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HomeMy WebLinkAbout2002 City Council MinutesCity of Seward, Alaska January 14, 2002 Call to order City Council Minutes Volume 35, Page 562 The January 14, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Chapman led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson David Brossow Michael Calhoon Stu Clark Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Absent None. Special orders, presentations, and reports Proclamations and Awards. None. Borough Assembly Report. Assembly Member Ron Long updated the Council on recent Kenai Peninsula Borough Assembly activities. Long explained that starting July 31 the Borough Planning Commission would consist of a thirteen member commission, up from an eleven member commission. Each of the five Kenai Peninsula Borough cities would maintain a seat on the commission. City Manager's Report. City Manager Scott Janke informed the Council on the following activities: Alaska. -On January 18 the City would be recognized as the first Tsunami Ready Community in City Council Minutes City of Seward, Alaska Volume 35, Page 6 3 January 14, 2002 -On March 5-6 the City would participate in the First Annual Business of Seafood Conference. The conference was scheduled to be held in Anchorage. The City had reserved a booth and local seafood companies would be given an opportunity to utilize the City's booth space. -The Army Recreation Camp was now agreeing to pay the passenger fee, and was willing to pay the amount that was in arrears for 2001. -The Shannon & Wilson survey of the quarry was complete and it revealed there were about 2.5 million yards of material still available to quarry. The City may now wish to allow a private company to manage the quarry for commercial use. -Janke met with Jeff Staser, Federal Co -Chair of the Denali Commission, and discussed opportunities for grant monies for Seward care health facilities. -Janke will attend an upcoming Alaska SeaLife Center Board meeting in Anchorage, were the Board anticipated adopting its yearly budget. -The City was scheduling interviews with applicants for the Manager of Engineering and Construction position. -Janke will travel to Juneau next week to discuss health issues, shellfish hatchery issues, and other issues that the City Lobbyists might recommend. -Finance Director Kristin Erchinger, Administrative Services Director Rick Gifford, and Janke met with the Providence Hospital Administrator to discuss proposed amendments to the City's contract with Providence. The discussions were characterized as positive. City Attorney's Report. Brad Meyen reported that the law firm worked on planning and zoning matters, contracts related to the Lowell Tunnel Re -construction Project, harbor float installation issues, and reviewed code provisions, including amendments to the City's sales tax. Other Reports, Announcements, and Presentations. Seward Polar Bear Jumpoff Festival Connie Kullander introduced Polar Bears Pamela and Penelope. Connie stated all jumping slots were filled, with 80 people jumping this year. Connie then listed the various festival activities this year and encouraged everyone to participate. Calhoon discussed his offer to cut his hair, which was currently in a long pony tail, as part of this year's fundraising activities. Kenai Peninsula Borough Economic Development District Applicants (EDD): Blaine Bardarson,1308 Chamberlain, stated that he desired an opportunity to represent the Community on the Kenai Peninsula Borough Economic Development District Board. As a thirty City of Seward, Alaska City Council Minutes January 14, 2002 Volume 35, Page 564 year resident of Seward, with fifteen plus years business experience, he stated he was well suited for the position. Beth Berrien -Clark, 227 4th Avenue, stated she moved to Seward in June 1999, was involved in the tourism business, and had worked with Jim Carter, current Economic Development District Executive Director when she opened her Downtown Seward business, Del Sol of Seward. Berrien -Clark stated she was familiar with the EDD programs, and was surprised there was so little information in the Seward area about their programs and would endeavor to bring that information to Seward. Port and Commerce Advisory Board Annual Update by Board Vice -Chair Doug Lechner. Doug Lechner, 2000 Phoenix Road, Port and Commerce Advisory Board Vice -Chair, reviewed the activities that the Port and Commerce Advisory Board participated in over the last year. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Terry Doane, 437 Second Avenue, and Michelle Dieckgraeff, 222 North Star Circle, juniors at Seward High School, stated they were chosen to participate in the Presidential Classroom Program. As far as they could tell they were the first students from Seward High School given the opportunity to attend this program. Doane and Dieckgraeff requested contributions from the Council and the Community to help with costs to attend the program from February 2-9. Approval of agenda and consent agenda. Motion (Clark/Brossow) Approve the agenda and consent agenda Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 2002-001, authorizing the City Manager to enter into a special services contract, at a cost not to exceed $20,000, with Dryden & Larue to perform design services related to the AKDOT/PF Seward highway 0-8 project, specifically the relocation of City of Seward electrical services in the vicinity of Stoney Creek Avenue. Resolution 2002-005, authorizing the City Manager to enter into an agreement with Sandra Wassilie as the Seward Centennial Events Coordinator. Resolution 2002-007, supporting the concept of the Fort Raymond Satellite Fire Station, and authorizing the City Administration to pursue funding. August 13, 20, 27, September 10, 24, 27, October 8, 15 and 22 minutes. City Council Minutes City of Seward, Alaska Volume 35, Page 6 5 January 14, 2002 Continuation of the Port and Commerce Advisory Board through January 31, 2003. Non -objection to liquor license renewals for Elks, Gateway Liquor Store, Marina Restaurant, Oriental Garden Restaurant, and Railway Cantina. Public hearings Resolution 2002-0039 adopting the Seward Municipal Small Boat Harbor Rules and Operations. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. City Clerk Patrick Reilly noted that the Council received a letter from Jerry George that was written on behalf of the Seward Boat Owners Association. No one else appeared to address the Council and the public hearing was closed. Motion (Brossow/Clark) Approve Resolution 2002-003. Harbormaster James Beckham explained that the City Code stated that the Harbormaster was mandated by the City Code to adopt rules and regulations. This had not been done previously so Beckham began the process in 1998, and since early 1999 the Port and Commerce Advisory Board had been working on adopting rules and regulations. Shafer, speaking as the Council's Port and Commerce Advisory Board liaison, stated there was lots of time and hard work put into these rules and commended the Board. In response to a question from Clark, Beckham stated that the draft rules had been available since July/August 2001. In response to a question from Orr, Beckham affirmed that the Port and Commerce Advisory Board recommended these rules for approval Orr addressed a concern about the wording relating to the use of bikes on the docks. Amendment (Clark/Branson) Amendment approved. In the section title "Bicycles, Motorcycles, Rollerblades, Skateboards" be amended by deleting the word "use" and inserting "operation" and by deleting the words "so forth" and inserting "the like." Unanimous. City of Seward, Alaska City Council Minutes January 14, 2002 Volume 35, Page5 6 6 In response to a question from Calhoon, Beckham explained the notification process the City followed when attempting to contact those on the city harbor boat slip wait list. Meyen explained that the burden was on those who were on the wait list to notify the City with any address changes necessary for the City to maintain contact with them. Motion passed. Unanimous. Unfinished business New business Ordinance for Introduction Ordinance 2002-01, revising Seward City Code Section 3.60.025(A)(3), to allow for per diem (meal allowance) for travel on Official City Business. Finance Director Kristin Erchinger explained that approval of this code amendment would allow the City to reimburse city employees for meal expenses while on official city business at the Internal Revenue Service approved per diem rate as opposed to the current method of submitting receipts for direct meal costs. Janke stated that he was surprised that the City of Seward followed the current approach of allowing for the reimbursement of reasonable meal expenses because what is reasonable can be hard to define. This code amendment would eliminate the need for the City to subjectively decide whether or not an expense should be reimbursed and this amendment would also eliminate some paperwork in the finance department. Motion (Clark/Calhoon) Introduce Ordinance 2002-01 and set a Public Hearing for January 28, 2002. Motion passed. Unanimous. Resolution 2002-002, authorizing the City Manager to enter into an agreement with Tryck Nyman Hayes Incorporated (TNH) for assessing the harbor department's used oil collection program for an amount not to exceed $13,748. Motion (Brossow/Shafer) Approve Resolution 2002-002 Janke explained that under the City Code there was no requirement to do a request for proposal for professional services agreement, and in addition in this particular case the amount over $10,000 was minimal. Beckham explained that the City used oil collection and recycling process handled 30-40,000 gallons of used oil each year. Approval of this resolution would allow an assessment of the harbor City Council Minutes City of Seward, Alaska Volume 35, Page 6 7 January 14, 2002 department's current used oil collection program and recommend any changes in the harbor's current practices. Clark stated that any manager would think it proper to keep up with regulations. He felt that this should already be correctly monitored by current management procedures. Janke responded that environmental compliance regulations were complex and the liability associated with non-compliance great, therefore, it was often of value to have a third party review the City's practices. Orr recommended that the City develop a plan internally and continue to invite the regulatory agencies to review our practices on a regular basis. Orr stated that the best way for the City to stay out of liability was to follow the best practices within the industry. Motion passed. Yes: Blatchford, Branson, Brossow, Calhoon, Shafer No: Clark, Orr Resolution 2002-0049 authorizing the City Manager to enter into an agreement with Transpac Marinas, Incorporated for the purchase of 100 safety ladders for an amount not to exceed $189800. Motion (Brossow/Clark). Approve Resolution 2002-004. Beckham described the City search for the new ladders. The ladder that the City was now recommending was on display at the back of the Council Chambers. Beckham stated that the City always anticipated purchasing ladders for the portion of the harbor that was upgraded last summer, but it was not in the original construction project budget. Beckham then described the attributes of the recommended ladders. In response to a question from Shafer, Beckham stated that it was the City's intent to paint the ladders yellow, and attach reflective tape, to increase the ladder's visibility. Motion approved. Unanimous. Resolution 2002-0069 supporting and urging approval of a $500,000 Federal Funding request for the City of Kenai to fully equip and implement the Emergency Operations Center located in Kenai. Motion (Shafer/Clark) Approve Resolution 2002-006. Shafer recommended postponement of Resolution 2002-006 in order to address some of the issues raised by Kenai Peninsula Borough Assembly Member Ron Long. City of Seward, Alaska City Council Minutes January 14, 2002 Volume 35, Page 5 6 8 Janke explained that he too had some concerns, particularly if approval of the Kenai project would mean less federal dollars for Seward projects. Amendment (Shafer/Clark) Amendment Passed. Postpone Resolution 2002-006. Unanimous. Resolution 2002-008, authorizing the City Manager to enter into an agreement with Hertz Rent A Car to purchase a used 2000 Ford Econoline E350 super duty extended 15 passenger van for $179500. Motion (Clark/Brossow) Approve Resolution 2002-008. Public Works Director W.C. Casey explained that the 15 passenger van, which had 28,000 miles, was in excellent shape and was replacing a 1984 Ford Van. Orr spoke approvingly of buying a quality used vehicles. Motion approved. Unanimous. Resolution 2002-009, authorizing the City Manger to enter into Amendment No.l to the Lease and Operating Agreement between the City of Seward and the Sisters of Providence in Washington d/b/a Providence Alaska Medical Center by amending the termination notice from 24 months to 12 months and providing for operation losses above $600,000 to be reimbursed by the City. Motion (Clark/Branson) Approve Resolution 2002-009. Shafer declared a conflict of interest, stating that as a Providence Hospital Employee she had a direct financial conflict of interest. Janke stated that it was his recommendation in order to schedule a work session with council to share what the Administration had learned through recent meetings with Providence. The Council then scheduled a work session to discuss Resolution 2002-009 at noon on January 29. Orr stated that he received more phone calls on this issue than any other since he had been on the City Council and encouraged public hearings. Amendment (Clark/Brossow) Postpone Resolution 2002-009 to February 25. Amendment Passed. Yes: Blatchford, Branson, Brossow, Calhoon, Clark, Orr No: None City of Seward, Alaska City Council Minutes January 14, 2002 Volume 35, Page 6 9 Abstain: Shafer Other New Business Items Kenai Peninsula Borough Economic District Public Appointment Blatchford appointed, and the Council confirmed, Blaine Bardarson to the City's at -large seat and Vanta Shafer to the City's Elected Official/Employee seat on the Kenai Peninsula Borough Economic Development District Board of Directors. Both seats had terms that expired in January 2004. Scheduling Juneau Legislative Reception for February 20, 2002. Janke explained that on the advice of City Lobbyist Kent Dawson February 20 was scheduled for the City's reception in Juneau. Janke anticipated inviting the Alaska Vocational Technical Center, Qutekcak Shellfish Hatchery, Providence Hospital and other Seward health-care providers to join the City Council and Administration at this reception. In response to a suggestion from Orr that the reception should also focus on developing Seward's Shipyard, Janke stated that he would be addressing advocating the needs of Seward's Shipyard next week when he traveled to Juneau. Informational items and reports Federal Lobbyist December 19, 2001 Report Seward Alice Pickett Memorial Animal Shelter December 2001 Report Settlement of State of Alaska and Ketchikan Shipyard Ferry repair claims. Council comments Citizens' comments Brossow encouraged everyone to support this year's Polar Bear Jump-off events. Shafer stated she missed having Council Meetings for the month the Council had off. Clark also encouraged everyone to have a great 17 annual Polar Bear Jump-off. Calhoon also encouraged everyone to support the Polar Bear Jump-off. Calhoon also asked drivers to be considerate of pedestrians by slowing down when they were driving through the rain and sloppy weather. City of Seward, Alaska City Council Minutes January 14, 2002 Volume 35, Page 7 0 Branson suggested that one of the ladders be place where polar bear jumpers could use it and the City could then see how well it worked. Branson congratulated Dieckgraeff and Doane on their appointments to the Presidential Classroom. Blatchford hoped everyone would have a great weekend, congratulated Sandy Wassi lie as the new Centennial Coordinator, and thanked Kenai Mayor Williams for his comments at the Spirit of Seward Centennial Committee meeting last Thursday. Council and administration response to citizens' comments Adjournment The meeting was adjourned at 9:55 p.m. atrick Reilly City Clerk (City Seal) -y d Y • • V m • • i �y • • 4 '�4,+11$ u00,V*'�o Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes January 28, 2002 Volume 35, Page571 Call to order The January 28, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Chapman led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson David Brossow Michael Calhoon Stu Clark Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Patrick Reilly, City Clerk Christy Terry, Assistant City Clerk Absent Nathan Orr Special orders, presentations and reports Seward Teen Youth Councils: Teen Council, Junior Council & Youth Council: The Teen Council, Junior Council, and Youth Council presented the City Council with tee shirts and the City Council presented the TYC Councils with City of Seward pins. The following TYC Council Members were in attendance: Dane Melvin, Adam Wilkie, Chris Monier, Kylee Adelmann, Tyler Armstrong, Cody Kelsoe, Bridget Burks, Caleb Adelmann, Pattie Reimer, Michelle Buchanan, Julie Broughton, Tyler Haddow, Lee Yoo, Jennifer Glover, McKenna Larson, and Jennifer Anthony. Borough Assembly Report. None. City Manager's Report. City Manager Scott Janke, noted that this week there was a International Education Program called the Jason Project at the SeaLife Center. He reminded the Council they had been invited to a luncheon for the program on Saturday February 2. Janke outlined for the Council the topics he covered in Juneau with the legislators. These topics included: healthcare, Spring Creek expansion, Marine Highway, Jesse Lee Home, and the City of Seward, Alaska City Council Minutes January 28, 2002 Volume 35, Page572 QNT Shellfish Hatchery. Janke hoped this would lay the foundation for the February 20 Juneau Legislative Reception. He noted that the Yukon Fuel Project was still moving forward. On his return to Anchorage Janke met with the President of the Alaska Railroad to discuss on -going Seward issues such as: the lease site for Yukon Fuel and the downsizing of the amount of coal going to Korea. Janke stated that during late February or early March there would be a town meeting on the North Forest Acre Levee that would include the regulatory agencies. He mentioned working with DOT to limit delays on the 4'h and Port Avenue project so that construction could begin this summer. Janke noted that a Town Meeting needed to be set to discuss Resolution 2002-009, authorizing the City Manager to enter into Amendment No. 1 to the Lease and Operating Agreement between the City of Seward and the Sisters of Providence in Washington d/b/a Providence Alaska Medical Center by amending the termination notice from 24 months to 12 months and providing for operational losses above $600,000 to be reimbursed by the City. The Town Meeting would be held at the Alaska SeaLife Center on the 13, 14, or 15. After discussion the City Manager was directed to schedule the meeting for February 13. Janke informed the Council that he would be presenting Seward's Legislative Priorities to the Kenai Peninsula Borough on February 5 in Soldotna. Janke concluded by inviting the Council to lunch with the two perspective City Engineers on February 4 and February 8. He had also invited the local private construction companies. In response to Shafer's question, Janke stated that the repairs to Generator #4 were completed two weeks ahead of schedule. The Generator was moved to its site last week and would take a few days to get on-line. He clarified that Valley Detroit Diesel was still working on a suggested maintenance schedule and a list of appropriate spare parts and tools. Other Reports, Announcements and Presentations. Planning and Zoning Commission Applicant Jean A. Lewis. Jean Lewis, 308 6th Avenue, stated she was here to discuss her application for the Planning and Zoning Commission. Lewis introduced herself by saying she was a 34 year Sewardite with 17 years experience working for the Alaska Court system and prior State jobs with Fish and Game and Job Service. Lewis stated that her children were raised and she now had time to devote to the Planning and Zoning Commission. She expressed her interest in the subject ofplanning and zoning. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. City of Seward, Alaska City Council Minutes January 28, 2002 Volume 35, Page573 Flip Foldager, 34045 Johnston Road, spoke on Resolution 2002-010, which proposed a co - payment rate for the employees' health plan contributions. He noted that the co -payment was quite a lot of money to take out of employee paychecks, especially after the other policy changes included more out of pocket expenses. Foldager encouraged the Council to closely review the subject. Norm Regis, 11484 Eagle Lane, spoke on Resolution 2002-010. He felt there must be alternate health insurance at a lower cost to the City and the City Employees. Jim Collman, 609 41h Avenue, spoke on Planning and Zoning Resolution 2002-01, and objected to a private dock in Seward's public harbor. Collman noted that if this was allowed privatization would continue. He then spoke regarding Resolution 2002-010 and stated that hourly wage earners experienced an inequality with the exempt employees because everyone had the same amount taken out of their paycheck for health insurance costs. Kari Atwood, 2506 Cedar Street, asked the Council to make sure the health care coverage purchased by the City was worth the cost. Robin Collman, Mile 6.5 Lake Drive, asked the Council to table the health insurance issue until more questions were answered during a work session. Approval of agenda and consent agenda Motion (Clark/Shafer) Approve the agenda and consent agenda Council added under Other New Business a verbal report from Kenai Peninsula Economic Development Representative Council Member Vanta Shafer. Motion passed as Amended Unanimous The Clerk read the following approved consent agenda items: November 5, 14,19, 26, December 10 and January 14 meeting minutes. Non -objection to liquor license renewals for the Breeze Inn, Crab Pot, Harbor Dinner Club and Thorns Showcase Lounge. Appointing Jean A. Lewis to fill a vacated seat on the Planning and Zoning Commission whose term will expire in February 2004. Public hearings Ordinance 2002-01, revising Seward City Code Section 3.60.025(A)(3)9 to allow for per diem (meal allowance) for travel on official business. City of Seward, Alaska City Council Minutes January 28, 2002 Volume 35, Page574 Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Clark/Branson) Motion Passed Unfinished business Approve Ordinance 2002-01 Unanimous Resolution 2002-006, supporting and urging approval of a $500,000 Federal Funding request for the City of Kenai to fully equip and implement the Emergency Operations Center located in Kenai. Following an introduction from Janke, Fire Chief David Squires stated that the City should support the City of Kenai's request because it would provide additional training opportunities in the Seward area. This would allow the City to recall staff getting trained in Kenai in the case of a local emergency. The current training location required employees to travel out of the state. He clarified that he would not recommend the Council support any resolutions making this the primary Emergency Operations Center for the Borough. Motion Passed New business Unanimous Resolution 2002-010, appropriating $70,688 to cover the increase in health plan contributions for the Calendar Year 2002 Budget and establishing a City Employee co - payment rate for health plan contributions. Motion (Brossow/Clark) Approve Resolution 2002-010 Janke noted that insurance rates were rising astronomically. He reviewed the contract the City had with Willis of Alaska, Inc. Willis was unable to successfully secure a bid for the City's health plan. Janke outlined the changes in the policy the City was willing to review, but stated that these did not reduce the cost of the monthly premium. He stated the short fall in the budget was due to the fact the City budgeted for a predicted 15% increase, but the increase was actually 35%. Janke stated he had met with employees and no one was happy about an employee co -payment, but Janke noted the City could revisit this cost on a yearly basis and adjust the co -payment portion as necessary. In response to Clark, Director of Administrative Services Rick Gifford stated it could be possible for the City to provide employees with only major medical, but they had asked Willis to solicit proposals for comparable insurance coverage. He noted that Willis had not received any proposals due to the high claim history the City had in recent years. City Council Minutes City of Seward, Alaska Volume 35, Page57 5 January 28, 2002 Brossow felt that not every insurance agency was contacted and not every avenue was investigated. In response to Shafer, Janke stated that the 35% increase was due in part to the fact that APUIT had been holding the down the rate increases in previous years. Also 20% of the increase was due to Seward's experience rate. Shafer noted her discomfort with asking the employees to start paying on such short notice and supported the issue being postponed. Blatchford supported a postponement until after a work session. After Council discussion it was unanimously decided to hold a work session on the City Employees' Health Insurance Plan on Tuesday, February 5`n Amendment (Clark/Blatchford) Postpone Resolution 2002-010 to the February 11, 2002 City Council Meeting Amendment Passed Unanimous Resolution 2002-0 1, authorizing for disposal by negotiated sale, Lot 2, Block 1, Fourth of July Creek Subdivision, Seward Marine Industrial Center for no less than appraised fair market value, and authorizing negotiation of a connected easement. Motion (Clark/Calhoon) Approve Resolution 2002-011 Planner Rachel James stated the City had received this request to purchase this lease site. She noted that assessed land values had decreased significantly in this area. James reported that the request for a utility easement would have to be negotiated as part of the sale. She clarified that this would come back to Council for a Public Hearing and final approval of sale. Motion Passed Unanimous Resolution 2002-012, accepting a historic preservation fund grant in the amount of $5,000 from the State of Alaska, State Historic Preservation Office, to complete an environmental assessment of the Jesse Lee Home property. Motion (Brossow/Clark) Approve Resolution 2002-012 Janke stated that Representative Ken Lancaster had worked on getting this grant for the City. Janke noted that the local match funds were minor and were rolled into the General Fund from monies set aside in last year's budget. Motion Passed Unanimous Council took a ten-minute break beginning at 8:50 p.m. City of Seward, Alaska City Council Minutes January 28, 2002 Volume 35, Page5 7 6 Resolution 2002-014, authorizing the City Manager to negotiate the acquisition of U.S.S.1931, approximately 30 acres of property generally located behind Two Lakes Park, on Marathon Mountain for City Park purposes. Motion (Calhoon/Shafer) Approve Resolution 2002-014 James directed the Council's attention to the letter written by Ken Allen requesting the City acquire U.S.S. 1931. She outlined the recommendations to acquire this land in the Parks & Recreation Master Plan, Municipal Land Management Plan, and the Strategic Plan. James clarified that the trail encroachment had been solved this summer when the Boy Scouts developed on new trail on City property. James noted that the Planning and Zoning Commission had suggested looking for grants and other sources of funding to acquire this property. In response to Shafer, James stated that the old evacuation route was wider and more accessible. Clark spoke in opposition to Resolution 2002-014 because of budget constraints. Shafer noted her desire to have a reliable evacuation route and requested funding sources be explored. Branson questioned the property's value. Blatchford noted the property's historical value, but was unable to support the resolution due to funding constraints. Motion Failed Unanimous The Charter Option, LLC appeal of Planning and Zoning Resolution 2002-01 set for February 12, at noon. City Clerk Patrick Reilly reviewed the Notice of Board of Adjustment Hearing provided in the packet. He noted that the parties had been notified and had all originally agreed to the time and date. Paul Carter later requested to postpone the hearing to another day later in the week. Kenai Peninsula Economic Development District Representative Report. Council Member Vanta Shafer stated that James Carter was the new director of the Kenai Peninsula Economic Development District. Shafer noted that Carter was very familiar with Seward's side of the Peninsula. Shafer stated that options were available to have workshops in Seward addressing future economic plans. Informational items and reports City of Seward, Alaska City Council Minutes Volume 35, Page577 January 28, 2002 Department Monthly Reports. Kenai Peninsula Borough Resolution 2002-010, authorizing the rental of office space in Seward for a branch borough office. 4`h and Adams Street Park design. Clark noted a conflict of interest because his wife, Carol Chaudiere, was employed by Wm J. Nelson & Associates. He also noted he worked on the computer graphics for some of the schematics. Janke stated he was looking for Council's agreement in moving forward with the concept plans. Carol Chaudiere, Landscape Designer, noted a few changes to the approved 4`l' and Adams Park design plan and how they had been incorporated. Chaudiere distributed the design plans and displayed a poster -sized rendition. Branson noted her displeasure at the restrooms being located at the extreme Northwest corner of the lot because of its proximity to the restaurant next door. Council agreed with the administration in moving forward with the bidding procedures for the landscaping of the Park. Council comments Brossow thanked everyone that spoke on Resolution 2002-010. He also thanked the staff working on solving the health insurance issue. Clark complimented the Teen Center for their activities throughout the year. He also thanked Jean Lewis for her application and subsequent appointment to the Planning and Zoning Commission. He noted that he would be at the Legislative Reception in Juneau on February 20. Calhoon welcomed Jean Lewis to the Planning and Zoning Commission. He stated that 50 feet worth of hair was donated, including his own during the Polar Bear Weekend to the Locks of Love charity event. Calhoon would be out of Seward from February 26 to March 12. Branson encouraged everyone to watch the JASON Project on channel 20. She thanked the Teen Center for her tee shirt and noted that Mayor Blatchford was a former President of the Teen Council. She expressed her pleasure with Jean Lewis' appointment to Planning and Zoning. Blatchford stated that Polar Bear Weekend was very busy and he enjoyed being a judge at the Furry Flurry. He shared that the Vice -Mayor had entered his family dogs and they were good sports. City of Seward, Alaska City Council Minutes January 28, 2002 Volume 35, Page578 Public comments Carol Chaudiere,1129 Cliff View Place, supported naming the 4th and Adams Street Park after the Phoenix. She noted the many nautical themes that could be incorporated into the design. Randy McFarland, Mile 6.5, expressed his frustration with waiting for a slip in the Harbor for many years and then because of miscommunication he didn't pick up his certified letter informing him he was at the top of the list. McFarland then lost his placement and was moved to the bottom of the list. He would have liked a phone call. Bob Valdetta, 528 5th Avenue, noted his appreciation for the Economic Development District Board of Directors and stated he had been trying to get them to focus on Seward for the past 20 years. Jim Collman, 609 4th Avenue, stated that City employees did not get free health benefits, but worked for them as part of their salary package. He stressed that he would like City employees to not have to worry about health issues so they could keep their minds on their job to serve the public. Council and administration response to citizens' comments Clark noted he would be out of town for the February 11 City Council Meeting. Janke noted that this year's Polar Bear Jump was mentioned on the Home and Garden Channel. Calhoon requested Randy McFarland verify his contact number with the City. He also clarified that about 250 dollars was taken out of his wife's State of Alaska paycheck for health insurance. Adjournment The meeting was adjourned at 10:00 p.m. i Christy Terry Assistant City Clerk OF Cj (City Seal) ♦♦♦``; . ... 00 � � r % SEAL � • 1 10 . 1; + •,•, ''!9MI1111100 zr.( )1i Edgar Blatchford Mayor J City of Seward, Alaska City Council Minutes Volume 35, Page57 9 February ll, 2002 Call to order The February 11, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Sgt. Joe Bond led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson David Brossow Michael Calhoon Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Christy Terry, Assistant City Clerk Absent Stu Clark Special orders, presentations, and reports Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. City Manager Scott Janke directed the Council's attention to a letter in the Council Packet regarding the City formally requesting transfer of ownership of the Qutekcak Shellfish Hatchery. Janke outlined some of the ownership issues. Blatchford noted that when it came time to take action on this issue he had a potential conflict of interest since he was on the Board of the Qutekcak Native Tribe. City of Seward, Alaska City Council Minutes February 11, 2002 Volume 35, Page 8 0 Janke informed the Council he would be testifying at a Senate Hearing on Wednesday morning at the local Legislative Information Office regarding House Bill 96. This House Bill supported State ownership of the Jesse Lee Home. Janke reminded the Council of the Board of Adjustment Hearing on the CUP Appeal scheduled for tomorrow at noon. Janke also reminded the Council of the Town Meeting on the proposed Providence Lease and Operating Agreement on Wednesday night at 6:00 p.m. Janke noted he met with the Kenai Peninsula Borough Assembly to present Seward's State Legislative Priority List. He also spoke in support of Senator Lyda Green's Bill that supported expanding some State Prisons including Spring Creek. Janke asked the Council to pass Resolution 2002-017 on tonight's agenda supporting this legislation. Janke stated that the Juneau Legislative Reception was scheduled for February 20. Janke concluded by mentioning three quick points: there had been a survey of the rock quarry completed, an inquiry into possible lease or purchase of property in SMIC had arrived, and the interviews for the Engineering & Construction Manager had been completed with the City in the process of offering a position. City Attorney's Report. Brad Meyen reported that the law firm worked on planning and zoning matters, harbor float installation issues, and the proposed amendments to the hospital lease and operating agreement. Other Reports, Announcements, and Presentations. Close up Washington D.C. student presentation. Laura Beck, Seward High School Advisor for the Close Up Program reviewed the programs objectives, asked for the City's support with a donation for this year, and thanked the City for their generous support in former years. Students Whitny Holm, Britney Swanson, Miranda Mahle, Alder Olive, Nate Capra, Stephanie Battishill, Heather Thompson, Lacey Keil, Ann Linville, Tara DeRuwe, Katie Daubney, Anna Beck and Seth Price thanked the Council and described what each hoped to learn from this program. Branson stated she was delighted and pleased that there were so many young women involved. Bob Heavilin, General Manager Alaska Chadux Corporation, City of Seward oil spill response Contractor Presentation. Heavilin gave an overview of his qualifications and why this organization was established. Alaska Chadux Corporation's Mission statement was to assist members with oil spill preparedness and response resources. In response to Council questions, Heavilin stated that the Corporation would respond when requested, but would also have a system in City of Seward, Alaska City Council Minutes February 11, 2002 Volume 35, Page 581 place for the most appropriate local agency to respond. Heavilin stated that there was equipment stationed in Seward. in response to Orr, Heavilin stated that the basic training time for a first responder would be a 40 hour Hazardous Waste Course. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Bob Valdetta, 520 5`h Avenue, stated he had been talking with Andrew White of Enstar Corporation. Valdetta stated Enstar was in the midst of considering plans to bring natural gas to Seward. Valdetta requested the Council approach the Borough Assembly and ask for $100,000 to fund a feasibility study of this project. He noted that Nikiski received about the same to complete their own feasibility study. Approval of agenda and consent agenda Motion (Brossow/Branson) Approve the agenda and consent agenda Amendment (Branson/Brossow) Add January 28 Minutes to the consent agenda Amendment Passed Unanimous Amendment (Orr/Brossow) Add an executive session to exchange privileged attorney client communications relating to the electric utility Amendment Passed Unanimous Amendment (Orr/Brossow) Postpone the Executive Session for the purpose of performing the semi-annual evaluation of the City Attorney to the March 11 Regular City Council Meeting Amendment Passed Unanimous Main Motion Passed Unanimous The Clerk read the following approved consent agenda items: Resolution 2002-015, authorizing the City Manager to pay dues owed to the Alaska Rural Electric Cooperative Association (ARECA) for 2002 in the amount of $15,461.00. Resolution 2002-017, supporting the concept of establishing multiple municipal owned, state operated prisons. City of Seward, Alaska City Council Minutes February 11, 2002 Volume 35, Page5 8 2 Resolution 2002-018, authorizing the City Manager to contribute $1,000 to the Close Up Washington 2002 Program trip expenses. January 28 meeting minutes. Public hearings Resolution 2002-013, authorizing the dedication of city -owned property, located adjacent to Fourth Avenue in the Small Boat Harbor area, for pedestrian access purposes to accommodate the State Department of Transportation and Public Facilities Harbor Pedestrian Pathway Project. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Shafer/Branson) Approve Resolution 2002-013 Planner Rachel James stated that the Department of Transportation (DOT) was in the design process for the Port and 4th Avenue project. James outlined the program and informed the Council that DOT would move forward with this project this summer if city -owned property could be dedicated for pedestrian access. James described the portions of land needed and directed the Council's attention to the maps provided in the packet. She stated that prior to the dedication DOT would provide the City with the correct legal description for each piece. In response to Brossow, Janke stated that 2 or 3 spaces would be lost in front of the Harbor Master's Office due to the parking going from perpendicular to angled. Motion passed Unanimous Unfinished business Resolution 2002-010, appropriating $70,688 to cover the increase in Health Plan contributions for the Calendar Year 2002 budget and establishing a City employee co -payment rate for Health Plan contributions. Director of Administrative Services Rick Gifford reviewed what was discussed during the work session the Council held on this topic. He highlighted the recommendations and the request for proposals completed by Willis. Gifford reiterated that no bids were received due to the number of City employees and because we had a number of large claims last year. Janke asked the Council to amend Section 1 by deleting in the third line down, "effective February 1, 2002" and then changing the last sentence by substituting, "first payday in February, 2002" with "pay period that begins March 10, 2002." City of Seward, Alaska City Council Minutes Volume 35, Page 583 February 11, 2002 The Council unanimously adopted these changes. Brossow and Shafer both noted that the Council had worked hard to be sure they were making the right decision. Motion passed Unanimous New business Ordinance 2002-02, amending the Seward City Code to reflect the reorganization of the Engineering and Utilities Department by establishing Engineering and Construction, Public Works, and Electric Utility Departments and assigning powers and duties. Motion (Branson/Shafer) Introduce Ordinance 2002-02 Janke stated that this Ordinance would make the Code consistent with the positions and reorganization adopted with the Budget. Personal Officer/ Executive Assistant Cindy Ecklund noted that the City Attorney and all the parties involved had reviewed this Ordinance. Ecklund noted that there were a few corrections that would be provided prior to the next meeting. Motion passed Unanimous Resolution 2002-016, authorizing the City Manager to appropriate an additional $7,307.27 from the General Fund fund balance to the Library Siding Capital Project, Contracted Services Account, in order to provide sufficient funding to complete the $71,800 project previously authorized by Council and pay the Administrative (Overhead) expenses. Motion (Brossow/Shafer) Approve Resolution 2002-016 Janke stated that the Administration did not put in the needed administrative fees for the project and this resolution was being brought before Council to correct that omission. He noted that it had been the City's accounting practice for the last 30 years to charge administrative overhead expenses to city departments as well as outside agencies. In response to comments from the Council Finance Director Kristin Erchinger stated that if the administrative fee was not charged to City projects it could jeopardize charging the fee for State and Federal Grant projects. Motion passed Unanimous Other New Business Items- None City of Seward, Alaska City Council Minutes February 11, 2002 Volume 35, Page 584 Informational items and reports Seward Alice Pickett Memorial Animal Shelter January 2002 Report. Coghill Bill Limits Threshold of "Poor" — Alaska State House Bill 367 Preserving Benefits for Alaskans at 150 Percent of Poverty. Janke stated this was one of the issues he was tracking in Juneau. He felt that this House Bill could hurt Seward's level of health care. Town Meeting Wednesday, February 13, 2002 at 6:00 p.m. at the Rugged Coast Gallery, Alaska SeaLife Center, regarding Resolution 2002-009 - Providence Hospital Contract Amendment. Janke noted that the Town Meeting would be televised on channel 20. Government Finance Officers Association Certificate of Achievement to the City of Seward Finance Department. Campground season end report for 2001. Campground fees survey. City of Seward request to the State of Alaska for ownership of the Qutekcak Shellfish Hatchery building. February 4 letter from Dana Paperman, Project Director, thanking the City of Seward for its contribution of $3,200 to the Seward Senior Center. Council comments Brossow congratulated the students involved in the Close Up program. He wished them lots of fun, but also a great learning experience. Brossow reiterated that the Council and the Administration had put a lot of time and effort into the City Employees' concerns about the rising cost of the City's insurance. Branson stated she was always very impressed by Finance Director Kristin Erchinger. Blatchford thanked Pat Williams for touring the L.V. Ray building and allowing herself to be videotaped while explaining the building's history. Citizens' comments Council and administration response to citizens' comments City Council Minutes City of Seward, Alaska Volume 35, Page 8 5 February 11, 2002 Brossow wished his daughter a happy birthday. Adjournment The meeting was adjourned at 9:03 p.m. Christy Terry Assistant City Clerk QF SEjy �� (City Seal) ee eeek� , y,....•,,, q • `ee V\� a9'Ol�y�'DQ e•i • r Y40 '�s+raee►a►►�0o L i, . )J,- Edgar Blatchford Mayor City of Seward, Alaska February 12, 2002 Call to order Board of Adjustment Minutes Volume 35, Page5 8 6 The February 12, 2002, Board of Adjustment Hearing was called to order at 12:00 p.m. by Chair Edgar Blatchford. Opening ceremony Board of Adjustment Member Shafer led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford, presiding Margaret Branson David Brossow Nathan Orr Vanta Shafer comprising a quorum of the Board of Adjustment; and Scott Janke, City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Christy Terry, Assistant City Clerk Absent was: Michael Calhoon Stu Clark Approval of Board of Adjustment agenda Motion (Brossow/Branson) Motion Passed Board of Adjustment agenda Unanimous HEARING ON APPEAL Appeal by Paul Carter, of The Charter Option, LLC., of the Planning Commission's January 8, 2002 passage of Planning and Zoning Resolution 2002-01 to grant a Conditional Use Permit to James T. Pruitt to develop a hotel within the Harbor Commercial Zoning District on Alaska Railroad right-of-way lease property. City Clerk Patrick Reilly reviewed the process for the Board of Adjustment Hearing. Reilly noted that Paul Carter would be allowed to speak, the City Administration would be allowed to speak, and Jim Pruitt had requested an opportunity to speak. After questions from the City of Seward, Alaska Board of Adjustment Minutes Volume 35, Page 587 February 12, 2002 Board, Reilly suggested 20 minutes for original comments, and then 5 minutes for rebuttals. There was no objection from the Board. Motion (Brossow/Orr) Allow Jim Pruitt to give comments during the Board of Adjustment Hearing Motion Passed Unanimous Comments Paul Carter, The Charter Option LLC., stated he was appealing Planning and Zoning's Resolution 2002-01 granting James T. Pruitt a conditional use permit to develop a hotel within the Harbor Commercial Zoning District on Alaska Railroad right-of-way lease property. Carter questioned the following findings of the Planning and Zoning Commission including; the adjoining property's value would not be significantly impaired, the proposed use was in harmony with Seward's Comprehensive Plan, one parking space per unit was adequate parking, and general safety concerns between pedestrians and traffic. Carter emphasized that the project should be reviewed as a whole including not only the hotel's impact, but also the impact of the private dock. He questioned why the City did not address the issue of contaminated soils on this property. He thanked the Board for hearing his concerns and noted he was willing to work on an amicable solution. City Manager Scott Janke stated that Planning and Zoning did review the overall project. Janke reviewed the Conditional Use Permit issued by the Commission. Rachel James Planner stated that the proposed use was in harmony with the Comprehensive Plan. She reviewed the Comprehensive Plan's recommendations for this area and also the zoning code for the Harbor Commercial District. James Pruitt, Conditional Use Permit Applicant, stated he agreed with the Administration's arguments. Rebuttals Paul Carter, The Charter Option LLC., reiterated his concerns with traffic and pedestrians. He disagreed with the Planning and Zoning Commission's disposing of City property to James Pruitt in exchange for a bathroom instead of following the Request for Proposals procedure. City Manager Scott Janke stressed that the Commission reviewed the project as a whole. He noted the exchange of public land for bathrooms was important because it benefited both the City and the Conditional Use Permit Applicant. James Pruitt, Conditional Use Applicant, reviewed his request for a Conditional Use Permit. City of Seward, Alaska Board ofAdjustment Minutes February 12, 2002 Volume 35, Page 5 8 8 Reilly stated that since all comments and rebuttals had been heard, the Board could ask questions at this time. Reilly noted that the Board had to limit their consideration to the evidence on record. In response to questions from Orr, James stated that property owners and lessees within 300 feet of the property were notified of the public hearing to issue the Conditional Use Permit. These names were obtained from the Kenai Peninsula Borough Tax listings. James noted that the notices were sent by first class mail ten days prior to the hearing. In response to further questions from Orr, James stated that retail business, charter business, and a private passenger docks were all allowed outright in the Harbor Commercial Zoning District and the Seward City Code did not require any off street parking for these uses. Blatchford handed the gavel to Vice -Chair David Brossow. Blatchford asked Brossow for a ruling on a conflict of interest because Blatchford had ownership in a business across the street from Paul Carter's hotel on 51" and Washington. Vice -Chair Brossow ruled there was not a conflict of interest. There was no objection to the ruling from the other Board Members. Brossow passed the gavel back to Blatchford. EXECUTIVE SESSION Request for an executive session to deliberate and prepare findings of fact and conclusions of law with respect to the appeals presented. Motion (Branson/Shafer) Executive session to deliberate and prepare findings of fact and conclusions of law with respect to the appeal presented The Board went into executive session at 1:00 p.m. The Board reconvened at 3:25. Motion (Branson/Brossow) The Board of Adjustment finds that Section (F)(6) and Section 1(F)(14) of the Resolution should be vacated based on its determination that the City Code procedures for the disposition of interests in City real property should be followed and not be made part of the conditional use permit process. The Board of Adjustment finds that potential issues related to contaminated soils and the private dock do not affect the decision to issue a conditional use permit on this site. In all other City of Seward, Alaska February 12, 2002 Board of Adjustment Minutes Volume 35, Page 8 9 respects the decision of the Planning and Zoning Commission shall be affirmed. Motion Passed Yes: Blatchford, Shafer, Brossow, Branson No: Orr Absent: Calhoon, Clark Adjournment The meeting was adjourned at 3:28 p.m. Note: The Board of Adjustment decision that was issued on March 1, 2002 is attached to these minutes. II/ Christy Terry \ / / Assistant City Clerk / °4*6191111% �►° p;v (City Seal) °°°°,.•�p0'•• ':��Q3yi. O r SEAL i OF 41488111621�°° Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes February 25, 2002 Volume 35, Page5 9 0 Call to order The February 25, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Lt. Tiner led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson David Brossow (excused at 8:10 p.m.) Stu Clark Nathan Orr Vanta Shafer comprising a quorum of the Council; and Rick Gifford, Director of Administrative Services Patrick Reilly, City Clerk Christy Terry, Assistant City Clerk Absent Michael Calhoon Special orders, presentations, and reports. None. Proclamations and Awards. None. Borough Assembly Report. Borough Assembly Representative Ron Long gave an overview of on -going Seward issues with the Assembly. In response to Council Member Orr, Long stated the resolution to provide a tax exemption for aesthetic improvements failed by a vote of 5 to 3. The Assembly felt it would create too much work for the property tax department. City Manager's Report. Director of Administrative Services Rick Gifford stated that City Manager Scott Janke would return on March 4. Gifford outlined the following topics: • There was a town meeting on the hospital issue. Administration was asking this issue be postponed until March 25 so another work session could be held. • City snow clean-up crews were working hard to clear the roads, but one backhoe was out of service. City of Seward, Alaska City Council Minutes Volume 35, Page 91 February 25, 2002 • Requested a Council Special Meeting be scheduled for Friday March 1 at noon to get Council approval of a supplemental agreement for repairs to the Lowell Creek Tunnel. • Noted a community meeting regarding North Forest Acres/ Japanese Creek Levee on March 12 in the Bear Mountain Conference Room at the SeaLife Center. Clark asked that the Council be given a report by March 25 to track how the grant fiords were being spent by Seward Ship's Drydock. Other Reports, Announcements, and Presentations. Seward Centennial Coordinator Sandy Wassilie and Nome Mayor Leo Rasmussen report on Centennial Activities. Seward Centennial Coordinator Sandy Wassilie thanked the Council for selecting her as the Centennial Coordinator. She stated she had attended a number of meetings and had been working as the City liaison with other interested groups. Wassilie noted that there were draft goals and a calendar outlining some themes and events for 2003. Nome Mayor Leo Rasmussen gave an overview of Nome's Centennial and stated that the main focus of Seward's Centennial should be to bring people back to Seward. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Council Member David Brossow was excused from the Meeting at 8:10 p.m. Debra Altermatt, 1703 Iron Drive, spoke against Jim Pruitt's request to lease a portion of land from the City. Debra Carter, 700 5`h Avenue, read a letter from her husband, Paul Carter, requesting the City of Seward lease, sell or trade Lot 1, Block 5 to his business, The Charter Option, in exchange for two public bathrooms. Items other than those appearing on the agenda David Bonaud, Mile 1 Nash Road, expressed his disgust at the condition of the Jesse Lee home. He requested the property be given to him so he could pursue grants and begin restoring the property. In response to Council Member Clark, Bonaud stated that he had restored many historic properties and held an Associate's Degree. Blatchford requested a current status report on the Jesse Lee home from the Administration. Approval of agenda and consent agenda City of Seward, Alaska City Council Minutes February 25, 2002 Volume 35, Page 592 Motion (Clark/Shafer) Approve the agenda and consent agenda There was no second to Orr's motion to hold an Executive Session following the regular council meeting for the purpose of contract negotiations with Providence Alaska Medical Center. Main Motion Passed Unanimous The Clerk read the following approved consent agenda items: Resolution 2002-019, authorizing the City Manager to enter into amendment no. 3 to the professional services agreement with Mikunda, Cottrell & Co. extending the agreement to perform independent audit services for the City of Seward for calendar year 2001. February 11 meeting minutes. Reappointing Kristi Larson and Lynn Hohl to the Planning and Zoning Commission with terms to expire in February 2005. Public hearings Ordinance 2002-02, amending the Seward City Code to reflect the reorganization of the Engineering and Utilities Department by establishing Engineering and Construction, Public Works, and Electric Utility Departments and assigning powers and duties. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Clark/Branson) Approve Ordinance 2002-02 Gifford stated that this Ordinance was a house keeping issue from when the budget was adopted and those departments were reorganized. Personnel Officer/Executive Assistant Cindy Ecklund noted some editing changes dealing with font and italics. She then noted two spots that required the words, "...which shall be filed with the city clerk and maintained by the department;" to be struck. Motion passed Unanimous Resolution 2002-020, naming the future park that will be located on city -owned property at the corner of Fourth Avenue and Adams Street Kawabe Park. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. City Council Minutes City of Seward, Alaska volume 35, Page 9 3 February 25, 2002 Doug Capra, 1212 Resurrection Blvd., spoke in support of naming the park Kawabe Park. Capra read an account of Harry Kawabe being taken from Seward to an internment camp during World War Il. No one else appeared to address the Council and the public hearing was closed. Motion (Branson/Orr) Approve Resolution 2002-020 Gifford stated that both the Historic Preservation Commission and the Planning and Zoning Commission recommended Council name the park Kawabe Park. Planner Rachel James reiterated that both the Historic Preservation and the Planning and Zoning Commission recommended naming the park Kawabe Park. Clark spoke against naming the park after a person. He suggested naming the park Memorial Park and allowing people the opportunity to place memorial bricks or plaques honoring family members and Seward's pioneers. Motion (Clark/Shafer) Amend the name of the park to be Memorial Park Shafer stated that it was positive for a community to remember negative aspects of their past so that those incidents do not happen again. Amendment Failed Yes: Clark No: Blatchford, Branson, Shafer, Orr Absent: Brossow, Calhoon Main Motion Passed Yes: Blatchford, Branson, Shafer, Orr No: Clark Absent: Brossow, Calhoon Unfinished business Resolution 2002-0099 authorizing the City Manager to enter into amendment no.1 to the lease and operating agreement between the City of Seward and the Sisters of Providence in Washington D/B/A Providence Alaska Medical Center amending the termination notice from 24 months to 12 months and providing for operational losses above $600,000 to be reimbursed by the City. (Resolution 2002-009 was postponed from the January 14 City Council meeting to the February 25 City Council meeting.) Shafer reminded the Council and the public that the Chair had ruled she had a conflict of interest on this issue during a previous meeting. City of Seward, Alaska City Council Minutes February 25, 2002 Volume 35, Page594 Orr asked the Chair for a ruling if he had a conflict of interest on this matter. Orr stated that he rented four residential units to Providence Alaska Medical Center. He noted that these leases would be over in June. Chair Blatchford ruled that Orr did have a conflict of interest with this issue. Orr then made a motion to overrule the Chair, but failed to receive a second. City Clerk Patrick Reilly noted that there was not a quorum of Council Members present that could vote on Resolution 2002-009. Reilly then read Seward City Code Section 2.10.035C, ..If there are not at least four councilmembers in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four council members qualified to vote on the matter are in attendance." Reilly stated the resolution could be dealt with on March 1 during the Special City Council Meeting. There was no objection from the Council to address this resolution during the March 1 Special City Council Meeting. New business Resolution 2002-021, authorizing the City Manager to purchase specialized tools and spare parts from EMD for the generator plant for an amount not to exceed $62,500 and appropriating $80,000 for the EMD specialized tools, spare parts and other tools. Motion (Branson/Shafer) Approve Resolution 2002-021 Gifford stated that the public works department has requested to purchase these tools and spare parts to facilitate the maintain program for the generators. He noted that this purchase included specialized EMD tools and parts. Gifford noted that additional tools will be purchased later along that would be needed for future maintenance and repair work. Orr confirmed with the administration that these funds would be taken from the Electric Department Maintenance and Repair Fund. Motion passed Unanimous Other New Business Items - Scheduling the annual joint City Council and Planning and Zoning Commission joint work session for Tuesday, March 5, at 5:30 p.m. Council Members Shafer, Branson, and Blatchford said they would be in attendance. Shafer asked that a joint work session be set up between PACAB and Council. Requesting the Planning and Zoning Commission review and make a recommendation to the City Council regarding the pros and cons of disposing of an interest in land to the Department City Council Minutes City of Seward, Alaska Volume 35, Page 9 5 February 25, 2002 of Army to lease approximately five acres of land for a three year period for the purpose of studying the potential development of a joint public -private venture. The property is located north of SeaLion Drive between the Seward Highway and Dimond Boulevard. Motion (Clark/Shafer) Planning and Zoning Commission review and make a recommendation to the City Council regarding the pros and cons of disposing of an interest in land located north of SeaLion Drive between the Seward Highway and Dimond Boulevard for a three year period to The Department of the Army for the purpose of studying the potential development of a joint public -private venture Gifford stated that the Army was requesting a three-year lease to do a study on the potential development of a bowling alley. They needed this lease to show a commitment to the property so a feasibility study could be completed. Gifford stated that the Army would return to Council at the end of the study to terminate the lease and then, depending on the results of the study, either enter into a long-term lease or pull out of the project. This property had not been previously identified as available for disposal and this was the first step in that process. In response to Council questions, Gifford stated the Army estimated the feasibility study would not take the full three years to complete. Council Members Clark and Orr expressed their desire to clarify for the Army how much the lease payments on a long-term lease might be so that they could incorporate that information into their study. Motion passed Unanimous Requesting the Planning and Zoning Commission review and make a recommendation to the City Council regarding the pros and cons of disposing to James T. Pruitt a 13,632 square foot parcel of land located between Fourth Avenue and Alaska Railroad Right of Way lease property in the Harbor Commercial Zoning District for the purpose of lease, purchase or trade in exchange for construction of a public restroom in order to use the property for parking and landscaping. Motion (Clark/Orr) Planning and Zoning Commission review and make a recommendation to the City Council regarding the pros and cons of disposing to James T. Pruitt a 13, 632 square foot parcel of land located between Fourth Avenue and Alaska Railroad Right of Way lease property in the Harbor Commercial Zoning District for the purpose of lease, purchase or trade in exchange for City of Seward, Alaska City Council Minutes February 25, 2002 Volume 35, Page 9 6 construction of a public restroom in order to use the property for parking and landscaping Gifford stated the Council needed to direct the Administration and the Planning and Zoning Commission to review this request and make a recommendation back to Council. James clarified that only a portion of the parcel was requested by Pruitt. She stated it was appropriate for the Council to direct the Administration and Planning and Zoning Commission to look at the whole parcel to make a recommendation back to the Council. James noted for the Council that she had received a revised site plan of Pruitt's proposal. Amendment (Clark/Branson) Add to the end of the Motion, "...in whole or in part using the public request for proposals process." Clark stated he would like to see public lands disposed of using the request for proposals process. Orr stated the public process could be used for other portions of this lot, but the portion Pruitt was requesting would only benefit Pruitt because other then being connected to a larger parcel this piece was unable to be developed. Amendment passed Yes: Blatchford, Branson, Clark, Shafer, No: Orr Absent: Brossow, Calhoon Main motion passed Unanimous Informational items and reports Private sector donor list of contributions for the City of Seward reception that was held in Juneau February 20. Department Monthly Reports. January financial reports. Clark requested the Finance Department provide the Council with a monthly budget statement that compared the actual spending from the previous years' same month, not a percentage of the actual money spent for the current year. Clark noted this would provide the Council and department heads with a clearer understanding. Council comments Orr thanked Mayor Rasmussen and Doug Capra for their valuable presentations. He felt City of Seward, Alaska City Council Minutes volume 35, Page 97 February 25, 2002 there should be something in Kawabe Park recording the events of Kawabe's internment during WW II. Clark was glad to be back in Seward. He commended Sandy Wassilie on her work as the Centennial Coordinator. Clark stated it was deplorable that Kawabe was taken from his home and Clark understood why this was vital for the community to remember. Clark noted he would filly support the Park with this name and had known members of this very fine family. Shafer felt that Kawabe Park was a very appropriate name and likened it to her heritage and the Trail of Tears. She noted that if history was remembered then mistakes would not be repeated. Shafer informed the Council and the public of the success of the Children's Wellness Fair and enjoyed seeing how many small children were in Seward. Branson thanked the locals that contributed to the Legislative Reception. Branson stated that Council Members' meetings with the legislators were very effective. Blatchford specifically thanked former Council Member Jerry King and his wife Jolene for making a contribution to the Legislative Reception. He was pleased to hear Mayor Rasmussen speak on ideas for the Centennial and noted that Mayor Rasmussen was a long time Seward supporter because of our two communities being at the start and end of the historic Iditarod Trail. Blatchford expressed his pleasure that Seward was named one of the top 50 small towns by Men's Journal. He was also pleased that the Council named the park Kawabe Park and stated this was a good first step in naming natural or man made landmarks in Seward after pioneers. Citizens' comments None. Council and administration response to citizens' comments None. Adjournment The meeting was adjourned at 9:45 p.m. C isty Terry — Edgar Blatchford Assistant City Clerk •. ••• •••:;. Mayor (City Seal) =.. City of Seward, Alaska March 1, 2002 Call to order City Council Minutes Volume35, Page598 The March 1, 2002, special meeting of the Seward City Council was called to order at 12:00 p.m. by Mayor Edgar Blatchford. Opening ceremony Council Member Shafer led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson David Brossow Stu Clark Vanta Shafer comprising a quorum of the Council; and Rick Gifford, Director of Administrative Services Christy Terry, Assistant City Clerk Absent were: Michael Calhoon Nathan Orr Citizens' comments on agenda items not scheduled for public hearing. None. Approval of special meeting agenda Motion (Clark/Shafer) Amendment(Branson/Brossow) Approve the Special Meeting Agenda Postpone a request for an executive session for the purpose of discussing contract strategy negotiations with Providence Alaska Medical Center Amendment Failed Yes: Branson No: Clark, Brossow, Blatchford Absent: Calhoon, Orr Abstain: Shafer Ciry Council Minutes City of Seward, Alaska Volume 35, Page 9 9 March 1, 2002 [No executive session was held.] Main Motion Passed Unanimous New business Resolution 2002-0229 approving a supplemental agreement between the United States of America and The City of Seward, Alaska for local cooperation for repairs to the Lowell Creek Tunnel Rehabilitation Project, at Federal Expense in the amount of 3 million dollars, and ny associated authorizing the City Manager or his designee to sign the agreement and a documents. Motion (Clark/Branson) Approve Resolution 2002-022 Director of Administrative Services Rick Gifford noted that the City had been working with the Corp of Engineers to obtain funding for the rehabilitation of the Lowell Creek Tunnel. He stated that the current agreement before Council was essentially the same as the agreement signed in 1990. The agreement formalized the responsibilities of both parties and was necessary prior to the Federal Government contributing $3 million dollars for the repairs. Gifford stated that the City Attorney and the City Manager had read the agreement and had no objections. In response to Clark, Manager of Electric Utility Dave Calvert stated that there was an on- going dispute over ownership of the tunnel because of the tunnel's initial faulty construction. hi response to Shafer, Calvert stated that he was not sure when the repairs would begin and that the tunnel was in definite need of repair. Motion Passed Unanimous Unfinished business Resolution 2002-009, authorizing the City Manager to enter into amendment no.1 to the lease and operating agreement between the City of Seward and the Sisters of Providence in Washington D/B/A Providence Alaska Medical Center amending the termination notice from 24 months to 12 months and providing for operational losses above $600,000 to be reimbursed by the City. Shafer noted for the record that the Chair had previously ruled that she had a conflict of interest. Gifford stated that there had been discussion points raised at several work sessions and at the town meeting. He stated that the Administration was looking for direction from the Council to draft a final agreement. Gifford referred the Council's attention to the agenda statement in the packet and requested the Council postpone Resolution 2002-009 until the March 25, 2002 Council Meeting. City of Seward, Alaska March 1, 2002 City Council Minutes Volume 35, Page 0 0 Branson made a motion to amend the resolution to strike covering any expenses over $600,000, forgive electricity charges, facilitate Providence acquiring new equipment, and recommend outsourcing some services. Branson withdrew her amendment when no second was given. Blatchford noted the City Attorney advised that the City could not agree to an open-end financial obligation above the $600,000 amount offered by Providence. Clark stated he had received a lot of phone calls on this issue and none were in support of amending the conditions of the lease and operating agreement. He noted he supported the hospital and had received great benefit from this organization. Brossow concurred with Clark. Gifford stated that everyone could agree that Providence was an important entity in Seward and that there could be ways to support Providence other then with the proposed lease amendments. Gifford asked the Council to agree with continuing negotiations with Providence. The Council took a recess from 12:35 to 12:45. Brossow stated he could not in good faith support the proposed lease amendments. He asked the administration to continue negotiations and to find a middle ground. Branson supported finding a solution where both parties were in agreement. She noted Providence's Mission was to care for the poor and the poor in health. Clark spoke in support of the hospital and the hospital personnel. He noted he did not agree with the current proposed solution, but wanted the administration to continue to work with Providence. Blatchford stated his feeling was that the community wanted to keep Providence in Seward, but were unwilling to expose themselves to unlimited financial risk. Motion failed Yes: None No: Branson, Clark, Brossow, Blatchford Absent: Calboon, Orr Abstain: Shafer Council comments Branson asked Mayor Blatchford to be involved with the negotiations between Providence Hospital and the City. Brossow stated that he would like to see an exact figure proposed rather then the idea of City of Seward, Alaska March 1, 2002 City Council Minutes Volume 35, Page6 01 funding Providence with an unlimited amount over the $600,000 they were willing to lose per year. Citizens' comments None. Council and administrative response to citizens' comments None. Adjournment The meeting was adjourned at 12:50 p.m. Christy Terry Assistant City Clerk (City Seal) ,y OF sl:tv •g v0ir' 9� ° N �• �� i r �`' OF E+,,+s�+ CA Edgar Blatchford Mayor City of Seward, Alaska March 11. 2002 Call to order City Council Minutes Volume 35, Pake602 The March 11, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Chapman led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson David Brossow Vanta Shafer Comprising a quorum of the Council; and Scott Janke, City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Absent Michael Calhoon Stu Clark Nathan Orr Special orders, presentations, and reports. None. Proclamations and Awards. None. Borough Assembly Report. City Manager Scott Janke reported that Assembly Member Ron Long notified him that he would be unavailable due to his attendance at other assembly related matters. City Manager's Report. Janke reported on the following items of business: -On April 9 the Department of Agriculture will be sponsoring a conference on oceans and approximately 70 students would be coming to Seward to study the City's Flood Mitigation Projects. -April 5th would be the third annual Spring Mayor's Lunch and invitations were going ouit at this time. This year's guest speaker was Alaska Senator Frank Murkowski. City of Seward, Alaska March 11, 2002 City Council Minutes Volume 35, Page603 -On Tuesday, March 12, the public was invited to view the newly decorated painted dumpsters. -On Tuesday, March 12, North Forest Acres Levee Project agency personnel will hold a public meeting in Seward to discuss the status of the project. -Janke, Fire Chief Squires, and Electric Utility Manager Calvert attended training concerning multi -agency coordination that would be useful in the event of an emergency that involved multiple governmental jurisdictions. -Jerry Welsh, the new Manager of Engineering and Construction would begin working for the City next Tuesday morning. -The City auditors would begin their annual audit next Monday. -Janke noted that Chief Michael Chapman would be retiring soon and he thanked Chapman for his years of service. City Attorney's Report. Meyen updated the Council on recent legal activities, including planning and zoning matters, board of adjustment matters, and a Lowell Canyon repair contract with the United States Government. Other Reports, Announcements, and Presentations. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Annette Reese, 1809 Swetmann Avenue, stated that she and her husband, Tom, were leaders of a local youth advancement group called Carry the Light. Annette introduced Stephanie Battishi ll as one of the local youth leaders. Reese explained that the aim of the program was for our youth to grow up to be leaders that were prepared to serve. Tom Reese invited Council Members to a dinner show at the Hotel Edgewater on Sunday, March 24. Reese said the invite was to thank the Council for serving the Community and to bless the Council by serving them that afternoon. Stephanie Battishill then handed out a personal invite to each council member. Approval of agenda and consent agenda Without Council objection, Janke deleted from the agenda the rescheduling of the March 25 Council meeting to March 27and added to the agenda a discussion of Providence Hospital. City of Seward, Alaska City Council Minutes March 11, 2002 Volume 35, Page6 04 Motion (Brossow/Branson) Amendment (Brossow/Shafer) Amendment passed Main motion passed Approve the agenda and consent agenda Executive session following the regular council meeting for the purpose of performing the semi- annual evaluation of the City Attorney Unanimous Unanimous The City Clerk then read the following consent agenda items. February 25 Regular City Council Meeting Minutes. City Council consent to the submittal of the Fourth of July Creek Subdivision, Seward Marine Industrial Center, Seward Ship's Drydock Replat to the Kenai Peninsula Borough Unfinished business - None. New business Resolution 2002-023, supporting a long-range fiscal plan this year that ensures a stable future for all Alaskans by promoting affordable state and local tax levels and adequate state and local services. Motion (Shafer/Brossow) Approve Resolution 2002-023 Janke explained that the resolution was a generic resolution urging the State Legislature to formulate a state fiscal plan. In response to a question from Blatchford, Janke explained that this resolution was supported by the Alaska Municipal League and the Alaska Conference of Mayors. Motion (Branson/Brossow) Strike from the proposed resolution the words "whereas, if nothing is done and a $1 billion `fiscal gap" occurs in 2004, local taxpayers will be forced to choose between severely reduced public services or massively increased taxes to cover the costs of schools, roads and other states services. For example, in order to generate $1 billion, it would require: cutting the equivalent of all funding for schools and the university, the largest state single budget item; ending the Permanent Dividend Program; or implementing a 14% state sales tax (food/medical exempted). City Council Minutes City of Seward, Alaska Volume 35, Page6 0 5 March Il, 2002 In support of her motion, Branson stated that she was recommending striking the above wording from the resolution because it was draconian, a little inflammatory and speculative. Motion passed Unanimous Resolution 2002-024, supporting a Historic Preservation Grant application to the Sate of Alaska for the Ray Building (500 Adams Street). Janke explained that the current owner was applying for a historic preservation grant to bring the building back into its more original condition. Motion (Shafer/Branson) Approve Resolution 2002-024 Motion passed Unanimous Providence Hospital Update Janke explained that he, along with Blatchford, met with Providence Administrators Jerome Shelby and Doug Bruce. Janke stated that he, along with City Staff, had been working on this for a couple of months and he would work closely with the City Attorney during the next week to put agreed to "talking points" into a contract. Blatchford echoed the City Manager's words stating that it was a productive meeting with Providence Administrators. Blatchford stated that he was prepared to appoint an advisory health care committee, with the hope that some of the committee members could meet with Providence Administrators this week and then give advice to the Council at the March 25 Council Meeting. Blatchford stated that the following community members had agreed to serve as committee members: Keith Campbell, Chair Willard Dunham, Vice -Chair Dale Lindsey Marianna Keil Jean Galvano Ed Glotfelty Louie Bencardino Tylan Schrock Blatchford stated that he would not take a role in the committee, but was looking forward to them meeting with Providence and receiving their input. Janke stated that he would be willing to meet with the committee members to review the talking points that the City had generated in discussions with Providence. City of Seward, Alaska City Council Minutes March ll, 2002 Volume 35, Page 0 6 Informational items and reports Seward Alice Pickett Memorial Animal Shelter February 2002 Report Seward Multi -Agency Visitor Center Project, A Synopsis of Activities, 1996-2001 Department of Fish and Game February 13, 2002 letter to the City of Seward regarding Seward Shellfish Hatchery ownership transfer Garbage Dumpster Beautification Program Council comments Brossow stated that he wanted to give the message to Providence employees, and users of Providence, that the City was negotiating in good faith and was trying to do everything possible for negotiations to conclude successfully by March 25. Brossow stated that he supported the City's partnership with Providence. Shafer stated that she was glad for the sunshine this past week. Branson stated that she heard the dumpsters were very beautiful and was looking forward to seeing them. Blatchford stated that he was sorry to see the Police Chief submit his resignation. Citizens' comments Bob Valdatta, 528 Fifth Avenue, said he had been listening to the hospital as an issue for a few weeks now but he had not heard anything about economic development. Valdatta wondered who he needed contact about economic development. The hospital was only good if people were working, otherwise they couldn't afford the hospital. Valdatta explained that tourism was taking care of itself and that it was time to hustle up other type of work. Valdatta again asked the Council what he and others could do to help economic development come to Seward. Valdatta concluded his comments by wondering if anyone from the City had visited Ocean Beauty, the purchaser of Cook Inlet Processors, to welcome them to Seward and see if they needed anything. Council and administration response to citizens' comments Janke responded that Valdatta was always welcome to come to his office and the City was always working on economic development. Blatchford wondered if there could be a community meeting this May that would focus on generating jobs and economic development. Adjournment City of Seward, Alaska City Council Minutes March 11, 2002 Volume 35, Page 07 The meeting was adjourned at 8:08 p.m. S Patrick Reilly City Clerk (City Seal) ++++, OF Sf Fkv,Al i Cam; '•• �P�R9j''�p0 It s�a.L O", �la+�essss•°a Edgar Blatchford Mayor City of Seward, Alaska March 25, 2002 Call to order City Council Minutes Volume 35, Page 0 8 The March 25, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Girl Scout Troop #275 presented the colors and led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson David Brossow Michael Calhoon Stu Clark Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Patrick Reilly, City Clerk Christy Terry, Assistant City Clerk Absent None. Proclamations and Awards Awarding Certificates of Achievement to Special Olympians Joe Carr, Richard Champion, Alex Faust, and Chris Tarpy. Awarding a Certificate of Recognition to Jessica Amon for supporting the Olympians, and honoring Marie Gage as Area Director. Awarding a Certificate of Achievement to the Girls Varsity Basketball Team and coaches. The team included: Breanna Bardarson, Ruth Banse, Michelle Dieckgraeff, Tara DeRuwe, Tara Ganser, Elsa Gaule, Erin Gillespie, Willow Hetrick, Ann Linville, Lara Loomis, Jenni Regis, Emma Seigel, Lisa Steinbrecher. The coaches were: Head Coach Roger Steinbrecher, Assistant Coach Byron Loomis and Assistant Coach Ken Carr and Manager Loranne Bardarson. Recognizing Seward's Day. Special orders, presentations, and reports City Council Minutes City of Seward, Alaska Volume 35, Page6 0 9 March 25, 2002 Borough Assembly Report. Borough Assembly Representative Ron Long gave an overview of Seward issues at the borough level including: redistricting within the borough, prioritization of the borough transportation list, the borough office opening upstairs with a possible half time employee, and a resolution addressing the standards for borough roads. City Manager's Report. City Manager Scott Janke reported on the following items: -The Mayor's luncheon was scheduled this year for April 5`" at noon. This year's speaker was Senator Frank Murkowski. -The Administration was working with the Department of Transportation through Kent Dawson to add an additional rail and cradle at the Seward Marine Industrial Center (SMIC). The rail and cradle were needed for long-term storage of the Bartlett when it was decommissioned. -The weekend power outage was due to an underground cable at SMIC going bad. -The Department of Transportation's (DOT) 4'h Avenue project in Seward was still on track. The current plan was to have bids out by the end of April, and DOT had agreed to curtail construction during the 4'" of July and the Silver Salmon Derby. DOT had also agreed to work with local businesses to minimize disruptions. Manager of Engineering and Construction Gerry Welsh stated he was happy to be in Seward and everyone had been very welcoming. After being on the job for about a week he was working on permitting issues for the various city projects. Director of Administrative Services Rick Gifford noted that he was meeting with the Kenai Peninsula Borough Sales Tax Committee to clarify various sales tax issues. Gifford stated that he would bring any draft the Committee developed to the Council for their input. Gifford reported that the to date spending on the Shipyard Grant was 32% of the total or $322,288. Other Reports, Announcements, and Presentations Hospital Task Force Committee Chair Keith Campbell,1910 Forget -Me -Not Circle, gave a report on the Task Force findings. He concluded with the Committee's recommendation: We unanimously recommend that the City Council approve Resolution 2002-030 authorizing the City Manager to enter into Amendment No. 1 to the Lease and Operating Agreement between the City and Providence provided that; 1) the termination clause be no longer than 18 months (12 is reasonable), 2) the terms of the agreement remain substantially intact; including specifically, the independent auditing requirements and that the $600,000 Community Benefit Grant and the Equipment and Maintenance Fund remain in the deal as two layers of protection for the City, 3) that the remainder of the $600,000 Community Benefit Grant not applied to operating losses in any given year be placed into the Equipment and Maintenance Fund and 4) that the City's contribution for operating losses be no more than $250,000. City of Seward, Alaska City Council Minutes March 25, 2002 Volume 35, Page 610 Citizens' comments on agenda items not scheduled for public hearing Marianna Keil, 1701 Chiswell, spoke in support of Resolution 2002-029. Bruce Siemenski, 213 Benson Drive, questioned the logic behind changing the lease amendment to allow Providence to give less notice if they want to pull out and to obligate the City to contribute funds for Providence's losses. He noted that the City had always been very supportive of the hospital and had worked with them in good faith. Siemenski stated he had not heard how the City was planning on funding the amount they agreed to pay to Providence. He thanked the Council for forming a task force to examine the issue. Ron Long, 32551 Camelot, spoke in support of Resolution 2002-030. He then spoke on Resolution 2002-027 in support of the Chamber of Commerce's position. Judy Roady, 200 Lowell Canyon Road, Glacier View Apartments, spoke in support of Resolution 2002-030. Ronald Johnson, 200 Lowell Canyon Road, Glacier View Apartments, spoke in support of Resolution 2002-030. Charlotte Agolega, 601 6th Avenue, spoke in support of Resolution 2002-030. Citizens' comments on agenda items other than those appearing on the agenda- None. Approval of agenda and consent agenda Motion (Brossow/Shafer) Approve the agenda and consent agenda City Clerk Patrick Reilly requested the Council add item B3: Resignation of the City Clerk to the Agenda. This item was added by Unanimous Consent. Council Member Branson requested that Resolutions 2002-028 and 2002-029 be added to the Consent Agenda. These items were added to the consent agenda by Unanimous Consent. The Council added item B2: Appointing Margaret Branson as City Council Spring Creek Prison Expansion Legislative Liaison to the consent agenda by Unanimous Consent. Main Motion Passed Unanimous The Clerk read the following approved consent agenda items: February 12 Board of Adjustment Meeting Minutes and March 1 Special City Council Meeting Minutes. Resolution 2002-028, approving Amendment No.1 to the Electrical Meter Reading Agreement City of Seward, Alaska City Council Minutes Volume 35, Page 611 March 25, 2002 between the City of Seward and Michael O'Connor increasing the per unit costs of reading electrical meters and delivering door hangers and exercising the option to extend the Agreement an additional two years. Resolution 2002-029, supporting and acknowledging the concept of Seward Seahawk Softball and the benefits of recreation, physical activity, structured and quality after -school programs and competition for our community youth. Appointing Margaret Branson as City Council Spring Creek Prison Expansion Legislative Liaison. Public Hearings Resolution 2002-0259 authorizing for disposal by lease, an interest in City Owned Lots 11A and 12A, Fort Raymond Subdivision Replat No.1, by sole source negotiation with the Department of Army, for a three year term for the purpose of studying the potential development of a joint public -private venture for a recreational activity center. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Bob Valdatta, 520 5`h Avenue, questioned the location of the proposed activity center. Valdatta suggested an alternative location. Janke stated that the Department of the Army was looking at this property because it was adjacent to the current recreation camp. Keith Campbell, 1910 Forget -Me -Not Circle, verified that the current monument to the Seward Sanitarium would not be disturbed. No one else appeared to address the Council and the public hearing was closed. Motion (Clark/Shafer) Approve Resolution 2002-025 Janke stated that the Council would be authorizing a 3-year lease to allow the Department of the Army to complete a feasibility study. Janke stated that issues such as the monument, tennis court or bmx bike park would be dealt with when a long-term lease was negotiated. In response to Clark, Janke stated that the conceptual plans included a 10-lane bowling alley, video arcade, miniature golf course, and other recreational facilities. He noted that the recreational center would be open to the general public. Amendment (Clark/Branson) Add an additional sentence to Section 6. "During the term of the proposed lease there will be no physical changes to the property other than survey markers." City of Seward, Alaska City Council Minutes March 25, 2002 Volume 35, Paze612 Amendment Passed Unanimous Motion passed Yes: Clark, Blatchford, Brossow, Calhoon, Orr, Shafer No: Branson A ten minute recess was held beginning at 9:00 p.m. Unfinished business- None. New business Resolution 2002-026, authorizing the City Manager to amend the contract with Wm. J. Nelson & Associates by changing the contract amount of $251,431 to $264,431, an increase of $13,000, to allow HDR to complete the Environmental Assessment for the North Forest Acres Access Road/Levee, as a Subcontractor to Nelson & Associates. Funding to be from NRCS Flood Mitigation Project, Account 666-6660-5390. Motion (Shafer/Brossow) Approve Resolution 2002-026 Branson objected to using acronyms in the resolution title. She also objected to the numerous contracts that came back to Council to be amended. Branson stated that the City needed to review submitted bids better to insure they anticipated the costs involved and the businesses we hired needed to prepare their bids better. Orr clarified that the funds for the assessment would then not be available for the construction phase of the project, but that there would be enough funds to actually build the levee. The Administration concurred. Motion passed Yes: Clark, Blatchford, Brossow, Calhoon, Orr, Shafer No: Branson Resolution 2002-027, authorizing the City Manger to issue a request for proposals for Lot 11, Block 6, Seward Small Boat Harbor Subdivision, provided that provisions are made to provide a viable, functional, dedicated space for the Chamber of Commerce seasonal Silver Salmon Derby Booth on Lot 11, Block 6, Seward Small Boat Harbor Subdivision; and authorizing the City Manager to continue the lease of the site to the Chamber of Commerce through September 30, 2002. Motion (Orr/Clark) Approve Resolution 2002-027 Janke noted that this resolution issued a request for proposals and also extended the Chamber's lease to September 30, 2002. City of Seward, Alaska City Council Minutes March 25, 2002 Volume 35, Page613 Amendment (Clark/Branson) Add an additional section stating, "Request for Proposals are not due prior to September 30, 2002." Orr spoke against using September 30 as a date because he wanted to see construction begin prior to the end of the summer. Clark supported the amendment because this date was after the pressure of the summer season. Amendment Failed Amendment (Branson/Clark) Amendment Passed Main Motion passed Yes: Blatchford, Calhoon, Clark, No: Branson, Brossow, Orr, Shafer Delete all references to issuing a request for proposals Yes: Blatchford Branson, Brossow, Clark, Orr, Shafer No: Calhoon, Yes: Blatchford Branson, Brossow, Calhoon, Clark, Shafer No: Orr Resolution 2002-0309 authorizing the City Manager to enter into Amendment No-1 to the operating terms of the lease and operating agreement between the City of Seward and Providence Health System -Washington, formerly known as Sisters of Providence in Washington d/b/a Providence Health System in Alaska to reduce the termination notice period and to provide for payment of a portion of Providence Seward Medical Center's annual operating losses under certain terms and conditions. Motion (Clark/Brossow) Approve Resolution 2002-030 [Orr and Shafer had been previously ruled to have a Conflict of Interest on the subject of negotiating a lease amendment with Providence.] Janke passed out Exhibit A to the lease and operating agreement. He reviewed the numerous meetings with Providence's Administrators that were held in Seward and in Anchorage. Janke stated that the resolution before the Council limited the City's financial liability and supported the long- term solution of co -location with Wesley. Finance Director Kristin Erchinger explained how the auditing process would use cash related items only and not consist of calculating 'funny' money. She noted that if there was a City of Seward, Alaska March 25, 2002 City Council Minutes Volume 35, Page614 disagreement between Providence and Seward's Administration about financial numbers then the issue would come before Council. In response to Clark, Erchinger explained that Seward would not receive money from Providence's community grant unless money was loss by the Providence Hospital in Seward. In response to Orr, Erchinger clarified that an audit would not take place unless the City was asked to contribute funds. Shafer reiterated her Conflict of Interest. Amendment (Clark/Brossow) Clark provided a comprehensive amendment clarifying intent of the contract language The Council took at five minute recess beginning at 10:20 p.m. Amendment Passed Yes: Blatchford, Brossow, Branson, Calhoon, Clark Amendment (Clark/Branson) Amendment Passed No: None Abstain: Orr, Shafer Fill in blank dollar amount in the third whereas clause of Resolution 2002-030 to be $2509000 Yes: Blatchford, Brossow, Branson, Calhoon, Clark No: None Abstain: Orr, Shafer Clark stated he wanted to see Providence continue to operate here in Seward. Main Motion Passed Yes: Blatchford, Brossow, Branson, Calhoon, Clark No: None Abstain: Orr, Shafer Other New Business Items - Resignation of the City Clerk Patrick Reilly. City Clerk Patrick Reilly read his letter of resignation. He noted that his last day would be around April 29, 2002. Informational items and reports City of Seward, Alaska March 25, 2002 Department Monthly Reports Federal Lobbyist Report Council comments City Council Minutes Volume 35, Page615 Orr thanked the Hospital Task Force for their work on the subject and also Providence Staff for working with the City. He was glad that this issue was settled to everyone's satisfaction. Brossow echoed Orr's comments about the Providence issue. He congratulated the Girls Varsity Basketball Team, noted his support for the softball program, and thanked the Girl Scouts for the cookies. Shafer stated she was glad the Providence issue was settled. She described how beautiful the painted dumpsters were that would be put around town. She noted it would be a shame to actually put trash in them. Shafer stated that she and everyone in the City would miss City Clerk Patrick Reilly. Clark welcomed Manager of Engineering and Construction Gerry Welsh to the City. He congratulated the Girls Basketball Team and the Special Olympians. He was sorry to see the City Clerk leave. Clark reminded the community that there was a Centennial Committee Meeting tomorrow at 7 p.m. He noted that this weekend he was able to have a long discussion with a relative of William H. Seward. Calhoon echoed the other Council Member's congratulations. He was also sorry to see City Clerk Patrick Reilly submit his resignation. Calhoon wished Reilly well and thanked him for educating him on being a Council Member. Branson thanked everyone that attended the meeting. Branson noted that Reilly would enjoy Barrow. She shared that Finance Director Kristin Erchinger had a new daughter who had her first day at First Grade today. Branson welcomed Gerry Welsh to the City. She concluded by expressing her relief that the hospital issue was settled. Blatchford reminded the Council and members of the public that the monument to the Seward Sanitarium was dedicated in 1990 with much pomp and circumstance. Blatchford stated that the Annual Elks Luncheon honoring Seward's Seniors was an excellent event. He was glad to see all the Council Members at this meeting. Blatchford thanked the Hospital Task Force for their hard work. In conclusion he thanked the Clerk for his five years of service and for being a good friend. Blatchford noted that Reilly had been a faithful public servant working many late nights, weekends, and early mornings. He noted that while he was sorry to see Reilly and his wife move to Barrow, he understood that this was a fantastic opportunity. Citizens' comments City of Seward, Alaska City Council Minutes March 25, 2002 Volume 35, Page 616 Marianna Keil, 1701 Chiswell, thanked the Council for their support of the softball program. She noted that April 1 there would be a meeting on redistricting. Willard Dunham, Forest Acres, spoke in support of the Chamber of Commerce remaining at their current lease site. He noted he did not agree with private ownership of waterfront land. Council and administration response to citizens' comments —None. Adjournment The meeting was adjourned at 11:00 p.m. Christy Terry 4" Edgar Blatchford Assistant City Clerk Mayor City Council Minutes City of Seward, Alaska Volume 35, Page617 April 8, 2002 Call to order The April 8, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Chapman led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and David Brossow Michael Calhoon Margaret Branson Stu Clark Vanta Shafer Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager Cheryl Brooking, City Attorney Patrick Reilly, City Clerk Absent None Special orders, presentations and reports Proclamations and Awards. A proclamation was read honoring former City Council Member John Gillespie mourning his death and sending condolences to Gillespie's family. Borough Assembly Report. Assembly Member Ron Long updated the Council regarding the Assembly's budget process and his recent trip to Juneau to attend the Alaska Municipal League Legislative Committee meetings. City Attorney's Report. Cheryl Brooking updated the council on legal matters the law firm worked on for the period February 21 through March 20, 2002. Brooking stated the law firm assisted the City on hospital negotiations, lease matters, labor questions, discussions regarding last year's harbor floating docks construction project, and planning and zoning easement matters and public records requests. City Manager's Report. Acting City Manager Kristin Erchinger explained that City Manager Scott Janke was traveling to Washington D.C. to discuss the City's federal priorities lists City of Seward, Alaska City Council Minutes April 8, 2002 Volume 35, Page618 and health care issues with Alaska's Congressional Delegation. Erchinger then reported on the following items of business: -Erchinger explained that there was a need for the Council to schedule a work session to discuss updating the various city building codes. The City Manager estimated this work session would take about an hour. -Norm Story, General Manager of Homer Electric Association, submitted a letter outlining an offer to purchase the City's electric utility. Homer Electric Association wished to schedule a presentation before the Council to explain their proposal. If there was no objection from the Council Story will make a presentation at the April 22 Council Meeting to detail the terms of the proposal so that the public can get an idea of the particulars of the offer. -Erchinger introduced Van Moore, of Westcare Management. Moore explained that he was hired by the State of Alaska to formulate a plan to correct the problems that had arisen at Wesley Rehabilitation and Care Center. The problems around Wesley Rehabilitation and Care Center were centered around the ability of Wesley to recruit and retain health care professionals. Moore explained that he was required by April 22 to verify that Wesley was substantially compliant in responding to federal citations that were issued. The consequences of not getting into substantial compliance would be closure of the facility. Moore was required by May 9 for Wesley to have all issues cited on a survey that was performed six months ago resolved. In Moore's ten year history he stated he only needed to close 2 facilities and the decision to close these facilities were based on cost factors. Getting a stable nursing team and a cohesive unit was the most significant issue at this time. Moore explained that the co -location discussions that had taken place over the last few years made sense, but it was imperative that the co -location process move forward within the next week. Erchinger continued her report by informing the Council that the Department of Motor Vehicle Office will be closed from April 12 through May 1. Manager of Construction and Engineering Gerry Welsh updated the Council on progress on the Fourth and Adams Street Park. The hope was to continue construction on this project in the next two to three weeks. Welsh also stated that the Environmental Assessment for the North Forest Acres Road Levee project was expected to be completed in a couple of weeks. In response to a question from Shafer, Welsh stated that the new Fourth and Adams Street bathrooms should be completed by Memorial Day Weekend. Other Reports, Announcements and Presentations. Planning and Zoning Commissioner applicant Tim McDonald, Mile Two Nash Road, Seward, Alaska. McDonald stated that he was born and raised in Seward and was deeply committed to the progress of Seward. McDonald added that he looked forward to working with the other Planning and Zoning Commissioners. Council Member Stu Clark updated the Community on his recent trip to Juneau to attend the Alaska Municipal League Legislative Committee. Clark explained that the most pressing issue City of Seward, Alaska City Council Minutes Volume 35, Pnge619 April 8, 2002 concerned the finances of the State of Alaska, and the committee he is a member of, revenue and finance, made recommendations to the full Municipal League and lobbied the Alaska Legislature. David Brossow reported on Senator Murkowski's recent trip to Seward. Brossow explained that he, along with Council Member Orr, City Manager Janke, and Personnel Officer Ecklund toured Seward with Senator Murkowski. The tour included the Seward Marine Industrial Center, the proposed Small Boat Harbor East expansion area, the proposed Alaska Railroad expansion area, the Qutekcak Shellfish Hatchery, and the Alaska SeaLife Center. Senator Murkowski at the Mayor's luncheon. Orr added that Murkowski was a real champion for natural resource development and was receptive to developing the Qutekcak Native Tribe's Shellfish Hatchery. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Andy Mezirow, 213 Bear Drive, Seward, spoke in support of Resolution 2002-032. He clarified that now sport fishers could only catch 3 fish outside Resurrection Bay there would be increased pressure to catch fish within Resurrection Bay. This resolution would help add more salmon to Resurrection Bay. In response to a question from Clark, Mezirow explained that most of the charter boat effort was directed to Silver Salmon, as opposed to other species, such as Kings or Pinks. In response to Branson, Mezirow stated that it was his understanding that an investment in King Salmon enhancement was not as successful as an investment in Silver Salmon enhancement. Ron Long, Camelot, also spoke in favor of Resolution 2002-032. Approval of agenda and consent agenda Motion (Shafer/Clark) Approve the agenda and consent agenda. Clark added to the agenda by Unanimous Consent a request to hold a work session for the purpose of discussing city building codes. At the recommendation of the City Clerk the appointment of Timothy McDonald to the Planning and Zoning Commission was deleted from the consent agenda because McDonald did not have an Alaska Public Offices Commission financial disclosure statement as part of his application for commissioner appointment. Amendment (Clark/Branson) Amendment passed Hold an executive session at the end of the Council Meeting in order to receive legal advice pertaining to threatened litigation from Swalling Construction Unanimous City of Seward, Alaska City Council Minutes April 8, 2002 Volume 35, Page6 2 0 Main motion passed Unanimous The Clerk read the following approved consent agenda items: Resolution 2002-031, authorizing the City Manager to enter into a contract with Kenai Chrysler Center Inc. for the purchase one (1) police patrol vehicle at a cost not to exceed $23,385.00. Resolution 2002-035, requesting FY 2003 Safe Communities Funding from the Department of Community and Economic Development. Resolution 2002-036, supporting the continuation of the Seward Recorder's Office. Non -objection to the renewal of a package store liquor license for Three Bears. Public hearings - None. Unfinished business - None. New business Resolution 2002-032, authorizing the City Manager to purchase 100,000 salmon smolt from the Cook Inlet Aquaculture Association in order to enhance the Resurrection Bay salmon fishery and appropriating $15,000 from the General Fund Balance Motion (Orr/Brossow) Approve Resolution 2002-032. As sponsor of the resolution, Orr explained that this issue came to Seward's attention because these salmon smolt were ready to be purchased and if the Seward Community did not purchase them Homer was interesting in making the purchase. Orr explained that $15,000 was a only a small portion of the actual cost to raise these smolt. Orr continued by explaining that the Charterboat Association was ready to do a self -tax on top of the business license fee in order to have additional funds for salmon enhancement. From discussions with the City Administration it was his understanding that there would not be much of an administrative burden to administer this fee, it would mostly a pass -through type of situation between the businesses and the City. Erchinger suggested that the Council keep an open mind about charging businesses different license fees because this would create a two tiered system that could create equity problems. Erchinger wasn't sure if the City could legally tie the fee to city business licenses. Orr responded that the intent was not necessarily to tie the fee to the business license, but rather to have the City Administration find some mechanism to charge all the charter boats a fee. Motion passed Unanimous City of Seward, Alaska City Council Minutes Volume 35, Page6 21 April 8, 2002 Resolution 2002-0339 authorizing the City Manager to pay NC Machinery Company an amount not to exceed $62,670 to repair the 1982 CAT 140 Grader and the 1980 CAT 966 loader and appropriating $62,670 from the General Fund Fund Balance Motion (Clark/Shafer) Approve Resolution 2002-033 Erchinger explained that this resolution was requesting authorization for the City Manager to spend $62,670 to repair two pieces of equipment, one which failed last year and one which recently experienced a failure. Erchinger explained that NC Machinery was the only Caterpillar Company in Alaska and NC Machinery was the only available company that would provide a one year warranty on their work. In response to a question from Shafer, Public Works Director W.C. Casey stated that he believed that after these repairs he would hope that the engines would last an additional 8-10 years. Based on the expected extension of life to the equipment it was his recommendation to repair this equipment instead of buying new. Motion passed Unanimous Resolution 2002-034, authorizing lot clearing and site preparation for the construction of a fire station at Lot 10A, Fort Raymond Subdivision, to include transferring fill material from the Seward Marine Industrial Center area and appropriating and authorizing the expenditure of up to $50,000 as a cash match requirement on a potential $500,000 State of Alaska grant for the construction of a new fire station Motion (Clark/Brossow) Approve Resolution 2002-034 Erchinger explained that this resolution was required to assist in the pursuit of grant funding for a State of Alaska grant for the construction of a new fire station on the north end of town. Fire Chief David Squires explained that the Alaska Department of Community and Economic Development stated that one third of the project must be supplied by the applicant, and the Department of Community and Economic Development did not consider that the City met this requirement unless there were city contributions that were in addition to the donation of city land. In response to a question from Branson, Squires explained where the fire station would be located and that no work would be done on the lot unless the grant was approved. In response to a question from Blatchford, Squires explained the Community was aware of this project and that the acceptance of any grant would need to come back to the Council for approval. Motion passed Unanimous City of Seward, Alaska City Council Minutes April 8, 2002 Volume 35, Page622 Other New Business Items Seward Charterboat Association's proposal to increase city business license fees for charter boats, with proceeds dedicated to the purchase of salmon smolt to enhance the Resurrection Bay Silver Salmon fishery Clark stated that he wanted the Administration to review the legal aspects of having two tiered business license fee system and then come back to the Council with a recommendation. There were no objections Clark's recommendation. Blatchford reminded the Council that most of the comments on this topic were mentioned earlier in the evening under Resolution 2002-033. Appointing Timothy McDonald to fill a vacated seat on the Planning and Zoning Commission whose term will expire in February 2003 The Council unanimously postponed to the next regular council meeting the appointment of Timothy McDonald to the Planning and Zoning Commission in order to give him an opportunity to submit his Alaska Public Offices Commission financial disclosure paperwork. Recruitment for a new City Clerk The Council agreed to start recruitment for a new City Clerk and set an application an April 26 application deadline. In response to Blatchford, Reilly stated that his first day working for the North Slope Borough was May 6 and his last day on the Seward job might be as early as April 29. Clark stated that the City Clerks have been recruited in the past and this hiring process should be reviewed. In response to a question from Blatchford, Personnel Manager Cindy Ecklund stated that the last time the City Clerk was hired it was advertised broadly. The City Clerk that was hired in the early 80s that took the position was a city employee at the time, but Ecklund was unsure if the position was advertised to the public at that time or only advertised to city employees. The Council agreed to advertise broadly for the position and have an application deadline of April 26. Blatchford asked Clark to work with the City Clerk to develop a hiring procedure for his replacement. Set a City Council Work Session regarding Adoption of International Building, Residential, and Fire Codes City of Seward, Alaska City Council Minutes City of , Seward, Volume 35, Page6 2 32002 Apri The Council agreed to hold a work session at noon on Tuesday, April 23, in order to discuss amending the City Code to adopt International Building, Residential, and Fire Codes. Informational items and reports (No action required) Seward Alice Pickett Memorial Animal Shelter March 2002 Report. Council comments Orr expressed his condolences to the Gillespie family regarding the untimely death of John. Brossow expressed his condolences to the Gillespie family concerning the death of John Gillespie. Brossow added that he had known John all his life. In addition to John, the Seward area was also mourning the death of Fish and Wildlife Officer Jack Taylor, and Brossow expressed his condolences to Jack's wife, Kathy, and the Taylor family. Clark also expressed his condolences to the Gillespie family, noting that John was one of the first Sewardites he met. Blatchford thanked the Chamber of Commerce, the Alaska SeaLife Center and Scott Janke for the assistance in hosting the Murkowski lunch. It was a good event, with about a hundred people attending. Blatchford said he was saddened by the untimely deaths of Jack Taylor and John Gillespie. Citizens' comments Ron Long, Camelot, stated that the Chamber of Commerce was not opposed to enhancing the Silver Salmon fishery, but the Chamber was just not able to officially give their support until after the next regular Chamber of Commerce Board meeting. Council and administration response to citizens' comments Adjournment The meeting was adjourned at 9:20 p.m. /A Patric Reilly ,�ill •� Edgar Blatchford City Clerk � ��upF Mayor ••.......• �dr (City Seal) •° TF• �� • •—.— O 5�ZOa +00 City of Seward, Alaska April 13, 2002 Call to order City Council Minutes Volume 35, Page624 The Saturday, April 13, 2002, special meeting of the Seward City Council was called to order at 10:00 a.m. by Vice -Mayor David Brossow. Opening ceremony The Council pledged allegiance to the flag. Roll call There were present: David Brossow, Vice -Mayor, presiding, and Margaret Branson Michael Calhoon Stu Clark Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Brad Meyen, City Attorney, appeared telephonically Patrick Reilly, City Clerk Absent were: Edgar Blatchford Nathan Orr Citizens' comments on agenda items not scheduled for public hearing Sandra Reese, Providence -Seward Medical Center Administrator, spoke concerning Resolution 2002-037, stating that Providence had a strong history of working with small rural communities. Providence had worked successfully with Kodiak Island Borough, and was currently looking at working closely with the City of Valdez. The issue coming up with Wesley Rehabilitation and Care Center (Wesley) was an emergency and Providence would be asking the City of Seward to enter into an arrangement with Providence that was similar to the arrangement being worked out between Providence and Wesley. Approval of special meeting agenda Motion (Clark/Branson) Approve the Special Meeting Agenda Motion Passed Unanimous City of Seward, Alaska City Council Minutes volume 35, Page 2 5 April 13, 2002 New business City Manager Scott Janke explained that he and Mayor Blatchford traveled Washington DC to work on short term financial assistance to help Seward with its health care needs and a review of long-term funding mechanisms to help solve Seward's long term health care needs. Westcare Management Administrator Van Moore gave an update on the negotiations between Providence, Wesley, and the State of Alaska. Providence had agreed to accelerate the lease process between Providence and Wesley, and Doug Bruce, of Providence Hospital, would be in Seward on Monday to participate in a conference that would have all of the negotiating parties in the room at the same time. Moore explained that if he did not walk away with an agreement from all the parties Moore would start the process to close Wesley. Branson stated that she thought it was critical to hear from members of the Wesley Board. In response to Branson's request, Board President Pastor Dwayne Chase stated that the Wesley Board voted early last week to invite Providence to enter into an agreement with Wesley to provide administrative services. Chase explained that there was no intention for Wesley to create roadblocks in reaching an agreement between the parities and felt that it was fortunate that Providence was here to prevent a closure of Wesley. The hope was to create a co -management agreement in a timely manner. Brossow allowed members of the audience to ask questions, and in response Gene Skinner asked why there was such a rush to make decisions. In response to Skinner, Janke explained that there was a court order that required Wesley to resolve their health care issues much quicker than originally anticipated. Providence and Wesley had originally thought they had a longer timeline to continue their co -management negotiations, and only recently learned that they did not have the luxury to continue their negotiations over a longer time period. Chase added that there had been a lot of good faith dialogue between the two facilities and that firm commitments had taken place over the last six months. Resolution 2002-037, authorizing the City Manager to explore and investigate acquiring a real property interest in Wesley Rehabilitation and Care Center. Motion (Clark/Branson) Approve Resolution 2002-037 Brossow ruled that Shafer, an employee of Providence Hospital, had a conflict of interest on this resolution and could not vote or participate in the discussion. City of Seward, Alaska City Council Minutes April 13, 2002 Volume 35, Page626 Janke explained that the prior discussion during this meeting amply explained the circumstances of the resolution and approval of this resolution will supply support from the City to help solve the problem. Branson stated that during this process she wanted the Council to be kept closely informed and did not want to have any surprises. Clark stated that he wholeheartedly agreed with Branson and wondered if a member of the Council could be present during Monday's meeting. Janke suggested that the Mayor, or the Vice -Mayor, be present at Monday's meeting. Brossow explained that this issue will come back before the council at future meetings and he thought it was very fortunate to have both Providence and Wesley working on a better health care system. Motion passed Yes: Branson, Brossow, Calhoon, Clark No: None Abstain: Shafer Council comments Calhoon thanked everyone that had been involved in the negotiating process. Branson stated that this would be a long drawn out process and hoped that the community would be able to solve some long-term standing problems. Clark wished everyone well in the negotiating progress. Brossow echoed everyone's comments. Shafer stated that health care can be an explosive issue in Seward and there had been previous occasions where the community had been torn apart. This time, she hoped the community would realize that health care issues were always changing and there was a real need for the community to work together. Shafer thanked the audience for appearing at a Saturday morning meeting. Janke added that Mayor Blatchford felt his time was more valuable to be in Washington, D.C. today to continue working on this issue. Citizens' comments Van Moore thanked the City Council for their support and endorsement in the negotiating process. City Council Minutes City of Seward, Alaska Volume 35, Page 27 April 13, 2002 Council and administrative response to citizens' comments Branson explained that this has not just come up out of the blue, this has been an ongoing situation for a while and co -management was the solution for small town health care. Clark stated that there was an international conference on the demographics of aging and today's council action was working to help solve this issue. Clark thanked Moore for his time and energy. Brossow stated that he knew that Seward and the community would rise to the occasion. Adjournment The meeting was adjourned at 11:15 a.m. -- Reilly Edgar Blatchford PatriffCity Clerk 40 of: ► 4F* Mayor Ot (City Seal) '�;stla7�3i�•• City of Seward, Alaska April 22, 2002 Call to order City Council Minutes Volume, Page 6 2 8 The April 22, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Chapman led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson David Brossow Michael Calhoon Stu Clark Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Christy Terry, Assistant City Clerk Absent Nathan Orr Special orders, presentations, and reports Proclamations and Awards. Sister City Student Exchange Coordinator Lani Lockwood introduced the current exchange students and noted that this was the 301" year of the student exchange program. Heather Apperson, Kristin Kania, and Jason Rowley thanked the Council for the opportunity to travel to Japan as representatives of the City of Seward. Lockwood then mentioned Obihiro's 1201" anniversary and their invitation for Seward to send a delegation. Proclaiming May 4, 2002 as Super Saturday Clean Up and Garbage Amnesty Day Mayor Blatchford presented Parks and Recreation Director Karin Sturdy with the proclamation. City of Seward, Alaska City Council Minutes April 22, 2002 Volume, Page 6 2 9 Borough Assembly Report. Assembly Member Ron Long stated that the Borough's Transportation Wish List was whittled down from 31 items to 4 items and that the Lowell Point Road Spruce Creek Bridge was still included. City Manager's Report. City Manager Scott Janke reported on the following items: -He noted that this was the last time Chief Chapman would lead the pledge of allegiance for the Council. -Janke discussed the successful trip he and the Mayor took to Washington D.C. to discuss the East Harbor expansion and health care issues. -He reported that on his way back to Seward from D.C., he attended a Seward Boat Owners meeting held in Anchorage. -Janke informed the Council that British Petroleum would be conducting a Table Top oil spill exercise on May 23. -He reported to Council that the Police Chief interviews were being held this week. -Janke discussed the City's Comprehensive Plan with the Contractor and the Planner today. The delay in the completion was because the Borough no longer provided mapping services to the City. The Administration would be bringing forward a draft for the Council to review in about a month. -He updated the Council on the status of the Salmon Smolt funding. Janke and the Finance Director had come to the conclusion that the only way to charge the fee would be to tie it to the business license. -Janke concluded by informing the Council that the Kenai Borough Peninsula Assembly would be meeting in Seward on May 7. He stated that traditionally the Council treats the Assembly to dinner. Other Reports, Announcements, and Presentations. Homer Electric Association's Proposal to Purchase the City of Seward Electric Utility Homer Electric Association (HEA) Executive Director Norm Story presented the proposal including: improved service, potential to lower future rates through reduced costs, and a geographic fit. Story concluded by outlining the proposed financial terms to pay Seward $18 million for electric assets over a 5 year period. City of Seward, Alaska City Council Minutes April 22, 2002 Volume, Page 63 0 In response to Branson, Norm Story stated that the 5 year term was to help soften the impact of losing the yearly revenue from the Electric Fund prior to a permanent fund being established. He then stated that HEA felt that their offer was as high a price as they would pay. Blatchford stated that the Council would proceed with maximum public involvement. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Seward High School Student Body President Eric Johnson spoke in support of Resolution 2002-041 supporting the Our Kids First Rally. Seward High School Student Nick Swann spoke in support of Resolution 2002-041. George Hiller,13160 Cherrywood, spoke in opposition of Resolution 2002-032 to buying salmon smolt that was passed at the previous meeting. Seward Educator Charlie Cringle spoke in support of Resolution 2002-041. Randy McFarland, mile 6.5 Seward Highway, spoke in support of Resolution 2002-039 establishing policies and procedures for a transient vendor in the Harbor. Chamber Executive Director Helen Marrs spoke in support of Resolution 2002-038 authorizing the discharge of fireworks by the Chamber of Commerce during the 4th of July. Approval of agenda and consent agenda. Appointing Timothy McDonald to fill a vacated seat on the Planning and Zoning Commission was added to the consent agenda without objection. Motion (Clark/Shafer) Approve the agenda and consent agenda as amended Motion passed Unanimous The Clerk read the following approved consent agenda items: Appointing Timothy McDonald to fill a vacated seat on the Planning and Zoning Commission with a term that will expire in February 2003. Resolution 2002-038, authorizing the discharge of fireworks by the Chamber of Commerce during the 2002 Independence Day Celebration. City of Seward, Alaska City Council Minutes April 22, 2002 Volume, Page 6 31 Resolution 2002-040, authorizing the City Manager to award a contract to Resurrection Rentals for portable toilet services. Resolution 2002-041, supporting the Our Kids Count Rally on April 24, 2002. Resolution 2002-044, supporting the recertification of the Prince William Sound Regional Citizens' Advisory Council as the alternative voluntary advisory group for Prince William Sound. Resolution 2002-045, authorizing the City Manager to accept a grant in the amount of $19,264.44 from the Alaska Highway Safety Office for bicycle safety and police bicycle patrol, appropriating $4,338.20 from the general fund and authorizing expenditures totaling $23,602.64 in the Bike Safety 2002 Fund. City Council March 11, 25, and April 8 and April 13 meeting minutes. Appointing Christy Terry as Acting City Clerk starting May 2. Public hearings. None. Unfinished business — Approved under consent agenda. New business Resolution 2002-039, establishing vendor policies and procedures and establishing one vendor site on city property in the Harbor Plaza. Motion (Brossow/Blatchford) Approve Resolution 2002-039 Janke reminded the Council that they had directed the Planning and Zoning Commission to make a recommendation back to Council on this issue. He noted that if adopted, this resolution would establish policies and procedures and allow one vendor site in the Harbor Plaza. In response to Clark, Janke stated that Planning and Zoning had developed the minimum amount for the vendors to bid, but that it did not come close to an estimate of the price of staff time. He noted it was hard to judge how much time would be needed to enforce the policies that were established. In response to Clark, Planner Rachel James verified that the vendor carts had to be totally free standing and could not hook into electricity with an extension cord. Shafer stated she would vote against the resolution because of the surrounding business owners' major investment in their physical location. She noted that the vendors would only have to invest the minimum bid of $500. There was no second to Clark's motion to amend the minimum bid amount to $1000. City of Seward, Alaska City Council Minutes April 22, 2002 Volume, Page 632 Motion failed. Yes: Brossow No: Branson, Calhoon, Clark, Blatchford Absent: Orr Resolution 2002-042, establishing the Hospital Economic Loss Protection Fund to finance potential operating losses per amendment No.1 to the lease and operating agreement between the City of Seward and Providence Health System in Washington, and appropriating $250,000 from the General Fund Balance to the newly established Fund. Motion (Clark/Brossow) Approve Resolution 2002-042. Janke stated the Council had approved Resolution 2002-030 that amended the lease agreement with Providence Health System in Washington and accepted financial responsibility up to $250,000. He noted that when 2001 ended, there was approximately $288,000 not spent. This fund was being created with that money. Shafer asked for a ruling from the Chair if she had a conflict of interest since she worked for the local branch of Providence Health System. The Mayor ruled that Shafer did have a conflict of interest. Motion approved. Other New Business Items Yes: Branson, Brossow, Calhoon, Clark, Blatchford No: None Absent: Orr Abstain: Shafer Rescheduling annual work session between the City Council and the Planning and Zoning Commission to Monday, May 13, at 6:00 p.m. The Council scheduled the Planning and Zoning work session for May 13`h and scheduled a Special Meeting on April 29`h to evaluate the City Manager. City Clerk recruitment: Establishing a work session schedule. Clark asked the Council to schedule two Special Meetings: April 29`h to review Clerk applications and then May 2"d for interviewing the finalists. These meetings were scheduled without objection. Randy McFarland: Appeal of Administration's denial of Seward Small Boat Harbor boat slip. City of Seward, Alaska City Council Minutes April 22, 2002 Volume, Page 633 Council questioned the administration on what the procedure for evaluating the appeal and they were referred to opinion written by the City Attorney. Motion(Clark/Calhoon) Postpone appeal to the next Regular Council Meeting on May 13, 2002. Motion Passed Unanimous Informational items and reports Department Monthly Reports. City Council work session at noon on Tuesday, April 23, to review adoption of International Building, Residential, and Fire Codes. Harbor and Miscellaneous Accounts Receivable Cancellation. City Clerk's Exit Report. Lowell Point Road and Spruce Creek Bridge Project. Senator Stevens' April 17, 2002 Report to Alaskans. Council comments Brossow congratulated our Sister City Obihiro on their 120`h anniversary. He also congratulated the exchange students who were chosen. Brossow noted that Super Saturday scheduled on May 4th was a great opportunity to take pride in cleaning up Seward. Shafer said goodbye to Chief Chapman and thanked him for all his good work in the community. She also said goodbye to City Clerk Patrick Reilly and stated she would miss him because of his good advice, his ability to see all sides of an issue and his quick response to her requests. Clark stated he would miss both Chief Chapman and Clerk Reilly. He noted that he and Chapman had worked on a number of Eagle Scout Boards together and that Reilly was a great friend. He wished them both well at their endeavors. Calhoon echoed Clark and Shafer's comments regarding Clerk Reilly. He noted that Chapman was a great Chief of Police. Calhoon also thanked Rachel James and wished her well at her new employment. Branson said goodbye to Chief Chapman and Clerk Reilly. Branson stated that she was able to give Reilly's future employer a good reference and had even worked with Reilly 20 years ago on a slime line. She wished Rachel James well and hoped that there would not be any more city City of Seward, Alaska City Council Minutes April 22, 2002 Volume, Page 6 3 4 employees leaving their jobs. Branson encouraged everyone to clean up Seward. Blatchford read a proclamation to Chief Chapman that was written for his retirement party. Blatchford stated that the City was losing 3 very good employees: Rachel James was very competent and objective, Chief Chapman was very fair and raised the Police Department to the highest levels of excellence and City Clerk Patrick Reilly treated all Council Members very fairly, the staff with respect and the citizens of Seward with honor. Citizens' comments Nick Swann provided the Council with a copy of a petition in support of Resolution 2002- 041 signed by the students at Seward High School. He thanked the Council for their support. Marilyn Sutherland, Exalted Ruler of the local Elks Chapter, stated that there would be about 250 people assembling in Seward from 19 different lodges across the State. Council and administration response to citizens' comments Brossow congratulated Marilyn Sutherland on her Exalted Ruler status. He then thanked Patrick Reilly and Rachel James for the outstanding job they both did for the City. Brossow stated he did not want to say goodbye to Chief Chapman after their many years of being good friends and law enforcement partners, but would rather say, "See ya soon!" Brossow thanked the Chief for what he has done for the City and the Seward Police Department. Clark wished Rachel James well in her new job and thanked her for all her hard work in the Community Development Department. Blatchford thanked both high school students who came to the Council Meeting to show their support on Resolution 2002-041. Adjournment The meeting was adjourned at 9:15 p.m. a, (I q1 Edgar Blatchford Mayor City of Seward, April 29, 2002 Call to order Alaska City Council Minutes Volume 35, Page635 The Monday, April 29, 2002, special meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Council Member Shafer led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford, presiding, and Margaret Branson David Brossow Stu Clark Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Patrick Reilly, City Clerk Christy Terry, Assistant City Clerk Absent was: Michael Calhoon Citizens' comments on agenda items not scheduled for public hearing and Citizen Comments Ken Ryfkogel, 232 4"' Ave, spoke in support of Scott Janke. Approval of special meeting agenda Motion (Branson/Clark) Motion (Clark/Brossow) Approve the Special Meeting Agenda Schedule an executive session performing the City Manager's semi-annual evaluation, schedule an executive session for the purpose of discussing City Clerk applications and add under new business "Applicants to be interviewed by City Council for the position of City Clerk." City of Seward, Alaska City Council Minutes April29, 2002 Volume 35, Page636 Amendment Passed Unanimous Main Motion Passed New business Unanimous Council convened into an executive session to perform the City Manager's semi-annual evaluation and discuss City Clerk applications. Council came out of executive session at 9:25 p.m. Applicants to be interviewed by City Council for the position of City Clerk. Clark stated that the Council had reviewed the applications for the City Clerk position. Council had developed a short list of finalists to interview: Cindy Ecklund and Jean Lewis. Clark noted that the Clerk's Office would contact the applicants and schedule their interviews. The Council unanimously concurred with Clark's report. During Council discussion it was decided that interviews would be held on Thursday, May 2, at 7:15 and 8:15 p.m., the two finalists would be given copies of the interview questions in advance and would write their answers to questions 8 and 9 in essay form. The Council further decided that they would meet in a work session fifteen minutes prior to the first interview to discuss the format for the interviews. After both interviews they would hold a Special Meeting for the purpose of going into executive session to discuss the applicants. After the executive session they would either announce their choice or schedule further meetings. Council comments- None. Citizens' comments- None. Council and administrative response to citizens' comments- None. Adjournment The meeting was adjourned at 9:35. Citnsty Clerk .Assistapt•7� S,*7/�-1- Edgar Blatchford Y F•. Mayor (City Seal) 01 ;�a,,�.r ? � „°°•��, 7C , �114,11l iIIIA City of Seward, May 2, 2002 Call to order Alaska City Council Minutes Volume 35, Pag637 The Thursday, May 2, 2002, special meeting of the Seward City Council was called to order at 9:45 p.m. by Mayor Edgar Blatchford. Opening ceremony The pledge of allegiance to the flag was recited. Roll call There were present: Edgar Blatchford, presiding, and Margaret Branson David Brossow Stu Clark Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Christy Terry, Assistant City Clerk Absent was: Michael Calhoon Citizens' comments on agenda items not scheduled for public hearing and Citizen Comments Approval of special meeting agenda Motion (Orr/Brossow) Approve the Special Meeting Agenda Motion Passed Unanimous New business Executive session for the purpose of discussing City Clerk Candidates. Motion(Clark\Branson) Executive session for the purpose of discussing City Clerk Candidates Motion Passed Unanimous City of Seward, May 2, 2002 Alaska City Council Minutes Volume 35, Pag63 8 Council convened into an executive session for the purpose of discussing City Clerk Candidates. Council came out of executive session at 10:25 p.m. Motion (Clark/Branson) Appoint Jean A. Lewis as City Clerk subject to successful contract negotiations and full council approval. Clark stated that the City Council met in executive session and carried on a comprehensive discussion of each candidate. Motion Passed Unanimous After Council discussion Council Member Clark was appointed to conduct contract negotiations with Jean A. Lewis on behalf of the City Council. Council comments Shafer thanked both the candidates and stated she appreciated their efforts. Branson requested that the Clerk's Office send letters to the applicants that were not chosen. She noted that both candidates were very qualified. Brossow stated that this was a very difficult decision because both applicants were so qualified. Clark concurred with the other Council Members' remarks. Citizens' comments - None. Council and administrative response to citizens' comments - None. Adjournment The meeting was adjourned at 10:30. Christy Terry, ' Acting City Clerk (City Seal) 0 r r `OF VAL. OW a-, 13 ��- Edgar Blatchford Mayor J City of Seward, Alaska May 13, 2002 Call to order City Council Minutes Volume, Page 63 9 The May 13, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Acting Chief Tiner led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson David Brossow Michael Calhoon Stu Clark Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Brad Meyen, City Attorney Christy Terry, Acting City Clerk Absent None. Special orders, presentations, and reports Proclamations and Awards. Teacher Appreciation Week. Seward Elementary School Teacher Katy Turnbull accepted this proclamation on behalf of Seward's Teachers. National Correctional Officers' Week. Spring Creek Director Craig Turnbull accepted this proclamation on behalf of Seward's Correctional Officers. National Preservation Week. Historic Preservation Commission Chair Jeanne Galvano accepted the proclamation on behalf of the Commission. 2002 Historic Preservation Award recipients: Kerry Martin and Dan Seavey. Dan Seavey thanked the Council for his award. City of Seward, Alaska City Council Minutes May 13, 2002 Volume, Page 640 National Police Week and Peace Officers' Memorial Day. Nobody Gets Hurt Month. 2002 Alaska Emergency Management Conference Award presented to Mayor Edgar Blatchford and Fire Chief David Squires. City Manager's Report. City Manager Scott Janke reported on the following items: -Janke thanked the Police and Parks and Recreation Department for conducting the Bike Rodeo on Saturday. -He informed the Council that the City had received twenty-one applicants for the City Planner position. -Janke noted that this weekend was the Seward Harbor Opening Weekend (SHOW) and encouraged everyone to attend the festivities in the Harbor. -He noted that the Department Reports would be coming to the Council in a new format beginning at the next meeting. Engineering and Construction Director Gerry Welsh stated that he was continuing to work with the permitting agencies involved with the North Forest Acres /Japanese Creek Levee project and expected to have a final decision on the placement of the levee in the next few weeks. The best -case scenario was that the construction on the levee could begin in November. Janke reported that the administration and members of the Council had been working with Providence and Wesley to facilitate co -location. He asked Council Member Clark to give an update. Clark stated that currently a memorandum of agreement was in place between Wesley and Providence. This agreement began on April 22 and would end on August 31 with the possibility of two one -month extentions. He noted that the long-term solution would be for the City to acquire an ownership interest in the land and buildings where Wesley was now located and lease the facilities to the operator of a co -located hospital and long-term care facility. City Attorney's Report. City Attorney Brad Meyen stated that in addition to normal City business items the Law Firm had been primarily working on the question of co -location between Wesley and Providence. Historic Preservation Commission applicants: Sherry Appel, Iris Darling and Connie Spencer. General Manager of the Van Gilder Hotel Connie Spencer gave a presentation on her qualifications for the Historic Preservation Commission. Spencer had a history degree from Penn City of Seward, Alaska City Council Minutes Volume, Page 641 May 13, 2002 State and had a passion for historic architecture. She stated that working as general manager of the Van Gilder was a constant reminder of Seward's wonderful historic heritage. Other Reports, Announcements, and Presentations- None. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Carol Griswold, 412 1st Avenue, spoke in support of Resolution 2002-052. She also stated that the Community Development Department should be returned to their former support staff levels. Griswold noted that this department was overwhelmed with work and the City was experiencing the repercussions. She then spoke about her concerns in pursuing Yukon Fuel's plan to place a tank farm in an environmentally sensitive area in Seward. Centennial Coordinator Sandy Wassilie gave an update on the progress of the Centennial plans. She noted that the Alaska Legislature had passed an honorarium for Seward's Centennial. Wassilie noted that the public could access Centennial activities off the Centennial Web Site located at www.seward100th. She reported that a delegation of Sewardities would be visiting our SisterCity of Obihiro, Japan to celebrate their 120`" anniversary during the end of this Octobe)r, d ro would be sending a delegation to help celebrate our Centennial. Wassilie suggested the City schedule Obihiro's visit during the 2003 Salmon Derby. Carol Chardiere, 1129 Cliff View Place, updated the Council on the revised design of Kawabe Park. She noted that a retaining wall with vegetation was no longer needed to hide the building to the south. In response to Council questions, City Manager Scott Janke stated that all change orders and other items regarding Kawabe Park would go through the Manger of Construction and Engineering Gerry Welsh. Gene Bradley, 430 4`t' Avenue, stated she wanted the Council to designate 3 spaces of 15 minute parking in front of her business. Janke stated he would meet with Bradley in the morning. Approval of agenda and consent agenda. Motion (Brossow/Clark) Approve the agenda and consent agenda Motion passed Unanimous The Clerk read the following approved consent agenda items: City of Seward, Alaska City Council Minutes May 13, 2002 Volume, Page 642 Introducing Ordinance 2002-03, amending the Land Use Plan and Zoning designation of Lots 1-3, Block 10, Original Townsite of Seward and Lot 16, Block 11, Laubner Addition to Park. Rescheduling May 27, 2002 Regular City Council Meeting to May 28, 2002. Consenting to the submittal of the Seward Original Townsite, Senior Center Replat to the Kenai Peninsula Borough for approval. Public hearings. Resolution 2002-047, authorizing the sale of Lot 2, Block 1, Fourth of July Creek Subdivision, Seward Marine Industrial Center, and a non-exclusive pipeline easement to Shoreside Petroleum, Inc. for a total purchase price of $36,700. Motion (Clark/Branson) Approve Resolution 2002-047 Janke stated that the Council had authorized this property for disposal in January via sole source negotiation. He noted that the Administration used the appraisal completed in 2000 with an added 10 percent to develop the purchase price for the lot and then calculated the price per square foot for the purchase price of the easement. Branson suggested they use the sale money to build restrooms at the Seward Marine Industrial Center. Motion passed Unanimous Unfinished business Randy McFarland Appeal. In response to Council questions, Brad Meyen stated the Council was not obligated to hear Randy McFarland's appeal. Motion (Calhoon/Shafer) Hear Randy McFarland's appeal of denial of boat slip Motion Passed Unanimous After Council discussion it was decided that Randy McFarland would be given 5 minutes to present his appeal and then the Administration would be given 5 minutes to present their side. Both parties would also be allowed to rebut. Randy McFarland, Mile 6.5, thanked the Council for hearing his appeal. He stated that the City Manager and the Harbor Master had both been very helpful in trying to resolve this issue. City of Seward, Alaska City Council Minutes May 13, 2002 Volume, Page 643 McFarland noted that in this case the Seward City Code was too restrictive and after paying for years to be on the waitlist for a boat slip this situation could happen to anyone who was gone for an extended period of time. He clarified that he was confused about what the certified letter from the City was regarding because he was also in communication with the Community Development Office regarding a vendor site in the Harbor. In response to Council questions, McFarland stated that there was a mix-up at the post office when he finally asked for the letter. He then testified that he had questioned each City Department if they had sent him the certified letter and each department had told him they did not send the letter. McFarland also informed the Council that he had been on the waitlist for the last 5 years and had moved up about 10-12 spaces in each of those years. This year he had moved up 60 spaces. City Manager Scott Janke stated the Administration had tried to be fair in their review. He noted that the certified letter had remained at the post office for 4 weeks prior to being sent back to the City. Janke stated that the Seward City Code was very clear on how individuals on the waitlist were notified. He was concerned if this appeal was granted then everyone with an excuse would appeal and create extra work for the Harbor. Janke noted that individuals were given ample notification and should take some responsibility in monitoring their place on the waitlist. Janke stated that there were over four hundred individuals on the waitlist for slips and to give McFarland a slip would cause a ripple effect. He concluded by sympathizing with McFarland, but stated he felt the right decision was made. In response to Clark, Deputy Harbor Master Scott Ransom clarified that if a slip opportunity was missed then the individual was placed at the bottom of the list. In response to Orr, the Administration stated it was unusual to move 60 spaces in a year and it was unusual to receive a notice of the award of a slip in the summer. The Administration noted that this unusual circumstance occurred because of the update to the float system being completed. Motion (Clark/Brossow) Motion Passed New business Place Randy McFarland, at the next annual availability of slips, at the top of the waitlist. This action is restricted to the facts presented and shall not be cited as precedence. Yes: Brossow, Clark, Calhoon, Orr, Blatchford No: Shafer, Branson Resolution 2002-043, recommending a moorage rate increase tied to the Anchorage Consumer Price Index. Motion (Clark/Brossow) Approve Resolution 2002-043 City of Seward, Alaska City Council Minutes May 13, 2002 Volume, Page 644 Port and Commerce Advisory Board Chair Ron Willie spoke on behalf of the Board in support of this resolution. He noted that the Board had spent 5 months receiving public comments from user groups and passed their own resolution in support of the moorage rate tied to the Anchorage Consumer Price Index. The last increase to the moorage rate was done in 1993. He noted that the intent of this resolution was to raise rates at a manageable level and avoid a big jump. In response to Orr, Willie stated that the resolution proposing keeping the moorage rates at the current level was not introduced due to lack of a second. Janke stated that the Harbor had done a good job becoming efficient with the moorage rate income and that tying the rates to the Consumer Price Index would be a proactive way to address future needed increases. Orr noted his objection to the resolution stating that: the Administration advocated for the new floats in the harbor because maintenance cost would decrease, the resolution did not clearly state that if the Anchorage Consumer Price Index was to go down then the rate would do the same and if there was going to be an automatic increase in place then there should be a mechanism in place to assure the public that the harbor was running efficiently. Janke clarified that this resolution did not automatically raise the moorage fees. He stated that another resolution changing the tariff would have to be approved by Council. Clark spoke in support of the resolution. Amendment (Branson/Brossow) Add to Section 1. "This resolution to be considered under the 2003 budget process." Amendment Passed Yes: Branson, Brossow, Shafer, Calhoon No: Orr, Clark, Blatchford Orr stated that the strongest argument against this resolution was the fact that rates had not been raised in the last nine years. He noted that if there was no incentive to run efficiently then inefficiencies would develop. Orr facetiously asked if this was such a good idea then why not tie all the rates in the City to the Anchorage Consumer Price Index? Shafer spoke in support of this resolution and noted that PACAB had conducted five months of discussion and public comment. The Council took a ten minute break beginning at 9:10 p.m. Clark noted that the Council was making an important statement by examining the rates. Motion Passed Yes: Branson, Calhoon, Clark, Brossow, Shafer, Blatchford City of Seward, Alaska City Council Minutes May 13, 2002 Volume, Page 645 No: Orr Resolution 2002-0469 purchasing new Meter Reading Equipment for the Electric Enterprise Fund for approximately $16,600. Motion (Clark/Branson) Approve Resolution 2002-046 Finance Director Kristin Erchinger reviewed her agenda statement. She noted that the City had the same ITRON meter reading equipment for the past eight years. This equipment was now at the end of its useful life and the company had also updated their system software to be windows based. Erchinger noted that her department had solicited informal bids and the ITRON equipment was the most user friendly and reliable. Motion approved Unanimous Resolution 2002-0489 approving an employment agreement with Jean Lewis to provide City Clerk services for $48,880 per year. Motion (Clark/Branson) Approve Resolution 2002-048 Clark stated that he had conducted contract negotiations with Jean Lewis on behalf of the Council. He explained that Lewis' contract was essentially the same as the contract with former City Clerk Patrick Reilly. Motion approved Unanimous Resolution 2002-049, granting an exception to Charles David Brossow to be employed by the City of Seward in accordance with Seward City Charter 2.3. Brossow was noted to have a conflict of interest. Janke explained that an exception had to be granted prior to David Brossow being hired to work for the City of Seward. Motion (Clark/Branson) Approve Resolution 2002-049 Motion approved Yes: Calhoon, Shafer, Orr, Branson, Clark, Blatchford Abstain: Brossow Resolution 2002-050, approving the City Manager's appointment of Charles David Brossow as Temporary Chief of Police. Brossow was noted to have a conflict of interest. City of Seward, Alaska City Council Minutes May 13, 2002 Volume, Page 64 6 Janke explained that hiring David Brossow as temporary Police Chief would allow administrative coverage and a fully staffed Police Department during the busy summer season. He stated that this would also allow time for the 2003 City Budget to be proposed with a higher rate of pay for the Police Chief. Janke noted that the Seward Police Chief position was the lowest salary for this position on the Kenai Peninsula. Motion (Clark/Branson) Approve Resolution 2002-049 Motion approved Yes: Calhoon, Shafer, Orr, Branson, Clark, Blatchford Abstain: Brossow Resolution 2002-051, increasing Municipal Camping Fees. Parks and Recreation Director Karin Sturdy noted this issue was discussed during last year's budget process. She states that the City fees were comparable to other camping fees and reviewed the new rates. Sturdy clarified that the rates would not increase during the 4th of July holiday. Motion (Clark/Brossow) Approve Resolution 2002-051 Clark stated that the waterfront camping area was the most beautiful he had ever seen and the public should pay for the wonderful view. Shafer spoke in support of the resolution because it helped raise the funds to pay for the reorganization proposed in Resolution 2002-052. Motion approved Unanimous Resolution 2002-052, authorizing the City Manager to appropriate funds and reclassify: the Sports & Recreation's Program Assistant from a range 4 to a range 12 and change the title to Sports & Recreation Assistant; the main Office Assistant Position from a range 4 to a range 9 and change the title to Recreation Aide/Office Assistant; the Teen & Youth Center's (TYC's) Recreation Leader from a range 6 to a range 12 and change the title to TYC Assistant; the TYC's (other) Recreation Leader from a range 6 to a range 10.5 and change the title to Program Assistant; the Park Maintenance Worker Position (one of two) from a range 8.5 to a range 13.5 and change the title to Park Technician; the TYC Director Position from a range 15 to range 19 and change the title to Programs Supervisor. Janke stated that the goal of this resolution was to create a more stable workforce in the Sports and Recreation Department. He clarified that the new job descriptions allowed cross training and more efficient use of the staff. Janke stated that the Personnel Officer had job shadowed these positions. City of Seward, Alaska May 13, 2002 Motion (Orr/Shafer) Motion approved Other New Business Items City Council Minutes Volume, Page 647 Approve Resolution 2002-052 Unanimous Accepting the resignation from Seward City Council of Council Member Charles David Brossow and declaring his City Council Seat vacant effective May 14, 2002. Brossow was noted to have a conflict of interest. Motion (Clark/Calhoon) Motion approved Discuss Obihiro —120th Anniversary Trip. Accept the resignation of Council Member Charles David Brossow Yes: Calhoon, Shafer, Orr, Branson, Clark, Blatchford Abstain: Brossow Sister City Coordinator Lani Lockwood gave an overview of the invitation from our Sister City. Janke stated that this was on the agenda because some decisions had to be made including; which individuals would have their travel expenses paid for by the City, how many would attend, the length of the visit and how delegates were going to be chosen. Council Member Vanta Shafer was appointed Council liaison to organize the Sister City Adult Exchange. Appointing 2 Applicants to the Historic Preservation Commission. The Mayor appointed and the Council confirmed Sherry Appel and Iris Darling to the Historic Preservation Commission. Mayor Blatchford noted he was impressed with Connie Spencer's qualifications. Informational items and reports Finance Quarterly Report January — March 2002. Seward Alice Pickett Memorial Animal Shelter April 2002 Report City of Seward, Alaska City Council Minutes May 13, 2002 Volume, Page 64 8 Seward City Centennial Liaison Monthly Report March 16 — April 15, 2002. Planning and Zoning Commission recommendation that the City purchase the new Lot 1, Federal Addition, Callahan Replat located on First Avenue adjacent to Two Lakes Park for parking and public access to the park. Senator Murkowski's Office Staff visit on May 14. Council comments Orr bid Brossow goodbye. He stated he was looking forward to Brossow being the Chief of Police and noted the appointment was well deserved. Shafer stated she would miss Brossow on the Council and hoped to see him back on Council after his appointment was completed. She noted her pleasure with the Sports and Recreation reorganization but stated that there were other departments with a high turnover that also needed to be reorganized. Her main concern was for the Community Development Department. Clark welcomed Jean Lewis as City Clerk. He noted that Brossow was not leaving, only moving from one seat in the Council Chambers to another. He concurred with Shafer's remarks regarding the reorganization of City Departments. Calhoon congratulated David Brossow. He noted that there were some issues on tonight's agenda that were not popular, but the Council voted based on what was best for the community. Branson stated she was looking forward to seeing David Brossow in uniform. She noted that the legislature had passed a proclamation honoring Seward's Centennial and reviewed other Seward issues at the state level including; shell fish legislation and funding to improve Nash Road, AVTEC and 4th Avenue. She noted the state legislature was going to conduct a 3 day special session on subsistence. Blatchford thanked Sandy Wassilie and Louie Bencardino for giving up their Saturday to help him host a Russian Trade Delegation. He thanked Margaret Branson for monitoring Seward's issues at the State level and wished her and Vanta Shafer happy birthday. He then thanked Stu Clark for working with the Administration on Wesley co -location. Blatchford noted that Lt. Butch Tiner had done a great job as Acting Police Chief. Blatchford thanked David Brossow for his time on the Council and stated that Brossow had always voted in the best interest of Seward. Brossow thanked the voters of Seward for giving him the opportunity to serve on Council. He thanked Margaret Branson for teaching him many lessons and noted that when Branson traveled to Juneau she did not have to arrange meetings with Senators or Representatives because they all came to meet with her. Brossow thanked everyone on Council and stated he had enjoyed working with everyone. City of Seward, Alaska May 13, 2002 Citizens' comments City Council Minutes Volume, Page 64 9 Randy McFarland, Mile 6.5, thanked the Council for their decision on his appeal and asked them to revisit allowing vendors in the Harbor Plaza. Council and administration response to citizens' comments — None. Adjournment The meeting was adjourned at 10:25 p.m. Christy Terry Acting City Clerk (City Seal) Edgar Blatchford Mayor City of Seward, Alaska May 28, 2002 Call to order City Council Minutes Volume 35, Page650 The May 28, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Brossow led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Michael Calhoon Stu Clark Nathan Orr Vanta Shafer comprising a quorum of the Council; and Rick Gifford, Director of Administrative Services Jean Lewis, City Clerk Christy Terry, Assistant City Clerk Absent None. Special orders, presentations, and reports Proclamations and Awards. A proclamation for Mental Health Month was presented to SeaView Community Services. Cara Fouts, National Parent Teachers Association State Finalist for Photography, Senior Division, was presented with a proclamation. Borough Assembly Report. Assembly Member Ron Long noted his disappointment at the light agenda for the Borough Assembly meeting held in Seward. Long stressed that the Borough had been concentrating on the budget. He stated that one issue that pertained to Seward was the reduced funding for seniors. In response to Branson, Long clarified that the most productive way to increase the senior funding was to call Borough Assembly Members. City of Seward, Alaska City Council Minutes May 28, 2002 Volume 35, Page 651 City Manager's Report. Director of Administrative Services Rick Gifford noted that City Manager Scott Janke was on vacation, and would return on Friday. Gifford stated there was a public meeting regarding the transfer of the Seward Recording Office the following day and urged everyone to attend. He directed the Council's attention to the new format for the Department Monthly Reports. Gifford requested the Council pull Ordinance 2002-04 from the Council Agenda. He concluded by informing the Council and public that Rainbow Trout had been deposited into First Lake. Public Works Director WC Casey informed Council he would be presenting a resolution at the next Council meeting appropriating funds and entering into a contract with Zubeck Inc. to expand water and sewer in the Seward Marine Industrial Center. Casey noted that this company was already expanding these services within the Seward Ship's Chandlery lease parcel. Blatchford stated that the 10 o'clock Recording District Meeting was very inappropriate for citizens who work. He clarified that the Department of Natural Resources was trying to move the location of the Seward Recording Office after 99 years of being located in Seward. Blatchford stated he had made his objections known to the Commissioner of Natural Resources. In response to Branson, City Clerk Jean Lewis stated that a list of all recorded documents were accessible via computer, but the public could not access the actual document in this manner. Other Reports, Announcements, and Presentations. Gold Pan presented to David Brossow for Excellent Leadership and Dedicated Service on the Seward City Council, Serving the people of Seward from October 25, 1999 to May 13, 2002. Vice -Mayor from October 23, 2000 to May 13, 2002. David Brossow stated that he was thankful for the opportunity to serve on Seward's City Council. Joanna Geisler, Independent Living Center, ADA Disability Rights, Citizen's Coalition Education for Accessible Parking. Geisler gave a presentation on the volunteer program to enforce Handicapped Parking requirements. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. The following individuals spoke in support of a long-term lease with the Chamber at their current lease site: Willard Dunham, 600 Alder Ron Long, 32551 Castle Drive Jack Scoby, 423 5t' Avenue Dot Bardarson, 32789 Nash Road, requested a public hearing on the future plans for Kawabe Park. City of Seward, Alaska May 28, 2002 Approval of agenda and consent agenda. Motion (Shafer/Clark) City Council Minutes Volume 35, Page 652 Approve the agenda and consent agenda. Council unanimously pulled Ordinance 2002-04 from the agenda, added a discussion to schedule a work session on the utility sale to Homer Electric, and added a discussion to schedule a work session on updating the Fire and Building Codes. Motion passed as amended Unanimous The Clerk read the following approved consent agenda items: Non -objection to the renewal of liquor license for the Breeze Inn. Non -objection to the issuance of a restaurant/eating place public convenience license for the Peking Restaurant. April 22 Regular City Council Meeting Minutes. Public hearings Ordinance 2002-03, amending the Land Use Plan and Zoning designation of Lots 1-3, Block 10, Original Townsite of Seward and Lot 16, Block 11, Laubner Addition to Park. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Clark/Branson) Approve Ordinance 2002-03. Gifford stated that this ordinance was a recommendation from the Planning and Zoning Commission. Motion passed Unanimous Unfinished business- None. New business City of Seward, Alaska City Council Minutes May 28, 2002 Volume 35, Page6 5 3 Resolution 2002-054, authorizing the City Manager to enter into a contract with Electric Power Systems for a price not to exceed $33,100 to perform maintenance on the Spring Creek load tap changer including supplying all of the necessary parts. Motion (Clark/Shafer) Approve Resolution 2002-054 Gifford stated that this resolution authorized maintenance work on the Spring Creek Load Tap Charger and approved sole source negotiations under City Code Section 6.10.120 (5) with Electric Power Systems. Motion passed Unanimous Resolution 2002-055, authorizing the City Manager to enter into a contract with Swenson 'Construction in the amount of $137,022 to complete the basic bid and additive alternate # 1 items related to the ADA Bus Stop Facility located at Kawabe Park; appropriate $32,502.30 from General Fund Administrative Overhead account number 101-0000-4410-0410; appropriate $38,000 from the FY2001 surplus and $75,698.02 from the General Fund fund balance account number 101-0000-3070-0600; and authorize expenditures in the amount of $146,200.32 to complete the restroom and this phase of the bus stop facility. Motion (Shafer/Calhoon) Approve Resolution 2002-055 Gifford stated he was seeking approval from the Council on the continuation of the Kawabe Park project. He noted that Engineering and Construction Manager Gerry Welsh was hereto answer questions. Clark expressed his desire to postpone discussion of this resolution until a work session was held. Branson stated she would not support this resolution because the spending on this project was close to a half million dollars including the price of the land. In response to Council questions, Finance Director Kristin Erchinger gave a summary of the expenditures and pending expenditures of the project. Shafer stated the purpose of Kawabe Park was to have restroom facilities and a place to take a break. She wanted the park to be completed. In response to Council questions, Engineering and Construction Manager Gerry Welsh clarified that if this money was not appropriated, the project could not continue. Orr supported passage of the resolution. City of Seward, Alaska City Council Minutes May28, 2002 Volume35, Page654 Clark stated he did not support this resolution because the project had not followed the concept approved by the Council in January. In response to Council questions, Engineering and Construction Manager Gerry Welsh stated that this money was needed to make the restrooms functional. The Council took a ten-minute break beginning at 9:00 p.m. Motion passed Yes: Calhoon, Orr, Shafer, Blatchford No: Clark, Branson Resolution 2002-056, authorizing the City Manager to enter into a contract with Electric Powers Systems for an amount not -to -exceed $24,800 for recloser maintenance at Ft. Raymond and Spring Creek Substations. Motion (Clark/Shafer) Approve Resolution 2002-056 Gifford stated that this resolution authorized maintenance work on the Ft. Raymond and Spring Creek Substations reclosers and approved sole source negotiations under City Code Section 6.10.120 (5) with Electric Power Systems. Motion passed Unanimous Resolution 2002-057, accepting a historic preservation fund grant of $17,730 from the State of Alaska, Department of Natural Resources, to plan and produce a Seward Centennial Symposium, and appropriating matching funds of $11,820. Motion (Clark/Shafer) Approve Resolution 2002-057 Gifford stated this resolution was accepting a State grant and appropriated the matching City funds. In response to Clark, Gifford stated that the matching funds were not being taken from the money already budgeted for the Centennial. Motion passed Unanimous Other New Business Items Chamber Boardwalk Lease Site Branson stated she would like the Administration to work with the Chamber in preparing a resolution for Council. Orr noted the commercial importance of the Chamber lease site, and spoke in support of developing a log cabin kiosk in front of the Harbor Master's Office for the Chamber's use. City of Seward, Alaska May 28, 2002 City Council Minutes Volume 35, Page 5 5 Shafer and Orr spoke in support of scheduling a work session with the Chamber Board. Scheduling a work session on the utility sale to Homer Electric Association After Council discussion, a work session to discuss the utility sale to Homer Electric Association was set for June 24th at 6:00 p.m. Scheduling a work session on updating the Fire and Building Codes. After Council discussion, a work session to discuss updating the Fire and Building Codes was set for June 41n Informational items and reports Department Monthly Reports Certified Marina Manager Certificate Presented to James B. Beckham Council comments Clark welcomed Jean Lewis as City Clerk. He congratulated James Beckham on his Marina Manager Certification and also congratulated Library Director Patty Linville on becoming the new president of the Alaska Library Association. Clark noted that House Bill 96 passed the Legislature relating to the State acquiring the Jesse Lee Home. Calhoon reminded the citizens of Seward that the end date to apply for the Council Vacancy was June P at 5:00 p.m. Branson asked the Administration to report on when they were going to paint the Harbor Master's Building and why there were five city trucks parked in front of the Chamber Building. Blatchford congratulated the Graduating Class of 2002, and especially cameraperson Erin Lemas. He noted that this was the largest graduating class and the students received more then $300,000 in scholarships. Blatchford welcomed Police Chief David Brossow. Citizens' comments Ron Long , 32551 Castle Drive, updated the Council on the progress at the Qutekcak Shellfish Hatchery. He thanked the Council for their on -going support. Willard Dunham, 600 Alder, spoke in support of a long-term lease with the Chamber at their current lease site. Dunham suggested moving Mile 0 to Lowell Point where a State Park and City of Seward, Alaska May 28, 2002 City Council Minutes Volume 35, Page656 State Trail Head was located. He surmised that the road would be vastly improved if it was a State Highway. Dunham congratulated Police Chief David Brossow. The following individuals spoke in support of a long-term lease with the Chamber at their current lease site: Pat Marrs, Nashwood Subdivision Jack Scoby, 423 5`h John French, 506 6"' Ave, Council and administration response to citizens' comments Calhoon noted that the Department of Transportation had appropriated funds for the Seward Highway Mile 0-8 Project. Adjournment The meeting was adjourned at 9:50 p.m. risty Terry Assistant City Cl�ui •h •C ... (City Seal) ° Q • SEAL �•�'GNE � �9�:2j,�' • C&, /a " Edgar Blatchford Mayor City of Seward, Alaska June 10, 2002 Call to order City Council Minutes Volume 35, Page 657 The June 10, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Brossow led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Michael Calhoon Nathan Orr Vanta Shafer comprising a quorum of the Council; and Rick Gifford, Director of Administrative Services Jean Lewis, City Clerk Cheryl Brooking, City Attorney Absent Stu Clark Special orders, presentations, and reports Proclamations and Awards. A Proclamation was read welcoming and recognizing U.S. Postmaster General, John E. Potter to Seward over July 4t" weekend. City Manager's Report. Director of Administrative Services Rick Gifford noted that City Manager Scott Janke was in South Korea with Council Member Stu Clark as part of the State of Alaska Korean trade mission. Gifford gave a status update on the Wesley facilities. Seward Police Chief David Brossow gave a report on upcoming events. June 22, 2002, the Hells Angels will be in town. In response to Orr's questions, Brossow stated 200 Hells Angels are coming down from Anchorage and Fairbanks. The group would be camping on Exit Glacier Road. He noted that City of Seward, Alaska City Council Minutes June 10, 2002 Volume 35, Page6 5 8 normally they do a good job of policing themselves. Brossow stated he would talk to the Hells Angel's President. The Hells Angel's had come down numerous times before. In response to Shafer's question of their purpose, Brossow stated there would be a bike rally and a raffle sponsored by a local group. City Attorney Report. City Attorney Cheryl Brooking gave an overview. She stated that most of the law firms time had been spent on the Wesley co -location matter. Other areas of involvement this month were lease matters, planning and zoning issues, boat harbor, and general personnel questions. Other Reports, Announcements, and Presentations. City Council Member Applicants Robert Valdatta 528 5th Avenue, stated he was a 29-yr resident of Seward. He wanted to bring this community back to the people who pay taxes and stay here all year long. From 1973 to the last couple of years, Seward had gone from a town that operated 12 months a year, down to 3 months. Valdatta felt the City's employment situation needed to be looked at. He felt the City needed 2 borough assembly members in this district. Valdatta stated he would appreciate Council's vote and had no axes to grind. He just wanted to bring the community back to the people. Paul Carter 700 5th Avenue, stated he was interested in working on all issues. He wanted to make Seward a better place. He had a diverse portfolio that gave him insight in working with communities. He had been an executive banker dealing with large commercial portfolios for communities around the State. Carter felt he would be an asset to our City, particularly with the challenges the City was facing with the possible sale of the utility, and the hospital issues. He had been the past president of a development corporation whose sole purpose was to bring new industry into a community the size of Seward. Carter had already brought two new businesses into the community. He was currently on the State Board of Alaska Travel Industry Association, and lives full-time in Seward. Jerry King 900 3rd Avenue, stated he was interested in filling this vacancy. He had 7 years experience on the Seward City Council. With the current budget process coming up, he could hit the ground running. He had been through 7 or 8 of those processes and felt that he would be a benefit to the community. King had worked with most of the Council for years. He would appreciate Council's support. Economic Development Video Presentation by the Seward Chamber of Commerce Director of Chamber of Commerce Helen Marrs thanked everyone for letting her show her video. It was funded by a $25,000 grant from the State Dept. of Community and Economic Development, the U.S. Forest Service, and the Denali Commission. City of Seward, Alaska City Council Minutes June 10, 2002 Volume 35, Page 5 9 Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. None Approval of agenda and consent agenda. Motion (Shafer/Orr) Approve the agenda and consent agenda. Director of Administrative Services Rick Gifford requested a brief Executive Session after the meeting to discuss recent litigation by Swalling Construction. Amendment passed Main Motion passed Unanimous Unanimous The following approved consent agenda items were read into the record: April 29, May 2 Special City Council Meeting Minutes and May 13 Regular City Council Meeting Minutes. New business Resolution 2002-058, authorizing the City Manager to enter into a contract with Zubeck, Inc., for water/sewer expansion at SMIC for an amount not to exceed $589300 and appropriate funds from the Water/Sewer Major Repair & Replacement Fund. Motion (Shafer/Calhoon) Approve Resolution 2002-058 Gifford stated the final copy of the resolution was a lay down. He noted the difference between the two was Section 1 added a finding that it was in the public interest to not bring this project to competitive bid. The City was requesting to enter into a contract with Zubeck to design the portion of water/sewer expansion on City land. Zubeck was awarded the bid by Seward Ship's Drydock for that portion. Gifford clarified that this would save the City money on pre -design, demobilization and coordination costs. Branson stated that it was clear when the City allocated this grant, that this portion was integral to the grant. She felt it should have been taken from the grant and itemized. Motion passed Unanimous A work session amending Seward City Fire and Building Code was rescheduled for Tuesday, June 25, at 6:30 pm Appointment of new Council Member City of Seward, Alaska June 10, 2002 City Council Minutes Volume 35, Page6 6 0 City Clerk Jean Lewis stated the requirements for the applicants. Questions put to the candidates should answer any residency issues. It appeared all candidates were residents. Mr. Carter changed his voter registration from Fairbanks to Seward. He had confirmation with him. Brooking stated that her office had received calls on residency. The law required continuous presence and intent to remain. Actual actions of individuals were given the most weight. Temporary absence vs. long term leaving must be deferred to the Council to decide. Calhoon stated that the City Attorney made 2 different statements about residency. None of the Council live here continuously. He stated there were council members in that situation now. In response to Shafer and Orr's questions, applicant Jerry King stated he never intended to give up Alaska residency, was never gone more than 40-45 continuous days, and never voted in another state. He bought and sold 2 homes in Arizona and went out for sunshine after spending 30 winters here. He continued his residence in Alaska and never gave up his driver license, voter registration or worked in another state. In response to a question by Blatchford, Lewis stated that Council was not limited to the 3 applicants. Council can nominate and appoint from the floor and did not need a second. Brooking concurred Council was not limited to the 3 applicants. In response to questions by Orr, Paul Carter stated he sold his home in Fairbanks recently. The home had been vacant since March of last year. His son went to school here, and he had lived here all winter. He went to Fairbanks on periodic business but had been here since last March. His intent was to remain here 12 months out of the year. Bob Valdatta had taken one trip outside of Seward for 10 days in the last 29 years. In response to Calhoon, Lewis stated Council must have 4 votes for action. After council discussion and voting, appointment of the new Council Member was postponed to a Special Meeting set for Friday, June 14, at 7:30 p.m. Informational items and reports Seward Alice Pickett Memorial Animal Shelter May 2002 Report. Seward City Centennial Liaison April 16—May 15, 2002 Monthly Report. Washington D.C. Lobbyist Report. Citation from State Legislature for Seward's Centennial. Thank You Letter from BP Exploration. Council Comments City of Seward, Alaska City Council Minutes June 10, 2002 Volume 35, Page 661 Calhoon thanked all 3 candidates and expressed he was sorry Council couldn't come to a resolution tonight. He did not feel it was necessary to defer appointment. Calhoon thought prior comments by the clerk were inappropriate. Branson thanked Helen Marrs. Blatchford stated he was scheduled as the graduation speaker at Spring Creek Correctional Center on July 26. Citizens' Comments Helen Marrs stated June 22 was weekend solstice with incoming visitors and the Moose Pass Festival. Bob Valdatta wanted to know who was responsible for the generators and sewer at SMIC. He felt we needed natural gas here in Seward. Valdatta noted Assembly Member Ron Long was overworked and suggested petitioning the Borough to add another representative. Paul Carter was concerned with the recent rash of break-ins. His business at Charter Option had been broken into. He asked the City to look into this issue. Council and administration response to citizens' comments Orr responded to Valdatta's SMIC question by saying one million dollars was appropriated in Juneau for sewer and water at SMIC. Calhoon stated that part of that money was to extend lines to undeveloped areas, and to lower the costs in the future. Adjournment The meeting was adjourned at 8:49 pm. Je ewis , ,p�ueet�te04, Cit Clerk �_ `, taF `Ekp'4 Y�` ,...... (City Seal) SEALS • iM._ OF Edgar Blatchford Mayor City of Seward, Alaska June 14, 2002 Call to order City Council Minutes Volume 35, Pag662 The June 14, 2002, special meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Council Member Shafer led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Michael Calhoon Stu Clark Nathan Orr Vanta Shafer comprising a quorum of the Council; and Jean Lewis, City Clerk Cheryl Brooking, City Attorney (telephonically) Absent Chief Brossow Citizens' comments on agenda items not scheduled for public hearing and those items not appealing on the agenda. Approval of special meeting agenda Motion (Clark/Shafer) Motion Passed. New business- None Unfinished Business Approve the Special Meeting Agenda. Unanimous. Presentation and Appointment of new Council Member Robert Valdatta 528 5th Avenue, stated since the last council meeting he had 19 questions asked of him from people in the community. He would be asking for work sessions on various City of Seward, Alaska City Council Minutes June 14, 2002 Volume 35, Page663 issues. He also stated he did not have an ax to grind but wanted to bring the community back to the people. Jerry King 900 3rdAvenue, stated he would give another brief synopsis since Council Member Clark was not present at the last meeting. He was asked to sign up and felt a bit obligated since the people had elected him before he resigned last summer. He stated he could be at every meeting and had been through eight budget sessions. King had an interest in this community and would lend his experience. Paul Carter- Not present In response from Blatchford, City Clerk Jean Lewis stated it appeared all applicants were qualified, and, a motion qualifying the applicants would be in order. Motion (Clark/Calhoon) Approve all Applicants as Qualified Motion Passed. Unanimous Motion (Orr) Request a Voice Vote Motion Passed. Unanimous Council member Calhoon stated that King had the experience and the people of Seward had voted him in before. He felt strongly that the Seward population would be best served by appointing King. On the second vote, Robert Valdatta was appointed to Council. Council comments Orr welcomed Valdatta to Council and looked forward to working with him. Calhoon echoed that comment. Citizens' comments Bob Valdatta, 528 5th Avenue, stated he appreciated the vote. Some issues he had heard from people that need to be addressed are the noise ordinance and dogs running at large. Council and administrative response to citizens' comments Council welcomes Valdatta Adjournment The meeting was adjo ed at 7:43 pm Jean L is +*� rt•••...•••..• .%Q,Q'�0 Edgar Blatchford City C rk �,•• V : P�flRq) •.�® to Mayor • �s • • r (City Seal) FU Q to&'•••'•�:..s� prt. • nEw>> City of Seward, Alaska City Council Minutes June 24, 2002 Volume, Page 664 Call to order The June 24, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Brossow led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Michael Calhoon Stu Clark Nathan Orr Vanta Shafer Bob Valdatta comprising a quorum of the Council; and Scott Janke, City Manager Jean Lewis, City Clerk Absent Special orders, presentations, and reports Proclamations and Awards. Karin Sturdy was presented with a proclamation Recognizing July as National Parks and Recreation Month Borough Assembly Report. Assembly Member Ron Long stated he was in Washington D.C. June 6 & 7. The delegation had asked the Borough to trim down the transportation list. He stated Lowell Point Road was at the top ofthat list. He stated the Code Compliance Review for the Seward Middle School came back as deficient in all aspects of engineering and construction and is functionally inadequate. Seward may need a new school and the site based council is following through with that process. Long stated the Assembly did pass placing redistricting of the school board on the fall ballot. He stated a 75 million dollar working budget was passed with half of that going toward Education. Funding was restored for the Senior Centers. Seward would enjoy a half mil rate reduction to transfer to road service and maintenance projects. The Assembly had passed an ordinance to severely limit the operation of concentrated animal feeding operations. The Borough had accepted one million dollars from the Federal Government for the Spruce Bark Beetle Mitigation City of Seward, Alaska City Council Minutes June 24, 2002 Volume, Page 6 6 5 Program, which would be distributed equally to the Fire departments within the Borough. Long would try to add Lowell Point Fire Department to that list. In response to Valdatta, Long stated that the City would have to decide on annexation of Lowell Point area. He also stated that Vanta Shafer, Blaine Bardarson and himself were on the Board of Directors for EDD. He further stated any concerns on having the school entrance canopied should be generated through the school site -based council. City Manager's Report. City Manager Scott Janke stated he made a 15 minute presentation on his recent trip to Korea. He stated a City task force would meet after July 1 to discuss the proposed move of the Recording Office. Janke stated he and Gerry Welsh had been working with MRCS, which is the funding agency for the flood control project on the North Forest Acres Levee. He stated he would brief Council and public once a site was selected. URS was providing a proposal to do the mapping for the comprehensive plan. Janke stated that the U.S. Ambassador to Korea, and the Korean Ambassador to the U.S. would be in Seward July 12 and 13. He also stated that State members will conduct a walk through of the Jesse Lee Home on July 8 to map out a strategy to comply with HB 96 by November of 2003. Janke also reported the Alaska Sealife Center wanted to expand to the South for a juvenile stellar sea lion research project that would be funded by the federal government. In response to Council Member Calhoon, Janke stated that the Administration was coordinating the mapping project with the Borough GIS system. In response to comments by Council Member Valdatta, Janke stated the Alaska Sealife Center was valuable to our community and committed to local hire. Council agreed to conduct a site visit at the Alaska Sealife Center on June 25th at 3:00 p.m. Other Reports, Announcements, and Presentations. Report from Council Member Stu Clark on Korea Trip. Clark gave a report on the trip he recently took with a 12-member Alaska Delegation to Seoul South Korea on June 10`". He stated the purpose was to support continued coal exports to Korea. The City was also seeking additional shipping, Korean business investment, promoting Korean tourism, and strengthening relationships with other international activists within the state. Clark spoke strongly to eliminate complicated VISA requirements to allow for Korean travel. Slide show presentation of Korea presented by Council Member Stu Clark Trophies provided for the 4`h of July Mt. Marathon Race and Silver Salmon Derby from Mayor Toshifumi Sunagawa of Obihiro, Japan were displayed and acknowledged. Legislative Update on Spring Creek Correctional Facility by Margaret Branson City of Seward, Alaska City Council Minutes June 24, 2002 Volume, Page 666 Branson stated that special legislation was introduced for continuation and expansion of several prisons throughout the state including the youth offender program in Seward. Despite the City's current revenue obligation, Seward was included in any revenue funding sources. Branson stated she did not support the private prison bill, feeling it may affect the City's relationship with other cities. In response to a question by Orr, Branson stated there was not enough time to gather Council's opinion on the bill while she was in Juneau. Blatchford stated that Seward's legislative priority list supported expansion of the public prison across the bay. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Sandy Wassilie, 105 Lowell Canyon Road, spoke about fundraising efforts for the Seward Centennial. Approval of agenda and consent agenda. Motion (Clark /Branson) Approve the agenda and consent agenda Motion passed Unanimous The Clerk read the following approved consent agenda items: Resolution 2002-060accepting grant funds from ALPAR and the Kenai Peninsula Borough, and appropriating funds for a Parks and Recreation litter patrol. Appointment of Lynn Hohl as the City Representative on the Kenai Peninsula Borough Planning Commission. May 28 Regular City Council Meeting Minutes. Public hearings Resolution 2002-053, authorizing for disposal by lease, an interest in a portion of City -owned Lot 1, Block 6, Seward Small Boat Harbor Subdivision through sole source negotiation with the lessee of the adjoining Alaska Railroad Corporation Lease Contract 6725. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Orr /Calhoon ) Approve Resolution 2002-053 City of Seward, Alaska June 24, 2002 City Council Minutes Volume, Page 667 Janke stated that this resolution was sponsored by the Planning and Zoning Commission, and that Council remanded it back to Planning and Zoning last February 2002 for review. Planning and Zoning recommended it be made available for disposal through sole source negotiation because of its small size and shape of roughly 3200 square feet with an easement on it. Janke further stated that because of the City's setback regulations, this land could not be utilized unless you owned the property adjacent to it. Clark stated a potential usage of this land was overlooked. He stated it could be used for loading and unloading of J-dock facility. Valdatta stated he was not in favor of leasing any of that property. Branson stated council should not vote on this resolution until the City knew what the impact of construction would be in that area. She wished to amend this resolution until completion of the 4`h Avenue from Port Avenue through Van Buren construction project. Janke stated that construction on 4`h Avenue from Port Avenue through Van Buren was to begin this fall and continue through next spring. Blatchford stated he was in favor of postponing until the next meeting to allow for a complete report on the area. Motion (Branson/Calhoon) Amend by consent to postpone action until the next meeting to have a full report. In response to Orr's question on what Council seeks to accomplish by postponing, Branson stated she would like to see construction finished before adding anything to that area. Motion passed Unfinished business — None. New business Yes: Calhoon, Branson, Shafer, Clark Valdatta, Blatchford No: Orr Resolution 2002-059, accepting the Volunteer Fire Assistance Grant Award in the amount of $1250, and appropriating the required fifty percent cash match from the Fire Department Volunteer Operating Supplies Account. Motion (Clark/Shafer) Motion passed Approve Resolution 2002-059 Unanimous City of Seward, Alaska June 24, 2002 City Council Minutes Volume, Page 668 Resolution 2002-061, appropriating approximately $24,940 from the General Fund Fund Balance, and authorizing total expenditures of approximately $24,940 for delegation expenses to celebrate Obihiro, Japan's 120th anniversary. Motion (ShaferNaldatta) Approve Resolution 2002-061 City Clerk Jean Lewis explained the estimated budget for the Obihiro Japan trip. Orr and Shafer stated that the gift should be appropriate. Motion (Clark/Orr) Motion passed Amend appropriation amount to $30,000 Unanimous Resolution 2002-062, supporting Seward Terminal Inc. in their contract negotiations to export coal. Motion (Clark/Branson) Motion passed Other New Business Items Selection and Appointment of Vice Mayor Approve Resolution 2002-062 Unanimous Council Members Orr and Clark were nominated for Vice -Mayor Motion (Branson/Shafer) Motion Passed Voice Vote Close nominations for Vice Mayor Unanimous Orr: Calhoon, Shafer, Orr, Clark: Valdatta, Clark, Branson, Blatchford Council Member Stu Clark was elected as Vice -Mayor Informational items and reports 4th of July Mt. Marathon Race Trophies from Mayor Toshifumi Sunagawa, Obihiro, Japan. Department Monthly Reports. In response to a question by Clark, Janke stated staff was meeting with the owner of the Texaco station to identify a date for sidewalk modification completion in Small Boat Harbor. City of Seward, Alaska City Council Minutes June 24, 2002 Volume, Page 6 9 Senator Stevens Report to Alaskans Council comments Shafer stated she wished everyone a happy and safe 4`h of July. She felt Seward had its' family celebration back. Clark thanked Council for electing him as vice -mayor. He stated he attended the Coast Guard change of command at the American Legion and overheard a comment that we had a fine shipyard in Seward. Clark stated he was looking forward to going to Japan this fall. Branson stated she liked the new department monthly reports. She recently toured the SMIC area and the old sawmill site. Branson thanked the harbormaster for painting the harbor building, and congratulated Clark on his vice -mayor appointment. Valdatta thanked everyone for his seat on Council. He thanked the City Manager for summarizing City projects. Valdatta stated he had fielded complaints on oversize vehicles on 4'h Avenue and the abuse of the handicap system. Valdatta stated that he will attend more Borough Assembly Meetings, and requested a work session before budget time. Janke stated the City Lobbyist Kent Dawson would be here for the August 12 council meeting. Blatchford reminded Council to attend a tour of the Sealife Center tomorrow to observe the expansion area. He welcomed Bob Valdatta and thanked him for donating his time to the City. He announced there would be a public reception for the U.S. Postmaster General July 5 at 11:00 am. Blatchford spoke with the Deputy Commissioner of the State Recorder office and opposed removal of those records from Seward. Citizens' comments Marion Nelson,1355 Kenai, stated she was the sales representative for the Alaska Milepost. She encouraged added editorial advertising for our Centennial and requested to meet with members of that committee. Carol Chaudiere,1129 Cliff View, stated she was involved with Kawabe Park. She hoped the City would keep track of every penny because she felt everything was costing too much. She was pleased to hear Janke state he would review a bid that seemed too high. Chaudiere stated benches were greatly needed in the pavilion, and requested we pay attention to details and stay within the budget. Nina Daley, 231 Ballaine, found the decision to postpone the strip of land in the boat harbor incomprehensible. Daley stated this issue was studied at length by the Planning and Zoning City of Seward, Alaska June 24, 2002 City Council Minutes Volume, Page 6 7 0 Commission. She stated she spent a lot of time in the North end of the Harbor. She recommended the larger portion of this property should stay with the City. Daley stated much public comment went into this. She felt the owner needed a decision on this lease in order to make a plan. She hoped more delays would not occur. Council and administration response to citizens' comments In response to Valdatta, Janke stated that no artifacts were discovered on the Kawabe Park property. Adjournment The meeting was adjourned at 9:45 p.m. Jean ewis Edgar Blatchford Cit Clerk Mayor (City Seal) City of Seward, Alaska July 8, 2002 Call to order City Council Minutes Volume, Page 671 The July 8, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Brossow led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Michael Calhoon Stu Clark Nathan Orr Vanta Shafer Bob Valdatta comprising a quorum of the Council; and Scott Janke, City Manager Jean Lewis, City Clerk Absent City Manager's Report. City Manager Scott Janke stated that the U.S. Ambassador to Korea and the Korean Ambassador to the U.S. will be in Seward July 12. He stated work is continuing on the co -location process between Providence and Wesley. Janke met with historic preservation members, representatives and committee members on the Jesse Lee Home. An architect would be hired from the $65,000 portion of the grant to do building analysis by September 2002. Janke stated a formal committee would be formed by August 2002. He hoped to have the architect work completed in time for a presentation to the community in February 2003 during the Centennial Symposium. Rick Gifford stated insurance costs and claims were increasing. Gifford stated he was monitoring the cash flow with Alaska Public Utilities Insurance Trust, but may ask for additional money to pay for claims this year. He stated the RFP for administrative services that was done this year had saved on administrative costs. Gifford stated another area impacted was our property and liability coverages. He stated claim rates have more than doubled from last year, and property rates had increased by 200%. In response to Valdatta, Janke stated the State Legislature directed a more thorough study of the Jesse Lee structure and the community would have to determine what they wanted the facility to be. City of Seward, Alaska City Council Minutes July 8, 2002 Volume, Page 672 answer. Valdatta stated that the Jesse Lee Home was zoned residential and felt demolition was the Orr stated the Rasmussen Foundation may be a possibility for funding. In response to a question from Clark, Janke stated that after speaking with the construction manager, the best time to put in the sidewalk in the boat harbor area would be when the State comes in to construct sidewalks later in the year because of egress and ingress issues. In response to Blatchford, Janke stated the impact on our budget for both insurances may be as high as $300,000. Chief David Brossow stated the City of Seward had a very successful 4'h of July. He stated campgrounds were full and the City had only 25 arrests in the Seward area. He further stated there was one burn victim resulting from an incident outside city limits. of July. Shafer stated she heard comments that the City no longer did enough with children on the 4`h Valdatta complimented the police department on their salesmanship. In response to a question from Shafer, Brossow stated outside the city limits you must apply for a caterers permit for the beer garden. He further stated this gets approved by the Alaska State Troopers and the ABC Board. Other Reports, Announcements and Presentations A presentation was given by Warren Oja of the U.S. Forest Service on Spruce Bark Beetle Infestation An assessment on the status of blazing the Iditarod Trail from mile 0 to Girdwood was given by Dan Golden of the U.S. Forest Service. A talk on the Future Planning of Exit Glacier was given by Eveline Martin of the National Park Service. Recess 9:14 pm Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Approval of agenda and consent agenda City of Seward, Alaska City Council Minutes July 8, 2002 Volume, Page 673 Motion (Shafer/Clark) Amendment (Clark) Amendment (Shafer) Motion passed as amended Approve the agenda and consent agenda Amend agenda to add a discussion of Japan trip arrangements. Amend agenda to add scheduling a work session with the site -based council. Unanimous The Clerk read the following approved consent agenda items: June 10 Regular Meeting Minutes and June 14 Special Meeting Minutes. Public hearings Resolution 2002-053, authorizing for disposal by lease, an interest in a portion of City -owned Lot 1, Block 6, Seward Small Boat Harbor Subdivision through sole source negotiation with the lessee of the adjoining Alaska Railroad Corporation Lease Contract 6725. Motion (Orr/Calhoon) Approve Resolution 2002-053 postponed from June 24 Meeting Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Chaudiere,1129 Cliff View, spoke in opposition of Resolution 2002-053 and in favor of sending it back to the Planning and Zoning Commission. Jim Pruitt, 2605 Maple Street, spoke in favor of approving Resolution 2002-053. Janke explained sole source negotiation. Shafer stated she wanted to look at the impact of this project as a whole unit. She had not seen any public hearings on this project. Shafer felt this project was addressed in pieces rather than a whole. Orr stated the community had 10 years to do something with this property. He stated the City chose not to, so the Railroad put out an RFP. He felt there maybe an intent to stop this project. Orr stated the City should go into negotiations with concerns for public needs in mind and lease the property. Clark stated the City should make use of this property. City of Seward, Alaska City Council Minutes July 8, 2002 Volume, Page 674 Valdatta stated the Railroad does not want to turn this property over to the City because it would be setting precedence. Orr further stated there was already an executed lease done on this property. Calhoon stated the public had plenty of opportunity to speak on this project. He felt the public was not that concerned about the project. Calhoon believed the City could negotiate the right lease and get the bathrooms or landscaping it wants. Valdatta spoke to postponing the disposal of this lease for now and revisiting after the hotel project is completed. Motion failed Yes: Orr, Blatchford No: Clark, Branson, Shafer, Calhoon Valdatta Unfinished business Discussion on Homer Electric Association's offer to purchase the City of Seward Electric Utilities. Janke stated he needed direction to inform Homer Electric Association. Clark stated he did not want to negotiate this offer as it stands. Valdatta stated he was not in favor of a sale. He felt the issue should go to the voters. Shafer stated the utility was at its peak to be sold. She felt HEA needed to sweeten the pot. Branson stated she was not ready to sell. New business Resolution 2002-063, accepting a $27,900 grant from the Kenai Peninsula Borough for the purpose of removing spruce bark beetle damaged trees from the transmission line right-of-way and appropriating funds. Motion (Clark/Branson ) Approve Resolution 2002-063 Manager of Electric Utilities Dave Calvert requested Council accept the grant. Valdatta stated that with the amount of money the Kenai Peninsula Borough received for this project, that it was an insult the transmission line didn't receive more money. City of Seward, Alaska City Council Minutes July 8, 2002 Volume, Page 675 Motion passed Unanimous Resolution 2002-064, authorizing the City Manager to add $19,250 to the contract with Dryden & Larne for Ft. Raymond substation improvements, to pay for additional engineering work related to generator #6 installation and additional needed electrical protection of the system. Motion (Clark/Branson ) Approve Resolution 2002-064 Calvert spoke toward substation improvements. Motion passed Other New Business Items Unanimous A Work Session was scheduled for Tuesday, July 16, 2002 at 7:00 p.m. with the Site -Based Council. A Work Session was scheduled for Tuesday, July 16, 2002 at 7:00 p.m. on the 4`h of July Rock Quarry. A Work Session was scheduled for Tuesday, July 16, 2002 at 7:00 p.m. on the Community Centennial Project. Council decided to secure travel arrangements with Korean Airlines for the trip to Obihiro, Japan in October 2002. Informational items and reports Seward Centennial Monthly Report. Senator Stevens' Report to Alaskans. Alice Pickett Memorial Animal Shelter June 2002 Report. Council Comments Clark complimented the Seward Police Department for their effort on the 4`h of July. Calhoon stated he was disheartened by the direction of the public hearing and asked for reconsideration of Resolution 2002-053. Branson stated she had toured the 4`h of July rock quarry. She felt the City had a fantastic resource that needed serious planning and was not being utilized properly. City of Seward, Alaska July 8, 2002 City Council Minutes Volume, Page 676 Valdatta stated the need for a coordinator for Community Work Service in this community. Orr thanked the community and the Seward Police Department on a great 41h of July. He stated it was great to live in Seward. He was disappointed with council's decision to not take advantage of an opportunity on a lease which had no financial cost to the City. Blatchford stated the U.S. Postmaster General enjoyed his stay. Branson complimented the City Clerk's Office on the beautiful buffet reception for the U.S. Postmaster General. Citizens' comments Carol Chaudiere, 1129 Cliff View, spoke to traffic pattern issues in the small boat harbor. She supported not breaking up the pedestrian pathway. She felt mini strip parks were needed. Council and administration response to citizens' comments Janke stated that Planning and Zoning required a traffic study for the boat harbor area before the hotel could be built. Valdatta stated the boat harbor area was controversial and had a traffic problem 20 years ago. Adjournment The meeting was adjourned at 10:40 p.m. Jeafi Lewis City,Clerk (City Seal) Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes July 22, 2002 Volume 35, Pag677 Call to order The July 22, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Brossow led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Michael Calhoon Stu Clark Nathan Orr Bob Valdatta comprising a quorum of the Council; and Scott Janke, City Manager Rob Johnson, City Attorney Christy Terry, Assistant City Clerk Absent Vanta Shafer Proclamations and Awards. Proclamation designating 7/22/02 as Seward-Obihiro Sister City Exchange Student Appreciation Day and introduction of exchange students. Sister City Coordinator Lani Lockwood accepted the proclamation on behalf of the City of Obihiro. Japanese exchange students Marie Adachi, Hiroshi Chujo, Akie Nishin, and Yuko Nutsu all thanked the Council for the opportunity to visit Seward. Seward exchange students Heather Apperson and Robin Lawrence also thanked the Council for the opportunity to represent Seward as exchange students to Obihiro. Proclamation giving recognition and praise to the top three 2002 winners in each category of the 4th of July Mountain Marathon Race. Denali Foldager, Third Place Winner of the Girl's Race, accepted the proclamation and First Place of the Girl's Race Leah Besh's Mom accepted the proclamation on her daughter's behalf. City of Seward, Alaska City Council Minutes July 22, 2002 Volume 35, Pag67 8 Proclamation designating August 41h as National KidsDay. Boys and Girls Club Director Debbie Bond accepted the proclamation on behalf of her organization. Proclamation honoring Trajan Langdon. Borough Assembly Report. Borough Assembly Representative Ron Long gave an overview of Assembly issues including: distribution of federal funds to local fire departments in areas affected by the Spruce Bark Beetle, road maintenance issues, classified land, Central Peninsula Hospital purchase, senior housing, and Max Best was confirmed as the Borough Planner. Long noted that there would be a public outcry auction for borough lands on September 8. In response to Orr, Long stated there was no land in the Seward Area on the auction. Valdatta asked the Borough Assembly Representative if the Middle School could be moved outside City limits. Valdatta stated this area should be used for uses that could be taxed. City Manager's Report. City Manager Scott Janke reported on the following items: -He stated that this was a very busy week in Washington D.C. Issues being discussed included Federal funding for the East Harbor Expansion. The Lowell Creek Tunnel repairs were on schedule but the transfer of ownership was postponed. -Janke noted that the Municipal City Managers of the Kenai Peninsula Borough had reorganized their organization and planned to meet quarterly to discuss issues of shared importance and make presentations to the Kenai Peninsula Borough Assembly. -He outlined the proposed Budget Calendar and the scheduled Work Sessions. Police Chief Brossow gave a report on recent police activity including the apprehension of a juvenile suspected in committing the recent rash of burglaries. Chief Brossow also stated that the department completed an investigation dealing with drug and weapon offenses. He thanked the community of Seward for their assistance in providing information. Branson questioned the City Manager on how much the Coal Terminal was discussed during his and Council Member Clark's trip to Korea. Clark noted that this issue was discussed, but noted politically this was a hard year to pressure the government because of upcoming elections. Blatchford asked the City Manager when the last Coal shipment was scheduled and the City Manager answered the end of August. Blatchford then inquired with the Council if anyone minded if he worked with Willard Dunham and Bill Noll on the issue. None of the Council Members raised an obj ection. City of Seward, Alaska City Council Minutes July 22, 2002 Volume 35, Pag67 9 City Attorney's Report. City Attorney Rob Johnson stated his firm had been working on contracts, employment issues (including an arbitration) and Wesley issues. Other Reports, Announcements and Presentations Planning and Zoning applicants Nina Daley, 231 Ballaine, and Sandie Roach', Forest Acres, gave presentations on their interests and qualifications. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Carol Griswold, 412 Vt Avenue, spoke against Resolution 2002-065. She stated that the Cottonwood tree was in good condition and referred to the staff report in the Council Packet. Willard Dunham, Dimond and Alder, supported the City negotiating with Suneel to keep the Coal operations in Seward. He advocated the City being very vocal and forceful on this issue before it was too late. Dunham then discussed creating a film for Seward's Centennial and asked for donations. He stated that the cost of the film would total $23,000 and Dunham was asking for donations of $1,000 for each minute of film. Dunham noted the film could be shown on PBS and would list the donors in the credits. Approval of agenda and consent agenda Motion (Clark/Orr) Approve the agenda and consent agenda Main Motion Passed Unanimous The Clerk read the following approved consent agenda items: Resolution 2002-067, authorizing a one-year contract for $371,464.67 with the State of Alaska, Department of Corrections, to provide for operating the Seward Community Jail and housing prisoners charged and/or sentenced under Alaska Statutes Resolution 2002-069, authorizing the extension of a Special Services contract between the City of Seward and the Department of Public Safety providing dispatch and clerical services to Public Safety Employees in the Seward area. Resolution 2002-070, accepting and appropriating funds for a reimbursable Historic Preservation Grant. Resolution 2002-071, authorizing the City Manager to issue a purchase order to Alaska Environmental & Safety Supply, Inc. for the purchase and installation of Police emergency equipment on one model year 2002 Dodge Durango, the cost not to exceed $3505.00. City of Seward, Alaska City Council Minutes July 22, 2002 Volume 35, Pag6 8 0 Resolution 2002-072, authorizing the City Manager to issue a purchase order to Motorola Inc. for the purchase of a new Motorola Astro Spectra mobile radio to be installed in one model year 2002 Dodge Durango, the cost not to exceed $4500.00. Resolution 2002-073, authorizing the City Manager to issue a purchase order to Jake the Striper for the purchase of a new patrol vehicle decal package to be installed on one model year 2002 Dodge Durango, the cost not to exceed $500.00. June 24 and July 8 Regular Meeting Minutes. Appointing Melody Jordan, and Doug Lechner to serve three-year terms on the Port and Commerce Advisory Board. Unfinished business Resolution 2002-053, authorizing for disposal by lease, an interest in a portion of city -owned Lot 1, Block 6, Seward Small Boat Harbor Subdivision through sole source negotiation with the lessee of the adjoining Alaska Railroad Corporation Lease Contract 6725. Motion (Calhoon/Orr) Reconsider Resolution 2002-053 Calhoon asked the Council to vote for the reconsideration so the issue could be discussed in more detail. Branson spoke in support of the reconsideration and suggested a land swap with the Railroad. Valdatta argued against reconsideration and stated the City should not lease this parcel of land to anyone. Orr spoke in support of the reconsideration and Branson's suggestion. Reconsideration Passed Yes: Orr, Calhoon, Branson, Blatchford No: Clark, Valdatta Absent: Shafer Branson explained this piece of property could be exchanged for a piece of land that was now leased from the Railroad by the Coast Guard. Janke stated that this was good thinking out of the box. Orr noted that several other parcels in the harbor area had the same access issues as the parcel under discussion. City of Seward, Alaska City Council Minutes July 22, 2002 Volume 35, Pag681 Motion(ClarkBranson) Postpone Resolution 2002-053 until the next Regular City Council Meeting on August 12, 2002, in order to explore a land trade with the Railroad. Motion Passed Unanimous Ordinances for Introduction Ordinance 2002-04, amending Seward City Code, Title 3 Personnel, Chapter 3.45 Annual Leave, to Change the number of required annual leave hours that must be taken yearly and to allow for bereavement leave. Motion (Clark/Calhoon) Introduce Ordinance 2002-04 Janke explained that the first issue this ordinance solved was the difficulty for new employees to build a leave balance in case of illness or a family emergency. Personnel Officer/ Executive Assistant Cindy Ecklund noted a technical change of adding the word "calendar" to Section 1(F). Janke explained that the second issue this ordinance solved was the amount of time needed to travel to and from the Continenal United States, and the counter productivity of requiring employees to use annual leave during a difficult time. He clarified that bereavement days do not accumulate and do not carry over from year to year. Motion Passed Unanimous New business Resolution 2002-065, supporting removal of the Cottonwood Tree located in Hoben Park. Motion (Valdatta/Orr) Approve Resolution 2002-065 Janke stated that this resolution was placed on the agenda because of a conversation with SeaLife Center Director Tylan Schrock. Janke noted that there were on -going concerns with the condition of the tree and he felt the City should reduce the liability and remove the Cottonwood. Clark spoke against the resolution stating the tree could have many more years if appropriate care is taken. City. Valdatta spoke in support of removing the tree. He noted safety concerns and liability to the Orr spoke against the resolution. City of Seward, Alaska July 22, 2002 Motion Failed City Council Minutes Volume 35, Pag6 8 2 Yes: Valdatta No: Branson, Orr, Calhoon, Clark, Blatchford Absent: Shafer Resolution 2002-066, authorizing the City Manager to accept the State of Alaska Department of Transportation and Public Facilities (DOT & PF) $2.9 Million Grant for the Harbor Eastward Expansion Project and appropriating the Grant to the Capital Project Fund Motion (Clark/Orr) Approve Resolution 2002-066 Janke stated that two legislative sessions ago money was allocated for this project. Since that time, Harbormaster Jim Beckham was able to obtain this DOT & PF $2.9 Million Grant. Motion passed Unanimous Resolution 2002-068, in support of building a new Middle School. Motion (Orr/Clark) Approve Resolution 2002-068 Ecklund referred to the Council's Work Session held on Tuesday July 16. She noted that repairing the building would only increase its life by approximately ten years. Ecklund answered Valdatta's questions about moving the school to Borough property by stating it could be looked into, but the school's centralized location was desirable. Motion Passed Unanimous Other New Business Items - Appointing an applicant to serve the remainder of a three-year term on the Planning and Zoning Commission to expire February 2004. Two applications were received: Nina Daley, and Sandra Roach. Mayor Blatchford appointed Sandra Roach' to serve the remainder of the three-year term on the Planning and Zoning Commission. Motion passed Unanimous Executive session following the regular meeting for the purpose of discussing Providence/ Wesley contract negotiations. Motion (Clark/Branson) Schedule an executive session following the regular meeting for the purpose of discussing Providence/Wesley contract negotiations. City of Seward, Alaska City Council Minutes July 22, 2002 Volume 35, Pag6 8 3 Motion Passed Unanimous Informational items and reports Department Monthly Reports. Seward Centennial Report. Council comments Clark welcomed the Japanese exchange students and noted the success of their welcome reception. He then congratulated the Seward Police Department on the great job they were doing. Clark announced that the Seward Centennial Committee was officially recognized as a Charitable Organization and all contributions were tax deductible. Clark reminded the public that the Committee meets on the last Tuesday of every month at 7 o'clock in the Fire Hall. He noted they were soliciting comments for a'Something for Us' Capital Project at a town meeting on July 31 in the AVTEC Auditorium on 4`h Avenue. He thanked Mike Meeks for setting up an email address at sclark@cityofseward.net. Calhoon thanked all the applicants for the Port and Commerce Advisory Board and the Planning and Zoning Commission. He then congratulated the Police Force. Valdatta complemented the local Refuse Company on their fine work. He questioned the Chamber's decision to only sell derby tee shirts from the Chamber Office. Valdatta also asked the City Administration to work on moving the City Shop. Janke stated he would bring the issue of moving the City Shop back to Council. Blatchford thanked the 'Something for Us' Committee for trying to get a project chosen before Founder's Day. He noted that he and Vice Mayor Clark would be attending the AML meetings in Bethel and that Council Member Orr would present Traj an Langdon's Proclamation at the Basketball Camp being held in Seward this week. Citizens' comments Sandra Roach' thanked the Council for their vote of confidence. Willard Dunham discussed concerns with completing the Forest Acres road to the Landfill. He also advocated for a car counter on the Seward Highway to accurately record the number of tourists coming into Seward. He stated there was an increase in traffic from previous years. Dunham reiterated the importance of Suneel to the City of Seward. City of Seward, Alaska City Council Minutes July 22, 2002 Volume 35, Pag6 8 4 Nina Daley thanked the Council for the opportunity to speak and stated her interest in Planning and Zoning matters would continue. Griswold thanked the Council for supporting the Cottonwood Tree. Council and administration response to citizens' comments Janke updated the public on the bypass road to the landfill in Forest Acres. He noted he had been working with the Railroad on the issues of keeping the tracks clear during the winter months if there were no coal trains. Orr questioned if there was Federal money available to keep the railroad tracks clear and the system running. Branson referred to Dunham's comments about traffic in Seward and stated Homer's traffic is a mess compared to Seward's. Valdatta recommended working with Yukon Fuel and using their shipments to keep the tracks clear during the winter months. Adjournment The meeting was adjourned at 9:30 p.m. C� , /3 , Edgar Blatchford Mayor (City Seal) City of Seward, Alaska City Council Minutes August 12, 2002 Volume 36, Pagel Call to order The August 12, 2002, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Brossow led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Stu Clark Nathan Orr Vanta Shafer Bob Valdatta comprising a quorum of the Council; and Kristin Erchinger, Director of Finance Jean Lewis, City Clerk Absent Michael Calhoon Special orders, presentations, and reports Proclamations and Awards. A proclamation was read honoring 212- years of the U.S. Coast Guard, and proclaiming August Coast Guard Appreciation Month Borough Assembly Report. Assembly Member Ron Long stated they enacted ordinances that amended subdivision requirements that required developers bring roads up to borough maintenance standards prior to plat approval. A motion to reconsider is pending, therefore the future of those roads were still uncertain. Long stated the Assembly appropriated $490,000 of Federal money for Senior housing. The Assembly authorized the sale of parcels of Borough land beginning Sept 28. He stated the Assembly also sent a $12,000,000 bond package to voters for a solid waste disposal system. Long also reported an appropriation of 14.7 million dollars in general obligation bonds for the Seward Middle School will go to voters. Long informed Council that this includes some rehabilitation to the existing High School. City of Seward, Alaska City Council Minutes August 12, 2002 Volume 36, Page2 In response to questions from Valdatta, Long stated that a need assessment was done for Senior Housing, and the Seniors had taken into account medical facilities were 30 miles away. The Seniors stressed a desire to live in their communities. City Manager's Report. Director of Finance Kris Erchinger stated City Manager Scott Janke was out of town. He was in New York meeting with representatives from Global Ministries to negotiate a lease agreement for Wesley Rehabilitation and Care Center. Erchinger requested the Budget work session on the preliminary budget calendar be rescheduled from August 14. The budget work session was re -scheduled for August 20 at 7:00 pm. Council changed all Council meetings in October and November by unanimous consent to as follows: ■ Cancel October 28 Council Meeting due to delegation in Obihiro, Japan. ■ Reschedules November 11 Council Meeting to Friday, November 8 due to AML meetings. ■ Reschedules November 25 Council Meeting to Monday, November 18 due to Thanksgiving Holiday. Director of Public Works W.C. Casey stated a new radiator was installed at the Generator Plant. He also stated the City's clean water matching grant application was in. Casey stated that CRW was getting the easements appraised for Gateway to Forest Acres water line. Casey noted that the SMIC water and sewer project by Zubeck had been finished. The City was presently waiting on - notification from DEC to sign off on it. Director of Administration Services Rick Gifford stated the City's Health and Property & Casualty insurance had been going up. He stated APUIT changed administrators to RBMS, and the transmission had went smooth. Gifford reported the insurance was still experiencing some high claims. He noted that property and casualty insurance had more than doubled this year. Gifford stated that Administration was continuing to look into deductibles, and what possessions need to be insured. In response to questions by Blatchford, Gifford stated property and casualty insurance went up $250,000 this year. The City budgeted for a 14% increase. The City may owe $100,000 to $200,000 and would have to ask for money to be taken out of the reserves. In response to a question from Valdatta, Erchinger stated that council received budget reports on a quarterly basis. She stated it was difficult to project whether some departments are on line in spending, since some departments only spend during certain times of the year, depending on their business. She also stated the City always had a surplus on some accounts. Other Reports, Announcements and Presentations A plaque was read for Ron Wille in honor of his service on the Port & Commerce Advisory Board. City of Seward, Alaska City Council Minutes August 12, 2002 Volume 36, Page3 A presentation on "Something for Us" was given by David Dieckgraeff. Certificates of Appreciation were presented to: Josh Shipman, Roy Dougherty, Dustin Jensen, Steward Goodsen, Brandon Davis and Sean Chase for their quick reactions to a boat fire. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Jim Collman, small boat harbor slip E43,spoke in opposition of disposal by lease of Lot 1, Block 6, Seward Small Boat Harbor Subdivision. He stated that changes take place over a period of time on public leases in the Harbor area and City. He reported numerous leases deviated from their original intent. Collman stated Kenai Fjords promised to provide public access to restrooms, but notices had never been put up stating those were public restrooms. He stated Kenai Fjords was to provide a staging area that turned into Helly Hansen. Collman said there were no variance or code follow-up of those leases. He cited on the North parking lot area, 16-20 parking spaces were eliminated for Gateway Texaco. He also stated the SMIC lease had changed over the years. Collman felt the City should put restrooms in that spot and provide the public with a nice area. Willard Dunham, 600 Alder in Forest Acres, spoke in support of keeping the Suneel Coal Terminal. He wished the City had taken the opportunity earlier, but he felt the City must get involved now. Dunham reiterated that the Coal Facility was too important to let go without a fight. Matt Tocchini, Camelot, stated 30 yards of parking on the East side of the street in front of his business in the small boat harbor had been made into a no -parking area this year. He wanted to know why this was done. He felt it was a crucial parking area for his business. Jim Collman, representing Seward Boat Owners Association, spoke in support of fire requirements in the Small Boat Harbor area. He stated that boat fires are like airport fires because of all the flammable fuels and propane cylinders. He explained that these fires spread quickly and that 25% of the City's commerce was in the Harbor. Collman felt it was a hazard that needed to be looked into. Ron Long, 32551 Castle Drive, reminded the public of the Candidate forum scheduled for next Wednesday August 21, at 7:00 p.m. in the council chambers. Corinne Macomber, 327 Fifth Avenue, spoke in support of providing parking access back in front of Mr. Tocchini's business. Approval of agenda and consent agenda Motion (Clark/Branson) Approve the agenda and consent agenda Motion passed Unanimous City of Seward, Alaska City Council Minutes August 12, 2002 Volume 36, Page4 The additions to the consent agenda of rescheduling a budget work session and rescheduling of October and November Council meetings discussed earlier were approved. Ordinances for Public Hearing and Enactment Ordinance 2002-04, amending Seward City Code, Title 3 Personnel, Chapter 3.45 Annual Leave, to Change the number of required annual leave hours that must be taken yearly and to allow for bereavement leave. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Motion (Clark/Shafer) Approve Ordinance 2002-04. Erchinger stated Administration's support for this ordinance change. In response from Shafer, Erchinger stated employees were allowed to use annual leave after bereavement leave. She stated that the City Manager was authorized to give that person leave without pay. Motion passed Unanimous Resolutions Requiring Public Hearing Resolution 2002-074, authorizing the City Manager to execute a lease to the Seward Chamber of Commerce for lot 11, Block 6, Seward Small Boat Harbor Subdivision, Seward, Alaska Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Teresa Roy,1807 Swetman, spoke in support for the Chamber lease, Resolution 2002-074 as Chamber President. She stated the Chamber would build a code -compliant building with no cost to the City and would do that for the Centennial. Willard Dunham, 600 Alder in Forest Acres, spoke in favor of Resolution 2002-074. He felt this lease should be for as long as the Chamber wanted it. He also stated this was a good operation for the City and Chamber. Jack Scoby 423 Fifth Avenue, spoke in full support of the Chamber lease. He stated he had no connection with the Chamber and wanted to support them. Scoby wanted to publicly congratulate Helen Marrs on employee scheduling at the Chamber building this year, and a smooth running Silver Salmon Derby. Ron Long, also spoke in support for Resolution 2002-074. Motion (Branson/Valdatta) Approve Resolution 2002-074 City of Seward, Alaska City Council Minutes August 12, 2002 Volume 36, Page5 Acting City Manager Kristin Erchinger summarized Resolution 2002-074. She stated it was a 20-year lease term. She stated Council needed to establish an annual rental rate under section 3.1. The Administration recommended that rate be $1 a year. Erchinger stated to maintain consistency with other leases, this lease provided for an adjustment to the lease rate based on re -appraisals done on City leased properties. She stated there was a rent credit clause which excused the Chamber from paying rent providing they meet specific criteria mentioned in section 3.7 of the lease. She further stated the Chamber would qualify for lease credits provided they were not in default and were current with other payments to the City. She stated the Chamber would not sub -lease the property, and the land would be used for purposes to serve businesses in Seward. Erchinger stated a sub -lease would require Council approval, and the building would be required to meet current code requirements. Erchinger proposed Council amend the 9/30/03 date to meet the required code changes to 9/30/04. Erchinger proposed a date change on section 3.1 of the lease to read "commencing on July 1, 2006 the annual rental rate shall be adjusted."and the effective date of this be June 30,2006. Erchinger proposed to eliminate the paragraph that required the lessee maintain 1 million in liability insurance. Orr was concerned that no proposal had been given by the Chamber. Amendment (Clark/Branson) Strike paragraph 3.1 in entirety and substitute annual rental rate at $1 yr. Branson stated the paragraph should be left in to be consistent with other City leases. Erchinger stated this paragraph should stay because it defines what annual lease fees should be in case of sub -leasing. Council recesses for break from 8:54 pm to 9:05 pm Motion to Withdraw (Clark/Branson) Amendment (OrrNaldatta) Motion passed Withdrawn Strike Article 14 in entirety. Yes: Orr, Clark, Shafer, Blatchford No: Branson, Valdatta Absent: Calhoon City Attorney Craig Richards stated by striking article 14 in it's entirety, the City had granted the Chamber the right to assign the lease by their terms not the City's. A clause could be put in this lease stating no sub -leasing. Amendment (Clark/Orr) Amend Article 14.1 to say no sub -leasing of the land. Branson stated this section cannot be amended because the Council just voted to strike all of Article 14 City of Seward, Alaska City Council Minutes August 12, 2002 Volume 36, Page6 City Clerk Jean Lewis stated since the amendment that passed struck Article 14, it would need to be added back to amend it further. Clark stated that was his original intent. Reconsideration (Clark/Orr) Motion passed lease. Previous Amendment to strike Article 14 in its entirety. (Article 14 added back in) Unanimous Erchinger stated by making article changes the Council could be affecting other areas of the Rules Relaxed Teresa Roy, Chamber Director was agreeable to changes made but objects to any postponement. Motion to Withdraw Amendment (Clark/Orr) Amendment (Clark/Orr) Motion passed Previous Amendment 14.1 Withdrawn Amend Section 3 of Resolution To add wording "no sub- leasing or assignment of lease." Unanimous Council agrees by consent to add changes the Administration requested earlier. Main motion passed as amended Unfinished business Unanimous Resolution 2002-053, authorizing for disposal by lease, an interest in a portion of city -owned Lot 1, Block 6, Seward Small Boat Harbor Subdivision through sole source negotiation with the lessee of the adjoining Alaska Railroad Corporation Lease Contract 6725. Erchinger stated that the Administration had not received a response to their request from the Railroad at this time. Motion (BransonNaldatta) Motion passed New business Postpone Resolution 2002-053 to next scheduled meeting of August 26 Unanimous City of Seward, Alaska City Council Minutes August 12, 2002 Volume 36, Page7 Resolution 2002-077, authorizing the City of Seward to issue General Obligation Refunding Bonds 2002 in the principal amount of not to exceed $7,000,000 to refund certain outstanding general obligation bonds of the City, fixing certain details of such bonds and authorizing their sale Motion (Clark/Orr) Approve Resolution 2002-077 Erchinger discussed refinancing this bond providing the Administration could save over $150,000. Motion passed Unanimous Resolution 2002-078, authorizing a contract between the City of Seward and the State of Alaska Department of Motor vehicles to provide for the City of Seward to operate the Seward branch of the Department of Motor Vehicles Motion (Shafer/Branson) Motion passed Approve Resolution 2002-078 Unanimous Resolution 2002-079, directing the Administration to explore the purchase of a fire/rescue boat with the capabilities needed to provide adequate protection for the marine area and safety to the volunteer firefighters Motion (Clark/Valdatta) Amendment (Clark/Valdatta) Motion passed as amended Approve Resolution 2002-079 Add wording "Homeland Security Boat" Unanimous Resolution 2002-080, appropriating funds and authorizing a professional personal services agreement with William C. Noll dba, Major International, as an international relation services consultant for the City for a fixed fee not to exceed $10,000 plus reasonable expenses not to exceed $2000 for a term through 2002 and with an extension into 2003 under terms mutually agreed to by the parties, where the services to be provided are generally to seek to secure the continued operation of the coal terminal facility in the City. Motion (Shafer/Branson) Approve Resolution 2002-080 Valdatta spoke in opposition of Resolution 2002-080. He felt it was up to the Railroad, Usibelli and the State to pay this contract, not the City of Seward City of Seward, Alaska City Council Minutes August 12, 2002 Volume 36, Page8 Orr spoke in support of Resolution 2002-080. He stated there were only 2 coal ships left to come in. Orr advised some of the benefits were the coal terminal kept the rail open, and allowed Seward to receive bulk fuel by rail. He also stated there were many jobs provided at the Coal terminal, they were a major user of our power, and Seward should do everything they could to keep it going. Shafer spoke in support of Resolution 2002-080. She pointed out that the City was late getting on the band wagon. Valdatta would support if the Coal Facility would stipulate to get $1 a ton tariff. Blatchford spoke in support of Resolution 2002-080. He had been meeting with people about this issue. Valdatta reiterated he felt the Railroad and Usibelli should foot the bill for this consultant. Motion Passed Yes: Clark, Shafer, Orr, Branson, Blatchford No: Valdatta Absent: Calhoon (Council Member Clark left at 9:54 pm to close the Derby booth) Other New Business Items A work session to discuss SCC 08.05.045 to change the closing hours for the bars within City limits was scheduled for Tuesday August 20, 2002 at 6:30 p.m. Informational items and reports Alice Pickett Memorial Animal Shelter July 2002 .Report. 2002 Budget Schedule. Council comments Shafer stated she was glad to be home from New York and requested Administration check into the parking request made by the Railway Cantina. Valdatta agreed with Shafer to change the parking signs in the harbor back to how they were. Blatchford thanked the big audience for their attendance, and noted the Salmon Derby was going well. Citizens' comments City of Seward, Alaska City Council Minutes August 12, 2002 Volume 36, Page9 David Dieckgraeff, spoke again about the City's "Something for Us" project. He stressed this was a project for Seward. Some of the ideas generated from the public were an enlarged library/museum, sport arena with ice skating rink, tree planting, building a Phoenix Viking ship, heated sidewalks, a memorial for fisherman, expanding ideas with the Iditarod start, more bike paths, moving the City shop and possibly putting the library/museum there, allowing Senior citizen housing into town, and putting more things downtown. He also stated the public wanted to see the Jesse Lee property utilized for something and underground parking was an idea for the Sealife Center. Dieckgraeff stated the public wanted the City to keep working on the bowling alley project. The "Something for Us" committee was hoping to adopt a project or concept by the end of August. He also urged everyone to get out and vote for the new school. Tom Reese thanked the City for showing support for Suneel Coal Facility. Matt Tocchini thanked Council for listening to his parking concerns and requested any action be taken quickly due to the fact of the approaching close of the season. Willard Dunham thanked Council for their actions toward Suneel Coal Facility. He reminded the public of Wally Hickel's book signing at the Sealife Center on August 22 and that everyone was invited. Council and administration response to citizens' comments Valdatta requested the City act on the parking issue in the harbor. Erchinger assured a quick response to the parking issue and would check to see why the parking was changed in the first place. Adjournment The meeting was adjourned at 10:10 p.m. Jean; ewis Cit ' lerk oo�tts�t�4y�, y oo pAV:SZhi, *i ,, ...,,,.,q,Q� (City Seal) ,�`` 0 �0�'k,-^.� ®: SEAL . �� OF A� AIN*o r.a- , t' � "l > Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes August 26, 2002 Volume 36, Page 10 Call to order The August 26, 2002 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Brossow led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Michael Calhoon Stu Clark Nathan Orr Vanta Shafer Bob Valdatta comprising a quorum of the Council; and Scott Janke, City Manager Jean A. Lewis, City Clerk Brad Meyen, City Attorney Absent None. Proclamations and Awards. Proclamation read recognizing National Payroll Week and designating Sept. 2-6 Seward's Payroll Week. Borough Assembly Report. Borough Assembly Representative Ron Long was not present. City Manager's Report. City Manager Scott Janke reported that the City received a $386,000 grant offer from the State for the water system expansion project in Forest Acres. He stated the middle school bond was on the ballot. Janke reported that Senator Stevens was in town Thursday, August 22 and spent a good part of the day visiting City projects. He stated that Lisa Sutherland, a top aide from his office would arrive back in Seward on Wednesday, August 28 to spend time with Administration looking at the same projects. Janke stated the Seward Court had agreed to house the staff for the Land Recording Office. He reminded Council of the letter received by HEA that was requesting a response by September 23 or the offer would be off the table. Janke stated himself and City Attorney Rob Johnson attended a meeting on August 13 in New York with City of Seward, Alaska City Council Minutes August 26, 2002 Volume 36, Page 11 administrators from Global Ministries. The purpose was to negotiate a lease of the Wesley Facility, assign the lease to Providence, then have co -location take place, thus buying the City 3 to 5 years to build a replacement facility. In response to Shafer, Janke stated that there was an inaccurate quote in the minutes on the agenda. The Lowell Creek tunnel repairs were scheduled for this winter and the issue of ownership transfer had been delayed until later this fall as a discussion topic in Washington. Janke informed Shafer he had spoke with representatives at Usibelli and they were marketing coal in Russia, Japan, Korea and the lower 48. Usibelli was optimistic in the long tern of finding another market. EPA regulations and transportation costs have priced Alaska out of the market. In response to V aldatta, Janke stated the City shop move was on the back burner for now, and no one had stepped up to coordinate Community Work Service. All City employees were deep into the budget cycle now. Blatchford mentioned he met with Senator Murkowski and was promised that his office would do whatever it could for coal shipments. He also stated Bill Noll had arranged for the City to meet with a delegation mid -September. The City would be addressing the Denali Borough at the Borough Assembly meeting on September Bch in McKinley Village. Other Reports, Announcements and Presentations Commendation certificate presented to Scott Ransom for his heroic efforts in saving the life of a drowning victim. Port and Commerce Advisory Board applicant D.J. Whitman gave a statement. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. None. Approval of agenda and consent agenda Motion (Clark/Branson) Approve the agenda and consent agenda Janke suggested Council amend the minutes of the July 22 regular council meeting to reflect that Lowell Creek Tunnel repair was on schedule and not postponed, but the transfer of ownership was postponed. Council agreed to Janke's suggestion. Shafer pulled the appointment of D.J. Whitman to the Port and Commerce Advisory Board from the consent agenda. Motion Passed as Amended Unanimous The Clerk read the following approved consent agenda items: City of Seward, Alaska City Council Minutes August 26, 2002 Volume 36, Page 12 Resolution 2002-076, authorizing the City Manager to add $3,014.22 to the contract with Alcan Electrical and Engineering, Inc. to complete the mitigation work on the transmission and distribution line between miles 18 and 22. Approval of the July 22, 2002 minutes of the regular council meeting as amended. Resolutions Requiring Public Hearing Resolution 2002-081, authorizing the City Manager to execute a lease to the United States of America, Department of the Army, for the non-exclusive use of the southern portion of Lots 11A and 12A, Fort Raymond Subdivision, Replat No.1, 87-12, Seward, Alaska containing five (5) acres, more or less, for the purpose of studying the potential development of a joint public - private venture for a bowling alley and concession recreational facility. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Shafer/Calhoon) Approve Resolution 2002-081 Director of Administrative Services Rick Gifford stated the City had been negotiating with the Department of Army for a 3-year lease with the purpose of studying development of a joint public private venture for a recreation center. It was a non-exclusive use to discuss potential development. Rent had been established at $100 annually. He stated there would be no construction or development permitted, and current public uses would continue through this short term lease period. Gifford changed the dates in section 3 of page 13 to read October 1 through September 30. Motion Passed. Yes: Clark, Shafer, Orr, Valdatta, Calhoon Blatchford No: Branson Unfinished business Resolution 2002-053, authorizing for disposal by lease, an interest in a portion of city -owned Lot 1, Block 6, Seward Small Boat Harbor Subdivision through sole source negotiation with the lessee of the adjoining Alaska Railroad Corporation Lease Contract 6725. Janke stated that after submitting Branson's proposal to exchange the long-term lease sliver with a portion of land by the Coast Guard building. The Railroad had counter offered to exchange the sliver of land for the area by the waste oil facility off of J-dock. Branson stated she wanted a wider fire lane for fire access there and thought the Railroad had come up with a reasonable counter offer. It appeared this offer also took care of the waste station. Janke stated it would include the waste oil containment facility. It had been encroaching for years. He asked for direction to negotiate a 55-year lease for the sliver of land in return. City of Seward, Alaska City Council Minutes August 26, 2002 Volume 36, Page 13 Valdatta felt the Railroad would call the shots on that land now and the desired restrooms would be down the drain. Calhoon agreed the City would not get their restrooms. He felt the City was giving up its opportunity to enhance. Motion failed Yes: Calhoon, Valdatta No: Shafer, Orr, Branson, Clark, Blatchford Janke clarified the direction Council had given as to negotiate with Mr. Kubitz of the Alaska Railroad the exchange of the properties identified in their letter, in an attempt to maximize the area along the fire lane and J-dock in exchange for the sliver of land. New business Resolution 2002-075, authorizing the City Manager to enter into an agreement with Dryden & Larne for a cost not to exceed $41,000 to do preliminary engineering, design, construction contract documents, and construction engineering support for the Alaska Department of Transportation/Public Facility Resurrection River Bridge improvement project. Motion (Shafer/Clark) Approve Resolution 2002-075 Manager of Electric Utilities Dave Calvert explained that the Department of Transportation wanted the City to hire Dryden and Larue at State expense to come up with a design to accommodate transmission lines, airport flight path, and ground clearance before the August 30 deadline. He stated the City would be reimbursed. Motion Passed Unanimous Resolution 2002-082, authorizing the City Manager to enter into an agreement with Tryck Nyman and Hayes, Inc. to provide public involvement and schematic design services for the East Harbor Expansion project for an amount not to exceed $115,000. Motion (Clark/Branson) Approve Resolution 2002-082 Janke stated the Army Corp work could begin within 18 months. He stated the City wanted to begin the public involvement process for the float layout design system. Clark mentioned he was pleased with how the contract read and wanted the public to speak freely on all subjects and restrictions. Beckham stated the restrictions applied to certain areas of the Federal portion of the project and those could not be changed without going back to square one. City of Seward, Alaska City Council Minutes August 26, 2002 Volume 36, Page 14 hi response to V aldatta, Beckham stated the City had 13 ice days on the floats. He felt by the end of the season the Harbor had learned and developed new strategies and methods to deal with the ice. Beckham reported there was a trade-off and continued to look into waste heat systems for the floats and further stated concrete floats had a longer life. In response to Orr, Beckham stated the Corp had permitting procedures and would get the required permits. He stated the Corp did not look at the issue of land ownership. Janke was confident the Alaska Railroad would allow a permit for the tideland area by the coal terminal that would allow extra moorage. Motion Passed Unanimous Resolution 2002-083, appropriating $379521 of state revenue sharing monies for the health facilities within the City of Seward and authorizing payment to those health facilities based upon the state revenue sharing allocation. Motion (Clark/Branson) Motion Passed Approve Resolution 2002-083 Unanimous Resolution 2002-084, appropriating funds for increased premium costs of property, casualty, workers' compensation and other general insurance paid to the Alaska Municipal League Joint Insurance Association for the period of July 1, 2002 through December 31, 2002. Motion (Clark/Shafer) Approve Resolution 2002-084 Gifford stated premium costs went up 109% from last year. He stated Administration had checked into raising deductibles and was inspecting every piece of equipment owned by the City to re -value to attempt to save on these insurances. Gifford decided anything valued less than $10,000 would have coverage taken off of it. Workers' compensation was hit hard nationwide from 9/11 and rates increased 73%. Gifford stated the City needed to make a budget adjustment of $24, 393 to remain within budget for this year. Janke reported Administration would look into doing a formal RFP this fall. Motion Passed Other New Business Items Unanimous Hold two executive sessions following the regular meeting for the purpose of discussing a settlement claim by Swalling pertaining to pending litigation, and Providence/Wesley contract negotiations. City of Seward, Alaska City Council Minutes August 26, 2002 Volume 36, Page 15 (The above business did not have a formal motion and second, therefore after the meeting the executive sessions were set to address at a special meeting scheduled for August 28, 2002 at 7:00 p.m.) Appointment of D.J. Whitman to serve on the Port and Commerce Advisory Board Shafer stated she pulled this from consent because she was approached by PACAB members who wanted the opportunity to reduce from a 9 member board to a 7 member board. Clark stated the ordinance would have to be changed and it currently called for more commercial interest representation than what was on the current board. Orr wanted to have a work session with PACAB to give them direction. He felt Council should still appoint this seat. Shafer stated that PACAB members had pointed out that attendance was poor and it was hard to get a quorum. Valdatta requested a work session and thought that PACAB should market the community more. Shafer pointed out Council didn't give them money for marketing, but that PACAB does discuss improving commerce. By unanimous consent, the Mayor postponed the appointment to the Port and Commerce Advisory Board until after a work session was held. Informational items and reports Seward Centennial Report Council comments Orr stated it was a great time to go fishing. Clark reminded the public the monthly meeting of Centennial committee took place at the fire hall. Calhoon thanked DJ Whitman for his application for PACAB. He apologized to the citizen's of Seward for not getting the restrooms in the harbor. He noted he had two meetings left. Branson urged everyone to vote in tomorrow's Primary Election. Valdatta felt the City of Seward deserved a penance from the Railroad. He stated the City was entitled to ask the Railroad for a freight charge. Valdatta further felt the City should stop City of Seward, Alaska City Council Minutes August 26, 2002 Volume 36, Page 16 beating the poor local people up and charge the bigger companies that are here using our facilities. Blatchford stated Senator Murkowski was here last week and discussed some of the appropriations for the Seward area. Senator Stevens was here for Governor Hickel's book signing and toured the town. Blatchford thanked the volunteers for the Silver Salmon Derby and noted it was a great event. Citizens' comments D.J. Whitman, stated he trusted Council's decision but was appalled that Council advertised for the PACAB position, and only after someone applied did they decide to review it. He withdrew his application. Michael Kothe, stated he was a candidate running for Council. He had heard people did not know who he was so he stopped in to acquaint himself and say hello. Jim Pruitt, Maple Street, stated the property line on the South side didn't allow enough distance for the setback requirement for the hotel project in the boat harbor. He would have to move the project to the North which threw off the parking plan. He wanted to clarify that the Railroad had been a good neighbor for years. He stated the Railroad had given DOT property, and the property that runs South by the Coast Guard to the waterfall was deeded to the City for greenbelt. Pruitt felt talking about the Railroad giving us 2 million dollars a year for use and privilege was ridiculous. He was concerned the East Harbor expansion was a huge project and the City didn't even have the land committed by the Railroad. He felt the City needed to take a minute to see how it was treating it's neighbors, co-workers, and business associates. Pruitt remembered a brief discussion at PACAB on limiting the Board but felt general consensus was to keep it as it was. He felt it was a poor excuse to pull this applicant and discouraged people from volunteering for those positions. Council and administration response to citizens' comments V aldatta wanted to know how the City was going to get adequate money if they didn't seek new revenue. Adjournment The meeting was adjourned at 9:10 p.m. Lewis Clerk (City Seal) O ' r p� • : SEI-IU Edgar Blatchford P-. OF P�e0 City of Seward, Alaska August 28, 2002 City Council Minutes Volume 36, Page 17 Call to order The August 28, 2002 Special Meeting of the Seward City Council was called to order at 7:00 p.m. by Vice -Mayor Stu Clark. Opening ceremony Council Member Shafer led the pledge of allegiance to the flag. Roll call There were present: Stu Clark presiding, and Margaret Branson Nathan Orr Vanta Shafer Robert Valdatta comprising a quorum of the Council; and Jean Lewis, City Clerk Cheryl Brooking, City Attorney (telephonic) Rob Johnson, City Attorney (telephonic) Absent Michael Calhoon Edgar Blatchford (was absent from the meeting and was not included for the quorum but appeared telephonically with attorneys in Anchorage). Citizens' comments on agenda items not scheduled for public hearing and those items not appealing on the agenda. Approval of special meeting agenda Motion (Orr/Branson) Motion Passed New business- None Unfinished Business Approve the Special Meeting Agenda. Unanimous Executive session for the purpose of discussing a settlement offer by Swalling pertaining to pending litigation. City of Seward, Alaska August 28, 2002 City Council Minutes Volume 36, Page 18 Motion (Branson/Shafer) Hold an executive session for the purpose of discussing a settlement offer by Swalling pertaining to pending litigation. Motion Passed Unanimous Council began executive session at 7:05 p.m. Council reconvened from executive session at 7:30 p.m. Executive session for the purpose of discussing strategy involving contract negotiations regarding Wesley Rehabilitation Center. Shafer stated a conflict of interest. Chair Clark ruled a conflict existed and Shafer left the meeting. Motion (Branson/Orr) Motion Passed Hold an executive session for the purpose of discussing strategy involving contract negotiations regarding Wesley Rehabilitation Center. Yes: Branson, Valdatta, Orr, Clark No: None Abstain: Shafer Absent: Calhoon, Blatchford Council began executive session at 7:32 p.m. and reconvened from executive session at 8:23 p.m. Council comments Valdatta felt the Swalling litigation would work out. Citizens' comments- None. Council and administrative response to citizens' comments -None. Adjournment The meeting was adjourned at 8:25 pm. Jeap ewis , CjN. •�pQ••. 'ti,Q.+r� Stu Clark Cit}�Clerk ,•: Vice -Mayor (City Seal) " ®i ►�J�'i� i •,r+, !.gip �•..i•••• P1iy ,o•� •gig fi qN. -�•� °���Isaaals�6 City of Seward, Alaska City Council Minutes September 9, 2002 Volume 36, Page 19 Call to order The September 9, 2002 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Brossow led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Michael Calhoon Stu Clark Nathan Orr Vanta Shafer Bob Valdatta comprising a quorum of the Council; and Scott Janke, City Manager Christy Terry, Acting City Clerk Brad Meyen, City Attorney Absent None. Proclamations and Awards. Proclamations were read recognizing Fetal Alcohol Syndrome Awareness Day and Remembering September 11, 2001. Borough Assembly Report. Borough Assembly Representative Ron Long gave an overview of Assembly issues including: passage of Ordinance 2001-47 Substitute, Amending KPB Title 20 "Subdivisions" Providing for the Construction of Roads to Borough Maintenance Standards Prior to Final Plat Approval; money was approved for the Bear Creek Fire Department; tax exemptions were approved for land improvements due to clearing Spruce Bark Beetle kill trees; and a sales tax exemption on senior, disabled veterans, and disabled resident rents. Long also reviewed the propositions on the Borough October I" ballot. He noted the opening of the Kenai Peninsula Borough Office in the upstairs of City Hall. City Manager's Report. City Manager Scott Janke spoke in support of the proclamation honoring September 11`}' and added that everyone should wear red, white and blue on that day. City of Seward, Alaska City Council Minutes September 9, 2002 Volume 36, Page 20 Janke noted that the Administration and the City Attorneys were working on the transfer of ownership of the Hatchery and that this might be completed by the end of this year. Janke responded to Council's previous inquiries on how to strengthen the Planning and Zoning Code by reveling the best way was to pursue violations in the civil courts. Janke then discussed taxation of the Cruise Ships that came into Seward. He noted that the gate at the Quarry was erected and the Public Works Department and the City Attorney were working on a RFP for a contract operator, a mining plan, and any necessary Code changes. Janke also noted he was in discussion with the Railroad regarding the parcel swap in the harbor area and he would bring this to Council in the next two to four weeks. Janke outlined the Ordinance approved by the Borough exempting Senior rents and recommended the Council adopt a similar Ordinance. He noted the fiscal impact would be minimal. Janke then discussed Proposition 4 on the October 1 Borough ballot exempting non -prepared food items from Sales Tax and explained that this Sales Tax exemption would not be implemented in Seward unless Council passed an Ordinance to add this exemption to the Sales Tax Code. Janke read a written report on the status of Wesley and Providence negotiations. Clark then read a report he wrote on the status of Wesley and Providence negotiations. Janke noted the City was utilizing the services of an independent consultant trained in the health care field to help with the Wesley negotiations. Valdatta clarified that the ship passengers would pay for any tax to the Cruise Lines. He encouraged the City Manager to pursue this source of revenue. Valdatta expressed his embarrassment at the way cruise passengers were dropped off at the dock and the mass confusion that ensued. In response to Shafer, Janke stated he did not know of any communities currently imposing a sales tax on the cruise ships. In response to Orr, Janke stated the City Administration had discussed this issue with the Borough in the past, but no progress had been made. Other Reports, Announcements and Presentations Status of Coal Terminal by Bill Noll and Willard Dunham. Bill Noll, City of Seward contractor, gave an overview of the status of the Coal Terminal and the economics of the international coal trade. Willard Dunham provided an overview of the numerous meetings with the effected cities, boroughs and companies. Council asked questions and discussed possible strategy. City Attorney Brad Meyen stated the City Manager had already reported what the law fine had been addressing. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. City of Seward, Alaska September 9, 2002 Page 21 City Council Minutes Volume 36, PACAB Chair Debra Altermatt, 1703 Iron Drive, encouraged the Council to set the Joint Work Session with PACAB. Ron Long, Camelot, discussed the issues revolving around the School Bond Proposition on the Borough October 1 ballot. He then encouraged the community to advocate Hyundai remaining in Seward. Approval of agenda and consent agenda Motion (Clark/Shafer) Approve the agenda and consent agenda Acting City Clerk Christy Terry noted a word substitution in the August 12, 2002 minutes; under Rick Gifford's report the word'CALCO' should read'APUIT'. Motion Passed as Amended Unanimous The Clerk read the following approved consent agenda items: The August 12, and August 26, 2002 minutes of the Regular City Council Meetings and the August 28, 2002 minutes of the Special City Council Meeting. Resolution 2002-086, authorizing the City Manager to select ECl/HYER Architects, Inc. to perform the Historic Structure Report for the Jesse Lee Home Rehabilitation Project, Phase 1 and appropriating funds, was pulled from the agenda. The Council took a ten-minute break beginning at 8:55 p.m. Ordinances for Public Hearing and Enactment Emergency Ordinance 2002-05, authorizing the publication of Notice of Elections twenty days prior to the Regular City Election of October 1, 2002, declaring an emergency, and providing for an immediate effective date. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Clark/Branson) Approve Emergency Ordinance 2002-05 Acting City Clerk Christy Terry gave an overview of the emergency ordinance. She noted the Clerk's Office did not adequately notice the Regular City Election by the 30 days required in Seward's City Code. Terry went on to explain the Election was noticed 30 days prior the election, but did not have the specific requirements outlined in Code. This emergency ordinance would allow the City of Seward to be in compliance with the notice requirements by matching the State's Code requirement of 20 days. Terry noted that the emergency ordinance required the affirmative vote of City of Seward, Alaska City Council Minutes September 9, 2002 Volume 36, Page 22 all members present or the affirmative vote of three -fourths (6 votes) of the total membership, whichever was less, for enactment. In response to Orr's question, Terry stated the Clerk's Office took full responsibility for the oversight. Motion Passed New business Unanimous Resolution 2002-085, authorizing the City Manager to execute a grant agreement between the state of Alaska and the City of Seward for the purpose of contracting with a consultant to perform the Jesse Lee Home Rehabilitation Project, Phase I and appropriating $65,000 from State and Federal Grant Funds. Motion (Clark/Shafer) Approve Resolution 2002-085 Janke stated that this grant did not require the City to contribute matching funds. Valdatta stated this study was an exercise in futility since there had been so many previous studies. He questioned why Seward should waste the State's money on yet another study. Janke hoped this would be the first step in the State restoring the Jesse Lee Home. Clark noted that he had attended the State Historic Preservation Commission Meeting in Seward, and his understanding was that no restoration effort would begin until there was proof the completed project could be self-sufficient. Valdatta reiterated he was uncomfortable with accepting this money. Motion Passed Yes: Branson Clark, Calhoon, Orr, Shafer, Blatchford No: Valdatta Resolution 2002-087, accepting and appropriating a grant from the Alaska Department of Environmental Conservation (ADEC) in the amount of $396,600 for the purpose of constructing a waterline gateway to Forest Acres. Motion (Shafer/Branson) Approve Resolution 2002-087 Janke stated that the City needed to formally accept this grant from ADEC prior to a waterline being constructed to Forest Acres. Janke pointed out the possible routes of the waterline on the map posted in the Council Chambers and noted this would allow more residential development in Forest Acres. City of Seward, Alaska September 9, 2002 Page 23 input. limbo. City Council Minutes Volume 36, Blatchford clarified that there had been numerous opportunities for the public to provide Valdatta clarified that this project would provide water to the undeveloped lots now in sales Shafer clarified that this project would provide more water pressure in this area. Orr noted that the Council had previously authorized a feasibility report, and because of this small outlay, the City was now reaping the benefits. Motion Passed Unanimous Resolution 2002-088, submitting the prioritized list of Capital Projects and requesting funding under the Alaska Department of Environmental Conservation Municipal Matching Grant Program. Motion (OrrBranson) Approve Resolution 2002-088 City Manager requested that priorities number 1 and 2 outlined in Section 1 be reversed. The Council unanimously agreed to the amendment. Main Motion Passed Unanimous Resolution 2002-089, authorizing an application for a loan from the Alaska Clean Water Fund for water and sewer projects relating to the Gateway to Forest Acres Sewer Project, the upgrade and realignment of Third Avenue Water Main Project, and the Seward Airport Water and Sewer Extension Project. Main Motion (Shafer/Branson) Approve Resolution 2002-089 Janke requested the Council amend Section 2 by adding the words, "Further, City approval may be required per City Charter and City Code." Council unanimously approved the amendment. Janke explained that the City was applying for grants through the State of Alaska, and the Department of Environmental Conservation was able to offer low interest loans for any matching funds the City might need to contribute. Motion Passed Unanimous Resolution 2002-0909 endorsing the street department equipment purchase for submission to the State of Alaska for the Fiscal Year 2004 funding under the Capital Project Matching Grant Program. City of Seward, Alaska City Council Minutes September 9, 2002 Volume 36, Page 24 Motion (Shafer/Branson) Approve Resolution 2002-090 Janke reminded the Council that each year the City of Seward applied for and received this grant. Internally the City Administration worked with the Department Heads to decide which department had the greatest need. In response to Orr, Janke stated that the resolution was left very generic so that the City had more than one option. In response to Council discussion, Janke noted that the City did not sweep the streets this summer because the City no longer had a street sweeper. Motion Passed Unanimous Resolution 2002-091, accepting State of Alaska Department of Community and Economic Development FY2003 Capital Project Matching Grant in the amount of $74,540 for the purpose of a Police Department Communication System Upgrade, authorize the city manager to execute the grant agreement and appropriate $92,396, including the local share of $17,856 to the Police Communication System Upgrade Capital Project Fund. Motion (Branson/Clark) Approve Resolution 2002-091 Janke noted that this was the Capital Project Matching Grant awarded for 2003. In response to a question from Valdatta, Police Chief David Brossow stated he would look into the logistics of having an 800 number for police dispatch. Motion Passed Unanimous Resolution 2002-092, accepting State of Alaska Department of Community and Economic Development FY2003 Legislative Grant in the amount of $75,000 for the purpose of the police department console, authorize the city manager to execute the grant agreement and appropriate $75,000 to the Police Communication System Upgrade Capital Project Fund. Motion (Branson/Clark) Approve Resolution 2002-092 Janke noted that this was the Legislative Grant awarded for the purpose of upgrading the police console. Motion Passed Other New Business Items Unanimous Schedule a Joint Work Session with PACAB for September 18, 2002 at noon. City of Seward, Alaska City Council Minutes September 9, 2002 Volume 36, Page 25 After Council discussion the Joint Work Session with PACAB was unanimously set for September 18, 2002 at noon. Direct City Administration on response to Homer Electric Association's (HEA) offer to purchase Seward's Electric Utility. Clark suggested the Council respond to HEA's offer by telling them the City of Seward was not interested in selling the utility for the amount they had offered. Orr stated he would like to see a resolution regarding this offer. He felt that the public vote in 2000 on this issue was very close and warranted further Council examination and discussion. Blatchford solicited the Council's opinion on holding a public hearing on the subject. Shafer somewhat agreed with Orr, but did not feel comfortable with HEA's offer. Clark stated he would copy the Council with his financial analysis again, and clarified that he did not feel the amount offered was enough to offset what the utility brought to the general fund. Valdatta stated he would like to see another public vote prior to the City selling the Utility. Council unanimously requested the Administration recirculate the letter sent by HEA. Direct City Administration on lobbying Seward Middle High School Bonds. Council discussed and unanimously requested the Administration research the APOC requirements. Schedule a work session regarding Alaskan Barge & Salvage, Inc.'s proposal to lease city - owned tidelands. After Council discussion a Work Session was unanimously set for September 23 at 6:30 to discuss Alaskan Barge & Salvage, Inc.'s proposal to lease city -owned tidelands. Informational items and reports Council comments Shafer asked the Chief of Police if there were flaws in our local 911 system. Chief Brossow stated that 911 mapping in the Kenai Peninsula Borough has not been completed. Calhoon stated that the City Council owed HEA the courtesy of responding to their offer. City of Seward, Alaska City Council Minutes September 9, 2002 Volume 36, Page 26 Valdatta complimented the AVTEC staff on the great job they did welcoming students to Seward. Blatchford thanked Council Member Clark for attending the State Historical Preservation Commission meeting in Seward. He then thanked City Manager Scott Janke and Council Member Clark for their on -going work on the Wesley issue. Citizens' comments Janke responded to a note passed to him by Chief Brossow from Carol Freeman. Janke thanked Freeman for the call and noted the Public Works Department was working on the smell from the north harbor sewer outlets. Council and administration response to citizens' comments Adjournment The meeting was adjourned 10:00 at p.m. Christy Terry/ Acting City Clerk (City Seal) Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes September 23, 2002 Volume 36, Page 2 7 Call to order The September 23, 2002 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Brossow led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Michael Calhoon Stu Clark Vanta Shafer Bob Valdatta comprising a quorum of the Council; and Scott Janke, City Manager Jean Lewis, City Clerk Absent Nathan Orr Proclamations and Awards. Youth Center Director Shari Adelmann and teen council were presented with a proclamation recognizing National Lights On Afterschool Day. Borough Assembly Report. Borough Assembly Representative Ron Long stated the Assembly met in Homer last Tuesday. He stated the Borough Mayor vetoed the road ordinance that the Assembly passed twice, that would have required roads be built to a standard accepted prior to plat approval. Long stated the Assembly did not have the votes to override the veto. He informed the public of the upcoming Borough election on October 1. City Manager's Report. City Manager Scott Janke stated on September 16 the Kenai Peninsula Manager's Association met in Homer. This was a new organization that included City Managers, Directors, Planners, Finance Directors, MIS and IT personnel, and other members from the communities and Borough administration. He felt it was well attended. Janke stated the City's finance Director, Planner, and MIS representative attended along with the City Manager. He stated this opened lines of communication and it was evident that Managers were not meeting with each other and comparing notes enough. Janke stated those meetings would be held quarterly. The spring City of Seward, Alaska City Council Minutes September 23, 2002 Volume 36, Page 2 8 meeting would be held in Seward corresponding with the meeting of the Borough Assembly. He mentioned some of the dividends paid in the long run would be combined purchase functions and computer networking. Janke informed Council of the busy week of budget work sessions, and requested a work session on the co -location of Providence/Wesley at a time when health industry attorney Steven Rose and Donna Herbert, who was an expert in the financial analysis of the health industry, could attend. Janke would also bring a resolution at the next Council Meeting that would identify for Department of Environmental Conservation the 3`d Avenue water upgrade project as the City's number one priority. He stated the City's consultants that had been hired with Tryck Nyman and Hayes to do the public involvement process with the East Harbor Project, had been in town and continue to compile lists of people who need to be involved. Janke stated the first notices should go out soon. Finance Director Kristin Erchinger explained what the ballot initiative for the exemption of sales tax on non -prepared food items meant to the City. She stated the City's income would be impacted about $279,000. She stressed this would have to be made up in the form of cuts to services or an increase in taxes. Erchinger reminded Council that one third of the City's sales tax goes to repay the hospital bond. She equated this loss of revenue to a .4% increase in sales tax or 1.31 mils on increased property taxes. She stated that the Borough could raise taxes to compensate for the loss in revenues, thus also impacting the citizens of Seward. She stated sales tax could increase to 5.72% and the property tax could go to 11.52mils. In response to Branson, Janke stated this would not affect Seward if the City did not take any action. Seward would still continue to collect sales tax because it was a home rule city. In response to Clark, Janke stated the Borough collected tax for cities within Borough boundaries. In response to Valdatta, Erchinger stated the $279,000 loss of sales tax was an estimate on non -prepared food products. She stated the Borough received reports from the vendors, and the City did not get to see that information. Janke stated if the ballot passed, it would not be implemented on the 3% City sales tax. This meant your non -prepared food items at the store would go from 5 to 3%. Clark stated the total sales tax collected in 2001 was $2,166,000. Other Reports, Announcements and Presentations Hospital Administrator Sandra Reese and Dr. Mike Sullivan of Providence Medical Center presented a status update. They discussed Providence's implemented turnaround plan for billing and financial feasibility, on staff permanent physicians, increased community support and involvement, shared resources, and the facility accomplishments. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. City of Seward, Alaska City Council Minutes September 23, 2002 Volume 36, Page 2 9 Carol Chaudiere, 1129 Cliffview, spoke about Kawabe Park. She stated all phases of the design should have cost analysis with original park objectives. She felt Phase 2 needed to have accurate cost and design adjustments, and requested a work session for Phase 2. Duane Chase, President for Wesley Board of Trustees, stated he had been involved 10 years with the nursing care provided at Providence and it was now providing the best health care in years. He felt Providence recruitment had been wonderful and that they now had doctors that wanted to stay with their families here year round. He stated they had a quality base in terns of care and that the City should try and preserve that. Chase stated that although the future was uncertain, Providence's cash flow appeared steady until 2006. Approval of agenda and consent agenda Motion (Clark/Shafer) Approve the agenda and consent agenda Council approved the appointment of the Canvass Board for the upcoming October 1, 2002 City Election. Council added and set a work session on co -location with Providence and Wesley for Saturday, October 12 at 11:00 a.m. at a time that would include all Boards and members. Council added an agenda item to accept the proposal by HEA and also added an item to instruct the Clerk to fill the PACAB vacancy, and adopt the proposed budget calendar. Motion Passed Unanimous Consent The Clerk read the following approved consent agenda items: Appointment of the 2002 City Canvass Board. Ordinances for Introduction Ordinance 2002-06, amending Seward City Code 5.35.040 by creating a sales tax exemption for rents on senior, disabled veteran, and disabled resident housing. Motion (Clark/Shafer) Introduce Ordinance 2002-06 Motion Passed Unanimous Ordinance 2002-08, amending the Seward City Code, Chapter 9.15, Fire Prevention, adopting the 2000 edition of the International Fire Code, including revisions. Motion (Clark/Calhoon) Introduce Ordinance 2002-08 City of Seward, Alaska City Council Minutes September 23, 2002 Volume 36, Page 3 0 Motion Passed Unanimous Ordinance 2002-09, amending the City of Seward Code, Chapter 12.05, codes of technical regulation, repealing the uniform building Code and adopting the 2000 edition of the International Building Code (IBC), including revisions. Motion (Clark/Branson) Motion Passed Introduce Ordinance 2002-09 Unanimous Ordinance 2002-10, amending the City of Seward Code, Chapter 12.05, codes of technical regulation, repealing the Uniform Housing Code, and adopting the 2000 edition of the International Residential Code (IRC), including revisions. Motion (Clark/Shafer) Motion Passed Introduce Ordinance 2002-10 Unanimous Ordinance 2002-11, amending the City of Seward Code, Chapter 12.05, codes of technical regulation, repealing the uniform Mechanical Code, and adopting the 2000 edition of the International Mechanical Code (IMC), including revisions. Motion (Calhoon/Clark) Motion Passed New business Introduce Ordinance 2002-11 Unanimous Resolution 2002-086, authorizing the City Manager to enter into a contract with ECl/HYER Architects, Inc. to perform the Historic Structure Report for the Jesse Lee Home Rehabilitation Project, Phase 1 and appropriating funds. Motion (Branson/Clark) Approve Resolution 2002-086 Janke stated at the last meeting, council accepted a state grant in the amount of $65,000 for an architectural review and engineer study as part of a legislation request. He stated the City put this out for RFP and received 3 bids. ECl/HYER was the recipient. Janke stated there were no City tax dollars in this. Motion Passed Yes: Calhoon, Branson, Shafer, Clark Blatchford No: Valdatta Resolution 2002-093, approving amendments to the General Fund Legal Budget for the Calendar Year ending December 31, 2002 and appropriating funds. City of Seward, Alaska City Council Minutes September 23, 2002 Volume 36, Page 31 Motion (Clark/Branson) Approve Resolution 2002-093 Janke stated the City needed to appropriate more money to our budget for unexpected legal costs with Wesley co -location and Swalling litigation. Motion Passed Unanimous Resolution 2002-095, authorizing the City Manager to increase the contract with Electric Power Systems for the reconditioning of the Spring Creek Load Tap Changer from $33,500 to $42,915.60 resulting in an increase of $9,415.60. Motion (Clark/Branson) Approve Resolution 2002-095 Utilities Director, Dave Calvert stated the tap changer was in worse shape than expected, and needed more parts than anticipated. Calvert stated as the amount of power being taken from the transformer went up and down, the voltage in your home changed. A tap changer kept the voltage constant. Motion Passed Unanimous Council took a 10 minute break at 9:00 p.m. Resolution 2002-096, authorizing the City Manager to purchase and appropriate funds for a used loader from CMI, and a new dump truck from Alaska Truck Center for a total of $162,571 for use in the Public Works Department. Motion (Branson/Shafer) Approve Resolution 2002-096 Janke stated the money to purchase a dump truck had already been set up in the motor pool fund. Public Works Director W.C. Casey stated the new equipment was needed to continue services. Valdatta requested the City purchase a grader that could go through the alleys. Casey stated the loader he was requesting was a size smaller than the L90 and should plow the alleys just fine. He stated that solving these equipment problems, alleys would receive more attention this year. In response to Clark, Casey mentioned this vehicle had an automatic transmission and that the City needed to replace the whole dump truck fleet. Casey stated because of the age of these trucks, switching transmissions would not be cost effective. These trucks were not even built by Ford anymore. City of Seward, Alaska City Council Minutes September 23, 2002 Volume 36, Page 3 2 Motion Passed Unanimous Resolution 2002-097, authorizing the City Manager to issue a purchase order in the amount of $25,110 to Chugach Electric Association for the purpose of removing Spruce Bark Beetle damaged trees from the transmission line right-of-way. Motion (Clark/Branson) Approve Resolution 2002-097 Utilities Director Dave Calvert stated that the City had a grant to contribute to Chugach, and needed a purchase order to continue removal of those damaged trees. He stated the right of way went to mile 45 at Davies Creek. Motion Passed Other New Business Items Motion (Clark/Branson) Motion Passed Motion (Clark/Branson) Motion Passed Motion (Clark/Calboon) Motion Failed Motion (Clark/Branson) Motion Passed Motion (Clark/Branson) Motion Passed Informational items and reports Unanimous Set a Work Session on the legislative Priority List Thursday October 3 at 7:00 p.m. Unanimous Set a Work Session on the co -location with Providence/Wesley Saturday, October 12 at 11:00 a.m. Unanimous Accept Proposal of HEA Utillity Offer Yes: Calhoon No: Branson, Valdatta, Shafer, Clark Blatchford Instruct Clerk to advertise to sill the vacancy on the Port and Commerce Advisory Board Unanimous Revise Budget work sessions to be set on Oct 15,16, & 17 at 6:30 p.m. Unanimous C' f Seward Alaska City Council Minutes aty o September 23, 2002 Volume 36, Page 3 3 Department Monthly Reports Seward Centennial Report. City Manager Scott Janke will prepare a report on Kawabe Park expenditures to date and a Shipyard Project report for the next meeting. Council comments Clark thanked the management and staff of Providence/Wesley for their accomplishments over the last few months. He reminded the public of the monthly centennial meeting tomorrow at noon. Shafer stated the waterfront appeared bare and was tickled by the colorful dumpsters displayed this year. Calhoon apologized to the public about the HEA issue. He felt it should have gone to the public. He felt possibly the City would get to vote on this issue in the future. Calhoon encouraged public involvement on the Kawabe Park project. He also stated he had enjoyed his time on Council this past three years and would be back often to visit. Branson stated Candidate night would be held Wednesday in the Council chambers and would be broadcast. She suggested the public look at the new mural on the telephone office by Jon V an Zyle. She also thanked Officer Ferguson and Fire Chief Squires for rescuing her from her home flood yesterday. V aldatta complimented the City crew on the rain ditches that were dug. He also felt the City should look into its tariff across the bay at the Ocean Beauty dock. He reported enough complaints that the City was losing revenue because owners could not work on their boats without paying that tariff. Valdatta believed they were paying moorage and a tariff. Blatchford welcomed the City Clerk home from vacation and thanked Michael Calhoon for his public service. Janke stated that Orr wanted him to say something in his absence. He felt the City should address the personal property tax and tariff on boats. Blatchford asked Clark to frame the issue on the boat tariff so it could be addressed during the budget process. Janke had drafted a letter for the cruise ship organizations and would send soon. Citizens' comments - None Council and administration response to citizens' comments City of Seward, Alaska City Council Minutes September 23, 2002 Volume 36, Page 3 4 Adjournment The meeting was adjourned at 10:00 p.m. Je ewis City Clerk Edgar Blatchford Mayor (City Seal) ���°•� OF ;;F�9,,��•, o SEAL 1 s •.r ®,vl a6.� OF City of Seward, Alaska City Council Minutes October 14 2002 Volume 36, Page 35 Call to order The October 14, 2002 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Chief Brossow led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Stu Clark Nathan Orr Vanta Shafer Bob Valdatta comprising a quorum of the Council; and Scott Janke, City Manager Jean Lewis, City Clerk Absent Michael Calhoon Proclamations and Awards. A Proclamation was read recognizing Domestic Violence Awareness Month. Borough Assembly Report. Borough Assembly Representative Ron Long, congratulated the new and re-elected council members. He stated topics considered on the November 8 borough assembly meeting were the $10,000 exemption for EMT and fire service providers and the allocation of fish business tax. He stated they introduced an ordinance that would appropriate $649,000 from insurance and litigation retained earnings to self insure workers compensation insurance for borough employees. Long stated the Borough had been quoted a 300% increase from the provider. The Borough would be looking at other forms of self -insuring as well. He stated the Borough also introduced an ordinance that would amend several provisions of the sales tax code. These amendments would be heard at the next 3 meetings. Long stated the Borough was continuing to work on their State Legislative Priority list. In response to Valdatta, Long stated Nikiski, Sterling and Cooper Landing were awarded funding for senior centers, and Nikiski received funding for a community center through DCED. This had been on the priority list for some time. He specified that Nikiski had formed a recreation and senior service area, created a funding mechanism and taxed themselves. In response to Orr, Long assured that there were no matching borough funds for these proj ects. City of Seward, Alaska City Council Minutes October 14, 2002 Volume 36, Page 36 City Manager's Report. City Manager Scott Janke reminded everyone that the budget work sessions would begin tomorrow night. Janke stated that while in Washington D.C. he spoke with federal lawmakers about our priority projects and other items. He stated the University of Alaska Fairbanks, Ocean Sciences Dept. was interested in creating more of a presence here in Seward. Janke stated he had meetings with FEMA and found a funding source for firemen airpacks. He met with Railroad Board officials on East Harbor issues and testified about the City's needs. Janke also met with Federal Transit authorities on grant monies. The Kenai Peninsula Borough would be here tomorrow to speak to minimizing impacts of the personal property tax on boats for the fishing fleet. He notified that the environmental assessment for Forest Acres was in the 2nd draft. Janke also complimented the Public Works crew on the new drainage ditches. Public Works Director W.0 Casey stated the contractor, Northstar Paving, had sent letters to the Harbor businesses stating they would begin work on the 4th avenue storm drain system, and would try and minimize any inconvenience. Finance Director Kristin Erchinger clarified spending figures on the Kawabe Park bus stop facility. She stated to date the City had received a $70.000 grant for the bus stop facility, and the City had appropriated $277,000, with some being used for a matching grant. She stated the City hoped to receive a $90,000 and a $200,000 grant yet for this project. Erchinger stated the land was purchased in addition, for $155,000 and that the City had not spent $60,000 of the $277,000 quoted. Janke stated landscaping would begin next spring and the $200,000 grant was very difficult to pertain. In response to Shafer, Janke stated the $200,000 grant was not affected by the current problems with the federal budget appropriation process. Administrative Services Director Rick Giffford stated $699,529 of thel million dollar shipyard improvement grant had been spent on the crew facility, fabrication shop, and water and sewer. Other Reports, Announcements and Presentations Status Report given on the Seward Shipyard Improvement Project by D.J. Whitman. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Dennis Lodge, 12286 Lancelot Dr., spoke against the proposed tank farm at the Harbor area. He stated that sitting on the Regional Cities Advisory Council for Oil Spill Prevention had given him a lot of technical knowledge about the oil industry. He felt high volatile fuel in that area would be unsafe for the citizens of this area. Lodge compared some facts and figures between Seward and Valdez. He stated the tank farm would be too close to habitation, too great a risk to the City, and the potential advantages would be outweighed by the disadvantages. Lodge passed out a letter to Council to read at their leisure. John Cote, Bruno Drive, was the assistant principal and spoke in favor of Resolution 2002- 103 which was a grant agreement that funded the hiring of a COPS School Resource Officer. He felt it was a valuable opportunity. City of Seward, Alaska City Council Minutes October 14, 2002 Volume 36, Page 37 David Dieckgraeff, Northstar Circle, also spoke in favor of the COPS School Resource Officer. He felt this would help act as an additional counselor in the schools. Dieckgraeff felt the involvement and the fact that this would be a 4-year program was beneficial. Ron Long, 32551 Castle Drive, commented on the State and Federal Priority Lists. He had updates he would like added and felt additional language was needed. He stated he had spoke with the City Manager about these earlier in the day. Jerry George, slip E16 small boat harbor, wanted to clear up some rumors he had heard about the East Harbor expansion. He stated they were not against the expansion. He is trying to incorporate some master planning that addresses the uplands, allows for future expansion, and coordinates with the Railroad. Approval of agenda and consent agenda Motion (Clark/Shafer) Approve the agenda and consent agenda Council moves the executive session on the City Manager evaluation to the last item of business prior to adjournment by unanimous consent. Motion Passed Unanimous The Clerk read the following approved consent agenda items: Resolution 2002-094, adopting an alternative allocation method for the FY 2003 Shared Fisheries Business Tax Program, and certifying that this allocation method fairly represents the distribution of significant effects of fisheries business activity in the Cook Inlet Fisheries Management Area Approval of September 9 Regular Council Meeting Minutes. Ordinances Public Hearing and Enactment Ordinance 2002-06, amending Seward City Code 5.35.040 by creating a sales tax exemption for rents on senior, disabled veteran, and disabled resident housing. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Clark/Shafer) Approve Ordinance 2002-06 Janke stated this was an ordinance that was adopted by the Kenai Borough Assembly and went into effect October 1. This exempts senior citizens and disabled veterans from paying sales tax on rents for their primary residence. This ordinance if enacted would be retroactive to October 1, 2002. Motion Passed Unanimous City of Seward, Alaska City Council Minutes October 14, 2002 Volume 36, Page 38 Ordinance 2002-08, amending the Seward City Code, Chapter 9.15, Fire Prevention, adopting the 2000 edition of the International Fire Code, including revisions. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Clark/Orr) Approve Ordinance 2002-08 In response to Valdatta, Janke stated that in the past the builder had paid for fire hydrants. More fire hydrants would be coming and this could be appealed to the Council. Motion Passed Unanimous Ordinance 2002-09, amending the City of Seward Code, Chapter 12.05, codes of technical regulation, repealing the uniform building Code and adopting the 2000 edition of the International Building Code (IBC), including revisions. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Clark/Shafer) Approve Ordinance 2002-09 Dave Calvert stated this ordinance made us in compliance to retain local jurisdiction over our building codes. Motion Passed Unanimous Ordinance 2002-10, amending the City of Seward Code, Chapter 12.05, codes of technical regulation, repealing the Uniform Housing Code, and adopting the 2000 edition of the International Residential Code (IRC), including revisions. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Clark/Branson) Approve Ordinance 2002-10 Calvert stated if this ordinance was not adopted, the City would have homes being built with no standards. He stated that builders would also have trouble with financing. Motion Passed Unanimous Ordinance 2002-11, amending the City of Seward Code, Chapter 12.05, codes of technical regulation, repealing the uniform Mechanical Code, and adopting the 2000 edition of the International Mechanical Code (IMC), including revisions. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Clark/Branson) Approve Ordinance 2002-11 City of Seward, Alaska City Council Minutes October 14, 2002 volume 36, Page 39 Calvert stated this is required by the State of Alaska. He stated the City must adopt this ordinance to remain in compliance. Motion Passed New business Unanimous Resolution 2002-098, establishing the City's number one Capital Improvement Project for 2003 as the "Upgrade and Realignment of the 3d Avenue Water Main." Motion (Clark/Shafer) Approve Resolution 2002-098 Janke stated that after talks with Council, the granting agency would have to have made this the number one priority to receive the 50 points. Janke was comfortable the City could get a grant for this. He stated the need to get this done before the 0-8 project so the road would not have to be dug up twice. Janke wanted to coordinate the two projects. Motion Passed Unanimous Resolution 2002-099, approving the City of Seward's Calendar Year 2003 State Legislative Priorities. Motion (Clark/Branson) Approve Resolution 2002-099 Council unanimously adds construction of the Middle School to this list under beneficial legislations as number 1. Council unanimously adds Economic Development #3 that puts in specific language provided by the City Manager from our Federal list to address SMIC, the Shipyard facility, and to include the outside of SMIC. Council unanimously changes Economic Development #2 to change the grant amount to .5 million and add language for repairs and upgrading. Motion Passed as amended Unanimous Council recesses for a 10 minute break. Resolution 2002-100, approving the City of Seward's Calendar Year 2003 Federal Legislative Priorities. Motion (Clark/Shafer) Approve Resolution 2002-100 Council unanimously adds Economic Development #4 that stated the same language for Qutekcak Shellfish Hatchery that was put into the State Legislative Priority List. Mayor Blatchford declared a possible conflict and it was ruled there was no conflict. City of Seward, Alaska City Council Minutes October 14, 2002 Volume 36, Page 40 Motion Passed as amended Unanimous Resolution 2002-101, authorizing the City Manager to enter into an agreement with S&R Enterprises Incorporated (S&R), for disposal of four derelict power scows at the Seward Marine Industrial Center (SMIC) for an amount not to exceed $24,180.00. Motion (Clark/Branson) Approve Resolution 2002-101 Clark expressed concern about sole -source procurement. Motion (Clark/Branson) Postpone Resolution 2002-101 Indefinitely Branson felt this should go through the process and out to RFP. Jim Beckham, Harbormaster stated it had been his goal to get rid of the derelict scows from across the bay for some time. At first it did not go out for RFP because there was only one person who owned this incinerator in the State. He stated that since then, he had learned of another possibility within the state and felt it should go out to bid. Motion Postponed Indefinitely Yes: Shafer, Clark, Branson, Orr and Blatchford No: Valdatta Resolution 2002-102, accepting a grant in the amount of $90,000 from the Kenai Mountains- Turnagain Arm National Heritage Corridor Communities Association (KMTA-CCA) through the National Scenic Byways program from the Federal Highway Administration for the Seward Kawabe Park and Interpretive Site, and authorize the City Manager to enter into an agreement with KMTA-CCA for the grant funding, appropriate the grant funds and provide for the local match funds in the amount of $22,500 from the City's contribution to the Kawabe Park Capital Project Fund. Motion (Clark/Orr) Motion Passed Approve Resolution 2002-102 Yes: Clark, Shafer, Orr, Valdatta and Blatchford No: Branson Resolution 2002-103, accepting a U.S. Department of Justice, office of community oriented policing services, Cops in Schools Grant in the amount of $125,000 to fund one new additional full-time officer hired as a school resource officer or take the place of a locally funded veteran officer that would be deployed as a School Resource Officer and authorize the City Manager to execute the Grant Agreement and appropriate $254,705, including the local share of $129,705 to the Cops School Resource Officer Fund. City of Seward, Alaska City Council Minutes October 14, 2002 volume 36 Page 41 Motion (Shafer/Clark) Approve Resolution 2002-103 Janke stated there were local matches required over the three year period of this grant. He stated the first year would cost the City $3,705, year two required a match of $20,725, and year three would be $39,275, with the entire cost of year 4 being absorbed by the City at roughly $66,000. Chief Brossow spoke in favor of this program. The City was one of 4 or 5 recipients of this grant in Alaska. He stated our most precious resource was our children and this program was needed and supported by the school. Motion Passed Unanimous Resolution 2002-104, accepting a State of Alaska Department of Corrections FY 2003 Capital Project Grant in the amount of $7000 for the purpose of maintenance, repair, renovation, fire and life safety and security equipment for the Seward Community Jail and authorize the City Manager to execute the grant agreement and appropriate $7,000 to the Seward Community Jail Capital Project Fund. Motion (Clark/Branson) Approve Resolution 2002-104 Janke stated this grant had no local matching grant required. Brossow stated this money would be used for bedding, repairs, clothing, radios and security items for transportation. Motion Passed Unanimous Resolution 2002-105, appropriating $10,000 from the State of Alaska Department of Health and Social Services as a pass -through grant to the Providence Seward Medical Center for the purpose of funding hospital performance improvement activities. Motion (Branson/Shafer) Approve Resolution 2002-105 It was ruled by the Chair that Council member Shafer did not have a conflict on this issue. Motion Passed Unanimous Resolution 2002-106, authorizing the City Manager to submit to the State of Alaska, Department of Natural Resources, an application for a Historic Preservation Fund Grant to develop a Seward National Historic Site Trolley Tour. Motion (Clark/Shafer) Approve Resolution 2002-106 Janke mentioned that if Council approved this resolution, it would also have to approve the grant agreement if it was awarded to the City. He noted the Chamber of Commerce supports this. City of Seward, Alaska City Council Minutes _October 14, 2002 Volume 36, Page 42 In response to Shafer, Malcolm Brown, City Planner, stated that the Historic Preservation Commission had endorsed this project. Tom Swann, Commissioner of the Historic Preservation Committee, spoke in favor of adding the multi -media presentation on the trolley. Janke mentioned concern in deleting section 3 because of the matching grant. Motion (Branson/Clark) Motion passed Delete Section 3 Section 3 deleted Council relaxes the rules to allow Tom Swann to speak. Motion (Clark/Orr) Motion passed Amend Section 3 Unanimous Council adds language to Section 3 to read; If the City of Seward is awarded the grant for the Seward Historic Site Trolley Tour, the City Council intends to introduce a resolution providing matching funds for this project or will solicit matching funds in kind or otherwise. Main Motion passed as amended Unanimous Other New Business Items The October 1, 2002 Regular Municipal Election results were certified as follows: Report of Absentee and Questioned Ballots Absentee ballots voted 58 Questioned ballots voted _ 7 Personal Representative ballots voted _ 2 Total Voted 67 Rejected Not registered, registered too late or registered out of City Form not completed properly 1 Signed/witnessed after election day 0 Total Rejected 9 Counted Absentee 54 Questioned 2 Personal Representative 2 Total Counted 58_ City of Seward, Alaska City Council Minutes October 14, 2002 Volume 36, Page 43 The Election Day results, after canvassing are as follows: Two-year Council Seats F.lecthnn Dnv VntPC A4tar! onnn T—+—. J. Michael Taylor - - 35 . VLLip 5 i vLaL v ULcb 40 Vanta Shafer 261 35 296 Willard Dunham 168 37 205 Bruce Sieminski 156 20 176 Darrell Deeter 132 11 143 Linda Amberg 171 20 191 Margaret Branson 281 31 312 Write Ins 5 5 One-year Council Seat Election Dav Votes After Canvnsc Vntac T. fr l 17 .+ Robert Valdatta -- 306 45 1 VLUA V VLL3 351 Michael Kothe 105 12 117 Write Ins 2 2 2 A total of 512 people voted at this election. A Special Meeting was set for Council's Organizational Meeting to swear in New Council Members, elect the Vice Mayor, and appoint council liaisons to the Planning and Zoning Commission and the Kenai Peninsula Borough Economic Development District for Monday October 21 at 7:30 p.m. An executive session for the evaluation of the City Manager following tonight's regular city council meeting, and appointment of a member of Council to tabulate results was reset as the first item of business at the Special Meeting October 21 at 7:30 p.m. Executive sessions for evaluations of the City Clerk and City Attorney, and tabulation by Vice - Mayor Stu Clark was put on the agenda for the Special Meeting Monday, October 21. Informational items and reports Alice Pickett Memorial Animal Shelter September Report. Council comments Clark advised a lengthy work session was held on the co -location of the Providence/Wesley Facility. He stated it was a complicated process the City was going through. Clark complimented the Seward Volunteer Fire Department on their 2001 life safety achievement award. He also stated Scott Janke was the only City Manager in Alaska to receive certification from the International City Managers Association. City of Seward, Alaska City Council Minutes October 14, 2002 Volume 36, Page 44 Valdatta thanked everyone for coming out for the election. He reminded people that he was interested in bringing more employment into town. He also complimented the City staff for the magazines and information that they pass on to Council. Valdatta stated that the Chamber of Commerce would be holding a masquerade party on October 26. Branson thanked everyone for their votes and looked forward to two more years on Council. She was pleased with the COP grant for the school. Shafer stated she was grateful for the votes and to be elected back on Council. She too thought the COP grant would be a good program. Blatchford congratulated the newly and re-elected Council members, and Janke on his certification. He felt participation was what made local government, and thanked everyone for their participation. Citizens' comments Nina Daley, 415 4ch Avenue, stated that last Saturday's work session on Providence/Wesley co -location was lengthy. She wanted to thank the City Manager and Council for allowing the negotiations to continue in the public view instead of executive sessions. She appreciated the opportunity to attend and be informed. Daley thanked the reporter from the Phoenix Log for always being at all the meetings and keeping the public informed and involved. Jerry George, Slip E16 small boat harbor, stated he co-chaired a committee this spring to help the City develop a public involvement process. The result of this committee is waiting at the Planning and Zoning level to adopt the process for public involvement. He encouraged the Council to look at this when it comes out. David Dieckgraeff, Northstar Circle, thanked Council for support of the new Middle School and the new School Resource Officer. Council and administration response to citizens' comments Janke stated he attended on the proposed regulatory changes to Medicaid reimbursements. He found out the only public notice that went out on this was from the DHSS website and had asked for a delay decisive action on the changes until there was time for studies and public input. Valdatta thanked George for coming and for his work on the public involvement process. Adjournment The meeting was adjourned at 10:45 p.m. City of Seward, Alaska City Council Minutes October 14, 2002 volume 36 Page 45 Jean Lewis City Clerk (City Seal) �, Edgar Blatchford .• b �,� m ® i SEA o m • N %•N� , *W8hxa1 a'°°sW� Mayor City of Seward, Alaska City Council Minutes October 21. 2002 _ Volume 36, Paee 46 Call to order The October 21, 2002, Special Meeting of the Seward City Council was called to order at 6:30 p.m. by Vice -Mayor Stu Clark. Opening ceremony Council Member Valdatta led the pledge of allegiance to the flag. Roll call There were present: Vice -Mayor Stu Clark presiding, and Margaret Branson Nathan Orr (arrived at 7:00 p.m.) Vanta Shafer Willard Dunham (was sworn in at 10:00 p.m.) Edgar Blatchford (arrived at the 8:00 p.m. recess and presided) Robert Valdatta comprising a quorum of the Council; and Jean Lewis, City Clerk Brad Meyen, Attorney Absent "* None Citizens' comments on agenda items not scheduled for public hearing and those items not appealing on the agenda Li Glen Stout, Northstar Paving, wanted the city's cooperation to handle the contaminated materials on 4`h Street. Wendy Lindskoog, Director of External Affairs at the Alaska Railroad, mentioned the Railroad was caught off -guard by the legislative priority list that the City passed. She felt the land transfers of Railroad land to the City of Seward needed more consideration. The Railroad would like to meet more often, offer better communication, and have work sessions with Council to work together for common visions. Lindskoog also stated the Railroad supported the small boat harbor expansion. Ron Long, Borough Assembly Representative, shared an experience he had while in Washington D.C. He heard comments that Seward received a disproportionate amount ofmoney for a town of its size. He commented that the City of Seward had large projects for a small town. Long stated Seward benefited from strong leadership from Council and Administration, and good professional representation on a daily basis. He felt the City needed to continue teamwork, unity, and a strong front in Washington D.C. City of Seward, Alaska City Council Minutes October 21. 2002 Volume 36. Pane 47 Nina Daley, 416 Ballaine, stated she was upset to have to sign -in to address council. She asked when the wording had changed and felt it was important for the public to be able to speak at meetings. She was also concerned that the Railroad was unhappy. Approval of special meeting agenda Motion (Orr/Shafer) Approve the Special Meeting Agenda. Council discussed whether to table, postpone or re -arrange the agenda tonight to wait until the Mayor appeared. Amendment (Shafer/Orr) Move Resolution 2002-107 to the first item of business Motion Passed Unanimous Resolution 2002-107, authorizing the City Manager to enter into a Use Agreement for a portion of the Northeast Parking Area with North Star Paving and Construction Incorporated, for a period not to exceed 120 days. Motion (Orr/Branson) Approve Resolution 2002-107 City Manager Scott Janke stated Northstar found contaminated soils while excavating along Port Avenue. He stated Northstar needed a place to store and clean those soils. Janke was concerned and wanted to protect the City from liability and hold harmless for that operation on City Property. An agreement had been drafted and proof of insurance provided. Janke stated Northstar had made an agreement with the Railroad to store some of the soil. They wanted to use the Northeast ramp parking area to store equipment and clean soil. Janke wanted to see an approved Department of Environmental Conservation cleanup plan. Rules were suspended to allow Contractor to answer questions. In response to Shafer, Alan Drake, Project Engineer for Department of Transportation, stated the contamination appeared to be diesel. Thor Kallestad, an Environmental Engineer with CH2MHILL, hired by the contractor Northstar, stated as they worked their way down Fourth Avenue, the contamination appeared to be gasoline, diesel, waste oil and some anti -freeze. Kallestad asked to use the Northeast parking area to stage material. He stated a work plan had been approved by DEC. In response to Shafer and Clark, Kallestad advised they were ready to receive soil, sample soil underneath and would adhere to all regulations. They had built a berm to receive the long term stockpile, and it could receive a heavy amount of rain. CH2MHILL would treat the contaminated soil with a filtration unit on site. In response to Valdatta, Kallestad stated they found 4 or 5 buried drums with one leaking green fluid behind the NAPA store. It appeared to be an old dump area. City of Seward, Alaska City Council Minutes October 21, 2002 Volume 36 Pam Janke stated this was a permit for only 120 days. CH2MHILL would be regulated under state and federal laws, and be required to have a DEC approved clean-up plan. Harbormaster Jim Beckham stated this area was full of petroleum products from after the earthquake. Railcars and bunkers were bladed over with gravel and covered, and it was likely more contamination would be found. Orr stated while he was in Anchorage, a total stranger from Oregon stated he heard Seward had an oil spill and contamination problem. Shafer was concerned about buried railcars. Motion Passed Motion (Shafer/Branson) Motion Passed Unanimous Recess until 8:00 p.m. Unanimous Council recessed until 8:00 p.m. to allow time for Mayor Blatchford to arrive. Council reconvened at 8:00 p.m. Unfinished business Executive session for the City Manager's Evaluation. Motion(Clark/Shafer) Convene into Executive Session for the City Manager's Evaluation. Motion Passed Unanimous After Executive Session, Council took a 10 minute break. New business Executive Session for the City Clerk's Evaluation. Motion (Branson/Shafer) Convene into Executive Session for the City Clerk's Evaluation. Motion Passed Unanimous Executive session for the City Attorney's Evaluation. Motion (Branson/Shafer) Convene into Executive Session for the City Attorney's Evaluation. City of Seward, Alaska City Council Minutes October 21, 2002 Volume 36 Page 49 Motion Passed Unanimous Swearing in and seating of newly elected Council members. Motion (Clark/Orr) Swearing in and seating of newly elected Council members. Motion Passed Unanimous City Clerk Jean Lewis swore in Vanta Shafer, Margaret Branson, Robert Valdatta and Willard Dunham. All took their new seats at the dais. Elect the Vice -Mayor and appoint council liaisons to the Planning and Zoning Commission and the Kenai Peninsula Borough Economic Development District. Motion (Shafer/Branson) Motion Passed Motion (Branson/Orr) Motion Passed Elect Vice -Mayor and Appoint Council Liaisons Unanimous Nominate Stu Clark as Vice -Mayor Unanimous Council appointed Stu Clark as liaison for the Planning and Zoning Commission. Council appointed Nathan Orr as liaison for Port and Commerce Advisory Board and the City Representative to the Economic Development District Board of Directors. Council comments Orr welcomed all elected council members and wished the delegation fun in Japan. Clark thanked Council for being elected Vice -Mayor again and looked forward to his trip to Japan. Clark welcomed Dunham to Council. Shafer also welcomed Dunham to Council and looked forward to the trip to Japan. Branson stated she was looking forward to the trip to Japan and two more years on Council. She also welcomed Dunham to Council. Valdatta felt there was a broad representation of people on Council now, and thought the process of tonight's meeting was fair. Dunham thanked Council for the kind words. He stated sitting on Council would be a new step for him and thanked the citizens of Seward for voting for him. Dunham hoped everyone would City of Seward, Alaska City Council Minutes October 21 2002 Volume 36, Page 50 be satisfied with the job he would do, and looked forward with pride and anticipation to Seward's 100`h birthday celebration next year. Blatchford thanked Dunham and wished Vice -Mayor Stu Clark well with his official duties while in Japan. Citizens' comments - None Council and administrative response to citizens' comments Clark mentioned the Centennial committee would meet next Tuesday at the fire hall at 7 p.m. They needed support and ideas. Adjournment The meeting was adjourned at 10:35 pm Jean ewis City Clerk (City Seal) eo`�nar=a�ra�r�� •°' G` 'GPO r gar Blatchford Mayor City of Seward, Alaska City Council Minutes November 4 2002 Volume 36 Pa e SI Call to order The November 4, 2002, special meeting of the Seward City Council was called to order at 8:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Council Member Willard Dunham led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Willard Dunham Nathan Orr Bob Valdatta comprising a quorum of the Council; and Rick Gifford, Director of Administrative Services Cheryl Brooking, City Attorney (telephonically) Christy Terry, Assistant City Clerk Absent were: Margaret Branson Stu Clark Vanta Shafer City Manager Report — Acting City Manager Rick Gifford reported that 10 gallons of diesel fuel had been spilt at the City Shop. City staff immediately began clean up efforts. At this time all the oil was mopped up and 99% contained. Citizens' comments on agenda items not scheduled for public hearing and items other then those appearing on the agenda Steven Schafer, 2511 Diamond, noted several issues Afognak Logging had with the Rock Agreement presented to Council. He began by citing contract provision #2 and stated he disagreed with the last sentence requiring Afogaak to first remove the 'Afognak Shot Rock.' Schafer then disagreed with the last sentence under contract provision #4 requiring Afognak to pay for all applicable fees or charges set by the City of Seward. He then requested language be added to contract provision #11 excluding other companies removing rock from the Quarry for the same project. Shafer then discussed his differences with the Resolution and stated the 5`h whereas clause should have language added that specified the City stockpiled rock. Approval of special meeting agenda City of Seward, Alaska City Council Minutes November 4 2002 Volume 36, Paze 52 Motion (Orr/Valdatta) Approve the Special Meeting Agenda Motion Passed Unanimous New business Resolution 2002-113, authorizing the City Manager to negotiate and enter into an agreement with Afognak Construction & Excavating, Inc. to remove rock from the 4`h of July Creek Rock Quarry for the Alaska Department of Transportation and public facilities projects on the Kenai Peninsula. [Substitute] Motion (Orr/Dunham) Approve Resolution 2002-113 Gifford thanked the Council for being available for this Special Meeting. He clarified that the State of Alaska was operating under emergency conditions and was in need of a considerable amount of rock. He noted that the original resolution had been changed to this substitute resolution with Afognak Construction & Excavating. Quality Asphalt Paving had decided to purchase the rock from Afognak for $20 per ton, once the City had sold it to Afognak for $15 per ton. Gifford noted that the resolution stated the contract would be approved in substantially the same form as presented at this meeting and clarified that the City did not want to negotiate in public. Blatchford clarified with the Administration that this contract would not come back to Council and received an answer in the affirmative. City Attorney Cheryl Brooking stated that the contract without substantial material changes is what the parties would sign. She clarified she would like to hear any changes come from Council. V aldatta expressed frustration with the City Administration not encouraging more rock being sold from our Quarry instead of from Girdwood. Gifford answered that the City had a limited amount of rock available and noted that the City did not have control over where the State chose to purchase rock. Dunham discussed his concerns about what size and type of rock was being sold for $15 per ton. He questioned how ownership of the rock was decided and his impression was that all the rock in the Quarry belonged to the City. Public Works Director WC Casey stated that some months ago he, the City Manager, and Mr. Schafer visited the Quarry and, because of expenses incurred by Afognak Logging in sorting rock for past contracts, identified certain piles as Afognak Logging's rock. He referred the Council's attention to attachment A and stated that this resembled the current rock piles in the Quarry. Dunham stated that in his calculations there was not 35,000 tons of rock readily available in the Quarry and asked the Administration where they were going to get that amount of rock. Casey estimated the amount of rock in the piles available. City of Seward, Alaska City Council Minutes November 4, 2002 Volume 36 Page 53 Council relaxed the rules to allow Steven Schafer to answer questions. Schafer stated that he estimated 20,000 tons of rock was available and noted the State did not want to shoot any rock at this time. In response to Orr, Schafer stated that he was not interested in sorting the pile of reject rock. Dunham stated for the City's protection the Council should establish which rock is being removed and the exact amount. He noted his pleasure at selling the rock, but wanted to insure fairness for the City and the contractor. Valdatta supported paying the contractor to sort the reject rock so that more rock would be available to sell. Brooking reiterated that this issue was before Council because of the State's emergency. Brooking explained the amount outlined in the contract was an estimate of a maximum amount to meet the needs of the State. She noted that the designation of the rock piles was to address any verbal comments made in the past. Orr estimated 10,000 tons of rock whose ownership was not in question. He stated that this rock should be identified and sold at $15 per ton. Dunham reiterated his concern that larger rock was being undervalued in this sale. Casey encouraged Council to include Afognak's shot rock as part of the contract so that the blast face would be clean. The Council called a recess at 9:25 in order for the Administration to review a letter produced by Steve Schafer sent from City Manager Scott Janke addressing the ownership of the rock piles in the Quarry. The Council reconvened at 9:40. Gifford stated that if Council desired to follow the identification of the rock in the November 13, 2001 letter from City Manager Scott Janke to Afognak Logging and Excavation, then he recommended Council finish selling the rock identified as Afognak's rock in order to resolve the issue. In response to Dunham, Gifford clarified the piles identified as Afognak's rock. Orr wondered if the Administration had any issues with setting a time certain for Afognak to remove the rock identified as theirs, since this project was under a time crunch. Gifford stated he would agree with that recommendation. Dunham suggested changing the word from 'shall' to 'will' under contract provision #2. Valdatta questioned why the Council would want to restrict the sale of the rock to 10,000 tons. City of Seward, Alaska City Council Minutes November 4, 2002 Volume 36, Paze 54 Gifford stated the Administration would return with another agreement on Friday night if all the sorted rock was sold and more was needed. Council relaxed the rules to hear from Steve Schafer. Schafer stated his position that the shot rock was not part of this contract and would be bought from the City at $1.50 per ton because of prior arrangements. Administration stated that they were asking for the shot rock to be removed to clear up the issue at the Quarry, not as part of selling the rock with this contract. Dunham asked the Administration for a clarification on Mr. Schafer's concerns with contract provision #4. Brooking stated this provision was standard in any City contract. In response to Dunham's further questions, she explained that contract provision # 11 was necessary and would be used in the event the State wanted to hire another contractor to obtain rock from our Quarry at the same time as Afognak. Brooking stated this provision was not intended to interfere with Afognak's removal of rock. Amendment (Dunham/Orr) Amendment Passed Revise the maximum amount of rock removed though out the contract and resolution from '35,000' tons to '10,000' tons Unanimous V aldatta clarified that the Administration would bring back another contract if more rock was needed. Gifford stated that that contract might have to be negotiated at a different price if sorting the rock is involved. Valdatta restated his frustration with not providing the State with more rock. Dunham noted that if this resolution was passed that verbiage should be changed as discussed. Blatchford understood that the Administration would have the power to make those changes during negotiations. Orr clarified with Administration that a City employee would be present in the Quarry while rock was being removed and received an answer in the affirmative. Main Motion Passed Unanimous Council comments — None. City of Seward, Alaska City Council Minutes November 4, 2002 Volume 36, Pam Citizens' comments Steve Schafer, 2511 Dimond, understood that the amount of rock had been amended from 35,000 tons to 10,000 tons. He stated he would be operating without a contract in the morning and suggested in the future having a work session prior to such an issue going to Council. Council and administrative response to citizens' comments Dunham clarified that the Council did discuss Schafer's concerns and that these would be addressed during negotiations between Afognak, Administration and the City Attorney. He noted he had made comments and suggestions regarding Schafer's concerns. Valdatta reiterated his frustration that the City was holding up the State's efforts to procure rock. He felt this would have future repercussions on City projects. Orr stated that the Administration was the entity of the City that signed the contracts and clarified that substantially the contract was in the form that would be signed. He did not understand the contractor's further concerns and stated the Council had done their job approving the resolution. Gifford stated the Administration would work on the contract that same evening and asked the attorney to be available via phone. Adjournment The meeting was adjourned at 10:05. Chr Terry ' (' —Assi tant City ClerkOF (City Seal) a e��` '1 . •• S.` O�•y fh t,,4 F 'Vol nfi y v spy yJ 411,41361410 Edgar Blatchford City of Seward, Alaska City Council Minutes November 8, 2002 Volume 36, Page 56 Call to order The November 8, 2002, Special Meeting of the Seward City Council was called to order at 6:30 p.m. by Vice -Mayor Stu Clark Opening ceremony Council Member Valdatta led the pledge of allegiance to the flag. Roll call There were present: Vice -Mayor Stu Clark presiding, and Margaret Branson Vanta Shafer Willard Dunham Bob Valdatta comprising a quorum of the Council; and Scott Janke, City Manager Rick Gifford, Administrative Services Director Jean Lewis, City Clerk Absent were: Edgar Blatchford Nathan Orr Citizens' comments on agenda items not scheduled for public hearing and items other then those appearing on the agenda None Approval of special meeting agenda Motion (Branson/Shafer) Approve the Special Meeting Agenda with laydown Motion Passed New business Unanimous Resolution 2002-11 % amending the Roek Removal Agreement dated November- 4, 2002 between the City of Seward and Afognak Gonstr-uetion & Exenvating, ine. to allow r-emoV Y fs of reekM pr-ojeets resulting from the reeent flooding on the Kenai Penin City of Seward, Alaska City Council Minutes November 8, 2002 Volume 36, Page 57 Substitute Resolution read: Resolution 2002-115, authorizing the City Manager to negotiate and enter into an agreement with Colaska, Inc. to remove rock from the 4tn of July Creek Rock Quarry for the Alaska Department of Transportation and Public Facilities Projects on the Kenai Peninsula. Motion (Branson/Dunham) Approve Substitute Resolution 2002-115 City Manager Scott Janke requested the wording on the agenda be replaced with the above. He stated Quality Asphalt had changed their name to Colaska Inc. Janke stated the contract of November 4"' for stockpiled rock had only 1,500 cubic yards of B rock, not the 10,000 cubic yards as had hoped. He said there was still a pressing need for rock. Janke stated we could sell material to Colaska for D.O.T. at $16 a ton for B rock and $22 a ton for A rock. Janke stated the urgency was that most of the trucks would be gone in the morning if there was no rock to sell. Amendment (Shafer/Dunham) Add "Whereas" clause and "Section 2" from first resolution Motion Passed Unanimous Janke stated appropriating $15,000 from the recent quarry sales would enable the City to rent the excavator for $9,000. The City would be using their own employees Monday through Friday to work it. Janke stated the City is selling existing stockpiles only. He wished to rent the equipment to sort the rock and load their trucks tomorrow. Public Works Director W.C. Casey stated it was the City's objective to get the Quarry cleaned up and ready for RFP. He felt this resolution would expedite that process. Janke stated the old contract with Afognak had been completed. The B rock stockpile was gone. He stated Afognak still had rock to remove. Valdatta felt it was a shame the contractor wasn't present tonight to tell his side of the story. Main Motion Passed Yes: Branson, Shafer, Dunham and Clark No: Valdatta Council comments Dunham felt the City had failed in cleaning up the Quarry. He hoped the Administration would work to get that cleaned up. Valdatta agreed with Dunham and felt the City should make clean up of the Quarry a priority. City of Seward, Alaska City Council Minutes November 8, 2002 Volume 36, Pam Citizens' comments Steve Shafer, 2511 Dimond, stated it was Afognak's intent to clean up the Quarry. It was not meant to be a burr in the City's side. He noted that some of their clean up had been left by other contractors that had been using the Quarry. Council and administrative response to citizens' comments Dunham responded by saying he felt it was agreed that this would be cleaned up by a certain date. Adjournment The meeting was adjourned at 7:20 p.m. Jean ewis Edgar Blatchford City Clerk *111 116#1 siae� Mayor (City Seal) 01P '• " City of Seward, Alaska City Council Minutes November 8, 2002 Volume 36, Page 59 Call to order The November 8, 2002 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice -Mayor Stu Clark. Opening ceremony Council member Valdatta led the pledge of allegiance to the flag. Roll call There were present: Vice -Mayor Stu Clark presiding, and Margaret Branson Willard Dunham Vanta Shafer Bob Valdatta comprising a quorum of the Council; and Scott Janke, City Manager Jean Lewis, City Clerk Absent Nathan Orr Edgar Blatchford Proclamations and Awards. Vice -Mayor Stu Clark presented the letter box gift received from Obihiro, Japan and remarked about the wonderful reception the delegation received while there. Borough Assembly Report. Borough Assembly Representative Ron Long thanked all the crews that helped out with the flood. He stated that funding was made available and a permit was issued for some in -water creek work. The Borough hoped to have a meeting in Seward November 20 to address flood issues. Long stated the Borough received $200,000 from D.O.T. for a transportation plan. He stated Sprague was voted President with Superman as Vice -President. Long noted the Borough was holding several public hearings on sales tax exemptions. In response to Valdatta, Long stated the Borough's objective was not to raise taxes. Sales tax revenues and reserves were where they should be, and the intent was to make them more equitable, make them simple, and more progressive than regressive. Long expanded that the proposed changes in sales tax would change the way that non profits would collect tax if they were in a competing business. City of Seward, Alaska City Council Minutes November 8, 2002 Volume 36, Page 60 City Manager's Report. City Manager Scott Janke stated he would be meeting with FEMA tomorrow to go over damage assessment to open up federal funds. He stated other meetings held would be with Usibelli, the Railroad, and Chuck Barber, a grant writer to help the City acquire funds for the long-term care facility. Janke reiterated the words of the Vice -Mayor earlier and stated the hospitality from the people of Obihiro, Japan was wonderful. Other Reports, Announcements and Presentations Jeff Stanley of CRW in Anchorage gave a presentation on the Gateway to Forest Acres Route Selection. Applicants John French, Edwin Glotfelty, Tom Tougas, and Steve Reese spoke to their qualifications and desires to be on the Port and Commerce Advisory Board Fiscal Year 2003 Budget Presentation by Finance Director Kristin Erchinger. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Dorene Lorenz, Seward Centennial committee member, stated they had limited their focus to 2 or 3 large projects, and a dozen small projects. She asked for a work session and stated Council guidance was needed. Approval of agenda and consent agenda Motion (Branson/Shafer) Approve the agenda and consent agenda Motion Passed Unanimous The Clerk read the following approved consent agenda items: Resolution 2002-110, authorizing the City Manager to issue a purchase order to Alaska Transportation Company LLC DBA Hertz Car Sales in the amount of $29,500 for the purchase of a 2000 Ford Crown Victoria to be used by the General Services Department and a 2001 Ford Escape to be used by the Engineering Department and appropriating funds in the amount of $29,500 from the General Fund fund balance to the Motor Pool Fund. September 23 Regular City Council Meeting Minutes. Non -objection to the renewal of liquor license for the Yukon Bar- License #1245. Public Hearings Fiscal Year 2003 Budget, consisting of the General Fund, Enterprise Funds, the Motor Pool Fund, and the Capital Budget. City of Seward, Alaska City Council Minutes November 8, 2002 Volume 36, Page 61 _ Tom Tougas, 208 Bear Drive, commented on the way the Borough was changing their collection of sales tax for recreational activities. He felt it would have a positive impact on the City's revenue. Tougas felt the Borough estimate of $64,364 may be underestimated. John French, 506 Fourth, was concerned about the decrease in the bed tax. He felt it was just replacing the 1% bed tax with a 1% sales tax. He felt the proposed tax increases would hit the harbor businesses with a triple whammy. French felt the City would be creating a competitive disadvantage for businesses operating capital assets out of the Harbor. He stated that those businesses were a big part of the economic engine that drove this community. French requested Council to seriously look into who was receiving an additional tax burden. New business Resolution 2002-108, authorizing amendment of its lease with the University of Alaska to relinquish a corner of the land located Railroad Avenue and Lowell Point Road from the leased area. Motion (Dunham/Shafer) Approve Resolution 2002-108 Janke stated this amendment would allow the D.O.T. to build a pedestrian pathway along the southern side of Railway Avenue, from the Sealife Center to the bridge at Lowell Creek Tunnel. He stated this pathway would be planned for construction next year. Motion Passed Unanimous Resolution 2002-109, appropriating $145,135.50 from the General Fund fund balance to the General Fund, General Services, Health Insurance account for the purpose of funding an assessment from APUIT to fund health plan reserves. Motion (Branson/Shafer) Approve Resolution 2002-109 Director of Administrative Services Rick Gifford stated APUIT stands for Alaska Public Utilities Insurance Trust. The City of Seward was the founding participating member of that trust in the late sixties. He stated this was a self -insured plan where the premium contributions paid in, were used to pay out administrative costs and claims. He stated a high utilization and higher claims in the past couple years had drained the trust fund by over 1 million dollars. Gifford pointed out the plan had increased rates by 15%, and assessed an additional 20% increase for those individuals that had the higher claims. Gifford also pointed out that all employees now contributed 7.5% toward the premium. Gifford stated APUIT hired Willis of Alaska to look into our operation to make it more efficient. An RFP for a new administrator went out. He noted the City switched from Calco to RBMS. He stated that alone had saved money already. He stated the Administration was working closely with RBMS to attempt to keep costs down. Gifford stated this resolution was the result of claims to be paid between administrators. Motion Passed Unanimous City of Seward, Alaska City Council Minutes November 8, 2002 Volume 36, Page 62 Resolution 2002-112, amending the Port and Harbor Tariff to establish an annual adjustment to the moorage fees in the Seward Small Boat Harbor by the previous Year's Anchorage Consumer Price Index for all urban Consumers (CPI). Motion (Shafer/Branson) Approve Resolution 2002-112 Janke stated this resolution was supported by the Port and Commerce Advisory Board. He stated this request was based on the Consumer Price Index (CPI). Janke informed Council that this was annually and that the Harbor had not had a moorage rate change in nine years. He stated operating costs had been absorbed in the past years, but felt it was time for an increase. Shafer stated she was against raising these fees annually. Amendment (Shafer/Branson) Delete wording that refers to annual increases, and replace with a one time raise of the rates by 2.8% on December 31, 2002. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Other New Business Items Route selection for the Gateway to Forest Acres waterline. After much discussion with Administration, Department heads and CRW, Council agreed on route selection alternative #2 and added a line to that route beginning at the junction of Hemlock and Hemlock, and running East to Oak Street. Motion (Branson/Dunham) Motion Passed Choose route selection alternative #2, and amend to include a line beginning at the junction of Hemlock and Hemlock Street running East to Oak Street. Unanimous Council recessed for a ten minute break at 10:25 p.m. Vice -Mayor Stu Clark appointed Tom Tougas to the Port and Commerce Advisory Board with a term ending July 2005, and the decision was unanimously supported by Council. Work Session on the Legacy Project Motion (Dunham/Branson) A work session to discuss the Legacy Project was set for Monday November 18 at 6:30 p.m. City of Seward, Alaska City Council Minutes November 8, 2002 Volume 36, Page 63 Motion passed Work Session on Railroad/City Related Topics Motion (Dunham/Valdatta) Motion passed Informational items and reports Unanimous A work session to discuss City and Railroad issues was set for Tuesday, December 10 at 11:00 a.m. Unanimous Pricing Quotes on the Fire/Rescue/Homeland Security Boat Seward Centennial Report Council comments Dunham stated he attended the small boat harbor presentation. He was concerned that on the East side there would not be anywhere to grow as it was designed. He stated by making a parking lot on the south side, precluded any potential to expand to the South. Dunham asked why the City was unsuccessful in getting the urban renewal classification lifted 20 years after the earthquake. He stated the entire bay was high risk, and if the South side was filled in, there would be no opportunity for continued growth in that area. Dunham also expressed concerns that local hotels were so unhappy with the noise ordinance downtown. Valdatta asked for that classification to be re-evaluated a few administrations ago. He thanked everyone who came out to speak. He also felt the citizens and Borough did a great job repairing after the flood. Branson wanted to make a few comments about the trip to Japan. She thought it was wonderful and a beautiful city. She felt the City could learn a bit about riverbank stabilization and energy conservation. Branson was excited to have the people of Obihiro here next year. Shafer also wanted to comment on the Japan trip. She felt the relationships developed during our student exchange program over the years had been meaningful. She stated that in a world with so much turmoil, friendships like this with other countries were very worthwhile. Clark noted he had not had any contact with the student exchange program over the years, but watching the result of the longstanding relationships was heartwarming. He commented on the compact image of the trash trucks that would be ideal for our City's alleys. He thanked the Clerk, Lani Lockwood and Christy Terry for putting the trip together. Clark thanked the people of Obihiro for their gracious hospitality. Citizens' comments City of Seward, Alaska City Council Minutes November 8, 2002 Volume 36, Page 64 John French, 506 Fourth, commented on the fire department request for a fire boat. He supported their request and stated a Coast Guard patrol boat would be permanently based in Seward, which would enhance our rescue capabilities. He encouraged cooperation with all agencies involved. Lynn Hohl, 2415 Cedar, wanted to comment on the Forest Acres waterline project. She wanted the main road traffic re-routed from Ash and Cedar to Hemlock. She felt the street had limitations and traffic coming down Ash would be a detriment to the Forest Acres community. Council and administration response to citizens' comments Janke referenced comments by Tom Tougas, stating the additional $60,000 of sales tax revenues were not built into the budget this year. Janke preferred to be conservative with the figures. He was impressed with the way all towns on Hokkaido, Japan took care of their infrastructure and the absence of potholes. Dunham agreed with Hohl about the need for additional exits from Forest Acres. Adjournment The meeting was adjourned at 10:55 p.m. Jean Lewis City Clerk (City Seal) 1 �� �F S�yl;�`ti . ......... •� Pd lap AIL o' r1` 13,,. c n.d} O F'P.� 4/ Edgar Blatchford ayor City of Seward, Alaska City Council Minutes November 18, 2002 Volume 36, Page 65 Call to order The November 18, 2002 regular meeting of the Seward City Council was called to order at 30 p.m. by Vice -Mayor Stu Clark. Opening ceremony Chief Brossow led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, (arrived 7:40 p.m.) and Stu Clark Margaret Branson Bob Valdatta Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Jean Lewis, City Clerk Absent Nathan Orr Willard Dunham City Manager's Report. City Manager Scott Janke stated the Borough would hold an open house at the Alaska Sealife Center to address flooding issues on Wednesday, October 20. He noted the purpose was to take public testimony on the floods and formulate long range flood mitigation plans. Janke stated the Department of Transportation Improvement Plan was published. He was upset to find Nash Road had been moved to the year 2005. Janke would be drafting a letter requesting a construction advance. He would also attend a meeting on December 12 to try and find ways to bring the Fourth Avenue project higher on their list. Janke mentioned the Environmental Assessment was available on the North Levee Forest Acres Project, and had been forwarded to the National Resource Conservation Service (NRCS) for funding review. He felt the permit process would start in a couple of weeks. Janke noted that Senator Alan Austerman would be touring Seward tomorrow. Janke mentioned issues that were still being worked on in regards to the Providence/Wesley co -location. He stated the lease on the Wesley Facility from Global to the City was being completed, Donna Herbert was completing the financial analysis work -up, an operating agreement pursuant to the request from Providence was being worked on, and he was working with a grant writer on the Denali Commission Grant. Janke also stated an RFP for the 4`h of July Rock Quarry should be out in December. City of Seward, Alaska City Council Minutes November 18, 2002 Volume 36, Page 66 In response to Valdatta, Janke stated Bill Noll had been busy and the City had not heard from — him recently. Other Reports, Announcements and Presentations A Presentation for the Seward Conference and Visitor Bureau was given by Paul Carter. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Sandy Wasillie, Centennial Events Coordinator, gave an update about the Centennial Projects. She stated $174,500 was needed and $62,000 of that had been collected so far. She noted there was a local effort focused on fund raising. She stated narrative and display ads would be coming out in the milepost and travel guides for promotion purposes. Wasillie stated alot of time had been spent working on the use agreement with the Railroad on using their passenger facility for three major events. She stated presenters and keynote speakers for the Symposium on February 8 were committed, and appeared to be pretty well organized. Tim Crozier, 524 2"d, was a member of Seward Volunteer Fire Department and Volunteer Ambulance Corp. He was involved in kicking off the Centennial Ball on January 1 and wanted to put on the biggest fireworks display in the State. The cost would be in excess of $23,000, with $12,000 collected so far. He wanted this to be an affordable, classy event for all families. Crozier requested help from the City and stated this event was non profit and any left over monies would be turned back into the City. Carol Griswold, 412 First Avenue, spoke in opposition of the Yukon Fuel facility and the lack of public process. She felt the project was too big, too close and too dangerous. She spoke of fatality, evacuation and injury zones. Griswold felt the project was too great a risk for the community. She felt people were concerned with the risks of this project and the lack of information from City government.. Griswold stated it was not her job to bring the project to the public's attention and encouraged Council and Administration to hold a town meeting to solicit public input. Paul Carter, 700 D Street, spoke his concern of the noise in the downtown area and read a letter from the Alaska Academy of Family Physicians. This group wished to return for an unprecedented third time to hold their annual conference, but felt the noise from the bars downtown late at night was abusive and excessive. They felt a restful sleep is paramount to a successful conference. Carter felt the City should be proactive in dealing with this issue for the future. Laura Beck, Middle School Teacher and a group of Close -Up Students spoke about their enthusiasm to be going to Washington D.C. this coming March 2003. They thanked the City for their continued support for the 15 year program, and were all looking forward to their educational and governmental experience. Beck noted the students were happy to donate four hours each towards Community Work Service in return for the financial support. Approval of agenda and consent agenda City of Seward, Alaska City Council Minutes November 18, 2002 Volume 36, Pa e 67 Motion (Clark/Shafer) Approve the agenda and consent agenda Administration pulled Resolution 2002-121 approving amendments to the general fund legal budget for the calendar year ending December 31, 2002 and appropriating funds, from the agenda to re -schedule on the December 9 Regular Meeting. Motion Passed Unanimous The Clerk read the following approved consent agenda items: Resolution 2002-120, accepting a $16,740 grant from the Kenai Peninsula Borough for the purpose of removing spruce bark beetle damaged trees from the electric right-of-way. Approval of November 4, 2002 minutes of Special City Council Meeting. Other Public Hearing Items Fiscal Year 2003 Budget, consisting of the General Fund, Enterprise Funds, the Motor Pool Fund, and the Capital Budget. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Unfinished business Council discussion and direction on 2003 operating budget and proposed reductions. Janke suggested adding 80 water and electric hook-ups in the campground to increase the projected revenue forecast about $80,000. He also recommended taking out two one-time expenditures in the Centennial and Promotions accounts, and fund them from the reserves. Janke also recommended delaying the satellite fire station to save $57,000. In response to Shafer, Janke stated that all camping funds would go to the general fund. He noted that Administration had been working on this budget since August. He also noted that November 8 began the public introductions with work sessions the week beginning November 12. Shafer stated she had heard a lot of concern in raising taxes and encouraged the public to voice their opinion. Valdatta took responsibility in bringing up the increase in electric rates, and felt the City had too many non-profit organizations that weren't paying and point of sales should be taxed also. Valdatta stressed the importance of taking care of the City's infrastructures. Motion (Clark/Shafer) Direct City Administration to develop the 2003 operating budget with proposed reductions. This included: increasing sales tax by 1%, reducing the general fund City of Seward, Alaska City Council Minutes November 18, 2002 Volume 36, Page 68 operating budget by $300,000 and adding camping fee revenue of $80,000 after water/electric hook-up enhancement, and Motion Passed New business removing the bed tax decrease. Unanimous Resolution 2002-111, authorizing the City Manager to contribute $1,000 to the Close-up Washington D.C. 2003 Program trip expenses Motion (Clark/Branson) Approve Resolution 2002-111 Janke stated that the City contributed $1000 in return for some community work service by the students each year. Motion Passed Unanimous Resolution 2002-114, authorizing $10,000 be appropriated from the General Fund and distributed to the Seward Volunteer Ambulance Corps to help offset the cost of the Centennial Celebration Fireworks Display. Motion (Clark/Branson) Approve Resolution 2002-114 Clark stated that Crozier's enthusiasm was contagious and thanked him for his volunteerism with the Fire Dept and Ambulance Corp. Motion Passed Unanimous Resolution 2002-116, approving amendment 14 to the Contract with Kent Dawson Company, Inc. for state lobbying services through December 31, 2003. Motion (Branson/Clark) Approve Resolution 2002-116 Janke stated there was no change in value on the contract from the prior year. In response to Valdatta, Janke stated Kent Dawson was aware of potential conflicts. Clark stated that Dawson had represented Seward well for many years and that the City needed an experienced lobbyist like him in Juneau. Motion Passed Unanimous Resolution 2002-117, amending a Contract with Robertson, Monagle & Eastaugh and Zane & Associates to extend the term for federal lobbying representation through December 31, 2003. City of Seward, Alaska City Council Minutes November 18, 2002 volume 36, Page 69 Motion (Clark/Shafer) Approve Resolution 2002-117 Janke stated this contract was for continued lobbying in Washington D.C. and there were no changes in monetary services from last year. It was ruled Mayor Edgar Blatchford did not have a conflict because there was no financial benefit from sitting on a committee with people in the above firm. Motion Passed Unanimous Resolution 2002-118, authorizing the City Manager to enter into an agreement with Metco, Inc. to remove rock from the 4th of July Rock Quarry. Motion (Clark/Branson) Approve Resolution 2002-118 Janke stated this contract was essentially the same as the one awarded to Colaska Inc. recently. Metco needed 6000 tons of material to repair Exit Glacier Road. Valdatta voiced his frustration for the need of a long-term contractor in the Quarry to compensate the residents of Seward. Motion Passed Unanimous Resolution 2002-119, authorizing the City Manager to enter into an agreement with Tryck Nyman Hayes, Incorporated (TNH) for Change #1 to the public involvement and schematic design services contract for the East Harbor Expansion Project, adding harbor area master planning services for an amount not to exceed $61,345. Motion (Clark/Shafer) Approve Resolution 2002-119 Janke stated that in August the City entered into a contract with TNH to do a public involvement process and float design for the East Harbor Expansion Project. Harbormaster Jim Beckham stated the contractors had met twice with the Railroad real estate division, and were being kept involved with the master plan. He stated parking was the largest issue on this project and that a sizeable addition had been put on the web page to address this expansion. In response to Branson, Beckham stated that Seward Fisheries had been very active in the participation process. He stated that all businesses in the area were included as stakeholders in the process. He noted there were still significant land and parking issues to be mitigated. He stated the Federal Agencies were concerned with dropping dredge material out in the bay. In response to Valdatta, Beckham stated the Harbor was originally designed for much smaller boats and was aware of boat skipper concerns with the entrance. He stated all boats were getting bigger and this project was concentrating on larger slips. Beckham stated the whole project was based on a cost benefit analysis incorporating commercial boats. Beckham also spoke about the dredging area and upland fill for area Ul. Responding to Valdatta, Beckham stated that it was a fish City of Seward, Alaska City Council Minutes November 18, 2002 Volume 36, Page 70 trap but there was a misconception that the Harbor was stagnant. Tests by the Corps of Engineers showed water exchange in the harbor were one of the best, and the oxygen content was very good. hi closing Beckham stated there would be ADA access and good comments were coming from the public involvement process. Motion Passed Unanimous Informational items and reports Department Monthly Report. Seward Alice Pickett Memorial Animal Shelter October 2002 Report. Council comments Clark apologized to the many PACAB applicants for not thanking them for applying. He was impressed with the quality of applicants. He noted that the Council heard from the Something for Us volunteers at a work session prior to this meeting and direction was given. Clark thanked the people for letting him go to Japan and mentioned he had over 800 pictures posted on his website for public view. Shafer voiced concerns about Yukon Fuel, and apologized to the City for not talking more about it with the people. She felt it never seemed to materialize and regretted not keeping the public informed. She felt it would be good to have a town meeting with Yukon Fuel, the fire department, and the public. Branson was heartened by the young people going to Close -Up and hoped some of them would eventually be on Council. Valdatta expressed condolences to families and friends who recently lost loved ones this past week. He felt more attention should be paid to the development of industry. Blatchford noted that past mayor Bill Ullom had passed away and requested Willard Dunham be the official City representative at the funeral. He thanked Vice -Mayor Stu Clark for leading the delegation in Japan and expressed best wishes to the students in the Close -Up program. Citizens' comments Tim McDonald, Mile 2 Nash Road, noticed the Ul area was one of the important areas for our sport fishermen because of the king salmon population. He stated tonight was the first time he noticed that the east harbor expansion went through that area. Judy Martin, 13692 Bruno Road, thanked the Council for supporting the Centennial celebration, and felt the Convention and Visitor Bureau needed to work with the Chamber and do some more homework before asking for money. City of Seward, Alaska City Council Minutes November 18, 2002 Volume 36, Page 71 Helen Marrs, Executive Director Chamber of Commerce, stated Paul Carter had never contacted the Chamber about the visitor bureau. She too felt they were putting the cart before the horse and stated she would appreciate working with Carter. Marrs stated Seward already had a visitor bureau. She also thanked Council for keeping the bed tax in the budget. Council and administration response to citizens' comments Janke responded to comments made about the Yukon Fuel Project. He felt that opposition was premature. Yukon Fuel approached the City about a year and a half ago and made a presentation of their plans. Janke stated this project had not been a public item because there was no project finalized, no design, and no permits requested. He felt a decision would be made soon by Yukon Fuel to let us know if there was a project. Clark stated Yukon Fuel was having difficulties justifying this project economically, and had been determining whether the idea was feasible. Clark stated there was no need to jump without a fence. Valdatta reminded the community that Yukon Fuel had spent hundreds of thousands of dollars over the years working on boats in this town and was not a new company working here. He directed attention to the fact there was another side to the coin and that Yukon Fuel was an old survivor for this town. Adjournment The meeting was adjourned at 9:20 p.m. JeanXewis City Clerk 110111ui e#00-A (City Seal) •••` G•��F,PGp.3�s • u •i SE :o yy OFiAL�';Ali ,� Edgar Blatchford ayor City of Seward, Alaska City Council Minutes December 9 2002 Volume 36, Page 72 Call to order The December 9, 2002 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Sgt Bond led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Stu Clark Willard Dunham Nathan Orr Vanta Shafer Bob Valdatta comprising a quorum of the Council; and Kristin Erchinger, Acting City Manager Jean Lewis, City Clerk Brad Meyen, City Attorney Absent None Proclamations and Awards. A proclamation for "Christmas around the World" Celebration on December 16 was presented. Borough Assembly Report. Borough Assembly Representative Ron Long stated the main topics of discussion for the meeting on November 19 were on sales tax revisions and an update on the Statewide Transportation and Improvement Projects list from D.O.T. Discussion ensued about the process used for scoring this list. He stated that a meeting on flood control and mitigation planning was held at the Alaska Sealife Center. Long thanked the Sealife Center for hosting this well -attended meeting. He stated a follow-up meeting would be held later on forming a service area or flood plain district. Long also mentioned that on December 4, the Borough Assembly held a six hour work session to finalize the Legislative Priorities Booklet which would be introduced at the December 10 meeting. Long guessed other topics that would be discussed at that meeting would be on the proposed sales tax increases and how it would affect non-profit organizations and recreational services. He stated the Borough would set a hearing within the proposed boundaries on the Lowell City of Seward, Alaska City Council Minutes December 9, 2002 Volume 36, Page 73 Point fire service area. Long also noted a liquor license transfer for a business at Bear Creek was on the agenda. He stated that EDD had a two-day forum and had good questions on mariculture and the shellfish farm. Long informed the public that FEMA was in Seward through Wednesday offering registration and assistance. In response to Dunham, Long felt the tax ordinance as proposed would hurt the Sealife Center. He stated without a compelling argument he could not support this tax unless it could be found that businesses were put at a competitive disadvantage by these sales. He felt a majority of the Sealife Center gift shop was mission specific. He stated the only recreational services were charter boats and day cruises. In response to Shafer, Long stated he did not feel there was support on the Assembly for lifting the tax cap. City Manager's Report. Acting City Manager Kristin Erchinger stated that there would be a work session tomorrow between the City and the Alaska Railroad. The three main topics would be their master plan, sales tax issues and the small boat harbor expansion. She stated financial analysis was received today on the impact of co -location between Providence and Wesley. A management agreement between the City and Providence, and between the City and Wesley, were being drafted in-house and ready to submit to Providence soon. Erchinger advised that FEMA was still in Seward and had an 800 number to register for flood assistance. She also stated that City crews were cleaning up the quarry and needed an additional two weeks with the rented excavator to completely finish. Erchinger stated that Afognak had completed hauling work as of yesterday afternoon. She stated they would be removing the remaining piles by December 31. Erchinger noted the City Attornies were putting together an ordinance that would allow for contracting work out of the rock quarry. She also stated the City was working with PN&D to draft an RFP that would contain a mining plan, a reclamation plan and a long 5-year management agreement for the rock quarry. Erchinger announced that the University of Alaska, Fairbanks School of Fisheries and Ocean Sciences would be entering into an agreement with Frank Rue to serve as league facilitator for the planning of the multi -agency research center and homeport for the Alaska Region Replacement Vessel. She stated Mr. Rue would begin January 15, 2003. Director of Administrative Services Rick Gifford stated the City's health insurance claims were low, but were still paying out more than contributions brought in. He stated the City was looking at an increase but did not have the quote. Willis would attempt to negotiate and give 30-day notice. Willis met with the trustees of the Alaska Public Utilities Insurance Plan and gave proposals for possible benefit reductions. Gifford stated deductibles would go up, pharmaceutical usage was up, and there was an offer to go to an 80/20 plan instead of the 90/10 plan. Gifford also informed that Willis was the consultant while RBMS processed all the benefits and was the risk manager. He felt this plan was very competitive, with the potential to market other companies into it to make a larger reserve pool. In response to Clark, Erchinger stated the excavator could be used for 10 more days and the result would completely clean up the quarry. She stated the current rate being paid for the excavator was $30 an hour. City of Seward, Alaska December 9, 2002 City Council Minutes Volume 36, Paze 74 In response to Valdatta, Gifford stated each City employee paid for the insurance individually with the advantage of paying only one deductible. Also in response to Valdatta, Erchinger stated the City would be spending money out of this specific budget for overtime to clean up the quarry. She stated two guys had been working 10 hours days, 6 or 7 days a week, to try and clean up the quarry as quickly as they could while they had the excavator, so an RFP could be issued as soon as possible as Council requested. Erchinger stated the City was not prepared when the last trucks were here because rock would have had to have been blasted because there was not enough rock on the ground. She advised for that reason, it was not feasible to provide rock for that particular job. City Attorney Report. City Attorney Brad Meyen stated the issues his firm had been involved with this past month were contract review and drafting of Providence/Wesley agreements, shellfish agreements, and preparing ordinances for this Council meeting. Other Reports, Announcements and Presentations A Presentation by Louis Jennings of Yukon Fuel was given. He stated that the project was suspended unless economic conditions changed in the future. He further stated that with depressed global prices and other factors, the cost of this project was not enough to finance a facility of this magnitude. An Update was given on the Multi -Agency Visitor Center Project by Anne Castellina, Superintendent of the National Park Service, stating the multi agency was in a state of suspension until at least June 2003. Citizens' comments on agenda items not scheduled for public hearing and items other than those appearing on the agenda. Ron Long, 32551 Castle Drive, spoke in support of Resolution 2002-141 on the shellfish hatchery contract amendment. He stated the tribe was asking for an extension under the same terms and conditions to address issues that were important to them. Paul Carter, 700 5th Avenue, continued to request $75,000 funding for the Seward Conference and Visitor Bureau. He stated he had an attentive plan to move forward and work with the Chamber, and requested a work session to market the cruise ship services. Doug Lowthian, 23330 Vinewood, spoke against the tank farm being based in Seward for a number of reasons. He felt it was not the place for a tank farm since schools, harbors and other infrastructure was in such close proximity. He was also disturbed that this could go through without more input. Jim McCracken, Lowell Point, spoke in support of Ordinance 2002-14 on the salmon smolt purchase. He stated that Prince William Sound fishermen gave a percentage of their gross for this City of Seward, Alaska City Council Minutes December 9, 2002 Volume 36, Page 75 purpose and with another year of high water, felt it was important this opportunity would move forward. Andy Mezirow, 213 Bear Drive, supported Ordinance 2002-14. He stated the "persons selling from vessels" phrase should not be included in the Ordinance. He reiterated that this agreement was between charter boats and the City, not commercial fisherman. In response to Valdatta, Mezirow stated the hatchery was receptive to climatizing the smolt for release. Ron Hewitt, 1306 Seward Highway, supported the idea of the Seward Conference and Visitor Bureau. He stated he had only been here 3 months, but had seen a good result of these bureaus in other towns. Marianna Keil,1701 Chiswell, spoke in support of the New Year's Centennial ball. She asserted tickets were on sale and it was the hottest ticket in town. She also notified Council of the $5000 donation from the First National Bank. Carol Griswold, First Avenue, spoke against the Yukon Fuel Project. She stated it was too huge of a project for too small of a land base. She asked Council to say no to this project. Approval of agenda and consent agenda Motion (Clark/Shafer) Approve the agenda and consent agenda Mayor Edgar Blatchford declared a conflict with two of the consent agenda items and abstained from voting. Motion Passed Unanimous Main Motion Passed Unanimous with Edgar Blatchford abstaining. The Clerk read the following approved consent agenda items: Resolution 2002-134, authorizing a contract through December 31, 2003 with Alaska Newspapers, Inc. for display advertising in the Seward Phoenix Log at a rate of $7.53 per column inch, with a minimum of 35 column inches per week. Resolution 2002-139, approving a contract for external audit services. Resolution 2002-140, authorizing the City Manager to enter into a contract with Afognak Construction and Excavating for providing on -call snow removal/sanding service for the 2002- 2003 winter season, primarily for Lowell Point Road. Resolution 2002-141, approving an amendment to the operations contract with the Alaska Department of Fish and Game for the City of Seward to operate the Seward Mariculture Research Center and Shellfish Hatchery, and amending the agreement to assign the operations contract by the City of Seward to Qutekcak Native Tribe. City of Seward, Alaska City Council Minutes December 9, 2002 Volume 36, Page 76 Approval of the October 14, 2002 minutes of the Regular City Council Meeting, the October 21, 2002 Special City Council Meeting, the November 8, 2002 Special and Regular City Council Meetings and the November 18, 2002 Regular City Council Meetings. Public Hearings Resolutions 2002-124 through 2002-132, approving Fiscal Year 2003 Budget, consisting of the General Fund, Enterprise Funds, the Motor Pool Fund, and the Capital Budget. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Point of order was raised, but was ruled all could speak since these issues all related to the above budget. Iris Darling, 209 41h Avenue, represented the downtown business merchants, and stated they were opposed to the sales tax increase and felt it would not be beneficial for the business owners. She felt the City needed to tighten their belt and that there were better places to cut. Tim McDonald, Mile 2 Nash Rd., wanted to know why maintenance personnel were ranked higher than public works personnel. He felt the City was trying to do way too much and should be the first to feel the pinch. George Hiller spoke in partial opposition to the ordinance that raised business license fees for charter boats to stock salmon smolt in Resurrection Bay. He felt it was too big of an increase, and that all stakeholders should have had to support the change. He didn't approve that a minority group ('/a ofthe stakeholders or 27 members) were responsible for this project. Hiller stated most of those members didn't even reside in Seward. No one else appeared to address the Council and the public hearing was closed. New business Motion (Clark/Dunham) To change the order of business and reschedule the Regular City Council Meeting of 12/23 to Wednesday 12/18, and add work sessions on Providence/Wesley and the Rock Quarry. Motion Passed Unanimous Ordinances for Introduction Ordinance 2002-12, amending Title 5 Revenue and Finance, Chapter 5.50, real property tax, making certain technical corrections to the exemption for exterior aesthetic enhancement and providing a partial exemption for real property owned and occupied by persons who provide fire fighting or emergency medical services in the City and providing for an effective date. City of Seward, Alaska City Council Minutes December 9, 2002 Volume 36, Page 77 Motion (Shafer/Branson) Introduce Ordinance 2002-12 Motion Passed for Introduction Unanimous Ordinance 2002-13, increasing the City sales tax from three percent to four percent, beginning April 1, 2003. Motion (Clark/Branson) Introduce Ordinance 2002-13 Erchinger stated that a substantial part of the City's income came from sales. She stated for the last 10 years the City had been deferring maintenance, there was no capital budget, and the City had been robbing from the enterprise funds to the point of harm. She felt there would be a substantial cut to services without the $720,000 in added revenue. She stated the City could no longer provide the services the public had come to expect. Erchinger listed the reasons for the shortfall as: • Insurance costs have risen annually. Insurance now costs $600,000 more a year than 5 years ago • In the last 10 years, contributions the City received from the State of Alaska had dropped $300,000 a year • The City had absorbed $350,000 a year to replace equipment • The Seward Marine Industrial Center bond debt to build the dock loses $327,000 a year • The Kenai Peninsula Borough tax cap has remained at $500 since the 1970's • The cost of doing business had increased and there was less and less buying power over the years Erchinger stated the City had implemented services over the past few years in response to demand by the community such as; longer hours for DMV, longer hours and weekends added to the Library, more consistent care -givers and many afterschool and youth programs which were incredibly popular were added, a full-time dispatcher was added to maintain 24-hour coverage, and a school resource officer was added and stationed at the schools. She stated technology and computers were added to the library, along with a downtown bathroom which needed to be maintained, streetlights, skate park and bikepaths. She stated all these additions were in response to what the community said they wanted. In response to Valdatta, Erchinger complimented him for thinking outside the box but noted when the City recently did their analysis of the increased rate for utilities, the analysis resulted anywhere from a 9% to 174% increase to utility users. She stated that once it was brought up to Council they found it too high of a price increase and did not want it. Clark stated over 60% of the sales tax was being paid by visitors and people outside of the community. hi response to Orr, Erchinger reported health insurance had gone up $225,000, workers compensation $40,000, general insurance $22,000 since last year, which equaled an increase of City of Seward, Alaska City Council Minutes December 9 2002 Volume 36, Page 78 $287,000. She further stated the debt service on SMIC was $302,691. Orr stated for the last 3 years the debt service on SMIC had been taken out of the Electric Department resulting in one million dollars. He noted the community could still do this, but capital projects and upgrades of infrastructure were now in need of attention. Orr noted even with $300,000 in cuts that would eliminate about seven j obs. He felt the City had squeezed for years and there were not a lot of places to cut. Orr stated more than nickel and dime cuts would be needed to make up this deficit. He welcomed the public to participate in the budget work sessions. Orr felt it would be cheaper to pay a sales tax increase than pay more for utilities. Shafer stated she could not in good conscious keep taking money out of the utility fund when infrastructure needed to be replaced. She stated the public had been calling her, but did not offer any suggestions on how to come up with an additional $720,000. Dunham stated the utility idea was not a bad one. He was disturbed to find that out of a 7.3 million dollar budget, 4 mills were for services and 3 mills were for debt payments that the City could not default on or change. He noticed the City still owed 1.1 million on the sidewalks. Dunham was not in favor of increasing the property tax and could not see an alternative other than raising the sales tax. Clark stated that there would not be a sale of the utility, and that Council was the Board of Directors of that utility. He did not want to see any further reduction in those reserves because the consequence of depleting that fund was the need for maintenance now. In response to Orr, Erchinger stated the City had bond reserves set aside in the electric f and as part of their cash balance that the City could not touch. She didn't think it was possible to negotiate a reduction of that bond reserve. In reference to a seasonal sales tax, Erchinger noted surprisingly the 1st and 4th quarters of the year account for 40% of the total sales tax. Orr liked the idea of cutting the whole budget by $100,000, with anticipated revenues over expenditures from this past budget of $100,000 and cut $100,000 from the general budget for a total gain of $300,000 and applying a seasonal sales tax. Dunham noted that he was concerned with Providence/Wesley negotiations and the 1 % sales tax on the debt service for the hospital. Motion Passed for Introduction Yes: Shafer, Branson, Dunham, Clark and Blatchford No: Valdatta, Orr Ordinance 2002-14, amending Seward City Code Section 8.30.025, revising annual business license fees for charter boat operators and persons selling fish to the public from vessels, to support the annual purchase of salmon smolt for release in Resurrection Bay. Motion (Branson/Orr) Introduce Ordinance 2002-14 Erchinger stated this program was started at the request of the Seward Charter Boat City of Seward, Alaska City Council Minutes December 9, 2002 Volume 36 Page 79 Association to enhance sport fishing in Resurrection Bay by planting salmon smolt yearly. She stated this ordinance would increase the business license fees for the charter boat operators. Erchinger remarked that the language of "fish sales to the public from vessels" was added because of proposed federal law that would allow subsistence fisherman to sell a portion of their catch. She felt this would put the charter boats at a disadvantage. Amendment (Orr/Branson) Motion Passed Main Motion Passed for Introduction Resolutions Exclude the wording "fish sales to the public" from the Ordinance. Unanimous Unanimous Resolution 2002-124, adopting the City General Fund Operating Budget and setting the mill rate for calendar year 2003. Motion (Clark/Dunham) Approve Resolution 2002-124 Erchinger stated this was based on a 1% sales tax increase. Motion Passed Yes: Valdatta, Clark, Dunham, Shafer, Branson, Blatchford No: Orr Resolution 2002-125, adopting the Parking Enterprise Fund Budget for calendar year 2003. Motion (Clark/Shafer) Approve Resolution 2002-125 Erchinger stated painting and striping needed to be done in the Harbor. In response to Valdatta, Erchinger stated the City was still counting $1 bills. Amendment (Clark/Valdatta) Postpone until 12/18 for Administration to draft a resolution raising the Parking fees from $3 to $5. Motion Passed Unanimous Resolution 2002-126, adopting the Hospital Debt Service Fund Budget for calendar year 2003. Motion (Clark/Branson) Approve Resolution 2002-126 Erchinger stated this fund accounted for the 1 % sales tax that was dedicated to pay hospital bonds on PERS. She stated at the end of year 2003, $758,000 was projected to fund the debt service. City of Seward, Alaska City Council Minutes December 9, 2002 Volume 36, Page 80 In response to Clark, Erchinger stated the original indebtedness to PERS was 1.2 million. She noted PERS was directed to have a firm figure by March 1 ". She stated the original intent was to pay down that PERS debt. She reported the City may now want to spread out those payments to PERS to absorb the sales tax in the event it no longer kept pace with projections. In response to Valdatta, Erchinger stated the 1% sales tax was required to be spent on the debt service on the bond, the debt service to PERS and a capital replacement fund. She stated it was not possible to use the money other than for those three items. Motion Passed Unanimous Resolution 2002-127, adopting the Motor Pool Internal Service Fund Budget for calendar year 2003. Motion (Clark/Shafer) Approve Resolution 2002-127 Motion Passed Yes: Dunham, Branson, Clark, Shafer Blatchford No: Orr, Valdatta Resolution 2002-128, adopting the Water and Sewer Enterprise Fund Budget for calendar year 2003. Motion (Clark/Shafer) Approve Resolution 2002-128 Erchinger stated this fund projected a net decrease in cash of $177,306. Dunham wanted to hold back funding for the new position for one year. Erchinger stated this department conducts water sampling daily and had three full-time employees. She reported that Consultants hired in the past felt a water service of this size should have five employees. She informed Council of the backlog of projects and aging system that does not get addressed. Erchinger stated the Administration had discussed having a water and sewer rate study in 2003. Motion Passed Yes: Shafer, Branson, Clark, Blatchford No: Dunham, Valdatta, Orr Resolution 2002-129, adopting the Electric Enterprise Fund Budget for calendar year 2003. Motion (Clark/Dunham) Approve Resolution 2002-129 Erchinger stated this budget proposed to decrease cash next year, leaving them with an ending cash balance of 2.6 million dollars. She noted money would not be put aside for the maintenance and repair fund as in the past, and this budget was predicated on a 5% decrease to the commercial electricity rate. City of Seward, Alaska City Council Minutes December 9, 2002 Volume 36 Page 81 In response to Clark, Erchinger stated the generator project had been worked on. In response to Dunham, Erchinger stated the intent was to extend the transmission line through the Snow River area. The money was earmarked for that T-line proj ect but the crew did not have the time. She did state that the City Manager had directed the Utility Director to move on all projects this coming year. She stated the distribution feeder money on Nash Road, which extended additional capacity to the area, had been set aside but was not completed. Erchinger reported the need for the additional equipment. Amendment (Orr/Shafer) Motion Passed Main Motion Passed Eliminate transfers of the Electric Fund to the Motor Fuel Fund for the mini -excavator and haul truck Unanimous Unanimous Resolution 2002-130, adopting the Small Boat Harbor Enterprise Fund Budget for calendar year 2003. Motion (Clark/Branson/) Approve Resolution 2002-130 Erchinger stated this budget was predicated on an increase to the moorage rate of 2.8%. Motion Passed Yes: Clark, Shafer, Dunham, Branson, Valdatta and Blatchford No: Orr Resolution 2002-131, adopting the Seward Marine Industrial Center (SMIC) Enterprise Fund Budget for calendar year 2003. Motion (Clark/Shafer) Approve Resolution 2002-131 Erchinger stated the SMIC fund was in deficit each year with the 2003 projected deficit being $306,931. Dunham had questioned the Administration on why utility sales to the prison were not shown as revenue in the SMIC fund instead of the electric fund. He was concerned with the lack of revenue. Erchinger stated this fund tracked only City related costs and associated revenues of the City infrastructure as opposed to the prison and leasehold structures. Dunham felt this was not a true picture of the value of what was at SMIC. Motion Passed Unanimous City of Seward, Alaska City Council Minutes December 9, 2002 Volume 36, Page 82 Resolution 2002-132, adopting the Capital Improvement Plan Budget for calendar year 2003 and two subsequent calendar years. Motion (Clark/Orr) Approve Resolution 2002-132 Motion Passed Yes: Dunham, Branson, Shafer, Clark, Valdatta and Blatchford No: Orr Resolution 2002-121, amending the calendar year 2002 General Fund Legal Budget by appropriating $55,000 from the General Fund Fund Balance for General Fund Legal costs for November, 2002 and the estimated legal costs for December, 2002. Motion (Clark/Branson) Approve Resolution 2002-121 Erchinger stated this request was due to the extra $68,000 in legal work and hired consultants that had been working on and hired to deal with the complexity of the long term healthcare facility lease. Motion Passed Unanimous Resolution 2002-122, setting the City's Centennial budget and appropriating $60,000 from Parks and Recreation Miscellaneous Income account number 101-4470-0150, and appropriating $25,000 from the General Fund Fund Balance account number 101-0000-3050 to the Mayor & Council Miscellaneous programs account number 101-1110-5990, and authorizing expenditures in the amount of $85,000. Motion (Clark/Branson/) Approve Resolution 2002-122 Erchinger stated these expenditures were Centennial costs to put on Park and Recreation programs which would generate revenue to reimburse the City, and to pay $25,000 for the Centennial Events Coordinator salary for the year 2003. She felt the Centennial money should be kept in one location. Motion Passed Unanimous Council ran out of time for the remaining agenda and proceeded to Citizens' comments. Citizens' comments Nina Daily pointed out that the next regular council meeting was scheduled at the same time the Harbor expansion public meetings were held. She was concerned the public could not be involved with both. Tim McDonald, Mile 2 Nash Road, queried why the City was funding the North dock. He felt the City was trying to run too many businesses and bail out everything. City of Seward, Alaska City Council Minutes December 9, 2002 Volume 36, Page 83 Council and administration response to citizens' comments Adjournment The meeting was adjourned at 11:00 p.m. Je ewis City Clerk `',O1t1111111fI�ro, �f (City Seal) �� �� �q a Jr �, [ggg�, �» A p i SYfd . L ® Ps w a r 10 O 6t ' � Edgar Blatchford Mayor City of Seward, Alaska City Council Minutes December 18, 2002 volume 36, Page 84 Call to order The December 18, 2002 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Edgar Blatchford. Opening ceremony Lieutenant Tiner led the pledge of allegiance to the flag. Roll call There were present: Edgar Blatchford presiding, and Margaret Branson Stu Clark Willard Dunham Nathan Orr Vanta Shafer Bob Valdatta comprising a quorum of the Council; and Kristin Erchinger, Acting City Manager Jean Lewis, City Clerk Cheryl Brooking, City Attorney Rick Gifford, Director of Administrative Services Absent - None Proclamations and Awards. A Centennial Citation by the Alaska Legislature was read. Borough Assembly Report. Borough Assembly Representative Ron Long mentioned the Borough sales tax revisions passed except for two. Those were the cap on charter boat sales and the non-profit exemption. Long stated there had been several very productive meetings with FEMA agencies to address flood mitigation and planning for the future. In response to a question by Clark, Erchinger stated Seldovia was the only City within the Borough that had a seasonal sales tax. In response to Branson, Long stated the Borough had seven public hearings on the tax revisions, and the Borough would be notifying all agencies and cities. To clarify the two proposals that failed, Long stated one was to eliminate the real or perceived competition between profit and non -profits selling the same merchandise. He stated under the proposal non -profits would have been required to collect the tax. Long stated since that proposal failed, non -profits were still exempt. Long stated the other proposal that failed would have taxed recreational services on a per person, per day basis. City of Seward, Alaska City Council Minutes December 18, 2002 Volume 36, Page 85 City Manager's Report. Acting City Manager Kristin Erchinger stated Bill Noll had provided the City with an update on the Seward Terminal. She informed Council that Hyundai was still working with Korea to work out a contract, and that the Seward Terminal employees were still working. Erchinger reported Hyundai had hired Bill Bittner, and between him and Senator Stevens, they would be working with exports and imports. She noted Governor Murkowski had recently appointed new commissioners so there would be higher support and hope, but nothing specific at this time. Erchinger stated the new resource officer would begin after the Christmas break. This officer would continue the DARE program, develop and establish relationships, investigate school related crimes and monitor the school zone. Erchinger disclosed there was a diesel spill at the small boat harbor last evening. She heard anywhere from 20 to 200 gallons were spilled on the deck of the vessel and the water. She stated Shoreside Petroleum responded with booms and pads, and that the boat owner would be responsible for clean-up. Erchinger received confirmation that the City would be getting a check for $400,000 from the Exxon settlement fund. She stated it was the City Manager's intention to utilize these funds to repair infrastructure and roads. Erchinger advised there would be a statewide tabletop staff exercise organized by the Coast Guard on January 24th and 25th. She requested that Seward be a good role model as a community and support this exercise. Erchinger stated the Alaska Rural Electric Cooperative Association (ARECA) meeting to discuss the southern intertie was rescheduled for January. Citizens' comments on any item not scheduled for public hearing. None. Approval of agenda and consent agenda Motion (Clark/Branson) Approve the agenda and consent agenda > > Department to eomplete elean up of the ' Was pulled. Under Other New Business Items, another item was added: To hold a special meeting on Friday 12/20/02 at noon and set an executive session for the purpose of discussing contract termination negotiations based on the resignation of the City Manager and give direction to the City attorney. Motion Passed Unanimous City of Seward, Alaska City Council Minutes December 18, 2002 Volume 36, Page 86 The Clerk read the following approved consent agenda items: Resolution 2002-142, approving amendment No.1 to the contract with Sandra Wassilie, High Tide Writing, to retain her professional services as the Seward Centennial Events Coordinator for the year 2003. Resolution 2002-143, amending the City Parking Fees Schedule for City -owned parking lots. Resolution 2002-144, authorizing the City Manager to terminate the lease agreement with CIRI Alaska Tourism Corporation (formerly known as Alaska Heritage Tours, Inc.) d/b/a Kenai Fjords Tours (KFT) for tidelands adjacent to the Alaska Sealife Center. Public Hearings Ordinance 2002-12, amending Title 5 Revenue and Finance, Chapter 5.50, real property tax, making certain technical corrections to the exemption for exterior aesthetic enhancement and providing a partial exemption for real property owned and occupied by persons who provide fire fighting or emergency medical services in the City and providing for an effective date. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened Nina Daley, 612 Third Ave, spoke her concern that the language in this ordinance be changed to include the Seward Volunteer Ambulance Corp. No one else appeared to address the Council and the public hearing was closed. Motion (Clark/Shafer) Approve Ordinance 2002-12 Fire Chief Dave Squires stated that the criteria was set by the State of Alaska and the language included the Seward Ambulance Corp. volunteers. Motion Passed Unanimous Ordinance 2002-13, increasing the City sales tax from three percent to four percent, beginning April 1, 2003. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Clark/Dunham) Approve Ordinance 2002-13 Erchinger stated this tax increase would generate an extra $720,000 to City Revenue. She highlighted the enhancements made to the City in the past few years. She stated to make up this type of a deficit would result in a 10% total budget reduction from the general fund, and would require personnel cuts. Erchinger stated there were two significant increases in fixed costs that the City could not reduce. The City was still absorbing $320,000 a year on the North dock and insurance increases of $600,000. Erchinger stressed it was time the City would have to either pay the increased City of Seward, Alaska City Council Minutes December 18, 2002 Volume 36, Page 87 taxes or see services cut. Shafer heard the public wanted the tax. She felt the citizens voted her into this Council seat as a responsible person, and she could not keep taking money out of the utility fund and deferring City maintenance. Valdatta reiterated his major complaint that the non -profits were not paying their fair share and it was his opinion to eliminate this sales tax and put an added one cent per kilowatt on the utility rates. He felt that was the most equitable way to raise revenue. Clark stated the issue of adding an additional one cent per kilowatt on utility rates was investigated and there was no Council support for various reasons. He expressed the sentiments of Council Member Shafer. Clark noted that unlike individuals who can decide what is discretionary in their budget, the City, through ordinances and resolutions, did not have the same freedom to decide what not to spend its money on. It was his observation the City had responded to various requests for services and had done a good job in keeping the costs of these services under control. He wanted to fiscally bring the City back in line. Orr disagreed the City could not continue to take some money from the utility fund. He would not vote for a tax this year. He stated he would cut the budget by $100,000, use the $400,000 Exxon money and $150,000 quarry money to balance the budget for this year. Orr again stressed his request from Administration to provide Council with an itemized plan of what services would be cut. He stated some people did not want or ask for added services. Motion Passed Yes: Clark, Shafer, Dunham, Branson, Blatchford No: Orr, Valdatta Ordinance 2002-14, amending Seward City Code Section 8.30.025, revising annual business license fees for charter boat operators to support the annual purchase of salmon smolt for release in Resurrection Bay. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Shafer/Orr) Approve Ordinance 2002-14 Erchinger stated the Seward Charter Boat Association approached the City last year to purchase salmon smolt to enhance the sport fishing industry in Resurrection Bay, and requested an increase in the annual business license fee from $30 to $130 for charter boat operators to purchase future smolt to stock. Dunham stated that Mr. Hiller had made some noteworthy comments in his letter about the City becoming a collection agency for civic programs, and thanked him for the memo. City of Seward, Alaska City Council Minutes December 18, 2002 Volume 36, Page 88 Clark was very interested in the preservation of salmon smolt, but felt the City shouldn't become involved in managing the fisheries. He stated his reluctance in getting into this activity and designating the size of fee the City sets for different businesses. Orr stated the Seward Charter Boat Association was an entity that voluntarily wanted to enhance the fishery and this was meant to be a long-term resource for the community. He felt this was not fisheries management or singling anybody out. Orr merely felt the City was responding to a request by a local group, and was providing a channeling mechanism for those funds. Dunham stated that he agreed with Orr, but disagreed with establishing a city license fee for a specific group. He agreed to be the vehicle to transfer money but was bothered by setting license fees for a specific group instead of the operation of the City. Branson stated she had been affiliated with Cook Inlet Aquaculture Association (CIAA) for years and felt if the charter boat operators wanted to contribute enhancement money to this non- profit organization, CIAA would probably be delighted to give them the fish, and the charter boat operators could write the donation off on their taxes. Motion Passed Unfinished business Items postponed from previous agenda Yes: Orr, Valdatta, Shafer, Blatchford No: Dunham, Branson, Clark Resolution 2002-125, adopting the Parking Enterprise Fund Budget for calendar year 2003. Motion (Clark/Branson) Approve Resolution 2002-125 Erchinger stated the change to the parking fees was brought forward by council member Valdatta. She stated there was a significant waste of staff time to unfold $1 bills. Motion Passed Unanimous Other Unfinished Business Items Resolution 2002-123, authorizing the City Manager to enter into an agreement with Tryck Nyman Hayes, Incorporated (TNH) for review and update of the City of Seward's spill prevention, control, and countermeasures plans for an amount not to exceed $18,950 and appropriate funds. Motion (Shafer/Branson) Approve Resolution 2002-123 Harbormaster Jim Beckham stated the Environmental Protection Agency (EPA) informed the City that it needed to have spill prevention, control, and countermeasure plans, and with recent regulation changes must have them updated and on file by February 1, 2003. He stated the plans must be signed and stamped by an engineer, and the Harbor did not have the staff expertise to update City of Seward, Alaska City Council Minutes December 18, 2002 Volume 36, Page 89 plans according to the Code of Federal Regulations. Beckham noted the City had five different plans included in this quote. They were SMIC, Harbor, the Electric Utility, Fire Dept. and City Shop. In response to Clark being uncomfortable with sole source bidding, Beckham stated the City could go out to bid, but did not have to per City Code. He noted professional services were exempt. Dunham thought the departments should do these plans themselves. In response to Dunham and Orr, Beckham stated that according to EPA regulations, the City did not have the expertise on staff. He stated the plan was required to be reviewed, signed and stamped by a professional engineer who would state the City had met the requirements. Amendment (Orr/Dunham) To fund this plan entirely from the Enterprise Funds and not require the Fire Department or City Shop to participate in the funding. Amendment Passed Yes: Branson, Valdatta, Orr, Dunham, Clark and Blatchford No: Shafer City Attorney Cheryl Brooking stated professional services were exempt from the competitive procurement procedure but nothing in code prevented the City from going to bid, putting out requests for proposals, or getting three bids by phone. Erchinger stated TNH was picked because they had done oil spill response plans for the City in the past, they were familiar with the City's situation, and because of the learning curve involved, the job would be expedited for the February 1 deadline. Beckham informed Council that the going rate for preparation of these plans was anywhere between $2500 to $4500 a piece. Beckham knew of the need for this update since the October harbormaster conference and had been trying to bring it before Council before now, but budget and other items took precedence. He felt the City would be cited by EPA for each plan if this was not completed by the February 1, 2003 deadline. Main Motion Passed Unanimous Resolution 2002- 133 authorizing the City Manager to enter into an agreement with S&R Enterprises Inc. for disposal of four derelict power scows at the Seward Marine Industrial Center (SMIC) for an amount not to exceed $23,580. Motion (ShaferNaldatta) Approve Resolution 2002-133 Erchinger stated this resolution came before council again after the formal bid process. S&R Enterprises Inc. was still the lowest bidder. The Administration felt this was the most cost effective manner to get rid of these derelict vessels that had been sitting at SMIC for years. City of Seward, Alaska City Council Minutes December 18, 2002 Volume 36, Page 90 Dunham wondered if there may be a place for these derelict boats somewhere. Shafer had heard they had been modified to the point of no historic value. In response to Orr, Beckham was concerned with liability since the scows were leaking fluid and the City could not keep people out of them. He noted if they were left to further decay and fall apart, the travelift would not be able to move them. Motion Passed Yes: Clark, Branson, Shafer, Orr, Valdatta Blatchford No: Dunham Resolution 2002-135, authorizing the City Manager to enter into a Special Contract for electric rates with Seward Terminal, Inc. Motion (Branson/Dunham) Approve Resolution 2002-135 Erchinger explained the City wanted to give special reduced utility rates to Seward Terminal Inc., through April 2003 to give them the ability to turn motors on in their facility for 45 minutes a month, for the purpose of continuing to keep the machines in operation while they hope for a new contract. Erchinger stated the City would break even on the deal. Valdatta disagreed. He felt everybody should have the same privilege, and felt the City had been more than fair with this company. Orr felt the reduced rate was a good thing to do and it was not going to cost the City anything. He stated it showed the City was making a good faith attempt to keep the structure going. Manager of Electric Utilities Dave Calvert stated the purpose for this rate change would keep Seward Terminal Inc. viable by changing the rate schedule, and would allow them to not pay the full demand charge. He stated they would run during off-peak periods. He also advised this was a call the Board of Directors of Utilities could make for good and sufficient reasons. Dunham stated Hyundai did not want to move and dismantle the coal equipment. He felt this reduction was critical, and showed good faith, participation and support from the City. Motion Passed Yes: Dunham, Orr, Branson, Shafer, Clark Blatchford No: Valdatta Resolution 2002-136, authorizing the City Manager to enter into a land and facilities use agreement with the Alaska Railroad Corporation (ARRC) for the purpose of holding several events related to the upcoming centennial celebration on ARRC property during 2003. Motion (Clark/Branson) Approve Resolution 2002-136 Erchinger stated this would allow the City to enter into a facilities use agreement with the City of Seward, Alaska City Council Minutes December 18, 2002 Volume 36 Page 91 Railroad to hold certain events for the upcoming centennial on their property. Motion Passed Unanimous Resolution 2002-137, authorizing the discharge of fireworks by the Seward Volunteer Ambulance Corps. Motion (Clark/Branson) Motion Passed Approve Resolution 2002-137 Unanimous Resolution 2002-138, authorizing the City Manager to reduce the electrical rates and charges tariff for the City of Seward small general service class of customers by five percent (5%) effective January 1, 2003. Motion (Shafer/Dunham) Approve Resolution 2002-138 Erchinger stated the goal was to help reduce the electric rate for the small business owner which would amount to an overall decrease of $62,000 to the electric fund. She noted the City had 278 of these businesses with 216 being in town, and 62 out of town. Motion Passed Other New Business Items Yes: Valdatta, Orr, Shafer, Dunham Clark, Blatchford No: Branson Council unanimously agreed to change the order of business to allow for the address of item C2 and council and citizens' comments Hold a special meeting on Friday, December 20 at noon and set an executive session for the purpose of discussing contract termination negotiations based on the resignation of the City Manager and give directions to the City Attorney. Motion (Clark/Branson) Motion Passed Hold a special meeting on Friday, December 20 at noon and set an executive session for the purpose of discussing contract termination negotiations based on the resignation of the City Manager and give directions to the City Attorney. Unanimous Informational items and reports (No action required) City of Seward, Alaska City Council Minutes December 18, 2002 Volume 36, Page 91 Seward Alice Pickett Memorial Animal Shelter Memorial 2002 November Report. Washington D.C. Lobbyist Report by Brad Gilman Council Comments Each Council Member wished the citizens' of Seward a Merry Christmas and a Happy New Year. Citizens' comments -None Council went into executive session for the purpose of discussing Providence/Wesley contract negotiations and giving direction to the City Attorney at 9:35 p.m. Council returned from executive session at 10:59 p.m. Adjournment The meeting was adjourned at 11:00 p.m. Jean ewis \ Edgar hlatcfil6rd City Jerk �'� Mayor (City Seal) ,I\ A 0 1 � —4� �\/•i �t1 y • cf • i o° °ro �� °� h i� N V;;?,* City of Seward, Alaska City Council Minutes December 20 2002 volume 36 Pa e 93 Call to order The December 20, 2002 Special Meeting of the Seward City Council was called to order at 12:00 p.m. by Vice -Mayor Stu Clark. Opening ceremony Council Member Dunham led the pledge of allegiance to the flag. Roll call There were present: Stu Clark presiding, and Margaret Branson Willard Dunham Nathan Orr Vanta Shafer comprising a quorum of the Council; and Jean Lewis, City Clerk Cheryl Brooking, City Attorney (telephonic) Absent Edgar Blatchford Citizens' comments on any item not scheduled for public hearing. - None Approval of special meeting agenda Motion (Branson/Dunham) Approve the Special Meeting Agenda Motion Passed Unanimous New business Go into executive session for the purpose of discussing contract termination negotiations based on the resignation of the City Manager and give direction to the City Attorney. Motion (Branson/Shafer) Motion Passed Go into executive session for the purpose of discussing contract termination negotiations based on the resignation of the City Manager and give direction to the City Attorney. Unanimous The Council convened into executive session at 12:12 p.m. City of Seward, Alaska City Council Minutes December 20, 2002 Volume 36, Page 94 The Council reconvened from the executive session at 1:10 p.m. Resolution 2002-045, accepting the resignation of City Manager Scott Janke and setting the terms for his departure from City Employment. Motion (BransonNaldatta) Approve Resolution 2002-045 Council indicated the termination date would be Friday, December 20, 2002. Motion Passed Motion (Dunham/Branson) Unanimous Appoint Kristin Erchinger as Acting City Manager and direct the City Attorney to address a salary change and direct Administration to have Personnel concurrently recruit for a regular and interim City Manager. Council discussed the process and directed the Administration to advertise and begin the recruitment process for hiring a new City Manager. Personnel Director Cindy Ecklund would get a list from AML of interim City Managers as soon as possible. Council appointed City Finance Director Kristin Erchinger as Acting City Manager, and also directed the City Attorney to assist with checking the history on how the salary issue would be handled. Motion Passed Council comments Unanimous Valdatta remarked that he would support Resurrection Bay Seafoods to keep them in business and get them back on line. Shafer wished everyone a Merry Christmas one more time. Orr thanked Janke for his years of service to Seward and wished him well on his new endeavors. Clark noted that the Legislative citation was on the 2003 Centennial website now. He also expressed his disappointment with the resignation of City Manager Scott Janke, and wished him well. Citizens' comments - None Council and administrative response to citizens' comments - None Adjournment The meeting was adjourned at 1:30 pm. City of Seward, Alaska City Council Minutes December 20, 2002 Volume 36 Pam Jea Lewis City Clerk S`I1a1ut11� e,,�se ®F (City Seal) Ua ; •Q..Ogq • `2 N •� V• o e r Stu Clark Vice -Mayor