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HomeMy WebLinkAbout1993 City Council MinutesCity of Seward, Alaska January 4, 1993 City Volume 29, Page 18 Dave W. Crane, presiding, and Louis Bencardino Hugh Darling James Krasnansky Bruce Sieminski Karen A. Swartz Dale White comprising a quorum of the Council; and Darryl Schaefermeyer, City Manager Michael Yanez, Assistant City Manager Linda S. Murphy, City Clerk 4. APPROVAL OF SPECIAL MEETING AGENDA White moved to approve the Special Meeting Agenda as presented; the motion was seconded by Bencardino. Sieminski objected to discussion of the city manager's contract and scope of services in the planned executive session. Crane stated that this issue could be resolved at the time a motion was made to meet in executive session under "Special Items" (below). The question was called, and the agenda was approved without objection. 5. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING BRAD SNOWDEN, 525 Sixth Avenue, stated that he was ashamed of the Council and some segments of the community for its actions to hurt and discredit the city manager. He reminded the Council that it had expended tax dollars to search for a city manager and relocate him from Florida to Seward a couple of years ago, and that relationship had not worked out. Snowden stated that the Council had then, once again, turned to Schaefermeyer and asked him to take over as city manager. He said that the action before the Council at this time was motivated by "coffee shop talk" and came from a very small segment of the community. Snowden also stated that leadership was not a necessary attribute in the city manager, and leadership could come from any member of the Council or from a source outside of city government. ANNIE MARTIN, 605 Sixth Avenue, stated that it would be a grave mistake to sever the tie between the Council and the city manager at this time. She stated that Schaefermeyer had worked hard during his tenure as city manager and had always done what he felt was in the best interest of the community. DON ENNIS, 1904 Forget Me Not Circle, asked the Council to look at the current state of affairs within the city. He stated that there had been no increase in business or the creation of jobs under Schaefermeyer's leadership and that litigation over the past 19 City of Seward, Alaska City Council Minutes January 4, 1993 Volume 29, Page 19 few years had cost the city hundreds of thousands of dollars and had the potential to result in even greater uninsured losses. Ennis stated that the current administration did not deal well with private enterprise and this was reflected in recent arbitration and law suits filed against the city. He stated that the on -going negativism of the administration sapped the city of the energy necessary to move forward, and this could only be changed by changing the administration. DON WHITMAN, 535 Sixth Avenue, stated that this was the third time in two years that the issue of dismissing the city manager had come before the Council. He stated that each of the members of Council had been elected to make changes in city government; however, this had not happened. He suggested that, rather than changing the face of the Council on an annual basis, that the Council change the administration for one willing to work with the elected body. 6. SPECIAL ITEMS A. Request for executive session Sieminski moved to meet in an executive session immediately following adjournment in order to discuss the evaluation of the city manager's performance, the motion was seconded by Krasnansky. White noted that it would be impossible to discuss the city manager's performance without also discussing contract issues. White moved to amend the motion to include addressing city manager contract issues; the motion was seconded by Crane. Krasnansky stated that the city manager's contract was a public document, and the Council owed it to the public to discuss this document in public. Crane stated that it was well within the Council's purview to discuss contract issues with the city manager in executive session. The question was called, and the amendment was approved with Crane, Krasnansky, Swartz and White voting YES and Bencardino, Darling and Sieminski voting NO. The question was called, and the main motion was approved as amended by unanimous vote. 7. CITY MANAGER REPORTS None S. COUNCIL DISCUSSION KRASNANSKY stated that the hospital administration had failed to get any agenda items to the clerk for inclusion in the hospital board packet. He noted that this City of Seward, Alaska City Council Minutes January 4, 1993 Volume 29, Page 20 issue should be addressed by the Council. Crane suggested bringing this up at the joint work session scheduled for Tuesday, January 5th. 9. CITIZENS' DISCUSSION WILLARD DUNHAM, Dimond and Alder, stated that he was both puzzled and outraged at the idea of this meeting as well as the manner in which this issue had been brought to the Council. He stated that, over the past two years, the Council had never sat down with the manager to address any of the problems they might have with his performance. Dunham stated that this action was nothing more than a personal vendetta by one councilmember. He stated that he had worked with Schaefermeyer for move than 15 years and had found him to be hard working and a wealth of history and information. He urged the Council to think hard before starting the new year in this manner and stated that complaints about Schaefermeyer were coming from a few vocal malcontents and did not represent the views of a great number of the towns residents. KRISTEN ERCHINGER, 2015 Dora Way, took exception to earlier statements that there had been no growth in Seward during Schaefermeyer's term as city manager. She agreed that the citizens of Seward desired change, but noted that this did not necessarily include getting rid of a city manager who was doing a good job for the city. She stated that this action was being brought by those with personal agendas to fulfill and by a former city employee who would never let the past die. Erchinger stated that the community supported the city manager. 10. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS KRASNANSKY stated that when he ran for Council two years ago, he had stated that he wanted to shake up the administration, the police department and the engineering department, and he continued to support those concepts. 11. ADJOURNMENT The meeting was adjourned at 7:00 p.m, and, after a short recess, the Council reconvened in executive session to evaluate the city manager's performance and to discuss city manager contract issues. n (C Be J. , Of &.-, lb - 0 Dave W. Crane Mayor 21 City of Seward, Alaska City Council Minutes January 11, 1993 Volume 29, Page 21 1. CALL TO ORDER The January 11, 1993, special meeting of the Seward City Council was called to order at 12:05 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Councilmember Krasnansky led the pledge of allegiance to the flag, 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Darryl Schaefermeyer, City Manager Michael Yanez, Assistant City Manager Fred Arvidson, City Attorney Linda S. Murphy, City Clerk Hugh Darling Bruce Sieminski Dale White 4. APPROVAL OF SPECIAL MEETING AGENDA Krasnansky moved to approve the Special Meeting Agenda as presented; the motion was seconded by Bencardino and carried without objection. 5. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING KRIS ERCHINGER, 2015 Dora Way, stated that she was sad to see Schaefermeyer leave the city and thanked him for his efforts and hard work on behalf of the city. She stated that the action to oust Schaefermeyer had been brought by two Councilmembers with personal vendettas, and she warned that this action would cause problems for the community. 6. SPECIAL ITEMS A. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: 22 City of Seward, Alaska City Council Minutes January 11, 1993 V 29, Page 22 A Resolution of the City Council of the City of Seward, Alaska, accepting the resignation of City Manager Darryl Schaefermeyer and approving a severance agreement. Krasnansky moved to approve Resolution No. 98 -005; the motion was seconded by Swartz. Krasnansky stated that he would like to address the resignation and the severance agreement as two separate issues. Sieminski agreed. Crane explained that Schaefer - meyer's resignation was contingent upon Council's approval of the severance agreement. The question was called, and the resolution was approved with six YES votes and Sieminski voting NO. 7. CITY MANAGER REPORTS None 8. COUNCIL DISCUSSION CRANE thanked Schaefermeyer for his endeavors on the part of the city over the past few years. He wished him well and stated that he hated to see him leave. CRANE also wished Port Marketing Director Gates well in his new position as Director of the State Office of International Trade. 9. CITIZENS' DISCUSSION BOB VALDATTA, 528 Fifth Avenue, stated that he was sorry to see both Schaefermeyer and Gates leave the city. He stated that the city should endeavor to fill Gates' position right away so that the city would have someone to rebut the Southcentral Ports Study. 10. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS BENCARDINO agreed with Valdatta. He stated that Gates resignation was a real detriment to the city and added that his expertise would be missed. 11. ADJOURNMENT The meeting was adjourned at 12:18 p.m. Q A. µ , s, ii0h3j, CK4 E Dave we crane City Mayor 23 City of Seward, Alaska City Council Minutes January 11, 1993 V olu m e 29, Page 23 1. CALL TO ORDER The January 11, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Councilmember Bencardino led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Darryl Schaefermeyer, City Manager Michael Yanez, Assistant City Manager Fred Arvidson, City Attorney Linda S. Murphy, City Clerk 4. APPROVAL OF MINUTES Hugh Darling Bruce Sieminski Dale White Swartz moved to approve the December 28, 1992, and January 4, 1993, minutes as presented; the motion was seconded by Krasnansky and carried without objection. 5. APPROVAL OF REGULAR MEETING AGENDA Krasnansky moved to approve the Regular Meeting Agenda as presented; the motion was seconded by White. Crane requested the deletion of the following items from the agenda: 1. Resolution No. 93 -004 (approving amendments to the legal budget); and 2. New Business, Item D (approving payment of the attorney's invoice for legal services). The question was called, and the agenda was approved as amended by unanimous vote. 24 City of Seward, Alaska City Council Minutes January 11, 1993 Volume 29, Page 24 6. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the last assembly meeting. 7. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING DAVE DIECKGRAEFF, 236 Sixth Avenue, urged community members to attend the school district budget hearing in Seward on January 20th. He stated that only one new middle school would be approved within the borough this year, and both Seward and Nikiski were vying to be designated the site of the new school. He stated that money was needed for school supplies, library books and equipment, but not for construction of a new building. He noted that the existing building would require some repairs and restoration such as new restrooms, lockers, science labs and repair of the roof to eliminate leaks. S. APPROVAL OF CONSENT CALENDAR Krasnansky moved to approve the Consent Calendar as presented; the motion was seconded by Sieminski and approved by unanimous vote. The following actions were taken: A. Resolution No. 93 -001, supporting the middle school concept, was approved; B. Resolution No. 93 -002, approving a collective bargaining agreement for IBEW linemen for the period 01/01/93 through 06/30/97, was approved; C. Resolution No. 93 -003, approving a change order to the America North/ EMCON contract for sewage lagoon sludge removal and disposal, was approved; D. ABCB notification of request for liquor license renewals as filed by: THE WHEELHOUSE and BREEZE INN was noted, and the Clerk was instructed to issue a letter of nonobjection to the renewal of the licenses; E. Applications for games of chance and skill permits as filed by: AMERICAN LEGION SEWARD LIFE ACTION COUNCIL were noted for information; F. Council work session schedule was noted for information; and G. A staff memorandum regarding legislative teleconferences was noted for information. 25 City of Seward, Alaska City Council Minutes Ja 11, 1993 Volume 29, Page 25 9. PUBLIC HEARINGS None 10. PRESENTATIONS WITH PRIOR NOTICE ONLY A. Julie Real - Community support for Parks & Recreation programs Julie Real, 2608 Birch Street, stated that she had lived in Seward since December 30, 1990, and hoped to make this her home. She stated that she was a participant in and a daily user of the local parks and recreation programs. She said that she was concerned about an apparent move to cut the Parks & Recreation Department budget and programming. Real stated that this department should be supported and supplemented by the Council, not cut. She paraphrased letters of support for parks and recreation which she had received from community members and provided copies of the letters to the Clerk. Real commented that affordable recreational programs were important to the mental and physical health of community members and she urged the Council to give this department its support. B. Patrick Brown - EDD Appointment Patrick Brown, Seward, stated that he had been appointed to the Trade Board recently and had greatly enjoyed the opportunity to help the community through service on this board. He stated that the doors of opportunity for this community had never been opened wider and he asked that Council favorably consider his appointment to the EDD. 11. ORDINANCES AND RESOLUTIONS A. Ordinances for Introduction 1. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code Chapter 12.05 by adopting new revised uniform codes. Krasnansky moved to introduce and set for public hearing Ordinance No. 93-02; the motion was seconded by White and carried by unanimous vote. Public hearing was scheduled for January 25, 1993. 2. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code Chapter 12,10, signs, to allow time and temperature signs. WC City of Seward, Alaska City Council Minutes January 11, 1993 Volume 29, Page 26 White moved to introduce and set for public hearing Ordinance No. 93 -03; the motion was seconded by Bencardino and carried by unanimous vote. Public hearing was scheduled for January 25, 1993. 3. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, adopting the 1991 Uniform Fire Code. Krasnansky moved to introduce and set for public hearing Ordinance No. 93-04; the motion was seconded by White and carried by unanimous vote. Public hearing was scheduled for January 25, 1993. B. Ordinances for Public Dearing & Enactment 1. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 3.55.020, dismissal for disciplinary reasons. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened; no one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to enact Ordinance No. 93-01; the motion was seconded by Swartz. Krasnansky stated that there was a significant amount of dissent among employees regarding this ordinance. Krasnansky moved to postpone action on this ordinance until February 8, 1993, provided that a work session to include discussion of and copies of the Alaska Public Employees Relations Act (PERA) and how it related to Title 3 was conducted prior to that time; the motion was seconded by Bencardino. White stated that he had received several calls regarding this ordinance, adding that city employees needed to have the ordinance clarified for them. Swartz agreed, stating that the employees` problems should be addressed before going forward with enactment of the ordinance. 27 City of Seward, Alaska January 11, 1993 City Council Minutes Volume 29, Page 27 Crane agreed that it would be a good idea to postpone enactment of the ordinance. 1 he question was called on the motion to postpone and carried by unanimous vote. Schaefermeyer stated that if both the ordinance and PERA were to be discussed at the work session, the city attorney should be present to advise the Council. He noted that the community had opted out of PERA, that this had been challenged in both state and federal court on two occasions, and that the city was upheld in each instance. He warned the Council that, before addressing PERA and the city's collective bargaining ordinance, the Council should assure that the city attorney was involved in the discussions. White stated that it would be wise to have the attorney present at the work session. Eencardino stated that he understood the concerns of the city manager; however, his intent was not to address PERA, but to talk to the employees in a non- threatening atmosphere. He stated that some employees were afraid to address this issue, and they should be allowed to sit down in a friendly session to help "iron this thing out." Krasnansky stated that the city manager was correct, and there was no reason that Arvidson should not attend. Swartz asked why the attorney would be needed just to discuss the ordinance. Schaefermeyer stated that his recommendation had nothing to do with discussing the ordinance, but a discussion of PERA and its relationship to the city of Seward merited input from the city attorney. Crane moved to reconsider the vote on the motion to postpone; the motion was seconded by Sieminski. Darling asked if the Mays intent was to limit discussion at the work session to the ordinance. Crane stated that, if approved, he would move to conduct a work session to discuss the ordinance only. Krasnansky stated that he did not intend to cloud the issue; however, the Council owed it to the City and the employees to look at what it had exempted itself from before amending the Personnel Code once again. The question was called on the motion to reconsider, and the motion carried -- with six YES votes and Krasnansky voting NO. Darling moved to amend the motion to postpone by striking the words "to include discussion of and copies of the Alaska Public Employees Relations Act (PERA) 28 City of Seward, Alaska City Council Minutes January 11, 1993 V 29, Page 28 and how it related to Title 3 "; the motion was seconded by Bencardino and carried by unanimous vote. White noted that Arvidson would not be needed for a discussion of the ordinance only. The question was called, and the motion to postpone was approved, as amended, by unanimous vote. C. Resolutions 1. Resolution No. 93 -004, approving amendments to the legal services budget, was DELETED from the agenda. 12. UNFINISHED BUSINESS A. Incentive Leasing A work session to discuss and develop an incentive leasing policy was scheduled for Thursday, February 11, 1993, at 12:00 Noon. B. Council Chambers seating arran eg ments Murphy noted that she had obtained an estimate of just under $10,000 to remove and reconstruct the Council dais to accommodate 10 people, including three new microphones and rewiring the sound system. Krasnansky stated that, before considering spending this kind of money, the Council should look at other meeting locations such as the AVTEC auditorium or the IMS building as a possible alternative. Swartz stated that she could understand the need for more room; however, meeting in another location would not be handy for the staff. Crane suggested delaying discussion of this proposal until budget time. Sieminski asked the Clerk to obtain an estimate from General Telephone for installing a teleconferencing phone system in Council Chambers. Bencardino asked the Clerk to get an estimate prior to budget time for removing the west wall of the Chambers so that the room could be expanded. Darling stated that Council Chambers would remain too small for the needs of the city no matter what was done, and he suggested holding Council meetings in the AVTEC auditorium. Murphy noted that the AVTEC auditorium probably would not provide enough space for the Council and appointed staff. She also noted that the IMS building would probably require funding for a sound system as well as a seating area for Council and staff. 29 City of Seward, Alaska City Council Minutes January 11, 1993 Volume 29, Page 29 Sieminski stated that he wanted Council and other meetings to remain in City Hall. Swartz stated that she would like to consider expanding the Council Chambers at budget time; Krasnansky concurred. Murphy was instructed to obtain an estimate from GTE for a teleconference phone system to be installed in the Council Chambers and to notify the Council of the estimated cost by memorandum prior to the end of the week. Yanez stated that GTE was currently preparing a plan and estimate for an entire new telephone system for city hall and he would request that this item be included in the report from the contractor. 13. NEW BUSINESS A. EDD Appointment White nominated Patrick Brown to serve as the city s at large representative to the lKPB/EDD; the motion was seconded by Bencardino and carried by unanimous vote. B. Clearine of underbrush and alders at Forest Acre Park adiacent to Seward Highway Bencardino stated that this area did not provide a very good first impression to visitors to the community and suggested that cleaning it up would enhance the city's image. He asked who had determined the project cost contained in Yanez's memoran- dum. Yanez stated that this figure had come from discussions with Public Works Superintendent Ainsworth who had stated that the city did not have the proper equipment or man power to complete the project. Yanez stated that Ainsworth was also leery of using volunteers because of the potential liability to the city. Bencardino stated that this was a needed project. He asked Yanez where the city would get the money for the project. Schaefermeyer stated that there should be sufficient funds within the Street Department budget if the winter continued to be as mild as it had been thus far. Bencardino suggested that Mark Stauble and Karin Sturdy go through the area and mark the trees to be saved before hiring someone to clean up the area. In response to a question from Crane, Schaefermeyer stated that Corps of Engineers permits were not required for clearing brush and cutting trees. Crane asked when the parks master plan was supposed to be completed. Yanez stated that this would be a priority for the new parks and recreation director but was currently on hold. City of Seward, Alaska City Council Minutes January 11, 1993 Volume 209 Page 30 Crane stated that he would like to postpone this project until spring so that the true impact of winter snows on the Street Department budget was known. Swartz stated that she would like to see the project go forward immediately. There was no objection from anyone on Council to proceeding with the clearing at this time. C. Small Boat Harbor Parking Committee appointments Bencardino suggested that the boat harbor merchants be represented on this committee. White stated that, with the appointment of someone from the Port Committee, there would be input to the committee from a harbor business person. Crane instructed Murphy to advise the Trade Board, Port Committee and the Planning Commission to each appoint one of its members to serve on the committee. He noted that, if a harbor merchant was not appointed to the committee through this process, he would expand the committee to nine members and appoint someone from the Harbor Merchants Association. Swartz was appointed as Council's representative to the committee. RECESS: The meeting was recessed at 9:10 p.m. and reconvened at 9:25 p.m. D. November 1992 invoice from Perkins Coie for legal services totalline $80,939.11 DELETED from the agenda. 14. CITY MANAGER REPORTS SCHAEFERMEYER extended his best wishes to Chris Gates and stated that words could not convey the amount of time, investment and service that Gates had provided to the community during his tenure as Port Marketing Director. He stated that he would miss Chris, his talents and his energy. 15. COUNCIL DISCUSSION DARLING wished his best to both Gates and Schaefermeyer. He also noted that it was never his intent to dismantle the Parks and Recreation Department; however, it would probably sustain budget cuts like every other department of the city in the new budget year. DARLING stated that he had met with the Corps of Engineers regarding the possibility of obtaining a permit for an Adams Street Dock and had found that there was a process called a 15 day review" for projects in which there were no environmental concerns such as the use of fill. He stated that it would be possible to obtain a 15 -day review permit for this project if the construction of the dock required no more than punching holes for the supports. 31 City of Seward, Alaska City Council Minutes January 11, 1993 V o l ume 29, P ag e 31 BENCARDINO wished Gates well in his new position with the state Department of Commerce and Economic Development. WHITE asked for an explanation of the increase to legal budget item No. 1009 (Pruitt Arbitration), and Schaefermeyer explained that this budget report reflected the budget amendment which was deleted from the agenda earlier. WHITE stated that he had heard the rumors that Parks & Recreation was to be dismantled; however, the work session was not called to dismantle Parks & Recreation, but to take a look at the department following Chaffin's resignation to see what the needs of the department and community were at this time. He thanked Gates for the time he had devoted to the community. SIEMINSKI reminded everyone of the Thursday Noon work session to address the Parks and Recreation Department. He suggested extending this work session to include a discussion of city labor problems such as filling vacant positions in Parks & Recreation, Port Marketing and the City Manager departments. In response to his questions regarding the Seward Ships Chandlery arbitration, Arvidson stated that a decision was not available as of 4:30 p.m., but the Council would be copied as soon as he received a decision from the arbitrators. SWARTZ noted that Gates was not the first person from Seward drafted by the state, reminding the Council that former Mayor Bill Noll had earlier held the position Gates was to take and that former Mayor Lee McAnemey had been Commissioner of Community & Regional Affairs during the Hammond administration. She thanked Kerry Martin for the draft Small Boat Harbor master plan and complimented both Martin and the Planning Commission for their fine work. KRASNANSKY asked Murphy to invite Willard Dunham to give a SAAMS update to the Council at the next meeting. KRASNANSKY stated that, since funds were limited and the city could not currently afford to construct the multi- purpose dock at B Street, it might be possible to tie the construction of a cruise ship dock at Ballaine Point to erosion control in that area, eliminating the need for a permit. He asked that this be placed on the next agenda for discussion. KRASNANSKY stated that he was sorry to see Gates leave, and he wished him well in his new position. CRANE stated that the Council must address Murphy's February vacation plans. Following discussion, it was the consensus of the Council that Murphy be allowed to take two weeks vacation in February. 32 City of Seward, Alaska City Council Minutes January 11, 1993 Volume 29, Page 32 CRANE stated that Suzanne little had called and indicated that she had found a volunteer to staff the legislative teleconferences at the library. CRANE stated that the Council must give direction to the Clerk for advertising the city manager position. Sieminski suggested that she receive direction from the Mayor. Swartz stated that she would like to see ads placed within and outside the state. Crane noted that the Council must also address the appointment of an interim city manager to serve until a new manager was hired. DARLING stated that he preferred to confine solicitation to the state of Alaska initially. Bencardino concurred that Alaskan experience was preferable, but added that it would not hurt to advertise outside. White agreed with Bencardino. KRASNANSKY stated that the city should advertise nationwide, adding that, although Alaskan experience was important, this criterion should not limit the focus of the city's solicitation efforts. He noted that Alaskan experience could be acquired, and the really important attribute was that the successful applicant be an aggressive salesman capable of marketing the community. He suggested that it might be possible to combine the city manager and port marketing director positions. The Clerk was instructed to schedule a work session for 12:00 Noon on January 15, 1993, to discuss advertising the city manager position.. The Clerk was further instructed to schedule a work session to begin at 7:00 p.m. on Monday, January 18,1993, with city employees to discuss Ordinance No. 93-01 and to send a copy of the notice of the work session to each of the city employees. CRANE noted that a resolution supporting the middle school concept was approved on the consent calendar along with a resolution approving a new IBEW agreement. He thanked Yanez, Calvert, Schaefermeyer and Murphy for their part in negotiating the contract. CRANE thanked Schaefermeyer for his 16 years of service to the community and added that the community should be proud of his accomplishments. He wished him and his family well. CRANE also thanked Gates for his service to the community. 16. CITIZENS' DISCUSSION DEBBIE FAUST, Primrose, Mile 18, Seward Highway, thanked Schaefermeyer for doing such a wonderful job of taking care of the city during his years as city manager. She urged the Council to hire an Alaskan who cared about Alaska and who would learn to care about Seward. She also thanked the Council for considering Parks and Recreation programming and urged the Council not to cut this budget. �3 City of Seward, Alaskra January 11, 1993 City Council Minutes Volume 29, faze 33 BOB VALDATTA, 528 Fifth Avenue, stated that he was in favor of getting the best city manager regardless of where he or she laved. He thanked Schaefermeyer and Gates. He also thanked Bencardino for his efforts in getting the sawmill back in operation. KRIS ERCHINGER, 2015 Dora Way, stated that Council had assured the public that it did not have to worry about parks and recreation cutting; however, Oast year the department had suffered an 8% cut which resulted in the elimination of all free children's programs and the loss of subsidy to other city programs. She stated that, in addition, public use at AVTEC was reduced while user fees for punch cards and the Teen Center were increased. She also reminded the Council that it was not its job to fill either the Parks & Recreation Director's position or Gates' position. She thanked Schaefermeyer and Gates for their service to the community. BRUCE TRYGSTAD, 319 Second, stated that Sieminski was out of line. Crane ruled his remarks out of order. CHRIS GATES, Johnston Road, Seward, thanked everyone for their kind words, and he thanked the Council and the citizens of Seward for their support and trust over the past few years. He noted that there were seven major industry groups in Seward, and he recommended that each councilmember take personal responsibility for one industry group to see that it continued to move forward. Gates also listed the various projects he had been working on and asked the Council to see that work on them was continued. WALT SCZAWINSKI, 607 Monroe, stated that when the city looked at important positions to fill, it should look first at the people already working for the city. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS DARLING, responding to Erchinger's comments, stated that the Parks and Recreation Department could expect cuts along with all other departments of the city. KRASNANSKY thanked Real and Brown for their comments earlier in the meeting and complimented them on their well prepared remarks. SWARTZ stated that she was bothered by comments which indicated that the Council was planning to completely cut the Parks and Recreation Department. She reminded the audience that the city must work within budgeted revenues. Swartz stated that many of the problems of the city could be solved by talking and working together rather than by taking a confrontational approach. SWARTZ stated that Schaefermeyer had done good work for the city and had worked with a dedicated staff. She stated that she appreciated a good administrator like Schaefermeyer, but, no one person did it all. kv City of Seward, Alaska City Council Minutes January 11, 1993 V o l ume 29, P age 3 CRANE stated that the community had had enough ganger pointing, and this must stop. He stated that it was time to start looking to the future in a positive manner. He noted that, as an employee of the Finance Department, Erchinger must know the city's financial situation and must realize that cuts would be necessary. He stated that the Council would do everything it could to make things work, but the constant bickering had to cease. CRANE stated that Council meetings would be run according to the Charter and Code, and decorum would be observed. 18. ADJOURNMENT The meeting was adjourned at 10:35 p.m. 'City l rk . x c :r ,i e Z Fa � P, • s ir: t >riWlDf i6t�zo. 'Alaska '�January 1993 & 03. OAC� Dave W. Crane Mayor City Council Minutes Volume 29, Page 34 1. CALL TO ORDER The January 25, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino Hugh Darling James Krasnansky Bruce Sieminski Karen A. Swartz Dale White 35 City of Seward, Alaska City Council Minutes January 25, 1993 Volume 29, Page 35 comprising a quorum of the Council; and Darryl Schaefermeyer, City Manager Michael Yanez, Assistant City Manager Linda S. Murphy, City Clerk 4. APPROVAL OF MINUTES Krasnansky moved to approve the January 11, 1993, regular meeting minutes as presented; the motion was seconded by White and carried without objection. 5. APPROVAL OF REGULAR MEETING AGENDA Krasnansky moved to approve the Regular Meeting Agenda as presented; the motion was seconded by Swartz. Sieminski asked to delete Resolution No. 93 -010 (approving a severance agreement with Christopher Gates) and Resolution No. 93-011 (approving a severance agreement with E. Paul Diener) from the agenda. Darling asked to move Resolution No. 93-014 from the Consent Calendar to the Regular Meeting Agenda. Murphy asked the Council to add a presentation by Michael Olson, Planning Commission applicant, to "Presentations with Prior Notice ". The question was called, and the agenda was approved as amended with five YES votes and White and Crane voting NO. 6. BOROUGH ASSEMBLY REPORT ' Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the January 19, 1993, assembly meeting. 7. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING DON WITHROW, Small Boat Harbor, spoke regarding the Small Boat Harbor Parking Committee appointments. He proposed that a member of the Small Boat Harbor community be appointed to the committee and recommended that John Flood be chosen to represent residents of the harbor. City of Seward, Alaska City Council Minutes January 25, 1993 V 2 9, Page 36 8. APPROVAL OF CONSENT CALENDAR Krasnansky moved to approve the Consent Calendar as amended; the motion was seconded by Swartz and was approved by unanimous vote. The following actions were taken: A. Resolution No. 93 -006, amending travel budgets for the Clerk and Mayor & Council for expenses related to attending AML Legislative Committee meetings, was approved; B. Resolution No. 93 -007, amending the records retention schedule of the city, was approved; C. Resolution No. 93 -008, supporting the SAAMS Alaska Sea Life Center project, was approved; D. Resolution No. 93 -009, opposing cuts to Municipal Assistance and State Revenue Sharing, was approved; E. Resolution No. 93 -014, approving a Dames & Moore contract amendment, was moved to the regular meeting agenda; F. Resolution No. 93 -015, in support of the proposed oyster spat facility, was approved; G. ABCB notification of application for renewal of a liquor license as filed by New Seward Hotel was noted and a letter of nonobjection was issued; H. Applications for permits for games of chance and skill as filed by Alaska Information Radio Reading Education Service and Seward Chamber of Commerce were noted for information; I. Small Boat Harbor Parking Committee appointments were noted as follows: Trade Board - William Fellows Planning Commission - Anne Castellina Port Committee - Jack Scoby and John Baird (Alternate) J. Informational memorandum and report of state random indoor survey of radon levels was noted; and K. Quarterly financial report for the period ending 12/31/92 was noted. 9. PUBLIC HEARINGS 37 City of Seward, Alaska City Council Minutes January 25, 1993 Volume 29, Page 37 10. PRESENTATIONS WITH PRIOR NOTICE ONLY A. Gary Bader, Citizens Grou12 Liaison Manager for Alyeska Pipeline Service Company - Results of Volatile Organic Compound Study Seward and Valdez Bader introduced Dick Michelson who reported test results comparing the levels of benzene present in Valdez and Seward. He stated that, following skepticism on the part of Valdez residents regarding the results of air quality studies conducted there, Seward was studied as a control to compare to samples taken in Valdez. He stated that benzene levels in Seward were found to be about one -half the concentration in Valdez and fell below the normal levels of similar communities outside of Alaska. B. Alaska State Trooper Brandon Anderson - Report on committee formed to address bear problems Anderson distributed a handout to the Council and administration. He stated that he represented an informal committee which was trying to "put a lid on" the city's summer bear problems. He noted that Phase I of the project (providing public information) was well underway. He added that Phase Il (garbage compliance - i.e. bear -proof containers, door hangers, letters to apartment owners regarding containment of garbage, and issuing citations) would soon be initiated. Brandon stressed that Phase III (removal of bears) would be a last and least desirable step since black bears are commonly destroyed rather than relocated. C. Willard Dunham, President of SAAMS Board of Directors - Alaska Sea Life Center project update Dunham distributed an updated work plan and budget for 1993 -94. He thanked the Council for promptly approving a resolution in support of the oyster spat facility and noted that this was a major growth industry and would fit well with the Institute of Marine Science and the Alaska Sea Life Center. He reviewed the work plan and the plans for updating the state legislature and the governor with respects to the progress SAAMS had made thus far. Dunham noted that a $32,000 grant had been received to begin preparing the economic study which was needed before SAAMS could proceed with further fund- raising and development plans. Dunham reported that HB 10 included $500,000 for SAAMS and both British Petroleum and ARCO had requested another presentation regarding the plans for the Sea Life Center. D. Don Sutherland, Chairman of the Seward Polar Bear Festival Inc - 8th Annual Polar Bear jumpoff Festival Re Sutherland reported that the 1993 Polar Bear Festival had attracted more visitors than in the past. He stated that many of the city's hotel and Bed & Breakfast rooms were full during the festival, and many restaurants and gift shops which were not normally open during winter had opened for the Festival. Sutherland reported that the first annual Polar Bear Moose Pass golf classic was conducted on Sunday. He stated that various auctions had raised a total of $4500 which was divided between two young cancer victims on the Kenai Peninsula to help meet their medical needs. Sutherland stated that the Plunge had raised over $29,000, and 38 City of Seward, Alaska City Council Minutes January 25, 1993 Volume 29, Page 38 he thanked the Council for the advertising grant awarded this year which had helped make the Festival's publicity efforts successful. E. Wayne Carpenter - Planning Commissioner applicant Carpenter stated that he had served on the Planning Commission for about one and one -half years, and he asked the Council to consider his requested re- appointment to the commission. He noted that the commission was in the midst of some important work, and he asked to be allowed to continue with that work. F. Michael Olson - Planning Commissioner apdslicant Olson stated that he was fairly new to the community, but had served in Colorado in economic development and had a wide range of experience in construction. He stated that he would like to be involved in the community's growth. He reported that he had lived in Seward for only five months, but had been an Alaskan resident for eight years. RECESS The meeting was recessed at 5:40 p.m. and reconvened at 5:50 p.m. 11. ORDINANCES AND RESOLUTIONS A. Ordinances for Introduction E. Ordinances for Public Dearing & Enactment 1. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code Chapter 12.05 by adopting newly revised uniform codes. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to enact Ordinance No. 93-02; the motion was seconded by White and carried by unanimous vote. 2. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code Chapter 12.10, signs, to allow time and temperature signs. 39 City of Seward, Alaska City Council Minutes January 25, 1993 Volume 29, Page 39 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to enact Ordinance No. 93-03; the motion was seconded by Swartz and carried by unanimous vote. 3. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 9.15.110 by adopting the 1991 Fire Code. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Swartz moved to enact Ordinance No. 93-04; the motion was seconded by Krasnansky and carried by unanimous vote. C. Resolutions 1. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, relating to the arbitration decision and order in the matter of the arbitration between James T. Pruitt, dba Seward Ship's Chandlery, and the City of Seward, and appropriating funds. Krasnansky moved to approve R esolution No. 93 -004; the motion was seconded by Swartz. The question was called, and the resolution was approved by unanimous vote. 2. The following resolution was deleted from the agenda, and no action was taken: A Resolution of the City Council of the City of Seward, Alaska, approving a severance agreement with Christopher H. Gates. 3. The following resolution was deleted from the agenda, and no action was taken. City of Seward, Alaska City Council Minutes January 25, 1993 Volume 29, Page 40 A Resolution of the City Council of the City of Seward, Alaska, approving a severance agreement with E. Paul Diener. 4. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving the 1993 Capital Improvements Project Priority List. Krasnansky moved to approve Resolution No. 93 -012; the motion was seconded by White. Crane noted the first three priorities on the capital priority list. White moved to amend the resolution by deleting "at Ballaine Street° from the third Whereas clause, the motion was seconded by Swartz and carried by unanimous vote. The question was called on the main motion, and the resolution was approved as amended by unanimous vote. 5. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving a professional services agreement with Tyler Jones to provide interim city manager services. Krasnansky moved to approve Resolution No. 93 -013; the motion was seconded by Swartz and carried by unanimous vote. 6. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving a Dames & Moore contract amendment to complete a more detailed survey of the oil spill at Ft. Raymond Substation. Darling moved to approve Resolution No. 93 -014; the motion was seconded by fiencardino. Darling asked why this issue had been brought back to the Council. 41 City of Seward, Alaska City Council Minutes January 25, 1993 Volume 29, Page 41 Schaefermeyer stated that, when the city initiated the project, no one knew what the initial reconnaissance would find. He stated that the city was required to perform the reconnaissance and the clean -up under state regulations. He noted that he had included in the Council packets the Phase I report indicating that petroleum contamina- tion had been discovered in the soil in amounts exceeding DEC - allowed levels; however, there was no way as yet to know the depth and extent of that contamination. Schaefer - meyer stated that the proposal from Dames & Moore outlined the procedure the company would use to determine the extent of the contamination and prepare a plan for removing and disposing of the contaminated soil. Calvert noted that Dames & Moore had thus far billed the city approximately $2,000. He added that the large contingency had been included because the extent of contamination could not be known until the initial assessment had been completed. He reported that Dames & Moores best guess at this time was that it would cost an additional $19,000 to complete its contract, and the $8,000 contingency had been added because this work would be completed on a time and materials basis, and it was impossible to quantify how long the reconnaissance would take. In response to a question from Bencardino, Calvert stated that the spill occurred last January or February; however, it was not discovered until late spring when the snow melted. He noted that well water in the vicinity had been tested and found to be pure. In response to a question from Sieminski, Calvert stated that work would begin in May or as soon as the ground had thawed. He requested, however, that he be allowed to issue an authorization to proceed in order to prove to DEC that the city was diligently working towards cleaning up this site. The question was called, and the resolution was approved by unanimous vote. 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. November 1992 invoice from Perkins Coie for legal services totalling $ 80,939.11. Krasnansky moved to approve payment of the invoice as submitted; the motion was seconded by Swartz. White noted that, when the previous invoice had been approved, he had questioned several miscellaneous charges and was told that this would be credited back to the city if proved to have been charged in error. Schaefermeyer stated that Arvidson had indicated that these charges were allowed under the terms of the city's agreement with Perkins Coie and should be paid. The question was called, and the motion was approved by unanimous vote. im City of Seward, Alaska City Council Minutes January 25, 1993 Volume 29, Page 42 B. Erosion Control - Ballaine Point Dock Krasnansky stated that he had called someone from the Corps of Engineers and had found that there was a 15-day permitting process for approving construction of a dock if there was to be no dredging or fill used in the construction area. Schaefermeyer stated that he had nothing he could add to this at this meeting. He stated that the city would not go forward with a request that the Corps of Engineers address any other dock sites until the Council made a determination as to where the dock was to be located. Schaefermeyer added that it was critical that the Council seek public input with regards to the location of the dock prior to making any firm decision to change locations from the previously ,approved B Street site. Swartz stated that it was the CounciYs duty to allow residents of the area a chance to be heard regarding dock location. Crane, too, stated that the Council had every intention of conducting public hearings on this issue. Schaefermeyer stated that the Council might wish to invite a Corps representative to be present at one of the hearings to answer Council and public questions. C. Appointment of Planning Commissioners White nominated Wayne Carpenter and Michael Olson to serve on the Planning Commission for three -year terms to expire in February 1996; the motion was seconded by Swartz and carried by unanimous vote. 14. CITY MANAGER REPORTS SCHAEFERMEYER read a prepared statement as follows: Today marks my 16th anniversary as an employee of the city of Seward. The past 16 years represents some of the most rewarding, and yet challenging, years of my life. I could not have even imagined, when I began work that Monday morning on January 25, 1977, that I would be standing here today and able to look back and review over a decade and a half of service to the only community that has ever been my home. When one is engaged in public service, the reward that one receives is leaving the community where you have served better than before you came. In this regard my rewards are many because 1 can look at Seward today and know that it is a better community as a result of my years of public service. It is now time for me to say goodbye - to the job that 1 have held for so long - and to the community that has been my only home and which I love so much. I wish to publicly thank the oh -so -many members of the community who have lent their voices of support and encouragement to me. Your support has meant more to me than you can ever know. 1 want to thank my employees who have been the 43 City of Seward, Alaska January 25, 1993 City Council Minutes Volume 29, Page 43 finest that any manager could ever have, who have demonstrated the finest in service and are a credit to this community and to themselves. Finally, I want to thank my wife, Karla, and my children for the many years of sacrifice they have made so that I could do the very best with what I had for the benefit of the community of Seward. You know not the sacrifice that this has been. To the community, to all the city employees, to all with whom I have had the privilege of working and associating for the betterment of Seward, I bid farewell and God speed. 1S. COUNCIL DISCUSSION SIEMINSKI asked if the fund balance listed on Page 112 of the packet represented the true cash position of the city. Schaefermeyer stated that he would have the Finance Department prepare a report of the unrestricted cash position of the city for presentation to the Council at the next meeting. BENCARDINO noted that he had met with Mark Stauble of the Parks & Recreation Department and would be going out with him to assess the best way to clear the Forest Acres Campground area adjacent to the highway. He stated that he had visited with Pat Williams a couple of weeks ago, and she had expressed her concern regarding certain bent' bushes along the highway and the importance of leaving these intact. Bencardino also stated that he would like the city to do what it could to make the area cut by Alaska Railroad employees last summer a bit more presentable. BENCARDINO asked if it was worthwhile for Kerry Martin to attend Chamber of Commerce and Downtown Merchants Association meetings. He noted that Martin always seemed to have more than enough to do, and he asked if attending these meetings was necessary or a wise use of his time. Schaefermeyer noted that Martin served as a direct liaison between the Chamber and the city. He suggested that the new city manager address this issue since he would have the prerogative to modify Martin's position and role. Schaefermeyer noted that Jones would probably want to evaluate all department head level positions. WHITE asked if severance agreements were common practice when department heads left the city. Schaefermeyer stated that severance agreements of the type proposed were appropriate and would have been the wise thing to do in dealing with the employees named therein. He noted, however, that such agreements had not been approved in the past. WHITE noted that the Port Committee had met last week. He stated that a second launch ramp for the harbor was now the number one priority for the state Sport Fishing Council, and the city would probably receive $250,000 next year to construct this ramp. City of Seward, Alaska City Council Minutes January 25, 1993 Volume 29, Page 44 WHITE thanked Schaefermeyer for his service to the city and stated that he would be missed in the community. He also welcomed Tyler Jones. KRASNANSKY noted Withrow's comments and stated that he, too, was concerned about those who lived in the Small Boat Harbor. He suggested appointing Mr. Flood as an ex officio member of the Parking Committee. KRASNANSKY stated that he respected Schaefenneyer, although they differed in many of their positions, and he wished him well. SWARTZ stated that she would prefer to work with a small committee (Parking Committee) and expressed some concern that adding more members at this point might make it difficult for the committee to accomplish all that it was charged to do in the allotted time. She stated that she hoped to get lots of public participation. SWARTZ also wished Schaefermeyer the best and stated that she appreciated his many years of service to the community. BENCARDINO stated that the council seemed to forget that the boat owners were the reason there was a boat harbor. He stated that boat owners should be able to purchase a permit which would allow them to park in a designated area. Bencardino stated that he hoped the Mayor would appoint Flood to the Parking Committee. CRANE noted that Bill Fellows (Trade Board), Anne Castellina (Planning Commission), Jack Scoby (Port Committee), Karen Swartz (City Council), Harbormaster Singleton, Community Planning Director Martin, Police Chief Walker, and Assistant City Manager Yanez were the members of the Parking Committee. He stated that he did not want to see the number of the committee get out of hand since this would slow the process down. He recommended that the Committee decide how many members it would like to have and he encouraged the public to give its input to committee members. WHITE stated that it was important to use the Council appointed boards and commissions already in place. He stated that he was concerned about involving members of the public who were unfamiliar with the Open Meetings Act. BENCARDINO noted that there were four city employees and only four members of the public on the committee. He suggested that adding one more public member would add balance to the committee and would give it an odd number. CRANE noted that the council had interviewed three attorney firms on Friday and needed to decide which of the three to employ. The Clerk was instructed to prepare a fill -in- the -blank resolution and ballots for voting on individual firms for the next regular meeting. W1 City of Seward, Alaska City Council Minutes January 25, 1993 Volume 29, Page 45 CRANE canceled the Tuesday Rules of procedure work session and stated that it would be rescheduled. CRANE thanked the city employees for their input at the last work session. CRANE stated that the Council needed to address whether to go forward with a pre - termination hearing on the Pruitt lease. Schaeffermeyer stated that the attorney should fully advise the Council on the procedures and the process prior to proceeding. He noted that this would be a formal hearing where the lessee was afforded an opportunity to be present and represented by counsel and to present any information he deemed necessary. He added that the city staff would present information as well. Following the hearing, the Council would act on whether or not to issue a notice of termination of the lease, with termination dependent upon and subject to the pertinent facts and law (or arbiters decision). This them would become the basis for the continuing relationship between the parties to the lease until either the default was cured or the time had expired and the termination took effect. He suggested that Arvidson advise the Council via written communication. CRANE thanked Schaefermeyer and his family for their many sacrifices on behalf of the city and he welcomed Jones. 16. CITIZENS' DISCUSSION FRANK IRICK, Anchorage, noted that he owned property in Jesse Lee Heights and stated that he would like to address his relationship with Manager of Engineering & Utilities Diener since he (Irick) purchae,ed the Jesse Lee Home property. He stated that he had entered into a subdivision agreement with the city which specified that he would install his own sewer and water. Irick stated that, at the time, Diener had informed him that his cost for this utility extension would be approximately $90,000; however, he had eventually had to pay over $200,000 for sewer, water and electricity to the subdivision. Irick stated that the Gateway Subdivision was subsequently constructed by private developers who were given the property at no charge by the city. He stated that Diener then wrote to him and informed him that he had 3 days to remove the buildings on his property. He reminded Council that at one time he (Irick) had received a petition with four hundred names of those who wanted to keep him from developing the Jesse Lee Home. Irick stated that he had also received a letter saying that there was no access to the lot. He said that, despite the fact that he had $200,000 invested in utilities and a road, he now had no access, according to the city, to the road or the sewer and water system in Gateway. Irick stated that he now had no access to 2 acres of land in which he had invested approximately $3.00 per foot. Irick also criticized Diener's management of an earlier transmission line construction project. WAYNE CARPENTER, Director of Seward Chamber of Commerce, noted that on January 29th, the Chamber would have its annual dinner for members of the Chamber 46 City of Seward, Alaska City Council Minutes January 25, 1993 V 2 9, Page 46 and the public. He stated that featured guests would be the Mayor and his wife, and the Mayor would be giving his state of the city address at that time. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS KRASNANSKY asked if someone could address Irick's comments. Schaefermeyer stated that it would probably be impossible to address his concerns to Irick's satisfaction. Schaefermeyer suggested that Diener be asked to respond to the comments. BENCARDINO stated that Irick and Jones should get together and talk this out and have Jones Hook into Irick's problems of access to roads and utilities. SWARTZ agreed that Jones should address these problems with Irick. 18. ADJOURNMENT The meeting was adjourned at 10:29 p.m. tulip & . in a S. u hy, C/ E Dave W. Crane 't�ferk Mayor t w . Sward, Alaska City Council Minutes Volume 29, Page 46 1. CALL TO ORDER The February 8, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Councilmember White led the pledge of allegiance to the flag. 3. ROLL CALL There were present: 47 City of Seward, Alaska City Council Minutes February 8, 1993 Volume 29, Page 47 Dave W. Crane, presiding, and Louis A. Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Tyler Jones, Interim City Manager Michael Yanez, Deputy City Manager Patricia Jones, Deputy City Clerk 4a. APPROVAL OF MINUTES Hugh Darling Bruce Sieminski Dale White Krasnansky moved to approve the January 25,1993, regular meeting minutes as presented; the motion was seconded by White and carried without objection. 4b. SPECIAL ITEMS A. Mayor Crane presented a plaque thanking Chester Thorne for his 16 years of service on the Planning and Zoning Commission. Thorne was not present because of a prior commitment to attend a Borough Planning Commission meeting. B. Mayor Crane presented a proclamation to Buck Wall of the Elks Club designating the week of February 15-20 as National Patriotism Week. 5. APPROVAL OF REGULAR MEETING AGENDA Krasnansky moved to approve the Regular Meeting Agenda; the motion was seconded by Swartz. Krasnansky moved to meet in executive session immediately following the close of business to discuss the Exxon litigation; the motion was seconded by Swartz and carried by unanimous vote. The question was called on the main motion, and the agenda was approved as amended. 6. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the February 2, 1993, assembly meeting. He reported that the assembly had passed an ordinance requiring that all borough -owned Hand must be classified before sale or transfer. 4') City of Seward, Alaska February 8, 1993 City Council Minutes Volume 29, Page 48 7. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING WILLARD DUNHAM, Alder & Diamond, Chairman of SAAMS, updated the Council on the status of the proposed Alaska Sea Life Center. He reported that he had met with a number of officials in Juneau Oast week including Seward's representatives. He stated that House Bill 10, regarding funding from oil spill funds, had been re- submitted to the Legislature. He noted that he had also met with representatives from the Governs Office, the Dept. of Commerce and the Dept. of Community and Regional Affairs. He reported that Governor Hickel had requested a breakdown of the budget for the proposed project. He added that Governor Hickel had been impressed with Cambridge Seven and had stated that the project was in the interest of the state of Alaska. Dunham reported that, with the backing of the governor and the attorney general, the center could be completed by 1996. He stated that the SAAMS Board was very optimistic about the progress of the project. 8. APPROVAL OF CONSENT CALENDAR Sieminski requested that Items A and G be moved to the regular meeting agenda. Item A was added under Resolutions and Item G was added under Unfinished Business. Krasnansky moved to approve the Consent Calendar as amended; the motion was seconded by Bencardino and carried by unanimous vote. The following actions were taken: A. Resolution No. 93 -016, setting rates and charges for copying and purchasing miscellaneous documents and services from the administrative service, was moved to the regular meeting agenda; B. Resolution No. 93 -017, approving the head start use agreement for the 1992- 93 program year, was approved; C. Resolution No. 93 -021, in support of holding the Department of Corrections, Correctional Officers Academy at Spring Creek Correctional Center in Seward during April and May, 1993, was approved; D. Resolution No. 93 -022, authorizing signatures for the city bank accounts, was approved; E. ABCB notification of application for renewal of liquor licenses as filed by Dreamland Bowl, American Legion and Yukon Bar and transfer of liquor license from Yukon Canoe Inc. to Yukon Tender Inc. was noted and a letter of non-objection was issued; M City of Seward, Alaska City Council Minutes February 8, 1993 Volume 29, Page 49 E. Request for 30 day extension on request for renewal of liquor license as filed by Marina's Restaurant was noted and a. letter was issued; F. Application for permit for games of chance and skill as filed by Seward Jr /Sr High School was noted for information; G. Agreement between Icicle Seafoods Inc. and Meehan By- Products for sublease of the eastern portion (55,912 square feet) of Lot 3, Block 2, Marina Subdivision for operation of a fish -meal processing plant was moved to the regular meeting agenda; and H. Seward General Hospital Quarterly Financial Report for the period ending 12/31/92 was noted. 9. PUBLIC HEARINGS 10. PRESENTATIONS WITH PRIOR NOTICE ONLY A. Vicky White on behalf of Bea Bibby Seward Laundry - request to lease jroverty in the Small Boat Harbor Vicky White, Mile 4.5 Seward, Highway, spoke on behalf of Bea Bibby. She requested that the Council consider a possible lease of property in the Small Boat Harbor where Alaska Treks & Voyages had existed. She noted that the proposed business, which would consist of a laundry facility, showers and restrooms, would be open seven or eight months each year. Sieminski stated that there was n:7 property in the Small Boat Harbor for lease at this time. He added that the council would be meeting to determine if and how property in the Small Boat Harbor should be leased. Swartz stated that all requests for leases in the Small Boat Harbor would be held in abeyance until the parking issue was resolved. Krasnansky agreed and noted that the administration had been instructed to hold approval of leases in abeyance until further notice. White stated that some people wanted to lease property in the harbor, but until the Small Boat Harbor Master Plan was finished and reviewed, no new leases would be approved. Crane thanked Vicky White for the presentation. B. Ogden Beeman & Associates - Cruise Ship Dock Tyler Jones presented Ogden Beeman. Beeman reported on the findings regarding the proposed Cruise Ship Dock- He stated that a single -use dock would cost approximately $3.5 million which was higher than revenues that would be realized from its use. He noted that the cruise ship industry would continue to grow in the future, but in 1993, and possibly 1994, the cruise ship lines planned to use the east side of the railroad dock. He added that there were 3y City of Seward, Alaska City Council Minutes February 8, 1993 Volume 29, Page 50 also plans to construct a dolphin to help in turning large vessels. Beeman reported that, in order to recover costs of the construction of a new dock, 50% of the current cruise ship market would need to be captured by the city. He stated that the new dock would cost more than the cruise ships currently pay to use the railroad dock, and this was unacceptable at this time. He noted that it would cost $500,000 annually to operate and maintain the dock and only $300,000 in revenue would be realized. Beeman stated that the alternatives were to not build the facility, to undertake further cruise ship economic development without constructing the dock, and to build a cruise ship dock with funding subsidized by the city. He noted that a multi -use dock could be constructed if contributions were received from UAA and the state of Alaska since the dock would be utilized by a marine research vessel and the state ferry. He added that this could be accomplished through a two -phase project. He further added that the cost of phase one could be partially borne by the city and state for cruise ship usage and phase two would be dependent upon funding from the state and the University of Alaska. White asked about the cost analysis of a single -use dock. Beeman replied that the cruise ship industry was considered the dominant user with little possibility for secondary users. He noted that secondary use was considered for fishing vessels during the winter, for a contribution of about 10% of total revenue. Sieminski asked if the ferry would off -load cars at the single -use dock. Beeman answered that the dock would only be used by cruise ships. Swartz asked where the proposed facility would be located. Beeman replied that a specific location was not identified. He noted, however, that three important criteria in deciding on a location were the wave climate, the existence of a structure to accommodate passengers and traffic planning for buses. In answer to a question on preference, Beeman replied that B Street was the preferred location since it was more protected and had a favorable wave climate. C. Elaine Nelson, applicant for Planning and Zoning Commission Elaine Nelson, 214 Benson, stated that she believed each person should contribute to the community in which they live. She stated that she had provided volunteer service to the Downtown Merchants and Chamber of Commerce. She added that she was retired from her former job with the Department of Corrections, specifically at Spring Creek Correctional Center. She added that she wanted to see Seward grow in an organized manner. She stated that she would fulfill the position with honesty and fairness. Ill.. ORDINANCES AND RESOLUTIONS A. Ordinances for Introduction 51 City of Seward, Alaska City Council Minutes Februaru 8. 1993 Volume 29, Pag 51 B. Ordinances for Public Tearing & Enactment 1. Copies having been made available to the public, Crane noted by title only an ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 3.55.020, dismissal for disciplinary reasons. The public hearing was opened, no one appeared in order to be heard and the public hearing was closed. Crane noted that this item had been postponed from the January 11, 1993, meeting and that there was a motion on the floor for approval of Ordinance No. 93 -01 Bencardino voiced his opposition to the ordinance. He stated that he was still concerned about dissension among some employees, and he was sensitive to their concerns. Krasnansky stated that the current personnel policy disregarded employees rights. He suggested that PERA and collective bargaining should be addressed, and employees should have the right to negotiate. The question was called and Or dinance No. 93 -01 was approved with Crane, Darling, Swartz and White voting YES and Bencardino, Krasnansky and Sieminski voting NO. The meeting was recessed at 8:40 p.m. and reconvened at 8:50 p.m. C. Resolutions 1. Copies having been made available to the public, Crane noted by title only a resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, authorizing the City Manager and the Mayor to negotiate a contract for legal services. Krasnansky moved to approve Resol No. 93 -018; the motion was seconded by Swartz. White stated that it was a tough decision to select one firm out of 21 original applicants. RN City of Seward, Alaska City Council Minutes February 8, 1993 Volume 29, Page 52 Crane stated that the Council should keep in mind that this contract should be based on a two -year term according to the legal services study done by KPMG Peat Marwick. Krasnansky suggested that the attorney be evaluated on a regular annual basis. He also stated that Fred Arvidson had done much more for the city than he received credit for. Deputy City Clerk Jones distributed ballots containing the names of the three finalists for city attorney to the Council and instructed them to vote for one firm and to sign the ballot where indicated. Jones collected the ballots and read the results as follows: Flicks, Boyd, Chandler & Falconer - 0 Hughes, Thorsness, Gantz, Powell & Brundin - 2 Wohlforth, Argetsinger, Johnson & Brecht - 5 Jones announced that Wohlforth, Argetsinger, Johnson and Brecht had received the required number of votes, and was, therefore, chosen to negotiate a contract for legal services with the City Manager and the Mayor. Krasnansky moved to amend the resolution to insert the name Wohlforth, Argetsinger, Johnson and Brecht in Section 1; the motion was seconded by Bencardino. The question was called and the motion carried by unanimous vote. The question was called on the main motion and Resolution 93-018 was approved as amended by unanimous vote. 2. Copies having been made available to the public, Crane noted by title only a resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, awarding a contract to Newbery Alaska, Inc. for construction of Phase 1B of the transmission line from Lawing to Fort Raymond Substation. Krasnansky moved to approve Resolution No. 93 -019; the motion was seconded by Darling. White asked about the need for the contractor to obtain a right -of -way permit. Utility Engineer Calvert stated that this would be addressed at the pre - construction conference. 53 City of Seward, Alaska February 8, 1993 City Council Minutes Volume 29, Page 53 Darling asked why the contingency amounted to so much. Calvert stated that this was the standard contingency of 10 %. He noted that the transmission line was well designed and the first phase had been constructed within $10,000 of the contract price. He noted that the cost for this phase of the project would be close to the actual bid amount. Diener added that the designated contingency was not unusual for this type of contract. He agreed with Calvert that the price would come in close to the estimated amount. Darling stated that he would rather approve the contract without the contingency. Diener explained that it cost more to initiate change orders to a contract. He added that the contingency amount would only be used for those items specified within the scope of the contract. The question was called and the resolution was approved with six YES votes and Darling voting NO. 3. Copies having been made available to the public, Crane noted by title only a resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving a retail power sales agreement between the City of Seward and Suneel Alaska Corporation. Krasnansky moved to approve Resolution No. 93 -020; the motion was seconded by Swartz. White stated that, because he was an employee of Suneel, he had a direct financial conflict and asked to abstain on this issue. Mayor Crane stated that White, as an employee, would derive no financial gain and ruled that White could participate. Krasnansky objected to the ruling; a vote was taken on whether or not White would abstain. The motion carried with four YES votes and Crane, Darling and Sieminski voting NO. Tyler Jones stated that Suneel had been struggling to keep the coal terminal operating. He explained that the rate Suneel paid for electricity was excessively high and it could be lowered with full recovery of city costs possible. He stated that this was an interim contract which was effective until the rate study being done by R. W. Beck was completed later in the summer. Calvert added that the current contract had expired but Suneel was purchasing power from the city on a month -to -month basis at a rate higher than other comparable users. Approval of this interim contract would allow Suneel to _. 1 3 -r City of Seward, Alaska z ! City Council Minutes February 8, 1993 ' Volume 29, Page 54 pay the same rates charged to other large industrial users. Diener gave a brief history of Suneel's power consumption. The question was called and the resolution was approved with six YES votes with White abstaining. 4. Copies having been made available to the public, Crane noted by title only a resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, setting rates and charges for copying and purchasing miscellaneous documents'and services from the administra- tive service; White moved to approve Resolution No. 93 -016; the motion was seconded by Darling. Sieminski moved to change the !fee schedule so that city employees, as well as the public, would be required to pay 30 cents per page copying fee. Crane ruled the motion out of order because the schedule set forth fees for the public, not employees. He added that the administration was responsible for setting a rate for employees. In answer to a question from Bencardino, Deputy Clerk Jones stated that the rate charge for employees had been set about two years ago. She added that the copy charge to the public of 30 cents per page covered the actual cost of reproduction and a portion of the labor cost to retrieve, copy, finish paperwork and re -file a document. Jones also reported that the only change made to the schedule was the cost of the Uniform Codes, recently updated and adopted by the Council. Bencardino asked the administration to report on the actual cost to reproduce documents. Krasnansky moved to postpone until February 22,1993; the motion was seconded by Sieminski. The question was called and the motion carried with five YES votes and Crane and Darling voting NO. 12. UNFINISHED BUSINESS A. Appointment to Planning & Zoning Commission White moved to appoint Elaine Nelson to the vacancy on the Planning and Zoning Commission; the motion was seconded by Krasnansky and carried by unanimous vote. B. Cruise Ship Dock Tyler Jones stated that there had been extensive discussion on the feasibility report and location of the future dock. He cited several issues to be addressed including requirements for different types of vessels, dock design, s� t� e „J e City of Seward, Alaska City Council Minutes February 8, 1993 Volume a Page 55 future development, preparation of cost estimates to provide budgets and financial plans, and permitting requirements. He added that there was much interest in Seward for a multi-use dock. He further added that there was a need for administration to schedule phasing of the work, financial planning and to talk to the cruise ship operations departments to obtain an idea of what the industry required to use the dock. Jones recommended that Council direct the administration to pursue planning, engineering and implementation of the cruise ship dock. Sieminski stated that it was time to move forward on this project due to the fact that there was a good possibility that the Alaska Sealife center could become a reality. Darling asked if funds were available for this request. Jones replied that 15 percent of the grant funds had been spent and he would like to move forward using the remaining funds for the multi- purpose dock. Krasnansky stated that this interest in building a new dock had started because of threats to relocate the Tustumena and because of the undesirable location of the Fourth Avenue Dock. He noted that the main purpose for dock construction was to accommodate the ferry and the Alpha -Helix research vessel, and use by the cruise ship industry was the secondary reason. He also noted that the property at the B Street Dock was already committed for the multi-use dock. Swartz stated that the dock should be built instead of continuing with discussion. She noted that the citizens who lived in the area had not complained and she considered the B Street location to be low impact area. Crane favored moving forward with the B Street Dock concept. Sieminski and White concurred. Darling agreed to move forward with a multi- purpose dock at B Street. He noted that he favored the Adams Street location but it was determined not to be economically feasible. He asked about plans for funding the construction. Jones replied that a plan would be developed to build a multi-user dock. He added that, once the plan was developed, administration would pursue legislative funding, as well as other possible funding, for construction. He stated that, now, the cruise ship industry was the first consideration for use of the dock, and the ferry and marine research vessel rated next. Krasnansky stated that revenue was created in the community by the existence of the ferry. He noted that the ferry also provided local employment and financial support to the community. 56 City of Seward, Alaska City Council Minutes February 8, 1993 Volume 29, Page 56 White clarified that the state had not been able to contribute its share of funding for the dock. He agreed that the Tustumena made a positive impact on the community. It was the consensus of Council to allow the administration to move forward with planning of the multi -user dock at B Street as recommended earlier by Jones. D. Agreement between Icicle Seafoods Inc and Meehan BY- Products for sublease of the eastern portion (55,912 square feet) of Lot 3 Block 2 Marina Subdivision for operation of a fish -meal processing plant Sieminski moved to approve the sublease agreement between Icicle Seafoods Inc. and Meehan By- Products; the motion was,:seconded by Krasnansky. Jones stated that the sublease from Icicle Seafoods, Inc. to Meehan By- Products required Council approval. Martin stated that the original lease agreement between the city and Icicle Seafoods stipulated that any sublease needed Council consent. In answer to a question from Darling, Martin stated that Icicle Seafoods, Inc. would be responsible for the sublease agreement with Meehan By- Products. 13. NEW BUSINESS 14. CITY MANAGER REPORTS Jones congratulated the Seward Seahawks boy's basketball team for placing second in the state championship. He reported that administration was completing the permitting process with the Corps of Engineers for the Nash Road Harbor. He also reported that the city had received an offer and a deposit of $10,000 for the grain terminal components. He noted that a purchase agreement would be brought to Council in the near future. He further noted that he had received a request from the Civil Air Patrol to include funding for a hangar and office at the airport in the city's legislative request package. He asked if Council wanted to amend the legislative package to include this request. Crane referred to the Statement of Cash Position provided to Council at Sieminski's request. He asked for an explanation on the sweep account. Finance Director Gifford explained that this was an account that accumulated overnight interest while waiting for checks to clear. He further explained that only the funds needed to cover the checks were transferred to the checking account. This enabled the City to obtain the maximum interest on its available funds. Sieminski asked about the unrestricted cash balance. Gifford replied that the fund balance was different than cash reserves. He cited the fund balance from the 2nd quarter report which was presented to Council at the last meeting. He noted that there was approximately $729,000 available in the general fund for appropriation. M City of Seward, Alaska City Council Minutes February 8, 1993 Volume 29, Page 57 Jones stated further that information would be forthcoming on the status of ISTEA (Intermodal Surface Transportation Efficiency Act) funding from the borough. He noted that he had spoken with Frank Turpin, Commissioner of the Department of Transporta- tion, regarding a long -term relationship between the city and state on the Alaska Marine Highway System. Bencardino asked if 3STEA funds would be available to help pay for construction of the multi -use dock as an extension of the highway. Jones replied that this issue could be addressed with the state. 15. COUNCIL DISCUSSION Sieminski asked Council for its input on a proposed community opinion survey of the community fashioned after a similar survey completed recently in Kenai. He also noted that he had received many letters of support for Parks and Recreation programs, and he suggested asking those people to help fund these programs. Swartz stated that the Governor's arrival to cut the ribbon at the opening of sawmill was exciting. She noted that Governor Hickel had asked for a presentation by SAAMS on the Alaska Sealife Center. She reported that the parking committee had met three times and received a lot of input from the public. She added that many avenues had been explored and the committee would make a final recommendation by March 15th. Darling reminded everyone of the KPB Tax Task Force meeting to be held in the Council Chambers on February 9th. He stated that the Borough was considering increasing the sales tax. Bencardino voiced his concern about a big depression in the parking lot across from the Breeze Inn. He stated that handicap parking was available on each end of the lot but it would be better to install a handicap parking space in the middle near the depression. He also suggested that repairs needed on the ferries should be done within the state, not Seattle. Krasnansky thanked the attorneys who were interviewed. He stated that it was a tough decision to select one firm to represent Seward. He congratulated Tyler Jones on making it through the first meeting. Crane thanked the attorney firms for responding to the city's request for proposals and welcomed Tom Klinkner of Wohlforth, Argetsinger, Johnson and Brecht. He also welcomed Young and Morgan and congratulated the company on the opening of the Seward sawmill. Crane thanked the SAAMS Board for its excellent presentation to the Governor and he congratulated the Seward Seahawks for placing second in the state basketball championships. He reported briefly on his recent lobbying trip to Juneau and stated that he had attended a seminar on lobbying and met with representatives. Crane noted that no applications had been received in response to a request for letters of interest to serve as Sewar&s representative on the Regional Citizens Advisory Council. City of Seward, Alaska City Council Minutes February 8, 1993 Volume 29, Page 58 He suggested contacting Dennis ]Lodge, who was interested and seemed to be a viable candidate to represent the city. He stated that councilmembers needed to meet with the manager to add information to the legislative priority projects package. Crane thanked the parking committee for working hard on parking issues. 16. CITIZENS' DISCUSSION Mike Wiley, 550 Railway, addressed the council regarding conflict of interest. He stated that it was very important for the council to realize when or when not to allow a member to vote on issues. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Swartz stated that Council recognized Whites conflict and the that was taken had been a proper way to handle the situation. Krasnansky stated that he appreciated Wiley's comments. Crane agreed that there was a fine line, and sometimes the decision was hard to make. He stated that he had based his decision on the fact that White did not receive direct financial gain as a result of approval of the power sales contract. 18. ADJOURNMENT The meeting was adjourned at 10:30 p.m. Following a brief recess, the Council met in executive session to discuss the Exxon litigation. Patricia J. Jones De u City Clerk 4" `. Ilk R� F 0 � 74, &u e. (A. 0464 , Dave W. Crane Mayor City of Seward, Alaska February 22, 1993 City Council Minutes Volume 29, Page 59 1. CALL TO ORDER The February 22, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Tyler Jones, Interim City Manager Michael Yanez, Assistant City Manager Linda S. Murphy, City Clerk 4. APPROVAL OF MINUTES Hugh Darling Bruce Sieminski Dale White Krasnansky moved to approve the February 8,1993, regular meeting minutes as presented; the motion was seconded by Swartz. White noted that he had not abstained on the motion regarding his potential conflict of interest with regards to the Suneel Power Sales Agreement. The question was called, and the minutes were approved as amended without objection. 5. APPROVAL OF REGULAR MEETING AGENDA Krasnansky moved to approve the Regular Meeting Agenda as presented; the motion was seconded by Bencardino. Murphy requested the deletion of the presentation by Nina Daley (Item 10 -A). The question was called, and the agenda was approved as amended by unanimous vote. ZE City of Seward, Alaska City Council Minutes February 22, 1993 Volume 29, Page 60 6. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the February 16, 1993, assembly meeting. 7. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None 8. APPROVAL OF CONSENT CALENDAR Krasnansky moved to approve the Consent Calendar as presented; the motion was seconded by Bencardino. Murphy requested the deletion of Item D Qamin invoice for legal services totalling $25.29). Crane noted the proclamation recognizing February 14 -20 as FHA Week and the commendations to police department personnel Lt. Brossow, Officer Byrnes and Dispatcher Toler. The question was called, and the Consent Calendar was approved as amended by unanimous vote. The following actions were taken: A. A proclamation recognizing the week of February 14 -20 as National FHA Week was noted for information; B. Commendations to Lt. David Brossow and Officer Gary Byrnes for action related to the 12/07/92 bomb threat at AVTEC and to Jody Toler for professionally handling an emergency call for an apparent heart attack victim were noted for information; C. - Perkins Coie invoice for legal services for December 1992 totalling $14,408.32 was approved for payment; D. Invoice from Jamin, et. al., for legal services related to the Exxon litigation for 12/26/92 through 01/25/93 totalling $25.29 was DELETED from the agenda; E. Report of legal expenditures from Finance Director Gifford was noted for information; F. ABCB notification of application for renewal of liquor licenses as filed by Apollo, Elks Lodge, Gateway Texaco Liquor & Foodmart, Rays Waterfront, Thome's and Yukon Liquor was noted, and letters of non - objection to their renewal were approved; G. Request for 30 day extension on application for renewal of liquor license as filed by Nik ®s Night Club was approved; Z City of Seward, Alaska City Council Minutes February 22, 1993 Volume 29, Page 61 H. Parks and Recreation quarterly report for period ending 12/31/92 was noted for information; 1. Memorandum from Engineering & Utilities Manager Diener regarding electrical interties was noted for information; and J. Memorandum from Fire Chief John Gage regarding analysis of and planning procedures for handling hazardous materials was noted for information. 9. PUBLIC HEARINGS None 10. PRESENTATIONS WITH PRIOR NOTICE ONLY A. Nina Daley, representing 1 Sandefur - Request for long -term lease of Lot 1, Block 2, Marina Subdivision DELETED at Daley's request. 11. ORDINANCES AND RESOLUTIONS A. Ordinances for Introduction 1. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 15.10.140, Specific Definitions, Planning and Land Use Regulations, to incorpo- rate language pertaining to building height inadvertently omitted from Ordinance No. 626 Krasnansky moved to introduce and set for public hearing Ordinance No. 93 -05; the motion was seconded by White. The question was called, and the Ordinance was introduced by unanimous vote. Public hearing was scheduled for March 8, 1993. B. Ordinances for Public Hearing & Enactment None C. Resolutions 1. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, setting rates and charges for copying and purchasing miscellaneous documents and services from the administra- tive service. 62 City of Seward, Alaska City Council Minutes Februaru 22, 1993 Volume 29, Pag 62 Murphy noted that this resolution had been postponed from the February 8th meeting, and a motion to approve was on the floor. The question was called, and Resolution No. 93-016 was approved by unanimous vote. 2. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving an agreement with Wohlforth, Arget- singer, Johnson and Brecht to provide legal services to the city. Krasnansky moved to approve Resolution No. 93 -023; the motion was seconded by Swartz. The question was called, and the resolution was approved by unanimous vote. 3. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, authorizing the City Manager to enter into an agreement for the sale of the grain terminal components. Swartz moved to approve Resolution No. 93 -024; the motion was seconded by Bencardino. The question was called, and the resolution was approved by unanimous vote. 12. UNFINISHED BUSINESS None 13. NEW BUSINESS A. Appointment of a representative to the Regional Citizens' A dvisory Council Sieminski moved to nominate Dennis Lodge to be the cites representative to the RCAC; the motion was seconded by Krasnansky and carried by unanimous vote. B. Natural gas ryalty dispute between Chugach Electric Association and the State Department of Natural Resources Jones noted that this particular item had been brought to the city's attention by Diener. He stated that, although there was a potential financial risk to the city, city lobbyist Kent Dawson had recommended that the city "sit tight" at this time to see how the dialogue progressed between the parties. 14. CITY MANAGER REPORTS N City of Seward, Alaska City Council Minutes F ebruary 22, 1993 Volume 7.9. Anna 6; JONES announced that he had a very positive schedule set for his trip to Juneau with the Mayor on Thursday and Friday including appointments with the city's legislative delegation, Budget Director Stastny (regarding the Sea Life Center), and Commissioner of Transportation and Public Facilities Turpin (regarding transportation issues). He noted that on Friday, he and the Mayor would meet with the Director of the Marine Highway System and the Commissioner of the Department of Administration to discuss state leases and the ferry system. JONES noted the public opinion survey form from the city of Kenai which had been circulated by Sieminski. He stated that, unless there was some objection from the Council, he intended to conduct the survey during the month of May. He asked the Council to informally relay to him any particular areas of interest or concern they might have. Krasnansky noted that a community survey had been performed in conjunction with the Comprehensive Plan several years ago and suggested that this would provide baseline data for comparison with the upcoming survey. JONES noted that the Clerks Office had agreed to duplicate the Kenai Peninsula Borough Assembly agendas for distribution to city department heads and the Council. He also noted that the borough Economic Development District had recently received a commendation from the federal EDA office in Seattle. Jones stated that these commenda- tions were not handed out lightly, and the receipt of this commendation would greatly add to the credibility of the KPB/EDD and any projects it decided to put forth. JONES stated that the financial audit had been completed and had been reviewed by the administration. He stated that he intended to deliver this material to the Council in the course of the coming week with attached memoranda from both him and Gifford. JONES noted that a significant purchase had been made for the Teen Center without benefit of shopping locally. He stated that, although only Teen Center funds were involved and this was not technically a city purchase, local vendors should have been given the opportunity to bid on the item purchased. Jones stated that he intended to see that all city employees, when spending city funds, purchased locally if comparable prices could be obtained from local vendors. 15. COUNCIL DISCUSSION DARLING noted that there was a new doctor in town filling in for Dr. Hickel when he was away. He welcomed him to the community and noted that he had indicated that he might be interested in locating in Seward permanently. BENCARDINO asked Diener about the scheduled meeting with Dairy Hill residents regarding the proposed new sewer system. Diener noted that he had asked that those affected by the three alternative designs for the system meet with the designer prior to selection of one of the designs. 64 City of Seward, Alaska City Council Minutes February 22, 1993 Volume 29, Page 64 WHITE thanked Brossow, Byrnes and Toler for their fine work in the Police Department. He also asked if the hospital was doing obstetrics again. Darling replied that this service was not yet being offered, but the medical staff and hospital were addressing this issue. SWARTZ thanked Bencardino for sitting in for her on the SBH Parking Committee last week. She stated that the committee had met five times thus far and had received a great deal of input from the public. She added that she hoped to have a report for the Council at the next meeting. She thanked all who had participated. CRANE welcomed the new city attorney Tom lGinkner to the city. He also noted that he had attended the Chamber luncheon last week where the Spring Creek Correctional Center employee of the year presentation was made to John Atwell. He thanked and congratulated him on behalf of the city. In addition, Crane thanked Patsy Jones for her fine work over the past two weeks during Murphy's absence. 16. CITIZENS' DISCUSSION BOB VALDATTA, 528 Fifth Avenue, noted that there was no Port Committee meeting the prior week. He also accused the city of 'beating the drum" for a new cruise ship dock at the expense of the Industrial Center and other marine interests in Seward. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS SIEMINSIQ stated that if the Port Committee did not wish to meet, the Council should replace its members. WHITE noted that this last month, there were not enough members in town to provide a quorum for a meeting; however, the committee generally met as scheduled. SWARTZ commended the hospital administration and the hospital board for addressing the lack of obstetrical services in Seward. BENCARDINO asked the administration to contact Seward Ships Chandlery to find out the owner of the mud boat mentioned by Valdatta and to encourage him to return to Seward for repairs and to take on provisions. 18. ADJOURNMENT „ . meeting was adjourned at 8:11 p.m. ark Sf a" 114 nn y `' ° urphy MC/ E Dave W. Crane tyi Cl rk Mayor , rr 65 City of Seward, Alaska March 8, 1993 City Council Minutes Volume 29, Page 65 1. CALL TO ORDER The March 8,1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Councilmember Darling led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Michael Yanez, Assistant City Manager Thomas F. Klinkner, City Attorney Linda S. Murphy, City Clerk 4a. SPECIAL ITEMS Hugh Darling Bruce Sieminski Dale White A. Crane presented a proclamation to Tye Long designating March 7- 13,1993, as Girl Scout Week in Seward. 4b. APPROVAL OF MINUTES Krasnansky moved to approve the February 22,1993, regular meeting minutes as presented; the motion was seconded by Bencardino and carried by unanimous vote. 5. APPROVAL OF REGULAR MEETING AGENDA Krasnansky moved to approve the Regular Meeting Agenda as presented; the motion was seconded by White. The question was called, and the agenda was approved as presented without objection. 6. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the March 2nd assembly meeting. City of Seward, Alaska City Council Minutes March S, 1993 Volume 29, Page 66 7. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING STEVEN A. SCHAFER, 2501 Maple, requested a letter of support from the city for state funding of a hangar for the local;: Civil Air Patrol. He noted that support was forthcoming from the Alaska State Troopers and several other state and local agencies. DALE LINDSEY, 704 First Avenue, gave the Council an update on Alaska Railroad's anticipated weed control and eradication program. He noted that employee safety was a primary concern of the Railroad, and the proliferation of weeds in the Seward yard represented a danger to those directing traffic on and adjacent to the tracks. He stated that the Railroad would not and could not compromise when it came to safety issues. Lindsey assured the Council that, before any decision to spray chemicals in Seward was made, the Railroad would conduct a public meeting to address local concerns. GARY SAMPSON, 2405 Evergreen, representing local Corrections personnel, noted that the State House had submitted a corrections budget which would close Wildwood and result in the layoff of over 100 employees across the state. He noted that the most heavily impacted would be those working at Spring Creek Correctional Center because these employees, as a general rule, had less seniority than other employees within the state system and would, therefore, be the first to lose their jobs. Sampson asked the Council to inform the city's legislative delegation of the potential impact such a budget cut would have on Seward. Both Swartz and Bencardino stated that they favored keeping both Alaskan prisoners and corrections dollars in the state rather than sending them outside. S. APPROVAL OF CONSENT CALENDAR Krasnansky moved to approve the Consent Calendar as presented; the motion was seconded by White. Krasnansky asked to move Item I to New Business. Yanez asked to move Item F to Resolutions as Item No. 4. Sieminski asked to move Items A, C, E & G to the regular meeting agenda. The question was called, and the Consent Calendar was approved as amended by unanimous vote. The following actions were taken: A. January 1993 invoice from Perkins Coie for legal services totalling $13,425.03 was moved to the regular meeting agenda; B. February 20, 1993, invoice.from Wohiforth, Argetsinger, Johnson & Brecht for legal services totalling $1122.96 was approved for payment; M City of Seward, Alaska City Council Minutes March 8, 1993 Volume 29, Page 67 C. Legislative package update was noted for information; D. Application for permit for games of chance and skill as filed by SIFA was noted for information; E. Taxable sales report (4th quarter 1992) was noted for information; F. Resolution No. 93 -028, authorizing the purchase of a 1000 -KVA, 12.5 KV- 480/277 volt transformer, was moved to the regular meeting agenda; G. Resolution No. 93 -029, approving a license agreement between the city and Seward Fisheries, Inc., for use of the ,city dock, was moved to the regular meeting agenda; H. Change orders totalling $16,224 to the Norcon contract for transmission line ROW clearing (Phase I -B) were noted for information; I. Response to requests for vendor permits on public property denying all permits for doing business on public property zoned "Parks" or "Institutional" was moved to the regular meeting agenda; and J. Nash Road Small Boat Harbor Permit received from the Corps of Engineers was noted for information. 9. PUBLIC HEARINGS A. Small Boat Harbor Management Plan Notice of public hearing as posted and published as required by law was noted, and the public hearing as opened. NINA DALY, 235 Ballaine Blvd., read a letter from Tanya Sandefur dated January 15th asking the Council to preserve a portion of the Small Boat Harbor uplands for boat storage and repair. No one else appeared in order to be heard, and the public hearing was closed. B. FHWA Enhancement Fund Projects (ISTEA) Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. JIM WOERN, 413 Third Avenue, stated that he was representing the Downtown Merchants Association. He asked the Council to support the priorities as listed in Resolution No. 93 -027 (ISTEA Funding'). FLIP FOLDAGER, Bear Lake, stated that he objected to making new street lights the city's number one priority and added that continuation of the bike path was a more important safety issue and would benefit a greater segment of the community. City of Seward, Alaska March 8, 1993 City Council Minutes Volume 29, Page 68 No one else appeared in order to be heard, and the public hearing was closed. 10. PRESENTATIONS WITH PRIOR NOTICE ONLY 11. ORDINANCES AND RESOLUTIONS A. Ordinances for Introduction B. Ordinances for Public Hearing & Enactment 1. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 15.10.140 B., Specific Definitions, to incorporate language pertaining to building height inadvertently omitted from Ordinance No. 626 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to enact Ordinance No. 93 -05; the motion was seconded by White and carried by unanimous vote.. C. Resolutions 1. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving the Small Boat Harbor Management Plan. White moved to approve Resolution No. 93 -025; the motion was seconded by Sieminski. Swartz stated that she would like more time to go over this plan prior to adoption. Swartz moved to postpone action on the resolution until March 22,1993; the motion was seconded by Krasnansky. Darling stated that there had been S or 9 public hearings and the plan itself called for review on an annual basis. He stated that he would prefer to approve the plan at this meeting. 69 City of Seward, Alaska City Council Minutes March 8, 1993 Volume 29, Page 69 Swartz stated that she would feel more comfortable about approving the plan if the Council could discuss it further in a work session. The question was called, and the motion to postpone was approved with six YES votes and Darling voting NO. 2. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving a change order to the contract with Dryden and LaRue for transmission line design. Sieminski moved to approve Resolution No. 93 -026; the motion was seconded by White and carried by unanimous vote. 3. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, identifying enhancement projects and setting priorities for the six -year plan required by FHWA for the ISTEA Program. Sieminski moved to approve Res olution No. 93 -027: the motion was seconded by Swartz. Diener noted that the street lights had been designated the number one priority because it was the only project on the list which was ready to go to bid immediately when funding is made available. He stated that the bike path (Priority No. 2) would be ready to go to bid by the time monies were available during year two of the six-year plan. Sieminski moved to amend the resolution by adding the construction of restrooms and dump stations at the Chamber Office or the Boat Harbor as Priority No. 3, the construction of a Park dedicated to the city's founder as Priority No. 7, and changing the current Priority No. 3 to Priority No. 6; the motion was seconded by White and carried with Bencardino, Sieminski, Swartz and White voting YES and Crane, Darling and Krasnansky voting NO. The question was called on the main motion, and the resolution was approved as amended by unanimous vote. RECESS: The meeting was recessed at 3:45 p.m. and reconvened at 5:55 p.m. FALA City of Seward, Alaska City Council Minutes March 8, 1993 Volume 29, Page 70 4. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, authorizing the purchase of a 1000 -kva, 12.5 kv- 480/277 volt transformer. Krasnansky moved to approve Resolution No. 93 -028: the motion was seconded by Sieminski. Yanez stated that the electric utility had been working hard to extend a new electrical service to the sawmill and had contacted five Alaskan companies to request telephone bids for a transformer needed for the project. He noted that, initially, the city had considered purchasing a less expensive transformer which would have fit within the exceptions to the Code requirement for seeking formal bids. However, further investigation had proven that a higher priced model was needed, and the final bid price was $1800 over the $10,000 ceiling. Yanez stated that the department did not intentional- ly circumvent the competitive bidding process, and bidding at this time would unduly delay the project. The question was called, and the resolution was approved by unanimous vote. 5. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving a license agreement between the city and Seward Fisheries, Inc., for use of the city dock. Krasnansky moved to approve Resolution No. 93 -029, the motion was seconded by Swartz. Sieminski asked to be shown the area to be leased and asked for a breakdown of what Seward Fisheries spent on repairs last year. He also asked who had inspected the dock to ascertain that it was in good repair. White noted that this was a standard one -year agreement which came before Council each year. Singleton noted that the agreement covered the inside of the "U" on the lift dock and the T dock. He also noted that this use agreement relieved the city of the liability and responsibility for that section of the dock utilized by the fisheries for off loading of fish. Singleton stated that two years ago, SFl had taken over responsibility for cathodic protection of the dock. In response to Sieminskrs question regarding repairs, Singleton noted that SFI had completed work totalling $20,000 in December. 71 City of Seward, Alaska City Council Minutes March 8, 1993 Volume 29, Page 71 Sieminski objected to preferential use of the dock by Seward Fisheries on a year - round basis. In response to a question from White, Singleton stated that this agreement had nothing to do with boats in the water, and all boats tying up to the dock were charged a moorage fee. Bencardino asked if the dock had been inspected and if it was in good shape. Singleton replied that his office inspected the dock on a regular basis and the dock appeared to be in good shape. He noted, however, that the facility was aging and some of the decking was showing a gord deal of wear. Singleton added that SFl had been great to work with, and the only problem to date was congestion on the dock when the fishery was in full operation. The question was called, and the resolution was approved by unanimous vote. 12. UNFINISHED BUSINESS A. Request for renewal of liquor license as filed by Marinas Restaurant and Niko's Night Club White moved to issue a formal protest to the renewal of liquor licenses for Marina's Restaurant and Niko's Night Club until the owners' sales tax dispute with the Kenai Peninsula Borough has been resolved; the motion was seconded by Krasnansky and carried by unanimous vote. Krasnansky noted that the Council was bound by the Code to take this action when sales taxes were in dispute. 13. NEW BUSINESS A. WGN -TV Subscription Crane noted that this item was placed on the agenda for information only and would be scheduled for public hearing and action on March 22nd. Following discussion, public hearing was scheduled for the next regular meeting. B. Ad Hoc Small Boat Harbo Par king Committee Report Crane noted that the Council was asked to review and discuss the plan tonight and to schedule a public hearing and consider action on a resolution approving the plan on March 22nd. Krasnansky stated that this looked like a great place to start, and he commended the committee for their work. Darling concurred, adding that the only question of concern in his mind was the recommendation that existing businesses not be restricted from eliminating existing on -site parking spaces. White stated that a lot of work and time had been put into the report. He objected to placing a four hour limit on the proposed paid lot in the middle of the Boat Harbor and stated that this would almost guarantee that it would not be used. He also objected to eliminating 30 -day parking. NN City of Seward, Alaska March 8, 1993 City Council Minutes V olume 29, Page 72 Swartz stated that the designated paid parking area was intended to encourage turnover in parking in this lot. White stated that he understood, but in order to assure that this lot would be used, it made more sense to designate this a 6 or 3 hour lot. Crane stated that the plan was a good place to start, and the only way to see if it would work would be to give it a chance this summer. Public hearing was scheduled for March 22,1993. C. Vendor Permits Krasnansky stated that there had been three proposals from individuals requesting vendor permits to sell firewood and food in the park, and the administrations memorandum indicated that this was prohibited in the Park Zone. He stated that while he understood the Code restrictions, he felt that there was a need to provide these services. Yanez stated that the administration recommended that those wishing to sell to visitors in the park utilize private property on Ballaine Boulevard or vacant buildings in the downtown area for their operations. Krasnansky stated that he would like to look at amending the Code to allow vendors to sell their goods in the campground. White asked if this would prohibit an ice cream truck in a residential neighbor- hood. Murphy noted that vendoring was allowed by resolution of the Council on public property other than that zoned "Park" or "Institutional ". Bencardino stated that he did not object to mobile vendors, but would object to vendors setting up booths in the campground. Krasnansky stated that the proposals should come before Council for review, and he would have no objection to granting them if the vendors were licensed as businesses, collected city and borough sales taxes, and had proper insurance covering liability. Crane stated that he did not object to people creating businesses, but he did not want them located in the parks. He added that, instead of taking services to the park, the city should encourage visitors to get out into the community. White stated that he did not want vendors to build businesses in the park strip; however, he would not object to an ice cream truck. Krasnansky asked that resolutions approving the permits for vending on public thoroughfares with some restrictions including licensing, sales tax, insurance and hours of operation, be prepared for consideration by the Council at the next meeting. He also asked that the proposers be scheduled for presentations at that time, 73 City of Seward, Alaska City Council Minutes March 8, 1993 Volume 29, Page 73 Darling suggested that a work session to discuss policy options was in order. Crane instructed the administration to develop policy options and recommenda- tions for Council consideration at the next meeting. D. Perkins Coie Invoice for Legal Services Krasnansky moved to approve payment of the invoice totalling $13,425.03; the motion was seconded by White. Sieminski stated that he objected to some of the charges, especially the charges for preparation of a severance agreement and a letter of recommendation for Schaefermeyer. He noted that, although everyone agreed to have the severance agreement prepared, the Council did not "get a fair shake" from the attorney. Swartz agreed and stated that Arvidson should be required to give a better explanation of how he arrived at these numbers. Krasnansky moved to postpone the motion until March 22,1993; the motion was seconded by Swartz and carried by unanimous vote. E. Legislative Packet Update At Sieminskrs request, Mayor Crane briefly updated the Council on his recent trip to Juneau and the changes to the Legislative Priority List. F. Taxable Sales Report fFdurth Quarter, 1992) Yanez noted Gifford °s memorandum regarding taxable sales for the period October - December 1992 which showed an increase in taxable sales of 4.6 %v over the 4th quarter of 1991. 14. CITY MANAGER REPORTS YANEZ welcomed Tom Klinkner to his first meeting in his official capacity as city attorney. He also noted that there would be a meeting in Soldotna on March 9th beginning at 6:00 p.m. to establish a public review process for prioritizing ISTEA funding. 15. COUNCIL DISCUSSION DARLING stated that there was a real need to review parking requirements throughout the city. BENCARDINO stated that Mike Sims had offered to come to Seward during the first week in April to discuss incentive leasing. He asked the administration to contact Sims and schedule a work session at the next meeting. WHITE noted that the city had finally received the Nash Road Small Boat Harbor permit from the Corps of Engineers. m City of Seward, Alaska City Council Minutes March 8, 1993 Vo 29, Page 74 SIEMINSIQ noted that there were plenty of places in the Small Boat Harbor to put a boat or to park this time of year. He stated that a parking problem existed only during the summer season and only part of the time during that season. He objected to year -round solutions to a seasonal problem. SWARTZ thanked the parking committee members and those who participated in the process. She also stated that she sincerely hoped that whatever was done or decided regarding the development of a boat harbor at Nash Road be given a thorough review. KRASNANSKY stated that there was some community concern that the development of a large number of bed and breakfast establishments would create a hardship for residents of Seward. He added that, tonight, the Council very nearly denied a group of people their rights under the Code. He stated that they deserved and had a right to be heard. CRANE noted that the end of the month was the deadline for city manager applications, and with approximately 130 on file in the Clerk's Office, it was time to start weeding through them to cull out those that did not warrant review by the full Council. Crane appointed Bencardino, Krasnansky, Sieminski and White to serve on the Ad Hoc Committee to review city manager applications. The Committee was scheduled to meet each Friday at Noon until the application process closed. CRANE scheduled a work session to begin at Noon on April 9, 1993,, to discuss and formulate Council rules of procedure. CRANE asked if there was any objection to issuing a letter of support for the Civil Air Patrol's request for funding for a new hangar. There was no objection from the Council. In addition, there was no objection to a letter supporting the corrections budget request. CRANE scheduled a work session to begin at Noon on March 11, 1993, to discuss the Harbor Management Plan. 16. CITIZENS' DISCUSSION WALT SCZAWINSKI, 611 Monroe, asked about the results of the Pruitt arbitration. [Audience member D. J. Whitman noted that all sums owed by both parties had been paid in full.] PAT WILLIAMS, 604 Sixth Avenue, stated that she appreciated Dale Lindsey's earlier remarks regarding the spraying of chemicals in the local railroad yard. She stated that she was disturbed that the city was not notified about the hearing in Anchorage or the fact that there were plans to spray in Seward. She added that she was relieved that W City of Seward, Alaska City Council Minutes March 8, 1993 Volume 29, Page 75 there would be public hearings, but she wanted some assurance that the public would be informed by an expert about effects of the chemicals to be used on the environment. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS KRASNANSKY, responding to Sczawinski, stated that he had asked Interim City Manager Jones for a resolution regarding the Pruitt arbitration. CRANE noted that this issue (Pruitt Arbitration) was on going, but the bills had been paid. He noted that new information would be forthcoming soon. SWARTZ, replying to Pat Williams, stated that Williams had been a positive force in the community for many years, and she thanked her for bringing this matter to the city's attention. 18. ADJOURNMENT The meeting was adjourned at 10:45 p.m. 1. CALL TO ORDER City Council Minutes Volume 29, Page 75 The March 22, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. 3. ROLL CALL &A& W . ` Aoyw,__ Dave W. Crane Mayor There were present: 76 J City of Seward, Alaska City Council Minutes March 22, 1993: Volume 29, Page 76 Dave W. Crane, presiding, and: Louis A. Bencardino Bruce Sieminski Dale White comprising a quorum of the Council; and Tyler Jones, Interim City Manager Michael Yanez, Assistant City Manager Linda S. Murphy, City Clerk ABSENT was: Hugh Darling (excused) 4a. SPECIAL ITEMS James Krasnansky Karen A. Swartz A. ' Proclamations - Seward Teens of the Year Mayor Crane presented proclamations naming Jason Dean and ,Marrianne Hagel Seward Teens of the Year. B. Proclamation - Alcohol :Awareness Month - The Mayor presented a proclamation to SLAC Substance Abuse: Counselor Dean Shoffner designating April 1993 as Alcohol Awareness Month in Seward. C. Proclamation - Seward Volunteer Firemen - The Mayor presented a proclamation to Fire Chief John Gage honoring the Seward Volunteer Fire Department. 4b. APPROVAL OF MINUTES Krasnansky moved to approve the March 8, 1992, regular meeting minutes as presented; the motion was seconded by Bencardino and carried by unanimous vote. 5. APPROVAL OF REGULAR MEETING AGENDA Krasnansky moved to approve the Regular Meeting Agenda as presented; the motion was seconded by Swartz. Jones asked to pull Item 8D (Resolution No. 93 -035) from the Consent Calendar. he noted that the City Attorney had proposed amending the City Code to grant a blanket indemnity to all city employees, and this would be presented to the Council at the next meeting for introduction. Jones also noted that the Council had been provided revised resolutions (No. 93-036 and No. 93 -039) for consideration. The question was called, and the agenda was approved as amended by unanimous vote. 77 City of Seward, Alaska City Council Minutes March 22, 1993 Volume 29, Page 77 6. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the last assembly meeting. 7. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING GARY SAMPSON, representing the Spring Creek Correctional Center, stated that he had addressed the Council several weeks ago and had asked for Council support of funding for the state corrections budget and Wildwood Correctional Center. He stated that he had been under the impression that the Council would be forwarding its support to the legislature for this funding as was reported in the local newspaper. Sampson said that he was surprised to learn several days ago that the Council had decided not to send a letter of support for corrections funding. He noted that the correctional officers at SCCC who might have their jobs eliminated because of proposed funding cuts deserved an explanation from the City Council. Crane noted that the city's lobbyist had advised the city to refrain from any action regarding corrections funding at this time in recognition of the current political situation. He stated that the Council was supportive of Spring Creek Correctional Center; however, it was the Council's duty to do what was in the best interest of the entire community. City Manager Jones stated that City Lobbyist Dawson had indicated that cuts were not present in the Senate budget, and all indications were that the outcome for the Department of Corrections would be favorable. Sampson reminded Council that there were 40 correctional officers living in Seward who could lose their jobs due to corrections cuts, adding that they deserved the support of the Council. 8. APPROVAL OF CONSENT CALENDAR Krasnansky moved to approve the Consent Calendar as amended (to delete Item D); the motion was seconded by White and carried by unanimous vote. The following actions were taken: A. Resolution No. 93 -032, establishing street names, was approved; B. Resolution No. 93 -0 33. supporting passage of HB 116 (Natural Gas Royalty), was approved; C. Resolution No. 93 -034, approving a Memorandum of Understanding regarding Railbelt Intertie Projects, was approved; 7s City of Seward, Alaska City Council Minutes March 22, 1993 [volume 29, Page 7 8 D. Resolution No. 93 -035, approving an indemnification agreement with E. Paul Diener, was deleted from the agenda; E. Resolution No. 93-036 (revisedl, consenting to the sublease of a portion of Lot 2, Block 1, Marina Subdivision, (Lease No. RE -001) to Sandra and Herman Nelson and Jon Perry, was approved; F. Resolution No. 93 -037, authorizing the destruction of certain public records, was approved; G. Jamin, Ebell, Bolger & Gentry invoice for legal services totalling $5,371.33 was approved for payment; H. Legal Services Expenditures Report was noted for information; I. ABCB notifications of applications for liquor licenses as filed by TONY'S BAR, TONY'S LIQUOR STORE, PIONEER BAR, HARBOR DINNER CLUB, and PEKING RESTAURANT were noted, and the Clerk was instructed to issue letters of nonobjection to their renewal; J. Report of purchase orders totalling between $5,000 and $10,000 was noted for information; and K. Prison budget revisions to provide for funding of the minimum security housing project were approved. 9. PUBLIC BEARINGS A. Small Boat Harbor Management Plan Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. B. Small Boat Harbor Parking Committee Recommendations Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. C. WGN -TV Subscription Service Notice of public hearing as posted and published was noted, and the public hearing was opened. SUE KAANTA, 318 Sixth Avenue, stated that eliminating WGN would deny many residents of the community programming options. She urged the Council to consider those unable to afford cable TN before taking this step. 19 City of Seward, Alaska City Council Minutes March 22, 1993 Volume 29, Page 79 WAYNE CARPENTER, 325 Fifth Avenue, agreed with Kaanta. He stated that the expenditure of $5 -6,000 to provide a service to indigents was a small price to pay. He asked Council to reconsider this proposal. LOUISE ANDORF, 331 Fifth Avenue, stated that she could well afford cable TV, but did not wish to purchase it. She stated that WGN was also a service to the city's many tourists who tuned in from their campers along the beach. She asked if cable would be available at the camp sites. No one else appeared in order to be heard, and the public hearing was closed. 10. PRESENTATIONS WITH PRIOR NOTICE ONLY A. ]ean Polowski - Ice Cream Theater Polowski, president of Port City Players, asked the Council to support the Ice Cream Theater as a Fiscal Year 1994 program. She noted that this had been a very successful program in 1990 and 1991 but had not been available to children in 1992. Consequently, Port City Players and many other citizens had signed petitions asking Council to support this popular program. Polowski stated that this was a healthy summer activity for the children of the community. She stated that Port City Players would commit $3,000, the Teen Council had committed to raise $1,000, $3,000 would come from grant funds, and the City was asked to provide the remaining $3,000. 11. ORDINANCES AND RESOLUTIONS A. Ordinances for Introduction 1. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending the Zoning Code to reduce parking requirements in the Auto Commercial Zone. Sieminski moved to introduce and set for public hearing Ordinance No. 93 -06; the motion was seconded by Swartz. Krasnansky stated that there was probably a good reason to go forward with this project, but he objected to changing the Code every time someone came to the Council with a proposal or a recommendation. He suggested that the Council either change the Comprehensive Plan to reflect reality or create a Code that reflected the ideal. Sieminski asked to call a special meeting to introduce an ordinance to rezone this area to Central Business District. He stated that a special meeting this week would allow the ordinance to go back to the Planning Commission prior to the Council's next meeting. • City of Seward, Alaska City Council Minutes March 22, 1993 Volume 29, Page 80 He stated, that if the Council drug its feet, the project would be killed, and he would like to settle the issue once and for all. Bencardino stated that the only way to make this project work was to rezone the property. Otherwise, the project would have to be scaled down to such a degree that financing would be impossible. He stated that, if the city was interested in seeing this type of development in the downtown area, rezoning was the only option. Jones noted that the proposed rezone would also require a Land Use Plan change. In response to a question from Crane, Martin stated that the ordinance would be simple enough to prepare. White stated that this would upset a number of the homeowners in the area. Murphy noted that all properly owners within 300 feet would be notified by certified mail prior to the public hearing before the Planning Commission. The Clerk was instructed to advertise a special meeting for Thursday, March 25, 1993, beginning at 7:00 p.m. to consider introduction of an ordinance to amend the Land Use Plan and the zoning designation for the subject property. The question was called, and the Ordinance was introduced by unanimous vote. Public hearing was scheduled for April 12, 1993. B. Ordinances for Public Hearing & Enactment None C. Resolutions 1. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving the Small Boat Harbor Management Plan. Murphy noted that action on this resolution had been postponed from the last meeting, and a motion to approve was on the floor. The question was called, and Resolution No. 93 -025 was approved by unanimous vote. 2. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: 81 City of Seward, Alaska City Council Minutes March 22, 1993 Volume 29, Page 81 A Resolution of the City Council of the City of Seward, Alaska, approving the Small Boat Harbor Parking Commit- tee Recommendations. Swartz moved to approve Resolution No. 93 -030; the motion was seconded by Krasnansky. The question was called, and the resolution was approved by unanimous vote. 3. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, considering, during the FY 1994 budget process, a request for a grant to produce an Ice Cream Theater in Seward. Krasnansky moved to approve Reso lution No. 93 -031; the motion was seconded by Swartz. The question was called, and the resolution was approved by unanimous vote. 4. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, accepting funding from the State Department of Corrections for the minimum security housing project. Murphy noted that Resolution No. 93-038 should have been DELETED from the agenda. 5. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, authorizing the City Manager to approve a contract with Boslough, Inc., to construct minimum security housing at Spring Creek Correctional Center. White moved to approve Resolution No. 93 -039 (Revised the motion was seconded by Krasnansky. T'he question was called, and the resolution was approved by unanimous vote. 12. UNFINISHED BUSINESS City of Seward, Alaska City Council Minutes March 22, 1993 V 29, Page 82 A. Perkins Coie invoice for legal services (01/93) totalling $13,425.03 Murphy noted that this item had been postponed from the last meeting and there was a motion to approve payment of the invoice on the floor. Crane moved to amend the motion by agreeing to pay all of the invoice except the disputed portions totalling $3,027.50; the motion was seconded by Sieminski. Krasnansky noted that his concern last meeting was that, in the past, the city manager had reviewed and made corrections to attorney bills. Jones stated that he had not been present to review the bills and thought the Clerk's Office was malting the inquiries regarding the disputed charges. The question was called, and the amendment was approved by unanimous vote. The question was called, and the main motion was approved, as amended, by unanimous vote. B. Vendor permits for sales on public property White moved to refer this matter to the Planning Commission for review and recommendations; the motion was seconded by Sieminski. Krasnansky stated that he did not view this as a planning issue. He stated that it was clear that there was a provision under the Code for vendors to operate in areas not zoned Parks or Institutional. He added that those requesting vendor permits rightfully expected that their requests would be honored or at least considered by the Council. Krasnansky noted that the Council had agreed at the last meeting not to amend the Code to allow vendors in the Parks or Institutional Zone. He suggested a work session to review all of the issues and to decide how the Council wished to address this issue. Crane stated that this was a policy issue and should be considered by the Council in a work session rather than by the Planning Commission. The question was called, and the motion to refer the matter to the Planning Commission failed with all seven Councilmembers voting NO. The Clerk was instructed to schedule a work session for Thursday, April 1, 1993, beginning at 7:00 p.m. to discuss Vendor Permits. C. WGN -TV Subscription Service Sieminski moved to pay the subscription costs for the next year; the motion was seconded by Swartz. The question was called, and the motion was approved by unanimous vote. 13. NEW BUSINESS None Aij City of Seward, Alaska City Council Minutes Ma 22, 1993 Volume 29, Page 83 14. CITY MANAGER REPORTS JONES noted that he had met with Al Schafer and discussed the status of his Nash Road Small Boat Harbor proposal and had established a process for Schafer to update his proposal so that it was current and to spell out the city's intention for providing utilities, tidelands, etc. He stated that he hoped to have enough participation in a work session review to write a formal Memorandum of Understanding to bring back to the Council for consideration. JONES reported on plans for clearing the Forest Acres Park area. He stated that he and his staff had created a strategy for clearing and cleaning up this area, limiting screening trees to the minimum number required to provide a buffer and clearing undergrowth and excess trees. JONES noted that there would be a Port Development Work Shop from 9:00 a.m. until Noon on Tuesday. He stated that he had drawn volunteers from the Trade Board and the Port Committee to meet with Ogden Beeman. JONES noted that the city had advertised for letters of interest to design the B Street Dock. JONES also noted that the Trade Board had proposed a coalition of those interested in timber buy -outs. He stated that, as more land was protected from logging, the local mill could be severely impacted. Jones noted that there was a potential for real harm to the mill's future. JONES stated that the city had received notice from the IBEW that the U.S. Supreme Court had denied IRBY's motion for hearing, and the Ninth Circuit's position had been upheld. JONES noted that the Trade Board would be addressing incentive leasing at its April 7th meeting, and a report would be forthcoming to the Council. 15. COUNCIL DISCUSSION SIEMINSIG asked for a status report on the Alaska Pacific University scholarships which were promised to Seward students in exchange for the city's participation in its financing efforts. Yanez noted that this had been turned over to Seward High School. Sieminski asked fora letter to the school requesting a status report. WHITE noted a letter the Council had received from Henry Anderson regarding the Boat Harbor. He asked the administration to follow up. 0, City of Seward, Alaska City Council Minutes March 22, 1993 Volume 29, Page 84 KRASNANSKY noted that the City Manager Application Review Committee had examined 150 applications and had reduced that number to 36. He thanked the Clerk for rearranging the seating in Council Chambers. CRANE stated that he had received a call regarding IFQ's. He asked the Clerk to obtain information regarding this issue for Council review. Crane also noted that he had participated in the annual Mays Cup Sled Dog Race. He recommended that the Council sponsor a dog team next year. 16. CITIZENS' DISCUSSION DAVE DIECKGRAEFF, 236 Sixth Avenue, objected to plans to rezone property for development of a hotel on Ballaine Boulevard. CARL NORMAN, stated that the Council should look at what this development (the hotel) would do for the community as a whole and not its effect on a few individuals. NINA DALY, 235 Ballaine, stated that rezoning this lot on the Waterfront (for the hotel) would require utilizing the Greenbelt for commercial (parking) purposes. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS SIEMINSKI noted that the area he had asked to rezone would not affect any residential property. WHITE noted that one of the problems the city had experienced in the past was spot zoning. He stated that he would not favor changing the zoning in this area since this was not designated as Downtown Business District in the Land Use flan. KRASNANSKY noted that the whole purpose of the upcoming special meeting was to see if a change could be made. He added that both the Commission and the Council would be taking public comment before any action was taken. 18. ADJOURNMENT The meeting was adjourned at 9:28 p.m. L 's k a S. C/AAE Dave W. Crane ru WY1 1 iy Cl'a � � Mayor � � 4 S � OF . ' 33) City of Seward, Alaska City Council Minutes March 25, 1993 Volume 29, Page 85 1. CALL TO ORDER The March 25, 1993, special meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Walker led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Tyler Jones, Interim City Manager Michael Yanez, Assistant City Manager Linda S. Murphy, City Clerk ABSENT were: Hugh Darling (excused) Bruce Sieminski Dale White 4. APPROVAL OF SPECIAL MEETING AGENDA White moved to approve the Special Meeting Agenda as presented; the motion was seconded by Swartz. The question was called, and the agenda was approved as presented without objection. 5. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING CARL NORMAN, Bear Lake Road, noted that an alternate site for the proposed hotel and restaurant had become available on Monday, and he had no option but to consider relocating his project although he would prefer the Ballaine Boulevard site,. CLARE RODGERS, Lake Drive, noted letters in the Phoenix Log supporting Normans project. He said that he had taken an informal public opinion survey regarding the hotel and, out of some two dozen people queried, he had received only one negative comment. M % City of Seward, Alaska City Council Minutes March 25, 1993 Volume 29, Page 86 MICHAEL BRITTAIN, 231 Ballaine Boulevard, stated that he resided adjacent to the proposed project and noted that the proposed ordinance would not solve the parking problems created by a hotel and restaurant. NINA DALEY, 235 Ballaine Boulevard, stated that the proposed ordinance was not in the best interest of the community as a whole. She stated that the park was busy all summer and was special to a lot of local people. She said that fifty percent of the existing Central Business District was vacant, and there was no need to extend this district to Ballaine Boulevard. Daley contended that there was plenty of space for hotels and restaurants in the existing Central Business District. DAVID DIECKGRAEFF, 236 Sixth Avenue, stated that he was not opposed to development, but felt that the hotel should be located in another area. 6. SPECIAL ITEMS A. Copies having been made available to the public, Crane noted by title only an ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending the Seward Land Use Plan and zoning district for portions of Blocks 7 and 8, Original Townsite of Seward. Krasnansky moved to introduce proposed Ordinance No. 93 -07; the motion was seconded by Sieminski. KRASNANSKY stated that this ordinance gave the Council the option to rezone only a portion of the block, causing the minimum impact on the neighborhood. He noted that he, too, lived in a residential area (2nd Avenue) adjacent to a commercial zone, and he had not experienced the problems people were forecasting. He noted that while the Land Use Plan and the Comprehensive Plan represented the ideal for the community, the reality was that often the highest and best use for a particular piece of property might conflict with the Plan. Krasnansky added that he did not think the problems would be as bad as some seemed to think. He further noted that adequate parking could be accommodated on the site. BENCARDINO stated that, if this rezone were approved, the Council should give notice to the Planning Commission that the planned development should preserve the parking areas contained in its current plan. SIEMINSKI disagreed, stating that Norman should be required to follow the code, but should not be saddled with restrictions which would not apply to others. He added that, if parking was needed, the business would supply it. 1 City of Seward, Alaska City Council Minutes March 25, 19 93 Volume 29, Page 87 SWARTZ stated that the plan for the project was a beautiful one and was needed. She stated that she did not know how to make it work but . recommended that the ordinance should be moved forward to the next meeting for public input. WHITE stated that he had not seen any conceptual drawings of how the hotel would set on the lot. Responding to a question from White, Martin ; stated that, as designed, the project required 59 parking spaces, and the current design indicated 28 spaces on -site, and the Planning Commission had issued a Conditional Use Permit for some off -site parking. SIEMINSKI stated that no one would ever use the off -site parking at the Harbor Dinner Club. KRASNANSKY concurred with Sieminski. He also noted that building set backs were not required in the Central Business District, and a hotel should not be required to have set backs as required in the Auto Commercial Zone. Krasnansky noted that the developer had taken care of more than 2/3 of the parking problem through his own efforts, and he was confident that if business was so successful that the hotel needed additional parking, the owner would address that issue. CRANE stated that the whole waterfront area seemed to be in the Central Business District mode. He stated that this was the only way to make the project work, and it was consistent with other uses on the waterfront. Crane noted that any economic development in the downtown area would create a parking problem, and once the Sea Life Center was developed, the city would be forced to address zoning and parking issues in the entire downtown area. He stated that there was already a shortage of hotels and restaurants in the community and, as tourism increased, this need would grow. Crane stated that it was time to look to the future, and rather than stifling growth, the city should encourage development. He stated that he would like this administration to work with business and bring growth to the community, creating jobs and opportunities for the city's citizens. Crane noted that the only negatives he had heard were from the few who lived in the area who had testified at this meeting, and it was now necessary for the Council to weigh what was in the best interest of the community as a whole as opposed to the interests of the few. The question was called, and Ordinance No. 93 -07 was introduced by unanimous vote. Public hearing was scheduled before the Planning Commission on April 7, 1993, and before the City Council on April 12, 1993. 7. CITY MANAGER REPORTS None 8. COUNCIL DISCUSSION SIEMINSKI asked about the status of the boat ramp in the Small Boat Harbor. Jones replied that the ramp as designed was too long for the site once it was attached to .. •% The meeting was adjourned at 7:45 p.m. L��.0 Dave W. Crane Mayor City of Seward, Alaska City Council Minutes March 25, 1993 Volume 29, Page 88 the platform. He noted that the ramp was being reconstructed and the problem was being remedied by the contractor and designer. SIEMINSKI asked the City Manager to seek a new location for the city shop. 9. CITIZENS' DISCUSSION CLARE RODGERS, Lake Drive, stated that a hotel did not need one parking space per room since approximately one -half the rooms were filled by people coming into town on buses and the train. DOLLY RODGERS, Lake Drive, a former employee of the New Seward Hotel, stated that the city should work with the Normans to "get this project going '. DAVID DIECKGRAEFF, 233 Sixth Avenue, stated that a rezone would eliminate parking requirements and would create a bigger problem than already existed. 10. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS WHITE stated that this was a needed project, and he would like to see it constructed under the existing zoning designation. KRASNANSKY noted that the city had rezoned to allow for construction of the B Street Dock even though funds were not yet available. He stated that plans were not static in a dynamic economy. SWARTZ noted that nothing was cast in bronze and, with growth, changes were sometimes needed. 11. ADJOURNMENT 5 �� r City of Seward, Alaska City Council Minutes April 12, 1993 Volume 29, Page 89 1. CALL TO ORDER The April 12,1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council, and Tyler Jones, Interim City Manager Michael Yanez, Assistant City Manager Thomas F. Klinkner, City Attorney Linda S. Murphy, City Clerk 4a. PROCLAMATIONS Hugh Darling Bruce Sieminski Dale White A. Recognizing Eagle Scout Jason Gifford Mayor Crane presented a proclamation to Jason Gifford recognizing his accomplishments in achieving the rank of Eagle Scout. B. Library Week Crane presented a proclamation designating Library Week to City Librarian Catherine Nicolas. C. Child Abuse & Neglect Prevention Month Crane presented >a proclama. tion designating April as Child Abuse & Neglect Prevention Month to SLAC employee Rachel James. D. Mayor Crane noted that the USS Alaska Blue Crew had 'received the Battle Efficiency E award. 4b. APPROVAL OF MINUTES Krasnansky moved to approve the March 22 and 25, 1993, meeting minutes as presented; the motion was seconded by Swartz and carried by unanimous vote. . ON City of Seward, Alaska City Council Minutes April 12, 1993 Volume 29, Page 90 5. APPROVAL OF REGULAR MEETING AGENDA Krasnansky moved to approve the Regular Meeting Agenda as presented; the motion was seconded by Sieminski. Crane moved to meet in executive session immediately following the close of business to discuss the negotiation of the city manager's contract; the motion was seconded by Sieminski. Krasnansky objected, stating that the Council had an obligation to review the 25 short - listed applications first. The question was called, and the motion carried with five YES votes and Krasnansky and Swartz voting NO. Crane moved to amend the agenda by deleting New Business Item B (City Manager applications and selection process); the motion was seconded by Darling and failed with Crane voting YES and all other members of Council voting NO. The question was called, and the agenda was approved as amended by unanimous vote. 6. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the April 6, 1993, assembly meeting. 7. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING CHRISTY JOHNSON, 1809 Jesse Lee Rd., representing the Downtown Merchants Association, objected to allowing vendors to operate on public property. She stated that existing business owners paid property taxes and other overhead which vendors would not pay, allowing them to compete unfairly with those businesses which operated year - round. She suggested that allowing vendors would discourage others from opening businesses in Seward. IRIS DARLING, 209 Fourth Avenue, recommended that the city of Seward join other cities and deny vendor permits, on public property. She stated that the Council did not have an obligation to allow people to make a profit on city property. 8. APPROVAL OF CONSENT CALENDAR Krasnansky moved to approve the Consent Calendar as presented; the motion was seconded by Swartz. 9 City of Seward, Alaska City Council Minutes April 12, 1993 Volume 29, Page 91 Sieminski asked to pull Item B (Resolution No. 93 -041) and Item N (Sandefur request to negotiate a lease extension) and add them to the regular meeting agenda. Jones asked that Item A (Resolution No. 93 -040) be placed on the regular meeting agenda. Krasnansky asked to delete Item H (Resolution No. 93 -047 - Extension of the interim city manager's contract). Crane, Swartz and Sieminski objected. Krasnansky stated that this item could be rescheduled for 04/26 if needed. Crane moved to amend the consent calendar by moving Item H to the regular meeting agenda; the motion was seconded by White and carried with Krasnansky voting NO and all other member of the Council voting YES. The question was called, and the Consent Calendar was approved as amended by unanimous vote. The following actions were taken: A. Resolution No. 93 -040, approving a professional services agreement for transmission line inspection services, was moved to the regular meeting agenda; B. Resolution No. 93 -041, authorizing a contract to install an exhaust collection system in the City Shop, was approved; C. Resolution No. 93 -042, authorizing the execution of the Fisheries Business Tax Allocation and Disbursement Agreement, was approved; D. Resolution No. 93 -043, appropriating funds for the purchase of a gift to the City of Obihiro, Japan, to commemorate the 25th anniversary of the Sister City relationship, was approved; E. Resolution No. 93 -044, commending Governor Hickel for his leadership and commitment to providing lasting benefits to the state from fines paid as a result of the 1989 Exxon Valdez disaster, was approved; F. Resolution No. 93 -045, supporting SB 183, was approved; G. Resolution No. 93 -046, approving a short term lease with Seward Forest Products, was approved; H. Resolution No. 93 -047, approving a 30 -day extension to the contract with Tyler Jones to provide interim city manager services, was moved to the regular meeting agenda; 92 City of Seward, Alaska City Council Minutes April 12, 1993 Volume 29, Page 92 I. ABCB notification of a request for transfer of a liquor license as filed by THORN'S SHOWCASE LOUNGE, was noted and a letter of nonobjection was approved; J. Informational memorandum regarding APU scholarships was noted for information; K. Informational memorandum regarding downtown parking was noted for information; L. Request for Council concurrence with the Mt. Alice Trail was approved; M. Invoice for legal services totalling $5,372.27 through March 20,1993, as filed by Wohlforth, Argetsinger, Johnson & Brecht was approved for payment; and N. Request for authorization to proceed with lease negotiations with Tanya Sandefur was moved to the regular meeting agenda; 9. PUBLIC HEARINGS 10. PRESENTATIONS WITH PRIOR NOTICE ONLY A. Anne Castellina - Acquisition of native -owned lands in Kenai Fjords National Park Castellina requested Council support for the purchase of native corporation lands within the Kenai Fjords National Park by the Park Service from federal oil spill criminal funds. B. Donald A. Sutherland - Polar Bear Festival Sutherland thanked the Council for its financial support last year and noted that this support assisted in producing an insert for the Anchorage Daft News in January. He stated that the 1993 Polar Bear Festival was a major success, in large part due to the increased advertising. He requested a $5,000 grant from the city for 1994 promotional brochures and advertising. 11. ORDINANCES AND RESOLUTIONS A. Ordinances for Introduction 1. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled:, An Ordinance of the City Council of the City of Seward, Alaska, enacting Chapter 2.35 of the Seward City Code concerning the indemnification of city officials and employ- ees. 93 City of Seward, Alaska City Council Minutes Ap 12, 1993 Volume 29, Page 93 White moved to introduce and set for public hearing Ordinance No. 93 -11: the motion was seconded by Darling. In response to a question from Swartz, Jones stated that this ordinance merely clarified an obligation to employees which already existed. He stated that the city's exposure and/or costs would not increase or decrease as a result of this ordinance. Klinkner noted that his research indicated that several municipalities in Alaska had indemnification ordinances. He stated that one of the chief values of the ordinance was that council would no longer address particular requests on an ad hoc basis. In addition, this ordinance provided a series of detailed rules that served the city's interests better than any attempt to avoid indemnification altogether. Klinkner stated that the major cost in an indemnification proceeding was usually the cost of defending the employee, not payment of damages. He added that, with this ordinance, the city would be in a more advantageous position with regards to cost exposure and controlling the legal budget. Klinkner asked that public hearing on this ordinance be scheduled for May 10th to allow him to be present to answer any questions which might arise. The question was called, and the Ordinance was introduced with five YES votes and Krasnansky and Swartz voting NO. Public hearing was scheduled for May 10, 1993. 2. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending the Harbor Parking Code, Seward City Code, Title 11. Krasnansky moved to introduce and set for public hearing Ordinance No. 93 -12; the motion was seconded by Swartz. Jones noted that a local gentleman had approached the city to inquire about contracting paid parking, and although it was too late this season to consider his offer, his recommendations would be addressed at a later date. The question was called, and the Ordinance was introduced by unanimous vote. Public hearing was scheduled for April 26, 1993. B. Ordinances for Public Hearing & Enactment 1. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 15.10.215, Parking. City of Seward, Alaska City Council Minutes April 12, 1993 Vo 29, P ag e 94 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. NINA DALY, 235 Ballaine Boulevard, spoke in favor of the ordinance, stating that it eased unreasonable parking requirements and encouraged business development. She urged Council support of the ordinance. No one else appeared in order to be heard, and the public hearing was closed. Krasnansky moved to enact Ordinance No. 93 -06; the motion was seconded by White. The question was called, and the Ordinance was enacted by unanimous vote. 2. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending the Seward Land Use Plan and Zoning District for Portions of Blocks 7 and 8, Original Townsite of Seward. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. CARL NORMAN, Bear Lake Road, stated that this rezone would benefit the entire community. He stated that the corner proposed for the hotel was the heart of the project, and alternate sites did not "fit the bill." Norman noted that he was not asking for incentives from the city, he was promising a return to the city in increased sales tax and other taxes amounting to $80 -100 thousand per year. In addition, his establishment would employ 12 people year -round and up to 40 on a seasonal basis. Norman stated that he also hoped to attract winter business to Seward, and this would benefit the entire business community. He noted that there was adequate parking on and around the site. LARRY JOHNSON, 1809 Jesse Lee Road, spoke in favor of the rezone. He stated that he had been involved with the planning processes in Seward for nine years both as a former member of the Planning Commission and as a local businessman. He stated that relocating this project would be to the detriment of downtown. ARLENE WILEY, 550 Railway Avenue, stated that she supported development of the Ballaine property as proposed by the Normans. She stated that she would much prefer to have a locally owned business there than one from out of town. MARILEE CHAMPION, 513 Monroe, stated that she favored rezone. She noted that tourism was vital to the community. 95 City of Seward, Alaska City Council Minutes April 12, 1993 Volume 29, Page 95 DAVE DIECKGRAEFF, 236 Sixth Avenue, stated that he was excited about the project, but did not want to see the rezone go forward. He objected to eliminating all parking requirements. WALTER CHRISTOLEAR, 335 First Avenue, presented a petition containing 149 signatures of those wanting the property to be rezoned. He added his support for the rezone. MARK KANSTEINER, 235 Ballaine, stated that he supported sensible develop- ment of Seward. He noted that more restaurants and hotels were needed; however, the proposed change in zoning would eliminate all parking requirements. He stated that parking was a truly critical issue at the site. He also noted that the Planning Commission had voted unanimously against rezoning the property. NINA DALY, 235 Ballaine, stated that the Planning Commission had made a very strong statement against this proposed ordinance. She noted that the Central Business District zone allowed zero lot line development without providing a single parking space. She questioned why the city should be burdened with providing business customer parking. She also stated that a development such as the one proposed would be incompatible with the neighboring properties. JIM MCCRACKEN, Lowell Point, stated that the ordinance did not mention the Normans, only the Sea Life Center. He stated that the Central Business District needed to be enlarged to make the Alaska Sea Life Center work. He stated that the Sea Life Center development was on the fast track in Juneau, and it was important that the city show Juneau that the community was ready to move forward. He urged the Council to enact the ordinance. CHRIS HARRIS, Salmon Creek Road, stated that she wanted a full time job and wanted to see passage of the ordinance. VICKI LOOMIS, Mile 7, Seward Highway, stated that she worked at the Harbor Dinner Club last summer. She stated that, although the restaurant was located directly across the street from an existing hotel which had no parking requirements, she had never had to park more than six parking spaces away from the restaurant. She stated that hotels did not need the amount of parking everyone seemed to think. DEANNE MOORE, 903 Fourth Avenue, stated that growth was positive. She urged enactment of the ordinance. No one else appeared in order to be heard, and the public hearing was closed. Krasnansky moved to enact Ordinance No. 93 -07; the motion was seconded by Swartz. M City of Seward, Alaska City Council Minutes April 12, 1993 Volume 29, Page 96 Swartz stated that she favored giving opportunities to people living in the community. She stated that this project would be an asset to downtown Seward. Sieminski noted that he favored the rezone. Darling stated that the ordinance said one thing, but all of the testimony pointed towards this one project. He stated that everyone should be treated fairly and should abide by the ordinances and codes that were currently in place. He agreed that this was a beautiful project; however, he opposed expanding the Central Business District. He noted that the Downtown merchants had already identified a summer parking problem in the downtown area, and this should be addressed before expanding the CBD. Sieminski stated that he did not see a parking problem. He also stated that the city would never get anything done if regulations could not be changed. He suggested that the regulations were a guide. He also objected to characterizing this as a spot zone, noting that, before the earthquake, this was an industrial area. Crane noted that this was a tough issue, and he had attempted to look at all aspects of the project. He stated that everyone he had talked to felt that this project was a good idea. He stated that the Alaska Sea Life Center would be constructed, and this entire area would be impacted by that development. Crane stated that the Alaska Sea Life Center was an urban renewal project for the community and everyone realized that it would create major parking problems that would have to be addressed by the city. He added that he would favor rezoning this property no matter what business was going to be located there. He added that the Land Use Plan was a guide for the city and was meant to be amended as the city's needs changed. He stated that the issue was not this project but whether the property should be rezoned. White asked about, the Planning Commission vote on Wednesday night. Murphy noted that all five commissioners present at the meeting voted against the resolution recommending the rezone. White noted that, with the passage of Ordinance No. 93-06, the project would be only a few parking spots shy. He stated that he could not support the rezone. Krasnansky noted that the Planning Commission was charged with making recommendations, but it was the Council's responsibility to set policy. He stated that the Council was not bound by any Board's, recommendation and noted that it took as much fortitude to disregard the advice of the commission as to follow it. He stated that he concurred with Sieminski and Crane. He added that he could not foresee the kind of parking problem people were talking about and stated that parking problems were the best kinds of problems to have. He stated that plans were designed to change as conditions dictated. White noted that, by changing the zoning from Auto Commercial to Central Business District, the city was drastically changing the set,of,guidelines for development 97 City of Seward, Alaska City Council Minutes April 12, 1993 Volume 29, Page 97 of this property. He stated that he supported the business, but would like to see it done with parking thought out on the front end. Sieminski noted that harbor businesses should be thankful for their parking problem. He also noted that most of those coming to Seward from out of state or from Anchorage did not perceive a problem because they were used to walking four or five blocks. Swartz stated that she had received two calls against the rezone and more than twenty calls from those who supported it. The question was called, and the Ordinance was enacted with five YES votes and Darling and White voting NO. RECESS The meeting recessed at 9:35 p.m. and reconvened at 9:45 p.m. C. Resolutions 1. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, authorizing a contract to install an exhaust collection system in the City Shop. Sieminski moved to approve Resolution No. 93 -041; the motion was seconded by Bencardino. In response to a question from Sieminski, Diener stated that funds were available within the public works budget to complete this contract. The question was called, and the resolution was approved by unanimous vote. 2. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving a professional services agreement for transmission line inspection services. Swartz moved to approve Resolution No. 93 -040; the motion was seconded by Bencardino. White moved to amend the resolution by increasing the not to exceed contract cost to $64,336; the motion was seconded by Krasnansky. w City of Seward, Alaska April 12, 1993 City Council Minutes Volume 29, Page 98 Jones noted that the additional $1,000 would cover airfare and travel back and forth to Anchorage for the contractor. The question was called, and the resolution was approved by unanimous vote. [Prior to the vote, Crane stipulated that a vote on the amendment would carry the main motion.] 3. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving a 30 -day extension to the contract with Tyler Jones to provide interim city manager services. Sieminski moved to approve Resolution No. 93 -047; the motion was seconded by White. Crane stated that, in all fairness to Jones, the Council should not wait until the last meeting of the month to let him know if the contract was to be extended. Krasnansky noted that the Council could' hold a special meeting tomorrow if necessary and added that he wished to talk to Jones in private before voting on this resolution. The question was called, and the resolution was approved with six YES votes and Krasnansky voting NO. 12. UNFINISHED BUSINESS A. Disputed charges for legal services performed by Perkins Coie Sieminski moved to pay the disputed charges in full; the motion was seconded by Bencardino. Krasnansky noted that Arvidson had provided several pages of detail regarding the charges and it was now up to the Council to decide if the explanation was satisfactory. Sieminski stated that he was still not convinced that the charges were fair and he objected to much of the letter from Arvidson. He asked if those named in the narrative felt this was a true accounting of the time spent. Crane stated that he, too, objected to portions of the letter. He noted that he and Schaefermeyer had never tried to work out an agreement as suggested by Arvidson, but had given this to Arvidson to do at the start. In addition, Arvidson was the one who recommended that he ( Arvidson) write the letter of recommendation. Crane agreed that the city owed something for the work. 99 City of Seward, Alaska City Council Minutes April 12, 1993 Volume 29, Page 99 Jones encouraged the council to approach the matter with some forbearance. He noted that the letter reflected the manner in which business was done with Perkins Coie and the circumstances surrounding the difficult departure of the city manager. He stated that the city had now modified the way in which staff communicated with the attorney. He stated that he was reluctant to be critical of past practices, not having been a party to this relationship. He further noted that Yanez had indicated his willingness to discuss Item G in Arvidsori s letter. Yanez stated that during the period in question, he had received a telephone call from Arvidson and had discussed the situation for 15 to 20 minutes. He stated that Arvidson was attempting to gain a perspective of personal feelings among staff and department heads and the two of them decided that it was important to attempt to stabilize attitudes among staff. Swartz noted that this was an exceptional time. She added that she had called Arvidson on one occasion to make sure that he was going to be in town early enough to discuss some issues with her prior to the meeting. Bencardino stated that he did not see what all of this had to do with writing the severance agreement. He questioned why Arvidson was talking to department heads about this issue. He stated that this matter had nothing to do with Yanez or any other employee of the city. Swartz noted that the Council had asked Crane to do this and the whole Council was responsible for having the letter written. Bencardino agreed. Sieminski objected to paying 100% of the charges and suggested paying two- thirds of the bill. Crane asked if Klinkner had any recommendations or thoughts. Klinkner noted that he had come late to the situation and had no basis for evaluating the accuracy of the time Arvidson had devoted to this matter. He stated that it was the Council's prerogative to take this up with Arvidson if the Council felt the charges were unfair. He noted, however, that this was a relatively small amount of money, and it might not be worth the city's while to continue with the dispute. White noted that the invoice and Arvidson's letter explained why the city now had a different attorney. He stated that the city should pay the bill and forget it. The question was called, and the motion tamed with five YES votes and Bencardino and Sieminski voting NO. B. Vendor Permits Krasnansky moved to instruct the administration to develop guidelines to permit vendors within the city limits in zones not otherwise restrictive; the motion was seconded by Swartz. IM 11 City of Seward, Alaska City Council Minutes April 12, 1993 Volume 29, Page 100 Krasnansky noted that code allowed for vendor permits, but there were no guidelines for establishing such permits. Jones noted that the memorandum had been placed before the Council to vote up or down on whether vendors were to be permitted on public property. The question was called, and the motion failed with Krasnansky, Swartz and White voting YES and Bencardino, Crane, Darling and Sieminski voting NO. 13. NEW BUSINESS A. City Shop Relocation Jones noted that a map of the city was being circulated among city departments, and the administration was looking at alternative sites for the city shop. In addition, the staff was working on a plan to make the current location less of a visual problem. B. Ci , Manager applications and selection schedule Krasnansky noted that the city manager resumes had been reduced from 150 to 26. He stated that there were some outstanding applications included in the 26 and it was now up to the Council to decide how soon it wished to act to reduce the 26 to a more workable number. White suggested that every Councilmember select his top five applicants and that the five receiving the most votes be interviewed. Crane called a work session to short list the city manager applications to be conducted on Friday, April 23, 1993, beginning at 7:00 p.m. in the Council Chambers., C. Request by Ron Mager to lease cib, tidelands between B and D Float Ramps for development of a boardwalk office/shopping complex White moved to authorize the administration to proceed with negotiations with Ron Mager to lease city tidelands between B and D Float Ramps for development of.a boardwalk office/shop- ping complex; the motion was seconded by Sieminski., The question was called, and the motion failed with all present voting NO. D. Request by Brad Snowden to lease city tidelands between B and D Float Ramps for development of a boardwalk office /shopping complex White moved to authorize the administration. to proceed with negotiations with Brad Snowden to lease city tidelands between ; B and D Float Ramps for development of a boardwalk office /shopping complex; ;the motion was seconded by Bencardino and failed with all present voting NO. E. Request by Ton Perry to lease city tidelands on either side of D Float Ramp or central parking lot area for development of a fresh fish outlet Darling moved to authorize the administration to proceed with negotiations with Jon Perry to lease city tidelands on either side. of the D Float Ramp or central parking lot area for develop- 101 City of Seward, Alaska City Council Minutes April 12, 1993 Volume 29, Page 101 tidelands on either side of the D Float Ramp or central parking lot area for develop- ment of a fresh fish outlet; the motion was seconded by Bencardino and failed with all present voting NO. F. Request by Bea Bibby to lease cityuplands fronting Fourth Avenue and south of the Boat Launch Ramp for development of a laundromat/shower facility_ White moved to authorize the administration to proceed with negotiations with Bea Bibby to lease city uplands fronting Fourth Avenue south of the Boat Launch Ramp for development of a laundromat/shower facility; the motion was seconded by Bencardino and failed with all present voting NO. G. Tanya Sandefur request to extend her Small Boat Harbor lease Sieminski moved to authorize the administration to proceed with negotiations with Tanya Sandefur to extend her short term lease of uplands located in the Small Boat Harbor to a long term lease; the motion was seconded by Bencardino. Sieminski objected to obligating to a longer lease at this time; Swartz concurred. Crane asked how this proposal fit in with the Small Boat Harbor Management Plan. Community Planning Director Martin stated that the Small Boat Harbor Management Plan addressed retaining an area for working on boats, and this proposal was in compliance with the Plan. In response to a question from White, Martin noted that the current lease term was five years with two 5 -year extensions provided there was no higher or better use for the site and provided that the was used for boat storage only. He noted that, at this time, Sandefur would like to construct a building on the site to house her boat service office and to house supplies and repair stations which met DEC/EPA standards. He noted that she would be unable to qualify for a loan without a longer term lease. Jones noted that the site was a key spot and there was a potential for change in the near future. He stated that he would like to have some time to examine Sandefur's proposal and to see what the Railroad planned for the future. Krasnansky moved to postpone action on this agenda item until April 26,1993; the motion was seconded by Bencardino and carried by unanimous vote. 14. CITY MANAGER REPORTS JONES noted that a town meeting would be conducted on Wednesday, April 14th from 6:00 until 8:00 p.m. at the IMS Rae Building. He encouraged everyone interested in the SAAMS project (Alaska Sea Life Center) to attend. 102 City of Seward, Alaska City Council Minutes April 12, 1993 Volume 29, Page 1 JONES noted that the Department of Transportation' and Public Facilities would have a representative in Seward on April 26th to discuss the Seward Highway Reconstruction project. JONES noted that he had received from Inlet Salmon a proposal to lease property at SMIC and he hoped to have this on the agenda for the next meeting. He noted that he was working with Seward Forest Products and a contractor concerning a proposal for a cargo and log dock at the sawmill facility. JONES stated that the city had received five engineering proposals for the B Street Dock design. JONES also reported that the Parks and Recreation Master Plan was available in the Clerk's Office. 15. COUNCIL DISCUSSION KRASNANSKY stated that the Council did not do the right thing with the vendor permits and the vote taken earlier would not make the problems go away. He also noted the Mayor's letter to Michael Carey and complimented him on his response to the Dail News editorial Crane noted that Murphy had composed the letter. 16. CITIZENS' DISCUSSION CARL NORMAN, Bear Lake Road, thanked the Council for the vote of confidence in his project. He assured the Council that he did not intend to turn the project into a wall to wall project but would stick with his original plans. MARK KANSTEINER, 235 Ballaine Boulevard, extended his best wishes to Norman and wished him good luck. He added that he hoped the Council would rezone his property when he asked. NINA DALY, 235 Ballaine Boulevard, stated that pretty soon there would be nowhere to work on boats in the Small Boat Harbor. She asked about the status of the Nash Road Small Boat Harbor project. She also asked about the status of the manage- ment agreement between the city and the state for operation of the Small Boat Harbor which expired on April 1, 1993. JIM PRUITT, Maple Street, stated that the city was confused about the perceived lack of storage space in the Small Boat Harbor. He noted that the city owned a travel lift which was capable of lifting and transporting vessels to the uplands. He stated that storage and repair activities were not needed directly on the waterfront. He suggested that these activities utilize privately owned uplands rather than the limited public lands available, 103 City of Seward, Alaska City Council Minutes April 12, 1993 Volume 29, Page 103 RANDY MCFARLAND, 232 Fifth Avenue, stated that there had been a great deal of discussion about whether or not there was a parking problem. He suggested that the city commission an aerial photo of Seward on the Fourth of July or another busy time. WALT SCZAWINSKI, 611 Monroe, asked for an update on the grain storage facilities. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS JONES, responding to Daly s questions, stated that the harbor management agreement with the state was currently on a month -to -month extension, and the city was negotiating with the state at this time. He stated that he was working with Schafer and planned to bring a Memorandum of Understanding regarding the Nash Road harbor project to council for action at a later date. In response to Szcawinski, Jones noted that a letter of credit from the purchaser had been validated and was payable September 1st. He stated that the purchaser had until June 1, 1993, to provide a bill of sale and appropriate documents. He added that the city would deduct its expenses and split the balance of the proceeds with Kobuk. SWARTZ thanked. Norman for his assurances that his business would be run in an orderly fashion. 18. ADJOURNMENT The meeting was adjourned at 11:15 p.m, and after a short recess, the Council reconvened in an executive session to discuss negotiation of the city manager's contract. Dave W. Crane Mayor 104 City of Seward, Alaska City Council Minutes April 26, 1993 Volume 29, Page 104 1. CALL TO ORDER The April 26,1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Councilmember Krasnansky led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Hugh Darling Bruce Sieminski Dale White Tyler Jones, Interim City Manager Linda S. Murphy, City Clerk 4a. PROCLAMATION A. Mayor Crane read a proclamation designating May 1993 as Mental Health Month. 4. APPROVAL OF MINUTES [Not Available] 5. APPROVAL OF REGULAR MEETING AGENDA Krasnansky moved to approve the Regular Meeting Agenda as presented; the motion was seconded by Swartz. Crane added Department of Transportation representative John Waisanman to "Presentations" and requested the addition of Resolution No. 93 -053 as Item 5 under "Resolutions." Jones asked to delete Ordinance No. 93 -09 in order to allow for additional consideration by the Planning Commission. The question was called, and the agenda was approved as amended by unanimous vote. 105 City of Seward, Alaska City Council Minutes April 26, 1993 Volume 29, Page 105 6. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly was not present, and no report was given. 7. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING JOHN FLOOD, 1701 Phoenix, read a letter from a charter boat owner in Seward (John Sheedy, Mariah Charters) regarding the highest and best use of land in the Small Boat Harbor. He objected to construction of a hotel in the harbor and stated that more space was needed for parking and boat repair near the water. 8. APPROVAL OF CONSENT CALENDAR Krasnansky moved to approve the Consent Calendar as presented; the motion was seconded by Bencardino. The question was called, and the Consent Calendar was approved as presented by unanimous vote. The following actions were taken: A. Resolution No. 93 -048, authorizing the issuance of a blanket vendor permit to the Chamber of Commerce for the period July 2-4,1993, was approved; B. Library Survey Report was noted for information; C. Application for games of chance & skill permit as filed by the Alaska Multiple Sclerosis Society was noted for information 9. PUBLIC HEARINGS A. Parks Master Plan Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. B. Hearing on necessity of the proposed special improvement district called the Dairy Hill Sewer Assessment District Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. PAT O'BRIEN, 209 Ravina, stated that when this project was addressed earlier, the city had said that it would be absorbing about 50% of the cost. He stated that some of the residents of the area felt that they were inside the city limits, paid taxes just like everyone else, and were, therefore, entitled to the same utilities everyone else received. O'Brien contended that the city should provide the utility extension without assessing the affected property owners. He noted that, years ago, bonds were issued and the taxpayers paid for construction of city utilities. He stated that the public sewer system 106 City of Seward, Alaska City Council Minutes April 26, 1993 Volume 29, Page 106 was a basic right of the citizens of the community. He asked to be put on record as opposed to the project if the affected property owners had to bear the full cost. HERMAN LEIRER, 101 Dairy Lane, stated that he was included in the district; however, Lots 10 and 11 of his property could not possibly benefit from the improve- ment. He added that several lots owned by his children could not benefit from the planned improvement. He asked to be deleted from the assessment district. BOB LINDVILLE, 203 Second Avenue, stated that he had discussed this issue with Herman Leirer and most of the Councilmembers, and most of those he had contacted agreed that this was a very expensive extension for the number of users who would benefit. He noted that, in some cases, the cost of the sewer improvement would be more than the value of the affected property. Lindville stated that the one problem system in the subdivision could be hooked into the existing system easily. He stated that he had received a quote of $18,000 from the local plumbing contractor for installation of the sewer line to his property, yet his assessment under the city's plan would be $28,800. He added that an assessment of this size would preclude his plans to construct a house on his property, and he asked to be removed from the improvement district. HAROLD FAUST, 1405 Vista, stated that he agreed with Lindville and Leirer. He stated that this was a complicated area for installation of the system, and this increased the cost for everyone. He stated that Lindville's suggestion that the city allow private property owners to their own install sewer lines should be considered. SHELLY KNOPIK,1411 Government Road, stated that she agreed with what had been said thus far. She stated that the taxes that the property owners had paid in the past should have some bearing on the Council's decision. She asked the Council to consider assessing the city for a portion of the cost of the improvements. Knopik read from the June 23, 1992, ballot proposition summary, which stated that the benefitted property owners would be charged for a portion of the cost of the improvements. RON HENDERLONG, 103 Dairy Hill, stated that the question was not whether this was a needed improvement. He asked who would assume the additional costs if some of those currently on the assessment roll were removed from the list. KEITH BAILEY, 2405 Birch, stated that this line did not benefit his property. He agreed with other affected property owners who had, claimed that the cost of the improvement was too high. HERMAN ,LEIRER,, stated that Sharon Anderson would be writing to voice her opposition to the improvements,as planned. CRANE noted that he had received three letters favoring the improvements and ten letters in opposition, 107 City of Seward, Alaska City Council Minutes April 26, 1993 Volume 29, Page 107 No one else appeared in order to be heard, and the public hearing was closed. 10. PRESENTATIONS WITH PRIOR NOTICE ONLY A. Patrick Brown - ment programs for Seward Brown reported on a recent meeting of the Alaskan Regional Development Organization (ARDOR). B. D.- 1. Hawkins, Resident Director for the Alaska Christian Ministry to Seafarers - Plans for Seward Seamen's Center Hawkins reported on his ministry's plans to open a seamen's center in Seward. C. John Waisanman, Alaska Department of Transportation and Public Facilities - Seward Highway Project status report Waisanman reported on the proposed road closure schedule for Seward Highway construction during the months of May and June. 11. ORDINANCES AND RESOLUTIONS A. Ordinances for Introduction 1. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 15.10.230, special setbacks. Krasnansky moved to introduce and set for public hearing Ordinance No. 93 -08: the motion was seconded by Swartz. The question was called, and the Ordinance was introduced by unanimous vote.. Public hearing was scheduled for May 10, 1993. 2. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 15.10.140, definitions. Crane noted that the ordinance had been deleted from the agenda at the request of the administration. 3. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: City of Seward, Alaska City Council Minutes April 26, 1993 Volume 29, Page 108 An Ordinance of the City Council of the City of Seward, Alaska, revising the Council agenda format. White moved to introduce and set for public hearing Ordinance No. 93 -13; the motion was seconded by Krasnansky, The question was called, ; and the Ordinance was introduced by unanimous vote Public hearing was scheduled for May 10, 1993. 4. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 2.10.065, rules of debate. Swartz moved to introduce and set for public hearing Ordinance No. 93 -14; the motion was seconded by White. The question was called, and the Ordinance was introduced by unanimous vote. Public hearing was scheduled for May 10, 1993. 5. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 2.10.070, addressing the Council by the public. Krasnansky moved to introduce and set for public hearing Ordinance No. 93 -15; the motion was seconded by White. Krasnansky noted that this ordinance was not intended to stifle public comment, but to avoid free - for -alls and to make the meetings more efficient without, compromising the people's opportunity for dissent., The question was called, and the Ordinance was introduced by unanimous vote. Public hearing was scheduled for -May 10, 1993. 6. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 2.01.020, conflict of interest, to provide. that applicants for appointive positions must file a conflict of interest statement with the application for the position. 109 City of Seward, Alaska City Council Minutes April 26, 1993 Volume 29, Page 109 Swartz moved to introduce and set for public hearing Ordinance No. 93 -16; the motion was seconded by White. The question was called, and the Ordinance was introduced by unanimous vote. Public hearing was scheduled for May 10, 1993. 7. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 2.30.110, prohibiting family members of hospital employees from serving on the hospital board. Sieminski moved to introduce and set for public hearing Ordinance No. 93 -17; the motion was seconded by Darling. The question was called, and the Ordinance was introduced by unanimous vote. Public hearing was scheduled for May 10, 1993. B. Ordinances for Public Hearing & Enactment Copies having been made available to the public, Crane noted by title only a prop ,.,2d ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending the Harbor Parking Code, Seward City Code, Title 11. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BOB LINDVILLE, 203 Second Avenue, stated that he frequently needed to leave his truck for more than three days when he fished. He stated that the city had an obligation to provide for long term parking in the harbor. STEVE RYAN, Snowline Drive, Anchorage, past commodore of the Seward Yacht Club, stated that many of the Yacht Club's members participated in cruises lasting more than three days. He stated that the Yacht Club provided limited parking for its members, but other members of the boating community had a need for such parking. No one else appeared in order to be heard, and the public hearing was closed. Swartz moved to enact Ordinance No. 93 -12; the motion was seconded by White. White stated that extended parking had been a problem for quite a while, and the Small Boat Harbor Master Plan had designated an area near X Float for this purpose. Swartz noted that earlier in the year there were a considerable number of public meetings 110 City of Seward, Alaska City Council Minutes April 26, 1993 Volume 2 Page 110 regarding this plan, and the city was attempting to develop off- harbor private parking for long term users. Krasnansky urged everyone with an interest to obtain a copy of the Small Boat Harbor Parking Plan from the Clerk's Office. He stated that, this ordinance was a means of implementing the plan which was earlier adopted by the Council. White noted that this year was an experiment, and the plan would be addressed again this winter. The question was called,., and the Ordinance was enacted by unanimous vote. RECESS: The meeting was recessed at 8:45 p.m. and reconvened at 8:55 p.m. C. Resolutions 1. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving a change order to the Dames & Moore contract for remedial soil work at the generator station. Krasnansky moved to approve Resolution No. 93 -049; the motion was seconded by Swartz. In response to a question from Krasnansky, Diener noted that this project was a continuation of the work which was being done in the substation to clean up a spill which had occurred there. He stated that Dames and Moore had assessed the problem and had developed a plan to remediate the soil using bioremediation. He.stated that this was by far the least expensive way to attack the problem and Dames and Moore was the best qualified contractor to perform it. Diener added, that the contractor would be responsible if anything went wrong. The question was called, and the resolution was approved by unanimous vote. 2. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving the Parks Master Plan. Krasnansky moved to approve Resolution No. 93 -050; the motion was seconded by White. III City of Seward, Alaska City Council Minutes April 26, 1993 Volume 29, Page 111 Parks & Recreation Department Director Karin Sturdy gave a brief presentation and overview of the plan. Sieminski stated that this plan appeared to be something the community planning director should have put together. He also objected to the plan to rezone the area behind the Harbor Lights Condominiums as 'Parks." Jones stated that the administration had discussed the implications of this plan and its relationship to other master plans. He stated that the Council's control came at budget time and added that the master plan merely provided general direction for the department. Bencardino stated that he was concerned that, if this were approved, the Council might be precluded from acting contrary to the plan a year from now. He agreed with Sieminski that the land behind the Harbor Lights Condominiums should not be rezoned. Crane stated that he had no particular problem with the plan and added that any expenditures would require approval through the budget process. He also noted that the plan could be amended at any time by the Council. Jones stated that the plan had not been reviewed by any of the city's boards or commissions or by other departments. He stated that the resolution approving the plan was not intended to grant approval for any of the projects listed within the plan, but was merely being presented to inform the Council of the wishes and desires of the department. Sieminski moved to postpone action on the resolution until May 10, 1993; the motion was seconded by Bencardino. Swartz asked if postponing action on the resolution would prevent the Parks and Recreation Department from proceeding with planned summer projects and was told that this would not have an adverse impact on its immediate summer plans. Sturdy noted that the sandy beach area behind the condos was an area which the department had identified to be maintained as a day use area. She stated that this would not require rezoning the property. She likened the Parks Master Plan to the city's Comprehensive Plan and stated that this plan would be modified as the need arose. The question was called, and the motion to postpone was approved with Bencardino, Darling, Sieminski and White voting YES and Crane, Krasnansky and Swartz voting NO. 3. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: 112 City of Seward, Alaska City Council Minutes April 26, 1993 Volume 29, Pa 112 A Resolution of the City Council ;of the City of Seward, Alaska, determining to proceed with the Special Improve- ment District called the Dairy Hill Sewer Assessment District. Krasnansky moved to approve Resolution No. 93 -051; the motion was seconded by Swartz. Krasnansky stated that this was a tough issue with most of the affected property owners opposing the assessment district. He stated that, in his opinion, it was in the public interest to provide sewer service to every residence in the community. Vern Roth, design engineer for the proposed sewer line extension, gave an overview of the project. He stated that this was an area that should be served by a sewer system to solve existing problems and to enhance development of the area. He stated that the design and cost estimates were based on what the actual final costs would be. In response to a question from Krasnansky, Diener reviewed the process he used in determining the estimated assessments against each property on the list. He noted that some of the comments heard earlier in the meeting were reasonable, and he did not object to deleting Leirer's two lots from the district. He agreed that this was not a cheap project, but this was the best alternative open to the city. Krasnansky asked if the residents of Dairy Hill were the only people in town not served by sewer. Diener stated that they were with the exception of one or two commercial properties in the harbor area. Diener stated that the authority to use an on- site septic system lay with the Alaska Department of Environmental Conservation, and those property owners must have a DEC permit to operate such a system. Swartz asked about those who owned larger lots but wanted only one home on them. Diener stated that, in the case of an owner of two lots, one of which was not a "buildable" lot, it would be up to the Council to determine if the assessment should be reduced. However, if an owner of more than one buildable lot decided to build only one house on the lots, that owner must pay the full assessment. Sieminski stated that those affected property owners he had approached did not object to paying a portion of the cost, but they could, not afford what was currently estimated. White noted that when this was discussed last year, the city manager had indicated the possibility that the Sewer Fund could handle up to one -half of the cost. Diener stated that last year the city was discussing the possibility of obtaining DEC grant funds to cover up to 50% of the cost. He stated that he would be ; applying fora low cost grant as soon as the Council gave the go ahead to proceed with the project. 113 City of Seward, Alaska City Council Minutes Ap 26, 1993 Volume 2,9 pao 17 R Diener stated that the sewer fund was in real trouble because of the sewage lagoon failure and could not absorb a portion of the cost of this extension. Bencardino asked if this could be approved on the assumption that a grant would be forthcoming. Diener stated that he could make application to the clean water fund; however, this would mean delaying the project for another year. Bencardino suggested that the improvement could be approved subject to getting a grant for 50% of the cost of the project, and in the meantime, those who wanted to construct their own lines prior to construction of city improvements could do so. Krasnansky moved to amend the resolution by adding "subject to receipt of grant funds to cover up to 50% of the cost of the project" to the end of Section 1; the motion was seconded by Bencardino. White stated that he, too, had talked to several people, and those opposed had stated that they would support paying 50% of the cost of the improvement. In response to a question from Swartz, Diener stated that public health concerns were the responsibility of DEC; however, public nuisances could be addressed by the city. The question was called, and the amendment was approved by unanimous vote. The question was called on the main motion, and the resolution was approved as amended by unanimous vote. 4. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, opposing the new senate pairings approved by the Reapportionment Board. Krasnansky moved to approve Resolution No. 93 -052• the motion was seconded by Swartz. The question was called, and the resolution was approved by unanimous vote. 5. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving a service contract with General Electric to perform maintenance on substation transformers without full utilization of city bid procedures. 114 City of Seward, Alaska City Council Minutes April 26, 1993 Volume 29, Page 114 Krasnansky moved to approve Resolution No 91-053; the motion was seconded by Swartz. The question was called, and the resolution was approved by unanimous vote. 12. UNFINISHED BUSINESS A. Request by Tanya Sandefur to extend her short term lease of Lot 1, Block 2 Marina Subdivision Murphy noted that there was a motion on the floor to proceed with lease negotiations and that action had been postponed until the administration could review with the Alaska Railroad its plans for this general area of the harbor and assess whether Sandefur's proposal was the highest and best use of the subject property. Jones stated that he had asked for the postponement of this item because of some stated concerns regarding long range planning in the boat harbor. Of particular concern was the fate of Alaska Railroad property in the harbor. He stated that the general perception was that things were changing in the vicinity of the Small Boat Harbor very rapidly, and the Small Boat Harbor Master Plan and the City Code were not in complete agreement regarding how property management in the area should be addressed. He stated that leased property was intended for use by the boat -using public. He stated that he recommended going forward with negotiations for a longer term lease contingent upon incorporation of a relocation agreement within the lease. Swartz indicated that she wanted some assurance that oil spills, if any, would be taken care of. Sieminski asked what the city would gain by granting the lease extension rather than leaving things as they were. Darling stated that he did not object to extending the lease, but he wanted to stipulate that boat repairs could be done only in environmentally sound work stations. Bencardino asked if the lessee would be required to carry insurance for accidental and incidental spills. Jones stated that this would be incorporated into the lease agreement. The question was called, and the motion to proceed with negotiations was approved with Crane, Darling, Krasnansky and White voting YES and Bencardino, Sieminski and Swartz voting NO. 13. NEW BUSINESS None 14. CITY MANAGER REPORTS JONES noted that he and hospital administrator Lorin MacKay had discussed on- going negotiations for hospital acquisition of the clinic, and he was pleased to report that 115 City of Seward, Alaska City Council Minutes April 26, 1993 Volume 29, Page 115 the negotiations were progressing very well. He stated that the Board was comfortable with the purchase price and had begun to put together a package that would be a precursor to the loan package. He stated that the agreed -upon appraised value was $100,000; however, the immediate working capital needs totalled $500,000. Jones stated that he would present a specific proposal to the Council at the next regular meeting. JONES noted that he had been contacted by state and federal departments of transportation regarding the city's position relative to the closure of Harbor Air. He stated that the federal subsidy for scheduled flights was due to expire. He stated that air carriers would be given an opportunity to bid for the right to provide this subsidized service. JONES noted that the Exxon Valdez Oil Spill Trustees Council was meeting in Seward on April 27th at 7:00 p.m. 15. COUNCIL DISCUSSION DARLING asked if SAAMS had requested funding from the trustees. Jones noted that the SAAMS project was before the Trustees, however, he did not know if a specific funding request had been made. BENCARDINO noted that he had met with Perry Zimmerman (General Telephone) and had been told that he was working with Singleton to remove the telephone lines near the fisheries to allow the transport of boats through this area. He noted that this would facilitate the removal of boats from the boat harbor parking lots. SWARTZ noted that it was good to see the city clean -up efforts. She also asked how the hospital's plan to acquire the clinic would affect the city. Jones noted that Brim Corporation had dispatched one of its employees to appraise the value of the clinic (equipment, etc.). He stated that it was assumed that the lease of the office space would be transferable and would continue in force for another two years. Jones noted that the cost, including the necessary operating funds to begin operations, was $500,000. He stated that the mechanism to secure the financing had not yet been decided. CRANE noted that one of the short - listed city manager applicants had found employment elsewhere. He asked if the Council wished to add the next high vote - getters or if it wished to interview only two applicants. Krasnansky stated that at least one more applicant was needed to go forward. The Council instructed the Clerk to add H. Jensen and V. Bechtel to the list of candidates to be interviewed. CRANE noted that the Obihiro, Japan, delegation would be coming to Seward in July and would be sending someone to construct a pavilion prior to that time so that it could be dedicated during their July visit. 116 City of Seward, Alaska City Council Minutes April 26, 1993 Volu 2 9, Page 116 CRANE noted that the community health forum would be in Seward May 8th. He also noted that questions for the city manager interviews must be passed on to the clerk as soon as possible. CRANE thanked all of those who had participated in the SAAMS town meeting and recognized the contributions of Hugh and Iris Darling, John and Marie Gage, Floyd and Carolyn Ainsworth, and the IMS employees. CRANE thanked everyone who spoke under public hearing. 16. CITIZENS' DISCUSSION STEVE RYAN, 10860 Shoreline Drive, thanked the council for voting to proceed with lease negotiations with Tanya Sandefur. WALT SCZAWINSKI, 611 Monroe, asked if the public would be allowed to vote on whether to acquire a $500,000 clinic. PAT BROWN, 328 Third Avenue, commented that the infrastructure of the KPB- EDD was designed with the intention that Seward was a part of the Peninsula. He stated that it was important to the city's future well being to remain in a senate district with other borough communities. HERMAN LEIRER,101 Dairy Lane, commented on the need to protect the airport from Resurrection River. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS SWARTZ agreed with Leirer. 18. ADJOURNMENT The meeting was adjourned at 10:55 p.m. k iC't l 1'Q k� - �/ r Dave W. Crane Mayor 117 City of Seward, Alaska April 29, 19 City Council Minutes Volume 29. Nap 117 1. CALL TO ORDER The April 29 1993,, special meeting of the Seward City Council was called to order at 3:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Councilmember White led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis Bencardino Hugh Darling James Krasnansky Bruce Sieminski Karen A. Swartz Dale White comprising a quorum of the Council; and Tyler Jones, Interim City Manager Linda S. Murphy, City Clerk 4. APPROVAL OF SPECIAL MEETING AGENDA Krasnansky moved to approve the Special Meeting Agenda as presented; the motion was seconded by White. The question was called, and the agenda was approved as presented by unanimous vote. 5. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None 6. SPECIAL ITEMS A. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the city of Sewa'rd,` ` Alaska, awarding a contract for the removal of sludge and debris from the Lowell Point Sewage Lagoon. Krasnansky moved to approve Resolution No. 93 -054; the motion was seconded by Swartz and carried by unanimous vote. 7. CITY MANAGER REPORTS None 118 City of Seward, Alaska City Council Minutes April 29, 1993 Volume 29, Page 118 8. COUNCIL DISCUSSION SIEMINSKI asked for a status report on the FY 1994 budget. Jones stated that the budgets would be presented to the Council in the May 10th packet for introduction. ' SIEMINSKI also 'asked if the city was keeping an accurate record of oil spills in the boat storage area at SMIC. WHITE noted that the boat storage yards in Kenai required proof of accidental oil spill coverage before a boat was lifted and stored on city property. He suggested that the city of Seward consider a similar requirement. BENCARDINO stated that the proposed lease to Sandefur in the Small Boat Harbor should require similar insurance. SWARTZ suggested that the Obihiro pavilion be constructed in the handicap accessible park within Waterfront Park. Murphy noted that this was the spot that the administration had recommended for the pavilion. 9. CITIZENS' DISCUSSION None 10. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None 11. ADJOURNMENT The meeting was adjourned at 3:45 p.m.. Dave W. Crane Mayor 119 City Council Minutes City of Seward, Alaska Volume 29, Page 119 May 3, 1993 1. CALL TO ORDER The May 3, 1993, special meeting of the Seward City Council was called to order at 3:o5 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Councilmember Darling led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Hugh Darling Louis Bencardino Bruce Sieminski James Krasnansky Dale White Karen A. Swartz comprising a quorum of the Council; and Michael Yanez, Assistant City Manager Linda S. Murphy, City Clerk 4. APPROVAL OF SPECIAL MEETING AGENDA Krasnansky moved to approve the Special Meeting Agenda as presented; the motion was seconded by Swartz. The question was called, and the agenda was approved as presented by unanimous vote. 5. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None it 6. SPECIAL ITEMS A Selection of City Manage Crane moved to suspend tfe rules to allow discussion of this agenda item without benefit of a motion; the motion was seconded Crane, Darling, Sieminski and White by Bencardino and carried with Bencardino, voting YES and Krasnansky and Swartz voting NO. Y Swartz stated that she was uncomfortable with the concept of combining the Port Marketing Director and City Manager positions. She stated that this approach would give an edge to one candidate over another and was not fair to those who had applied for the job a n t n o re reside in Seward while maintaining another also objected to Jones plan r I 120 city of Seward, Alaska May 3, 1993 City Council Minutes Volume 29, Page 12o In response to a question from White, Murphy stated that she had Jones' conflict of interest statement on file; however, the city had not yet conducted a criminal background check on either of the two candidates. Darling stated that the city needed a generalist manager and should not expect the manager to also serve as the Port Marketing Director. Bencardino stated that this approach would cost the city more money. He stated that the city had stripped operating capital from the harbor for years to pay salaries in the Port Marketing Department, and these funds were desperately needed to provide maintenance of the harbor. He noted that the city was now in the position of raising taxes, cutting services or both, and it was important that the City Council cut costs where it could. Darling stated that a generalist city manager experienced in finding grant funds and working with small budgets would better serve the community. In response to a question from Crane, Yanez stated that Gates had been hired as a contract employee in 1985 and had become a regular city employee about three years ago. Crane noted that the city had managed to attract industrial development prior to this time without benefit of a full -time Port Marketing Director and could do so again. Sieminski noted that the city could do without a Port Marketing Director at this time. He noted that the Port ,Marketing Assistant would continue to serve in that department. Darling added that port marketing services could be provided on a contract basis under either of the city manager candidates. White stated that, he would prefer to see marketing on a broader scale and suggested that the city concentrate on economic development. He stated that Jones could do much of what Gates had done, but he did not see how the two jobs could be performed by one person. Krasnansky noted that it was Gates who had suggested that the two positions be combined, and for that reason, the city manager recruitment ads had been purposefully vague to see what types of applicants the city could attract. He stated that the city might want to consider contracting port marketing if it was determined that this was a needed function. Krasnansky stated that the issue before the Council was appointment of a city manager and, in his opinion, the city needed a strong general government person. Darling stated that the voters felt it was important that the city manager have his family with him and that they become a part of the community. Sieminski agreed that Jones would probably like to have his family with him from the start, but this apparently was not possible at the. present time. He stated that this ,should not be a determining factor in selecting the city manager. 121 City of Seward, Alaska May 3, 1993 City Council Minutes Volume 29, Page 121 Crane stated that the two candidates were equal in many respects; however, Jones was a hands -on manager, and this was what the community needed at this time. Crane added that the city should check each candidates references and should perform a criminal history check on the successful candidate. e day. Darling stated that he had attempted to f the Silverton Chamber of Comme S references earlier in who He noted that he had talked to the director o hly spoke very hig of Scott's accomplishments in the community. In addition, he had discussed Scott with Seward Forest Products Manager Jim Morgan live M n who had d in Silverton and had been told that Scott. had both strong and weak points. Bencardino asked the Mayor to open the discussion to the public to give those in attendance an opportunity to address this issue. Crane opened the floor for discussion from the audience. JIM MORGAN, Seward Forest Products Manager, stated that it was important that the Council realize that there were currently too many people doing too little and what was needed now in both the private and public sectors was the ability to wear more than one hat. He offered his support for the appointment of Jones to the City Manager position. DEAN LUST, North Harbor Road, spoke in support of Jones and noted that he had seen positive results since Jones was hired as interim city manager. HERMAN LEIRER, voiced his support for combining the port marketing and city manager positions and cautioned against raising taxes. IRIS DARLING stated that the Council should hire a good city manager and let him cut where he thought appropriate. AL SCHAFER, 2.5 Nash Road, stated that the Council had the opportunity to hire someone with real expertise in ports and transportation who had spent the last several months getting up to speed' on Seward issues. Her stated that, since the port was the citys most important asset, it was important to hire someone with port experience. JIM PRUITT, Maple Street, stated that the most efficient approach the city could take would be to combine the two positions making the negotiator of leases and contracts the same person who was charged with taking the negotiated agreement to the Council for approval. He voiced his support for Jones. No one else appeared in order to be heard, and the Mayor closed public comment. White stated that his major concern was one of salary since both candidates were qualified to fill the p demands, he Qones)�wo get his supportpressed a willingness to negotiate his salary 122 City of Seward, Alaska May 3, 1993 City Council Minutes Volume 29, Page 122 Darling characterized the issue before the Council as a "pleasant dilemma" and noted that the Council had two well qualified candidates for the position. He stated that he would prefer to negotiate with Scott. He stated once again that he would prefer a generalist manager, but added that, if the Council elected to hire a manager with expertise weighted in a particular area, he felt that port "experience was essential. Swartz stated that she had been impressed by both Jones and Scott. She stated that she had been most impressed with Scott's educational background and his stated ability to work with the Council and to keep the public informed. Sieminski stated that he favored Jones. He noted that Jones had been criticized for not making changes during his term as interim city manager; however, this was not the job he was hired to do during the interim period. Krasnansky stated that he favored Scott because of his experience in small communities and his proven city manager experience. Bencardino agreed that Scott was a good candidate. He cautioned, however, that it was relatively easy to make things happen in a small community like Silverton which had experienced no real growth or activity for a number of years. In contrast, it would be much more difficult to come into. an energetic town like Seward and have similar success. He stated that it was important to hire someone who could complete the projects which had already been started as well as someone who could control legal and other costs. Crane stated that it was nice to have two quality candidates and added that, since the city was fortunate to have such a high quality staff, it could forego the general government expert in exchange for someone with expertise in Alaskan ports. He stated that he would support Jones. Krasnansky moved to negotiate the appointment to the position of City Manager with Michael J. Scott; the motion was seconded by Swartz. Krasnansky read the following statement into the record: Mr. Scott has shown his commitment to the profession of that of City Manager through: Strong background.. in the field of General Government service as evidenced by: A Master's Degree in Public Administration from Harvard University, the only program to which he.applied;, Familiarity, with the unique needs of rural communities both in Alaska and other parts of the Nation as City Manager in Kotzebue, Alaska, and Silverton, Oregon; 123 City Council Minutes City of Seward, Alaska Volume 29, Page 123 May 3, 1993 Producing strong evidence of an analytical approach to less than optimal economic indications through three and fine year plans, annual community surveys, promotion of volunteer projects, and the development of tourism and an industrial park; Producing strong evidence of effective public communication through community newsletters; Producing strong evidence of knowledge in the area of grant writing as evidenced by a major rewrite of Alaska's sate municipal grant program as Chief of Staff with State Senator Frank Ferguson; Strong knowledge l both e the Alaska House and Senate Budget C nferen h ceChairs person to ever concurrently; and, finally, t By his commitmen to Alaska in general through years of Government Service behind the scenes through which we in Seward have no doubt already benefitted. The question was called, and the motion failed with otingaNOnsky and Swartz voting YES and Bencardino, Crane, Sie a White moved to authorize negotiations with Tyler Jones to provide city manager services to the city , Dar Sewri g, d% the leminski and seconded hite voting YES and Krasnansky and Bencardino, Crane, h Swartz voting NO. 7. S. gWARTZ noted thansAAMll gnats way to achiev nglits fundiion in goals Criminal Settlement Funds and was o WHITE z a sked stated that plannd t p handicap a been identified n access he city's ADA audit and Pavilion. Yanez sta would be addressed. CRANE asked the Clerk to schedule a work session at 1:00 p.m. on Thursday, May 6th, to negotiate a contract with Tyler Jones. g, CITIZENS' DISCUSSION None RESPONSE TO CITIZENS' COMMENTS 10. COUNCIL & ADMINISTRATION None CITY MANAGER REPORTS None COUNCIL DISCUSSION 124 City of Seward, Alaska May 3, 1993 City Council Minutes vnh' ., ve n - -- 11. ADJOURNMENT — -- -- - a. �� The meeting was adjourned at 4:25 p.m. Li a S. M CM - \ ' A Dave W. 'Crane City Clerk Mayor (City Seal) City of Seward, Alaska May 10, 1993 City Council Minutes Volume 29, Page 124 1• CALL TO ORDER The May 10, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino Hugh Darling James Krasnansky Bruce Sieminski Karen A. Swartz Dale White comprising a quorum of the Council; and Tyler Jones, Interim City Manager Michael Yanez, Assistant City Manager Thomas F. Klinkner, City Attorney Linda S. Murphy, City Clerk 125 City of Seward, Alaska City Council Minutes Volume 29, Page 125 tviuy w, 4a. PROCLAMATIONS A. Nursing Home Week Ma v 9- 15,1993 Wesley Rehab Center Director Richard Jones. Crane presented a proclamation to , 99�3. Crane presented B. CorrectioncOnfic Center Superi nt Larry' Kincheloe and Seward to Spring Creek Corre Corrections Supervisor Everta Mooter. 4b. APPROVAL OF MINUTES Krasnansky moved to ap prove on was onded by White and carried by 9 unanimos minutes as presented; the m vote. 5, APPROVAL OF REGULAR MEETING AGENDA Krasnansky moved to approve the Regular Meeting Agenda as presented; the motion was seconded by Bencardino. Crane noted the following additions to the regular meeting agenda: Presentations with Prior Notice - Ogden Beeman - Tariff Review and B Street Dock R - No. 93 -062, 93 -063, and 93-064 - General Obligation Bonds refunding the consent calendar to "Resolutions" as Item Sieminski asked to move Item D from No. 8 (Resolution No. 93 -060)• e agenda was approved as amended by The question was called, and th unanimous vote. 6. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assemb re Me Patrick Reilly gave a verbal report on the assembly's budget proces 7. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING LESLIE SIMUTIS, 1105 Second Avenue, representing a group of Small Boat Harbor merchants, commente ell th out and o the product of a long series the new parking plan was g 126 City of Seward, Alaska May 10, 1993 City Council Minutes Volume 29, Page 126 meetings over the winter; however, she took exception to the proposed paid parking experiment which was being considered for implementation this year. She noted that the committee was formed by the Council for the purpose of seeking specific parking management solutions, but was not charged with the task of raising revenues in the harbor. She stated that paid parking did not address the need to increase parking availability. She stated that the merchants had unanimously agreed that the 4 -hour parking lot which was created a few years ago had been effective and had provided increased parking turn-over. She contended that paid parking would actually worsen the situation and would encourage people to park anywhere except the paid parking lot. Simutis stated that the Small Boat Harbor merchants believed they could help the city by paying the cost of maintaining the parking lots and were willing to support the lots through an assessment to pay for parking management. She stated that they could easily provide $6,000 annually to offset costs to the city, and she encouraged the Council to institute its parking plan minus the paid parking portion. DON HOLLAND, 320 Sixth Avenue, read a letter from Juris Mindenbergs, owner of the Breeze Inn, objecting to paid parking. LINNE BARDARSON, Nash Road, stated that the Small Boat Harbor parking situation was better today than it was 5 years ago because of improvements made by the city. He noted that, since implementation of 2 -hour on- street parking and the designation of the 4 -hour parking lot, there had rarely been an occasion when he was unable to find a parking space in the Small Boat. Harbor. He stated that the parking plan currently in place worked well and added that he would be willing to pay for parking for his customers and suggested that charging the Small Boat Harbor businesses for parking maintenance was a way to generate money from the parking lots. Bardarson also suggested expanding parking to the vacant area adjacent.to the state shop and that the north softball field be considered for parking. BLAINE BARDARSON, 612 Second Avenue, stated that, since the main concern appeared to be parking turn -over and since the harbor merchants had volunteered to pay the cost of maintaining the lots, the city now had a golden opportunity to work hand in hand with the businesses to solve the.harbor's parking problems. 8. APPROVAL OF CONSENT CALENDAR Krasnansky moved to approve the Consent Calendar as amended; the motion was seconded by Swartz. The question was called, and the Consent Calendar was approved as amended by unanimous vote. The following actions were taken: A. Resolution No. 93 -055 .approving a 2 -year extension to the. KPMG Peat Marwick contract to provide audit services to the city, was apprpved; B. Resolution No. 93 -056 appropriating funds to provide parking enforcement Officers through the end of FY 1993, was approved; 127 City of Seward, Alaska May 10, 1993 C. Resolution No. 93 -059, approving a contract for extraction`'of gravel from Fourth of July Creek, was approved; D. Resolution No. 93 -060, amending the campground budget, was moved to the regular meeting agenda and approved; E. Request for authorization to proceed with contract negotiations with R & M Consultants for B Street Dock design was approved;. F. Informational memorandum from Yanez regarding the Kenai Peninsula Bor- ough Economic Summit was noted, an G. Seward General Hospital quarterly financial report was noted. 9. PUBLIC HEARINGS A. Hearin on necessi of roviui �- — Block 1 and Lots 1 -13 lock ed b e law was notedVand the public hearing was opened posted and published as q Y JEANNE WALKER, Mile 1.2, Biae L ake eed for stheimpro improvement was bvious p rop o sed improvement district. She stated that .h noted that it would provide d to efcienupe baseWthusdecrea ing costs to the he age further Of the area, and would expand ci ty's stated that none of the ownev of np lo owne s to seek an assessment extension up front, and the m ie re part o f the district from the city rather r also noted gthatethe oriiginalfpetition had included a community of Seward. Wa ke telephone line extension as well as electrical power, and she asked the Council to amend the resolution to include the telephone extension. o f the BLAINE BARDARSON e 612 ent d strict e s t a ted t t hat t for what they were people within the proposed ass to receive. He noted that inc the ame as the electrical l ne.nhal, and e one extension was e telephone line should be ins BACCI mind and , h ad instilled L a k e , wnd gene at r with batteries t provide his own efficiency in mind and he power. He stated that il'kedstosbe deleted from the for sessment d strict so mething Perata also would not use. He as questioned whether the city had the right to put a lien on property located outside e city limits. e nerated his KEVIN WALKER, Mile 1.2 Br LatkheRo s tated that stat d tha gthe city had own power but would prefer to City Council Minutes Volume 29, Page 127 128 City of Seward, Alaska May 10, 1993 City Council Minutes Volume 29, Page 128 much to gain by creating this assessment district.- He noted that the property owners would pay for the cost of installation of the line plus interest over a number of years. In addition, the user base would be expanded and other lots within the subdivision would be developed. Walker stated that the telephone should be considered a life safety issue and, therefore, should be included in the assessment district. No one else appeared in order to be heard, and the public hearing was closed. B. FY 1994 Budget Notice of public hearing,as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and, the public hearing. was closed. 10. PRESENTATIONS WITH PRIOR NOTICE ONLY A. lean Lewis - Little Le Recreation Master Pl gue Programs a . Lewis stated that the Parks and an was well thought out. She asked the Council to support the development of a new ball field as a priority item within the Parks Master Plan. She noted that 240 children had already registered for this summer's Little League program, and this could result in as many as 15 Little League teams. She stated that the League could not continue to add teams with only one ball field available for Little League use. B. Lorin Mac Ka - Purchase of clinic and need for possible ci assistance. MacKay stated that the medical community in Seward remained unstable and the hospital continued to have problems recruiting and retaining physicians. He stated that one detriment to the city's recruitment efforts was that physicians no longer wished to be employed by another physician. He also noted that there was a shortage of physicians willing to settle in small communities, and there were 7 opportunities for each doctor willing to make this kind'of commitment. MacKay stated that, if the community wished to recruit and retain physicians, the hospital had no choice but to get into the clinic business. He stated that the two physicians recruited to join the medical staff in July would not be willing to come to Seward if they could not be employed by the hospital. He proposed that funding for the acquisition for the clinic would come from a funding campaign which would include tapping into the existing equipment loan fund established in the city's general fund, grant monies, loan guarantees by individuals and/or companies and donations by businesses and individuals. He asked the Council to schedule a work session with the Hospital Board to further discuss this issue. In response to a question from Swartz, MacKay stated that the plan presented was an effort to ease the burden to the city so that the city would not have to bear the full cost of acquisition of the clinic. Darling asked about the goals for funding from individuals and corporations within the city. MacKay stated that there was $100,000 in the city's fund balance allocated for hospital equipment loans. He suggested that this fund be authorized for purchase of the clinic. In addition, the hospital would seek $300,000 from the community 129 City of Seward, Alaska City Council Minutes Volume 29, Page 129 1V, 1JJJ to help either in loan guarantees or a one form ly and medically o f donations. noted that the alternatives were significantly worse Crane stated that he would be scheduling a work session under Council Discussion later in the meeting. c li n ic staff. MacKay Swartz asked how this would affect the workers) would become e mployees hospital employees (nursing staff and clerical and the physicians would be contracted by the hospital. a ted that the C. O den Beeman - B Street g Dock desgn and construction of a multi- city had previously established a g priority research vessel which the c it y hoped to purpose dock for cruise ships, ferry Alaska for homeporti gin Seward. Beeman noted that see assigned to the University all o f the ma rine facilities ig the tariffs for he had prepared a tariff rert after as well as the proposed newdock. He recommended owned and operated by the city a pricing policy for alldock n the cis in investmen nt hich should cover all city costs m addition to a rate of return RECESS: The meeting was recessed at 8:55 p.m. and reconvened at 9:05 P.M. 11. ORDINANCES AND RESOLUTIONS A. Ordinances for Introduction e available to the public, Crane noted by title 1. Copies having been mad only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 5.20.030, resolution to proceed with assessment districts. Krasnansky moved to introduce and set for public hearing Ordinance No. 93 -18; the motion was seconded by Swartz. The question was called, and the Ordinance was introduced by unanimous vote. Public hearing was scheduled for May 24, 1993. 2. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 5.20.025 and § 5.20.040, clarifying notice requirements for assessment district hearings. 130 City of Seward, Alaska May 10, 1993 City Council Minutes Volume 29, Page 130 Krasnansky moved to introduce and set for public hearing Ordinance No. 93 -19• the motion was seconded by White. The question was called, and the Ordinance was introduced by unanimous vote. Public hearing was scheduled for May 24, 1993. B. Ordinances for Public Hearing & Enactment 1 • Copies having been made available to the public, Crane noted b title only a proposed ordinance entitled: y An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 15.10.230, special setbacks. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. White moved to enact Ordinance No 93 -08• the motion was seconded by Krasnansky. The question was called, and the Ordinance was enacted by unanimous vote. 2. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code Chapter 2.35, indemni- fication of city officials and employees. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. White moved to enact Ordinance No 93 -11 the motion was seconded by Bencardino. Swartz stated that she felt the price to provide this coverage was too high. Krasnansky asked if he had a conflict of interest as a past city employee. Minkner stated that each member of Council was entitled to the benefits of this ordinance. He also noted that, ninety-five percent of the time, the ordinance would come into play only when the city was sued, and the provisions under consideration would allow the city to gain control of law suits and would encourage greater cooperation from emp involved in defense of the city. loyees 131 City of Seward, Alaska City Council Minutes Volume 29, page 131 May lv, lye:, Crane ruled that there was no conflict of interest with regards to Krasnansky and Bencardino. ce was enacted with The question was called, t voting the Ordinan YES and Krasnansky and Swartz voting E N ne, O D arling, Sieminski and White g I Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, revising the Council agenda format. Notice of public hearing aostNo one appeared as n order o be hea d, and t the and the public hearing was o pened. public hearing was closed. by Krasnansky moved to enact drtheanOrdlnance was ted by unanimous vote- White. The question was calle d 4. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: unc il o f An Ordinance of the City CO Alaska, amending Seward City Code § e 210.065, rules Of debate. id u blished as Notice of public hearing as posted one appeared in order o be hea d, and the and the public hearing was op public hearing was closed. by Krasnansky moved to Ordinance O Ordinance was the by unanimous vo S The question was called, a 5. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 2.10.070, addressing the Council by the public. Notice of public hearing as posted one d published ppeared in order o b s required heard aan the and the public hearing was open. d public hearing was closed. 132 City of Seward, Alaska City Council Minutes May 10, 1993 [volume 29, Page 132 White moved to enact Ordinance No. 93 -15• the motion was seconded by Krasnansky. The question was called, and the Ordinance was enacted by unanimous vote. 6. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled. An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 2.01.020, conflict of interest, to provide that applicants for appointive positions must file a conflict of interest statement with the application for the appointive position. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Swartz moved to enact Ordinance No. 93 -16• the motion was seconded by White. The question was called, and the Ordinance was enacted by unanimous vote. 7. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending Seward City Code § 2.30.110, prohibiting family members of hospital employees from serving on the Community Hospital Board. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. HILMER KISER, Old Mill Subdivision, stated that he presently served as a member of the hospital board and had no current conflict of interest. He suggested that some consideration be given to the consequences of this amended language before enactment of this ordinance. He objected to the broad definition of family member and stated that this ordinance would prohibit full involvement of the community. No one else appeared in order to be heard, and the public hearing was closed. Swartz moved to enact Ordinance No. 93 -17 the motion was seconded by White. Swartz stated that Kiser made a very good point; however, this ordinance had been drafted to avoid another embarrassing situation similar to the one that occurred some months earlier when someone not qualified for board membership was appointed and then removed from his position on the board. 133 City of Seward, Alaska City Council Minutes Volume 29, Page 133 lv, 1�oo Bencardino stated that this ordinance did seem to go too far. Crane stated that it would be i ap he had o declare a conflict ointerest throughout productive a boardmember the budget process or when dealing with personnel policy issues. Krasna K stated ise�'s comments Werelwe wha and con s tituted suggested that confli the Council stated that K postpone the ordinance until this could be more clearly defined. FAILED with The question was called, and d e nact the Kral ansky, Swartz and Crane and Sieminski voting YES White voting NO. C. Resolutions available to the public, Crane noted by title 1. Copies having been made only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving the Parks and Recreation Master Plan. Murphy noted that action on this resolution had been postponed from the last meeting and a motion to adopt was on the floor. Sieminski stated that he was still opposed to passage of this resolution. Bencardino stated that no more of the city's waterfront property should be designated for parks and recreation. Swartz stated that she had rece ne of the num ty's best departments th concerned Parks and with the budget. She stated Recreation and deserved Council support. She stated that she supported the plan. Crane stated that he supported b the plan b it the Coun p lan, a s a in the plan would require specific g pp d that com on the plan.dicate a lack of faith in the administration -he plan w ould Councirs failure to approve or in the public that Jones noted that e t his rorertyuand he had tempted to address this concern regarding a particular p p p c some amended l Heg tate d lc tha thisrdocumen was of animplemen implementation plan considered for rezone nor a wish list, but something in between which reflected the wishes and interests of a 134 City of Seward, Alaska May 10, 1993 City Council Minutes Volume 29. Paov 1.3d segment of the community. He noted that from this package would be drawn the projects and programs of the department as resources dictated. In response to a question from Bencardino, Jones stated that this designation would not prohibit other uses for this area if the Council so voted. The question was called, and Resolution No. 93 -050 was approved with Bencardino, Crane, Darling, Krasnansky, Swartz and White voting YES and Sieminski voting NO. 2. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, setting parking fees and fines for the Small Boat Harbor. Krasnansky moved to approve Resolution No. 93 -057 the motion was seconded by Swartz. Krasnansky noted the earlier testimony from boat harbor merchants and asked Jones if this (assessment of local merchants) would be a feasible option. Jones stated that he could not answer the question directly. Krasnansky noted that the merchants had made some good points, and their suggestions were worth consideration. Swartz stated that the committee's mission had been to create a good flow of traffic through the 4-hour lot. Jones stated that there were comments earlier about perceived lack of participation in the committee process. He stated that the Simutis letter of January 8th was submitted to the committee, and, in addition, there was representation at the meetings from the Breeze Inn, Brown & Hawkins, Bardarson Studios, Sailing Inc., Judi A, the Yacht Club, etc. White asked what the city had budgeted as revenues from parking. Jones replied that the $50,000 budgeted would not offset expenses the first year; however, profits should be forthcoming in subsequent years. Swartz stated that the paid parking plan was a tool to encourage the flow of traffic through the lot. She stated that she had not seen an abundance of parking in the harbor last summer. She added that, although the committee did not set out to make money for the city with its plan, extra revenues would, be a welcomed bonus. Bencardino objected to using the Police as a revenue source and stated that this was not the department's function. He noted that parking, was not a problem in the 135 City Council Minutes City of Seward, Alaska Volume 29, Page 135 May 10, 1993 harbor last summer, and he suggested implementing p am proposed by the merchants as a pilot program this season. Krasnansk concurred. Crane stated that it was his understanding that the paid parking issue would come back to the Council fo He objected p d a as t ex lan was as currently writtenp to be implemented. Martin stated that the committee's recommendations were adopted as guidelines, and the city administration was now trying to implement them. on 2 and Krasnansky moved to amend Resolution ho motion seconded by�Bencardino and renumbering the subsequent sections, h carried with Bencardino, Crane, Darling, Krasnansky and White voting YES and Sieminski and Swartz voting NO. The question was called on the main motion, and the resolution was approved as amended with Bencardino,Crrane, Darling, Krasnansky and White voting YES and Sieminski and Swartz voting N ailable to the public, Crane noted by title 3. Copies having been made av only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving an amendment to the CH2M Hill contract for Lowell Point Sewage Lagoon repair project management. was seconded Krasnansky move was approve Resol celled, and the re solution was appro ed by unanimous by Darling. The question vote. 4. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, determining to proceed with the special improve- ment district called the Bear Lake Electrical Assessment District. Krasnansky moved to approve Resolution No. 93-061; the motion was seconded by White. In response to a fi ber of lots whi h be equally served and equally benefitt d uestion from Kr! district, there were a nun by the improvement, and, even if eliminated from the assessment district, the owners 136 City of Seward, Alaska May 10, 1993 City Council Minutes Volume 29, Page 136 would continue to benefit. He recommended that the Council not delete Parata from the district. Crane moved to postpone action on this resolution until May 24, 1993, on the advice of the city attorney; the motion was seconded by Bencardino. Klinkner noted that he had spoken to the borough attorney regarding a borough opinion raising questions about the city`s authorization to establish assessment districts outside the city's boundaries. He stated that, although he continued to believe the city was within its rights to establish this assessment district, he would prefer to address the borough's concerns before the Council took action. In response to a question from White, Diener stated that he had never heard of one utility funding another utility's improvements, and he objected to spending electrical utility funds to install General Telephone's lines. Diener stated that the city had an existing agreement with GTE to allow the company to lay phone lines in the electrical trench. The question was called, and the resolution was postponed by unanimous vote. 5. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, authorizing an amendment of the terms of the General Obligation Bonds, 1984 Series A, authorized by Resolution No. 84 -105 as amended; authorizing the execu- tion of an amendment to loan agreement between the City of Seward and the Alaska Municipal Bond Bank and providing for related matters. Krasnansky moved to approve Resolution No. 93 -062• the motion was seconded by White. Klinkner noted a technical "glitch" and recommended an, amendment to Section 2 of the next three resolutions. Krasnansky moved to amend Section 2 of the resolution by deleting "maturities" in the first line and adding the phrase "maturing on or prior to October 1, 2003" following the word "Bonds" in line 1, the motion was seconded by White and carried by unanimous vote. The question was called on the main motion, and the resolution was approved as amended by unanimous vote. 137 City of Seward, Alaska City Council Minutes May 10, 1993 [volume 29, Page 136 would continue to benefit. He recommended that the Council not delete Parata from the district. Crane moved to postpone action on this resolution until May 24, 1993, on the advice of the city attorney; the motion was seconded by Bencardino. Klinkner noted that he had spoken to the borough attorney regarding a borough opinion raising questions about the city's authorization to establish assessment districts outside the city's boundaries. He stated that, although he continued to believe the city was within its rights to establish this assessment district, he would prefer to address the borough's concerns before the Council took action. In response to a question from White, Diener stated that he had never heard of one utility funding another utility's improven►ents, and he objected to spending electrical utility funds to install General Telephones lines. Diener stated that the city had an existing agreement with GTE to allow the company to lay phone lines in the electrical trench. The question was called, and the resolution was postponed by unanimous vote. 5. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, authorizing an amendment of the terms of the General Obligation Bonds, 1984 Series A, authorized by Resolution No, 84105, as amended; authorizing the execu tion of an amendment to loan agreement between the City of Seward and the Alaska Municipal Bond Bank and providing for related matters. Krasnansky moved to approve Resolution No. 93 -062; the motion was seconded by White. Klinkner noted a technical "glitch" and recommended an amendment to Section 2 of the next three resolutions. Krasnansky moved to amend Section 2 of the resolution by deleting "maturities" in the first line and adding the phrase maturing on or prior to October 1, 2003" following the word "Bonds" in line 1; the motion was seconded by White and carried by unanimous vote. The question was called on the main motion, and the resolution was approved as amended by unanimous vote. City of Seward, Alaska City Council Minutes May 10, 1993 Volume 29, Page 137 6. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, authorizing an amendment of the terms of the General Obligation Bonds, Series 1987, authorized by Resolution No. 87 -109: authorizing the execution of an amendment to loan agreement between the City of Seward ` and the Alaska Municipal Bond Bank and providing for related matters. Krasnansky moved to approve Resolution No. 93 -063: the motion was seconded by Swartz. Krasnansky moved to amend Section 2 of the resolution by deleting the word "maturities" in the first line, adding the phrase "maturing on or prior to October 1, 2003" following the word "Bonds" in the first line, and adding the phrase "or after" immediately preceding "December 1, 2004" in the third line; the motion was seconded by White and carried by unanimous vote. The question was called on the main motion, and the resolution was approved as amended by unanimous vote. 7. Copies, having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the, City Council of the City of Seward, Alaska, authorizing an ainendmenf of the terms, of the General Obligation Bonds, Series 1990, authorized by Resolution No. 90 -024: authorizing the execution of an amendment to loan agreement between the City, of Seward and the Alaska Municipal Bond Bank and providing for related matters. White moved to approve Resolution No. 93 -064; the motion was seconded by Krasnansky. Krasnansky moved, to, amend Section 2 of the resolution by deleting the word maturities in the first line, adding the phrase "on or prior to October 1, 2003" following the word "Bonds" in the first line,, and adding the phrase "or after" immediately preceding "December 1, 2004" in the third line; the motion was seconded by Bencardino and carried by unanimous vote. The question was called on the main motion, and the resolution was approved as amended by unanimous vote, 139 City of Seward, Alaska City Council Minutes May 10, 1993 Volume 29, Page 139 13. NEW BUSINESS 14. CITY MANAGER REPORTS Jones noted that the community opinion survey form would be mailed on May 15th. He also noted that a public meeting regarding the B Street Dock would be conducted on May 11th from 9:00 a.m. until Noon to update those present on progress thus far and to refine the city's goals for the project. Jones stated that the administration would review the R.W. Beck rate study on Wednesday in anticipation of presenting the study to the Council shortly. Jones gave a brief legislative report and noted that legislative funding for the area included $12.5 million for the Alaska Sea Life Center, funding for a shellfish hatchery, $5 million in the university budget for the Institute of Marine Science, $100,000 in start up funds for SAAMS, $450,000 for B Street Dock design and construction of the pad, $50,000 for hospital equipment, $325,000 for SLAC facility design and replacement, and $250,0000 for AVTEC equipment. Jones distributed the Nash Road Small Boat Harbor development plan and requested a work session to discuss the project. He also asked the Council to schedule work sessions to review the budget and to discuss clinic acquisition. Crane scheduled the following work sessions: Joint work session with the Hospital Board - May 13, 1993, beginning at 7:00 p.m. Nash Road Small Boat Harbor Project - May 20,1993, beginning at 7:00 p.m. Budget work session - May 13,1993, beginning at 12:00 Noon. 15. COUNCIL DISCUSSION DARLING welcomed Elks delegates who were visiting Seward for their annual state convention and thanked State Exalted Ruler Mike Meehan for his part in bringing the convention to Seward. BENCARDINO asked if the city could do anything to help those in Bear Creek acquire a phone system. He suggested that the city pressure GTE to extend service to this area. WHITE stated that he was impressed with the refinancing package. He asked to be provided with a status report on the ADA projects. White also noted a hole in the 140 City of Seward, Alaska City Council Minutes May 10, 1993 Volume 29, Page 140 ground in Gateway Subdivision with exposed electrical wires and asked to have this checked out. SWARTZ thanked the city for the Super Saturday cleanup. KRASNANSKY encouraged anyone with an interest in the budget to come to the work session on Thursday and stated that public comment was always welcomed. CRANE noted that the Council had agreed to evaluate the manager quarterly, and he suggested that the Council's annual evaluation for the purposes of setting salaries for the three appointed officers (manager, clerk and attorney) be conducted in March or April. Bencardino stated that he would prefer to evaluate the attorney and the clerk every 6 months. Krasnansky noted that Council should review the evaluation forms prior to conducting the next evaluations. Council consented to completing Murphy's annual evaluation and returning completed forms to White no later than May 24th. - Council asked Murphy to redraft Ordinance No. 93 -17 (prohibiting family members of hospital employees from serving on the hospital board) with a narrower definition of family member for introduction at the next meeting. 16. CITIZENS' DISCUSSION BLAINE BARDARSON, 612 Second Avenue, noted a communication breakdown between the Council and the Planning Commission during the process of - rezoning the Ballaine Boulevard property for Carl Norman. He noted that Council did not receive the minutes of the Planning Commission's meeting as required by Code and, therefore, did not have the benefit of the findings of the Commission prior to making its decision. Bardarson stated that the Council had an obligation to read the minutes and to consider the recommendations of the Commission. He recommended that Council attend the next planning commission training in Anchorage. Bardarson stated that the Commission did not mind if Council disagreed with its decision, but did not want to be ignored. RANDY MCFARLAND, 232 Fifth Avenue, stated that Council had now accepted paid parking in the boat harbor in one ,form or another. He asked Council to bid control of the lots in the Small Boat Harbor rather than turning them over to the merchants. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS CRANE stated that the Planning Commission was very important to the community and he highly respected the opinions of its members. He noted that he had attended one of the Planning Commission meetings when the rezone in question was discussed and further noted that the, majority of the public comment he heard favored the rezone. He stated that the rezone was in the community's best interest. He .141 City Council Minutes City of Seward, Alaska Volume 29, Page 141 May 10, 1993 conceded that the Council should have been provided a copy of the Commission's minutes; however, this had not been possible because the matter had been on such a fast track. Crane stated that he hoped the Council and Commission could work more closely together in the future. JONES, responding to McFarland, noted that the work McFarland had done (preparing a parking plan for the Small Boat Harbor) was very well prepared. He stated that, if the timing had been different, his plan probably would have been implemented. Jones stated that he would address this plan in the context of further discussions regarding parking in the next few days. 18. ADJOURNMENT The meeting was adjourned at 11:59 p.m. Dave W. Crane le Mayor Y (Cit3s6 ."Not t o r P ; ` City Council Minutes Volume 29, Page 141 1. CALL TO ORDER The May 24,1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino Hugh Darling James Krasnansky Bruce Sieminski Karen A. Swartz Dale White 142 City of Seward, Alaska City Council Minutes May 24, 1993 Volume 29, Page 142 comprising a quorum of the Council, and Tyler Jones, City Manager Michael Yanez, Deputy City Manager Patricia Jones, Deputy City Clerk Crane explained the new agenda format and procedures. 4. APPROVAL OF AGENDA AND CONSENT AGENDA Krasnansky moved to approve the Regular Meeting Agenda and Consent Agenda; the motion was seconded by Bencardino. Sieminski asked to remove Ordinance No. 93 -21 from the Consent Agenda and place it on the Regular Meeting Agenda. Swartz asked to pull the minutes from the Consent Agenda so that they could be amended. Jones asked to move Resolution No. 93-066 from the Consent Agenda to the Regular Meeting Agenda. Crane added a proclamation designating "Paul Diener Appreciation Day" as Item No. 8 -G. The Regular Meeting Agenda and Consent Agenda were approved as amended by unanimous vote. Deputy City Clerk Jones read into the record the Consent Agenda Items that were approved or noted for information. 5. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the last assembly meeting. 6. CITIZENS' COMMENTS A. Agenda items not scheduled for public hearing None. B. Items other than those appearing on the agenda DUANE CHASE, 338 First Avenue, pastor of the United Methodist Church, stated that he had heard that some topless dancing would be happening in town and was concerned about ,how this would affect the community. He asked the Council to 143 City of Seward, Alaska City Council Minutes May 24, 1993 Volu 2 Page 143 introduce an ordinance to prohibit this sort of activity. He stated that Seward was a good, healthy place and he did not want to see the character of the town damaged. TOM OSBORNE,102 Madison, spoke in opposition to topless dancing in Seward and stated that this type of activity would be a drain on the resources of the community. CHARLES BALDWIN, 2nd and Madison, minister of the Assembly of God Church, spoke in opposition to topless dancing and other types of adult entertainment in Seward. He stated that Seward was a family town and this type of entertainment was not needed. He also stated that Seward had the right to place certain limitations on establishments selling alcohol. NINA DALEY, 235 Ballaine, noted the overcrowded conditions at the Small Boat Harbor. She stated that there had been vandalism, litter, and public nuisances in the harbor over the weekend and added that harbor patrons deserved protection from such nuisances in the harbor. BONNIE PERATA, Lots 8 and 9, Bear Lake Subdivision, asked that her property be deleted from the proposed Bear Lake Assessment District. She also noted her concern regarding the Borough's plan to reclassify certain lands for resource extraction, particularly that portion of Borough lands currently designated as the Iditarod Historic Trail KEVIN WALKER, Bear Lake Subdivision, Lot 2, commented on the proposed Bear Lake Assessment District. He recommended passage of the resolution and stated that he had no problem with excluding certain property owners. 7. APPROVAL OF MINUTES Swartz noted an error on Page 138 of the Minutes and asked that the first reference to "Sieminski" on the vote to approve Resolution No. 93 -060 be changed to read "Swartz." Swartz moved to approve the May 10, 1993, Regular Meeting Minutes as amended; the motion was seconded by White and carried by unanimous vote. 8. SPECIAL ORDERS AND PUBLIC HEARINGS A. Proclamation - Safe Boating Week Crane read a proclamation designating June 6 -12, 1993, as Safe Boating Week. B. Proclamation - Arco Jesse Owens Games Day Crane read a proclamation designating May 24, 1993, as Arco Jesse Owens Games Day. G. Taken out of order Crane read a proclamation designating Paul Diener Appreciation Day. 144 City of Seward, Alaska City Council Minutes May 24, 1993 Volume 29, Page 144 C. Commendation for Police Dispatcher Tody Toler Crane noted that Toler had performed in a professional manner during the burning of the W Lone Star and deserved special recognition for a job well done. D. Public Hearing - FY 1994 Budgets Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. VENTIS SCHAFER, 506 Fourth Street, noted that the lack of books at the Community Library affected local people personally, and she encouraged funding for additional books at the library. DOROTHY LOCKE, Mile 5, Seward Highway, spoke in support of library funding and addressed the second phase of the library's automation system. She noted that the first phase had been completed using volunteer efforts throughout the winter. She asked that the Council retain funding for this second phase. KEITH CAMPBELL, 1910 Forget Me Not Circle, speaking on behalf of the Chamber of Commerce as its interim director, commended the Council and stated that the proposed budget was ambitious. He noted that without dialogue from community the Council would be operating in a vacuum. He added that the Chamber would be presenting a proposal in June regarding the budget and hoped to work towards assisting the city with its programs and future projects. No one else appeared in order to be heard and the public hearing was closed. E. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending SCC § 5.20.030, resolution to proceed with assessment districts. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Krasnansky moved to enact Ordinance No. 93 -18; the motion was seconded by Swartz and carried by unanimous vote. F. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending SCC § 5.20.040, clarifying notice require- ments for assessment district hearings 145 City of Seward, Alaska City Council Minutes May 24, 1993 Volume 29, Page 145 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. Krasnansky moved to enact Ordinance No. 93 -19; the motion was seconded by Bencardino. The question was called and the Ordinance was enacted by unanimous vote. 9. PRESENTATIONS WITH PRIOR NOTICE ONLY A. John Waisanen State Devt of Transportation - Seward High Road Closure Schedule. John Waisanen reported on the scheduled road closures and noted that the road would be closed May 24, May 26, June 1 and June 3 from 8:00 p.m. until 6:00 a.m. with a brief opening each day from 1:30 a.m. until 2:00 a.m. White stated that he appreciated the notice to the community. B. R W Beck - Utility Rate Study. Barbara Sands and Dave Helsby presented the results of the rate study prepared by R. W. Beck on the electric, water and sewer utilities. In answer to a question from Krasnansky, Sands stated that the customer service rate would be changed to $15.00 per customer for those inside & outside the city. White asked about the reason was for changing this rate since it cost more to provide service outside city. Sands stated that there was no data to support the contention that it cost more to read or service meters outside the city limits. Krasnansky and Sieminski asked how the city's electrical utility compared to other utilities around the state. Diener stated that it was difficult to compare since each utility had a different structure. Diener outlined the differences in electric rates for various services as compared to Chugach Electric, Matanuska Electric and Homer Electric. He stated that the proposed rates for water and sewer were in line with those charged by Anchorage. Swartz asked if the cost for use of generators was included in rate study. Helsby replied that this cost was figured into the cost of service to the customer. He noted that the city should have a high enough ending fund balance to accommodate such emergen- cy service. Diener stated that a professional job had been done by R. W. Beck and thanked them for the presentation. Jones endorsed Diener s statement and asked the Council if it wished to conduct a work session to further address this issue. Council agreed that the report was well done and contained all needed information making a work session unnecessary. 146 City of Seward, Alaska City Council Minutes May 24, 1993 Volume 29, Page 146 Krasnansky commented on deferred maintenance and stated that the city needed to address this problem and begin to fund maintenance of property and equipment. RECESS The meeting was recessed at 9:05 p.m. and reconvened at 9:22 p.m. 10. ORDINANCES FOR INTRODUCTION A. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending SCC § 2.30.100, prohibiting family members of hospital employees from serving on the Com- munity Hospital Board. Krasnansky moved to introduce and set for public hearing Ordinance No. 93 -20; the motion was seconded by Bencardino. The question was called, and the Ordinance was introduced by unanimous vote. Public hearing was set for June 14, 1993. B. Copies having been made available to the public, Crane noted by title only a proposed ordinance entitled: An Ordinance of the City Council of the City of Seward, Alaska, amending SCC § 2.10.100, compensation of Council- members. Sieminski moved to introduce and set for public hearing Ordinance No. 93 -20; the motion was seconded by Darling. Swartz spoke in opposition to this ordinance and stated that these funds could be put to better use. Sieminski moved to amend Section 1 -A -1 to read $875 and Section 1 -A -2 to read &750 per month; the motion was seconded by Darling. White concurred with Swartz and stated that service on the City Council was volunteer job. Bencardino stated that he preferred to leave the ordinance as written at the $400 and $300 level of payment for the Mayor and members of the Council. Crane stated that, he was opposed to any increase in Councilmembers stipend. Krasnansky stated that he appreciated effort by Sieminski on principle but he agreed that an increased payment was not needed. 147 City of Seward, Alaska City Council Minutes May 24, 1993 Volume 29, Page 147 The question was called, and the amendment failed with all present voting NO. Crane moved to amend Ordinance No. 93 -20 by changing Section 2 to read "... following certification of the October 4, 1994, regular election ". the motion was seconded by Krasnansky and carried by unanimous vote. Krasnansky stated that, with this amendment, the increase in salary would not affect any current Councilmember unless he or she ran again. He stated that he would support this nominal increase for a future council. Swartz opposed any increase in salary and stated that she was glad to provide service to the community. Crane also commented that he could not support this ordinance. The question was called, and the Ordinance failed to be introduced, with Bencardino, Darling and Sieminski voting YES and Crane, Krasnansky, Swartz and White voting NO. 11. RESOLUTIONS A. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, determining to proceed with the special improve- ment district called the Bear Lake Assessment District. Deputy City Clerk Jones noted that action on this resolution had been postponed from the last meeting and a motion to adopt was on the floor. Tyler Jones noted that it was the opinion of the City Attorney and the Borough Attorney that would allow the city to form an assessment district outside the city limits. He further noted that neither the Code nor the Charter allow the city to install a private utility, i.e. the telephone system; however, the Borough does have that authority. Finally, he reported that individuals who wished to be excluded from the assessment district could be excluded either by waiver or deferral. The administration recommended excluding the Peratas by deferral. Krasnansky moved to grant a deferral of assessment of property described as Block 2, Lots 8 and 9, Bear Lake Subdivision, until said property was either sold, title was transferred, or service was requested; the motion was seconded by Bencardino. In response to a question from Sieminski, Jones stated that deferred assessment costs would accrue interest until paid. Jones clarified that an assessment was a means 1 -: City of Seward, Alaska City Council Minutes May 24, 1993 Volume 29, Page 148 of financing improvements, and the cost of the assessment included both principal and interest to all parties. In answer to a question from Krasnansky, Diener stated that the actual dollar amount of the assessments would be set by the Council after the cost of the improve- ments had been tallied at completion of the project. He noted that, once the amount of the assessment was set, each property owner would have the option of either paying the total assessment or making monthly payments, which would include interest, over a number of years. Mayor Crane opened the floor to Ms. Perata. She stated that she was not going to hook up to power and asked the Council to give them the option of a waiver from the assessment district. Jones stated that a if a waiver were granted, the balance of the assessment district would pick up the cost for the excluded property. Darling stated that the improvements would benefit and increase the value of the Peratas' property. Ms. Perata suggested paying the other property owners if they hooked UP to power at a later date. White stated that he favored deferral rather than a waiver of assessment. Darling concurred and stated that everyone must bear the cost of the assessment. Sieminski agreed with Darling but added that he would like to see a cap on the amount charged for the assessment. Krasnansky asked to withdraw his motion; the second declined. Bencardino stated that he would like to see a cap put on the cost so that it did not exceed that paid by other property owners. Crane stated that he could not vote in favor of the deferral at this time, and he objected to any process which would cause the city to incur debt for a private party. He voiced his concern that the Council was setting a precedent for future assessment districts. Swartz stated that perhaps the other property owners could absorb the cost, and if the Peratas hooked up, they could pay the cost which would then be reimbursed to the other property owners. Jones stated that this was outside of the city's purview. Bencardino stated that several people in the district had expressed their willingness to pick up the cost of the Peratas' assessment. Darling suggested assessing the, entire district and let the property, owners pay the Peratas` portion of the assessment on the side; Sieminski concurred. 149 City of Seward, Alaska City Council Minutes May 24, 1993 Volume 29, P age 149 The question was called on the amendment to defer the Perata property, and the motion carried with Bencardino, Darling, Krasnansky, Sieminski, Swartz and White voting YES and Crane voting NO. The question was called on the main motion, and Resolution No. 93 -061 was approved as amended with Bencardino, Darling, Krasnansky, Sieminski, Swartz and White voting YES and Crane voting NO. B. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving a contract with the Alaska Department of Public Safety for operation of the Seward Jail. Krasnansky moved to approve Resolution No. 93 -065; the motion was seconded by Bencardino and carried by unanimous vote. C. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving an employment agreement with City Manager Tyler Jones. Crane noted that an amended employment agreement (attachment to the resolution) had been distributed. He stated that the amended agreement changed the salary from $85,000 to $82,000, changed the rate of mileage to be reimbursed to "the amount allowed by the Internal Revenue Service for that purpose, and rewording of Section B of the contract to add a sentence saying that Jones would resign his employment with the city upon written request of four Councilmembers and payment of 90 days severance pay and to provide for a transition period at the end of which Jones would receive his severance pay. Krasnansky moved to amend the contract by inserting the original language contained in the Council Packet in Paragraph 7(b); the motion was seconded by Darling. In response to a question from Krasnansky, Jones stated that this language was inadvertently omitted in the original agreement. Krasnansky stated that he was concerned that a written request to resign from four Councilmembers would be a direct violation of the Open Meetings Acct. Jones stated that this language had been drafted by the attorney to make sure that there was no question whether Jones resigned at some point or that the Council had asked for the resignation. 150 City of Seward, Alaska City Council Minutes May 24, 1993 Volume 29, Page 150 He suggested changing the language to reflect that the request be signed at a Council meeting. Krasnansky stated that inserting "in a public meeting" would satisfy his concerns. Crane stated that he was comfortable with the language as rewritten and had confidence in the attorney to act in the city's best interest. Sieminski stated that the written notice would, in his mind, be brought forth at a Council meeting if four counciimembers voted to ask for the manager's recommendation. Krasnansky withdrew his motion; Darling concurred. Krasnansky moved to amend Paragraph 7(b) by inserting "in a public meeting" after "request"; the motion was seconded by White and carried by unanimous vote. The question was called, and Resolution No. 93 -066 was approved as amended by unanimous vote. D. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, authorizing the Parks and Recreation Department to accept funds for the Summer Youth Employment Training Program and appropriating said funds. Krasnansky moved to approve Resolution No. 93 -067; the motion was seconded by Bencardino and carried by unanimous vote. . E. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, appropriating funds to reimburse the Alaska Division of Lands to accomplish the transfer of state tidelands to the city of Seward. Krasnansky moved to approve Resolution No. 93 -068; the motion was seconded by Bencardino and carried by unanimous vote. F. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: 151 City of Seward, Alaska City Council Minutes Mau 24. 1993 Volume 29, P age 151 A Resolution of the City Council of the City of Seward, Alaska, accepting and appropriating grant funds from the U. S. Forest Service for economic development projects. Krasnansky moved to approve Reso lution No. 93 -069; the motion was seconded by Bencardino and carried by unanimous vote. G. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, awarding a contract to Swenson Construction for construction and installation of the city hall elevator. Krasnansky moved to approve Resolution No. 93 -070; the motion was seconded by Swartz and carved unanimously. H. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving a change order to the CH2M Hill contract for Lowell Point Sewage Lagoon project management. Krasnansky moved to approve Resolution No. 93 -071; the motion was seconded by Sieminski. Jones stated that there was a need to clarify responsibility for damage to the lagoon and to determine if the city could recover the cost of reconstruction from a third party. He stated that this contract amendment would enable an investigation to proceed to determine if anyone was responsible for the failure to the sewage lagoon. In response to a question from Bencardino, Gifford stated that, if the city discovered that a mechanical problem existed, the insurance company would pay; however, if the city failed to investigate, it would not be able to make this determination. Diener noted that two insurance companies were involved, and they had each stated that they would not pay unless there was solid proof to substantiate the claim. He stated that he did not know the potential for recovery. but the city's best bet was to collect from one of the insurance companies. The question was called and the resolution was approved by unanimous vote. RECESS The meeting was recessed at 11:00 p.m. and reconvened at 11:05 p.m. 152 City of Seward, Alaska City Council Minutes May 24, 1993 Volume 29, Page 152 I. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the .City Council of : the City of Seward, Alaska, approving a change order to the Ogden. Beeman, contract to assist in the implementation planning for the proposed B Street Doc, k. Krasnansky moved to approve Resolution No. 93 -072: the motion was seconded by Swartz and carried by unanimous vote. J. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, awarding a contract to R & M Consultants for design of the B Street Dock. Krasnansky moved to approve Resolution No. 93 -073: the motion was seconded by Swartz. The question was called and the resolution was approved by unanimous vote. K. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, approving signatures for the city's bank accounts. Krasnansky moved to approve Resolution No. 93 -074: the motion was seconded by Bencardino and carried by unanimous vote. 12. UNFINISHED BUSINESS A. Recommendations from the Ad Hoc Small Boat Harbor Parking Committee regarding paid parking in the four -hour lot Jones stated that Harbor Parking Committee had reconvened to addressed parking issues in the Small Boat Harbor. He noted that he had met with Ray Simutis and had estimated the cost of enforcement and signage of parking in the Small Boat Harbor to be approximately $21,000 for this year which would be offset by approximately $10,000 in fines paid for parking. Jones stated that the Harbor merchants had agreed to split the $11,000 in real costs and pay to the city $5500 as its contribution to parking in the harbor. He added that the Small Boat Harbor parking situation would be reviewed,once again by the Parking Committee in the Fall, and new recommendations _would be forthcoming once that review process was completed. 153 City of Seward, Alaska City Council Minutes May 24, 1993 Volume 29, Page 153 Swartz stated that there was a parking problem in the harbor, and someone had to pay the cost of maintenance of the parking facilities. She noted that the parking committee had addressed paid parking as a revenue item to provide for this mainte- nance. Sieminski stated that if the $5,500 was actually paid by the harbor merchants, he would have no objection to this plan. Jones stated that Ray Simutis had made a personal commitment to pay the $5,500, and he promised to report to Council again after speaking to Simutis. White stated that the harbor was already congested although it was very early in the season. He stated that, if the city lots became paid parking, eventually more lots could be created or private enterprise could develop paid parking. White stated that paid parking must be considered by the Council. Jones agreed that a long term solution was to consider paid parking in the central lots of the Small Boat Harbor. Bencardino objected to charging for parking in the central lot but agreed that setting up paid parking for the longer term lots would encourage the development of private parking lots. 13. NEW BUSINESS A. Request for authorization to issue an annual mgermit to two RV Ca Park operators for use of Lot 2, Block 7 Oceanview Subdivision as a mutual driveway entrance location for entrance signs and a public picnic area Krasnansky moved to issue an annual permit, to two RV Camper Park operators for use of Lot 2, Block 7, Oceanview Subdivision, as a mutual driveway entrance, location for entrance signs and a public picnic area; the motion was seconded by Bencardino and carried by unanimous vote. 14. CITY MANAGER REPORTS JONES stated that he had been invited to a series of meetings regarding access to Whittier. He noted that the Department of Transportation had given this project a high priority for this year. Jones stated that he would provide an overview for the Council at a later meeting. JONES stated that he hoped to bring a Nash Road Small Boat Harbor agreement to Council for consideration on June 14th. JONES noted that he had attended two meetings with the Department of Transportation regarding Small Boat Harbor management, levels of service, maintenance and the dedication of funds to the Harbor. 154 City of Seward, Alaska City Council Minutes May 24, 1993 Volume 29, Page 154 JONES requested a special meeting to accept $15,000 from the state to make ADA- mandated improvements to the ferry terminal. A special meeting was scheduled for 7:00 p.m. on Tuesday, May 25, 1993, to accept the $15,000 from the state of Alaska. 15. COUNCIL DISCUSSION DARLING asked if the State Department of Transportation would repair the manholes on Third Avenue. Jones agreed to check. -on this and report back to the Council. BENCARDINO stated that the campgrounds along the highway look great. WHITE stated that Whittier had received $15 million in settlement funds from Exxon. White thanked Diener for his service to the community and welcomed Jones as city manager. White also noted that the Port Development Committee had not been renewed this year, and he asked if the Council had any objection to combining this board with the Trade Board. JONES responded that the consensus of the two groups was to merge into one Board of nine members. He stated that this issue would be coming back to the Council on June 14th. SWARTZ asked how much area would open up in Whittier with the planned access changes. Jones stated that the materials he would distribute would answer this question. He agreed that it did not make economic sense to open up Whittier just for the 200 or so residents of the area.. However, if the purpose was,to open, Whittier to the residents of Southcentral Alaska, it did make sense. KRASNANSKY stated that he would like to ask the Planning Commission to review Seward City Code § 9.05.26 (dog kennels) and consider changing the minimum number of animals which could be housed outside a kennel from three to four. KRASNANSKY requested that the City Attorney be asked to address City Code § 10.25.010 (4) in light of recent court decisions regarding freedom of expression and the city's right to prohibit such activities. KRASNANSKY stated that he had received a request from KSWD regarding the stations desire to broadcast meetings of city. He asked that this be added to the next meeting's agenda for discussion since the radio would charge for this service. CRANE noted that June 5th was National Trails Day commemorating the 25th anniversary of the National Trails System Act. CRANE noted that a town meeting to discuss the budget was scheduled for Monday, June 7, 1993, at 7:00 p.m. City of Seward, Alaska May 24, 1993 City Council Minutes Volume 29, Page 155 CRANE noted that Planning Commissioner Carpenter had volunteered to serve on the Borough Planning Commission as the city's representative. 16. CITIZENS' DISCUSSION MARGARET ANDERSON, 200 Marathon Drive, asked when the public would be allowed to address the budget. Crane stated that the public was welcomed to attend the budget work session and participate in the discussions. Anderson stated that both the hospital and the Chamber would be asking for additional city funds. She noted that, if the budget was to be funded through sales and property taxes, she would be opposed to it. She noted that there were many special interest groups, but the city needed to look for other sources of income. RANDY MACFARLAND, 232 Fifth Avenue, stated that at the most recent parking committee meeting, he had talked to 12 of the 17 people present, and no one had heard of the Harbor Merchants Association. He stated that the merchants were volunteering funding for parking and objected to putting a time limit on receipt of these funds. MacFarland stated that the committee had done an excellent job, and he hated to see this project start all over again. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None 18. ADJOURNMENT The meeting was adjourned at 12:08 a.m. f fJ ) yy I Dave W. Crane Mayor &a (City Sea4.. 9� City of Seward, Alaska City Council Minutes May 25, 1993 Volume 29, Page 156 1. CALL TO ORDER The May 25,1993, special meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Councilmember Bencardino led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis Bencardino Hugh Darling James Krasnansky Bruce Sieminski Karen A. Swartz Dale White comprising a quorum of the Council; and Tyler Jones, Interim City Manager Y , ` Michael Yanez, Assistant City Manager Patricia Jones, Deputy City Clerk 4. APPROVAL OF SPECIAL MEETING AGENDA Krasnansky moved to approve the Special Meeting Agenda as presented; the motion was seconded by Bencardino and carried by unanimous vote. 5. CITIZENS' COMMENTS A. Agenda items not scheduled for public hearing None B. Items other than those appearing on the agenda None 6. RESOLUTIONS A. Copies having been made available to the public, Crane noted by title only a proposed resolution entitled: A Resolution of the City Council of the City of Seward, Alaska, accepting funds from the Department of Transporta- tion and Public Facilities to complete improvements to the Ferry Terminal Building in compliance with the Americans with Disabilities Act (ADA) and appropriating said funds. 157 City of Seward, Alaska City Council Minutes May 25 1993 Volume 29, Page 157 Krasnansky moved to approve Resolution No. 93 -075; the motion was seconded by Swartz and carried by unanimous vote. 7. CITY MANAGER REPORTS JONES noted the following changes in the Council's work session and meeting schedule: June 27th Work Session - Complete budget review June 3rd Town Meeting - Present budget to public and take public comment June 7th Special Meeting - Act on FY 1994 budgets 8. COUNCIL DISCUSSION None 9. CITIZENS' DISCUSSION None 10. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None 11. ADJOURNMENT The meeting was adjourned at 7:42 p.m. Dave W. Crane Mayor 158 City of Seward, Alaska June 14, 1993 City Council Minutes Volume 29, Page 158 1. CALL TO ORDER The June 14,1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Hugh Darling Bruce Sieminski Dale White Tyler Jones, City Manager Michael Yanez, Assistant City Manager Brad Meyen, City Attorney Linda S. Murphy, City Clerk 4. APPROVAL OF AGENDA AND CONSENT AGENDA Krasnansky moved to approve the Regular Meeting Agenda and the Consent Agenda as presented; the motion was seconded by White. Darling requested that Resolution Item D be moved to the regular meeting agenda. Sieminski requested that Resolution Item C be moved to the regular meeting agenda. The question was called, and the agenda was approved as amended by unanimous vote. The clerk read aloud the approved consent calendar items. 5. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly was not present and no report was given. 159 City of Seward, Alaska City Council Minutes June 14, 1993 Volume 29, Page 159 6. CITIZENS' COMMENTS A. Agenda items not scheduled for public hearing None B. Items other than those avvearin &on the agenda None 7. APPROVAL OF MINUTES Krasnansky moved to approve the May 24 and 25, 1993, meeting minutes as presented; the motion was seconded by White and carried by unanimous vote. S. SPECIAL ORDERS AND PUBLIC HEARINGS A. Resolution No. 93 -076 - Adopting the city operating budget for the fiscal year beginning July 1, 1993. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. JOLENE KING, 900 Third Avenue, dba Harborview Bed and Breakfast, objected to the proposed bed tax. She asked that all proprietors with eight or less rooms for rent on a transient basis be exempt from the bed tax if it were approved. She noted that Anchorage exempts B &B's from its bed tax. DON HOLLAND, 320 Sixth Avenue, representing the Breeze Inn, expressed his opposition to the proposed bed tax and the proposed seat tax. He noted that visitors already contribute to the services they use through the city's sales tax. TOM TOUGAS, 1907 Dora Way, operator of Kenai Fjords Tours, stated that he had no clear understanding of how the "head" tax would be implemented. He stated that he recognized the need for some sort of tax; however the day cruisers already charged the full city sales tax for fares. He objected to targeting the visitor industry with a special tax and stated that the Council should spread the tax more evenly among all tax payers. PAT O'BRIEN, 440 Fourth Avenue, stated that he had received many phone calls from the public regarding the budget and the budget process. He stated that he had put together a package of proposed cuts and "add -ins" the public desired. He distributed a hand -out outlining the proposal. BRAD SNOWDEN, 525 Sixth Avenue, stated that the city had just hired a good city manager. He suggested that any new taxes be instituted for one year only to give the new city manager time to see how he could make things work without the tax increase year after year. 160 City of Seward, Alaska City Council Minutes June 14, 1993 Volume 29, Page 160 No one else appeared in order to be heard, and the public hearing was closed. Krasnansky moved to approve Resolution No. 93- 076; the motion was seconded by white. Darling moved to adopt the proposed budget amendments submitted by O'Brien as follows; ADD: WGN -TV ($1,500) 7- Months Teen Center ($42,000) Senior Citizens Center Donation ($1,000) Museum Donation ($1,000) Sand Truck ($22,639) City Clerk travel to AML Legislative Committee Meetings ($2,000) Mayor & Council travel to AML ($1,500) Obihiro Delegation ($4,500) Chamber Donation ($25,000) City Clerk half -time position ($15,646.50) Remodel Deputy City Manager and Community Development offices for City Manager ($5,000) Enlarge Council Chambers ($20,000) DELETE: Eliminate Port Marketing budget ($60,000) Eliminate Deputy City Manager position ($76,740) Cut Parks & Recreation Administration ($5,000) The motion was seconded by Bencardino. Darling stated that most of the items suggested were the same things the public had addressed. Swartz stated that she, too, had quite a number of calls regarding the proposed cuts. She noted that there was resentment among the public regarding the size of the city's middle management, adding that the budget included more high paying jobs than a city like Seward could afford. Swartz stated that she had always believed in funding for Parks & Recreation; however, many of her constituents thought the Parks and Recreation budget should be cut. Crane noted that he could approve some of the suggested additions to the budget. He objected to the remodel of Council Chambers and stated that he would rather see this money put into making ADA- required improvements or upgrades in the Harbor. He also objected to remodeling offices for the City Manager. Crane noted that AML would be meeting in Kenai this fall, and any members of Council wishing to attend could pay their own way. Crane noted that both he and the Cleric had discussed limiting their participation in the AML Legislative Committee after attending meetings during the 161 City of Seward, Alaska City Council Minutes June 14, 1993 Volume 29, Page 161 winter which were not productive. He also noted that he did not wish to eliminate the Deputy City Manager's position. He objected to giving more work to the Clerk without discussing this with her. The question was called, and the amendment failed with Bencardino, Darling and Swartz voting YES and Crane, Krasnansky, Sieminski and White voting NO. White moved to add $42,000 to the budget for the Teen Center and $22,639 for the purchase of the sand truck and to increase revenues from leased lands to cover these costs; the motion was seconded by Crane. Krasnansky moved to divide the question; the motion was seconded by Sieminski and carried by unanimous vote. The question was called on the motion to add $42,000 to the budget to fund the Teen Center, and the motion failed with Bencardino, Swartz and White voting YES and Crane, Darling, Krasnansky and Sieminski voting NO. The question was called on the addition of $22,639 to the budget to purchase the sand truck, and the motion was approved by unanimous vote. The question was called on the motion to cover the cost of the addition of the sand truck from leased land revenues, and the motion was approved with six YES votes and Krasnansky voting NO. Swartz moved to amend by adding $1,500 to the budget for WGN -TV, $1,000 each to the Senior Citizens and the Museum, and $4,500 for the Obihiro delegation; the motion was seconded by Bencardino. Krasnansky moved to divide the question; the motion was seconded by Bencardino and carried without objection. Krasnansky noted that he could not support these additions without some indication of where the revenues to fund them would be derived. The question was called on the motion to add $1,500 for WGN -TV, and the motion carried with Bencardino, Sieminski, Swartz and White voting YES and Crane, Darling and Krasnansky voting NO. The question was called on the motion to add $1,000 to the budget for a donation to the Senior Citizens, and the motion carried with Bencardino, Darling, Swartz and White voting YES and Crane, Krasnansky and Sieminski voting NO. 162 City of Seward, Alaska City Council Minutes June 14, 1993 Volume 29, Page 162 The question was called on the motion to add $1,000 to the budget for a donation to the museum, and the motion failed with Bencardino, Darling and Swartz voting YES and Crane, Krasnansky, Sieminski and White voting NO. The question was called on the motion to add $4,500 to the budget to fund activities for the visiting Obihiro delegation, and the motion carried with Bencardino, Crane, Darling, Sieminski and Swartz voting YES and Krasnansky and White voting NO. Krasnansky moved to amend the budget to reflect an increase of one percent in the sales tax; the motion was seconded by Crane and failed with Crane and Krasnansky voting YES and Bencardino, Darling, Sieminski, Swartz and White voting NO. RECESS The meeting was recessed at 5:35 p.m. and reconvened at 5:45 p.m. Sieminski moved to instruct the city manager to fund $42,000 for the Teen Center operations within the existing Parks & Recreation Budget; the motion was seconded by Swartz. Jones stated that he appreciated Sieminski's concerns. He stated that the elimination of the Teen Center was,proposed because Council had encouraged cutting programs which were not revenue generators. He stated that, in addition, this program had high prospects of attracting other kinds of community support. The question was called, and the amendment failed with Bencardino, Sieminski and Swartz voting YES and Crane, Darling, Krasnansky and.White voting NO. White moved to add a one -half percent sales tax to the revenues in the general fund budget; the motion was seconded by Crane ,and failed, with Crane and White voting YES and Bencardino, Darling, Krasnansky, Sieminski and Swartz voting NO. Krasnansky stated that he would like to find a way to add the half -time position in the Clerk's Department. Murphy stated that, although she would appreciate the extra help, there were other areas of the budget which needed the funds. She noted that she would be transferring supervision and support of the receptionist.position to the Finance Department which would free approximately 25% of the Deputy Clerk's time for Clerks Department activities and projects. Sieminski asked if the Engineering Department budget contained funding for the City Engineer. Jones stated that the personnel line item reflected two salaries including that of Manager of Engineering and Utilities. Swartz stated that she would like to impose a spending freeze through the end of the current fiscal year.. Jones, stated that, he would, commit to assuring that all 163 City of Seward, Alaska City Council Minutes June 14, 1993 Volume 29, Page 16 purchase orders approved through the end of the fiscal year would be for budgeted items. Crane moved to amend revenues by raising campground fees to $8.00, effective January 1, 1994, to match the state level; the motion was seconded by Krasnansky. Swartz suggested imposing the new rate as of July 1st, or as soon as possible. Darling stated that if the city had published rates, it should wait to raise these rates until the end of the season. The question was called, and the amendment was approved by unanimous vote. Bencardino moved to postpone action on this resolution until a special meeting to be conducted Friday, 06/18/93 at 7:00 p.m.; the motion was seconded by Darling. Krasnansky stated that the Council owed it to the administration to approve a budget. He stated that the budget would not work by adding expenses and failing to enhance revenues. He noted that, although this was not an optimal budget, the administration thought that it was workable, and the Council owed it to the administra- tion to approve the budget tonight. Murphy noted that the budget must be approved at a regular meeting. Jones stated that the administration could work with the amendments made thus far. The motion to postpone was withdrawn. Krasnansky moved that when the meeting adjourned, that it adjourn to Friday at 7:30 p.m. in Council Chambers; the motion was seconded by Darling and carried by unanimous vote. Krasnansky moved to adjourn; the motion was seconded by Crane and failed with Krasnansky voting YES and Bencardino, Crane, Darling, Sieminski, Swartz and White voting N®. Darling moved to table Resolution No. 93 -076; the motion was seconded by White. RECESS The meeting was recessed at 10:10 p.m. and reconvened at 11:00 p.m. The question was called, and the motion to approve the resolution as amended was tabled. B. Resolution No. 93 -077 - Adopting the Harbor Fund enterprise budget for the fiscal year beginning July 1, 1993. 164 City of Seward, Alaska City Council Minutes June 14, 1993 Volume 29, Page 164 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to approve Resolution No. 93 -077; the motion was seconded by Mute. Darling moved to table Resolution No. 93 -077; the motion was seconded by White and carried by unanimous vote. C. Resolution No. 93 -078 - Adopting the Electric Fund enterprise budget for the fiscal year beginning July 1, 1993. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. PAT O'BRIEN, 440 Fourth Avenue, stated that the R.W. Beck Utility Rate Study was predicated on the budget currently under consideration and which included a couple of large one time only expenses. He stated that these expenses should not have been included in the study upon which new rates were based. He asked the Council to consider backing out the one -time capital improvement costs from the study. Acting Manager of Engineering & Utilities Calvert stated that R. W. Beck took into account past years' budgets as well as the one proposed for this year and based the proposed rates on historical data, planned expenses for this year and the utilities future needs. Finance Director Gifford stated that the rate study recommended that $250,000 be set aside each year for infrastructure replacement and maintenance. He noted that this year's $250,000 was being put into the projects previously noted. Calvert noted that the $250,000 figure represented only one -half the amount recommended by Beck. No one else appeared in order to be heard, and the public hearing was closed. Krasnansky moved to approve Resolution No. 93 -078; the motion was seconded by Sieminski. The question was called, and the resolution was approved by unanimous vote. D. Resolution No. 93 -079 Adopting the Water and Sewer Fund enterprise budget for the fiscal year beginning July 1, 1993. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. 165 City of Seward, Alaska City Council Minutes June 14, 1993 Volume 29, Page 165 Krasnansky moved to approve Resolution No-'93-079 the motion was seconded by Swartz. The question was called, and the resolution was approved by unanimous vote. E. Resolution No. 93 -080 - Adopting the Motor Pool Internal Service Fund budget for the fiscal year beginning July 1, 1993. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to approve Resolution No. 93 -080; the motion was seconded by Darling. Sieminski moved to table the resolution; the motion was seconded by Bencardino and carried by unanimous vote. F. Resolution No. 93 -081 - Adopting the Seward General Hospital Fund budget for the fiscal year beginning July 1, 1993. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to approve Resolution No. 93 -081; the motion was seconded by Darling. The question was called, and the resolution was approved with Bencardino, Crane, Darling, Krasnansky, Sieminski and White voting YES and Swartz voting NO. G. Resolution No. 93 -082 - Adopting the Capital Budget Plan for the three fiscal years beginning July 1, 1993. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to approve Resolution No. 93 -082; the motion was seconded by Darling. The question was called, and the resolution was approved by unanimous vote. H. Ordinance No. 93 -20 - amending Seward City Code § 2.30.110, prohibiting family members of hospital employees from serving on the Community Hospital Board. 166 City of Seward, Alaska City Council Minutes June 14, 1993 Volume 29, Page 166 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to enact Ordinance No. 93 -20; the motion was seconded by White. The question was called, and Ordinance No. 93 -20 was enacted with Bencardino, Crane, Darling, Krasnansky, Swartz and White voting YES and Sieminski voting NO. 9. PRESENTATIONS WITH PRIOR NOTICE ONLY None 10. ORDINANCES FOR INTRODUCTION A. Ordinance No. 93 -22 - revising the Council agenda format. Krasnansky moved to introduce proposed Ordinance No. 93 -22; the motion was seconded by White and carried by unanimous vote. Public hearing was scheduled for June 28, 1993. B. Ordinance No. 93 -23 - amending Seward City Code Chapter 2.30 to provide for the establishment of the Port and Commerce Advisory Board. Krasnansky moved to introduce proposed Ordinance No. 93 -23; the motion was seconded by White and carried by unanimous vote. Public hearing was scheduled for June 28, 1993, 11. RESOLUTIONS A. Resolution No. 93 -083 - awarding a contract to Alaska General Alarm for design and installation of a fire alarm system for Seward General Hospital. Krasnansky moved to approve Resolution No. 93 -083; the motion was seconded by White and carried by unanimous vote. B. Resolution No. 93 -084 - awarding a contract to Afognak Logging to provide gravel and grading for Waterfront Park. Krasnansky moved to approve Resolution No. 93 -084; the motion was seconded by White. The question was called, and the resolution was approved with Bencardino, Crane, Darling, Krasnansky, Swartz and White voting YES and Sieminski voting NO. C. Resolution No. 93 -085 authorizing the city manager to enter into an agreement for settlement of the contract.dispute between AB& I Contractors and the city for a mutually agreed upon figure of $20,000. 167 City of Seward, .Alaska City Council Minutes June 14, 1993 Volume 29, Page 167 Swartz moved to approve Resolution No. 93 -085; the motion was seconded by White and carried by unanimous vote. D. Resolution No. 93 -086 authorizing the city manager to enter into a contract with Big -M Corporation for the design and construction of oil containment facilities at the Fort Raymond Substation and appropriating funds. Darling moved to approve Resolution No. 93 -086; the motion was seconded by Swartz. Darling questioned the need for a contingency on a fixed price contract. Calvert stated that the 5% contingency would cover any problems which might occur. The question was called, and the resolution was approved with Bencardino, Crane, Krasnansky, Sieminski, Swartz and White voting YES and Darling voting NO. E. Resolution No. 93 -087 - approving the sublease of the Silver Salmon Derby Booth from the Chamber of Commerce to Ron Cordle, dba Truly Alaskan. Krasnansky moved to approve Resolution No. 93 -087; the motion was seconded by White and carried by unanimous vote. F. Resolution No. 93 -088 - accepting an ALPAR grant and a borough grant for litter control and city beautification and appropriating funds. Krasnansky moved to approve Resolution No. 93 -088; the motion was seconded by White and carried by unanimous vote. G. Resolution No. 93 -089 - amending the electrical tariff. Krasnansky moved to approve Resolution No. 93 -089; the motion was seconded by White. Sieminski moved to table the resolution; the motion was seconded by Swartz and carried with Bencardino, Sieminski, Swartz and White voting YES and Crane, Darling and Krasnansky voting NO. H. Resolution No. 93 -090 - amending the water tariff. Krasnansky moved to approve Resolution No. 93 -090; the motion was seconded by White. The question was called, and the resolution was approved by unanimous vote. 1. Resolution No. 93 -091 amending the sewer tariff. • �• City of Seward, Alaska City Council Minutes June 14, 1993 Volume 29, Page 168 Krasnansky moved to approve Resolution No. 93- 091; the motion was seconded by Bencardino. The question was called, and the resolution was approved by unanimous vote. J. Resolution No. 93- 092 - 'amending the Small Boat Harbor Tariff, the General Terminal Tariff and the SMIC Shiplift Tariff. Krasnansky moved to approve Resolution No. 93 -092; the motion was seconded by White. White moved to table the resolution; the motion was seconded by Bencardino and carried by unanimous vote. 12. UNFINISHED BUSINESS None 13• NEW BUSINESS A. Application for permit for games of chance and skill as filed by Alaska State Hospital and Nursing Home Association Noted for information. 14. CITY MANAGER REPORTS No report 15. COUNCIL DISCUSSION CRANE wished Deputy Clerk Patricia Jones well and wished her a speedy recovery. 16. CITIZENS' DISCUSSION None 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None 18. ADJOURNMENT The meeting was adjourned at 11:35 p.m. until Friday, June 18, 1993, beginning at 7:30 p.m. in the Council Chambers. f 1 L �z MR1 i )rlxr� V)-: Dave W. Crane Mayor 169 City of Seward, Alaska City Council Minutes June 18, 1993 Volume 29, Page 169 1. CALL TO ORDER The June 18, 1993, adjourned meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. ROLL CALL There were present: Dave W. Crane, presiding, and Louis Bencardino James Krasnansky Karen A. Swartz Hugh Darling Bruce Sieminski Dale White comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Assistant City Manager Linda S. Murphy, City Clerk 3. RESOLUTIONS PENDING [Tabled 06 /14/93] A. Resolution No. 93 -076, adopting the city operating budget for the fiscal year beginning July 1, 1993. Krasnansky moved to take Resolution No. 93 -076 from the table; the motion was seconded by White and carried by unanimous vote. Krasnansky moved to amend the budget by adding a one percent sales tax increase to revenues; the motion was seconded by Crane and failed with Crane, Krasnansky and White voting YES and Bencardino, Darling, Sieminski and Swartz voting NO. Krasnansky moved to amend the budget by deleting the contribution to WGN- TV; the motion was seconded by Crane and failed with Crane and Krasnansky voting YES and Bencardino, Darling, Sieminski, Swartz and White voting NO. Swartz moved to amend the budget by adding $42,000 for winter operation of the Teen Center; the motion was seconded by Bencardino. White stated that he would like to see monies appropriated for the Teen Center, but he could not support this addition until a revenue source was identified. Bencardino stated that it should be up to the administration to fund the Teen Center from existing funds by making cuts elsewhere. 170 City of Seward, Alaska City Council Minutes June 18, 1993 Volume 29, Page 170 The question was called, and the amendment failed with Bencardino and Swartz voting YES and Crane, Darling, Krasnansky, Sieminski and White voting NO. Darling moved to delete $80,000 from the Engineering personal services budget, add $42,000 for operation of the Teen Center, add $25,000 for a donation to the Chamber of Commerce, add $1,000 for a donation to the Museum, and place any additional funds in the unallocated reserves account; the motion was seconded by Bencardino. Darling stated that he would like to see the positions of City Engineer and Utilities Engineer combined. Jones stated that he had reviewed these two positions and had determined that there was a prospective $51,000 savings which could be realized by failing to fill the civil engineer position. He noted that, even if the position were not filled, there would still be a need to have some civil engineering work done, and this work, whether performed by the Utilities Engineer or contracted out, would be charged against the Engineering budget. Darling moved to amend his original motion by deleting the $42,000 for Teen Center operations and by striking out "$80,000" and inserting 151,000'; the motion was seconded by Bencardino. White stated that he could not support funding for Chamber advertising at the price of losing the City Engineer position. Krasnansky agreed and stated that the Chamber should look to its own membership for these funds. Darling noted that these funds would not be earmarked for advertising but would be used to offset other costs to the Chamber. Sieminski stated that he could support some funding for the Chamber, but he could not support this motion. Krasnansky noted that the City Engineer position would have to be filled eventually, and the city should budget for it at this time. Darling disagreed. He stated that the current staffing level originated during a time when the city had numerous capital projects in progress. He stated that the city no longer needed this level of support in the Engineering Department and could provide whatever civil engineering that was needed from consultants. White reminded the Council that when engineering services were contracted in the 80's, the city's engineering services sometimes exceeded $1 Million annually. Sieminski stated that he did not object to reorganizing a department, but he did not like chopping away at the budget in this fashion. Crane concurred. He stated that the Council was attempting to micro - manage and was making decisions without knowing the ramifications of the cuts being proposed. Crane also stated that the Chamber had objected to the city s original suggestion to raise revenues and had suggested that the city cut the fat from its budget instead. He suggested that it was time for the Chamber to cut back or restructure rather than come to the city for money. 171 City of Seward, Alaska City Council Minutes June 18, 1993 V 2 Page 171 Darling stated that he was not attempting to micro - manage the city but was trying to rid the city of a dinosaur that dated back to dinosaur days. Swartz also disagreed with Crane. She stated that it was the Council's job to delve into the budget until it was satisfied with the end results. The question was called, and the secondary amendment failed with Bencardino, Darling and Swartz voting YES and Crane, Krasnansky, Sieminski and White voting NO. Swartz moved to fund the Teen Center through imposition of the new camper fees by July 1, with the balance needed to fund the Center to come from Harbor Lease Revenues; the motion was seconded by Bencardino. Parks & Recreation Director Sturdy stated that she was researching statewide revenues. She also noted that the city, practically speaking, could not institute new rates on July 1st. The motion was withdrawn. The question was called on the primary amendment, and the motion failed with all present voting NO. Krasnansky moved the previous question; the motion was seconded by Crane and failed with Crane, Krasnansky and Sieminski voting YES and Bencardino, Darling, Swartz and White voting NO. White moved to amend the budget by taking the $7800 in campground revenues for next year, increase the Harbor Lease Revenues to $50,000, add $32,000 for Teen Center operations and $1,000 for a donation to the Museum; the motion was seconded by Swartz. In response to Sieminski's contention that the City Manager could divert the Teen Center Funds to any area of the Parks and Recreation budget he wished, White stated that he would expect the city manager to follow the Council's wishes when funds were specifically earmarked for a certain project or program. Jones spoke in opposition to continuing to dilute the Harbor Fund Revenues to fund general government. White responded that the administrations proposal to make the harbor whole was too aggressive. He objected to increasing what were already the highest harbor rates in the state and diverting revenues which had traditionally been used to fund general government to the harbor fund. The question was called, and the motion failed with Bencardino, Swartz and White voting YES and Crane, Darling, Krasnansky and Sieminski voting NO. 172 City of Seward, Alaska City Council Minutes June 18, 1993 Volume 29, Page 172 Crane moved to amend the budget by adding $1,000 for a donation to the Museum; the motion was seconded by Bencardino and carried with Bencardino, Crane, Darling, Sieminski, Swartz and White voting YES and Krasnansky voting NO. RECESS The meeting recessed at 8:55 p.m. and reconvened at 9:05 p.m. Crane moved to amend the proposed budget as follows: 1. Reduce Harbor Lease Revenues to the General Fund in the amount of $22,639; 2. Add $25,000 for a donation to the Chamber of Commerce; 3. Add $10,000 for street maintenance; 4. Add $42,000 for operation of the Youth Center for 7 months; 5. Reduce the Parks & Recreation Department's Personnel budget by $10,000; 6. Reduce the Engineering Personnel budget by $51,000; and 7. Institute a one percent sales tax increase effective October 1, 1993. The motion was seconded by Bencardino. The question was called, and the amendment was approved with Bencardino, Crane, Krasnansky and White voting YES and Darling, Sieminski and Swartz voting NO. The question was called on the main motion, and Resolution No. 93-076 was approved as amended with Bencardino, Crane, Darling, Krasnansky and White voting YES and Sieminski and Swartz voting NO. B. Resolution No. 93 -077, adopting the Harbor Fund enterprise budget for the fiscal year beginning July 1, 1993. Krasnansky moved to remove Resolution No. 93 -077 from the table; the motion was seconded by White and carried by unanimous vote. White moved to amend the harbor budget by increasing the additional harbor workers to two, adding one full -time office clerk and eliminating all but $20,000 of the port marketing budget and designating this $20,000 for contracted services; the motion was seconded by Krasnansky. In response to a question from Jones, White stated that he objected to $50,000 in personnel costs to fund a secretary for port marketing support. He noted that the additional office clerk in the harbor could handle this work at less cost to the city. Jones stated that, when hired, it was his expectation that he would be doing a fair amount of port marketing. It was not his expectation that support for this function would come from the existing staff within the city manager's office. He noted that to assume that a clerical position in the harbor could perform at the level of an administra- 173 City of Seward, Alaska City Council Minutes June 18, 1993 Volume 29, Page 173 tive staff person was not correct. He stated that he hoped to attract someone interested in specializing in the area of port marketing. White noted that he was attempting to add additional harbor workers to address the much needed maintenance in the harbor. He objected to cutting these positions when everyone agreed that maintenance was critical. Jones noted that these cuts had been made as a result of the Council's desire to split harbor lease revenues between the harbor fund and the general fund. Swartz also noted the need to make repairs in the harbor and to make improve- ments that were visible to the public. Jones stated that the administration was not insensitive to these concerns. He noted that the city would be doing a number of visible improvements with the expanded harbor worker staff. He stated that the Council must make a decision regarding whether or not it wished to continue to market the port of Seward. He stated that, to be involved in this on a continuous basis would not be possible without a budget and appropriate staff, and that would send a signal from which it would be difficult for Seward to recover. He added that his effectiveness would be greatly reduced if he did not have the staff to work with on this special mission. The question was called, and the amendment failed with Sieminski, Swartz and White voting YES and Bencardino, Crane, Darling and Krasnansky voting NO. The question was called on the main motion, and Resolution No. 93-077 was approved with Bencardino, Crane, Darling, Krasnansky, Sieminski and White voting YES and Swartz voting NO. C. Resolution No. 93 -080, adopting the Motor Pool Internal Service Fund budget for the fiscal year beginning July 1, 1993. Krasnansky moved to remove Resolution No. 93 -080 from the table; the motion was seconded by White and carried by unanimous vote. The question was called, and Resolution No. 93- 080 was approved by unanimous vote. D. Resolution No. 93 -089, amending the electrical tariff. Krasnansky moved to remove Resolution No. 93 -089 from the table; the motion was seconded by White and carried by unanimous vote. Krasnansky stated that he felt bound to vote in favor of this resolution because of Code and Charter provisions demanding that enterprise funds of the city. pay for themselves. Krasnansky noted that, at one time, there was an interest in seeking preliminary dialogue regarding an electrical cooperative. He added that the city had not 174 City of Seward, Alaska City Council Minutes June 18, 1993 Volume 29, Page 174 yet established whether a sale of the utility would be to anyone's benefit or would represent a loss to the city. The question was called, and Resolution No. 93-089 was approved by unanimous vote. E. Resolution No. 93 -092, amending the Small Boat Harbor Tariff, the General Terminal Tariff and the SMIC Shiplift Tariff. Krasnansky moved to remove Resolution No. 93 -092 from the table; the motion was seconded by White and carried by unanimous vote. The question was called, and Resolution No. 93 -092 was approved with Bencardino, Crane, Darling, Krasnansky, Sieminski and Swartz voting YES and White voting NO. 4. ADJOURNMENT The meeting was adjourned at 10:00 p.m. 4, r ! , Ms <" 0 , 7 IN , MINWT i City Council Minutes Volume 29, Page 174 ' CW I ORDER T-M'7une 28, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Walker led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino Hugh Darling James Krasnansky Bruce Sieminski Karen A. Swartz 175 City of Seward, Alaska City Council Minutes June 28, 1993 Volume 29, Page 175 comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Assistant City Manager Linda S. Murphy, City Clerk ABSENT was: Dale White (excused) 4. APPROVAL OF AGENDA AND CONSENT AGENDA Krasnansky moved to approve the Regular Meeting Agenda and the Consent Agenda as presented; the motion was seconded by Bencardino. Krasnansky asked to formally add Item C to New Business. [The Chamber request for a fireworks permit was inadvertently omitted from the agenda published in the Phoenix Log The question was called, and the agenda was approved as amended by unanimous vote. 5. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the last assembly meeting. 6. CITIZENS' COMMENTS A. Agenda items not scheduled for public hearing None B. Items other than those appearing on the agenda TIM MOFFATT, Mile 1, Exit Glacier Road, stated that he had reviewed the Seward Police Department report and had noticed a reference to Jap Creek. He suggested that Jap Creek be renamed to Obihiro Creek in deference to the city's Sister City and to avoid the use of racial epithets. 7. APPROVAL OF MINUTES [Not available] 8. SPECIAL ORDERS AND PUBLIC HEARINGS A. Ordinance No. 93 -22, revising the Council agenda format. 176 City of Seward, Alaska City Council Minutes June 28, 1993 Volume 29, Page 176 Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to enact Ordinance No. 93 -22; the motion was seconded by Darling. The question was called, and the ordinance was enacted by unanimous vote. B. Ordinance No. 93 -23, amending Seward City Code Chapter 2.30 to provide for the establishment of the Port and Commerce Advisory Board. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to enact Ordinance No. 93 -23; the motion was seconded by Swartz. The question was called, and the ordinance was enacted by unanimous vote. C. Resolution No. 93 -093, authorizing a 3 -year lease and dock license agreement with the Alaska Marine Highway System for the historic railroad depot building and the Fourth Avenue Dock. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to approve Resolution No. 93 -093; the motion was seconded by Bencardino. Following lengthy discussion regarding the lease rate, the question was called, and the resolution was approved with Bencardino, Crane, Darling, Krasnansky and Swartz voting YES and Sieminski voting NO. D. Resolution No. 93 -094, authorizing a one -year extension of the lease of a portion of Lots 3 and 6A, Fort Raymond Subdivision, to the U. S. Government for the continued location of portions of the Air Force Recreation Camp. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Swartz moved to approve Resolution No. 93 -094; the motion was seconded by Bencardino. In response to a question from Krasnansky, Lt. Col. Richard Clark, Civil Engineering, Elmendorf Air Force Base, gave a brief status report regarding the proposed renovations to the recreation camp. 177 City of Seward, Alaska June 28, 1993 City Council Minutes Volume 29, Page 177 The question was called, and the resolution was approved by unanimous vote. 9. PRESENTATIONS WITH PRIOR NOTICE ONLY None 10. ORDINANCES FOR INTRODUCTION A. Ordinance No. 93 -24, allowing for the cash -in of accrued annual leave. Krasnansky moved to introduce and set for public hearing Ordinance No. 93 -24; the motion was seconded by Bencardino and carried by unanimous vote. Public hearing was scheduled for July 12, 1993. 11. RESOLUTIONS A. Resolution No. 93 -09 authorizing the city manager to purchase a 35 HP sewage pump for Pump Station No. 1 from Alyeska Pump & Equipment without full utilization of city bid procedures. Krasnansky moved to approve Resolution No. 93 -095; the motion was seconded by Bencardino and carried by unanimous vote. B. Resolution No. 93 -096, appropriating funds from Raw Fish Tax revenues for the payment of litigation costs associated with the city's suit against Exxon. Krasnansky moved to approve Resolution No. 93 -096; the motion was seconded by Bencardino and carried by unanimous vote. C. Resolution No. 93 -097, designating funds from the General Fund Fund Balance for the AM141A's law enforcement liability pool. Krasnansky moved to approve Resolution No. 93 -097; the motion was seconded by Bencardino and carried by unanimous vote. D. Resolution No. 93 -098, appropriating funds to the City Manager budget to cover costs associated with the recruitment of a new city manager and interim city manager coverage. Krasnansky moved to approve Resolution No. 93 -098; the motion was seconded by Bencardino and carried by unanimous vote. E. Resolution No. 93 -099, authorizing the city manager to award a contract to Jaffa Construction for above ground fuel tank installation. Krasnansky moved to approve Resolution No. 93 -099; the motion was seconded by Bencardino and carried by unanimous vote. 178 City of Seward, Alaska City Council Minutes June 28, 1993 Volume 29, Page 178 12. UNFINISHED BUSINESS None 13. NEW BUSINESS A. First quarter 1993 Taxable Sales Report Noted for information. B. Tune 16, 1993, report of purchase orders totalling between $5,000 and $10,000 issued through May 5 1993 Noted for information. C. Chamber of Commerce request for fireworks permit for July 4 1993 The Chamber's request was approved by unanimous consent of the Council. 14. CITY MANAGER REPORTS JONES noted that Senator Little had informed the city that the governor had signed the budget and had left intact funding for Seward projects. JONES noted a commendation given to Animal Control Officer Terry Erickson and a contingency fund review prepared by Calvert which were included for information in the Council packets. 15. COUNCIL DISCUSSION SIEMINSKI asked for a status report regarding the sales tax issue. Jones noted that the Council's action on the budget included a one percent sales tax increase which would have to come back to the Council in ordinance form before it could be implement- ed. He stated that, if this increase were not approved, the expenditure side of the budget would have to be reduced accordingly. Sieminski also asked that future quarterly sales tax reports contain an analysis of changes in population, prices, etc. when comparing sales tax returns with prior years. SWARTZ stated that she would like to thank Frances Harmon on behalf of disabled people in Seward for her efforts to see that public facilities were made handicap accessible. CRANE welcomed Deputy Clerk Jones back to work and thanked the Clerk's Department for picking up all of the extra work while she was on leave. Crane also stated that Moffatt's remarks had some merit. KRASNANSKY stated that he had the same concerns as Moffatt but would prefer to research the origin of the name of Jap Creek before changing it. 16. CITIZENS' DISCUSSION 179 City of Seward, Alaska City Council Minutes June 28, 1993 Volume 29, Page 179 TIM MOFFATT, Mile 1, Exit Glacier, stated that there were several stories regarding the origin of the creek's name; however, the name today represented a racial slur and should be changed. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS SWARTZ stated that she concurred with Krasnansky and urged the administration to research the name of the creek before suggesting a change. COMMUNITY PLANNING DIRECTOR MARTIN noted that the city had been researching this issue for at least six years. He noted that the latest USGS reprinted topographic maps had renamed Jap Creek as Japanese Creek. Martin stated that his research indicated that the creek has been called Jap Creek since 1903. Martin also noted that the official process to rename the creek would start with an application via resolution to the state geographic names board. 18. ADJOURNMENT The meeting was adjourned at 8:15 p.m. . 4F Dave W. Crane Mayor City Council Minutes Volume 29, Page 179 1. CALL TO ORDER The July 12, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and 4 6 City of Seward, Alaska City Council Minutes July 12, 1993 Volume 29, Page 180 Louis A. Bencardino Hugh Darling James Krasnansky Bruce Sieminski Karen A. Swartz comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Assistant City Manager Thomas F. Minkner, City Attorney Linda S. Murphy, City Clerk ABSENT was: Dale White (excused) 4. CITIZENS' COMMENTS A. Agenda items not scheduled for public hearing WALT SCZAWINSKI, Woodland Hills, complimented the city and the chamber for the handling of this yea's Fourth of July celebration. B. Items other than those appearing on the agenda BRAD SNOWDEN, 525 Sixth Avenue, distributed a letter to the Council and the administration regarding the rezone of property on Ballaine Boulevard to Central Business District to allow construction of a hotel by Carl and Candy Norman. Snowden noted that the Council had erred procedurally and urged the Council to correct these procedural errors. 5. APPROVAL OF AGENDA AND CONSENT AGENDA Krasnansky moved to approve the Regular Meeting Agenda and the Consent Agenda as presented; the motion was seconded by Bencardino. Darling asked to remove Resolution No. 93 -102 (Item C) from the Consent Calendar to the Regular Meeting Agenda. Jones requested an executive session to discuss the Afognak litigation., Krasnansky moved to meet in an executive session immediately following the close of regular business to discuss the Afognak litigation; the motion w" ' seconded by Bencardino and carried by unanimous vote. 181 City of Seward, Alaska City Council Minutes July 12, 1993 V 2 Page 181 The question was called, and the agenda was approved as amended by unanimous vote. The clerk read the approved consent calendar items. 6. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the most recent assembly meeting. 7. APPROVAL OF MINUTES Krasnansky moved to approve the June 14,18 and 28,1993, meeting minutes as presented; the motion was seconded by Bencardino and carried by unanimous vote. 8. SPECIAL ORDERS AND PUBLIC HEARINGS A. Crane read a proclamation designating July 12, 1993, as Seward Youth Employment Training Program Appreciation Day and introduced the SYETP student employees. B. Ordinance No. 93 -24, amending Seward City Code § 3.45.060, cash in lieu of annual leave. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Krasnansky moved to enact Ordinance No. 93 -24; the motion was seconded by Bencardino. Following discussion, the question was called and the ordinance was enacted by unanimous vote. 9. PRESENTATIONS WITH PRIOR NOTICE ONLY 10. ORDINANCES FOR INTRODUCTION 11. RESOLUTIONS A. Resolution No. 93 -100, approving a one -year extension to the Kent Dawson contract for lobbying services. Krasnansky moved to approve Resolution No. 93 -100; the motion was seconded by Bencardino and carried by unanimous vote. 182 City of Seward, Alaska City Council Minutes July 12, 1993 Volume 29, Page 182 B. Resolution No. 93 -101, supporting KPB Ordinance No. 93 -28, placing a surcharge on telephone bills to fund enhanced 911 services. Krasnansky moved to approve Resolution No. 93 -101; the motion was seconded by Bencardino and carried by unanimous vote. C. Resolution No. 93 -102, approving the appointment of David Calvert as Manager of Engineering and Utilities. Darling moved to approve Resolution No. 93 -102; the motion was seconded by Krasnansky. Darling noted that in the Council's budget meetings, funding for the manager of engineering & utilities position was eliminated creating a $51,000 savings for the city. He objected to the proposed salary and noted that, if approved, Calvert would make more than the previous manager of engineering and utilities although he was less qualified for the position. He stated that, although Calvert was a good electrical engineer, he had no experience in road construction, water and sewer utilities, the city shop, building inspection, heavy equipment, or civil engineering. Darling stated that, if the position was to be filled, it should be filled with someone with better qualifications. In response to a question from Sieminski, Jones noted that the purpose of the action taken relative to the approved budget was to reduce the personnel line item by a certain sum. He noted that the civil engineering position had not been filled. However, management of engineering and utilities had been added to the utility engineer's job function, and this addition had resulted in the requested upgrade in salary. Jones stated that it was not his intention to hire a civil engineer and the budget had been reduced to an amount where it was not feasible to replace this position. Krasnansky and Crane agreed that it was desirable to fill the manager's position from within existing city personnel. They indicated that they supported the resolution as written. Jones noted that some of Calverfs electrical engineering duties would be passed along to the other two employees in the Electric Department and that these two positions would be upgraded to reflect the added duties and responsibilities. Krasnansky moved the previous question; the motion was seconded by Swartz and carried with Bencardino, Crane, Krasnansky, Sieminski and Swartz voting YES and Darling voting NO. The question was called, and the resolution was approved with Bencardino, Crane, Krasnansky, Sieminski and Swartz voting YES and Darling voting NO. • City of Seward, Alaska City Council Minutes July 12, 1993 Volume 29, Page 183 D. Resolution No. 93 -103, approving a special use permit for the use of Boulder Stadium as a circus site. Krasnansky moved to approve Resolution No. 93 -103; the motion was seconded by Bencardino and carried by unanimous vote, E. Resolution No. 93 -104, approving a cooperative agreement between the Alaska Department of Fish and Game and the city of Seward for boat launch ramp improvements. Krasnansky moved to approve Resolution No. 93 -104; the motion was seconded by Bencardino and carried by unanimous vote. 12. UNFINISHED BUSINESS A. Memorandum from Community Development Director Martin regarding the renaming of 1 1 Creek Noted for information. 13. NEW BUSINESS A. Apyointment of newly established Port and Commerce Advisor Doard The following were appointed to the Board, with terms to expire as indicated below, by unanimous consent of the Council: Sharon Anderson (07/96) Willard Dunham (07/96) Jack Goodwill (07/95) Doug Lechner (07/96) Jack Scoby (07/95) 14. CITY MANAGER REPORTS Patrick Brown (07/94) William Fellows (07/95) Dale Hoogland (07/94) James T. Pruitt (07/94) JONES distributed Parks & Recreation Director Sturdy's report on campground revenues and visitor nights through June 1993. JONES thanked community members who responded to the community opinion survey and noted that the results had been included in the Council packets. JONES noted that he had received calls from community members who had volunteered to participate in a work party to paint city hall. JONES asked for Council input regarding the renaming of Jap Creek. 15. COUNCIL DISCUSSION City of Seward, Alaska City Council Minutes July 12, 1993 Volume 29, Page 184 SIEMINSKI asked about the color scheme for city hall. Jones replied that he would get suggestions from qualified people, display the sample combinations at a Council meeting, and ask viewers to phone in their choices. SWARTZ suggested that blue and gold be incorporated in the color scheme in recognition of former Seward resident Benny Benson, designer of the Alaska flag. DARLING commented on the community opinion survey. BENCARDINO stated that Dane Amos's suggestion that the Chamber expand the Fourth of July celebration in Seward had merit. He asked the administration to follow up on this. Bencardino also asked if water and sewer was being extended to the Parks and Rec warehouse. Jones replied that this project was in progress. KRASNANSKY commended city crews for their efforts in repairing the broken water main on the Seward Highway on July 9th. Krasnansky also welcomed Calvert as the new manager of engineering and utilities. CRANE thanked all of those responsible for the Fourth of July celebration. He also thanked city lobbyist Kent Dawson for his efforts during the past year. CRANE stated that he was content to let the federal government's decision to rename Jap Creek to Japanese Creek stand. CRANE agreed that the community should pick the new colors for city hall and volunteered to help paint. CRANE noted a joint work session of the Council and Hospital Board scheduled for Tuesday, July 13th, at 7:00 p.m. He encouraged everyone to attend. 16. CITIZENS' DISCUSSION None 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None 18. ADJOURNMENT The meeting was adjourned at 8:40 p.m. and, after a short recess, the Council reconvened in Executive Session to discuss the Afo�gnak litigation. 2.0.1 C/ E Dave W. Crane b le Mayor R 7 ± +r ......W CW T OX 185 City of Seward, Alaska July 26, 1993 1. CALL TO ORDER City Council Minutes Volume 29, Page 185 The July 26, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino Hugh Darling James Krasnansky Bruce Sieminski Karen A. Swartz comprising a quorum of the Council; and Michael Yanez, Assistant City Manager Linda S. Murphy, City Clerk ABSENT was: r ' Dale White (excused) "' City of Seward, Alaska City Council Minutes July 26, 1993 Volume 29, Page 186 4. CITIZENS` COMMENTS A. Agenda items not scheduled for public hearing AL LAMBERSON, member of the Community Hospital Board, stated that he had reviewed the agreement for the purchase of the clinic, and he recommended Council approval of Resolution No. 93 -110 B. Items other than those appearing on the agenda None 5. APPROVAL OF AGENDA AND CONSENT AGENDA Krasnansky moved to approve the Regular Meeting Agenda and the Consent Agenda as presented; the motion was seconded by Swartz. Yanez noted that Resolution No. 93-107 and No. 93 -108 had been deleted from the Agenda. Crane moved Resolution No. 93 -109 from the Consent Agenda to the Regular Meeting Agenda. The question was called, and the agenda was approved as amended by unanimous vote. 6. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the July 13, 1993, assembly meeting. 7. APPROVAL OF MINUTES Krasnansky moved to approve the July 12, 1993, regular meeting minutes as presented; the motion was seconded by Swartz and carried by unanimous vote. 8. SPECIAL ORDERS AND PUBLIC HEARINGS A. Formal signing of Sister CitX Agreement with Obihiro, Tapan, celebrating 25 years of friendship Mayor Crane and Obihiro Mayor Takahashi signed the proclamation recognizing the 25th anniversary of the sister city relationship between the city of Seward and the city of Obihiro, Japan. B. Proclamation designating Tuly 26,1993, as Kelsey Tones Appreciation Day Crane presented a proclamation to Kelsey Jones in recognition of her outstanding performance in the Arco Jesse Owens games. C. Ordinance No. 93 -07, amending the Seward Land Use Plan and Zoning District for portions of Blocks 7 and 8, Original Townsite of Seward 187 City of Seward, Alaska City Council Minutes July 2 6, 1 993 Volume 29, Page 187 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BRAD SNOWDEN, 525 Sixth Avenue, read a letter to the Council objecting to the rezone. He thanked the Council for its decision to re- address this zoning issue and encouraged councilmembers to vote for "planned development" rather than the rezone to Central Business District. CARL NORMAN, Bear Lake Road, dba Harbor Dinner Club, 220 Fifth Avenue, stated that he began project negotiations with the city during the first week of January. He stated that he had fulfilled every requirement of the city and had acted in good faith. He noted that he was not asking for incentives, but was offering incentives including year -round employment, additional sales tax revenues and an addition to the city s tax base. Norman noted that the business would dictate its own parking requirements and he was prepared to provide as much parking as needed to attract customers to his establishment. He urged the Council to enact Ordinance No. 93-07 NINA DALY, 235 Ballaine Boulevard, stated that she believed the Council had made the wrong decision in April. She stated that there was a lot of space available in downtown Seward for this project and questioned whether it was proper to rezone this property for the convenience of one business owner. ELLIE BRITTAIN, 231 Ballaine, read a letter from Mike Brittain objecting to the rezone of the subject property. WALTER CHRISTOLEAR, 335 First Avenue, submitted a petition to the Council signed by 145 area residents favoring the development of the hotel and rezone of the property. JIM MCCRACKEN, Lowell Point, noted that parking on city streets and city parks could be alleviated by posting a 4 -hour parking limit in these areas. He stated that there were businesses in other residential areas that worked and cited NBA and Western Auto as two examples. BLAINE BARDARSON, 612 Second Avenue, stated that the proposed Sea Life Center was a long way from happening and should not be used as a reason for rezoning this property. He stated that expansion of the Central Business District would create many problems. LARRY JOHNSON, 1809 Jesse Lee, spoke in favor of the proposed rezone. He stated that he had been involved with city planning for a number of years and had watched the development of the comprehensive plan and had worked closely with the city consultants on this plan. Johnson stated that, in his opinion, the proposed hotel was the highest and best use of the property and would be a welcomed addition to the downtown area. • City of Seward, Alaska City Council Minutes July 26, 1993 V 2 9, P age 188 BRAD SNOWDEN noted an aerial photograph he had displayed, and he asked the Council to review and study it before voting. - No one else appeared in order to be heard, and the public hearing was closed. RECESS: The meeting recessed at 8:32 p.m. and reconvened at 8:40 p.m. Crane noted that action taken by the Council at its April 12,1993, meeting had been set aside in order to correct a technical deficiency in the process of enacting the ordinance. Krasnansky moved to enact Ordinance No. 93 -07; the motion was seconded by Sieminski. Darling stated that this ordinance had nothing to do with the Sea Life Center, but represented "good old boy politics" at its worst. He stated that it was not up to the council to make the ordinance fit the project, but was up to the developer to make the project fit the ordinance. Krasnansky objected to Darling's characterization that this action was "good old boy politics" and stated that he felt this development was the highest and best use of this property. Sieminski concurred with Krasnansky. Swartz stated that the city was getting nothing from the property at this point and this project would be good for the city. Crane stated that he believed the original Council decision was made in good faith and in the city's best interest. He objected to Bardarsori s statement that the Sea Life Center was only a proposal and noted that $12.5 million had already been received from the state for its development and the city could not wait until it was completed to address downtown zoning issues. Crane stated that he had personally researched the downtown parking problem and had concluded that there was no problem in this area. He admitted that there would be parking problems following development of the Sea Life Center, and these would be addressed by the city just as the city had addressed similar problems in the Small Boat Harbor. The question was called, and the ordinance was enacted with Bencardino, Crane, Krasnansky, Sieminski and Swartz voting YES and Darling voting NO. 9. PRESENTATIONS WITH PRIOR NOTICE ONLY 10. ORDINANCES FOR INTRODUCTION HEM City of Seward, Alaska City Council Minutes July 26, 1993 Volume 29, Page 189 11. RESOLUTIONS A. Resolution No. 93 -105, approving the assignment of lease of Lot 6, Block 1, Marina Subdivision (RE84 -040) from Milos Nikolic to Joe K Kim. Krasnansky moved to approve Resolution No. 93 -105; the motion was seconded by Swartz and carried by unanimous vote. B. R esolution No. 93 -106, accepting Alaska State Library Grants and appropriating funds. Krasnansky moved to approve Resolution No. 93 -106; the motion was seconded by Swartz and carried by unanimous vote. C. Resolution No. 93 -107, approving Amendment No. 1 to the TORA for the City Hall Elevator Project. DELETED FROM AGENDA. D. Resolution No. 93 -108, approving Amendment No. 3 to the TORA for the Spring Creek Prison Industries Project. DELETED FROM AGENDA. E. Resolution No. 93 -109, approving an agreement with other railbelt utilities for the receipt of intertie grant funds. Krasnansky moved to approve Resolution No. 93 -109; the motion was seconded by Bencardino. The question was called, and the Resolution was approved by unanimous vote. F. Resolution No. 93 -11 .0 approving a purchase agreement and lease agreement for the acquisition of the Resurrection Bay Health Center, appropriating funds and establishing a line of credit for Seward General Hospital. Sieminski declared a conflict of interest as a part owner of the lease site. Crane ruled that a conflict did exist and instructed Sieminski to refrain from discussion or vote on this issue. Krasnansky declared a conflict of interest, stating that his wife was an employee of Resurrection Bay Health Center and her salary made up a substantial portion of the family income. Mayor Crane ruled that a conflict did exist and instructed Krasnansky to refrain from discussion or vote on this issue. Darling moved to approve Resolution No. 93 -110; the motion was seconded by Crane. 190 City of Seward, Alaska City Council Minutes July 26, 1993 Volume 29, Page 190 Yanez noted that the resolution would approve the city's purchase of Resurrection Bay Health Center in an effort to stabilize the medical community. He briefly explained the background and financial support required of the city. Darling asked if the line of credit would have to be repaid annually. Gifford noted that the money would be loaned from General Fund Reserve Funds and the city could set its own terms and conditions for repayment. Swartz noted that, not too long ago, the city had cut as much as possible from the budget, and she did not feel good about using general fund reserves for this purpose. She stated that she had expected to see more action on the part of the hospital to raise private funds for the acquisition of the clinic. She stated that she could not support this resolution. Crane stated that he supported the resolution. He noted that the community survey results indicated that the community supported the hospital. The question was called, and the resolution was defeated with Bencardino and Darling voting YES, Crane and Swartz voting NO and Krasnansky and Sieminski ABSTAINING. Crane moved to reconsider and enter on the minutes the vote on Resolution No. 93 -110; the motion was seconded by Darling. 12. UNFINISHED BUSINESS 13. NEW BUSINESS 14. CITY MANAGER REPORTS None 15. COUNCIL DISCUSSION SIEMINSKI noted that there were two parking spaces in front of the RV dump station in the Small Boat Harbor which should be moved to make it easier for the RV's to turn in and out of that area. SWARTZ asked for a status report on the water and sewer connections at the Parks and Recreation warehouse. Yanez stated that the Parks and Recreation crew would address this project after campground activities slowed down. He promised a more detailed report at the next meeting. BENCARDINO thanked Calvert for beginning work on the project to clear the area fronting the highway and adjacent to the Forest Acres Campground. 191 City of Seward, Alaska City Council Minutes July 26, 1993 Volume 29, Page 191 KRASNANSKY asked for a report from the Clerk's office regarding the resources needed to allow that office to continue to provide administrative support to the hospital board. CRANE agreed with Krasnansky and asked that a report be presented at the next meeting. Crane also thanked community members for responding to the community survey and noted that he had used these results in making decisions at tonight's meeting. Crane noted a memorandum from the Clerk regarding her salary and requested that this be put on the August 9th agenda. He asked the Council to contact Murphy before the next meeting to discuss this with her. Crane welcomed the delegation from Obihiro and briefly reviewed the schedule of activities planned for their stay. 16. CITIZENS' DISCUSSION BLAINE BARDARSON, 612 Second Avenue, noted that he was mistaken earlier when he contended that the ordinance before the Council was a new one. He stated that he was looking forward to working with the Council through the Planning Commission in the future. NINA DALY, 235 Ballaine Boulevard, noted that her opposition to the ordinance was strictly a zoning issue and was not aimed at the Normans or their project. He stated that she hoped all of her concerns were unfounded and that the hotel would be a good neighbor. She noted, however, that she was irritated that the city had re-addressed this issue only after approached by an attorney. She stated that she had made a similar challenge shortly after the Council's April action and had been told that her objection was not grounds for setting aside the decision. She stated that the message the Council was sending was that you have to threaten to sue the city to get things done right. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS KRASNANSKY noted that Daly's observations were correct and one must hire an attorney to make things happen. BENCARDINO objected. Murphy explained that Ms. Daly had brought the procedural error to her attention shortly after the April 12th meeting and she (Murphy) had contacted the city attorney for an opinion regarding the validity of the Council's action on the ordinance. She stated that the attorney had indicated that the error was not substantial enough to warrant setting the Council's actions aside, particularly since the Council had been informed at the April 12th meeting of the prior action of the Planning Commission. She further noted that the attorney still believed that the April 12 action was valid; however, it was easier and far less expensive for the city to re- address the ordinance than to prove its position in court. Bencardino stated that he did not want the public to think that one needed to threaten the city or hire an attorney to get something done. 192 City of Seward, Alaska July 26, 1993 City Council Minutes Volume 29, Page 192 SWARTZ stated that the Council did its best at all times and usually the results came out very well. CRANE stated that the Council was trying to do what was in the public's best interest. He suggested that aggrieved citizens go to their councilmembers if they had objections or a point to make. He stated that he appreciated Bardarson s comments and agreed that the Council needed to work closely with its boards and commissions. 18. ADJOURNMENT The meeting was adjourned at 9:30 p.m. L am- o (? "" Dave W. Crane Mayor City Council Minutes August 9, 1993 Volume 29, Page 192 1. CALL TO ORDER The August 9, 1993, regular meeting of the Seward City Council was called to order'at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Chief Walker led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino Hugh Darling James Krasnansky Bruce Sieminski Karen A. Swartz Dale White 193 City of Seward, Alaska City Council Minutes August 9 , 1993 Volume 29, Page 193 comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Assistant City Manager Thomas F. Klinkner, City Attorney Linda S. Murphy, City Clerk 4. CITIZENS' COMMENTS A. Agenda items not scheduled for public hearine None B. Items other than those appearing on the agenda RANDY BECKER, Small Boat Harbor, noted that he intended to open a private parking lot located just east of the Shoreside Petroleum facility on Wednesday. He stated that he would run two shuttles to and from the Boat Harbor throughout the day, and the fee for parking would be $5.00 per day. 5. APPROVAL OF AGENDA AND CONSENT AGENDA Krasnansky moved to approve the Regular Meeting Agenda and the Consent Agenda as presented; the motion was seconded by Bencardino. Crane moved to meet in executive session immediately following the close of regular business to discuss city clerk contract issues; the motion was seconded by Krasnansky and carried by unanimous vote. Crane deleted Resolution No. 93-119 and No. 93 -120 from the agenda. Sieminski moved Resolution No. 93 -113 and No. 93 -116 to the regular meeting agenda. Darling moved Ordinance No. 93-25 to the regular meeting agenda. The question was called, and the agenda was approved as amended by unanimous vote. 6. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the August 3, 1993, assembly meeting. 7. APPROVAL OF MINUTES Krasnansky moved to approve the July 26, 1993, regular meeting minutes as presented; the motion was seconded by Bencardino and carried by unanimous vote. W City of Seward, Alaska City Council Minutes August 9, 1993 Volume 29, Page 194 8. SPECIAL ORDERS AND PUBLIC HEARINGS A. Introduction of Japanese Exchange Students Lani Lockwood, president of the Seward International Friendship Association, introduced participants in the 1993 summer youth exchange with Japan. B. Resolution No. 93 -111, approving a lease of property to the U. S. Coast Guard to establish a VH1± -FM distress radio microwave - telephone link site. Notice of public hearing as published and posted as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Swartz moved to approve Resolution No. 93 -111; the motion was seconded by Bencardino and carried by unanimous vote. C. Resolution No. 93 -112, approving an extension of the cooperative management agreement with the Alaska Department of Natural Resources Division of Parks for use as a trailhead parking area for Caines Head State Recreation Area. Notice of public hearing as published and posted as required by law was noted, and the public hearing was opened. JIM MCCRACKEN, Lowell Point, requested that the state be required to install a portable restroom facility and a solid waste management system at the site as a condition of this lease extension. No one else appeared in order to be heard, and the public hearing was closed. Bencardino moved to approve Resolution No. 93 -112; the motion was seconded by Sieminski. Bencardino concurred with McCracken. He stated that the state was attempting to entice visitors to this site and should, therefore, provide both sanitary facilities and a place to dispose of trash. Krasnansky moved to postpone action on this resolution until the August 23, 1993, meeting; the motion was seconded by White and carried by unanimous vote. 9. PRESENTATIONS WITH PRIOR NOTICE ONLY A. Stan Lemas - Closure of the head of Resurrection Bay to duck hunting Lemas noted that he had been informed that he and other hunters were in breach of an ordinance prohibiting the discharge of Firearms inside the city limits at the head of Resurrection Bay. He questioned the need for this particular ordinance given the location 195 City of Seward, Alaska City Council Minutes August 9, 1993 Volume 29, Page 195 of the site, the fact that only shotguns were used in the duck hunting activity and the fact that, to his knowledge, there had never been an accident associated with hunting in this area. Lemas further noted that hunting was allowed in virtually every community in Alaska, including an area near the airport in Anchorage. He requested that the Council amend the existing ordinance to allow the use of shotguns in the duck flats at the head of Resurrection Bay. In response to a question from Bencardino, Lemas stated that there would be no objection to a provision requiring hunters to notify the authorities prior to hunting in the area. 10. ORDINANCES FOR INTRODUCTION A. Ordinance No. 93 -25, increasing the city sales tax to four percent. Darling moved to introduce Ordinance No. 93 -25; the motion was seconded by Sieminski. Darling stated that he opposed this sales tax increase and would not vote to introduce it. Swartz stated that she, too, opposed this sales tax increase. The question was called & the ordinance was introduced with Bencardino, Crane, Krasnansky and White voting YES and Darling, Sieminski and Swartz voting NO. Public hearing was set for August 23, 1993. 11. RESOLUTIONS A. Resolution No. 93 -110, approving a purchase agreement and lease agreement for the acquisition of Resurrection Bay Health Center, appropriating funds and establishing a line of credit for Seward General Hospital. (Note: the July 26th motion to approve the resolution failed. A motion to reconsider and enter on the minutes was made and seconded immediately following the vote on the resolution.) Crane noted for the record that Councilmembers Krasnansky and Sieminski would be prohibited from speaking to or voting on this resolution because of earlier declared conflicts of interest. Mayor Crane called up the motion to reconsider. The question was called, and the motion to reconsider was approved with Bencardino, Crane, Darling, Swartz and White voting YES and Krasnansky and Sieminski ABSTAINING. Swartz stated that not enough work had been done to consider taking this action at this time. She stated that the hospital and Brim should devote more time to vigorous and innovative searching for funds. In response to a question from White, Boyd stated that the hospital had not raised any funds for acquisition of the clinic. City of Seward, Alaska City Council Minutes August 9, 1993 Volume 29, Page 196 Swartz asked if Brim provided grant writing services for the hospital. Jones replied that he did not believe this service was provided. Swartz expressed her disappointment and stated that she thought this service had been included in the original contract. Jones encouraged the Council to support the resolution. He noted that this approach was the only avenue he could see that would save the hospital, adding that the cost of�closing the hospital would be measured in millions of dollars and was not in the best interest of the community. Jones further noted that it was ultimately the Council's responsibility to make this work, and if that meant replacing the hospital administrator, the management contractor or the. Hospital Board, that was what should be done rather than continuing to cast blame in their direction. Crane noted that there had been quite a bit of discussion regarding this purchase over the past few months and he felt he had no choice but to support it. The question was called, and Resolution No. 93 -110 was approved with Bencardino, Crane, Darling and White voting YES; Swartz voting NO; and Krasnansky and Sieminski ABSTAINING. B. Resolution. No. 93 -113, approving a letter of understanding with the Department of, Public Safety giving the Fire Department access to - the Alaska Public Safety Information System. Krasnansky moved to approve Resolution No. 93- 113; the motion was seconded by White. Swartz stated that her concerns had been alleviated after talking to the Police Chief and finding that access to this system and its information would be restricted. Sieminski objected to the resolution. Krasnansky explained that often the Fire Department was unable to obtain information required to complete its state reports, and access to this system would provide that needed information and allow the department to comply with state mandates. Yanez noted that at the current time the Fire Department was unable to access this information network. The question was called, and -the resolution carried with Bencardino, Crane, Darling, Krasnansky, Swartz and White voting YES and Sieminski voting NO. C. Resolution No. 93 -114, approving a professional services agreement with Dane Amos, dba Amos Computer,Consultants of Seward, to provide computer support services to the city. Krasnansky moved to approve Resolution No. 93 -114; the motion was seconded by Bencardino and carried by unanimous vote. 197 City of Seward, Alaska City Council Minutes Auguet 9, 1993 Volume 29, Page 197 D. Resolution No. 93 -115, authorizing Jamin, Ebell, Bolger & Gentry to accept, on behalf of the city, the proposed Alyeska Settlement Agreement. Darling moved to approve Resolution No. 93 -115; the motion was seconded by Bencardino. Swartz noted that, as a member of Chugach Alaska Corporation, she would abstain. Crane declared that a conflict did exist. The question was called, and the resolution was approved with Bencardino, Crane, Darling, Krasnansky, Sieminski and White voting YES and Swartz ABSTAINING. E. Resolution No. 93 -116, accepting two grants from the state of Alaska for the Alaska Sea Life Center. Swartz moved to approve Resolution No. 93 -117; the motion was seconded by Krasnansky. Sieminski noted that he would like regular reports from SAAMS regarding the project and how monies were spent. Jones noted that monthly reports to the Council would begin at the next regular meeting. The question was called, and the resolution carried by unanimous vote. F. Resolution No. 93 -117, accepting a grant from the state of Alaska for Seward General Hospital equipment. Krasnansky moved to approve Resolution No. 93 -117; the motion was seconded by Bencardino and carried by unanimous vote. G. Resolution No. 93 -118, accepting a grant from the state of Alaska for the B Street Dock project. Krasnansky moved to approve Resolution No. 93 -119; the motion was seconded by Bencardino and carried by unanimous vote. H. Resolution No. 93 -119, setting the FY 1994 salary for the city clerk. DELETED FROM AGENDA I. Resolution No. 93 -120, amending the City Clerk's budget. DELETED FROM THE AGENDA 12. UNFINISHED BUSINESS None City of Seward, Alaska City Council Minutes August 9, 1993 Volume 29, Page 198 13. NEW BUSINESS A. Claim for damages as filed by Lany Sweppv Krasnansky moved to refer this claim to the city's insurance adjuster; the motion was seconded by Swartz and carried by unanimous vote. 14. CITY MANAGER REPORTS JONES reported on the city hall painting project. He noted that the panels that make up the external siding were baked enamel and, if painted, would require repainting every year. Therefore, he suggested pressure cleaning the panels, brushing the aluminum with an acid wash to bring up the shine and painting the trim only. Jones further suggested switching the volunteer painting project effort to the library. JONES noted that the filing deadline for Council was Monday, August 16th, at Noon. JONES noted that he was gathering ideas for next yea's legislative package. JONES noted Becker's plans to initiate private parking at the North end of the Small Boat Harbor and said that the State was developing a plan to post the east side of Third Avenue as no parking through the end of the Salmon Derby and eliminating parking on both sides of the street after that time. He stated that the city would allow parking in the ballfield this season even though Becker was opening a private lot. JONES noted the B Street Dock study which he had distributed to the Council. JONES invited Council participation in a round table discussion regarding the clinic and other hospital issues. JONES also reported on access to Whittier and scheduled air service into Seward. 15. COUNCIL DISCUSSION SIEMINSKI asked for a status report on the Nash Road Small Boat Harbor. Jones replied that the next step would be a $200,000 federal proposal which required an equal local match and would resolve questions regarding the expansion; however, the federal government would not commit to the project if it was aware from the beginning that this was to be a private project. He stated that a development plan was currently being developed. SIEMINSKI asked if the City Manager saw any problem with duck hunting on the duck flats. Jones stated that he had not been able to resolve state regulation issues regarding the discharge of firearms near an airport; however, if the state did not consider this a problem, he was certain this issue could be resolved. 199 City of Seward, Alaska City Council Minutes August 9, 1993 Volume 29, Page 199 SWARTZ noted that the scenic drive across the Bay could be improved by removing some of the alders between the road and the Bay. She encourage all interested persons to file for a seat on the Council. Swartz asked Yanez for the more detailed report he had promised regarding the Parks and Recreation Department warehouse water /sewer project. Yanez stated that a report was being drafted for Council which indicated that the cost of the project had been underestimated and available funds were not sufficient to cover the cost of the project. Therefore, rather than pursue additional funds for this project, the administration recommended that the city purchase a new heater for the staff work area and rent port -a- potties for staff use. SWARTZ stated that she would like the building to be worker friendly and conform to city codes. BENCARDINO stated that he did not understand why city employees could not do some of this work such as installation of the sewer line. JONES stated that it was anticipated that the city would install the water and sewer utilizing city resources. Public Works Superintendent Ainsworth noted that,, by Code, only a certified plumber could hook into the city's sewer line. He further noted that installation of water and sewer to this building would require insulation beneath the building and in the new restroom area and construction of walls to partition this area. BENCARDINO noted that a citizen had called regarding the city escape route located behind AVTEC. He reminded the administration of the need to keep this area clear so that it could be easily accessed during a disaster. BENCARDINO stated that he hoped the administration could work with the hunters to keep the duck flats open for them. BENCARDINO also noted that Senator Kerttula was in town and that, although he was no longer Seward's senator, he continued to show an interest in Seward's affairs. WHITE urged everyone with an interest to file for office. KRASNANSKY urged the administration to work with the duck hunters to keep the duck flats open. He also noted that Wasilla had approved a sales tax for creation of a Police Department, and the voters were now considering repeal of the tax because the funds were being used inappropriately. KRASNANSKY stated that he would like to support a resolution banning pay increases, step increases, etc. for exempt personnel. White and Sieminski agreed to cosponsor the resolution, 200 City of Seward, Alaska August 9, 1993 City Council Minutes Volume 29, Page 200 CRANE thanked the community for its support during the sister city delegation's visit. He thanked the administration for taking care of the sign problem in the alley behind the downtown tot lot. CRANE reported that he had met with Klinkner at the attorney's invitation to touch base regarding his firm's performance thus far. He noted that Klinkner had given the Council an open invitation to call him anytime, at no cost to the city, if there were questions about his billing or services. CRANE scheduled a work session regarding hospital issues to begin at 7:00 p.m. on Tuesday, September 7, 1993. In response to a question from the Council, Klinkner stated that, now that action had been taken regarding the purchase of the clinic, there was probably no conflict of interest on the part of Krasnansky or Sieminski. 16. CITIZENS' DISCUSSION STAN LEMAS noted that he had called the FAA, Department of Transportation and both state and federal Fish & Game and had found no state or federal prohibition to hunting at the duck flats. He also noted that any city ordinance would be superseded by state or federal regulations and asked that the Council proceed with the requested action. WILLARD DUNHAM, Forest Acres, suggested that the Council schedule a work session with the SAAMS board to discuss the Sea Life Center and the roles of the entities involved with its development. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS DARLING noted that neither SAAMS nor the city planned to conduct a regional impact study. He agreed that there were many details that needed to be resolved. Jones noted that the administration had initiated this process and was currently evaluating parking requirements, etc. He stated that, in September, the city would have something to take to SAAMS and would be ready to put together something to place in the city's legislative package. 18. ADJOURNMENT The meeting was adjourned at 9:35 p.m., and, after a short recess, the Council reconvened in executive session with the city clerk to discuss her employment agreement. �( Sf . gity Slttk,- ` O Y OF , &X)P, z cite, Dave W. Crane Mayor 201 City of Seward, Alaska City Council Minutes August 23, 1993 Volume 29, Page 201 1. CALL TO ORDER The August 23, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. 2. OPENING CEREMONY Councilmember White led the pledge of allegiance to the flag. 3. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Assistant City Manager Patricia Jones, Deputy City Clerk 4. CITIZENS' COMMENTS Hugh Darling Bruce Sieminski Dale White A. Agenda items not scheduled for public hearing JOHN YOUNG, Seward, noted the upcoming Native Sobriety Pow Wow to be held August 28th and 29th. He stated that people from all over Alaska and from Canada would be arriving for this celebration. JAMES MCCRACKEN, Lowell Point, thanked the Council for addressing concerns about the installation of portable restroom facilities and dumpsters at Caines Head State Recreation Area. He also requested that prohibition of bow hunting in the city limits be deleted from Ordinance 93 -27 JAMES PRUITT, Maple Street, spoke regarding proposed Resolution 93 -123, requesting the lease of additional land at SMIC. He stated that he would like to expand his business and distributed to the Council copies of additional materials outlining the expansion. He noted that he was exercising his option to acquire additional land in accordance with Section 1.5, Right of First Refusal, in his current lease. He explained that he would like to expand his lease area to the north, south and east and utilize the 180' rail station. He stated that, given the current rate of growth of his business, he hoped to utilize the third rail in the future. He noted that the 300' building would be delivered 202 City of Seward, Alaska City Council Minutes August 23, 1993 Vo 2 9, P age 2 on June 15, 1994, and erection of the building would take 60 -90 days. He stated that he currently employed 45 -50 people. B. Items other than those appearing on the agenda None 5. APPROVAL OF AGENDA AND CONSENT AGENDA Krasnansky moved to approve the Regular Meeting Agenda and the Consent Agenda as presented; the motion was seconded by Darling. Crane deleted Resolution No. 93 -119 and substituted Resolution No. 93 -119 Substitute, amending the employment agreement with the City Clerk. Sieminski moved Ordinance 93 -27 to the regular meeting agenda. Swartz declared that she was a member of the Qutekcak Native Tribe and would abstain from voting on Resolution No. 93-121 and Resolution No. 93 -122 Crane ruled that Swartz had no financial clinic and could vote on these items. Krasnansky moved to meet in executive session to discuss the Afognak litigation; the motion was seconded by Bencardino and carried by unanimous vote. The question was called, and the agenda was approved as amended by unanimous vote. 6. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the last assembly meeting. He noted that there would be propositions on the October Borough ballot regarding health care in the Borough and term limits of assemblymem- bers. 7. APPROVAL OF MINUTES Krasnansky moved to approve the August 9, 1993, regular meeting minutes as presented; the motion was seconded by Darling and carried by unanimous vote. 8. SPECIAL ORDERS AND PUBLIC HEARINGS A. Proclamation declaring August 28, 1993, to be Founders Day was presented by Mayor Crane to Virginia Darling. Crane noted that Darling's father was one of the original founders of Seward. Crane presented plaques to Lani Lockwood and Patsy Jones in recognition of their efforts in coordinating the Sister City 25th Anniversary Celebration with Obihiro, Japan, held in July, 203 City of Seward, Alaska City Council Minutes August 23, 1993 Volume 29, Page 203 B. Ordinance No. 93 -25, amending Seward City Code § 5.35.050 and § 5.35.055, increasing the sales tax to four percent Notice of public hearing as published and posted as required by law was noted, and the public hearing was opened. DONALD SUTHERLAND, 225 Sixth Avenue, spoke in opposition to the proposed sales tax increase. He stated that the city had created a problem over the years by deferring needed maintenance. He noted that the community had grown in the recent past and many people planned to expand their private businesses. He added that the expansion could be better accomplished without an increase in sales tax rates. IRIS DARLING, 209 4th Avenue, President of the Chamber of Commerce, noted that she was opposed to an increase in sales tax. She stated that the increase would discourage business and adversely affect older residents on fixed incomes. She noted that the City Administration should continue to cut spending and high -level administrative costs. She stated that the utilities had already increased and another tax was too much of a burden to bear. CHRISTY JOHNSON, 1809 Jesse Lee Drive, read a letter on behalf of Larry Johnson requesting that the sales tax issue be placed on the October city ballot for the voters to decide. She noted that, if the ordinance passed, Johnson would circulate a referendum petition to refer the matter to the voters. No one else appeared in order to be heard and the public hearing was closed. Krasnansky moved to approve Ordinance No. 93 -25; the motion was seconded by Swartz. Swartz stated that she was opposed to any increase in taxes. She added that enough people shopped outside of Seward already to avoid paying sales tax. Crane stated that nobody wanted to see increased taxes, but during the budget process it was determined that some real problems existed including deferred maintenance, decreased revenue sharing, mandated ADA requirements and the higher cost of living. He noted that state and federal governments were putting an increased financial burden on municipalities. He stated that the administration had presented a budget with no tax increases, but the council did not accept the budget. He noted that the Council had to provide a balanced budget and stay within its means. He stated, therefore, that he supported the increase in sales tax to enable the city to take care of its problems. Krasnansky moved to amend Ordinance 93 -25 by creating Section 3. to read "This tax shall be in effect until October 1,1994" and renumbering the subsequent sections; the motion was seconded by White. 204 City of Seward, Alaska City Council Minutes August 23, 1993 Volume 29, Page 2 Krasnansky stated that this amendment changed the sales tax rate for a certain period of time. White concurred and stated that he felt more comfortable with including a sunset clause in the ordinance. Sieminski stated that, once the rate was increased, he did not believe it would be reduced. He noted that nothing would be gained by putting this tax into effect for one year. He noted that, if the one percent tax were allocated to deferred maintenance, it would still be needed one year from now. Crane disagreed. He stated that, although the Council approved the budget, it did not have the power to dictate where the tax funds would be spent. He noted that the funds could be appropriated to line items, but could not be allocated to any certain individual project. He stated that he supported the amendment because it would bring the issue back before the next Council. Swartz voiced her opposition and stated that she did not believe the tax would ever be cut once it was approved. Krasnansky replied that the state had repealed the income tax during the oil boom days. Crane clarified that the city had, in the past, reduced the mill rate on property tax when revenues were up. He noted that the immediate problem of the city should be addressed now. The question was called and the amendment was approved with Bencardino, Crane, Darling, Krasnansky & White voting YES and Sieminski and Swartz voting NO. The question was called on the main motion, and Ordinance No. 93 -25 was approved with Bencardino, Crane, Krasnansky and White voting YES and Darling, Sieminski and Swartz voting NO. 9. PRESENTATIONS WITH PRIOR NOTICE ONLY None 10. ORDINANCES FOR INTRODUCTION A. Ordinance No. 93 -26, amending Seward City Code § 3.10.025, requiring Council approval of the classification plan Krasnansky moved to introduce Ordinance No. 93 -26; the motion was seconded by Darling and the ordinance was introduced by unanimous vote. Public hearing was set for September 13, 1993. 205 City of Seward, Alaska City Council Minutes August 23, 1993 Volume 29, Page 205 B. Ordinance No. 93 -27, amending § 10.10.030, regarding hunting and the discharge of firearms within the city limits White moved to introduce Ordinance No. 93 -27; the motion was seconded by Darling. White asked what constituted an approved firing range. Lt. Dave Brossow explained that certain criteria, obtainable from organizations such as the National Rifle Association or the Isaac Walton League, must be met. He noted that any private party could open a rifle range once the criteria were met. Brossow stated that he would need to conduct some research to determine what criteria were necessary for approved ranges. Bencardino asked if any complaints about shooting had been received. Brossow stated that he had received complaints about people shooting at the range adjacent tothe dump. He noted that Al Schafer had purchased the land where the old firing range was located, and Schafer was concerned about people shooting while he was running equipment on his land. He also noted that Metco had complained in the past about its equipment being shot at when it was stored at the dump site. Brossow explained that, currently, hunting was allowed on city property by permit of the City Manager or Police Chief. He explained that, since the area across the bay had been developed, a liability existed if people were allowed to discharge firearms in the SMIC area. He stated that the city did not have the authority to issue permits to hunt on airport land owned by the State of Alaska. He added that the State did not allow the discharge of firearms near or at airports except in extreme cases where an abundance of wildlife would endanger approaching or departing aircraft. Swartz stated that the area along the beach south of the airport was privately owned and had always been used for duck hunting. She felt that the ordinance, as written, was too strict. Brossow replied that the State DOT/PF would not approve hunting on its land and the City could only authorize shooting or hunting on city-owned land. Swartz asked about the ownership of the land where duck hunting had traditionally taken place. Mayor Crane allowed Stan Lemas to speak to this issue. STAN LEMAS, Mile 6.5 Seward Highway, stated that the land in question was located along the beachfront and was privately owned. He objected to prohibiting hunters from hunting on private property along the beachfront. City of Seward, Alaska City Council Minutes August 23, 1993 Volume 29, Page 206 Swartz asked for clarification of ownership of the land in question. Crane agreed stating that clarification was also needed regarding the requirements for an approved range and the possibility of allowing continued use of a bow within the city limits. Krasnansky noted that velocity should be taken into consideration because the comparison between an air rifle and a high powered rifle was quite different. He objected to banning the use of all firearms. Jones commented that Chief Walker had spoken to organizations regarding the required criteria of a range, and he encouraged private enterprise to research the standards for opening an approved range. He also noted that the property located between the runways and directly to the south was owned by the state, city and Herman Leirer. Bencardino suggested locating a range north of Schafer's property on borough land located near the dump. Swartz and Sieminski requested clarification regarding hunting on the beach front property by the airport. The question was called and Ordinance No. 93 -27 was introduced with Crane, Darling, Krasnansky and White voting YES and Bencardino, Sieminski and Swartz voting NO. Public hearing was set for September 13, 1993. Crane stated that the ordinance would need to be amended prior to enactment. RECESS: The meeting was recessed at 9:00 p.m. and reconvened at 9:10 p.m. 11. RESOLUTIONS A. Resolution No. 93 -112, approving an extension of the cooperative manage- ment agreement with the Alaska Department of Natural Resources Division of Parks for use as a trailhead parking area for the Caines Head State Recreation Area. [Note: the motion to approve was postponed from the 08109193 Meeting.] Crane stated that there was a motion on the floor to approve Resolution No. 93- 112. Jones commented that the State Department of Natural Resources had responded to the Council's concerns about providing dumpsters and a portable toilet facility in the parking area. He also noted that the derelict vessel would be moved in the near future. City of Seward, Alaska City Council Minutes August 23, 1993 V olume 29, P age 207 The question was called, and Resolution No. 93 -112 was approved by unanimous vote. B. Resolution No. 93 -119, approving an amended employment agreement with the City Clerk. Krasnansky moved to approve Resolution No. 93 -119; the motion was seconded by Darling and carried by unanimous vote. C. Resolution No. 93 -120, approving the renewal of the annual software maintenance agreement with Timeline, Inc., for a term to expire on September 30,1994. Krasnansky moved to approve Resolution No. 93 -120; the motion was seconded by Darling and carried by unanimous vote. D. Resolution No. 93 -121, approving a concessionaire /vendor permit to the Qutekcak Native Tribe for the "Native Sobriety Pow Wow" on August 28 and 29,1993. Krasnansky moved to approve Resolution No. 93 -121; the motion was seconded by Darling and carried by unanimous vote. E. Resolution No. 93 -122, accepting grant funds from the U. S. Forest Service for economic development projects. Krasnansky moved to approve Resolution No. 93 -122; the motion was seconded by Darling and carried by unanimous vote. F. Resolution No. 93 -123, providing policy direction to the city manager regarding expansion of the area leased by Seward Ship's Chandlery at the Seward Marine Industrial Center. Krasnansky moved to approve Resolution No. 93 -123; the motion was seconded by Swartz. Jones stated that the city was taking a conservative approach to negotiations for additional leased land to Seward Ship's Drydock (SSD). He stated that he was working on the proposal and reiterated that SSD must comply with current lease requirements with the city being required to take no action. He noted that there was community support for the local jobs created by SSD. He reviewed the memorandum contained in the packet and outlined the policy decisions to be determined. He explained that the five main points under consideration were: 1) upholding the multi-user policy established by Council, 2) deciding on whether or not to retain the north rail for a second user, 3) deciding whether or not to enter into negotiations for lease of additional property, 4) determining the rate per square foot to be charged and 5) which parcels of property to offer for lease. Jones noted that Pruitt had made it clear that construction of a required City of Seward, Alaska City Council Minutes August 23, 1993 Volume 29, Page 208 firewall in the 300 foot building he would be constructing was cost prohibitive. He added that Pruitt was interested in acquiring the northeast corner of the property next to the shiplift as stated earlier in the meeting. Krasnansky asked if the five points presented in the memorandum supported the arbitration. Jones noted that, after discussing the contents of the resolution with the attorney, Klinkner had advised that certain amendments should be inserted. Crane moved to amend the resolution to read as follows: Section 3. SSD shall be offered property to the north, south and east of its current leased land at the rate of $0.16 per square foot. Section 4. None of the actions authorized in this resolution modify in any way the results of the arbitration. Section 5. The set of lease amendments envisioned by this resolution is contingent on a finding that the amendments are critical to the continuation of SSD at SMIC. SSD shall make available to an impartial third party designated by the city information sufficient to enable that third party to determine the economic feasibility of SSD building the 300' building with the firewall required by state fire code on the existing lease. The impartial third party shall also identify SSD's financing capability. The motion was seconded by Krasnansky. Crane read the entire resolution, as amended. Sieminski requested clarification on what parcel of land SSD was including in its proposed lease of additional land. Jones stated that the area where ships were lifted off the shiplift and onto the ground was a multi -use area currently used by SSD. He explained that the southeast portion of the property was currently leased by SSD. He added that the northeast portion of the property was being utilized by SSD to work on ships, but this land was not included in the current lease. He noted that the northwest portion of the land was not utilized by anyone but was intended as a multi -user area. He added that a user could utilize the southwest portion to transfer a ship off the shiplift, then move that vessel to the northwest area. Sieminski asked what the cost was to the city to keep the western portion of the property. 209 City of Seward, Alaska City Council Minutes August 23, 1993 Volume 29, P age 209 Jones replied that the cost to the city would be a 16 month period in which the City would be unable to offer the entire north rail to a newcomer in the ship repair /fabri- cation business. He added that the only available portion of the rail was located in the northwest section of the property. He further stated that approval of this resolution would give SSD the opportunity to build its 300' building, and if the building were not built by January 4, 1995, the rights to lease the property would cease. Swartz stated that Seward should remain a seaport city, and a ship repair facility was an appropriate industry. She also stated the SSD provided many jobs for the citizens. Discussion ensued concerning lost or gained revenue by the city as a result of the lease of more land to SSD. White voiced his concern with the past arbitration. Jones noted that Pruitt acknowledged that he was asking for property that the city had no obligation to provide but was requesting this property in the best interest of the community and its citizens. White moved to postpone action on this resolution until September 13,1993; the motion was seconded by Darling and carried with Bencardino, Crane, Darling, Sieminski and White voting YES and Krasnansky and Swartz voting NO. 12. UNFINISHED BUSINESS None 13. NEW BUSINESS A. license from Pioneer Bar to Victoria's View was noted, and the clerk was instructed to issue a letter of non - objection to the transfer. B. ABCB notification of application for restaurant designation as filed by Victoria's View was noted, and the clerk was instructed to issue a letter of non - objection to the application. C. Responsibility of the City Clerk's office regarding matters pending before the City Council and its boards and commissions Krasnansky stated that he had been attending hospital board meetings and noted that proper procedures were not always being followed in the conduct of its meetings. He noted that, since the clerk was a certified parliamentarian, her attendance was needed to help the board conduct its meetings properly. Krasnansky further stated that it was beneficial to the council for the parliamentarian to keep the boards in order for the betterment of the city. 210 City of Seward, Alaska City Council Minutes August 23, 1993 Volume 29, P age 21 Swartz stated that she felt the clerk's office could not cover all the meetings of the Council, Boards and Commissions. Crane stated that he had talked to the city clerk and she had agreed that the office could cover the meetings. He explained that he had discussed the hospital board issue with the clerk, and if the agenda packet was to be distributed from the clerk's office, the hospital administration would need to meet the deadline for submittal of packet materials. He stated that the Council would send a letter to the board making sure the materials were sent to the clerk in a timely manner, and if not, a new board would be appointed to ensure that the administration met the deadlines. The Council concurred with Cranes remarks. He stated that he would meet with the clerk to draft a letter to the board concerning the above issues. 14. CITY MANAGER REPORTS A. Request for work session to discuss Nash Road Small Boat Harbor Jones distributed a recent memorandum concerning the Nash Road Small Boat Harbor Development Plan. He reviewed the memo and suggested entering into a contract with Al Schafer for various phases of the plan. Crane scheduled a work session for September 14, 1993, at 7:00 p.m. Jones stated that there was a volunteer "paint the library" project happening from August 30th to September 2nd. He encouraged all interested employees, councilmembers and citizens to join in. He noted that the City Hall Building would be cleaned since painting would not benefit the appearance. Jones reported that the harbor merchants had raised over $5,500 for the parking lots in the small boat harbor and he expressed the city's thanks. He stated that the city had applied for a permit to construct the boat launch ramp in the harbor. He also noted that the Founders Day celebration would be held at the museum on August 28th from 5:00 p.m. to 8:00 p.m. 15. COUNCIL DISCUSSION SWARTZ asked if the ball field would be open for public or private parking next year. Jones replied that Randy Becker had raised a question about whether or not the city would use the field as a paid parking lot next year. He reported that the City Administration would explore new ways to encourage people to use private paid parking lots. SIEMINSIG asked how much was spent clearing the Forest Acres Campground. Jones stated that the cash outlay was $2,600. SIEMINSIQ stated that the city should 211 City of Seward, Alaska City Council Minutes August 23, 1993 Volume 29, Page 211 consider installing another handicap ramp just north of Ray's Waterfront Restaurant in the boat harbor. KRASNANSKY spoke in support of the upcoming Native Sobriety celebration. CRANE stated for the public that Resolution No. 93 -119, which was deleted and replaced earlier in the meeting, had amended the clerk's salary to $56,500 annually. He added that the clerk had agreed to continue her employment with the city. CRANE thanked Mr. D. E. Wood for his comments and input. He stated that he hoped Mr. Wood would become involved with the parking issue. 16. CITIZENS' DISCUSSION WILLARD DUNHAM, Alder & Dimond, spoke about the Oil Spill Trustees public hearing on its FY 1994 budget. He noted that many of the comments made at the hearing were far from the goals and projects envisioned for the Alaska Sea Life Center (ASLC). He noted that he had clarified the scope of the project. He stated that Attorney General Cole had officially announced that the Oil Spill Trustee's scientific team, headed by Dr. Spies, had recommended that the facility be built. He added that there was considerable testimony favoring the scientific and research aspect of the ASLC, and this far outweighed testimony given for the preservation of the land through timber buy -outs and complete habitat control. He noted that he had spoken with Governor Hickel in hopes of having a ground- breaking ceremony in October, following the approval of the release of funds by the Alaska Industrial Development Export Authority. DUNHAM commented on hunting at the duck flats. He stated that a petition with over 400 names had been presented at the last meeting in support of hunting. He advised the council that the petition should be considered when making a decision on Ordinance No. 93 -27 .. He added that the efforts of those who enjoyed hunting as a recreational sport should be recognized. DUNHAM stated that SSD could use additional land for further development and added that the city should be proud of the fact that SSD was the only working shipyard in the state. JAMES PRUITT, Maple Street, stated that the Port Advisory Board recommended that it conduct more businesslike meetings and report its recommendations to the Council in the future. 17. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS KRASNANSKY replied that Mr. -Pruitt had made a good point. He agreed that it was an excellent idea for the Port Advisory Board to report to the Council. 212 City of Seward, Alaska City Council Minutes August 23, 1993 Volume 29, Page 212 SWARTZ spoke in memory of Seward Pioneer, Eva Lindsey Culverson, who was a resident of Seward for 60 years. She stated that Ms. Culverson had owned and operated the bakery in Seward and was a lifetime citizen. CRANE stated that, in response to the comment from Dunham, the Council did not dodge the firearms issue. He replied that it was addressed at this meeting and the Council was required to follow a certain process. CRANE stated that the City was doing its best to work with Pruitt on his request to lease additional land, but according to the arbitrators finding, the Council was under no obligation to deal with this issue. JONES stated that, currently, the city code provided for permits to be issued by the manager or the police chief for hunting on city property. 18. ADJOURNMENT The meeting was adjourned at 10:22 p.m., and, after a short recess, the Council reconvened in executive session to discuss the Afognak litigation. Patricia Jones Deputy City Clerk . se su (City Seal) c `�fl - h" SEAL 'ate, E A L ! gas*& �n a City of Seward, Alaska September 7, 1993' CALL TO ORDER / - 0AICAL , OA04 Dave W. Crane Mayor City Council Minutes Volume 29, Page 212 The September 7, 1993, special meeting of the Seward City Council was called to order at 6:45 p.m. by Mayor Dave W. Crane. OPENING CEREMONY Councilmember Krasnansky led the pledge of allegiance to the flag. 213 City of Seward, Alaska September 7, 1993 City Council Minutes Volume 29, Page 21 ROLL CALL There were present: Dave W. Crane, presiding, and Louis Bencardino James Krasnansky comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Assistant City Manager Linda S. Murphy, City Clerk ABSENT were: Karen A. Swartz (Excused) Dale White (Excused) Hugh Darling Bruce Sieminski (Arrived 6:47 pm) APPROVAL OF AGENDA AND CONSENT AGENDA Krasnansky moved to approve the special meeting agenda as presented; the motion was seconded by Darling and carried by unanimous vote. CITIZENS' COMMENTS A. Agenda Items not scheduled for public hearing None B. Items other than those appearing on the agenda None SPECIAL ORDERS AND PUBLIC HEARINGS None RESOLUTIONS A. No. 93 -124, referring Ordinance No. 93 -25 to the voters at a special election to be held in the city of Seward, Alaska, on October 5, 1993. Krasnansky moved to approve Resolution No. 93 -124; the motion was seconded by Darling and carried by unanimous vote. CITY MANAGER REPORTS None COUNCIL DISCUSSION None CITIZENS' DISCUSSION None 214 City of Seward, Alaska September 7, 1993 City Council Minutes Volume 29, Page 214 COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS° COMMENTS None ADJOURNMENT The meeting was adjourned at 6:49 p.m. ,»�. Loe (- . C� Dave W. Crane Mayor City Council Minutes Volume 29, Page 214 CALL TO ORDER The September 13, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. OPENING CEREMONY Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Assistant City Manager Bradley Meyen, City Attorney Linda S. Murphy, City Clerk Hugh Darling Bruce Sieminski Dale White CITIZENS° COMMENTS 215 City of Seward, Alaska City Council Minutes September 13, 1993 Vo lum e 29, P 215 Agenda items not scheduled for public hearing None Items other than those appearing; on the agenda None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Krasnansky/Bencardino) Approve the Regular Meeting Agenda and the Consent Agenda. Murphy noted clerical errors which had been corrected in Resolution No. 93 -129, No. 93 -132, and No. 93 -133 Sieminski requested that Resolution No. 93 -128, No. 93 -133, and No. 93 -134, be moved to the regular meeting agenda. VOTE ON MOTION MOTION PASSED Unanimous The Clerk read the following approved consent agenda items: August 23, 1993. regular meeting minutes were approved as written; . Resolution No. 93 -108, approving Amendment No. 3 to the TORA for the Spring Creek Prison Industries Project No. 58281, was approved; Resolution No. 93 -125, awarding a contract to Afognak Logging to provide winter street sand, was approved; Resolution No. 93 -126, requesting municipal assistance funding from the state of Alaska, was approved; Resolution No. 93 -127, authorizing the destruction of certain public records, was approved; Resolution No. 93 -129, approving the special services contract with the Department of Public Safety, was approved; Resolution No. 93 -130, reappropriating funds for oil spill remediation at the Ft. Raymond Substation, was approved; Resolution No. 93 -131, awarding contracts for snow removal and sanding at Nash Road and Lowell Point Road, was approved; 216 City of Seward, Alaska City Council Minutes September 13, 1993 Volume 29, Page 216 Resolution No. 93 -132, approving payment for a maintenance work on substation transformers and reclosers and appropriating funds, was approved; Seward General Hospital quarterly report for the period ending 06/30/93 was noted for information; A letter of non- objection was approved for the transfer of a liquor license from Milos Nikolic to Joe K. Kim (Marina's Restaurant); A letter of non - objection was approved for a request for restaurant designation for Marina's Restaurant; and City taxable sales report for the quarter ending 06/30/93 was noted for information. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the September 7, 1993, assembly meeting. SPECIAL ORDERS AND PUBLIC HEARINGS Ordinance No. 93 -26, amending Seward City Code § 3.10.025 requiring Council approval of the Employee Classification Plan. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. MOTION (Sieminski/Swartz) Enact Ordinance No. 93 -26 Krasnansky stated that he did not understand the information the Council had received from the City Attorney which urged the Council to consider alternative methods with regards to controlling personnel costs and reclassification efforts. However, the memorandum stated that the ordinance would not be struck down or prohibited under the City Charter or state law. Krasnansky stated that the attorney's advice was confusing, and, in his opinion, classifications were a policy decision, not an administrative one. MOTION (Krasnansky/White) Postpone until September 27,1993. VOTE ON MOTION TO POSTPONE MOTION FAILED YES Krasnansky, White City of Seward, Alaska City Council Minutes September 13, 1993 Volume 29, Page 217 NO Bencardino, Crane, Darling, Sieminski, Swartz Meyen stated that Klinkner s letter indicated that his review of other codes indicated that reclassifications were usually handled by the city manager, not the city council. Jones stated that the attorney's memorandum was written in order to give the council the weight of evidence to leave the Code as it was currently written. He stated that this was a matter of confidence between the manager.and the council, and if the council could not trust the manager to handle reclassifications within the policy guidelines set by the council, there was a greater problem which should be addressed. Jones stated that requiring council action of reclassification actions would politicize the process. Swartz stated that Council was exercising its discretionary powers in taking an active interest in this area. She stated that everyone was worried about money, and the raises given earlier in the year had upset members of Council. White noted that the ordinance would require the city manager to bring recommendations to the Council for action, and if the manager could justify the increase, there should be no problem with its approval. Darling concurred with White and Swartz. He added that, if mutual confidence did break down, he would hate to see a round of large salary increases go through as a parting shot without the knowledge of the Council. He stated that the ordinance was a good one as written. MOTION (Krasnansky/Darling) Amend by removing the word "major" from subsection 3.10.035 (6). VOTE ON MOTION TO AMEND MOTION PASSED Unanimous Crane stated that he supported the ordinance because it would put any new reclassifications before the public. VOTE ON MOTION TO ENACT MOTION PASSED Unanimous Ordinance No. 93 -27, amending Seward City Code § 10.10.030 regarding hunting and the discharge of firearms within the city limits. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. City of Seward, Alaska City Council Minutes September 13, 1993 Volume 29, Page 218 STANLEY LEMAS, Mile 6.5, stated that he was a lifelong resident of Seward and had hunted in the duck flats for many years. He stated that neither, the Soldotna nor the Kenai airports were near hunting areas and this accounted for the ban on hunting in and around these airport areas. He further noted that hunting in Seward was not conducted within airport property. Lemas stated that the kill shot range for No. 2 and No. 3 shot was 50 yards, and hunters in the duck flats would be 255 yards from the nearest runway. Lemas noted that hunters in Seward have had a perfect safety record and he urged the Council to amend the ordinance to allow duck hunting at the duck flats. TOM WALKER, Chief of Police, stated that Lemas was correct about the Kenai ordinance. He noted that neither Soldotna nor Homer allowed any kind of hunting within their city limits. Walker stated that duck hunting had become an emotional issue, and he asked the Council to put their emotions aside and deal with this matter as a public safety issue. He asked the Council to determine whether it was more important to the community that a few people have the right to shoot any weapon anywhere, or, was it more important to provide a safe place for residents of the city to live and recreate. Walker stated that he fully supported the concept of supervised ranges within the city. He further stated that he had read the amendment Mayor Crane would be proposing, and he could support it. He urged the Council to take some definitive action rather than passing this problem to a future Council. DWAYNE LEVAN, 429 Fourth Avenue, stated that residents had hunted in this area (the duck flats) since 1946. He noted that this area was classified as wetlands and would never be developed and, therefore, should accommodate duck hunting. WILLARD DUNHAM, Forest Acres, stated that he appreciated Chief Walkers comments and the problems he foresaw; however, he hoped the city had not changed to the degree he suggested by the Chief. He urged the Council to designate this area as a duck hunting area. No one else appeared in order to be heard, and the public hearing was closed. MOTION (Swartz(Krasnansky) MOTION (Crane/Darling) Enact Ordinance No. 93 -27 Delete § 10.10.030 in its entirety and add: A. No person shall discharge any firearms, air rifle, BB or pellet gun, cross -bow or long bow within the city except at an ap- proved range or as noted in subsection B. of this section. B. Hunting with shotguns using a steel shot size no larger than Number 2 shall be allowed by permit in areas designated for hunting by the Chief of Police. 221 City of Seward, Alaska City Council Minutes September 13, 1993 Volume 29, Page 22 1 RESOLUTIONS Resolution No. 93 -123, providing policy direction to the City Manager regarding expansion of the area leased by Seward Ships Drydock,Inc., at the Seward Marine Industrial Center. Crane noted that a motion to approve the resolution, as amended, had been postponed from the last meeting. He opened the floor for discussion. VOTE ON MOTION TO APPROVE MOTION PASSED Unanimous Resolution No. 93 -128, approving a vendor permit authorizing the sale of the Seward Phoenix Log on public property. MOTION (Sieminski/Bencardino) Approve Resolution No. 93 -128 Sieminski asked if newspaper stands were illegal. Jones noted that vendor permits were limited to human beings, not newspaper machines. In response to a question from - Sieminski, Jones noted that anyone wanting to sell other goods would have to come before the Council for permission to do so. Krasnansky noted that the city's lack of a process to issue vendor permits had come back to haunt the Council. Jones noted that the process was working as the ordinance intended. Krasnansky agreed that allowing the sale of newspapers on public property was a good idea. He noted, however, that when Mike Dunn wrote a letter asking for a permit for selling firewood in the campgrounds, he was not given a resolution and the Council was never given a chance to vote yes or no on his request. He stated that it appeared that the " was being given preferential treatment. Jones noted that there were clear distinctions between children selling newspapers and adults competing in commercial ventures. VOTE ON MOTION MOTION PASSED Unanimous Resolution No. 93 -133, authorizing payment for fuel consumed by city -- generators during a scheduled power outage associated with transmission line construction. MOTION (Sieminski/Swartz) Approve Resolution No. 93 -133 222 City of Seward, Alaska City Council Minutes September 13, 1993 Volume 29, Page 222 In response to a question from Sieminski, Calvert stated that this fuel would be purchased from transmission line grant funds, with a portion of the costs to be borne by the contractor. VOTE ON MOTION MOTION PASSED Unanimous Resolution No. 93 -134, accepting a grant from the Kenai Peninsula Borough School District, appropriating grant and matching funds and amending the Parks and Recreation Budget to provide a Community Schools Program in Seward. MOTION (Sieminski/White) Approve Resolution No. 93 -134 In response to a request from Sieminski, Jones read the memorandum from the Parks and Recreation Director regarding the funding for the program. VOTE ON MOTION MOTION PASSED Unanimous UNFINISHED BUSINESS None NEW BUSINESS None CITY MANAGER REPORTS Grain Terminal Update Jones noted that the city was in receipt of $400,000 from the sale of the grain terminal. Jones also noted that the city had received a release of all claims regarding the Afognak case. He updated the Council with regards to the B Street Dock, the Forest Acres Campground brush clearing project, and a recent meeting with the newly formed Charter Boats Association. Jones requested a special meeting just prior to Tuesday night's work session to consider action on a resolution approving a grant agreement with SAAMS. COUNCIL DISCUSSION DARLING noted that the Hospital Board would be conducting an auction on September 26th at 3:00 p.m. to fund the purchase of hospital equipment. BENCARDINO noted the passing of Police Dispatch Supervisor Alice Pickett. 219 City of Seward, Alaska City Council Minutes September 13, 1993 Volum 29, Page 219 Krasnansky stated that he was concerned with the prohibition of BB guns and long bows. Swartz stated that the Council should be more specific with regards to the area which should be used for hunting by limiting it to the airport duck flat areas. Crane stated that he did not see a need for this change. Darling noted that Walker seemed concerned about this location. He suggested that shotguns be prohibited within 100 yards of the airport runways or buildings. VOTE ON AMENDMENT MOTION PASSED Unanimous MOTION (Krasnansky/Bencardino) Amend by deleting "the Chief of Police" and inserting "resolution of the Council' in subsec- tion B. White asked if issuing permits for hunting exposed the city to additional liability. Meyen stated that the permit was merely a way of administering the provisions of the ordinance and would not increase liability to the city. VOTE ON MOTION TO AMEND MOTION PASSED YES Bencardino, Darling, Krasnansky, Sieminski, Swartz, White NO Crane Krasnansky proposed limiting the number of permits to ten to address Walker's concern regarding overcrowding. Swartz stated that people usually went hunting as a family unit. She stated that, although there might be several groups hunting in this small area, the hunters were not shooting birds on the ground, but were targeting birds going up and away. Crane stated that he concurred with Swartz and wished to make it as simple as possible to administer this program. He stated that he was comfortable with Chief Walker doing his job properly and did not want to over - regulate this issue. MOTION (White/Krasnansky) Amend by deleting "BB or pellet gun, air rifle, cross -bow or long bow" from subsection and adding a new subsection C to read "The use of air rifles, BB guns, cross -bows and long bows is allowed by persons over the age of 16, or younger when supervised by an adult" 220 City of Seward, Alaska City Council Minutes September 13, 1993 Volume 29, Page 22 Swartz stated that she did not agree with this amendment and preferred to see in- city shooting, other than hunting, at a range approved for this type of activity. White stated that he could not see the need to take a BB gun out of the city limits to legally fire it. He stated that this was the way many parents taught gun safety to their children. Krasnansky concurred. Sieminski stated that only light velocity weapons such as BB guns and small bows should be allowed in the city outside of approved ranges. . MOTION (Sieminski/Swartz) Amend by deleting "cross-bow from the amendment. VOTE ON SECONDARY AMENDMENT MOTION PASSED YES Bencardino, Crane, Darling, Sieminski, Swartz, White NO Krasnansky VOTE ON PRIMARY AMENDMENT MOTION PASSED Unanimous VOTE ON MOTION TO ENACT MOTION PASSED Unanimous RECESS: The meeting was recessed at 9:05 p.m. and reconvened at 9:15 P.M. PRESENTATIONS WITH PRIOR NOTICE ONLY Stan Steadman, Kenai Peninsula Health Care Advisory Cou - KPB Health Powers ballot proposition Steadman thanked the Council for its support of the Borough Economic Development District. He gave a brief history of the Health Care Advisory Council and urged Council support of the borough proposition which would allow the borough to assume areawide health care powers. Richard Boyd Chairman, Seward Communijy Hospital Board - KPB Health Care Powers ballot proposition Boyd noted that the Community Hospital Board supported this proposition, and he urged everyone to vote YES on Proposition No. 6 on October 5th. ORDINANCES FOR INTRODUCTION None 223 City of Seward, Alaska City Council Minutes September 13, 1993 V 29, Page 223 SWARTZ noted that she had received a letter from the CEO of the Village of Eklutna regarding the unfair treatment he had received at a private campground in Seward. She stated that she would be writing a letter of apology to him on behalf of the city. CRANE offered his condolences to the Pickett family. CRANE scheduled a special meeting to begin at 6:45 p.m. on September 14th to consider the resolution approving the SAAMS grant administration agreement. CITIZENS' DISCUSSION None COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 10:00 p.m. mda S , 4urphy, CM AAE Dave W. Crane ,( City,Clerk :. `' <;,. Mayor 1 Y (CY "Seal) r 224 City of Seward, Alaska City Council Minutes September 14, 1993 Volume 29, Page 224 CALL TO ORDER The September 14, 1993, special meeting of the Seward City Council was called to order at 6:50 p.m. by Mayor Dave W. Crane. OPENING CEREMONY Bencardino led the pledge of allegiance to the flag. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Tyler Jones, City Manager Linda S. Murphy, City Clerk CITIZENS' COMMENTS Hugh Darling Bruce Sieminski Dale White A. Agenda items not scheduled for public hearing None B. Items other than those appearing on the agenda None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Krasnansky/White) VOTE ON MOTION MOTION PASSED RESOLUTIONS Approve Special Meeting Agenda. Unanimous Resolution No. 93 -135, authorizing the city manager to enter into an agreement with SAAMS for the purpose of passing through $100,000 in grant funds from the state of Alaska and appropriating funds, MOTION (Swartz,/White) Approve Resolution No, 93 -135 225 City of Seward, Alaska September 14, 1993 City Council Minutes Volume 29, Page 225 VOTE ON MOTION MOTION PASSED Unanimous UNFINISHED BUSINESS None NEW BUSINESS None CITY MANAGER REPORTS None COUNCIL DISCUSSION KRASNANSKY noted that, on September 13th, the Council had approved a resolution allowing the Phoenix Loy to sell newspapers in city campgrounds. He stated that the city did not appear to be administering the requests for vendor permits uniformly and he requested that the Council schedule this issue for discussion at the next regular meeting. Jones stated that he understood Krasnansky's concerns. He stated that, in the future, all requests for vendor permits would first be submitted to Council to determine if the Council wished to have a resolution prepared approving the request. CITIZENS' DISCUSSION None COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT x C ity The meeting was adjourned at 6:56 p.m. S. IN (City Seal) 2 � 1 ,.., 0 A '" p aol?" If C Dave W. Crane Mayor 226 City of Seward, Alaska City Council Minutes September 27, 1993 Volume 29, P age 22 CALL TO ORDER The September 27, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk CITIZENS' COMMENTS Hugh Darling Bruce Sieminski Dale White Agenda items not scheduled for public hearing None Items other than those appearing on the agenda None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Krasnansky/Bencardino) Approve the Regular Meeting Agenda and the Consent Agenda. Crane added to "Presentations with Prior Notice" Borough Assembly Member and Alaska Municipal League Vice President John Torgerson and AML Representative Chrystal Smith. VOTE ON MOTION TO APPROVE APPROVED AS AMENDED Unanimous 227 City of Seward, Alaska City Council Minutes September 27, 1993 Volume 29, Page 227 The Clerk read the following approved consent agenda items: The September 7, 1993, minutes were approved as written; The September 13, 1993, minutes were approved as written; The September 14, 1993, minutes were approved as written; Ordinance No. 93-28, prohibiting commercial activity on recreational trails within the city, was introduced and public hearing was set for October 11, 1993; Resolution No. 93 -136, rescinding Resolution No. 93-128 and approving a newspaper vendors permit for the sale of the Seward Phoenix Log, was approved; Resolution No. 93 -137, approving the city's legislative priority list of capital projects for funding under the states municipal capital projects matching grant program, was approved, Resolution No. 93 -138, accepting and appropriating state revenue sharing funds for health facilities, was approved; Resolution No. 93 -139, designating a duck hunting area within the city limits, was approved; Resolution No. 93 -141, directing the administration to prepare Federal Land and Water Conservation Fund grant proposals for Fiscal Year 1995, was approved; and Resolution No. 93 -142, amending the Water Tariff to provide monthly and annual fees for fire hydrants, was approved. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the most recent meeting of the assembly. SPECIAL ORDERS AND PUBLIC HEARINGS PRESENTATIONS WITH PRIOR NOTICE ONLY TOHN TORGERSON, Kenai Peninsula Borough Assembly Member, and CHRYSTAL SMITH, representing the Alaska Municipal League Torgerson and Smith had not yet arrived, and the Mayor agreed to take this item of business out of order upon the arrival of the speakers. ORDINANCES FOR INTRODUCTION None 228 City of Seward, Alaska City Council Minutes September 27, 1993 Volume 29, Page 228 RESOLUTIONS Resolution No. 93 -140, amending the City Council budget by appropriat- ing funds for Council attendance at the Alaska Municipal League's annual conference. MOTION (Sieminski/Swartz) Approve Resolution No. 93 -140 Crane stated that the Municipal League conferences provided much needed information and training for elected officials; however, he was reluctant to approve this expenditure in light of the cuts the Council had required of other departments of the city. He added that he would support the resolution and hoped that this travel would not have to be cut if the sales tax was overturned by the voters in October. Krasnansky noted that he was willing to pay his own way to attend the Municipal League meetings and would attend no matter the outcome of the vote on this resolution. Swartz stated that she had attended several Municipal League conferences during her 8 years of service on the Council and had always found them to be beneficial. She stated. that the cost was well worth the benefit the city received in return. Krasnansky asked how repeal of the sales tax would affect this appropriation. Jones noted that, if Proposition 1 passed and $141,000 was not available as budgeted, spending in the General Fund would have to be reduced. He noted that whether this particular expenditure would be affected would depend on the results of public and Council input. White stated that the experience and knowledge gained from participation in this training could conceivably keep the city out of trouble and out of court, and, for this reason, this was a worthwhile expenditure. Jones stated that a direct parallel could be drawn with professional development of the staff at seminars and conferences. He stated that participation in training and conferences gave attendees a fresh perspective. Jones stated that he supported both staff and council professional development. VOTE ON MOTION TO APPROVE Motion Passed Unanimous UNFINISHED BUSINESS None NEW BUSINESS None 229 City of Seward, Alaska City Council Minutes September 27, 1993 Volume 29, Page 229 CITY MANAGER REPORTS JONES reported that, at the request of Councilmember Swartz, the scenic overlooks along Nash Road had been cleared of brush under the community work service program, and it was now possible to see across the Bay to Seward. JONES stated that a preliminary meeting of the Parking Committee had been held to begin discussing paid parking at the Small Boat Harbor. He noted that the next scheduled meeting was October 12th at 2 p.m. JONES updated the Council on the Whittier access study and told them that the next meeting would be held on October 13th. JONES noted that, as a result of the joint work session with the hospital, he had met with Richard Jones, Administrator of the Wesley Rehab Center. He stated that he would present a written report for the Council soon. JONES reported that the Resource Development Council of Alaska had met in Seward on Saturday. JONES stated that the Arctic Chamber Orchestra had performed before a full auditorium at Seward High School on Saturday. JONES noted that he had received a draft project needs report for ISTEA funding which indicated that Seward had fared well with several projects in the first priority listing, including Exit Glacier Road, restrooms and dump station at the Seward Chamber of Commerce Office, restoration of the Ferry Terminal to its original motif, Seward historic Railroad Terminal restoration and downtown street lighting. JONES gave a status report on the B Street Dock project. He noted that the University of Alaska Board of Regents had voted to include $4 Million in its capital request for the B Street Dock. He added that he had asked the Marine Highway System to request a like amount. Jones stated that he hoped to have a funding request package ready in time for the 1994 legislative session. JONES noted that four members of the Parks and Recreation Department had attended the state recreational conference in Valdez. He stated that Seward had bid to host the 1995 state conference. JONES stated that he had received a final feasibility report from AIDEA regarding the SAAMS project. He stated that, overall, the report was very positive. 230 City of Seward, Alaska City Council Minutes September 27, 1993 Volume 29, Page 230 COUNCIL DISCUSSION a WHITE asked if the Mayor had addressed the letter from D. E. Wood. Crane responded that he had. SIEMINSKI asked if the sidewalks that had been removed were being replaced. Jones stated that he would look into this. KRASNANSKY noted that Resolution No. 93 -136, allowing the sale of newspapers on public property, had been approved by the Council. He stated that, without a policy setting guidelines for issuing and denying permits, the city would be unable to deny any request for a permit without appearing to be capricious in its decision making process. CRANE announced that the Chamber of Commerce would host a forum on the proposed borough health care plan on Thursday at 7:00 p.m at the AVTEC auditorium. CITIZENS' DISCUSSION MARGARET ANDERSON, 200 Marathon Drive, commended and thanked Swartz and White for serving on the Council for the last 2 years and expressed her appreciation to Crane and Darling and stated that she hoped they would be, re- elected. She also thanked Bencardino, Krasnansky and Sieminski and stated that she hoped to join them after October 5th. JIM PRUITT, Maple Street, stated that he was privy to the letter from Mr. Wood and wished to assure the Council that his allegations were untrue. He stated that he resented the implication that he had attempted to bribe a city official to further his own business ends. D. E. WOOD, 407 -1/2 Madison Avenue, stated that the City Manager had told him that Pruitt had offered him a bribe. Wood stated that he was willing to pay for a polygraph test to prove the truth of his statements. RECESS: The meeting was recessed at 8:20 p.m. and reconvened at 8:30 p.m. PRESENTATIONS WITH PRIOR NOTICE (Taken out of Order) JOHN TORGERSON AND CHRYSTAL SMITH - Torgerson noted that he had mailed a letter to Crane regarding AML's new dues structure and had requested this opportunity to explain the proposed new system and his proposal to assure that the borough continued to pay the bulk of the dues for the cities. He stated that, prior to this year, the cities in organized boroughs had paid a service fee, and the boroughs had been assessed the major portion of dues owed to the Municipal League. Torgerson noted that some of the larger municipalities had not paid dues for next year, and the cities within their borough boundaries were required to make up the difference. In order to assure 231 City of Seward, Alaska City Council Minutes September 27, 1993 Volume 29, Page 231 that all cities were treated equally, the Board had elected to amend the dues structure to require that all cities assume their fair share of the dues paid. Torgerson noted that he had sponsored a resolution for the Kenai Peninsula Borough Assembly which would require the borough to continue to pay the bulk of the dues, leaving only a small service fee to be paid by the cities. He noted that, when phased in over a 5 -year period, this would result in a real savings to the cities in the Kenai Peninsula Borough. Torgerson noted that the borough resolution required each city to pass a similar resolution, and he asked the Council to pass such a resolution before October 12th so that the city's resolution could be presented to the Borough Assembly before it voted. Torgerson also noted that the North Star Borough's proposal for a weighted vote structure would be coming before the membership in November; however, he did not expect it to pass. CHRYSTAL SMITH stated that the Kenai Peninsula Borough was well represented and had a lot of clout with the Municipal League. She urged the Council to participate in the upcoming AML Conference in Kenai in November. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS CRANE, responding to Wood's comments, stated that he had confronted the City Manager when Wood initially approached the Council regarding his accusations and had thought that this issue was settled. He informed Wood that neither he nor the Council intended to become involved in his disputes with either the City Manager or Jim Pruitt and advised him to settle his differences privately. Crane noted that he would be returning Mr. Wood's $1,000 check. ADJOURNMENT The meeting was adjourned at 8:55 p.m. _.X: 4 $" Y �'E' . �✓ . 1. A� E Dave W. Crane Mayor 232 City of Seward, Alaska October 6, 1993 City Council Minutes Volume 29, Page 232 CALL TO ORDER The October 6, 1993,. special meeting of the Seward City Council was called to order at 4:00 p.m. by Mayor Dave W. Crane. OPENING CEREMONY Councilmember Darling led the pledge of allegiance to the flag. ROLL CALL There were present: Dave W. Crane, presiding, and Hugh Darling James Krasnansky Karen Swartz comprising a quorum of the Council; and Patricia Jones, Deputy City Clerk ABSENT was (were): Louis Bencardino Bruce Sieminski Dale White APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Krasnansky /Swartz) VOTE ON MOTION Motion Passed CITIZENS' COMMENTS To approve the agenda as presented. Unanimous Agenda items not scheduled for public hearing None Items other than those appearing on the agenda None SPECIAL ORDERS AND PUBLIC HEARINGS None RESOLUTIONS None NEW BUSINESS 233 City of Seward, Alaska City Council Minutes October 6, 1993 V 2 9, P age 2 33 Canvass of October 5, 1993, Regular and Special Municipal Election (These elections were held in concert with one another). The Deputy Clerk noted that the city had conducted a regular and special municipal election on Tuesday, October 5,1993, at which 677 voters had cast city ballots. Jones noted that she had displayed the precinct registers, questioned voter and absentee voter logs and the unofficial results of the election. She noted that the Counting Center had counted the ballots of 657 voters who were properly registered in time for the election and whose names appeared on the precinct registers. 20 voters had been required to cast questioned ballots because their names did not appear on the precinct registers. Jones distributed a list bearing the names of the 71 electors who had requested absentee ballots. She noted that 63 of the requested ballots had been returned to the city in time to be considered by the Canvass Board. She reported that 62 ballots were cast by qualified electors of the city and one ballot was cast by an unqualified elector residing in the city. She recommended that the Canvass Board reject the ballot cast by the following voter for the reason set forth below: Precinct No. 1 William B. Moore (No record of voter registration) MOTION (Krasnansky /Swartz) VOTE ON MOTION Motion Passed To reject the ballot as recommended by the Deputy Clerk. Unanimous Jones put the rejected ballot aside for safekeeping. Jones recommended that the Canvass Board count the ballots cast by the following voters: Precinct No. 1 Eileen Albertson Galen W. Albertson Dane R. Amos John Paul W. Ashley Ruth O. Bomstead Seth A. Branson L. Lavern Buchanan Perry N. Buchanan Precinct No. 2 Carolyn S. Ainsworth Floyd M. Ainsworth Judi Andrijanoff Nancy A. Blair William G. Blair Margaret Brossow C. Keith Campbell Anne Castellina 234 City of Seward, Alaska October 6, 1993 City Council Minutes Volume 29, Page 234 Romaine Chandler Linda Ann Clayton Sue Clifton Manfred Dietrich Harold R. Fosselman Marilyn M. Fosselman Amy E. Hitt Christine E. Hopkins Ewana Jackson Mark Kansteiner Donna L. Kowalski Martin N. Kowalski Eric Landenburger Jean A. Lewis Jimmy E. Lewis Wilma A. Lind Carol Lindsey Dale R. Lindsey Robert G. Linville III Catherine McMillan Carla Norman :Donald J. Oldow Pamela F. Oldow Michael R. Plate Barbara G. Shea Seward B. Shea William C. Shuster Aron M. Wiklund Margaret C. Wilkens Walter Wilkens MOTION (Krasnansky /Swartz) VOTE ON MOTION Motion Passed Willard Dunham Robert B. Hill Shirley A. Hill Larry E. Johnson Donald D. Lust Eleanor A. McDonald William S. McDonald Tod A. McGillivray Craig A. Meyer Herman Nelsen Wayne G. Ronne Dallas R. White Frankie S. White Karen Wickersham Gordon A. Wickstrom Marguerite Nancy Wickstrom To count the absentee ballots as recommended by the Deputy Clerk. Unanimous As Krasnansky read the names on the absentee ballot envelopes, Swartz opened the outer envelopes, removed the inner envelopes and set them aside to be opened later in the meeting. Jones distributed a list of persons casting questioned ballots on election day. She stated that 20 questioned ballots had been cast by voters whose names did not appear 235 City of Seward, Alaska October 6, 1993 City Council Minutes Volume 29, Page 235 on the precinct registration lists. She recommended that the Canvass Board reject 17 of the questioned ballots as follows: Precinct No. 1 Mark E. Anderson (Registered in Anchorage) Margaret D. Clark (Registered in Anchorage) Donna Marie McLean (Registered in Anchorage) Sean T. McLean (Registered in District 6, Precinct 33, [Lowell Point]) Janice M. Perdue (Registered in Anchorage) Precinct No. 2 Susannah M. Agnone (Registered in Bear Creek) Gregory Alan Bryant (Registered in Bear Creek) Janette Cadieux - Lexmond (Registered in Soldotna) Carol S. Carter (No record of voter registration) Cory J. Christensen (Registered in Bear Creek) Lois E. Christensen (Registered in Bear Creek) Everett T. Corbin (Registered in Bear Creek) Linda S. Corbin (Registered in Bear Creek) Jennifer Headtke (Registered in Moose Pass) James Herbert (Registered in Homer) Colleen H. McConnell (Purged 07 /09 /93/Inactive status) Tammy Jae Samford (Registered in Bear Creek) MOTION (Krasnansky /Swartz) To reject the questioned ballots as recommend- ed by the Deputy Clerk. VOTE ON MOTION Motion Passed Unanimous Jones put the rejected ballots aside for safekeeping. Jones stated that 3 of the questioned ballots had been cast by qualified voters of the city, and she recommended that the board count the ballots cast by the following: Precinct No. 1 Bradley Tyler Jones Jr. (Registered in Precinct 1, name appeared on register in Precinct 1, voted in precinct 2) William B. Shattuck Jr. (Registered in Precinct 2, Voted in Precinct 1) James Sturtz (Name did not appear on registration list through computer error) 236 City of Seward, Alaska October 6, 1993 City Council Minutes Volume 29, Page 236 MOTION (Swartz/Krasnansky) VOTE ON MOTION Motion Passed To count the questioned ballots as recommend- ed by the Deputy Clerk. Unanimous As Krasnansky read the names on the questioned ballot envelopes, Swartz opened the outer envelopes, removed the inner envelopes and put them aside with the waiting absentee envelopes. The inner envelopes were then shuffled and opened by Swartz. The ballots were removed and read aloud by Krasnansky as City Manager's Secretary Annie. Martin and Electrical Assistant Kathy Hettick conducted the tally. Jones read the results of the combined totals as follows: MAYOR (2 -Year Term; 1 to be elected) Precinct 1 Precinct 2 Abs/Quest. Total CRANE, Dave W. 261 216 44 521 Sutherland, Donald A. 83 50 18 151 Write -Ins 6 4 1 11 COUNCILMEMBER (2 -Year Term; 3 to be elected) ANDERSON, Margaret 258 219 55 532 CHRISTOLEAR, Walter F. 72 40 12 124 DARLING, Hugh W. 147 108 34 289 DEETER, Darrell 100 113 9 222 GILES, Dona (Estes) 31 23 3 57 HOLLAND, Don 76 71 20 167 O'BRIEN, Patrick D. 147 112 37 296 SNOWDEN, Brad 92 51 9 152 STOLTZ, Victor 54 52 7 113 Write -Ins 8 0 0 8 PROPOSITION NO. A Repeal of sales tax increase) YES 248 186 41 475 NO 89 86 21 196 TOTAL VOTES CAST: 375 302 71 748 TOTAL VOTES COUNTED: 368 289 65 722 237 City of Seward, Alaska City Council Minutes October 6, 1993 V olume 29, Page 237 Jones stated that any defeated candidate or any 10 qualified voters could protest the election by filing a written complaint with the City Clerk prior to 5:00 p.m., Monday, October 11, 1993. She added that if no such protest was filed, the City Council would certify the election as valid and declare the results official at its October 11, 1993, regular meeting. CITY MANAGER REPORTS None COUNCIL DISCUSSION Krasnansky stated that he was pleased to see so many citizens interested in serving their community. He noted that he was happy about the percentage of citizens who voted at the polls. Swartz stated that she was proud to see a large citizen turnout at the polls. She congratulated the newly elected officials and re- elected incumbents. CITIZENS' DISCUSSION None COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 5:02 p.m. Patricia J. Jones Deputy City Clerk (City ab " .L • fi � K�. u4. Dave W. Crane Mayor 238 City of Seward, Alaska City Council Minutes October 11, 1993 Volume 29, Page 238 CALL TO ORDER The October 11, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. OPENING CEREMONY Councilmember Swartz led the pledge of allegiance to the flag. ROLL CALL There were present: Dave W. Crane, presiding, and Louis A. Bencardino James Krasnansky Karen A. Swartz comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Deputy City Manager Thomas F. Klinkner, City. Attorney Linda S. Murphy, City Clerk CITIZENS' COMMENTS Hugh Darling Bruce Sieminski Dale White Agenda items not scheduled for public hearing None Items other than those appearing on the agenda BRAD SNOWDEN, 525 Sixth Avenue, spoke regarding his conditional use permit for construction and operation of a hotel in the Small Boat Harbor. He stated that he had met all conditions imposed by the Planning Commission for construction of his hotel. Snowden stated that newly elected Councilmember Anderson had called earlier in the day asking questions about his hotel project, and he questioned her motives for doing so. Snowden also claimed that the city manager had instructed the city attorney to look for ways to stop his project after it was approved by the Planning Commission. He asked the Council to allow him to continue with his project without interference. HERMAN LEIRER, Dairy Hill, noted a state meeting regarding Resurrection River scheduled to take place on October 21st, and he urged everyone interested to attend. He warned that something should be done to prevent future flooding soon and noted that it was important that the city participate in the upcoming meeting. 239 City of Seward, Alaska City Council Minutes October 11, 1993 Volume 29, Page 239 APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (SWARTZ/BENCARDINO) To approve the regular meeting agenda and the consent agenda as presented. Sieminski asked to remove Resolutions A, B, and C from the Consent Agenda to the Regular Meeting Agenda. VOTE ON MOTION TO APPROVE AS AMENDED Motion Passed Unanimous The Clerk read the following approved consent agenda items: The September 27, 1993, regular meeting minutes were approved as written; The October 6, 1993, special meeting minutes were approved as written; Resolution No. 93 -146, approving a change order to the contract with Dryden & LaRue for engineering services for Phase II of the 115 KV Transmission Line Project, was approved; An update on the Lowell Point sewage lagoon reconstruction was noted for information. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the most recent assembly meeting and other areas of concern to the city. SPECIAL ORDERS AND PUBLIC HEARINGS Certification of the October 5, 1993, election MOTION (Krasnansky /Swartz) VOTE ON MOTION Motion Passed To certify the October 5, 1993, election and to declare the results official. Unanimous Swearing -in and seating newly elected officials Before turning the floor over to the Clerk for the swearing -in ceremonies, the Mayor presented retiring Councilmembers Swartz and White with certificates thanking them for their service to the community. 240 City of Seward, Alaska City Council Minutes October 11, 1993 Volume 29, Page 240 The Clerk administered the oath of office to newly elected Councilmembers Margaret Anderson and Patrick D. O'Brien, re- elected Councilmember Hugh Darling and re- elected Mayor Dave W. Crane. The newly elected Councilmembers assumed their seats at the dais and participated in the remainder of the meeting. Ordinance No. 93 -28, amending Seward City Code § 11.05.040 to prohibit commercial activities on recreational trails within the city. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. MOTION (Sieminski/Bencardino) To enact Ordinance No. 93 -28 Murphy noted that the ordinance had been modified by placing the new language in Section 7.15.015 rather than in Section 11.05.040. VOTE ON MOTION TO ENACT Motion Passed Unanimous PRESENTATIONS WITH PRIOR NOTICE ONLY Hospital Board Applicants DAVE W. BUTTS, Mile .5, Exit Glacier Road, stated that he felt he would be an asset to the Hospital Board. He noted that he was a long -time resident of Seward and was an employee of the Alaska Vocational Technical Center. DENISE JOHNSON, 207 Benson, stated that she had strong community ties to Seward and elaborated on her medical background. She stated that the single most important issue before the Hospital Board at this time was the need to rebuild community confidence in the hospital, and purchasing the clinic had been a positive step in that direction. JAYNE NOLL, 112 Fourth Avenue, stated that she had served on the hospital board for three years and hoped to be allowed to continue that service. She stated that she was born in Seward and intended to spend the rest of her life here. Noll stated that she felt that she had done a good job on the hospital board and wished to continue working on several current projects. ORDINANCES FOR INTRODUCTION 241 City of Seward, Alaska October 11, 1993 RESOLUTIONS City Council Minutes Volume 29, Page 241 Resolution No. 93 -143, waiving moorage charges for all transient U. S. Coast Guard Cutters MOTION (Sieminski/Krasnansky) Adopt Resolution No. 93 -143 Anderson asked for a clarification of the word "temporary ". Jones noted that the transient Coast Guard stays varied, but were usually under one week. He further noted that any non - revenue generator would be required to make way for a revenue generator. VOTE ON MOTION TO ADOPT Motion Passed Unanimous Resolution No. 93 -144, urging an exemption to the mandatory municipal self -pay dues program by the Alaska Municipal League MOTION (Sieminski/Bencardino) Adopt Resolution No. 93 -144 In response to a question from Anderson, Murphy noted that the borough's ordinance to exempt mandatory fees was contingent upon every city within the borough adopting a similar resolution. Therefore, if one of the other cities failed to participate, the borough's resolution would not go forward. VOTE ON MOTION TO ADOPT Motion Passed Unanimous Resolution No. 93 -145, approving a change order to the contract with R & M Consultants to provide geotechnical services for the B Street Dock MOTION (Sieminski/Beneardino) Adopt Resolution No. 93 -145 Bencardino asked if the city should be spending money before it was clear what the Alaska Railroad intended to do with its dock. Jones stated that no real decision could be made on the B Street Dock without the geotechnical study. Sieminski stated that he favored going forward with the study at this time. Anderson stated that she felt the city should go forward with the planning, but objected to asking for an additional $50,000 over the original contract. Jones stated that the change in the estimate was due to a change in the scope of the work. He added that these additional factors could not have been foreseen when the original proposal was made. 242 City of Seward, Alaska City Council Minutes October 11, 1993 Volume 29, Page 242 Darling noted that the total price included a $35,000 contingency, and there was a good possibility that the contract would be less than indicated. O'Brien asked if funding was coming from a legislative grant and if the funds could be used for anything else. Jones noted that the grant funds could be used only on the B Street Dock project. VOTE ON MOTION TO ADOPT Motion Passed Unanimous UNFINISHED BUSINESS NEW BUSINESS Appointment of Communes Hospital Board Murphy noted that Larry Kincheloe and James Philp had withdrawn their applications. She then distributed ballots and asked the Council to vote for not more than three applicants. Murphy retrieved the signed ballots, tabulated the results and announced that the top vote - getters were Dave Butts, Denise Johnson and Jayne Noll. Crane asked that the Council appoint Dave Butts and Denise Johnson to three - year terms on the Community Hospital Board and Jayne Noll to a two -year term on the board by unanimous consent. There was no objection from the Council. Election of Vice Mayor Crane called for nominations for Vice Mayor. Anderson nominated Krasnansky to serve as Vice Mayor until the next regular election. Krasnansky was elected Vice Mayor by unanimous consent. Appointment of Council representative to the Community Hospital Board Crane appointed Anderson to serve as the Council representative to the Community Hospital Board until October 1994. CITY MANAGER REPORTS JONES congratulated and welcomed the new members of Council. He asked the Mayor to consider an appointment of a Council representative to the Parking Committee which was scheduled to meet Tuesday afternoon. JONES stated that his direction to the attorney with respects to Snowden's hotel project was to determine if the hotel was an appropriate use under the Small Boat Harbor Management Plan. He noted that, as the attorney's review revealed, the Management Plan placed this property under the Harbor Commercial Zone, making this development possible. 243 City of Seward, Alaska City Council Minutes October 11, 1993 Volume 29, Page 243 COUNCIL DISCUSSION ANDERSON stated that, in view of the failure of the sales tax, a work session was in order to review the budget. She also noted that Emily Ransom had placed first in state cross country for the fourth year. SIEMINSKI agreed that a work session was needed to discuss budget amend- ments. Jones stated that he had talked to each of the members of the Council regarding the steps to be taken to balance the budget now that the sales tax had been defeated, and he planned to put forth a recommendation and would be happy to discuss it in a work session. O'BRIEN concurred with Sieminski and suggested that a work session was needed prior to the City Manager's attempt to develop recommendations. He also noted that many Small Boat Harbor business owners felt they were not represented on the Small Boat Harbor Parking Committee. Jones responded that the Parking Committee was originally created to represent various boards and commissions rather than special interest groups. O'Brien stated that the businesses needed to be involved in the process. Crane noted that input had been sought from all aspects of the public. O'Brien asked to have at least one member of the harbor business community represented on the committee. Sieminski stated that he would like to see the committee remain as originally appointed. The Clerk was instructed to make this an agenda item for the next meeting. O'BRIEN stated that it might be appropriate to meet with the City Manager in an executive session to set goals and review his performance. BENCARDINO noted that city manager evaluations were set up to be reviewed quarterly and one was due soon. BENCARDINO stated that he had been told that, if Suneel's contract was not extended, the Alaska Railroad was considering a termination of operations south of Portage. He suggested that the city investigate this possibility and make sure that this did not happen. BENCARDINO stated that millions of dollars in medical contracts with the prison were going to Kenai for services performed by Seward physicians. He asked why this contract had not been pursued by the hospital. He also noted that the hospital had been late in submitting its bid for X -Ray services to the prison and had lost a valuable contract as a result. KRASNANSKY thanked those who had applied for the hospital board. He welcomed Anderson and O'Brien to the Council. CRANE appointed O'Brien to the Parking Committee. 244 City of Seward, Alaska City Council Minutes October 11, 1993 Volume 29, Page 244 CRANE scheduled a budget work session for Friday, October 15th, at Noon. CRANE thanked Swartz and White for their service on the Council and welcomed Anderson and O'Brien to the Council. He also welcomed Darling back. CITIZENS' DISCUSSION JAYNE NOLL,112 Fourth Avenue, stated that the Department of Corrections had sent an X -Ray Services bid packet on August 22nd. She stated that the bid was due in Anchorage on September 14th, and the hospital mailed its bid on September 13th; however, it was not received until the 15th and was, therefore, disqualified. Noll noted that this contract was a relatively small one and was estimated to be worth only about $25,000. BRAD SNOWDEN, 525 Sixth Avenue, stated that he disliked being in this position and preferred to focus on positives rather than negatives. He stated that, years ago, he had been tape recorded when conversing with a city employee and that tape had subsequently been played for another employee who was later terminated from city service. He stated that, as a result of that incident, he had recorded his conversation with the city manager in which Jones had stated that he had called the attorney to see if the hotel project could be stopped. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS O'BRIEN stated that Snowden's allegations were very serious and should be addressed in an executive session. KRASNANSKY stated that he did not understand Mr. Snowden's comments and did not think the city should pursue these allegations on hearsay. He stated that there was no reason to have an executive session. JONES stated that he had asked the attorney about the appropriateness of construction of a hotel in the harbor, but his intention was not to try to stop the project. O'BRIEN stated that his concern was whether or not city employees were secretly recording conversations with members of the public. He asked the administration to provide more information regarding this accusation at the next meeting. BENCARDINO stated that Snowden was referring to a conversation which took place in his office when he was Chief of Police. He stated that they were discussing a former police lieutenant who was using drugs and was subsequently fired. CRANE asked Jones to investigate and report back to the Council. 245 City of Seward, Alaska City Council Minutes October 11, 1993 Volume 29, Page 245 SIEMINSIG asked if the Alaska Railroad had ever asked the city for an opinion regarding development of the property in the Small Boat Harbor on which Snowden would construct his hotel. Jones stated that the Railroad had discussed the manner in which private developers could develop the property and had asked if the city had any concerns they should be aware of. ANDERSON stated that she felt responsible for this whole presentation. She assured Snowden and the Council that she was only trying-to do her homework before taking office and to address some of her concerns regarding the project. She stated that, after reviewing the site and Snowden's plans, she felt that the project looked good. She added, however, that she was still concerned about the Railroad leasing property which should be under city control. ADJOURNMENT The meeting was adjourned at 9:22 p.m. A& C Mu ' h MG E Dave W. Crane 1 Mayor • sla v City Council Minutes Volume 29, Page 245 CALL TO ORDER The October 25, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. OPENING CEREMONY Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Dave W. Crane, presiding, and Margaret Anderson Louis Bencardino James Krasnansky Patrick D. O'Brien Bruce Sieminski W W City of Seward, Alaska City Council Minutes October 25, 1993 Volume 29, P age 246 comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk ABSENT was: Hugh Darling (excused) CITIZENS' COMMENTS A. Agenda items not scheduled for public hearing BEVERLY DUNHAM, 600 Alder Street, stated that the Council should refer back to last year's community survey when addressing budget amendments and the issue of paid parking. She reviewed the results of the survey and stated that it was clear that the public favored paid parking in the Boat Harbor and supported the visitor's industry, the Nash Road Harbor and the Sea Life Center but did not want to subsidize any of them. She noted that the survey respondents represented a wide spectrum of Seward residents with the only common thread being that they were all voters of the city. She reminded the Council that most of the people who came forward to address the Council had a personal interest. She also cautioned the Council to put aside their personal and financial interests in making their decisions. B. Items other than those appearing on the agenda ELAINE NELSON, 209 Ravina, Director of the Chamber of Commerce, noted that she had attended the Kenai Peninsula Caucus over the weekend. She reviewed actions taken by the Caucus at its meeting and asked the Council to consider appointing one of its members to the Caucus to represent the city. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Krasnansky /Bencardino) Approve the agenda and the consent agenda as presented. MOTION (Sieminski/Bencardino) Meet in executive session to review the city manager's performance evaluation. VOTE ON MOTION TO MEET IN EXECUTIVE SESSION Motion Passed Unanimous Anderson asked to move Resolution No. 93 -151 to the regular meeting agenda. 247 City of Seward, Alaska City Council Minutes October 25, 1993 Volume 29, Page 247 Krasnansky asked to delete Agenda Item 13-A since this topic would be covered during discussion of Resolution No. 93 -150 O'Brien asked to move Resolution No. 93-154 to the regular meeting agenda. Crane added Hospital Board Chairman Richard Boyd to Presentations with Prior Notice. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA Motion Passed Unanimous The Clerk read the following approved consent agenda items: The October 11, 1993, minutes were approved as written; Resolution No. 93 -148, authorizing the purchase of a vehicle for the Water /Sewer Department from Alaska Sales and Service, was approved; Resolution No. 93 -152, authorizing the assignment of lease of Small Boat Harbor Lease Site No. 3, within Block 6, Oceanview Subdivision, from Trails North, Inc., to Carl and Kim Hughes, dba Aurora Charters, was approved; Resolution No. 93 -153, extending the meter reading contract, was approved; Land and Water Conservation Fund grant applications update memorandum was noted for information; and The November 8, 1993, regular meeting was canceled. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the most recent assembly meeting. SPECIAL ORDERS AND PUBLIC HEARINGS A proclamation designating November 1993 as Alzheimer's Disease Month was read and presented to Wesley Rehab Center Director Richard Jones by Mayor Crane. PRESENTATIONS WITH PRIOR NOTICE ONLY Richard Boyd, retiring Chairman of the Community Hospital Board Boyd thanked the Council for the opportunity to serve on the Hospital Board. He reviewed some of the issues currently before the Board and explained the reasons behind the City of Seward, Alaska City Council Minutes October 25, 1993 V olume 29, Page 248 Board's decision not to bid for a contract to provide medical services to the prison. He recommended that the Council make full use of the Hospital Board. Boyd noted that the recent community survey indicated an overwhelming interest in the hospital's role as an acute care facility by the public. He reminded the Council that the need for a hospital would increase and greater demand would be placed on all community health care facilities with the continued growth of the community. He stated that he would like to see a facility which encompassed all health care facilities in the city under one roof and one administration. Boyd noted that the decision to contract with Brim was made at a time when the hospital was in real financial trouble and was in danger of closing and, as promised, Brim had turned this process around. He stated that the city's auditors had complimented the hospital on the many improvements made to the accounting systems. He added that the savings realized as a result of Brim's expertise had probably offset the cost of the contract for management services. He added, however, that the feeling of personal ownership of the facility was lost when the management team's office was located so far away. Boyd stated that although hiring Brim was the right thing to do at the time, a decision regarding renewing this contract would have to be weighed carefully when that time arrived. Boyd thanked the Council for the opportunity to serve, thanked Yanez and Gifford for their administrative support and thanked Murphy and Deputy Clerk Jones for their guidance in running the Board's meetings in a proper manner. Anderson stated that she had attended the Board's work session last week and was present for the audit presentation. She stated that she was pleased that the hospital was offering evening clinics and was trying to market its services. She added that it behooved everyone to support the hospital. Mayor Crane presented a certificate of appreciation to Boyd for his service. ORDINANCES FOR INTRODUCTION RESOLUTIONS Resolution No. 93 -147, amending the FY 1994 general fund operating and capital budgets MOTION (Krasnansky /Anderson) Approve Resolution No. 93 -147 Jones reviewed the proposed budget amendments contained in the resolution. He thanked O'Brien for his efforts in identifying increases from one budget year to the next. He stated that he had identified $177,109 in cuts to the FY 1994 general fund budgets which could be realistically removed from the budget without diminishing services. _ 249 City of Seward, Alaska City Council Minutes October 25, 1993 Volume 29, Page 249 Krasnansky noted that 73% of those responding to the survey did not wish to donate funds to the Chamber of Commerce. Sieminski stated that the Chamber used the donation for advertising and promoting the community and added that, if the Chamber did not engage in this type of promotion the city would be required to do it. Anderson concurred. In response to Jones's assertion that the Chamber donation was not a pass through to fund advertising, Crane asked Chamber Director Elaine Nelson to address this issue. Nelson stated that the Board considered this contribution to be for the purpose of advertising, including promotional brochures, radio advertisements, newspaper advertisements, etc. She stated that none of the monies received from the city was intended to be used for operational purposes. MOTION (Krasnansky /Crane) VOTE ON AMENDMENT Motion Failed Delete the $25,000 donation to the Chamber of Commerce. YES: Crane, Krasnansky NO: Anderson, Bencardino, O'Brien, Sieminski VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed Unanimous Resolution No. 93 -149, approving the refinancing of the Spring Creek Correctional Facility by the state of Alaska by amendment of the existing agreement of lease and existing assignment of lease and security agreement and providing for related matters MOTION (Krasnansky/Bencardino) Approve Resolution No. 93 -149 VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed Unanimous Resolution No. 93 -150, reaffirming the initiation of paid parking in the Small Boat Harbor parking lots and continuing the Parking Committee until June 30, 1994 MOTION (Krasnansky /Sieminski) Approve Resolution No. 93 -150 Krasnansky noted that the public felt that paid parking in the Small Boat Harbor should go forward, and he, therefore, supported the resolution. He recommended that 250 City of Seward, Alaska October 25, 1993 City Council Minutes Volume 29, Page 250 the committee address only the technical aspects of implementing paid parking rather than the political issue surrounding the decision to charge for parking. Sieminski concurred. MOTION (Anderson/Sieminski) Amend Section 2 to reflect that the com- mittee would consist of representatives of the Planning Commission, the Port Committee, the Chamber of Commerce, and the City Council and four admin- istrative representatives. In response to a question from O'Brien, Jones stated that, if the committee was to do the technical review first envisioned, these staff members were needed. VOTE ON MOTION TO AMEND Motion Passed Unanimous VOTE ON MOTION TO APPROVE RESOLUTION AS AMENDED Motion Passed YES: Anderson, Bencardino, Crane, Krasnansky, Sieminski NO: O'Brien Resolution No. 93 -151, approving a grant agreement with the Seward Association for the Advancement of Marine Science and appropriating funds. MOTION (Krasnansky /Anderson) Approve Resolution No. 93 -151 Anderson asked for an explanation of the one percent administrative fee. Jones stated that the $125,000 would go into the general fund to cover the city's costs to oversee the grant. He noted that, if the oversight became complicated, SAAMS would reimburse the city for actual expenses. VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed Unanimous RECESS: The meeting recessed at 9:15 p.m. and reconvened at 9:25 p.m. Resolution No. 93 -154, authorizing the purchase of a vehicle for the Fire Department. MOTION (O'Brien/Bencardino) Approve Resolution No. 93 -154 City of Seward, Alaska City Council Minutes October 25, 1993 Volume 29, Page 251 In response to a question from O'Brien, Fire Chief Gage stated that this new vehicle would replace the 1985 Blazer he was currently using. He noted that the engine would be replaced on the Blazer and it would then be transferred to the Parks and Recreation Department. VOTE ON MOTION Motion Passed Unanimous UNFINISHED BUSINESS None NEW BUSINESS Claim for damages totalling $478.80 as filed by Doug McRae, Sr. MOTION (Sieminski/Bencardino) Pay the claim for damages as submitted by Doug McRae, Sr. VOTE ON MOTION TO PAY THE CLAIM Motion Failed All present voted NO. CITY MANAGER REPORTS Informational report regarding tape recording of citizen contacts A written memorandum was included in the Council packets for information. Jones noted that he had attended the emergency Alaska Railroad Board of Directors meeting in Anchorage on October 22nd to present testimony regarding the Railroad's negotiations with Suneel to come to terms on rates charged to transport coal to the Port of Seward. He noted that, although most of the public testimony encouraged the Railroad to find a way not to go to its proposed $9.13 per ton rate, the Board felt that it could no longer subsidize this industry and took a firm position regarding the new rate. Jones stated that the two parties had until the end of October to resolve this matter. Jones noted that Jim Pruitt had reported that Seward Ship's Drydock had received the Tustumena contract for winter maintenance. Jones reported that C142M Hill had completed its report on the failure of the sewage lagoon. He promised to provide copies of the executive report to the Council. Jones noted that four Seward projects had been approved under the State's matching grants program. City of Seward, Alaska City Council Minutes October 25, 1993 Volume 29, Page 252 COUNCIL DISCUSSION O'BRIEN asked if the Council would be getting a new budget document which incorporated the amendments made earlier in the meeting. Gifford noted that the new numbers would be reflected in the quarterly financial reports given to Council. ANDERSON asked if an orientation could be offered to the new Councilmembers. She stated that she would like some time with the department heads to explain what their departments did. She also noted a desire to look at SMIC, city lease sites, boat storage areas, etc. Jones stated that he had discussed this with the Mayor and wished to promote this type of orientation for all councilmembers. ANDERSON noted that she had attended a meeting last Friday and had heard Community Planning Director Kerry Martin give a presentation regarding historical building designations and the historic plan. She stated that this was an area which could use volunteer efforts rather than expending valuable staff time. She also recommended a joint work session with the Planning Commission to set some priorities and long term goals for development of the community. ANDERSON noted that she would like to see an employee suggestion plan which would include compensation to employees for cost - savings suggestions. She also suggested a city employee of the month program. SIEMINSKI asked about travel and overtime for court appearances by city police personnel and suggested that the State reimburse the city for such travel until a superior court judge was placed in Seward. KRASNANSKY noted that Borough Assemblymember Riley had taken a lot of heat for voting "no" on the resolution regarding restructuring the Alaska Municipal League dues. He reminded Council that Riley represented not just Seward but the entire eastern peninsula. KRASNANSKY noted that the Council approved a resolution regarding paid parking in the Small Boat Harbor. He suggested that, since the Council representative to the Parking Committee voted against this resolution, he might not be the best one to appoint to the committee. CRANE noted that he had attended the Borough Mayor's outlook forum in Soldotna which addressed the direction the borough should take over the next few years. He stated that he had suggested that the revenues derived from recently discovered new oil fields in the Inlet be shared around the borough and include support of Seward General Hospital. Crane stated that he would make the informational materials he had received available to the Council. City of Seward, Alaska City Council Minutes Oc 2 1993 Volume 29, Page 253 CRANE stated that he had been hesitant to support the parking committee at first, but had changed his mind. He thanked the committee for its efforts thus far. CITIZENS' DISCUSSION None COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 9:50 p.m. and, after a short recess, the Council reconvened in an executive session to evaluate the city manager's performance. City Clerk (City Seal) - 1 �, L--'/' Q, 0,� o"', - CM AAE Dave W. Crane Mayor H City of Seward, Alaska City Council Minutes N o v e m ber 4, 1 993 V o l ume 30, P age 1 CALL TO ORDER The November 4, 1993, special meeting of the Seward City Council was called to order at 11:30 a.m. by Mayor Dave W. Crane. OPENING CEREMONY Councilmember Darling led the pledge of allegiance to the flag. ROLL CALL There were present: Dave W. Crane, presiding, and Margaret Anderson Hugh Darling Patrick D. O'Brien comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Deputy City Manager Thomas F. Klinkner, City Attorney Linda S. Murphy, City Clerk APPROVAL OF SPECIAL MEETING AGENDA MOTION (Krasnansky/Bencardino) VOTE ON MOTION: Motion Passed. Louis Bencardino James Krasnansky Bruce Sieminski Approve the Special Meeting Agenda. Unanimous CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None SPECIAL ORDERS AND PUBLIC HEARINGS None RESOLUTIONS Resolution No. 93 -155, urging the Exxon Valdez Oil Spill Trustee Council to include funding for the Alaska Sea Life Center in the 1994 Work Plan. MOTION (Krasnansky/Bencardino) Approve Resolution No. 93 -155 2 City of Seward, Alaska November 4, 1993 City Council Minutes Volume 30, Page 2 VOTE ON MOTION: Motion Passed. Unanimous Resolution No. 93 -156, approving a grant agreement and a delegation and transfer agreement for receipt of railbelt intertie grant funds. MOTION (Anderson/Krasnansky) VOTE ON MOTION: Motion Passed. Approve Resolution No. 93 -156 Unanimous Resolution No. 93 -157, authorizing acceptance of a settlement offer and insurance release relative to wind damage at the Lowell Point Sewage Lagoon and appropriating funds. MOTION (Krasnansky/Bencardino) VOTE ON MOTION: Motion Passed. Approve Resolution No. 93 -157 Unanimous Resolution No. 93 -158, repealing the Small Boat Harbor Tariff, the General Terminal Tariff and the Shiplift Tariff and adopting the Port and Harbor Tariff. MOTION (Krasnansky/Darling) Approve Resolution No. 93 -158 Murphy explained that this consolidation of tariffs was a housekeeping measure and would not result in changes in actual tariff rates or regulations. She also noted substitute pages which had been distributed to correct mistakes in the drafts included in the Council packets. VOTE ON MOTION: Motion Passed. Unanimous NEW BUSINESS None CITY MANAGER REPORTS Maintenance of RATNET Jones noted the memorandum included in the Council packets regarding the lack of state funding for the maintenance of the Rural Alaska Television Network. Jones noted that the city would attempt to maintain this equipment Ki City of Seward, Alaska City Council Minutes N o v e m ber 4, 1993 Volume 30, Page 3 with funds budgeted for WGN -TV upkeep and with donations the city hoped to receive from individuals and local businesses. COUNCIL DISCUSSION SIEMINSKI asked if the administration intended to recommend paid parking on city streets in the Small Boat Harbor. Jones replied that street -side parking would not require payment. CRANE noted that the Chamber of Commerce had withdrawn its voting representative from the Parking Committee; however, Chamber Director Elaine Nelson would continue to attend the meetings. CRANE asked the Clerk to schedule a work session to begin at Noon, November 18th, for orientation of Councilmembers. He asked that all department heads be prepared to explain the mission and services of their respective departments. CITIZENS' DISCUSSION None COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 12:10 p.m. ,(City Seal) : . ,,Q - . V o"" Dave W. Crane Mayor N City of Seward, Alaska City Council Minutes November 22, 1993 Volu 30, Page 4 CALL TO ORDER The November 22, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice Mayor James Krasnansky. OPENING CEREMONY Councilmember Anderson led the pledge of allegiance to the flag. ROLL CALL There were present: James Krasnansky, presiding, and Margaret Anderson Hugh Darling Bruce Sieminsld comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk ABSENT was: Mayor Dave W. Crane (excused) CITIZENS' COMMENTS Louis Bencardino Patrick D. O'Brien A. Agenda items not scheduled for public hearing RON LONG, Camelot Subdivision, stated that he was opposed to paid parking in the Small Boat Harbor. He stated that, under this plan, those employed in the harbor area would bear a disproportionate share of the city's budget shortfall. He urged the Council to consider a "permit only" parking area for harbor workers if paid parking was approved. RANDY MCFARLAND, 232 Fifth Avenue, stated that there were a number of harbor merchants who supported paid parking if the plan was realistic and well managed. He noted that paid parking had not yet been defined by the parking committee, and he urged the Council to give the committee the freedom it needed to address any and all ideas regarding parking in the boat harbor. He added that it was time to explore options, not limit them. City of Seward, Alaska City Council Minutes November 22, 1993 Volume 30, Page 5 B. Items other than those appearing on the agenda None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Sieminski/Darling) Approve the Regular Meeting Agenda and the Consent Agenda. Jones asked the Council to move Resolution No. 93 -162 to the regular agenda and to delete Resolution No. 93 -163 Anderson moved the two ordinances for introduction from the consent calendar to the regular agenda. Sieminski added a new item, discussion of a proposed property purchase, to New Business. VOTE ON MOTION TO APPROVE AGENDA AS AMENDED Motion Passed Unanimous The Clerk read the following approved consent agenda items: The October 25, 1993, minutes were approved as written; The November 4, 1993, minutes were approved as written; Resolution No. 93 -160, concurring with the KPB Planning Commission decision to vacate a portion of Van Buren Street, was approved; Resolution No. 93 -161, approving a towing services agreement with Steven Almquist, dba Steve's Towing Services, was approved; Resolution No. 93 -164, approving a contract with Alaska Newspapers, Inc., for display advertising in the Seward Phoenix Log, was approved; Resolution No. 93 -165, certifying that the city did suffer significant effects during the program base year from fisheries business activities and authorizing the city manager to apply for funds from the State Shared Fisheries Business Tax Program, was approved; Resolution No. 93 -166, authorizing the purchase of a sanding truck from White GMC of Alaska, was approved; Resolution No. 93 -167, authorizing the purchase of Digital computer equipment without full utilization of city bid procedures, was approved; 6 City of Seward, Alaska City Council Minutes November 22, 1993 Volume 30, Page 6 Resolution No. 93 -168, approving a purchase order to Seward Building Supply for portable latrine rental and maintenance, was approved; Resolution No. 93 -169, accepting and appropriating additional grant funds from the KPB School District and amending the Parks and Recreation Department budget to provide increased services for the community schools program, was approved; and Finance Department memorandum listing purchase orders totalling between $5,000 and $10,000 was noted for information. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the most recent assembly meeting. SPECIAL ORDERS AND PUBLIC HEARINGS Resolution No. 93 -159, approving an amendment to the lease with James T. Pruitt, dba Seward Ship's Chandlery, increasing the size of the Seward Ship's Drydock lease site at the Seward Marine Industrial Center. Notice of public hearing as published and posted as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. MOTION (Sieminski/Anderson) Approve Resolution No. 93 -159 Jones noted that, on September 13,1993, the Council had approved Resolution No. 93 -123, setting the terms under which the administration was to negotiate a lease expansion with Pruitt. He stated that Section 5 of that resolution required that approval of a lease expansion would be contingent upon a finding by a neutral third party selected by the city that construction of the required building on the original lease site was not feasible without the requested expansion of leased property. He noted that this provision had not been included in either the amendment to the lease or the resolution currently before the Council. MOTION (Anderson/Bencardino) Amend Section 2 of the resolution to read, "This resolution shall take effect on the later of (i) the date 30 days after its passage and posting, and (ii) the date the City Council finds that the Amendment to Lease Agreement is critical to the continu- ation of Seward Ship's Chandlery at the Seward Marine Industrial Center. As conditions to the making of the finding City of Seward, Alaska November 22, 1993 VOTE ON AMENDMENT Motion Passed City Council Minutes Volume 30, Page 7 described above, Seward Ship's Chandlery shall make available to an impartial third party designated by the City information sufficient to enable that third party to determine the economic feasibility of Seward Ship's Chandlery building the 300' building with the firewall required by state fire code on the existing lease. The impartial third party shall also identify Seward Ship's Chandlery's financing capability." Unanimous O'Brien noted a letter from D. E. Wood and asked for a short recess to allow the administration a chance to review the letter and respond to the allegations. RECESS: The meeting was recessed at 7:55 p.m. in order to give the City Manager the opportunity to read the subject letter from D. E. Wood. The meeting reconvened at 8:00 p.m. Jones noted that the letter repeated concerns addressed at a previous meeting. O'Brien stated that he was specifically concerned about the allegation that this lease amendment would be contrary to the vote of the people last year. Jones assured him that this was not the case. O'Brien asked if this lease expansion would limit the city's ability to market the facility. Jones stated that it would certainly limit options for other users but would not prohibit the city's search for an additional operator. VOTE ON MOTION TO APPROVE RESOLUTION AS AMENDED Motion Passed Unanimous PRESENTATIONS WITH PRIOR NOTICE ONLY Port and Commerce Advisory Board applicant Ron Long Long stated that he was honored to be considered for this post, and he felt he had gained insights in his career that would be an asset to the Board. City of Seward, Alaska City Council Minutes November 22, 1993 Volume 30, Page 8 Presentations regarding paid parking: LESLIE SIMUTIS, 1105 Second Avenue, stated that she and the others speaking represented harbor businesses concerned about the Council's desire to institute paid parking in the Small Boat Harbor. She suggested that, when the budget was developed, the Council did not have all of the information available to show it how the proposed visitor taxes would affect the tourist industry and local businesses. She stated that each of those speaking would touch on a different aspect of the parking plan and, at the conclusion, she would present an option to paid parking. DON HOLLAND, 320 Sixth Avenue, listed several ways paid parking would negatively affect Seward. DOT BARDARSON, Nash Road, stated that paid parking was a bad idea for tourists and local people and would have an adverse affect on the "Shop Seward" drive. DEAN KASISCHKE, Camelot, owner of Four Seasons Boat Services, urged the Council to reconsider paid parking in the Small Boat Harbor. He stated that boat owners in Seward already paid the highest moorage rates in the state and should not have to absorb this additional cost. PETE AUTHIER, 612 Third Avenue, stated that he was among the one -half dozen local small business operators dependent on work in the Small Boat Harbor. He stated that he perceived the paid parking plan to be a threat to his business. SAM YOUNG, Primrose, stated that he owned and operated Sam's Custom Sewing, and most of his income was generated by orders from out of town boat owners. He stated that the paid parking plan unfairly targeted those operating businesses catering to boat owners. LINNE BARDARSON, Nash Road, stated that the last five years had seen a tremendous capital investment in the boat harbor, and considerable additional capital investments were slated for the near future. He noted that the financial well being of the city was dependent on the continued growth of the tourist industry, and the Council should consider the numbers of sales tax dollars generated by harbor businesses before seeking to impose additional visitor fees and taxes. ERIC OLSEN, 315 Second Avenue, noted that the three largest tour companies in the Small Boat Harbor had spent over $500,000 in 1993 for advertising which urged people to come to Seward. He encouraged the Council to send a message that would encourage tourists to come to Seward. I City of Seward, Alaska City Council Minutes November 22, 1993 Volume 30, Page 9 TOM TOUGAS, Kenai Fjords Tours, noted that tourism had been growing at the approximate rate of 23 to 24% per year over the past few years. He stated that this translated to additional sales tax revenues to the city which were keeping well ahead of inflation, and he urged the Council to consider this before imposing more visitor taxes. LESLIE SIMUTIS, stated that the state Department of Transportation was concerned that paid parking might not meet its standards for access to a state -owned harbor facility, and the National Park Service had expressed similar concerns. She stated that the Council's budgeted FY 1994 revenues for paid parking, bed tax and head tax were not realistic. She asked the Council to take another look at the increased sales taxes generated by the tourist industry and noted that the city had already received $100,000 over the amount of sales tax budgeted for the first two quarters of the fiscal year. Simutis proposed a partnership to include all concerned entities to address a master plan for visitor services. She stated that the harbor merchants were not averse to taxes, but wanted a chance to participate in the planning process. ORDINANCES FOR INTRODUCTION Ordinance No. 93 -29, providing for a passenger transit fee for marine charter vessels and businesses. MOTION (Sieminski/Anderson) Introduce Ordinance No. 93 -29 In response to a question from Anderson, Jones stated that the administration had participated in dialogue with the newly formed Charter Boat Association and had tried to involve everyone who would be affected by the implementation of this tax. O'Brien stated that he had a philosophical problem with visitor taxes or any other additional taxes until he was convinced that the city's budget was "lean and mean ". He stated that there was still room for cuts in the city's operating budget. Krasnansky noted that this ordinance was being introduced at this time and would be scheduled for public hearing at the next regular meeting. VOTE ON INTRODUCTION OF ORDINANCE Motion Passed YES: Anderson, Darling, Krasnansky, Sieminski NO: Bencardino, O'Brien Ordinance No. 93 -30, providing for a hotel/motel room tax. MOTION (Sieminski/Darling) Introduce Ordinance No. 93 -30 to City of Seward, Alaska City Council Minutes November 22, 1993 V 3 0, Page 10 VOTE ON MOTION TO INTRODUCE ORDINANCE Motion Passed YES: Anderson, Bencardino, Darling, Krasnansky, Sieminski NO: O'Brien RESOLUTIONS Resolution No. 93 -162, approving an amendment to the Spring Creek Correctional Center project budget. Jones distributed a substitute budget amendment for attachment to the resolution. MOTION (Sieminski/Bencardino) Approve Resolution No. 93 -162 In response to a question from Darling, Manager of Engineering and Utilities Calvert stated that the engineers estimate was based on performing the work during good weather; however, Department of Corrections was under a mandate to construct immediately and, therefore, the bids submitted reflected cold weather rates. He noted that this contract and budget amendment would "zero out" the prison construction budget. O'Brien objected to reducing the city's administrative fee to accommodate the state and further objected to a department head making this decision rather than bringing it forward for Council action as a matter of policy. Calvert noted that the Council had the option to vote against the amendment at this time and added that the state had not been provided the new figures (contained in the substitute budget) and would only receive them following Council action. Jones noted that the city had been in a close partnership with the state during the construction of the prison, and he recommended against doing anything to engender hard feelings with the Department of Corrections over $9,000. VOTE ON MOTION TO APPROVE RESOLUTION (with substitute budget amend- ments) Motion Passed. Unanimous UNFINISHED BUSINESS Parking Committee request for direction regarding alternative proposals to paid p arkin . Krasnansky asked for comment from the administration. 11 City of Seward, Alaska City Council Minutes N o v ember 22, 1993 Vo 30, Page 11 Yanez stated that the parking committee met two weeks ago and questioned whether the committee had the authority to address areas other than paid parking for revenue enhancement. In response to a question from Sieminski, Community Planning Director Kerry Martin stated that, in 1984 or 1985, the Council approved the Uplands Management Plan which designated parking areas in the harbor. He stated that these areas were also identified in the harbor plan adopted last year. He added, however, that Council could amend that plan and lease any of its property in the harbor. Sieminski asked if a study had been done to determine how much parking was needed in the harbor. Martin stated that, according to his figures, a total of approximate- ly 1200 parking spaces would be needed if the city used the same criteria used to determine auto commercial zone parking and took into consideration the parking requirements for most boat harbors in other towns. He stated that there were actually only about 500 spaces available in the Small Boat Harbor area. Sieminski stated that he did not object to assessing the harbor businesses the fair market value of the parking lots rather than charging for parking. He stated that revenues were needed to address the harbor's aging infrastructure problems. O'Brien stated that the committee was confused about the mission the Council had set for it. He stated that the committee had originally been asked to look at the technical aspects of paid parking. He asked if the Council wanted the committee to look at lots of different proposals or only the technical implementation of paid parking. He also asked for a definition of paid parking. Anderson noted that 55% of the respondents to the community survey favored paid parking and an additional 11% were undecided. She stated that Council had already voted on user fees by approving the budget. She suggested implementing paid parking in the west lots and a system for assessing harbor businesses for the center lot. She also suggested a parking permit system for the middle lot. Darling stated that the committee should review all avenues for funding and then suggest to the Council a way to generate the $76,500 of budgeted and anticipated revenues. Bencardino stated that the boat harbor was originally designed for people with boats, and this focus had shifted to tourism over the past few years, causing problems for the city. He stated that he would like to see the committee examine all funding avenues rather than focusing on paid parking. Jones stated that he had a sense of the council's concerns to take to the committee. 12 City of Seward, Alaska City Council Minutes November 22, 1993 Volume 30, Page 12 Krasnansky stated that he felt paid parking consisted of any revenue generating idea and the Council had seemed to agree on that concept. He stated that the committee was to take testimony from anyone wishing to address this issue, and any and all ideas should be considered and accepted or rejected solely on their merits. Jones suggested that the committee be instructed to develop a plan that would generate parking management revenues totalling at least $76,500. MOTION (Anderson/Krasnansky) That the structure of the Parking Com- mittee remain the same and that the committee be instructed to explore all revenue generating proposals to obtain the $76,500 budgeted and approved as parking revenues. O'Brien noted that sales tax revenues were anticipated to be more than the amount budgeted, and he asked if Council would consider a proposal that included substituting this additional revenue for the amount budgeted as parking revenues. Anderson replied that any and all proposals could and should come before the Council, and the Council would then make the decision. Darling stated that he would not look favorably on using increased sales tax revenues to make up the deficit and noted that this increase might be a windfall for one quarter only. He stated that he would like to see the funds raised strictly from parking management sources. Sieminski concurred. Bencardino stated that he would support whatever the committee could put together that would generate the needed amount. Krasnansky concurred with Darling and stated that excesses in sales tax revenues should be deposited to the fund balance unreserved account. He stated that he could support revenues generated from the parking lots only. VOTE ON MOTION Motion Passed Unanimous RECESS: The meeting recessed at 9:35 p.m. and reconvened at 9:45 p.m. NEW BUSINESS Appointment to the Port and Commerce Advisory Board Krasnansky appointed Ron Long to serve on the Port and Commerce Advisory Board for a term to expire in July, 1995. The Council concurred. 13 City of Seward, Alaska City Council Minutes November 22, 1993 Volume 30, Page 13 Request that the City Council direct the City Clerk and the City Attorney to prepare a report outlining the procedures necessary to transfer Seward General Hospital to the Kenai Peninsula Borough Sieminski stated that he would like to start the legal procedures necessary to transfer responsibility for community health care to the Kenai Peninsula Borough. He stated that he wanted the borough to assume control of all health care facilities within the KPB. Anderson noted that the Council would be meeting with the hospital board on November 29th. She stated that, although the hospital had received in excess of $400,000 in sales tax revenues and $160,000 from state revenue sharing last year, it still had an operating loss in excess of $200,000. She stated that she was very much concerned about the financial viability of the hospital. Anderson noted that SLAC had just received $1.8 Million for construction of a new facility, and she suggested that the city investigate the possibility of consolidating health care facilities within the community. O'Brien asked if the administration had looked at the possibility of transferring the hospital to some agency other than the city. Jones noted that the city attorney had looked into Seward General Hospital's history and had noted some inconsistencies between the City Charter and the Code. He noted that whatever entity assumed ownership of the hospital would have to be willing to assume the hospital's financial liabilities and risks. O'Brien stated that he would like to see this as a topic of discussion at the joint work session. Purchase of Property Sieminski noted that, in the past, the city had discussed purchasing the vacant lot across from First National Bank for creation of a city park. He noted that the property was for sale and suggested that the city consider making this purchase. O'Brien stated that he could not agree to such a purchase given the city's current financial situation. In response to a question from Sieminski, Jones noted that the monies received from the sale of the grain terminal had been expended in this yea's capital budget. Darling stated that he would be interested in purchasing this lot if funds were available. Bencardino stated that this had been a topic of some discussion in the past; however, money was too tight to spend on the purchase of the property at this time. Anderson stated that the city should consider the projected growth of the community. She noted that undeveloped property was scarce, and she suggested assessing the need for property currently under the control of the city as well as other available properties. Anderson stated that the city shop was on a very valuable piece of 14 City of Seward, Alaska City Council Minutes November 22, 1993 Volume 30, Page 14 city property and would be more appropriate in another location. She suggested that the Council explore this entire issue. _ Jones noted that he and Community Development Director Martin had been discussing a plan for city owned property including those parcels that might be appropriate for sale. He stated that the administration was currently conducting an inventory all of city holdings and would report back to the Council once the project was completed. Krasnansky noted that the lot in question was probably more valuable for private commercial uses than for public purposes. CITY MANAGER REPORTS 1993 Campground operations report Yanez distributed a memorandum prepared by Parks and Recreation Director Karin Sturdy. Position reclassification report Yanez distributed a memorandum regarding position reclassifications. City Shop relocation Yanez distributed a memorandum regarding the proposed relocation of the City Shop. Sales Tax Receipts Jones noted the sales tax report in the Council packet. Jones stated that he would have the legislative package before the Council for approval on December 13th. He encouraged Council and others to contact him with ideas. Yanez distributed a memorandum from Calvert noting a need for a special meeting to authorize an amendment to the Dryden & Larue contract for surveying of the Phase II route of the transmission line project. Yanez distributed a memorandum regarding the creation of a Seward partnership to define a vision for Seward. Jones noted that he would like to invite Larry Dickerson, Community Development Specialist with the Department of Community and Regional Affairs, to Seward on December 14th for a work session with the Council. Jones noted a letter from Chugach Electric indicating that the city would soon receive a customer rebate check in the amount of $103,000. Jones noted that Alaska Cargo Transport was interested in resuming service into Seward. 15 City of Seward, Alaska City Council Minutes November 22, 1993 Volume 30, Page 15 Jones noted that the Alaska Railroad had committed to spending about $50,000 to dredge Resurrection River to protect its bridges and other ARR facilities. Jones noted that he had been urged to arrange a joint work session between Council and the Planning Commission. COUNCIL DISCUSSION ANDERSON asked if Dickerson's visit to Seward would be paid by the city. Jones replied that the city would reimburse him for mileage in his automobile. ANDERSON thanked the city for sending her to the Alaska Municipal League conference in Kenai. She stated that she would try to apply some of the things she learned. She also noted her appreciation for the time and effort city department heads put into the Council orientation and stated that she was interested in taking some tours of city facilities. ANDERSON noted that the council had received a memorandum from the Planning Commission on October 14th requesting a joint work session. She encouraged the Council to agree to such a meeting. ANDERSON noted that employee reclassifications should be studied before getting into the new budget. She suggested a work session to address this subject area. SIEMINSKI asked for a SAAMS update. Jones noted that the project manager and many of the board were in Anchorage to prepare for a presentation to the Exxon Valdez Oil Spill Trustees Council. O'BRIEN stated that he was not sure of the necessity of the partnership development suggested by Jones and added that he did not wish to commit to a lot more meetings. He stated that he would attend the first work session on December 14th. O'BRIEN asked about procedures for engaging the city attorney for advice or research and stated that he objected to any one councilmember obligating the city for legal fees, etc. Murphy explained that, currently, any Councilmember could call the attorney at any time and ask for advice. She stated that the city attorney did not charge for advice he could give in a few minutes over the telephone; however, any research or the time to write an opinion was charged at the regular hourly rate. He asked to have this issue placed on the next agenda and stated that he would meet with the Clerk to draft some suggested Council guidelines. O'BRIEN asked if the city had a contractual agreement with the state for administrative fees. Jones stated that the norm was to have a contractual agreement for projects such as the prison construction. 16 City of Seward, Alaska City Council Minutes November 22, 1993 Volume 30, Page 16 O'BRIEN asked if the capital budget funds could be spent without separate Council approval. Jones noted that any expenditure in excess of $10,000 would have to come before the Council for individual specific approval. BENCARDINO stated that he did not remember the Council approving the use of the Qntire $400,000 from the sale of the grain terminal for capital expenditures. Jones noted that the city received around $200,000 from the sale, and all of this was slated for capital acquisitions. Gifford stated that, during the budget process, the administration discussed placing these funds in the capital acquisition fund, and this was approved when the budget was adopted. BENCARDINO asked about the status of the park at Forest Acres. Jones promised a report at the next regular meeting. KRASNANSKY noted that he was the one who asked the attorney to perform some research; however, he did not realize at the time that the city would be charged for answering his questions. Krasnansky noted that Council had only three employees and should have the right to ask questions of its appointed officials. KRASNANSKY noted that he had also attended the municipal league conference and had found a session regarding the Americans with Disabilities Act very informative. KRASNANSKY recognized Deputy City Clerk Patricia Jones who had recently received her Certified Municipal Clerk designation. He stated that this was indicative of the high standard to which the Clerk's Office held itself. KRASNANSKY stated that he would ask Mayor Crane to schedule the Planning Commission work session at the next meeting. KRASNANSKY scheduled a work session beginning at 5:30 p.m. on December 14th to work on Seward Partnership Development with the representative from Community and Regional Affairs. CITIZENS' DISCUSSION JIM PRUITT, Maple Street, reported on the recent public forum on port operations and issues sponsored by the Seward Port and Commerce Advisory Board. He also noted that, since one -half of the proposed paid parking revenues were earmarked for the Harbor Fund, this loss would adversely affect the harbor. Pruitt also suggested that the Council use the Port Board during the development of the Harbor Enterprise Fund budget. He also requested direction from the Council regarding the board's mission. 17 City of Seward, Alaska November 22, 1993 City Council Minutes Volume 30, Page 17 COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ANDERSON stated that the board should be used in the same manner as the parking committee; i.e., to hear complaints and recommendations from the public and to forward the board's recommendations regarding port operations to the Council. Anderson stated that she was particularly concerned about public safety issues in the Small Boat Harbor and stated that it was imperative that the Council address this issue. ADJOURNMENT The meeting was adjourned at 11:00 p.m. da S T rphy, CMC /AA James Krasnansk l City Clerk Vi�Mayor (City Seal) City of Seward, Alaska City Council Minutes November 24, 1993 V 30, Page 17 CALL TO ORDER The November 24,1993, special meeting of the Seward City Council was called to order at 12:06 p.m. by Vice Mayor James Krasnansky. OPENING CEREMONY Councilmember Darling led the pledge of allegiance to the flag. ROLL CALL There were present: James Krasnansky, presiding, and Margaret Anderson Bruce Sieminski comprising a quorum of the Council; and Hugh Darling Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk 13 City of Seward, Alaska City Council Minutes November 24, 1993 Volume 30, Page 18 ABSENT were: Mayor Dave W. Crane (excused) Councilmember Louis Bencardino (excused) Councilmember Patrick O'Brien (excused) APPROVAL OF SPECIAL MEETING AGENDA MOTION (Anderson/Sieminski) Approve the Special Meeting Agenda. VOTE ON MOTION: Motion Passed Without Objection CITIZENS' COMMENTS Agenda Items not scheduled for public hearings None Items other than those appearing on the agenda None SPECIAL ORDERS AND PUBLIC HEARINGS RESOLUTIONS Resolution No. 93 -170, approving a change order to the Dryden & LaRue engineering contract for a survey of Phase II of the transmission line project. MOTION (Darling/Krasnansky) Approve Resolution No. 93 -170 Anderson objected to conducting a special meeting to consider this change order. She noted that Council had approved a change order for this particular contract on October 11th, and she questioned why the original contract did not contain provisions for a survey of the transmission line. Yanez stated that he appreciated Council's objection to the short notice for this meeting. He stated that the administration had hoped to have this change order before the Council at its November 22nd meeting; however, the first subcontract price Dryden and LaRue had presented for the survey work totalled $80,000, and the administration had asked the contractor to seek lower bids for the work. He noted that the change order before the Council was considerably lower than the first estimate and stated that this was indicative of the close scrutiny the administration gave each change order before bringing it to the Council. Yanez stated that the administration had determined that it would be imprudent to hold this change order until the December meeting since the surveying would be more difficult, and thus more expensive, if not impossible, after a 19 City of Seward, Alaska City Council Minutes November 24, 1993 Volume 30, Page 19 heavy snow. He stated that he would relay Anderson's concerns to Engineering and Utilities Manager Calvert. VOTE ON MOTION TO APPROVE RESOLUTION Motion Failed YES: Anderson, Darling, Krasnansky NO: Sieminski In response to a question from Anderson, Murphy noted that all actions of Council required at least four affirmative votes for approval. She added that this resolution could be reconsidered only if Councilmember Sieminski moved for reconsideration prior to adjournment or if he gave notice of reconsideration to the Clerk prior to 5:00 p.m. on the first business day after the meeting. NEW BUSINESS CITY MANAGER REPORTS None COUNCIL DISCUSSION SIEMINSKI asked if the new building under construction in the Small Boat Harbor would require on -site parking. Yanez stated that he would respond to this question at the next regular meeting. CITIZENS' DISCUSSION None COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 12:17 p.m. n - ( ilily LiTi'da S. Murphy, CM /AAE James ICrasn ky I City Clerk - Vice Mayo l I s4 (City Seal) off City of Seward, Alaska November 29, 1993 CALL TO ORDER City Council Minutes Volume 30, Page 20 The November 29, 1993, special meeting of the Seward City Council was called to order at 6:30 p.m. by Mayor Dave W. Crane. OPENING CEREMONY Councilmember Darling led the pledge of allegiance to the flag. ROLL CALL There were present: Dave W. Crane, presiding, and Margaret Anderson James Krasnansky comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk ABSENT were: Hugh Darling Bruce Sieminski Councilmember Louis Bencardino (excused) Councilmember Patrick O'Brien (excused) APPROVAL OF SPECIAL MEETING AGENDA MOTION (Krasnansky/Darling) Approve the Special Meeting Agenda. VOTE ON MOTION: Motion Passed Unanimously CITIZENS' COMMENTS Agenda items not scheduled for public hearing None Items other than those appearing on the agenda None SPECIAL ORDERS AND PUBLIC HEARINGS 21 City of Seward, Alaska City Council Minutes N ove m be r 29, 1993 Volume 30, Paee 21 RESOLUTIONS Resolution No. 93 -170, approving a change order to the Dryden & LaRue engineering contract for a survey of Phase II of the transmission line project. Crane noted that a motion to approve this resolution had failed at the November 24, 1993, special meeting and that, later that same afternoon, Councilmember Sieminski, who voted on the prevailing side, had given notice of reconsideration to the Clerk. MOTION (Sieminski/Darling) VOTE ON MOTION TO RECONSIDER Motion Passed Reconsider the vote on Resolution No. 93 -170 Unanimous Crane noted that the motion to approve Resolution No. 93 -170 was now before the Council, and he opened the floor to debate. - In response to a question from Sieminski, Public Works Superintendent Ainsworth reported that the $53,550 change order included a $1300 contingency to cover the cost of returning to the field in the event of a heavy snow storm before completion of the survey work. Anderson stated that she was frustrated with the way change orders were brought before the Council and asked if this was the norm. Jones replied that there was no norm for projects of this size and scope. He added that he regretted bringing this forth at a special meeting rather than as part of a regular meeting agenda. Murphy stated that, when this contract was originally approved, the Council had made a finding that it would be more cost effective to phase the work, negotiating a contract price prior to the initiation of each phase, rather than asking a contractor to bid a multi -year contract which would probably include a significant amount of mark -up to cover any manner of contingencies or problems which could not be foreseen prior to the beginning of the project. VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed NEW BUSINESS CITY MANAGER REPORTS None Unanimous COUNCIL DISCUSSION None 22 City of Seward, Alaska November 29, 1993 City Council Minutes Volume 30, Page 22 CITIZENS' DISCUSSION None COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 6:47 p.m. inda S. ly uirphy, C94CIAl City Clerk . t r , A (City,. Seal) Y City of Seward, Alaska December 13, 1993 &"Q- La. ( ) / WAY , Dave W. Crane Mayor City Council Minutes Vol ume 30, Page 22 CALL TO ORDER The December 13, 1993, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Dave W. Crane. OPENING CEREMONY Krasnansky led the pledge of allegiance to the flag. ROLL CALL There were present: Dave W. Crane, presiding, and Margaret Anderson Hugh Darling James Krasnansky Bruce Sieminski comprising a quorum of the Council; and Tyler Jones, City Manager Michael Yanez, Deputy City Manager Thomas F. Klinkner, City Attorney Linda S. Murphy, City Clerk 23 City of Seward, Alaska December 13, 1993 ABSENT were: Louis Bencardino (excused) Patrick D. O'Brien (excused) CITIZENS' COMMENTS Agenda items not scheduled for public hearing City Council Minutes Volume 30, Page 23 AL LAMBERSON, Mile 7, Seward Highway, spoke in favor of retaining the hospital replacement project as one of the city's top legislative priorities. Items other than those appearing on the agenda None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Krasnansky /Sieminski) Approve the Agenda and Consent Agen- da as presented. Anderson asked to move Ordinance No. 94 -01 and Resolution No. 93 -172 and No. 93 -181 to the regular meeting agenda. Sieminski asked to move Resolution No. 93 -179 and both New Business items to the regular meeting agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed Unanimous The Clerk read the following approved consent agenda items: The November 22, 1993, regular meeting minutes were approved as written; The November 24, 1993, special meeting minutes were approved as written; The November 29, 1993, special meeting minutes were approved as written; Resolution No. 93 -173, accepting grant funds from the state of Alaska, Capital Matching Grant Projects Program, was approved; Resolution No. 93 -175, approving an increase to the contract with Marathon Fuel to provide petroleum products, was approved; 24 City of Seward, Alaska City Council Minutes December 13, 1993 Volume 30, Page 24 Resolution No. 93 -176, approving a vendor permit requested by the Seward Polar Bear Jumpoff Festival, Inc., for the Seward Polar Bear Festival, was approved; Resolution No. 93 -177, approving a contract with F & W Construction to construct the Spring Creek Correctional center exercise yard addition, was approved; Resolution No. 93 -178, approving a fireworks permit requested by the Chamber of Commerce, was approved; Resolution No. 93 -180, authorizing the administration to bid on hosting the 1995 Alaska Recreation and Parks Association State Conference in Seward, was approved; and Resolution No. 93 -182, authorizing the Harbor to proceed with the preliminary design of the Small Boat Harbor Northeast Launch Ramp, approving the proposed preliminary budget and appropriating funds, was approved. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Patrick Reilly gave a verbal report of the most recent assembly meeting and noted the borough's 1994 legislative priorities. SPECIAL ORDERS AND PUBLIC HEARINGS Ordinance No. 93 -29, providing for a passenger transit fee for marine charter vessels and businesses. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. RICHARD OLDOW, 231 Third Avenue, stated that he had been involved in the tour boat business in Seward since its beginning. He stated that the city already received tax benefits from day tour passengers, and he was afraid that, after implementation, these new taxes would escalate to higher levels and ultimately negatively affect the tourist industry. Oldow asked if the new tax would also affect cruise ships or only the local small tour operators. TOM TOUGAS, Kenai Fjords Tours, stated that, since the last Council meeting, a number of the Small Boat Harbor business owners had met with the city manager regarding a plan which would replace the proposed paid parking and head tax plans. He noted that this process would take time, and he requested that the Council give the harbor merchants a chance to develop its recommendations before acting on the head tax ordinance. JACK SELFORS, 437 Third Avenue, stated that he was involved in the charter boat business in Seward and was concerned that the proposed new taxes would 25 City of Seward, Alaska City Council Minutes December 13, 1993 Volume 30, Page 25 adversely impact the visitor industry. He stated that he had previously owned a charter business in Washington which had failed because of similar actions by that community s City Council. BRAD SNOWDEN, 535 Sixth Avenue, stated that he was opposed to this tax and claimed that it was not justifiable. He stated that this tax would make Seward less competitive with other towns. Snowden noted that the city already derived 70 -80% of its tax revenues from the visitor industry. He suggested that the city administration attempt to control costs before asking for additional taxes. No one else appeared in order to be heard, and the public hearing was closed. MOTION (Krasnansky /Anderson) Enact Ordinance No. 93 -29 In response to a question from Darling, Jones noted that the reference to nautical miles was intended to exclude cruise ships from the tax. Anderson asked Jones for a report on the status of the alternative funding plan which was being put together by the harbor merchants. Jones stated that he had spent some time with Tougas and others trying to determine the number of dollars the city needed to receive from head tax, bed tax and paid parking. He noted that he would continue to meet with these industry representatives whatever the outcome of this ordinance, adding that the ordinance was being brought forward at this time in response to the direction given by the council during the budget process. MOTION (Sieminski/Darling) Postpone action on the ordinance until January 10, 1994. Krasnansky stated that he would support postponement to give the two absent members a chance to vote on this ordinance. VOTE ON MOTION TO POSTPONE ORDINANCE Motion Passed YES: Crane, Darling, Krasnansky, Sieminski NO: Anderson Ordinance No. 93 -30, providing for a hotel/motel room tax. Notice of public hearing as posted and publi,hed as required by law was noted, and the public hearing was opened. CHRIS SWANSON, 550 Railway Avenue, manager of Seward Waterfront Lodging, stated that he was opposed to the bed tax and any other tax increase. He stated that the voters had sent a loud and clear message regarding increased taxes when they W City of Seward, Alaska City Council Minutes December 13, 1993 Volume 30, Page 26 overturned the sales tax increase in October. He added that the proposed new bed tax was already negatively impacting his business and had resulted in cancellation of reservations. Swanson urged the Council to attempt to work within the city's means rather than raise taxes. DON SUTHERLAND, 225 Sixth Avenue, stated that it was time to encourage tourism and to increase the local tax base by encouraging existing businesses to expand and by encouraging new businesses to develop. He noted that tourism was one of the largest industries in Seward and was still growing. He stated that a large share of the year -round tourist market came from Anchorage where there was no sale tax, and this new tax would drive these visitors away. MIKE WILEY, 550 Railway, stated his opposition to both ordinances before the Council. He stated that it was the role of government to encourage economic development and suggested that the Council would destroy the tourist industry with these new taxes. ARLENE WILEY, 550 Railway, stated that she was very concerned about the proposed bed tax and felt that this proposed tax would negatively affect the tourist industry. BRAD SNOWDEN, 525 Sixth Avenue, asked the Council to postpone action on this ordinance until the next meeting to allow more community input. No one else appeared in order to be heard, and the public hearing was closed. MOTION (Krasnansky /Sieminski) MOTION (Sieminski/Darling) Enact Ordinance No. 93 -30 To refer the ordinance to the administra- tion with instructions to amend the ordinance by stipulating that the funds from the bed tax would be passed through to the visitor's association to use for city beautification and tourism promotion and to instruct the adminis- tration to bring the amended ordinance back to the Council on January 10, 1994. VOTE ON MOTION TO REFER THE ORDINANCE TO THE ADMINISTRATION FOR AMENDMENT Motion Failed YES: Darling, Krasnansky, Sieminski NO: Anderson, Crane 27 City of Seward, Alaska December 13, 1993 MOTION (Crane/Krasnansky) VOTE ON MOTION TO POSTPONE City Council Minutes Volume 30, Page 27 Postpone action on the ordinance until January 10, 1994. Motion Failed YES: Darling, Krasnansky NO: Anderson, Crane, Sieminski MOTION (Crane/Krasnansky) Reconsider and enter on the minutes. Murphy noted that this motion could not be, applied to a motion to postpone. VOTE ON MOTION TO ENACT THE ORDINANCE Motion Passed Unanimous MOTION (Crane/Krasnansky) Reconsider and enter on the minutes. Murphy explained that this motion to reconsider could not be taken up until the next meeting (January 10, 1994), and the making of the motion barred implementation of the ordinance until the motion to reconsider could be called up and voted on in January. Resolution No. 93 -171 approving the acquisition of Lots 3 -7, Block 10, Federal Addition, from the Alaska Housing Finance Corporation. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. MOTION (Krasnansky/Darling) Approve Resolution No. 93 -171 Motion Passed Unanimous RECESS: The meeting was recessed at 8:30 p.m. and reconvened at 8:40 p.m. PRESENTATIONS WITH PRIOR NOTICE ONLY Port and Commerce Advisory Board Report Port and Commerce Advisory Board Chairman Jim Pruitt stated that the Port Board had asked to be placed on the Council agenda quarterly to make regular reports to the Council. He reported that the Board had formed three committees: one to review the use of existing docks and need for new dock space, another to review Small Boat Harbor issues, and a third to review Seward Marine Industrial Center issues. Pruitt stated that the Board wished to know what City of Seward, Alaska City Council Minutes December 13, 1993 V 30, Pa 28 direction the Council wished it to take and requested that the Board be involved in the harbor budget process from the beginning. Anderson stated that she had been attending some of the Port Board meetings and had suggested at one of these meetings that the Board be involved in the harbor budget process. She stated that one of her main concerns was the number of public safety problems in the boat harbor. She also stated that it was up to the Board to bring issues and concerns, along with recommendations, to the Council. Sieminski suggested a joint work session with the Board after the first of the year. Crane scheduled a work session to address the Council's use of various boards and commissions and to review Council rules and procedures to be held on January 13, 1994, beginning at 7:00 p.m. ORDINANCES FOR INTRODUCTION Ordinance No. 94 -01, amending City Code § 3.30.055, suspensions without pay. MOTION (Sieminski/Krasnansky) Introduce Ordinance No. 94-01 and set for public hearing on January 10, 1994. In response to a question from Anderson, Jones stated that the purpose of the ordinance was to insure that the city manager had a chance to review any significant disciplinary action before such action was taken against an employee. He added that, in his absence, an acting City Manager would be designated. VOTE ON MOTION TO INTRODUCE AND SET FOR PUBLIC HEARING Motion Passed RESOLUTIONS Unanimous Resolution No. 93 -172, urging the Alaska State Legislature to place a constitutional amendment related to the Alaska Permanent Fund on the ballot for the next general election. MOTION (Krasnansky /Sieminski) Approve Resolution No. 93 -172 Crane stated that he had asked to place this resolution on the agenda after receiving a copy of a similar resolution approved by the Soldotna City Council. Anderson noted that she could not vote on this resolution until she had more information. She noted that the resolution did not address state government spending and the effect of a low earnings year coinciding with a high state spending year. I09 City of Seward, Alaska City Council Minutes De cembe r 13, 1993 Volume 30. Paoe 29 MOTION (Anderson/Sieminski) Motion Passed Postpone action on the resolution until January 10, 1994. Unanimous Resolution No. 93 -174, adopting the capital improvement projects priority list for the 1994 legislative session. MOTION (Krasnansky /Sieminski) Approve Resolution No. 93 -174 Anderson stated that she opposed spending $88,000 of city funds on the Nash Road project, especially since the community survey indicated that 70% favored the NRSBH project, but only if there was no taxpayer participation. Jones stated that this project would provide facilities and utilities design for this area and would be helpful for community expansion, including the proposed annexation of Meridian Valley, and was not solely a Nash Road Small Boat Harbor project. Anderson stated that possibility of annexation in that area was not a high probability and she objected to designating funds for those living outside the city limits. Krasnansky noted that the City Council also served as the board of directors for the electrical utility which served customers out to Mile 25. He added that, whether or not the harbor project proceeded, the city would continue to have utility customers in this area. Jones added that the council had already acted on a proposal to annex Meridian Valley. Darling questioned some of the priorities and stated that he would like to replace Priority No. 4 with the purchase of new generators at a cost of $1,175,000, and replace Priority No. 9 with new water system at a cost of $250,000. In response to a question from Anderson, Jones stated that this list had been prepared with the aid of department heads and the city's lobbyist. Jones strongly urged action on a package at this time even if it required amendments at a later date. He noted that the Council would have an opportunity to discuss these priorities with one of the city's legislators later in the week, and it was important to have an approved document to present to Senator Little at that time. Anderson stated that the Council should have had more input into the priority listing process prior to this time. Crane stated that he had no problem with the list and added that, as long as the city remained consistent with the top three priorities, problems could be avoided in Juneau. He noted that the city had the option of moving the other priorities to fall in L21 A" WYA City of Seward, Alaska City Council Minutes December 13, 1993 Volume 30, Page 30 line with the direction the legislature decided to take during the session and he suggested not prioritizing the items listed below Number 3. In response to a question from Anderson, Jones explained that the process demanded that the city identify areas for funding and the amount of local match. He stated that negotiating the state's level of participation was not a problem; however, adding a project that was not included on the priority list would present a problem. MOTION (Krasnansky /Crane) Amend the resolution by deleting prior- ity numbers for items below No. 3 on the priority list. Motion Passed Unanimous VOTE ON RESOLUTION AS AMENDED Motion Passed Unanimous Resolution No. 93 -179, approving a license agreement between the city and Seward Fisheries, Inc., for use of the city dock. MOTION (Krasnansky /Anderson) Approve Resolution No. 93 -179 In response to a question from Sieminski, John Baird, SFI Manager, stated that Seward Fisheries owned and maintained the cranes on the dock and regularly agreed to load and unload gear for its customers and others during regular business hours. Sieminski suggested that a notice of crane availability be posted so that boat owners knew this service could be provided by SFI. VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed Resolution No. 93 -181, recommending establishment of a seven - member Parks and Recreation Advisory Board. MOTION (Krasnansky/Darling) Unanimous Approve Resolution No. 93 -181 In response to a question from Anderson, Jones stated that he would be inclined to open membership on this board to all residents of the service area including those residing outside the city limits. Jones stated that this particular board would be useful in setting the department's budget and to meet certain statutory requirements for some grant funds. VOTE ON MOTION TO APPROVE RESOLUTION 31 City of ,Seward, Alaska D ecember 13, 1993 City Council Minutes V071imp 3() Paaa 21 Motion Failed UNFINISHED BUSINESS None NEW BUSINESS YES: Anderson, Crane, Krasnansky NO: Darling, Sieminski Application for renewal of liquor license as filed by Seward Trading CompanX Liquor Store MOTION (Anderson/Sieminski) Motion Passed Approve a letter of nonobjection to the renewal of the liquor license. Unanimous Cancellation of December 27 1993 regular_ me_ e MOTION (Krasnansky /Sieminski) Motion Passed CITY MANAGER REPORTS Cancel the December'27, 1993, regular meeting as recommended by the admin- istration. Unanimous Status report on Forest Acres Park Jones noted that this project had been completed. lackup oil rig storage at SMIC Yanez distributed a written report. Jones distributed a revised schedule for Seward Partnership Development and reminded the Council of the work session on December 14th beginning at 5:30 p.m. Jones noted that the city's auditors had been in City Hall for the past two months and would complete the field work this week. He stated that the draft financial report would be available in mid January and the final report would be printed and presented to Council by the auditors in February. Jones stated that he planned to have the audit completed and to the Council in October next year. Jones noted that he had received a call from Whittier City Manager Williams regarding a proposed meeting with the Seward City Council to discuss areas of mutual interest and concern. He stated that, barring an objection from the Council, he planned to schedule a luncheon meeting on Wednesday, February 2, 1994. 32 City of Seward, Alaska December 13, 1993 COUNCIL DISCUSSION City Council Minutes Volume 30, Page 32 ANDERSON noted that she had asked the Clerk to research the formation of a hospital service area and had been assured that she would not use city attorney time for this project. ANDERSON also asked that the Council commit to a joint work session with the Planning Commission in accordance with the Commissions October request. ANDERSON stated that she would like to study the city wage scale and suggested a work session with the administration prior to the budget work session to review reclassifications, salaries and the evaluation process. ANDERSON noted that a volunteer group had offered to work on fencing the cemetery. She stated that the city should encourage volunteers in this type of endeavor. ANDERSON stated that she would like the Council to set some specific rules and regulations governing the way the members worked together as a body to avoid future problems. ANDERSON stated that she was concerned about the city's financial reporting and requested a current financial report. ANDERSON also noted the new restaurant which was being constructed in the Small Boat Harbor. She requested a report explaining why Snowden was required to provide parking for his project adjacent to a restaurant which required no parking. SIEMINSKI noted that he had asked about parking at the restaurant a couple of meetings ago and had not yet received a response. Jones responded that the restaurant application was submitted and approved without parking because it was consistent with the process followed by the administration and the Planning Commission at that time. Following approval of the restaurant's conditional use permit, the Planning Commission had asked Community Development Director Kerry Martin to research if it was possible to require future developments to provide parking, and Martins research had found that this was within the Commission's authority; however, it was then too late to apply this provision to the restaurant's CUP. KRASNANSKY noted that, at the last meeting, the city manager had stated that the attorney had found inconsistencies between the Code and Charter regarding the hospital. Klinkner noted that the inconsistency was between the Charter and current practices. He noted that the Charter required contracts to be approved by the Council and signed by the city manager; however, hospital contracts were routinely approved by the Hospital Board and signed by the hospital administrator. He noted that, if the Council wished to proceed with this arrangement, it would be necessary to either amend the Charter or set up the hospital as a separate corporation, thus removing applicability of the Charter to the hospital's operations. In response to a question from Anderson, Klinkner stated that the hospital could still be supported with tax dollars even if it were organized as a public corporation. 03 City of Seward, Alaska City Council Minutes D ecembe r 13, 1993 Volume 30, Page 33 KRASNANSKY noted that, at the last meeting, Jones had reported that the city had received a $150,000 rebate from Chugach Electric Association. He asked when the city's utility customers could expect to see their share of the rebate. Jones noted that the allocation of these funds had not been determined and would probably be submitted in the context of next years budget. KRASNANSKY stated that he understood that, as a Councilmember, he had access to city letterhead for letters regarding city business. He stated that he would continue to use city letterhead for this purpose unless instructed by the Council not to do so. CRANE noted the memorandum he had distributed regarding use of the attorney. He suggested that the Council deal with this issue at the January work session. CRANE stated that he was concerned about collection policies at the hospital and requested that the Hospital Board provide an explanation. Anderson stated that the Board had set a new collection policy to address the hospital's cash flow problems. CRANE congratulated Deputy Clerk Patricia Jones for receipt of her CMC (Certified Municipal Clerk designation). CRANE thanked Anderson for her hard work as the Council's liaison to the Hospital Board and stated that she was doing an excellent job. CITIZENS' DISCUSSION AL LAMBERSON, Mile 7, Seward Highway, Community Hospital Boardmember, stated that the hospital's first collection letter was rather abrupt, and he promised to request that another letter be sent explaining the reasons for calling in hospital accounts. JIM PRUITT, Maple Street, suggested a questionnaire regarding the formation of a Parks and Recreation Board. He also commented on the hospital's collection efforts. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS JONES noted that Snowden's proposed new hotel plans included 45 parking spaces, and the restaurant adjacent to it would have 10 -12 parking spaces on site. ADJOURNMENT meeting was adjourned at 11:00 p.m. Dave W. Crane Mayor C�'ferlt.l rl �� a