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HomeMy WebLinkAbout1998 City Council MinutesCity of Seward, Alaska City Council Minutes January 5, 1998 Volume 33, Page 214 CALL TO ORDER The January 5, 1998 special meeting of the Seward City Council was called to order at 6:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY The pledge of allegiance to the flag was recited. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and 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 ABSENT was: Edgar Blatchford CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING KAREN SWARTZ, 706 2nd Ave, spoke in favor of the Council supporting former Mayor Louis Bencardino for the position of interim city manager. KELLY MARTIN, 906 2nd Ave, spoke in favor of the Council supporting former Mayor Louis Bencardino. Martin commented that Bencardino has the political expertise to represent the City in Juneau. BOB VALDATTA, 520 5th Ave, also spoke in favor of Bencardino for interim City Manager. Valdatta stated that the City needs someone to take the position of City Manager quickly. APPROVAL OF SPECIAL MEETING AGENDA MOTION (Clark/King) Approve the Special Meeting Agenda. City of Seward, Alaska City Council Minutes January 5, 1998 Volume 33, Page 215 1 Gifford requested additions to the agenda under new business, specifically the addition of item 6(c), a discussion of setting a time for a special meeting to discuss the strategy needed to negotiate a new electric power sales contract with Chugach Electric Association, and the addition of 6(d), setting up a time when the Council may wish to have a meeting with the City's federal lobbying firm. VOTE ON AGENDA AS AMENDED Motion Passed. Unanimous NEW BUSINESS Termination of negotiations for an employment agreement for city manager services with David Weitzel Clark gave a report regarding a conference call with Weitzel. At that time, Weitzel informed negotiating committee members Clark, Orr, and Reilly that he was unable to accept the position of City Manager because of his wife's ill health. MOTION (King /Orr) Terminate city manager negotiations with David Weitzel. Motion Passed. Unanimous City Manager Selection. MOTION (King/Orr) Motion Passed. Re -open recruitment for city manager position. Unanimous Schedule date for executive session. The Council set January 14 to have an executive session for the Council to discuss negotiating strategy regarding the proposed power sales contract with Chugach Electric Association. Schedule work session to discuss federal legislative priorities. The Council set January 19 to have a work session with the City's federal lobbyist to discuss the City's federal legislative priority list. COUNCIL COMMENTS None. CITIZENS' COMMENTS City of Seward, Alaska City Council Minutes January 5, 1998 Volume 33, Page 216 BRUCE SIEMINSKI, 213 Benson Drive, recommended to the Council that the City not lease any additional office space, but rather, should expand City Hall and bring those departments that occupy non -city owned spaces into City Hall. BOB VALDATI'A, 528 5' Ave, recommended that councilmembers spend more time at City Hall so they can see how the city operates. He suggested that the City work on re- routing a road that is in the vicinity of Cook Inlet Processors business at the Seward Marine Industrial Center. KELLY MARTIN, 906 2' Ave, expressed concern that someone had shot a family pet goat in the vicinity of Resurrection Road and was hoping that something would be done to find out who did the shooting. COUNCIL AND ADMINISTRATIVE RESPONSE TO CITIZENS' COMMENTS GHTORD responded to Sieminski's remarks regarding the current proposal to lease space and to Valdatta's concerns. Gifford advised the Council that he was available to Valdatta and other members of the public to address any concerns that arise. ADJOURNMENT The meeting was adjourned at 7:58 p.m. Patrick Reilly f City Clerk O F SE � 'ate (City ial 0 p.: v� ® �TFO.;� ° .�� a • t CvCa e Lowell R. Satin /( \' Mayor City of Seward, Alaska January 12, 1998 CALL TO ORDER City Council Minutes Volume 33, Page 217 The January 12, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Bob Satin. OPENING CEREMONY Sally Wakefield 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 Tylan Schrock, Assistant City Manager Eric Wohlforth, City Attorney Patrick Reilly, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Acting City Manager, Rick Gifford, submitted a written administrative work plan for the next six months. He recommended a strategic planning session for the Council. He stated members of the administration will take two trips to Juneau this month to visit with agencies and legislators. He announced Brad Gilman from the federal lobbyist group would be here for a work session January 19. King reported he has had several inquiries about bringing in natural gas to Seward and discussions with a private firm who is interested. Gifford stated the Alaska Public Utilities Commission has issued certificates to one company for our area and will research this out, inviting this company to visit Seward and make a presentation to the City. In following up on Bob Valdatta's concerns expressed last meeting, Orr commented that Northland Barge had some difficulties on the north dock. Gifford stated that the company was unloading explosives and had to meet stringent time lines according to City ordinance. He reported both the harbor master and the fire chief worked with the company, and the fire chief will submit a draft of the ordinances with changes to make the operations smoother. City of Seward, Alaska City Council Minutes January 12, 1998 Volume 33, Page 218 City Attorney's Report. Eric Wohlforth summarized the significant events: oral arguments before the Alaska Supreme Court was set for February 25 on the McDonald - Wakefield litigation; the shellfish hatchery transaction with an escrow agreement was completed; the Kenai Fjords Tours lease was reviewed; and the sales tax referendum was reviewed. Other Reports, Announcements, and Presentations. Seward Polar Bear Jumpoff Festival. Sally Grundman gave a presentation on the festival to be held January 16 -18 to raise funds in support cancer research. She reported some of the funds go for the care of cancer patients on the Kenai Peninsula. In response to Blatchford, she estimated about 3000 visitors will come to Seward. Alaska SeaLife Center Update. Roe Sturgulewski gave an update on the construction and preparations for the Alaska SeaLife Center opening. Providence Seward Medical Center Construction Update. Mark Fineman submitted a written report. He added the Federal Aviation Administration has issued a letter of non - objection to the helispot design. In response to Clark, he stated movers would assist in making the move from the old to the new facility in two days. CITIZEN'S COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING JOAN LANGLOIS, Mile 7.5, Grouse Lake Road, expressed her concern about a corporation building a private dock. In the case of the Kenai Fjords Tours Lease, she asked the Council to give special consideration to all aspects of the lease, in particular, the exclusion of vessels less than 60 feet in length, the liability of public use, and the impact on the downtown merchants who would receive little benefit. LEO WAKEFIELD, 439 Fifth Avenue, spoke in favor of Resolution No. 98 -01 which would exempt single family residences from business license requirements when they are rented. He found in his research from other real estate brokers that other communities on the Kenai Peninsula do not require business licenses as these rentals are considered passive income. BRUCE SIEMINSKI, 213 Benson, spoke in opposition to Resolution No. 98 -01 as all businesses should be treated the same, pointing out that Bed and Breakfast homes are licensed. Otherwise, he suggested the City should not have business licenses. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/King) Approve the Agenda and Consent Agenda. City of Seward, Alaska City Council Minutes January 12, 1998 Volume 33, Page 219 Gifford requested the addition of item 9. C. 3, Mail Out of Informational Flyer on the Sales Tax. VOTE ON AGENDA AND CONSENT AGENDA AS AMENDED Motion passed. Unanimous. The clerk read the following approved consent agenda items: Resolution No. 98 -003, approving a special event permit for the Seward Polar Bear Jumpoff, January 16 -18, 1998; and Appointing election workers for the January 20, 1998, special election. PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution No. 98 -001, authorizing the Acting City Manager to execute a twenty-year lease with Kenai Fjords Tours, a division of Alaska Heritage Tours, Inc., for a portion of Alaska Tideland Survey 174, a parcel south and seaward of Tract 2A, WATERFRONT TRACTS, according to Plat No. 95- 13, Seward Recording District, State of Alaska, containing 34,500 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. ANTOINETTE TROISFONTAINE, 230 Brownell, spoke on behalf of Brad Snowden and requested council to postpone action on the resolution until the next regular meeting when Mr. Snowden would be able to present his proposal for a lease in the area to the east of the lease under consideration, allowing both to be considered at the same time. DENNIS SWIDERSKI, 200 Marathon Drive, co -owner of Fresh Aire Charters, spoke about his concerns on some of the terms of the lease but did not oppose the lease. He asked for a definition of "related equipment' and equal access to the dock and whether there would be ticket sales allowed on the leased premises. He also stated that he was glad the Alaska SeaLife Center would not be packaging tours or selling tickets as part of its operations. TOM TOUGAS, 1907 Dora Way, stated he came forward with the proposal to build a dock in order to meet customer demand. He stated time to complete construction by May 15 is becoming critical. In response to concerns raised in the hearing, he stated: the size of the dock would need to fit the size of the boat for safety reasons, no fishing would be allowed from the dock, it would be strictly a pick up and drop off point for the tours with no other transportation City of Seward, Alaska City Council Minutes January 12, 1998 Volume 33, Page 220 within town provided, and that he would have preferred the request for proposals process, but the City deemed it would not be necessary as there was space for other operators to lease and build docks. He fielded a number of Council questions, informing them a gate would keep the public off the dock and that the "related equipment" would include a covered boarding area and boarding booth. He also stated he is willing to work out arrangements with other operators who would have sufficient insurance and would pay a pro rata share of the maintenance costs. If necessary, he would keep ticket sales off the premises. The dock would be in the water from mid -May to mid - September with an anticipated 10,000 customers per operator with two operators now slated for use. No one else came forward and the public hearing was closed. MOTION (Clark/Orr) Approve Resolution No. 98 -001. Gifford and Wohlforth stated technical adjustments would be needed in the lease and that the Alaska SeaLife Center part of the arrangement would need to completed to finalize the document. Council members Clark and Orr expressed concern about the impact of further delays and asked questions about what needed to be done to finalize the lease document by the next meeting. In response to Gage about how the lease rate was set, Gifford stated it was based on other similar leases and would be adjusted after an appraisal in 2000. Callahan brought up the issue of the public wanting access to ticket sales at the dock. MOTION (Clark/Blatchford) Postpone regular motion to the next regularly scheduled meeting on January 26, 1998. Motion passed. Other Public Hearing Items. None. Unanimous RECESS. The meeting recessed at 9 p.m. for five minutes. UNFINISHED BUSINESS. Items Postponed from Previous Agenda. MOTION (Clark/Satin) Approve November 6, 1997, meeting minutes Motion passed. Unanimous. City of Seward, Alaska City Council Minutes January 12, 1998 Volume 33, Page 221 NEW BUSINESS Ordinance No. 98 -01, amending Seward City Code Section 8.30.020 to exempt the rental of one single family residence from the requirement for a business license MOTION (King /Orr) Introduce Ordinance No. 98 -01. King spoke in favor of limiting exemptions to those who are only renting one home, and that this type of activity should not be considered by the City as being in business. Motion passed. Yes: Blatchford, Callahan, Gage, King, Orr, Satin No: Clark Resolution No. 98 -002, amending the fiscal year 1998 elections budget and appropriating funds MOTION (King /Orr) Approve Resolution No. 98 -002. Motion passed. Unanimous. Resolution No. 98 -004, amending the fiscal year 1998 legal budget and appropriating funds MOTION (Clark/Gage) Approve Resolution No. 98 -004. Blatchford declared a conflict of interest because he is a director of Qutekcak Native Tribe and this amendment to the legal budget was appropriating funds for the legal costs associated with developing agreements with the Alaska Department of Fish & Game and the Qutekcak Native Tribe for the operation of the Shellfish Hatchery. The Mayor agreed that Blatchford had a conflict and that he would not vote on this issue. Motion passed. Yes: Callahan, Clark, Gage, King, Orr, Satin Abstain: Blatchford Resolution No. 98 -005, approving a contract with Locher Interest, Ltd. for $34,955 for the management of the demolition of the old Seward Hospital MOTION (Orr / Blatchford) Approve Resolution No. 98 -005. In response to council questions, Calvert explained the proposed agreement between the City of Seward and Locher Interest, Ltd. Calvert explained that one of the purposes of this City of Seward, Alaska City Council Minutes January 12, 1998 Volume 33, Page 222 contract is to help monitor the environmental concerns that have arisen with the planned demolition of the Seward Hospital. Motion passed. Unanimous. Other New Business Items. City Manager Recruitment Update Reilly gave a brief update regarding the recruitment for a city manager. COUNCIL COMMENTS Blatchford looked forward to the Polar Bear Weekend and wished everyone a good time. King gave a Planning and Zoning Commission report. Gage expressed concern about the possibility that some volunteers at the Seward Teen Center may be a bad influence on some of the teens. Gage encouraged the City to do background checks on all who volunteer with the teens. Gage also said that she would discourage any type of small buildings, like the ones in the small boat harbor, from going up near the vicinity of the Alaska SeaLife Center. Clark thanked Marilyn Reynolds for her efforts with the Polar Bear Jump -off and encouraged citizens to vote in the upcoming election. Callahan did not favor development of structures which blocked the view of the waterfront. CITIZENS' COMMENTS Bruce Sieminski, Benson and Jesse Lee Drive, inquired about the status of natural gas coming to Seward. Leo Wakefield, 439 Fifth Avenue, finds the agenda format confusing and prefers when the Council votes on issues near the time when the public gives their input. Ron Long, Camelot, in response to a council discussion following Sieminski's comments under citizens' comments, gave a status report from the perspective of the Port and Commerce Advisory Board. Carol Chaudiere, 1129 Cliff View Place, expressed concern that the budget is so tight that there is little money to take care of the City's infrastructure and planning needs. City of Seward, Alaska City Council Minutes January 12, 1998 Volume 33, Page 223 i COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS. None. ADJOURNMENT The meeting adjourned at approximately 10:55 p.m. 1 n ,i' Q� Patrick Reilly City Clerk (City Seal) 1 i ) f, Lowell R. Satin Mayor Imo/— RA�HYf /\ ��(,INII Lowell R. Satin Mayor City of Seward, Alaska City Council Minutes January 26, 1998 Volume 33, Page 224 CALL TO ORDER The January 26, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Bob Satin. OPENING CEREMONY Sharon Anderson 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 Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. Assembly member Pat O'Brien reported that the School Board is ready to submit its budget to the Assembly. O'Brien opposes the purchase of land for the Volcano Center at Anchor Point. He supports the Volcano Center and feels there is Borough land already available that can be used for it. City Manager's Report. Acting City Manager Gifford reported that he, Tylan Schrock, Assistant City Manager, and Mayor Satin will travel to Juneau tomorrow to work with the City's lobbyist, Kent Dawson, on legislative priorities. The decision on hiring the new harbormaster is due shortly. Reilly reported he has received 20 city manager applications. City Attorney's Report. None. Other Reports, Announcements, and Presentations. Providence Seward Advisory Health Council. Barbara Fleming, representing the Providence Seward Advisory Health Council, reported on the role of the council in the community City of Seward, Alaska City Council Minutes January 26, 1998 Volume 33, Page 225 L' t 1 and its membership, the development of the strategic plan and its goals, and the formation of the Providence Seward Foundation. Gary Hughes, Executive Director, gave an operations report, emphasizing the progress of the staff working in the community on a number of projects with other entities. The move to the new facility will be completed February 8, 1998. Sondra Bowden, Nursing Supervisor, described the staffing and services. Hughes, answering Blatchford, confirmed that the telemedicine project is under development. Gage thanked Providence for its community involvement. Proposal to lease land for salmon enhancement at Spring Creek. Jeff Hetrick, Trail Lakes Hatchery, operated by Cook Inlet Aquaculture Association (CIAA), presented a proposal to lease City land on Spring Creek to use as a new release site for coho and sockeye smolt to improve the quality and quantity of returns under the salmon enhancement program. He answered Blatchford that the Bear Creek system would not change substantially and that they easily get 200 visitors daily at the fish weir. He responded to Gage that CIAA would put up signage explaining the project at the new site and to Satin that CIAA would work with the City to make the site manageable. Proposal to lease City of Seward tidelands and uplands in the area of the Alaska SeaLife Center. Brad Snowden introduced his proposal, stressing fair and equal competition for use of the dock. 0 VA 114 " 6 4 ,9011M G] MOTION (Orr /King) Allow Item 12, Citizens' Comments, at this time for this meeting only and allow it again in the regular order of items Orr and Callahan proposed that citizens should be allowed to speak on items that are not on the agenda early in the meeting rather than waiting until later. Gage felt this would delay the Council getting its business done. Motion Passed. YES: Blatchford, Callahan, Clark, King, Orr, Satin NO: Gage CITIZENS' COMMENTS KATHY CLINE, 523 Ballaine, Seward Chamber of Commerce Executive Director, spoke in support of the Seward Military Resort. She reported that Ed Lammon, its general manager, spoke with the Chamber about continuing to develop the resort and its relationship with the community. The Army brought in 56,000 visitors generating about 6 million in the Seward economy in 1997, patronizing local businesses. Cline recommended that the City either bring forth or drop any issues it may have with regard to its lease to the military. City of Seward, Alaska City Council Minutes January 26, 1998 Volume 33, Page 226 SHARON ANDERSON, 107 Ravina, spoke in favor of the military resort and reminded the Council of their responsibility as elected officials to represent Seward wherever they go. She stressed the contributions of the military to our safety here and in the world, and the fact that Seward is in competition with other communities for the kind of business the military brings. BRAD SNOWDEN, 525 Sixth Avenue, spoke in favor of the Seward Military Resort lease. RECESS: The meeting recessed for 10 minutes at 8:58 p.m. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING BRAD SNOWDEN, 525 Sixth Avenue, stated that Resolution Nos. 98 -001 and 98 -009 relate to his proposal, and requested action that would support his proposal. BRUCE SIEMINSKI, Benson and Jesse Lee Drive, supports the dock lease. Upon finding out that City leases vary in terms, he recommended that they all have the same terms to keep them fair and equal for all parties. MIKE WILEY, 219 Sixth Avenue, commended the Planning and Zoning Council for a good job on the sign ordinance. He requested Council amend the ordinance to allow signs in front of residences. He also stated support for private enterprise building docks. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION(Clark/Orr) Approve the Agenda and Consent Agenda. Satin added Item 10.A. Library Meeting, February 7, 1998. Gifford requested an executive session with the City Attorney present telephonically on the McDonald - Wakefield litigation. Clark added Item 8.C. City Manager Recruitment Update. Motion passed. MOTION (Clark/Blatchford) Unanimous. Hold executive session to discuss the McDonald/Wakefield Litigation following the regular meeting. Motion Passed. Unanimous The following items were approved on the consent agenda: Resolution No. 98 -007, continuation of federal lobbying services with the firms Robertson, Monagle & Eastaugh; and Baker, Zane, Edmonds and O'Malley; t City of Seward, Alaska January 26, 1998 City Council Minutes Volume 33, Page 227 Resolution No. 98 -008, renewal of the towing contract with Seward Towing Services; and Approval of November 24, 1997, meeting minutes. PUBLIC HEARINGS Ordinance No. 98 -01, amending Seward City Code Section 8.30.020 to exempt the rental of one single family residence from the requirement for a business license t Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. LEO WAKEFIELD, 439 Fifth Avenue, stated many property owners live out of town and as their property manager, he collects the sales tax. He feels the local business license is like another tax and that other communities do not require people renting a single family residence to hold a business license. BRAD SNOWDEN, 525 Sixth Avenue, spoke against the exemption stating it would not be fair and equal. No one else appeared in order to be heard, and the public hearing was closed. MOTION (King /Orr) Enact Ordinance No. 98 -01. King, in support of the ordinance, stated that people who rent their residences are not really in a business, and he stated there are other exemptions from the local license for government, fishermen and 14 -day vendors. Clark could not support the exemption unless borough and state laws change. Callahan pointed out that renting is an investment. Orr questioned Reilly who deferred to Deputy Clerk Patsy Jones about state licensing requirements for rentals of one family residence. Jones stated that she had contacted the State Business Licensing Division at least three times, two times in the past two weeks, and each time has learned the State requires a business license. She stated she processes about 40 licenses annually to those who rent one family residences. Satin felt exemptions would weaken the code, and the license protects the renter. Reilly pointed out that in the case of single - family residences, the license does not assure the house is safe. He further explained that the 14 -day exemption applied to garage sales, the Girl Scouts and other occasional sales. Motion failed. YES: King, Orr NO: Blatchford, Callahan, Clark, Gage, Orr, Satin City of Seward, Alaska City Council Minutes January 26, 1998 Volume 33, Page 228 Resolution No. 98 -006, a resolution of the City Council of the City of Seward Alaska, approving the purchase of Lot 8, Block 16, Federal Addition to Seward Townsite, for inclusion in the Two Lakes Park Notice of public hearing as posted and published as required by law was noted and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. MOTION(Clark/Satin) Approve Resolution No. 98 -006. Martin explained how the Park is now constituted and the long -term plan for consolidation. Clark established that the funds available are from a source separate from the general fund and that the existing lots in the Park need replatting. Parks and Recreation Director, Karin Sturdy, responded to questions from Clark and Orr and clarified that the use of the state grant of $54,000 is for acquisition, replatting and improvement. If any of the funds are diverted from the original intent, that portion will need to be returned. Motion Passed. Unanimous UNFINISHED BUSINESS Items Postponed from Previous Agenda Resolution No. 98 -001, authorizing the Acting City Manager to execute a twenty -year lease with Kenai Fjords Tours, a division of Alaska Heritage Tours, Inc., for a portion of Alaska Tideland Survey 174, a parcel south and seaward of Tract 2A, WATER- FRONT TRACTS, according to Plat No. 95 -13, Seward Recording District, State of Alaska, containing 34, 500 square feet, more or less Reilly noted that there was a motion on the floor for approval. MOTION (Clark/Blatchford) Amend by approving substitute Resolution No. 98 -001 Motion Passed. Unanimous Schrock summarized the changes made on the lease agreement since the January 12, 1998, regular meeting. The agreement pertains more to tidelands than uplands, prohibits selling tickets on the dock, caps user fees at $2.00 per head on the dock, and extends the time the facility comes on line to May 1999. Orr questioned the reference to third -party improvements and expressed concern this may lead to a boardwalk development similar to the small boat harbor. Blatchford requested a presentation from Tom Tougas, Director of Kenai Fjords Tours, who expressed that time to build the dock is becoming a concern and the matter of third -party improvements is not an issue City of Seward, Alaska City Council Minutes January 26, 1998 Volume 33, Page 229 t t for Kenai Fjords Tours, but a matter between the City and city attorney. Clark stated he wants to limit dock use to embarkation and disembarkation. Orr expressed concern that a single user not develop a monopoly using public land although he appreciates the proposed dock is to be built with private funds. Gifford reminded Council that there are two leases regarding the dock, one with Kenai Fjords Tours for use of the tidelands and one with Alaska SeaLife Center for the use of the dock. King, Blatchford, and Callahan all agreed that the agreement before the Council protects public use and competition. VOTE ON MOTION TO APPROVE SUBSTITUTE RESOLUTION Motion Passed. Unanimous City Manager Recruitment Update. Reilly requested a work session to draw up a short list of candidates. The Council agreed to meet February 9 at 6 p.m. for a work session prior to the regular meeting scheduled at 7:30 p.m, and directed the clerk to draw up two lists, qualified and not qualified applicants, and to make copies of all applications for each council member prior to the work session. MOTION (Satin /Clark) order. Suspend the rules to take items out of order Due to the short time remaining, Council agreed to take items needing timely action out of Motion Passed. Unanimous NEW BUSINESS Certification of the January 20, 1998, Special Election. MOTION (Clark/King) Certify the January 20, 1998, Special Elec- tion. Motion Passed. Unanimous The following results were declared official: Regular Ballots Absentee /Questioned Total TOTAL VOTES CAST: 346 21/3 370 TOTAL YES VOTES: 200 19/0 219 TOTAL NO VOTES: 146 2/0 148 City of Seward, Alaska City Council Minutes January 26, 1998 Volume 33, Page 230 TOTAL VOTES COUNTED: 346 21/0 367 Resolutions Resolution No. 98 -009, a resolution of the City Council of the City of Seward, Alaska, authorizing a consent and waiver agreement between the City of Seward and the Seward Association for the Advancement of Marine Science, to permit subleasing of a portion of the site of the Alaska SeaLife Center to Alaska Heritage Tours, Inc. MOTION (Blatchford /Orr) Motion passed. Approve Resolution No. 98 -009. Unanimous Proposal by Cook Inlet Aquaculture Association to lease land for salmon enhancement at Spring Creek MOTION (ClarkBlatchford) Schedule public hearing for the proposal to lease land for salmon enhancement at Spring Creek. There was a discussion regarding the procedures that need to be followed in the most timely manner and that the matter needs to go before the Planning and Zoning Commission. MOTION (OrrBlatchford) Amend the main motion to direct Adminis- tration to expedite procedures. Motion Passed. Unanimous. VOTE ON THE AMENDED MOTION Motion Passed. YES: Blatchford, Callahan, Clark, Orr, Satin NO: Gage, King CITIZENS COMMENTS RICHARD HUBBARD stated his belief the city clerk gave him twenty minutes for his presentation. Mayor Satin directed him to see the clerk about the proper form for presentations. BRAD SNOWDEN, 525 Sixth Avenue, read Council the letter from the city manager regarding his proposal to lease tidelands and questioned why the procedures were different than followed with the other proposal. t Official Results Special Election January 20, 1998 Proposition No. 1 Repeal of Ordinance No. 97 -19, which amends the Seward City Code Chapter 5.35, Sales Tax, increasing the sales tax to four (4) percent for the period April 1 to September 30, inclusive, for a period of three years effective April 1, 1998 C 1 Regular Ballots Absentee /Questioned Total TOTAL VOTES CAST: 346 21/3 370 TOTAL YES VOTES: 200 19/0 219 TOTAL NO VOTES: 146 2/0 148 TOTAL VOTES COUNTED: 346 21/0 367 These results were certified and declared official by the Seward City Council at its regular meeting of January 26, 1998. Lowell R. Satin Mayor "P atrick Reill City"r 2° •�m ,,, . „ ^.: - < 1•q • �jv wna„�a ` \f 0• T City of Seward, Alaska City Council Minutes January 26, 1998 Volume 33, Page 231 �J '�J ADJOURNMENT The meeting adjourned at 11:02 p.m. u Patrick Reilly City Clerk "�+ v�s� �YS •� •I : 4 re C� i +• S a y L ell R. Satin Mayor City of Seward, Alaska City Council Minutes February 9, 1998 Volume 33, Page 232 CALL TO ORDER The February 9, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Bob Satin. OPENING CEREMONY Councilmember Marie Gage 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 Tylan Schrock, Assistant City Manager Eric Wohlforth, City Attorney Patrick Reilly, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Acting City Manager, Rick Gifford, reported on the trip he made with Mayor Satin and Assistant City Manager Schrock to Juneau the last week of January to represent city issues to the Alaska State Legislature. He reported that Senator Torgerson included expansion of Spring Creek Correctional Center in SB 179 and the Seward harbor is included in a deferred maintenance bill. He stated the administration is preparing cost estimates to upgrade the harbor and a business plan in anticipation of the City assuming ownership from the state. He stated the City is in its third year of running the city jail under a 3 -year contract from the Department of Corrections. Chief Walker went to Juneau to address increased city jail costs. Gifford reported that he invited Enstar Natural Gas Company to make a presentation to the City on its future plans for delivery of natural gas in this area. Schrock reported on the work of the Resurrection River Flood Mitigation Task Force. He stated it would be presented to the Council at the February 23, 1998, meeting. City of Seward, Alaska City Council Minutes February 9, 1998 volume 33, Page 233 Gifford introduced Steve Wells, Executive Director, Joint Insurance Association, Alaska Municipal League, which administers the City's property and casualty insurance policy. Mr. Wells stated the Association has managed the risk of the City so well that it can pay cash dividends. He presented the City with a check for $76, 776.79. In response to an inquiry from Blatchford, Gifford responded that the money would go into the insurance reserve fund. City Attorney's Report. Attorney Eric Wohlforth reported on the review of the special election materials, conclusion of the lease with Kenai Fjords Tours, Inc., preparation of the Chugach Power Sales Contract, and conclusion of the Seward Forest Products matter. Other Reports, Announcements, and Presentations. Providence Seward Medical Center Construction Update. MARK FINEMAN stated the move into the facility was delayed one week, but they anticipate moving into the new facility this weekend. A conditional Certificate of Occupancy was issued. Planning and Zoning Commissioner Applicants. RON NIEBRUGGE, 509 Ballaine Boulevard., asked the Council to support his application for another term. HUGH DARLING was ill and unable to appear, and TOM SMITH sent a written statement. Historic Preservation Commissioner Applicant. TIM SCZAWINSKI, Nashwoods, said the Commission is quite active in registering historic buildings and planning for the 100th anniversary of the founding of Seward in 2003. He stated that he would like to be appointed to assist with this work. Railroad Depot Construction Update. TOM SWANN presented a written summary and reported the project is on schedule. In response to Clark, Swann stated that an architectural study was conducted to develop the guidelines to restore the building as close to its original state as possible. In response to Blatchford, Swann summarized his background in building design and construction. King stated his appreciation for use of local contractors and laborers. Satin added the site is clean and well tended. Shellfish Hatchery Update. JON AGOSTI reported on the installation, cleaning, and testing of existing hatchery equipment in the new facility in readiness to occupy it in early March. Additional equipment was ordered. In response to Clark, Agosti stated that clams, rock scallops and oysters are still being reared in the existing facility. He invited the Council for a site visit. City of Seward, Alaska City Council Minutes February 9, 1998 Volume 33, Page 234 CITIZEN'S COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING Mayor Satin reminded the public of the guidelines for conduct, noting that being allowed to speak does not absolve the speaker from normal courtesy nor protect the speaker from the consequences of slanderous or unfounded remarks. BRAD SNOWDEN, 525 Sixth Avenue, requested his proposal to lease tidelands and uplands be given the same consideration as the lease proposal submitted by another citizen and approved at the last City Council meeting. 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: Approval of the City Council December 1, and December 8, 1997 minutes. PUBLIC HEARINGS Cook Inlet Aquaculture Association (CIAA) Spring Creek Lease Proposal Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. JEFF HETRICK, Moose Pass, updated the Council on progress made on the Cook Inlet Aquaculture Association proposal since the last meeting. He met with Parks and Recreation and with the Community Development Departments to work out site details. The proposal was approved by the Planning and Zoning Commission contingent on a letter of support from the adjacent landowner. He stated that a letter from the Alaska Department Fish and Game to the adjacent land owner that the project would not interfere with future development on his land is pending. He added that a proposal to manage the fish is scheduled with the Regional Planning Team, Alaska Department of Fish and Game. Hetrick stated his appreciation for the support from the Council and City Administration. TOM BUCHANAN, 604 Adams, expressed his concerns about the new lease from the perspective that local commercial fishermen under the current Grouse Lake lease have been shut out of the Resurrection Bay fisheries since 1989 due to early closures. He suggested local fishermen be involved in cost recovery. City of Seward, Alaska City Council Minutes February 9, 1998 Volume 33, Page 235 i JESS E. SWEATT, Mile 6 Seward Highway, explained that the Grouse Lake program had originally been set up to benefit commercial fishermen. While he understood the need for the early closures in order to have enough quality red salmon for the cost recovery program, he stated that the July 15th closure shut the fishermen out of all returning salmon runs which occur later. Gage asked for clarification as she thought CIAA was to benefit commercial fishermen. Sweatt explained it was established to help fishermen restore the fish stocks and the fish runs. In response to a question from Callahan about the history, Sweatt explained that since the inception of limited entry, only seining occurs in Resurrection Bay. In response to Blatchford, he said there are 40 active commercial fishermen. Clark requested that the Mayor call Hetrick to the podium to address some of the issues raised following the hearing. JIM MCCRACKEN, 204 Resurrection Boulevard, stated that he is a member of the local Fish and Game Advisory Board and also a member of the local Fish Restoration Committee. He recommended that the Council handle the land lease and let Department of Fish and Game address management issues. JOHN BLACKWELL, 1713 Phoenix, identified himself as a Lower Cook Inlet seiner, a member of the local Fish and Game Advisory Board, and the Cook Inlet Seiners Association. Blackwell spoke in support of the work done by CIAA and for the proposed lease at Spring Creek. He stated that seiners benefit from the remote release done from Trail River, and the cost recovery program at Grouse Lake helps pay for it. He pointed out that commercial fishermen are in conflict with the sports fishermen because of the early closure, and therefore, unable to catch the pink salmon. He added that this needs to be addressed by the Department of Fish and Game. TIM MCDONALD, Mile 2 Nash Road, also pointed out that the commercial fishermen are unable to catch the plentiful pink salmon, which the sports fishermen really do not want, because of the early closure. No one else appeared in order to be heard and the public hearing was closed. MOTION (Clark/King) Direct the Administration to prepare a Use Permit Agreement with CIAA to use Spring Creek and an adjacent portion of Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, as a fish stocking and harvesting site. Gifford presented concerns that the City and the adjacent land owner did not want to see a release program compromise industrial uses of the Seward Marine Industrial Center in the future and City of Seward, Alaska City Council Minutes February 9, 1998 Volume 33, Page 236 that increased public use due to the release program would need to be anticipated. He recommended issuance of a use permit rather than a lease as the land use would not involve permanent structures. Gifford reminded the Council that although the use permit does not incur as much cost as a lease, the City does incur costs in its preparation. Community Development Director, Kerry Martin, added that the structures used at the site would be removed each season and that a draft of the use permit is in progress. Orr asked about whether Spring Creek has natural runs and Martin confirmed there are natural pink and chum runs. Martin added that the fish returning from the release program each year would be removed from the site each season. The Mayor called Hetrick forward to answer questions. Hetrick answered Clark that the project only deals with reds and silvers, that the Grouse Creek project would be discontinued, and activity would be confined to a 300 foot radius from the weir. In response to Gage he explained that CIAA receives funding from both 2% enhancement taxes, self - imposed by Cook Inlet fishermen, and the cost recovery program. In response to Blatchford about current camper use, Karin Sturdy, Director of the Parks and Recreation Department, said 1000 campers registered last season, but that this was about one -third of the estimated use. Orr commented that the Council did not need to deal with the fish management issues, but recommended it approve this opportunity to bring more fish into the Bay. King asked that more fish be released in lieu of payment for the permit. King stated he would like to see an additional 100,000 coho released in lieu of receiving cash under the terms of the agreement. Callahan stated the project will bring more people to the area. VOTE ON MOTION RECESS: Unanimous The meeting recessed at 8:53 p.m. for five minutes. UNFINISHED BUSINESS Ordinances for Introduction Ordinance No. 98 -02, repealing Seward City Code Chapter 12.10. Signs, amending Chapter 12.05, Technical Regulations, amending Title 15, Planning and Land Use Regulations and establishing Chapter 15.20, Signs. MOTION ( Clark/Blatchford) Introduce Ordinance No. 98 -02 and set for public hearing on February 23, 1998. City of Seward, Alaska City Council Minutes February 9, 1998 Volume 33, Page 237 Martin briefed the Council on the public input process conducted by the Planning and Zoning Commission. Clark encouraged citizens interested in public signs to come to the public hearing at the next regular meeting. King brought up for discussion an amendment to allow small identification signs for home occupations. Martin stated that this amendment had been discussed and defeated by the Planning and Zoning Commission; however, it had come up again in the work sessions with the downtown merchants. Clark requested previous discussions on this issue be made available to the Council. Orr stated that he had two calls on the small signage issue. Callahan and Gage stated they would support the ordinance as presented by the Planning and Zoning Commission who had put a lot of work into it. King pointed out that in considering a number of amendments recommended by the merchants, that the small signage amendment was inadvertently left out by the Planning and Zoning Commission. VOTE ON MOTION Motion Passed. Unanimous Proposal by Brad Snowden to lease City of Seward tidelands and uplands in the area of the Alaska SeaLife Center. MOTION (King /Orr) Direct Administration to assist Brad Snowden in the process of preparing a lease of City of Seward tidelands and uplands in the area of the Alaska SeaLife Center to be brought before Council, following the same procedures used by the City in prior leasing in this area. Schrock reviewed the seven steps of lease procedures followed in the lease agreement approved by Council last week. The only departure from established City procedures was that the lease agreement did not go before the Planning and Zoning Commission due to the fact the lands under consideration are submerged lands. City of Seward, Alaska City Council Minutes February 9, 1998 Volume 33, Page 238 Blatchford stated that he would look closely at the terms and conditions of the Snowden proposal and compare it to the Kenai Fjords Tours proposal, paying particular attention to both the process and terms. Satin clarified with Schrock that the negotiations might bring about different terms and conditions. In response to Gage, Schrock affirmed that two docks would fit in the area and that the request for proposals process would not have been significantly different from the current one in which individuals come forward on their own initiative. Motion passed. Unanimous Suggested changes to council agenda format to allow for citizen comments near the beginning of the meeting for items not on the agenda. MOTION (Clark/Orr) Amend Council procedures to have the City clerk make available sign -in sheets under agenda item No. 5, Citizens Com- ments, whereby persons desiring to com- ment shall indicate their desire to so. All presentations shall be limited to 2 minutes per person and a total time not to exceed 30 minutes for the entire item. Comments shall be taken as follows: A. Agenda Items not Scheduled for Public Hearing, and B. Items Other Than Those Appearing on the Agenda Gage stated her opposition to this change as it would cut into council time to do business and would not allow council members to respond to comments until much later when citizens have often left the meeting. Blatchford, Clark, King, Satin and Orr expressed that this change would maximize public participation. King and Orr stated that this is an opportunity for citizens to bring new matters before the Council. Motion passed. YES: Blatchford, Callahan, Clark, King, Orr, Satin NO: Gage City of Seward, Alaska City Council Minutes February 9, 1998 Volume 33, Page 239 I Informational Item and Reports. Proposed National Heritage Site Designation and/or National Historic Corridor. Mayor Satin reported on an organizational meeting held February 7, 1998, at the Seward Community Library to consider the steps necessary to establish the Kenai Mountains National Heritage Transportation Corridor. It would originate in Seward and end just before Anchorage, at Girdwood, recognizing the role of Native foot paths, the Iditarod Trail, the steamships on Kenai Lake, the Alaska Railroad, and the Seward Highway in the history of the region. The meeting initiated by the Kenai Peninsula Historical Association was held with representatives from Hope, Homer, Kenai, Soldotna, Seward, the U.S. Forest Service, and the U.S. Park Service. NEW BUSINESS Resolution No. 98 -010, approval of new Chugach Power Sales Contract with Chugach Electric Association. MOTION (Orr /Clark) Approve Resolution No. 98 -010. Dave Calvert, City Engineering Director, reviewed the contract, highlighting the effective length for 10 years, use of reserve funds to reduce existing surcharges, and the 4% reduction in consumer rates to offset the increase in surcharges. The City will be credited annually for self - generation up to 72 hours which helps to reduce the power bill. In response to Gage, Calvert explained the different items on a utility bill. In response to Clark, he clarified resale of Chugach power is not allowed but the sale of power from other sources of generation is. Calvert confirmed the statement by Orr that in the instance of the harbor, resale of power is allowed. Satin queried Calvert on several provisions. Calvert noted that the surcharge rate could change with changes in the cost of fuels and that the net savings, once costs of self - generation are deducted, would still be considerable. In response to Blatchford, he stated the effective date is March 1, 1998, and that consumers might see the changes in their bills in April. In response to Satin and Orr, he confirmed that capital credits accrue and are paid out annually from 10 years before. Calvert recommended a rate study of all utilities, and Gifford stated a proposal for this would come before Council. Motion passed. Unanimous City of Seward, Alaska City Council Minutes February 9, 1998 Volume 33, Page 240 Resolution No. 98 -011, approval of a settlement in the McDonald/Wakefield v. City of Seward litigation MOTION (King /Satin) Approve Resolution No. 98 -011. City Attorney Wohlforth gave an overview of the settlement which could be concluded tomorrow in court if the documents would be signed this evening. Callahan, King, Clark and Blatchford expressed reluctance to accept the settlement, but felt it was in the best interest of the City to do so. Gage stated she believed the City should continue with the litigation and not set a precedent with this settlement. Blatchford asked about the statement to be submitted by the mayor as part of the settlement. Callahan also expressed concern that this settlement would set an unfavorable precedent for others to sue the City and then settle out of court. Motion passed. YES: Blatchford, Callahan, Clark, King, Orr, Satin NO: Gage Other New Business Items Planning and Zoning Commission Appointments MOTION (Clark/King) Motion passed. Approve the appointment of Ron Niebrugge, Hugh W. Darling and Thomas D. Smith to the Seward Planning and Zon- ing Commission for new three -year terms to expire in February 2001. Unanimous. Historic Preservation Commission Appointment. MOTION (King/Clark) Approve the appointment of Timothy M. Sczawinski to a term on the Seward His- toric Preservation Commission to expire in May 1998. City of Seward, Alaska City Council Minutes February 9, 1998 Volume 33, Page 241 Callahan stated that Mr. Sczawinski is an excellent historian. Motion passed. Unanimous Formation of Ad -hoc City Council Legislative Committee. MOTION (Blatchford/Gage) Council appoint an ad hoc legislative com- mittee of three Council members. Blatchford explained the committee would represent the City before the state legislature and Congress on issues of concern to the City. It could involve local citizens and assist Administration in establishing strategies. Orr asked about the operating guidelines. Blatchford answered that it would have a chairperson, would give public notice and meet from time to time with community members and with City administration to develop legislative strategies. Orr and Satin expressed the usefulness of such a committee in communicating needs. Motion passed. Unanimous Reilly expressed concern about the formation of the committee and public notice of meetings. Orr asked about the legality of meeting on short notice. Reilly answered that three councilmembers would not constitute a violation of the open meetings law, but the potential occurs if a fourth councilmember of Council would come by. The city attorney agreed and added that the administration has recourse to the lobbyist when time is short. Clark inquired as to whether the committee would be tactical or strategic. MOTION (Satin /King) Postpone the formation of the committee until the next regular meeting. Motion passed. YES: Blatchford, Callahan, Gage, King, Satin NO: Clark, Orr INFORMATIONAL ITEMS AND REPORTS. None. COUNCIL COMMENTS GAGE recommended people interested in the living donor program contact Nancy Sadusky. She praised the good work done by Lieutenant David Brossow, who retired recently from the Seward Police Department, and in his honor she read a praiseworthy obituary written for Marshall Charles City of Seward, Alaska City Council Minutes February 9, 1998 Volume 33, Page 242 Wiley who died in 1917. Gage said Brossow has similar outstanding qualities that were exhibited by Wiley. KING inquired about amending an ordinance at introduction. Wohlforth answered that it is proper to do so and agreed it would assist the public in knowing the Council's intent. He thanked the administration for contacting Enstar. He gave a report on the February 4, 1998, Planning and Zoning Commission meeting. He commended the three applicants who were reappointed to the Planning and Zoning Commission and welcomed Tim Sczawinski to the Historic Preservation Commission. CITIZENS' COMMENTS TIM MCDONALD, Mile 2 Nash Road, expressed dismay at the reference to his law suit as frivolous when he felt he was acting in the interests of the City and the working man of Seward. He encouraged the Council to check into the bid proceedings which he felt resulted in selling City land at too low a rate. RON LONG, Camelot, commented that he thought the settlement relieved all parties of any future claims. As a representative of the Port and Commerce Advisory Board, he said completion and repair of the north dock is a key legislative priority and appreciated the City's support. CAROL CHAUDIERE, 1129 Cliff View, recommended that if the amendment to the sign ordinance for small signage for home occupations is considered, that signage be informational (name of business and property number) in nature, be restricted to what can be viewed within 30 -40 feet, and be within set back limits. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Reilly requested the Council members consider conducting evaluations of the city clerk, city manager and city attorney. ADJOURNMENT The meeting adjourned at 10:58 p.m. Patrick Reilly • City Clerk d ay C" u:"' ^•. (City Seal' w .i •a ° • / sue 11 '` ' T" `� Lowell R. Satin Mayor City of Seward, Alaska City Council Minute February 23, 1998 Volume 33, Page 243 I CALL TO ORDER The February 23, 1998 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Bob Satin. OPENING CEREMONY Jerry King led the pledge of allegiance to the flag. ROLL CALL There were present: Bob Satin, presiding, and Jerry F. King Stirrat (Stu) Clark Marie Gage Patrick J. Callahan Nathan Orr comprising a quorum of the Council; and Tylan Schrock, Acting City Manager Patrick Reilly, City Clerk ABSENT was: Edgar Blatchford (excused) SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Acting City Manager Tylan Schrock informed the Council that the Seward Highway Mile 0 -8 project was moved ahead on the design and right -of -way portions in the Statewide Transportation Improvement Plan (STIP) process. He introduced the new Harbor master, Jim Beckham. He submitted a written summary on the strategic planning session proposed by Neu and Company who would conduct it with Council members and city administration staff. In response to Council questions, he stated that recommendations on the hospital demolition bids were before the city engineer. He stated that, in accordance with the City Code, the City would have first option on useful materials left behind in the old facility. City Attorney's Report. None. Other Reports, Announcements and Presentations City of Seward, Alaska City Council Minute February 23, 1998 Volume 33, Page 244 Seward Flood Task Force - Update on Flood Issue. Schrock reported that this report was rescheduled to a future meeting as the task force had not received critical information from the Alaska Department of Transportation and the Alaska Railroad on their respective bridges. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (King/Orr) Approve the Agenda and Consent Agenda. Clark added item C.5, Set Date for Work Session to Evaluate City Manager Applicants. Satin removed items B.1. Resolution No. 98 -013, and 13.4. Resolution No. 98 -016, from the consent agenda. VOTE ON THE AMENDED AGENDA AND CONSENT AGENDA Motion Passed. Unanimous The clerk read the following approved consent agenda items: Resolution No. 98 -015, approving payment to Newbery Alaska, Inc. for emergency electrical work performed on the Transmission Line; and December 15, December 18, January 5, January 12, January 26 and February 9 meeting minutes. PUBLIC HEARINGS Ordinance No. 98 -02, repealing SCC Chapter 12.10 Signs, amending Chapter 12.05 Codes of Technical Regulations, amending Title 15 Planning and Land Use Regulations and establishing Chapter 15.20 Signs. 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, spoke in opposition to allowing signs for home occupations in residential districts. He stated that forty types of home occupations exist, creating the potential for a proliferation of signs that would detract from the quaint, attractive appearance of current neighborhoods. He also stated that the Planning and Zoning Commission had already considered the issue and voted against it. City of Seward, Alaska City Council Minute February 23, 1998 Volume 33, Page 245 F� No one else appeared in order to be heard and the public hearing was closed. MOTION (King /Clark) Enact Ordinance No. 98 -02 Community Development Director, Kerry Martin, fielded questions from the Council. He answered that a fee is charged as set by resolution for sign permits and noted the typographical errors that would need correction. In response to Callahan, both Martin and Schrock stated that the combined concerns of the downtown and harbor area merchants were addressed at a special work session, but they did not know if all of their concerns were satisfied. In response to Gage, Martin did not know if the "Emergency" sign on the Providence Seward Medical Center was in compliance with the code. To questions asked by Orr, he confirmed that the present and proposed code would allow for a resident to put a personal name and number plate on the side of a home, and that the city manager would designate the administrative official, usually the Community Development Director, to administer the sign code. MOTION (Clark/Orr) Amend the main motion to incorporate corrections of typographic and wording errors recommended by administration in Ordinance No. 98 -02. VOTE ON THE AMENDED ORDINANCE Motion Passed. Unanimous Resolution No. 98 -012, authorizing the city manager to negotiate with Brad Snowden to lease City of Seward tidelands for the purpose of development of a floating dock complex in the area of the Alaska SeaLife Center. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. MOTION (Clark/King) Approve Resolution No. 98 -012. Schrock reported that the Port and Commerce Board (P &CAB) supported the lease on February 9, 1998 and recommended a work session be held before the next regular meeting. He responded to questions from the Council, stating that the City has no control over when the Seward Association for the Advancement of Marine Science (SAAMS) would enter into the City of Seward, Alaska City Council Minute February 23, 1998 Volume 33, Page 246 process and that the purpose of the work session would be to give the same maximum public exposure to the lease that was given to the Kenai Fjords Tours lease. He reported in response to Callahan's question that the P &CB recommended to cut the proposed five years allowed to complete the construction of the dock down to two as this was more equal to the terms of the previous lease. The Council discussed the effect of voting on the resolution as opposed to postponing it. Schrock advised that voting now would have the effect of authorizing the administration to begin negotiations which would eliminate the need for a work session. King stated that the Council should go ahead and vote as the terms and conditions of the actual contract would be essentially the same as the previous one. Schrock reminded the Council that the previous lease proposal went through a rigorous process and that the administration would be uncomfortable if a different process were followed with the current proposal. Orr questioned whether a work session would be held with every lease proposal that would come before Council. Schrock responded in the negative but that it was an added step in the tidelands leases. He recommended the Council follow the regular lease process for future proposals. MOTION (Clark/Gage) Motion Passed. UNFINISHED BUSINESS Postpone the vote on Resolution No. 98- 012 until the next regular meeting, schedule a work session just prior to the next regular meeting and schedule a public hearing prior to the vote at the regular meeting on March 9, 1998 YES: Callahan, Clark, Gage, Orr, Satin NO: King Appointment of members to the Council Legislative Ad -hoc Committee. Several Council members recommended to postpone the appointment because they were uncertain as to the purpose of the committee and because Blatchford who initiated the formation of the committee was absent. Callahan suggested Blatchford present his ideas on the function of the committee in writing to the Council. Schrock said the committee clearly could not set policy or give direction on lobbying but could conduct some of the background research on issues and present it to the remainder of the Council. MOTION (Satin /Clark) Table the appointment of members to the Council Legislative Ad -hoc Committee. Motion Passed. Unanimous City of Seward, Alaska City Council Minute February 23, 1998 Volume 33, Page 247 J t NEW BUSINESS Resolution No. 98 -013, amending the City Council Rules of Procedure to amend Rule 26, Order of Business and Rule 27, Addressing the Council by the Public to allow Citizens' Comments on items not appearing on the agenda. MOTION (Clark/King) Approve Resolution No. 98 -013. Reilly explained that although the Council had approved the changes by motion at the last regular Council meeting, City code requires that changes to the City Council Rules of Procedure be made by resolution. Motion Passed. Unanimous Other New Business Items. Resolution No. 98 -016, approving an agreement with Dryden and LaRue to design a 25KV, three phase, underground tie between the north and south sides of Snow River for an amount not to exceed $12,000. MOTION (Clark/Orr) Approve Resolution No. 98 -016. Dave Calvert, Manager of Engineering and Utilities, explained the underground tie would be necessary as a span hanging under the 69 KV line already crossing Snow River would be far too long. In response to queries from Satin, he stated the tie would eliminate sole dependence on the Primrose transformer and enable it to be used as a backup system, and he confirmed that funding would come from the balance of the construction account that built the 25KV transmission lines. Motion Passed. Unanimous Schedule annual joint work session with Planning and Zoning Commission. Council members discussed with Reilly and Schrock the function of this work session and the advantages of scheduling it following the proposed strategic planning session. They agreed to take action at a future date once the strategic planning session was scheduled. Schedule evaluation of city clerk and city attorney. 7 LA Reilly briefed the Council on the process, and Clark volunteered to tabulate the individual written responses from council members. MOTION (Clark/Satin) Council evaluate the City Clerk in executive session following the regular City of Seward, Alaska February 23, 1998 Motion Passed. MOTION (Clark/Satin) Motion Passed. City Council Minute Volume 33, Page 248 meeting on March 9, 1998 and submit evaluation forms to Clark prior to March 5,1998. Unanimous Council evaluate the city attorney in executive session following the regular meeting on April 13,1998 and submit evaluation forms to Clark prior to April 9,1998. Unanimous Statement included in the McDonald - Wakefield litigation. Schrock advised the Council that the documents had been signed and that the closing was in progress. The mayor read the statement aloud. Set Date for Work Session to Evaluate City Manager Applicants. MOTION (Clark/Satin) Set up work session on March 5, 1998 at 7:30 p.m to evaluate responses to questionnaires from 13 applicants for the city manager position. Council discussed the process of narrowing the list of applicants. A work session date and time was discussed and this item was added to the agenda of the regular meeting on March 9, 1998. Motion Passed. Unanimous INFORMATIONAL ITEMS AND REPORTS February 11, 1998 letter inviting Commissioner Sedwick, Department of Commerce and Economic Development to a joint work session of the City Council and the Port and Commerce Advisory Board Schrock commented on the initiation of the Port and Commerce Advisory Board to extend this invitation and the potential benefit to the city of a visit by Commissioner Sedwick. COUNCIL COMMENTS ORR thanked administration for initiating the strategic planning process. City of Seward, Alaska City Council Minute February 23, 1998 Volume 33, Page 249 CALLAHAN stated he did not want to lose the softball field ( "Boulder Field ") to parking as the growing community would need increased recreational opportunities. He announced the start up of the Seward Youth Basketball League which currently had 100 youth involved Saturdays at the AVTEC gym and reminded Council that basketball games would be held at the high school the next two weekends. He commended Council for passing the new sign ordinance without changing it given all the work put into it by the Planning and Zoning Commission. He wondered at how new structures in the boat harbor had escaped the public process. GAGE commended Pat Callahan for his volunteer work coaching youth in basketball activities. She agreed with citizens who have expressed their opinion that Seward people as opposed to tourists should be first. She suggested that a more appropriate response to the girl who wrote a letter to the editor in the local paper about nothing to do in the community would have been to speak with her personally rather than a written rebuttal. CLARK also thanked the administration for contacting Mr. Neu in starting the strategic planning process. He stated he had had inquiries about the hiring policies of the City. He has responded that the Council is limited to hiring the city manager, city attorney and city clerk and to approving the selection of the police chief. He has reminded citizens that City staff receive training and performance reviews and that both the Council and the City are committed as well as required to hire the most qualified applicant for any position. SATIN praised the new Providence Seward Medical Center facility, invited all citizens to see him Wednesdays between 5 -6:30 p.m in the Seward Library basement with their concerns, and announced that the statewide competition called the National Oceanography Science Bowl would be held in Seward on Saturday, February 28, 1998, at the Alaska SeaLife Center. CITIZENS' COMMENTS RICHARD HUBBARD, no known address, spoke on a number of matters and made allegations against specific individuals. Orr raised a point of order and asked for a ruling on whether comments making personal attacks were allowed to continue under Roberts Rules of Order. Satin cautioned Mr. Hubbard that he had made personal accusations, and that his comments were more properly the purview of the legal system with other entities or individuals and not with the City of Seward. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS. None. ADJOURNMENT I The meeting adjourned at 9:05 p.m. City of Seward, Alaska City Council Minute February 23, 1998 Volume 33, Page 250 Patrick Reilly, City Cle (City sgeirlsmart're. 41 T y e, t City of Seward, Alaska March 9, 1998 CALL TO ORDER City Council Minutes Volume 34, Page 1 The March 9, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Bob Satin. PLEDGE OF ALLEGIANCE Police Chief, Tom Walker, led the pledge of allegiance to the flag. ROLL CALL There were present: t Bob Satin, presiding, and Stirrat (Stu) Clark Marie Gage Nathan Orr comprising a quorum of the Council; and Tylan Schrock, Acting City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk ABSENT was: Edgar Blatchford Patrick J. Callahan Jerry King (excused) SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Awards were presented to Seward High School students Mike Cole and Justin Ennis for winning State Wrestling Titles. Borough Assembly Report. None. t City Manager's Report. Acting City Manager, Tylan Schrock, asked that the strategic planning session be put on the agenda as he would need Council direction on arrangements and scheduling Mr. Neu. As a first step, he recommended the planning group remain focused, consisting of Council members and City department heads. In subsequent steps, the process could expand to include the community. He suggested the planning process be substantially completed before getting into the budgeting process which would be coming up this spring. He reminded Council of the Constituents Meeting at the Legislative Information Office on March 12 at which time members could speak on issues of concern to the City. He stated the first shellfish hatchery report from the Oversight Coordinator, Ray RaLonde, showed good progress as the hatchery brings the facility on line and works out details with Alaska Fish and Game. He commented that the changes in recreation sites have been proceeding according to plan. The removal of the basketball hoop at Hoben Park City of Seward, Alaska City Council Minutes March 9, 1998 Volume 34, Page 2 was part of the Park restoration plan and had been replaced by four hoops at the Youth Center and the Army Recreation Camp. Boulder Stadium would be removed when Citizen's Field is completed as part of a larger project planned by Kumin and Associates for the area. In response to Council questions, Schrock stated the project was approved with no objection from Council rather than by a vote and that the Fourth of July Softball Tournament was scheduled for this year in Boulder Stadium and would not be superseded by any parking needs. He added that all events scheduled in the field would take precedence over parking and that the parking contract would reflect this protocol. City Attorney's Report. Meyen listed work completed on the sign and explosives ordinances and announced that the sale of the sawmill was completed February 27, 1998. The City would also receive revenues from real and personal property taxes owed and paid to the Borough. He added that the conveyance of the tidelands is in progress. In response to an inquiry about the appropriateness of remarks made by a citizen at the last regular meeting on February 23 from Gage, Meyen read a memo which concluded it is best to err on the side of First Amendment rights of citizens of Seward. Other Reports, Announcements and Presentations Alaska SeaLife Center Update. Roe Sturgulewski reported that the Center is scheduled for occupancy March 16, 1998, and on track for the Seward opening April 25, 1998, and the Grand Opening May 1 -3, 1998. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA Agenda items not scheduled for public hearing JIM COLLMAN, 10426 Nabesna Circle, Eagle River, stated he has written a letter to all boat owners in the Small Boat Harbor asking them to organize to address the City on such issues as structural and electrical neglect. He requested that the City provide a short-term and a long -term business plan for the Harbor and stated that he is willing to answer questions. KELLY MARTIN, 906 Second Avenue, as a member of the Seward Historic Preservation Commission, requested the Council establish a 2003 Seward Centennial Planning Commission. As a citizen, she encouraged the Council to hire a city manager before conducting strategic planning and to include the three appointed bodies, Planning and Zoning Commission, Ports & Commerce Board, and the Seward Historic Preservation Commission in the planning session. BETH DEETER, 2409 Evergreen, as President of the Seward Parent, Teacher and Student Association (Seward PTSA) asked Council to support Resolution No.98 -017 requesting an increase in state funding of education. She cited how Seward schools are suffering from steady funding cuts and the traditionally strong support of education that has come from Seward. City of Seward, Alaska City Council Minutes March 9, 1998 Volume 34, Page 3 TOM TOUGAS, 907 Dora Way, spoke in support of renewing the paid parking contract with Randy McFarland and thanked him for working with Harbor merchants and visitors in making it a good system last summer. He asked the Council to keep parking policies consistent so that business people would know from year to year whether they need to provide parking or not. CAROL STURGULEWSKI, 200 Benson, spoke in favor of Resolution No. 98 -017 as the legislative chair for the Seward PTSA and reported briefly on her trip to Juneau. She stated that the need was for additional educational funds rather than a redistribution of funds among school districts. Items other than those appearing on the agenda KATHY CLINE, Marathon Subdivision, Lot 6, Camelot, announced she is the General Manager of the Chugach Heritage Center with an office in the Legends of the Mountain Restaurant. She reported on the progress made toward the May 1, 1998, opening when regular daily performances by a native dance troupe would begin. DAVID CHAMBERLAIN, 132 Railway Avenue, stated that he owns Pete and Mogie's Pizza Parlor, and requested information on the no parking zone established along Railway Avenue. He reminded Council his business has been assessed for parking and stated the no parking on Railway effectively eliminates 50 spaces which has hurt his business. APPROVAL OF AGENDA AND CONSENT MOTION (Clark/Orr) Approve the Agenda and Consent Agenda Clark added item 9(C)(2), Arrangements for the Strategic Planning Session, and item 9(C)(3), Review of Current Project Involving Boulder Stadium. Satin added 9(C)(4), Non - Objection of Mayor as Co -Chair of the United Way Campaign in the Kenai Peninsula Borough. VOTE ON THE AMENDED AGENDA AND CONSENT AGENDA Motion passed. Unanimous. The clerk read the following approved consent agenda items: Approval of January 12 and February 23, 1998, meeting minutes PUBLIC HEARINGS Resolution No. 98 -012, authorizing the City Manager to negotiate with Brad Snowden to lease City of Seward tidelands for the purpose of development of a floating dock complex in the area of the Alaska SeaLife Center. City of Seward, Alaska City Council Minutes March 9, 1998 Volume 34, Page 4 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. MOTION (Clark/Satin) Postpone motion on the floor to approve Resolution No. 98 -012 until the next regu- larly scheduled meeting on March 23,1998. Clark pointed out that Brad Snowden was not present to speak to the resolution. Gage would like to see approval by the Seward Association for the Advancement of Marine Science (SAAMS) in place prior to the City Council taking any action. Motion postponed. Unanimous. Resolution No. 98 -014, accepting Tract B, Alaska Railroad Right of Way, from the Alaska Department of Natural Resources under the Municipal Lands Entitlement Act. Community Development Director, Kerry Martin, summarized that the acceptance of these two acres would help consolidate waterfront properties owned by the City and that the public hearing is part of the process under the Municipal Lands Entitlement Act. He stated that after the Alaska Department of Natural Resources issues its findings of fact, the City would survey this parcel and it would be patented and deeded to the City. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. MOTION (Clark/Orr) Motion passed. Approve Resolution No. 98 -014. Unanimous. UNFINISHED BUSINESS MOTION (Blatchford/Clark) Remove the motion to appoint the Ad -hoc Legislative Committee from the table [this issue was tabled at the February 23, 1998, City Council meeting]. Blatchford explained the committee would allow the Council to expand its role in working with administration and members of the public to advise on legislative strategy that is now often only handled only by the Mayor. City of Seward, Alaska City Council Minutes March 9, 1998 Volume 34, Page 5 Motion passed. Unanimous. Gage raised a point of order that such a committee may not qualify under Council Rules of Procedure which states ad -hoc committees are set up for a specific purpose or when matters are too complex or too lengthy to be handled at regularly scheduled meetings. Reilly stated the Committee could be formed as long as it would be advisory on legislative matters and would not take any final action. Meyen advised the committee would not violate the open meetings law. The Council discussed the intent and the specificity of the committee. Blatchford clarified that the committee would be specific to 1998 legislative sessions, both state and federal, and that it would likely be most useful at the end of the state legislative session when the time would be critical to get information to and from Juneau before significant actions were taken. Satin appointed Clark, Satin and Orr with no objection. Reilly reminded Council that the committee would dissolve by the end of the fiscal year under Council rules. NEW BUSINESS Ordinance No. 98 -03, amending Title 9, Chapter 9.15, Article 3. Explosives. Acting Fire Chief, David Squires, outlined the changes in the ordinance, notably extending the permit time from 24 to 72 hours. He also listed: providing for an annual permit for permanent storage and long term use; increasing insurance requirements; outlining the requirements for obtaining an explosives permit; deleting the Port Security Card requirement; providing procedures for transporting, loading, unloading and discharging explosives; review by the City Engineer of blasting operational plans; and specifying zones appropriate for permanent storage within the City. He added that fees were increased to $125 for up to 72 hours and $250 for long term permits. MOTION (Clark/Orr) Introduce Ordinance No. 98 -03. In response to Council questions, Squires explained the extension of the permit time to 72 hours, the basis for permit costs, and the inclusion of the fee schedule in the ordinance. Motion passed. Unanimous. Resolution No. 98 -017, supporting increased educational funding in Alaska's public schools and encouraging the Alaska Legislature to provide an increase in the school foundation formula. MOTION (Clark/Gage) Approve Resolution No. 98 -017. Satin spoke in favor of the resolution, citing the potential loss of the school nurse, the arts program, music program, well qualified staff, and adequate maintenance of facilities in Seward. Clark emphasized that the resolution would speak to increasing the foundation formula. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes March 9, 1998 Volume 34, Page 6 Resolution No. 98 -018, extending a contract to Randy McFarland for parking management services on designated city -owned properties. Schrock commended Randy McFarland for his good work on the paid parking contract last season and for the sensitivity he showed working with the public. He noted that a number of administrative matters such as camping enforcement, cash handling, and articulation with the boat launching ramp would need to be addressed in the coming season. He explained the contract would be a one -year extension with no increased costs and would include a convenience termination clause should the administrative matters not be resolved adequately. MOTION (Clark/Blatchford) Approve Resolution No. 98 -018. MOTION (Callahan /Gage) Postpone approval until Council holds a work session with administration and Randy McFarland on the contract. Callahan stated a work session would help Council better understand the dynamics of paid parking. He would like more information such as the percentage of compliance, the type of enforcement used, and whether enforcement was adequate. He cited the experience of the self - registration program on the City campground which grew from 40 -50% compliance to 95 %. Both Gage and Callahan stated they see a potential for paid parking to bring in more revenues and that a work session would mutually benefit McFarland and the City. Schrock pointed out that McFarland did not aggressively enforce parking last season with administration's concurrence due to the highly political nature of the issue with the public. Orr, Clark, and Blatchford expressed opposition to the work session as they felt the Council already had recourse to administration with their concerns. Motion failed. YES: Callahan, Gage, Satin NO: Blatchford, Clark, Orr VOTE ON THE MAIN MOTION Motion passed. YES: Blatchford, Clark, Orr, Satin NO: Callahan, Gage RECESS: The meeting recessed at 9:05 for five minutes. Other New Business Items Arrangements for the Strategic Planning Session Clark said that he had added this item as he thought the purpose of the planning session was not clearly understood and that it had the potential to unite the Council in the common purpose of governing the City of Seward. He explained that if too many extraneous elements were introduced, City of Seward, Alaska City Council Minutes March 9, 1998 Volume 34, Page 7 t 1 it would be more difficult to achieve this purpose. He felt the main goal of the planning session would be for each Council member to express his or her aims, agendas and ideas and that it would be easier to express oneself in a small, focused group. MOTION (Clark/Orr) Conduct a strategic planning session lim- ited to city council members and city de- partment heads and administration as the active participants subsequent to hiring a new city manager. Gage stated that all the players, including the boards and commissions, should be included to reach the wider community. Gage and Satin stated that they understood the session to be training in the strategic planning process. Orr thought the process would also produce a plan. Schrock stated the Council could determine the scope and outcome of the planning session in any way they pleased and could plan for additional sessions as well. He clarified that if the group would be kept small and focused, the session realistically would result in a first cut of a plan, which then could be taken to a wider audience for input and involvement. With the more focused group, the Council could determine how they would conduct business and determine their priorities. He reminded the Council the session would be open to any interested member of the public as observers. Callahan stated that the new city manager should be involved and other members concurred. VOTE ON THE MOTION Motion passed. YES: Blatchford, Clark, Orr, Satin NO: Callahan, Gage Review of Current Project Involving Boulder Stadium Clark stated that Boulder Stadium was the keystone of the waterfront park system and that he would like it to stay. Mayor Satin requested the city manager to bring before Council a review of the project planned for the area. In response to Council questions, Schrock stated that there were no Request for Proposals procedures in place at this time and that no work would proceed until next fall at the earliest. Non - Objection of Mayor as Co -Chair of the United Way Campaign in the Kenai t Peninsula Borough. Mayor Satin explained that all the mayors on the Peninsula, with the consent of their respective councils, would serve as co- chairs of the United Way Campaign in the Kenai Peninsula Borough. In response to Gage, he stated that Seward generally contributes $7000, and receives $11,000, which is distributed to the Seward Life Action Council and the Seward Senior Center annually. He added Seward has a representative on the allocations committee and administrative costs are 15 %. Hearing no objection, he announced he would be the Seward Co- Chair. City of Seward, Alaska City Council Minutes March 9, 1998 Volume 34, Page 8 INFORMATIONAL ITEMS AND REPORTS City Manager recruitment Reilly read the schedule of public receptions and interviews for the following four applicants: Gene Green, Kim Cox, Bob Poe, and Scott Janke. Satin clarified this was not necessarily the short list of applicants. Satin complimented Reilly on good work, organizing the city manager recruitment and selection. Reilly affirmed that an executive session to consider selection would be possible at the regularly scheduled meeting on March 23, 1998. In response to Gage, he stated he would have as much background information, including background checks, as he could on the applicants before they arrived. Alaska Humanities Forum sponsored meeting regarding the Alaska Permanent Fund (meeting to be held on March 9 and 10, 7:00 -9:30 p.m., at the Alaska Vocational Technical Center 2nd Avenue Conference Room). Mayor Satin encouraged members of Council and the public to attend the session on Tuesday, March 10, 1998, to discuss the future of the Fund. COUNCIL COMMENTS CLARK stated he was glad to support the education funding resolution. He also stated the possibility of establishing an education endowment fund using Permanent Fund earnings and noted the possibility the Fund earnings might be taxed in the future. GAGE reported on the Independent Living Office available in Seward and the assistance provides to families with dependent members. CALLAHAN expressed congratulations to Aubrey Smith who came in third in the State Cross Country Skiing Competition which included all the high school teams from around the state. He recommended the City recognize her with a plaque. He announced the regional basketball tournament in which Seward high school teams will compete this weekend in Anchorage. He was pleased to see the memorandum regarding the possible demise of Boulder Stadium and suggested that the Council take up the mission to save this field. He wondered why he has been hearing the names McDonalds and Mapco lately. SATIN reported on the National Ocean Sciences Bowl, a statewide high school competition on knowledge of the oceans held at the new Alaska SeaLife Center, which was given a provisional certificate of occupancy for the event. He reported the Seward team acquitted itself well and looked forward to the event next year. City of Seward, Alaska March 9, 1998 CITIZENS' COMMENTS City Council Minutes Volume 34, Page 9 RANDY MCFARLAND stated he was open to having a work session with the Council. He stated the paid parking operation last year went well. He stated he would continue to be flexible and wondered how many negative letters were received by the City. He called his operation the Seward Parking Cooperative. He stated he would rather park cars than write tickets although he gets $1.06 for parking each car and $16 for writing every ticket. JIM COLLMAN, Eagle River, stated in response to Callahan his organization has a membership of one and that the harbor has 523 boat owners, about 190 of them in Seward. He expressed appreciation for the way McFarland handled him as one of the public last summer. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS SATIN complimented Collman on his letter detailing the issues in the Harbor. ORR replied it was still timely to include the Harbormaster in discussions on paid parking. CLARK asked if a business plan for the Harbor was in progress, and Schrock responded that in order to benefit from potential deferred maintenance funds, that the Harbormaster, working with a third -party engineer, and the Alaska Department of Transportation, Harbors Division, would need to assess the conditions and develop a plan. ADJOURNMENT The meeting adjourned at 9:55. Patrick Reilly City Clerk . � s �ea�trrar ?; (City 51 q' Ol�,q a • e 0 Lowell R. Satin Mayor City of Seward, Alaska City Council Minutes March 23, 1998 Volume 34, Page 10 CALL TO ORDER. The March 23, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Bob Satin. PLEDGE OF ALLEGIANCE The Seward Seahawk Girls Basketball Team 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 Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Seward Girls Basketball Team. Mayor Satin proclaimed March 23, 1998, Seward Seahawk Girls Basketball Team Appreciation Day in honor of the team winning the State High School Basketball Girls Team Class 3A Championship on March 21, 1998, and presented each member of the team and their coaches with a certificate. Seward's Day Proclamation. Mayor Satin read a proclamation recognizing March 30, 1998 as William Henry Seward Day. Historic Preservation Awards. Bill Hearn, Acting Chair of the Seward Historic Preservation Commission, read the proclamation listing the many contributions made by Donna Kowalski in preserving historic buildings and sites and in celebrating anniversaries of historic significance to Seward. Mayor Satin presented her husband Marty Kowalski with a 1998 Seward Historic Preservation Award in her honor. City of Seward, Alaska City Council Minutes March 23, 1998 Volume 34, Page 11 Bill Hearn read the proclamation listing the achievements of John and Marie Gage and their children for the time they spent restoring the Woodlawn Cemetery, and Mayor Satin presented the family with a 1998 Seward Preservation Award. Mayor Satin recognized additional 1998 recipients, Lee Poleske and Herman and Winifred Leirer, who were not present to accept their awards. Arctic Winter Games. Mayor Satin gave recognition to the recent Arctic Winter Games gold metal winners Mike Cole and Jesse Craske. Borough Assembly Report. On behalf of Assembly member Pat O'Brien, City Clerk Pat Reilly reported the Assembly passed a resolution similar to the one recently passed by the Seward City Council requesting the State Legislature provide increased educational funding. City Manager's Report. Acting City Manager, Rick Gifford, announced that the 1997 Community Development Block Grant for the Seward Life Action Council to purchase a new facility was approved for up to $150,000 and that the terms of the grant would need to be negotiated. He stated he would set up a work session with the Borough to educate the Council on the issues associated with the sales tax and personal property tax on April 13. He presented the Council a written summary of parking controls, referencing the City Code with respect to the respective jurisdictions of the Council and administration. He recommended a work session with the downtown merchants to discuss the establishment of time limits on parking downtown this summer in view of the impact of the opening of the Alaska SeaLife Center. City Attorney's Report. None Other Reports, Announcements and Presentations. Chugach Heritage Center Progress Report and Presentation. Kathy Cline, General Manager, reported that the restoration of the depot was on schedule. The key feature of the Center would be the dramatic performance by the Alaska Native troupe directed and choreographed by Jane Lind called "Journey beyond the Legends ". She added that Ms. Lind was still recruiting performers. In response to Gage, she indicated it would reflect the diverse Native cultures in our community. She announced the first performance would be held April 27 and continued through mid - September. The grand opening would be May 8 and 9. She encouraged anyone interested in a site walk of the Center, or an invitation to a reception for Jane Lind on April 3 in Anchorage, to contact her. She stated that Chugach Alaska Corporation will soon come before the Council with a request to exercise their option and to purchase the railroad depot building. She introduced Project Superintendent Tom Swann who updated the Council with a written and verbal report on the progress of the facility renovations. He stated that a separate contract to handle the artifacts display would be let. Alaska SeaLife Center Grand Opening. Maureen Sims presented a written application for a special events permit for May 1 -3, to block off Railway Avenue between Third and Fifth Avenues. They are expecting crowds which may approach 5000 people and for street dancing City of Seward, Alaska City Council Minutes March 23, 1998 Volume 34, Page 12 associated with the Grand Opening. She briefly outlined the schedule of special events for April 25, the Community Opening, and for May 1 -3, the Grand Opening. She reported on invitations sent to local non - profits to provide vending booths and requests for proposals sent statewide to provide entertainment. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA Agenda items not scheduled for public hearing BRAD SNOWDEN, 525 Sixth Avenue, in reference to Resolution No. 98 -025, recom- mended the Council widen Railway Avenue and provide for a bus pull out. In reference to Resolution No. 98 -026, he reminded Council that he was required as part of his lease in the small boat harbor to put in a road and boardwalk, both public improvements, and announced he would later request reimbursement due to a Supreme Court ruling that private citizens could not be required to make public improvements. He then referenced his plans for a floating dock at the Alaska SeaLife Center and a hotel in the harbor and announced his candidacy for Governor. BILL HEARN, 416 Fourth Avenue, Apartment 4, came forward on behalf of the Seward Historic Preservation Commission and reported on the weekend events planned in celebration of Seward's Day, including the first annual community photograph at the beach on May 28, 1998 at noon. RON LONG, Camelot, spoke as a representative of Afognak in favor of Resolution No. 98- 022 and Resolution No. 98 -026, indicating that in both cases awarding contracts without going to bid were in the public interest and that the companies able to do the projects had been contacted regarding their interest. Items other than those appearing on the agenda. No one came forward to speak. APPROVAL OF AGENDA AND CONSENT MOTION (Clark/King) Approve the Agenda and Consent Agenda. Mayor Satin removed from the consent agenda item 9(B)(1), Resolution No. 98 -019, placing the Seward Commercial Company building on the Seward Register of Historic Places, item 9(B)(2), Resolution No. 98 -020, amending the Snow Plowing & Sanding Services Contract with Metco, Inc. to increase the contract to ensure coverage for the rest of the 1997 -98 season and appropriating funds, item 10(A), Rejection of referendum petition to repeal Ordinance No. 571 as filed by Mr. Bruce Sieminski, and item 10(B), Harborside Park Plan - Kumin Concept Design. Gifford added item 9(C)(4), Proposal to Purchase of the Old Railroad Depot by Chugach Alaska Corporation, and item 9(C)(5), Schedule a Work Session on Downtown Parking. Clark added item 9(C)(6), Work Session on Harbor Improvements. City of Seward, Alaska City Council Minutes March 23, 1998 Volume 34, Page 13 VOTE ON THE AMENDED AGENDA AND CONSENT AGENDA Motion passed. Unanimous. MOTION (King /Clark) Hold Executive Session immediately follow- ing adjournment of the regular meeting in order to review semiannual performance evaluations of the City Clerk. Motion passed. Unanimous. The clerk read the following approved consent agenda items: Approval of the March 9, 1998, meeting minutes PUBLIC HEARINGS Ordinance No. 98 -03, amending Title 9, Chapter 9.15, Article 3. Explosives. Acting Fire Chief, David Squires, presented an amendment to the ordinance to allow permit fees to be set by resolution and recommended that an annual cost analysis be made to assure that fees remained equitable. Gifford added that the cost analysis would occur administratively through the budget process. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. MOTION (Clark/King) MOTION (Clark/Orr) Approve Ordinance No. 98 -03. Amend Ordinance No. 98 -03, Section 9.15.310, to replace the wording specifying dollar amounts for permit fees with "and a permit fee as set by resolution shall accompany...". Council discussion noted the trend away from fees set in ordinances and reviewed the steps and costs of getting permits. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes March 23, 1998 Volume 34, Page 14 VOTE ON APPROVAL OF THE AMENDED ORDINANCE Motion passed. Unanimous. NOTE: Mayor Satin raised a point of order and asked why he was always last on the vote roster. The clerk responded that it has been tradition for the mayor to vote last and that the issue could be put on a future agenda for discussion. UNFINISHED BUSINESS Items Postponed from Previous Agenda Resolution No. 98 -012, authorizing the City Manager to negotiate with Brad Snowden to lease City of Seward tidelands for the purpose of development of a floating dock complex in the area of the Alaska SeaLife Center. Gifford reported that Mr. Snowden had not completed arrangements with the Seward Association for the Advancement of Marine Science ( SAAMS) and that administration recom- mended postponing or tabling the resolution until these would be finished. Satin questioned how SAAMS notified the City of its approval of its part in the previous lease. Discussion resolved that SAAMS gave verbal notification of approval that would be reflected in the minutes of the SAAMS Board. MOTION (SatinBlatchford) Table vote on Resolution No. 98 -012 until such time that an agreement between Mr. Brad Snowden and the Seward Association for the Advancement of Marine Science is completed. King, Orr and Callahan stated that this matter had been before Council several times now and that the process would not compromise the spirit of equal treatment if the Council approved the resolution contingent on approval from SAAMS Board, provided the approval was given in the same manner as for the previous lease. Motion failed. YES: Blatchford, Satin NO: Callahan, Clark, Gage, King, Orr MOTION (Orr /Clark) Amend Resolution No. 98 -012, Section 1, to add "contingent on verbal notification of the approval of the concept of the uplands lease by the Seward Association of Ad- vancement of Marine Science Board." City of Seward, Alaska City Council Minutes March 23, 1998 Volume 34, Page 15 Motion passed. YES: Blatchford, Clark, Gage, King, Orr, Satin NO: Callahan f] t VOTE ON APPROVAL OF THE AMENDED RESOLUTION Motion passed. YES: Blatchford, Clark, Gage, King, Orr, Satin NO: Callahan RECESS: The meeting recessed at 9:00 p.m. for five minutes. NEW BUSINESS MOTION (Clark/ King) Suspend the rules and bring item 9(C)(3) forward to complete selection of the city manager. Gage disagreed with changing the order of business, but Clark stated that the Council might not get through the agenda this evening, unnecessarily delaying the selection of the city manager. Motion passed. YES: Blatchford, Callahan, Clark, King, Orr, Satin NO: Gage City Manager Selection, offer to negotiate a contract with one of the four city manager candidates who were recently interviewed (Kim Cox, Gene Green, Scott Janke, Bob Poe) MOTION (Clark/Satin) Straw vote by written ballot for the first choice of the city manager candidates with ballots to be distributed, collected and read by the city clerk; if there is no majority, then the candidate with the least votes would be deleted and a second vote by written ballot would be conducted; the process would be repeated until a candidate received a majority of votes. Council discussion clarified the process. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes March 23, 1998 Volume 34, Page 16 Each council member expressed his or her preference. Clark stated that he preferred Kim Cox as he took a keen interest in Seward, had researched the community well, and had extensive municipal experience with an outside perspective. He took time to explore the community and to talk to individuals while here for the interview from Tennessee. King spoke in favor of Robert Poe who had extensive training and experience in the public and private sector, working with, international trade, and transportation and initiating projects. His particular strengths were in accounting, trouble- shooting, and management with extensive contacts in the state and beyond. Blatchford and Gage concurred. Callahan and Satin stated their preference for Scott Janke, who was one of the two candidates within the state with municipal experience. They stated his strength was in planning and working with both city departments and citizens. Orr did not state a preference. FIRST ROUND VOTE FOR A CITY MANAGER (Scott Janke won a majority of support) Blatchford: Poe Callahan: Janke Clark: Janke Gage: Janke King: Poe Orr: Janke Satin: Janke MOTION (Clark/Satin) Motion passed. Negotiate contract to work as the city man- ager of the City of Seward with Scott Janke by a committee to be appointed by the mayor. Unanimous. Mayor Satin appointed Clark, Callahan and Satin to the committee. Resolution No. 98 -019, placing the Seward Commercial Company building on the Seward Register of Historic Places MOTION (Clark/Orr) Approve Resolution No. 98 -019. Gifford explained the process of placing buildings on the register. Council discussion revealed that the designation did not impede the use or sale of the building by the owner. Motion passed. Unanimous. Resolution No. 98 -020, amending the Snow Plowing & Sanding Services Contract with Metco, Inc. to increase the contract to ensure coverage for the rest of the 1997 -98 season and appropriating funds. City of Seward, Alaska City Council Minutes March 23, 1998 Volume 34, Page 17 t t t City Engineer Director, Dave Calvert, explained funding for the contract was depleted and that despite the current weather, winter might not be over. In response to Council questions, Gifford reported on expenses over the past five years, explaining that for the past two winters they had been lower than in previous years, and that unexpended funds lapse into the general fund. MOTION (King/Clark) Motion passed. Approve Resolution No. 98 -020. Unanimous Resolution No. 98 -021, authorizing the City Manager to enter into a contract with Alaska Abatement for the demolition of the old Seward Hospital Building for an amount not -to- exceed $289,000 and appropriating funds. MOTION (Clark/King) Approve Resolution No. 98 -021. Calvert reported that Alaska Abatement was the low bidder and that the bid was reviewed by the project oversight firm, Locher Interests. He warned there might be unknowns that require additional work such as removal of contaminated soil or other previously unidentified amounts of hazardous materials, but that the terms of the contract contained provisions for keeping the expenditures within the expressed limits for specified tasks. He reported the plan to issue the intent to award tomorrow, with demolition to begin within one of month. Within the next month, useful materials would be identified and taken out, and the Fire Department would use the facility for a training exercise. Council discussion developed over the source of project funds and the option of retaining and using the old facility. Gifford and Calvert reported that the old facility could not be retained due to the presence of hazardous materials, such as asbestos and lead, and the presence of the new facility within the set back of the old facility, in violation of the fire code, prohibiting approval by the fire marshall. Other discussion ensued on the terms of the contract with regard to soil testing and the clean up of contaminated soil should it be uncovered. Calvert responded that indicators of contaminated soil did not exist, and therefore, soil core samples which would have been expensive were not taken. He further indicated these terms would be negotiated by the administration. VOTE ON THE MOTION Motion passed. YES: Callahan, Clark, Gage, King, Orr, Satin NO: Blatchford Resolution No. 98 -022, authorizing the City Manager to enter into a contract with Kodiak Lumber, Ltd., an Alaska Corporation, to remove rock at a price of $1.00 /Ton from the City owned 4th of July Quarry to satisfy a contract Afognak Logging has with Red Samm Construction, Inc. to supply rip -rap for the Ouzinkie Small Boat Harbor. MOTION (King /Orr) Approve Resolution No. 98 -022. City of Seward, Alaska City Council Minutes March 23, 1998 Volume 34, Page 19 MOTION (Clark/King) Motion passed. Approve Resolution No. 98 -024. Unanimous. Resolution No. 98 -025, accepting a municipal capital project matching grant award from the State of Alaska and appropriating the City matching requirement from the General Fund Balance for the renovation of Hoben Park. MOTION (King/Clark) Approve Resolution No. 98 -025. Parks and Recreation Director, Karin Sturdy, explained Phase I plans for refurbishing Hoben Park, noting the replacement and relocation of the retaining wall and the relocation of the two monuments. Assistant City Manager, Tylan Schrock, explained that source of the funds and the imminent need he perceived to develop the park to harmonize with the Alaska SeaLife Center and the Chugach Cultural Center. Council discussion explored using city staff and equipment to work on the project; Calvert and Schrock explained city crews would be diverted from cleaning up the City into a project where they might not be as effective as a contractor. Orr reminded the Council that the funds were free grant money, and it was in the best interest of the City to use them. King suggested going to the Borough for funding Phase II, and questioning from Gage clarified the match could be in -kind. Motion passed. Unanimous. Resolution No. 98 -026, authorizing the City Manager to proceed with the Small Boat Harbor Boardwalk Project by awarding the pile- driving contract to Storm Chasers in a not -to- exceed amount of $60,000 and bid the remainder of the Harbor Boardwalk Project. MOTION (OrrBlatchford) Approve Resolution No. 98 -026. Gifford explained the scope of the project, noting the fact a pile driver was already present, saving funds, and the urgency to make harbor improvements by May 1. Harbormaster James Beckham fielded questions from the Council regarding costs, source of funds, durability of the proposed galvanized steel pilings, and the timing of the installation with the construction of the new buildings. Discussion clarified that 5/7 of the costs would be recovered from assessments of present and future lease holders along the boardwalk. MOTION (Clark/King) Amend Resolution No. 98 -026 to add: WHEREAS, the City Council has deter- mined that the public interest would be best served by not requiring competitive bids /proposals and makes the following findings: 1) There is a local company on site and now available to drive the 38 -8 inch pilings required. 2) The only other City of Seward, Alaska City Council Minutes March 23, 1998 Volume 34, Page 19 t MOTION (Clark/King) Approve Resolution No. 98 -024. t t Motion passed. Unanimous. Resolution No. 98 -025, accepting a municipal capital project matching grant award from the State of Alaska and appropriating the City matching requirement from the General Fund Balance for the renovation of Hoben Park. MOTION (King/Clark) Approve Resolution No. 98 -025. Parks and Recreation Director, Karin Sturdy, explained Phase I plans for refurbishing Hoben Park, noting the replacement and relocation of the retaining wall and the relocation of the two monuments. Assistant City Manager, Tylan Schrock, explained that source of the funds and the imminent need he perceived to develop the park to harmonize with the Alaska SeaLife Center and the Chugach Cultural Center. Council discussion explored using city staff and equipment to work on the project; Calvert and Schrock explained city crews would be diverted from cleaning up the City into a project where they might not be as effective as a contractor. Orr reminded the Council that the funds were free grant money, and it was in the best interest of the City to use them. King suggested going to the Borough for funding Phase II, and questioning from Gage clarified the match could be in -kind. Motion passed. Unanimous. Resolution No. 98 -026, authorizing the City Manager to proceed with the Small Boat Harbor Boardwalk Project by awarding the pile- driving contract to Storm Chasers in a not -to- exceed amount of $60,000 and bid the remainder of the Harbor Boardwalk Project. MOTION (Orr /Blatchford) Approve Resolution No. 98 -026. Gifford explained the scope of the project, noting the fact a pile driver was already present, saving funds, and the urgency to make harbor improvements by May 1. Harbormaster James Beckham fielded questions from the Council regarding costs, source of funds, durability of the proposed galvanized steel pilings, and the timing of the installation with the construction of the new buildings. Discussion clarified that 5/7 of the costs would be recovered from assessments of present and future lease holders along the boardwalk. MOTION (Clark/King) Amend Resolution No. 98 -026 to add: WHEREAS, the City Council has deter- mined that the public interest would be best served by not requiring competitive bids /proposals and makes the following findings: 1) There is a local company on site and now available to drive the 38 -8 inch pilings required. 2) The only other City of Seward, Alaska City Council Minutes March 23, 1998 Volume 34, Page 20 company in Seward that could do this work, is not interested in bidding this pro- ject because of equipment unavailability. 3) Bidding this project would add approxi- mately three weeks to the construction time and would not result in any cost savings. Motion passed. YES: Blatchford, Callahan, Clark, King, Orr, Satin NO: Gage VOTE ON THE APPROVAL OF THE AMENDED RESOLUTION Motion passed. MOTION (Satin /Clark) YES: Blatchford, Callahan, Clark, King, Orr, Satin NO: Gage Move to suspend the rules to allow Citi- zens' Comments. Motion passed. COUNCIL COMMENTS. None CITIZENS' COMMENTS. Unanimous. RON LONG, Camelot, confirmed the sound from loading crushed rock would be minimized this summer, compared to last season. CAROL CHAUDIERE, 1129 Cliff Place, as an original Hoben Park Restoration Committee member, recommended a park design that would require little maintenance, noting the fountain needed repairing and that gardens and hedges would require continuous attention. BRAD SNOWDEN, 525 Sixth Avenue, thanked Council for approving Resolution 98 -012 allowing negotiations for the floating dock to proceed. He spoke against demolition of the hospital, stating that asbestos could be removed without removing the building. Mr. Snowden agreed with how Mr. Calvert handled the issue of removing the oil tank at the hospital. He recommended contacting Rotary and the Iditarod Trailblazers to help with Hoben Park. He complimented Karin Sturdy for her work. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS. None. ADJOURNMENT. t J City of Seward, Alaska March 23, 1998 City Council Minutes Volume 34, Page 21 Council agreed to conduct unfinished business at the next regular meeting, and the meeting adjourned at 11:03 p.m. Patrick Reilly City Clerk (City Yl � • ll H C) J owell R. Satin Mayor City of Seward, Alaska City Council Minutes April 13, 1998 Volume 34, Page 22 CALL TO ORDER The April 13, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Bob Satin. OPENING CEREMONY Tylan Schrock led the pledge of allegiance to the flag. ROLL CALL There were present: Bob Satin, presiding, and Edgar Blatchford Stirrat (Stu) Clark Marie Gage Patrick J. Callahan Nathan Orr comprising a quorum of the Council; and Rick Gifford, Acting City Manager Tylan Schrock. Assistant City Manager Patrick Reilly, City Clerk Eric Wohlforth, City Attorney ABSENT was: Jerry King (excused) SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Certificate of Appreciation to Seward Phoenix Log Editor, Eric Fry. Mayor Satin presented Eric Fry with a certificate of appreciation, thanking him for excellent service in keeping the public well informed on City matters. He also welcomed and introduced Mr. Fry's replacement, Colleen Kelly. Proclaiming Saturday, April 25,1998, Super Saturday Clean Up Day. Mayor Satin read a proclamation and gave details on the proceedings planned for this clean-up day. The awards ceremony will be held at the Alaska SeaLife Center and prizes donated by local businesses. City of Seward, Alaska City Council Minutes April 13, 1998 Volume 34, Page 23 Proclaiming Wednesday, it g esday, Apri 22, 1998, Earth Day. Mayor Satin read the proclamation, noting the formation of the local Friends of the Park, a new volunteer program to help operate, maintain and beautify the park areas and gardens of the City. Borough Assembly Report. Assemblyman Pat O'Brien announced that a public meeting regarding the formation the Greater Seward Advisory Planning Commission would be held in Seward, April 22, 1998, 7 p.m.. He encouraged residents outside of city limits to attend. He also reported on Resurrection River Task Force packet which was presented to the Senate Appropriations representatives, noting that the price of a new railroad bridge was absent. He announced he would be meeting with railroad representatives on this price and the Lake Drive railroad crossing at Mile 6.5 Seward Highway next Wednesday. He also noted that the Assembly was monitoring Senate Bill 36 on amending education funding closely, taking up considerable Assembly time City Manager's Report. Acting City Manager, Rick Gifford, reported on the trip to Juneau April 1 -3, 1998 to cover Alaska Municipal League issues and to meet with legislators. He reported that expansion of Spring Creek Correction Center is not included in current legislation and that current scenarios for deferred maintenance measures would address schools as the first priority followed by harbor improvements, which would be helpful to Seward, but that proposed cuts in revenue sharing municipal assistance and contract jails would not be. Gifford reported on meeting with staff from Senator Steven's office and the U.S. Senate Appropriations Committee on April 7, 1998, on a train ride to Seward from Girdwood during which they discussed the railroad dock funding, multiagency facility funding and flood mitigation measures. In response to Council questions, he answered the new city manager would be here by May 1 and that Anne Castellina of the US. Park Service and Duane Harp of the U.S. Forest Services also met with Appropriations Committee staff on the multiagency facility funding. City Attorney's Report. Attorney Wohlforth briefly noted work has been conducted on planning and zoning, personnel, sales tax, ordinance, referendum, encroachment permits, and water utility rate schedule issues. He reported the Gateway Texaco lease trial would be set for August and that the trial discovery and other preparations were in progress. Other Reports, Announcements and Presentations Department of Fish and Game, Division of Wildlife Conservation, presentation on proposed federal legislation known as "Teaming With Wildlife ". Jonne Slemons, with the Alaska Department of Fish and Game, distributed a packet of information on proposed federal legislation to increase the number of user groups who would contribute an excise tax to be dedicated to conserve non -game species, educate the public, and develop recreation facilities. She reported the legislation specifically targets sports and outdoor equipment with a 21/2 to 5% excise tax at the level of the manufacturer. She stated it would potentially generate $17.5 million for Alaska, 60% to the Alaska Department of Fish and Game and 40% to the Division of Parks. She asked for Council endorsement by resolution. City of Seward, Alaska City Council Minutes April 13, 1998 Volume 34, Page 24 Alaska SeaLife Center Update. Roe Sturgulewski announced that Center staff and animals have moved into the facility. He reported that two remaining areas required a Certificate of Occupancy, that the exhibits would be progressively coming on line, and that final details would be worked out right up to the openings. He added visitations by schools have started and the first sleep over would take place next week. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA Agenda items not scheduled for public hearing TIM SCZAWINSKI, Wolf Trail Lane, Woodland Hills Subdivision, and a member of the Seward Historic Preservation Commission, asked that the Council consider additional matters in regard to Hoben Park under Resolution No. 98 -035. He reported that the alterations slated for the Park were not presented to the Seward Historic Preservation Commission in accordance with procedures for a historic property and that there were archaeological resources in the Park that required their attention. BRUCE SIEMINSKI, 213 Benson, noted that items nos. 4 -5 under New Business would waive bid procedures. He encouraged Council to follow these procedures, further noting item 6, pertaining to the purchase of a derrick truck, should be awarded through the motor pool. He recommended that item 8, pertaining to legal fees, be removed from the Consent Agenda and explained. He also recommended services of the City Attorney be evaluated in terms of costs to the City if this is not already part of the proceedings. RON LONG, Castle Drive, Camelot, spoke in support of the proposed "Teaming with Wildlife" legislation as it would share costs of maintaining wildlife populations among all users and asked the Council to consider putting it on the agenda. He clarified that "zoning" would not be a part of the title of the Greater Seward Advisory Planning Commission. BRAD SNOWDEN, 525 Sixth Avenue, expressed the difficulty of getting results through government proceedings. CAROL CHAUDIERE, 1129 Cliff Place, in reference to Resolution No. 98 -035, cautioned that the wrought iron railing currently in place was the original fence with historic value and should be retained for placement in the museum if not reused. Items other than those appearing on the agenda. BRAD SNOWDEN, 525 Sixth Avenue, stated that the federal government was taking too much away from the states in managing fish and game, and he advocated for a states' rights convention in Seward. City of Seward, Alaska City Council Minutes April 13, 1998 Volume 34, Page 25 1 J APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/Callahan) Approve the Agenda and Consent Agenda. Callahan removed from the Consent Agenda item 9(13)(7), Resolution No. 98 -035, issuing a contract to Chugach Engineering, Inc. to install a retaining wall at Hoben Park and Gage removed item 9(13)(2), Resolution No. 98 -030, accepting a public awareness campaign grant in the amount of $750.00 and appropriating a matching portion of $750.00 for an education campaign designed to advertise the State of Alaska's laws regarding minor's consuming alcohol and the loss of their driver's license for such citations, and item 9(13)(8), Resolution No. 98 -036, appropriating funds from Harbor Enterprise Fund Land Sales, to the Seward Forest Products in the Harbor Enterprise Fund for legal fees. Gifford requested the addition of item 6(B), an executive session to review the Gateway Texaco lease litigation, following the first executive session to evaluate the performance of the city attorney. VOTE ON THE AMENDED AGENDA AND CONSENT AGENDA. Motion passed. MOTION (ClarkBlatchford) Unanimous. Hold executive session immediately follow- ing adjournment of the regular meeting in order to review performance evaluations of the City Attorney. Motion passed. MOTION (Clark/Gage) Motion passed. Unanimous. Hold executive session immediately follow- ing adjournment of the regular meeting and the first executive session to review litigation on the Gateway Texaco lease, including the attendance of the acting city manager, assistant city manager, commu- nity development director, city clerk, and city attorney. Unanimous. The clerk read the following approved consent agenda items: Resolution No. 98 -029, extending a contract for one additional year with Judy Merritt, d.b.a. Merritt Enterprises, for custodial services at two parks and recreation department off -site locations: Alaska Vocational Technical Center and the Teen and Youth Center. City of Seward, Alaska City Council Minutes April 13, 1998 Volume 34, Page 26 Resolution No. 98 -031, authorizing the administration to proceed with the application for the USDA Forest Service Rural Community Assistance Program and the Alaska Department of Community & Regional Affairs Rural Development Assistance interpretive signs and walking tours mini -grant. Approval of the March 23 regular and March 31 special meeting minutes. A Resolution of the Seward Historic Preservation Commission, recommending that the City Council establish a Seward Centennial Planning Committee. Report of purchases between $5,000 to $10,000. PUBLIC HEARINGS None. UNFINISHED BUSINESS Items not Completed from Previous Agenda Rejection of referendum petition to repeal Ordinance No. 571 as filed by Mr. Bruce Sieminski. The clerk confirmed the referendum petition had been rejected and that Mr. Sieminski might come forward with an initiative petition. Proposal by Chugach Alaska Corporation to Purchase the Old Railroad Depot Building. Gifford reported that Chugach Alaska Corporation would like to exercise its option to purchase prior to October 1, 1998, in order to gain a tax advantage and that it would necessitate a change in the lease. The Mayor ruled that Mr. Blatchford, as a shareholder and board member of Chugach Alaska Corporation, would not participate in the discussion. Council discussion resolved that any lease changes would have a public hearing and that these changes would include consideration of the construction completion date, 30 -foot encroachment of the current area leased on Hoben Park, and bike path issues. Hearing no objection from Council, the Mayor requested that the Administration proceed with the lease changes and bring the new lease before council at which time a public hearing would be scheduled. Scheduling of a Work Session on Downtown Parking MOTION (Clark/Satin) Schedule a work session on downtown parking at 6 p.m., followed by a special meeting at 8 p.m., on April 20, 1998. City of Seward, Alaska City Council Minutes April 13, 1998 Volume 34, Page 27 t 1 Gifford requested a work session and recommended a subsequent special meeting to resolve public policy issues regarding parking problems in the downtown area, before the summer season would begin. Orr and Callahan stated that more time than one week was needed to generate maximum public input and to avoid hasty decisions on a complex issue. Clark stated that considerable discussion through the Downtown Business Association had already taken place and that the Council discussion had already been delayed once. MOTION (Gage /Orr) Amend the main motion to hold a work session from 6 p.m. to adjournment, delet- ing the provision for a special meeting. Motion failed. YES: Gage, Orr NO: Blatchford, Callahan, Clark, Satin Discussion clarified the Council would not be required to take action at the April 20, 1998, special meeting. Administration stated that the Administration would draft a resolution and agenda statement for the meeting should council be ready to take action. VOTE ON THE MAIN MOTION Motion passed. YES: Blatchford, Clark, Orr, Satin NO: Callahan, Gage Scheduling of a Work Session on Harbor Improvement. Clark stated that management plans for the harbor have not been updated recently nor sufficiently reviewed by the public. Gifford clarified that the proper purview of the Council was public policy and not administrative matters. Following discussion, the consensus of the Council was to wait until the new city manager began work before scheduling a work session. Gifford extended an invitation to Council members to see him, the Assistant City Manager, or the Harbor Master regarding any harbor matters. RECESS: The meeting recessed at 9:06 for five minutes. NEW BUSINESS Resolution No. 98 -030, accepting a public awareness campaign grant in the amount of $750.00 and appropriating a matching portion of $750.00 for an education campaign designed to advertise the State of Alaska's laws regarding minor's consuming alcohol and the loss of their driver's license for such citations. MOTION (Clark/Gage) Approve Resolution No. 98 -030. City of Seward, Alaska City Council Minutes April 13, 1998 Volume 34, Page 28 Parks & Recreation Director, Karin Sturdy, clarified that this campaign would not duplicate the post - graduation party planned at the Alaska SeaLife Center and that the Seward Teen & Youth Center would partner with this activity. Motion passed. Unanimous. Resolution No. 98 -032, authorizing the City Manager to enter into an agreement with Rozak Engineering without the full utilization of city bid procedures to provide services necessary to allow removal of underground fuel tanks for an amount not -to- exceed $16,000, and further authorizing the purchase of new fuel tanks and other material for an amount not -to- exceed $3,400. MOTION (Orr /Clark) Approve Resolution No. 98 -032. City Engineer Director, Dave Calvert, summarized that the funds would be use to remove and dispose of six underground fuel tanks that fuel the standby generators at different locations in the community by December 31, 1998, as required by law. He explained that he solicited two written bids from other contractors that were higher. In response to Orr, he stated that the City has applied for Department of Environmental Conservation (DEC) grants in the past but that the City was low on the priority list. Gifford added that contractors were required to have a special license from DEC to do this kind of work. In response to Satin, he stated the City had no program to detect contaminated soils and that a contingency fund was included to handle this problem, if it was necessary. Council discussion clarified the City was exempt from bid procedures as the nature of the project was professional services according to City Code. Callahan stated that he wanted to issue an RFP for this project, and Clark expressed the wish to pursue multiple bids, even for professional services, whenever possible, although it was not as pertinent in this case. Gifford responded to Council questions that the costs of the RFP process would add to the cost of the project and that the number of qualified contractors in the area numbered five to six. Motion passed. YES: Blatchford, Clark, Gage, Orr, Satin NO: Callahan Resolution No. 98 -033, authorizing the City Manager to enter into a contract with Wince - Corthell- Bryson Consulting Engineers without the full utilization of city bid procedures to design a new well -house for Well Number Six for an amount not -to- exceed $24,525. MOTION (Clark/Blatchford) Approve Resolution No. 98 -033. In response to Blatchford, the City Attorney defined professional services according to City Code. Clark expressed again the desirability of getting multiple bids although he was aware of the costs of the RFP process for small purchases were not always cost effective. Dave Calvert reviewed the history of bidding this project last fall when both proposals were rejected. Council discussion clarified the current proposal would be to design the well and well house, which would then be used City of Seward, Alaska City Council Minutes April 13, 1998 Volume 34, Page 29 t t as a basis to issue an RFP for construction of the well, which has been since drilled, and well house. In response to Orr, both Gifford and Calvert explained the City procedures in soliciting professional services in general. In response to Council questions, Calvert answered numerous technical questions regarding the operation and maintenance of city wells and water quality and clarified that the City does not have a water utilization plan. Motion passed. YES: Blatchford, Clark, Gage, Orr NO: Callahan, Satin Resolution No. 98 -034, authorizing the City Manager to enter into a contract to purchase a Digger/Derrick from Pacific Utility Equipment Company for a price not to exceed $228,629. When no motion was made, Satin moved to the next item. MOTION (Blatchford /Gage) Overrule the chair's decision to move to the next item Motion failed. YES: Blatchford, Gage, Orr NO: Callahan, Clark, Satin Resolution No. 98 -035, issuing a contract to Chugach Engineering, Inc., to install a retaining wall at Hoben Park. MOTION (Orr /Callahan) Approve Resolution No. 98 -035. Mayor Satin ruled that Blatchford, as a shareholder and board member of Chugach Alaska Corporation, had a conflict of interest and would not participate in the discussion or voting. Sturdy presented a brief history of the park and recommendations of the Hoben Park Ad -hoc Committee. In response to Callahan, she stated the Iditarod monuments would be moved to be in conformity with the historic nature of the park and to give more prominence to the monuments. She stated that Chugach Alaska Corporation would support having the monuments on the property they propose to buy or failing that, there were other alternatives. Sturdy stated that a representative of the Seward Historic Preservation Commission was on the Ad -hoc Committee, but that the plan developed by the Committee did not go before the Commission as intended for reasons unknown. Schrock stated that the plan put forth by the Ad -hoc Committee had much public input and that it restored the Park to its original state, which would allow the Park to be nominated as a National Historic Register. Gifford noted a number of people had expressed concerns to the City about safety conditions and appearance. In response to Orr's concerns that all bases had been covered for Hoben Park to qualify as a historic landmark, Sturdy, Schrock and Gifford answered that the State Historic Preservation Office had reviewed plans and that the City was following their guidelines; that there were three safety issues: the height of the retaining wall, the replacement of the iron rail, and the establishment of the sidewalk; and that the replacement materials for safety measures would not detract from its City of Seward, Alaska City Council Minutes April 13, 1998 Volume 34, Page 30 historic nature. Callahan asked why Strand Hunt was allowed to destroy the Park in the process of constructing the Alaska SeaLife Center. Satin responded that Center would be repairing damages. In response to Clark, Gifford explained and Wohlforth agreed that "in the public interest" would need to be added to the resolution to conform with the exceptions of the bid procedures allowed under the City Code. MOTION (Clark, Gage) Amend the resolution by adding the clause "whereas it is determined the public inter- est would be best served by not requiring public bids for the project because safety considerations require immediate action ". Motion passed. MOTION (Clark, Gage) Motion passed. Unanimous. Amend the third whereas to add at the end, "including reasonable salvage of the iron work." Unanimous. I me I DI ".0 - NO 13 7u [OTI 11313 Motion passed. YES: Blatchford, Clark, Gage, Orr, Satin NO: Callahan Resolution No. 98 -036, appropriating funds from Harbor Enterprise Fund Land Sales, to the Seward Forest Products in the Harbor Enterprise Fund for legal fees. MOTION (Clark/Orr) Approve Resolution No. 98 -036. Gifford explained that the reasons for the additional funds derived from the costs of the McDonald - Wakefield litigation and the subsequent delay in closing of the sale of the sawmill site VOTE ON MOTION. Motion passed. Unanimous MOTION (Callahan /Orr) Suspend the rules to move to Council Com- ments. Motion passed. YES: Blatchford, Callahan, Clark, Gage, Satin NO: Orr City of Seward, Alaska City Council Minutes April 13, 1998 Volume 34, Page 31 COUNCIL COMMENTS CLARK noted that Senate Bill 36 on educational funding was taking considerable time in Juneau. SATIN reported that deferred maintenance legislation included considerations to raise funds through a State General Obligation Bond or another state measure that would create $400 million to address school and harbor maintenance. He stated Seward, along with Kodiak, were models of a tripartite inspection system that would allow these communities to receive funds readily if they became available. GAGE reported that Mt. Marathon Homemakers Association would be hosting the Kenai Peninsula convention in Seward this weekend. She announced that Rex Spofford from the Spring Creek Correctional Center was chosen as the Correctional Officer of the Year for the whole United States and would receive a national award from Vice President Al Gore on May 2, 1998. She commended Police Officer Helgo for his excellent communication with teen -agers . CALLAHAN requested to be put on the agenda at the next Council meeting to ask for an exception as a public official to work for the City of Seward in order to be employed in his field of experience in the Parks & Recreation Department. ORR commented that he found it inappropriate that Callahan asked to suspend items of public business to serve his own interests. CALLAHAN responded that he wanted to put the issue before the public by giving them plenty of advance notice. CITIZENS' COMMENTS CAROL CHAUDIERE, 1129 Cliff Place, spoke to the lease negotiation process for public lands along the waterfront and for the depot, stating that the public had approved negotiations to lease and then had been surprised when provisions were added for an option to buy or for a long- term, 30 -year lease. She requested that Council examine the lease process. She also asked Council to consider aesthetics of an excessive number of signs when planning for management of the downtown parking. DAVE CRANE, 429 Second Avenue, thanked the Council for scheduling a work session on the downtown parking issue, noting that it was timely and already had been postponed once. He stated that the Downtown Business Association (DBA) of 30 people in addition to their employees represented about 100 people, a significant public involvement to date. BRUCE SIEMINSKI, 213 Benson Avenue, asked when the budget process would take place. Gifford responded it was scheduled after the first of May. City of Seward, Alaska City Council Minutes April 13, 1998 Volume 34, Page 32 COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ORR clarified he did not object to a work session regarding the parking issues downtown but that he had seen no plan to date and wanted to avoid any hasty decision which might not be in the public interest. CALLAHAN stated he would like to see a lot of work sessions on the downtown parking problems but that it would be prudent to have the new city manager on the job when a decision was made as he would be the one to implement such a plan. GAGE asked Crane if the DBA had a plan. He responded that there was none but that DBA had identified a number of parking problems and would deliver whatever plan DBA had by next Friday. CLARK clarified he was operating under the assumption that the DBA document passed out at the last DBA meeting, at which he was present, was a proposal, and that such proposal could be the basis of a resolution. BLATCHFORD agreed that the DBA is a public group and welcomed what they would have to present. CALLAHAN recommended the DBA, or any public group, present a working document for Council to consider as it developed policy. Schrock added the City has worked closely with DBA and has identified the major policy issues that need to be brought to the Council. SATIN reminded the public he is available to meet with individuals or groups in the Seward Community Library basement, Wednesdays, at 5 -6:30 p.m. In 13-LOI 9 1101,75 101011 The meeting was adjourned at 11:00 . Patrick Reilly e ,� City Clerk ea.o„���• (City Sei �' t a • T7 � m e • r r • v p• •: `/ n a p •• i� .�!•.° °tea, Lowell R. Satin Mayor City of Seward, Alaska City Council Minutes April 20, 1998 Volume 34, Page 33 CALL TO ORDER The April 20, 1998, special meeting of the Seward City Council was called to order at 8:00 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY The pledge of allegiance to the flag was recited. ROLL CALL There were present: Lowell 'Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Stu Clark Marie Gage Jerry King Nathan Orr �l comprising a quorum of the Council; and Tylan Schrock, Assistant City Manager Dave Calvert, Manager Engineering and Utilities Patrick Reilly, City Clerk ABSENT None. APPROVAL OF SPECIAL MEETING AGENDA MOTION (CLARK/KING) Approve the Agenda. King questioned why this parking issue was coming up at a special meeting instead of a regular meeting. Schrock responded that there has been discussion about parking and there was a need for lead time in ordering parking signs if the Council wished to go forward with a parking resolution. Callahan deleted Resolution No. 98 -039. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes April 20, 1998 Volume 34, Page 34 CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING BRAD SNOWDEN, 525 6th Avenue, spoke in favor of increasing the two minute public input opportunity to a five minute public input opportunity. JIM MCCRACKEN, 204 Resurrection Blvd., thanked the Council for the time they have spent on the parking issue and discussed traffic flow issues. CARL NORMAN, 220 5th Ave., Harbor Dinner Club owner, spoke in favor of putting a parking limit on 5th Avenue in addition to 4th Avenue so that the 4th Avenue overflow would not spill onto 5th Avenue. GENE BRADLEY, 213 5th Ave., First Video owner, in regards to parking, spoke in favor of including Railway to Adams Street. NEW BUSINESS MOTION (CLARKBLATCHFORD) Approve Resolution No. 98 -037, establish- ing a two hour parking time limit on Fourth Avenue between Railway and Jefferson Street between Third Avenue and Fifth Avenue on Washington Street and Adams Street from 8:00 a.m. - 5:00 p.m. from May 1 to September 1 and allowing for a resident permit. Gage questioned whether Blatchford or Clark had a conflict of interest. She stated that Blatchford is a business owner in the area and Clark attended Downtown Business Association meetings. Clark stated that he attended Downtown Business Association meetings as a representative of the Seward Chamber of Commerce. Satin did not believe that Blatchford had a conflict of interest because the parking restriction area did not include 5th Avenue. MOTION (KING /ORR) Amend Resolution No. 98 -037, to include Fifth Avenue, between Railway and Adams Street. Now that there was an amendment to include Fifth Avenue as part of the proposed parking area, Satin ruled that Blatchford had a conflict of interest and could no longer vote on this issue. City of Seward, Alaska City Council Minutes April 20, 1998 Volume 34, Page 35 Motion passed. YES: Clark, King, Orr, Satin NO: Callahan, Gage ABSTAIN: Blatchford The Council discussed at length various parking scenarios. Motion (Clark/Satin) Amend Resolution No. 98 -037 to add a section 6 to state cost of parking enforcement to be borne by the parking revenue enterprise fund. Clark noted that the purpose of this amendment was to assure that funding would be available to implement the parking plan. Motion failed. YES: Clark, Satin NO: Callahan, Gage, King, Orr ABSTAIN: Blatchford Motion (King/Gage) To postpone to the April 27 meeting Motion passes. YES: Callahan, Gage, King, Orr NO: Clark, Satin ABSTAIN: Blatchford RECESS: The meeting was recessed for 5 minutes at 9:30 p.m. MOTION (Blatchford/Gage) Approve Resolution No. 98 -038, authorizing the City Manager to enter into a contract to purchase a Digger/Derrick from Pacific Utility Equipment Company for a price not to exceed $228,629. Dave Calvert, Manager of Engineering and Utilities, explained the necessity for this vehicle. He clarified that the vehicle will be a derrick truck, and not a digger /derrick truck. Calvert introduced City of Seward lineman, Bill Purdue. Purdue gave specific examples that demonstrated the need for the derrick truck and how it would be a benefit in accomplishing the work that is needed to be accomplished. Gage noted that she appreciated hearing from Purdue and having him available to answer questions. Satin did not believe that the City should spend nearly a 1/4 of a million dollars for this rig. Motion passed. YES: Blatchford, Clark, Gage, King, Orr City of Seward, Alaska City Council Minutes April 20, 1998 Volume 34, Page 36 NO: Callahan, Satin COUNCIL COMMENTS ORR, questioned why issues, such as parking, come before the City Council in a manner that the body feels that they are being rushed into making hasty decisions. CALLAHAN, noted that he withdrew Resolution No. 98 -039 in part because he now had another job. GAGE, noted that there were currently several fund- raising events going on in the community to assist the family of Justin Bryers, a 17 year old boy that recently died. Gage also noted, that the boy's father also passed away this week. KING, thanked everyone who came out to discuss the parking issue. Noted that the Alaska SeaLife Center has been under construction for years, and that the parking issue is not new and there is no need to rush the decision. He spoke in favor of a simple parking enforcement method, possibly using sporadic enforcement or just signs. SATIN, stated he was convinced that the passage of Resolution No. 98 -038 was not a wise economical decision and encouraged other members of the council to consider changing their mind and requesting a reconsideration of this issue at the next council meeting. CITIZENS' COMMENTS MARGARET ANDERSON, 11256 Park Place, disappointed that the parking issue was postponed. BRUCE SIEMINSKI, 213 Benson, noted that the public spaces used for parking belongs to everyone and that the Council should consider using funds from the public parking areas in the small boat harbor to help solve parking problems in other areas of the City. JENNIFER HEADTKE, Mile 24, Seward Highway, and 228 4th Avenue Ranting Raven store owner, expressed disappointment in the postponement of the parking issue. Stated she was glad to see that the resolution was amended to include 5th Avenue. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. 7 t t City of Seward, Alaska April 20, 1998 ADJOURNMENT The meeting was adjourned at 10:25 p.m. i Pak Reilly City Clerk L Llilllllll s ( City ,s• O 9 O � d � M •a • � p City Council Minutes Volume 34, Page 37 L well R. Satin Mayor City of Seward, Alaska City Council Minutes April 27, 1998 Volume 34, Page 38 CALL TO ORDER. The April 27, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Bob Satin. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited. ROLL CALL There were present: Bob Satin, presiding, and Jerry F. King (departed 9:20 p.m.) Stirrat (Stu) Clark Edgar Blatchford Marie Gage Patrick J. Callahan comprising a quorum of the Council; and Rick Gifford, Acting City Manager (arrived 8:20 p.m.) Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT was: Nathan Orr (excused) SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Satin recognized staff and students of the William H. Seward Elementary School for achieving the Green Star Award as a result of several years work in raising awareness and reducing environmental impacts of waste and pollution in their school procedures and activities. Mayor Satin introduced a new procedure whereby Council members could introduce their special guests. King introduced his mother, and recognized her for 25 years of service as a finance director in her community. Borough Assembly Report. None. City Manager's Report. Status of Kennicott ferry service to Seward. Assistant City Manager Tylan Schrock reported that this service has been delayed until July 21, when the ferry would depart from Bellingham, arriving in Seward, July 26, and that the number of bookings were high both directions. City of Seward, Alaska City Council Minutes April 27, 1998 Volume 34, Page 39 ' He stated that there was opposition to this service by some legislators in southeastern Alaska, but that the service had the potential of appealing to the independent traveler. Mr. Schrock also reported he would be in Juneau the remainder of the week. City Attorney's Report. None. Other Reports, Announcements and Presentations. None. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA Agenda items not scheduled for public hearing. BRUCE SIEMINSKI, 215 Benson Avenue, recommended that the period of the downtown parking limits in Resolution No. 98 -037 be reduced from 120 to 90 days. Parking limits should just cover the June, July and August time period JUDY FORREST, 2604 Dimond Blvd., spoke to Resolution No. 98 -037 and asked the Council to consider who would benefit from the two -hour parking limit and to find other places for public parking. Items other than those appearing on the agenda t JIM MCCRACKEN, 204 Resurrection Blvd., recommended that an alternative route to downtown be created by linking Dairy Hill to Phoenix Drive, to alleviate the Third Avenue /Seward Highway bottleneck. JENNIFER HEADKE, Mile 24.5 Seward Highway, spoke in favor of Resolution No. 98- 037 as she believed that two -hour parking limits would benefit all downtown users, including customers and merchants, and that it would absorb the impact of the Alaska SeaLife Center. MARGARET ANDERSON submitted a written statement via the clerk who distributed it to Council members. RANDY MCFARLAND, Mile 6.5 Seward Highway, asked the mayor to reconsider his ruling that excused Mr. Blatchford from voting on Resolution No. 98 -037 due to a conflict of interest. He stated that a precedent had been set in the case of Hugh Darling at a prior Council meeting, and that in the broader scope of the parking issue the individual business owner's interest was inconsequential. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (King/Clark) Approve the Agenda and Consent Agenda. City of Seward, Alaska City Council Minutes April 27, 1998 Volume 34, Page 40 Satin moved item 8(A)(1) Harborside Park Plan - Kumin Concept Design and changed it to 10(A). King stated he might leave after the recess as he was feeling ill. Satin noted that Resolution No. 98 -053, a resolution authorizing the City to enter into a two year agreement with a collection agency, had been deleted from the Agenda. Gage restored to the Agenda item 9(A)(8), Resolution No. 98 -050, accepting a $30,000 grant from the Kenai Peninsula Borough for the update of the Seward Comprehensive Plan and appropriating $30,000 from account 101- 000 - 4360 -0020 to Seward Comprehensive Fund XXX- 0000 - 3070 -0000. Callahan removed item 9(A)(6), Resolution No. 98- 048, endorsing the national "Teaming with Wildlife" initiative and urging Alaska's Congressional Delegation to give its full support for this initiative. VOTE ON THE AMENDED AGENDA AND CONSENT AGENDA Motion passed. Unanimous. The clerk read the following approved consent agenda items: Resolution No. 98 -044, reclassifying the Deputy City Clerk position from a Range 18 to a Range 14, and changing the title to Assistant City Clerk. Resolution No. 98 -045, appropriating $12,000 from the Harbor Enterprise Fund Retained Earnings account, and $12,000 from the General Fund fund balance to legal subject matter 4108, Gateway Texaco Lease, in the Harbor Enterprise Fund for legal fees. Resolution No. 98 -046, authorizing the City Manager to enter into Participation Agreement No. 5 with the State of Alaska Public Employee's Retirement System to exclude the position of City Manager from participation in PERS effective May 1, 1998. Resolution No. 98 -047, amending the employment agreement with Scott Janke to allow Mr. Janke to be covered by the Social Security System instead of the City of Seward's retirement plan. Approving the April 13, 1998, meeting minutes. PUBLIC HEARINGS Resolution No. 98 -040, approving a Use Agreement between Cook Inlet Aquaculture Association (CIAA) and the City of Seward for use of Spring Creek to release and harvest salmon. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. GARY VAN FANDREI, HC2 Box 8249, Soldotna, as executive director of Cook Inlet Acquaculture Association (CIAA), spoke in favor of Resolution No. 98 -040, pointing out the City of Seward, Alaska City Council Minutes April 27, 1998 Volume 34, Page 41 t agreement benefited the community as well as CIAA. In response to Satin, he answered that a chum run would be impacted. JIM MCCRACKEN, 204 Resurrection Blvd., spoke in favor of Resolution No. 98 -040 as a member of the Local Fish & Game Advisory Committee and of the Fish Restoration Fund Committee. He complimented the City administration for negotiating an agreement that benefited local residents as well as visitors and pointed out that the matter addressed by the resolution before the Council was a land use agreement. No one else appeared in order to be heard and the public hearing was closed. l _1 MOTION (Clark/King) Approve Resolution No. 98 -040. In response to Blatchford, Community Development Director Kerry Martin clarified that no area was leased, that the agreement allowed for the use of the area, and that the actual site of operation would change in the area from year to year. Schrock agreed to work with CIAA on establishing time limits each year for removal of equipment. King complimented CIAA, an organization primarily dedicated to commercial fishing interests, for its cooperation with the sports fishery in Resurrection Bay. Resolution No. 98 -041, authorizing the City of Seward to accept a patent to f 160 acres of tide and submerged lands on the east shore of Resurrection Bay between ATS 174 and ATS 1380, including unapproved ATS 920 and between ATS 1380 and ATS 1222 (ADL 227191) from the Alaska Department of Natural Resources. Motion passed. Unanimous. Notice ofpublic hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. t MOTION (C1arkBlatchford) Approve Resolution No. 98 -041. Martin gave an overview of both Resolution No. 98 -041 and Resolution No. 98 -042, explaining that in both situations the State would issue the patent to the City which in turn would lease the parcel to the Afognak Logging as previously agreed. He explained that the parcel under consideration would need to be surveyed before it could be conveyed to the City and that the costs would be brought before the Council. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes April 27, 1998 Volume 34, Page 42 Resolution No. 98 -042, authorizing the City of Seward to accept a patent to f 14 acres of tide and submerged lands identified as Alaska Tideland Survey 1380 (ADL 227232) from the Alaska Department of Natural Resources. Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard and the public hearing was closed. MOTION (Clark/King) Motion passed. Approve Resolution No. 98 -042. Unanimous. UNFINISHED BUSINESS Items not Completed from Previous Agenda. Resolution No. 98 -037, establishing a two hour parking time limit on Fourth Avenue between Railway and Jefferson, on Fifth Avenue between Railway and Adams, and between Third Avenue and Fifth Avenue on Washington Street and Adams Street from 8:00 a.m. - 5:00 p.m. from May 1 to September 1 and allowing for a resident permit. Reilly reminded the Council that there was a motion with amendments on the floor. The consensus of Council was that Blatchford did not have a significant direct conflict of interest, but that the Mayor had already ruled that he did. Mayor Satin reversed his ruling. Further discussion resolved that the proceedings on this resolution were still in progress and that the mayor could not reverse his ruling. King stated he supports two -hour limits as the traffic to the Heritage Center, Alaska SeaLife Center, and day tour operations could tie up downtown parking spaces. Callahan stated that he would delay his support until more residents have had the time and opportunity to consider it. Clark stated that the residents would benefit from the limits more than visitors. Gage suggested that the Alaska SeaLife Center provide free parking and raise the ticket price so its visitors would not use the street parking spaces. She stated support for providing more parking spaces. In response to Gage, Acting Fire Chief Dave Squires stated that the lot next to the fire hall would provide 25 spaces and would not require insurance. Gifford clarified that the proposed agreement between the Downtown Business Association and the Volunteer Firemen's Association was not finalized. Martin added that making side streets one -way would double the number of spaces on those streets, contributing approximately 40 new spaces. King qualified his support in favor of giving the public more time to review the plan. Callahan suggested that the limits be tried and then put to a public advisory vote in the fall. Schrock recommended an amendment to define a resident or tenant. MOTION (King/Clark) Amend Resolution No. 98 -037, Section 4, to add: "resident or" just before "tenant..." City of Seward, Alaska City Council Minutes April 27, 1998 Volume 34, Page 43 t I j t in sentence 2, and add: "A resident or tenant is defined as one occupying a room or apartment for not less than 30 days." as the final sentence. Gage opposed this amendment, stating several bed and breakfast businesses downtown would have difficulties providing parking for their customers. Schrock confirmed that the intent of the amendment was to motivate business owners to provide off - street parking and that recently new hotel owners were required to provide off street parking. Council discussion clarified guests would still be able to park on the street for a good part of the day. Motion passed. YES: Callahan, Clark, King, Satin NO: Gage ABSTAINED: Blatchford MOTION (King/Clark) Postpone Resolution No. 98 -037 to the next regular meeting. Reilly clarified that postponement was procedurally correct and answered questions about procedures for requesting reconsideration. Motion failed. YES: Clark, King NO: Callahan, Gage, Satin ABSTAINED: Blatchford VOTED ON MAIN MOTION AS AMENDED Motion failed. YES: Clark NO: Callahan, Gage, King, Satin ABSTAINED: Blatchford Mayor Satin requested reconsideration at the next regular meeting. Reilly affirmed that this was a valid strategy. NEW BUSINESS Resolution No. 98 -043, authorizing the Administration to proceed with negotiations to lease a 500 square foot portion of Lot 13, Block 16, OTS, to PCI for a satellite dish, allow PCI to use space and power in the equipment shelter located on Lot 9, Block 16, OTS, and place two antennas on the city owned tower on Lot 9, Block 16, OTS, subject to the Planning & Zoning Commission's recommended conditions. MOTION (Clark/Callahan) Approve Resolution No. 98 -043. City of Seward, Alaska City Council Minutes April 27, 1998 Volume 34, Page 44 Counsel voiced no objection to having Dave Becker speak as requested by the Clerk who had delayed getting information to him in time for him to speak earlier. DAVE BECKER, President of Peninsula Communications, Inc. (PCI) stated that the company was willing to accommodate any future uses of the property as satellite dishes could be positioned on the roof. In response to Council concerns, he assured PCI would address any interference to other communications systems caused by its operations, that other sites across the Bay would not be able to access the signal from its satellite Galaxy 4, that the requested site was already used for communications equipment, and that it met zoning regulations. Motion passed. Unanimous. Resolution No. 98 -048, endorsing the national "Teaming with Wildlife" initiative and urging Alaska's Congressional Delegation to give its full support for this initiative. MOTION (Clark/Satin) Approve Resolution No. 98 -048. Callahan expressed concern about the role of council when making endorsements. Clark and Satin spoke in favor of the resolution which supported the outdoor recreational lifestyle and wildlife enhancement. King stated his preference to have the tax increases included in the resolution in order to support it. Schrock stated that the administration would, from time to time, bring issues from areas outside of Seward, particularly those that have some bearing on the community before the Council for its consideration. Council discussion resolved that this was appropriate. Motion passed. YES: Blatchford, Clark, Gage, Satin NO: Callahan, King RECESS: The meeting recessed for five minutes at 8:55 p.m. Resolution No. 98 -049, approving amendment #9 to the Kent Dawson Company, amending contract dates from a fiscal year to a calendar year and decreasing lobbying fees. MOTION (Clark/King) Approve Resolution No. 98 -049. Schrock discussed changes in the contract, noting that it would change to a calendar year, in keeping with Mr. Dawson's work schedule with the legislature, and to a contract amount reduced from $70,000 to $60,000. He also reported on the many contributions made by Mr. Dawson over the past 18 years. Clark spoke to the necessity of having an effective lobbyist in times of shrinking budgets. Council also reviewed the list of other clients served by Mr. Dawson. Schrock noted that Mr. Dawson has reported potential conflicts of interest when they have arisen. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes April 27, 1998 Volume 34, Page 45 Resolution No. 98 -050, accepting a $30,000 grant from the Kenai Peninsula Borough for the update of the Seward Comprehensive Plan and appropriating $30,000 from account 101 -000- 4360 -0020 to Seward Comprehensive Fund XXX- 0000 - 3070 -0000. MOTION (Clark/Callahan) Approve Resolution No. 98 -050. Martin explained that funds were requested from the Borough and would be put into a special revenue fund that would not lapse at the end of the fiscal year and that no match was required to use it. Motion passed. Unanimous. Resolution No. 98 -051, authorizing the City Manager to enter into contract with Uresco Construction Materials Inc., without utilizing full bid procedures, for materials needed for the Small Boat Harbor boardwalk construction. MOTION (Clark/Blatchford) Approve Resolution No. 98 -051. Harbor Master Jim Beckham described both Resolution No. 98 -051 and Resolution No. 98- 052 as time sensitive projects. He stated that he requested quotations from four suppliers for the boardwalk, and two local contractors for the electrical upgrade. In response to Satin's preference to use local suppliers, Beckham pointed out Uresco was able to deliver the materials earlier. Gage stated that she would not support the resolution as formal bid procedures were not followed. Clark agreed that Council was often bypassing the bid process, but stated that Council did not object to the Administration going forward with getting quotes at the last meeting. Callahan stated that perhaps Administration needed to experience a hardship to begin following bid procedures. In response to Blatchford, Beckham stated that formal bid procedures would delay the project until August. Both Beckham and Gifford stressed that the public and the boardwalk leasees rather than the Administra- tion would feel the hardship. Gifford explained that the whole project was impacted by the retirements of the previous city manager and harbor master and that the solicitation of quotes differed from the bid process only in that the former lacked advertisement. Beckham noted the leasees would reimburse the city for their portion of costs of the boardwalk. MOTION (Gage /Callahan) Amend Resolution No.98 -051 to add a new Section 3: "Contract is subject to a letter of agreement from leasees to pay their share of costs." and renumber the former Section 3: Section 4. Motion failed. YES: Callahan, Gage I NO: Blatchford, Clark, Satin City of Seward, Alaska City Council Minutes April 27, 1998 Volume 34, Page 46 VOTE ON THE MAIN MOTION Motion passed. YES: Blatchford, Callahan, Clark, Satin NO: Gage Resolution No. 98 -052, authorizing the City Manager to enter a contract, without full bid procedures, with Service Electric, Inc., for the Small Boat Harbor electrical upgrade. MOTION (Clark/Satin) Approve Resolution No. 98 -052. Beckham gave an overview of the electrical upgrade to replace services to the floats using State grant funds for this specific purpose. Motion failed. YES: Blatchford, Clark, Satin NO: Callahan, Gage INFORMATIONAL ITEMS AND REPORTS Harborside Park Plan - Kumin Concept Design. MOTION (Callahan /Clark) Postpone item to the next meeting. Several Council members noted that it would be better to review this item when more members were present. Motion passed. Unanimous CaZ�11J►Cy 1- 1[Ks]�luloleo ll;V CLARK congratulated the Alaska SeaLife Center for a very fine opening last weekend. He commended Council for renewing the Dawson contract and stated that Mr. Dawson had served the City well. He expressed interest in knowing whether the vacationing public would be interested in taking the Kennicott ferry trip as he felt such trips were meaningful, based on his own experience, and was hopeful the City would have this service. GAGE announced that May 2 -9, 1998, is National Correctional Officer Week and invited people to visit Spring Creek Correctional Center where she worked as a correctional officer. She commended the Seward High School for a very fine production of "Annie Get Your Gun." BLATCHFORD complimented the Alaska SeaLife Center on its opening for the local people, stating that the future of Seward looked bright, but that a lot of work remained to be done. He also thanked both Mr. Gifford and Mr. Schrock for the fine job they have conducted in administering the City over nine months as Council worked to replace the city manager. City of Seward, Alaska City Council Minutes April 27, 1998 Volume 34, Page 47 t 1 CALLAHAN commented that the renovations at the depot, where he now worked, were looking good. SATIN thanked citizens for picking up trash last weekend during Super Saturday Clean Up and noted the continuing trash problem at the Fourth of July Creek area, urging closer scrutiny by the City. He stated he looked forward to the Grand Opening of the Alaska SeaLife Center this coming weekend. He commented the parking issue should be dealt with now before more problems develop. CITIZENS' COMMENTS None. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS. CLARK responded to the parking issue and commented that the City, as the owner of the property leased by the Alaska SeaLife Center, could open up its lease agreement with the Seward Association for the Advancement of Marine Science to address parking issues. ADJOURNMENT The meeting adjourned at 10:10 p.m. r� Patrick Reilly City Clerk Lowell R. Satin Mayor (City Seal) g iJA n t J I I City of Seward, Alaska City Council Minutes May 11, 1998 Volume34, Page 48 CALL TO ORDER The May 11, 1998, special meeting of the Seward City Council was called to order at 6:30 p.m. by Mayor Lowell R. Satin. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Stu Clark Marie Gage Jerry King Nathan Orr comprising a quorum of the Council; and Eric Wohlforth, City Attorney Patrick Reilly, City Clerk ABSENT None CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING APPROVAL OF SPECIAL MEETING AGENDA MOTION (Clark/King) Motion Passed. Approve the Special Meeting Agenda. Unanimous. NEW BUSINESS MOTION (Clark/King) Move to go into executive session following adjournment for the purpose of evaluating the City Attorney. Motion Passed. COUNCIL COMMENTS: None CITIZENS' COMMENTS: None Unanimous. COUNCIL AND ADMINISTRATIVE RESPONSE TO CITIZENS' COMMENTS: None t City of Seward, Alaska May 11, 1998 ADJOURNMENT The meeting was adjourned into executive session at 6:34 p.m. t t Patrick Reilly City Clerk .,�• of w o�� ON Council Minutes Yolume34, Page 49 a Awxm Lowell R. Satin Mayor City of Seward, Alaska Mav 11. 1998 CALL TO ORDER City Council Minutes Volume 34. Pace SO The May 11, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. PLEDGE OF ALLEGIANCE Ron Johnson led the pledge of allegiance to the flag. ROLL CALL There were present: Bob Satin, presiding, and Jerry F. King Edgar Blatchford Patrick J. Callahan Stirrat (Stu) Clark Marie Gage Nathan Orr comprising a quorum of the Council; and W. Scott Janke, City Manager Tylan Schrock, Assistant City Manager Eric Wohlforth, City Attorney Patrick Reilly, City Clerk ABSENT None SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Recognizing city employee, Tex Ainsworth, for his 25 years of public service with the City of Seward. Mayor Satin thanked Ainsworth for his excellent, kind- hearted service to the Public Works Department and presented him with a hand -carved grader. Gage presented him with a jacket designed with a Public Works Department insignia from friends and neighbors. Recognizing Debbie Bond as a State of Alaska Volunteer of the Year. Mayor Satin recognized the many outstanding contributions made by Bond to the well being of children in the community through her work in such organizations as the Cub Scouts, the Seward Youth Center, the Seward Parent Teacher Student Association, the American Legion Children's Christmas Program, and several others. He characterized her recent donation of one of her kidneys to a 26 -year old man as an unselfish act and announced she has been honored as one of a group of recipients of the First Lady City of Seward, Alaska City Council Minutes Mav 11, 1998 Volume 34. Page 51 Volunteer of the Year Award. Gage presented her with a plaque that states the winner's creed: I can. Proclaiming May 18-24,1998, as Nobody Gets Hurt Week: A time to make you, your home, and your family safer. Mayor Satin cited some of the dangers of the workplace in Alaska and read the proclamation which promotes the safety program based on one used successfully by Alyeska Pipeline Company in partnership with the TAPS Alliance Safety and Health Steering Committee. He announced that local merchants, Western Auto and Spenard Building Supply, would offer a 20% discount on alarms and extinguishers during the week. Eagle Quality also would offer a 20% discount on bike head protective gear as bicycles became available. Recognizing May 10 -17, 1998, as National Nursing Home Week. Mayor Satin read the proclamation and encouraged citizens to visit residents of the Wesley Rehabilitation & Care Center. Recognizing May 10 -16, 1998, as National Historic Preservation Week. Mayor Satin read the proclamation and invited representatives of the local Seward Historic Preservation Commission to come forward. BILL HEARN, 416 Fourth Avenue, Apt. 4, as Acting Chairman of the Seward Historic Preservation Commission explained that he was replacing Donna Kowalski, the elected chair, who was recently deceased. He recited recent accomplishments which included updating the Seward Downtown Historic Walking Tour, passing a resolution to name Mt. Tiehacker, receiving a $6,798 federal matching grant from the Alaska Department ofNatural Resources (DNC), issuing four awards recognizing local people for contributions to historic preservation, and adding the Seward Commercial Company Building to the local registry. He recognized the support from the Community Development Department that has enabled the Commission to accomplish these projects. JEANNE GALVANO, 423 Second Avenue, as a Seward Historic Preservation Commis- sioner, presented future goals under the DNC grant, noting there was already a local historic preservation plan, a local register of historic places, and an inventory of local historic sites which were potentially properties suitable for the register. She reported that the Commission would encourage adding seven to ten properties from the inventory to the register, pairing up commissioners with property owners to assist them through the application process. She added that the other goals included identifying with plaques high water marks of the 1964 tsunami, developing a manual to guide people to do historic research, and facilitating two workshops on the application of properties for the Seward Register of Historic Places. In response to Gage, she stated that the public could contact the Community Development Department with inquiries on Commission projects. Borough Assembly Report. Pat O'Brien encouraged candidates from the Seward area to come forward to fill a vacancy on the School Board that would occur June 30, 1998, and reported that the Assembly would be willing to appoint the replacement from this area to ensure it would be ' represented. He also reported that the Assembly approved the final piece of funding for renovating the high school swimming pool, stating that it would occur in two stages The first this summer and the second one in December to minimize the impact on the swimming team. He also reported that the Assembly hearing on the Advisory Planning Commission proposed for the areas outside the City City of Seward, Alaska City Council Minutes May 11, 1998 Volume 34, Page 52 held in Seward last week had a good turn out, but that there was some confusion about the function of such a Commission. He encouraged residents to call him or the Borough Planning Department or the Borough Mayor's Office with their questions, noting the Assembly would not vote on the ordinance until July. He added that the Resurrection River Flood Mitigation Project was another priority of his. City Manager's Report. City Manager, Scott Janke, recommended the Council pass a maintenance budget for the City in order to comply with regulatory deadlines and that the Council then rebuild the budget through the amendment process in the fall to early winter following the strategic planning session. He proposed to develop a budget format that would make it easier for the public to understand. He recommended the strategic planning session(s) take place either late June or early September. Harbor Master, Jim Beckham updated the Council on the harbor improvements, stating materials for the boardwalk would arrive mid -June when the pilings would be completed, the water and sewer upgrades were just about complete, the electrical upgrade, with Council approval of funding would proceed, the repaving would occur late May or early June, and the plaza would be upgraded to a useable form at the same time. Update on planned purchase of the Alaska RR Depot by Chugach Alaska Corporation. Assistant City Manager, Tylan Schrock, stated that the contract amendment to allow Chugach Alaska Corporation to exercise an earlier option to purchase the depot would be on the next agenda as well as the purchase option itself. He also reported that the boundary discrepancy in Hoben Park had been cleared up in favor of the City retaining the historic boundary of the Park, decreasing the square footage of the lease to Chugach. City Attorney's Report. City Attorney, Eric Wolforth, summarized work had proceeded on planning and zoning matters, water tariff issues, personnel issues, the historic depot sale, the purchase of abandoned vessel issue, the skateboard ordinance, and harbor use. He reported that the date of the trial on the Gateway Texaco lease was set for late August, and the state was processing the City's application for title to the tidelands which would be transferred as part of the Seward Forest Products real estate closing. Other Reports, Announcements and Presentations. Resurrection River Flood Mitigation Task Force Report. JOHN ALCANTRA, Borough Emergency Management Coordinator, presented a written report from the Task Force with its recommendations and also a written report on the hydrology of Seward from the Alaska Department of Transportation. He stated that the Task Force report would enable the state to solicit funding from the Federal Emergency Management Agency (FEMA). He added that FEMA has changed its emphasis from responding to disasters to mitigating them. In response to Janke, Council directed the City to continue to advocate that the date of construction of expanded bridges planned under STIP be moved forward to 1999 as part of the mitigation effort to increase hydro logic capacity. Schrock added that the report with a cover letter would also be sent City of Seward, Alaska City Council Minutes May 11, 1998 Volume 34, Page 53 t t t to state and federal delegations. In response to Orr, both Schrock and Alcantra stated the Alaska Railroad has participated in the Task Force proceedings and needed to find funding to construct an expanded bridge to synchronize with construction of the highway bridges. Alcantra concluded that the first emphasis of the Task Force was on Resurrection River and Japanese Creek, but that mitigation projects on other streams in the area would be considered in the future. Mayor Satin introduced new city employee and former Seward resident, Sergeant Roger Bleth, who was sitting as Sergeant -at -Arms this evening. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA MARIANNA KEIL, 1701 Chiswell, asked council to support the use of the Municipal Capital Matching Grants to restore Boulder Field as another playing field. She cited that 300 children and youth play baseball and softball, causing a severe shortage of practice time for all teams. As a coach of a girl's softball team, she related the recent personal experience of three teams showing up to practice at the same time at one of the fields. She stated that even with Citizen's Field coming on line, there was ample need for a fourth field. She quoted an estimate of $47,000 given to her by Mark Stauble of the Parks and Recreation Department to turf Boulder Field. She stated this restoration would contribute to the recreational safety of the community, would add green space, and would not preclude the Field from use to accommodate parking needs from time to time. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/Orr) Approve the Agenda and Consent Agenda. Janke removed item 8(B) Harborside Park Plan - Kumin Concept Design as it was a non- action item and asked for an executive session following adjournment to consider collective bargaining negotiations. Satin restored to the Agenda item 9(A)(1) Resolution No. 98 -053, appropriating $15,000 from the General Fund fund balance, to legal subject, General Government, in the General Fund. MOTION (Clark/King) Motion passed. Hold executive session following adjourn- ment to consider collective bargaining negotiations. Unanimous. VOTE ON AMENDED AGENDA AND CONSENT AGENDA Motion passed. Unanimous. The following items were approved on the consent agenda: City of Seward, Alaska City Council Minutes May 11, 1998 Volume 34, Page 54 Resolution No. 98 -054, authorizing signatures for all city bank accounts and rescinding all previous resolutions in conflict herewith Approval of the April 20, and April 27, 1998, meeting minutes. Rescheduling the May 25, 1998, Regular City Council meeting to May 26, 1998. FY 1999 Preliminary Budget Calendar. PUBLIC HEARINGS None. UNFINISHED BUSINESS Items for Reconsideration. Resolution No. 98 -037, establishing a two hour parking time limit on Fourth Avenue between Railway and Jefferson, on Fifth Avenue between Railway and Adams, and between Third Avenue and Fifth Avenue on Washington Street and Adams Street from 8:00 a.m. - 5:00 p.m. from May 1 to September 1 and allowing for a resident permit. [This resolution was reconsidered at the request of Mayor Satin.] MOTION (Satin /Clark) Reconsider Resolution No. 98 -037. Wohlforth confirmed that Blatchford continued to be under the ruling as having a conflict of interest as a business owner in the affected area. Motion passed. YES: Callahan, Clark, King, Satin, Orr NO: Gage ABSTAINED: Blatchford Janke said that he wanted to delay action on the resolution until May 26, when he would have the time to prepare a fiscal note. In response to Council questions, he stated that with a decision on May 26, the parking system would be ready to implement July 1. He further clarified that he agreed with the policy of the time limits but wanted to explore alternate funding sources and the possibility to reduce the costs. Callahan recommended a delay until the city manager could give his recommenda- tions. King urged that action be taken sooner as the parking congestion would increase significantly by June 1, as it did last Saturday when the Chugach Heritage Center opened. Orr concurred and added the resolution would serve the residents more than the tourists. Janke suggested the Council could vote on the resolution, thereby establishing the current fiscal amount as the upper limit, and he could subsequently conduct the fiscal analysis and look at options for alternative off street parking. Callahan stated that time limits without suitable off street parking downtown could cause the estimated 125 employees to park in alleys and create a new safety hazard. Gage stated that her City of Seward, Alaska City Council Minutes May 11, 1998 Volume 34, Page 55 i1 1 analysis showed most people now stayed less than two hours in parking slots downtown and suggested Council ask the Alaska Sea Life Center to provide free parking if people are unwilling to pay for it. Wohlforth pointed out that the present resolution as stated had an effective date of May 1, which was past. MOTION (Clark/Orr) Amend Resolution No. 98 -037, Section 6, to read: "This resolution shall take effect 15 days after the date of passage." Motion passed. YES: Clark, King, Orr, Satin NO: Callahan, Gage ABSTAINED: Blatchford Council discussion clarified that the resolution was previously amended to define a resident as one who lived in an apartment or room greater than 30 days. Callahan stressed the importance of good enforcement. In response to Gage, Janke stated that the City would look into providing insurance and other incentives for employees using off - street parking. VOTE ON THE AMENDED MOTION Motion passed. YES: Clark, King, Orr, Satin NO: Callahan, Gage ABSTAINED: Blatchford RECESS: The meeting recessed at 9 p.m. for ten minutes. Blatchford returned to the meeting at 9:15 p.m. Resolution No. 98 -052, authorizing the City Manager to enter a contract, without full bid procedures, with Service Electric, Inc., for the Small Boat Harbor electrical upgrade. [This resolution was reconsidered at the request of Council Member Callahan.] MOTION (Satin /Clark) Reconsider Resolution No. 98 -052. Callahan explained that he asked for reconsideration of this resolution as the Harbor Master inherited many of the projects and they need to be completed. Janke agreed but emphasized that he did not believe in avoiding the bid process except for life, safety, and welfare and that some of these elements existed in this situation. King agreed that the harbor qualified as an emergency situation but he also would prefer the bid process. Motion carried. I MOTION (Clark/Satin) YES: Callahan, Clark, Gage, King, Orr, Satin ABSENT: Blatchford Approve Resolution No. 98 -052. City of Seward, Alaska City Council Minutes May 11. 1998 Volume 34. Page 56 Motion carried. YES: Callahan, Clark, Gage, King, Orr, Satin ABSENT: Blatchford NEW BUSINESS Resolution No. 98 -053, appropriating $15,000 from the General Fund fund balance, to legal subject, General Government, in the General Fund. MOTION(Clark/King) Approve Resolution No. 98 -053. Finance Director, Rick Gifford, gave an overview of extra legal expenses accrued during the year due to increased activity. He noted that Chugach Alaska Corporation would reimburse the City for expenses of proposed amendment to their Railroad Depot lease agreement which would allow an early option to purchase. Motion passed. Unanimous. INFORMATIONAL ITEMS AND REPORTS FY 1999 Preliminary Budget Calendar. Janke reviewed changes in the calendar and budget process that he would follow. COUNCIL COMMENTS SATIN stated that he enjoyed the inaugural of the Chugach Heritage Center on its opening on May 3, and praised the professional dramatization of the Chugach peoples and encouraged people to visit the Center. He reminded the Council and the public that the first cruise ships would arrive on May 15. A discussion ensued about the recognition of the first arrival of the season and the first arrival of a particular ship through ceremonial welcoming and issuing of plaques and resolved that the appropriate gestures would be coordinated through the City Manager's Office. KING congratulated the Chugach Heritage Center on its opening and its first class production with fine choreography and costumes. He praised the quality of the restoration of the depot, which had taken many of hours of work beginning with the citizens committee, to Director Kathy Cline. He stated that the Center would meet a need in the community to show Native handicrafts and would be a fine visitor attraction. He also congratulated Debbie Bond and Tex Ainsworth on recognition of their achievements. He welcomed Mr. Janke. BLATCHFORD welcomed Mr. Janke to the community. GAGE reminded the public she worked at a maximum security prison and so was not always able to answer the phone directly; she encourage people to leave messages and that she would answer them. She announced that a public forum on the heliport at the Providence Seward Medical Center City of Seward, Alaska City Council Minutes May 11, 1998 Volume 34 Page 57 t would be held May 13, at the community library and that the Seward High School graduation was slated for May 21. She recognized Chris Blatchford, who was recently chosen as the Volunteer Fire Department Fire Fighter of the Year, and acknowledged Bruce Sieminski of Western Auto which was recognized for its support of the fire department. CLARK congratulated Chugach Alaska Corporation for its work on restoring the depot and the quality of items in the gift shop. He welcomed Mr. Janke to Seward and also congratulated Debbie Bond and Tex Ainsworth. He encouraged support for the Seward Historic Preservation Commission and thanked Marianna Keil for bringing preservation of Boulder Field to Council's attention, noting he would support this project fully. CALLAHAN commented that the Historic Preservation Commission project to identify high water marks would be interesting and pointed out that the debris seen at low tide was also historic remnants worthy of a plaque. ORR welcomed Mr. Janke. CITIZENS' COMMENTS. None. 1 t COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS SATIN quoted a Chugach shareholder who suggested a clock that was stopped at 5:25 p.m. and a commemorative plaque with a March 27, 1964, date be placed on the depot to document when it was last used as a depot. ADJOURNMENT The meeting adjourned at 9:35 p.m. Patrick Reilly City Clerk C) , � 4 . R I Lowell R. Satin Mayor SEW (City Sea► 'O.. -' S r S �••.' '�+�._ OF City of Seward, Alaska City Council Minutes May 26, 1998 Volume 34, Page 58 CALL TO ORDER. The May 26, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Bob Satin. PLEDGE OF ALLEGIANCE Winnie Leirer led the pledge of allegiance to the flag. ROLL CALL There were present: Bob Satin, presiding, and Jerry F. King Edgar Blatchford Patrick J. Callahan Stirrat (Stu) Clark Marie Gage Nathan Orr comprising a quorum of the Council; and W. Scott Janke, City Manager Tylan Schrock, Assistant City Manager Eric Wohlforth, City Attorney Pat Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Bob Satin read a proclamation listing the many contributions both Winifred and her recently deceased husband Herman Leirer made to the community, including volunteer work at the local museum and at the Seward Chamber of Commerce Information Center; donations of artifacts, documents and land; and sharing Seward's oral history. The Mayor presented Mrs. Leirer with a 1998 Seward Historic Preservation Award in honor of both her and her husband. The Mayor also noted that Mrs. Leirer spoke with Governor Knowles by phone as he signed legislation renaming Exit Glacier Road to Herman Leirer Exit Glacier Road. Borough Assembly Report. None City Manager's Report. City Manager Scott Janke noted that he had attended a briefing on legal matters with the city attorney and that he would be bringing paving projects before the Council at the meeting on June 8, 1998. He reported on the considerable staff time spent dispelling rumors that library materials would be censored and that the library budget would be cut and asked City of Seward, Alaska City Council Minutes May 26, 1998 Volume 34, Page 59 the pubic to contact the appropriate sources of information for facts before reacting to rumor. Mayor Satin read a statement declaring that no private citizen nor public official had the right of censorship over the purchase or donation of materials to the library and affirming the right of the City of Seward Community Library to provide a variety of materials to meet the diverse needs of the public in accordance with the Library Bill of Rights 1980. Janke answered Blatchford that the effect of requiring bids for paving would delay for one year the projects planned for the harbor frontage, the lot north of Gateway Texaco, the east approach to the boat launch ramp, the library parking lot, and miscellaneous patching jobs. Further discussion with City Engineer Dave Calvert resolved that for this series of small projects, it was more cost effective to coordinate with the private sector bringing the single contractor to town this year. In response to Orr, Calvert indicated that the hospital demolition project was on schedule, but that the costs of removing asbestos would be $10,600 higher due to the contractor locating additional amounts of asbestos. In response to Gage, Janke reported that he did not know how the surplus hospital furniture was disposed to non -profit organizations. Controller Kris Erchinger added that the small amount of furniture released by the hospital to the City and not claimed by City departments would be added to the annual surplus sale held by the City. City Attorney's Report. None. Janke noted the city attorney, or his representative, would be present at the regular meeting on June 8, 1998, to report on the merits of the proposed land sale of the depot to Chugach Alaska and on the potential settlement in the Gateway Texaco suit. Other Reports, Announcements and Presentations. Historic Preservation Applicants - Tim Sczawinski and Dan Seavey. The clerk noted that the applications from both Mr. Sczawinski and Mr. Seavey were in the Council members' packets. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA Agenda items not scheduled for public hearing. None. Items other than those appearing on the agenda. None. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (King, Clark) Approve Agenda and Consent Agenda. Callahan restored to the Agenda item 9(B)(5) Resolution No. 98 -059, authorizing the City Manager to enter into a two -year contract with Alaska Financial Services, Inc. to provide third -party collection agency services. Janke restored to the Agenda item 10(A) City Department Head Reports, noting that Council could then asked questions on any of the reports. Clark raised a point of clarification on item 7(C)(1) City of Seward Fiscal Year 1999 Budget Proposal, including the Fiscal Year 1999 General Fund and Enterprise Funds Budgets, to determine that the public would be able to comment on any of the budget resolutions, Resolution Nos. 98 -061 through 98 -069, during the City of Seward, Alaska City Council Minutes May 26, 1998 Volume 34, Page 60 public hearing, and that Council would then take action on the budget by consideration of each resolution. VOTE ON THE AMENDED AGENDA AND CONSENT AGENDA. Motion passed. Unanimous. The clerk read the following approved consent agenda items: Resolution No. 98 -058, approving a special events permit and authorizing the discharge of fireworks by the Seward Chamber of Commerce during the 1998 Independence Day Celebration. Resolution No. 98 -060, accepting the Alaskans for Litter Prevention and Recycling (ALPAR) grant in the amount of $3,500 and appropriating $3,500. Approval of the May 11, 1998, meeting minutes. Authorization to proceed with the Resurrection River Flood Mitigation Task Force Report recommendations as presented by John Alcantra at the May 11, 1998, City Council meeting and to proceed with a cover letter to this report from Mayor Satin and Kenai Peninsula Borough Mayor Navarre. PUBLIC HEARINGS City of Seward Fiscal Year 1999 Budget Proposal, including the Fiscal Year 1999 General Fund and Enterprise Funds Budgets. Janke stated the FY 99 budget was a maintenance budget based on the FY 98 budget with no mil rate increases. Erchinger gave an overview of the budget, noting the following assumptions: the $1.3 m. debt in the harbor enterprise fund was written off leaving the fund in debt of $375,000, projects in last year's budget which were not funded due to the failure of the seasonal sales tax to be implemented were eliminated, seasonal sales tax revenues were eliminated, the 1% bed tax was added back, and $11,000 from the Alaska Sea life Center in lieu of taxes was added. She reported that the 1.1 % decrease in revenues was primarily in the intergovernmental category due to funds from the state for various medical services not reflected this year and due to an anticipated decrease in interest earnings. She explained that the 8.7 % decrease in expenditures reflected that funds from the sales tax dedicated to the hospital were no longer passed through to Seward Providence Medical Center, but to the hospital debt service fund. She noted changes made to the budget since the public was last involved: the 1.2 mil rate increase was dropped, the proposed 1% increase in cost of living was dropped, and $10,000 to strategic planning was added. She then detailed specific changes in revenues and expenditures in the General Fund. In response to Callahan, she confirmed an increase in campground visitors rather than an increase in camping fees was projected to increase Parks and Recreation Department revenues. City of Seward, Alaska City Council Minutes May 26, 1998 Volume 34 Pape 61 Notice of public hearing as posted and published as required by law was noted, and the public hearing was opened. Council discussion resolved that an exception could be made to the rules requiring citizens to be physically present to speak before Council if such citizens petitioned the Council to speak by telephone when physically incapacitated and that the Council needed to consider this policy in a future work session. The mayor ruled, with no objection from Council, that Margaret Branson, who had requested this exception as she was recovering from hip replacement surgery, could speak by telephone. MARGARET BRANSON, 500 Fourth Avenue, spoke as President of the Friends of the Library, in favor of the library budget and the need for additional space in the near future. She testified that the library under its present funding level could not be open more hours and that staff had spent their time well in organizing the limited space and bringing the library up to date with new technologies to automate circulation and install a security system. No one appeared in order to be heard and the public hearing was closed. NEW BUSINESS Resolution No. 98 -055, amending the FY 98 Budget by reducing budgeted General Fund revenues by $154,574, reversing $40,000 in budgeted transfers -in to the General Fund; and reducing budgeted General Fund expenditures by $194,575. MOTION (Clark/King) Approve Resolution No. 98 -055. Clark stated this budget amendment was a result of the failure of the 1% seasonal sales tax to pass and generate revenues. To reduce expenditures, the amendment eliminated the City portion for comprehensive planning by $50,000, eliminated the cemetery plan by $13,000, reduced marketing, primarily of the Seward Marine Industrial Complex, by $25,000, offered no support to the trolley valued at $11,000, eliminated the Year 2000 computer upgrade by $40,000, eliminated networking of City computers by $20,000 and reduced miscellaneous capital projects by $35,384. Erchinger responded to Blatchford that the capital projects had not been identified. Motion passed. Unanimous. Resolution No. 98 -056, amending the Port and Harbor Tariff, increasing the travelift and upland storage fees. MOTION (King /Clark) Approve Resolution No. 98 -056 Harbor Master Jim Beckham responded to Council questions that the fees might need to be adjusted to break even with costs in the future. He pointed out that the lifts enabled the tour boat businesses to operate here, that the nearest ports of Homer, Valdez, and Cordova used cranes rather than lifts, and that compared to Kodiak and Port Townsend which used lifts, Seward rates were City of Seward, Alaska City Council Minutes May 26, 1998 Volume 34, Page 62 lower. He also noted that the rates were blended this year to accommodate a transition of some boats that could no longer be handled by the 50 -ton to the 250 -ton lift. Janke clarified that the amended fees would not discourage businesses from using the lifts while the City would avoid subsidizing their costs from rates charged to small boat owners or from the General Fund. Beckham added the amendment included charges for overtime and for failure to cancel. Janke stated that the overall harbor tariff will be reviewed by the Port & Commerce Commission at its annual review. Orr recommended that the City consider environmental fees in the future as the land where boats were placed for light maintenance was impacted. Further discussion clarified the 50 -ton lift was paid off at $300,000 and that $595,000 was left on the 250 -ton lease purchase of $1.2 m. Motion passed. Unanimous. Resolution No. 98 -057, authorizing the City Manager to enter into a Memorandum of Agreement (MOA) with the International Brotherhood of Electrical Workers Local 1547 to extend the existing Collective Bargaining Agreement to June 30, 2000, with conditions as outlined in an attached MOA. MOTION (Clark/Gage) Approve Resolution No. 98 -057. Janke clarified that the wages would not increase for the first year, but would increase the second year. In response to Gage, he answered that IBEW members would need to be called out to do any electrical work in emergency situations. Motion passed. YES: Blatchford, Clark, Gage, Orr, Satin NO: Callahan, King Resolution No. 98 -059, authorizing the City Manager to enter into a two year contract with Alaska Financial Services, Inc. to provide third -party collection agency services. MOTION (King /Clark) Approve Resolution No. 98 -059. In response to Clark, Erchinger stated that the outstanding debt was estimated to be $42,000 in FY 95, $104,500 in FY 96, and $80,000 in FY 97, the bulk due to debt in the harbor account and the remainder in utilities. Janke pointed out that cities did not have the same tools to collect on bad debts as collection agencies which could reduce bad debt significantly. In response to concerns expressed by Satin and King that citizens would receive prior notification and a grace period, Janke assured Council that these would be accommodated. Erchinger also pointed out that up to $25,000 per year had been collected by the City on bad debts, that the statute of limitations for collection was down to three years from seven, and that this company had a good reputation of working with governments and fostering customer relations. In response to Gage, Erchinger clarified that the budget was not predicated on having the collection agency on line. In response to Callahan, Janke clarified that the collection agency would not receive the account until the City had exhausted all avenues of collection and the account was 120 days old. Motion passed. Unanimous. City of Seward, Alaska Mav 26. 1998 u I RECESS: The meeting recessed at 8:55 p.m. for five minutes. City Council Minutes Volume 34. Pare 63 Resolution No. 98 -061, adopting the City General Fund Operating Budget for the fiscal year beginning July 1, 1998. MOTION (Clark/King) MOTION (Clark/King) Approve Resolution No. 98 -061. Amend Resolution No. 98 -061 in four parts: 1. Amend in Section 3 the proposed mil rate of 3.29 to mil rate of 3.12. 2. Increase the line item of General Government Ser- vices by $10,000 to cover the cost of strate- gic planning. 3. Increase the line item of General Government Services by $26,746 to include a 1% COLA for city employees. 4. Transfer $62,146 from the Capital Ac- quisition Fund to fund the reduced mil rate of 3.12, strategic planning costs, and the 1% Cost of Living Allowance increase for city employees in the General Fund Operat- ing Budget. Clark commented that the amendment would maintain the mil rate at its present level, and that while he did not favor using the Capital Acquisition Fund, he expected that in this case the City would aggressively pursue enhancing revenues that would replenish the Fund and hence he would support the transfer. Gage questioned the usefulness of the strategic plan. After Janke explained that the Council needed to form its vision in a strategic plan to give the City direction in future expenditures of funds and that the process could include a town meeting, Gage stated that she would support the strategic plan if it included a town meeting to get public input. Motion passed. Unanimous VOTE ON THE AMENDED MOTION. Motion passed. Unanimous. Resolution No. 98 -062, adopting the DARE Special Revenue Fund Budget for the fiscal year beginning July 1, 1998. MOTION (Clark, King) Approve Resolution No. 98 -062. Discussion resolved that the money was earmarked separately from the police department budget as a carry over from the days when the program was funded by grant funds. In response to Gage, the administration clarified that the salary for one police officer was apportioned for duties conducted under the DARE program in this fund and the remainder of the salary for other duties was City of Seward, Alaska City Council Minutes May 26, 1998 Volume 34, Page 64 in the police department budget and that the separate category for DARE could be eliminated next year. Motion passed. Unanimous. Resolution No. 98 -063, adopting the Parking Revenue Enterprise Fund Budget for the fiscal year beginning July 1, 1998. MOTION (Clark/Satin) Approve Resolution No. 98 -063. Assistant City Manager Tylan Schrock stated that this enterprise fund was gaining revenues and that two projects would expend these revenues in FY 98, the two -hour downtown parking program and the paving projects addressed earlier. The administration explained that the FY 99 projected income was essentially the same as for FY98 and that although there might be additional income from downtown parking, there was no prior history on which to make a projection. In response to Council questions, Schrock clarified that in FY 98 the parking contractor made $38,000 and the City made $74,000, that the contractor did issue citations but not parking tickets, and that administrative costs included the City's responsibility to maintain parking lots. Motion passed. Unanimous. Resolution No. 98 -064, adopting the Hospital Debt Service Fund Budget for the fiscal year beginning July 1, 1998. MOTION (King/Clark) Approve Resolution No. 98 -064. Janke explained this was a required payment to the hospital debt service from the dedicated 1% sales tax which would pay on the bond principal and the hospital indebtedness to the Public Employees Retirement System (PERS). Orr questioned whether a capital fund should be started to maintain the hospital, but Janke relayed his preference to pay down the PERS indebtedness before starting such a fund. Motion passed. Unanimous. Resolution No. 98 -065, adopting the Motor Pool Internal Fund Budget for the fiscal year beginning July 1, 1998. MOTION (Blatchford /Clark) Approve Resolution No. 98 -065. Erchinger explained the fund was a capital replacement fund and that in FY 99, the City intended to purchase a total of six vehicles, two from enterprise funds and four from the equity built up in the Motor Pool Fund. Satin asked what the City was doing to reduce the number of vehicles without diminishing operating efficiency. Janke stated he needed to learn more about the status of the vehicles used in the City, which on the record showed over 70 cars and trucks, and the remainder heavy equipment ( "yellow gear "). In response to King, Erchinger explained that departments would City of Seward, Alaska City Council Minutes May 26, 1998 Volume 34, Page 65 F__J pay for vehicles in cash and then make lease payments to the Motor Pool Fund which would forward fund the purchase of the next vehicle. In response to Orr, she clarified the derrick was purchased out of the electric enterprise fund. Orr recommended getting all the vehicles into the pool, and several Council members expressed their satisfaction with the way the Pool functioned. Satin stated that he looked forward to the city manager's report on the "non- yellow gear" Motion passed. Unanimous. Resolution No. 98 -066, adopting the Water and Sewer Enterprise Fund Budget for the fiscal year beginning July 1, 1998. MOTION (Blatchford /Gage) Approve Resolution No. 98 -066. Erchinger explained the sewer and water enterprise fund was on its way to recovery and would have a $397,064 surplus, enabling the set aside of $100,000 for a capital and repair fund. The mayor requested an aggressive leak detection program which might preclude the drilling of new wells. Janke stated that he had investigated Alaska Department of Environmental Conservation grants and found it would be feasible to apply for these to do infrastructure investigation and repair. In response to Gage, he stated that grants were extremely competitive for the purpose of citizens getting off septic tanks, but there were revolving loans funds accessible to citizens. MOTION (Clark/Blatchford) Amend resolution to add a 1% Cost of Living Allowance in the amount of $2108 to the budget. Motion passed. Unanimous. In response to Orr, Erchinger explained that increased revenue in FY 98 was due to modifications made in board walk leases to pay for water and sewer improvements. VOTE ON AMENDED MOTION Motion passed. Unanimous. Resolution No. 98 -067, adopting the Electric Enterprise Fund Budget for the fiscal year beginning July 1, 1998. MOTION (Clark/Gage) Approve Resolution No. 98 -067. Erchinger explained that overall retained earnings were projected for $6.19 m. in FY 99 with $500,000 set aside for the capital replacement fund. Janke explained that the retained earnings included assets as well as cash. City of Seward, Alaska City Council Minutes May 26, 1998 Volume 34, Page 66 MOTION (Clark/Satin) Amend the resolution to include a 1% Cost of living Allowance in the amount of $1547 to the budget. In response to Gage, Erchinger explained that the increase in salary and benefits was due to the addition of one -third of the civil engineer position and that the benefits in all personnel budgets had increased due to increases in health and PERS costs. In response to Gage, Janke explained that the position would free the city engineer from more routine tasks, handle the building inspection program, and enable public information to help people build more easily in the community. Clark pointed out that the recent adoption of the Uniform Building Code required more stringent inspections, and Orr stated that the position could pay for itself by proactive problem solving in the City Engineer Department, preventing expensive short term remedies. Erchinger reported that the electric enterprise fund carried $2.81 m. in cash. Janke also stated that a request for proposals for a utility rate study was currently out with responses due June 9,1998. Further discussion focused on the function of the cash reserves in the funds to handle contingencies. Motion passed. Unanimous. VOTE ON THE AMENDED MOTION Motion passed. Unanimous. Resolution No. 98 -068, adopting the Harbor Enterprise Fund Budget for the fiscal year beginning July 1, 1998. MOTION (Clark/Orr) Approve Resolution No. 98 -068. Janke reported that the harbor enterprise fund debt was due to marine industrial aspects, including debt servicing the north dock, and not to the small boat harbor operation. He explained the first step to stop the growth of the debt was to balance the budget, transferring funds from the Marine Repair and Replacement Fund (MRRF) which left $375,000 remaining to be paid. In response to Gage, Erchinger explained that under contract with Seward Ships Dry Dock, Inc., the $52,000 lease payment was waived in exchange for the contractor providing $52,000 worth of maintenance and that the accounting of this was changed, so that it seemed a decrease in harbor revenues occurred. Janke responded to Orr that funds were available to continue maintenance and repair including a $3.1 m. state grant for deferred maintenance and enhancement. Beckham reported that Seward Ships was working on deferred maintenance, including replacing cables in the synchrolift. He explained the contractor would not be able to pass the Lloyds of London annual class inspection if not performing the maintenance required in the agreement with the City. MOTION (Clark/King) Amend the resolution to include a 1% Cost of living Allowance in the amount of $4729 to the budget. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes May 26, 1998 Volume 34, Page 67 VOTE ON THE AMENDED MOTION Motion passed. Unanimous. Resolution No. 98 -069, adopting the Capital Budget Plan for three fiscal years beginning July 1, 1998. MOTION (Orr/King) t 1 Approve Resolution No. 98 -069. Janke recommended postponing consideration to the next regular meeting as Council members had just received the plan, it had not had public review, and it did not require additional expenditures over last year's plan. MOTION (Satin /Clark) Motion passed. line. Postpone Resolution No. 98 -069 until the next regular meeting on June 8, 1998. YES: Blatchford, Clark, Gage, King, Orr, Satin NO: Callahan The city manager commended the Council for completing the budget on a condensed time Other New Business Items Appointment of Historic Preservation Commissioners MOTION (Clark/King) Motion passed. MOTION (Clark/Satin) Motion passed. Appoint Dan Seavey to the Seward Historic Preservation Commission. Unanimous. Appoint Tim Sczawinski to the Seward Historic Preservation Commission. Unanimous. The mayor noted that Acting Chairmen Bill Hearn would be reporting back to the Commission and the Council on his trip to the Blackstone River National Historic Preservation Area. INFORMATIONAL ITEMS AND REPORTS City Department Head Reports. The mayor commented that these reports would -be available monthly. COUNCIL COMMENTS City of Seward, Alaska City Council Minutes May 26, 1998 Volume 34, Page 68 ORR commented that although the budget process was quick, it produced a hold -the line budget. He looked forward to the city manager recommending more efficiencies and to a longer process next year. CLARK congratulated Winnie and the late Herman Leirer for the recognition of their work on historic preservation and was glad the road to Exit Glacier had been renamed for Mr. Leirer. He noted that he had a number of telephone calls regarding the library and that he supported the Mayor's statement on the situation. He commended the City Manager for "grabbing the reins" and looked forward to his cooperation on producing a revised budget within the next six months. GAGE praised the police department for recent assistance with a medical emergency at the Spring Creek Correctional Center and noted that the $800 raised by the Seward Garden Club from a recent plant sale went to buying gardening books for the library. She also commented that walking on the bike path enabled visiting with many people while taking in the scenery and added to the enjoyment of living in our small town. KING also congratulated the Leirers and thanked Winnie for her many years volunteering at the Chamber of Commerce Information Center in the railroad car. He thanked Mr. Janke, Mr. Gifford and Ms. Erchinger for developing a timely budget without increasing taxes but allowing a small increase in the cost of living allowance for City employees. BLATCHFORD stated that he saw the budget as a planning document, that planning documents were subject to change, and that he expected there would be changes in the City budget. SATIN noted that the first cruise ship arrived May 15th and that the visitor response to the Alaska Sea life Center where he worked as a docent Fridays had been excellent. He announced that he would also be working on tour boats this summer and canceling for the summer the Wednesday evening meetings with the mayor at the library . CITIZENS' COMMENTS: None. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS: None. ADJOURNMENT The meeting adjourned at 10:14 p.m. f4 C_� , 0 4_ke4�. I �*O_ Patrick •..•••••••.,,.• Lowell R. Satin City C . 10 Mayor (Cityletall S EAL I* t �i•. , f _ .••• 1� • • ,• • � ` 1 , �1r OF A�'..�`�•► City of Seward, Alaska June 8, 1998 CALL TO ORDER Board of Adjustment Minutes Volume 34. Page 69 The Seward City Council convened as a Board of Adjustment on June 8, 1998, in the Seward City Council Chambers. Presiding Officer Satin called the hearing to order at 12:00 noon. ROLL CALL There were present: Lowell 'Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan (arrived at 12:02 p.m.) Stu Clark Marie Gage Jerry King Nathan Orr (arrived at 12:09 p.m.) comprising a quorum of the Board of Adjustment. Also in attendance were: Scott Janke, City Manager Tylan Schrock, Assistant City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk ABSENT None. APPROVAL OF AGENDA AND CONSENT AGENDA Presiding Officer Satin gave an overview of the process, whereby each side would have an opportunity to present their case, and for the Board to then go into executive session to evaluate the facts that are presented. Satin asked each boardmember whether or not they have a direct, or indirect, financial interest in the outcome of this process. King noted that he does own an inn on Third Avenue. Blatchford noted that he is an owner of a restaurant located across the street from the proposed hotel. Callahan noted that he worked for a hotel located outside city limits. Satin asked each boardmember to whether they have been approached by parties with an interest in the outcome of today's proceedings, and, if so, to disclose those conversations. Clark noted that a number of months ago he had spoken with banker Mark Anderson and proposed hotel builder Paul Carter regarding the proposed hotel. King noted that he had discussed the proposed project with his spouse. Satin noted that he was approached by one person, but told that individual that it would not be appropriate to discuss the issues prior to today's hearing. Gage noted that King had presented testimony to the Planning and Zoning Commission. Satin then asked each boardmember to disclose conversations, if any, with city administration members, or other members of the board of adjustment, and whether the member had made public statements that would show that his or her nand was so set on this issue that the member's mind was no longer open. City of Seward, Alaska Board of Adjustment Minutes June 8. 1998 Volume 34, Page 70 Clark, King, and Orr all noted that they had made prior statements before the Planning and Zoning Commission but all felt that they could still be fair and open minded in hearing the upcoming appeal. Satin then ruled that no member had a conflict of interest and were all eligible to sit on the board of adjustment. Attorney Brad Meyen noted that the city attorney Eric Wohlforth noted that in his opinion members King and Orr could have a conflict of interest due to financial interest in the outcome of this decision. MOTION (Gage/Blatchford) To over -rule the chair's ruling that Orr does not have a conflict of interest. City Manager Janke noted that in his opinion that in his opinion there is no direct conflict of interest. Callahan expressed concern with going against the opinion of legal advise. Meyen noted that this open and frank discussion has been helpful. Gage expressed concern that Orr, King, and Clark made comments before the Planning and Zoning Commission. Motion failed. Yes: Gage No: Blatchford, Callahan, Clark, King, Satin Abstain: Orr MOTION (Gage /Callahan) Motion failed. MOTION (Callahan /Gage) To over -rule the chair's ruling that King does not have a bias in the outcome of this case. Yes: Gage, Callahan No: Blatchford, Clark, Orr, Satin Abstain: King To over -rule the chair's ruling that Clark does not have a bias in the outcome of this case. In response to a question from King, attorney Meyen noted that he did not see anything in the transcripts which exhibited Clark showing a galvanized position. Blatchford noted that this open discussion regarding possibility of bias and /or conflict of interests has been very helpful to show the public that this board is attempting to be fair and open. Motion failed. Yes: Callahan No: Blatchford, Gage, King, Orr, Satin City of Seward, Alaska Board of Adjustment Minutes June 8, 1998 Volume 34, Page 71 Abstain: Clark MOTION (Clark/Blatchford) Approve the Agenda. In response to a request from Orr, Meyen reviewed the procedures which the City's Board of Adjustment will use for today's proceedings. Meyen noted that the Board may affirm the decision of the Planning and Zoning commission, remand the decision back to the Planning and Zoning Commission, or to over -rule the Planning and Zoning Commission. It was agreed the agenda would allow Appellant Bradley, Appellee Carter, and the Administration 20 minutes each to present their case. Motion Passed. t Yes: Blatchford, Clark, Gage, King, Orr, Satin No: Callahan Appellant Gene Bradley, stated that if valet parking is allowed, her business, First Video, would to out of business because there will not be any parking for her customers. In response to a question from Satin, Bradley noted that she does not have exclusive parking spaces reserved for her First Video store. In response to a question from Gage, Bradley stated that the proposed two hour parking limits will not help her business because the parking restrictions do not go into the evening hours. Scott Janke, on behalf of the Administration, did not have anything new to add into the record beyond what has been presented in their packets for today's hearing. In response to a question from Orr, Janke noted that if the valet parking is not working, and Paul Carter's hotel business is not in compliance, then the City can revoke the conditional use permit. Appellee Paul Carter, 220 Fifth Ave, Box 1750, Seward, and Mile 2.31 Parks Highway, Denali. Carter noted that he originally felt that any parking requirement in the central business district was unreasonable. Carter stated that most of his clients will be arriving by bus, and his proposed sixty parking spots will actually provide a surplus of parking spaces. Carter stated that Bradley's real concern was to protect her hotel business from competition. Carter recited the increase in sales and business taxes which shall be provided by his proposed hotel business. Valet parking, according to Carter, has been successfully implemented in other communities. MOTION (King /Clark) To go into an executive session for the purposes of evaluating the merits of the appellant's appeal and to prepare findings of fact and conclusions of law. Motion passed. Yes: Blatchford, Callahan, Clark, King, Orr, Satin No: Gage City of Seward, Alaska Board of Adjustment Minutes June 8 1998 Volume 34, Page 72 The board then went into executive session for approximately twenty minutes. Motion To uphold the decision of the Planning and Zoning Commission and to adopt the Commission's finding of fact and conclusions of law as those of the Board. Motion passed. Yes: Blatchford, Clark, Gage, King, Orr, Satin No: Callahan ADJOURNMENT There being no further business, Mr. Satin adjourned the Board of Adjustment at 2:38 p.m. V4� Lowell R. Satin, Board President ATTEST c .i /' Patrick Reilly City C��iltuueq rs —«— — • ►SF A � ) 40 i, * i pZ�� City of Seward, Alaska City Council Minutes June 8 1998 Volume 34, Page 73 CALL TO ORDER The June 8, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY City Manager Scott Janke led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Stu Clark Marie Gage Jerry King Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Brad Meyen, City Attorney Patrick Reilly, City Clerk ABSENT None SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Bob Satin read a proclamation recognizing'the many volunteer hours of Teen Council Member Graduates Gabe Harbaugh, Sarah Williamson, Faye Wheeler, Orson Meyers, Alex VonTolmascy and Samie Sears. Mayor Satin presented a proclamation to Spring Creek Correctional Center Officer Rexford E. Spofford for being recognized as the 1998 National Correctional Officer of the Year. Mayor Satin read a proclamation which declared Census 2000 as a priority and encouraged participation of community leaders in the upcoming census to get an accurate count of the area population. Borough Assembly Report. Kenai Peninsula Borough Assembly Representative Pat O'Brien reported on the most recent Assembly Meeting. He noted that the Assembly passed a budget of approximately 73 million dollars. This Kenai Peninsula Borough Budget included a .3 mil rate reduction for a new mil rate of 8 mils. Assembly member O'Brien reported on his work to develop the appropriate criteria necessary to get a line item in the next budget for taking care City of Seward, Alaska City Council Minutes June 8, 1998 Volume 34 Page 74 of future flood problems and current flood control issues. City Manager's Report. City Manager Janke reported on the implementation of the two hour parking rule in the downtown area. In addition, he noted that street striping is currently ongoing. He gave a report on the proposed multi- agency facility, and based on a recent economic study for this project, the current proposal indicates it is better to go forward without the conference center segment of this facility. He noted that Senator John Torgerson was in town today to inspect potential flooding areas and to visit with community members. In response to a question from Gage, Janke responded that parking enforcement in the downtown area will be similar to enforcement in the harbor area. Janke thanked Gage for pointing out recent camping violations in the harbor parking area. In reference to the multi- agency facility, Clark noted that although the proposed location is considered earthquake prone, there was no concern of tidal waves. City Attorney's Report. City Attorney Meyen gave a report on recent legal activities. He noted that in addition to his legal activities' report, he is working on a skateboard ordinance, and the law firm is proceeding to trial with the Gateway Texaco litigation matter. Other Reports, Announcements and Presentations. None CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. Agenda items not scheduled for public hearing. Peter Gianini, 516 East 34 St., Anchorage, General Counsel for Chugach Alaska Corporation. Gianini noted that although he requested the Council to table Resolution 98 -071, Chugach Alaska Corporation is still very much in favor of it. Prior to addressing this resolution, Gianini felt that the City and Chugach Alaska Corporation need to work out some technical language in the proposed property deed. Dennis Lodge, 423 Lancelot Drive, spoke in favor of Resolution 98 -076, a resolution requesting funding support for a new vessel simulator to be located at the Alaska Vocational Technical Center. Items other than those appearing on the agenda. Bruce Sieminski, 213 Benson, would like to see a report that breaks out how much the average tourist contributes to the Seward economy. Sieminski also raised a question concerning the Alaska Railroad and its financial relationship with Seward. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (CLARK/ORR) To adjourn into an executive session following the regular meeting to receive legal advice and give direction to the City Attorney regarding ongoing litigation in the Gateway Texaco, Inc. v. City of Seward litigation. City of Seward, Alaska City Council Minutes June 8 1998 Volume 34, Page 75 I Motion Passed. Unanimous. MOTION (Clark/Blatchford) Approve the Agenda and Consent Agenda. Satin removed item 5(b), Resolution 98 -076 from the consent agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS Motion Passed Unanimous. The Clerk read the following approved consent agenda items: Approval of the May 11th and May 26 meeting minutes. PUBLIC HEARINGS Resolution No. 98 -070, authorizing the City Manager to execute Amendment No. 2 to Lease No. 88 -067, Lot 1, Block 10, Fourth of July Creek Subdivision, Seward Marine Industrial Center, between the City of Seward and GCI Cable, Inc. to extend the lease term for an additional ten years, adjusting the lease rate and establishing a five -year appraisal schedule as required by Seward City Code 7.05.150 Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. t The City Manager gave an overview of Resolution 98 -070 and responded to council questions. MOTION (KING /CLARK) Approve Resolution No. 98 -070, authorizing the City Manager to execute Amendment No. 2 to Lease No. 88 -067, Lot 1 Block 10 Fourth of July Creek Subdivision, Seward Marine Industrial Center, between the City of Seward and GCI Cable, Inc. to extend the lease term for an additional ten years, adjusting the lease rate and establishing a five -year appraisal schedule as required by Seward City Code 7.05.150. City of Seward, Alaska City Council Minutes June 8, 1998 Volume 34 Page 76 Clark noted that this resolution brings the GCI Cable lease in conformance with the other City of Seward leases and the City of Seward lease policy. Motion passed. Unanimous. Resolution No. 98 -071, amending the City of Seward lease of the Seward Historic Railroad Depot building and approving Chugach Alaska Corporation's exercise of its option to purchase. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. There were no public comments at this time, but it was noted that Mr. Gianini spoke on this topic earlier under citizens' comments. MOTION (CLARK/KING) Postpone Public Hearing on Resolution No. 98 -071 to the next regular meeting. Under discussion, Blatchford noted and the Council agreed that since Blatchford is a member of the board of directors of Chugach Alaska Corporation, he has a direct conflict of interest and shall not vote or participate on this resolution. Motion passed. YES: Callahan, Clark, Gage, King, Orr, Satin NO: None Abstain: Blatchford MOTION (CLARK/KING) Postpone Resolution No. 98 -071 to the next regular meeting. Motion passed. YES: Callahan, Clark, Gage, King, Orr, Satin NO: None Abstain: Blatchford Resolution No. 98 -069, adopting the Capital Improvement Plan for three fiscal years beginning July 1, 1998. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. City of Seward, Alaska City Council Minutes June 8 1998 Volume 34, Page 77 JIM MCCRACKEN, 204 Resurrection Blvd., spoke in favor of quality of life issues and preserving the greenbelt area. Spoke against any plan to take the greenbelt area away and to replace it with cement. McCracken felt it would be better to develop the Forest Acres Campground instead. BRUCE SIEMINSKI, 213 Benson, spoke against the way the City operates its campgrounds. Sieminski felt that it was important to operate the campground properly, which would require setting it up as an enterprise fund. Sieminski also felt that it may be illegal for the City to operate the campgrounds in the current manner they are being operated. No one appeared in order to be heard, and the public hearing was closed. UNFINISHED BUSINESS: To approve Resolution No. 98 -069, adopting the Capital Improvement Plan for three fiscal years beginning July 1, 1998. The Clerk noted that there already was a motion to approve this item which was made at the last council meeting and Resolution No. 98 -069 was now on the floor for discussion. Janke gave the Administration overview of the Capital Improvement Plan. He noted that he is proposing capital improvement projects which are important and some of which are required to comply with legal standards. Finance Director Rick Gifford gave the Council a more detailed review of the Capital Improvement Plan. There was a wide ranging discussion regarding the Capital Improvement Plan and it was noted that many of these items will come before the Council again for a vote, particularly if the items require the expenditure of more than $10,000. Much of the discussion focused on the Parks and Recreation Department. Parks and Recreation Director Karin Sturdy responded to council questions regarding complying with the Americans with Disabilities Act. Motion passed. YES: Blatchford, Callahan, Clark, Gage, Orr, Satin NO: King NEW BUSINESS Ordinance for introduction. MOTION (CLARK/SATIN) Introduce Ordinance 98 -04, amending Chapter 7.05 of the Seward City Code - Acquisition and Disposal of Real Property, and setting the ordinance for a public hearing on June 22, 1998. City of Seward, Alaska City Council Minutes June 8 1998 Volume 34, Page 78 Planning Director Kerry Martin gave an overview on Ordinance No. 98 -04. He noted that this ordinance is essentially a housekeeping measure to help clarify the code. The current ordinance regarding acquisition and disposition of property is poorly worded. Motion passed. YES: Blatchford, Callahan, Clark, Gage, King, Orr, Satin NO: None Ordinance for introduction. MOTION (CLARK/SATIN) Introduce Ordinance No. 98 -05, amending Title 7 Public Property - Definitions and Encroachments into Public Rights of Way, and setting the ordinance for a public hearing on June 22, 1998. Planning Director Martin gave an overview of Ordinance No. 98 -05. In response to a number of questions from council members, the Administration and the Council agreed to hold a work session prior to the next council meeting. Motion passed. YES: Blatchford, Callahan, Clark, Gage, Satin NO: King, Orr RECESS: The meeting recessed at 9:07 p.m. for ten minutes. MOTION (CLARK/ORR) Approve Resolution No. 98 -072, authorizing the City Manager to close the Adams Street Tot Lot Fund and appropriate the amount of $42,295 from the Adams Street Tot Lot Fund to the General Fund fund balance. Clark suggested keeping the $42,295 in a separate account to keep it available for tot lot use. Finance Director Gifford gave an overview of why the funds were originally appropriated. This discussion included how the original fund was to be reimbursed through the lease of the tot lot land to the downtown merchants for parking. There was additional council discussion, including comments from Gage where she spoke in support of continuing the tot lot and upgrading it, and to include making improvements for some older kids. City of Seward, Alaska City Council Minutes June 8 1998 Volume 34, Page 79 t t 1 In response to comments from Parks and Recreation Director Karin Sturdy, the Council expanded the language of the resolution to go beyond the current tot lot age restriction and to reclassify the area as a city playground. AMENDMENT (CLARK/GAGE) VOTE ON AMENDMENT MOTION AMENDMENT (ORR/CLARK) Reword Resolution No. 98 -072, authorizing the City Manager to rename the Adams Street Tot Lot Fund the City Playground Fund and leaving the amount of $42,295 in this fund. YES: Blatchford, Callahan, Clark, Gage, King, Orr, Satin NO: None Approve Resolution No. 98 -073, authorizing the City Manager to enter into a contract with Frontier Paving, without the full utilization of bid procedures, to complete various paving projects, including paving projects in the Seward Small Boat Harbor. To strike the $22,250 for the paving of the City Hall parking lots and alley. In response to questions from the Council, Janke responded to questions about the need for paving this area. VOTE ON AMENDMENT AMENDMENT (CALLAHAN /GAGE) YES: Callahan, Clark, Gage, King, Orr, Satin NO: Blatchford To strike $32,500 for the paving of the north harbor parking area. Callahan stressed that he did not believe this area needs to be paved at this time. VOTE ON AMENDMENT YES: Callahan NO: Blatchford, Clark, Gage, King, Orr, Satin FY 99 Janke asked for a change in resolution so that the funding can apply in either FY 98 or City of Seward, Alaska City Council Minutes June 8, 1998 volume 34 Page 80 AMENDMENT (KING /SATIN) Add section 2, and renumber current section 2 to section 3. Section 2 to read "in the event that the above paving projects are not completed in the FY 98 budget due to weather or other reasons, then Section 1 shall apply to the FY 99 budget. VOTE ON AMENDED MOTION YES: Blatchford, Callahan, Clark, Gage, King, Orr, Satin NO: Callahan Janke recommended postponing Resolution No. 98 -074 until the remaining issues related to the transfer of Railroad Depot building to Chugach Alaska Corporation are resolved. MOTION (CLARK/KING) Postpone Resolution No. 98 -074, a recommendation to the Kenai Peninsula Borough to approve an abbreviated plat to shift the property line between Lots 1 and 2 Waterfront Tracts westerly f 25 feet to place all of the Historic Hoben Park within Lot 2 Waterfront Tracts, to the June 22 meeting. MOTION (ORR/CLARK) Approve Resolution No. 98 -075, authorizing the City Manager to approve a change order in the amount of $10,336.95 to increase the authorized amount of the contract for Alaska Abatement to demolish the old Seward Hospital building from $289,000 to $299 City Engineer Dave Calvert responded to council questions pertaining to Resolution No. 98 -075. Motion passed. YES: Callahan, Clark, Gage, King, Orr, Satin NO: Blatchford, MOTION (CLARK/KING) Approve Resolution No. 98 -076, supporting the funding of a new vessel simulator at the Alaska Vocational Technical Center. City of Seward, Alaska City Council Minutes June 8 1998 Volume 34, Page 81 L t U Satin discussed why he asked to have Resolution No. 98 -076 removed from the consent agenda. Satin's concerns were addressed in the amendment to the motion. The amendment deleted references to the support of actions being taken by the Alaskan maritime and fishing industries on behalf of a vessel simulator at the Alaska Vocational Technical Center. Satin did not think it was appropriate to support actions which are so broad and non - specific. AMENDMENT (CALLAHAN /CLARK) Amend Section 1 to now read "The City of Seward Council hereby approves Resolution 98 -076, supporting the addition of a modern vessel simulator at the Alaska Vocational Technical Center which will enhance the training of Alaskan mariners and lead to increased safety levels on Alaskan waters. King suggested that the Council send the resolution to the Alaska Commissioner of Education. King thanked Dennis Lodge for his assistance with this resolution. VOTED ON AMENDED MOTION YES: Blatchford, Callahan, Clark, Gage, King, Orr, Satin NO: None MOTION (CLARK/SATIN) Approve Resolution No. 98 -077, authorizing the City Manager to extend the professional services agreement with Peterson Consulting Group, Inc. to provide additional professional services to the City of Seward for our wholesale power purchase contract with Chugach Electric Association for an amount not to exceed $15,000 for a new contractual amount of $49,550. . In response to a question from Satin, Janke explained the justification for an additional $15,000. Janke noted that the contract with Peterson Consulting Group did not include the time needed to resolve issues which have surfaced with the Alaska Public Utilities Commission. VOTE ON MOTION YES: Blatchford, Callahan, Clark, Gage, King, Orr, Satin NO: None MOTION (CLARK/ORR) Approve Resolution No. 98 -078, authorizing the issuance of a revenue bond, not to exceed $500,000, for the purpose of providing funds for Seward City of Seward, Alaska City Council Minutes June 8, 1998 Volume 34 Page 82 Life Action Council to acquire property in Seward, Alaska. Janke and Gifford responded to questions from the Council. It was explained by Gifford that the revenue bond would be a non - recourse bond and that the City's risk is low. In addition, the City tax dollars were not at risk. Gifford gave the Alaska SeaLife Center and Alaska Pacific University as two examples of previous revenue bonds issued by the City of Seward. In response to a question from Clark, Melissa Stone, Executive Director of the Seward Life Action Council, addressed cash flow issues associated with the repayment of their proposed loan. In addition, Jan Fieberts, Senior Vice President in charge of Commercial Real Estate Lending for National Bank of Alaska, responded to council questions pertaining to the proposed loan to the Seward Life Action Council. Motion passed. COUNCIL COMMENTS Unanimous. SATIN noted that it was a pleasure to do a proclamation for the Teen and Youth Center and commended them for running a viable program that has a positive impact on the community. Satin also noted that the caliber of the corrections officers that serve in Seward should give the Department of Corrections confidence that when they do decide to expand, Spring Creek will be in competent hands with employees of such high caliber as Correctional Officer Rex Spofford. ORR noted that he and his son use the Tot Lot. He also noted that it is in shabby condition and that a few relatively low -cost items could fix up the area. He suggested some staining or oiling of the jungle -gym and that the area could use a good load of chips to cover the ground. CLARK noted that he attended the multi - agency facility meeting and thought that the economic study may have had weaknesses but the end result of a more accurate study probably would not change the result of the study. Clark also stated that if folks wish to preserve the greenbelt, now was the time to speak up. GAGE noted that she also visits the Tot Lot often and encouraged improvements to this area. She also noted that Rex Spofford is an excellent Spring Creek employee. CALLAHAN noted that it would be better to put down a rubber surface in the tot lot area instead of wood chips. CITIZENS' COMMENTS BRUCE SIEMINSKI, 213 Benson Blvd., noted that he favors the multi -use facility and thinks that the proceeds from the sale of the Railroad Depot building should go to the purchase of this facility. At the very least, Sieminski would like the proceeds to be put into a separate account for future land purchases. City of Seward, Alaska City Council Minutes June 8 1998 Volume 34, Page 83 1 DENNIS LODGE, 423 Lancelot Drive, thanked the Council for its support of the vessel simulator resolution. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS JANKE noted that he recently attended a meeting with the Seward Volunteer Fire Department and encouraged membership in this organization. ADJOURNMENT The meeting was adjourned at 10:25 p.m. e�� Patrick Reilly City Clerk SE4* f *4 ...., ., SEAL ••••••• •••iil At n - 4 OF 1 owell R. Satin Mayor City of Seward, Alaska City Council Minutes June 22, 1998 Volume 34 Page 84 CALL TO ORDER The June 22, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY City Clerk Patrick Reilly led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell 'Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Stu Clark Marie Gage Jerry King Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT None SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Randi Madison, Parks and Recreation Supervisor, accepted a proclamation recognizing July as National Park and Recreation month. Borough Assembly Report. None City Manager's Report. Janke noted that he and Harbormaster, Jim Beckham, met with the Army Corps of Engineers in Anchorage last week. Janke also met with the Department of Transportation regional director and discussed the East Harbor expansion plans, the plans to re- locate the City Shop, and the replacement of the Seward Highway Mile 3 bridges for flood mitigation purposes. Janke noted that he and Kenai Peninsula Borough Assemblymember, Pat O'Brien, plan to meet with Kenai Peninsula Borough Mayor, Mike Navarre, during the end of June or early July to discuss the Harbor expansion project. Assistant City Manager Schrock reported on the upcoming strategic planning meetings, gave an update on parking, the Shellfish Hatchery and the Flood Mitigation Task Force. City of Seward, Alaska City Council Minutes June 22 1998 Volume 34, Page 85 ' In response to a question from Gage, Janke noted that there will be a departmental report from the Police Department when the next departmental reports are given. City Attorney's Report. None Other Reports, Announcements and Presentations. AProvidence Seward Medical Center update was presented by Providence Seward Medical Center Administrator Gary Hughes. A Providence Seward Health Council update was presented by Barbara Fleming. Hughes noted that the medical staff are involved organizing various community events. The medical center plans to be fully staffed by August 1, 1998. The last year was spent recruiting physicians, and with the arrival of Dr. Patricoski, the medical center's goals of recruiting physicians have been achieved and one of the goals for the coming year includes retaining physicians. Fleming noted that what the medical facility has accomplished in the last year was quite encouraging. Both Hughes and Fleming noted that the medical center will hold a planning retreat October 1 -2, 1998. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING. Bob Cox, Division Vise President of Alaska Division, a division of USA Waste of Alaska, Inc., 6301 Rosewood, Anchorage, Alaska noted that he was available to answer any questions ' pertaining to Resolution 98 -082. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (ClarkBlatchford) Approve the Agenda and Consent Agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA Motion Passed Unanimous The Clerk read the following approved consent agenda items: Resolution No. 98 -081, authorizing the extension of a Special Services contract between the City of Seward and the Department of Public Safety providing dispatch and clerical services to Public Safety Employees in the Seward area. Approval of the June 8, 1998, City Council minutes. Non - objection to renewal of a liquor license for The Wheelhouse. PUBLIC HEARINGS Ordinance No. 98 -04, amending Chapter 7.05 of the Seward City Code - Acquisition and Disposal of Real Property. City of Seward, Alaska City Council Minutes June 22, 1998 Volume 34. Pare 86 Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Motion (Clark/King) Approve Ordinance No. 98 -04 Community Development Director, Kerry Martin, gave an overview of Ordinance No. 98 -04, emphasizing that the proposed changes merely re- arranged sections of the City Code to help clarify terms and make for easier reading, and that the ordinance contained no changes in procedures or policies. Motion passed. Unanimous Ordinance No. 98 -05, amending Title 7 Public Property - Definitions and Encroachments into Public Rights -of -Way. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Motion (Clark/Satin) To approve Ordinance No. 98 -05 Community Development Director Martin noted that there was a work session prior to the meeting regarding this ordinance. Martin noted that this ordinance modifies the existing ordinance regarding the granting of encroachment right -of -ways. This ordinance puts into writing a policy regarding how the City manages encroachments. The policy would not allow new encroachments, existing encroachments would not be expanded, and the City would encourage the removal of all encroachments over the long -term. Mayor Satin inquired whether any councilmembers had potential conflicts of interests, in particular, did any councilmember own property which encroached into the public right ofway. After some discussion, Mayor Satin ruled that councilmembers Blatchford and Orr had conflicts of interest and should not participate in the discussion or vote of Ordinance No. 98 -05. Blatchford and Orr both have interests in commercial real estate whose property lines encroached into the public right -of -way. Clark noted that during the work session he was assured that the City policy on this subject would not change substantially, and that the ordinance helps clarify in writing the current policy. King spoke against the ordinance, noting the Planning and Zoning Commission did not recommend this change; experienced property owners and title companies did not recommend this change; and he has had some calls from concerned residents on this subject. King noted that he never had a complaint from a citizen regarding the current code section or procedures. Schrock noted that it was not possible to solve all the issues related to all of the interest groups, such as the interests of some of financial institution's concerns. The reason that the City Administration is requesting this ordinance change is largely because the current ordinance allows too much leeway in the hands of the City Manager. The current ordinance allows the City Manager to City of Seward, Alaska City Council Minutes June 22 1998 Volume 34, Page 87 1 1 L grant easements into public rights -of -way, and this is something a City Manager cannot legally do. Schrock stated that the intent is to stop new encroachment and to eventually eliminate current encroachments. In response to a concern expressed by Callahan regarding the lack of public discussion on this topic, Satin reminded Callahan that there were lengthy public hearings regarding this issue before the Planning and Zoning Commission. King noted that encroachments into public rights -of -way are illegal and there is no need to change the city code to address an illegal encroachment, there are plenty of other methods to address an illegal encroachment - such as not issuing a building permit. Motion passed. YES: Callahan, Clark, Gage, Satin NO: King Abstain: Blatcbford, Orr Public Hearing for Resolution No. 98 -071, amending the City of Seward lease of the Seward Historic Railroad Depot building and approving Chugach Alaska Corporation's exercising its option to purchase was postponed to the July 13, 1998, council meeting. It was noted that Blatchford still had a conflict of interest with this resolution because he is a director on the Chugach Alaska Corporation board. Motion (Clark/King) Motion passed. UNFINISHED BUSINESS Postpone the public hearing for Resolution 98 -071 to July 13, 1998. YES: Callahan, Clark, Gage, King, Orr, Satin NO: None Abstain: Blatchford Resolution No. 98 -071, amending the City of Seward lease of the Seward Historic Railroad Depot building and approving Chugach Alaska Corporation's exercising its option to purchase was postponed to the July 13, 1998, council meeting. Motion (Clark/Orr) Postpone Resolution 98 -071 to July 13, 1998. Motion passed. YES: Callahan, Clark, Gage, King, Orr, Satin NO: None Abstain: Blatchford City of Seward, Alaska City Council Minutes June 22, 1998 Volume 34 Page 88 Resolution No. 98 -074, recommendation to the Kenai Peninsula Borough to approve an abbreviated plat to shift the property line between Lots 1 and 2 Waterfront Tracts easterly f 25 feet to place all of the Historic Hoben Park within Lot 2 Waterfront Tracts was postponed to the July 13, 1998, council meeting. Motion (Clark/Satin) Motion passed. NEW BUSINESS Postpone Resolution 98 -074 to July 13, 1998. YES: Callahan, Clark, Gage, King, Orr, Satin NO: None Abstain: Blatchford Ordinance No. 98 -06, amending Seward City Code 15.10.140 Definitions, 15.10.215 Parking, 15.10.225 and Table 15.10.225 Land Uses Allowed, 15.10.320 Conditional Use Permits, 15.10.325 Variances and 16.01.015 Subdivisions Conditions of Plat Approval and set for a public hearing for the July 13, 1998, council meeting. Motion (Clark/Gage) Introduce Ordinance No. 98 -06 Community Development Director Martin gave an overview of Ordinance No. 98 -06. Motion passed. Unanimous Resolution No. 98 -080, transferring the FY94 Law Enforcement Liability Pool (LELP) charge from the General Fund fund balance designated for insurance to the undesignated fund balance and transferring the FY95 and FY96 LELP credits and the FY97 general insurance credit from the General Fund undesignated fund balance to the General Fund fund balance designated for insurance reserves. Motion (Clark/King) Approve Resolution No. 98 -080 Finance Director, Rick Gifford, gave an the administrative overview. He explained how the current city goal is to set aside the insurance credits into a designated insurance reserve. If this resolution is approved, there will be approximately $102,000 in this insurance reserve account, and the hope is to increase the amount so that the City of Seward can increase its insurance deductibles. Motion passed. Unanimous. Resolution No. 98 -082, approving the assignment of the contract for the Collection and Disposal of Garbage, Rubbish and Waste Material in the City of Seward, Alaska from Jason McDonald, d.b.a. Jason Enterprises, to USA Waste Services, Inc. City of Seward, Alaska June 22. 1998 I Motion (Clark/Blatchford) 1 City Council Minutes Volume 34, Page 89 Approve Resolution No. 98 -082 In response to a question from Callahan, Gifford noted that the voters originally voted to allow Jason McDonald, d.b.a. Jason Enterprise, to operate the waste disposal franchise. Blatchford questioned whether USA Waste Services, Inc. had other contracts in Alaska. Janke responded that USA Waste Services, Inc. was just entering the Alaska market and forming contracts with numerous municipalities. Bob Cox, Division Vice President forUSA Waste Services, Inc. responded to questions from the Council. Cox stressed local control and stated that he will retain Jason McDonald, and who is hired will be McDonald's decision. Satin noted that as businesses move from local ownership to a larger corporate ownership, this often brings a better employee benefits package in terms of health and retirement benefits. Gage spoke in support of Resolution No. 98 -082, and she noted that the Maness kid does a very good job for Jason Enterprises. Amendment (Clark/Blatchford) Amend Section 1 of the resolution to autho- rize the City Manager to sign documents consenting to the assignment of the con- tract. Vote on amendment. Unanimous Motion passed. Unanimous Resolution No. 98 -083, authorizing the City Manager to execute Amendment No. 3, to the Contract for Professional Consulting Services between the City of Seward and Michael W. Meeks, d.b.a. MWM Consulting amending compensation and summary of services, and extending the contract through June 30, 1999. Motion (Clark/King) Approve Resolution No. 98 -083 Clark noted that the contract did not require the exclusive use of MWM Consulting for the City of Seward computer needs. Motion passed. Unanimous Resolution No. 98 -084, appropriating $1,500.50 from the General Fund fund balance designated for Community Center Renovations to the Teen and Youth Center operating expenses. Motion (King /Clark) Motion passed. Approve Resolution No. 98 -084 Unanimous City of Seward, Alaska City Council Minutes June 22, 1998 Volume 34 Page 90 Resolution No. 98 -085, Authorizing a one -year contract between the City of Seward and the State of Alaska, Department of Corrections, that provides for the City of Seward to operate the Seward Community Jail and house prisoners charged and /or sentenced under Alaska Statutes. Motion (Clark/Orr) Approve Resolution No. 98 -085 Janke noted that the amount of funding for Community Jails is a political process. Gage noted that she had the opportunity to recently visit the jail and felt that the conditions were deplorable and would not think that the jail would meet state code. Janke responded to Gage that he felt that Seward's jail was in better condition than most Alaskan jails that he has viewed. Janke said that the Police Chief will respond to Gage's questions in writing, or respond to her at the next council meeting. Gage encouraged the councilmembers to tour the jail. Motion passed. COUNCIL COMMENTS Unanimous Satin complimented the City Manager for keeping the Council informed by including department reports in the council packets. Orr requested Janke to consider a work session regarding the development of lots in Forest Acres. Janke suggested that Planning and Zoning should first look at the issue and then a report will come back to the Council. BLATCHFORD complimented those who helped encourage the Alaska Municipal League Legislative Committee choose Seward as a site to meet this summer. Satin, Clark and Brad Snowden were all instrumental in Seward being chosen as the meeting location for the Legislative Committee. ORR thanked Gary Hughes for his in -depth medical center report. Orr stated he had recent experience with the physical /occupational therapy department and felt that the department did a marvelous job treating him. CALLAHAN made reference to a memo from the City's lobbyist and noted that he would not be too disappointed if the City did not get involved with a proposed convention center connected with the proposed multi - agency facility. CLARK noted that the southeast corner of Seward is totally obstructed with recreational visitors and would appreciate community support for his proposal to turn this portion of town into a true greenbelt. He felt the area around the Founder's Monument would be better utilized for the Citizens of Seward if it was an area for picnicking, playing frisbee and flying kites. GAGE encouraged residents to come out for the July 4 weekend and to support the Seward runners. City of Seward, Alaska City Council Minutes June 22 1998 Volume 34, Page 91 C [J t SATIN noted he has had the pleasure of working on the boats in Resurrection Bay during these past beautiful days and came into contact with numerous pleasant and satisfied tourists. CITIZENS' COMMENTS CAROL CHAUDIERE, 1129 Edgecliff, happy to see that the community will soon have the long awaited comprehensive planning meeting. Chaudiere encouraged lots of publicity prior to the meetings so that individuals and interest groups will have time to prepare for the meetings and to give their input. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS JANKE responded to Chaudiere's comments by stating that his goal is to have at least 300 people attend and participate in the town meetings, and that there will be plenty of publicity prior to these meetings. In response to a question from Orr, Janke noted that the meetings are planned for the fall because people are too busy in the summer and would be less apt to participate. ADJOURNMENT The meeting was adjourned at 10:10 p.m. Patrick Reilly City Clerk Lowell R. Satin Mayor (City �t0� Y ♦♦ I OF SEw s ' i _ A f • ;A r �'`++'� `d; • . t;+sue City of Seward, Alaska July 13, 1998 CALL TO ORDER City Council Minutes Volume 34, Page 92 The July 13, 1998, special meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY The pledge of allegiance to the flag was recited ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan (arrived at 7:10 p.m. late) Stu Clark Marie Gage Jerry King Nathan Orr comprising a quorum of the Council and Patrick Reilly, City Clerk ABSENT None CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None APPROVAL OF SPECIAL MEETING AGENDA MOTION (Clark/Orr) Approve the Special Meeting Agenda which calls for an executive session for the purpose of City Clerk contract negotiations. Motion Passed. Unanimous The City Council and the City Clerk went into executive session at T05 p.m. The City Council returned from executive session at 7:10 p.m. Councilmember Callahan arrived at 7:10 p.m. t City of Seward, .4laska July 13, 1998 Citv Council Minutes l'olume 34, Page 93 COUNCIL COMMENTS GAGE noted that she filed a complaint with the City of Seward against a Seward Police Officer. Gage did not feel that as a councilmember, or as a citizen, she deserved rude or offensive treatment from City police officers. CITIZENS' COMMENTS None COUNCIL AND ADMINISTRATIVE RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 7:15 p.m. r t Patrick Reilly City Clerk (City j '�c >OF SEy' '. z SEAL ••.....t..• � ,er g' OF P +�` 0 Lowell R. Satin Mayor City of Seward, Alaska City Council Minutes July 13, 1998 Volume 34, Page 94 CALL TO ORDER The July 13, 1998, regular 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 to the flag was recited. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Stu Clark Marie Gage Jerry King Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Eric Wohlforth, City Attorney Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Janke noted that the July 4' celebration generally went well; the vast majority of residents and visitors were well behaved and cleaned up their trash. He noted that there was some concern over the partying in the Adams Street Pavilion area and stated that over the next few months he will work with the city staff to find solutions. He thanked the Public Works Department and all of the many volunteers who helped clean up after the big weekend. In other business, Janke noted that Congressman Don Young received a tour of Seward; stated that the Dreamland Bowling Alley should be moved around 4:00 a.m. on Wednesday morning; he met with Dave Eagle, of the Alaska Railroad and discussed upland development issues. Assistant City Manager Schrock updated the Council regarding the Resurrection River Flood Mitigation Task Force. City of Seward, Alaska City Council Minutes July 13 1998 Volume 34, Page 95 LJ 1 �1 City Attorney's Report. Attorney Wohlforth noted that the law firm has been busy answering questions regarding: the move of the Dreamland Bowl; harbor impound procedures; planning and zoning issues related to the construction of a new hotel and attending a board of adjustment hearing; concluding the Gateway Texaco lease litigation; assisting with the second closing involving tidelands lease related to the old sawmill site; and preparing the documents and reviewing issues related to the Historic Railroad Depot purchase. Other Reports, Announcements and Presentations. Lani Lockwood, introduced Seward's representatives for the Sister City, Obihiro, Japan, student exchange program: Zeke Daubney, Matt Hubbard, Christie Hohl (who was unable to attend), and Karie Schafer. Lockwood also updated the Council on our Sister City relationship. Aleen Smith, Tribal Administrator for Qutekcak Native Tribe, gave an update regarding the Shellfish Hatchery. The Council was pleased with the progress and are looking forward to future reports. Ron Long, Chairman of the Port and Commerce Advisory Board, gave an annual report. He highlighted the numerous accomplishments and the various projects this board worked on during the past year. The Council noted that the Board has been of assistance in reviewing projects and giving the Council their input. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Mike L. Brittain, 231 Ballaine, noted his disagreement with earlier administrative comments and felt that the Fourth of July celebration was a little too wild this year. He noted that there was wood stolen in an effort to keep campfires going and urination on private property. The problems were mainly caused by drunk teenagers. He recommended more security - more police - to help control next year's celebration. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (King/Clark) Approve the Agenda and Consent Agenda. Mayor Satin removed item (C)(4), related to the non - objection to renewal of liquor licences, from the consent 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. 98 -087, placing Hoben Park on the Seward Register of Historic Places. Approval of the June 22, 1998, regular meeting minutes. City of Seward, Alaska City Council Minutes July 13, 1998 Volume 34 Page 96 PUBLIC HEARINGS Ordinance No. 98 -06, amending Seward City Code 15.10.140 Definitions, 15.10.215 Parking, 15.10.225 and Table 15.10.225 Land Uses Allowed, 15.10.320 Conditional Use Permits, 15.10.325 Variances and 16.01.015 Subdivisions Conditions of Plat Approval. Planning Director Kerry Martin gave an overview of the proposed code amendments in Ordinance No. 98 -06. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Motion (Clark/King) Enact Ordinance No. 98 -06 Clark inquired of the City Attorney whether or not changes in the proposed parking regulations could be applied retroactively. Wohlforth responded that the law was meant to be of general applicability and that it could be applied retroactively. Callahan and Orr raised concerns and questioned the Administration regarding valet parking. In response to a question from Callahan, Martin stated that any violations could only be enforced through civil court proceedings. Motion to amend (King /Orr) Amendment passed. Amend Section 2(D)(1) by replacing nine feet wide with eight and one half feet wide, and by replacing 19 feet long with 18 feet long and deleting the rest of the sentence. YES: Blatchford, Callahan, King, Orr, Satin NO: Clark, Gage Vote on main motion. Unanimous Resolution No. 98 -071, amending the City of Seward lease of the Seward Historic Railroad Depot building and approving Chugach Alaska Corporation's exercise of its option to purchase. City Manager Janke gave an administrative overview. He noted that the proposed language in the deed was written with the intention of keeping the Alaska Railroad Depot building on the historic register. He also noted that the cost benefit analysis favored selling the building rather than leasing. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. City of Seward, Alaska City Council Minutes July 13, 1998 Volume 34, Page 97 Peter Giannini, General Counsel for Chugach Alaska Corporation, noted that this agreement was mutually beneficial to the City of Seward and to Chugach Alaska Corporation and recommended passage of the Resolution No. 98 -071. He also noted that Chugach Alaska is committed to working with Qutekcak Native Tribe so that they will have a prominent involvement with this venture in the future. Giannini thanked Janke, Schrock, and Wohlforth for their professional manner in helping to solve the language issues which arose surrounding deed terminology. Motion (Clark/King) Approve Resolution No. 98 -071 Councilmember Blatchford noted that he still had a conflict of interest due to his position as a director of Chugach Alaska Corporation. Clerk Reilly noted that the attorney recommended various amendments which were incorporated into a substitute resolution. Motion (Clark/King) Amend by moving substitute Resolution No. 98 -071. Motion passed. YES: Callahan, Clark, Gage, King, Orr, Satin NO: None Abstain: Blatchford Callahan looked for assurances from the Administration that Chugach Alaska Corporation could not tear down the building and replace it with another structure. Clark complimented the Administration and the purchasers on their ability to come together concerning difficult issues. Janke thanked the Mayor for his assistance to the city staff as it related to his assistance with developing a net present value chart to assist with comparing lease /sell options. Main motion passed. YES: Callahan, Clark, Gage, King, Orr, Satin NO: None Abstain: Blatchford UNFINISHED BUSINESS Resolution No. 98 -074, recommendation to the Kenai Peninsula Borough to approve an abbreviated plat to shift the property line between Lots 1 and 2 Waterfront Tracts easterly 25 feet to place all of the historic Hoben Park within Lot 2 Waterfront Tracts. Blatchford noted that due to his position as a director of Chugach Alaska Corporation he had a conflict of interest and would not be voting on this issue. Motion (Clark/Satin) Approve Resolution No. 98 -074 City of Seward, Alaska City Council Minutes July 13, 1998 Volume 34, Page 98 Motion passed. YES: Callahan, Clark, Gage, King, Orr, Satin NO: None Abstain: Blatchford NEW BUSINESS Resolution No. 98 -079, approving the refinancing of the Spring Creek Correctional Facility by the State of Alaska by amending and restating the Lease Agreement and assigning the same to a Trustee pursuant to an amended and restated facility lease and trust agreement and providing for related matters. Motion (Clark/Blatchford) Approve Resolution No. 98 -079 Attorney Wohlforth responded to council questions regarding the proposed refinance. He noted that in about seven years the State will own both the correctional facility and the land which it is sitting on. Wohlforth said that it might be possible that the land site could be reduced, and some of it possibly returned to the City, if the prison site did not expand. It was ruled that councilmember Gage did not have a conflict of interest because of her employment at Spring Creek Correctional Facility. Motion passed. YES: Blatchford, Callahan, Clark, Gage, King, Orr, Satin Resolution No. 98 -086, consenting to the Kenai Peninsula Borough Planning Commission action to vacate the north ten feet of Barwell Street between Chiswell Street and Harold Avenue, adjacent to Lot 24, Block 3, Bayview Addition. Motion. Approve Resolution No. 98 -086 Planning Director Martin gave an overview for the Council. Satin noted that he had a problem with the garage, which was later developed into a room within the house, encroaching into the right of way. In response to a question from Clark, Martin stated that this particular house is a unique encroachment situation. In response to questions from Orr, Martin stated that there would be enough room in the remaining right of way for a driveway to access the property behind the property requesting the vacation. Motion failed. YES: Blatchford NO: Callahan, Clark, Gage, King, Orr, Satin Resolution No. 98 -088, authorizing an extension of the FY98 Animal Control Contract in the amount of $48,375. City of Seward, Alaska City Council Minutes July 13 1998 Volume 34, Page 99 t C] t Motion (Clark/Satin) Approve Resolution No. 98 -088 Police Chief Tom Walker gave an overview of the Animal Control Contract. Gage stated that she would prefer to see this contract go out to bid. Gage also questioned where proceeds from non - profit groups related to the animal shelter, such as the "save our pets" fund, go. King also stated that he wondered how donation monies are used and that he would also like to see this contract go out to bid this year. Callahan noted that a bid should not be let automatically to the lowest bidder and that the current contractor, Dee Johnson, should be rewarded for providing a good service. Motion (Clark/Orr) Extend the current animal control contract for ninety days and instruct the Adminis- tration to solicit requests for proposals for Animal Control services. Motion passed. YES: Blatchford, Callahan, Clark, Orr, Satin NO: Gage, King Resolution No. 98 -089, accepting a proposal from Neu & Company to facilitate a strategic planning process in Seward, Alaska, during fall of 1998 for an amount not -to- exceed $12,000. Motion (Clark/Satin) Approve Resolution No. 98 -089. Janke explained that the Administration would like to bring to Seward a professional facilitator to help our community identify its goals. Clark noted that he had the opportunity to meet Mr. Neu and thought that he would be an excellent choice as a facilitator of the town's community planning process. Clark also noted that the current City Manager comes to Seward with a planning background, and he has complete confidence that the planning process will be successful. Clark stated his plan to do what he can to help publicize the upcoming planning process and to try to get the community involved. Satin stated that he has been involved with these types of workshops in the past, knows what they can cost, and believes that we will be getting a lot of bang for our buck with the current proposal. Main motion. YES: Blatchford, Callahan, Clark, King, Orr, Satin NO: Gage Continuation of the Port and Commerce Advisory Board through August 11, 1999. Motion (Clark/Orr) To continue the Port and Commerce Advisory Board through August 11, 1999. City of Seward, Alaska City Council Minutes July 13, 1998 Volume 34 Page 100 Clark and Satin both spoke highly of the Board and thought it provided a valuable public forum. Motion passed. Unanimous. Setting preliminary schedule for Comprehensive Planning Meetings. Motion (Clark/Callahan) Approve the Administration's scenario 2 - over the election time frame. Clark spoke in favor of scenario number 2 because it will maximize the public's participation. Motion passed. Unanimous. Non - objection to renewal of liquor licenses for the following businesses: Legends of the Mountain; Thorn's Showcase Lounge; Marina Restaurant; Breeze Inn; House of Spirits /Seward Trading. Blatchford noted that he will have a conflict of interest because of his ownership interest in the Legends of the Mountain business. Motion (Satin/King) Approve the non - objection to renewals of liquor licenses for the Legends of the Moun- tain; Thorn's Showcase Lounge; Marina Restaurant; Breeze Inn; House of Spirits /Seward Trading. Satin noted that in light of the success that the states are having in the tobacco litigation, he believed that the states will one day enter into litigation with the alcohol industry. Motion passed. COUNCIL COMMENTS Unanimous. GAGE did not feel that the police department's report answered the questions which she raised at the last regular council meeting. CALLAHAN stated that he felt the July 4` Seward celebration has been wild for years and it is only this year that the newspapers are printing stories about it. CLARK thought that during the upcoming planning process discussions regarding how to handle the July 4' crowds might get discussed. KING noted that he received a complaint from a citizen, and he agreed with the citizen that the need for a good night's sleep should override the right to have a band playing at the flea market across from the Marina Motel. GAGE stated that the underage kids that were drinking this past Fourth of July should have been arrested. SATIN noted that 30 -40 years ago Seward was known for its serious partying down on Main Street. He complimented the Police Chief and his staff for keeping the crowds under control. City of Seward, Alaska City Council Minutes July 13, 1998 Volume 34, Page 101 I CITIZENS' COMMENTS Linda Lynch, 1700 Chiswell, requested the Council to reconsider Resolution No. 98 -086. She stated that she would have been here earlier to give her statement but did not think there was going to be any problem with the granting of a vacation, particularly since the Kenai Peninsula Borough approved it. She reminded the Council that the Planning and Zoning Board supported her request. Lynch described the hardship she might face when attempting to sell her property in the future if this vacation was not granted. Lori Draper, 204 Bear Drive, also spoke in support of the request to vacate a portion of land near Ms. Lynch's property. Both Lynch and Draper responded to questions from the Council regarding how a failure to vacate the easement would impact the property owner and the bank. Clerk Reilly responded to Councilmember Gage's questions regarding the making of a motion to reconsider. Motion (Gage /Callahan) Reconsider Resolution No. 98 -086. Motion passed. Unanimous. Motion Approve Resolution No. 98 -086 Blatchford noted that these encroachment issues impact many people and they are political time bombs. He also reminded the Council that the Administration's recommendation was to approve this resolution. A number of the councilmembers expressed new opinions in light of statements which they heard from Lynch and Draper. Motion passed. YES: Blatchford, Callahan, Clark, Gage, King, Orr NO: Satin COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned at 10:58 p.m. Patrick Reilly City Clerk (City Seal) OF sv —t.. v - • f SEAS. • ' a._ OF A _..r`' - 9W V 1 , " C> Lowell R. Satin Mayor City of Seward, Alaska City Council Minutes July 27, 1998 Volume 34 Page 102 CALL TO ORDER The July 27, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Police Chief Tom Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Stu Clark Marie Gage Jerry King Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. City Manager Janke noted that the Alaska Municipal Legislative Committees will be meeting in Seward on July 30 and 31. Janke noted that Councilmember Clark serves on the Revenue and Finance Committee and that he was recommending Assistant City Manager Tylan Schrock to get involved with the Alaska Municipal League organization. The new Japanese research vessel the Marai will be in Seward from August 12 to 14 and will hold an open house for the community of August 13. Janke updated the Council regarding the Staff s tentative ideas to reduce density on public facilities over the July 4' weekend. This may include the requirement that campers pre- register for camping sites or the increase of camping fees for this weekend. City of Seward, Alaska City Council Minutes July 27, 1998 Volume 34, Page 103 1 City Attorney's Report. None. Other Reports, Announcements and Presentations. Introduction by Nita Hollingsworth and Rhonda Hubbard of Obihiro's representatives from Seward's Sister City, Obihiro, Japan, Student Exchange Program: Shunsuke Osawa; Kanako Aoki; Eriko Hasegawa; Ryo Uchiyama. Each student gave a brief biographical sketch of themselves and thanked the Council and their home -stay families for their wonderful stay in Seward. Mayor Bob Satin presented the students with Seward / Obihiro friendship hats celebrating 25 years of student exchanges between our two communities and with City of Seward pins. The following Port and Commerce Advisory Board member applicants gave a brief presentation: Deborah Alterman, John Flood, and Ron Long. It was noted that applicant Jack Goodwill was unavailable because of a need to work at the railroad dock attending to cruise ship arrivals and departures. Alaska SeaLife Center quarterly report was given by Kimbal Sundberg, Executive Director, 7042 d Avenue. Sundberg noted that new facility has been opened since May 3. On July 11 the SeaLife Center reached a total of 100,000 visitors, and on July 26 they reached 125,000 visitors. The center is well on its way toward reaching their goal of 230,000 visitors this year. Sundberg stated that there are seven research projects and they are looking forward to reaching their full occupancy goal of ten to twelve research projects. He noted that the current Seward Public Utilities bill is approximately $30,000 per month. In response to a question from Clark, Sundberg stated that revenues are doing well. Although there has been some concern in the exit surveys concerning the $12.50 entrance fee, he felt that the center is priced appropriately. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. None. u APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (King /Clark) Approve the Agenda and Consent Agenda. Clark pulled Resolution No. 98 -093 from the consent agenda. Gage pulled Resolution No. 98 -091 and 092 from the consent agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED. Motion Passed. The Clerk read the following approved consent agenda items: Unanimous. July 13, 1998, special and regular meeting minutes. City of Seward, Alaska City Council Minutes July 27, 1998 Volume 34, Page 104 Non - objection to renewal ofliquor licenses for the following businesses: Harbor Dinner Club; Elks Club #1773. PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS: Ordinances for introduction. Ordinance No. 98 -07, amending Land Use Plan and Zoning Designation of Lots 1 -20, Block 23, Original Townsite of Seward to Office Residential. Planning Director Kerry Martin gave a brief overview and noted that this recommendation for a zoning change was at the request of a property owner. Motion (Clark/King) To introduce Ordinance No. 98 -07, and to set an August 10, 1998, public hearing. Motion passed. Unanimous. Ordinance No. 98-08, amending Seward City Code, Chapter 4.05, to authorize the use of ballot counting systems approved for use in State of Alaska and Kenai Peninsula Borough elections. Clerk Reilly gave an overview of the proposed new ballot counting system, a method which was authorized by both the State and the Kenai Peninsula Borough. Motion (King /Clark) To introduce Ordinance No. 98 -08, and to set an August 10, 1998, public hearing. Motion passed. Yes: Callahan, Clark, Gage, King, Orr, Satin No: Blatchford Resolutions: Resolution No. 98 -090, amending the employment agreement with the City Clerk. Motion (Clark/Stain) Approve Resolution No. 98 -090 Clark noted that the agreement called for a 2.5% increase, raising current salary of $49,000 to $50,225. Satin stated that this contract was the outcome of negotiations between the Clerk and the Council. Gage complimented the Clerk on his choice of excellent staff [a combination of permanent and temporary office assistance] consisting of Becky Buchanan, Penny Casserberg, and Diane Elhard. City of Seward, Alaska City Council Minutes July 27, 1998 Volume 34, Page 105 Motion passed. Yes: Blatchford, Callahan, Clark, Gage, Orr, Satin No: King Resolution No. 98 -091, accepting the $29,980.00 Municipal Matching Grant for 911 Equipment Replacement from the State of Alaska, appropriating the matching funds of $5,626 from the General Fund fund. Motion (ClarkBlatchford) Approve Resolution No. 98 -091 Janke noted that the City Council approved of this grant in the budget process, and this is one of the steps required to accept the grant. Janke noted that some of the actual equipment that will be purchased with this grant may be different than what is currently being looked at because the technology is changing and there may be improvements prior to the actual equipment purchase. There was discussion, prompted by a questions from Gage, concerning the continued routing of 911 phone calls through Soldotna prior to having a Seward dispatcher receiving the call. In response to a question from Clark, Chief Tom Walker stated that he was unsure why there is no equipment currently in place that would automatically route an emergency phone call from Seward directly back to a Seward dispatcher. He stated that he, too, would like to see emergency phone calls go directly to Seward without first having a dispatcher on the Central Peninsula initially screen the call. Motion passed. Unanimous. Resolution No. 98 -092, accepting the $10,778.00 Municipal Matching Grant for Library Parking Lot paving from the State of Alaska, appropriating the matching funds of $2,022.00 from the General Fund fund balance. Motion (Clark/Gage) Approve Resolution No. 98 -092 Janke noted that although this resolution accepts the grant, it is not authorizing the expenditure of funds. In response to a question from Clark, Janke stated that after the grant is accepted, the process now calls for going out for a paving bid. Motion passed. Unanimous. Resolution No. 98 -093, accepting the $32,274.00 Municipal Matching Grant for Campground ADA and Utility Sites from the State of Alaska, appropriating the matching funds of $6,056.00 the General Fund fund balance. Motion (Satin /Gage) Approve Resolution No. 98 -093 City of Seward, Alaska City Council Minutes July 27, 1998 Volume 34, Page 106 Janke gave an overview of the resolution. Janke noted that some current campground spaces will be improved to allow access for the disabled. The exact scope of the project will be better defined and then brought to the Council prior to bidding. Gage questioned Janke regarding correspondence from the Homer Independent Living Center. Gage noted that the campground bathrooms were not accessible to the disabled. Clark noted that he does want to see this issue come before the Council again, when the Administration has more details. Motion passed. Unanimous. Resolution No. 98 -094, authorizing the City Manager to enter into a professional service contract with Steve MacSwain, dba MacSwain Associates, to have an appraisal of fair market value performed on nine Small Boat Harbor upland properties owned by the City. Motion (Gage /Satin) To table Resolution No. 98 -094 Janke noted that MacSwain Associates was the only appraisal company which responded to the City's search for appraisals that were currently available to appraise the property in the Small Boat Harbor. Janke stated that this resolution was merely to do an appraisal, and did not authorize any sales of any properties. Clark expressed concern that these parcels were only appraised three years ago, and that the appraisal values may not have changed much. He also expressed concern that there has been no overview of the Harbor finances and that there should be a cost/benefit analysis showing whether or not it is financially sensible to sell this public property. In addition, he noted that the 1990 Seward Comprehensive Plan specifically states that the City should continue to dispose of city property through long term leases rather than outright sale. Orr suggested the administration consider asking for a letter of opinion from the appraiser instead of a full appraisal. Motion to table passed. Yes: Blatchford, Callahan, Clark, Gage, King, Satin No: Orr Resolution No. 98 -095, authorizing the City Manager to purchase four 1999 3/4 ton 4x4 extended cabs with 6ft. boxes, and one 1999 1 ton 4 wheel drive regular cab, from Cal Worthington Ford for a price of $144,072, funding to be from the Motor Pool Internal Service Fund, with an additional appropriation of $10,943 from the Harbor Enterprise Fund to the Motor Pool Fund. Motion (GageBlatchford) Approve Resolution No. 98 -095 City Engineer and Utilities Manager Dave Calvert gave an overview of the resolution. He noted that no bid was received from General Motors because they were experiencing a strike and they did not feel they could commit to a delivery date. City of Seward, Alaska City Council Minutes July 27, 1998 Volume 34, Page 107 Gage noted that she contacted a Chevy dealer and learned that they did not bid because of the City's time restrictions and the City should be aware of this. All in all though, Gage felt the process was fair and spoke in favor of the resolution. Janke explained that the City has a vehicle replacement schedule and he discussed which vehicles were being replaced, including the vehicle's make, year, and mileage. Motion passed. Yes: Blatchford, Callahan, Clark, Gage, Satin No: King, Orr Resolution No. 98 -096, authorizing the appropriation of $6,250 from the General Fund fund balance to the Police Department Special Services Account to be used for the City of Seward's share of matching funds for a grant that has been approved to finance a multi- agency anti- drug task force on the Kenai Peninsula. Motion (Clark/King) Approve Resolution No. 98 -096 Chief Tom Walker gave an overview and explained that this resolution gives approval for the City to enter into a mutual aid agreement with the other cities on the Kenai Peninsula Borough to focus on anti -drug investigations. Motion passed. Unanimous. Resolution 98 -097, awarding an electric, sewer and water rate study to Economic and Engineering Services, Inc., for an amount not to exceed $58,430. Janke requested that this item be tabled. Motion to table (Blatchford /Clark). Unanimous. Port and Commerce Advisory Board Appointments. Councilmember King explained that in the past, the Clerk distributed voting ballots and the Councilmembers would then write down the names of the applicants they supported. Following the initial vote tally, the Mayor would then nominate applicants for appointment and the Council would then confirm the Mayor's appointments. Each councilmember expressed their choice of advisory board members by writing down who they favored on a blank sheet of paper and submitting these results to the Clerk. The results of the vote was as follows: Deborah Alterman - six votes Jack Goodwill - six votes Ron Long - six votes John Flood - three votes City of Seward, Alaska City Council Minutes July 27, 1998 Volume 34, Page 108 The Mayor nominated Deborah Altermatt, Jack Goodwill and Ron Long to three year appointments to the Port and Commerce Advisory Board. Motion (Clark/Orr) To approve the Mayor's nomination of Altermatt, Goodwill, and Long to the Port and Commerce Advisory Board. Callahan suggested that the Board be increased to a ten member board to accommodate all the applicants that were interested in getting on this board. Janke noted that to change the makeup of the board from nine to ten members would take a code change. The Mayor noted that Callahan had an interesting suggestion, thanked Mr. Flood for his presentation and interest in serving, and that the Council might consider increasing the number of people who sit on this board. COUNCIL COMMENTS KING noted that when Congressman Young was in Seward, the Congressman recommended that Seward should try to keep our current federal lobbying firm. King stated that Yb�tng felt the lobbying firm provided a very good service. King congratulated the new appointments to the Port and Commerce Advisory Board and commented that he looked forward to working with them. He also thanked Mr. Flood for his interest and encouraged him to apply for an appointment in the future. ORR thanked the Harbormaster and his staff for all their assistance with the M/V Kennicott on their inaugural visit to Seward. CALLAHAN encouraged the Community to review the 1990 Seward Comprehensive Plan. He also noted that not all of the plan is being adhered to. CLARK reminded the Council that the Alaska Municipal League's Legislative Committee's will be in Seward this Thursday and Friday and encouraged other Councilmembers to get involved. GAGE expressed her condolences to the passing of Joe Lemas. She noted that the Kennicott is a beautiful boat. She disagreed that this year's July 4' festivities were acceptable, and noted that she felt that there were real problems and hopes that there will be changes for next year. BLATCHFORD appreciated hearing the report from the director of the Alaska SeaLife Center. SATIN described the events which took place when the Kennicott arrived and noted that the City will hold an official reception for their next visit on August 23. CITIZENS' COMMENTS Ron Long, Camelot, gave some comments regarding how the proposed ballot machine will work. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Janke thanked Councilmember Orr for noticing that the North Dock needed to be tidied up in preparation for the arrival of the Kennicott. City of Seward, Alaska City Council Minutes July 27, 1998 Volume 34 Page 109 ADJOURNMENT The meeting was adjourned at 10:04 p.m. Patrick Reilly City Clerk ISE — wo , � ....... f I I-- 1 93 — 1 • SEAL 1 • ti At 1 0 OF P _.�•�` 0 owell R. Satin Mayor City of Seward, Alaska City Council Minutes August 10 1998 Volume 34, Page 110 CALL TO ORDER The August 10, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Sergeant at arms, Sergeant Roger Bleth, led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell 'Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Stu Clark Marie Gage Jerry King Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Eric Wohlforth, City Attorney Patrick Reilly, City Clerk ABSENT None SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Judi Sweeney was recognized for her twenty years of service as a city employee. Mayor Satin presented Sweeney with a plaque and Councilmember Gage commented that Sweeney was a positive role model for the native community and for all of the citizens of Seward. Borough Assembly Report. None City Manager's Report. Janke reported on recent meetings with the Federal Secretary of Transportation, Rodney Slatter, and members of state and federal railroad agencies. He noted that their visit was very valuable, and he had an opportunity to discuss various city projects as they toured the Alaska SeaLife Center and other areas in community. Janke and Schrock reported that they walked downtown and visited with many of the store owners today. One idea that was discussed, was the possibility of encouraging the tour buses to City of Seward, Alaska City Council Minutes August 10 1998 Volume 34, Page 111 1 offload passengers at Fifth and Adams so that they will have a better opportunity to shop at the stores while visiting the Alaska SeaLife Center. Schrock reported that he had the opportunity to give a tour of Seward to a staffer from Senator Steven's office. He thought it was quite beneficial to the community. City Attorney's Report. Wohlforth summarized the activities which the law firm have been engaged in on behalf of the City. Other Reports, Announcements and Presentations. Mayor Satin, wearing his co -chair of Kenai Peninsula United Way hat, gave an update on recent and proposed fund raising activities. Satin noted that the United Way contributes to the Seward Life Action Council, Seward Senior Center, and the Boys and Girls Scouts. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. No comments. �7 APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/King) Motion passed. Approve the Agenda and Consent Agenda. t Unanimous. The Clerk read the following approved consent agenda items: Resolution 98 -098, approving a short term land use agreement with Cook Inlet Aquaculture Association for use of city owned KPB Tax Parcel 125- 370 -090 at Mile 6.5 on Grouse Creek for a Salmon Harvest Site; July 27, 1998, regular meeting minutes; Non - objection to renewal of liquor licenses for the Dreamland Bowl and Gateway Liquor. PUBLIC HEARINGS Ordinance No. 98 -07, amending Land Use Plan and Zoning Designation of Lots 1 -20, Block 23, Original Townsite of Seward to Office Residential. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Motion (Clark/King) Approve Ordinance No. 98 -07. City of Seward, Alaska City Council Minutes August 10, 1998 Volume 34 Page 112 Planning Director Kerry Martin gave the administrative overview. Martin described the surrounding land use and zoning and the justification for the proposed zoning change from Urban Residential to Office Residential. Motion passed. Unanimous. Ordinance No. 98 -08, amending Seward City Code, Chapter 4.05, to authorize the use of ballot counting systems approved for use in State of Alaska and Kenai Peninsula Borough elections. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared in order to be heard, and the public hearing was closed. Motion (Orr /Clark) Approve Ordinance No. 98 -08. Clerk Reilly gave an overview and demonstrated the proposed new ballot counting system. Motion passed. YES: Clark, Gage, King, Orr, Satin NO: Blatchford, Callahan Resolution No. 98 -099, submitting a proposition to the voters which shall amend Seward City Code 5.35.035, imposition of a sales tax, by amending the sales tax rate from 3% to 4 %. Motion (Clark/Orr) Approve Resolution No. 98 -099. The City Manager gave an overview and explained that this resolution was an advisory vote only. He noted that he received a legal opinion that stated the city charter and city code suggested that the sales tax vote be advisory rather than binding. Janke thought that it might also be appropriate to decrease the bed tax from 4% to 3 %. This bed tax decrease could help garner community support for the increase in sales tax and there would still be a net increase in sales tax revenue. In response to a question from Gage, Janke and Finance Director Gifford responded that I% of the city sales tax goes to pay the debt service on the hospital bonds and to pay former hospital employees public employment retirement system liability. Orr stated that he appreciated Janke's intentions by suggesting lowering the lodging tax, but he would rather keep the sales tax and lodging tax issues separate. Motion (Clark/Satin) Amendment failed. Amend to ask for an advisory vote to reduce the bed tax from 4% to 3%. YES: Callahan, Clark, King NO: Blatchford, Gage, Orr, Satin City of Seward, Alaska City Council Minutes August 10, 1998 Volume 34, Page 113 t J In response to a question from Callahan, City Attorney Wohlforth advised that delegating the imposition of a sales tax to the public is not appropriate under the current city charter. Janke noted that there is not much money to fix things, or for capital construction costs, and the sales tax is a way to spread the tax burden to the 200,000 plus visitors and not rely so much on the 3,000 residents of Seward. Motion passed. YES: Blatchford, Callahan, Clark, Orr, Satin NO: Gage, King Resolution No. 98 -100, submitting a proposition to the voters which shall amend the Seward City Charter, Section 6.1, fiscal year, to allow for the fiscal year of the city to be set by City Code. Motion (Clark/Orr) Approve Resolution No. 98 -100. Janke noted that the construction season overlaps the fiscal year and it is often difficult to close out the financial books during the summer months. He also thought that residents would be more apt to participate in a fall budget discussion rather than in a spring budget discussion. Residents are often too busy in the spring getting geared up for a busy summer. Motion (Clark/Blatchford) Amendment passed. Amend to combine Resolution No. 98 -101 with this resolution, and change the word- ing to state the budget will be presented to the Council 45 days prior to the end of the fiscal year. Unanimous. Resolution No. 98 -101, submitting a proposition to the voters which shall amend the Seward City Charter, Section 6.2, to require that the budget be presented to the Council during or prior to the third week of the second to the last month of a fiscal year. Motion (Clark/Callahan) Motion passed. Table Resolution No. 98 -101. Unanimous. Resolution No. 98 -102, submitting a proposition to the voters which shall amend the Seward City Charter, Section 6.6, independent audit, requiring completion of the annual audit within one hundred and twenty days, instead of the current ninety day completion requirement. Motion (Blatchford /Clark) Approve Resolution No. 98 -102. City of Seward, Alaska City Council Minutes August 10, 1998 Volume 34 Page 114 Janke and Gifford explained that approval ofthis resolution will allow the Administration the flexibility to negotiate with accounting firms. Motion passed. Unanimous. COUNCIL COMMENTS KING congratulated Judi Sweeney for her 20 years of service to the City. He also mentioned a recent article in the New York Times which reviewed Seward in a very favorable light. BLATCHFORD noted that while he was in D.C. last week on business, he had an opportunity to visit an aviation museum. The museum noted that Seward was one of the stop -overs for the first around the world plane trip. Blatchford noted that Seward continues to this day to be a transporta- tion hub. GAGE stated that the recent rodeo was great and thanked those who helped bring this group to town. CLARK thanked all those who helped organize and volunteered for this year's Seward Silver Salmon Derby. SATIN also mentioned the front page article in the New York Times Travel section. He noted that the Secretary of Transportation and the Federal Railroad Administration were real impressed with Seward. CITIZENS' COMMENTS None. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned at 9:20 p.m. Patrick Reil������� / City CI�1 OF SEAk - **r� f D4& 40 Lowell R. atin Mayor • = SEAL = • ey,_ OF A P City of Seward, Alaska City Council Minutes August 24 1998 Volume 34, Page 115 I CALL TO ORDER The August 24, 1998, regular 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 to the flag was recited. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Stu Clark Marie Gage Jerry King Nathan Orr comprising a quorum of the Council; and Tylan Schrock, Assistant City Manager Rick Gifford, Finance Director Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Matthew Faust and Jesse Gifford each received a proclamation in recognition of their attainment of Eagle Scout with the Boy Scouts of America. Borough Assembly Report. None. City Manager's Report. Schrock introduced C.J. Zane, one of the City of Seward's Washington D.C. lobbyists. Mr. Zane updated the Council on the lobbying efforts pertaining to the multi - agency facility, expansion of the Seward dock, research funding for the Alaska SeaLife Center, and the prospects of attaining flood mitigation funding. Mr. Zane noted that Seward is aggressive and forward thinking in where it wants to be in five to ten years. Schrock noted that the City took over the City parking contract the afternoon of August 20, and will administer the contract until the end of the season. City Attorney's Report. None. City of Seward, Alaska City Council Minutes August 24, 1998 Volume 34, Page 116 Other Reports, Announcements and Presentations. Received a presentation on the upcoming Alaska spill of national significance (SONS) drill from Garry Willis, Manager of Prince William Sound response for British Petroleum; Captain William Hutmacher, United States Coast Guard; Brad Hahn, State on Scene Coordinator for Department of Conservation; and Dennis Lodge, Seward Regional Citizen Advisory Committee. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. JIM COLEMAN, 609 4th Avenue, Box 2411, Seward, expressed concern about the way the parking contract operates. Coleman was particularly concerned that there is little documentation to verify the amount of money being collected by the parking attendants. GENE BRADLEY, speaking on behalf of the New Seward Hotel, requested that the City look into correcting the City Code so that there is a legal system in place to protect her business from the loud music which comes from the bar across the street. JE%4 COLEMAN, 609 4th Avenue, Box 2411, Seward, spoke in favor ofResolution 98 -103, and suggested that some money should be applied to police protection in the harbor area. Coleman suggested that the police officers be more visible and available to the public, and that this could be accomplished with foot or bike patrols. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/King) Approve the Agenda and Consent Agenda. Motion Passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 98 -103, requesting Safe Communities Funding from the Department of Community and Regional Affairs. August 10, 1998, meeting minutes. NEW BUSINESS Introduction of Ordinance 98 -09, amending Seward City Code §15.10.140, definitions, and §15.10.225, land uses allowed. Motion (Clark/King) Introduce Ordinance 98 -09. Planning Director Kerry Martin gave an administrative overview. In response to a question from Blatchford, Martin stated that the Seward Trading Building was a commercial building with apartments (a mix of residential and commercial use.) City of Seward, Alaska City Council Minutes August 24, 1998 Volume 34, Page 117 ' Satin suggested that the wording in Section 4 (E)(2) be amended to make it clear that livestock fencing is to be at least five feet from a property line. Clark and Satin raised issues concerning communication towers, such as one station bleeding over to another, and electromagnetic interference. Martin noted that there were Federal Communication Rules that apply to personal satellite dishes and communication towers. Martin noted that he would try to address some of the concerns raised by Clark and Satin prior to the next council meeting. Motion Passed. Unanimous. July 4 administration update and council discussion of issues. Schrock thanked the Council for allowing the Administration to take a methodical approach rather than a knee jerk reaction concerning July 4 weekend issues. Schrock noted that July 4 issues are being addressed at each of the weekly staff meetings. The staff are identifying the problems and potential solutions. One goal will be to reduce the density in the campground. Parks and Recreation department is drafting a site plan, which will include fire lanes which can be used to access the area in the event there is a need for crowd control. A second goal will be to implement a pre- registration system. A third goal will be to increase fees for this weekend to help offset the increased costs associated with this period. A fourth goal is to consider a no parking area along one or both sides of Ballaine Blvd. A fifth goal is to review city ordinances pertaining to open container laws applicable to alcoholic beverages and to encourage the private sector to build additional private campgrounds. The Council received reports from Karin Sturdy, Parks and Recreation Director, Kerry Martin, Community Planning Director, and Tom Walker, Police Chief. Sturdy's report focused on the proposed changes in campground sites. Martin's report emphasized the need for certain city ordinance changes to encourage the development of private campgrounds. Walker's report focused on the behavior stemming from the excessive alcohol consumption and said that he is soliciting sample ordinances from around the state which might assist him in targeting irresponsible drinkers. Schrock stated that he was looking for direction from the Council as to whether the Administration should proceed forward in the current direction and take the next step by hiring an architect to design campground spaces. Councilmembers generally felt that the Administration was going in the right direction but should consider alternatives to hiring an architect in order to develop a campground site plan. Gage suggested that there are a number of talented local residents, including Spring Creek inmates, that would enjoy working on developing a campground site plan. Informational items and reports. Blatchford noted that he is looking for direction from the Administration concerning how to deal with noise complaints in the downtown area. He noted that during his years in Juneau, noise complaints were common there. He felt noise complaints in the Seward downtown area will continue to increase unless a solution is found. Callahan wondered if there could be increased sound proofing required to shield the noise emanating from the local bars. COUNCIL COMMENTS City of Seward, Alaska City Council Minutes August 24, 1998 Volume 34, Page 118 CLARK complimented the builder of the M/V Kennicott. Clark also complimented Gifford and Faust for achieving Eagle Scout status and noted that he also attained this status many years ago. KING thanked Jim Coleman for his comments about the need for internal financials controls concerning the Seward parking contract. He sympathized with Ms. Bradley and thought that there may be a need to lower the allowable noise decibel level. King hoped that the police department will be sure to patrol the streets and bar closing time so that the patrons do not stand around talking loudly and waking up sleeping hotel guests. King expressed some concern about limiting the parking on the West side of Ballaine Blvd. because it could effect residents. He also congratulated Gifford and Faust on their Eagle Scout achievement. BLATCHFORD reminded folks to vote in tomorrow's primary. GAGE noted that her grandfather built the first Kennicott and that it was nice to see the new MN Kennicott in Seward. She also noted that cashier Jeanne Allen is always very cheerful and this really helps when citizens are contacting the City. Gage also mentioned that her son, Robbie, is in the Persian Gulf at this time and she asked the community to keep him in their prayers. SATIN noted that the MN Kennicott had a full load of passengers and vehicles for their trip to Southeast. He thanked the police department for their swift arrest in controlling a recent outbreak of unlawful graffiti. CITIZENS' COMMENTS JIM COLEMAN, 609 4th Avenue, Seward, suggested using police bike patrols around July 4, particularly since it might be a quicker way to get around traffic and it would increase contact with the public. DENNIS LODGE, Camelot, suggested that the City consider working with the National Guard or the Military Police to help control bad behavior during the July 4 weekend. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS ORR thought the use of Military Police during the July 4 weekend was a very good idea and that the City should contact the Army / Air Force Recreation camp about this possibility. ADJOURNMENT The meeting was adjourned at 10:20 p.m. 1 1 t City of Seward, Alaska City Council Minutes August 24, 1998 Volume 34 Page 119 Patrick Reilly City Cl`j "' ° ® rrAZ r OF a�` t .� , SEAL •: °. � F • f � OF A1►P.a• Lowell R. Satin Mayor City of Seward, Alaska City Council Minutes September 14, 1998 Volume 34, Page 120 CALL TO ORDER The September 14, 1998, regular 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 to the flag was recited. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Stu Clark Jerry King Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Rick Gifford, Finance Director Patrick Reilly, City Clerk ABSENT Marie Gage - excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Larry Kincheloe, Superintendent of Spring Creek Maximum Security Prison, was recognized for his years of service to Spring Creek and the Seward Community. Mayor Satin read a proclamation which will be presented to Mr. Kincheloe at his upcoming retirement party. Borough Assembly Report. Assemblymember Pat O'Brien thanked Mayor Satin, Port and Commerce Advisory Board Chairman Ron Long, City Manager Scott Janke and Assistant City Manager Tylan Schrock for their time and effort in traveling to Homer for an Assembly meeting to support a joint resolution supporting the home - porting of the Marine Vessel Kennicott in Homer and Seward. O'Brien noted that the Borough is currently going through a classification of lands and the public was encouraged to give their input on the Kenai Area Plan at the Seward High School on Wednesday, September 16. City of Seward, Alaska City Council Minutes September 14, 1998 Volume 34, Page 121 ' The Assemblymember strongly encouraged those who are interested in Ordinance 98 -47, the formation of a proposed Bear Creek Advisory Planning Commission, should attend the September 15 Assembly meeting in Kenai. O'Brien noted that the Assembly was moving forward with their assistance on flood mitigation issues with the introduction of Ordinance 98 -55, an ordinance to address Resurrection River flooding issues. O'Brien expressed his opposition to a borough resolution supporting the Borough spending $315,000 to purchase land for the proposed volcano research center near Ninilchik. City Manager's Report. City Manager Scott Janke thanked Assemblymember O'Brien for his assistance with the Kennicott resolution that he referred to in his report. Janke noted that he had an opportunity to travel to Fairbanks to meet with the new University of Alaska President. Janke felt that it was a good opportunity to promote the University of Alaska Fairbanks, Seward Campus, marine research facilities. It was noted that the School Board will meet in Seward on October 5 and the public was encouraged to attend and participate. Janke also noted that Borough Mayor Mike Navarre would be speaking at the Seward Chamber luncheon on Friday, September 18. There were some concerns expressed recently to Janke regarding the increase of vandalism in the harbor area, and once this was brought to his attention, Janke stated he passed this information ' on to the police department. Janke noted that the Administration will soon present to the Council a proposed state legislative priority list for their review and approval. Janke was pleased to mention that he recently learned that his grandfather surveyed portions of Seward in 1916. City Attorney's Report. None. Other Reports, Announcements and Presentations. United States Navy Commander Paul Hill, United States Navy Logistics Officer Linda Zinnikas, and United States Navy Exercise Planner Jim Plosay gave a briefing on Northern Edge 99. Northern Edge 99 is a planned military exercise to take place in Seward in March of 1999. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Dennis Lodge, 423 Lancelot Drive, Camelot, Seward Representative to the Prince William Sound Regional Citizens Advisory Council ( PWSRCAC), introduced PWSRCAC Executive Director John Devins, President and Valdez Representative Stan Stephens, Secretary and Whittier Representative Marilynn Heddell, Deputy Director Lynda Hyce and Community Liaison Leann Ferry. Mr. Stephens updated the council on their current board meeting which was taking place in Seward. The board asked for a letter from the council which would support the RCAC's concern about the use of chemical dispersants as a first line of attack to clean up oil spills. City of Seward, Alaska City Council Minutes September 14, 1998 Volume 34, Page 122 Carl Norman, Bear Lake Rd., owner of Harbor Dinner Club located at 220 5th Ave. Norman spoke in favor of drafting a more definitive noise ordinance. Norman stated that he would like to see an ordinance which is more objective, an ordinance which would be applied to everyone in a fair manner. Bruce Sieminski, 213 Benson Drive, hoped that everyone would vote no on the sales tax proposition. Sieminski noted that residents already pay a lot in taxes, particularly when one considers the tax on their rent and utilities. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/King) Approve the Agenda and Consent Agenda. Without objection, it was decided to add to the agenda, under other new business, a discussion on the use of dispersants as an oil spill cleaning agent in response to comments received earlier in the evening from the PWSRCAC board. Motion Passed Unanimous. The Clerk read the following approved consent agenda items: Resolution No. 98 -105, adopting a policy on fair housing in conformance with Title VIII of the 1968 Civil Rights Act; Resolution No. 98 -110, transferring the AML /J1A dividend from the General Fund undesignated fund balance to the General Fund fund balance designated for insurance reserves; Resolution No. 98 -111, endorsing and requesting grant funding for, in priority order, 1) Fire Department Fire Hose Replacement, and 2) Curb Cuts for ADA Compliance and Sidewalk, Curb, and Gutter Construction; Non - objection to a Restaurant Designation Application and Liquor License Transfer for Legends ofthe Mountain and non - objection to Liquor License Transfer for Gateway Liquor and Food Mart; Approval of the August 24, 1998, city council meeting minutes. PUBLIC HEARINGS Ordinance No. 98 -09, amending Seward City Code 15.10.140, definitions, and 15.10.225, land uses allowed. Notice of public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared to be heard, and the public hearing was closed. Planning Director Kerry Martin gave an administrative overview. Motion (King /Clark) Adopt Ordinance No. 98 -09. City of Seward, Alaska City Council Minutes September 14, 1998 Volume 34, Page 123 Motion passed. Unanimous. Resolution No. 98 -104, approving an agreement with Peninsula Communications, Inc., for joint use of the City's satellite receiving dish, equipment shelter and tower located on Lots 9, 10, and 11, Block 16, Original Townsite of Seward, for FM Radio receiving and transmitting. Notice of public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared to be heard, and the public hearing was closed. Motion (Clark/King) Approve Resolution No. 98 -104 In response to a question from Orr, Janke noted he and Mayor Satin met with Tye Long, a member of Puffin Public Broadcasting, and addressed any potential concerns that the local public radio group might have expressed regarding the placement of an additional satellite dish on the radio tower. Motion passed. Unanimous. NEW BUSINESS Introduction of Ordinance No. 98 -10, recognizing local commitment to the ongoing maintenance of flood mitigation measures and establishing a fund for continuing flood mitigation and maintaining improvements. Motion (Clark/Orr) Introduce Ordinance No. 98 -10 and set for a September 28 public hearing. Assistant City Manager Schrock gave an administrative overview. He noted that this item is here as an ordinance instead of as a resolution at the request of the Federal Emergency Management Agency. Although the ordinance does not commit future councils, Schrock noted that the projected maintenance cost is estimated at $30,000 per year and there is currently a borough resolution allocating $20,000 per year for borough flood mitigation issues that the Administration hopes will be used for yearly Resurrection River flood mitigation. Motion passed. Unanimous. Resolution No. 98 -106, approving amendments to the FY 1999 budget to transfer 1995 flood excess FEMA monies to the Mayor /Council budget in the General Fund for the Federal Lobbying Program. Motion (Orr /Clark) Approve Resolution No. 98 -106. Janke gave an administration report and which discussed how $35,000 in savings have been identified and is interested in moving this money into an account to be used for federal lobbying. City of Seward, Alaska City Council Minutes Member 14, 1998 Volume 34, Page 124 Satin said that it was wise to extend our Washington representation to take advantage of our current congressional clout. Motion passed. Unanimous. Resolution No. 98 -107, approving state revenue sharing monies for the health facilities within the City of Seward. Motion (Clark/Orr) Approve Resolution No. 98 -107. Gifford gave an administrative overview. King noted that he understood that if another agency, such as the Seward Volunteer Ambulance Corps (SVAC), was interested in a portion of this money it would have to come from one of the existing agencies that have historically received these funds. He noted that there would be no additional dollars, but rather the same dollars getting divided between more agencies. Janke said that it would make more sense to assist S VAC in applying for grants. Grant money represents additional new dollars into the community. Motion passed. Unanimous. Resolution No. 98 -108, supporting the Kenai Peninsula Borough appropriating $315,000 from their Land Trust Fund for the purchase of the North Pacific Volcano Learning Center site. Motion (Orr /Callahan) Approve Resolution No. 98 -108. Orr stated that he thought the North Pacific Volcano Learning Center was an excellent idea and he has supported it in the past, and continues to support it, but he did not support spending this money to purchase land. He also wanted to support Assemblymember O'Brien on this issue. King thought that this was a good use of borough funds and that it would promote educational activities in the Kenai Peninsula Borough. He also thought that supporting this proposal could help Seward get flood mitigation money from the Borough. Janke noted that the Assembly views the spending of this money as an investment opportunity. Janke also thought that Seward's political support of this resolution might encourage the Borough to assist Seward with some of our projects, such as our harbor needs. Amendment (Clark/Satin) Amendment failed. Main Motion failed. To require the land to remain in the owner- ship of the Kenai Peninsula Borough. Yes: Blatchford, Clark, Satin No: Callahan, King, Orr Absent: Gage Yes: Blatchford, King, Satin No: Callahan, Clark, Orr Absent: Gage City of Seward, Alaska City Council Minutes September 14, 1998 Volume 34, Page 125 1 Resolution No. 98 -109, approving amendments to the FY 1999 legal budget and appropriating funds. Motion (Clark/Satin) Approve Resolution No. 98 -109. Gifford explained that this resolution essentially appropriates additional legal fees due to the termination of the parking contract. Motion passed. Other New Business Unanimous. Jim Pruitt proposal to lease additional city property adjoining the existing Jim Pruitt (Gateway Texaco) Lease No. 84 -043. The Council allowed Mr. Jim Pruitt an opportunity to explain his proposal. Pruitt noted that his service station was built eleven years ago and its space requirements have outgrown its surroundings. During these years he doubled the size of his convenience store and now plans to move the service islands north and would like the additional land to accomplish this. In response to a question from Orr, Pruitt said that although he has time constraints, there is still time to refer the issue to the Planning and Zoning Commission for their input. Motion (Blatchford /Orr) Administration should hold discussions with Jim Pruitt regarding a lease and then forward their recommendation to the Plan- ning and Zoning Board for their input. Motion passed. Unanimous. Regarding the use of chemical dispersants as an oil spill cleanup agent. King felt comfortable moving forward with a letter to the appropriate agencies with a recommendation based on the comments made earlier this evening by the PWSRCAC board members. King stated that he trusted Mr. Lodge on this issue. Clark noted that quite frequently we are only given one side of a story and there may be a need to hear the other side. Satin noted that he had a concern about the wide scale use of dispersants. Callahan expressed an interest in knowing more about the use of chemical dispersants. It was agreed that a letter would be sent identifying the Council's concerns regarding the use of chemical dispersants as the primary means of initially confronting an oil spill. COUNCIL COMMENTS Clark noted that he was glad to return from an east coast vacation and he was surprised to read about all the rain we had while he was gone. City of Seward, Alaska City Council Minutes September 14, 1998 Volume 34, Page 126 King noted that the appointed officials will be getting evaluated and they should not look for, or expect, a raise. CITIZENS' COMMENTS Bruce Sieminski, 213 Benson Drive, surprised there was no support for the North Pacific Volcano Learning Center and advised that the Council should take this issue up again tonight before it adjourns. Patrick Sterling, Seward Boat Harbor, believed that the North Pacific Volcano Learning Center would not be a detraction to anything in Seward, would not cost anything to Seward, and the Council should have supported it. Jim Beckham, speaking as a private citizen, stated that he differed with Dennis Lodge and the PWSRCAC view concerning the use of chemical dispersants to clean oil spills. Beckham noted that oil is far less toxic than people think and he does not fear the use of dispersants and urged the council to use caution with regards to this topic. Jim Pruitt, Maple St., was pleased to announce that the Marine Vessel Bartlett will get an overall in Seward this year, and that the Marine Vessel Tustemena will also spend time in the Seward Marine Industrial Center this winter. He urged the Council to review their electric utility rates and to consider the rates that Ketchikan charges. If Seward charged similarly to Ketchikan, then Seward might encourage work which would not otherwise come here. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Clark noted that tonight's action regarding the use of chemical dispersants is not a removal of support of the use of dispersants, but rather a request for additional information and raising some questions. Blatchford stated that he wanted to make sure to remind people that Seward still supports the North Pacific Volcano Learning Center and this is expressed in Resolution 97 -078. Orr stated that he felt it was important to give credence to O'Brien's view since he is our borough representative. ADJOURNMENT The meeting was adjourned at 10:58 p.m. Patrick �F S City . (CitfSed) ~#; 0h 1 « w owell R. Satm Mayor City of Seward, Alaska Citv Council Minutes September 28, 1998 Volume 34, Page 127 I CALL TO ORDER The September 28, 1998, special meeting of the Seward City Council was called to order at 6:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY The pledge of allegiance to the flag was waived. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Stu Clark Patrick Callahan Jerry King Nathan Orr comprising a quorum of the Council; and Patrick Reilly, City Clerk ABSENT: Edgar Blatchford - excused Marie Gage - excused APPROVAL OF SPECIAL MEETING AGENDA MOTION (Clark/King) Approve the Special Meeting Agenda. Motion Passed. Unanimous. MOTION (Clerk/King) To go into executive session with the city clerk to evaluate his performance. Motion passed. Unanimous. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None. City of Seward, Alaska City Council Minutes September 28 1998 Volume 34, Page 128 ADJOURNMENT The meeting was adjourned at 6:25 p.m. if � Patrick Reilly City Clerk nui (Cit �.�''�pF SEyy'f•� 0 ob Satin Mayor SEAL J* r••'•• 1! ' •'••� ,, City of Seward, Alaska City Council Minutes September 28 1998 Volume 34, Page 129 1 CALL TO ORDER The September 28, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Police Chief Tom Walker led the pledge of allegiance to the flag. ROLL CALL There were present: J Lowell 'Bob" Satin, presiding, and Edgar Blatchford Stu Clark Jerry King comprising a quorum of the Council; and Patrick Callahan (arrived 7:55 p.m.) Marie Gage Nathan Orr Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Borough Assembly Report. J City Manager's Report. City Manager Scott Janke gave an overview of proposition one, the advisory sales tax proposition, and Finance Director Rick Gifford gave an overview of proposition two and three, pertaining to amending charter sections 6.1, 6.2, and 6.6 (pertaining to the annual audit report and the fiscal year). Janke noted that recommended changes to the budget will be based on the outcome of the upcoming town meetings and he encouraged the public to attend and participate. City Attorney's Report. Attorney Brad Meyen summarized legal activities the law firm performed during the last month. The firm reviewed legal issues pertaining to two lawsuits involving the Alaska SeaLife Center, a bankruptcy involving Four Seasons Boat Service and the City as a lessee, the termination of the parking services contract and wharfage tariff issues. City of Seward, Alaska City Council Minutes September 28, 1998 Volume 34, Page 130 Other Reports, Announcements and Presentations. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. David Dieckgraeff, 222 North Star Circle, Seward Site Council President, gave an overview of school issues, reminded the Council that the School Board will meet in Seward on October 5, and introduced the Grade School and High School Principals. Robert Boyle, Hemlock Circle, Old Mill Subdivision, Seward Grade School Principal gave an overview of grade school issues and responded to council questions. Boyle noted that the Seward children are doing above average in both math and reading testing, compared to both the national and district averages. Malcolm Fleming, 414 Second Ave, Seward High School Principal, gave an overview of high school issues and responded to council questions. Fleming thanked the City Electric Department employees for volunteering their time to light the football/soccer field. In addition, G.T.E. also helped and there will soon be the capability to broadcast sports games from the field. Fleming reminded the Council that the Seward Site Council meets the second Thursday of each month at 7:00 p.m. at the elementary school. Jim Coltman, 609 Fourth Avenue, Box 2411, Seward, expressed concern regarding lawsuits and stated that the City cannot afford to fund lawsuits. Coltman inquired whether or not the City Staff checks with the City Attorney prior to making decisions. Collman said that someone should be held accountable for the litigation which the City finds itself in. He wondered if litigation is going to threaten the Alaska SeaLife Center. Randy McFarland, Mile 6.5, Seward Highway, stated that he was overwhelmed with shame over recent events. He stated that he was troubled that the City started litigation against him pertaining to his parking contract with the City. Bruce Sieminski, Benson Drive, Seward, encouraged the public to vote against the upcoming sales tax advisory vote. Ron Long, Camelot, Port and Commerce Advisory Board President, updated the Council on the Board's research into obtaining a Federal Trade Zone for the Seward Port. Jim Collman, 609 Fourth Avenue, spoke regarding the Gateway Texaco expansion as proposed by Jim Pruitt, referred to a letter on harbor issues which he distributed to council, and about Resolution 98 -116, the electric meter reading contract. With regards to the meter reader contract, Coltman questioned whether the Harbor has the right to charge an additional fee to provide electricity to harbor slips. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/King) Approve the Agenda and Consent Agenda. Clark, noted that at the September 14 meeting the Council did not direct the Administration to ne og_tiate with Jim Pruitt for a lease amendment to his Gateway Texaco Lease, but rather, to discuss with Jim Pruitt a lease amendment prior to sending issue to the Planning and Zoning Commission for their recommendation. The Clerk noted that the minutes would be changed to reflect this understanding. City of Seward, Alaska City Council Minutes September 28 1998 Volume 34, Page 131 t 1 t MOTION Hold an executive session following the regular city council meeting to receive legal advise from, and give direction to, the City Attorney on litigation matters, or threat- ened litigation matters, which pertain to the City. 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 No. 98 -114, authorizing the City Manager to execute Amendment No. 2 of the contract with USA Waste Services, Inc. extending the term of the contract for one year. The September 14, 1998, meeting minutes were approved as amended. Linda E. Sewall, Claudia L. Towsley, Sandra P. Wassilie, and Sara N. Watsjold were appointed to the Canvass Board for the October 6, 1998, Regular Municipal Election. PUBLIC HEARINGS Ordinance No. 98 -10, recognizing local commitment to the ongoing maintenance of flood mitigation measures and establishing a fund for continuing flood mitigation and maintaining improvements. Notice of public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared to be heard, and the public hearing was closed. Motion (CLARKIKING) Adopt Ordinance 98 -10. Schrock gave the administrative overview. Schrock suggested a change to the effective date, he expressed concern that tying the effective date in with the passage of a Kenai Peninsula Borough Ordinance would complicate matters and preferred a straight - forward effective date following passage and posting. Amendment (Clark/King) Amendment passed. Motion passed. Amend section seven to require an effective date ten days following passage and post- ing. Unanimous. Unanimous. City of Seward, Alaska City Council Minutes September 28, 1998 Volume 34 Page 132 Resolution 98 -112, authorizing the modification of a lease of certain lands within Block 6, Fourth of July Preliminary Plat, KPB No. 93 -087, Seward Marine Industrial Center to Glacier Communications, Inc. to allow the lease of additional property. Notice of public hearing being posted and published as required by law was noted, and the public hearing was opened. Ron Irwin, Box 650, Seward, thanked the Council and Administration for their assistance in their ability to lease the Seward Marine Industrial Center location for their radio tower. Irwin stated that he was excited to bring a local radio station back to Seward. In response to a question from Blatchford, Irwin responded that he was coming to Seward because he enjoys working small radio stations and that he is looking forward to being an owner /manager that cares about the community. Callahan inquired about the lease area required, these questions prompted Fred Dunham, of Spokane, Washington, to respond that the City was requiring the radio station to lease a lot more footage than was necessary and this will increase the station's tax and insurance burden. Jim Collman, 609 Fourth Avenue, Box 2411, stated that he was informed that there may be space available for Marine CH -16 on the tower and that the boat owner's association would support this resolution. Ron Long, Camelot, noted that there is little development at this location and that it is in the community interest to support a local radio station. No one else appeared to be heard, and the public hearing was closed. In response to a question from Satin, Planning Director Kerry Martin explained the reasoning for the suggested square footage lease requirements. Martin drew a map for the Council and responded to questions about the location. Motion (Clark/King) Approve Resolution 98 -112. Amendment (Clark/Orr) Amend the lease to the minimum square footage allowed to meet setback require- ments. Callahan and Gage both spoke against this lease amendment, stating a preference to follow the Administration's recommended lease requirements. Amendment passed. Yes: Blatchford, Clark, King, Orr, Satin No: Callahan, Gage Motion passed. Yes: Blatchford, Clark, King, Orr, Satin No: Callahan, Gage City of Seward, Alaska City Council Minutes September 28, 1998 Volume 34, Page 133 1 1 L] NEW BUSINESS Resolution 98 -113, accepting a Rural Community Fire Protection Grant (RCFP) in the amount of $5,000, and appropriating the RCFP grant fund and appropriating a matching amount of $5,000 for a total of expenditure of $10,000. Motion (Clark/Blatchford) Approve Resolution 98 -113 Janke gave the administrative overview, and noted that there were no new appropriations in this resolution. In order to receive this grant, the City was required to contribute some funds and these funds came from existing line items previously approved in the budget. Acting Fire Chief David Squires responded to council questions and explained why there is a need for a field laptop computer. Motion passed. Unanimous. Resolution 98 -115, authorizing the City Manager to enter into a contract with Afognak Logging to provide snow plowing and sanding services during the 1998 -99 winter season for specific sections of Nash Road, the SMIC area and Lowell Point Road. Motion (Clark/King) Approve Resolution 98 -115. City Engineer Dave Calvert gave the administrative overview. Motion passed. Unanimous. Resolution 98 -116, authorizing the City Manager to enter into a contract for the reading of electrical meters within the Seward Electrical Service Area with Derrald J. Hilderbrand. Motion (Clark/Callahan) Approve Resolution 98 -116. Finance Director Rick Gifford gave the administrative overview. Gifford noted that this was a three year contract with options to extend for an additional two years. In response to a question from Blatchford, Gifford stated that there were about 2,180 meters to mile 25. And in response to a question from Gage, Gifford confirmed that this matter did have a notice requesting proposals advertised in the Seward Phoenix Log. Janke and Calvert explained how the harbor electrical distribution system is organized, noting that the harbor system is a secondary system beyond the meter and the meters at the slips are read by the harbor. Calvert noted that city ordinance allows the Harbor Department to resell electricity at a retail rate to the harbor users. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes September 28, 1998 Volume 34, Page 134 COUNCIL COMMENTS Orr encouraged people to attend the town meetings. Clark stated that the Alaska SeaLife Center is one of nine eco- learning centers which will study the coastline of the United States. He complimented the schools for their achievements, he was particularly pleased to hear the report from the grade school. Clark urged everyone to attend the town meetings. Gage noted that her son Robbie, who is in the military, is doing fine in Saudi Arabia. She complimented Correctional Officer Kevin Towsley, a "home -town boy ", for his excellent work as a jailer. King encouraged everyone to vote at the upcoming municipal election. Blatchford noted it was exciting to have a local radio station coming to Seward, and that this was bucking the national trend. He encouraged folks to attend the town meetings and to vote at the upcoming municipal election. Satin referred to a recent article about Seward in the Herald Tribune. He discussed a three day "Gateway Cities Conference" which he attended in Tacoma, Washington. The conference had many city mayors and national park service directors in attendance. He thanked the electrical workers (lineman) for volunteering their time to light the new high school field. And he announced that he will, once again, start meeting with constituents at the library on Wednesdays from 5:30 -7:00 p.m. CITIZENS' COMMENTS Jim Collman, 609 Fourth Avenue, Box 2411, Seward, stated that the existing proposal from Gateway Texaco would call for the loss of 35 -40 parking spots in the harbor area. Bruce Sieminski, Benson Drive, Seward, urged the public to vote against the advisory sales tax issue which will appear on the ballot. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS In response to public comments made by Sieminski, Janke and Gifford explained how one percent of the city sales taxes are currently used to pay bonds on the medical center, to pay down the public employees retirement system obligations, and to have money available for a hospital replacement fund. Satin assured Collman that the Gateway Texaco proposal, and its impact on the harbor area, will be looked at carefully and that he shared some of Collman's concerns. King let Collman know that the Gateway Texaco issue will be before the Planning and Zoning Commission and that there will be an opportunity to give public input there, too. City of Seward, Alaska City Council Minutes September 28 1998 Volume 34, Page 135 F---J ADJOURNMENT The meeting was adjourned at 10:15 p.m. Patrick Reilly City Clerk (City SK 6 F SEk" *e . = SEAL A* ,ryi + ►,q� OF A t t " L - a owell R. Satin Mayor City of Seward, Alaska October 12, 1998 CALL TO ORDER City Council Minutes Volume 34, Page 136 The October 12, 1998, special meeting of the Seward City Council was called to order at 6:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY The pledge of allegiance to the flag was waived. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Stu Clark Marie Gage Jerry King Nathan Orr comprising a quorum of the Council; and Brad Meyen, City Attorney Eric Wohlforth, City Attorney ABSENT were: None APPROVAL OF SPECIAL MEETING AGENDA MOTION (Clark/King) Approve the Special Meeting Agenda. Motion Passed. Unanimous. MOTION (Clerk/King) Hold executive session immediately following adjournment with the city attorneys to evaluate their performance. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None. n Citv of'Seward, Alaska Citv Council Minutes October 12, 1998 [Inhume 34, Pa ,, 137 ADJOURNMENT The meeting was adjourned at 6:35 p.m. ��Z7u+�lC Patrick Reilly City Clerk (City Seal) t S EAL oF O obatin Mayor City of Seward, Alaska City Council Minutes October 12, 1998 Volume 34 Page 138 CALL TO ORDER The October 12, 1998, regular meeting ofthe Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY The pledge of allegiance to the flag was recited. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Stu Clark Marie Gage Jerry King Nathan Orr comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Eric Wohlforth and Brad Meyen, City Attorneys Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Wayne Carpenter was recognized for his years of service on the Planning and Zoning Commission. Carpenter served on the Commission from September 1990 to September 1998, and as chairman from June 1997 to September 1998. Borough Assembly Report. Pat O'Brien thanked Stu Clark for his service on the Council and congratulated Edgar Blatchford and Jerry King on being re- elected and congratulated Vanta Shafer on her election to the Council. O'Brien noted that Paul Fisher and Pete Sprague were elected to the Assembly and that Jack Brown was re- elected. O'Brien reported that he has been working with both the City Administration and Borough Economic Development District regarding the possibility of creating a federal trade zone in Seward. City Manager's Report. Janke discussed a number of items, including: looking into a free trade zone for Seward; the possibility ofthe Alaska Vocational Technical Center receiving 2.5 million dollars in this year's federal budget for a proposed marine navigation simulator; his attendance at a City of Seward, Alaska City Council Minutes October 12, 1998 Volume 34, Page 139 recent Alaska SeaLife Center board retreat; discussed the strategic planning process; a proposal from the State pertaining to the transfer of the Harbor to The City of Seward; the prospects of getting Kinetic Aviation to locate in Seward; and in response to a question from Blatchford, noted that the City received a payment in lieu of sales taxes from the Alaska SeaLife Center in the approximate amount of $32,000. City Attorney's Report. Attorney Eric Wohlforth summarized the recent legal work which the firm has been working on, including: reviewing documents pertaining to the Alaska SeaLife Center litigation; the Kasischke Bankruptcy; the parking services contract; review of the animal control contract and wharfage tariff issues. Other Reports, Announcements and Presentations. None. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Beth Lowthian, Box 2025, Mile 6.5, Save Our Seward Pets (S.O. S. Pets) President, clarified what S.O.S. Pets function is and stated that they are a separate organization from animal control officer Dee Johnson. In response to a question from Gage, Lowthian said that the organization is working on attaining a tax exempt non -profit status and that the organization is only recently getting reactivated after having been dormant for a number of years. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Clark/King) Amendment (Clark/Orr) Approve the Agenda and Consent Agenda. Executive session following the regular city council meeting to receive a status report from the City Attorney on pending litiga- tion matters, or threatened litigation mat- ters. Amendment 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 98 -118, adopting an alternative method for the FY 99 Shared Fisheries Business Tax Program and certifying that this allocation method fairly represents the distribution of significant City of Seward, Alaska City Council Minutes October 12, 1998 Volume 34, Page 140 effects of fisheries business activity in the Cook Inlet Fisheries Management Area and authorizing the City Manager to apply for funds from the Shared Fisheries Business Tax Program. Resolution No. 98 -119, establishing a policy regarding the allocation of investment income. Resolution No. 98 -120, endorsing project nominations for the 2000 -2002 STIP program. Resolution No. 98 -121, approving the City Manager's appointment of David Squires as the Seward Fire Chief as of October 13, 1998. Resolution No. 98 -122, authorizing the Amendment No. 1 of Land Lease No. 97 -105, Randy Becker, Seward Harbor Boardwalk Lease Site NO.4 (APortion ofBlock 6, Oceanview Subdivision. PUBLIC HEARINGS None. UNFINISHED BUSINESS None. NEW BUSINESS Resolution 98 -117, authorizing the City Manager to enter into a contract with Dee Johnson, d.b.a. "Kritter Keepers," for animal control services from October 1, 1998, to June 30, 2000, at an annual rate of $48,375 and providing for two one -year extensions based upon satisfactory performance. Motion (King /Clark) Approve Resolution 98 -117. Wohlforth and Schrock explained the changes which are in the proposed substitute resolution, particularly the whereas pertaining to the proposed contract being a two -year contract with 2 one - year extensions. Amendment (King /Clark) Amendment passed. Substitute Resolution 98 -117. Unanimous. Callahan noted that the Council does not have to go with the lowest bidder, and that the Council has the authority to reject all bids if it chose. Callahan questioned whether the animal control officer was being asked to patrol the city for enough hours. Police Chief Walker responded that Ms. Johnson actively patrols the City and is very responsive to calls. In response to a question from Gage, Walker stated that all revenues and donations go to the business and that he was unsure how much money this involved. Motion passed. Unanimous. Resolution 98 -120, endorsing project nominations for the 2000 -2002 STIP program. City of Seward, Alaska City Council Minutes October 12, 1998 Volume 34, Page 141 Motion (Clark/Orr) Approve Resolution 98 -120. Janke gave the administrative overview and named off the eight projects which are going forward as Seward's State Transportation Improvement Program (STIP) priorities. In response to a question from Callahan, Janke noted that most of these projects are also on Seward's federal or state wish list and that our lobbyists are assisting with the effort to fund these projects. Orr noted that if the City would be responsible to maintain Port Avenue after the reconstruction, upgrades and resurfacing, the City should be sure that the State does a thorough job so that the road can withstand industrial use. Orr stated, and Janke agreed, that the City should try to make this a requirement prior to accepting future maintenance of Port Avenue. Motion passed. Unanimous. Resolution 98 -123, replacing 5 reclosures in the Fort Raymond Substation for the approximate cost of $40,000. Motion (Orr/King) Approve Resolution 98 -123. City Engineer Calvert explained what a reclosure is and the need for these items. He noted that the current equipment is not reliable and not safe. Gage questioned why this item did not going out to bid. Calvert responded to a question from Satin by stating that although there are no Alaska suppliers of reclosures, there are probably about three lower 48 suppliers which might respond to a bid request. Wohlforth asked Calvert what portion of the City Code he is using which would allow the passage of this resolution without being in violation of the city procurement policy. Upon hearing Calvert's response, there did not seem to be any exception to which would exempt the City from following its standard procurement procedures. Amendment (Gage /Clark) Amendment failed. Table Resolution 98 -123. Yes: Clark, Gage, Satin No: Blatchford, Callahan, King, Orr Reconsideration (Blatchford) Reconsideration passes. Amendment (Blatchford /Gage) Amendment passes. Reconsider Tabling Resolution 98- 123. Yes: Blatchford, Callahan, Clark, Gage, Orr, Satin No: King Table Resolution 98 -123. Yes: Blatchford, Callahan, Clark, Gage, Orr, Satin City of Seward, Alaska City Council Minutes October 12, 1998 Volume 34, Page 142 No: King Resolution 98 -124, supporting a proposal to establish the Kenai Mountains National Heritage Corridor. Motion (Clark/Gage) Approve Resolution 98 -124. Janke said that he does not believe that this resolution will limit The City of Seward development plans. Clark also stated that to the best of his knowledge there is no economic downside to this resolution. Satin asserted that passage of this resolution will make available more dollars in federal, and other, grants. Clark stated that he was impressed with the history of the Hope/Sunrise area when he and the Mayor attended the dedication of the Canyon Creek Bridge last winter. Blatchford noted that the Hope /Sunrise Gold Mining area predates the Nome gold rush era. Motion passed. Unanimous. Certification of the October 6, 1998, Municipal Election. Motion (Orr /Clark) Certify the October 6, 1998, Municipal Election. Motion passed. Unanimous. The results of the election were certified as follows: Regular Ballots Absentee /Questioned Total City Council (3 to be elected) BLATCHFORD, Edgar 218 36 254 MARTIN, Kelly R. 193 19 212 SHAFER, Vanta 209 25 234 SCHULDT, Paul T. 34 5 39 KING, Jerry F. 215 23 238 CLARK, Stu 177 25 202 Write In 30 9 39 Proposition No. 1 Amend the Seward City Code 5.35.035 YES 106 14 120 NO 300 45 345 City of Seward, Alaska City Council Minutes October 12, 1998 Volume 34, Page 143 Proposition No. 2 Amend City Charter 6.1 and City Charter 6.2 YES 298 44 342 NO 92 12 104 Proposition No. 3 Amend City Charter 6.6 YES 290 48 338 NO 102 8 110 TOTAL VOTES CAST: 480 TOTAL VOTES COUNTED: 476 COUNCIL COMMENTS Callahan commented that he saw orcas in the bay today. Gage said that there are two swans on Nash Road that she sees on the way to and from work. Clark thanked his supporters and congratulated the Blatchford, King and Shafer. Blatchford suggested that Janke mention to Kinetic Aviation that the pilot of the first round - the- world -flight landed in Seward during his historic trip. He also noted that he truly enjoyed working with Clark and hoped that he will continue to stay involved in the Seward community. King also stated that it was a pleasure to work with Clark and that Clark put a lot of effort into being a superb council member. King thanked his supporters for re- electing him and the trust that they put in him. Satin noted that there is currently a United Way Campaign going on and urged the residents to contribute. He said that he will be at the library to meet with constituents on Wednesday from 5:30 - 7:00 p.m. He also noted that there is a measles epidemic and urged all parents to take the necessary steps to vaccinate their children. Finally, he thanked Clark for his service and noted that Clark always approached issues in an analytical and fair manner. Callahan encouraged Clark to run for office again next year and stated that Clark worked hard and had lots of expertise, particularly with the budget. CITIZENS' COMMENTS Carol Chaudiere, 1129 Edge Cliff, noted that ifare improvements to Port Avenue, then there needs to be underground wires and that underground wires is the recommendation of the Seward Comprehensive Plan. John Clifton, Box 291, Seward, said that he is interested in bidding on the parking contract when it comes up. He stated that he is a 25 -year boat captain and is ready to settle down in Seward. City of Seward, Alaska City Council Minutes October 12, 1998 Volume 34, Page 144 COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Clark thanked everyone for their kind comments. ADJOURNMENT The meeting was adjourned at 9:11 p.m. Patrick Reilly City Clerk 0 well R. Satin Mayor (City Se4 s " 418 • • S EAM, t , to �e�. -`°bt OF I l_J City of Seward, Alaska October 26. 1998 CALL TO ORDER City Council Minutes Volume 34. Paee 145 The October 26, 1998, regular meeting ofthe Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Vanta Shafer led the pledge of allegiance to the flag. SEATING OF THE NEW COUNCIL City Clerk Reilly administered the oath of office to newly elected council member Vanta Shafer. ROLL CALL There were present: t Lowell 'Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Nathan Orr Vanta Shafer comprising a quorum of the Council; and Rick Gifford, Acting City Manager Patrick Reilly, City Clerk ABSENT Jerry King (excused) LJ I SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. Mayor Satin presented a plaque to Stu Clark for his two years of service on the city council. The Mayor presented certificates of recognition to the members of the Seward High School cross country team for winning the Alaska 3A Cross Country Championship. Coach Dan Marshall, along with runners Kelsey Jones, Christine Clark, Carol Clausen, Erin Conant, Shannon Holm, Jenny Harrell and Marion Glaser, were recognized. Seward teacher Kirstie Leslie, on behalf of the Alaska Geography Alliance, accepted a proclamation recognizing Geography Awareness Week, November 15 -21, 1998. Borough Assembly Report. None. City of Seward, Alaska City Council Minutes October 26. 1998 Volume 34. Page 146 City Manager's Report. Acting City Manager Gifford noted with sadness that former Harbormaster, Foster Singleton, was killed in a pedestrian -auto accident and expressed his condolences to the Singleton family. Gifford stated that the City is not following the formal bid process in the purchasing ofE -911 police equipment. He informed the Council that there were only three (3) companies that provide this equipment and that they were all contacted with a request to put in a bid. New Library Director, Patricia Linville, was introduced. City Attorney's Report. None. Other Reports, Announcements and Presentations. Satin updated the Council with a Kenai Peninsula United Way report. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Rosemary L. Sardarov, Chamberlain Road, spoke about the need for the City to take care of the poor of our community. She quoted from Deuteronomy 15:7,8,10, and 11; Matthew 26:11; Psalm 50:12; and Revelation 3:17. Sardarov noted that Seattle gave $55,000 to help the poor and challenged The City of Seward to make a donation to help its poorest residents. Stu Clark, 1129 Cliff View, commented about the city audit work session that he had participated in before the council meeting. Clark complimented former City Manager Ron Garzini, and current employees Gifford and Janke, and all ofthe city departments and employees for operating under a tight budget. Clark noted that the City is still deferring its maintenance expenses and that money should be budgeted to take care of the City's current and future infrastructure needs. Dennis Perry and Rick Houghton, President and Vice President, respectively, ofthe Seward Nordic Ski Club, gave a brief history of the mile 12 ski trail work and made a request that the City support their proposal for a State Transportation Improvement Plan (STIP) grant with a resolution. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (OrrBlatchford) Approve the Agenda and Consent Agenda. The Administration requested, and there was no Council objection, that Resolution 98 -127, authorizing participation in the National Flood Insurance Program, be taken up prior to Ordinance 98 -11, establishing flood plain management regulations. APPROVE AGENDA AND CONSENT AGENDA AS AMENDED Motion Passed Unanimous. City of Seward, Alaska City Council Minutes October 26, 1998 Volume 34, Page 147 The Clerk read the following approved consent agenda items: June 8, 1998, Board of Adjustment Meeting Minutes. September 28, 1998, City Council Meeting Minutes. October 12, 1998, City Council Special Meeting Minutes. October 12, 1998, City Council Meeting Minutes. PUBLIC HEARINGS Resolution 98 -125, authorizing Lease Amendment 2 of Land Lease 97 -101, Patrick M. Marrs, known as Lot 1, Block 4, Fourth of July Creek Subdivision, Seward Marine Industrial Center, to increase the leased land by 3,000 square feet. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared to be heard, and the public hearing was closed. MOTION (OrrBlatchford) Approve Resolution 98 -125, Harbormaster Jim Beckham gave the Administration report. In response to questions, Beckham stated that there was a permit fee, and a recording fee, in addition to the increase in lease payment. Amendment (OrrBlatchford) Amend to waive any increase in lease pay- ments until June 30, 2000, by which time there will have been a fair market value appraisal. Amendment failed. Motion passed. Yes: None. No: Blatchford, Satin, Shafer Absent: King Unanimous. Callahan, Gage, Orr, Resolution 98 -126, authorizing the City Manager to execute the termination of land lease 69- 008, and the amendment of land lease 69 -009, Mark Clemens, known as Lots 1 and 2, Block 1, Marina Subdivision, to amend by removing the lot lines between lots 1 and 2 and extending the term of the lease an additional ten years. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. City of Seward, Alaska City Council Minutes October 26, 1998 Volume 34, Page 148 Mark Clemens, Lot 17, Block 4, Meridian Park Subdivision, stated that he was available to answer any questions. In response to a question from Gage, Clemens said that parking for employees will be in the back of the proposed new hardware store and that he had about ten spots to the south of the Fish House. MOTION (Blatchford /Gage) Approve Resolution 98 -126. Motion passed. Unanimous. NEW BUSINESS (taken out of order) Resolution 98 -127, authorizing participation in the National Flood Insurance Program. MOTION (Orr /Shafer) Approve Resolution 98 -127. Planning Director Kerry Martin described the national flood insurance program and that the City is currently has been in the program since 1986, when the Kenai Peninsula Borough entered into the program. Martin stated that the Kenai Peninsula Borough has little to no presence in Seward on this issue: for example, there are no building permits or inspections. Martin stated that it would be simpler for the City to do the program directly, as opposed to going through the Borough. Motion passed. PUBLIC HEARINGS Unanimous. Ordinance 98 -11, authorizing Seward's Direct Participation in the National Flood Insurance Program. MOTION (Blatchford /Orr) Motion passed. NEW BUSINESS Introduce Ordinance 98 -11, and set for a public hearing on November 23, 1998. Unanimous. Resolution 98 -128, authorizing the City Manager to approve a purchase order in the amount of $20,000 to Resurrection Rentals for port-a -potty rentals. MOTION (Orr /Shafer) Approve Resolution 98 -128. Parks and Recreation Director Karin Sturdy gave the administrative overview.. Motion passed. Unanimous. City of Seward, Alaska City Council Minutes October 26, 1998 Volume 34, Page 149 Resolution 98 -129, authorizing the City Manager to sign a settlement agreement with Randy McFarland that settles Mr. McFarland's debt to the City and settles all pending and future litigation, claims, or allegations of any kind brought directly or indirectly by the parties. MOTION (Satin /Orr) Approve Resolution 98 -129. Motion passed. Yes: Blatchford, Gage, Orr, Satin, Shafer No: Callahan Absent: King Resolution 98 -130, approving a mutual release and settlement agreement with Inlet Fisheries, Inc., and Inlet Fish Producers, Inc. MOTION (Shafer /Callahan) Approve Resolution 98 -130. Gifford stated that the Administration will be bringing forward tariff adjustments at an upcoming meeting so that our tariff rates are clearly stated. The Administration will also be recommending a tariff rate study. Motion passed. Unanimous. Cancellation of November 9,1998, City Council meeting in order for Councilmembers and city staff to attend Alaska Municipal League Conference. MOTION (Satin /Callahan) Cancel the November 9, 1998, City Council Meeting. Motion passed. Unanimous. Selection of Vice Mayor Gage suggested Blatchford as Vice Mayor, but Orr wondered if King wished to continue as Vice Mayor. The Council decided it was best to make this decision when King was present. Amendment (Callahan /Satin) Postpone selection of Vice Mayor to the November 23, 1998, meeting. Amendment to postpone passed. Unanimous. Mayoral Appointments Satin reappointed himself as the Kenai Peninsula Borough Economic Development District City Council Representative. He also reappointed Mary Tougas as the public representative to this board. Satin noted that Tougas is the current treasurer. City of Seward, Alaska City Council Minutes October 26, 1998 Volume 34, Page 150 Satin decided to postpone the City Council Planning Commission liaison appointment to the November 23 meeting. There were no objections to the Economic Development District appointments or to the Planning Commission Liaison postponement. COUNCIL COMMENTS Shafer stated she enjoyed being here tonight and that she was probably a little quieter than normal because it was her first meeting. She said that she had read her packet carefully and felt that the Council had made good decisions. Orr thanked Clark for his service and welcomed Shafer to the Council. Callahan congratulated Clark for doing a good job and also welcomed Shafer. Gage thanked Clark and welcomed Shafer. She was also excited about the new Library Director. Satin thanked Clark and welcomed Shafer and hoped everyone would have a safe Halloween. Satin read sections from a letter which he received from Senator Ted Stevens which noted the various Seward projects which were approved in the recent congressional budget. Blatchford also thanked Clark and welcomed Shafer. He also stated that the mile 12 ski club's plans were a very worthwhile community goal. CITIZENS' COMMENTS None. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned at 9:53 p.m. Patrick Reilly City Clerk owell R. Satin Mayor (City SST QF SEyy •:s SEAL . No a._ OF 1► _..� City of Seward, Alaska City Council Minutes November 23 1998 Volume 34, Page 151 I CALL TO ORDER The November 23, 1998, regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY Dan Walker led the pledge of allegiance to the flag. ROLL CALL There were present: Lowell 'Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Patrick Reilly, City Clerk ABSENT Jerry King - excused SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. The Council recognized Seward Middle/High School teacher, Dan Walker, for being named Alaska's 1999 Teacher of the Year. Satin read a proclamation commending Walker for this achievement. Borough Assembly Report. None. City Manager's Report. Janke noted that there were over 400 people who planned to come to Seward on the December 5 Christmas Train. He stated that the Christmas Tree Lighting Ceremony will take place on November 25 at 5 p.m. Starting with the next council meeting, agenda statements will follow a new format which will show if the proposed action outlined in the agenda statements are consistent with the strategic plan. Agenda statements will also have a fiscal statement. Janke stated that there will be a council work session on the strategic plan. It was proposed that the strategic plan go before the Council for discussion at the December 14 meeting and then put out for a public comment period prior to adoption by the City Council. City of Seward, Alaska City Council Minutes November 23, 1998 Volume 34, Page 152 The Council unanimously agreed to send a letter urging Governor Tony Knowles to reappoint Dale Lindsay to the Alaska Railroad Board. Schrock informed the Council on the status of Federal Emergency Management Agency (FEMA) and Kenai Peninsula Borough projects pertaining to flood mitigation assistance. Planned Resurrection River flood mitigation work, with the use of $700,000 in FEMA funding, will start in May 1999. In response to questions from Gage, Janke updated the Council on the status of the proposed Interagency Facility and his planned trip to California on December 10 and 11 to meet with tour boat companies Princess Tours and Holland America. Assistant City Manager Schrock and Seward businessman Tom Tougas will also be taking the trip to California, and Janke hoped that a Railroad representative would also attend, too. In response to a question from Orr, Janke noted that the opening of the Whittier road will not be a threat to Seward if we have good relations with Princess and Holland America. Satin offered that the Whittier community did not appear to welcome cruise ship traffic. Janke updated the Council on the recent Alaska Municipal meeting in Fairbanks and noted that Seward is now well represented on numerous committees and in several executive positions. City Attorney's Report. None. Other Reports, Announcements and Presentations. Shari Adelmann, Seward Teen Center Director, introduced the Teen and Youth Center Councils. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Mary Hart, Bear Lake Drive, spoke in favor of Resolution 98 -140, authorizing the issuance of a special events permit to allow horse drawn buggy rides on December 5. Hart updated the Council on the Christmas Train planned events and noted that this event was generating a great response from the business community and the Alaska Railroad. John French, Box 1470 Seward, expressed his interest in getting an appointment to the Cook Inlet Aquaculture Association Board and that he would be available if the Council had any questions. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (OrrBlatchford) Approve the Agenda and Consent Agenda. Callahan pulled Resolution 98 -132 from the consent agenda. 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 November 23, 1998 Volume 34, Page 153 Resolution 98 -134, supporting the inclusion ofthe Mile 12 Ski Trail Head into the STIP plan. Resolution 98 -139, authorizing the City Manager to terminate participation in the Northern Intertie Project as of January 1, 1999. Resolution 98 -140, authorizing the City Clerk to issue a Special Events Permit to allow Horse Drawn Buggy Rides on December 5, 1998 and January 16 and 17, 1999. October 26, 1998, meeting minutes. Appointment of John French to the Cook Inlet Aquaculture Association Board. PUBLIC HEARINGS Ordinance 98 -11, amending Title 15 to include a new chapter 15.25. Floodplain Management. MOTION (Orr/Blatchford) Adopt Ordinance 98 -11. Notice of the public hearing being posted and published as required by law was noted, and the public hearing was opened. No one appeared to be heard, and the public hearing was closed. Planning Director Kerry Martin gave the administrative overview. Martin noted that passage of this ordinance would allow Seward to be the central point for the permitting process and that it would streamline the procedure. Christy Miller, State of Alaska Flood Insurance Program Coordinator, responded to questions from the Council. Miller was not advocating how the Council should vote, but she did state that passage of this ordinance would make the City eligible to apply for a Department of Community and Regional Affairs flood mitigation grant program. MOTION PASSED. Unanimous. UNFINISHED BUSINESS With unanimous council support, the Mayor appointed Councilmember Shafer to be the City Council's Planning and Zoning Liaison. Election of Vice -Mayor After a brief discussion by the Council, King was nominated by Satin, and Blatchford was nominated by Satin for the position of Vice - Mayor. The Clerk passed around blank sheets of paper so that councilmembers could select their preference for Vice- Mayor. The initial vote tally showed Blatchford with five votes, and King with one vote. MOTION (GAGE /SHAFER) VOTE ON MOTION Elect Blatchford as Vice Mayor. Unanimous. Blatchford thanked the Council for their support. City of Seward, Alaska City Council Minutes November 23, 1998 Volume 34, Page 154 NEW BUSINESS Introduction of Ordinances Ordinance 98 -12, amending the sales tax ordinance providing for technical corrections to make the Seward Code consistent with the terms of the Kenai Peninsula Borough Code regarding the imposition of sales taxes. MOTION (SATIN/GAGE) Introduce Ordinance 98 -12, and set for a public hearing on December 14, 1998. Janke gave an overview of this tax ordinance. Gage raised concerns about section C of the proposed ordinance, a section stating what constitutes a taxable sale or a taxable service would be up to the City Manager and that his decision would be the final decision, subject to an appeal to the superior court. The Administration said that they would review this section with the City Attorney and see if the section could be deleted. Finance Director Gifford noted that the Kenai Peninsula Borough would be the authority that would actually make a decision regarding taxable sales or services. Motion Passed. Resolutions Unanimous. Resolution 98 -131, authorizing the City Manager to enter into a contract with Alaska Mining and Diving Supply, Inc. to re- engine and re-rig the harbor utility boat. MOTION (Blatchford /Gage) Approve Resolution 98 -131. Acting Harbor Master Scott Ransom noted that three bids were received for this project, one being non - responsive. Of the two remaining bids, Alaska Mining and Diving Supply, Inc., bid $22,841.65, and a bid from Four Season Boat Services came in at $26,127.40. The Administration recommended the bid from Alaska Mining and Diving Supply, Inc. Motion Passed. Unanimous. Resolution 98 -132, amending the City of Seward, Alaska, Port and Harbor Tariff relating to the wharfage rate for unprocessed fresh fish. MOTION (Satin /Callahan) Approve Resolution 98 -132. Janke gave the Administrative overview and responded to questions from Callahan. Janke and Callahan discussed that this resolution was in response to threatened litigation from Inlet Fisheries, Inc., and that this resolution would now bring the wharfage rate to $3 /ton until such time as the City does a rate study on wharfage rates. t 1 f] City of Seward, Alaska November 23. 1998 Motion passed. Unanimous. City Council Minutes Volume 34. Pafe 155 Resolution 98 -133, reclassifying the Fire Department Office Assistant position from a Range 4 to a Range 9, and changing the title to Administrative Clerk effective December 6, 1998. MOTION (Gage /Shafer) Approve Resolution 98 -133. Janke gave the Administrative overview and stated that Personnel Officer Yvette Welsh recommended that fire department office assistant be reclassified. Welsh explained that she compared the job duties, responsibilities, and pay to other position within city hall, the community, and with other communities. The decision to reclassify was based on the results of this survey. She noted that the position is a 28 hour /week position, a position which includes prorated leave and retirement benefits, but no health insurance benefits. Motion passed. Unanimous. Resolution 98 -135, authorizing the City Manager to pay Newbery Alaska, Inc. a total of $31,477.85 for electric connection services rendered from July 27 through August 14, 1998. MOTION (Orr /Shafer) Approve Resolution 98 -135. Engineering and Utilities Manager Dave Calvert explained that it was necessary to hire an additional line crew so that customer demands for electricity connections could be satisfied. Based on this need, Newbery Alaska, Inc., an organization which did work for the City in the past and performed that work well at a reasonable price, was selected to perform the election connection work which was rendered from July 27 - August 14, 1998. Calvert noted that the crew did an excellent job. Gage raised concerns that the City did not go out to bid prior to hiring Newbery Alaska, Inc. In response, Janke noted that if similar work is needed next year it will go out to bid. Calvert explained that he was following city code in not charging these customers for this service, or requiring them to form a utility improvement district, because it was demonstrated that there would be a sufficient enough return on electricity revenue to warrant the city paying for the improvements. Motion passed. Unanimous. Resolution 98 -136, authorizing the City Manager to enter into a contract with Electric Power Systems, Inc. to replace five MTR Recloser Controllers with rive Schweitzer SEL -351 Recloser Controllers, for a total installed cost not -to- exceed $44,450 and appropriating $44,450 from the Electric Maintenance, Repair & Replacement Fund (MRRF) to the MRRF Equipment Account. MOTION (Blatchford /Shafer) Approve Resolution 98 -136. City of Seward, Alaska City Council Minutes November 23, 1998 Volume 34. Pare 156 Calvert noted that a bid from Electric Power Systems, Inc. (EPS) was received in the amount of $22,325.00 and a bid was received from J & S Service Company in the amount of $33,150.00. The Administration recommended the bid be awarded to Electric Power Systems, Inc. Satin raised concerns that Electric Power Systems, Inc. were the consultants to evaluate and suggest recommendations for the existing Westinghouse MTR reclosers and now they were also the successful bidder. Calvert noted that EPS were the only Design/Build Engineering firm in Alaska capable of installing the units and that they provided a separate proposal to cover installation of the units. The installation cost would be $19,625.00, plus a $2,500 contingency, for a total project cost of $44,450. Motion passed. Unanimous. Resolution 98 -137, accepting a State of Alaska Grant in the amount of $1,088,500 for a replacement electric generator and appropriating $1,088,500 from State Grant Account 505- 0000- 4680 -0200, to the Standby Electric Generator Capital Project Fund, of which $55,000 is appropriated to Engineering Services and $1,033,500 to Equipment. MOTION (Shafer /Gage) Approve Resolution 98 -137. Janke noted that the grant was received from last year's state legislature, and that the City may be required to pay an additional $300,000 to complete the project. In response to a question from Gage, Janke stated that the City will be sure to put out requests for proposals so that companies have an opportunity to bid on the work. Motion passed. Unanimous. Resolution 98 -138, appropriating $2,500 from the Parking Revenue Enterprise Fund retained earnings to legal subject matter 4031, McFarland Contract, in the Parking Revenue Enterprise Fund. MOTION (Orr /Satin) Approve Resolution 98 -138. Janke noted that the appropriation to pay the legal fees pertaining to the parking contract is coming from the Parking Revenue Enterprise Fund retained earnings account. Motion passed. Unanimous. Resolution 98 -141, authorizing the City Manager to purchase a 1999 4x4 extended cab with an 8 ft. reading equipment box (or equivalent), for a price not -to- exceed $31,420; funding to be from the Motor Pool Internal Service Fund, with an additional appropriation of $31,420 from Electric Maintenance, Repair and Replacement Fund (MRRF), to the Motor Pool Replacement Account. MOTION (Blatchford/Shafer) Approve Resolution 98 -141. City of Seward, Alaska City Council Minutes November 23. 1998 Volume 34, Page 157 Calvert explained that although the proposed replacement of this vehicle was not budgeted, there is a real need to replace the current 1989 vehicle which has 90,000 miles on it. In response to a question from Satin, Calvert noted that his crew does not keep operating logs on each vehicle. In response to a question from Gage, Janke stated that the proposed purchase of the digger /derrick is no longer being pursued. Gage stated that when a resolution is approved to purchase an item, and the Administration later decides not to proceed as directed in the resolution, then the Council should be informed. Motion passed. Yes: Blatchford, Callahan, King, Orr, Satin, Shafer No: Gage Resolution 98 -142, authorizing the City Manager to purchase replacement parts for the macerator in Lift Station 3 at a cost of $16,507.34 and appropriating $16,507.34 from the Sewer Maintenance, Repair and Replacement Fund Account to the Sewer Collection Maintenance and Repair Account. MOTION (Shafer /Callahan) Approve Resolution 98 -142. Janke noted that the replacement parts which were needed for a failed macerator constituted an emergency, and this was the reason which the item did not go out to bid. Calvert described the function of a macerator, how it failed, and stated that the new parts were expected to arrive next week. Motion passed. Unanimous. Other New Business The Council discussed the need to find a replacement for Wayne Carpenter on the Planning and Zoning Commission. Recent advertising for the position brought forth no applicants. After some discussion, it was decided that the Council will continue to search for applicants and that advertising for the vacancy would continue with the hope that the Council can fill the vacancy in January. COUNCIL COMMENTS Shafer noted that the Salvation Army does a lot of good work in Seward and that they were in need of bell ringers for the Christmas Season. Shafer brought applications in the hope that councilmembers will make time to volunteer for two hour shifts. Orr wished everyone a Happy Thanksgiving. Callahan recommended folks to read the October issue of Alaska Magazine because there was an interesting article on fishing in Seward. Callahan wrote a letter to the writer of this article, and he stated that he would get a copy of this letter, and the response, to the City Council. Gage noted the passing of two Sewardites which occurred in the last week and she expressed her sympathy to the family of Mary Elizabeth Lee and Maria Ferguson. City of Seward, Alaska City Council Minutes November 23, 1998 Volume 34 Page 158 Blatchford thanked the Council for their support. Gage noted that Blatchford used to be a Seward Teen Council President. Satin commented that the Alaska Municipal League meeting in Fairbanks went well and that the City of Seward is now well represented on various committees. CITIZENS' COMMENTS John Gage, 107 Lowell Canyon Road, noted that over the last several months there has been numerous conflicts between the City Council and the Administration regarding bid procedures. He recommended that the Council and Administration review these procedures and, ifnecessary, to make changes. Gage suggested that the Council should require the Administration to follow current bid procedures, and any approved new procedures, and this would avoid contentious debate between the Council and the Administration on this subject. Pat Sterling, Seward Harbor, complemented the Council on running such good meetings. He noted that he has been viewing council meetings for about five years, and they are run a lot better than they use to be run. Sterling expressed concern that the City was not putting out much information regarding the status of the proposed transfer of ownership of the Harbor from the State to the City. He suggested an update could go into the upcoming harbor newsletter. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS In response to a question from Orr, Janke noted that the City has rejected the State offer regarding the transfer of the Harbor to the City because the offer was placing too many restriction on the City. Satin noted that the State did not take care of its responsibilities regarding harbor maintenance issues and was now trying to dictate to the City how the proposed receipt of $3.1 million dollars which would accompany the transfer of ownership of the Harbor should be spent. ADJOURNMENT The meeting was adjourned at 10:25 p.m. Patrick Reilly City Clerk � +riy ••``` OF SEy (City e>� nq O as z s o so = • = SEAL • .y Is a i q •.....s... OF !1►�n- Lowell R. Satin Mayor Citv of Seward, Alaska December 14, 1998 City Council Minutes Volume 33, Page 159 CALL TO ORDER The December 14, 1998, special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor Lowell R. Satin. OPENING CEREMONY The pledge of allegiance to the flag was recited. ROLL CALL There were present: Lowell "Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer t comprising a quorum of the Council; and Scott Janke, City Manager ABSENT were: None. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING None. APPROVAL OF SPECIAL MEETING AGENDA MOTION (Blatchford /Orr) Executive Session for the purpose of evalu- ating the performance of the City Manager. Motion passed. MOTION (Blatchford /Orr ) Unanimous. Approve the Special Meeting Agenda. Motion passed. Unanimous. NEW BUSINESS City of Seward, Alaska December 14, 1998 City Council Minutes Volume 33, P age 160 The Council went into an Executive Session for the purpose of evaluating the performance ofthe City Manager. Those present in the executive session were the City Council members and City Manager Scott Janke. COUNCIL COMMENTS None. CITIZENS' COMMENTS None. COUNCIL AND ADMINISTRATIVE RESPONSE TO CITIZENS' COMMENTS None. ADJOURNMENT The meeting was adjourned at 7:15 p.m. Patrick Reilly City Clerk 4 4, L/ & 4 a )- Lowell R. Satin Mayor (City;; j ()F sz;v �s r '''' .••••••••••••.� +Ft City of Seward, Alaska City Council Minutes December 14, 1998 Volume 34, Page 161 CALL TO ORDER The December 14, 1998, regular 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 to the flag was recited. ROLL CALL There were present: Lowell 'Bob" Satin, presiding, and Edgar Blatchford Patrick Callahan Marie Gage Jerry King Nathan Orr Vanta Shafer comprising a quorum of the Council; and Scott Janke, City Manager Tylan Schrock, Assistant City Manager Eric Wohlforth, City Attorney Patrick Reilly, City Clerk ABSENT None. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards. None. Borough Assembly Report. None. City Manager's Report. Janke reported on a recent trip he and Schrock attended in Los Angeles, California. Janke and Schrock met with representatives of the cruise ship industries, specifically, Princess Tours and Holland America. The purpose of the trip was to encourage the tour companies to continue coming to Seward and to let them know that they are welcome to the Seward community. Janke stated that he received a letter from Department of Transportation Regional Director John Horn which was encouraging, and Janke thought there was a good possibility that the City would receive approximately 3.1 million dollars from the State of Alaska when the City takes ownership of the Seward Small Boat Harbor from the State. Janke noted that he was still communicating with Kinetic Aviation and still holding on to the possibility that the company will consider locating in Seward to build a planned small airplane manufacturing plant. Janke updated the City of Seward, Alaska City Council Minutes December 14, 1998 Volume 34, Page 162 Council on a recent Prince William Sound Transportation Advisory Committee meeting which he attended. He felt that it now is the time for a city official to start attending these meetings so that the City is well represented. Janke will send a city employee to the next meeting which will be held in February. In response to questions from Gage and Shafer concerning a need for housing in the Seward area, Janke stated that a task force would be formed to look at this issue. Gage stated that she is still concerned that some city hall employees are being allowed to not follow the city code when they are allowed to work shifts which are other than an 8 -5 shift. Janke stated that he would review the city code and get back to Gage. Gage also suggested that the bus only parking zone in front of the Alaska SeaLife Center could be altered to allow for handicap parking during the winter months. In response to a question from Shafer, Janke stated that Holland America indicated that they might use Adams St. as a pick -up location next summer. This will give the visitors an opportunity to walk through the downtown business district prior to boarding the buses for their departure. In response to a question from Blatchford, Janke stated that there will be ten less cruise ships next summer, but because the cruise ships that do arrive will be larger the number of passengers will remain about the same. City Attorney's Report. Wohlforth summarized the legal work which the law firm has been working on. Some of the items included: review of the proposed Kenai Peninsula Borough animal control services contract and ordinances; preparation of a contract for emergency services; review of the proposal and related documents for vehicle towing and storage; preparation of technical corrections to the sales tax ordinance; preparation and review of documents in preparation to close the sale of the Historic Alaska Railroad Depot; completed settlement of the parking services contract litigation; prepared a resolution relating to wharfage tariff payments for unprocessed fish and finalized the wharfage fee settlement with Inlet Fisheries, Inc.; and continued to monitor the litigation relating tot the SeaLife Center. Other Reports, Announcements and Presentations. None. CITIZENS' COMMENTS ON AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING AND ITEMS OTHER THAN THOSE APPEARING ON THE AGENDA. Patrick Sterling, Seward Small Boat Harbor, questioned why the resolution approving a stay in the collection of the Alaska SeaLife Center's payment in lieu of taxes did not impose a late penalty or interest penalty. Sterling questioned who will make the Alaska SeaLife Center payments if they cannot. Jim Collman, 609 4th Ave, supported one of the proposals presented by Mr. Jim Pruitt in his request to expand his current lease at the Harbor Gateway, Inc., site. Recommended that the City needed to be compensated for the lose of the 25 -50 spots annually. Dave Crane, 429 2nd Ave, representing the Alaska SeaLife Center Board ofDirectors, spoke in favor of Resolution 98 -147. Crane noted that a 1999 business plan is being prepared which reflects the seasonal fluctuations of the visitation and retail operations, actual costs of research and rehabilitation and the Center's short-term cash flow needs and long -term plan for debt retirement. City of Seward, Alaska City Council Minutes December 14, 1998 Volume 34, Page 163 Patrick Sterling, Seward Small Boat Harbor, spoke against Jim Pruitt's proposed lease site expansion of the Harbor Gateway station. He noted that all businesses in the area will suffer if the expansion is allowed because there will be an additional shortage of premium parking spaces. Jerry Dixon, Lot 2, Block 4, Nash Wood Subdivision, spoke in favor of Resolution 98 -147. He noted that as an educator he has been able to help facilitate over 800 students through the facility and stated that Seward is lucky to have the Alaska SeaLife Center in our backyard as a resource. John Clifton, owner of a transient business on Third Avenue, spoke in favor of extending the time period transient vendors are allowed to operate. He stated that he would like a code change that would grant his business the ability to stay open for at least 180 days a year. Patrick Sterling, stated that the City needs a comprehensive plan which will limit development in the small boat harbor area. Sterling also stated there is a need to move the RV dump station from its current location. Jim Pruitt, Maple Street, explained his reasons for the need to expand his current lease with the City for the Harbor Gateway, Inc. location. Pruitt stated that since he lost some frontage on Third Avenue he now needs a way to fix the problem of limited space. He stated that the best solution would be to allow him to lease property directly to the north of his current lease site. APPROVAL OF AGENDA AND CONSENT AGENDA MOTION (Blatchford /Safer) Approve the Agenda and Consent Agenda. Motion passed. Unanimous. The Clerk read the following approved consent agenda items: Resolution 98 -143, approving a special event permit for the Seward Polar Bear Jumpoff Festival, Inc. January 15 -17, 1999; Resolution 98 -145, accepting amendments to the bylaws of the Alaska Municipal League Joint Insurance Association, Inc. (AML /JIA); Resolution 98 -146, amending the banking services contract between the City of Seward and National Bank of Alaska by extending the terms of the contract to January 3, 2000. PUBLIC HEARINGS Ordinance 98 -12, amending the sales tax ordinance providing for technical corrections to make the Seward Code consistent with the terms of the Kenai Peninsula Borough Code regarding the imposition of sales taxes. Notice of the public hearing being posted as required by law was noted, and the public hearing was opened. No one appeared to be heard, and the public hearing was closed. Motion (Orr /Gage) Adopt Ordinance 98 -12 City of Seward, Alaska City Council Minutes December 14, 1998 Volume 34, Page 164 City Attorney Wohlforth recommended an amendment which would delete section C, a section requiring the city manager's decision on what constitutes a Taxable sale or a Taxable service to be final and binding. It was noted that the Kenai Peninsula Borough, and not the City which is the sales tax enforcement authority. Satin requested unanimous consent to strike section C of the ordinance as recommended by the attorney. Hearing no objection, section C was struck. Vote on Amended Motion. UNFINISHED BUSINESS Unanimous. Proposal to dispose of t 12, 640 sf. of public land within the North Harbor parking lot, Tract A North Harbor Subdivision, to Jim Pruitt, dba Harbor Gateway, Inc. for expansion of Lease 84 -043. Janke, giving the administrative overview, stated that he supports some increase in lease acreage because there are safety concerns that an increase in acreage would help resolve. Janke stated that the City allowed the gas station to be built in the location it is, so it should now assist in resolving the motor and pedestrian concerns that have arisen. King noted that he liked alternative number three which Jim Pruitt distributed to the Council. In response to a question from council, Police Chief Walker stated that he would prefer vehicle access to the gas station to be from Third Avenue rather than Fourth Avenue. Planning Director Martin noted that the Planning and Zoning Commission unanimously agreed that the City should not dispose of any portion the public parking lot that Pruitt has requested, but if the Council does decide to dispose of the land it should be by sole source negotiation with Pruitt and it should be expressly for the purpose of mitigating traffic congestion problems. Motion (Blatchford /Orr) Motion passed. NEW BUSINESS Direct the City Manager to negotiate the disposal of public land within the North Harbor parking lot, Tract A North Harbor Subdivision, to Jim Pruitt, dba Harbor Gateway, Inc. for expansion of Lease 84- 043; the amount disposed of shall be the minimum amount of land which will allow the mitigation of traffic and public safety problems. Unanimous. Resolutions City of Seward, Alaska City Council Minutes December 14 1998 Volume 34, Page 165 Resolution 98 -144, adopting a retirement plan for the City Manager with the International City Managers Association (ICMA) Retirement Corporation, and making amendment number 2 to the City Manager's contract to reflect adoption of the plan. Motion (Orr /Shafer) Approve Resolution 98 -144. Director of Finance and Administrative Services, Rick Gifford, reminded the Council that when the City Manager was hired he requested to be exempted from the Public Employees Retirement System. The City Manager had deductions from his payroll check following the rules for social security program deductions. The passage of this resolution allows the City Manager to join a 401 defined contribution retirement plan. Janke noted that this plan simply replaces the Public Employees Retirement System plan he would otherwise be under and that it will not cost the City any extra money. Satin expressed concern with the City Manager being the sole coordinator of the money purchase retirement plan and suggested the City's Chief Financial Officer [Director of Finance and Administrative Services] and the City Manager be co- coordinators of the plan. There were no objections to Satin's request that the Director of Finance and Administrative Services and the City Manager be co- coordinators of the retirement plan. Vote on Motion as Amended. Unanimous. Resolution 98 -147, approving a stay in the enforcement of the collection of the Alaska SeaLife Center's payment in lieu of taxes until June 30, 1999, for the collection period of July 1 - December 31, 1998. Motion (Blatchford /Orr) Approve Resolution 98 -147. Janke stated that support of the Alaska SeaLife Center at this time will help them work out financial arrangements with other entities. Janke noted that the Council has been briefed regularly on the current financial problems and difficulties of the center, problems which are not uncommon with first year start-up entities. At this time, Janke noted, the City needs to show some leadership and support the facility. The Alaska SeaLife Center has been working very hard on their business plan, and the Board of Directors intend to bring a new business plan and budget to the January I 1 council meeting. Shafer noted that she contacted members of the community for their input on this issue and found that about 70% of those she contacted supported the passage of this resolution. Orr agreed with Dixon's comments at the start of the meeting and he stated that the facility provides a real educational opportunity for the Seward community. Orr also noted that he was highly confident in those on the Board of Directors and Board of Governors. He also stated that he was made aware of prominent local business people who have financially supported this facility when they have little to gain personally from their contributions. Satin noted that he has volunteered each Friday since the facility opened (185 hours) and knows that the facility is a viable, exciting and unique facility. Although he strongly supported the City of Seward, Alaska City Council Minutes December 14, 1998 Volume 34 Page 166 facility, Satin stated he was unwilling to extend the Alaska SeaLife Center this delay in making their payment to the City without charging them an interest rate. Callahan stated that he would like to hear more specific details regarding the financial situation at the Alaska SeaLife Center. In response to a question from Satin, the City Manager responded that the City was receiving periodic financial reports. Amendment (Satin /Gage) Amendment failed. Charge the Alaska SeaLife Center a five percent interest rate on the amount which is owed to the City of Seward. Yes: Callahan, King, Satin No: Blatchford, Gage, Orr, Shafer Blatchford stated that the Alaska SeaLife Center is a unique facility that does real research on North Pacific waters; that the Seward community has pushed the idea of this facility since the 1960s and that it was incumbent on the Council to show their support for the facility at this time. Motion passed. Unanimous. Resolution 98 -148, authorizing the purchase of a Dictaphone digital audio logging recorder for the E -911 system within the Seward Police Dispatch area. Motion (Shafer /Satin). Approve Resolution 98 -148. Police Chief Walker gave the administrative overview. Walker noted that Dictaphone was the lowest responsive bidder. In response to a question from Satin, Walker stated that he was confident that the firm, although an out of state firm, is capable of servicing the equipment if necessary. Walker also noted that the new system will be compatible with the Kenai Peninsula Borough emergency phone system. In response to a question from Gage, Walker noted that this equipment will be used to record phone calls which go through the dispatch desk. Janke noted that the 911 Equipment Replacement Capital Project received $29,980 in grant funding from the State of Alaska, and only $5,626 will be local funds. Motion passed. Unanimous. Resolution 98 -149, approving the City of Seward's state legislative projects and setting priorities. Motion (Orr /Shafer). Approve Resolution 98 -149. City of Seward, Alaska City Council Minutes December 14, 1998 Volume 34 Page 167 Janke noted that this list was developed in response to last week's work session. He noted that the priority list is under the broad categories of Flood Mitigation, Economic Development, Harbor, Department of Transportation and Infrastructure. Amendment (Callahan/Orr) Under Economic Development, amend Support for Spring Creek by adding the words "Correctional Center Expansion." Amendment passed. Motion passed. Unanimous. Unanimous. Resolution 98 -150, approving the City of Seward's federal legislative projects and setting priorities. Motion (Orr /Shafer) Approve Resolution 98 -150. Janke and Schrock stated that the priority list is focused on Flood Mitigation, Economic Development, and funding for Research In response to a question from Orr, Schrock explained that the Conservation and Reinvestment Act of 1998 has some similarities to the Teaming with Wildlife legislation which was introduced in the prior congressional legislative session. The proposed act has the backing of Alaska's Congressional Delegation. Motion passed. Unanimous. Resolution 98 -151, approving an amendment to the contract with the firms Robertson, Monagle & Eastaugh; and Baker, Zane, Edmonds and O'Malley to extend the term for federal lobbying services through June 30, 1999, in the amount of $35,000. Motion (OrrBlatchford) Approve Resolution 98 -151. Janke that there is no new appropriation needed to approve this resolution because it was budgeted in the current budget. He noted that Seward was very successful last year, particularly noteworthy was the 2.5 million appropriated for the marine simulator which will be placed at the Alaska Vocational Technical Center. Shafer questioned Janke regarding finding out who else the firm provides lobbying services for. Shafer stated that it is best for the firm not to have conflict of interests so that they can focus their efforts on supporting Seward. Janke stated that he would speak with Brad Gilman to see about reducing or eliminating their lobbying efforts which are in opposition to our interests. Blatchford complimented former mayor Crane and current councilmember King for their foresight in supporting the hiring of a federal lobbyist before many other Alaskan communities decided to do the same. Cancellation of the December 28, 1998, city council meeting. City of Seward, Alaska City Council Minutes December 14 1998 Volume 34, Page 168 Motion (Blatchford /Gage) Cancel December 28, 1998, city council meeting. Motion passed. Strategic Plan Draft Review & Discussion. Yes: Blatchford, King, Orr, Satin, Shafer No: Callahan, Gage Janke noted that he would like to send the Strategic Plan Draft out for a public comment period. After the comment period, it is his intent to bring it back to the council for formal adoption. Satin stated that he is reluctant to send out the draft as is because the focus is all "what" and little "where." Satin said he would prefer if maps were added which might outline and give spatial content for proposed various activities or land designations. Janke stated that the strategic plan is merely a compass and that the comprehensive plan, which will be developed using the strategic plan, will go into the details concerning the "where" of activities and land designations. Motion (Shafer /Orr) Release the draft of the strategic plan for a 45 day comment period. Motion passed. Unanimous. COUNCIL COMMENTS Shafer and Orr wished everyone a Merry Christmas and a Happy New Year. Callahan stated that he liked the strategic plan without maps because a lot of money can be wasted developing an artist's conception of what something will look like. Gage wished everyone a Merry Christmas and noted that she was pleased that her whole family will be home, including her son from the Persian Gulf. Gage then read portions of a letter from Jack Turnbull and Frank Mirabile. The letter, and a certificate of appreciation, expressed thanks to the Seward community for treating the 267 Coast Artillery Separate Battalion with hospitality second to none. King wished everyone a Merry Christmas and a Happy New Year. King requested hearing more from the administration about extending transient merchant days to 180 per year as John Clifton requested at the start of the evening's meeting. He noted that the tourist season is expanding and if Clifton is inclined to stay open longer, King is inclined to think that we should allow him this opportunity. Blatchford wished everyone a Merry Christmas and a Happy New Year. He expressed condolences to the Kowalski family in the passing of Dennis Kowalski. Satin wished both former councilmember Stu Clark and Utilities Engineer Dave Calvert speedy recoveries from their recent operations. Satin noted that the December 5 Christmas train was great fun and thanked all those who put a lot of effort into making the event such a success. CITIZENS' COMMENTS City of Seward, Alaska City Council Minutes December 14, 1998 Volume 34, Page 169 Patrick Sterling, Seward Boat Harbor, expressed concern about the potential for a portion of the 3.1 million dollars the State proposes to give to the City in connection with the transfer of the harbor facilities will be used to fund expansion of the current harbor. Sterling stated that all of this money should be used to maintain and improve the current facilities. Dave Crane, 429 Second Avenue, on behalf of the Alaska SeaLife Center Board of Governors, thanked the City of Seward for their support this evening. He noted that the Discovery Shop gift store in the SeaLife Center exceeded projected revenues and that the facility reached 85% of its visitor goal through October 31 and 93% of its visitor generated revenues. Crane noted that nearly 6,000 kids have gone through the center and he listed numerous ongoing research projects. He encouraged the Council to look at their website, www.alaskasealife.org, which was developed with the assistance of a $54,000 grant. Jim Collman, 609 Fourth Avenue, expressed concern about the potential loss of parking spaces with the proposed lease expansion ofthe Gateway Texaco station and recommended the lessee be charged an annual fee which recognizes this lost parking area. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Orr stated that he appreciated Collman's concerns, but added that the City will make 3 cents on every dollar that Pruitt generates. Satin said that he was looking forward to future Alaska SeaLife Center success stories, such as the recent success stories which Crane noted. ADJOURNMENT The meeting was adjourned at 10:25 p.m. Patrick Reilly City Clerk Lowell R. Satin Mayor (City w t S t