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HomeMy WebLinkAbout1997 City Council Minutes 740 City of Seward,Alaska City Council Minutes January 13, 1997 Volume 32, Page 240 ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat (Stu) 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 Eric Wohlforth, City Attorney Linda S. Murphy, City Clerk SPECIAL ORDERS AND PUBLIC HEARINGS Borough Assembly Report. Kenai Peninsula Borough Assembly representative Mike Wiley gave a brief report of the January 7, 1997 assembly meeting. City Manager's Report. Garzini distributed a memorandum addressing several harbor related issues that had been raised by Councilmember Anderson. He also noted that he intended to move forward with plans to build a new ballfield in cooperation with the Seward Little League Association using $130,000 in recently received Chugach Electric capital credits and funds remaining in the Youth Center Renovation Account. There was no objection from Council regarding the use of these funds; however, Clark objected to placing the field away from the city center. Keil pointed out that parents preferred moving the ballfields to a less congested area such as the one identified by Garzini. Garzini stated that he would meet with Little League President Jerry Fleetwood and would bring a contract and plan back to the Council for public input and Council consideration. Clark asked if Kent Dawson's contract to lobby for a private prison facility in Anchorage would create a conflict with respect to his contract with the City. Garzini stated that he did not see a conflict in this situation and assured Council that Dawson's primary allegiance was to the City of Seward. Clark noted a letter to the Council from Don Cripps objecting to remarks made by Garzini at the January 8 meeting of the Planning Commission. Clark stated that he had also been in attendance and agreed with Cripps' assessment that Garzini's comments were arrogant and outside the scope of his authority as city manager. Garzini distributed a verbatim transcript of his remarks and stated that he did not feel that any of the comments were arrogant. He stated that the City's primary responsibility was public safety and he viewed the requested hospital helispot as a public safety issue. He apologized to anyone who may have found his remarks to be out of line and stated that it was not his intent to be arrogant. At King's request, Murphy read the Garzini transcript. In 4 I ' City of Seward,Alaska City Council Minutes January 13, 1997 Volume 32, Page 241 response to a question from Anderson, she noted that Providence had filed the appeal which would be heard by the Council on January 27. City Attorney's Report. Wohlforth stated that Brad Meyen had attended the January 8 Commission meeting and was reviewing the draft findings of the Commission's decision to deny the requested conditional use permit amendment (to allow the helispot). RCAC Candidate. Dennis Lodge, candidate for re-appointment as the City's representative on the Regional Citizens' Advisory Council, expressed his desire to continue to serve for another 2- year term. He introduced Leann Ferry of the RCAC's Anchorage office. Ms. Ferry presented a brief overview of recent RCAC activities and improvements that had been made in the oil transport industry over the past two years. Polar Bear Jumpoff Festival Update. Marilyn Reynolds and Connie Kulander reviewed upcoming Polar Bear Festival events and urged everyone to attend and participate. Alaska SeaLife Center Update. Construction Manager Roe Sturgulewski presented a status report on SeaLife Center construction. RECESS: The meeting was recessed at 9:00 p.m. and reconvened at 9:10 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. Clark asked that the appointment of Dennis Lodge to the RCAC be moved to the Consent Agenda. He also added "the investigation of alternative sites for the Seward Providence Medical Center" to New Business. Anderson moved Resolution No. 97-003 from the Consent Agenda to the Regular Meeting Agenda. She also added "Comprehensive Plan Review" to New Business. 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. 97-01, amending Seward City Code Titles 15 and 16 to require the public posting of property that is the subject of planning, zoning and subdivision changes and the notification of affected property owners when changes are proposed in major district boundaries, was set for public hearing on January 27, 1997; City of Seward,Alaska City Council Minutes January 13, 1997 Volume 32, Page 242 Resolution No. 97-001, authorizing the issuance of a special events permit to the Seward Polar Bear Jumpoff Festival, Inc., for a parade and the annual Polar Bear Plunge to occur on Saturday, January 18, 1997, was approved; Resolution No. 97-002, amending the City's deferred compensation plan to a Section 457 Plan and Trust and authorizing the City Manager to affirm that the City agrees to serve as trustee under the Plan with Plan assets held in the ICMA Retirement Trust, was approved; Resolution No. 97-007, approving a mutual aid agreement between the Kenai Peninsula Law Enforcement Agencies and the Alaska State Troopers, was approved; Resolution No. 97-012, approving a contract between the City of Seward and Robertson, Monagle & Eastaugh; Stevens & Associates; and Baker, Zane, Edmonds & O'Malley for federal lobbying services, was approved; Resolution No. 97-014, extending the contract with Marathon Fuel Service for petroleum products through December 31, 1997, was approved; Resolution No. 97-015, accepting a capital matching grant from the State of Alaska for historical records preservation, appropriating funds and amending the Browns River Bindery purchase order for preservation services, was approved; December 9, 1996 regular meeting minutes were approved; Request for renewal of a liquor license as filed by Peking Chinese Restaurant was approved; Dennis Lodge was re-appointed to another 2-year term as the City's representative on the Regional Citizens' Advisory Council; A memorandum from Fire Chief Gage regarding the ISO rating change from Class 5 to Class 4 was noted for information; and A memorandum from Police Chief Walker presenting an update on Kenai Peninsula Borough Animal Control Ordinance No. 96-39 Substitute was noted for information. SPECIAL ORDERS AND PUBLIC HEARINGS Ordinance No. 96-32, revising Seward City Code Chapter 11.15 to provide for impoundment of vehicles parked in closed or restricted areas. Notice of public hearing as published and posted 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/Clark) Enact Ordinance No. 96-32. City of Seward,Alaska City Council Minutes January 13, 1997 Volume 32, Page 243 MOTION (Anderson/Clark) Amend the language in §11.15.087A by adding the following after "Fifth Avenues,": "and in the harbor area, designated as that portion of Fourth Avenue between North Harbor and South Harbor Streets,". VOTE ON AMENDMENT Motion Passed. Unanimous VOTE ON ENACTMENT OF ORDINANCE AS AMENDED Motion Passed. YES: Anderson,Bencardino, Blatchford, Clark, Crane, Keil NO: King 6 Yes, 1 No Resolution No. 97-005, authorizing the acquisition of the Odd Fellows Cemetery Tract from the Right Grand Worth Lodge of Washington, Independent Order of Odd Fellows, for public 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 (Clark/Crane) Approve Resolution No. 97-005. VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed. Unanimous NEW BUSINESS Resolution No. 97-003, amending administrative filing fees for land manage- ment, signs, zoning and platting requests MOTION (Crane/Keil) Approve Resolution No. 97-003. MOTION (Anderson/Crane) Amend by changing effective date to "February 1, 1997, subject to enactment of Ordinance No. 97- 01." VOTE ON MOTION TO AMEND Motion Passed. YES: Anderson, Bencardino, Blatchford, Clark, Keil, King NO: Crane ')! j City of Seward,Alaska City Council Minutes January 13, 1997 Volume 32, Page 244 6 Yes, l No VOTE ON MOTION TO APPROVE RESOLUTION AS AMENDED Motion Passed. Unanimous Resolution No. 97-004, rescinding Resolution No. 96-013 and authorizing the City Clerk to issue two mobile vendor permits in the Small Boat Harbor Plaza MOTION (Crane/Anderson) Approve Resolution No. 97-004. Murphy noted a phone call she had received from Jody Sutherland, attorney for Ralph Gross, objecting to the recommendation that the City Council deny Mr. Gross's request for a 1997 vendor permit. Murphy suggested that the Council amend the resolution to provide Mr. Gross an opportunity to address the Council at a future meeting prior to Council consideration of his permit request. MOTION (King/Keil) Amend Section 3 of the resolution to read: "The City Council will consider a request to extend the small boat harbor vendor permit as filed by Ralph Gross, Alaska Gold Nugget and Diamond Com- pany, at a future meeting following a presentation by Mr. Gross." VOTE ON AMENDMENT Motion Passed. Unanimous VOTE ON APPROVAL OF RESOLUTION AS AMENDED Motion Passed. Unanimous Resolution No. 97-006, awarding an Exclusive Right to Negotiate to Chugach Alaska Corporation and the Qutekcak Native Tribe for lease of the historic ferry depot facility MOTION (Keil/Clark) Approve Resolution No. 97-006. Blatchford declared has conflict of interest as a voting member of Chugach Alaska Corporation. Mayor Bencardino affirmed the conflict of interest and instructed Blatchford to abstain from discussion or voting on this matter. Anderson noted that she was a non-voting member of Chugach Alaska Corporation. Bencardino declared that Anderson had no conflict of interest with regards to this matter. City of Seward,Alaska City Council Minutes January 13, 1997 Volume 32, Page 245 Anderson stated that the negotiations process should include a requirement that the lessee work with SeaLife Center officials with regards to the Park and the Center's landscape design. She also asked that the agreement include a requirement that the lessee provide public restrooms to accommodate increased numbers of tourists in the area. Keil objected stating that the RFP did not contain any reference to public restrooms and it would be unfair to require that the lessee pay for these public facilities. MOTION (Clark/Anderson) Amend by inserting a new Section 2 to read: The negotiations process will include specific agree- ments regarding signage and other interpretations dedicated to local transportation history and pioneer culture that the railroad depot represents. VOTE ON AMENDMENT Motion Passed. YES: Anderson, Bencardino, Clark, Crane, Keil, King ABSTAIN: Blatchford 6 Yes, 1 Abstain VOTE ON APPROVAL OF RESOLUTION AS AMENDED Motion Passed. YES: Anderson, Bencardino, Clark, Crane, Keil, King ABSTAIN: Blatchford 6 Yes, 1 Abstain Resolution No. 97-008, awarding a contract to Swenson Construction for the library renovation project and appropriating funds MOTION (Clark/Crane) Approve Resolution No. 97-008. Murphy noted that the resolution contained incorrect appropriation amounts in Section 2 and referred the Council to a substitute memorandum which had been distributed. MOTION (Clark/Anderson) Amend by changing the two sums listed in Section 2 to "$6,203.00" and $3,101.50" VOTE ON AMENDMENT Motion Passed. Unanimous VOTE ON APPROVAL OF RESOLUTION AS AMENDED Motion Passed. Unanimous City of Seward,Alaska City Council Minutes January 13, 1997 Volume 32, Page 246 Resolution No. 97-009, approving the sale of the 1965 American LaFrance Fire Engine to Cooper Landing Volunteer Fire Department MOTION (Clark/Anderson) Approve Resolution No. 97-009. VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed. Unanimous Resolution No. 97-010, in support of the Seward Bay View Charter School application MOTION (Keil/Bencardino) Approve Resolution No. 97-010. Keil noted that the State's Charter School Act of 1995 allowed the creation of charter schools, and three had been allocated for the Kenai Peninsula Borough School District. She stated that she supported the Bay View application because it promised to provide a different kind of learning environment for children who might not thrive in the more traditional school system. She stated that the school would take only 10-20 students and should have no negative impact on the local schools. She added that High School Principal Malcolm Fleming and other local educators supported the charter school concept. VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed. Unanimous Resolution No. 97-011, approving a contract with Peratrovich, Nottingham & Drage to complete the Port of Seward Improvement Feasibility Study and appropriating funds MOTION (Anderson/Clark) Approve Resolution No. 97-011. VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed. Unanimous Resolution No. 97-013, approving a contract with Seward Towing to provide towing and impound services to the City MOTION (Anderson/Keil) Approve Resolution No. 97-013. VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed, Unanimous City of Seward,Alaska City Council Minutes January 13, 1997 Volume 32, Page 247 ... Resolution No. 97-016, setting fees and charges for paid parking operations in the harbor-area lots MOTION (Crane/Anderson) Approve Resolution No. 97-016. MOTION (Crane/Anderson) Amend the"Slipholder Pass" for both commercial and noncommercial categories to $25/season. VOTE ON AMENDMENT Motion Passed. Unanimous MOTION (Anderson/Keil) Amend the rates for"vehicle w/trailer(2 spaces)" in the Northeast 72-Hour Lot from $6.00 to $3.00. VOTE ON AMENDMENT Motion Passed. Unanimous MOTION (King/Keil) Amend by adding a $25/season pass for vehicle w/trailer in the Northeast 72-Hour Lot only. lr... VOTE ON AMENDMENT Motion Passed. Unanimous VOTE ON APPROVAL OF RESOLUTION AS AMENDED Motion Passed. YES: Anderson, Bencardino, Blatchford, Clark, Crane, Keil NO: King 6 Yes, 1 No Relocation of Hospital. Clark stated that, due to the concerns expressed by those opposed to the construction of a helicopter pad at the site of the current hospital campus, he would like the administration to investigate the possible relocation of the hospital to a site outside of any residential area and more centrally located. Anderson expressed some concern about the effect this would have on the bonds sold for the project and the loss of investment already made at the current site. She stated that she would like to look at the possibility and could support it if it were economically feasible. Crane objected. He stated that a report distributed by the City Manager outlining the probable financial impacts of relocation clearly showed that the cost was too high. Garzini stated that he would prepare a comprehensive analysis of possible relocation, including a report from the attorney on the effect this would have on the hospital bonds and the City's bond rating, and present it to the City Council at the next meeting. City of Seward,Alaska City Council Minutes January 13, 1997 Volume 32, Page 248 Comprehensive Plan Review. Anderson stated that she had attended the January 8 and 10 Planning Commission Meeting. She stated that many of the issues confronting the Commission at the current time had pointed out the inadequacies of the Land Use Plan. She distributed copies of a letter to the Commission from Ann Painter and a newspaper article regarding planning issues. She stated that she would like to initiate an in-house community survey as the first step in a complete review of the Comprehensive Plan, including the Land Use Plan. Clark agreed and stated that the Comprehensive Plan was out of sync with some members of the public. Anderson stated that she would also like to explore the possibility of implementing an architectural review process within the City. She stated that those who were not responsible developers were going to impact the community in a negative way unless the City brought some consistency to the building/project plan review process. Garzini stated that the Council needed to direct the Planning Commission to shepherd this effort to update the Comprehensive Plan. He stated that he would draft a letter to send to the Commission and would include Anderson's recommendation regarding a community survey. Murphy noted that the City Council and the Planning Commission would meet in a joint work session in March to discuss the coming year's goals. COUNCIL DISCUSSION CLARK asked the Clerk to prepare a resolution supporting the Safe Communities Bill. KEIL thanked the Historic Railroad Depot Citizens Jury for their efforts. eij CRANE thanked Dennis Lodge for his continued service on the RCAC. ANDERSON thanked Fire Chief Gage for his memorandum concerning the change in the City's ISO insurance rating and Marilyn Reynolds for her continued work on the Polar Bear Jumpoff Festival. BENCARDINOreviewed his list of projects he hoped to see completed in the coming year, including: 1) Railroad Dock improvements, 2) Lowell Tunnel repair, 3) new access road to the landfill, 4) prison expansion, 5) two new ballfields, 6) successful renovation of the historic railroad depot building, 7) continued enhancement of the downtown area, and 8) more wintertime employment. CITIZENS' DISCUSSION BOB VALDATTA, 520 Fifth Avenue, commented on the proposed renovations to the depot building. WALTER CHRISTOLEAR, 335 First Avenue, stated that the hospital was not asking for a"heliport"but a"helispot"which was merely a landing pad. He volunteered to assist the City in any way he could. KATHY CLINE, 405 Fourth Avenue, asked if the plans to charge for parking in the northeast parking lot conflicted with the terms of the state funding for construction of the lot. Garzini City of Seward,Alaska City Council Minutes January 13, 1997 Volume 32, Page 249 explained that any fees collected would go into the parking revenue fund and thus would comply with i... the grant conditions. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 11:00 p.m. '--I AL—AA.".� �..rrt�____ l'GC ea . urph , C C/ •# / ouis • Bencardino City Clerk /__ Mayor t A - r• Y l *mom iy��r City of Seward, Alaska Board of Adjustment Minutes January 27, 1997 Volume 33, Page I I CALL TO ORDER The January 27, 1997 meeting of the Seward City Council, sitting as the Board of Adjustment, was called to order at 6:30 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Mayor Bencardino led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Stirrat (Stu) Clark Marianna Keil 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 APPROVAL OF AGENDA Edgar Blatchford Dave W. Crane Jerry F. King MOTION (Anderson /Crane) Approve the Special Meeting Agenda. Motion Passed. Unanimous HEARING ON APPEAL Providence appeal of a decision by the Planning and Zoning Commission to deny its request to amend its conditional use permit to authorize construction and operation of a helistop at the site of the soon to be constructed Providence Seward Medical Center. Murphy noted that the City Code provided that a hearing before the Board of Adjustment be based solely on the record established at the meeting of the action being appealed. Therefore, new evidence could not be provided to the Council and only the appellant (Providence) and the City would be allowed to make statements to the City Council. COLLEEN BRIDGE, representing Providence, asked the Council to favorably consider Providence's request to reverse the decision of the Planning Commission to deny its application to City of Seward, Alaska Board of Adjustment Minutes January 27, 1997 Volume 33, Page 2 construction and operate a helistop at the hospital site. She noted that both the State EMS Plan and the City's Comprehensive Use Plan called for a hospital helicopter landing pad at the site. TERRY HYER, representing the facility's architect ECl/HYER, Inc., pointed out the preferred location for the helipad on the displayed Site Plan. He stated that the FAA had reviewed the Site Plan and had recommended a few improvements from a safety stand point, all of which could and would be accommodated. JACK CONROY, chief helicopter pilot working for ERA Aviation, reviewed the criteria the pilots would use in determining whether to land at the site. He stated that the topography, winds and weather conditions at the site were very similar to those at their site in Valdez. In addition, the helipad in Homer was similar in that the constraints were as close and residential areas as near as the proposed helipad in Seward. MARGARET AUBLE, Program Director for the Lifeguard Medivac Program, stressed the importance of getting injured or ill patients to a larger medical center as quickly as possible and with as few transfers as possible. She noted that, when assessing the current system, the Council must take into account that a transfer of a patient by ambulance to the Seward Airport and then by ambulance from the Anchorage Airport to a hospital facility involved more than the drive time between facilities, and a transfer involving a six or seven minute drive could often take forty -five minutes or more. She also noted that the helicopter's noise was in the 90 decibel range which was less noisy than an ambulance with sirens on. King asked Bridge if the hospital would object to a stipulation that the helicopter would only be used if time and/or the number of transports were an issue in patient safety. Bridge responded that whether to transport and the means of transport were left solely to the discretion of the physician in charge, and it would be impossible to dictate those terms in a conditional use permit. She added, however, that the physicians would be sensitive to the noise of the helicopter and its effect on neighbors of the hospital. In response to a question from Anderson, Hyer explained that the "clear zone" did not extend into the First Avenue roadway but did encroach into the drainage ditch which was a part of the road right of way. Hyer also noted that warning lights, activated by the pilot, would be used for landings to warn motorists and pedestrians that the helicopter was approaching. He also noted that the helicopter was equipped with a siren that could be used in the interest of safety. Responding to a question from Blatchford, Hyer stated that the helicopter approached at a fairly steep angle of descent and kept an altitude of at least 100 feet until it reached a point 1/4 mile (1700 feet) from the landing site. He added that the pilots would use a noise abatement profile that was both safe for the helicopter and created the least amount of noise for residents in the vicinity. YANEZ reviewed the record of the Planning Commission's meeting. He noted that little weight had been given the real experts who testified, and the Commission's findings had been based primarily on the emotional comments of area residents who were opposed to the helipad. He asked the Council to evaluate the facts and statistics presented rather than the emotions surrounding this City of Seward, Alaska January 27. 1997 J t Board of Adjustment Minutes Volume 33, Page 3 issue and to focus on the needs of critically injured or ill patients rather than the desires of the hospital's neighbors. EXECUTIVE SESSION MOTION (Crane /Anderson) Meet in an executive session immediately following adjournment of the upcoming regular meeting to deliberate and prepare findings of facts and con- clusions of law regarding the appeal. Motion Passed. COUNCIL COMMENTS None CITIZENS' COMMENTS None Unanimous COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 7:25 p.m. r, y am. rk (Qity Seat) o, City Council Minutes Volume 33. Pane 3 4,4 � ,t11 111111& 1 Im 0# CALL TO ORDER The January 27, 1997 regular meeting of the Seward City Council was called to order at 7:40 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. ROLL CALL City of Seward, Alaska City Council Minutes January 27, 1997 Volume 33, Page 4 There were present: Louis A. Bencardino, presiding, and Margaret Anderson Stirrat (Stu) Clark Marianna Keil Edgar Blatchford Dave W. Crane 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 SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley reported on the most recent Assembly Meeting. City Manager's Report. Garzini noted the memorandum in the Council packets regarding the estimated cost of relocating the hospital facility. He reviewed a memorandum from Police Chief Walker regarding the fees generated by the DMV office during the current fiscal year and suggested that the Council revisit this issue at budget time. He noted that Deputy City Mike Yanez would be leaving soon to assume his new position as City Manager in Nome. He thanked Yanez and wished him well. City Attorney's Report. Meyen noted that the bulk of the work performed by his firm during the past month was related to conditional use permits and other zoning activities. Other Reports, Announcements and Presentations. USCG Captain Dennis Egan, USN Lt. Commander Jim Plosay, and USN Lt. Mari Dyson gave an overview of the upcoming winter games that would take place in Seward in March. John Burns, Alaska Railroad Corporation, reviewed the railroad's upcoming construction plans in Seward and ARR's plans for implementation of mandated security measures for cruise ship dockings. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. City of Seward, Alaska City Council Minutes January 27, 1997 Volume 33, Page 5 t t L7 Debra Hafemeister, 318 First Avenue, encouraged the Council to introduce Ordinance No. 97 -06, rezoning certain properties on First and Second Avenue to Urban Residential (UR). She noted that this requested rezone was in conformance with the existing Land Use Plan for the area Alex Rule, 700 Second Avenue, stated that he would be unable to attend the February 10 public hearing on Ordinance No. 97 -07, and he asked the Council to ignore the recommendations of the administration and the Planning Commission and return the Land Use Plan designation for the lots in question to Single Family Residential (RI). APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson/Keil) Approve the Agenda and Consent Agenda. Clark moved introduction of Ordinance No. 97 -07 to the regular meeting agenda. King added to New Business a discussion of the FY 1997 DMV budget. Anderson added to Unfinished Business a discussion of hospital relocation and the implementation of lease reappraisals. Crane requested that these items be taken up following all scheduled agenda action items. 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. 97 -02, adopting the 1996 National Electrical Code, the 1994 Uniform Building Code with certain exceptions and the 1994 Uniform Code for the Abatement of Dangerous Buildings, was introduced and set for public hearing on February 10, 1997; Ordinance No. 97 -03, adopting the 1994 Uniform Fire Code with certain exceptions, was introduced and set for public hearing on February 10, 1997; Ordinance No. 97 -04, amending the zoning of Lot 25, Marathon Addition, from Single Family Residential to Urban Residential, was introduced and set for public hearing on February 10, 1997; Ordinance No. 97 -05, amending the zoning of Lots 21 -24, Block 12, Original Townsite of Seward, from Single Family Residential to Urban Residential, was introduced and set for public hearing on February 10, 1997; Ordinance No. 97 -06, amending the zoning of Lots 4 -5, 13 -14, 29 -31, Block 13, and Lots 29 -30, Block 14, Original Townsite of Seward, from Single Family Residential to Urban Residential, was introduced and set for public hearing on February 10, 1997; Resolution No. 97 -019, endorsing the Safe Communities Bill, was approved; and The January 13, 1997 regular meeting minutes were approved as written. City of Seward, Alaska January 27. 1997 PUBLIC HEARINGS City Council Minutes Volume 33, Page 6 Ordinance No. 97 -01, amending Seward City Code Titles 15 and 16 to require the public posting of property that is the subject of planning, zoning and subdivision changes. 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 /Clark) Motion Passed. NEW BUSINESS Ordinances for Introduction: Enact Ordinance No. 97 -01. Unanimous Ordinance No. 97 -07, amending the Land Use Plan designation of certain property along First and Second Avenue and Lowell Canyon Road from Urban Residential to Two - Family Residen- tial. MOTION (Anderson /Crane) Introduce Ordinance No. 97 -07 and set for public hearing on February 10, 1997. Both Councilmembers Anderson and King declared possible conflicts of interest with respect to this agenda item and asked the Mayor for a ruling. King stated that he owned some property in the subject area and Anderson stated that she managed an estate with property in the subject area. Bencardino ruled that there was no conflict of interest for either Anderson or King. MOTION (Clark/Keil) Amend Ordinance No. 97 -07 by deleting all refer- ences to R2 in the title and in Section 1 and replac- ing it with Rl, and adding two new "Whereas" clauses to read: Whereas, the City Council held a public hearing on the requested Land Use Plan Amend- ment in accordance with the provisions of Seward City Code ,2.15.035; and Whereas, the City Council reviewed the petition application and recommended the Land Use Plan amendments contained in this ordinance; Clark noted that the petition filed by the owners of the affected property had requested that the LUP designation be changed to Single Family Residential (RI), not Two - Family Residential (R2), and this was what the Council should consider, not the Planning Commission's recommendation. City of Seward, Alaska City Council Minutes January 27, 1997 Volume 33, Page 7 1 t Garzini noted that the administration had suggested the R2 designation to the Commission as a way to retain the residential flavor of the neighborhood and still allow some greater density in the area. Keil noted that Clark's vision statement to the Council and the public during last year's municipal campaign had indicated his desire to rezone all of the residential areas south of the Lagoon to Urban Residential, and she questioned the reason for his change of heart. Clark explained that area residents had asked him to take a closer look at the area and to reconsider his earlier statements, and, as a result, he had determined to follow the wishes of the petitioners. In response to a question from Anderson, Meyen stated that the Commission's recommenda- tions differed from the petition and, therefore, the Council was considering the recommendation brought forward by the Commission rather than that put forward by the petitioners. VOTE ON AMENDMENT Motion Failed. (I YES, 6 NO) VOTE ON MAIN MOTION Motion Passed. Resolutions: Resolution No. 97 -017, approving Amendment No. 1 to Lease No. 67 -038 between the City and Juris Mindenbergs extending the lease to May 22, 2024. MOTION (Clark/Crane) YES: Clark NO: Anderson, Bencardino, Blatchford, Crane, Keil, King Unanimous Approve Resolution No. 97 -017. In response to a question from Anderson, Singleton stated that this amendment would insure that the lease was on the standard 5 -year lease reappraisal schedule. Motion Passed. Unanimous Resolution No. 97 -018, awarding a contract to Randy McFarland for seasonal parking management services. MOTION (Anderson /Crane) Approve Resolution No. 97 -018. Murphy noted that she had distributed a letter from Richard Goshorn requesting a parking fee exemption for all boat harbor "live - aboards." In response to a question from Keil, Murphy noted that an application for an initiative petition to repeal the City Code section authorizing the Council to set parking fees by resolution had been filed earlier in the day. She stated that it appeared that this City of Seward, Alaska City Council Minutes January 27, 1997 Volume 33, Page 8 subject was not subject to initiative, but she would not have an answer to this question until she and the attorney had completed their review. MOTION (Keil/King) Postpone until February 10, 1997. Motion Passed. (6 YES, 1 NO) YES: Bencardino, Blatchford, Clark, Crane, Keil, King NO: Anderson RECESS: The meeting was recessed at 9:10 p.m. and reconvened at 9:20 p.m. Other New Business Items: Patrick Marrs request to negotiate a 20 -year lease of SMIC property. MOTION (Clark/Crane) To instruct the administration to proceed with negotiations with Marrs for lease of the subject property. Garzini noted that the lease would be brought back to Council for public hearing and consideration at a later meeting. VOTE ON MOTION Motion Passed. Unanimous Hoben Park National Historic Register Nomination. Anderson noted the City Manager's recommendation that the Council approve a plan for development of the Park before submitting the application for placement on the National Historic Register. Clark objected to any delay in submission of the application. The consensus of the Council was to follow the recommendation of the City Manager and to make completion of this Plan a goal for the near future. Process for updating the Comprehensive Plan, Harbor Plan and Parks Plan. Keil stated she wished to address all of the City's adopted plans in the coming months. Community Development Department Assistant Rachel James stated that she had recently contacted the Borough asking consideration of a borough -wide Comprehensive Plan Update to be jointly financed by the cities and the borough. She noted that the City's preliminary FY 1998 budget contained funds for the Comprehensive Plan review and update and mapping of the city. Crane stated that he would like to see the City's plans put on a regular schedule for complete review and update. James noted that the Comprehensive Plan had called for a complete update in 1995 (which had not occurred), and the City Code provided for an annual review of the Plan by the Planning Commission. Anderson noted that the City had addressed many of the items identified for action in various City Plans, and this should be conveyed to the public. She stated that she would like to explore options for improving on the public process in planning for the community. Garzini stated that an City of Seward, Alaska City Council Minutes January 27, 1997 Volume 33, Page 9 e outside professional facilitator was needed to complete a major Comprehensive Plan Update, and the timing was perfect for such an exercise. He cautioned the Council not to stop or hinder development during this review phase. Keil stated that the Plan was not keeping up with the technology that now allowed certain business uses to be conducted in the home that were not currently allowed under the Code. Anderson stated that input into this plan should only come from City residents and not those residing outside the City limits. DMV Department Budget. King noted that the Council had approved adding a 1/4 position to the DMV Department budget for the current fiscal year in anticipation of revenues sufficient to fully fund the position. However, the report provided by Chief Walker indicated that revenues were actually down this year and the position was not paying for itself. He requested that the administra- tion prepare a resolution returning this position to a 3/4 time position effective March 31, 1997 for action at the next meeting. Hospital Relocation. Anderson stated that, although the reports submitted by the City Manager and the City Attorney seemed to indicate that relocating the hospital facility appeared to be problematic both economically and legally, she still wished to continue studying this possibility. The consensus of Council was to discontinue further review and discussion of the pros and cons of relocating the hospital facility. Implementation of Lease Reappraisals. Singleton noted that the older leases were being brought into the adopted standardized 5 -year appraisal process as amendments and other changes to the agreements were requested. He stated that most of the older leases were currently on the new schedule or would be soon because of upcoming anticipated changes to the lease terms and conditions. COUNCIL COMMENTS CRANErequested a Code amendment that would require that rezone requests be submitted individually rather than grouped as those anticipated under Ordinance No. 97 -06. CLARK offered his best wishes to Yanez in his new position in Nome. KING noted that the Downtown Business Association had endorsed the Harbor Business Owners' parking plan which called for free parking in the Small Boat Harbor, ANDERSONthanked Yanez for his service to the community and wished him well in his new position. She urged interested residents of the City to submit their applications for a seat on the Planning Commission. She stated that she would like to provide time for the Council to question the candidates at the February 24 meeting or distribute a list of questions for the candidates to answer prior to the meeting. BENCARDINO wished Yanez good luck in his new position. CITIZENS' COMMENTS City of Seward, Alaska City Council Minutes January 27, 1997 Volume 33, Page 10 ELSIE WHITMORE, 306 First Avenue, urged the Council to consider the wishes of the petitioners who had asked to change the Land Use Plan designation of their property back to R1. She also objected to the Board of Adjustment Process that did not allow for public testimony. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 10:20 p.m. Following adjournment the Council met as the Board of Adjustment in an executive session to begin deliberations of the Providence Helistop S. .° '(city 'Seal .; •' l jsa x t A ►* CALL TO ORDER City Council Minutes Volume 33. Pare 10 The February 3, 1997 special meeting of the Seward City Council was called to order at 6:04 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Bencardino led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Stirrat (Stu) Clark Marianna Keil comprising a quorum of the Council, and Dave W. Crane Jerry F. King Ronald A. Garzini, City Manager Michael Yanez, Deputy City Manager Brad Meyen, City Attorney City of Seward, Alaska City Council Minutes February 3, 1997 Volume 33, Page 11 Linda S. Murphy, City Clerk ABSENT Margaret Anderson (excused) Edgar Blatchford (absent) CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane/King) Approve the Special Meeting Agenda. Motion Passed. Unanimous NEW BUSINESS MOTION (Crane/King) Meet in executive session immediately following the close of regular business to discuss the Exxon Litigation with attorney Matthew Jamin. r Motion Passed. Unanimous ADJOURNMENT The meeting was adjourned at 6:07 p.m. Li da S. Mu phy, CMC AAE uis A encardino City Clerk Mayor .a�oeemm a <1tY s.: r * + hr „� . .. V b i 0 w .r rs S n °s n � dmmm mmann`► � Dee City of Seward, Alaska City Council Minutes February 10, 1997 Volume 33, Page 12 CALL TO ORDER The February 10, 1997 regular meeting of the Seward City Council was called to order at 7:45 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Councilmember Crane led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Stirrat (Stu) Clark Marianna Keil Edgar Blatchford Dave W. Crane Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Rick Gifford, Finance Director Eric Wohlforth, City Attorney Linda S. Murphy, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Bencardino presented a proclamation to Marianna Keil, president of the Seward Life Action Council's Board of Directors, recognizing SLAC on its 25th anniversary. He also presented a proclamation to the faculty advisory Bev Chapman and the officers of the local chapter of Future Homemakers of America designating FHA Week. Finally, the Mayor presented a proclamation to Dale and Carol Lindsey honoring them as inductees into the Alaska Business Hall of Fame. Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley reported on the most recent Assembly Meeting. City Manager's Report. Garzini reported that he had asked Gifford, Murphy and Karin Sturdy to review the resumes submitted for the Assistant to the City Manager position and to select those to be interviewed for the position. He also reported that Kumin's new concept design of the boardwalk lease sites would be completed by the end of the month. Garzini stated that he had received a letter from Jerry Fleetwood indicating that Little League wished to work with the City to construct a new ballfield, and this agreement would be coming to the Council for action. He noted that he had asked Chris Gates to put together a prospectus on the City's gravel, with the funds for his work to come from the $3400 left in the FY97 marketing budget. City of Seward, Alaska City Council Minutes February 10, 1997 Volume 33, Page 13 i City Attorney's Report. Wohlforth stated that most of his firm's activity for the prior month had centered on the Providence appeal and various zoning issues. Other Reports, Announcements and Presentations. Roe Sturgulewski provided a brief update on the SeaLife Center construction project. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. MIKE CALHOON, 611 Fourth Avenue, objected to the passage of Resolution No. 97 -018 (parking management contract), stating that paid parking would have no great effect on overcrowding in the harbor area and was unfair to harbor employees. He noted that both the Downtown Business Association and the Harbor Merchants had voted to oppose paid parking. BRAD SNOWDEN, 525 Sixth Avenue, asked the Council to consider using the material dredged at the Railroad Dock to add another 2,000 feet to the airport runway to allow 727's to land at the Seward Airport. JOLENE KING, 900 Third Avenue, noted that several bills had been proposed by the State Legislature seeking to tax cruise passengers and those traveling through Alaska's airports as well as a bill which would levy a two percent statewide sales tax. She noted that although each of these bills had been pulled, they represented a threat to the state's growing tourist industry. She stated that the Council should remember that monies generated by tourism trickled down to all segments of the economy and she warned that user fees would keep visitors away. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson/Keil) Approve the Agenda and Consent Agenda. MOTION (Clark/Anderson) Suspend the rules by reordering the agenda to take up Ordinance No. 97 -07 before consideration of Ordinance No. 97 -04. VOTE ON MOTION TO SUSPEND THE RULES (Requires 2/3 vote) Motion Passed. YES: Anderson, Bencardino, Clark, Keil, King NO: Blatchford, Crane 5 YES, 2 NO Clark asked that Resolution No. 97 -021 be moved to the regular meeting agenda. VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous City of Seward, Alaska City Council Minutes February 10, 1997 Volume 33, Page 14 The Clerk read the following approved consent agenda items: Resolution No. 97 -020, authorizing the City Manager to increase Purchase Order No. 21152 to a total amount of $37,581.86 to cover the actual costs incurred by GTE to relocate its facilities at the new hospital site, was approved; January 27, 1997 Board of Adjustment Hearing minutes were approved; January 27, 1997 regular meeting minutes were approved; February 3, 1997 special meeting minutes were approved; and A request for renewal of a liquor license as filed by Yukon Liquor Store was approved. PUBLIC HEARINGS Ordinance No. 97 -02, adopting the 1996 National Electrical Code, the 1994 Uniform Building Code with certain exceptions and the 1994 Uniform Code for the Abatement of Dangerous Buildings. Notice of public hearings 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/King) Motion Passed. Enact Ordinance No. 97 -02. Unanimous Ordinance No. 97 -03, adopting the 1994 Uniform Fire Code with certain exceptions. Notice of public hearings 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/King) Motion Passed. Enact Ordinance No. 97 -03. Unanimous Ordinance No. 97 -07, amending the Land Use Plan designation of certain property along First and Second Avenue and Lowell Canyon Road from Urban Residential to Two Family Residential. Planning Assistant Rachel James gave an overview of the events leading to the filing of the petition by some residents of the affected area. She noted that the original petition had sought to change the land use plan designation to Single Family Residential. However, since this change would have made it impossible for some of the non - conforming structures in the area to conform by City of Seward, Alaska City Council Minutes February 10, 1997 Volume 33, Page 15 requesting a rezone, the administration and the Planning Commission were recommending that the LUP designation be changed to Two - Family Residential. She stated that this would address the density concerns expressed by the petitioners and still allow those existing non - conforming structures to come into conformance and would allow greater use of the lots in the area. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. Elsie Whitmore, 306 First Avenue, stated that the lots in the area were not large enough to accommodate many of the uses allowed in the Urban Residential Zone. Pat Rowe, 327 Second Avenue, asked that the Council disregard the administration's recommendation and act on the petitioners' request to amend the LUP to Single Family Residential. Dave DeRuwe, 517 First Avenue, objected to the City making zoning decisions before fully addressing the Land Use Plan. He stated that this area was not suitable for multi - family residential units. He stated that, although he preferred an R -1 designation, he considered R -2 an acceptable compromise. Brent Whitmore, 306 First Avenue, objected to the Planning Commission's decision to ' recommend an R -2 designation, and he asked the Council to change the designation to R -1 as requested by the petitioners. Tom Osborne, 102 Madison, stated that the residents of the area wished to preserve the quality of life of the neighborhood and asked the Council to change the designation to R -1. Carol Chaudiere, 1129 Cliff View Place, suggested that the lead time for notifying the public that the comprehensive plan was to be reviewed was now. Steve Lemme, 331 Second Avenue, stated that he was not opposed to the petition filed by some of his neighbors, but reminded Council that his requested rezone (to be heard later in the evening) had been filed before the petition was filed and should be considered in light of the rules in place when his request was made. No one else requested to be heard, and the public hearing was closed. MOTION (Crane/Keil) Enact Ordinance No. 97 -07. Anderson, Crane and King asked for a ruling on their potential conflicts of interest with respect to this matter. Anderson stated that she was executor of an estate with property in the area, and both Crane and King noted that they owned property in the subject area. Bencardino ruled that none of the three had a substantial direct or indirect financial interest in the outcome of the vote. City of Seward, Alaska City Council Minutes February 10, 1997 Volume 33, Page 16 King expressed concern that the R -2 designation would make every lot in the area non- conforming. James agreed that it would, but the City's intent was to pursue rezones of the area to R -2. MOTION (Clark/King) Amend the ordinance by substituting "Single Family Residential" for "Two Family Residential' in the title and in Section 1; change the second "whereas" from "recommended the Land Use Amendments set forth in this ordinance" to "rec- ommended the Land Use Plan be amended by changing the designation of the affected area from Urban Residential to Two Family Residential" and add a third "whereas" to read: "WHEREAS, testimony at the January 10, 1997 Public Hearing and unsolicited written testimony since that hearing supports the petition. " VOTE ON AMENDMENT Motion Failed. YES: Clark, King NO: Anderson, Bencardino, Blatchford, Crane, Keil 2 YES, 5 NO VOTE ON MOTION TO ENACT ORDINANCE Motion Passed. YES: Bencardino, Blatchford, Clark, Crane, Keil, King NO: Anderson 6 YES, 1 NO Ordinance No. 97 -04, amending the zoning of Lot 25, Marathon Addition, from Single Family Residential to Urban Residential. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. Dave DeRuwe, 517 First Avenue, stated that he had no problem with Morgan's current use of the property but would object to some uses that could be allowed under the Urban Residential zone. Elsie Whitmore, 306 First Avenue, objected to the Urban Residential zone for this lot because of the likelihood of increased congestion and noise. No one else requested to be heard, and the public hearing was closed. City of Seward, Alaska City Council Minutes February 10, 1997 Volume 33, Page 17 1 MOTION (Crane/King) Enact Ordinance No. 97 -04. I Motion Passed. YES: Anderson, Bencardino, Blatchford, Crane, Keil, King NO: Clark 6 YES, 1 NO Ordinance No. 97 -05, amending the zoning of Lots 21 -24, Block 12, Original Townsite of Seward, from Single Family Residential to Urban Residential. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. Jim McCracken, 204 Resurrection Boulevard, noted the steps he had taken since purchasing the property to conform to city zoning codes and laws and to remove the derelict building which was on the building at the time of purchase. He stated that he intended to construct a small apartment house on the property for SeaLife Center employees and noted that one of the petitioners seeking to amend the LUP to R -1 (which would not allow this rezone) had written a letter supporting his project. Chris Overbeck, 301 Ash Street, stated that the Council was not bound by the LUP since it was only a plan to guide future growth. No one else requested to be heard and the public hearing was closed. MOTION (Clark/King) Motion Passed. Enact Ordinance No. 97 -05. Unanimous Ordinance No. 97 -06, amending the zoning of nine Original Townsite lots along First and Second Avenue from Single Family Residential to Urban Residential. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. Elsie Whitmore, 306 First Avenue, renewed her objections to the Urban Residential rezone. Chris Overbeck, 301 Ash Street, repeated his statements above regarding the status of a land use plan. Brent Whitmore, 306 First Avenue, asked that the lots be separated out and considered separately rather than as a group. No one else requested to be heard and the public hearing was closed. City of Seward, Alaska City Council Minutes February 10, 1997 Volume 33, Page 18 MOTION (Anderson/King) Enact Ordinance No. 97 -06. Crane noted that he would like to see all future rezone requests to come to the Council on separate applications rather than being lumped together into one. VOTE ON MOTION TO ENACT THE ORDINANCE Motion Passed. YES: Anderson, Bencardino, Blatchford, Crane, Keil, King NO: Clark 6 YES, 1 NO RECESS: The meeting was recessed at 10:04 p.m. and reconvened at 10:15 p.m. UNFINISHED BUSINESS Resolution No. 97 -018, awarding a contract to Randy McFarland for parking management services on designated city -owned properties. Murphy noted that a motion to adopt the resolution had been postponed from the last meeting, and a motion to adopt was on the floor. MOTION (Keil/Bencardino) Motion Passed. To amend the resolution to make approval of the contract contingent upon adoption of a parking fee schedule amendment changing the fee for an employee pass to $25 per season. Unanimous VOTE ON MOTION TO ADOPT THE RESOLUTION AS AMENDED Motion Passed. YES: Anderson, Bencardino, Blatchford, Crane, Keil NO: Clark, King 5 YES, 2 NO NEW BUSINESS Resolution No. 97 -021, authorizing the City Manager to increase Purchase Order No. 21152 to a total amount of $37,581.86 to cover the actual costs incurred by GTE to relocate its facilities at the new hospital site. MOTION (Clark/Anderson) Adopt Resolution No. 97-021. Motion Passed. Unanimous City of Seward, Alaska City Council Minutes February 10, 1997 Volume 33, Page 19 t Resolution No. 97 -022, endorsing the new projects for submittal to the State for inclusion in the Statewide Transportation Improvement Plan for 1998 -2000. MOTION (Clark/Anderson) Adopt Resolution No. 97 -022. Keil noted that the actual amount for the railcar project was $50,000, not $75,000. VOTE ON MOTION Motion Passed. Resolution No. 97 -023, opposing certain changes in the status of the Alaska Railroad. 1 t Murphy noted that she had distributed a substitute resolution at the request of the resolution's sponsor, Mr. Clark. MOTION (Anderson /Clark) Adopt Resolution No. 97 -023 Substitute. Motion Passed. Unanimous Resolution No. 97 -024, approving a feasibility cost sharing agreement with the Army Corps of Engineers for the eastward expansion of the Harbor and appropriating funds. MOTION (Crane /Anderson) Motion Passed. COUNCIL COMMENTS Unanimous Adopt Resolution No. 97 -024. Unanimous KEHstated that she enjoyed the celebration of the achievements of local organizations and citizens. CITIZENS' COMMENTS PATSY JONES, Mile 23.3 Seward Highway, stated that she was addressing the Council as a citizen and a 9 -year employee of the City. She urged the Council to look closely at the city structure when considering budget reductions for Fiscal Year 1998. She advised the Council that she had been told by the city clerk of a proposal to eliminate the deputy city clerk position and replace it with a clerical position. She further noted her pride in the accomplishments of the City Clerk's office during the past several years. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None City of Seward, Alaska City Council Minutes February 10, 1997 Volume 33, Page 20 ADJOURNMENT The meeting was adjourned at 11:00 p.m. :�Cr'ty Seal) _,A•� w • m 0 . ! r Y Y � AAE uis . Bencardino ayor City of Seward, Alaska City Council Minutes February 24 1997 Volum 33, Page 20 CALL TO ORDER The February 24, 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 Lieutenant Brossow led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Edgar Blatchford Stirrat (Stu) Clark Marianna Keil Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Linda S. Murphy, City Clerk City of Seward, Alaska City Council Minutes February 24, 1997 Volume 33, Page 21 I ABSENT Dave Crane (excused) Margaret Anderson (excused) SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Bencardino presented a Certificate of Appreciation to Seward High School Activities Director Roger Steinbrecher recognizing the accomplishments of the Varsity High School Boys and Girls Basketball teams, the Varsity Cheerleading Squad, the Ensemble and the Band. Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley reported on the most recent Assembly Meeting. City Manager's Report. Garzini noted a draft letter to the Alaska Public Utilities Commission endorsing the ENSTAR application to provide natural gas service to Seward and stating the City's intent to continue to work with ENSTAR to obtain the necessary permits for the construction of a natural gas pipeline to Seward. There was no objection from Council to sending the letter. Garzini also noted the memorandum included under "Informational Items and Reports" regarding the Kumin contract for conceptual design of the boardwalk lease site area renovations. He stated that design of Hoben Park would not be included in any future contract extension with Kumin; however, if funds became available for the harbor plaza renovations, he would be asking Kumin to extend its contract to include the design of that project. Garzini noted that both Representative Davis and Senator Torgerson had introduced bills for a 250 -bed addition to Spring Creek Correctional Center, and he hoped to see funding for that project this session. He noted that the Peratrovich, Nottingham and Drage dock expansion design and report would be distributed to the City Council at the March 10 meeting. In response to a question from Keil, he stated that it was important for residents to attend the February 27 Alaska Department of Transportation public meeting regarding the proposed improvements to Mile 0 to 3, Seward Highway and to express their concerns relative to various safety issues. Other Reports, Announcements and Presentations. COLLEEN BRIDGE, updated the Council on hospital operations and the upcoming appointment of Seward representatives to the Service Area Governing Board and the Providence Chief Executive Officer's Advisory Committee. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. None APPROVAL OF AGENDA AND CONSENT AGENDA Clark moved Ordinance No. 97 -08 from the Consent Agenda to the Regular Meeting Agenda and noted the following amendments to the February 10, 1997 minutes: City of Seward, Alaska City Council Minutes February 24 1997 Volume 33, Page 22 Page 71 (Motion to amend Ordinance No. 97 -07) -- Reverse "Two Family" and "Single Family" in the first and second lines. Page 73 (Vote on Resolution No. 97 -018) -- Note that both Clark and King voted "No." Page 74 (Citizens' Comments) -- Delete text of Patsy Jones' remarks and replace with Jones' recommended language. [Note: Murphy stated that she had no objection to replacing the language if that was the wish of the Council.] King noted that the Consent Agenda should reflect a liquor license application filed by "American Legion," not "Yukon Liquor Store." MOTION (Clark/King) Approve the Agenda and Consent Agenda as amended. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED. Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Resolution No. 97 -025, authorizing signatures for city bank accounts, was approved, Resolution No. 97 -026, authorizing payment to Providence Alaska Medical Center for expenses related to the geotechnical studies and Phase I environmental site assessment as provided in the lease agreement between Providence and the City, was approved; Resolution No. 97 -027, recommending Kenai Peninsula Borough Planning Commission approval of the Waterfront Tracts Mariculture Addition Preliminary Replat, was approved; Resolution No. 97 -028, approving Fiscal Year 1995 and 1996 Shared Fishery Resource Landing Tax Agreements with the State of Alaska, was approved; Resolution No. 97 -029, awarding a contract to Merritt Enterprises for custodial services at Parks and Recreation Department offsite facilities (AVTEC Student Services Center and the Teen & Youth Center), was approved; Resolution No. 97 -031, authorizing an increase in the Metco, Inc., contract for Lowell Canyon water line relocation, was approved; February 10, 1997, regular meeting minutes were approved; and Request for renewal of a liquor license as filed by American Legion, Post 5, was approved. t City of Seward, Alaska February 24. 1997 NEW BUSINESS City Council Minutes Volume 33, Page 23 Ordinance No. 97 -08, modifying Seward City Code §15.10.115, Seward Zoning Code Purpose Statement F�j MOTION (Clark/King) Introduce Ordinance No. 97 -08 and set for public hearing on March 10, 1997. Clark stated that he was concerned about the apparent lack of interest among local citizens in serving on the Planning Commission as evidenced by the response to the City's request for applicants to fill two upcoming vacancies on the Commission. He stated that this Commission would be making some important decisions with respect to the way Seward dealt with the growth that was projected to occur in the neat several years, and he encouraged those who were interested in being part of this decision - making process to submit their applications for consideration by the Council. VOTE ON MOTION TO SET ORDINANCE FOR PUBLIC HEARING Motion Passed. Unanimous Resolution No. 97 -030, approving a softball field construction agreement with the Seward Little League and appropriating funds. MOTION (Clark/King) Motion Passed. COUNCIL COMMENTS Approve Resolution No. 97 -030. Unanimous BLATCHFORDcongratulated Dan Seavey for his second place finish in the Junior Iditarod. 1 KEIlasked the administration to schedule a work session to discuss the Afognak proposal to purchase the sawmill property prior to the meeting at which the sale was to be considered by the Council. A work session was scheduled to begin at 6:30 p.m., Monday, March 10, 1997. CLARK requested a work session on the budget before the final document was prepared. Garzini stated that, at the March 10 work session, he would provide the Council a revenue forecast and a report on major spending pressures facing the City. KING gave a brief report on actions taken by the Planning Commission at its February 5 meeting. BENCARDINOasked that Garzini and Anderson personally thank the City's congressional delegation for their assistance in securing appointments for three local high school seniors to attend military academies beginning this fall. He congratulated David Johnson, Kyle Sela, and Sam Clegg on their appointments. Bencardino also noted that Public Works Director Floyd Ainsworth and his City of Seward, Alaska City Council Minutes February 24, 1997 Volume 33, Page 24 crew would address the problem areas on the Nash Road Extension once the weather improved this spring. Finally, Bencardino recognized Cook Inlet Processing for bringing in over 6 million pounds of fish this year and employing as many as 60 local residents during the winter season. CITIZENS' COMMENTS PATSY JONES, Mile 23.3, Seward Highway, stated that she had not received the minutes to proof prior to printing and had not had a chance to notify the City Clerk of her requested amendments until 3:30 p.m. today. BOB VALDATTA, 525 Fifth Avenue, urged the City Council to drive over to the Industrial Center and look at the existing conditions before getting too far into the budget process. He noted significant water problems in the staging areas and a need for clean -up and landscaping in the area. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 8:55 p.m. G Linda ouis . Bencardino City Clerk Mayor 1] � n � ;, ti)F City of Seward, Alaska Board of Adjustment Minutes March 10, 1997 Volume 33, Page 25 t CALL TO ORDER The March 10, 1997 reconvened Board of Adjustment meeting was called to order in the City Council Chambers at 6:05 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Councilmember Blatchford led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Stirrat (Stu) Clark Marianna Keil F comprising a quorum of the Council; and Ronald A. Garzini, City Manager Brad Meyen, City Attorney Linda S. Murphy, City Clerk APPROVAL OF AGENDA MOTION (Anderson /Clark) Motion Passed. NEW BUSINESS MOTION (Clark/Crane) Edgar Blatchford Dave W. Crane Jerry F. King Approve the Agenda. Unanimous Recess into executive session to review and discuss the Findings of Fact and Conclusions of Law regarding the Providence appeal of the Planning Commission's denial of its request to amend its conditional use permit to allow construction and operation of a helicopter landing pad at the hospi- tal site. Motion Passed. Unanimous NOTE: The City Council recessed at 6:07 p.m. and immediately convened in executive session to discuss the Findings of Fact and Conclusions of Law prepared by the City of Seward, Alaska Board of Adjustment Minutes March 10, 1997 Volume 33, Page 26 attorney as instructed by the City Council. At 6:27 p.m., the City Council reconvened the regular Board of Adjustment Meeting. MOTION (Crane/Keil) Adopt the Findings of Fact and Conclusions of Law reversing the Planning Commission and upholding the appeal filed by Providence. Motion Passed. YES: Bencardino, Blatchford, Crane, Keil, King NO: Anderson, Clark 5 YES, 2 NO Murphy read into the record the following list of special conditions imposed by the City Council in its decision to allow the construction and operation of the helistop: 1. Relocate the helistop location to the northwest corner of the site between the proposed hospital building and the parking lot. 2. Install a fence around the perimeter of the landing site to ensure a safe landing zone and provide a barrier to dust and debris. 3. Install traffic control lights on First Avenue 100 to 150 feet north and south of the site to be controllable by the pilot and to aid traffic control. 4. No light poles shall be in the flight path on the site, to increase safety depending on the angle of approach and departure. 5. Remove the three wooden utility poles located at the corner of Lowell Canyon Road and First Avenue. 6. Remove the six wooden utility poles along the west side of First Avenue in front of the existing building. 7. Relocate the flag pole. 8. Install an anemometer, wind direction instrument, and windsock at appropriate locations to ensure the pilot and hospital staff have adequate information to schedule flights and to assist the safe operation of the helicopter. 9. Install appropriate lighting of the landing pad for night operation with switch controlled pad lights to minimize light from the pad when not in use. 10. Providence shall be responsible for maintaining the area of the helipad and hospital property in the flight path, including TLOF, FATO and Safety Area free of debris that may be affected by the helicopter's rotorwash during take -off and landing. City of Seward, Alaska March 10. 1997 t [1 Board of Adjustment Minutes Volume 33. Pare 27 11. Providence shall place warning signs on all sides of the Final Approach and Take -Off Area. 12. The TLOF, FATO and Safety Areas shall be paved or covered with a material (i.e., lawn or washed rock) to mitigate potential adverse rotorwash effects created during the helicopter's take -off and landing. 13. Providence shall comply with all Federal Aviation Administration recommendations, including the recommendations for hospital helistops contained in the FAA Heliport Design, Advisory Circular and the recommendations contained in the letter to Karl Reiche from James Perham, Project Manager, Safety & Standards Branch, Airports Division, dated December 12, 1996 (recommenda- tions included in the conditions listed above). ADJOURNMENT (City Seal) k • :3 •K •J J City of 30W ,. Alaskzt March 10. 1997 The meeting was adjourned at 6:32 p.m. r 1 �\ '' Linda S. Murphy, MC` City Clerk CALL TO ORDER City Council Minutes Volume 33. Paee 27 The March 10, 1997 regular meeting of the Seward City Council was called to order at 7:3 S p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. Louis A. Wencardino Mayor ROLL CALL There were present: City of Seward, Alaska City Council Minutes March 10, 1997 Volume 33, Page 28 Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane Marianna Keil Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Rick Gifford, Director of Finance and Administration Brad Meyen, City Attorney Linda S. Murphy, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley was not present. His written report was distributed to the City Council. City Manager's Report. Garzini reported on his activities since the last meeting. _ City Attorney's Report. Meyen reported that the last month's legal activities had included researching several Planning Commission issues and reviewing two initiative applications at the request of the City Clerk. Other Reports, Announcements and Presentations. JOE EVANS, AML /JIA Boardmember, presented the City with a check in the amount of $51,165.11 representing the City's share of the JIA's 1990 surplus. ROE STURGULEWSKI presented his monthly SeaLife Center construction update. VERN HICKEL AND FRANK AVEZAC, representing Alaska Interstate Gas Company (AIG), asked the Council to consider issuing a letter of support for its application to provide LNG to Seward via barge from the plant it plans to construct in Whittier. Garzini suggested that the Council ask both AIG and Enstar officials to attend the April 9 Port and Commerce Advisory Board meeting to make presentations regarding their plans to provide this service to Seward. The Council concurred with this suggestion. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. TIM SCZAWINSKI, 611 Monroe Street, stated that he could not understand some of the Council resolutions as written and suggested that, in the future, the language in the resolutions be structured so that the general public could understand them. City of Seward, Alaska City Council Minutes March 10, 1997 Volume 33, Page 29 APPROVAL OF AGENDA AND CONSENT AGENDA Motion Passed. Resolution No. 97 -036, selecting state lands identified as ADL 201288, Tract B, Alaska Railroad Right -of -Way, for transfer to the City of Seward pursuant to the Alaska Municipal Entitlement Act, was approved; Resolution No. 97 -037, reclassifying the Executive Secretary's position from Range 13 to Range 14 and allowing for the advancement to Range 16 as further experience and training are obtained, was approved; February 24, 1997 regular meeting minutes were approved; and MOTION (Anderson /Crane) Approve the Agenda and Consent Agenda. Crane requested the addition of a New Business Item, "Demolition of the Seward General Hospital Building." Anderson added a discussion of her recent trip to Washington D. C. to the agenda. She also requested that Resolution No. 97 -031 and No. 97 -035 be pulled from the Consent Agenda. At the request of the City Manager, she removed Resolution No. 97 -039 from the Consent Agenda. King added a New Business Item, "Funding for the Deputy City Clerk Position." Clark pulled the introduction of Ordinance No. 97 -09 from the Consent Agenda. Murphy noted that Resolution No. 97 -032 had been deleted from the Agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED. The Clerk read the following approved consent agenda items: Resolution No. 97 -038, amending the parking fee schedule for city -owned parking lots, was approved; March 3, 1997 report of purchase orders totaling between $5,000 and $10,000 issued from October 3, 1996 through January 31, 1997 was noted for information. PUBLIC HEARINGS Unanimous Ordinance No. 97 -08, modifying Seward City Code Section 15.10.115, Seward Zoning Code Purpose Statement. t 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) Enact Ordinance No. 97 -08. Motion Passed. Unanimous City of Seward, Alaska City Council Minutes March 10, 1997 Volume 33, Page 30 UNFINISHED BUSINESS None NEW BUSINESS Ordinance No. 97 -09, authorizing the sale of tax- foreclosed property described as Lots 36 and 37, Block 17, Original Townsite of Seward. MOTION (Crane /Clark) Introduce Ordinance No. 97 -09 and set for public hearing on March 24, 1997. In response to a question from Clark, Community Development Director Kerry Martin explained that, under state law, the City could recover only back taxes, penalties and related costs in the sale of foreclosed property. Any amounts in excess of these costs would be remitted to the last owner of record. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 97 -033, approving Amendment No. 1 to the Cooperative Agreement between the City and the Alaska Department of Fish and Game and a Second Amendment to the Agreement for Financing, Construction, Operation and Maintenance of the Alaska SeaLife Center between the City and the Seward Association for the Advancement of Marine Science. MOTION (Anderson/Blatchford) Approve Resolution No. 97 -033. In response to a request by Keil, SeaLife Center representative Darryl Schaefermeyer explained the essential terms and conditions of the two amendments and noted that they would provide for the funding and construction of the Fish Pass Project at the ASLC. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 97 -034, authorizing an application to the Alaska Department of Natural Resources for patent to publicly -owned tidelands within the corporate limits of the City identified as Alaska Tideland Survey 1380. MOTION (Anderson /Clark) Approve Resolution No. 97 -034. Martin noted that this resolution and the following one were part of the sawmill property acquisition package the City was attempting to negotiate with Afognak Logging. He explained the process for acquiring the tidelands and noted that, upon receipt of the requested patents, the City City of Seward, Alaska City Council Minutes March 10, 1997 Volume 33, Page 31 would be in a position to consider the long term lease of the tidelands to Afognak for its proposed boat harbor project. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 97 -035, authorizing an application to the Alaska Department of Natural Resources for patent to publicly -owned tidelands within the corporate limits of the City. MOTION (Anderson /Clark) Motion Passed. Approve Resolution No. 97 -035. Unanimous Resolution No. 97 -039, opposing the construction of a road to Whittier. MOTION (Anderson /Clark) Approve Resolution No. 97 -039. Anderson explained her opposition to the proposed road to Whittier and noted that all of the road systems in the state would suffer as a result if this project went forward. Garzini stated that he, too, opposed the project, but felt it was bad public policy to officially oppose another community's projects. Crane stated that he could not support this resolution until the City's lobbyist was consulted regarding its likely effect on the City's legislative package. Clark concurred. MOTION (Kell /Clark) Postpone until March 24, 1997. Motion Passed. Unanimous RECESS: The meeting was recessed at 8:40 p.m. and reconvened at 8:47 p.m. Resolution No. 97 -040, supporting Kenai Peninsula Borough Ordinance No. 97- 13, amending the Sales Tax Code by increasing the sales tax cap to the first $1,000 of any sale, rent or service transaction. MOTION (Crane /Clark) Approve Resolution No. 97 -040. Anderson stated that the original borough sales tax code was adopted in 1962, and the sales tax cap had not been changed since that time. She stated that Assembly Member Wiley's ordinance had received the support of the Kenai Peninsula Municipal Coalition at its last meeting. Clark stated that he would support the resolution but was concerned about its potential effect on low income tenants. King expressed the same concern and stated that he could not support the resolution. VOTE ON MOTION City of Seward, Alaska City Council Minutes March 10, 1997 Volume 33, Page 32 Motion Passed. YES: Anderson, Clark, Crane, Keil NO: Bencardino, Blatchford, King 4 YES, 3 NO Resolution No. 97 -041, reducing the Motor Vehicles Clerk position to thirty hours per week. MOTION (Crane/King) Approve Resolution No. 97 -041. Garzini noted that further research by the Finance and Police Departments had indicated that the full-time position was paying its way, and he recommended defeat of the resolution. King stated that he could support continuing with the full -time position if it were breaking even, but asked that the Council and Administration review this once again at budget time. VOTE ON MOTION Motion Failed. All voted NO. Demolition of Seward General Hospital Building. Crane asked if the City had contacted Providence about private requests to purchase the existing hospital building. Garzini stated that he had discussed this with Providence's architect Terry Hyer and had been told that relocating the footprint of the new facility to the south would be problematic. Bencardino noted that Don Ennis, Dale Lindsey and he had met with Providence officials in Anchorage to discuss Lindsey's proposal to purchase the existing building. He stated that these officials felt the hospital project had progressed too far to save the building at this point. Anderson noted that it was not too late to look at options for repositioning the new facility and saving the existing building to incorporate into the Providence plan to create a medical campus at the site. Clark stated that the building was a solid structure and every effort should be made to preserve it. Crane stated that he was willing to look at this issue only if Providence was willing to discuss it. Garzini warned that moving the new structure to the south would impact the roadway and utilities, resulting in a higher cost for the project. He also expressed concern about the effect any changes would have on the bonds issued by the City to fund this project. Blatchford added that any delay would probably be months, not weeks. Crane suggested that the City invite Providence to have a dialogue with the City and other interested parties about the possibility of saving the existing building if this could be accomplished without adversely affecting the project. There was no objection from the Council. Funding for the Deputy City Clerk Position. King stated that he would like to give early guidance to the Clerk to fund the Deputy Clerk position in the upcoming budget. Anderson stated that management and staffing of the City Clerk Department rested solely with the Clerk. Garzini noted that the Council would have control of the budget once it was placed before them for action. He warned that it would be a terrible mistake to allow individual employees to lobby the Council during this initial stage in the process. Clark stated that he would not like to do anything to adversely affect the operation of the City Clerk Department. Crane stated that he did not wish to discuss this issue until the budget was presented to the Council. Keil and Bencardino agreed. City of Seward, Alaska City Council Minutes March 10, 1997 Volume 33, Page 33 INFORMATIONAL ITEMS AND REPORTS Anderson Trip Report -- Washington, D.C. Anderson noted that she had distributed a written report of her lobbying trip to Washington, D.C. She stated that she was impressed by the City's federal lobbying team. She stated that she and Garzini had presented the City's legislative needs to various federal agencies, Alaska's legislative delegation and their staff members. She thanked the community for giving her the opportunity to participate in this lobbying effort. COUNCIL COMMENTS BENCARDINO scheduled the City Clerk and City Manager evaluations to begin at 6:00 p.m. on Monday, March 17 and the City Attorney evaluation for a time prior to the April 14 City Council Meeting. He also noted that he had appointed Willard Dunham to represent the City on the Volcano Center's Board of Directors. CITIZENS' COMMENTS CAROL CHAUDIERE, 1129 Cliff View Place, stated that she was sad to hear the Council's comments regarding the hospital and lamented that no effort had been made to find another location for the hospital facility. She objected to destroying a valuable structure to make room for a parking lot. LEO WAKEFIELD, 439 Fifth Avenue, stated that he represented a number of those in the residential rental market, and he expressed his concern for renters who would bear the cost of any increased sales tax burden each month. He stated that the borough had a $27 Million surplus in the bank and did not need extra sales tax revenues. He also agreed that it was wasteful to demolish the existing hospital structure. TIM SCZAWINSKI, 611 Monroe, agreed that it was a mistake to demolish the hospital building. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS GARZINInoted that the site plan for the new hospital facility included a proposal for a new building at the site of the existing building. He stressed that the building was not being removed to make way for a parking lot but to eliminate a liability and to create a medical campus. ADJOURNMENT The meeting was adjourned at 10:07 p.m. a . Murphy, / Louis . Bencardino - ity Clerk Mayor (City Seal) ; e° City of Seward, Alaska City Council Minutes March 24, 1997 Volume 33, Page 34 CALL TO ORDER The March 24, 1997 regular meeting of the Seward City Council was called to order at 7:34 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 Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane Marianna Keil Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Rick Gifford, Director of Finance and Administration Linda S. Murphy, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Murphy noted that Lee McAnemey and Patricia Ray Williams, recipients of the City's 1997 Historic Preservation Awards, were not present and the award certificates would be mailed to them. Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley reported on the most recent Assembly Meeting. City Manager's Report. Garzini noted that the access road to the borough landfill was still a major life safety issue and he suggested that the Borough fund or join with the City in securing funds for an alternate access route which would bypass the Forest Acres residential area. He stated that state auditors had completed their review of the Harbor Accounts and suggested a work session to discuss the Harbor budget and other harbor - related issues. The Council asked Garzini to prepare a report and recommendation for the Council at its next meeting to determine the fate of the Historic Preservation Commission. City of Seward, Alaska City Council Minutes March 24, 1997 Volume 33, Page 35 1 1 Other Reports, Announcements and Presentations. Planning Commission Applicants Carol Griswold, Kelly Martin and Tom Smith gave a brief overview of their qualifications to serve on the commission and the reasons they wished to serve. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. LEO WAKEFIELD, 439 Fifth Avenue, asked the Council to consider exempting rental units managed by a licensed property manager or realtor from the requirement to obtain a separate city business license. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/Crane) Approve the Agenda and Consent Agenda. Anderson moved Resolution No. 97 -042 from the Consent Agenda to the Regular Meeting Agenda. King moved Item W.A., Chamber of Commerce sublease agreement, 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. 97 -10, authorizing the sale of tax- foreclosed property described as Lots 17 -18, Block 22, Original Townsite of Seward (407 Sixth Avenue), was introduced and set for public hearing on April 14, 1997; Resolution No. 97 -043, approving a change order to the Swenson Construction contract and appropriating funds for completion of the library remodel project, was approved; Resolution No. 97 -044, approving the installation of additional trolley signs and appropriating funds, was approved; Resolution No. 97 -045, approving a Cooperative Fire Protection Agreement between the City and the State Division of Forestry, was approved; March 10, 1997 board of adjustment meeting minutes were approved as written; 1 March 10, 1997 regular meeting minutes were approved as written, City of Seward, Alaska City Council Minutes March 24, 1997 Volume 33, Page 36 Objection to the renewal of liquor licenses as requested by Tony's Bar and Tony's Liquor Store for non - payment of taxes was filed with the Alcoholic Beverage Control Board; and A letter of non - objection to the renewal of liquor licenses as requested by Yukon Bar, Christos Palace and New Seward Saloon was approved. PUBLIC HEARINGS Ordinance No. 97 -09, authorizing the sale of tax - foreclosed property described as Lots 36 -37, Block 17, Original Townsite of Seward (330 Fifth Avenue). 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/King) Motion Passed. UNFINISHED BUSINESS Enact Ordinance No. 97 -09. Unanimous Resolution No. 97 -039, opposing the construction of a road to Whittier. Murphy noted that action on this resolution had been postponed at the March 10 meeting and a motion to approve was on the floor. In response to a question from Clark, Garzini noted that City Lobbyist &.ent Dawson had recommended that the Council not adopt the proposed resolution. He noted that there was considerable support for the Whittier Road project among the House and Senate leadership and in the Administration, and any official opposition from the City of Seward could negatively impact important funding issues for local projects. He noted that, since the Corps of Engineers had determined that Whittier's proposed new harbor did not meet the cost/benefit standard, there would be no federal funding for a new harbor there. VOTE ON MOTION TO APPROVE RESOLUTION Motion Failed. YES: Anderson NO: Bencardino, Blatchford, Clark, Crane, eil, P'.ing 1 YES, 6 NO NEW BUSINESS Resolution No. 97 -042, amending the 1997 federal and state legislative priorities. City of Seward, Alaska March 24, 1997 MOTION (Crane/King) 'i C City Council Minutes Volume 33. Pare 37 Approve Resolution No. 97 -042. Anderson stated that she was concerned for the safety of local residents if the prison expansion occurred and she objected to voting on the state and federal capital priorities in the same resolution. MOTION (Anderson/Keil) Motion Failed. Amend Resolution No. 97 -042 by deleting the second "Whereas Clause" and deleting Section 2. YES: Anderson, Keil NO: Bencardino, Blatchford, Clark, Crane, King 2 YES, 5 NO CiLSII me] Z!T[41 Li elLN01Cl l U U I I Motion Passed. Unanimous Resolution No. 97 -046, approving a one -year extension to the collective bargaining agreement between the City of Seward and the International Brotherhood of Electrical Workers. MOTION (Clark /King) Motion Passed. Approve Resolution No. 97 -046. Unanimous City Business License Regulations -- Rental Properties. Crane stated that he concurred with the City Manager's recommendation that the Council exempt rental properties managed by a realtor or property manager from the requirement that the owner of the property obtain a separate business license. He suggested that the administration conduct a complete review of the business license code and recommend any other changes that would streamline the administrative process. King asked that the administration consider requiring the licensee to produce a sales tax card only and not a state business license. Garzini stated that he and the City Clerk would work together on the review and bring an ordinance back to the Council for discussion and action. Appointment of Planning Commissioners. Murphy distributed the ballots and instructed the Mayor and Council to vote for not more than two of the three candidates listed. The votes were tabulated and the vote announced as follows: Carol Griswold -- 5 Votes (Anderson, Blatchford, Clark, Keil, Crane) Kelly Martin -- 6 Votes (Anderson, Bencardino, Blatchford, Crane, Keil, King) Tom Smith -- 3 Votes ( Bencardino, Clark, King) City of Seward, Alaska City Council Minutes March 24, 1997 Volume 33, Page 38 MOTION (Anderson/Crane) Confirm the appointment of Carol Griswold and Kelly Martin to 3 -year terms on the Planning and Zoning Commission. Motion Passed. Unanimous INFORMATIONAL ITEMS AND REPORTS Chamber of Commerce sublet of Boardwalk Site No. 9 to Mitchell B. Lyman, dba Cabin Coffee Cache. King asked if the Chamber of Commerce was required to remit a portion of its sublet rents to the City as required under the lease policies and procedures. Garzini stated that, since the rental income was a source of revenue for the Chamber, they were not required to remit any portion of this income to the City. COUNCIL COMMENTS CLARK noted that he had met with representatives of several agencies regarding the Resurrection River and Japanese Creek Flood Mitigation Program, and he was hopeful that this project would be underway within the next year. He also stated that he would be traveling to Juneau next week representing the City on the Alaska Municipal League's Legislative Committee. BLATCHFORDstated that, as the legislative session drew to a close, the City's presence in Juneau was critical, and he encouraged the Mayor to spend as much time as possible there lobbying on behalf of city issues. KEIL welcomed Ms. Griswold and Ms. Martin to the Planning Commission and she thanked Mr. Smith for applying. She also complimented the library on its recent remodel project. CRANE asked for a report on the electrical work being performed on Second Avenue. Utilities and Engineering Manager Calvert stated that the Utility was rerouting the feed to the SeaLife Center, and this required a larger line to accommodate the additional current passing through the line. ANDERSONalso welcomed Griswold and Martin to the Commission. She encouraged Smith to apply again when there was another opening. BENCARDINOstated that he was pleased to have three well qualified applicants for the two Commission vacancies, and he thanked all of them for their interest in serving on the Planning Commission. He also thanked the officers and enlisted troops who were in Seward for the Northern Edge military exercises. He stated that their conduct had been beyond reproach, and their countries should be proud of them. Finally, Bencardino thanked City Manager Garzini and Al Schafer for their donation of funds to assist local high school students participating in the exchange with Korea. City of Seward, Alaska City Council Minutes March 24 1997 Volume 33, Page 39 t CITIZENS' COMMENTS None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None ADJOURNMENT The meeting was adjourned at 9:05 p.m. t /I -j J (,:�4 �,- da A. Murphy, CMCfAAE City Clerk (City Sea,)°; "' A . e 'a f �a r a ' i `V,fpst ��iliu2�a l ° � 6 J Mayor City of Seward, Alaska City Council Minutes April 14, 1997 Vohnne 33, Page 39 CALL TO ORDER The April 14, 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. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane (arrived at 7:55 p.m.) Marianna Keil Jerry F. King City of Seward, Alaska City Council Minutes April 14, 1997 Volume 33 Page 40 comprising a quorum of the Council; and Ronald A. Garzini, City Manager Rick Gifford, Manager of Finance and Administrative Services Linda S. Murphy, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Bencardino presented a proclamation to Sal Galvano designating April 26, 1997 as Child Safety Day. He also presented a plaque to Rocky Goodwill commemorating his 20 years of service as a city employee. Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley reported on the most recent Assembly Meeting. City Manager's Report. Garzini reviewed the status of several projects and issues. He introduced newly - appointed Providence Seward Medical Center Director Gary Hughes who briefly reported on hospital issues. In response to a question from Anderson, Garzini noted that the proposed improvements to the railroad dock would not be going forward because of an unwillingness on the part of the cruise industry to commit funds to the project. He also reported that he was pleased with the efforts of the federal lobbyists, noting that energy had been generated at the highest levels for several city projects including the multi- agency facility, research funding and tunnel repair. In response to another question from Anderson, Keil and Bencardino reported that Senator Torgerson had managed to restore full funding for AVTEC in the state's general fund. Other Reports, Announcements and Presentations. Alaska SeaLife Center Executive Director John Hendricks gave a general overview of the status of the SeaLife Center's funding and programs. Construction Manager Roe Sturgulewski presented a brief SeaLife Center construction update. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. KATHY CLINE, 405 Fourth Avenue, Executive Director of the Seward Chamber of Commerce, spoke in support of Resolution No. 97 -052. She noted that any donations of these funds to the Chamber would be used exclusively for marketing efforts and not for Chamber operations. ANNE CASTELLINA, 211 Bluefield, urged the Council to support Resolution No. 97- 052. She stated that both tourism marketing and funding for a convention center were appropriate uses of bed tax dollars. City of Seward, Alaska City Council Minutes April 14 1997 Volume 33, Page 41 DOUG CAPRA, 212 Resurrection Boulevard, encouraged the Council to continue the Historic Preservation Commission for one year to give the Commission an opportunity to prove its worth to the community and its willingness to work towards its intended purpose. SHANNON SKIBENESS, 2612 Birch Street, urged the Council to continue the Historic Preservation Commission. She stated that it was premature to dissolve the Commission without giving it one more chance. ARLENE WILEY, 550 Railway, spoke in support of Resolution No. 97 -052. t t BRAD SNOWDEN, 525 Sixth Avenue, stated that he did not approve of the bed tax; however, as long as it was in place, its proceeds should be used to enhance the visitor industry. He added that he would prefer that any contributions to the Chamber be monitored by the City and individually approved by the Council to assure that the funds were used for marketing. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark /Crane) Approve the Agenda and Consent Agenda. Anderson moved Ordinance No. 97 -11 and Resolution No. 97 -050 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: Resolution No. 97 -047, authorizing the purchase of a backhoe for the Water and Sewer Department and appropriating funds, was approved; Resolution No. 97 -048, approving a special events permit and authorizing the discharge of fireworks by the Chamber of Commerce during the 1997 Independence Day Celebration, was approved; Resolution No. 97 -049, approving Amendment No. 2 to the lease agreement between Robert H. Ferguson and the City, was approved; Resolution No. 97 -051, amending the contract with City Manager Ronald A. Garzini to allow for an indefinite extension until terminated with sixty days' notice by Garzini or the City, was approved; The March 24, 1997 regular meeting minutes were approved as written; and City of Seward, Alaska City Council Minutes April 14, 1997 Volume 33 Page 42 An April 14, 1997 memorandum from Harbormaster Foster Singleton regarding the status of certain harbor lease proposals was noted for information. PUBLIC HEARINGS On*nance No. 97 -10, authorizing the sale of tax - foreclosed property described as Lots 17 -18, Block 22, Original Townsite of Seward (407 Sixth Avenue). 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 /Clark) Motion Passed. NEW BUSINESS Enact Ordinance No. 97 -10. Unanimous Ordinance No. 97 -11, amending Seward City Code Title 3, Personnel, to provide for contract employees. MOTION (Anderson /Keil) Introduce Ordinance No. 97 -11 and set it for public hearing on April 28, 1997. Anderson stated that she objected to creating two classes of city employees and stated that she would prefer to postpone introduction of this ordinance until the attorney could be present to answer some of her questions. Garzini explained that employees hired under contract would be treated as other employees of the City except as respect to termination of employment. He stated that it was critical that a manager have the authority to dismiss an assistant or deputy if confidence in the employee was lost. He added that the contract would provide protections for both the City and the contract employee since the employee would be guaranteed a severance package if the contract were terminated. He noted that, in Anchorage, all directors, department heads and division heads worked at the pleasure of the Chief Executive Officer. Clark asked Garzini to look into ways to bring other employees under a contract system, if appropriate, rather than the assistant only. Garzini stated that he would recommend that positions such as department heads be brought under contract as positions were filled rather than changing the terms of employment of existing employees. VOTE ON MOTION TO INTRODUCE ORDINANCE Motion Passed. YES: Bencardino, Blatchford, Clark, Crane, Keil, King NO: Anderson 6 YES, 1 NO City of Seward, Alaska City Council Minutes April 14, 1997 Volume 33, Page 43 t RECESS: The meeting was recessed at 9:25 p.m. and reconvened at 9:35 p.m. Resolution No. 97 -050, amending the Harbor Enterprise Fund Legal budget. t t MOTION (King /Crane) Approve Resolution No. 97 -050. Anderson stated that she did not approve of the City's decision to go forward with a sale of the property and lease of tidelands to Schafer and felt that the City should negotiate out of the Seward Forest Products lease and then RFP the site. She stated that, for this reason, she could not support this resolution. Gazzini pointed out that the Council had instructed the City Manager and the City Attorney to negotiate the agreements with Seward Forest Products and Afognak Logging, and this resolution amended the budget to pay the attorney for work already performed at the request of a majority of Council. VOTE ON MOTION TO APPROVE THE RESOLUTION. Motion Passed. YES: Bencardino, Blatchford, Clark, Crane, Keil, King NO: Anderson 6 YES, 1 NO Resolution No. 97 -052, declaring Council intent with respect to use of the proceeds of the hotel/motel room tax. Motion (Keil /King) Approve Resolution No. 97 -052. Clark stated that, by his calculations, the visitor industry contributed over $600,000 in sales tax revenues alone to the City each year and, given this significant economic impact, it was appropriate to dedicate a portion of the bed tax revenues to enhancing and promoting the tourist industry. King stated that the sponsors of the initiative ordinance which established the bed tax had presented the new tax as potential revenue for a visitor center and to fund tourism promotion. Crane objected to the resolution stating that the Council could give direction to the administration without taking such formal action. He added that this discussion should take place during discussion of the budget as a whole. MOTION (Keil /Bencardino) Amend Sections 2 and 3 of the resolution by striking out "fifty percent of the" and "the remaining fifty percent of the" respec- tively and inserting "a percentage of the Fiscal Year 1998" in each of the two sec- tions. Motion Passed. YES: Anderson, Bencardino, Blatchford, Clark, Keil, King City of Seward, Alaska City Council Minutes April 14, 1997 Volume 33, Page 44 NO: Crane 6 YES, 1 NO VOTE ON MOTION TO APPROVE THE RESOLUTION AS AMENDED Motion Passed. YES: Anderson, Bencardino, Blatchford, Clark, Keil, King NO: Crane 6 YES, 1 NO Status Review -- Historic Preservation Commission. The Council instructed Murphy to advertise the four existing vacancies on the Commission and stated that if a sufficient number of applications were received to fill all four seats, the Commission would be allowed to continue for one year and would be re- evaluated at that time. COUNCIL COMMENTS BLATCHFORD asked Garzini to give a report at the next meeting on City noise abatement policies and procedures. He congratulated Rocky Goodwill on his 20 years of service with the City and congratulated Lacey Keil on her selection to appear on an upcoming Nickelodeon game show. KEILasked for a report on the size of the City's commitment to the proposed convention center. She welcomed Hughes to town. CRANE congratulated Goodwill on his 20 year anniversary as a city employee. CLARK stated that he had received a 20- minute video tape of the recent Alaska Conference of Mayors press conference in Juneau and offered to share it with anyone interested. He stated that he was pleased to see unanimous consent among the Council to continue the Historic Preservation Commission for another year. KINGreported on actions of the Planning Commission at its last meeting. He thanked the Council for its support of Resolution No. 97 -052. CLARK reported that the Alaska. Railroad had scheduled an April 18 prebid conference for construction of the new depot. He added that the Railroad intended to pave a road east of the tracks to the Railroad Dock at the same time it was completing any paving associated with the new depot building. ANDERSON congratulated Goodwill. She thanked Skibeness for reading the two proclamations naming Pat Williams and Lee McAnerney as recipients of the 1997 Historic Preservation Awards. She asked if a building permit was required for renovating the railcars in the harbor. Engineering and Utilities Manager Calvert stated that the owner of the railcars had City of Seward, Alaska City Council Minutes April 14 1997 Volume 33, Page 45 applied for a permit, and the application was being reviewed. He noted that the work currently taking place involved gutting the interiors of the cars only. BENCARDINOnoted that Lt. Governor Fran Ulmer would be in Seward on Tuesday to convene a session of the Children's Cabinet. He encouraged area residents to attend the session. He also noted that, thanks in part to the efforts of Era Aviation, the FAA would be installing a GPS system at the Seward Airport within the next month. CITIZENS' COMMENTS TIM MCDONALD, Mile 2, Nash Road, stated that he had just recently become aware of the proposal to sell the sawmill site. He stated that he was representing a local consortium interested in purchasing the property from the City for substantially more money than Schafer had offered to pay. KATHY CLINE, 405 Fourth Avenue, Executive Director of the Chamber of Commerce, stated that any bed tax revenues given to the Chamber would be used to market Seward as an overall destination. She stated that the Chamber was the City's defacto marketing department, and she would be seeking a formal contract with the City to carry out such a marketing plan. BRAD SNOWDEN, 525 Sixth Avenue, requested authorization to lease the old "Nibbles & Chips" site for fair market value. He also objected to the City's requirement that he continue to renew his Conditional Use Permit for his proposed harbor hotel when the Breeze Inn was allowed to complete major expansions without securing a Conditional Use Permit. ANNE CASTELLINA, 211 Bluefield, thanked the Council for its support of Resolution No. 97 -052. JOLENE KING, 900 Third Avenue, thanked the Council for approving Resolution No. 97 -052. She also asked if the City intended to clear the rubble left at the site following the City's test burn. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS GARZINIexplained the process the City had used in its efforts to dispose of the sawmill property. He noted that Afognak had submitted the most responsive proposal, and the Council had instructed him and the attorney to put together a deal with Afognak. He added that public hearing on the proposed disposal was scheduled for the next Council meeting. ANDERSON stated that she would like to see the City enter into a continuing contract with the Chamber for marketing services rather than "reinventing the wheel" each year. ADJOURNMENT City of Seward, Alaska City Council Minutes April 14, 1997 Volume 33 Page 46 The meeting was adjourned at 10:55 p.m. J City Clerk .,OCity Seal) Ob Y� ^ Ri 40 4' ' •. r ,,'� City of Seward, Alaska City Council Minutes April 28, 1997 Volume 33, Page 46 CALL TO ORDER The April 28, 1997 special meeting of the Seward City Council was called to order at 7:02 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Waived. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane Marianna Keil Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Rick Gifford, Director of Finance and Administrative Services Eric Wohlforth, City Attorney Brad Meyen, City Attorney Linda S. Murphy, City Clerk City of Seward, Alaska City Council Minutes April 25, 1997 Volume 33, Page 46 -A t CALL TO ORDER The April 25, 1997 special meeting of the Seward City Council was called to order at 4:00 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Councilmember Crane led the pledge of allegiance to the flag. ROLL CALL There were present: [1 Louis A. Bencardino, presiding, and Margaret Anderson Stirrat (Stu) Clark Jerry F. King comprising a quorum of the Council; and Linda S. Murphy, City Clerk Edgar Blatchford Dave W. Crane ABSENT Marianna Keil (excused) t CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. MURPHYstated that this meeting had been called by the Mayor to accept her (Murphy's) resignation and to discuss recruitment of her replacement. She stated that the Council was not being asked to appoint an interim clerk at this meeting. She added that her suggestion that the City Manager's secretary be appointed interim city clerk was made in recognition of the deputy clerk's recent extraordinary absences from the City because of illness and her (Murphy's) opinion that Jones would be unable to commit the time necessary to properly manage the department. Murphy noted that this decision would not be made at this meeting but was one the Council should carefully consider. THERESA BUTTS, #3 Starr Lane, urged the Council to appoint Patsy Jones as the interim City Clerk during Murphy's absence from the City. MARILYN REYNOLDS, 225 Sixth Avenue, stated that the City and Murphy had invested public funds and time in training Jones, and she was the logical choice to act as City Clerk following Murphy's departure from the City. City of Seward, Alaska City Council Minutes April 25, 1997 Volume 33, Page 46 -B JOLENE KING, 900 Third Avenue, stated that any decision regarding recruitment or replacement of the City Clerk could have waited until Monday's meeting, and she questioned the need for this special meeting on such short notice. MIKE CALHOON, 611 Fourth Avenue, urged the Council to appoint Deputy Clerk Jones as interim City Clerk. MIKE WILEY, 550 Railway, objected to the special meeting and claimed that adequate notice had not been given considering the controversial nature of the matter before the Council. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson/Crane) Motion Passed. Approve the Agenda. Unanimous NEW BUSINESS Resignation of City Clerk Linda Murphy. MOTION (Anderson /Crane) Motion Passed. Accept Murphy's resignation with regret. Unanimous Recruitment procedures for new city clerk. Anderson asked that this discussion be postponed until the next regular meeting. There was no objection from the Council. ADJOURNMENT The meeting was adjourned at 4:20 p.m. Linda S. 1\ City Clerk (City Seal City of Seward, Alaska City Council Minutes April 28, 1997 Volume 33, Page 47 fl CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson/Keil) Unanimous Motion Passed. Approve the Agenda. NEW BUSINESS Request for Executive Session. t MOTION (Clark/Crane) Motion Passed. To meet in executive session to discuss potential claims or litigation involving tax - foreclosed property. Unanimous ADJOURNMENT The meeting was adjourned at 7:05 p.m.; the Council immediately reconvened in an executive session to discuss potential claims or litigation involving tax - foreclosed property. (qo Seal) g, a „ Y ti � r � City of Seward, Alaska City Council Minutes April 28, 1997 Volume 33, Page 48 CALL TO ORDER The April 28, 1997 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 Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane Marianna Keil Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Rick Gifford, Director of Finance and Administrative Services Eric Wohlforth, City Attorney Brad Meyen, City Attorney Linda S. Murphy, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Bencardino read a letter from the Department of Community and Regional Affairs congratulating Murphy on her appointment as Kenai Peninsula Borough Clerk. Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley reported on the most recent Assembly Meeting. City Manager's Report. Garzini noted that he had distributed the Hensley Housing Report outlining the availability of housing in the Seward area and recommending that the City participate in the development of more affordable housing construction through changes in zoning regulations and extension of utilities to new subdivisions. City Attorney's Report. Wohlforth reported on the prior month's legal activities. Other Reports, Announcements and Presentations. Brad Snowden urged the Council to appoint a task force to develop groomed snow machine trails in and around Seward in order to encourage winter tourism. City of Seward, Alaska City Council Minutes April 28, 1997 Volume 33, Page 49 Gary Hughes, Seward Providence Medical Center Director, invited the Council and the public to attend the new facility's ground breaking ceremonies on May 1. Tim McDonald asked the Council to consider his proposal to purchase the sawmill site. He stated that, if the Council opted to approve the agreements with Afognak which were scheduled for consideration later in the meeting, he would not continue to pursue this project; however, he hoped the Council would weigh each offer before making a decision. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. JOLENE KING, 900 Third Avenue, complained that adequate notice of the April 25 meeting had not been given and she objected to the appointment of anyone other than Deputy Clerk Jones to fill the Clerk's position. MARILYN REYNOLDS, 225 Sixth Avenue, congratulated Murphy on her appointment as Borough Clerk and urged the Council to appoint Jones to take her place as City Clerk. BRAD SNOWDEN, 525 Sixth Avenue, noted that Resolution No. 97 -055 would expand the Kenai Fjords Tours lease into an area that had not been the subject of a request for proposals. He asked for an explanation of this apparent violation of City lease procedures. Garzini explained that the entire boardwalk area had been the subject of last year's request for proposals to develop several city -owned parcels, and this lease expansion had been requested as a result of the RFP. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane/Keil) Approve the Agenda and Consent Agenda. Anderson removed Resolution No. 97 -054 and Resolution No. 97 -055 from the regular meeting agenda to the consent agenda. She also requested the addition of the following items to New Business: 1) Recruitment procedures for the city clerk position; 2) discussion of the appointment of an acting clerk; and 3) request for a resolution outlining the terms of the Murphy's departure from city employment as it relates to her contract. 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. 97 -12, regarding required yard setbacks for corner lots with multiple frontages, was introduced and set for public hearing on May 12, 1997; City of Seward, Alaska City Council Minutes April 28, 1997 Volume 33, Page 50 Ordinance No. 97 -13, amending the Seward Zoning Code to allow a shooting range in the Industrial Zoning District by conditional use permit, was introduced and set for public hearing on May 12, 1997; Ordinance No. 97 -14, amending the Land Use Plan and Zoning of the E -1/2 of the NW -1/4 of Section 1, T1S, R1W, Seward Meridian, located at 1815 Nash Road and identified as Kenai Peninsula Borough Tax Assessor No. 145 - 170 -02 from Resource Management to Industrial, was introduced and set for public hearing on May 12, April 14, 1997 regular meeting minutes were approved; The transfer of a liquor license from Louis E. And Patricia A. Thorn to Steven E. Thorn (Thorn's Showcase Lounge) was approved; and A report of purchase orders between $5,000 and $10,000 issued through April 8, 1997 was noted for information. PUBLIC HEARINGS Ordinance No. 97 -11, amending Seward City Code Title 3, Personnel, to provide for contract employees. 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. Garzini noted his memorandum recommending defeat of the ordinance because of conflicts with the City Charter. MOTION (Anderson /Clerk) Enact Ordinance No. 97 -11. Motion Failed. Everyone voted NO. Resolution No. 97 -053, approving a long term lease of property located in the Seward Marine Industrial Center to Patrick M. Marrs. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BRAD SNOWDEN, 525 Sixth Avenue, asked why the Council was considering a lease of property which had not been the subject of a formal request for proposals. BOB VALDATTA, 528 Fifth Avenue, stated that the property had been advertised for lease on more than one occasion. He spoke in support of the lease and development of the property. THERESA BUTTS, No. 3 Star Lane, spoke in support of the lease. City of Seward, Alaska City Council Minutes April 28, 1997 Volume 33, Page 51 1 No one else requested to be heard, and the public hearing was closed. Garzini explained that the Seward Marine Industrial Center property was an exception to the city's lease policies. He noted that the City had erected a large sign at the entrance to SMIC offering property leases. MOTION (Keil /Crane) Motion Passed. Approve Resolution No. 97 -053. Unanimous Resolution No. 97 -032, approving the termination of the Seward Forest Products Leases, the sale of certain real property, the lease of certain tidelands that may be acquired by the City, and an agreement to sell rock, if available, to Afognak Logging. 1 t Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BRAD SNOWDEN, 525 Sixth Avenue, asked that the Council look at both proposals (Schafer's and McDonald's) and make their decision based on what was best for the City. TIM MCDONALD, Mile 2, Nash Road, stated that his proposal offered the City $200,000 more than the proposed Schafer agreement. He admitted that he had not responded to the RFP as Schafer ( Afognak) had, and stated that family matters had prevented him from doing so. RON LONG, Camelot Subdivision, urged the Council to approve the agreement with Afognak even if the McDonald proposal would result in more money to the City. He noted that the City's reputation for fair dealing was worth more than the purported $200,000 difference in the proposals. BOB VALDATTA, 528 Fifth Avenue, spoke in support of the resolution transferring the sawmill site to Afognak Logging. GORDON BOYD, representing Seward Forest Products, stated that any process resulting in a delay in closing would adversely affect Seward Forest Products and would probably invalidate any deal that Seward Forest Products currently had with the City and Afognak Logging. He stated that the deal SFP had made with Afognak would not be available to McDonald or anyone else. STEVE SCHAFER, 2501 Maple, stated that the Afognak offer totaled $800,000, not $600,000 as McDonald had stated. DOUG PERKINS, counsel for Afognak Logging, noted that it was impossible to compare the Afognak agreement with McDonald's proposal since it was impossible for the Council to take action on McDonald's proposal at this time, and a delay in action would necessarily result in a change in everyone's position. He noted that Schafer had responded to the City's RFP in a timely manner City of Seward, Alaska City Council Minutes April 28, 1997 Volume 33, Page 52 and had presented the best of the proposals received. He urged the Council to approve the resolution before it. TIM MCDONALD, Mile 2, Nash Road, stated that his proposal included $800,000 for the sawmill site plus an additional $200,000 for the tidelands lease. No one else requested to be heard, and the public hearing was closed. MOTION (Crane/Keil) Approve Resolution No. 97 -032. Garzini reviewed the RFP process. He stated that Seward Forest Products officials had reviewed the five proposals received and had determined that Afognak's proposal was the most viable. After conducting two public work sessions, the City Council had instructed the administration to work with SFP and Afognak to negotiate an agreement that would net $1 Million to the City of Seward, and the agreements before the Council at this meeting were the results of those negotiations. He reminded the Council that part of this process had been an effort to avoid the costs of legal battles with SFP. He stated that the City had a good faith obligation to Schafer and Seward Forest Products. He added that, if these agreements were not approved, the City would go forward with another request for proposals on the property rather than enter into negotiations with McDonald to allow others who might be interested in the property to respond, thus further delaying a resolution of this issue. Clark and Crane spoke in support of the resolution. Anderson objected to the resolution and suggested that the City negotiate directly with Seward Forest Products to terminate its leases with the City and then issue a request for proposals for disposal of the property. MOTION (Blatchford /Anderson) Postpone until a special meeting to be conducted on May 1, 1997, beginning at 7:30 p.m. Motion Failed. MOTION (Crane /Clark) YES: Anderson, Blatchford NO: Bencardino, Clark, Crane, Keil, King 2 YES, 5 NO Amend Section 6 of the resolution by add- ing the following: "To the extent the consid- eration paid for the tidelands leases may be considered less than fair market value, the City finds the public interest will be served by leasing the tidelands for less than appraised fair market value because the tidelands leases are required to support the uses of the property and because substantial improve- ments may be constructed upon the tidelands City of Seward, Alaska City Council Minutes April 28, 1997 Volume 33, Page 53 1 Motion Passed. that may provide business and employment opportunities. " Unanimous VOTE ON RESOLUTION AS AMENDED Motion Passed. Unanimous UNFINISHED BUSINESS None NEW BUSINESS Resolution No. 97 -054, approving the demolition of the old U.S. Army dispatch building to allow paid parking adjacent to the south breakwater and establish- ing a 30' x 30' short-term lease site for monthly rental to Tammy Bush, dba Summer Fun Surreys. fl MOTION (Crane/Keil) Approve Resolution No. 97 -054. In response to a question from Anderson, Harbormaster Singleton stated that the building was practically worthless. Garzini stated that he planned to include this parcel in a request for proposals to develop several city -owned sites which would be issued in the fall. VOTE ON MOTION Motion Passed. Resolution No. 97 -055, approving an amendment to Lease No. 87 -062 between the City and Kenai Fjords Tours to enlarge the lease site, extend the lease term and adjust the lease rate. 1 MOTION (Clark/King) Unanimous Approve Resolution No. 97 -055. In response to a question from Anderson, Singleton stated that one parking space would be lost as a result of this expansion. MOTION (Anderson/Keil) Amend the attachment to the resolution to require that new restrooms constructed in the building would be open to the general public. Motion Passed. Unanimous City of Seward, Alaska City Council Minutes April 28, 1997 Volume 33, Page 54 VOTE ON RESOLUTION AS AMENDED Motion Passed. Unanimous Resolution No. 97 -056, authorizing the construction of water and sewer lines to the harbor boardwalk lease sites to be funded jointly by lessees and the City and authorizing the City Manager to proceed with final lease negotiations with proposers for Boardwalk Sites 1 through 8 for twenty -year lease agreements. MOTION (Crane/Blatchford) Motion Passed. Approve Resolution No. 97 -056. Unanimous Recruitment Process — City Clerk. Crane suggested that Deputy Clerk Jones be appointed interim clerk upon Murphy's departure and that she be allowed to serve a probationary period before the Council took any steps to recruit a new city clerk. Anderson stated that she did not wish to appoint an acting clerk at this time since there had been no public notice that this was to be an agenda item. She stated that she could not support the appointment of Jones as the acting clerk and would like to begin the recruitment process immediately. Blatchford objected to Crane's use of the term "probationary period" since this implied that the deputy clerk would be appointed clerk. Meyen agreed that the term "probation" should not be applied to the appointment of an interim clerk. Keil suggested doing away with the Clerk's Department and putting the Clerk under the direction of the City Manager. Anderson objected and stated that the Clerk's Department was part of the checks and balances necessary for the operation of local government. Blatchford and Anderson both spoke in favor of publicly advertising the Clerk's position. Anderson stated that it was imperative that the Council have complete trust and confidence in its three appointed employees, and the governing body had the right and obligation to select the best person for the Clerk's position without regard to previous or current employment with the City. Anderson requested a resolution for the May 12 agenda outlining the terms and conditions of Murphy's departure from the City and a resolution for the May 27 agenda appointing an interim City Clerk. There was no consensus on when and how to recruit a new City Clerk. COUNCIL COMMENTS CLARK congratulated Murphy on her appointment as Borough Clerk. BLATCHFORD noted that the resolution regarding the dedication of bed tax revenues approved at the April 14 meeting had not set an amount or percentage of revenues for any particular purpose, and this would be decided by the Council from year to year during the budget process. KEI invited the public to participate in the budget process. She also congratulated the Girls volleyball team for taking first place in the state meet. ANDERSON urged those interested in implementing a Crimestoppers and Neighborhood Watch Program to contact her. She thanked the Alaska Railroad for removing the old cranes at the City of Seward, Alaska City Council Minutes April 28, 1997 Volume 33, Page 55 t 1 Railroad Dock. She thanked Snowden for his presentation regarding winter tourism. She added that it was not her intent to circumvent the public process in the selection of a new City Clerk, but she did not want to see an automatic selection of anyone to fill the position. CITIZENS' COMMENTS BRAD SNOWDEN, 525 Sixth Avenue, asked the Council to consider the enactment of an enforceable sound ordinance. BOB VALDATTA, 528 Fifth Avenue, stated that the City needed a port marketing director to follow up on contacts in Korea and elsewhere. NUKE WILEY, 550 Railway, stated that he had heard some good things from the Council concerning the appointment of a new City Clerk. RON LONG, Camelot Subdivision, in response to Valdatta's comments, stated that much of the information gleaned by the City through its contacts in Korea and elsewhere were passed on to private businesses, leaving the City out of the process following the initial contacts. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS In response to Snowden's request, Garzini noted that Engineering and Utilities Manager Calvert would be putting together a report to the Council regarding a possible ordinance to control loud noises. ADJOURNMENT The meeting was adjourned at 10:56 p.m. t a 9. Murphy, Clerk .. , (City Seal) P. .1 ev i to � v ({ r City of Seward, Alaska City Council Minutes May 12, 1997 Volume 33, Page 56 CALL TO ORDER The May 12, 1997 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 Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane Marianna Keil Jerry King comprising a quorum of the Council; and Rick Gifford, Finance Director Tylan Schrock, City Manager Assistant Brad Meyen, City Attorney Betty Christian, City Clerk Office Assistant ABSENT was: Margaret Anderson (excused) SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Bencardino presented a proclamation to Jean Cripps designating the week of May 18 -24, 1997 Emergency Medical Services Week. A proclamation was also presented to Joe Eastman in honor of his success at the 1997 State High school Wrestling Meet and one to the Seward High School Girls Volleyball Team. Borough Assembly Report. Mike Wiley was unable to attend. A written report was given to the Councilmembers. City Managers Report. Gifford reported on the public nuisance ordinance and the Noise Abatement Procedures Review in Garzini's absence. He also spoke to the Budget progress made so far. City of Seward, Alaska City Council Minutes May 12, 1997 Volume 33, Page 57 t t City Attorney's Report. Meyen reported they had been working on clean up of Seward Forest Products /Afognak joint venture agreement and awaiting the out come of the reconsideration and the referendum petition that was filed. Other reports, Announcements and Presentations. Sara Pearson spoke about the Kenai Peninsula Youth Court. She invited Seward to participate in the Court in Kenai until such time as local youth could be trained as peer Judges. She pointed out that Youth Court saves considerable money because there is no cost involved as opposed to the $500.00 plus for a Jury trial and $80.00 plus for appearing before a Judge in regular court. The Mayor asked Councilmembers Clark and Keil and possibly Councihnember Anderson to meet with the Judge and attorneys next week. Roe Sturgulewski gave an overview on the SeaLife Center construction and tours being done. CITIZENS' COMMENTS NOT SCHEDULED FOR PUBLIC HEARING. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Keil/Blatchford) Approve the Agenda and Consent Agenda. Clark moved Resolution 97 -062 to the regular meeting agenda. VOTE ON MOTION TO APPROVE AGENDA AS AMENDED Motion Passed. Unanimous. The Office Assistant read the following approved consent agenda items. Resolution No. 97 -057, commending the Northern Edge 97 Participants, was approved; Resolution No. 97 -059, accepting the resignation of City Clerk Linda Murphy and setting the terms for her departure from City employment, was approved; Resolution No. 97 -061, reclassifying the Deputy City Manager position, was approved; t Resolution No. 97 -064; authorizing the purchase of two 8 -foot culverts for the Fish Ditch outlet, was approved; and The April 25th special meeting minutes, April 28th special meeting minutes and April 28th regular meeting minutes were approved as written; PUBLIC HEARINGS Ordinance No, 97 -12, amending the Seward City Code regarding required yard setbacks for corner lots with multiple frontages City of Seward, Alaska City Council Minutes May 12, 1997 Volume 33, Page 58 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 /King) Motion Passed. Enact Ordinance No. 97 -12. Unanimous Ordinance No. 97 -13 amending the Seward Zoning Code to allow a shooting range in the institutional Zoning District by conditional use permit. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BOB VALDATTA, 528 Fifth Ave, was concerned about the feasibility of the range. He stated that the range would need DOT approval for the road. He supported an archery range or shotgun range. Community Development Director Martin noted that the Borough did not want the Legion to use the gate which provided access to the rest of the landfill. He noted that the Borough preferred a second gate and development of a separate road. He further noted that installation of a culvert would be required where the road crosses the ditch. Keil asked if a fence would be cheaper than a road. JAY COLE, American Legion, project coordinator of the project, reported that the Legion needed to install a culvert and develop a road along the existing fence. He did not know anything about meeting any specifications or DOT requirements. MOTION (Crane /Keil) Motion Passed. Enact Ordinance No. 97 -13 Unanimous Ordinance No. 97 -14, amending the Land Use plan and Zoning of the E1/2 of the NWl /4 of Section 1, T1S, R1W, Seward Meridian, located at 1815 Nash Road and identified as Kenai Peninsula Borough Tax Assessor No. 145 - 170 -02 from Resource Management to Industrial 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) Enact Ordinance No. 97 -14 Motion Passed. Unanimous City of Seward, Alaska City Council Minutes May 12, 1997 Volume 33, Page 59 OTHER PUBLIC HEARING ITEMS FY 1998 General Fund and Enterprise Fund Budgets. Rick Gifford gave a brief overview of the budget. He reported that the City's financial priorities should be to solve community health care issues, improve the financial condition of the Harbor Enterprise Fund and support economic growth providing additional revenues to the City. He explained that Option A was a slim, no frills budget, and Option B proposed to eliminate the hotel /lodging room tax on July 1, 1997 while implementing a one percent seasonal sales tax effective April 1, 1998 through September 30, 1998 and each year thereafter. Suspension of the hotel /lodging room tax would continue until such time as those funds were needed to fund a specific program. ANNE CASTELLINA, 211 Bluefield, spoke concerning funding of the Multi -Use Facility. She urged retention of the hotel/lodging room tax to be partially applied to the facility if funds were not available as the Federal Government would take approximately 2 years to set up funding and they may lose what is already in place if it is not used. She added that the Federal portion of the funding had been submitted and looked very good at this time. She asked the City to dedicate a portion of the sales tax, or some other tax if the hotel /lodging room tax was eliminated. BOB VALDATTA, 528 Fifth Avenue, was concerned about no funds in the budget for marketing. He said that part of the hotel/lodging tax should be applied for that purpose. WILLARD DUNHAM, Dimond and Alder, asked where the pass through dollars for the SeaLife Center were in the budget. He felt that the suspension of the Bed tax was a mistake. The voters approved that tax and the locals are unfairly treated with an increased sales tax. He had no objection to a raise in Mill Rate to be used for marketing, but he objected to raising his taxes and reducing the visitor tax. He was pleased that the City finally stopped giving away parking and he hoped that the Cemetery project could be done with volunteer labor thereby reducing the need for funding. BRAD SNOWDEN, 525 Sixth Ave, stated that he had attended three work sessions on the budgets and commended the City on a wonderful job. Due to the amount of information, he hoped that there would be another one. The Mayor informed him of the upcoming work session to be held on May 20, 1997. UNFINISHED BUSINESS Item for Reconsideration Resolution No. 97 -032, approving the termination of the Seward Forest Products Leases, the sale of certain real property, the lease of certain tidelands that may be acquired by the City, and an agreement to sell rock, if available, City of Seward, Alaska City Council Minutes May 12, 1997 Volume 33, Page 60 to Afognak Logging (Notice of reconsideration was filed by Councilmember Anderson on April 29, 1997.) MOTION (Clark /Blatchford) Reconsider Resolution No. 97 -032 King asked if it was in order for anyone other than the person filing for reconsideration to make the motion. A brief recess was called so the attorney could review Robert's Rules of Order and the Seward City Code. RECESS: The meeting was recessed at 8:55 p.m. and reconvened at 9:05 p.m. Meyen informed the Council that only Anderson could make the motion. Blatchford withdrew his second. RECONSIDERATION FAILED FOR LACK OF A SECOND NEW BUSINESS Resolution No. 97 -058, giving notice that the City will cease operation of a public dump station as of October 1, 1997, provided a private alternative is available MOTION (Clark/Keil) Approve Resolution No. 97 -058. Clark stated that two members of the private sector were prepared to provide this service by October 1, 1997. He noted that here was some concern about the facility being in a private parking lot and the Small Boat Harbor. In answer to a question from King, Clark said one is already in at the Tesoro Station, one will be at the new service station, and he believes one is at mile six. Clark further noted that a fee would be charged. Gifford stated that the administration had no objection to this resolution provided that a private operation was in place by the end of the 1997 season. VOTE ON MOTION TO APPROVE THE RESOLUTION. Motion Passed. Unanimous Resolution No. 97 -060, providing for the recruitment of candidates for the City Clerk position. MOTION (Clark/Blatchford) Approve Resolution No. 97 -060. City of Seward, Alaska May 12, 1997 MOTION (Clark /Keil) Motion Passed. MOTION (King /Clark) City Council Minutes Volume 33. Page 61 Amend Section 1 by adding Municipality of Anchorage after Kenai Peninsula Bor- ough. YES: Bencardino, Clark, Crane, Keil, King NO: Blatchford 5 YES, 1 NO Move to postpone to May 27, 1997. King requested information from other municipalities on city clerk salary and duties. He also recommended discussion of the elimination of the deputy position before acting on this resolution. The Council scheduled a work session to discuss the recruitment of a city clerk at 5:30 p.m. on Tuesday, May 20, 1997. VOTE ON MOTION TO POSTPONE Motion Passed. Unanimous Resolution No. 97 -062, consenting to the vacation of the north half of Washington Street between Brownell Street and the centerline of First Avenue and the east half of First Avenue adjacent to Lots 21 -24, Block 13, Original Townsite of Seward. MOTION (Clark /Crane) Approve Resolution No. 97 -062. MOTION (Clark /Keil) Amend by deleting the words, "the north half of Washington Street between Brownell Street and the centerline of First Avenue and." Clark stated that Washington Street should be left as a public right of way since it was uncertain what the future holds. At the request of Clark, the Administration explained the reason for the vacation. Martin replied that the amendment did not affect Washington Street since this portion of the street had not been used as a throughway. He explained that fire access would be through Brownell Street. In answer to a question from King, he further replied that there would be no access to the IMS four plex. Keil was concerned with approving the vacation without a plan. At the request of Mayor Bencardino, Jim McCracken, 204 Resurrection, explained that the reason for the vacation was for set backs from Washington and Brownell. He noted that he also planned to build a play area for his tenants. VOTE ON MOTION TO APPROVE THE CLARK AMENDMENT Motion Failed. YES: Clark, Keil NO: Bencardino, Blatchford, Crane, King 2 YES, 4 NO City of Seward, Alaska City Council Minutes May 12, 1997 Volume 33, Page 62 VOTE ON MAIN MOTION Motion Passed. YES: Bencardino, Blatchford, Crane, Keil, King NO: Clark 5 YES, 1 NO Resolution No. 97 -063, awarding a contract for external audit services MOTION (Crane /Blatchford) Approve Resolution No. 97 -063. Gifford explained that four proposals were received for audit services. Proposals were review by Finance based on four criteria, understanding of the scope of work, size and evidence of adequate planning regarding labor hours required, experience in similar engagements, and the firms technical qualifications and qualifications of individuals assigned to audit. KPMG, the current auditors, were well qualified but its fee proposal was the highest. Deloit and Touche was an international firm with the second lowest proposal and hours in line with KPMG. Mikunda, Cottrell & Co., the lowest proposal, had very high ratings from other governments. Clark asked if there was a group of CPA's that rate other firms. Gifford answered that other accounting firms provide quality check peer review. MOTION (King /Crane) Amend Section 1 to add Mikunda, Cottrell & Co. Clark was concerned with the estimated hours which were only 2/3 of the hours proposed by the other firms. Gifford said that while he was concerned, his confidence was built up by talking with references and with the manager of the firm. Blatchford asked if he has a conflict of interest since he works for QNT and Mikunda is their auditor. The Mayor ruled no conflict since he does not receive a fee. VOTE ON AMENDMENT Motion Passed. Unanimous VOTE ON MOTION TO APPROVE THE RESOLUTION AS AMENDED Motion Passed. Unanimous COUNCIL COMMENTS CLARK was concerned with bicycle safety in town. He reminded everyone to ride with the traffic. He reported on several meetings he had attended in relation to flood management and noted that progress was being made toward the issues of Resurrection River and Japanese Creek. City of Seward, Alaska City Council Minutes Mav 12, 1997 Volume 33, Paze 63 He hoped funds would be available from various sources to start this work. He also met with DOT about the airport expansion. KING gave a brief overview of the Planning and Zoning Commission meeting. He said that he had received several calls from people in the community regarding the Middle School incident, and this did not shed a very good light on the community. He requested a report from Chief Walker at the next meeting. BLATCHFORD noticed more travel trailers taking up parking spaces downtown and asked the City to closely monitor that in the future. He added that he was very proud of the fact that Seward is the start of the Iditarod trail and preferred that the bike path be referred to as the Iditarod Trail. KEIL welcomed Mr. Schrock to our community. She stated that she had spoken with Chief Walker about the Middle School incident and is satisfied he is still investigating. She also stated that this was not just a police matter, the community was also at fault for allowing it to go on and condoning it by saying nothing. CRANE also welcomed Tylan Schrock and his family. He thanked Blaine Bardarson for his service on the Planning Commission over the years. He reminded everyone about the work session on May 20 at 5:30 p.m. on the Clerk position and at 7:00 p.m. on the budget. He also directed the administration to take a look at an ordinance on skateboarding in public areas. BENCARDINO also thanked Blaine Bardarson for his service over the years. He appointed Tom Smith to fill the vacancy created by the resignation of Bardarson. He said that he would be setting up a meeting about June 15 with Councilmember Keil, Engineering Dept, GTE, and Cablevision to work out a plan to remove overhead cables. He thanked the young people for doing so well in sports and the Coaches for their efforts. CITIZENS' DISCUSSION BOB VALDATTA, 528 Fifth Ave., spoke about the Borough Assembly meeting held here and voiced his concern about Sawmill Creek by the McDonald Place on Nash Road. He stated that he had spoken with person in charge of Disaster Control from the Borough about dredging the creek out. He was also very concerned about Stan Steadman having gone into private enterprise with information gathered while in public service. He recommended a full time Borough employee to be located in Seward. Borough Mayor Mike Navarre told him the Borough could fund a person for four hours a day if the City would pick up the remainder. He asked the City to pursue his request. ' BRAD SNOWDEN, 525 Sixth Ave., noted that he was still interested in leasing some City property and will be following up on this. He also stated that he would be issuing a letter tomorrow regarding the noise ordinance as it has become a very large problem for his guests. He said that $15 million should be sufficient to expand the airport to provide a runway for jets to City of Seward, Alaska City Council Minutes May 12, 1997 Volume 33, Page 64 land. He commended Blaine Bardarson on the fine job he's done. He noted that the seasonal sales tax would affect everyone in the community since about 80 percent of revenue, which is considerable, comes from that period of time. He noted his hope to propose an alternate process. He stated that his goal was to become City Manager and he intended to work toward that goal. WILLARD DUNHAM, Forest Acres, congratulated the City on hiring Mikunda, Cottrell, a good company that he is glad to see return. He mentioned that since we have two airlines flying into the airport trash has become a problem. Evidently when Scenic Air moved into town, the dumpster went with them. He said there was a definite need to find out who was responsible for getting a dumpster back out there or the garbage will continue to build up. He asked the Council to look at Dimond when the road repairs begin in June. The large volume of truck traffic has created a big problem. He hoped the ordinance on bikes on the sidewalks was tightened up soon. BOB SATIN, 425 Fourth St., pointed out that the community has chosen to build a hospital located on property known for torrential floods, and that the entire city is built on a Delta made up of materials carried out of Lowell Canyon. He voiced his belief that we have not seen the 500 year flood, nor possibly, the 100 year flood. He felt that the hospital is in an area likely to be flooded within the next 40 years. He stated that the tunnel could be plugged by only two spruce trees with root balls intact and a few rocks. He questioned if there was adequate flood insurance, and he asked if the flood damage assessment already undertaken for Japanese Creek and the Resurrection River could be extended to Lowell Canyon. He further questioned whether or not the hospital could operate with a firm evacuation plan in place to protect not only patients and staff, but also important records that cannot be replaced. JIM MCCRACKEN, 204 Resurrection, regarding Resolution 97 -058, stated that RV operators pay 50 cents per space per night for all spaces but he did not see the revenue in the budget. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS CLARK, stated an application has been made for a review of Lowell Canyon. He clarified to McCracken that dumping was free to the public, not operators of RV parks. He asked if the budget included revenues for dumping. Gifford said the revenues were included in the water sewer fund. BLATCHFORD asked for clarification on the memo in the packet from Dave Calvert addressing noise abatement stating it will be run though the City Attorney's office. Calvert confirmed the memo and Gifford explained that he had discussed the issue during the City Manager's report. ADJOURNMENT The meeting was adjourned at 10:35 p.m. S. Murphy, M Auis A. Bencardino City Clerk Mayor City of Seward, Alaska City Council Minutes May 12 1997 Volume 33, Page 65 (City Saa1) ```' ; t. �4 A� a yv b , City of Seward, Alaska City Council Special Meeting Minutes May 2 7 1997 Volume 33, Page 65 CALL TO ORDER The May 27, 1997 special meeting of the Seward City Council was called to order at 7:15 p.m. by Vice Mayor Margaret Anderson. OPENING CEREMONY The pledge of allegiance to the flag was waived. ROLL CALL There were present: Margaret Anderson, presiding, and Edgar Blatchford Dave W. Crane Marianna Keil Jerry King Absent were: Louis A. Bencardino - excused Stirrat (Stu) Clark - unexcused 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 Special Meeting Minutes May 27, 1997 Volume 33, Page 66 CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None. APPROVAL OF SPECIAL MEETING AGENDA MOTION (Crane/Blatchford) Approve the Special Meeting Agenda. Motion Passed. Unanimous NEW BUSINESS Executive Session to discuss the Tyler Jones litigation. MOTION (Blatchford/Keil) Hold Executive Session to discuss the Tyler Jones litigation. Motion Passed. ADJOURNMENT The meeting was adjourned at 7:17 p.m. e F• t^ V 1 V• t Y , Unanimous City of Seward, Alaska City Council Minutes May 27, 1997 Volume 33, Page 67 CALL TO ORDER The May 27, 1997 regular meeting of the Seward City Council was called to order at 7:35 p.m. by Vice Mayor Margaret Anderson. PLEDGE OF ALLEGIANCE Councilmember Clark led the pledge of allegiance to the flag. ROLL CALL There were present: Margaret Anderson, presiding, and Edgar Blatchford Stu Clark Dave W. Crane Marianna Keil Jerry King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Rick Gifford, Finance Director Linda S. Murphy, City Clerk Patricia Jones, Deputy City Clerk ABSENT was: Louis A. Bencardino - excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Borough Assembly Report. Assemblymember Mike Wiley was not present, and a written report was distributed to the Council and made available to the public. City Manager's Report. Garzini recommended appointment of Rick Gifford as alternate SAAMS Boardmember to replace Linda Murphy. He reported that an underground fuel tank had been unearthed at the construction site of the hospital. He noted that SAAMS had taken responsibility for removing the basketball court at Hoben Park and had also donated the fencing surrounding the SeaLife Center construction site. He recommended adding Resolution No. 97- 081, supporting the establishment of a restoration reserve trust by the Exxon Valdez Oil Spill Trustee Council. He stated that the resolution had been distributed to Council and made available to the public. He briefly reported on the status of the skateboard ordinance. City of Seward, Alaska City Council Minutes May 27, 1997 Volume 33, Page 68 Police Chief Walker reported on the incident by Seward youth regarding alleged verbal and physical threats to youth from Anchorage that occurred at the Waterfront park pavilion and skateboard park. King thanked Walker for reporting to the council and the public. Other Reports, Announcements and Presentations. Historic Preservation Applicants. JEANNE GALVANO, 420 Second Avenue, noted that she had served on the Historic Preservation Commission for the past three years and would like to continue to serve the community in that capacity. She gave an overview of her qualifications. She stated that Seward held many "treasures" and she wished to continue to be a part of preservation efforts. BILL HEARN, 416 Fourth Avenue, noted that the natural setting of Seward and its 94 years of history should be considered as the town was experiencing growth. He stated that it was important to preserve the history of the town while promoting growth. TIM SCZAWINSKI, Mile 1.5 Nash Road, stated that he had worked on several historic preservation projects in the community. He was pleased that 13 citizens had applied to serve on the commission. He urged the public to attend commission meetings and become involved in historic preservation of the community. LEE GEORGE, Nash Road, stated that he wanted to become more involved in the community and was willing to become a member of the commission. His goal was to enhance, promote and depict the marine history of Seward. BOB SATIN, 425 Fourth, stated that he had reviewed the historic preservation plan and commended the authors for their work. He noted his willingness to become a "doer" and implement projects on historic preservation. ARLENE WILEY, 550 Railway, noted her interest in historic preservation and restoration of facilities in the community. She stated that she had worked in social and cultural areas. Brad Snowden - FY 1998 Budget Option. Snowden cited revenue projections including ten percent in management fees from the enterprise funds to the general fund for city operations. He suggested a plan that would include no new taxes, a 4.5 percent sales tax October to April and a 5.5 percent sales tax during May to September. He urged the City to maximize revenue by leasing more city -owned property and disposing of property such as residential surplus properties in a timely manner. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. None. APPROVAL OF AGENDA AND CONSENT AGENDA City of Seward, Alaska City Council Minutes May 27, 1997 Volume 33, Page 69 Clark moved Historic Preservation Commission appointments to follow approval of the agenda, and added Resolution No. 97 -081 to the consent agenda. Anderson moved Ordinance No. 97-15, No. 97-16, Resolution No. 97 -074 and No. 97 -079 to the regular meeting agenda. She added New Business Item 4. , appointment of Rick Gifford as alternate to the SAAMS Board. MOTION (Clark /Crane) Approve the Agenda and Consent Agenda as amended. Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Ordinance No. 97 -17, amending the zoning of Lot 3, Block 2, Oceanview Subdivision, from R1 (Single Family) to AC (Auto Commercial), was introduced and public hearing was set for June 9; Resolution No. 97 -075, authorizing the extension of a special services contract between the City of Seward and the Chugach National Forest to provide dispatch services through 09/30/97, was approved; Resolution No. 97 -076, approving payment for the repair of the T -Dock damaged by the F/V Yukon Queen to be reimbursed to the City by the insurance company, was approved; Resolution No. 97 -078, supporting the development of the North Pacific Volcano Learning Center on the Kenai Peninsula, was approved; Resolution No. 97 -081, supporting the establishment of a restoration reserve trust by the Exxon Valdez Oil Spill Trustee Council, was approved and read in its entirety; The May 12, 1997 regular meeting minutes were approved as written; and The liquor license renewal application filed by Chinook's Restaurant was approved. Appointment of Historic Preservation Commissioners. Murphy distributed ballots and informed the Council that the applicants must receive four votes in order to be appointed. The Council voted and Murphy collected the ballots. She read the following results: Bob Satin, 6; Bill Hearn, 5; Jeanne Galvano, 4; Lee George, 4; Arlene Wiley, 2; Doug Capra, 1; Shannon Skibeness, 1; and Timothy Sczawinski, 1. MOTION (Clark /Keil) Confirm the appointments of Bob Satin, Bill Hearn and Jeanne Galvano to terms City of Seward, Alaska City Council Minutes May 27. 1997 Volume 33, Page 70 expiring 05100 and Lee George to a term expiring 05/99. Motion Passed. Unanimous RECESS: The meeting recessed at 8:40 p.m. and reconvened at 8:48 p.m. PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution No. 97 -065, adopting the City General Fund Operating Budget for the fiscal year beginning July 1, 1997 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. MARILYN REYNOLDS, 525 Sixth Avenue, discussed the mill rate, sales tax and hotel tax and the effects on changing the tax rates. She noted that currently 80 % of the real property owners were exempt from paying real property tax. She objected to the remaining property owners picking up the taxes on real property. She preferred instituting a seasonal sales tax. It made sense for the visitors to help fund the services provided by the City. BRAD SNOWDEN, continued his presentation from earlier in the meeting. He stated that the City could save money by changing the City's insurance carrier. He also recommended limiting the dollar amount of budget line items transferred by department heads and city manager. He suggested that the City create a savings account from the unused funds at the end of the budget year. BEVERLY DUNHAM, Dimond and Alder, presented the hotel directory used by travel agencies. She stated that the book did not reference any taxes charged by hotels and she believed that nobody was deterred from choosing a hotel based on the bed tax rate. She recommended retention of the bed tax already being paid by the visitor. She favored the tourist industry and encouraged charging the visitor for services used. No one else requested to be heard, and the public hearing was closed. MOTION (Clark /Crane) MOTION (Anderson/Crane) Approve Resolution No. 97 -065. Amend Section 3 to increase 3.12 mills to 4 mills; and delete $13,000 for the ceme- tery, $57,327 for the COLP and $10,000 from Chamber marketing from Budget Option A e E� �e �� -) s k-eNe QuLP. City of Seward, Alaska City Council Minutes May 27, 1997 Volume 33, Page 71 1 t Garzini recommended implementation of the seasonal sales tax to meet the community goals for the future. He stated that the mill rate increase was an inefficient way to meet the future needs of the community. MOTION (Clark /King) Amend by implementing a one percent seasonal sales tax increase from 04/01 to 09/30 with a sunset clause of 09/30/2000 and decrease the hotel /room tax to three percent during that period. Crane supported the primary but not the secondary amendment. He stated that the local residents would be financially burdened with a seasonal sales tax increase. He supported a year round sales tax rather than a seasonal tax. He supported a mill rate increase which had not been changed in over 15 years. Keil supported the primary amendment and noted that a seasonal sales tax was more palatable to the public. MOTION (King /Anderson) Postpone until June 9, 1997. Motion Passed. YES: Anderson, Blatchford, Clark, King NO: Crane, Keil 4 YES 2 NO NOTE: Clark was excused from the meeting at 9:30 p.m. Resolution No. 97 -066, adopting the Harbor Enterprise Fund Budget for the fiscal year beginning July 1, 1997 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. budget. BRAD SNOWDEN, stated that the $50,000 proposal he made was included in the harbor No one else requested to be heard, and the public hearing was closed. MOTION (Crane / Blatchford) MOTION (Crane /King) Motion Passed. Approve Resolution No. 97 -066. Postpone until June 9, 1997. Unanimous City of Seward, Alaska City Council Minutes May 27, 1997 Volume 33, Page 72 Resolution No. 97 -067, adopting the Electric Enterprise Fund Budget for the fiscal year beginning July 1, 1997 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BRAD SNOWDEN, asked the Council to return the rebates received from Chugach Electric Association to the utility customers. No one else requested to be heard, and the public hearing was closed. MOTION (King /Blatchford) MOTION (Crane /Blatchford) Motion Passed. Approve Resolution No. 97 -067. Postpone until June 9, 1997. Unanimous Resolution No. 97 -068, adopting the Water and Sewer Enterprise Fund Budget for the fiscal year beginning July 1, 1997 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 (Crane /Blatchford) Motion Passed. Approve Resolution No. 97 -068. Postpone until June 9, 1997. YES: Anderson, Blatchford, Crane, King NO: Keil 4 YES 1 NO ResoludonNo. 97 -069, adopting the Motor Pool Internal Service Fund Budget for the fiscal year beginning July 1, 1997 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 (Crane /King) Motion Passed. Approve Resolution No. 97 -069. Postpone until June 9, 1997 YES: Anderson, Blatchford, Crane, King NO: Keil 4 YES 1 NO t City of Seward, Alaska Mav 27, 1997 City Council Minutes Volume 33, Page 73 Resolution No. 97 -070, adopting the Capital Budget Plan for the three fiscal years beginning July 1, 1997 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BRAD SNOWDEN, noted that the Council recommended including water and electric line improvements in the harbor area. No one else requested to be heard, and the public hearing was closed. 1 MOTION (Blatchford /Crane) Approve Resolution No. 97 -070. Anderson stated that no revenue streams were identified for projects included in the plan. She stated that it was important to be looking for other sources of revenue funds to fund capital improvements. She objected to several capital improvements without identification of property sites to build on. MOTION (Crane /Blatchford) Postpone until June 9, 1997. Garzini stated that there was currently no validity to capital improvement planning since no funds were available. He noted that no capital improvements had been done during his tenure with the city. He agreed with the necessity of a revenue stream but it was also important to identify needed capital improvements. Keil viewed the plan as a wish list of items needed by the city although there was no money to make improvements. VOTE ON POSTPONEMENT Motion Failed. YES: Anderson, Blatchford, Crane NO: Keil, King 3 YES, 2 NO. VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed. YES: Blatchford, Crane, Keil, King NO: Anderson 4 YES, 1 NO Resolution No. 97 -071, adopting the DARE Special Revenue Fund Budget for the fiscal year beginning July 1, 1997. City of Seward, Alaska City Council Minutes May 27, 1997 Volume 33, Page 74 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/Crane) Motion Passed. Approve Resolution No. 97 -071. Unanimous Resolution No. 97 -072, adopting the Parking Revenue Enterprise Fund Budget for the fiscal year beginning July 1, 1997 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BRAD SNOWDEN, supported giving the harbor businesses the right to an opinion on the process used to manage the parking in the harbor. No one else requested to be heard, and the public hearing was closed. MOTION (Crane /Blatchford) Motion Passed. Approve Resolution No. 97 -072. Unanimous Resolution No. 97 -073, adopting the Hospital Debt Service Fund Budget for the fiscal year beginning July 1, 1997 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BRAD SNOWDEN, recommended that the city manager work on creating a hospital service area to increase revenues. No one else requested to be heard, and the public hearing was closed. MOTION (Keil/Crane) Motion Passed. Approve Resolution No. 97 -073. Unanimous UNFINISHED BUSINESS Items Postponed from Previous Agenda. Resolution No. 97 -060, providing for the recruitment of candidates for the city clerk position City of Seward, Alaska City Council Minutes May 27, 1997 Volume 33, Page 75 Murphy noted that a motion to approve was on the floor. MOTION (Crane /Anderson) Amend by including a salary range and amending the closing date to June 20, 1997. Motion Passed. Unanimous VOTE ON RESOLUTION AS AMENDED Motion Passed. Unanimous NEW BUSINESS The Council had no objection to taking action on the ordinances for introduction after resolutions. Resolutions. Resolution No. 97 -074, consenting to the Kenai Peninsula Borough Planning Commission approval of the petition to vacate a portion of the alley within Block 8, OTS, as requested by the current property owners, on behalf of Kueuit Enterprises, Inc. King declared a conflict of interest since he had business proposals pending on the project. Anderson ruled that King had a conflict and would abstain from discussion and voting. In answer to a question from Anderson, Community Development Director Martin explained the procedure for vacating the property. MOTION (Crane /Keil) Approve Resolution No. 97 -074. Motion Passed. YES: Anderson, Blatchford, Crane, Keil ABSTAIN: King 4 YES, 1 ABSTAIN. ResolutionNo. 97 -077, notifying the Seward Association for the Advancement of Marine Science that the City of Seward will not seek reimbursement of the $50,000 that was appropriated as a contribution in 1991 Crane declared a potential conflict as a member and treasurer of SAAMS. Anderson ruled that Crane did not have a conflict of interest since he did not receive any financial gain because of his position on the board. City of Seward, Alaska City Council Minutes May 27, 1997 Volume 33, Page 76 MOTION (Crane /Blatchford) Approve Resolution No. 97 -077. Anderson desired to retain the funds for Hoben Park improvements. Garzini stated that SAAMS had made significant donations to the community since the beginning of the project, and he recommended approval of the resolution. MOTION (Keil /Anderson) Motion Failed. Postpone until June 9, 1997. YES: Anderson, Blatchford, Keil NO: Crane, King 3 YES, 2 NO Crane stated that the funds were used for promotional brochures to market the community, and since the project was successful the funds should be considered forgiven. VOTE ON APPROVAL OF RESOLUTION Motion Failed. YES: Blatchford, King NO: Anderson, Crane, Keil 2 YES, 3 NO MOTION (Crane /King) Reconsider and enter on the minutes. Resolution No. 97 -079, amending the legal budget and appropriating funds for legal expenditures related to the Seward Forest Products legal subject matter MOTION (Crane /Blatchford) Approve Resolution No. 97 -079. Anderson asked for an explanation of the increase. Garzini replied that the Seward Forest Products (SFP) /Afognak Logging issue was a complex legal transaction. Gifford noted that the $5,000 originally budgeted was only for the SFP lease. Crane preferred the current process of amending the legal budget as needed. This method ensured justification of funds spent. VOTE ON APPROVAL OF RESOLUTION Motion Passed. YES: Blatchford, Crane, Keil, King NO: Anderson 4 YES, 1 NO Resolution No. 97 -080, appointing Patricia Jones Acting City Clerk MOTION (Crane /Keil) Approve Resolution No. 97 -080. Motion Passed. Unanimous City of Seward, Alaska City Council Minutes May 27, 1997 Volume 33, Page 77 TAKEN OUT OF ORDER: ORDINANCES FOR INTRODUCTION Ordinance No. 97 -I5, amending SCC Title 15 regarding Conditional Use Permits MOTION (Crane /Kell) Introduce Ordinance No. 97 -15 and set for public hearing on June 9, 1997. Motion Passed. Unanimous Ordinance No. 97 -16, amending the Land Use Plan and Zoning of Lots 12 -16, Block 8, OTS, to CBD and amending the Zoning of Lots 26 -28, Block 8, OTS, to CBD MOTION (Blatchford /Keil) Introduce Ort finance No. 97 -16 and set for public hearing on June 9, 1997. King declared a conflict of interest since he had business proposals pending on the project. Anderson ruled that King had a conflict and would abstain from discussion and voting. Motion Passed. YES: Anderson, Blatchford, Crane, Keil ABSTAIN: King 4 YES, 1 ABSTAIN Appointment of Finance Director Rick Gifford as alternate on the SAAMS Board. MOTION (Crane /Anderson) Postpone for a mayoral appointment with Council ratification. Motion Passed. No objection. INFORMATIONAL ITEMS AND REPORTS COUNCIL COMMENTS Anderson noted that she would take Citizen's Comments at this time due to the late hour. CITIZENS' COMMENTS BRAD SNOWDEN, commended Chief Walker for his report earlier in the meeting. He finalized his report on Budget Option C. City of Seward, Alaska City Council Minutes Mav 27, 1997 Volume 33. Page 78 WILLARD DUNHAM, Dimond and Alder, was disappointed with the discussion of Resolution No. 97 -077. He stated that SAAMS had provided $563,000 to the City and community in several ways, and the public had pledged over $1 million thus far. He explained that the City had not expected repayment of the funds because the city had partnered with SHAMS for the project. ARLENE WILEY, 550 Railway, thanked the Council for the support Patsy Jones had provided during the clerk's absences through the years. She noted that the SeaLife Center brochure was proudly displayed at her place of business and she used it often for fund raising for the facility. She added that SAAMS was a good neighbor, and the time line for construction of the project was on track. BEVERLY DUNHAM, Dimond and Alder, noted that she and Willard Dunham had spent $23,000 of their own money to lobby for the center and to view other aquariums throughout the country. She also stated that SAAMS had paid in excess of $100,000 to the City for its building permit. ARNE HATCH, representative of Quteckak, discussed its involvement in the state shellfish hatchery project. He thanked the City for its support and for awarding the exclusive right to negotiate a lease with Quteckak. COUNCIL & ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 11:00 p.m. Linda S. M*phy, CMt /AAE Louis K. Bencardino City C1e % Mayor H Al City of Seward, Alaska City Council Minutes June 9, 1997 Volume 33, Page 79 CALL TO ORDER The June 9, 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. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane Marianna Keil Jerry F. King comprising a quorum of the Council; and Rick Gifford, Acting City Manager Eric Wohlforth, City Attorney Patricia Jones, Acting City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Bencardino presented a gold pan to former Planning and Zoning Commissioner Blaine Bardarson for his years of service on the Planning Commission. Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley was not present. King stated that Wiley could not attend due to "ffie problems and he noted that the Borough had approved $30,000 for the Comprehensive Plan update. V "' °6 "`O W % C J L f.. 1 4 . City Manager's Report. Gifford noted that City Manager Garzini was on an ICMA City Manager exchange in England for two weeks. He noted that the city manager from England would spend two weeks in Seward in August. Gifford updated the council on the development of the basketball court across from the military recreation camps, the noise abatement ordinance which was in the draft stage, the basketball court under construction at the youth center, the dumpster situation at the airport and the hospital construction. City Attorney's Report. Wohlforth reported on the most recent action taken by the attorneys on behalf of the city. City of Seward, Alaska City Council Minutes June 9, 1997 Volume 33, Page 80 Other Reports, Announcements and Presentations. Mark Fineman, Locher Interests Ltd., gave an update on the hospital construction using visual aids. He noted that the contaminated soil from the underground storage tank would be removed and disposed of during the next week. Ben Faust, Facilities Support Coordinator, informed the Council that he was available if there were any questions, concerns or problems with the project. Alaska SeaLife Center Status Report. Roe Sturgulewski gave a brief update on the status of the construction. He noted that the project was 70 percent complete and the public was welcome to take hard hat tours through the facility. AVTEC Director Fred Esposito. Fred Esposito, new AVTEC Director, gave an overview of his plans for the ongoing technical education provided on a statewide basis by AVTEC. Senator John Torgerson. Torgerson updated the Council on the action taken by the Legislature at the last session, including Senate Bill 29 regarding revenue sharing. He stated that he continued to work diligently, with the help of Mayor Bencardino, on the prison expansion. He noted that a bill to operate expanded prison facilities in either Anchorage, Seward or the Mat -Su Borough was planned for the next legislative session. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. MARILYN REYNOLDS, 225 Sixth Avenue, spoke in opposition to an increase in the mil rate on property tax and in support of the seasonal sales tax. BRAD SNOWDEN, 525 Sixth Avenue, asked for clarification on signing up under Citizen's Comments or under Public Hearings. Jones explained the process for public speaking to the Council and explained the differences between the agenda items. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane /Anderson) Approve the Agenda and Consent Agenda. Anderson removed Resolutions 97 -085, 97 -086 and 97 -087 from the consent agenda. Keil removed Resolution No. 97 -088 from the consent agenda. Anderson noted an amendment to the minutes by adding "deletion of 2.5 percent J Step COLP payment" to her motion to amend Resolution No. 97 -065. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous City of Seward, Alaska City Council Minutes June 9, 1997 Volume 33, Page 81 77 The Clerk read the following approved consent agenda items: Resolution No. 97 -082, authorizing bank signatures for all city bank accounts and rescinding all previous resolutions in conflict herewith, was approved; Resolution No. 97 -083, accepting the ALPAR grant and appropriating funds, was approved; and The 05/27/97 special meeting minutes were approved as written and the regular meeting minutes were approved as amended. PUBLIC HEARINGS Ordinance No. 97 -15, amending SCC Title 15 regarding Conditional Use Permits 1 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BRAD SNOWDEN, 525 Sixth Avenue, was concerned how this ordinance would affect his conditional use permit for construction of his hotel in the harbor area. No one else requested to be heard, and the public hearing was closed. MOTION (King /Crane) Enact Ordinance No. 97 -I5. In answer to questions from the Council, Community Development Director Martin explained that the added language in the City Code addressed how long a conditional use permit (CUP) was valid if the use ceased to exist for any length of time. He further stated that the language clarified when a permittee needed to request amendments to an approved CUP. He added that a use that did not require a CUP when it was initiated, but would now require a CUP under the current zoning code, would be considered a legal conforming use as long as there was not a lapse in such use for one year or more. He clarified that an extension was valid for six months each and could be approved by the Planning Commission every six months as long as the conditions outlined in the permit had not substantially changed. VOTE ON MOTION Motion Passed. Unanimous Ordinance No. 97 -16, Substitute, amending the Land Use Plan and Zoning of Lots 12 -16, Block 8, OTS, to CBD and amending the zoning of Lots 26 -28, Block 8 OTS, to CBD City of Seward, Alaska City Council Minutes June 9, 1997 Volume 33, Page 82 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BRAD SNOWDEN, 525 Sixth Avenue, stated that the land uses and zoning kept changing, and there was little consistency in overall community planning. No one else requested to be heard, and the public hearing was closed. MOTION (Anderson /Crane) Enact Ordinance No. 97 -16 Substitute. King reminded the Council that he had declared a conflict of interest at the May 27 meeting. Clark was concerned that the hotel project planned for the property was a major addition to the downtown area. He preferred to review the comprehensive plan and seek input from the public on the project. He was also concerned with the historic sections in town and the preservation of buildings in the area. Anderson stated that she could not support the project without knowing the impact it would have on the community. Martin explained the sequence of events since receipt of the request for a rezone of essentially the south half of the block between 5th and 6th Avenue and north of Railway by four separate property owners. He explained that the property owners would each need to sign the plat before the replat of the individual properties into one parcel took effect. He noted that he had received some public comments from citizens concerned about the parking requirements and the change to the character of the downtown area. In answer to a question from Keil, City Attorney Wohlforth explained that the amendments included in the substitute ordinance included a reverter clause to specify that the property would revert to the existing zoning if the sale was not concluded within a time certain, specifically 12 months. The substitute language also removed the specific reference to the purchaser, Kueuit Enterprises, in conformance with current law decisions. VOTE ON MOTION Motion Passed. YES: Bencardino, Blatchford, Crane, Keil NO: Anderson, Clark ABSTAIN: King 4 YES, 2 NO, 1 ABSTAIN Ordinance No. 97 -17, amending the zoning of Lot 3, Block 2, Oceanview Subdivision, From Rl (Single Family) to AC (Auto Commercial) City of Seward, Alaska City Council Minutes June 9, 1997 Volume 33, Page 83 t Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BRAD SNOWDEN, 525 Sixth Avenue, suggested referring the ordinance back to the Planning Commission for review of the entire block rather than zoning specific areas. No one else requested to be heard, and the public hearing was closed. MOTION (Anderson/Keil) Enact Ordinance No. 97 -17. Motion Passed. Unanimous RECESS: The meeting recessed at 9:02 p.m. and reconvened at 9:10 p.m. Resolution No. 97 -065, adopting the City General Fund Operating Budget for the fiscal year beginning July 1, 1997 t Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BRAD SNOWDEN, 525 Sixth Avenue, recommended a self - insured program in order to reduce insurance expenditures, advertising for proposals for the disposition of city property and creation of a service area for health care services. No one else requested to be heard, and the public hearing was closed. UNFINISHED BUSINESS Resolution No. 97 -065, adopting the City General Fund Operating Budget for the fiscal year beginning July 1, 1997 t Jones noted that Clark's secondary amendment, implementing a one percent seasonal sales tax increase from 04/01 to 09/30 with a sunset clause of 09/30/2000 and decreasing the hotel /room tax to three percent during that period, was on the floor. Councilmember King declared a potential conflict of interest regarding the hotel /room tax decrease included in the amendments before the Council since he was an innkeeper who collected the tax. In answer to a question from Bencardino, Wohlforth explained that King did not have a conflict since he was only collecting a pass - through tax. Anderson stated that Mayor Bencardino and Councilmember King had a conflict of interest because they were directly involved in the lodging business. She discussed King's statements made City of Seward, Alaska City Council Minutes June 9, 1997 Volume 33, Page 84 prior to the 1996 regular election regarding the hotel /room tax. She attributed the statement made that the competition between local and out of town lodging businesses that collected a different tax rate affected the bottom line of the businesses in the lodging industry. Keil and Crane agreed with the attorney that there was no conflict of interest. Bencardino ruled that King did not have a conflict of interest. VOTE ON CLARK SECONDARY AMENDMENT Motion Passed. Unanimous Jones noted that there were now seven budget options included in Anderson's amendment. MOTION (Keil/King) Divide the question into seven separate amendments as follows: 1) Chamber Mar- keting reduction of $10,000, 2) delete Cemetery funding, 3) delete COLP for non - IBEW employees, 4) delete COLP for em- ployees at J Step, 5) decrease bed tax by one percent, 6) increase mil rate to 4 mils and 7) increase sales tax by one percent on a seasonal basis. Gifford recommended voting on revenues first and expenditures last. Motion Failed. YES: Bencardino, Keil, King NO: Anderson, Blatchford, Clark, Crane 3 YES, 4 NO MOTION (Anderson/Crane) Motion Passed. Divide the question into seven separate amendments as follows: 1) implement a seasonal sales tax increase of one percent, 2) decrease hotel/room tax by one percent in conjunction with the seasonal sales tax, 3) increase the mil rate to four percent, 4) delete cemetery funding, 5) delete the 2.5 percent COLP for all non -IBEW employ- ees, 6) delete J Step COLP and 7) delete $10,000 from Chamber marketing. YES: Bencardino, Blatchford, Clark, Keil, King City of Seward, Alaska City Council Minutes June 9, 1997 Volume 33, Page 85 t t Ir J I� NO: Anderson, Crane 5 YES, 2 NO Jones noted that there were seven separate amendments to be considered in the order in which they were approved. MOTION (Clark/Keil) Amend by implementing a seasonal sales tax increase of one percent from 04/30 to 09/30 effective 04/30/98 to sunset on 09/30/2000. Keil and Bencardino voiced concern about needing to fund infrastructure improvements and equipment purchase in the capital budget. Blatchford favored the seasonal tax which would be paid by visitors and local citizens. The extra tax paid by the visitors would help pay for city services and improvements. VOTE ON AMENDMENT Motion Passed. YES: Bencardino, Blatchford, Clark, Keil, King NO: Anderson, Crane 5 YES, 2 NO MOTION (Clark/Keil) Amend by decreasing the hotel/room tax by one percent during the period 04/01 to 09/30 effective 04/01/98 to sunset on 09/30/2000. Crane was opposed to overturning the decision of the voters to initiate the hotel tax. He stated that the public favored the hotel /room tax. King reminded the Council that the initiative to impose the tax could be amended by the Council after a two -year period. MOTION (King/Keil) Motion Passed. VOTE ON AMENDMENT Move the previous question. YES: Bencardino, Clark, Keil, King NO: Anderson, Blatchford, Crane 4 YES, 3 NO City of Seward, Alaska City Council Minutes June 9, 1997 Volume 33, Page 86 Motion Passed. YES: Bencardino, Clark, Keil, King NO: Anderson, Blatchford, Crane 4 YES, 3 NO MOTION (Clark/Anderson) Amend by increasing the mil rate from 3.12 percent to four percent. Motion Failed. YES: Anderson, Clark NO: Bencardino, Blatchford, Crane, Keil, King 2 YES, 5 NO MOTION (Clark/Crane) Delete $13,000 funding for the cemetery. Motion Failed. YES: Clark, Crane NO: Anderson, Bencardino, Blatchford, Keil, King 2 YES, 5 NO MOTION (Crane /Clark) Amend by deleting the 2.5 percent COLP for non -IBEW employees Motion Failed. YES: Clark, Crane, King NO: Anderson, Blatchford, Bencardino, Keil 3 YES, 4 NO Gifford clarified that the amendment approved a one -time cost of living payment for all non- IBEW employees including those at the J Step. MOTION (Clark/Anderson) Amend by deleting the 2.5 percent COLP for employees at J Step Motion Passed. MOTION (Anderson /Crane) Motion Failed. Unanimous Amend by reducing the Chamber Market- ing budget option by $10,000. YES: Anderson NO: Bencardino, Blatchford, Clark, Crane, Keil, King 1 YES, 6 NO VOTE ON RESOLUTION NO. 97 -065 AS AMENDED t t City of Seward, Alaska June 9, 1997 City Council Minutes Volume 33, Page 87 Motion Passed. YES: Bencardino, Blatchford, Clark, Crane, Keil, King NO: Anderson Resolution No. 97 -066, adopting the Harbor Enterprise Fund Budget for the fiscal year beginning July 1, 1997 Jones noted that this item had been postponed from May 27 and there was a motion on the floor for approval. VOTE ON MOTION Motion Passed. YES: Bencardino, Blatchford, Clark, Crane, Keil, King NO: Anderson Resolution No. 97 -067, adopting the Electric Enterprise Fund Budget for the fiscal year beginning July 1, 1997 Jones noted that this item had been postponed from May 27 and there was a motion on the floor for approval. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 97 -068, adopting the Water and Sewer Enterprise Fund Budget for the fiscal year beginning July 1, 1997 Jones noted that this item had been postponed from May 27 and there was a motion on the floor for approval. VOTE ON MOTION Motion Passed. Unanimous ResolutionNo. 97 -069, adopting the Motor Pool Internal Service Fund Budget for the fiscal year beginning July 1, 1997 Jones noted that this item had been postponed from May 27 and there was a motion on the floor for approval. City of Seward, Alaska City Council Minutes June 9, 1997 Volume 33, Page 88 VOTE ON MOTION Motion Passed. Unanimous Resolution No. 97 -077, notifying the Seward Association for the Advancement of Marine Science that the City of Seward will not seek reimbursement of the $50,000 that was appropriated as a contribution in 1991 Jones noted that Councilmember Crane had made a motion to reconsider and enter on the minutes, seconded by King, at the last meeting. She stated that the motion would require a 2/3 vote of the Council to approve the reconsideration. VOTE ON MOTION Motion Passed. Unanimous VOTE ON MOTION TO APPROVE THE RESOLUTION Motion Passed. Unanimous NEW BUSINESS Ordinance No. 97 -18, amending SCC Chapter 5.35, Sales Tax, increasing the sales tax to three and one -half percent Councilmember Anderson, the sponsor, withdrew the ordinance. No action was taken. Resolution No. 97 -084, approving a one year extension to the use agreement between the City of Seward and the State of Alaska for the AVTEC Student Service Center MOTION (Crane /Anderson) MOTION (Clark/Crane) Motion Passed. Approve Resolution No. 97 -084. Postpone until June 23, 1997. Unanimous Resolution No. 97 -085, appropriating funds for the construction of an outdoor '/Z basketball court at the Teen and Youth Center MOTION (Crane/King) Motion Passed. Approve Resolution No. 97 -085. Unanimous Resolution No. 97 -086, approving Amendment No. 8 to the contract with Kent Dawson Company for lobbying services through June 30, 1998 City of Seward, Alaska City Council Minutes June 9, 1997 Volume 33, Page 89 1 MOTION (Keil/Crane) Approve Resolution No. 97 -086. Anderson requested more reports from the lobbyist on city activities. VOTE ON MOTION Motion Passed. Resolution No. 97 -087, approving payment to Newbery Alaska, Inc. for assisting the City in rerouting and removing primary conductors along Railway Avenue MOTION (KeilBencardino) Motion Passed. Resolution No. 97 -088, providing for the submission to the qualified voters of the City of Seward the question of the repeal of Resolution No. 97 -032 of the City of Seward at a special election in and for the City of Seward on July 15, 1997 t MOTION (Clark/Crane) Motion Passed. Unanimous Approve Resolution No. 97 -087. Unanimous Approve Resolution No. 97 -088. Unanimous Approval of liquor license renewal requested by Apollo Restaurant. MOTION (Anderson /Clark) Approve renewal of liquor license for Apollo Restaurant. Motion Passed. Unanimous Due to the late hour, Mayor Bencardino called for Citizens Comments. F� CITIZENS' COMMENTS BRAD SNOWDEN, 525 Sixth Avenue, thanked the City Council and Administration for the experience in participating in the budget process. RON LONG, Port and Commerce Board Chairman, informed the Council and public that the meeting scheduled for June 11 had been canceled. COUNCIL COMMENTS The Council scheduled a joint meeting with the Planning and Zoning Commission to be held at 7:00 p.m. on August 18, 1997. City of Seward, Alaska City Council Minutes June 9, 1997 Volume 33, Page 90 KING reported on recent action taken at the last Planning and Zoning Commission meeting noting that the sign code was being reviewed and rewritten. BLATCHFORDstated that he had received comments that the "snagging of fish" that took place on the waterfront gave the city a poor image. He also noted that the taxicabs needed to pick up passengers on the railroad dock, not wait in the street. He suggested working with the Alaska Railroad to achieve that end. KEIL thanked Blaine Bardarson for his service on the Planning and Zoning Commission. CRANE thanked Mr. Snowden, the Administration and the public for participating in the lengthy budget process. BENCARDINO noted that June 14 was flag day and there would be a barbecue picnic at the American Legion on June 20 for the public in honor of the crew visiting from the Navy Ship U.S.S. California. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 11:00 p.m. Patricia Jones ouis . Bencardino Acting City Clerk Mayor � f r �j e City of Seward, Alaska City Council Minutes June 23, 1997 Volume 33, Page 91 CALL TO ORDER The June 23, 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. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane Marianna Keil Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Patricia Jones, Acting City Clerk Rick Gifford, Finance Director SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Bencardino presented a proclamation to Parks and Recreation Director Karin Sturdy proclaiming the month of July as Recreation and Parks Month. Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley reported on the most recent assembly meeting held June 17 and 18. He noted that the personal property tax exemption on boats and airplanes valued at over $100,000 had been approved. City Manager's Report. Garzini reported on his recent ICMA sponsored city manager exchange trip to the United Kingdom. He noted that he had learned more about the steps towards privatization of services, and he would have a narrative and photographs of the trip available at the next meeting. He stated that the city manager from Winchester would complete the exchange with his visit beginning September 1, 1997. He stated that a report would be given on the Mile 0 -3 Seward Highway construction at the next meeting. Tylan Schrock, Assistant to the City Manager, updated the Council on six projects: the Citizen's Ballfield which was targeted for use in the spring of 1998; Hoben Park development in conjunction with the Alaska SeaLife Center and the Quteckak Cultural Center; construction progress of the basketball court at the Youth Center; the status of the noise ordinance which was being City of Seward, Alaska City Council Minutes June 23, 1997 Volume 33, Page 92 reviewed by the city attorney; Fourth Avenue Construction and the status of lease negotiations with Quteckak for the Railroad Depot. The Council asked the administration to check on several public issues including provision of trash containers at the Lowell Canyon Waterfall area, signage to indicate "no thru street" at 1 st Avenue and Lowell Canyon Road, signage to keep dogs out of the Waterfront Park playground area, and striping of a pedestrian crosswalk across Third Avenue in the harbor area. City Attorney's Report. None. Other Reports, Announcements and Presentations. None CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. SANDY WASSILIE, 105 Lowell Canyon Road, Student Services Coordinator for AVTEC, spoke in support of Resolution No. 97 -084. She reminded the Council to keep in mind that the AVTEC Student Services Facility was principally for AVTEC students. MIKE WILEY, 550 Railway, requested a minor correction to the minutes under Borough Assembly Report. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/Keil) Approve the Agenda and Consent Agenda. Anderson moved Ordinance No. 97 -19, Resolutions No. 97 -089, No. 97 -093, No. 97 -094, No. 97 -096 and No. 97 -097 to the regular meeting agenda. Clark added New Business Item B., City Manager Ronald A. Garzini resignation, 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. 97 -20, amending Seward City Code Title 3 to include the City's policy on sexual harassment, was introduced and set for public hearing July 14, 1997; Resolution No. 97 -090, approving a contract with Metco, Inc., to install drainage improvements to the east harbor damaged during the 1995 flood, was approved; City of Seward, Alaska City Council Minutes June 23, 1997 Volume 33, Page 93 t Resolution No. 97 -091, approving Amendment No. 2 extending the contract for professional consulting services between the City and Michael W. Meeks dba MWM Consulting through June 30, 1998, was approved; Resolution No. 97 -092, consenting to the Kenai Peninsula Borough Planning Commission approval of a petition to vacate public access easements in the Preliminary Fourth of July Creek Subdivision, was approved; Resolution No. 97 -095, approving infrastructure improvements to the boardwalk areas in the small boat harbor and appropriating funds, was approved; The June 9, 1997 regular meeting minutes were approved as amended; The Election Board for the July 15, 1997 special election was appointed as follows: Precinct Board: Teresa Campbell, Chair; Jean Jones, Barbara Shea, Sara Nell Watsjold. Counting Board: Sharon Calvert, Kris Erchinger, Kim Kowalski- Rogers, Kathy 7 t Shipe. Canvass Board: Betty Christian, Kris Erchinger, Barbara Fleming, Kathy Shipe; Edgar Blatchford was appointed by the mayor as the City's representative on the Mariculture Technical Center Steering Committee of the Alaskan Shellfish Growers Association. PUBLIC HEARINGS None. 1 11010110 6 a Di7131I.yi►MW Resolution No. 97 -084, approving a one -year extension to the use agreement between the City of Seward and the State of Alaska for the AVTEC Student Service Center Jones noted that the resolution had been postponed from the June 9 meeting and there was a motion for approval on the floor. She noted that the administration recommended approving a substitute resolution which included one additional paragraph on the first page in the attached agreement. The paragraph provided for amendments to the use agreement at any time by mutual consent of the City and AVTEC. MOTION (Anderson/Keil) Motion Passed. NEW BUSINESS Amend by approving Substitute Resolution No. 97 -084. Unanimous City of Seward, Alaska City Council Minutes June 23, 1997 Volume 33, Page 94 Ordinance No. 97 -19, amending Seward City Code Chapter 5.35, Sales Tax, increasing the sales tax to 4% during the period from April 1 to September 30 for three years effective April 1, 1998 MOTION (Clark/Keil) Introduce and set for public hearing July 14, 1997. Anderson was opposed to the seasonal sales tax because it was unfair to the business community to place the burden to changing tax rates every six months. In answer to a question from Anderson, Jones explained the difference between the referendum and initiative petition process. Keil asked how the budget would be affected if a referendum petition were filed. Garzini explained that the fund balance would be used for only essential items. He explained that Council would need to set the policy on prioritizing the budget items that were recently approved in the FY 1998 budget. 1 Z� I I �� L�]�� u C�� [�1 ► I Motion Passed. YES: Bencardino, Blatchford, Clark, Keil, King NO: Anderson, Crane 5 YES, 2 NO Resolution No. 97 -089, reclassifying the Director of Finance and Administrative Services position MOTION (Crane /Clark) MOTION (Anderson /Clark) Approve Resolution No. 97 -089. Amend by deleting the first Whereas clause which designated the Finance Director as Acting City Manager in the manager's absence. Motion Passed. VOTE ON MAIN MOTION AS AMENDED Without objection. Motion Passed. Unanimous RECESS: The meeting recessed at 8:30 p.m. and reconvened at 8:38 p.m. City of Seward, Alaska City Council Minutes June 23, 1997 Volume 33, Page 95 1 t Resolution No. 97 -093, approving a settlement agreement with Tyler Jones Jones explained that a substitute resolution was recommended which included appropriation of the funds for the settlement. MOTION (Clark/Anderson) Approve Substitute Resolution No. 97 -093. Anderson stated that the city had learned a lesson in how not to fire and hire a city manager. She cited the cost to the city as a result of the litigation which included $38,000 for the new city manager contract and approximately $50,000 for attorney fees for a total of $88,000. Motion Passed. YES: Anderson, Bencardino, Blatchford, Clark, Crane, Keil NO: King 6 YES, 1 NO Resolution No. 97 -094, establishing cemetery fees, rules and regulations MOTION (Crane /Anderson) Approve Resolution No. 97 -094. Community Development Director Martin explained that the rules and regulations applied only to the city cemetery, however the requirement to obtain a burial permit and place a marker on the grave applied to all of the cemeteries. Keil thanked the cemetery committee for its work on the project. VOTE ON MOTION Motion Passed. Resolution No. 97 -096, appropriating funds to close out the sewage lagoon project MOTION (Anderson /Clark) Unanimous Approve Resolution No. 97 -096. In answer to questions from Anderson, Gifford explained the costs associated with the proj ect. Anderson stated that the project had cost over $3 million with the city paying $370,000 directly from the Water /Sewer Enterprise Fund. In answer to a question about the history of the funding for this project, Gifford replied that the City had looked at several options to fund the disaster. He noted that the insurance paid out $57,000 and $745,000 was funded from Division of Emergency Services which went toward a matching grant for the city in order to obtain a loan for G'lty of Seward, Alaska City Council Minutes June 23, 1997 Volume 33, Page 96 $924,000. He noted that the General Fund had initially paid out $200,000 as part of the match in addition to the $745,000 from DES. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 97 -097, appropriating funds :o close out the waterfront park project MOTION (Crane /Anderson) Approve Resolution No. 97 -097. Motion Passed. Unani-no is INFORMATIONAL ITEMS AND REPORTS Update on recruitment of city clerk from Personnel O ricer YvetteWelsh. Anderson commented that 45 resumes had been receiver for the position of city clerk and the personnel officer would narrow the list to 10 semi - finalists. Resignation of City Manager Ronald A. Garzini eff etive October 3, 1997. The Council scheduled a work session for Monday, July 14, 1997 at 6:00 p.m. to set the goals and plans for the future of the community and discuss recruitment of a city manager. The Council directed the personnel officer to advertise for the position. COUNCIL COMMENTS STU CLARK stated that the U. S. Navy was very pleased with the reception by the community of Seward during its visit on the U. S. S. California. He encouraged Ms. Sharon Anderson to continue bringing the military into Seward. JERRY KING discussed the quarterly sales tax and bed tax report recently received by the Finance Department. EDGAR BLATCHFORD noted that the Navajo Nation Tribal President had visited Seward on Friday, June 20, and he was pleased with the warm welcome and reception by the Mayor and citizens of the community. MARGARET ANDERSON noted that there was an overwhelming response by the community for tours on the U. S. S. California. She thanked Sharon Anderson and the local businesses for their participation in welcoming the navy. She read a letter from the City's law firm City of Seward, Alaska City Council Minutes June 23, 1997 Volume 33, Page 97 in appreciation of former City Clerk Linda Murphy for her service to the city. She also thanked Murphy and congratulated her on her new job as Kenai Peninsula Borough Clerk. MAYOR BENCARDINO read a letter of commendation from Rear Admiral Riutta for the community's response and cooperation during the recent Northern Edge Military Exercise held in Seward. He stated that Friday had been a very busy day as he had hosted the Navajo Nation Tribal President and his delegation; met and welcomed a group of college alumni from our sister city, Seward, Nebraska, who stopped in Seward shortly before boarding the cruise ship; and attended the Navy reception on the U. S. S. California and attended a dinner with the Captain of the ship. He noted that the parking lots had been at least 75 percent full most of the summer which indicated a high volume of visitors to the community. He stated that the day cruise businesses should provide parking accommodations for their visitors, and city should address the need for expanded parking accommodations before next summer. CITIZENS' COMMENTS None. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT I The meeting was adjourned at 9:33 p.m. Patricia Jones Acting City Clerk (City Seal) 0 �st`er r ass. • +C1i a 6:` �• Yew • _ A A e W. • iq d a N - - s t City of Seward, Alaska City Council Minutes June 27, 1997 Special Meeting Volume 33, Page 98 CALL TO ORDER The June 27, 1997, special meeting of the Seward City Council was called to order at 12:05 p.m. by Mayor Louis A. Bencardino. 113901;11 — — 1 0ISDl6 0 ]�VA The pledge of allegiance to the flag was waived. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane Marianna Keil comprising a quorum of the Council; and Ronald A. Garzini, City Manager Tylan Schrock, Assistant to the City Manager Patricia Jones, Acting City Clerk ABSENT Jerry F. King - excused CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. None. APPROVAL OF AGENDA MOTION (Crane /Clark) Approve the Special Meeting Agenda. Motion Passed. Unanimous NEW BUSINESS Resolution No. 97 -098, awarding a contract to expand the Railway Avenue Paving Project without full utilization of city bid procedures, approving a funding agreement with SAAMS and appropriating funds n 1 City of Seward, Alaska City Council Minutes June 27, 1997 Special Meeting Volume 33, Page 99 MOTION (Crane /Clark) Approve Resolution No. 97 -098. Garzini explained that the contractor, Frontier Paving, was preparing to pave the parking lots at the Alaska SeaLife Center site and the portion of Railway Avenue that was torn up during the construction. He noted that it would be reasonably cost effective for the City to pave the remainder of Railway Avenue at the same time to save the cost of demobilizing and remobilizing which would need to be done if the road were paved in two separate phases. He stated that the paving would be completed by mid -July. He explained that SAAMS and the City would contribute funding for the paving project. MOTION (Keil/Anderson) Amend the seventh WHEREAS clause by striking the words, "was mutually" and "the Electrical Utility and ", such clause to read as follows: the SeaLife Center cur- rently owes the City of Seward $39,342.25 for its portion of the underground utility project and has requested a waiver of the reimbursement to the City because the project is beneficial to the community." Anderson voiced her concern with using the electric utility funds for commercial and economic development. VOTE ON MOTION Motion Passed. VOTE ON RESOLUTION AS AMENDED Motion Passed. ADJOURNMENT The meeting was adjourned at 12:38 p.m. t Patricia Jones Acting City Clerk (City Seal) �` • ^" 'C. ►�� boo : YES: Anderson, Bencardino, Blatchford, Keil NO: Clark, Crane 4 YES, 2 NO Unanimous Mayor City of Seward, Alaska City Council Minutes July 14, 1997 Volume 33, Page 100 CALL TO ORDER The July 14, 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. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane Marianna Keil comprising a quorum of the Council; and Ronald A. Garzini, City Manager Tylan Schrock, Assistant to the City Manager Patricia Jones, Acting City Clerk ABSENT Jerry F. King - excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley was needed at a borough meeting and no report was given. City Manager's Report. Garzini reported the Chugach Alaska Corporation, Qutekcak Native Tribe and the City of Seward had come to terms on the lease of the railroad depot and it would be presented at the next meeting. He noted that the noise ordinance would be ready for introduction at the next meeting. In answer to a question from Anderson, Garzini said that the administration would coordinate the efforts of volunteers in the community. Police Chief Walker gave an oral report on the various problems encountered over the 4th of July weekend. He stated that the police department would meet with the parks and recreation City of Seward, Alaska City Council Minutes July 14, 1997 Volume 33, Page 101 department and the administration to discuss ways in which to handle future problems. Anderson thanked the police department for walking the beat over the 4th of July. City Attorney's Report. None Other Reports, Announcements and Presentations. Obihiro, Japan 1997 High School Exchange Students. The four exchange students from Obihiro, Susume Hidaka, Akano Sato, Yoshiaki Sasaki and Hitomi Yoshida gave a brief speech to the Council. Port and Commerce Advisory Board Annual Report. Ron Long, Chairman, stated that attendance at the meetings was improved since the board started meeting in the City Council Chambers. He reported on the year's activities related to port issues, flood control, community marketing, economic development, industry, transportation and foreign trade. Port Board Applicants. Jim Pruitt stated that the board hoped to accomplish solutions to several 15 year old problems in the city. He looked forward to serving another three years on the board. Hospital Construction Update. Mark Fineman distributed the updated hospital construction schedule to the Council and public. He noted that the substantial completion of the facility was targeted for the end of January. Anderson noted that the original completion date was in November and asked if the later date would affect the financing. Garzini stated that he would provide a report on the effect of the two month adjustment. Advisory Health Council Presentation. Gary Hughes and Barbara Fleming reported on the advisory health council of the Seward Providence Medical Center. She explained the three tiers which consisted of 1) local representation on a nine - member board, 2) three local members who served in an advisory capacity to the CEO, Doug Bruce; and one local member (Fleming) who served on the governing board. Fleming invited two councilmembers to a retreat September 26 and 27 at the Kenai Princess Lodge to discuss health care issues. She stated that the council met every 3rd Monday each month in the Library conference room. Gary Hughes reported on hospital operations and physician recruitment. Mayor Bencardino appointed Anderson and Clark to attend the retreat. Mayor Bencardino suspended the remaining presentations to take action on the ordinances for public hearing because Councilmember Keil was scheduled to leave before the meeting adjourned. There was no objection from the Council. TAKEN OUT OF ORDER CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. None. City of Seward, Alaska City Council Minutes July 14, 1997 Volume 33, Page 102 APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson/Keil) Approve the Agenda and Consent Agenda. Anderson removed Resolution No. 97 -102 and added to New Business, Item B., Discussion of Qutekcak Shellfish Hatchery. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Resolution No. 97 -100, approving the Community Schools Grant and appropriating funds, was approved; Resolution No. 97 -101, approving a change order to the purchase order to Resurrection Rentals for Port-a- Potties rentals, was approved; Resolution No. 97 -103, requesting Safe Communities Funding from the State Department of Community and Regional Affairs, was approved; The June 23, 1997 regular meeting minutes and June 27, 1997 special meeting minutes were approved; Purchase Order Report of purchases between $5,000 and $10,000 was noted for information; FM The Port and Commerce Advisory Board was continued through June 30, 1998. PUBLIC HEARINGS Ordinance No. 97 -19, amending the Seward City Code Chapter 5.35, Sales Tax, increasing the sales tax to four percent for the period April 1 to September 30, inclusive, for a period of three years effective April 1, 1998 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/Clark) Enact Ordinance No. 97 -19. Anderson noted her opposition to the tax because it put a burden on the merchant to collect two different taxes during the year. Crane was also opposed to the seasonal sales tax. City of Seward, Alaska City Council Minutes July 14, 1997 Volume 33, Page 103 VOTE ON MOTION Motion Passed. YES: Bencardino, Blatchford, Clark, Keil NO: Anderson, Crane 4 YES, 2 NO Ordinance No. 97 -20, incorporating the City's policy on sexual harassment into the personnel 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 (Crane /Clark) Enact Ordinance No. 97 -20. Motion Passed. Unanimous PRESENTATIONS continued. NOTE: Councilmember Keil did not participate in the remainder of the meeting. Alaska SeaLife Center. Roe Sturgulewski noted that the construction of the facility was 75 percent complete with a substantial completion date of October 22, 1997. Third Avenue Construction. Paula Caywood, DOTPF, advised that during paving from Railway to Van Buren, the traffic would be re- routed along 4th Avenue. She explained that there could be 20 minute delays during construction, and the project was scheduled to be completed by mid - August, hopefully before the Salmon Derby. She further explained that the highway would include a center turning lane from B Street to Hemlock. Shellfish Hatchery. Jon Agosti, Executive Director, Chugach Natural Resources, stated that the State Department of Fish and Game would be seeking proposals for the shellfish hatchery. He asked for the city's support to urge the State to sole- source the local shellfish hatchery to Qutekcak Native Tribe. He requested that the City act as the pass - through agency in order for Qutekcak to acquire the shellfish hatchery. He distributed information about funding and cost projections. He noted that there would be no financial risk to the City as the pass - through agent. Railway Avenue Project. Dave Calvert, Manager of Engineering & Utilities, advised that Railway Avenue would be paved later in the week by the State's contractor, Alaska Roadbuilders, and the remainder of Railway Avenue would be paved by Frontier Paving during the next week, weather permitting. UNFINISHED BUSINESS None. NEW BUSINESS City of Seward, Alaska July 14, 1997 City Council Minutes Volume 33, Page 104 Resolution No. 97 -099, accepting a matching grant from the Department of Public Safety for the Bike Safety Project and appropriating funds MOTION (Clark/Anderson) Approve Resolution No. 97 -099. Motion Passed. Unanimous Resolution No. 97 -102, appropriating sales tax revenues for hospital purposes MOTION (Crane /Clark) Approve Resolution No. 97 -102. Anderson emphasized that any public funds transferred to a private facility needed to be accounted for. Gifford explained the process and assured the Council that the funds were accounted for. He agreed that the Council would receive reports on a regular basis. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 97 -104, authorizing the City Manager to negotiate a long -term lease with Dennis and Theresa Butts dba Quality Marine of Alaska for real property consisting of approximately 72,000 SF at Lot 4, Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center (Preliminary Plat) MOTION (Crane /Anderson) Motion Passed. Approve Resolution No. 97 -104. Unanimous Resolution No. 97 -105, authorizing the City Manager to negotiate a 30 -year parking lease agreement with the Downtown Business Association for the city- owned lots on Third Avenue, relocate the Third Avenue Tot Lot and appropriating funds MOTION (Anderson /Clark) Approve Resolution No. 97 -105. Anderson stated that four councilmember had a conflict of interest since they were members of the Downtown Business Association. She explained that there may not be a substantial conflict of interest when there is no financial gain but the City may realize a gain from the agreement. Crane declared a conflict of interest as President of the Downtown Business Association. Blatchford declared a conflict of interest as a member. City of Seward, Alaska City Council Minutes July 14, 1997 Volume 33, Page 105 t 1 Bencardino ruled that no conflict of interest existed at the present time since the resolution was authorizing only negotiation for a lease agreement. MOTION (Anderson/Crane) Amend 4th "Whereas" clause by striking "fund" and inserting "facilitate ". Motion Passed. Unanimous Garzini gave an overview of the history of the project. He stated that the Parks and Recreation Department would work on developing a new tot lot, possibly near the Adams Street Pavilion in Waterfront Park. He noted that the project had been reviewed by the Planning and Zoning Commission. He stated that the City would work with individual downtown merchants for financing of the project. The leaseholders would be responsible for maintenance of the parking lot. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 97 -106, approving a contract with Capitol Glass for replacement of city hall doors and appropriating funds MOTION (Anderson /Clark) Motion Passed. Resolution No. 97 -107, authorizing the City Manager to expend an amount not to exceed $22,500 to Alcan General for removal of the underground fuel tank at the Providence Hospital construction site MOTION (Crane /Anderson) MOTION (Anderson /Clark) Approve Resolution No. 97 -106. Unanimous Approve Resolution No. 97 -107. Amend by striking "to Alcan General" in the title and Section 1; and by inserting "and approving a contract for not to exceed $10,699 with Alcan General" at the end of the title and Section 1. Motion Passed. VOTE ON MAIN MOTION AS AMENDED Unanimous Motion Passed. Unanimous RECESS: The meeting recessed at 9:16 p.m. and reconvened at 9:25 p.m. City of Seward, Alaska City Council Minutes July 14, 1997 Volume 33, Page 106 Resolution No. 97 -108, extending the animal control contract with Dee Johnson to September 15, 1997 MOTION (Crane /Anderson) Approve Resolution No. 97 -108. Police Chief Walker informed the Council that the department had advertised for a request for proposals for a new animal control contract and it was necessary to extend the current contract until the RFP process was completed. The Council directed the Administration to seek requests for proposals for a contract with three one -year renewal options. MOTION (Blatchford/Clark) Amend by inserting, "Alice Pickett Memo- rial Animal Shelter" in the first Whereas clause and in Section 1. Motion Passed. Unanimous Anderson voiced concern about animal shelter needs that could not be provided by the contractor. Walker replied that there had been some activity towards acquiring or building a better shelter. He further noted that the contractor handled animal problems outside the city at her own risk because she had such a caring attitude for animals. VOTE ON MAIN MOTION AS AMENDED Motion Passed. Unanimous Appointment of Port and Commerce Advisory Board. Bencardino appointed Richard Goshorn, Dean Kasischke and James Pruitt to the three vacant seats on the board for terms to expire 07/00. There was no objection from the Council. FY 1998 Budget Priorities. Garzini explained that the administration was recommending several capital projects to be funded from existing funds including the paving of Railway Avenue, replacement of City Hall doors, sidewalk construction, design of Hoben Park and purchase of heating fuel tanks. He stated that the administration intended to wait until the 30 -day referendum period on the sales tax ordinance was past before committing any funding of other projects that were included in the FY 1998 budget. Qutekcak Shellfish Hatchery. The Council and Administration held a lengthy discussion regarding the request to use the City as a pass - through agency in order to Qutekcak to acquire the hatchery from the Department of Fish and Game. Garzini explained that the City would need to take financial responsibility if it decided to act as a pass - through agency on behalf of Qutekcak. He stated that the City was very supportive of Qutekcak but was not willing to take the financial risk City of Seward, Alaska City Council Minutes July 14, 1997 Volume 33, Page 107 as the owner of the facility. Blatchford stated that the best way to show support was to appoint a local representative to be a part of the RFP process. He stated that Qutekcak was looking for the strongest measure of support available. Mayor Bencardino said that he would follow up with a phone call to the Fish and Game Commissioner to explore the various options regarding the shellfish hatchery. COUNCIL COMMENTS CLARK stated that the City should plan for larger crowds over the 4th of July to avoid problems that were discussed by Police Chief Walker. He congratulated the winners of the Mount Marathon race. ANDERSON reminded everyone of the election on July 15, 1997. She noted the four city clerk finalists, Kathleen Cline, Patricia Jones, Patrick Reilly and Kristie VanGorder. She also noted a letter that had been received complimenting the city and its contractor on the parking in the harbor. BENCARDINO stated that the City's parking contractor, Randy McFarland, had created a positive relationship with the public and business owners. The Council scheduled a special meeting for Monday, July 28, 1997 at 6:00 p.m. to hold an executive session to discuss the qualifications and personal characteristics of the city clerk finalists. CITIZENS' COMMENTS BILL HEARN, 416 Fourth Avenue, distributed a letter regarding the Resurrection Bay Lion's Club proposal to sublease its boardwalk site the remainder of the summer season. He questioned denial of the request by the Administration. TIM MC DONALD, Mile 2 Nash Road, asked Garzini if the city had obtained a fair market value price for the sawmill property. Mayor Bencardino ruled Mr. McDonald out of order. He stated that all questions should be addressed to the Chair. LEO WAKEFIELD, 439 Fifth Avenue, stated that he was here to discuss politics, namely the election. Mayor Bencardino ruled Mr. Wakefield out of order. Chief Walker escorted Mr. Wakefield out of the council chambers. CAROL GRISWOLD, 412 First Avenue, was opposed to relocation of the tot lot for a parking lot. She suggested other options such as mass transportation into and out of the downtown area. She was opposed to relocation to the Waterfront Park area for safety reasons including high winds, close proximity to the ocean and no sidewalks. She stated that the Third Avenue tot lot served the community well in its current location. City of Seward, Alaska City Council Minutes July 14, 1997 Volume 33, Page 108 JON AGOSTI, stated that economic development was a part of city government. He stated that Qutekcak was not seeking a TORA or financial assistance for the project. The agency was willing to bond itself for the shellfish hatchery. He urged the Council to review the financial projections he had submitted earlier. He appealed to the Council to support local development and control of the hatchery. He stated that Qutekcak was the best operator in Alaskan waters and he was concerned that a company with outside interest and no experience in Alaska would be selected by the Department of Fish and Game. JAMES PRUITT, Maple Street, thanked the Council for re- appointing him to the Port and Commerce Advisory Board. He noted that the Benny Benson Monument and the surrounding area needed improvements. He thanked the city for its efforts over the 4th of July weekend. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS GARZINI replied to Carol Griswold that the original proposal for the tot lot was reviewed by the Planning and Zoning Commission who then chose the location at Waterfront Park. He agreed that sidewalks were needed and he voiced concern about the safety of the public due to increased traffic along Third Avenue. CRANE explained to Bill Hearn that the Council had adopted the current lease policy which required an RFP process if the use of the leased land changed. GARZINI also stated that, in the past, lessees were charging sublessees a large amount of money with no benefit coming to the City. BENCARDINO stated that he realized the Lion's Club had been through a difficult year so he had no problem granting the sublease this one time. ANDERSON commented that the Chamber of Commerce was subleasing yet the Lion's Club was not allowed to sublease. ADJOURNMENT The meeting was adjourned at 10:45 p.m. Patricia J. Jones, CMC /' ouis A. gencardino Acting City Clerk Mayor (City Seal) ,eglfu�lraoto M • �s. roY i © Fl 0 0 ••✓ � fW .° Iy 1QVo 0 F >Aa ` eO� City of Seward, Alaska City Council Minutes July 28, 1997 Volume 33, Page 109 u ;��IZI 'l 1 D1 IS The July 28, 1997 special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY The pledge of allegiance to the flag was waived. ROLL CALL There were present: Louis Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stu Clark Dave W. Crane Jerry King r' comprising a quorum of the Council; and Patricia Jones, Acting City Clerk Brad Meyen, City Attorney Yvette Welsh, Personnel Officer ABSENT was: Marianna Keil - excused t CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None. APPROVAL OF SPECIAL MEETING AGENDA MOTION (Crane /Clark) Motion Passed. MOTION (Crane /Clark) Motion Passed. Approve the Special Meeting Agenda. Unanimous Hold executive session immediately following adjournment to discuss the qualifications and personal characteristics of the four final candidates for city clerk: Kathleen Cline, Patricia Jones, Patrick Reilly and Kristie VanGorder. Unanimous City of Seward, Alaska City Council Minutes July 28, 1997 Volume 33 Page 110 ADJOURNMENT The meeting was adjourned at 6:03 p.m.. Patricia J. Jones, CMC ouis A. Acting City Clerk ✓/ Mayor (City ,�en�) uuii .y QF `3E{�Ji ��•�� V �,.•• �o,•.. O 4 . Vo to FIA r d r • City of Seward July 28, 1997 CALL TO ORDER City Council Minutes Volume 33, page111 The July 28, 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. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Stirrat (Stu) Clark Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Tylan Schrock, Assistant to the Manager Brad Meyen, City Attorney Patricia Jones, Acting City Clerk ABSENT was: Marianna Keil Edgar Blatchford Dave W. Crane SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. The mayor presented a plaque to Sue Magyar in recognition of her 20 years of service as a city employee. Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley was not present and no report was given. City Manager's Report. Garzini discussed his recent city manager exchange trip to England. He stated that the Winchester City Manager David Cowan and his wife would spend two weeks in Seward in September. He reviewed his written report which was distributed to the Council. Garzini informed the Council that he planned to send a letter to the Alaska Public Utilities Commission to once again advise them of the city's desire to obtain natural gas. There was no objection from the Council. He reported on federal lobbying efforts which resulted in funds for the Alaska SeaLife Center Stellar Sea Lion research and the design of the multi- agency facility. City of Seward City Council Minutes July 28, 1997 Volume 33, page112 City Attorney's Report. Meyen stated that the noise ordinance had been completed and they had been working on the closing for the sawmill property. Other Reports, Announcements and Presentations. Larry Lander, GDM Inc., gave an overview of the conceptual design of the multi - agency center using visual aids. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. BOB VALDATTA, 528 Fifth Avenue, suggested that Mayor Bencardino assume the position of Acting City Manager upon Garzini's departure. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane /Clark) Approve the Agenda and Consent Agenda. Anderson moved Ordinance No. 97 -21, Resolution No. 97 -109 to the regular meeting agenda and added Unfinished Business Item, Qutekcak Shellfish Hatchery and New Business Item, City Manager Resignation - Terms of Departure. Bencardino moved New Business Item C3 to be considered directly following selection of the city clerk. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: The July 14, 1997 regular meeting minutes were approved; and The July 15, 1997 special election on repeal of Resolution No. 97 -032 was certified as follows: Votes Cast 487 YES Votes 179 NO Votes 302 Total Counted 481 PUBLIC HEARINGS Selection of City Clerk finalist. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. MICHAEL MEEKS, Lot 2, Salmon Creek Road, spoke in support of Patsy Jones as the city clerk. He stated that the city had many excellent employees and he urged the Council to make its City of Seward City Council Minutes July 28, 1997 Volume 33, page] 13 decision based on facts rather than rumors that had been circulating. He stated that Linda Murphy had been an excellent city clerk and for the past 10 years, Patsy Jones had assisted her as the Deputy City Clerk which allowed Murphy to further her career. He thanked the Mayor and Council for its dedicated service to the city. JOLENE KING, 900 Third Avenue, urged the Council to decide on the best candidate for the city clerk's position, Patsy Jones. She noted the importance of hiring a well qualified city clerk. She stated that the city should also hire a local candidate. YVETTE WELSH, Personnel Officer, read a letter in support of Patsy Jones from Marilee Koszewski. MARILYN REYNOLDS, 225 Sixth Avenue, stated the Patsy Jones was currently the acting city clerk. She stated that Jones was well trained by former city clerk and IIMC President Murphy and was the best candidate for the position. In addition, the City taxpayers had paid to train Jones to assume the position of city clerk. No one else requested to be heard, and the public hearing was closed. MOTION (Crane/King) Motion Failed. MOTION (Anderson /Clark) Appoint Patricia Jones as city clerk. YES: Crane, King NO: Anderson, Blatchford, Bencardino, Clark t Appoint Kristie Van Gorder as city clerk subject to successful contract negotiations. Motion Passed. YES: Anderson, Blatchford, Bencardino, Clark, Crane NO: King Mayor Bencardino appointed Margaret Anderson, Stu Clark and Yvette Welsh to negotiate a contract with the city clerk. UNFINISHED BUSINESS Qutekcak Shellfish Hatchery. Anderson stated that several people had met last week with Mr. Glasby from the Department of Fish and Game regarding the shellfish hatchery. Mayor Bencardino explained the history leading up to the RFP process to dispose of the mariculture center by the Department of Fish and Game. He stated that the City needed to decide whether or not to support the Qutekcak Native Tribe in its effort to acquire the hatchery. He requested that the administration place a resolution on the August 11 agenda. Crane requested that the public become informed about this issue and participate in the decision. City of Seward City Council Minutes July 28, 1997 Volume 33 page114 NEW BUSINESS Ordinance No. 97 -21 establishing Chapter 9.25, Noise Control MOTION (Anderson /Clark) Introduce and set for public hearing Au- gust 11, 1997. Motion Passed. Unanimous Resolution No. 97 -109, approving a memorandum of understanding for the multi- agency visitors center regarding financing and construction MOTION (Crane /Anderson) Approve Resolution No. 97 -109. Garzini explained that local funding for the City's portion would come from the sale of surplus city properties and bed tax revenues. The Council suspended the rules and asked Anne Castellina, National Park Service, for her comments. She cited the number of visitors that had visited the National Park and the projected figures for visitation in the future which totaled approximately 275,000 to 300,000 people. VOTE ON MOTION Motion Passed. Unanimous. RECESS: The meeting recessed at 9:08 p.m. and reconvened at 9:16 p.m. Resolution No. 97 -110, providing for the submission to the qualified voters of the City of Seward the question of amending Section 4.8 of the Charter of the City of Seward at an election in and for the City of Seward on October 7, 1997 MOTION (Crane /Anderson) Motion Passed. Approve Resolution No. 97 -110. Unanimous S, to A Q.J. Resolution No. 97 -111, providing for the submission to the qualified voters of the City of Seward the question of amending Section,slv8'of the Charter of the City of Seward at an election in and for the City of Seward on October 7, 1997 MOTION (Clark/Crane) Motion Passed. Approve Resolution No. 97 -111. Unanimous INFORMATIONAL ITEMS AND REPORTS City of Seward City Council Minutes July 28, 1997 Volume 33, page115 Status of proposed lease between the City of Seward, Chugach Alaska Corporation and Qutekcak Native Tribe for the Seward Historic Railroad Depot Building and property located at Railway Avenue. Garzini reported that Chugach Alaska Corporation and Qutekcak had failed to reach an agreement on the proposed lease. Schrock added that the 180 -day period for the exclusive right to negotiate had expired but the City extended the period until August 1, 1997. He stated that if no agreement was reached by then, the city would explore alternative options for the building and property. Recruitment of City Manager and terms of his departure. Yvette Welsh noted the time line for city manager recruitment which was included in the agenda packet. Garzini stated that his last day of work would be September 26, 1997. Anderson requested a resolution designating the manager's terms of departure from city service on the next agenda. COUNCIL COMMENTS CRANE stated that the weeds and shrubs needed to be cut away from the signs throughout the city. He congratulated Sue Magyar for her service and thanked Yvette Welsh for her help. CLARK also congratulated Sue Magyar. He commented that the ALPAR litter patrol was doing a good job. KING congratulated Sue Magyar and thanked the four finalists for the city clerk position. He stated that he looked forward to continuing working with the city clerk's office. ANDERSON congratulated Sue Magyar and thanked all of the applicants for applying for the city clerk position. She noted that she hoped to make a smooth transition with the new top management team. CITIZENS' COMMENTS BOB VALDATTA, 528 5th Avenue, spoke in support of the shellfish hatchery and local hire. COUNCIL AND ADMINISTRATION RESPOIsTIZENS' COMMENTS Beet !•OG Qv S EA' ,*A, ADJOURNMENT 0,0 °� i The meetin was ad at 9:38 P , � w,y, - adjourned : ���� � T i 0 o d s ��� "� " •vim 1 � ` Patricia Jones }fir 1 "km encardino ` Acting City Clerk Mayor City of Seward, Alaska City Council Minutes August 11, 1997 Volume 33 Page 116 CALL TO ORDER The August 11, 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 Lieutenant Brossow led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane Marianna Keil Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Brad Meyen, City Attorney Patricia Jones, Acting City Clerk Tylan Schrock, Assistant to the Manager SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley reported on the most recent Assembly Meeting. City Manager's Report. Garzini stated that Kent Dawson would be present at the September 8, 1997 meeting. He introduced C. J. Zane, one of the two principals from the team of the city's lobbyists from Washington D. C. Zane updated the Council on lobbying activities including funding for the multi- agency center and the Alaska SeaLife Center. Finance Director Gifford reported on the overall loss experienced by the city's insurance company, APUIT Trust and the impact it would have on the budget. He assured the council that each department would be able to absorb the loss within its budget. Garzini and Gifford stated that the City was forming a committee to explore health insurance options including a possible PPO plan with Providence. City Attorney's Report. Meyen reported on recent action taken by the attorneys including the noise ordinance, review of the abandoned vehicle ordinance and the litigation regarding the sawmill. City of Seward, Alaska City Council Minutes Aueust 11. 1997 Volume 33, Page 117 Other Reports, Announcements and Presentations. Alaska SeaLife Center Update. Executive Director John Hendricks reported that the permitting process for the facility was on track. He noted that a veterinarian was now on staff. He further reported on the successful fund raising efforts which could possibly move up the opening of the research portion of the facility. Roe Sturgulewski reported that the construction was 82 percent complete, the finishing work and rock work was going well, and the landscaping had been started. Providence Construction Update. Mark Fineman, Project Manager, Locher Interests, distributed the construction update schedule for the Providence medical center project to the council and gave a brief update on the progress of the construction and design of the helistop. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. PETER GIANNINI, 560 East 34th Avenue, Anchorage, Chugach Alaska Corporation, spoke in support of the lease of the Seward Historic Railroad Depot to Chugach Alaska Corporation with involvement by the Qutekcak Native Tribe (QNT) for operation of the facility. A. J. PAUL, 611 Sixth Street, spoke in support of the local shellfish hatchery. PATTY BROWN- SCHOENBERG, 4201 Tudor Centre Drive, Anchorage, Executive Director of the Chugach Natural Resources, spoke in support of the operation of the shellfish hatchery by QNT. She noted that CRRC supported QNT in its efforts to fund operation of the facility. JON AGOSTI, 432 Second Avenue, Manager of the Shellfish hatchery, explained the production process of the shellfish. He stated that local operation would provide local jobs, generate tourism and promote economic development in the community. DAVE DAISY, Consultant for CRRC, 4201 Tudor Centre Drive, Anchorage, spoke in support of the shellfish hatchery and noted that QNT was dedicated to the community. RAY ROLAND, Aquaculture Specialist, University of Alaska Fairbanks, 2221 East Northern Lights Blvd, discussed the critical need for the shellfish hatchery. He stated that the hatcheries outside of Alaska offered little incentive to ship their product to Alaska. He noted that the shellfish farmer needed to have control over his seed for the growth of several species of shellfish. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane /Clark) Approve the Agenda and Consent Agenda. MOTION (Anderson/Keil) Meet in executive session to discuss legal procedures for the selection of a city clerk City of Seward, Alaska City Council Minutes August 11, 1997 Volume 33 Page 118 and to discuss the resignation of city man- ager Ronald A. Garzini. Anderson stated that she had been advised by the attorney that Unfinished Business Items A.1, Selection of a city clerk; and A.2. Resolution No. 97 -112, accepting City Manager Garzini's resignation, could be moved to the end of the agenda just prior to adjournment. The city council could then recess to hold an executive session after Item 13, Council and Administration Response to Citizens' Comments and reconvene to take up the remaining items noted above. Unfinished Business Items A 1 and 2 were moved to the end of the regular meeting agenda just prior to adjournment. King asked for clarification on the topic of the executive session. Anderson replied that the executive session would be held to discuss the procedure, then the city clerk would be selected when the regular meeting reconvened. Clark and Blatchford stated that the procedure for selecting the city clerk would be identical to the procedure used at the July 28 council meeting; move to nominate a candidate, second the nomination and vote on the nomination. Bencardino agreed. King stated that he did not see a need for an executive session since the procedure had already been followed and the candidates had been thoroughly discussed at a prior executive session. He noted that he had received comments from the public and according to the press, the public felt left out of the debate on the candidates. Crane did not support the executive session because there was no reason to discuss the process of selection of a clerk since it had been done before. He objected to voting on the two issues together in one motion. MOTION (Clark/Anderson) Divide the question. Keil stated that since she was out of town and was not included in the last meetings and executive sessions, she would like to know what was discussed and the procedures that were used in selection of the city clerk. Motion Passed. Without objection. VOTE ON MOTION TO HOLD EXECUTIVE SESSION TO DISCUSS CITY CLERK SELECTION PROCEDURES. Motion Passed. YES: Anderson, Blatchford, Bencardino, Keil NO: Clark, Crane, King Jones noted that since the executive session had not been noticed to the public, the council should refrain from discussing any one candidate and keep its discussion to the selection procedure of the city clerk. City of Seward, Alaska City Council Minutes August 11, 1997 Volume 33, Page 119 F-j 1 VOTE ON EXECUTIVE SESSION TO DISCUSS THE RESIGNATION OF THE CITY MANAGER Motion Failed. YES: Anderson, Blatchford NO: Bencardino, Clark, Crane, Keil, King Jones noted that Resolution No. 97 -112 would remain on the agenda under Unfinished Business. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED. Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Resolution No. 97 -115, approving the extension of the Special Services contract between the City of Seward and the Department of Public Safety for dispatch and clerical services, was approved; and The July 28, 1997, regular meeting minutes were approved. PUBLIC HEARINGS Ordinance No. 97 -21, establishing Seward City Code Chapter 9.25, Noise Control Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. CARL NORMAN, Bear Lake Road, opposed the section of the ordinance that required the noise level designated for a single family residential area to be enforced in the commercial area in which he operated his business. No one else requested to be heard, and the public hearing was closed. MOTION (Clark/Anderson) Enact Ordinance No. 97 -21. Meyen recommended an amendment to the definition of residential area which would address Mr. Norman's concern. Meyen stated that Section 9.25.035 of the city code set forth the penalty of a misdemeanor for violation of the chapter provisions and he preferred to bring an amendment to the council at the next meeting to provide for civil remedies. MOTION (Clark/Keil) Amend the definition "Residential area" to read, "Residential area means any parcel of City of Seward, Alaska City Council Minutes August 11, 1997 Volume 33, Page 120 Motion Passed. MOTION (Clark/Keil) land zoned as RR, R -1, R-2, R -3, UR or OR under Title 15. Unanimous Postpone until August 25, 1997. Motion Passed. Unanimous RECESS: The meeting recessed at 9:03 p.m. and reconvened at 9:13 p.m. UNFINISHED BUSINESS Resolution No. 97 -112, accepting the resignation of City Manager Ron Garzini and setting the terms for his departure from city employment. MOTION (Anderson /Clark) Approve Resolution No. 97 -112. In answer to a question from Anderson, Garzini outlined his schedule until his departure from city service. Anderson recommended hiring an acting city manager before Garzini's departure in order to ensure a smooth transition. Garzini had no objection and stated that he would help in any way he could. He noted that the council would meet in a work session on September 8 to narrow the city manager candidates down to a few finalists. VOTE ON MOTION Motion Passed. Unanimous NEW BUSINESS Resolution No. 97 -113, authorizing the City Manager to negotiate an agreement between the State of Alaska, Department of Fish and Game and the City of Seward for the purpose of entering into an operations agreement for the mariculture facility between the City of Seward and the Qutekcak Native Tribe MOTION (Anderson /Crane) Approve Resolution No. 97 -113. Councilmember Blatchford declared a conflict of interest as the Tribal Administrator of the Qutekcak Native Tribe. Mayor Bencardino ruled that Blatchford had a conflict. MOTION (Anderson) Appeal the ruling of the chair. Jones explained that the council would vote to uphold the ruling of the chair. Motion Passed. YES: Clark, Crane, Bencardino, Keil, King City of Seward, Alaska City Council Minutes August 11, 1997 Volume 33, Page 121 1 NO: Anderson ABSTAIN: Blatchford Mayor Bencardino reiterated that Blatchford had a conflict of interest and would abstain from debate and voting on the resolution. Anderson stated that the local organization, QNT, should be allowed to operate the shellfish hatchery. Clark stated that he had confidence that QNT could operate the facility successfully but he saw no reason for the City to become involved. In answer to a question from Keil and King, Meyen explained that the clause contained in the resolution specified that the city would be responsible and held liable for all aspects of the operation and maintenance of the facility. He noted that the amount of liability that Qutekcak would assume would be as good as the amount of its bond. Garzini explained that the City would incur certain obligations to take responsibility for operation and maintenance of the hatchery. He noted that the resolution before council was only to authorize negotiations, and an agreement including the obligations and other details would be brought before the council upon completion of negotiations. Mayor Bencardino voiced his support for the city's participation to assist QNT with acquiring the shellfish hatchery which in turn would support the local economy. Crane stated that the city's lobbyist had originally lobbied for the hatchery and the city should support the operation by a local organization. VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Clark, Crane, Keil, King ABSTAIN: Blatchford Resolution No. 97 -114, calling upon the Department of Fish and Game to allow maximum local participation in the RFP process for the operation of the mariculture facility The resolution died for lack of a motion from the Council. Resolution No. 97 -116, extending the agreement with Jason McDonald dba Jason Enterprises for the collection and disposal of garbage within the City of Seward through December 31, 1998 MOTION (Clark/Crane) Approve Resolution No. 97 -116. Motion Passed. Unanimous City of Seward, Alaska August 11. 1997 City Council Minutes Volume 33, Page 122 Resolution No. 97 -117, electing to participate in the retirement incentive program and authorizing the city manager to enter into an agreement to fund the cost of participation in the program MOTION (Crane/Keil) Motion Passed. Approve Resolution No. 97 -117. Unanimous Status of Historic Railroad Depot - withdrawal of Exclusive Right to Negotiate with Chugach Alaska Corporation and the Qutekcak Native Tribe for lease of the Historic Ferry Depot Building, and discussion of alternatives including awarding 30 days exclusive right to negotiate to Chugach Alaska Corporation, Qutekcak Native Tribe or Margaret Branson; prepare a new request for proposals; and winterizing the facility. The Council discussed the future of the Railroad Depot. Clark, Crane and King supported negotiating with Chugach Alaska Corporation for the Railroad Depot. Anderson preferred to request proposals once again. Blatchford explained that Chugach Alaska Corporation and QNT had agreed by memorandum to operate the railroad depot as equal partners in a joint venture. He said that the jury committee did not consider either entity separately but together as a joint venture. The council directed the administration to prepare three separate resolutions for the next agenda: 1) negotiate an agreement with Chugach Alaska Corporation, 2) negotiate an agreement with Qutekcak Native Tribe, and 3) prepare a new request for proposals for the Railroad Depot. The council also scheduled public hearings on the three resolutions. COUNCIL COMMENTS KEIIstated that several charter boats were operating without a city business license and she asked how to correct the situation. JONES replied that six charter boat operators had applied for a city license during the past two days. Jones further noted that the applicants stated that they had not realized a city license was needed but somebody in the harbor was notifying businesses of the requirement to obtain a license. ANDERSONreminded everyone that the candidate filing period ended on August 15, 1997. She noted the upcoming work session with the Planning and Zoning Commission on August 18 and the work session on city manager recruitment on September 8. BENCARDINOthanked Mike Meeks for chaperoning the Korean delegation that had visited from Yochon City, Korea. CITIZENS' COMMENTS BARBARA FLEMING, 414 Second Avenue, Chair of the Local Health Council, urged the city to consider a PPO plan with Providence and urged the public to use the facility. She asked the council to return the questionnaires it had received from the Health Council. She noted that she was City of Seward, Alaska City Council Minutes August 11, 1997 Volume 33, Page 123 1 t disappointed to learn that the Third Avenue Tot Lot was to be paved for private usage as employee parking for downtown businesses. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Garzini replied that the city continued to have parking problems and needed to seek solutions to find available parking. RECESS: The meeting was recessed at 10:24 p.m. The Council met in executive session to discuss legal procedures in selecting the city clerk. The meeting reconvened at 10:34 p.m. TAKEN OUT OF ORDER Selection of the city clerk. MOTION (King /Crane) Postpone selection of the city clerk until after the regular municipal election. Crane noted that it would be better to postpone the process until after the election since it was apparent that several councilmembers were biased towards certain candidates. Motion Failed. YES: Crane, King NO: Anderson, Bencardino, Blatchford, Clark, Keil MOTION (Anderson /Clark) Motion Passed. ADJOURNMENT Appoint Patrick Reilly as city clerk. YES: Anderson, Bencardino, Blatchford, Clark, Keil NO: Crane, King The meeting was adjourned at 10:40 p.m. Patricia Jones + p + + " ouis A. $"encardino Acting City Clerk ���.� OF 5 d i' ° ',., (City Seal) ?, T � i fir.:,..,;..:.$., • . "D # o F l��'�T'►i� +1 *##; �t111N1 +�� Mayor City of Seward, Alaska City Council Minutes August 18, 1997 Volume 33, Page124 CALL TO ORDER The August 18, 1997 special meeting of the Seward City Council was called to order at 6:15 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY The pledge of allegiance to the flag was waived. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Stirrat Clark Marianna Keil Jerry King comprising a quorum of the Council; and Rick Giford, Finance Director Rob Johnson, Attorney DeAnna Hill, City Clerk Office Assistant ABSENT were: Edgar Blatchford APPROVAL OF SPECIAL MEETING AGENDA MOTION (CRANE/KEIL) Approve the Special Meeting Agenda. Motion Passed. Unanimous CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None NEW BUSINESS Executive Session to discuss possible litigation. MOTION (Crane/Keil) Hold Executive Session to discuss possible litigation. Citv of Seward, Alaska City Council Minutes August 18 1997 Volume 33, Page125 �J Motion Passed. ADJOURNMENT Unanimous The meeting was adjourned at 6:30 p.m. iJ Patricia J. Jones, CMC Acting City Clerk —� O S111111+ + + +e 5. ��'R F ys w , w i � .i,... � o OF J/ouis A. Bencardino Mayor City of Seward, Alaska City Council Minutes August 25 and 26 1997 Volume 33, Page 125 CALL TO ORDER The August 25, 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. ROLL CALL There were present: t Louis A. Bencardino, presiding, and Margaret Anderson Stirrat (Stu) Clark Marianna Keil Edgar Blatchford Dave W. Crane Jerry F. King City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 126 comprising a quorum of the Council; and Ronald A. Garzini, City Manager Tylan Schrock, Assistant to the City Manager Rick Gifford, Director of Finance and Administrative Services Yvette Welsh, Personnel Officer Patricia Jones, Acting City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley reported on the most recent Assembly Meeting and issues scheduled for the next meeting to be held in Homer. City Manager's Report. Garzini distributed a report and discussed deferred maintenance that was needed at the small boat harbor, AVTEC facility, IMS building and general repairs and improvements to streets throughout the city. He introduced Brad Gilman, one of the City's federal lobbyists. Brad Gilman reported on the most recent lobbying efforts which included funding for the Alaska SeaLife Center, design of the future multi - agency facility, possible funding for the Alaska Railroad Dock and increased highway funds. Garzini noted that he had received a proposal from Juris Mindenberg to purchase his leased property from the City for the operation of the Breeze Inn Motel and Restaurant. He stated that he expected more leaseholders to submit similar proposals for harbor property, and he recommended appointment of a committee to review the proposals and develop a policy. Mayor Bencardino appointed Stu Clark and Jerry King to the committee. Garzini explained the difficulty Seward Ship's Drydock was having competing for work with its only competitor, Ketchikan Shipyard. He attributed the higher cost of electricity in Seward as part of the problem in competing for work on the state ferries. He asked the sub - committee of Keil and Blatchford to work with Dave Calvert and submit a proposal to the Council on this issue. Other Reports, Announcements and Presentations. P. Dennis Maloney, Maloney and Haggart, stated that he had planned to address the Council on several issues including violations of law and the constitution regarding personnel issues in the city clerk's office during the former city clerk's tenure. He noted that, unfortunately, he could not speak to the council since the city's attorney was not present. He also stated that a conversation he had held with City Attorney Rob Johnson had led him to believe that the city attorney would be present at the meeting. He apologized for not being allowed to speak to the council first before providing the information to the media. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 127 Lam' CARL NORMAN, Bear Lake Road, requested an additional public hearing on the noise ordinance since amendments were being proposed. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane /Anderson) Approve the Agenda and Consent Agenda. Bencardino moved Resolution No. 97 -142 to the regular meeting agenda. Anderson requested the reversal of Resolutions No. 97 -138 and 97 -139 under Other Public Hearings. Clark moved Resolutions No. 97 -141 and No. 97 -143 to the regular meeting agenda and added Unfinished Business Item D., reaffirmation of the selection of Patrick Reilly as city clerk. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Resolution No. 97 -145, approving the FY 1998 legal budget amendments, was approved; 1 - 1 Resolution No. 97 -146, approving the transfer of AML /JIA credits and dividend monies to the General Fund fund balance designated for the AML /JIA and LELP pools and appropriating money for the FY 1994 LELP assessment, The August 11, 1997 and August 18, 1997 meeting minutes were approved as written; and The submittal to the Kenai Peninsula Borough Planning Commission of a modification to the Preliminary Fourth of July Creek Subdivision Seward Marine Industrial Center Plat (KPB 97 -108) to change the public right of ways to service /emergency access roads was approved. PUBLIC HEARINGS Resolution No. 97 -118, authorizing the award of sale of Lots 1 -2 and 17 -22, Block 5, Cliff Addition, to Harold Faust Finance Director Gifford reviewed the history regarding the sale of city surplus properties. He noted that a portion of the revenues received would go to the state, and the city's portion would be deposited into the city's land bank fund. 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 /Clark) Approve Resolution No. 97 -118. Motion Passed. Unanimous City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 128 Resolution No. 97 -119, authorizing the award of sale of Lot 23, Block 1, Gateway Subdivision, to Mark Olsen 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) Motion Passed. Approve Resolution No. 97 -119. Unanimous Resolution No. 97 -120, authorizing the award of sale of Lot 18, Block 1, Jesse Lee Heights Subdivision, to David Dieckgraeff 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) Motion Passed. Approve Resolution No. 97 -120. Unanimous Resolution No. 97 -121, authorizing the award of sale of Lot 1, U. S. Survey 3294, to Pence Cardwell Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. *rB BLAINE BARDARSON, 1308 Chamberlain, was opposed to the approval of the sale of the property at the bid price offered by Cardwell. He noted that sale of the property would block access to his property along the waterfront. He requested that the council review the sale of the land and ensure that he (Bardarson) would have access to his property. He noted that the price and description of the property was incorrect in the bid documents. He requested postponement until these outstanding issues were resolved. Councilmember King declared a conflict of interest as a bidder on the parcel. Mayor Bencardino ruled that King had a conflict and should not debate or take action. No one else requested to be heard, and the public hearing was closed. MOTION (Crane/Keil) Approve Resolution No. 97 -121. The Council held discussion about the property and access to Bardarson's property. The administration was instructed to resolve the access issues before the sale of the property was finalized. MOTION (Crane /Clark) Postpone to September 8, 1997. City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 129 1 Resolution No. 97 -122, authorizing the award of sale of Lots 5, 6, and 7, McBride Subdivision, to Bill Hearn Resolution No. 97 -123, authorizing the award of sale of Lot 1, Block 2, Goat Haven Estates, to Bruce and Carole Jaffa 1 Resolution No. 97 -124, authorizing the award of sale of Lot 2, Block 2, Goat Haven Estates, to John Trautner Motion Passed. YES: Anderson, Bencardino, Blatchford, Clark, Crane, Keil ABSTAIN: King RECESS: The meeting was recessed at 8:55 p.m. and reconvened at 9:04 p.m. 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 /Clark) Motion Passed. 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 /Anderson) Motion Passed. 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 /Clark) Motion Passed. Approve Resolution No. 97 -122. Unanimous Approve Resolution No. 97 -123. Unanimous Approve Resolution No. 97 -124. Unanimous Resolution No. 97 -125, authorizing the award of sale of Lot 3, Block 2, Goat Haven Estates, to Kevin and Erin Knotek and Joseph and Andrea Didomenco 1 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/Keil) Approve Resolution No. 97 -125. Motion Passed. Unanimous City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 130 Resolution No. 97 -126, authorizing the award of sale of Lot 5, Block 2, Goat Haven Estates, to Facilities Management Incorporated 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/Crane) Motion Passed. Approve Resolution No. 97 -126. Unanimous Resolution No. 97 -127, authorizing the award of sale of Lot 6, Block 2, Goat Haven Estates, to Gene Jorgensen 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. 97 -127. Unanimous Resolution No. 97 -128, authorizing the award of sale of Lot 8, Block 2, Goat Haven Estates, to Loyd and Bette Welch 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 (Kell /Clark) Motion Passed. Approve Resolution No. 97 -128. Unanimous Resolution No. 97 -129, authorizing the award of sale of Lot 9, Block 2, Goat Haven Estates, to John Trautner 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/Crane) Motion Passed. Approve Resolution No. 97 -129. Unanimous Resolution No. 97 -130, authorizing the award of sale of Lots 36 and 37, Block 17, Original Townsite of Seward, to Bill Hearn City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 131 D 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/Crane) Motion Passed. Approve Resolution No. 97 -130. Unanimous Resolution No. 97 -131, authorizing the award of sale of Lots 17 and 18, Block 22, Original Townsite of Seward, to Bill Hearn 1 1 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. King stated that the American Legion had requested the purchase of the property to create off - street parking adjacent to the Legion Building. The Council held a discussion regarding the Legion's request. MOTION (Crane /Clark) Motion Passed. Postpone until September 8, 1997. Unanimous Resolution No. 97 -132, authorizing the City Manager to execute a twenty-year lease with Kenai Fjords Tours, a division of Alaska Heritage Tours, Inc., for a portion of Block 6, Oceanview Subdivision, described as Seward Small Boat Harbor Boardwalk Lease Site No. 1, containing 1,360 square feet, more or less 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 (AndersonBlatchford) Approve Resolution No. 97 -132. Amend by changing the sublease rate from 35% to 50 %. Motion Failed. YES: Anderson, Blatchford, Clark NO: Bencardino, Crane, Keil, King VOTE ON MAIN MOTION Motion Passed. Unanimous Resolution No. 97 -133, authorizing the City Manager to execute a twenty-year lease with Emerald Sea, Inc., dba Major Marine Tours, for a portion of Block 6, Oceanview Subdivision, described as Seward Small Boat Harbor, Boardwalk Lease Site No. 2, containing 1,220 square feet, more or less City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 132 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 (Kell /Clark) MOTION (AndersonBlatchford) Approve Resolution No. 97 -133. Amend by changing the sublease rate from 35% to 50 %. Motion Failed. YES: Anderson, Blatchford NO: Bencardino, Clark, Crane, Keil, King VOTE ON MAIN MOTION Motion Passed. Unanimous Resolution No. 97 -134, authorizing the City Manager to execute a twenty-year lease with Carl I. and Kim Hughes for a portion of Block 6, Oceanview Subdivision, described as Seward Small Boat Harbor, Boardwalk Lease Site No. 3, containing 1,220 square feet, more or less 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 /Clark) Motion Passed. Approve Resolution No. 97 -134. Unanimous Resolution No. 97 -135, authorizing the City Manager to execute a twenty-year lease with Randy J. Becker for a portion of Block 6, Oceanview Subdivision, described as Seward Small Boat Harbor Boardwalk Site No. 4, containing 1,220 square feet, more or less 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 (Blatchford /Crane) Motion Passed. Approve Resolution No. 97 -135. Unanimous Resolution No. 97 -136, authorizing the City Manager to execute a twenty-year lease with Richard Worabel and Linda Worabel for a portion of Block 6, Oceanview Subdivision, described as Seward Small Boat Harbor Boardwalk Site No. 5, containing 1,220 square feet, more or less City of Seward, Alaska City Council Minutes August 25 and 26. 1997 Volume 33, Page 133 1 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. 97 -136. Unanimous Resolution No. 97 -137, authorizing the City Manager to execute a twenty-year lease with Jack and Sheila Scoby dba Orca Enterprises for a portion of Block 6, Oceanview Subdivision, described as Seward Small Boat Harbor Boardwalk Lease Site No. 10, containing 3,770 square feet, more or less t Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BOB SATIN, 525 4th Avenue, discussed lease provisions 4.2, 7.1 and 14.1 contained in the lease. He stated that the lease should provide for a guaranteed public access to the outer part of the boardwalk. He further noted that the lease indicated that the lease site should be returned to its original condition upon termination of the lease. He explained that the lessee would be providing approximately $60,000 in improvements to the area that would benefit the public and it did not make sense to remove the added boardwalk infrastructure upon termination of the lease. Garzini replied that the City and Scoby had agreed by letter that the site would be accessible to the public. Harbormaster Singleton noted that the intent of public access was included in the lease document. MOTION (Crane/King) Approve Resolution No. 97 -137. Anderson stated that $1 per square foot was unreasonable for a 30 -year long -term lease. Singleton explained that the lease rate was obtained by considering the appraisal value of the surrounding boardwalk leases and taking into consideration the value of the investment into creating new land and property in the city. Anderson objected to any development in the harbor until the multi - agency facility was designed and the plans had been completed for the renovation of the harbor area. Clark was not in favor of leasing property until the multi- agency facility plans were completed. 1 King stated that the RFP had been issued, and the proposer should not be harmed because certain people had changed their minds about the harbor area. MOTION (Clark/Anderson) Amend rental rate from $1.00 to $2.22 per square foot. Motion Failed. YES: Anderson, Blatchford, Clark City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 134 VOTE ON MAIN MOTION Motion Passed. NO: Bencardino, Crane, Keil, King YES: Bencardino, Crane, Keil, King NO: Anderson, Blatchford, Clark Resolution No. 97 -139 inviting Qutekcak Native Tribe (QNT) to finalize a lease agreement for a parcel of land including the structure and improvements located at Lot 1, Waterfront Tracts at 501 Railway Avenue, referred to as the Historic Seward Railroad Depot Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. ALLISON NYHOLM, 8613 Brandt Place, Bethesda, Maryland, distributed a written project overview for the Seward Depot Cultural Center and Gallery. She outlined the history of the proposal process and QNT's response to the proposal. She noted that QNT was committed to maintaining local control of the native/tourism center. She stated that the five objectives within the scope of the project included an art gallery, operation of the Aurora (Rural Expressions of Alaska Catalog created to sell works from Alaska artists), operation of a gift shop, art and native cultural exhibits and native dance and historical story performances. She stated that QNT intended to maintain the originality of the Depot and work cooperatively with the City, the Alaska SeaLife Center and the community. She noted that the project would provide for seven to 21 jobs during the summer season. She listed the milestones of the project and the budget contained in the handout. TONY NAKAZAWA, Eagle River, Professor and Economist, University of Alaska, addressed the economic impact of the project on the community. He distributed an economic impact study process report to the Council. He noted that the center would benefit the community as a tourist destination. He stated that QNT's mission was to benefit the membership consisting of about 500 local citizens, to operate a non - profit facility and to present itself and its culture to the community. SHERI BURETTA, 7644 East 17th Avenue, discussed QNT's mission to share its culture and to renovate and develop the Railroad Depot. She stated that QNT's goal was one of self determination and empowering of the tribes. She stated that many Alaskan tribes were working toward a goal of building dance and cultural awareness on a regional basis. KENNY BLATCHFORD, 208 Resurrection Boulevard, Tribal Chairman, favored the QNT proposal for the Railroad Depot. He stated that it was situated next to the Alaska SeaLife Center which promotes educational opportunity. He informed the Council about the background and organization of Chugach Alaska Corporation and the Qutekcak Native Tribe. He noted that QNT, as well as other tribes, was utilizing its dance and native crafts to teach the culture to the native youth. City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 135 He noted that QNT was a non - profit, civic minded tribe which had been successful with two housing projects and had offered strong support for the youth center. No one else requested to be heard, and the public hearing was closed. 1 Garzini noted that the administration was recommending that the City invite Chugach Alaska Corporation (CAC) to finalize a lease for the Railroad Depot. He stated that he had spoken to Mr. Brown from CAC who expressed interest in concluding negotiations if invited to do so by the City. He noted that CAC planned to fully include QNT in the process. He further noted that CAC did not want an appearance of feuding among the tribes. Blatchford declared a conflict of interest since he was the Tribal Administrator of Qutekcak Native Tribe. Mayor Bencardino ruled that Blatchford had a conflict and would abstain from debate and voting. MOTION (Anderson/Keil) Approve Resolution No. 97 -139. Clark expressed concern about the finances for the project. Garzini replied that he was sure that QNT could provide the funding but he hoped that CAC would finalize the lease agreement as an umbrella corporation over the different regional tribes for the benefit of everyone. MOTION (Anderson /Crane) Motion Failed. Postpone until September 8, 1997. YES: Anderson, Bencardino, King NO: Clark, Crane, Keil ABSTAIN: Blatchford Crane stated that it was in the community's best interest to support the CAC proposal because it was the strongest proposal for the facility. VOTE ON MAIN MOTION Motion Failed. YES: Anderson, Bencardino, King NO: Clark, Crane, Keil ABSTAIN: Blatchford Resolution No. 97 -138, inviting Chugach Alaska Corporation to finalize a lease agreement for a parcel of land including the structure and improvements located at Lot 1, Waterfront Tracts at 501 Railway Avenue, referred to as the Historic Seward Railroad Depot 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 /Clark) Approve Resolution No. 97 -138. City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 136 Anderson declared a conflict of interest as a non - voting member of Chugach Alaska Corporation. Blatchford declared a conflict of interest as a voting member of CAC. Mayor Bencardino ruled that Anderson and Blatchford did not have a conflict of interest and could participate in discussion and voting. Garzini noted that the City would need to winterize the facility soon. Clark stated that all proposals received for the Railroad Depot were open and viable, however he supported a lease with CAC due to its financial strength. Anderson noted that Mr. Brown from CAC had submitted a letter to the City withdrawing its proposal on the facility. Garzini responded that CAC would continue negotiations if "invited" to do so by the City. He stated that the community needed to move forward on this project, and he hated to see ill will created among the native tribes because of the project. Blatchford stated that he was pained to see emotional outbursts between the tribes. He noted that CAC had violated the spirit and intent of negotiations with the City as outlined in the Memorandum of Understanding that existed on the project. He added that CAC had not included QNT in the process. VOTE ON MOTION Motion Failed. YES: Clark, Crane, King NO: Anderson, BencarAino, Blatchford, Keil Jones noted that the hour was reaching the mandatory adjournment time of 11:00 p.m. The Mayor noted that the Council would take Citizens' comments at this time. No Citizens appeared to he heard. Resolution No. 97 -140 authorizing the city manager to re -issue an RFP for the development and renovation of the Historic Seward Railroad Depot 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/Keil) Approve Resolution No. 97 -140. The Council held a brief discussion regarding the RFP process. MOTION (AndersonBencardino) Adjourn the regular meeting until August 26 9 1997 at 7:30 p.m. Motion Passed. Unanimous City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 137 I The meeting was adjourned at 11:00 p.m. Patricia J. Jones, CMC Acting City Clerk (City Seal) Louis A. Bencardino Mayor Mayor Bencardino reconvened the August 25, 1997 adjourned meeting at 7:30 p.m., Tuesday, August 26, 1997. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane Marianna Keil Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Tylan Schrock, Assistant to the City Manager Rick Gifford, Director of Finance and Administrative Services Yvette Welsh, Personnel Officer Patricia Jones, Acting City Clerk Jones noted that there was a motion on the floor for approval of Resolution No. 97 -140. 1 Garzini and the Council discussed the pros and cons of re- issuing an RFP for the Railroad Depot. Following discussion, Crane suggested holding a work session to discuss the desire of the Council. MOTION (Clark/Crane) Table Resolution No. 97 -140. Motion Passed YES: Clark, Crane, Keil, King NO: Anderson, Blatchford, Bencardino City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 138 Jones noted that, following adjournment of the meeting on August 25, 1997 Councilmember Ked filed a notice of reconsideration of Resolution No. 97 -138. She stated that a motion and second was in order to reconsider the resolution and a 2/3 vote was need to carry the motion. MOTION (Keil /Clark) Motion Failed. Reconsider Resolution No. 97 -138. YES: Clark, Crane, Keil, King NO: Anderson, Bencardino, Blatchford MOTION (Clark/Anderson) Motion Failed. Remove Resolution No. 97 -140 from the table. YES: Anderson NO: Bencardino, Blatchford, Clark, Crane, Keil, King Ordinance No. 97 -21, establishing Seward City Code Chapter 9.25, Noise Control Jones noted that this item had been postponed from the previous meeting and there was a motion to enact on the floor. MOTION (Anderson /Clark) Amend Section 9.25.035a. to read "A per- son who violates a provision of this chapter is guilty of a misdemeanor and upon conviction shall pay a fine of fifty dollars ($50.00) for the first violation; seventy -five dollars ($75.00) for the second violation; one hundred dollars ($100.00) for the third violation; and three hundred ($300.00) for the fourth violation and every violation thereafter "; and amend Section 9.25.035d, by adding a second sentence to read, "A person who violates any provision of this chapter shall also be subject to the civil remedies provided in Section 1.05.010, including but not limited to, the imposition of a civil penalty under Section 1.05.010B." Motion Passed. VOTE ON ORDINANCE AS AMENDED Unanimous Motion Passed. Unanimous City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 139 � 1 Resolution No. 97 -141, accepting a matching grant from the Kenai Peninsula Borough for Alaskans for Litter Prevention and Recycling (ALPAR) and appropriating funds t Reaffirmation of selection Patrick Reilly as city clerk. MOTION (Clark/Anderson) Reaffirm selection of Patrick Reilly as city clerk. Motion Passed. YES: Anderson, Bencardino, Blatchford, Clark, Keil NO: Crane, King NEW BUSINESS MOTION (Crane /Clark) Approve Resolution No. 97 -141. In answer to a question from Clark if this resolution was being approved after the fact, Parks and Recreation Director Karin Sturdy explained the ALPAR program and related funding. She stated that this was an unusual request because the funds were received from the borough later than usual. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 97 -142, approving state revenue sharing monies for the health facilities within the City of Seward t MOTION (Kell /Anderson) Approve Resolution No. 97 -142. In answer to a question from Bencardino on funding for the different health facilities, Gifford explained where the revenue sharing funds were allocated. He stated that the funds were distributed to Providence Seward Medical Center for hospital services, SLAC for mental health services and Wesley Rehab and Care Center for elderly care. He reported that the State required that the funds be spent on health services or maintenance of health care facilities, and each facility must meet state requirements prior to receipt of the funds. Garzini recommended allocation of the funds to the above health facilities, and, in the future, a portion of the non - hospital funds could be allocated to the Seward Volunteer Ambulance Corps if so requested and if the request was in compliance with state requirements. VOTE ON MOTION Motion Passed. Unanimous City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 140 Resolution No. 97 -143 approving a contract with Dee Johnson dba Kritter Keepers for animal control services MOTION (Clark/Keil) Approve Resolution No. 97 -143. In answer to a question from the Council, Police Chief Walker stated that the contractor was making a concerted effort to ensure that the leash law was followed. He acknowledged that there had been a problem with loose dogs. Garzini informed the Council that the Police Department Budget would need a budget amendment in the future. VOTE ON MOTION Motion Passed. Unanimous Resolution No. 97 -144 approving an employment agreement with Patrick Reilly for City Clerk services Since Jones was a candidate for the position, she deferred this item to Personnel Officer Yvette Welsh. MOTION (Anderson /Clark) MOTION (Anderson /Clark) Approve Resolution No. 97 -144. Amend the contract by changing the effective date from August 26 to August 27. Motion Passed. VOTE ON MAIN MOTION Unanimous Motion Passed. YES: Anderson, Bencardino, Blatchford, Clark, Keil NO: Crane, King Resolution No. 97 -147 accepting the Municipal Capital Project Matching Grant for the Harbor Plaza Renovation and appropriating funds MOTION (Crane /Clark) Motion Passed. Approve Resolution No. 97 -147. Unanimous Resolution No. 97 -148 authorizing the city manager to execute Amendment No. One to the Transfer of Responsibilities Agreement to acknowledge completion of the X -Float replacement project MOTION (CraneBlatchford) Approve Resolution No. 97 -148. City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 141 Motion Passed. Unanimous Vacancy on the Planning and Zoning Commission created by the resignation of Commissioner Elaine Kincheloe. The Council directed the city clerk to advertise for the vacant seat. INFORMATIONAL ITEMS AND REPORTS Hoben Park Development, Request for Proposals. Parks and Recreation Director Sturdy discussed the development of Hoben Park. In answer to a question from the Council, she stated that the old cottonwood tree located in the park was 1/3 dead and needed to be removed for liability purposes. Harborside Park and Boulder Stadium Destruction. The Council and Administration discussed the conversion of boulder stadium into a park and the concept design of the park. COUNCIL COMMENTS CLARK welcomed Pat Reilly as city clerk. He regretted that no positive action had been taken on the Railroad Depot. KING stated that he had received a comment from a concerned citizen who was required to send his parking citation money to the state of Washington. He asked if the City was receiving its share of the revenue and if there was a method to account for the money collected in the cash boxes. He also received complaints that people were using the parking lots as overnight camping areas which impacted the Parks and Recreation budget. GARZINI replied that the system was working but it definitely needed fine tuning. KING welcomed Reilly as city clerk. BLATCHFORD voiced his hope to accomplish something positive for the Railroad Depot in the near future. KEIL stated that she hoped Chugach Alaska Corporation and the Qutekcak Native Tribe could work together to develop the Railroad Depot. She welcomed Reilly as city clerk and thanked Jones for her work during the interim period. CRANE stated that it was unfortunate that CAC and QNT could not come to terms to develop the Railroad Depot. He welcomed Reilly. ANDERSON welcomed Reilly as city clerk. She asked about and received a status report from Schrock on the lease negotiations for the shellfish hatchery. She requested that her council packets be delivered earlier than on Saturday. She noted that relocation of the tot lot and conversion to a parking area would provide revenue to the City. She noted that the controversy surrounding the tot lot on Third Avenue had brought forth an awareness of the need for play areas in city neighborhoods. City of Seward, Alaska City Council Minutes August 25 and 26, 1997 Volume 33, Page 142 BENCARDINO thanked Elaine Kincheloe for her service on the Planning and Zoning Commission. He was sorry to see the resolutions on the Railroad Depot fail, and he noted that the city needed to pursue development soon. He welcomed Reilly. CITIZENS' COMMENTS BOB SATIN, 425 4th Avenue, stated that the Council had selected a competent person for the city clerk position who was qualified and who had successfully sued the city and won. He stated that the reality of the situation was that there would be quite a learning curve and the training of the new city clerk by the deputy would need to be done quickly. He noted that the Council had budgeted to cut the deputy salary for FY 98 and reduce the position to an assistant level. He urged the Council to retain the deputy position and stop the damage that had already been done to Jones. He noted that she had just attended several meetings in her role as acting city clerk while the council hired someone else as city clerk and had kept her professional attitude and composure throughout those meetings. He further suggested retaining at least a 1/2 time employee in the department for the next six months to assist with the transition. KAREN SWARTZ, 706 Second Avenue, thanked the councilmembers who supported the QNT proposal. She expressed anger with the remaining councilmembers. She stated that QNT was the first entity to express interest in the Railroad Depot project. She reiterated earlier comments that QNT provided service to the community in the areas of health, housing, mental counseling services with SLAG, and the shellfish hatchery. She stated that QNT was very involved with the community, but on a low key basis. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS PATRICIA JONES, Acting City Clerk, responded to the Council, Mr. Satin, Mr. Reilly and the public that she was committed to providing the best service available to the public as an employee in the city clerk's department and she looked forward to continuing as Deputy City Clerk and working with the new city clerk. KEEL commented that there were several special interest people and groups that had come forward to complain when the process did not go their way, and she reminded the public that the council was obligated to act in the best interest of the pomrituhity, not special interest groups. ADJOURNMENT e The meeting was adjourned at 10:45 p.m. Patricia J. Jones, CMC Acting City Clerk City of Seward, Alaska City Council Minutes September 4, 1997 i'olume 32, Page143 I CALL TO ORDER The September 4, 1997 special meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY There was no pledge of allegiance to the flag. ROLL CALL There were present: Louis Bencardino, presiding, and Dave W. Crane Marianna Keil Jerry King comprising a quorum of the Council; and Rick Gifford, Acting City Manager Tylan Schrock, Assistant to the City Manager Dave Calvert, Manager of Engineering and Utilities Patrick Reilly, City Clerk ABSENT were: Margaret Anderson (excused) Edgar Blatchford (excused) Stirrit (Stu) Clark (excused) CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING JIM PRUITT, 2506 Maple Street, gave an overview of what he was seeking from the City Council in the way of an electrical rate from the City of Seward. Mr. Pruitt explained that he had until 3:00 p.m. on Friday, September 5, 1997 to change the utility rate in his favor in order to get the award of an Alaska Marine Highway System contract. Mr. Pruitt explained the current electric rate schedule that he is charged by the City of Seward for electricity supplied to the Seward Marine Industrial Center and compared that with the lower rate schedule offered in the Ketchikan shipyard. APPROVAL OF SPECIAL MEETING AGENDA MOTION (Crane/King) Approve the Special Meeting Agenda. City of Seward, Alaska City Council Minutes September 4, 1997 Volume 32, Page144 Keil spoke against approving the special meeting agenda because of the lack of notice supplied to the public. King suggested that the Council call the City Attorney to get his opinion regarding the legality of the meeting. A call was then placed to the home of City Attorney, Eric Wohlforth. Bencardino filled Wohlforth in on what had transpired up to this point in the meeting and that the Council was deciding whether or not to approve the special meeting agenda and was seeking legal advice on this topic. Wohlforth stated that he had read the Clerk's memo supplied for this meeting and agreed with the comments in that memo. Regarding the adequacy of notice, Wohlforth thought that it was possible that this issue may need a public hearing, in which case there would need to be a ten day notice to the public. Additionally, Mr. Wohlforth did not have enough information to draft a resolution, considering the complex nature of the electric rate issue. VOTE ON MOTION TO APPROVE AGENDA Motion Failed. YES: None NO: Bencardino, Crane, Keil, King 0 YES, 4 NO ADJOURNMENT The meeting was adjourned at 7:30 p.m . Patrick; / Louis encardino City C Mayor (City Sea) . j 4 tB: • S t F W ' City of Seward, Alaska City Council Minutes September 8, 1997 Volume 33, Page 145 CALL TO ORDER The September 8, 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. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Dave W. Crane Marianna Keil Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Eric Wohlforth, City Attorney Patrick Reilly, City Clerk ABSENT Stu Clark - excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Bencardino presented a plaque to Elaine Kincheloe in recognition of her service to the city on the Planning and Zoning Commission. Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley reported on the most recent Assembly Meeting. City Manager's Report. Garzini acknowledged that the city's lobbyist, Kent Dawson, was present at the meeting. Dawson briefly addressed the council and expressed his best wishes for Ron Garzini upon his departure from city service. Garzini noted that the City was on watch for possible flooding in the Resurrection area and in the vicinity of the Lowell Creek Tunnel and the Jap Creek area. He discussed his trip to Winchester, England, and introduced the Winchester City Manager David Cowan. Cowan stated that he was pleased to be in Seward and experience local government in the United States. He explained the government structure in the United Kingdom and the formal process used during meetings. City of Seward, Alaska City Council Minutes September 8, 1997 Volume 33, Page 146 Report from Electrical Sub - Committee on Shipyard electric rates. Garzini stated that it was bad public policy for a governmental entity to subsidize a business by lowering its electric rates to attract state business to the detriment of other competing businesses in the state. He referred to the fact that the City of Ketchikan had provided lower rates to the Ketchikan Shipyard to give it a competitive edge in bidding for state contracts on the ferry vessels. He distributed a draft letter that would be sent to Ketchikan objecting to the lower rates. The Council and administration discussed the issue. City Attorney's Report. Wohlforth reported that the Judge Link had issued a summary judgment in favor of the City on the main matters related to the property issues, including the election, in the McDonald/Wakefield litigation. He reported on the sales tax referendum petition, utility rates and other matters. Alaska SeaLife Center Update. Roe Sturgulewski stated that the construction was 80 percent complete and the targeted completion date was November 11. Fundraising was going well and permitting was on schedule. Providence Seward Medical Center. Mark Fineman gave an update on the construction of PSMC. He reported that January 18 was the substantial completion date. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. BRUCE SIEMINSKI, 213 Benson, Drive, spoke about the city clerk's rejection of his referendum petition to repeal Ordinance No. 571, sales tax. He was upset that there was no appeal process available except for the court. KATHY CLINE, 405 Fourth Avenue, spoke in support of Resolution No. 97 -152. She described the benefits of a convention center to the community. She noted that the Chamber was hosting the Meet the Candidates night on September 24 and 25 at AVTEC. BLAINE BARDARSON, 1308 Chamberlain, spoke in opposition to Resolution No. 97 -121. He stated that the information given on the property was inaccurate. He was concerned about the public process in disposing of city lands and noted that the appraisal seemed flawed. VERA CORCORAN, * *, spoke in favor of Resolution No. 97 -131. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Keil /Crane) Approve the Agenda and Consent Agenda. Motion Passed. Unanimous The Clerk read the following approved consent agenda items: City of Seward, Alaska City Council Minutes September 8, 1997 Volume 33 Page 147 L� Resolution No. 97 -149, approving Amendment No. 3, increasing the contract amount and extending the contract between the City of Seward and Derrald J. Hilderbrand dba DJH Meter Services, through September 30, 1998, was approved; Resolution No. 97 -151, authorizing bank signatures for the city bank accounts, was approved; Resolution No. 97 -152, approving an $8,000 matching contribution to the Seward Chamber of Commerce to match the Chamber's grant from the Department of Community and Regional Affairs to conduct the convention services research and feasibility study for the proposed Multi - Agency Facility and appropriating funds, was approved; Memorandum on the referendum petitions regarding sales tax issues was noted for information; and The October 7, 1997 Municipal Election Calendar was noted for information. 1 PUBLIC HEARINGS None. UNFINISHED BUSINESS Resolution No. 97 -140, authorizing the city manager to re -issue an RFP for the development and renovation of the Historic Seward Railroad Depot Reilly noted that this item had been tabled on August 26, 1997. No action was taken. Resolution No. 97 -121, authorizing the award of sale Lot 1, U. S. Survey 3294, to Pence Cardwell t Reilly noted that there was a motion for approval on the floor. Community Development Director Martin reviewed the recent history of the process used to sell the property. The Council discussed access issues related to neighboring property. VOTE ON MOTION Motion Failed. YES: Keil NO: Anderson, Bencardino, Blatchford, Crane ABSTAIN: King Resolution No. 97 -131, authorizing the award of sale of Lots 17 and 18, Block 22, Original Townsite of Seward, to Bill Hearn Reilly noted that there was a motion for approval on the floor. VOTE ON MOTION City of Seward, Alaska City Council Minutes September 8 1997 Volume 33, Page 148 Motion Passed. Unanimous NEW BUSINESS Resolution No. 97 -150, authorizing the City Manager to issue a Request for Proposals for the development of certain lands in Seward described as Small Boat Harbor South Launch Ramp, Small Boat Harbor South Breakwater, Seaview RV Park, Nash Road Scenic Bench, Seward Marine Industrial Center, Lowell Point Road Mooring Cell Tylan Schrock gave the background information on the development of certain city lands. MOTION (Crane/Keil) MOTION (King /Anderson) Approve Resolution No. 97 -150. Divide the question and vote on each separate property. Motion Passed. MOTION (Keil /Crane) Unanimous Issue RFP for development of Small Boat Harbor South Launch Ramp. Blatchford objected to issuing an RFP on any properties at this time because the community was moving too fast. King stated that the harbor was experiencing significant development and improvements so it was time to slow down the process in the harbor area. Crane agreed noting that it was premature to issue the RFP at this time. He preferred to wait until after the SeaLife Center was opened. Anderson did not support the development in the harbor area at this time. VOTE ON MOTION Motion Failed. YES: Bencardino NO: Anderson, Blatchford, Crane, Keil, King MOTION Issue RFP for development of Small Boat Harbor South Breakwater. The motion died for lack of a motion. MOTION (King/Bencardino) Motion Passed. Issue RFP for Seaview Beach RV Park. YES: Anderson, Bencardino, Crane, Keil, King NO: Blatchford City of Seward, Alaska City Council Minutes September 8, 1997 Volume 33 Page 149 I MOTION (Keil/Anderson) Issue RFP for Nash Road Scenic Bench. Motion Failed. MOTION (King/Keil) Motion Passed. MOTION (King /Crane) Motion Passed. YES: Anderson, Bencardino, Keil NO: Blatchford, Crane, King Issue RFP for Seward Marine Industrial Center Unanimous Issue RFP for Lowell Point Road Mooring Cell. YES: Anderson, Bencardino, Keil, King NO: Blatchford, Crane Mayor Bencardino asked Skip Barber to make a presentation regarding possible flooding in the area. This item was taken out of order. W. F. (Skip) Barber, DOT/PF, stated that it looked like the water was getting high so he was here to check the situation out. He noted that the rivers and creeks were not yet that high and there was currently no danger to life and property. He noted that the middle channel of the Resurrection River carried most of the water. He stated that the rip rap at the area was holding good. He stated that the Lowell Creek Tunnel needed to be watched closely because if it plugged up, the water would run right through town. He expressed his concern that the tunnel needed major work. Winter Tourism Committee. Mayor Bencardino appointed Mark Clemens, Jim McCracken, Dennis Perry, Richard Houghton, Brad Snowden and Barbara Fleming to the Winter Tourism Committee to work with the Chamber of Commerce to enhance winter tourism in the community. Update on Referendum petitions regarding sales tax issues. Keil asked which petition would be considered for a special election. Reilly stated that the referendum petition that was currently circulating was to repeal Ordinance No. 97 -19, related to the seasonal sales tax. He replied that the petition that was rejected sought to repeal Ordinance No. 571 which increased the sales tax from 1 percent to 3 percent in 1986. Reilly noted that if the two petitions were placed on the ballot together, it would be confusing to the voters because of several issues surrounding the taxes. Garzini stated that the issues together presented a confusing scenario. Wohlforth added that the issues should be handled sequentially rather than at the same time. COUNCIL COMMENTS BLATCHFORD noted that the population for Seward was noted at 2,999, similar to the population in 1950. City of Seward, Alaska City Council Minutes September 8 1997 Volume 33, Page 150 KEEL thanked Elaine Kincheloe for her service on Planning Commission. She noted that flood mitigation should be the city's number one priority at the federal and state level. CRANE thanked Kincheloe for her service and welcomed Mr. Cowan to the community. KING also thanked Mr. Cowan for his presentation on the workings of the British government and for volunteering to come to Seward. ANDERSON also welcomed Mr. Cowan. BENCARDINOthanked Mr. Cowan for the picture sent from the Mayor of Winchester. He stated that he had received several complaints on the sewer rates. Garzini replied that a report would be forthcoming at the next meeting regarding sewer rates. CITIZENS' COMMENTS BRUCE SIEMINSKI, 213 Benson, stated that his petition to refer Ordinance No. 571 to the voters was legal, and it was up to the city clerk to schedule the timing of the election so as not to confuse the voters on the two separate sales tax issues. He reiterated that the petition should have been approved, and the City was not giving the voters the right to vote. BLAINE BARDARSON, 1308 Chamberlain, thanked the council for voting not to sell the property to Pence Cardwell. He stated that the Council should review the conflict of interest guidelines. He was amazed that the city would spend so much money to protect the airport, but not private property in danger of flooding. BOB SATIN, 425 Fourth Avenue, discussed the harbor boardwalk leases and the potential for flooding. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned. Patrick Reilly „a;c City Clark' _:,° • °�• ;i �� r°. Zvi ^, (Cit S fj k�� City of Seward, Alaska City Council Minutes September 22, 1997 Volume 33 Page 151 I CALL TO ORDER The September 22, 1997 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY Lieutenant Brossow led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Edgar Blatchford Stirrat (Stu) Clark Dave W. Crane Marianna Keil Jerry F. King comprising a quorum of the Council; and Ronald A. Garzini, City Manager Patrick Reilly, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Bencardino presented a proclamation to Mark Beals in recognition of Emergency Nurses Day. Recognition of Ronald A. Garzini as City Manager. Mayor Bencardino presented a plaque to retiring City Manager Ronald Garzini in recognition of his service to the City. Garzini thanked the Council and noted how hard the Council works and his wonderful experiences with the Council. Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley reported on the most recent Assembly Meeting. City Manager's Report. Garzini discussed the report on Seward utility rates and refinancing of the ADEC loan that was included in the packet. He suggested holding a work session to discuss the mariculture facility. He suggested postponing action on Resolution No. 97 -157 related to a request by Jim Pruitt to lease additional land until after the council holds a work session. He further suggested rejecting the bid for the water and sewer lines to the Boardwalk Sites because the amount ' was much higher than the estimated cost. He noted that the library was awarded a grant for a library automation project which required a $4,407 city match of funds but the city funds were included in the `B" budget which was on hold pending the referendum on the sales tax. He also noted that the City did not have the funds to accomplish many projects that were included in the `B" budget at this City of Seward, Alaska City Council Minutes September 22 1997 Volume 33, Page 152 time, but he recommended approval of $4,000 because it leverages $23,000 from the state. Anderson requested a status report on the annual audit. Other Reports, Announcements and Presentations. Prince William Sound Regional Citizens Advisory Committee Update. Dennis Lodge, local representative, updated the Council on the most recent oil spill activities. He noted that although the spill was nine years ago there was still oil in Chenega and LaTouche Islands. He noted that measures were taken to ensure a much safer transport of oil today so there was less likelihood of a spill. He reported that two local firefighters had attended a symposium funded by RCAC to train in marine firefighting. He distributed a summary report on oil spill activities since 1989. Chamber of Commerce request for funds. Kathy Cline, Executive Director, Chamber of Commerce, gave a presentation regarding the request by the Chamber for the budgeted funds from the city to produce and distribute a Seward Visitor Brochure. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. JIM PRUITT, Maple Street, stated that although the Planning Commission had recom- mended lease of the entire managed property at SMIC, it was not the intent of Seward Ship's Drydock to lease all the land, only a portion. He noted that SSD would entertain the idea of leasing the entire parcel. He was upset about the letter from D. E. Wood that was included in the council packet and was concerned that the administration did not show any recommendation or rebuttal. DAVE DIECKGRAEFF, 222 North Star Circle, gave a report on school happenings. He reported on funding, reduced staff levels at the schools, school enrollment, sports programs, the grade school science fair and teacher exchange with Australia. Bob Boyle, Principal of the Grade School, answered questions from the Council. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Keit/Clark) Approve the Agenda and Consent Agenda. King moved Resolution No. 97 -158 to the regular meeting agenda. Anderson moved Resolutions No. 97 -151 and No. 97 -159 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: Resolution No. 97 -155, authorizing bank signatures for the city bank accounts, was approved; City of Seward, Alaska City Council Minutes September 22, 1997 Volume 33 Page 153 1 1 Resolution No. 97 -156, authorizing the city manager to submit an historic preservation matching grant application to the State of Alaska, Department of Natural Resources, was approved; Resolution No. 97 -160, authorizing a priority list for the FY 99 Municipal Capital Matching Grant Program, authorizing a request for grant funding and providing for the local matching share, was approved; The August 25/26 regular meeting minutes and the September 4, 1997 special meeting minutes were approved; Linda Sewall, Claudia Towsley, Sandra Wassilie and Sara Watsjold were appointed to the Canvass Board for the October 7, 1997 election; The City Manager Interview schedule was noted for information; and The update to the Chamber of Commerce Meet the Candidates Night was noted for information. PUBLIC HEARINGS None. RESOLUTIONS RECESS: The Council recessed at 9:15 p.m. and reconvened at 9:20 p.m. Resolution No. 97 -153, inviting Chugach Alaska Corporation to finalize a lease agreement for a parcel of land including the structure and improvements located at Lot 1, Waterfront Tracts, at 501 Railway Avenue, referred to as the Historic Seward Railroad Depot MOTION (Clark/Crane) MOTION (Keil/Anderson) Approve Resolution No. 97 -153. Amend Section 1 by inserting after Chugach Alaska Corporation in the first line, "with substantial participation by QNT" Anderson asked if Councilmember Blatchford had a conflict of interest on this issue. Councilmember Blatchford declared a conflict of interest. Mayor Bencardino ruled that Blatchford had a conflict and would abstain from debate of voting. VOTE ON AMENDMENT Motion Failed. YES: Anderson, Keil NO: Bencardino, Clark, Crane, King City of Seward, Alaska City Council Minutes September 22 1997 Volume 33, Page 154 ABSTAIN: Blatchford VOTE ON RESOLUTION Motion Passed. YES: Anderson, Bencardino, Clark, Crane, Keil, King ABSTAIN: Blatchford Resolution No. 97 -154, appointing Director of Finance & Administrative Services Rick Gifford as Acting City Manager beginning September 27, 1997 and ending with the appointment of the new city manager MOTION (Clark/Keil) Motion Passed. Approve Resolution No. 97 -154. Unanimous Resolution No. 97 -157, authorizing the City Manager to negotiate a lease with Seward Ship's Drydock for all land within the managed parcel at the Seward Marine Industrial Center as identified in the existing Maintenance and Operating Agreement with the City Garzini suggested postponement and a work session to discuss the proposed lease. MOTION (Anderson /Crane) MOTION (Crane /Clark) Motion Passed. Approve Resolution No. 97 -157. Postpone to October 13, 1997. Unanimous Resolution No. 97 -158, approving a contract with Metco, Inc., for installation of water and sewer lines to the Small Boat Harbor lease sites MOTION (King/Anderson) Approve Resolution No. 97 -158. Garzini urged the Council to reject the bid because some of the boardwalk lease participants were unhappy with the increased cost. He stated the goal would be to re -bid after re- engineering the proj ect. Motion Failed. Unanimous Resolution No. 97 -159, appropriating funds from the General Fund and the Harbor Enterprise Fund to Legal Subject Matter accounts established for the McDonald/Wakefield lawsuit MOTION (Crane /Clark) Approve Resolution No. 97 -159. City of Seward, Alaska City Council Minutes September 22, 1997 Volume 33, Page 155 t Anderson requested postponement until the city attorney was present. She cited the costs of the litigation. MOTION (Anderson /Crane) Motion Passed. Postpone until October 13, 1997. Unanimous COUNCIL COMMENTS BLATCHFORD enjoyed the reports from Dennis Lodge and Dave Dieckgraeff. He thanked Garzini and wished him and his family well. KEIL thanked Garzini for his services. CRANE thanked Garzini and his family. KING thanked Garzini and stated that he would miss his expertise in municipal government. 1 ANDERSON voiced her support for alternative tot lot sites. She thanked Mike Wiley for his service on the borough assembly. BENCARDINOstated that he had been at a meeting in Nikiski and it was interesting to look back in the past to see where Seward was in 1975. He thanked Garzini for his service and stated that it was a pleasure working with him. CITIZENS' COMMENTS TIM MCDONALD, Mile 2 Nash Road, discussed the RFP process regarding the Seward Forest Products site and stated that he and his partner had been frozen out of the process. He stated that it was logical to settle the lawsuit and issue an RFP immediately. JIM PRUITT, Maple Street, noted that Kenneth Mackey was the new General Manager at Seward Ship's Drydock. He wished Mr. Garzini well. ADJOURNMENT The meeting was adjourned at 10:02 p.m. Patrick Re City Clerk' Louis X. Bencardino L Mayor (City Seal)., City of Seward, Alaska City Council Minutes September 30, 1997 Special Meeting Volume 33, Page 156 CALL TO ORDER The September 30, 1997 special meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY The pledge of allegiance to the flag was waived. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Dave W. Crane Jerry F. King comprising a quorum of the Council; and Rick L. Gifford, Acting City Manager Brad Meyen, City Attorney Rob Johnson, City Attorney Patrick Reilly, City Clerk ABSENT Edgar Blatchford Stirrat (Stu) Clark Marianna Keil CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. TIM MCDONALD, Mile 2 Nash Road, explained that the litigation was a matter of principle. He felt that he was systematically excluded from the RFP process and felt that ongoing litigation would be expensive for all parties. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Crane /Clark) Approve the Agenda and Consent Agenda. Motion Passed. Unanimous NEW BUSINESS Executive Session to discuss litigation issues. City of Seward, Alaska City Council Minutes September 30, 1997 Special Meeting Volume 33, Page 157 t MOTION (Crane /Clark) Hold executive session to receive report from the city attorney and to give direction concerning litigation matters. Motion Passed. Unanimous Settlement discussion concerning the Wakefield/McDonald litigation matter. No motion was made on the issue. CITIZENS' COMMENTS COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 8:50 p.m. and the Council met in executve session to discuss litigation matters. Patrick Reilly City Clerk (City Seal) Louis A. Bencardino Mayor City of Seward, Alaska City Council Minutes October 10, 1997 Special Meeting Volume 33 Page 157 CALL TO ORDER The October 10, 1997 special meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Louis A. Bencardino. OPENING CEREMONY The pledge of allegiance to the flag was led by Councilmember Keil. ROLL CALL There were present: City of Seward, Alaska City Council Minutes October 10, 1997 Special Meeting Volume 33, Page 158 Louis A. Bencardino, presiding, and Margaret Anderson Stirrat (Stu) Clark Marianna Keil Jerry F. King comprising a quorum of the Council; and Yvette Welsh, Executive Assistant/Personnel Officer ABSENT Dave Crane CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. None APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Kell /Anderson) Approve the Agenda and Consent Agenda. Motion Passed. Unanimous NEW BUSINESS Executive Session to discuss and compare the qualifications and personal characteristics of the three City manager finalists (gary Bloomquist, Rick Eckert, and Glen Vernon), as they relate to the position of City Manager. MOTION (Anderson /Clark) Motion Passed. Hold executive session. Unanimous CITIZENS' COMMENTS COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 7:50 p.m. and the Council met in executve session to discuss qualifications and personal characteristics of the three City manager finalists. City of Seward, Alaska City Council Minutes October 10, 1997 Special Meeting Volume 33, Page 159 Patrick Reilly i Louis A. Bencardino City Clerk Mayor (City Seal) City of Seward, Alaska City Council Minutes October 13, 1997 Volume 33, Page 159 CALL TO ORDER The October 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 Councilmember Keil led the pledge of allegiance to the flag. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Stirrat (Stu) Clark Jerry F. King comprising a quorum of the Council; and Rick L. Gifford, Acting City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk ABSENT Dave W. Crane - excused Edgar Blatchford Marianna Keil SPECIAL ORDERS, PRESENTATIONS AND REPORTS City of Seward, Alaska City Council Minutes October 13, 1997 Volume 33, Page 160 Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Mike Wiley was not present. City Manager's Report. Gifford requested a work session to receive a presentation on the FY 1997 financial audit of the city from Mikunda Cottrell & Co. and to discuss a power contract with Chugach Electric Association. Gifford noted that the City of Seward received a certificate of achievement for excellence in financial reporting for fiscal year 1996 from the Government Financial Officer's Association. Gifford congratulated the City and the Finance Department for this award. City Attorney's Report. Meyen gave a brief report regarding his work on the Railroad Depot Lease and items related to the litigation related to the sawmill site. Other Reports, Announcements and Presentations. The Council was given an update on the progress of the Alaska SeaLife Center and the Providence Seward Medical Center construction. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. BRAD SNOWDEN, 525 Sixth Avenue, requested that the City Manager write a letter inviting Governor Knowles to Seward. Snowden hopes that Knowles could come to Seward prior to the next legislative session. Snowden spoke about a number of issues that he would hope the City of Seward and the Governor could address if the Governor came to Seward. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Anderson/Keil) Approve the Agenda and Consent Agenda. Clark moved Resolution No. 97 -162 to the regular meeting agenda. MOTION (Clark/Anderson) Hold executive session to discuss matters relating to pending litigation including the McDonald/Wakefi °Id v. City of Seward. Motion Passed. MOTION (Kell /Clark) Motion Passed. Unanimous Hold executive session to evaluate the city attorney. Unanimous VOTE ON MOTION TO APPROVE 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 October 13, 1997 Volume 33 Page 161 Resolution No. 97 -163, renewal of snow plowing and sanding services contract with Metco, Inc., for Lowell Point Road and Nash Road for the 1997 -98 winter season at a contract price of $8,000 and $20,000 respectively, was approved; Resolution No. 97 -164, accepting a $23,487 Municipal Capital Project Matching Grant award from the State of Alaska and appropriating the City matching requirement of $4,407 from the General Fund fund balance, was approved; Resolution No. 97 -167, authorizing the City Manager to disburse $20,000 in funds approved in the FY98 City of Seward Operating Budget to the Seward Chamber of Commerce for the production and distribution of a Seward Visitor Brochure, was approved; and The September 8, September 22 and September 30, 1997 meeting minutes were approved as written. PUBLIC HEARINGS Resolution No. 97 -161, approving a lease agreement for a parcel of land with Chugach Alaska Corporation, including structure and improvements, located at Lot 1, Waterfront Tracts, at 501 Railway Avenue, referred to as the Historic Seward Railroad Depot Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. MICHAEL BROWN, President, CEO, Chugach Alaska Corporation, addressed the Council regarding the lease agreement. ARNE HATCH, representing Qutekcak Native Tribe, spoke in support of the resolution. Bencardino ruled that Blatchford had a conflict of interest and would not vote or debate on the resolution. MOTION (Clark/Keil) Approve Resolution No. 97 -161. The Council held a lengthy discussion regarding the lease of the land and building, the rents paid and the appraisal process. Bencardino suspended the rules without objection from the Council and asked Chugach Alaska Corporation to comment on proposed amendments to the lease. PHIL BLUMSTEIN, Attorney for CAC, stated that he had no objection to amendatory language regarding the appraisal and rental of the property. MOTION (Clark/Anderson) Amend Section 3.2 of the Lease Agreement, Paragraph 3, by adding the second sen- tence, "Notwithstanding the appraised Fair City of Seward, Alaska City Council Minutes October 13 1997 Volume 33, Page 162 Motion Passed. VOTE ON MAIN MOTION Motion Passed. Market Value of the Leased Land as determined on any Rental Adjustment Date, the adjusted annual rental payment shall not be less than the annual rental payment in effect during the preceding five (5) year period. ABSTAIN: Blatchford YES: Anderson, Bencardino, Clark, Keil, King NO: None YES: Anderson, King NO: None Bencardino, Clark, Keil, Selection of City Manager finalist. ABSTAIN: Blatchford Notice of public hearing as posted and published was noted, and the public hearing was opened. BOB SATIN, 425 Fourth Avenue, stated that the Council had selected three strong finalists for the city manager position. He offered his assistance with the negotiation process stating that this would send a strong message to the city manager finalist and the public that the outgoing council and the incoming council were involved in the city manager selection process. MOTION (Anderson/Keil) Enter into negotiations with Rick Eckert for the position of city manager. Motion Passed. Unanimous Bencardino appointed a committee consisting of Stu Clark, Jerry King, Yvette Welsh and Bob Satin to negotiate a contract with Rick Eckert. UNFINISHED BUSINESS Resolution No. 97-157, authorizing the City Manager to negotiate a lease with Seward Ship's Drydock for all land within the managed parcel at the Seward Marine Industrial Center as identified in the existing Maintenance and Operting Agreement with the City. Reilly noted that there was a motion for approval on the floor. City of Seward, Alaska October 13, 1997 1 MOTION (King/Keil) City Council Minutes Volume 33, Page 163 Postpone to the October 27, 1997 regular meeting. Clark spoke in favor of defeating the resolution at this time, rather than to postpone. Clark felt it would be best for the administration to negotiate with Seward Ship's to see what they would like to do. VOTE ON MOTION Motion Passed. Resolution No. 97 -159, appropriating funds from the General Fund and the Harbor Enterprise Fund to Legal Subject Matter accounts established for the McDonald/Wakefield lawsuit Reilly noted that there was a motion for approval on the floor. t Meyen replied to Anderson's questions regarding attorney costs. Anderson expressed concern over litigation fees for this issue. VOTE ON MOTION Motion Passed. NEW BUSINESS Resolution No. 97 -162, authorizing the Acting City Manager to approve payment to Frontier Paving in the amount of $25,776 for paving of Lowell Canyon Road MOTION (Clark/Keil) YES: Bencardino, Blatchford, Keil, King NO: Anderson, Clark Unanimous Approve Resolution No. 97 -162. Clark explained his reasons for pulling Resolution No. 97 -162. Clark referenced Seward City Code §6.10.210, Use of Competitive Bids, and 6.10.310, Alternative Procurement Procedures. Clark explained that it was not his intention to delay payment of this bill, but rater to explain that the code procedures were not followed in this case and that he expected the proper procedures to be followed in the future. Acting City Manager Gifford explained that he was not the city manager during the period that this contract was let, but he had discussed this issue with the department head and it was duly noted for the future. VOTE ON MOTION City of Seward, Alaska City Council Minutes October 13, 1997 Volume 33, Page 164 Motion Passed. Unanimous Resolution No. 97 -165, approving a contract with Metco Inc., for installation of water and sewer lines to the Small Boat Harbor Lease Sites and appropriating funds MOTION (Clark/Anderson) Motion Passed. Approve Resolution No. 97 -165. Unanimous Resolution No. 97 -166, authorizing the City Manager to enter into negotiations with Cook Inlet Processing for the purpose of expanding the current lease site identified in city records as Lease 94 -085, Parcels A and B MOTION (Clark/Keil) Approve Resolution No. 97 -166. MOTION (Anderson /Clark) Amend by adding the following language to the Whereas clauses and Section 1: A. Modifying the lease agreement to ensure access across the dock for other than CIP vessel users. B. Lessee funding development of an alternate access to the Travelift, shiplift and existing lease sites. C. Lessee funding any necessary replatting associated with the requested lease expansion; VOTE ON AMENDMENT Motion Passed. Unanimous VOTE ON MAIN MOTION Motion Passed. Unanimous Certification of the October 7, 1997 Municipal Election. MOTION (King/Clark) Certify the October 7, 1997 Municipal Election. Clark discussed the document that was signed by I 1 voters asking that the City Council order an investigation into allegations of campaign misconduct surrounding a campaign flyer that came out shortly prior to the election. Clark read the total document for the public. MOTION (Anderson/Keil) Postpone until special meeting at 7:00 p.m. October 16, 1997. City of Seward, Alaska City Council Minutes October 13, 1997 Volume 33. Pare 165 t 1 Motion Passed. YES: Anderson, Bencardino, Blatchford, Clark, Keil NO: King Sales Tax Issues. Anderson discussed the petition that was taken out by Bruce Sieminski that challenged the seasonal sales tax and the City Attorney's responses to her questions on this issue. Appointment of Planning and Zoning Commissioner. MOTION (Anderson /Clark) Appoint Kristi Larson to the vacant seat on the Planning and Zoning Commission for a term to expire February 1999. Motion Passed. COUNCIL COMMENTS Unanimous BLATCHFORDsaid it was not his intent to change the election results but he did feel that it was important to respond to what the citizens in the petition were asking. KEII.presented gag gifts to the outgoing council. Keil stated that the election charges were serious and should be viewed as serious. CLARK congratulated the financial department for the award that was given to the department. He congratulated the newly elected mayor and councilmembers. ANDERSON gave credit to our federal lobbyists for their efforts in D. C. and congratulated the finance department. She expressed appreciation in working with the city staff and welcomed the newly elected councilmembers and offered her support and assistance. BENCAR.DINO congratulated the City Finance Department and thanked Senator Stevens for his work on getting money for Seward's Railroad Dock. Bencardino gave an update on efforts to keep the Alaska State Ferry coming to Seward. CITIZENS' COMMENTS TIM MCDONALD, Mile 2 Nash Road, spoke regarding the Seward Forest Sawmill litigation. WES JONES, Mile 23 Seward Highway, stated that he never received any letter from the Division of Elections Director Ms. Stout. Jones disagreed with Stout's theory that no laws were broken. TONY ROMO, Mile 1.7 Nash Road, complained about the poor sound system in the council chambers. City of Seward, Alaska October 13, 1997 City Council Minutes Volume 33, Page 166 BRAD SNOWDEN, 525 Sixth Avenue, thanked the outgoing councilmembers for their time they gave to Seward. Snowden again asked that the Council give direction to the administration to send a letter to our governor. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ANDERSON noted that Seward's legislative priorities should be placed before the State Administration prior to the legislature going into session in January. ADJOURNMENT The meeting was adjourned at 11:00 p.m. Patrick Reilj�.`.•;;a�;' City Clerk;.' (City Seal City of Seward, Alaska City Council Minutes October 16 1997 Volume 33, Page 166 CALL TO ORDER The October 16, 1997 special meeting of the Seward City Council was called to order at 7:00 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 Edgar Blatchford Marianna Keil Jerry F. King comprising a quorum of the Council; and City of Seward, Alaska City Council Minutes October 16, 1997 Volume 33, Page 167 Cheryl Brooking, City Attorney (participation by telephone) Brad Meyen, City Attorney (participation by telephone) Patrick Reilly, City Clerk ABSENT Clark - excused Crane- excused CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. WEVLEY SHEA, attorney, 329 F Street, Anchorage, addressed the Council regarding election practices in the recent election. APPROVAL OF AGENDA MOTION (AndersonBlatchford) Approve the Agenda. MOTION (Anderson/Keil) Reverse Items A. and B. Motion Passed. YES: Anderson, Bencardino, Blatchford, Keil NO: King VOTE ON AGENDA AS AMENDED Motion Passed. Unanimous Election contest challenge to October 7, 1997 General Municipal Election. At request of Anderson, Reilly read October 15, 1997 letter from City Attorney Brad Meyen. Council and attorney comments regarding lack of notarized signatures in the petition that was filed contesting the election. Some proposed language was presented regarding how best to proceed with an investigation into the election. Reilly read Resolution 97 -168 that he drafted. Resolution No. 97 -168, calling for an investigation into alleged campaign violations asserted in the election contest notice pertaining to the October 7, 1997 Municipal Election MOTION (AndersonBlatchford) Approve Resolution No. 97 -168. King expressed concern that this resolution presented by the Clerk was not available to the public beforehand. Reilly explained that there was sufficient public notice on this issue and that the City of Seward, Alaska City Council Minutes October 16, 1997 Volume 33, Page 168 Council was free to draft a resolution, or pass any statement pertaining to the issue that was noticed for tonight's meeting. MOTION (Anderson/Keil) Motion Passed. MOTION (Keil /Anderson) VOTE ON AMENDMENT Motion Passed. Amend by adding that the findings of the Alaska State Troopers will be forwarded to the State Division of Elections, the Alaska Public Offices Commission and the District Attorney. Unanimous Amend the sixth Whereas clause by adding, "and any other corrupt election practices." YES: Anderson, Bencardino, Blatchford, Keil NO: King Certification of October 7, 1997 Municipal Election. MOTION (Anderson/King) Motion Passed. The results of the election were certified as follows: Regular Ballots Mayor (1 to be elected) BENCARDINO, Louis A. SATIN, Bob City Council (3 to be elected) ORR, Nathan GAGE, Marie A. SNOWDEN, Brad SHOTT, Michael W. KEIL, Marianna C. ANDERSON, Margaret Certify the October 7, 1997 Municipal Election. YES: Anderson, Bencardino, Keil, King NO: Blatchford 224 47 271 395 36 431 319 44 363 331 44 375 117 13 130 136 12 148 177 34 211 198 30 228 City of Seward, Alaska City Council Minutes October 16, 1997 Volume 33, Page 169 CALHOON, Michael B. 197 23 220 CALLAHAN, Patrick J. 329 35 364 Proposition No. 1 Amend City Charter Section 4.8 YES 398 48 446 NO 163 15 178 Proposition No. 2 Amend City Charter Section 3.6A YES 341 34 375 NO 224 29 253 TOTAL VOTES CAST: 651 91 742 TOTAL VOTES COUNTED: 651 85 736 COUNCIL COMMENTS None. CITIZENS' COMMENTS WES JONES, Mile 23, Seward Highway, thanked the Council for taking this action, expressed appreciation that the Council would allow an independent body to examine the election allegations and Jones would remain available to answer any questions. WEVLEY SHEA, attorney, 329 F. Street, Anchorage, expressed his opinion that the City Attorney was wrong and the City should not certify this election. MIKE WILEY, 219 6�' Ave, Seward, wondered why Mr. Shea was in Seward. Wiley spoke in favor of certifying the election in view of the resounding vote to replace the current councilmembers. PATRICK L. STERLING, Slip D -9, Seward Harbor, stated that people voted for change. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned. City of Seward, Alaska City Council Minutes October 16, 1997 Volume 33, Page 170 Patrick N City Clc • o (City Sea City of Seward, Alaska City Council Minutes October 23, 1997 Special Meeting Volume 33, Page 170 CALL TO ORDER The October 23, 1997 special meeting of the Seward City Council was called to order at 7:00 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 Stirrat (Stu) Clark Marianna Keil comprising a quorum of the Council; and Rick Gifford, Acting City Manager Brad Meyen, City Attorney Yvette Welsh, Personnel Officer Patrick Reilly, City Clerk ABSENT Dave Crane - excused Edgar Blatchford Jerry F. King CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. None. APPROVAL OF AGENDA AND CONSENT AGENDA City of Seward, Alaska City Council Minutes October 23, 1997 Special Meeting Volume 33, Page 171 MOTION (Anderson /Clark) Approve the Agenda. Motion Passed. Unanimous UNFINISHED BUSINESS Resolution No. 97 -168, calling for an investigation into alleged campaign violations asserted in the election contest notice pertaining to the October 7, 1997 municipal election Reilly explained that there was some concern that there was some uncertainty that Resolution No. 97 -168 was passed by the Council. Reilly gave the procedural history of this resolution. Keil spoke about the newspaper article in today's Phoenix Log and stated that it was not her intent to investigate the people who wrote letters to the editor or to investigate the newspaper. Anderson wanted to reemphasize the passage of this resolution and asked for another vote to reaffirm the Council's position on this issue. MOTION (AndersonBlatchford) Reaffirming that Resolution No. 97 -168 was approved at the October 16, 1997 meeting as amended at that meeting. VOTE ON MOTION Motion Passed. YES: Anderson, Bencardino, Blatchford, Clark, Keil NO: King NEW BUSINESS Resolution No. 97 -169, approving an employment agreement with Rick Eckert for City Manager services MOTION (Anderson /Clark) Approve Resolution No. 97 -169. An update was given by Yvette Welsh. There was discussion on continuation of this council meeting in order to allow the negotiating committee to continue negotiations with Rick Eckert. Council decided that this council meeting would be adjourned to continue the city manager selection process to 5:30 p.m. on October 27, 1997. COUNCIL COMMENTS City of Seward, Alaska City Council Minutes October 23, 1997 Special Meeting Volume 33, Page 172 BENCARDINOspoke regarding the Canyon Creek Bridge dedication at the Hope turn -off area of the Seward Highway. CITIZENS' COMMENTS TIM MCDONALD, Mile 2 Nash Road. Discussed issues surrounding the investigations into the recent election. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned to Monday, October 27, 1997 at 5:30 p.m. Patrick Reill y V ; .. 01 r�•.� '. ouis I City Clerk ms's, Mayor •� ®; Z' �+ n w (City Seal) CI 'S City of Seward, Alaska City Council Minutes October 27, 1997, Special Meeting Volume 33, Page 172 CALL TO ORDER The continuation of the October 23, 1997 special meeting of the Seward City Council was called to order on October 27, 1997 at 5:30 p.m. by Mayor Louis A. Bencardino. ROLL CALL There were present: Louis A. Bencardino, presiding, and Margaret Anderson Stu Clark Marianna Keil Jerry F. King comprising a quorum of the Council; and City of Seward, Alaska City Council Minutes October 27 1997 Special Meeting Volume 33, Page 173 1 L _--j Rick Gifford, Acting City Manager Tylan Schrock, Assistant City Manager Yvette Welsh, Personnel Manager Patrick Reilly, City Clerk ABSENT were: Edgar Blatchford - excused Dave Crane - excused Motion to approve Resolution 97 -169 approving an employment agreement with Rick Eckert for City Manager services, is on the floor for discussion. WELSH gave an update on negotiations. t BENCARDINO stated that he spoke with Eckert and he is no longer interested in the position. Motion Failed Yes: None No: Anderson, Bencardino, Blatchford, Clark, Keil, King 0 Yes, 6 No COUNCIL DISCUSSION ANDERSON stated that it would be the new council's responsibility to continue the selection process in any manner that they chose. KEIL thought it best that the new council meet with a short list of applicants. IONGstated that he would add the city manager selection issue on tonight's regular meeting agenda for discussion purposes. CLARK expressed regret that the council could not come to terms with Eckert. t ANDERSONstated that out of the 67 applicants for the position, the council had picked out four others that was believed to merit an interview. BENCARDINOstated that it was important to pick the right person because they all looked good until they get here. ADJOURNMENT The meeting was adjourned at 6:00 p.m. City of Seward, Alaska City Council Minutes October 27 1997 Special Meeting Volume 33, Page 174 Patrick City Cb (City elPl a r .. w City of Seward, Alaska City Council Minutes October 27 1997 Volume 33, Page 174 CALL TO ORDER The October 27, 1997 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. 'Bob" Satin. OPENING CEREMONY Police Chief Walker led the pledge of allegiance to the flag. SEATING OF THE NEW COUNCIL Outgoing Mayor Louis A. Bencardino presented certificates of election to newly elected Mayor Lowell R. 'Bob" Satin and newly elected Councilmembers Patrick J. Callahan, Marie A. Gage, and Nathan Orr. City Clerk Patrick Reilly administered the oath of office to each new member and they took their seats at the dais. ROLL CALL There were present: Lowell R. 'Bob" Satin, presiding, and Edgar Blatchford Marie A. Gage Patrick J. Callahan Jerry F. King Stirrat (Stu) Clark Nathan Orr comprising a quorum of the Council; and Rick Gifford, Acting City Manager Tylan Schrock, Assistant to the City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk Kristin Erchinger, Controller City of Seward, Alaska City Council Minutes October 27, 1997 Volume 33, Page 175 Yvette Welsh, Personnel Officer SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Satin presented a gold pan to Louis Bencardino in recognition of two years of service as a Mayor and four years of service as a Councilmember. Mayor Satin presented a plaque to Margaret Anderson in recognition of her four years of service as a Councilmember. Mabel Towsley, representing Qutekcak Native Tribe, presented T -shirts to the outgoing councilmembers. Introduction of Teen Council/Proclamation, Red Ribbon Week. Satin read a proclamation proclaiming October 23 - October 31 as Red Ribbon Week and urged the community to support a drug -free lifestyle. The Seward Teen Council was introduced and they distributed red ribbons to the Council and Administration. Satin thanked the Seward Elks for their involvement in this worthy endeavor. Borough Assembly Report. No report. City Manager's Report. Gifford welcomed the new Mayor and Councilmembers. Gifford gave a report and update on the October 14, 1997 electrical outage. Dave Calvert, Engineering & Utilities Manager, answered questions from the council. Gifford proposed work sessions for City Council Orientation, FY 98 budget overview, rules of council procedure and the Open Meetings Law. City Attorney's Report. Meyen welcomed the new Mayor and Councilmembers. Meyen updated the council on the Railroad Depot lease and closing matters related to the sawmill site. Other Reports, Announcements and Presentations. Seward Attorney Dennis Wheeler, representing Tim McDonald and Leo Wakefield, gave a presentation regarding the McDon- ald/Wakefield v. City of Seward litigation. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. JACK SCOBY, Meridian Park, spoke in favor of Resolution 97 -170. He stated that the floating dock would help alleviate downtown parking problems and assist the downtown business community. BRAD SNOWDEN, III 6th Ave, Seward, spoke in favor of the floating dock concept, but expressed concerns that there was (1) no request for proposals for this project, (2) concerned about the ownership of the floating dock and (3) unsure what uplands were involved. City of Seward, Alaska City Council Minutes October 27, 1997 Volume 33, Page 176 MARGARET ANDERSON, 1125 Park Place, Seward, spoke in favor of Resolution 97 -172, establishing the State legislative priority list and in support of Resolution 97 -173, establishing the Federal legislative priority list. WILLARD DUNHAM, Alder and Dimond, Forest Acres, Seward, spoke in favor of Resolution 97 -170, and explained that this project was a continuation of the SeaLife Center plans to accommodate the number of visitors expected to attend the Center. TOM TOUGAS, 1907 Dora Way, Seward, spoke in favor of Resolution 97 -170 and explained how this proposal arose and the need for this floating dock. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (King/Clark) Approve the Agenda and Consent Agenda. Discussion of recruitment of a new city manager was added under New Business. Satin removed Resolution No. 97 -171 and Resolution No. 97 -174 from the consent agenda. Gifford requested Resolution No. 97 -176 as an addition to the agenda. MOTION (King /Clark) Meet in executive session regarding current litigation in the Wakefield/McDonald v. City of Seward litigation. Motion Passed. Unanimous VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed. Unanimous The Clerk read the following approved consent agenda items: Resolution 97 -175, authorizing the destruction of the ballots from the October 1996 regular municipal election, was approved; Report of purchases between $5,000 to $10,000 was noted; Informational item regarding new liquor license application within the City of Seward applied for by Oriental Garden Restaurant, Young Shik Yoo and Kyung Ok Yoo. UNFINISHED BUSINESS City of Seward, Alaska City Council Minutes October 27, 1997 Volume 33 Page 177 t Resolution No. 97 -157, authorizing the City Manager to negotiate a lease with Seward Ship's Drydock for all land within the managed parcel at the Seward Marine Industrial Center as identified in the existing Maintenance and Operating Agreement with the City Reilly noted that there was a motion for approval on the floor. VOTE ON MOTION Motion Failed. Yes No: NEW BUSINESS O Yes, None Blatchford, Callahan, Clark, Gage, King, Orr, Satin 7 No Resolution No. 97 -170, authorizing the City Manager to enter into negotiations with Kenai Fjord Tours, Ltd. for the purpose of developing a floating dock complex at the Alaska SeaLife Center t MOTION (Clark/King) MOTION (Clark/Callahan) Motion Passed. Approve Resolution No. 97 -170. Postpone and set for public hearing at the next regular meeting. Unanimous Resolution No. 97 -171, approving a contract between the City of Seward and the U.S. Immigration and Naturalization Service under which the Seward Community Jail will provide space for Federal prisoners arrested in the Seward are for violations of Immigration Law MOTION (Clark/Orr) Motion Passed. Approve Resolution No. 97 -171. Unanimous Resolution No. 97 -172, establishing State legislative projects and setting priorities MOTION (Orr /Satin) Approve Resolution No. 97 -172. ' Satin spoke in favor of Resolution 97 -172 and stated that the slow growth language in the press that was attributed to him was fiction. Satin favored planned development, not slow growth. City of Seward, Alaska October 27. 1997 MOTION (King /Clark) Amendment Passed. Motion Passed. City Council Minutes Volume 33, Page 178 Amend to add omitted number 4, Seward Highway Mile 0 -8 Improvements Accelera- tion, and add item number 10, to continue funding for the Alaska Vocational Techni- cal Center. Unanimous Yes: Blatchford, Callahan, Clark, King, Orr, Satin No: Gage 6 Yes, 1 No Resolution No. 97 -173, establishing Federal legislative projects and setting priorities MOTION (King/Clark) Approve Resolution No. 97 -173. Clark expressed concern about the recent changes to language in the appropriations bill in the proposed federal legislation that would require the City to own the proposed multi- agency facility and have tenants lease sites. Satin stated that this resolution could be changed in the fixture as more public hearings were held and more public input received. Satin spoke that money from the federal government would only be available if the City (1) finance (2) construct (3) own and (4) operate the facility. Assistant City Manager Tylan Schrock spoke in favor of the resolution in the hopes of getting the design money for the facility at this time. Satin asked that the minutes reflect that at least two members of the Council expressed concern about the language requiring the City to own and operate the whole multi- agency facility. Motion Passed. Yes: Blatchford, Clark, King, Orr, Satin No: Callahan, Gage 5 Yes, 2 No Resolution No. 97 -174, adopting an alternative allocation method for the fiscal year 1998 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 MOTION (Orr /Clark) Approve Resolution No. 97 -174. Motion Passed. Unanimous City of Seward, Alaska October 27, 1997 City Council Minutes Volume 33, Page 179 ' Resolution No. 97 -176, authorizing the Acting City Manager to pay Metco, Inc. $13,031.26 for equipment, manpower, and services rendered to save the waterfall bridge during the week of September 7, 1997 and appropriating $13,031 from the General Fund Fund Balance MOTION (Clark/Orr) Motion Passed. Approve Resolution No. 97 -176, Unanimous OTHER NEW BUSINESS ITEMS October 13, 1997 and October 16, 1997 meeting minutes. MOTION (Satin /Clark) Postpone to the next regular meeting. Discussion and update of the city manager selection. Yvette Welsh, Personnel Officer, gave an update on the City Manager selection process and discussed the Council's options. Welsh relayed to the Council that candidate Rick Eckert did not reach an agreement regarding the terms of his contract with the previous council and it was now up to the current Council regarding how they wish to proceed. The Council agreed to set up a work session for Thursday, October 30, to continue the City Manager selection process. Reschedule of the November 10, 1997 city council meeting. Most of the Councilmembers planned to attend the Alaska Municipal League Conference in Ketchikan and would be unavailable for a November 10 meeting in Seward. Council rescheduled the November 10 meeting to Thursday, November 6 at 7:30 p.m. Election of Vice Mayor. Orr nominated King as Vice Mayor. Satin seconded. There were no further nominations. Motion Passed. Unanimous Mayoral Appointments. Satin made the following appointments, confirmed by the Council, with terms to expire in October 1998: Planning Commission Liaison — Councilmember King Council representative to the KPB/EDD — Satin, alternative Orr COUNCIL COMMENTS Due to the lateness of the hour, and in order to allow Citizen's Comments, council chose not to speak at this time. CITIZENS' COMMENTS City of Seward, Alaska City Council Minutes October 27, 1997 Volume 33, Page 180 JACK SCOBY, Meridian Park, spoke as president of the Alaska SeaLife Center Board and invited Councilmembers for tours of the facility or to ask questions as they arise. WILLARD DUNHAM, Alder and Dimond, stated that the Arctic Research Vessel was at a critical state of federal funding. BRAD SNOWDEN, 525 5' Ave, noticed that during his campaign for a council seat that many issues of the City of Seward go beyond city limits and spoke in favor of getting an advisory person on the Council to represent mile 3 -12. Snowden also spoke in favor of getting the Seward Airport on the FAA airport list. DENNIS WHEELER, Lake Drive, gave additional comments regarding the McDon- ald/Wakefield litigation. MARGARET ANDERSON, 1125 Park Place, spoke in favor of re- opening the City Manager process and urged the Council to take their time in selection of the City Manager. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ORR expressed his thanks to outgoing members of council for their time, particularly Councilmember Anderson. SATIN stated that the last 20 days had been interesting and that democracy does work in Seward. KING welcomed the four new Councilmembers and thanked the outgoing members. ADJOURNMENT The meeting was adjourned at 11:00 p.m. I Vatri ck Reilly'- City X C'l d clF ;. a (City �e�i) —r � � R r T t. C�Z�� e Lowell R. Satin Mayor City of Seward, Alaska City Council Minutes November 6 1997 Volume 33, Page 181 I CALL TO ORDER The November 6, 1997 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. "Bob" Satin. OPENING CEREMONY Kenai Peninsula Borough Assemblymember O'Brien led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell R. "Bob" Satin, presiding, and Edgar Blatchford Marie A. Gage Patrick J. Callahan Jerry F. King Stirrat (Stu) Clark Nathan Orr comprising a quorum of the Council; and Rick Gifford, Acting City Manager Patrick Reilly, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Borough Assembly Report. KPB Assemblymember Pat O'Brien expressed appreciation and presented former Assemblymember Mike Wiley with a plaque. O'Brien reported on the most recent Assembly meeting. He noted that he was appointed as the Assembly's School Board Representative and to the Land Use Planning Committee. City Manager's Report. Gifford have a report on the proposed multi- agency facility meeting that was held earlier in the day. He recommended that at some point there would be a council work session between the group working on the multi- agency facility and the City Council. Gifford mentioned that he, along with Assistant City Manager Tylan Schrock, would be in Ketchikan next week for the Alaska Municipal League Conference. He also asked City Engineer, Dave Calvert, to give an update on the electrical power outage that recently occurred. Mr. Calvert received the support of the Council to proceed with the expenditure of approximately $37,000 to repair a 69KV switch and a pole located next to it. City Attorney's Report. None. Other Reports, Announcements and Presentations. Jim Mackin, Division of Emergency Services for the State of Alaska, gave a report on a multi- agency task force that was formed to resolve flooding problems associated with the Japanese Creek and Resurrection River, Mr. Mackin City of Seward, Alaska City Council Minutes November 6, 1997 Volume 33, Page 182 introduced Phil Carpenter of the Federal Emergency Management Agency. Mackin and Carpenter responded to questions from the Council. Mackin and Carpenter asked for local endorsement for the flood project. There was a consensus of the Council to support this project. Alaska SeaLife Center Update. Roe Sturgulewski updated the Council on construction and offered tours of the facility to new councilmembers. Mr. Sturgulewski stated that the facility would be substantially completed between December 8 -15. February 5, 1998 was the contractual completion date. Providence Seward Medical Center Update. Mark Fineman, Hospital Construction Manager, updated the Council on the construction of the medical facility. Fineman offered tours of the medical facility to the new councilmembers. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. MARK LUTTRELL, Camelot Subdivision, Boardmember of Kachemak Heritage Land Trust, (KHLT) explained the mission statement of KHLT and spoke in favor of the flood mitigation plan that was presented earlier in the evening. GARY SAMPSON, Forest Acres, spoke in opposition to Resolution No. 97 -172. Sampson was opposed to private prison development. Sampson presented the Council with a petition signed by Seward area residents who were opposed to private prison development. BRAD SNOWDEN, 525 6th Avenue, quoted from the book "All I Ever Needed to Know I Learned in Kindergarten." APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (King /Clark) Approve the Agenda and Consent Agenda. Motion Passed. Unanimous The Clerk read the following approved consent agenda items: October 13 and 16 meeting minutes. PUBLIC HEARINGS Resolution No. 97 -170, authorizing the City Manager to enter into negotiations with Kenai Fjord Tours, Ltd. for the purpose of developing a floating dock complex at the Alaska SeaLife Center Gifford gave an overview of Resolution 97 -170 and suggested a work session after getting public input and prior to coming back to the Council for any approval of the floating dock complex. City of Seward, Alaska City Council Minutes November 6, 1997 Volume 33, Paee 183 t 1 Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. TOM TOUGAS, 1907 Dora Way, spoke on behalf of Kenai Fjord Tours. Tougas updated the Council on how this proposed project came to be and welcomed this process as a way to begin negotiations and to bring out issues as early as possible. Tougas introduced Tim Lowe, the designer of the dock. Tougas responded to questions from the Councilmembers. BRAD SNOWDEN, 525 6th Ave, spoke in favor of this project but expressed concern and caution. Snowden was concerned that Seward would be consumed by a large corporation and requested that the Council pay attention to the details of any contract that was agreed upon. EDWARD FENWICK, 430 3rd Ave, expressed concern that there would be an exemption from published tariffs; that there was no request for proposals for this project; wondered how many permits would be allowed for use of the dock and concerned about the windy area by the dock. BRUCE SIEMINSKI, Jesse Lee & Benson, spoke in favor of Resolution 97 -170 and noted that there was a letter from the Downtown Merchants in support of this project. No one else requested to be heard and the public hearing was closed. MOTION (Orr/King) Approve Resolution 97 -170. Clark expressed concern that there was not more public comment. Clark noted that there was a letter from Major Marine Tours that supported the building of this dock and that Major Marine Tours was not interested in building the dock. Callahan thought Tougas had a good concept with this dock and suggested work sessions to improve on the concept. Callahan had questions about tariffs and the need for handicap access. Gage agreed with Callahan and noted that there was a letter from Pat Rowe that expressed some concerns about this project. Gage expressed interest in a work session. King supported the concept of the dock, but did not think the City should be involved in the management of the dock. Orr encouraged the public to attend work sessions on this issue. 1 Blatchford raised a concern that there may not be room for another dock in this area, expressed concern about parking and did not want this project to restrict access to the Iditarod Trail. VOTE ON MOTION TO APPROVE RESOLUTION Motion Passed. Unanimous City of Seward, Alaska City Council Minutes November 6 1997 Volume 33, Page 184 Resolution No. 97 -177, approving Amendment No. 2 to the Cooperative Agreement between the City and the Alaska Department of Fish and Game, and a third amendment to the agreement for the financing, construction, operation and maintenance of the Alaska SeaLife Center between the City and Seward Association for the Advancement of Marine Science. MOTION (Clark/Orr) Approve Resolution 97 -177. [Note: Motion was made prior to public hearing]. Darryl Schaefermeyer, 214 Bluefield Drive, Project Manager for the Alaska SeaLife Center, spoke in favor of and gave an overview of Resolution No. 97 -177 to the Council and responded to its questions. In response to a question from Clark, Schaefermeyer stated that the Exxon Valdez Oil Spill Trustees Council did not allow administration fees for this project. Gifford stated that there was little administrative overhead with this project. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. Reilly noted that Darryl Schaefermeyer was the only person signed in and he had already spoken. No one else requested to be heard and the public hearing was closed. VOTE ON MOTION Motion Passed. Unanimous Resolution 97 -178, approving a Cooperative Agreement for temporary space use between the City and the State of Alaska Department of Fish and Game, providing for use of space in the Mariculture Technical Center, and authorizing the assignment of the City's interest under the Agreement to Seward Associa- tion for the Advancement of Marine Science. Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. DARRYL SCflAEFERMEYER, 214 Bluefield Drive, Project Manager for the Alaska SeaLife Center, spoke in favor of and gave an overview of Resolution 97 -178 to the Council and responded to their questions. Schaefermeyer introduced Les Thomas, Assistant Director of Aquatics for the Alaska SeaLife Center, who answered additional questions from councilmembers. No one else requested to be heard and the public hearing was closed. MOTION (Clark/King) Approve Resolution 97 -178. City of Seward, Alaska City Council Minutes November 6, 1997 Volume 33 Page 185 Satin requested, and received consent from Clark and King, to insert the word "temporary" before the word assignment on the fourth line of the heading in the resolution. [Note: The above request would properly be considered as an amendment to the motion which would need a second and a vote by the council. Mayor Satin indicated at the meeting that the word "temporary" would be inserted in the title of the resolution, and there was no objection voiced by any councilmember]. VOTE ON MOTION TO APPROVE RESOLUTION WITH THE ABOVE NOTED CHANGE. Motion Passed. Unanimous UNFINISHED BUSINESS Items for Reconsideration. Resolution No. 97 -172, establishing the State legislative projects and setting priorities [Note: Councilmember Callahan filed notice of reconsideration on the resolution before 5: 00 p.m. on the day following the October 27, 1997 council meeting]. MOTION (Callahan /Gage) Reconsider Resolution No. 97 -172. Motion Failed. YES: Callahan, Gage, King, Satin NO: Blatchford, Clark, Orr NEW BUSINESS Resolution No. 97 -179, authorizing the City to serve as the pass -thru agency on behalf of Chugach Alaska Corporation, as recipient of a United States Department of Agriculture Forest Service grant and appropriating $17, 500 in rural development assistant grant revenue account funds to a pass -thru expenditure account. MOTION (King /Clark) Approve Resolution No. 97 -179. Assistant City Manager Tylan Schrock gave a review of this resolution and responded to councilmember's questions. Blatchford requested and was granted permission to abstain due to a conflict of interest. Blatchford stated he was a Chugach Alaska Corporation board member and Chugach Alaska Corporation shareholder. City of Seward, Alaska City Council Minutes November 6 1997 Volume 33, Page 186 Mayor Satin ruled that Blatchford had a conflict and would abstain from debate and voting on this issue. VOTE ON MOTION Motion Passed. YES: Callahan, Clark, Gage, King, Orr, Satin ABSTAIN: Blatchford October 10, 23 and 27 meeting minutes. MOTION (Clark/King) Approve the October 10, 23 and 27 meeting minutes Motion Passed. INFORMATIONAL ITEMS AND REPORTS City Manager Selection Update. Unanimous YVETTE WELSH, Personnel Officer, gave a status report of the City Manager selection. She noted that the top four finalists scheduled for an interview were: Glen Vernon, James McFellin, Glen Hill and David Weitzel. Welsh stated that there would be a reception and interview for each of the candidates and encouraged the public to attend. Satin stated that although there were costs associated with the selection of a city manager, there was a savings of about $6,000 /month that was not being spent in salary while the City was operating without this person. Satin stated it was important to take time in choosing a City Manager and that the City was in capable hands with Acting City Manager Gifford and Assistant City Manager Schrock. COUNCIL COMMENTS CALLAHAN encouraged folks to attend the Seward High School Volleyball Regional Tournament meet in Anchorage this upcoming weekend. He suggested that the public should read the All- America City rejection letter. He stated that the letter was pretty blunt and that the Council should pay attention to what the letter says. He gave a report on a meeting that he attended that was held by the Alaska State Parks Association. Callahan thought that Pat Rowe's letter was a good letter. Callahan was disappointed that the Council did not vote to reconsider the State Legislative Priority List. CLARKqueried Callahan as to whether there was any suggestions about extending the bike trail south of Seward. Callahan responded this idea was not suggested. Clark was impressed with the All- America City rejection letter and urged people to read it. City of Seward, Alaska City Council Minutes November 6, 1997 Volume 33, Page 187 GAGE appreciated the letter from Pat Rowe. Gage appreciated the packet of information from Tim McDonald. Gage appreciated all the folks that signed the petition opposing a private prison in Seward and encouraged these folks to contact councilmembers directly. KINGgave a Planning & Zoning Meeting Report. King noted that Kristi Larson was sworn in as a new commissioner. King also mentioned that a sign ordinance would be coming to the council and encouraged councilmembers to get a copy of the ordinance to review it in advance. BLATCHFORDurged citizens to become involved in the proposed Alaska SeaLife Center dock and with the selection of the City Manager. CALLARANadditionally noted that he now has a website homepage and will try to update it regularly. SATIN updated the Council on a recent trip he took to Washington D.C. where got to visit with his grandchildren and meet with the congressional delegation. Satin stated that he was not a slow growth proponent, but rather, a planned growth proponent. Satin stated that he assured our congressional delegation that Seward would come forward with a comprehensive multi -year plan to get funding for the Alaska Railroad Dock and other projects in the harbor area. CITIZENS' COMMENTS TIM MCDONALD, Mile 2 Nash Road, spoke in favor of the SeaLife Center Dock and did not think it was a problem that the City did not go out for a Request For Proposals. EDWARD FENWICK, 430 3rd Ave, spoke in favor of the dock and inquired about members of the public presenting questions to the city manager candidates. BRAD SNOWDEN, 525 6th Ave, stated he was very impressed with the first council meeting that was held two weeks ago. Snowden felt that the town was well served with the new council. MARGARET ANDERSON, 1125 Park Place, suggested that the City look into supporting a memorial or historical depiction of the old Seward Docks that were located where the Alaska SeaLife Center is currently located. Anderson would like to see the waterfront history of Seward preserved. The waterfront history should not overlook the Lowell Creek Outfall and Tunnel that was built in the 1940s. Anderson suggested that the City look to the Kenai Peninsula Borough to assist with funding. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS KING, encouraged members of the public to meet with city manager candidates at the receptions in order to ask them questions that they may have. ADJOURNMENT City of Seward, Alaska City Council Minutes November 6, 1997 Volume 33, Page 188 The meeting was adjourned at 11:00 p.m ss Q 7 - 4 1 " (City Seal3 — Ci6 Of C City Council Minutes Vo lume 33, Page 188 CALL TO ORDER The November 24, 1997 meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Bob Satin. OPENING CEREMONY Dave W. Crane, former Mayor, led the pledge of allegiance to the flag. ROLL CALL There were present: Bob Satin, presiding, and Jerry F. King Stirrat (Stu) Clark Edgar Blatchford Marie Gage Patrick J. Callahan Nathan Orr comprising a quorum of the Council; and Rick Gifford, Acting City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS 4WX v Lowell R. Satin Mayor Proclamations and Awards. Mayor Satin presented Dave W. Crane with a plaque from the City of Seward in appreciation of his service as both a Councilmember and Mayor for a total of six years. City of Seward, Alaska City Council Minutes November 24, 1997 Volume 33 Page 189 Mayor Satin presented former Councilmember Marianna Keil with a plaque from the City of Seward in appreciation of her service as a Council member for the past two years. Borough Assembly Report. Assembly member Pat O'Brien gave a verbal report on the restructuring of the Assembly that occurred at the last meeting. Mr. O'Brien was appointed as the Assembly representative to the Kenai Peninsula Borough School Board, which in turn appointed him to the School Board Budget Committee. He discussed a proposed Borough ordinance which would change who fishing boats were taxed by the Borough. City Manager's Report. Acting City Manager, Rick Gifford presented a report written by Randy McFarland on last summer's parking program. He also noted work sessions on Council policies and procedures should be scheduled. In response to a question by Stu Clark, he stated the power contract with Chugach Electric has been extended and steps are under way to negotiate a new contract. He also confirmed in answer to Jerry King's inquiry that a letter of transmittal is needed to complete the City's annual audit and would be out next week. City Attorney's Report. Mr. Brad Meyen gave a report and noted the work completed on the subcontract with Qutekcak to run the shellfish hatchery. Other Reports, Announcements and Presentations. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. DAVE HAYES, Questa Woods, representing F. S. Air, asked for support from the city of Seward in its solicitation of the Essential Air Services subsidy. City Clerk Reilly noted the next item is not on the agenda, but the Council granted the next speaker his presentation. WILLARD DUNHAM, Forest Acres, pointed out that the Kenai River Plan includes all territory to within Mile 12 of the Seward Highway as all rivers and waterways drain west from that point on. As our community has a vested interested in how these lands are developed, he recommended a representative from Seward attend the upcoming meeting in December. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Satin/Clark) Approve the Agenda and Consent Agenda. Clark moved Resolution Nos. 97 -186 and 97 -187 to the regular meeting agenda. Callahan moved Resolution No. 97 -184 and Satin moved Resolution No. 97 -182, item 9.C.2. on the application for a liquor license for the Oriental Garden Restaurant, item 10. A., the sublease by Kenai Fjords Tours, Inc. to Miller's Daughter Bakery, and item 10.B., the city manager selection schedule, to the regular meeting agenda. City of Seward, Alaska City Council Minutes November 24 1997 Volume 33, Page 190 Satin added item 9.C.3., to reschedule the December 22 meeting, and Clark added 9.C.4., reappointment to the Utility Committee. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion passed. Unanimous Gifford requested Council approval to allow Mr. Perkowski, of the Alaska Department of Fish and Game, to appear telephonically so he could be available for council questions. The chair hearing no objections ruled in favor of this form of participation. The clerk read the following approved consent agenda items: Resolution No. 97 -183, approving a permit for the discharge of fireworks on December 31, 1997 as requested by the Seward Chamber of Commerce. Resolution No. 97 -185, adding the Alaska Railroad Dock Expansion to the City of Seward's federal legislative priority list as its number 2 priority. While telephoning Mr. Perkowski to join the public hearing, the Council took up Resolution No. 97 -187 out of order. Resolution No. 97 -187, supporting the renaming of Exit Glacier Road to the Herman Leirer Exit Glacier road MOTION (Clark/Orr) Approve Resolution No. 97 -187. Clark read the resolution aloud to make the public aware of Mr. Leirer's contributions to the community and to the existence of this road. Motion passed. PUBLIC HEARINGS Unanimous. NOTE: Resolution No. 97 -180, authorizing participation in the State's Community Development Block Grant Program in cooperation with the Seward Life Action Council,was deleted from the agenda prior to the meeting. Resolution No. 97 -181, approving a sublease from the Alaska Department of Fish and Game to the City of Seward for the Seward Mariculture Research Center and Shellfish Hatchery and approving a sublease of the same facility by the City of Seward to Qutekcak Native Tribe Reilly noted that changes from a sublease to a contract discussed in the prior work session would necessitate wording changes in the resolution. City of Seward, Alaska City Council Minutes November 24, 1997 Volume 33 Page 191 1 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. ARNE HATCH, 2500 Dimond Blvd., represented Qutekcak Native Tribe and spoke in favor of Resolution No. 97 -181. He pointed out that Qutekcak has seven years experience in mariculture operations. In response to Mayor Satin's question, he stated maricultural activity is seldom a money maker. Gage asked about the number of employees. Jon Agosti, Second Avenue, confirmed Hatch's answer of four employees, with two more to be added. Agosti confirmed that spat would be sold at commercial rates and that the research unit would be autonomous under another contract with Alaska Fish and Game. BOB PERKOWSKI was invited to speak and then put on hold. t II � A discussion ensued about whether Mr. Perkowski would speak to give testimony or whether he would merely serve as a consultant to answer council questions during the public hearing process. Reilly pointed out that this method of giving testimony by phone was a departure in procedure and raised a number of policy questions. Several Council members expressed the desire to hear from Mr. Perkowski and to show support for the resolution. The Chair ruled the public hearing was still open. WILLARD DUNHAM, Dimond and Alder, Forest Acres, spoke in favor of working out a contract with Qutekcak, pointing out that the City often facilitates contracts for other entities using local facilities. He also reminded Council that the City had established the present mariculture zone some years ago. The Chair ruled to allow Mr. Perkowski to give telephonic testimony at the public hearing, however, Nathan Orr called for a vote on this issue. Motion passed. YES: King, Gage, Callahan, Satin NO: Orr, Clark ABSTAINED: Blatchford BOB PERKOWSKI, Anchorage, continuing by phone, expects a Council decision tonight as today is the deadline to pick the City of Seward as the prime contractor. The Fish & Game Department would like a qualified operator as soon as possible as the facility has been ready since April 1997, but it cannot sole source to Qutekcak. He pointed out there are few qualified people in shellfish mariculture, and there is increasing pressure for use of mariculture zones for salmon farming which is another important reason for a speedy decision. TIM MCDONALD, Mile 2 Nash Road, spoke to the high quality of Qutekcak members involved in mariculture and supported passage of the resolution. City of Seward, Alaska City Council Minutes November 24 1997 Volume 33, Page 192 MARIANNA KEEL, 1701 Chiswell, referencing her role in developing the proposal for a shellfish hatchery years ago, also testified to the expertise of the hatchery staff, which for some species, is shared by no one else in the business. RON LONG, Camelot, representing the Port & Commerce Board, has heard presentations from Qutekcak and supports the shellfish hatchery project. No one else appeared in order to be heard, and the public hearing was closed. MOTION (Orr /Clark) Approve Resolution No. 97 -181. MOTION (Clark/Orr) Direct the administration to conclude negotia- tions with the Alaska Department of Fish and Game and the Qutekcak Native Tribe on the matter of operations and maintenance of the Seward Mariculture Research Center and Shellfish Hatchery. There was discussion of the risks involved in the contract. King pointed out the assurances given by the Qutekcak performance bond. Motion passed. YES: Callahan, Clark, Gage, King, Orr, Satin MOTION (Clark/King) Motion passed. RECESS: The meeting was recessed for a break. UNFINISHED BUSINESS None. NEW BUSINESS ABSTAINED: Blatchford Table action on Resolution No. 97 -181. Unanimous consent. Resolution No. 97 -182, approving a contract with Alaska Newspapers, Inc., for display advertising in the Seward Phoenix Log. MOTION (King/Clark) Approve Resolution No. 97 -182. The chair excused Mr. Blatchford from voting as he had a conflict of interest as a shareholder in Alaska Newspapers, Inc. Reilly recommended postponing this item as new rates increase the costs 18% and he would like to prepare other advertising options for the Council to consider. King suggested looking at bulk City of Seward, Alaska City Council Minutes November 24, 1997 Volume 33 Page 193 mailing as an option and Satin recommended negotiating the rates with the current vendor. Clark raised the question of how much the public notices the newspaper ad and whether bulk mailing would catch more attention. MOTION (King/Clark) Postpone to the December 8, 1997 regular meeting and direct the clerk to negotiate rates and present options. Motion passed. YES: Callahan, Clark, Gage, King, Orr, Satin ABSTAIN: Blatchford Resolution No. 97 -184, authorizing the Acting City Manager to issue a purchase order in the amount of $14,500 to Yukon Equipment for the purchase of Model 90XP brush chipper MOTION (Orr /Satin) Approve Resolution No. 97 -184. Callahan asked which is more economical, renting or purchasing. Dave Calvert, City Engineer, answered that the unit locally available has been rented but it is not sufficient to do the work needed as it can only handle 3 -inch wood pieces. The proposed unit would handle 9 -inch pieces and would be used by Parks and Recreation, Public Works and the Electrical departments. King suggested that surplus wood chips be made available to the public and it was agreed this service be explored. Calvert stated the chipper is a budgeted item in response to Clark's question. Motion passed. Unanimous. Resolution No. 97 -186, supporting changes to how the Department of Revenue interprets the Alaska Corporation Net Income Tax statute as it applies to owners of foreign flagged ships and aircraft operating in Alaska MOTION (Clark/Orr) Approve Resolution No. 97 -186 Reilly stated the concerns raised in this resolution were addressed at the state level and there is no longer a request for Council action. MOTION (Clark/Orr) Motion passed. Table Resolution No. 97 -186. Unanimous. November 6, 1997 regular meeting minutes. The November 6, 1997 meeting minutes were unavailable and this item was postponed to the December 8, 1997 regular meeting. Application for new liquor license as filed by Young Shik Yoo and Kyung Ok Yoo of Oriental Garden Restaurant. City of Seward, Alaska City Council Minutes November 24 1997 Volume 33, Page 194 Reilly stated the municipalities have the option to comment on new liquor licenses in their communities, but this item was not ready to be scheduled for a public hearing at this time. The item was pulled from the agenda with no objection while Reilly checks on its status. Rescheduling the December 22, 1997 regular meeting to December 18, 1997. Discussion revealed that work sessions were scheduled for December 1 to discuss council rules of procedure and December 15 to meet with Senator Torgerson on State Legislative priorities. Callahan stated regular meetings should not be canceled. MOTION (Satin/King) Motion to cancel the December 22, 1997 meeting. Motion passed. YES: King, Gage, Clark, Orr, Satin NO: Blatchford, Callahan Appointment to Utility Committee. MOTION (Satin/Clark) Reappoint Marianna Keil to the Utility Com- mittee Blatchford who currently serves on the Utility Committee with Keil stated its role is to make recommendations on utility rates. Clark favors continuing Keil on this Committee, which is in the middle of negotiating a new contract. Motion passed. Unanimous. INFORMATIONAL ITEMS AND REPORTS Sublease of the "A- Frame" site by Kenai Fjords Tours, Inc. (Don/Pam Oldow and Jack/Sheila Scoby) to the Miller's Daughter Bakery (Edwin /Claire Glotfelty), Lease No. 68 -072. The Harbor Master Foster Singleton gave a status report on the lease. City Manager Selection Update. Reilly gave an update on the schedule of receptions and interviews for the four city manager finalist candidates. COUNCIL COMMENTS ORR would like to see the Council give input into the Kenai River Plan and was concerned about the short time line. Dunham reiterated that the Plan is scheduled to go before the federal City of Seward, Alaska City Council Minutes November 24, 1997 Volume 33 Page 195 government December 10, 1997. Gifford stated the Administration has received a copy and will report on the information in it. CALLAHAN will be absent for two weeks. He supported the shellfish hatchery. t GAGE encouraged people to participate in the angel tree program sponsored by the Fire Department and the Special Olympics dinner sponsored by the Emblem Club on December 6, 1997. She expressed appreciation to Qutekcak for its positive role modeling. She visited the City Shop and complimented the employees there. CLARK appreciated the report on the Borough personal property tax changes presented by Pat OBrien. He extended a welcome to the Alaska SeaLife Center, Interim Director, Kim Sundberg. BLATCHFORDreminded the Council that the opening of the Alaska SeaLife Center is just around the corner. He requested that a copy of the Resolution No. 9 7-18 7 renaming Exit Glacier Road to Herman L. Leirer Exit Glacier Road be sent to the Congressional delegation. KINGexpressed thanks and appreciation to the City administration, in particular, Mr. Gifford and Mr. Schrock for their professionalism and hard work on the Qutekcak contract. SATIN explained why he prematurely thanked Mary Tougas for her time as city representative to the Kenai Peninsula Borough Economic Development District, he had been mistaken in his belief that her term had expired when she actually had another year left on her term. Tougas's terms ends in December 1998. Satin reported on a recent Econcomic Development District meeting. Satin announced that will report his recenttrip to in Washington, D.C. and at the Alaska Municipal League meeting in upcoming Seward Phoenix Logs. CITIZENS' COMMENTS TIM MCDONALD, Mile 2 Nash Road, updated the Council on his actions regarding Seward Forest Products. He stated the facility will not be sold until the lawsuit he and Mr. Wakefield have filed is resolved. Hemay be filing an appeal of the referendum upholding the sale to Afognak once the necessary information meeting the conditions for an appeal is assembled. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting adjourned at 11:00 p.m. SJ` 4� C9 8;4D- Lowell R. Satin, Mayor ty ) f �'l✓ ti's; =� .• 4 OF City of Seward, Alaska City Council Minutes December], 1997 Volume 33, Page 196 CALL TO ORDER The December 1, 1997 special meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY The Pledge of Allegiance was recited. ROLL CALL There were present: Bob Satin, presiding, and Edgar Blatchford Stu Clark Marie Gage Jerry King Nathan Orr comprising a quorum of the Council; and Rick L. Gifford, Acting City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT was: Patrick Callahan - Excused CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None. APPROVAL OF SPECIAL MEETING AGENDA MOTION (Clark/Orr) Approve the Special Meeting Agenda. Motion Passed. Unanimous NEW BUSINESS Resolution No. 97 -188, approving an operations contract with the Alaska Department of Fish and Game to the City of Seward for the Seward Maricul- ture Research Center and Shellfish Hatchery, and approving an assignment of the operations contract by the City of Seward to Qutekcak Native Tribe t 1 City of Seward, Alaska December 1, 1997 City Council Minutes Volume 33, Page 197 Blatchford declared a conflict of interest as a voting member of Qutekcak Native Tribe. Mayor Satin ruled that Blatchford had a conflict and would refrain from debate or voting on this issue. MOTION (King /Clark) Approve Resolution No. 97 -188. Gifford recommended postponement of this resolution to the December 8 regular meeting. Schrock gave an update and noted that neither the Alaska Department of Fish and Game nor Qutekcak Native Tribe objected to a postponement. A discussion followed regarding mothball requirements in the event the project had to be terminated. MOTION (Clark/King) Motion Passed. Postpone to December 8 regular meeting. YES: Clark, Gage, King, Orr, Satin ABSTAIN: Blatchford COUNCIL COMMENTS None. CITIZENS' COMMENTS ALEEN SMITH, Deputy Administrator, Qutekcak Native Tribe, thanked the Council and Administration for their support. Smith addressed some of issues surrounding the potential shutting down of the proposed facility and stated that there are sufficient funds available to protect the City. COUNCIL AND ADMINISTRATIVE RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 8:09 p.m. 1 Patri& Reilly City Clerk (City Seal) r .M1 &TY" C, ;, ) Lowell R. Satin Mayor City of Seward, Alaska City Council Minutes December 8, 1997 Volume 33, Page 198 CALL TO ORDER The December 8, 1997 regular meeting of the City of Seward was called to order at 7:30 p.m. by Mayor Bob Satin. OPENING CEREMONY The Pledge of Allegiance was recited. ROLL CALL There were present: Bob Satin, presiding, and Jerry F. King Stirrat (Stu) Clark Edgar Blatchford (7:36 p.m.) Nathan Orr comprising a quorum of the Council; and Rick Gifford, Acting City Manager Tylan Schrock, Assistant City Manager Eric Wohlforth, City Attorney Patrick Reilly, City Clerk Absent were: Patrick J. Callahan Marie Gage SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Acting City Manager Rick Gifford reported that he extended the contract with the federal lobbyist group for one additional month. It was due to expire at the end of December. The lobbyist firm, Robertson, Monagle & Eastaugh; and Baker, Zane, Edmonds and O'Malley, will be in Seward in January and a work session with the Council will be scheduled. Gifford expressed concern that proposed Borough Ordinance 97 -73 amending the tax code will have a negative impact on City revenues. The City could lose $40,000 per year in tax revenues. The tax on boats 20 -40 feet in length will be more and on boats longer than 40 feet less than is now collected. Senator Torgerson requested a work session with the Council on December 15 on prison City of Seward, Alaska City Council Minutes December 8, 1997 Volume 33, Page 199 expansion, and Gifford suggested the Council could follow with a special executive session to consider the four finalists for City Manager. City Attorney's Report. Mr. Wohlforth reported that the contracts with the Alaska Department Fish and Game and with the Qutekcak Native Tribe for operating the shellfish hatchery are ready for Council action, the litigation involving Seward Forest Products is ready for discussion in executive session, the Alaska Railroad depot lease is signed, and the Gateway Texaco litigation is set for August 1998. Other Reports, Announcements, and Presentations. Alaska SeaLife Center Update. Roe Sturgulewski gave a verbal report on the status of construction. Kim Sundberg, Interim Director until June 30, 1998, was introduced. Providence Seward Medical Center Construction Update. Mark Fineman handed out a written report and gave a verbal summary. Staff will start moving into the facility in early February. He is awaiting approval of the helispot design. Historical Preservation Commission Candidate Kelly Martin. Martin expressed her interest as a lifelong Seward resident in preserving the city's history and her desire to serve on the ' Commission to bring people together in this objective. CITIZEN'S COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING BOB VALDATTA, 528 Fifth Avenue, strongly recommended that the road leading to Cook Inlet Fisheries (CIP) in the Seward Marine Industrial Center be straightened out before CIP starts up operations in January. He also recommended that the City establish a portable breakwater and that Council members take a bus tour of all the City sites of operations in order to be more knowledgeable of their locations. He also asked how Seward benefits from the local Kenai Peninsula Borough's Economic Development District office. BRUCE SWANSON, 1902 Dora Way, stated he is the ad representative at Seward Phoenix Log and that the Log currently provides the City a 30% discount on advertising rates. To offset the recent rate increase, he explained how the Log can offer discounts in 1% increments above the 30% discount if the City continues to advertise at the same level it does now. CAROL CHAUDIERE, 1129 Cliff View, spoke concerning the proposed floating dock. Orr raised a point of order that this item is not an agenda item. Ms. Chaudiere offered to speak later. TIM MCDONALD, Mile 2 Nash Road, stated that the Seward Phoenix Log is the only local paper; therefore, he felt it necessary for the City to advertise in it or the public would not be informed about the City's proceedings. BRAD SNOWDEN, 525 Sixth Avenue, spoke in favor of Resolution No. 97 -193. City of Seward, Alaska City Council Minutes December 8, 1997 Volume 33, Page 200 APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (King/Clark) Approve the Agenda and Consent Agenda. Orr moved Resolution No. 97 -190 to the regular meeting agenda. The city clerk noted the minutes were not ready, and the chair deleted these items from the agenda without objection. At the clerk's suggestion, Satin added item 9.B.4., discussion of the Kenai Peninsula Borough personal property tax changes to the regular meeting minutes. MOTION (King /Clark) Hold executive session following adjournment to discuss with the city attorney the status of McDonald and Wakefield vs. the City of Seward litigation. Motion passed. Unanimous VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion passed. Unanimous The following was approved on the consent agenda: Resolution No. 97 -191, authorizing the City Manager to renew the contract with Marathon Fuel Through December 31, 1998 and issue a purchase order for an amount not to exceed $215,822.75. PUBLIC HEARINGS Resolutions Set for Public Hearing Resolution No. 97 -188, approving an operations contract with the Alaska Department of Fish and Game to the City of Seward for the Seward Mariculture Research Center and Shellfish Hatchery, and approving an assignment of the operations contract by the City of Seward to Qutekcak Native Tribe. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. BOB VALDATTA, 528 Fifth Avenue, spoke in favor of the resolution, noting that Qutekcak has developed and made the hatchery work from its beginning. BRAD SNOWDEN, 525 Sixth Avenue, spoke in favor of the resolution and stated it is an excellent example of government working with people to achieve an end with a minimum of regulation. City of Seward, Alaska City Council Minutes December 8, 1997 Volume 33, Page 201 No one else appeared in order to be heard, and the public hearing was closed. MOTION (King /Clark) Approve Resolution No. 97 -188. Schrock recapped changes made in the contracts, stating they are substantially complete and require signatures on or before December 30, 1997. In the contract with the Department of Fish and Game, he noted that the words, "contract" and 'contractor" were capitalized which gives them specific legal meaning. It was clarified that if the subcontractor, Qutekcak Native Tribe, meets its conditions, the City meets its obligations to Fish and Game. The City is ultimately responsible for the performance of the subcontractor. In the appendix on mothballing the hatchery, the requirement for a plan was deleted and replaced with items to be addressed giving the City more discretion in the proceedings in the event of mothballing. Repayment of any expenses to Fish and Game was extended to 30 days. The chair excused Blatchford from discussion and vote on the resolution due to his conflict of interest as a member and employee of Qutekcak Native Tribe. In response to a question from Orr, Schrock affirmed that Fish and Game has the discretion to require the City to mothball and /or to continue operations for 180 days. Satin asked about a reasonableness clause by which the City could question expenses charged by Fish and Game, but this is not a part of the contract. In response to Clark's concern regarding the amount of liability in the event of mothballing, Schrock confirmed it could be in the range of $100,0004300,000, given annual operating expenses are anticipated to be $367,000. However, it is anticipated such liability would be $100,000 for which amount the subcontractor is furnishing a performance bond. It is also possible revenues could still be earned during the period of mothballing to offset expenses. Gifford reminded the Council of the partnership forged by the contracts in which each party has a vested interest to enable the other to meet their obligations. Schrock said Fish and Game wants to produce spat and it is in its best interests to assist the City and Qutekcak in whatever way it can to make it work and in the event of a notice of termination to insure a smooth transition to another operator. In discussion of the subcontract with Qutekcak, Schrock answered Satin that the performance bond can be used to address operating as well as mothballing expenses. Satin expressed concern that the bond be readily available to the City should it be needed. City Attorney Wohlforth stated the contract is written so that the bond held in escrow be self - executing and that the money would be available through the escrow agent. He further assured the Council in response to Orr's question, the contract provides the minimum provisions that facilitate the turn over of the bond to the City. Satin questioned whether the words, "subcontractor" and "assignee," are used interchangeably and Schrock said that they were. Clark pointed out that usually either one or the other is used, not both. Wohlforth explained that although it is confusing, that both terms apply in this contract. Schrock explained other changes: administrative time of the City can be charged to Qutekcak, the renewal option was removed as the Fish and Game can issue a request for proposals to which Qutekcak can respond directly when renewal comes up, and the City is not required to purchase insurance if the subcontractor carries it. Orr asked about the role of the independent management City of Seward, Alaska City Council Minutes December 8, 1997 Volume 33, Paze 202 consultant. Schrock explained that as the City has no mariculture expertise, Qutekcak will hire with the City and with Fish and Game approval, an oversight coordinator to make sure operations and reporting are proceeding smoothly. Satin inquired whether a work plan is part of the contract. Schrock stated an operations and development plan is part of the hatchery permitting process and will subsequently be part of the contract. MOTION (Clark/Orr) Amend Resolution No. 97 -188 by deleting Section 4.7, Alaska Department of Fish & Game approval of steps to comprise the Mothball Plan Motion passed. Yes: Clark, King, Orr, Satin Abstained: Blatchford Mayor Satin thanked the Administration for its due diligence on these contracts. VOTE ON RESOLUTIONNO. 97 -188 AS AMENDED Motion passed Yes: Clark, King, Orr, Satin Abstained: Blatchford Resolution No. 97 -189, authorizing participation in the State's Community Development Block Grant Program in cooperation with the Seward Life Action Council. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. MELISSA STONE, Executive Director of the Seward Life Action Council, (SLAC), thanked the City for informing SLAC of the availability of the grant and asked the Council to support the application. The current grant application is for $200,000. Any grant monies received would be used to remove architectural barriers, install an elevator and install a fire protection system to comply with the Americans with Disabilities Act (ADA) in the Seaview Plaza building that SLAC is purchasing. LOIS SCHUTTER, 201 Bear Drive, spoke in favor of the resolution. She cares for the handicapped elderly which have access to only one room in the current SLAC facility. She said the grant would help to expand the activities by improving access for her clients in the new facility. No one else appeared in order to be heard, and the public hearing was closed. MOTION (King/Blatchford) Approve Resolution No. 97 -189. In response to Orr, Gifford stated this grant is available each year and that the City could apply with other organizations in the future. Satin expressed the desirability of bringing all Seward City of Seward, Alaska City Council Minutes December 8, 1997 Volume 33, Page 203 ' facilities in compliance with ADA. Satin asked if the change in use of Seaview Plaza is in compliance with zoning codes, and Planning Director Martin confirmed that it is. Motion passed. Unanimous. RECESS: The meeting recessed at 9:12 p.m for a five minute break. Other Public Hearing Items. 1 Non - objection to the Alcohol Beverages and Control Board of an Application for a new liquor license as filed by Young Shik Yoo and Kyung Ok Yoo of Oriental Garden Restaurant. The Chair asked if the application complied with all rules. Reilly stated the Council would need to address only City rules and that it met the code and zoning requirements that pertain to these licenses. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. TIM MCDONALD, Mile 2 Nash Road, asked what the license covered. Reilly stated it would include hard liquor in addition to beer and wine. McDonald objected to having another bar in Seward. BOB VALDATTA, 528 Fifth Avenue, testified to good record of the owners who have restaurants in Homer and Anchorage. No one else appeared in order to be heard, and the public hearing was closed. 1 MOTION (KingBlatchford) Approve a letter of non - objection to the Alcoholic Beverages and Control Board regarding the application for a liquor license by Mr. and Mrs. Koo of the Oriental Garden Restaurant. Clark expressed concern about having more bars in Seward, and Orr raised the question about the proximity of the restaurant to churches and play grounds. Reilly clarified that the City only addresses its own regulations and that the Borough and State will address theirs. The distance requirement is not a City requirement. Clark wondered why the City holds a hearing at all given these limitations. Tim McDonald was permitted by the Chair to speak again. He felt that the location of the restaurant was too close to the Methodist Church and recommended the Council object on philosophical grounds. Orr asked if the actual distance from the restaurant to the church is known. Martin stated it is less than 300 feet as required by the State; however, several restaurants which have public convenience liquor licenses in Seward are within this limit. He also clarified that this type of license allows only beer and wine to be served and then, only if food is ordered. Reilly stated the City of Seward, Alaska City Council Minutes December 8, 1997 Volume 33, Page 204 Borough will hold a hearing on this license December 16, 1997 and King stated a public hearing by the ABC Board has been posted as required by law, so people who wish to testify still have the opportunity to do so. Motion passed. Unanimous. UNFINISHED BUSINESS Items Postponed from Previous Agenda. Resolution No. 97 -182, approving a contract with Alaska Newspapers Inc., for display advertising in the Seward Phoenix Log. MOTION (Clark/King) Approve Resolution No. 98 -192. Both Clark and King stated the Log has made every effort to help the City address its budget constraints by offering additional discounts and that the rate increases are reasonable. Satin added that it is the most acceptable and most read paper in the community, and asked if the clerk will be able to handle the net increase in rates. Reilly responded he would. Motion passed. Yes: Clark, King, Orr, Satin Abstained: Blatchford (due to a conflict of interest as a shareholder in Alaska Newspapers, Inc.) NEW BUSINESS Resolution No. 97 -190, rejecting all bids for a design /build of a well and well house in Forest Acres. MOTION (Orr /Satin) Approve Resolution 97 -190. Tex Ainsworth explained that both bids were rejected, one was non - responsive and one was too high for the budget. The Engineering Department will handle the work and contract out what they cannot handle in house. He figures the job can be completed within $225,000- 240,000, below the $300,000 bid. He responded that the City is losing wells; they are beginning to draw up sand. The new well would go to 200 feet and produce 1000 gps. Satin commented that the cost of producing water is increasing while residents have unmetered use of water. In response to Clark, Ainsworth stated the new well would be in a new location. Orr asked why the City would negotiate with a non - responsive bidder, and King recommended a new RFP for drilling be issued in March while Engineering completes the remainder of work. Ainsworth agreed this is workable but emphasized the new well needs to come on line by June. The City is also providing water to the cruise ships via the Alaska Railroad and to the Recreation Camps on a metered basis. MOTION (King /Orr) Amend by deleting reference to negotiation City of Seward, Alaska City Council Minutes December 8, 1997 Volume 33, Page 205 with Kraxberger under the last Whereas, and deleting Section 2. Gifford confirmed the City has the right to reject all bids per bidding procedures. Motion passed. Unanimous VOTE ON RESOLUTIONNO. 97 -190 AS AMENDED. Motion passed. Resolution No. 97 -192, supporting a change to the Statewide Transportation Improvement Plan moving the start of the MP 0.0 to 8 Seward Highway to Grouse Creek Canyon Project to Federal Fiscal Year 1998, and encouraging the Alaska Department of Transportation to complete this project in the shortest time possible MOTION (Clark/Orr) Unanimous Approve Resolution No. 97 -192. Schrock gave an administration report, emphasizing that the resolution recommends moving the project forward by one year and that it is crucial for public safety. In response to Satin, he stated the project is in the Statewide Transportation Improvement Plan (STIP) and this plan is amended yearly. Clark also testified to the tremendous public support for this project and the need to keep up the political pressure as this is what shapes the STIP. Blatchford inquired into how the hydraulic capacity of the bridges would be increased and about the construction length; Schrock stated it is too early to answer these questions now. MOTION (Clark/Satin) Called for unanimous consent. 1 Amend by adding a whereas clause to encourage the Alaska Department of Transportation to complete this project in the shortest time possible. VOTE ON RESOLUTIONNO. 97 -192 AS AMENDED. Motion passed. Unanimous Resolution No. 97 -193, calling for a special election to be held on January 20, 1998 for the purpose of submission to the qualified voters of Seward the question of repeal of Ordinance No. 97 -19. MOTION (ClarkBlatchford) Approve Resolution No. 97 -193. In response to Satin, Reilly stated the petition is valid with more than the required number of City of Seward, Alaska City Council Minutes December 8, 1997 Volume 33, Page 206 verified signatures. Mayor Satin thanked Bruce Sieminski for circulating the petition. Reilly responded the election will cost about $2500. There was discussion about adding advisory questions to the referendum ballot. Both King and Orr felt this is a good time to get public input on paid parking. Satin commented there is danger in piggy backing a number of questions on a citizen generated referendum, possibly influencing its outcome. With regard to paid parking, he stated it is already established with a revenue stream. Gifford offered that a public survey as part of the comprehensive plan development would be a way to put questions before the public. Clark and Blatchford expressed opinions that the upcoming election should be focused on the seasonal sales tax. MOTION (King/Orr) Amend to add an advisory question on whether the public supports municipal parking lots. Motion failed. Yes: King, Orr No: Blatchford, Clark, Satin VOTE ON MAIN MOTION Motion passed. Unanimous Other New Business Items. Appointment of Historic Preservation Commissioner. MOTION (Satin /Orr) Appoint Kelly Martin to the Historic Preservation Commission. In response to Satin, Reilly stated Kelly Martin, who is currently a Planning and Zoning Commissioner, could also serve as a Historic Preservation Commissioner. Motion passed. Yes: Blatchford, King, Orr, Satin No: Clark Council approval to allow former Mayor Louis Bencardino, whose term of office expired within the past year, to be employed by the City of Seward as an on -call equipment operator in accordance with Seward City Charter 2.3. MOTION (Satin/King) Approve the employment of Louis Bencardino by the City of Seward as an on -call equipment operator in accordance with Seward City Charter 2.3. Satin established that Mr. Bencardino meets all the qualifications of the position and would not replace another qualified individual. Gifford stated a precedent has been established in the past. City of Seward, Alaska City Council Minutes December 8, 1997 Volume 33, Page 207 Motion passed. Unanimous Borough Personal Property Tax Changes. MOTION (Clark/Orr) Send a letter to the Kenai Peninsula Borough that the City of Seward opposes the proposed changes to the Borough personal property tax expressed in Ordinance 97 -93. Clark expressed his concern that the proposed changes would impact Seward negatively. King, however, said the changes simplify collection, thereby making it more fair and equitable. Clark agreed but felt it did not go far enough in its reforms. Satin stated the changes have made it a regressive tax as it is shifted to people with motor vehicles and these are a critical necessity for most citizens. King asked the letter reflect the vote count on the motion. Motion passed. Yes: Blatchford, Clark, Orr, Satin No: King It was then agreed, without objection, to take the Citizens' Comments Agenda Item out of order. CITIZENS' COMMENTS BRUCE SIEMINKSI, Benson and Jesse Lee, thanked the Council for honoring a citizen's vote on the sales tax. He would like the Council to put on the agenda a discussion of lifting sales taxes on necessities such as food, oil and lights. He also recommended the Council check that the new well is located separately from the power generator in Forest Acres. TIM MCDONALD, Mile 2 Nash Road, announced that on January 26, 1998 a new referendum on the sale of the Seward Forest Products sawmill site can be launched. His case is now before the Alaska Supreme Court. He urged the Council to examine and reverse the sale currently in effect. RON LONG, Camelot, spoke in favor of Option 1 regarding the floating dock lease, keeping it as a simple tidal lands lease. He recommended the Council speak with Senator Torgerson regarding his ideas on flood control, roads, and prisons. He also commented on the irony of the Council promoting a public vote on one tax but getting no public input on the proposed Kenai Peninsula Borough tax. CAROL CHAUDIERE, 1129 Cliff View, spoke in favor of Option 1 of the floating dock but the City should limit its involvement. However, the shore is public land and the City should manage what happens here and how the public has access to it. She also recommended that shellfish hatchery spat sales be done by contracts to protect all parties and that a plan of who gets the spat when the supply is low be developed. City of Seward, Alaska City Council Minutes December 8, 1997 Volume 33, Page 208 INFORMATIONAL ITEMS AND REPORTS City Manager Selection Update. Reilly gave a brief update. Kenai River Management Plan. Gifford stated Council members can see him with input. COUNCIL COMMENTS ORR stated there is hardly any time for public input on the proposed Kenai Peninsula Borough tax changes. He apologized to Carol Chaudiere for cutting her off earlier in the evening when she was attempting to give public comment but wanted to make sure procedures are followed. KINGreported on the Planning and Zoning meeting. The Conditional Use Permit for Brad Snowden's hotel in the small boat harbor was extended six months. There was considerable public testimony on the sign ordinance and a work session for more discussion was scheduled. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting adjourned at 11:00 p.m. Patrick (City So'l) • ; SEAL CityofSewdhkWbkj` December 15, 199,E °, Lowell R. Satin, Mayor City Council Minutes Volume 33, Page 208 CALL TO ORDER The December 15, 1997 special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Ron Long, Port & Commerce Advisory Board Chairman, led the pledge of allegiance to the flag. City of Seward, Alaska Citv Council Minutes December 15, 1997 [volume 33, Page 209 1 ROLL CALL There were present: Lowell R. Satin, presiding, and Edgar Blatchford (arrived 6:19 p.m.) Patrick Callahan Stu Clark Marie Gage Jerry King Nathan Orr comprising a quorum of the Council; and Rick Gifford, Acting City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk �1 APPROVAL OF SPECIAL MEETING AGENDA MOTION (Clark/Orr) CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING Motion Passed. STEVEN A. SCHAFER, 2501 Maple Street, spoke in favor of supporting an essential air service subsidy and favored local air carrier F. S. Air as the essential air carrier for Seward. NEW BUSINESS MOTION (Clark/Orr) Gifford gave a history of the essential air service subsidy and noted that there were two applicants for this subsidy and that the administration had decided to remain neutral and not make a recommendation for either air carrier. Essential air service applicants, F. S. Air and ERA Airlines both received letters of support from the community. Approve the Special Meeting Agenda. Unanimous Consent Send a letter of neutrality in response to a request for public comment regarding the essential air service subsidy in Seward Orr spoke in favor of F. S. Air and commented that this airline provides excellent service. t Clark agreed that F. S. Air provides an excellent service, but he noted that ERA Airlines is connected with Alaska Airlines, and this relationship brings greater visibility to Seward. Clark agreed with the administration that the City Council should not make a recommendation as to who should receive the subsidy. City of Seward, Alaska City Council Minutes December 15, 1997 Volume 33, Page 210 Gage spoke in favor of F. S. Air, noting that she liked its practice of contributing donations to the community and local hire. In response to a question from Callahan, Schrock explained the proposed subsidy and the selection criteria that the Federal Department of Transportation would use in making its decision. Schrock noted that public comments would factor in the decision. King noted that most of the comments that he heard from the public were in favor of F. S. Air, and he favored a letter that notes F. S. Air has done an exemplary job for a number of years. Orr agreed with Councilmember King and requested that the administration send a letter that does note how well the relationship between Seward and F.S. Air has been. Clark pointed out that ERA Airlines was the carrier that pushed for a global positioning device getting placed in Seward. Vote on Motion Motion Passed. Unanimous Executive Session to discuss and compare the qualifications and personal characteris- tics of the four City Manager finalists (James McFellin, Glenn Hill, David Weitzel, Glen Vernon) as they relate to the position of City Manager The Mayor noted that the Council Meeting was now at agenda item 6(B) and stated the need to go into executive session to discuss the personal characteristics of the four City Manager finalists. There being no objection from any council member, the Council entered into executive session at approximately 7:00 p.m. The council came out of executive session at 7:24 p.m. MOTION (Clark/Gage) A committee of the Mayor, Callahan and Orr be formed to negotiate with Glen Vernon for the position of City Manager Motion passed. CITIZENS' COMMENTS. None COUNCIL COMMENTS Unanimous Gage commented that she was pleased with the selection of candidate Glen Vernon for city manager. City of Seward, Alaska City Council Minutes December 15, 1997 Volume 33, Page 211 Satinwelcomed Senator John Torgerson to Seward, and on behalf of the Council stated the Council was looking forward to the work session with Senator Torgerson to discuss the City's Legislative Priorities. ADJOURNMENT The meeting was adjourned at 7:30 p.m. Patri&Reilly ® °a btaoaI �* City Clerk °° e ° p4° �;,� "• Cj (City Sear P Te a vs ® i S.XS..''.A ' ° o u City of Sewarc;ATaskz • " a O• December 18. 197 Sid;/ Lowell R. Satin Mayor City Council Minutes CALL TO ORDER The December 18, 1997 special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY The City Clerk led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Patrick Callahan Jerry King Stu Clark Nathan Orr comprising a quorum of the Council; and Rick Gifford, Acting City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk City of Seward, Alaska December 18, 1997 ABSENT were: Edgar Blatchford Marie Gage APPROVAL OF SPECIAL MEETING AGENDA MOTION (Clark/Orr) Motion Passed. City Council Minutes Volume 33, Page 212 Approve the Special Meeting Agenda. Unanimous Consent CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None NEW BUSINESS MOTION (Clark/Orr) To terminate negotiations for an employment for City Manager services with candidate Glen Vernon Clark noted that it was unfortunate that the Council did not have a clearer understanding of whether or not the candidate had still been interested in being the City Manager. Satin gave a summary describing the Council's steps in selecting Vernon as its choice, and thanked Vernon for his integrity. Motion passed Motion (Clark/Orr) Unanimous To Discuss a City Manager Selection Orr commented that Weitzel was the stronger candidate compared to Vernon and originally favored Weitzel over Vernon and Orr believed Weitzel would do a very good job for Seward. Clark & King both commented that Weitzel would do a good job and exhibited lots of integrity. Amendment (Clark/King) Motion Passed as Amended To negotiation with City Manager candi- date David Weitzel for City Manager ser- vices Yes: Callahan, Clark, King, Orr, Satin No: None Absent:Blatchford, Gage l_ J City of Seward, Alaska December 18, 1997 City Council Minutes Volume 33, Page 213 A phone call was then placed to Mr. Weitzel, but he was unavailable at that time. Satin then appointed Clark and Orr as the negotiating committee to negotiate a contract with candidate Weitzel. COUNCIL COMMENTS Satin commented on a planned coal shipment to Russia and wished the project well. 1 t CITIZENS COMMENTS BOB VALDATTA, 528 5" Ave, recommended that the Council look to a local citizen to fill the role of City Manager. ADJOURNMENT The meeting was adjourned at 6:31 p.m. c Patrick Reilly Lowell R. Satin City Clerk pQF �a,,�' Mayor (City Seal) r i v.. 7 • d _ • ,/{.may! 0 r • N m.• ® cY w ® • r A , r