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HomeMy WebLinkAbout1984 City Council Minutes PAGE 183 REGULAR MEETING - JANUARY 16, 1984 VOLUME 20 C.ATTY: 1. Invoice from Hughes, Thorsness, Gantz, Powell & Brundin for legal services rendered in November, 1983, totalling $4,691, was approved for payment and riled; 2. ABCB notirication of application ror renewal of liquor licenses as riled by the Breeze Inn Hotel & Motel, Thorne's Showcase Lounge, Yukon Liquor Store, Dreamland Bowl, the American Legion Club Post 5, the Palace Saloon & Hotel, and the Sourdough Room/Van Gilder Hotel, were riled without objection; ABCB: (STATE LICENSING) III ST.LICENSING: 3. Applications ror permits ror Games of Skill & Chance as filed by Sacred Heart Parish, Seward High School, Mara- thon Homemakers, and Wes-Gen Auxiliary, were filed without objection; and CENSUS: 4. December 23, 1983, letter from Department or Community & Regional Afrairs setting the City's FY 84 population at 1828, was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assemblyman Jonathan Sewall gave a verbal report or the Assembly meeting of January 3, 1984. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: (With prior notice only) I ELEC.DEPT/ A. Prior to introducing the scheduled speaker ror a ~iscussion or funding alternatives ror the City's needed powerline improvements, Garzini explained that the City's power problems were not new and had not been caused by any sudden crisis; rather, Seward's steady increase in rate or consumption coupled with an aging system had brought about the current shortage of power. He added that, even with State aid, solving the City's power problems would be expensive and would mean increased electric rates. Bill Toskey, Acres/Hanscomb, reviewed the Ebasco study which had been approved by Council in November, and using visual aids compared the City's present system with the proposed new system with projections figured for high, medium and low growth. He noted that the total cost of construction or the new system, including design and administration, would be approximately $IS Million. Without State aid, the City would have to bond the total amount, necessitating an initial $O.OS per kwh increase in electric rates. With a SO percent grant from the State, the City would have to bond $7.S Million and would need an initial $0.025 per kwh rate increase. With proj ected high growth in consumption, the City could hope to see a steady decrease in the charge per kwh. (Toskey explained that the rate increases had been estimated using a projected bond rate of 10 percent, an inflation rate or 0, and a term of 30 years.) Toskey noted that design or the system would be completed within a couple or weeks, permitting would be complete by the second week in March, and routing alternatives had been resolved throughout the entire Right-or-Way. He added that he expected to begin construction by the rirst or April with completion scheduled berore year's end. Garzini stated that the City Charter requires the voters to approve Revenue bonding; however, the City cannot initiate the election process until it is known how much funding can be expected from the State. He added that he would be coming to the Council soon to request approximately $200,000 to begin right-or-way clearing. He further stated that he would be going to Juneau soon to present the City's case to the Legislature and to request a supplemental grant to aid in con- struction. I C OF C: B. Dave Cich, Executive Director of the Seward Chamber of Commerce, outlined for Council the Chamber's proposed FY 84 budget. He noted that the Chamber had changed its riscal year to coincide with the calendar year and had for the first time included the Salmon Derby PAGE 184 REGULAR MEETING - JANUARY 16, 1984 VOLUME 20 budget in its general budget. the FY 84 budget: The following additions had been made to $8,000 4,600 Contingency Fund (Silver Anniversary activities) Visitor Inrormation Director (Compen- sation ror Elizabeth Mahan) Outside bookkeeping service 4,000 Wilson stated that he was encouraged to see a reduction in the Chamber's reliance on the City. Cich briefly outlined some of the Chamber's past projects, noting its more active political role and its recent errorts to aid the City economically with its participation in the Prison Task Force and its efrorts to gain voter approval for the issuance of Indus- trial Revenue Bonds. After introducing the new Chamber Board, Cich stated that he had resigned his position effective January 31 and wished the Council and the City well. C. Deleted RECESS: The meeting was recessed at 8:32 p.m.; reconvened at 8:4S p.m. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances ror Introduction: None B. Ordinances ror Public Hearing and Enactment: None C. Resolutions: POLICE DEPT/GRANTS/ 1. 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, AUTHORIZ- ING THE PURCHASE OF FOUR RADAR UNITS FOR THE POLICE DEPARTMENT WITHOUT FULL UTILIZATION OF THE BID PROCE- DURES SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE. Schaefermeyer explained that 3 of the radar units would go to other police departments--The Seward Police Department had been selected by the Department or Public Sarety as agent ror preparing and accepting the grant ror all 4 units. Upon the recommendation of the City Manager, it was moved by Hilton, seconded by Swartz and unanimously carried to approve Resolution No. 84-1. EASEMENTS/ LAUB. SUB/ Cripps 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, GRANTING MR. BERNARD HULM A RIGHT-OF-WAY ACROSS CITY PROPERTY IN THE LAUBNER ADDITION TO ACCESS PRIVATE PROPERTY. Administrative Assistant Kerry Martin noted that a public hearing on the proposed right-or-way easement had been held and that the only adverse comment received was the suggestion that the width or the easement be reduced. The City had opted to continue with the proposed 40-foot easement in order to allow room ror snow removal and plowing. It was moved by Meehan and seconded by Swartz to approve Resolution No. 84-2, granting a Right-of-Way to Bernard Hulm. Wilson moved to amend the resolution by adding a clause which would require that Mr. Hulm re- imburse the City in an amount equal to rair market value of the land involved; the motion died for lack of a second. The Council voted unanimously to approve Resolution No. 84-2, effective February 1S, 1984. "1: '"j f" PAGE 18S REGULAR MEETING - JANUARY 16, 1984 VOLUME 20 ELEC. DEPT /RESO: 3. 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, ESTAB- LISHING RATES AND CHARGES FOR ELEC- TRIC POWER FOR THE PERIOD COMMENCING JANUARY IS, 1984. I City Manager stated that this resolution would remove the 10 percent surcharge currently billed to utility customers outside the City limits. He explained that the original surcharge had been added to customers outside the City to defray the cost or line extensions and system improvements with the understanding that the debt would be satisried in 10 years and that the surcharge would be removed at that time. Since the IO-year deadline had long since passed and since a study of mainte- nance costs had indicated no signiricant dirference in providing electric service in and outside the City, the administration was re- questing that the surcharge be eliminated. Meehan and Williams dis- agreed stating that the extra mileage and time involved in maintaining the service outside the City (reading the meters and effecting necessary repairs) was costlier than providing the same service inside the City and the citizens or Seward should not have to subsidize utility service for rural residents. Gillespie noted that when dealing with the utility the Council should not consider the corporate boundaries or the City but should think in terms or the entire service area. Following further discussion, it was moved by Swartz, seconded by Gillespie and carried as rollows to approve Resolution No. 84-3: AYES: NOES: Cripps, Gillespie, Swartz and Wilson Hilton, Meehan and Williams SBH/LAND USE PLAN/ 4. Copies having been made available to the public, RESO: Cripps noted by title only a proposed resolution entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE SMALL BOAT HARBOR UPLANDS MANAGE- MENT MASTER PLAN. Martin noted that the requested amendment to the SBH Master Plan had been requested by Gillespie and would include an extension of Fourth Avenue from North Harbor Road through to Old Airport Road and would be used for local traffic to and rrom the Seward Industrial Park. He added that the right-or-way would have to be surveyed berore the accessway could be constructed. It was moved by Gillespie, seconded by Hilton and unanimously carried to approve Resolution No. 84-4. SENIOR CITIZENS/ 5. 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, APPROPRI- ATING FUNDS TO SUPPORT THE ACTIVITIES OF THE SEWARD SENIOR CITIZENS, INC. I Garzini noted that this resolution had been prepared and introduced at the request of Gillespie. He recommended approval but cautioned that the City could not be expected to make up for State runding cuts on an annual basis. It was moved by Gillespie, seconded by Meehan and unani- mously carried to approve Resolution No. 84-S, authorizing a $S ,000 grant to Seward Senior Citizens, Inc. x. UNFINISHED BUSINESS: None XI. NEW BUSINESS: CON-034: A. December 29, 1983, memorandum rrom City Engineer Dooley recommending approval of a $20,000 change order to the City's contract 186 PAGE 186 REGULAR MEETING - JANUARY 16, 1984 VOLUME 20 with CH2M Hill for design or the Lowell Creek tunnel rehabilitation project was noted. Garzini explained that the City and Acres/Hanscomb had some concerns about the design as presented and would like to have the design rirm involved in the inspection process to monitor the actual rehabilitation and make design changes as necessary during the course of construction. He added that, unless there was a break in the weather, it would be necessary to come back to Council with a request ror a schedule change. (Heavy rains had mad~ it impossible to begin the rehabilitation.) Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried to approve the change order to CH2M Hill ror Lowell Creek tunnel rehabilitation in an amount not to exceed $20,000. C.ENGINEER: B. January 4, 1984, memorandum from Garzini recommending Council conrirmation or his appointment of Paul Diener to the City Engineer/Utilities Manager position was noted. Garzini explained that, from a field of 28 applicants, Diener as by far the most qualiried ror the job and he asked Council's endorsement. It was moved by Gillespie, seconded by Swartz and unanimously carried to conrirm the appointment of Paul Diener to the City Engineer/Utilities Manager position. XI 1. CITY MANAGER REPORTS: Garzini noted the following: Work is beginning on an RFP for development of Gateway Subdivision. The firm of Foster & Marshall is preparing a report for Commissioner Endell outlining Seward's role in respect to the proposed prison. Seaways is to begin construction in Seward in 2 weeks and will be opening a Seward office by the end of the month. The concerns expressed in the Anchorage newspapers relative to the export or coal to Korea are not as significant as reported. He added that the Koreans had asked the State to expedite its schedule. Commissioner Lyon's trip to Korea should allay any or the State's concerns. He suggested that the Council consider a non-action oriented work session to discuss what is happening in Seward and to assign tracking teams for various projects and activities. XIII. COUNCIL DISCUSSION: WILSON suggested that now was the time to think about dedicat- ing the Second Lake area as a public park. Schaefermeyer noted that the Planning and Zoning Commission had taken the first step toward that end by requesting that the Borough initiate a rezone of that area to Public (P) designation. Wilson also suggested that the City invite the Borough Assembly and the City Councils or cities on the Peninsula to visit Seward this spring ror a tour of the City's various projects. MEEHAN asked the administration to invite various multi-channel television systems in an errort to service to Seward. proposals from bring better TV GILLESPIE asked that the Public Works Department be asked to keep a closer watch on the holes in the streets. SWARTZ asked Police Chier Bencardino ror the status of the City's disaster planning errorts, in particular the availability of an escape route out of the City. Bencardino explained that the City would be having a disaster drill in April. He added that the escape route was no longer feasible--The City was now working toward having several "sare" places in designated areas which could be used by citizens in those particular areas as a refuge. Garzini instructed Bencardino to prepare a document outlining this system ror Council. ., (~r.~ PAGE 187 REGULAR MEETING - JANUARY 16, 1984 VOLUME 20 I CRIPPS stated that he had attended the Statehood Day cele- bration in Fairbanks. He also stated that he believes that he has located an artillery piece ror the Ft. Raymond monument. He then reported on the status or the "barge-naming" contest initiated by the City at the local schools in an effort to name one of two Seaways barges. Seaways had decided to name the first barge "City of Seward", and Cripps asked that Swartz represent the City at the christening. The S-member selection committee had narrowed to three the rield of names ror the second barge--Phoenix II, Interior Gateway and Resurrection Bay. The student submitting the winning entry--to be selected by Seaways-- would be rlown to Seattle with a parent or guardian ror the christening or that vessel. XIV. CITIZENS' DISCUSSION: None XV. ADJOURNMENT: The meeting was adjourned at 9:45 p.m. the Council reconvened in executive session to financial matter relative to VECO. Arter a short recess, discuss a legal and ",') (City Seal) \ ,,['.. J' ; , ~ . I (.t" --------------~~~~~------~~~- ---------------.------------------------- PAGE 187 ',<.~.{~9P " " "ETING - JANUARY 23, 1984 VOLUME 20 I 1. CALL TO ORDER: The January 23, 1984, regular meeting of the Seward Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. City II. OPENING CEREMONY: Councilmember Meehan led the pledge of allegiance to the rlag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Meehan, Swartz and Williams (Councilmember Wilson was absent with Council consent) Present also: City Manager Garzini, Assistant City Manager Schaerermeyer and City Clerk Murphy IV. SPECIAL ITEMS: I PORT DEV A. Cripps introduced Fred Peil, General Manager or Seaway Express and noted that Seaway had asked the City to provide names ror the two barges which were to service the Port or Seward. A committee or five had chosen "City of Seward" for the name of the rirst barge and had initiated a "barge-naming contest" in the local schools as a means or selecting a name for the second barge. Peil then announced that Coun- cilmember Swartz would be travelling to Seattle to christen the "City of Seward" in March. He presented Swartz with the bottle of champagne to be used in the christening ceremony. He then presented the Mayor with a check ror $1,000. payable to the City; Cripps in turn presented the check to Greg Moo, principal of Seward High School, and asked that the money be given in the form of a scholarship in the name of the City and Seaway Express to a graduating senior this spring. Peil then presented Shannon Pollard and Tifrany Gage, runners- up in the barge-naming contest, with rlowers, candy and individual checks in the amount or $2S0. Their entries were "Interior Gateway" and 188 PAGE 188 REGULAR MEETING - JANUARY 23, 1984 VOLUME 20 Phoenix II, respectively. The winning entry--"Resurrection Bay"--was submitted by Jessie Marrs. She received flowers, candy, a $500 check, and in addition will be the guest of Seaway Express in Seattle for the christening of "Resurrection Bay". Peil reported that "City of Seward" was 79% complete and rirst sailing had been scheduled for March 24. He added that Seaway would be opening its of rice in Seward February 1 and hoped to have its local staff in place by March 15. PROCLAMTIONS B. Cripps read a proclamation naming January 28, 1984, PRIVATE SECTOR INITIATIVE DAY in recognition or the individuals and businesses who had contributed to the construction or Kenai Peninsula shelter ror the victims of domestic violence. V. APPROVAL OF MINUTES: It was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve the January 16, 1984, regular meeting minutes as written. VI. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested the deletion of Item X(A)(I) [Introduc- tion of proposed Ordinance No. 520] rrom the regular meeting agenda and the addition of Item XIII(A) [Discussion relative to VECO, Inc.]. It was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve the regular meeting agenda as amended and the consent calendar as presented and the following actions were taken: FINANCE 1. Finance Department's list or accounts ber, 1983, totalling $1,027,597.28, payment and filed; payable for Decem- was approved ror ABCB 2. ABCB notirication of application ror renewal of liquor licenses as filed by Pioneer Bar, Tony's Bar, Tony's Liquor Store, Pioneer Liquor Store and Yukon Bar, were filed without objection; and LOCAL ORG 3. Application ror permit ror games of skill and chance as riled by Seward Women's Bowling Association was filed without objection. VII. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report or the Assembly meeting or January 17, 1984. VIII. PUBLIC HEARINGS: A. Schaerermeyer noted that the Council was sitting as a OTS Board of Adjustment to hear an appeal of the decision of the Seward Advisory Planning and Zoning Commission to grant a conditional use permit and two variances to Real Daigle and Jerald Briske for the construction or 13 units of residential housing on Lots 26-30, Block 22, Original Townsite of Seward, as filed by Ronnie L. Lewis of Seward. He added that Council had the option or either upholding or overturning the decision or returning the matter to the Planning and Zoning Commission for development of the record or for reconsideration. City Manager noted ror the record that the Administration had been supportive or the applicants rrom the beginning, adding that it is the Administration's position that the staff should extend its help to anyone having trouble complying with the bureaucratic process. He stressed that the original applications had presented no technical problems. Notice of public hearing as posted and published by law was noted and the public hearing was opened. RONNIE LEWIS, 417 Sixth Avenue, Seward, appeared from the audience and testified in opposition to the Commission's decision to grant the variances and conditional use permit. He stated that the applicants had failed to follow the provisions of Section 21.78.330(b) of the KPB Code [a precise description of the variance requested had not been stated on the application] and Section 21.78. 290(b) [the legal ~',- '^' PAGE 189 REGULAR MEETING - JANUARY 23, 1984 VOLUME 20 I description on the original CUP application was not a valid one]. He added that, since the original applications were not stamped "Received" by the City, any action taken on them should be considered null and void. Lewis further contended that the public had been denied the right to comment on the issue at the December 14, 1983, meeting when the decision was made. He closed by stating that the Commission had erred in considering "financial hardship" as a basis for granting the conditional use permit, and added that allowing the variance reducing the size of the parking spaces would set a "dangerous precedent". LEWIS HASTY, Seward, voiced his opposition to the project, stating that snow accumulation in the alley behind the proposed apart- ment complex would create a hazard ir access was blocked. He further noted that the combination of the post or rice and the apartment building would create a trafric problem. HARRY GIESELER, 608 Second Avenue, representing the American Legion, spoke in opposition to the proposed apartment building. He noted that the Legion plans to add an addition to its present racility and that parking would become an even more pressing problem at that time. He added that the Legion was concerned that excess parking from the apartment property would "spillover" onto Legion property. JERALD BRISKE, the applicant, appeared from the audience and asked that the Council uphold the decision of the Planning Commission. He noted that he had rollowed all or the rules provided in the zoning code. He rurther stated that "financial hardship" had never been mentioned during the hearing or the deliberation--the applicants had stressed "economic feasibility". Briske stated that the parking problem was a "two-way street". He closed by stating that his project was a good one and that he intended to do a good job on it. DOUGLAS MCFADDEN, American Legion Commander, appeared from the audience and voiced the Legion's objection to the project, stressing the impact of inadequate parking. No one else appeared rrom the audience in order to be heard and the public hearing was closed. Williams stated that she was opposed to granting variances on any new construction. She further stated that the existing foundation should not have been a determining factor in considering the original applications. In response to a question rrom Gillespie, Schaefermeyer stated that the revised applications submitted to the Commission ror review at the December 14, meeting contained no additional requests--They were submitted to provide additional inrormation ror the Commission's consid- eration. He rurther stated that the Commission had not intentionally prohibited public testimony. The public hearing had been held on November 9. At the close of the hearing, the Commission had asked that the applicant (who was not present at that time) appear at the December 14, meeting to answer some questions regarding the applications. At that time, there had been no verbal request to be heard rrom the audi- ence. Gillespie noted that the zoning code provides ror the granting of variances and that the City cannot arbitrarily deny variances on new construction. He added that ir the developers placed the parking spaces against the building, there would be no need ror a parking variance. Garzini noted that the parking spaces were placed 4 reet rrom the building ror aesthetic purposes. Hilton objected to the project, stating that in his opinion 17 parking spaces were not adequate for a 13 unit apartment building. Gillespie pointed out that the Code requires only I~ spaces per unit; thus, 17 units would be sufricient. Cripps stated his objection to placing either the Commission or the Council in a "judgmental" capacity. He added that if the Code is unreasonable, the Code should be changed. He cautioned that the City should abide by the ordinances that we have and vary as little as possible. Gillespie and Meehan voiced their support ror the Commission and their belier that the Council should uphold its findings. Hilton noted that only 5 members had been present for the vote, and only 3 had voted in favor of granting the conditional use permit and the variances. It was moved by Gillespie, seconded by Meehan and failed to carry as rollows to uphold the Planning and Zoning Commission's granting of 2 variances and a conditional use permit to Jerald Briske: I I 190 PAGE 190 REGULAR MEETING - JANUARY 23, 1984 VOLUME 20 AYES: NOES: ABSENT: Gillespie, Meehan and Swartz Cripps, Hilton and Williams Wilson NOTE: The following day, research conducted by the City Attorney and the Administration revealed that a tie vote on an appeal has the efrect of upholding the decision of the lower body. Therefore, the decision of the Commission to grant the two variances and the conditional use permit was upheld. AVTEC B. Notice of public hearing as published an posted by law relative to the proposed dedication of land in the First Lake area to Alaska Vocational Technical Center (AVTEC) was noted and the public hearing was opened. JERRY BELL, 437 Third Avenue, Seward, appeared from the audience and asked Council to support the proposed dedication as pre- sented, adding that the compromise would allow AVTEC enough land for expansion while still preserving the core area ror recreational pur- poses. No one else appeared from the audience in order to be heard and the public hearing was closed. A resolution approving the dedica- tion was scheduled ror presentation and adoption on 02/13/84. RECESS: The meeting was recessed at 8:45 p.m.; reconvened at 8:57 p.m. IX. CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Deleted B. Ordinances for Public Hearing and Enactment: 1. At the request or Gillespie, proposed Ordinance No. SI9, establishing the Seward was postponed until the February 13 regular meeting. public hearing on Historic District. C. Resolutions: None X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. John Noble, Parks and Recreation Director, outlined his department's plans for development or the Seventh Avenue Greenbelt, the softball rields and the outdoor sports complex. Noble stressed the need for multi-use racilities, open areas and expanded camping areas. He added that he hoped to intertie the Iditarod Trail (running through the Greenbelt) with proposed trails in the Sports Complex area (schools and Gateway Subdivision areas) ror a total of 5+ miles of jogging trails. Garzini stated that by appropriating $100,000 per year to parks and recreation development, the City could see completion of these plans in 30 years. He added that SO% could be completed in 10 years. B. January 18, 1984, memorandum from Joe Gale, Finance Director, was noted. Garzini explained that the memo and attached list of delinquent utility accounts totalling over $2S Thousand had been provided to the Council only. He noted that, unlike other communities throughout the state, the City had a long tradition or not cutting power during the winter. He added that he would be coming to Council in the near future to request guidance in developing collection devices (such as publishing the names of delinquent accounts or discontinuing service to all but "hardship" cases). Williams noted that many of those listed , ,,1 PAGE 191 REGULAR MEETING - JANUARY 23, 1984 VOLUME 20 were "repeaters" with delinquencies showing rirst in the husband's name and then in the wife's name. She suggested that utility accounts be carried in both spouses' names. Council agreed that some form of action was needed to alleviate the situation. XII. CITY MANAGER REPORTS: I LEASE 025 A. Rod Christ, President of VECO, appeared from the audience and asked that Council stand by the VECO lease agreement and dock permit. He stated that VECO hoped to bring men and equipment to the area this Spring and that VECO would be ready to operate when the shiplift is in place. He added that VECO was willing to open nego- tiations on the current lease. Christ rurther noted that if the City opts to terminate its lease with VECO, the result would be at least a one-year delay in having an operational facility in the Marine Indus- trial Center. It was moved by Cripps, seconded by Meehan and unanimous- ly carried by all those present to terminate VECO's lease and dock permit erfective December 28, 1983. XII 1. COUNCIL DISCUSSION: HILTON asked the administration to begin taking steps ror the acquisition of land in the Second Lake area to be dedicated as a public park. GILLESPIE asked if the administration intended to continue with its plans to move the City shops. Garzini stated that he had already discussed this with Diener. The City hopes to make enough on the disposal or the area currently occupied by the shops to relocate the shops near the Rec Camp in Forest Acres. I WILLIAMS stated that the problems with attendance on the Planning Commission might be solved if the Commissioners were arforded some or the benefits now reserved for Council. Williams also ques- tioned the City's bid procedures and asked ror an explanation or same. SWARTZ suggested that a work session be scheduled to discuss the bid procedures; the work session was scheduled ror February 20, 1984, beginning at 7:00 p.m. CRIPPS stated that a Transportation Committee teleconference was scheduled ror January 27. He noted that Seward should be represent- ed on the managing board of the Alaska Railroad, and to that end he would be writing to Senator Pappy Moss, Chairman of the Transportation Committee, to ask ror his support. Cripps also stated that he had talked to Greg Moo, principal of Seward High School, about the possibil- ity of having a Junior Councilmember appointed once again this year. He also noted that the paintings in the hallway had come from grade school children in our Sister City of Obihiro, Japan. XIV. CITIZENS' DISCUSSION: BEV DUNHAM, Seward, appeared from the audience and stated this would be her last meeting as the owner of the Phoenix Log. chastised the City for not honoring its own when it was time to streets, buildings, barges, etc. that She name I HERMAN LEIRER, Seward, appeared from the audience and suggest- ed that the City increase the amount or the required deposit on utility accounts as a way of insuring against loss through delinquencies. XV. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. ~v Mayor . -j.i . .(. ~ < ,t.- ~ ~. -' ...') ~, ~' ;-,J 192 RESO PAGE 192 SPECIAL MEETING - FEBRUARY 9, 1984 VOLUME 20 1. CALL TO ORDER: The February Council was called to Gillespie. 9, 1984, order at special meeting or the Seward City 12:07 p.m. by Vice Mayor John F. II. OPENING CEREMONY: Councilmember Hilton led the pledge or allegiance to the rlag. III. ROLL CALL: Present were: Vice Mayor Gillespie and Councilmembers Hilton, Swartz, Williams and Wilson (Absent with Council consent were. Mayor. Cripps and Council- member Meehan) Present also: City Manager Garzini, Assistant City Manager Schaefermeyer and City Clerk Murphy IV. RESOLUTIONS: A. Copies having been distributed available to the public, Gillespie noted by resolution entitled: to Council and made title only a proposed A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRI- ATING FUNDS FROM THE GENERAL FUND- FUND BALANCE TO THE LOWELL CREEK STORM SEWER ACCOUNT AND APPROVING A CHANGE ORDER TO SWALLING CONSTRUC- TION. City Manager noted that th City had requested $3.1 Million from the Legislature to complete this project; funding cuts had resulted in a grant or only $2.2 Million. Based on CH2M Hill's initial studies and subsequent design ror repair of the tunnel, the Council had voted to award the contract for construction to Swalling Construction for a reduced contract amount or $1,464,516. Dave Baker, Acres/Hanscomb, explained that an inspection or the tunnel arter the water was diverted revealed much more extensive damage than had been expected. In order to complete the reconstruction and obtain the least probability of railure ror the most number or years, A/H was recommending a change order to the Swalling Contract in the amount of $412 ,IS9. This would permit the Contractor to cover the rloor or the tunnel with Anvil-Tip from end to end. Baker also stressed that completing the reconstruction of the tunnel at this time would result in a considerable cost savings to the City--If the work is not done now, the City will be forced to continue repairs next year, and mobilization costs alone could total $200,000. In response to a question from Gillespie, Schaefermeyer stated that the runds for the change order would come rrom excess earnings for FY84. Williams expressed her concern about the designer's liability ir the reconstruction was not completed this year. Schaefermeyer assured her that any loss resulting from a design failure would be covered by the design rirm. In response to questions rrom Wilson, Garzini stated that A/H had served the City well, adding that it would have been impossible for anyone to have roreseen the extent or the damage in the tunnel and the need for the additional work required to rully repair the tunnel. Bill Sheppester, Swalling Construction, appeared from the audience and stated that Council should be aware that his firm was not willing to provide all of the quantities mentioned in the A/H memorandum at the contract unit prices. He explained that he would have to reprice the materials and have them shipped to Seward at great expense and was, thererore, unable to estimate his costs at this time. In response to questions from Hilton, Schaefermeyer explained that Bill Toskey, A/H, had indicated that the rigures contained in his memo had been approved by the contractor. Following further discussion, it was moved by Wilson, seconded by Swartz and unanimously carried by all those present to table action I I I '" . ~ PAGE 193 SPECIAL MEETING - FEBRUARY 9, 1984 VOLUME 20 on proposed Resolution No. 84-6 until the February 13, 1984, regular meeting. Baker assured Council that his A/H would have rirm rigures to present to Council at that time. XV. ADJOURNMENT: at 1:00 p.m. PAGE 193 REGULAR MEETING - FEBRUARY 13, 1984 VOLUME 20 1. CALL TO ORDER: The February 13, 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 Meehan led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Meehan, Swartz and Williams (Absent with Council consent was Councilmember Wilson) Present also: Garzini, Assistant City Manager City Attorney Arvidson and City City Manager Schaefermeyer, Clerk Murphy IV. APPROVAL OF MINUTES: It was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve the January 23 and the February 9, 1984, minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager requested the rollowing changes to the regular meeting agenda: 1. Delete Item XII(A)--Toskey update on construction 2. Add Item IX(A) (I)--Introduction of proposed Ordinance No. S20, relative to disposition of city-owned property 3. Add Item IX(C) (3)--Proposed Resolution No. 84-6, approv- ing a change order to the Swalling Contract for Lowell Tunnel Storm Sewer Repair. Cripps requested the rollowing change to the regular meeting agenda: 1. Add Item IX(C)(4)--Proposed Resolution No. questing a socio-economic study of the 704-bed prison on the City of Seward. 84-10, re- impact of a 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: RESOjSTATE AGNCY & COMMISSIONS: 1. Resolution No. 84-7, requesting the appointment of Donald W. Cripps to the State Job Training Coordinating Council, was approved and riled; 194 PAGE 194 REGULAR MEETING - FEBRUARY 13, 1984 VOLUME 20 C.ATTY: 2. December, 1983, invoice from HTGP&B ror legal services totalling $4S2S.06 was approved ror payment and filed; C.CODE: 3. February 7, 1984, memorandum rrom the City Clerk request- ing runds to return the City Code numbering system to the original style was approved ror payment and filed; ABCB: 4. ABCB notirication of applications for renewal or liquor licenses as filed by the Flamingo Lounge and Pizza Apollo was riled without objection; ABCB: 5. ABCB notirication of request for transrer of liquor license from Martin N. Kowalski to Robert A. Garrett ror Dreamland Bowl was filed without objection; ST.LICENSING: 6. Application ror permit for riled by American Legion objection; Games of Skill and Chance as Post #5 was filed without 7. January 29, 1984, letter of thanks rrom Sharon Jean, Women's Resource and Crisis Center, was noted ror infor- mation and filed; 8. February 6, 1984, trip report as submitted by the City Manager was noted ror information and filed; 9. February 3, 1984, letter from Governor Sheffield's of rice relative to the City's opposition to SB 154 (collective bargaining for municipal employees) was noted for infor- mation and filed; and RE-029: 10. February 2, 1984, letter from Albert Kawabe reporting on the status or his development or Tract 2, Waterrront Tracts was noted ror information and filed. At the request or the City Manager, it was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to meet in Executive Session immediately following the close of regular business in order to discuss a personnel matter. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Representative Jonathan Sewall was not present. VII. PUBLIC HEARINGS: None **SPECIAL ITEM: In appreciation for her past C1V1C activities and her years or service to the community, Cripps presented to Beverly Dunham, retiring owner/editor of the Seward Phoenix Log, an Alaska Railroad print bearing an engraved dedication. VIII. CITIZENS' DISCUSSION: (With prior notice only) A. Dean Williams, president of the Seward Contractors Association, appeared from the audience and asked that Council consider establishing a Board of Adjustment to hear disputes which occasionally arise between contractors and the local building officials. He noted that the Uniform Building Code, adopted by the Council, prOVides for a Board or Appeal. Garzini stated that he had worked with Building Boards in the past and felt that the idea was a good one, adding that the only drawback in Seward was the lack of a broad base of professionals from which to draw for service on such a board. The Council instructed the administration to look into the development or a Board or Adjustment composed of qualiried, impartial citizens. I I I ~-., PAGE 197 REGULAR MEETING - FEBRUARY 13, 1984 VOLUME 20 Section 2.--Add $350,000 to the blank (Amount or Change Order to Swalling). Following lengthy discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to approve Resolu- tion No. 84-6 as amended. RECESS: The meeting was recessed at 8:38 p.m.; reconvened at 9:00 p.m. PRISON/RESO: 4. 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 A STUDY OF THE SOCIO-ECONOMIC IMPACT OF A 704 CELL MAXIMUM/MEDIUM SECURITY CORRECTIONAL FACILITY ON THE SEWARD COMMUNITY. Cripps voiced his objections to the resolution stating that never in the City's history had a socio-economic impact study been conducted prior to accepting new industry in the town. In response to a question from Gillespie, Garzini explained that the Council had held only one sche- duled and advertised public hearing on the prison issue, but prior to that meeting, the Council had instructed the Spring Creek Prison Task force to schedule and hold public hearings for the Council. Willard Dunham, representing the Task Force, stated that two such hearings had been held. The Clerk then read into the record a memorandum as prepared by Neal Fried, State Department of Labor economist, projecting the economic impact of the proposed prison facility on the City. It was moved by Cripps to approve the proposed resolution; the motion died ror lack of a second. x. UNFINISHED BUSINESS: A. The City Attorney clarified ror the record the outcome of the January 23, 1984, Board or Adjustment Hearing relative to an appeal of the decision of the Planning and Zoning Commission to grant a condi- tional use permit and two variances to Jerald Briske and Real Daigle for the construction or an apartment house on Lots 26-30, Block 22, Original Townsite or Seward. He explained that when Council is acting in a quasi-judicial manner, a majority vote is needed to overturn the deci- sion of a lower body (the Planning Commission); therefore, a tie vote serves to uphold the Commission. XI. NEW BUSINESS: WATERFRONT A. Garzini noted the January 31, 1984, letter from Steven J. TRACTS: MacSwain, proposing to purchase Tracts 5 and 6, Waterfront Tracts. MacSwain appeared rrom the audience and outlined his proposal to con- struct a IOO-unit motel/restaurant complex on the site. During the rirst phase or construction, he plans to construct SO units, creating 15-20 new jobs upon completion. The addition or large meeting rooms would pave the way ror Seward to play host to Winter conventions, thus stimulating the winter economy. In response to an inquiry rrom Swartz, he stated that due to the waterfront location, he was consulting with marine architects. MacSwain further stated that he was interested in purchasing the land (rather than entering into a long-term lease) on the advice or lenders, adding that banks are not inclined to rinance a $S-6 Million proj ect on leased property. In response to a question from Gillespie, Garzini stated that he was not opposed to sale of the property ir that is the only way to accomplish the rinancing of the proposed racility. Following further discussion, Council instructed the administration to proceed with the public hearing process needed to accomplish the disposal or the property. FINANCE DEPT: B. Garzini noted the February 1, 1984, memorandum from Finance Director Joe Gale relative to proposals received as a result or the City's RFP to provide audit services for a 3-year period. Gale noted that 12 rirms had been contacted; 6 proposals were received as a 198 PAGE 198 REGULAR MEETING - FEBRUARY 13, 1984 VOLUME 20 result of the RFP. In response to a question from Cripps, Gale noted that the City's relationship with Price/Waterhouse, current City audi- tors, had been a good one; he added that he felt this would be true with any of the firms responding to the RFP. Following discussion, it was moved by Meehan, seconded by Hilton and unanimously carried by all those present to accept the bid of Bigler, Kohler & Obendorf to provide audit services to the City of Seward for a rirst year amount or $14,980 including estimated out or pocket costs and ror a second and third year amount or $15,730 and $16,520 respectively including estimated out of pocket expenses. (Bigler, Kohler & Obendorf were the low bidders.) XII. CITY MANAGER REPORTS: A. Deleted--Rescheduled ror the February 27, 1984 meeting. FERRY: B. Garzini noted the January 19, 1984, letter from the State Department or Transportation relative to the State's desire to use Ferry employees instead of longshoremen to tie up and let go the Tustumena. Council instructed the City Manager to send a letter to DOT expressing the City's pleasure in being the home port for the Tustumena and its desire to continue the relationship, adding that the relationship or the Ferry with its employees and contract labor is in the hands of DOT. C. Garzini reminded Council that a hearing on the transrer or the Alaska Railroad was scheduled for February 17 in the conrerence room at AVTEC. Garzini also directed Council's attention to the draft commit- tee assignments which had been distributed prior to the meeting. He added that committee assignments would be further discussed at the work session scheduled for February 20. XIII. COUNCIL DISCUSSION: PRISON: HILTON requested an update on the status of the prison. Garzini stated that he had attended a meeting in Juneau last week with 5 Commissioners and several attorneys. Two rinancing alternatives had been discussed: 1) Funding through ASHA with DOT constructing the facility and the Department of Administration borrowing the runds; and 2) City of Seward financing and constructing the racility through the sale or certiricates or least participation with financing reviewed by the Department of Administration and construction reviewed by DOT. Garzini noted that neither the rinancial nor the moral obligation or the City binds a certiricate or least participation--The obligation to repay rests with the State. He added that the only remaining issue needing public hearing in Seward is the transfer of property to the State. MEEHAN asked the Clerk to include the entire attorney bill in the packets in the future. CRIPPS presented to the Council the Gold Pan Award for Indus- trial Development which the City had received from the Resource Develop- ment Council at its February 10, meeting. Cripps stated that he had spent three days in negotiations with Korea Shipbuilding and Engineering in Anchorage. At the conclusion or the meetings, he had signed a Memorandum or Understanding setting forth the conditions under which the City would recommend approval of a lease of City land at the Seward Marine Industrial Center. XIV. CITIZENS' DISCUSSION: PRISON: PAUL PAQUETTE, Lowell Point, appeared rrom the audience and voiced his objection to the Council's failure to approve the resolution proposed by the Seward Action Council. He stated that the City seemed more concerned with dollars than the social erfect of the proposed prison. He added that special attention should be paid to the effect an increase in population would have on the schools and the quality or education. BOB LINDVILLE, 203 Second Avenue, appeared from the audience and stated that he felt the City needed more inrormation about the impact such a large racility would have on a community the size of I I I 10r; PAGE I9S REGULAR MEETING - FEBRUARY 13, 1984 VOLUME 20 PRISON: B. Paul Paquette, representing the Seward Action Council, appeared from the audience and asked Council to consider adoption or a resolution requesting a socio-economic study of the erfects of a 704-bed prison facility on the City of Seward. Paquette read the proposed resolution into the record. Cripps explained that the proposed resolu- tion could only be considered under agenda item IX(C), noting that the resolution as presented by the Seward Action Council had been added to the agenda and would be considered later in the meeting. [See Item IX(C)(4).) IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: 1. Copies having been distributed to Council and 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, REPEALING AND RE-ENACTING CHAPTER 2, ARTICLE VIII, OF THE SEWARD CITY CODE RELA- TIVE TO THE DISPOSITION OF REAL PROPERTY. City Attorney explained that the ordinance had been drafted at the request or the Council in an erfort to make the procedures governing the disposal of property by the City less cumbersome and easier to under- stand while still adhering to those provisions set rorth in the City Charter. He noted that a new section had been added providing proce- dures for short-term leases or City property. Currently, these leases are subject to the same public hearing, publishing and posting require- ments as long-term leases. Following discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to introduce proposed Ordinance No. 520; public hearing rollowed by a vote for enactment or the proposed ordinance was scheduled ror the February 27, 1984, meeting. B. Ordinances for Public Hearing and Enactment: ORD/PLANNING: 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. Garzini noted that the changes requested by Council at the last meeting had been incorporated in the proposed ordinance. 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. It was moved by; Gillespie, seconded by Meehan and carried as follows to enact Ordinance No. 519: AYES: NOES: ABSTAIN: Cripps, Gillespie, Hilton, Meehan and Swartz None Williams NOTE: Williams abstained, stating that she had a direct rinancial interest in the enactment of the ordinance. C. Resolutions: RESO/TERM.ADD./ GATE- Cripps noted WAY SUB: 1. Copies having been made available to by title only a proposed resolution entitled: the pub lic, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING THE ADMINISTRATION TO PROCEED WITH THE PURCHASE OF LOTS 10,11 AND 196 PAGE 196 REGULAR MEETING - FEBRUARY 13, 1984 VOLUME 20 12, BLOCK 1, TERMINAL ADDITION, WITHOUT BENEFIT OF AN APPRAISAL. Garzini noted the February 8, 1984, memorandum rrom Administrative Assistant Kerry Martin recommending approval or the proposed resolution. He stated that Wilma Weber, owner or the subject lots, had agreed to sell the parcel to the City for $9,000. Purchase or these lots, along with the acquisition or the property currently owned by Donald L. Snellman [See agenda item IX(C)(2)] would make the City the sole owner of the new Gateway Subdivision, thus making development and marketing of the subdivision simpler. It was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 84-8. RESO/TERM.ADD/ 2. Copies having been made available to the public, Cripps GATE- noted by title only a proposed resolution entitled: WAY SUB/ JESSE LEE HTS SUB: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, FINDING IT IN THE PUBLIC INTEREST TO NEGOTI- ATE A LAND TRADE WITH MR. DONALD L. SNELLMAN FOR PROPERTY IN THE TERMINAL ADDITION (PROPOSED GATEWAY SUBDIVI- SION) FOR CITY OWNED LOT 4, JESSE LEE HEIGHTS SUBDIVISION ADDITION NO.2. Garzini noted the February 7, 1984, memorandum from Administrative Assistant Martin setting forth the terms for the proposed land exchange and recommending approval or the proposed resolution. Following discussion, it was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 84-9. RESO/CON-074: 3. 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, APPROPRI- ATING FUNDS FROM THE GENERAL FUND- FUND BALANCE TO THE LOWELL CREEK STORM SEWER ACCOUNT AND APPROVING A CHANGE ORDER TO SWALLING CONSTRUC- TION. Boyd Brownrield, representing Acres/Hanscomb, appeared rrom the audience and outlined the history or the Lowell Creek Tunnel project beginning with the Council's August 1982 decision to commission CH M Hill to inspect the tunnel, design the reconstruction and carry lhe project through award of a contract for reconstruction. He explained that CHZM Hill's initial inspection and design had not revealed the true extent of the damage later round in the tunnel. He attributed this to two fac- tors: 1) At the time of the initial inspection, the entrance to the tunnel had been covered with ice, making it impossible to ascertain the true size of the hole at that end of the tunnel; and 2) The initial inspection was carried out before construction or the diversion tunnel; therefore there was water running through the tunnel during the in- spection. An inspection carried out arter diverting the water this winter revealed much more extensive damage than had been expected--Not only was the hole much larger than anticipated, but in order to erfect a complete repair, 15,000 feet of rails (rather than the 1,000 feet called for in the original design) would have to be replaced. Brownfield rurther explained that, since the February 9 meeting, he had met with the contractor (Swalling) and had agreed on a contract change order price based on a stipulation that a "best effort" approach would be taken with no guarantee of completion by March 15. He added that time was a critical factor and that the Contractor needed an answer rrom the City by tomorrow (February 14). In response to a question rrom Gillespie, City Manager ex- plained that the resolution as presented should be amended as follows: Section 1.--Add $412,000 to the blank (Amount to be trans- ferred from the Fund Balance); and 1 f i (I , PAGE 199 REGULAR MEETING - FEBRUARY 13, 1984 VOLUME 20 Seward. doubled public He added that since the proposed since the initial public hearings, comment on the new proposal. size or the racili ty had the Council should solicit I DIANE BOLK, Second & VanBuren, appeared from the audience and stated that she was "disgusted" at the actions of Council. She added that the Seward Action Council had put a lot or effort in its attempts to see that a study or the efrects of the prison is conducted, and she relt the Council should not have "thrown (the resolution) out so quick- ly". VIRGINIA RANDAZZO, Camelot, appeared from the audience and questioned the information related in Fried's memo. Garzini explained that the rererence to fish processing employment rema~n~ng constant meant that industry would not be afrected by the location of the prison in Seward. Randazzo commented that those residents or Nash Road and Salmon Creek Road, though not City residents, should have a say in the location of the prison since they actually live closer to the prison than residents or the City. ETHEL BOTTCHER, Clearview Subdivision, appeared from the audience and stated that she had lived in Seward since 1969 and had been a member of the Seward Schools Parent Advisory Committee for the last 8 years. She noted that growth of the community would be a "plus for our schools", stating that more students would mean more teachers and a larger curriculum. Bottcher voiced her support for locating the prison facility in Seward. ANNA KRAMER, Salmon Creek Road, appeared from the audience and spoke in opposition to locating the prison facility in Seward until a complete study or the facility's impact on "parking, taxes and quality of life" could be studied. I PATRICIA DEGLEE, 203 Second Avenue, appeared from the audience and stated that she was a certiried teacher and was a qualiried regis- tered voter of Seward. She stated that she had chosen to live in Seward because of its location, the type of people living here, and the quiet, relaxed lifestyle. She stated that she reared that the prison would change the atmosphere or the town, that the schools would sufrer over- crowding, that the City would experience traffic problems, and that the crime rate would increase. She urged Council to approve the petition submitted by SAC. DAVID MILLER, Camelot, appeared rrom the audience and voiced his opposition to locating the prison in Seward without benefit of a thorough study of the impact it would have on the community. He noted that the town would have to contend with the relocation of families or prisoners (They would need "low-cost housing and jobs".), transients who were looking for work, and the effect the prison would have on the "mental outlook" of the town. He added that a study or the erfects would help the City avoid typical "boom-town problems". I KEITH CAMPBELL, Jesse Lee Subdivision, appeared rrom the audience and stated that as President or the Chamber of Commerce Board of Directors, he wished to reaffirm the Chamber's solid support of the location of the prison in Seward. He stated that the City is not ill prepared for an increase in population. He noted that the water and sewer systems can support a population of 10,000, and the hospital could easily support a town or 4S00. An increase in population would make the hospital a paying operation, thus relieving the taxpayers of the burden of subsidizing SGH through the sales tax levy. Campbell also noted that the schools are currently under-utilized and could well withstand the addition of new students. He closed by stating that the City had been planning for industrial development in the area ror 6 years and was well equipped to handle it. BRUCE TRYGSTAD, 319 Second Avenue, appeared from the audience and stated that he had moved by Seward in 1934. He accused the Seward Action Councilor trying to "stall this thing to death". He added that Seward needs a year-round payroll and urged the Council to continue its support ror the prison. 200 PAGE 200 REGULAR MEETING - FEBRUARY 13, 1984 VOLUME 20 RAY BURGESS, 439 Fifth Avenue, appeared from the audience and voiced his support for locating the prison in Seward. He noted that he had been pushing ror winter jobs and year-round employment since moving to Seward 8 years ago. Burgess added that during the course or public hearings prior to the selection or Seward as a prison site, the Council and the Task Force had "begged ror public input", stating that after working so hard to have Seward selected ror the site, he was "bothered by opposition at this late date". DENNIS SCHOLL, Dairy Hill, appeared from the audience and stated that he felt the Task Force had done a good job or bringing to light the pros and the cons of the proposed prison. He noted that initially he had been opposed to the idea of living in a "prison town", but a study or the issue had led him to believe that the positive erfects or the racility would rar outweigh the negative efrects. FRED WOELKERS, Day Harbor, appeared rrom the audience and stated that he had lived in the Seward area ror IS years. He voiced his objection to the City's proposed participation in the construction of the prison facility. He noted that the City bureaucracy was too large already and that the "City's job was to serve the City in City busi- nessll_ BOB LEARY, Mile 19y" Seward Highway, appeared rrom the audi- ence and stated that he had conducted an inrormal survey of his neigh- bors: Of 41 people contacted, 36 were in favor of locating the prison in Seward. He added that many or the letters to the editor appearing in the the Phoenix Log had made an issue of "some people in town getting rich on the prison". Leary stated that this was the "American way", adding that the "trickle-down erfect" would benerit the entire community. JERRY VIRCHOW, Mile 1, Seward, appeared rrom the audience and spoke in favor of locating the proposed prison in Seward. He stated that the prison and the increase in population would help defray both taxes and the cost of the power line upgrade which is scheduled to take place this summer. Virchow added that the City needs something to provide jobs, a tax base and year-round employment. BEVERLY DUNHAM, Forest Acres, appeared from the audience and stated that a study of the impact of the prison would solve nothing. She added that two academics studying the same issue would not neces- sarily have the same opinions. She noted that she had spent a "lot or time in a lot of prisons" during her tenure on the State Parole Board, and that prisons have been steadily improving. She further noted that, while there are a few "really bad prisons", there are also many very good ones. Dunham cited Lake Placid as an example of how a prison can fit into a tourist-oriented small town. ELEANOR MACDONALD, Nash Road, appeared from the audience and stated that she would be the closest neighbor to the proposed prison and had no objections to its location. She stated that she had been raised in a prison town in Kansas and found the prison to be a good neighbor. DAVE WILLINGHAM, Seward, appeared rrom the audience and stated that he hated to see the community divided on the issue. He added his support for the efforts made by the Task Force. HEIDI ROBICHAUD, Day Harbor, appeared rrom the audience and expressed her concern relative to a change from a tourist-oriented town to an industrial/commercial orientation. She cautioned that it might be harder to attract tourists to a "prison town". No one else expressed a wish to be heard, and Cripps closed the Citizens' Discussion by noting that all decisions made by the Council are based on what the people of the community want. XV. ADJOURNMENT: PAGE 201 REGULAR MEETING - FEBRUARY 13, 1984 VOLUME 20 I The meeting was adjourned at 10:35 p.m., and after a short ~::e::,:Z;. Council reconvened in ExeC~~i'CU" a. per,on- Donald W. Cripp' ~ Mayor VOLUME 20 1. The February 27, 1984, regular meeting of the Seward City Council was called to order at 7: 30 p.m. by Vice Mayor John F. Gil- lespie. II. OPENING CEREMONY: Councilmember Meehan led the pledge or allegiance to the rlag. III. ROLL CALL: Present were: Vice Mayor Gillespie and Councilmembers Meehan, Swartz, Williams and Wilson with Council consent was Mayor Cripps) Hilton, (Absent Present also: City Manager Schaerermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City I IV. APPROVAL OF MINUTES: carried meeting I t was moved by Meehan, seconded by all those present to approve the minutes as written. by Hilton and unanimously February 13, 1984, regular V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: I At the request or the City Manager, it was moved by Meehan, seconded by Hilton and unanimously carried by all those present to meet in executive session immediately following the close of regular business in order to discuss matters involving personnel and litigation. Garzini requested the deletion of Items XII (A) & (B) from the regular meeting agenda. He rurther requested a change in the Consent Calendar withdrawing his objection to Item 3. Schaerermeyer noted that the City had riled a letter with the Alcoholic Beverage Control Board objecting to the transfer of a liquor license from Billie and Julie Casey (Flamingo Lounge) to Julius R. and Leslie Simutis until such time as the Caseys' delinquent utility account was paid in full. Since filing the letter or objection, the attorneys representing the Caseys had provided the City a letter stating that, as escrow agents for the transrer of the license, they would guarantee payment to the City in the amount of $3314.51 upon actual transfer of the liquor license. The City was thererore withdrawing its objection so that payment could be made. Gillespie asked that Item S on the Consent Calendar be con- sidered in a separate motion, explaining that Councilmember Williams had expressed a direct financial interest in the subject property. It was moved by Swartz, seconded by Hilton and unanimously carried by all those present to approve the regular meeting agenda and the consent calendar as amended and the rollowing actions were taken: C.ATTY: 1. January 1984 invoice from HTGP&B ror legal services totalling $93S4.98, was approved ror payment and filed; FINANCE DEFT: 2. Finance Department's February 9, 1984, list or accounts payable totalling $1,724,306.63, was approved for payment and riled; 202 PAGE 202 REGULAR MEETING - FEBRUARY 27, 1984 VOLUME 20 ABCB: 3. ABCB notirication of application ror transrer of liquor license from Billy & Julie Case (formerly the Flamingo Lounge) to Julius Ray & Leslie Simutis (Latitude 60) was filed without objection; and STATE PERMITS: 4. Application ror permit ror games or skill and chance as riled by Resurrection Bay Lions/Lioness Club was riled without objection. Following discussion, it was moved by Wilson, seconded by Meehan and carried as rollows to BANIC REPLAT: s. Issue as requested a letter of nonobjection to permit the continued encroachment of Lot 17A, Block 9, Banic Replat improvements on the City's rights-of-way on Firth Avenue and Washington Streets as well as on the Alley: AYES: NOES: ABSTAIN: Gillespie, Hilton, Meehan, Swartz & Wilson None Williams VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall was not present and no report was given. VII. PUBLIC HEARINGS: TERMINAL ADDN/ A. Garzini stated that this would be the rinal public GATEWAY hearing prior to the introduction of resolutions approving the purchase SUB: of lots rrom Ms. Weber and the proposed exchange or land between Mr. Snellman and the City (Item B). The City was attempting to acquire all ownership rights to properties in the proposed new Gateway Subdivision. Notice or public hearing as posted and published by law was noted and the public hearing on the proposed purchase or Lots 10-12, Block 1, Terminal Addition, was noted; no one appeared from the audience in order to be heard and the public hearing was closed. TERMINAL ADDN/ B. Notice of public hearing as posted and published by law GATEWAY was noted and the public hearing on the proposed exchange of property SUB/ between Donald L. Snellman and the City was opened. (The City would JLH SUB:received Snellman's Terminal Addition holdings in return for a parcel of equal size in the Jesse Lee Heights Subdivision Addition No.2.) PAT WILLIAMS, 233 Seventh Avenue, appeared from the audience and asked that the Council consider buying Snellman's property outright rather than deeding part of the Jesse Lee Home property to him in exchange ror his property. She noted that the City had limited park areas and asked that Council consider holding this particular parcel in City ownership for use as a park. No one else appeared from the audience in order to be heard and the public hearing was closed. WATERFRONT C. Garzini noted that Steve MacSwain had appeared berore TRACTS: Council at its last meeting and had presented his proposal to purchase Tracts Sand 6, Waterrront Tracts, from the City. MacSwain had stated that he planned to develop a hotel/restaurant/lounge complex on the site and financing a project of this magnitude would be difricult under a lease arrangement with the City. Garzini noted that the proposal had merits and deserved study and public comment. Notice of public hearing as posted and published by law was noted and the public hearing on the sole source sale or this property was opened. JOHN SMITH, Bayview Subdivision, appeared rrom the audience and stated that he was in favor of a development such as the one Mac- Swain was suggesting but stated that ir the City allowed the sale of this piece of waterfront property he would like the opportunity to purchase the property he was currently leasing rrom the City. He asked n (\.-.., PAGE 203 REGULAR MEETING - FEBRUARY 27, 1984 VOLUME 20 that the Council develop some criteria ror leasing and selling City- owned property that was fair to all. I DALE LINDSEY, 704 First Avenue, appeared rrom the audience and stated that he supported the proposed sale of this property to MacSwain. He said that not only would he welcome the addition or a new hotel/ restaurant facility to the community, but the estimated 20 new jobs would be very good for Seward. He rurther noted that development or this sort would help ease the tax burden currently borne by the resi- dents of the community and urged the Council to get more of the City- owned lands on the tax rolls. He closed by saying that lending insti- tutions recognize that as Councils and Administrations change, so does City policy, making the financing or a large project dirricult under a lease arrangement. PAT WILLIAMS, 233 Seventh Avenue, appeared from the audience and expressed her opposition to the proposed sale of the property. She stated that she was opposed to development of any kind in the waterfront area and would like to see the beaches reserved ror the public. She added that if the Council wished to approve the development, she urged it to consider a long term lease rather than a sale of the property and rurther asked that the developers be required to leave the beachfront area open for the people. DENNIS SCHOLL, Dairy Hill, appeared from the audience and spoke in support of the proposed sale of the property. He noted that the sale of the property is the key to financing the project and added that the City's "way of doing business" (leasing) for the past 20 years should not dictate the way this transaction is handled. I ALBERT KAWABE, 522 Forget-Me-Not Circle, appeared from the audience and stated that while he was not opposed to the proposed new development, he was concerned about the City's intent to sell the property. He stated that, as a leaseholder in the Waterrront area, he felt Council should continue with its policy or granting long term leases. Ir the City should decide to sell the property, Kawabe noted that he would like to have the opportunity to purchase the property he is currently leasing. BOB GARRETT, 200 Firth Avenue, appeared from the audience and spoke in opposition to locating the proposed hotel/restaurant on Tracts S & 6. He added that not only would the complex block his view or the Bay, but the racility would be in direct competition with his planned addition of a bar and restaurant above the bowling alley. He further noted that the new development would eliminate much needed parking space in the Waterfront area. HAROLD DAVIS, 609 Third Avenue, appeared from the audience and spoke in ravor of the proposed new development and the sale or the property. He noted that the City has more waterfront area than most people realize and that the public would not be denied rishing rights in the beach area rollowing construction or the hotel. I STEVE MACSWAIN AND WAYNE CHERRIER, Anchorage, appeared rrom the audience and stated that they were requesting that the property be sold to them because the lenders they have contacted relative to rinanc- ing the proposed project have stated that they would prerer to lend against ree simple property. In response to a question from Wilson, MacSwain stated that there had been some informal discussions with the local Elks Lodge about the possibility or the Elks' locating a new racility adjacent to the proposed hotel, but no agreement had been reached. Asked by Gillespie about the possibility of the project going forward on a long term lease, Cherrier stated that "ir we can make the numbers work, we will go forward with a lease". No one else appeared rrom the audience in order to be heard and the public hearing was closed. It was moved by Meehan and seconded by Swartz to hold a second public hearing; upon hearing that another public hearing would be necessary before action could be taken, Meehan withdrew his motion. Upon the recommendation of the City Manager, this matter was rererred to the lands committee for review. "0,1 ~ L):: PAGE 204 REGULAR MEETING - FEBRUARY 27, 1984 VOLUME 20 VIII. CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances ror Introduction: None B. Ordinances ror Public Hearing and Enactment: ORD/CITY LANDS: 1. Copies having been made available to the public, Gillespie noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING AND RE-ENACTING CHAPTER 2, ARTICLE VIII, OF THE SEWARD CITY CODE RELA- TIVE TO THE DISPOSITION OF REAL PROPERTY. The City Attorney explained that the ordinance had been drafted and introduced to the Council in order to clean up the existing code pro- visions governing the disposal or real property making these provisions less cumbersome and time consuming. Notice of public hearing as posted and published 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. It was moved by Hilton, seconded by Wilson and unanimously carried by all those present to approve Ordinance No. 520. C. Resolutions: RESO/CITY LANDS: 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, ESTAB- LISHING CITY LEASE PROPOSAL PROCE- DURES. Garzini noted Administrative Assistant Martin's February 22, 1984, memorandum recommending adoption of the resolution. In his quest to establish some guidelines for accepting and processing lease proposals, Martin had resurrected Resolution No. 711, approved by the City Council on June 26, 1968, setting forth lease procedures. The proposed new resolution would rescind Resolution No. 711 and would establish stan- dards which could be applied to all prospective lessees. Garzini noted that the proposed resolution would require prospective lessees to deposit one-half the estimated rirst year's rental with the City as a deposit. From this deposit, the City would deduct all costs to the City for appraisals, lease preparation, advertising, etc., thus resulting in a cost savings to the City. Gillespie questioned the need ror the provision giving the prospective lessee a six month option on the property in question. It was moved by Meehan, seconded by Hilton and unanimously carried by all those present to amend proposed Resolution No. 84-10 by deleting the last sentence in Section 2(C) [relative to the six month option on the property]. On the advice of the City Attorney, it was moved by Meehan, seconded by Wilson and unanimously carried by all those present to rurther amend the proposed resolution by adding the following to the end or Section 2(D): "If the lease is neither approved nor disapproved at the end of 60 days, the deposit will be returned." It was then moved by Wilson, seconded by Swartz, and unanimously carried by all those present to approve Resolution No. 84-10, as amended. RECESS: The meeting was recessed at 8:4S p.m.; reconvened at 8:SS p.m. (., i'"'\~. PAGE 20S REGULAR MEETING - FEBRUARY 27, 1984 VOLUME 20 X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: I CLAIMS A. January 31, 1984, Seward High School meeting notes relative to establishing a "Junior Councilmember" position on the City Council were noted. The Clerk was instructed to meet with representa- tives or the high school in an effort to develop a workable plan to initiate student interest and participation in Council operations. FOR DAMAGES: B. February 22, 1984, memorandum from City Engineer/ Utilities Manager Paul Diener and accompanying claim ror damages as filed by William C. Simpson asking reimbursement from the City in the amount of $137.72 ror alleged damages to his television set were noted. Diener explained that the 220 volt circuit which caused the damage to the TV was apparently caused by the detachment of the neutral line which occurred when Simpson's service knob pulled away from a rotted facer board on his residence. In response to a question rrom Meehan, Diener explained that the City brings power to an individual's house, but the service itselr is the responsibility of the owner. Upon the recommenda- tion of the City Engineer, it was moved by Hilton, seconded by Wilson and unanimously carried by all those present to deny the claim for damages as riled by William C. Simpson. KPB ASSEMBLY: C. February 23, 1984, memorandum from the City Clerk rela- tive to the appointment or a representative to the Kenai Peninsula Borough Sales Tax Committee was noted. Garzini noted that it was imperative that the City be represented on the committee and suggested that, given the Hospital's direct interest in the City's sales tax revenues, the Council appoint SGH's administrator C. Keith Campbell; Council concurred unanimously. I CON-On: D. February 21, 1984, memorandum rrom Special Projects Engineer Tim Pflum requesting Council approval or a purchase order to Redi-Electric, Inc. for force account labor cost overruns was noted. Pflum related that Council had initially approved a total of $40,000 ror a day labor contract with Redi-Electric to perrorm end-of-season new service connections and primary line extensions. He noted that Redi- Electric was not aware or the $40,000 ceiling on the contract; when the City realized that this figure had been exceeded, all work was stopped. The actual cost or labor provided by the contractor exceeded the pur- chase order by $17,483.91; most or this would be returned to the City through customer billings. Following discussion, it was moved by Meehan, seconded by Wilson and unanimously carried by all those present to approve a purchase order to Redi-Electric, Inc. in the amount of $17,483.91 to cover labor, equipment and materials on completed elec- trical work. E. February 22, 1984, memorandum rrom Administrative Assis- tant Kerry Martin relative to a proposal from Dean Lust to lease Lot 7, Block 7, Marina Subdivision, was noted. Lust's proposal included plans to construct a two-story building which would house a sailboat brokerage office, repair racility, accessory sale orfice and a sailing school. Carzini stated that the proposal appeared to be ideal ror the harbor area. Council instructed the administration to proceed with nego- tiations, setting the public hearing on the proposed lease ror March 12, 1984. I XI1. CITY MANAGER REPORTS: A. Deleted B. Deleted C. Garzini asked the Lands Committee to review the drart of the Gateway Subdivision RFP so that advertising in Anchorage and Penin- sula newspapers could begin. He also noted that representatives from KSEC would be present at the next meeting ror discussions with Council. 206 PAGE 206 REGULAR MEETING - FEBRUARY 27, 1984 VOLUME 20 XIII. COUNCIL DISCUSSION: MEEHAN asked that the City Attorney be given a chance to review all new ordinances and resolutions prior to the meeting. The Clerk noted that all resolutions and ordinances are telecopied to the Attorney along with the agenda on the Friday preceding the Monday meeting. WILSON and WILLIAMS stated that they would prefer to pick up their packets at the Police Station as had been the practice in the past rather than have a patrolman deliver the packets to their homes. GILLESPIE noted that the second meeting in March was scheduled to fall on a City holiday. Garzini suggested that the meeting be cancelled, adding that a special meeting would be called ir needed. It was moved by Wilson, seconded by Meehan and unanimously carried by all those present to cancel the March 26 meeting. XIV. CITIZENS' DISCUSSION: BRUCE SIEMINSKI, Benson Drive, appeared from the audience and asked that the City consider establishing a permanent fund with proceeds from the sale of City property. Garzini explained that the City's rinancial situation was not strong enough at this time to warrant establishing such a rund. Sieminski also asked that, before disposing or any more property, the City consider sites ror any new City buildings that are planned. Gillespie noted that these things are being con- sidered by the administration. LARRY COTTER, President or ILWU, Local 200, appeared rrom the audience and asked that the Council notify SeaWay Express that it endorsed the ILWU in its efforts to reach a labor agreement. Gillespie explained that the City, as a governing body, could not take sides in private sector labor disputes. Cotter contended that by not taking a position, the City was in fact taking a side in this issue. Gillespie noted that the Council had always advocated local hire and would con- tinue to do so, but it could not specify a particular group. Garzini added that SeaWay is racing a much larger problem than whether to hire local ILWU employees, adding that the marine labor problems are on both ends of the route. He too noted that it was bad public policy to tell a new industry whom it could hire. WILLARD DUNHAM, Forest Acres, appeared from the audience and noted that many people in town will be hurt if the ILWU loses its fight to keep part of the waterfront work. He added that the majority of the retired people in Seward are dependent on ILWU pensions. XV. ADJOURNMENT: The meeting was adjourned at 10:00 p.m. and, following a short recess, Council reconvened in executive session to discuss a personnel matter and a matter in litigation. I I I RESO nrl ~ PAGE 207 REGULAR MEETING - MARCH 12, 1984 VOLUME 20 1. CALL TO ORDER: The March 12, 1984, regular meeting or the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Vice-Mayor Gillespie led the pledge or allegiance to the flag. III. ROLL CALL: Present were: Cripps and Councilmembers Gillespie, Swartz and Williams (Absent with consent were Councilmembers Meehan and Mayor Hilton, Council Wilson) Present also: City Manager Garzini, Assistant Schaefermeyer, City Attorney Deputy City Clerk Audette City Manager Arvidson and ** SPECIAL ITEM: Mayor Cripps presented Employee Incentive Award plaques and checks to Floyd (Tex) Ainsworth, Shop Foreman; Judi Andrij anoff, Teen Center Director and Gwynne Gardner, Police Dispatcher ror outstanding job performance. IV. APPROVAL OF MINUTES: carried meeting It was moved by Gillespie, seconded by Swartz and unanimously by all those present to approve the February 27, 1984, regular minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request of the City Manager, it was moved by Swartz, seconded by Hilton and unanimously carried by all those present to meet in Executive Session immediately rollowing the close or regular business in order to discuss previously filed litigation. Garzini requested Item XI (D) regarding the proposed vacation or right-or-way and utility easement within Block 22, Original Townsite of Seward, be moved to Item VIII (A) as the U.S. Post Of rice representa- tive present to speak on this item had travel deadlines to meet. Garzini also requested Item IX (11) --Proposed Resolution No. 84-23, approving the receipt of a Municipal assistance grant rrom the State or Alaska for a marine emergency vessel, be added the 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: 1. Resolution No. 84-11, welcoming Seaway Express and the Woeck family of businesses to Seward, was approved and filed; RESO/STATE 2. Resolution No. 84-12, urging the creation of a State of Alaska of rice in Korea, was approved and riled; PROC 3. Proclamations as rollows: 03/0S-II, Music in Our Schools Week; 03/11-18, Camp Fire Birthday Week; 03/12-16, Employ the Older Worker Week, were noted for information and filed; 4. March 7, 1984, update rrom the City Clerk on the proposed junior councilmember was noted ror inrormation and riled; LITIGATION 5. February 17, 1984, letter from VECO, Inc., giving notice of its claim against the City was noted for information and filed; and r.; \ .") L'Jt'J PAGE 208 REGULAR MEETING - MARCH 12, 1984 VOLUME 20 6. March 1, 1984, invoice from Ranald H. Jarrell & Associ- ates, covering 01/16/84 conference with the City Attorney concerning the VECO contract in the amount of $100 was approved for payment and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Representative Jonathan Sewall was not present and no report was given. VII. PUBLIC HEARINGS: MARINA SUB. A. Notice of public hearing as posted and published by law was noted and the public hearing on a proposal as submitted by Dean Lust to lease Lot 7, Block 1, Marina Subdivision, to construct a two-story building which would house a sailboat brokerage office, repair facility, accessory sale of rice and sailing school was opened. No one appeared rrom the audience in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) OTS A. March 8, 1984, memorandum from Schaefermeyer explaining that the petition to vacate the alley right-or-way (ROW) that runs between the two parcels of land the Postal Service is purchasing is to be heard by the Kenai Peninsula Borough Planning Commission on March 26, 1984, was noted. According to the Borough Code all street vacations approved by the Borough within Cities are subj ect to approval by the City Council. As the Postal Service is striving to get its project under construction in 1984 and the next regularly scheduled Council meeting is not until April 9, 1984, the Council is considering the vacation request early in an effort to expedite the process. Adminis- trative Assistant Martin pointed out on a displayed plat map or the area the proposed vacation and the alternate alley ROW the City is requesting the Postal Service to provide. The City is also requesting that the Postal Service construct and pave the alternate alley ROWand provide ror proper drainage and utility relocations. Fletcher Accord, a rep- resentative of the Postal Service from Salt Lake City, stated that the Postal Service is working at improving its Alaskan racilities in anticipation of ruture growth. It was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to recommend approval to the Kenai Peninsula Borough Planning Commission of the proposed vacation of ROWand utility easement within Block 22, adjacent to Lots 1-10 and 31-40, Original Townsite of Seward, for the con- struction of a new U.S. Post Office. CEMETERY B. Raymond Burgess, representing the American Legion, appeared from the audience and asked Council to consider a rormal cemetery plan whereby the parcels within the present cemetery owned by local organizations be derined by survey and additional land be dedi- cated by the City to enlarge these parcels for anticipated ruture space requirements. He also stated that there is an area within the present cemetery which appears to contain at least 12 graves used by the old Jesse Lee Orphanage. Burgess, using reference lines drawn on a plat map or the cemetery area, pointed out several encroachments by graves, roads, trailers, fences and rights-or-way which were creating an uncer- tain situation for determining the exact boundaries of the cemetery. Garzini stated that bounds did need to be determined but felt that dedication of land to groups ror use by its members only should be stopped and that the remaining land be kept available ror all or the public. Burgess suggested that the City grid out the area and require a no-cost permit ror a burial plot to racilitate accurate record keeping to avoid the haphazard grave placement and uncertain grave occupancy now in evidence. It was moved by Swartz, seconded by Hilton and unanimously carried by all those present to authorize Raymond Burgess, through public service, to perform a plat survey of the cemetery area, to include the designation of the boundaries, as proposed by Burgess, ror the American Legion parcel and the Elks/Pioneer parcel. IX. ORDINANCES AND RESOLUTIONS: I I I PAGE 209 REGULAR MEETING - MARCH 12, 1984 VOLUME 20 A. Ordinances ror Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: RESO/MARINA SUB 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, FINDING IT IN THE PUBLIC INTEREST TO ENTER INTO A SOLE SOURCE NEGOTIATED LEASE WITH MR. DEAN LUST FOR LOT 7, BLOCK 1, MARINA SUBDIVISION. March 8, 1984, memorandum rrom Administrative Assistant Martin recom- mending approval or a 30 year lease to Dean Lust and a March 5, 1984, letter from Mr. Lust regarding the proposed lease, were noted. It was then moved by Gillespie, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-13. RESO/JESSE LEE 2. Copies having been made available to the public, TERMIN.Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING AN EXCHANGE OF CITY OWNED LOT 4, JESSE LEE HEIGHTS SUBDIVISION ADDITION NO.2, FOR PRIVATELY OWNED LOTS 22-24, BLOCK 1; LOTS 1-7 AND 34-40, BLOCK 9, TERMINAL ADDITION. It was moved by Swartz, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 84-14. RESO/TERMINAL 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 PURCHASE OF LOTS 10-12, BLOCK 1, TERMINAL ADDITION. It was moved by Swartz, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-15. RESO/BUDGET 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, AMENDING THE FY84 BUDGET BY APPRO- PRIATING FUNDS FROM THE GENERAL FUND-FUND BALANCE TO THE ECONOMIC DEVELOPMENT/COMMUNITY PROMOTION DEPART- MENT TO COVER THE COST OF ITEMS ORDERED IN FY83 BUT NOT BILLED UNTIL FY84. March 7, 1984, memorandum rrom Administrative Assistant Martin detailing the budget amendment request was noted. It was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-16. RESO/CONTRACTS -056 S. 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 RAILROAD CORRIDOR STUDY CAPITAL PROJECT FUND AND APPROVING SUPPLEMENTAL WORK CHANGE ORDER NO. 2 TO INTER- NATIONAL ENGINEERING COMPANY, INC. 210 PAGE 210 REGULAR MEETING - MARCH 12, 1984 VOLUME 20 March 8, 1984, memorandum from Schaerermeyer outlining the necessity of the appropriation request was noted. Following several public hearings International Engineering Company, Inc. (IECO) was instructed by the City to include in the Seward Marine Industrial Park Rail Corridor study an alternative route south or Nash Road. The City has also requested IECO to perrorm an aerial photograph/topographic map reconnaissance of the compatibility of the railroad loop and a prison site. The cost of this extra work amounts to $7,000; an appropriation or $5,000 rrom the Mayor/Council Contingency fund added to the $85,000 grant from the Department of Transportation and Public Facilities to conduct the rail corridor study would cover the extra expense. It was moved by Swartz, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 84-17. 6. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: RESO/CIVlL DEF/ CITY HALL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE SOLE SOURCE PURCHASE OF ELECTRICAL EQUIPMENT FOR THE SEWARD PUBLIC SAFETY FACILITIES EMERGENCY POWER SYSTEM WITHOUT FULL UTILIZATION OF THE BID PROCEDURES SET FORTH IN SECTION 10-8 OF THE CITY CODE. Memoranda rrom Tim Prlum, Special Projects Engineer, dated February 27, 1984, and March 6, 1984, explaining the advantage of not advertising for the special equipment necessary to make the generator rurnished by the Kenai Peninsula Borough compatible with the present Fire Hall emergency power system, was noted. It was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-18. RESO/EQUIP/ 7. Copies having been made available to the public, PURCH 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 A DIGGER TRUCK FOR THE ELECTRIC DEPARTMENT WITHOUT UTI- LIZATION OF THE BID PROCEDURES SET FORTH IN SECTION 10-8 OF THE CITY CODE. March 6, 1984, memorandum rrom Ivan Darbyshire, Electric Department, outlining the background investigation regarding the City's need ror a digger truck was noted. Paul Diener, City Engineer/Utilities Manager, explained to Council that presently the City did not have the ability to set poles and relt a digger truck was an essential purchase. It was moved by Swartz, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 84-19. RESO/UTILITY / 8. 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, CHARGING OFF CERTAIN UNCOLLECTIBLE UTILITY ACCOUNTS TOTALLING $14,38S.S3. February 2, 1984, memorandum rrom City Finance Director Gale regarding delinquent utility accounts was noted. Gale, in response to question- ing, explained that approximately 50 percent of the customers presently have judgments against them and that usually the City can collect more through these judgments than through a collection agency. Garzini, in answer to a question from Hilton, stated that the list of delinquent accounts is public information and that the press had the right to obtain that list from the City. Gale reassured Williams that all adult occupants were required to provide their name and address inrormation and were responsible for the household utility account. It was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-20. 9. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: 211 PAGE 211 REGULAR MEETING - MARCH 12, 1984 VOLUME 20 RESO/SBH/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CHARGING OFF CERTAIN UNCOLLECTIBLE HARBOR ACCOUNTS TOTALLING $5,337.37. It was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-21. 10. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: III RESO/PARKS & REC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SETTING ASIDE CAMPGROUND FEES IN DESIGNATED CITY CAMPING AREAS March 8, 1984, memorandum rrom Schaefermeyer including a cost analysis which shows the costs of collecting the camping fees within the City exceed the revenues generated was noted. Parks and Recreation Director Noble explained that setting aside the camping fees would not eliminate the two-week camping limit; that maintenance personnel would still be working in the camp areas and be on the look-out ror abuses of the time limit. Following a short discussion, it was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-22. 11. Copies having been distributed to Council and made available to the public, Cripps noted by title only a proposed resolu- tion entitled: RESO/GRANTS/FIRE/ HARBOR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE RECEIPT OF A MUNICIPAL ASSISTANCE GRANT FROM THE STATE OF ALASKA FOR A MARINE EMERGENCY VESSEL I Garzini explained that the 1982 Legislature had appropriated a $7S,OOO grant for Seward to acquire a marine emergency vessel but Seward had not accepted the award yet; by accepting the grant the funds could be held for a few years until a suitable use could be determined. The Adminis- tration was investigating the possibility or using the grant money to equip a boat with fire equipment. It was moved by Swartz, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-23. RECESS: The meeting was recessed at 8:40 p.m.; reconvened at 8:50 p.m. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: CON- 061 MIC A. March 1, 1984, memorandum rrom Special Projects Engineer Prlum regarding the contract with S & S Engineers for surveying and platting five parcels or land within the Fourth of July Creek Marine Industrial Park which are to be transrerred to the City from the Kenai Peninsula Borough was noted. City Engineer/Utilities Manager Diener explained that a change order in the amount or $2,300 to the S & S Engineers contract was being requested because the company had to return to the work site to correct the surveyor the west side or Tract A due to an error in the legal description originally given to the Contractor. Ray Burgess, a local surveyor who had submitted a bid for the contract which had been awarded to S & S Engineers, appeared from the audience and stated that his bid had been exactly $2,300 higher than S & S Engineers' as he had noticed the problem with the legal description and had turned in his bid accordingly and that he had also pointed out the description error to City starr. Garzini extended apologies to Burgess on behalf or the City. It was moved by Hilton, seconded by Gillespie and unanimously carried by all those present to approve a change order to the contract with S & S Engineers for the amount or $2,300 as full compensation for the additional work caused by revisions to the survey and Plat or Tract "A", Fourth or July Creek. I ~l:! PAGE 212 REGULAR MEETING - MARCH 12, 1984 VOLUME 20 CON-062 B. March 7, 1984, memorandum from Engineering/Utilities Manager Diener and letter rrom William Toskey, Program Manager for Acres/Hanscomb, regarding a change order ror concrete work at the shiplirt, were noted. Garzini explained that this change order request ror additional runds was for modirications to the concrete work required at the east end of the North Pier and the east abutment or the shiplift due to changed conditions caused from "out or location" piles installed by Chris Berg, Inc. Toskey stated that Century's redesign ror beam number 8 involving a concrete ring beam is not acceptable to Acres/Hanscomb and his company had developed a superior design involving two rows or pipe piles driven into the fill material. Acres/Hanscomb would then become responsible for that part or the design. Garzini, in response to questioning from Council, stated that rinancing for this change order would come from the contingency rund and would hoperully be recovered rrom future shiplirt users. It was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to approve a change order as recommended by Acres/Hanscomb to the Crowley Constructors contract in the amount not to exceed $330,000 to complete the east abutment and east end of the North Pier concrete work ror the shiplirt with the following conditions: (1) That Acres/Hanscomb review the Crowley cost estimates ror reasonableness and accuracy and negotiate final cost; and (2) that Acres/American agree to support a claim for recovery or cost or beam number 8 on the basis that the design was not adequate as submitted by Century. C. March 2, 1984, memorandum from Garzini regarding the FINANCE/ rinancial advisory agreement with First Southwest Company was noted. Garzini explained that the City had not had an opportunity during the two years the contract has been in erfect to use the services of First Southwest Company. Garzini recommended that the contract which expires April 12, 1984, be renewed with a 30-day cancellation option by either party. I t was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to extend the agreement between the City or Seward and the First Southwest Company as suggested by their proposed amendment dated February 27, 1984. D. (Moved to Item VIII (A)] p & Z/ E. March 8, 1984, memorandum from the City Clerk inrorming the Council that Chet Thorne's term on the Seward Advisory Planning and Zoning Commission expired February 29, 1984, and that Mr. Thorne had expressed an interest in serving on the Commission for another 3-year term was noted. Williams requested that in the future all Planning Commission vacancies be advertised publicly. Garzini stated that, traditionally, ir a Commissioner expressed a willingness to continue to serve, a reappointment automatically rollowed. Swartz felt that she also would like to see ruture vacancies advertised. Garzini stated that the Clerk's Department would be directed to advertise any future vacancies and present to Council applications received along with an indication or interest to re-serve rrom the out-going Commissioner. Cripps and Williams stated that a meritorious service award or letter would be appropriate to present to out-going Commissioners to recognize their efforts and dedication on behalf of the City. It was moved by Hilton, seconded by Gillespie and unanimously carried by all those present to reappoint Chet Thorne to a three year term on the Seward Advisory Planning and Zoning Commission, such term to expire February 28, 1987. XII. CITY MANAGER REPORTS: A. William Toskey, Program Director for Acres/Hanscomb, gave a progress report on the various projects his firm is overseeing for the City. B. Garzini explained that the City is proposing to establish a non-union, white collar utility engineer position and would need the incumbent selected soon as a new City/IBEW contract was to be signed and the City would then be responsible ror purchasing material and directing work ror both the Electric and Water/Sewer Departments. The Council voiced no objection to hiring a utility engineer. I , I r '. I PAGE 213 REGULAR MEETING - MARCH 12, 1984 VOLUME 20 XIII. COUNCIL DISCUSSION: SWARTZ asked Garzini to investigate possible alternate access corridors to the City landrill. CRIPPS informed Council and the Administration that he had chosen not to attend the Seaway Express Barge christening restivities planned for this weekend due to personal health concerns. XIV. CITIZENS' DISCUSSION: WILLARD DUNHAM, representing the Seward Fish and Game Advisory Board, appeared from the audience and requested Council to consider enacting an ordinance to prohibit trapping within the City limits. LOCAL ORG STANLEY LEMAS, 334 5th Ave., Seward, appeared rrom the audi- ence representing Seward longshoremen asking the City Administration and Council to join in their protest of the Seaway Express roll-on/roll-off barge ramp being built next to the Alaska Railroad dock instead of 300 reet east of the dock as originally planned. Lemas reported that he had traveled to Juneau and had been unable to gather information on why the plan for the location of the barge ramp had been changed. His research indicated that only a verbal agreement between Mark Hickey, railroad expert for the State Department of Transportation, and Peter Woeck had transpired and felt that the railroad transfer agreement had been violated by the verbal agreement for a 50-year lease for the east side of the dock. Lemas stated that the activities of the local longshoremen would be in jeopardy if the Seaway Express barge ramp was located on the railroad dock as a dock use conrlict would occur ir a Seaway barge and a pipe ship needed dock space at the same time. Lemas stated that pipe ships would soon move to other ports ror better service. DENNIS OWENS, Moose Pass, local longshoreman, appeared from the audience and asked the Council to adopt a resolution asking Seaway Express to plan its barge ramp 300 reet east or the railroad dock instead of next to the dock. DWANE LEVAN, Seward, local longshoreman, appeared rrom the audience and stated that the longshoremen handled 532,000 ton last month and that Seaway Express could jeopardize ruture pipe ships by putting its ramp next to the dock. Garzini stated that he would contact railroad orricials to attempt to resolve the barge ramp placement issue and report back to Council at the April 9, 1984, regular meeting. XV. ADJOURNMENT: The meeting was adj ourned at 10: 05 p. m., and arter a short recess the Council reconvened in Executive Session to discuss a litiga- tion matter. QAJ~ Donald W. Cripps Mayor 214 PAGE 214 SPECIAL MEETING - MARCH 26, 1984 VOLUME 20 1. CALL TO ORDER: The March 26, 1984, special meeting or the Seward City Council was called to order at 12:00 Noon by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Williams led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and CouncilmembersGillespie, Hil- ton, Meehan, Swartz and Williams (Absent with Council consent was Councilmember Wilson) Present also: City Manager Garzini and City Clerk Murphy IV. RESOLUTIONS: RESO/PRISON: A. Copies having been made available to distributed to the Council prior to the start of the introduced by title only a proposed resolution entitled: the public and meeting, Cripps A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, STATING THE COUNCIL'S INTENT TO TRANSFER APPROXIMATELY 32S ACRES OF LAND TO THE STATE OF ALASKA AS A SITE FOR THE STATE'S PROPOSED MAXIMUM SECURITY PRISON. Garzini noted recent action taken by the Kenai Peninsula Borough Assem- bly approving a resolution of intent to transfer approximately 225 acres of land located adjacent to the Marine Industrial Center to the City of Seward as a potential site ror the proposed maximum security prison. He stated that approximately $30 Million had been appropriated by the State ror the construction of a prison facility in Seward to house 380 in- mates. State orficials had now requested that the Council issue a statement or intent to transrer sufficient lands to the State as a site for the prison. Garzini displayed a plat of the area delineating the ~22S acres of Borough land and the adjoining City property including the Marine Industrial Center. He stated that although the resolution indicated that 32S acres or land were available for the proposed prison site, only those lands needed for projected long term needs or the Department or Corrections would be transferred. He added that the City would retain a transportation corridor for utilities and a future rail spur as well as the right to rock materials in the City's quarry area. Following discussion, it was moved by Swartz, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 84-24. V. CITIZENS' DISCUSSION: A. GREG BITHER-TERRY, 338 First Avenue, appeared from the audience and inquired about the estimated value of the land being transferred to the State. Garzini explained that the 22S acres from the Borough was being transferred to the City solely ror use as a prison site. Or the additional 100 acres owned by the City, 40 acres was suitable only as a materials site and several acres would be retained as a transportation/utilities corridor. In response to another question, Garzini explained that while the State would pay no real property tax, the City would see an increase in sales tax revenues. Bither-Terry then asked the Council to consider deeding to the State only enough property to construct the 38G-bed facility now approved so that ruture Council's would have some control over growth of the facility. Garzini explained that copies of the transfer document would be made available to the public when the needs of the State are made known. Prior to approval or the actual deed, the Council will accept citizen input at a scheduled public hearing. 21;) PAGE 215 SPECIAL MEETING - MARCH 26, 1984 VOLUME ZO VI. ADJOURNMENT: I The meeting was adjourned at I2:IS p.m. 9JJ~ Donald W. Cripps Mayor PAGE 215 VOLUME 20 1. CALL TO ORDER: The April 9, 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 Hilton led the pledge of 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 Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: I It was moved by Swartz, seconded by Hilton and unanimously carried to approve the March 12 and March 26, 1984, minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Garzini asked that Agenda Item XI(A) be moved to Agenda Item IX(C) (7) [proposed Resolution No. 84-31]. It was moved by Gillespie, seconded by Wilson 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. February 1984, invoice from HTGP&B for legal services rendered totalling $9,947.09, was approved for payment and riled; FINANCE DPT: 2. Finance Department's March 12, payable totalling $l,076,435.4S, and riled; 1984, list of accounts was approved ror payment ST.& CITY LIC: 3. Application ror permit filed by Seward Elks objection; ror games of skill and chance as Lodge #1773 was riled without 4. Request for road right-or-way across City property in Laubner Addition to access private property as filed by Bradley Snowden was noted and authorization was given to prepare a resolution and schedule the necessary public hearing to erfect the ROW; I S. Lease renegotiations with Juris Mindenbergs (Marina Subdivision) were noted and authorization was given for the preparation of the necessary resolution and lease documents and the scheduling of required public hearings to effect a new lease; 0) i /' _ 1 ~) PAGE 216 REGULAR MEETING - APRIL 9, 1984 VOLUME 20 PROCLAMATIONS: 6. April 23-28, 1984, was proclaimed "Seward Clean Up Week" and April 28, 1984, was proclaimed "Super Saturday"; and 7. March 23, 1984, letter rrom Seward Community Schools Council requesting the establishment or bike paths from the schools to the north end of the lagoon was noted ror information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the Assembly meeting or April 3, 1984. VII. PUBLIC HEARINGS: REV. SHRG: A. Garzini noted that distribution or the Federal Shared Revenue runds would be considered later in the meeting under Agenda Item IX(C) (3) [proposed Resolution No. 84-27]. Notice or public hearing as posted and published by law was noted and the public hearing relative to Federal Shared Revenue was opened; no one appeared rrom the audience in order to be heard and the public hearing was closed. RE- 041 : B. Garzini noted that the proposed lease and towing agree- ment with Badlands Towing & Wrecking would be considered under Agenda Item IX(C)(l) [proposed Resolution No. 84-2S]. Notice of public hearing as posted and published by law was noted and the public hearing was opened; no one appeared rrom the audience in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) A. Tanya Dupree, S27~ Seventh Avenue, Seward, appeared rrom the audience and presented her request that the Harbor shower facilities remain open beyond the S:OO p.m. closing time on weekends ror the period Memorial Day through Labor Day each year. Cripps noted that Seward Suds had shower facilities which were open to the public and stated that the City should not be in the business or competing with private businesses. Meehan and Wilson noted that Seward Suds' racilities were not adequate to meet the demand for showers during the summer months. Wilson, however, stressed the need for supervision if the City racilities were left open since vandalism in the shower area has been a problem. Gillespie stated that the request was not an unreasonable one and urged that the City try the suggested plan; ir it proved to be too expensive, the City could go back to the original S:OO p.m. closing time. Williams stated that the City should not have to subsidize the showers, adding that enough should be charged to cover the cost or water, heat and starfing. Garzini commented that if the Council is considering changing the Harbor hours, the need is just as great on weekdays as on weekends. Cripps, with Council consent, instructed the administration to negotiate with Seward Suds; if the owners reel that extension of the City's hours of operation will not constitute competition, the administration should prepare a recommendation for Council relative to suggested hours and charges. B. Don Calhoon, Mile 7, Chapter or the ILWU, appeared berore be taken on the five points presented Seward, representing the Council and requested that in the agenda as follows: Seward action (1) That Council resolve not to bring suit against the ARR and/or the Federal Railroad Association in pursuit of an open dock: It was the consensus of the Council that, while no lawsuits were contemplated at this time, no action should be taken which would limit the actions of this or ruture Councils. (2) the dock by a That Council adopt a resolution ravoring the operation of single employer: Calhoon stated that the dock was not large enough to accommodate two ships or two employ- ers at once, adding that an attempt to do so would result in an inefficient operation ror PAGE 217 REGULAR MEETING - APRIL 9, 1984 VOLUME 20 both employers. Garzini concurred, but stressed that, should a carrier wish to "tie up" its own vessel, an "open dock" would be needed to allow this practice. It was the consensus of the Council that no action should be taken on this request. (3) neers' permit That Council request suspension of the Corps or Engi- to ARR pending public hearings: Calhoon stated that the location or the ramp was not a "union" issue, adding that the proximity or the ramp to the railroad dock would limit use or the east side of the dock. Cripps noted that the City of Seward was not and should not be involved in the permitting process--ARR applied for the permit which was granted by the Corps or Engineers after a review by the Corps' chier engineer. Wilson stated that, while opposed to doing anything to suspend operation or the ramp at this time, the concerns expressed were valid and deserved some attention. Garzini agreed to draft a letter relative to these concerns for Council's consideration prior to the next meeting. I (4) That Council request a retraction in the Anchorage Times of the City Manager's comments relative to union sabotage or the Seaways operations; and (S) If a retraction is not forthcoming, that the City Manager be disciplined by the Council: Garzini explained that his comment to the press had been a reiteration of concerns expressed by the Woeck family. It was the consensus of the Council that no action should be taken on items (4) or (S). I RECESS: The meeting was recessed at 8:50 p.m.; reconvened at 9:00 p.m. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: ORD/P&Z: 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, AMENDING SECTION 2. SO. 030 OF THE SEI.JARD CITY CODE BY CHANGING THE SCHEDULED MEETING DATE OF THE ADVISORY PLANNING AND ZONING COMMISSION. I The City Clerk noted that Planning Commission meetings are currently scheduled ror the second Wednesday of each month and generally fall within the same week as the rirst monthly Council meeting. This puts a strain on both the Clerk's of rice and the other administrative orfices, especially when both meetings require extensive research or preparation for agenda items. Murphy noted that each of the seven Commissioners had been contacted--There was no objection to the proposed change. It was moved by Gillespie, seconded by Meehan and unanimously carried to introduce proposed Ordinance No. S2I; public hearing was set for the April 23, 1984, meeting. B. Ordinances for Public Hearing and Enactment: None C. Resolutions: RESO/RE- 038 : 1. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: 218 PAGE 218 REGULAR MEETING - APRIL 9, 1984 VOLUME 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A LEASE AGREEMENT WITH BENTON GROOM, DBA BADLANDS TOWING & WRECKING, FOR THE OPERATION OF A VEHICLE STORAGE/ IMPOUND FACILITY. Garzini noted the April 4, 1984, memorandum rrom the City Clerk recom- mending approval or the lease agreement. It was moved by Gillespie, seconded by Wilson and unanimously carried to approve Resolution No. 84-2S. RESO/CON-{J02 : 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 TO CLOSE OUT THE MARATHON WATER SUPPLY/HYDROELECTRIC PROJECT. April 4, 1984, memorandum from Special Projects Engineer Pflum recom- mending approval of the resolution was noted. Garzini explained that indirect administrative overhead charges had not been budgeted ror the project at its inception. In response to a question from Gillespie, Schaerermeyer explained that of the $232,803.29 needed to close out the project, $I82.6I2.IS represented project overhead costs which would revert back to the City; therefore, the actual "out-or-pocket" dollars totalled about $SO,OOO. Following further discussion, it was moved by Swartz, seconded by Gillespie and unanimously carried to approve Resolu- tion No. 84-26, appropriating runds to close out the Marathon Water Supply/Hydroelectric project. RESO/BUDGET/REV.SHRG: 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, AMENDING THE 1983-84 FISCAL YEAR BUDGET BY APPROPRIATING FUNDS FROM THE FEDERAL REVENUE SHARING TRUST ACCOUNT. April 2, 1984, memorandum from Schaefermeyer recommending approval of the proposed resolution appropriating runds ror Tot-Lot renovation, Little League rield renovation and the purchase or a 15-passenger van for the Economic Development/Community Promotions Department was noted. Garzini stated that the new van would be used primarily for VIP trans- portation and tours. The van now in use would be relegated to the Teen Center and would be available for community use. It was moved by Gillespie, seconded by Swartz and unanimously carried to approve Resolu- tion No. 84-27. RESO/SGH: 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, APPROPRI- ATING FUNDS TO THE SEWARD GENERAL HOSPITAL FOR THE PURPOSE OF DEVELOP- ING A MASTER PLAN FOR SEWARD AND TO OBTAIN A CERTIFICATE OF NEED. March 20, 1984, letter rrom Keith Campbell, SGH administrator, and April 3, 1984, memorandum rrom Garzini recommending approval of the proposed resolution were noted. Campbell appeared before Council and explained that SGH is currently third on the priority list ror State-runded improvements. In order to maintain this position on the priority list, it is critical that the necessary planning work required for a Certiri- cate or Need be completed along with a master plan ror health care in Seward. In response to a question from Wilson, Campbell stated that he hopes to utilize the value or the land and the building as the needed local cash match, but added that some local participation could be ')1 (~, PAGE 219 REGULAR MEETING - APRIL 9, 1984 VOLUME 20 required in the future. Swartz noted that the alternative to denying the funding was to lose our hospital facility. Following further discussion, it was moved by Gillespie, seconded by Swartz and unanimous- ly carried by approve Resolution No. 84-28. RESO/SBH: S. 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, ADOPTING TEMPORARY PERMIT FORMS FOR PUBLIC USE OF DOCK FACILITIES. February 7, 1984, letter from Seward Fisheries; February 28, 1984, letter from Seward Marine Services; and April 4, 1984, memorandum rrom Harbormaster Foster Singleton recommending approval of the proposed resolution were noted. Singleton stated that in the past, transient fish buyers using the City Dock during peak seasons had caused much conrusion in the dock area. In an efrort to avoid conrusion in the ruture and to generate sufricient revenues from the cash fish buyers to cover maintenance and upkeep of the dock racilities, the administration proposed the adoption of temporary permit forms ror public use of the dock. It was moved by Gillespie and seconded by Hilton to approve Resolution No. 84-29. Following discussion, it was moved by Williams, seconded by Swartz and carried as follows to amend the resolution by changing Section 3. to read "two cents per dollar (2%) or the value or all rish purchased" rather than "one cent...(I%)...", and to conrorm the attached dock use permit: AYES: Cripps, Gillespie, Hilton, Swartz, Wilson and Williams None Meehan. NOES: ABSTAIN: I The question was called on the main motion approving Resolution No. 84-29, as amended, and the motion carried as rollows: AYES: Cripps, Gillespie, Hilton, Swartz, Wilson and Williams None Meehan. NOES: ABSTAIN: **Meehan stated that as an employee of Seward Fisheries, he would abstain from voting on the proposed resolution. RESO/GRANTS/BUDGET: 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 FY84 BUDGET BY APPROPRIATING GRANT FUNDS FROM THE MISCELLANEOUS GRANT ACCOUNT TO THE POLICE DEPART- MENT TRAVEL AND SUBSISTENCE ACCOUNT. It was moved by Wilson, seconded by Williams and unanimously carried to approve Resolution No. 84-30. I RESO/PUB. SAFETY: 7. 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, AWARDING A CONTRACT TO AIR-TEK, INC., FOR INSTALLATION OF AN EMERGENCY GENERA- TOR AND APPROPRIATING FUNDS FROM THE GENERAL FUND-FUND BALANCE TO THE SEWARD FIRE DEPARTMENT CAPITAL EQUIPMENT ACCOUNT. ')?O A-.~..... : . PAGE 220 REGULAR MEETING - APRIL 9, 1984 VOLUME 20 April S, 1984, memorandum from Special Proj ects Engineer Prlum recom- mending approval of the proposed resolution was noted. It was moved by Gillespie, seconded by Swartz and unanimously carried to approve Resolu- tion No. 84-31. RECESS: The meeting was recessed at 9:51 p.m.; reconvened at 10:00 p.m. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: A. Moved to Agenda Item No. IX(C)(7). B. Deleted at the request of the City Manager. (Garzini explained that there was some confusion as to whether the IBEW contract had been properly ratiried by local union members.) CON-025 C. April 3, 1984, memorandum rrom Schaerermeyer relative to Century/Quadra's request ror additional compensation ror Phase III of the Marine Industrial Center was noted. Garzini stated that Schaefer- meyer's memo related a brief history of the past year's negotiation's with C/Q relative to its claim for additional payment. He recommended that C/Q' s request for additional compensation ror stripping quantity calculations, current meters and supplemental drilling be denied since the designer was responsible for providing adequate investigations or this nature prior to design and construction. He further recommended that the administration be given the authority to negotiate a settlement with C/Q for its claim for $14,S56.50 for dredge and rill computations since C/Q was instructed by the City to do the work. He added that only those amounts that could be sufficiently documented by C/Q with time sheets and other supporting documentation for this element or work would be paid. Following discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried to approve the administration's recommen- dations as set rorth in Schaerermeyer's April 3 memorandum. CON-074 : D. April 4, 1984, memorandum from City Engineer/Utilities Manager Diener recommending approval of Change Order No. 2 to the Swalling Construction contract was noted. Diener appeared before Council and stated that the requested change order would provide payment for additional work required to complete the tunnel proj ect before rising water caused rorced evacuation of the work force. He noted that this was an added and revised scope or work reflecting changed con- ditions which resulted from excessive ground wa~r and unforeseen added work. He added that Anvil-Top had been completed throug,hone-third of the tunnel and stated that the tunnel would be checked out again in the fall. It was moved by Meehan, seconded by Swartz and unanimously carried to approve Change Order No. 2 to the Swalling Construction contract in an amount not to exceed $59,000. BUDGET: E. April 4, 1984, memorandum rrom Finance Director Gale with its attached FY8S operating budget for the City or Seward was noted. Garzini noted for Council the schedule of hearings and reviews of the budget as listed on page two of the memo. He asked Council to study the budget which would be reviewed by Gale or Peirson (Accountant--Finance Department) at the next meeting. XII. CITY MANAGER REPORTS: A. Administrative Assistant Kerry Martin appeared berore Council and presented an artist's rendition or the proposed boardwalk area in the Small Boat Harbor. Garzini stated that the City will work towards a uniformity or appearance in the Harbor, requiring prospective lessees to construct concessions and shops rrom City-supplied plans and utilizing weathered cedar siding. XII 1. COUNCIL DISCUSSION: I I I PAGE 221 REGULAR MEETING - APRIL 9, 1984 VOLUME 20 could be had been SWARTZ commented on expected to continue. resolved. recent power outages and asked ir they Diener stated that he relt the problem stated package HILTON noted that the City streets needed sweeping. Diener that Public Works Foreman Albertson was putting together a ror the purchase or a sweeper for the City. MEEHAN apologized ror commenting on the dock use permits for the harbor, stating that he had not relt at the time that he had a conflict in that area. He also asked ir the City has resumed cutting electricity to delinquent clients. Schaefermeyer stated that one individual's power had been shut orr recently. WILLIAMS asked ir the City had pursued her request ror inror- mation relative to a possible incentive for local bidders on City contracts. Garzini stated that the Clerk had been asked to order copies of like ordinances from the Mat-Su Borough and the Fairbanks North Star Borough. CRIPPS stated that he had attended a "Railbelt Electrifica- tion" meeting in Juneau to discuss with the Governor, Commissioner Lyon and representatives of other railbelt communities the proposed Susitna project. He noted that each member would be allowed to bring one technical expert to future meetings (to be held about every 2 months); he suggested that the City appoint Diener to accompany him to ruture meetings. Cripps also stated that he would no longer be able to attend KSEC meetings. XIV. CITIZENS' DISCUSSION: A. and suggested Seward. BOB VALDATTA, 528 Fifth Avenue, appeared before Council that Council consider a 1% fish tax on vessels docking in B. CHRIS DINNAN, Sixth Avenue, appeared berore Council and spoke in support of extending Boat Harbor shower hours during the summer months. XV. ADJOURNMENT: adjourned at 10:41 p.m. ~fj;~ Donald W. Cripps Mayor ------------------------------------------------- - APRIL 23, 1984 VOLUME 20 PAGE 1. CALL TO ORDER: The April 23, 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 Hilton led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Meehan, Williams and Wilson (Absent with Council consent was Councilmember Swartz) Present also: City Manager Garzini, Assistant City Manager Schaefermeyer and City Clerk Murphy P"? L.JL,,,--,, PAGE 222 REGULAR MEETING - APRIL 23, 1984 VOLUME 20 IV. APPROVAL OF MINUTES: carried meeting It was moved by Gillespie, seconded by Wilson and unanimously by all those present to approve the April 9, 1984, regular minutes as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request or the City Manager, it was moved by Wilson, seconded by Hilton and unanimously carried by all those present to meet in executive session immediately following the close or the regular meeting in order to discuss a matter under litigation. It was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve the regular meeting agenda and the consent calendar as presented and the rollowing actions were taken: C.ATTY: 1. March 1984, invoice totalling $20,SI4.I3, and from HTGP&B, ror legal services was approved ror payment and riled; FINANCE DEPT: 2. April 6, 1984, Finance Department's list of accounts payable totalling $1,834,896.02, was approved for payment and riled. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report or the Assembly meeting or April 17. VII. PUBLIC HEARINGS: A. Garzini noted that action on the subjects of the two public hearings would be considered later in the meeting. Notice or public hearing as published and posted by law was noted and the public hearing relative to a proposed right or way across City-owned property in the Laubner Addition to access privately held property in the Clirr Addition, as requested by Bradley Snowden, was opened; no one appeared rrom the audience in order to be heard and the public hearing was closed. B. Notice of public hearing as published and posted by law was noted and the public hearing relative to the lease or Lots 3, 4, and 8, Block 1, Marina Subdivision, to Juris Mindenbergs, and the lease of Lot 6, Block 1, Marina Subdivision, to Howard Johnson, was opened; no one appeared rrom the audience in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) A. DAN SEAVEY, President of the Seward Chapter or the Iditarod Trail Blazers, appeared before Council and asked that it consider approving a resolution designating the Seward portion or the Iditarod Historic Trail rrom the Founders Monument, through the Green- belt, past the Harbor, out the highway to Nash Road, and then east to Sawmill Creek. He added that timing was critical ir the City wished to be the rirst city in the State to designate any part of the historic trail. Following discussion, Cripps directed the administration to prepare a resolution as requested by Seavey for presentation at the May 14 meeting. SLAC/TAXES: B. GENE KINGREA, Executive Director or Seward Life Action Council (SLAC), appeared berore Council and asked that Council consider taking the necessary steps to initiate a 2-3% sales tax on liquor sales within the City. Kingrea noted that the Legislature had paved the way for this action in its changes to Title 4, making it possible ror municipalities to impose such a tax on alcoholic beverages. Further, declining State revenues have necessitated cuts in runding for alcohol/ drug abuse treatment racilities. She added that, if SLAC is to continue to offer treatment and education in this area, it will have to rely more and more on local support. Cripps instructed the administration to drart a resolution placing the 3% sales tax question on the October ballot for Council review. Gillespie suggested that other avenues or runding SLAC's anticipated shortfall be explored as well. I I I f""!,00 PAGE 223 REGULAR MEETING - APRIL 23, 1984 VOLUME 20 IX. ORDINANCES AND RESOLUTIONS: A. Ordinances ror Introduction: None. B. Ordinances for Public Hearing and Enactment: 1. Copies having been made available to the public, Cripps noted by title only a proposed ordinance entitled: ORD/P&Z: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SECTION 2. SO. 030 OF THE SEWARD CITY CODE BY CHANGING THE SCHEDULED MEETING DATE OF THE ADVISORY PLANNING AND ZONING COMMISSION. Murphy explained that the proposed ordinance had been introduced at the April 9 meeting at her request. The ordinance would change the meeting date rrom the second to the rirst Wednesday of each month, eliminating the strain put on the administrative starr during the second week or each month when both a Council and a Planning Commission meeting are scheduled. Notice or public hearing as published and posted by law was noted, and the public hearing on the proposed ordinance was opened; no one appeared from the audience in order to be heard and the public hearing was closed. It was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to enact Ordinance No. S21, to take effect May 3, 1984. C. Resolutions: RESO/LAUBNER ADDN: 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, GRANTING TO MR. BRADLEY SNOWDEN A NONEXCLUSIVE EASEMENT ACROSS CITY PROPERTY IN THE LAUBNER ADDITION FOR ACCESS TO PRIVATE PROPERTY IN THE CLIFF ADDI- TION. It was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 84-32, such resolution to take efrect May 23, 1984. RESO/RE-010: 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, FINDING IT IN THE PUBLIC INTEREST TO NEGOTI- ATE A NEW LEASE WITH JURIS MINDEN- BERGS FOR LOT 8, BLOCK 1, MARINA SUBDIVISION. It was moved by Meehan, seconded by Wilson and unanimously carried by all those present to approve Resolution No. 84-33. RESO/RE-~: 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, AUTHORIZ- ING A RENEGOTIATION OF THE LEASE OF LOT 3, BLOCK 1, MARINA SUBDIVISION, WITH JURIS MINDENBERGS TO INCLUDE LOT 4, BLOCK 1, MARINA SUBDIVISION. <"In;, -.....~.... PAGE 224 REGULAR MEETING - APRIL 23, 1984 VOLUME 20 It was moved by Hilton, seconded by Wilson and unanimously carried by all those present to approve Resolution No. 84-34. RESO/RE- 040 : 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 LEASE OF LOT 6, BLOCK 1, MARINA SUBDIVISION, TO HOWARD B. JOHNSON. It was moved by Meehan, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-35. RESO/PURCHASING: S. 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 PURCHASE OF TOT LOT EQUIPMENT WITHOUT UTILIZATION OF THE BID PROCEDURES AS SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE. April 17, 1984, memorandum from Parks & Recreation Department Director John Noble recommending approval of the proposed resolution was noted. Garzini stated that VANCO, the suggested vendor, would supply the cheapest and most durable playground equipment in the State. It was moved by Hilton, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 84-36. RESO/GRANTS/SPEC. 6. Copies having been made available to the public, PROJ: Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE RECEIPT OF A MUNICIPAL ASSISTANCE GRANT FROM THE STATE FOR THE FIRE LOOP/WELL FIELD WATER LINE INSTALLA- TION. April 18, 1984, memorandum rrom City Engineer/Utilities Manager Paul Diener was noted. Garzini noted that the Council must accept the grant from the state before the proj ect could proceed. Diener stated that included in the City's plans for construction of the water line for Dairy Hill was an embankment on the road to cover the water line and a stub for the sewer line. He estimated a project cost of $900,000 but stated that the City would try to stay within the $800,000 grant rrom the State. Following rurther discussion, it was moved by Gillespie, seconded by Wilson and unanimously carried by all those present to approve Resolution No. 84-37. RESO/GRANTS/SPEC. PROJ/ Cripps noted ELEC.DEPT: 7. 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, APPROVING THE RECEIPT OF A MUNICIPAL ASSISTANCE GRANT FROM THE STATE FOR THE SEWARD ELECTRICAL TRANSMISSION LINE. Garzini noted that this grant totalling $3.5 Million would cover one third the cost of the City's electrical transmission line improvements, adding that this was the first of what he hoped would total $10 Million in grants for this project. He stated that it was important that the grant be accepted so that the City could proceed with obtaining rights or way and clearing ror the line. It was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 84-38. I I I r PAGE 225 REGULAR MEETING - APRIL 23, 1984 VOLUME 20 RESO/MUN.ASSIST.: 8. 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 CITY OF SEWARD RESOLUTION NO. 83-23, IDENTIFYING THE CAPITAL PROJECTS AND AMOUNTS ALLOCATED TO EACH PROJECT IN ACCORDANCE WITH AS 37.0S.31S. April 19, 1984, memorandum from Schaerermeyer recommending approval or the resolution was noted. Schaefermeyer explained that the City had received $474,S76.42 in per capita municipal assistance funds in FY83. On May 23, 1983, the Council approved Resolution No. 83-23, allocating those funds to various City projects. This proposed resolution would transfer $9,917.03 in surplus funds from the Lowell Canyon Sewer Line Project and $16,923.33 from the Lowell Creek Diversion Tunnel Bridge Replacement Project to the Lowell Creek Diversion Tunnel Project to cover change orders for additional work which had to be completed this year. Following discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 84-39. x. UNFINISHED BUSINESS: A. At the request or the City Manager, this item was deleted from the agenda. A work session on the budget was scheduled ror April 30, 1984, beginning at 7:00 p.m. RECESS: The meeting was recessed at 8:25 p.m.; reconvened at 8:35 p.m. XI. NEW BUSINESS: PERSONNEL: A. April 3, 1984, memorandum from Schaerermeyer recommending ratification of the proposed IBEW contract was noted. Schaerermeyer stated that this agreement had been negotiated by IBEW Business Agent Jim Cooper, Shop Stewart Tom Evans, City Engineer Paul Diener, and himself. Following discussion, it was moved by Wilson, seconded by Meehan and unanimously carried by all those present to approve the IBEW contract as presented. CON-078: B. April 19, 1984, memorandum from Tim Prlum, Special Projects Engineer, recommending award or the contract ror construction or twin picnic pavilions in the Greenbelt area to Wells-Built Homes, Inc., was noted. It was moved by Hilton, seconded by Meehan and carried as rollows to award the contract for construction or the twin pavilions to the low bidder, Wells-Built Homes, Inc.: AYES: NOES: ABSTAIN: Cripps, Gillespie, Hilton, Meehan and Wilson None Williams NOTE: Williams, a principal in Wells-Built Homes, Inc., abstained due to her direct rinancial interest in the project. CON-028 : C. April 18, 1984, memorandum from Diener and April 19, -1984, letter from Acres/Hanscomb recommending approval of a proposed change order to the Century Engineering contract for MIC Phase IV design were noted. In response to a question from Wilson, Bill Toskey (Acres/ Hanscomb) explained that the original contract contained no provision for inspection services. At the time this contract was negotiated and awarded (Summer 1982), the administration did not wish to involve Century in the inspection process. Diener stated that the suggested $67,000 figure was less than the amount Century was requesting, adding that he would be involved in further negotiations with the firm prior to settling on a firm rigure. Following rurther discussion, it was moved by Gillespie, seconded by Wilson and unanimously carried to approve Change Order No. 1 to the Century Engineering contract for professional services for the Marine Industrial Center Phase IV design services in an amount not to exceed $67,000. rj j~ --. .GLlO PAGE 226 REGULAR MEETING - APRIL 23, 1984 VOLUME 20 CON- 040 : D. April 17, 1984, memorandum from Pflum recommending an increase in the contract amount to Wright/Forssen to cover additional services not included in the original agreement ror Dairy Hill water and sewer utility engineering was noted. Diener explained that the W/F contract had been suspended arter submittal of plans, specirications and engineering estimates in July, I983--At that time funding ror com- pletion of the project was not available. With the receipt of the $800,000 grant from the State (Resolution No. 84-37), the City could now proceed with permitting, specirication revisions and acquisition or rights or way across private property. This added work would necessi- tate increasing the scope and dollar amount of the contract. Following discussion, it was moved by Meehan, seconded by Hilton and unanimously carried by all those present to approve a change order to Wright/Forssen in the amount of $663S.99. CON- 062 : E & F. April 18, 1984, memorandum rrom Diener and April 19, 1984, letter from Acres/Hanscomb recommending approval or two change orders to the Crowley Constructors contract ror shiplirt construction were noted. Change Order No.3 ($141,294.00) covered pipe pile testing in accordance with plans and specifications provided by Acres American and as approved by Council (without benefit of a rormal change order or dollar amount) some months ago. Change Order No. 4 ($247,000.00) covered filling all pipe piles on the north and south piers. Both the pipe pile testing and rilling were necessary ror completion of the project and both contract additions were now complete. Following rurther discussion, it was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to approve Change Orders No. 3 and 4 to the Crowley Constructors contract. OTS: G. April 19, 1984, memorandum rrom Schaefermeyer recommend- ing that Council grant the request ror nonobjection to encroachments of the Brosius and Noon Mall building into a public alley right-or-way as filed by Raya Williams was noted. Garzini stated that Council commonly approved such existing encroachments for the life or the structure or the the lire of the loan, whichever occurs first. It was moved by Gillespie, seconded by Meehan and carried as rollows to grant the encroachments of the structure located on Lots 32-36, Block 3, OTS, as set out in Shaerermeyer's April 19 memorandum: AYES: NOES: ABSTAIN: Cripps, Gillespie, Hilton, Meehan and Wilson None Williams NOTE: Williams, owner of the property in question, abstained due to her direct financial interest in this action. LEGAL: H. April 19, 1984, memorandum frompiener' relative to a claim for damages totalling $S03. 28 as filed by Swalllng Construction Co., Inc., was noted. Diener stated that damage to the pipe was limited to about 4 reet at one end. In addition, the cost of the pipe (FOB Anchorage) is $340.00. Therefore, he recommended that the Council approve payment in amount of $170.00 for one-half the length or one pipe; or, $340.00 if Swalling would agree to deliver the damaged pipe section to the Seward Public Works yard. Following discussion, it was moved by Meehan, seconded by Gillespie and unanimously, carried by all those present to accept the recommendation of the City Engineer and award to Swalling either $170.00 or $340.00 if the pipe' is delivered to the City. 1. April 16, 1984, letter from Don Calhoon, Secretary of ILWU Local 200/Unit 60, requesting a work session with the Council to discuss the use or local longshoremen on the City's Fourth Avenue Dock and the new MIC dock was noted. Cripps, with the consent of the Coun- cil, instructed the Clerk to schedule a work session ror Monday, May 7, 1984, beginning at 7:00 p.m. XII. CITY MANAGER REPORTS: A. April 13, 1984, letter from Representative Bob Bettis- worth relative to his proposal that would allow Alaskans to invest their annual dividend checks in an interest bearing trust fund and eventually purchase the State's interest in the Alaska Railroad was noted. Upon ("".n:""'" PAGE 227 REGULAR MEETING - APRIL 23, 1984 VOLUME 20 the recommendation of the City Manager, Council instructed the adminis- tration to drart a letter in support of Bettisworth's proposal ror the Mayor's signature. XII 1. COUNCIL DISCUSSION: I WILLIAMS stated that she was pleased to see that some progress was being made on the much needed trailer ordinance revisions. Murphy explained to Council that the packets before them had been prepared by the attorney ror Council's review. An ordinance incorporating the changes suggested by the Planning Commission would be presented ror introduction at the next meeting; therefore, any comments, suggestions or changes individual Councilmembers wished to see incorporated in the completed document should be rorwarded to the attorney as soon as possible. MEEHAN Tunnel project. inquired about the rail remalnlng rrom the Lowell Diener stated that only 10% of the rail had been used. GILLESPIE requested that the administration pursue the rlood plain insurance program. CRIPPS asked about the status or the investigation as to the advisability or opening the harbor showers in the evenings. Garzini stated that Seward Suds' owners had indicated that they planned to install about one-haIr dozen showers this year for use by the public. The harbormaster was scheduled to meet with the owners soon to discuss this. If they intended to make their showers available to the public in the evenings, there would be no need to open the harbor showers. XIV. CITIZENS' DISCUSSION: I A. WALTER CHRISTOLEAR, Brown & Hawkins Apartments, Seward, appeared before Council and asked its support in requesting a public hearing berore the Department or Fish and Game before the Department proceeds with its plans to fertilize Bear Lake in its continuing errort to make it a silver salmon breeding ground. Garzini stated that he would write a letter to the proper authorities and request such a hearing. XV. ADJOURNMENT: Linda City The meeting was adjourned at 9:20 p.m. and arter a short reconvened in executive session to discuss a matter under Q..A!~ Donald W. Cripps Mayor PAGE 227 - APRIL 30, 1984 VOLUME 20 I 1. CALL TO ORDER: The April 30, 1984 special meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Wilson led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- r, (') '.'" ......j............J PAGE 228 SPECIAL MEETING - APRIL 30, 1984 VOLUME 20 ton, Swartz, Williams and Wilson (Councilmem- ber Meehan was absent with Council consent) Present also: City Manager Garzini and City Clerk Murphy IV. SPECIAL ITEM: GATEWAY SUB/ A. April 30, 1984, memorandum from Administrative Assistant CON - : Kerry Martin recommending that Council authorize the City Manager to enter into contract negotiations with Gateway Ventures for the develop- ment of the Gateway Subdivision was noted. Garzini noted that rive proposals had been received, the field was narrowed to three by the review committee and, following presentations by these three, was narrowed to two proposers--Gateway Ventures and Quadrant Development Company. Garzini rurther stated that risk to the City was significantly lower under the Gateway Ventures proposal, adding that the only cost to be borne by the City would be the construction or orfsite improvements. In response to questions rrom Hilton, he stated that he favored accept- ing a lower rate of return for the City in exchange for both lower lot prices for the consumer and the lower rinancial risk to the City. Hilton stated he was opposed to the City giving away 71 acres of land ror private development. He added that, while the City made nothing, the developer would be walking away with a herty profit. Garzini pointed out that several factors had to be considered: financing costs to the developer; Seward's untested, high risk market, and the time involved in fully developing and selling 2S0 lots. Following further discussion, it was moved by Wilson, seconded by Williams and carried as rollows to authorize the City Manager to enter into negotiations with Gateway Ventures: AYES: NOES: ABSTAIN: Cripps, Hilton, Swartz, Williams and Wilson None Gillespie NOTE: Gillespie abstained due to his direct financial interest in Gateway Ventures. V. CITIZENS' DISCUSSION: A. JONATHAN SEWALL, Forest Acres, appeared berore Council and asked several questions about development costs which were answered by the City Manager. adjourned at 7:4S p.m. QJV~ Donald W. Cripps Mayor ------------------------------------------------------------------------ PAGE 228 REGULAR MEETING - MAY 14, 1984 VOLUME 20 1. CALL TO ORDER: The May 14, 1984, 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 Meehan led the pledge or allegiance to the rlag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Meehan, Swartz, I I I , \ PAGE 229 REGULAR MEETING - MAY 14, 1984 VOLUME 20 Williams and Wilson--Wilson arrived at 9:00 p.m. (Absent with Council consent were Council- members Gillespie and Hilton) Present also: City Manager Garzini, City Attorney Arvidson and City Clerk Murphy SPECIAL PRESENTATION: Mayor Cripps presented a plaque to Murl Trevethan in recogni- tion of fifty years' service on the Seward Volunteer Fire Department. IV. APPROVAL OF MINUTES: Meehan asked that the April 30, 1984, minutes be amended to reflect his absence. It was moved by Meehan, seconded by Williams and unanimously carried by all those present to approve the April 23 minutes as written and the April 30, 1984, minutes as amended. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: At the request of the City Manager, it was moved by Swartz, seconded by Williams and unanimously carried by all those present to meet in executive session immediately following the close of regular business in order to discuss both a legal matter and a personnel matter. It was then moved by Meehan, seconded by Swartz 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. May 7, 1984, Finance Department's list or accounts payable totalling $2,167,537.23, was approved for payment and filed; RESO/DAY CARE: Resolution No. 84-40, authorizing participation in the State's FY85 Day Care Assistance Program, was approved and filed; 2. RESO/ST. ,RDS.& TRAILS: the route of the through the City or 3. Resolution No. 84-41, designating Iditarod National Historic Trail Seward, was approved and filed; 4. May 9, 1984, memorandum from Administrative Assistant Martin relative to SBH Boardwalk development was noted and public hearing was scheduled ror May 29, 1984; ABCB: S. Application requesting transfer of liquor -licen-se rrom previous owners or the Yukon Canoe Club, Inc., to the new principals of the corporation was filed without ob- jection; PROCLAMATIONS: 6. A proclamation naming May 20-16, 1984, Wor~d Trade Week was noted for information and filed; 7. April 2S, 1984, memorandum from Harborm3ster Singleton relative to proposed extended harbor shower hours was noted for inrormation and riled; 8. April 4, Cervantes was noted 1984, memorandum from Borough Planner Steve relative to the FederaI Flood Insurance Program ror inrormation and filed; BUDGET/GRANTS/ PHN: May 3, 1984, letter rrom Public Health Nurse Lois Daubney requesting a $1200 grant ror FY85 was noted for inrorma- tion and filed; and 9. 10. Application for permit from the Corps of Engineers as filed by US DOT /FRA/ ARR was noted for information and riled. VI. BOROUGH ASSEMBLY REPORT: nn} L;)l PAGE 230 REGULAR MEETING - MAY 14, 1984 VOLUME 20 Kenai Peninsula Borough Representative Jonathan Sewall was not present and no report was given. VII. PUBLIC HEARINGS: BUDGET: A. Notice of public hearing as published and posted by law relative to the proposed FY8S City Budget and the relationship of Federal Shared Revenues to that budget was noted and the public hearing was opened. KEITH CAMPBELL, Forest Acres, Seward, appeared before Council and noted that the Borough Sales Tax Committee (to which he had been appointed by Council) had not yet met, but the sales tax figures contained in the budget should not be considered accurate. He urged the Council to pass a resolution calling ror a total accounting or sales tax revenues within the Borough. No one else appeared from the audience in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) A. Bob Valdatta, appeared berore Council and requested that Council consider his proposal to negotiate with the administration to create a "wharfage service" for the "complete maritime perimeter". At the suggestion of the City Manager, Valdatta's proposal was referred to the Trade Board for recommendation to Council. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: ORD/TRAILERS: 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, REPEALING CHAPTER 21, TRAILERS AND TRAILER COURTS, AND SECTION 14-81.1 OF THE SEWARD CITY CODE, AND ENACTING CHAPTER 21, TRAILERS, MOBILE HOME PARKS, CAMPER PARKS AND CAMPING, AND AMENDING SECTION 14-81 OF THE SEWARD CITY CODE. The City Attorney noted that he had incorporated changes suggested by the Planning Commission at its work sessions in the Spring and Summer or 1983. I t was moved by Meehan, seconded by Swartz and unanimously carried by all those present to introduce proposed Ordinance No. S22. Public hearing was scheduled for May 29, 1984. ORD/TAXES/SLAC: 2. 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, AMENDING CHAPTER 19A OF THE SEWARD CITY CODE BY LEVYING A TWO PERCENT TAX ON THE SALE OF ALCOHOLIC BEVERAGES. Garzini stated that he had met with Gene Kingrea, Executive Director or the Seward Life Action Council (SLAC), as suggested by Gillespie. He added that there were no alternative funding sources within the City that would supply the long term level or support needed by the agency. He recommended introduction of this ordinance which would put the question of the 2% tax on the sale or alcoholic beverages berore the voters. Williams stated that she was opposed to the tax, adding that the local businessmen would be unable to compete with this added burden. Meehan and Swartz felt the issue should be decided by the voters; Meehan added that he was inclined to support the tax, stating that if "alcohol creates the problem, alcohol should pay for it". It was moved by Meehan, seconded by Swartz and unanimously carried by all those present to introduce proposed Ordinance No. 523. Public hearing was scheduled ror May 29, 1984. I I I ,..,. ,....".... PAGE 231 REGULAR MEETING - MAY 14, 1984 VOLUME 20 B. Ordinances for Public Hearing and Enactment: None. C. Resolutions: RESO/PURCH/EQUIP: 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, APPROPRI- ATING FUNDS FROM THE GENERAL FUND- FUND BALANCE TO THE STREET DEPARTMENT CAPITAL ACCOUNT FOR THE PURCHASE OF A STREET SWEEPER. May 2, 1984, memorandum rrom City Engineer/Utilities Manager Paul Diener recommending approval or the resolution was noted. Diener stated that, based on an annualized comparison, purchasing a new rotary broom sweeper would be more cost effective than contracting the work. He noted that, in the past, the City had used the State's equipment for street sweep- ing, but increased demand had made this equipment less readily avail- able. Following further discussion, it was moved by Meehan, seconded by Williams and unanimously carried by all those present to approve Resolu- tion No. 84-42, appropriating funds not to exceed $28,000 ror the purchase of a street sweeper. X. UNFINISHED BUSINESS: None. XI. NEW BUSINESS: CON-070: A. May 8, 1984, memorandum rrom Diener recommending approval of a change order to the Alaska Bonafide Contractors contract ror the Jefferson Street drainage project was noted. Diener explained that this change order, necessitated by extra onsite work, would close out the contract. It was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve Change Order No. 1 to Alaska Bonaride Contractors in an amount not to exceed $S62I.89. B. 29 meeting. Garzini requested that this item be tabled until the May C. Tabled until later in the meeting. (See Page 232.) HARBOR: D. April 28, 1984, letter from ANPAC, Inc., objecting to the City's dock use permit charges and May 10, 1984, memorandum from Willard Dunham outlining the Trade Board's review and recommendations were noted. Harbormaster Foster Singleton stated that the City had solicited bids ror use or the City's docks as required by Resolution No. 84-29; one viable response had been received. Dragnet Fisheries had submitted a bid ror use or the Dock beginning May IS and had included the proper deposit, bond and insurance. Singleton also explained that the dock would be further utilized by others besides rish buyers. Cripps stated that the resolution was not intended to restrict the use of the dock, but was intended to ensure that those users who utilize the dock during peak seasons share in the cost of maintaining the facility. Garzini. noting a letter from Joanne Hoogland objecting to the dock use permit, stated that the dock is open to the highest bidder. He further noted that, since a permit has been issued to Dragnet, he would recommend that the Council rerrain rrom acting until the end or this season. In the meantime, the Trade Board could review the operations and come back to the Council with its assessment and recommendations. Dunham stated that the main concern of the Trade Board was that charges were not going to be assessed on all fish products--Singleton denied this, stating that the wharrage fee would be "across the board"--and that the dock I s use would be restricted to only one user--Singleton noted that his intent in requesting the institution of a use permit was to ease congestion on the T-Dock. Upon the recommendation of the City Manager, Council instructed n .r)C\ "'::"0~ HARBOR: PAGE 232 REGULAR MEETING - MAY 14, 1984 VOLUME 20 the administration to proceed with enrorcement of Resolution No. 84-29 until the end of the season at which time it would like to receive an assessment rrom the Trade Board. E. April 24, 1984, letter of complaint as riled by David W. Stevens relative to the City's boat cradle storage and May 9, 1984, response from Harbormaster Singleton were noted. Garzini stated that the Administration would like to move towards eliminating boat cradle storage on City property, adding that the private sector should be able to provide this service. He outlined the problems experienced by the Harbor personnel in providing security, noting that often campers looking for rirewood and other boaters looking for blocking dismantle or destroy the cradles in their errorts. The Mayor, with Council consent, instructed the administration to continue with its efrorts to remove boat cradles rrom City property. Garzini noted that notices would be sent to cradle owners--Noncompliance with the City's request to remove the cradles would result in impounding same. FIREWORKS: P&Z: MIC: F. April 19, 1984, letter from Bill Schoephoester or the William H. Seward Yacht Club requesting Council permission to fire a black powder cannon to signal the start or club activities was noted. It was moved by Meehan, seconded by Williams and unanimously carried by all those present to grant permission to the Yacht Club to fire its cannon as requested. G. May 9, 1984, memorandum from the City Clerk requesting authorization to advertise a vacancy on the Planning Commission created by the resignation or Doug Capra was noted. Murphy advised Council that Donald Sutherland had asked that his application be considered at this time. Cripps, at the request of Williams, instructed the Clerk to advertise the vacancy and to schedule this item for Council action at the next meeting. C. (TAKEN OUT OF ORDER) Garzini introduced Bob Dempsey, Executive Director or Alaska Interior Resources (AIR), and Bill Whaley, Member of the Board of Directors of AIR. Dempsey outlined for the Council a proposal submitted by AIR and Korean Shipbuilding and Engi- neering Corp. (KSEC) to lease approximately 100 acres of land at the Marine Industrial Center. He stated that the KSEC/AIR JV was interested in a 5S-year franchise on the property for construction or several facilities including ship building, steel fabrication, methi-coal production, and power generation. Dempsey explained that his company had agreed to construct the transrer pits and cradles in addition to guaranteeing that a minimum or SO jobs would be created after 18 months with an additional SO jobs after 36 months. If these employment figures were met, there would be no rental due during the rirst five years of the lease. From 1990-I99S, the rental would be based on a sliding scale. Beginning in 1996, rental would be at fair market value which has been established by the administration to be $640,000. with a yearly inflationary adjustment of not more than S%. Meehati objected to setting the base at $640,000, stating that FMV in 1996 wouL'dp't'1)bably be quite a bit higher than FMV in 1984 dollars. Dempsey stated that his company would be unable to enter into an agreement ir it cannot have a firm rental rate at the outset. Garzini noted that the. intent of the Council when construction at the MIC commenced was to provide jobs for the community. KSEC/AIR was committed to either providing the minimum number of jobs set rorth in the agreement or pay FMV i~ rent during the first five years. He added that KSEC/AIR would be. investing a great deal or private money into the racility in exchange for this proposed rental arrangement. Cripps stated that the benerits rrom the creation of jobs would outweigh any disadvantage of a long term lease at a rixed rate. Swartz and Wilson agreed. Arvidson advised the Council that the City could grant a rranchise only arter approval of the voters. He therefore suggested that Council call a special election to consider both the rranchise and the proposed lease agreement. Cripps instructed the Manager and the Attorney to continue with negotiations and the preparatory work to call a special election to decide this issue. XII. CITY MANAGER REPORTS: Garzini stated that he hoped to present to the Council at the May 29 meeting the necessary paperwork and resolution which would allow r~ +) PAGE 233 REGULAR MEETING - MAY 14, 1984 VOLUME 20 the City to participate in the Federal Flood Plain Insurance Program. In addition, Council would be asked to review the Acres/Hanscomb pro- posal ror FY8S at the next meeting. Garzini rurther stated that SunEel had opened bids ror Phase III of its coal project; construction should start shortly. XII 1. COUNCIL DISCUSSION: I SWARTZ asked that everyone be aware of children both on an ofr bicycles now that the weather is getting nicer. She also asked that the City begin stricter enrorcement of its animal control ordinance. Garzini stated that Rich Johnson, the Animal Control Of ricer, would be working irregular shifts in the future in an effort to eliminate the problem of dogs running at large before 8:00 a.m. and arter 5:00 p.m. WILLIAMS asked if speed bumps could be placed in Gateway Subdivision and asked if something could be done about speeding in Forest Acres. Garzini stated that the City would experience liability problems ir speed bumps were placed on public rights of way. He added that creating narrower, winding roadways would do much to decrease the likelihood of speeding in Gateway Subdivision. CRIPPS asked the administration to look into the sarety problems presented by Lowell Point Road, stating that ignoring the problem would not make it go away. He also asked the City to pursue needed work on the railroad crossing on Airport Road. XIV. CITIZENS' DISCUSSION: I WILLIARD DUNHAM, Forest Acres, appeared before Council and asked that the Administration be instructed to look into the litter problem in Seward. He stated that several vacant lots in the downtown area were heavily littered. He also asked that the City voice its support of HB627 and SB479 (Forest Service Resource Bills). Finally, he asked that the City act on the KSEC/AIR proposal immediately. KEITH CAMPBELL. the Council to contact our ARR purchase right away. proposal. representing the Chamber of Commerce, asked legislators and urge them to proceed with the He also added his support ror the KSEC/ AIR XV. ADJOURNMENT: The meeting was adjourned at 10:00 p.m., and arter a short recess, Council reconvened in Executive Session to discuss matters under litigation and a personnel matter. I ?~~ Mayor " -'. " ", .'" .~ ~ '..~ "~ ~" '~ ~, " r,(", /' .',4 PAGE 234 REGULAR MEETING - MAY 29, 1984 VOLUME 20 1. CALL TO ORDER: The May 29, 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. IlL ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Mee- han, Swartz and Williams (Absent, with Council consent, were Councilmembers Hilton and Wilson) Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: It was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve the May 14, 1984, minutes 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 immediately following the close of regular business to discuss legal matters. Garzini then requested the addition of the rollowing items to the regular meeting agenda: 1) Item No. IX(C) (7), Proposed Resolution No. 84-SI, requesting funding for an update of the Seward Comprehensive Plan. 2) Item No. XII(A), Employee wage & class study. The Mayor requested one rurther addition to the agenda as rollows: 1) Item No. XI(J), Appointment to the Cook Inlet Aquaculture Association. It was moved by Gillespie, seconded by Williams and unanimously carried by all those present to approve the regular meeting agenda as amended and the consent calendar as presented, and the rollow- ing actions were taken: C.ATTY: 1. April 4, 1984, invoice from HTGP&B, for legal services totalling $9,768.S0, was approved for payment and filed; RESO/GRANTS/ EQUIP ;' 2. Resolution No. 84-43, approving the receipt of a munici- pal assistance grant rrom the State of Alaska for a radio translator, was approved and riled; RESO/FINANCE: 3. Resolution No. 84-44, authorizing signatures for the City bank account and rescinding all previous resolutions in conrlict therewith was approved and filed; and PROCLAMATIONS: 4. June was proclaimed "Hire a Vet Month". VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Sewall was unable to attend the meeting and no report was given. VII. PUBLIC HEARINGS: PH/SBH: A. Notice of public hearing as posted and published by law was noted and the public hearing relative to a proposed amendment to the Small Boat Harbor Uplands Management Master Plan ror development or the boardwalk and concession booth leases was opened. CHRISTINE WERNER, Third Avenue, appeared berore Council and voiced her opposition to the proposal to ofrer seasonal leases on prime City property for only $2S/month. She stated that allowing outsiders to "come in and take the cream of the crop in the sU1Illller" was not rair to I I I PAGE 23S REGULAR MEETING - MAY 29, 1984 VOLUME 20 those Seward businessmen who had made a commitment to the City by investing year-round. DALE CLEMENS, Seward Small Boat Harbor lessee, appeared before Council and asked that any concession booths constructed be permanent structures which conformed to all City building codes. KAYE MASON, Seward, appeared berore Council and stated that she was interested in leasing one of the booths as an outlet for her bakery business. She added that she was not opposed to paying a fair rental rate and urged the Council to consider the amendment favorably. No one else appeared rrom the audience in order to be heard and the public hearing was closed. B. Notice or public hearing as published and posted by law was noted and the public hearing relative to the lease of the "Old Depot" building and prererential use or the Fourth Avenue Dock to the Alaska Marine Highway Ferry System was opened. No one appeared rrom the audience in order to be heard and the public hearing was closed. C. Notice or public hearing as published and posted by law was noted and the public hearing relative to the proposed FY85 City budget and the relationship or Federal Revenue Sharing Funds to that Budget was opened. No one appeared from the audience in order to be heard and the public hearing was closed. VII 1. CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: ORD/FINANCE 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, REPEALING AND RE-ENACTING CHAPTER 10, SECTION 10.8 OF THE SEWARD CITY CODE RELATIVE TO BID PROCEDURES. Garzini stated that this proposed ordinance had been drafted in response to a request from Council that some form of preference be shown local contractors bidding on City projects. The effect of the ordinance would be to give preference to contractors maintaining their businesses within the City if their bids were within the lesser of $5,000 or S% of the low bid. Following discussion, it was moved by Meehan, seconded by Gil- lespie and unanimously carried by all those present to introduce pro- posed Ordinance No. S24. Public hearing was scheduled ror the rirst meeting in June. B. Ordinances for Public Hearing and Enactment: ORD/TRAILERS: 1. Copies having been made available to the public, Cripps noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, REPEALING CHAPTER 21, TRAIL- ERS AND TRAILER COURTS, AND SECTION 14-81.1 OF THE SEWARD CITY CODE, ENACTING CHAPTER 21, TRAILERS, MOBILE HOME PARKS, CAMPER PARKS AND CAMPING, AND AMENDING SECTION 14-81 OF THE SEWARD CITY CODE. Arvidson directed Council's attention to the following additions to several blanks in the proposed ordinance: 1) Page 4--Add "R3 or CL"; 2) Page 7--Add "Residential"; and 3) Page I4--Add "24 feet" to the first blank and "14 reet" to the second blank. Notice of public hearing as posted and published by law was noted and the public hearing was opened; no one appeared rrom the audience in order to be heard and the public r'\ ~ r... " .- .....vv PAGE 236 REGULAR MEETING - MAY 29, 1984 VOLUME 20 hearing was closed. Following discussion, it was moved by Meehan, seconded by Swartz and unanimously carried by all those present to enact Ordinance No. S22, to take errect 10 days rollowing enactment. ORD/TAXES: 2. 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, AMENDING CHAPTER I9A OF THE SEWARD CITY CODE BY LEVYING A TWO PERCENT TAX ON THE SALE OF ALCOHOLIC BEVERAGES. Garzini requested an amendment to the proposed ordinance, changing the errective date to January 1, 1985, in order to coincide with the Bor- ough's collection and assessment schedule. Garzini also noted that, if enacted, this ordinance would place the question or levying the proposed tax before the voters at the October 2, regular election. Only if ratiried by a maj ority of those voting would the ordinance become effective. Revenue generated by the sales tax would be used to rund alcohol treatment programs and education orfered by the Seward Life Action Council (SLAC). Notice or public hearing as posted and published by law was noted and the public hearing was opened. JACK WERNER, local merchant, appeared berore Council and expressed his opposition to the proposed ordinance. He stated that an additional sales tax would make it impossible for local businessmen dealing in the retail sale of alcohol to compete with Anchorage stores. He added that if the State railed to rund SLAC rully, the City should supply the funding. He urged the Council not to put this issued before the voters. DALE WILLIAMS, Bayview Manor, appeared before Council and stated that he too was opposed to the proposed alcohol tax. No one else appeared rrom the audience in order to be heard and the public hearing was closed. Cripps stated that he agreed with many of the statements made by Werner. Swartz voiced her agreement, but stated that the issue should be put to the voters. Meehan concurred. Williams noted that Council needed more information from SLAC and the Administration before taking action. Following further discussion, it was moved by Meehan, seconded by Williams and unanimously carried by all those present to table rurther discussion and action on the proposed ordinance until the July 9, 1984, regular meeting. The Clerk was instructed to advertise a public hearing for that date. Gillespie asked that inrormation concern- ing the amount or projected revenues, and SLAC's funding, budget and programs be submitted to the Council prior to that meeting. C. Resolutions: RESO/SBH: 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, AMENDING THE SMALL BOAT HARBOR UPLANDS MANAGE- MENT MASTER PLAN. Garzini noted the May 24, 1984, memorandum from Administrative Assistant Kerry Martin recommending approval or the proposed resolution. He noted that the concession booth concept had been developed in an efrort to meet seasonal and civic needs. All structures would be constructed according to the City's specifications from weathered cedar, thus assuring conformity of design. Martin noted that a prospective lessee would be required to build his own "hut" or "booth"; in return he would have an option to lease for three consecutive years. He proposed a rental rate of $25/month to cover administrative costs over fair market rental value. In response to Gillespie's concerns that the Chamber should be involved in formulating these plans, Martin stated that he had been unable to generate any response rrom the Chamber. Swartz stated her support for the concept of the boardwalk and seasonal concessions. Williams took exception to the proposed $2S/month rental rate. She suggested that the monthly rent be raised substantially; however, a "' t""1 PAGE 237 REGULAR MEETING - MAY 29, 1984 VOLUME 20 lessee who constructed his own booth or hut should be reimbursed through reduced rent during the first two years of his contract with the City. Meehan agreed that $2S/month did not seem like enough rent. Cripps instructed the administration to research the fee structure and to report to Council at its next regular meeting with a recommendation. Following further discussion, it was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 84-4S. I RECESS: The meeting was recessed at 8:56 p.m.; reconvened at 9:08 p.m. RESO/RE-~: 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, PROVIDING FOR THE DISPOSAL BY LEASE OF THE "OLD DEPOT" BUILDING AND PREFERENTIAL USE OF THE FOURTH AVENUE DOCK BY THE STATE OF ALASKA MARINE HIGHWAY SYSTEM. Garzini noted that the proposed new lease agreement contained a 5% increase in the rental rate and dock use rate as well as deletion of the "rree water" clause--The City will begin metering and charging the Ferry for water used. Following discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 84-46. to take errect 30 days following enact- ment. RESO/BONDS/ IND. Cripps DEV: 3. Copies having been made available to the public, noted by title only a proposed resolution entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING A RESOLUTION DETERMINING TO SELL REVENUE BONDS TO PROVIDE FOR FUNDS TO FINANCE CERTAIN FACILITIES WITHIN THE CITY. Garzini introduced Bill Noll, Vice President of SunEel, and Don Grimes, representing First Southwest Company, to the Council. Grimes noted that the amendment to Resolution No. 83-46 was necessary to change the amount of potential bonding from $10 Million to $IS Million. He reminded Council that the City would never be at risk--The City was merely a conduit and would not be required to pledge its full raith and credit. Noll provided Council with a coal project update, noting that SunEel was projecting September 1 as the date the first shipment of coal would be made to Korea. Following further discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to approve Resolution No. 84-47. RESO/FLOOD CONTROL: 4-S. Copies having been made available to the public, Cripps noted by title only two proposed resolutions entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PERTAIN- ING TO THE PARTICIPATION OF THE CITY OF SEWARD IN THE NATIONAL FLOOD INSURANCE PROGRAM. (84-48) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PERTAIN- ING TO THE PARTICIPATION OF THE CITY OF SEWARD IN THE NATIONAL FLOOD INSURANCE PROGRAM. (84-49) Garzini noted Schaerermeyer represented a criteria set the May 24, 1984, memorandum rrom Assistant City Manager recommending approval of the two resolutions. The first statement of assurance that the City will comply with the forth in Section 1910 of the National FLood Insurance 1"1')8 L;0 . PAGE 238 REGULAR MEETING - MAY 29, 1984 VOLUME 20 Program regulations; the second indicated to the federal flood insurance orficials the building permit system adopted by the City and incorporat- ed a review system to determine if proposed building sites will be reasonably safe from flooding. In addition, it provided remedial methods that must be met if a building site is in a flood hazard area. Following discussion, it was moved by Meehan, seconded by Williams and unanimously carried by all those present to approve Resolution No. 84-48 and Resolution No. 84-49. RESO/DOCKS & HARBORS: 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 TERMINAL USE PERMIT FORMS FOR USE OF PUBLIC DOCK FACILITIES. Garzini noted that the City currently had no rules to govern use or City-owned docks. The purpose of the proposed resolutions was to adopt rules and regulations which would apply to all docks controlled by the City, including the facilities being constructed at the Marine Indus- trial Center. In response to a question from Meehan, Garzini explained that Seward Fisheries would not be afrected as long as it used only the dock space covered in its lease agreement with the City. It was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 84-50. RESO/COMP PLAN: 7. distributed to the resolution entitled: Copies having been made available to the public and Council, Cripps noted by title only a proposed A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REQUEST- ING FUNDING AND A TRANSFER OF RESPON- SIBILITIES FROM THE KENAI PENINSULA BOROUGH TO THE CITY OF SEWARD FOR THE SEWARD COMPREHENSIVE PLAN UPDATE. Garzini noted that the State had set aside funds ror comprehensive planning by municipalities. However, the runds were only available through June 30. Garzini stated that the administration hoped to acquire $SO,OOO which the Borough had set aside in its FY84 budget for community planning, adding that the Borough Mayor would have to commit these runds prior to the end of the riscal year. In addition, the City was requesting a TORA from the Borough which would allow the City to do the complete Comprehensive Plan itself. Following discussion, it was moved by Swartz, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 84-S1. x. UNFINISHED BUSINESS: None. XI. NEW BUSINESS: RE- 037 A. May 23, 1984, memorandum rrom Martin relative to a requested lease assignment of Lot 7, Block 1, Marina Subdivision, to Dean Lust was noted. Garzini stated that the City had completed lease negotiations with Lust and that Council had given its approval of the lease rollowing the required public hearing. In order for Lust to arrange and acquire financing, the National Bank of Alaska had asked ror a formal assignment or lease interest. It was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to follow the recommendation of the administration and to approve the assignment of the lease interest or Mr. Dean Lust in Lot 7, Block 1, Marina Subdivision, to the National Bank of Alaska. CON- 068: B. May 21, 1984, memorandum rrom Paul Diener, City Engi- --- neer/Utilities Manager, recommending approval of Change Order No. 1 to the Ebasco Contract for a credit of $9,4S9 was noted. It was moved by 0t)(\ PAGE 239 REGULAR MEETING - MAY 29, 1984 VOLUME 20 Gillespie, seconded by Swartz and unanimously carried by all those present to approve Change Order No.1, to Ebasco. CON- 080; C. May 23, 1984, memorandum rrom Tim Pflum, Special Proj ects Engineer, relative to the proposed contract for street repairs was noted. The project would complete the Jerrerson Street drainage im- provements begun last fall. Three bids were submitted--Prlum recommend- ed award to the low bidder, METCO, Inc. Following discussion, it was moved by Meehan, seconded by Gillespie and unanimously carried by all those present to authorize a contract with METCO, Inc. ror street repairs in an amount not to exceed $13,678.24. I CON- 079: D. May 22, 1984, memorandum rrom Prlum relative a contract award for the purchase of pipe materials was noted. Diener stated that three bids had been received; of the three only one was deemed a respon- sive bidder (two of the bidders failed to bid on the entire package). Upon the recommendation or the City Engineer/Utilities Manager, it was moved by Meehan, seconded by Swartz and unanimously carried by all those present to issue a purchase order ror pipe materials to Western Util- ities in an amount not to exceed $100,S63.21. CON-OBI: E. May 23,1984, memorandum from Prlum relative to the purchase of topsoil ror the Seward Greenbelt was noted. Garzini noted that only one bid had been received; AKCON, Inc. agreed to supply topsoil meeting the specifications set rorth in the bid package for a price of $19.2S/yard. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried by all those present to accept the administration's recommendation and award the contract for supply of topsoil to AKCON, Inc. in an amount not to exceed $12,127.00. I CITY EQUIP / F. May 22, 1984, memorandum from Diener relative to the PURCH: purchase of a street sweeper for the City was noted. Diener noted that Guthrie Company was the low bidder, but was not considered responsive since it could not meet the required delivery time of 30 days. There- fore, he recommended award to Sahlberg Company, the next low bidder. Following discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to accept the administration's recommendation and award a contract ror the purchase of a street sweeper to Sahlberg ror the amount or $27,99S. C.ATTY/BONDS: G. May 23, 1984, memorandum rrom Schaefermeyer relative to appointment of a bond counsel for the City was noted. Garzini stated that Council had, at the request of SeaWay, retained the services or Preston, Thorgrimson, Ellis and Holman as bond counsel for the SeaWay Express IDB sale on November 21, 1983. Prior to that time, the firm or Wohlforth and Flint had approached the City and had ofrered its services as bond counsel. At that time, the rirm had advised the City on the proper procedure ror the necessary charter changes which would allow the City to sell IDB's. With construction about to commence on the coal terminal and the proposed KSEC/ AIRCO lease of the Marine Industrial Center, the City must begin to think about the prospect of selling industrial revenue bonds. Both the administration and the City's rinancial advisor (First Southwest Company) recommended the retention or Wohlforth and Flint. Following discussion, it was moved by Meehan, seconded by Swartz and unanimously carried by all those present to appoint the rirm of Wohlrorth and Flint as bond counsel for the City of Seward. I CON-OSO: H. May 23, 1984, memorandum from Diener relative to an - extension or the Acres/Hanscomb contract ror contract management was noted. Diener stated that the contract with A/H expired on May 15, 1984; however it had been the intent or both the City and A/R that the agreement was to be a multi-year agreement negotiated annually. He outlined ror Council changes to the FY84 contract. Specifically, he noted the inclusion of a "not to exceed" figure ($790,220)--Last year's contract had no limits. Following discussion, it was moved by Meehan, seconded by Williams and carried as follows to approve the contract with Acres/Hanscomb ror contract management: AYES: NOES: Cripps, Meehan, Swartz and Williams None 2<,0 PAGE 240 REGULAR MEETING - MAY 29, 1984 VOLUME 20 ABSTAIN: Gillespie NOTE: Gillespie noted that the firm of A/R rented office space which he owned; therefore, he had a direct financial interest in the outcome of the vote. P&Z: 1. May 23, 1984, memorandum rrom Murphy relative to a vacancy on the Seward Advisory Planning and Zoning Commission was noted. Murphy stated that applications had been received from Margaret Branson, Donald Sutherland and Christine Werner. A secret ballot was cast with the result that Margaret Branson was appointed to fill the vacancy lert by the resignation or Doug Capra. Her term is to expire February 1985. J. May 23, 1984, letter from Thomas E. Mears, Executive Director or the Cook Inlet Aquaculture Association Board or Directors was noted. Mears stated that the City had appointed Arne Hatch as its representative to the Board, with Willard Dunham as an alternate. Neither Hatch nor Dunham had been present at the last four meetings. Mears asked the Council to advise if it wished to retain its seat on the board and asked it to name its designated representative. Dunham stated that he had been unaware that Hatch had failed' to :<l-ttend the meetings and stated that he did wish to remain on the Bi;>arli'/ls an alternate. Cripps asked that the Council think about the appointment"or a represen- tative and asked the Clerk to schedule the appointment as an agenda item June 11. XII. CITY MANAGER REPORTS: Garzini introduced Jack Anderson, ,~ewly 'h~red Electrical Engineer, to the Council. , ,,' ',", Garzini noted the May 29, 1984, memora'r'rdum,,ffom Murphy rela- tive to a proposed Job Classification/Salary Plan update. He stated that the City's plan had never been reviewed by an independent profes- sional and recommended that Council invite Dick Salik or Salik Associ- ates in Oregon to meet with the Council to discuss his proposal to provide technical assistance to the City in updating its current plan. He noted that Salik had devised classification/ salary plans ror the Fairbanks North Star Borough, the Municipality of Anchorage, the City of Kenai and the City of Kodiak. Cripps directed the Clerk to arrange a meeting or the Council with Salik. XIII. COUNCIL DISCUSSION: MEEHAN asked Diener to explain the status of the proposed community center. Diener stated that the State had approved a $2S0,000 grant for design of the facility. Once that is complete, the City will have to obtain funds to construct the center. Meehan also asked the Administration to investigate the disappearance or the Trailblazers sign. SWARTZ asked the administration and the police to do something about the problem or barking dogs. Garzini stated that the Animal Control Orficer was investigating the purchase of a "Bark" collar which could be leased by dog owners in an efrort to teach their dogs to refrain rrom barking. CRIPPS commended the American Legion on its Memorial Day services. He also noted that the Air Force Band would be perrorming at the pavilion behind the Rec Camp on June 30 - July 2--All local citizens are invited to attend. Cripps also reported on his trip with Diener to observe the work in progress on the Anchorage-Fairbanks intertie. He closed by suggesting that the City look at its present rorm of govern- ment to decide whether the City would best be served by a City Manager or a strong Mayor. XIV. CITIZENS' DISCUSSION: WILLARD DUNHAM, Forest Acres, appeared before Council and suggested that the City and the Chamber plan a "Seward Success Day" welcoming new development to the Community. He also commented once again on the litter problem and asked the City to do something about it. , PAGE 241 REGULAR MEETING - MAY 29, 1984 VOLUME 20 I KEITH CAMPBELL, representing the Chamber of Commerce, appeared before Council and suggested that the City submit names of prospective members to the ARR Board to the Governor. He also asked the City's support or a cooperative agreement between the Chamber, the Department or Fish & Game and the City to fund a summer position to help Ted McHenry with the Bear Lake Restoration project. The Chamber would rund the position, and the funds would be funneled through the City's books. Gillespie stated that he was not opposed to the concept, but he was opposed to the Bear Lake project. Cripps, with Council consent, instructed the administration to proceed with the cooperative agreement. A resolution accepting the funds was scheduled for the June 11 meeting. CHRIS DINNAN, Sixth Avenue, appeared berore Council and asked about the status or proposed improvements to the Fourth Avenue Dock. Garzini noted that this item was "pretty high" on the list. XV. ADJOURNMENT: The meeting was adjourned at 11:20 p.m. '- / 7f:~ ~ j u v ~Iit{ , z~ Donald W. Cripp~ p Mayor VOLUME 20 1. CALL TO ORDER: I The June 11, 1984, regular meeting or the Seward City Council was called to order at 7:30 p.m. by Vice Mayor John F. Gillespie. II. OPENING CEREMONY: Councilmember Williams led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Vice Mayor Gillespie and Councilmembers Hilton, Swartz, Williams and Wilson (Absent, with Council consent, were Mayor Cripps and Council- member Meehan) Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: It was moved by Swartz, seconded by Wilson and unanimously carried by all those present to approve the May 29, 1984, regular meeting minutes as written. I V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Garzini requested the addition of the following three items to the regular meeting agenda: 1) Item No. XI(C) (6), Proposed Resolution No. 84-59, finding it in the public interest not to require an appraisal of the Gateway Subdivision prior to disposition; 2) Item No. IX(C)(7), Proposed Resolution No. 84-60, providing for the taking of the leasehold interest and dock permit or VECO Offshore, Inc.; 3) Item No. XI(C), granting an assignment of Mindenberg's leasehold interest in Lots 3, 4, and 8, Block 1, Marina Subdivision, to the National Bank of Alaska as loan security. It was moved by Wilson, seconded by Hilton and unani- mously carried by all those present to approve the regular meeting r'> / ') L'rL.. PAGE 242 REGULAR MEETING - JUNE 11, 1984 VOLUME 20 agenda as amended and the consent calendar as presented and the follow- ing actions were taken: RESO/RE- 042: 1. Resolution No. 84-S2, approving a short term lease of a portion or Lot 16, Seward Industrial Park, to Placid Oil Co., was approved and filed; RESO/PERSONNEL: 2. Resolution No. 84-S3, authorizing a cooperative agreement between the Chamber or Commerce, Department or Fish and Game and the City and accepting a grant rrom the Chamber to provide a temporary employee to aid in risheries enhancement, was approved and riled; CLIFF ADD: 3. A letter of nonobjection to the proposed vacation of Ravina Street between Lot 1, Block 11, and Lot 6, Block 12, Clifr Addition, was issued to the Kenai Peninsula Borough; RE-043 : 4. May 31. 1984, letter from Jim Pruitt reporting on the status or construction on the self serve station he is installing at Gateway Car Wash was noted for inrormation and filed; and S. CAB application as field by Chisum Flying Service for a certiricate of public convenience and necessity was noted for information and filed. V1. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall was unable to attend the meeting; there was no assembly report. VII. PUBLIC HEARINGS: None. VII 1. CITIZENS' DISCUSSION: (With prior notice only) None. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: ORD/TRAILERS: 1. 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 SECTIONS 22.40.220, 22.40.300, AND 22.60.010 OF THE SEWARD CITY CODE. Garzini explained that the proposed ordinance was a housekeeping measure designed to bring the language and derinitions in Chapter 22 of the Code into conformance with newly revised Chapter 21, relative to trailers, trailer courts and camper parks. It was moved by Swartz, seconded by Hilton and unanimously carried by all those present to introduce pro- posed Ordinance No. S2S. Public Hearing was scheduled for June 2S. B. Ordinances ror Public Hearing and Enactment: ORD/PURCHASING: 1. Copies having been made available to the public, Gillespie noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING AND RE-ENACTING CHAPTER 10, SECTION 10.8, OF THE SEWARD CITY CODE RELA- TIVE TO BID PROCEDURES. I I I 0"~ PAGE 243 REGULAR MEETING - JUNE 11, 1984 VOLUME 20 Garzini explained that this particular proposed ordinance had been patterned after one enacted by the Mat/Su Borough. The effect of the ordinance would be to give preference to a bidder operating and main- taining a business in the City of Seward if his bid was within the lesser of $SOOO or S% of the low bid. Notice or public hearing as posted and published 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. Williams stated that the ordinance was a good one and would benefit local suppliers as well as local contractors. Gil- lespie added that this type or ordinance was common in small Alaska communities and voiced his support ror the measure. Hilton questioned the need ror such an ordinance, stating that smaller bids to which this ordinance would apply would not attract bidders rrom Anchorage and Kenai. He added that the ordinance excluded those contractors living just outside the City, noting that these contractors consider themselves part or the Seward community. Gillespie noted ror the record a letter from the Seward Contractors Association stating that a poll of its membership indicated that 11 members were opposed to the ordinance while only 2 were in ravor. Following rurther discussion, it was moved by Gillespie, seconded by Swartz and failed to carry as rollows to enact proposed Ordinance No. S24: AYES: NOES: ABSTAIN: Gillespie, Swartz and Wilson Hilton Williams NOTE: Williams, a principal of Wells-Built Homes, Inc., and a past bidder on several City projects, abstained due to her potential rinan- cial conflict of interest. C. Resolutions: RESO/BUDGET: 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, AMENDING THE FY84 BUDGET. Garzini noted that a substitute resolution had been made available to the Council and the public. The substitute contained one additional budget increase to cover the cost of a City clean-up involving both the Teen Center and some of the prisoners in the Seward jail. This would bring the total FY84 adjustment to $103,000. Other increased expendi- tures were needed to cover cost overruns in several City departments including Engineering, Streets, and Police. Another large overrun was round in Unemployment Wages caused by unanticipated employee turnover. Garzini rurther explained that revenues for FY84 will exceed budgeted revenues by about $1 Million. He recommended approval or the proposed resolution. Following discussion, it was moved by Hilton, seconded by Swartz and unanimously carried by all those present to approve Resolu- tion No. 84-S4. RESO/BUDGET: 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 OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 1984. Garzini noted that the Council had conducted two public hearings and a worksession on both the operating and the utilities budgets, receiving no adverse public comment on either. He stated that the operating budget is a good one showing only minimal growth over FY84. It was moved by Hilton, seconded by Wilson and unanimously carried by all those present to approve Resolution No. 84-55. RESO/BUDGET: 3. Copies having been made available to the public, Gillespie noted by title only a proposed resolution entitled: ^./ / ..-. _. .... PAGE 244 REGULAR MEETING - JUNE 11, 1984 VOLUME 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE CITY UTILITIES BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 1984. Garzini noted that the electric utility was moving toward soundness. The water and sewer utility was bearing the burden of its first full year or the sewage treatment plant operation. With commercial and residential development, along with the soon to be instituted rate increase (in accordance with last year's cost of services study), this utility should begin to pay for itselr. At the present time, adminis- trative costs are not being charged to the utility. City Engineer / Utilities Manager Paul Diener explained that the City is also beginning to meter large water users in an erfort to encourage conservation and to more rairly spread the cost or the system. Following further dis- cussion, it was moved by Wilson, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-56. RESO/C.MANAGER: 4. 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 THE SALARY FOR THE CITY MANAGER AND RESCINDING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH. Garzini noted that a corrected resolution had been distributed to Council and made available to the public changing the amount or the Manager's proposed bonus to $3100. Hilton asked ir it was appropriate to award a bonus to a City Manager. Garzini explained that it was not uncommon, citing the fact that the Kenai Manager had received a bonus in lieu of a pay increase for the next riscal year. It was moved by Swartz, seconded by Williams and unanimously carried by all those present to approve Resolution No. 84-57. RESO/C.CLERK: S. 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 THE SALARY FOR THE CITY CLERK AND RESCINDING ALL PRIOR RESOLUTIONS IN CONFLICT HEREWITH. Wilson stated that he would be unable to support this resolution, adding that the Clerk was rairly compensated at her present salary. Hilton questioned giving the Clerk a 7. S% increase when the 'Manager received only S%. Gillespie explained that Garzini had agreed at last year's salary negotiations to receive only an annual COLA increase for the remainder of his stay with the City. All employees in the classified service were to receive COLA (estimated at S .1%+) plus a 2. S% step increase during FY8S. Wilson stated that the Clerk and Manager were covered under a totally different employment system and could not be compared to the classiried service employees. Gillespie noted that the Council had traditionally given the Clerk and Manager the same percentage increase as the classified employees. He added that following the Salary/Classification Plan study to be completed this summer, the Council will be able to develop standards for evaluating and compensating both of its appointed employees. Following further discussion, it was moved by Swartz, seconded by Williams and carried as follows to approve Resolution No. 84-S8: AYES: NOES: Gillespie, Hilton, Swartz and Williams Wilson RESO/GATEWAY SUB: distributed to tion entitled: 6. Copies having been made available to the public and Council, Gillespie noted by title only a proposed resolu- I I I PAGE 24S REGULAR MEETING - JUNE 11, 1984 VOLUME 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, FINDING THAT THE PUBLIC INTEREST WOULD NOT BE SERVED BY AN APPRAISAL PRIOR TO DISPOSITION OF THE GATEWAY SUBDIVI- SION. Garzini stated that passage of this resolution would be the first step toward disposal of the Gateway Subdivision to Gateway Ventures ror development. He noted that a public hearing and a resolution authorizing the actual transfer of the property were scheduled for the June 2S meeting. It was moved by Wilson, seconded by Williams and carried as rollows to approve Resolution No. 84-S9: AYES: NOES: ABSTAIN: Hilton, Swartz, Williams and Wilson None Gillespie NOTE: Gillespie noted his financial interest in Gateway Ventures and abstained rrom voting. RESO/RE- 025 : distributed to tion entitled: 7. Copies having been made available to the public and Council, Gillespie noted by title only a proposed resolu- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE TAKING OF THE LEASEHOLD INTEREST AND DOCK PERMIT OF VECO OFFSHORE, INC. Arvidson noted that this proposed resolution was prepared in response to Council's last executive session. He explained that condemning the property and taking it by eminent domain was one way to minimize any potential damage to the City. The resolution would set the stage for accomplishing condemnation of the property. Following discussion, it was moved by Wilson, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-60. x. UNFINISHED BUSINESS: SBH MASTER PLN: A. June 7, 1984, memorandum from Administrative Assistant Kerry Martin setting rorth specirications and lease procedure guidelines ror Small Boat Harbor boardwalk concessions was noted. Martin recom- mended raising the monthly rental rate to $300 ror a minimum of 4 months per year. The lease fee was to be waived ror the first three years if the lessee constructed his own building which would become the property of the City. Gillespie noted a petition signed by several local busi- nessmen which had been received just prior to the meeting recommending, among other things, that the $300/month rent be charged year-round. Garzini explained that all other concerns stated in the petition had been addressed in Martin's memo, adding that the minimum number of lease months per year was the only deviation. Swartz suggested that each lessee be required to rent ror a minimum or six months per year; Council concurred. Following rurther discussion, it was moved by Swartz, seconded by Williams and unanimously carried by all those present to approve the lease conditions as set rorth in the memorandum rrom Kerry Martin as amended to include a six-month per year minimum lease period. B. Gillespie, with the consent of Council, instructed the administration to ofrer the Aquaculture appointment to Arne Hatch. If Hatch was unable or unwilling to accept the appointment, the adminis- tration was asked to recommend another individual at the next meeting. In the meantime, Kerry Martin was appointed to represent the City's interest at the next Cook Inlet Aquaculture Association meeting. XI. NEW BUSINESS: ELECTIONS/GRN- A. June 6, 1984, memorandum from Murphy and attached peti- BLT/ tion requesting a rererendum vote on the question or incorporating WTR- Tracts S & 6, Waterfront Tracts, into the Seventh Avenue Greenbelt was FRNT TRACTS: 24,6 PAGE 246 REGULAR MEETING - JUNE 11. 1984 VOLUME 20 noted. Garzini recommended that Council take no action at this time. Ir no action is taken, the Clerk will be obliged to place the question on the October 2, 1984, regular election ballot. In response to a question from Gillespie, Murphy explained that Council had only two options--Either it must take action to initiate the required land use and zoning changes to accomplish the requested incorporation into the Greenbelt, or the issue must be put before the voters. It was the consensus of the Council to take no action at this time. RECESS: The meeting was recessed at 9:08 p.m.; reconvened at 9:16 p.m. PURCHASING/ B. June 6, 1984, memorandum rrom Martin recommending a bid EQUIP: award to Worthington Ford for the purchase of a IS-passenger van was noted. Garzini noted that Worthington was the lowest responsible bidder at $14,477. However, some additional items (cloth interior, undercoat- ing and a running board) had been added after the bid opening, bringing the total cost to $IS,S7S. Following discussion, it was moved by Swartz, seconded by Williams and unanimously carried by all those present to award the bid to Cal Worthington Ford for the purchase of a IS-passenger van in an amount not to exceed $Is.S7s. RE-038 /RE-010: C. June 11, 1984, memorandum rrom ,Martin relative to a proposed assignment of Juris Mindenberg's leasehold interest in Lots 3, 4, and 8, Block 1, Marina Subdivision, to National Bank of Alaska as loan security was noted. Garzini explained that NBA required such an assignment before financing could be completed. Following discussion, it was moved by Hilton, seconded by Williams and unanimously carried by all those present to approve the assignment or Mindenberg's lease interest in Lots 3, 4, and 8, Block 1, Marina Subdivision, to NBA. XII. CITY MANAGER REPORTS: Garzini noted that a worksession had been scheduled for Noon, Monday, June 18, in City Council Chambers, to discuss the draft Chugach Electric contract for the purchase of wholesale power and electric intertie funding alternatives. He also reminded Council that Dick Salik was scheduled to be in Seward ror a meeting with the Council at Noon, Friday, June 22, to discuss his proposal to conduct a classifica- tion/salary review and update. In response to a question from Gillespie, Garzini stated that KSEC and AIRCO could start construction at the Marine Industrial Center as soon after signing the lease agreement as they wished. However, they would probably elect to wait until approval of a rranchise on the dock which would require an election and a possible charter amendment. Garzini also stated that recent correspondence from SunEel indicated that a bond sale was scheduled rrom June 29. XII 1. COUNCIL DISCUSSION: SWARTZ suggested that the movie "Seward Is Burning" be shown prior to the usual June IS starting date. XIV. CITIZENS' DISCUSSION: PAT RILEY, appeared rrom the audience and suggested that the City carerully study its salary structure. He stated that public salaries are "way out of line" and that the private sector could not possibly compete with the City's yearly COLA plus merit increase. BRAD SNOWDEN, S25 Sixth Avenue, appeared before Council and asked that the City begin enforcing its laws prohibiting. "hitchhiking". XV. ADJOURNMENT: ,__(j)]JJy;a,'<!J.0?,>:.:." Th ., ;'Y' " co [' i' '--'-b- e \~ ('" ,.. .:J 1_ ;' J "(c~) "J' ',-". ',,' . , . ,,' .11 ~;;.). ~'V' ".\ ..!'H~. .7,~ '\') ':' , '. -',,\,, ".....1.<) \~... :' ,,, , '~ '\.:~ meeting was adjourned at 9:45 p.m. ,[La, I I I _. .' ........' PAGE 247 SPECIAL MEETING - JUNE 18, 1984 VOLUME 20 1. CALL TO ORDER: The June 18, 1984, special meeting of the Seward City Council was called to order at 12:00 Noon by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Williams led the pledge of allegiance to the flag. IlL ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Meehan, Williams and Wilson (Absent, with Council consent, was Councilmember Swartz) Present also: City Manager Garzini, Assistant City Manager Schaefermeyer and City Clerk Murphy IV. SPECIAL ITEM: A. Ordinances for Introduction: ORD/IDB 1. Copies having been made available to the public and distributed to Council, Cripps introduced by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, ESTABLISHING PROCEDURES FOR ISSUING ECONOMIC DEVELOPMENT BONDS AND PORT REVENUE BONDS AND MATTERS RELATED THERETO. Garzini explained that this proposed ordinance would establish proce- dures ror the issuance or industrial development bonds pursuant to the Charter amendment approved by the voters on October 4, 1983. He noted that the Council might be asked to declare an emergency and waive the mandatory 10-day waiting period rollowing enactment ir it appeared that the bonds would have to be sold prior to July 1 in order to be grand- fathered under new federal regulations removing the tax-exempt status of these bonds. This would save SunEel an estimated $700,000 per year ror the life of the bonds. Following discussion, it was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to introduce proposed Ordinance No. S26. Public hearing was scheduled for a special meeting to be held at 12:00 Noon, June 26, 1984. V. ADJOURNMENT: The meeting was ~Ji;j t2 ~ "'L!.'" .l': _l"; PAGE 248 1. REGULAR MEETING - JUNE 2S, 1984 VOLUME 20 CALL TO ORDER: The June 25, 1984, 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 Meehan 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, City Attorney Arvidson and City Clerk Murphy IV. APPROVAL OF MINUTES: It was moved by Gillespie, seconded by Hilton and carried as follows to approve the June 11 and June 18, 1984, minutes as written: AYES: NOES: ABSTAIN: Cripps, Gillespie, Hilton, Swartz, Williams & Wilson None Meehan NOTE: Meehan was not present at V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Garzini noted that a substitute resolution had been distribut- ed to Council and made available to the public to replace proposed Resolution No. 84-61, appropriating funds for sidewalk repairs. Follow- ing discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried to amend proposed Resolution No. 84-61, changing the effective date to July 1, 1984. It was then moved by Wilson, seconded by Gillespie and unanimously carried to approve the regular meeting agenda as presented and the consent calendar as amended and the follow- ing actions were taken: LEGAL FINANCE CON -080 PURCHASHING/ELEC. 4. RESO/CON- 088 RESO/PERMITS RESO/GRANT/FlRE RE-035 PERMITS 1. May 1984, invoice from HTGP&B for legal services total- ling $26,814.18, was approved for payment and filed; 2. June 14, 1984, Finance Department's list of accounts payable totalling $887,S29.13, was approved for payment and filed; 3. Change Order No. 1 to MET CO , Inc., for additional work totalling $2980.36, was approved and filed; The purchase of utility poles from McFarland Cascade in an amount not to exceed $19,792.00, was approved and filed; S. Resolution No. 84-61, appropriating runds for sidewalk repair was approved and filed; 6. Resolution No. 84-62, establishing an annual permit ree ror mobile home parks and camper parks was approved and filed; 7. Resolution No. 84-63, accepting a $1000.00 grant rrom the State ror the Volunteer Fire Department was approved and filed; 8. Supplemental Agreement No. 4 to the Air Force Rec Camp lease was approved and filed; 9. Application for permit for games of skill and chance as submitted by Seward Lire Action Council was riled without objection; I I I ,"" ~ , PAGE 249 REGULAR MEETING - JUNE 25, 1984 VOLUME 20 COUNCIL 10. June 20, 1984, memorandum from Murphy relative to the appointment of a representative to the Cook Inlet Aqua- culture Association was noted and the appointment was tabled until August 13, 1984; 11. June IS, 1984, letter from Department of Revenue relative to guideline criteria ror the issuance of alcoholic beverage dispensary licenses was riled without comment; and 12. June IS, 1984, letter from Henry Anderson relative to SBH charges was noted ror information and riled. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall was not present at this time--His report was presented later in the evening. VII. PUBLIC HEARINGS: RE -001 A. Notice of public hearing as posted and published by law relative to a proposed disposal of preferential use or a portion or the Seward Municipal Small Boat Harbor Boatlift Dock and the "T" Dock to Seward Fisheries was noted and the public hearing was opened. JOHN WOODRUFF, 611 First Avenue, representing Seward Fish- eries, stated that the memorandum prepared by Administrative Assistant Kerry Martin outlined any changes to the existing dock use agreement. He asked that Council give favorable consideration to the proposed new lease. No one else appeared rrom the audience in order to be heard and the public hearing was closed. GATEWAY SUB B. Notice of public hearing as posted and published by law relative to the proposed disposal or Gateway Subdivision to Gateway Ventures, Inc.. ror development was noted. Garzini stated that the proposed transaction was a very complex one that had been give much thought by the administration and the Council. He noted that some minor changes would be made to the attachments to the resolution approving the transaction: 1) the legal description in Schedule A would have to be modiried; 2) an escallator clause would be added to Schedule C; and 3) the legal description in the development agreement would have to be modified. Public hearing was opened. KEITH CAMPBELL, Forget-Me-Not Circle, appeared before Council and asked about the proposed timetable for development or the subdivi- sion. Ken Lythgoe, a principal in Gateway Ventures, stated that his rirm would be ready to start taking earnest money from interested buyers in about 2 weeks. The rirst phase or the project called ror the devel- opment or 64 lots and he predicted that the initial lots would be ready for building by September 1. No one else appeared from the audience in order to be heard and the public hearing was closed. RE-034 C. Notice or public hearing as posted and published by law relative to a proposed six-month lease extension to the Army Corps of Engineers for the Seward Army Recreation Site was noted and the public hearing was opened; no one appeared rrom the audience in order to be heard and the public hearing was closed. RE-=.Q32 D. Notice or public hearing as posted and published by law relative to a proposed lease agreement renewal with Resurrection Bay Entertainment Television, Inc., for joint use or the City's satellite receiving station ror the purpose of continuing to operate a pay tele- vision station was noted and the public hearing was opened; no one appeared rrom the audience in order to be heard and the public hearing was closed. VI. BOROUGH ASSEMBLY REPORT: (Taken out of order) A. KPB Assembly Representative Jonathan Sewall appeared before the Council and gave a verbal report or recent Borough budget meetings and workshops. He noted that Borough residents would be 250 PAGE 2S0 REGULAR MEETING - JUNE 25, 1984 VOLUME 20 getting a 3/4 mill discount this year on personal and real property taxes. VIII. CITIZENS' DISCUSSION: (With prior notice only) PERMITS A. ADAM GARDNER, representing Seward Fisheries, Inc., appeared before Council and asked for an exemption rrom the City's trailer ordinance that would allow the Fisheries to operate a camper park on property adjacent to SFI owned by Herman Leirer. Cripps, noting that this was the third request for an exemption in as many years, asked ir SFI had taken any steps to find a permanent solution to its annual problem or housing transient summer employees. Gardner stated that the cost of building a permanent structure was prohibitive. On the recommendation or the City Manager and consent or the Council, Cripps instructed the Clerk to issue a permit ror operation or a temporary camper park to SFI if it met all requirements set forth in the Code. LOCAL ORGS/ B. DENNIS SCHOLL, president of the Seward Little League FINANCE Association, appeared before Council and requested a $4,000 loan, repayable in two years, for the purchase or equipment ror the food concession at the Little League field. He noted that Council had granted the same type of loan to the Teen Center for the operation of its concession at the softball field, adding that the Little League would like the same opportunity to raise money to help defray the cost of sponsoring summer teams. He reminded Council that the Little League was one of the most popular summertime activities for children in the 10-12 year old age group. It was moved by Gillespie, seconded by Meehan and unanimously carried to lend the Little League $4,000 to purchase equipment for a food concession and to grant to the Little League Association a renewable lease or the concession stand located at the Little League field. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: ORD/ELECTIONS 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, REPEALING AND RECREATING CHAPTER 8 OF THE SEWARD CITY CODE RELATIVE TO ELEC- TIONS. Cripps asked ir it was necessary for the Council to serve as the can- vassing board ror City elections. Arvidson noted that this was custom- ary in smaller towns since the main question considered at a canvass was the residence of a questioned voter and the Council, as a body, was likely to know practically everyone in town. It was moved by Gillespie, seconded by Hilton and unanimously carried to introduce proposed Ordi- nance No. 527. (Public Hearing was set ror July 9, 1984.) B. Ordinances for Public Hearing and Enactment: ORD/TRAILERI 1. Copies having been made available to the public, PERMITS Cripps noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, AMENDING SECTIONS 22.40.220, 22.40.300, and 22.60.010 OF THE SEWARD CITY CODE. Cripps noted that this was a housekeeping measure to bring terminology and definitions in Chapter 22 into conrormance with the same in newly revised Chapter 21. Notice of public hearing as posted and published 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. It was moved by Meehan, seconded by Swartz and unanimously carried to enact Ordinance No. S2S. C. Resolutions: I I I ('\ :- .., PAGE 251 REGULAR MEETING - JUNE 25, 1984 VOLUME 20 RE-OVRESO 1. Copies having been made available to the public, ~ipps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE DISPOSAL OF PREFERENTIAL USE OF A PORTION OF THE SEWARD MUNICIPAL SMALL BOAT HARBOR. Cripps noted that this resolution along with the next three had been the subject of public hearings earlier in the meeting. Garzini requested that the motion for approval contain a finding that this dock lease to SFI be finalized without benefit or an appraisal. In response to a question rrom Wilson, Garzini noted that both SFI and the City had insurance covering the dock area. It was moved by Gillespie, seconded by Hilton and carried as rollows to approve Resolution No. 84-64, leasing the dock to SFI without benefit or an appraisal: AYES: NOES: ABSTAIN: Cripps, Gillespie, Hilton, Swartz, Williams & Wilson None Meehan NOTE: Meehan, an employee of Seward Fisheries, abstained due to his direct financial interest in the lease. RESO/GATEWAY SUB 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, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY A DISPOSITION OF THE GATEWAY SUBDIVISION BY NEGOTIATED SALE TO GATEWAY VENTURES, INC. June 8, 1984, memorandum from Garzini outlining the history or the Gateway Subdivision and the City's efforts to develop the area was noted. Garzini stated that the proposed sale and development agreement with Gateway Ventures would allow the City to "break even" on the project without having to bond any facet of the development. He added that the City's bonding power should be reserved ror projects or a more area-wide benefit. He recommended approval of the resolution, adding that he would be coming back to Council at a later date ror funds ror orfsite construction costs. In response to a question from Hilton, Lythgoe stated that the City had agreed to an immediate release of title to Gateway Ventures so that the firm could acquire runding for the project. Arvidson noted that the development agreement protected the City's desire to see that the subdivision was developed in a timely manner. Hilton contended that the City was taking all of the risk and not realizing any of the profit. Williams stated that the City was at risk no matter what course of action was taken. She added that this proposed agreement with Gateway Ventures was the result of much work and study by the administration and the Council and voiced her support for it; Cripps concurred. Meehan reminded Council that this agreement was the result or the City rollowing its required RFP process. adding that Gateway Ventures' proposal was the best one submitted. Following further discussion, it was moved by Meehan, seconded by Swartz and carried as follows to approve Resolution No. 84-6S: AYES: NOES: ABSTAIN: Cripps, Hilton, Meehan, Swartz, Williams & Wilson None Gillespie NOTE: Gillespie, a principal in Gateway Ventures, Inc., abstained due to his direct financial interest in the transaction. RECESS: The meeting was recessed at 8:35 p.m.; reconvened at 8:45 p.m. 3. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: 252 PAGE 2S2 REGULAR MEETING - JUNE 25, 1984 VOLUME 20 RESO/RE-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING A SUPPLEMENTAL AGREEMENT FOR A SIX MONTH LEASE EXTENSION TO THE SEWARD ARMY RECREATION CAMP AND TO DESIGNATE THE CITY AS LESSOR. Garzini noted that this lease extension had been requested by the Army to allow time to obtain an appraisal of the property and to iron out a few additional details. It was moved by Gillespie, seconded by Hilton and unanimously carried to approve Resolution No. 84-66. RESO/RE-032 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 JOINT USE OF EQUIPMENT LEASE AGREEMENT WITH RESURRECTION BAY ENTERTAINMENT TELEVISION, INC. Garzini noted that he was still working with several rirms in an attempt to get cable television for Seward. It was moved by Meehan, seconded by Gillespie and unanimously carried to approve Resolution No. 84-67. RESO/WATER S. 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 JULY 1S, 1984. Gillespie stated that, as the water and sewer utilities expand, the City should review the rate structure in an errort to reduce costs to the consumer. It was moved by Hilton, seconded by Gillespie and unanimously carried to approve Resolution No. 84-68. RESO/SEWER 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 RATES FOR SEWER USE. It was moved by Meehan, seconded by Gillespie and unanimously carried to approve Resolution No. 84-69. RESO/PURCHASING 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, AUTHORIZ- ING THE PURCHASE OF CORRUGATED METAL PIPE FOR THE DAIRY HILL UTILITY EXPANSION WITHOUT FULL UTILIZATION OF THE BID PROCEDURES SET FORTH IN SECTION 10-8 OF THE CITY CODE. In response to a question rrom Wilson, Paul Diener, City Engineer/ Utilities Manager, stated that purchasing the pipe in Seattle and shipping to Seward via SeaWay would be more expensive than purchasing from ARMCO-ALASKA in Anchorage. He explained that the City had been unable to order the corrugated pipe when all other materials for the project were ordered because at that time the final design had not been completed. It was moved by Gillespie, seconded by Hilton and unanimous- ly carried to approve Resolution No. 84-70. 8. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: PAGE 2S3 REGULAR MEETING - JUNE 25, 1984 VOLUME 20 RESO, (,' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRI- ATING FUNDS FOR THE CONSTRUCTION OF A BASKETBALL COURT AND CHILDREN'S PARK. I Garzini noted that the proposed location ror the basketball half-court was adjacent to the Teen Center. Gillespie asked that a more permanent site be round since the City's intent was to eventually locate the Teen Center elsewhere. Williams suggested that the court be located next to the rountain in the park across rrom the Teen Center, adding that the large building behind the park would make a natural windbreak. Garzini stated that he would research other sites berore beginning construction of the court. Following discussion, it was moved by Gillespie, seconded by Hilton and unanimously carried to approve Resolution No. 84-71. RESO/SGH/FINANCE 9. 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 SALES TAX RECEIPTS TO SEWARD GENERAL HOSPITAL. Garzini noted that the blank in Section 1 of the resolution should be rilled in with the figure "$62,782.89". He also advised Council that, as sales tax revenues rise, it should require more detailed inrormation from the hospital to substantiate the need ror the revenues. Following discussion, it was moved by Gillespie, seconded by Swartz and carried as follows to approve Resolution No. 84-72: AYES: NOES: ABSTAIN: Cripps, Gillespie, Meehan, Swartz, Williams & Wilson None Hilton I NOTE: Hilton, an employee of SGH, abstained due to his rinancial interest in hospital runding. RESO 10. 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, APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW-RENT PUBLIC HOUSING. I Garzini introduced Larry Harter of the Housing Division of North Paciric Rim, to explain the need for proposed Resolutions No. 83-73 and 83-74. Harter stated that HUD was making money available in July to subsidize single family low cost housing construction. In response to a question rrom Meehan, Harter stated that the perceived need for low cost housing in Seward was based on the fact that NPR currently has 57 applications for this type or housing in this area. He stated that all contracts for construction would go to the low bidder with runds for housing targeted ror both Indian preference and community resident prererence. He added that the time frame ror completion was 2 years. In response to a question from Williams, Garzini stated that NPR would have to come back to Council again before any construction could take place. Approval of the proposed resolutions were necessary before NPR could apply for funding from HUD. (Resolution No. 84-73 round that a need for low cost housing existed in Seward; Resolution No. 84-74 approved the cooperation agreement between NPR and the City to make this type or housing avail- able.) Harter explained that houses constructed under this program would be exempt from real property taxes but would be assessed an "In Lieu of Taxes" charge. Following further discussion, it was moved by Gillespie, seconded by Wilson and unanimously carried to approve Resolu- tion No. 84-73. RESO 11. 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, APPROVING ~-4 L.0 ! PAGE 2S4 REGULAR MEETING - JUNE 2S, 1984 VOLUME 20 A COOPERATION AGREEMENT BETWEEN THE NORTH PACIFIC RIM HOUSING AUTHORITY AND THE CITY OF SEWARD. It was moved by Gillespie, seconded by Wilson and unanimously carried to approve Resolution No. 84-74. RESO/BLECTIONS 12. 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, PROVIDING FOR AN ELECTION UPON A PROPOSED AMENDMENT TO THE CITY CHARTER ALLOW- ING FOR GRANTING OF FRANCHISES. Arvidson explained that he had been asked to do what he could to expe- dite agreements at the Marine Industrial Center. In order to grant a rranchise such as the one KSEC was requesting, some language would have to be removed from the Charter. Presently, the Section 13.6 or the City Charter states that "No franchise shall be granted by the city for a term exceeding twenty years and no exclusive franchise shall ever be granted". The amendment, ir approved by the voters, would state that "No franchise shall be granted by the city without voter approval", thus removing the prohibition against exclusive franchises. Following discussion, it was moved by Gillespie, seconded by Hilton and unanimous- ly carried to approve Resolution No. 84-75. x. UNFINISHED BUSINESS: None XI. NEW BUSINESS: CON-068 A. June 20, 1984, memorandum from Diener recommending approval of Change Order No. 2 to the Ebasco Services contract in order to modify the contract documents to meet the revised project scope was noted. Diener stated that the major effort would be on the design of a new substation in the Lawing area and preparation or contracts ror repair and modirication of the existing 69kV line rrom Lawing to Seward. It was moved by Gillespie, seconded by Meehan and unanimously carried to approve Change Order No.2 to Ebasco in the amount or $57,040. CON-082 B. June 20, 1984, memorandum from Diener recommending -COUncil authorization to contract with R & M Consultants, Inc. for surveying and land acquisition ror the transmission line upgrade project was noted. Diener stated that he had solicited and received proposals from 3 consultants; R & M was the low bidder. Following discussion, it was moved by Gillespie, seconded by Wilson and unanimously carried to approve a contract with R & M Consultants for survey and land acquisi- tion in an amount not to exceed $IS2.903.34. CON-09S/ ELECTRIC C. June 21, 1984, memorandum from Schaefermeyer recommending approval of a contract with Chugach Electric Association for the pur- chase of wholesale power was noted. Diener stated that the contract would not change the way we are currently doing business with CEA, but would merely put it down in contract rorm. He added that there would be some possible administrative wording changes in the rinal form or the contract. Following discussion, it was moved by Gillespie, seconded by Swartz and unanimously carried to approve a contract with CEA and to give the administration the authority to make minor changes in the wording or the contract. OTS D. June 20, 1984, memorandum froJa Mur,.phy recommending that Council grant a continuance to an encroachment of the Flamingo building was noted. It was moved by Meehan, seconded by Wilson and.carried as rollows to continue the nonobjection to the encroachment or the struc- tUre located at Lots 28 & 29, Block 9, Original Townsite or Seward as described in the attached survey. XII. CITY MANAGER REPORTS: ,,',~ . r~': PAGE 2SS REGULAR MEETING - JUNE 25, 1984 VOLUME 20 Garzini reminded Council that it was to meet in special session at Noon, Tuesday. Present would be representatives of the City's bond counsel, SunEel and our rinancial advisors. He also noted an administrative hearing on both the proposed SunEel and SeaWays bond sales scheduled ror 8:30 a.m., Friday, June 29. XIII. COUNCIL DISCUSSION: I MEEHAN requested inrormation supporting the proposed 2% alcohol tax be supplied to Council as soon as possible so that each member could carerully review it before the July 9 meeting. He also asked that the gate in the Small Boat Harbor parking lot/boat storage area remain open to allow through traffic to and rrom the Fisheries. HILTON asked that the City Parks & Recreation Department begin enforcing the 2-week limit on camping in City campgrounds. He also suggested that this might be a good area ror a franchise. He then asked that the Police Department be asked to keep an eye on fireworks in rorest acres campground during the Fourth of July holiday season. Hilton closed by asking that some type of trarric control be in rorce at the post orrice between the hours of Noon and 1:00 p.m., Monday through Friday. SWARTZ suggested that the Chamber or Commerce provide a place for tourists rrom cruise ships to purchase locally cooked salmon, etc. She also asked that the Police "crack down" on speeders between Midnight and 8:00 a.m. I CRIPPS asked about the status of the new street sweeper--Diener stated that it should be in town just arter July 4. He added that the Street Department would work on cleaning all streets prior to the Fourth with equipment on hand. In response to another question rrom Cripps, Diener stated that the rail road crossing at the airport was under repair at this time. Cripps also recommended that the City consider doing something with the halibut left over from the aborted SeaWays celebration. Garzini suggested a rish rry during the dedication of the new twin pavilions during the Salmon Derby. XIV. CITIZENS' DISCUSSION: WALTER CHRISTOLEAR, Brown & Hawkins Apartments, appeared rrom the audience and questioned the $ISO/month fee being charged RBETV, Inc. ror use or the City's satellite receiving station and stated that the ree was much too small. He also noted that he was not in favor of the proposed 2% alcohol tax. JONATHAN SEWALL, Forest Acres, appeared before Council and concurred that rireworks were a problem in the Forest Acres Campground. He also encouraged the Police Department to continue in its errorts to halt speeding in Forest Acres. JOHN GILLESPIE, 606 Fifth Avenue, asked that the City add an item to the Special Meeting of June 26. He stated that in platting the Gateway Subdivision, the City had railed to asked for the vacation of the subdivision lines in the Terminal Addition plat. The Borough was not willing to record the Gateway plat until this had been accomplished. The Clerk was instructed to add this item to the special meeting agenda. XV. ADJOURNMENT: I The meeting was adjourned r.. '.' .\L at 10: 10 p.m. ~~ {!::-a Donald W. Cripps . Mayor -".~ -. "(... 't. .: t-!. l1CJ"i..'.... .";,. . ,.' 'fo-r" f 01' ~\..~':> 256 PAGE 2S6 SPECIAL MEETING - JUNE 26. 1984 VOLUME 20 1. CALL TO ORDER: The June 26, 1984, special meeting of the Seward City Council was called to order at 12:00 Noon by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Wilson 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 and City Clerk Murphy IV. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: ORD/IDB distributed entitled: 1. Copies having been made available to the public and to Council, Cripps noted by title only a proposed ordinance AN ORDINANCE OF THE CITY COUNCIL . OF THE CITY OF SEWARD, ALASKA~. ~l'M~.., LISHING PROCEDURES FOR - ISSUING ECONOMIC DEVELOPMENT BONDS AND - PORT REVENUE BONDS AND MATTERS RELATED THERETO. Garzini introduced Bob Flint of Wohlforth and Flint _ (the City's bond counsel) to explain the particulars of the proposed ordinance. Flint directed Council's attention to Section 10-20(1) whicli:'pr9vided that the bonds would be payable solely out of the revenues -and- receipts derived rrom the particular project with respect to which the bonds were issued and Section 10-20(0) which authorized the City to charge an administra- tive fee of up to 1% to defray costs associated with development, administration and expansion occasioned by the project. Public hearing as posted and published 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. It was moved by Gillespie, seconded by Wilson and unanimously carried to approve Ordinance No. S26, errective July 6, 1984. C. Resolutions: RESO/IDB distributed entitled: 1. 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 EXECUTION AND DELIVERY OF A LOAN AGREEMENT BY AND BETWEEN THE CITY AND SUNEEL ALASKA CORPORATION: THE ISSUANCE AND SALE OF $12,000,000 CITY OF SEWARD REVENUE BONDS, 1984 (SUNEEL ALASKA CORPORATION 1984 PROJECT); THE EXECUTION AND DELIVERY OF A TRUST INDENTURE TO SECURE SAID BONDS; AND RELATED MATTERS. Garzini introduced Bill Noll, Vice President or SunEel, to explain particulars of the proposed project and bond sale. Referring to a scale drawing of the proposed racility, Noll briefly outlined the construction and operation of the planned coal facility. He also answered questions I.).... - -,) / PAGE 257 SPECIAL MEETING - JUNE 26, 1984 VOLUME 20 I from Council concerning operation or the racility. In response to a question rrom Gillespie, Flint stated that, in order to keep its tax- exempt status, funds acquired through the sale of the bonds would have to be spent on this particular project, with 90% of the funds spent in Seward. Don Grimes or First Southwest Company (the City's rinancial advisors) explained the details or the bond sale, stating that this was to be a 9-year bond issue with the principal payments beginning at the end of the third year. Interest was to be rigured on a floating rate equal to 69% of prime, with interest payable quarterly. He added that the closing was scheduled ror the week of July 9 in New York City. Garzini recommended that SunEel be charged an administrative ree of $23.7S0 plus out of pocket expenses. This being the consensus or the Council, Noll presented the City with a check in the amount of $15,000 as a ree deposit, with the balance due arter closing. Following further discussion, it was moved by Meehan, seconded by Swartz and unanimously carried to approve Resolution No. 84-76. 2. Proposed Resolution No. 84-77, approving a bond sale for SeaWay Express--Tabled ror action at a later, unspeciried date 3. Proposed Resolution No. 84-78, vacating the Terminal Addition subdivision lines--Tabled until the July 9, 1984, meeting. V. ADJOURNMENT: The meeting was adjourned at 12:26 p.m. I ;k 1/," C Lj W. Cripps VOLUME 20 1. CALL TO ORDER: The July 9, 1984, regular 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 or allegiance to the rlag. III. ROLL CALL: Present were: Vice-Mayor Gillespie and Councilmembers Hilton, Meehan, Swartz, Williams and Wilson (Absent, with Council consent, was Mayor Cripps) Present also: City Manager Garzini, Assistant City Manager Schaefermeyer, City Attorney Arvidson and Deputy City Clerk Audette I IV. APPROVAL OF MINUTES: carried minutes It was moved by Wilson, seconded by Meehan and unanimously by all those present to approve the June 2S and June 26, 1984, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: seconded meet in business At the request or the City Manager, it was moved by Swartz, by Williams and unanimously carried by all those present to executive session immediately following the close of regular to discuss a legal matter. Garzini then requested the addition '-) ,- I.' .. ~) r'"' PAGE 258 REGULAR MEETING - JULY 9, 1984 VOLUME 20 of the following three items to the regular meeting agenda: 1) Item No. VIII (A), Jack Werner, to address the Council with 4th or July activity comments; 2) Item No. VIII(B), Keith Campbell, to give an update on the Seward General Hospital Certificate or Need Request for Proposals; 3) Item No. XI(D), granting permission to Gateway Ventures, Inc. to enter on City land within the proposed Gateway Subdivision. It was moved by Meehan, 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: LOCAL ORG 1. July S, 1984, letter rrom Robert Peirson, Chairman, Silver Salmon Derby Committee, requesting permission to fire a cannon to signal the start or the 29th annual Salmon Derby was approved and filed; PLANNING 2. July 3, 1984, memorandum from City Manager and Manager or Engineering and Utilities, requesting a portion of 1st Avenue be designated a one-way street was approved and riled; 3. July 3, 1984, memorandum from Manager or Engineering & Utilities, regarding the transmission line right-of way acquisition was noted for inrormation and riled; 4. July 1, 1984, letter and revised work plan rrom Salik Associates was noted ror information and filed; and S. June 20, 1984, and June 21, 1984, copies of letters the State Department or Fish and Game concerning salmon smolts released at Thumb Cove were noted information and filed. from the for VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Representative Jonathan Sewall was not present and no report was given. VII. PUBLIC HEARINGS: VIII. CITIZENS' DISCUSSION: (With prior notice only) A. Jack Werner, appeared before Council and expressed his admiration of the extensive Fourth of July activity preparation and clean-up the City employees had performed. B. Keith Campbell, appeared berore Council as the adminis- trator ror Seward General Hospital, and informed Council that the proposals submitted on the Certiricate of Need for the hospital would be examined by Paul Diener, City Utilities and Engineering Manager. and himself and interviews would be scheduled soon. Campbell stated that the City Manager had suggested Councilmembers Williams and Wilson participate in the review process. Campbell reported that the hospital Board or Directors had passed a motion requesting that the City incorpo- rate the total emergency medical and health care needs or the community in the Certificate of Need Study. In response to a question from Gillespie, Campbell stated that a study conducted in 1981 revealed that the existing hospital structure was very sound but in order to meet the acute care facility building standards, it would be more costly to remodel than to build a new one. Gillespie suggested that the building could possibly be used as a community center. In response to questioning from Wilson, Campbell reported that funding for a new hospital building would be in the form of a state grant with a certain portion to be contributed rrom local sources--Campbell stated that perhaps the land value and utility costs could be applied toward the local portion. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances ror Introduction: 2;;~) PAGE 2S9 REGULAR MEETING - JULY 9, 1984 VOLUME 20 ORD /PLANNING 1. Copies having been made available to the public. Gillespie noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEAL- ING AND RE-ENACTING SECTION 6-IO(b) OF THE SEWARD CITY CODE RELATIVE TO HISTORIC DISTRICTS WITHIN SEWARD. I Garzini stated that he had introduced the proposed ordinance to enable Council to provide ror historic districts by resolution; the present ordinance specifically restricts the historic district to one area and any additions to the historic district list would . have to be made by repealing and re-enacting the ordinance. It was moved by Swartz, seconded by Meehan and unanimously carried by all those present to introduce proposed Ordinance No. 528. Public hearing was scheduled ror July 23, 1984. ORD/SALES TAX/ ELECTION B. Ordinances for Public Hearing and Enactment: 1. Copies having been made available to the public, Gillespie noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CHAPTER I9A OF THE SEWARD CITY CODE BY LEVYING A TWO PERCENT TAX ON THE SALE OF ALCOHOLIC BEVERAGES. I Notice or public hearing as posted and published by law was noted and the public hearing was opened. FRANK IRICK, owner or the Van Guilder Hotel and Restaurant, appeared berore Council and stated that he would be in favor of even a 2S% sales tax if alcohol related counseling cured anyone but he did not believe it did. Irick stated that a more errective technique ror reducing alcohol related problems would be to enforce the law which prohibits the serving or alcohol to persons already showing signs or drunkeness. JACK WERNER, owner of Yukon Liquor Store, appeared before Council and stated that he was not opposed to control or alcohol prob- lems but relt the addition or a 2% sales tax on alcohol would give the liquor sales establishments located outside of the city limits an unfair advantage. Werner also stated that a large portion or the alcohol sales came from Anchorage customers and that they should not have to support the local drinking problem. Werner expressed his firm opposition to the alcohol sales tax and stated that a general sales tax or contributions rrom the City funds would be better solutions to the Seward Life Action Council (SLAC) funding problems. GENE KINGREA, Executive Director of SLAC, appeared before Council and stated that the sales tax issue should be brought to the voters of Seward. Kingrea stated that although she had not been able to obtain exact alcohol proceeds rigures from the State, revenues generated from a 2% alcohol sales tax for one year had been estimated at just under $130,000. Kingrea inrormed the Council that many social programs were initially runded by the State with the intention or eventually weaning them from dependence on State money. Meehan stated that the State was being let off the hook; that money received by the State from alcohol sales should be distributed to the area from which it was collected to be used ror alcohol related problem prevention--ie: an education and prevention worker to go into the schools and teach the children. Kingrea explained that money collected rrom the State alcohol tax went into the General Fund. In answer to a question rrom Meehan on why SLAC did not approach the Kenai Peninsula Borough (KPB) for runding, Garzini stated that the KPB did not have social service powers. In response to a query from Williams, Kingrea stated that SLAC was moving toward becoming selr-supporting in that the District Court was requiring all or the citizens rererred to SLAC by the Court to pay their bills berore they would be considered "in compilance". DENNIS SCHOLL, SLAC psychologist, appeared berore Council and stated that the projected economic growth in Seward would also increase I 2()(} PAGE 260 REGULAR MEETING - JULY 9, 1984 VOLUME 20 the need for health and social services. Scholl also felt that the voters should be allowed to decide the alcohol sales tax issue. LOUIS BENCARDINO, SLAC Board of Directors' President, and asked that the issue be put before the voters of Seward. Bencardino stated that the State has given SLAC just enough funding to maintain itself and that each year it was getting tougher to obtain the funds. He explained that the Board was trying to come up with a way to keep the facility on a professional status. Bencardino commented that maybe the tax would force some of the alcohol sales out of the City, but was that enough to overcome the need to take care of local people with alcohol-related problems? JUDI ANDRIJANOFF appeared before Council and asked that the facts be provided to the public and that the voters decide the issue by ballot. No one else appeared from the audience in order to be heard and the public hearing was closed. Wilson stated that there was an alcoholism problem in Alaska and along with that there was a question of responsibility. Wilson felt that it was time for the citizens to wean themselves from the State; that by supporting the facility locally, the control would also be held locally. Wilson stated that it was a legitimate question to put to the voters. Gillespie stated his opposition to the tax. Williams con- curred, stating that there was not enough information to ensure that SLAC was operating cost efficiently. Wilson countered that the Council had appropriated funds to the Chamber with very little accountability and was not sure that "not enough information" was a legitimate argu- ment. Swartz stated that it was the right of the local voters to decide on the 2% alcohol sales tax and that by allowing the question to be put on the ballot was not an endorsement by the Council. Hilton stated that it was hard not to give voters the opportunity to decide but felt that a general sales tax would be more appropriate. Following further dis- cussion, it was moved by Hilton, seconded by Swartz and carried as follows to enact Ordinance No. 523, to take effect January 1, 1985, if approved by a majority of votes cast at the Regular Municipal election to held October 2, 1984: AYES: NOES: ABSENT: Hilton, Meehan, Swartz, Wilson Gillespie, Williams Cripps. ORDjELECTIONS 2. Copies having been made available to the public, Gillespie noted by title only a proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING AND RECREATING CHAPTER 8 OF THE SEWARD CITY CODE RELATIVE TO ELECTIONS. Notice of public hearing as posted and published 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. It was moved by Wilson, seconded by Hilton and unanimously carried by all those persent to enact Ordinance No. 527. RECESS: The meeting was recessed at 8:45 p.m.; reconvened at 8:50 p.m. C. Resolutions: RESOjMICjCON-087 1. Copies having been made available to the public, Gi~pie noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRI- ATING FUNDS FOR A MARINE INDUSTRIAL CENTER SEWAGE TREATMENT FACILITY STUDY WITHOUT UTILIZATION OF THE BID PROCEDURES AS SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE. July 3, 1984, memorandum from Paul Diener, Manager of Engineering and Utilities, outlining the process which led to the recommendation to :2 () 1 PAGE 261 REGULAR MEETING - JULY 9, 1984 VOLUME 20 contract with Pacific Management and Engineering Corporation (PM & E) to perform a sewage treatment facility study for the Marine Industrial Center (MIC) was noted. Garzini explained that the study would provide the City with the information to proceed with grant applications for the treatment plant construction. It was moved by Meehan, seconded by Swartz and unanimously carried by all those present to approve Resolu- tion No. 84-77. RESO/ELECTRIC 2. Copies having been made available to the public, Gillespie noted by title only a proposed resolution entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTAB- LISHING RATES AND CHARGES FOR ELEC- TRIC POWER FOR THE PERIOD COMMENCING JULY 15, 1984. July 3, 1984, memorandum from Assistant City Manager, Darryl Schaefermeyer, regarding the "Cost of Service and Rate Study" prepared by Kennedy/Jenks Engineers in October, 1983, which recommended a revenue increase for the electric utility of 10% over a two year period was noted. Schaefermeyer explained that the first year of the recommended increase was implemented by the City Council in September, 1983, and the second adjustment as proposed would increase the monthly customer charge as recommended by the Kennedy/Jenks report. It was then moved by Wilson, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 84-78. RESO/GATEWAY 3. Copies having been made available to the public, Gillespie noted by title only a proposed resolution entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONSENT- ING TO THE VACATION OF ALL STREETS, RIGHTS-OF-WAY, EASEMENTS AND PROPERTY LINES WITHIN THE TERMINAL ADDITION TO THE CITY OF SEWARD. July 3, 1984, memorandum from Kerry Martin, Administrative Assistant, outlining the history of the replatting process within the Terminal Addition (Gateway Subdivision) was noted by Garzini. It was moved by Meehan, seconded by Swartz and carried as follows to approve Resolution No. 84-79: AYES: NOES: ABSTAIN: Hilton, Meehan, Swartz, Williams, Wilson None Gillespie NOTE: Gillespie, a principal in Gateway Ventures, Inc., abstained due to his direct financial interest in the action. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: I CON-094/ELECTRIC A. July 2, 1984, memorandum from Diener recommending Council - authorization to contract with R & J Enterprises for electric meter reading service was noted. Garzini explained that the newly negotiated contract with IBEW allows the City to hire outside of the union to read the electric meters monthly instead of having the City's linemen, at over $24/hour, do the job. This action would leave the linemen available to perform the electrical work for which they were initially hired. In response to a question from Gillespie, it was explained that Robin and Julie Dykstra were R & J Enterprises. It was moved by Swartz, seconded by Hilton and unanimously carried by all those present to authorize the City Manager to enter into a contract with R & J Enterprises for electric meter reading service. /' (~ .) - )- PAGE 262 REGULAR MEETING - JULY 9, 1984 VOLUME 20 CON-on/CITY HALL B. July 3, 1984, memorandum from Diener recommending ap- proval of Change Order No. 1 to the Air-Tek, Inc. contract for extra work on the installation of the Seward Fire Hall emergency generator was noted. Following a short discussion, it was moved by Meehan, seconded by Wilson and unanimously carried by all those present to approve Change Order No.1 to Air-Tek, Inc. in an amount not to exceed $3,424.40. PLANNING C. July 3, 1984, memorandum from Martin recommending Council support for reappointment of Chet Thorne to the Kenai Peninsula Borough (KPB) Planning Commission was noted. Gillespie extended recognition on behalf of the Council for the dedication shown by Chet Thorne during his years of service on the KPB Commission. Following a short discussion, it was moved by Meehan, seconded by Wilson and unanimously carried by all those present to recommend the appointment of Chet Thorne to another term on the Borough Planning Commission to KPB Mayor Thompson. GATEWAY D. July 9, 1984, letter from Schaefermeyer to Ken Lythgoe, Gateway Ventures, Inc., regarding permission to enter on City land within the proposed Gateway Subdivision for the purpose of commencing construction of the Subdivision pursuant to the terms of the Contract of Sale of Unimproved Property and Development Agreement (Contract) ap- proved by Council on June 25, 1984, with the adoption of Resolution No. 84-79, was noted. Garzini explained that the noted letter, if approved, would allow Gateway Ventures, Inc. to begin its equipment mobilization and use until the Contract becomes effective or 30 days from the date the letter is accepted by Gateway Ventures, Inc., which ever occurs first. Following a short discussion, it was moved by Hilton, seconded by Williams and unanimously carried by all those present to approve the request by Gateway Ventures, Inc. to enter City land within the proposed Gateway Subdivision as stated in the July 9, 1984, letter from Schaefermeyer. XII. CITY MANAGER REPORTS: Garzini stated that the City Harbor, Fire, Public Works, Parks and Recreation and Teen Center Departments' employees had worked very hard over the Fourth of July and felt that their dedication was impres- sive. He commented also on the fact that their performance outdid any other community he had observed. Gillespie asked that the employees receive the message from Council commending them on their outstanding job performance. Garzini explained to Council that the reason he was not in New York signing the SunEel Industrial Bonds was because the New York Chemical Bank attorneys were not ready with all the necessary documents for closing. XIII. COUNCIL DISCUSSION: SWARTZ stated that the Fire Department did a fantastic job on controlling the fire which began July 3rd on Bear Mountain. Garzini elaborated further by stating that the Fire Department worked over a 24 hour period on the blaze as it continued to flare up and eventually a helicopter was dispatched to douse the reoccurring fire with sea-water which it scooped from the bay with a suspended bucket. Garzini reported that the various City departments and other community agencies were computing the costs spent on the fire suppression efforts and the facts would be compiled to take to the KPB to support the City's efforts to have fireworks banned on the Peninsula. Hilton and Meehan agreed that fireworks posed unnecessary danger and threat to property, life and limb. XIV. CITIZENS' DISCUSSION: None XV. ADJOURNMENT: The meeting was adjourned at 9:15 p.m., and after a short recess, Council reconvened in Executive Session to discuss matters under litigation. ., i . .) ...:.. \.,,) - JULY 9, 1984 VOLUME 20 J PAGE 263 REGULAR MEETING - JULY 23, 1984 VOLUME 20 I 1. CALL TO ORDER: The July 23, 1984, regular meeting of the Seward City Council was called to order at 7:32 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, Hil- ton, Meehan and Williams (Absent with Council consent were Councilmembers Swartz and Wilson) Present also: City Manager Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: It was moved by Gillespie, seconded by Hilton and carried as follows to approve the July 9, 1984, regular meeting minutes as written: I AYES: NOES: ABSTAIN: Gillespie, Hilton, Meehan and Williams None Cripps Note: Cripps was absent from the July 9, meeting. V. APPROVAL OF CONSENT CALENDAR AND REGm.AR MEETING AGENDA: On the recommendation of the City Manager, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to meet in Executive Session immediately following the close of regular business in order to discuss matters under litigation. Garzini requested the following changes and additions to the regular meeting agenda: 1) Introduction of a proposed substitute Resolution No. 84-90 [Agenda Item IXC7]; and 2) Addition of proposed Resolution No. 84-93, authorizing the purchase of electrical equipment [Agenda Item No. IXC10]. Hilton asked that Item No.1 from the Consent Calendar [proposed Resolution No. 84-80, authorizing the purchase of a patrol vehicle and an animal control vehicle for the Police Department] be deleted from the agenda and tabled until the need for a 4-wheel drive truck for the Animal Control Division could be further evaluated. Following further discussion, it was moved by Meehan, seconded by Hilton and unanimously carried by all those present to approve the regular meeting agenda and the consent calendar as amended and the following actions were taken: I 1. Deleted PHN/RESO: 2. Resolution No. 84-81, authorizing a $1200 grant to the Public Health Center, was approved and filed; GRANT/SPEC PROJ/ RESO: 3. Resolution No. 84-82, accepting a $5,500,000 State grant for the Seward to Dave's Creek Intertie and Electrical System, was approved and filed; . \," " L '~-i- PAGE 264 REGULAR MEETING - JULY 23, 1984 VOLUME 20 GRANTS/SPEC PROJ/ RESO: 4. Resolution No. 84-83, accepting a $578,000 State grant for the Seward Transmission line to Dave's Creek, was approved and filed; P&R/RESO: 5. July 17, 1984, memorandum from Parks & Recreation Direc- tor John Noble recommending a location for the basketball halfcourt was noted for information and the proposed location approved; ARR/RESO: 6. July 18, 1984, memorandum from City Engineer/Utilities Manager Paul Diener relative to the status of the rail- road crossing at the airport was noted for information and filed; and ELEC DEPT/RESO: 7. Chugach Electric Association power contract and attached rate schedule was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the July 17, 1984, Assembly meeting. VII. PUBLIC HEARINGS: PH/RE-021 A. Notice of public hearing as posted and published by law relative to a proposed lease of City property to the U. S. Coast Guard 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) SISTER CITY: A. Linda Murphy, Seward/Obihiro Sister City Coordinator, appeared before Council and introduced Seward Exchange Students Maureen McCabe, Karen Anderson, Ty Wilson and Mike Meyers, and Japanese Exchange Students Yukari Mukaiya, Keiko Kasuga, Masato Matsubara, and Nobuaki Nishijima. The Japanese students gave brief introductory speeches after which the Mayor welcomed them to Seward and wished them well. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: ORD/HISTORIC DIST: 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, REPEALING AND RE-ENACTING SECTION 6-10(B) Of THE SEWARD CITY CODE RELATIVE TO HISTORIC DISTRICTS WITHIN SEWARD. Notice of public hearing as post~d and published 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. It was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to enact Ordinance No. 528. C. Resolutions: RESO/HISTORIC DIST: 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, ESTAB- LISHING CRITERIA AND PROCEDURES FOR f)C- PAGE 265 REGULAR MEETING - JULY 23, 1984 VOLUME 20 THE ESTABLISHMENT DISTRICTS. OF HISTORICAL It was moved by Gillespie, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-84. RESO/HISTORIC DIST: 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, DEFINING AND DESIGNATING THE DOWNTOWN HISTORIC DISTRICT. Garzini noted for the public that the Downtown Historic District was defined as that area in downtown Seward bordered on the South by Resur- rection Bay, on the North by Adams Street, on the East by Sixth Avenue and on the West by Third Avenue, and included the Ferry Terminal Build- ing. It was moved by Meehan, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-85. RESO/HISTORIC DIST/ 3. Copies having been made available to the public, JLH: Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DEFINING AND DESIGNATING THE JESSE LEE HOME HISTORIC DISTRICT. It was moved by Hilton, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 84-86. FIREWORKS/RESO: 4. 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, REQUEST- ING THE KENAI PENINSULA BOROUGH ASSEMBLY TO BAN THE SALE AND USE OF ALL PYROTECHNICAL DEVICES WITHIN THE KENAI PENINSULA BOROUGH. I Fire Chief JOHN GAGE and Police Sergeant DAVE BROSSOW appeared before Council recommending approval of the proposed resolution. Gage stated that his department had spent approximately 300 manhours respond- ing to fireworks-related fires, adding that the City was lucky not to have had more serious problems in the downtown area. Brossow stated that enforcement of the City's law prohibiting the use of fireworks within the City was an impossible task. Garzini added that the Police have much more important things to do during holiday celebrations like July 4th than to look for fireworks violations. Cripps stated that since this issue was a sensitive one, he would break tradition and allow public comment prior to Council dis- cussion and action. ROBERT HALL and LOUIS MARCH appeared before the Council and spoke in opposition to the proposed resolution. They contended that if the local police strictly enforced the City ban on the use of fireworks, most problems would be eliminated. March also suggested that fireworks vendors just outside the City limits distribute flyers warning purchas- ers that the fireworks could not be discharged in Seward. OSCAR WATSJOLD appeared before Council and stated that he had been a member of the Seward Volunteer Fire Department for 44 years, 22 of which had been spent as its chief. He recommended approval of the proposed resolution and added that the State Fire Chiefs Association had been trying to accomplish such a ban for several years. HARRY GIESELER, Arson and Fire Investigator for the Seward Volunteer Fire Department and Manager of the Army Recreation Camp, appeared before the Council and urged Council to approve the resolution. "t' ~ I I-~ ' __ J to' PAGE 266 REGULAR MEETING - JULY 23, 1984 VOLUME 20 PHILIP YEZIERSKI, Captain of the SVFD, also recommended approval of the resolution. WALTER CHRISTOLEAR, Seward resident, stated that a Borough- wide ban on the sale and use of fireworks was not the answer to the City's problems. He suggested that the City designate a safe area for the discharge of fireworks, adding that this approach, coupled with strict enforcement of existing laws, would eliminate any danger. PAT REILLY, Executive Director of the Seward Chamber of Commerce, stated that the Chamber had voted to recommend a Borough ban on all fireworks. Meehan stated that he could not support the resolution. He concurred with Christolear that the City should designate a safe area for fireworks and begin enforcement of existing laws. In response to a question from Gillespie, Arvidson stated that a City-designated safe area would not increase the City's liability. Garzini added that this would, however, increase the likelihood of an accident in any area designated for the use of fireworks. Hilton and Cripps both spoke in support of the resolution. Hilton stated that he was particularly concerned that fireworks sales began as early as May and continued throughout the summer. In response to Cripps' concern that a Borough ban might signal the end of the Chamber's annual Fourth of July display, Arvidson suggested an amendment to the resolution adding the following phrase to Section 1: "...except those supervised by fire departments with appropriate permits." Following further discussion, it was moved by Hilton, seconded by Cripps and carried as follows to approve Resolution No. 84-87 as amended: AYES: NOES: Cripps, Gillespie, Hilton and Williams Meehan RECESS: The meeting was recessed at 8:40 p.m.; reconvened at 8:52 p.m. RESO/CON-077 : 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, REAPPRO- PRIATING FUNDS TO CLOSE OUT THE EMERGENCY GENERATOR PROJECT. July 18, 1984, memorandum from Tim Pflum, Special Projects Engineer, stating that funds necessary to close out the contract with Air Tek, Inc., had lapsed into the Fund Balance at the close of FY84 was noted. He recommended approval of this resolution reappropriating the funds to the FY85 budget. It was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve Resolution No. 84-88. RESO/CON-090 / 6. Copies having been made available to the public, PERSNL: Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING A CONTRACT FOR PROFESSIONAL SERVICES WITH RICHARD L. SALIK AND APPROPRIATING THE NECESSARY FUNDS. Garzini noted that Council had previously approved a claSSification/pay plan study. This resolution would appropriate the funds for the study. It was moved by Meehan, seconded by Hilton and unanimously carried by all those present to approve Resolution No. 84-89. RESO/BONDS/ELECTRIC 7. Copies of the substitute resolution having been made DEPT/ available to the public and distributed to Council, Cripps noted by ELEC- title only a proposed resolution entitled: TIONS : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, PROVIDING (~ ,"~ _ T PAGE 267 REGULAR MEETING - JULY 23, 1984 VOLUME 20 I FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF SEWARD, ALASKA, THE QUESTION OF THE ISSUANCE OF $5 MILLION OF GENERAL OBLIGATION BONDS OF THE CITY OF SEWARD TO PAY THE COSTS OF PLANNING, DESIGNING, CON- STRUCTION, AND LAND ACQUISITION FOR THE IMPROVEMENTS TO EXISTING FACIL- ITIES AND FOR NEW ELECTRICAL TRANS- MISSION FACILITIES OF THE ELECTRIC UTILITY OF THE CITY OF SEWARD, ALASKA, AT THE SPECIAL ELECTION TO BE HELD FOR THAT PURPOSE IN THE CITY OF SEWARD, ALASKA, ON AUGUST 21, 1984. Arvidson suggested the following amendment to the proposition as stated in Section 3 of the proposed substitute resolution: After the word "City" in Line 3, add: " . . . and from any other sources of reve- nue..." It was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to approve substitute Resolution No. 84-90 as amended. RESO/RE-021 : 8. 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, PROVIDING FOR THE DISPOSAL BY LEASE OF A PARCEL OF CITY-OWNED LAND IN THE SMALL BOAT HARBOR AREA FOR THE U.S. COAST GUARD BOAT DISPATCH BUILDING. I Garzini noted that this was an extension of an existing lease. It was moved by Hilton, seconded by Gillespie and unanimously carried by all those present to approve Resolution No. 84-91, to take effect in 30 days. RESO/GATEWAY SUB: 9. 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, FOR THE PURPOSE OF FUNDING OFFSITE IMPROVE- MENTS FOR GATEWAY SUBDIVISION. July 20, 1984, memorandum from Everett P. Diener, City Engineer and Utilities Manager, recommending approval of the proposed resolution was noted. Garzini stated that this resolution would appropriate $733,000 for offsite improvements as provided in the City's agreement with Gateway Ventures. It was moved by Meehan, seconded by Williams and carried as follows to approve Resolution No. 84-92: AYES: NOES: ABSTAIN: Cripps, Hilton, Meehan and Williams None Gillespie I NOTE: Gillespie declared his direct financial interest in Gateway Ventures and abstained from voting. RESO/PURCHASING/ ELECTRIC distributed DEPT: entitled: 10. 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 ELECTRICAL PAGE 268 REGULAR MEETING - JULY 23, 1984 VOLUME 20 SUPPLIES WITHOUT FULL UTILIZATION OF THE BID PROCEDURES SET FORTH IN SECTION 10-8 OF THE CITY CODE. Diener stated that the Electric Department had solicited price quotes from all major suppliers in the area. Time restraints had not allowed a public bid as outlined in the City Code. He added that the City would save 25-35% on some items if purchase orders were authorized as set forth in his July 23 memorandum. Diener further explained that approxi- mately 75% of the $118,090 requested would be returned to the City from private development. Following further discussion, it was moved by Gillespie, seconded by Hilton and unanimouslyc8"rried by all those present to approve Resolution No. 84-93. ' X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: LITIGATION: A. July 16, 1984, memorandum fromDienerreiative to a claim for damages totalling $1051 as filed by Glenn' ji':, S...onger was noted. Swonger claimed that low voltage from the City's lines had caused damage to his TV and refrigerator. Diener explained that the City had experienced some power fluctuations during the period Swonger cited; however, routine power outages and fluctuations do not constitute negligence on the part of the City. Therefore, he recommended that the claim be denied. Following discussion, it was moved by Gillespie, seconded by Hilton and unanimously carried to deny the claim for damages as filed by Glenn Swonger. CON- 086 : B. July 13, 1984, memorandum from Pflum recommending award of the contract for the Dairy Hill utility expansion was noted. Bids for the 16" water transmission fire loop installation were received on July 5. Of the seven contractors submitting bids, Dane's General Contracting of Anchorage was the lowest resonsible bidder. It was moved by Gillespie, seconded by Williams and unanimously carried by all those present to award the Dairy Hill Utility Expansion Project contract to Dane's General Contracting, Inc., in an amount not to exceed $435,198.40. CON-068 : C. July 20, 1984, memorandum from Diener recommending approval of a change order to Ebasco Services, Inc., was noted. Diener explained that the change order was to cover the preparation of an additional contract, the preparation of the equipment list and some drafting associated with the pole procurement for the transmission line upgrade project. Following discussion, it was moved by Hilton, seconded by Gillespie and unanimously carried by all those present to approve Change Order No. 3 to the Ebasco Contract in an amount not to exceed $7,500. CON-08S : D. July 18, 1984, memorandum from Diener recommending award of a contract for centerline survey and clearing for the transmission line upgrade project was noted. Following discussion, it was moved by Gillespie, seconded by Meehan and unanimously carried by all those present to award a contract to R & M Consultants, Inc., for centerline survey and clearing limit flagging for the transmission line upgrade in an amount not to exceed $103,899.39. XII. CITY MANAGER REPORTS: None. XIII. COUNCIL DISCUSSION: WILLIAMS suggested that the Street Department begin painting new lines on the City streets. She also asked that parking lines be drawn in front of Western Auto designating correct parking--diagonal or parallel. I I I PAGE 269 REGULAR MEETING - JULY 23, 1984 VOLUME 20 XIV. CITIZENS' DISCUSSION: None. XV. ADJOURNMENT: The meeting recess reconvened in litigation. was adjourned at 9: 15 p.m., and after a short Executive Session to discuss matters under Q~~ (~ '" Donald W. Cripps Mayor PAGE 269 SPECIAL MEETING - AUGUST 1, 1984 VOLUME 20 1. CALL TO ORDER: The August 1, 1984, special was called to order at 12:07 p.m. absence of the Mayor and Vice-Mayor). meeting of the Seward City Council by Councilmember Swartz (in the 11. OPENING CEREMONY: Councilmember Williams led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Councilmembers Hilton, Wilson. Councilmember (Councilmembers Cripps with Council consent.) Swartz, Williams and Gillespie was absent. and Meehan were absent Present also: Assistant City Manager Schaefermeyer and Deputy City Clerk Audette IV. NEW BUSINESS: CON-091;-092; A. July 30, 1984, memorandum from E.P. Diener, City Engi- 093 neering and Utilities Manager, recommending Council authorization to award contracts for procurement of major electrical equipment for the Seward Transmission Line Upgrade Proj ect was noted by Schaefermeyer. Diener appeared before Council and explained that the lead time on this type of equipment was 16-20 weeks which would place delivery at a critical time in the transmission line construction and that the order would need to be placed as soon as possible. Diener and Bill Toskey, Construction Management Program Director, stated that they were sat- isfied with the list of bidders and recommended authorization to con- tract with the low bidders. Toskey, in response to questioning from Hilton, stated that gas filled circuit breakers had been used in the Lower 48 for the last 20 years but had not yet been used in Alaska. Chugach Electric had been contacted and a spokesperson had reported that the new gas breakers had been ordered for a project near Fairbanks along with the required accompanying maintenance and installation equipment and the spokesperson had given the "go-ahead" for the gas breakers for the Seward proj ect. Toskey stated that the bid specifications had required that the breakers be able to operate in temperatures to minus 400 F. but Westinghouse (the low bidder for the breakers) had offered to install heaters, at no '7-0 . , WATER PAGE 270 SPECIAL MEETING - AUGUST 1, 1984 VOLUME 20 additional cost, in the circuit breakers which would allow for tempera- tures to minus 700 F. Following further discussion, it was moved by Wilson, seconded by Hilton and unanimously carried by all those present to authorize the administration to enter into contracts for electrical equipment as follows: H. K. Porter---two transformers ---NTE $617,520.00 Westinghouse Electric Corp.---two circuit breakers ---NTE $227,262.00 Western States Electric, Inc.---two circuit switchers ---NTE $54,860.00 B. July 31, 1984, memorandum from Diener requesting au- thorization to proceed with the repairs to correct an emergency situa- tion at Wellhouse #2 was noted. Diener explained that an air leak was causing the water from the Ft. Raymond well to be pumped out in a combination of half water/half air. Diener reported that M & W Well Drilling had introduced a television camera into the well to facilitate the determination of the cause of the problem. Diener requested Council authorization to proceed with the water well repairs with the stipu- lation that any extensive, costly repairs would first be presented to Council for approval. The Council expressed no objection. Schaefermeyer stated that at a special meeting Council could only take action on items which had been noticed to the Councilmembers at least 6 hours previous to the meeting. He explained that the dead- line for adding the formal acceptance (which is required by State statute) of the $250,000 State grant earmarked for the Senior Citi- zen/Community Center Planning Study to the agenda had passed, but wanted to informally alert the Council to the requirements of accepting the grant and asked for any input the Council might have at this time. In response to several questions from Councilmembers, Diener reported on the status of the plans for the Center, adding that the grant would allow a planning and design study for the facility; the funds for actual construction would have to besought and obtained at another time. The Council voiced no objection at this time to accept the $250,000. V. ADJOURNMENT: The meeting was adjourned at 12:30 p.m. Christy Audette Deputy City Clerk Karen A. Swartz Acting-Mayor (City Seal) PAGE 270 REGULAR MEETING - AUGUST 13, 1984 VOLUME 20 1. CALL TO ORDER: The August 13, 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, Williams and Wilson (Absent with Council consent was Councilmember Swartz) I I I r"""\!'='""! PAGE 271 REGULAR MEETING - AUGUST 13, 1984 VOLUME 20 Present also: City Manager Garzini, City Attorney Hughes and City Clerk Murphy SPECIAL ITEM: Cripps noted that, although the Council was bound by Code to abide by Roberts Rules of Order during the conduct of regular busi- ness, these rules had not been properly followed in the past. He stated that in the future, only those items properly introduced by motion would be discussed, debated and/or acted upon. IV. APPROVAL OF MINUTES: MEEHAN MOVED FOR APPROVAL OF THE JULY 23 AND AUGUST 1, 1984, MINUTES AS WRITTEN; THE MOTION WAS SECONDED BY GILLESPIE AND CARRIED UNANIMOUSLY. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: GILLESPIE MOVED FOR AN EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE CLOSE OF REGULAR BUSINESS TO DISCUSS PERSONNEL MATTERS; THE MOTION WAS SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY. (Cripps stated that only elected officials would attend the Executive Session.) MEEHAN MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE CONSENT CALENDAR AS PRESENTED; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. The following actions were taken: RESO/PURCHASING/ VEHICLES: Resolution No. 84-80, authorizing police patrol vehicle and an animal approved and filed; the purchase of a control vehicle, was 1. RESO/PARKS & REC: 2. Resolution No. 84-94, dedicating the newly erected twin picnic pavilion to the memory of James Wellington, was approved and filed; RESO/PURCHASING: 3. Resolution No. 84-95, designating the City Manager as the authorized representative for the purchase of equipment through the Alaska surplus property service, was approved and filed; RESO/GRANTS/ SENIOR CIT: 4. Resolution No. 84-96, accepting a $250,000 State grant for design of a senior/community center, was approved and filed; C.ATTY: 5. June 1984, invoice from HTGP&B for legal services total- ling $45,538.66, was approved for payment and filed; FINANCE: 6. July 19, 1984, Finance Department's list of accounts payable totalling $2,273.826.10, was approved for payment and filed; and 7. The Building Permit Report covering permits and inspec- tions processed 1982 through the present was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the Assembly meeting of August 7, 1984. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: (With prior notice only) Cripps introduced Bette Cato, State House Representative. Representative Cato thanked everyone for their past support and stated that although she was running unopposed in the upcoming election, she intended to visit all sections of the district prior to the election. IX. ORDINANCES AND RESOLUTIONS: r-,--,\ t. t 1._' PAGE 272 REGULAR MEETING - AUGUST 13, 1984 VOLUME 20 A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: RESO/STRT DEPT: 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, APPROPRI- ATING FUNDS FROM THE COUNCIL CONTIN- GENCY ACCOUNT TO THE PUBLIC WORKS DEPARTMENT FOR THE PURCHASE OF TRASH RECEPTACLES FOR DOWNTOWN SEWARD. GILLESPIE MOVED FOR APPROVAL OF RESOLUTION NO. 84-97; SECONDED BY HILTON. Cripps noted that he had introduced the proposed resolution following a discussion with City Engineer Paul Diener. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. RESO/STREETS/ 2. Copies having been made available to the public, CON-088: Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRI- ATING ADDITIONAL FUNDS FOR THE CONSTRUCTION OF PUBLIC SIDEWALKS. GILLESPIE MOVED FOR APPROVAL OF RESOLUTION NO. 84-98; SECONDED BY WILSON. In response to a question from Gillespie, Diener stated that Liberty Way, the low bidder for the sidewalk construction proj ect, was con- sidered competent and capable of completing the project as bid. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. RESO/CON-D96: 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, AUTHORIZ- ING A SOLE SOURCE CONTRACT WITH B & R ENVIRONMENTAL FOR THE DISPOSAL OF PCB CONTAMINATED MATERIALS. GILLESPIE MOVED FOR APPROVAL OF RESOLUTION NO. 84-99; SECONDED BY HILTON. Diener explained that Energy & Environment Research Group, Inc., had failed to remove all of the PCB contaminated materials and transformers from the City as promised. Since the company was no longer in exis- tence, the City had no choice but to contract with another firm for the disposal of the PCB's. Although currently in compliance, the City must dispose of the contaminated materials within 2-3 months or face heavy fines for noncompliance. Diener further explained that B&R Environ- mental was the only firm qualified to handle PCB disposal in the State of Alaska. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. RESO/PURCHASING/ 4. Copies having been made available to the public, SBH: Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING THE PURCHASE OF MATERIALS FOR r---" PAGE 273 REGULAR MEETING - AUGUST 13, 1984 VOLUME 20 GANGWAY REDECKING IN THE SMALL BOAT HARBOR WITHOUT FULL UTILIZATION OF THE BID PROCEDURES AS SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE. WILSON MOVED FOR APPROVAL OF RESOLUTION NO. 84-100; SECONDED BY GILLES- PIE. I Wilson noted that there was no uniformity in what had been bid and asked for an explanation of the weighting process. Garzini explained that each firm had bid a different solution. The one presented by Seward Ships Chandlery was not only the least expensive, but was also the most desirable solution for the Harbor's redecking project. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: DAIRY HILL/ A. EASMTS: AN EASEMENT WILLIAMS. GILLESPIE MOVED TO AUTHORIZE THE CITY MANAGER TO PURCHASE FROM MR. O'BRIEN IN THE AMOUNT OF $2500; SECONDED BY I August 6, 1984, memorandum from Diener recommending the proposed pur- chase of the easement in order to continue with the Dairy Hill utility expansion project was noted. In response to a question from Meehan, Garzini explained that most of the property owners in the area had granted easements to the City for $1. The $2500 requested by O'Brien was a negotiated figure and not necessarily a "high" price. Diener stated that most of the easements were located in areas not suitable for development. Other easements had been received in exchange for the vacation of a road right-of-way, thus adding additional, buildable property to existing private holdings. O'Brien had contended that his property had some value in that it was "developable". Cripps stated that he would be unable to support such a purchase. Hilton concurred, stating that the City was setting a dangerous precedent with this action. Garzini explained that, without this easement, the project could not be completed, adding that condemnation proceedings would be both lengthy and costly. THE QUESTION WAS CALLED AND THE MOTION PASSED FOUR TO TWO WITH CRIPPS AND HILTON VOTING NO. CON-076: B. HILTON MOVED TO AUTHORIZE THE CITY TO ENTER INTO A CONTRACT WITH TEPA JALISCO CORPORATION IN AN AMOUNT NOT TO EXCEED $104,000 FOR CLEARING OF THE NORTH SECTION OF THE SEWARD TRANSMISSION LINE RIGHT-OF-WAY; SECONDED BY GILLESPIE. I August 8, 1984, memorandum from Diener recommending award of both the northern and southern clearing contracts to the respective low bidders was noted. Diener explained that both bids came in above the Engineer's estimate; however, this type of project was very difficult to estimate and it was his opinion that neither bid was out of line. Diener further noted that a permit for clearing had not yet been received from the Forest Service due to a dispute with Chugach Electric over the ownership of the poles and line from Dave's Creek to Lawing. He was therefore asking the Forest Service to split the permit, thus allowing clearing to begin on the southern portion immediately after award of the contract. He anticipated a speedy resolution of the CEA dispute so that a notice to proceed could be issued in the near future. THE QUESTION WAS CALLED AND THE MOTION PASSED WITH FIVE YES VOTES AND WILSON ABSTAINING. (Wilson abstained due to his association with the Forest Service.) CON-084: GILLESPIE MOVED TO ENTER INTO A CONTRACT WITH SOUTHWEST COMPANY IN AN AMOUNT NOT TO EXCEED $167,500 FOR CLEARING OF THE SOUTHERN PORTION OF THE SEWARD TRANSMISSION LINE RIGHT-OF-WAY. THE QUESTION WAS CALLED AND THE MOTION PASSED WITH FIVE YES VOTES AND WILSON ABSTAINING. XII. CITY MANAGER REPORTS: r-_~ ..!.. I z.,. PAGE 274 REGULAR MEETING - AUGUST 13, 1984 VOLUME 20 A. Garzini requested Council consent to send a letter to Governor Sheffield recommending his consideration of Beverly Dunham and Dale Lindsey for appointment to the Alaska Railroad Board. There was no objection from the Council. Cripps suggested that another likely candidate in the Seward area was Jack Werner. XIII. COUNCIL DISCUSSION: WILSON asked that the City begin clearing saw logs from the proposed prison site for sale to local timber users, thus leaving the slash for this season's firewood cutters. Wilson also expressed concern for the condition of lots surrounding recent new construction. He suggested that the City require some minimum landscaping by contractors. MEEHAN asked that the Clerk Borough ordinance requiring a covering trucks transporting refuse to the dump. already had such an ordinance. request a copy of the MatSu over trash or garbage-filled Gillespie noted that the City HILTON expressed his displeasure over the recent turn of events relative to the KSEC/ AIRCO (or DEMPCO) agreements. He stated that KSEC had ample opportunity to come to some sort of agreement and asked that the City Manager come back to the Council with an RFP for MIC development. Meehan concurred. Garzini suggested that the Council give KSEC until month's end to produce an agreement and plan. Garzini stated that he would return to Council with either an agreement or an RFP at the next meeting. Friday Alaska. CRIPPS stated that he would be in Fairbanks on Thursday and to meet with Drs. Alexander and 0' Roarke of the University of He also had scheduled a lunch meeting with Dempsey on Thursday. XIV. CITIZENS' DISCUSSION: MARGARET BRANSON, Fourth Avenue, Seward, appeared before Council and asked that the City take action to eliminate the unsightly booths which had been erected by itinerant merchants in the Small Boat Harbor. (Cripps stated that he shared her concern and hoped to see something in the Code soon which would prevent such and occurrence in the future.) She also stated that she agreed with Wilson's remarks concerning landscaping. XV. ADJOURNMENT: The meeting was adj ourned at 8: 30 p.m.; and, after a short recess, the Council reconvened in Executive Session to discuss a per- sonnel matter. AL MEETING - AUGUST 20, 1984 VOLUME 20 1. The August 20, 1984, special meeting of the Seward City Council was called to order at 12:02 p.m. by Mayor Donald W. Cripps. I I. OPENING CEREMONY: Councilmember Williams led the pledge of allegiance to the flag. I II. ROLL CALL: r;,~1 PAGE 275 SPECIAL MEETING - AUGUST 20, 1984 VOLUME 20 Present were: Mayor Cripps and Councilmembers Hilton, Swartz, Williams and Wilson (Absent with Council consent were Councilmembers Gillespie and Meehan) Present also: City Manager Garzini, City Engineer/Utilities Manager Diener and City Clerk Murphy IV. SPECIAL ITEM: I CON-101: A. August 16, 1984, memorandum from Utility Engineer Jack Anderson was noted. Diener explained that the City would be dependent upon diesel generators intermittently during construction of the new transmission line. A technical inspection of the two 1500 kw generators currently in operation (1940 models) was performed by the manufacturers. Their tests indicated the need for extensive overhaul and parts replace- ment if serious damage to the units was to be avoided. Since all re- placement parts must come from ALCO, the City had no choice but to sole source the purchase of the parts at an estimated cost of $150,000. Diener noted that replacement cost of the generators would total approx- imately $500,000 each. He recommended approval of the sole source purchase. HILTON MOVED FOR APPROVAL OF THE EXPENDITURE OF $150,000 FOR EMERGENCY REPAIRS OF TWO GENERATORS; SECONDED BY SWARTZ. Following discussion, THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. V. ADJOURNMENT: The meeting was adjourned act 12.:.1-5IP.m. ) '~ ' L~. DO~~~Sffi, Mayor I 1. CALL TO ORDER: The August 22, 1984, special meeting of the Seward City Council was called to order at 4:02 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Gillespie led the pledge of allegiance to the flag. III. ROLL CALL: I Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Meehan, Swartz and Williams (Absent with Council consent was Councilmember Wilson) Present also: City Clerk Murphy IV. SPECIAL ITEM: ELECTIONS/ A. The City Clerk distributed a tally of the unofficial BONDS/ results of the August 21, 1984, special municipal election conducted by ELEC. the City in order for the qualified electors of the City to consider the DEPT: following ballot proposition: ZIt) PAGE 276 SPECIAL MEETING - AUGUST 22, 1984 VOLUME 20 SHALL THE CITY OF SEWARD, ALASKA, INCUR INDEBTEDNESS AND ISSUE ITS GENERAL OBLI- GATION BONDS PAYABLE FROM TAXES LEVIED UPON THE TAXABLE REAL AND PERSONAL PROPER- TY IN THE CITY AND FROM ANY OTHER SOURCES OF REVENUE NOT TO EXCEED FIVE MILLION DOLLARS ($5,000,000) FOR THE PURPOSE OF PLANNING, DESIGNING, CONSTRUCTION AND LAND ACQUISITION FOR IMPROVEMENTS TO EXISTING FACILITIES AND FOR NEW FACILITIES OF THE ELECTRICAL TRANSMISSION AND DISTRIBUTION SYSTEM OF THE CITY OF SEWARD, ALASKA, SUCH IMPROVEMENTS AND NEW FACILITIES BEING LOCATED BOTH WITHIN AND OUTSIDE OF THE BOUNDARIES OF THE CITY OF SEWARD, ALASKA, AND PLEDGE ITS FULL FAITH AND CREDIT FOR THE PAYMENT OF THE BONDS? The Clerk noted that a total of 228 ballots had been cast on election day. Two hundred sixteen (216) ballots had been counted by the election boards; the remaining 12 ballots were questioned ballots to be con- sidered by the Canvass Board. Murphy also displayed the tally sheets and the lists of those requesting and receiving absentee ballots prior to the election. Murphy distributed a list bearing the names of the 27 electors who had requested absentee ballots. She noted that only 24 of these ballots had been returned in time to be canvassed by the Board and she recommended that the Board count all 24 ballots. WILLIAMS MOVED TO COUNT THE 24 ABSENTEE BALLOTS AS RECOMMENDED BY THE CLERK; SECONDED BY SWARTZ. THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. The absentee ballots as their outer envelopes, questioned ballots: cast by the following electors were removed from shuffled and laid aside to be counted with the PRECINCT NO. 1 PRECINCT NO. 2 COMER, Leo G. CRIPPS, David B. CRIPPS, Jean E. DARBYSHIRE, Beverly L. HOFSTAD, Richard T. GERWER, Theodore J. JOHNSON, Jack V. JORGENSEN, Stewart A. KANSTEINER, Mark L. LEDET, Judith M. REYNOLDS, Shirley A. ROCKWOOD, Stephen K. WEIR, Edna WHITMORE, Brent L. ANDERSON, Sharon E. DUNHAM, Willard E. HILTON, Janis A. LEIRER, Herman E. LOHSE, Lorna M. MOORE, David E. SCHAEFERMEYER, Darryl SCHOLL, Dennis M. URBACH, Dorothy M. URBACH, Lawrence Murphy distributed a list bearing the names of those individuals casting questioned ballots on election day. She stated that most of the ques- tioned ballots had been cast by voters who had moved from one City precinct to another or who had been omitted from the voter registration lists by computer error. She recommended that only one ballot--that of Leroy Ashenfelter--be rejected. There was no evidence that Mr. Ashen- felter had ever registered to vote in this district. WILLIAMS MOVED TO COUNT THE 11 QUESTIONED BALLOTS AS RECOMMENDED BY THE CLERK, REJECTING THE BALLOT CAST BY ASHENFELTER; SECONDED BY SWARTZ. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. 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: PAGE 277 SPECIAL MEETING - AUGUST 22, 1984 VOLUME 20 PRECINCT NO. 1 PRECINCT NO. 2 DIENER, Everett P. DIENER, Myrle E. OSTEN, Helmut Leo PICKETT, Alice C. PINE Sylvia R. FLEETWOOD, L. G. FLEETWOOD, Suzanne HIGHSMITH, Deloris Dee Ann McRAE, Diane L. SIMUTIS, Leslie SVABIK, Mark A. I The 35 approved ballots were removed from their blank white envelopes by Gillespi.e and read aloud by Cripps with Hilton and Swartz observing and Meehan and Williams conducting the tally. The totals of the absentee and questioned ballots counted were added to the totals of those ballots cast and counted on August 21, 1984. Murphy read the results of the combined totals as follows: PRECINCT PRECINCT ABSENTEE/ NO. 1 NO. 2 QUESTIONED TOTALS YES 103 52 30 185 NO 49 12 5 66 TOTAL VOTES CAST 157 71 39 255 TOTAL VOTES COUNTED 152 64 35 251 Cripps stated that any 10 qualified voters of the City could contest the election if they have a valid reason as stated in Section 8-38 of the City Code. He added that, barring the receipt of a contest in the Office of the City Clerk prior to 5:00 p.m. on Monday, August 27, the City Council would vote to certify the election and declare the results as stated above final at its regular meeting of August 27, 1984. V. ADJOURNMENT: I The meeting was adjourned at 4:25 p.m. (,/$uJ~~ Donald W. Cripps Mayor -: ... (CitY;l'eal) .~ ""'"'.'0. 1" ,f 1 ~~- r-..~ ./' ~\,"'-<, ' ~~~---------------------------------------------------- PAGE 277 REGULAR MEETING - AUGUST 27, 1984 VOLUME 20 I. CALL TO ORDER: The August 27, 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 Meehan led the pledge of allegiance to the flag. I III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Meehan, Williams and Wilson (Absent with Council consent was Councilmember Swartz) Present also: City Manager Garzini, City Attorney Arvidson, and City Clerk Murphy IV. APPROVAL OF MINUTES: ...- ;!. 48 PAGE 278 REGULAR MEETING - AUGUST 27, 1984 VOLUME 20 HILTON MOVED TO APPROVE THE WRITTEN; SECONDED BY MEEHAN. PASSED UNANIMOUSLY. V. AUGUST 13, 20 AND 22, 1984, MINUTES AS THE QUESTION WAS CALLED AND THE MOTION APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: MEEHAN MOVED TO MEET IN EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE CLOSE OF REGULAR BUSINESS TO DISCUSS MATTERS UNDER LITIGATION; SECONDED BY WILSON. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. (Executive Session requested by Garzini.) HILTON MOVED TO MEET IN A SECOND EXECUTIVE SESSION FOLLOWING THE MEETING TO DISCUSS A PERSONNEL MATTER; SECONDED BY WILSON. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. (Executive Session requested by Cripps.) Garzini meeting Chugach requested agenda: Electric to the regular agreement with the addition of the following item X(A), Approval of wholesale power Association. HILTON MOVED TO APPROVE THE REGULAR MEETING AGENDA AS AMENDED AND THE CONSENT CALENDAR AS PRESENTED; SECONDED BY MEEHAN. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. The following actions were taken: RESO/PORT DEV: C.ATTY: P & Z: RE-043: FIRE DEPT: TEEN CENTER: 1. Resolution No. 84-101, requesting that the U.S. Govern- ment grant Port of Entry status to the City of Seward, was approved and filed; 2. July 1984, invoice from HTGP&B for legal services total- ling $43,567.44, was approved for payment and filed; 3. August 21, 1984, letter of resignation from Seward Planning and Zoning Commissioner Christopher Dinnan was noted and the Clerk was instructed to advertise the vacancy; 4. August 23, 1984, letter from James T. Pruitt, Seward Ship's Chandlery, requesting a 60-day construction deadline extension was noted and extension was granted; 5. August 20, 1984, letter from Homer City Manager Shealy relative to the decision of the Homer City Council to oppose a Borough-wide ban on pyrotechnical devices was noted for information and filed; 6. August 20, 1984, Fairbanks trip report from Cripps was noted for information and filed; and 7. Litter Reduction and Recycling Program Awards application nominating Judi Andrijanoff and the Seward Teen Center was approved and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the Borough Assembly meeting of August 21, 1984. VII. PUBLIC HEARINGS: VIII. None CITIZENS' DISCUSSION: (With prior notice only) None IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None I \):,"''',!!''\ PAGE 279 REGULAR MEETING - AUGUST 27, 1984 VOLUME 20 B. Ordinances for Public Hearing and Enactment: None C. Resolutions: 1. Copies having been made available to the public, Cripps noted by title only a proposed resolution entitled: RESO/CON- 103: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING A SOLE SOURCE CONTRACT WITH R. W. BECK & ASSOCIATES FOR AN ELECTRIC RATE DESIGN. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-102; SECONDED BY WILSON. In response to a question from Gillespie, Diener explained that the study performed by Kennedy Jenks in October 1983 was the first step in the redesign of the rate schedule. Kennedy Jenks looked at the cost of power and the total cost involved in running the utility. With planned and anticipated growth in industry, the City needs to look at a new rate structure; otherwise, the smaller consumers will be subsidizing those with larger power needs. Diener stated that he recommended Beck for several reasons: The company knows the Seward Utility, the firm has been recommended by the APA, it has the required expertise and experi- ence, and it is ready to proceed immediately with the study. Discussion followed, with Diener answering several questions from the Council. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. 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 CITY MANAGER TO ISSUE A PURCHASE ORDER TO WESTERN UTILITIES SUPPLY COMPANY FOR MATERIALS REQUIRED FOR THE DAIRY HILL UTILITY EXPANSION. I RESO/CON-079: I MEEHAN MOVED TO APPROVE RESOLUTION NO. 84-102; SECONDED BY HILTON. Diener noted that this resolution should be considered in light of Agenda Item XI(A), proposed Change Order No.1 to Dane's General Con- tracting, Inc. If Council approved the Change Order, additional pipe would be needed for the Dairy Hill utility expansion project. He noted that Western Utilities traditionally has the best price and is one of the few suppliers of the needed pipe. He added that, if Council failed to approve the Change Order, the pipe would not be ordered. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. RECESS: The meeting was recessed at 8:01 p.m.; reconvened at 8:08 p.m. X. UNFINISHED BUSINESS: CEA/CON- 09S: A. MEEHAN MOVED TO APPROVE THE CHUGACH ELECTRIC ASSOCIATION WHOLESALE POWER AGREEMENT; SECONDED BY GILLESPIE. Garzini noted the August 27, 1984, letter from CEA and attached Whole- sale Power Agreement, Settlement and Release, and Right-of-Way Access Agreement which had been executed by CEA. He added that CEA had stip- ulated that the documents were conditioned upon the City executing and telecopying them to CEA by 5: 00 p. m., August 28. Following City ap- proval, the Wholesale Power Agreement would be sent to REA for approval. Garzini noted that the Settlement and Release Agreement called for payment of $109,000 to CEA. This settlement would bring to a close a billing dispute between the City and CEA dating back to 1979. At that time CEA had billed the City $169,000 for improvements to the Mile 7 substation. The City had refused to pay this amount and had offered to (J'QO LO PAGE 280 REGULAR MEETING - AUGUST 27, 1984 VOLUME 20 pay $59,000. The $109,000 was a negotiated figure and settlement of the dispute would allow the City to enter into the needed power agreement and would further allow the City access to CEA' s right-of-way between Dave's Creek and Lawing for construction of the 115 Kv transmission line. THE QUESTION WAS CALLED AND THE MOTION CARRIED WITH FIVE VOTES IN FAVOR AND WILSON ABSTAINING. NOTE: Wilson, District Ranger with the U.S. Forest Service, abstained due to the ongoing permitting process between the City and the USFS for right-of-way access for construction of the transmission line. XI. NEW BUSINESS: CON-D86 : GENERAL SECONDED A. HIL TON MOVED TO APPROVE CHANGE ORDER NO. 1 TO DANE'S CONTRACTING FOR THE DAIRY HILL UTILITY EXPANSION PROJECT; BY MEEHAN. Diener noted his August 20 memorandum outlining several suggested additions and deletions to the contract for the water and sewer exten- sion. He stated that the additional work, coupled with several dele- tions and cost savings in other areas, would result in a net increase of $5,843.60. Diener added that monies were available from the State grant funds. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. ELECTIONS: B. MEEHAN MOVED TO CERTIFY THE AUGUST 21, 1984, SPECIAL ELECTION AS VALID AND TO DECLARE THE RESULTS AS SET FORTH IN THE MEMO- RANDUM FROM THE CLERK AS THE OFFICIAL RESULTS THEREOF; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY. (The proposition au- thorizing the sale of $5 Million General Obligation Bonds for electrical transmission line upgrade was approved by a vote of 185-66.) OTS: C. WILSON MOVED TO GRANT PERMISSION TO HARRY FOOSNES TO BUILD A CANOPY AS PROPOSED IN HIS LETTER OF AUGUST 17; SECONDED BY HILTON. (The proposed canopy was to be added to the structure located on Block 4, Original Townsite of Seward, and commonly known as "Solly's".) , Williams stated that she was opposed to granting any new encroachments onto City rights-of-way. In response to a question from Gillespie, Pflum stated that only the posts supporting the can'opy constituted an encroachment; the canopy could be approved by a permit from the City. Hilton stated that he would be opposed to enc:roa'chments for new con- struction, but he viewed the work being done on the "Solly's Building" ,as an attempt to clean up an eyesore in the downtown area. THE QUESTION WAS CALLED AND THE MOTION CARRIED WITH CRIPPS, GILLESPIE, HILTON AND MEEHAN VOTING IN FAVOR AND WILLIAMS AND WILSON OPPOSING. XII. CITY MANAGER REPORTS: MIC: A. Garzini stated that the AIRCO Board had opted not to come to terms with KSEC; therefore, the proposed franchise for the MIC dock facility would not be placed on the October ballot. He noted that he was preparing an RFP which would be available for Council review within the next week. Garzini added that KSEC was still interested in leasing the City's MIC facility and would probably be a respondent to the RFP. B. Garzini reminded Council that it would be meeting in Special Session on Friday, August 31, in order to consider the transfer of property to the State for prison construction as well as a bid award for the purchase of two generators. XIII. COUNCIL DISCUSSION: WI~IAMS asked for a progress report on the Classification/Pay Plan study being conducted by Dick Salik. Murphy stated that Salik would be meeting with the Council in September. Williams asked that the I I I - , . :", ~ PAGE 281 REGULAR MEETING - AUGUST 27, 1984 VOLUME 20 City look into lamp posts in the downtown area needing covers over exposed wires and encroachments of lumber, etc., onto City sidewalks, adding that both of these areas represented a danger to passers-by. WILSON asked the price of fire boats such as the ones inspect- ed by Gage and Singleton on a recent trip to Seattle. Garzini stated that the City had $75,000 in grant funds available for the purchase of such a boat, but would need $125-150 Thousand to purchase one. He stated that, if needed, the money could be found, but added that the real cost was in maintenance, not purchase. He stated that, as the City's harbor area is expanded, the need for such a craft would grow, and the City should think about purchasing one in the future. Wilson also asked the administration to proceed with the dedication of the First and Second Lake area as a park and attendant vacation of streets in the area. Garzini stated that he would pursue this. HILTON asked if Salik had begun his survey of local salaries. Murphy stated that he would be approaching local businesses for that data in September. CRIPPS complimented the citizens of Chenega in their efforts to rebuild their community. XIV. CITIZENS' DISCUSSION: SANDY WASSILIE, Lowell Canyon Road, Seward, appeared before the Council and asked for an update on the Susitna proj ect. Cripps stated that he had recently attended a meeting of the Governor's Council on Railbelt Electrification. Members had been asked for input in order to determine if Susitna is feasible. A decision as to whether to continue with the project would be made at a future date. XV. ADJOURNMENT: The meeting was adjourned at 8:50 p.m., recess, the Council reconvened in Executive Session under litigation and a personnel matter. ~-o:r . .J. n'f St ~,~~, {o' 'f'{_i,~' -."'9 _' ',-;," :1~'O " . ~.. '" ' (--, and after a short to discuss a matter Q,..~ ~ Donald W. Cripps Mayor - AUGUST 31, 1983 VOLUME 20 1. CALL TO ORDER: The August 31, 1984, special meeting of the Seward City Council was called to order at 12:02 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Hilton led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Meehan, Swartz and Williams (Absent with Council consent was Councilmember Wilson) Present also: City Manager Garzini and City Clerk Murphy IV. PUBLIC HEARINGS: PH/PRISON: A. Notice of Special Meeting and Public Hearing as posted and published by law was noted and the public bearing on the proposed :=82 PAGE 282 SPECIAL MEETING - AUGUST 31, 1984 VOLUME 20 transfer of property located adjacent to the Marine Industrial Center at Fourth of July Creek to the State of Alaska for construction and opera- tion of a prison facility was opened. GREG BITHER-TERRY, 338 First Avenue, Seward, appeared before Council and spoke in opposition to the transfer of the property. He asked that Council consider an amendment to the resolution authorizing the transfer which would require the State to receive Council approval before expand- ing the prison beyond the 320-bed capacity now planned. ANNE KRAMER, Salmon Creek Road, Seward, appeared from the audience and voiced her opposition to the transfer of the property. NAN SALDI, Lowell Point Road, Seward, appeared before the Council and stated that she was opposed to the prison and the proposed transfer of property. She stated that the influx of another large government institution would not be in keeping with Seward's tradition as a "port town". No one else appeared in order to be heard and the public hearing was closed. V. RESOLUTIONS: RESO/PRISON/ A. Copies having been made available to the public, Cripps MIC: noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING THE TRANSFER OF PARCEL "A", SPRING CREEK CORRECTIONAL FACILITY SITE, AND TRACT "E", FOURTH OF JULY CREEK TRACTS, TO THE STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, AS THE SITE OF THE STATE LONG-TERM MAXIMUM SECURITY CORRECTIONAL FACILITY. HILTON MOVED TO APPROVE RESOLUTION NO. 84-104; THE MOTION WAS SECONDED BY SWARTZ. In response to a question from Meehan, Garzini stat61~' 'that, the State would need in excess of 200 acres of land to accommoqate the facility, roadways, and the water and sewage treatment facilities. Carzini further explained that the State is currently plamiing to construct a 320-bed facility. Although any future expansion would not require the State to seek City or Council approval, it would require funding from the Legislature. Thus, the City would have an opportunity for input before expansion could take place. He added that expansion of the facility would also require expansion of the water and sewer facilities (owned by the City). " HILTON MOVED TO AMEND THE PROPOSED RESOLUTION BY ADDING A NEW SECTION TO READ AS FOLLOWS: TRANSFER OF THE PROPERTY IS CONTINGENT UPON RECEIVING ASSURANCES FROM THE STATE THAT IT WILL NOT EXPAND THE FACILITY TO GREATER THAN 320 BEDS WITHOUT THE APPROVAL OF THE CITY OF SEWARD; THE MOTION WAS SECONDED BY MEEHAN. Swartz and Cripps objected to the amendment stating that the City should not put any additional strings on the transfer of the property. Cripps added that the City already has a reversionary clause in the deed whereby the property can only be used for the prison facility. THE QUESTION WAS CALLED ON THE AMENDMENT--THE AMENDMENT FAILED WITH HILTON, GILLESPIE AND MEEHAN VOTING IN FAVOR AND CRIPPS, SWARTZ AND WILLIAMS OPPOSED. THE QUESTION WAS CALLED ON THE MAIN MOTION; THE MOTION PASSED WITH CRIPPS, GILLESPIE, MEEHAN, SWARTZ AND WILLIAMS IN FAVOR AND HILTON OPPOSED. Resolution No. 84-104 will take effect on September 30, 1984. PAGE 283 SPECIAL MEETING - AUGUST 31, 1984 VOLUME 20 V1. NEW BUSINESS: CON- 106: Anderson noted. A. August 27, 1984, memorandum from Utility Engineer Jack relative to the proposed purchase of diesel generator units was MEEHAN MOVED TO PURCHASE TWO 2.5 KW DIESEL GENERATOR UNITS FROM MORRISON KNUDSEN FOR A PRICE NOT TO EXCEED $1,090,000; THE MOTION WAS SECONDED BY GILLESPIE. I Anderson noted that proposals had been solicited; three suppliers had responded to the RFP. He recommended the purchase of two remanufactured units from M-K. Diener pointed out that M-K had included in its pro- posal a detailed account of the remanufacturing process, adding that the units would be "like new". THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. CON-10S: B. August 30, 1984, memorandum from Engineering & Utilities Manager Diener relative to the award of a contract for the replace of the City Hall roof was noted. GILLESPIE MOVED TO AWARD A CONTRACT TO REPLACE THE CITY HALL ROOF TO WELLS-BUILT HOMES, INC., AND SEWARD ROOFING COMPANY IN THE AMOUNT OF $26,641.00. Diener explained that only one bid had been received, noting that it was wi thin the budget set aside for the proj ect. He also apologized to Council for adding this item with such short notice but explained that he hoped to see this project completed before the onslaught of foul weather. THE QUESTION WAS CALLED AND THE MOTION CARRIED WITH FIVE VOTES IN FAVOR AND WILLIAMS ABSTAINING. I NOTE: Williams, a principal in Wells-Built Homes, Inc., abstained due to her financial interest in the contract award. VII. ADJOURNMENT: was adjourned at 12:30 p.m. Q IJt_ ;0. ".,.,g.,v. ~ Donald W. Cripps Mayor REGULAR MEETING - SEPTEMBER 10, 1984 VOLUME 20 I. CALL TO ORDER: The September 10, 1984, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps. 11. OPENING CEREMONY: I Councilmember Wilson 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: Assistant City Manager Schaefermeyer, City At- torney Arvidson and City Clerk Murphy IV. APPROVAL OF MINUTES: '/,'W/ 4. ~. .',' PAGE 284 REGULAR MEETING - SEPTEMBER 10, 1984 VOLUME 20 GILLESPIE MOVED TO APPROVE THE AUGUST 27 & 31, 1984, MINUTES AS WRITTEN. THE MOTION WAS SECONDED BY HILTON AND UNANIMOUSLY CARRIED. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: GILLESPIE MOVED TO MEET IN EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE CLOSE OF REGULAR BUSINESS TO DISCUSS MATTERS UNDER LITIGATION. THE MOTION WAS SECONDED BY WILSON AND UNANIMOUSLY CARRIED. Schaefermeyer requested the addition of Agenda Item XI(D) , Werner request for nonobjection to continued encroachment of McMullens building onto City right-of-way. Cripps requested the addition of Agenda Item XI(E), letter from Fairbanks North Star Borough Mayor Allen requesting a joint meeting of the Borough Assembly and the Seward City Council. WILSON MOVED TO APPROVE THE REGULAR MEETING AGENDA AS AMENDED AND THE CONSENT CALENDAR AS PRESENTED. THE MOTION WAS SECONDED BY SWARTZ AND UNANIMOUSLY CARRIED. The following actions were taken: FINANCE DEPT: 1. August 15, 1984, Finance Department's list of accounts payable totalling $596,744.91, was approved for payment and filed; ELEC.DEPT: (SCAPPB) 2. September 6, 1984, memorandum from City Engineer/Util- ities Manager Paul Diener requesting Council approval of the City's membership in the Southcentral Alaska Power Planning Board and appointment of Diener as the City's representative with Jack Anderson as alternate was approved as recommended and filed; FLOOD INSURANCE: 3. August 22, 1984, memorandum from KPB Senior Planner Steve Cervantes relative to participation in the Federal Flood Insurance Program was noted for information and filed; and 4. August 29, 1984, letter from Governor Sheffield relative to capital projects funding was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: No report was given. VII. PUBLIC HEARINGS: None VII1. 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: BONDS/ELEC.DEPT.: 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, PROVIDING FOR THE ISSUANCE OF $5,000,000 PAGE 285 REGULAR MEETING - SEPTEMBER 10, 1984 VOLUME 20 GENERAL OBLIGATION BONDS OF THE CITY AND FIXING DETAILS OF SAID BONDS. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-105; THE MOTION WAS SECOND- ED BY SWARTZ. I Schaefermeyer noted that the proposed resolution had been drafted by the City's bond counsel, Wohlforth and Flint, and represented the final Council action necessary prior to the bond signing, scheduled for October 18. He added that the bond sale had been approved by the voters of the City at the special election of August 21, 1984. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. X. UNFINISHED BUSINESS: None XL NEW BUSINESS: CON-111: A. WILSON MOVED TO AWARD A CONTRACT FOR ENGINEERING SERVICES FOR THE UPGRADE OF THE SEWARD GENERATION CONTROL SYSTEM TO IECO FOR AN AMOUNT NOT TO EXCEED $100,000; THE MOTION WAS SECONDED BY GILLESPIE. September 5, 1984, memorandum from Utilities Engineer Jack Anderson outlining the services to be performed and recommending award to IECO was noted. Diener stated that his department had complied with all bid procedures required by the City, adding that, of the two respondents capable of meeting the City's schedule, IECO would be best able to perform the services. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. CON-108, 1.109' 110: 98 B. GILLESPIE MOVED TO AWARD CONTRACTS TO GENERAL ELECTRIC FOR POLES AND CROSS ARMS FOR AN AMOUNT NOT TO EXCEED $405,518; TO WESTERN STATES ELECTRIC CORP. FOR INSULATORS FOR $314,627; TO DEBENHAM ELECTRIC FOR OVERHEAD CONDUCTORS FOR $129,717.42; AND TO ANIXTER-ALASKA CORP. FOR UNDERGROUND CONDUCTOR AND DISTRIBUTION TRANSFORMERS FOR $154,760, AND TO WAIVE THE MINOR IRREGULARITY IN THE BIDDING PROCEDURES AS SET FORTH IN DIENER'S MEMORANDUM. THE MOTION WAS SECONDED BY MEEHAN. Diener stated that bids had been solicited as required by the City. The minor irregularity related to the acceptance of the Anixter-Alaska bid and was fully explained in the memoranda submitted by Leslie Simutis (Acres/Hanscomb) and Christy Audette (Deputy City Clerk). He noted that, if not for actions of one of the City's contractors, Anixter- Alaska's bid would have been received before the 11:00 a.m. filing deadline. Therefore, the City had elected to accept the bid as present- ed. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. CON-097: C. HILTON MOVED TO AWARD A CONTRACT FOR CONSTRUCTION OF THE LAWING SUBSTATION TO NEWBERY ALASKA DIVISION ENERGY RESOURCES CORPO- RATION FOR AN AMOUNT NOT TO EXCEED $284,215. THE MOTION WAS SECONDED BY SWARTZ. I September 7, 1984, memorandum from Diener recommending the award to Newbery was noted. Diener stated that bids were opened on September 6 and had been evaluated by EBASCO Services and Acres/Hanscomb. He added that Newbery was the low bidder. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. OTS: D. HIL TON MOVED TO GRANT A LETTER OF NONOBJECTION TO THE CONTINUED ENCROACHMENT OF THE MCMULLENS BUILDING ONTO CITY RIGHT-OF-WAY AS REQUESTED BY JACK WERNER. THE MOTION WAS SECONDED BY MEEHAN. September 10, 1984, memorandum from Schaefermeyer recommending the letter of nonobjection to the .8' encroachment onto the City sidewalk of the structure located at Lot 32, Block 9, OTS, as shown on the As-Built ..-...,,-. '""" .~ f~ f' PAGE 286 REGULAR MEETING - SEPTEMBER 10, 1984 VOLUME 20 survey submitted by Alaska Land Surveys, was noted. Schaefermeyer stated that many of the older buildings in the downtown area encroached upon City property, adding that the Council had traditionally granted requests for a continued encroachment for the life of the loan or the life of the structure, whichever should first occur. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. E. August 23, 1984, letter from Fairbanks North Star Borough Mayor B. B. Allen requesting a joint meeting of the FNS Borough Assembly and the Seward City Council to discuss economic ties between the two communities was noted by Cripps. It was the consensus of the Council to invite Mayor Allen and the Assembly to visit Seward during the week of October 8. XII. CITY MANAGER REPORTS: None XIII. COUNCIL DISCUSSION: MEEHAN asked the administration to work towards alleviating the traffic problem at the intersection of Bear Drive and the Seward Highway. He stated that vehicles entering and exiting Bob's Frontier Market represented a hazardous situation. SWARTZ asked the administration to look into providing an alternate route out of the Seward Fisheries area, citing the difficulty cannery workers and others experience when trying to pull onto the highway at Noon. HILTON asked that the Council and the City acknowledge those members of the community who had worked so hard to make the City's Little League program a success this summer. GILLESPIE asked the administration to proceed with recommenda- tions for an updated Capital Improvements Plan (CIP) for presentation to the Council and the Public at the next meeting. He stated that the Council should have some sort of priority list ready to present to Lt. Governor McAlpine when he visits Seward in October. Diener stated that he was working on an update to the CIP. WILLIAMS asked that the stop sign located at Third and Railway be moved from Railway to Third Avenue. CRIPPS noted receipt of a letter from Chugach Electric offer- ing to meet with City officials, at a mutually agreed upon time, to discuss the transmission line project. Diener stated that he would help coordinate a time. XIV. CITIZENS' DISCUSSION: BOB VALDATTA, Seward, appeared before Council and stated that a flood light should be installed at the Fire Hall and City Hall to provide light during electrical blackouts. XV. ADJOURNMENT: The meeting was adjourned at 8:00 p.m., and after a short recess, the Council reconvened in executive session to discuss matters under litigation. Q.A'J Q' Donald W. Cripps Jr Mayor . ' (&itySeal) PAGE 287 REGULAR MEETING - SEPTEMBER 24, 1984 VOLUME 20 I. CALL TO ORDER: The September 24, 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. I III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Meehan, Williams 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: MEEHAN MOVED TO APPROVE THE SEPTEMBER 10, 1984, MINUTES AS WRITTEN; THE MOTION WAS SECONDED BY GILLESPIE AND UNANIMOUSLY CARRIED. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Garzini requested the following addition to the regular meeting agenda: Agenda item IX(C)(6), Proposed Resolution No. 84-113, repealing the $5.2 Million bond authorization for Terminal Addition improvements. Meehan asked that Item No. 6 on the Consent Calendar (Proposed Capital Improve- ments List) be amended by adding "construction of the Iditarod Trail" to the list. I GILLESPIE MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE CONSENT CALENDAR AS AMENDED; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. The following actions were taken: 1. Resolution No. 84-106, authorizing the purchase of winter street materials, was approved and filed; RESO/PURCHASING: 2. September 7, 1984, Finance Department's list of accounts payable totalling $881,558.17, was approved for payment and filed; FINANCE DEPT: 3. September 18, 1984, memorandum from the City Clerk regarding a request for a Corps of Engineers permit to allow winter moorage of Rowan drilling rigs in Resur- rection Bay was approved and filed; CON- -.l.U & 113: 4. September 20, 1984, memorandum from Paul Diener, Util- ities/Engineering Manager, regarding the construction agreement and joint use agreement between the City and Chugach Electric Association was approved for signature and filed; 5. September 18, 1984, memorandum from Diener regarding the repair of the Ft. Raymond waterwell was noted for infor- mation and filed; and I CIP: 6. September 20, 1984, memorandum from Diener regarding the preliminary Capital Improvements Projects List was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Sewall was unable to attend the meeting; no report was given. VII. PUBLIC HEARINGS: f"\........ ,_, *~ t';"t~: PAGE 288 REGULAR MEETING - SEPTEMBER 24, 1984 VOLUME 20 None VIII. CITIZENS' DISCUSSION: (With prior notice only) CIT DISC: A. BRUCE HEATH, 528 Fifth Street, Seward, appeared before Council and asked if City grant funds were available for sculptures for City buildings and parks. He exhibited some of his work in progress as well as a photograph of a finished piece. Cripps explained that no funds were available at the present time, but noted that, should the City construct a public building (such as the planned Community Center) using State Funds, 1% of the budget would have to be set aside for art. At that time, the Council would probably appoint an Arts Council to select the artist and type of art appropriate for the facility. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: RESO/BONDS/SPEC PROJ: 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, AUTHORIZ- ING THE EXECUTION OF A LOAN AGREEMENT WITH THE ALASKA MUNICIPAL BOND BANK AND THE ISSUANCE OF A FULLY REGIS- TERED BOND TO THE ALASKA MUNICIPAL BOND BANK. Garzini noted the September 24, 1984, memorandum from Schaefermeyer - recommending approval of the resolution. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-108; THE MOTION WAS SECOND- ED BY HILTON AND CARRIED UNANIMOUSLY. RESO/SPEC PROJ: 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, TO ACQUIRE PROPERTIES BY CONDEMNATION. HILTON MOVED TO APPROVE RESOLUTION NO. 84-109; THE MOTION WAS SECONDED BY WILSON. September 18, 1984, memorandum from Diener recommending approval of the resolution authorizing the initiation of condemnation proceedings along the route of the proposed transmission line upgrade was noted. Diener noted that the proposed resolution would approve the purchase of those easements listed on Enclosure A and would pave the way for condemnation of those properties listed on Enclosure B if the City and the property owners could not come to terms on a purchase price. Garzini stated that some of the property owners affected by the proposed condemnation proceedings were in the audience and wished to address the Council. Cripps, with Council consent, stated that the Council would deviate from normal rules of procedure and allow audience comments. MARTIN J. PATTERSON, Mile 19, Seward Highway, appeared before the Council and asked that the Council consider an alternative route for the proposed power line. He stated that the proposed line would present a safety hazard for residents along the route. PAGE 289 REGULAR MEETING - SEPTEMBER 24, 1984 VOLUME 20 Garzini explained that the City would not construct a line that was unsafe. He added that, if Patterson's claim could be substantiated, an alternative would be found. Garzini then noted that residents of the Lawing/Crown Point area were also present in the audience. He explained to Council that the resolution before Council would in no way affect these individuals. The State has granted to the City the right to use its Right-of-Way through the Lawing area, and the City has no choice but to use the legal ROW available for the line. Cripps, with Council consent, agreed to hear the Lawing residents. I CLIFF JUDKINS, Mile 24~, Seward Highway, appeared before the Council and stated that he and several other residents had retained an attorney who would be filing a request for a Temporary Restraining Order which would bar the City from continuing with clearing of the property along the proposed route. He stated that the legal ROW through his property is no more than 33 feet, not the 100 feet claimed by the City. Meehan stated that the City should explore other alternatives. Diener explained that the City cannot afford a delay. Gillespie agreed that it was important to move forward with the resolution. He reminded Council that this resolution would not condemn anyone's property--it would merely be the first step towards acquiring the easements. In response to a question from Williams, Arvidson stated that, before the City could acquire property through eminent domain, a condemnation complaint and declaration of taking would have to be served on the property owners. the defendants would then have 20 days to answer the complaint before the City could take possession. TOM CLARK appeared from the audience and reminded Council that the majority of the property on the list for condemnation is unoccupied. GLEN WASHBURN, Mile 24, Seward Highway, stated that by condemning this property, the City would be threatening private property rights. I MEEHAN MOVED TO TABLE ACTION ON THE RESOLUTION UNTIL THE NEXT SCHEDULED MEETING; THE MOTION WAS SECONDED BY HILTON. Garzini reminded Council that the Lawing/Crown Point property was not an issue before Council--The proposed resolution deals only with those properties listed on the enclosures. THE QUESTION WAS CALLED AND THE MOTION TO TABLE PASSED WITH FIVE IN FAVOR AND GILLESPIE OPPOSED. RESO/CON-1l4/GQME PLAN/ 3. Copies having been made available to the public, ARPT Cripps noted by title only a proposed resolution entitled: HSTR PLN: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING A CONTRACT FOR PROFESSIONAL SERVICES WITH CCC ARCHITECTS AND PLANNERS AND APPROPRIATING NECESSARY FUNDS FOR THE UPDATE OF THE SEWARD COMPREHENSIVE PLAN AND A NEW AIRPORT MASTER PLAN. WILSON MOVED TO APPROVE RESOLUTION NO. 84-110; THE MOTION WAS SECONDED BY MEEHAN AND UNANIMOUSLY CARRIED. I RESO/BUDGET: 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, APPROPRI- ATING REVENUE DEPOSIT FEES FOR THE SALE OF INDUSTRIAL REVENUE BONDS FOR SUNEEL ALASKA CORPORATION TO THE ECONOMIC DEVELOPMENT DEPARTMENT. "~ ~,,'I ('\ L~ 'J , PAGE 290 REGULAR MEETING - SEPTEMBER 24, 1984 VOLUME 20 MEEHAN MOVED TO APPROVE RESOLUTION NO. 84-111; THE MOTION WAS SECONDED BY GILLESPIE AND CARRIED UNANIMOUSLY. RESO/SPEC PROJ: 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, APPROPRI- ATING ADDITIONAL FUNDS FOR CONSTRUC- TION OF 16" WATERMAIN, FIRE LOOP. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-112; THE MOTION WAS SECOND- ED BY MEEHAN. September 18, 1984, memorandum from Diener recommending approval of additional funds to provide a reliable large diameter connection between the Ft. Raymond well field and the main areas of town as well as the water storage tanks in Lowell Canyon was noted. The memorandum further stated that the Council had committed $100,000 to this project. Since construction and material contracts for the original project specifications had come in under budget, this money had not be expended. In response to a question from Williams, Diener explained that the businesses along the route of the watermain would not be assessed for the cost since the primary purpose for the line was fire control and water storage. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. RESO/BONDS/GTWY SUB: distributed entitled: 6. 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, REPEALING RESOLUTION NO. 81-32, RELATING TO THE AUTHORIZATION OF THE ISSUANCE OF $5,200,000 GENERAL OBLIGATION BONDS APPROVED AT THE REGULAR ELECTION HELD ON TUESDAY, OCTOBER 6, 1981. IT WAS MOVED BY HILTON TO APPROVE RESOLUTION NO. 84-113; THE MOTION WAS SECONDED BY WILSON. Garzini noted that Resolution No. 81-32 had authorized bonding to provide improvements to the Terminal Addition (now Gateway Subdivision). Since this subdivision was now being developed with private funds, these bonds would not have to be sold. In order to protect the City's bond rating, it was wise to remove this potential liability by repealing the resolution. THE QUESTION WAS CALLED AND THE MOTION PASSED WITH FIVE IN FAVOR AND GILLESPIE ABSTAINING. (Gillespie abstained due to his financial inter- est in the development of Gateway Subdivision.) X. UNFINISHED BUSINESS: None XI. NEW BUSINESS: BAYVIEW ADD: A. MEEHAN MOVED TO ALLOW THE CONTINUED ENCROACHMENT OF THE HEDMAN GARAGE AS SET FORTH IN SCHAEFERMEYER'S MEMORANDUM; THE MOTION WAS SECONDED BY HILTON. September 21, 1984 memorandum from Schaefermeyer recommending that Council grant a continued encroachment as requested by Walter Hedman was noted. The garage, located at Lot 24, Block 3, Bayview Addition, encroaches 5.1 feet onto an unimproved right-of-way, the maj ority of which is taken by Dairy Creek. PAGE 291 REGULAR MEETING - SEPTEMBER 24, 1984 VOLUME 20 THE QUESTION WAS CALLED AND THE MOTION CARRIED WITH FIVE IN FAVOR AND GILLESPIE ABSTAINING. (Gillespie abstained, stating that he was the real estate agent representing Mr. Hedman.) P&Z: B. September 17, 1984, memorandum from Murphy noting the names of the three applicants for the vacancy on the Advisory Planning and Zoning Commission was noted. Murphy stated the the applicants were Pat O'Brien, Donald A. Sutherland and Christine C. Werner. Ballots were distributed,voted by the Council and counted by the Clerk. I WILSON MOVED TO APPOINT THE HIGH VOTE-GETTER, DONALD A. SUTHERLAND, TO THE VACANT SEAT ON THE PLANNING COMMISSION; THE MOTION WAS SECONDED BY HILTON AND UNANIMOUSLY CARRIED. CON-llS/SGH: C. GILLESPIE MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT WITH RESOURCE MANAGEMENT CONSULTANTS, LTD., FOR THE PREPARATION OF A HEALTH PLANNING STUDY FOR SEWARD AND APPLICATION FOR A CERTIFICATE OF NEED FOR REPLACEMENT/RENOVATION OF THE SEWARD GENERAL HOSPITAL FACILITY FOR AN AMOUNT NOT TO EXCEED $24,790; THE MOTION WAS SECONDED BY WILLIAMS AND UNANIMOUSLY CARRIED. CON-116/COM.CNTR/ D. MEEHAN MOVED TO AWARD A CONTRACT TO KUMIN AND ASSOCIATES SNR CIT: FOR DESIGN OF THE SENIOR/COMMUNITY CENTER IN AN AMOUNT NOT TO EXCEED $16,800; THE MOTION WAS SECONDED BY HILTON. Wilson asked if the City had considered combining the Teen Center with the Seniors. Diener explained that the Teens and Seniors would not be compatible, but there was some discussion about including a day care center in the facility. The City also intends to incorporate a communi- ty center into the plan, with the entire facility managed by the Se- niors. THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. CON-086 : E. WILSON MOVED TO AUTHORIZE A CHANGE ORDER TO DANES GENERAL CONTRACTING, INC., IN AN AMOUNT NOT TO EXCEED $122,800, TO COMPLETE A 16" WATERMAIN EXTENSION TO THE SEWARD INDUSTRIAL AREA; THE MOTION WAS SECONDED BY HILTON. I Garzini explained that the funds for the change order had been appropri- ated by Resolution No. 84-112. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. XII. CITY MANAGER REPORTS: Garzini stated that he had not been directly involved in the trans- mission line issue prior to this morning. He noted that the City was in for a difficult time and asked that the Council keep an open mind when dealing with both the citizens and the administration. XIII. COUNCIL DISCUSSION: HILTON asked that the administration keep the Council more informed as to the status of City projects. I WILSON suggested an open house when the test lift is performed on the shiplift at the MIC. He also suggested that a sign designating Ballaine Blvd. (formerly Seventh Avenue) should be installed. In response to a question from Wilson, Garzini stated that the monthly TV fee was neces- sary to cover operating and maintenance costs for the three television stations. WILLIAMS asked that the City require all recipients of Conditional Use Permits conform to all conditions of the CUP prior to receiving a certificate of occupancy. CRIPPS expressed his pleasure in working with the present Council over the past year. '. '. ~..-, ...--.., L ,- , PAGE 292 REGULAR MEETING - SEPTEMBER 24, 1984 VOLUME 20 XIV. CITIZENS' DISCUSSION: None XV. ADJOURNMENT: The meeting was adjourned at 9:17 p.m. Q.dJ~ Donald W. Cripps Mayor " ,... . ::-~-,-"",----~-- : ' ' PAGE '292 .' · ~ , "' 'fr ' ,,: , ", "", . \.~ " f;l .,\oIi'/il', ., J . .(, , IS')' ",,"':, 1'~'r;';)~. e September 28, 1984, Special Meeting of the Seward City . -47"€ €'J:p:u as cancelled due to lack of a quorum. Cripps instructed the ,"__" . 0 reschedule the meeting for 12:30 p.m., Monday, October 1, 1984. '-'.J-"- SPECIAL MEETING - SEPTEMBER 28, 1984 VOLUME 20 r -. ~ '- . '0 " .-<',. (City ,Seal) :'l..,;ji '. "~':'~":;~--:';':-__,",,!_-----_----___-------_______________________________________ .~;;1?tP6rEt.,~'~,:c',. SPECIAL MEETING - OCTOBER 1, 1984 VOLUME 20 ...~...tttr;:{(I'.(jJ 1. CALL TO ORDER: The October 1, 1984, special meeting of the Seward City Council was called to order at 12:30 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 Hilton, Meehan, Swartz, Williams and Wilson (Absent with Council consent was Councilmember Gillespie) Present also: City Manager Garzini, Assistant City Manager Schaefermeyer and City Clerk Murphy IV. SPECIAL ITEMS: CON-062 : A. WILSON MOVED TO APPROVE THE CHANGE ORDER TO CROWLEY ----CONSTRUCTORS IN THE AMOUNT OF $105,000; SECONDED BY HILTON. October 1, 1984, memorandum from Paul Diener, Manager of Engineering and Utilities, recommending approval of the change order was noted. Acres/ Hanscomb representative Bill Toskey appeared before Council and briefly related the pertinent facts leading to the administration's request for approval of the change order. Toskey stated that the City had been negotiating with Crowley for nearly a year. The City had approved change orders for additional work last fall. Crowley then claimed that the changed conditions had resulted in additional costs to the company amounting to $170,000. Toskey further stated that A/H was unable to substantiate any more than $105,000 in additional costs and would recommend that the City offer that amount to the contractor so that work on the project could progress. Crowley would retain the right to sue "1> I I I \_),(r \\ ,,', PAGE 293 SPECIAL MEETING - OCTOBER 1, 1984 VOLUME 20 for the balance of their claim, but payment of the $105,000 would show good faith on the part of the City. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. B. Garzini stated that it would no longer be necessary to meet in executive session to discuss the transmission line upgrade. Diener proceeded with a status report which was supplemented with a handout from A/H. Diener stated that the opportunity to construct the transmission line this winter had passed; construction would be post- poned until spring. He further noted that the proposed Lawing substa- tion would be relocated to a site north of Lawing, thus eliminating the need to use any more than the 33' ROW currently being utilized. He added that the 69 kV line now in place would eventually have to be upgraded to 115 kV, but that upgrade would probably not be necessary for another 5-10 years. Toskey then explained the land acquisition process and the status of the land acquisition portion of this project. He also noted the problem areas and the projected results of negotiations with those individuals who had not yet agreed to sell easements to the City. Toskey stated that Ebasco would be redesigning the power pole on Martin Patterson's property in an effort to make it even safer than it current- ly is. Diener added that the City has an existing easement across Patterson's property to accommodate the power line. V. ADJOURNMENT: The meeting was adjourned at 1:25 p.m. ~~ Donald W. Cripps - Mayor --------------------------------------------------- SPECIAL MEETING - OCTOBER 3, 1984 VOLUME 20 special meeting of the Seward City at 4:00 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, Hil- ton, Meehan, Swartz, Williams and Wilson Present also: City Clerk Murphy and Deputy City Clerk Audette IV. SPECIAL ITEM: ELECTIONS/COUN- A. The City Clerk distributed a tally of the unofficial CIL/ results of the October 2, 1984, regular election. Murphy noted that a GRNBLT/ total of 622 ballots had been cast at the polls. Six hundred (600) CHAR- ballots had been counted by the election boards; the remaining 22 TER/ ballots were questioned ballots to be considered by the Canvass Board. SLS TX: Murphy also displayed the tally sheets and the lists of those requesting and receiving absentee ballots prior to the election. Murphy distributed a list bearing the names of the 55 electors who had requested absentee ballots. She noted that only 42 of these ballots had been returned in time to be canvassed by the Board. Of these, 5 ballot envelopes did not contain the required attestation, and Murphy recom- mended that the Board reject the ballots so submitted. Those ballots ') C"j ,-.~. 1:: PAGE 294 SPECIAL MEETING - OCTOBER 3, 1984 VOLUME 20 recommended for rejection were cast by the following voters, all of whom reside in Precinct No.1: BLATCHFORD, Thomas S. PAUL, Augustus John PAUL, Judy M. THORN, Karyn A. WHITMORE, Brent Murphy recommended that the Canvass Board count the remaining 37 ballots as cast by the following voters: PRECINCT NO. 1 PRECINCT NO. 2 ANDERSON, Michael G. BERGMAN, Carla C. BERGMAN, Ethan BITHER-TERRY, Judith BLATCHFORD, Edgar BUTLER, Jack J. DEGLEE, Patricia DINNAN, Christopher J. ERICKSON, Elroy C. HATCH, Anne M. HATCH, Ralph W. HITT, Amy E. KANSTEINER, Mark LANDENBURGER, Eric LEER, Jean E. LEVAN, Mel LINVILLE, Robert G. OSENGA, John W. SHOTT, Michael W. SWARTZ, James SWARTZ, Karen VANEK, Frank J. VANEK, Helen WAHRER, James, Sr. WAHRER, Norma G. WEIR, Edna M. WERNER, George H. YEZIERSKI, Phillip CAMPBELL, David Jon GILLESPIE, Raymond A. HATCH, Elizabeth HILTON, Janis PETERS, Kathy G. PETERS, Raymond H. SVABIK, Mark A. TUTHILL, April URBACH, Lawrence SWARTZ MOVED TO ACCEPT THE CLERK'S RECOMMENDATION TO COUNT THE 37 ABSENTEE BALLOTS; THE MOTION WAS SECONDED BY WILLIAMS AND UNANIMOUSLY CARRIED. Murphy distributed a list of persons casting questioned ballots on election day. She stated that 19 of the questioned ballots had been cast either by voters who had moved from one precinct to another within the City or who had been omitted from the voter rolls inadvertently. She stated that of the 22 questioned ballots cast, the following 3 were recommended for rejection as follows: BARDARSON, Rolf B. -- Registered in Bear Creek Precinct RICHEY, Robert C. Registered in Bear Creek Precinct CORCORAN, Michael P. -- No record of voter registration Murphy recommended that the Board count the questioned ballots as cast by the following electors: PRECINCT NO. 1 PRECINCT NO. 2 ALSOP, Connie CAMPBELL, Daniel K. CAMPBELL, Teresa M. EVERETT, Ludwig HUTCHISON, Florence M. MORGAN, Charolette SHERMAN, Cathy R. HIGHSMITH, Raymond C. HOVILAND, Lloyd HOVILAND, Loren W. HUDAK, Debra HUDAK, George F. KAYE, Bruce M. KAYE , PAULA LINDSEY, Kent A. I I I r, -- -- PAGE 295 SPECIAL MEETING - OCTOBER 3, 1984 VOLUME 20 PRECINCT NO. 2 LLOYD, Bob NELSON, Alison Stoppel NELSON, Kurt J. WARREN, Wendy K. MEEHAN MOVED TO ACCEPT THE CLERK'S RECOMMENDATION TO COUNT THE 19 QUESTIONED BALLOTS; THE MOTION WAS SECONDED BY SWARTZ AND UNANIMOUSLY CARRIED. The absentee and questioned ballots were removed from their outer envelopes and shuffled by Mayor Cripps. (Two of the ballots were not sealed in the plain white envelope and were returned to the Clerk for safekeeping.) The remaining 54 approved ballots were removed from their blank white envelopes by Swartz and read aloud by Cripps with Meehan and Hilton conducting the tally and Gillespie, Williams and Wilson watching. The totals of the absentee and questioned ballots counted were added to the totals of those ballots cast and counted on October 2, 1984. Murphy read the results of the combined totals as follows: PRECINCT NO.1 PRECINCT NO. 2 ABSENTEE/ QUESTIONED TOTALS COUNCILMEMBER (2-year term; 3 be elected) Raymond A. Burgess Walter Christolear John F. Gillespie Dennis M. Scholl Bruce C. Sieminski Leslie Simutis Oscar Watsjold Geoffrey Wilson 158 70 178 145 140 157 135 185 55 21 65 68 63 62 53 93 15 7 28 20 10 17 21 22 228 98 271 233 213 236 209 300 WRITE-INS: B. Hulm 1 Duane LeVan Mel LeVan Sanna LeVan Karen Swartz 1 Bob Valdatta 11 1 1 1 1 1 18 1 1 1 6 1 PROPOSITION NO. 1 (Inclusion of Tracts 5 & 6, Waterfront Tracts, into the Greenbelt) YES 252 NO 165 96 79 41 12 389 256 PROPOSITION NO. 2 (Charter amendment removing prohibi- tions against long- term, exclusive franchises) YES 310 NO 99 131 38 46 5 487 142 PROPOSITION NO. 3 (2% tax on the re- tail sale of al- cohol) YES NO 154 266 28 26 259 390 77 98 296 PAGE 296 SPECIAL MEETING - OCTOBER 3, 1984 VOLUME 20 PRECINCT NO. 1 PRECINCT NO. 2 ABSENTEE/ QUESTIONED TOTALS TOTAL VOTES CAST TOTAL VOTES COUNTED 434 424 188 176 55/22 37/19 677 656 The Clerk stated that any defeated candidate or any 10 qualified voters could protest the election by filing a written complaint with the City Clerk prior to 5:00 p.m., Monday, October 8, 1984. If no such protest is filed, the City Council, at its regular meeting of October 8, 1984, will certify the election as valid and declare the official results thereof. v. ADJOURNMENT: adjourned at 5:00 p.m. ~~ Donald W. Cripps L Mayor PAGE REGULAR MEETING - OCTOBER 8, 1984 VOLUME 20 I. CALL TO ORDER: The October 8, 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 Swartz 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 Schaefermeyer, Clerk Murphy Garzini, Assistant City Manager City Attorney Arvidson and City IV. APPROVAL OF MINUTES: MEEHAN MOVED TO APPROVE THE SEPTEMBER 24, OCTOBER 1 , AND OCTOBER 3, 1984, MINUTES AS WRITTEN; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Cripps requested the addition of the following item to the agenda: Item "A", SPECIAL ITEMS--Certification of Election. Garzini requested three additions to the Agenda: 1) Item IX(C) (5)--Proposed Resolution No. 84-117, appointing a coordinator for handicap access to City buildings; 2) Item XI(D)--Renewal of the lobbying contract with Dawson; and 3) Item XI (E)--Purchase of electrical construction materials. GILLESPIE MOVED TO APPROVE THE REGULAR MEETING AGENDA AS AMENDED AND THE CONSENT CALENDAR AS PRESENTED; THE MOTION WAS SECONDED BY GILLESPIE AND UNANIMOUSLY CARRIED. The following actions were taken: C.ATTY: 1. August 1984, invoice from HTGP&B for legal services totalling $52,770.64, was approved for payment and filed; ABCB: 2. ABCB notice of application for renewal of liquor license as filed by the Mini Mall was filed without objection; r"Cj~' PAGE 297 REGULAR MEETING - OCTOBER 8, 1984 VOLUME 20 3. October 1,1984, memorandum from Gale relative to FY85 insurance information and filed; and Finance Director Joe costs was noted for 4. Application for Corps of Engineers permit for permanent moorage to park the oil drilling rig "Key Hawaii" in Resurrection Bay as filed by Keydril Company, was noted for information and filed. I SPECIAL ITEMS: A. MEEHAN MOVED TO CERTIFY THE RESULTS OF THE OCTOBER 2, 1984, REGULAR MUNICIPAL ELECTION, AS DETERMINED BY THE CANVASS BOARD, AND TO DECLARE THE RESULTS AS STATED IN THE MINUTES OF THE OCTOBER 3, 1984, CANVASS AS FINAL; THE MOTION WAS SECONDED BY SWARTZ AND CARRIED UNANIMOUSLY. B. Cripps introduced Wayne Blair, Student Council Represen- tative, to the Council and audience and presented Blair with a City pin. ** Cripps presented retiring Councilmember Karen A. Swartz with a plaque in recognition of her six years on the City Council. He then presented Swartz with a retirement gift from the Council--a gold neck- lace in the shape of the State with a diamond designating Seward. Swartz thanked the Council, the Administration and the public for their support during her time in office. ~a. COUNCIL: C. Murphy administered the Oath of Office to newly elected Councilmember Leslie Simutis and re-elected Councilmembers John F. Gillespie and Geoffrey Wilson. Simutis assumed the seat on the dais which had been vacated by Swartz and thereafter participated in the remainder of the meeting. VI. BOROUGH ASSEMBLY REPORT: I Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the last two Assembly meetings in Homer. VII. PUBLIC HEARINGS: eIP /PH: A. Notice of Public Hearing as posted and published by law was noted and the public hearing relative to the FY85 Capital Improve- ments Projects List was opened. BRAD SNOWDEN, 525 Sixth Avenue, requested the addition of water and sewer project to the City's priority list. that this project was slated for the FY86 time frame.) the Dairy Hill (Garzini noted RUTH MCHENRY, 510 First Avenue, asked that the administration include operating and maintenance cost in its CIP list. (Garzini noted that no new employees would be generated by any of the projects on the list and assured McHenry that the O&M costs would be included in future CIP lists.) JEAN CRIPPS, 526 Second Avenue, asked that the Council consider adding the purchase of a new ambulance for the Seward Volunteer Ambulance Corps to the list. I ROBERT HILL, LINDA CORBIN and SANDRA WASILLIE requested the addition of a new Teen Center to the list. Wasillie further asked that the Council consider making improvements and repairs to the existing Boat Harbor before building a new one. (Garzini noted that Harbor improvements costs are borne by the Harbor budget each year.) CHARLES COLLIER, Nash Road, asked that Council support the completion of the proposed 22-acre recreation complex and the construction of a multi-use facility in conjunction with this project. MIKE SELA, Jefferson Street, asked that some thought be given to parti- tioning the Grade School and the addition of a second athletic field. (Garzini noted that the school was a Borough facility.) Parks & l""-. r, r\ ~ ,~: "'-1 ~.....i...J PAGE 298 REGULAR MEETING - OCTOBER 8, 1984 VOLUME 20 Recreation Director John Noble stated that the second athletic field was included in the Master Plan for the sports complex. BRAD SNOWDEN appeared once again and asked that sidewalks be constructed on Fifth Avenue. No one else appeared from the audience in order to be heard and the public hearing was closed. PH!PRISON!MIC: B. Notice of Public Hearing as posted and published by law was noted and the public hearing relative to a proposed easement access across City property in the Fourth of July Creek area for the purpose of providing access to the State Long-Term Correctional Facility Site as requested by the State of Alaska was noted and the public hearing was opened. RUTH MCHENRY, 510 First Avenue, stated she was happy to see that the City had included a clause designating the easement "nonexclusive". BOB VALDATTA, Seward, asked that the City publish a site map in the newspaper showing the location of the proposed prison facility. No one else appeared from the audience in order to be heard and the public hearing was closed. PH/,'lIC: C. Notice of Public Hearing as posted and published by law was noted and the public hearing relative to a proposed easement parallel to the road access to the State Long-Term Correctional Facility Site as requested by Seward Public Utilities was noted and the public hearing was opened; no one appeared to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) A. BILL TOSKEY of Acres/Hanscomb, appeared before Council and discussed possible conflicts of interest resulting from Simutis' employment with A/H. He assured Council that conflicts would arise only when the A/H contract was under discussion. All other communication from the A/H office was authored by Toskey, not Simutis. B. JEAN CRIPPS, representing Seward Volunteer Ambulance Corps (SVAC), asked for Council's support of SVAC's efforts to obtain state grant funds to replace the older Seward ambulance. (Garzini noted that a letter of support would be forthcoming from his office.) RECESS: The meeting was recessed at 8:24 p.m.; reconvened at 8:34 p.m. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: RESO/ELEC/SPEC 1. Copies having been made available to the public, PROJ: Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TO ACQUIRE PROPERTIES BY CONDEMNATION. WILSON MOVED TO APPROVE RESOLUTION NO. 84-109; SECONDED BY HILTON. City Engineer/Utilities Manager Paul Diener explained that the resolu- tion would approve payment to those property owners appearing on List ~. /''' ( \ PAGE 299 REGULAR MEETING - OCTOBER 8, 1984 VOLUME 20 "A" (since agreements for purchase of the easements had been reached with these individuals) and would allow the City to proceed with condem- nation proceedings against those individuals appearing on List "B" if an agreement for sale could not be negotiated. He also asked the Council to amend List "A" by adding JACK BASS, L 13-16, STAFFORD SUBDIVISION, $1800. Wilson and Hilton agreed to the amendment. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. I RESO / ADMIN: 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, ESTAB- LISHING CITY LEASE PROCEDURES. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-114; SECONDED BY HILTON. Murphy explained that when Council approved Resolution No. 84-10, in February, 1984, two amendments were added which, when considered with the other sections of the resolution, were a bit confusing. The purpose of this resolution was to clarify the City lease procedures. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. RESO/PRISON/MIC/ 3. Copies having been made available to the public, ESMTS: Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, GRANTING THE STATE OF ALASKA AN ACCESS EASE- MENT ACROSS CITY PROPERTY FROM NASH ROAD TO THE LONG TERM CORRECTION FACILITY SITE. I HILTON MOVED TO APPROVE RESOLUTION NO. 84-115; THE MOTION WAS SECONDED BY WILSON AND CARRIED UNANIMOUSLY. RESO/MIC/ESMTS: 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, GRANTING A UTILITY EASEMENT TO SEWARD PUBLIC UTILITIES IN THE FOURTH OF JULY CREEK AREA. WILSON MOVED TO APPROVE RESOLUTION NO. 84-116; THE MOTION WAS SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY. FED REV SHRG/C HALL: 5. Copies having been distributed to Council and made available to the public, Cripps noted by title only a proposed resolu- tion entitled: I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING A HANDICAP ACCESS GRIEVANCE PROCEDURE AND APPOINTING A COMPLIANCE COORDINA- TOR FOR THE GENERAL REVENUE SHARING PROGRAM. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-117; SECONDED BY SIMUTIS. Garzini noted that appointment of a coordinator for this program was a federal requirement. He added that Assistant City Manager Schaefermeyer would be the City coordinator. THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. x. UNFINISHED BUSINESS: ~:no PAGE 300 REGULAR MEETING - OCTOBER 8, 1984 VOLUME 20 ORG-AT LARGE: A. GILLESPIE MOVED TO APPOINT HERMAN NELSON AS REPRESENTA- TIVE TO THE COOK INLET AQUACULTURE ASSOCIATION BOARD AND TO APPOINT JOHN WOODRUFF THE ALTERNATE; THE MOTION WAS SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY. (Murphy noted her October 4, 1984, memorandum setting forth the Trade Board's recommendation of these two individuals.) XI. NEW BUSINESS: CON- 117 /TELE: A. MEEHAN MOVED TO APPROVE A JOINT POLE USE AGREEMENT WITH GENERAL TELEPHONE AS PRESENTED BY THE ADMINISTRATION; THE MOTION WAS SECONDED BY HILTON AND UNANIMOUSLY CARRIED. CON- 062 : B. SIMUTIS MOVED TO APPROVE CHANGE ORDER NO. 5 TO THE CROWLEY CONTRACT; THE MOTION WAS SECONDED BY HILTON. Diener stated that the Change Order totalling $18,870.88, contained a number of construction activities necessitated by changed conditions. He recommended its approval. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. PURCHASING: C. GILLESPIE MOVED TO AWARD PURCHASE ORDERS FOR THE PURCHASE OF FIRE DEPARTMENT EQUIPMENT AS OUTLINED IN THE OCTOBER 3, 1984, MEMO- RANDUM FROM FIRE CHIEF JOHN GAGE; THE MOTION WAS SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY. (City Attorney noted that a resolution exempting the City from following standard bid procedures would be needed at the next meeting.) CON- 118/LBYST: D. GILLESPIE MOVED TO RETAIN DAWSON AND ASSOCIATES AS LOBBYIST FOR THE 1985 LEGISLATIVE SESSION, INCREASING THE NOT-TO-EXCEED ENTERTAINMENT EXPENSE ALLOWANCE TO $6,000 AND LEAVING THE LOBBYIST'S FEE AT $72,000; THE MOTION WAS SECONDED BY MEEHAN AND CARRIED UNANIMOUSLY. PURCHAS ING : E. HIL TON MOVED TO APPROVE THE PURCHASE OF MATERIALS FOR THE MERIDIAN AND WOODLAND HILLS SUBDIVISIONS FROM WESTERN STATES, ANIXTER AND DEBENHAM IN A TOTAL AMOUNT NOT TO EXCEED $46,740; THE MOTION WAS SECONDED BY WILLIAMS AND UNANIMOUSLY CARRIED. (Arvidson noted that a resolution exempting the City from standard bid procedures would be needed at the next meeting.) Garzini noted Utility Engineer Anderson's October 8, 1984, memorandum recommending award of the purchase orders for purchase of the electrical construction materials. XII. CITY MANAGER REPORTS: ARR: Garzini asked Council's blessing on a letter he intended to send to the Interstate Commerce Commission objecting to the appointment of Lew Dickenson to the Alaska Railroad Board. Garzini listed possible con- flicts with Dickenson's appointment, especially his involvement both with the Port of Anchorage and Alaska Sand & Gravel. The Council expressed its approval of the proposed letter. Garzini also reminded the Council of the upcoming Prison ground breaking ceremonies scheduled for October 22. XIII. COUNCIL DISCUSSION: MEEHAN asked that the Council be kept informed of all actions leading to condemnation of property for the transmission line. GILLESPIE asked for an explanation of the causes of recent power out- ages. Diener explained that adjustments had been made in the area being cleared for line construction which caused power to be cut if the existing line is hit or touched by a tree. He noted that this was necessary for the safety of those working on the clearing project. He added that the clearing should be completed in 2-3 weeks. SIMUTIS stated that she was impressed with the voter turnout for the October 2, 1984, election and added that she was pleased to be serving on Council at such an exciting time. PAGE 301 REGULAR MEETING - OCTOBER 8, 1984 VOLUME 20 CRIPPS welcomed Simutis to the CounciL He then noted his trip to Anchorage to attend Korean Founders Day celebrations. Cripps also noted a letter he had received from a local physician suggesting that the City fluoridate the local water supply. Garzini stated that Diener would be instructed to gather technical information about fluoridation for presentation to the Council in 30-45 days. XIV. CITIZENS' DISCUSSION: I BRUCE SIEMINSKI, Jesse Lee Heights, asked how the City determined fair market value of Gateway Subdivision. Garzini related the background leading up to the sale of the subdivision. BOB VALDATTA, Seward, commented on the Joint Pole Use agreement with General Telephone. BRAD SNOWDEN, 525 Sixth Avenue, stated that the Railroad was of vital interest to the community and that the City should pursue any means necessary to see that it has representation on the Board. MIKE SELA, Seward, praised Garzini's suggestion that a letter be sent to the Ice relative to the Governor's appointments to the ARR Board. He noted that a copy of the letter should go to the Governor. MARTIN PATTERSON, Mile 20, asked if condemnation of properties in the southern portion of the transmission line proj ect would be pursued. Cripps stated that the northern portion of the line was critical at this time. Where properties in the south were needed, the City would contin- ue to try to acquire easements by whatever legal means were necessary. BOB LEARY, Mile 19,5, Seward, stated that no one from the City had contacted him concerning the power line. Diener stated that an effort had been made to contact everyone affected by the line upgrade. I xv. ADJOURNMENT: The meeting was adjourned at 10:00 p.m. r~. City "Cler \;\ , . t" (City Seal~ ~~7--------~~------------------------------------------------------------ \ "," \". PAGE:BOl /- REGULAR MEETING - OCTOBER 22, 1984 VOLUME 20 "'n "',(;:i~'''' " 3'{ ~vl' ',.~''''..'. C;j~-' .( ~~,fE ('~~ p.\_r-- r"" CALL TO ORDER: .( .1 ~~~ Donald W. Cripps Mayor ( " . ' The October 22, 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 Wilson led the pledge of allegiance to the flag. II 1. ROLL CALL: I Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Meehan, Simutis, Williams and Wilson Present also: City Manager Garzini, City Attorney Arvidson and City Clerk Murphy IV. APPROVAL OF MINUTES: There were no minutes available for approval. v. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: 1)0'") ,- "" PAGE 302 REGULAR MEETING - OCTOBER 22, 1984 VOLUME 20 GILLESPIE MOVED TO MEET IN EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE CLOSE OF THE MEETING IN ORDER TO DISCUSS MATTERS UNDER LITIGATION; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. MEEHAN MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE CONSENT CALENDAR AS PRESENTED; THE MOTION WAS SECONDED BY GILLESPIE AND UNANI- MOUSLY CARRIED. The following actions were taken: FINANCE DEPT: 1. October 5, 1984, Finance Department's list of accounts payable totalling $1,242,409.18, was approved for payment and filed; 2. October 16, 1984, letter from Michael James Robinson, Inter-Agency Council Chairman, regarding the Seward Teen Center, was noted for information and filed; and 3. October 10, 1984, memorandum from Emil Notti, Commission- er of the Department of Community and Regional Affairs, regarding a grant for a fire engine, was noted for information and filed. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the October 9, 1984, Assembly meeting. VII. PUBLIC HEARINGS: BUDGET/PH: was noted FY85 City A. Notice of public hearing as posted and published by and the public hearing relative to a proposed amendment to budget was opened. law the WALTER CHRISTOLEAR, Brown & Hawkins Apartments, Seward, appeared before Council and suggested that when considering future budgets, the City should consider having the Alaska State Troopers take over police functions within the City. No one else appeared in order to be heard and the public hearing was closed. VIII. CITIZENS' DISCUSSION: (With prior notice only) FINANCE: A. SUSAN MAHLUM, Bigler, Kohler and Obendorf representative (City auditors), presented a verbal report of the FY84 City audit. She noted that the management letter which had been presented to Council and made available to the public contained her firm's recommendations for some minor improvements relative to internal control. Mahlum added that the City's overall financial standing was very good. TRADE BOARD: B. ALBERT KAWABE, Seward International Trade and Industry Development Advisory Board Chairman, presented the Board's annual report to the Council. C. TIM POLLARD did not appear as scheduled to discuss the Puffin Broadcasting grant. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: None B. Ordinances for Public Hearing and Enactment: None C. Resolutions: FIRE DEPT /RESO/ 1. Copies having been made available to the public, PUReR: Cripps noted by title only a proposed resolution entitled: I I I /'\ r PAGE 303 REGULAR MEETING - OCTOBER 22, 1984 VOLUME 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING THE PURCHASE OF A FOUR WHEEL DRIVE VEHICLE FOR THE FIRE DEPARTMENT WITHOUT FULL UTILIZATION OF THE BID PROCEDURES SET FORTH IN SECTION 10-8 OF THE CITY CODE. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-118; THE MOTION WAS SECOND- ED BY WILSON AND CARRIED UNANIMOUSLY. RESO/CON-10S: 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 CITY HALL ROOF REPAIR AND ASSOCIATED REPAIRS. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-119; THE MOTION WAS SECOND- ED BY MEEHAN AND CARRIED WITH SIX YES VOTES AND WILLIAMS ABSTAINING. (Williams, a principal in Wells-Built Homes, Inc., the contractor who performed the roof repairs, declared her financial interest in the project and abstained.) FIRE DEPT/RESO/ 3. Copies having been made available to the public, PURCH: Cripps noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZ- ING THE PURCHASE OF FIRE DEPARTMENT EQUIPMENT AND SUPPLIES WITHOUT FULL UTILIZATION OF THE BID PROCEDURES SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-120; THE MOTION WAS SECOND- ED BY HILTON AND CARRIED UNANIMOUSLY. BUDGET/RESO: 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, AMENDING THE 1984-85 FISCAL YEAR BUDGET BY APPROPRIATING FUNDS FROM THE FEDERAL REVENUE SHARING TRUST ACCOUNT. HILTON MOVED TO APPROVE RESOLUTION NO. 84-121; THE MOTION WAS SECONDED BY GILLESPIE AND CARRIED UNANIMOUSLY. PURCH/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 PURCHASE OF ELECTRICAL CONSTRUCTION MATERIALS WITHOUT FULL UTILIZATION OF THE BID PROCEDURES SET FORTH IN SECTION 10-8 OF THE SEWARD CITY CODE. MEEHAN MOVED TO APPROVE RESOLUTION NO. 84-122; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. RADIO/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, AUTHORIZ- ING A GRANT TO PUFFIN PUBLIC nr/ ,)U,* PAGE 304 REGULAR MEETING - OCTOBER 22, 1984 VOLUME 20 BROADCASTING, INC., FOR THE PURPOSE OF PURCHASING AND INSTALLING A TRANSLATOR FOR A PUBLIC RADIO STATION. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-123; THE MOTION WAS SECOND- ED BY HILTON. Garzini explained that Puffin Broadcasting, Inc., was composed of civic minded community residents who had lobbied the legislature for the funds for the public radio station. He added that the corporation would not be looking to the City for operating or maintenance costs. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. RECESS: The meeting was recessed at 8:30 p.m.; reconvened at 8:40 p.m. X. UNFINISHED BUSINESS: SPEC PROJ/ A. HILTON MOVED TO AUTHORIZE THE ADMINISTRATION TO PROCEED ELEC: WITH PAYMENT FOR EASEMENTS FOR CONSTRUCTION OF THE TRANSMISSION LINE; THE MOTION WAS SECONDED BY WILSON. Garzini noted the October 17, 1984, memorandum from E. Paul Diener, Manager of Engineering and Utilities, recommending approval of the purchase of easements from four property owners. Diener asked that the list as presented be amended to include an additional five property owners. (Hilton and Wilson agreed to the amended list.) THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. CIP: B. MEEHAN MOVED TO APPROVE THE ADMINISTRATION'S RECOMMENDED PRIORITIZED CAPITAL IMPROVEMENTS PROJECTS LIST; THE MOTION WAS SECONDED BY HILTON. October 17, 1984, memorandum from Diener outlining the City's priority list was noted. WILLIAMS asked that a new Teen Center building be added to the end of the priority list. WILSON suggested that the Teen Center be incorporated in the design for the Community Center. At GILLESPIE'S request, a new ambulance for SVAC was inserted in place of the fire pumper truck since grant monies have been received for the truck. WILSON asked that the Ferry Dock (#11) and the Nash Road Boat Harbor (#10) be reversed. (Meehan and Hilton agreed to the amendments to the priority list.) THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. XI. NEW BUSINESS: CON-~: A. GILLESPIE MOVED TO APPROVE CHANGE ORDER NO. 1 IN THE AMOUNT OF $2,222, TO THE WELLS-BUILT HOMES, INC., CONTRACT FOR CITY HALL ROOF REPAIR; THE MOTION WAS SECONDED BY WILSON ~D CARRIED WITH SIX YES VOTES AND WILLIAMS ABSTAINING. (Williams declared her financial interest in the project--as a principal of Wells-Built Homes--and abstained.) CON-076: B. SIMUTIS MOVED TO APPROVE CHANGE ORDER NO. 1 IN THE AMOUNT OF $158,000, TO THE TEPA JALISCO CORPORATION CONTRACT; THE MOTION WAS SECONDED BY HILTON. October 17, 1984, memorandum from Diener recommending approval of the change order was noted. Bill Toskey, Acres-Hanscomb, explained that Ebasco's original design documents did not accurately reflect the number of danger trees which could be expected in the area to be cleared for the transmission line. In response to a question from GILLESPIE, Toskey stated that although the original estimate was off a significant amount, the net result was the sam; i.e., if the design documents had been correct, the bids would have come in at a higher amount. WILLIAMS disagreed, stating that a change order price is always higher than a bid price. In response to a further question from GILLESPIE, Toskey stated !""'ir'"r<" PAGE 305 REGULAR MEETING - OCTOBER 22, 1984 VOLUME 20 that he felt comfortable with the electrical design work that had been performed by EBASCO. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. CON-{)84 : C. GILLESPIE MOVED TO APPROVE CHANGE ORDER NO. 1 IN THE - AMOUNT OF $137,000, TO THE SOUTHWEST COMPANY CONTRACT, AND TO EXTEND THE CONTRACT TIME BY 15 DAYS; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. I CON-120: D. MEEHAN MOVED TO AWARD A CONTRACT FOR THE PURCHASE OF A TRANSFORMER IN THE AMOUNT OF $75,000 TO DICK LAROUCHE AND ASSOCIATES; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. PERHITS: E. MEEHAN MOVED TO ALLOW THE TRANSFER OF TAXICAB PERMITS FROM DARBYSHIRE TO DANE RANDOLPH AS OUTLINED IN THE ADMINISTRATION'S MEMORANDUM; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (The October 16, 1984, memorandum recommended that the permits be transferred contingent upon Randolph making application to the City Manager and demonstrating that he has complied with all regulations set forth in Chapter 20 of the City Code.) F. GILLESPIE MOVED TO CANCEL THE NOVEMBER 12, 1984, CITY COUNCIL MEETING AS RECOMMENDED BY THE ADMINISTRATION; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (The referenced memorandum noted that November 12, 1984, was a City holiday--Veteran's Day would be observed.) C.COUNCIL: G. HILTON MOVED TO APPOINT MICHAEL J. MEEHAN VICE MAYOR OF COUNCIL; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY. I SGH/C.COUNCIL: H. CRIPPS MOVED TO APPOINT HIMSELF AS COUNCIL REPRESENTATIVE TO THE SEWARD GENERAL HOSPITAL BOARD; THE MOTION WAS SECONDED BY MEEHAN AND UNANIMOUSLY CARRIED. TRADE BOARD: I. GILLESPIE MOVED TO CONTINUE OPERATION OF THE SEWARD INTERNATIONAL TRADE AND INDUSTRY DEVELOPMENT ADVISORY BOARD THROUGH FY85; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. TRADE BOARD: J. WILSON MOVED TO APPOINT ROBERT F. RICHARDSON TO A FIVE- YEAR TERM ON THE SEWARD INTERNATIONAL TRADE AND INDUSTRY DEVELOPMENT ADVISORY BOARD; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANI- MOUSLY. XII. CITY MANAGER REPORTS: GARZINI noted that he would be calling at least one special meeting in November prior to the November 26, scheduled meeting. XIII. COUNCIL DISCUSSION: SIMUTIS suggested that the Administration develop, guidelines for boat harbor and boardwalk leases. . more definitive HILTON stated that given the amount of money the City pays for profes- sional engineering services, the Council needs to look at what it is getting for that money. Garzini stated that the public sometimes forgets the projects and contracts which present no problems; rather, attention is focused on the problem areas. I MEEHAN stated that his recent trip to Korea with Garzini and Hilton had been fruitful. He added that he now had a much better understanding of shipyards and shipbuilding. He noted that the Seward delegation had met with representatives of Chemical Bank concerning marketing the MIC. WILSON asked that water not be turned off by contractors working in the Gateway Subdivision without giving adequate warning to area residents. CRIPPS noted that he had travelled to Seattle with Murphy to sign the $5 Million General Obligation Bonds for the electrical transmission line. He reminded Council that a work session was scheduled for 10:00 a.m. on ,"Of) PAGE 306 REGULAR MEETING - OCTOBER 22, 1984 VOLUME 20 Tuesday in the conference room at AVTEC to meet with Lt. Governor McAlpine to discuss capital projects funding requests. XIV. CITIZENS' DISCUSSION: JAN TRETTNER, President of Puffin Broadcasting, Inc., thanked the Council for passing Resolution No. 84-123, and thanked Garzini and Schaefermeyer for their time and efforts. KEITH CAMPBELL, President of the Seward Chamber of Commerce, suggested that the City begin monitoring the wind in the area of future dock developments for reference by future engineering firms. WILLARD DUNHAM, Forest Acres, Seward, suggested that the City consider both an access road to the Dump and a flood control study as funding priorities in the near future. WALTER CHRISTOLEAR, Brown & Hawkins Apartments, Seward, suggested that the Teen Center should be ranked No. 1 on the funding priority list. XV. ADJOURNMENT: The meeting was adjourned at 10:25 p.m., and, after a short recess, the Council reconvened in Executive Session to discuss matters under litigation. :-,j . Q __/1 J~ ,..,~ Donald W. Cripps Mayor SPECIAL MEETING - NOVEMBER 1, 1984 VOLUME 20 CALL TO ORDER: The November 1, 1984, special meeting of the Seward City Council was called to order at 12:00 Noon by Mayor Donald W. Cripps. II. OPENING CEREMONY: flag. Councilmember Simutis led the pledge of allegiance to the III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Meehan, Simutis, Williams and Wilson Present also: City Manager Garzini, Assistant City Manager Schaefermeyer, City Attorneys Arvidson and Pfiffner and City CLerk Murphy IV. SPECIAL ITEM: WILSON MOVED TO MEET IN EXECUTIVE SESSION IMMEDIATELY FOLLOWING ADJOURN- MENT OF THE SPECIAL MEETING IN ORDER TO DISCUSS MATTERS UNDER LITIGA- TION; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. V. ADJOURNMENT: The meeting was adjourned at 12:03 p.m.; the Council immedi- ately reconvened in Executive Session to discuss matters under litigation. I I I SPECIAL MEETING - VOLUME 20 NDz:2. I, 198< .d,;c;~ Donald W. Cripps Mayor - NOVEMBER 1, 1984 VOLUME 20 c-- 'CALL TO ORDER: The November 1, 1984, special meeting of the Seward City Council was called to order at 2:00 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Gillespie led the pledge of allegiance to the flag. I II. ROLL CALL: Present were: Vice Mayor Meehan and Councilmembers Gillespie, Hilton, Simutis, Williams and Wilson Present also: City Manager Garzini, Assistant City Manager Schaefermeyer, City Attorneys Arvidson and Pfiffner and City Clerk Murphy IV. SPECIAL ITEM: LITIGATION: A. HILTON MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO cON-~lJ:AN AGREEMENT TO SETTLE THE CHRIS BERG, INC., CLAIM IN THE AMOUNT OF $1,875,000, UNDER THE TERMS PRESENTED BY COUNSEL; THE MOTION WAS SECOND- ED BY WILLIAMS AND CARRIED UNANIMOUSLY. (Under the terms of the settlement, the City would agree to dismiss its counterclaim with prejudice and CBI would agree to assist the City in the Century/Quadra arbitration. ) V. ADJOURNMENT: The meeting was adjourned at 2:02 p.m. (City Seal) -~-----~,~------~~-~----------------------------------------------------- \ PA'GE3P?:; ,~' -; ,,",Y SPECIAL MEETING - NOVEMBER 6, 1984 VOLUME 20 1. CALL TO ORDER: The November 6, 1984, special meeting of the Seward City Council was called to order at 12:00 Noon by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Simutis led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Simutis, Williams and Wilson Present also: City Manager Garzini and City Clerk Murphy r r, if"', .';\ih PAGE 308 SPECIAL MEETING - NOVEMBER 6, 1984 VOLUME 20 IV. SPECIAL ITEMS: 4TH OF JULY/ A. WILSON MOVED TO POST A $991,000 BOND TO SECURE THE RIGHTS LIT. AND TITLE OF THE MIC PROPERTY FORMERLY LEASED BY VECO, INC.; THE MOTION WAS SECONDED BY WILLIAMS. Garzini noted that the City was involved in a lease dispute with VECO, Inc. In order to proceed with the taking of the property by eminent domain, the Courts required the posting of either cash or a bond in the amount of $991,000. He noted that the maximum charge would be 2% of the bond amount annually. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. 4 TH OF JULY B. GILLESPIE MOVED TO AWARD A CONTRACT IN AN AMOUNT NOT TO CON- EXCEED $45,000 FOR MARKETING THE MARINE INDUSTRIAL CENTER TO CHEMICAL 119 BANK; THE MOTION WAS SECONDED BY WILLIAMS. Garzini introduced Henry Kim, Larry Hall and Alan Jackson or Chemical Bank. KIM explained that Phase One of the marketing proj ect would entail the drafting of an information memorandum which could be dis- tributed to prospective lessees. The information memorandum would contain all of the pertinent data necessary for lessees to evaluate the pros and cons of the MIC and to develop a proposal to submit to the City if they were interested in operating the facility. Phase One would also entail the formation of a list of prospective lessees world-wide, using Chemical Bank's contacts and knowledge of the market. The cost of this phase would be $20,000 plus an expense account not-to-exceed $25,000. JACKSON explained that Phase Two would involve the distribution of the information memorandum to all prospective lessees and an intense market- ing effort on the part of Chemical Bank. Cost to the City would be $ 75 , 000 . Phase Three would center around the actual contract negotiations. Cost to the City would be 1% of the total value of the final signed contract. Following discussion and questions from the Council, THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. (The agreed-upon contract covered only Phase One of the marketing project. Phases Two and Three will be presented to Council at a later date.) RESO/FINANcE C. 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 A CONTRACT WITH CHEMICAL BANK FOR MARKETING THE MARINE INDUSTRIAL CENTER. HILTON MOVED TO APPROVE RESOLUTION NO. 84-124; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. V. ADJOURNMENT: The meeting was adjourned at 1:02 p.m. Q~~ Donald W. Cripps Mayor : , " . I I I ATTY. ATTY. AcCTS PAY PAGE 309 REGULAR MEETING - NOVEMBER 26, 1984 VOLUME 20 I. CALL TO ORDER: The November 26, 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 Williams led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Hil- ton, Simutis and Williams (Absent, with Council consent, were Councilmembers Meehan and Wilson) Present also: City Manager Garzini, City Attorney Arvidson and City Clerk Murphy SPECIAL ITEM: Mayor Cripps introduced Junior Councilmember Tony Brown and presented him with a City pin. IV. APPROVAL OF MINUTES: GILLESPIE MOVED TO APPROVE THE OCTOBER 8 & 22, AND THE NOVEMBER 1 & 6, 1984, MINUTES AS WRITTEN; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: GILLESPIE MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE CONSENT CALENDAR AS PRESENTED; THE MOTION WAS SECONDED BY SIMUTIS AND UNANIMOUS- LY CARRIED. The following actions were taken: 1. September 1984, invoice from Hughes, Thorsness, Gantz, Powell and Brundin for legal services totalling $38,009.63, was approved for payment and filed; 2. October 1984, invoice from HTGP&B for legal services totalling $66,674.71, was approved for payment and filed; 3. November 5, 1984, Finance Department's list of accounts payable totalling $1,704,543.73, was approved for payment and filed; RESO/PURCH 4. Resolution purchase of filed; No. 84-125, authorizing the sole source sand for winter ice control was approved and ABCB ABCB TAXICABS PZ WATER 5. A request for "Restaurant Designation" for Niko' s Night Club, allowing the employment of minors on the premises was approved and filed; 6. ABCB notification of application for renewal of liquor license as filed by the Seward Elks Lodge #1773 was filed without objection; 7. A request for first option on the issuance of limousine permits as filed by Beverly Darbyshire was denied; 8. on the local Planning and Zoning was noted for information and filed; Notice of Vacancy Advisory Commission and 9. A report on the proposed flouridation of the City water supply as filed by' Paul Diener, Manager of Engineering and Utilities, was noted for information and filed. A~r .' I PAGE 310 REGULAR MEETING - NOVEMBER 26, 1984 VOLUME 20 GILLESPIE MOVED TO MEET IN EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE CLOSE OF REGULAR BUSINESS IN ORDER TO DISCUSS A PERSONNEL MATTER; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly Representative Jonathan Sewall gave a verbal report of the October 30 and November 13 Assembly meetings. VII. PUBLIC HEARINGS: NONE VIII. CITIZENS' DISCUSSION: (With prior notice only) A. Diener introduced JOHN KUMIN and MARY CAREY of Kumin and Associates, the firm employed by the City to perform the program and siting study for the proposed Senior/Community Center. Kumin noted that he had earlier briefed the Senior Citizens group, adding that all in attendance had been in agreement with the recommendations he was about to make. Kumin stated that he would recommend placing the Center on Tracts 5 & 6, Waterfront Tracts. (Cripps questioned whether this could be done without going to the voters since the electorate had, on October 2, 1984, approved a proposition placing this property in the Greenbelt. Arvidson agreed to research this matter and return to the Council with a legal opinion.) In response to a question from Gillespie, Kumin stated that the Center would be owned by the City and leased to Senior Citi- zens, Inc. The Center's Board of Directors would formulate the budget (which would be approved by the Council) and would be responsible for the actual operation of the facility. Gillespie also noted the need to protect that area from shore erosion if it were chosen for the site of the facility. (See agenda item XI A for action.) B. RUTH MCHENRY, 510 Fourth Avenue, appeared before the Council and recommended several changes in the agenda format and legal advertising. She stated that Council should make it easier for citizens to participate in the meeting. She also distributed several copies of agendas and legal notices published by the Municipality of Anchorage to illustrate what she would like to see in the local newspaper. (See City Clerk's response under "City Manager Reports".) IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for Introduction: B. Ordinances for Public Hearing and Enactment: C. Resolutions: RESO/SHIPLIFT 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, APPROPRI- ATING ADDITIONAL FUNDS FOR THE SEWARD MARINE INDUSTRIAL CENTER SHIPLIFT INSTALLATION. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-126; THE MOTION WAS SECOND- ED BY HILTON AND CARRIED UNANIMOUSLY. (This resolution authorized the transfer of $518,750 from the MIC Claims Contingency Account to the Shiplift II account and $428,000 from the Fund Balance to the Ship lift I account. See Agenda Items XI B & C.) RESO/SHIPLIFT 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, APPROVING A 6-MONTH 0 & M BUDGET FOR THE I I I PAGE 311 REGULAR MEETING - NOVEMBER 26, 1984 VOLUME 2D SHIPLIFT AND APPROPRIATING THE NECESSARY FUNDS. HILTON MOVED TO APPROVE RESOLUTION NO. 84-127; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED UNANIMOUSLY. (Included in Council packets was a memorandum from Diener explaining the need for a $30,000 O&M budget to perform the necessary maintenance to retain certification by Lloyds of London. ) RESO/ELEClcplol 12.l.- 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, AWARDING A CONTRACT FOR GENERATOR FOUNDATIONS WITHOUT FULL UTILIZATION OF THE BID PROCEDURES SET FORTH IN SECTION 10-S OF THE CITY CODE. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-128; THE MOTION WAS SECOND- ED BY HILTON. In response to a question from Gillespie, Diener explained that standard bid procedures had not been followed because of time constraints. He noted that the City had received the design for the foundations only 10 days prior to the meeting. Since the generators were due to be shipped immediately, it was imperative that the foundations be installed as soon as possible. All local contractors who normally deal in concrete and foundations were contacted. The resolution would award the contract to Owens-Judkins, JV, the low bidder. THE QUESTION WAS CALLED AND THE MOTION CARRIED WITH FOUR YES VOTES AND WILLIAMS ABSTAINING. (Williams, a principal in Wells-Built Homes, Inc., had bid on the project.) RESO/ELEC 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 PURCHASE OF POWER CABLE WITHOUT FULL UTILIZATION OF THE BID PROCEDURES SET FORTH IN THE CITY CODE. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-129; THE MOTION WAS SECOND- ED BY SIMUTIS AND CARRIED UNANIMOUSLY. (A memorandum from Diener recommending approval of the resolution authorizing the purchase of the cable from Anixter Communications was included in the Council packets.) X. UNFINISHED BUSINESS: NONE XI. NEW BUSINESS: CON-1l6/ A. GILLESPIE MOVED TO ACCEPT THE RECOMMENDATION OF KUMIN & SENIOR ASSOCIATES AND THE SENIOR CITIZENS FOR THE PROPOSED SITE LOCATION FOR CTR. THE SENIOR CENTER SUBJECT TO A LEGAL OPINION FROM THE CITY ATTORNEY; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (See Agenda Item VIII A.) Gillespie noted that, prior to dedicating Tracts 5 & 6, Waterfront Tracts, to the Center, a public hearing would be held. GILLESPIE MOVED TO ACCEPT THE RECOMMENDATION OF KUMIN AND THE SENIOR CITIZENS RELATIVE TO THE PROGRAM DESIGN AS OUTLINED; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (Kumin presented diagrams showing a design incorporating approximately 11,000 sq.ft. which could be utilized by the Seniors.) RECESS: The meeting was recessed at 8:25 p.m.; reconvened at 8:35 p.m. '1........_ ._.' PAGE 312 REGULAR MEETING - NOVEMBER 26, 1984 VOLUME 20 CON-062 B. SIMUTIS MOVED TO APPROVE CHANGE ORDER NO. 7 IN THE AMOUNT OF $45,000 TO THE CROWLEY CONTRACT; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (A memorandum from Diener recommending ap- proval of this change order was included in the agenda packets.) CON-062 C. GILLESPIE MOVED TO APPROVE CHANGE ORDER NO. 8 IN THE AMOUNT OF $735,646.85 TO THE CROWLEY CONTRACT; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (A memorandum from Diener recommend- ing approval of the change order was included in the agenda packets.) D. SIMUTIS MOVED TO APPROVE THE ACQUISITION OF ADDITIONAL EASEMENTS FOR THE TRANSMISSION LINE AS RECOMMENDED IN THE MEMORANDUM FROM DIENER; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (The memorandum listed 10 lots in Bryson Subdivision, Toklat Subdivision and Old Mill Subdivision owned by Harvey Marshall, John W. McDowell and Alton Stallings for which agreements for purchase had been reached. Toskey stated that another list would be presented at the next meeting.) CON-068 E. HILTON MOVED TO APPROVE CHANGE ORDER NO. 4 IN THE AMOUNT OF $291,995 TO THE EBASCO SERVICES, INC., CONTRACT; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. (A memorandum from Diener recommending approval of the change order to the engineering contract for the transmission line was included in the agenda packets.) CON-091 F. GILLESPIE MOVED TO APPROVE CHANGE ORDER NO. 1 TO THE H. K. PORTER CONTRACT, INCREASING THE CONTRACT BY $3480 AND EXTENDING THE COMPLETION DATE BY 15 DAYS; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (Diener's memorandum recommending approval was included in the agenda packets.) cON-I02 G. SIMUTIS MOVED TO AWARD THE CONTRACT TO POWER CONSTRUCT- ORS, INC., IN THE AMOUNT OF $4,372.290, FOR THE CONSTRUCTION OF THE 115 kV LINE FROM DAVES CREEK TO LAWING; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. Diener noted that the completion date was set for July 1, 1985 and added that severe penalties would be imposed if the project extended beyond that date. EQUIP./ H. HILTON MOVED TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF ELEc $15,947 TO WORTHINGTON FORD FOR THE PURCHASE OF A 1985 TRUCK FOR THE ELECTRIC DEPARTMENT; THE MOTION WAS SECONDED BY SIMUTIS. In response to a question from Cripps, Diener noted that the item was not budgeted, but funds were available. Gillespie asked that the City exercise some control over the way City employees drive City equipment. Diener responded that such control was being exercised and noted that one employee is grounded except in emergency situations. THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. CLIFF ADD. I. HILTON MOVED TO VOTE WITH THE MAJORITY OF THE PRIVATE PROPERTY OWNERS WHO HAVE RESPONDED NEGATIVELY TO THE PETITION FOR AN ASSESSMENT DISTRICT IN THE CLIFF ADDITION; THE MOTION WAS SECONDED BY SIMUTIS. Gillespie noted that, if the assessment district is not approved, the City would still have the Dairy Hill sewer problem. Garzini stated that the property owners were given the opportunity to have an arrangement similar to the one shared by residents of the Jesse Lee Heights Subdivi- sion. Those voting against the assessment district were hoping to get a "free ride" in the form of a State grant. He added that the Department of Environmental Conservation may (at some future time) force the residents into a sewer system. Garzini recommended that the Council vote with the majority of the private property owners in opposition to the assessment district. In response to a question from Hilton, Diener stated that if faulty septic systems in the area become a problem, the City will have the Borough enforce its sanitation laws. Williams stated that she was opposed to the City subsidizing the sewer system since public monies should not be used to increase private property values. THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. I I I ~ -"l --\ PAGE 313 REGULAR MEETING - NOVEMBER 26, 1984 VOLUME 20 PURCHASING J. HILTON MOVED TO AWARD CONTRACTS FOR PETROLEUM PRODUCTS TO THE LOW BIDDERS AS RECOMMENDED; THE MOTION WAS SECONDED BY GILLESPIE AND CARRIED UNANIMOUSLY. (The low bidders were Marathon Fuel for diesel oil, gear lubricant, cleaning solvent, transmission fluids and hydraulic oil; and Unifuel for regular gas, non-leaded gas, chassis lubricant and anti-freeze.) LEASE RE-04S K. GILLESPIE MOVED TO GRANT TO JAMES PRUITT A 90-DAY EXTEN- SION TO COMPLETE CONSTRUCTION OF THE SELF-SERVICE GAS STATION AND CARWASH ON TRACT A, NORTH HARBOR SUBDIVISION, SUBJECT TO MR. PRUITT BEING CURRENT WITH ALL OTHER LEASE CONDITIONS WITH THE CITY; THE MOTION WAS SECONDED BY HILTON. Garzini stated that if Pruitt did not begin operation this Spring, the Administration would recommend termination of the lease. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. XII. CITY MANAGER REPORTS: MURPHY explained that the City was taking steps to make local citizens more aware of the issues before the Council. She stated that she had arranged with the Log to have the agenda published prior to the meeting. She also noted that anyone wishing to address the Council on non-public hearing items could contact her prior to the meeting; the Council at its discretion could allow comments on any agenda item. XIII. COUNCIL DISCUSSION: WILLIAMS asked that the deadline for applying for the vacancy of the Planning Commission be extended so that more people could be made aware of the Commission and its duties and responsibilities. Murphy stated that she would place an ad in the newspaper extending the filing dead- line until Noon, Friday, December 7. WILLIAMS also asked that the City begin enforcing its requirement that snow be removed from City side- walks. Garzini stated that he would have Chief Bencardino follow up on this. HILTON asked when the Council could expect to get Diener's report outlining the City's track record on City project costs; Diener stated that he was still working on it. SIMUTIS asked that the City do something to alleviate the traffic hazard presented by the "truckload sale" at the corner of Third and Van Buren. She also asked about the status of the Small Boat Harbor enhancement Plan. Garzini explained that the Master Plan had been adopted but that the City was not in the financial position to implement the Boardwalk concept at this time. In response to her question about the Salik proposals, Garzini explained that an ordinance implementing his pro- posals would be introduced at the first meeting in January. HILTON asked about the status of the Fire Department Master Plan. Garzini stated that he would get back to the Council with an update. CRIPPS stated that he had attended the AML conference in Anchorage along with Simutis, Garzini, Gale, Peirson and Murphy. He stated that he had also attended a meeting in Fairbanks relative to railbelt electrifica- tion. While there, he had met with Vera Alexander to discuss long range plans for the Institute of Marine Science. XIV. CITIZENS' DISCUSSION: DOLLY DIETER, representing IMS, appeared before Council and invited the Mayor, Council and administration to meet with IMS representative to discuss long range plans for the university. THe meeting was scheduled for December 7, 10:00 a.m. WALTER CHRISTOLEAR, Brown & Hawkins Apartments, asked if the City intended to vacate the present hospital building after a new one was constructed. Cripps explained that it would probably be used to house other agencies such as the public health nurse, SLAC, etc. Christolear also urged Council to do away with all taxicab permits. r _ , ~_.I...: PAGE 314 REGULAR MEETING - NOVEMBER 26, 1984 VOLUME 20 HERMAN LEIRER, Dairy Hill, added his support for the proposed senior center. He warned that the architects should consider the danger of high storm tides in that area and design for those tides. He added that the City museum should be located in the senior center. Leirer stated that some who voted against the Cliff Addition assessment district could not connect with the system should it be installed. He urged the City to take another look at the proposal. Leirer also asked that the City consider dedicating several City-owned lots in the School Reserve to public parks. JUDI ANDRIJANOFF. Fifth & Adams, suggested that the proposed location for the senior center was not ideal. She noted that those planning the facility should respect the water and weather in that location. She also stated that before placing the museum in the senior/community center, the City should determine whether or not it wishes to attract visitors to the center. XV. ADJOURNMENT: The meeting was adjourned at 9:50 p.m., and, following a short recess, the Council reconvened in executive session to discuss a person- nel matter. QJ4)~ Donald W. Cripps Mayor ---------------------------------------------------------------- REGULAR MEETING - DECEMBER 10, 1984 VOLUME 20 CALL TO ORDER: The December 10, 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 Meehan led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Cripps and Councilmembers Gillespie, Mee- han, Simutis, Williams and Wilson (Councilmem- ber Hilton arrived at 7:50 p.m.) Present also: City Manager Garzini, City Attorney Arvidson and City Clerk Murphy SPECIAL ITEMS: A. Cripps introduced Casey Moo, Junior Council representa- tive from Seward High School, and presented him with a City pin. B. Cripps introduced Tae II Kim, President of Suneel Corpo- ration, and proclaimed him an Honorary Citizen of Seward. Kim was presented a framed plaque containing the original proclamation. C. Arvidson introduced four members government class who were visiting from Anchorage. and presented them City pins. of his high school Cripps welcomed them IV. APPROVAL OF MINUTES: GILLESPIE MOVED TO APPROVE THE 11/26/84 MINUTES AS WRITTEN; THE MOTION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMOUSLY. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: I I I PAGE 315 REGULAR MEETING - DECEMBER 10, 1984 VOLUME 20 Garzini requested the following additions to the regular meeting agenda, Section XII, New Business: G. Change Order No.1, Tepa Jalisco contract for clearing the transmission line right-of-way; H. Change Order No.1, Western States Electric Contract for 115 kv insulators; I. Change Order No.2, Southwest Co. contract for clearing the transmission line right-of-way; J. Rebid of contract for construction of the Lawing sub- station; and K. Change Order No.1, Acres/Hanscomb contract for construction management. Garzini also requested that Council accept a substitute resolution for proposed Resolution No. 84-130 (Consent Calendar Item No.1). GILLESPIE MOVED TO APPROVE THE REGULAR MEETING AGENDA AND THE CONSENT CALENDAR AS AMENDED; THE MOTION WAS SECONDED BY WILSON AND CARRIED UNANIMOUSLY. The following actions were taken: RESO/SPEC PROJ/ ELEC DEPT: 1. Resolution No. 84-130, accepting the donation of 15 lots for the transmission line right-of-way in lieu of condem- nation, was approved and filed; 2. ABCB applications for renewal of liquor licenses 'as filed by Pizza Apollo Restaurant, Seward Trading Company Liquor Store, Yukon Liquor Store, and Yukon Canoe, Inc., were filed without objection; and ABCB: ABCB: 3. ABCB application for renewal of a liquor license as filed by the Wheelhouse was contested until all taxes are current. VI. BOROUGH ASSEMBLY REPORT: Kenai Peninsula Borough Assembly representative Jonathan Sewall was not present. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: (With prior notice only) A. WALTER CHRISTOLEAR, Apartment 6, Brown & Hawkins Apart- ments, Seward, appeared before Council and asked that the City eliminate restrictions on the issuance of taxicab permits. 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 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CHAPTER 3 OF THE SEWARD CITY CODE BY PROHIBITING OPEN CONTAINERS IN VEHICLES. WILSON MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 529; THE MOTION WAS SECONDED BY MEEHAN. The Council requested that the word "can" be replaced with the word "container" so that the definition of open container would cover all types of containers. There was no objection from the maker of the motion or the second. THE QUESTION WAS CALLED AND THE MOTION CARRIED UNANIMOUSLY. Public hearing was scheduled for January 14, 1985. r - ~ It '.,_:_ { \1 PAGE 316 REGULAR MEETING - DECEMBER 10, 1984 VOLUME 20 2. 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, REPEALING AND RE-ENACTING CHAPTER 20 OF THE SEWARD CITY CODE RELATIVE TO TAXICABS AND OTHER VEHICLES FOR HIRE. SIMUTIS MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 530; THE MOTION WAS SECONDED BY GILLESPIE. In response to a question from Meehan relative to the ad- visability of deregulating the permitting process, Garzini suggested that Council instruct Arvidson to prepare a legal position on the issue of regulation/deregulation as it relates to restraint of trade, etc. FOLLOWING FURTHER DISCUSSION, THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. Public hearing was scheduled for January 14, 1985. B. Ordinances for Public Hearing and Enactment: C. Resolutions: CON-123 1. 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, AUTHORIZ- ING AGREEMENTS FOR SHIPPING PREVIOUS- LY PURCHASED GENERATORS WITHOUT FULL UTILIZATION OF THE BID PROCEDURES SET FORTH IN THE CITY CODE. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-131; THE MOTION WAS SECONDED BY WILSON. December 5, 1984, memorandum from Paul Diener, Manager of Engineering and Utilities, was noted. Diener explained that the bid award to Morrison Knudsen for the supply of two 2500 KW diesel generator sets allowed for the machines and accessories F.O.B. Seattle. After investigating several alternative means of transporting the generators to Seward and then to the substation, Diener recommended that contracts be awarded to Span Alaska Consolidators (NTE $30,000) for shipment to Seward and to Construction and Rigging (NTE $20,000) for transportation to the Seward substation. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. SBH/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 A CONSTRUCTION AND MOORAGE AGREEMENT WITH KENAI FJORDS TOURS, INC. MEEHAN MOVED TO APPROVE RESOLUTION NO. 84-132; THE MOTION WAS SECONDED BY SIMUTIS. Foster Singleton, Harbormaster, explained that Kenai Fjords Tours, Inc., had agreed to finance the construction of a 51-foot exten- sion to "G" Dock in exchange for preferential use of the east side of the dock. Also, their initial cost of building the dock would become a credit balance towards their yearly slip fee for a 65' vessel. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. I I I ".~ PAGE 317 REGULAR MEETING - DECEMBER 10, 1984 VOLUME 20 SBH/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, AWARDING A CONTRACT TO UNDERWATER CONSTRUCTION FOR THE PURCHASE AND INSTALLATION OF PILINGS IN THE SMALL BOAT HARBOR WITHOUT FULL UTILIZATION OF THE BID PROCEDURES SET FORTH IN SECTION 10-8 OF THE CITY CODE. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-133; THE MOTION WAS SECONDED BY SIMUTIS AND UNANIMOUSLY CARRIED. RESO/CON-1l4/ COMP Cripps PLAN: 4. 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 THE ISSUANCE OF A PURCHASE ORDER TO CCC ARCHITECTS AND PLANNERS FOR CITY MAPPING AND AERIAL MOSAIC PRODUCTION SERVICES. GILLESPIE MOVED TO APPROVE RESOLUTION NO. 84-134; THE MOTION WAS SECONDED BY SIMUTIS. December 6, 1984, memorandum from Administrative Assistant Kerry Martin recommending approval of the resolution was noted. Martin stated that the mapping was an essential part in the completion of the Comprehensive Plan Update. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. X. UNFINISHED BUSINESS: None XL NEW BUSINESS: CON-1l6/TEEN CNTR: AMOUNT WILSON. A. MEEHAN MOVED TO AUTHORIZE CHANGE ORDER NO. 1 IN THE OF $8400 TO THE KUMIN CONTRACT; THE MOTION WAS SECONDED BY November 29, 1984, memorandum from Diener recommended approval of of this change order which would allow Kumin to perform a study on the siting and program for a new teen center. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. CON-08S/ B. SIMUTIS MOVED TO APPROVE CHANGE ORDER NO. 1 IN THE AMOUNT SPEC OF $28,084.84 TO THE R&M CONTRACT FOR TRANSMISSION LINE SURVEY; THE PROJ: MOTION WAS SECONDED BY HILTON. Bill Toskey, Acres/Hanscomb, recommended approval of the change order necessitated by the need to flag additional danger trees. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. CON-D86/ C. GILLESPIE MOVED TO APPROVE CHANGE ORDER NO. 3 IN THE SPEC AMOUNT OF $ 72 ,180 TO THE DANE'S GENERAL CONTRACTING CONTRACT FOR DAIRY PROJ: HILL UTILITY EXPANSION; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. (The change order was necessitated by adjustments to unit quantities.) CLAIMS: D. WILSON MOVED TO APPROVE THE CLAIM FOR RELIEF FROM UTILITY BILLS AS FILED BY BENTON GROOM; THE MOTION WAS SECONDED BY HILTON. Diener noted that Groom had filed his claim for relief at his suggestion. Groom had complained about what he considered to be an ~,.' - /", 'J. _.,~ PAGE 318 REGULAR MEETING - DECEMBER 10, 1984 VOLUME 20 excessive electrical bill for the month of February 1984. (His average monthly utility bill was $160-$180/month; his February 1984 bill was $560.) A meter check revealed that the meter was functioning correctly. Therefore, the Utility Department had denied Groom's request for relief and had instructed him that his only recourse if he wished to pursue the matter lay in filing a claim with the Council. Groom, testifying on his own behalf, stated that his shop had not been used during the period contested; therefore, fault must lie with the City. THE QUESTION WAS CALLED AND THE MOTION FAILED WITH 7 "NO" VOTES. Council instructed the administration to dismiss all past due charges which had been levied against Groom. P&Z: E. Murphy noted that she had received applications from Walter Christolear, Larry Johnson and Christine Werner to fill the vacancy on the Planning and Zoning Commission. The Council appointed Werner by secret ballot. Werner's commission is to expire February 1986. F. DECEMBER 24, UNANIMOUSLY. MEEHAN MOVED TO CANCEL THE REGULAR MEETING SCHEDULED FOR 1984; THE MOTION WAS SECONDED BY WILLIAMS AND CARRIED RECESS: The meeting was recessed at 8:30 p.m.; reconvened at 8:40 p.m. CON- 076/ G. GILLESPIE MOVED TO APPROVE CHANGE ORDER NO. 1 IN THE SPEC AMOUNT OF $168,000 TO THE TEPA JALISCO CONTRACT FOR CLEARING OF THE PROJ: NORTHERN SECTION OF THE TRANSMISSION LINE RIGHT-OF-WAY; THE MOTION WAS SECONDED BY HILTON. Toskey noted that this was a "substitute" change order. The previously approved change order ($10,000 less than this one) had not been signed by T/J. Toskey recommended approval. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. CON-v98/ H. MEEHAN MOVED TO APPROVE CHANGE ORDER NO. 1 IN THE AMOUNT SPEC OF $7,852.85 TO THE WESTERN STATES ELECTRIC CONTRACT FOR 115kV INSULA- PROJ: TORS FOR THE TRANSMISSION LINE; THE MOTION WAS SECONDED BY SIMUTIS. Toskey explained that changes in the number and types of insulators had been necessitated by the relocation of the the Lawing substation. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. CON-084/ I. SIMUTIS MOVED TO APPROVE CHANGE ORDER NO. 2 IN THE AMOUNT SPEC---OF $4,600 TO THE SOUTHWEST COMPANY CONTRACT FOR CLEARING OF THE SOUTHERN PROJ: PORTION OF THE TRANSMISSION LINE RIGHT-OF-WAY; THE MOTION WAS SECONDED BY HILTON AND CARRIED UNANIMOUSLY. SPEC PROJ: J. GILLESPIE MOVED THAT THE COUNCIL FIND IT TO BE IN THE PUBLIC INTEREST TO REBID THE CONSTRUCTION OF THE LAWING SUBSTATION; THE MOTION WAS SECONDED BY HILTON. Toskey recommended rebidding the project, stating that the change in the location of the substation was a significant change in the scope of the project. THE QUESTION WAS CALLED AND THE MOTION PASSED UNANIMOUSLY. CON-OSO: K. WILSON MOVED TO EXTEND THE ACRES/HANSCOMB CONTRACT IN THE ---AMOUNT OF $463,071.57; THE MOTION WAS SECONDED BY CRIPPS. Diener recommended approval of the contract which would increase the contract amount and would extend the time of the contract through July 31, 1985, stating that the change order would allow the City to "catch up" with areas of overrun and would allow A/H to oversee the transmission line project. I I I PAGE 319 REGULAR MEETING - DECEMBER 10, 1984 VOLUME 20 THE QUESTION WAS CALLED AND THE MOTION PASSED WITH FIVE "YES" VOTES AND GILLESPIE AND SIMUTIS ABSTAINING. NOTE: Gillespie, the owner of the office leased by A/H, and Simutis, an employee of A/H, declared their respective conflicts and abstained from voting. XII. CITY MANAGER REPORTS: Garzini stated that the Electric Committee had met on Friday and would continue to meet once a month for updates on the transmission line proj ect. Arvidson stated that his firm had researched the question of building a Senior/Community Center on Tracts 5 & 6, Waterfront Tracts. (On October 2, 1984, the voters had approved Proposition No. 1 which had placed this parcel of land in the area designated the "Seward Greenbelt". Council had asked if this would prohibit the construction of a publicly owned facility on the property.) Arvidson went on to say that determining the definition of "Greenbelt" had been difficult, but his research indicated that there would be no problem with placing the Center on this property. XII 1. COUNCIL DISCUSSION: SIMUTIS asked that the administration refrain from passing out agenda addition materials on such short notice. WILSON stated that the planned Senior/Community Center must meet the needs of a greater segment of the community. Garzini stated that he would arrange for a Council worksession to discuss the Center. WILSON Park. Garzini underway. asked about the status of the proposed Second lake stated that discussions with the University were WILSON again asked that the administration develop some minimum standards for landscaping around new home construction sites. WILLIAMS agreed that the Council needs to discuss Senior Center programs. She also asked about the status of new downtown trash receptacles (Diener said they would be in place this Spring) and the enforcement of the ordinance requiring residents to remove snow and ice from sidewalks adjacent to their property. CRIPPS reported that he had attended a Hospital Board meeting. The Board had reorganized and had elected Dennis Scholl president. The biggest item now under discussion was the PERS system. CRIPPS also stated that the City's Emergency Preparedness Plan was in need of updating. XIV. CITIZENS' DISCUSSION: BOB VALDATTA, Seward, appeared before Council and stated that the City should be represented at the ARR transfer ceremonies. He also asked Council to investigate the possibility of establishing a port authority in Seward. April Tuthill, a representative of the Senior Community Center Advisory Committee. stated that the Committee had received input from many segments of the community. She stated that Day Care had been eliminated from the plans because of the added expense. WALTER CHRISTOLEAR, Seward, spoke in opposition to the pro- posed taxicab ordinance, stating that it was "a mistake to place every- one in the same bucket". RHONDA DELBIANCO, Manager of the Pit Bar, stated that Christo- lear was providing a valuable service to Seward with his DADD program which provides transportation for bar patrons. PAGE 320 REGULAR MEETING - DECEMBER 10, 1984 VOLUME 20 XV. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. .J."fffJJP~?' ..}~ '.{a.,S~ City Cle,' . ..~ . (CitYSeal;'~ ~,,, " ~. ~~~-;~on..,:'-.. ~Jl -------~~~~~~~ -~~~~~~~- =-~~~;~~~ -;~-~~~~ - - - -------~;~;~~ - ;;- .~ '., . - ' ~J'I-4;l: c,'" f\:!h~ecia1 meeting to consider a resolution approving the issuance ~d-srt~~ of City of Seward Industrial Development Bonds not to exceed $10 Million for Seaway Express Corporation, was cancelled. The resolution and Bond were not yet ready for consideration. .s-f.' g~~ " Mayor " .,,0} "~I I ,,\,' L'"\ .<' D \'t-~ ,,"'\. ~~..~"1 1>. ~ . . "-:' ,;,,' City"r;;I~ '.';j ",., 'I". ~ :""':,.' ~ ? .: '~" (ci ty Se~l.) b ~\ .... . '"~---- ---,~- - if----- - --- ------ --- ----------- -------- - ----- -- - - -- - - ---------- :s\ ", ~" _ ,. /~ ~ V',>-'. :~"t; 1. '. .;..~''ir'' ~2:1rr.- 'O"F" ,..;...~),"{.'? "'<0-/:: ".c.' "'0?J:rrr"~': ' PAGE 320 SPECIAL MEETING - JANUARY 7, 1985 VOLUME 20 I. CALL TO ORDER: The special meeting of January 7, 1985, of the Seward City Council was called to order at 12:12 p.m. by Mayor Donald W. Cripps. II. OPENING CEREMONY: Councilmember Williams led the pledge of allegi:ance to the flag. '.': III. ROLL CALL: Present were: Mayor Cripps Simutis, and Gillespie, Meehan Council consent) and Councilmembers Hilton, Williams (Councilmembers and Wilson were absent with Present also: City Manager Garzini, Deputy City Manager Sch- aefermeyer and Deputy City Clerk Audette IV. RESOLUTIONS: RESO/SPEC PROJ/ A. Copies having been made available to the public, Cripps CON-086:noted by title only a proposed resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING FUNDS FROM THE GENERAL FUND-FUND BALANCE TO THE DAIRY HILL UTILITY EXPANSION PROJECT.