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HomeMy WebLinkAbout1983 City Council Minutes 66 PAGE 66 REGULAR MEETING - DECEMBER 13, 1982 VOLUME 20 XIII. COUNCIL DISCUSSION: (Cont'd) C. Wilson commended the role the police had played in directing traffic at the school during the Thanksgiving weekend "Turkey Tourney". D. Meehan requested that the City Attorney investigate the feasibility of dedicating Lot 28, Block 12, Original Townsite of Seward to be used as a children's playground. E. O'Brien asked why the Christmas tree on the mountain had not been lit this year. City Manager explained that the City had been unable to find anyone to volunteer to go up the mountain to replace broken and worn lights. Council instructed the Clerk to schedule discussion of repair of the lights on the tree for the first meeting in July so that the work could be performed in good weather. XIV. CITIZENS' DISCUSSION: A. Dave Cich, representing the Chamber of Commerce, presented Council with a list of capital projects which the Chamber views as having high priority. Along with several items on the City's CIP program were such proj ects as reopening the lumber mill and the development of international trade. Cich also read a letter from Carol Jaffa stating that the City should invest in a better winter storm drain system. B. opposition to opposition to Chuck Soriano appeared from the audience and spoke in the proposed location of the multi-purpose facility and in Council's decision to deny Oldow's appeal. C. Bob Valdatta appeared from the audience and spoke in opposition to leasing waterfront property to Kawabe for industrial purposes, stating that this type of activity should be confined to the Marine Industrial Center. XV. ADJOURNMENT: The meeting was adjourned at 9:52 p.m. and, after a short recess, reconvened in executive session to discuss the Century /Quadra arbitration and the Chris Berg claim against the City. 9~ti, Mayor PAGE 66 REGULAR MEETING - JANUARY 10, 1983 VOLUME 20 1. CALL TO ORDER: The January 10, 1983 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. I I. OPENING CEREMONY: Councilmember Gillespie led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan, and Wilson (Absent, with Council consent, were Councilmembers O'Brien and Swartz) PAGE 67 { ~ i REGULAR MEETING - JANUARY 10, 1983 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: I carried meeting It was moved by Meehan, seconded by Burgess and unanimously by all those present to approve the December 13, 1982 regular minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Meehan requested an amendment to "Item 6" of the Consent Calendar (proposed Resolution No. 83-1) deleting the $5,000 credit limit on the American Express Credit Card and adding the City Clerk as one of the signatories. There being no objection to the amendment, it was moved by Wilson, seconded by Meehan and unanimously carried by all those present to approve the regular meeting agenda as presented and the consent calendar as amended, and the following actions were taken: 870: 300: 920: I 180: 180: 270 & 350: I 500 & 350: 230: 1. December 15, 1982, letter from Alaska Recreation and Parks Association requesting support of outdoor recreational and historic projects was noted for information and filed; 2. December 27, 1982, invoice from Hughes, Powell and Brundin for legal services month of November, 1982, totalling approved for payment and filed; Thorsness, Gantz, rendered for the $19,975.70, was 3. December 17, 1982, memorandum from the City Attorney regarding coal development status relative to Wheelabrator-Frye, Inc. was noted for information and filed; 4. The following applications for authorized games of chance and skill were filed without objection: a. Marathon Homemakers b. Seward High School c. Seward Rebekah Lodge #6A d. Seward Elks Lodge #1773 e. Seward Women's Bowling Association f. Wes-Gen Hospital Auxiliary; 5. The following applications for renewal of liquor licenses were filed without objection: a. Pioneer Bar & Liquor Store b. Tony's Bar c. Yukon Liquor Store d. Thorn's Showcase Lounge e. Harbor Dinner Club f. Breeze Inn Motel g. Dreamland Bowl; 6. Resolution No. 83-1, apply and sign for approved and filed; authorizing the a credit card, City Manager to as amended, was 7. Resolution No. 83-2, making an appropriation from the general fund surplus to the Public Works Department for the purchase of a road grader was approved and filed; and 8. December 22, 1982, memorandum from Finance Director Gale relative to the 1983-84 budget schedule was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: 140: Cripps noted the resignation of KPB Assembly Representative Raymond A. Gillespie due to his acceptance of a position with the 6R 140 (contd): 460: 460: (RE Lease File iF 029 ): PAGE 68 REGULAR MEETING - JANUARY 10, 1983 VOLUME 20 VI. BOROUGH ASSEMBLY REPORT: (Cont'd) Governor's office in Juneau. Borough Assembly Reports are due to resume upon the appointment of a representative to take Gillespie's place on the Assembly. VII. PUBLIC HEARINGS: A. Notice of Public Hearing as published in the local newspaper and posted as required by law was noted and the public hearing on the proposed sale of the North Y, of Lot 32, Block 25, Original Townsite of Seward to Donald W. Cripps was opened. No one appeared from the audience in order to be heard and the public hearing was closed. City Manager noted that a resolution with attached deed would be presented to Council for approval at the January 24, 1983 meeting, such resolution to take effect 30 days after approval. B. Notice of Public Hearing as published in the local newspaper and posted as required by law was noted and the public hearing on the proposed lease of Tract 2, Waterfront Tracts, to Albert Kawabe for the purpose of constructing a fish processing equipment repair facility was noted and the public hearing was opened. Bob Valdatta of Seward appeared from the audience and spoke in opposition to the lease and, in particular, to the provision giving the lessee 3-5 years to complete construction of a facility on the property. No one else appeared from the audience in order to be heard and the public hearing was closed. City Manager, responding to Valdatta's objections, stated that the timetable for construction was tighter than that found in previous leases and represented a reasonable balance which would allow the lessee adequate time to secure the necessary financing to construct a facility on the property. He went on to say that the proposed lease would provide a good model for future waterfront property leases. It was noted that a resolution with the attached lease would be presented to Council for consideration at the January 24, 1983 meeting. The lease would take effect 30 days after approval of the resolution. VIII. CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: 280 & 350: 1. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: A RESOLUTION AMENDING THE 1982-83 FISCAL YEAR BUDGET BY APPROPRIATING FUNDS FROM THE FEDERAL REVENUE SHA- RING TRUST ACCOUNT. City Manager noted that the proposed appropriation of the $150,747 in federal revenue sharing funds had been presented to Council at the December 13, 1982 meeting and added that the figures contained in the proposed resolution deviated only slightly from those originally presented to Council. These changes included the addition of $2400 to the City Clerk's budget to cover the cost of an Employee Assistance Program and an increase in the Council's equipment budget from $10,000 to $15,000. It was moved by Gillespie, seconded by Wilson and unanimously carried by all those present to approve Resolution No. 83-3. C t'~ PAGE 69 REGULAR MEETING - JANUARY 10, 1983 VOLUME 20 X. UNFINISHED BUSINESS: 100: (CH A. January 3, 1983 memorandum from the Clerk's office EquipTelative to the results of a request for proposals for the purchase and installation of a new recording/amplification system for City Council chambers was noted. City Clerk explained that the RFP had been advertised in the local newspaper and mailed to six reputable firms in Seward and Anchorage. Only one firm, Audiocom of Anchorage, had responded to the RFP with a total bid of $12,204.39, this price to include a one year warranty and instruction for the Clerk's department on the operation and care of the equipment. In response to a question from Meehan, the Clerk noted that assistance in preparing the specifications in the bid documents had been obtained from engineers working for Audiocom. City Manager added that only one item (Council microphones) had been listed "No substitutions allowed"; all other items could be substituted as long as they were UL approved and were of like quality. Meehan objected to acquiring such an elaborate system for so small a room. City Clerk noted that Audiocom had designed and installed systems for the Municipality of Anchorage, the Mat-su Borough, and the cities of Kodiak and Valdez, and that they came highly recommended. Gillespie, Burgess and Cripps indicated their support for the new system, stating the need for a quality record-keeping system. Following further discussion, it was moved by Gillespie, seconded by Burgess and carried as follows to take the administration's recommendation and purchase a system from Audiocom totalling $12,204.39: I AYES: NOES: ABSENT: Burgess, Cripps, Gillespie and Wilson Meehan O'Brien and Swartz XI. NEW BUSINESS: I S p' A. January 6, 1983 memorandum from Administrative Assistant pec. rOJkartin relative to the cost of moving the shiplift components from the ARR dock to the VECO warehouse at Fourth of July Creek Marine Industrial Center was noted. City Manager explained that Northern Stevedoring had been asked to make the transfer of the components to the MIC without going to public bid for the following reasons: 1. 2. and cranes capable 3. perform the job. There was not sufficient time to advertise; NS&HC is the only company in Seward with forklift of handling the components; and NS&HC had access to experienced personnel needed to The equipment was transported to the warehouse at the MIC on January 3-4, 1983. Upon the recommendation of the City Manager, it was moved by Burgess, seconded by Meehan and unanimously carried by all those present to approve the bill from Northern Stevedoring for $7,492.50. XII. CITY MANAGER REPORTS: None XIII. COUNCIL DISCUSSION: I A. In response to a question from Burgess regarding the security provided for the stored shiplift components, City Manager explained that not only was the entrance gate to the facility locked, but the warehouse itself was padlocked and the police make periodic patrols of the area. He added that anyone interested in taking the shiplift would need a truck and a forklift capable of moving up to 25,000 Ibs., making this an unlikely occurrence. B. Meehan asked the administration to investigate the possibility of supplying electricity to the ferry when it docks in Seward. He noted that this has been a continuing problem and hoped that the administration could resolve it. iO PAGE 70 REGULAR MEETING - JANUARY 10, 1983 VOLUME 20 XIII. COUNCIL DISCUSSION: (Cont'd) C. Cripps noted that Seward had been approached by the Resource Development Council in regards to co-sponsoring the upcoming Coal Conference scheduled for February 16-17, 1983. He added that the cost to the City would probably be no more than $200. Meehan stated that since Seward was destined to be the Coal Capital of Alaska, it was appropriate that the City co-sponsor the Coal Conference. There being no objection from Council, the administration was instructed to respond favorably to RDC's request that the City co-sponsor the conference. Cripps also noted that Alaska Municipal League's Board of Directors would be meeting in Juneau on January 23-24, followed by a meeting of the Conference of Mayors on January 24-25. Due to his work schedule, he would be unable to attend either function and was therefore requesting that another member of Council represent the City in his stead. He encouraged any interested Councilmembers to contact the City Manager as soon as possible so that arrangements for the trip could be made. Cripps noted the special meeting and executive session scheduled for 6:00 p.m., Thursday, January 13. The purpose of the meeting is to discuss the Century/Quadra arbitration and the Chris Berg claim. Cripps then requested that the administration properly mark the downtown areas designated for handicapped parking. D. Gillespie asked that he be excused from the special meeting Thursday night and the regular meetings through the month of February; he will be out of state. XIV. CITIZENS' DISCUSSION: A. Bob Valdatta of Seward appeared from the audience and noted that Council had approved the supply of electricity to the Tustumena in 1976, but because of objections from ferry personnel the City had never followed through on the proposal. XV. ADJOURNMENT: The meeting was adjourned at 8:10 p.m. ~. . ~ ....(Si~Y Seal),. ::,~ i'l %~!".f '.' 't/-' {,' 'j '6.,.J> l' . 'i'-::'> "?~~ ------;;;~~~~-~;;~~;~-=-~~;;~;;-~;:-~;;;---------;~~;;-~~ Q~~~ Donald W. Cripp Mayor 1. CALL TO ORDER: The January 13, 1983, special meeting of the Seward City Council was called to order at 6:02 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 Meehan, Swartz Council consent, and O'Brien) and and were Councilmembers Burgess, Wilson (Absent, with Councilmembers Gillespie ~- I PAGE 71 SPECIAL MEETING - JANUARY 13, 1983 VOLUME 20 IlL ROLL CALL: (Cont'd) Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City SPECIAL ITEM: I January 13, 1983, memorandum from City Clerk relative to reschedul ing two upcoming regular meetings of the City Council was noted. City Manager stated that the Mayor, Councilmember Gillespie and the City Manager would be out of town on January 24; the administration would therefore request that this meeting be rescheduled to Monday, January 31. Cripps noted that the Clerk was requesting that the March 28 meeting be rescheduled for March 21; March 28 is Seward Day (a City holiday) and is the first day of the State Clerks conference. The Clerk noted that she intended to take the Deputy Clerk along with her to the conference if there was no objection from Council. The Council, by general consensus, agreed to the two meeting date changes as stated above. IV. EXECUTIVE SESSION: It was moved by Wilson, seconded by Burgess and unanimously carried by all those present to meet in executive session immediately following the close of regular business in order to discuss the Century/Quadra arbitration and the Chris Berg claim against the City. V. CITIZENS' DISCUSSION: VI. ADJOURNMENT: I The meeting was adj ourned at 6: 09 p. m.; Council immediately moved into executive session to discuss the Century/Quadra arbitration and the Chris Berg Claim against the City. " QAJ ~ Donald W. Cripps Mayor -, . ':\ '~ ;~ ,I '~~)'.~t '-y.~~------------------------------------------------------------------ ">~~71 REGULAR MEETING - JANUARY 31, 1983 VOLUME 20 (Ci ty?eal) 1. CALL TO ORDER: The January 31, 1983, regular meeting of the Seward City Council was called to order by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Swartz led the pledge of allegiance to the flag. III. ROLL CALL: I Present were: Mayor Cripps O'Brien, Swartz Council consent, and Gillespie and and were Councilmembers Meehan, Wilson (Absent, with Councilmembers Burgess Present also: City Manager Garzini, City Attorney Arvidson and City Clerk Murphy / IV. APPROVAL OF MINUTES: It was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve the January 10, 1983, regular meeting minutes and the January 13, 1983, special meeting minutes as written. 7-2 PAGE 72 REGULAR MEETING - JANUARY 31, 1983 VOLUME 20 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that the Consent Calendar be amended to show the City's obj ection to the granting of a renewal of a liquor license to the Flamingo Lounge pending payment of a long overdue electric bill in excess of $2,000. It was moved by O'Brien, seconded by Wilson and unanimously carried by all those present to approve the Consent Calendar with an amendment objecting to the Flamingo's liquor license, and the following actions were taken: 350 & 920: 1. Resolution No. 83-4, closing out the Coal Export fund, was approved and filed; 300: 2. December, 1982, invoice from Hughes, Thorsness, Gantz, Powell and Brundin for legal services totalling $15,704.96, was approved for payment and filed; 210: 3. January 6, 1983, list of Finance Department totalling for payment and filed; accounts payable from the $1,196,906.79, was approved 885: 4. January 24, 1983, position statement on the transfer and operation of the Alaska Railroad was approved and filed; 180: 5. Notices of renewal of liquor licenses as filed by the Van Gilder Hotel, Dorothy's Cocktail Lounge, Pizza Apollo and the Yukon Bar were filed without objection; 180 : Application for renewal of liquor license as filed by the Flamingo Lounge was filed with objection pending payment of outstanding electric bill; and 6. Applications for permits for authorized games of chance and skill as filed by American Legion Auxiliary, American Legion, Republican Party of Alaska-District 6 and Sacred Heart Parish were filed without objection. 180: It was moved by Wilson, seconded by Meehan and unanimously carried by all those present to approve the regular meeting agenda as presented. VI. BOROUGH ASSEMBLY REPORT: None VII. PUBLIC HEARINGS: None VII 1. CITIZENS' DISCUSSION: (With prior notice only) Taken out of order following approval of resolutions. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: 350 & 850: 1. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: A RESOLUTION APPROPRIATING SALES TAX RECEIPTS TO SEWARD GENERAL HOSPITAL. City Manager noted the January 27, 1983 memorandum from Assistant City Manager Schaefermeyer and attached letter from Hospital Administrator C. Keith Campbell requesting an appropriation totalling $50,000 to cover operational deficits and a pay increase for hospital employees. Following discussion, it was moved by O'Brien, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-5. -="1:,.... 1.1 PAGE 73 REGULAR MEETING - JANUARY 31, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) 350 & DEEDS & ESMTS: 2. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: I A RESOLUTION OF THE SEWARD CITY COUNCIL AUTHORIZING THE DISPOSAL BY NEGOTIATED SALE NY, OF LOT 32, BLOCK 25, ORIGINAL TOWNSITE OF SEWARD, TO DONALD W. AND JEAN E. CRIPPS. Cripps noted his vested interest in the resolution and turned the Chair over to O'Brien. City Manager briefly outlined the history of the proposed sale of the subject property--the lot's value is limited to the two adjoining property owners (Cripps and Gene Skinner); Skinner had declined interest in purchasing the property while Cripps was interested; and the Council had conducted two public hearings on the proposed disposal with no adverse comments--and recommended approval. Following discussion, it was moved by Wilson, seconded by Meehan and carried as follows to approve Resolution No. 83-6: AYES: NOES: ABSENT: ABSTAIN: O'Brien, Meehan, Swartz and Wilson None Burgess and Gillespie Cripps. This resolution is to take effect in 30 days. 350 & RE-029: 3. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: I A RESOLUTION OF THE SEWARD CITY COUNCIL PROVIDING FOR THE DISPOSAL OF TRACT 2 OF THE SEWARD WATERFRONT TRACTS AND AU- THORIZING THE CITY MANAGER TO NEGOTIATE THE LEASE THEREON. I City Manager briefly outline the history of the proposed lease with Albert Kawabe--Council had directed the administration to have the subject parcel appraised; Kawabe was interested in leasing the property to construct and operate a fish processing equipment repair and maintenance facility; that portion of Tract 2 containing the Teen Center building would not be included in the lease; and the City would be receiving fair market rental value for the parcel--and recommended approval of the resolution and attached lease agreement. In response to a question from Meehan, City Manager stated that the possibility of moving the proposed repair facility to the Marine Industrial Park had not been discussed with Kawabe. 0' Brien was informed that the City would have the option of terminating the lease if Kawabe failed to meet the time table laid out in the lease, but the City would be amenable to granting an extension as long as the lease payments were kept current and there were no other proposals for development of the parceL In response to Wilson's question concerning open storage of equipment along the shoreline, City Attorney stated that Article XII, Part 1, Page 13 of the lease as well as City ordinances controlling litter and junk would protect the City and help insure that the aesthetic value of the property be maintained. Following further discussion, it was moved by O'Brien, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 83-7, such resolution to take effect in 30 days. 350 & 950: 4. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE SEWARD CITY COUNCIL REQUESTING THAT THE ALASKA AGRICULTURAL ACTION COUNCIL AND THE GOVERNOR REVIEW THE SEWARD GRAIN ELEVATOR PROJECT AND DETERMINE THAT THE BENEFITS OF IN-STATE USE OF GRAIN JUSTIFIES THE COMPLETION OF THE GRAIN RECEIVING AND DISTRIBUTION FACILITY IN SEWARD. '-4 I ,1 , - PAGE 74 REGULAR MEETING - JANUARY 31, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) 350 & 950 (cont'd): Meehan introduced the proposed resolution and emphasized the importance of City support for the Kenai Peninsula Borough's stance that the grain terminal should be completed. He also noted that it was not economically feasible to stop the project at this stage of development. City Manager added his support for the proposed resolution noting the need to access grain on the peninsula. Following further discussion, it was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-8. VII 1. CITIZENS' DISCUSSION: (With prior notice only) TAKEN OUT OF ORDER: 160: A. Dan appeared from the following two items: Seavey, representing the audience and requested Iditarod Trail Council support Blazers, on the 1. That the City enter into a cooperative agreement with the US Department of Interior establishing the Iditarod National Historic Trail within the City; and 2. That the City government take appropriate measures to promote public awareness of Seward's unique relationship to the Iditarod National Historic Trail. Seavey noted that, if the City provided the Trail--possibly encompassed in the Greenbelt concept--the Trail Blazers would provide signs and markers. City Manager noted that he would pursue the cooperative agreement with the Dept. of Interior and added that Parks and Recreation Director Noble and Administrative Assistant Martin would work on incorporating the trail in the Greenbelt design. He also recommended that the Chamber of Commerce include the trail in its promotional campaign. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: 440: A. January 26, 1983, memorandum from City Clerk relative to the re-appointment of three Planning and Zoning commissioners whose terms are expiring in February was noted. It was moved by Meehan, seconded by Swartz and unanimously carried by all those present to re-appoint Dean Williams, John Blackwell and John Woodruff to three year terms on the Seward Advisory Planning and Zoning Commission. All three terms will expire in February, 1986. CON-044 & 045: B & C: City Manager noted the standard form professional services agreements between the City of Seward and Woodward-Clyde and Kellogg, Inc. for their services as consultants relative to the Century/Quadra arbitration; he recommended approval of both agreements. Following discussion, it was moved by Wilson, seconded by 0' Brien and unanimously carried by all those present to accept both the Woodward-Clyde and the Kellogg professional agreements for consulting services. XII. CITY MANAGER REPORTS: 470: A. Ci ty Manager noted the draft of a proposed new trailer ordinance and supporting materials as prepared by the City Attorney. He recommended that these materials be sent to the Advisory Planning and Zoning Commission for input. The ordinance would then be returned to Council for work sessions, introduction, public hearing and vote for enactment. Cripps, with Council consent, directed the administration to send the ordinance to Planning and Zoning for comment. PAGE 75 REGULAR MEETING - JANUARY 31, 1983 VOLUME 20 XII. CITY MANAGER REPORTS: (Cont'd) 460: B. City Manager noted January 26, 1983, letter from D. L. Snellman, relative to a proposed land exchange in the Gateway Subdivision. Mr. Snellman agreed in his letter to the proposed land exchange with the City, his willingness to be a co-petitioner in the City's effort to rezone Tracts A-E, Gateway Subdivision, and his acceptance of Right-of-Way scheme No.2. 550: C. City Manager asked Council's support of the administration in its efforts to begin enforcing the Code provision that owners and residents of property bordering City sidewalks keep those sidewalks clear of ice and snow. He noted that several complaints concerning the condition of the City sidewalks had been received by his office and added that the police would begin issuing warnings and citations for failure to comply with the ordinance. I XII 1. COUNCIL DISCUSSION: A. Swartz voiced her support for Resolution No. 83-8, relative to the completion of the grain terminal. B. O'Brien requested an up-date on the Gateway Subdivision. Administrative Assistant Martin noted that rights-of-way in the single family portion of the development had been cleared and all lots had been staked. He added that construction cost estimates would be available March 1. I C. Wilson voiced his support for keeping the sidewalks clear. He also noted the need for zoning maps for use by the Planning and Zoning Commission. He stated that, if funds for the maps could not be obtained from the Borough, the City should fund the development and printing of these maps, adding that the Commission could not adequately perform without these basic tools. City Manager indicated that he had discussed this with Borough Mayor Stan Thompson and expected Borough support for production of the maps. D. Cripps noted that Council had been provided a trip report on his recent trip to Juneau to attend the Municipal League's board of directors meeting and the Alaska Conference of Mayors. He also noted that he had given a report of these meetings at the last Chamber of Commerce meeting. He added that the trip had been long but profitable. XIV. CITIZENS' DISCUSSION: A. C. Keith Campbell appeared from the audience and thanked Council for approving the appropriation of $50,000 to the hospital. He then voiced his displeasure with Council's decision to enter into an agreement with Woodward-Clyde, stating that their work within the Borough had been less than adequate. He added that their performance would bear watching. B. Dave Cich, representing the Seward Chamber of Commerce, appeared from the audience and informed Council that the Chamber Board of Directors would be voting on a resolution similar to Council's relative to completion of the grain terminal. He added that he expected unanimous approval. XV. ADJOURNMENT: I The meeting was adjourned at 8:35 p.m. . \.:~ .,;:~ " . . .' ~ " '\.,\ , - . lr ',' \ ~:J.. ' .....>;.. <: OF p.....> -:'0n'!~ arrrrrr . PAGE 76 REGULAR MEETING - FEBRUARY 14, 1983 VOLUME 20 1. CALL TO ORDER: The February 14, 1983, 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 Meehan, 0' Brien, with Council Gillespie and Councilmembers Burgess, Swartz and Wilson (Absent, consent, was Councilmember Present also: City Manager Garzini and City Clerk Murphy IV. APPROVAL OF MINUTES: carried meeting I t was moved by Swartz, seconded by Burgess and unanimously by all those present to approve the January 31, 1983, regular minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager noted that all agenda items for this meeting were of a noncontroversial nature and had been placed on the consent calendar. He asked that Council pay particular attention to the Clerk's proposed Resolution No. 83-9 in opposition to SB 29 (changing the date of municipal elections) and the February 9 memorandum from Administrative Assistant Kerry Martin relative to the transfer of previously budgeted funds to the Economic Development and Community Promotion fund. Cripps noted The February 8, 1983, letter from Governor Sheffield requesting that Council nominate a representative from the City for appointment to the State Job Training Coordinating Council. He also requested that Council consider sending at least one Councilmember to Anchorage to participate in the February 25-26 Regional Port Commission Authority meetings. City Manager stated that he would be attending the February 25 meeting and Administrative Assistant Kerry Martin would attend the February 26 meeting; however, a Councilmember should attend the two-day meeting to provide continuity. Following discussion, it was moved by Swartz, seconded by Burgess and unanimously carried by all those present to approve the regular meeting agenda and the consent calendar as presented, and the following actions were taken: 320/350: 1. Resolution No. 83-9, in opposition to SB 29 (changing the date of municipal elections to May), was approved and filed; 2. Notice of renewal of liquor license as filed by the Palace Saloon and Hotel was filed without objection; 3. Applications for permits for authorized games of chance and skill as filed by Mt. Marathon Native Association and Resurrection Bay Lioness Club of Seward were filed without objection; and 4. February 9, 1983, memorandum from Administrative Assistant Kerry Martin relative to the budget for the International Trade and Industry Development Advisory Board was approved and filed. VI. BOROUGH ASSEMBLY REPORT: VII. PUBLIC HEARINGS: VII 1. CITIZENS' DISCUSSION: (With prior notice only) PAGE 77 REGULAR MEETING - FEBRUARY 14, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: B. Ordinances for Public Hearing and Enactment: C. Resolutions: X. UNFINISHED BUSINESS: I XL NEW BUSINESS: XI 1. CITY MANAGER REPORTS: A. City Manager noted his February 9 meeting with Commissioner Endell concerning the location of the State's first maximum security prison in Seward. At the meeting, he presented Endell with a package prepared by a consultant outlining the advantages to the State in locating the prison here. He added that, if Endell feels that Seward is a suitable site, public hearings will be scheduled to receive comments from the community on the proposal. City Manager reported that he would be travelling to Juneau soon to meet with members of the City's legislative delegation; the main focus of the trip will be the Fourth of July Marine Industrial Center and upgrading the powerline, but would also include distribution of the consultant's report on the prison site to the legislators. City Manager also noted the Technology Highlights featuring the Honam, been distributed to Council; this plant Usibelli coal. copies of an issue of Power Korea power plant which had has contracted to receive I City Manager urged that at least one member of Council make plans to attend the Southcentral Regional Port Commission meeting in Anchorage on February 25-26. In response to a question from Wilson, City Manager noted that with rail, road and air service to Seward, transportation to the proposed prison facility was an asset, not a weakness. Swartz added that the cost of transporting prisoners to Seward would be far cheaper than what the State is currently paying to transport them outside. XII 1. COUNCIL DISCUSSION: I O'BRIEN: O'Brien suggested that Council nominate Willard Dunham to serve on the Governor's job training advisory board. Dunham explained that a conflict might arise due to his position with the Department of Labor and suggested that the Council nominate Pat Reilly, Personnel Director for Seward Fisheries. Cripps stated that the letter from Governor Sheffield seemed to indicate that the nominee be an elected or appointed official of the City. Upon the recommendation of the City Manager, Council agreed to nominate City Clerk/Personnel Officer Murphy in the event that Reilly is not acceptable. O'Brien asked Willard Dunham to explain the Trade Advisory Board's action of February 7 obligating $3,000 of the City's money to the Seward/Obihiro tour. Dunham explained that the Board was merely making a suggestion; the Board must come to Council before expending any City funds. 0' Brien also inquired about the propriety of putting English, Japanese and Chinese on the same business card as was the case with the business cards provided for the Trade Board. Cripps explained that Chinese was the universal Oriental language. WILSON Wilson stated his pleasure in receiving the February 7, Trade Advisory Board meeting. he hoped to continue to receive them. the minutes of He added that -,. ,.." J() PAGE 78 REGULAR MEETING - FEBRUARY 14, 1983 VOLUME 20 XII 1. COUNCIL DISCUSSION: (Cont'd) MEEHAN Meehan complimented the direction and the variety meetings. Trade Advisory Board of subjects covered on in their their CRIPPS Cripps attend the Commission. stressed the importance of having a Councilmember February 25-26 meeting of the Regional Port XIV. CITIZENS' DISCUSSION: A. Beverly Dunham, appearing from the audience, explained the reason for the high cost of travel to take prisoners outside for incarceration. She noted that the total cost of housing outside was cheaper than the $33,000/year average to house a prisoner in the State. B. Willard Dunham, appearing from the audience, stated that he had met with Senator Murkowski concerning the problems Alaska Navigation was having getting a license to operate in the State. He added that Murkowski was reluctant to make a public statement until he had talked to all the parties involved. C. Dave Cich, representing the Seward Chamber of Commerce, noted that the Chamber had passed a resolution similar to the Council's relative to the completion of the Seward Grain Terminal. The major difference was the addition of a passage calling for public disclosure of all costs of mothballing as compared to completing the project. He also stated that the Chamber was willing to organize and sponsor any public hearings necessary relative to locating the maximum security prison facility in Seward. XV. ADJOURNMENT: The meeting was adjourned at 8:10 p.m. ~JV~ Donald W. Cripps Mayor ------------------------------------------------------------------------ PAGE 78 REGULAR MEETING - FEBRUARY 28, 1983 VOLUME 20 1. CALL TO ORDER: The February 28, 1983, 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, Swartz and Wilson (Absent with Council consent were Councilmembers Gillespie and Meehan. Also absent was Councilmember O'Brien) Present also: Acting City Manager Schaefermeyer, Attorney Arvidson and City Clerk Murphy City I I I 300: 210: CON-039: 200/350: .;l' PAGE 79 REGULAR MEETING - FEBRUARY 28, 1983 VOLUME 20 IV. APPROVAL OF MINUTES carried meeting It was moved by Swartz, seconded by Wilson and unanimously by all those present to approve the February 14, 1983 regular minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Acting City Manager requested the following additions to the regular meeting agenda: XII. CITY MANAGER REPORTS: A. Update on Port Marketing brochure B. Community swim program C. City Manager's attendance at Port Marketing Seminar D. Supreme Court decision relative to Engineering Sciences of Alaska v. City of Seward E. Status report on Century/Quadra arbitration Schaefermeyer also noted the February 28, memorandum relative to Item XI (C), Change Order No.1, Burrell/Hepner contract, which had been distributed to Council prior to the meeting. There being no further changes requested, 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: 1. January, Powell services 1983, invoice from Hughes, Thorsness, Gantz, and Brundin totalling $15,910.67, for legal performed, was approved for payment and filed. 2. Finance Department's list of accounts payable for January, 1983, totalling $ 710,448.41, was approved for payment and filed. 3. Addendum to the Century/Quadra Professional Services Agreement relative to Gateway Subdivision engineering was approved and filed. This addendum increased contract amount by $11,500, expanded scope of work to include approval of right-of-way clearing contract documents, and extended contract termination date to June 15, 1983. 4. Resolution No. 83-10, writing off delinquent utility accounts receivable, was approved and filed. VI. BOROUGH ASSEMBLY REPORT: Newly appointed Kenai Representative Jonathan Sewall gave meeting of February 15, 1983. Peninsula Borough Assembly a verbal report of the Assembly VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: (With Prior Notice Only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None gO PAGE 80 REGULAR MEETING - FEBRUARY 28, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: 350/885: 1. 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, AUTHO- RIZING A REQUEST TO ASSUME THE RES- PONSIBILITY FOR THE SEWARD MARINE INDUSTRIAL PARK RAIL CORRIDOR ASSESSMENT. Acting City Manager (ACM) also noted the February 23, 1983, memorandum from Administrative Assistant Kerry Martin indicating the availability of monies within the Alaska DOT/PF which could by utilized to begin planning and preliminary estimates for rail access to the Marine Industrial Center. It was moved by Burgess, seconded by Wilson and unanimously carried by all those present to approve Resolution No. 83-11. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: 600: A. February 23, 1983, memorandum from City Clerk Murphy relative to the appointment of a new Deputy Clerk was noted. City Clerk explained that the transfer of Marilyn Reynolds to the Engineering Department left an opening in the Clerk's Department. Murphy recommended that Council approve the appointment of Christy Audette, currently employed within the Police Department, as Deputy City Clerk. It was moved by Wilson, seconded by Swartz and unanimously carried by all those present to approve the appointment of Christy Audette to the Deputy City Clerk's position effective March 3, 1983. 270: B. February 18, 1983, memorandum from Assistant City Manager was noted. ACM explained that petroleum products had not been bid since 1979. The current bid proposals as listed were for the period March 1 through December 31, 1983, with an option to extend the contract for one year. He recommended that Council award contracts for petroleum products to the low bidders as listed in the memorandum. Following discussion, it was moved by Swartz, seconded by Wilson and unanimously carried by all those present to accept the low bidders as listed. CON-042: C. February 22, 1983, memorandum from Special Projects Engineer Pflum relative to a change order to the armor stone production contract for the construction of training dikes on the north levee was noted. Following discussion, it was moved by Wilson, seconded by Burgess and unanimously carried by all those present to approve Change Order No. 1 to the Burrell/Hepner contract. XII. CITY MANAGER REPORTS: A. ACM stated that the port marketing brochures designed by Kerry Martin and Mystrom Advertising were ready to go to press; a blue line copy was available in Martin's office for inspection. The 5,000 copies ordered would be delivered in late March. 870: B. ACM noted the City's participation in the weekend community swim program. He thanked the Kenai Peninsula Borough School District and Seward High School Principal Greg Moo for their help in getting this much needed winter program underway. C. ACM noted that City Manager Garzini and Seward Advisory Trade Board member Willard Dunham were attending a port marketing seminar in California. t'." ~' \, )- PAGE 81 REGULAR MEETING - FEBRUARY 28, 1983 VOLUME 20 XII. CITY MANAGER REPORTS: (Cont'd) 330 : D. City Attorney noted that the Supreme Court had ruled that a new trial was necessary in the case of Engineering Sciences of Alaska (ESAL) v. City of Seward. The original judgment had resulted in an award of approximately $230,000 to the City and $30,000+ to ESAL; the Court's ruling had set aside this judgment. City Attorney stated that he was preparing a Petition for Rehearing and would make a further report to Council after this petition had been considered. I E. City Attorney reported that the Century/Quadra arbitration hearing had been scheduled for April 11-22, 1983, in Anch. F. ACM noted that the Dairy Hill water and sewer draft report would be available in the Clerk's office on Thursday. A public hearing has been scheduled for the March 9, Planning and Zoning Commission meeting. XIII. COUNCIL DISCUSSION: Wilson: Wilson reported that he had attended the Southcentral Port Commission meeting in Anchorage on February 25. Also in attendance were representatives of Valdez, Anchorage and Whittier; Homer had been omitted through an oversite. The delegates had decided not to affiliate; instead, they would continue to meet informally with Seward hosting the next meeting in a couple of months. Swartz: In response to a question from Swartz, City Engineer Dooley explained that Tim Pflum and Chris Gardner had made a visual inspection of the west end of the Fourth Avenue dock. Their observations indicated that this end of the dock was in a state of active corrosion and needed immediate attention. I Cripps: Cripps noted that a Korean delegation representing SunEel had been in Seward recently to visit the location of the proposed coal shipping facility. XIV. CITIZENS' DISCUSSION: A. Beverly Dunham, informal report on the most Transfer Committee. appearing from the audience, recent meeting of the Alaska gave an Railroad XV. ADJOURNMENT: was adjourned at 8:07 p.m. :!Ai as. C17' C.~e ~ . )~ ( C i~y S ea"l(} !,,'" ^ '~'. ,.;. o:-~ (' '~.li~ '....... ..../, -_\/-:~" Q~pp~ Mayor ----------------------------------------------------------------------------- I Page 81 REGULAR MEETING - MARCH 14, 1983 VOLUME 20 1. CALL TO ORDER: The March 14, 1983, 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. 82 PAGE 82 REGULAR MEETING - MARCH 14, 1983 VOLUME 20 III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Swartz, Meehan, Gillespie and Wilson (Absent with Council consent O'Brien) Present also: City Manager Garzini, Assistant City Manager Schaefermeyer, City Attorney Fred Arvidson, City Clerk Reynolds and Deputy Clerk Audette IV. APPROVAL OF MINUTES: ( February 28, 1983) I twas follows: AYES: NOES: ABSENT: ABSTAIN: moved by Swartz, seconded by Meehan and motion carried as Wilson, Swartz, Meehan, Burgess and Cripps NONE O'BRIEN GILLESPIE Gillespie stated that he was on vacation; therefore, he would abstain from voting on the minutes. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request of the City Manager, it was moved by Swartz, second- ed by Burgess and unanimously carried by all those present to hold an execu- tive session immediately following the regular meeting to discuss the Century/Quadra arbitration and the Chris Berg claim against the City. The City Manager commented on the memorandum from the Department of Natural Resources. The Department plans to initiate the necessary action to establish a dedicated right-of-way for the Iditarod National Historic Trail. Concern was voiced that the dedicated right-of-way might prevent the rail spur into 4th of July from being built. It was moved by Wilson, seconded by Gillespie and unanimously carried by all those present to approve the regular meeting agenda as amended and the consent calendar as presented and the following actions were taken: 210 1. March, 1983, Finance Department's list of accounts payable totalling $484,973.71, was approved for payment and filed. 2. March 2, 1983, memorandum from Department of Natural Resources, regarding the Iditarod National Historic Trail, was noted for discussion and filed. 3. February 28, 1983, letter from Price Waterhouse, regarding the Revenue Sharing Compliance was noted and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewell gave a verbal report of the Assembly meeting of March 1, 1983. VII. PUBLIC HEARINGS: NONE VIII. CITIZENS' DISCUSSION: (With prior notice only) 120 Harvey Baker, Eric Swieter and Jean Cripps, representing the Bluebirds of Seward, appeared from the audience. Baker and Swieter presented the City Council with a petition, requesting the Mayor and Councilmembers to proclaim Seward's support for Children and Hospitals Week-March 21-29, 1983. Mayor Cripps with Council consent had the Acting Clerk read a Proclamation which declared March 21-29, 1983 as Children and Hospitals Week. I 150 820 I 500 I n '~~ PAGE 83 REGULAR MEETING - MARCH 14, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: C. Resolutions: 1. Copies having been made available to the public. noted by title only a proposed resolution entitled: Cripps A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS TO SUPPORT THE SEWARD CHAMBER OF COMMERCE City Manager also noted the March la, 1983, memorandum from Assistant City Manager Schaefermeyer indicating that the City Council on October 11, 1982 voted to contribute as a matching grant to the Chamber an amount not-to- exceed $55,000 for the 1983 fiscal year. It was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-12. 2. 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, APPROPRIATING FUNDS TO THE DAY CARE ASSISTANCE PROGRAM. March 10, 1983, memorandum from Assistant City Manager Schaefermeyer was noted. City Manager Garzini explained that the City participates in the Day Care Assistance Program funded by the State. This program is administered by the Seward Life Action Council under a sub-contract from the City. The Council originally appropriated $29,000 for the Day Care Assistance Program in FY 1983. The State of Alaska has appropriated an additional $41,983 to the Day Care Assistance Program. Resolution 83-13 permits the disbursement of the additional funds received from the State. It was moved by Meehan seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-13. x. UNFINISHED BUSINESS: NONE XI. NEW BUSINESS: A. March 10, 1983, memorandum from Assistant City Manager Schaefermeyer was noted. City Manager Garzini explained that the City had received five proposals from firms wishing to perform the utilities cost of service study. Analysis of the proposals is currently underway and the Administration's recommendation will be presented to the Council at the March 21st meeting. The Administrative committee that will be reviewing the proposals comprises of Finance Director Joe Gale, City Engineer Dennis Dooley and Assistant City Manager Darryl Schaefermeyer. Councilmembers are welcome to review the proposals and make comments at anytime. The proposals may be seen in the Clerk's office. Cripps stated that he had no problem with the proposal reviewing process. Cripps noted that there had been some concern that the Council would be left out of the proposal reviewing process. Meehan commented that the administration always has had an open door reviewing process on the proposals. Swartz stated the size of the proposals should determine the type of reviewing process and she has no problem with the cost of service study review. Mayor Cripps with Council consent postponed the awarding of the cost of service study until March 21, 1983. 84 PAGE REGULAR MEETING-MARCH 14, 1983 VOLUME 20 XI. NEW BUSINESS: 730 B. Memorandum dated March 7, 1983, from Fire Chief Gage recom- mending acceptance of bids for purchase of equipment. City Manager explained that Gage was replacing worn out equipment. Following discussion by the Council, it was moved by Gillespie, seconded by Wilson and unanimously carried by all those present to approve the purchase of fire equipment. XII. CITY MANAGER REPORTS: A. City Manager Garzini stated that Ric Tillotson was feeling better and had been moved from the intensive care area to the serious care. 408 B. CM noted that the proposal deadline for construction and capital projects management services (83-2) is March 15, 1983, at 5:00 p.m.. The Clerk's office has received over 140 requests for RFP 83-2. Garzini expects to receive at least 25 proposals. After the proposals are received and reviewed, Council should plan on a work session to go over the short list of proposals. One of the main criteria is a minimum of $5,000,000 errors and omissions insurance. A time table has been established in order to bring the firm awarded the contract on by May 1/15, 1983. 100 C. CM gave a report on Kent Dawson's lobbyist activities. According to Dawson the $8,000,000 for the 4th of July MIP is still in the budget and it looks like the Senate and House are finally getting together with the Governor. Seward still has good support from both legislative bodies on the MIP. Senate Bill No. 150, Department of Environmental Conser- vation has appropriated $28,000,000 for payment as grants for water and sewer facility; within this bill is 1.8 million appropriated for Lowell Canyon Diversion Tunnel and 1.5 million for the Gateway subdivision. Seward has an excellent chance of getting the money for the Gateway subdivision but if the bill is cut the Lowell Canyon money might be lost. Special Projects HIP D. CM commented on the progress of the 4th of July Marine Indus- trial Park Facilities. Berg will be back in operation to complete phase III, the beginning of May. Century/Quadra is working on the bid packets for the placement of the Syncro-Lift, which will be ready to go out for proposals by the time we receive the appropriation from Juneau. The arbitration with Century/Quadra begins April 11th in Anchorage. XIII. COUNCIL DISCUSSION: A. Meehan, noted the letter from Congressman Don Young in refer- ence to Alaska Navigation's proposal to begin serving the Port of Seward. CM Garzini stated that telegrams had been sent to Young, Stevens and Murkowski. Senator Murkowski is still working with us on this project. Dunham, appear- ing from the audience and stated that the Subcommittee on Merchant Marine and Fisheries would be holding a hearing on H.R. 1076, a bill to strengthen the domestic waterborne commerce of the United States. He further stated he was told that Mayor Cripps would be attending and giving testimony. Mayor Cripps commented that he had not received an invitation to participate in the hearings. Acting Clerk Reynolds stated that her office had not received anything by mail or phone regarding the hearing. B. Wilson, stated that he felt the report done by Paul Carr on the prison site, in the amount of $4500.00, was not worth the money. CM Garzini in response to Wilson's comment, reported that Carr had been asked to redo the report. C. Swartz, thanked Garzini for his report from Lobbyist Dawson and requested that Dawson do more reporting to the Council. 'I I I ,:;s PAGE 85 REGULAR MEETING - MARCH 14, 1983 VOLUME 20 XIl1. COUNCIL DISCUSSION: (cont. ) D. DAY WEEK in Reynolds read Mayor Cripps, proclaimed honor of the Campfire, the proclamation. March 14-20, 1983 as CAMPFIRE BIRTH- Inc., 73rd birthday. Acting Clerk XIV. CITIZENS' DISCUSSION: A. Bob Valdatta, appearing from the audience, suggested the City produce a calendar for community improvement projects that could be handled by local contractors; such as ballfields, greenbelt area, restrooms, or other projects that would be coming up this spring and summer. The calendar would give interested local firms a chance to gear up if they intend to bid on the project. Valdatta, further commented on the VECO lease at 4th of July and if they still were meeting their obligations. CM Garzini stated at this time VECO had met their contract. B. Dave Cich, representing the Seward Chamber of Commerce, appeared from the audience and stated that Peggy Arness had called him regarding a visit from Don Young on March 28th. Congressman Young will be staying overnight and the Chamber will probably have a public reception. XV. ADJOURNMENT: The meeting was adjourned at 8:47 Q~~ Donald W. Cripps Mayor !l " . ;/ . "/L II l'-r&" II t. D-JJ.t.f6 Mar;it1yn I.. Reynoty ~ Act'ing City Clerk' (city seal) PAGE 85 REGULAR MEETING - MARCH 21,1983 VOLUME 20 1. CALL TO ORDER: The March 21, 1983, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. I I. OPENING CEREMONY: Councilmember Burgess led the pledge of allegiance to the flag. IlL ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Swartz, Meehan, Gillespie, O'Brien, Wilson Present also: City Manager Garzini, Assistant City Manager Schaefermeyer, City Attorney Arvidson, Acting City Clerk Reynolds and Deputy Clerk Audette PAGE 86 REGULAR MEETING - MARCH 21, 1983 VOLUME 20 IV. APPROVAL OF MINUTES: follows written: It was moved by Meehan, seconded by Burgess and carried as to approve the March 14, 1983 Regular Meeting minutes as AYES: NOES: ABSENT: ABSTAIN: Meehan, Gillespie, Burgess, Swartz, Wilson, Cripps NONE NONE O'BRIEN O'BRIEN stated that he was on vacation; therefore, he would abstain from voting on the minutes. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: The City Manager requested the following additions to the Regular Meeting Agenda: XI. NEW BUSINESS: B. Opposition to two legislative bills XII. CITY MANAGER REPORTS: A. Project inspection at Fourth of July B. Project Management RFP 83-2 C. Special Meeting Gillespie requested Zoning Ordinances and Civil Defense Awareness be added to the Regular Meeting Agenda. Mayor Cripps requested that his report on his Washington D.C. trip be added to the Regular Meeting Agenda. It was moved by Gillespie, 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. March 10, 1983, letter from Paul Fischer, State Senator, regarding Senate Bill 15, relating to municipal grants for water, sewage, and solid waste facilities, was noted and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Assembly Representative Jonathan Sewell was unable to be present; his written report was read aloud by the Deputy Clerk. VII. PUBLIC HEARINGS: NONE VII 1. CITIZENS; DISCUSSION: (With prior notice only) NONE IX. ORDINANCES AND RESOLUTIONS: NONE X. UNFINISHED BUSINESS: 500 A. March 11, 1983, memorandum regarding a contract for water, sewer and electric cost study from City Engineer Dooley was noted. City Manager recommended the contract for the water, sewer and electric cost study be awarded to Kennedy/Jenks Engineers. After Council discussion, it was moved by Gillespie, seconded by O'Brien and unanimously carried to award a Professional Services Contract in the amount of $21,000.00 to Kennedy/Jenks Engineers. I I I PAGE 87 REGULAR MEETING - MARCH 21, 1983 VOLUME 20 XL NEW BUSINESS: 420 A. A proposal from Daniel J. Golden Jr., C.C.I.M., and Wiley F. Beaux,P.E., the only responsive bidders to RFP 83-1, relative to the disposal of the Jesse Lee homesite property, was opened and read by Cripps at 7:42 p.m. A bid price of $161,272.52 was listed; a cashier's check for $20,000.00 was enclosed as earnest money. City Manager noted a letter of inquiry had been received at his office regarding the Jesse Lee sale. He suggested that the Administration review the submitted proposal, noting that the Alaska Historic Sites Advisory Committee would be considering the Jesse Lee Building as a nomination to the National Register of Historic Places on March 25, 1983. Mayor Cripps, with Council consent, directed the Administration to review the proposal and the RFP-l requirements. City Manager, in response to a question from Council, also noted that the City reserves the right to reject any or all bids. B. City Manager recommended that Council express its opposition to Senate Bill 154 (An Act repealing the municipal exemption option to the Public Employment Relation Act) and House Bill 200 (An Act relating to individual rights of peace officers) at the Teleconference scheduled for March 22, 1983 at 2:00 p.m.. Following Council discussion, Cripps, with Council Consent, directed City Manager to oppose both legislative bills at the Teleconference. XII. CITY MANAGER REPORTS: CON-049 A. City Manager recommended that Council consider hiring an Inspection Team, with Errors and Omissions insurance, for the duration of the Chris Berg, Inc. contract for pipe piling installation at the Fourth of July Marine Industrial Center. He stated that there would be no need for this service once a Construction Management Team was hired in May. City Manager further noted that inspection money had already been appropriated. Upon the recommendation of the City Manager, it was moved by O'Brien, seconded by Wilson and unanimously carried to contract with Peratrovich, Nottingham & Drage, Inc. in the amount of $35,000.00 to do the inspection of the Chris Berg pipe piling installation. B. In response to an inquiry Councilmembers Burgess, Wilson, and Swartz interested in participating in the review relative to Contract Management Services. from the City Manager, stated that they would be of responses to RFP 83-2, C. At the City Manager's request, Cripps, with Council consent, set April 4, 1983 at 7:30 p.m. for a special Council meeting to hear a presentation by Chris Berg, Inc, relative to their claim against the City. D. City Manager reported on his trip to Juneau. XIII. COUNCIL DISCUSSION: GILLESPIE: Gillespie voiced his concern over the Kenai Peninsula Borough's withdrawal from the Federal Flood Plain insurance program. Since this withdrawal leaves Seward without Flood Plain insurance, the Administration was requested to research other alternatives. Gillespie also requested that the Administration review the Planning and Zoning ordinance which restricts a family residence from being located within a Commercial building. In response to Citizen requests, Gillespie expressed his concerns on Civil Defense planning and awareness. Cripps agreed the preparedness plan was inadequate and asked that this matter be placed on the agenda for the next Regular Council meeting. MEEHAN: Meehan requested that the Administration send a letter to our Legislators in support of two Senate bills: (1) Senate Bill #9, establishing the Statewide Trail System and (2) PAGE 88 REGULAR MEETING - MARCH 21, 1983 VOLUME 20 XII 1. COUNCIL DISCUSSION: (Cont'd) Senate Bill #128, establishing the Alaska Marine Park System. The Senate Resource Committee will meet on March 23, 1983 concerning these two bills. Meehan also complimented Willard Dunham on his letter to Don Young requesting his support in opposing H.R. 1076. CRIPPS: Cripps reported on his trip to Washington D.C., stating the community's position opposing H.R. 1076 was in the minority. The three legislators from Washington state and Representative Don Young from Alaska are in favor of H.R. 1076 because it will eliminate the applicability of the Third Proviso to Alaska. Sea-Land, TOTE and Foss expressed their concern over allowing foreign-hulled ships to transport cargo to Alaska because they felt it would put thousands of Americans out of work. At this time Cripps read an invitation he had received from Canada-National to attend the celebration at Whittier of the introduction of the Canadian built "Aqua-Train" barge system. Cripps thanked Willard Dunham for providing him with the Jones Act back-up data for the presentation in Washington D.C. XIV. CITIZENS' DISCUSSION: A. Bob Valdetta appeared from the audience and expressed concern over the local hire clause included in city contracts. City Attorney Arvidson and City Manager assured Valdetta the City includes the most stringent local hire clause legally possible in all their contracts. XV. ADJOURNMENT: The meeting was adjourned at 9:20 p.m. o~~ Donald W. Cripps Mayor PAGE SPECIAL MEETING - APRIL 4, 1983 VOLUME 20 1. CALL TO ORDER: The April 4, 1983, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice Mayor Gillespie. II. OPENING CEREMONY: Councilmember 0' Brien led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Vice Mayor Gillespie and Councilmembers Burgess, Meehan, 0' Brien, Swartz and Wilson (Absent, with Council consent, was Mayor Cripps) Present also: City Manager Garzini, Assistant City Manager Schaefermeyer, City Attorney Arvidson and City Clerk Murphy PAGE 89 SPECIAL MEETING - APRIL 4, 1983 VOLUME 20 NOTE: At the request of the City Manager, it was moved by Burgess, seconded by Wilson and unanimously carried by all those present to hold an executive session immediately following the close of regular business to discuss a legal matter. IV. SPECIAL ITEM: CON-024: A. Norman Berg, president of Chris Berg, Inc. (CBI), appeared from the audience and outlined for Council his position in CBI's claim against the City relative to dredging operations at the Fourth of July Marine Industrial Center. Berg's claim centered around the "Changed Conditions" clause in the contract--he stated that the material to be dredged from the bay was materially different from that specified in the contract. At the completion of his statement, Berg introduced Stuart Oldes, attorney for CBI, and Ken Youngman, the person responsible for formulating the bid for the dredging project. Oldes and Youngman further expounded on Berg's position. At the completion of his presentation, Berg and his associates fielded several questions from Council. I V. CITIZENS' DISCUSSION: No one appeared from the audience in order to be heard. VI. ADJOURNMENT: The meeting was adjourned at 8:55 p.m.; and, after a brief recess, Council reconvened in Executive session to discuss a legal matter. '~'J ""'-" I ~ a:- fut~~ J n F. Gillespie f V ce Mayor --------------------------------------------- PAGE 89 SPECIAL MEETING - APRIL 4, 1983 VOLUME 20 1. CALL TO ORDER: The April 4, 1983, special meeting of the Seward City Council was called to order at 9:30 p.m. by Vice Mayor Gillespie. II. OPENING CEREMONY: Councilmember Swartz led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Vice Mayor Gillespie, and Councilmembers Burgess, Meehan, O'Brien, Swartz and Wilson (Absent, with Council consent, was Mayor Cripps) I Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. SPECIAL ITEM: A. March 31, 1983, memorandum from Assistant City Manager CON-024:relative to a negotiated settlement with Chris Berg, Inc. (CBI) regarding changed conditions and modifications to breakwater cells in the course of construction of the Marine Industrial Center was noted. City Manager stated that he and the City Attorney had met with CBI PAGE 90 SPECIAL MEETING - APRIL 4, 1983 VOLUME 20 IV. SPECIAL ITEM: (Cont'd) representatives for two days the previous week concerning the settlement. He added that approval of Change Order No. 5 to the CBI contract would result in a reasonable settlement to Berg. It was moved by 0' Brien, seconded by Meehan and unanimously carried by all those present to approve Change Order No.5, increasing the contract in the amount of $231,000. V. CITIZENS' DISCUSSION: No one appeared from the audience in order to be heard. VI. ADJOURNMENT: The meeting was adjourned at 9:34 p.m. ---------------------------------------------------- REGULAR MEETING - APRIL 11, 1983 VOLUME 20 1. CALL TO ORDER: The April 11, 1983, 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 Wilson led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Meehan, Swartz and Wilson was Councilmember O'Brien) Burgess, (Absent Present also: City Manager Garzini and City Clerk Murphy IV. APPROVAL OF MINUTES: carried meeting written. It was moved by Meehan, seconded by Burgess and unanimously by all those present to approve the March 21, 1983, regular minutes and the April 11, 1983, special meeting minutes as V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested the following additions to the regular meeting agenda: VIII. CITIZENS' DISCUSSION: (With Prior Notice Only) D. Frank Dieckgraeff--Jesse Lee proposal XL NEW BUSINESS: E. Seward General Hospital request for funds. It was moved by Burgess, 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: 1. Resolution No. 83-14, charging off certain uncollectible miscellaneous accounts totalling $819.02, was approved and filed; I I I ()<"\ "~'"~ PAGE 93 REGULAR MEETING - APRIL 11, 1983 VOLUME 20 VIII. CITIZENS' DISCUSSION: (With Prior Notice Only) [Cont'd] service in Seward. City Manager stated that there would be no objection from the administration as long as there was some provision for Council review of potential licensees prior to the transfer of the permits. In response to a question from Burgess, City Manager stated that an ordinance could be drafted by the attorney and worded in such a way as to allow such a review. Cripps, with Council consent, instructed the administration to proceed with the drafting of an ordinance for introduction at the April 25 regular meeting. D. was deleted. Frank Dieckgraeff failed to appear and this agenda item IX. ORDINANCES AND RESOLUTIONS: None X. UNFINISHED BUSINESS: A. April 11, 1983, memorandum from City Manager Garzini relative to the response to the Jesse Lee Request for Proposals was noted. City Manager briefly outlined the history of the City's attempts to dispose of the Jesse Lee Home while still preserving its historical flavor. City Manager stated that Golden and Associates had submitted the only response to the RFP received by the City and added that their bid of $161,000+ was more than the fair market appraised value; he recommended that Council authorize the administration to proceed with the drafting of a purchase agreement and the necessary public hearings to accomplish the sale of the property. Following further discussion, it was moved by Gillespie, seconded by Cripps and unanimously carried by all those present to accept the administration's recommendation and to direct the administration to enter into negotiations with Golden and Associates for the purchase of the Jesse Lee Home property. B. April 9, 1983, memorandum from City Engineer Dooley relative to a request for approval to negotiate a construction management contract was noted. City Manager stated that 26 proposals for construction management had been received by the City. Of these, approximately one-half had been chosen for review by the consultant selection committee (CSC); five had been interviewed. It was the unanimous recommendation of the CSC that the City negotiate with Acres/Hanscomb JV to perform construction management for the City, holding the firm of Moulin in reserve in the event a fee could not be negotiated. Following further discussion, it was moved by Wilson, seconded by Swartz and unanimously carried by all those present to comply with the administration's recommendation to negotiate with Acres/Hanscomb for construction management. XL NEW BUSINESS: A. April 6, 1983, memorandum from Administrative Assistant Kerry Martin relative to a request from Del Branson to purchase timber in the Fourth of July Creek area was noted. Martin explained that the land would have to be cleared eventually; allowing Branson to log the area to be cleared would generate additional income for the City and would aid in the clearing. Wilson suggested that the property be open to firewood cutters after logging operations are completed. Upon the recommendation of the City Manager, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to find it in the public interest to negotiate the sole source disposal of the timber identified for sale, to have the AVTEC Forest Tech class proceed with the cruising and marking of the timber in order to have the volumes of timber available for sale purposes, and to authorize the sale of forest products utilizing the US Forest Service rates. B. April 6, 1983, memorandum from Administrative Assistant Kerry Martin relative to a letter of interest from Steve Hightower for the purchase of Lots 2-3, Block 9, Cliff Addition, was noted. City Manager explained that the lots had been acquired by the City as a result of a tax foreclosure. He further noted that the only portion of 9<f PAGE 94 REGULAR MEETING - APRIL 11, 1983 VOLUME 20 XL NEW BUSINESS: (Cont'd) the two lots needed by the City were the rights of way for Government Road and the proposed sewer line. Burgess noted that, in order for the City to retain those areas, it would be necessary to file a subdivision map creating two different parcels. Gillespie added that an easier route would be to acquire an easement from the new owners. Following further discussion, it was moved by Burgess, seconded by Wilson and unanimously carried by all those present to go along with the administration's recommendation to proceed with the public bidding process for the disposal of Lots 2 and 3, Block 9, Cliff Addition. PARKS & R~e/Financel C. April 6 and 8, 1983, memoranda from Parks and Recreation EQUIPMENT Director Noble relative to the purchase of a new tractor and accessory equipment were noted. City Manager added that funding was available within the Greenbelt Fund for the purchase of the tractor. Upon the recommendation of the City Manager, it was moved by Wilson, seconded by Burgess and unanimously carried by all those present to purchase a tractor and accessory equipment from All Seasons Equipment, Inc. for a price of $12,091. D. April 4, 1983, memorandum from City Clerk relative to a request from Community and Regional Affairs Commissioner Mark Lewis for a nomination for the Resource Development Council's annual Environmental Enhancement Award was noted. Council decided to forego submitting a nomination for the award this year. E. April 7, 1983, letter from Seward General Hospital (SGH) Administrator C. Keith Campbell was noted. Campbell stated that the SGH Board was requesting the transfer of $35,000 in sales tax revenues to the hospital to help meet revenue shortfalls. Campbell noted that he was closely monitoring the City's budget process and would be coming to Council soon with a defensible hospital budget for its consideration. In response to a question from Cripps, City Manager stated that only a consensus of Council was needed at this time; a resolution appropriating the funds would be presented for action at the next regular meeting. No objection was expressed. XII. CITY MANAGER REPORTS: A. City Manager reviewed the status of the Century/Quadra arbitration hearings now in progress in Anchorage and reported that Assistant City Manager Schaefermeyer was in attendance. B. City Manager noted that Nuggett Properties had applied for a permit from the Corps of Engineers to place rip rap and fill in the area surrounding the proposed development of condominiums in the Lowell Point area. He advised Council to watch this project closely; although not located within the City, the residents of the Lowell Point area were requesting City electrical power, water and sewer. City Manager also discussed possible liability incurred the if City continued to maintain the section of road leading to the Wastewater Treatment facility. C. City Manager stated that he had investigated two areas of concern voiced by Gillespie at the March 21 meeting--flood plain insurance and civil defense. He stated that the Borough Mayor was looking at local government option relative to insuring flood plain areas and added that the Planning and Zoning Advisory Board was meeting weekly to update and revise the Seward Comprehensive Plan and would include this topic in its discussions. City Manager also noted that the Borough, along with the City Fire Chief and Police Chief, were looking at the City's present civil defense plan with an eye toward upgrading it. He added that he might soon come to Council with a proposal for a back-up generation plan. XII 1. COUNCIL DISCUSSION: SWARTZ: Swartz noted an increase in the speed of traffic traversing Second Avenue and asked that the Police make an attempt to slow it down. c~ l PAGE 91 REGULAR MEETING - APRIL 11, 1983 VOLUME 20 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd) 2. February, 1983, invoice from Hughes, Thorsness, Gantz, Powell and Brundin for legal services rendered in the amount of $8,801.80, was approved for payment and filed; 3. April 6, 1983, Finance Department's list of accounts payable totalling $865,634.80, was approved for payment and filed; I 4. March 15, 1983, letter from Alaska State Geographic Names Board relative to naming Mt. Kennybaker was noted for information and filed; 5. March 9, 1983, Order to Show Cause relative to application of Alaska Aeronautical Industries, Inc. for certificate of public convenience and necessity was noted for information and filed; and 6. April 4, 1983, letter from Senator Joe Josephson relative to Seward's support of Senate Bills 9 and 128 was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the April 5 Borough Assembly meeting. VII. PUBLIC HEARINGS: I GATEWAY SUB. A. Notice of Public Hearing relative to the proposed exchange of privately owned parcels (identified as Lots 22-24, Block 1, Lots 1-7, Block 8, Lots 1-7 and 34-40, Block 9, Terminal Addition) for publicly owned Tract C in the preliminary plat of the proposed Gateway Subdivision, as published and posted as required by law, and April 4, 1983, memorandum from Administrative Assistant Martin were noted. After pointing out the referenced parcels on a plat map displayed in Council Chambers, Martin briefly outlined the events leading up to the proposed exchange of land with D. L. Snellman. He noted that Snellman had agreed to exchange his land holdings within Terminal Addition for a comparable amount of land within the multi-family portion of the new Gateway Subdivision and to be a co-petitioner with the City in the vacation of Terminal Addition, the platting of the newly formed Gateway Subdivision and the rezoning of that portion of the Gateway Subdivision designated as multi-family. He further agreed to provide a right-of-way through his private holdings north of Gateway Subdivision as an alternate access route into the development from Forest Acres. Public Hearing was opened. In response to a question from Greg Moo, Seward High School Principal, Martin stated that there would be no roadway access through school property. He added that a pedestrian-way would connect the subdivision with the school. Willard Dunham, Forest Acres, Seward, appeared from the audience and expressed his concern that access through Forest Acres would add to an already hazardous traffic pattern and urged the City to study this situation carefully. No one else appeared from the audience in order to be heard and the public hearing was closed. Cripps noted that he had been involved in discussions with Snellman in Seattle and had found him to be amenable to going forward with the City's plans. I GATEWAY SUB. B. Notice of Public Hearing relative to the proposed purchase of Lots 10-12, Block 1, Terminal addition from Wilma Weber, as published and posted as required by law, and April 4, 1983, memorandum from Administrative Assistant Martin were noted. Martin once again pointed out the subj ect property on a plat map displayed in Council Chambers and pro ceded to outline his recent negotiations with Ms. Weber for the purchase of her property. He noted that this parcel was one of the two privately owned parcels within the proposed Gateway Subdivision. Since the other private land holder has agreed to exchange his Terminal Addition holdings for comparable square footage in the new Gateway Subdivision, purchase of Weber's property would allow the City to 92 PAGE 92 REGULAR MEETING - APRIL 11, 1983 VOLUME 20 VII. PUBLIC HEARINGS: (Cont'd) proceed with vacation of the Terminal Addition and the final platting of the Gateway Subdivision. Public Hearing was opened; no one appeared from the audience in order to be heard and the public hearing was closed. In response to a question from Cripps, City Manager noted that formal action on the above proposals was not needed at this time. Council voiced no obj ection to proceeding with the necessary public hearings required by law for both the land exchange and the acquisition of Lots 10-12, Block 1, Terminal Addition. VIII. CITIZENS' DISCUSSION: (With Prior Notice Only) A. Linda Lamberson, Vice President of the Gateway Children's Center (GCC) Board of Directors, appeared before Council and requested a grant in the amount of $3,000 to partially fund the installation of a sprinkler system in the basement of the First Baptist Church (FBC). GCC is currently housed in the church basement; the sprinkler system is needed to comply with the Alaska State fire regulations for daycare safety. In response to a question from Swartz, Lamberson noted that GCC serves 48 families in the Seward area and cares for 45-85 children per month. City Manager recommended approval of the grant contingent upon FBC granting a long-term (minimum 2.5 years) lease to GCC; Lamberson stated that this condition had been met. It was moved by Gillespie and seconded by Swartz to grant GCC $3,000 for the purchase and installation of a sprinkler system in the basement of the First Baptist Church. Wilson and Meehan voiced their obj ection to City funding of capital improvements to a church or privately-owned structure. Gillespie then amended his motion to make the grant contingent upon FBC amortizing the cost at the rate of a $100 per month rent reduction to GCC. Burgess noted that FBC probably could not afford to reduce the nominal fee presently charged GCC; the amendment died for lack of a second. Cripps and Swartz both expressed their support for the grant stating that the service provided was vital to the community and an alternative was not readily available. Gillespie withdrew his original motion. Following further discussion, it was moved by Gillespie, seconded by Swartz and carried as follows to grant Gateway Children's Center $3,000 for the installation of a sprinkler system in the basement of First Baptist Church: AYES: NOES: ABSENT: Burgess, Cripps, Gillespie, Meehan and Swartz Wilson O'Brien. B. Willard Dunham and Dale Lindsey, representing the Spring Creek Prison Facility Task Force, apprised Council of progress made by the Task Force in informing the Community of the pros and cons of the possible location of a maximum security prison in Seward and asked Council's direction in how to proceed with future lobbying efforts in Juneau. They noted that a public meeting was scheduled for 7:30 p.m., Monday, April 18, in the High School auditorium. Dunham noted that it was up to the City to present a "hard dollar package" to the State, explaining that the City could complete construction of the facility cheaper and more expeditiously than could the State. The Clerk was instructed to schedule a public hearing before Council for Monday, May 2. Dunham then introduced Wally Roman, Vocational Rehabilitation Coordinator for the State Department of Corrections, who fielded questions from the Council concerning the institution of prison industries in State correctional facilities. Roman stated that the presence of AVTEC and the proposed industrial center to be located at Fourth of July Creek would be viewed favorably when Seward is considered as a possible site for the prison. RECESS: p.m. The meeting was recessed at 8:50 p.m. and reconvened at 9:05 C. Ivan Darbyshire, co-owner of Legion Pioneer Cab Co., appeared before Council and requested that Section 20-2 of the Seward City Code be amended to delete the word "nontransferable" from the description of the City permit required for operation of a taxicab I I I PAGE 95 REGULAR MEETING - APRIL 11, 1983 VOLUME 20 XIII. COUNCIL DISCUSSION: (Cont'd) GILLESPIE: Gillespie noted request of Harbor Air for City aid in establishing public restroom facilities at the airport was a valid one and asked if the administration had investigated this matter. City Engineer stated that these services are commonly provided by the carrier servicing the airport in question. City Manager added that the administration would continue to seek State support for this project, noting that it would not be wise for the City to set a precedent of providing services at a State-owned facility. WILSON: In response to a question from Wilson, Martin indicated that the Borough was working on zoning maps for use by the Planning and Zoning Advisory Commission. MEEHAN: Meehan asked the administration to prepare a cost comparison analysis of "in-house" vs. "outside firm" construction management. He also stated that he would like to see some progress on the Greenbelt Proj ect this year and voiced his concern over the dwindling fund balance in that account. Meehan was also concerned about the continued parking of campers on Main St. (Fourth Ave.); City Manager stated that the Chief of Police was investigating an alternate area for camper parking. CRIPPS: Cripps noted a letter he had received from the Forest Service asking for any information available concerning members of the CCC during the 30's and 40's. He also informed Council that the annual dues for the National League of Cities (NLC) were on the rise and suggested that Council consider whether it wished to retain its affiliation with the NLC. He also noted that the Governor had failed to select the City's nominee for the State Jobs Council, adding that one member had been chosen from the Kenai Peninsula. Cripps went on to say that the Governor was requesting input from the Council and the community on the proposed time zone changes for the State. Cripps congratulated the City staff on its handling of the construction management selection. In particular, he praised the dedication displayed by Assistant City Manager Schaefermeyer in the selection process and the Century/Quadra arbitration hearings now in progress. XIV. CITIZENS' DISCUSSION: A. Keith Campbell, Forest Acres, appearing from audience, asked if Seward Fisheries would once again be setting camping area for transient cannery workers. City Manager stated the Administration would follow up on this matter. the up a that B. Dennis Scholl, Dairy Hill, appearing from the audience, asked why the power lines to the marine industrial center had been placed directly across the the view from the Kerttula Scenic Viewpoint. City Manager stated that the decision to do so was either an engineering one or an economic one. XV. ADJOURNMENT: was adjourned at 10:50 p.m. Q~p~ Mayor 96 PAGE 96 REGULAR MEETING - APRIL 25, 1983 VOLUME 20 1. CALL TO ORDER: The April 25, 1983, 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, Gillespie, Meehan, O'Brien, Swartz and Wilson Present also: City Manager Garzini and City Clerk Murphy IV. APPROVAL OF MINUTES: carried written. It was moved by Swartz, to approve the April 11, seconded by Meehan and unanimously 1983, regular meeting minutes as V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager Nancy Barnard relative from the agenda. The agenda: requested that Item VIII. A, a presentation by to a proposed mobile food service, be deleted Mayor requested the following addition to the VIII. CITIZENS' DISCUSSION: (With prior notice only) C. Don Ennis--Jesse Lee Home sale. It was moved by O'Brien, seconded by Wilso~ and unanimously carried to approve the regular meeting agenda as amended and the consent calendar as presented, and the following actions were taken: 380/930: 1. Resolution No. 83-15, appropriating $3,000 to Gateway Children's Center for the purchase and installation of a sprinkler system, was approved and filed; 380/950: 2. Resolution No. 83-16, appropriating $35,000 from sales tax revenues to Seward General Hospital, was approved and filed; 320 : 3. March 1983, invoice from Hughes, Thorsness, Gantz, Powell & Brundin for legal services totalling $14,916.93, was approved for payment and filed; and 4. April 11, 1983, letter from Roger V. Endell, Division of Corrections, relative to proposed maximum security prison, was noted for information and filed. SPECIAL ITEMS: 030: At the request of the Mayor, the Clerk read aloud the following two proclamations: May--Litter Prevention and Cleanup Month May 8-14, 1983--Small Business Week. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the Assembly meeting of April 19, noting that the Assembly had recessed just after midnight on the night of the 19th and had reconvened on Thursday, April 21 to complete the meeting. Following his presentation, he fielded several questions from the Council. VII. PUBLIC HEARINGS: None. 085: I 440 : I t1 ,",,' PAGE 97 REGULAR MEETING - APRIL 25, 1983 VOLUME 20 VII 1. CITIZENS' DISCUSSION: (With Prior Notice Only) A. Deleted. B. Pat Riley, Personnel Director for Seward Fisheries, Inc. (SFI), appeared from the audience and requested Council consent to set up a camper park to house transient cannery workers. Riley reminded Council that a similar permit had been granted in June, 1982. In response to a question from O'Brien, City Manager stated that the administration did not object to the issuance of a temporary permit, but noted that SFI should look into making more permanent arrangements in the future. Following further discussion, it was moved by O'Brien, seconded by Swartz and carried as follows to issue a permit to Seward Fisheries to operate a temporary camper park for a period of time not to exceed one (1) year: AYES: Burgess, Cripps, Gillespie, O'Brien, Swartz and Wilson None Meehan. NOES: ABSTAIN: Meehan abstained due to the fact that he is an employee of SFI. C. Don Ennis, appearing from the audience, read aloud a letter from Duane DuCharme relative to the proposed sale of the Jesse Lee property. Ennis asked that Council instruct the administration to discontinue negotiations with Golden and Associates until his Client, DuCharme, could view the subject property and make a cash offer to the City for the parcel. He added that, if DuCharme developed the property, he would guarantee 95% local (Seward) hire. City Manager recommended that the administration be allowed to continue with its negotiations with Golden, noting that the City had advertised the RFP for 45 days, had received only one proposal (from Golden) and had been instructed to negotiate a sale document with Golden. He added that the City should not violate the integrity of the bid process by abandoning the negotiations in midstream just because another offer had been made. Gillespie and Meehan stated that they did not wish to appear unethical, but felt the City should investigate a "cash" offer and the possibility of a construction project which would guarantee 95% local hire. O'Brien reminded Council that it had voted to negotiate the sale with Golden at the April 11 meeting; to make a 1800 turn at this point would place the City in a bad light. He recommended that the City accept a "backup" offer from DuCharme, but continue with the negotiations now underway. In response to a question from Cripps, City Manager stated that he could complete negotiations and have a proposal before Council at the May 23 meeting. It was moved by O'Brien, seconded by Gillespie and unanimously carried to table the matter until the May 23, regular meeting. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 365/990: 1. Copies having been made available to the public, Cripps noted by title only a proposed ordinance amending Chapter 20 of the City Code relative to taxicabs entitled: I AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, AMENDING CHAPTER 20, SEWARD CITY CODE, TO ALLOW TRANSFER OF PUB- LIC VEHICLE PERMITS WITH CITY COUN- CIL APPROVAL, TO INCREASE INSURANCE REQUIREMENTS, AND TO DELETE GENDER BASED CLASSIFICATIONS. Following discussion, it was moved by O'Brien, seconded by Meehan and unanimously carried to introduce proposed Ordinance No. 514. Public hearing was set for May 9. 085/365: 2. Copies having been made available to the public, Cripps noted by title only a proposed ordinance amending the City Code relative to peddlers, solicitors, and transient merchants entitled: 98 PAGE 98 REGULAR MEETING - APRIL 25, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) ORDINANCE A. Ordinances for Introduction: (Cont'd) AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, AMENDING CHAPTER 15 AND RE- PEALING AND RE-ENACTING CHAPTER 16, SEWARD CITY CODE, REGULATING PED- DLERS, SOLICITORS, ETC. It was moved by Meehan, seconded by Burgess and unanimously carried to introduce proposed Ordinance No. 515. Public hearing was set for May 9. B. Ordinances for Public Hearing and Enactment: None C. Resolutions: None X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. April 8, 1983, letter from Candee Frankel relative to the Governor's annual volunteers award was noted. The Council instructed the Clerk to run an ad in the local newspaper requesting nominations from the public. XII. CITY MANAGER REPORTS: City Manager reported that DOT would be installing a public restroom at the airport. He also gave a status report on the Greenbelt project (work has begun) and the Century/Quadra arbitration (hearings have been recessed for 6 weeks). Garzini noted that the City campgrounds would reopen May 1. City Manager informed Council that the Governor had approved a $6.1 million appropriation for installation of the shiplift at the Marine Industrial Center; he added that he anticipated installation before season's end. City Manager noted that the proposed FY 84 budget had distributed to Council. He added that public hearings have scheduled for May 9 and 23. been been XIII. COUNCIL DISCUSSION: Burgess Burgess asked that the administration investigate the possibility of replacing the bridge over Spruce Creek. 0' Brien agreed that the bridge was a problem and suggested that the City Manager look into the possibility of Federal funding for a new bridge. MEEHAN Meehan asked the administration to report on the status of possible electrical hook-up for the Ferry and future dredging of the Small Boat Harbor to accommodate larger boats. He also asked the City to consider taking a stand on HB 304 which would exempt communities with a population under 5,000 from the provisions of the Little Davis-Bacon Act. O'Brien O'Brien asked the administration to investigate the possibility of constructing and operating a hatchery similar to the one in Juneau as a way of providing additional jobs for Seward. PAGE 99 REGULAR MEETING - APRIL 25, 1983 VOLUME 20 XIII. COUNCIL DISCUSSION: (Cont' d) Swartz Swartz voiced her concern for alleged public nuisance and building code violations on property located just north of Adams on Third Avenue. She requested that the Building Inspector investigate the property and issue abatement orders. I Cripps Cripps reported the death of Hiroshi Yoshimura, former Mayor of Obihiro. Yoshimura and Bob Richardson, former Mayor of Seward, initiated the Seward-Obihiro Student Exchange Program. Cripps also reported on his trip to Whittier to attend the Canadian National Railroad Aqua Train inaugural. XIV. CITIZENS' DISCUSSION: No one appeared from the audience in order to be heard. XV. ADJOURNMENT: 0.tJje~ Donald W. Cripps Mayor ----------------~------------------------------------------------------- PAGE 99 SPECIAL MEETING - MAY 2, 1983 VOLUME 20 I 1. CALL TO ORDER: The May 2, 1983, special meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. 11. OPENING CEREMONY: Councilmember Burgess led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan, O'Brien and Wilson (Absent, with Council consent, was Councilmember Swartz) Present also: City Manager Garzini and City Clerk Murphy IV. PUBLIC HEARINGS: I A. Notice of Public Hearing relative to the location of a proposed maximum security prison in the Seward area, as published and posted as required by law, was noted. Cripps asked that any member of the audience wishing to address the Council approach one of the two microphones at the front of the auditorium, state his name and residence address for the record, and limit his presentation to 5 minutes or less. He also noted that, since effect of this issue encompassed the greater Seward area, comments would be accepted from people living outside the corporate limits of the City. Public hearing was opened, and the following people appeared from the audience in order to be heard: DON MCCLOUD, 208 Marathon Drive, Seward, stated that the addition of a prison to the Seward area was a positive approach to getting industry into Seward. 100 PAGE 100 SPECIAL MEETING - MAY 2, 1983 VOLUME 20 IV. PUBLIC HEARINGS: (Cont'd) WILLARD DUNHAM, Forest Acres, Seward, thanked the Council for conducting the public hearing and added his support for the location of the prison in Seward. He noted that the proposed prison would provide well-paying, year-round jobs for a large number of Seward residents and urged that Council approve the up-coming resolution in support of the prison. GEORGE HUDAK, Bluefield Drive, Seward, stated that he was suspicious of the project but not totally opposed to it. He voiced his concern that a sudden influx of people, brought on by the operation of the Marine Industrial Center (MIC) , compounded by the addition of a prison facility, would change the character of the town. City Manager explained that the MIC's effect on the community would be cyclical in nature, in good years employing up to 200 people and in other years employing only 30-40. JACK WERNER, Third Avenue, Seward, cast an affirmative vote for the prison. He added that he could see no negatives associated with the placement of a maximum security prison in the community. PAUL PAQUETTE, Lowell Point, stated that while he was not opposed to industry in the form of a prison adjacent to the MIC, he felt that the community should steer away from State-financed projects at this time, citing the dwindling oil revenues as well as the cost over-runs and hidden costs associated with most government-financed projects. He added that Seward should be pursuing private industry. MICHAEL EPSTEIN, Resurrection Road, stated that, contrary to statements at the last public meeting, this industry was not inflation-proof. He felt that when a budget crunch comes, the prison system would experience heavy cuts in all but security-related jobs. He also was opposed to the location of the prison in Seward on moral grounds, stating that many people were locked up unjustly. HAROLD DAVIS, 609 Third Avenue, Seward, stated that in his 42 years in Seward, several attempts had been made to lure private industry to the town; all had failed. He noted that the major employer in the area was AVTEC, and funding for that institution was largely political. He voiced his affirmative vote for location of the prison in Seward. ROBERT BOOHER, 521 First Avenue, Seward, was also in favor of passage of the resolution supporting the location of the proposed prison in Seward. He noted that AVTEC and the prison could work together harmoniously and to the benefit of both facilities. He added that education and corrections are statistically the highest employment-generating facilities as well as being environmentally cleaner than other industries. KEITH CAMPBELL, Birch Street, Forest Acres, Seward, s ta ted that, originally, he was opposed to this proposal. After attending the last hearing and carefully considering the impact the prison could have on Seward, he now urged support of the location of the prison in Seward. No one else appeared from the audience in order to be heard, and the public hearing was closed. V. RESOLUTIONS: A. Copies having been made available to the public, the Clerk read in its entirety a proposed resolution entitled: ... """' 1, I, PAGE 101 SPECIAL MEETING - MAY 2, 1983 VOLUME 20 V. RESOLUTIONS: (Cont'd) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RE- QUESTING THAT THE STATE OF ALASKA LOCATE ITS PROPOSED MAXIMUM SE- CURITY PRISON ADJACENT TO THE SEWARD MARINE INDUSTRIAL CENTER AT FOURTH OF JULY CREEK. I It was moved by Wilson, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 83-17. VI. CITIZENS' DISCUSSION: A. Willard Dunham thanked the Council for approving Resolution No. 83-17. VII. ADJOURNMENT: The meeting was adjourned at 8:07 p.m. c ~.~~ Donald W. Cripps Mayor PAGE 101 .......r-..,.. o. '*', K.')' ,0 '. v~, ~ -..., ~ J' ":':.; 1,.:... c.:~ l' .... h-'" ~;[----~T~. ,~-------------------------------------------- ,~KEGULAR MEETING - MAY 9, 1983 VOLUME 20 1. CALL TO ORDER: I The May 9, 1983, regular meeting was called to order at 7:30 p.m. by Vice Mayor John F. Gillespie. II. OPENING CEREMONY: Councilmember Swartz led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Vice Mayor Gillespie and Councilmembers Bur- gess, Meehan, O'Brien, Swartz and Wilson (Absent, with Council consent, was Mayor Cripps) Present also: City Manager Garzini, 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 April 25, 1983, regular meeting minutes and the May 2, 1983, special meeting minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: I RES/GRANTS/ It was moved by O'Brien, seconded by Swartz and unanimously SPC.PROJ:carried by all those present to approve the regular meeting agenda and the consent calendar as present, and the following action was taken: Resolution No. 83-19, accepting $6.1 Million from the State of Alaska for installation of the shiplift at the Fourth of July Creek Marine Industrial Center was approved and file. V1. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the KPB Assembly meeting of May 3, 1983. -()') -......::-. PAGE 102 REGULAR MEETING - MAY 9, 1983 VOLUME 20 VII. PUBLIC HEARINGS: BUDG: A. City Manager noted that declining State revenues had been considered in preparing the proposed FY 84 budget. He further noted that the budget contained no new permanent positions, no increase in the mill levy, a lower dependence on State revenues, and a substantial cut in overtime. Notice of public hearing as published and posted by law relative to the proposed FY 84 budget 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. O'Brien noted that the Seward General Hospital Board had approved its FY 84 operating budget, adding that those figures had been plugged into the City budget. On the recommendation of the City Manager, a budget work session was scheduled for 7:00 p.m., Monday, May 16. Department Heads were instructed to appear and answer any questions which might arise concerning their individual departmental budgets. VIII. CITIZENS' DISCUSSION: (With Prior Notice Only) t-IARINA SUB/ A. Dale Clemens appeared from the audience and requested LEASES: Council permission to construct an addition on Lot 1, Block 1, Marina Subdivision for the storage of Fish House merchandise. Gillespie noted that the subject property was leased from the City by Clemens. It was moved by Wilson, seconded by Meehan and unanimously carried by all those present to accept Clemen's proposal providing that all fees, taxes and bills are up-to-date and that the addition meets all building codes. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: ORD/TAXICABS: 1. Copies having been made available for the public, Gillespie noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, AMENDING CHAPTER 20, SEWARD CITY CODE, TO ALLOW TRANSFER OF PUBLIC VEHICLE PERMITS WITH CITY COUNCIL APPROVAL, TO INCREASE INSU- RANCE REQUIREMENTS, AND TO DELETE GENDER BASED CLASSIFICATIONS. Notice of public hearing as published and posted by law 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. In response to a question from O'Brien, City Manager explained that deletion of the word "noncancelable" from Section 20-6 would solve any problem that might arise for permit holders while still protecting the City, noting that the insurer was still required to notify the City within five days in the event that the insurance policy was cancelled. Following discussion, it was moved by O'Brien, seconded by Wilson and unanimously carried by all those present to enact Ordinance No. 514, as amended to delete the word "noncancelable" from Section 20-6. ORD/CITY LIC: 2. Copies having been made available to the public, Gillespie noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, AMENDING CHAPTER 15 AND RE- PEALING AND RE-ENACTING CHAPTER 16, SEWARD CITY CODE, REGULATING PED- DLERS, SOLICITORS, ETC. Notice of public hearing as published and posted by law was noted and the public hearing was opened. PAGE 103 REGULAR MEETING - MAY 9, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) ORD/CITY LIC. (cont'd): B. Ordinances for Public Hearing and Enactment: (Cont'd) I DAVE CICH, representing the Seward Chamber of Commerce, complimented the City Attorney on the new ordinance but expressed some concern over its application to the Chamber of Commerce during holiday events such as Fourth of July and Salmon Derby. City Manager explained that the Chamber would be exempt from the provisions of the ordinance under Section 16-3. BUZZ BROWN, Homer, Alaska, representing Jehovah's Witnesses, cited case law from the U.S. Supreme Court and the U.S. District Court which stated that provisions of ordinances regulating peddlers, solicitors, etc., did not apply to Jehovah's Witnesses. He added that his presence at the meeting was made in the interest of imparting information and avoiding embarrassment to the City. City Manager and City Attorney both expressed some surprise at the position taken by the Jehovah's Witnesses. City Manager explained that the Administration had been approached by a member of the sect who had inquired about City law concerning door-to-door activities. The City Attorney had advised that a permit would be required; one had been issued, free of charge, with certain conditions; i.e. signs suggesting that the residents of a particular dwelling did not wish to be disturbed should be honored as well as a condition that care be taken not to litter the surroundings by leaving brochures on sidewalks or in mail boxes. No one else appeared from the audience in order to be heard, and the public hearing was closed. I In response to a question from Swartz, City Manager explained that the only property affected by the ordinance regulating vending or selling was City-owned property, adding that the standard of unmet needs and the standard of aesthetics would be employed in determining what type of vending would be allowed and the locations open for vending. In response to a question from Burgess, Garzini explained that anyone wishing to open a temporary business on private property would first have to meet all building, zoning and health codes relevant to the type of business initiated. City Attorney explained to O'Brien that the City would be assuming no additional liability by allowing vending on public property without requiring insurance. Following further discussion, it by O'Brien and unanimously carried by Ordinance No. 515. was moved by Meehan, seconded all those present to enact C. Resolutions: RES/CITY LIC: 1. Copies having been made available to the public, Gillespie noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SETTING FEES FOR THE SOLICITATION OF SALES OR FUNDS ON CITY PROPERTY. I It was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-18. X. UNFINISHED BUSINESS: A. May 3, 1983, memorandum from City Clerk suggesting that Council nominate Mary Huss for the Governor's Annual Volunteers Award was noted. City Manager added that he would like to add Rick Tillotson's name to the list of nominees. It was moved by Swartz, seconded by Burgess and unanimously carried by all those present to nominate Rick Tillotson and Mary Huss for the Governor's Volunteers Award. ~o .' -L '+ PAGE 104 REGULAR MEETING - MAY 9, 1983 VOLUME 20 XI. NEW BUSINESS: EQUIPMENT: A. May 2, 1983, memorandum from Finance Director Joe Gale relative to the proposed purchase of micro-filming equipment was noted. Gale explained that there had been an on-going dialog between the Finance Department, the City Clerk's Department and the Police Department concerning records storage. He added that, due to the relatively small volume of records to be copied and stored by the City, it would be more cost effective to purchase micro-filming equipment outright and complete the filming in-house than to hire an outside firm to do the filming for the City. Gale further stated that sufficient savings had been realized in the Finance Department's FY 83 budget to cover the cost of the equipment. Also noted was the fact that AVTEC and Seward General Hospital were interested in using the City's equipment to help with their own records storage problems. O'Brien suggested that a fee schedule be devised for use of the equipment by other agencies. Swartz countered that there is a lot of reciprocal work done between the various agencies within the City and that "things even out in the end". Following further discussion, it was moved by Wilson, seconded by Meehan and unanimously carried by all those present to approve the purchase of micro-filming equipment as outlined in Gale's memo. EQUIPMENT: B. April 29, 1983, memorandum from Finance Director Joe Gale relative to the proposed purchase of three computer programs from IBM was noted. Gale explained that the cost of the programs ($5100) was equivalent to approximately 2 years' rental, adding that there were funds in the FY 83 budget to cover the cost of purchasing the programs outright. Following discussion, it was moved by O'Brien, seconded by Swartz and unanimously carried by all those present to approve the expenditure of a sum not to exceed $5,100 for the purchase of the three IBM programs. PARKS & REC: C. April 26, 1983, memorandum from Parks and Recreation Director John Noble relative to the proposed purchase of equipment for Tot Lot enhancement was noted. Noble explained that the multi-level play structure recommended for purchase would replace the existing equipment now in place, adding that this equipment could no longer be maintained in a safe condition for children to play on. He also noted that the surface of the Tot Lot would be covered with wood chips to further insure the safety of our children. Following further discussion, it was moved by Burgess, seconded by Swartz and unanimously carried by all those present to approve the purchase of Tot Lot equipment as outlined in the referenced memo. PARKS & REC: E. (TAKEN OUT OF ORDER AT THE REQUEST OF THE CITY MANAGER.) May 4, 1983, memorandum from Parks and Recreation Director Noble relative to Seventh Avenue Greenbelt improvements was noted. Noble explained that the City, in an effort to assure construction by a local contractor, had approached the only supplier of concrete in town, METCO, Inc., for a bid on concrete work in the proposed picnic pavilions to be located in the Greenbelt area. He further noted that, in discussions with the City Engineer, it had been decided to add stairs to the concrete retaining wall in order to provide not only a safety feature but also an amphitheater type setting which could be used to hold outdoor concerts, public gatherings, picnics, etc. He added that trees would be planted to provide a wind screen and aesthetic enhancement. In response to a question from 0' Brien, he assured Council that camping would not be allowed in the area. Following further discussion, it was moved by O'Brien, seconded by Meehan and unanimously carried by all those present to authorize the administration to negotiate with METCO, Inc. for concrete work in an amount not to exceed $28,000. SPEC.PROJ: D. May 4, 1983, memorandum from City Engineer Dennis Dooley relative to the construction management contract negotiated with Acres Hanscomb JV was noted. Dooley stated that he had met with a representative of A/H and had negotiated costs in three areas: Fixed fee--$355,416/year Reimbursable expenses--$66,000 Mobilization--$30,OOO. While the actual cost of construction management would be higher than doing the work in-house, City Manager and City Engineer outlined the 10.') PAGE 105 REGULAR MEETING - MAY 9. 1983 VOLUME 20 XL NEW BUSINESS: (Cont'd) following advantages to hiring an outside firm: SPEC.PROJ: (Cont'd): 1. Ability to easily cycle staffing up and down as project needs change; 2. Ready availability of expertise in a variety of fields; 3. Errors and omissions insurance policy in the amount of $5,000,000; I 4. Full-time commitment to construction management by the staff of professionals hired; 5. Reputation of a nationally recognized firm which would provide professional rigor; 6. Reduction in the Engineering budget; and 7. Approximately 90% of costs generated could be charged off to the various projects. City Engineer estimated that the total cost of the construction management would be approximately $650-700 Thousand for capital projects totalling $10 Million. City Manager added that by spending a little more money at the beginning of a project, a great deal of money could be saved by avoiding litigation at its conclusion. In response to a question from Meehan, City Engineer explained that if City vehicles were available for use by the construction management team, they would be used; otherwise, new vehicles would be purchased. I Following further discussion, it was moved by Wilson, seconded by Meehan and carried as follows to approve a contract with Acres/Hanscomb for construction management in accordance with the guidelines put forth by the City Engineer: AYES: NOES: ABSENT: ABSTAIN: Burgess, Meehan, O'Brien, Swartz & Wilson None Cripps Gillespie NOTE: Gillespie abstained due to the fact that Acres/Hanscomb had approached him concerning the lease of office space. XII. CITY MANAGER REPORTS: A. utility budget session. City Manager noted that Council had been given the City's which would be discussed in detail at the May 16 work B. City Manager noted May 7, 1983, letter from Suneel Alaska Corporation stating that a contract between Suneel and Usibelli had been signed for the export of coal to Korea. I C. City Attorney briefly outlined the status of the City's current contract with Chris Berg, Inc. (CBI) for pipe piling installation, including some potential problems in meeting weight-bearing requirements at the depth expected. In response to a question from Burgess, City Engineer explained that Century/Quadra, in the design stage, had not anticipated the problems recently encountered. City Manager noted once again that, had more money been spent at the beginning of the project, some of these problems could have been avoided or at least lessened. Burgess commended the City Manager and the City Engineer for the way they had handled this situation. City Manager stated that he intended to have the new construction manager give monthly status reports to Council on current capital projects. J0t; PAGE 106 REGULAR MEETING - MAY 9, 1983 VOLUME 20 XIII. COUNCIL DISCUSSION: SWARTZ requested a status report on the Facer property located on Third Avenue. City Building Inspector Tim Pflum stated that he had only recently been able to serve an abatement order on Mr. Facer. He further noted that a relative of Facer's was in town and would be taking care of cleaning up the public nuisance violations. In response to a question from Swartz, City Manager stated that he was discussing the problem of dredging in the Small Boat Harbor with Fiske and Woodruff and was investigating the possibility of getting State funding to help with the project. He noted that he had no report on the electrical hook-up for the Ferry. Kerry Martin, responding to a question from Swartz, noted that he would have banners and other give-aways displaying the new City logo by June 1. O'BRIEN stated that his objection to Gillespie's voting on the Acres/Hanscomb contract was not an attack on Gillespie but his belief that any Councilmember should abstain when there was any possibility of a direct financial involvement. WILSON requested that the administration prepare a resolution in support of Kenai's efforts to have Alaska's oil refined in-state. BURGESS requested a status report on Spruce Creek. City Manager stated that any attempt to channel and steer a glacial stream was very expensive. City Attorney added that experts from Kellogg had stated that earlier efforts of the City might not be sufficient to protect the Sewage Treatment Plant from Spruce Creek. XIV. CITIZENS' DISCUSSION: A. Bruce Sieminski, Seward, appeared from the audience requesting information on the City's "new" policy regulating the application and issuance of building permits for commercial structures. City Engineer explained that the policies in question were not new; the City is attempting to enforce provisions of the Uniform Building Code which, until recently, were not uniformly applied. Sieminski also complained that an unlicensed plumber had been allowed to install the sprinkler system (purchased with grant money supplied by the City) at Gateway Children's Center. B. Chris Dinnan, Sixth Avenue, Seward, appeared from the audience and noted that the Ferry Terminal was in need of some very basic maintenance and repairs. He expressed special concern for the faulty electrical service in the building. In response to a question from Gillespie, City Manager stated that the City was responsible for maintenance, but the cost of completely renovating the building was prohibitive. XV. ADJOURNMENT: ~-o.'"'''~'' ',' ~~I c: \- .\johe I\>':~> ' < " ~' : ....... ~ ' was adjourned at 10:30 p.m. ~;} cnftr, J n F. Gillespie V~ce Mayor PAGE 107 REGULAR MEETING - May 23, 1983 VOLUME 20 I CALL TO ORDER: The May 23, 1983, regular meeting was called to order at 7:30 p.m. by Vice Mayor John F. Gillespie. II. OPENING CEREMONY: Councilmember Swartz led the pledge of allegiance to the flag. III. ROLL CALL: I Present were: Vice-Mayor Gillespie and Councilmembers Burgess, Meehan, O'Brien and Swartz (Absent, with Council Consent, were Mayor Cripps and Councilmember Wilson) Present also: City Manager Garzini, Assistant City Manager Schaefermeyer, Administrative Assistant Martin, City Attorney Arvidson, City Engineer Dooley, Finance Director Gale, Harbormaster Singleton, Fire Chief Gage and Deputy City Clerk Audette IV. APPROVAL OF MINUTES: carried minutes It was moved by Swartz, seconded by Burgess and unanimously by all those present to approve the May 9, 1983, regular meeting as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: I Vice-Mayor Gillespie requested that the Council hold an executive session following the regular meeting to discuss a matter of potential litigation and the City Clerk's salary request. Burgess felt the City Clerk's salary request should be discussed when the full Council and Mayor Cripps were present. It was moved by 0' Brien, seconded by Swartz, and unanimously carried by all those present to hold an executive session immediately following the regular meeting to discuss the Chris Berg claim against the City. It was moved by Meehan, seconded by Burgess and unanimously carried by all those present to approve the regular meeting agenda and the consent calendar as presented, and the following actions were taken: Reso. 1. Resolution No. 83-20, supporting approval of in-state royalty oil contracts, was approved and filed; Equip/Reso. 2. Resolution No. 83-21, authorizing sole source purchase of microfilm equipment and concrete work, was approved and filed; Daycare/Reso 3. Resolution No. 83-22, authorizing participation in the Day-Care assistance program, was approved and filed; Budg/Reso 4. Resolution No. 83-23, amending Resolution NO. 82-68, indentifying capital projects and amounts allocated to each, was approved and filed; Budg/Reso 5. Resolution No. 83-24, amending FY 83 budget by increasing revenues and appropriating additional funds to Police Travel and Subsistence, was approved and filed; I Accts Pay 6. May 4, 1983, Finance Department's list of accounts payable totalling $819,310.54, was approved for payment and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the May 17 Borough Assembly meeting. J. \J;:; Budg. Harbor PAGE 108 REGULAR MEETING - MAY 23, 1983 VOLUME 20 VII PUBLIC HEARINGS: A. Notice of Public Hearing relative to the Proposed Fiscal Year 1984 Operating Budget, as published and posted as required by law, and May 2, 1983 memorandum from City Manager Garzini were noted. Public Hearing was opened. Dave Cich, Executive Director of the Seward Chamber of Commerce, appeared from the audience and gave a brief summary on the Chamber's past and present activities with an outlook on the future. Cich stated one goal of the Chamber was to reduce their dependency on the City by selling commemorative items and developing the Salmon Derby season into a larger tourist attraction by advertising it as a Salmon Derby Festival with corresponding activities. Cich projected the Chamber could become self-supporting in three to five years. **COUNCILMEMBER WILSON ARRIVED AT 7:50 P.M. Councilmembers Swartz, O'Brien, and Meehan felt the Chamber's activities boosted Seward's economy and should be granted the matching funds requested for FY 83/84. Wilson requested quarterly reports to Council from Cich on the Chamber's accomplishments and goals. No one else appeared from the audience in order to be heard, and the public hearing was closed at 8:05 p.m. VII. CITIZENS' DISCUSSION: (With Prior Notice Only) A. CM read aloud Telegram No. 5266 regarding Duane DuCharme's offer to purchase the Jesse Lee Home property. Gillespie then asked Don Ennis, representative for Duane DuCharme, if he had any further comment. Ennis requested that this item be combined with X. Unfinished Business Item A. Jesse Lee Home. Gillespie stopped discussion at this point to be continued under X. Unfinished Business. B. Meggin Dunham, representing eighteen local non-profit organizations, appeared before Council requesting permission to have a permanent structure built in the harbor area to operate a food booth during the Salmon Derby. A May 23, 1983 letter from Meggin Dunham to Council stated that AVTEC has agreed to construct the building for only the cost of materials. Harbormaster Singleton stated the funds for materials could come out of his existing budget, the City would own the building and he could then store equipment in it during the winter months. Wilson expressed concern that the food booth would take up the space previously committed to the Skating Rink/Picnic Pavillion. The CM stated that the space requested for the structure has been historically used by non-profit organizations during the Salmon Derby and when the time came for the Picnic Pavillion site to be determined there were other areas within the Harbor area which could be considered. Burgess asked if the building could be put on a piling foundation instead of a cement slab so if in the future it needed to be moved it would easier to do so. Harbormaster Singleton stated that he would feel more comfortable with a cement slab as the equipment he had in mind for storage within the building is quite heavy. In answer to the question if official Council action was necessary for this project since the funds would by taken from the existing Harbor budget, CM stated that a Resolution would be presented for approval at the next regular Council meeting. 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, Gillespie noted by title only a proposed resolution entitled: PAGE 109 REGULAR MEETING - MAY 23, 1983 VOLUME 20 Sewer/Cont/Reso. C. Resolutions (Cont'd) I A RESOLUTION OF THE CITY COUNCIL OF CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO ELLING HALVORSON, INC. FOR EQUIPMENT AND LABOR TO COMPLETE THE REPLACEMENT OF APPROXIMATELY 150 FEET OF SEWER LINE WITHOUT FULL UTILIZATION OF THE BID PROCEDURE SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE. Gillespie also noted the May 18, 1983 memorandum from City Engineer Dooley. In response to a question from 0' Brien, CM and Assistant CM explained that the local heavy equipment contractor had not been contacted because a survey last summer had shown that the specialized equipment necessary for this particular job was not available. 0' Brien asked why the job had been completed prior to approval of Council. Dooley cited that Elling Halvorson, Inc., the company with the equipment and operator, had finished ahead of schedule on the grain elevator water line installation and was preparing to leave Seward. O'Brien asked that any future projects come before Council for approval prior to work commencement. It was moved by Meehan, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-25. 2. Copies having been made available to the public, Gillespie noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE CITY BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 1983. I In response to a question from Meehan, City Attorney Arvidson read from the City Code regarding the budget adoption timetable. Meehan then requested the budget adoption be postponed until the next regular Council meeting to be held June 13, 1983, in order to schedule another work session on the budget. O'Brien agreed. Wednesday, June 1, 1983, at 7:00 p.m. was set for a work session. Harbor/Reso 3. Copies having been made available to the public, Gillespie noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SETTING FEES FOR THE SEWARD MUNICIPAL SMALL BOAT HARBOR AND RESCINDING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH. I In response to a question from O'Brien, the CM stated the waiting list fee provision had not meant to be included in the resolution and would be deleted. Burgess questioned the necessity of the $20/month charge to permanent live-on-board residents as they were already paying the slip fees. Harbormaster Singleton stated the charge was intended to cover extra garbage, water and harbormaster building facility usage. Following further discussion, it was moved by Wilson, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-26, as amended. X. UNFINISHED BUSINESS: A. Following discussion over whether the City should continue negotiations with Dan Golden & Assoc., consider the Duane DuCharme proposal, or reject all bids and start over, Council scheduled Wednesday, May 25, 1983, at 6:30 p.m. for a work session on what exactly their direction should be. RECESS: p.m. The meeting was recessed at 9:05 p.m. and reconvened at 9:15 - - 1"\ -._.v PAGE 110 REGULAR MEETING -MAY 23, 1983 VOLUME 20 XI. NEW BUSINESS: A. May 8, 1983 claim for damage and related May 5, 1983 job invoice No. 1009 from Keith Knighten were noted. City Engineer Dooley supported his recommendation of not honoring the damage claim by stating that there were several power outages that day, May 5, 1983, and Knighten had voiced the only complaint. Also, low voltage problems originate from Chugach Electric, the City's power supplier; therefore sole negligence couldnotbeattributed to the City. Burgess stated that his understanding of the substation installation was to cure power fluctuations. After further discussion, Council decided to put this item on the next regular meeting agenda under Old Business to give City Engineer Dooley and Keith Knighten a chance to determine a solution to the low voltage problem. WaterjCont B. May 18, 1983 memorandum from City Projects Engineer, Tim Pflum, regarding Change Order Nos. 7 and 8, Marathon water supply /hydroelectric proj ect, Contract No. 228000 was noted. Upon the recommendation of the City Manager, it was moved by O'Brien, seconded by Meehan and unanimously carried by all those present to approve Change Order Nos. 7 and 8. MIC C. Memorandum from City Engineer Dooley regarding the purchase of 2000 feet of galvanized pipe piling to complete the piling installation at the Marine Industrial Center was noted. To answer O'Brien's price comparision request, Dooley stated Cordova f.o.b. Seward, to arrive Wednesday, May 26, 1983, is $60,200 while Seattle Lo.b. Seward is $61,000 with an arrival date in two weeks which would mean down time with subsequent expenses. Upon recommendation of the City Engineer, it was moved by Burgess, seconded by Wilson and unanimously carried by all those present to approve the purchase of the Cordova galvanized pipe piling. XII. CITY MANAGER REPORTS: The City Manager reported that his trip to Juneau left him with the impression that the maximum security prison site was to be decided by the State Administration, not the Legislature; thereby alleviating what might become a political issue rather than a selection based on feasibility and availability of support facilities. The City Manager also reported that he would be attending a meeting with Norm Berg May 24, 1983 along with Assistant City Manager Schaefermeyer, City Engineer Dooley, and City Attorney Arvidson to attempt a settlement of the Berg claim against the City. XII 1. COUNCIL DISCUSSION: SWARTZ requested a status report on the Ferry Terminal electrical service. City Manager stated the City has been trying to obtain a preferential moorage rate increase and an extended terminal lease. Swartz commented that the docking facility was not first rate and the lighting was poor. WILSON voiced his concern over the many small boat harbor land use requests. Gillespie suggested developing an over-all master plan for the harbor area. Swartz stated that she felt parking area placement received too much attention as Seward was "walkable" and that the land should be used for enhancement instead of parking. The City Manager reported that Administrative Assistant Martin was currently working on updating the 1979 Marine Facilities Plan in conjunction with the Seward Advisory Planning and Zoning Commission. Wilson thanked the City Manager for the resolution supporting an in-state oil refinery. MEEHAN expressed his appreciation for the opportunity to attend a legislative session. Meehan stated he found our representatives in Juneau to be hard-working and responsive to public input. PAGE 111 REGULAR MEETING - MAY 23, 1983 VOLUME 20 XIII. COUNCIL DISCUSSION: (Cont'd) BURGESS reported that he felt the May 14, 1983 meeting with the Palmer City Council and the delegation from Seward would prove productive. Burgess also reported that he had been asked by City Engineer Dooley to perform a job for the City and requested information on the proper procedure to follow in order to avoid the conflict of interest issue. Gillespie suggested a letter for the Clerk's files stating the situation would be appropriate. I XIV. CITIZENS' DISCUSSION: Don Ennis, Seward, appeared from the audience with the idea that adding a 20 by 40 foot bay to the existing Harbormaster's building instead of erecting a separate structure might have its advantages. Gillespie requested the Administration to consider this idea. XV. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. and immediately reconvened in Executive session to discuss a legal matter. 'J""UJJ/.l.J:;> ,(t'1.." .,: "'<QJ- Af', ,"'" 0~1 r"' .....; /' ~ .(C;;' "" '.:, ~" , '. '" r. 8~ " ,'0 ,.~ _. ,I r .j F. . . ') r"" k~ ",'t, ~\ 'Jv)D'~ Christy Audette' , Dep4ty City Clerk ~ ~ J (C~y Seal) jG ~ . J~j .;:., , ' /:1 _____~__------_--~~~w-------------------------------------------------- PAGE 11~~, . ,,('SPECIAL MEETING - MAY 31, 1983 VOLUME 20 .' "_"'^"'"'.j.~.U,l. I 1. CALL TO ORDER: The May 31, 1983, special meeting of the Seward City Council was called to order at 7:01 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 Gillespie, Meehan, O'Brien, Swartz and Wilson (Absent, with Council consent, was Councilmember Burgess) Present also: City Manager Garzini, Assistant City Manager Schaefermeyer and City Clerk Murphy IV. SPECIAL ITEMS: LITIGATION: A. City Manager noted that representatives of Century/Quadra CON-013, had made a second offer in settlement of the arbitration procedings now 015, 016, in progress. The first offer of $750,000 had been unacceptable to the 017 City, but the current offer was large enough to warrant Council's I consideration. It was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to meet in executive session immediately following the special meeting to discuss the Century/Quadra arbitration. JESSE LEE HOME: B. May 26, 1983, letter to Daniel J. Golden, Jr. and May 31, 1983, memorandum from City Manager relative to the proposal to purchase the Jesse Lee Home as submitted by Dan Golden and Wiley Beaux were noted. Following a short discussion, it was moved by Meehan, seconded by Swartz and unanimously carried by all those present to reject the offer and return the $20,000 deposit to Golden. " J_ J.Ll' PAGE 112 SPECIAL MEETING - MAY 31, 1983 VOLUME 20 V. CITIZENS' DISCUSSION: VI. ADJOURNMENT: The meeting was adjourned at 7:10 p.m. ~& Donald W. Cripps - Mayor ------------------------------------------------------------------------ PAGE 112 REGULAR MEETING - JUNE 13, 1983 VOLUME 20 1. CALL TO ORDER: The June 13, 1983, 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, O'Brien, Swartz and Wilson (Absent, with Council consent, was Councilmember Meehan) Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: carried meeting written. It was moved by Burgess, seconded by Wilson and unanimously by all those present to approve the May 23, 1983, regular minutes and the May 31, 1983, special meeting minutes as V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested the following additions to the regular meeting agenda: IX. ORDINANCES AND RESOLUTIONS: C. Resolutions 8. Proposed Resolution No. 83-34, amending the Seward Land Use Plan X. UNFINISHED BUSINESS: B. Council consideration of officer's decision relative Inc. claim the contracting to the Chris Berg, 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 actions were taken; G.Atty: 1. April 1983 billing from Hughes, Thorsness, Gantz, Powell and Brundin for legal services totalling $38,514.94 was approved for payment and filed; and I I I C.Clerk: Budget: TV: ORDINANCE "','1"\ PAGE 113 REGULAR MEETING - JUNE 13, 1983 VOLUME 20 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: 2. June 7, 1983, memorandum from the City Clerk relative to part-time employment of a Files Clerk in the Clerk's Department was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Representative Jonathan Sewall gave a verbal report of the Assembly meeting of June 7, 1983. VII. PUBLIC HEARINGS: A. City Manager stated that, for the first time, the administration was presenting the proposed utility budgets for Council and public review. He reminded Council that a work session with the City's rate consultants (Kennedy/Jenks) would be held at 7:00 p.m., Wednesday, June 15. Notice of public hearing as published and posted by law was noted and the public hearing on the proposed FY 84 utility budgets was opened; no one appeared from the audience in order to be heard and the public hearing was closed. Cripps noted that the public would have a second opportunity to be heard at the June 27 public hearing. VII 1. CITIZENS' DISCUSSION: (With prior notice only) A. Gene Stewart, representing Willie Communications, appeared before Council with a proposal to operate a Cable Television franchise in Seward. In response to a question from Wilson, Stewart stated that his company had been in operation for 30 years, but had only been in the State for 8 weeks. Responding to a question from Swartz, he stated that installation of the facility would create 10 jobs during the construction phase and would provide 4 full-time jobs during operation of the franchise. When asked for the administration's position, City Manager stated that he recommended renewal of Resurrection Bay Entertainment Television's joint use agreement for another year. (Ferguson's agreement for use of the City's satellite system expires July 15.) He further stated that he was reluctant to support a franchise until he was assured that the party involved intended to operate the franchise (and not sell it) and that said party had the financial resources to back such an undertaking. Cripps questioned the City's authority to grant or deny a franchise; City Attorney explained that, since the City owns and operates its own electric utility and any cable brought in would have to utilize the utility poles, real control of any cable TV operation in Seward would rest in the pole attachment agreement. He added that the question of who has the authority to grant a franchise (the City or the Alaska Public Utilities Commission) has received much debate and has not been settled. In response to O'Brien's question, City Attorney explained that the City's agreement with RBETV was not a franchise; therefore, negotiations with Stewart would present no conflict. Following further discussion, the Council directed the administration to work with Stewart on a proposal to be presented to Council for review at a later date. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Copies having been made available to the public, Cripps noted by title only a proposed ordinance which would prohibit "unnecessary acceleration", "squealing tires" and "fishtailing" within the City, entitled: 114 PAGE 114 REGULAR MEETING - JUNE 13, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) A. Ordinances for Introduction: (Cont'd) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CHAPTER 14 OF THE SEWARD CITY CODE RELATIVE TO TRAFFIC CONTROL WITHIN THE CITY OF SEWARD. Also noted was May 25, 1983, memorandum from Lt. Don Earl in support of the proposed ordinance. Following lengthy discussion as to the language and enforceability of the proposed ordinance, it was amended by inserting the following words after the phrase "within the City of Seward" in the body of the text: ...notwithstanding adverse road conditions... in order to eliminate or reduce the possibility of abuse or overzealous enforcement of the ordinance. Following further discussion, it was moved by Wilson, seconded by 0' Brien and unanimously carried by all those present to introduce proposed Ordinance No. 516, as amended. Public hearing and the vote for enactment was scheduled for the June 27, regular meeting. B. Ordinances for Public Hearing and Enactment: None C. Resolutions: C.Manager/Reso: 1. 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, SETTING THE SALARY FOR THE CITY MANAGER AND RESCIN- DING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH. Cripps noted that the contents of the resolution, setting the Manager's salary at $62,000 per year, had been the subject of discussion at a recent work session. It was moved by O'Brien, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-27, effective July 1, 1983. C. Clerk/Reso: 2. 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, SETTING THE SALARY FOR THE CITY CLERK AND RESCIN- DING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH. Cripps noted that the contents of this resolution, setting the Clerk's salary at $38,600 annually, had also been the subject of a recent work session. It was moved by O'Brien, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-28, effective July 1, 1983. Harbor /Reso: 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, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO INTERNATIONAL BUILDING SUPPLIES, INC. FOR MATERIALS TO COMPLETE A SILVER SAL- MON DERBY ACTIVITIES AND STORAGE BUILD- 11 I PAGE 115 REGULAR MEETING - JUNE 13, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cotn'd) C. Resolutions: (Cont'd) ING IN THE SEWARD SMALL BOAT HARBOR WITHOUT FULL UTILIZATION OF THE BID PRO- CEDURE SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE. I Following discussion, it was unanimously carried by all 83-29. moved by Swartz, seconded by Burgess and those present to approve Resolution No. Streets & Sidewalks/ 4. Copies having been made available to the public, Reso: Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE PURCHASE OF CONCRETE WORK FOR DOWNTOWN SIDEWALK REPAIRS WITHOUT UTILIZATION OF THE BID PROCEDURES AS SET FORTH IN SEC- TION 10-8 OF THE SEWARD CITY CODE. Also noted was June 8, 1983, memorandum from Special Projects Engineer Tim Pflum recommending approval of the resolution. City Manager stated that funds for sidewalk repair had been approved by Council. He recommended that the Public Works Department, in conjunction with METCO, Inc. (concrete suppliers) be authorized to begin patching and repair of the downtown sidewalks for an amount not-to-exceed $20,000. It was moved by Gillespie, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-30. Harbor /Reso: 5. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A REQUEST TO ASSUME THE RESPONSIBILITY FOR THE SEWARD SMALL BOAT HARBOR EXPAN- SION PROJECT. Cripps also noted June 7, 1983, memorandum from City Engineer Dooley stating that approximately $2 Million had been identified as available for development of a new Seward Small Boat Harbor capacity as a consequence of a 1978 bond sale. City Manager explained that after receiving the money from the State, the administration would research the possibility of using a small amount for minor repairs in the existing Small Boat Harbor. Following discussion, it was moved by O'Brien, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-31. Budget/Reso: 6. 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, ADOPTING THE CITY BUDGET FOR THE FISCAL YEAR BEGIN- NING JULY 1, 1983. I City Manager requested that the following changes be made in the budget as presented to Council: o Reduction in salaries to reflect 80-hours required annual leave ($52,430) o Reduce in Lieu of Taxes ($52,430) o Increase in Economic Development and Promotions expenditures to cover salary student intern ($8,500) Community costs for 11G PAGE 116 REGULAR MEETING - JUNE 13, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) o Increase revenue ($8,500). City Clerk requested that the $2,560 representing 80-hours annual leave per employee in the Clerk's Department be reinstated in the budget to cover the salary of a part-time summer files clerk. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-32 as amended to incorporate changes as suggested by the City Manager and the City Clerk. This resolution shall take effect July 1, 1983. Equipment/Reso: 7. 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, AUTHORIZING THE PURCHASE OF AN 8-YARD SANDER BOX UTILI- ZING STATE PROCUREMENT BID WITH SOUTH- PARK INDUSTRIES. Also noted was June 8, 1983, memorandum from City Engineer recommending approval of this resolution. City Manager stated that money was available in the FY 83 engineering budget to cover the cost of the sander box. Following discussion, it was moved by Wilson, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-33. Comp Plan/Reso: available resolution 8. Copies having been distributed to Council and made to the public, Cripps noted by title only a proposed entitled: A RESOLUTION APPROVING A CHANGE TO THE SEWARD LAND USE PLAN. Also noted was June 10, 1983, memorandum from the City Clerk furnishing background information relative to the proposed resolution. Assistant City Manager explained to Council that the Seward Advisory Planning and Zoning Commission had received a request as filed by John Torgeson to rezone Lot 1, Block 2, North Harbor Subdivision from Industrial (I) to Light Commercial (CL). The Commission had expanded the request to include Lot 1, Block 1, North Harbor Subdivision. Presently, the Seward Land Use Plan designates this area "Industrial"; a rezone to CL would, therefore, require an amendment to the Land Use Plan. 0' Brien stated that, while having no particular objection to this particular rezone, he was opposed to amending the Land Use Plan to accommodate the rezone of an individual piece of property. City Manager stated that the proposed change would be in keeping with present use directly opposite this parcel and would merely move the boundary line from the center of the roadway to the railroad tracks, adding that this was the more logical location for the boundary. Following discussion, it was moved by Burgess, seconded by Wilson and carried as follows to approve Resolution No. 83-34: AYES: NOES: ABSTAIN: Burgess, Cripps, O'Brien, Swartz and Wilson None Gillespie NOTE: Gillespie declared a direct financial interest in the sale of the property in question. X. UNFINISHED BUSINESS: CON-013/01S,016,0l1... City Attorney stated that he had met with the attorneys LITIGATN: for Century/Quadra and had been advised that the City would be receiving checks totalling $2 Million from C/Q within ten days and an additional $15-20 Thousand that had been advanced to the Arbitration Committee. ..., -.."""'! PAGE 117 REGULAR MEETING - JUNE 13, 1983 VOLUME 20 X. UNFINISHED BUSINESS: (Cont'd) LITIGATION/ B. City Attorney explained that Council must now make a CON-024: decision relative to Chris Berg, Inc. 's appeal of the contracting officer's decision to deny its claim against the City. He explained that, if CBI goes to litigation, the amount sought will probably exceed the $1.9 Million now asked. Following discussion, it was moved by Gillespie, seconded by Wilson and unanimously carried by all those present to uphold the contracting officer's recommendation to deny Chris Berg's claim for $1.9 Million. I RE-014: I RE-031 : I XL NEW BUSINESS: A. June 7, 1983, memorandum from Administrative Assistant Martin requesting Council approval of the concept of using a student intern to acquire the data upon which a strategic port marketing plan could be based was noted. City Manager introduced Albert Klein, the student in question, and explained that the $8,500 expenditure would save the City many thousands of dollars in consultants' fees. The Council voiced no objection to the concept. B. June 10, 1983, memorandum from Administrative Assistant Martin outlining the history of the lease of Lots 5 & 6, Block 1, Marina Subdivision, was noted. The memorandum set forth various lease violations including subletting Lot 6 without prior consent of Council, failure to meet the November, 1982 construction deadline and failure to initiate construction on Lot 5. Juris Mindenbergs, current lessee, appeared from the audience in an effort to refute the alleged violations. He stated that he had not been aware that Council consent was needed prior to subletting Lot 6. He further stated that he was unaware of any construction deadline or the necessity to construct anything on Lot 5, adding that it was his understanding that Lot 5 had been designated a parking area for the old Dinghy Restaurant. He stated that, if it was the City's wish to have Lot 5 developed, he would like the opportunity to do so. City Manager stated that the administration was opposed to a sublease with Owens Marine on the grounds that individuals should not be allowed to make money brokering the City's property. However, he would be willing to recommend negotiating a sublease to Owens Marine (Lot 6), but felt that Lot 5 should be returned to the City. On the advice of the City Attorney, Council instructed the administration to begin negotiations with Mindenbergs and Owens Marine for an acceptable sublease of Lot 6, to discuss possible development plans with Mindenbergs relative to Lot 5, and to come back to Council with a recommendation at the June 27 meeting. C. May 26, 1983, memorandum from Administrative Assistant Martin relative to lease proposals on Tract A, Block 8, Oceanview Subdivision and Lot 7, Block 1, Marina Subdivision, and his May 20 letter to Ray Evarts were noted. On June 14, 1982, Council had directed the administration to enter into lease negotiations with Evarts. Evarts had deposited with the City $6,216 (representing the first year's lease payment for the Marina Subdivision parcel) and $1,560 (representing 10% of the first year's lease payment for the Oceanview Subdivision parcel). On June 13, 1983, all options on the referenced parcels lapsed. Evarts appeared from the audience and stated that he was willing to relinquish any rights to the Marina Subdivision property, but would like a lease option extension on the other parcel. He explained that he hoped to construct a grocery store at the site but had been plagued with financing problems which he hoped to resolve shortly. On the recommendation of the City Manager, Council instructed the administration to negotiate a 90-day lease option extension with Evarts incorporating the following conditions: 1. Advance payment of lease option payment totalling 90-days' rental at Fair Market Rental Value; 2. Proof of progress in the form of a loan commitment by September 15, 1983; and 118 PAGE 118 REGULAR MEETING - JUNE 13, 1983 VOLUME 20 XI. NEW BUSINESS: (Cont'd) 3. No assignment of rights to accrue until construction has been completed. All sums collected in June 1982 were to be forfeited to the City. RECESS: The meeting was recessed at 9:08 p.m.; reconvened at 9:18 p.m. D. June 6, 1983, memorandum from City Clerk relative to annual dues for the National League of Cities was noted. Cripps noted that dues were slated to rise sharply over the next two years. O'Brien questioned the value received from membership in the NLC. Following discussion, Council directed the Clerk to let the City's membership in the NLC lapse. CON-056 E. June 10, 1983, memorandum from City Engineer Dooley relative to the award of a contract for assessment of rail corridor access to the Marine Industrial Center was noted. On the recommendation of the administration, it was moved by O'Brien, seconded by Wilson and unanimously carried by all those present to authorize the administration to negotiate and execute a contract with IECO for rail corridor access assessment for and amount not to exceed $50,000. XII. CITY MANAGER REPORTS: City Manager gave Council an update on current happenings in Juneau. Cripps voiced his concern that if the coal project with Usibelli should not materialize, the State could have great difficulties with future negotiations with Pacific Rim c~untries., City Manager suggested that Cripps call Governor Sheffield and voice his concerns. XII 1. COUNCIL DISCUSSION: SWARTZ asked for a status report on the depot building and lighting upgrade at the Ferry terminal. City Engineer Dooley stated that the City was now involved in negotiations-with the State for a new lease and added that the State seemed to be responsive to the City's concerns. He also stated that the City would be storing the lights originally slated for installation at the grain termin~l and that these would be used to upgrade the lighting at the Ferry dock. O'BRIEN asked about the status of the lease at the Car Wash. City Manager explained that the terms of the lease did not require the lessee to actually operate the Car Wash but indicated that the administration would contact the lessee to see when he would be opening for business. Gillespie suggested that all future leases contain a performance clause. WILSON inquired about the status of the maps the Borough was to furnish the Planning Commission. Administrative Assistant Martin stated that the Borough has been supplied with all maps and information necessary to complete the maps. He further stated that the Commission has been issued current zoning maps, land use maps and land use plan. CRIPPS commended Darryl Schaefermeyer for the role he played in the recent arbitration proceedings relative to the City's claim against Century/Quadra. He also asked that the administration prepare a status report on the proposed AVTEC lease. Cripps further asked that developing a long-term lease for Schaefermeyer stated that this would land was clearly vested in the City. In response to a question from Cripps regarding appraisals on City property, City Attorney explained that the City was required by law to have City-owned property appraised before disposal unless the Council finds that it is in the public interest not to sell or lease at Fair Market Value. the administration work towards the Army/Air Force Rec Camp. be considered after title to the , ~: / - \ PAGE 119 REGULAR MEETING - JUNE 13, 1983 VOLUME 20 XII 1. COUNCIL DISCUSSION: (Cont'd) Cripps reminded Council that the work session on the utility budgets was scheduled for Wednesday night at 7:00 p.m. He also informed the Council that representatives of the US Postal Service had been in town recently. The City may be receiving a new Post Office building and home delivery service. XIV. CITIZENS' DISCUSSION: I A. BOB VALDATTA appeared from the audience and expressed his concern about the route the rail access to the Marine Industrial Center might take. City Manager assured him that IECO would be evaluating all possible routes and would make its recommendation based on a comprehensive investigation of the area. Valdatta also recommended that Council put a $10 Million bond issue on the November ballot to finance a floating dock. B. C. KEITH CAMPBELL appeared from the audience and informed Council that a professional organization would be conducting a Health Facility Survey beginning July 11 to ascertain public perceptions, goals, etc. In August, the survey crew will be available for a presentation to Council and other interested groups. Campbell also asked for a status report on the shiplift. Dooley stated that installation would not be complete until 1984; bids are slated to be let in late July. XV. ADJOURNMENT: I at 10:05 p.m. f}'~~ Mayor (City PAGE 119 REGULAR MEETING - JUNE 27, 1983 VOLUME 20 1. CALL TO ORDER: The June 27, 1983, 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 and Wilson (Absent with Council consent were Councilmembers O'Brien 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 Wilson, seconded by Gillespie and carried as follows to approve the June 13, 1983, regular meeting minutes as written: AYES: ABSTAIN: Burgess, Cripps, Gillespie and Wilson Meehan ~-.~o PAGE 120 REGULAR MEETING - JUNE 27, 1983 VOLUME 20 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested that Item No. XI(B)--Chris Berg, Inc. change order--be deleted from the regular meeting agenda, and that the following item be added: IX. ORDINANCES AND RESOLUTIONS: C. Resolutions: 4. Proposed Resolution No. 83-38, the notice requirements reconstruction of the MIC north shortening for the levy. At the request of the Mayor and the City Manager, it was moved by Gillespie, seconded by Burgess and unanimously carried by all those present to meet in executive session immediately following the regular meeting in order to discuss a personnel matter. 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: C.ATTY: 1. May 1983 invoice from Hughes, Thorsness, Gantz, Powell and Brundin for legal services totalling $22,091.31 was approved for payment and filed; and FINANCE: 2. Finance Department's list of accounts payable totalling $977,310.25 was approved for payment and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Sewall gave a verbal report Borough Assembly. Borough Assembly Representative Jonathan of the June 21, 1983, regular meeting of the VII. PUBLIC HEARINGS: BUDGET: A. City Manager noted that the proposed FY 84 utilities budget which had been reviewed by Council during a June 15 work session had been further cut with the aid of Councilmember O'Brien to incorporate a mandatory 80-hour leave reduction in salaries, a one-slot reduction in the City electrical crew and a substantial reduction in overtime. Notice of Public Hearing as published and posted by law 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. Cripps stated that adoption of the utilities budget would be considered under agenda Item No. IX(C)(l). VIII. CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: TRAF.CON./ORD: 1. Cripps noted by acceleration of a Copies having been made available to the public, title only a proposed ordinance regulating rapid vehicle on City streets entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CHAPTER 14 OF THE SEWARD CITY CODE RELATIVE TO TRAFFIC CONTROL WITHIN THE CITY OF SEWARD. I I I PAGE 121 REGULAR MEETING - JUNE 27, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) B. Ordinances for Public Hearing and Enactment: (Cont'd) Notice of Public Hearing as published and posted by law 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. City Manager noted that the original ordinance as introduced had been amended by adding the following sentence: "This provision shall not apply when adverse road conditions such as ice prevent normal vehicle operation." It was moved by Meehan, seconded by Wilson and unanimously carried by all those present to enact Ordinance No. 516, amending Chapter 14 of the Seward City Code relative to traffic control, as amended. C. Resolutions: BUDGET/RES: 1. 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, ADOPTING THE CITY UTILITIES BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 1983. City Manager noted that balancing the water and sewer budgets was contingent upon subsequent rate hikes, adding that proposed new rates are to be presented to Council in July for approval. The amount of increase in these rates will determine how much the General Fund will have to subsidize these utilities in the coming Fiscal Year. Following further discussion, it was moved by Wilson, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-35. P&Z/RES: 2. 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, REQUESTING THE SEWARD ZONING ORDINANCE BE AMENDED TO ALLOW A DWELLING UNIT AS AN ACCESSORY USE IN THE CL, CG AND I ZONES. Also noted was June 23, 1983, memorandum from Assistant City Manager Schaefermeyer outlining the background for this request. Gillespie added that he had suggested that this change be made several years ago but at that time had met resistance from the Borough Planning Department. He stated that numerous requests had been received from local businessmen wishing to construct a dwelling unit as part of their business structure either as living quarters for themselves or for security reasons. He felt this was a reasonable request by the public and a reasonable use within the commercial and industrial areas. Schaefermeyer explained that the Seward Advisory Planning and Zoning Commission had recommended the change, but a formal request from the Council to the Borough Assembly was necessary before such an ordinance could be initiated at the Borough level. Following discussion, it was moved by Burgess, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 83-36. SGH/RES: 3. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: A RESOLUTION APPROPRIATING SALES TAX RECEIPTS TO SEWARD GENERAL HOSPITAL. Also noted was June 22, 1983, letter from SGH Administrator Campbell requesting the balance reflected in the sales tax fund. Keith City ~ r- <, " / -.._~ PAGE 122 REGULAR MEETING - JUNE 27, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) Manager added that moneys had been budgeted in the FY 84 budget for SGH making further appropriations by resolution unnecessary unless sales tax revenues in excess of this amount were received. In response to a question from Wilson, Campbell stated that the Legislature's failure to fund the supplemental hospital revenue sharing appropriation could cause as much as an $80 Thousand shortfall. Following further discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 83-37. MIC/RES: distributed entitled: 4. Copies having been made available to the public and to Council, Cripps noted by title only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SHORTENING PUBLIC NOTICE FOR RECONSTRUCTION OF FOURTH OF JULY CREEK NORTH LEVY. City Manager explained that, in order to protect the City's investment in the Marine Indus trial Center, it would be necessary to complete reconstruction of the north levy prior to the onset of the annual September rainy season. He added that if the bid documents were in the hands of prospective bidders by July 1, with bid opening and contract award scheduled for July 14 and 15 respectively, completion of the project could be set at September 1. In response to a question from Cripps, City Manager explained that the City Engineering Department and Acres/Hanscomb (the City's contract management firm) had notified potential bidders of the shortened time frame. City attorney, in response to concerns voiced by Gillespie, stated that, should an abnormal rain event occur in August before completion of the reconstruction, the City could again seek restitution from the project designers. Following further discussion, it was moved by Gillespie, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-38. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: C OF C: A. June 22, 1983, memorandum from the City Clerk relative to the Chamber of Commerce's request for permission to discharge fireworks during the Fourth of July celebration was noted. It was moved by Gillespie, seconded by Wilson and unanimously carried by all those present to allow the Chamber of Commerce to discharge fireworks on July 3. PARKS & REC: B. June 22, 1983, memorandum from Assistant City Manager Schaefermeyer relative to the award of a contract for the construction of a twin 18' hexagonal covered park shelter was noted. On the recommendation of Schaefermeyer, it was moved by Wilson, seconded by Meehan and unanimously carried by all those present to award the greenbelt pavillion contract to the low bidder, _Weli~ Built Homes, Inc. SUB C. June 23, 1983, memorandum from Schaefermeyer'relative to CLFSD.TWN. : a request from Bradley Snowden to vacate a portion of First Avenue south of Cliffside Townhouse Subdivision was noted. Schaefermeyer added that the Advisory Planning and Zoning Commispion had voiced no objection to the proposed vacation at its June 8 meeting-and explained that, because of the topography of the area, access to property ,beyond this point was not viable. He further stated that the only obJ~ction voiced to the vacation had been relative to a possible obstruction or' the Two Lakes I I I '1 C":("\ PAGE 123 REGULAR MEETING - JUNE 27, 1983 VOLUME 20 XI. NEW BUSINESS: (Cont'd) Trail System; the Right-of-Way does not encroach upon the existing trail. Following further discussion, it was moved by Meehan, seconded by Burgess and unanimously carried by all those present to allow the vacation of the remaining portion of First Avenue south of Cliffside Townhouse Subdivision. D. Deleted OTS: E. June 23, 1983, memorandum from Schaefermeyer relative to an existing right-of-way encroachment located at Lot 9, Block 8, Original Townsite of Seward was noted. City Manager reminded Council that the Council has historically approved the continuance of existing encroachments into City rights-of-way for the life of the encroaching structure or the loan, whichever terminates first and recommended approval in this instance. Burgess stated that he had performed a survey on the subject property one year ago but did not see that as a financial interest in the matter and would be voting. It was moved by Wilson, seconded by Meehan and unanimously carried by all those present to follow the recommendation of the City Manager and allow the existing encroachment. CON 047 & 048: F. June 23, 1983, memorandum from Schaefermeyer relative to adjusting the not-to-exceed amounts of the City's existing professional service agreements with Kellogg, Inc. was noted. Schaefermeyer explained that the City is attempting to close out its two agreements with Kellogg. The first agreement (NTE $5,000) was for construction management assistance with the Chris Berg, Inc. Phase III contract. The final cost had come to $5,032. The second agreement (NTE $4,875) was for review of Chris Berg's claims against the City; this cost was exceeded by $976. Council authorization would be required before the contracts could be terminated and the books closed out. Following discussion, it was moved by Gillespie, seconded by Burgess and unanimously carried by all those present to follow the recommendations of the administration and authorize payment of $32 and $976 to Kellogg, Inc. to conclude the two contracts. XII. CITY MANAGER REPORTS: City Manager advised Council that the City had fared quite well in Juneau, receiving funding for the electric inter-tie, Lowell Canyon Tunnel, Gateway Subdivision and the coal project. Funds had also been committed for engineering and site planning for the proposed maximum security prison, but the location had not yet been decided. XIII. COUNCIL DISCUSSION: CRIPPS related a request from O'Brien that the Benny Benson memorial be painted. XIV. CITIZENS' DISCUSSION: None XV. ADJOURNMENT: Mayor (City .., {) A " ....~----.:: PAGE 124 REGULAR MEETING - July 11, 1983 VOLUME 20 1. CALL TO ORDER: The regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice-Mayor John F. Gillespie. 11. OPENING CEREMONY: Councilmember Swartz led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Vice-Mayor Gillespie and Councilmembers Burgess, Meehan, O'Brien, Swartz, and Wilson (Absent with Council consent was Mayor Cripps) Present also: City Manager Garzini, Assistant City Manager Schaefermeyer, City Attorney Hughes, Administrative Assistant Martin, City Engineer Dooley, Finance Director Gale, Deputy City Clerk Audette Immediately following the roll call, Vice-Mayor Gillespie had the Deputy City Clerk read a Proclamation naming July 16-22, 1983, to be Seward, Nebraska Week. IV. APPROVAL OF MINUTES: It was moved by Meehan, seconded by Burgess and unanimously carried by all those present to approve the June 23, 1983, regular meeting minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested the following addition to the regular meeting agenda: IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction 1. Proposed Ordinance No. construction camps projects at the Marine 517, permitting on City Capital Industrial Center. It was moved by Wilson, seconded by Swartz and unanimously carried by all those present to approve the regular meeting agenda as amended. VI. BOROUGH ASSEMBLY REPORT: No report given. VII. PUBLIC HEARINGS: TV: A. Notice of Public Hearing relative to the proposed lease agreement with Resurrection Bay Television, Inc., as published and posted as required by law, and July ,5, 1983 memorandum from Administrative Assistant Martin were noted, City Manager recommended approval of the lease as proposed. The public hearing was opened; no one appeared from the audience in order to be heard and the public hearing was closed. RE-018: B. Notice of Public Hearing relative to the proposed lease of the "Old Depot" building and the preferential use of the Fourth Avenue Dock to the State Ferry System; June 28, 1983 memorandum from Administrative Assistant Martin; and copies of the proposed Lease and Dock License Agreement and the proposed resolution regarding the aforementioned lease were noted. City Manager recommended approval of the proposed lease as the State Ferry System finds the terms of the lease acceptable and they have been good tenants. The Public Hearing was opened. Willard Dunham, Forest Acres, appeared from the audience and explained how the east pilings used to tie up the bow lines from the , nr: PAGE 125 REGULAR MEETING - JULY 11, 1983 VOLUME 20 VII. PUBLIC HEARINGS: (Cont'd) I Ferry have worn one-third through and felt they should either be replaced or "beefed-up". City Manager and Councilmember additions to the list of needed repairs and improvements to the dock and "Old Depot" building were: lighting for the dock area, paving of the dock parking lot, reinforcing the undermined bumper pilings, and paint and rewire the depot building. During prior consultation with the Ferry Captain, City Engineer Dooley reported that he had been requested to have a red and green light system installed at either end of the dock to facilitate a safer docking procedure during dark and foggy conditions. The City Manager reported that his contact with Department of Transportation officials revealed that the Department was satisfied with the facility as is and they did not request improvements. The City Manager felt caution was in order as each repair or improvement project would cost thousands of dollars and before pursuing these projects a study should be conducted on what a new north-south dock would entail. Burgess emphasized Swartz' previous request for the Administration to inspect and estimate the cost of the various maintenance and improvement projects for the dock and Ferry building. No one else appeared from the audience in order to be heard, and the public hearing was closed . RE-018 (Cont'd): VIII. CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: I 1. Copies having been made distributed to Council, Gillespie noted ordinance entitled: available to the public and by title only a proposed AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 21-10(a) OF THE SEWARD CITY CODE. City Manager explained that this ordinance would allow temporary camps to set up at the construction site of any City capital project located at the Marine Industrial Center (MIC). The City Manager noted that if Council failed to enact this amendment, Chris Berg, Inc. will have an unfair advantage over other bidding firms for MIC projects as they already have a construction camp located on private property near MIC. Following further discussion, it was moved by Meehan, seconded by Burgess and unanimously carried by all those present to introduce proposed Ordinance No. 517. B. Ordinances for Public Hearing and Enactment: None C. Resolutions: Reso/Elec Dept.: 1. Copies having been made available to the public, Gillespie noted by title only a proposed resolution entitled: I A RESOLUTION ESTABLISHING RATES AND CHARGES FOR ELECTRIC POWER FOR THE PERIOD COMMENCING JULY 15, 1983. The City Manager noted that the City's rate consultant recommended a 5% increase to the fixed monthly fee to represent a more accurate cost of service. The energy usage fee would still be a direct reflection of what Chugach Electric charges the City. The City Manager, City Engineer, Finance Director, and Council reviewed the attachments to the resolution listing the schedule of fees and charges for existing and new facilities. It was moved by O'Brien to raise the dishonored check fee from $10.00 to $20.00; the motion died for lack of a second. It was ~~ i)f~ .1 L.. 0 PAGE 126 REGULAR MEETING - JULY 11, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) moved by Meehan, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-39. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. The Deputy Clerk explained that last December Councilmember O'Brien had asked that the replacement of the damaged and burned-out lights on the Christmas tree located on Bear Mountain be added to the agenda of the first Council meeting of the new fiscal year. The City Manager reported that the Public Works department has agreed to fix the lights on the tree. 0' Brien felt that the Public Works crew deserved recognition for this effort. Trade Board: B. July 5, 1983, memorandum from Administrative Assistant Martin relative to the International Trade and Industry Development Board Annual Report was noted. Bob Richardson, Albert Kawabe, Willard Dunham, Dale Lindsey, and Kerry Martin were in attendance to represent the Board. Richardson, Kawabe, and Dunham reported on the Board's accomplishments and on-going projects since it's conception. Richardson noted that the Trade Board had received numerous compliments on Mayor Cripps' contacts during the recent Trade Mission to the Orient. The City Manager and the Council felt that the Trade Board should be commended for their efforts and accomplishments. It was moved by Burgess, seconded by Swartz and unanimously carried by all those present to continue the existence of the Trade Board for FY 84. Con-024 C. July 8,1983 and July 11,1983 memoranda from City Engineer Dooley regarding the Marine Industrial Park Phase III contract close-out with Chris Berg, Inc. were noted. The City Manager stated that the increase in costs was necessitated by changes in pipe piling specifications. Following Council discussion, it was moved by Burgess, seconded by Wilson and unanimously carried by all those present to approve the final contract change order to increase the Chris Berg Contract by $162,391 for a final adjusted contract amount of $14,006,869.40. Contracts:-061 D. July 6, 1983, memorandum from City Engineer Dooley regarding the Fourth of July Creek Tracts survey was noted. Dooley explained to Council that this survey of the 160 acres at Fourth of July Creek was required by the Kenai Peninsula Borough before the land exchange could be finalized. Following further discussion, it was moved by O'Brien, seconded by Meehan and carried as follows to enter into negotiations with S & S Engineering, Inc. for completing the surveying and plating work based on the proposed estimated costs, with Council approval to negotiate with Alaska Land Surveys and/or Alaska Development Consultants in the event that the Engineering and Utilities Manager cannot agree on a contract favorable to the City with S & S Engineers, Inc. : AYES: NOES: ABSTAIN: Gillespie, Meehan, O'Brien, Swartz, and Wilson None Burgess NOTE: Burgess, DBA Alaska Land Surveys, declared a. direct financial interest in the survey negotiation approval. XI1. CITY MANAGER REPORTS: City Manager informed the Council that the Coal Terminal was still seriously being discussed and he would keep Council apprised of any new developments. ... ...."..... PAGE REGULAR MEETING - JULY 11, 1983 VOLUME 20 XII 1. COUNCIL DISCUSSION: I SWARTZ expressed concern over the lack of activities planned for the passengers from the Fairsea, a recent visiting tour boat. She felt Seward could learn from Fairbanks and Southeastern towns on what appeals to and attracts tourists. O'Brien agreed, and thought that any ideas could be directed to the Chamber of Commerce as they seemed to be the logical organizers of the tourism trade. Dale Lindsey, a Trade Board representative, shared the fact that the development of tourist attractions such as Exit Glacier, the University of Alaska Marine Institute, and ARR passenger service out of Seward was not in the control of Seward as funding for these proj ect came from State and Federal monies. WILSON commended the Trade Board for their accomplishments during the past year. MEEHAN also felt impressed with the Trade Board. Meehan expressed a desire to encourage any multi-station cable television companies to establish a Seward. attempts business by in In relation to an inquiry regarding power hook-up to the docked Ferry, City Engineer Dooley explained to Meehan that he had contacted the Ferry Manager, the Superintendent in Juneau, the Captain and First Mate on the Tustumena, and they all emphasized that the shore facilities were adequate. I BURGESS also felt that the Trade Board should be commended for their efforts and accomplishments this past year. Burgess asked for clarification from the City Manager on the accusations printed in the last Phoenix Log from an official of Century/Quadra. Garzini explained that the allegations concerned the cause of the delay in the bidding process for the shiplift proj ect at the Marine Industrial Center. Actually, the contract was awarded to Century/Quadra in August, 1982 with an effective date of May, 1982; the City of Seward was billed and paid from May, 1982. Century/Quadra further alleged that they had not received the construction manual from Pearlson Engineering until June 16, 1983. The City Manager explained that Century/Quadra had only to inform the City of this problem and a manual would have been promptly passed on to them. A third reason listed for the delay was the addition of a few minor changes to the bidding specifications. Consultation with several engineers revealed that the changes entailed a few extra days work at most. 0' BRIEN asked Kawabe for an estimate of the amount spent by each R & R/Provision vessel. Kawabe thought $150 to $200 hundred thousand would be a rough estimate, but wanted to emphasize that future dock usage could also be in terms of cold-storage cargo vessels which would mean development of other support facilities. XIV. CITIZENS' DISCUSSION: Dale Lindsey, 1st Ave. Seward, voiced concern over the move by Ted Stevens to ease foreign vessels out of the 200-mile limit. XV. ADJOURNMENT: I The meeting was adjourned at 9:45 p.m. G J} )~ v:.,~ V. Donald W. Cripps ~ Mayor ;' 0n -,-', '" PAGE 128 SPECIAL MEETING - JULY 19, 1983 VOLUME 20 1. CALL TO ORDER: The special meeting of the Seward City Council was called to order at 7:30 p.m. by Vice Mayor John F. Gillespie. II. OPENING CEREMONY: Councilmember Meehan led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Vice Mayor Gillespie and Councilmembers Burgess, Meehan and Swartz (Absent, with Council consent, were Mayor Cripps and Councilmembers O'Brien and Wilson) Present also: City Engineer Dooley and City Clerk Murphy IV. SPECIAL ITEM: CON-058: A. July 19, 1983, memorandum from City Engineer Dennis M. Dooley recommending the award of a contract to Copper Valley Construction, Inc. for reconstruction of the Fourth of July Creek North Levy was noted. Dooley stated that the Engineer's Estimate for the job was $1,000,008; Copper Valley's bid was $442,029. In response to questions from Council, he explained that State construction firms were "hungry", adding that the second low bid came in at only $73,000 more than Copper Valley's. Bill Toskey, representing Acres/Hanscomb, stated that all sources contacted praised Copper Valley, noting that the firm has been in business in the State for over 20 years. He also noted that Burrell/Heppner would be subcontracting the blasting and reminded Council that B/H was very familiar with the area, having worked at the site last year. Following further discussion, it was moved by Burgess, seconded by Meehan and unanimously carried by all those present to accept the bid of Copper Valley Construction for the repair of the North Levy. B. Deleted. V. CITIZENS' DISCUSSION: VI. ADJOURNMENT: adjourned at 7:36 p.m. PAGE 128 REGULAR MEETING - JULY 25, 1983 VOLUME 20 1. 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 Gillespie led the pledge of allegiance to the flag. I I I PAGE 129 REGULAR MEETING - JULY 25, 1983 VOLUME 20 II 1. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan and Swartz (Absent, with Council consent, were Councilmembers O'Brien and Wilson) Present also: Assistant City Manager Schaefermeyer, City At- torney Hughes and City Clerk Murphy APPROVAL OF MINUTES: It was moved by Swartz, seconded by Burgess and unanimously by all those present to approve the July 11, 1983, regular minutes and the July 19, 1983, special meeting minutes as APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Assistant City Manager (ACM) requested the following additions to the regular meeting agenda: IX. ORDINANCES AND RESOLUTIONS: C. Resolutions: 7. Proposed Resolution No. 83-47, requesting the Kenai Peninsula Borough to adopt a flood plain management program 8. Proposed Resolution No. 84-48, providing for an election upon a proposed amendment to the City Charter allowing the issuing of industrial bonds. XL NEW A. BUSINESS: July 22, 1983, memorandum from City Dooley relative to the waiver of qualification statement date for installation IV. carried meeting written. V. Engineer Pre-bid shiplift It was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to approve the regular meeting agenda as amended and the consent calendar as presented and the following actions were taken: 1. Resolution No. 83-40, approving the purchase of two new police vehicles, was approved and filed; C. EQUIP. /POL. DEPT./RESO: C .ATTY: FINANCE DEPT: V1. 2. June 1983, invoice from Hughes, Thorsness, Gantz, Powell and Brundin for legal services totalling $9,800.84, was approved for payment and filed. 3. July 8, 1983, Finance Department list of accounts payable totalling $1,654,457.99 was approved for payment. and filed. 4. July 12, 1983, letter from Multivisions regarding Willie Communications and cable TV was noted for iriformation and filed. 5. July 18, 1983, memorandum end unaudited expenses information and filed. from Joe Gale relative to year and revenues was noted for BOROUGH ASSEMBLY REPORT: VII. PUBLIC HEARINGS: No report given. LEASE 007: A. Kerry Martin Railroad for July 18, 1983, memorandum from Administrative Assistant relative to a proposed lease of property from the Alaska the purpose of maintaining a utility pole yard was noted. ~30 PAGE 130 REGULAR MEETING - JULY 25, 1983 VOLUME 20 VII. PUBLIC HEARINGS: (Cont'd) LEASE 007 (Cont'd): ACM stated that a public hearing was required by City Code prior to the lease of real property by the City. Notice of Public Hearing as published and posted by law 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. Cripps explained that the City proposed to lease a space for the pole yard in an effort to clean up the greenbelt area. A resolution approving the lease was scheduled for consideration at the August 8 regular meeting. SBH/OCEANVIEW SUB/ B. ACM stated that the City has been involved in discussions LOCAL ORGS: with the Seward Elks Lodge relative to their acquisition of property in the Small Boat Harbor for the construction of a new lodge. Since space in the Small Boat Harbor area is limited and given the fact that the proposed buyer is a private club not open to the general public, it was the recommendation of the administration that this issue be put before the qualified voters of the City during the October 4, 1983, regular municipal election in the form of a ballot proposition. Notice or Public Hearing as published and posted by law 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. The resolution allowing for the sale upon affirmation by a majority of those qualified voters voting in the regular election was scheduled for consideration at the August 8 regular meeting. GRANTS/FIRE DEPT/ C. ACM explained that under new federal regulations, C.EQUIP: community block grants are now administered by the State Department of Community and Regional Affairs. Upon notification from C&RA that funds were available, the City had prepared an application for funds to assist in the purchase of a new fire pumper. State regulations required a pub lic hearing and approval of a resolution (to be considered under agenda item IX(C)(2) prior to filing an application. Notice of Public Hearing as published and posted by law 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. VIII. CITIZENS' DISCUSSION: (With prior notice only) EXCHANGE PROGRAM: A. Brent Whitmore appeared from the audience and introduced the 8 exchange students present (4 from Seward and 4 from Obihiro, Japan) . He also thanked the City for its continued support of the exchange program now in its eleventh year. Each of the 4 students from Obihiro spoke in turn before Council. Following this presentation, Mayor Cripps presented each of the Japanese students with a certificate naming them "Honorary Junior Councilmembers". TV: B. Gene Stewart of Willie Communications appeared before Council and requested Council support for his efforts to provide cable TV service to Seward. He stated that the Phoenix Log had erroneously reported that he was working with Multivisions in Eagle River, adding that this was a misunderstanding of his statements of June 13. He went on to say that he is currently involved in efforts to obtain certification from APUC. ACM recommended that the City refrain from entering into any negotiations prior to certification by the APUC. He noted that the only agreement the City had authority to negotiate was one for pole use. Stewart reported that he had completed his survey of the residents of Seward and had found 85% in favor of the installation of a cable TV system. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: TRAILERS/MIC/ORD: 1. Copies having been made available to the public, Cripps noted by title only a proposed ordinance allowing the placement "" 1)- PAGE 131 REGULAR MEETING - JULY 25, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) TRAILER/MIC/ B. Ordinances for Public Hearing and Enactment: (Cont'd) ORD: (Cont'd): of construction camps on City capital projects at the Marine Industrial Center entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 21-10(a) OF THE CITY CODE. I Notice of Public Hearing as published and posted by law 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. ACM noted July 19, 1983, memorandum from City Engineer Dooley recommending enactment. It was moved by Gillespie, seconded by Burgess and unanimously carried by all those present to enact Ordinance No. 517, effective August 3, 1983. C. Resolutions: GRANTS/COMP PLAN/ 1. Copies having been made available to the public, P&Z/REsO:Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ENDORSING THE EFFORTS OF THE KENAI PENINSULA BOROUGH TO SECURE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR AN UPDATE OF THE SEWARD COMPREHENSIVE PLAN. I July 20, 1983, memorandum from Administrative Assistant Martin and July 11, 1983, memorandum from Senior KPB Planner Steve Cervantes were noted. Martin noted that the Seward Comprehensive Plan was completed in 1967 and had never been officially adopted by the City. He added that the Land Use Plan had been updated in 1979, but the entire Comprehensive Plan needed updating. It was moved by Gillespie, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-41. GRANTS/FIRE DEPT: 2. Copies having been made available to the public, RESO: Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. ACM noted that this item had been the subj ect of a public hearing earlier in the meeting. He added that the City was requesting $105,000 and would match this with $61,000 in City funds to purchase a new fire pumper for the City Fire Department. Following discussion, it was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-42. RE-032 /TV /RESO: 3. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A LEASE AGREEMENT WITH RESURRECTION BAY ENTERTAINMENT TELEVISION, INC. ACM recommended approval of the contract authorizing the lease at the current rate of $150/month. It was moved by Burgess, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 83-43. -- ;-..,....., PAGE 132 REGULAR MEETING - JULY 25, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) RE-018/FERRY/RESO: 4. Copies having been made available to Cripps noted by title only a proposed resolution entitled: the public, A RESOLUTION PROVIDING FOR THE DISPOSAL BY LEASE OF THE "OLD DEPOT" BUILDING AND PREFERENTIAL USE OF THE FOURTH AVENUE DOCK BY THE ALASKA STATE FERRY SYSTEM. ACM added that the rental amount on the depot building would remain the same at $431/month, with a 5% increase in the fee for preferential use of the dock. It was moved by Swartz, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 83-44 providing for disposal by lease of the "Old Depot" building and the preferential use of the Fourth Avenue Dock to the Alaska State Ferry System. STREETS/CON-059 /RESO: 5. 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, APPROPRIATING FUNDS FOR CONCRETE WORK FOR SIDEWALK REPAIRS WITHOUT UTILIZATION OF THE BID PROCEDURES AS SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE. ACM noted July 19, 1983, memorandum from Special Projects Engineer Tim Pflum relative to the need for additional sidewalk repair. He added that Metco, Inc., the only area supplier of concrete, would again be awarded the contract in an amount not to exceed $20,000. Following discussion, it was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-45. BONDS/RESO: 6. 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, DETERMINING TO SELL REVENUE BONDS TO PROVIDE FUNDS TO FINANCE CERTAIN FACILITIES WITHIN THE CITY. Eric Wohlforth, bond attorney for SunEel Alaska; Bill Noll, Vice President of SunEel; and Sam Florance, Vice President of First Southwest Company, appeared from the audience and briefly defined the industrial revenue bond and described the City's role should SunEel enter into a bond sale to finance its coal export operation. All three stressed the fact that the City would incur no liability. This resolution represented an "agreement to agree" and was a tool whereby SunEel could reduce the cost of financing through the issuance of tax-exempt bonds. Following discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 83-46. FLOOD CONTROL/RESO: distributed entitled: 7. Copies having been made available to the public and to Council, Cripps noted by title only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REQUESTING THE KENAI PENINSULA BOROUGH TO ADOPT A FLOOD PLAIN MANAGEMENT PROGRAM. PAGE 133 REGULAR MEETING - JULY 25, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) FLD.CONT/ RESO: (cont'd) C. Resolutions: (Cont' d) I Gillespie stated that this issue had been before the Borough Assembly in the past but had been defeated by those members of the Assembly who saw a federally subsidized flood insurance program as "another intrusion by the federal government into their lives". ACM explained that, without this program, the cost of flood insurance in designated flood plain areas was exorbitant, adding that the City was in need of flood insurance for the Sewage Treatment facility and the Marine Industrial Center but could not afford the estimated $0.45 per $100.00 insured value. Following further discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 83-47. BONDS/CHARTER/ ELEC/ distributed RESO: entitled: 8. Copies having been made available to the public and to Council, Cripps noted by title only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR AN ELECTION UPON A PROPOSED AMENDMENT TO THE CITY CHARTER ALLOWING FOR THE ISSUING OF INDUSTRIAL DEVELOPMENT BONDS. Eric Wohlforth appeared from the audience and explained to Council that the City's Charter was drafted and adopted prior to the wide scale use of industrial development bonds and therefore did not provide for the issuance of same. This charter amendment, therefore, was needed to allow the City to work with SunEel should a bond sale occur. It was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-48. I X. UNFINISHED BUSINESS: None. XI. NEW BUSINESS: C.EQUIP/PW DEPT/ A. July 19, 1983, memorandum from City Engineer Dooley BIDS: relative to his recommendation that the City solicit bids for the purchase of a new dump truck for the Public Works Department was noted. Following discussion, it was moved by Burgess, seconded by Meehan and unanimously carried by all those present to authorize the Engineering Department to seek bids from interested firms in order to purchase a dump truck for the Public Works Division. MIC/CON-060: B. July 14, 1983, memorandum from City Engineer Dennis Dooley relative to his recommendation to award a contract for rail corridor survey and mapping to Alaska Land Surveys was noted. ACM added that this proj ect was to be funded under the budget approved by the Council in June. Following discussion, it was moved by Meehan, seconded by Swartz and carried as follows to allow the City Manager to issue a purchase order in the amount of $7,500 to Alaska Land Surveys for work performed in surveying and mapping the proposed rail corridor: I AYES: NOES: ** ABSTAIN: Cripps, Gillespie, Meehan and Swartz None Burgess ** BURGESS declared a conflict of interest relative to his position as owner of Alaska Land Surveys. PURCHASING/ C. July 20, 1983, memorandum from City Engineer Dooley UTIL: relative to his request for Council approval of the purchase of additional utility poles was noted. ACM added that, upon approval, a resolution would be prepared for the August 8 meeting authorizing the purchase of the poles without going to public bid. Following <; (> " 1.04 PAGE 134 REGULAR MEETING - JULY 25, 1983 VOLUME 20 XI. NEW BUSINESS: (Cont'd) discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to authorize the City Manager to purchase cedar utility poles and associated crossarms from McFarland Cascade at a price not to exceed $43,000. MIC: D. July 22, 1983, memorandum from City Engineer Dennis Dooley; July 22, 1983, letter from Acres/Hanscomb; and July 19, 1983, letter from VECO, Inc. were noted. City Attorney briefly outlined the background for the requested waiver of the pre-bid qualification date stating that a clerical error on the part of Acres/Hanscomb had eliminated one of the qualified prospective bidders (C.T. Main). The administration had, therefore, determined ,that the b.est remedy was to extend the bid-opening date and the pre-bid qualifying date to Friday, July 29. The effect of this would be to allow two previously disqualified bidders--VECO and Riedel--to submit bids. '~ollowing further discussion, it was moved by Gillespie, seconded by Burgess and unanimously carried by all those present to approve modification to the date of pre-bid qualification statement requirement to a requirement that such statement be presented prior to bid opening. XII. CITY MANAGER REPORTS: Schaefermeyer informed Council that the City Manager's daughter had been medivaced to Anchorage as the result of an asthma "attack" earlier in the day. Schaefermeyer noted that copies of the approved had been provided Council. He also reminded Council of ceremonies scheduled for Saturday at 12:00 noon at Pavilion. FY 1984 budget the dedication the Greenbelt XIII. COUNCIL DISCUSSION: GILLESPIE asked Schaefermeyer to have the light pole at Third and Adams inspected--a citizen had reported that it was out of order. Gillespie also asked if the City would once again coordinate paving for the private sector with the contractor in town to pave the airport runway. BURGESS asked about the status of the new City logo. Martin explained that envelopes and letterhead stationery were available as well as logos for City vehicles. Lapel pins should be available in the near future. Burgess also asked that some steps be taken to prohibit RV parking in the downtown area. Police Chief Bencardino stated that Public Works Foreman Albertson had ordered signs to be posted. CRIPPS reported on his trip to Fairbanks to attend the Alaska Railroad's 60th anniversary celebration. He also reported that he had learned that there were many seats on various boards and commissions still to be filled by the Sheffield Administration and asked Council to be thinking about possible nominations. XIV. CITIZENS' DISCUSSION: A. Willard Dunham, Forest Acres, Seward, appeared from the audience and suggested that the City had a vehicle for making nominations through Ray Gillespie and further suggested that the City consider members of the Chamber when making these nominations. Dunham also reminded Council that no decision has yet been made on the selection of a site for the maximum security prison and added that there should be some movement from the City to show the State that we are still interested. B. Beverly Dunham, Forest Acres, Seward, appeared from the audience and suggested that the City coordinate with other cities that might benefit from the transfer of the Alaska Railroad to the State so that a lobbying effort could be initiated. ..'"'~ , , PAGE 135 REGULAR MEETING - JULY 25, 1983 VOLUME 20 XIV. CITIZENS' DISCUSSION: (Cont'd) C. Kerry Martin appeared from the audience and reported that the visit from representatives of Seward, Nebraska had been a success. He further noted that the residents of Seward, Alaska had been invited to visit Nebraska next year. xv. at 9:45 p.m. I {2AJe Donald W. Cripps - Mayor 1. 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 Wilson led the pledge of allegiance to the flag. III. ROLL CALL: I Present were: Mayor Cripps and Councilmembers Burgess, Meehan and Wilson (Absent, with Council consent, were Councilmembers Gillespie, O'Brien and Swartz) Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: carried meeting It was moved by Burgess, seconded by Meehan and unanimously by all those present to approve the July 25, 1983, regular minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested the following addition to the regular meeting agenda: XI. NEW BUSINESS: C. August 5, 1983, letter from Seward Chapel requesting an extension of time for the use of its present school facility pending completion of a new structure I It was moved by Meehan, 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: RESO/PURCH: 1. Resolution No. 83-49, authorizing the purchase of utility poles, was approved and filed; RESO/PURCH/EQUIP: 2. Resolution No. 83-50, authorizing the purchase of a pickup truck for the Harbor Department, was approved and filed; 136 PAGE 136 REGULAR MEETING - AUGUST 8, 1983 VOLUME 20 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: 3. August 2, 1983, letter from SLAC reviewing the State Day Care Assistance program for Seward for FY 83, was noted for information and filed; and 4. July 29, 1983, letter from thanking the Council for information and filed. Bill Noll, Suneel Alaska Corp, its support, was noted for VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the Assembly meeting of August 2, 1983. VII. PUBLIC HEARINGS: JESSE LEE/PH: A. relative to Addition No. hearing was Notice of public hearing as posted and published by law the proposed disposal of Jesse Lee Heights Subdivision 1, containing the Jesse Lee Home, was noted and the public opened. WILL ROWLEY, 7200 Winchester, Anchorage, appeared from the audience and spoke in opposition to splitting the Jesse Lee property into two separate parcels. City Manager explained the administrative reasons for doing so, emphasizing the fact that marketability of the property was improved by breaking it into 3 smaller parcels. No one else appeared from the audience in order to be heard, and the public hearing was closed. VII 1. CITIZENS' DISCUSSION: (With prior notice only) SISTER CITY: A. Bob Richardson appeared from the audience and officially presented to the City the award from Sister Cities International for the best single project for cities with a population of less than 50,000. The project highlighted was the Band and Chorus trip to Obihiro in the summer of 1982. Cripps noted that the exchange program between Obihiro and the City of Seward had been in existence for 12 years, adding that Richardson and Brent Whitmore deserved recognition for making the program a success. IBEW: B. Russell Snell, Shop Stewart for the local IBEW employees, appeared from the audience and presented Council, the Administration and the press with a breakdown of wages paid to five utilities around the state showing Seward IBEW employees as the lowest paid of the five. He stated that he wished to dispel the rumor that they were the highest paid utility in the State. [See XII(A).] IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None. B. Ordinances for Public Hearing and Enactment: None. C. Resolutions: RESO/ELECT/BPOE/ OCNVW Cripps noted SUB: 1. Copies having been made available to the public, by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE SOLE SOURCE SALE OF A PARCEL OF LAND TO THE SEWARD ELKS LODGE. PAGE 137 REGULAR MEETING - AUGUST 8, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) Schaefermeyer noted that approval of this resolution would place before the qualified electors of the City the question of whether a 16,000 square foot parcel of land located in the Small Boat Harbor (a portion of Block 6, Oceanview Subdivision) should be sole sourced to the Seward Elks Lodge for the purpose of constructing and operating a new lodge facility. I City Manager requested an amendment to Section 5 of the resolution, changing the question to read as follows: "Shall the City of Seward, Alaska, finalize the sale at fair market value of the following described real property to the Seward Elks Lodge No. 177 3 (as negotiated by the City Manager)?" [NOTE: Underlined portion added; portion in parentheses deleted.] In response to questions from Wilson, City Manager explained that the property had been appraised and that the sale, if approved by the voters, would be based on the fair market value affixed to the property by the Appraisal Company of Alaska. He further stated that, since the Elks is a private club, a sale would be simpler and less likely to cause legal problems for the City than a lease. Following further discussion, it was moved by Meehan, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-51 as amended. RESO/ARR/LEASE: 2. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: I A RESOLUTION OF AUTHORIZING THE LEASE OF PROPERTY FROM THE ALASKA RAILROAD FOR THE MAINTENANCE OF A UTILITY POLE YARD. Also noted was a July 18, 1983, memorandum from Administrative Assistant Kerry Martin recommending Council approval of the resolution. City Manager informed Council that the poles had already been moved from the Greenbelt area to the proposed new site. In response to a question from Burgess, he stated that the final lease price of $2,OOO/annually was still under negotiation, adding that he hoped to get a better deal for the City. It was moved by Wilson, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-52. JESSE LEE/RESO: 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, AUTHORIZING THE INITIATION OF THE PUBLIC BID PROCESS FOR THE DISPOSAL OF THE JESSE LEE HOME PROPERTY. I Also noted was an August 3, 1983, memorandum from Martin recommending Council approval of the proposed resolution. Martin further noted that the parcel had actually been divided into four parcels, the fourth being a right-of-way encroachment for access to the Gateway Subdivision. City Manager explained that the structure located on the property had fallen into a state of disrepair and was now a detriment to the property, adding that it was becoming an increased burden and insurance liability to the City. In response to a question from Burgess regarding a possible conflict of interest, City Attorney stated that since the replat of the property would be necessary whether the sale of the property actually takes place or not, he could vote on the question at hand. Following further discussion, it was moved by Wilson, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 83-53. ~ ~ n -1uO PAGE 138 REGULAR MEETING - AUGUST 8, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) RESO/NORTH HARBOR SUB/ 4. Copies having been made available to the public, RE-043: Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THAT SOLE SOURCE LEASE PROCEEDINGS BE INITIATED FOR A PORTION OF TRACT A, NORTH HARBOR SUBDIVISION, TO MR. JIM PRUITT FOR THE PURPOSE OF MAINTAINING AND OPERATING A SELF-SERVICE GAS STATION AND CAR WASH. Also noted was an August 3, 1983, memorandum from Martin recommending approval of the proposed resolution. Martin further explained to Council the history of the proposed lease of additional property to the north and west of Pruitt's current leasehold. He noted that, while the car wash was profitable when open, it could not support the presence of an attendant to guard against vandalism. With the addition of a self-service gas station adjacent to the car wash, an attendant would be warranted. Martin also noted that the property in question had previously been identified in the Small Boat Harbor Master Plan--now ready to be presented to the Planning and Zoning Advisory Commission and then to Council--as an area that should be made available for private development. Following further discussion, it was moved by Meehan, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-54. RESO/P&R: 5. 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, APPROPRIATING FUNDS FOR THE RENOVATION OF AN OFFICE AND STORAGE FACILITY FOR THE PARKS AND RECREATION DEPARTMENT. Also noted was a July 25, 1983, memorandum from Parks and Recreation Director John Noble recommending approval of the proposed resolution. City Manager also recommended approval, stressing the need to provide a centralized location for the parks and recreation staff and equipment. He added that, for very little money, the warehouse in question--which had been acquired when the army recreation camp was deeded to the City--could be restored to make a safe and usable facility. In response to a question from Wilson, City Manager explained that the $20,000 requested would come from the City's fund balance which is made up of surplus funds not spent in previous years. Following further discussion, it was moved by Burgess, seconded by Wilson and unanimously carried by all those present to approve Resolution No. 83-55. X. UNFINISHED BUSINESS: RE 014: A. July 31, 1983, memorandum from Administrative Assistant Kerry Martin relative to Juris Mindenbergs' lease of Lots 5-6, Block 1, Marina Subdivision, was noted. Martin indicated that Mindenbergs was amenable to splitting the lease of the lots into two separate leases and further was willing to develop and construct a business on Lot 5 prior to September, 1984. Following further discussion, it was moved by Burgess, seconded by Meehan and unanimously carried by all those present to approve the administration's recommended course of action relative to Mindenbergs' lease of property as follows: 1. Assume that all off-street parking requirements for the Small Boat Harbor area are satisfied by the public parking available in that area, thus relieving Mindenbergs of having to maintain Lot 5 for parking; ..,,,,", , . PAGE 139 REGULAR MEETING - AUGUST 8, 1983 VOLUME 20 X. UNFINISHED BUSINESS: (Cont'd) 2. Separate the lease of Lots 5 and 6 into two separate leases, each with an original lease date of April 26, 1971, and with the per square foot rental rate established by the appraisal of said property dated February 4, 1981; 3. Allow the negotiation of a sublease agreement between Mindenbergs and Owen Marine Corp for the use of Lot 6, since this particular business use is consistent with the needs of the harbor users; and I 4. Set September 1, 1984, as the deadline for the development and completed construction of a business consistent with the needs of the harbor area on Lot 5. In the event this deadline is not met, the property is to automatically revert back to the City. XI. NEW BUSINESS: LITIGATION & A. August 2, 1983, memorandum from Assistant City Manager CLAIMS: Schaefermeyer relative to a claim for damages as filed by Ian Leary was noted. Schaefermeyer stated that on June 10, 1983, a City road grader had backed into a 1967 Pontiac LeMans driven by Leary. Leary had subsequently filed a claim for damages to his vehicle in the amount of $1107.50. Schaefermeyer recommended that the City settle the claim by paying Leary $700 (the Blue Book value of the vehicle) and allowing him to retain ownership of the car. Following discussion, it was moved by Meehan, seconded by Wilson and unanimously carried by all those present to follow the administration's recommendation and pay Mr. Leary $700 upon receipt of a signed release of claim. I MIC/cON-062: B. August 3, 1983, memorandum from City Engineer/Utilities Manager Dennis M. Dooley and attached August 3, 1983, letter from William M. Toskey, Program Manager for Acres/Hanscomb, was noted. Dooley stated that bids for installation of the shiplift had been opened publicly at 3:00 p.m. on July 29, 1983. The basic low bidder was Crowley Constructors, Inc. with a bid of $4.726 Million. A review of Crowley's bid found it to be in general accordance and conformity with the bid documents with the exception of a properly executed bid bond. Dooley recommended that Council award the installation of the shiplift to Crowley upon receipt of a properly executed bid bond and that the total project budget be set at $5.5 Million. Toskey noted that A/H had investigated the three low bidders, and he added his firm's recommendation that the award be made to Crowley. Following further discussion, it was moved by Meehan, seconded by Burgess and unanimously carried by all those present to follow the administration's recommendation and award the contract for installation of the shiplift to Crowley Constructors, Inc. and that the total project budget be established at $5.5 Million. I LITIGATION: C. August 5, 1983, letter from Dennis Murphy, Seward Chapel, requesting a time extension for the continued use of the church as a school facility pending completion of a new facility on Nash Road was noted. City Manager reminded Council that Seward Chapel had been ordered by the Council to discontinue the use of the church located in Forest Acres as a school at the end of the 82/83 school year. The administration had no objection to allowing an extension of the vacation date since the church had made a good faith effort to establish a school in another location. Cripps, with the consent of Council, instructed the administration to extend the deadline for removal of the school until February 28, 1984. XII. CITY MANAGER REPORTS: A. City Manager stated that he wished to clear the record relative to the status of the IBEW members employed by the City's electric utility. According to the City's records, Seward's utility employees are the second highest paid in the State, ranking behind 140 PAGE 140 REGULAR MEETING - AUGUST 8, 1983 VOLUME 20 XII. CITY MANAGER REPORTS: (Cont'd) Chugach Electric. He further noted that the lowest paid IBEW employee on the City payroll for calendar year 1982 cost the City $90,000, and had a gross income (excluding benefits) of $64,900. B. City Manager noted that Department of Transportation (DOT) had been unable to get a TORA to the administration for presentation to Council and added that it would probably be necessary to call a special meeting to approve the TORA upon receipt of same and to authorize Acres/Hanscomb to proceed with acquiring a design contract. C. City Attorney informed Council that he would cross claim against Century/Quadra for reimbursement of awarded to Chris Berg, Inc. in their $2 Million plus suit City. be filing a any monies against the XIII. COUNCIL DISCUSSION: WILSON asked about the status of the Master Plan for the Small Boat Harbor area. Martin explained that it would be presented to the Planning and Zoning Advisory Commission at its regular meeting of August 11 for review and would be presented to Council at the next regular meeting. MEEHAN had several questions concerning Snell's presentation to Council. In reply, City Manager stated that the City was following the IBEW negotiated contract to the letter. Schaefermeyer stated that the median income for the Seward area was $18,000, well below the annual income of the lowest paid IBEW employee. In response to Meehan's question about recent activity in the Boat Harbor, City Engineer stated that representatives of Suneel had been conducting some geo-technical assessments in the area to be dredged for the coal-loading facility. Meehan complimented the Parks and Recreation Department and Wells-Built Homes on the pavilion, adding that it was a great addition to the greenbelt area. BURGESS added his compliments to those responsible for the pavilion. CRIPPS read a letter from the Trade Board recognizing Kerry Martin for his many contributions to the community through his work with the Board. Cripps also noted that he had attended the August 8 Trade Board meeting and had learned that 16 vessels carrying 9 million pounds of fish had docked in Seward in the month of July. He commended the Trade Board for its accomplishments. XIV. CITIZENS' DISCUSSION: No one appeared from the audience in order to be heard. XV. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. .J . ,R1.er "- . ,,\.-, ~ &5;i~~' Seal) . 3 : - t ' , ,", . 10.", - . .. \i:~':'~ ,,) '_.~ I ~ I , \ J .1 ' Q~ fJi,. Donald W. Cripp Mayor PAGE 141 REGULAR MEETING - AUGUST 22, 1983 VOLUME 20 1. 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 Wilson led the pledge of allegiance to the flag. III. ROLL CALL: I Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan, O'Brien and Wilson (Absent, with Council consent, was Councilmember Swartz) Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: carried meeting It was moved by Meehan, seconded by Burgess and unanimously by all those present to approve the August 8, 1983, regular minutes 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 contractual matter and potential litigation. Cripps requested the addition of a personnel matter to the executive session agenda. It was moved by O'Brien, seconded by Burgess and unanimously carried by all those present to meet in Executive Session immediately following the regular meeting. I There being no requested changes to the agenda, it was moved by Wilson, seconded by Meehan and unanimously carried by all those present to approve the regular meeting agenda and the consent calendar as presented, and the following actions were taken: FINANCE DEPT: 1. August 3, 1983, Finance Department's list of accounts payable totalling $738,444.93, was approved for payment and filed; RESO/GRANTS/ ELEC. DEPT: 2. Resolution No. 83-56, accepting a grant for the electric intertie, was approved and filed; RESO/GRANTS/ FLOOD CONTROL: 3. Resolution No. 83-57, accepting a grant for Lowell Creek Storm Sewer Repair, was approved and filed; RESO/GRANTS/ SENIOR CIT: 4. Resolution No. 83-58, accepting a grant for a senior citizens bus, was approved and filed; RESO/GRANTS/ FIRE DEPT: 5. Resolution No. 83-59, accepting a matching grant under the Federal RCFP program, was approved and filed; 6. August 16, 1983, Public Notice relative to a revision of the Nash Road Harbor plan was noted for information and filed; and 7. August 12, 1983, letter from Seward Chapel thanking Council for granting the church's request to extend the time frame for moving the school facility was noted for information and filed. I VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the Assembly meeting of August 16. ~4"" 1 L, PAGE 142 REGULAR MEETING - AUGUST 22, 1983 VOLUME 20 VII. PUBLIC HEARINGS: RE-043 : A. Administrative Assistant Kerry Martin briefly outlined the background relative to Jim Pruitt's request for a lease expansion to include approximately 16,000 square feet of City property located adj acent to the site of his current lease (the Gateway Car Wash) and described as a portion of Tract A, North Harbor Subdivision. He explained that the addition of a self service gas station would not only conform to the new Small Boat Harbor plan, but would bring in enough additional business to warrant hiring an attendant to guard against vandalism on the premises. Notice of Public Hearing as published and posted by law was noted and the public hearing on disposal of this property to Mr. Pruitt was opened; no one appeared from the audience in order to be heard, and the public hearing was closed. LAUBNER SUB: B. Administrative Assistant Martin reported that Bernie Hulm was the owner of a parcel of land located in the Laubner Subdivision on the cliff overlooking the lagoon. Martin added that Hulm was requesting access to his property as the platted access had been lost with the vacation of First Avenue. Two routes were available--up the alley and through the Two Lakes Trail or down Vista Avenue. Martin recommended that the City agree to a right-of-way (ROW) through the alley contingent upon Hulm providing a mapped survey showing the exact route. Notice of Public Hearing as published and posted by law was noted and the public hearing was opened. RUTH MCHENRY, 510 First Avenue, appeared from the audience and spoke in favor of granting the requested ROW but asked that the City also consider any possible future ROW problems at this time in an effort to avert further loss of City property. No one else appeared from the audience in order to be heard and the public hearing was closed. 0' Brien explained for the record that First Avenue had been vacated at his request, adding that the vacated land was not usable as an access. He went on to say that he had dedicated 20' of his property to make the alley a 40-foot accessway. VII 1. CITIZENS' DISCUSSION: (With prior notice only) A. Ron DeTerra appeared from the audience and asked Council to intercede in his efforts to have a utility pole located on his property moved to a site closer to the street. City Manager explained that he was scheduled to meet with DeTerra and his wife on Tuesday when they would discuss a possible time table for accomplishing the move. He indicated that the move was a major one involving 3 or 4 poles and that the City had not wanted to attempt such a maj or proj ect until the Borough furnished the City a copy of the proposed road alignment for that area. Since this document was now in hand, the City was prepared to take steps to correct the situation. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: ORD/UTILITIES: 1. Copies having been made available to the public, Cripps noted by title only a proposed ordinance which would increase the time span for holding utility deposits from one to five years, entitled: AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 22.10.030 OF THE SEWARD CITY CODE. Finance Director Joe Gale appeared from the audience and recommended introduction of the proposed ordinance stating that this. change should have the effect of lessening the City's bad debt losses. Following discussion, it was moved by Gillespie, seconded by Wilson. and carried as follows to introduce proposed Ordinance No. 518: -: I " PAGE 143 REGULAR MEETING - AUGUST 22, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) A. Ordinances for Introduction: (Cont'd) AYES: NOES: Burgess, Cripps, Gillespie, Meehan and Wilson O'Brien B. Ordinances for Public Hearing and Enactment: C. Resolutions: I RESO/GATEWAY SUB: 1. Copies having been made available to Cripps noted by title only a proposed resolution entitled: the public, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS FROM THE GENERAL FUND-FUND BALANCE TO THE GATEWAY SUBDIVISION ACCOUNT 225. City Manager explained that the City did not intend to mothball the Gateway Subdivision project. He noted that the paperwork would continue, but with recent funding cuts from the State, it was not economically feasible to continue with improvements to the area. He added that the administration would apply for water and sewer grants for the subdivision again next year. The real effect of this resolution would be to close out the project on the City's books until such time as development is warranted. Following further discussion, it was moved by O'Brien, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 83-60. RESO/GRANTS/COAL: 2. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A REQUEST TO ASSUME RESPONSIBILITY FOR DESIGN OF THE SEWARD COAL LOADING FACILITY. City Manager noted that he had distributed to Council and made available to the public a proposed substitute resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE ADMINISTRATION TO ENTER INTO A TORA FOR THE DESIGN AND CONSTRUCTION OF A COAL LOADING FACILITY. I City Manager further recommended that the substitute resolution be approved after deleting Section 2(e). He added that Dan Casey of Department of Transportation and Public Facilities (DOT/PF) had stated that a contract with Peratrovitch & Nottingham for the design of the coal facility had been signed, eliminating the need for Section 2(e). City Manager further stated that the proper ownership of the facility was with the City of Seward and that the City was in a good position to own, operate, maintain and market it. Cripps read a prepared text favoring the completion of the proj ect but obj ecting to the City's continued involvement if the City was required to assume any liability. In response to a question from Meehan, City Manager explained that Sun Eel would be assuming all operating and maintenance expense through the tariff charged for use of the facility. Following further discussion, it was moved by Gillespie and seconded by Burgess to approve Resolution No. 83-61, deleting Section 2(e). It was then moved by Wilson, seconded by Meehan and unanimously carried by all those present to further amend the resolution by changing Section 2(c) to read as follows: The City will not be responsible for project cost overruns, but will coordinate all cos ts with the Department, the Alaska Railroad and Sun Eel Alaska :44 PAGE 144 REGULAR MEETING - AUGUST 22, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) Corporation, and the City will, with the assistance of the Department, work with the Governor and Legislature to obtain any additional funds that may be necessary to complete the facility. The main question was called, and the Council 'voted "'unanimously to approve Resolution No. 83-61. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: None XII. CITY MANAGER REPORTS: Garzini stated that Chugach Electric Association's latest rate hike (a result of the APUC's rate study findings) would be contested by the City. In response to a question from 0' Brien, he noted that the City would be joining with other wholesale customers in their protest of the new rate structure. XIII. COUNCIL DISCUSSION: WILSON questioned the necessity of keeping the gate" to the Marine Industrial Center locked. City Engineer Dooley stated that the gate was locked in an attempt to keep out vandals and to protect people from themselves. He noted that the ship lift cells are still uncapped and could pose a danger to both children and adults. City Manager suggested that the City could conduct open house tours of the site if members of the community wished to view the facility. O'Brien reminded Wilson that he could contact City Hall anytime he wished to gain access to the site. Wilson also commended Kerry Martin on the City's new logo. He noted once again that the new pavilion was receiving much use and suggested that the City consider building another one near the ball diamonds. In response to a question concerning the ballot proposition relative to the sale of property to the Elks Lodge, City Manager stated that the City Attorney was preparing a one-page summary which would be available in the Clerk's office 30 days prior to the election. BURGESS commended the Parks and Recreation Department on the pavilion and the recent upgrading of the tot lot. CRIPPS noted an August 8, 1983, letter he had received from Festival Fairbanks '84 which stated that, should the City wish to participate in a planned television special highlighting the 25th anniversary of Alaska Statehood, the administration needs to contact this organization soon. O'Brien suggested that the administration be instructed to come up with a response. Meehan noted that a Citizens Committee had been formed a couple of years ago to prepare for this event. XIV. CITIZENS' DISCUSSION: A. Ben Suddath, Seward Small Boat Harbor, appeared from the audience and asked that the City show some consideration to him when assessing his moorage fees. He contended that his boats had been moved from a well lighted area to a dark area near the impound lot. He stated that since the move, he had suffered considerable loss of property to vandals. He asked that sufficient lighting be provided to help alleviate this problem in the future. I I I l-L,) PAGE 145 REGULAR MEETING - AUGUST 22, 1983 VOLUME 20 XV. ADJOURNMENT: The meeting was adjourned at 8:50 p.m.; recess, the Council reconvened in Executive Session litigation ~d-k~nel matter. '\>-' ~,. ., .: -,. 'p .' ~<~.7 .. " "r';:., , ;''A' ,,")? "., -' ..... , ,(~. ',..I;,; and, after a short to discuss potential Q~~- Don~. Cripps ~ Mayor (City )r ,< ---------------------------------------------- PAGE 145 REGULAR MEETING - SEPTEMBER 12, 1983 VOLUME 20 I. CALL TO ORDER: The September 12, 1983, 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. II I. ROLL CALL: Present were: Mayor Cripps, and Councilmembers Burgess, Gillespie, Meehan, O'Brien, Swartz and Wilson Present also: Garzini, Assistant City Manager City Attorney Arvidson and City City Manager Schaefermeyer, Clerk Murphy IV. APPROVAL OF MINUTES: carried written. It was moved by Gillespie, seconded by Wilson and unanimously to approve the August 22, 1983, regular meeting minutes as V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested the following additions to the regular meeting agenda: IX. ORDINANCES AND RESOLUTIONS: C. Resolutions: 7. Proposed Resolutions No. 83-68 and 83-69, appropriating the money for and approving the purchase of a dump truck for the Public Works Department 8. Proposed Resolution No. 83-70, appropri- ating funds for the purchase of additional insurance for City-owned equipment and property XL NEW G. BUSINESS: Time and Utilities materials for Electric contract City Manager also requested that the memorandum and request for approval of the purchase of additional City insurance found under agenda item XI(A) be considered under agenda addition IX(C) (8). It was moved by Burgess, 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: C.ATTY: 1. July, 1983, invoice from Hughes, Thorsness, Gantz, Powell and Brundin for legal services totalling $11,489.05, was approved for payment and filed; ]4-G PAGE 146 REGULAR MEETING - SEPTEMBER 12, 1983 VOLUME 20 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: 2. September 6, 1983, memorandum from the Assistant City Manager noticing of pending disposal by the State of .361 acres of land west of the Cliff Addition to Morris Porter was filed without comment; and 3. August 24, 1983, letter from IBEW Local 1547 noticing its desire to enter into negotiations to amend its agreement with the City was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Cripps noted that Kenai Peninsula Borough Assembly Representa- tive Jonathan Sewall would be arriving later in the evening to give his report. (See Page 147.) SPECIAL ITEM: JLH SUB: The City Clerk opened and the Mayor read aloud sealed bids which had been received relative to the proposed disposal of three tracts of land in the Jesse Lee Heights Subdivision Addition No.1. TRACT 2 **1. JEAN VON DOHRMANN $63,200.00 TRACT 3 **1. 2. M & I PARTNERSHIP (Frank Irick) JURIS MINDENBERGS AND RICHARD BOYLE GOLDEN ENTERPRISES $187,500.00 3. 166,786.00 162,500.00 Each bid opened contained a cashiers check representing 10% of the amount bid made payable to the City of Seward. Cripps declared Von Dohrmann the apparent high bidder for Tract No. 2 and M & I Partnership the apparent high bidder on Tract No.3. VII. PUBLIC HEARINGS: JLH SUB: A. City Manager recommended that the Council accept the high bids received on Tracts 2 and 3 and that the City retain Tract 4. Notice of Public Hearing as published and posted by law was noted and the public hearing relative to the disposal of Tracts 2 and 3, Jesse Lee Heights Subdivision Addition No.1, was opened; no one appeared from the audience in order to be heard and the public hearing was closed. Resolutions approving the actual sale documents were slated for intro- duction and vote for approval at the September 26, 1983, regular meeting. SCHOOLS(AVTEC): B. September 7, 1983, memorandum from Kerry Martin outlining the history of the proposed dedication of the First Lake property to Alaska Vocational Technical Center (AVTEC) was noted. Martin explained that the City had been working with AVTEC and various concerned citizens for the past year in an attempt to meet the need for continued use of the area as a public park and yet allow AVTEC the room it needs to expand. City Manager noted that the Quit Claim Deed which would trans- fer the property to AVTEC contains a clause which states that AVTEC must "preserve the natural beauty of the property and must guarantee public pedestrian access to the property". Notice of Public Hearing as published and posted by law was noted and the public hearing was opened. RUTH MCHENRY, 510 First Avenue, appeared from the audi- ence and distributed to the Council and the Administration a letter she had received from the Department of Education and a memorandum on the "Value of Parks and Recreation Land". McHenry stated that, while she was not opposed to AVTEC's expansion, she was concerned about preserving the quality of life in Seward. She suggested that the Two Lakes Trail 1 I ~ PAGE 147 REGULAR MEETING - SEPTEMBER 12, 1983 VOLUME 20 VI1. PUBLIC HEARINGS: (Cont'd) and the property it encloses be excluded from the deed, thus protecting it from development. LANI LOCKWOOD, community coordinator for the local Campfire Association, appeared from the audience and noted that the First Lake Park was traditionally the site of Campfire's summer day camp. She asked that Council consider the need for such a site when making its decision. I GERRY BELL, 437 Third Avenue, appeared from the audience and asked that Council identify the area which the public would like to see preserved and eliminate that from the deed, thus protecting what the City now has. STUART SCOTT, 710 Third Avenue, appeared from the audi- ence and stated that his prime consideration was that the protection of the parkland be more clearly defined. He suggested that the State consider the purchase of privately owned lands for its expansion. ROBERT BOOHER, Director of AVTEC, appeared from the audience and stated that he could appreciate the concerns of the local citizens, but until the State was in possession of the property, plans could not be finalized; thus, he was unable to state the exact location, size or number of buildings to be placed in the vicinity of the park. He further noted that much of the land in and around the area was State owned. BOB LINDVILLE, 203 Second Avenue, appeared from the audience and stated that he was not comfortable with such vague plans from the State and wanted some assurance that the park would be pre- served. He also questioned why this issue was not being placed before the voters. I No one else appeared from the audience in order to be heard and the public hearing was closed. In response to a question from Wilson, City Attorney explained that with a quit claim deed the City made no warranty as to the title to the land, thus making this the safer way to transfer ownership. City Manager also assured Wilson that AVTEC would have to come to the Councilor the Planning Commission for requests for rezone, platting or vacation of rights-of-way. In response to O'Brien's concern about dedication of the land to AVTEC as opposed to a long term lease, City Manager explained that a quit claim deed with a reversionary clause (if AVTEC ceases to use the facility for educational purposes, it reverts back to the City) is really no different from a 50-year lease of the property. He further noted that, if the land is transferred to the State, the City's liabil- ity would be much less than if the land is leased. O'Brien also stated that some consideration of McHenry's suggestion that the "core area" be omitted from the deed should be given. In response to a suggestion from O'Brien, a work session on the proposed transfer was scheduled for 7:00 p.m., Wednesday, September 21. Meehan suggested that, before the work session, McHenry rewrite the deed as she would like to see it. I VI. BOROUGH ASSEMBLY REPORT: (Taken out of order) KPB Assembly Representative Sewall gave a verbal report of the Assembly meeting of September 6, 1983. RECESS: The meeting was recessed at 8:43 p.m. and reconvened at 9:55 p.m. Nr:;f 1 I "1i1MR :11111\: C. September 7, 1983, memorandum from Administrative Assis- {2:c -011..: tant Kerry Martin relative to the proposed expansion of Jim Pruitt's existing lease to include a total of !20,OOO sq.ft. located in a Portion of Tract A, North Harbor Subdivision, was noted Martin noted that the ; j8 1. L{. PAGE 148 REGULAR MEETING - SEPTEMBER 12, 1983 VOLUME 20 VII. PUBLIC HEARINGS: (Cont'd) new lease would contain a mandatory 90-days continuous operation of the car wash/self-service gas station facility. Notice of Public Hearing as published and posted by law 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. O'Brien stated that he felt that 90-days continuous operation of the business was not enough. A resolution approving the new lease was slated for presentation at the September 26 meeting. VIII. CITIZENS' DISCUSSION: (With prior notice only) C OF C: A. Dave Cich, Executive Director of the Seward Chamber of Commerce, appeared from the audience with a report on the Chamber's financial statement as of the 12-month period ending June 30, 1983. He noted that the Chamber's fiscal year ends September 30. Therefore, while the income figures appearing on the statement were accurate, a more complete picture would be presented to Council in October. Cich also commented on his recent trip to San Jose to attend a Chamber Directors workshop. SGH: B. Keith Campbell, director of Seward General Hospital, appeared from the audience and introduced Clark Ashworth who reported to Council on the results of the health survey conducted by Rural Research, Inc. According to the survey, a majority of those living in the service area are satisfied with the health care services they are currently receiving. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: UTIL/ORD: 1. Copies having been made available to the public, Cripps noted by title only a proposed resolution that would extend from one to five years the period of time which the City can hold a utility deposit entitled: AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 22.10.030 OF THE SEWARD CITY CODE. Notice of Public Hearing as published and posted by law 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. O'Brien stated that he was still opposed to holding a utility deposit for such an extended period of time and suggested that an alternative would be to increase the amount of the initial deposit. Swartz objected, stating that some people would find it difficult to come up with a larger deposit. Following further discussion, it was moved by Gillespie, seconded by Swartz and carried as follows to enact Ordinance No. 518, effective September 22, 1983: AYES: NOES: Burgess, Cripps, Gillespie, Meehan, Swartz & Wilson O'Brien C. Resolutions: P&R/RESO: 1. 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, MAKING AN APPROPRIATION FROM THE GENERAL FUND "'" J!\ PAGE 149 REGULAR MEETING - SEPTEMBER 12, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) FUND BALANCE TO THE DEPARTMENT OF PARKS AND RECREATION FOR PRIOR YEAR UNEXPENDED BUDGETED FUNDS FOR TOT LOT AND WINTER PROGRAMS. I City Manager noted that the effect of this resolution would be to move unexpended FY 83 funds to the FY 84 budget in order to pay for Parks and Recreation equipment which had been funded during FY 83 but which was not delivered to the City until FY 84. It was moved by O'Brien, second- ed by Burgess and unanimously carried to approve Resolution No. 83-62. P&R/RESO: 2. 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, APPROPRI- ATING FUNDS FOR THE CONSTRUCTION OF A SECOND PICNIC PAVILION. City Manager noted the September 7, 1983, memorandum from Schaefermeyer recommending approval of this resolution which would appropriate $45,000 to add to the $20,000 in State grant funds remaining in the Seventh Avenue Greenbelt Fund in order to construct a 44-foot twin picnic pavilion near the softball fields. In addition, the pavilion would be equipped with a lip around the concrete foundation to allow for flooding of the floor in winter for recreational ice skating. Following dis- cussion, it was moved by Gillespie, seconded by Swartz and unanimously carried to approve Resolution No. 83-63. OTS/RESO: 3. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REMOVING THE REVERSIONARY CLAUSE CONTAINED IN THE QUIT CLAIM DEED ISSUED BY THE CITY OF SEWARD TO THE KENAI PENINSULA BOROUGH FOR" BLOCK 29, ORIGINAL TOWNSITE OF SEWARD. Schaefermeyer noted that the City had deeded the subject property to the Kenai Peninsula Borough in 1974 for the purpose of permitting the Borough to deed the property to the State for the Alaska Skill Center. The deed issued to the Borough, as well as the deed issued by the Borough to the State, contained a clause stating that the land and buildings would revert back to the City should the site cease to be used for educational purposes. AVTEC was now attempting to have a student facilities building constructed by a private contractor who would lease the site back to the State. The reverter clause in the deed has clouded the title and made it difficult for private development to take place. The Borough has already passed a resolution removing the reverter clause from its deed to the State; this resolution would do the same for the City's deed to the Borough. It was moved by O'Brien, seconded by Gillespie and unanimously carried to approve Resolution No. 83-64. I BIDS/PUB.WKS/RESO: 4. Copies having been made available to Cripps noted by title only a proposed resolution entitled: the public, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA AUTHORIZ- ING THE PURCHASE OF WINTER STREET MATERIALS WITHOUT FULL UTILIZATION OF THE BID PROCEDURES AS SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE. Upon the recommendation of the City Manager, it was moved by Meehan, seconded by Burgess and unanimously carried to approve Resolution No. 83-65. 150 PAGE 150 REGULAR MEETING - SEPTEMBER 12, 1983 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) UTIL/ SEWER/RESO: 5. Copies having been made availab Ie to the pub lic, Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE RATES FOR SEWER USE. City Manager noted that the rates 50% across the board. Gillespie, seconded by Wilson tion No. 83-66. proposed resolution would increase sewer Following discussion, it was moved by and unanimously carried to approve Resolu- UTIL/WATER/RESO: 6. 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, SETTING RATES AND CHARGES FOR WATER SERVICE FOR THE PERIOD COMMENCING SEPTEMBER 15, 1983. Schaefermeyer requested that Page 3, Section D, be amended to reflect a maximum of "1 inch" pipe instead of "2 inches". Following discussion, it was moved by O'Brien, seconded by Gillespie and unanimously carried to approve Resolution No. 83-67 as amended. BIDS/VEHICLES/PUB.WKS/ 7. RESO: available to the tions entitled: Copies having been distributed to Council and made public, Cripps noted by title only two proposed resolu- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRI- ATING FUNDS FOR THE PURCHASE OF A DUMP TRUCK AND A BASE RADIO FOR THE PUBLIC WORKS DIVISION; and A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING THE PURCHASE OF A DUMP TRUCK FOR THE PUBLIC WORKS DIVISION WITHOUT FULL UTILIZATION OF THE BID PROCE- DURES SET FORTH IN SECTION 10-8 OF THE CITY CODE. City Manager noted that the Council had authorized the administration to go to bid on this item on July 25. The City had solicited bids from vehicle dealers in Anchorage and on the Peninsula. Several bids had been received, and the administration was now recommending that the vehicle be purchased from Peninsula Ford, Inc., the low bidder, at a price not to exceed $36,863.91. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried to approve Resolu- tion No. 83-68 (appropriating the funds) and Resolution No. 83-69 (authorizing the purchase). INS/RESO: 8. available to the tion entitled: Copies having been distributed to Council and made public, Cripps noted by title only a proposed resolu- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRI- ATING FUNDS TO THE FY 84 BUDGET TO PROVIDE ADDITIONAL INSURANCE COVERAGE FOR CITY-OWNED PROPERTY. The Mayor noted an amendment to Section 2 of the proposed resolution, adding the following to end of the second line: "...to the City's Enterprise accounts." ~\ 1 PAGE 151 REGULAR MEETING - SEPTEMBER 12, 1983 VOLUME 20 XL ORDINANCES AND RESOLUTIONS: (Cont'd) C. Resolutions: (Cont'd) City Manager noted that the additional insurance was needed to cover possible loss or replacement of certain City-owned equipment and proper- ty including some of the City's generating equipment, well-pumping units and the sewer system lagoon. Upon the recommendation of the City Manager, it was moved by Gillespie, seconded by O'Brien and unanimously carried by all those present to approve Resolution No. 83-70 as amended. I X. UNFINISHED BUSINESS: None. XL NEW BUSINESS: A. Taken out of order. (See above) CON-058: B. August 31, 1983, memorandum from Engineering and Util- ities Manager Dennis Dooley recommending the approval of Change Order No. 1 to the Copper Valley Construction contract for repair of the north levee was noted. City Manager stated that the change order was neces- sitated by a defect in the design. The proposed change would make the levee safer. Following discussion, it was moved by Meehan, seconded by Wilson and unanimously carried to award Change Order No. 1 to Copper Valley Construction in an amount not to exceed $25,000. C. September 6, 1983, memorandum from Schaefermeyer relative to a proposed vacation of a right-of-way between Lots 7, 8 and 11, Block 6, Cliff Addition, was noted. City Manager stated that following further review of the site, the administration wished to withdraw its objection to granting the vacation as filed by Patrick O'Brien since the topography precluded its use as a right-of-way for access or utilities. I D. August 10, 1983, memorandum from Kerry Martin relative to a proposed Small Boat Harbor Plan was noted. Martin, referring to a map posted in Chambers, outlined the proposal for Council. At the request of O'Brien, a public hearing on the proposed plan was scheduled for the regular meeting of September 26. LOBBYIST: E. August 26, 1983, memorandum from Schaefermeyer relative to a proposed amendment to the City's contract with Dawson and Associ- ates for lobbying services was noted. City Manager recommended approval of the amendment which would allow Dawson reimbursement for entertain- ment expenses up to $3,000 per year. Following discussion, it was moved by Gillespie, seconded by O'Brien and unanimously carried by all those present to approve modification number 1 to the contract with Dawson and Associates for the 1984 legislative session. CON-068: F. September 7, 1983, memorandum from Special Projects Engineer Tim Pflum relative to the Seward-to-Dave's Creek transmission line upgrade was noted. Pflum, as well as Acres/Hanscomb, recommended that the contract for design of the intertie be awarded to Ebasco Services. Following discussion, it was moved by O'Brien, seconded by Meehan and unanimously carried to authorize the City Manager to negoti- ate and execute a contract with Ebasco Services for design of the Seward-to-Dave's Creek transmission line. CON-069: G. September 12, 1983, memorandum from Tim Pflum relative to a proposed contract for electrical construction which had been dis- tributed to Council prior to the meeting was noted. City Manager noted that there was an emerging problem within the Electric Department in keeping up with electrical hook-ups. Rather than dramatically increase the size of the City crew through several short calls, the adminis- tration recommended contracting with a firm in Anchorage for installa- tion of the utilities at the site of the North Pacific Rim housing project. Following discussion, it was moved by Wilson, seconded by Swartz and unanimously carried to authorize the City Manager to issue a purchase order to Power Constructors in an amount not to exceed $25,000 for labor and equipment as needed to complete installation of priority electrical service work. I 152 PAGE 152 REGULAR MEETING - SEPTEMBER 12, 1983 VOLUME 20 XII. CITY MANAGER REPORTS: None XIII. COUNCIL DISCUSSION: MEEHAN requested that a resolution be drafted thanking Don McCloud for his many years of service on the Borough Assembly. (McCloud is retiring after 13 years on the Assembly.) He also requested a resolution sympathizing with the loss of lives due to the downing of the Korean airliner and condemning the actions of the Soviet Union. SWARTZ requested that an open house be planned at the Marine Industrial Center so that local people would have a chance to view the project. CRIPPS noted a letter he had received from the Senior Citizens Director asking that the City set aside its arbitrary 13% charge for administrative overhead when processing its grant for a new bus. City Manager assured him that the City would work out an equitable solution. Cripps also reported on his trip to Haines to attend the Conference of Mayors, noted that Council was invited to a luncheon for the Korean Consul General in Council Chambers at noon on Tuesday, and thanked Kerry Martin for the pins bearing the new City logo. XIV. CLTlZENS' DISCUSSION: None XV. ADJOURNMENT: The meeting was adjourned at 10:55 p.m. Q~. Mayor 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 0' Brien led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps, and Councilmembers Burgess, Meehan, O'Brien, and Swartz (Absent with Council consent was Councilmember Wilson; Councilmember Gillespie arrived at 7:32.) Present also: City Manager Garzini, Assistant City Manager Schaefermeyer, City Attorney Arvidson and City Clerk Murphy IV. APPROVAL OF MINUTES: I C.ATTY: I POST I ~" ~... ....... PAGE 153 REGULAR MEETING - SEPTEMBER 26, 1983 VOLUME 20 It was moved by Meehan, seconded by Burgess and unanimously carried by all those present to approve the September 12, 1983, regular meeting minutes as written. NOTE: Councilmember Gillespie arrived at 7:32 p.m. and participated in the remainder of the meeting. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager reguested the following addition to the regular meeting agenda: XL NEW C. BUSINESS: Proposed Change Order No.1, Crowley Construc- tion, for soils testing at the MIC City Manager also requested that Agenda Item XI(A) be moved to Agenda Item IX(C)(7) along with proposed Resolution No. 83-77 which had been distributed to Council prior to the meeting. It was moved by Swartz, 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 action was taken: 1. August 1983, invoice Powell and Brundin $8,529.52, was approved from Hughes, Thorsness, Gantz, for legal services totalling for payment and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the Assembly meeting of September 20, 1983. VII. PUBLIC HEARINGS: OFFICE: A. Assistant City Manager introduced four representatives oJ the Postal Service: Robert J. Opinski, Steve Johnson, Don Mattson, and Fletcher Accord, who outlined plans for a proposed new post office facili ty. Following a brief description of the location and facility from Mattson and an overview of the type of home delivery service proposed for the area, Public Hearing was opened. CHRIS DINNAN, ELIZABETH MAHAN and WALTER CHRISTOLEAR, all of Seward, had questions concerning the height of the building, the grounds surrounding the facility and the possibility of exploring additional sites. Mattson assured the three that the building would be only one-story high, a greenbelt area was proposed for the perimeter of the site, and all suitable sites had been considered. JACK WERNER, a Seward merchant, appeared from the audi- ence and spoke in opposition to moving the post office to the Fifth Avenue site which has been proposed. He stated that the proposed site was prime residential property and should be preserved as such. RICK BOYLE and HENRY ABRAHAMSON spoke in favor of the new facility and the proposed location. RON LEWIS and LEWIS HASTY, Seward, spoke in favor of the location, but expressed concern that the alley not be blocked. City Manager explained that, prior to vacating the alley, the Postal Service would be required to appear before the City and Borough Planning Commis- sions and the Borough Assembly; objections to the vacation could be voiced at either of two required public hearings. No one else appeared from the audience in order to be heard and the public hearing was closed. ~iO(;-/ '. B. City Manager noted that Council had requested that the administration prepare a master plan for the Small Boat Harbor area. The plan had been prepared by Administrative Assistant Kerry Martin and had been presented to the Planning Commission and the Council for review. Notice of Public Hearing as published and posted by law was noted and the public hearing was opened. 154 PAGE 154 REGULAR MEETING - SEPTEMBER 26, 1983 VOLUME 20 DALE CLEMENS, a merchant in the Small Boat Harbor, appeared from the audience and spoke in opposition to the City allowing businesses to operate in the proposed boardwalk area. JOE GALE, Seward, appeared from the audience and asked that an area be set aside away from overhead power lines for upland boat repairs. City Engineer Dennis Dooley explained that the power lines in one of the areas indicated were to be removed soon. JOHN SMITH, a merchant in the Small Boat Harbor, appeared from the audience and urged the City to reconsider allowing businesses to locate in the proposed boat harbor area, adding that the City had to preserve the parking areas now available. In response to a question from SHARON ANDERSON, Seward, the City Manager stated that any shops located in the area of the boardwalk would be small. He also assured her that there was no plan to move commercial vessels from the area. WALTER CHRISTOLEAR, Seward, appeared from the audience and spoke in favor of the proposed boardwalk, adding that it should be extended to the ferry dock. No one else appeared from the audience in order to be heard and the public hearing was closed. Gillespie stated that he agreed with CLEMENS and SMITH; businesses should not be allowed to build adjacent to the boardwalk. Meehan requested that another public hearing be scheduled for the next Council meeting. RECESS: The meeting was recessed at 8:50 p.m.; reconvened at 9:00 p.m. VIII. CITIZENS' DISCUSSION: (With prior notice only) None. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None. B. Ordinances for Public Hearing and Enactment: None. C. Resolutions: RESO: 1. Copies having been maded 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, THANKING KENAI PENINSULA BOROUGH ASSEMBLY PRESIDENT DON MCCLOUD, RETIRED, FOR HIS YEARS OF SERVICE TO THE CITIZENS OF SEWARD. It was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-71. RE-OI6/RESO: 2. 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, AUTHORIZ- ING THE SOLE SOURCE LEASE OF A PORTION OF TRACT A, NORTH HARBOR SUBDIVISION, TO JAMES T. PRUITT, FOR THE PURPOSE OF MAINTAINING AND OPERATING A SELF SERVICE CAR WASH, GAS STATION AND RETAIL MERCHANDISING FACILITY. 1t::,'": PAGE 155 REGULAR MEETING - SEPTEMBER 26, 1983 VOLUME 20 Upon the recommendation of the City Manager, it was moved by Burgess, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 83-72. 3. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DEEDING TO THE STATE OF ALASKA t5.13 ACRES OF LAND FOR PUBLIC EDUCATION PURPOSES. City Manager explained that the resolution and quit claim deed presented in Council's packets contained the original legal description including all of the City land in the First Lake area. As a result of the work session of September 21, the administration was presenting two other options to Council. Administrative Assistant Kerry Martin, with the aid of two drawings, outlined the two options. The first preserved for public use all area within a point 15 feet outside the center line of the Two Lakes Trail, effectively reducing the usable land around First Lake to :t~ acre. As an alternative solution, the City Manager recom- mended that the deed as originally presented be amended by adding the following clause: There shall be a building setback established of thirty feet from the high water mark around the perimeter of First Lake; and a fifteen foot building setback on both sides of the center line of the Two Lakes Trail and the creek flowing out of the lake. Access across the Trail and the Creek to the build- ing site north of First Lake would be guaranteed. I Bob Richardson, representing AVTEC, suggested that, before proceeding any further, the City present the State with the two new options. O'Brien requested that the administration write to the State Land Office offering the City's alternatives to the original document. He further instructed the City Manager to present the letter to Council for review at the next meeting. 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, AUTHORIZ- ING THE SALE OF CERTAIN CITY PROPERTY (LOT 2, JESSE LEE HEIGHTS SUBDIVISION ADDITION). Upon the recommendation of the City Manager, it was moved by Meehan, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-74. JLH SUB/RESO: 5. 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, AUTHORIZ- ING THE SALE OF CERTAIN CITY PROPERTY (LOT 3, JESSE LEE HEIGHTS SUBDIVISION ADDITION) . I Upon the recommendation of the City Manager, it was moved by O'Brien, seconded by Swartz and carried as follows to approve Resolution No. 83-75: AYES: NOES: ** ABSTAIN: Cripps, Gillespie, Meehan, O'Brien and Swartz None Burgess **Burgess stated that he had just completed some surveying work on the parcel described in the deed for the buyers, and therefore must abstain. 156 PAGE 156 REGULAR MEETING - SEPTEMBER 26, 1983 VOLUME 20 PERSONNEL/RESO: 6. 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, AMENDING THE CITY'S DEFERRED COMPENSATION AGREEMENT WITH THE ICMA RETIREMENT CORPORATION. City Manager stated that this resolution was a housekeeping measure bringing our deferred compensation agreement in line with new IRS regulations. It was moved by Gillespie, seconded by O'Brien and unani- mously carried by all those present to approve Resolution No. 83-76. IND. DEV /RESO: 7. Copies having been distributed to Council and made available to the public, Cripps noted by title only a proposed resolu- tion entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO MURPHY, CARPENTER AND COMPANY FOR DESIGN AND PRODUCTION OF A PROMOTIONAL EXHIBIT FOR FISH EXPO, WITHOUT FULL UTILIZATION OF THE BID PROCEDURE SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE, AND APPROPRIATING FUNDS FOR FISH EXPO FROM THE GENERAL FUND-FUND BALANCE TO THE ECONOMIC DEVELOPMENT/COMMUNITY PROMOTION BUDGET. Also noted was a September 26, 1983, memorandum from Administrative Assistant Kerry Martin outlining the projected costs of attending the Expo ($27,504) and recommending that Murphy, Carpenter and Company be awarded a sole source contract for design and production of all promo- tional materials. City Manager urged Council to approve this resolu- tion, stating that the City should not wait until completion of the Marine Industrial Center before beginning its advertising campaign. Meehan added that attending the Seattle Fish Expo was the best way to advertise the MIC. Following further discussion, it was moved by Gillespie, seconded by Burgess and unanimously carried by all those present to approve Resolution No. 83-77. X. UNFINISHED BUSINESS: Block 8, September submitted A. City Manager noted that the option to lease Tract A, Oceanview Subdivision, held by Ray Evarts, had expired on 15. Evarts had requested a 30-day extension but had not yet his request in writing with a check to cover said extepsion. XL NEW BUSINESS: A. See Agenda Item IX.(C)(7). CON-034: B. September 19, 1983, memorandum from Dennis M. Dooley, Manager of Engineering and Utilities, relative to a proposed Change Order to the CH2M Hill contract for the Lowell Creek Diversion project was noted. Dooley explained that the scope of the original contract did not specifically list design of the diversion structure. He added that the diversion design now under consideration by the City Engineering Department was more complex than anticipated and in order to proceed with this more complex design so as not to delay completion of the Tunnel renovation this winter, he recommended approval of this change order. City Manager explained that the money to cover the change order would come from the Lowell Tunnel Capital Project fund. Following further discussion, it was moved by O'Brien, seconded by Gillespie and carried as follows to approve Change Order No. 1 to the CH2M Hill contract in an amount not to exceed $30,000: AYES: NOES: **ABSTAIN: Cripps, Gillespie, Meehan, O'Brien and Swartz None Burgess .... -r-. , PAGE 157 REGULAR MEETING - SEPTEMBER 26, 1983 VOLUME 20 **Burgess declared a financial interest in the project and abstained. CON-062: C. September 21, 1983, letter from Acres/Hanscomb Program Manager William M. Toskey relative to proposed test pile and deep soil boring necessary to properly evaluate the entire shiplift/transfer pit design was noted. In response to a question from O'Brien, City Engineer explained that the type of testing recommended should have been done 2-3 years ago, but was not. City Manager recommended the requested change order to Crowley's contract, stating that the City needs to know if there is sufficient stability before proceeding further with the ship- lift. Following further discussion, it was moved by O'Brien, seconded by Swartz and unanimously carried by all those present to approve Change Order No. 1 to the Crowley Constructors contract for time and materials not to exceed $65,000. I XII. CITY MANAGER REPORTS: City Manager noted that a delegation from Taiwan would be in Seward later in the week to view the Marine Industrial Center. XII 1. COUNCIL DISCUSSION: SWARTZ inquired about the progress made on the Ferry terminal renovation. Dooley replied that outside painting and electrical reno- vations were complete. He added that paving would be postponed until next year. In response to her question concerning camper parking in the downtown area, Dooley replied that signs prohibiting this practice had been ordered and would be in place well before the next tourist season. CRIPPS noted receipt of the transcript to the Jones Act hearings before Congress. XIV. CITIZENS' DISCUSSION: I A. BOB VALDETTA, Seward, appeared from the audience spoke in favor of the City's participation in the Seattle Fish Expo. and XV. ADJOURNMENT: was .m. PAGE 157 SPECIAL MEETING - OCTOBER 5, 1983 VOLUME 20 1. CALL TO ORDER: The special meeting of the Seward City Council was called to order at 4:00 p.m. by Mayor Donald W. Cripps. I II. OPENING CEREMONY: Councilmember Swartz led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Meehan, Swartz and Wilson (Absent was Councilmember O'Brien) Present also: City Clerk Murphy and Deputy City Clerk Audette '--r" ,l ... 158 ,~158 SPECIAL MEETING - OCTOBER 5, 1983 VOLUME 20 - .-' IV '....... "/..-,/ .. SPECIAL ITEM: ELECTIONS: \ A. City Clerk d:.stributed a tally of the unofficial results of the October 4, 1983, regular municipal election showing the total number of votes cast for eal:h candidate and for and against each propo- sition and confirmed that 463 votes had been cast and 441 counted by the election boards; the remainjng 22 ballots were questioned ballots to be considered by the Canvass Board. Also displayed for public review were the tally sheets and the lists of those who had requested and received absentee ballots. The Clerk th:m distributed a list bearing the names of the 24 electors who had requested absentee ballots. She stated that all 24 ballots had been receiv(~d in time for the canvass. Of these, the envelopes containing the ballots of Darlene and Lloyd Whitethorn were not signed as required by State and City law, and the ballots of Tami L. Sadusky and Christine C. WErner did not contain the required attesta- tions; the Clerk recommended that these 4 ballots be rejected. It was moved by Gillespie, seconded by Burgess and unanimously carried by all those present to accept the Clerk's recommendation to count the 20 absentee ballots as indicated on the prepared list presented to the board. 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 BENCARDINO, Louis A. CRIPPS, Jean E. DAVIS, C. Bernice DEMCHENKO, Michael HIGHSMITH, Raymond C. KOWALSKI, Martin N. LANDENBURGER, Eric MAl, Donald L. OLLESTAD, Gilbert SWARTZ, Karen A. SWARTZ, Robert D. TINER, Lisa B. N. WERNER, Cheryl L. WILLINGHAM, George D. DUNHAM, Willard E. HILL, Lorri A. HILTON, Janis HOOGLAND, Carol J. KOTHE, Sophie R. WILFONG, John The Clerk diBtributed a list bearing the names of those individuals casting questioned ballots on Election Day. She stated that most of the questioned ballots had been cast by individuals who had moved from one City precinct to the other without filing a change of address or who had been omitted from the precinct registration lists by computer error. She recommended that these 18 ballots be counted. She further recommended that 4 of the 22 questioned ballots cast be rejected as follows: PRECINCT NO.1: Name Reason for rejection FACER, Robert B. HALLETT, Judith Ann LEDET, John R. SMITH, Carol S. No record of registration Registered in Bear Creek Registered in Bear Creek Registered in Chugiak It was moved by Gillespie, seconded by Wilson and unanimously carried by all those present to accept the recommendation of the Clerk to count the 18 questioned ballots as indicated on the prepared list presented to the Board. 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 CORBIN, Linda S. CRISP, Johnnie B. DYER, Jackie W. HILDEBRAND, Barry AUSTIN, Joseph John FREEMAN, Carol HEDMAN, Pat HUDAK, George F. , ::: (1 VOLUME 20 PAGE 159 SPECIAL MEETING - OCTOBER 5, 1983 PRECINCT NO. 2 PRECINCT NO. 1 NELSON, Kurt HILDEBRAND, Julianne K. KOEFF, Bryan J. KOEFF, Korine T. LEWIS, Mary F. LINCOLN, Edward H. MARKWARDT, Philip A. SACALOFF, Georgia L. YOUNG, Kurt W. YOUNG, Patricia L. I The 38 approved ballots were removed from their blank white envelopes by Swartz and read aloud by Cripps with Burgess and Meehan observing and Gillespie, Wilson and Audette conducting the tally. The totals of the absentee and questioned ballots counted were added to the totals of those ballots cast and counted on Oc tober 4, 1983. The City Clerk read the results of the combined totals as follows, and it was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to accept the totals as read and to declare the results final. It was confirmed that Donald W. Cripps had been elected to a two-year term as Mayor and that David L. Hilton, Sr., Michael J. Meehan and Raya Williams had each been elected to a two-year term on the City Council, and further that Proposition No. 1 (proposed sale of land to the Elks Club) had been defeated and Proposition No. 2 (proposed Charter Amendment allowing the City to issue Industrial Development Bonds) had been approved. The official results were as follows: MAYOR OF COUNCIL Two-Year Term (One to be elected) I DONALD W. CRIPPS John Brockman Keith Campbell Dale Clemens Harry Geisler John Gillespie Bob Leary Ruth McHenry Michael Meehan Pam Oldow Dennis Scholl Mary Sims Charles Soriano Robert (Bob) Valdetta COUNCILMEMBER Two-Year Term (Three to be elected) I Raymond M. Burgess Walter Christolear Chris Dinnan William (Bill) Glenn DAVID HILTON, SR. MICHAEL J. MEEHAN Patrick O'Brien RAYA WILLIAMS Greg Bither-Terry Gene Skinner Rick Williams PROPOSITION NO. 1 (Proposed sale of property to Elks Club) Yes NO PRECINCT PRECINCT ABSENTEE/ NO.1 NO. 2 QUESTIONED TOTALS 248 118 33 399 1 0 0 1 2 3 0 5 1 0 0 1 1 0 0 1 0 2 0 2 1 0 1 1 1 0 0 1 0 1 0 1 1 0 0 1 0 2 0 2 1 0 0 1 3 4 0 7 2 1 0 3 129 42 18 189 51 19 7 77 44 25 7 76 71 28 9 108 127 77 17 220 148 85 23 256 94 40 15 149 150 81 15 246 1 0 0 1 1 0 0 1 1 0 0 1 118 170 14 23 184 282 55 89 :.60 PAGE 16"0 SPECIAL MEETING - OCTOBER 5, 1983 VOLUME 20 PROPOSITION NO. 2 (Proposed Charter Amendment allowing the City to issue Industrial Develop- ment Bonds) YES No 233 55 113 28 23 11 369 94 TOTAL VOTES CAST TOTAL VOTES COUNTED 310 293 153 148 46 38 509 479 V. ADJOURNMENT: The meeting was adjourned at 4:50 p.m. da 5,;, M rp <f. c:E't tIer ~... . _-/ y: I........ ~ ~ . II ',::' -: ;"1 ~'J fl l~ :. (-, ~~~~~i:~~t~~~:~i_- u~~;~;;;~~~-=-~~;~;;;-~~~-~~~~---------~~~~~-;; 4.. . .0<' c.... ..,~'~ 1. ). " ' RDER: Q4J~ Donald W. Cripps Mayor 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: flag. Councilmember Burgess led the pledge of allegiance to the III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Burgess, Gillespie, Swartz and Wilson (Absent with Council consent were Meehan and O'Brien) Present also: Assistant City Manager Schaefermeyer, Adminis- trative Assistant Martin and City Clerk Murphy IV. APPROVAL OF MINUTES: It was moved by Wilson, seconded carried by all those present to approve the meeting minutes and the October 5, 1983, written. by Burgess and unanimously September 26, 1983, regular special meeting minutes as SPECIAL ITEM: C.COUNCIL: The Clerk administered the oath of office to re-elected Mayor Donald W. Cripps and newly-elected Councilmembers David L. Hilton, Sr. and Raya Williams. Outgoing Councilmember Burgess left his seat on the Council. The new Councilmembers took their seats on the dais and thereafter participated in the meeting. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Cripps noted that, at its next meeting, the Council would be charged with selecting a Vice-Mayor and a representative to the Hospital Board. He also noted the resignations from the Seward Advisory Planning and Zoning Commission as filed by Dean and Raya Williams and instructed the Clerk to begin advertising for replacements. PAGE 161 REGULAR MEETING - OCTOBER 10, 1983 VOLUME 20 It was moved by Wilson, seconded by Gillespie and unanimously carried by all those present to approve the regular meeting agenda and the consent calendar as presented, and the following actions were taken: ABCB: 1. Notice of application for renewal of liquor license as filed by the Mini Mall was filed without objection; 2. Notice of application for transfer or liquor license rrom Kino Kangis and Seward Longshoremen's Benevolent Asso- ciation (SLBA), dba Palace Saloon & Hotel, to Milos and Barbara Nikolic and SLBA, dba Palace Saloon & Hotel, was riled without objection; ABCB: I 3. September 30, 1983, memorandum from Finance Director Joe Gale relative to an overview of insurance costs was noted for inrormation and filed; and 4. September 30,1983, letter from Governor Sheffield expressing his support of the proposed coal export facility was noted for inrormation and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall stated that there had been no Assembly Meeting since the last Council meeting. He outlined for Council issues to be considered at the forthcoming meeting. VII. PUBLIC HEARINGS: SBH: A. Schaerermeyer noted the October 7, 1983, memorandum rrom Administrative Assistant Martin outlining the changes that had been incorporated in the proposed Small Boat Harbor Master Plan as a result of the last Public Hearing and the concerns expressed by Council. The memorandum suggested two possible alternatives to allay criticism from Harbor merchants that allowing leases adjacent to the boardwalk in area 13 would be "changing the rules in the middle or the game" thus giving new lessees an unfair business advantage. Option No. 1 would allow leases in the subject area but would limit the size of the shops, would require that they be or a non-competitive nature, and would further require that open spaces be provided to protect the view. Option No. 2 would leave the entire area 13 open to short term parking. I Notice of public hearing as posted and published by law was noted and the public hearing was opened. JOHN SMITH, a Harbor merchant, appeared from the audience and spoke in favor of Option No.2. No one else appeared from the audience in order to be heard and the public hearing was closed. Following discussion, the Council directed the adminis- tration to prepare a rinal plan incorporating Option No. 2 to be pre- sented to Council for adoption at the next meeting. VII 1. CITIZENS' DISCUSSION: (With prior notice only) BUDGET: A. Paul Foutz of Price Waterhouse appeared rrom the audience and reviewed the FY 83 audit and report to management. I RECESS: The meeting was recessed at 8:30 p.m.; reconvened at 8:40 p.m. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: B. Ordinances for Public Hearing and Enactment: C. Resolutions: 162 PAGE 162 REGULAR MEETING - OCTOBER 10. 1983 VOLUME 20 PUB.HLTH./RESO: 1. Copies having been made available to public, Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRI- ATING FUNDS TO THE FY 84 BUDGET TO PROVIDE A $1200 GRANT TO THE PUBLIC HEALTH SERVICES IN SEWARD. Schaerermeyer noted the September 29 memorandum from the City Manager stating that the City had been making such a grant to the Public Health Service ror the last 10 years. Due to its long tradition, he recommend- ed approval ror this year only, but rurther suggested that in future years the State should be responsible for full funding of the facility. Cripps objected. stating that less than $1 per capita was a very small price for the City to pay for the continued support of the Health Nurse and her services. Swartz concurred with Cripps. It was moved by Gillespie. seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-78. BIDS/SEN.CIT./RESO/ GRANTS: distributed entitled: 2. Copies having been made available to the public and to Council, Cripps noted by title only a proposed resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD. ALASKA, AUTHORIZ- ING THE PURCHASE OF A IS-PASSENGER VAN FOR THE SEWARD SENIOR CITIZENS. INC. WITHOUT FULL UTILIZATION OF THE BID PROCEDURES SET FORTH IN SECTION 10-8 OF THE CITY CODE. Schaefermeyer noted that a $22, SOO grant had been received from the State for the purchase of the van. The low bidder was Peninsula Ford. Inc. at $14,228.67, leaving approximately $5,000 in unencumbered fund~. Senior Citizens. Inc. was requesting approval of the purchase of some optional equipment with the additional funds. The administration recommended Council approval of the resolution which would authorize the purchase of the van from Peninsula Ford along with the purchase of the requested additional equipment. Swartz asked if the $5,000 would cover the cost of a lift for the van; Schaefermeyer stated that there was not enough money available to cover the cost of a lift. but added that he would explore the possibility with Senior Citizens. Inc. Following further discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 83-79. x. UNFINISHED BUSINESS: JLH SUB: A. October 7. 1983. memorandum from Administrative Assistant Kerry Martin relative to an offer rrom Jean von Dohrmann to purchase Lot 4, Jesse Lee Heights Subdivision Addition No.1, was noted. Martin explained that when this property was put out to public bid along with Lots 2 and 3. no bids were received. At the time of the bid opening. the administration had recommended that any late offers be rej ected. explaining that after the other two parcels are developed, the City will be in a better position to ask a higher price for Lot 4. Wilson questioned the value of this reasoning, stating that it was important to get this property on the tax rolls and suggesting that the property be reappraised at this time and sold. Swartz agreed that the property should be sold but felt that now was not the time. Following further discussion. it was moved by Swartz, seconded by Hilton and unanimously carried by all those present to go along with the recommendation of the administration and reject the offer to purchase Lot 4, Jesse Lee Heights Subdivision Addition No.1. LAUBNER SUB: B. October 7. 1983. memorandum from Kerry Martin relative to a Right-of-Way (ROW) request for access to property in the Laubner Subdivision as filed by Bernard Hulm was noted. Council informally CON-OS6: I ,.. ,,,",-" ~ I- PAGE 163 REGULAR MEETING - OCTOBER 10. 1983 VOLUME 20 approved the ROW request and instructed the administration to advertise a public hearing on the actual ROW document for the next meeting. XL NEW BUSINESS: A. October 4, 1983, memorandum from Dennis M. Dooley, Engineering and Utilities Manager, relative to a proposed change order to the IECO contract was noted. Dooley explained that due to the amount of public interest and concern generated by the first public hearing on the proposed rail corridor to the Marine Industrial Center (held before P&Z in September) he was recommending that an additional public hearing (making a total of 3) be scheduled for the November meeting. This would necessitate a change order in the amount of $5700 to cover costs of extending the contract for one month. Wilson and Williams objected to holding a third meeting, stating that two should be adequate to answer any questions from the public and adding that any number of hearings would be unlikely to satisry most of the people with concerns. Dooley stated that there was a good deal or undue concern at this stage and he hoped to ameliorate some of that concern with the addition of another hearing. Following rurther discussion, it was moved by Gillespie. seconded by Swartz and carried as follows to issue a change order not to exceed $S700 to IECO: AYES: NOES: Cripps, Gillespie. Hilton, Swartz and Williams Wilson MARINA SUB: B. October 6, 1983, memorandum from Kerry Martin relative to a request from Howard Johnson and Dean Lust to lease Lot 7, Block 1, Marina Subdivision, was noted. Martin recommended that Council reject all requests to lease in the harbor area until adoption of the Small Boat Harbor Master Plan. Following discussion, it was moved by Wilson, seconded by Hilton and carried as rollows to reject the proposal from Howard Johnson and Dean Lust to lease Lot 7, Block 1, Marina Subdivi- sion: I AYES: NOES: ABSTAIN: Cripps, Hilton, Swartz, Williams and Wilson None Gillespie NOTE: Gillespie abstained, stating that he had a direct financial interest in the proposal. JLH SUB: C. October 7, 1983, memorandum from Kerry Martin relative to the City's request for an alley easement and replat of the Jesse Lee Heights Subdivision was noted. Martin stated that the alley was no longer needed for access and that until approval of the replat, the City would be unable to finalize the sale of Lots 2 and 3, JLH Subdivision Addition No.1. He added that the Borough would waive the 30-day waiting period before acting on this request if the Council, by affirma- tive action, approved. It was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to support the adminis- tration's recommendation to vacate the alley as shown on the proposed replat and as indicated in the attached memorandum. CON-on: I D. October 5, 1983, memorandum from Dennis M. Dooley rela- tive to a contract for electrical construction was noted. On September 12, Council had approved a contract with Power Constructors in an amount not to exceed $25,000 to assist in designated electrical construction projects prior to freeze-up. Due to a delay in mobilization, coupled with a shortage in the City's electrical crew, the City Manager had authorized the hiring of an additional contractor to expedite the completion or these committed contracts. The administration was now requesting authorization to exceed the City Manager's purchasing limit to cover the estimated cost of this additional contractor. Following discussion, it was moved by Gillespie, seconded by Wilson and unanimous- ly carried by all those present to authorize the City Manager to issue a purchase order to Redi-Electric in an amount not to exceed $30,000. the E. Alaska September 1, 1983, letter from Harry Aase, President of Municipal League, requesting nominations to the AML ~ 6l. - - PAGE 164 REGULAR MEETING - OCTOBER 10, 1983 VOLUME 20 Legislative Committee was noted. serving on the Committee, it was present a nominee this year. Since no one expressed an interest in the consensus or the Council not to XII. CITY MANAGER REPORTS: A. Schaerermeyer stated that he and Dooley had attended a meeting at Chugach Electric comprised of representatives of various electrical utilities. This was the first step in the proposed rormation or a Southcentral Regional Power Board. XII 1. COUNCIL DISCUSSION: SWARTZ expressed her concern that local people needed more inrormation relative to earthquake/tsunami preparedness. GILLESPIE asked if sidewalk repairs had ceased for the season; Dooley replied that they would be continuing. HILTON stated that the Council's decision not to allow busi- nesses to operate adjacent to area 13 in the proposed Small Boat Harbor Master Plan "goes against a basic tenet or free enterprise". He stated that erforts to protect existing businesses served only to stifle competition. CRIPPS reported that he would be sending a letter to Consul General Hwang relative to the loss of the Korean delegation in Burma. XIV. CITIZENS' DISCUSSION: A. BEVERLY DUNHAM, Forest Acres, Seward, appeared rrom the audience and invited Council to the October 13 Chamber of Commerce meeting to hear guest speaker, Joe Usibelli. She also stated that the administration should anticipate problems and opposition to be expressed at the IECO rail corridor hearings and be prepared to answer the con- cerns of the public. B. DENNIS M. DOOLEY, responding to Dunham's comments, stated that the City's role should not be to try to influence the outcome or the IECO issue in any way. C. CHRIS DINNAN, an employee of the Alaska Ferry System, appeared rrom the audience and stated that it might be appropriate ror the Council to show its support ror keeping the Tustumena in Seward by sending a resolution stating such to the newly-formed 8-member Marine Highway Commission. XV. ADJOURNMENT: was adjourned at 10:07 p.m. Q~a Mayor VOLUME 20 1. CALL TO ORDER: The October 14, 1983, special meeting of the Seward City Council was called to order at 12:00 Noon by Mayor Donald W. Cripps. I I. OPENING CEREMONY: Councilmember Swartz led the pledge or allegiance to the flag. PAGE I6S SPECIAL MEETING - OCTOBER 14, 1983 VOLUME 20 III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Hilton, Swartz, and Wilson; Councilmember Williams arrived at 12:04 p.m. (Absent with Council consent were Councilmembers Gillespie and Meehan) Present also: Assistant City Manager Schaefermeyer and City Clerk Murphy I IV. SPECIAL ITEM: CON-070: A. October 13, 1983, memorandum rrom Dennis M. Dooley, Manager of Engineering & Utilities, relative to the Jefferson Street drainage improvement project was noted. Schaefermeyer stated that bids had been received and opened Wednesday, October 12. The low bidder was Alaska Bonafide Contractors with a bid of $148,308, well below the Engineer's Estimate of $260,000. After reviewing the submitted bid, Acres/Hanscomb found it to be in general accordance and conformity with the bid documents and recommended award or the contract to the low bidder. Following rurther discussion, it was moved by Wilson, seconded by Swartz and unanimously carried by all those present to accept the administration's recommendation to award the contract to Alaska Bonaride Contractors. v. ADJOURNMENT: I was adjourned --------------------------------------------------- SPECIAL MEETING - NOVEMBER 8, 1983 VOLUME 20 1. The November 8, 1983, special meeting or the Seward City Council was called to order at I2:0S p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Hilton led the pledge or allegiance to the rlag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton. Meehan, Swartz, Williams and Wilson Present also: City Manager Garzini, Assistant City Manager Schaefermeyer and City Clerk Murphy IV. SPECIAL ITEM: I It was moved by Wilson, seconded by Swartz and unanimously carried by all those present to meet in Executive Session immediately following adjournment in order to discuss a matter of rinancial interest to the City. V. ADJOURNMENT: ^" . T.he meeting as adjourned int"l.,..i'x:ecutive"Sepsion to discuss a ..\.'.\' . ':. '-':>' '.<" ',-'.' , . .'.' /' .\ . ~ .I-~; m., and the Council went tter. j66 PAGE 166 REGULAR MEETING - NOVEMBER 14, 1983 VOLUME 20 1. CALL TO ORDER: The November 14, 1983, regular meeting or 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 or allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton and Meehan (Absent, with Council consent, were Councilmembers Swartz, Williams and Wilson) Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: carried meeting minutes It was moved by Meehan, seconded by Gillespie and unanimously by all those present to approve the October 10, 1983, regular minutes and the October 14 and November 8 special meeting as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request of the City Manager, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to meet in executive session following the close or regular business in order to discuss a matter under litigation. Garzini requested that item IX(C) (4) be deleted rrom the regular meeting agenda. It was moved by Gillespie, seconded by Hilton 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: FIN.DEPT. 1. October 7,1983, Finance Department's list or accounts payable totalling $106,673.70, was approved ror payment and filed; ST.LICENSING: 2. Application ror permit authorizing games of chance and skill as riled by Seward Elks Lodge No. 1773 was riled without objection; ABCB: 3. Application ror renewal or liquor license as filed by Seward Trading Company Liquor Store was riled without objection; 4. A trip report as filed by the City Manager relative to his trip to Seattle to attend the Fish Expo with Adminis- trative Assistant Kerry Martin, Mayor Cripps and Council- member Meehan was noted for information and riled; and 5. A trip report as filed by Police Chief Louis Bencardino relative to the International Association of Chiefs of Police Conrerence which he attended was noted for inror- mation and riled. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Sewall was not present at this time and his report was continued until later in the evening. VII. PUBLIC HEARINGS: None 1 ", . , PAGE 167 REGULAR MEETING - NOVEMBER 14, 1983 VOLUME 20 VII 1. CITIZENS' DISCUSSION: (With prior notice only) A. Dave Cich, Executive Director of the Chamber or Commerce, requested that this item be continued until the November 28, meeting. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: I None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: BUDGET / Cripps EQUIPMENT/ RESO: 1. Copies having been made available to noted by title only a proposed resolution entitled: the pub lic, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE FY 84 BUDGET BY APPROPRIATING FUNDS FROM THE GENERAL FUND-FUND BALANCE TO THE CITY CLERK'S DEPART- MENT FOR THE PURCHASE OF A TYPEWRITER ORDERED IN FY 83. November 9, 1983, memorandum from the City Clerk recommending approval of the resolution was noted. It was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve Resolu- tion No. 83-80. I Cripps GRANTS/AIRPORT/ RESO: 2. Copies having been made available to noted by title only a proposed resolution entitled: the public, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING A REQUEST TO ASSUME THE RESPON- SIBILITY FOR THE DEVELOPMENT OF A MASTER PLAN FOR THE SEWARD AIRPORT. November 9, 1983, memorandum from City Engineer Dooley recommending approval or the resolution was noted. City Manager explained that berore Federal runding could be obtained ror improvements to the air- port, a 20-year Master Plan would have to be developed. The requested TORA would make available planning monies rrom the State to complete the Master Plan. In response to a question from Cripps, he noted that entering into a TORA for the Master Plan would not obligate the City to assume the responsibility ror ruture airport maintenance. Following rurther discussion, it was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 83-81. 3. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: CON-072/ IRESO: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING THE INSPECTION OF THE SHIPLIFT FABRICATION IN JAPAN WITHOUT UTILI- ZATION OF THE BID PROCEDURES SET FORTH IN SECTION 10-8 OF THE CITY CODE. November 8, 1983, memorandum from Dooley recommending approval of this resolution which would authorize a purchase order in an amount not to exceed $11,000 to Lloyds for inspection of the shiplirt rabrication was noted. City Manager explained that since Lloyds is the premier hull 168 PAGE 168 REGULAR MEETING - NOVEMBER 14, 1983 VOLUME 20 insurer in the world, their certification is necessary ror a successrul commercial operation. Following discussion, it was moved by Meehan, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 83-82. 4. Deleted. 5. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: REFUSE/CON-083 RESO: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AWARDING THE CONTRACT FOR CITY GARBAGE AND REFUSE REMOVAL SERVICE TO SEWARD SERVICES FOR THE PERIOD BEGINNING JANUARY 1, 1984 AND ENDING DECEMBER 31, 1987. City Manager explained that only two proposals ror reruse service had been received. Since the only criteria ror selection were expertise and equipment, the administration recommended that the City continue to contract with Seward Services (Herman Leirer). He added that Leirer was not requesting a rate increase at this time in exchange ror the elimina- tion of the 6% fee he had been paying the City for the right to collect the garbage. (The City would continue to collect a 12.5% billing ree.) Following discussion, it was moved by Meehan, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 83-84. X. UNFINISHED BUSINESS: LITIGATION: A. November 9, 1983, memorandum rrom Dooley relative to a (Claims) claim for damages as filed by Keith Knighten was noted. Garzini recom- mended rull payment to Knighten, explaining that the damage suffered to Knighten's equipment was due to imbalanced electrical power. He noted that a transformer upgrade effected in June had solved the problem. Following discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve Mr. Knighten's claim and to reimburse him in the amount or $I86.0S. VI. BOROUGH ASSEMBLY REPORT: (Taken out of order) KPB Assembly Representative Sewall, arriving late, gave a verbal report or the Assembly meeting of November 1, 1983. XI. NEW BUSINESS: C.COUNCIL: A. carried by all City Council. It was moved by Meehan, seconded by Hilton and unanimously those present to appoint John Gillespie Vice-Mayor or the SGH/C.COUNCIL: B. It was moved by Meehan, seconded by Gillespie and unani- mously carried by all those present to appoint Karen Swartz to represent the City Council on the Seward General Hospital Board. TRADE BOARD: C. November 9, 1983, memorandum rrom the City Clerk relative to the expiration or Albert Kawabe's term on the International Trade and Industry Development Advisory Board was noted. Cripps, with Council consent, re-appointed Kawabe to another term which will expire November 1988. P&Z: D. November 9, 1983, memorandum from the City Clerk relative to the need to appoint two individuals to the Seward Advisory Planning and Zoning Commission to fill the vacancies created by the resignations or Dean and Raya Williams was noted. Applications had been received from Christopher Dinnan, William R. Glenn and Donald A. Sutherland. Following discussion, the members present cast secret ballots; the Clerk tallied the ballots and announced that the high vote-getters were Dinnan CON-073 : I PURCHASING: ~ t.~ I'. PAGE 169 REGULAR MEETING - NOVEMBER 14, 1983 VOLUME 20 and Glenn. It was moved by Meehan, seconded by Hilton and unanimously carried by all those present to appoint Dinnan to a term to expire February 1985 and to appoint Glenn to a term to expire February 1986. E. October 31, 1983, memorandum rrom Special Projects Engineer Tim Pflum relative to a request for approval of a purchase order to Parker Paving Corporation ror asphalt paving was noted. In October, the City had contracted with Parker Paving to complete some street repairs for an amount totalling less than $5,000, making Council authorization unnecessary. At the request or the Alaska Railroad, and in an efrort to circumvent Federal procurement procedures, Pflum had agreed to have Parker complete a paving proj ect which had been left unfinished when ARR stopped work on the Grain Export Facility. The City had received a purchase order from ARR for payment of its share of the paving, but since the total cost of the paving now exceeded $S ,000, Council authorization was required berore a purchase order from the City could be issued. Following discussion, it was moved by Meehan, seconded by Hilton and unanimously carried by all those present to approve a purchase order to Parker Paving in the amount of $26,434.60, ror asphalt paving. F. November 4, 1983, memorandum from Prlum requesting authorization to purchase used rail rrom ARR for Lowell Creek/Bear Mountain Diversion Tunnel Rehabilitation was noted. Following discus- sion, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve a purchase order to ARR ror the purchase or used rail in an amount not to exceed $31,900. LITIGATION: G. November 9, 1983, memorandum rrom Schaerermeyer relative (Claims) to a damage claim filed by John Reisdorf was noted. Reisdorf's vessel, the "Betty A", was dropped while being lirted by the City boat lift on October 13. On the recommendation or the City Manager, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to turn Reisdorf's claim over to the City's insurance company I for disposition. LITIGATION: H. November 9, 1983, memorandum from Dooley relative to a (Claims) claim for damages as riled by Ronald DeTerra was noted. City Manager recommended that action on this claim be continued until the November 28 meeting, stating that he needed additional time to review the claim. Meehan and Cripps objected to any delaying action, stating that this would be viewed as harassment or Mr. DeTerra. Meehan noted that this was the rourth time the Electric crew had driven across DeTerra' s property, breaking his sewer line, and this was DeTerra's first claim against the City. He added that the claim was reasonable and justiried and deserved immediate attention. Following further discussion, it was moved by Meehan, seconded by Cripps and unanimously carried by all those present to pay to Ronald DeTerra the $510.00 requested for repair of his sewer line. CON-062: I CON-068: I. November 9, 1983, memorandum rrom Dooley requesting approval of a change order to the Crowley contract for pipe pile rilling with concrete was noted. Garzini explained that he had polled the Council on October 17 prior to authorizing the rilling or the pipe piles; he was now requesting confirmation of the authorization given at that time. Following discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to authorize the administration to negotiate a time and materials work change order with Crowley Constructors for filling or pipe piles. J. November 10, 1983, memorandum rrom Dooley relative to Ebasco's recommendations rollowing review of the transmission line alternatives was noted. Bill Toskey or Acres/Hanscomb, in response to a question from Cripps, stated that, if the City wanted to attract indus- try to the area, the Council should continue with its request ror a IIS kva system, as this would cure the City's electrical problems for the next 30 years. Following further discussion, it was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to concur with the Acres/Hanscomb and Ebasco recommendation to proceed with the design or alternative No.2, a IIS kva system for the Daves Creek interconnection to the Chugach 115 kva grid. ]70 PAGE 170 REGULAR MEETING - NOVEMBER 14, 1983 VOLUME 20 RECESS: The meeting was recessed at 8:40 p.m.; reconvened at 8:48 p.m. XII. CITY MANAGER REPORTS: Garzini noted the rollowing special meetings: a. 11/30/83 Special meeting or the Planning and Zoning Commission ror the purpose of holding the third and rinal IECO public hearing relative to the proposed rail corridor to the Marine Industrial Center; and b. 11/21/83 Special meeting of the City Council (Noon) in order to consider a resolution authorizing the sale or Industrial Development Bonds ror Seaway Express and the retention or Bond Counsel. Garzini also noted a list or the City's capital projects assistance priorities ror 1984 which he intended to send to the Governor's Of rice of Management and Budget and which had been distributed to Council prior to the meeting. He asked that Council review the list and make any changes in either the order or the items included prior to November 22. XIII. COUNCIL DISCUSSION: MEEHAN noted that on his recent trip outside to attend the Fish Expo, he had visited Crescent City (along with Garzini, Cripps and Martin) and had seen their shiplirt and transrer pits in operation. He also noted that a number or the rishermen attending the Fish Expo were interested in porting out or Seward when the shiplift is in operation. He rurther stated that his trip to Juneau to participate in the AML Conrerence was very worthwhile, the most benericial part being meeting other people around the state who were also involved in municipal government. CRIPPS noted the following: a. He had received a telegram from Senator Stevens indicating that $2.1 Million had been allocated ror the Exit Glacier Bridge. and Casey Express. b. While in Juneau, he had met with Commissioners Lyons ror discussions relative to coal development and Seaway c. He had also spent about an hour with Senator Gilman who was very much interested in Seaway Express. d. Tony Knowles, Mayor or Anchorage, had indicated that Anchorage was not interested in having the proposed prison located on Fire Island or anywhere near Anchorage. e. The Conference or Mayors and the AML had both adopted resolutions recommending that the State proceed with its plans to purchase the Alaska Railroad. XIV. CITIZENS' DISCUSSION: None XV. ADJOURNMENT: adjourned at 9:00 p.m., and after a short into executive session to discuss pending ~~ Mayor 171 PAGE 171 SPECIAL MEETING - NOVEMBER 21, 1983 VOLUME 20 1. CALL TO ORDER: The special meeting of the Seward City Council was called to order at I2:0S p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmembcr Swartz led the pledge of allegiance to the flag. I III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Hilton, Meehan and Swartz (Gillespie and \,Tilson arrived arter roll call; Williams was absent with Council consent) Present also: City Manager Garzini, Assistant City Manager Schaefermeyer, Administrative Assistant Martin and Deputy City Clerk Audette IV RESOLUTIONS: NOTE: Councilmember Wilson arrived at 12:07 p.m. and participated in the remainder of the meeting. RES/BONDS: A. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA TAKING OFFICIAL ACTION WITH RESPECT TO THE ISSUANCE OF ITS NONRECOURSE REVENUE BONDS IN THE AMOUNT OF $12,000,000 TO PROVIDE FUNDS TO FINANCE THE AC- QUISITION, CONSTRUCTION, AND EQUIP- PING OF A MARINE TERMINAL FACILITY FOR SEAWAY EXPRESS CORPORATION, AN ALASKA CORPORATION OR A SUBSIDIARY THEREOF. City Manager introduced Maury Clark, representing Merrill Lynch, and Don Holman, a bond counsel. Clark gave a brief history or Seaway Express's development. He emphasized that hiring ror the Seward operation would be through the local Job Service orrice. Clark rurther stated that the City would incur no monetary liability ror the issued bonds. NOTE: Councilmember Gillespie arrived at 12:10 p.m. and participated in the remainder of the meeting. " In response to a question rrom Meehan, Martin Durkin, the general counsel for Marine Power and Equipment and its subsidiaries, introduced himself and stated that the total Industrial Revenue Bond indebtedness would be guaranteed by Marine Power and Equipment. Durkin also stated that Marine Power and Equipment was a privately-owned family company and that they preferred not to publicly declare the company's worth. ,(.(,. I It was moved by Gillespie, seconded by Swartz and unani- mously carried by all those present to approve Resolution 83-8S. V. NEW BUSINESS: BONDS: A. City Manager explained that all legal expenses resulting from the sale of the Industrial Revenue Bonds would be paid by Seaway Express. Upon the recommendation of the City Manager, it was moved by Meehan, seconded by Wilson and unanimously carried by all those present to retain Preston, Thorgrimson, Ellis and Holman as counsel for the Industrial Revenue Bond sale ror Seaway Express. 1,.....) . 4..... PAGE 172 SPECIAL MEETING - NOVEMBER 21, 1983 VOLUME 20 VI. ADJOURNMENT: was adjourned at 12:25 p.m. QJU(-?~ Donald W. Cripps .. Mayor - NOVEMBER 28, 1983 VOLUME 20 1. CALL TO ORDER: The November 28, 1983, regular meeting or 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 or allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Meehan, Swartz, Williams and Wilson Present also: City Manager Garzini, Assistant City Manager Schaerermeyer and City Clerk Murphy IV. APPROVAL OF MINUTES: It was moved by Meehan, seconded by Hilton and unanimously carried to approve the November 14, 1983, regular meeting minutes and the November 21, 1983, special meeting minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Meehan requested that the following be added to the regular meeting agenda: XL NEW B. BUSINESS: Response to letter from Fairbanks Mayor Bill Wally relative to the AAMC's decision to eliminate Fairbanks as a site for its Spring training sessions. It was moved by Wilson, 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: FIN.DEPT: 1. Finance Department's list or accounts payable ror the month of October 1983 totalling $2,019,978.89, was approved ror payment and riled; RES: 2. Resolution No. 83-86, in support or the State Community Education Program, was approved and filed; RES/MUN.ASSIST: 3. Resolution No. 83-87, requesting State Municipal Assis- tance Funding, was approved and filed; ABCB: 4. ABCB notirication of applications ror renewal of liquor licenses as riled by BPO Elks Lodge #1773 and the Wheel- house, rormerly known as Dorothy's Cocktail Lounge, was riled without objection; and ABCB: s. ABCB notirication or exemption or 30-days operation requirement ror retention of liquor license as granted to -., 'r":' --- PAGE 173 REGULAR MEETING - NOVEMBER 28, 1983 VOLUME 20 Billy and Julie Casey, was noted ror information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report or the Assembly meeting of November IS, 1983. VII. PUBLIC HEARINGS: I None. VIII. CITIZENS' DISCUSSION: (With prior notice only) A. No one appeared to represent the Chamber or Commerce in the discussion or its rinancial report as presented in Council packets. Cripps instructed the Clerk to schedule this item ror discussion at the first meeting in January, 1984. B. Cripps noted the following items round in Council packets and available ror public inspection: o November 21, 1983, petition requesting that Council re-evaluate that portion of Resolution No. 83-26 establishing a $20/month live-aboard ree in the Small Boat Harbor; o A copy of Resolution No. 83-26, as approved by Council on May 23, 1983; and o November 23, 1983, memoranda rrom Harbormaster Foster Singleton relative to Statewide ordinances governing live-aboards and local enforcement of Resolution No. 83-26. I JOANNE STUDENY, GARY WEATHERLOW, and GARY BARLOW, residents of the Small Boat Harbor, appeared from the audience and stated that they were not opposed to paying the $20/month charge, but would like clari- rication or derinitions, enforcement procedures and justification for the charge. In response to these inquiries, Cripps and Garzini ex- plained that a "live-aboard" was one who lives aboard a vessel moored in the SBH for a number or days totalling 2 weeks per month. They added that it was the intent of the administration to enforce the live-aboard charge uniformly, year-round. Garzini rurther explained that live- aboards place increased demands on the harbor's sewer, garbage and bathroom facilities. He added that, given the ract that vessel owners pay either $5 or $15 dollars (depending on the weight of the vessel) in lieu of the standard S-mil personal property tax they could be charged, residents of the harbor area are living virtually tax-rree. There being no rurther comments rorthcoming from the SBH residents, Cripps thanked them for their comments and concern. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None. B. Ordinances for Public Hearing and Enactment: I None. C. Resolutions: RES/P&Z: 1. Copies having been made available for the public, Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REQUEST- ING THE KENAI PENINSULA BOROUGH ASSEMBLY AMEND THE BOROUGH ZONING 174 PAGE 174 REGULAR MEETING - NOVEMBER 28, 1983 VOLUME 20 CODE TO PERMIT CONSIDERATION OF REZONE PETITIONS WHICH SEEK TO BRING A PARCEL INTO CONFORMANCE WITH THE LAND USE PLAN. Garzini noted the November 22, 1983, memorandum from Assistant City Manager Schaefermeyer recommending approval of the resolution. He explained that, under current Borough regulations, parcels or less than one acre in size could not be considered ror rezone unless the rezone merely altered the boundaries or existing, contiguous zoning districts. The administration was requesting a change to allow the consideration or rezone requests for any size parcel, so long as the proposed rezone would bring a piece of property into conformance with the Land Use Plan. Following discussion, it was moved by Hilton, seconded by Swartz and unanimously carried to approve Resolution No. 83-88. RES/LUP/JESSE LEE HTS Cripps noted SUB: 2. 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, REQUEST- ING THE KENAI PENINSULA BOROUGH AMEND THE SEWARD LAND USE PLAN DESIGNATION FOR LOTS 2-3, JESSE LEE HEIGHTS ADDITION NUMBER 2, FROM PUBLIC DEVELOPED TO MULTI-FAMILY RESIDEN- TIAL. Schaerermeyer, noting his November 22, memorandum, stated that, without such a change to the Land Use Plan, the current owners would be unable to acquire a conditional use permit ror the construction or multi-ramily residential units on the property. In response to a question from Gillespie, he stated that a rezone would not be required since the area was presently zoned Limited Commercial. Following discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried to approve Resolution No. 83-89. RES /FIRE DEPT / CIVIL 3. Copies having been made availab Ie to the pub lic, DEF: Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRI- ATING FUNDS FROM THE GENERAL FUND- FUND BALANCE TO THE SEWARD FIRE DEPARTMENT CAPITAL EQUIPMENT ACCOUNT. November 22, 1983, memorandum rrom Special Projects Engineer Tim Pflum was noted. Garzini explained that Council had directed the Adminis- tration to look into the City's Civil Derense/Emergency Preparedness Plan. As a result, it was found that the City's current standby power ror the Fire Station is supplied by a generator which does not meet legal requirements as set by the National Fire Protection Association. In an erfort to correct this situation, the City had acquired free or charge rrom the Kenai Peninsula Borough a used GMC diesel-Kato generator which would meet legal requirements for the Fire Hall and would supply emergency power to City Hall buildings as well. The administration was now requesting an appropriation or $20,000 to cover the cost of instal- lation or the equipment. (The $20,000 included cost or installation equipment, wire, miscellaneous materials and labor.) Following rurther discussion, it was moved by Swartz, seconded by Meehan and unanimously carried to approve Resolution No. 83-90. RES/SBH/LUP: 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, ADOPTING THE SMALL BOAT HARBOR UPLANDS MANAGE- MENT MASTER PLAN. PAGE I7S REGULAR MEETING - NOVEMBER 28, 1983 VOLUME 20 Administrative Assistant changes had been made to submitted to the Council: Kerry Martin explained that the following the Master Plan which had originally been o The word "uplands" had been added to the title; o All references deleted, as this concerned; and to time limits ror parking were should be lert to the departments o Area 5D, located adjacent to the proposed boardwalk directly across rrom the Breeze Inn Restaurant, had been deleted (Originally designated as a lease area for small shops). I Hilton stated that he was opposed to the elimination or area SD, adding that the City should not take a protectionist stand to lock out competi- tion in the area. Williams and Meehan concurred. Gillespie stated that he was sympathetic to the plight of current lease-holders who would no longer have the advantage or being located closest to the waterrront. He added that he was in ravor or approving the plan "as-is"; details could be worked out later. It was moved by Gillespie and seconded by Wilson to approve Resolution No. 83-91. It was then moved by Hilton and seconded by Williams to amend Resolution No. 83-91 to allow the leasing of property in the area formerly referred to as SD. Gillespie stated that he was opposed to amending the Master Plan at this time. He noted that at the October 10, meeting, Council had voted to delete this area (SD) from the Plan. He added that berore incorporating it again, the Council should hold another public hearing so that merchants in the area could be given an opportunity to be heard. RECESS: The meeting was recessed at 8:35 p.m.; reconvened at 8:45 p.m. I Cripps read that portion of the October 10, 1983, regular minutes wherein Council instructed the administration to rererences to Area SD rrom the Master Plan. Following discussion, a roll call vote on the amendment passed as rollows: meeting delete rurther AYES: NOES: Cripps, Hilton, Meehan, Williams and Wilson Gillespie and Swartz The main motion to approve Resolution No. 83-91, as amended, passed unanimously. It was then moved by Gillespie, seconded by Wilson and unanimously carried to reconsider the vote to approve Resolution No. 83-91, as amended, at the next regularly scheduled meeting. Cripps instructed the administration to schedule a public hearing on the proposed SBH Master Plan ror the December 12, meeting; to contact all lessees in the SBH area regarding the proposed change to the Plan; and to define "small shop" prior to the meeting. x. UNFINISHED BUSINESS: I SCHOOLS (AVTEC) : A. Cripps noted the November 22, 1983, memorandum from Martin and its attachments, including a letter from Robert F. Richardson of AVTEC relative to the State's counter-proposal eliminating the central core area and moving the existing trail closer to First Lake, thus increasing the amount of land contained in the proposed dedication or property to AVTEC for educational purposes. Cripps then had the Clerk outline a brier history of AVTEC's negotiations with the City in its efforts to acquire the subject property for expansion of the present school racility. Meehan stated that the City should reject AVTEC's counter orrer and vote only on the City's original proposal including the entire core area. Cripps, Gillespie and Wilson felt that the City should conduct one more public hearing to allow each side or this controversial issue to be heard. Cripps, with Council consent, directed the administration to schedule a public hearing ror the last meeting in January, 1984, and to present ror review at that time two deeds--one to include the original core area and the other to incorporate AVTEC' s counter-proposal. Since all legal requirements ror public hearings have been met, a resolution incorporating the chosen option will be con- sidered for approval immediately following the public hearing. PAGE 176 REGULAR MEETING - NOVEMBER 28, 1983 VOLUME 20 XI. NEW BUSINESS: C.COUNCIL: A. November 22, 1983, memorandum from the City Clerk recom- mending that the second meeting in December be cancelled due to the holiday season was noted. It was moved by Gillespie, seconded by Meehan and unanimously carried to cancel the December 26, 1983, meeting. B. Meehan noted that the Council had received letters rrom Fairbanks Mayor Bill Wally and the Fairbanks North Star Borough Assembly asking for the City I S support in urging the Alaska Association or Municipal Clerks (AAMC) to reconsider its decision to eliminate Fair- banks as one of the three sites ror annual training sessions. Meehan suggested that the City support Fairbanks ofricials in their errorts. The City Clerk explained that the AAMC had decided to eliminate Fair- banks as a training site because of the expense or importing speakers and trainers for these sessions. Cripps, with the consent or Council, stated that he would write to Mayor Wally and Mayor Allen and suggest that this item be added to the agenda ror the next Fairbanks/Seward joint meeting. XII. CITY MANAGER REPORTS: Garzini noted the November 4, 1983, letter from the State Fire Marshall noticing of the State's intention of inactivating "low- priority" files. He explained that Fire Chier John Gage would now be required to conduct fire inspections on those commercial buildings not covered under the State's new plan. He added that Gage would continue to acquire the training necessary to perrorm these added duties. Williams suggested that the City review the Fire Code and consider an amendment requiring fire walls in all downtown buildings. XIII. COUNCIL DISCUSSION: WILSON requested that the administration give Council a status report on the joint use or facilities agreement with the Borough School District at the next meeting. He also suggested that, after settling the issue of the proposed dedication or land to AVTEC, the Council consider dedicating the Second Lake area as a public park, thus avoiding future disputes as to how this property should be used. CRIPPS suggested that Council consider hiring an in-house attorney, thus eliminating the need for the services or Hughes, Thors- ness, Gantz, Powell and Brundin. He rurther suggested that Council consider resurrecting the now defunct Harbor Commission. He added that these suggestions were "food for thought". XIV. CITIZENS' DISCUSSION: A. BOB RICHARDSON, Seward, appeared from the audience and stated that the land designated as "University land" on the attachment to the AVTEC letter (Item X(A)) was now State land and would soon be deeded to AVTEC ror its us-;:--He added that, had the City's original deed, outlining the core area, noted the City's intention to move the trail closer to the Lake, his recommendations to the State would have been quite difrerent. B. BOB VALDATTA, Seward, appeared rrom the audience and suggested that the City attempt to have the AML hold some or its meet- ings on the Kenai Peninsula. Cripps and Garzini explained that there were not enough hotel rooms in any of the peninsula communities to accommodate the AML. XV. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. ~~ Mayor I I I PAGE 177 REGULAR MEETING - DECEMBER 12, 1983 VOLUME 20 1. CALL TO ORDER: The regular meeting of the Seward City Council was called to order at 7:31 p.m. by Mayor Donald W. Cripps. 11. OPENING CEREMONY: Councilmember Gillespie led the pledge or allegiance to the flag. II 1. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Meehan, Williams, and Wilson (Hilton arrived arter roll call; Swartz was absent with Council consent) Present also: Assistant City Manager Schaefermeyer, City Attorney Arvidson and Deputy City Clerk Audette IV. APPROVAL OF MINUTES: carried meeting It was moved by Gillespie, seconded by Wilson and unanimously by all those present to approve the November 28, 1983, regular minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request or the Assistant City Manager, it was moved by seconded by Meehan and unanimously carried by all those meet in executive session following the close of regular order to discuss a personnel matter. Gillespie, present to business in Schaerermeyer stated that representatives rrom Red Samm Construction, Inc. had asked to be permitted to speak berore Council under agenda item IX(C)(2). Cripps, with Council consent, granted permission ror the representatives' presentation. It was moved by Wilson, seconded by Meehan and unanimously carried by all those present to approve the regular meeting agenda and the consent calendar as presented, and the following actions were taken: Civil Defense 1. November 30, 1983, letter from Police Chief Bencardino regarding Disaster Planning and Preparedness in Seward was noted for information and filed; Accts. Payable 2. December 5, 1983, Finance Department's list of accounts payable totalling $1,207,865.61, was approved for payment and filed; ABCB 3. Application for renewal or liquor license as riled by Harbor Dinner Club was filed without objection; Local Organ. 4. games of chance and Citizens, Inc. and without objection; Applications for permit authorizing skill as riled by Seward Senior American Legion Auxiliary were filed CityAtty s. Hughes, Thorsness, Gantz, legal services totalling payment and riled; and October 1983, invoice Powell and Brundin $7,014.28, was approved from for ror 6. A trip report as riled by relative to the Finance and in Atlanta, Georgia which information and filed. Finance Director Joe Gale Information System Workshop he attended was noted ror V1. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the Assembly meeting or December 6, 1983. - ~---, ,. ~. I ( PAGE 178 REGULAR MEETING - DECEMBER 12, 1983 VOLUME 20 VII. PUBLIC HEARINGS: NOTE: Councilmember Hilton arrived at 7:38 p.m. and participated in the remainder of the meeting. Laubner Add. A. Schaefermeyer noted the December 8, 1983, memorandum rrom Administrative Assistant Martin regarding the right-of-way access across City land to Hulm Property in the Laubner Addition, the drart agreement for access and a December 7, 1983, letter rrom Ruth McHenry suggesting alternatives to the proposed forty foot easement. Notice of public hearing as posted and published by law was noted and the public hearing was opened. BERNARD C. HULM, 317 6th Avenue, Seward, appeared rrom the audience and spoke in ravor of the forty foot easement. Wilson commented that the forty root easement would give future builders in that area rlexibility and that the City could use the easement to access the Second Lake area. No one else appeared from the audience in order to be heard and the public hearing was closed. SBH B. Schaefermeyer explained that this public hearing was to receive public comment on Resolution No. 83-91 which was adopted, as amended to include Area SD in the Small Boat Harbor Uplands Management Master Plan, at the regular City Council meeting of November 28, 1983. December 6 and 7, 1983, memoranda from Administrative Assistant Martin regarding the Small Boat Harbor Uplands Management Master Plan and the extension of Fourth Avenue as a part or that Plan, were noted. Notice of public hearing as posted and published by law was noted and the public hearing was opened. 12, Inn, area view At the Mayor's request, the Deputy Clerk read a December 1983, letter received from Juris Mindenberg, owner of the Breeze which stated that while increasing public access to the waterfront would be beneficial, sixteen foot structures obstructing the water or existing businesses would be detrimental. JOHN SMITH, manager of the Breeze Inn, appeared from the audience and stated that he was opposed to the boardwalk business idea but was not afraid of "rair" competition. Smith also expressed concern over devoting some of the present parking area to future boardwalk businesses when there was not enough parking already when the harbor is in its busy season. Smith asked Council to take another look at the boardwalk business idea. DALE CLEMENS, Marina Subdivision, Seward, appeared from the audience and presented several reasons why he was opposed to waterfront boardwalk businesses; (1) the present Small Boat Harbor parking needed to be protected, (2) new businesses should be developed beside present businesses, not in rront of them, so as not to detract from the waterfront views, (3) the staging area needed for trucks unloading merchandise to boardwalk businesses would eat up even more or the present parking available, (4) and lastly, Clemens did not want to have to look from his present business into the backs or ruture buildings nor at their garbage cans. Clemens stated that a Small Boat Harbor plan developed by Hewitt, Loundsbury & Associates should be used as the guideline for present businesses. He also stated that he was not opposed to the boardwalk only to the structures on the boardwalk; he relt that the rest or the Harbor plan was good. TIM PFLEUM, City Special Proj ects Engineer, Mile 2S, Seward Highway, appeared from the audience and stated that he felt that the unsightly trash storage by future boardwalk businesses and the increased demand I I I "" ...~ r PAGE 179 REGULAR MEETING - DECEMBER 12, 1983 VOLUME 20 ror parking were two reasons to reject the boardwalk business idea. He stated that he would like to see the area behind the boardwalk be developed. CHRIS DINNAN, 6th Ave., Seward, appeared from the audience and spoke against shops along the waterfront stretch as they would not be aesthetic. No one else appeared rrom the audience in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: Ord. 1. Copies having been made available to the public, Cripps noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTAB- LISHING THE HISTORIC DISTRICT IN DOWNTOWN SEWARD Schaefermeyer stated that this proposed ordinance was introduced by Councilmember Williams. Williams then noted her December 12, 1983, memorandum, which was available ror the public and had been distributed to Councilmembers, listing the reasons a derined historical district in Seward would be beneficial. In response to questioning, Williams explained that once a building had been recognized as historical it could still be torn down. Also fire codes in regard to exits could be relaxed but not to the point of jeopardizing safety of lire. Fire wall regulations between buildings would remain the same. Schaerermeyer stated a few amendments to the ordinance as proposed could be made so as to include the Ferry terminal in the historical district as derined and that Armstrong Avenue should read Railway Avenue. It was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to introduce proposed Ordinance No. SI9 and set the public hearing for the regular Council meeting or January 9, 1984. B. Ordinances ror Public Hearing and Enactment: C. Resolutions: Copies having been made available to the public, title only Resolution No. 83-91, as amended, to be required by an approved motion at the November 28, 1983, meeting, entitled: SBH/Reso. 1. Cripps noted by reconsidered as regular Council A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE SMALL BOAT HARBOR UPLANDS MANAGE- MENT MASTER PLAN Because the general opinion of the Council was that a specific architec- tural design and criteria plan should be decided upon before any boardwalk development take place, City Attorney Arvidson was asked to provide the wording for a motion to guarantee such a plan would have to be presented to Council prior to actual development. RECESS: The meeting was recessed at 9:15 p.m., reconvened at 9:25 p.m. It was moved by Wilson, seconded by Meehan and unanimously carried to amend Resolution No. 83-91, as amended, to include the rollowing state- ment under Section 1.: ";provided that no leasing or other development of the boardwalk areas take place without prior approval by the Council (after public hearing) or the development plan ror those areas with such -ro r'. t> PAGE 180 REGULAR MEETING - DECEMBER 12, 1983 VOLUME 20 restrictions as may be necessary to enhance future development without unduly detracting from existing uses of adjoining areas." Meehan then asked that a work session be planned with the City's Engi- neering department in the near ruture to discuss a architectural plan. Gillespie withdrew a motion to include the Fourth Avenue extension arter Schaefermeyer asked that it be considered at the next regular Council meeting. [memorandum noted under agenda item VII. (B)) Reso/Contract#074/ FIood Cripps noted Control 2. 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, AWARDING A CONTRACT FOR THE LOWELL CREEK TUNNEL RECONSTRUCTION PROJECT. City Engineer, Dooley, noted a December 12, 1983, memorandum from himselr, which explained that the bids ror the project were opened December 8, 1983, 11:30 a.m. and that the allowance for the project was $I.S million. Also noted was a December 12, 1983, letter from Red Samm Construction, Inc. regarding a ten percent reduction in total bid amount ror the Lowell Tunnel Reconstruction. Dooley then introduced Red Samm representatives, Jim Tripp, Project Manager, and Burton Reanier, Vice-President. Reanier provided each Councilmember a December 12, 1983, letter regarding a concurrent-with-award reduction of the total bid amount to $1,499,881.00 with the provision that Red Samm Construction perrorm the shotcrete work, and asked Council to disregard the previously distributed letter. Using charts, Reanier explained how Red Samm Construction was able to reduce its bid amount by eliminating the mandatory requirement for the inclusion of BMI from Pennsylvania as the sole shotcrete subcontractor ror this project and to allow Red Samm Construction to apply the patented Anvil-Top material. Dooley explained to Council that CH2M Hill was contracted by the City to decide what the best long-term "fix-it" procedure for the Lowell Creek Tunnel would be. CH2M Hill reported that a peculiar type or shotcrete, Anvil-Top, would be the most successful, long-term material for lining the tunnel. Consultations with Acres/Hanscomb, CH2M Hill and Master Builders revealed that the success of the Anvil-Top adhering to the applied surrace required a particular application process and in order to eliminate the learning curve, BMI, a contractor with a reputation for successful Anvil-Top work, had been specified as the sub-contractor in the bid requirements. Reanier stated that there was no magic in shotcrete work and that the company producing Anvil-Top required its own specialists to be present during the application process. Dooley stated that the methodology of selecting a successful bidder had been recorded prior to the bid opening and it had been explained at the mandatory pre-bid conference; therefore in order to maintain the integrity or the bid process, that methodology should be followed to select the successful bidder. Schaefermeyer stated that the Administration supported the recommendation of CH2M Hill and Acres/Hanscomb to subcontract the Anvil-Top application to BMI. Williams expressed the opinion that to speciry a subcontractor was wrong, but the bid requirements were advertised that way and the Council was now stuck with it. Meehan stated that if one contractor (Red Samm) was allowed to adjust its bid, all contractors should be given that chance. It was then moved by Meehan, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 83-92, awarding the Lowell Creek Tunnel Reconstruction project to Swalling Construction, of Anchorage, in the amount or $1,464,516.00. x. UNFINISHED BUSINESS: None PAGE 181 REGULAR MEETING - DECEMBER 12, 1983 VOLUME 20 XL NEW BUSINESS: OTS/ A. December 8, 1983, memorandum rrom Schaefermeyer regarding a right-or-way encroachment on Lots 21-22, Block 13, Original Townsite of Seward, and a November 28, 1983, letter rrom First Alaskan Mortgage and Escrow, Inc. requesting the Council's non-objection ror continuance of the encroachment, were noted. Schaerermeyer stated that the Council's past practice has been to approve continuance or existing encroachment into City right-of-way ror the life of the encroaching structure or or the loan, whichever terminates first. It was moved by Wilson, seconded by Hilton and carried as follows to grant continuance of the encroachments described in the as-built survey performed by Robert A. Summers on November 3, 1980, on Lots 21 and 22, Block 13, Original Townsite, Seward, ror the useable lire of the building (structures) or or the loan whichever rirst occurs, in ravor or Dennis C. Ricker and Patricia J. Ricker and First Alaskan Mortgage and Escrow, Inc. and its successors or assigns: I AYES: NOES: ABSTAIN: Cripps, Hilton, Meehan, Williams, Wilson None Gillespie NOTE: Gillespie abstained, stating that according to the as-built survey, his company had been connected with Dennis Ricker. XII. CITY MANAGER REPORTS: Schaerermeyer stated that he had received a request from Anderson Tug and Barge to place a mooring buoy in the tidelands east of the Alaska Railroad Pier (ARR). He explained that the administration recommended approval as there once had been a buoy in the requested location and it was not in the shipping channel. Cripps, with the consent of Council, voiced non-objection to the placement of a mooring buoy by Anderson Tug and Barge in the tidelands east of the ARR pier on an annual permit basis. I Schaerermeyer also listed the guest speakers scheduled for the next three Chamber luncheons and invited Councilmembers to attend. Schaerermeyer reported that $14 million ror the Seward electrical intertie, on a loan basis, had been proposed ror inclusion in the Alaska Power Authority budget. XIII. COUNCIL DISCUSSION: WILLIAMS requested that the public hearing on proposed Ordinance No. SI9 be postponed until the second Council meeting in January as she would be unable to attend the January 9, 1983 meeting. Cripps, with Council consent, changed the public hearing date on the proposed Ordinance to January 23, 1983. Williams also stated that she would like to see the City's bidding procedures "cleaned up". WILSON stated that he felt that City Fire Chier, John Gage, and the local volunteer fire department should be commended in their recent training efforts. CRIPPS reminded the Council that the December 26, 1983, meeting had been cancelled and wished everyone a happy holiday season. I XIV. CITIZENS' DISCUSSION: City Engineer/Utilities Manager, Dennis Dooley, appeared the audience and stated that he had resigned his position with the to attend to personal matters in Anchorage and as this was his Council meeting, he wanted to thank the Members and say that it had a pleasure working with them. rrom City last been ,~K7 PAGE 182 REGULAR MEETING - DECEMBER 12, 1983 VOLUME 20 XV. ADJOURNMENT: The meeting was adjourned at 9:S0 p.m.; and, after a short recess, the Council reconvened in Executive Session to discuss a person- nel matter. VOLUME 20 The January was cancelled 4. . '"::t: 9, 1984, regular meeting of the Seward City due to a lack or a quorum and rescheduled for ,~ as.. )A c;tty 'Cle (~J:"l~ , d~c;l-~" %"ffC m r.\ ',;10' ------g~~~~~~~~~------------------------------------------------------ PAGE 182 ',,," REGULAR MEETING - JANUARY 16, 1984 VOLUME 20 1. CALL TO ORDER: The January 16,1984, 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 Gillespie, Hil- ton, Meehan, Swartz, Williams and Wilson Present also: City Manager Schaerermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: It was moved by Meehan, seconded by Gillespie, and unanimously carried to approve the December 12, 1983, minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request of the City Manager, it was moved by Meehan, seconded by Gillespie and unanimously carried to conduct an executive session immediately rollowing the close of the regular meeting to discuss a financial and legal matter relative to VECO. Cripps requested that Item VIII (C) be deleted from the regular meeting agenda; Bob Valdatta, who was scheduled to speak, was unable to attend the meeting. It was moved by Gillespie, 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: