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HomeMy WebLinkAbout1982 City Council Minutes . ~ -~ \-' , ~ : ~ \ PAGE 318 REGULAR MEETING - DECEMBER 28, 1981 VOLUME 19 XIII. COUNCIL DISCUSSION: (Cont' d) D. Swartz commended the Street Department for getting out and correcting the icy conditions of the roads. E. Cripps stated that he had attended the December 22, 1981 Mayor's meeting in Soldotna and had been favorably impressed by Anchorage Mayor Tony Knowles. He noted that a report on the meeting had been drafted and would be distributed to Council by the Clerk's office. XIV. CITIZENS' DISCUSSION: SISTER CITY: A. Brent Whitmore appeared from the audience and read a letter from Mayor Tomoto of Obihiro, Japa~ which he had received along with several drawings and watercolors done by school children in Obihiro. He stated that he would be visiting the Seward schools with the paintings with the idea of displaying the Japanese art and encouraging local youth to submit some Alaskan art to send to Obihiro. xv. ADJOURNMENT: The meeting was adjourned at 9:35 p.m. and, after a short recess, the Council went into executive session to discuss a financial matter. l /(J(:" . Z CO L/t'/..../Ct t'Ll ;1,/)., Donald W. Cripps Mayor ---------------------------------------------------------------- PAGE 318 REGULAR MEETING - JANUARY 11, 1982 VOLUME 19 I. CALL TO.ORDER: The January 11, 1982, regular meeting of the Seward City Council was called to order at 7:31 p.m. by Mayor Cripps. II. OPENING CEREMONY: Councilmember Meehan led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps; Councilmembers Campbell, Meehan, O'Brien, Soriano and Swartz (Absent, with Council consent, was Councilmember Burgess) Present also: City Manager Johnson, City Attorney Hughes, Assistant City Manager Schaefermeyer, City Clerk Shanley and Deputy City Clerk Murphy IV. APPROVAL OF MINUTES: It was moved by Campbell, seconded by Meehan and unanimously carried by all those present to approve the regular meeting minutes of December 28, 1981, as written. PAGE 319 REGULAR MEETING - JANUARY 11, 1982 VOLUME 19 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following changes be made to the regular meeting agenda: XII. City Manager Reports: I B. 4th of July Creek stream relocation contract cost overruns and final project payment to Chris Berg in the amount of $82,411 C. DELETE Arctic Environmental Engineers' request to increase the not-to-exceed cost figure of the sewage treatment project contract C COUNCIL: City Manager introduced Kathy Bottcher, senior at Seward High School, and recommended that Ms. Bottcher be appointed an honorary junior Councilmember. Following discussion, it was moved by Swartz, seconded by Campbell and unanimously carried by all those present to approve Kathy Bottcher as an honorary member of the City Council. Following discussion, it was moved by Soriano, 0' Brien and unanimously carried by all those present to regular meeting agenda as amended and the consent calendar and the following actions were taken: seconded by approve the as presented ELECTRIC DEPT: 1. January 6, 1982, letter from the City Manager to Homer Electric Association regarding the Bradley Lake Railbelt Intertie was noted for information and filed. SISTER CITY: 2. Draft itinerary for the first Seward Trade Mission to Japan was noted for information and filed. I ABC B: 3. December 23, 1981, and January 4, 1982, letters from the Alcoholic Beverage Control Board, noticing of the filing of renewal liquor license applications for the following local establishments were noted and filed without objection: American Legion Club Post 5 Dorothy's Cocktail Lounge Pioneer Bar & Liquor Store Tony's Bar & Liquor Store Palace Saloon & Hotel Harbor Dinner Club BPO Elks Lodge #1773 Breeze Inn Yukon Bar AIRPORT: 4. Application of North Pacific Airlines, Inc., for a Certificate of Public Convenience and Necessity for service to Seward, received January 4, 1982, was filed without objection. XII. CITY MANAGER REPORTS: (Taken out of order by Mayor, with Council consent) ELECTRIC DEPT: D. January 5, 1982, memorandum from City Engineer Small regarding PCB levels in the Seward Electric System's transformers was noted. Small appeared from the audience and introduced Lynn King, Vice President, Energy & Environment Research Group Inc. Small explained that recent EPA regulations required the testing and clean up of the transformers and King's firm was the only enterprise in Alaska that was licensed to perform the job. King appeared from the audience and spoke on the history of the carcinogen PCB and the process which would be followed to clean up Seward's transformers to meet the Federal requirements of a PCB level less than 50 ppm. I '.." () PAGE 320 REGULAR MEETING - JANUARY 11, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (cont'd) ELECTRIC DEPT: In response to an inquiry from Cripps, City Attorney (cont'd) stated the Code provisions allowed the Council to act without following bidding procedures when a contract for professional services was being considered. Meehan and Soriano voiced support for removing all PCB contaminants from the transformers rather than just meeting the EPA requirements. Campbell suggested the City Engineer continue the compilation of cost figures for the clean up process and report back to Council at its next meeting. Following discussion, City Manager confirmed the administration would complete a report on the proj ect' s monetary considerations for Council review at its next regular meeting. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Schaefermeyer gave a verbal report on the January 5, 1982. Representative Darryl Assembly meeting of 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: B. Ordinances for Public Hearing and Enactment: PUBLIC UTILITIES/ ORDS: 1. Copies being made available to the public, Cripps noted by title only proposed ordinance regarding utility regulations, entitled: Creating Chapter 22 of the Seward City Code, Repealing Chapters 9, 12, 22 and 24 of the Seward City Code "Notice of Public Hearing" as published two times in the local newspaper and posted as required by Code provisions, was noted. Public hearing was opened on the proposed ordinance. Don Coisman appeared from the audience and objected to the utility rates charged apartment owners even when the rental units were vacant. In response, City Attorney confirmed that the ordinance under consideration did not deal with utility rate structures and that all City utility rates were established by Council resolution. City Manager confirmed the administration supported enactment of the ordinance. No one else appeared from the audience in order to be heard and the public hearing was closed. Following discussion, it was moved by Soriano, seconded by Campbell and unanimously carried by all those present to enact Ordinance No. 504. BUILDING DEPT/ ORDS: noted codes, 2. by title entitled: Copies being made available to the public, Cripps only proposed ordinance regarding the City building Creating Chapter 6 of the Seward City Code, Repealing Chapters 6, 13, and 18 of the Seward City Code "Notice of Public Hearing" as published two times in the local newspaper and posted as required by Code provision, was noted. Public hearing was opened on the proposed ordinance; no one appeared from the audience in order to be heard and the public hearing was closed. City Attorney stated that the proposed ordinance did not change any current Code provisions but only combined into one chapter various references to PAGE 321 REGULAR MEETING - JANUARY 11, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (cont'd) BUILDING ORDS: (cont'd) DEPT/ B. Ordinances for Public Hearing and Enactment: (cont'd) standardized housing, building and utility codes. it was moved by Campbell, seconded by Swartz and all those present to enact Ordinance No. 506. Following discussion, unanimously carried by I C. Resolutions: None X. UNFINISHED BUSINESS: None RECESS: The meeting was recessed at 8:30 p.m.; reconvened at 8:40 p.m. XI. NEW BUSINESS: C CLERK: A. Cripps confirmed the City Clerk had submitted her letter of resignation, effective March 5, 1982. It was moved by Soriano, seconded by Swartz and unanimously carried to accept the City Clerk's resignation. XII. CITY MANAGER REPORTS: A R R: A. City Manager distributed letter dated January 6, 1982, from City Attorney Arvidson, regarding the legal ramifications of the City allowing an amendment to the Chris Berg contract to provide for dredging of The Alaska Railroad property, and recommending against such City action. City Manager briefly reviewed the City Attorney's advisory opinion. I 4TH OF CREEK AREA: JULY B. City Manager distributed memorandum dated January 11, 1982, from City Engineer Small, regarding the 4th of July Creek relocation contract and requesting approval of the final pay request, requiring Council approval of an additional $82,411 to the contractor. Following discussion, it was moved by Soriano, seconded by O'Brien and unanimously carried by all those present to authorize the City Manager to pay Chris Berg $82,411 pursuant to Request for Payment No. 10, for the 4th of July Creek stream relocation. C. Discussion of Arctic Environmental Engineers I request to increase the not-to-exceed cost figure of the sewage treatment project contract was deleted from the agenda. D. Page 319.) (Taken out of order by Mayor, with Council consent. See E. development of be used in all City Attorney briefly reviewed a standard contract for professional contract situations in the future. the administration's services which would F. City Manager confirmed the City had received the notice to proceed on the Marathon hydroelectric project. G. City Manager reported he would be travelling to Juneau later in the week and would return to Seward on Friday, January 15. I XIII. COUNCIL DISCUSSION: C MANAGER: A. Cripps briefly reviewed the procedure which had been followed to recruit and review applicants for the City Manager vacancy which would be occurring in February when City Manager Johnson retires. He stated 22 applications had been received in a timely manner and Council had met in a work session and selected to interview four of the applicants. Cripps stated his subsequent vote on the selection in no ') I)"~ PAGE 322 REGULAR MEETING - JANUARY 11, 1982 VOLUME 19 XIII. COUNCIL DISCUSSION: (cont'd) C MANAGER: (cont'd) reflected upon personalities. Soriano stated after reviewing all the applications, the qualifications of Keith Campbell far surpassed any of the other applicants. Following discussion, it was moved by Soriano, seconded by O'Brien, but did not carry as follows, to make an exception to Sec. 2.3 of the Charter and that Keith Campbell be appointed as City Manager: Ayes: Noes: Abstain: Absent: Meehan, O'Brien and Soriano Cripps and Swartz Campbell Burgess In response to a question from O'Brien, Cripps stated he based his opinion on the City Charter requirement that the successful candidate have municipal administrative experience and he felt another applicant was more qualified than CampbelL Swartz responded although she had cast a negative vote she did not have strong feelings about any applicant interviewed but would like the Council to readvertise the position. Following lengthy discussion, it was moved by Soriano, seconded by 0' Brien and carried as follows to hold a special Council meeting on Tuesday, January 12, 1982, commencing at 6:00 p.m., in order to further discuss the City Manager selection: Ayes: Noes: Abstain: Absent: Cripps, Meehan, None Campbell Burgess O'Brien, Soriano and Swartz B. O'Brien referred to the earlier discussion regarding the presence of PCB in the City's electrical transformers and the procedure which would correct the situation. In response to his question, City Manager and City Engineer Small stated it was important for the City to proceed with the clean up process. Small estimated that to clean up the transformers where no trace of PCB remained would cost $80,000 to $90,000 but a more accurate report would be submitted at a later meeting of the Council. C. Swartz questioned if the City could install lights near the ball fields so people could ice skate. Utilities Manager Small stated a lighted ice skating area had been developed on Ba1laine Blvd. XIV. CITIZENS' DISCUSSION: No one appeared from the audience at this time in order to be heard. XV. ADJOURNMENT: The meeting was adjourned at 9:16 p.m. (/ " ( ./,(I}~.;;/0 ~ 1. /fL,at/J!lt, ( /7;'1 Donald W. Cripps ' Mayor PAGE 323 SPECIAL MEETING - JANUARY 12, 1982 VOLUME 19 I. CALL TO ORDER: The January 12, 1982, special meeting of the Seward City Council was called to order at 6: 00 p. m. by Mayor Cripps. "Notice of Special Meeting" as posted and distributed, pursuant to City Code provisions, was noted. I II. OPENING CEREMONY: Councilmember Swartz led the pledge of allegiance to the flag. II I. ROLL CALL: Present were: Mayor Cripps; Councilmembers Campbell, Meehan, O'Brien, Soriano and Swartz (Absent, with Council consent, was Councilmember Burgess) Present also: City Manager Johnson, City Clerk Shanley and Deputy City Clerk Murphy IV. SPECIAL ITEM: C MANAGER: A. Cripps commented that Council was meeting for the sole purpose of selecting a City Manager and, with Council consent, confirmed that the meeting was not a public hearing and no public testimony would be taken. Cripps reviewed relative sections of Robert's Rules of Order regarding motion reconsideration. Further, he read in full the Oath of Office taken by all Councilmembers when sworn in to their positions. He also referenced Sec. 5.4 of the City Charter, quoting subsection (a) which states: I The city manager shall be chosen solely on the basis of his demonstrated administrative quali- fications, with particular emphasis on his train- ing and experience as a professional municipal administrator. He stated the evidence was presented to explain his negative vote when the motion was made the previous evening to appoint C. Keith Campbell to the City Manager position. O'Brien responded that in his op~n~on Campbell had the necessary demonstrated municipal administrative experience due to his years of service on the Council and Kenai Peninsula Borough Assembly. O'Brien commented on the critical developmental stage which Seward was experiencing and supported Campbell as the most qualified applicant for the chief administrative position for the City. He stated Council should be embarrassed to find itself in such an indecisive position. Meehan voiced agreement with O'Brien's statements and supported Campbell as the most qualified applicant for the City Manager position. Following discussion, it was moved by Soriano, seconded by O'Brien but did not carry as follows to make an exception to Sec. 2.3 of the City Charter and that Keith Campbell be appointed as City Manager: I Ayes: Noes: Abstain: Absent: Meehan, O'Brien and Soriano Cripps and Swartz Campbell Burgess RECESS: The meeting was recessed at 6:10 p.m.; reconvened at 6:15 p.m. Cripps stated the Council was apparently at an impasse and the alternatives seemed to be to readvertise the position, select another candidate, or recall the Councilmembers who did not represent the majority of the Seward citizenry. He recommended that further action on the issue be delayed until Burgess was present to participate in the decision-making process (Burgess was out of town and did not interview any of the applicants.). PAGE 324 SPECIAL MEETING - JANUARY 12, 1982 VOLUME 19 IV. SPECIAL ITEM: (cont'd) C MANAGER: (cont'd) 0' Brien stated the Council's present position was detrimental to the City and since there were three members who had strong feelings about the abilities and qualifications of C. Keith Campbell, he urged one more member to vote in favor of Campbell to resolve the situation. Following discussion, it was moved by Meehan, seconded by Soriano, but did not carry as follows to make an exception to Sec. 2.3 of the City Charter and that Keith Campbell be appointed as City Manager: Ayes: Noes: Abstain: Absent: Meehan, O'Brien and Soriano Cripps and Swartz Campbell Burgess It was noted that the issue would again be considered at the regular Council meeting scheduled for January 25, 1982. V. ADJOURNMENT: !; >, ~ was adjourned at 6:19 p.m. I i / 6 l / -- /, L-' /c/ ~ tftLi t/ ff~ Donald W. Cripps Mayor ,;(~ity Seal) - ~ '...1~._~~ \-:r " ..-c.... .... ,..,;'.;_},\~r:,' ~'-\.-"~.u1".-,:7- - "~ --------------------------------------------------------------------------- PAGE 324 SPECIAL MEETING - JANUARY 18, 1982 VOLUME 19 I. CALL TO ORDER: The January 18, 1982, Special Meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Cripps. II. OPENING CEREMONY: Councilmember Meehan led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps; Councilmembers Campbell, Meehan, O'Brien, Soriano and Swartz. (Absent with Council consent was Counci1member Burgess) Present also: City Manager Johnson, City Attorney Arvidson, City Clerk Shanley and Deputy City Clerk Murphy C MANAGER: I C MANAGER: C MANAGER: I I PAGE 325 SPECIAL MEETING - JANUARY 18, 1982 .).) ~ .. :; ....... f) VOLUME 19 IV. SPECIAL ITEM: A. It was noted that this Special Meeting was called to further discuss the selection of a new City Manager. Campbell, one of the four applicants being considered for the position, withdrew his application, stilt ',ng that it was most important that the City present a united front in Juneau at this time, and that his decision to withdraw was based on reuniting the Council to accomplish this task. Soriano quoted Sec. 2.20.120 (c) and (d) of the Seward City Code concerning rules of debate. He reviewed the process that had been followed during the last two meetings which led to Campbell's withdrawal, and stated that Council was now left in the awkward position of trying to decide what to do next. Soriano went on to state that there were outside influences trying to dictate the affairs of the City and asked that the people demand to know why Campbell was even considered for the position of City Manager if there were members of Council who did not consider him qualified. O'Brien and Meehan concurred with Soriano's statements. Cripps and Swartz each stated that they had voted their consciences. It was moved by Meehan, seconded by Soriano and unanimously carried by all those present that the City Council of the City of Seward instruct the Mayor to ask City Manager Johnny Johnson one final time if he would consider withdrawing his resignation. Cripps asked Johnson to continue on as City Manager for an indefinite period of time. Johnson responded by saying that he had been upset by the division he had seen on the Council and he feared that everything the City had worked to accomplish was coming unglued. He added that he too had received calls from Juneau asking what was going on in Seward and warning that if Seward wanted to get the funding it had requested they must present a united front and resolve the City Manager issue. Johnson agreed to withdraw his resignation under the condition that he be given a minimum of 90 days notice before being involuntarily dismissed and that he be allowed to take some leave time immediately. It was moved by O'Brien, seconded by Soriano and unanimously carried by all those present to accept the withdrawal of Mr. Johnson's resignation. O'Brien stated that Johnson deserved a round of applause for his decision to stay on as City Manager; Council and audience alike responded with same. V. CITIZEN'S DISCUSSION: A. Jim Ohmer appeared from the audience and commended Johnson for the good job he had done for Seward. He then stated that he felt that Campbell would be the best man for the job, adding that it would take someone from outside the City at least six months to know what was going on. B. Campbell, with Council consent, requested a work session be scheduled Tuesday, January 19, 1982, at 6:00 p.m. for a meeting of the Seward General Hospital Board and the City Council. C. Ron Lewis appeared from the audience and commended Campbell for making the decision to withdraw his application, thereby reuniting the Council, and Johnson for withdrawing his resignation. VI. ADJOURNMENT: was adjourned at 8:17 p.m. ( I/,)~/- L r c?<'.:d0, . l 'I}-;;t-'l Donald W. Cripps ' Mayor "'> (City S~al) .) ,) / . f)_ I PAGE 326 REGULAR MEETING - JANUARY 25, 1982 VOLUME 19 I. CALL TO ORDER: The January 25, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice Mayor Campbell. I I. OPENING CEREMONY: Counci1member 0' Brien led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Vice Mayor Campbell; Councilmembers Burgess, Meehan, 0' Brien, Soriano and Swartz (Absent with Council consent was Mayor Cripps) Present also: Acting City Manager Schaefermeyer, City At- torney Arvidson, City Clerk Shanley and Deputy City Clerk Murphy IV. APPROVAL OF MINUTES: It was moved by Swartz, seconded by Burgess and unanimously carried by all those present to approve the regular meeting minutes of January 11, and the special meeting minutes of January 12 and 18, 1982, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: It was moved by Soriano, seconded by O'Brien and unanimously carried by all those present to hold an executive session immediately following the regular meeting to discuss a personnel matter. Acting City Manager requested the following additions be made to the regular meeting agenda: IX. ORDINANCES AND RESOLUTIONS: C. Resolutions: 1. Proposed Resolution No. 82-1, concerning re- ductions in State employment security services 2. Proposed Resolution No. 82-2, accepting a grant offer from the State for an industrial water main extension XII. CITY MANAGER REPORTS: F. Projected request for electric rate increase for the City G. Proposed Fourth of July Creek fisheries mitigation monitoring contract with CenturyfQuadra H. Proposed joint proclamation between the Chamber of Commerce and the City Council supporting the efforts of "Alaska 1984" It was moved by O'Brien, seconded by Meehan 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: LOCAL ORGS: 1. Application for authorized games of skill and chance as submitted by Sacred Heart Parish for CY 1982 was filed without objection Ia) Io.)~ "-Q PAGE 327 REGULAR MEETING - JANUARY 25, 1982 VOLUME 19 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd) ABCB: 2. January 13, 1982, letter from Alcoholic Beverage Control Board noticing of application for renewal of liquor license for 1982, as filed by the Hini Mall was filed without objection I ELECTRIC, AIRPORT: 3. December, 1981 progress report for Grant Lake Feasibility Analysis as prepared by Alaska Power Authority was noted for information only and filed 4. Amendment and Supplement of Application for Public Con- venience and Necessity, dated January 20, 1982, as filed by North Pacific Airlines, Inc. was noted for information only and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninusla Borough Assembly Representative Darryl Schaefermeyer gave a verbal report on the Assembly meeting of January 19, 1982. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: (With prior notice only) I Connie Bencardino, Century 21 sales representative, appeared from the audience, introduced Broker Ken Calhoon and distributed to the Council a written presentation outlining her company's proposals for marketing Terminal Addition Subdivision. Calhoon briefly outlined the benefits of having his firm represent the City in selling Terminal Addition parcels. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: AK,ST.OF/ RES: available resolution 1. Copies having been distributed to Council to. the public, Campbell noted by title only regarding the State employment offices, entitled: and made proposed Resolution of the City Council of the City of Seward, Alaska, Concerning Reductions in Employment Security Services. I City Attorney noted that he had prepared the resolution at Council's request. He went on to say that after researching the matter, he had discovered that Federal funds had been reduced causing the termination of some 28 employees of the State Department of Labor, and that there was a possibility of more cut backs in the future if the State failed to provide supplemental assistance to maintain the current level of service provided by the Department of Labor. Following discussion, it was moved by Swartz, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 82-1. ARR/RES: 2. Copies having been distributed to Council and made available to the public, Campbell noted by title only proposed resolution regarding a grant to install a water line to service the State grain terminal to be located adj acent to the Alaska Railroad dock, entitled: -) ,) ~ ,) - ( PAGE 328 REGULAR MEETING - JANUARY 25, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) ARR/RES (Cont'd): C. Resolutions: (Cont'd) 4th OF JULY CRK.AREA: 4th OF JULY CRK.AREA: OTS/BLDG A Resolution Accepting a Grant Offer From the State of Alaska, Department of Environ- mental Conservation for an Industrial Water Main Extension. Acting City Manager noted that the $100,550 grant had to be formally accepted by March, 1982. He added that accepting the grant offer would not obligate the City to complete the grain facility project: matching funds for the grant were being provided by the Office of the Governor Agriculture Action Council and no City funds were required for the capital project. Following discussion, it was moved by Soriano, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 82-2. x. UNFINISHED BUSINESS: None XI. NEW BUSINESS: None XII. CITY MANAGER REPORTS: A. January 20, 1982, letter from Century/Quadra Engineers to City Engineer Small regarding Fourth of July Creek Relocation cost overruns was noted. Acting City Manager referred to the letter in assuring Council that the City would not be billed for additional costs caused by survey discrepancies which caused the overruns. In response to a question from O'Brien, City Engineer Small appeared from the audience and stated that the City had not been billed for the cost overruns, but that in-house costs had totalled about $4500. Further discussion on the in-house costs were scheduled for January 26, when Century representatives were to be in Seward. Campbell expressed his appreciation to the City Engineer and staff for the attention they had given to resolution of the matter. B. January 20, 1982, memorandum to the City Manager from City Engineer Small regarding the site utilities transmission line for Fourth of July Creek area and attached proposal from CH2M Hill for the design work was noted. Acting City Manager requested Council approval to negotiate with CH2M Hill for a contract in an amount not to exceed $35,000. City Engineer appeared from the audience and explained that three firms had been contacted, but CH2M Hill was the only one to respond with a proposal, and that he considered their estimate of $58,304 too high. In response to a question from Swartz, he explained that if the City failed to negotiate down to $35,000, the design work would possibly be done in-house, delaying other projects by several months. Campbell noted that the utility line extension was the last of the infrastructure which the City was required to provide before VECO began its construction. Burgess stated that he felt that the City should solicit other bids for the project before deciding on a firm. Following discussion, it was moved by Soriano, seconded by Meehan and carried as follows to authorize the City administration to enter into a contract not to exceed $35,000, with CH2M Hill for the Fourth of July Creek area : AYES: Meehan, O'Brien, Soriano, Swartz and Campbell Burgess Cripps NOES: ABSENT: DEPT: Andrews' Townsite, C. January 19, 1982, report from the State Fire Marshal on Army Store located on Lots 23 and 24, Block 16, Original was noted. Acting City Manager distributed January 20, 1982, '" ~ \<. ~ 4 } , , -- ~ PAGE 329 REGULAR MEETING - JANUARY 25, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (Cont'd) memorandum from Building Inspector Watsjold, requesting that special attention be paid to Watsjold's assessment that the building should be classified as dangerous. Acting City Manager requested that since the City Attorney had not had an opportunity to review the matter, further discussion be continued until the February 8, 1982, regular meeting when a detailed report on the City's responsibilities would be outlined for I Council. PERS.PROPERTY: D. Acting City Manager noted that the City had solicited bids from several Alaskan car dealerships in December for the purchase of three pick-ups to be used in the construction management effort at Fourth of July Marine Industrial Center. Four bids had been received, with Alaska Sales and Service the apparent low bidder with a bid in the amount of $21,353.94. The City had then deleted the Ziebart rustproofing from the contract and had added step-up bumpers, changing the bid amount to $21,173.94. Following discussion, it was moved by O'Brien, seconded by Swartz and unanimously carried by all those present to authorize the City Manager to buy three vehicles from Alaska Sales and Service at $21,134.94. OTS/ BLDG DEPT (Cont'd): C. HALL: E. Acting City Manager noted that due to the need for more office space to house the City Engineering Department, the City had solicited bids locally in December for a one-year lease of 600 sq. ft. of office space. Three bids had been received, with Pat O'Brien being the apparent low bidder with a bid of $0.77 per sq. ft of usable office space as opposed to bids from Don Coisman and Seward Real Estate at $0.83 and $1.03 per sq. ft. of usable office space respectively. The administration recommended that Council accept the bid as submitted by O'Brien. Following discussion, it was moved by Soriano, seconded by Meehan and carried as follows to authorize the City Manager to enter into a contract with Pat O'Brien for office space for the sum of $548 per month with a 60 day cancellation clause: I AYES: Burgess, Meehan, Soriano, Swartz and Campbell None O'Brien Cripps NOES: ABSTAIN: ABSENT: ELECTRIC DEPT: F. Acting City Manager noted that a price quote in the amount of $78,394.12, had been received from Energy and Environment Research Group, Inc. for the PCB clean-up of the City's transformers. He added that while there was a $100,000 reserve amount in the utility fund, a rate increase would be necessary to maintain the 1.5% reserve required for the City's bonded indebtedness. City Engineer Small appeared from the audience and presented Council with proposed rate increases for City electrical service. He suggested that those residents outside the City be charged a higher rate for meter service, but that the rate per kw hour be the same inside and outside the City. O'Brien disagreed saying that it cost the City more to service those residents outside the City and the rate of return was not as great since those same residents tended to use less electricity. In response to a question from Soriano, Small explained that the City crews were not driving out of town very often and that most service calls could tie in with regular calls for meter reading. City Attorney explained that I while a rate increase required a resolution, a public hearing was not legally required, but the City traditionally held public hearings whenever such a rate change was being considered. Campbell, with Council consent requested that a public hearing be scheduled for the regular meeting of February 8, 1982. In response to a question from Campbell, City Engineer stated the proposed rate increase did not take into consideration Chugach Electric's amended wholesale true-up bills for past years' power consumption. DuU 4TH OF JULY CRK AREA: PAGE 330 REGULAR MEETING - JANUARY 25, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (Cont'd) G. Acting City Manager advised Council that a requirement of the permit the City received in connection with the Stream Relocation project at Fourth of July Creek was that the City mitigate the fisheries habitat lost with the stream relocation and further that the City monitor the mitigation project for four years. He added that the City had received a proposal from Century/Quadra Engineers to provide consulting services for this project for the sum of $7000. City Engineer Small appeared from the audience and explained that while the City could provide for most of the monitoring requirements in-house, it would be necessary to go outside the City for the personnel and equipment to set up the monitoring process. Following discussion, it was moved by Soriano, seconded by O'Brien and unanimously carried by all those present to authorize the administration to enter into a contract with CenturyfQuadra for the sum of $7,000. PROCLAMATIONS: H. Acting City Manager distributed copies of a proposed joint proclamation between the Chamber of Commerce and the City Council of the City of Seward designating the year 1984 as the silver anniversary of Alaska statehood and supporting the efforts of "ALASKA 1984". Following discussion, it was moved by Soriano, seconded by Meehan and unanimously carried by all those present to approve the proclamation for "ALASKA 1984". P&Z COMM: P&Z COMM: XIII. COUNCIL DISCUSSION: A. City Clerk noted the terms of Planning and Zoning Commissioners Raya Williams and Douglas Capra were scheduled to expire in Feburary, 1982 and that both Commissioners had requested reappointment to a 3-year term. Campbell, with Council consent, reappointed Douglas Capra and Raya Williams to three-year terms on the Seward Advisory Planning and Zoning Commission, with their terms expiring February, 1985. B. January 14, 1982, unapproved minute order from the regular Seward Advisory Planning and Zoning Commission meeting of January 13, 1982, stating the Commission's unanimous decision to go on record as opposed to Kenai Peninsula Borough Ordinance No. 81-2, delegating municipal zoning powers to the cities of the borough at the option of each municipality was noted. Campbell and Acting City Manager commented on City Administration's opposition to the ordinance stating the City would not be provided funding to finance the zoning functions and the borough assembly was reserving the right to rescind any zoning powers granted the City. On the recommendation of the Acting City Manager, Campbell, with Council consent, directed the administration to forward a letter to Borough Mayor Stan Thompson and the Kenai Peninsula Borough Assembly voicing the City of Seward's opposition to Ordinance No. 81-2. TERMINAL ADD: C. January 14, 1982, unapproved minute order from the regular Seward Advisory Planning and Zoning Commission meeting of January 13, 1982, regarding subdivision and street names for the Terminal Addition subdivision; the Kenai Peninsula Borough standardized street naming plan; and lists compiled from the Daily Gateway of names of the first landing party and vessels which landed in Seward during the first decadewerenoted. It was further noted that the Advisory Planning and Zoning Commission had recommended that the street names be taken from the names of the vessels landing in the port of Seward between 1904 and 1911. Swartz and O'Brien stated that while the names of the vessels were nice, they felt that the City should honor the founding fathers by naming the streets for them. Acting City Manager reminded Council that there was no need to make a final decision at this time. Campbell, with Council consent, continued discussion of this matter until the February 8, 1982, meeting. SGH: I ABCB: I C.CLERK: LEG. REPS: I PAGE 331 REGULAR MEETING - JANUARY 25, 1982 VOLUME 19 XIII. COUNCIL DISCUSSION: (Cont'd) D. Campbell referenced the work session held January 19, 1982 between the Seward General Hospital Board and the City Council regarding the financial position of hospital and the proposed transfer of the hospital's accounting functions to the City in order to streamline the process and cut costs. He estimated that this would result in a 50-60% savings in accounting costs to the hospital. Following discussion, it was moved by Soriano, seconded by Swartz, and carried as follows to authorize the transfer of accounting functions from Seward General Hospital to the City of Seward and the details to be worked out later: AYES: Burgess, Meehan, O'Brien, Soriano and Swartz None Campbell Cripps NOES: ABSTAIN: ABSENT: Campbell abstained due to the fact that he is Administrator of the hospitaL Campbell, with Council consent, requested that a series of public hearings, beginning February 8, be scheduled to discuss long term financing for the hospital in the form of a pledge from the City of 1 mill per year to be set aside for the hospital. E. The following items were noted relative to the Flamingo Lounge's request for a renewal liquor license for CY 1982: January 13, 1982, letter from the State Alcoholic Control Board noticing of application for renewal of liquor license for 1982 January 20, 1982, memorandum from the Department concerning overdue balance owed by Billy Casey and the Flamingo Lounge Finance the City Signed agreement between City Engineer SMall and Casey in which Casey promised to settle the account with weekly installments In response to a question from O'Brien, Small appeared from the audience and stated that he was satisfied with the arrangements made with Casey, and the letter and application were filed without objection. F. Campbell noted the recent resignation of the City Clerk and the need for Council to fill the vacancy. It was moved by Soriano, seconded by 0' Brien and unanimously carried by all those present to appoint Linda Murphy City Clerk upon JoAnne Shanley's termination. G. City Clerk noted that Bette Cato would hold her first Legislative Constituent meeting at 6:00 p.m. on Tuesday, January 26, 1982, and on the second and fourth Tuesday of each month thereafter at 6:00 p.m. H. Campbell noted that Seward had received $4 million from the legislature for the Fourth of July Creek Marine Industrial Center. XIV. CITIZENS' DISCUSSION: None 1,\ <} I) ,; , PAGE 332 REGULAR MEETING - JANUARY 25, 1982 VOLUME 19 xv. ADJOURNMENT: The meeting was adjourned at 9:05 p.m. and, after a short recess, the Council went into Executive Session to discuss a personnel matter. (City Seal) " -~~'~------~----~:~;~-------------------------------------------------- , " " ';.(.(z2-;~<...~_b'<' PAGE 332 REGULAR MEETING - FEBRUARY 8, 1982 VOLUME 19 I. CALL TO ORDER: The February 8, 1982, regular rreeting of the Seward City Council was called to order at 7: 30 p.m. by Mayor Donald W. Cripps. II. OPENING CERllDNY: Councilrrember Burgess led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilrrembers Burgess, Campbell, ~ehan, 0' Brien, Soriano and SWartz. (Absent was Junior Councilrrember Bottcher) Present also: Acting City Manager Schaeferrreyer, City Attorney Arvidson and Deputy City Clerk Murphy IV. APPROVAL OF MINUTES: ~ehan noted that the January 25, 1982, regular rreeting minutes, Page 331 of Volurre 19, Line 11 of Item E under COUNCIL DISCUSSIrn, should read "with weekly install1rents". Follo.ving discussion, it was rroved by O'Brien, seconded by Campbell and unanirrously carried to approve the January 25, 1982, regular rreeting minutes as corrected. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEEI'ING AGENDA: It was IlDved by Soriano, seconded by O'Brien and unanirrously carried to rreet in executive session to discuss a personnel matter irmediately follo.ving the close of regular business. ..) .. \ ..) , ) ,. ~ , ) PAGE 333 REGULAR MEETING - FEBRUARY 8, 1982 VOLUME 19 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd) Acting City Manager requested the following additions be made to the Consent Calendar: 3. Applications for Authorized File without objection Garres of Chance and Skill for Calendar Year 1982, as filed by the Arrerican Legion Auxiliary and the Seward Warren I s Bowling Association I Acting City Manager requested the following additions be made to the regular rreeting agenda: VIII. CITIZENS' DISCUSSION: (With prior notice only) B. Request from Bill and Eleanor M::Donald for pennission from Council allowing placerrent of trailers at =nstruction site leased by Chris Berg, Inc. IX. ORDINANCES AND RFSOLUTIONS: C. Resolutions: 2. Proposed Resolution No. 82-4, accepting a $4,000,000 grant from the State for the Fourth of July Creek Marine Industrial Park XII. CITY MANAGER REPORI'S: I D. Approval of payment in the arrount of $13,400 to Ken Wray Printing for the printing of the Marine Industrial Park brochures It was rroved by Carrpbell, seconded by Swartz and unanirrously carried to approve the regular rreeting agenda and the =nsent calendar as arrended, and the following actions were taken: AIRPORT: 1. January 20, 1982, amended service list as submitted by North Pacific Airlines, Inc., was noted for information and filed. PARKS & REC: 2. January 27, 1982, letter to Borough Mayor Thompson concerning a corrmmity recreation sports complex was noted for information and filed. LOCAL ORGS: 3. Applications for Authorized Garres of Skill and Chance for Calendar Year 1982, as filed by Arrerican Legion Post #5, Arrerican Legion Auxiliary and Seward Warren's Bowling Association, were filed without objection. ABCB: 4. January 26, 1982, letter from State A1=holic Beverage Control Board noticing of application for restaurant designation as filed by the Mini Mall was filed without objection. I C ATTORNEY: 5. January 19, 1982, invoice from Hughes, Thorsness, Gantz, Powell and Brundin totalling $17,213.56, for legal services rendered during December, 1981, was approved for payment and filed. .)., I u u " PAGE 334 REGULAR MEETING - FEBRUARY 8, 1982 VOLUME 19 VI. BOROUGH ASSll-1BLY REPORl': Kenai Peninsula Borough Assembly Schaeferrreyer gave a verbal report on the February 2, 1982. Representative Darryl Assembly meeting of VII. PUBLIC HEARINGS: SGH: A. Notice of Public Hearing as published one time in the local newspaper and posted was noted and the public hearing was opened. John Iohse, President of the Board of Trustees of the Seward General Hospital Association, appeared from the audience and explained the hospital's financial picture as it had evolved over the past ten years. Iohse explained that without the City's past assistance, the hospital lNOuld not now be in existence. He went on to state that in an effort to stabilize the financial position of the hospital, the Board had discussed several alternatives including making the hospital a department of the City; creating a hospital service area,which would man turning over control or the hospital to the Borough, and the proposed dedication of one mil of property tax to the hospital. Ruth McHenry, member of the hospital board, appeared from the audience and discussed the possibility of an endowment or a budgeted grant to the hospital, or a combination of the two. In response to a question from Don McCloud, Acting City Manager stated that one mil was equal to about $56,000 based on the City's current tax base. Council1rernber SWartz stated that she was in favor of a one percent sales tax since this tax would be shared by everyone, not just the property owners in the City. Don McCloud and John Sewall appeared from the audience and supported the idea of a sales tax as opposed to a property tax. In response to a question from Burgess, Schaeferrreyer explained that a one percent sales tax would be equal to about 3J., mils. Bruce Sieminski appeared from the audience and voiced his concern over the dedication of rronies to the hospital without a third party review. Mayor Cripps explained that if the 1 mil was dedicated to the hospital, one council1rernber would be appointed to the hospital board to rronitor the spending of the funds and that the financial position of the hospital lNOuld be reviewed every three years to determine if the need for assistance still existed. Jean Cripps, appearing from the audience, asked about the results of the last survey conducted by the hospital board. McHenry replied that there had been 89 respondents with 45 favoring a sales tax, 6 favoring a property tax and 29 in favor of a Borough service area. Sewall asked if the funds realized from one mil would be enough to cover the financial needs of the hospital. Carrpbell explained that if present trends continued, the hospital would need 3J.,-4 mils to break even, but if the numbers improved, one mil would cover the expected deficit. He went on to state that three rrore public hearings had been scheduled and that Council looked forward to input from the public. There being no further COIllTents from the audience, the public hearing was closed. Following a request from Iohse, Cripps, with Council consent, scheduled a work session between the hospital board and the City Council at 7:00 p.m. on Monday, February 15, 1982. ELECTRIC: B. Notice of Public Hearing as published one time in the local newspaper and posted was noted and the public hearing was opened. Acting City Manager noted that the City had received a 19 percent increase in its wholesale electric rate from Chugach Electric Association (CEA) in July, 1981, and the administration was now proposing a 16 percent increase in electrical rates in answer to CEA's true-up billing. In response to a question from Bruce Sieminski, City Engineer Small appeared from the audience and explained that as of March 1, the increase from CEA would total 43 percent, and the City was merely passing along this increased cost to the public. O'Brien stated PAGE 335 REGULAR MEETING - FEBRUARY 8, 1982 VOLUME 19 VII. PUBLIC HEARINGS: (Cont'd) ELECTRIC: (cont'd) that according to the proposed figures, those people outside the City \\Duld no longer be charged an extra 10 percent for electrical power, and he felt that since the cost of providing and maintaining this service outside the City was greater, custorrers living outside the City limits should pay IIDre. Small disagreed, stating that the only increased cost was in reading the rreters each IIDnth, and that the differential charged for IIDnthly rreter rental IIDre than covered this cost. In response to a question from Swartz, Finance Director Gale stated that there were approximately 600 utility custorrers living outside the City limits. Sieminski questioned why Seward utility custorrers pay IIDre per kilowatt than Anchorage residents, and Acting City Manager explained that the City of Seward pays IIDre for wholesale electrical power. There being no further comments from the audience, the public hearing was closed. I VIII. CITIZENS' DISCUSSION: I A. Don McCloud appeared from the audience an presented a proposal to the Council that the City fund the purchase and installation of a six by eight foot sign to be erected on the Seward Highway just south of the cerretery. The sign, which would advertise school and corrmuni ty events, would be provided by Alaska Sign and Lighting, and M::Cloud estimated that the total cost to the City would be approximately $6,000. He also stated that the school would bear the cost of maintaining the sign after installation. Ethel Bottcher, appearing from the audience, stated that since Seward's school is located in such an isolated area, there is a real need for a sign on the highway pointing the way for visitors to the City. In response to a question from O'Brien, M::Cloud stated that the sign would be located on a State right-of-way and that there would be no problem getting pemission to place it there. Meehan asked if there had been any other quotes obtained for similar signs; M::cloud answered that the only other estimate was for a IIDre expensive sign constIucted of a very brittle plastic which would break easily, and for this reason he had not seriously considered this proposal. In response to a request from O'Brien, Acting City Manager stated that he would investigate possible funding sources and make a report to the Council at its regular rreeting of February 22, 1982. FOURTH OF JULY B. February 5, 1982, letter from William S. M::Donald, CREEK President of Alaskan Barge and Salvage, Inc. requesting Council AREAl pemission to place several trailers on a portion of their property TRAILERS: which had been leased to Chris Berg, Inc. and which was located at the end of Nash Road in the Fourth of July Creek area, was distributed to the Council. City Attorney noted Section 21-10 of the Seward City Code concerning the 90-day provision for the placerrent of a trailer at a constIuction site. He went on to state that there was no provision in the Code which would allow the Council to grant an exemption to this 90-day, one trailer limit, and further that Council' s only options were to change the Code or have Chris Berg apply for a designation as a trailer park. Don McCloud and Judy M::Donald appeared from the audience and stated that, given the projected future for the Fourth of July Creek area, construction canps would continue to be a problem, and an ordinance allowing for them should be enacted by Council. M::Donald, appearing from the audience, stated that he needed an answer to his request imrrediately so that Chris Berg could begin constIuction. Cripps suggested that Chris Berg I s representative rreet with the City Engineer I and initiate the application process for designation as a trailer park. Burgess asked the City Attorney to draft an ordinance for introduction at the February 22, 1982, regular rreeting allowing the placerrent of trailers at construction sites in the Fourth of July Creek Marine Industrial Park area. RECESS: The rreeting was recessed at 9: 11 p.m. and reconvened at 9: 25 p.m. :<~G PAGE 336 REGULAR MEETING - FEBRUARY 8, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactrrent: None C. Resolutions: 1. Copies having been made available to the public, Cripps noted by title only proposed resolution entitled: A Resolution Establishing Rates for Electric Power. It was rroved by O'Brien, seconded by Soriano and unaninously carried to table proposed Resolution No. 82-3 and rrove it to Item No. 2 on the Vbrk Session scheduled for MJnday night. FOURTH OF CREEK AREA/ RES: JULY 2. Copies having been distributed to Council and made available to the public, Cripps noted by title only proposed resolution accepting a $4,000,000 grant from the State of Alaska Departrrent of Administration for the Fourth of July Creek Marine Industrial Park, entitled: A Resolution Approving the Receipt of a Municipal Assistance Grant from the State of Alaska for the Fourth of July Creek Industrial Center. It was rroved by Canpbell, seconded by Swartz and unaninously carried by to approve Resolution No. 82-4. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: MARINA SUB: A. February 2, 1982, proposal from South Central Marine for lease of property, located in Marina Subdivision, south of the U. S. Park Service office in the Small Boat Harbor area, was noted. Acting City Manager stated that the property in question was unplatted and had not been appraised but estimated that the annual lease arrount, based on carparable property in the area, would be approximately $0.24 per square foot. Frank Bernard and Charles Collier appeared from the audience to further explain their plans for the land if allov;red to lease it from the City. FOllov;ring a suggestion from the Acting City Manager, Cripps, with Council consent, directed the administration to draft a lease agreerrent for consideration by South Central Marine and the Council and proceed with the scheduling of public hearings on the proposed lease. XII. CITY MANAGER REPORT'S: ELECTRIC: A. January 22, 1982, proposal from Energy and Envirorurent Research Group, Inc. (NRG) for the clean-up of the City's PCB-contaminated transforrrers was noted. Acting City Manager recormended Council approval of the $78,394.12 proposal. Burgess objected to the language in the addendum on Page 6 of the proposal stating that the City would be liable for malfunction of NRG's equiprent during the sieving process. City attorney explained that the addendum could be amended to read ".. .malfunction due to negligence on the part PAGE 337 REGULAR MEETING - FEBRUARY 8, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (Cont'd) ELECTRIC: of the City of Seward...". 0' Brien stated that it had been his (con t ' d) understanding that NRG would bring the level of PCB in the transfonrers to zero at no extra cost to the City, but according to the proposal, they were guaranteeing to bring the levels of PCB to below the EPA minimum requirerrent of 50 ppm. City Engineer SJt1all explained that it was technologically irrpossible to rreasure below 5 ppm, and that NRG did have the capability of bringing the levels that low. Following I discussion, it was rroved by Meehan, seconded by Campbell and unanirrously carried to accept the proposal as presented by Energy and Environrrent Research Group, Inc. as recently a:rrended to read "... not rrore than 5 ppm...", and to change the liability clause, for PCB clean-up in the amount of $78,394.12. SEWAGE TRMT: B. January 14, 1982, letter from Kellogg Corporation and attached contract engagerrent form for review of the City's sewage treatrrent project were noted. Acting City Manager stated that he and City Engineer had rret with representatives of Kellogg on several occasions to discuss the review work that the City was requesting, and this proposal was the result of those rreetings. This contract would allow Kellogg Corp. to evaluate the performmce of the engineer as the construction manager and the adequacy of the engineer's original design of the waste water treatrrent system. Acting City Manager added that the total cost of this review work would be under $6000. Following discussion, it was JrOVed by O'Brien, seconded by Soriano and unanirrously carried to authorize the administration to enter into a contract with Kellogg Corporation for evaluation of the Sewage Treatrrent Plant in an amount not to exceed $6000. OTS/BLDG DEPT: C. January 26, 1982, letter to Rayrrond A. Gillespie, attorney for Ralph Andrews, from the State Fire Marshal's office, granting a 90-day extension for carpliance with the State's order to correct deficiencies in Andrews' Arrrry Store, located on Lots 23 and 24, I Block 16, Original Townsite of Seward, was noted. February 2, 1982, rrerrorandtun from City Attorney outlining City's liability for failure to enforce correction of deficiencies noted by the State and City inspectors in the January 18, 1982, inspection of the building was distributed to Council. Swartz stated that the building in question was a public hazard, adding that even if the owner were forced to dismantle the building, he would still own a very valuable piece of property. Gillespie, appearing fran the audience, stated that he was not prepared to state what Andrews' intentions were. Following discussion, it was JrOVed by O'Brien, seconded by Campbell and carried as follows to table this agenda item until the next meeting after the 90-day extension granted by the State: AYES: Burgess, Campbell, Meehan, O'Brien, Soriano and Cripps Swartz None NOES: ABSENT: FOURTH CREEK AREA: OF JULY D. Acting City Manager noted that an invoice had been received from Ken Wray Printing in the amount of $5,800 for the printing of the first 1000 copies of the Marine Industrial Park brochure. Due to the popularity of the brochure, the administration was now requesting an additional $7,600 for 2000 rrore brochures to be mailed to the citizens of the Seward area and distributed, bringing the total amount being requested to $13,400. Following discussion, it was JrOVed by O'Brien, seconded by Soriano and unanirrously carried to authorize the administration to pay Ken Wray for printing in the stun not to exceed $13,400 for the Fourth of July brochures. I E. Acting City l-1anager stated that he had received a call fran Don Grirres of First Southwest Company, financial advisors asking to meet with the Council for lunch on M::>nday, February 15, 1982. Council , , 'j c) ,.,,~ PAGE 338 REGULAR MEETING - FEBRUARY 8, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (Cont'd) directed Schaefermeyer to arrange for a ti.m2 and place for the lunch with the four Counci:Lmarnbers who would be able to attend. F. Acting City Manager stated that Torkelson-Kellogg had notified the City that representatives of Wheelabrator-Frye and Hyundai Group would be travelling to Seward on February 16, 1982, with Chris Sauer and would like to have lunch with the Council. Acting City Manager was directed by Council to make the arrangerrents for the meeting. XIII. COUNCIL DISCUSSION: BEAR CREEK AREA/ A. January 20, 1982, letter from the Bear Creek Fire Service FIRE DEPT: Area concerning IlU.ltual aid with the City of Seward was noted. February 8, 1982, rrerrorandum from Fire Chief Watsjold was distributed to Council. Cripps, with Council consent, requested the administration to direct a letter to the Bear Creek Fire Service board outlining the City's position as put forth in Watsjold's rrerrorandum, tabling further discussion of this matter pending a reply from Zimrerman or the Bear Creek Fire Service Board. ARR: B. January 28, 1982, letter from Frank Jones of Alaska Railroad concerning dredging of The Alaska Railroad dock area was noted. February 3, 1982, letter to Governor Hanm:md from Wheelabrator-Frye, Inc. was distributed to Council. Cripps read a draft of a letter dated February 8, 1982, addressed to the City Council of the City of Seward from Torkelson-Kellogg stating their opposition to State funding of the proposed dredging of the railroad dock. Campbell stated that both proposals were good ones and that they both were potentially good for Seward, suggesting that the best course for the City at this ti.m2 was to evaluate conrnitrrents and watch what was going on in Juneau. He added that Seward's number one goal was funding for the Fourth of July Creek Marine Industrial Park and that rronies allocated for that project IlU.lst not be diluted to pay for other endeavors. Swartz requested that further discussion of this matter be continued until the February 15, 1982, work session. C. Campbell stated that he felt the response to the public hearing on funding for the hospital had been positive and he looked forward to further discussions at the other scheduled public hearings. D. O'Brien asked when the City could expect delivery of the additional 2000 brochures that had been ordered from Ken Wray Printing. Kerry Martin, appearing from the audience, stated that they should arrive on Friday, February 12, 1982. C MANAGER: E. Burgess stated that he felt the Council should repeal Ordinance No. 505 which had rerroved the language from the Code barring a counci:Lmarnber from being appointed City Manager until at least one year following the expiration of his tenn of office. Following discussion, it was rroved by Burgess, seconded by Cripps and failed to carry as follows to request that the City Attorney draft an ordinance repealing the ordinance in question: AYES: NOES: ABSENT: ABSTAIN: Burgess and Cripps Meehan, 0' Brien, Soriano and Swartz None Campbell Campbell abstained due to the fact that he had applied for the position of City Manager upon City Manager Jolmson' s resignation in Noverrber, 1981. F. Cripps directed the administration to draft a letter for Bill l'tDonald to take to Chris Berg setting forth the City's position PAGE 339 REGULAR MEETING - FEBRUARY 8, 1982 VOLUME 19 XIII. COUNCIL DISCUSSION: (Cont'd) that they should apply for and try to rreet the requirements for a trailer park if they wished to continue with their plans for a construction camp on McDonald's land. G. Cripps reminded everyone that this IIDnth was Heart r-bnth and spoke on various fund raising activities. I XIV. CITIZENS' DISCUSSION: A. Jean Cripps appeared from the audience and asked if the Irn.ltual aid agreement with Bear Creek Fire Service Area included use of the rescue truck. Police Chief Bencardino, appearing fram the audience, stated that he felt the City should have their own rescue equiprrent and not have to depend on Bear Creek in an emergency situation. The cost of purchasing the needed equiprrent was estimated to be around $6000. Acting City Manager agreed to research the matter and report to the Council at the February 22, 1982, regular rreeting. ~. ADJOURNMENT: The rreeting was adjourned at 10:55 p.m., and after a short recess, the Council went into executive session to discuss a personnel matter. TI/.)]J.)lJJ.J.J.;..'-" .,~". --~-<..(-0~~_> ~ ( hi ,( . /" / L. 4/~'-t " Ill). . -~' ~~ld w. Cripps./ -:) -'7 I Mayor I S. Y Deputy City'Clerk (City Seal) ---------~--~-------------------------------------------------------------- PAGE 339 REGULAR MEETING - FEBRUARY 22, 1982 VOLUME 19 I. CALL 'ro ORDER: The February 22, 1982, regular rreeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREM:lNY: flag. Council1rember O'Brien led the pledge of allegiance to the III. ROLL CALL: I Present were: Mayor Cripps; Council1rembers Burgess, ~han, O'Brien and Soriano; and Junior Council1rember Bottcher (Absent with Council consent were Council1rembers Campbell and Swartz) Present also: Acting City Manager Schaeferrreyer, City Attorney Arvidson and Deputy City Clerk Murphy SPOCIAL PRESENTATION: PROCLAMATIONS Mayor Cripps presented resigning City Clerk Shanley with a & TRIBUTES: plaque expressing the City's appreciation for her years of dedicated service. PAGE 340 REGULAR MEETING - FEBRUARY 22, 1982 VOLUME 19 IV. APPROVAL OF MINUI'ES: It was rroved by Soriano, seconded by O'Brien and unanirrously carried by all those present to approve the February 8, 1982, regular meeting minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEEl'ING AGENDA: At the request of the Acting City Manager, it was rroved by Soriano, seconded by ~ehan and unanirrously carried by all those present to meet in executive session imrediately following the close of regular business to discuss a matter relative to the Fourth of July Marine Industrial Park Phase III that might have a financial bearing on the City. Acting City Manager requested the following addition be made to the Consent Calendar: 5. February 17, 1982, letter For information and file to Paul Flask of Wheela- brator-Frye, Inc. from Governor Jay Hanm:md, re- lating to coal export Acting City Manager requested the following item be deleted from the regular meeting agenda: XIII. COUNCIL DISCUSSION: A. January 28, 1982, letter from Frank Jones of Alaska Railroad and February 9, 1982, letter from Chris Sauer of Torkelson-Kellogg, Inc., relating to coal export It was rroved by O'Brien, seconded by Soriano and unanirrously carried by all those present to approve the regular meeting agenda and the consent calendar as amended, and the following actions were taken: ELECTRIC DEPT: 1. January 31, 1982, invoice from Baily and Mason in the arrount of $263.20, for legal services rendered during the rronth of January, 1982, was approved for payment and filed. AIRPORT: 2. The following dOCUll'eIlts relating to air service for the City were noted for information and filed: a. February 2, 1982, proposal of Southcentral Air, Inc. b. December 17, 1981, proposal of Alaska Aeronautical Industries c. February 15, 1982, letter from AAI reviewing proposals made by various carriers d. January 25, 1982, proposal of Valdez Airlines e. February 5, 1982, recorrrrendation filed by Michael J. Rosenberg, in opposition to application as filed by North Pacific Airlines f. January 14, 1982, proposal of Sea Airrrotive, Inc. LOCAL ORGS: 3. Applications for Authorized Ganes of Chance and Skill for Calendar Year 1982, as submitted by Marathon Horremakers and Seward Elks IDdge #1773 were filed without objection. FINANCE DEPT: 4. February 17, 1982, letter from Don Grimes of First PAGE 341 REGULAR MEETING - FEBRUARY 22, 1982 VOLUME 19 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd) FINANCE DEPT: (cont '!d) Southwest Corrpany concerning extension of their present contract was noted and scheduled for the March 22, 1982, regular meeting agenda. ARR: 5. February 17, 1982, letter to Paul Flask of Wheelabrator-Frye, Inc. from Governor Jay HarmDnd relating to coal export was noted for inforrration and filed. I Cripps noted that various proposals from aeronautical industries to provide essential air service witi1 subsidy to the City of Seward had been received and, with Cormcil consent, he requested the administration to draft a letter to the Civil Aeronautics Board stating that the City does desire regularly scheduled air service and further requesting that a speedy decision be made by the board. VI. BOROUGH ASSn-TI3LY REPORT': Kenai Peninsula Borough Assembly Representative Darryl Schaefenreyer gave a verbal report on the Assembly meeting of February 16, 1982. VII. PUBLIC HEARINGS: SGH/FINANCE A. Notice of Public Hearing as published one tirre in the DEPT: local newspaper and posted was noted and the public hearing was opened. Cripps noted that this public hearing was one in a series of public hearings and work sessions held with the hospital board to detennine a means of assuring financial support for Seward General Hospital. City Attorney described the mechanics for initiating a sales tax and stated that the tax would have to be cCXlrdinated with the Kenai Peninsula Borough since collection of the tax would be a Borough frmction. He I went on to explained that while the financial problems facing the hospital were the impetus for imposing a sales tax, the State Constitution prohibits dedication of revenues for any purpose. Therefore, any tax collected would have to go into the General Fund and appropriated to the hospital as needed. Raynond Hugli appeared fran the audience and questioned the projected loss of $400,000 and asked if this figure included the $250,000 in revenue sharing the hospital was to receive from the Legislature this year. Acting City Manager explained that the hospital would probably receive only 80-90 percent of the proposed $250,000 revenue sharing due to a shortage of State frmds. John Lohse, president of the Seward General Hospital Board, stated that the $400,000 figure did not take the revenue sharing into accormt, but even with the revenue sharing, the hospital would still be faced with a deficit of approximately $150,000. Hugli questioned why it was necessary to impose a sales tax at this tirre to finance the hospital when, in past years, the City has subsidized the hospital with m:mies from the Contingency Fund. Lohse explained that while the City has lTI311aged to give enough each year to meet expenses, the hospital has been rmable to update its equipnent or bring salaries for its errployees in line with the current State average. Hugli stated that if a tax was necessary to finance the hospital, he was in favor of a property tax as opposed to a sales tax since the property tax would be easier to initiate and would be budgetable. He added that possibly the problem was a hospital tCXl large for Seward, suggesting that we start over with sarrething smaller and rrore in line with what Seward needs. Ethel I Bottcher appeared from the audience and stated that due to licensing requirerrents, the hospital would not be able to cut its staff or expenses even if it were smaller. Burgess questioned the need for additional support in light of a $120,000 increase in State Revenue Sharing this year. Lohse explained that the figures presented had been set out by the hospital's auditor. Robert Leary appeared from the audience and spoke in favor of a sales tax, explaining that although he lives outside the City limits, he is a potential user of the hospital and would like an opportrmity to support it. He then suggested that the sales tax might be rrore palatable if a tirre limit were put on it. There ", '.- /_, PAGE 342 REGULAR MEETING - FEBRUARY 22, 1982 VOLUME 19 VII. PUBLIC HEARING: (Cont'd) being no further comrents from the audience, the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) RADIO STATION: A. Hank LaDuke, general rrenager of KRXA Radio station, appeared from the audience and outlined his proposal for broadcasting City Council I1'eetings and providing public information on crirre and alcohol and drug abuse. Soriano suggested that Council study the proposal and perhaps include it in the upcoming budget. Cripps, with Council consent, stated that the Council would consider this proposal at a later date. RECESS: p.m. The I1'eeting was recessed at 8:43 p.m. and reconvened at 8:53 IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: SGH/FINANCE 1. Copies having been made available to the public and DEPT: distributed to the Council, Cripps noted by title only proposed ordinance providing for a one percent sales tax for the financial support of Seward General Hospital, entitled: An Ordinance of the City of Seward, Alaska, Adopting Sales Tax Soriano explained that the hospital has been operating with a deClining efficiency due to a lack of funds. He went on to state that a Councilmember would be appointed to the hospital board to overview the spending of the rronies appropriated and further that this appropriation would be periodically reviewed; when the need for subsidy no longer existed, the sales tax would be abolished. City Attorney stated that he had sent a draft of the proposed ordinance to the Borough Attorney and would be rreeting with him prior to the March 8, regular rreeting to draft needed arrendments. O'Brien cormented that he felt the sales tax was the rrost equitable way to fund the hospital. Following discussion, it was rroved by Soriano, seconded by O'Brien and unanirrously carried by all those present to introduce proposed Ordinance Nurrber 507. Public Hearing was set for the March 8, 1982, regular rreeting. B. Ordinances for Public Hearing and EnactIrent: None C. Resolutions: ELECTRIC DEPT: 1. Copies having been made available to the public, Cripps noted by title only proposed resolution increasing the electrical rates by approximately sixteen percent, entitled: A Resolution Establishing Rates for Electric Power. Following discussion, it was rroved by O'Brien, seconded by Soriano and unanirrously carried by all those present to adopt Resolution No. 82-5. LEGISLATIVE REPS: 2. Cripps noted by Scenic Viewpoint, Copies having been made available to the public, title only proposed resolution designating Kerttula entitled: A Resolution of the City Council of the City of Seward, Alaska, Designating Kerttula Scenic Viewpoint. LEG. REPS: (cont'd) tINANCE PAGE 343 REGULAR MEETING - FEBRUARY 22, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) Acting City Manager stated that the purpose of this resolution was to extend the City's appreciation to Senator Kerttula for his assistance in making the Fourth of July Marine Industrial Center a reality, noting that, due to reapportionment, Senator Kerttula would not be representing Seward after this year. Following discussion, it was rroved by Soriano, seconded by Meehan and unanirrously carried by all those present to adopt Resolution No. 82-6. DEPT: 3. Copies having been made available to the public, Cripps noted by title only proposed resolution authorizing signatures on the City maintained bank account, entitled: A Resolution Authorizing Signatures for the City Bank Account and Rescinding All Previous Resolutions in Conflict Herewith. Acting City Manager noted that the signature changes were necessitated by the resignation of City Clerk Shanley. Following discussion, it was rroved by Meehan, seconded by O'Brien and unanirrously carried by all those present to adopt Resolution No. 82-7. CITY CLERK: 4. Copies having been made available to the public, Cripps noted by title only proposed resolution appointing the City Clerk and setting the salary, entitled: I SCHOOLS/ BUDGET: I A Resolution Appointing the City Clerk/ Personnel Officer and Rescinding All Prior Resolutions in Conflict Herewith. January 28, 1982, rnerrorandurn from resigning City Clerk Shanley, re=mending a starting salary of $2,674 per rronth, was noted. Acting City Manager noted that the City Clerk position was unclassified and that salary IlDlst be set by Council, adding that he concurred with Shanley's recOIlID2ndation. Following discussion, it was rroved by Meehan, seconded by Soriano and unanirrously carried by all those present to adopt Resolution No. 82-8, with a reduction of 15 percent in rrerit increases, setting the salary at $2,674 per rronth. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: None XII. CITY MANAGER REPORI'S: A. Acting City Manager stated that he had been asked at the February 8, 1982, regular rreeting to research possible funding sources for the proposed high school sign. He stated that he had contacted Gregg M::Jo, principal of Seward High School, and had been assured that the school would take care of installation and maintenance of the sign. He added that the cost of the sign, to be purchased from Alaska Sign and Lighting, would be $4,080, but this would not include the cost of the rrovable letters or the letter changer. Junior Counci1.rrember Eottcher stated that the letters and letter changer could be purchased from the rroney gift the senior class was making to the high school. In response to a question from Meehan, Acting City Manager stated that there was rroney available in the Council Contingency Fund to cover the cost of the sign. O'Brien stated that it was not a city governrrent function to fund school activities, adding that he hoped the Council would not get this type of request in the future. Following discussion, it was rroved by Meehan, seconded by O'Brien and unanirrously carried by all those present to fund the purchase of the sign out of the Council Contingency Fund in an arrount not to exceed $4,080. :1:( t PAGE 344 REGULAR MEETING - FEBRUARY 22, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (Cont'd) FIRE DEPT: B. A list of estimated prices for a rescue vehicle and equipment as carpiled by Fire Chief Watsjold and distributed to Council was noted. Acting City Manager stated that the cost of such a vehicle and equipment would be approximately $45,000, and he would not recamend the purchase of these items at this tirre, noting that the City would soon have to expand the present fire station facility and purchase additional equipment. He added that the City now has a fully executed mutual aid agreerrent with Bear Creek Fire Service Area, making their equipment available to the City when needed. O'Brien suggested that this agenda item be set aside until July when Municipal Assistance Funds are received. MARINA SUB: C. Acting City Manager reported that, after reviev;ring their proposal for lease of property south of the U. S. Park Service Office in the Small Boat Harbor, he had submitted a request to South Central Marine asking that they provide a letter from their bank stating what kind of security the bank would require before granting their loan request. He added that he had a scheduled rreeting with the principals of South Central Marine on Tuesday, February 23, and would continue his research of this agenda item. D. Acting City Manager stated that City Manager Johnson was doing well and was due back in Seward by March 1. XIII. COUNCIL DISCUSSION: A. stated that a ordinance. In response to a question from 0 I Brien, City Attorney sales tax could be abolished with the enactrrent of an B. Soriano reported that he had attended the Alaska Coal Conference at the Anchorage Westward Hilton 'iilong with Council1rembers Burgess and Swartz and Acting City Manager Schaefenreyer. He stated that Seward had been rrentioned favorably by the Alaska Railroad, Wheelabrator-Frye, SUnFel and others as well suited for the exportation of coal, and that he was confident that coal would be coming through Seward in the near future. XIV. CITIZENS' DISCUSSICN: A. JoAnne Shanley appeared from the audience and thanked Council for the support and latitude they had shown her over the past five years. XY. ADJOURNMENT: The neeting was adjourned at 9:33 p.m., and after a short recess, the Council went into executive session to discuss a matter relative to the Fourth of July Marine Industrial Center Phase III that might have a financial bearing on the City. PAGE 345 REGULAR MEETING - MARCH 8, 1982 VOLUME 19 I. CALL TO ORDER: The March 8, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Swartz led in the pledge of allegiance to the flag. I III. ROLL CALL: Present were: Mayor Cripps; Counci1members Burgess, Meehan, Soriano and Swartz; and Junior Councilmember Bottcher (Absent, with Council consent, were Councilmembers Campbell and O'Brien) Present also: Acting City Manager Schaefermeyer, Attorney Arvidson, City Clerk Deputy City Clerk Reynolds City Murphy, and PROCLAMATIONS: PROCLAMATIONS & TRIB: Clerk Older The Proclamation having been read aloud to the public by City Murphy, Mayor Cripps proclaimed March 14-20, 1982, "Employ the Worker Week". IV. APPROVAL OF MINUTES: carried meeting It was moved by Meehan, seconded by Soriano and unanimously by all those present to approve the February 22, 1982, regular minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: I At the request of the Acting City Manager, it was moved by Soriano, seconded by Swartz and unanimously carried by all those present to hold an executive session immediately following the close of regular business to discuss a legal matter. Acting City Manager requested the following additions be made to the regular meeting agenda: IX. ORDINANCES AND RESOLUTIONS: C. Resolutions: 1. Proposed Resolution No. 82-10, amending City of Seward Resolution No. 81-51, identifying capital projects and the amount allocated to each project 2. Proposed Resolution NO. 82-11, making an appropriation from the Mayor and Council Contingency Fund to the General Services Fund for the purchase of a 1979 Suburban for Seward Life Action Council I XII. CITY MANAGER REPORTS: D. Observance of Seward Day Acting City Manager requested the deletion of the following items from the regular meeting agenda: XII. CITY MANAGER REPORTS: B. March 2, 1982, memorandum from City Engineer Small and February 17, 1982, letter from R & M consultants concerning professional services agreement relating to Fourth of July Marine Industrial Center Phase III and Marathon Hydroelectric construction efforts ~ . PAGE 346 REGULAR MEETING - MARCH 8, 1982 VOLUME 19 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd) C. March 2, 1982, memorandum from City Engineer Small and February 12, 1982, letter from Century/Quadra concerning professional services agreement relating to the Fourth of July Marine Industrial Center Phase III construction effort Following discussion, it was moved by Soriano, seconded by Burgess 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: C ATTORNEY: FINANCE DEPT: AIRPORT: AK, STATE OF: ARR: 1. February 17, 1982, invoice from Hughes, Thorsness, Gantz, Powell and Brundin for legal services rendered in the month of January, 1982, totalling $13,582.85, was approved for payment and filed. 2. February 19, 1982, invoice from Hughes, Thorsness, Gantz, Powell and Brundin for legal services rendered in the matter of Seward Chapel v. City of Seward during the month of January, 1982, totalling $1,320, was approved for payment and filed. 3. Finance Department's list of accounts payable for January, 1982, totalling $564,738.33, was approved for payment and filed. 4. February 26, 1982, application of Yukon to amend its Certificate of Public Necessity was noted for information and Air Service, Convenience filed. Inc. and 5. February 18, 1982, letter from T. R. Fleming, State Department of Transportation and Public Facilities, relating to the proposed small boat harbor construction at LaTouche Island was noted for information and filed. 6. February 12, 1982, letter from Senator Ted Stevens regarding conveyance of railroad land to Chugach Natives, Inc. was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough representative Darryl Schaefermeyer gave a verbal report of the Borough Assembly meeting of March 2, 1982. VII. PUBLIC HEARINGS: VIII. None. CITIZENS' DISCUSSION: LOCAL ORGS: A. Ronald R. Reding, Executive Director of Seward Life Action Council (SLAC), appeared from the audience and requested Council approval of a resolution in support of the mental health program currently offered to Seward residents by SLAC. He stated that the Department of Health and Social Services had proposed the deletion of the Seward mental health program, along with six other programs statewide, due to budget cuts recommended by the legislature. Reding stressed the importance of this service to the community and urged Council and the public to support SLAC' s efforts to obtain adequate funding to insure the continuation of their mental health program at a quality level. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None. PAGE 347 REGULAR MEETING - MARCH 8, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) B. Ordinances for Public Hearing and Enactment: SGH/FINANCE DEPT/ORD: 1. Copies having been made available to the public, Cripps noted by title only proposed ordinance adopting a one percent sales tax, entitled: I An Ordinance of the City of Seward, Alaska, Adopting Sales Tax. "Notice of Public Hearing on Proposed City Ordinance" as published once in the local newspaper and posted, was noted, and the public hearing was opened. It was noted that although the sales tax could not be dedicated to the hospital, the revenues from the sales tax were needed to assure future financial support for Seward General Hospital. John Lohse, President of the Seward General Hospital Board, appeared from the audience and explained that in Fiscal Year 1981, the hospital had lost $153,000 and the loss proj ected for this year was $400,000, adding that salary increases each year accounted for a major portion of the hospital's deficit. Ron Lewis appeared from the audience and spoke against the proposed sales tax, commenting that other avenues, such as consolidating with Wesleyan Nursing Home, should be explored before instituting a new tax. Lohse explained that the hospital board had explored a number of avenues, and that while consolidation with Wesleyan had not been considered, Seward General does share programs and costs with Wesleyan when possible. No one else appeared from the audience at this time to be heard, and the public hearing was closed. Cripps noted that the final decision on the proposed sales tax would have to be made by the people, adding that a special election would be called if the ordinance were enacted. Following discussion, it was moved by Soriano, seconded by Swartz, and carried as follows to enact Ordinance No. 507: I AYES: NOES: Absent: Abstain: Burgess, Meehan, Soriano and Swartz None Campbell and O'Brien Cripps Cripps noted that he had abstained on the advice of the City Attorney since he is a contract employee of Seward General Hospital. RECESS: The meeting was recessed at 8:10 p.m.; reconvened at 8:17 p.m. C. Resolutions: LOCAL ORGS/RES: Cripps health 1. Copies having been made available to the public, noted by title only proposed resolution in support of the mental program offered by Seward Life Action Council, entitled: A Resolution of the City Council of the City of Seward, Alaska, in Support of Seward Life Action Council's Mental Health Program. It was moved by Meehan, seconded by Burgess and unanimously carried by all those present to adopt Resolution No. 82-9. BUDGET/RES: 2. Copies having been distributed to Council and made available to the public, Cripps noted by title only proposed resolution amending City of Seward Resolution No. 81-51, entitled: I A Resolution Amending City of Seward Resolution No. 81-51, Identifying the Capital Projects and the Amount Allocated to Each Project in Accordance with HCS CSSB 168 (Finance) 1981 Session. March 5, 1982, memorandum from Acting City Manager was noted. Acting City Manager explained that when the funds for the capital projects were allocated in Resolution No. 81-51, the City had no cost allocation plan to recover administrative overhead on the various capital projects being administered by the City. Now that such a plan , .'\ PAGE 348 REGULAR MEETING - MARCH 8, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) exists, it would be necessary to reallocate the $986,005 to include administrative overhead for each project; thus the need for this resolution. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried by all those present to adopt Resolution No. 82-10. LOCAL ORGS/BUDGET/ 3. Copies having been distributed to Council and made RES: available to the public, Cripps noted by title only proposed resolution providing for the funding of a 1979 Suburban for Seward Life Action Council, entitled: A Resolution Making an Appropriation from the Mayor and Council Contingency Fund to the General Services Fund, Seward Life Action Council, for the Purpose of Funding the Purchase of a 1979 Suburban. Acting City Manager noted that the City of Seward, Seward General Hospital and Seward Life Action Council were the recipients of several vehicles purchased through the Alaska Surplus Property Service. Seward Life Action Council (SLAC) was requesting $1300 from the City for the purchase of a 1979 Suburban from Alaska Surplus Property Service in exchange for the return to the City of the 1974 Chevrolet station wagon which the City had previously donated to SLAC. Following discussion it was moved by Soriano, seconded by Burgess and unanimously carried by all those present to adopt Resolution No. 82-11. X. UNFINISHED BUSINESS: None. XI. NEW BUSINESS: None. XII. CITY MANAGER REPORTS: WATER DEPT: A. March 2, 1982, memorandum from City Engineer Small concerning professional service agreement with Ottwater Engineering for engineering services related to the Marathon Hydroelectric construction effort was noted. Acting City Manager noted that copies of the proposed agreement for services on an as-needed basis in an amount not to exceed $46,008, had been distributed to Council. Burgess questioned the need for such an agreement, stating that the City Engineering Department should be able to complete this proj ect in-house. Soriano countered that the City Engineer had explained at an earlier meeting that engineering services would be contracted on an as-needed basis with Ottwater in case something came up that could not be handled by the City's Engineering staff, adding that this agreement would maintain Ottwater's contractual liability. Following discussion, it was moved by Soriano, seconded by Meehan and unanimously carried by all those present to approve the agreement for professional services between the City of Seward and Ottwater Engineers for a sum not to exceed $46,008, for the Mount Marathon Hydroelectric Project. B. Deleted. C. Deleted. PERSONNEL: D. Acting City Manager requested Council approval for the City Service to observe Seward Day on Monday, March 29, rather than on Tuesday, March 30, thus giving the City employees a three-day weekend. He noted that the State offices were observing the holiday on Monday, March 29, 1982, and would be closed for business on that day. Following discussion, it was moved by Burgess, seconded by O'Brien and unanimously carried by all those present to change the observance of Seward Day to Monday, March 29, 1982. PAGE 349 REGULAR MEETING - MARCH 8, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (Cont'd) FOURTH OF JULY E. Acting City Manager noted that Councilmember Campbell and CREEK AREA/ Police Chief Bencardino were in Juneau at the request of Senator Ray to ARR: attend a meeting to discuss variabilities of coal export from the Port of Seward. Also attending the meeting would be representatives from Torkelson-Kellogg, Whee1abrator-Frye, Sun-Eel and the Alaska Railroad. PARKS I & REC: F. Acting City Manager stated that he had been advised by the Department of the Army that their lease of Tract A, U. S. Survey No. 242, from the State of Alaska was due to expire in two years. The State had informed the Army that a long-term lease could only be negotiated after putting the lease out to public bid, and the Army was prohibited from being involved in this type of bidding procedure. Furthermore, the Army is interested in replacing the quonset huts now in use at the Army Recreation Camp with permanent structures, but funding will not be appropriated for the construction of these structures until such time as the Army is able to obtain a long-term lease on the property. The Army is now requesting that the City acquire the property from the State and enter into a lease agreement with the Department of the Army that would allow for funding of permanent structures for the Rec Camp. Acting City Manager went on to explain that the City had attempted to acquire this piece of property two years ago under the Municipal Land Entitlement Act, but the State had rejected the application on the grounds that this land was not classified General Selection Land and could only be acquired under a restrictive deed. He added that the Division of Lands has now indicated that they would be willing to transfer title to the land to the City with no restrictions at this time, and that he was requesting the Council's permission to pursue acquisition of this property from the State. Following discussion, Cripps, with Council consent, urged the administration to continue in its pursuit of acquisition of Tract A, U. S. Survey No. 242. I C CLERK: XIII. COUNCIL DISCUSSION: A. March 2, 1982, memorandum from City Clerk concerning appointment of Deputy City Clerk was noted. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried by all those present to approve the appointment of Marilyn Reynolds as Deputy City Clerk for the City of Seward. B. Soriano suggested that the City go on record endorsing the proposed construction of a small boat harbor at LaTouche Island. Burgess disagreed, stating that the City should stay out of the matter. Cripps, with Council consent, advised the administration send a letter to T. R. Fleming of the Department of Transportation and Public Facilities expressing the City's interest in the project and requesting that the City be kept advised of the progress of same. C. In response to a question from Burgess, Acting City Manager stated that the decision as to who should attend various meetings and conferences around the State is usually left to Council. He went on to explain that occasionally, when a decision must be made immediately, there is no time to take the matter to Council, and at those times, the decision is made by the City Manager or the Acting City Manager. I D. Johnson--he soon. Cripps stated that he had talked to City Manager is feeling and looking well and intends to resume working XIV. CITIZENS' DISCUSSION: ELECTIONS/ FINANCE DEPT / SGH: A. John Lohse appeared from the audience and asked when the special election on the imposition of the one percent sales tax would be held. City Clerk advised that the election would be scheduled for Tuesday, April 20, 1982. In response to a question from Ron Lewis, Cripps noted that if the ballot proposition failed to pass, the City and the hospital board would have to explore other avenues for funding for the hospital. PAGE 350 REGULAR MEETING - MARCH 8, 1982 VOLUME 19 XV. ADJOURNMENT: The meeting was adj ourned at 9: 15 p.m. and, after a short recess, the Council went into Executive Session to discuss a matter relative to the Sewer project concerning possible litigation. ( < /(;,/- 'L'w-r.' ./ fJa.) . /p & /, ltC, /) Donald W. Cripps Mayor PAGE 350 REGULAR MEETING - MARCH 22, 1982 VOLUME 19 1. CALL TO ORDER: The March 22, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Counci1member Burgess led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps; Councilmembers Burgess, Campbell and Soriano (Absent, with Council consent, were Councilmembers Meehan, O'Brien and Swartz and Junior Councilmember Bottcher) Present also: City Manager Johnson, Assistant City Manager Schaefermeyer, City Attorney Arvidson and City Clerk Murphy IV. APPROVAL OF MINUTES: carried meeting It was moved by Soriano, seconded by Burgess and unanimously by all those present to approve the March 8, 1982, regular minutes as written. v. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following item be added to the regular meeting agenda: XIII. COUNCIL DISCUSSION: B. March 22, 1982 memorandum from Councilmember Meehan requesting support of SB 795 at Tele- conference scheduled for March 24, 1982 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 the consent calendar as presented, and the following actions were taken: PAGE 351 V. C ATTORNEY: FINANCE DEFT: I AK., STATE OF: SGH: SISTER PORT: ELECTRIC DEPT: AIRPORT: REGULAR MEETING - MARCH 22, 1982 VOLUME 19 APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd) 1. March 12, 1982, invoice from Hughes, Thorsness, Gantz, Powell and Brundin totalling $16,115.29, for legal services rendered in February, 1982, was approved for payment and filed. 2. March 5, 1982, Finance Department's list of accounts payable totalling $596,563.29, was approved for payment and filed. 3. March 15, 1982, letter to T. R. Fleming regarding proposed small boat harbor on LaTouche Island was noted for information and filed. 4. HB 844, relating to facility improvements information and filed. the and financing of maintenance, rural health was noted for 5. February 24, 1982, letter from the Mayor of Kushiro, Japan, relating to proposed "Sister Port Relationship", was noted for information and filed. 6. March 15, 1982, Notice of Utility Tariff Filing, relating to tariff reV1Slons as requested by Chugach Electric Association, Inc., was noted for information and filed. 7. March 3, 1982, Opposition to Convenience and filed. Response to North Pacific Airlines to Application for Certificate of Public Necessity, was noted for information and VI. BOROUGH ASSEMBLY REPORT: I Kenai Peninsula Borough Representative Darryl Schaefermeyer stated that he had not attended the March 16, 1982, Borough Assembly meeting, but gave a brief verbal report of action taken at the meeting. VII. PUBLIC HEARINGS: VIII. HARBOR: None CITIZENS' DISCUSSION: (With prior notice only) A. Stanley McGrorty, President of Unifuels, Inc., appeared from the audience and requested Council's permission to enter into discussion with the administration concerning licensing for use of the fuel dock. Campbell noted that the present fuel dock facility was not large enough to accommodate another supplier, adding that a commitment could not be made until the City had firm plans for the proposed new fuel dock. Cripps, with Council consent, encouraged McGrorty to enter into a dialog with the City administration, stating that a decision could not be made until Council had more information. FINANCE DEPT: B. Don Grimes of First Southwest Company appeared from the audience and requested a two year extension of their now expired 1979 contract for financial advisory services. Cripps, with Council consent, asked Grimes to submit his proposal to the City Administration and directed the City Manager to report back to Council upon receipt of same. I IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None (.\ i-.~: () J.J.....J PAGE 352 REGULAR MEETING - MARCH 22, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: FOURTH OF JULY CREEK/ 1. Copies having been made available to the public, RES: Cripps noted by title only proposed resolution awarding a contract to Chris Berg for a portion of the Seward Marine Industrial Center Phase III, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING TO CHRIS BERG, INC. A CONTRACT FOR A PORTION OF PHASE III, ALTERNATE NUM- BER ONE, SEWARD MARINE INDUSTRIAL CENTER. City Manager noted that the City had received grant monies sufficient to complete Alternate Number One of the original contract with Chris Berg, but that until the City was assured of more money forthcoming from Juneau, a portion of the funds received should be set aside for installation of the shiplift. Therefore, the Administration was recommending completion of south breakwater cells number 9 through 16. Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried by all those present to adopt Resolution No. 82-12. PARKS & RES: REe/ 2. Copies having been made available to the distributed to Council, Cripps noted by title only proposed officially naming Exit Glacier, entitled: public and resolution A RESOLUTION REQUESTING THE OFFICIAL NAMING OF EXIT GLACIER. City Manager noted that Exit Glacier had never been officially named by the U. S. Board on Geographic Names and that this official naming was necessary if Exit Glacier was to be so designated on maps authorized by the federal government. Following discussion, it was moved by Soriano, seconded by Burgess and unanimously carried by all those present to adopt Resolution No. 82-13. X. UNFINISHED BUSINESS: FIRE DEPT/ OTS: A. March 9, 1982, letter from Fire Marshal Schalk concerning Andrews' Army Store was noted. City Manager recommended that Council concur with the provisions set forth by the State, allowing the building to be used for warehouse purposes only. City Attorney added that Council could accept these provisions conditionally, giving a reasonable time for Andrews to comply with the State's recommendations, and reserving the right to enforce City Ordinances at a future date if the City should later deem the building hazardous. It was moved by Campbell, seconded by Soriano and unanimously carried by all those present to go along with the State's recommendations as related to the use of Andrews' Army Store as a warehouse facility. XI. NEW BUSINESS: None XII. CITY MANAGER REPORTS: FOURTH CREEK/ WATER DEPT: OF JULY A. March 2, 1982, memorandum from City Engineer Small and February 17, 1982, letter from R & M Consultants concerning professional services agreement relating to the Fourth of July Creek Marine Industrial Center Phase III and Marathon Hydroelectric construction efforts were noted. City Manager noted that the proposed contract provided for soils inspection services to be rendered on an as needed basis as directed by the City's project engineer, adding that this was a budgeted item. Following discussion, it was moved by Campbell, seconded by Soriano and unanimously carried by all those present to approve the contract with R & M Consultants in an amount not to exceed $50,000 for inspection services for the Fourth of July Marine Industrial Center and the Marathon Hydroelectric project. FOURTH OF CREEK: I ISGH: KPB: (ARKS & PAGE 353 REGULAR MEETING - MARCH 22, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (Cont'd) JULY B. March 2, 1982, memorandum from City Engineer Small and February 12, 1982, letter from Century IQuadra concerning professional services agreement relating to the Fourth of July Creek Marine Industrial Center Phase III construction were noted. City Manager noted that this contract would provide for shop drawing review and engineering consultation on an as needed basis, adding that this was a budgeted item. In response to a question from Cripps, City Manager stated that he was satisfied that the City was receiving full value from Century/Quadra. Following discussion, it was moved by Soriano, seconded by Campbell and unanimously carried by all those present to authorize the administration to enter into an agreement with Century/Quadra in an amount not to exceed $48,000 for shop drawing review and engineering consultation as stated in the February 12, 1982, letter. C. City Manager reported that he had received a verbal proposal from an individual interested in leasing land in the small boat harbor for construction of a supermarket. Council agreed that they were not opposed to a supermarket locating in Seward, but they were not willing to lease property in the small boat harbor for that purpose. Cripps, with Council consent, directed the City Manager to advise the individual in question that Council would be amenable to the location of a supermarket in some other area of the City. D. City Manager noted that he had met with Borough Mayor Thompson to discuss the proposed outdoor sports complex to be built in Seward. He stated that Thompson indicated that a cooperative effort with the City and the School would be the ideal way to proceed, and with this in mind, the City staff was preparing a master plan to be presented to Council at a later date. XIII. COUNCIL DISCUSSION: A. Campbell noted the Summary of Seward General Hospital facility as provided by the State's consultants outlining their recommendations for either extensive remodeling of the present facility or the construction of a new hospital. He also noted copies of HB 844 which had been included as Consent Calendar item number 4, relating to the financing of rural health facility improvements and maintenance. In answer to a question posed by Burgess at an earlier meeting, Campbell stated that the State had mandated the joint use of certain facilities and spaces with Wesleyan Nursing Home as well as the inclusion of other health care specialists and facilities such as the public health and possibly mental health and alcohol and drug abuse centers. In response to a question from Cripps, Campbell noted that these recommendations would not affect the April 20, ballot proposition, adding that these State projections were long-term and not expected to culminate for four to five years. B. Campbell noted that Seward no longer has a representative on the Borough Resource Development Commission and suggested that rather than wait for Borough Mayor Thompson to appoint another representative, Council should appoint someone. Following a recommendation from City Manager, it was moved by Campbell, seconded by Soriano and unanimously carried by all those present to nominate Kerry Martin as the Resource Development Commission representative for Seward. REC: C. March 22, 1982, memorandum from Councilmember Meehan requesting support of SB 795 at the March 24 Teleconference was noted. City Manager explained that SB 795 provided for the setting aside of an amount equivalent to $20 per capita to fund outdoor recreational programs. Cripps, with Council consent, directed the City Manager to have Recreation Director Noble attend the scheduled Teleconference and voice Council's support of SB 795. SISTER CITY/ D. Cripps noted that the Seward High School Band and Chorus SCHOOLS:' had received a donation of $5,000 from the City of Obihiro to help fund their scheduled trip to Japan this summer. He suggested that the City of Seward reciprocate with a like donation. Bob Richardson and Dale Lindsey appeared from the audience and spoke in support of a donation of I I ~.~: ,t PAGE 354 REGULAR MEETING - MARCH 22, 1982 VOLUME 19 XIII. COUNCIL DISCUSSION: (Cont'd) SISTER CITY/ SCHOOLS: (cont'd) this sort. Richardson added that rather than donate the money directly to the fund itself, Council could put the monies into the Exchange Program with a provision that the Band and Chorus could use what was needed to complete the financing for their trip. Following discussion, it was moved by Cripps, seconded by Burgess and unanimously carried to commit $10,000 to the Exchange Program to be used in conjunction with the Band's trip and such other exchange activities as needed. E. Burgess requested a report on the City's trade mission to Japan and Korea. City Manager stated that such a report was being prepared and would be presented to Council and any other interested groups when completed. F. Cripps noted that he would be advocating the formation of a port commission at the April 12, 1982, regular meeting, adding that with all of the port-related activity going on in Seward, such a commission was needed. G. In response to a question from Burgess, Campbell stated that he had attended Senator Ray's hearing on coal development in Seward at the request of the City Manager. He added that also in attendance were Frank Jones of the Alaska Railroad and four representatives of SunEel. He stated that he had testified that while Seward is definitely interested in exporting coal from its port, the City's first priority at this time is completion of the Marine Industrial Center at Fourth of July Creek. The City, therefore, could not support anything that would take funding away from the Fourth of July Creek project. He went on to say that the outcome of the hearing was that SunEe1 and Alaska Railroad would have to provide their own funding for dredging of the railroad dock. SISTER CITY: H. Cripps directed the City Clerk to draft a letter to Obihiro Mayor Tamoto expressing the City's concern for the welfare of the citizens of Obihiro following the recent earthquake in Japan. XIV. CITIZENS' DISCUSSION: No one appeared from the audience at this time to be heard. xv. ADJOURNMENT: meeting was adjourned at 8:50 p.m. ( ) I;l ;;;:' , 1 ~'-li;]J!/I(l l ?)/{ ') Donald W. Cripps Mayor ~---- PAGE 355 SPECIAL MEETING - APRIL 5, 1982 Volume 19 I. CALL TO ORDER: The April 5, 1982, special meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: I Counci1member Meehan led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Donald W. Cripps Burgess, Campbell, Meehan, (Absent, with Council Councilmember Soriano) and Councilmembers 0' Brien and Swartz consent, was Present also: City Manager Johnson and City Clerk Murphy IV. SPECIAL ITEM: I ELECTRIC DEPT: A. March 31, 1982, letters to City Manager Johnson and Chugach Electric Association (CEA) Executive Assistant, James Anderson, from Julian L. Mason of Baily & Mason were noted. City Manager gave a brief overview of the history of the City's relationship with CEA since 1960, adding that the City's contract with CEA for electric power had expired in 1972. He further stated that since assuming the City Manager position in 1977, he had been trying to negotiate a contract with CEA without success. City Manager went on to explain that the City had received true-up billings from CEA in August 1981 and in March 1982 totalling $250,559, adding that Chugach Electric had threatened to shut off power to Seward if these past due bills were not paid by April 15. He noted that this figure included what was thought to be a $34,000 overpayment made by the City of Seward but did not include a $169,000 charge for Substation addition costs which the City is disputing. Following discussion, it was moved by Swartz, seconded by Campbell and unanimously carried by all those present to authorize the City Manager to pay to Chugach Electric a sum not to exceed $250,559, for true-up bills to Chugach Electric. V. ADJOURNMENT: The meeting was adjourned at 7:28 p.m. '\ /i / , . i /..' "I" (/ / '- ,-,/,(,-/Vt" ( V), Donald W. Cripps / Mayor ..~ (City Seal) --------~r~~~----------------------------------------------------------- . .', ".("t?-". I PAGE 356 REGULAR MEETING - APRIL 12, 1982 VOLUME 19 I. CALL TO ORDER: The April 12, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice Mayor C. Keith Campbell. II. OPENING CEREMONY: Councilmember Soriano led the pledge of allegiance to the flag. I II. ROLL CALL: Present were: Vice Mayor Campbell and Councilmembers Burgess, Meehan and Soriano (Absent, with Council consent, were Mayor Cripps, Councilmembers 0' Brien and Swartz, and Junior Councilmember Bottcher Present also: City Manager Johnson, Assistant City Manager Schaefermeyer, City Attorney Arvidson and City Clerk Murphy IV. APPROVAL OF MINUTES: It was moved by Soriano, seconded by Meehan and unanimously carried by all those present to approve the minutes of the March 22, 1982, regular meeting and the April 5, 1982, special meeting as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested an executive session immediately following the close of regular business to discuss a legal matter relative to proposed Resolution No. 82-18, authorizing the City Manager to negotiate the settlement of claims arising from the failure of two of the City's pump stations. It was so moved by Soriano, seconded by Burgess and unanimously carried by all those present. City Manager requested the following additions be made to the regular meeting agenda: IX. ORDINANCES AND RESOLUTIONS: A. Resolutions: 1. Proposed Resolution No. 82-18, authorizing the City Manager to negotiate the settlement of claims arlslng from the failure of two of the City's pump stations XII. CITY MANAGER REPORTS: J. Restrooms contract K. Change Order No.2 from Elling Halvorson, Inc., relative to the Marathon Hydro Electric Project L. Purchase of a new grader M. April 9, 1982, letter from John Woodruff, Seward Fisheries, requesting approval to erect two 1000 barrel fuel tanks XIII. COUNCIL DISCUSSION: A. April 6, 1982, letter from Commissioner Bernard N. Ikerd, tendering his resignation from the Seward Advisory Planning and Zoning Commission It was moved by Soriano, seconded by Meehan and unanimously carried by all those present to accept the regular meeting agenda as amended and the consent calendar as presented, and the following actions were taken: PAGE 357 V. FINANCE DEPT: ABCB: I LOCAL ORGS: ELECTRIC DEPT: ELECTRIC DEPT: ARR: AIRPORT: REGULAR MEETING - APRIL 12, 1982 VOLUME 19 APPROVAL OF CONSENT CALENDAR & REGULAR MEETING AGENDA: (Cont'd) 1. April 6, 1982, accounts payab le list from the Finance Department totalling $833,704.52, was approved for payment and filed. 2. April 6, 1982, letter from the State Alcoholic Beverage Control Board noticing of application for transfer of liquor license for the Palace Saloon and Hotel was filed without objection. 3. April 1, 1982, letter from Grants Administrator Janet Thompson and attached amendment (01) for FY 82 Day Care Assistance Program, increasing the amount of the City's contract by $1,649, was noted for information and filed. 4. March 1, 1982, feasibility study, for information and Grant Lake Hydroelectric Project progress report number 5, was noted filed. 5. March 24, 1982, order establishing public hearing in the matter of the adoption of uniform policies for fuel clause rate adjustments was noted for information and filed. 6. Summary of proposed Committee Substitute for SB 212, relating the the transfer of the Alaska Railroad was noted for information and filed. 7. March 17, 1982, reply of Southcentral Air, response of Alaska Aeronautical Industries, noted for information and filed. Inc. to Inc. was VI. BOROUGH ASSEMBLY REPORT: I Kenai Peninsula Borough Representative Darryl Schaefermeyer gave a verbal report of the April 6, 1982, Borough Assembly meeting. VII. PUBLIC HEARINGS: VIII. None CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: POLICE ORD: DEPT:/ Campbell noted the regulation I A. Ordinances for Introduction: 1. Copies having been made available to the public, by title only proposed Ordinance No. 508, providing for of drug paraphernalia, entitled: AN ORDINANCE AMENDING THE CITY OF SEWARD CODE PROVIDING FOR REGULA- TION OF ITEMS DESIGNED OR MARKETED FOR USE WITH CONTROLLED SUBSTANCES. March 30, 1982, letter from City Attorney relating to the proposed ordinance was noted. City Attorney noted that the proposed ordinance would not prohibit the sale or possession of the items described therein, but would merely provide for the recording of sales, and further, that these records would be made available only to law enforcement officials. Following discussion, it was moved by Soriano, seconded by Meehan and unanimously carried by all those present to introduce proposed Ordinance No. 508, and public hearing was scheduled for the May 10, 1982, regular meeting. ['Oil PAGE 358 REGULAR MEETING APRIL 12, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) B. Ordinances for Public Hearing and Enactment: None C. Resolutions: SCHOOLS! RES: 1. Copies having been made available to the public, Campbell noted by title only proposed resolution appropriating $10,000 from the Mayor and Council Contingency Fund to the General Services Fund for the purpose of assisting in the financing of the Seward High School Band and Choir's upcoming trip to Obihiro, Japan, entitled: A RESOLUTION MAKING AN APPROPRIATION FROM THE MAYOR AND COUNCIL CONTINGENCY FUND TO THE GENERAL SERVICES FUND, EX- CHANGE PROJECT ACCOUNT. City Manager noted that Council had approved the appropriation of these funds at its March 22, 1982, regular meeting, adding that this resolution was merely a follow-up measure. It was moved by Meehan, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 82-14. PARKS & RES: REC/ Campbell noted located in the 2. Copies having been made available to the public, by title only proposed resolution selecting 19 plus acres future greenbelt area from the State of Alaska, entitled: A RESOLUTION SELECTING LAND FROM THE STATE OF ALASKA PURSUANT TO AS 29.18.210. March 31, 1982, letter from Reed Stoops, State of Alaska Department of Natural Resources, was noted, and Assistant City Manager Schaefermeyer distributed copies of a plat map showing the location of the property being selected and noted that the area contains the City-maintained ballparks. Burgess noted an error in the legal description contained in the resolution stating that Subsection (1) of Section 1, should read "Tract A of Supplemental Plat of U. S. Survey 1116...". Acting City Manager assured Council that the correct legal description would appear on any deeds or patents executed by the City. Following discussion, it was moved by Burgess, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 82-15. PARKS & RES: REC; 3. Copies having been made available to the public, Campbell noted by title only proposed resolution selecting 26.162 acres of land located in the Army Recreation Camp from the State of Alaska, entitled: A RESOLUTION SELECTING LAND FROM THE STATE OF ALASKA PUR- SUANT TO AS 38.05.315. March 19, 1982, letter from L. A. Dutton, State of Alaska Department of Natural Resources, was noted and Acting City Manager distributed copies of a plat map showing the location of the subject property. Following discussion, it was moved by Soriano, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 82-16. TAXICABS; RES: 4. Campbell noted by zones, entitled: Copies having been made available to the public, title only proposed resolution designating two taxicab A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DESIGNATING TAXICAB ZONES. PAGE 359 REGULAR MEETING - APRIL 12, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions (Cont'd) TAXICABS! Campbell noted that this proposed resolution was another housekeeping RES: ' measure; City Code requires that the City Manager designate taxicab (cont'd) zones and that those zones be approved by City Council. It was moved by Soriano, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 82-17. I SEWAGE TRMT: 5. Copies having been distributed to Council and made available to the public, Campbell noted by title only proposed resolution relating to claims arising from the flooding and subsequent damage to two of the City's pump stations, entitled: AUTHORIZATION TO CITY MANAGER TO NEGOTIATE SETTLEMENT OF CLAIMS ARISING FROM FAILURES OF PUMP STA- TIONS ONE AND THREE OF THE SEWARD INTERCEPTER AND TREATMENT PLANT PROJECT. Burgess questioned giving authority to the City Manager to negotiate settlements without first coming to Council for approval; City Attorney noted that the proposed resolutions set forth limits and guidelines within which the City Manager would have to work. Following discussion, it was moved by Soriano, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 82-18. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: I None XII. CITY MANAGER REPORTS: I 4TH OF JULY A. City Manager requested Council's approval to enter into a CRK AREA: professional services agreement with Century/Quadra for engineering services relating to the Phase IV development of the Fourth of July Marine Industrial Center, adding that it was imperative that Council act immediately if the City is to install the shiplift this year. Burgess voiced his objection to letting such a large contract without first going to bid; City Manager explained that not only would a new engineering firm which had not been involved in the earlier phases of the project charge more for their services, but a delay of six weeks or more (which going to bid would necessitate) would probably result in extending the completion date another season. Burgess asked why Council had not been consulted earlier if time was such an important factor. City Manager stated that he had been holding the proposal for over a month hoping for more than a four-member Council before presenting the matter for consideration. Meehan and Soriano spoke in support of the administration's decision to continue with Century/Quadra. Following further discussion, it was moved by Soriano, seconded Meehan and unanimously carried by all those present to authorize the City administration to enter into a professional agreement with Century/Quadra for Phase IV of the Seward Marine Industrial Park for a sum not to exceed $450,000. Burgess noted that had his vote not been needed for approval of the contract, he would have opposed the motion. FINANCE DEPT: B. City Manager requested Council approval of a financial advisory agreement with First Southwest Company, noting that the City had a prior contract with First Southwest which had just recently expired. He added that there would be no cost to the City until such time as an actual bond sale took place, and that the maximum cost to the City would by $1.95 per Thousand. Following discussion, it was moved by Soriano, seconded by Meehan and unanimously carried by all those present to authorize the administration to enter into a financial advisory agreement with First Southwest Company. PAGE 360 REGULAR MEETING - APRIL 12, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (Cont'd) MARINA SUB: C. Proposal from Ray Evarts, dba Kernel McRays, to lease a parcel of land in the small boat harbor (Marina Subdivision) for the purpose of operating a fast food drive-inn was noted. City Manager stated that the property in question was located due north of the Breeze Inn Motel, adding that the City had advertised for proposals last year and had failed to receive any inquiries. He further stated that if Council wished to entertain this proposal, it would be necessary to have the subject property appraised and readvertise for proposals. Following discussion, it was moved by Meehan, seconded by Soriano and unanimously carried by all those present to authorize the City administration to go out and advertise the property. MARINA SUB: D. March 19, 1982, letter from Ray Evarts, president of Ray's Inc., concerning a land lease for the purpose of constructing and operating a supermarket in the small boat harbor area (Marina Subdivision) was noted. City Manager stated that this matter had been brought before Council at its March 22, meeting and that Council had requested more information. He then noted posted specifications which had been supplied by Evarts for Council. Burgess requested a recess to allow Council to study same. RECESS: p.m. The meeting was recessed at 8:23 p.m. and reconvened at 8:30 Following further discussion, it was moved by Burgess, seconded by Meehan and unanimously carried by all those present to direct the City administration to order an appraisal of the two parcels of land and to begin the process of public disposition or lease. 4TH OF JULY CRK E. AprilS, 1982, memorandum from City Engineer Small AREA: concerning the purchase of line materials for the Fourth of July Creek site utilities was noted. City Attorney noted that normally the City would go to bid on a purchase of this size; however, the City Code allows the Council to forego the bidding process if it determines that this is in the best interest of the public. Following discussion, it was moved by Meehan, seconded by Soriano and unanimously carried by all those present to approve the purchase of line materials from Ohio Brass in an amount not to exceed $18,623.20. City Manager stated that a resolution approving the purchase of these items would be prepared and presented to the Council at its next regularly scheduled meeting. 4TH OF JULY CRK F. AprilS, 1982, memorandum from City Engineer Small AREA: concerning the purchase of power poles for the Fourth of July Creek site utilities was noted. City Manager stated that proposals had been requested from three suppliers; only two had responded, with McFarland Cascade submitting the lower bid. Following discussion, it was moved by Meehan, seconded by Soriano and unanimously carried by all those present to approve the purchase of poles from McFarland Cascade for a sum not to exceed $25,400. City Manager stated that a resolution approving the purchase of the power poles would be prepared and presented to Council at its next regularly scheduled meeting. PARKS & REC: G. Recommendation for the purchase of ballfield bleachers and backstop as submitted by Parks and Recreation Director Noble was noted. City Manager recommended the purchase of four bleachers from VANCO Recreation, Inc. for a cost of $3,776, and a vertical arch backstop from Patterson Williams for a cost of $6,540. In response to a question from Campbell, City Manager stated that the City was requesting only enough to outfit one new ballfield; if Council wanted to appropriate funds for bleachers and backstops for two fields, monies could be found to finish one field and start a second. Following discussion, it was moved by Burgess, seconded by Meehan and unanimously carried by all those present to authorize the administration to order bleachers and backstops for two ballfields. City Manager stated that a resolution approving the purchase would be prepared and presented to Council at its next regularly scheduled meeting. PAGE 361 REGULAR MEETING - APRIL 12, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (Cont'd) C ENGINEER: H. March 1982 project status report as submitted by City Engineer Small was noted. Campbell directed the City Clerk to make copies of the report available to the public. I ELECTRIC DEPT: I. Energy & Environmental Research Group, Inc. (NRG) contract addition for additional PCB clean-up was noted. City Manager explained that the City had discovered additional contaminated transformers which had not been included in the original contract. Following discussion, it was moved by Soriano, seconded by Burgess and unanimously carried by all those present to authorize the City administration to enter into an additional contract with NRG in a sum not to exceed $25,084, and further that the City Manager is instructed to negotiate this price down if possible. PARKS & REC: J. City Manager requested Council approval to appropriate $7,000, for the preparation of bid documents for the construction of public restrooms for the greenbelt area. He noted that the only alternative to this would be to solicit proposals from local contractors. Following discussion, it was moved by Burgess, seconded by Soriano and unanimously carried by all those present to authorize the City Manager to contact local contractors and discuss proposals for public restrooms and to come up with a proposal. WATER DEPT: K. City Manager noted receipt of Change Order No. 2 on the Elling Halvorson, Inc. contract for construction of the Marathon Hydroelectric project. He stated that the change order was necessitated by changes to the intake system screens and manifold for a total additional cost of $10,525.42. Following discussion, it was moved by Meehan, seconded by Soriano and unanimously carried by all those present to authorize Change Order No. 2 in an amount not to exceed $10,525.42, for the Marathon Hydro Project. I PUBLIC WORKS: L. City Manager requested Council approval to purchase a new road grader for the Public Works Department, noting that the City now owns three graders, the newest being a 1956 model. He added that the State had recently ordered a large number of graders for a unit price of $82,000--as compared to the regular price of $130,000--and that the supplier, Champion, had agreed to sell to the City at the same price if the order is placed now. Following discussion, it was moved by Meehan, seconded by Burgess and unanimously carried by all those present to authorize the City Manager to purchase a grader for a sum not to exceed $82,058. City Manager stated that a resolution authorizing the purchase would be prepared and presented to the Council at its next regularly scheduled meeting. SEWARD FISH: M. April 9, 1982, letter from John Woodruff, Seward Fisheries plant manager, requesting approval from the City to erect two 1000 barrel fuel tanks was noted. City Manager requested that this matter be set for the next meeting, noting that Meehan, an employee of Seward Fisheries, would have to abstain from voting on the issue, leaving only three members qualified to vote. There being no objection voiced, this agenda item was set aside for the April 26, 1982, regular meeting. I JESSE LEE HOME: N. City Manager noted that he had received a request from a party wishing to purchase approximately 10 acres constituting the Jesse Lee Homes property for a price of $150,000, or about one-third the market value. Following discussion, the matter died for lack of a motion. BUDGET: O. City Manager distributed copies of the proposed Fiscal Year 1982-1983 City budget to Council and requested that they set a work session as soon as possible to discuss same, adding that he would like to schedule the first of the public hearings for the April 26, regular meeting. Campbell, with Council consent, directed the City Clerk to call a work session immediately following the canvass of the April 20, election at 4:00 p.m. on Wednesday, April 21, 1982. PAGE 362 REGULAR MEETING - APRIL 12, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (Cont'd) O. City Manager gave a brief report on his April 7-9 trip to Juneau with Mayor Cripps. XIII. COUNCIL DISCUSSION: P & Z COMM: stating Planning consent, A. April 6, 1982, letter from Commissioner Bernard N. Ikerd his intention to resign his position on the Seward Advisory and Zoning Commission was noted. Campbell, with Council directed the City Clerk to advertise the vacancy. B. In response to questions from Meehan, City Manager stated that the PCB clean-up was very near completion; the new pick-up trucks for the Engineering Department had been received; and the City would plainly mark the taxicab zones as designated. C COUNCIL: C. Campbell reported to the Council on the City's recent trade mission to Japan and Korea. He added that a slide presentation would be made when the full Council was in session. XIV. CITIZENS' DISCUSSION: A. Willard Dunham appeared from the audience and reported that a grant totalling $30,000, had been received for litter control and recycling within the City, adding that he intended to carry out this program in conjunction with the Youth Employment Program this summer. Dunham also requested that the City look into the proposed reduction in federal funding for Title V, noting that these funds are essential for the continuation of many of Seward's Senior Citizen programs. XV. ADJOURNMENT: The meeting was Council went into adjourned at 9:47 p.m., and following a short mon"v" '""ion::?i7 'j~' ~''"'. ~.. / ~~rh(, .~ C el Vi e yor ~- . \/. ,'''' . ~, "',fi;~f.Y- ~:b,~, ';>' , '~.. .l.,;'.... c"'fI'-,' "J T~ .,.... ..,,' '~ OF~~> PAGE 363 SPECIAL MEETING - APRIL 21, 1982 VOLUME 19 1. CALL TO ORDER: The April 21, 1982, special meeting of the Seward City Council was called to order at 4:00 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: I flag. Councilmember Burgess led the pledge of allegiance to the III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Campbell, Meehan, O'Brien, Soriano and Swartz Present also: City Manager Johnson, City Clerk Murphy and Deputy City Clerk Reynolds IV. SPECIAL ITEM: ELECTIONS/ A. City Clerk distributed a tally of the unofficial results BUDGET/ of the April 20, 1982, special election in which the electors of the SGH/ City of Seward voted on the following ballot proposition: ORD: SHALL THE CITY OF SEWARD LEVY A ONE PERCENT SALES TAX AS SET FORTH IN ORDINANCE NO. 507? The unofficial tally showed a total of 330 votes cast at the polls with 313 of those votes counted by the election board; the remaining 17 ballots were questioned ballots to be considered by the canvass board. I The City Clerk distributed a list bearing the names of the 13 electors who had requested absentee ballots and noted that Pamela 01dow of Precinct No. 1 had been mailed a ballot, but it was not returned in time for the canvass. The Clerk recommended that the remaining 12 absentee ballots be approved for counting by the canvass board. It was moved by O'Brien, seconded by Burgess and carried as follows to accept the Clerk's recommendation to approve the 12 absentee ballots for counting: AYES: Burgess, Meehan, O'Brien, Soriano, Swartz and Cripps None None Campbell NOES: ABSENT: ABSTAIN: Campbell, administrator of Seward General Hospital, abstained due to the fact that it is Council's intent to use the proceeds derived from the sales tax to subsidize the hospital. The absentee ballots as cast by the following electors were removed from their outer envelopes, shuffled and laid aside to be counted with the questioned ballots: Precinc t No. 1 Precinct No. 2 I ANDORF, Louise A. BELL, Gerald E. JOHNSON, Alphretta Metz OLDOW, Donald J. ROGERS, Florence L. ROGERS, Lloyd E. BENCARDINO, Louis A. BOOTH, Charles R. III CAMPBELL, David J. ECHARD, Charles T. HATCH, Ralph W. MOWREY, Harold E. The Clerk distributed a list bearing the names of those individuals casting questioned ballots on Election Day. Cripps noted that the Clerk had recommended that 2 of the 17 questioned ballots not be counted based on the failure of the voters to meet the requirements of Section 8-3 of the Seward City Code. Marylee Haddeland of Precinct No. 2 was registered in the Bear Creek Precinct and had not filed a PAGE 364 SPECIAL MEETING - APRIL 21, 1982 VOLUME 19 IV. SPECIAL ITEM: (Cont' d) ELECTIONS/ BUDGET! SGH/ORD: (cont'd) change of address; Bruce C. Sieminski of Precinct No. 2 was not registered to vote in the State of Alaska. City Clerk recommended that the remaining 15 ballots be approved for counting. It was moved by O'Brien, seconded by Swartz and carried as follows to accept 15 of the questioned ballots and not count those ballots cast by Sieminski and Haddeland: AYES: Burgess, Meehan, O'Brien, Soriano, Swartz and Cripps None None Campbell NOES: ABSENT: ABSTAIN: The questioned ballots as were removed from their outer envelopes absentee ballots to be counted: cast by the following electors and shuffled together with the Precinct No. 1 Precinct No. 2 BOND, Linda K. AMOS, Dane R. ALDEN, Kathleen L. HAVENS, Marjory C. BLATCHFORD, Thomas EARL, Donald C. GERWER, Ruth E. GIESELER, Harry E. GOODWILL, Wendell R. LECHNER, Margaret D. MARKS, Mervin C. MOORE, David E. PEED, John RANSOM, Scott A. TYREE, Cathy L. The 27 approved ballots were removed from the blank white inner envelopes by Cripps and read aloud by Soriano with Burgess, Campbell and Swartz observing and 0' Brien and Meehan conducting the tally. The totals of the absentee and questioned ballots counted were added to the totals of those ballots cast and counted on April 20 by the election boards. The City Clerk read the results of the combined totals; it was moved by O'Brien, seconded by Burgess and carried as follows to accept the official tally as read by the Clerk: AYES: Burgess, Meehan, O'Brien, Soriano, Swartz and Cripps None None Campbell NOES: ABSENT: ABSTAIN: The official results were as follows: ABSENTEE & QUESTIONED TOTALS PRECINCT NO. 1 PRECINCT NO. 2 AYES: NOES: 81 35 155 42 24 3 260 80 V. ADJOURNMENT: The meeting was ~e ,as, CounciJ, m, et in a ar 1982-83bud~?t. j;.' ,'''" t~ ?-.. ~: . adjourned at 4:20 p.m. and, following a short work session to discuss the proposed Fiscal O~a, Donald W. Cripps Mayor PAGE 365 REGULAR MEETING - APRIL 26, 1982 VOLUME 19 I. CALL TO ORDER: The April 26, 1982, regular meeting of the Seward City Council was called to order at 7:32 p.m. by Vice Mayor C. Keith Campbell. II. OPENING CEREMONY: Councilmember 0' Brien led the pledge of allegiance to the I flag. Mayor Cripps arrived at 7:34 p.m. III. ROLL CALL: Present were: Mayor Cripps; Councilmembers Burgess, Campbell, Meehan, O'Brien and Swartz; and Junior Counci1member Bottcher (Absent, with Council consent, was Councilmember Soriano) Present also: City Manager Johnson, Assistant City Manager Schaefermeyer, City Attorney Arvidson and City Clerk Murphy PROCLAMATIONS: The City Clerk read a proclamation of the Mayor declaring May 9 - 15, 1982, Small Business Week. IV. APPROVAL OF MINUTES: I carried meeting written. It was moved by Swartz, seconded by Campbell and unanimously by all those present to approve the April 12, 1982, regular minutes and the April 21, 1982, special meeting minutes as 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: (With prior notice only) A. Elk's Lodge presentation B. Presentation by Bob Richardson X. UNFINISHED BUSINESS: A. Sewer project report B. Terminal Addition Subdivision and Street names XII. CITY MANAGER REPORTS: F. Kerttula Scenic Viewpoint sign G. Lowell Creek Tunnel I City Manager also requested that Items C, D, and E under CITY MANAGER REPORTS be moved from the regular meeting agenda to the consent calendar. Following discussion, it was moved by Campbell, seconded by Meehan and unanimously carried by all those present to approve the regular meeting agenda and the consent calendar as amended, and the following actions were taken: ELECTRIC DEPT: 1. March 31, 1982, invoice from Baily & Mason totaling $2198.20, for legal services rendered during March 1982, was approved for payment and filed. , ',d.i'. PAGE 366 V. REGULAR MEETING - APRIL 26, 1982 VOLUME 19 APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd) 2. April 1, 1982, order instituting fitness investigation and all-cargo proceeding in the matter of North Pacific Airline's application for certificate of public convenience and necessity was noted for information and filed. AIRPORT: POLICE DEPT: FOURTH OF JULY CREEK AREA: FOURTH OF JULY CREEK AREA: FOURTH OF JULY CREEK AREA: 3. April 14, 1982, letter and enclosed National Warning System Analysis from Clyde L. Bloker, Communications & Warning Officer for the State Department of Military Affairs, was noted for information and filed. 4. April 15, 1982, invoice from Chris Berg, Inc. requesting partial payment in the amount of $896,629.82, was filed without objection. 5. April 11,1982, invoice from R & M Consultants, requesting payment in the amount of $8,235.75, services relating to the Nash Road Transmission Surveys, was filed without objection. Inc. for Line 6. April 11, 1982, invoice from R & M Consultants, Inc. requesting payment in the amount of $3,677 for services relating to Seward Marine Industrial Center and other miscellaneous inspection and testing projects, was filed without objection. KPB: VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough representative Darryl Schaefermeyer gave a verbal report of the Borough Assembly meeting of April 20, 1982. He noted that Administrative Assistant Kerry Martin had been appointed Seward's representative to the Resource Development Council. VII. PUBLIC HEARINGS: A. Notice of Public Hearing as published once in the local newspaper was noted and the public hearing was opened. City Manager noted that Council had requested a three percent reduction in the budget at the work session of April 21, adding that the current reductions totalled 2.978 percent. He further stated that the administration was recommending a 5 mill tax levy in town and a 3.2 mill levy for the Nash Road service area and stated that such a mill rate could be maintained as long as construction projects continued. No one appeared from the audience in order to be heard, and the public hearing was closed. O'Brien questioned including the Harbor in the reduction in enterprise funds, stating that it was more important to keep the cost of electricity and water down so that Seward residents would benefit from these savings. City Manager noted that there had been a 75 percent reduction in the mill rate since 1977 when Seward residents were paying a 20 mill property tax. Cripps, with Council consent, called a work session to be held immediately following the regular meeting to discuss further changes in the budget. The next public hearing on the Fiscal Year 1982-83 budget was scheduled for May 10, 1982. BUDGET: VIII. CITIZENS' DISCUSSION: (With prior notice only) MARINA SUB: A. Jerry Brossow of the Seward Elks' Lodge appeared from the Audience and requested that Council lease to the Elks a parcel of land located in the small boat harbor area for the purpose of constructing a new lodge. In addition, he requested that the lease be granted without advertising for lease proposals. Following discussion, Cripps, with Council consent, directed the administration to have the property in question appraised so that lease negotiations could begin. PAGE 367 REGULAR MEETING - APRIL 26, 1982 VOLUME 19 VIII. CITIZENS' DISCUSSION: (Cont'd) SISTER CITY: B. Bob Richardson appeared from the audience and suggested that Council consider sending one or two councilmembers and their wives to Japan this summer to participate in Expo Hokkaido 1982. Following discussion, it was moved by O'Brien, seconded by Campbell and unanimously carried by all those present to send the Mayor and his wife to represent the City with the City paying. City Manager noted that if Council wished to send one other couple, money could be found in the budget to cover the costs. I IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Rearing and Enactment: None C. Resolutions: FOURTH OF JULY CREEK AREA/ Cripps RES: 1. Copies having been made available for the public, read by title only a resolution entitled: FINDINGS OF CITY COUNCIL OF SEWARD, ALASKA, THAT THE PUBLIC INTEREST WOULD BE BEST SERVED BY NOT REQUIRING COMPETITIVE BIDDING FOR THE PURCHASE OF ELECTRIC TRANSMISSION POLES AND HARDWARE FOR CONSTRUCTION OF THE 4TH OF JULY CREEK TRANSMISSION LINE. I City Manager noted that Council had approved this purchase at the April 12, meeting and that all of the resolutions before Council were house cleaning measures only. It was moved by Campbell, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 82-19. PARKS & REC/ 2. Copies having been made available for the public, RES: Cripps read by title only a resolution entitled: FINDING OF CITY COUNCIL OF SEWARD, ALASKA, THAT THE PUBLIC INTEREST WOULD BE SERVED BY NOT REQUIRING COMPETITIVE BIDDING FOR THE PUR- CHASE OF BALLFIELD BLEACHERS AND BACKSTOPS. It was moved by Meehan, seconded by Campbell and unanimously carried by all those present to approve Resolution No. 82-20. FINANCE DEPT/ 3. Copies having been made available to the public, RES: Cripps read by title only a resolution entitled: A RESOLUTION APPROVING A FINANCIAL AGREEMENT WITH FIRST SOUTHWEST COMPANY. I It was moved by Campbell, seconded by Swartz and unanimously carried by all those present to approve Resolution NO. 82-21. PUBLIC WORKS/ 4. Copies having been made available to the public, RES: Cripps read by title only a resolution entitled: FINDINGS OF CITY COUNCIL OF SEWARD, ALASKA, THAT THE PUBLIC INTEREST WOULD BE BEST SERVED BY NOT REQUIRING COMPETITIVE BIDDING FOR THE PURCAHSE OF A ROAD GRADER. PAGE 368 REGULAR MEETING - APRIL 26, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) PUBLIC WORKS/Following discussion, it was moved by Campbell, seconded by Meehan and RES: unanimously carried by all those present to approve Resolution No. (Cont'd) 82-22. X. UNFINISHED BUSINESS: SEWAGE TRMT: A. City Attorney noted the following documents relating to the negotiations with parties involved in the failure of pump stations 1 and 3 of the sewer project and which had been distributed to Council prior to the start of the meeting: 1. April 6, 1982, settlement agreement between the City and Brown & Associates, J.V. 2. April 9, 1982, letter from the State Environmental Conservation approving settlement with Brown & Associates. Department of the proposed 3. April 14, 1982, letter from Assistant City Manager to Sid Clark of Arctic Environmental Engineers, Inc. concerning repair of pump stations 1 and 3. 4. April 23, 1982, Engineering Contract Recap. City Attorney recommended that Council raise the "not to exceed" figure on the Arctic Environmental Engineers, Inc. contract by $53,000. He added that this was for work performed before December 18 and after January 17 under the contract but unrelated to pump stations 1 and 3. City Attorney stated that the administration was still negotiating with Brown & Associates, adding that a change order for their contract would be presented to Council at the May 10 regular meeting. He further noted that the total cost for the project would still be under the grant amount by approximately $100,000. In response to a question from O'Brien, City Engineer Small appeared from the audience and stated that the pump stations failed because they were not built according to the plans, adding that changes were being made to correct this. P & Z COMM/ TERMINAL ADDN: B. City Manager noted Unapproved Minute Order of the Seward Advisory Planning and Zoning Commission from their special meeting of April 21, 1982, as distributed to Council. It was the Advisory Commission's recommendation that the Terminal Addition Subdivision be renamed "Gateway Subdivision" and that the four streets to be named be given the following designations: LaTouche, Tyonic, Unimak and Phoenix. Following discussion, it was moved by Burgess, seconded by Swartz and unanimously carried by all those present to accept the names as submitted by the Seward Advisory Planning and Zoning Commission. XI. NEW BUSINESS: None XII. CITY MANAGER REPORTS: SEWARD FISH: A. April 9, 1982, letter from John Woodruff, Seward Fisheries, seeking City approval to erect fuel tanks, was noted. City Manager stated that he had been assured that the tanks would be properly installed; they would be used to store residual fuel to cut energy .costs at the Fisheries. Following discussion, it was moved by Campbell, seconded by Swartz and carried as follows to approve the application for installation of fuel tanks at Seward Fisheries to hold residual fuels: AYES: Burgess, Campbell, O'Brien, Swartz and Cripps None Soriano Meehan NOES: ABSENT: ABSTAIN: PAGE 369 REGULAR MEETING - APRIL 26, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (Cont'd) SEWARD FISH: Meehan abstained due to the fact that he is a member of the management (cont'd) of Seward Fisheries. SISTER CITY: B. April 19, 1982, memorandum from Administrative Assistant Martin regarding Expo Hokkaido '82, was noted. City Manager recommended that Council appropriate $8435 to send Rhonda Anderson and Harume Kawabe to represent Seward and Alaska at the Expo, noting that both were born and raised in Seward and read, write and speak Japanese. In response to a question from Meehan, Martin appeared from the audience and explained that pictures of the Fourth of July project had not been included in the layout of color transparencies in the Seward exhibit because the only pictures available show undeveloped land and construction of the facility. Swartz suggested that there should be something in the exhibit depicting Seward as the home of the Alaska flag and the start of the Iditarod TraiL O'Brien requested that some thought be given to supplying pamphlets with additional background on Seward. Following discussion, it was moved by O'Brien, seconded by Campbell and unanimously carried by all those present to accept the recommendation of the administration to send these two girls to Expo Hokkaido for the summer for a sum not to exceed $8435. I C. D. & E. Moved to consent calendar at City Manager's request. ~EGISLATIVE REPS: F. April 26, 1982, memorandum from Administrative Assistant Martin regarding the Kerttula Scenic Viewpoint sign as distributed to Council was noted. Following discussion, it was moved by Meehan, seconded by Campbell and unanimously carried by all those present to spend an estimated $740.77 to erect the Kerttula Scenic Viewpoint sign. "lATER DEPT: I G. City Manager stated that, at the request of Council, the administration had asked help from the Corps of Engineers in inspecting and planning repairs and maintenance of the Lowell Creek Tunnel, but the Corps had failed to adequately respond to the City's request. He was now recommending that Council direct the administration to advertise for proposals from qualified engineering firms to give the City some direction in this matter. It was so moved by Meehan, seconded by Campbell and unanimously carried by all those present. RECESS: The meeting was recessed at 9:05 p.m.; reconvened at 9:17 p.m. H. City Manager reminded Council of the luncheon with a delegation from Palmer which was scheduled for Wednesday, April 28, at noon at the Harbor Dinner Club. XIII. COUNCIL DISCUSSION: LOCAL ORGS: A. April 7, 1982, letter from Eligio G. White, Director of Child Development for the Rural Alaska Community Action Program, Inc. relating to the Head Start Pre-school Program was noted. Burgess stated that his wife, Sandra, had volunteered to look into this agenda item and report back to Council at the next meeting. Cripps, with Council consent, set this agenda item over until the May 10, meeting when Ms. Burgess will be scheduled to appear under CITIZENS' DISCUSSION. I B. Junior Councilmember Bottcher reported school sign paid for by Council had arrived, adding class had bought the letters and the letter changer. that the high that the Senior C. Burgess reported that the footbridge at Resurrection River was on site and that it should be ready for use soon. D. Meehan complimented Kerry Martin on his report of the Seward Trade Mission to Japan. He also commended the Police Department for its maintenance of Seward's warning system. PAGE 370 REGULAR MEETING - APRIL 26, 1982 VOLUME 19 COUNCIL DISCUSSION: (Cont'd) E. Campbell reported that on Saturday, hosted a visiting Korean delegation, and that among Vice Premier of Korea. April 24, he had its number was the Campbell also suggested that the administration should look into forming a new borough on the eastern side of the Peninsula. In response to a question from O'Brien, he stated that this side of the Peninsula has a tax base sufficient to support itself, noting that the bulk of the proceeds which Seward receives from the Kenai Peninsula Borough goes to funding the schools, and a large percentage of the school funding comes from the State. Cripps, with Council consent, directed the administration to look into the formation of a new borough. F. Swartz asked the administration to direct a letter to the Corps of Engineers requesting rip rap to stop the potential flooding in Forest Acres caused by overflow from Resurrection River. G. Burgess stated that he had received several complaints about the City employees and City-owned vehicles taking up parking spaces in front of the building. O'Brien suggested that the City parking lot might be put to more use if a set of stairs connecting it to the sidewalk was constructed. H. Cripps commended the Public Works Department for their street cleaning efforts. Cripps also recommended that Seward invest in some type of memento (such as a City of Seward lapel pin) to give to visiting dignataries. Cripps then suggested that the Council consider reorganizing the City's form of government, moving from a City Manager to a strong Mayor form. He stated that this would make the man in charge more responsive to the people. Swartz, Campbell and O'Brien spoke in opposition to this suggestion, stating that Seward would not be able to produce enough qualified people to run for such an office with O'Brien adding that the City Manager is both accessible and responsive to the people. I. Swartz stated that she was elated that the sales tax passed so overwhelmingly. XIV. CITIZENS' DISCUSSION: A. Kerry Martin, appearing from the audience, suggested that the City consider changing the name of Japp Creek to something less offensive. Swartz suggested that it be named for the late Harry Kawabe. City Manager stated that he would have Martin investigate the procedures necessary for changing the name. XV. ADJOURNMENT: The meeting was adjourned at 10:00 p.m. and, after a short recess, the Council reconvened in a work session to discuss the proposed Fiscal Year 82-83 budget. iLiLu: W. Cripps PAGE 371 REGULAR MEETING - MAY 10, 1982 VOLUME 19 I. CALL TO ORDER: The May 10, 1982, regular meeting of the Seward City Council was called to order by Vice-Mayor C. Keith Campbell at 7:30 p.m. II. OPENING CEREMONY: Councilmember Burgess led the pledge of allegiance to the I flag. III. ROLL CALL: Present were: Vice-Mayor Campbell and Counci1members Burgess, Meehan, O'Brien, Soriano**, and Swartz. (Absent, with Council consent, was Mayor Cripps) Present also: City Manager Schaefermeyer, Clerk Murphy Johnson, Assistant City Manager City Attorney Hughes and City PROCLAMATION: PROCLAMATIONS & At the request of Vice-Mayor Campbell, the Clerk read aloud a TRIBUTES: proclamation declaring the month of May to be Litter Prevention and Cleanup Month and the week of May 16-22, to be Cleaner Seward Week. IV. APPROVAL OF MINUTES: It was moved by Meehan, seconded by O'Brien and unanimously carried by all those present to approve the April 26, 1982, regular meeting minutes as written. I **Councilmember Soriano arrived at 7:35 p.m. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that Item 7 under Resolutions (Section IX C)--proposed Resolution No. 82-29--and Item A under UNFINISHED BUSINESS (Section X)--change orders 8 and 9 from Brown and Associates--be deleted from the regular meeting agenda. He also requested the following additions to the regular meeting agenda: XI. NEW B. BUSINESS: Professional contract Engineering in an amount for services relating to station with Trans-Alaska not to exceed $3500 the Coast Guard lift XII. CITY MANAGER REPORTS: B. Rental of boxcar next to lagoon City Manager also requested the addition of the following items to the Consent Calendar: Item C. Manager Recommendation 2. May 3, 1982, invoice from Trans-Alaska Engineering in the amount of $1285, for engineering services re- lating to the U.S. Coast Guard lift station Approve for payment & file I 3. April 26, 1982, letter from the Dept. of Com- munity & Regional Affairs and accompanying contract increasing the City's Day Care Assistance Program in the amount of $5564 For information and file WATERFRONT TRACTS: PAGE 372 REGULAR MEETING - MAY 10, 1982 VOLUME 19 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd) It was moved by O'Brien, seconded by Burgess and unanimously carried by all those present to approve the regular meeting agenda and the consent calendar as amended, and the following actions were taken: 1. April 26, Highways, TUSTUMENA 1982, letter from Jim Eide, Director concerning vessel replacement for was noted for information and filed. of Marine the M/V HARBOR DEPT: 2. May 3, 1982, invoice from Trans-Alaska Engineering in the amount of $1285, for engineering services relating to the U. S. Coast Guard lift station was approved for payment and filed. LOCAL ORGS: 3. April 26, 1982, letter from the Department of Community and Regional Affairs and accompanying amendment number 2 to the City's Day Care Assistance Program contract increasing the contract amount by $5564, was noted for information and filed. BUDGET: TV: VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly representative Darryl Schaefermeyer gave a verbal report of the assembly meeting of May 4, 1982. VII. PUBLIC HEARINGS: A. Notice of Public Hearing as published twice in the local newspaper and posted was noted and the public hearing on the proposed Fiscal Year 1982-83 budget was opened. City Manager noted that this amended budget was still based on a 5 mill tax levy, adding that the only changes were a transfer of enterprise funds from the Harbor to the City utilities and a $4100 reduction in the funds originally budgeted to KRXA Radio. No one appeared from the audience in order to be heard, and the public hearing was closed. City Manager noted that the final public hearing on the proposed budget would be held and a vote for adoption considered at the May 24, 1982, regular meeting of the Council. VII I. CITIZENS' DISCUSSION: (With prior notice only) A. Gary L. Ferguson, president of Resurrection Bay Entertainment Television, Inc., appeared from the audience and requested Council's permission to lease the City's satellite receiving station for the purpose of operating a pay television station in Seward. He stated that he had entered into an agreement with Visual Entertainment Unlimited (VEU) which provided for a transfer of VEU's FCC license and their agreement with the City to lease the receiving station for the sum of $1800 per year. In response to a question from Campbell concerning the "skin" movies broadcast on Channel 17 Friday and Saturday night, Ferguson stated that VEU had been transmitting to test the equipment and to prove that it was operational. Several questions were raised by Council concerning Ferguson's background, financial position and the status of his application for transfer of VEU's FCC license. City Manager noted that there is no existing contract between the City and VEU--the City agreed to enter into an agreement with VEU contingent upon certain conditions being met by VEU, but that was 18 months ago and since that time none of the conditions had been met. Following discussion, Campbell, with Council consent, called a work session immediately following the close of regular business to further discuss Ferguson's proposal and to put together a list of questions to be answered by Ferguson prior to the May 24, 1982 regular meeting when a public hearing would be held on the proposed lease. PRESENTATION: SISTER CITY: Albert Kawabe appeared from the audience and introduced Mr. Kitano of Kushiro, Japan who presented Campbell with a large carved PAGE 373 REGULAR MEETING - MAY 10, 1982 VOLUME 19 PRESENTATION: (Cont'd) SISTER CITY: (cont'd) wooden statue and a bound volume of photographs of Kushiro and other points of interest on the island of Hokkaido. Kawabe noted that a large delegation from Kushiro would be visiting Seward in August. VIII. CITIZENS' DISCUSSION: (Cont'd) I LOCAL ORGS: B. Sandra Burgess appeared from the audience and reported on her investigation of the State's Head Start pre-school program. She noted that, at this time, the State was trying to determine if the need and interest in this type of program exists in Seward. Burgess further stated that the City would have to supply space for the program free of charge; the State would then pay utilities, any remodeling costs and other necessary funding. At Council's request, Burgess agreed to draw up and submit the necessary survey and forms needed by Rural CAP to determine Seward's eligibility. City Manager thanked Burgess and expressed the City's appreciation for her assistance. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: POLICE DEPT/ 1. Copies having been made available to the public, ORD: Campbell noted by title only a proposed ordinance to regulate the sale of drug paraphernalia entitled: I AN ORDINANCE AMENDING THE CITY OF SEWARD CODE BY PROVIDING FOR REGU- LATION OF ITEMS DESIGNED OR MARKETED FOR USE WITH CONTROLLED SUBSTANCES. Notice of Public Hearing as published twice in the local newspaper and posted was noted, and the public hearing was opened. In response to a question from Willard Dunham (who appeared from the audience), City Attorney explained that this ordinance differed from the one passed in Anchorage in that it regulates the sale of drug paraphernalia but does not make possession of same illegaL No one else appeared from the audience 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. 508. C. Resolutions: LOCAL ORGS/ 1. Copies having been made available to the public, RES: Campbell noted by title only a proposed resolution authorizing the City Manager to apply for funds for the administration of the City's Day Care Assistance Program entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING PARTICIPATION IN THE STATE DAY CARE ASSISTANCE PROGRAM PURSUANT TO AS 44.47.250-310. I It was moved by O'Brien, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 82-23. SISTER CITY! 2. Copies having been made available to the public, RES: Campbell noted by title only a proposed resolution financing a trip to Japan for the hostesses representing Seward in the Alaska Exhibit at EXPO HOKKAIDO 1982, entitled: "r PAGE 374 REGULAR MEETING - MAY 10, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (cont'd) SISTER CITY/RES: (con't) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AP- PROPRIATING FUNDS TO FINANCE A TRIP TO JAPAN FOR TWO HOSTESSES FOR THE ALASKA EXHIBIT AT THE HOKKAIDO EXPO 1982. It was moved by O'Brien, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 82-24. 3. Copies having been made available to the public, Campbell noted by title only a proposed resolution financing a trip to Japan for the Mayor and his wife, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AP- PROPRIATING FUNDS TO FINANCE A TRIP TO EXPO HOKKAIDO 1982, FOR THE MAYOR AND HIS WIFE. It was moved by Swartz and seconded by Meehan to approve proposed Resolution No. 82-25. In response to a question from Meehan concerning the possibility of sending another couple along with the Mayor and his wife, it was unanimously carried to table the resolution until the May 24, regular meeting. Campbell, with Council Consent, added discussion of this agenda item to the agenda for the work session to follow the close of regular business. LEG REP/ RES: Campbell available 4. noted by to erect a Copies having been made available to the public, title only a proposed resolution making funds sign at Kerttula Scenic Viewpoint, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AP- PROPRIATING FUNDS FOR THE PURPOSE OF ERECTING A SIGN DESIGNATING KERTTULA SCENIC VIEWPOINT. It was moved by Meehan, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 82-26. BUDGET! RES: 5. Copies having been made available to the public, Campbell noted by title only a proposed resolution amending the 1981-82 Fiscal Year budget, entitled: A RESOLUTION AMENDING THE 1981-82 FISCAL YEAR BUDGET BY INCREASING FUNDS FROM CONTRACT AND LEGAL AD- MINISTRATION. I t was moved by Swartz, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 82-27. SEWAGE TRMT/ 6. Copies having been made available to the public, RES: Campbell noted by title only a proposed resolution increasing the not to exceed amount of the City's contract with Arctic Engineers, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RE- GARDING APPROVAL OF CONTRACT CHANGE WITH ARCTIC ENGINEERS, INC. Assistant City Manager noted that the City had originally entered into a contract with Arctic Engineers for the design and construction management of the Seward Interceptors and Waste Water Treatment Facilities in an amount not to exceed $367,743. Due to Council approved contract extensions totalling 60 days, the revised contract amount of PAGE 375 REGULAR MEETING - MAY 10, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (cont'd) SEWAGE TRMT / RES: (cont'd) $421,098.26 resulted in a needed contract adjustment in the not to exceed figure in the amount of $53,355.26. Acting City Manager further explained that the State Department of Environmental Conservation had agreed to the terms of this agreement with Arctic Engineers. Following discussion, it was moved by Soriano, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 82-28. I 7. Deleted FOURTH CREEK AREA! RES: OF JULY 8. Copies having been made available to the public, Campbell noted by title only a proposed resolution providing for hydro seeding for shore protection and erosion control along the Nash Road extension and the lagoon area, entitled: FINDINGS OF THE CITY COUNCIL OF SEWARD, ALASKA, THAT THE PUBLIC INTEREST WOULD BE BEST SERVED BY NOT REQUIRING COMPETITIVE BIDDING FOR THE HYDROSEEDING OF NASH ROAD. I City Manager requested that the title of the proposed resolution be changed to read ".. .HYDROSEEDING FOR SHORE PROTECTION" rather than ". . . HYDROSEEDING OF NASH ROAD". April 20, 1982, letter from BUSH Landscaping and Nursery Co. offering to perform the needed hydroseeding for the sum of $14,547.50, and April 26, 1982, memorandum from City Engineer Small noting that Wilder had originally bid $20,000 to perform the same service, were noted. Small's memo went on to state that the hydroseeding had been deleted from the original contract with Wilder because it would have extended the completion date of the contract. Following discussion, it was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 82-29, as amended. RECESS: The meeting was recessed at 8:55 p.m.; reconvened at 9:05 p.m. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: SCHOOLS: A. May 3, 1982, letter from Robert F. Richardson, Administrator of the Alaska Vocational Technical Center, requesting that 5 acres of land be set aside in the Fourth of July Creek Marine Industrial Center for educational purposes was noted. O'Brien voiced his concern with the location selected by AVTEC, stating that while he was in favor of the concept of designating a portion of the Fourth of July Creek area for AVTEC's use, this particular parcel might be better used in another capacity. City Manager stated that a draft plat of the entire subdivision would be available for Council's review at the May 24, 1982, regular meeting of the City Council. Campbell, with Council consent, instructed the City Manager to convey Council's receptivity to this proposal to Richardson. Further discussion of this agenda item was continued until the next regularly scheduled meeting. I HARBOR DEPT: B. City Manager requested Council approval of a professional services agreement with Trans-Alaska Engineering in an amount not to exceed $3500 for contract management services relating to the Coast Guard lift station, adding that the City would be reimbursed by the Coast Guard for this expenditure. O'Brien questioned the need for going outside the City for a project this size, stating that this service should be performed in-house by the City Engineering Department. Following discussion, it was moved by Burgess, seconded by Soriano and failed to carry as follows to authorize the City Manager to enter into a contract with Trans-Alaska Engineering for contract management services for the Coast Guard lift station in an amount not to exceed $3500: AYES: NOES: ABSENT: BURGESS, MEEHAN AND CAMPBELL O'BRIEN, SORIANO AND SWARTZ CRIPPS '. -..... -j " l (J PAGE 376 REGULAR MEETING - MAY 10, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: A. City Manager stated that he had received a proposal to rent the boxcar next to the lagoon for the sum of $15 per month for a period not to exceed 6 months. Campbell, with Council consent, authorized the City Manager to enter into such an agreement. B. City Manager noted copies of the plat of the proposed parcel of land to be leased to the Elks Lodge which had been distributed to Council prior to the meeting. Campbell, with Council consent, instructed the City Manager to order an appraisal of the property and to schedule a public hearing for the May 24, 1982 regular meeting to discuss the proposed lease. C. City Manager noted that the first hearing before the Alaska Public Utilities Commission on the proposed Chugach Electric Association (CEA) rate increase had been held, and that CEA was now on record with a promise to furnish long-term wholesale power to Seward. D. City Manager requested permission from Council to approach the State concerning lifting the deed restrictions on the parcel of land next to the City park and directly across from the Rec Camp, thus allowing the City to move the City Shop and Pole Yard to that location. O'Brien and Campbell expressed their concern that this not become an eyesore since the property in question fronts the Seward Highway. Soriano voiced his support of the administration's request. In response to a question from Burgess, City Manager stated that there would be ample room at the new location for projected future growth. Campbell, with Council consent, authorized the City Manager to petition the State to lift the deed restrictions which now prevent this type of use. E. City Manager gave a brief overview of the various capital projects which have bid openings within the next week along with those now under construction. F. City Manager asked for Council permission to solicit logo designs for the City of Seward for use on City stationery, vehicles, checks and medallions. Following discussion, Council directed the City Manager to initiate a logo contest offering $500 to the winning design. XIII. COUNCIL DISCUSSION: RADIO: A. April 27, 1982, letter from Hank LaDuke. General Manager of KRXA Radio, concerning proposed time sharing between commercial and public radio stations was noted. LaDuke appeared from the audience and stated that this was a new concept which would allow expanded broadcast time and subject matter for the Seward area. He added that he is now negotiating with Charles Northrip, Executive Director of the Alaska Public Broadcasting Corp., and that he would keep Council informed as to his progress. O'Brien voiced his support for this project. B. Meehan stated that he had attended a meeting of the Iditarod National Historic Trail Management Plan in Anchorage on May 8. He added that the first Trail Blazers group would be formed in Seward in the near future and instructed the Clerk to send a written invitation to some of the organizers to appear at the May 24, 1982 meeting to give a short presentation. C. O'Brien stated that the City should design and order some distinctive, silver olympic-type medallions to give to visiting dignitaries and possibly to the legislators at the beginning of next year's session. Swartz added that whatever is decided on should be special and distinctively Seward. D. City Manager asked that the newspaper print the City's invitation to take anyone who is interested to Fourth of July Creek to see the dredge in action. Requests should be made through the City Manager's office. PAGE 377 REGULAR MEETING - MAY 10, 1982 VOLUME 19 XIV. CITIZENS' DISCUSSION: A. Willard Dunham appeared from the audience and requested an explanation from the City Engineer concerning the radio static caused by the power lines in town. City Engineer Small stated that he had not been aware that there was a problem, but his department would look into it. I XV. ADJOURNMENT: The meeting was adjourned at 10:05 p.m., and following a short recess, Council immediately went into a work session to discuss Gary Ferguson's proposal to lease the satellite receiving station and amendments to proposed Resolution No. 82-25. _'ii,Jl.lL17.l:l4"~ ..;_/i."-'>" ::;:' 'V/,' '_ (City Seal) ~ , ,..-.....; ....' -:,,'; ------------------------------------------------------------------------ PAGE 377 REGULAR MEETING - May 24, 1982 VOLUME 19 I. CALL TO ORDER: I The May 24, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice Mayor C. Keith Campbell. II. OPENING CEREMONY: Councilmember Soriano led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Vice Mayor Campbell and Councilmembers Burgess, Meehan, 0' Brien, Soriano and Swartz (Absent, with Council consent, was Mayor Cripps) Present also: City Manager Johnson, Assistant City Manager Schaefermeyer, City Attorney Arvidson and City Clerk Murphy IV. APPROVAL OF MINUTES: It was moved by O'Brien, seconded by Soriano and unanimously carried by all those present to approve the May 10, 1982, regular meeting minutes as presented. I V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the following item be deleted from the regular meeting agenda: IX. ORDINANCES AND RESOLUTIONS: C. Resolutions: 9. Proposed Resolution No. successful completion of Interceptor and Waste Water 82-37, regarding the Seward Sewer Treatment Facility ',7Q C ATTORNEY: FINANCE DEPT; AIRPORT: BUDGET: MARINA SUB: ***** ***** PAGE 378 VOLUME 19 REGULAR MEETING - MAY 24, 1982 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd) City Manager requested that the following additions be made to the regular meeting agenda: IX. ORDINANCES AND RESOLUTIONS: C. Resolutions: 10. Proposed Resolution No. 82-37, relating to the construction of the Small Boat Harbor fish cleaning facility and two public restrooms XI. NEW BUSINESS: B. Fort Raymond Monument C. Increasing the Ottwater contract for the Marathon Hydro project in an amount not to exceed $15,000 D. Purchase of Bucket Truck E. Essential air service XII. CITY MANAGER REPORTS: D. Trip to Hokkaido E. City Manager resignation Following discussion, it was moved by Meehan, 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: 1. May 5, 1982, invoice Powell and Brundin for month of March, 1982, approved for payment and from Hughes, Thorsness, Gantz, legal services rendered in the and totalling $12,377.19, was filed. 2. Finance Department's list of accounts payable for the month of March 1982, totalling $11,912.75, was approved for payment and filed. 3. May 7, 1982, Response to Order Requesting Information as submitted by North Pacific Airlines, Inc. was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly representative Darryl Schaefermeyer gave a verbal report of the Assembly meeting of May 18, 1982. VII. PUBLIC HEARINGS: A. Notice of public hearing as published twice in the local newspaper and posted was noted and the public hearing on the proposed Fiscal Year 1982-83 budget was opened. City Manager noted a transfer of $77,484 from the Mayor and Council fund to the Utilities fund to pick up bond payments which will be coming due, thereby holding the line on water and sewer rates for another year. He added that the proposed budget was still based on a 5 mil levy. No one appeared from the audience in order to be heard, and the public hearing was closed. Campbell stated that the budget would be discussed under Agenda item IX (C) (8), when the proposed resolution adopting the budget was to be considered. B. Notice of public hearing as published twice in the local newspaper and posted was noted and the public hearing on the proposed lease of property located in the Small Boat Harbor to the Seward Elk's Lodge was opened. City Manager noted May 21, 1982, letter from the Appraisal Company of Alaska indicating a fair market rental value of the 16,000 square foot parcel in the amount of $4032 annually. Ray Gillespie, 207 Resurrection Blvd., v~ifv~~~~iff~g/t~~/~/~~~~~~t/pt r-p~tf-M,/ appeared from the audience and spoke in opposition of the lease of this particular parcel of land for anything other than marine related use. Gillespie noted that the Land Use Plan adopted by the City See page 287, Volume 19 - Amendment to minutes. MARINA SUB: (cont'd) I TV: I I PAGE 379 REGULAR MEETING - MAY 24, 1982 VOLUME 19 VII. PUBLIC HEARINGS: (Cont'd) restricted use of the Boat Harbor area to water related uses and that the property in question was currently zoned lip" Public District. He urged Council to consider the future expansion and projected needs of the Harbor area before entering into a lease such as the one proposed. Willard Dunham also appeared from the audience and spoke in opposition of the proposed lease. Richard Beissner, 214 Marathon Drive; Harold Davis, 609 Third Avenue; Don McCloud, 208 Marathon Drive; Marvin Richardson, Washington Street; Ivan Darbyshire, 304 Second Avenue; Ron Devereaux, 211 Marathon Drive; and Jerry Brossow, Bear Creek Drive, spoke in favor of the proposed lease. Dave Cich, 509 Third Avenue, voiced his concern that the placement of a facility such as the Elk's Lodge in the Boat Harbor area would cause an even greater influx of traffic to the area, compounding what is already a severe traffic congestion and parking problem. No one else appeared from the audience in order to be heard, and the public hearing was closed. Responding to a question from 0' Brien, City Attorney stated that since none of the Councilmembers had a substantial direct or indirect financial interest in the Elk's Lodge, their membership in the organization would not preclude their voting on any motion concerning the proposed lease. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried by all those present to instruct the administration to negotiate a lease with the Seward Elk's Lodge. C. Notice of public hearing as published twice in the local newspaper and posted was noted and the public hearing on proposed lease of the City's satellite receiving station to Resurrection Bay Entertainment Television, Inc. (RBETV) for the purpose of operating a pay television station in Seward was opened. City Manager noted the following items which had been supplied by Gary Ferguson, President of RBETV, at Council's request: Copy of agreement between Visual Entertainment Unlimited and RBETV; Personal financial statement for Gary L. Ferguson; Proformas for TV system and financial statements for Aleutian Services, Inc.; Letter of Intent from National Bank of Alaska; Copy of VEU's application to FCC; Copy of construction permit issued to VEU; Copy of RBETV's application for transfer of construction permit from VEU to RBETV; and Resume of work experience and business dealings for the past 21 years. Ferguson, appearing from the audience, stated that the only item not supplied was a copy of RBETV's application for FCC license, adding that he could not supply that until the station was operational. Don McCloud, 208 Marathon Drive; Willard Dunham, Forest Acres; and Dave Cich, 509 Third Avenue, all appearing from the audience, spoke in favor of granting the proposed lease. Beverly Dunham, Forest Acres, stated that the City should charge more than the $1800 annual lease fee which had been suggested. Hank LaDuke, general manager of KRXA Radio, appeared from the audience requesting permission for KRXA to receive and transmit radio signals from the receiving station. He went on to state that KRXA would like the opportunity to negotiate a lease with the City for the operation of a Mini TV station. No one else appeared from the audience in order to be heard, and the public hearing was closed. Following discussion, it was moved by O'Brien, seconded by Soriano and carried as follows to instruct the administration to negotiate a lease agreement with Resurrection Bay Entertainment Television, Inc. for the use of the City's satellite receiving station for the purpose of \~ il PAGE 380 REGULAR MEETING - MAY 24, 1982 VOLUME 19 VII. PUBLIC HEARINGS: (Cont'd) TV: (cont'd) operating a pay TV station for an annual rental fee of $1800, with the rental fee to be reviewed on a yearly basis: AYES: Burgess, O'Brien, Soriano, Swartz and Campbell Meehan Cripps NOES: ABSENT: VII I. CITIZENS' DISCUSSION: (With prior notice only) LOCAL PARKS REC: ORGS/ A. Terry O'Sullivan, Joint Federa1!State Trail Office; Clay & Bea1, U. S. Forest Service; and Joe Redington, Iditarod National Historic Trail Management Plan organizer, at Council's invitation, made a presentation regarding the status of the Iditarod National Historic Trail and the formation of the Trail Blazer Clubs. RECESS: The meeting was recessed at 9:15 p.m.; reconvened at 9:25 p.m. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: SISTER CITY/ 1. Copies having been made available to the public, RES: Campbell noted by title only proposed resolution relating to financing a trip to EXPO HOKKAIDO 1982 for the official representatives of the City of Seward, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS TO FINANCE A TRIP TO EXPO HOKKAIDO 1982, FOR THE OFFICIAL REPRESENTATIVES OF THE CITY OF SEWARD. City Manager noted that Council, at the May 10, 1982 meeting, had instructed the administration to arrange transportation and lodging for Mayor Cripps and Counci1member Swartz and their respective spouses for the journey to Japan to represent the City of Seward at the EXPO HOKKAIDO festivities. He added that he had been successful in obtaining reservations for only one couple thus far, but would continue his endeavors to secure the second set of reservations. It was moved by Soriano, seconded by Meehan and carried as follows to approve Resolution No. 82-25: NOES: ABSENT: ABSTAIN: Burgess, Meehan, O'Brien, Soriano and Campbell None Cripps Swartz AYES: 4TH OF JULY CREEK 2. AREA/RES: Campbell noted by construction of a Center, entitled: Copies having been made availab le to the public, title only two proposed resolutions relating to the transmission line to the Seward Marine Industrial A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING CONTRACT FOR CONSTRUC- TION OF SEWARD MARINE INDUSTRIAL PARK UTILITIES, 4TH OF JULY CREEK TRANSMISSION LINE, TO COMMONWEALTH ELECTRIC; and PAGE 381 REGULAR MEETING - MAY 24, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions (Cont'd) 4TH OF JULY CREEK AREA/ RES: (cont'd) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING CONTRACT FOR CONSTRUC- TION OF SEWARD MARINE INDUSTRIAL PARK UTILITIES, 4TH OF JULY CREEK TRANSMISSION LINE, TO POWER TWO, A JOINT VENTURE. I City Attorney noted that Power Two was the apparent low bidder with a bid for construction of the transmission line in the amount of $277,000. He noted the May 19, 1982, letter from Power Two requesting that their bid be rejected on the grounds that the proposal contained "clerical and/ or mathematical errors". The second low bid was submitted by Commonwealth Electric and totalled 439,000. City Attorney explained that Council had two options--either reject Power Two's bid and award to Commonwealth Electric or award to Power Two. If Council decided to award to Power Two, and Power Two failed to sign the contract within ten days, the City could then award the contract to Commonwealth Electric and forfeit Power Two's bid bond. At that time, Council could elect to bring suit against Power Two for the difference in the two bids. Following discussion, it was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 82-30, awarding the contract for construction of Seward Marine Industrial Park transmission line to Power City Construction, Inc., and Power Constructors, Inc., as Power Two, a Joint Venture, or as submitted on the bid documents, for the sum of $277,792.51. 4TH OF RES: JULY CREEK AREA/ 3. Campbell noted by Creek clearing and Copies having been made available to the public, title only proposed resolution relative to Spring relocation, entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING CONTRACT FOR PHASE IV, SEWARD MARINE INDUSTRIAL PARK, SPRING CREEK CLEARING AND RELO- CATION, TO STEPHAN & SONS, INC. Following discussion, it was moved by Soriano, seconded by O'Brien and unanimously carried by all those present to approve Resolution No. 82-31. 4TH OF JULY RES: CREEK AREA/ 4. Copies having been made available to the public, Campbell noted by title only proposed resolution awarding contract for the construction of breakwater cells number 17-22, inclusive, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING CONTRACT FOR SEWARD MARINE INDUSTRIAL PARK, PHASE III, DREDGING, BULKHEADS AND SHIPLIFT PIERS, A PORTION OF AD- DITIVE ALTERNATE NO.1, TO CHRIS BERG, INC. I City Manager noted that due to a surplus in administrative funds for the project, monies were available to complete the breakwater cells at this time, adding that if the City acted before May 31, the construction would be completed at the December 1981 prices which were originally quoted. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 82-32, awarding the contract in the amount of $1,499,000. SBH/RES: 5. Campbell noted construction of a Copies having been made available to the public, by title only proposed resolution relative to fish cleaning facility in the Boat Harbor, entitled: l II.,.) t) ., PAGE 382 REGULAR MEETING - MAY 24, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) SBH/RES: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAWRD, ALASKA, AWARDING CONTRACT FOR CONSTRUC- TION OF SMALL BOAT HARBOR FISH CLEANING FACILITY TO WELLS-BUILT HOMES, INC. Following discussion, it was moved by O'Brien, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 82-33, for a sum not to exceed $23,300. SBH/RES: 6. Campbell noted by construction of the Copies having been made title only proposed Coast Guard lift station, available to the public, resolution relative to entitled: A RESOLUTION OF THE CITY OF SEWARD, ALASKA, AWARDING CONTRACT FOR CONSTRUCTION OF UNITED STATES COAST GUARD LIFT STATION TO NOR- COAST MECHANICAL. City Manager noted May 17, 1982, letter from the U. s. Coast Guard approving construction of the lift station and stating that construction would be totally funded by the Coast Guard. Following discussion, it was moved by Soriano, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 82-34. PARKS & REC/RES: 7. Campbell noted by construction of two Copies having been made available to the public, title only proposed resolution relative to public restrooms, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING CONTRACT FOR CONSTRUC- TION OF TWO PUBLIC RESTROOMS TO METCO, INC. Following discussion, it was moved by Swartz, seconded by O'Brien and unanimously carried by all those present to approve Resolution No. 82-35, awarding the bid to METCO, Inc. for two restrooms in an amount not to exceed $66,221. PARKS & REC/RES: City Manager requested permission from Council to negotiate with METCO, Inc. for construction of a third public restroom. Following discussion, it was moved by 0' Brien, seconded by Meehan and unanimously carried by all those present to authorize the City Manager to negotiate with METCO, Inc. for construction of a third restroom at the best price possible. BUDGET/RES: 8. Copies having been made available to the public and distributed to Council, Campbell noted by title only proposed resolution relative to the City's Fiscal Year 1983 budget, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE CITY BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 1982. It was moved by O'Brien, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 82-36, adopting the Fiscal Year 1982-83 budget. 9. Deleted. PAGE 383 REGULAR MEETING - MAY 24, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) SBH/PARKS & REC! 10. Copies having been made available to the public and RES: distributed to Council, Campbell noted by title only proposed resolution finding that it would not be in the public interest to follow the bidding process for awarding the contracts for the fish cleaning facility and the public restrooms, entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RELATIVE TO THE CONTRACT FOR CON- STRUCTION OF SMALL BOAT HARBOR FISH CLEANING FACILITY AND CON- TRACT FOR CONSTRUCTION OF TWO PUBLIC RESTROOMS. Following discussion, it was moved by Meehan, seconded by O'Brien and unanimously carried by all those present to approve Resolution No. 82-37. X. UNFINISHED BUSINESS: OTS: A. May 18, 1982, memorandum from Police Lt. Don Earl regarding compliance with conditions set forth by the State Fire Marshal's office relative to Andrews' Army Store was noted. City Manager stated that this memorandum had been submitted for information only at Council's request that they be informed of the status of the building at the end of the 90 day period in which Andrews was to comply with the referenced conditions. XI. NEW BUSINESS: ISBH' A. May 11, 1982, letter from Claude Millsap, Department of Transportation, regarding preferential treatment of Seward residents in the renting of float space in the Small Boat Harbor was noted. City Manager informed Council that the City Code required that applications of Seward residents be given preference. Campbell, with Council consent, instructed the City Attorney to respond to the letter by informing Millsap that the float spaces are open to the general public, noting that most of the slips are rented to nonresidents of the City. PARKS & REC: B. City Manager stated that the administration had selected a spot adjacent to the City tennis court for a concrete monument to house the plaque commemorating Fort Raymond which had been presented to the City by the U. S. Army. He added that eventually the monument would contain a flag pole, two sign posts--one showing Resurrection Bay and one depicting the military installation--and a military gun, along with the pedestal on which the plaque was to be mounted. Following discussion, and at the request of the City Manager, it was moved by O'Brien, seconded by Burgess and unanimously carried by all those present to authorize the City Manager to negotiate a contract with METCO, Inc. for construction of a concrete pad for the sum of $6,950. WATER DEPT: C. City Manager requested approval of an increase to the Ottwater contract for engineering services relative to the Marathon Water/Hydro project in the amount of $15,000, adding that this phase of the engineering had been included in the original grant. He noted that the City had waited until funding for this phase of the engineering was assured before awarding this contract extension. Burgess questioned why proposals had not been sought from other firms. City Engineer explained that Ottwater had been involved in this project from the beginning, adding that the administration felt it was not wise to change firms in the middle of the project. Following further discussion, it was moved by Meehan, seconded by O'Brien and carried as follows to increase the Ottwater contract by a sum not to exceed $15,000: I '., -,. . ,"'lo...t PAGE 384 REGULAR MEETING - MAY 24, 1982 VOLUME 19 XI. NEW BUSINESS: (Cont'd) NOES: ABSENT: ABSTAIN: Burgess, Meehan, O'Brien, Soriano and Swartz None Cripps Campbell WATER DEPT: (cont'd) AYES: Note: Campbell abstained due to the fact that he is administrator of Seward General Hospital, and the Marathon Water/Hydro project is being constructed for the purpose of providing electrical power for the hospital. ELECTRIC DEPT: D. City Manager requested Council approval for the purchase of a new bucket truck for the Electric Department. City Engineer stated that he had looked at two possible trucks and recommended the purchase of a 1978 demonstration model bucket truck from Coast Crane, a Seattle dealer. Following discussion, it was moved by O'Brien, seconded by Soriano and unanimously carried by all those present to authorize the City Manager to prepare a resolution for the transfer of funds from the General Fund to purchase a bucket truck for a sum not to exceed $48,000. AIRPORT: E. May 18, 1982, letter from the Civil Aeronautics Board relating to essential air service to Seward was noted. City Manager read to Council the administration f s response to the CAB stating that unless scheduled service to Seward included at least two round trip flights per day between May 15 and September 30, the value of scheduled air service to Seward would be greatly diminished. XII. CITY MANAGER REPORTS: C HALL: A. City Manager asked for direction from Council relative to the use of Council Chambers by local groups. He stated that, when not being used by City Councilor the Advisory Planning and Zoning Commission, Chambers had been made available to any local group or organization, with the exception of religious groups, who requested same. Campbell, with Council consent, instructed the City Manager to continue with the present policy as outlined. RECESS: p.m. The meeting was recessed at 10:30 p.m.; reconvened at 10:35 SEWAGE TRMT: B. Assistant City Manager noted the following change orders to the contract with Brown and Associates relative to the Sewage Treatment Plant project: l. Change order number 8, increasing the contract in the amount of $307,512.67; and 2. Change order number 9, decreasing the contract in the amount of $137,277.73. He noted that the approval of these two change orders would bring the estimated project costto $6,629,845.60, adding that this was under the estimated project cost approved by the Environmental Protection Agency (EPA) in the amount of $6,777,522. Following discussion, it was moved by Soriano, seconded by Meehan and unanimously carried by all those present to approve Brown and Associates change order number 8, increasing the contract by $307,512.67, and change order number 9, decreasing the contract by $137,277.73. WATER DEPT: C. City Manager noted change order number 1 to the Elling Halvorson contract relative to the Marathon Water/Hydro project. He added that the amount of the original change order would have to be changed from $5,000 to $8,000 due to changed conditions which had been encountered at the project site. Following discussion, it was moved by O'Brien, seconded by Swartz and unanimously carried by all those present to approve change order number 1 to the Elling Halvorson contract in an amount not to exceed $8,000. PAGE 385 REGULAR MEETING - MAY 24, 1982 VOLUME 19 XII. CITY MANAGER REPORTS: (Cont'd) D. City Manager noted that this had been discussed earlier under Agenda item IX (C)(1). C MANAGER: E. City Manager noted his resignation dated May 24, 1982, and effective August 24, 1982. It was moved by O'Brien, seconded by Swartz and unanimously carried by all those present to accept the resignation of City Manager Johnny Johnson effective August 24, 1982. I LOCAL OTS: I C COUNCIL: I XIII. COUNCIL DISCUSSION: A. May 12, 1982, letter from the Alaska Seafood Marketing Institute relative to the selection of a representative to participate in the 1982 World's Fair in Knoxville, Tennessee, was noted. Campbell, with Council consent, instructed the City Clerk to transmit the letter to the Chamber of Commerce for consideration. B. May 17, 1982, letter from Robert Heasley, North Pacific Rim Housing Authority(NPRHA), regarding proposed development of an apartment complex on Lots 28-40, Block 12, Original Townsite of Seward, was noted. John Gillespie, representing NPRHA, appeared from the audience and requested that the City either give or sell at fair market value (without going to public bid) the City-owned Lot 28, Block 12, OTS. He indicated that NPRHA had an option on Lots 29-40, and while Lot 28 was not needed to meet any particular requirements before construction would be allowed, NPRHA wanted to have as much open space as possible around the apartment site so that play areas, trails and picnic areas could be provided. Gillespie went on to state that NPRHA was requesting the City's permission to vacate the paper platted First Avenue bordering the referenced lots, adding that the Housing Authority was interested in acquiring the City's share of the vacated property. Following further discussion, it was moved by Soriano, seconded by O'Brien and failed to carry as follows to instruct the administration to get an appraisal on Lot 28, Block 12, Original Townsite of Seward and to put it out to bid: O'Brien, Soriano and Campbell Burgess and Meehan Cripps Swartz Note: Swartz, an employee of the North Pacific Rim, abstained due to a conflict of interest. It was moved by Meehan, seconded by Burgess and carried as follows to authorize the City Manager to have the property in question appraised: Burgess, Meehan, O'Brien, Soriano and Campbell None Cripps Swartz C. Campbell read publicly his resignation from the City Council, effective immediately, and informed the Clerk that he would submit a typed and signed resignation on May 25. It was moved by O'Brien, seconded by Meehan and carried as follows to accept the resignation of Mr. Campbell: Burgess, Meehan, O'Brien, Soriano and Swartz None Cripps Campbell Campbell then left his place on the audience. City Attorney suggested chairperson for this meeting only. podium and took a place in the that Council appoint an acting Following discussion, it was moved ORGS: AYES: NOES: ABSENT: ABSTAIN: AYES: NOES: ABSENT: ABSTAIN: AYES: NOES: ABSENT: ABSTAIN: , ' " .' , PAGE 386 REGULAR MEETING - MAY 24, 1982 VOLUME 19 XIII. COUNCIL DISCUSSION: (Cont'd) C COUNCIL: Swartz, seconded by Burgess and unanimously (cont'd) to appoint Charles Soriano to serve as balance of the meeting. carried by all those present temporary chairman for the C COUNCIL: D. 0' Brien stated that it was urgent that a new Counci1member be appointed immediately to fill the vacancy left by Campbell's resignation, adding that Council also had to consider filling the City Manager's position, and a full 7-member Council was needed for that. Burgess objected to taking any action without the presence of the Mayor stating that he thought it was completely wrong and not in the best interest of the City. Soriano stated that the Council had been experiencing an attendance problem for some time and that the Mayor had missed several meetings recently making it difficult to have a full Council present to consider any measure; Meehan and O'Brien concurred. Following further discussion, it was moved by Meehan, seconded by O'Brien, and carried as follows to appoint Pam 01dow to the vacant seat: ,- AYES: NOES: ABSENT: Meehan, O'Brien, Soriano and Swartz Burgess Cripps XIV. CITIZENS' DISCUSSION: A. Beverly Dunham appeared from the audience and stated that she felt that Council had made a serious mistake in filling the vacancy as they did, adding that the public perception would be that everything from the resignation of the City Manager through the appointment of Oldow was staged. Swartz took exception to this statement, noting that Council had no control over the resignation of either the City Manager or one of its members. XV. ADJOUR <>-rl, ',)''i! .... -r : ~ 1'- J~ e1'l\ee t :t:ng ,~fl~ '" ' ~-.;" ' ::i ~ journed at 11:45 p.m. '::2, ------------------------------------------------------------------------ PAGE 386 REGULAR MEETING - JUNE 14, 1982 VOLUME 19 I. CALL TO ORDER: The regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Swartz led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Meehan, O'Brien, Soriano and Swartz Present also: City Manager Johnson, Assistant City Manager Schaefermeyer, City Attorney Arvidson and City Clerk Murphy PAGE 387 REGULAR MEETING - JUNE 14, 1982 VOLUME 19 POINT OF ORDER: Cripps stated that, according to Robert's Rules of Order, Pamela F. Oldow had been legally appointed to the Council at the May 24, 1982, meeting, and that she should now be sitting on the dais with the rest of the CounciL City Attorney advised Council that the passage referred to in Robert's Rules applied only to elected offices, not appointments. He went on to state that until Oldow formally accepted the appointment, this was a moot point. I IV. APPROVAL OF MINUTES: Burgess stated that an error appeared on Page 378, Item B, Public Hearings. He requested that the following be deleted from the minutes: "Ray Gillespie, 207 Resurrection Blvd., U#UU-dlittl/i'lt~ 3~witd/~'lti~~~t/~t/~~~~ti~i...... Following discussion, it was moved by Burgess, seconded by Meehan and unanimously carried to deleted that portion of the minutes referring to Gillespie as a representative of the Seward Chamber of Commerce. It was moved by Soriano, seconded by O'Brien and unanimously carried to approve the May 24, 1982, regular meeting minutes as amended. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request of the City Manager, it was moved by O'Brien, seconded by Swartz and unanimously carried to meet in executive session immediately following the close of regular business to discuss possible litigation relative to the Seward Marine Industrial Center utilities. I City Manager requested the following additions to the regular meeting agenda: IX. ORDINANCES AND RESOLUTIONS: C. Resolutions: 8. Proposed Resolution No. 82-45, approving a $4,000,000 grant from the State of Alaska 9. Proposed Resolution No. 82-46, designating the hours for a special exception holiday 10. Proposed Resolution NO. 82-47, relating to the State Ferry contract XI. NEW C. D. E. BUSINESS: City Insurance Contract Change Order Number 3 for the Marathon Hydro project June 14, 1982, letter from Esther Werner regarding hours of operation of liquor establishments within the City on July 4, 1982. Following discussion, it was moved by Soriano, seconded by Meehan and unanimously carried to approve the regular meeting agenda as amended and the consent calendar as presented, and the following actions were taken: 1. May 24, Council accepted 1982, resignation as submitted by and filed. from the Seward C. Keith Campbell City was I 2. June 8, 1982, letter to Alaska Power Authority relating to the Grant Lake Hydro-Electric proj ect was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Schaefermeyer gave a verbal 1982. Borough Assembly Representative Darryl report of the Assembly meeting of June 1, PAGE 388 REGULAR MEETING - JUNE 14, 1982 VOLUME 19 VII. PUBLIC HEARINGS: OTS: A. City Manager noted that a request had been received from the North Pacific Rim Housing Authority (NPRHA) concerning the acquisition of Lot 28, Block 12, Original Townsite of Seward for the purpose of constructing a 26-unit apartment complex, adding that Council had, at its May 24, 1982, meeting, instructed the administration to have the subject property appraised and to schedule a public hearing on the disposition of same. John Gillespie, representing NPRHA, stated that his clients planned to bid this project this Fall with occupancy projected for Spring 1983. He added that without this lot, the project could not proceed. Notice of Public Hearing as published once in the local newspaper and posted was noted, and the public hearing was opened; no one appeared from the audience to be heard, and the public hearing was closed. Following discussion, it was moved by Meehan, seconded by Burgess and carried as follows to authorize the administration to sole-source Lot 28, Block 12, Original Townsite of Seward to North Pacific Rim: -I 1 AYES: NOES: ABSENT: ABSTAIN: Burgess, Cripps, Meehan, O'Brien and Soriano None None Swartz Swartz abstained due to the fact that she is employed by North Pacific Rim. OTS: B. City Manager noted that North Pacific Rim Housing Authority (NPRHA) had requested the vacation of that portion of First Avenue bordered by Lots 28-40, Block 12, Original Townsite of Seward and the acquisition of the City's portion of said vacated property. He added that Council had, at its regular meeting of May 24, 1982, instructed the administration to have the property appraised and to schedule a public hearing on the vacation and disposition of same. John Gillespie, representing NPRHA, stated that although the vacated property was not necessary to comply with City and State building regulations, this additional property was necessary to meet HUD requirements. NPRHA's plans for this area include open areas, trails, picnic areas and a sliding area for children. Notice of Public Hearing as published once in the local newspaper and posted was noted and the public hearing was opened. Willard Dunham, Forest Acres, appeared from the audience and spoke in opposition to cutting off access to the hillside properties west of the vacated street. Sandy Wasillie, Lowell Canyon Road, questioned the need for vacating the street. Nick Ambrose, architect for NPRHA, stated that according to HUD regulations, they would need 20 feet in front of the building and 40 feet behind it. No one else appeared from the audience in order to be heard, and the public hearing was closed. Following discussion, it was moved by Meehan, seconded by Soriano and carried as follows to vacate the street, reserving public access and easements for such amount as not necessary for HUD requirements, including a reverter clause stating that if the proj ect does not go through, it will revert back to the City: AYES: NOES: ABSENT: ABSTAIN: Burgess, Cripps, Meehan, O'Brien and Soriano None None Swartz Swartz abstained due to the fact that she is employed by North Pacific Rim. VIII. CITIZENS' DISCUSSION: (With prior notice only) JESSE LEE HOME: A. Shirley Reynolds appeared from the audience and requested City approval of an application to place the Jesse Lee Home on the National Historic Register. Following discussion, it was moved by O'Brien, seconded by Swartz and unanimously carried to authorize the administration to pursue getting the Jesse Lee building placed on the National Historic Register. PAGE 389 REGULAR MEETING - JUNE 14, 1928 VOLUME 19 VIII. CITIZENS' DISCUSSION: (With prior notice only) (Cont'd) C COUNCIL: B. June 14, 1982, letter from Pamela F. Oldow concerning her appointment to fill the Council vacancy created by the resignation of C. Keith Campbell was read into the record by Cripps. 01dow stated that she would be honored to serve in this capacity but felt that the full Council should reconsider the appointment to avoid any controversy relative to the procedures which were followed at the May 24, meeting. Ron Lewis, 417 Sixth Street; Willard Dunham, Forest Acres; and Sandy Wasillie, Lowell Canyon Road appeared from the audience and spoke in opposition to the action taken by Council at their last meeting, stating that the public was not allowed to address the issue and that Council failed to follow the precedent of selecting the next highest vote-getter from the last election to fill the vacancy. Soriano countered by stating that of the last 16 appointments made by Council, only 6 had run in the election preceding their appointments. In response to a question from Jan Trettner, City Attorney stated that there is no policy governing the appointment process in either the Charter or the Code. City Attorney, responding to a question from Burgess, stated that the legal issue was not whether the matter was actually urgent, but whether a majority of the Councilmembers present considered the matter urgent in nature, adding that 3 of the 5 members present stated in open session that the urgency did exist. Meehan expressed his apologies to Oldow for involving her in this controversy. I SPECIAL ITEM: C COUNCIL A. Following discussion, it was moved by Burgess and seconded by Cripps to follow established procedure and appoint Mary Lewis to fill the vacancy. Following further discussion concerning whether there was an established precedent for selecting the next highest vote-getter to fill a vacancy on Council, it was moved by Meehan, seconded by O'Brien and carried as follows to table Burgess' motion: I AYES: NOES: ABSENT: Meehan, O'Brien, Soriano and Swartz Burgess and Cripps None It was moved by Meehan, seconded by Soriano and failed as follows to appoint Pam Oldow to fill the vacant chair of Keith Campbell: AYES: NOES: ABSENT: Meehan, O'Brien and Soriano Burgess, Cripps and Swartz None It was then moved by Burgess, seconded by Swartz and carried as follows to appoint John Gillespie to fill Keith Campbell's seat: AYES: NOES: ABSENT: Burgess, Cripps, Meehan, O'Brien and Swartz Soriano None Gillespie, who was seated in the audience, accepted the appointment to Council, his term to expire in October, 1982. RECESS: The meeting was recessed at 9:10 p.m.; reconvened at 9:25 p.m. I Gillespie came forth, was sworn by the Clerk and took his seat on the dais to participate in the remainder of the meeting. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: C COUNCIL/ORD: Cripps read the Seward entitled: 1. Copies having been made available to the public, by title only proposed ordinance amending that section of City Code relating to addressing the Council by the public ;-; \ 1 () PAGE 390 REGULAR MEETING - JUNE 14, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C COUNCIL/ORD: (cont'd) A. Ordinances for Introduction: (Cont'd) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 2.20.130 OF THE SEWARD CITY CODE, RELATING TO ADDRESSING THE COUNCIL BY THE PUBLIC. City Attorney explained that the purpose of this ordinance was to clean up this section of the Code, bringing it into compliance with procedures currently being followed by the Council; i. e., limiting public input during public hearings to citizens or taxpayers of the City and opening up the first Citizens' Discussion to anyone having business with the Council. In response to a question from Cripps, City Attorney explained that "taxpayer" refers to one paying real property taxes. Following discussion, it was moved by O'Brien, seconded by Soriano and unanimously carried to introduce proposed Ordinance No. 509. The public hearing was scheduled for the June 28, 1982, regular meeting. B. Ordinances for Public Hearing and Enactment: None C. Resolutions: C CLERK/RES: Cripps read destruction of 1. Copies having been made available to the public, by title only proposed resolution authorizing the certain municipal records, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE DESTRUCTION OF CERTAIN MUNICIPAL RECORDS BY THE CITY CLERK. Following discussion, it was moved by Meehan, seconded by O'Brien and unanimously carried to adopt Resolution No. 82-38. SEWAGE TRMT/RES: 2. Copies having been made available to the public, Cripps read by title only proposed resolution regarding successful completion of the Seward Sewer Interceptor and Waste Water Treatment Facility, entitled: A RESOLUTION OF THE CITY COUNCIL OF SEWARD, ALASKA, REGARDING SUCCESSFUL COMPLETION OF THE SEWARD SEWER INTERCEPTOR AND WASTE WATER TREATMENT FACILITIES PROJECT. Following discussion, it was moved by Soriano, seconded by Burgess and unanimously carried to adopt Resolution No. 82-39. PARKS & REC/RES: 3. Copies having been made available to the public, Cripps read by title only proposed resolution awarding a contract to METCO, Inc. for the construction of a third public restroom, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING CONTRACT FOR CONSTRUC- TION OF ONE ADDITIONAL PUBLIC RESTROOM TO METCO, INC. City Manager noted that this was a follow-up measure to the action taken by Council at the May 24, 1982, regular meeting and recommended Council approval of the resolution. It was moved by Burgess, seconded by Meehan and unanimously carried to approve Resolution No. 82-40. PAGE 391 REGULAR MEETING - JUNE 14, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) PARKS & REC/RES: Cripps read Inc. for a entitled: 4. Copies having been made available to the public, by title only a resolution awarding a contract to METCO, concrete slab to house the Ft. Raymond war memorial, I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, FOR THE CONSTRUCTION OF CEMENT PAD FOR FT. RAYMOND MEMORIAL. City Manager noted that this was another follow-up to action taken at the May 24, regular meeting and recommended Council approval of the resolution. It was moved by Meehan, seconded by Burgess and unanimously carried to approve Resolution No. 82-41. ELECTRIC DEPT/RES: Cripps read of a bucket 5. Copies having been made available to by title only a proposed resolution authorizing truck, entitled: the public, the purchase A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER OF THE CITY OF SEWARD TO PURCHASE A HYDRAULIC BUCKET TRUCK FOR USE BY THE ELECTRICAL UTILITY. City Manager noted that the truck originally agreed upon by the Council was no longer available and requested that the following changes be made to the resolution: I 1. The name of the vendor should read "Cascade Service in Great Falls, in the ninth paragraph Hydraulic & Utility Montana. 2. The price of the vehicle should read $40,000. He added that Electrical Foreman Darbyshire had inspected the truck and found it satisfactory. Following discussion, it was moved by Swartz, seconded by Burgess and unanimously carried to approve Resolution No. 82-42, as amended by the City Manager. BUDGET/RES: 6. Copies having been made available to the public, Cripps read by title only a proposed resolution relating to the identification and allocation of monies for capital projects, entitled: A RESOLUTION AMENDING CITY OF SEWARD RESOLUTION NO. 82-10, IDENTIFYING THE CAPITAL PRO- JECTS AND THE AMOUNT ALLOCATED TO EACH PROJECT IN ACCORDANCE WITH HCS CSSB 168 (FINANCE) 1981 SESSION. I FOURTH AREA/ RES: Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried to approve Resolution No. 82-43. OF JULY CREEK 7. Copies having been made available to the public, Cripps read by title only a proposed resolution awarding a contract for the construction of the Seward Marine Industrial Park utilities transmission line to the second lowest bidder, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING CONTRACT FOR CONSTRUC- TION OF SEWARD MARINE INDUSTRIAL PARK UTILITIES, 4TH OF JULY CREEK TRANSMISSION LINE, TO COMMONWEALTH ELECTRIC. .. ~.). " ' " PAGE 392 REGULAR MEETING - JUNE 14, 1982 VOLUME 19 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) FOURTH OF JULY CREEK AREA/RES: (cont'd) City Attorney explained that when the bids for this project were opened on May 13, 1982, Power Two, a Joint Venture, was the apparent low bidder with a bid of $277.792.51. Since that time, Power Two had requested permission to withdraw its bid due to a technical or clerical error found in the bid documents it had submitted to the City. The Council elected to award the contract to Power Two, giving the company ten days in which to accept the contract. The resolution before Council had been prepared due to the possibility that Power Two may have chosen not to accept the award of the contract. City Attorney went on to explain that Power Two had now signed the Notice of Award and had agreed to undertake the project for the $277,792.51 originally bid. Cripps, with Council consent, tabled the proposed resolution. In response to a question from O'Brien. the City Engineer stated that the City was considering contracting with a firm to do the inspection of this project so that a very close eye could be kept on its progress. FOURTH OF JULY CREEK 8. Copies having been made available to the public, AREA/RES: Cripps noted by title only a proposed resolution accepting a $4,000,000 grant from the State of Alaska, entitled: A RESOLUTION APPROVING THE RE- CEIPT OF A MUNICIPAL ASSISTANCE GRANT FROM THE STATE OF ALASKA FOR THE FOURTH OF JULY CREEK MARINE INDUSTRIAL PARK. Following discussion, it was moved by O'Brien, seconded by Burgess and unanimously carried to approve Resolution No. 82-44, approving receipt of a municipal assistance grant. LOCAL ORGS/TRANSIENT MERCHANTS/ Cripps noted by RES: special holiday 9. Copies having been made available to the public, title only a proposed resolution fixing the hours for a exemption to the transient merchant ordinance, entitled: A RESOLUTION IN COMPLIANCE WITH SECTION 16-10 OF THE SEWARD CITY CODE DESIGNATING THE HOURS FOR A SPECIAL EXCEPTION HOLIDAY AND RE- PEALING RESOLUTION NO. 80-33. Following discussion, it was moved by Swartz, seconded by Burgess and unanimously carried to approve Resolution No. 82-45. WATERFRONT RES: TRACTS/ Cripps noted dock license 10. Copies having been made available to the public, by title only a proposed resolution approving the lease and agreement with the State Ferry System, entitled: A RESOLUTION PROVIDING FOR THE DISPOSAL BY LEASE OF THE "OLD DEPOT" BUILDING AND PREFEREN- TIAL USE OF THE 4TH AVENUE DOCK BY THE STATE FERRY SYSTEM. City Manager noted that the old lease agreement was due to expire on June 30, 1982, and added that the only change this year was a ten percent (10%) increase in the charges to the State. Following discussion, it was moved by Soriano, seconded by Meehan and unanimously carried to approve Resolution No. 82-46. X. UNFINISHED BUSINESS: A. City Manager noted that this agenda item had been discussed under agenda item number 7, Resolutions. PAGE 393 REGULAR MEETING - JUNE 14, 1982 VOLUME 19 XI. NEW BUSINESS: I OCEANVIEW SUB: A. Request for Proposals for the development of Tract A, Block 8, Oceanview Subdivision as published twice and posted was noted. City Manager opened the one proposal received by the Clerk's office--a proposal from Ray Evarts, dba Kachemak Food Cache, for a thirty (30) year lease of the subject property for the purpose of constructing and operating a supermarket. Accompanying the proposal was a cashier's check in the amount of $1,560, representing 10% of the first year's lease payment. Connie Bencardino appeared from the audience and stated that she was representing a client who would like a chance to submit a proposal to Council for the construction of a boat storage and mini warehouse facility on the property. City Manager noted that the deadline for receipt of proposals was Friday, June 11, at 12:00 Noon. City Attorney noted that the only way Council could accept a proposal from Bencardino's client would be to reject the proposal submitted by Evarts and re-advertise. Following discussion, it was moved by Soriano, seconded by Swartz and carried as follows to authorize the administration to enter into negotiations with Mr. Ray Evarts for the development of Tract 8, Block 8, Oceanview Subdivision: AYES: Burgess, Cripps, Meehan, O'Brien, Soriano and Swartz Gillespie None NOES: ABSENT: Gillespie noted that a concept plan should be prepared outlining the future needs in the Harbor area, adding that he could not vote in favor of any development in that area until such a plan was developed. I MARINA SUB: B. Request for proposals for the development of Lot 7, Block 1, Marina Subdivision as published twice and posted was noted. City Manager opened the only proposal received by the Clerk's office--a proposal from Ray Evarts, dba Kernel McRays, and an accompanying cashier's check in the amount of $6,216 (representing the first year's lease payment) for a thirty (30) year lease of the subject property for the purpose of constructing and operating a fast-food establishment. City Manager noted that the City Code would not allow Evarts to place a mobile unit on the property. Evarts, appearing from the audience, responded that there was no problem with that provision, but he would like to request that the first year's lease be reduced to 10% of the amount requested pending financing of a permanent structure on the property. Following discussion, it was moved by Soriano, seconded by Meehan and carried as follows to authorize the administration to enter into negotiations with Ray Evarts for development of Lot 7, Block 1, Marina Subdivision: AYES: NOES: Burgess, Cripps, Meehan, O'Brien and Soriano Gillespie and Swartz Gillespie once again noted that his "no" vote was based on the lack of a concept plan for the Harbor area. OCEANVIES SUB: At the request of the City Manager, it was moved by O'Brien, seconded by Soriano and carried as follows to instruct the administration to pro cede with rezoning of Tract A, Block 8, Oceanview Subdivision: I AYES: Burgess, Cripps, Meehan, O'Brien, Soriano and Swartz Gillespie None NOES: ABSENT; INSURANCE: C. City Manager noted that an insurance package was available to the City through the Alaska Municipal League (AML) which would not only save the City approximately $27,986 next year, but would provide more coverage as well. He added that the City's present insurance carrier had been given an opportunity to rebid its insurance package, but had still been nearly $28,000 over that offered by AML. Following discussion, it was moved by Burgess, seconded by Meehan and unanimously carried to accept the insurance plan as presented by the City Manager. ')('.1 PAGE 394 REGULAR MEETING - JUNE 14, 1982 VOLUME 19 XI. NEW BUSINESS: (Cont'd) WATER DEPT: D. City Manager noted change order number 3 from Elling Halvorson for the Marathon Hydro project in the amount of $6,800 to cover insulation of underground pipe, adding that all costs would be funded by the Alaska Energy Center. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried to authorize the payment of change order number 3 in the amount of $6,800 on the Marathon Hydro project. ABCB: E. June 14, 1982, letter from Esther Werner, Yukon Liquor Store, requesting that City liquor establishments be allowed to open at 8:00 a.m. on Sunday, July 4, was noted. City Attorney stated that the City Code did not provide for any deviation from the hours outlined therein, and the request could not be granted. I- I I XII. CITY MANAGER REPORTS: A. June 7, 1982, memorandum from Harbormaster Singleton regarding the Harbormaster's Building summer schedule was noted. City Manager stated that a number of complaints had been received about the Harbor being closed at night, adding that the purpose of this memo was to set forth the reasons for the closures. B. June 24, 1977, letter from the regarding the proper display of the U. S. Flag was explained that this was in response to numerous display of the flag in the Small Boat Harbor. U. S. Coast Guard noted. City Manager inquiries about the FOURTH OF JULY C. June 7, 1982, memorandum from City Engineer Small CREEK regarding the final bill as submitted by Century Quadra (C/Q) for AREA: construction services relating to the relocation of Fourth of July Creek was noted. City Engineer stated that while the charges totalling $33,402.17 were proper and just, he was disturbed by the fact that the City was not billed until three months after the services were performed. He further noted that this charge included a $13,064.39 cost overrun caused by the extension of Chris Berg's contract. After a thorough review of the invoices as submitted by C/Q, City Engineer recommended that this final bill be approved for payment. Following discussion, it was moved by Swartz, seconded 'by Gillespie and unanimously carried by approve the payment of the final bill from C/Q. D. June 3, 1982, memorandum from City Engineer Small regarding proposed trip to meet with SYNCRO LIFT officials was noted. City Manager added that he and Small would also be meeting with representatives of Kellogg regarding the road to Lowell Point, as well as Chris Sauer of Torkelson-Kellogg and Paul Flask of Wheelabrator-Frye. E. City Manager noted that Joe Redington would be in Seward on July 4, with a sign officially designating Seward as the start of the Iditarod National Historic Trail. Meehan added that the sign had been donated by the Trail Blazers Club. Cripps, with Council consent, granted permission to place the sign in the downtown park area. F. City Manager noted that the City would be receiving $474,576 in per capita grant monies from the State and that a resolution would be needed accepting the grant, identifying how the monies are to be spent, and allocating the amounts to be spent on each project. City Engineer suggested that Council consider using the money for Lowell Creek Tunnel engineering. LOBBYIST: G. City Manager noted that Kent Dawson I s lobbying contract with the City had expired, adding that Council should be looking towards next year's lobbying efforts. Following discussion, it was moved by O'Brien, seconded by Swartz and unanimously carried to solicit a proposal from Dawson. PAGE 395 REGULAR MEETING - JUNE 14, 1982 VOLUME 19 XIII. COUNCIL DISCUSSION: I A. O'Brien stated that the City should consider printing and distributing a newsletter outlining for the public what is going on within the City. Swartz stated that she was concerned with placing an added burden on City employees, adding that any interested citizen could always come to the City Council meetings. Meehan and Soriano spoke in favor of the newsletter. Gillespie added his support, but stated that the newsletter would probably have more impact if distributed quarterly. City Manager agreed to have an outline of the cost of preparing and distributing a City newsletter for Council review at the June 28, regular meeting. B. Burgess suggested that the Council follow the same procedures Valdez used in soliciting City Manager applications. City Manager stated that Council needed a work session to clear the air and to decide what they want in a Manager and what they want in the ad. Cripps, with Council consent, scheduled a closed work session for 7:00 p.m., Monday, June 21. Burgess requested that the City Attorney draft an ordinance for introduction at the June 28, meeting repealing Ordinance No. 505, relating to the appointment of elective officers to the city manager position. XIV. CITIZENS' DISCUSSION: XV. ADJOURNMENT: I The meeting was adjourned at 11:15 p.m., and following a short recess, reconvened to an executive session to discuss possible litigation ,~~~r~e Fourth of July Marine Industrial Center utilities. ,/,,~ Of ~ FI~,. ~ ',.-' -'<\ ,-'.>,+:\.'i-"i:'.'-' .: .,) ~ ,. .... . _;.:..(.,_ ~~\ , i....;~ 'l~'~l,.>. "j '.- \;'~, '.... - . \; ~ " h ( , /~, / / l . .[' J''L-,,-!/~L' . C <<,7.7-, Donald W. Cripps ' Mayor City ----------------------------------------------------------------------- PAGE 395 SPECIAL MEETING - JUNE 21, 1982 VOLUME 19 I. CALL TO ORDER: The June 21, 1982, special meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember 0' Brien led the pledge of allegiance to the flag. I III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan, O'Brien, Soriano and Swartz Present also: Acting City Manager Schaefermeyer and City Clerk Murphy , ~, I, , \, PAGE 396 SPECIAL MEETING - JUNE 21, 1982 VOLUME 19 IV. SPECIAL ITEM: 4TH OF JULY CREEK AREA: A. June 17, 1982, memorandum from Proj ect Engineer Forbes relative to the Spring Creek clearing and relocation project and change order number 1 to the Stephan and Sons contract in the amount of $59,400, were noted. Acting City Manager explained that the administration was recommending approval of the change order which would allow the contractor ,to strip and remove the orga.n;tc materials from the 6.4 acre parcel which they were now clearing. This area would then be filled by Chris Berg with dredge materials directly from the dredge site, resulting in a savings to the City of $75-100 Thousand over going back at a later date and moving the dredge materials by truck. V. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: 4TH OF JULY CREEK AREA/RES: Cripps number 1. Copies having been made available to the public, noted by title only proposed resolution approving change order 1 to the Stephan and Sons contract, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN AWARD OF CHANGE ORDER NO. 1 TO THE SPRING CREEK CLEARING AND RELOCATION PROJECT, NO. 242000. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried to approve Resolution No. 82-47. VI. CITIZENS' DISCUSSION: None VII. ADJOURNMENT: The meeting was adjourned at 7:10 p.m., and after a short recess, the Council reconvened in closed work session to discuss the selection of a new city manager. ( I / i K / .,) l . ' {('>L{ll, (/1 /4'/. Donald W. Cripps Mayor PAGE 1 REGULAR MEETING - JUNE 28, 1982 VOLUME 20 1. CALL TO ORDER: The June 28, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. 11. OPENING CEREMONY: Councilmember 0 I Brien led the pledge of allegiance to the flag. I Ill. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan, O'Brien, Soriano and Swartz Present also: City Manager Schaefermeyer, Clerk Murphy Johnson, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: 1 t was moved by Burgess, seconded by Swartz and unanimously carried to approve the June 14, 1982, regular meeting minutes and the June 21, 1982, special meeting minutes 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 Meehan and unanimously carried to hold an executive session immediately following the regular meeting to discuss a legal matter. The City Manager requested that the following additions be made to the regular meeting agenda: I IX. ORDINANCES AND RESOLUTIONS: C. Resolutions: 1. Proposed Resolution No. reappropriating funds to the Services Exchange Project account 2. Proposed Resolution NO. reappropriating funds to finance a Japan for hostesses for the Alaska at EXPO HOKKAIDO 1982. 82-50, General 82-51, trip to exhibit XI. NEW BUSINESS: B. June 24, 1982, letter from Chris Sauer relative to the Torkelson-Kellogg lease of property in the Seward Marine Industrial Center XII. CITY A. MANAGER REPORTS: Approval of July 4, fireworks display to be conducted by the Seward Chamber of Commerce Purchase of a vehicle Seward Fisheries camping area B. C. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried to approve the regular meeting agenda as amended and the consent calendar as presented, and the following actions were taken: I 21O/ACCOUNTS PAYABLE 1. June 2, 1982, Finance Department's list of accounts payable totalling $1,304,176.54, was approved for payment and filed. 2. June 21, 1982, letter from City Attorney changes in the Anti-Trust law was information and filed. relative to noted for VI. aOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Representative Darryl Schaefermeyer gave a verbal report of the Assembly meeting of June 15, 1982. PAGE 2 REGULAR MEETING - JUNE 28, 1982 VOLUME 20 VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: (With Prior Notice Only) A. Eric Marchegiani of the Alaska Power Authority (APA) reported on the progress and proposed future development of the Grant Lake Hydro proj ect, stating that the APA plans to apply for Federal Energy Regulatory Commission (FERC) licensing next February or March; he added that, if all goes well, power would be on-line in 1986. He further explained that cost of the power was impossible to estimate at this time due to current legislation which requires that all power projects pay their proportionate share of debt services. In response to a question from Burgess, Marchegiani stated that, while the APA has the final say as to which locality will get the power, the City and concerned citizens have an opportunity to give input to the APA Board. He added that the State would retain ownership of the Grant Lake facility, but the City of Seward would probably be asked to operate it. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: ADMINISTRATION! 1. Copies having been made available to the public, ORD: Cripps noted by title only a proposed ordinance amending that section of the City Code relating to the appointment of Councilmembers to administrative positions, entitled: AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, RELATING TO ADMINISTRATION, AMENDING SECTION 2.30.050 OF THE SEWARD CITY CODE. Burgess stated that his purpose in introducing this ordinance was to return the City Code to its original form, requiring that one year elapse following the expiration of a councilmember' s term of office before s!he would be eligible for appointment to the City Manager position. In response to a question from Burgess, City Attorney explained that, if enacted prior to appointment of the next City Manager, this ordinance would exclude former Councilmember C. Keith Campbell from consideration for the position. Burgess stated for the record that he had made a motion in January to return the City Code to this form, but had been overruled by the Council. Following discussion, it was moved by Burgess and seconded by Gillespie to introduce proposed Ordinance No. 510. Following further discussion as to parliamentary procedure, it was moved by Soriano, seconded by Gillespie and carried as follows to table the motion indefinitely: AYES: Cripps, Gillespie, Meehan, O'Brien, Soriano and Swartz Burgess NOES: B. Ordinances for Public Hearing and Enactment: ADMINISTRATION (C COUNCIL)! ORD: 1. Copies having been made available to the public, Cripps noted by title only a proposed ordinance relating to addressing the Council by the public, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 2.20.130 OF THE SEWARD CITY CODE, RELATING TO ADDRESSING THE COUNCIL BY THE PUBLIC. Notice of Public Hearing as published twice in the local newspaper and posted was noted and the public hearing was opened. Willard Dunham and Jan Trettner, appearing from the audience, requested clarification of portions of the proposed ordinance. City Attorney explained that the purpose of the ordinance was to bring the Code into conformity with current practices of the Council and to limit those who can address the i-} PAGE 3 REGULAR MEETING - JUNE 28, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) B. Ordinances for Public Hearing and Enactment: (Cont'd) ADM. (C COUNCIL)/ ORD: (cont'd) Council to persons having business with the Councilor an interest in the City. No one else appeared from the audience in order to be heard and the public hearing was closed. Following discussion, it was moved by Meehan, seconded by O'Brien and unanimously carried to adopt Ordinance No. 509. I RECESS: The meeting was recessed at 8:39 p.m.; reconvened at 8:45 p.m. C. Resolutions: ADM. (C RES: CLERK)/ Cripps noted by the City Clerk, 1. Copies title only entitled: having been made available to the public, a proposed resolution setting the salary for A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SETTING THE SALARY FOR THE CITY CLERK AND RESCINDING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH. City Manager noted that the pay increase of 10.3 percent was based on a 7.8 percent cost of living increase and a 2.5 percent step increase, bringing the Clerk's monthly salary to $2950. It was moved by Swartz, seconded by 0' Brien and unanimously carried to approve Resolution No. 82-48. 4TH OF JULY CREEK 2. Copies having been made available to the public, AREA/RES: Cripps noted by title only a proposed resolution authorizing a contract for inspection services relative to the utilities transmission line for the Fourth of July Creek Industrial Center, entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHO- RIZING A CONTRACT WITH CH M HILL TO PROVIDE THE INSPECTION SEftVICES FOR THE FOURTH OF JULY CREEK TRANSMIS- SION LINE PROJECT. In response to an objection from Burgess that the City was once again letting a contract without first getting proposals from other companies, City Manager explained that the City had intended to perform the inspection on this project in-house, but felt that because of the extremely low bid received from Power Two and their reluctance to accept the contract at the amount bid, it would be advisable to hire CH2M Hill to provide inspection services. Following discussion, it was moved by O'Brien, seconded by Soriano and unanimously carried to approve Resolution No. 82-49. SCHOOLS/SISTER 3. Copies having been made available to the public and CITY/RES: distributed to Council, Cripps noted by title only a proposed resolution reappropriating funds to finance a portion of the cost of the Seward High School Band and Choir's trip to Japan, entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, MAKING AN APPROPRIATION FROM THE GENERAL FUND SURPLUS TO THE GENERAL SERVICES ACCOUNT, EXCHANGE PROJECT ACCOUNT. City Manager noted that this money had been appropriated by Council with the adoption of Resolution No. 82-14 on April 12, 1982, and that this resolution would transfer the funds to the next fiscal year's budget. It was moved by Soriano, seconded by Burgess and unanimously carried to approve Resolution No. 82-50. I' ..... PAGE 4 REGULAR MEETING - JUNE 28, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) SISTER CITY/ 4. Copies having been made available to the public and RES: distributed to Council, Cripps noted by title only a proposed resolution to provide the funds to finance a trip to Japan for the hostesses for the Alaska Exhibit at EXPO HOKKAIDO 1982, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPRO- PRIATING FUNDS TO FINANCE A TRIP TO JAPAN FOR TWO HOSTESSES FOR THE ALASKA EXHIBIT AT THE HOKKAIDO EXPO 1982. City Manager noted that this resolution was a housekeeping measure, transferring monies that had earlier been appropriated by Council to the next fiscal year's budget. It was moved by Burgess, seconded by Meehan and unanimously carried to approve Resolution No. 82-51. X. UNFINISHED BUSINESS: ADM. (NEWSLETTER) A. City Manager stated that a monthly newsletter, as suggested by Council at the June 14, 1982, regular meeting, would cost approximately $1200-1500 per month to produce and distribute 1000 copies. Swartz and Gillespie obj ected to spending that much of the City's money each month, with Gillespie adding that the Council should consider a quarterly newsletter instead. Burgess objected to the idea of a newsletter, stating that the Phoenix Log covered the meetings free of charge and added that it would be cheaper to pay KRXA $5,000 per year to broadcast the City Council meetings than to produce the proposed City paper. O'Brien stated that the newsletter would contain facts not found in the newspaper or discussed at the City Council meetings. In response to a question from Gillespie, Willard Dunham, co-owner of the Phoenix Log, stated that he could see no conflict or interference with private enterprise as long as the City did not remove its legal advertising from the Log. He went on to say that the Log would be happy to print any press releases the City wanted to submit. Cripps stated that the Council and the City had an obligation to keep the public informed. Gillespie added that he would like to see a section in the first newsletter in which the public could comment on their reactions to the newsletter itself as well as suggestions for future issues. Following discussion, it was moved by O'Brien, seconded by Soriano and unanimously carried to instruct the administration to proceed with the newsletter on a quarterly basis. XI. NEW BUSINESS: PUB SERV FAC A. City Manager noted a correction to the wording on the (SGH): agenda, stating that the funds to be advanced to Seward General Hospital (SGH) would be based on projected revenue sharing, not the one percent (1%) sales tax. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried to authorize the City Manager to advance up to $30,000 monthly to SGH based on projected revenue sharing. 4th OF AREA: JULY CREEK B. June 24, 1982, letter from Chris Sauer relative to the Torkelson-Kellogg (T/K) lease agreement was noted. City Manager stated that, since a coal source had not become available to T/K, they would be unable to meet the July 1, 1982, deadline for construction of an initial facility on the leased property, thereby leaving the City with the option of either cancelling the lease or amending it by including the following provisions: 1. Substitute Wheelabrator Coal Services Company for Torkelson-Kellogg Inc. 2. Addition of a termination clause allowing the City to terminate the agreement sixty (60) days after 5 4TH OF JULY CREEK AREA: (cont'd) written notice if, in the City's judgement, a higher and better use for the land has been determined, and if, within thirty (30) days after said notice, Wheelabrator Coal Services Company does not make a firm commitment which the City determines is more desirable. I Following discussion, it was moved by Meehan, seconded by Burgess and unanimously carried to authorize the City Manager to negotiate this agreement with the two added clauses. XII. CITY MANAGER REPORTS: ADM (ORG/LOCAL): A. City Manager noted that the Seward Chamber of Commerce had requested Council permission to discharge fireworks from the Cape Jellison at 11:00 p.m. on July 4, 1982. It was moved by Swartz, seconded by Burgess and unanimously carried to approve the Chamber of Commerce's request to shoot fireworks off the Cape Jellison. SPEC PROJ (MIC): B. City Manager requested authorization to purchase a vehicle to be used by the inspector of the Fourth of July Creek Industrial Center's site utilities transmission line project as opposed to paying a $50 daily rental fee to CH M Hill, adding that, at the completion of the project, the truck coula be used elsewhere within the City service. Following discussion, it was moved by Swartz, seconded by Soriano and unanimously carried to instruct the City Manager to negotiate for the purchase of a used vehicle in an amount not to exceed $7,500. I ADM (ST & CITY C. City Manager noted that Seward Fisheries had requested LICENSING)permission to erect a tent camp site on private property for the purpose of housing summer casuals. Dan Walker, Personnel Director for SFI, appeared from the audience and stated that SFI would provide sanitary facilities at the site and that showers would be available to the campers at the Fisheries. He added that SFI viewed this arrangement as a temporary solution; a more permanent campsite was planned for next year. City Attorney, in response to O'Brien's concern for the City's potential exposure to liability, stated that there would be no increased liability to the City. Police Chief Bencardino added that a contained campsite would actually ease the burden to the Police Department. City Attorney advised that if SFI provided for disposal of waste and followed other Code provisions relating to the spacing of the tents, they would qualify for a temporary camper permit. Cripps, with Council consent, stated that Council would not object to the City issuing a temporary camper permit to Seward Fisheries for the purpose of providing a camper park for its seasonal work force. D. City Engineer Small outlined his trip with the City Manager to Miami to discuss a proposed delay in shipment of the shiplift and to Denver to discuss the Torkelson-Kellogg lease agreement with Chris Sauer. I ADM (GOV'T AGNCY E. City Manager reported on the progress made by Kerry & LEG Martin relative to the formation of a new borough to contain Seward, BODIES): Hope, Cooper Landing, Moose Pass and Bear Creek. He outlined the procedures which must be followed and stated that the City Attorney would be putting together the petitions to be circulated within the proposed new borough. City Manager also suggested three new names for the borough; East Peninsula Borough, Resurrection Borough or Chugach Borough. F. City Manager extended an invitation to the Council to attend the dedication of the Ft. Raymond monument and the outdoor luncheon at 2:00 p.m. on Saturday, July 3, across from the Army Recreation Camp. He also reminded Council that Joe Redington would be presenting a sign designating Seward as the beginning of the Iditarod National Historic Trail to the City on Sunday, July 4, at 1:00 p.m. in the park located at Fourth Avenue and Ballaine Blvd; he asked that Mayor Cripps accept the sign on behalf of the City. 6 PAGE 6 REGULAR MEETING - JUNE 28, 1982 VOLUME 20 XII. COUNCIL DISCUSSION: ADM ( C COUNCIL): A. It was moved by O'Brien and seconded by Meehan to appoint Councilmember Soriano as Vice-Mayor of the City Council. Gillespie objected, stating that he had received more votes in the last Mayoral election, and further, that with six years on the Council, four of which he served as Vice-Mayor, he (Gillespie) was senior member of the Council. There being no further discussion, the question was called and the motion carried as follows to appoint Soriano as Vice-Mayor: AYES: NOES: Cripps, Meehan, O'Brien, Soriano and Swartz Burgess and Gillespie FIN SERVICES B. City Manager noted that the City would be receiving (REV SHRNG~342,785 under the State Municipal Assistance Program, and that the City was required to identify, by resolution, the projects and amounts allocated to each project to be funded by this entitlement. He recommended that $200,000 be set aside for Lowell Creek Tunnel engineering, and suggested the following items be considered by the Council: Construction of new bridge at Lowell Creek Regrading at Second Ave. and Dairy Hill Construction of school walkway from the school past the Jesse Lee property Improvements to Greenbelt area Engineering for water extensions Improvements to street lights Flood lights for Harbor area $ 75,000. 40,000. 10,000. 100,000. 10,000. 30,000. 30,000. Swartz suggested that some of the money be set aside for placing rip rap along Resurrection River in Forest Acres to prevent future flooding. City Engineer stated that improvements in that area and the construction of another roadway to the dump (as suggested by Willard Dunham from the audience) would cost approximately $1.5 Million. Gillespie and Burgess agreed that the City should consider hiring a consulting firm to develop a concept plan for present and future development in the Harbor area. Meehan wanted some monies put aside for foot trails and bike paths, with a suggestion that a foot path be constructed over the three bridges on the Seward Highway, followed by a suggestion from Swartz that a bike path along Nash Road be considered. O'Brien thought the City should allocate a portion of the money to engineering the sewer line for Dairy Hill. City Manager stated that he would prepare a list based on Council's suggestions for the July 12, meeting. ADM (ORG/LOCAL) C. June 18, 1982, letter from Harold W. Davis, Secretary of the Seward Lodge Number 1773, B. P. O. Elks, requesting City permission to reserve the use of the Jesse Lee property for a picnic to be held on Sunday, July 18, 1982, was noted. Cripps, with Council consent, voiced no objections to the use of the property as requested by the Elks Lodge. D. In response to a question from O'Brien, City Attorney stated that there would be no increased liability to the City if the Chamber of Commerce is allowed to conduct its annual fireworks display on July 4. E. Soriano commended the City employees for their prompt response to the fire aboard the processor in the Small Boat Harbor, crediting them for averting a near major disaster. F. Burgess felt the City employees should also be commended for their response to the more recent fire in the Small Boat Harbor area. Burgess also requested that the City Attorney draft an ordinance for introduction at the next meeting outlining the procedures to be followed when filling a vacancy on Council by appointment, stating that he would like to see a provision requiring that the next highest PAGE 7 REGULAR MEETING - JUNE 28, 1982 VOLUME 20 XIII. COUNCIL DISCUSSION: (Cont'd) vote-getter be appointed. City Attorney stated that it might be necessary to amend the Charter to effect such a change, adding that he would research the matter and report back to Council. G. Cripps stated that the Councilmembers should consider attending the Ouchi Theory Z seminar to be held in Anchorage in October. I XIV. CITIZENS' DISCUSSION: A. Willard Dunham appeared from the audience and advocated putting in a new road over the old base road to the City Dump, thereby diverting traffic from Dimond Blvd. XV. ADJOURNMENT: recess, matter. The meeting was adjourned at 10:37 p.m., and after a short the Council reconvened in Executive Session to discuss a legal n S.. Mur h,y: C"Y\ffi';'k~:,,,, .' ,> .' \ oS'.I' '. L ." ";,..'~ ~?;>'J.-'f OF ",\..(-~)' --------~~~---------------------------------------------------------- REGULAR MEETING - JULY 12, 1982 { .' - / I ( / 1- /~-~~ i (J__Le- L ( Donald W. Cripps Mayor ( ( ;:; ~', .r~ ~ I I. CALL TO ORDER: The July 12, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Meehan led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Meehan, Gillespie, O'Brien. (Absent with Council consent was Swartz, also absent was Soriano) Present also: City Manager Johnson, Assistant City Manager Schaefermeyer, City Attorney Gantz and Deputy City Clerk Reynolds IV. APPROVAL OF MINUTES: I It was moved by Gillespie, seconded by Burgess and unanimously carried to approve the June 28, 1982, regular meeting minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request of the City Manager, with Council consent an Executive session will be held immediately following the regular meeting to discuss a legal matter. The City Manager requested that the following additions and deletion be made to the regular meeting agenda: VII. CITIZENS' DISCUSSION: .::> STATE OF AK AVTC/MUN. PL. & DEV. MUN. PL & DEV/ FINANCE SISTER PORT/ RES. PAGE 8 REGULAR MEETING - JULY 12, 1982 VOLUME 20 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont) B. Lanny Duncan, Dairy Hill sewer and water problem. IX. ORDINANCE AND RESOLUTIONS: C. 3. Delete proposed Resolution 82-54. XII. CITY MANAGER REPORT: C. Survey of Lowell Point Road Following discussion, it was moved by O'Brien, seconded by Meehan and unanimously carried to approve the regular meeting agenda as amended and the consent calendar as presented, and the following actions were taken: 1. June 28, 1982, letter from State Alcoholic Beverage Control Board noticing of application for transfer of liquor license for Pioneer Bar, filed without objection. 2. July 6, 1982, invoice from Hughes, Thorsness, Gantz, Powell and Brundin totalling $11,957.88, for legal services rendered in May, 1982, was approved for pay- ment and filed. IV. PUBLIC HEARING: None VII. CITIZENS' DISCUSSION: A. Bob Richardson of the State of Alaska Vocational Technical Center discussed a proposed land exchange with the City of Seward. The land involved which the City of Seward owns, is approximately 24 acres directly behind the AVTC First Lake Facility and a five acre parcel in the Fourth of July Marine Industrial Park. The State of Alaska owns 80 acres adjacent to Forest Acres toward the City's Landfill. If a land exchange is not feasible, Richardson requested that the City think about setting the land aside for educational purposes. Following further discussion, with Council consent Mayor Cripps called for a Public Hearing to be held on the proposed land exchange at the next regular meeting, July 26, 1982. Also the Council requested a response from the Seward Planning and Zoning Commission regarding the proposed land exchange. B. Lanny Duncan, a homeowner from the Dairy Hill area, requested action from Council regarding the lack of sewer and water lines in this area. After further discussion by Council it was decided with Council consent to set aside $150,000 of the Municipal Assistance monies and have the adminis- tration advertise for proposals on the engineering and design of a sewer and water system for the Dairy Hill area. Councilman O'Brien abstained from making comment due to a conflict of interest. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction. None B. Ordinances for Public Hearing and Enactment. None C. Resolutions: 1. Copies having been made available to the public, Cripps noted by title only a proposed resolution establishing a Sister Port, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RELATIVE TO THE SIGNING OF A SISTER PORT AGREE- MENT WITH THE CITY OF KUSHIO, HOKKAIDO, JAPAN Brent Whitmore and Dale Lindsey, representing the Seward Chamber of Commerce, appeared from the audience and spoke in favor of the Councils' approval of this resolution. Following further discussion, it was moved by O'Brien, seconded by Burgess and unanimously carried to approve Resolution No. 82-52. 2. Copies having been made available to the public, Cripps PAGE 9 ENG/RES I REGULAR MEETING - JULY 12, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (cont.) noted by title only a proposed resolution appropriating funds for the purchas~ of a used vehicle for the Engineering Department, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER OF THE CITY OF SEWARD TO PURCHASE A USED VEHICLE FOR THE ENGINEERING DEPARTMENT. City Manager noted that this resolution was a housekeeping measure, the monies to purchase the used vehicle had been appropriated by Council at the June 28, 1982 regular meeting. It was moved by Meehan, seconded by O'Brien and un- animously carried to approve Resolution No. 82-53. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. June 28, 1982, letter from Robert E. Shafer, Price Waterhouse, regarding development of Indirect Cost Proposal was noted. City Manager dis- FIN/SERVICE cussed the fact that a better control of the indirect cost for each grant and capital projects has contributed to time and money savings for the City. After further discussion by the Council, it was moved by O'Brien, seconded Meehan to accept the proposal as presented by Price Waterhouse, unanimously carried by all present. IN. P. S UTIL & WKS/W & 4TH OF JULY MIP MUN. UTIL & P WKS/W & S I MUN. DEV. SUB. PL & LAUBNER ADMIN. & POLICY LOBBYIST XII. CITY MANAGER REPORTS: A. July 6, 1982, memorandum from City Engineer Small regarding proposals received for the Lowell Creek Tunnel Renovation Project. Six engineering firms submitted proposals. Mayor Cripps, with Council consent, asked for the administration's recommendation on the proposals. City Manager Johnson reported that after evaluating the firms, the top two were CH2M Hill and CRS Group. The administration is recommending CH2M Hill. Following further discussion, it was moved by Meehan, seconded by O'Brien and carried unanimously to accept CH2M Hill's proposal for the Lowell Creek Tunnel Renovation Project. B. July 6, 1982, memorandum from City Engineer Small regarding proposals received for the design of the Fourth of July Creek North Bulkhead Project was noted. Four engineering firms submitted proposals. Mayor Cripps, with Council consent, asked for the administration's recommendation. City Manager Johnson reported that after evaluating the firms, Century/Quadra came out on top. After further discussion by Council, it was moved by Gillespie, seconded by Meehan and carried unanimously to accept Century/Quadra's proposal for the Fourth of July Creek North Bulkhead Project. C. City Manager noted that the problem with the sewer line located within the Lowell Point Road requires a survey to be done. City Engineer Small, appearing from the audience, reported he had contacted local firms and none were available to do the work immediately. A major factor involved is that the next low tides, when a lot of the surveying must be done, will be on July 19 & 24th City Engineer Small, reported he discussed the surveying work with Quadra Engineering, who will be available in Seward as they will be doing other work for the City. After further discussion by Council, City Manager Johnson requested guidance from the Council as to what direction they would like him to take in this situation. Mayor Cripps, with Council consent, authorized the City Manager to enter into negotiations with Quadra Engineering for time and materials in surveying Lowell Point Road. D. City Manager noted that Elizabeth Mahan, had asked him if the City would be interested in purchasing Lot 16, Block 11, Laubner Subdivision from her. Following discussion, Mayor Cripps with Council consent requested the administration to bring a recommendation on the purchase of this lot to the July 26, 1982 meeting. XIII. COUNCIL DISCUSSION: A. July 7, 1982, proposal from Kent Dawson, Dawson & Associates, to conduct legislative and administrative lobbying activities for the City of PAGE 10 REGULAR MEETING-JULY 12, 1982 VOLUME 20 XIII. COUNCIL DISCUSSION: (cont.) ADMIN. & POLICY LOBBYIST Seward was noted. Following discussion by Council as to the excellent results Dawson's lobbying achieved for the City of Seward, it was moved by O'Brien, seconded by Meehan and carried unanimously to have the administration enter into a contract with Dawson & Associates. ELEC.jCC B. June 8, 1982, letter from Donna Lewis regarding damage to her television on May 20th, 1982. After discussion by Council, it was moved by Gillespie, seconded by Burgess and carried unanimously not to approve for payment the damage claim by Donna Lewis. C. Councilman Burgess had requested an ordinance to be drafted by the City Attorney relating to the procedure to be followed when filling a vacancy on Council by appointment. Due to the fact Attorney Arvidson was not present, Burgess stated he would like to have the ordinance ready for the July 26, 1982 meeting. D. Mayor Cripps noted a waterline break on A float at the SBR and requested if there were monies available to have it fixed. Also, would it be possible to have electricity put on A float? City Manager Johnson stated the waterline would be fixed tomorrow on A float. City Engineer Small reported that the State had put out bids for water and electricity to all floats, but they received no bids. The State of Alaska would be advertising again in the near future for bids on this project. D. Councilman Meehan, stated everyone should take advantage of the City's tour of the Fourth July Marine Industrial Center, as the project appears to be going quite well. XIV CITIZENS' DISCUSSION: A. Brent Whitmore, Seward Chamber of Commerce, spoke on the schedule of the Obihiro Exhange Students and invited everyone to make them feel welcome. They will be attending the Council meeting of July 26, 1982. B. Kerry Martin, Adminstrative Assistant for the City of Seward, gave a brief report on Expo '82 and reminded everyone of the dates that the delegation from Kushiro will be in Seward. XV. ADJOURNMENT: The meeting was adjourned at 8:45 p. m., and after a short recess, the Council reconvened in Executive Session to discuss a legal matter. 1J.11.Jjll/l j ,1et.;J...{Q; -1') ~ r 'It: 11; ,~~ ~~ "/~' .~ ~:' ~ . ': "; '.' a<< ~Yn ~..eynOld'~ -_ Deputy Ci~ Clerk - ~ ..." ~.,. ...,:.':..., - ..:'. ~"f' .. . .' , ..- / (City seal)V":~~~/ (Jk~ Donald W. Cripps Mayor ------------------------------------------------------------------------------- PAGE 10 REGULAR MEETING - JULY 26, 1982 VOLUME 20 I. CALL TO ORDER: The July 26, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Meehan led the pledge of allegiance to the flag. I I 1 1 11 PAGE 11 REGULAR MEETING - JULY 26, 1982 VOLUME 20 I II. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan, O'Brien and Swartz (Absent, with Council consent, was Councilmember Soriano) Present also: City Manager Schaefermeyer, Clerk Murphy Johnson, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: carried meeting I t was moved by Meehan, by all those present to minutes as written. seconded by O'Brien and unanimously approve the July 12, 1982, regular V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested the following additions be made to the regular meeting agenda: IX. ORDINANCES AND RESOLUTIONS: C. Resolutions: 3. Proposed Resolution No. 82-56, approving a contract with the Department of Public Safety for use of the City jail facilities 4. Proposed Resolution No. 82-57, naming and allocating funds for capital projects in accordance with AS 37.05.315 XII. CITY C. D. E. F. MANAGER REPORTS: Leasing of Waterfront Tracts Problem with recreational vehicles Seaborne ambulance Proposed purchase of Elizabeth Mahan's lot Burgess requested that an Item C--City Manager Selection--be added to agenda heading XIII. COUNCIL DISCUSSION. Gillespie requested that Item D--Travel policy for Council and the Administration--be added to agenda heading XIII. COUNCIL DISCUSSION. Following discussion, it was moved by Burgess, 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 action was taken: 1. 210/ACCOUNTS PAYABLE: 890/ AVTEC: I July 7, 1982, accounts payable list from the Finance Department was approved for payment and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough representative Darryl Schaefermeyer gave a verbal report of the July 20, 1982 assembly meeting. VII. PUBLIC HEARINGS: Notice of public hearing as published in the local newspaper was noted and the public hearing was opened. Herman Leirer, Dairy Hill, appeared from the audience and spoke in opposition to any type of development in the First Lake area, stating that there was a danger of snow slides in that area. He went on to state that this land should be held as a public park area to be used by all the citizens of the community. Leirer added that he was in no way opposed to dedicating a parcel of land in the Fourth of July Creek area to the Alaska Vocational Technical Center (AVTEC) for educational purposes. Brent Whitmore appeared from the audience and spoke in favor of dedicating the First Lake property to AVTEC, stating that Council should not base its decision on the possibility of a snow slide sometime in the future. No one else appeared from the audience in order to be heard, and the public hearing was closed. 1 .... PAGE 12 REGULAR MEETING - JULY 26, 1982 VOLUME 20 VII. PUBLIC HEARINGS: (Cont'd) 890/AVTEC: (cont'd) City Manager noted the July 14, minute order from the Seward Advisory Planning and Zoning Commission advocating the dedication of land to AVTEC rather than a land exchange along with several public hearings on the issue before Council takes action, adding that the administration would concur with the Commission's recommendation. O'Brien and Swartz both spoke in opposition to relinquishing control of the First Lake property, noting the sentimental value of the property and the need for public park space in the community. VIII. CITIZENS' DISCUSSION: (With prior notice only) A. Brent Whitmore, appearing from the audience, gave a brief outline of the ten-year history of the student exchange program between the cities of Seward and Obihiro. He then introduced Marcie Woern, Suzanne Fletcher, Zach Moore and Bob Booher who will be representing the City in Obihiro this summer and Hideo Kato, Keiko Ota, Tamaki Mokonoma and Teiichi Matsumoto who are visiting Seward from Obihiro. Each of the eight students spoke briefly before Council. B. Don Smith, Project Manager, Engineer, both of EBASCO, appeared from the progress and future projections for the Grant and Wayne Pietz, Proj ect audience and outlined the Lake Hydro project. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: 100/ADM STAFF & 1. Copies having been made available to the public, 350/RES: Cripps noted by title only a proposed resolution granting a 10.3% pay increase to City Manager Johnson, entitled: A RESOLUTION ESTABLISHING THE SALARY FOR THE CITY MANAGER AND RESCINDING ALL PRIOR RESOLUTIONS IN CONFLICT HERE- WITH. O'Brien stated that the Council, through oversight, had neglected to grant a pay increase to the City Manager on July 1 as was customary. The City Clerk stated that Johnson's new salary, effective July 1, 1982, including a 7.8% COLA increase and a 2.5% step increase, would be $5192 per month. Following discussion, it was moved by O'Brien, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 82-54. 230/BUDGET & 350 /RES: Cripps & budget, 100 /LOBBYIST: 2. Copies having been made available to the public, noted by title only a proposed resolution amending the FY 83 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE FISCAL YEAR 1982-1983 BUDGET BY IN- CREASING THE REVENUES FROM CONTRACT AND LEGAL ADMINISTRA- TION. City Manager noted that Council had, at its July 12, meeting, approved a $72,000 contract with Dawson and Associates for lobbying services, adding that this resolution made the necessary budget adjustments to allow for this expenditure. It was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 82-55. .," PAGE 13 REGULAR MEETING - JULY 26, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIOSN: (Cont'd) C. Resolutions: (Cont'd) 3. Copies having been distributed to to the public, Cripps noted by title approving a contract with the Department of City's jail facilities, entitled: Council and made only a proposed Public Safety for 740/POLICE DEPT CONTRACTS available & resolution 350/RES: use of the I 280/ST & 350/RES: I 460/LOWELL CANYON TWNHS SUB. & 500/ MUN UTlL EXTEN: I A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE DE- PARTMENT OF PUBLIC SAFETY FOR CONTRACTUAL USE OF THE CITY JAIL FACILITY. City Manager noted that this was a formality, adding that these revenues had been included in the FY 1983 budget approved by Council in June. It was moved by Swartz, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 82-56, authorizing the administration to enter into the contract. REV SHRG available resolution entitled: 4. Copies having been distributed to Council and made to the public, Cripps noted by title only a proposed identifying and allocating monies for capital projects, A RESOLUTION IDENTIFYING THE CAPITAL PROJECTS AND THE AMOUNT ALLOCATED TO EACH PRO- JECT IN ACCORDANCE WITH AS 37.05.315. City Manager noted that the City had been allocated $257.50 per capita, plus an additional $3.92, for a total of $474,576.42 under the State Assistance for Municipalities Program for the year 1982-83. Before receiving the grant, the City is required to adopt a resolution identifying and allocating monies to the capital projects to be funded by the entitlement. City Manager added that the capital projects listed in the resolution had been discussed and requested by Council at prior meetings. Gillespie noted that funding for the Lowell Canyon Sewer Line was slated to be discussed later on the agenda under "City Manager Reports"; he requested that this agenda item be moved forward so that discussion could take place before a motion was made on the proposed resolution. There being no objection from Council, this agenda item was taken out of order. XII. CITY MANAGER REPORTS: (Taken out of order) B. July 21, 1982, memorandum from City Engineer Small and accompanying Memorandum of Understanding (with attached plat) to Robert McCabe, developer of the Lowell Canyon Townhouse Subdivision, were noted. Small, appearing from the audience, stated that the City had installed a 12" water line across the subject property without obtaining the proper easement. He recommended that Council take the following action as a negotiated settlement to allow the development of the subdivision to take place without removal of the water line: 1. Obtain an additional easement necessary to accomodate the offending water line; 2. Construct, at City expense, a sewer line to the adjacent property; and 3. Replace the existing private 4" sewer line now serving the Senior Citizens' Home. In response to questions from Gillespie and Burgess, City Engineer explained that the encroaching water line had been installed in 1977 on the basis of an inaccurate as-built survey. He also stated that those private property owners along the path of the new sewer line could ~4 PAGE 14 REGULAR MEETING - JULY 26, 1982 VOLUME 20 XII. CITY MANAGER REPORTS: (Cont'd) 460 & 500: (cont'd) hook into the City's system at their own expense. O'Brien stated that he agreed with City Engineer's recommendations, adding that City funds should be spent to provide adequate basic services to the citizens of the community. IX. ORDINANCES AND RESOLUTIONS: (cont'd) C. Resolutions: (cont'd) 280 & 350: (cont'd) Following discussion, it was moved by Swartz, seconded by O'Brien and unanimously carried by all those present to approve Resolution No. 82-57. RECESS: The meeting was recessed at 8:55 p.m.; reconvened at 9:10 p.m. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: None XII. CITY MANAGER REPORTS: A. July 13, 1982, letter from Julian L. Mason and attached Bench Order and Order Affirming Bench Order relative to a rate increase granted to Chugach Electric Association (CEA), were noted. City Manager explained that this was a victory for the City since the Alaska Public Utilities Commission (APUC) had ordered CEA to formalize its relationship with the City of Seward before step two of its rate increase could be put in effect. B. Taken out of order. (See Page 13, Volume 20.) 460/WATERFRONT C. City Manager stated that he had been approached by a TRACTS: local businessman about the possibility of leasing Tract 2, Waterfront Tracts. He recommended that Council authorize the administration to request proposals on Tracts 2, 5 and 6, Waterfront Tracts. City Manager noted that the Teen Center is currently housed on Tract 2, but added that the proceeds from the lease of the subject property should fund the building of a new Teen Center. He assured Council that the Teens would not be moved from their present location until a new site was available for them. In response to a question from Gillespie, City Manager stated that the property in question was zoned Commercial District. Burgess expressed concern over the location of the proposed new Teen Center; City Manager stated that he favored constructing a building to house some City offices and the Teen Center in the lot north of City Hall. There being no objection from Council, Cripps instructed the administration to request proposals for development of Tracts 2, 5 and 6, Waterfront Tracts. 740/POLICE: D. City Manager noted that the City was experiencing a problem with off-highway vehicles, including three-wheelers and dirt bikes, being operated on City streets and recommended that Council direct the Chief of Police to enforce state and city laws governing both unlicensed vehicles and unlicensed drivers. Chief Bencardino, appearing from the audience, warned Council that by not enforcing the current laws, the City is actually encouraging people to break the law. In response to a question from O'Brien, City Attorney stated that ignoring the problem did not negate the City's liability, adding that only by taking reasonable steps to enforce the present laws could the City escape liability if an accident should occur. Brent Whitmore and Herman Leirer, appearing from the audience, spoke in support of the City enforcing present laws relative to off-highway vehicles on City streets. Following discussion, Cripps, with Council consent, directed the Chief of Police to begin enforcing current state and city laws governing all off-highway vehicles including three-wheelers, certain dirt bikes and snowmobiles, and further directed the City Manager to place a notice of this action in the local newspaper, on the local radio station and in the form of a flyer in local post office boxes. PAGE 15 REGULAR MEETING - JULY 26, 1982 VOLUME 20 XII. CITY MANAGER REPORTS: (Cont'd) 850/SVAC E. City Manager noted that the City had been allocated a grant totalling $75,000 for the purpose of purchasing a seaborne ambulance. Cripps, with Council consent and upon the recommendation of the City Manager, directed the administration to seek a change in the grant allowing the money to be used to replace the City's land-based ambulance, with any monies not expended to go towards the construction of a new building to house the ambulance. I 460/LAUBNER F. City Manager stated that he had inspected Elizabeth SUB: Mahan's 30' lot located in the Laubner Addition as directed by Council at the July 12, regular meeting. Ms. Mahan had offered to sell the lot to the City. City Manager recommended that the Council take no action at this time, stating that the lot would be of no value to the City. G. City Manager stated that the petitions for the formation of a new borough would be ready soon. He recommended that those circulating the petitions not be connected with the City government or administration. XIII. COUNCIL DISCUSSION: I A. July 26, 1982, memorandum from City Attorney relative to drafting an ordinance setting out procedures to be followed when filling a Council vacancy was noted. City Attorney advised Council that such an ordinance might prove to be invalid in that Council may be precluded from restricting the discretion of future councils to exercise a power required by the City Charter. Burgess and Swartz both spoke in favor of a set of guidelines requiring that a vacant council seat be filled by one who had run in the previous election. O'Brien disagreed, stating that the Charter granted this power to the Council, adding that this Council had no right to bind another council to its way of doing things. Brent Whitmore, appearing from the audience, stated that he was disturbed that Council was considering giving away the powers of future Councils. Burgess suggested that a resolution might be the proper way to go--any policy set forth would not be binding, but would only be used as a guideline. A poll of the Council showed that Burgess wanted a resolution prepared setting forth guidelines, }1eehan and Swartz favored a workshop to discuss the matter further, Gillespie was undecided, and O'Brien felt that no action was necessary. B. July 26, 1982, memorandum and draft ordinance on Initiative, Referendum and Recall, as submitted by City Attorney, were noted. City Attorney stated that the Constitution of the State of Alaska and the Alaska Statutes require that the City Code contain such an ordinance. He added that he had included some of the provisions contained in SB 180 (1982 Session)--vetoed by Governor Hammond--explaining that the sections on initiative and referendum would probably be included in the new legislation which is almost certain to be enacted next session. Cripps, with Council consent, directed the Clerk to place the introduction of this proposed ordinance on the agenda for the August 9, meeting. I C. Burgess stated that Council had received approximately 70 applications for the position of City Manager and added that the selection should be made prior to the Mayor's trip to Japan (scheduled for August 5). Gillespie, Meehan, O'Brien and Swartz felt that a workshop was needed to weed out unsuitable candidates and decide which candidates should be interviewed. Cripps, with Council consent, called a closed work session for Monday, August 2, at 7:00 p.m. in the City Manager's Office. It was moved by O'Brien, seconded by Swartz and failed to carry as follows to require that a full council be present to select the City Manager: AYES: NOES: ABSENT: O'Brien and Swartz Burgess, Cripps, Gillespie and Meehan Soriano lr. ..c'-' PAGE 16 REGULAR MEETING - JULY 26, 1982 VOLUME 20 XIII. COUNCIL DISCUSSION: (Cont'd) O'Brien then suggested that final selection of a new City Manager be delayed until after the October election, stating that interviews could not be completed until September which would mean a delay of only one additional month. Swartz added that time was not a real factor since Assistant City Manager Schaefermeyer could fill in as Acting City Manager until such time as a new manager was hired. Burgess, disagreeing, stated that selection of a new City Manager should be made as soon as possible. City Attorney advised Council that the Charter stated that Council had 45 days in which to fill an apointed office after a vacancy occurs, with the option of an extension of 90 days if a suitable candidate cannot be found in that time. Further discussion of this agenda item was continued until the work session scheduled for August 2. D. Gillespie requested that a policy governing travel by the City Administration be established requiring reporting to Council on all in-state travel and Council permission prior to undertaking any out-of-state travel. City Manager noted that all travel budgets are approved by Council, and all travel vouchers are audited by Finance Director Gale and approved by the City Manager. O'Brien and Swartz felt that such a reporting policy as outlined by Gillespie was unnecessary, stating that all travel records are public information. E. Cripps noted that the City had hosted a reception for the delegation from our Sister Port City, Kushiro, followed by two receptions hosted by the Kushiro delegation. He added that this exchange with our Japanese friends had been rewarding and enjoyable. XIV. CITIZENS' DISCUSSION: No one appeared from the audience at this time in order to be heard. XV. ADJOURNMENT: was adjourned at 10:55 p.m. Ao. '(City Seal) , .' ~~'l1:F-~~~~C------------------------------------------------------- PACE?1'6-~c;'rr" REGULAR MEETING - AUGUST 9, 1982 VOLUME 20 1. CALL TO ORDER: The August 9, 1982, regular meeting of the Seward City Council was called to order by Vice-Mayor Charles H. Soriano. II. OPENING CEREMONY: Councilmember Burgess led the pledge of allegiance to the flag. I II. ROLL CALL: Present were: Vice-Mayor Soriano and Councilmembers Burgess, Gillespie, Meehan, Soriano and Swartz (Absent, with Council consent, was Mayor Cripps) Present also: City Manager Johnson, City Attorney Arvidson and City Clerk Murphy "?"""T PAGE 17 REGULAR MEETING - AUGUST 9, 1982 VOLUME 20 SPECIAL PRESENTATION: HIO/ ADM & POLICY Vice-Mayor Soriano presented retiring City Manager Johnson MNGMT: with a plaque in recognition of his years of dedication and service to the community. He then presented Johnson with a gold nugget watch from Council in appreciation for all he has accomplished for the City. IV. APPROVAL OF MINUTES: I carried meeting It was moved by Meehan, seconded by Burgess and unanimously by all those present to approve the July 26, 1982, regular minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request of the City Manager, it was moved by O'Brien, seconded by Swartz and unanimously carried by all those present to hold an executive session immediately following the close of regular business in order to discuss a legal matter. City Manager requested that 82-58--Item No. IX.C.1--be deleted from the that the following item be added: proposed Resolution No. regular meeting agenda and XI. NEW BUSINESS: A. Ottwater Engineering contract - Lowell Point Road. He also requested that the following item be added to the Consent Calendar: 6. June 1982, invoice from Hughes, Thorsness, Gantz, Powell and Brundin totalling $12,897.37. I O'Brien requested the following addition be made to the regular meeting agenda: IX. ORDINANCES AND RESOLUTIONS: C. Resolutions: 1. Proposed Resolution No. 82-58, dedicating a scenic viewpoint on Nash Road to Clarence E. Johnson. Meehan requested the following addition be made to the regular meeting agenda: X. UNFINISHED BUSINESS: A. City Manager selection. Gillespie requested the following addition be made to the regular meeting agenda: XIII. COUNCIL DISCUSSION: A. Discussion of the City's position relative to SunEel' s plans to move coal over the railroad dock. Following discussion, Meehan and unanimously carried regular meeting agenda and the I following actions were taken: 2l0/FINANCE 1. August 2, 1982, payable totalling and filed. it was moved by Burgess, seconded by by all those present to approve the consent calendar as amended and the Finance Department's list of accounts $2,987,281.76 was approved for payment 2. July 29, 1982, letter from City Attorney with attached draft of amended Wheelabrator Coal Services Company lease was noted for information and filed. 3. July 22, 1982, letter from Department of Energy relative to Bradley Lake transmission and marketing issues was noted for information and filed. 18 PAGE 18 REGULAR MEETING - AUGUST 9, 1982 VOLUME 20 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: 4. July 20, 1982, letter from attachments, relative to Chugach noted for information and filed. Baily & Mason, with Electric Association was S. July 1, 1982, progress report No. 9 relative to Grant Lake Feasibility Study was noted for information and filed. 300/LEGAL 6. June 1982 invoice from Hughes, Thorsness, Gantz, Powell and Brundin for legal services totalling $12,897.37 was approved for payment and filed. VI. BOROUGH ASSEMBLY REPORT: None VII. PUBLIC HEARINGS: 460/MUN.PLANNING: A. Notice of Public Hearing as published twice in the local newspaper and posted was noted. City Manager noted that the property in question (Lot 2, Tract B of Boundary Location Survey of US Survey Nos. 149 and 242 as per Survey Plat No. 3-20) was located along the Seward Highway just north of the City-owned tennis court. The City is seeking concurrence from the State of Alaska for a change of use from Recreational to Public for the purpose of eventually moving the City shop to that location. The public hearing was opened; no one appeared from the audience in order to be heard and the public hearing was closed. 890/PUB SERV.FAC: B. Notice of Public Hearing as published once in the local newspaper and posted was noted and the public hearing was opened on the proposed dedication of land to Alaska Vocational Technical Center (AVTEC) . Jack Werner, Chairman of the advisory board for AVTEC, and Robert Booher, Director of AVTEC, appeared from the audience and spoke in favor of the dedication of the land behind the First Lake facility. Werner briefly outlined the history of AVTEC in Seward and stressed the need for a commitment from the City as soon as possible, adding that if Seward did not provide a place for AVTEC to expand, the new programs would go to some other City. Joan Kilcup, Ruth McHenry, Christy Moeller and Herman Leirer appeared from the audience and spoke in opposition to the City relinquishing control of the First Lake area. They each expressed their desire to see AVTEC grow but felt that another location would be more desirable. Booher stated that AVTEC' s expansion and development of this area would not jeopardize present use of the lake and surrounding area. No one else appeared from the audience in order to be heard and the public hearing was closed. 0' Brien suggested that a work session with the AVTEC staff be scheduled to explore possible joint use of the area as well as alternative locations for AVTEC's expansion. City Manager concurred, adding that it was important that some land be dedicated soon, thus increasing the State's commitment to Seward as the site of their principal vocational technical facility. Soriano, with Council consent, informed Booher that a date for the work session would be set at the August 23, 1982, regular meeting. VII I. CITIZEN'S DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 320/LEGAL & 1. Copies having been made available to the public, 3S0/0RD: Soriano noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, CREATING CHAPTER 13, INITI- ATIVE, REFERENDUM AND RECALL, OF THE SEWARD CITY CODE. -; j' \ PAGE 19 REGULAR MEETING - AUGUST 9, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) A. Ordinances for Introduction: (Cont'd) 320 & 350: City Manager noted that the State constitution and the City Charter (cont'd) require that the Code contain these provisions. Following discussion, it was moved by Gillespie, seconded by Burgess and unanimously carried by all those present to introduce proposed Ordinance No. 510 with the public hearing and vote for enactment to be considered at the August 23, 1982, regular meeting. I B. Ordinances for Public Hearing and Enactment: None C. Resolutuions: 350/ RES: 1. made available to resolution entitled: Copies having been distributed to Council, but not the public, City Clerk read aloud a proposed A RESOLUTION OF THE CITY COUNCIL OF SEWARD, ALASKA, DEDICATING THE SCENIC VIEWPOINT LOCATED AT MILE 4.0, NASH ROAD, TO CLARENCE E. JOHNSON. It was moved by O'Brien, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 82-58. 350/RES & 840 /PUB. SERV.FAC: 2. Copies distributed to Council, resolution entitled: having been made available to the public and Soriano noted by title only a proposed I A RESOLUTION OF THE CITY COUNCIL OF SEWARD, ALASKA, ESTABLISHING A LATE PAYMENT PENALTY CHARGE FOR DELINQUENT SMALL BOAT HARBOR ACCOUNTS. City Manager noted that Council had been presented with two options for this proposed resolution and recommended that Council approve Option No. 2 which exempts state or federal government accounts from the late penalty charge of 1.5 percent per month, not to exceed 18 percent per year. Following discussion, it was moved by O'Brien, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 82-59, Option No.2. X. UNFINISHED BUSINESS: 100/ADM: A. Meehan noted that Council, after reviewing approximately 70 applications for the position of City Manager, had narrowed the field to 3 and had interviewed these three last week. He went on to say that while all three were well qualified for the position, Garzini displayed more experience in the fields in which Council was interested. O'Brien expressed his concern that Garzini's references had not yet been checked and felt that selection should not be made until such time as the proper reference checks could be made. Burgess indicated that he had contacted a Municipality of Anchorage employee who had worked for Garzini--his report was favorable. Following further discussion, it was moved by Meehan, seconded by Swartz and carried as follows to appoint Ron Garzini City Manager: I AYES: NOES: ABSENT: Burgess, Gillespie, Meehan, O'Brien and Swartz Soriano Cripps The Clerk was instructed to contact Garzini and schedule a meeting with Council for negotiations. PAGE 20 REGULAR MEETING - AUGUST 9, 1982 VOLUME 20 XI. NEW BUSINESS: 540/SEWAGE TRMT: A. City Manager noted that Lowell Point Road was still a (MUN.UTIL) problem area which needs immediate attention in order to properly safeguard and protect the Sewage Treatment facility located on that road. He added that Ottwater Engineers has a qualified person on staff to perform the necessary engineering to determine what needs to be done to upgrade the road and how to do it. Following discussion and at the request of the City Manager, it was moved by Gillespie, amended by O'Brien, seconded by Meehan and unanimously carried by all those present to authorize the City Manager to negotiate a contract with Ottwater Engineers for engineering work on Lowell Point Road in an amount not to exceed $11,080 for sewer line maintenance only. XII. CITY MANAGER REPORTS: 51O/MUN.UTIL: A. City Manager noted that the City had been working with Power Two and the City Electric Department to repair some broken electrical poles and broken insulations. He noted that the cost was being charge against the Marine Industrial Center Site Utilities Project No. 237000. Burgess stated that the Council and residents affected by a recent extended power outage caused by this repair work should have received prior notice. City Manager indicated that he had intended to bring Council's attention to this at the last meeting but had failed to do so. B. City Manager noted that 20 foot easements had been included in the lots in Jesse Lee Subdivision. Now that all utilities in the area are underground and serviced from the street he recommended that the City abandon these easements. City Manager noted for the record that he owns property in the area under discussion. At the request of 0' Brien, this agenda item was tabled until the August 23 meeting giving the Administration a chance to determine if all lots in Jesse Lee Heights have been provided with basic services. C. City Manager noted that the City had included a 1941 Ford fire truck in a recent surplus property sale and had received a high bid of $729. Because of the possible antique and historical value of the vehicle, he was requesting guidance from Council before finalizing the sale. He added that the City owns another 1941 fire truck which is stored in the Fire Station. Following discussion, Soriano, with Council consent, instructed the administration to proceed with the sale of the truck. D. City Manager noted that the City owns a 30 foot lot adjacent to a privately owned 30 foot lot next to the lagoon. Since a 30 foot lot is too small to be developed, he recommended that the Council make this lot available to the owner of the other lot at fair market value. O'Brien suggested that an inventory of all City-owned property be presented to the Seward Advisory Planning and Zoning Commission to determine which properties are not needed by the City for present or future development with the excess property to be sold; Burgess concurred. Soriano, with Council consent, directed the administration to prepare an inventory of all City-owned property. E. accumulated August 24 if City Manager noted leave starting August needed in an emergency. that he would be taking his 10, but would be available until He wished the City well. XIII. COUNCIL DISCUSSION: A. Swartz noted a complaint she had received from a citizen concerning the large concrete blocks along the waterfront near the monument on Ballaine Blvd. City Manager replied that they were necessary to protect the monument from tidal action and erosion. B. Gillespie asked the City's position on SunEel's attempts to move coal over the railroad dock and was informed that the City has not taken a position to discourage this development. City Manager noted that SunEel has not as yet applied for a permit to allow for this type of development in the Harbor area. I I I PAGE 21 REGULAR MEETING - AUGUST 9, 1982 VOLUME 20 XIII. COUNCIL DISCUSSION: (Cont'd) Gillespie also inquired about the status of the grain terminal. City Manager noted that this was a State project with the last word from Juneau indicating that construction would resume soon. C. In response to a question from Burgess, City Manager stated that he had been unable to get the grant providing for a sea-borne ambulance amended to allow the City to purchase a conventional land-based ambulance. He recommended that the City not accept this grant based upon an offer from legislators in Juneau to introduce his request for a land-based ambulance at the beginning of the next legislative session. D. Meehan thanked Johnson for his contributions to the City and wished him well in his retirement. E. Soriano thanked both Johnson and his wife, Evangeline Johnson, for the years they have given Seward. XIV. CITIZENS' DISCUSSION: A. Evangeline Johnson appeared from the audience and thanked the Council for honoring her husband with the gift of the watch and the dedication of the scenic viewpoint. XV. ADJOURNMENT: The meeting was adjourned at 9:15 p.m. and, after a short recess, r~sonvened in executive session to discuss a legal matter. I.' 1,.(0. .......~; (~Ldta~ Charles H. Soriano Vice-Mayor (e:!:1;y Sea,l) ,- -----~~~~--~~~~;:_----------------------------------------------------- PAGE 21 SPECIAL MEETING - AUGUST 17, 1982 VOLUME 20 ***THIS MEETING WAS RESCHEDULED TO AUGUST 18, 1982, DUE TO LACK OF QUOR~., L' ......." I".' (!;ity Seal) ----~~~~7~"~---------------------------------------------------_______ PAGE 21 SPECIAL MEETING - AUGUST 18, 1982 VOLUME 20 1. CALL TO ORDER: The August 18, 1982, Council was called to order at Soriano. special meeting of the Seward City 3:35 p.m. by Vice-Mayor Charles H. II. OPENING CEREMONY: Councilmember Meehan led the pledge of allegiance to the flag. PAGE 22 SPECIAL MEETING - AUGUST 18, 1982 VOLUME 20 III. ROLL CALL: Present were: Vice-Mayor Soriano and Councilmembers Burgess, Gillespie and Meehan (Absent, with Council consent were Mayor Cripps and Councilmembers O'Brien and Swartz) Present also: City Clerk Murphy IV. SPECIAL ITEM: 100/ADM & A. Copies having been made available to the public, Soriano 350/LEGAL:read by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONFIRMING THE APPOINTMENT OF RONALD A. GARZINI AS CITY MANAGER. Prior to the meeting, the Clerk had noted the following changes to the employment agreement (Attachment A): 1. Line 1 of Paragraph 2 was changed to read, "Garzini shall be paid at the rate of $55,000 annually." 2. The last line of Paragraph 3 was changed to read, "Garzini shall be paid up to $2,500 for relocation expenses when incurred. Gillespie stated that the effective date employment agreement should be changed to read "August 31, assure insurance coverage for Garzini beginning September 1. of the 1982" to It was moved by Burgess, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 82-60 incorporating the amendments as related by the City Clerk and Gillespie. V. CITIZENS' DISCUSSION: No one appeared from the audience in order to be heard. VI. ADJOURNMENT: The meeting was adjourned at 3:42 p.m. . ." r.rJL'L"-:!I/IJ/1 ' , LI).>, .<.{~ ~ )". ' i. -'~.' ,.>.' a1~A0P~ Charles H. Soriano Vice-Mayor (City Seal) -----~~-~~-~--~-~------------------------------------------------------ PAGE 22 REGULAR MEETING - AUGUST 23, 1982 VOLUME 20 I. CALL TO ORDER: The August 23, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Soriano led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, O'Brien, Soriano and Swartz (Absent, with Council consent, was Councilmember Meehan) i' (~ PAGE 23 REGULAR MEETING - AUGUST 23, 1982 VOLUME 20 III. ROLL CALL: (Cont'd) Present also: Acting City Manager Schaefermeyer, Attorney Arvidson and City Clerk Murphy City IV. APPROVAL OF MINUTES: I It was moved by O'Brien, seconded by Soriano and unanimously carried by all those present to approve the minutes of the August 9, 1982, regular meeting and the August 18, 1982, special meeting as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request of the Mayor, it was moved by Swartz, seconded by Burgess and unanimously carried by all those present to meet in executive session immediately following the close of regular business to discuss a personnel matter. Acting City Manager requested the following additions be made to the regular meeting agenda: XII. CITY MANAGER REPORTS: I A. State forest lands selection B. Dresser Industries lease with the City C. CH2M Hill contract for engineering of Lowell Creek diversion tunnel D. Change Order No. 4 of the Elling Halvorson contract for construction of the Marathon Water Hydro project E. Century/Quadra contract for engineering of Phase IV of the Fourth of July Marine Industrial Center F. Electric rates G. Borough detachment It was moved by Swartz, seconded by Burgess and unanimously carried by all those present to approve the regular meeting agenda as amended and the consent calendar as presented and the following action was taken: 805/PUB.SERV.FAC.: 1. August 5, 1982, Order Designating Carrier for Essential Air Transportation for Seward was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Representative Darryl Schaefermeyer gave a verbal report of the August 17, 1982, assembly meeting. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: I A. Chris Sauer, Vice President of Wheelabrator Coal Services, Inc., outlined the changes in Wheelabrator' s amended lease agreement with the City, specifically the removal of firm commitments by either party and certain milestones which had been included in the original lease. City Attorney explained that Wheelabrator would be paying rent and taxes on the leased parcel with an option to develop the property if and when it becomes economically viable to do so. The City could likewise terminate the lease with Wheelabrator with 60 days' notice if a "higher or better use" is found for the land. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None 24 PAGE 24 REGULAR MEETING - AUGUST 23, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) B. Ordinances for Public Hearing and Enactment: 320 & 350 (LEGAL & LEG.) : 1. Copies having been made available to Cripps read by title only a proposed ordinance entitled: the public, AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, CREATING CHAPTER 13, INITI- ATIVE, REFERENDUM AND RECALL, OF THE SEWARD CITY CODE. Acting City Manager noted that this ordinance had been introduced at the August 9, meeting at the request of the City Clerk and the City Attorney in order to bring the City Code into conformance with the Charter and the State Constitution. Notice of public hearing as published in the local newspaper was noted and the public hearing was opened; no one appeared from the audience in order to be heard and the public hearing was closed. It was moved by Soriano, seconded by 0' Brien and unanimously carried by all those present to enact Ordinance No. 510. C. Resolutions: 350 (LEGAL & LEG.)/ 870 (PUB Cripps noted SERV.FAC.): 1. Copies having been made available to by title only a proposed resolution entitled: the public, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, IN SUP- PORT OF UTILIZING THE CENTER SPAN OF THE JUNEAU-DOUGLAS BRIDGE AS A MEANS OF VEHICULAR ACCESS TO EXIT GLACIER. Acting City Manager noted that this resolution was being presented at the request of the Seward Chamber of Commerce, adding that both the Kenai Peninsula Borough Assembly and the Chamber of Commerce had passed similar resolutions in an effort to obtain federal funding for the purchase of the bridge. Following discussion, it was moved by Gillespie, seconded by Soriano and unanimously carried by all those present to adopt Resolution No. 82-61. 350 (LEGAL & LEG)/ 570 (MUN. Cripps noted UTIL.) : 2. Copies having been made available by title only a resolution entitled: to the public, A RESOLUTION OF THE THE CITY OF SEWARD, RIZING A LEASE RESURRECTION BAY TELEVISION, INC. CITY COUNCIL OF ALASKA, AUTHO- AGREEMENT WITH ENTERTAINMENT Acting City Manager noted that the Joint Use of Equipment Lease (Attachment A of the proposed Resolution) had been negotiated by the City Attorney at the direction of Council, adding that this resolution was a housekeeping measure authorizing the administration to finalize the agreement. It was moved by Soriano, seconded by Burgess and unanimously carried by all those present to adopt Resolution No. 82-62. X. UNFINISHED BUSINESS: A. August 18, 1982, memorandum from City Clerk relative to setting a meeting date for a proposed work shop with the administrative staff of Alaska Vocational Technical Center (AVTEC) was noted. Cripps, with Council consent, directed the Clerk to schedule a work shop for 7:00 p.m. on Monday, August 30, 1982, in order to discuss with representatives of AVTEC the proposed dedication of land to AVTEC for educational purposes. PAGE 25 REGULAR MEETING - AUGUST 23, 1982 VOLUME 20 X. UNFINISHED BUSINESS: (Cont'd) B. Acting City Manager reconnnended that Council authorize the administration to vacate the easements in Block 1, Jesse Lee Heights Subdivision, adding that all utilities in that area are underground and there is no further need for the easements. O'Brien and Burgess objected, stating that the cost of obtaining the easements if needed in the future would be exorbitant. Cripps, in the absence of any objections from the Council, instructed the administration to leave the easements "as is". I XI. NEW BUSINESS: None XII. CITY MANAGER REPORTS: 400 (MUN.PLNG. A. Acting City Manager noted that the City had until & DEV.): September 1 to nominate federal forest lands for selection by the State. He added that the administration was reconnnending that the City not nominate any land under this process. Swartz and O'Brien objected saying that the City should go after anything it can get, stating that once this opportunity to select the land has passed, the City would never get a second chance to acquire it. Acting City Manager noted that there was no guarantee that the City would ever be allowed to acquire any of the land selected since it was all situated outside the corporate boundaries of the City, adding that, in any case, the only availab le land was either mountainous or in a flood plain area. Burgess expressed his concern that the administration had failed to notify Council of the upcoming selection process in a timely manner. Acting City Manager responded that the City had received notice of the proposed nominations and selection only recently. Following further discussion, Cripps, with Council consent, directed the administration to "go for everything that is left". 1 RE 020 (DRESSER): B. August 20, 1982, letter from Dresser Industries informing the City of its intent to cancel its lease of property in the Industrial Subdivision was noted for Council information. (SPEC.PROJ.): C. Acting City Manager noted that the administration had, at the direction of Council, negotiated a contract with CHZM Hill for engineering services on the Lowell Creek diversion tunnel ln an amount not to exceed $143,500. He added that $175,000 had been budgeted for the engineering work. Following discussion, it was moved by 0' Brien, seconded by Swartz and unanimously carried by all those present to authorize the administration to enter into a contract with CH2M Hill in an amount not to exceed $143,500. (SPEC.PROJ): D. Acting City Manager noted for Council information Change Order No. 4 of the Elling Halvorson contract for construction of the Marathon Water Hydro proj ect. He explained that the change order did not change the dollar amount of the contract; the only change was a revision of quantities within the body of the c.ontract. (SPEC.PROJ): E. Acting City Manager noted that the administration had negotiated a contract with Century/Quadra for engineering services on Phase IV of the Marine Industrial Center in the amount of $386,560. He added that Council had approved $450,000 for this contract at an earlier meeting. 1510 (MUN.UTIL.): F. Acting City Manager noted that the administration was reconnnending an electric surcharge be imposed to cover the latest increase granted to Chugach Electric Association (CEA). The increase would bring the wholesale rate charged the City from .019842~ to .022162~. City Engineer Small noted that the City had not yet been advised by CEA of the exact rate to be charged the City; the rate given was the rate being charged Homer Electric and, traditionally, Seward and Homer have paid the same wholesale rate for electric power. The administration reconnnended that the surcharge be initiated as soon as possible since the rate increase, already in effect, would be billed retroactively in 2-3 months. In response to a question from Gillespie, City Engineer explained that the City preferred a surcharge over a rate r>6.., ~. PAGE 26 REGULAR MEETING - AUGUST 23, 1982 VOLUME 20 XII. CITY MANAGER REPORTS: (Cont'd) 510 (MUN. UTIL.) : cont'd. increase because this would allow the public to see why their rates are going up. O'Brien stated that he felt the City should inform the Public Utilities Commission that the rate increase would not be honored until the City had a contract with CEA. Following further discussion, the Council instructed the administration to prepare a resolution setting the electric surcharge for consideration at the September 13, 1982, meeting. G. Acting City Manager noted that the City Attorney had completed most of the paperwork necessary to begin circulating petitions for the proposed detachment from Kenai Peninsula Borough. The administration recommended waiting until this winter and spring to circulate the petitions, thus bringing the issue before the legislature in 1984. Burgess questioned whether the City should be advocating a separation from the Borough. City Attorney suggested that the petitions be circulated in the northern part of the proposed new Borough (Cooper Landing, Hope and Moose Pass) before addressing the issue in Seward to see if there was support for this idea in areas other than Seward. Following further discussion, the Council consensus was to continue the investigation of the feasibility of a new borough and to support the administration's recommendation to delay the circulation of the petitions until a later date. H. Acting City Manager requested clarification from Council concerning the grant providing for a seaborne ambulance for the City of Seward. O'Brien stated that Council had agreed at the August 9, meeting to instruct the administration to write a letter to the State expressing the City's desire not to accept the grant, with the understanding that the City would ask that the grant be rewritten in 1983 to allow the City to purchase a land based ambulance. I. Acting City Manager requested Council guidance in determining a rental amount for the first year of the amended Wheelabrator lease of property in the Fourth of July Creek Marine Industrial Center. Following discussion, Cripps, with Council consent, instructed the City Attorney to negotiate the best possible price he could obtain. RECESS: The meeting was recessed at 9:10 p.m.; reconvened at 9:20 p.m. XIII. COUNCIL DISCUSSION: A. August 11, 1982, minute order from the Seward Advisory Planning and Zoning Commission and amended Covenants and Restrictions for the Gateway Subdivision were noted. Gillespie stated that he had been present at the P&Z meeting at which the proposed covenants had been reviewed and amended and felt that they would protect the neighborhood without being too restrictive. Acting City Manager recommended that Section 5.06 of the Covenants be changed to read that a trailer could be occupied as a residence on the subject property for no more than six months, not one year, thus bringing this section into conformance with the City Code. Following further discussion, Cripps, with Council consent, instructed the City Attorney to research and present to Council a better description of "trailer" as it pertains to the proposed covenants. B. August 18, 1982, memorandum from City Clerk relative to a vacancy on the Seward Advisory Planning and Zoning Commission was noted. O'Brien stated that he had talked to Eldon Johnson about applying for the vacant seat and suggested that some of the other Councilmembers call him and encourage him to apply. Cripps stated that he would call Johnson and talk to him about it. C. Cripps noted that the State primary election was being held August 24 and encouraged everyone to vote. 120 (ADM.): Cripps then announced that he was proclaiming September 1-7, 1982, Bowling Week in Seward. nre' PAGE 27 REGULAR MEETING - AUGUST 23, 1982 VOLUME 20 XIII. COUNCIL DISCUSSION: (Cont'd) D. In response to a question from Soriano relative to the status of airline service to Seward, Acting City Manager stated that South Central Airlines had been designated the carrier to provide essential air transportation to the City. He added that he did not know if AAI would continue to fly in and out of Seward. I E. O'Brien asked the administration to investigate the possibility of initiating diagonal parking h1J/~//d~//~d//nd~****** Nrf,tI-#.#.ntl-liit,#i,/ tM/ #t#1:/ t/r/:JtnI ft:M/ ~ fTlrfJlfirNcjrjfl Nf/f/i/cffj. Acting City Manager stated that he would investigate this, adding that he could foresee no problems. F. In response to a question from Swartz, Acting City Manager stated that Administrative Assistant Kerry Martin was in the process of preparing an inventory of all City owned property, adding that it should be ready to present to Council at the September 13, meeting. G. Cripps spoke briefly about his recent trip to Japan with the Seward High School Band and Chorus. H. In response to a question from O'Brien, Kerry Martin stated that he had not yet initiated a contest to develop a new logo for the City of Seward because he wanted to avoid the possibility of having to choose an unacceptable design if the City failed to receive one of sufficient quality. Following discussion, Council directed Martin to contact the head of the local Art Guild and set up a logo competition with instructions to read "...if selected..." to avoid such an occurrence. XIV. CITIZENS' DISCUSSION: I A. Willard Dunham appeared from the audience and requested that the yellow "no parking" strip be removed from the curb area outside the Palace, stating that the area was no longer a taxi zone. Acting City Manager stated that he would look into this matter. XV. ADJOURNMENT: The meeting recess, the Council personn;L,~~,:,_, .<,'.-" ". :~ was adjourned at 9:55 p.m., and after a short reconvened in executive session to discuss a (City Seal) " ,j' 'J --------~:~------------------------------------------------------- PAGE 27 SPECIAL MEETING - SEPTEMBER 7, 1982 VOLUME 20 1. CALL TO ORDER: I The September 7, 1982, special meeting of the Seward City Council was called to order at 12:00 noon by Mayor Donald W. Cripps. II. OPENING CEREMONY: flag. Councilmember 0' Brien led the pledge of allegiance to the ****** ....on either side of Fourth Avenue just south of Jefferson to accommodate the increased need for parking spaces since the opening of the new restaurant across the street from the General Telephone office. "-'u ./:.0 PAGE 28 SPECIAL MEETING - SEPTEMBER 7, 1982 VOLUME 20 III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Meehan, O'Brien and Soriano. (Councilmember Gillespie arrived just after adjournment and Swartz was excused) Present also: City Manager Garzini and City Clerk Murphy IV. SPECIAL ITEMS: (SPEC.PROJ.): A. September 3, 1982, memorandum from Assistant City Manager Schaefermeyer relative to change orders No. 5 & 6 to the Elling Halvorson, Inc. contract for construction of the Marathon Hydroelectric project was noted. City Manager stated that the change orders were necessitated by a "fast-track" approach to construction resulting in an unforeseen size difference in the turbines to be used. He added that by acting quickly, the City would save money and recommended approval of the change orders in a total not-to-exceed figure of $38,965.48. It was moved by Soriano, seconded by 0' Brien and unanimously carried by all those present to approve change orders number 5 and 6 to the Marathon Hydroelectric project to Elling Halvorson, Inc. 560 (MUN. UTIL.): B. September 3, 1982, memorandum from City Engineer Small relative to the award of the contract for construction of the water main extension to the State grain elevator was noted. City Manager also noted for Council that the City had received an excellent bid from a qualified contractor who was ready to proceed with construction of the project. He advised Council that the irregularity in the bid documents noted by Ott Water Engineers was consistent in each of the four low bids received and recommended that Council award the contract to Elling Halvorson. It was moved by Soriano, seconded by Meehan and unanimously carried by all those present to award the contract to Elling Halvorson, Inc. in an amount not to exceed $113,540 for construction of the Seward Industrial Water Main Extension to the State grain elevator. V. CITIZENS' DISCUSSION: VI. ADJOURNMENT: ~ing ::: ~ tY , ' ;,~ was adjourned at 12:05 p.m. o~~ Donald W. Cripps Mayor (Cf'tISeal) ~.<'t1- ' ' , 07'~" '. "" ~;,. PAGE 28 REGULAR MEETING - SEPTEMBER 13, 1982 VOLUME 20 1. CALL TO ORDER: The September 13, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Swartz led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Meehan, O'Brien, Soriano and Swartz (Absent, with Council consent, was Councilmember Burgess) "),( \ PAGE 29 REGULAR MEETING - SEPTEMBER 13, 1982 VOLUME 20 III. ROLL CALL: (Cont'd) Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: At the request of O'Brien, agenda item XIII. E. (COUNCIL DISCUSSION), Page 27, Volume 20, was amended to read as follows: I O'Brien asked the administration to investigate the possibility of initiating diagonal parking on either side of Fourth Avenue just south of Jefferson to acconnnodate the increased need for parking spaces since the opening of the new restaurant across the street from the General Telephone Office. Acting City Manager stated that he would investigate this, adding that he could foresee no problems. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried by all those present to approve the August 23, 1982, regular meeting minutes as amended and the September 7, 1982, special meeting minutes 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 Meehan and unanimously carried by all those present to hold an executive session after the regular meeting to discuss a legal matter. City Manager requested the following additions to the regular meeting agenda: I VIII. CITIZENS' DISCUSSION: B. Dale Clemens - Small Boat Harbor lease NEW BUSINESS: C. September 10, 1982, memorandum from City Engineer relative to additional power line work XI. He also requested that Item No. XI.B (NEW BUSINESS) be deleted from the agenda. I t was moved by Meehan, seconded by 0' Brien 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: 300 (LEGAL & LEG.): 1. July 1982 invoice from Hughes, Thorsness, Gantz, Powell and Brundin for legal services in the amount of $8,645.77 was approved for payment and filed; 210 (FIN.SERV.): 2. September 7, 1982, accounts payable approved for payment Finance Department's list of totalling $3,819,043.69 was and filed; and 3. August 1, 1982, Grant Lake Hydroelectric proj ect progress report No. 10 was noted for information and filed. I VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Darryl Schaefermeyer gave a verbal report of the Borough Assembly meeting of September 8, 1982. .10 PAGE 30 REGULAR MEETING - SEPTEMBER 13, 1982 VOLUME 20 VII. PUBLIC HEARINGS: A. Notice of Public Hearing as published in the local newspaper and posted was noted and the public hearing on a proposed dedication of approximately 8.4 acres of land located in and around First Lake to Alaska Vocational Technical Center (AVTEC) was opened; no one appeared from the audience in order to be heard, and the public hearing was closed. City Manager noted the September 9, 1982, memorandum from Assistant City Manager outlining the administration's findings and recommendations relative to this matter and stated that representatives of AVTEC had indicated their willingness to accept said recommendations. Cripps, with Council consent, advised the administration to proceed with the process for disposal of the subject property to AVTEC as outlined in the memorandum. VIII. CITIZENS' DISCUSSION: (With Prior Notice Only) A. Rhonda Anderson and Harume Kawabe appeared audience, shared some of their experiences in Japan as representatives at HOKKAIDO EXPO 82, and thanked Council for them the opportunity to travel to Japan and participate in the from the Seward's affording EXPO. B. Dale Clemens appeared from the audience and requested permission from Council to construct an addition to the Fish House, located at Lot 1, Block I, Marina Subdivision, in order to house a shop for boat maintenance. There being no objections from Council, City Attorney was instructed to review Clemens' lease with the City to determine the legality of proceeding with an addition and to come back to Council at the next regularly scheduled meeting with a resolution approving the construction if allowed under the terms of the lease. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Copies having been made available to the public, Cripps read by title only a proposed ordinance entitled: AMENDING CHAPTERS 6 AND 11 OF THE SEWARD CITY CODE. Assistant City Manager noted that the purpose of this amendment was to identify the editions of the Uniform Codes currently adopted and incorporated as part of the Seward City Code. It was moved by Soriano, seconded by 0' Brien and unanimously carried by all those present to introduce proposed Ordinance No. 511, and the public hearing was set for September 27, 1982. B. Ordinances for Public Hearing and Enactment: C. Resolutions: 290 (FIN.SERV.)/ 350 (LGL.Cripps read & LEG.): 1. Copies having been made available to by title only a proposed resolution entitled: the public, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, IN OPPOSITION TO KENAI PENINSULA BOROUGH ORDINANCE NO. 82-57, EX- EMPTING HOME ENERGY SOURCES FROM SALES TAX. Assistant City Manager noted that KPB Ordinance No. 82-57 had failed when presented to the Assembly at its September 8 meeting, but would be reconsidered at its next meeting and would probably pass at that time. He added that, if approved by the Borough Assembly, the provisions of this ordinance would result in an estimated $18,000 annual loss in revenue to the City of Seward. City Attorney asked that the second WHEREAS clause be amended to change "..., affects..." to ".. .may affect...". It was moved by Soriano, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 82-63, as amended. r' " PAGE 31 REGULAR MEETING - SEPTEMBER 13, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) 200 (FIN.SERV.)/ 350 (LGL.Cripps read & LEG.): 2. Copies having been made available to by title only a proposed resolution entitled: the public, I A RESOLUTION AUTHORIZING SIGNA- TURES FOR THE CITY BANK ACCOUNT AND RESCINDING ALL PREVIOUS RESOLUTIONS IN CONFLICT HEREWITH. City Manager noted that the Administration was recommending that Data Processing Accountant Nancy Goodwill's name be added as a signer on the City's checking account due to the recent illness of Finance Director Joe Gale. It was moved by Meehan, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 82-64. 510 (MUN.UTIL.)/ 350 (LGL.Cripps read & LEG.): 3. Copies having been made available to by title only a proposed resolution entitled: the public, A RESOLUTION ESTABLISHING SUR- CHARGE FOR ELECTRIC RATES. Assistant City Manager noted that the effect of this resolution would be to directly pass on to the consumer all future rate increases received from Chugach Electric Association (CEA). He also requested that the third WHEREAS clause be amended, changing the new rate being billed by CEA to ".022983<;:". It was moved by O'Brien, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 82-65, as amended. (SPEC. PROJ)/ 350 (LGL.Cripps & LEG.): I 4. Copies having been made available to read by title only a proposed resolution entitled: the public, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING $1,500,000 FROM THE GENERAL FUND SURPLUS ACCOUNT TO THE MIP BREAKWATER CELLS, AD- DITIVE ALTERNATE NO. 1-B ACCOUNT. City Manager noted that this was another housekeeping item; the contract for the breakwater cells was awarded to Chris Berg by the Council on May 24, 1982, under Resolution No. 82-32. It was moved by Meehan, seconded by Soriano and unanimously carried by all those present to approve Resolution No. 82-66. X. UNFINISHED BUSINESS: I A. Assistant City Manager noted that the final draft of the Covenants and Restrictions for the Gateway Subdivision were being presented to Council for approval. He added that Council had received the original covenants as presented by Century/Quadra, along with the recommendations of the Seward Advisory Planning and Zoning Commission, at its last regular meeting. O'Brien and Meehan expressed concern that the public had not been afforded an opportunity to comment on the proposed covenants and restrictions. Gillespie stated that he had attended P&Z meetings when the covenants were discussed and that the Commission had accepted comments from the audience. Assistant City Manager noted that the Planning and Zoning Commission is not required to hold a public hearing on the covenants and restrictions and had elected not to do so. Cripps, with Council consent, remanded the covenants back to the Planning and Zoning Commission for Public Hearing. 440 (P&Z): B. Cripps noted the application of Sandra Wassilie for the vacancy on the Planning and Zoning Commission as submitted to the City Clerk and the September 7, 1982, memorandum from the Clerk recommending that Council appoint Ms. Wassilie to fill the seat vacated by Ben Ikerd. It was moved by Soriano, seconded by Swartz and unanimously carried by all those present to appoint Sandra Wassilie to a position on the Planning and Zoning Commission. Ms. Wassilie I s term will expire in February, 1984. --)<"""\ < , 1,-, ~_ PAGE 32 REGULAR MEETING - SEPTEMBER 13, 1982 VOLUME 20 XI. NEW BUSINESS: 330 (LEGAL & LEG.) A. September 9, 1982, memorandum from Assistant City Manager and attached claim for damages as submitted by Percy Blatchford were noted. The claim arose from a July 5, 1982, incident wherein a portable sign fell from a City vehicle causing minor damage to a vehicle being driven by Mr. Blatchford. Meehan expressed his concern that proper safety precautions were not being taken by the operators of City vehicles. Following discussion, it was moved by Soriano, seconded by 0' Brien and unanimously carried by all those present to pay Percy Blatchford $133.90 for damages incurred in the accident of July 5, 1982. B. Deleted. 510 (MUN. UTIL) : C. September 10, 1982, memorandum from City Engineer relative to additional power line work was noted. City Manager stated that the City would save money by approving an addition to the existing contract with Power Two to relocate the Lowell Canyon line and to relocate and upgrade the power lines in the harbor area. In response to a questions from Gillespie, City Engineer noted that the work would be performed on a "time and materials" basis at a cost not to exceed $40,530. Following further discussion, it was moved by Swartz, seconded by Meehan and unanimously carried by all those present to direct the administration to proceed with the contract addition. XII. CITY MANAGER REPORTS: A. Discussed earlier under agenda item No. VII. A. B. City Manager distributed a memorandum from Assistant City Manager relative to sewer service connection fees outlining the reasons behind the fee and the administration's recommendations for a reduced inspection fee. C. City Manager distributed September 13, 1982, memorandum from City Engineer relative to City Water Well No. 2 which has just recently been determined to be non-operational. He informed Council that he had instructed the Engineer to proceed with repair of the well which constitutes the City's main back-up water supply. He added that the cost of repair could be as much as $12,000, but would probably be less. D. City Manager distributed September 10, 1982, letter from Century/Quadra relative to the status of the development of Gateway Subdivision. Administrative Assistant Kerry Martin appeared from the audience and outlined the proposed time-table for development and sale of the subdivision. XIII. COUNCIL DISCUSSION: None. XIV. CITIZENS' DISCUSSION: A. H. D. Tomlinson, representing United Oilfield Services, Inc., appeared from the audience with a proposal to purchase the Jesse Lee Home. There being no objection from Council, Cripps directed Tomlinson to submit his written proposal, along with his certified check in the amount of $5,000, to the Clerk for inclusion as an agenda item for the next regularly scheduled meeting. B. Chuck Karges, Ed Hatch and Eldon Johnson appeared from the audience and expressed their opposition to what they called an "excessive" sewer service connection fee of $250. The Council directed the Clerk to schedule this topic for discussion at the next regularly scheduled meeting. ." ." PAGE 33 REGULAR MEETING - SEPTEMBER 13, 1982 VOLUME 20 XV. ADJOURNMENT: The meeting as adjourned at 8:35 p.m., and after a short recess, the Council reconvened in Executive Session to discuss the impact of VECO's bankruptcy on the City of Seward. I ( ~ ~' - ,1/, / L ' ,- C-t-t(JlJ!ic' ~ Donald W. Cripps /' Mayor (City PAGE 33 REGULAR MEETING - SEPTEMBER 27, 1982 VOLUME 20 I. CALL TO ORDER: The September 27, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Gillespie led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan, O'Brien, Soriano and Swartz I Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: It was moved by Soriano, seconded by O'Brien and unanimously carried to approve the September 13, 1982, regular meeting minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: It was moved by Meehan, seconded by Burgess and unanimously carried to approve the regular meeting agenda and the consent calendar as presented, and the following actions were taken: 460 (OTS) 1. September 14, 1982, letter from Kenai Peninsula Borough planning director relative to the vacation of First Avenue was noted for information and filed. 510 (ELEC) 2. September 1, Hydroelectric filed. 1982, Progress Report #11, Grant Project, was noted for information Lake and VI. I gave a 1982. VII. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough representative Darryl Schaefermeyer verbal report of the Borough Assembly meeting of September 21, PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: (With prior notice only) None '~;' i " "',.: PAGE 34 REGULAR MEETING - SEPTEMBER 27, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Copies having made available to the public, Cripps noted by title only a proposed ordinance entitled: 350 (ORD)! 110 (BOARDS & COM): 350 (RES)! 715 (BLDG) 350 (RES)! 740 (POLICE): AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, CREATING A SEWARD ADVISORY TRADE DEVELOPMENT COMMISSION. Cripps noted that an amended form of this ordinance had been distributed to Council, entitled: AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, CREATING AN INTERNATIONAL TRADE AND INDUSTRY DEVELOPMENT BOARD. This amendment was the result of requests from members of the community who expressed a desire to change the name of the board to reflect its international leanings. Other changes included changing the term of appointment from 3 years to 5 and the addition of a provision designating the board as the coordinating body for the Seward-Obihiro student exchange program. Following discussion, it was moved by Soriano, seconded by Swartz and unanimously carried to introduce proposed Ordinance No. 512 as amended on September 27, 1982. The public hearing was scheduled for the October 11, 1982, regular meeting. B. Ordinances for Public Hearing and Enactment: 1. Copies having been made available to the public, Cripps noted by title only a proposed ordinance adopting and identifying the particular editions of the various uniform codes currently incorporated as a part of the City Code, entitled: AMENDING CHAPTERS 6 AND 11 OF THE SEWARD CITY CODE. Notice of public hearing as published once in the local newspaper and posted was noted, and the public hearing was opened. Willard Dunham appeared from the audience and asked if provisions had been made for residents of Seward to have electrical work done in the absence of a licensed electrician. City Attorney explained that this issue was not addressed by this ordinance since the effect of the ordinance was merely to adopt the most current editions of the various codes and to identify them by year as required by State law. No one else appeared from the audience in order to be heard and the public hearing was closed. Following discussion, it was moved by Meehan, seconded by Burgess and unanimously carried to adopt Ordinance No. 511. C. Resolutions: 1. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE PURCHASE OF A POLICE VEHICLE WITHOUT FULL UTIL- IZATION OF THE BID PROCEDURES SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE. City Manager noted the September 15, 1982, memorandum from Assistant City Manager and attached memorandum from Police Chief Bencardino. He stated that the City had requested bids from several area dealers, adding that Hutchings Chevrolet had submitted the low bid of $9028.66. Upon the recommendation of the City Manager, it was moved by Burgess, seconded by Swartz and unanimously carried to approve Resolution No. 82-67. PAGE 35 REGULAR MEETING - SEPTEMBER 27, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) 2. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: 350 (RES)! 280 (ST.REV.) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CITY OF SEWARD RESOLU- TION NO. 82-57 IDENTIFYING THE CAPITAL PROJECTS AND AMOUNTS ALLOCATED TO EACH PROJECT IN AC- CORDANCE WITH AS 37.05.315. I City Manager explained that the purpose of this resolution was to increase the appropriation to the Lowell Canyon Sewer Line fund in order to bring the total appropriation in line with the low bid of $48,970 received from Elling Halvorson plus administrative and inspection fees for a total projected cost $57,580 to complete the project. He directed Council's attention to September 20 memoranda from Assistant City Manager and City Engineer, noting that the next item on the agenda, proposed Resolution No. 82-69, entitled: 350 (RES)! 900 (SPEC PROJ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING A CONTRACT FOR JEFFER- SON STREET SEWER IMPROVEMENTS TO ELLING HALVORSON, INC., could be considered with this resolution. Following discussion, it was moved by Soriano, seconded by Meehan and unanimously carried to approve Resolutions No. 82-68 and 82-69. 3. See item No.2 above. I 4. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: 350 (RES)! 900 (SPEC PROJ): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE AWARD OF ADDI- TIONAL ELECTRIC POWER LINE WORK TO POWER TWO, A JOINT VENTURE CONSISTING OF POWER CITY CON- STRUCTION, INC., AND POWER CON- STRUCTORS, INC., ("POWER TWO") WITHOUT FULL UTILIZATION OF THE BID PROCEDURE SET FORTH IN SEC- TION 10-8 OF THE SEWARD CITY CODE. City Manager noted that this was a housekeeping measure, adding that Council had approved the award of this contract to Power Two at the September 13, 1982, regular meeting. It was moved by Soriano, seconded by Meehan and unanimously carried to approve Resolution No. 82-70. 5. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: I 350 (RES)! 280 (ST REV): A RESOLUTION AMENDING CITY OF SEWARD RESOLUTION NO. 82-43 IDENTIFYING THE CAPITAL PROJECTS AND THE AMOUNT ALLOCATED TO EACH PROJECT IN ACCORDANCE WITH HCS CSSB 168 (FINANCE) 1981 SESSION. Assistant City Manager, noting his September 23, 1982, memorandum, explained that the purpose of this resolution was to reallocate $10,000 ,~ r: PAGE 36 REGULAR MEETING - SEPTEMBER 27, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) from the Greenbelt project to the public restroom project to cover additional charges billed to the City by the contractor for work completed. He added that the change order covering this additional work would be considered under agenda item A under New Business. It was moved by Burgess, seconded by Gillespie and unanimously carried to approve Resolution No. 82-71. 6. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: 350 (RES)/ 150 (LOCAL ORGS): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING THE EFFORTS OF THE RESURRECTION BAY HISTORICAL SO- CIETY AND THE TRAIL BLAZERS CLUB TO ACQUIRE TOGO FOR DISPLAY IN SEWARD. Meehan stated that he was introducing this resolution at the request of members of the local Historical Society and the Trail Blazers Club. It was moved by Meehan, seconded by Soriano and unanimously carried to approve Resolution No. 82-72. X. UNFINISHED BUSINESS: 500 (PUB UTIL): A. September 13, 1982 memorandum from Assistant City Manager and attached minute order relative to sewer service connection fees were noted. City Manager explained that the original intent of the $250 connection fee was to go towards retirement of the sewer utility debt service. Since the relatively few new connections made were doing little to help retire the debt, it was the recommendation of the administration that the fee be amended to be a wastewater connection inspection fee and that the charge be lowered to $100 per inspection. In response to a question from Gillespie concerning the reimbursement of those individuals who have paid the $250 fee, City Manager stated that he would research the matter and report back to Council at the next regularly scheduled meeting. There being no objection from Council, Cripps instructed the City Manager to prepare a resolution amending the fee schedule for presentation at the October 11 meeting. 420 (JL HOME): B. September 13, 1982 proposal from United Oilfield Services relative to the purchase and development of the Jesse Lee Home and property was noted. Cosby Steen appeared from the audience and outlined the proposed restoration of the two buildings presently located at the site and their conversion to multi-family dwellings. City Manager stated that while the concept of restoration and development of the property was desirable, he was recommending that the Council reject the proposal as submitted by United Oilfield Services. He further recommended that the administration be authorized to have the property appraised and to solicit two types of bids for the development of the property--one incorporating the Jesse Lee Home and one without incorporation of the Home. He noted that before any of this could be done, it would be necessary to work out the road alignments for the Gateway Subdivision since the Jesse Lee property would be affected by the placement of the roadways. Cripps, with Council consent, rejected the proposal as submitted by United Oilfield Services and instructed the Clerk to return the $5,000 check which had been submitted with the proposal as earnest money. He then instructed the administration to proceed with appraisal and requests for proposals on the property. 460 (MARINA SUB): C. September 23, 1982 memorandum from Assistant City Manager relative to a proposal from Dal~Cl~~ for an addition to the Fish House Shop located at Lot I, Block I, Marina Subdivision was noted. City Manager stated that this was a follow up to the proposal Clemens had made at the last meeting. Following discussion, the Clerk was instructed by Council to send a letter to Cl~~':'expressing Council's approval of his plans for the addition. "" -~ ," PAGE 37 REGULAR MEETING - SEPTEMBER 27, 1982 VOLUME 20 RECESS: The meeting was recessed at 8:26 p.m.; reconvened at 8:35 p.m. XI. NEW BUSINESS: (CON 007)' A. September 14, 1982 memorandum from Engineer Tim Pflum and September 23, 1982 memorandum from Assistant City Manager relative to METCO, Inc. Change Order No. 1 in the amount of $5,039.31 were noted. City Manager noted that the public restrooms had been completed and this change order would close out the project; he recommended approval. It was moved by Meehan, seconded by Burgess and unanimously carried to approve Change Order No. 1 to the METCO contract. I B. September 15, 1982 memorandum from City Clerk relative to the appointment of a voting delegate to the National League of Cities was noted. O'Brien stated that he did not see the value in sending a delegate to the national convention. There being no objection from Council, Cripps informed the Clerk that the City would not be participating in the up-coming convention. 215 (FIN SERV): C. September 15, 1982 memorandum from Assistant City Manager relative to a proposed sewer and water utility cost of service study was noted. City Manager noted that there had been no water rate increase since 1976, adding that the water and sewer utility has operated in a deficit position for the past two fiscal years. He recommended that Council approve the expenditure of approximately $20,000 to retain the services of a consulting firm to conduct a cost of service study with a view toward setting an equitable rate structure for water and sewer. O'Brien objected to spending such a sum, stating that the analysis and rate increase could be done in-house. Gillespie and Burgess agreed with the City Manager's position that an outside consultant should conduct the initial cost/rate study. Following discussion, it was moved by Gillespie, seconded by Burgess and carried as follows to go along with the City Manager's recommendation and authorize him to solicit proposals from firms for a cost of services study: I AYES: NOES: Burgess, Cripps, Gillespie, Meehan and Swartz O'Brien and Soriano XII. CITY MANAGER REPORTS: City Manager reported to Council on his meetings in Anchorage with representatives or the Alaska Power Authority (APA), Chugach Electric Association (CEA) and the Alaska Railroad (ARR). City Manager also informed Council that Water Well No. 2 had been repaired at a cost to the City of only $900. September 24, 1982 letter from John Conover relative to the placement of breakwater cells 15 and Industrial Center construction site, as distributed noted. of Century/Quadra 16 at the Marine to Council, was City Manager stated that he had invited a delegation from Fairbanks, including the Mayor, members of the Council and the Chamber of Commerce, and members of the press, to visit Seward on October 9 and 10 to tour the Fourth of July Creek Marine Industrial Center and to meet informally with the City administration and Council to discuss use of the Seward Port for shipping to and from Fairbanks. He asked the Council to keep that weekend open for meetings and dinner with the delegation. I In response to a question from Meehan, Assistant City Manager noted that Chris Berg had been awarded the contract for construction of the grain facility, adding that progress was being made in the City's construction of the water main to the site. XIII. COUNCIL DISCUSSION: A. Swartz commended those who had worked so hard during recent heavy rains to clear up problems with the Lowell Creek Tunnel and the Lowell Point Road. SB PAGE 38 REGULAR MEETING - SEPTEMBER 27, 1982 VOLUME 20 XIII. COUNCIL DISCUSSION: (Cont'd) B. In response to an inquiry from O'Brien, Assistant City manager stated that he would be meeting with the Public Works Department soon to get work underway on the diagonal parking on Fourth Avenue. O'Brien also suggested that someone look into the problem of recreational vehicle parking in the downtown area. Chief Bencardino, appearing from the audience, stated that a citizens group had contacted him concerning a study they were conducting in the downtown area. He added that the group was in the process of preparing a proposal for presentation to Council. C. In response to a question from Burgess, Assistant City Manager stated that the project manager from CH2M Hill for engineering of the proposed rehabilitation of the Lowell Creek Tunnel was to be in Seward on October 5 to begin the formal on-site work. Burgess then inquired as to damage to the Marathon Hydro project during recent flooding. Assistant City Manager stated that quite a bit of rip rap had been lost, adding that the City had been in contact with the design engineers and that the rip rap would be replaced at their cost. He went on to state that the proj ect had been placed upstream of the dam for disposal of excess water through the tunnel. E. Cripps added his compliments to the City crews for their work on Lowell Point Road. The Mayor, with Council consent, scheduled a work session with the Seward General Hospital Board for 7:00 p.m., Monday, October 4, 1982, in order to discuss appropriation of monies to the hospital. Cripps stated that he had received a photo album from Mr. Takashi Nomura of Obihiro containing a "photo history" of the Band and Chorus' trip to Japan. He instructed the Clerk to donate the album to the local library after display in City Hall. Alaska Olympics Cripps noted that he had presented a proclamation to the State Troopers participating in the run for SOME (Special Mileage Event) on Saturday, September 25. XIV. CITIZENS' DISCUSSION: A. Willard Dunham appeared from the audience and spoke in favor of the City making a bid for designation as the site of the State prison facility. He also questioned why it was now necessary to be doing sewer line work in Dairy Hill and Lowell Canyon when the City had just recently completed construction of a new city-wide sewer system and sewage treatment plant. Assistant City Manager explained that it was not possible to include these two areas under the grant which had been obtained for the sewage treatment plant. O'Brien added that the City was endeavoring to clean up problem areas as money became available. B. Ivan Darbyshire appeared from the audience and asked about the status of the proposed Elk's lease. City Attorney explained that the City was awaiting finalization of the Evarts Grocery Store lease before formalizing the Elk's lease. (The Evarts lease is to serve as a model for all future leases.) XV. ADJOURNMENT: The meeting was adjourned at 9:30 p.m. PAGE 39 SPECIAL MEETING - OCTOBER 6, 1982 VOLUME 20 I. CALL TO ORDER: The October 6, 1982, special meeting of the Seward City Council was called to order at 4:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember 0' Brien led the pledge of allegiance to the flag. I III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Meehan, 0' Brien, Soriano and Swartz (Absent, with Council consent, was Councilmember Swartz) Councilmember Gillespie arrived at 4:45 p.m. Present also: City Clerk Murphy and Deputy Reynolds City Clerk IV. SPECIAL ITEM: 320 (ELECTIONS)/ The City Clerk distributed a tally of the unofficial results 120 (C. of the October 5, 1982, regular municipal election showing the total Coun.): number of votes cast for each candidate and confirming that 460 votes had been cast and 448 counted by the election boards; the remaining 12 ballots were questioned ballots to be considered by the Canvass Board. I The Clerk distributed a list bearing the names of 36 electors who had requested absentee ballots. She stated that the ballots of Malcolm F. Branson, S. Joseph Gale, Tammi L. Lindsey, Sherry C. Mainard, Stephen K. Rockwood and Donald A. Sutherland had not been returned in time for the Canvass. Of the remaining 30 persons receiving absentee ballots, the ballot of Edrie C. Andrews had been returned in time for the canvass, but did not contain the attestations as required by State and City law. The Clerk therefore recommended that Andrews' ballot be rejected and that the remaining 29 ballots be counted. It was moved by O'Brien, seconded by Meehan and unanimously carried by all those present to accept the clerk's recommendation to count the 29 absentee ballots received. The absentee ballots as cast by the following electors were removed from their outer envelopes, shuffled and laid aside to be counted with the questioned ballots: Precinct No. 1 Precinct No. 2 I BOOHER, Robert D. CORP IN , Andrew C. CROFT, Michael D. JORGENSEN, Damon R. LANDENBURGER, Eric L. MATTHEWS, M. A. OHMER, Jackie OLLESTAD, Gilbert PETERSON, Debra L. **PICKETT, August F. RICHARDSON, Robert F. SMALL, Thomas S. SWIMM, Alice L. WILFONG, Luella J. WILFONG, John H., Jr. BLAIR, Debra A. CAMPBELL, Douglas A. HANSON, Franklin S. KILCUP, Joan M. LECHNER, Charles E. LEIRER, Herman E. MCANERNEY, W. Lee PAUL, Judy M. PAUL, Augustus J. III RIOPEL, Margie M. VANEK, Frank L. VANEK, Helen J. VIRCHOW, Jerry L. WILFONG, John, Sr. ** When the outer envelope of the ballot submitted by August Pickett was opened, it was found that Pickett had failed to seal his ballot in the plain white envelope provided for that purpose. Therefore, it was the decision of the Canvass Board to reject the ballot as cast and the Clerk was directed to place it with the other rejected ballots to be retained for one year and then destroyed pursuant to City Code provisions. PAGE 40 SPECIAL MEETING - OCTOBER 6, 1982 VOLUME 20 IV. SPECIAL ITEM: (Cont'd) The Clerk distributed a list bearing the names of those individuals casting questioned ballots on Election Day. She stated that, of the 12 ballots cast, only four were cast by voters residing in and properly registered to vote in the City of Seward. Therefore, the Clerk recommended that the ballots cast by the following voters be rejected for the reasons listed: Precinct No. 1 Reason for Rejection CASTELE, Ann Marie HOLLAND, Donald E. No record of registration on file Registered in Bear Creek Precinct, No record of change of address Not registered in time for election Not registered in time for election No record of registration on file Not registered in time for election LORZ, Gerald S. LORZ, Pauline PEASE, Dale F. YOUNG, Jack R. Precinct No. 2 HUNT, Patricia PETANOVITCH, Virginia M. Resident of Bear Creek Precinct Change of Address not filed in time for election. It was moved by O'Brien, seconded by Soriano and unanimously carried by all those present to accept the Clerk's recommendation to count the 4 questioned ballots as indicated on the questioned ballot list. The questioned ballots as cast by the following electors were removed from their outer envelopes and shuffled with the absentee ballots for counting by the Canvass Board: Precinct No. 1 Precinct No. 2 HOLLINGSWORTH, Daryl HOLLINGSWORTH, Dori MORGAN, Robert A. STALLINGS, Michael A. The 32 approved ballots were removed from their blank white envelopes by Burgess and read aloud by Cripps with Gillespie and Soriano observing and O'Brien and Meehan conducting the tally. The totals of the absentee and questioned ballots counted were added to the totals of those ballots cast and counted on October 5. The City Clerk read the results of the combined totals as follows, and it was moved by Soriano, seconded by O'Brien and unanimously carried by all those present to accept the totals as read and to declare the results as final. It was confirmed that John F. Gillespie, Karen A. Swartz and Geoffrey Wilson had each been elected to a two-year term on the City Council. The official results were as follows: CITY COUNCIL Two Year Term PRECINCT PRECINCT ABSENTEE/ (Three to be Elected) NO. 1 NO. 2 QUESTIONED TOTALS Margaret A. Branson 114 42 16 172 JOHN F. GILLESPIE 190 82 17 289 Charles H. Soriano 105 55 11 171 KAREN A. SWARTZ 149 54 17 220 Raya Williams 114 80 13 207 GEOFFREY WILSON 154 104 13 271 John Brockman 1 0 0 1 Betty Casey 1 0 0 1 Dale Clemens 1 0 0 1 David Hilton 1 0 0 1 Mary Lewis 0 1 0 1 Tom Reese 1 0 0 1 Gene Skinner 0 0 1 1 Patricia Williams 1 0 0 1 TOTAL VOTES CAST 306 154 42 502 TOTAL VOTES COUNTED 298 150 32 480 ,~ 1 PAGE 41 SPECIAL MEETING - OCTOBER 6, 1982 VOLUME 20 V. ADJOURNMENT: The meeting was adjourned at 4:54 p.m. I QAJa. Donald W. Cripps Mayor ------------------------------------------------------- REGULAR MEETING - OCTOBER 11, 1982 VOLUME 20 I. CALL TO ORDER: The October II, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Gillespie led the pledge of allegiance to the flag. Ill. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan and 0' Brien (Councilmember Swartz was absent with Council consent) I Present also: City Manager Garzini, Assistant City Manager Schaefermeyer, City Attorney Arvidson and City Clerk Murphy IV. APPROVAL OF MINUTES: It was moved by Meehan, seconded by Burgess and unanimously carried by all those present to approve the September 27 and October 6 minutes as written. SPECIAL ITEM: 120 (C.COUNCIL): Incumbent Councilmember Gillespie and newly-elected Councilmember Geoffrey Wilson were sworn in by the City Clerk. Wilson assumed the seat vacated by Soriano and thereafter participated in the meeting. Councilmember Swartz, who was absent, was slated to be sworn in at the October 25 meeting. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: In response to a request from the City Manager, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to schedule an executive session after the close of the regular meeting to discuss matters involving possible litigation. City Manager requested the following addition to the regular meeting agenda: I IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Proposed Ordinance No. 513, amending Section 5-57 of the City Coded by deleting preference shown to Seward residents for berthing privileges in the Small Boat Harbor. 42 PAGE 42 REGULAR MEETING - OCTOBER 11, 1982 VOLUME 20 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd) Gillespie requested the addition of the following to the regular meeting agenda: XIII. COUNCIL DISCUSSION: A. Railroad extension to the Fourth of July Marine Industrial Center It was moved by Wilson, seconded by Burgess 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: 885 (ARR): 1. September 30, 1982, letter from U. S. Department of the Interior relative to the designation of the Alaska Railroad as a National Historic Landmark was noted for information and filed. 210 (BUDGET): 2. October 5,1982, Finance Department's list of accounts payable totalling $2,902,301.32 was approved for payment and filed. 460 (SUB); 3. September 28, 1982, letter from State Department of Natural Resources relative to of conditions on Lot 2, Tract B, USS Nos. was noted for information and filed. of Alaska the release 149 and 242, 870 (PARKS & REC): 4. September relative noted for 29, 1982, memorandum from Senator Vic Fischer to Prince William Sound recreation area was information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Representative Darryl Schaefermeyer noted that there had been no Assembly meeting since his last report. He went on to state that his last meeting as a borough representative would be October 12 when newly-elected Representative Raymond A. Gillespie is to be sworn in. Cripps thanked Schaefermeyer for his past reports. City Clerk informed Council that Gillespie would begin making the Assembly report at the Council's first meeting in November. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: (With prior notice only) 150 (C OF C): A. Dale Lindsey, Chairman of the Board for the Seward Chamber of Commerce, appeared from the audience and presented the Chamber's request for matching funds from the City for the purpose of expanding the Chamber's functions to include the promotion of commerce and industry within the City. He stated that the Chamber had hired David Cich to fill the newly-formed position of executive director to oversee the operation of the Chamber. Lindsey explained that he was asking for approximately $55,000 from the City this year less the $8,000 already budgeted as the City's contribution to their annual advertising campaign. In response to a question from Gillespie, City Manager stated that he was in favor of "beefing up" the Chamber of Commerce, adding that with a paid staff, the Chamber could relieve the City staff of many duties that should rest with the private sector, such as entertaining visiting dignitaries and in-state promotion. Gillespie, Meehan and Burgess agreed that the concept of the City funding an expansion of the Chamber of Commerce was a good one, but expressed concern as to the source of this funding. City Manager stated that he was in favor of setting up a grant agreement with the Chamber, appropriating money to them as they verified that matching funds had been raised and that a need for the money existed. He went on to state that he would check out a source for the funding. 1 ') L_ . 1 PAGE 43 REGULAR MEETING - OCTOBER ii, 1982 VOLUME 20 VIII. CITIZENS' DISCUSSION: (Cont' d) 150 (C OF C) Cont'd: O'Brien went on record as opposed to the proposal, stating that the City should be in the business of providing basic services, not funding volunteer organizations. Cripps also objected on the grounds that the City would be voting later in the meeting on the formation of a trade commission, adding that the Chamber's expanded program appeared to be a duplication of services. Lindsey assured Council that the Chamber would be supportive of the Commission and stated that the two could work together. Gillespie added that the Commission would be composed of a purely volunteer staff with a much narrower scope than the Chamber. 1 Cripps opened the floor to discussion. Shirley Reynolds, Ray Hugli and Willard Dunham, all appearing from the audience, spoke in favor of the proposed funding. Following further discussion, it was moved by Gillespie, seconded by Meehan and carried as follows to fund the Chamber's concept along the lines they have proposed leaving the distribution of funds to the negotiating efforts of the City Manager: AYES: NOES: BURGESS, CRIPPS, GILLESPIE, MEEHAN AND WILSON O'BRIEN 890 (AVTEC): B. Jody Woodruff, Rita Selden, Christy Moeller and Ruth McHenry, representing a Citizens' group opposed to the Alaska Vocational Technical Center's (AVTEC) proposed expansion into the First Lake Park area, presented Council with the results of the public opinion poll which was conducted during the City's regular election of October 5. Selden reported that 78% of those casting ballots were in favor of exploring other areas for AVTEC' s expansion. She asked that Council conduct a work session with the AVTEC administration and concerned citizens to consider alternate sites. 1890 **XII. CITY MANAGER REPORTS: (AVTEC): A. 0' Brien suggested that this agenda item, relative to AVTEC's lease agreement, be taken out of order. City Manager stated that City Attorney had completed the draft of the proposed lease agreement and that said draft would be presented to AVTEC October 12. If the AVTEC staff approved the draft, the proposed lease agreement would come back to Council for public hearing and approval. Following further discussion, O'Brien requested that a work session be scheduled to further consider alternate sites. Cripps, with Council consent, directed the Clerk to schedule the session for 6:30 p.m., Monday, October 25, 1982. RECESS: The meeting was recessed at 8:36 p.m.; reconvened at 8:45 p.m. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 350 & 840: 1. Copies having been made available to the public, Cripps read by title only a proposed ordinance deleting the preferential berthing privileges of Seward residents in the Small Boat Harbor, entitled: I AN ORDINANCE OF THE CITY OF ALASKA, AMENDING SECTION THE SEWARD CITY CODE. SEWARD, 5-57 OF City Attorney explained that this ordinance had been drafted in response to a demand from the State Attorney General's office that Seward eliminate preferential berthing privileges from the City Code or face legal proceedings aimed at forcing the City to comply; he recommended introduction and, later, enactment of the ordinance. It was moved by Gillespie, seconded by 0' Brien and unanimously carried by all those present to introduce proposed Ordinance No. 513. **TAKEN OUT OF ORDER. 44 PAGE 44 REGULAR MEETING - OCTOBER 11, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) B. Ordinances for Public Hearing and Enactment: 350 & 900: 1. Copies having been made available to the public, Cripps read by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, CREATING AN INTERNATIONAL TRADE AND INDUSTRY DEVELOPMENT AD- VISORY BOARD. Notice of public hearing as published in the local newspaper and posted was noted and the public hearing was opened. In response to questions from Willard Dunham, City Manager explained that a "sunset clause" had been inserted in the ordinance allowing annual review by the Council and termination of the board if it could not justify its existence. Dunham then inquired about the selection and appointment process, and Cripps explained that he had 5 people in mind to fill the 5 seats, adding that Council would have to approve his selections. John Lohse, appearing from the audience, suggested that the Chamber be provided a seat on the board to avoid duplication of efforts by the two groups. Cripps stated that 2 of his nominees were members of the Chamber Board; Gillespie added that the executive director of the Chamber would also work closely with the Advisory Board. No one else appeared from the audience in order to be heard, and the public hearing was closed. Following further discussion by Council, it was moved by O'Brien, seconded by Burgess and unanimously carried by all those present to enact Ordinance No. 512. C. Resolutions: 280 & 350: 1. Copies having been made available to the public, Cripps read by title only a proposed resolution entitled: A RESOLUTION OF THE CITY OF SEWARD, ALASKA, REQUESTING MUNICIPAL ASSIS- TANCE FUNDING FROM THE STATE OF AK. City Manager noted that this resolution was order to receive municipal assistance funding. seconded by Meehan and unanimously carried approve Resolution No. 82-73. required by State law in It was moved by Burgess, by all those present to 350 & 540: 2. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: A RESOLUTION AMENDING THE RATES FOR SEWER SERVICE. October 6, 1982, memorandum from Assistant City Manager was noted. City Manager explained that this resolution was being presented at the request of Council, adding that the effect would be to change the sewer connection fee to the sewer connection inspection fee, lowering the fee itself from $250 to $100. He added that the City would be refunding a total of $600 to those residents who had paid the higher fee. Following discussion, it was moved by Gillespie, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 82-74 and to refund to interim payees overpayments totalling $600. 350 & 460: 3. Copies having been made available to the public, Cripps noted by title only the following two resolutions: A RESOLUTION OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS FROM THE GENERAL FUND SURPLUS ACCOUNT TO THE GATEWAY SUBDIVISION SPECIAL PROJECT ACCOUNT; and A RESOLUTION OF THE CITY OF SEWARD, ALASKA, AWARDING A CONTRACT FOR RIGHT OF WAY CLEARING IN GATEWAY SUBDIVISION, TO METCO, INC. " =- PAGE 45 REGULAR MEETING - OCTOBER 11, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) I C. Resolutions: (Cont'd) 350 & 460: (cont'd) October 6, 1982, memorandum from Administrative Assistant Kerry Martin was noted. City Manager recommended approval of the two resolutions and requested a motion approving a change order to the Century/Quadra contract in the amount of $11,500 for preparation of the bid documents for the right of way clearing. In response to a question from Gillespie, City Manager stated that these funds would be recovered either through the sale of the land or a bond sale. Burgess questioned spending $11,500 for preparation of bid documents for a contract totalling $33,000. City Manager replied that he had contacted Howard Holtan of C/Q who had agreed to recheck the figures; he predicted that the final bill would be less than the $11,500 estimated. Following further discussion, it was moved by Gillespie, seconded by Wilson and carried as follows to approve Resolution No. 82-75 and Resolution No. 82-76 and in addition to approve a change order to the Century/Quadra contract for Phase II engineering in the amount of $11,500: AYES: NOES: ABSTAIN: Cripps, Gillespie, Meehan, O'Brien and Wilson None Burgess** **Burgess abstained due to the fact that he will be working for Metco, Inc. on the Gateway right of way clearing. X. UNFINISHED BUSINESS: 415: A. September 27, 1982, memorandum from Administrative Assistant Martin relative to the City of Seward land inventory was noted. Martin gave a brief description of the contents of the inventory and explained the color-coded map on display in Council Chambers. IS50: XI. NEW BUSINESS: A. Meehan nominated O'Brien to represent the Council on the Seward General Hospital Board. Cripps noted that Swartz had expressed an interest on serving on the Board. It was moved by Gillespie, seconded by Wilson and unanimously carried by all those present to close the nominations, and O'Brien was named as Council's representative. XII. CITY MANAGER REPORTS: A. Taken out of order. (See Page 43.) RE 025: B. City Manager noted that VECO had been notified Ci ty has completed the necessary infra-structure for VECO construction. He added that VECO has 6 months in which construction and that they must spend at least $1,000,000 in in order to avoid a default situation. that the to begin to begin two years XIII. COUNCIL DISCUSSION: I A. Gillespie stated that the City must move ahead with construction of a railroad extension to the Marine Industrial Center immediately if the City hopes to pursue a trade relationship with Fairbanks and other interior cities. Burgess expressed agreement. City Manager noted the importance of closely monitoring the status of the proposed transfer of the railroad to the State. He added that as soon as money was available, the administration would start the permitting process for the railroad extension. B. In response to a question from O'Brien, City Manager stated that the administration had not yet looked into the possibility of having the new State prison facility located in Seward. O'Brien also inquired about the status of diagonal parking on Fourth Avenue and was told that the Public Works department had ordered the paint and would be starting on that project as soon as the paint arrived. 46 PAGE 46 REGULAR MEETING - OCTOBER 11, 1982 VOLUME 20 XIII. COUNCIL DISCUSSION: (Cont'd) placement from the report on C. Meehan asked the of a street light at the Far North Communications this at the next meeting. administration to look into the corner of Resurrection Blvd. across building. City Manager agreed to D. Burgess complimented the City Manager on the fine job he has done in getting the Seward story out, noting the apparent success of the meetings with the delegation from Fairbanks the previous weekend. XIV. CITIZENS' DISCUSSION: A. Willard Dunham appeared from the audience and thanked the City for allowing the Chamber to participate in the weekend festivities with the Fairbanks delegation. He also reported that the Seward Litter Prevention program was in the finals for the State-wide award this year. XV. ADJOURNMENT: The meeting was adjourned at 9:40 p.m.; and, after a short recess, Council reconvened in executive session to discuss a matter involving possible litigation. c -;::";;.~p~ Mayor ------------------------------------------------------------------------ PAGE 46 REGULAR MEETING - OCTOBER 25, 1982 VOLUME 20 1. CALL TO ORDER: The October 25, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember 0' Brien led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan, O'Brien, Swartz, and Wilson Present also: City Manager Garzini, Assistant City Manager Schaefermeyer, City Attorney Arvidson and Deputy City Clerk Reynolds SPECIAL ITEM: Incumbent Councilmember Swartz was sworn in by the Deputy City Clerk. IV. APPROVAL OF MINUTES: It was moved by Burgess, seconded by Meehan and unanimously carried by all those present to approve the October 8, 1982 minutes as written. I I 350 & 840 I 350 & 870 PAGE 4'1 REGULAR MEETING - OCTOBER 25, 1982 VOLUME 20 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: It was moved by Swartz, seconded by Wilson and unanimously carried by all those present to approve the regular meeting agenda. VI. BOROUGH ASSEMBLY REPORT: Newly elected Assemblymember Ray Gillespie told the Clerk's Office that he will be attending future Council meetings and reporting on the Borough meetings. Former KPB member Schaeferrneyer noted that he attended his last meeting on October 12 and the major concern that he had was with the census taken in Seward by the Borough. The census report showed that Seward was decreasing in population. This report could have a drastic effect on future revenue sharing and other monies received based on census figures. City Manager Garzini stated that the increase in electrical users and the low vacancy rate in the community, should have shown an increase in population instead of a decline. Schaefermeyer said Assemblymember Gillespie would be bringing up for discussion the accountablity of the census at the next Borough Assembly meeting. VII. PUBLIC HEARING: NONE VIII. CITIZEN'S DISCUSSION: (with prior notice only) A. Paul Foutz of Price Waterhouse, appeared from the audience and reviewed the annual audit report, copies of which had been supplied to Council. He reported the City of Seward had built up an outstanding financial base and the accounts were all under good control. Foutz suggested to the Council that a long-term capital budget should be adopted and integrated into the annual operating budget. City Manager Garzini stated that he was in agreement with Foutz. Garzini suggested, that with the increased number of projects, the capital projects should be budgeted separately and have a life span of approximately three years. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: 1. Copies having been made available to the public, Cripps read by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 5-57 OF THE SEWARD CITY CODE Notice of public hearing as published in the local newspaper and posted was noted and the public hearing was opened. No one appeared from the audience and the public hearing was closed. Following further discussion by Council, it was moved by O'Brien, seconded by Burgess and unanimously carried by all present to enact Ordinance No. 513. C. Resolutions: 1. Copies having been made available to the public, Cripps read by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO METCO, INC. FOR LABOR AND MATERIALS TO COMPLETE GRADING AND SURFACING OF ONE SOFTBALL FIELD WITHOUT FULL UTILIZATION OF THE BID PROCEDURE SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE. 48 PAGE 48 REGULAR MEETING - OCTOBER 25, 1982 VOLUME 20 IX ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions (Cont'd) 350/ 870 October 15, 1982, memoradum from Special proj ects Engineer Pflum was noted. City Manager explained that this purchase order would enable Metco, Inc. to continue their work on the softball field and have it ready for the 1983 season. Following further discussion it was moved by Gillespie, seconded by Wilson and unanimously carried by all those present to approve Resolution No. 82-77. 2. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: A RESOLUTION AWARDING A CONTRACT FOR PROFESSIONAL SERVICES TO PERFORM THE DESIGN AND ENGINEERING OF THE DAIRY HILL WATER AND SEWER PROJECT 350/500 October 21, 1982, memorandum from Assistant City Manager was noted. City Manager Garzini explained that they had received fourteen proposals, from interested firms. These proposals were evaluated by himself, ACM Schaefermeyer and City Engineer Tom Small individually and they unanimously selected the firm of Wright-Forssen Associates. Mayor Cripps, questioned as to the reason the Council did not receive the proposals as had been done in the past. Garzini stated that he had wanted to try this new system but if Council wished him to return to the former way of selecting the firm he would be willing to do as Council directed. Following further discussion by the Council it was decided that from now on all proposals would be available in the Clerk's Office so that the Councilmembers, if they elected to do so, could go over the proposals, before any action would be taken. O'Brien ask to abstain from the vote on the resolution due to the fact that he owned property in the Dairy Hill area. Attorney Arvidson after discussion with Council gave his opinion, that O'Brien would not be in conflict by voting on the resolution. Arvidsen also stated that if any of the Councilmembers were unsure about a conflict when voting he would be pleased to discuss it with them before the issue came up for a vote. It was then moved by Swartz, seconded by Meehan and carried unanimously by all those present to approve Resolution No. 82-78. Recess: The meeting was recessed at 8:30 p. m.; reconvened at 8:40 p.m. X. UNFINISHED BUSINESS: 460 Gateway A. October 15, 1982, Minute Order from the Seward Planning and Zoning Advisory Commission was noted. City Manager Garzini explained that the Covenants and Restrictions for Gateway Subdivision had been returned to the Council as they were written. After discussion by the Council the following items in the Covenants and Restrictions were changed: Section 5.05 Temporary Structures--delete six months, change to 90 days; 4.06 Signs delete-and replaced with Zoning Code; 3.02 add, with the except of Home Occupation. Mayor Cripps with Council consent requested Attorney Arvidson make these changes and have a proposed resolution ready for the next Council meeting in order to adopt the Covenants and Restrictions (Single Family Development) for the Gateway Subdivision. XI. NEW BUSINESS: A. Appointment of Vice-Mayor: O'Brien nominated Gillespie as Vice-Mayor. Following discussion it was moved by Meehan, seconded by Swartz and carried unanimously by all present to close the nominations, and Gillespie was named Vice-Mayor. ! 1"\ PAGE 49 REGULAR MEETING - OCTOBER 25, 1982 VOLUME 20 XI. NEW BUSINESS: (Cont'd) 910 B. Appointment of International Trade and Industry Development Advisory Board. After discussion Mayor Cripps recommended that the terms of the board be staggered as such: 2 serve five years; 2 serve three years and 1 serve a one year term, the board would determine among themselves, who would serve which terms. Cripps then nominated the following citizens to serve on the board: Albert Kawabe, Jack Werner, Brent Whitmore, Dale Lindsey, Bob Richardson, Willard Dunham and Margaret Branson. The citizen's names were placed on ballots and the Council voted. The results of the first ballot recommended; Kawabe, Werner, Lindsey and Richardson, with a tie between Dunham and Whitmore. On the second ballot Dunham won the recommendation. It was then moved by Meehan, seconded by Swartz and unanimously carried by all present to appoint Kawabe, Werner, Lindsey, Richardson and Dunham to the Advisory Board. I 840 C. October 19, 1982, memorandum from Special Projects Engineer Pflum was noted. City Manager Garzini explained that the additional work was necessary to make the Lift Station installed under the contract compatible with the discharge system on the Cape Jellison. Following further discussion by Council, it was moved by Gillespie, seconded by Burgess and unanimously carried by all present to approve a change order to the U.S. Coast Guard Lift Station. D. October 15, 1982, memorandum from Brian Forbes and memorandum from Assistant City Manager Schaefermeyer were noted. City Manager Garzini recommended approval of the contract quantity Special Projects adjustments in the form of a Change Order for additional dredging and 4th of July the emergency repairs to the north diversion levee. Assistant City Creek Manager further stated that it is the intention of the City to recover the cost of the emergency repairs from the design engineer. The I increased quantity adjustments are figures that both Chris Berg, Inc. and the City agreed upon. After further discussion by Council, it was moved by Gillespie, seconded by Burgess and carried unanimously to approve the change order to the Chris Berg, Inc. contract for Phase III in the amount of $799,938.40. XII. CITY MANAGER REPORTS: A. City Manager Garzini reported on his trip to Seattle with Mayor Cripps regarding the land held by Mr. Snellman in the Gateway Subdivision. He stated that they were successful in negotiating a land swap with him. Snellman also agreed to an easement on his property for construction of a road which would provide an alternate access road. I B. October, 1982, as requested by Garzini an analysis of Voltage Drop and Energy Losses was prepared for the City of Seward by Dwane Legg Associates. It was determined that the existing transmission line could became a serious problem in the future. Garzini recommended that Council set this as their highest priority within the next year or two. He further stated that right now we are paying for power we are not receiving because of our inability to transport power to Seward. The Administration reported this to the Alaska Power Authority and they saw fit to include in their coming year budget $14,000,000.00 (fourteen million) for a transmission line to serve between Seward and Cooper Landing. Garzini stated that the question of payback was not raised, although we should use our lobbyist to try and get the lowest interest rate possible and seek grant monies for a portion of the payback. Garzini further stated that this transmission when completed would meet our needs for years and years to come. C. Garzini reported that he had received a newspaper, which included a very nice article, with pictures on the visit by the Fairbanks delegation. D. Garzini noted that a letter had been sent to the Director of Adult Corrections, Mr. Hatrak, stating that Seward would be interested in the State taking a look at us as a potential prison site. "";.) )\. PAGE 50 REGULAR MEETING - OCTOBER 25, 1982 VOLUME 20 XII. CITY MANAGER REPORTS: (Cont'd) E. City Manager stated that the adminstration is recommending to Council a new seating arrangement in the Council Chambers, included would be; a designated area in which anyone wanting to address Council, after being recognized, would then come forward and be seated; the City Clerk would sit beside the Mayor and the recording equipment placed behind Council. If Council concurs with the changes, the administration would also like to recommend a better communication system. XIII. COUNCIL DISCUSSION: A. After Council discussion it was moved by Burgess, seconded by Meehan and passed unanimously, to reschedule the regular meeting date from November 8, 1982, to November 15, 1982 due to the conflicting dates of the Alaska Municipal League Conference, which Council and the Adminstrative Staff will be attending. B. Wilson commented on the timber harvest and wondered why the City hadn't requested part of the harvest, which might have enabled the sawmill to reopen. Following discussion, Wilson informed Council that the deadline for acquiring any of the harvest had already passed. XIV. CITIZENS' DISCUSSION: Louis Dupree representing the Seward Yacht Club, appeared from the audience and requested that the waiting list for preferred berthing at the Small Boat Harbor be posted. Garzini stated the harbor has been working on this waiting list and it is now posted or will be in the near future. XV. ADJOURNMENT: The meeting was adjourned at 9:25 p.m. o~~. Donald W. Cripps Mayor ; \City Seal) PAGE 50 REGULAR MEETING - NOVEMBER 15, 1982 VOLUME 20 I. CALL TO ORDER: The November 15, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Gillespie led the pledge of allegiance to the flag. I I I '. , PAGE 51 REGULAR MEETING - NOVEMBER 15, 1982 VOLUME 20 III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan, Swartz and Wilson (Absent, with Council consent, was Councilmember 0' Brien) Present also: City Manager Garzini, City Attorney Arvidson, Kenai Peninsula Planning Director Best and City Clerk Murphy IV. APPROVAL OF MINUTES: carried meeting It was moved by Meehan, seconded by Swartz and unanimously by all those present to approve the October 25, 1982 regular minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager noted that the seating arrangement in Council Chambers had been altered, placing the Clerk directly next to the Mayor on the podium. This was done, he explained, in an effort to improve the written record of official meetings and as an aid to the Mayor in conducting the meetings. In addition, members of the audience wishing to address Council would now be asked to seat themselves at the centrally located table, identify themselves for the record, and present their messages from this location. This too will enhance the quality of the record and will assure that the citizen speaking has the undivided attention of the Council. City Manager added that the administration would be requesting proposals for the purchase and installation of a new amplification/recording system for chambers. City Manager asked that Item IX C 2 (a proposed resolution amending Resolution No. 82-71) and Item ~ (a contract for the placement of rip-rap at the Marathon Water Hydro project) be deleted from the regular meeting agenda. He also asked for the addition of an Item A under City Manager Reports entitled "new marketing brochure". He noted that a memorandum covering this agenda item could be found in the back of the packets distributed to Council. It was moved by Gillespie, seconded by Wilson 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: 210 (FIN.SERV.): November 3, 1982, Finance Department's list of accounts payable totalling $16,264,070.15 was approved for payment and filed; 1. 2. October 14, 1982, letter from Alaska Power Authority relating to the Grant Lake Hydro-Electric project was noted for information and filed; 180 (ST.LIC.): 3. November 4, 1982, letter from the State Alcoholic Beverage Control Board (ABCB) noticing of application for renewal of liquor license as filed by B.P.O. Elks Lodge #1773 was filed without objection; 180 (ST.LIC.): 4. October 20, 1982, letter from the State ABCB noticing of application for transfer of license from Yukon Liquor Store to Werner Investments was filed without objection; 180 (ST.LIC.): 5. November 9, 1982, letter from the State ABCB noticing of application for renewal of liquor license as filed by the Mini Mall was filed without objection; 6. November 4, 1982, memorandum from Administrative Assistant Martin relative to statewide port development and marine commerce plan was noted for information and filed; and 300 (LEGAL): 7. October 5, 1982, invoice from HTGP&B $10,317.66, for legal services rendered in 1982, was approved for payment and filed. totalling September, r") 1"). , '-' PAGE 52 REGULAR MEETING - NOVEMBER 15, 1982 VOLUME 20 VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Raymond A. Gillespie gave a verbal report of the KPB Assembly meeting of October 26, 1982. VII. PUBLIC HEARINGS: 460 (OTS): A. Notice of public hearing on the proposed acquisition of the North one-half of Lot 32, Block 25, Original Townsite of Seward (Tax Parcel No. 148-070-1800) through tax foreclosure, as published in the local newspaper, was noted. Cripps voiced his decision to abstain from discussion and voting on the issue, explaining that he owns property adjacent to the subject parcel. City Manager noted that the lot in question was too small to be of value to anyone other than an adjacent property owner and recommended that the Council instruct the administration to write to the owners of the lots on either side of the subject property, giving each of them an opportunity to acquire the lot. If both parties express an interest in obtaining the lot, a decision could be made by the toss of a coin. Public hearing was opened by Cripps; no one appeared from the audience in order to be heard and the public hearing was closed. Cripps, with Council consent, instructed the administration to proceed with the City Manager's recommendation. 460 (OTS): B. Notice of public hearing on the appeal of the decision of the Seward Advisory Planning and Zoning Commission to grant a conditional use permit to North Pacific Rim Housing Authority (NPRHA) for the construction of 24-units of multi-residential housing on Lots 28-40, Block 12, OTS, as filed by Donald and Pamela Oldow, such notice having been published in the local newspaper and posted as required by law, was noted. Gillespie asked permission to step down from the podium and join the audience in order that he might participate in the public hearing as a representative of NPRHA. He noted his direct financial interest in the project and added that he would abstain from all Council debate and any vote taken on this agenda item. There being no objection from Council, Gillespie left the podium and took a seat in the audience for the remainder of the public hearing. Burgess declared his conflict, explaining that he too had a direct financial interest in the project as surveyor for the project. He added that he would refrain from any discussion and/or vote relative to the proj ect. Swartz explained that while she was employed by North Pacific Rim Social Services, she was in no way connected the the Housing Authority. She added that she had previously discussed this matter with the City Attorney and had been advised that, since these two divisions of the native corporation were two distinct entities and since she had no direct or indirect financial interest in the proj ect, there was no legal requirement that she abstain from voting on the issue. She asked if Council would, therefore, object if she voted on matters relative to the project. Wilson and Meehan both expressed their concerns about the "appearance of impropriety" but stated that the decision would have to be made by Swartz. In response to a request for clarification from Swartz, City Attorney explained that while she was in no danger of violating the City Code or the City Charter, the question of the appearance of conflict was another area of case law that should be considered. He added that ultimately the decision would have to be made by Swartz. Swartz stated that since she felt there was no conflict, she would exercise her right to vote on the issue at hand. The public hearing was opened. Pamela Oldow, appellant, 315 Second Avenue, appeared from the audience in opposition to the proposed housing project. She stated that she would also like to discuss the legality of the application -n PAGE 53 REGULAR MEETING - NOVEMBER 15, 1982 VOLUME 20 VII. PUBLIC HEARINGS: (Cont'd) 460 (cont):for rezoning of L28, B12, OTS, explaining that a majority of the residents and owners of property surrounding the subj ect property had not signed a petition requesting the rezone as required by law. City Attorney noted that the rezoning of L 28 would be considered by the Borough Assembly at their meeting of December 7. He added that the appeal before Council addressed only the granting of a conditional use permit; therefore, Council was permitted to act only on this issue. Oldow stated that, before granting a conditional use permit, the I Planning and Zoning Advisory Board (P&Z) was required to find that certain conditions as set forth in the Seward Urban District Zoning Code had been met by the applicant. She further contended that P&Z and the applicant had failed to address the following conditions which are implied in section A of the application for conditional use permit (the purposes of the ordinance as found in Sec. 21.78.020 of the KPB Code of Ordinances): 1. Regulating and limiting population in the area; 2. Conserving and stabilizing property values; 3. Preventing undue concentration of population; and 4. Lessening congestion on streets and highways. Oldow added that, since there was no waiting list for apartments at either Bayview Manor or Bayside Apartments, she failed to see a great need for additional sudsidized housing in Seward. City Attorney explained to Council their role in sitting as a Board of Adjustment and hearing the appeal of the decision of the Planning and Zoning Commission to grant a conditional use permit to NPRHA for this project. He noted that Council had 3 options: I 1. Reverse P&Z's decision; 2. Affirm P&Z's decision; or 3. Send the permit back to P&Z for further discussion. He added that the function of the Council was to see that no one was deprived of his right to be heard and that Council must use their collective knowledge of the community to make a decision of what is in the public interest. He went on to state that a court considering the action of Council would look to see if a reasonable decision based on the evidence presented had been made. John Gillespie, 606 Fifth Avenue, appeared from the audience as a representative of NPRHA. He stated that he had attended the public hearing held by P&Z prior to granting the conditional use permit and that all conditions as outlined in the application had been addressed and met. He went on to state that NPRHA had met or exceeded all requirements, adding that they were not asking for any exceptions. He offered as proof the fact that NPRHA was asking for only 60% of the density allowed on the subject property and that more parking than that actually required was being provided for the units. He further noted that the requested rezoning was for 1 lot only--the remaining 12 lots are presently zoned Limited Commercial (CL) District. I Shirley Reynolds, 233 Third Avenue, appeared from the audience and spoke in favor of the proposed project. She noted that Seward has the highest unemployment record in the State and a high concentration of elderly people-~both groups are candidates for subsidized rents. She stated that Seward has a real need for this type of housing. Carol Hatch-Benoit, 219 Third Avenue, stated that she was in favor of the project. She added that the town is growing and needs additional housing and that part of the downtown area should remain residential. Elsie Whitmore, 306 First Avenue, stated that she opposed a project of this size, adding that she would have no objection to a project with half the number of units. She expressed her concern that 54 PAGE 54 REGULAR MEETING - NOVEMBER IS, 1982 VOLUME 20 VII. PUBLIC HEARINGS: (Cont' d) 460 (cont): an adequate play area had not been provided for the children. She also stated that driving conditions in the area were hazardous this time of year. She closed by stating that NPRHA may have met the minimum standards, but minimums were not enough for this area. Raymond A. Gillespie, 207 Resurrection Blvd., spoke in favor of the project. He stated that many people in Seward are forced to live in inadequate housing and that, if the community is to grow, adequate housing must be provided. Frank Clay, 200 First Avenue, speaking in opposition to the project, stated that while there is a need for housing, the proposed location is wrong. He cited hazardous road conditions in winter and dust in sUIllIller. Bruce Trygstad, 319 Second Avenue, opposed to the project, cited both the density of population and hazardous, icy road conditions as his objections. He added that neighborhood children use the alleys for sliding in winter, compounding the traffic/road problems. Patty Deglee, Washington and Second Avenue, also opposed to the project, stated that the area was already over-crowded and that this project would make the situation even worse. Nicholas Ambrosia, project architect for NPRHA, speaking in favor of the project, stated that NPRHA had met or exceeded all local code requirements--they had provided 36 parking stalls for 24 units, the alley was to be up-graded and possibly paved, the play area had been increased, a play area was also provided in the laundry area for toddlers, and his firm would be making at least 20 trips to Seward for inspection purposes throughout the construction of the units. He also stated that NPRHA was providing a 10' utility easement to relocate the power poles at NPRHA's expense. He further stated that 1000 sf was most adequate for a 3-bedroom unit, adding that NPRHA had decided to go with 3-bedroom units because of the perceived need for that size apartment. Dave Cich, 605 First Avenue, in favor of the proposed project, stated that a need for the housing exists and a more suitable location could not be found. RECESS: The meeting was recessed at 9:10 p.m.; reconvened at 9:21 p.m. Del Branson, 215 Second Avenue, and Gem Bryant, 209 Second Avenue, both spoke in opposition to the project, citing the danger presented to buildings and residents from falling rocks. Bryant went on to state that she was not opposed to the housing project but was concerned for the safety of future residents. Henry Abrahamson, Elm Street, Forest Acres, spoke in favor of the project. He stated the project would create jobs in Seward and would fill the need for rent-subsidized housing created by the high number of seasonal workers in Seward. Pat Riley, Resurrection Road, also spoke in support of the proposed housing project, citing the need for more housing in the area. John Gillespie summarized the position of NPRHA that a needs exists in Seward for quality housing and that NPRHA has been operating in good faith, meeting all conditions required of them. He noted that icy, hazardous road conditions could be found allover town and that everyone has to contend with children playing in their yards. He further stated that anyone whose house is mortgaged with State money lives in "subsidized" housing. Pamela Oldow summarized her position that the wishes of the residents of the surrounding area should be considered. PAGE 55 REGULAR MEETING - NOVEMBER 15, 1982 VOLUME 20 VII. PUBLIC HEARINGS: (Cont'd) 460 (cont) : No one else appeared from the audience in order to be heard and the public hearing was closed. Meehan, Wilson, and Cripps expressed their concerns that there were many questions left unanswered by P&Z. Swartz suggested a work session to draft the questions uppermost in everyone's minds. Meehan felt that P&Z should clearly state the requirements and facts they considered before deciding that all the conditions had been met. Following further Council discussion, it was moved by Meehan, seconded by Wilson and carried as follows to return the application to P&Z for clarification of the requirements of the conditional use permit: I AYES: NOES: ABSTAIN: ABSENT: Cripps, Meehan, Swartz and Wilson None Burgess and Gillespie O'Brien ** Gillespie returned to the podium and participated in the remainder of the meeting. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: B. Ordinances for Public Hearing and Enactment: C. Resolutions: 940 & 350: 1. Copies having been made availab le to the pub lic, Cripps noted by title only a proposed resolution entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ON PRO- POSED STATE SELECTION OF FOREST LANDS FROM THE CHUGACH NATIONAL FOREST. Cripps noted that the City Council of Cordova would be approving a similar resolution favoring multiple use management of selected forest lands to provide a continuing flow of forest products as well as protection of the recreational opportunities and wildlife habitat of these areas. It was moved by Gillespie, seconded by Swartz and carried as follows to approve Resolution No. 82-79: AYES: NOES: ABSTAIN: Burgess, Cripps, Gillespie, Meehan and Swartz None Wilson. 2. Deleted. 460 & 350: 3. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROV- ING COVENANTS AND RESTRICTIONS FOR THE GATEWAY SUBDIVISION (SINGLE FAMILY DEVELOPMENT). I City Manager noted that all changes as requested by Council had been made to the Covenants. It was moved by Meehan, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 82-80, Gateway Subdivision Covenants and Restrictions. CON-041 & 350: 4. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING A CONTRACT FOR SEWARD GENERAL HOSPI- TAL HEATING SYSTEM MODIFICATIONS TO L.O.H. ELECTRIC, INC. PAGE 56 REGULAR MEETING - NOVEMBER 15, 1982 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) CON-041 & 350: (cont): November 10, 1982, memorandum from Special Projects Engineer Tim Pflum reconnnending the award to L.O.H. Electric was noted. City Manager explained that the administration would be coming back to Council at the next meeting with a change order which would raise the contract amount from $9,300 to approximately $12,000, the engineer's estimate for the project. He added that the change order was due to a design error which had appeared in the bid documents. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 82-81. X. UNFINISHED BUSINESS: A. Administrative Assistant Kerry Martin asked each Councilmember to pick 5 favorites from the numerous logo designs submitted by local artists. After narrowing the field to 6 designs, Council instructed the administration to publish copies of the 6 in the local newspaper so that residents of the city could vote on a design to replace the City's current logo. XI. NEW BUSINESS: 100 (ADM): A. October 22, 1982, memorandum from the City Clerk relative to the lease of a new copier was noted. City Clerk explained that the present copier does not meet the current needs of the City. Based on quality of copy and service, the Clerk reconnnended that the Council approve the lease of a Xerox 8200 for use in the City administrative offices. There being no objection from Council, Cripps instructed the administration to proceed with the lease of the 8200. B. Deleted. XII. CITY MANAGER REPORTS: 970 (PORT DEV.): A. November 11, 1982, memorandum from Administrative Assistant Martin relative to the creation and purchase of new marketing brochures for the Marine Industrial Park was noted. City Manager stated that the City is ready to start selling the structure and the development of a new brochure would provide a needed tool for use by the City, the Trade Advisory Board, the Council and the Chamber of Connnerce. Since the City cannot specify the level of creativity it is seeking in a request for proposals, and since there are only 2 firms in the state involved in this type of production, he reconnnended that the Council agree to a contract with Mystrom Advertising, Inc. (one of these two firms). Following discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to take the reconnnendation of the City Manager and expend an amount not to exceed $30,000 for the purpose of developing a marketing brochure and further to go with his reconnnended advertising firm. )h- City-}!anager noted that VECO had asked for an opportunity to address Council at its regular meeting of December 13. C. City Manager noted that, with the appointment of John Gage to the position of Fire Chief/Assistant Harbormaster, building inspection had been removed from the Fire Department and placed in the Engineering Department. He added that Special Proj ects Engineer Tim Pflum, a registered Civil Engineer, had received training in building inspection in Anchorage and would be assuming these responsibilities. D. City Manager introduced newly-appointed City Engineer Dennis Dooley to the Council. XIII. COUNCIL DISCUSSION: A. Wilson reported on his recent trip to Fairbanks to attend the 32nd annual meeting of the Alaska Municipal League (AML). PAGE 57 REGULAR MEETING - NOVEMBER 15, 1982 VOLUME 20 XIII. COUNCIL DISCUSSION: (Cont'd) B. Cripps noted that there had been a record 35 attendees at the Mayor's conference and added that the AML conference had been well-attended. He also noted that the City of Palmer had just completed a rate study and was willing to share its findings with the City. I Cripps noted that with the snow had come illegally-operated snowmobiles on the City streets and alleys. He asked that the Police Department begin enforcing state and city regulations which prohibit the operation of snowmobiles on City streets. XIV. ADJOURNMENT: The meeting was adjourned at 10:30 p.m. ~d~ Donald W. Cripps Mayor (City Seal). . .. J : ~ .~ "."~ ' " . -~ . ..t'f ... ." .I~ ':::'./>': ", ,?'- c';;',~,"f Of p..\...~. ' --~~~~~~~~----------------------------------------------------------- PAGE 57 REGULAR MEETING - NOVEMBER 22, 1982 VOLUME 20 1. CALL TO ORDER: I The November 22, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Gillespie led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan, Swartz and Wilson (Absent, with Council consent, was Councilmember O'Brien) Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Hughes and City IV. APPROVAL OF MINUTES: It was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve the November 15, 1982, regular meeting minutes as written. I SPECIAL PRESENTATION: Cripps presented a badge to retiring Fire Chief Oscar Watsjold commemorating his 41 years of service with the Seward Fire Department as its Chief. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request of the City Manager, it was moved by Gillespie, seconded by Wilson and unanimously carried by all those present to hold an executive meeting immediately following the regular meeting to discuss financial matters. 38 PAGE 58 REGULAR MEETING - NOVEMBER 22, 1982 VOLUME 20 v. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd) carried consent It was moved by Wilson, seconded by Gillespie and unanimously by all those present to approve the regular meeting agenda and calendar as presented, and the following actions were taken: 180 (ST.LIC.): 1. November 12, 1982, letter from the State Alcoholic Beverage Control Board noticing of application for renewal of liquor license as filed by Seward Trading Co. Liquor Store was filed without objection; and 805 (AIRPORT): 2. November 4, 1982, Order Deferring Processing of Application of Alaska Aeronautical Industries Inc. for a Certificate of Public Convenience and Necessity was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Raymond A. Gillespie gave a verbal report of the Assembly meeting of November 16, 1982. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: (With prior notice only) Patricia Williams, representing the Resurrection Bay Historical Society, presented her annual report to the Council on the status of the City museum located in the basement of City Hall. She indicated that the museum had received approximately 3800 visitors in the past year. In closing, she invited the Council, administration and audience to visit the museum for a tour and coffee break following the meeting. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: None X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: 1no (ADM): A. November 18, 1982, memorandum from City Manager 730 (FIRE recommending Council approval of appointments of Fire Chief and City DEPT): Engineer, pursuant to Section 2.30.020 of the Seward City Code, was noted. It was moved by Swartz, seconded by Meehan and unanimously carried by all those present to confirm John Gage as Fire Chief and Dennis M. Dooley as City Engineer/Utilities Manager. CON-040: B. November 17, 1982, memorandum from Special Projects Engineer Tim Pflum relative to a proposed change order to the L.O.H. Electric contract for heating system modifications for Seward General Hospital was noted. City Manager reminded Council that he had advised them of the need for the change order (due to design errors in the contract drawings) prior to their approval of the contract. It was moved by Meehan, seconded by Burgess and unanimously carried by all those present to approve Change Order No. 1 to L.O.H. Electric, Inc. for an amount not to exceed $5,000. r- II PAGE 59 REGULAR MEETING - NOVEMBER 22, 1982 VOLUME 20 XI. NEW BUSINESS: (Cont'd) CON-036: C. November 18, 1982, memorandum from City Engineer relative to a request from Elling Halvorson, Inc. for a time extension on the contract for construction of the industrial water main for the grain terminal was noted. Following discussion, it was moved by Burgess, seconded by Gillespie and unanimously carried by all those present to approve the time extension to the contract for Halvorson. 1100 (ADM-EQUIP): D. November 17, 1982, memorandum from Finance Director Joe Gale relative to the acquisition of budgeted computer equipment was noted. Gale stated that the Council had approved the lease of data processing equipment from IBM in 1980. At that time, January-February, 1983 was considered to be the optimum time to purchase the equipment for the City, and $59,365 had been included in the FY 83 budget for that purpose. Due to a recent reduction in the retail price of the equipment the City now has on lease option, the optimum purchase date has been advanced to December, 1982. Purchase at this time would result in a substantial savings to the City, allowing the purchase of both the equipment and 2 programs (Public Budgeting & Accounting and Hospital Payroll) for a total cost of $58,816. It was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to take the recommendation of the Finance Director and proceed with the purchase of IBM equipment and programs for an amount not to exceed $58,816. I SPEC.PROJ. E. November 19, 1982, memorandum from Administrative (SHIPLIFT) Assistant Kerry Martin relative to storage of the shiplift components was noted. City Manager recommended that Council accept VECO's proposal to store the syncrolift components in a warehouse located on property leased by VEca near the site where the shiplift is to be installed. He added that by accepting VECO's offer, the City would be showing good faith and support for VECO in the development of their industrial center lease. In response to a question from Gillespie about the need for acting on this matter immediately, Assistant City Manager stated that the syncrolift is presently enroute to Seward and should arrive in mid-December; thus, action must be taken prior to the next regularly scheduled meeting (December 13). City Manager added that VECO has indicated its intention to comply with the terms of the lease agreement. Installation of a temporary warehouse, which will be moved from one of VECO's properties within the State, would be a relatively inexpensive way of showing the company's commitment to the project. Swartz asked if there was any possibility of loss of the shiplift if VEca experiences further financial problems. City Attorney explained that while the syncrolift could be tied up until such time as the City could prove ownership, there is no real danger of loss of the product itself. She added that accommodations could be made in the agreement with VECO to cover any expenses incurred by the City as a result of any future financial problems VECa might experience. Following further discussion, it was moved by Burgess, seconded by Wilson and unanimously carried by all those present to go along with the VEca lease subj ect to the conditions just discussed for protection of the syncrolift. caN-042: F. November 15, 1982, memorandum from Special Projects Engineer Pflum relative to the award of a contract for production of armor stone was noted. City Manager explained that the City's stockpile of large rip-rap had been exhausted during the September flood. At that time, Century Engineers had recommended that the City replace the armor stone which had been used. He added that the cost of this replacement was included in the arbitration demands against Century. City Manager further explained that 6 bids had been received, and that Burrell-Heppner Construction Co., Inc. was the apparent low bidder with a bid of $167,760. There being no irregularities in the bid, he recommended that Council award the contract to Burrell-Heppner. It was moved by Wilson, seconded by Meehan and unanimously carried by all those present to award the armor stone contract to the low bidder. I XII. CITY MANAGER REPORTS: A. City Manager introduced City Lobbyist Kent Dawson to Council and the audience. 6() PAGE 60 REGULAR MEETING - NOVEMBER 22, 1982 VOLUME 20 XII. CITY MANAGER REPORTS: (Cont'd) 408 (CAP.IMP.): B. November 17, 1982, memorandum from City Engineer outlining a proposed time table for capital improvements program development was noted. City Manager stated that the proposed schedule would allow community input, review by the Planning and Zoning Advisory Commission to avoid problems with siting and concomitant land use requirements, and approval by the City Council of a long-range capital improvements program which could then be sent to the legislature for consideration when they begin capital funding. He added that such a document, developed by the community, can expect to be received by the legislature in a more favorable light than one which has received little or no public input. Cripps noted that this was a step in the right direction. Council voiced no objection to the administration continuing with the schedule as outlined. C. City Manager noted that the second meeting in December was scheduled for December 27, two days after Christmas. He asked that Council consider whether they wished to meet at that time. D. City Manager presented a proposal to the Council for the development of a summer picnicking/winter ice skating area in the Small Boat Harbor to be located north of the public restrooms, directly across the street from the Breeze Inn Restaurant. He explained that the newly formed Seward Women's Club and a group of local ice skating enthusiasts were both interested in heading up the fund-raising drive to raise the approximately $20,000 needed to complete the project. He added that the suggested site would result in the elimination of 18 parking spaces used primarily in the summer for short-term parking. On the positive side, it would mean increased use of the Harbor area by residents in winter and summer. In response to a question from Wilson, City Manager noted that the area could easily be lit at night. The Council voiced no objection to the administration proceeding with the proposed project. XIII. COUNCIL DISCUSSION: A. Burgess stated that he had received several complaints from citizens concerning the recent mailer indicating that the City would continue to strictly enforce the snowmachine ordinance banning the operation of snowmachines within the City. He asked if accommodations could be made for the snowmachiners so that they could have some place in town where they could ride. He noted that he was in favor of doing away with the operation of three-wheelers in the City, but felt that snowmachines should be treated differently. Cripps replied that if the City is to avoid liability, it must strictly enforce the laws for all recreational vehicles equally. He added that he had also received negative comments from some members of the community, but it was the duty of the Council to uphold the laws as they stand. Burgess concurred with Cripps. XIV. CITIZENS' DISCUSSION: A. Louis Dupree appeared from the audience and stated that he was a member of the local ice skating association interested in co-sponsoring an ice skating pavilion in Seward. He added that he had circulated a survey within the grade school and the high school to be completed by parents; the results showed 166 individuals interested in participating in some sort of ice skating program. He also indicated that members of his association would be willing to donate their time to the proj ecL XV. ADJOURNMENT: ;," The meeting was adjourned at 8:20 p.m.; and, after a short nvened in executive session to discuss the status of ,ceedings against Century Engineers. c;2~~aYo< :.~' PAGE 61 1. fen REGULAR MEETING - DECEMBER 13, 1982 VOLUME 20 CALL TO ORDER: The December 13, 1982, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Swartz led the pledge of allegiance to the flag. III. ROLL CALL: I IV. Present were: Mayor Cripps and Gillespie, Meehan, (Councilmember Wilson Councilmembers Burgess, O'Brien and Swartz arrived at 8:02 p.m.) Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City APPROVAL OF MINUTES: carried meeting It was moved by Meehan, seconded by Burgess and unanimously by all those present to approve the November 22, 1982, regular minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request of the City Manager, it was moved by Swartz, seconded by Gillespie and unanimously carried by all those present to meet in executive session immediately following the regular meeting in order to discuss the Century/Quadra arbitration and the Chris Berg claim against the City. The City Manager requested that the following item be added to the regular meeting agenda: I x. UNFINISHED BUSINESS: C. Oldow appeal relative to the conditional use permit as granted to NPRHA by the Seward Advisory Planning and Zoning Commission. It was moved by Burgess, seconded by Meehan 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. 300 (City Attorney) 2. 210 (Fin. dept) 350(Res.) 3. 600(Personnel) 350(res.) 4. I 840(Harbor) 5. 180(St.lic) 180(St Lie) November 26, 1982, invoice from Hughes, Powell and Brundin for legal services month of October, 1982, totalling approved for payment and filed. Thorsness, Gantz, rendered for the $14,177.17, was December 6, 1982, Finance Department's list of accounts payable totalling $670,255.26, was approved for payment and filed. Resolution No. 82-82, approving a deferred compensation plan for City employees through the International City Management Association was approved and filed. Resolution No. 82-83, charging off uncollectible Harbor accounts totalling $5,961.63, was approved and filed. November 30, 1982, memorandum from Administrative Assistant Martin relative to discontinuing the City's permit for a Customs Bonded warehouse was noted for information and filed. 6. November 26, 1982, letter from the State ABCB noticing of the application of the American Legion Club Post #5 for renewal of a liquor license was filed without objection. 7. Application of Seward Senior Citizens for a permit for authorized games of chance and skill was filed without objection. G'l ~", ~ .... PAGE 62 REGULAR MEETING - DECEMBER 13, 1982 VOLUME 20 V. APPROVAL OF CONSENT CALENDAR & REGULAR MEETING AGENDA: (Cont'd) 805 (airport) 8. Additional Information and Request for Waiver as filed by Alaska Aeronautical Industries, Inc., in the matter of their application for a certificate of public convenience and necessity for interstate air transportation was noted for information and filed. 500(Public Wks) 9. Purchase of a pick-up from Peninsula Ford approved. truck for the Public Works Dept. in the amount of $10,100 was VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Raymond A. Gillespie gave a verbal report of the Assembly meeting of December 7, 1982. VII. PUBLIC HEARINGS: A. Notice of Public Hearing as published in the local 460(OTS lot 32newspaper and posted as required by law was noted and the public hearing Blk. 25) on the disposal of the North 1/2 of Lot 32, Block 25, Original Townsite of Seward was opened. No one appeared from the audience in order to be heard and the public hearing was closed. It was noted at a prior meeting that the lot was too small to be of use to anyone other than an adjacent property owner and that letters giving notice of the proposed disposal of the lot had been sent to the two parties owning bordering parcels of land--Donald W. Cripps and E. G. Skinner. The Clerk had received and distributed to Council a letter from Skinner indicating that he had no interest in the subject parcel. There being no objection from Council, the administration stated that a resolution approving the transfer of the lot to Cripps would be introduced for adoption at the January 10, 1983, meeting. B. Notice of Public Hearing as published in the local newspaper and posted as required by law was noted and the public hearing 900(Ind. dev. )on the proposed sole-source lease of Tract 2, Waterfront Tracts, to Albert Kawabe for the purpose of constructing a fish processing equipment repair facility was opened. In response to a question from Bob Valdatta, Administrative Assistant Martin explained that the parcel in question now housed the Seward Teen Center. No one else appeared from the audience in order to be heard and the public hearing was closed. City Manager noted that Council had instructed the administration to request appraisals on three tracts of land in the Waterfront area in response to an inquiry from a local businessman relative to the lease and development of Tract 2. He added that he felt it would be in the public interest to lease the subject property to Kawabe without soliciting proposals. In response to a question from Meehan, City Manager explained that there would be an additional public hearing on January 10 when the resolution approving the lease was introduced. He further noted that the Teen Center would not have to vacate the property until another suitable location was found to house it. 280(Fed Rev. Sharing) C. Notice of public hearing as published in the local newspaper and posted was noted and the public hearing on the allocation of some $150,000 in federal revenue sharing funds was opened; no one appeared from the audience in order to be heard and the public hearing was closed. Assistant City Manager noted his December 9, memorandum outlining the proposed allocations, including $90,000 to set up a new City department to be called the Economic Development and Community Promotion Department. From this initial allocation approximately $30,000 would be used to defray the cost of the production of a new marketing brochure currently being developed by Mystrom, Inc. Additionally, $37,801 was to be allocated to the Parks and Recreation Department for the development and implementation of winter recreation programs. Also included was $10,000 to cover the cost of a new sound/recording system for Council Chambers. The balance of the funds were to be allocated to various City departments to cover unforeseen increased health insurance costs and shortfalls in supply accounts. There was no objection from Council to the proposed budget allocations. r PAGE 63 REGULAR MEETING - DECEMBER 13, 1982 VOLUME 20 VII 1. CITIZENS' DISCUSSION: (With Prior Notice Only) I A. James Slack and Ted Kruth, representing VECO, Inc., reviewed VECO's present status relative to its lease of property in the Marine Industrial Center and outlined its proj ected future growth and involvement. Slack noted that construction of the warehouse facility to house the shiplift components would begin on December 14 with completion set for Sunday, December 19. In response to questions from O'Brien and Swartz, Kruth noted that VECO was comfortable with its ability to meet all commitments including the $2 million it was required to invest in the MIC prior to September 1984. In response to a question from Meehan, Kruth stated that VECO was not negotiating the sale of its lease to any other company. Slack and Kruth accepted several questions from the audience before bringing their presentation to a close. **COUNCILMEMBER WILSON ARRIVED AT 8:02 P.M. 1;08 (CIP) B. Monty Richardson, representing the Seward Boat Owners Association, read a prepared statement in opposition to the proposed location of a multi-purpose facility in the Small Boat Harbor parking lot. He stated that he was in favor of the project, but the location would deprive the Small Boat Harbor of too many needed parking spaces. City Manager noted that an alternate site behind the Harbormaster's Building was being considered, but would probably not be large enough. He further noted that Adm. Asst. Martin was currently investigating the problem of derelict vessels, trailers and boat cradles in the Small Boat Harbor which were taking up an estimated 300 parking spaces. Cripps assured Richardson that no final decision as to the location of the facility had been made. RECESS: The meeting was recessed at 8:31 p.m.; reconvened at 8:40 p.m. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: I None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: Cripps 82-71, 1. Copies having been made available to the public, noted by title only a proposed resolution amending Resolution No. entitled: 350(Leg.) A RESOLUTION AMENDING CITY OF SEWARD RESOLUTION NO. 82-71, IDENTIFYING THE CAPITAL PRO- JECTS AND THE AMOUNT ALLOCATED TO EACH PROJECT IN ACCORDANCE WITH HCS CSSB 168 (FINANCE) 1981 SESSION. I Assistant City Manager noted that the State Department of Administration required any changes in the amounts allocated to each project be made by resolution. Several of the projects for which money had been allocated had been completed, and the purpose of this resolution was to make line item revisions to close out these particular projects. The only two items still incomplete were identified as the 7th Avenue Greenbelt and the outdoor sports complex. It was moved by Gillespie, seconded by Swartz and unanimously carried to approve Resolution No. 82-84. X. UNFINISHED BUSINESS: A. Administrative Assistant Kerry Martin noted that approximately 200 votes had been cast to determine the winning entry in the City's logo contest. The two top vote-getters were virtually tied with approximately 1/3 of the vote each. He was now asking Council to 64 PAGE 64 REGULAR MEETING - DECEMBER 13, 1982 VOLUME 20 x. UNFINISHED BUSINESS: (Cont'd) choose between the two. He noted that one of similar to the logo of the Municipality of discussion, the Council chose by a show of hands by Heather Spade. the entries was quite Anchorage. Following the entry as submitted 408 CIP B. December 9, 1982, memorandum from City Manager and attached proposed capital improvements program (CIP) outline were noted. City Manager added that a public hearing had been held before the Advisory Planning and Zoning Commission and the Commission had approved the CIP as presented to Council. In response to a concern voiced by Wilson, City Manager explained that the CIP could be amended at any time by a vote of Council, adding that this was merely a tool to identify those proj ects needing attention--a priority list would be drawn up later. O'Brien and Cripps stated that the five-year plan was an excellent one and long overdue. Following further discussion, it was moved by 0' Brien, seconded by Swartz and unanimously carried to adopt the submitted proposal as the City's Capital Improvements Program for 1983-1988. 460(NPRHA OTS) C. December 13, 1982, memorandum from City Clerk relative to the appeal of the decision of the Seward Advisory Planning and Zoning Commission to grant a conditional use permit to the North Pacific Rim Housing Authority for the construction of a 24-unit housing complex on Lots 28-40, Block 12, Original Townsite of Seward with the following attachments was noted: 1. December 9, 1982, memorandum from the Advisory Planning Commission setting forth clarification of the Commission's decision-making process in granting a CUP to NPRHA (as requested by Council); 2. Copy of that portion of the October 13, 1982, Commission meeting minutes showing original action taken by the Commission relative to the granting of the CUP; 3. Unapproved minute order of the December 8, 1982, regular meeting of the Planning Commission relative to the clarification process; 4. Minute order of the November 15, 1982, regular meeting of the City Council relative to the appeal; 5. Copy of the application for CUP as filed by NPRHA; and 6. Copy of the appeal as filed by Don and Pam Oldow. Cripps noted that, while the public hearing had been closed at the November 15, meeting, comments would be accepted from the audience in an effort not to stifle discussion on this controversial matter. In response to a question from Burgess, City Attorney stated that there was no avenue which Council could take which would preclude one side or another from bringing court action against the City. He added that the City had thus far acted correctly in conducting a public hearing on the appeal, requesting clarification from P&Z to clear up confusion with what the Commission had considered at its hearing and, finally, discussing any issues not clarified by P&Z before rendering a decision on the appeal. City Attorney explained to Wilson that Item A on the application did in fact refer to Section 21. 78.020 of the KPB Code, thus inferring that Items A-H of that section must be satisfied before a CUP could be granted. O'Brien, who had not been present for the public hearing on the appeal, questioned Swartz's right to vote on the issue given her employment by North Pacific Rim. He added that Swartz had declared a conflict when other issues concerning the NPRHA had come before Council. Swartz noted that she had discussed this issue with the City Attorney ..." ~ 1""- '~-i ~', PAGE 65 REGULAR MEETING - DECEMBER 13, 1982 VOLUME 20 X. UNFINISHED BUSINESS: (Cont'd) ,(;60(NPRHA OTS) who had assured her that there was no legal conflict. While two Councilmembers had expressed their concern that there was an appearance of impropriety, the decision had been left to her. After much thought she had decided to vote on the issue. Meehan and Burgess concurred that the decision had been made by Swartz and should stand. I O'Brien then constituted a conflict voting. stated that of interest; his rental properties in town therefore, he would abstain from City Attorney explained that the City Code requires four affirmative votes to approve any action of Council. However, the Courts apply what is know as the "Doctrine of Necessity" to cases such as the one before Council when several members of the body must abstain but when action is necessary. Therefore, the affirmative vote of a majority of those voting would be sufficient to carry the motion. Following discussion, it was moved by Cripps, seconded by Swartz and carried as follows to deny the appeal of Mr. and Mrs. Oldow on the matter in question: AYES: NOES: ABSTAIN: Cripps, Meehan and Swartz Wilson Burgess, Gillespie and O'Brien. XL NEW BUSINESS: None XII. CITY MANAGER REPORTS: I Marine taking have to A. City Manager displayed an artist's rendition of the Industrial Center when completed and noted that he would be this with him to Valdez and elsewhere to show what Seward will offer with the completion of this project. B. City Attorney noted that the Alaska Supreme Court had rendered a decision in the case of Seward Chapel vs. the City of Seward on November 26, 1982, and in every instance had upheld the City, even so far as upholding the award of attorney's fees to the City. He then briefly outlined the background of the case beginning with its origin in 1974. He urged Council to accept the proposal as submitted by Seward Chapel's attorney to close the school as soon as another site had been found for it, and in no event later than the close of the school year (June 1983). Council voiced no objection. C. City Manager noted that Council had received a copy of the application for a permit as submitted to the Army Corps of Engineers and filed by Alaska Navigation, Inc. for minor improvements near the Alaska Railroad dock. He added that the administration would be responding to a request for comments from the Corps of Engineers. XIII. COUNCIL DISCUSSION: 120 (CC) I A. December 13, 1982, memorandum from the City Clerk requesting that Council consider cancelling the December 27 meeting was noted. City Manager stated that any matter requiring immediate action by Council could be considered at a Special Meeting. It was moved by Burgess, seconded by Meehan and unanimously carried to cancel the December 27 meeting. B. O'Brien noted that he had attended the last meeting of the Seward General Hospital Board at which time the hospital's recent audit had been reviewed. Some irregularities had been found, but these were attributed to the transition from manual accounting to computer. The Board is still discussing wage increases for the hospital employees to bring them in line with State averages. New Board members were elected, with Jan Trettner being elected president.