the local newspaper had been receiving numerous negative letters relative to local television service. She stated she supported the City government getting out of the television business. F. Gillespie stated he had heard that the Army Recreation Camp had recently received funding to replace all the quonset huts at the camp in the Forest Acres area. City Manager stated he had not heard that report but would investigate the matter. G. In answer to a question from Cripps, City Manager stated he still had not obtained a complete report on the facts surrounding the Fire and Police Departments' response to a fire alarm which Cripps had brought to his attention at the previous Council meeting. He confirmed a policy state- ment and a full report would be forthcoming at the next Council meeting. H. received from at the corner Hugli asked the City a local citizen that of 5th and Madison. Manager to investigate a complaint he had alders were blocking the view of traffic XIV. CITIZENS' DISCUSSION: A. Harbor Commissioner James Pruitt appeared from the audience and spoke on the attendance record of the Harbor Commissioners. He stated part of the problem of non-attendance stemmed from the feeling on the part of the members that they were not appreciated and no action was subsequently taken by Council on their recommendations. He suggested that meetings be rescheduled for the following week if a quorum could not be present on the Commission's regular meeting nights. He requested that an item be placed on the Council agenda specifically for a Harbor Commission report. XV. ADJOURNMENT: The meeting was adjourned at 8:53 p.m. went into executive session in order to discuss -------------------------------------------------------------------------------- I ! 1 PAGE 1 REGULAR MEETING - NOVEMBER 5, 1979 VOLUME 19 I. CALL TO ORDER: The November 5, 1979, regular meeting of the Seward City Council, as rescheduled from November 12, 1979, was called to order at 7:32 p.m. by Mayor Hugli. II. OPENING CEREMONY: Councilmember Campbell led the pledge of allegiance to the flag. I III. ROLL CALL: Present were: Mayor Hugli; Councilmembers Campbell, Cripps, Gillespie, Potts, Soriano and Swartz Present also: City Manager Johnson, City Attorney Jarrell, Administrative Assistant Schaefermeyer and City Clerk Shanley IV. APPROV AL OF MINUTES: It was moved by Soriano, seconded by Swartz and unanimously carried to approve the City Council regular meeting minutes of October 22, 1979, as written. V. APPROV AL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following additions be made to the regular meeting agenda: VIII. Citizens' Discussion: A. Juris Mindenbergs - Development plans for Lots 6 and 7, Block 1, Marina Subdivision I IX. Ordinances and Resolutions: C. Resolutions: 2. Proposed Resolution No. 79-48 adjusting the payment in lieu of taxes for the Electric Utility Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried to approve the regular meeting agenda as amended and the consent calendar as presented and the following actions were taken: ABC B: 1. October 29, 1979, letter from the Alcoholic Beverage Control Board, noticing of beverage dispensary liquor license renewal application for the Seward Elk's Club, was filed without objection. FIRE DEPT: 2. October 15, 1979, letter received from Insurance Services Office of Alaska, Field Rating Repre- sentative Ornrnert, regarding the City's fire insurance rating, was noted for information and filed. 4TH OF JULY CREEK AREA: I 3. October 30, 1979, invoice from Alaska Land Surveys, in the amount of $1405, for professional services rendered relative to work done in the Fourth of July Creek area, was approved for payment and filed. VI. BOROUGH ASSEMBLY REPORT: Councilrnember Campbell gave a verbal report on the Kenai Peninsula Borough Assembly meeting of October 30, 1979. 2 PA~E 2 REGULAR MEETING - NOVEMBER 5, 1979 VOLUME 19 VII. PUBLIC HEARINGS: 4TH OF JULY A. Public hearing was opened on the proposed City acquisition CREEK AREA: of certain lands owned by Dorothy Stewart Noyes and Virginia Darling as located within Section 1, Township 1 South, Range 1 West, Seward Meridian, for the purpose of providing road access to the Fourth of July Creek Industrial Park area; and "Notice of Public Hearing" as published two times in the local newspaper and posted, was noted. City Engineer Thomas Small appeared from the audience and posted maps showing the route corridor as recommended by the project engineers, R & M Consultants. He explained that the road would extend south from the end of the present Nash Road at the northeast side of 'l. Resurrection Bay, to the 4th of July Creek Industrial Park area. Small confirmed that the intent of the City was to secure a 100-foot wide easement for construction of the road and placement of the necessary power lines. No one appeared from the audience at this time in order to be heard and the public hearing was closed. City Manager stated the City had acquired an appraisal of the subject property, as conducted by Appraisal Company of Alaska, and the property necessary for the road as owned by Mrs. Noyes was appraised as having a fair market value of $7000 to $8000 per acre, or 18.4 cents per square foot. City Manager commented that the City required 43,000 square feet for the road corridor and recommended that the City offer Noyes 20.4 cents per square foot, for a minimum purchase price of $8772. Public hearing was opened on the specific financial terms of the proposed acquisition of the Noyes' property. Alfred and Dorothy Noyes appeared from the audience and spoke against the appraisal price of their property. In answer to a question from Beverly Dunham, present in the audience, Alfred Noyes stated he considered the property in question as industrial and it would be offered to the City at a price of $l per square foot. City Attorney answered questions posed by Dale Lindsey, present in the audience, on what legal procedure would be followed and the time frame involved if the City and the Noyeses could not come to terms on a price. City Attorney answered a question posed by audience participant Virginia Darling, stating that according to past legal cases the City would not be forced to justify that the route selected was the best and only acceptable corridor; the court would be expected to honor the recommendation --l of the engineers if there was no evidence of fraud or gross error by the engineers in selection of the route. 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 Swartz and unanimously carried to direct the administration to make an offer for the acquisition of land owned by Dorothy Stewart Noyes, in the amount of 20.4 cents per square foo4 for approximately .98 acr~ for a total minimum offer of $8772. City Manager stated Appraisal Company of Alaska had also conducted a fair market value appraisal of the property necessary for the road as owned by Virginia Darling, and the fair market value had been determined to be $5500 to $6500 per acre, or 14.9 cents per square foot. City Manager commented that the City required approximately 9.37 acres for the road corridor through Darling's property and recommended that the City offer Darling 16.9 cents per square foot, for a minimum purchase price of $68,952. Public hearing was opened on the specific financial terms of the proposed acquisition of the Darling property. In answer to a question posed by Robert Summers, present in the audience, City Engineer Thomas Small stated that construction of the road would make the Noyes and Darling land more accessible than was the case at the present time. 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 unanimously carried to direct the administration to offer Mrs. Darling 16.9 cents per square foot for the land in question for the 4th of July Creek area access road, totaling 9.37 acres, for a total l minimum offer of $68,952, to be adjusted upward if more land is needed. .. MARINA SUB: I I . , PAGE 3 REGULAR MEETING - NOVEMBER 5, 1979 VOLUME 19 VIII. CITIZENS' DISCUSSION: (With prior notice only) A. The following items were distributed to Council relative to the proposed development of Lots 6 and 7, Block 1, Marina Subdivision, as leased by the City to Juris Mindenbergs: A portion of the City Council meeting minutes of November 13, 1978, at which time Council acted to extend the construction time frames as contained in the Lease Agreements for Lots 6 and 7, Block 1, Marina Subdivision, granting an additional year for plan sub- mittal, due November 13, 1979 "Lease" dated November 8, 1976, for Lot 7, Block 1, Marina Subdivision, between the City of Seward and John Smith (later assigned to Juris Mindenbergs) July 28, 1976, proposal submitted by John Smith for the development of Lot 7 Juris Mindenbergs appeared from the audience and posted his proposed development plans for Lots 6 and 7, Block 1, Marina Subdivision. Mindenbergs stated that due to the current financial climate, he felt it was economically unfeasible for him to proceed with the development plans of Lots 6 and 7 as proposed in the original lease agreements. Mindenbergs requested Council approve, in concept, his proposal to construct a l4-unit addition to the Breeze Inn Motel (located on Lot 8), to adjoin. and extend north from the existing motel and, further, to construct a 10-unit mini-storage building on Lot 7. He also requested approval to change the use of "The Dinghy", located on Lot 6, from a fast food facility to a quick-stop grocery store and delicatessen. He explained that he proposed to construct a 25-foot addition to the west side of "The Dinghy" rather than the previously proposed second story construction. Mindenbergs answered numerous Council questions on his proposal and confirmed that his intentions were to meet the construction deadline (as extended at the Council's November l3, 1978, meeting) of November 1980. Dale Lindsey appeared from the audience and questioned the aesthetics of locating a storage building in the harbor area. Following discussion, it was moved by Gillespie, seconded by Soriano and unanimously carried to approve Juris Mindenbergs' plans as proposed this evening on Lots 6 and 7, Block 1, Marina Subdivision. RECESS: The meeting was recessed at 9:07 p.m.; reconvened at 9:16 p.m. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: 4TH OF JULY 1. Copies being made available to the public and distributed to CREEK AREA/Council, Hugli noted by title only proposed resolution regarding the transfer RES: of City land for a privately-owned parcel, all within the 4th of July Creek area, entitled: I A Resolution Approving the Transfer of Land in the Fourth of July Creek Area City Manager noted that "Exhibit A" as cited in the resolution was posted on the bulletin board for Council perusal. Gillespie stated the land exchange should be made contingent upon the proposed shipyard becoming a reality. In reply, City Attorney confirmed that the resolution, as presented, allowed for such a stipulation. Dale Lindsey appeared from the audience and stated that over the past months the parties involved had been dealing in good faith with verbal negotiations; however, it was time to begin reducing the verbal dis- cussions and agreements to paper. Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried to approve Resolution No. 79-47. 4~ PAGE 4 REGULAR MEETING - NOVEMBER 5, 1979 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (cont 'd) C. Resolutions: (cont'd) ELECTRIC DEPT/ 2. Copies being made available to the public and distributed to BUDGET/ Council, Hugli noted by title only proposed resolution regarding an adjustment RES: of the payment in lieu of taxes charged the Electric Utility, entitled: A Resolution Adjusting the Payment In Lieu Of Taxes Charged to the Electric Utility for the Fiscal Year Ending June 30, 1979 'l City Manager explained that approval of the resolution was necessary in order to adjust the payment in lieu of taxes paid by the Electric Utility into the City's General Fund for the fiscal year ending June 30, 1979. He stated such an adjustment was necessary in order to bring the Utility in compliance with existing bond covenants. Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried to approve Resolution No. 79-48. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: FIRE DEPT: A. "Mutual Aid Agreement" as proposed between the Bear Creek Fire Service Area and the City of Seward, was noted. City Manager stated the Agreement was presented to Council at this time for information only and prior to the next Council meeting the City Attorney would review the Agreement and make any revisions necessary to protect the City from liability and from jeopardizing its current fire rating. In answer to a question, City Manager confirmed the City's insurance carrier would also have to approve the Agree- ment prior to its execution. Hugli requested the Agreement be scheduled as an agenda item for the November 26, 1979, Council meeting. ELECTRIC DEPT: B. "Interruptible Wholesale Power Sales Agreement" as proposed between the City of Seward and the Municipal Light and Power Department of the Municipality of Anchorage (ML&P), was noted. City Manager stated the proposed Agreement was contingent upon the City executing a wheeling contract with Chugach Electric Association (CEA). City Attorney, City Manager and City Engineer Small spoke and answered Council questions on the continuing negotiations taking place between the City, ML&P and CEA. City Manager con- firmed the administration would keep the Council informed on any future developments. XII. CITY MANAGER REPORTS: PKS & REC: A. City Manager stated the Army Recreation Camp, located in the Forest Acres area, had received funds to replace the quonset huts at the Camp with Butler buildings. FIRE DEPT: B. In response to a question posed at a previous meeting by Cripps, City Manager reported on the Fire Department's procedure on responding to a call for assistance. He stated that in the past when a call was received the Fire Chief or his delegate would respond to smoke scares prior to sounding a general alarm. He stated that he was unaware of this procedure and had admin- istratively directed a policy change in the Fire Department whereby whenever a fire call was received by the dispatcher the general alarm would be sounded. For Council information, City Manager distributed a list of fire calls received for the period January 1 - October 31, 1979. Fire Chief Oscar Watsjold appeared from the audience and spoke against the policy change, stating that numerous "false alarms" would be detrimental to maintaining the efficiency of the volunteer firemen. Jean Cripps appeared from the audience and suggested that a "first response" crew be designated, on a rotating basis, so all the volunteers would not have to be called out unless necessary. Gillespie stated he felt that the best policy on response to fire alarms was somewhere in between the old policy and the new. Hugli requested the Fire Chief discuss the policy with the volunteer firemen at their next business meeting and report any recommendations to Council on November 26. Potts, with Council consent, recommended that the newly-instituted policy on general alarms remain in effect until a better procedure was adopted. P~E 5 REGULAR MEETING - NOVEMBER 5, 1979 VOLUME 19 r J XII. CITY MANAGER REPORTS: (cont'd) FIRE DEPT: C. City Manager stated that he had just recently discovered that the volunteer firemen received a token amount for attending meetings and, training sessions but no payment was received for fire calls. He recommended that Council approve the payment of $5 per fireman per call-out. Potts voiced support of a higher payment amount. City Manager stated that the City could handle the $5 amount within the current budget constraints but he could not recommend an increase in that amount until the next budget year. Donna Lirnbean appeared from the audience and stated that as a volunteer EMT, she I could not receive compensation for an ambulance call due to liability problems. . Hugli asked that the administration investigate the liability question prior to Council approval of a payment to the firemen for fire calls. He requested that the matter be scheduled for Council discussion at its November 26, 1979, meeting. TELEVISION: D. City Manager stated that a special election had been scheduled for Tuesday, November 13, 1979, in order to present to the voters of the City of Seward the question of the institution of a one percent sales tax for the purpose of funding expanded television broadcasting services. He distributed a memo dated November 5, 1979, listing three options for local television service and recommended that the special election be cancelled for 30 days in order to allow for the scheduling of another special election which would present the three options to the voters for consideration and selection. City Manager also distributed a propos~l from the Liberty Theater, Fletcher & Sons Theatre's, Inc., undated, to contract with the City for the operation of the television service. Campbell, with Council consent, voiced objection to the postponement of the scheduled special election. Bill Casey, Beverly Dunham and Jerry Blair appeared from the audience and spoke against the City being involved in television service, stating such service should be placed in the hands of private enterprise. Following discussion, Hugli, with Council consent, stated any further Council action on television service would be postponed until after the results of the November 13, 1979, special election were tabulated. I E. City Manager stated that representatives of Burmeister/Wain would meet with the Councilmembers at 2 P.M. the following day regarding the 4th of July Creek area shipyard project. HOSPITAL/ BUDGET: F. City Manager reported that the Seward Volunteer Ambulance Corps had been awarded a grant which covered 75 percent of the purchase price of a new ambulance. He stated the Corps had $2500 available to apply towards the $29,779 purchase price. He explained that the Corps needed to have the full / purchase price in order to take possession of the ambulance and requested approval to advance the necessary funds to the Corps if needed prior to receipt of the grant monies. Further, City Manager requested Council approval of a grant from the City in the amount of $5000 to cover the balance due on the ambulance. Following discussion, it was moved by Swartz, seconded by Potts and unanimously carried that the City of Seward come up with the money they need to take possession of the ambulance and the $5000 to give them towards the price of it. WATER DEPT: G. City Manager stated $4l9l.49 was remalnlng from the CEIP water system improvement grant and he requested permission to retain the local firm of Trans-Alaska Engineering to design needed improvements to the Marathon water tank, at a price of $4200. Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried to accept Trans-Alaska Engineering's proposal to upgrade the Marathon intake distribution system at the price of $4200. I WATER/ H. City Manager distributed City Attorney memo, undated, listing BUDGET:background information, commencing in 1961, on a grant the City had received from HoUsing and Urban Development (HUD) in the amount of $l2,000 for a water feasibility study/preliminary design project. City Manager stated HUD had contacted the City and requested the refund of $6700 of those grant monies; he recommended Council approve refund of the monies. Following discussion, it was moved by Soriano, seconded by Cripps and carried as follows to authorize the City Manager to pay HUD $6,700 from the 1961 water feasibility study: Ayes: Noes: Absent: Campbell, Cripps, Gillespie, Hugli, Potts and Soriano Swartz None (; PAGE 6 REGULAR MEETING - NOVEMBER 5, 1979 VOLUME 19 XII. CITY MANAGER REPORTS: (cont'd) POLICE DEPT: I. City Manager stated the City was having difficulties maintaining its impound auto lot and he requested permission to fence off a portion of the City shop area specifically for an impound lot and to contract with a local wrecker service to operate and maintain the lot, with the City receiving not less than 50 cents per car per day for lot storage. Further, he requested approval of the expenditure of not to exceed $1200 to fence off the area. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried to direct the City Manager to expend $1200 for a new fence and negotiate a contract with a private individual for the operation and maintenance of the impound lot. XIII. COUNCIL DISCUSSION: A. Campbell spoke on the report recently received from the engineering firm of CH2M Hill relative to the hydroelectric power projects feasibility study for the City of Seward. He urged the City administration to actively pursue the Grant Lake project. B. Potts reported on a trailer located near the Small Boat Harbor transient dock which appeared to be setting up permanent residence in the area. City Manager stated he would investigate the matter. C. City Manager reminded Council of the special Council meeting scheduled for Wednesday, November 14, 1979, commencing at 4 p.m. in the Council Chambers, in order to canvass and declare the results of the November l3, 1979, City special election. D. At the request of the City Manager, it was moved by Soriano, seconded by Campbell and unanimously carried to hold an executive session immediately following adjournment of the regular meeting in order to discuss a legal matter. XIV. CITIZENS' DISCUSSION: A. Paul Seaton appeared from the audience and questioned the status of the Harbor Commission, stating that Council had directed the Commission to recommend action relative to the Commissionmember's poor attendance record; however, the Commission meeting scheduled for October 26, at which time the Commission was to address the attendance problem, did not convene due to lack of a quorum. Hugli confirmed that the item was scheduled for Council discussion and action at its November 26 meeting. B. Jean Cripps, member of the Seward Volunteer Ambulance Corps, appeared from the audience and thanked the Council for its monetary assistance in the purchase of a new ambulance. XV. ADJ OURNMENT: The meeting was adjourned at 10:58 p.m. Council immediately went into executive session in order to tter. I ELECTIONS/ TELEVISION: I I PAGE 7 SPECIAL MEETING - NOVEMBER 14, 1979 VOLUME 19 I. CALL TO ORDER: The November 14, 1979, special meeting of the Seward City Council was called to order at 4:00 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, Cripps, Gillespie, Potts, Soriano and Swartz Present also: City Manager Johnson, City Clerk Shanley and Deputy City Clerk Ledet IV. CANVASS OF NOVEMBER 13, 1979, SPECIAL ELECTION AND DECLARATION OF RESULTS: A. City Clerk distributed a tally of the unofficial results of the November 13, 1979, Special City Election, read the total number of votes cast for and against Proposition No.1, and confirmed that 411 ballots had been cast with 390 being counted by the election boards, the remaining ballots were questioned ballots to be considered by the Canvass ~oard. The Clerk distributed a list of the 21 electors who had requested absentee ballots. She stated the ballot mailed to Frank Vlashart Sr. had been personally returned by him, unvoted, on Election nay and he cast a regular ballot at the polls. She confirmed that the remaining 20 ballots cast by the absentee voters appeared to be in order and recommended all be accepted for counting by the Canvass Board. Following discussion, it was moved by Swartz, seconded by Gillespie and unanimously carried that the 20 absentee ballots be counted. The absentee ballots as cast by the following City electors were removed from their outer envelopes and set aside to be counted by the Canvass Board: Precinct No. 1 Precinct No. 2 Perry N. Buchanan Benj amin Donahue Wilber H. Kuehny Eric Landenburger Joanne McCabe Robert McCabe Gilbert Ollestad Robert F. Richardson Charles Soriano Galen Albertson Andrew C. Corp in Lanny Duncan Clarence E. Johnson Mary Meehan Michael J. Meehan Donna M. Pall Chris Pichotta Paul Pichotta David Renwick Steve Weisman The City Clerk distributed a list of the 9 individuals in Precinct No. 1 and the l2 individuals in Precinct No. 2 who had been required by the precinct chairmen to cast questioned ballots on November 13. She recommended that the questioned ballots cast in Precinct No. 1 by Gerald E. Bell, Helen M. Hearne, Denise A. Norris and Robert T. Shepherd be rejected due to the fact that they were not registered electors of the City of Seward. She recommended that the questioned ballots cast in Precinct No. 2 by Joan Rousseau and John H. Wilfong be rejected due to the fact that Rousseau was not a registered elector of the City and Wilfong had not registered to vote 30 days prior to the election (he had registered on October 17, 1979). The Clerk confirmed that the remaining electors who had been required to cast questioned ballots had either filled out an initial State voter registration card or changed their address to a Seward precinct in time to be eligible for the City special election; however, the State had not updated the voter registration list in a timely manner. Following discussion, it was moved by Gillespie, seconded by Campbell and unanimously carried to reject those ballots as recommended by the City Clerk and to count the remaining questioned ballots as follows: (..) ('j PAGE 8 SPECIAL MEETING - NOVEMBER 14, 1979 VOLUME 19 (cont'd) IV. CANVASS OF NOVEMBER l3, 1979, SPECIAL ELECTION AND DECLARATION OF RESULTS: ELECTIONS/ Precinct No.1 TELEVISION: Precinct No. 2 James M. Lewis Richard R. Silva Thomas J. Scully Noreen Steeves Carol A. Zimmerman Walton Gene Anderson John H. Baker Matt Chase David W. Crane Michael Fillingim Wendy Hamstreet WIn. S. McDonald Greg Oyler Keneth V. Peterson Mary Vincent The questioneQ ballots as cast by the 15 electors listed above were removed from their outer envelopes and placed with the 20 absentee ballots for counting by the Canvass Board. The 35 absentee and questioned ballots as approved for counting were shuffled and removed from their blank white envelopes. With Cripps and Gillespie observing, Hugli read the voted ballots aloud and the results were tallied and added to the totals of those ballots cast and counted on November 13. The City Clerk read the results of the combined totals as follows and it was moved by Soriano, seconded by Campbell and unanimously carried to accept the results of the Special City Election and declare that Proposition No. 1 failed: Proposition No. 1 Shall the City of Seward, Alaska, levy a consumer's sales tax of one percent on all retail sales, on all rents, and on all services made or rendered within the City, measured by the gross sales price of the seller, for the purpose of using the revenues thereof to rent or purchase expanded television broadcasting services and equipment for the residents of the City of Seward? PRECINCT PRECINCT ABSENTEE & NO. 1 NO. 2 QUESTIONED TOTALS YES 46 75 14 135 NO 94 175 21 290 TOTAL BALLOTS CAST 149 262 20 431 TOTAL BALLOTS COUNTED 140 250 35 425 V. ADJOURNMENT: The meeting was adjourned at 4:20 p.m. PAGE 9 REGULAR MEETING - NOVEMBER 26, 1979 ~ J VOLUME 19 I. CALL TO ORDER: The November 26, 1979, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Hugli. II. OPENING CEREMONY: III. ROLL CALL: Councilmember Campbell led the pledge of allegiance to the flag. I Present were: Mayor Hugli; Councilrnembers Campbell, Cripps, Gillespie, Potts, Soriano and Swartz Present also: Acting City Manager Schaefermeyer and City Clerk Shanley IV. APPROVAL OF MINUTES: It was moved by Campbell, seconded by Soriano and unanimously carried to approve the City Council regular meeting minutes of November 5, 1979, and the special meeting minutes of November 14, 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Clerk noted that the agenda item immediately preceding adjournment, "Citizens' Discussion" had been inadvertently omitted from the typed agenda; she requested that the item be added as agenda item XIV. Hugli noted he had received a request from Sara Horrell that discussion of the Teen Center be heard under VIII. Citizens' Discussion. It was moved by Cripps, 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: I COMPTROLLER: C ATTORNEY: LOC ORGS: STREETS, RDS, HWYS: VI. 1. Comptroller's list of Accounts Payable for October 1979, totaling $431,152.96, was approved for pay- ment and filed. 2. October 31, 1979, invoice from Cranston, Walters, Dahl & Jarrell, for legal services rendered during October 1979, totaling $6,526.80, was approved for payment and filed. 3. "Application for Permit for Authorized Games of Chance and Skill" as submitted by the Seward Senior Citizens, Inc., for Calendar Year 1980, was approved for the Mayor's signature and filed. 4. November 6, 1979, letter from U.S. Forest Service Resource Management Assistant Martin, transmitting the Interagency Meeting minutes concerning Resur- rection River road, was noted for information and filed. BOROUGH ASSEMBLY REPORT: I Councilrnember Campbell gave a verbal report on the Kenai Peninsula Borough Assembly meeting of November 20, 1979. VII. PUBLIC HEARINGS: None }() PAGE 10 REGULAR MEETING - NOVEMBER 26, 1979 VOLUME 19 VIII. CITIZENS' DISCUSSION: A. Sara Horrell appeared from the audience and introduced Kathleen Putman, Director of the Seward Teen Center. Putman gave a verbal report on the activities taking place at the Center for the youth of the community and, in answer to a question from Gillespie, stated she felt confident that funding sources would be available to keep the Center operational into 1980. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: CEMETERY/ ORDS: 1. Copies being made available to the public, Hugli noted by title only proposed ordinance regarding creation of a cemetery board, entitled: An Ordinance of the City of Seward, Alaska, Relating to the Creation of a Cemetery Board Public hearing was opened on the proposed ordinance, notice of which had been published two times in the local newspaper; no one appeared from the audience in order to be heard and the public hearing was closed. Potts stated the Council would have to immediately address the subject of a budget for the operation of the board if the ordinance was enacted. He continued, stating he did not agree with the concept of advisory boards and felt there would be less of an administrative burden if the administration would handle the function without a commission. Acting City Manager stated Council would also have to consider whether the Clerk would be expected to take on the additional secretarial services of the commission's activities or, as with the Ad Hoc Committee, a member of the commission would be expected to prepare the agendas, minutes, etc. Cripps commented that a number of individuals had voiced interest in serving on such a commission; he questioned why the individuals could not become involved and assist the administration through the existing City governmental framework. Following discussion, it was moved by Campbell, seconded by Swartz but did not carry as follows to enact Ordinance No. 480: Ayes: Noes: Absent: Campbell and Swartz Cripps, Gillespie, Hugli, Potts and Soriano None C. Resolutions: PERSONNEL/ RES: 1. Copies being made available to the public, Hugli noted by title only proposed resolution terminating Social Security coverage for City employees, entitled: A Resolution Providing for the Termination of Coverage of City Employees Under the Social Security Program Acting City Manager noted that the City Manager had received a petition bearing 37 of the 52 employees' signatures, requesting that the City take action to withdraw from the Federal Social Security program. He explained the procedure which would have to be followed by the City in order to withdraw from the Federal program, including the approval of a Council resolution and a two year waiting period, during which time the Council resolution could be rescinded. Acting City Manager stated that in order for the City to file a timely application, the approved Council resolution and other necessary documents had to be received by the Federal agency prior to January 1, 1980. Campbell voiced objection to the resolution. Following discussion, Hugli, with Council consent, directed the administration to conduct a vote of the City employees in order to confirm their intentions. Further, he requested the City administration obtain more information regarding the ramifications of terminating coverage under Social Security. Hugli confirmed the employe~' vote and the additional information would be scheduled as an agenda item for the December 10, 1979, Council meeting. HARBOR I BUDGET: 1 i PAGE 11 REGULAR MEETING - NOVEMBER 26, 1979 VOLUME 19 X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. Harbormaster Singleton's memo of November 8, 1979, regarding prices received on the purchase of a tractor/snow blower for the Harbor, and City Manager's recommendation to approve the purchase of a John Deere, double stage, tractor/snow blower at $3,386.40, was noted. Cripps stated that although this was the most complete background information he had seen since he had been on the Council relative to an expenditure of City funds in excess of $1000, hevoicedconcern that the City Code seemed to be remiss in specifying the procedure to be followed for the purchase of items costing in excess of $1000. Following discussion, it was moved by Potts, seconded by Soriano and unanimously carried to accept the recommendation of the City Manager and purchase the John Deere double stage tractor at $3,386.40. B. November 8, 1979, letter from Price Waterhouse & Company, proposing to serve as the independent accountants for the audit of the City's books for the year ending June 30, 1980, at the estimated fee of $l7,000 plus out-of- pocket expenses, was noted. Potts and Gillespie stated they felt the increased fee was totally unacceptable and the City should request bids from other auditing firms. Hugli voiced objection to the fact that the audit report for fiscal year 1978-79 had not yet been received by the City from Price Waterhouse. Following discussion, it was moved by Potts, seconded by Swartz and unanimously carried to draft a letter to Price Waterhouse, stating the Council's objection to their quote and informing them the City will be requesting bids for the fiscal year 1979-80 audit and would review a revised offer from Price Waterhouse. XII. CITY MANAGER REPORTS: WATERFRONT A. It was noted that December 31, 1979, was the expiration date for I TRACTS/the Dock License Agreements between the City with Seward Fisheries for the City S F: Dock in the Small Boat Harbor and with Northern Stevedoring and Handling Corpora- tion (NSHC) for the 4th Avenue Dock. Acting City Manager noted that on September 9, 1979, the Council had directed the administration to inform NSHC that the City's intent was not to renew the Dock License Agreement for the 4th Avenue Dock. He distributed letter dated November 15, 1979, which had been delivered that morning to the City Clerk by Gale Shingleton, Vice President, NSHC. The letter accompanied an appraisal which NSHC had conducted on Tracts 3 and 4, Seward Waterfront Tracts, as leased by them from the City. The appraisal followed an appraisal done earlier in the year by the City on the subject lots. Shingleton wrote that NSHC's lease of Tracts 3 and 4 was directly influenced by the Dock License Agreement for the 4th Avenue Dock and if that Agreement was not renewed, such a condition should be taken into consideration when setting the rental amount for the upland tracts. In conclusion, Shingleton had requested Council reconsider its decision not to renew the Dock License Agreement as well as a review of the City's established rental fee for Tracts 3 and 4. Acting City Manager stated that although it remained the City administration's recom- mendation not to renew the Dock License Agreement, the Council would have to discuss alternatives for management of the dock facility and should also review Shingleton's November 15 letter and the lease amount on Tracts 3 and 4. He stated since the City's appraisal had differed from NSHC's appraisal, a third, independent appraiser would be selected to conduct another appraisal of the property. I In answer to a question from Potts relative to the Seward Fisheries' Dock License Agreement, Acting ,City Manager explained that Seward Fisheries was making yearly payments for wharf construction improvements which had been undertaken in 1975. He stated that at the same time the promissory note was signed for the wharf construction, the City had entered into a Dock License Agreement which allowed Seward Fisheries preferential use of the City Dock. He noted that the promissory note payments continued until 1984 and recommended that the Dock License Ageement be continued under the present terms. Following discussion, Acting City Manager recommended, with Council consent, that discussion of both dock license agreements be continued to the Dec'ember lO, 1979, Council meeting. Ir) ,,G PAGE 12 REGULAR MEETING - NOVEMBER 26, 1979 VOLUME 19 XII. CITY MANAGER REPORTS: (cont'd) B. Acting City Manager gave a brief report on the status of the land acquisition of a portion of Dorothy Stewart Noyes and Virginia Darling's property on the east side of Resurrection Bay, necessary for the extension of Nash road to the 4th of July Creek industrial park area. He confirmed that in response to a request made on behalf of Virginia Darling by her attorney, the City had granted a 30-day extension in order for her to review the terms of the City's offer to her for the purchase of her land. He also confirmed that Noyes had rejected the City's offer. XIII. COUNCIL DISCUSSION: A. Harbor Commission report - None B. Planning and Zoning Commission report - None P & Z COMSN/ C. The attendance records of the Planning and Zoning Commission and HARBOR the Harbor Commission members for the past 12 months, was noted. Also noted COMSN: was a copy of the portion of the November 14, 1979, Planning and Zoning Com- mission meeting minutes, at which time the Commission recommended that ". . . when the total number of absences of a commissioner, excused and unexcused, totalled three consecutive absences or five absences within one year, the matter of the continuation of the member on the commission should be brought before the board as an agenda item." Planning and Zoning Commissioner Daniel Keyes appeared from the audience and spoke and answered questions on the recommendation as made by the Commission. Following discussion, it was moved by Gillespie, seconded by Potts and unanimously carried to adopt the policy by the City, following the Planning and Zoning Commission's recommendation, whereas after three consecutive or five total absences within one year, the matter of continuation of a commissioner on either board would be brought before the commission and a decision to be made on whether to retain the commissioner, and the findings of the commission then to go to the City Council for a decision. (see also XIV. A., page 13) D. It was noted that the second regularly-scheduled meeting of the City Council for December fell on December 24, Christmas Eve. Following discussio~ Potts with Council consent, recomended that the regular meeting of December 10 be held as scheduled and at that time decide on the date for the second meeting of the month. E. Acting City Manager reported that November 27, 1979, was the final day for the City to receive Statements of Interest and Qualifications as solicited from various engineering firms, to prepare the design plan for the shipyard to be located at the Fourth of July Creek industrial park site. He requested that the Mayor appoint at least three Councilmembers who would meet for lunch on Thursday, November 29, in order to review the Statements of Qualifications and rank the firms in order of selection preference. Following discussion, Campbell, Cripps, Gillespie, Hugli and Swartz confirmed they would be in attendance at the Thursday luncheon. F. Campbell and Soriano voiced concern that more discussions needed to take place relative to the City's plans to lease or sell property in the Fourth of July Creek industrial park area for the shipyard construction project. City Engineer Thomas Small appeared from the audience and gave a brief overview of the various stages of the shipyard project as well as a status report on the City's progress. G. Gillespie stated he thought last year the Council had approved the purchase of an arm for the grader in order to allow the operator of the grader to pass by an alley or driveway without dropping snow off the end of the blade. He stated that after the recent snowfall the problems of snow removal had again become an issue and asked the Acting City Manager to check on the purchase of the grader arm and report back to Council at the next meeting. I M S: I. Cripps read in full the text of a letter dated November 5, 1979, from the University of Alaska to the participants of the Seward Marine Public Education Facility. The letter confirmed that out of 34 priority items, the Seward facility had been listed as number 2 for the University's capital budget for fiscal year 1981. I '~ PAGE 13 REGULAR MEETING - NOVEMBER 26, 1979 \OLUME 19 XIV. CITIZENS' DISCUSSION: P & Z COMSN/ A. Harbor Commissioner David Hudspeth appeared from the audience HARBOR and asked Council to clarify its intentions relative to the attendance records COMSN: of the Harbor Commissioners. He questioned if the new policy as adopted that evening (see XIII. C., page 12) meant that a commissioner, from this date, could miss three more consecutive meetings or five within the following year; or rather, if the policy would be retroactive to a preceding date. Following discussion, Hug1i, with Council consent, directed the City Clerk to notify all Harbor Commissioners that if they wished to continue as a member of the Com- mission it would be necessary for them to appear at the December 10 Council meeting or submit in writing a letter explaining their absence. Hug1i also directed the Clerk to begin advertising for new Harbor Commissioners. I I I B. Robert Va1datta appeared from the audience and asked various questions regarding the Small Boat Harbor grid, marine trave11ift, marine ways facilities, etc. C. Potts, speaking as a member of the audience, stated a meeting was scheduled for Thursday, November 29, 1979, commencing at 7:00 p.m., to be held in the City Council Chambers and conducted by the Department of Natural Resources, forestry group, requesting public input on whether the State timber sale to be offered in August of 1980 should carry the restrictions of primary manufacturing within the State or should allow round log export. Potts stated the future operation of Kenai Lumber would be determined by the outcome of the timber sale and urged the public to attend the meeting and voice support of the requirement that all timber receive primary processing within the State. XV. ADJOURNMENT: The meeting was adjourned at 9:58 p.m. , .. "GI ')1\'~ \1 \~ :" L~;' ,r; ~ ~~.;~ ~,J "-.,....,,:. _,'" .-1,."" '\:..... /~ '",F....., ',,\ '\-;:, , \ /.' ,':' ','~ ' " .;;' ~, \ ,,~1-"\~ 'L ~~ J oAi~ "E., Shanley . ,: p ~ City 1erk ,: !1 ., ",' :', /) ).' .'" .;'::., . _"''''..,).1 ..iI1'f OF 1<\.~'':~iV ,"x,.)JjJJ PAGE 13 REGULAR MEETING - DECEMBER 10, 1979 VOLUME 19 1. CALL TO ORDER: The December 10, 1979, regular meeting of the Seward City Council was called to order at 7:31 p.m. by Mayor Hugli. II. OPENING CEREMONY: Councilmember Soriano led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Hugli; Councilmembers Cripps, Gillespie, Potts, Soriano and Swartz (Absent, with Council consent, was Campbell) Present also: City Manager Johnson, City Attorney Jarrell, Admin. Asst. Schaefermeyer and City Clerk Shanley IV. APPROV AL OF MINUTES: It was moved by Soriano, seconded by Swartz and unanimously carried by all those present to approve the City Council regular meeting minutes of November 26, 1979, as written. -' \1 PAGE 14 REGULAR MEETING - DECEMBER 10, 1979 VOLUME 19 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following items be deleted from the regular meeting agenda: VIII. Citizens' Discussion: B. Charles Hendrix, Alaskan Fisheries Company _ Proposal to lease City-owned Tracts 5 and 6, Seward Waterfront Tracts City Manager requested that the following items be added to the regular meeting agenda: VIII. Citizens' Discussion: D. Bob Dorsch, Land Design Engineer, R & M Consultants - 4th of July Creek industrial park area access road route reconnaissance and P-line survey IX. Ordinances and Resolutions: A. Ordinances: 1. Proposed Ordinance No. 480 regarding garbage and refuse rates Following discussion, it was moved by Potts, seconded by Soriano 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: ELECTRIC DEPT: 1. CH2M Hill Invoice No. 9980 dated October 31, 1979, in the amount of $6,107.35 for engineering services performed relative to the Mile 18 utility line relocation was approved for payment and filed. ELECTRIC DEPT: 2. CH2M Hill Invoice No. 9992 dated November 15, 1979, in the amount of $19,372.50, for engineering services performed September 25 through October 24, 1979, relative to the Grant Lake hydroelectric project was approved for payment and filed. ELECTRIC DEPT: 3. CH2M Hill Invoice No. 119383 dated November 19, 1979, in the amount of $1,403.50 for consulting services rendered relative to the City's electric rate study was approved for payment and filed. 4TH OF JULY CREEK AREA: 4. R & M Consultants, Inc. Invoice No. 951329 dated November 21, 1979, in the amount of $12,683.36 for engineering services rendered through November 4, 1979, relative to the Fourth of July Creek access road reconnaissance study was approved for payment and filed. 4TH OF JULY CREEK AREA: 5. R & M Consultants, Inc. Invoice No. 951351 dated November 21, 1979, in the amount of $25,041.23 for engineering services rendered through November 17, 1979, relative to the Fourth of July Creek access road "P" line survey was approved for payment and filed. STREETS, RDS, HWYS: 6. Trans-Alaska Engineering invoice dated November 30, 1979, in the amount of $1,201.50 for work performed on the high school access road design was approved for payment and filed. 4TH OF JULY CREEK AREA: 7. November 27, 1979, letter from Arctic Environmental Engineers, informing the City that the firm would not be submitting a statement of qualifications for the proposed Fourth of July Creek industrial park project design was noted for information only. , J t) PAGE 15 REGULAR MEETING - DECEMBER 10, 1979 VOLUME 19 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) ELECTRIC DEPT: 8. "The Proposed Grant Lake Hydroelectric Project", undated, was noted for information and filed. V1. BOROUGH ASSEMBLY REPORT: None I VII. PUBLIC HEARINGS: CLIFF STREETS, A. Public hearing was opened on the proposed vacation of a portion RDS, of First Avenue as shown on the plat of the Cliff Addition, lying between Blocks HWYS/7 and 8, containing approximately .487 acres, to Patrick O'Brien; and, legal ADDN:notice of the hearing as published two times in the local newspaper, was noted. No one appeared from the audience in order to be heard and the public hearing was closed. Administrative Assistant located the proposed street vacation on a posted aerial photograph. He explained that the City Council, by an earlier motion, had approved the subject vacation; however, due to the fact that the vacation represented the disposal of City land, the City Code required that a formal public hearing be held. VIII. CITIZENS' DISCUSSION: BUDGET: A. Thomas Pindelski and Patrick Hanley, representing Price Waterhouse and Company, appeared from the audience and spoke on the audit of the City's books for fiscal year 1978-79. "City of Seward Financial Statements for the Years Ended June 30, 1979, and 1978" and "City of Seward Report to Management- Year Ended June 30, 1979", were noted. Pindelski gave Council an overview of the financial statements as prepared by Price Waterhouse and stated the City showed a healthy financial picture but qualified his observation by stating that the Council might want to review the current water rates with an eye towards increasing them in the near future. Hanley appeared and reviewed the management letter as presented to Council. I B. The presentation by Charles Hendrix, Alaskan Fisheries Company, regarding his proposal to lease City-owned Tracts 5 and 6, Seward Waterfront Tracts, was continued to a later date. LAUBNER ADDN: C. November 20, 1979, letter from Thomas Gillespie, requesting to purchase City-owned Lot 15, Block 11, Laubner Addition, was noted. December 5, 1979, memo from City Clerk Shanley and attached correspondence between the City and Ralph E. Moody regarding Moody's request in 1976 and 1977 to purchase Lot 22, Block 10, Laubner Addition, was also noted. City Manager requested that Council delay action on the request in order to allow time for the City Engineer to review the proposal and examine the parcels involved, with a recommendation to be forthcoming. Councilmember John Gillespie asked the Engineer to simultaneously review the lots contained in Moody's request when he was investigating Tom Gillespie's proposal. Following discussion, Hugli stated the item would be scheduled for further discussion at the January 14, 1980, Council meeting. 4TH OF JULY D. Bob Dorsch, Land Design Engineer for R & M Consultants, Inc., CREEK AREA:appeared from the audience and spoke and answered questions on his firm's route reconnaissance and P-line survey work on the 4th of July Creek industrial park area access road. He posted preliminary maps of the road route and spoke on discussions he had had with Virginia Darling, owner of a tract of land the route crossed, regarding the proposed route possibly rendering a portion of her land marginally useable. Dorsch stated that the City might have to I consider the purchase of an additional strip of her land, over and above the road right-of-way parcel. Following discussion, City Manager confirmed that the Council would be kept informed on the matter of negotiations with Darling and Dorothy Stewart Noyes regarding purchase of a portion of their land for the road right-of-way. , " " \ PAGE 16 REGULAR MEETING - DECEMBER 10, 1979 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: REFUSE ORDS: SERVICE/ 1. Copies being distributed to Council and made available to the public, Hugli read by title only proposed ordinance regarding garbage disposal rates, entitled: An Ordinance Relating to Garbage and Refuse Disposal Fees City Manager confirmed that the ordinance, if enacted, would allow garbage and refuse disposal fees to be established by Council resolution rather than by ordinance. It was moved by Gillespie, seconded by Soriano and unanimously carried by all those present to introduce Ordinance No. 480 and schedule a public hearing for January 14, 1980. B. Ordinances for Public Hearing and Enactment: None C. Resolutions: PERSONNEL/ RES: 1. Copies being made available to the public, Hugli noted by title only proposed resolution terminating Social Security coverage for City employees, entitled: A Resolution Providing for the Termination of Coverage of City Employees Under the Social Security Program The following items were also noted relative to the question of City employees opting out of the Federal Social Security program: November 26, 1979, letter from City Attorney Jarrell regarding the pro- cedure which must be followed to terminate Social Security coverage December 4, 1979, memo to City employees from Personnel Officer Shanley, and attached correspondence relative to the Social Security opt-out issue December 5, 1979, memo from Personnel Officer Shanley to the City Council, setting forth the results of the City employees' election on Social Security opt-out December 10, 1979, memo from Personnel Officer Shanley to the City Council, up- dating the City employees' election results on Social Security opt-out City Attorney spoke and answered questions on the termination of Social Security coverage, stating that if Council passed a resolution prior to December 31, 1979, the termination of the program coverage would not be effective until January 1, 1982. He confirmed that the State of Alaska had opted out of Social Security and reported that the cities of Bethel, Dillingham, Fairbanks, Haines, Kenai, Valdez and Wasilla as well as the Kenai Peninsula Borough and the unified cities and boroughs of Juneau and Sitka had filed termination notices with the State and Federal governments. City Manager stated that with 71.43 percent of the City employees voting to terminate Social Security coverage, he urged the Council to respect majority rule and to uphold and support the employees' wishes. Paul Arnett, First Southwest Company, appeared from the audience and spoke on the experience he had had with the Social Security opt-out situation when he had been the finance direc~r of a water board in Tennessee. Arnett explained the Federal regulations which allowed governmental entities to opt out of the Social Security program and stated that it was common knowledge that the program wasnotaetuarially sound. City Clerk/Personnel Officer spoke on the '. I PAGE 17 REGULAR MEETING - DECEMBER 10, 1979 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (cont'd) C. Resolutions: (cont'd) PERSONNEL/procedures which had been followed the previous week in distributing information RES: to the City employees, holding informational meetings and having the employees (cont'd) vote on the issue. Potts voiced objection to the City employees opting out of Social Security, stating they were weakening the system and they had a moral obligation to support the elderly of the country. Following discussion, it was moved by Hugli, seconded by Cripps but did not carry as follows to approve Resolution No. 79-49: I Ayes: Noes: Absent: Cripps, Gillespie and Hugli Potts, Soriano and Swartz Campbell XIV. CITIZENS' DISCUSSION: (Taken out of order by Mayor with Council consent) A. Nancy Green appeared from the audience and spoke on the need for a day care center in the Seward area and detailed the groundwork she and Linda Lamberson had done to arrange for a building location, volunteer staff assistance and funding. RECESS: The meeting was recessed at 9:20 p.m.; reconvened at 9:25 p.m. X. UNFINISHED BUS INESS : WATERFRONT A. It was noted that December 31, 1979, was the expiration date for TRACTS/ the Dock License Agreements held by Seward Fisheries and Northern Stevedoring SEWARD and Handling Corporation (NSHC) for the City Dock in the Small Boat Harbor and FISH: the 4th Avenue Dock, respectively. City Manager stated it was the administra- tion's recommendation not to renew the Dock License Agreement with NSHC for the I 4th Avenue Dock. Gale Shingleton, Vice President of NSHC, appeared from the audience and requested the Council reconsider their earlier action not to renew the License Agreement. Further, he spoke on NSHC's lease of City-owned Tracts 3 and 4, Seward Waterfront Tracts and stated that operation of the 4th Avenue Dock was an integral part of the upland's lease. He spoke on the discrepancy in the City's appraisal of the rental rate on Tracts 3 and 4 and the appraisal figures NSHC had received from another independent appraiser on the same parcels. Following discussion, it was moved by Potts, seconded by Swartz and unanimously carried by all those present that the City of Seward not renew the Dock License Agreement with NSHC. City Manager requested time to renegotiate a new Dock License Agreement with NSHC and requested Council permission to extend the terms of the existing Dock License Agreement and Lease of Tracts 3 and 4 for a 90 day period. Following discussion, it was moved by Soriano, seconded by Potts and unanimously carried by all those present to give the City Manager 90 days in which to negotiate with NSHC. Relative to the Dock License Agreement the City had with Seward Fisheries for the City Dock in the Small Boat Harbor area, City Manager spoke on the Promissory Note in the amount of $65,994 which Seward Fisheries had signed in July of 1975 to finance improvements to the Dock. He stated the Note would be paid off in June of 1984 and recommended that the current Dock License Agreement be renewed and continued in its present form until that date. Following discussion, it was moved by Hugli, seconded by Potts and unanimously carried by all those present to renew the License until the balance of the Promissory Note was paid in full (June 30, 1984) and at that time to renegotiate the License. I XL NEW BUSINESS: REFUSE SERVICE: A. December 5, 1979, memo from City Clerk Shanley and attached bid documents for the collection and disposal of garbage and refuse within the City for the four year period beginning January 1, 1980, was noted. City Manager stated the only bid received had been submitted by the present garbage and refuse service contractor, Herman Leirer d/b/a Seward Service. He stated Leirer had submitted a timely bid which had contained a 24 percent rate increase over the present garbage fees. Following discussion, it was moved by Gillespie, seconded by Soriano and unanimously carried by all those present to accept the bid of Seward Service. IR PAGE 18 REGULAR MEETING - DECEMBER 10, 1979 VOLUME 19 XL NEW BUSINESS: (cont'd) HOSPITAL: B. January 16, 1975, Promissory Note in the amount of $25,754.59 as signed by C. Keith Campbell, Administrator, Seward General Hospital, for the financing of the hospital fire protection sprinkler system, was noted. David Hudspeth, President of the Board of Trustees of Seward General Hospital, appeared from the audience and, in answer to a Council question, stated that the Promissory Note had been signed in 1975 at a time when it was assumed that the Hospital would come under a soon-to-be created Borough service area and the Borough would then take over the payment of the Note. Following discussion, it was moved by Swartz, seconded by Gillespie and unanimously carried by all those present that the City of Seward forgive the Promissory Note to Seward General Hospital in the amount of $25,754.59. XII. CITY MANAGER REPORTS: FIRE DEPT: A. City Manager followed-up on discussion which had taken place at the November 5, 1979, Council meeting relative to pay for volunteer firemen while on fire call-out. He stated the insurance problem had been resolved and the volunteers would be covered by workmen's compensation while on official duties. However, he commented that funds would not be available to pay the volunteers until the next fiscal year, at which time monies would be allocated for such purpose. Further, he requested, with Council consent, that he be given permission to request bids for a mini-pump truck or fast response type fire unit so that when only the Fire Chief or the senior ranking officer responded to a questionable fire call, fire fighting equipment would nevertheless be on the scene. 4TH OF JULY B. City Manager stated he had been accompanied by Administrative CREEK AREA:Assistant Schaefermeyer and City Engineer Small last week in meetings with Burmeister/Wain representatives in Anchorage. Small displayed and spoke and answered questions on the revised feasibility site plan for the shipyard to be constructed at the 4th of July Creek area. PKS & REe/ SPECIAL COM EVENTS: C. City Manager stated there remained $2581 in Coastal Energy Impact Program (CEIP) funds after completion of the 7th Avenue greenbelt feasibility study and requested permission to apply that amount to a $3500 project to be conducted by CH2M Hill for a "Salmon Derby Village" design, to contain a weigh-in station, ticket counter, concession stands, etc. He requested an additional $919 in City budgeted engineering fees for the project. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to give the City Manager the authority to spend $2581 of CEIP funds, with an additional $919 from engineering funds, for the purpose of laying out a Salmon Derby area. HOSPITAL: D. City Manager, with Council consent, requested permission to request engineering bids for the performance of a survey of the renovative needs of the Seward General Hospital in order to apply to the Legislature for available project funding. E. City Manager confirmed he would be in Anchorage from Monday, December 17 through Wednesday, December 19 in order to attend various meetings. F. City Manager gave a brief status report on the State's time schedule for the installation of a mini-earth television station for the Seward area. XIII. COUNCIL DISCUSSION: HARBOR COMSN: A. The following items were noted as to the Harbor Commission: November 30, 1979, letter from City Clerk Shanley, directed to all Harbor Commissioners, notifying them of Council's desire to have them attend the December 10 Council meeting if they wished to remain on the Commission "Notice of Vacancy - Seward Harbor Commission" as published two times in the local newspaper HARBOR COMSN: (cont'd) I I I i' PAGE 19 REGULAR MEETING - DECEMBER 10, 1979 VOLUME 19 XIII. COUNCIL DISCUSSION: (cont'd) Letters of resignation from current Harbor Commissioners: Letter dated December 2, 1979, from Mark Walker Letter dated December 5, 1979, from Donald Oldow Letter dated December 7, 1979, from Judith Renwick Applications for Commission appointment: December 5, 1979, application from Connie Bencardino August 29, 1979, application from Dave Benttinen December 7, 1979, application from Dietrich Binder December 10, 1979, application from Willard Dunham December 4, 1979, application from Richard Maxim December 3, 1979, application from Monty Richardson September 17, 1979, application from Paul Seaton Hugli, with Council consent, stated Council would appoint four new Commissioners, to replace Oldow, Renwick and Walker, as well as Bill James who had not submitted a letter of resignation but, due to the fact that he was working a night shift at his job, had not been able to attend a Harbor Commission meeting since June. Each Councilmember cast a secret ballot for four applicants. The City Clerk tallied the votes and declared that Dietrich Binder, Willard Dunham, Monty Richardson and Paul Seaton had received the highest number of votes. At this time Harbor Commissioner Luella Wilfong appeared from the audience and submitted her resignation. City Clerk noted that Connie Bencardino had received the next highest number of votes. City Clerk confirmed that the new Harbor Commission consisted of the following members: Connie Bencardino Dietrich Binder Willard Dunham David Hudspeth James Pruitt Monty Richardson Paul Seaton James Pruitt and Julie Renwick appeared from the audience and spoke on what they considered to be the problems of the Commission and the apparent lack of com- munication between the Council, City administration and the Commission. B. Planning and Zoning Commission report - None C. In answer to a question from Swartz, City Engineer Thomas Small spoke on the home energy audit program. J ~ } ,I' PAGE 20 REGULAR MEETING - DECEMBER 10, 1979 VOLUME 19 XIII. COUNCIL DISCUSSION: (cont'd) HARBOR: D. Swartz read in full a letter from Christine Werner of Western Auto, objecting to the City purchasing a tractor/snow blower for the Harbor from an out- of-town business. City Manager and Harbormaster Singleton replied that the specifications on Western Auto's model were not comparative with the purchased equipment and the estimated delivery date of late January or early February rendered the Western Auto bid noncompetitive. PUBLIC WORKS: E. Gillespie questioned why the City had not yet purchased a gate for the City grader in order to allow it to by-pass a driveway or street intersection without leaving a snow berm. Following discussion, Hugli, with Council consent, directed the City Manager to investigate the purchase of a grader gate. F. Soriano voiced objection to the smoke-filled Council Chambers. XIV. CITIZENS' DISCUSSION: PERSONNEL: A. JoAnne Shanley appeared and voiced objection to Council's earlier action denying the passage of a resolution which would have terminated Social Security coverage for City employees. She stated 83 percent of the City employees had voted on the issue and, of those voting, almost 72 percent voted in favor of the opt-out. She compared these election results to the recent State employee vote where less than 30 percent of the State employees voted and, of those voting, 58 percent voted in favor of the successful opt-out. Shanley questioned where the City employees were to go for representation if not to Council. Potts restated his earlier opinion that the employees, as American citizens, had a moral obligation to support the elderly of the country. Herman Leirer and Donna Limbean appeared from the audience and also spoke on the issue. XV. ADJOURNMENT: The me~ting was adjourned at 11:27 p.m. '\ ( , ,Ict~'y 1.,,- G ~oAnne E. Shanley S;ity Clerk )/:'JKt I J.~:4- i ) ~ . -...... ?" (C~i~al) . ',' - t. \, . - ..-' ------------------------------------------------------------------------------ PAGE 20 SPECIAL MEETING - DECEMBER 21, 1979 VOLUME 19 1. CALL TO ORDER: The December 21, 1979, special meeting of the Seward City Council was called to order at 3:31 p.m. by Mayor Hugli. It was noted that the required public notice of the meeting had been fulfilled. II. OPENING CEREMONY: Councilmember Swartz led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Hugli; Councilmembers Cripps, *Gillespie, Potts, Soriano and Swartz (Absent, with Council consent, was Campbell) Present also: City Manager Johnson, Administrative Assistant- Treasurer Schaefermeyer and City Clerk Shanley PAGE 21 SPECIAL MEETING - DECEMBER 21, 1979 VOLUME 19 IV. SPECIAL ITEMS: TELEVISION/ A. Copies being made available to the public, Hugli noted by RES: title only proposed resolution regarding the City's acceptance of the FCC license for and operation of KAKM-Channel 7, entitled: I PERSONNEL/ I RES: I A Resolution Regarding Mini-TV Service in the Seward Area City Manager spoke and answered questions on local television service, stating it was becoming increasingly apparent that the Mile 18 translator for Channel 2 could not provide reliable television programming for the Seward area. Further, he commented that the public funding for KAKM educational programming was soon to be exhausted and the City could not afford to operate it at its current level. He called the Councilmembers' attention to the December 20, 1979, memo from Tom Small, City Engineer, regarding the State of Alaska satellite program and recommending Council approval of the resolution as presented. City Manager explained that approval of the resolution would allow the City to obtain the FCC license for KAKM-Channel 7 and, with assured State financial assistance, the City would be receiving a State-operated satellite earth station in the next 60 to 90 days which would be capable of broadcasting commercial programming to approximately Mile 10. He stated that only an estimated 28 customers who lived past Mile 10 and were n~ paying for television service would not be serviced by the earth station. However, he commented that he was working with State Representative Margaret Branson in obtaining State funding to provide television service to the Moose Pass area. COUNCIlMEMBER GILLESPIE ARRIVED AT THIS TIME AND HEREAFTER TOOK PART IN THE MEETING. Following discussion, it was moved by Potts, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 79-49. B. Copies being made available to the public, Hugli noted by title only proposed resolution regarding the termination of Social Security coverage for City employees, entitled: A Resolution Providing for the Termination of Coverage of City Employees Under the Social Security Program Hugli stated he had asked that the resolution be placed on the agenda, noting that it had been voted upon at the Council meeting of December 10, 1979, but had not been approved. He asked that the Councilmembers who had voted against the resolution to reconsider their position, stating that over 70 percent of the City employees had supported adoption of the resolution and he felt the majority opinion should rule. Following discussion, it was moved by Soriano, seconded by Cripps and carried as follows to reconsider the resolution regarding Social Security termination: Ayes: Noes: Absent: Cripps, Gillespie, Hugli, Soriano and Swartz Potts Campbell Potts voiced objection to passage of the resolution, stating he had discussed the matter with many local citizens and he felt his views represented those of the citizenry. He stated he was against the Social Security termination for City employees because not everyone paying into the system had the option to terminate coverage. Soriano and Swartz stated that although they did not necessarily agree with the employees' request to opt out of Social Security, after reconsideration they felt obligated to let the employees make their own decision on the matter and to uphold the majority position. Gillespie stated that a few years ago the Council had made a clear declaration to give the City :J.? PAGE 22 SPECIAL MEETING - DECEMBER 21, 1979 VOLUME 19 IV. SPECIAL ITEMS: (cont'd) PERSONNEL/ RES: (cont'd) employees the best benefits possible and to prove to them that they did not need a union to receive fair and equitable representation. He stated a vote against the employees wishes in this regard would have a negative effect on employee/management relations. Following discussion, it was moved by Hugli, seconded by Soriano and carried as follows to approve Resolution No. 79-50: Ayes: Noes: Absent: Cripps, Gillespie, Hugli, Soriano and Swartz Pot ts Campbell V. ADJOURNMENT: The meeting was adjourned at 4:01 p.m. '\ '1 C; ,J "Ii Yh~-, L-, JoAnne E. Shanley City Clerk , n J;! " r' . ,,' ;. Ie( ILl.( v -; 0 t~!J! (l Raym d L. Hugli Mayor (City Seal)" ------------------------------------------------------------------------------ PAGE 22 REGULAR MEETING - JANUARY 14, 1980 VOLUME 19 1. CALL TO ORDER: The January 14, 1980, 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, Cripps, Soriano and Swartz (Absent, with Council consent, were Gillespie and Potts) Present also: City Manager Johnson, City Attorney Jarrell, Administrative Assistant Schaefermeyer and City Clerk Shanley IV. APPROVAL OF MINUTES: It was moved by Soriano, seconded by Cripps and unanimously carried by all those present to approve the regular meeting minutes of December 10, 1979, and the special meeting minutes of December 21, 1979, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request of the City Manager, it was moved by Soriano, seconded by Campbell and unanimously carried by all those present to hold an executive session regarding legal matters immediately following adjournment of the regular meeting. City Manager requested that the presentation by Charles Hendrix, Alaskan Fisheries Company, scheduled as item A. under VIII. Citizens' Discussion, be postponed to a later date. He requested that the following items be added to the regular meeting agenda: