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Home My WebLink About1996 City Council MinutesCity of Seward, Alaska City Council Minutes January 8, 1996 Volume 32, Page 25 CALL TO ORDER The, January 8, 1996, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Thomas F. Klinkner, City Attorney Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk ABSENT was: Dave W. Crane - excused CITIZENS' COMMENTS ROSEMARY SARDAROV, 1302 Chamberlain, representing Fishing Company of Alaska, advised the Council of the need for additional dock space in Seward to accommodate fishing and other large vessels. She noted that FCA docked in excess of 10 vessels per year in Seward for maintenance and repair, ;md she asked the Council to provide water and utility service during the winter at both the North Dock and the Inlet Salmon Dock. TERESA BUTTS, No. 3 Starr Lane, representing Quality Marine of Alaska, also addressed inadequate dock space and services for vessel repairs and maintenance. She stated that the North Dock did not have an adequate power supply or water service during the winter. She further stated that there was inadequate space to park boats on the harbor side of the bay. City of Seward, Alaska City Council Minutes January 8, 1996 Volume 32, Page 26 STU CLARK, 1129 Park Place, addressed the strategic parking plan. He suggested changing the two hour free parking to three hours. He noted his concern about charging businesses a one -time assessment for parking not provided. He stated that it would be difficult to determine the amount of the assessment due to fluctuating property values. He supported campground management by the parking management contractor. He suggested that the Council use the Planning and Zoning Commission to complete a parking needs inventory. CLARK was concerned that the youth center equipment and furniture might not meet the needs of the majority of Seward's youth. He objected to purchasing regulation size pool tables and installing a computer center since the library computers were available for public use. LINNE BARDARSON, Nash Road, reviewed the history of the city parking assessment program. He read a letter that was distributed to the Council just prior to the meeting objecting to the proposed strategic parking plan. He stated that a parking problem did not exist. MARK CLEMENS, Meridian Park, representing the Fish House, noted a news article favorably comparing Seward to Homer as a visitor destination. He stated that Seward had always welcomed visitors with open arms, and the city was in danger of losing its friendly reputation by charging user fees in addition to sales tax and moorage. He stated that through his business he had received numerous objections to paid parking and parking assessments from the out -of -town boaters. He further added that the proposed one -time parking assessment did not support small businesses. JULIANA AMON, 303 Second Avenue, supported funding for the youth center furniture and equipment. SHARYL SEESE, 529 First Avenue, complimented the Council on the remodeled Chambers and new sound system. She asked the Council to consider funding part, if not all, of the requested youth center equipment and to ensure that the remaining funds were used for the youth. SHAUN GRAHAM, Bear Mountain Apartments, Teen Council President, supported funding for the youth center. She promised to respect and maintain the furniture and equipment. Items other than those appearing on the agenda None. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson/Sieminski) Approve the Agenda and Consent Agenda. Anderson moved Ordinance No. 96 -03 No. 96 -05 and No. 96 -06 to the regular meeting agenda. Deeter moved Resolution No. 96 -002 to the regular meeting agenda. City of Seward, Alaska City Council Minutes January 8, 1996 Volume 32 Page 27 Sieminski moved Ordinance No. 96 -02 to the regular meeting agenda, added aplanation of the bid process by the City Attu to Unfinished Business to be discussed prior to reconsideration of Resolution No. 95 -154 and added under New Business, Utiliti VOTE ON APPROVAL OF AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous. The Clerk read the following approved consent agenda items: The December 11, 1995, regular meeting minutes were approved as written; Ordinance No. 96 -04 amending SCC Title 3, Personnel, by modifying the definition of part- time and full -time employees, was introduced and public hearing was set for January 22, 1996; Resolution No. 96 -001 authorizing signatures for bank accounts to be maintained at First National Bank of Anchorage and authorizing the City Manager to enter into an agreement with FNBA to maintain an account for the purpose of processing City utility payments at FNBA, was approved; Resolution No. 96 -003 renaming Park Place, located within the Park Place Subdivision, as Cliff View Place, was approved; and City Electric, Inc., change orders approved administratively within the contract contingency established by the City Council were noted for information. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Mike Wiley was not present. Murphy noted that he had been delayed on the east: coast by the weather. SPECIAL ORDERS AND PUBLIC HEARINGS Ordinance No. 96 -01 (formerly No. 95 -19) amending SCC §15.01.030, official maps, to conform to the City Charter Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard, and the public hearing was closed. MOTION (Sieminski/King) Enact Ordinance No. 96 -01 Murphy explained that this was a housekeeping measure to bring the City Code into conformance with Charter provisions regarding custodianship of official city records. She stated FTM City of Seward, Alaska City Council Minutes January 8 1996 Volume 32, Page 28 that the official city maps would be maintained by and located in the Community Development Department and the clerk would remain official custodian. Klinkner recommended an amendment to clarify the language. MOTION (King /Deeter) Motion Passed. Amend Official Mans A. Management second sentence, to read as follows: "Each map is adopted by reference and declared to be part of this title in the exact form as it existed in April 1988, with all subse- quent amendments adopted by the city council." Unanimous VOTE ON MAIN MOTION AS AMENDED Motion Passed. Unanimous PRESENTATIONS WITH PRIOR NOTICE ONLY SeaLi_fe Center U At Darryl Schaefermeyer, Project Administrator, SAAMS, reported on the progress of the SeaLife Center project. He stated that Phase I construction had been completed on schedule and under budget, and the construction management contract with Heery International was concluded on December 31, 1995. He stated that Phase H, building construction, would be ready to bid by February 15 with the bid opening to be held in March and the contract to be awarded in April, if all went as well as expected in obtaining the bridge financing package. He stated that AIDEA was currently conducting a peer review of the habitat visitation component of the project. He noted that the fund raising goal had been set at $4 million to be pledged locally, statewide and nationwide. He was optimistic that this funding goal would be met in the near future. John Walls - Emp=l for installation of a scrap fish hydrolyzing systew-at*e-kd&- Seafood facilitX by _nInc. JOHN WALLS, President, Enviro-Ag, Inc., presented a proposal to install a scrap fish hydrolyzing system at the Icicle Seafood facility which would take the place of the fish meal plant. He stated that the process was completed through a closed system to produce a fish fertilizer with minimal odor that would be used primarily for agriculture and reforestation projects. He proposed to place a semi - permanent, 150 foot long barge along the bank, install mooring dolphins and discharge the finished product into the barge for transport. He stated that the benefits to the City included the elimination of exposed rotting fish (as previously experienced), no discharge of fish waste into the bay, and the production of a totally organic product. In answer to a question from the Council, Walls stated that, if the finished product were discharged into the bay, it would City of Seward, Alaska City Council Minutes January 8, 1996 Volume 32 Page 29 become fish food and would not be :harmful to the environment. He noted that he was working with Harbormaster Singleton and Icicle Seafoods to finalize a proposal to be brought before the Council in the future. ORDINANCES FOR INTRODUCTION Ordinance No. 96 -02 amending SCC Chapter 15.10, relating to parking MOTION (Anderson/Keil) Introduce Ordinance No. 96 -02 and set for public hearing on January 22, 1996. Garzini explained that this was a housekeeping ordinance that would clarify and improve existing parking requirements set forth in the parking code. Anderson stated that the public should be informed that this ordinance was not related to the parking assessments issue. VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Deeter, Kell, King NO: Sieminski Ordinance No. 96 -03 abolishing the Community Hospital Board MOTION (Anderson/Keil) Introduce Ordinance No. 96 -03 and set public hearing for January 22, 1996. Anderson stated that, she had been named sponsor of the ordinance, and she wanted to inform the public that it was the Council's intant to abolish the Community Hospital Board and transfer the operation of the hospital to another entity. VOTE ON MOTION Motion Passed. Unanimous Ordinance No. 96 -05 amending SCC Chapter 5.10, peddlers and solicitors, and Chapter 15.10, Seward Zoning Code, relating to transient merchants MOTION (Keil/Deeter) Introduce Ordinance No. 96 -05 and set public hearing for January 22, 1996. Anderson requested additional information including the identification of vendor sites, a fee schedule and the procedure to be f011owed by the city clerk when issuing vendor permits. She objected to vending on sidewalks and in the parks. Garzini replied that the administration would 9.0 City of Seward, Alaska City Council Minutes J anuary 8 1996 Volume 32, Page 30 handle transient merchants in accordance with the wishes of the Council, but it was important to be consistent. He stated that issuance of a permit by the city clerk in accordance with Council policy and procedures was an efficient way to resolve the current problem in which vendors were required to obtain a conditional use permit from the Planning Commission to operate on private or public property and to obtain Council approval by resolution to operate on public property. Sieminski objected to allowing transient merchants to operate on public property. Anderson stated that this issue needed further review and suggested postponement and a work session. MOTION (Anderson/Keil) Motion Passed. Postpone until January 22, 1996. Unanimous The Council scheduled a work session to discuss transient merchants beginning at 6:30 p.m. on Monday, January 22, 1996. RECESS: The meeting recessed at 9:02 p.m. and reconvened at 9:12 p.m. Ordinance No. 96 -06 repealing the parking assessments MOTION (Anderson/King) Introduce Ordinance No. 96 -06 and set public hearing for January 22, 1996. Sieminski objected to repealing the parking assessments until the paid parking issue was resolved. Garzini explained that introduction of the ordinance would not affect any other parking issues but was a way to inform the public of the City's intent. He stated the proposed strategic parking plan would take the place of the current parking assessment program. MOTION (Anderson / Sieminski) Postpone until January 22, 1996. Garzini stated that he favored introduction at this meeting so the Council could conclusively deal with the parking issue on January 22. Motion Failed. YES: Anderson, Sieminski NO: Bencardino, Deeter, Keil, King VOTE ON INTRODUCTION OF ORDINANCE Motion Passed. YES: Bencardino, Sieminski NO: Anderson Deeter, Keil, King, City of Seward, Alaska City Council Minutes January 8, 1996 Volume 32 Page 31 RESOLUTIONS Resolution No. 96 -002 authorizing the City Manager to issue a purchase order to Marathon Fuel Service for the purchase of petroleum products MOTION (Sieminski/Keil) Approve Resolution No. 96 -002 Deeter stated that the petroleum products vendor was required to maintain a local supply of fuel which prevented any out of town fuel supplier from bidding on the contract. He asked if the City could obtain better prices from any other suppliers. Garzini replied that the prices included in the proposal were fair for the region. VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Keil, King, Sieminski NO: Deeter Resolution No. 96 -004 approving Change Order No. 1 to the contract between the City and Ronald F. Krohn in the amount of $25,000 and extending the completion date MOTION (Sieminski/Anderson) Approve Resolution No. 96 -004 Garzini explained that the construction of Phase H of the transmission line had exceeded the contract completion date and Mr. Krohn's services as inspector were needed to complete the project and evaluate construction claims filed by the contractor. He added that the City was preparing to defend against construction claims. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 96 -005 authorizing the City Manager to sign the Northern Intertie Construction Management Agreement on behalf of the City MOTION (Sieminski/Deeter) Approve Resolution No. 96 -005 Motion Passed. Unanimous City of Seward, Alaska City Council Minutes January 8 1996 Volume 32, Page 32 Resolution No. 96 -006 approving the Strategic Parking Management Plan Garzini stated that the parking issue should be resolved during the month of January. He noted that the parking problem needed to be addressed now prior to the opening of the SeaLife Center. MOTION (Anderson /Keil) Approve Resolution No. 96 -006 Anderson stated that she preferred to address the parking assessment program and the parking plan as separate issues. She outlined many concerns including: 1. The selection process to be used to hire a professional parking management contractor. 2. Use of the lot north and adjacent to the Harbor Lights condos for paid parking. 3. The need to determine parking space deficiencies throughout the city. 4. A plan to provide credit for off -site parking space provided by businesses. 5. The total time allowed for free parking. 6. Development of a city -wide business assessment program based on the number of parking spaces required by the city code for each business, rather than new businesses only. 7. Development of a parking assessment that would not deter or prevent new business growth. 8. Combining the management of parking and the campgrounds. Anderson preferred postponing the resolution until the above concerns were addressed. Bencardino suggested forming a committee comprised of two harbor business owners, two downtown business owners and one city official to review and address Anderson's concerns. Garzini stated that a comprehensive traffic and parking study had been included in the Environmental Impact Statement completed as a requirement of the SeaLife Center Project funding. He noted that the harbor had been identified as the area which would be most impacted by the SeaLife Center, and he suggested review of this study. King stated that the parking plan had a greater impact on harbor businesses than downtown businesses. He noted that it was not fair to charge harbor businesses and not charge downtown businesses for parking. He suggested employing strategies used in other coastal communities such as the utilization of school parking lots in conjunction with a shuttle service during the summer months. He stated that the two hour free parking limit discouraged local buying. He favored keeping management of the campground under the City Parks and Recreation Department due to its success at producing increased revenue each year. He further stated that the Small Boat Harbor Management Plan between the City and the State DOT /PF included a clause prohibiting the City from receiving a profit from parking areas adjacent to the new boat launch ramp. Sieminski favored regulated parking and suggested holding another work session to discuss and review the parking plan. Keil stated that she had received numerous objections from constituents about the proposed parking plan. Deeter stated that he also had received many calls objecting to the parking plan and could not support it as presented. r3 City of Seward, Alaska City Council Minutes January 8, 1996 Volume 32 Page 33 Garzini stated that the City was faced with a difficult situation that would continue to worsen over time. He noted that support for the plan seemed to be weakening rather than growing and he urged to Council not to move ahead with a plan opposed by the public. He stated that, if the plan were voted down, the administration planned to continue with the current parking assessments and document parking problems in the coming season for future planning and review. MOTION (King /Kell) Motion Failed. MOTION (Sieminski /Anderson ) Move the Previous Question YES: Bencardino, Keil, King NO: Anderson, Deeter, Sieminski Postpone until January 22, 1996 and schedule a work session. Anderson recited her previous motion made on December 11 favoring a limited parking plan separate from parking assessments. She favored addressing the plan now, identifying the parking shortfall and distributing the assessment throughout the community. King agreed. Bencardino stated that new and expanding businesses could not afford to pay a large sum of money for each parking space not provided as outlined in the proposed parking assessment plan. He added, however, that delayed implementation of a parking plan would become more costly to the City each year. VOTE ON MOTION TO POSTPONE Motion Failed. VOTE ON MAIN MOTION Motion Failed. UNFINISHED BUSINESS YES: Anderson, Sieminski NO: Bencardino, Deeter, Keil, King YES: Anderson NO: Bencardino, Deeter, Keil, King, Sieminski Lgal discussion on city bid . Sieminski objected to the process used by the Parks and Recreation Department to obtain bids on the youth center furniture and equipment. He asked the attorney for an opinion on proper bid procedure. Garzini stated that originally, informal quotes had been obtained by the Parks and Recreation Department. He noted that the department had distributed and published a second notice seeking quotes on the list of items to be purchased from vendors in the community and, since the individual items were les than $10,000 each, a formal bid process was not required. qd. City of Seward, Alaska City Council Minutes January 8 1996 Volume 32, Page 34 Klinkner concurred and stated that, according to City Code Chapter 6.05, the city manager was authorized to seek quotes on individual items less than $10,000 without using the formal bid process. Items for reconsideration: Resolution No. 95 -154 appropriating funds for youth center equipment and furniture Murphy explained that Councilmember Sieminski had filed notice of reconsideration on Tuesday, December 12, 1995, in accordance with the Council's rules of procedure, and a formal motion was in order. MOTION (Sieminski /Anderson) Reconsider Resolution No. 95 -154 Sieminski objected to the purchase of two new regulation size pool tables and a computer system for on -line access to the Internet when SLED was available locally free of charge. He noted that the library offered computer services to the entire community, and he objected to providing a computer system for Internet access to one small segment of the community. VOTE ON MOTION Motion Failed. YES: Sieminski NO: Anderson, Bencardino, Deeter, Keil, King NEW BUSINESS Utilities Sieminski stated that hotels and restaurants were charged water and sewer rates by the number of rooms or tables at the business. He requested a review of the rates to determine whether or not these businesses could pay a lower rate during the winter when business was slow. King asked for an explanation of rates charged to small businesses versus residential homes. He stated that the rate should be lower for larger consumption. Garzini stated that he would research the issues and provide answers to the Council. He noted that the work session originally planned for January 15 to discuss utility issues had been postponed until February due to the absence of Engineering & Utilities Manager Calvert. CITY MANAGER REPORTS GARZINI stated that he had received a letter from Tim Cavanaugh, Providence Health System in Alaska, inviting the Council to visit the Providence facilities in Anchorage. He noted that Cavanaugh would meet with Councilmember Anderson and Interim Hospital Administrator City of Seward, Alaska City Council Minutes January 8, 1996 Volume 32 Page 35 Yanez on Wednesday to discuss the health care system. He suggested that the Council plan its visit to Providence on Saturday, January 27. GARZINI reported that the Planning and Zoning Commission had denied the request for a conditional use permit for operation of a vehicle impound lot in the Auto Commercial Zone as filed by Mike Arledge, dba Mike's Towing. He stated that the City had issued an extension to the contract with Steve's Towing and planned to issue a new request for proposals. He reported that the City had decided not to pursue the Nash Road Harbor Project but would focus on eastward expansion of the harbor. COUNCIL DISCUSSION (Deferred until after Citizens' Discussion) CITIZENS' DISCUSSION MARK CLEMENS, Meridian Park, thanked the Council for its decision to defeat the parking management plan. He staled that use of the school parking lots was a good idea. He suggested that, because the SeaLife Center would heavily impact the community, the SAAMS Board should be asked to set aside a percentage of local donations to help offset the cost of providing increased parking areas to accommodate future parking needs. STU CLARK, 1129 Park Place, stated that the Council needed to accept the fact that private business owners were required to provide parking or off -site parking with shuttle service in accordance with the Seward Zoning Code. He noted that the SeaLife Center EIS had forecasted increased traffic and parking problems in Seward. BRAD SNOWDEN, 525 Sixth Avenue, stated that the parking management plan had become a necessity as a result of a request by a local business to expand without providing the required parking. He stated that he had received a conditional use permit to build a hotel in the harbor area and had been required to build out over the water at an increased cost in order to provide sufficient parking. He asked the Council to treat each business on an equal basis or advise him how his CUP could be amended so that he would not have to provide parking at the new hotel site. He stated that he was disappointed that the Council had defeated the parking plan without addressing the parking problems. He further stated that the parking problems needed to be resolved in a timely manner. CAROL CHAUDIERE, 11.9 Cliff View Place, stated that the parking problem was only one small token of the impact the SeaLife Center would have on the community. She encouraged the Council to listen to the merchants and their ideas and to encourage private businesses to resolve the parking problems. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS City of Seward, Alaska City Council Minutes January 8 1996 Volume 32, Page 36 GARZINI stated that he would provide copies of the parking and traffic sections of the SeaLife Center EIS to the Council and the public. He noted that SAAMS did provide its own parking. ANDERSON, stated that she appreciated Snowden's comments. She, too, was disappointed with the decision not to work on the parking plan. KING stated that the plan needed work but the Council should move in a different direction. He suggested reviewing the cost of purchasing property in the downtown area from the General Fund to provide for parking. In answer to a question from ANDERSON, Klinkner gave a status report on the Jones, Irick and Atkinson litigation. COUNCIL DISCUSSION (Taken out of order) KINGgave a status report of Planning Commission action on January 3. He stated that the City should provide water at the North Dock and the Inlet Salmon Dock during the winter. He voiced his concern regarding increased vandalism in Seward and asked about the possibility of enforcing a curfew for Seward's youth. ANDERSONrequested that more action items remain on the regular agenda rather than the consent agenda. She requested the repayment of the $50,000 given to SAAMS for promotional brochures. She agreed that vandalism was on the rise and needed to be controlled. She offered condolences to the Bond family. BENCARDINOstated that he would be available to meet with the public at the Chamber of Commerce office from 10:00 a.m. to 11:00 a.m. on Tuesday, January 9. He also stated that the City should provide utility service at the Seward Marine Industrial Center. ADJOURNMENT The meeting was adjourned at 11:02 p.m. --4 j A� 5t�� I S. ur hy, 'MC �.L)uis A. encardino City Clelk , ✓- Mayor I (City Seal)._ ' a i q ty `4 y A " City of Seward, Alaska City Council Minutes January 22, 1996 Volume 32 Page 37 CALL TO ORDER The January 22, 1996, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino., presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk CITIZENS' COMMENTS MARK LUTTRELL, Camelot Subdivision, representing Eastern Kenai Peninsula Environmental Protection Association, spoke in opposition to Resolution No. 96 -007 He stated that the group supported logging performed in the proper way, but these legislative bills did not support the production of value -added products. He encouraged everyone to read the bills prior to making a decision. RICK SMERIGLIO, Mile 24.5, Seward Highway, expressed his opposition to Resolution No. 96 -007 and asked the Council to move it to the regular meeting agenda for discussion. He stated that House Bill 344 and Senate Bill 180 affected lands statewide. LOUIE MARCH, Mile 5.5 Seward Highway, updated the City Council on electrical issues in the Valdez and Fairbanks areas. TOM STAUDENMAIER, Eagle River, spoke regarding a letter he had received from Helen March alleging threats against both the March family and him. NO] City of Seward, Alaska City Council Minutes January 22 1996 Volume 32, Page 38 PAUL SLENKAMP, 706 Third Avenue, spoke in support of Resolution No. 96 -007 BRAD SNOWDEN, 525 Sixth Avenue, stated that a local citizens group was working on a tourist /convention facility planned for completion by 1998. He supported expansion of the airport beyond the tidal flats to accommodate larger aircraft. He stated that material dredged from the harbor could be placed as fill at the end of the airport to make this possible. He also supported harbor expansion to accommodate cruise ships. JAY BISHOP, Mile 3.5 Seward Highway, owner of Seward Laundry, objected to the high electrical rates charged by the City. He stated that the average cost including all extra charges on his commercial account totaled 14 cents, rather than 11 cents, per kilowatt. ROSEMARY SARDAROV, representing Fishing Company of Alaska, 1302 Chamberlain Road, thanked Councilmember King and Mayor Bencardino for their comments on improved dock space and better services in Seward. She cited revenues brought into the community by FCA through moorage fees, groceries and supplies, transportation and fuel. She repeated her request for assistance in providing improved year -round services and dock space. Items other than those anpearin$ on the age None. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane /Sieminski) Approve the Agenda and Consent Agenda. Keil moved Resolution No. 96 -007 to the regular meeting agenda. Anderson moved Resolution No. 96 -008 and No. 96 -009 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 January 8, 1996, regular meeting minutes were approved as written; Ordinance No. 96 -07 making certain housekeeping changes to Title 2, Administration, was introduced and public hearing was set for February 12, 1996; City Manager's report on the utility rate stricture was noted for information; Harbormaster Singleton's report regarding the availability of utilities on city docks was noted for information; and City of Seward, Alaska City Council Minutes January 22, 1996 Volume 32 Page 39 A memorandum from Finance Director Gifford regarding a proposed new utility billing format was noted for information. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Mike Wiley was not present. A written report was distributed to the Council and made available to the public prior to the meeting. SPECIAL ORDERS AND PUBLIC HEARINGS Mayor Bencardino read a proclamation in honor and memory of Bette Cato, former State House Representative, and proclaimed Monday, January 22, 1996, as Bette Cato Day. Ordinance No. 96 -02 amending SCC Chapter 15.10, Seward Zoning Code, related to Parking 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 (Crane /Anderson) Enact Ordinance No. 96 -02 Murphy noted that the attorney had suggested an amendment (distributed to Council and made available to the public) in order to clarify the language in Section 15.10.215.11, Location. Anderson noted that the proposed parking regulations would apply equally to both public and private parking. MOTION (Crane /Deeter) Amend Section 1., 15.10.215 Parking E. Location to read as follows: "Subject to 1. and 2. of this subsection, all required parking shall be located on the lot occu- pied by the principal use served, or on a lot abutting the lot occupied by the princi- pal use." 1. Subject to approval as a condi- tional use, required parking may be pro- vided on a lot that is not occupied by the principal use served and not abutting the lot occupied by the principal use, provided that either (1) there is a pedestrian route not longer than 600 feet from the required parking to the lot occupied by the princ- ipal use served, or (ii) access is provided between the required parking and the An x Alt City of Seward, Alaska City Council Minutes January 22 1996 Volume 32. Page 40 principal use by a scheduled vehicular shuttle service. 2. Required parking may be lo- cated on a lot not occupied by the princi- pal use served only if (A parking is a permitted or conditional use in the zoning district for the lot, and (ii) the lot is made subject to a recorded agreement among its owner, the owner of the lot occupied by the principal use and the city, that the required parking will be maintained for the benefit of the principal use served for the life of that use. Motion Passed. Unanimous MOTION (King /Keil) Amend 15.10.215.D.a., by reducing the minimum parking space width to eight feet. Garzini stated that the width requirement should be reviewed prior to approving the amendment. He supported the idea of reducing the width in order to create more parking spaces if no problems were created by the change. He suggested review by the administration and the planning commission prior to reducing the parking space size. MOTION (King /Keil) Amend by changing minimum parking space width on private lots to eight feet and leaving space width at 10 feet on public lots. Deeter supported the concept but favored further review by the administration and the planning commission. Crane agreed. VOTE ON SECONDARY AMENDMENT Motion Passed. YES: Anderson, Bencardino, Keil, King NO: Crane, Deeter, Sieminski VOTE ON AMENDMENT Motion Passed. YES: Anderson, Bencardino, Keil, King NO: Crane, Deeter, Sieminski City of Seward, Alaska City Council Minutes January 22, 1996 Volume 32 Page 41 MOTION ( King /Anderson) Amend 15.10.215.D.b. by changing mini- mum parking space length for parallel parking from 23 feet to 20 feet. Martin explained that the current code specified the size of a parking space as 10 feet by 20 feet, and the proposed size was determined following review of various parking requirements in other communities. Crane objected to the amendment pending further review. King replied that the amendment would keep the size of the space at the current required 20 -foot length. VOTE ON MOTION Motion Passed. MOTION (Sieminski/Deeter) YES: Anderson, Bencardino, Deeter, Keil, King NO: Crane, Sieminski Refer to the Administration for review and further consideration by the Council at its February 12, 1996, meeting. Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Keil, Sieminski NO: King Ordinance No. 96 -03 abolishing the hospital 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. MOTION (Sieminski/Keil) Motion Passed. Enact Ordinance No. 96 -03 Unanimous Ordinance No. 96 -04 amending SCC Title 3, Personnel, by modifying the definition of part-time and full-time 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. MOTION (Anderson/Sieminski) Enact Ordinance No. 96 -04 Garzini explained that it was his understanding that the Council's intent had always been to pay overtime only to those employees who worked more than eight hours per day or 40 hours A0 City of Seward, Alaska City Council Minutes January 22 1996 Volume 32, Page 42 per week. This amendment would clarify that intent and would reflect actual practice by the administration and would have no affect on those employees who regularly worked a 40 -hour week. However, it would assure that no employee, including part-time employees, would receive overtime unless he or she worked over 8 hours per day or 40 hours per week. Bencardino objected since an employee could be required to work on a weekend for straight time. VOTE ON MOTION Motion Passed. Unanimous Ordinance No. 96-06 repealing SCC Section 15.10.245 to 15.10.260, Parking Assessments Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BRAD SNOWMEN, 525 Sixth Avenue, supported extension of the assessment for one additional year pending further review of the parking requirements. He stated that many small businesses helped support the local economy. He further stated that those businesses that did not provide adequate parking should pay for the value of the property needed to supplement their parking needs on public property. BLAINE BARDARSON, supported the assessment for all businesses citywide rather than in only one area of the city. DOT BARDARSON, Mile. 8 Nash Road, thanked the Council for not implementing paid parking. She supported either repeal of the parking assessment or a citywide assessment program. She spoke in support of a three -hour parking limit in the central boat harbor lot. JAY BISHOP, Mile 3.5 Seward Highway, stated that the city wanted to retain its "small town flavor" with small lots in the original townsite. He stated that changes to city lots had been made in the past with no regard to enforcing the parking requirements, and this made it difficult for present -day owners of these smaller parcels to provide adequate parking. He stated that the opening of the SeaLife Center would cause a significant increase in traffic and even more stress on already insufficient parking spaces throughout the city. No one else appeared in order to be heard, and the public hearing was closed. MOTION (Sieminski/Deeter) Enact Ordinance No. 96 -06 Anderson asked for an explanation of the Manager's reference to the burden of administering the parking assessment program. Garzim explained that there had been considerable debate with certain businesses about the parking space requirements, and attempting to resolve the issues and objections raised by these businesses had required considerable staff time. Garzini City of Seward, Alaska City Council Minutes January 22, 1996 Volume 32 Page 43 stated that a community -wide assessment program could be accomplished, but he did not recommend it at this time. Garzini also recommended that future assessments be placed in a parking revenue fund to be used for enforcement, striping and operation of lots in the harbor for the next year. MOTION (Sieminski/Deeter) Postpone indefinitely. Motion Failed. YES: Deeter, Sieminski NO: Anderson, Bencardino, Crane, Keil, King Crane stated that the plan had not been balanced on a community -wide basis from the beginning. He supported repeal of this ordinance and enactment of a balanced parking plan. Garzini clarified that repeal of the assessment program would put the current parking code provisions in force and would require that all businesses provide parking as set forth in the Code. He stated that the City would subsidise parking enforcement from the general fund and all future development would be required to provide adequate parking. Anderson supported a community -wide parking assessment program based on parking space requirements for each business set forth in the parking code. King concurred with Anderson L.. and Crane. He stated that there were no parking requirements in the harbor when the assessment program was initiated in 1994. Murphy noted that the Harbor Commercial District had been exempt from providing parking, but the Council had deleted that exemption when they enacted the parking assessment. 1 / 1 �_I I, ,/ Motion Passed. YES: Anderson, Bencardino, Crane, Ken, King NO: Deeter, Sieminski PRESENTATIONS WITH PRIOR NOTICE ONLY Dennis Lodge, RCAC Renruentative for Seward. and Mark Hutton, Oil Spill Risk Assessment Project Manager LODGE updated the Council on the latest improvements in oil spill prevention including better weather reporting and replacement of older vessels. He stated that the oil companies had proposed spending $2 million for a scientific oil spill risk assessment study. He reported that Seward was well represented on the Regional Citizens Advisory Council by Dr. A. J. Paul, Oil Spill Science Committee Member, John Dahlman, Oil Spill Response Committee Member and Dennis Lodge, Port Operations Committee Member. He noted that the three representatives continued to work with the oil companies and RCAC to ensure continued oversight and planning of oil spill prevention. A? A City of Seward, Alaska City Council Minutes January 22 1996 Volume 32, Page 44 MARK HUTTON, Mile .9 Snug Harbor Road, Cooper Landing, explained the concept of the oil spill risk assessment project. He stated that the study would assess situations in Prince William Sound that were likely to produce an accident and attempt to mitigate the danger of future spills. He further stated that management, operation, maintenance and regulations relating to the actual fleet of vessels in Prince William Sound would be studied. He reported that the project was sponsored by RCAC, ADEC, the Coast Guard and a group of five shipping companies; he added that all parties must agree before proceeding with the the planned program. Hutton asked for community input and stated that he would keep Seward updated through Dennis Lodge. RECESS: The meeting recessed at 10:00 p.m. and reconvened at 10:10 p.m. NOTE: Mayor Bencardino asked that Resolutions No. 96 -010, No. 96 -011, and No. 96- 012 be taken out of order and considered at this time due to the late hour and the urgent need to act on these issues at the meeting. There was no objection from Council. Bencardino added that presentations by Louie March and Tom Staudenmaier would follow action on these three resolutions. RESOLUTIONS [Taken out of order] Resolution No. 96 -010 extending a line of credit for cash flow needs at Seward General Hospital and Resurrection Bay Health Center MOTION (Crane /Anderson) Approve Resolution No. 96 -010 Sieminski objected to extending a line of credit to the hospital. He stated that the hospital should request funds as needed on a monthly basis. Yanez stated that it was more efficient to make one request for the $175,000 line of credit rather than seek funds from the City as needed. Garzini stated that this was being considered as a loan. He noted that Yanez had been and would continue to make expenditure reductions at the hospital. He stated that the loan would solve the hospital's cash crisis during the transition to a new operator. In answer to a question from Anderson, Yanez stated that there was a strong collection effort underway on outstanding accounts receivable. MOTION (Anderson / Sieminski) Amend the line of credit to $85,000 until April 1, 1996. Yanez stated that his mission had been to cut $300,000 in projected losses for this fiscal year, and efforts were being made to reach that goal. He noted that the hospital staff continued to formulate new ideas to further reduce expenses in a manner that would not affect the hospital's future relationship with Providence. He stated that the hospital continued with low census staffing, plans to privatize certain services and further line item reductions. He stated that he was City of Seward, Alaska City Council Minutes January 22, 1996 Volume 32 Page 45 attempting to negotiate long -term contracts with physicians through Providence who would be interested in practicing in Seward, and the up -front expenses to bring a physician to Seward, i.e., salaries, moving expense and insurance, were high. VOTE ON AMENDMENT Motion Passed. VOTE ON MAIN MOTION AS AMENDED Motion Passed. YES: Anderson, Bencardino, Crane, King NO: Deeter, Keil, Sieminski YES: Anderson, Bencardino, Crane, Deeter, Keil, King NO: Sieminski Resolution No. 96 -011 authorizing the execution of an equipment lease /pur- chase agreement by and between the City and Associates Commercial Corporation and providing for related matters MOTION (Keil /Deeter) Motion Passed. Approve Resolution No. 96 -011 Unanimous Resolution No. 96 -012 approving a memorandum of agreement between the City and the Department of the Army to allow removal of siltation from storm damage in the Small Boat Harbor MOTION (Keil /Crane) Motion Passed. Approve Resolution No. 96 -012 Unanimous PRESENTATIONS WITH PRIOR NOTICE [Return to regular order of business] Tom Stauden-maier - Electrical Issues Staudenmaier questioned the Mayor's authority to change the order of business. Be discussed the electrical utilities in Fairbanks and Seward. He requested public hearings to discuss a possible merger with Chugach Electric or AEG &T and the public's right to vote on such a merger. Louie March - Electrical X . Louie March read a letter from Chugach Electric Association to the City of Seward regarding the electric utility and utility rates. AA City of Seward, Alaska City Council Minutes Janua 22 1996 Vahww 32, Page 46 RESOLUTIONS (Continued) Resolution No. 96 -007 supporting legislation that encourages long -term, negotiated timber supply contracts for the production of value -added products MOTION (Crane /Sieminski) Approve Resolution No. 96 -007 Garzini stated that the Port and Commerce Advisory Board Timber Committee had recommended the resolution before the Council. He stated that, contrary to comments made earlier that the resolution supported BB-344 and SB -180, this resolution actually supported a long- term negotiated timber supply and contracts for value -added products. He emphasized that the resolution did not support the pending bills. He stated that passage of this resolution would lend support for reopening the sawmill. As requested by the Council, RON LONG, Chapman, PACAB, stated that the language change did not address forest health on the Kenai Peninsula but only addressed that portion of each bill that would make a positive change for Seward. He stated that this would not, in itself, open the mill, but it could provide an opportunity for someone to open a portion of the sawmill. He stated that the resolution also asked for recognition of value -added products that were excluded from the bill such as plywood and fiberboard. MOTION (Keil/Deeter) Postpone until February 12, 1996. Keil stated that she would like an opportunity to review the text of the two bills prior to voting on the resolution. VOTE ON MOTION Motion Failed. YES: Deeter, Keil, King NO: Anderson, Bencardino, Crane, Sieminski VOTE ON MAIN MOTION Motion Passed. YES: Anderson, Bencardino, Crane, King, Sieminski NO: Deeter, Keil Resolution No. 96 -008 approving a contract for professional services with Alaska Health Care Management Associates for Phase H, hospital transfer of health care facilities Garzini stated that the current plan contemplated conclusion of Providence's review process by the end of the month. He added that, following a visit by the City Council and staff 4 " City of Seward, Alaska City Council Minutes January 22, 1996 Volume 32 Page 47 to the Providence facility, negotiations would take place between the City and Providence to put together a transfer plan with the assistance of Mr. Zitzow. MOTION (Deeter /King) Motion Passed. Approve Resolution No. 96 -008 Unanimous Resolution No. 96 -009 approving an amendment to the contract with Rural Health Financial Services for provision of fiscal review and recommendations regarding finances of Seward General Hospital MOTION (Keil/Anderson) Approve Resolution No. 96 -009 Motion Passed. Unanimous UNFINISHED BUSINESS Ordinance No. 96 -05 amending SCC Chapter 8.10 and Chapter 15.10, Seward Zoning Code relating to transient merchants _ Murphy noted that the ordinance had been postponed from the January 22, 1996, meeting �.. and there was a motion on the floor for introduction. She explained that the administration had split the ordinance into two ordinances, Substitute Ordinance No. 96 -05 amending Chapter 15. 10, Seward Zoning Code, related to transient merchants, and Ordinance No. 96 -08 amending Chapter 8.10, peddlers and solicitors. She added that there were no changes to the content of the ordinance. She explained that the Council could either vote the original motion for introduction down and then introduce the two separate ordinances, or the Council could separate Ordinance No. 96 -05 into two ordinances by making a motion to divide the question. Both ordinances would then be on the floor separately for introduction and a vote. MOTION (Anderson /Sieminski) Divide the question by creating two new ordinances, Ordinance No. 96 -05 ubsti- tube and Ordinance No. 96 -08 Motion Passed. Unanimous Murphy explained that Ordinance No. 95-05 Substitu was now before the Council for introduction. Ordinance No. 96 -05 Substitute amending SCC Chapter 15.10, Seward Zo ning Code relating to transient merchants MOTION (King/Sieminski) Postpone until February 12, 1996. If City of Seward, Alaska City Council Minutes January 22 1996 Volutne 32, Page 48 King stated that he would like further time to review the material that was just presented by the administration. VOTE ON MOTION Motion Failed. YES: Anderson, King NO: Bencardino, Crane, Deeter, Keil, Sieminski VOTE ON INTRODUCTION OF ORDINANCE NO 96 -05 SUBSTITUTE Motion Passed. YES: Bencardino, Crane, Deeter, Ked, Sieminski NO: Anderson, King Public hearing was set for February 12, 1996. Ordinance No. 96-08 amending SCC Chapter 8.10, peddlers and solicitors VOTE ON INTRODUCTION Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Keil, Sieminski NO: King Public hearing was set for February 12, 1996. City Shop Relocation Mayor Bencardino stated that, since there was insufficient time left in the meeting, this item would be placed on the February 12, 1996, agenda under Unfinished Business. CITY MANAGER REPORTS Garzini introduced Hery Hensley, contractor for the City working on the Seward Flood Hazard Mitigation Plan. He urged those who were interested in identifying flood hazards to contact Hensley and the City or Borough. He noted the budget calendar for the upcoming budget sessions. COUNCIL DISCUSSION KEIL stated that, although it was not always a smooth process, the public process did work. f1 City of Seward, Alaska City Council &finutes January 22, 1996 Volume 32 PaRe 49 ANDERSON challenged the administration to formulate a parking assessment program encompassing the entire city. She stated that the Council had previously approved a paid parking ordinance which allowed the Council to establish paid parking lots and set fees by resolution. Garzim noted that he had distributed a memorandum to the Council regarding a proposed parking assessment program for the downtown area. CITIZENS' DISCUSSION WILLARD DUNHAM, Diamond and Alder, asked the Council to consider the businesses that provide parking to customers when they review the parking situation. He also stated that the Council should look at the access to 4th Avenue from both 5th and 3rd if the downtown area should be converted to a mall. He also asked when the Council would discuss relocation of the city shop. He objected to blame being placed on the SeaLife Center for the city's parking problems. He stated that the SeaLife Center would provide about 170 parking spaces on site. BRAD SNOWDEN, 525 6th Avenue, stated that the downtown and harbor area were different and had different parking needs and problems which required different approaches and solutions. He asked the Council to be sensitive to the downtown and harbor businesses by including them while resolving the parking problems. He suggested a meeting with the businesses to receive input because the assessment of a large fee for parking would affect each business. PAT STERLING, Bear Creek, stated that a business should receive parking spaces in return for payment of assessments, and the funds should be used to purchase property to provide for additional parking. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned at 11:00 p.m. City Clerk Cit y wh v av � r w � na s +a of • +6r8'i Louis . Bencardino Mayor q01 City of Seward, Alaska City Council Minutes February 12 1996 Volume 32, Page 5D CALL TO ORDER The February 12, 1996, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Thomas F. Klinkner, City Attorney Patricia Jones, Deputy City Clerk CITIZENS' COMMENTS STU CLARK, 1129 Cliff View Place, asked for a clarification on whether or not harbor businesses were grandfathered and not required to provide parking since the parking assessments were repealed without re- instituting the former exemption from parking requirements for harbor commercial area businesses. Items other than those aDDe8rlIlg on the agenda None. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson / Sieminski) Approve the Agenda and Consent Agenda. Sieminski moved Ordinance No. 96 -10 and No. 96 -11 to the regular meeting agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous a. City of Seward, Alaska City Council Minutes February 12, 1996 Volume 32 Page 51 The Deputy Clerk read the following approved consent agenda items: The January 22, 1996, regular meeting minutes were approved as written; Ordinance No. 96-0 amending SCC § 2.10.055, Agenda, authorizing the City Council to set the official order of business for council meetings by resolution as a part of the Council's adopted Rules of Procedure, was introduced and set for public hearing February 26, 1996; Resolution No. 96 -015 placing the Jesse Lee Home on the Seward Register of Historic Places, was approved; Resolution No 96 -016 authorizing the purchase of utility poles from Potelcom Supply without full utilization of city bid procedures, was approved; The Clerk was instructed to issue a letter of non - objection to the renewal of liquor licenses as requested by Dreamland Bowl, Pioneer Bar and Breeze Inn Bar; and A Proclamation designating February 11 -17, 1996, as Vocational Education Week was noted for information. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Mike Wiley gave a verbal report of the most recent assembly meeting. He noted that an ordinance related to the Kenai River was once again before the assembly and he welcomed input. He stated that the assembly would be voting on an ordinance to eliminate run -off elections for assembly and school board but not the Mayor's seat. NOTE: Mayor Bencardino stated that, since there were so many public hearings before the Council, Presentations with Prior Notice, Items A through C would be taken out of order at this time. There was no objection from the Council. PRESENTATIONS WITH PRIOR NOTICE ONLY [Taken out of order] Peggy Erickson - Breast Cancer Screening Clinic at Seward General Hos ERICKSON, X -ray technician, stated that the recent breast cancer screening clinic had been very successful. She noted that 60 women had received mammograms and attended an informational session. She thanked the Seward Emblem Club for its donation of $5,000 towards future mammograms and stated that the donation would save patients 30 percent on the cost of a mammogram. She stressed the importance of regular check -ups and cited statistics since the inception of the program. USAF Colonel Gregory T Gonyea - Update on Air Force plans for the Seward Recreation Camp COLONEL GONYEA updated the Council on the upcoming reconstruction 52 City of Seward, Alaska City Council Minutes February 12 1996 Volume 32, Page 52 project at the Air Force Recreation Camp. He stated that plans were underway to build duplex cabins, landscape the area, build a new laundry facility and a better fish cleaning facility. He stated that the final design would be completed by March 7, the contract would be awarded on May 22 and the first phase of the project would take place from June to October 1996. He noted that the initial construction of six cabins would take place this year and the remainder of the project was scheduled for completion in 2001. He further noted that the number of seasonal employees at the camp would increase from 38 to 70 upon completion of the project. JOE THOMAS outlined the effect of the construction on camp operations during the summer including a reduction in staff from 39 to 31. SAAMS Representative - Project Update DARRYL SCHAEFERMEYER, Project Administrator, gave a status report on the financing and construction schedule for the Alaska SeaLife Center. He stated that the landscaping contract for design and rock work had been awarded to Jolly Miller Landscaping. He reported that the bridge financing package was currently under review by two banks from New York and Alaska. He stated that a fund- raising event had been held at the Anchorage Museum and another event was being held in New York hosted by prominent New York individuals. He noted that the goal was to raise a total of four million dollars with initial two million dollars to be raised by the end of February. He reported that negotiations were continuing for an education tax credit through the University of Alaska. Finally, he stated that U. S. Senator Ted Stevens had spoken in support of the ASLC as reported in the newspaper. Anderson thanked the SAAMS Board for the distribution of its informational brochure to post office box holders. Bencardino also thanked the Board and stated that the newsletter was a good idea. Schaefermeyer replied that the Board intended to distribute information on a quarterly basis. SPECIAL ORDERS AND PUBLIC HEARINGS [Return to regular order of business] Ordinance No. 96 -05 amending SCC Chapter 15.10, Seward Zoning Code, relating to transient merchants 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 (Crane /Sieminski) Enact Ordinance No. 96-05 Anderson questioned the requirement for transient merchants to provide parking for each employee or four customer seats since the area designated for operation was only 15 square feet. Martin replied that when the ordinance was written, parking assessments were still in effect, but with repeal of the assessments, it would be difficult for a transient merchant to provide necessary parking. Garzini agreed that compliance with parking requirements would be difficult. MOTION (Anderson /King) Amend by deleting Section 3, requiring transient merchants to provide one park- ing space for each employee or one for City of Seward, Alaska City Council Minutes February 12, 1996 !Volume 32 Page 53 Motion Passed. each 4 customer seats, and renumbering the subsequent sections. Unanimous Klinkner suggested an amendment to clarify the language regarding the 150 -day season. MOTION (Anderson /Sieminski) Motion Passed. Amend Section 2, transient merchant definition, by deleting "not to exceed 150 calendar days annually" and inserting "within a period not exceeding 150 consecutive days in a calendar year "; and amend new Section 3, land uses allowed, Cl, by deleting "not to exceed 150 calen- dar days annually" and inserting "be limited to a period not exceeding 150 consecutive days in a calendar year." Unanimous 1 1 ICIh:► ►1 '� I I 1 1 Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Keil, Sieminski NO: King Ordinance No. 96 -08 amending SCC Chapter 8.10, Peddlers and Solicitors 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/Keil) Enact Ordinance No. 96 -08 Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Keil, Sieminski NO: King ,54 City of Seward, Alaska City Council Minutes February 12 1996 Volume 32, Page 54 Ordinance No. 96 -07 making certain housekeeping changes to SCC Title 2 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/Deeter) Enact Ordinance No. 96-07 Garzini stated that the city's insurance agent, AML /JIA, had reviewed the administrative code and recommended housekeeping changes to several words, titles and departmental structures to conform to current city structure and practice. He stated that there were no changes to current law or policies. Klinkner recommended two amendments to clarify the intent of the housekeeping language. MOTION (Anderson /Sieminski) Motion Passed. MOTION (Anderson /Crane) Motion Passed. Amend by adding a "Whereas" clause as follows: , WHEREAS, Seward City Char- ter Section 5.3(a) governs the appointment and terms of appointive city officers, and the amendment to SCC § 2.20.010 in this ordinance is intended to state existing law in terms more consistent with those used in the Charter, and is not intended to change existing law;" Unanimous Amend Section 3, SCC § 2.10.100, Com- pensation of councilmembers, by reword- ing to read: "Compensation shall be paid quarterly on the payday for the first pay period ending in January... Unanimous f IM wrlefel 51c Motion Passed. Unanimous Resolution No. 96 -014 authorizing the City Manager to execute a no cost easement agreement allowing the Alaska Department of Fish and Game to utilize a portion of Alaska Tideland Survey 174 for development of mariculture facility water intake and discharge pipelines W City of Seward, Alaska City Council Minutes February 12, 1996 Volume 32 Page 55 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 /Keil) Motion Passed. Approve Resolution No. 96 -014 Unanimous PRESENTATIONS WITH PRIOR NOTICE [Continued] Bencardino noted that WAYNE CARPENTER was attending a Borough Planning Commission meeting and could not be present. Jones noted that LEO WAKEFIELD had notified her that he had a prior commitment and could not be present. ELAINE KINCHELOE was not present. RICHARD GOSHORN stated that he was neutral on planning and zoning issues and could provide an objective outlook in making decisions. He asked the Council to consider him for a seat on the Commission. RECESS: The meeting recessed at 8:48 p.m, and reconvened at 8:58 p.m. ORDINANCES FOR INTRODUCTION Ordinance No. 96 -10 amending SCC Chapter 15.10, Seward Zoning Code, to prohibit vehicle impound lots in the Auto Commercial Zoning District MOTION (Anderson /Sieminski) Introduce Ordinance No. 96 -10 and set public hearing for February 26, 1996. In answer to a question from Sieminski, Community Development Director Martin stated that impound lots would be allowed only in the Industrial Zone if the ordinance were enacted. Garzini added that the ordinance would have no effect on the storage of automobiles being repaired at the Chevron or Bay City Motors service stations since the use was not considered an impound lot. VOTE ON MOTION Motion Passed. Unanimous � ab City of Seward, Alaska City Council Minutes February 12 1996 Volume 32, Page 5 6 Ordinance No. 96 -11 amending SCC Section 11.15.125 B, changing the parking limit in the Small Boat Harbor Center lot from four hours to three hours MOTION (Sieminski /Anderson) MOTION (Deeter /Crane) Motion Passed. VOTE ON MAIN MOTION Motion Passed. RESOLUTIONS Resolution No. 96 -013 establishing policy and fees for permitting of transient merchants on city property MOTION (Crane /Deeter) Introduce Ordinance No. 96 -11 and set public hearing for February 26, 1996. Amend to provide for 12 hour parking in the harbor center parking lot from October 1 to April 30. Unanimous Unanimous Approve Resolution No 96 -013 Jones explained that a substitute resolution and a memorandum had been prepared to address the request for proposal process outlined in Section 2.A. She noted that changes had been made to the RFP procedure to conform more closely to the City's standard RFP process. Anderson stated that the criteria to be used in determining the assignment of sites, specifically the type of goods or services provided and the decision on the aesthetics of the surrounding area, would be determined by the city clerk which could prove to be a difficult choice. Garzini stated that he had confidence that the clerk could handle the decision. He also envisioned that the clerk may want to appoint a selection committee to review vendor proposals and make a recommendation for site selection for each vendor. Anderson stated that future sites should be selected each year by the city manager subject to approval of the city council. Garzini had no objection. MOTION (Anderson /Crane) Amend Section 2, Item D., Available City Property, by adding "with the concurrence of the City Council" after "...evaluating possible transient merchant locations and..." r� City of Seward, Alaska City Council Minutes February 12, 1996 Volume 32, Page 57 Motion Passed. Unanimous Anderson asked for clarification of the size of the selected sites. Martin stated that the sites were 15 square feet each, or 3 feet by 5 feet. Anderson suggested enlarging the sites to allow the vendor more room to operate. MOTION (Anderson/Keil) Amend Section 2, Item DI and D2 by changing the size of the sites to 32 square feet. Motion Passed. Unanimous Anderson was concerned that the sites along the boardwalk between Ray's Waterfront and The Landing would interfere with traffic, parking and boardwalk foot traffic. She suggested designating one site on the water side of the boardwalk rather than two sites along the parking lot side. MOTION (Anderson/Sieminski) Motion Passed. Amend Section 2, Item D2, to change "two" sites to 'one site" located along the boardwalk that would not interfere with parking or boardwalk foot traffic. YES: Anderson, Bencardino, Crane, Keil, Sieminski NO: Deeter, King Crane stated that he would like to refer the resolution to the administration for further review or postpone until the Council had sufficient time to thoroughly review the proposed policy. MOTION (Crane /Anderson) Postpone until February 26, 1996. Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, King, Sieminski NO: Keil Resolution No. 96 -017 setting a special election to be conducted on Tuesday, April 9, 1996, for the purpose of authorizing the sale of general obligation bonds or lease obligations for capital facilities construction and authorizing the transfer of assets and liabilities of Seward General Hospital to Providence Alaska Medical Center MOTION (Anderson/Deeter) Approve Resolution No. 96 -017 City of Seward, Alaska City Council Minutes February 12 1996 Volume 32, Page 58 MOTION (Anderson /Keil) Amend the election date to Tuesday, May 21, 1996. Anderson stated that Garzini, Klinlmer and she had held a teleconference with Providence. She explained that Providence was in the process of gathering information on a detailed operation and capital improvement plan to present to the Providence Board on April 14, 1996. She added that the proposed plan should be ready for review by the City Council the first week of March and presentation at the March 11 meeting. She added that the Council should have enough information by March 11 to call the special election at that time. Garzini added that the full report by Providence would be ready for Council approval by March 11, and if the Council supported the plan, the election could be confirmed. Jones stated that the resolution could be postponed to the next meeting and then postponed once again to the March 11, 1996, meeting. MOTION (Anderson/Deeter) Motion Passed. Postpone until February 26, 1996. Unanimous Resolution No. 96 -018 designating paid parking lots in the Small Boat Harbor, setting parking limitations for the center parking lot in the Small Boat Harbor and the Downtown Business Corridor, and instructing the City Manager to issue a request for proposals to provide parking management and enforcement MOTION (Crane /Anderson) Approve Resolution No. 96 -018 MOTION (Sieminski /Anderson) Amend Section 1 by changing "Fish Ditch" to "Van Buren' Sieminski supported paid parking from Van Buren to Port Avenue including paid parking in the center lot. Anderson stated that the City could not regulate the private property located between the Fish Ditch and Van Buren. Jones clarified that the resolution identified only the south parking lot rather than the entire parcel suggested by Sieminski. VOTE ON MOTION Motion Failed, YES: Sieminski NO. Anderson, Bencardino, Crane, Deeter, Keil, King City of Seward, Alaska City Council Minutes February 12, 1996 Volume 32 Page 59 MOTION (Sieminski/Anderson) Motion Failed. MOTION (Sieminski /Kell) Amend by designating the center lot as paid parking. YES: Sieminski NO: Anderson, Bencardino, Crane, Deeter, Keil, King Amend Section 1. by adding the language: "Parking permits for one vehicle shall be issued at no charge to slip holders paying an annual moorage fee." Garzini supported a reduced rate for harbor employees and slipholders rather than a free parking permit. Motion Passed. MOTION (Anderson/Sieminski) Motion Failed. YES: Anderson, Bencardino, Keil, King, Sieminski NO: Crane, Deeter Amend the language in the above amendment to read: "Parking permits for one vehicle shall be issued at no charge for the first year to slipholders paying an annual moorage and will be considered annually thereafter." YES: Anderson, Deeter, Sieminski NO: Bencardino, Crane, Keil, King Crane suggested further review of the parking issue since the Council could not come to a consensus. He further asked for clarification of the resolution and amendments made thus far. RECESS: The Council recessed at 9:50 p.m. and reconvened at 9:58 p.m. Jones clarified that the Sieminski amendment providing for free parking permits for slipholders was the only amendment approved thus far. MOTION (Anderson / Sieminski) Motion Passed. Amend by providing for seasonal paid parking permits in the parking manage- ment plan. YES: Anderson, Bencardino, Crane, Deeter, King, Sieminski NO: Keil am City of Seward, Alaska City Council Minutes February 12 1996 Volume 32, Page 60 MOTION (King / Sieminski) Amend by providing free parking permits for harbor employees. Garzini suggested allowing the parking contractor to set the rates. Motion Failed. YES: Keil, King NO: Anderson, Bencardino, Crane, Deeter, Sieminski Following a lengthy discussion on the merits of the resolution and amendments, Crane asked for a ruling on whether or not any amendment could be reconsidered. Jones replied that any amendment on the issue currently before the Council could be reconsidered at the meeting upon approval of a majority of Council. In answer to a question from the Council, she clarified that a motion to reconsider an item at a future meeting needed 2/3 vote. [Note: Actually, the Council's adopted Rules of Procedure require a 2/3 vote for the adoption of any motion to reconsider.] MOTION (Anderson/Bencardino) Motion Passed. VOTE ON AMENDMENT Motion Failed. Reconsider Sieminski amendment to amend Section 1. by adding the language: "Parking permits for one vehicle shall be issued at no charge to slipholders paying an annual moorage fee." YES: Anderson, Bencardino, Crane, Deeter NO: Keil, King, Sieminski YES: Keil, King, Sieminski NO: Anderson, Bencardino, Crane, Deeter Motion Failed. YES: Anderson, Bencardino, Crane NO: Deeter, Keil, King, Sieminski Resolution No. 96 -019 establishing the Parking Revenue Fund and setting parameters for expenditures from the Fund MOTION (Crane/Deeter) Approve Resolution No. 96 -019 iry 7? City of Seward, Alaska City Council Minutes February 12, 1996 VOIRtne 32 Page 61 Motion Passed. YES: Anderson, Bencardino, Crane, Deeter NO- Keil, King, Sieminski Resolution No. 96 -020 approving an amendment to a purchase order issued to Walaska Interiors for construction of the council dais and amending the project budget to provide for additional work to be completed in the Council Chambers MOTION (Keil/Sieminski) Motion Passed. Approve Resolution No. 96 -020 Unanimous Resolution No. 96 -021 extending the KPMG Peat Marwick audit services contract for Fiscal Year 1996 MOTION (Keil/King) Motion Passed. Approve Resolution No. 96 -021 Unanimous Resolution No. 96 -022 approving a contract with CRW Engineering for engineering services for the proposed North Forest Acres Road MOTION (Crane / Sieminski) Approve Resolution No. 96 -022 Garzini stated that this project was on an accelerated basis in order to determine the cost to construct the North Forest Acres Road. He added that, as the City's number one legislative priority, it was essential to provide accurate financial data in order to obtain legislative approval of state funding. Motion Passed. Unanimous Resolution No. 96 -023 approving a contract for animal control services MOTION (Deeter / Sieminski) Approve Resolution No. 96 -023 Keil stated that she had received comments from the public about treatment of the animals. Garzini assured the Council that the contractor, Dee Johnson, had a reputation of treating the animals with the utmost care. He noted that she had been the City's animal control officer in the i... past. Motion Passed. Unanimous re) City of Seward, Alaska City Council Minutes February 12 1996 Volume 32, Page 62 Mayor Bencardino stated that, since it was almost 11:00 p.m., Unfinished Business Items, Ordinance No. 96 -02 and City Shop Relocation, would be placed on the February 26, 1996, agenda under Unfinished Business. NEW BUSINESS A=intment of Planning Commissioners Jones distributed ballots to the Council with the instruction to vote for not more than two applicants and to sign the ballot. She collected the ballots and read the results as follows: Wayne Carpenter received seven votes. Richard Goshom received zero votes. Elaine Kincheloe received four votes from Anderson, Bencardino, Crane and Keil. Leo Wakefield received three votes from Deeter, King and Sieminski. MOTION (Anderson/Deeter) Confirm appointment of Wayne Carpenter and Elaine Kincheloe to three -year seats on the Planning and Zoning Commission for terms to expire February 1999. Motion Passed. Unanimous CITY MANAGER REPORTS Garzini distributed a budget calendar and proposed March 18 for a work session to present budget issues, receive Council input and then present a refined budget in mid - April. He further suggested rescheduling the March 25 Council meeting to March 18 due to the Seward's Day holiday. He announced that the new youth center would hold its grand opening on March 5. CITIZENS' DISCUSSION STU CLARK, 1129 Cliff View Place, stated that he would like an answer to his question on parking requirements in the harbor commercial zone. DONNA MAREK, 1810 Phoenix Road, stated that she had worked in the harbor for a number of years, and there was definitely a parking problem. She supported paid parking. MIKE WILEY, 550 Railway, stated that the new animal control contractor had been overzealous in regulating animals in the past and he asked the Council to consider review of her performance at the end of the fiscal year. He noted that Dr. Fox had still not received hospital privileges and he hoped the situation would be resolver]. He commended the Fire Department for its response to a fire near his home last week, He also commended the public works crew for its quick response to the recent heavy snowfall, 6, City of Seward, Alaska City Council Minutes February 12, 1996 Volume 32, Page 63 COUNCIL DISCUSSION None. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS The Council requested that the administration and the attorney review the parking requirements in the harbor in response to Mr. Clark's concern. ADJOURNMENT The meeting was adjourned at 11:00 p.m. J bt-4,�y Lind i Mus ry, dMCI A. encardino City Clerk Mayor R (City v � e v ,. City of Seward, City Council Minutes February 26, 1996 Volume 32, Page 63 CALL TO ORDER The February 26, 1996, regular meeting of the Seward City Council was called to or- der at 7:30 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Councihnember Sieminski led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski n City of Seward, Alaska City Council Minutes February 26 1996 Volume 32, Page 64 comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk r CITIZENS' COMMENTS STU CLARK, 1129 Cliff View Place, commented that existing businesses in the Har- bor Commercial District were grandfathered for parking requirements but new businesses would need to provide parking. He asked the Council to direct the Planning and Zoning Com- mission to address SCC §15.10.215, concerning parking. He also commented on Ordinance No. 96 -02 related to provision of parking on a separate lot not occupied by the principal use served. TOM STAUDENMAIER, Eagle River, stated that the City would hold a special elec- tion to dispose of the hospital, and he recommended a resolution selling the Electric Utility. He commented on the work session held earlier in the evening with Alaska Electric Generation and Transmission, Inc. (AEG &T) to discuss electrical issues. He asked the Council to invite Chugach Electric Association to make a presentation. RANDY MCFARLAND, Mile 6, Seward Highway, supported a request for proposals to institute a paid parking management plan. He asked the Council to allow parking manage- ment firms to propose a parking plan for Seward rather than try to resolve the problem. LOUIE MARCH, Mile 5.5 Seward Highway, gave a brief electrical issue update re- lated to AEG &T, Chugach Electric Association and other utilities statewide. He objected to the high rates charged to taxpayers. TOM STAUDENMAIER, Eagle River, discussed various electrical issues statewide. BOB VALDATTA, 528 Fifth Avenue, stated that the City needed a full time manager at the Seward Marine Industrial Center to oversee operations. APPROVAL OF AGENDA AND CONSENT AGENDA City of Seward, Alaska City Council Minutes February 26, 1996 Volume 32 Page 65 MOTION (Sieminski/Crane) Approve the Agenda and Consent Agenda. Garzini requested deletion of Unfinished Business, City Shop Relocation. He noted that the administration was reviewing options with the State Shop and would provide additional information at a later date. Sieminski moved ReCOI ion No. 96 -024 and New Business Item, Reschedule March 25 Council meeting, to the regular meeting agenda. He added New Business Item C, request for funding from the Economic Development District to explore the possibility of construction of an ice skating rink. Murphy requested deletion of Resolution No. 96 -025 since it contained essentially the same language related to parking as Resolution No. 96 -018 which was scheduled for a vote on reconsideration. VOTE ON APPROVAL OF AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: The February 12, 1996, regular meeting minutes were approved as written; Resolution No. 96 -027 amending the Mayor and Council travel and training budgets, was approved; and Certificate of Appreciation to the Emblem Club for its donation to Seward General Hospital was noted for information. BOROUGH ASSEMBLY REPORT Mayor Bencardino noted that Kenai Peninsula Borough Assemblymember Mike Wiley was attending a joint assembly - school board meeting and had distributed a written report to the Council and the public prior to the meeting. SPECIAL ORDERS AND PUBLIC HEARINGS Ordinance No. 96-09 amending SCC §2.10.055, Agenda, authorizing the City Council to set the official order of business for council meetings by resolution 6 City of Seward, Alaska City Council Minutes February 26 1996 Volume 32, Page 66 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. LOUIE MARCH, Mile 5.5 Seward Highway, spoke in opposition to the ordinance and claimed that it violated his right to free speech. BOB VALDATTA, 528 Fifth Avenue, stated that if Mr. March and /or other out -of town citizens had problems with the City, they should appoint a representative to speak on their behalf. TOM STAUDENMAIER, Eagle River, objected to limiting citizen's comments to taxpayers and residents of the City. He noted that residents outside the City, including Seward Utility Service Area customers, should have a right to be heard. ROBERT DUESMAN, Meridian Park, stated that a citizen should have the right to make a presentation without a special invitation. STU CLARK, 1129 Cliff View Place, stated that there were opportunities for citizens to speak before the Council included in the ordinance. He stated that presentations were nor- mally reserved for formal presentations and he was sure that the Council and Administration would gladly allow for presentations. He stated that the existing problem seemed to be repeti- tive ongoing comments about city government by taxpayers outside the city. He further noted that §2.10.070, restricting presentations by residents and taxpayers of the City only, could lead to constitutional difficulties. No one else appeared in order to be heard, and the public hearing was closed. MOTION (Anderson/Sieminski) Enact Ordinance No. 96 -09 Substitute amending Seward City Code § 2.10.055, Agenda, authorizing the City Council to set the official order of business for council meetings by resolution as part of the Council's adopted rules of pro- cedure, and § 2.10.070, addressing the Council by the public, to conform to the proposed new agenda format. Deeter objected to prohibiting citizens from giving presentations and prohibiting councilmembers from inviting presentations. MOTION (Deeter /Crane) Delete § 2.10.070 D, Presentations. v City of Seward, Alaska City Council Minutes February 26, 1996 Volume 32, Page 67 Murphy explained that the intent was to allow for presentations to Council from people or representatives who desired to give a formal presentation on city - related business. She added that nobody would be precluded from speaking at the meeting since there were two other opportunities for comments at the beginning and end of each meeting.. Garzini stated that the time being spent on Presentations at the beginning of the meeting negated the public's chance to speak under Citizen's Discussion at the end of the meeting. He added that the intent of streamlining the agenda was to ensure that the Council could complete its business. Anderson stated that the agenda format should be set in order to allow Council suffi- cient opportunity to address it's regular order of business. Crane concurred with I)eeter about allowing the councilmembers to invite presentations. He stated that the Council needed to focus on setting policy rather than spend- ing time attending to administrative matters in order to hold efficient meetings. Keil and King supported the amendment. VOTE ON MOTION Motion Passed. MOTION (Anderson / Deeter) Motion Passed. YES: Crane, Deeter, Keil, King, Sie- minski NO: Anderson, Bencardino Postpone until March 11, 1996, and set an additional public hearing. Unanimous. Ordinance No. 96 -10 amending Seward City Code Chapter 15.10, Seward Zoning Code, to prohibit vehicle impound lots in the Auto Commercial Zoning District 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 (KeiUKing) Enact Ordinance No. 96 -10 Motion Passed. Unanimous. City of Seward, Alaska City Council Minutes February 26 1996 Volum 32, P age 68 Ordinance No. 96 -11 amending Seward City Code § 11.15.125, changing the parking limit in the Small Boat Harbor center lot from four hours to three hours Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. VICKIE LEVINE, Meridian Park, objected to limiting parking to three hours in the harbor and asked the Council to retain the four hour limit so visitors could have time to enjoy themselves. CARLENE EARLEY, 402 Sixth Avenue, opposed the three hour parking and paid parking for harbor customers and employees. SUE FULLER, Bear Creek Road, was also opposed to paid parking in the harbor. ROBERT DUESMAN, Meridian Park, stated that payment of parking fees could be difficult for employees making only $6.00 per hour. No one else appeared in order to be heard, and the public hearing was closed. MOTION (Anderson/Crane) Enact Ordinance No. 96-11 Substitute amending Seward City Code Chapter 11.15 relating to time limits on parking. Murphy noted that the substitute ordinance before the Council failed to address setting parking time limits in parking lots and suggested that the Council allow the administration to prepare additional amendments for consideration at the next meeting. Deeter concurred. MOTION (Deeter /Crane) Remand to the Administration for review and revisions and set additional public hearing for March 11, 1996. Anderson stated that the intent of the ordinance was to provide for consistent parking regulations. Garzini stated that the substance of the ordinance provided for parking time limits to be set by resolution. He supported revision and additional public hearing. VOTE ON MOTION Motion Passed. Unanimous. PRESENTATIONS WITH PRIOR NOTICE ONLY None. �4 City of Seward, Alaska City Council Minutes February 26, 1996 Volume 32 Page 69 ORDINANCES FOR INTRODUCTION None. RESOLUTIONS Resolution No. 96 -024 amending the legal budget by transferring $5,000 from the General Government subject matter to the Jones v. City subject matter MOTION (Crane /Anderson) Approve Resolution No. 96 -024 In answer to a question from Sieminski, Garzini clarified that the resolution approved a line item budget transfer within the legal budget and did not appropriate additional funds. He stated that this action kept the Council and public informed about the status of legal operations. Motion Passed. Unanimous Resolution No. 96 -026 approving the Council agenda format MOTION (Crane /Anderson) MOTION (King / Deeter) Motion Passed. UNFINISHED BUSINESS Approve Resolution No. 96 -026 Postpone to March 11, 1996. Unanimous Resolution No. 96 -013 establishing fees and policy for permitting transient merchants on city property Mayor Bencardino noted that there was a motion on the floor for approval as amended. Deeter stated that the final decision on issuance of vendor permits rested with the city clerk, and he preferred not to place: that burden on any one individual. Crane agreed and stated that the current policy could pose problems with the selection process. He suggested a lottery from those vending proposals received in response to a request for proposals. King agreed. Garzini supported a lottery on a tried basis of one year. The Council held a brief recess to allow the city clerk to prepare an amendment to pro- vide for a lottery. City of Seward, Alaska City Council Minuses February 26 1996 Volume 32, Page 70 RECESS: The meeting recessed at 8:48 p.m. and reconvened at 5:55 p.m. Murphy recommended amending Section 1., Subsection A.3., to read as follows: 3. Proposals shall be reviewed and sites assigned based on the fol- lowing criteria: A. Conformance with the city code and applicable policies and procedures B. Completeness of application C. Selection through a lottery process conducted by the City Clerk's office. MOTION (Crane /King) Amend as recommended. Motion Passed. YES: Bencardino, Crane, Deeter, Keil, King, Sieminski NO: Anderson MOTION (Crane / Deeter) Amend by adding a refundable cleaning deposit of $100.00 to Section 2., Subsection A.I. Motion Passed. Unanimous VOTE ON RESOLUTION AS AMENDED Motion Passed. YES: Bencardino, Crane, Deeter, Keil, King, Sieminski NO: Anderson Resolution No. 96 -017 calling a special election to be held on Tuesday, May 21, 1996, for the purpose of authorizing the sale of general obligation bonds or lease obligations for capital facilities construction and to authorize the transfer of assets and liabilities of Seward General Hospital to Providence Alaska Medical Center Murphy noted that there was a motion for approval on the floor. MOTION (Anderson /Keil) Postpone until March 11, 1996. Anderson stated that the proposal from Providence would be available the first week of March, and the Council should be prepared to take action on the resolution on March 11, 1996. City of Seward, Alaska City Council Minutes February 26, 1996 Volume 32 Page 71 Motion Passed. Unanimous Resolution No. 6 -018 designating paid parking lots in the Small Boat Har- bor, setting parking limitations in the Small Boat Harbor center parking lot and in the downtown business corridor, and authorizing the issuance of a request for proposals for parking management and enforcement Murphy noted that a motion to reconsider could be made only by Councihnember Deeter, a second was needed and a 2/3 vote would bring the resolution to the floor for action. She added that if no motion was made or a 2/3 vote was not received, the vote defeating the resolution would stand. Deeter failed to move reconsideration of Resolution No. 96 -018 Ordinance No. 96-02 amending SCC Chapter 15.10, Seward Zoning Code, related to parking Murphy noted that a motion to enact the ordinance as amended on 01/22/96 was on the floor. MOTION (Anderson/Keil) Amend Section 2., Subsection D.A., to change the parking width from eight feet to nine feet. King opposed the amendment. He stated that there was no requirement to stripe or provide the legal size width of parking spaces on private property. He stated that provision of sufficient parking by small businesses, particularly home occupations, was one of the most difficult requirements to meet. He added that the intent of narrowing the width of a parking space on private property to eight feet was to encourage small business development throughout the community. Garzini stated that, although the City Code specified a ten foot width, he could support nine feet; however, the eight foot wide spaces were too small. He noted that he did understand Mr. King's concern with small business development. Bencardino stated that private enterprise would be responsible for liability, and he supported eight foot widths for the small home occupation business. City of Seward, Alaska City Council Minutes February 26 1996 Volume 32, Page 72 VOTE ON MOTION Motion Passed. YES: Anderson, Crane, Deeter, Keil NO: Bencardino, King, Sieminski MOTION (King /Crane) Motion Passed. Amend Section 3., Subsection EA., by deleting "subject to approval as a conditional use" YES: Bencardino, Crane, Deeter, Keil, King, Sieminski NO: Anderson King stated that it was unrealistic to require a six-pack charter boat to provide two parking spaces due to the lack of property available for lease or sale. He preferred leaving the original code provision in place requiring charter boats with more than 20 seats to provide parking. MOTION (King /Crane) Delete Section 1., § 15.10.215, Parking, Item 7. Martin reviewed the history related to parking assessments and requirements. He stated that when the ordinance was written, the Council had not yet repealed the parking assessments. He stated that the intent of the ordinance overall was to relax parking requirements. VOTE ON KING AMENDMENT Motion Passed. YES: Bencardino, Crane, Deeter, Keil, King, Sieminski NO: Anderson VOTE ON ORDINANCE NO, 96 -02 AS AMENDED Motion Passed. YES: Crane, Deeter, Keil, King, Sieminski NO: Anderson, Bencardino NEW BUSINESS .17 M Mn 1' 13 r a t UTIN n s Mrro rM IT " I romr-mm MOTION (Sieminski/Deeter) Reschedule 03/25/96 regular meeting to 03/18/96. City of Seward, Alaska City Council Minutes February 26, 1996 Volume 32, Page 73 Motion Passed. Unanimous Economic Development District Request for Donation for Ice Skating ink Sieminski suggested donating $2,500 to assist EDD with plans to seek financial support for development of an ice rink for the community. Anderson preferred addressing this issue during budget time. Crane asked for more information prior to making a decision. Bencardino asked the clerk to add the EDD request to the March 11, 1996, agenda under Resolutions. CITY MANAGER REPORTS GARZENI noted the Port and Commerce Advisory Board memorandum included in the packet supporting acquisition of instrument approach equipment for the Seward airport and a commendation of the public works crew for exemplary snow removal service. In response to the suggestion by Stu Clark, GARZINI suggested review by the Planning and Zoning Commission of the Harbor Commercial District Parking Code interpretation. GARZINI distributed a draft RFP for development of a master plan for City lands that o- would encompass various available city property. He asked the Council to review the draft and �,. provide input. COUNCIL DISCUSSION KING supported the idea of a master plan. In response to Clark's concern, King stated that the parking assessment provided for revenue and was not intended to delete the exemption from parking requirements in the harbor commercial district; he asked for introduction of an ordinance to reinstate the exemption. SIEMINSKI supported allowing local bidders to bid on phases of large public projects rather than on the entire project. DEETER wished Police Lieutenant Brossow a speedy recovery from a serious injury sustained in a snow machine accident over the weekend. CRANE agreed with the PACAB recommendations and recognition of the public works crew. He further agreed with King's request for an ordinance to exempt parking requirements in the harbor. Crane sent his best to Lt. Brossow. In answer to a question from ANDERSON, GARZINI explained his letter exploring the possibility of Korean coal vessels importing cement to Alaska and utilizing the port as a receiving �"" area. City of Seward, Alaska City Council Minutes February 26, 1996 Volume 32, Page 74 MAYOR BENCARDINO reported on the City's lobbying efforts and private enterprise support of expansion of the Alaska Railroad Dock. He informed the Forest Acres residents that they would have input on the location of the proposed access road to the landfill, and the existing flags close to property lines were only to determine elevation, not the location of the road. CITIZENS' DISCUSSION DARRELL JOHNSON, AVTEC Student, Delta Junction, contested the towing of his automobile from 5th Avenue during the recent snow removal by the public works crew. He stated that he did not see the entire sign because it was partially covered by snow, and he did not realize he could not park in his usual space. The Council agreed to forgive the $75.00 towing fee. BOB VALDATTA, 528 Fifth Avenue, appreciated the comments by the Council. He discussed how the cement project idea originated, and he stated that this could be the beginning of a successful foreign trade zone. PAT STERLING, Small Boat Harbor, stated that the sawmill was only a shell of a building, and he suggested removing the remainder and cleaning up the area. He stated that dust from cement shipments posed an air pollution problem. RANDY MCFARLAND, thanked the Council for its work on the parking problem. He voiced appreciation for the Council's willingness to discuss his concerns regarding parking. He stated that paid parking provided convenience in Anchorage and could work just as well in Seward. ROBIN DYKSTRA, Camelot, apologized to Garzini for not giving him a copy of his letter on the electrical upgrade proposal process. He urged the Council and administration to review the current City bid process. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS CRANE thanked Randy McFarland for his kind words. ADJOURNMENT z -, a Z a r °ry r �P ui A. Bencardino / Mayor The meeting was adjourned at 10:05 p.m. City of Seward, Alaska City Council Minutes March 11, 1996 Volume 32 Page 75 CALL TO ORDER The March 11, 1996, regular meeting of the Seward City Council was called to order at 7:32 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Thomas F. Klinkner, City Attorney Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk CITIZENS' COMMENTS MIKE WILEY, 550 Railway, asked the Council to postpone approval of Resolution No. 9 6.017 until the public was informed of the cost of financing and construction of a new medical services building. LOUIE MARCH, Mile 5.5 Seward Highway, encouraged the Council to continue to purchase power from Chugach Electric Association (CEA) rather than consider a merger with AEG &T. He also recommended selling the electrical utility to CEA. BRUCE HEATH, Mile 1.6 Seward Highway, informed the Council that he had been seriously injured while working for Seward Ship's Drydock in 1993. He asked the Council to City of Seward, Alaska City Council Minutes March 11 1996 Volume 32, Page 76 consider the policies on providing hospital care to those patients with no insurance and the requirement to request advance payment for medical care. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane /Anderson) Approve the Agenda and Consent Agenda. Anderson moved Resolution No. 96 -033 and Ordinance No. 96 -13 to the regular meeting agenda. Crane moved Resolution No. 96 -031 to the regular meeting agenda. Murphy moved Ordinance No. 96 -14 to the regular meeting agenda. Sieminski moved Resolution No. 96 -030 to the regular meeting agenda and added New Business Item C., Hospital Hydroelectric Generator. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanunous The Clerk read the following approved consent agenda items: The February 26, 1996, regular meeting minutes were approved as written; Resolution No. 96 -029 approving a contract with Wilder Construction to drive piling and install the new "X" float on the east side of the Small Boat Harbor, was approved; Resolution No. 96 -032 approving a special events permit and authorizing the discharge of fireworks by the Seward Chamber of Commerce during the 1996 Independence Day Celebration, was approved; Resolution No. 96-034 requesting the Kenai Peninsula Borough School District to require the study of Alaska history and government prior to high school graduation, was approved; and Requests for liquor license renewals filed by Harbor Dinner Club, Marina Restaurant, BPO Elks #1773 and Gateway Liquor Mart were approved and the City Clerk was instructed to issue a letter of non - objection to the Alcoholic Beverage Control Board. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Mike Wiley gave a verbal report of the most recent assembly meeting and budget work sessions held by the School Board. He stated that he would be available at the Chamber of Commerce from 10:00 a.m. until 11:00 a.m. to meet with constituents. City of Seward, Alaska City Council Minutes March 11, 1996 Volume 32 Page 77 SPECIAL ORDERS AND PUBLIC HEARINGS Ordinance No. 09 , authorizing the City Council to set the official order of business for council meetings by resolution and amending Section 2.10.070, addressing the council by the public Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. LOUIE MARCH, Mile 5.5 Seward Highway, was opposed to limiting citizens' discussion at council meetings. He further objected to proposed Ordinance No. 96-12 which was scheduled for introduction later in the meeting. No one else appeared in order to be heard, and the public hearing was closed. Murphy noted that there was a motion on the floor for enactment. She recommended defeat of the ordinance in order to clear up any confusion on the part of the public. VOTE ON MOTION TO ENACT Motion Failed. All voted NO. Ordinance No. 96-11 amending Seward City Code Chapter 11.15 relating to parking 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. Murphy recommended amendments to the ordinance which would allow the council to set parking time limits in public parking lots by resolution and meal Seward City Code § 11. 15.125 which set parking limits for small boat harbor parking lots. She informed the Council that there was a motion for enactment of the ordinance (without amendments) on the floor. MOTION (Anderson /King) Amend Section 2 by adding the words "in public parking lots and" between "for parking" and "on designated streets" in the first sentence and by adding "public park- ing lots," before the word "streets" in the second sentence; amend Section 1 to read, "SCC §11.15.090, Parking prohibited over 24 hours, is hereby repealed. "; and add a City of Seward, Alaska City Council Minutes March 11 1996 Volume 32, Page 78 new Section 3 to repeal SCC §11.15.125 which set parking limits in Small Boat Harbor parking lots. Klinkner noted that, with the repeal of §11.15.125, there would be no parking time limits in the Small Boat Harbor parking lots until Council approved a resolution setting those time limits. Deeter questioned approval of parking time limits by resolution rather than ordinance since the regulations would be enforced by penalty. Klinkner replied that the adoption of authority for the council to set time limits was in order because it was an administrative, not legislative matter. VOTE ON AMENDMENT Motion Passed. VOTE ON ORDINANCE AS AMENDED Motion Passed. Unanimous YES: Anderson, Bencardino, Crane, Keil, King, Sieminski NO: Deeter PRESENTATIONS WITH PRIOR NOTICE ONLY Mon ft Se^i ife Center Status Repor Darryl Schaefermeyer, Project Administrator, stated that the project had received AIDEA approval and requests for bids on construction of the ASLC would be published over the next six weeks. He reported on the status of the bridge financing package and fund raising efforts. He stated that $2,251,000 had been received in pledges and $250,000 had been received in cash. He reported that a grant proposal was submitted to the Kresge Foundation and other private foundations. He stated that the next 45 days would be spent preparing the financing package for bonding and preparation of the bid documents. He expressed appreciation to Garzini for his help in acquiring approval from AIDEA. ORDINANCES FOR INTRODUCTION Ordinance No. 96-12 amending Seward City Code Section 2.10.055, Agenda, and Section 2.10.070, Addressing the council by the public. MOTION (Anderson/Crane) Introduce Ordinance No. 96-12 and set for public hearing on March 18, 1996. Murphy recommended a technical amendment to Section 2. City of Seward, Alaska City Council Minutes March 11, 1996 Volume 32 Page 79 MOTION (Crane /Anderson) Motion Passed. Amend Section 2, second sentence, to read, "Section 2.10.070A is amended to read as follows:" YES: Anderson, Bencardino, Crane, Deeter, Keil, King NO: Sieminski In answer to a question from Keil, Murphy stated that the ordinance would remove the agenda from the City Code and allow the Council to set the agenda by resolution as part of its rules of procedure. She also noted that the council would set time limits for public discussion by resolution and provide reasonable opportunity for the public to be heard in accordance with AS 29.20.020 and City Charter Section 3.5(G). VOTE ON INTRODUCTION OF ORDINANCE AS AMENDED Motion Passed. Unanimous Ordinance No. 96-13 exempting uses in the Harbor Commercial Zoning District from parking requirements MOTION (Crane/Keil) Introduce Ordinance No. 96 -13 and set public hearing for March 18, 1996; Anderson objected to the exemption and stated that it would add to the City's parking problems. She stated that certain businesses had already arranged to provide parking at a substantial cost and it was not fair to allow other businesses to expand without providing parking. She stated that the City needed to develop a transportation plan. King reviewed the history of the parking assessments enacted by the Council in 1994. He stated that his intention was to reinstate the original code language exempting the harbor businesses from parking requirements and starting over at "square one" to address the parking problem after the 1996 summer season. Garzini supported the exemption as long as the Council committed to a funding source to provide public parking. He stated that the visitors and users of the harbor, not the local residents, should bear the burden of the expense of providing for public parking. Keil agreed that the City needed a transportation plan. Sieminski stated that he could not support the ordinance and recommended review by the Planning and Zoning Commission. Crane WE City of Seward, Alaska Chy Council Minutes March 11 1996 Volume 32, Page 80 supported the administration's comments on funding commitment and development of a future transportation plan. VOTE ON MOTION Motion Passed. YES: Bencardino, Crane, Deeter, Keil, King NO: Anderson, Sieminski Ordinance No. 96 -14 amending Seward City Code Section 3.45.050 D. to allow for the donation of annual leave from one employee to another MOTION (Crane /Deeter) Introduce Ordinance No. 96 -14 and set public hearing for March 18, 1996; MOTION (Crane /Keil) Motion Passed. Amend Section 1, §3.45.050D, second sen- tence, to read: "The value of donated annual leave time will be computed at the regular rate of pay of the donating em- ployee and converted into hours of equal value based upon the regular rate of pay of the receiving employee." Unanimous VOTE ON INTRODUCTION OF ORDINANCE AS AMENDED Motion Passed. Unanimous RESOLUTIONS Resolution No. 96 -025 designating paid parking lots in the Small Boat Harbor, providing for paid parking permits and authorizing the issuance of a request for proposals for parking management and enforcement MOTION (Anderson/Sieminski) MOTION (Anderson/Sieminski) Motion Failed. Approve Resolution No. 96 -025 Amend Section 3 by changing the date from May to July. YES: Anderson, Sieminski City of Seward, Alaska City Council Minutes March 11, 1996 Volume 32 Page 81 MOTION (Sieminski/Anderson) Amend Section 1 by deleting "defined as the two paved lots located between Third and Fourth Avenues as follows: (1) the south lot located between the Fish Ditch and South Harbor Road, and (ii) the north lot located between North Harbor Road and Port Avenue," Garzini explained that there was insufficient time for the administration to issue the RFP, receive and review proposals, and recommend to the Council award of a contract to be implemented May 1. Sieminski stated that the City should advertise for proposals now. Garzini stressed the importance of good faith dealing with the proposers, and he preferred support by a majority of council prior to issuing an RFP. VOTE ON AMENDMENT Motion Failed. VOTE ON MAIN MOTION Motion Failed. YES: Anderson, Sieminski NO: Bencardino, Crane, Deeter, Keil, King YES: Anderson NO: Bencardino, Crane, Deeter, Keil, King, Sieminski Resolution No. 96-128 authorizing a donation to the Kenai Peninsula Borough Economic Development District MOTION (Crane /Anderson) MOTION (Anderson/Deeter) Motion Passed. Approve Resolution No. 96 -028 Amend Section 1 by changing the amount of the donation to $500 and delete Section 2 in its entirety. Unanimous VOTE ON MOTION TO APPROVE THE RESOLUTION AS AMENDED City of Seward, Alaska City Council Minutes March 11 1996 Volume 32, Page 82 Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Kell, Sieminski NO: King Resolution No. 96-030 approving change orders to the METCO contracts for snow removal at Nash Road and Lowell Point Road and appropriating funds MOTION (Anderson/Deeter) Approve Resolution No. 96 -030 In answer to a question from Sieminski, Calvert stated that the city had exhausted its funding for snow removal and there were insufficient funds to transfer within the city budget. VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Keil, King NO: Sieminski Resolution No. 96 -031 approving the purchase of certain pump -out equipment and a mobile vacuum tank without full utilization of city bid procedures MOTION (Crane /Keil) Approve Resolution No. 96 -031 Crane stated that he would support the resolution since grant funds would be used to purchase pumper equipment for city use and added that the purchased equipment would not be used in competition with a private local business as proposed last year. Garzini stated that the City needed the pumper equipment to perform needed work in the harbor. VOTE ON MOTION Motion Passed. Unanimous RECESS: The Council recessed at 9:14 p.m. and reconvened at 9:23 p.m. Resolution No. 96 -033 approving the termination of Lease No. 75 -010 and Amendment No. 1 to Lease No. 67 -038, combining the leases of the Breeze Inn Motel and Restaurant into one lease document MOTION (Deeter /Crane) Approve Resolution No. 96 -033 City of Seward, Alaska City Councii Minutes March 11, 1996 Volume 32 Page 83 Anderson asked how combining the leases would impact the other harbor businesses and the small boat harbor master plan. Garaini stated that Mindenbergs had sublet the property adjacent to the hotel with an option to purchase in order to provide sufficient parking Martin reminded the Council that it had consented to the replat of the three lots into one lot and the two leases into one lease contingent upon agreement from the lessee that he agreed to bear the costs and bring the lease into the five year appraisal cycle. In answer to a concern raised by Sieminski, he explained that the lessee had a right to request a separate appraisal in accordance with city lease procedures. VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Keil, King NO: Sieminski UNFINISHED BUSINESS (Items postponed from February 26, 1996, meeting) Resolution No. 96 -017 calling a special election to be held on Tuesday, May 21, 1996, for the purpose of authorizing the sale of general obligation bonds or lease obligations for capital facilities construction and to authorize the transfer of assets and liabilities from Seward General Hospital to Providence Alaska Medical Center Murphy noted that there was a motion for approval on the floor. MOTION (Anderson / Deeter) Motion Passed. Postpone until March 18, 1996. Unanimous Resolution No. 96 -026 approving the City Council agenda format Murphy noted that there was a motion for approval on the floor and she recommended defeat of the resolution. Motion Failed. Unanimous NEW BUSINESS c;3' y City of Seward, Alaska City Council Minutes March 11 1996 Volume 32, Page 84 Garzini stated that Crane, Yanez, Klinkner and he had met with Providence officials to begin structuring an agreement for presentation to the Council and eventual ratification by the voters. He stated that Providence CFA Doug Bruce planned to present a detailed proposal to the Council on the 18th, and the City planned to hold a meeting in the near future to take public testimony on the proposal. He noted that the City would then relay the community's interest to the Providence Board by April 10 or 11, prior to it's scheduled meeting on April 14. Klinkner and Murphy clarified the time lines for the special election and requirements for preclearance of the special election with the Department of Justice. Garzini stated that a special meeting was planned for March 26 to consider a resolution approving the Providence proposal, and a special meeting would be scheduled the week of April 15 to call the election. Garzini explained that the negotiations were focused on the original policy on the hospital transfer. Crane suggested public notification of each meeting and the time lines on the hospital transfer. Hospital Generator Sieminski stated that the City should either repair or donate the hospital's hydro- electric generator. Garzini suggested providing a report to Council on the history and status of the generator. CITY MANAGER REPORTS GARZINI stated that the budget work session was scheduled for March 18 to give Council an overview of upcoming needs and to receive policy guidance. He updated the Council on the status of the sawmill and stated that he planned to advertise for proposals to determine if there was interest in the mill. He noted that he was working on an agreement with Seward Forest Products which would be finalized prior to advertising for proposals. GARZINIreported on that the Governor's $700 Million STIP proposal only included $1 Million for the Seward area and this was targeted to maintain and upgrade Seward Highway Mile 0 -3. He reported no docks were included in the proposal, and it was unfortunate that the dock expansion proposal did not receive funding. He noted that $60 million had been designated for trails. He encouraged the Council to present ideas for dock funding and to participate in the lobbying process. COUNCIL DISCUSSION KEIL stated that the youth center grand opening was well attended and commended the youth advisory board. She also commended the harbor and public works departments for their snow removal efforts. City of Seward, Alaska City Council Minutes March 11, 1996 Volume 32 Page 85 KING reported on the March 6 Planning and Zoning Commission meeting. He stated that public hearings were held on the flood hazard mitigation plan and the proposed cemetery plan' however, the meeting was lightly attended by the public. He noted that the administration had distributed a proposed draft RFP for a property development plan for the City's vacant lands. He congratulated SAAMS for its accomplishment in proceeding with the bid process on the SeaLife Center. He thanked Dave Squires and Kerry Martin for attending a meeting with bed and breakfast operators to review city requirements and regulations for lodging establishments. S 12�11NSKIasked about a report on his suggestion to reduce utility rates for hotels and restaurants during the winter months and an answer to Robin Dykstra's comments at the last council meeting regarding the city's bid process. He noted that he had received complaints from local businesses about tour buses parking in front of their stores. He also asked for a report on the effects of a seasonal sales tax and /or elimination of taxes on utilities. DEETERstated that the youth center was well attended and he was glad to see a high level of participation. He congratulated SAAMS on the progress made on the SeaLife Center. CRANE also congratulated SAAMS and the youth. ANDERSON thanked Pat Williams for providing a historical overview of the Seward utilities. She encouraged the public to comment on the Providence plan and hospital transfer at the March 26 meeting. She voiced her disappointed that Council had not addressed or funded parking management. BENCARDINOstated that Green Star would hold a workshop on recycling in the Council Chambers on March 18. He informed everyone that he had attended and had a good time at the Mayor's Cup Dog Sled races and had agreed to participate next year. He stated that the youth center ribbon cutting ceremony was a success and the youth were very active and having a good time. He reported on the Municipal Coalition meeting held in Soldotna. He stated that discussion included proposed changes to property and sales tax regulations. In answer to a question from BENCARDINO about the unsafe buildings owned by the city, Gaczini stated that he and Klinkner were working on a plan to notify former owners of possible demolition of the buildings. CITIZENS' DISCUSSION DENNIS LODGE, 423 Lancelot Drive, RCAC Representative, informed the Council of the Governor's plan to eliminate the DEC budget for nearshore oil spill response. He outlined the history of funding for oil spill response for local communities. He urged the community and Council to contact the legislature or, this issue. SHIRLEY MASSEY, Olympia Drive, stated that she was a Clinic employee and a community member. She stated that there were certain items in the Providence outline that were disturbing to her including a singl: health care center to provide all medical care under one 0 r� City of Seward, Alaska City Council Minutes March 11, 1996 Volume 32, Page 86 facility. She stated that the recommendation for two physicians and two mid -level practitioners put a burden on those employees scheduled for on -call emergency room response. She also stated that there was no mention of an inpatient facility to provide long -term health care. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Anderson replied to Massey that the Council intent was to assure the community that an adequate health care system was provided. She stated that the City would provide on -going financial assistance to ensure adequate facilities which would include inpatient rooms. She finally noted that a number of issues were under discussion, but nothing had been finalized. ADJOURNMENT The meeting was adjourned at 10:34 p.m.. xtrj h urpliy, CIAC / kouis A. encardino Mayor (City Seal) t) M Mi yl a � City of Seward, Alaska City Council Minutes March 18 1996 Volume 32, Page 86 CALL TO ORDER The March 18, 1996, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL r t .t City of Seward, Alaska City Council Minutes March 18, 1996 V"11 a 32, P , - 87 There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk CITIZENS' COMMENTS I STU CLARK, 1129 Cliff View Place, addressed several issues related to proposed t Ordinance No. 96-1 rezoning part of Blocks 9 and 10, Federal Addition and three lots in L Oceanview Subdivision No. 10, to Auto Commercial. He objected to the rezone because it would allow the intrusion of commercial activities in a residential neighborhood. He stated that this action should be reviewed by the Planning & Zoning Commission rather than be addressed directly by the City Council. He further objected to ignoring the Comprehensive Plan. He requested removal from the consent agenda and postponement until after review by the Planning Commission. JONATHAN SEWALL, Dimond Boulevard, voiced concern that the Council uphold its fiduciary responsibility to current Seward General Hospital employees, especially accrued benefits of employees. Items other than those appearing on the agenda None. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson /Crane) Approve the Agenda and Consent Agenda Anderson moved Ordinance No. 96 -15 to the regular meeting agenda. Garzini added to the consent agenda, New Business Item B, Request by Bay Traders to combine Lots 1 and 2, Block 1, Marina Subdivision. ry � City of Seward, Alaska City Council Minutes March 18 1996 Volume 32, Page 88 VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: The March 11, 1996, regular meeting minutes were approved as written; Resolution No. 96 -036 formally naming certain city streets, was approved; and Purchase Order Report for 12/06/95 through 02/09/96 was noted for information. BOROUGH ASSEMBLY REPORT Kenai Peninsula Borough Assembly Member Mike Wiley gave a verbal report of the upcoming assembly meeting on March 19. The Council discussed health care and tax issues with Wiley. SPECIAL ORDERS AND PUBLIC HEARINGS Presentation of Proclamations naming March 25 1996 Seward Historic Preservation Day and recognizing recipients of the first annual Seward Historic Preservation Award Mayor Bencardino proclaimed Monday, March 25, 1996, Seward's Day, as Seward Historic Preservation Day. He noted that Mary J. Barry, Virginia H. Darling, Margaret (Jackie) Deck and Billy Jack Johnson were the recipients of the first Historic Preservation Award. Dan Seavey, on behalf of the Historic Preservation Commission, thanked the Council for its support and recognition of historic preservation in the community. He gave an overview of the history related to the award recipients as follows: Mary Barry wrote three volumes of history on Seward; Virginia Darling, local historian and daughter of one of the original members of the Seward founding party, was responsible for ensuring the placement of the Brown & Hawkins Building on the Historic Register; Margaret (Jackie) Deck, community librarian from 1962 to her retirement in 1989, , organized several photo collections, collected, indexed and microfilmed Seward's history, and hosted the earthquake film to visitors each summer. Billy Blackjack Johnson, resident of the Jesse Lee Home orphanage from 1927 to 1937, worked to preserve the history and the structure of the Jesse Lee Home. Seavey stated that it was an honor to present the awards, and he showed the award plaques that would be placed in City Hall for viewing by the public. Ordinance No. 96 -12 amending Seward City Code Section 2.10.055, Agenda, and Section 2.10.070, Addressing the Council by the Public Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one spoke in order to be heard, and the public hearing was closed. 011) City of Seward, Alaska City Council Minutes March 18, 1996 Volume 32, Pa a 89 MOTION (Crane/Keil) Enact Ordinance No. 96 -12 Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Keil NO: King, Sieminski Ordinance No 96 -13 amending Seward City Code Section 15.10.215 A. to provide an off street parking exception in the Harbor Commercial District Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one spoke in order to be heard, and the public hearing was closed. MOTION (Crane/Deeter) Enact Ordinance No. 96 -13 Anderson objected to the ordinance because it added to the city's parking problems. King gave a brief overview of the history related to the ordinance and stated that this code provision was being reinstated as a housekeeping measure due to the repeal of the parking assessments. Garzini supported the ordinance and stated the parking in the harbor lots should be provided by the public sector rather than private businesses. He added that he appreciated Anderson's comments. Motion Passed. YES: Bencardino, Crane, Deeter, Keil, King NO: Anderson, Sieminski Ordinance No. 96 -14 amending Seward City Code Section 3.45.050 D. to allow for the donation of annual leave from one employee to another Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one spoke in order to be heard, and the public hearing was closed. MOTION (Anderson/Keil) Motion Passed. Enact Ordinance No. 96 -14 Unanimous Resolution No. 96 -035 approving a one -year lease with Donna Marek and Terry F. Lee, dba Alaskan Nibbles and Chips, for a parcel of land within Block 6, Oceanview Subdivision Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one spoke in order to be heard, and the public hearing was closed. ark City of Seward, Alaska City Council Minutes March 18 1996 Volume 32, Page 90 MOTION (Anderson /Crane) Approve Resolution No. 96 -035 Garzini stated that this was the only proposal received for this parcel of land, it would be leased for one year, and the City would seek proposals for city lands the following year. Motion Passed. Unanimous Resolution No 96 -039 adopting the Flood Hazard Mitigation Plan and authorizing the City Manager to forward the Plan to the Alaska Department of Emergency Services Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one spoke in order to be heard, and the public hearing was closed. MOTION (Keil/King) Approve Resolution No 96 -039 Garzini stated that approval would allow the City to apply for grant funds to assist in flood mitigation efforts. Motion Passed. Unanimous RECESS: The Council recessed at 8:10 p.m. and reconvened at 8:12 p.m. PRESENTATIONS WITH PRIOR NOTICE ONLY Doug Bruce Providence Alaska Medical Center Chief Executive Officer - Proposal for transfer of hospital operations to Providence DOUG BRUCE, CEO, introduced Dave Hennigan, CFO; Jim McElroy, Boardmember; Dr. Aron Wolf, Quality Management and Medical Affairs; Dale Bailey, Nursing Care; Leissa Wright, Human Resources and Tim Cavanaugh, Operations Administrator. He gave an overview of the Providence Health Care System. He gave special recognition to Mayor Bencardino, Councilmember Anderson, City Manager Garzini, Interim Hospital Administrator Yanez and Richard Zitzow for a positive working relationship. Bruce presented a proposal to ensure quality medical services for Seward through a partnership. He explained that the new vision of health care for Seward would include the following: Mission and values. The purpose is to serve the needs of citizens throughout the state on a not - for -profit status. The core values include respect, compassion, excellence and justice. Providence respects the values and beliefs of all faiths. All funds stay in Alaska and are returned to the State for health care. All funds generated in Seward would be used for health care in the community. Providence plans to use a new model of integrated health care with the goal of keeping people healthy through City of Seward, Alaska City Council Minutes March 18, 1996 Volume 32, Page 91 health promotion, preventive care, home care, assisted living, hospital care, extended care, specialty care and primary care. The goal is to deliver care and reduce hospital visits. Providence further proposes to provide a health center offering access to the highest quality health services delivered safely, economically and conveniently. Doctors. Family practitioners would serve the clinic and emergency room, provide round -the clock service, serve the needs of Wesley residents and continue with specialty clinics. Providence would continue recruitment and provide rotation coverage of physicians. Further, Providence would be accountable for the supply credentialling and quality of physicians. Health Services. The goal is to provide ambulatory and primary medical and health care needs locally through an appropriate mix of physicians and mid level practitioners and to provide an 800 contact number for a professional nurse advice line. The emergency room will be equipped and staffed to accommodate all levels and types of emergencies with a short stay capability area. Teleradiology service on a 24 hour, 7- day per week basis is planned in addition to existing lab and x -ray services. Physical therapy and home health care services will be expanded. Health Center facility. The goal is to build a new facility in the future in cooperation with the City on the existing site and demolish the existing facility. The new central health care facility would be available to house other providers on a shared basis. The facility would contain a mix of family and mid -level practitioners, nurses, on -site housekeeping and maintenance and other health care professionals. The Business Administration would be handled in Anchorage but treated as if it existed in Seward. Funding. Providence plans to be self - sustaining in about two years and would be responsible for equipment, operations, services, and accountable for capital associated with operations. Education and communications. Providence would provide health education classes in which employees, medical staff and other health providers would be welcome to participate. Continuing education would be provided for Providence Seward physicians and employees. Public relations would be supported through services brochures and an image campaign to highlight the new relationship. Potential community partners would be other health related providers and agencies, native organizations, churches and businesses. Commitment to Seward. Providence would make a long -term commitment to state - of -the -art medical services including prevention, outpatient, short stay capability, emergency care, specialty clinics and accountability for quality through an integrated health system for continuing care. Providence would also reduce overall health care resource costs and relieve the City government of day -to -day health care responsibil- ity and liability. The Board of Directors would delegate key local governance City of Seward, Alaska City Council Minutes M arch 18 1996 Volume 32, Page 92 responsibility to regional Service area boards. Seward would be represented by three members on the Alaska Service Area Advisory Committee with one member to serve on the Alaska Service Area Community Board which has key governance responsibility. A Seward Consumer Panel would be responsible for needs assessment, goal setting and feedback. Deeter asked about the plans for current hospital employees. Bruce replied that Providence would employ 25 people, and every effort would be made to recruit current employees who met Providence criteria. The exact number could not be determined until further analysis was done. In answer to a question from Anderson, Dr. Wolf explained the credentialing procedure which was similar to credentialing at Seward General Hospital. He stated that credentials were reviewed by each department head prior to approval every two years. King asked about providing an acute care facility as opposed to a full scale hospital. Bruce stated that the best facility for the community was the proposal just presented. He stated that more primary care was expected in Seward, and he ensured that the same adequate care would be provided to the community as that provided to Anchorage citizens. He also stated that the State of Alaska was interested in the proposed model of health care to determine if it would work throughout Alaska. Dr. Wolf stated that there were three or four practitioners interested in practicing in Seward for many years. He stated that the physicians would commit to living in the community for five years. In answer to a question from Anderson, Wolf stated that OB care would not be offered locally because of the need for a perinatologist and anesthesiologist. He stated that the plan for regular OB was to provide service between the physicians associated with Providence and a perinatologist and anesthesiologist. He noted that the patient could stay at Providence House or another medical facility and deliver in Anchorage where specialists were available. Bruce explained the 72 hour facility stating that Providence would meet the needs of Seward residents with the utmost appropriate care based on needed medical requirements. Garzini presented the terms and conditions of the proposal. He reminded everyone that the proposal met the goal set forth by the public in the community survey taken at the last election. He stated that approximately $7 million would be invested by the City through the one percent sales tax currently received by the hospital, and the Bond to be voted on at the special election to fund the facility would be paid over the next 16 years. He noted that Providence would assume responsibility as of July 1, operate the facility on behalf of the city until the new building was built, then assume complete responsibility for operations. He added that, when the facility was completed, the City would make only debt payments on the Bond and pay the existing PERS liability. Garzini added that a public hearing would be held on March 26, the Providence Board would address the proposal on April 10 and 11 and Council could confirm the May 21 election date at a special meeting to be held April 15. He noted that the City would contribute the one percent sales tax from July 1 until completion and ceremonial transfer of the new building City of Seward, Alaska City Council Minutes March 18, 1996 Volume 32, Page 93 In answer to a question from King, Bruce replied that the Providence Board was fulling committed once it entered into an agreement. RECESS: The Council recessed at 9:12 p.m. and reconvened at 9:22 p.m. Dan Claugus - Jesse Lee Home (JLH) Presentation Dan Claugus stated that he had a contract to sell the JLH and was trying to convert it to a multi -use facility. He stated that he agreed to purchase the real property under terms presented to the city manager. He read about the history of the JLH and supported preservation. He reported that he was willing to commit the funds and staff if the city would assist by rezoning the property, developing a traffic plan to provide secondary access and forgiving the outstanding assessments on the property. He stated that this project could benefit the entire community. He noted that he was considering moving his import/export business to Seward if the project was successful. Garzini stated that the outstanding city assessments could pose a substantial barrier to a new owner. He discussed the possibility of the City waiving assessments and charges in return for development of the JLH. He supported entering into a contract to suspend the fees and, upon completion of the project, to waive all outstanding debts on the property. Claugus stated that he was willing to return the third building to its original state as much as possible and possibly build senior housing as the second phase of the project. Bencardino favored renovation if original flavor could be retained. He supported moving forward with project. Garzini recommended committing to situation. Council favored moving forward and seeing development plan. Public hearing to be scheduled before P & Z on April 3rd. ORDINANCES FOR INTRODUCTION Ordinance No. 96-15 amending the Seward Land Use Plan and Zoning for Federal Addition, Block 9, Lots 1 -2; Federal Addition, Block 10, Lot 12; and Oceanview Subdivision No. 10, Lots 5A, 9A and 11A King stated that he had a possible conflict of interest as the owner of a lodging establishment which would be in direct competition with a new lodging facility. Mayor Bencardino ruled that no conflict existed. There was no objection from the Council. MOTION (Crane/Bencardino) Introduce Ordinance No. 96 -15 and set public hearing on April 8, 1996. Garzini stated Mr. Meehan had presented a proposal to build a new lodging business on the noted property since he had lost his prior business due to the flood. He stated that this ordinance was being introduced at a special meeting in order to allow as much time as possible for construction �+ on the project. M A City of Seward, Alaska City Council Minutes March 18 1996 Volume 32, Page 94 Anderson voiced concern with the rezone since it bordered a park area. She objected to introduction prior to review by the Planning Commission. Sieminski favored using the proper procedure to refer to the Planning Commission for a recommendation. Garzini stated that the Council Rules of Procedure stated that the Administration must submit a rezoning application to the Planning Commission but the Council could act on rezoning without Commission review. MOTION (Anderson /Sieminski) Postpone introduction until April 8, 1996. Crane opposed postponement when the Council had just agreed to fast track the Jesse Lee Home project. Deeter agreed. VOTE ON MOTION Motion Failed. VOTE ON MAIN MOTION Motion Passed. RESOLUTIONS YES: Anderson, Sieminski NO: Bencardino, Crane, Deeter, Keil, King YES: Bencardino, Crane, Deeter, Keil, King NO: Anderson, Sieminski Resolution No. 96 -037 approving the City Council Agenda Format and regulations governing public participation in City Council meetings MOTION (Crane/Deeter) Approv Resolution No. 96 -037 Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Keil NO: King, Sieminski Resolution No. 96 -038 appropriating funds for the newly established parking revenue fund MOTION (Crane /Anderson) Approv Resolution No. 96 -038 Finance Director Gifford explained that the funds would be appropriated from parking ticket revenues, and the fund would experience a net loss of $24,874 as a debt to the general fund. Anderson noted that the Council still needed to set the parking time limits. Garzini added that this would provide for maintenance to the lots such as striping and cleaning. King and Crane were concerned with the creation of ill will to the public resulting from parking tickets and the loss from �I City of Seward, Alaska March I City Council Minutes Volume 32, n--- 95 excess expenses over revenues. Garzini stated that city had an obligation to maintain the parking lots. MOTION (Anderson/Keil) Motion Passed. UNFINISHED BUSINESS Postpone until April 8, 1996. YES: Anderson, Bencardino, Crane, Deeter, Keil, NO: King, Sieminski Resolution No 96 -017 calling a special election to be held on Tuesday, May 21, 1996, for the purpose of authorizing the sale of General Obligation Bonds or Lease Obligations for capital facilities construction and to authorize the transfer of assets and liabilities from Seward General Hospital to Providence Alaska Medical Center Murphy noted that there was a motion for approval on the floor. She requested that the Council set a firm date in order to provide sufficient time to preclear the special election with the Department of Justice. Motion Passed. NEW BUSINESS Unanimous. Request by Bay Traders, Inc. to replat Lots 1 and 2, Block 1, Marina Subdivision. The Council referred the request for replat to the Planning and Zoning Commission without objection. CITY MANAGER REPORTS None. COUNCIL DISCUSSION Anderson thanked the Providence Group for their presentation. Bencardino stated that a group of Koreans were present in the city to prepare a video; and they had visited the gift shops, toured Resurrection Bay on a charter boat and met with him to view a Seward video. He thanked Providence for its presentation. CITIZENS' DISCUSSION STU CLARK, 1129 Cliff View Place, suggested that the Council change the Land Use Table to permit lodging businesses in the office residential areas by conditional use permit rather im City of Seward, Alaska City Council Minutes V olume 32, Page 96 March 18 1 996 than rezone the property. He also suggested that Mr. Claugus prepare as much information as possible for Planning and Zoning Commission review. DITA DE BOER, Mile 6, Seward Highway, addressed the transfer of the hospital and clinic status. She stated that the employees were an important asset to the clinic, and moving the business office to Anchorage would result in the loss of up to 12 jobs. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS KEI L stated that not all business services would be moved to Anchorage. ADJOURNMENT The meeting was adjourned at 10:35 p.m. ' 41ui hy, CMC AAE uis A. encardino Mayor City r d City, of Seward, Alaska City Council Minutes Volume 32 Page 96 ":tfargb 2 6 4906 CALL TO ORDER The March 26, 1996, special meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Councilmember Sieminski led the pledge of allegiance to the flag. ROLL CALL There were present. Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane (arrived at 8:50 p.m.) n,: City of Seward, Alaska City Council Minutes March 26, 1996 Volume 32, Page 97 Darrell Deeter Marianna Keil Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk Absent was: Jerry King - excused CITIZENS' COMMENTS Agenda items not scheduled for public hearing None. APPROVAL OF SPECIAL MEETING AGENDA MOTION (Anderson/Deeter) Approve the Special Meeting Agenda. Motion Passed. Unanimous SPECIAL ORDERS AND PUBLIC HEARINGS Resolution No. 96 -040, accepting the terms and conditions of the proposed alliance between Sisters of Providence in Washington, dba Providence Alaska Medical Center, and Seward General Hospital, and urging approval by the Sisters of Providence Board of Directors . Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. City Clerk Murphy testified on behalf of BEVERLY DUNHAM, Dimond and Alder, who was unable to attend the meeting. She stated that she had been treated with care, kindness and concern while in the hospital. She noted that, when she was on the Council, she supported the employees but she favored City control of the hospital. She noted that the Providence proposal was the solution to continuation of a hospital in Seward. She stated that, when the hospital purchased the clinic, it should have merged the business offices and reduced staff in order to save money. In addition, physician recruitment for long -term physicians was unsuccessful. She noted that Providence, with its excellent reputation, would bring doctors who committed to stay at least three years, would provide training and be able to cut costs through purchase of supplies at quantity prices, M City of Seward, Alaska City Council Minutes March 26, 1996 Volume 32, Page 98 JEAN CRIPPS, 426 Second Avenue, voiced concern that the proposed health care system would encompass all health services as a single entity. She asked how private medical services and the prison would fit into the scenario. She requested a copy of the Catholic health care policies. She asked about the availability of several exhibits that were absent from the final document. She also voiced concern that the location of the ambulance entry and emergency room would be in an area that could flood as a result of the possible failure of the Lowell Tunnel. She disagreed with the 72 -hour limit on the beds, and she stated that a minimum of six to eight beds should be available to inpatients. DON CRIPPS, 426 Second Avenue, objected to the resolution because the terms and conditions were not complete enough to make an informed decision. He stated that the public was being asked to commit $7 million and the one percent sales tax to the project and had a right to review the entire document. NANCY FISHER, Mile .5, Resurrection Road, stated that the proposal as presented was unacceptable. BILL HEARN, 416 Fourth, Avenue, No. 4, stated that the lack of an inpatient facility could contribute to the demise of Seward. He stated that the existence of an inpatient facility would benefit patients because loved ones could visit on a regular basis without much trouble as opposed to being required to drive to Anchorage to visit. He further stated that it was imperative and sensible to provide an inpatient facility at least until after the opening of the Alaska SeaLife Center. DAN CAMPBELL, 2600 Birch Street, stated that the hospital had survived through lean times before, and he objected to the proposal offered by Providence. He stated that, if the hospital were converted into a clinic type setting, it would not serve the best interest of the citizens. He finally stated that the hospital employees had always shown the highest degree of concern for patients. JIM DAUBNEY, Mile 6.5 Seward Highway, reiterated that the proposal contained insufficient information to answer many concerns. He stated that Seward deserved an acute care facility, and he urged the Council to explore alternate viable options. He informed the Council that the hospital consisted of a core of dedicated, well educated providers who worked hard for and cared about the citizens. PAT ROWE, 327 Second Avenue, was also concerned that the proposal did not provide sufficient information or meet the needs of the citizens. She discussed the proposed financing of the project and the transfer of the property and assets to Providence. She outlined criteria for operations which had not been followed in the proposal. MARY O'HOLLAREN, 218 Marathon, asked about the accrued leave and severance pay of employees who were laid off. She asked if re- training would be available in order for employees to meet the standards set forth by Providence. City of Seward, AWka City Council Minutes March 26, 1996 Volume 32, Page 99 PHIL CURTIS, 2521 Dimond Boulevard, stated that he expected the City Council to represent the wishes of the citizens. He noted that the $7 million cost was high, and it was not sensible to cut the jobs of current employees. LOUIE MARCH, Mile 5.5 Seward Highway, encouraged the Council to allow the citizens in the Bear Creek and Moose Pass area to vote in the special election. He supported the hospital and its employees and encouraged the City to provide sufficient information to the voters which included a statement from Providence and Seward General Hospital about the pros and cons of the transfer. CHARLES BOOTH, 2406 Birch Street, cited various plans regarding the hospital in relation to flood control. He stated that the current site of the hospital was subject to flooding if the Lowell Creek Tunnel should fail. He asked what the estimated cost would be to demolish the current building. DAVID BUTTS, Mile .5 Resurrection Road, stated that, as a former Hospital boardmember, he had watched the problems of the hospital magnify, especially the financial situation. He stated that the City had no money to make needed renovations which could lead to closure of the hospital. He commended the Council, Administration and Providence for the progress made on the transfer. He noted that the public had favored Providence as a result of a community survey taken at the last regular election, and he supported the proposal. He further noted that Providence was sincere and cared about the community. INA HAWKINS, 1003 Third Avenue, spoke concerning the elderly patients who needed hospital care. She asked if they would be allowed to stay in the hospital beyond 72 hours or would be transported elsewhere for further care. DIANE HODGES, 1031 Second Avenue, stated that she cared for elderly patients and was concerned about them being moved to Anchorage rather than being allowed to stay in Seward. She objected to the proposal and using the one percent sales tax. JIM BARNETT, Attorney, 110 Prospect Drive, representing Alaska Regional Hospital, stated that he respected Providence and had empathy for the decision currently before the Council. He distributed a packet of information about Alaska Regional to the Council and gave an overview of the care and service that was provided. He advised the Council and city manager that Alaska Regional would like an opportunity to participate in a competitive process rather than see a sole source proposal. He stated that the results of the survey could be interpreted in many ways. He also stated that, if Alaska Regional, a private company, were allowed to provide a proposal that was acceptable, the City would receive revenues from taxes. He further suggested that all details of the proposal should be clarified prior to a vote. MARK ANDERSON, 230 First Avenue, asked why the Council did not seek proposals for hospital operations. He stated that the consultants had recommended keeping acute care beds which was not included in the proposals. City of Seward, Alaska City Council Minutes March 26, 1996 Volume 32, Page 100 BETH DEETER, 2409 Evergreen, stated that she had received excellent care when her daughter was born but it was time to face facts and address the problems of the hospital because the City was losing too much money. ROGER SWENSON, Mile 7 Seward Highway, stated that Seward was a growing community and needed a hospital. He noted that operation by Brim Healthcare had resulted in many hospital problems, however it was premature to approve the proposal at this time, and he favored exploring other options. DENNIS WHEELER, Mile 6, member of the Wesley Rehab Board, stated that he had reviewed this issue over the past year. He noted that it was important to work together so that clients and patients were best served. He stated that Wesley had made a proposal and conveyed to the City that it was interested in working with the new operator. He stated that Wesley could not continue to operate without the hospital, including emergency and acute care beds for patients. TINA ENSEY, Woodland Bills, Physical Therapist, agreed that something needed to be done to address the problems. She disagreed with entering into an agreement with Providence without using the competitive process. She also reiterated that details were missing from the proposal. She stated that it was a mistake to eliminate acute care beds and asked what process would be used after a patient had been in the hospital for 72 hours. No one else spoke in order to be heard, and the public hearing was closed. RECESS: The meeting recessed at 8:20 p.m. and reconvened at 8:29 p.m. JANET OATES, Providence: Director of Marketing and Government Relations, stated that Providence had been honored to submit the proposal that was requested by the City. In answer to some of the questions posed by the public, she stated that the belief of keeping a number of inpatient beds available was antiquated, and the focus was on how to provide the best possible care in the best way to each patient. She noted some of the ways including home health care, preventive practice and education about health care. She stated that Providence planned to build a state -of -the -art system, and the State of Alaska was interested in using the system as a possible model for rural Alaskan communities. She answered that Medicaid and Medicare regulations dictated how payment was made on hospital beds. She also stated that insurance companies were promoting cost effective care on a broader basis. DR. ARON WOLF, Medical Director, explained the procedure on the 72 hour beds. He staged that the beds were needed for treatment. The short stay beds accommodated a patient whose average length of stay was 5.4 days including operating procedures, with a goal of discharge in three days. He noted that bed space was negotiable in order to accommodate Wesley patients, and each patient's stay would be determined based upon need. He stated that the main goal and focus of Providence was to keep patients in Seward. He also explained that Providence was involved in physician recruitment at this time at the City's request. He further stated that the engineers would review the building site for flood or other problems prior to construction. City of Seward, Alaska City Council Minutes March 26, 1996 Volume 32, Page 101 COLLEEN BRIDGE, Assistant Administrator, stated that she understood the needs of a small town since she grew up in a small town. She noted that Providence had helped many communities throughout the state, and it was here to help, not take over community health care. She stated that review of the information on the history of the hospital gave Providence the idea of the 72 hours beds. She summarized that the goal was to provide care and not take people out of rural Alaska. GARZINI stated that hospitals were closing throughout the country. He explained that the general obligation bond issue would total $7 million to be paid off from the one percent sales tax. He noted that payment of the one percent would continue until the building construction was completed, then it would go towards retirement of the building debt. Once the building was paid off, the funds would be redirected towards paying off the PERS debt and building maintenance. Garzini also explained that the proposal could not be completed with final figures until September but conceptually all assets would be transferred. He stated that the City would own the building. He explained that the layout of the building was not complete but the final layout would be in proper order. He stated that the City had pursued the current course of action as directed by the public as a result of the community survey done last October. KEIL stated that the Council was attempting to give the citizens a modern facility, stable doctors and a proven health care provider. MOTION (Anderson/Siernmski) Approve Resolution No. 96 -040. Anderson thanked Providence, the citizens and Mr. Barnett. She cited that the average census at Seward General Hospital was 1.2 patients per day. She stated that it was important to restore the confidence in the medical community since the survey had indicated that 50 percent of those surveyed sought health care outside of Seward. She also stated that the City had a responsibility to ensure that all benefits due were paid to employees. Bencardino stated that the hospital had experienced problems for many years, and the Council needed to act quickly to resolve the problem and ensure adequate health care for the community. Garzini stated that the terms and conditions before the Council were mainly to notify the Providence Board of the policy details, and a more detailed lease agreement would be made available 30 days prior to the election. In answer to a question from Deeter, Garzini stated that the hospital building had not met current code for a number of years. VOTE ON MOTION Motion Passed. Unanimous City of Seward, Alaska City Council Minutes March 26, 1996 Volume 32, Page 102 RESOLUTIONS Resolution No. 96 -041, approving the First Amendment to Agreement for Financing, Lease, Construction, Operation and Maintenance of the Alaska SeaLife Center MOTION (Crane /Deeter) Approve Resolution No. 96 -041 Gaizim explained that Finance Director Gifford, Don Grimes and Tom Klinkner had been working with the underwriter to attend to the details of the agreement in order to provide for non- recourse bonding. He stated that this was a procedure to ensure that the bonds were in order. Motion Passed. NEW BUSINESS Unanimous Request for Council consent to the vacation of the lot line between Lots 1 -2, Block 1, Marina Subdivision, contingent upon approval of a Lease Termination and Lease Amendment combining two existing leases. MOTION (Crane /Keil) Approve replat of Lots 1 -2, Block 1, Ma- rina Subdivision, to remove the lot fine between the lots. The administration and the city clerk clarified the process used to recommend the vacation of a lot line to the Kenai Peninsula Borough. The Council discussed the leases, appraisals and lease rates. Motion Passed. COUNCIL DISCUSSION Unanimous recommended using, rather than demolishing, the old hospital building. CITIZENS` DISCUSSION STU CLARK, 1129 Cliff View Place, reviewed the items scheduled for action at the upcoming Planning Commission meeting and encouraged the Council and the public to attend the public hearings. He commented on the proposed rezone of property in the vicinity of 5th Avenue and B Street and the Jesse Lee Home property. LOUIE MARCH, Mile 5.5 Seward Highway, discussed the proposed construction of the road to Whittier and the effect on Seward. He encouraged the Council to revisit the Nash Road Small Boat Harbor Project and bypass the Darling property. City of Seward, Alaska City Council Minutes March 26 1996 Volume 32, Page 103 JAMES KR.ASNANSKY, 536 Second Avenue, complimented the Council on approving the terms and conditions with Providence. He stated that the trend in health care was towards more home care and less hospital care. He also complimented Yanez on the job he had done as interim hospital administrator. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS GARZM replied to Clark's comments that the administration was recommending changes to the Land Uses Allowed Table, not rezone of the properties. ADJOURNMENT The meeting was adjourned at 9:53 p.m. C y Cler -- ��q (Ci sSeal) P ✓Y eR 8111111W -1—J -- City of Seward, Alaska City Council Minutes April 8, 1996 Volume 32, Page 103 CALL TO ORDER The April 8, 1996, regular meeting of the Seward City Council was called to order at 7:42 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Police Chief Walker led the pledge of allegiance to the flag. City of Seward, Alaska City Council Minutes April 8, 1996 Volume 32, Page 104 ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Thomas F. Klinkner, City Attorney Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Borough Assembly Report. Assemblymember Mike Wiley reported on the most recent assembly meeting. He stated that the assembly would be voting on an ordinance regarding zoning of the Kenai River at its next April meeting. He reviewed the proposed school district budget which included funding for replacement of the roof on the Seward High School. City Manager's Report. Garzini distributed a budget schedule and stated that the overall budget would be presented at a work session on April 15. He also distributed a report on the proposed North Forest Acres Access Road design and stated that the project cost would total about $600,000. He stated that delegates from Yochon City, South Korea, would be visiting Seward on May 21 and 22. City Attorney's Report. Klinkner reported that the Superior Court in Kenai had issued a final judgment on the Jesse Lee Home property assessments which should conclude the case. He stated that he had worked on the financing of the ASLC Project over the past few weeks. Other Reports, Announcements and Presentations. Joseph Fields - Denali Railway System. Fields requested support from the Council for a tourism - related project to develop railroad right -of -way for a passenger oriented Denali Railway System which would connect with the Alaska Railroad for year -round transportation to various destinations throughout Alaska. He noted that development of the new railway system would benefit all railbelt communities, including Seward. Fields added that the project would produce approximately 550 jobs at its peak operation. Bencardino requested that a resolution of support be added to the April 22 agenda. City of Seward, Alaska City Council Minutes April 8, 1996 Volume 32, Page 105 Stefanie Gorder - KPTMC Update. Gorder gave a brief overview of the Kenai Peninsula Marketing Council's current projects and presented each Councilmember with a packet of information including the 1996 Kenai Peninsula Travel Planner. Alaska SeaLife Center Update. Project Administrator Schaefermeyer reported that the request for bids for the construction of the ASLC had received great response, the pre -bid conference was well attended, and he anticipated receipt of between four and six bids by the April 23 bid opening. He stated that contract award was scheduled for May 7 or 8. Schaefermeyer reported that SAAMS's fund- raising efforts would continue to provide funding for capital construction and endowments to support research and other activities. In answer to a question from Crane, Leif Selkregg reported that a total of $2.25 million had been pledged and $250,000 received. He also reported on the status of various grant applications and stated that the goal was to raise $6.5 million by the end of 1996. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING MIKE WILEY, 550 Railway asked the Council to spend less on parking enforcement. He asked the Council to carefully examine the cost of the rescue vehicles for the Seward Fire Department. He also urged the Council to take positive action on the Jesse Lee Home property. I L, APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane /Anderson) Approve the Agenda and Consent Agenda. Anderson moved Ordinance No. 96 -16 and Resolution No. 96 -043 to the regular meeting agenda. Sieminski added New Business Item C., proposed funding for a football program at the high school. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Resolution No. 96 -045, approving a settlement agreement with City Electric Inc. and appropriating funds, was approved; The March 18 and 26, 1996, meeting minutes were approved as written; and Request for authorization to issue an RFP to sell the marathon hydro generator and controls was approved. City of Seward, Alaska City Council Minutes April 8, 1996 Volume 32, Page 106 PUBLIC HEARINGS Ordinances for Public Hearing and Enactment. Ordinance No. 96 -15, amending the land use plan and zoning for Lots 1 -2, Block 9, and Lot 12, Block 10, Federal Addition, and Lots 5A, 9A and 11A, Oceanview Subdivision No. 10 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. MIKE MEEHAN,708 Fifth Avenue, spoke in support of the ordinance. He stated that some of the land surrounding the area was currently zoned Auto Commercial. He noted that the property to the north was zoned Industrial and was the site of the state shop, and the property to the east was zoned Institutional and would accommodate a proposed tourist information facility for the Forest Service and the National Park Service. He added that the area was surrounded by commercial property and was appropriate for the development of a country inn. He asked the Council to approve the rezone of the property. STU CLARK, 1129 Cliff View Place, noted his objections and urged the Council to review the issue prior to voting. No one else appeared and the public hearing was closed. MOTION (Crane /King) Enact Ordinance No. 96 -15. Garzini stated that the administration had originally agreed with the Planning and Zoning Commission's recommendation (on a vote of 3 - 3) to deny the request for rezone and to allow the requested use by Conditional Use Permit by changing the Land Uses Allowed Table. However, after reviewing the property and the comments of those owning property in and around the site, he no longer objected to the requested rezone. Anderson supported rezoning the property and reviewing zoning throughout the community. Bencardino agreed. Motion Passed. Unanimous Resolutions Requiring Public Hearing. Resolution No. 96 -042, authorizing a long term lease of certain lands within Seward Marine Industrial Center to Ketchikan Pulp Company 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 April 8, 1996 Volume 32, Page 107 PAUL SLENKAMP, 706 Third Avenue, representing Ketchikan Pulp Company, reviewed the progress thus far on transporting spruce beetle kill lumber to Seward for short term storage and transport. He stated that KPC was supporting Seward through local purchases. No one else appeared and the public hearing was closed. MOTION (Anderson /Deeter) Approve Resolution No. 96 -042. In answer to a question from Anderson, Garzini stated that the fair market value was ten cents per square foot. He stated that this was a one -year favorable lease that supported transportation of timber through the port of Seward. Motion Passed. Unanimous Other Public Hearing Items. TEFRA Hearing on the proposal to issue not to exceed $17,500,000 aggregate principal amount of City of Seward Revenue Bonds, 1996 (Alaska SeaLife Center Project) for the purpose of financing a building to house a marine research, wildlife rehabilitation and public visitation facility; exterior space containing research habitat, tanks and pools; and related infrastructure Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. DON GREIAES, Coastal Securities, Financial Advisor for the City of Seward, explained that the bonds were a special obligation of the city and were similar to the bonds Council approved for the Spring Creek Correctional Center. He stated that the bonds would be repaid by SAAMS; the property, owned by the City, would be leased to SAAMS; and the City incurred no financial obligation related to the project. WILLARD DUNHAM, Dimond and Alder, stated that this was an important step towards completion of the project. He noted that over 100 bid packets had been given out and 59 proposers had attended the pre -bid conference. No one else appeared and the public hearing was closed. RECESS: The meeting recessed at 8:47 p.m. and reconvened at 8:57 p.m. UNFINISHED BUSINESS y City of Seward, Alaska City Council Minutes April 8, 1996 Volume 32, Page 108 Items Postponed from Previous Agenda. Resolution No. 96 -038, appropriating funds for the newly- established parking revenue fund. Murphy noted that there was a motion for approval on the floor and the requested amended budget had been included in the Agenda Packet. MOTION (Crane/Deeter) Motion Passed. Amend by approving the revised Parking Revenue Enterprise Fund budget by reducing enforcement staffing to one person with appropriate reductions in revenues and expenses. YES: Anderson, Bencardino, Crane, Deeter, Keil, King NO: Sieminski VOTE ON MAIN MOTION AS AMENDED Motion Passed. YES: Bencardino, Crane, Deeter, Keil NO: Anderson, King, Sieminski NEW BUSINESS Ordinances for Introduction. Ordinance No. 96 -16, amending Seward City Code Table 15.10.225, Land Uses Allowed MOTION (Crane / Deeter) Introduce Ordinance No. 96-16 and set for public hearing on April 22, 1996. Murphy noted that, with the enactment of Ordinance No. 96 -15, there was no longer any need to provide for amendments to land uses allowed in the Urban Residential (UR) Zone. She noted the administrations earlier recommendation that references to the UR Zone be deleted from Ordinance No. 96 -16. MOTION (Crane /King) Amend by deleting references to "lodging, motel, hotel, lodge, inn" in the UR zone by Conditional Use Permit. Motion Passed. Unanimous. City of Seward, Alaska City Council Minutes April 8, 1996 Volume 32, Page 109 i x VOTE ON INTRODUCTION OF ORDINANCE AS AMENDED Motion Passed. Unanimous Resolutions. Resolution No. 96 -043, establishing parking limits in the Small Boat Harbor MOTION (Anderson /Crane) Approve Resolution No. 96 -043.' Motion Passed. YES: Bencardino, Crane, Deeter, Keil, King NO: Anderson, Sieminski Resolution No. 96 -044, setting fees for the 250 -ton travelift program MOTION (Crane / Deeter) Approve Resolution No. 96 -044. Harbormaster Singleton explained that the rates were initially set with the intention of raising rates to more accurately reflect the actual cost of operating the travelift. He stated that the rates were less than a privately operated travelift located in Homer. MOTION (King /Keil) Amend Whereas Clause by changing 15% to 10 %. King supported raising the rates over a period of time. Deeter stated that the City should recover its true cost of operations. Crane agreed that the City needed to receive sufficient revenues to meet expenses. Motion Failed. YES: Keil, King NO: Anderson, Bencardino, Crane, Deeter, Sieminski VOTE ON MAIN MOTION Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Keil, Sieminski NO: King Resolution No. 96 -046, amending the purchase contract for the pumper truck and appropriating funds ow City of Seward, Alaska City Council Minutes April 8, 1996 Volume 32, Page 110 MOTION (Sieminski /Anderson) Approve Resolution No. 96 -046. Fire Chief Gage outlined the reasons for amending the purchase contract to modify the vehicles for increased safety and efficiency and better use of available space. He stated that the $9,865 requested was available within the budget. Anderson noted that the Seward Volunteer Fire Department had raised $6,000 towards the cost of the modifications. Motion Passed. Resolution No. 96 -047, authorizing the issuance and sale of not to exceed $17,500,000 Revenue Bonds, 1996 (Alaska SeaLife Center Project), the execution and delivery of a trust indenture and loan agreement to secure bonds; the execution of a bond purchase contract; and providing for related matters MOTION (Crane /Keil) Unanimous Approve Resolution No. 96 -047. Klinkner stated that this was the final action needed by the Council for bonding of the project. He explained the details included in the resolution and stated that the Council needed to set the interest rate prior to approval. Don Grimes added that the recommended interest rate should be 8'/2 percent, fixed rate on 20 year bonds. MOTION (Deeter /Anderson) Amend by inserting 8'/2 percent in Section 2. Motion Passed. Unanimous VOTE ON RESOLUTION AS AMENDED Motion Passed. Unanimous Other New Business Items. Discussion of proposed donation to newly established football league. Sieminski stated that the high school was seeking funding to establish a football league He recommended a $5,000 donation from the City. City of Seward, Alaska City Council Minutes April 8, 1996 Volume 32, Page 111 Garzini stated that the Council had set aside funds for youth programs and he suggested that Council ask the Youth Advisory Board for a recommendation regarding Sieminski's proposal prior to committing the funds. Keil asked that the Youth Advisory Board also assess the need for additional outdoor basketball courts and report back to the Council. Anderson stated that she would prefer addressing these issues during the upcoming regular budget process. Crane agreed and stated that the group seeking funds should make a presentation to Council at its budget meetings. King concurred. Garzini stated that he would refer both of these items to the Youth Advisory Board and ask that the Board prepare recommendations for the Council's review. COUNCIL COMMENTS SIEMINSKI asked for additional information on the hospital bonds and the status of hospital negotiations at each meeting. Garzini stated that a special meeting would be held at 6:30 p.m. on Monday, April 15, 1996, to review and act on the hospital issue. CRANEthanked the SAAMS Board and citizens for their support of the Alaska SeaLife Center Project. ANDERSON stated that she was pleased with the new agenda format. She also asked the City Manager to report back to the Council regarding options for bus loading and unloading in the downtown area and Small Boat Harbor that would benefit local businesses. BENCARDINO also thanked the SAAMS Board for its commitment and work on the SeaLife Center Project. CITIZENS' COMMENTS MIKE WILEY, 550 Railway, complained about the policy regarding collection of late electric utility payments. WILLARD DUNHAM, Alder and Dimond, requested that the City stripe the crosswalks earlier in the season for both aesthetic and safety reasons. He agreed with Anderson's comments regarding zoning throughout the city and suggested that such a review could lead to better utilization of property in town to provide much needed housing. He encouraged the City to move the state shop as soon as possible. ROGER STEINBRECHER, Birch Street, Athletic Director of Seward High School commented on the proposed new high school football league at the request of the Mayor. He stated that other Peninsula schools had agreed to assist Seward with football equipment. He noted that approval of the School Board and school administration and a solid commitment from 30 plus students at the high school were needed before he could proceed with establishing the football program. He stated that a minimum of $15,000 was needed for start-up costs, and he hoped to 1 City of Seward, Alaska City Council Minutes April 8, 1996 Volume 32, Page 112 receive pledges totaling that amount by May 15. He agreed that more basketball courts were needed in the community. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned at 10:02 p.m. Linda S. Muv hy, City Clerk -Seal) City 4a \ �a K � � � ma City of Seward, Alaska City Council Minutes April 8, 1996SpecialMeeting Volume 31, Page 112 CALL TO ORDER The April S, 1996, special meeting of the Seward City Council was called to order at 7:00 p.m. by Vice Mayor Margaret Anderson. OPENING CEREMONY The opening ceremony was waived. ROLL CALL There were present: City of Seward, Alaska City Council Minutes April 8, 1996 Special Meeling Volume 31, Page 113 Margaret Anderson, presiding, and Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Thomas F. Minkner, City Attorney Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk ABSENT was: Louis A. Bencardino - excused (arrived at 7:08 p.m. during the executive session). APPROVAL OF SPECIAL MEETING AGENDA MOTION (Crane/Deeter) Motion Passed. Approve the Special Meeting Agenda. Without objection. CITIZENS° COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None. SPECIAL ORDERS Request for executive session to seek legal advice regarding a proposed settlement agreement with City Electric Inc. for claims arising from the transmission line project. MOTION (Deeter/Keil) Meet in executive session regarding City Electric Inc. claim. Motion Passed. ADJOURNMENT Unanimous The meeting was adjourned at 7:02 p.m. Following adjournment, the Council went immediately into executive session to receive advice from the attorney regarding the referenced claim. to Marga Anderson n � — Vice n-or City Clerk (City Seal) L �vYaL 5 S_ Lx City of Seward, Alaska City Council Minutes April 15, 1996 Volume 32, Page 114 CALL TO ORDER The April 15, 1996, special meeting of the Seward City Council was called to order at 6:30 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE City Manager Garzini led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. CORRINE MACOMBER, 327 5th Avenue, thanked Councilmember Sieminski for attending the meeting on the hospital sponsored by her group. She asked the Council to postpone action on the resolutions. PAT REILLY, Mile 1.5, Nash Road, discussed the time lines for giving notice of disposal of real property. He stated that the notice should give 30 days rather than the resolutions being effective immediately. He discussed other concerns about the hospital including contract services. APPROVAL OF AGENDA MOTION (Crane / Sieminski) Approve the Special Meeting Agenda. Motion Passed. Unanimous City of Seward, Alaska City Council Minutes April 15, 1996 Volume 32, Page 115 RESOLUTIONS Resolution No. 96 -048, providing for the submission to the qualified voters of Seward the question of the issuance of not to exceed $7.5 million in general obligation bonds of the City to finance the construction of a new health care center in the City and the lease of Seward General Hospital and the new health care center to the Sisters of Providence in Washington, dba Providence Alaska Medical Center MOTION (Anderson/Crane) Approve Resolution No. 96 -048. Garzini explained the process in issuing the GO Bonds which would be paid from the one percent sales tax currently being allocated to the hospital for operating costs. He also discussed the hospital management proposal submitted by Providence. Garzini stated that the draft lease would be available in the Clerk's office on Friday, April 19, 1996, and the final lease would be available to the public by Monday, April 22, 1996. He stated that the essential terms and conditions were approved by the Council and the Providence Board of Directors, but the minor details of the actual lease were still subject to negotiation. He stated that action on the lease would not take place until after the election and be effective 30 days thereafter. He added that every part of the lease would be consistent with the essential terms and conditions that were approved earlier. MURPHYclarified that the resolutions before council were to call for an election to seek voter approval of the general obligation bonds for construction of a new health care center and lease of Seward General Hospital to Providence Alaska Medical Center. She stated that, after the election, if the proposition was approved, a resolution approving the lease would be presented to Council in accordance with the City Code. She explained that the City had met all legal notice requirements on this issue. She noted that long -term leases require a 30 -day waiting period before becoming effective after approval, and the lease to Providence was scheduled to take effect July 1, 1996. She stated that the voters were approving the concept of the transfer and lease, not the actual lease document. Garzini explained that PEERS would work with the City on a 20 year settlement of the hospital employees' retirement obligation. He noted that the actual amount could not be determined until after Providence assumed management and knew which employees would remain or terminate employment. He stated that the one percent sales tax would be paid to Providence until the building was constructed or until September 1997, whichever came first. Then the proceeds of the one percent sales tax would be used to retire both the bond and the PERS debt. He stated that the City and the community would benefit from every employee who converted to Providence and its retirement plan. He explained that action was taking place quickly on the transition because the hospital was losing money beyond the one percent and the City was having to appropriate additional funds to keep the hospital open. City of Seward, Alaska City Council Minutes April 15, 1996 Volume 32, Page 116 In answer to a question from Bencardino, Garzini stated that the city was losing $100,000 per month by keeping the hospital. The Council and manager discussed various other aspects of the proposed health care facility. Garzini stated that certain equipment would remain in the ownership of the City. He explained the proposed lease and noted that Providence would leave the hospital fully functioning if it ever stopped operation. Anderson stated that, now that the proposal had been approved by Providence and the City, Providence was ready to present its plan to the community. She stated that the City would gain a modern facility rather than lose a hospital. She noted that the City was certified for a 20 bed hospital although the actual average daily census was less than two patients. King stated that Providence expected to lose up to 1/4 million dollars in the first two years of operation. In answer to a question from Sieminski, Garzini stated that he did not expect any changes in operations with the Seward Volunteer Ambulance Corps, MOTION (Crane /Anderson) Amend by adding Section 5 to read: The City intends to allocate proceeds of the bonds authorized under Section 2 of this resolution to reimburse expenditures by the City for costs of the acquisition, con- struction and equipping of the health care center incurred prior to the issue date of the bonds. Motion Passed. MOTION (Crane /Anderson) Motion Passed. MOTION (Anderson/Keil) Unanimous. Amend by renumbering existing "Section 5" as "Section 6° and change it to read as follows: Sections 1, 2 and 5 of this resolution shall become effective only if the proposition described in Section 3 is approved by a majority of the qualified voters voting on the proposition at the special election on May 21, 1996. The remaining sections of this resolution shall become effective upon adoption. Unanimous. Move the Previous Question. A A . City of Seward, Alaska City Council Minutes April 15, 1996 Voltwne 32, Page 117 Motion Passed. YES: Anderson, Bencardino, Crane, Kell, King, Sieminski NO: Deeter VOTE ON RESOLUTION NO. 96-048 AS AMENDED Motion Passed. Unanimous. Resolution No. 96 -049, approving a contract with Providence Alaska Medical Center to provide geotechnical study, Phase I environmental study and architectural design for the proposed new health care center MOTION (Anderson/Keil) Approve Resolution No. 96 -049. Yanez stated that approval of this resolution would allow the City to move towards construction of a new health care center at a faster pace for possible construction beginning late summer of 1996. He noted that, if the bond proposition failed, Providence would pay $70,000 towards the studies and the City would pay $30,000. However, If the bond proposition passed, funds would be available from the bonds. VOTE ON MOTION Motion Passed. Unanimous ADJOURNMENT The meeting was adjourned at 7:21 p.m. City Clerk � 2 . (City $ w 2 uis A. 43encardino Mayor City of Seward, Alaska City Council Minutes April 17, 1996 Volume 32, Page 118 CALL TO ORDER The April 17, 1996, special meeting of the Seward City Council was called to order at 6:30 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Councilmember Sieminski led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None. APPROVAL OF SPECIAL MEETING AGENDA MOTION (Crane/Deeter) Approve the Special Meeting Agenda. Motion Passed. Unanimous NEW BUSINESS Resolution No. 96 -058, appropriating $75,000 to Seward General Hospital to cover the costs of payroll, insurance premiums and other operating expenses MOTION (Anderson/Deeter) Approve Resolution No. 96 -058 In answer to a question from Anderson, Yanez stated that current payroll costs were $35,000 to $40,000 and the insurance prenrium totaled $20,000 for the month of March. Streeter stated that, based upon projections, the hospital should be able to meet costs for April. He explained the recent City of Seward, Alaska Cily Council Minutes April 17, 1996 Volume 32, Page 119 history of the hospital finances for 1996. He also explained the process used for billing and collections of accounts. Yanez stated that costs were high, and the FY 1996 budget that was approved was unrealistic. He noted that, although the hospital had made some cost reductions, some of the problems had been incurable. He added that it was difficult to predict how much revenue would be received each week. Yanez explained that the $75,000 was a calculated guess based on trends to get through FY 1996. Anderson stated that the Council had approved an unrealistic hospital budget. King stated that the Council realized the budget was unrealistic when it was approved, however there was little choice to do anything else until consultants with expertise were hired to assist the hospital and the City. Bencardino stated that the problems had existed for a long time, and it was difficult to keep doctors in town. He felt the council was on the right track, and even though he did not want to keep appropriating funds, there was little choice at this time. In answer to a question from Bencardino, Yanez stated that the hospital staff was aware that a budget would need to be prepared for the hospital enterprise fund for FY 1997. Crane stated that the community was also responsible for this situation since patient debts to the hospital were not being paid. Anderson asked what the result would be if the proposition failed on election day. Yanez answered that the hospital would not continue to operate 20 beds and could not afford to continue offering inpatient services at that capacity. He stated that more patients would be transported out of Seward for inpatient care since it was the most costly type of care. He noted that the hospital could still offer x -ray, laboratory and outpatient services at less cost than inpatient care. VOTE ON MOTION Motion Passed. Unanimous ADJOURNMENT The meeting was adjourned at 7:02 p.m. L a Murphy, C . — = ouis A. l3encardino 1 w City Clerk �.' r Mayor w M (City Seal) o a x da b a C• City of Seward, Alaska City Council Minutes April 22, 1996 Volume 32, Page 120 CALL TO ORDER The April 22, 1996, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Louis A. Bencardino, PLEDGE OF ALLEGIANCE Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter M arianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk SPECIAL ORDER, PRESENTATIONS AND REPORTS Proclamations and Awards. Bencardino presented a proclamation designating April as Sexual Assault Awareness Month to Marianna Keil, President, Seward Life Action Council. Borough Assembly Report. Assemblymember Mike Wiley was not present, and his written report was read by Murphy. City Manager's Report. Garzim reported that the city clerk had retrieved a document during routine destruction of records that he had written in 1991 recommending that Seward revise its health care system to a "trauma holding mold ". He noted that the hospital problems dated back to this time period, and Senators Duncan and Zharoff had encouraged Seward to re-think its planning for a new health care system. He reported on his trip to Juneau with Mayor Bencardino which included meetings with HESS Commissioner Purdue about the proposed new model of health care in rural communities, meetings to discuss the Railroad Dock expansion and discussion about the North Forest Acres Access Road Project, He reported that the bid opening on construction of the Alaska SeaLife Center would take place on April 25 and the financing for construction should be completed and closed on May 9, He stated that Yanez, Klinkner and Providence were working on the details of the lease agreement and a refined copy would be City of Seward, Alaska City Council Minutes April 22, 1996 Volume 32, Page 121 available for the public in the next week. He noted that Commissioner Purdue would appoint a liaison to assist the City and Providence with the health care project. He outlined the time line for the FY 1997 budget. In answer to a request from Anderson, Murphy explained that notice of the May 21 special election had been published in the Phoenix Log and would be published again the week before the election. She stated that voter information pamphlets containing the facts about the proposition would be mailed to box holders on May 1 and would be available at the post office, the banks and city hall. In answer to a question from Siemmski, Garzini explained that a YES vote at the polls on election day would authorize the issuance of up to $7.5 million general obligation bonds for development of the new health care facility and authority to enter into a lease of the facility with the Sisters of Providence. He stated that the current plan was to demolish the old building but that was subject to change based upon the geotechnical studies to be done. He explained that the GO bonds could not be used to pay the PERS debt; however, a portion of the one percent sales tax would go towards retiring this debt. Other Reports, Announcements and Presentations. Police Chief Walker reported on bus loading and unloading in the downtown area. He recommended that the buses park along the south side of Adams Street east of Fourth Avenue and the south side of Washington west of the alley between Third and Fourth Avenue. He explained that the recommended zones would have the least impact on the businesses and visitors, and it was not possible to reach a solution that was amenable to everyone. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. None. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson/Keil) Approve the Agenda and Consent Agenda. Garzini requested deletion of Resolution No. 96 -054 from the agenda. Sieminski moved Resolution No. 96 -055 to the regular agenda. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Resolution No. 96 -050, authorizing a towing contract between the City and Mike's Towing to provide towing of impounded vehicles for the Police Department and for storage of impounded vehicles, was approved; k_2f City of Seward, Alaska City Council Minutes April 22, 1996 Volume 32, Page 122 Resolution No. 96 -051, authorizing the destruction of the ballots from the April 11, 1995, special election, was approved; Resolution No. 96 -052, requesting the Legislature to amend AS 43.75.015 and 43.75.130 to reapportion the municipal share of the Fisheries Business Tax from the point of processing to the port of landing, was approved; Resolution No. 96 -056, authorizing a contract with Swenson Construction to repair Lowell Point Bridge to original as built condition for an amount not to exceed $77,400, was approved; Resolution No. 96 -057, amending the elections budget to cover the costs of the May 21, 1996, special election and appropriating funds, was approved; The April 8, 1996, special and regular meeting minutes were approved as written; and Sublet of Boardwalk Site No. 9 by the Chamber of Commerce to Mitchell B. Lyman, dba Cabin Coffee Cache, was noted for information. PUBLIC HEARINGS Ordinance No. 9646, amending SCC Table 15.10.225, Land Uses Allowed to allow inns, hotels, motels and other lodging facilities in the R3 Zone by Conditional Use Permit Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. WALTER CORRIGAN, 1708 Chiswell Street, spoke in opposition to the ordinance because it would allow commercial development in a residential neighborhood, there were plans to serve wine and beer, the action would be considered "spot zoning" and the amendment would violate the trust of the people in the City Council. He stated that development of a hotel in one of the nicer residential neighborhoods would diminish the quality of life of the residents. SHANNON SKIBENESS, 2612 Birch Street, Planning Commissioner and Historic Preservation Commissioner, spoke in support of the ordinance. She stated that the community was changing and growing, and this project was indicative of the future of Seward. She stated that the development and renovation of the Jesse Lee Home promoted both historic preservation and tourism. She stated that the zoning of the area in the 1970's would have allowed this use but it had been changed when a number of houses were built. She stated that this was the highest and best use of the property. She explained that this ordinance would only change the Land Uses Allowed Table and did not permit the consumption of alcoholic beverages in the area. She explained that the Planning and Zoning Commission would review all aspects of the project and hear public testimony prior to taking action on a Conditional Use Permit. She encouraged City of Seward, Alaska City Council Minutes April 22, 1996 Volame 32, Page 123 interested citizens to attend the public hearing on the project at the May 1 Planning Commission meeting. STU CLARK, 1129 Cliff View Place, expressed support of the ordinance. He stated that, as the owner of property in the project area, he preferred to see development of the Jesse Lee Home rather than witness its demise. TIM SCZAWINSKI, 611 Monroe, spoke in support of the ordinance and the Jesse Lee Home development project. He stated that, in the interest of historic preservation, the Jesse Lee Home, a part of the historic district, should be exempt from certain zoning code requirements because of the historical value of the structures. He stated that potential development problems could be addressed by all concerned so that this could be a positive project for the community. He further stated that compromise was in everyone's best interest in order to preserve the Jesse Lee Home which was on the Local, State, and Federal Historic Register. No one else appeared in order to be heard, and the public hearing was closed. Garzini stated that changing the Land Uses Allowed Table to allow a lodge use in an R3 zone was good public policy, and a lodge was an appropriate use for the Jesse Lee Home. He further stated that if the property were not developed into some type of commercial use, it would have to be demolished. He noted that the amendment would allow the public to become involved and provide input into the project through the Conditional Use Permit (CUP) process at the Planning and Zoning Commission level. Murphy explained that the substitute ordinance included amendments to the preamble to more accurately reflect the action taken by Council at the last meeting but did not actually amend the substance of the code language. MOTION (Anderson/Crane) Enact Substitute Ordinance No. 96 -16. In answer to a question from Anderson, Community Development Director Martin explained that the amendment would affect all R3 zoned property, all of which was in the vicinity of the Jesse Lee Home. In answer to a concern from King about alcohol consumption, Martin explained that the prohibition of alcohol could be listed as one of the conditions in the CUP. Garzini further stated that he had informed Mr. Claugus that the City highly objected to serving alcohol on the premises unless it was consumed with a meal in a restaurant setting. He also stated that it would be difficult for Mr. Claugus to obtain a liquor license from the Alcohol Beverage Control Board. In answer, to a question from King, Martin explained that the City could require Mr. Claugus to retain the historical character of the Jesse Lee Home as a condition in the CUP. 124 City of Seward, Alaska City Council Minutes April 22, 1996 Volume 32 Page 124 Bencardino stated that a number of people and groups had worked towards preserving the Jesse Lee Home which was in danger of being demolished if it was not developed. VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Keil NO: King, Sieminski NEW BUSINESS Resolution No. 96 -053, in support of Kantishna Holdings, Inc. Is proposal for the creation of a northern railroad right -of -way to Wonder Lake and for the building of the Denali Railway System to service Denali National Park JOE FIELDS, Kantishna Holdings, stated that the City of Nenana, City of Fairbanks and the Fairbanks Chamber of Commerce endorsed and supported the project and he thanked the Seward City Council for its support MOTION (Crane /Anderson) Motion Passed. Resolution No. 96 -055, authorizing a contract with White Electric to install 23 RV electrical hook -ups at Waterfront Park for an amount not to exceed $10,425 MOTION (Keil/Deeter) Approve Resolution No. 96 -053. Unanimous Approve Resolution No. 96 -055. Sieminski asked if the proposal was advertised in the Seward Phoenix Log. Murphy explained that the notice had been posted locally but she could not confirm whether or not the Engineering Department had advertised locally. Sieminski objected to installation of the electrical hook -ups. Anderson stated that this project had been approved by the City Council as part of the FY 1996 budget. Garzini stated that he supported privatization of the campground operation in the future and would bring the issue to the Council for a decision in the fall. VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Keil, King NO: Sieminski City of Seward, Alaska City Council Minutes April 22, 1996 Volume 32, Page 125 COUNCIL COMMENTS KEIL thanked the community for their concerns about the hospital. She stated that the lease proposal was available in the city clerk's office. She encouraged the public to review the document with an open mind. She congratulated the graduate students at AVTEC. ANDERSON stated that Janet Oates and other Providence staff would be available in Seward over the next several weeks to address concerns and answer questions about the hospital. She noted that they would also make a presentation at a joint meeting of the Downtown Merchants and Chamber of Commerce on Friday, April 26. She added that a public forum would be hosted by the Chamber of Commerce on May 9 where the City Council and Providence would be available to explain the proposal and the bond issue. She stated that she appreciated the public comments regarding the hospital. BENCARDINO stated that, as a result of meetings and a teleconference among State Commissioners, the City and Providence, Seward would most likely be the model for the entire state in developing certification of a new type of health care system. He stressed that the main concern was to take proper care of patients. He stated that Providence had the expertise, knowledge and the latest technology to provide the best service to Seward. He stated that health care would remain status quo until the new facility was built. He stated that downsizing was happening throughout the state, not just in Seward. GARZINIstressed that Mr. Bruce, Providence, had made it very clear that Seward was important as part of the Providence Health Care System family and would be operated under a single license. He stated that Providence was committed to providing the best possible health care to the community. KEIIstated that she had spoken to the regional director of a private insurance company about the 72 -hour holding facility, and he had clarified that as long as the treatment sought was medically necessary, the medical costs would be covered by insurance. MURPHYannounced that there were two upcoming vacancies on the Historic Preservation Commission and the deadline for submitting an application was Friday, May 3. She stated that any area resident could apply for one of the 3 -year vacant seats. She also announced that absentee voting for the May 21 special election would begin May 6 to accommodate anyone who could not get to the polls on election day. She stated that the clerk's office also provided assistance with in -home or in- hospital voting upon request. CITIZENS' COMMENTS COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS BOB VALDATTA, 528 Fifth Avenue, supported the Kantishna Holdings proposal to build a railroad. He objected to deleting the port marketing position from the FY 1997 budget. He City of Seward, Alaska City Council Minutes April 22, 1996 Volume 32, Page 126 stated that Seward needed to market its port facilities and work on continued economic development in an aggressive way. He also stated that the STVEC docks needed maintenance and repair, and someone needed to oversee operations on the other side of the bay. ADJOURNMENT The meeting was adjourned at 8:55 p.m. t �pty , Clerk " ! Seal) Y ^ Y ht�p l6,tYSa4 ,. AAE _ - uis A. Bencardino Mayor City of Seward, Alaska City Council Minutes May 6, 1996 Volume 32, Page 126 CALL TO ORDER The May 6, 1996, special meeting of the Seward City Council was called to order at 6:45 p.m. by Vice Mayor Margaret Anderson. PLEDGE OF ALLEGIANCE Waived ROLL CALL There were present: Margaret Anderson, presiding, and Dave W. Crane Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk City of Seward, Alaska City Council Minutes May 6, I996 Volume 32, Page 127 CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. None APPROVAL OF AGENDA MOTION (Crane/Keil) Approve the Special Meeting Agenda. Motion Passed. Unanimous SPECIAL ORDERS Request for letter of non - objection to the approval of the transfer of a liquor license from Frontier Restaurant and Pioneer Bar to Vitus Bering Enterprises. MOTION (King /Keil) Authorize a letter of non - objection to the interim transfer of the liquor license as requested. In response to a question from Crane, Murphy stated that Sam Banic, Pioneer Bar owner, and Connie Bencardino, the real estate agent for Mr. Banic, had requested that the City bypass the normal procedures for reviewing a liquor license application and issue a letter stating that it did not object to the issuance of an interim license to the buyers of the licensed premises prior to the next meeting of the ABC Board. Ms. Bencardino had explained that the buyers were reluctant to consummate the purchase of the property until they were assured that the liquor license would be transferred. Murphy stated that she had informed both Banic and Bencardino that the City had no provision for administrative approval of liquor license applications and their request would have to go before the Council at a regular meeting. Ms. Bencardino requested that Murphy call a special meeting of the Council to approve the letter of non - objection; Murphy responded that this did not constitute an emergency on the part of the City and was probably not an appropriate special meeting subject. Later, Mayor Bencardino signed a request calling the special meeting to review and approve the license transfer. In response to further questioning from the Council, Murphy explained that, generally, an applicant for any type of liquor license action files an application with the ABC Board and posts the application locally as required by the State. Only then does the State send a copy of the application to the City for review and to give the City an opportunity to protest the renewal, transfer, etc. At this point, the City Clerk's Office copies the Borough Delinquent Accounts Department, the City Finance Department and the City Police Department and asks if there are any reasons to protest the requested action. Only then is the license presented to the Council with a recommendation. Murphy noted that this particular application had not yet been posted or filed with the ABC Board. Crane objected to deviating from normal procedures to take action on the requested license transfer. He added that he would support this transfer but would not support any future attempts to circumvent the City's standard operating procedures for liquor license actions. Anderson, Keil and Sieminski also objected to this deviation from standard procedures. King stated that he agreed No City of Seward, Alaska City Council Minutes May 6, 1996 Volume 32, Page 128 that normal procedures should have been followed, but, since he did not want to do any thing to jeopardize the sale of the restaurant and bar, he would vote to approve the interim transfer. MOTION (Sieminski/Keil) Motion Failed. Postpone action until May 13, 1996. YES: Sieminski NO: Anderson, Crane, Keil, King VOTE ON MAIN MOTION Motion Passed. Unanimously ADJOURNMENT The meeting was adjourned at 7:00 p.m. ( l) Mayor Bencardino City of Seward, Alaska City Council Minutes May 13, 1996 Volume 32, Page 128 CALL TO ORDER The May 13, 1996, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice Mayor Margaret Anderson. PLEDGE OF ALLEGIANCE Police Chief Walker led the pledge of allegiance to the flag, ROLL CALL There were present: City of Seward, Alaska City Council Minutes May 13, 1996 Volume 32, Page 129 Margaret Anderson, presiding, and Dave W. Crane Darrell Deeter (arrived at 7:42 p.m.) Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Michael Yanez, Deputy City Manager Brad Meyen, City Attorney Patricia Jones, Deputy City Clerk ABSENT was: Louis A. Bencardino - excused SPECIAL ORDER, PRESENTA31ONS AND REPORTS Proclamations and Awards. Anderson noted the following proclamations: Historic Preservation Week - May 12 to 18 Nursing Home Week - May 12 to 18 Safe Boating Week - May 18 to 24 Emergency Medical Services Week - May 19 to 25 Borough Assembly Report. Assemblymember Mike Wiley reported on the most recent assembly meeting. He stated that the next meeting would be held May 21 followed by a meeting of the Board of Equalization. City Manager's Report. Yanez informed the Council that Mayor Bencardino and City Manager Garzini were attending the bond closing in Seattle for the Alaska SeaLife Center. He stated that a notice to proceed with construction would be issued in the near future. He reminded everyone of the upcoming May 21 special election to consider $7.5 million in general obligation bonds to construct a new health care center. He stated that ten officials from Yoshon City, Korea, would be hosted by the mayor and manager on May 20 and 21 to begin a cultural exchange as a possible sister city which could develop into economic trade between the countries. He encouraged everyone to welcome the visitors. City Attorney's Report. Meyen reported that the attorney had been working on the bond closing for the Alaska SeaLife Center, the revised agreement between the City and the Sisters of Providence, Inlet Fisheries bankruptcy and the foreclosure on the Jesse Lee Heights special assessment district. Other Reports, Announcements and Presentations. City of Seward, Alaska City Council Minuses May 13, 1996 Volume 32, Page 130 Steve Lemme, Youth Advisory Board. Lemme stated that the Youth Advisory Board had requested the construction of a retaining wall capable of supporting a roof 35 feet from the Youth Center rather than the planned five feet in order to keep water from entering the basement of the building. He noted that future plans included construction of a roof to provide for a covered outdoor area and possible construction of a basketball court at the south end of the property. He reported that the Board was not opposed to the football program, but it preferred to use available funds for scheduled projects at the youth center, therefore, it voted not to financially support the football program. He asked the Council to consider continued funding of the after school program which was well attended, The Council directed the administration to present a plan to the Council at its next budget work session. Historic Preservation Applicants. MARIA GILLETTE addressed the Council on behalf of GLENN W. HART, who was out of town in connection with his work. She stated that Mr. Hart was a native Alaskan who had lived in Seward for six years. His interests included history and archaeology, and he had spearheaded an effort to make known various archaeological finds along the Alaskan coast. FAYE MULHOLLAND was not present. Raymond Royce - Protest of award of Small Boat Harbor Electrical System Upgrade Project. Mr. Royce had notified the city clerk by telephone that he withdrew his protest so he was not present. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. BLAINE BARDARSON, 1308 Chamberlain, requested Council consideration of his presentation regarding his non - compliance with the Alaska Public Offices Commission just prior to taking action under New Business. ROBIN DYKSTRA, 529 Knight Street, stated that he was prepared to rebut the protest of award of the contract for the small boat harbor electrical upgrade but there was no need since Mr. Royce had withdrawn his protest. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Sieminski /Deeter) Approve the Agenda and Consent Agenda. Keil moved Resolution No. 96 -059 to the regular agenda. The Council informed Mr. Bardarson that he could make his presentation under New Business. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous City of Seward, Alaska City Council Minutes May 13, 1996 Volume 32, Page 131 The Clerk read the following approved consent agenda items: Resolution No. 96 -061, approving a contract with Seward Plumbing for purchase and installation of a replacement boiler for City Hall without full utilization of city bid procedures, was approved; The April 15, 17 and 22, and May 6, 1996, meeting minutes were approved as written; The May 27 meeting was rescheduled to May 28, 1996; and The following were appointed to the election boards for the May 21 special election: Precinct 1 - Sanna LeVan, Chair, Betty Casey, Sara Watsjold, Barbara Shea, counter; Precinct 2 - Nancy Sadusky, Chair, Vicki Seigel, Linda Sewall, Mary Lechner, Counter; and Canvass Board - Betty Casey, Sara Watsaold, Kathy Shipe and Vicki Seigel. PUBLIC HEARINGS Agreement for lease, financing, construction, operation and maintenance of the Providence Seward Health Center. Yanez gave a presentation using visual aids. He stated that final negotiations were ongoing with Providence on the lease and operating agreement that would govern the new medical facility to be constructed at the present hospital site. He explained the ballot proposition which sought voter approval of a $7.5 million general obligation bond for the construction of the new facility, demolition of the old hospital and bond closing costs, and approval of the lease agreement between the City and the Sisters of Providence. He gave an overview of the problems experienced by Seward General Hospital including an antiquated structure that was not in compliance with various state codes, fiscal losses due to decreasing revenue and escalating expenses, low inpatient volume, the lack of commitment for a long term by physicians and lack of funds to market the hospital. He stated that Providence would receive the one percent sales tax to help offset operating losses while operating the current hospital and clinic until the new facility was built. The one percent sales tax would then be used to pay off the debt service on the bonds and the PERS liability. He noted that Providence would operate the facility under lease and the City would retain ownership of the land and building. Finance Director Gifford explained a scenario of the overall principal and interest rates on the bonds based on a three percent increase per year in sales tax revenues. 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. Anderson noted that action on the agreement was scheduled for May 28. City of Seward, Alaska City Council Minutes May 13, 1996 Volume 32, Page 132 In answer to a question from Deeter, Yanez stated that Providence would receive one -half of the accounts receivables from the hospital to help offset operating costs. He explained that Providence anticipated operating at a loss for the first five years. Keil stated that the hospital would continue to operate with the same standard of care, and Seward would be held to the same high standard as the entire Providence facilities. She noted that Providence had eliminated the reference to 72 -hour beds and was willing to work with the community to assure the delivery of quality health care. Anderson read a letter from Health &e Social Services Commissioner Purdue offering assistance and supporting the community effort to create an affordable health care system. Yanez replied that communities throughout the state were supportive of Seward`s efforts and were closely watching the progress of the delivery of a new model health care system for rural communities. Crane stated that this was an opportunity for Seward to have a fast class facility. King stated that there had been positive input from communities throughout the state since negotiations had started and he hoped for community support. RECESS: The meeting recessed at 9:00 p.m. and reconvened at 9:08 p.m. Fiscal Year 1997 city budgets. Finance Director Gifford reviewed and explained the budget amendments included in the agenda packet. He noted that the health insurance plan for employees would change from a 90/10 to an 80/20 plan but the deductibles would remain the same. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. RICHARD GOSHORN, Small Boat Harbor, objected to increasing the moorage rates in the small boat harbor. He noted that Seward already had the highest rates in the state. He informed the Council that the harbor needed major improvements. He distributed a letter with suggested rates and asked the Council to explore other alternatives. KATHY CLINE, 405 Fourth Avenue, Director of the Chamber of Commerce, spoke in support of investing 75 percent of the bed tax revenues in the visitor industry. She reviewed the budget, operations and the role of the Chamber of Commerce in the tourist industry. STU CLARK, 1129 Cliff View Place, stated that the Chamber of Commerce was in a good position to market the city and would like to devote more resources towards advertising and marketing, He thanked the administration for its support of the library. City of Seward, Alaska City Council Minutes May 13, 1996 Volume 32, Page 133 ROGER STEINBRECHER, 2614 Birch, updated the Council on the football program. He stated that $3,000 worth of equipment had been donated by other schools in the district. He noted that 46 students had signed contracts to play football and they were looking for adequate practice fields. He stated that the school board supported the program. FRED LAU, Director of AVTEC, requested Council support of the proposed agreement with the Parks and Recreation Department for increased services at the AVTEC facility. Anderson noted a letter from Gary Taylor regarding the Harbor Enterprise Fund. No one else appeared in order to be heard, and the public hearing was closed. The Council scheduled a work session to discuss the budget at 6:00 p.m. on Tuesday, May 28 1996. A majority of the Council supported funding $5,000 for the football program. Items to be discussed at the work session included funding of $5,000 to clean up the Forest Acres campground, funding requests from the Youth Advisory Board, increase in hours at the Department of Motor Vehicles, moorage rates and other harbor issues, establishment of a crime stopper program, replacement of little league ballfields and use of bed tax revenues. The Council concurred with moving the television fund from the Harbor budget to the Electric budget. UNFINISHED BUSINESS None. NEW BUSINESS Note: Anderson stated that, due to the late hour, Bardarson could give his presentation at this time following action by the Council. Blaine Bardarson, Planning Commission Chairman - noncompliance with conflict of interest law requirements. Bardarson stated that his disagreement with the APOC had resulted in a penalty of $1400 in fines that were owed to the State. He stated that he had filed conflict of interest statements since he was first appointed. He noted that in 1993 his conflict of interest statement had been reviewed by APOC and he had been notified that the description of his real property interests was incorrect. He stated that he had used identifying factors in laymen's terns instead of the required legal description or street address which had resulted in late filing of the corrected conflict of interest statement. He felt that he should not be penalized because he served the community on a volunteer basis. He stated that he had not been charged for any misde- meanor, and he was currently in compliance with his conflict of interest filings. MOTION (Keil/Sieminski) Declare Mr. Bardarson's seat on the Seward Planning and Zoning Commission vacant and advertise for a replacement. City of Seward, Alwka City Council Minutes May 13, 1996 Volume 32, Page 134 Deeter stated that the violation did not appear serious enough to warrant removal from office. Keil stated that she respected Mr. Bardarson and valued his service to the City as a commissioner but it was Council's duty to uphold the oath of office and state and local laws. King stated that APOC should pursue remedies to this situation rather than the local governing body. Crane stated that there was insufficient negligence on Bardarson's part to warrant removal. He noted that it would be a detriment to the community to lose his service because of a technicality between Bardarson and the APOC. Anderson agreed that Bardarson should retain his seat. She asked the attorney for his opinion. Meyen stated that he agreed with the city clerk's comments that Mr. Bardarson was not in compliance with state law, and if he refused to pay the penalties, his seat should be declared vacant. VOTE ON MOTION Motion Failed. YES: Keil NO: Anderson, Crane, Deeter, King, Sieminski NOTE: The Council returned to the regular order of business. NEW BUSINESS Resolution No. 96 -054, awarding a contract to Service Electric for the small boat harbor electrical system upgrade project MOTION (Sieminski/Deeter) Motion Passed. Approve Resolution No. 96 -054. Unanimous Resolution No. 96 -059, authorizing payment of an ICBO plan review of the SeaLife Center plans and appropriating funds MOTION (Crane /Sieminski) Approve Resolution No. 96 -059. In answer to a question from Keil, Engineering and Utilities Manager Calvert stated that the building permit fee was paid with SeaLife Center funds. Finance Director Gifford stated that this action was necessary because the revenues and not the expenses had been budgeted. City of Sewurd, Alaska City Council Minutes May 13, 1996 Volume 32, Page 135 VOTE ON MOTION Motion Passed. Unanimous Resolution No. 96 -060, approving a memorandum of understanding to show support for a co- located visitor and conference facility MOTION (Sieminski/Keil) Motion Passed. Approve Resolution No. 96 -060. Unanimous Other New Business Items. Appointment of Historic Preservation Commissioners. Glenn W. Hart and Faye Mulholland were appointed to three year terms on the Historic Preservation Commission by unanimous ballot. INFORMATIONAL ITEMS AND REPORTS Deputy City Clerk Jones noted that the special election would be held on Tuesday, May 21, 1996. She stated that the polls were open from 7:00 a.m. to 8:00 p.m. and the clerk's office was open from 8:00 a.m. to 5:00 p.m. for absentee voting through Monday, May 20. She also noted that any homebound or hospital bound person could call the clerk's office for voting assistance. COUNCIL COMMENTS KEEL encouraged the public to vote on May 21 and make their decision based on facts. KING gave a report on the most recent Planning Commission meeting in which the commission acted on the cemetery plan and the Conditional Use Permit for the Jesse Lee Home Project. ANDERSON congratulated the 1996 graduating class. She encouraged the voters to inform themselves and vote on May 21. CITIZENS' COMMENTS TIM SCZAWINSKI, 611 Monroe, reported that archaeologists had made a recent find at the Alaska SeaLife Center site and he encouraged the Council to find out what it was. _,6 City of Seward, Alaska City Council Minutes May 13, 1996 Volume 32, Page 136 BLAINE BARDARSON, 1308 Chamberlain, thanked the Council for its vote of confidence and assured that he would address this issue with APOC. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 10:58 p.m. °4 (City Seal) ' P �S it �. •, to ^ �` a d i Jf uis A. encardino Mayor City oj'Seward, Alaska City Council Minutes May 28, 1996 Volume 32, Page 136 CALL TO ORDER The May 28, 1996, regular meeting of the Seward City Council was called to order at 7:42 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Councilmember Sieminski led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and City of Seward, Alaska City Council Minutes May 28, 1996 Volume 32, Page 137 Margaret Anderson Dave W. Crane Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Thomas F. Klinkner, City Attorney Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk ABSENT was: Darrell Deeter - excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Borough Assembly Report. Assemblymember Mike Wiley reported on the May 21, 1996, assembly meeting. He noted that the school budget was adopted and a contract for replacement of the Seward High School roof was approved. Bencardino asked Wiley to check on '�.. the status of the proposed rifle range requested by the American Legion. City Manager's Report. Garzini reported that he had written a letter to Providence CEO Doug Bruce regarding the steps to be taken to finalize the hospital lease and operating agreement. He introduced Derek Soden, Student Intern from the University of Alaska Fairbanks, who was commissioned to prepare a transportation and parking plan for the City of Seward. He gave an update on the status of the sawmill noting that a request for proposals for the sawmill property had been advertised and sent to prospective proposers. Yanez gave an update on the status of the hospital following the special election in which the voters approved Proposition No. 1. City Attorney's Report. Klinkner reported that the Alaska SeaLife Center bond closing went smoothly. He reported on current projects including (i) the Inlet Fisheries bankruptcy and subsequent proposed assignment of the Inlet lease to another business, (ii) Jesse Lee Home assessments and (iii) the Tyler Jones case which was before the 9th Circuit Court of Appeals. He congratulated the City on the success of the election and stated that he would be working on related legal issues. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. None. City of Seward, Alaska City Council Minutes May 28, 1996 Volume 32, Page 138 APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson/Keil) Approve the Agenda and Consent Agenda. Garzini requested the removal of Informational Items No. 10, Al and A2 from the consent agenda. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: The May 13, 1996, regular meeting minutes were approved as written; The May 21, 1996, special election was certified and the following results were declared official: Proposition No. 1 (Sale of not to exceed $7,500,000 of general obligation bonds for construction of a new hospital facility to be operated by Providence Alaska Medical Center) A letter of non - objection to the request for transfer of liquor license from Sam Banic, Pioneer Bar, to Vitus Bering Enterprises Inc., dba Legends of the Mountain, and request for restaurant designation by Legends of the Mountain were approved; and Report of Purchases between $5,000 and $10,000 was noted for information; PUBLIC HEARINGS Resolution No. 96 -062, approving an agreement between the City of Seward and the Sisters of Providence, dba Providence Alaska Medical Center, for the lease, financing, operation and maintenance of the Providence Seward Health Center. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. STU CLARK, 1129 Cliff View Place, requested the addition of the mission statement by Providence Alaska Medical Center into the final document. He spoke in support of the resolution. Precinct 1 Precinct 2 Abs /Quest. Total YES 197 158 35 390 NO 89 58 9 156 TOTAL VOTES CAST: 287 217 41/3 548 TOTAL VOTES COUNTED: 286 216 41/3 546 A letter of non - objection to the request for transfer of liquor license from Sam Banic, Pioneer Bar, to Vitus Bering Enterprises Inc., dba Legends of the Mountain, and request for restaurant designation by Legends of the Mountain were approved; and Report of Purchases between $5,000 and $10,000 was noted for information; PUBLIC HEARINGS Resolution No. 96 -062, approving an agreement between the City of Seward and the Sisters of Providence, dba Providence Alaska Medical Center, for the lease, financing, operation and maintenance of the Providence Seward Health Center. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. STU CLARK, 1129 Cliff View Place, requested the addition of the mission statement by Providence Alaska Medical Center into the final document. He spoke in support of the resolution. City of Seward, Alaska City Council Minutes May 28, 1996 Volume 32, Page 139 No one else appeared in order to be heard, and the public hearing was closed. MOTION (Sieminski /Crane) Approve Resolution No. 96 -062. Garzini stated that there would be additional documentation brought before the Council throughout the next month as the agreement was finalized. MOTION (Anderson /Crane) Motion Passed. MOTION (Anderson /Kell) Motion Passed. VOTE ON MOTION AS AMENDED Motion Passed. Amend by directing the city manager to conclude negotiation of the agreement's final draft in accordance with the guide- lines accepted in the Terms and Conditions document previously approved by the City Council and the Providence Board of Dir- ectors. Unanimous Amend by approving Exhibit B, Services to be Provided, and instructing the city manager to present the remaining exhibits to the City Council at the conclusion of the current fiscal year and/or upon,completion of the project construction plan. Unanimous Unanimous Resolution No. 96 -063, adopting the City Operating Budget for the fiscal year beginning July 1, 1996 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 /Keil) Approve Resolution No. 96 -063. Motion Passed. Unanimous 040 City of Seward, Alaska City Council Minutes May 28, 1996 Volume 32, Page 140 Resolution No. 96 -064, adopting the Harbor Enterprise Fund Budget for the fiscal year beginning July 1, 1996 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/Crane) Approve Resolution No. 96 -064. MOTION (Crane /Anderson) Amend by deleting the 3.5 percent moor- age rate increase and reducing the capital improvements obligation to the State of Alaska by $38,000. Kell noted a possible conflict of interest since she owned a business that paid moorage on a vessel moored in the harbor. Mayor Bencardino ruled that no conflict existed. VOTE ON MOTION Motion Passed. Unanimous VOTE ON RESOLUTION AS AMENDED Motion Passed. Unanimous Resolution No. 96 -065, adopting the Electric Enterprise Fund Budget for the fiscal year beginning July 1, 1996 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. LOUIE MARCH, Mile 5.5 Seward Highway, objected to the proposed increased expenditures for personnel and to fund a federal government lobbying program. No one else appeared in order to be heard, and the public hearing was closed. MOTION (Sieminski /Keil) Motion Passed. Approve Resolution No. 96 -065. Unanimous Resolution No. 96 -066, adopting the Water and Sewer Enterprise Fund Budget for the fiscal year beginning July 1, 1996 -4 1?r City of Seward, Alaska City Council Minutes May 28, 1996 Volume 32, Page 141 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 /Anderson) Motion Passed. Approve Resolution No. 96 -066. Unanimous Resolution No. 96 -067, adopting the Motor Pool Internal Service Fund Budget for the fiscal year beginning July 1, 1996 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 /Anderson) Motion Passed. Approve Resolution No. 96 -067. Unanimous Resolution No. 96 -068, adopting the Capital Budget Plan for the three fiscal years beginning July 1, 1996 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/Crane) Motion Passed. Approve Resolution No. 96 -068. Unanimous Resolution No. 96 -069, adopting the DARE Special Revenue Fund Budget for the fiscal year beginning July 1, 1996 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 /Crane) Approve Resolution No. 96 -069. Motion Passed. Unanimous a City of Seward, Alaska City Council Minutes May 28, 1996 Volume 32, Page 142 Resolution No. 96 -070, adopting the Parking Revenue Enterprise Fund Budget for the fiscal year beginning July 1, 1996 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 /Crane) Motion Passed. Approve Resolution No. 96 -070. Unanimous UNFINISHED BUSINESS Blaine Bardarson, Planning Commission Chairman - Noncompliance with conflict of interest law requirements. Murphy noted that Councilmember Sieminski had filed notice of reconsideration with the City Clerk's office the day following the May 13, 1996, meeting. She stated that Sieminski's motion would need a second and a 2/3 vote of the Council in order to bring the motion to the floor for reconsideration. MOTION (Sieminski /Keil) Reconsider the motion to declare Mr. Bardarson's seat on the Seward Planning and Zoning Commission vacant and advertise for a replacement. Sieminski stated that Mr. Bardarson had a responsibility to resolve this issue if he desired to continue serving on the Planning and Zoning Commission. Keil reminded the Council that Mr. Bardarson had an obligation to file timely, correct conflict of interest statements. VOTE ON MOTION TO Motion Failed. YES: Anderson, Keil, King, Sieminski NO: Bencardino, Crane NEW BUSINESS Resolution No. 96 -071, setting various fee schedules and adjustments to definitions in the Port and Harbor tariff MOTION (Crane /Anderson) MOTION (Anderson/Crane) Motion Passed. Approve Resolution No. 96 -071. Amend by deleting Section 1, 3.5 percent moorage increase. Unanimous 1 - City of Seward, Alaska City Council Minutes May 28, 1996 Volume 32, Page 143 MOTION (Anderson/Crane) Amend Section 3 by increasing the shower fee from $1.00 to $2.00. Motion Passed. YES: Anderson, Bencardino, Crane, Keil, Sieminski NO: King VOTE ON RESOLUTION AS AMENDED Motion Passed. YES: Anderson, Bencardino, Crane, Keil, Sieminski NO: King INFORMATIONAL ITEMS AND REPORTS Alaskan Nibbles & Chips sublet of a portion of its leased premises to Tammy Bush dba Summer Fun Surreys. Garzini recommended that any profit realized from the sublet of leased premises should be shared equally between the City and the Lessee. He noted that a number of lessees were making large profits on city -owned land. Klinkner explained the City's lease policies and procedures and stated that the lease policy could be revised in order to address this issue and include regulations on subleasing. Garzini stated that he would prepare and submit amendments to the City Council. Crane objected to imposing a regulation after a lease had already been approved. Klinkner stated that the Council had discretion under the current policy to negotiate an amendment. Sublet of Boardwalk Site No. 1 from Brad Snowden to Kenai Fjords Tours, Ltd. Garzini explained that the Lessee would receive $90,000 in profit from sublease of this site over the next five years. He suggested that the City seek proposals for the boardwalk sites once the leases expired. He added that the market value of the boardwalk leases could be determined by utilizing the competitive proposal process. Following Council discussion, the city manager, city clerk and city attorney were directed to work together with the appropriate staff to review the current lease policy and make a recommendation to the Council. COUNCIL COMMENTS KEIL and ANDERSON thanked the voters for approving the health center bond and lease with Providence. KINGcongratulated the business community for putting on the first annual "show and tell event" to market Seward. He stated that many businesses contributed funds and services to the public, and all businesses pulled together to show off Seward. 14 City of Seward, Alaska City Council Minutes May 28, 1996 Volume 32, Page 144 CRANE wished all of the graduates good luck in their future endeavors. BENCARDINO thanked the military for the nice job of renovating the army recreation camp. CITIZENS' COMMENTS BLAINE BARDARSON, 1308 Chamberlain, responded to the harbor lease issue by recommending that the City sell its leased lands. LOUIE MARCH, Mile 5.5 Seward Highway, read a 1994 letter from Chugach Electric Association to Seward Public Utilities regarding location of a generation unit. COUNCIL & ADM WSTRAITON RESPONSE TO CITIZENS' COMMENTS ANDERSONstated that she would oppose selling harbor property because of its value to the citizens of Seward. M MIM.l►��l.�Y The meeting was adjourned at 9:40 p.m. I F " �2 �2 �n S. urphy, M AAE uis A. ncardino cc i rk Mayor rAms " (City S ,a r +' as ;� . *a. 00y'�e Aa Alaska City Council Minutes td ARIIUMb" 5 1996 Volume 32, Page 144 1 �llfi 1 X '71 11 The June 10, 1996, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice Mayor Margaret Anderson. PLEDGE OF ALLEGIANCE Councilmember Sieminski led the pledge of allegiance to the flag. City of Seward, Alaska June 10, 1996 ROLL CALL There were present: Margaret Anderson, presiding, and Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Thomas F. Klinkner, City Attorney Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk ABSENT was: Mayor Louis A. Bencardino - excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS The following presentation was taken out of order. City Council Minutes Volume 32. Paee 145 Seward Follies Theater Group. Debra Davidson, representing Seward Follies, stated that the goal of this newly formed theater company was to present Seward's history to the community and visitors. A short skit was performed as an example of what will be offered throughout the summer. The Council returned to the regular order of business. Borough Assembly Report. Assemblymember Mike Wiley was not present. City Manager's Report. Garzini reported that proposals for the re -use and development of the 43 -acre site at the Seward Marine Industrial Center were due by June 20. He stated that the proposals would be reviewed in order to determine whether or not any were acceptable to the City and Seward Forest Products, current Lessee of the sawmill site. He added that Seward Forest Products, the City and the successful proposer would negotiate a new lease. He stated that an RFP packet for the planned development of city -owned lands at the south end of the small boat harbor, including the former Treks -n- Voyages site and Boulder Field, would be presented to the Council in July. Garzini stated that, unless there was some objection from the Council, the hospital roof would be repaired only to the extent that it would last until the building was demolished next year. He reported that the City had contracted with Hensley Consulting to initiate a harbor development plan, update the City's strategic plan, analyze the housing shortage and develop a strategy for the electric utility. He stated that the draft plan would be reviewed by the Planning Commission and City Council for input and further development. In answer to a question from Anderson, Garzini City of Seward, Alaska City Council Minutes June 10, 1996 Volume 32, Page 146 stated that Derek Soden, student intern working on a citywide transportation plan, would update the Council on parking statistics at the June 24 meeting. Murphy reported that there were three upcoming vacancies on the Port and Commerce Advisory Board open to Seward area residents. She stated that the Board met every second Wednesday of the month. She noted that applications were available from the Clerk's Office, and the deadline for submittal was Friday, June 28. City Attorney's Report. Klinkner reported that a brief had been filed with the 9th Circuit Court of Appeals on the Tyler Jones case. He also gave an update on the Jesse Lee assessments litigation, settlement of the Inlet Fisheries bankruptcy claim and negotiations with Providence for construction and operation of the hospital. Other Reports, Announcements and Presentations. SAAMS Update and Construction Plans - Alaska SeaLife Center. Darryl Schaefermeyer distributed a Partnering Charter between the contractor, Strand -Hunt, the subcontractors and the project designers and engineers which included provisions for a safe work site and a construction schedule. He outlined some of the objectives which included timely payments to the contractor and subcontractors, maximum local participation, teamwork and quality construction. He further reported that the State Historic Preservation Office had signed off on the archaeological aspects of the project. Roe Sturgulewski, Construction Manager, presented the construction schedule which included a substantial completion date of February 5, 1998, and opening date of May 1, 1998. Crane requested a presentation in July using visual aids to show the Council and public the updated facility. Garzini added that Darryl Schaefermeyer and Roe Sturgulewski would be available locally to answer questions about the project. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. MARANNA KISER, 611 Adams Street, addressed Resolution No. 96-077 and asked the Council to consider a different location (other than the Adams Street Pavilion) for the skate park. so that the community could continue to enjoy the pavilion's quiet setting. PAUL TOUGAS, 1907 Dora Way, spoke in support of the skate board park and the Adams Street Pavilion as a multi -use facility for all segments of the community. BEN JAFFA, Mile 34, Seward Highway, spoke in opposition to the resolution regarding subleasing of boardwalk sites. He stated that he had worked for a small business that had operated at one of the boardwalk sites for the past three years with no problems. He read a letter from the City to Cindy Ecklund, owner, notifying her of the City's policy and requesting her to close her business, City of Seward, Alaska City Council Minutes June 16, 1996 Volume 32, Page 147 CINDY ECKLUND, 806 Second Avenue, owner of Cle' Caffe, stated that passage of Resolution No. 96-073 negatively affected the business she had been in operating for the past 3 years at one of the boardwalk sites. She requested that the Council allow her to continue doing business in her current location. BJORN OLSON, 320 Third Avenue, spoke in support of the skate board park and stated that it would provide a safe place for a growing number of participants. He stated that he was not opposed to developing the park at the north end of the Waterfront Park area (commonly known as Tent City). APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Sieminski /Kell) Approve the Agenda and Consent Agenda. Anderson deleted Ordinance No. 96-17 from the agenda and moved Resolution No. 96-072 from the consent agenda to the regular agenda. Murphy noted the addition of Resolution No. 96 -078, included in the agenda packets but not published in the newspaper. King moved Resolutions No. 96- 073 and No. 96-077 from the consent agenda to the regular agenda. MOTION (Crane /Deeter) Motion Passed. To meet in executive session immediately following the close of regular business to discuss the Seward Forest Products lease issues, the immediate knowledge of which could have an adverse effect on the City's finances. Unanimous VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Resolution No. 96 -074, amending the Legal Services Budget by transferring funds among subject matters within the adopted FY 1996 budget, was approved; Resolution No. 96 -075, authorizing the execution of a contract with Michael W. Meeks, dba MWM Consulting, for professional computer consulting services through June 30, 1997, was approved; Resolution No. 96 -076, amending the utility and harbor tariffs by revising interest charges and adding other fees associated with delinquent accounts, was approved; The May 5, 1996, Community Hospital Board regular meeting minutes and the May 28, 1996, City Council regular meeting minutes were approved as presented; and ") j.48 City of Seward, Alaska Cfty Council Minutes June 10, 1996 Volume 32, Page 148 Request by Northern Television for reasonable assurance that a one -acre lot at SNUC would be available for lease to rebroadcast AM Radio Station KBYR upon receipt of the necessary FCC license was approved. NEW BUSINESS Resolution No. 96 -072, in support of the development of a non - motorized sport trail system and adjacent shooting range for summer target practice and winter biathlon races MOTION (Crane /Keil) Motion Passed. Resolution No. 96 -073, adopting lease policies and procedures governing the small boat harbor boardwalk lease sites MOTION (Sieminski /Crane) Approve Resolution No. 96 -072. Unanimous Approve Resolution No. 96 -073. Garzini stated that it would be appropriate to postpone action on the resolution. Murphy read the amendments recommended by the Clerk, Manager and Attorney, and Garzini explained the reasons behind the amendments. He stated that he had no intention of putting any operator out of business during this summer season; however, he did want to ensure that every business wishing to sublease any City-owned site enter into a sublease in accordance with the City's lease policies. He stated that the small boardwalk sites were too small to accommodate more than one business activity each and one intent of this resolution was to prohibit this practice. MOTION (Crane /Keil) Postpone until June 24 and suspend en- forcement against Cie' Caffe until the end of the summer season. Motion Passed. Unanimous The City Clerk and City Attorney were instructed to prepare amendments to the proposed procedures as previously recommended by the appointed staff. Councilmember King also requested that they prepare an amendment "grandfathering" the Cle' Caffe sublease. RECESS: The Council recessed at 8:50 p.m. and reconvened at 8:59 p.m. Revolution No. 96 -077, authorizing the development of a skate park at the Adams Street Pavilion and appropriating funds MOTION (Crane /Sieminski) Approve Resolution No. 96 -077. y_'s �/ City of Seward, Alaska City Council Minutes June 10, 1996 Volume 32, Page 149 The Council discussed the location, cost, liability and other issues related to development of the skate park. King suggested relocation to the Benny Benson Memorial Park. MOTION (Crane /Sieminski) Motion Passed. VOTE ON RESOLUTION AS AMENDED Amend by changing the location to an area adjacent to the volleyball court north of the Adams Street Pavilion. YES: Anderson, Crane, Deeter, Keil, Sieminski NO: King Motion Passed. YES: Anderson, Crane, Deeter, Keil, Sieminski NO: King Resolution No. 96 -078, approving a mutual release and settlement agreement with Inlet Fisheries, Inc., and Inlet Fish Producers, Inc., and approving a lease assignment by Inlet Fish Producers, Inc., to Polar Equipment, Inc., dba Cook Inlet Processing MOTION (Crane / Deeter) Approve Resolution No. 96 -078. Motion Passed. Unanimous INFORMATIONAL ITEMS AND REPORTS Yanez reported on the status of the hospital including existing contracts and current personnel. Anderson commented that Providence planned to hold a mini - health fair in the near future. COUNCIL COMMENTS KEIL thanked those who sponsored her on the Walk for Hope. CRANE thanked Garzini and Klinkner for their success in keeping many legal issues out of court. He requested the most recent shiplift inspection report completed by Lloyd's of London. ANDERSON explained the reason for deleting proposed Ordinance No. 96-17, requiring art in public buildings. She stated that it was beneficial to receive input from the Historic Preservation Commission prior to introducing the ordinance. y l`ib City of Seward, Alaska City Council Minutes June 10, 1996 Volume 32, Page 150 CITIZENS' COMMENTS CAROL JAFFA, Mile 35 Seward Highway, read a letter of support from her husband regarding the development of the skate park and continuation of operation of the Cle' Caffe in the harbor. She stated that she planned to donate $1,000 towards the skate club to help with costs. CINDY ECKLUND, 806 Second Avenue, apologized to the city manager for the confusion surrounding her coffee cart business. She thanked him for spending the time to review the issues with her. DARRYL SCHAEFERMEYER, SeaLife Center Project Administrator, stated that $1.5 million had been included in the SeaLife Center budget for art. BOB VALDATTA, 528 Fifth, commented on the contents included in the RFP for re- development of the sawmill site at the Marine Industrial Center. He encouraged the city to carefully review the details. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned at 9:55 p.m, and, following a short recess, the Council met in executive session to discuss Seward Forest Products lease issues, the immediate knowledge of which could have an adverse effect on the City's finances. ,f City Clerk rY UP.yg )r r ,a .. ON V ' Margaret Anderson Vice Mayor City of Seward, Alaska City Council Minutes June 24, 1996 Volume 32 Page 151 CALL TO ORDER The June 24, 1996, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Councilmember Sieminski led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Dave W. Crane Darrell Deeter Jerry King Bruce Sieminski comprising a quorum of the Council; and Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk ABSENT were: Margaret Anderson - excused Marianna Keil - excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. A check was presented to representatives of the Youth Center by Mayor Bencardino on behalf of Destination Seward Motorcycle Club. Borough Assembly Report. Assemblymember Mike Wiley reported on action taken at the most recent assembly meeting. City Manager's Report. Rick Gifford, Acting City Manager, reported that Garzini was on vacation until July 1. He noted that the Administration requested a work session on July 8 to discuss the boardwalk lease policies and recommended that Council postpone action on,proposed Resolution No. 96 -073 until the July 8 meeting. Gifford wished everyone a great 4th of July holiday and reminded citizens that fireworks were prohibited throughout the Kenai Peninsula Borough. -5 City of Seward, Alaska City Council Minutes June 24 1996 Volume 32, Page 152 Parking/Traffic Plan Update. Student Intern Derek Soden stated that he was collecting parking and traffic data as part of his summer project to assess the turnover rate in parking lots and in the downtown area and to project what impacts the SeaLife Center would have on both parking and traffic. Hospital Transition Update. Yanez reported that Providence was currently interviewing hospital employees and would be offering jobs to a number of them. He added that any dislocated employees would have an opportunity to attend various career counseling sessions presented by the Department of Community and Regional Affairs. Yanez noted that Providence would assume operation of the hospital, clinic and physical therapy on July 1, and on July 2 there would be a celebration for the community. In answer to a concern about uncollectible parking fines, Gifford explained the City's collection process. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. WILLARD DUNHAM, Dimond and Alder, spoke in opposition to approval of Resolution No. 96 -083, adopting the cemetery management plan, without holding additional public hearings and receiving additional community input. KAREN SWARTZ, Second Avenue, favored fencing the city cemetery in order to deter vandalism. She favored keeping the cemetery plan simple rather than adopting numerous regulations. She asked the Council to postpone action on Resolution No. 96 -083 until the public had an opportunity to review the plan. LOUIE MARCH, Mile 5.5 Seward Highway, spoke in opposition to Resolution No. 96- 082, transferring $215,000 from the Electric Fund to Seward General Hospital. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (King /Crane) Approve the Agenda and Consent Agenda. Murphy noted a typographic error on the attachment to Resolution No. 96 -079. Deeter moved Resolution No. 96-082 to the regular agenda. Sieminski added discussion of the skateboard park to Unfinished Business. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: City of Seward, Alaska City Council Minutes June 24, 1996 Volume 32, Page 153 The June 10, 1996, regular meeting minutes were approved as written; Ordinance No. 96-18, amending Title 6, purchasing, contracts and professional services, to establish requirements for contractors and vendors to be in compliance with Kenai Peninsula Borough tax provisions and City of Seward utility, other fee provisions and city business license, was introduced and public hearing was set for July 8; Ordinance No. 96-19, amending the Seward Land Use Plan and Zoning for Lots BE, BF, BK, and BL, Forest Acres Subdivision, was introduced and public hearing was set for July 8; Ordinance No. 96 -20, amending Seward City Code Section 2.30.220 to provide for a mandatory adjournment time for the Planning and Zoning Commission, was introduced and public hearing was set for July 8; Ordinance No. 96 -21, amending Seward City Code Section 5.35.040 by creating a sales tax exemption for acupuncturists, was introduced and public hearing was set for July 8; Ordinance No. 96 -22, amending Seward City Code Section 8.30.025, application for a business license, was introduced and public hearing was set for July 8; Resolution No. 96-079, extending the animal control contract through June 30, 1997, was approved; Resolution No. 96-080, approving an open purchase order to Seward Building Supply for rental of portable toilets for use in parks and campgrounds, was approved; and Resolution No. 96 -081, increasing the contract amount for Phase 11, Seward Hospital Transition, with Alaska Health Care Management Associates, was approved. UNFINISHED BUSINESS Items postponed from previous agenda: Resolution No. 96 -073, adopting lease policies and procedures governing the small boardwalk lease sites in the Small Boat Harbor MOTION (Deeter /Crane) Postpone action on Resolution No. 96 -073 until July 8, 1996. Motion Passed. Unanimous City of Seward, Alaska City Council Minutes June 24 1996 Volume 32, Page 154 Other Unfinished Business: Location of proposed skateboard park. Sieminski stated that he had received considerable objection from the citizens, and he preferred to hold a work session to discuss the location of the skateboard park. King and Deeter agreed and stated that they had received many phone calls objecting to the site north of the Adams Street Pavilion. NEW BUSINESS Resolutions Resolution No. 96 -082, establishing the Seward Hospital Debt Service Fund MOTION (Crane / Deeter) Approve Resolution No. 96 -082. In answer to a question from Deeter, Gifford explained that $100,000 would be used to pay the accrued annual leave of former Seward General Hospital employees and $115,000 would be paid towards the hospital's PERS debt. He stated that the only alternative was to fund these payments from the General Fund's Fund Balance. In answer to a question from Sieminski and Crane, Calvert explained that the city had been over - billed $6,000 per month by Chugach Electric over a period of three years. He stated that the funds were not included in the rate study which was used to determine rates for utility customers and the overcharge had not been passed through to the customers. MOTION (Crane /King) Amend by deleting Section 2 and renumbering the subsequent sections. Motion Passed. YES: Bencardino, Crane, Deeter, King NO: Sieminski VOTE ON RESOLUTION AS AMENDED Motion Passed. YES: Bencardino, Crane, Deeter, King NO: Sieminski Resolution No. 96 -083, adopting the Seward Community Cemeteries Management Plan MOTION (King /Crane) Approve Resolution No. 96 -083. MOTION (Deeter /King) Postpone until July 8. City of Seward, Alaska City Council Minutes June 24, 1996 Volume 32 Page 155 Motion Passed. Unanimous Resolution No. 96 -084, approving settlement agreements with Frank Irick and George Atkinson concerning delinquent special assessments on properties in the Jesse Lee Heights area MOTION (Crane /King) Approve Resolution No. 96 -084. Motion Passed. YES: Bencardino, Crane, Deeter, King NO: Sieminski Resolution No. 96 -085, approving a settlement agreement with Manfred Dietrick concerning delinquent special assessments on property in the Jesse Lee Heights area MOTION (Deeter /Crane) Approve Resolution No. 96 -085. Motion Passed. YES: Bencardino, Crane, Deeter, King NO: Sieminski INFORMATIONAL ITEMS AND REPORTS None. COUNCIL COMMENTS The Council scheduled a work session on Monday, July 8, to discuss the proposed Cemeteries Management Plan and boardwalk lease policies and procedures. The City Clerk was also instructed to schedule the Cemeteries Management Plan for public hearing at the regular meeting on July 8. CRANEasked for a report on the campground rates for spaces with electrical hook -ups. He urged the public to send written comments if they could not attend the July 8 work session or public hearing. BENCARDINOstated that the ribbon cutting ceremony for the Alaska SeaLife Center was well attended. CITIZENS' COMMENTS LOUIE MARCH, Mile 5.5 Seward Highway, discussed electrical issues in Fairbanks and urged the Council to sell the Seward Electric Utility. He objected to using Electric Fund money for hospital use. 156 City of Seward, Alaska City Council Minutes June 24 1996 Volume 32, Page 156 BOB VALDATTA, 528 Fifth Avenue, objected to the Providence plan to hire part-time employees who would be denied benefits. He also stated that the dock at SMIC needed repairs. WILLARD DUNHAM, Alder and Dimond, thanked Mayor Bencardino for his comments on the Alaska SeaLife Center ribbon cutting ceremony that was attended by 95 people. He asked about the status of the North Forest Acres access road and suggested setting up a vehicle count system in this area. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS KING replied that the hospital employees at Providence would receive the same pay as other Providence employees plus a five percent cost of living allowance. Yanez stated that Providence provided benefit packages to all of its employees. ADJOURNMENT The meeting was adjourned at 9:24 p.m. Linda S./Mur�hy, CMC/ City jIPr. pw d° o uis A. encardino Mayor City of Seward, Alaska July 8, 1996 CALL TO ORDER City Council Minutes Volume 32, Page 157 The July 8, 1996, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Councilmember Sieminski led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Jerry King Darrell Deeter Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Thomas F. Klinkner, City Attorney Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk ABSENT was: Marianna Keil - excused SPECIAL ORDER, PRESENTATIONS AND REPORTS Borough Assembly Report. Assemblymember Mike Wiley reported on the upcoming assembly meeting scheduled for July 9. City Manager's Report. Garzini reported that a work session would be held at 6:00 p.m. to discuss the issuance of a request for proposals to lease the historic railroad depot building, city ballfields and certain property in the harbor area and a proposal to offer certain excess city property for sale by public bid or auction. He stated that the lease with Providence Alaska Medical Center was complete and in compliance with the terms approved by the Council. Yanez reported that the transition took place on July 1 and the Providence Seward Medical center was in operation. Garzini noted receipt of a letter from Yochon City, Korea, inviting the Council and citizens of Seward to visit in October. City of Seward, Alaska City Council Minutes July 8, 1996 Volume 32, Page 158 Garzini noted the receipt of complaints about parking tickets once again. He stated that there was definitely a problem with capacity and management. Sieminski stated that the collection of parking fines should be enforced rather than written off as noted in a memorandum received by the Council. Garzini stated that the write -off was an accounting function, and the city was continuing to pursue collection. Gifford explained collection procedures. Garzini informed the Council that he would provide a report outlining the procedures for collection of parking ticket fines. City Attorney's Report. Klinkner reported that the lease between the City and the Sisters of Providence had been completed, and most of the claims on the Jesse Lee Heights delinquents assessments had been settled. Other Reports, Announcements and Presentations. Port Board Annual Report. Vice Chairman Doug Lechner reported on action taken by the Board during the past year including involvement with the representatives from Yochon City, Korea, completion of an information brochure with the assistance of the Chamber of Commerce and support for legislation regarding value added products which was signed into law by Governor Knowles. He stated that the Board had made many changes including change of meeting place and time, modification of the agenda format and procedural changes to ensure proper meeting decorum. Port and Commerce Advisory Board Applicants. Murphy noted that Dunham and Anderson were not present. Doug Lechner stated that the Board had been working well with the Council and city administration. He asked the Council to consider his reappointment to the Board. Alaska SeaLife Center Update. Darryl Schaefermeyer stated that receptions were being held for candidates being interviewed for the position of Executive Director. He noted that selection would be completed by the end of July and the position would be filled by the beginning of August. He invited the Council to visit and walk through the construction site each month to view the progress. Roe Sturgulewski updated the Council on the status of construction. He stated that 60 percent of the 50 workers were hired locally. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. HEATHER MacQUARRIE, 605 Port Avenue, requested permission from the Council to move their vendor site from between the Landing and Ray's Waterfront to a place adjacent to the Harbormaster's building. She stated that pedestrian traffic in the parking lot where they were located was minimal and business had been very slow. . I -. r " City of Seward, Alaska City Council Minutes July 8, 1996 Volume 32, Page 159 The Council had no objection to relocation of Site C to the harbor plaza for the remainder of the season. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson / Deeter) Approve the Agenda and Consent Agenda. Deeter moved Resolution No. 96 -086 to the regular meeting agenda. Murphy noted that Resolution No. 96 -090 had been deleted from the agenda. Bencardino declared a conflict of interest on the request for approval of transfer of a liquor license from Seward Trading Company to Louis Bencardino and Dixie Dianne Carlson- Bencardino and noted that he would abstain on this item. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: The June 24, 1996, regular meeting minutes were approved as written; Resolution No. 96 -089, accepting a $7,000 Alaska Public Library Assistance Grant and appropriating funds, was approved; and Application for transfer of a liquor license from Seward Trading Company to Louis Bencardino and Dixie Dianne Carlson - Bencardino was approved and the clerk was directed to send a letter of non - objection to the ABC Board. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment. Ordinance No. 96 -18, amending Title 6, purchasing, contracts and professional services, to establish requirements for contractors and vendors to be in compliance with Kenai Peninsula Borough tax provisions and City of Seward utility and other fee provisions, and City business license 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 /Crane) Enact Ordinance No. 96 -18. IL ff City of Seward, Alaska City Council Minutes July 8, 1996 Volume 32, Page 160 Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Sieminski NO: King Ordinance No. 96 -19, amending the Seward Land Use Plan and zoning for Lots BE, BF, BG, BK and BL, Forest Acres Subdivision Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. SANDRA SCHAFER, 2501 Maple Street, thanked the Council and others for their assistance with the requested rezone of their property. No one else appeared in order to be heard, and the public hearing was closed. MOTION (Crane / Deeter) Motion Passed. Enact Ordinance No. 96 -19. Unanimous Ordinance No. 96 -20, amending Seward City Code § 2.30.220 to provide for a mandatory adjournment time for the Planning and Zoning Commission 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 /Anderson) Motion Passed. Enact Ordinance No. 96 -20. Unanimous Ordinance No. 96 -21, amending Seward City Code § 5.35.040 by creating a sales tax exemption for acupuncturists 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 /Deeter) Motion Passed. Enact Ordinance No. 96 -21. Unanimous City of Seward, Alaska City Council Minutes July 8, 1996 Volume 32, Page 161 Ordinance No. 96 -22, amending Seward City Code § 8.30.025, application for a business license 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 /Crane) Enact Ordinance No. 96 -22. MOTION (King /Deeter) Amend Section 2, subsection C7, by delet- ing requirement to verify property tax. King stated that the City should not be concerned with the status of property taxes of those businesses outside the city limits. Crane stated that all businesses should be in compliance with city, state and borough laws regardless of where they lived. VOTE ON AMENDMENT Motion Failed. YES: King NO: Anderson, Bencardino, Crane, Deeter, Sieminski VOTE ON MAIN MOTION Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Sieminski NO: King Resolutions Requiring Public Hearing Resolution No. 96 -083, adopting the Seward Community Cemeteries Manage- ment Plan Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. At the request of BARBARA BARNES, Murphy read the following into the record: I am not usually one to voice my opinion about City Council business; however, I find that I must this time. I feel that more public input and discussion be held on the issue of the cemetery before you proceed. Perhaps you could postpone dealing City of Seward, Alaska City Council Minutes July 8, 1996 Volume 32, Page 162 with it until this fall when we have had the opportunity to fully evaluate the pros and cons of this major change. Thank you for the opportunity to voice by opinion. No one else appeared in order to be heard, and the public hearing was closed. Murphy noted that the resolution was postponed from the last meeting, and there was a motion on the floor for approval. Crane stated that the resolution was on the floor for approval of a cemetery management plan. Anderson agreed stating that any rules or regulations would be approved by ordinance following public hearing. She added that this was a starting point to begin the process of managing the cemetery. Bencardino stated that he would appoint a committee to address this issue at the July 22 meeting. VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Sieminski NO: King UNFINISHED BUSINESS Items Postponed from Previous Agenda. Resolution No. 96 -073, adopting lease policies and procedures governing the small boardwalk sites in the Small Boat Harbor. Murphy noted that this resolution had been postponed from the June 24 meeting, and there was a motion for approval on the floor. Garzini recommended defeat of the resolution at this time until more input was received from the public. VOTE ON MOTION Motion Failed. Unanimous Bencardino appointed Councilmembers Crane and King to a committee to work with the City Manager, City Clerk and City Attorney to develop a new resolution for presentation to the Council in the fall. He instructed to committee to seek input from current boardwalk lessees and the public. NEW BUSINESS City of Seward, Alaska City Council Minutes July 8, 1996 Volume 32, Page 163 Resolution No. 96 -086, approving Amendment No. 7 to the Kent Dawson Company contract for lobbying services through June 30, 1997 MOTION (Sieminski /Crane) Approve Resolution No. 96 -086. Deeter asked for the amount to be paid to Dawson during FY 1997. Garzini replied that he would be paid $70,000 plus up to $3,000 per diem, the same amount as had been paid in previous years. He stated that Dawson, one of the best municipal lobbyists in the state, had performed extraordinarily for the city over the past 15 years. VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Crane, King, Sieminski NO: Deeter Resolution No. 96 -087, authorizing the City Manager to petition the Alaska Department of Transportation and Public Facilities to open negotiations of the Boat Harbor Use Agreement MOTION (Anderson /Deeter) Approve Resolution No. 96 -087. Garzini stated that it was in the city's interest to open negotiations on the harbor agreement with the state. He recommended committing 15 percent of harbor revenues to capital improvements rather than the set amount of $150,000. He also recommended that the city assume management of the harbor. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 96 -088, amending City Council Rules of Procedure, Rule 39, Council Travel MOTION (Sieminski /Deeter) Approve Resolution No. 96 -088. Murphy explained the current council rules on travel. Deeter stated that he had sponsored the resolution because he wanted to know when elected or appointed officials traveled. He further recommended that, following each trip, a report would be given to the council. Anderson agreed. VOTE ON MOTION UN City Council Minutes City of Seward, Alaska Volume 32, Page 164 July 8, 1996 Motion Passed. Unanimous Other New Business Items. Continuation of Port and Commerce Advisory Board through 6/30/97. MOTION (Anderson /Sieminski) Continue Port and Commerce Advisory Board through 6/30/97. Motion Passed. Unanimous Appointment of Port and Commerce Advisory Board members. MOTION (Anderson /Sieminski) Motion Passed. COUNCIL COMMENTS Appoint Sharon Anderson, Doug Lechner and Willard Dunham to three -year terms to expire 7/99. Unanimous DEETER noted a commendation given to the Seward Police Department, Seward General Hospital, volunteer EMT's and a local pilot who volunteered his time and airplane to fly an injured youth to Anchorage for medical care. In answer to a question about local oil spill response preparedness, GARZINI stated that he would research the issue and report to Council. DEETER asked how many hospital employees had been rehired by Providence. GARZINI replied that he did not have that information since the hospital was still in transition but he would provide a report at the next meeting. DEETER thanked all the volunteers for their help with the 4th of July celebration. CRANE thanked the city clerk's office for providing needed information in a timely manner and the Parks and Recreation Department for providing information on the campgrounds. He stated that he supported the development of a sister city relationship with Yochon. ANDERSON thanked Yanez for his dedication and hard work as hospital administrator during the transition and Garzini for bringing Providence to the table to negotiate an agreement for health care. She noted that Providence Seward Medical Center had held a grand opening ceremony on July 2 that was well attended. In answer to a question about the newly installed fence in front of the Suneel property, GARZINI stated that it had been installed to lessen liability and keep pedestrians away from the coal loading equipment. BENCARDINO encouraged everyone to observe the peace pole that had been installed on the south side of city hall. He noted that a record number of people had visited Seward for the 4th of July celebration. F1 City of Seward, Alaska City Council Minutes July 8, 1996 Volume 32, Page 165 CITIZENS' COMMENTS DOUG LECHNER, 2000 Phoenix Road, thanked the Council for reappointing him to the Port Board. He encouraged the Council to rethink the areas of operation for vendors selected by lottery. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS GARZINI stated that the Council should seek proposals for vendor sites next year and adopt concrete rules for vendors. Murphy stated that this was the first year vendors had been allowed on public property, and the Council should discuss this issue after the sunnner season ended. ADJOURNMENT The meeting was adjourned at 9:20 p.m. A mda S. Iurp y, C`MC1 Clp4ty:.Clerk �' V � � 4> ^ (qty Seal ) ' n . �• s City of Seward, Alaska City Council Minutes July 15, 1996 Special Meeting Volume 32, Page 165 CALL TO ORDER The July 15, 1996, special meeting of the Seward City Council was called to order at 7:10 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Councilmember Sieminski led the pledge of allegiance to the flag. 66 City of Seward, Alaska City Council Minutes July 15, 1996 Special Meeting Volume 32, Page 166 ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Marianna Keil Bruce Sieminski comprising a quorum of the Council; and Dave W. Crane Jerry F. King Ronald A. Garzini, City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk ABSENT Darrell Deeter (excused) CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None APPROVAL OF AGENDA MOTION (Anderson /Crane) Approve the Special Meeting Agenda. Motion Passed Unanimous RESOLUTIONS Resolution No. 96 -091, awarding a contract to Homeland Enterprises for construction of a skate park in Waterfront Park and appropriating funds. MOTION (Anderson /Crane) Approve Resolution No. 96 -091 Substitute. Murphy explained that the resolution in the Council packets did not include the appropriation of funds needed to complete this project and the substitute resolution before the Council provided for the appropriation of approximately $9800 from funds designated for Community Center Renovations. Manager of Engineering and Utilities Dave Calvert reviewed the planned project and noted various amenities which had been added to the original design. In response to a question from King, Finance Director Gifford stated that the addition of a skate park to the Waterfront Park had been discussed with the City's insurance broker and had been assured that the City's liability insurance would cover the site. City of Seward, Alaska City Council Minutes July 15, 1996 Special Meeting Volume 32, Page 167 VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Crane, Keil, Sieminski NO: King CITIZENS' DISCUSSION None COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 7:20 p.m. �i�.Cler (City Seal) p City of SeiVar`d,'Alaska City Council Minutes July 15, 1996 Board of Adjustment Hearing Volume 32, Page 167 CALL TO ORDER The July 15, 1996,Board of Adjustment Hearing was called to order at 7:30 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Waived. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Marianna Keil Jerry King Bruce Sieminski irAra City of Seward, Alaska City Council Minutes July 15, 1996 Board of Adjustment Hearing Volume 32, Page 168 comprising a quorum of the Council; and Ronald A. Garzini, City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk ABSENT was: Darrell Deeter (excused) APPROVAL OF AGENDA MOTION (Sieminski /Keil) Approve the Agenda and Consent Agenda. Motion Passed. Unanimous BOARD OF ADJUSTMENT HEARING Snowden appeal of Planning Commission's denial of his request to amend a conditional use permit for construction of a hotel in the small boat harbor. Murphy presented a brief history of the conditional use permit since its issuance on June 3, 1993. She stated that Mr. Snowden had appealed the decision of the Planning and Zoning Commission to deny his request to delete three conditions; (I) extension of the boardwalk along the shoreline to a point that would access the train passenger shelter, (ii) relocation of the RV dump station to either the Chamber of Commerce visitor center or Waterfront Park and (iii) relocation and paving of Fourth Avenue near the project site. Murphy explained the procedures that the Council should follow while sitting as a quasi - judicial body in considering the facts presented on the appeal. She further outlined the options available to the Council after hearing presentations by the appellant and the City. BRAD SNOWDEN, 525 Sixth Avenue, stated that he would address each of the three conditions under appeal separately. He stated that he objected to bearing the cost of constructing public improvements outside of the property under his control. He asked for a guarantee that the City would pay the costs of the three conditions once the hotel was constructed and a certificate of occupancy was issued. Boardwalk construction. Snowden stated that he had paid for the cost of designing and engineering the boardwalk, but since it was a public facility, public funds should he used for the construction. He stated that he realized that other lessees had built the boardwalk along their lease sites, but it was not right to require a private business to pay for the cost of a public facility. He 1vL City of Seward, Alaska City Council Minutes July 15, 1996 Board of Adjustment Hearing Volume 32, Page 169 asked the City to pay the minimal cost to construct the boardwalk and he would absorb the additional cost of building over the water. RV Dump Station. Snowden stated that the dump station had been constructed approximately 20 years ago. He claimed that the City had been trying to determine where to relocate the dump station for at least five years before he presented his proposal to construct the hotel. Fourth Avenue relocation. Snowden stated that the road adjacent to the hotel site was constructed more than 20 years ago. He noted that the City held a right -of -way permit for the road from the Alaska Railroad that would expire in 1999. He stated that he had paid for the engineering of the road relocation, the Alaska Railroad agreed to pay for relocation of the section on its property, and he was asking the City to pay for relocation on its property. Snowden asked the Council to consider each condition separately. He added that he was willing to work with the City Administration to come up with a solution on how to pay for the three projects. He stated that the hotel would benefit the entire town by providing jobs, income and revenue from taxes. KERRY MARTIN, Community Development Director, stated that Snowden had applied for a conditional use permit as a condition of his lease with the Alaska Railroad. He noted that the original site plan indicated that the hotel project crossed the existing road, and in order to accommodate Snowden's design the road would have to be removed or relocated. He noted that relocation of the road would necessitate the relocation of the RV dump station. Martin added that Snowden's plans also resulted in the loss of several parking spaces in the harbor. After considering the impacts this project would have on public facilities, the Commission had determined that Snowden should bear any costs for relocation of public facilities that resulted from the construction of the project. Martin stated that Mr. Snowden's assertion that the City had been searching for a site to relocate the dump station prior to 1993 was false. Rather, the Chamber of Commerce had at one time suggested moving the dump station to a site adjacent to its offices which would allow the Chamber to operate the station as a fund- raiser for the organization. However, the City had never agreed to such a move and had never included this project on any of its capital projects lists. Martin also stated that other boardwalk lessees had built their section of the boardwalk as a condition of their individual leases with the City. Garzini noted that Snowden had negotiated and signed a development agreement with the City in 1995, and this agreement required compliance with the conditions set forth in the conditional use permit. .i tj City of Seward, Alaska City Council Minutes July 15, 1996 Board of Adjustment Hearing Volume 32, Page 169 asked the City to pay the minimal cost to construct the boardwalk and he would absorb the additional cost of building over the water. RV Dump Station. Snowden stated that the dump station had been constructed approximately 20 years ago. He claimed that the City had been trying to determine where to relocate the dump station for at least five years before he presented his proposal to construct the hotel. Fourth Avenue relocation. Snowden stated that the road adjacent to the hotel site was constructed more than 20 years ago. He noted that the City held a right -of -way permit for the road from the Alaska Railroad that would expire in 1999. He stated that he had paid for the engineering of the road relocation, the Alaska Railroad agreed to pay for relocation of the section on its property, and he was asking the City to pay for relocation on its property. Snowden asked the Council to consider each condition separately. He added that he was willing to work with the City Administration to come up with a solution on how to pay for the three projects. He stated that the hotel would benefit the entire town by providing jobs, income and revenue from taxes. KERRY MARTIN, Community Development Director, stated that Snowden had applied for a conditional use permit as a condition of his lease with the Alaska Railroad. He noted that 9r. the original site plan indicated that the hotel project crossed the existing road, and in order to accommodate Snowden's design the road would have to be removed or relocated. He noted that relocation of the road would necessitate the relocation of the RV dump station. Martin added that Snowden's plans also resulted in the loss of several parking spaces in the harbor. After considering the impacts this project would have on public facilities, the Commission had determined that Snowden should bear any costs for relocation of public facilities that resulted from the construction of the project. Martin stated that Mr. Snowden's assertion that the City had been searching for a site to relocate the dump station prior to 1993 was false. Rather, the Chamber of Commerce had at one time suggested moving the dump station to a site adjacent to its offices which would allow the Chamber to operate the station as a fund- raiser for the organization. However, the City had never agreed to such a move and had never included this project on any of its capital projects lists. Martin also stated that other boardwalk lessees had built their section of the boardwalk as a condition of their individual leases with the City. Garzini noted that Snowden had negotiated and signed a development agreement with the City in 1995, and this agreement required compliance with the conditions set forth in the conditional use permit. REQUEST FOR EXECUTIVE SESSION 11.,E City of Seward, Alaska City Council Minutes July 15, 1996 Board of Adjustment Hearing Volume 32, Page 170 MOTION (Anderson /Crane) Motion Passed. ADJOURNMENT Meet in executive session in order to deliberate and prepare findings of fact and conclusions of law. YES: Anderson, Bencardino, Crane, Keil, King NO: Sieminski The meeting was adjourned at 7:58 p.m., and, following a short recess, the Council met in executive session to discuss the appeal and prepare findings of fact and conclusions of law. .(City Seal) m a �e ouis . Bencardino Mayor City of Seward, Alaska City Council Minutes July 22, 1996 Volume 32, Page 170 CALL TO ORDER The, July 22, 1996, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Vice Mayor Margaret Anderson led the pledge of allegiance to the flag. ROLL CALL There were present: rr City of Seward, Alaska City Council Minutes July 22, 1996 Volume 32, Page 171 Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Eric Wohlforth, City Attorney Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk ABSENT was: Darrell Deeter - excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. City Clerk Murphy read a proclamation proclaiming August 6, 1996, as Cameron Reitmeier Recognition Day recognizing his achievements leading to award of the rank of Eagle Scout. Mayor Bencardino congratulated Mr. Reitmeier for his accomplish- Lm ment and presented the proclamation and a city pin to him. The Mayor also presented two awards for Financial Reporting Achievement from the Government Finance Officers Association to Finance Director Rick Gifford, Controller Kris Erchinger and the Finance Department. Borough Assembly Report. Assemblymember Mike Wiley reported on action taken at the most recent assembly meeting. He stated that local Planning Commissioner Wayne Carpenter had been reappointed to the Borough Planning Commission. City Manager's Report. Garzini complimented Rick Gifford and Kris Erchinger for improving and managing the finance department as indicated by receipt of the financial reporting award. He distributed a memorandum to the Council explaining the procedure for collection of amounts owed on parking tickets. He noted that Tom Klinkner had resigned from the firm, Wohlforth, Argetsinger, Johnson and Brecht, and that Eric Wohlforth would assume the responsibility of lead attorney for the City of Seward. He reported on the draft construction schedule provided by Providence Seward Medical Center. He introduced Colleen Bridge, who discussed the design and other aspects of the project. She stated that a presentation would be given to the City Council at a later date. City Attorney's Report. Eric Wohlforth reported that Tom Klinkner had moved to another firm and that he (Wohlforth) would serve as the City's lead attorney for the foreseeable '72 City of Seward, Alaska City Council Minutes July 22, 1996 Volume 32, Page 172 future. He noted that he would attend future Council meetings at the Council's direction. He stated that he was currently working on an upcoming bond issue for the city. Other Reports, Announcements and Presentations. Ali Smith - Biathlon safety rules report. Smith reported on safety issues raised by the Council regarding the proposed biathlon range to be located at Mile 12. 1996 Obihiro /Seward Sister City Exchange Students. Katy Turnbull, Secretary of Seward International Friendship Association, thanked the City Council for its support of the exchange program each year. She introduced Seward students Matt Hohl, Andrea Prebys, David Turnbull and Jesse Gifford, and Obihiro students Takaaki Hirose, Akiko Uemitsu, Ayako Kusano and Yumi Okazaki. Each Japanese student gave a brief presentation and thanked the Council and the community for inviting them to Seward to experience American culture. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. STU CLARK, 1129 Cliff View Place, objected to Ordinance No. 96 -23, amending the Land Use Plan and rezoning Lots 1 -16, Block 8, Original Townsite to Central Business District. He distributed a letter outlining his views on future development of the community. BRAD SNOWDEN, 525 Sixth Avenue, objected to Resolution No. 96-095 which confirmed the decision of the Planning and Zoning Commission's denial of his request to delete three conditions from his conditional use permit to construct a hotel in the small boat harbor. MIKE WILEY, 550 Railway, supported Ordinance No. 96 -23 and outlined the history of zoning in parts of the downtown area. He stated that the rezone to Central Business District was supported by those residents living in the affected area. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson /Keil) Approve the Agenda and Consent Agenda. Anderson moved Resolution No. 96 -090 to the regular meeting agenda. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Ordinance No. 96 -23, amending the Seward Land Use Plan and Zoning for Lots 1 -16, Block 8, Original Townsite of Seward, to Central Business District, was introduced and set for public hearing on August 12, 1996; City of Seward, Alaska City Council Minutes July 22, 1996 Volume 32, Page 173 Resolution No. 96 -092, accepting a $7,386 Alaska Institutional Services grant for the library and appropriating funds, was approved; Resolution No. 96 -093, authorizing the extension of a special services contract between the City and the Alaska Department of Public Safety to provide dispatch and clerical services to Public Safety employees in the Seward area through June 30, 1997, was approved; The July 8, 1996, regular meeting minutes; July 15, 1996, special meeting minutes; and the July 15, 1996, Board of Adjustment meeting minutes were approved as written; A memorandum from the Harbormaster reporting on the city's oil spill response capabilities was noted for information; and A request by the Chamber of Commerce to release FY97 funds designated for the Chamber of Commerce was noted without objection. NEW BUSINESS Resolution No. 96 -090, approving an agreement between the City and the Seward Volunteer Ambulance Corps for the provision of and support of emergency medical services response within the City MOTION (Anderson /Kell) Approve Resolution No. 96 -090. Garzini informed the Council that the agreement was basically the same as the prior agreement between the Seward Volunteer Ambulance Corps (SVAC) and the City. He explained that the City would continue to provide insurance coverage to SVAC as budgeted. Motion Passed. Unanimous Resolution No. 96 -094, approving hospital extended liability insurance coverage and appropriating funds MOTION (Crane / Sieminski) Approve Resolution No. 96 -094. Garzini explained the need for the City to obtain extended liability insurance to provide Tail Policy coverage for any possible future claims arising from past actions by the hospital and clinic staff prior to the transfer of Seward General Hospital to Providence on July 1, 1996. In answer to a question from Sieminski, Wohlforth stated that the statute of limitations for filing claims was generally seven years but could be different depending on various issues. The Council held a discussion about past liability insurance coverage related to the hospital. Motion Passed. Unanimous City of Seward, Alaska City Council Minutes July 22, 1996 Volume 32, Page 174 Resolution No. 96 -095, confirming the decision of the Planning and Zoning Commission to deny Brad Snowden's requested amendments to a conditional use permit to construct a hotel in the small boat harbor MOTION (Crane /Anderson) Approve Resolution No. 96 -095. Motion Passed. Unanimous. Other New Business Items. Shift differential premium in hourly wages. Garzini informed the Council that several employees were working a 2:00 p.m. to 10:00 p.m. shift which was paid at the regular rate. He noted that he had denied a request for shift differential pay by the affected employees in accordance with Seward City Code §3.15.060 E. which identified the shifts that were eligible for the different rates of pay. Garzini stated that he would provide a report to clarify the code language. COUNCIL COMMENTS KEIL stated that she had received complaints of excess trash left after the 4th of July celebration. She congratulated Cameron Reitmeier on his achievements and she informed the public of the upcoming Children's Ice Cream Theater which would be presenting plays performed by children. KING reported on action taken at the July 10, 1996, Planning and Zoning Commission meeting. CRANE welcomed Wohlforth as the City's lead attorney. He also congratulated the Finance Department on receipt of the financial reporting award and Cameron Reitmeier on his accomplishments. ANDERSON also congratulated the Finance Department and Reitmeier, and she thanked the Engineering Department for its quick response to a complaint about the construction of a building near the railroad dock. She stated that it would be in the public interest for the City and the Alaska Railroad to work together on land, street and dock improvements. BENCARDINO stated that he was proud of Cameron Reitmeier's accomplishments and contributions to the community. He also thanked the American Legion for welcoming guests to Seward. He stated that the City should contact Senator Stevens to assist with needed improve- ments to the remainder of Exit Glacier Road. City of Seward, Alaska City Council Minutes July 22, 1996 Volume 32, Page 175 CITIZENS' COMMENTS STU CLARK, 1129 Cliff View Place, asked the Council and public to study the land development plan that he had written and distributed to the Council and public at the beginning of the meeting. BRAD SNOWDEN, 525 Sixth Avenue, discussed inconsistencies in his boardwalk lease with the City of Seward. RANDY MC FARLAND, Mile 6, Seward Highway, stated that the Chamber Trolley and the Seaman's Mission van were operating as vehicles for hire without the proper license plates and in possible violation of city law. He asked the Council to resolve the problem. CAMERON REITMEIER, 605 Sixth Avenue, thanked the City for the proclamation and all those who helped with his Eagle Scout project. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS In answer to the complaint by McFarland, MURPHY explained that the Chamber trolley was licensed as a bus and the Chamber of Commerce had been notified that it was operating in violation of the City Code which prohibited buses from off - loading or on- loading passengers from any place except designated stops along a scheduled route. She further explained that the Seaman's Mission vehicle was used only for transport of its patrons without a fee and was not subject to the City's permitting process. GARZINI told the Council that the City would resolve the taxi problems. He notified the Council that he planned to install handicap accessible restrooms on the railroad dock in accordance with the City's lease agreement with the State Ferry System. CRANE agreed that the Exit Glacier Road needed to be improved. ADJOURNMENT The meeting was adjourned at 9:34 p.m. °f4ny , jeai). 'A Y d n 9 " �1FI ➢Ia A�� City of Seward, Alaska City Council Minutes August 12, 1996 Volume 32, Page 176 CALL TO ORDER The August 12, 1996, regular meeting of the Seward City Council was called to order at 7:35 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Councilmember King led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Eric Wohlforth, City Attorney Linda S. Murphy, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS City Manager's Report. University of Alaska Fairbanks student intern Derek Soden presented the draft parking and traffic report which was a product of his summer internship with the City. At Vice Mayor Anderson's request, Garzini and Soden agreed to schedule a work session with the Council to more fully review the report. Garzini also answered several questions from the Council regarding consent agenda items and other areas of interest or concern. City Attorney's Report. Wohlforth summarized the work performed on behalf of the City since the last meeting. Other Reports, Announcements and Presentations. Darryl Schaefermeyer and Roe Sturgulewski gave a status report on the Alaska SeaLife Center project. Borough Assembly Report. Assemblymember Mike Wiley reported on the most recent Kenai Peninsula Borough Assembly meeting. i 4 City of Seward, Alaska City Council Minutes August 12, 1996 Volume 32, Page 177 CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. BLAINE BARDARSON, 1308 Chamberlain, stated that the cost of materials for the project approved under Resolution No. 96 -100 would have been lower collectively if the City had bid each group or type of item separately. He suggested that future materials bids be separated by type rather than by project. LOUIE MARCH, Mile 5.5, Seward Highway, objected to the salary increases proposed under Ordinance No. 96 -24. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson/Sieminski) Approve the Agenda and Consent Agenda. Anderson moved Resolution No. 96 -101 to the regular meeting agenda. Keil moved Resolution No. 96 -098 to the regular meeting agenda. Sieminski added "ice skating rink" to New Business. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Ordinance No. 96 -25, amending the City's alcoholic beverage code to conform to state law, was introduced and set for public hearing on August 26, 1996; Ordinance No. 96 -26, amending the elections code to conform to state statutes and borough code provisions with regards to absentee voting, and to conform to earlier Seward Code and Charter amendments with regards to certification of City elections, was introduced and set for public hearing on August 26, 1996; Resolution No. 96 -096, awarding a contract for a GPS survey for the Seward Airport to facilitate design of a GPS instrument approach system and appropriating funds, was approved; Resolution No. 96 -097, appropriating an additional $4200 to Seward General Hospital to purchase three years of Directors and Officers Liability Extended Reporting Endorsement coverage with Aetna Casualty and Surety Company, was approved; City of Seward, Alaska City Council Minutes August 12, 1996 Volume 32, Page 178 Resolution No. 96 -099, accepting an Alaska Highway Safety Grant and appropriating funds, was approved; The July 22, 1996, regular meeting minutes were approved as written; and An August 12, 1996, memorandum from Personnel Clerk Yvette Welsh answering a Council inquiry regarding a review of the Personnel Code was noted for information. PUBLIC HEARINGS Ordinance No. 96 -23, amending the Seward Land Use Plan and Zoning for Lots 1 -16, Block 8, Original Townsite of Seward to Central Business District. Notice of public hearing as published and posted as required by law was noted. The public hearing was opened. STU CLARK, 1129 Cliff View Place, spoke in opposition to the proposed rezone. He noted that he had distributed his vision statement to the Council at the last meeting and he hoped that each member of Council would consider what was best for the community and not just the wishes of the directly affected property owners. MARK LUTTRELL, Camelot Subdivision, concurred with Clark and noted his opposition to the proposed rezone. MIKE WILEY, 550 Railway, spoke in support of the ordinance. He stated that he and all of the other affected property owners had requested the rezone, had paid the requisite fees, and had followed the process. He noted that the subject property was surrounded by other Central Business District property and this rezone was the next logical step to take. KIM HASTY, 215 Sixth Avenue, also spoke in support of the ordinance. He stated that he also owned property in the affected area. He stated that the CBD designation was more in keeping with the commercial feel already present in the area. The public hearing was closed. MOTION (Sieminski /King) Enact Ordinance No. 96 -23. Deeter objected to any action that would make the existing single family residences in the area nonconforming. Crane stated that he saw no urgency in this request to rezone the subject property and added that he could not support the rezone until downtown parking issues had been addressed. MOTION (Anderson /Kell) Postpone action until August 26, 1996. City of Seward, Alaska City Council Minutes August 12, 1996 Volume 32, Page 179 Anderson stated that this issue needed further discussion. She objected to extending the CBD on an east -west line and stated that she would prefer to make Fourth Avenue the commercial corridor linking the boat harbor businesses and the downtown business area. Sieminski disagreed and stated that the natural flow of business from those exiting the SeaLife Center would be east of Fourth Avenue all the way to Ballaine Boulevard. He voiced his support for the rezone. Keil agreed with Crane's assessment that there was no need to rush into the rezone. King stated that he would have to side with the affected property owners. He noted that they had followed the process and a majority of the Planning Commission had recommended the rezone. He added that it was the City that had changed the character of the neighbor from residential to commercial through actions such as support for the SeaLife Center project and rezoning the property surrounding this area to Central Business District. MOTION (Anderson /Crane) Motion Passed. VOTE ON MOTION TO POSTPONE Motion Failed. Move the previous question. [Requires 2/3 vote] Unanimous YES: Anderson, Keil NO: Bencardino, Crane, Deeter, King, Sieminski VOTE ON MOTION TO ENACT ORDINANCE Motion Failed. YES: King, Sieminski NO: Anderson, Bencardino, Crane, Deeter, Keil RECESS: The meeting was recessed at 9:15 p.m. and reconvened at 9:25 p.m. NEW BUSINESS Ordinances for introduction. Ordinance No. 96 -24, increasing the monthly compensation for the mayor and members of the city council. MOTION (Sieminski /Anderson) Introduce Ordinance No. 96 -24 and set it for public hearing on August 26, 1996. City of Seward, Alaska City Council Minutes August 12, 1996 Volume 32, Page 180 MOTION (Anderson / Sieminski) Amend by changing the compensation for mayor to $800 per month. Anderson stated that the Mayor was required to put in an extraordinary amount of time fulfilling both his regular mayoral duties and being available to meet with members of the public and respond to their concerns. Deeter stated that he was opposed not only to the amendment but to any increase in salary for the mayor or council. He noted that the Council was intended to be composed of volunteers interested in public service. VOTE ON ANDERSON'S AMENDMENT Motion Passed. MOTION (Crane /Anderson) YES: Anderson, Bencardino, Keil, King, Sieminski NO: Crane, Deeter Amend by reducing the salary for mem- bers of council to the former $200 per month level. Crane stated that he would be willing to support the ordinance, even with the increase for Mayor, as long as there was no increase allowed for the City Council. He noted that he had served in both capacities and could attest to the tremendous work load associated with being Mayor. However, the Council work load was minimal and did not warrant a salary increase. VOTE ON CRANE'S AMENDMENT Motion Failed. YES: Crane, Deeter, Keil NO: Anderson, Bencardino, King, Sieminski VOTE ON INTRODUCTION OF ORDINANCE AS AMENDED Motion Passed. YES: Anderson, Bencardino, Keil, King, Sieminski NO: Crane, Deeter Resolutions. Resolution No. 96 -098, amending the X -Float Replacement Budget and appropriating funds. MOTION (Sieminski /Deeter) Motion Passed. Approve Resolution No. 96 -098. Unanimous City of Seward, Alaska City Council Minutes August 12, 1996 Volume 32, Page 181 Resolution No. 96 -100, awarding a contract for the purchase of materials for the A -Float Overhaul Project and appropriating funds. MOTION (Sieminski /Keil) Motion Passed. Approve Resolution No. 96 -100. Unanimous Resolution No. 96 -101, approving a financial advisory agreement with Public Finance Management, Inc. MOTION (Sieminski /Deeter) Approve Resolution No. 96 -101. In response to a question from Anderson, Garzini explained that Don Grimes had been the City's financial advisor for over 15 years, changing firms on several occasions but always remaining the City's sole contact for financial advisory services. He noted that any contract for these services had been based on Grimes and his expertise in this area. Conversely, when the City had contracted with Wohlforth, Argetsinger, Johnson and Brecht for legal services, it was the reputation of senior partner Eric Wohlforth which had led to this relationship, not the City's relationship with the former lead attorney, Tom Klinkner. Therefore, when Klinkner moved his practice to another firm, it had been his recommendation and the decision of the Council to leave the City's legal work with Wohlforth's firm. VOTE ON MOTION Motion Passed. Unanimous Other New Business Items. Ice Skating Rink. Sieminski requested Council concurrence to conduct a public opinion survey in conjunction with the October 1 municipal election to find out if the public was interesting in pursuing the construction of a public ice skating rink in Seward and if they were willing to pay for it. In response to a question from Deeter, Bencardino stated that the EDD's feasibility study and report on ice skating rinks on the peninsula was due prior to the end of the week. Garzini noted that the City could not create an adequate survey form without first reviewing this study. Keil asked that the survey include other recreational facility development options such as ballfields and trails so that the Council could determine which facilities should receive priority. The Mayor instructed Garzini and Murphy to put together a draft public opinion survey form to be presented to the Council for review at the next Council meeting. City of Seward, Alaska City Council Minutes August 12, 1996 Volume 32, Page 182 COUNCIL COMMENTS ANDERSONrequested a work session to review the boardwalk lease policies before the committee's recommendations were presented to Council for action. The Mayor scheduled a work session to begin at 6:00 p.m. on Monday, September 23, 1996, with action to follow at the regular Council meeting later that evening. BENCARDINO asked Murphy to contact Duane Harp and ask that he make a presentation regarding the beetle kill on the Peninsula, the prognosis for the Seward area, and the steps the U. S. Forest Service was taking to cure the problem. CITIZENS' COMMENTS BLAINE BARDARSON, 1308 Chamberlain, suggested that the City sell some of its excess property and use the proceeds to provide some of the quality of life items such as recreational facilities. BRAD SNOWDEN, 525 Sixth Avenue, objected to the forgiveness of a debt to the City that was created before the 1995 flood but which was forgiven because of the impacts of the flood. He also questioned whether the RFP for development of City property was a sham since it was rumored that a developer had already been selected. Snowden suggested that some harbor developers, principally the owners of Ray's Waterfront Restaurant and The Landing, had received preferential treatment by the City. Finally, he suggested that the City create an office of governmental coordination to help developers and business owners through the permitting and approval process when starting a new venture. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS GARZINInoted that he would be bringing a proposal to the Council at the next meeting for disposal of some surplus City real property. He also noted that he had forgiven a debt owed by the Seward Fish Meal Plant after the flood; however, since the business had been destroyed by the flood and was not going to reopen, there appeared to be no way for the City to collect on this debt. KING asked if debts of this size could be forgiven without Council consent, adding that he remembered discussion of this issue a couple of years ago. Murphy stated that she could find nothing in the Code which required Council approval, but she would research this and get back to the Council. GARZINIalso noted that there had been no preferential treatment extended to either the owners of Ray's or the owners of The Landing. He also assured the Council that he would not have requested funding for an RFP if the results had been predetermined. City of Seward, Alaska City Council Minutes August 12, 1996 Volume 32, Page 183 ADJOURNMENT The meeting was adjourned at 10:45 p.m. LUId 5., 1V Urphy, C Uy Clerk ,{City Sea]) 8 q ti a a. E N e � City of Seward, Alaska City Council Minutes August 19, 1996 Volume 32, Page 183 CALL TO ORDER The August 19, 1996, special meeting of the Seward City Council was called to order at 7:05 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Councilmember Keil led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Rick Gifford, Finance Director Linda S. Murphy, City Clerk City of Seward, Alaska City Council Minutes August 19, 1996 Volume 32, Page 184 Absent was: Dave W. Crane (excused) CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. None APPROVAL OF AGENDA MOTION (Keil /King) Approve the Special Meeting Agenda. Motion Passed. Unanimous RESOLUTIONS Resolution No. 96 -102, providing for the issuance and sale of general obligation bonds of the City of Seward in the aggregate principal amount of not to exceed $7,500,000 to pay the costs of health care center capital improvements, fixing certain details of such bonds, providing for the form and manner of their sale, pledging the full faith and credit of the City to the payment thereof, and providing for related matters. MOTION (Deeter /King) Motion Passed. CITIZENS' COMMENTS None ADJOURNMENT S 'Seal) .r The meeting was adjourned at 7:23 p.m. •d. rr 'r Approve Resolution No. 96 -102. Unanimous City of Seward, Alaska City Council Minutes August 26, 1996 Volume 32, Page 185 CALL TO ORDER The August 26, 1996, regular meeting of the Seward City Council was called to order at 7:45 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry F. King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Borough Assembly Report. Kenai Peninsula Borough Assembly Member Mike Wiley gave a verbal report of recent and pending Assembly action. City Manager's Report. Garzini reported that bids for the hospital bonds had been received and the City had received a favorable net interest rate of 5.46 %. He also reported that he had met with Jeff Stacer of Senator Stevens' staff in an attempt to upgrade the level of federal activity with regards to the 1995 flood follow -up and mitigation work. Parks and Recreation Director Karin Sturdy reviewed the Skate Park use agreement and report which had been included in the packet. In response to concerns expressed by the City Council, Garzini stated that the Skate Park rules would be amended to close at 10:00 p.m. rather than 11:00 p.m. Sturdy stated that she would bring Park hours and other issues to the City Council for review prior to the 1997 skating season. Other Reports, Announcements and Presentations. Duane Harp, U. S. Forest Service Ranger, reported on the status of the spruce bark beetle infestation in the Seward area. He stated that some dead trees could already be seen in and around Seward. He distributed the USFS proposed action plan which was currently in the "public seeping" phase and which included select harvesting t Ct Fh}Y .t City of Seward, Alaska City Council Minutes August 26, 1996 Volume 32, Page 186 of spruce stands from Crown Point to Mile 12 of the Seward Highway. He encouraged the Council and local residents to review the plan and comment within the established comment period. Life Scout Dominick Lemas, at the Mayor's request, asked several questions regarding the impact the beetle was projected to have on the Seward area. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson /Crane) Approve the Agenda and Consent Agenda. Deeter moved Resolution No. 96 -107 to the regular meeting agenda. Sieminski moved Resolution No. 96 -104 and No. 96 -105 to the regular meeting agenda. Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Ordinance No. 96 -27, amending the City Code by adding a new Chapter 7.20, Cemeteries and Burial, was introduced and set for public hearing on September 9, 1996; Resolution No. 96 -106, approving FY 1994 and FY 1995 insurance audit adjustments and transferring funds, was approved; Resolution No. 96 -108, amending the Council's adopted Rules of Procedure, was approved; Resolution No. 96 -109, accepting capital matching grants and appropriating funds, was approved; August 12, 1996, regular meeting minutes were approved as written; and August 19, 1996, special meeting minutes were approved as written; PUBLIC HEARINGS Ordinances for Public Hearing and Enactment: Ordinance No. 96 -24, increasing the monthly compensation for mayor and council. 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 August 26, 1996 Volume 32, Page 187 STU CLARK, 1129 Cliffview Place, spoke in opposition to the ordinance. LOUIE MARCH, Mile 5.5, Seward Highway, spoke in opposition to the ordinance. No one else requested to be heard, and the public hearing was closed. MOTION (Sieminski/Anderson) Enact Ordinance No. 96 -24. Anderson noted the elected officials salary survey which had been prepared and distributed by the City Clerk. She stated that she would like a chance to further review the survey before voting. MOTION (Anderson/Keil) Postpone until September 9, 1996. Motion Failed. YES: Anderson, Keil NO: Bencardino, Crane, Deeter, King, Sieminski Crane, Deeter and Keil spoke in opposition to the ordinance and stated that the salary survey did not support an increase in council compensation. Sieminski and Anderson stated that the higher salary would encourage younger people and those with families to run for office and would create an equal opportunity for those of limited economic means to participate in local government. MOTION (Anderson / Sieminski) Amend by changing the Mayor's salary to $300 per regular meeting and S75 per special meeting exceeding one hour in length and changing the Council's salary to $200 per regular meeting and S75 per special meeting exceeding one hour. Motion Failed. VOTE ON ORDINANCE Motion Passed. YES: Anderson, King NO: Bencardino, Crane, Deeter, Kell, Sieminski YES: Anderson, Bencardino, King, Sie- minski NO: Crane, Deeter, Keil [Note: This ordinance raised the Mayor's salary from $300 to $800 per month and raised the Council's salary from $200 to $400 per month. The ordinance takes effect following certification of the October 1997 election.] RECESS: The meeting was recessed at 9:15 p.m. and reconvened at 9:20 p.m. 1 1 8 8 City of Seward, Alaska City Council Minutes August 26, 1996 Volume 32, Page 188 Ordinance No. 96 -25, amending the City's alcoholic beverage code. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened; no one requested to be heard, and the public hearing was closed. MOTION (Sieminski/Deeter) Motion Passed. Enact Ordinance No. 96 -25. Unanimous [Note: The City alcoholic beverage code still reflected a legal drinking age of 19; this ordinance changed "19" to "21" to conform to state law.] Ordinance No. 96 -26, amending the elections code to conform to state statutes and borough code provisions with regards to absentee voting, and to conform to earlier Seward Code and Charter amendments with regards to certification of elections Notice of public hearing as posted and published as required by law was noted and the public hearing was opened; no one requested to be heard and the public hearing was closed. MOTION (Crane /Anderson) Enact Ordinance No. 96-26. Motion Passed. Unanimous Resolutions Requiring Public Hearing: Resolution No. 96 -103, authorizing the lease of certain lands within Block 6 as identified in the Fourth of July Preliminary Plat KPB No. 93 -087, Seward Marine Industrial Center, to Glacier Communications, Inc. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened; no one requested to be heard and the public hearing was closed. MOTION (Anderson/Deeter) Motion Passed. Approve Resolution No. 96 -103. Unanimous Resolution No. 96 -112, authorizing the disposal of city properties declared to be surplus to the needs of the City. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened; no one requested to be heard and the public hearing was closed. MOTION (Anderson /Crane) Approve Resolution No. 96 -112. City of Seward, Alaska City Council Minutes August 26, 1996 Volume 32, Page 189 Motion (Deeter /Anderson) Motion Failed. VOTE ON RESOLUTION Motion Passed. NEW BUSINESS Resolutions: Amend by requiring that recording and administrative costs be borne by the pur- chaser. YES: Anderson, Deeter, Keil NO: Bencardino, Crane, King, Sieminski Unanimous Resolution No. 96104, approving the purchase of certain safety equipment for the Fire Department without full utilization of City bid procedures. MOTION (Crane /Anderson) Motion Passed. Approve Resolution No. 96 -104. Unanimous Resolution No. 96 -105, appropriating FY 1997 state shared revenue monies to local health care facilities. MOTION (Crane/Keil) Approve Resolution No. 96 -105. Garzini explained how the monies were being distributed among the various health care facilities in the City, noting that for this year only the hospital appropriation was being divided equally between Seward General Hospital and Providence Seward Medical Center. He added that, beginning next year, the full amount of that particular appropriation would go to Providence Seward Medical Center. Motion Passed. Unanimous Resolution No. 96107, amending the City's general schedule of fees and charges. MOTION (Anderson/Dceter) Approve Resolution No. 96 -107. In response to questions from the Council, Murphy explained that the City was not making a profit on any of these charges but was merely covering its costs, including all costs associated with LW the lease of the copier, personnel costs and postage, for producing and delivering the copies and/or documents listed in the schedule of fees and charges. She added that the cost for employees to make City of Seward, Alaska City Council Minutes August 26, 1996 Volume 32, Page 190 copies was less than that charged to the public because the public charge included staff time to pull and copy records. Motion Passed. Unanimous Resolution No. 96 -110, appropriating funds for clinic space lease payments to Seaview Plaza. [Note: Sieminski noted his conflict as property manager at Seaview Plaza. Bencardino granted Sieminski's request to abstain from discussion and voting on this issue.] MOTION (Anderson/Keil) Approve Resolution No. 96 -110. Yanez noted that the City's original lease for clinic space at Seaview Plaza had expired on February 28, 1996. Prior to the expiration of this lease, the City had attempted but failed to negotiate a six -month extension of the lease in anticipation of voter approval to transfer hospital operations to Providence. The lessor had agreed to a one -year lease extension with a more favorable lease rate than that paid under the original lease. Yanez noted that Providence had moved all clinic operations to the Hospital facility as of August 1; however, the City was still obligated to pay the remaining term of the lease. He further noted that Providence had agreed to contribute one -half the amount of the remaining lease payments, leaving the City with a balance due to Seaview Plaza totaling just over $7,000. Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Keil, King ABSTAIN: Sieminski Resolution No. 96 -111, authorizing the City Manager to enter into a professional services agreement with Win Peterson to provide consulting services for wholesale power contract negotiations. MOTION (Anderson /Crane) Approve Resolution No. 96 -111. In response to a request from King, Manager of Engineering and Utilities Calvert assured the Council that a written report of the negotiations would be produced by the Contractor and distributed to the Council. Motion Passed. Resolution No. 96 -113, authorizing clean -up work on transmission line construction, Phase II. MOTION (Keil/Deeter) Unanimous Approve Resolution No. 96 -113. City of Seward, Alaska City Council Minutes August 26, 1996 Volume 32, Page 191 Motion Passed. Unanimous Other New Business Items: Parking and Campground Management Request for Proposals. Garzini and Sturdy reviewed the draft request for proposals. MOTION (Anderson /Sieminski) To authorize the City Manager to issue the RFP for parking and campground manage- ment. MOTION (King/Anderson) Motion Passed. To amend the RFP, Page 2, Parking, Description of Work, by deleting references to parking lots and to add Third, Fourth and Fifth Avenues to the list of areas to be included in the management plan. YES: Anderson, Bencardino, Deeter, Keil, King NO: Crane, Sieminski King spoke in opposition to issuing the RFP. He stated that the bed tax, implemented just prior to the 1996 tourist season, had resulted in a significant loss of business during what was usually one of the busiest quarters of the year. He stated that charging for parking would cause similar losses. Garzini pointed out that the Council would be under no obligation to award a contract even if the RFP were issued. However, if the RFP went forward and proposals were received, the new Council would have sufficient information to make an informed decision regarding parking and campground management issues that would be confronting the City at the end of this tourist season. VOTE ON MOTION TO ISSUE THE RFP AS AMENDED Motion Passed. YES: Anderson, Bencardino, Crane, Deeter, Sieminski NO: Keil, King Request for authorization to proceed with an RFP for redeployment of X Float. MOTION (Anderson/Deeter) Authorize the City Manager to issue a Request for Proposals for the redeployment of X Float. Motion Passed. Unanimous COUNCIL COMMENTS City of Seward, Alaska City Council Minutes August 26, 1996 Volume 32, Page 192 KEIL stated that the work session discussion regarding ballfields had been productive and she thanked all those who had participated. KING congratulated the new Seahawk football team on their victory Friday evening. He also forwarded a check to the City Clerk that he had received from a guest at his bed and breakfast who wished to donate to the City's Historic Preservation Commission. ANDERSON asked for a report at the next meeting regarding requirements for covered garbage containers. BENCARDINO thanked Dominick Lemas for participating in the meeting and for his comments and questions regarding the spruce bark beetle infestation. He also congratulated the new football team on its victory over Kenai. CITIZENS' DISCUSSION None COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 11:00 p.m. i-- / a S. City Cldk �ty Seal) City of Seward, Alaska City Council Minutes September 9, 1996 Volume 32, Page 193 Lm CALL TO ORDER The September 9, 1996, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Michael Yanez, Deputy City Manager Rick Gifford, Director of Finance and Administrative Services Brad Meyen, City Attorney Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. City Clerk Murphy presented a plaque to Deputy City Clerk Jones in recognition of receipt of the annual IIMC Records Management Award. Jones thanked the City Council and Clerk for providing funding for continued training in the records management field and noted that she planned to continue improvements to the City's records program. Borough Assembly Report. Assemblymember Mike Wiley reported on action taken at the most recent assembly meeting. City Manager's Report. Yanez requested a work session to be held at 6:00 p.m. on September 23 to discuss boardwalk lease policies, the proposed east harbor expansion, federal legislative projects and the draft RFP for a federal lobbyist. He reported on the city's cleanup efforts and noted that the administration had extended the deadline for submittal of the proposals for development of city lands until October 30. He answered several questions from Keil regarding replacement of the ballfields and other recreation activities. City Attorney's Report. Brad Meyen briefly reviewed activities of the attorney's office during the past month. City of Seward, Alaska City Council Minutes September 9, 1996 Volume 32, Page 194 Other Reports, Announcements and Presentations. Schematic Design of the Seward Providence Medical Center facility. Barbara Symmes reviewed the progress of the hospital replacement project. Terry Hyer presented schematic drawings and a scale model of the proposed new Seward Providence Health Care facility and answered questions from the Council. Yanez noted that a public hearing would be held September 23 to receive public input on the hospital schematic design. Kenai Peninsula Resource Conservation & Development District - Ice Area feasibility report. Mark Weatherstone noted that he had completed an ice arena feasibility report for the KPB Economic Development District. He presented copies of the report to the City Clerk for distribution to the Council. SeaLife Center Construction Update. Darryl Schaefermeyer reported that John B. Hendricks had been hired as ASLC executive director. He stated that the Exxon Valdez Trustee Council had approved funding to construct a fish pass facility which would allow for the study of salmon from release to return and provide viewing by the public. Roe Sturgulewski reported on the construction phase of the project. GDM Inc. - Multi- Agency Facility. Engineering and Utilities Manager Calvert reported that GDM had been selected as the architect to design the proposed multi- agency facility which would provide a shared facility for the U.S. Forest Service, National Park Service, Chamber of Commerce and City of Seward. James Blair, GDM Inc., reviewed the preliminary concept design for the facility. RECESS: The meeting recessed at 9:07 p.m. and reconvened at 9:16 p.m. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. LOUIE MARCH, Mile 5.5 Seward Highway, urged the Council to reconsider the vote on Ordinance No. 96 -24 (Mayor and Council compensation). APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson /Deeter) Approve the Agenda and Consent Agenda. Murphy noted the addition of Resolution No. 96 -118 and correction of the August 26, 1996 regular meeting minutes. Anderson moved New Business Item A to the regular meeting agenda. VOTE ON APPROVAL OF AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: City of Seward, Alaska City Council Minutes September 9, 1996 Volume 32, Page 195 Resolution No. 96 -114, approving the purchase of a police vehicle, was approved; Resolution No. 96 -116, accepting community schools grant funds from the Kenai Peninsula Borough and appropriating funds, was approved; Resolution No. 96 -117, accepting a grant and appropriating funds for the ALPAR Litter Patrol Program, was approved; and The August 26, 1996, regular meeting minutes were approved. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment. Ordinance No. 96 -27, amending the City Code by adding a new Chapter 7.20, Cemeteries and Burials Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard, and the public hearing was closed. MOTION (Crane /Anderson) Motion Passed. UNFINISHED BUSINESS Items for Reconsideration. Enact Ordinance No. 96 -27. Unanimous Ordinance No. 96 -24, increasing the monthly compensation for mayor and council Murphy noted that King had filed notice of reconsideration the day following the August 26 Council meeting in accordance with the Council's Rules of Procedure. MOTION (King /Keil) Reconsider Ordinance No. 96 -24. Motion Passed. YES: Bencardino, Crane, Deeter, Keil, King NO: Anderson, Sieminski In response to a question from Anderson, King stated that he had originally supported the ordinance in recognition of the out of pocket costs to those serving on Council as well as the lost time and wages resulting from attending meetings, work session, AML, etc., and his belief that the additional compensation would make it possible for those of limited economic means to serve. However, he had since received a strong message from his constituency that the public did not support the increased compensation and had, as a result, decided to reconsider his original position. s City of Seward, Alaska City Council Minutes September 9, 1996 Volume 32, Page 196 VOTE ON MOTION TO ENACT ORDINANCE NO. 96 -24 Motion Failed. YES: Sieminski NO: Anderson, Bencardino, Crane, Deeter, Keil, King NEW BUSINESS Resolutions. Resolution No. 96 -115, approving the hospital construction budget MOTION (Crane/Deeter) Motion Passed. Resolution No. 96 -118, authorizing a contract with GDM, Inc., to provide professional programming and conceptual site and building design for the multi - agency facility MOTION (Anderson /Kell) Approve Resolution No. 96 -115. Unanimous Approve Resolution No. 96 -118. Murphy explained that this item had been added to the agenda due to a critical time element that required completion of the conceptual design within a short period of time in order to allow Garzini to successfully lobby Congress for funding. Calvert stated that the architect would have 90 days to complete the project following approval of the contract. He noted that the facility would meet the needs of the National Park Service, U.S. Forest Service, Chamber of Commerce and City of Seward as well as save operating costs by utilizing shared services. Anderson stated that the USFS critically needed office space if it was to retain an office in Seward. She commended Calvert for his dedication to this project. VOTE ON MOTION Motion Passed. Unanimous INFORMATIONAL ITEMS AND REPORTS Garbage and refuse regulations. Anderson stated that she had removed this item from the consent agenda to allow the Administration to explain the city requirements for disposal of garbage. Yanez explained the code requirements and asked everyone to assist in keeping Seward a clean place to live. He also recommended creation of a task force to review existing code requirements and encourage stricter enforcement of city laws. Bencardino stated that the code should be enforced in order to avoid public nuisance and health hazards created by improperly contained garbage. Anderson agreed that the City should enforce its garbage laws. Yanez stated that he would meet with the Police Chief to take appropriate action. City of Seward, Alaska City Council Minutes September 9, 1996 Volume 32, Page 197 COUNCIL COMMENTS The City Council congratulated Deputy City Clerk Jones on receipt of her records management award. KEIL noted that the litter patrols had been effective in keeping litter under control except in the alleyways. She requested a report at the next meeting on campground revenues and expenses. She also asked which staff positions would be cut and a report on responsibilities of the City if campground services were privatized. She stated that Friday night skating had been successful but had been discontinued by AVTEC. She urged public use of the AVTEC facility when not in use by AVTEC students. KING reported on the Planning and Zoning Commission meeting held on September 4. SIEMINSKI congratulated the Seward Football Team on its victory. DEETER expressed concern that skateboard park users were not wearing safety gear as required. ANDERSONreported that sales and property tax issues, borough -wide animal control and recreation had been discussed at September 5 meeting of the Kenai Peninsula Municipal Coalition. BENCARDINO reported on the Alaska Conference of Mayors meeting he had attended recently in Kodiak. He welcomed new cameraman, Jesse Gifford. CITIZENS' COMMENTS CAROL CHAUDIERE, 1129 Cliff View Place, requested that the public opinion survey on recreation contain sufficient information, including prices and location, to enable the public to make an informed decision. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT n L' M v ry t n 0 9 0 m s� r" err• p ;;yy s The meeting was adjourned at 10:18 p.m. City of Seward, Alaska City Council Minutes September 23, 1996 Volume 32, Page 198 CALL TO ORDER The September 23, 1996, regular meeting of the Seward City Council was called to order at 7:35 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Murphy read a proclamation proclaiming October 2, 1996 as Student Voter Education Day. Borough Assembly Report. Assemblymember Mike Wiley reported on action taken at the most recent assembly meeting. City Manager's Report. Surplus Land Sale Proceeds. Garzini reported that any funds received from the sale of City lands would be accounted for in the capital acquisition fund. Crane stated that he preferred the creation of a land bank, and Garzini promised to present a resolution establishing a land bank to the Council at a later meeting. Ferry Depot RFP - Citizens Jury Selection. Garzini explained the process the City intended to use to select a citizens jury to review submitted proposals for the Ferry Depot. Garzini reported that the hospital certificate of need was approved. He distributed a revenue and expense report for the city's campgrounds for the 1996 season and a memorandum City of Seward, Alaska City Council Minutes September 23, 1996 Volume 32, Page 199 regarding board membership on the Alaska Electrical Generation and Transmission Cooperative Board of Directors. City Attorney's Report. None. Other Reports, Announcements and Presentations. Murphy stated that the polls were open for absentee voting and arrangements could be made for those voters unable to vote in person on election day. She explained the new process for certifying the election and organizing the city council. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. HERMAN LEIRER, 101 Leirer Lane, spoke about the continued flooding problem along the Resurrection River. He stated that quick action needed to be taken to mitigate the problem. CAROL GRISWOLD, 412 First Avenue, spoke in support of the LWCF grant for Two Lakes Park and matching support funds from the City of Seward (Resolution No. 96 -126). ARLENE WILEY, 550 Railway Avenue, spoke in support of the appointment of a citizens jury to review proposals for the Ferry Depot. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane /Anderson) Approve the Agenda and Consent Agenda. Sieminski moved the report on the upcoming trip to Korea from Council Comments to Unfinished Business, Item D.3. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Resolution No. 96 -119, approving amendment no. 2 extending the electrical meter reading contract with Derrald Hilderbrand through 09/30/97, was approved; Resolution No. 96 -120, approving purchase orders for sand, salt and calcium chloride for winter ice control, was approved; Resolution No. 96 -125, approving a purchase order to Brown's River Bindery for the preservation of historical records without full utilization of city bid procedures, was approved; NO City of Seward, Alaska City Council Minutes September 23, 1996 Volume 32, Page 200 The September 9, 1996 regular meeting minutes were approved; Transfer of liquor license for Marina Restaurant from Argyrios Danakos to C. Scott Bald was approved; Request for ABCB restaurant designation as filed by C. Scott Bald for Marina Restaurant was approved; The city manager was authorized to issue an RFP for recruitment of a federal lobbyist; and The Canvass Board was appointed for the October 1, 1996 municipal election. PUBLIC HEARINGS Seward Providence Health Center schematic design. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard, and the public hearing was closed. COLLEEN BRIDGE, Providence Seward Health Center, updated the Council on the status of the hospital design and hospital operations. She answered several questions from the Council. Anderson thanked Providence and ECI -Hyer for presenting plans that were easily understood. UNFINISHED BUSINESS Request for approval to issue the Boardwalk Lease Site RFP and extend the due date to October 30, 1996, for the outstanding RFP for city parcels in the small boat harbor. MOTION (Anderson/Kell) Approve the issuance of a request for proposals for the short -term harbor boardwalk lease sites and extend the due date to October 30, 1996 for the outstanding request for proposals for various parcels of land in the harbor area. MOTION (Deeter /Crane) Motion Passed. MOTION (Anderson/Crane) Amend the general criteria on page 9 by adding "on boardwalk sites" to Item No. 2; moving Item No. 9 to the No. 1 position; and renumbering the remaining items. Unanimous Amend general criteria Item No. 4 by adding, "on present lease site" and add a City of Seward, Alaska City Council Minutes September 23, 1996 Volume 32, Page 201 new Item No. 12 to read, "That any proposal must fit within the Seward Small Boat Harbor Master Plan." Motion Passed. MOTION (Anderson/Crane) Motion Passed. MOTION (Anderson /Crane) Motion Passed. MOTION (Anderson / Deeter) Motion Passed. VOTE ON MOTION AS AMENDED Motion Passed. Ice arena public opinion survey. MOTION (Sieminski /Deeter) Unanimous. Amend proposal review date by extending review until November 12, 1996 with announcement of successful proposers on November 13, 1996. Unanimous Change ratio for sublease payments from 75/25 to 65135. YES: Anderson, Bencardino, Crane, Keil, Sieminski NO: Deeter, King Amend by adding the language, "any sublease must meet the same criteria as original lease." Unanimous. YES: Anderson, Bencardino, Crane, Deeter, Keil, Sieminski NO: King Instruct the city clerk to provide a public opinion survey on the merits of an ice arena to be available at the polls on election day. Keil and Deeter questioned the community's desire for an ice skating arena. Several councilmembers agreed that the project was too costly to consider at this time. MOTION (Anderson /King) Move the previous question. City of Seward, Alaska City Council Minutes September 23, 1996 Volume 32, Page 202 Motion Passed. Unanimous VOTE ON MAIN MOTION Motion Failed. YES: Sieminski NO: Anderson, Bencardino, Crane, Deeter, Keil, King Report on trip to Yochon City, Korea. Crane explained that a nine- member delegation from Seward would travel to Korea in October as part of an effort to develop a sister city or friendship city relationship with Yochon City, Korea. Garzini explained the process for creating a solid, trade - related relationship with Korea. Deeter and Sieminski objected to partial City funding for private individuals planning to take the trip. RECESS: The meeting was recessed at 9:14 p.m. and reconvened at 9:21 p.m. NEW BUSINESS Resolution No. 96 -121, approving the 1997 Federal Legislative Priorities list MOTION (Anderson /Deeter) MOTION (Anderson /Deeter) Motion Passed. Approve Resolution No. 96 -121. Amend the priorities list by adding a new Item 2., Alaska Railroad Dock extension and North Dock Extension and major maintenance; renumbering the subsequent sections; and adding Item No. 8., SLAC Building Project. Unanimous VOTE ON RESOLUTION AS AMENDED Motion Passed. Resolution No. 96 -122, authorizing the submittal of the FY 1998 State Capital Projects Matching Grant Requests MOTION (Anderson /Crane) Unanimous Approve Resolution No. 96 -122. Yanez stated that the City was requesting grant funds for renovation and beautification of the harbor plaza and automation of the library system from the FY 1998 State Capital Projects Matching Grant Program. The Council discussed the proposed projects and the future of the harbor. City of Seward, Alaska City Council Minutes September 23, 1996 Volume 32, Page 203 VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Crane, Keil, King, Sieminski NO: Deeter Resolution No. 96 -123, approving a contract for repair of the City Hall roof and appropriating funds MOTION (Crane /Anderson) Approve Resolution No. 96 -123. Calvert explained that the cost of replacing the roof was the same as repair of the current roof. Motion Passed. Unanimous Resolution No. 96 -124, authorizing the City Manager to submit to the US Army Corps of Engineers a letter of intent to share the cost of a feasibility study for eastward expansion of the small boat harbor MOTION (Kell /Anderson) Motion Passed. Approve Resolution No. 96 -124. Unanimous Resolution No. 96 -126, accepting a Land and Water Conservation Fund grant for Two Lakes Park and appropriating matching funds MOTION (Anderson/Deeter) Approve Resolution No. 96 -126. Deeter and Keil spoke in support of the resolution. King suggested an in -kind donation as a match rather than actual general fund monies. Garzini responded that the City would work towards a match if the grant received approval of the Council. Bencardino noted a conflict of interest arising from his ownership of property within the project footprint which had been identified for purchase by the City. Vice Mayor Anderson ruled that Bencardino had a conflict of interest and must refrain from discussion on this issue. Bencardino passed the gavel to Anderson. King stated that he was the owner of property adjacent to the project area and asked if this represented a conflict of interest.. Anderson ruled that King had no conflict of interest. VOTE ON MOTION City of Seward, Alaska City Council Minutes September 23, 1996 Volume 32, Page 204 Motion Passed. YES: Anderson, Crane, Deeter, Keil, King, Sieminski ABSTAIN: Bencardino Other New Business Items. Nomination for disposal of Lot 3A, Block 12, Cliff Addition. MOTION (Anderson /Crane) Motion Failed. Authorize the administration to proceed with the disposal of Lot 3A, Block 12, Cliff Addition. YES: Sieminski NO: Anderson, Bencardino, Crane, Deeter, Keil, King INFORMATIONAL ITEMS AND REPORTS None. COUNCIL COMMENTS SIEMINSKIstated that he had received a complaint that some of the gifts to Korea were not made by local artists. DEETER scheduled employee evaluations for 12:00 noon, October 4, for the city clerk; 6:30 p.m., October 14, for the city manager; and 7:00 p.m., October 14, for the city attorney. He stated that Chilkat Electric would have several employees working on the Alaska SeaLife Center and had offered to donate extra employee time to perform electrical work for those in need. He thanked his constituents for contacting him by phone during his tenure, and he thanked the Council, City employees and his wife for their support during the past two years. He reminded everyone to vote on October 1. He stated that his Christmas list this year consisted of: (a) a new contract with Chugach Electric Association for electrical power, (b) greener recreation areas, (c) wage increase for city employees and (d) remembrance of the volunteers who make the city what it is. ANDERSONthanked Deeter for his contributions to the city. She proposed a resolution in support of a borough ordinance on animal control. The Council instructed the clerk to place a resolution on the November agenda. BENCARDINOreported on the recent trip with Garzini to Anchorage to discuss prisons and to attend the Mayors' Economic Development Conference. He noted that he would meet with Anchorage Mayor Mystrom on September 30 to discuss prisons and the gas pipeline. CITIZENS' COMMENTS None. 1l /c/ City of Seward, Alaska City Council Minutes September 23, 1996 Volume 32, Page 205 COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 10:35 p.m. M `6ty Seal) xs 0 r IT �q R am i i City of Seward, Alaska October 4. 1996 CALL TO ORDER City Council Minutes Volume 32, Page 205 The October 4, 1996 special meeting of the Seward City Council was called to order at 12:15 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Councilmember Sieminski led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Darrell Deeter Marianna Keil Jerry F. King Bruce Sieminski comprising a quorum of the Council; and Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk City of Seward, Alaska City Council Minutes October 4 1996 Volute 32, Page 206 CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None APPROVAL OF AGENDA MOTION (Anderson /Crane) Approve the Agenda. Motion Passed Unanimous NEW BUSINESS Resolution No. 96 -127, approving purchase orders and authorizations for the relocation of utilities on hospital property. MOTION (Crane/Deeter) Approve Resolution No. 96 -127. In response to a question from Keil, Yanez stated that all of the utilities would be located under ground. Calvert noted that the quotes received were within budgeted amounts. Motion Passed Resolution No. 96 -128, approving a contract to relocate the Lowell Canyon Road waterline as required for hospital construction. MOTION (Deeter /Anderson) Motion Passed. Resolution No. 96 -129, approving a contract to demolish the physical therapy building. MOTION (Deeter /Crane) Unanimous Approve Resolution No. 96 -128. Unanimous Approve Resolution No. 96 -129. In response to a question from Keil, Calvert noted that there were no hazardous materials in the building. Sieminski objected to out - sourcing this project and stated that it could be done in -house at less cost. Calvert disagreed and stated that removal of the foundation, heating fuel lines, and other materials was better left to a contractor knowledgeable about this type of work. Motion Passed YES: Anderson, Bencardino, Crane, Deeter, Keil, King NO: Sieminski City of Seward, Alaska City Council Minutes October 4, 1996 Volume 32 Page 207 Resolution No. 96 -130, appropriating funds and authorizing payment for repair of storm damage to electrical lines and facilities. MOTION (Deeter /Anderson) Approve Resolution No. 96 -130. In response to a question from Crane, Calvert stated that this appropriation would cover all of the City's obligations to Newbery; however, he had not yet tallied all of the City's in -house costs which would probably equal the amount requested to cover Newbery's costs. He stated that a memorandum outlining these costs and requesting the necessary appropriations would be forthcoming. MOTION (Anderson/Deeter) Amend by adding a new Section 2 appro- priating $61,380.69 from the Electric Enter- prise Fund Balance to the Electric Depart- ment Operating Budget to cover the pay- ments approved in the resolution. Motion Passed Unanimous VOTE ON RESOLUTION AS AMENDED Motion Passed Unanimous ADJOURNMENT The meeting was adjourned at 12:45 p.m. Linda SA City Clerk (City Seal) -`'` J >a 2OB City of Seward, Alaska October 14, 1996 CALL TO ORDER City Council Minutes Volume 32, Page 208 The October 14, 1996, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Vice Mayor Margaret Anderson. PLEDGE OF ALLEGIANCE Councilmember Keil led the pledge of allegiance to the flag. ROLL CALL There were present: Margaret Anderson, presiding, and Dave W. Crane Marianna Keil Jerry King Bruce Sieminski comprising a quorum of the Council; and Ronald Garzini, City Manager Michael Yanez, Deputy City Manager Eric Wohlforth, City Attorney Patricia Jones, Deputy City Clerk ABSENT were: Louis Bencardino, Mayor - excused Darrell Deeter, Councilmember - excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Anderson presented the Alaska Recreation and Park Association's "Young Professional of the Year" award to Teen and Youth Center Director Shari Adelmann. Borough Assembly Report. Assemblymember Mike Wiley reported on action taken at the most recent assembly meeting. He reported on the results of the October 1 borough election and noted that Mike Navarre had been sworn in as Borough Mayor. City Manager's Report. Garzini reported on the process that the City would use to evaluate the proposals submitted for the development and use of the railroad depot, boardwalk lease sites, waterfront properties and other city properties. He stated that, while attending the National City Managers Conference in Washington, D.C., he had met with the state's City of Seward, Alaska City Council Minutes October 14, 1996 Volume 32, Page 209 congressional delegation and was now optimistic that federally - funded flood mitigation measures would soon be underway. On request of the City Manager, the Council scheduled a work session for 6:30 p.m. on October 28, 1996 to receive KPMG Peat Marwick's FY 1996 city audit presentation. City Attorney's Report. Wohlforth reported on the hospital bond closing in Seattle. He stated that the attorneys had responded to several requests regarding personnel matters and had reviewed proposed ordinances pertaining to dumpster regulations and public nuisances. Other Reports, Announcements and Presentations. U.S. Air Force Seward Recreation Camp. Colonel Gregory T. Gonyea updated the Council on the status of the recreation camp. He noted that the bids received in response to the request for renovation were $100,000 over the amount budgeted. He stated that the project had been re -bid and the contract was awarded to Swenson Construction to complete the renovations within one year of receipt of the notice to proceed. He informed the Council that the Air Force section of the recreation camp would be closed next summer in order to complete the renovation. Cook Inlet Processing (CIP) Proposed Lease Revisions. John Dickerson, Vice President, stated that the company would like to develop a major bottomfish processing facility in Seward which would result in increased revenues to the City through the fisheries business tax. He requested exemption from the $35 per ton wharfage fee on fish which were not processed in Seward. Garzini stated that, if there was no objection from the Council, Harbormaster Singleton would proceed with lease negotiations with CIP. Alaska SeaLife Center Update. Schaefermeyer reported that Executive Director Hendricks would begin work on October 17. Roe Sturgulewski reported that the project construction was ahead of schedule. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. STU CLARK, 1129 Cliff View Place, urged the Council to lengthen the review process of the boardwalk proposals rather than vote on the issue at the regular meeting following discussion at a work session November 12. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane /Keil) Approve the Agenda and Consent Agenda. Anderson moved Resolutions No. 96 -138 and 96 -139 to the regular meeting agenda and added discussion of the property proposals evaluation process under Unfinished Business. City of Seward, Alaska City Council Minutes October 14, 1996 Volume 32, Page 210 Sieminski moved Ordinance No. 96 -29 to the regular meeting agenda. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Deputy Clerk read the following approved consent agenda items: Ordinance No. 96 -28, amending SCC 14.05.015 regulating the use of dumpsters and trash receptacles in public areas, was introduced and set for public hearing on October 28, 1996; Resolution No. 96 -134, requesting FY 1997 Municipal Assistance from the State of Alaska, was approved; Resolution No. 96 -135, authorizing the execution of a supplemental indenture to correct a defect in the trust indenture dated May 1, 1996 between the City and First Trust Washington which indenture secured the $17,500,000 Revenue Bonds, 1996 (Alaska SeaLife Center Project), was approved; Resolution No. 96 -137, authorizing extension of the METCO, Inc., contract for snow plowing and sanding services of Lowell Point Road and Nash Road for the 1996 -97 winter season, was approved; The September 23, 1996 regular meeting minutes and the October 4, 1996 special meeting minutes, were approved as written; The report of purchases between $5,000 and $10,000 issued through August 26, 1996, was noted for information; and The October 1, 1996 regular municipal election was certified and the following results were declared official: City Council (2 year term; 3 to be elected) *Edgar Blatchford 416 *Jerry F. King 275 *Stirrat (Stu) Clark 271 Bruce Sieminski 214 Walter Christolear 185 Write -Ins 18 Total Votes Cast 547 Total Votes Counted 540 City of Seward, Alaska City Council Minutes October 14, 1996 Volume 32, Page 211 PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution No. 96 -131, approving the transfer of Lot 2, Fort Raymond Subdivision, to the Pioneers of Alaska Igloo No. 9 for cemetery purposes Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard, and the public hearing was closed. MOTION (Crane /Keil) Motion Passed. Approve Resolution No. 96 -131. Unanimous Resolution No. 96 -132, approving the transfer of Lot 3, Fort Raymond Subdivision, to American Legion Seward Post No. 5 for cemetery purposes Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard, and the public hearing was closed. MOTION (Keil /King) MOTION (Crane /Anderson) Motion Passed. VOTE ON RESOLUTION AS AMENDED Motion Passed. Approve Resolution No. 96 -132 Amend Section 4 to read as follows: This resolution shall take effect on the later of the date of termination of Lease 69 -023 with the Army Corps of Engineers for a portion of Lot 3, Fort Raymond Subdivi- sion, or 30 days after passage and posting as required by law. Unanimous Unanimous Resolution No. 96 -133, adopting the Seward Historic Preservation Plan Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. STU CLARK, 1129 Cliff View Place, noted that the Planning Commission had reviewed the plan and received considerable public input during its creation. City of Seward, Alaska City Council Minutes October 14, 1996 Volume 32, Page 212 No one else requested to be heard, and the public hearing was closed. MOTION (Keil /Anderson) Approve Resolution No. 96 -133. Crane and Anderson commended the Community Development Department and the Historic Preservation Commission for developing the plan. Anderson stated that Hoben Park should depict the history of the area to provide historical information to park visitors. Garzini replied that he would pass this information on to the successful proposer of the Alaska Railroad Depot. VOTE ON MOTION Motion Passed. Unanimous UNFINISHED BUSINESS Property proposals evaluation process. Garzini reviewed the schedule for evaluation of the property proposals. The Council requested copies of the proposals for review prior to the work session proposed for November 12. NEW BUSINESS Ordinances for Introduction. Ordinance No. 96 -29, amending the zoning of Lots 8 -9, Block 27, Original Townsite, to Urban Residential MOTION (Crane /Keil) Introduce Ordinance No. 96 -29 and set for public hearing on October 28, 1996. Community Development Director Martin explained that the Planning Commission had reviewed and recommended the rezone of all lots on 1st and 2nd Avenue to Urban Residential; however, since several property owners had objected to the rezone, the Commission's full recommendation had not been brought to the Council. He noted that the owner of Lots 8 -9, Block 27, OTS, had requested this rezone in order to bring the property into conformance with the Land Use Plan. King recommended additional review of the entire area by the Planning and Zoning Commission. VOTE ON MOTION Motion Passed. Unanimous Ordinance No. 96 -30, exempting city- supplied public utility services (electric, water and sewer) and heating oil from city sales tax City of Seward, Alaska City Council Minutes October 14, 1996 Volume 32, Page 213 [NOTE: Ordinance sponsor Sieminski failed to receive a second for introduction of the ordinance. Resolutions. Resolution No. 96 -136, awarding the surplused float sections from X -float to Seward Ship's Drydock MOTION (Crane /King) Approve Resolution No. 96 -136. Keil stated that she had a possible conflict of interest because her husband worked for an unsuccessful proposer, Quality Marine of Alaska. Anderson ruled that Keil had a conflict and could not discuss or vote on the resolution. MOTION (Crane /King) Appeal the ruling of the Chair. Crane stated that the resolution awarded the floats to Seward Ship's Drydock and had nothing to do with Quality Marine of Alaska. Jones explained that a YES vote would uphold the ruling that Keil had a conflict and a NO vote would allow Keil to discuss and vote on the resolution. VOTE ON MOTION (Shall the ruling of the Chair be sustained ?) Motion Failed. YES: Keil NO: Anderson, Crane, King, Sieminski Garzini requested authorization to negotiate an agreement on the transfer of the float sections and certain other matters related to their use, ownership and related uplands issues. MOTION (Crane /Anderson) Amend Section 1 to read as follows: "The City Council hereby selects the proposal submitted by Seward Ship's Drydock for award of the surplused float sections from X -float in response to the City's request for proposals dated August 30, 1996." Motion Passed. MOTION (Crane /Anderson) Unanimous Amend by adding Section 2 to read "The city manager is hereby directed to negoti- City of Seward, Alaska City Council Minutes October 14, 1996 Volume 32, Page 214 Motion Passed. ate an agreement for the transfer of the X- float sections to Seward Ship's Drydock and matters related to their use, owner- ship, and related uplands issues ", and renumbering the subsequent section. Unanimous Anderson stated that the City should take the following four items into consideration during negotiations: 1) the City should stipulate disposal of the assets based upon the proposal, 2) lease of the uplands and any tidelands involved should be specifically identified, 3) the impact of installation of the floats on the travelift and on the remaining land available for development at SMIC should be considered in case the city needed to expand in the future, and 4) the actual benefits of the project to the city should be identified. Garzini stated that he would submit the final agreement to the Council for final approval following negotiations with Seward Ship's Drydock. VOTE ON RESOLUTION AS AMENDED Motion Passed. Resolution No. 96 -138, approving a use agreement between the City and the Alaska Vocational Technical Center MOTION (Sieminski /Crane) Unanimous Approve Resolution No. 96 -138. Wohlforth recommended amending the agreement for clarification purposes as follows: Page 2, Item 2, would read: "...unless otherwise noted in the agreement during the base schedule hours, all year long plus during summer break (July 5, 1996 - August 23, 1996), and during Christmas break (December 21, 1996 - January 3, 1997). Page 2, Items 6 and 7, would read: 6. "Notify the City in writing of special AVTEC facility uses during..." and 7. "Notify the City in writing of facility closures due to maintenance work... " MOTION (Crane /Keil) Amend the agreement as recommended by the attorney. Motion Passed. Unanimous VOTE ON MAIN MOTION City of Seward, Alaska City Council Minutes October 14, 1996 Volume 32, Page 215 Motion Passed. Unanimous Resolution No. 96 -139, approving a purchase order for repair of Generator No. 4 without full utilization of city bid procedures and appropriating funds. MOTION (Keil /Crane) Approve Resolution No. 96 -139. In answer to a request from Anderson, Public Works Superintendent Ainsworth explained the need for repairs to the generator. Motion Passed. Unanimous Resolution No. 96 -140, approving a purchase order for the production of marketing brochures without full utilization of city bid procedures MOTION (Crane /Keil) Motion Passed. Approve Resolution No. 96 -140. YES: Anderson, Crane, Keil, King NO: Sieminski Other New Business Items. Planning Commission Appointment. Anderson stated that Mayor Bencardino had selected Hugh Darling for appointment to the Planning Commission to fill the vacancy created when Stu Clark was elected to the City Council. She asked if there was any objection from the Council. Council confirmed without objection the appointment of Hugh Darling to the Planning and Zoning Commission for a term to expire in February 1998. INFORMATIONAL ITEMS AND REPORTS None. COUNCIL COMMENTS ANDERSON congratulated King on his re- election and welcomed new councilmembers Edgar Blatchford and Stu Clark. She thanked Sieminski for his years of service. She also congratulated Shari Adelmann on receipt of her award. Following discussion with GARZM, ANDERSON clarified the procedure for selection of the citizens' jury to review ferry depot proposals. She stated that the Mayor and Vice Mayor would select the jury from a list of names provided by the Council but would remove the names of citizens who were determined to have a direct conflict. 216 City of Seward, Alaska City Council Minutes October 14, 1996 Volume 32, Page 216 CITIZENS' COMMENTS STU CLARK, 1129 Cliff View Place, congratulated Adelmann and commended the Parks and Recreation Department for the landscaping that was completed this year. He stated that he looked forward to serving as a member of the City Council. JIM PRUITT, Maple Street, explained that he planned to install the floats between the dock and the shiplift in order to moor vessels awaiting repairs. He also stated that he was considering installing floats inside the float cells so that vessels could tie up prior to being lifted. He assured the Council that there would be no interference with the travelift operations. He further noted that he planned to develop the uplands to provide lighting and electricity. He answered an earlier question from Keil about the proposed cost of $84,000 for project development by noting that the money would be used to drive piling, provide water and electricity and construct a ramp to the uplands on a piece of land along the breakwater. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned at 10:00 p.m. eind'a S. )� City Clerk �T. n f' 4 '1 ^a Margaret Anders6n Vice Mayor City of Seward, Alaska October 28, 1996 CALL TO ORDER City Council Minutes Volume 32, Page 217 The October 28, 1996, regular meeting of the Seward City Council was called to order at 7:38 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Police Chief Walker led the pledge of allegiance to the flag. SEATING OF NEW COUNCIL City Clerk Murphy administered the oath of office to newly elected Councilmembers Edgar Blatchford and Stu Clark and re- elected Councilmember Jerry F. King. She presented each councilmember with a certificate of election and they took their seats at the dais. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat Clark Dave W. Crane Marianna Keil Jerry King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Recognition of outgoing Councilmembers. Mayor Bencardino presented a gold pan to Bruce Sieminski in recognition of his six years of service as a councilmember and a plaque to Darrell Deeter in recognition of his two years of service on the Council. Introduction of Teen Council /Proclamation, Red Ribbon Week. Teen and Youth Center Director Shari Adelmann introduced the 1997 Teen Council. Murphy read a proclamation of the Mayor proclaiming October 26 - November 3 as Red Ribbon Week. Teen Council President Sarah Williamson urged the community to support a drug -free lifestyle. Teen Council representatives presented Red Ribbons to the City Council. City of Seward, Alaska City Council Minutes October 28, 1996 Volume 32, Page 218 Borough Assembly Report. Assemblymember Mike Wiley reported on action taken at the most recent assembly meeting and items of interest scheduled for action on October 29. City Manager's Report. Garzini noted the Planning Commission's review of the traffic and parking report which had been included in the Council packets. He introduced John Hendricks, newly appointed CEO of the Alaska SeaLife Center. Hendricks thanked the Council and the community for the warm welcome he and his wife had received. Garzini noted the upcoming November 4 work session to discuss property proposals, parking and campground management proposals, strategic plan update and proposed legislative priorities. The City Council scheduled a work session for council orientation and presentation by city departments on Friday, November 15 at 1:00 p.m. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. None. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson /Clark) Approve the Agenda and Consent Agenda. Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Ordinance No. 96 -31, amending the Land Use Plan and zoning of various properties within the City of Seward, was introduced and set for public hearing on November 12, 1996; Resolution No. 96 -141, adopting an alternative allocation method for the FY 1997 shared fisheries business tax program and certifying that this allocation method fairly represents the distribution of significant effects of fisheries business activity in the Cook Inlet Fisheries Management Area, was approved; Resolution No. 96 -143, authorizing the destruction of the ballots from the October 1995 regular municipal election, was approved; The October 14, 1996 regular meeting minutes were approved as written; and The November 11, 1996 Council meeting was rescheduled to November 12. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment. 4. City of Seward, Alaska City Council Minutes October 28, 1996 Volume 32, Page 219 Ordinance No. 96 -28, amending SCC 14.05.015 regulating the use of dumpsters and trash receptacles in public areas Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard, and the public hearing was closed. MOTION (Crane /Anderson) Motion Passed. Enact Ordinance No. 96 -28. Unanimous Ordinance No. 96 -29, amending the zoning of Lots 8 -9, Block 27, Original Townsite, to Urban Residential Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard, and the public hearing was closed. MOTION (Crane /King) Motion Passed. Enact Ordinance No. 96 -29. Unanimous Resolutions Scheduled for Public Hearing Resolution No. 96 -142, in support of the Kenai Peninsula Borough proposed Ordinance No. 96 -39, providing for limited borough -wide animal control in the area outside cities Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. CHRISTINA KOHR, Mile 1, Exit Glacier Road, stated that many animal problems were site specific rather than area -wide. She noted that her dogs protected her home and property and should be allowed to continue to do so. She was opposed to certain sections of the ordinance but she supported control of vicious dogs and requirements for rabies shots. TIM NAVARRE, Kenai Peninsula Borough Assemblymember, outlined the various reasons for supporting the limited animal control ordinance including requirements for rabies shots, control of vicious dogs and implementation of contract agreements for the enforcement of animal control measures outside of cities. He noted that he had scheduled public hearings throughout the borough and welcomed input from the communities. He added that the ordinance was scheduled for action by the assembly on November 26. He thanked Councilmember Anderson for sponsoring a resolution in support of the ordinance. No one else requested to be heard, and the public hearing was closed. '61ju City of Seward, Alaska City Council Minutes October 28, 1996 Volume 32, Page 220 MOTION (Anderson /Keil) Approve Resolution No. 96 -142. The Council discussed the ordinance and the problems associated with enforcement outside of the city. Garzini stated that enactment of the ordinance would not obligate the city to contract for animal control in areas beyond the city limits. Anderson noted that the City was already providing animal control services for areas outside the city but was not being compensated for this service and added that this ordinance would provide a mechanism to fairly compensate the cities of the borough for their efforts on behalf of those outside their corporate boundaries. VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Blatchford, Clark, Crane, Keil NO: King Mayor Bencardino introduced former Mayor and State Commissioner Lee McAnerney. RECESS: The meeting recessed at 8:45 p.m. and reconvened at 8:53 p.m. NEW BUSINESS Election of Vice Mayor. King nominated Keil as Vice Mayor. Keil nominated Anderson and respectfully declined King's nomination. MOTION (Crane /Clark) Confirm appointment of Margaret Ander- son as Vice Mayor. Motion Passed. Unanimous. Mayoral Appointments. Beneardino made the following appointments for terms to expire in October 1997: Planning Commission Liaison -- Councilmember King Council representative to the KPB/EDD -- Mayor Bencardino Public representative to the KPB /EDD -- Mary Tougas COUNCIL COMMENTS The Mayor and Council welcomed Edgar Blatchford and Stu Clark to the City Council and noted that they looked forward to working together as a team. EDGAR BLATCHFORD stated that it was an honor and pleasure to serve the public and work with the Council. City of Seward, Alaska City Council Minutes October 28, 1996 Volume 32, Page 221 STU CLARK thanked the Council for its welcome and stated that he looked forward to serving the community. KING thanked the Coast Guard Cutter Mustang and Seward Fisheries for operating the annual Halloween "Spook House" for the community. He stated that the funds raised would be donated to the Parent Teacher Association. ANDERSON urged interested citizens to attend the Kenai Peninsula Crime Stoppers presentation at the Chamber of Commerce meeting on Friday. She suggested that the Council consider adoption of a resolution recognizing the historical and archaeological significance of the Alaska SeaLife Center site. BENCARDINO noted that the Council would be addressing several issues during the upcoming year, and he looked forward to working with each Councilmember. CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned at 9:00 p.m. S. lvf'urphy/, CM2 /AAE City (Ci - srirJ ��Ri s�r� ®s`i a y .y a Y � s r ` 4 1 T 22` City of Seward, Alaska City Council Minutes November 12, 1996 Volume 32, Page 222 CALL TO ORDER The November 12, 1996, regular meeting of the Seward City Council was called to order at 7:36 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stu Clark Dave W. Crane Marianna Keil Jerry King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Eric Wohlforth, City Attorney Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Borough Assembly Report. A written report by Assemblymember Mike Wiley was distributed to the Council and made available to the public. City Manager's Report. Garzini reported on the success of the 1996 campground season. He answered several questions from Councilmember Anderson on privatization of the campground management. City Attorney's Report. Wohlforth noted the recent personnel law seminar held by Attorney Rob Johnson for City Department Heads. Other Reports, Announcements and Presentations. Alaska SeaLife Center Update. Darryl Schaefermeyer reported on the future staffing levels of the SeaLife Center and gave an overview of the project budget and the fish pass facility. Roe Sturgulewski updated the Council on the construction. Maureen Simms gave a brief historical outline of the archaeological requirements mandated by the National Historic Preservation Act City of Seward, Alaska City Council Minutes November 12, 1996 Volume 32, Page 223 and reviewed the steps that had led to the recent disturbance of an identified archaelogically significant spot adjacent to the construction site. She noted the steps that had been taken to correct the situtation and apologized to the Council and the community for the error. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. MALCOLM FLEMING, 414 Second Avenue, requested Council consideration of continued operation of the bait shack on Boardwalk Site No. 5 by the Resurrection Bay Lions Club. He stated that the business was operated by volunteers, and all revenues received were returned to the community. MARK LUTTRELL, Camelot, discussed the historical significance of the recent archaeological find. He thanked Simms for the presentation and for acknowledging the error. BOB VALDATTA, 528 Fifth Avenue, presented a print to Mayor Bencardino in recognition of his first year of service to the community as Mayor. TOM TOUGAS, 1907 Dora Way, supported boardwalk site negotiations now rather than later in order to allow each proposer to plan ahead for the 1998 season. He stated that the lessees were willing to work with the City to develop the waterfront sites. He explained that the idea of eastward expansion of the boardwalk came about as a result of several council work sessions on property development. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane /Anderson) Approve the Agenda and Consent Agenda. Motion Passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution No. 96 -145, appropriating funds for the purchase of additional supplies for the teen and youth center, was approved; Resolution No. 96 -146, approving a contract with the U. S. Immigration and Naturalization Service to provide space for federal prisoners arrested in the Seward area for violations of immigration laws, was approved; Resolution No. 96 -148, approving a change order to the purchase order with Seward Building Supply for portable toilet rentals and appropriating funds, was approved; and The October 28, 1996 regular meeting minutes were approved as written. N1 City of Seward, Alaska City Council Minutes November 12, 1996 Volume 32, Page 224 PUBLIC HEARINGS Ordinances for Public Hearing and Enactment. Ordinance No. 96 -31, amending the land use plan and zoning of various properties Murphy noted the Land Use Plan amendments on the following properties: Cliff Addition, Lots 5 -7, Block 11, from R1 to Park; Cliff Addition, Lot 3A, Block 12, from R1 to Park; Laubner Addition, Lot 13, Block 11, from UR to Park; Clearview Subdivision No. 3, Tract A, from R2 to Auto Commercial; and NE 1 /a, S28, T1N, R1W, Tax Parcel No. 144 - 240 -01, from Resource Management to Institutional. Murphy noted the zoning map amendments on the following properties: Cliff Addition, Lots 5 -7, Block 11, from R1 to Park; Cliff Addition, Lot 3A, Block 12, from R1 to Park; NE 1 /, S28, TIN, R1W, Tax Parcel No. 144 - 240 -01, from Resource Management to Institutional; and Federal Addition, Lots 9 -12, Block 13, from R2 to Auto Commercial. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard, and the public hearing was closed. MOTION (Clark /Keil) Enact Ordinance No. 96 -31. King declared a conflict of interest as owner of several of the properties to be rezoned. Mayor Bencardino ruled that King had a conflict of interest and would abstain from discussion and voting. VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Blatchford, Clark, Crane, Keil ABSTAIN: King UNFINISHED BUSINESS None. City of Seward, Alaska November 12, 1996 NEW BUSINESS City Council Minutes Volume 32, Page 225 Resolution No. 96 -144, awarding negotiation rights to certain boardwalk lease proposers MOTION (Keil /Crane) Approve Resolution No. 96 -144. MOTION (Anderson /Clark) Postpone until November 25, 1996. Anderson requested an amended resolution that would allow the Council to provide input on the time line and criteria of the leases prior to approving negotiations with the proposers. In answer to a question from Clark, Garzini stated that negotiation rights could be awarded to each proposer tonight and he would present the lease issues to the Council prior to public hearing and approval. VOTE ON MOTION TO POSTPONE Motion Failed. YES: Anderson, Blatchford, Clark NO: Bencardino, Crane, Keil, King Anderson requested submittal of the draft leases for review by the Council prior to scheduling public hearing and approval. Garzini stated that he would submit draft guidelines to the Council and receive input before proceeding with negotiations. VOTE ON MAIN MOTION Motion Passed. Unanimous Resolution No. 96 -147, confirming the Memorandum of Further Exchanges between the City of Seward and the City of Yochon, South Korea MOTION (Anderson /Keil) Approve Resolution No. 96 -147. Garzini stated that the three main goals of the trip were to 1) re- establish close ties with Suneel in order to encourage continued export of coal, 2) work towards a dedicated shipment of coal through a back -haul commerce opportunity, and 3) continue cultural exchanges with the City of Yochon. He added that he had written a letter to the Commissioner of Commerce urging the state to promote the sale of clean coal technology to Korea to help with the country's tremendous pollution problems and to assure a market for Alaska coal. Bencardino and Crane commented on their experiences as members of the delegation to Korea. VOTE ON MOTION Motion Passed. Unanimous. City of Seward, Alaska City Council Minutes November 12, 1996 Volume 32, Page 226 Other Business Items. Appointment of Citizen Jury to review railroad depot proposals. Mayor Bencardino postponed appointments until November 25, 1996. There was no objection from the Council. INFORMATIONAL ITEMS AND REPORTS None. COUNCIL COMMENTS KING reported on action taken at the November 6, 1996 Planning and Zoning Commission meeting. ANDERSON stated that a November 2 training session on planning and zoning issues was well attended. BENCARDINOthanked the Council for approving the trip to Korea. He instructed the administration to write a thank you letter to In Jae Kim for his assistance during the visit. CITIZENS' COMMENTS DONNA MAREK, 1810 Phoenix Road, requested a copy of any updated policies on land development. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS GARZINIreplied to Marek that the boardwalk lease sites would be addressed first, and the policies on the other land development proposals would be addressed in the future. BENCARDINO thanked Bob Valdatta for his help and assistance as an "ambassador" for Seward. He noted that Valdatta was always willing to help out and had positive ideas to enhance the community. MURPHY reminded the Council of the Council orientation work session scheduled to begin at 1:00 p.m. on Friday. GARZINI reported that DOT /PF Commissioner Perkins would be visiting Seward this Friday along with Borough Mayor Navarre. He stated that the goal was to keep the city's cruise ship dock as a top legislative priority for 1998. CLARK also thanked Valdatta for his service to the community. City of Seward, Alaska November 12, 1996 ADJOURNMENT The meeting was adjourned at 9:32 p.m. �,ty Clerk . , s git Seal) yy � N b gp�y J 996 City Council Minutes Volume 32, Page 227 City Council Minutes Volume 32. Pape 227 CALL TO ORDER The November 25, 1996, regular meeting of the Seward City Council was called to order at 7:36 p.m. by Mayor Louis A. Bencardino. PLEDGE OF ALLEGIANCE Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stu Clark Dave W. Crane Marianna Keil comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk City of Seward, Alaska City Council Minutes November 25 1996 Volume 32, Page 228 ABSENT was: Jerry King - excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Murphy noted a proclamation designating December 1, 1996 as World Aids Day in Seward. Borough Assembly Report. Assemblymember Mike Wiley reported on action taken at the most recent assembly meeting. City Manager's Report. Garzini reported that the City was currently gathering data and meeting with various regulatory agencies and environmental groups to assess the impacts of Enstar's proposal to construct a gas pipeline to Seward. He also noted that he had met with Providence officials to discuss a possible preferred provider program for City and other local employees. He stated that Department of Transportation Commissioner Perkins had suggested that the State, City and the Alaska Railroad Corporation develop a joint plan to address the problems at the railroad dock. Garzini stated that he would ask the Alaska Railroad and the various cruise ship lines to provide written commitments to participate financially in improvements to the dock to better accommodate cruise ship passengers. City Attorney's Report. None. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. None. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark /Kell) Approve the Agenda and Consent Agenda. Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Resolution No. 96 -149, approving a contract with Alaska Newspapers, Inc., for advertising services, was approved; The November 12, 1996 regular meeting minutes were approved as written; and The following appointments were made to the citizens jury to review the Historic Railroad Depot development proposals: Chairman Doug Capra, Carol Freeman, Carol Griswold, Doug Lechner, Vicki Seigel, Barbara Shea and Leo Wakefield. City of Seward, Alaska City Council Minutes November 25, 1996 Volume 32, Page 229 UNFINISHED BUSINESS Boardwalk lease negotiations policy guidelines. The boardwalk lease negotiations policy guidelines outlined in the November 15, 1996 memorandum from Garzini were reviewed by the Council and the administration. Crane and Anderson suggested a few minor changes, and Yanez agreed to present copies of the revised policy guidelines to the Council at a later date. NEW BUSINESS Resolution No. 96 -150, establishing projects and priorities for the State Legislative Program MOTION (Anderson /Clark) Approve Resolution No. 96 -150. MOTION (Crane /Clark) Amend by adding priority no. 9, support for recreation facility indemnification bill. Motion Passed. Unanimous The Clerk read the following list of legislative priorities for the public: 1. Alaska Railroad Dock Improvements 2. Spring Creek Correctional Center Improvements 3. North Forest Acres Road 4. East Harbor Expansion - Matching Funds for Design 5. Support of Marine Fuel Tax Designation to Marina /Port Maintenance 6. Alaska Railroad Dock North Access Road 7. Support of Capital Projects Matching Grants Program 8. Seward Life Action Council Facility Construction Funds 9. Support for Recreation Facility Indemnification Bill VOTE ON MOTION TO APPROVE THE RESOLUTION AS AMENDED Motion Passed. Unanimous Murphy noted that the following resolution had been included in the Council's agenda packets: Resolution No. 96 -150, terminating the contract with Afognak Logging for removal of rock from the SMIC quarry effective December 31, 1997, and authorizing the city manager to issue a request for proposals for the operation of the SMIC rock quarry She stated that the following substitute resolution had been distributed to the Council and made available to the public: City of Seward, Alaska City Council Minutes November 25, 1996 Volume 32, Page 230 Resolution No. 96 -151 (substitute), extending the contract with Afognak Logging for removal of rock from the SMIC quarry until May 31, 1997, and authorizing the city manager to issue a request for proposals for the operation of the SMIC rock quarry to begin upon termination of the Afognak contract MOTION (Crane /Clark) Motion Passed. External audit services. MOTION (Crane /Clark) Approve Resolution No. 96 -151, substitute. Unanimous Issue a request for proposals for auditor services. Motion Passed. YES: Bencardino, Blatchford, Clark, Crane, Keil NO: Anderson RECESS: The meeting recessed at 9:05 p.m. and reconvened at 9:12 p.m. COUNCIL COMMENTS CLARK thanked the citizens of Seward for sponsoring his attendance at the Alaska Municipal League (AML) Conference and the Newly Elected Officials Seminar in Anchorage. He commended those who participated in the hospital privatization presentation (Anderson, Garzini, Murphy and Yanez). He also commended Kris Erchinger on achieving the Certified Government Finance Manager designation. KEIL congratulated Kris Erchinger. She noted that she would submit a written report regarding the AML Conference, CRANE wished everyone a Happy Thanksgiving. ANDERSON congratulated Erchinger and stated that she was proud to note that Ms. Erchinger was a graduate of Seward High School. She thanked Yanez for the newsletter to the downtown businesses outlining their responsibilities for snow and ice removal, and she thanked Dave Calvert and the public works department for decorating the Christmas Tree and the downtown area with holiday lights. Anderson noted that the sessions she had attended at the AML Conference had been worthwhile, and she displayed the "Award of Excellence" plaque recognizing the City of Seward for the innovation displayed in the hospital privatization project which she accepted on behalf of the City at the AML business meeting in Anchorage. BENCARDINO thanked Kris Erchinger for her efforts on behalf of the city. He thanked the electric department for a successful Christmas Tree Lighting Ceremony. �1 City of Seward, Alaska November 25, 1996 CITIZENS' COMMENTS City Council Minutes Volume 32, Page 231 BOB VALDATTA, 528 Fifth Avenue, asked about the status of the federal lobbyist proposals. He noted that the World Trade Center was accessible through the internet for anyone desiring information on economics and commerce. He thanked Afognak Logging for building a road at the SMIC facility to support transport of the rock from the quarry. RON LONG, Camelot, noted that anyone interested in accessing or providing information for the World Trade Center on the internet could contact Kathy Cline or him. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS GARZINI stated that the federal lobbyist proposals were currently being reviewed by a committee of the Council. FR11110109►1u1DQ0Y The meeting was adjourned at 9:26 p.m. / l nda S. rphy, CM A City Cler (C "se$lj w 6r g 'Y -)0 City of Seward, Alaska City Council Minutes December 9, 1996 Volume 32, Page 232 CALL TO ORDER The December 9, 1996 regular meeting of the Seward City Council was called to order at 7:35 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Police Chief Tom Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Stirrat Clark Dave W. Crane Marianna Keil Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Brad Meyen, City Attorney Linda S. Murphy, City Clerk ABSENT Edgar Blatchford SPECIAL ORDERS, PRESENTATIONS AND REPORTS Borough Assembly Report. Kenai Peninsula Borough Assembly Member Mike Wiley reported on the November 26, 1996 Assembly Meeting. He noted that Jack Brown had been elected Assembly President for the next year. City Manager's Report. Garzini presented an update on the progress of the GPS Instrument Approach Environmental Impact Study currently underway. Council approved the issuance of a letter of non - objection from the community for any possible environmental impact expected as a result of the proposed instrument approach system. Garzini noted that he and the Mayor would be meeting with the President of the Alaska Railroad Corporation in Anchorage on Thursday, December 12. He also reported that the City's Health Insurance Carrier, APUIT, had met recently to review loss ratios and rates for the coming year. As a result of a couple of unusually large claims filed by City employees during the past year, the Insurance Trust had experienced a loss for that time frame. Therefore, the City's request to City of Seward, Alaska City Council Minutes December 9, 1996 Volume 32 Page 233 change its plan from a 90/10 to an 80/20 reimbursable package would not result in a rate reduction as the City had hoped. Rather, this reduction in coverage would hold the line on an increase in premiums for the immediate future; however, it was possible that the City would experience a rate increase even with the reduction in coverage. He promised to keep the Council informed as to the status of this program. In response to questions from Anderson and Crane, Garzini and Manager of Engineering and Utilities Calvert briefly explained the ordinance scheduled for introduction on the Consent Agenda. Calvert stated that the ordinance did not reflect a change in the way the City currently conducted its snow removal program. Rather, the ordinance would authorize the City to impound vehicles parked illegally in areas closed for snow removal if the owners refused to move them or could not be located. Garzini noted that attempting to plow around these vehicles created a hazard for both the vehicles and the City's equipment operators and exposed the City to increased liability. City Attorney's Report. Meyen reported on legal activities for the month of November. SeaLife Center Update. Darryl Schaefermeyer and Roe Sturgulewski reviewed the status of SAAMS fund raising activities (on schedule) and the construction of the Alaska SeaLife Center (now 41% complete and ahead of schedule). CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING Dot Bardarson, Nash Road, spoke in opposition to the paid parking proposal before the City Council (Resolution No. 96 -156). Randy McFarland, Mile 6.3, Seward Highway, spoke in support of the paid parking proposal (Resolution No. 96 -156). APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson/Keil) Approve the Agenda and Consent Agenda. King moved Resolution No. 96 -159 from the Consent Agenda 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: Ordinance No. 96 -32, revising Seward City Code Chapter 11.15 to provide for the impoundment of vehicles parked in closed or restricted areas, was introduced and set for public hearing on January 13, 1997; City of Seward, Alaska City Council Minutes December 9, 1996 Volume 32, Page 234 Resolution No. 96 -153, authorizing payment to Quality Asphalt Paving, was approved; Resolution No. 96 -154, authorizing payment to EBA Engineering for testing of concrete installed at the Waterfront Park Skateboard Facility and appropriating funds, was approved; Resolution No. 96 -157, authorizing reimbursement to the Alaska Railroad Corporation for improvements to restrooms as required by the Alaska Marine Highway System and appropriating funds, was approved; Resolution No. 96 -158, approving a permit for the discharge of fireworks on December 31, 1996, as requested by the Seward Chamber of Commerce, was approved; The November 25, 1996, regular meeting minutes were approved as written, An application for renewal of a liquor license as filed by Ray's Waterfront Restaurant was approved; The Council concurred with the Kenai Peninsula Borough Planning Commission's decision to vacate that portion of Lowell Street lying between First Avenue and the easterly boundary of Lot 4A Marathon Addition, to Seward Townsite, Part 2, and the vacation of utility easements as set forth in the Hospital Replat; The December 23, 1996, regular meeting was canceled in observance of the Christmas Holiday; and It was noted that the Downtown Vision `98 Presentation would be presented at a public meeting at the AVTEC Auditorium on Wednesday, December 11, beginning at 7:00 p.m. PUBLIC HEARINGS Resolution No. 96 -152, approving Amendment No. 1 to the lease with Polar Equipment, Inc., dba Cook Inlet Processing, to exempt certain fresh fish purchases from the published wharfage rate Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one requested to be heard, and the public hearing was closed. MOTION (Clark/Anderson) Approve Resolution No. 96 -152. Garzini explained that Cook Inlet Processing was committed to making a substantial capital investment at its lease site and would be providing employment opportunities with a projected payroll of $4 Million annually. In exchange, the lessee had requested an exemption from the City's regular wharfage rate assessed on fresh fish brought over the City's docks. Garzini noted that the City had granted a similar exemption to Seward Fisheries in recognition of its capital investment and local employment opportunities. In response to a question from Clark, Harbormaster Singleton noted that City of Seward, Alaska City Council Minutes December 9, 1996 Volume 32, Page 235 the City budgeted approximately $10,000 in wharfage revenues for activities at that particular site. Garzini added that this agreement with Cook Inlet Processing should result in a substantial increase in raw fish tax to the City which should more than offset the loss in wharfage. VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed. Unanimous UNFINISHED BUSINESS --None NEW BUSINESS Resolution No. 96 -155, awarding exclusive rights to negotiate to selected waterfront lease site proposers MOTION (Keil/Anderson) VOTE ON MOTION YES NO: Approve Resolution No. 96 -155. Anderson, Bencardino, Crane, Keil, King Clark Motion Passed. 5 Yes, 1 No Resolution No. 96 -156, awarding an exclusive right to negotiate for parking management services to Randy McFarland MOTION (Anderson /Crane) Approve Resolution No. 96 -156. Garzini noted that approval of this resolution would allow the administration to work with McFarland to develop a contract, fee schedule and regulations which would be brought back to Council for approval. He stated that the majority of those responding to community surveys in each of the past three years had supported paid parking in the small boat harbor. He added that McFarland had listened to public and business concerns and had addressed them in his proposal, and the addition of a small fee for parking would increase capacity by encouraging visitors to use free lots located outside of the small boat harbor's central boating and commercial area and would help to eliminate the ill will created when tourists were assessed parking fines for exceeding the time limit in the central parking lot. In addition, revenues from parking would provide funds for paving and other improvements to additional parking areas. Clark stated that he could not support paid parking until the City had established goals and a method for achieving them. He objected to increasing revenues without identifying a specific use for that additional revenue. Keil stated that she had originally been opposed to paid parking in the harbor, but had changed her mind after attending Alaska Municipal League and learning the serious impacts continued expected reductions in state funding would have on municipalities throughout Alaska. She stated that City of Seward, Alaska City Council Minutes December 9, 1996 Volume 32, Page 236 she would support the McFarland proposal if the fees remained substantially the same as those set forth in his proposal. She stressed the City's need to begin to take care of its own needs rather than looking to the state or federal government for assistance. King stated that the state grant agreement for construction of the parking lot adjacent to the northeast boat launch ramp required any revenues from paid parking in excess of amounts needed for maintenance, operation and improvements to the lot to be credited back to the state. He also objected to doing anything that further discouraged tourism in Seward. He noted that the delegation that visited Oregon in preparation for its Downtown Vision `98 Presentation had reported that none of the cities visited charged for parking in public lots. Meyen noted that the grant concerns raised by King were administrative matters that could be worked out with the state. Garzini agreed that the grant would not present a problem. He also added that the shortage of parking spaces and the lack of funds to provide proper management of existing facilities were critical issues that must be addressed by the Council and must be funded by the City. He suggested that this objective could be reached through a seasonal sales tax increase or an increase in property taxes, but felt that the burden for providing excess parking for visitors to the community should be borne in part by the users of the parking facilities. He noted that communities in Oregon might not charge for parking, but most of those communities had mil rates of 20 as opposed to the 3 mils assessed by the City of Seward. Anderson stated that the City had to begin paying its own way now that state funding was disappearing. VOTE ON MOTION TO APPROVE RESOLUTION YES: Anderson, Bencardino, Crane, Keil NO: Clark, King Motion Passed, 4 Yes, 2 No RECESS: The meeting was recessed at 9:00 p.m. and reconvened at 9:10 p.m. Resolution No. 96 -159, transferring funds from the Mayor /Council travel budget to the promotion budget for donation to the Alaska Association of Municipal Clerks to cover a portion of the cost of a reception for incoming IIMC President Linda Murphy to be held at the HMC Conference in Buffalo, New York MOTION (Crane /Anderson) Approve Resolution No. 96 -159. King objected to spending tax dollars to fund a reception for IIMC delegates in New York. VOTE ON MOTION YES: Anderson, Bencardino, Clark, Crane, Keil NO: King City of Seward, Alaska City Council Minutes December 9, 1996 Volume 32, Page 237 Motion Passed. 5 Yes, 1 No COUNCIL DISCUSSION CRANEstated that some senior citizens had expressed concern that the AVTEC Auditorium was not handicap accessible, making it impossible for some members of the community to attend the Downtown Vision `98 presentation. Keil noted that there was an elevator in the building and the auditorium was handicap accessible. CLARK encouraged everyone to attend the Vision `98 presentation on Wednesday. KINGreported on the actions taken by the Planning Commission at its December 4 meeting and noted that the meeting would be continued on Tuesday, December 10. He also expressed concern that the downtown decorative banners had not been taken down at the end of the season and, as a result, were now shredded and torn. He asked that the administration reprimand whoever was responsible for this situation. ANDERSON wished the community a happy holiday season. She also noted that further review of the harbor area lease rates revealed that the City's lease rates are now comparable to those charged by the Alaska Railroad Corporation. She asked that more emphasis be given to getting all City leases on the same 5 -year appraisal schedule. BENCARDINO noted that the Kenai Peninsula Municipal Coalition would be meeting in Soldotna on Thursday, December 12, beginning at 10:00 a.m. He also instructed the City Clerk to place the reappointment of Dennis Lodge to the RCAC on the January 13 Consent Agenda. There was no objection from the City Council. He stated that he had recently toured the town with Public Works Director Ainsworth and was impressed with the new piece of snow removal equipment. CITIZENS' DISCUSSION Fred Woelkers, Bear Creek, asked the City Council to rescind its resolution supporting the Borough's animal control ordinance. He noted that the ordinance had been through several revisions since its introduction, and he was currently working on his own revisions which he intended to present to the Assembly before action was taken on the ordinance. Anderson asked Yanez and Chief Walker to review the latest version of the ordinance and report back to the Council. Woelkers agreed to provide a copy of his revisions to the City once they had been reviewed and approved by Assemblymember Wiley. Carol Chaudiere, 1129 Cliff View Place, suggested that the City superimpose the outline of proposed new construction in the boat harbor on a wide angle photo of the shore line to better assess the visual impacts they would have. Randy McFarland, Mile 6, Seward Highway, stated that he had called each of the towns highlighted in the Downtown Vision `98 presentation and asked for an assessment of their parking programs. He reported that none of the towns provided more than 2 hours of free parking in public City of Seward, Alaska City Council Minutes December 9, 1996 Volume 32, Page 237 Motion Passed. COUNCIL DISCUSSION 5 Yes, 1 No CRANEstated that some senior citizens had expressed concern that the AVTEC Auditorium was not handicap accessible, making it impossible for some members of the community to attend the Downtown Vision `98 presentation. Keil noted that there was an elevator in the building and the auditorium was handicap accessible. CLARK encouraged everyone to attend the Vision `98 presentation on Wednesday. KINGreported on the actions taken by the Planning Commission at its December 4 meeting and noted that the meeting would be continued on Tuesday, December 10. He also expressed concern that the downtown decorative banners had not been taken down at the end of the season and, as a result, were now shredded and torn. He asked that the administration reprimand whoever was responsible for this situation. ANDERSON wished the community a happy holiday season. She also noted that further review of the harbor area lease rates revealed that the City's lease rates are now comparable to those charged by the Alaska Railroad Corporation. She asked that more emphasis be given to getting all City leases on the same 5 -year appraisal schedule. BENCARDINO noted that the Kenai Peninsula Municipal Coalition would be meeting in Soldotna on Thursday, December 12, beginning at 10:00 a.m. He also instructed the City Clerk to place the reappointment of Dennis Lodge to the RCAC on the January 13 Consent Agenda. There was no objection from the City Council. He stated that he had recently toured the town with Public Works Director Ainsworth and was impressed with the new piece of snow removal equipment. CITIZENS' DISCUSSION Fred Woelkers, Bear Creek, asked the City Council to rescind its resolution supporting the Borough's animal control ordinance. He noted that the ordinance had been through several revisions since its introduction, and he was currently working on his own revisions which he intended to present to the Assembly before action was taken on the ordinance. Anderson asked Yanez and Chief Walker to review the latest version of the ordinance and report back to the Council. Woelkers agreed to provide a copy of his revisions to the City once they had been reviewed and approved by Assemblymember Wiley. Carol Chaudiere, 1129 Cliff View Place, suggested that the City superimpose the outline of proposed new construction in the boat harbor on a wide angle photo of the shore line to better assess the visual impacts they would have. Randy McFarland, Mile 6, Seward Highway, stated that he had called each of the towns highlighted in the Downtown Vision `98 presentation and asked for an assessment of their parking programs. He reported that none of the towns provided more than 2 hours of free parking in public City of Seward, Alaska City Council Minutes December 9, 1996 Volume 32 Page 238 lots. Some provided parking lots through an assessment program under which area businesses paid for the parking provided by the City. Most of those called stated that their towns currently had parking problems, and they were considering the adoption of a paid parking program. Donna Marek, 1810 Phoenix Road, thanked the Council for accepting her proposal for development of the old kayak rental site. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS KEEL thanked Chaudiere for her suggestions regarding the assessment of development impacts on waterfront views. ADJOURNMENT The meeting was adjourned at 9:35 p.m. City Clerk (City • c , — Louis A. B ncardino � `Mayor City of Seward, Alaska City Council Minutes January 13, 1997 Volume 32, Page 239 CALL TO ORDER The January 13, 1997 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag.