HomeMy WebLinkAbout1986 City Council Minutes
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only 35, but he felt they were referring to the nunber of rrembers
present at a particular rreeting and not the total rrembership of the
Association. Murphy stated that she would check with the individuals
narred and would adjust the minutes if warranted. (A later check of the
meeting tape revealed that Cripps and Nelson were referring to the
members present at one particular meeting.)
THE QUESTION WAS CALLED AND THE IDrION PASSED UNANIIDUSLY.
V. APPROVAL OF CONSENT CALENDAR AND RffiULAR MEEITING AGENDA:
Meehan requested the addition of Agenda Item No. XI (C) -- A
report on the Electrical utility. Scholl asked that Consent Calendar
Items No. 1 and 9 be rroved to the regular neeting agenda as Items No.
XI (D) and XI (E) . Gieseler requested the addition of Agenda Item No.
IX(C) (1) -- Proposed Resolution No. 86-6, approving the sale of gravel
to Sanwhan Corporation.
SIMUTIS IDVE!) TO APPROVE THE REGULAR MEEITING AGENDA AND THE
CONSENr CALENDAR AS AMENDED; THE mrlrn WAS SECONDED BY SCHOLL AND
CARRIED WITH SIX "YES" VOI'ES AND HILTON ABSTAINING ON CONSENT CALENDAR
ITEM NO. 2 (RESOLUTION NO. 86-2, PERMI'ITING SGH EMPIDYEES TO PARTICIPATE
IN PERS) . The follONing actions were taken:
1. r-bved to Regular r-~ting Agenda Item No. XI (D).
RESO/PERSONNEL/
HOSPITAL:
2. Resolution No. 86-2, authorizing an amendrrent to the
participation agreerrent of the City permitting the
employees of Seward General Hospital to participate ln
the Public Thlployees Retirerrent System, was approved and
filed;
RESO/STATE OF AK: 3.
Resolution No. 86-3, requesting a legislative mandate
that state owned and operated roarine vessels be main-
tained within the State of Alaska, was approved and file;
PERSONNEL/RESO: 4.
Resolution No. 86-4, requiring the development and
implerrentation of a safety belt policy for City errploy-
ees, was approved and filed;
RESO/SCHOOLS:
5.
Resolution No. 86-5, congratulating Audra Mai for her
perfonnance on the National Merit Scholarship Test, was
approved and filed;
C.ATTY:
6. Invoices for attorney bills as follONs were approved for
payrrent and filed:
a. Baily & Mason, Noverrber 1985, $682.49, and
b. HTGP&B, November 1985, $74,850.l4;
C. COUNCIL:
7.
CoIqJensation for rrembers of Council for travel outside
the City as follONs was approved for payrrent and filed:
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a. Mayor Gieseler -- $700.00, and
b. Councilrrember Meehan -- $600.00;
CON-l!:L:
8.
Change Order No.2, CCC Architects, extending the con-
tract period through January 3l, 1986, was approved and
filed;
9. MJved to Regular Meeting Agenda Item No. XI (E);
ABCB:
lO. Applications for renewal of ABCB licenses as filed by
Seward Trading Corrpany, Thorn IS Sho.vcase Lounge, Dream-
land Bo.vl and the Arrerican Legion Post No.5, were filed
without objection;
GAMES OF SKILL
& CHANCE
l1. Applications for permits for ganes of chance and skill as
filed by Mt. Marathon Native Association and the Arrerican
Legion Auxiliary #5, were filed without objection;
BLDG DEPT/
PERMITS:
l2. 1985 Building Permit Report as filed by Building Inspec-
tor Bob Ferguson was noted for information and filed; and
13. Annual report as filed by Seward Fisheries relative to
expenditures for maintenance of the Small Both Harbor
Dock was noted for information and filed.
At the request of the City Manager, GILLESPIE M:>VID 'ID MEET IN
EXECUTIVE SESSION nt-lEDIATELY FO:Ll.a'ITNG THE CLOSE OF REGULAR BUSINESS IN
ORDER 'ID DISCUSS IABOR NEGOrIATIONS; THE MJI'ION WAS SECONDED BY MEEHAN
AND CARRIED UNANIMXJSLY.
VI. BOROUGH ASSEMBLY REPORr:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall was not present and no report was given.
VII. PUBLIC HEARINGS:
A. Proposed trade of lease interest between Russ Pace and
Dean Iilst -- Public hearing was cancelled at the request of Dean Lust.
B. Proposed lease of property to the Alaska Railroad
Public hearing was cancelled at the request of the Alaska Railroad.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
l. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AIASKA, AMENDING CHAPTERS
6 AND 11 OF THE CITY CODE BY ADOPrING
NEWLY REVISED UNIFORM CODES.
SCHOLL MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 554; THE
MOrICN WAS SECONDED BY SIMUTIS AND CARRIED UNANIM)USLY. (Public hearing
was set for January 27, 1986.)
2. Copies having been mde available to the public,
Gieseler noted by ti tle only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY
CITY OF SEWARD, AIASKA,
LCCAL HIRE PREFERENCE.
COUNCIL OF THE
PROVIDING FOR
GILLESPIE MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 555; THE
MOrICN WAS SECONDED BY SCHOLL.
At the request of Hilton and Gillespie, Arvidson stated that
he would prepare an arrendJrent to the ordinance prior to the January 27,
1986, neeting which would define "local resident".
FollCJloling further discussion, THE QUESTION ~1AS CALLED AND THE
MOrICN PASSED UNANIM)USLY. (Public hearing was set for January 27,
1986. )
B. Ordinances for Public Hearing and Enactrrent:
None
C. Resolutions:
RESO/CON-\S'I: 1. Copies having been mde available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AIASKA, APPROVING THE SALE
OF GRAVEL TO SAMWHAN AMERICA CORPORATICN
WITHOOT UTILIZATION OF THE BIDDING PRCx:E-
DURES.
SCHOLL M:>VED TO APPROVE RESOLUTICN NO. 86-6; THE MJTION WAS
SECONDED BY SIMUTIS.
In response to a question from Gillespie, Garzini explained
that the City had no :i.rmediate use for the stockpiled gravel and that
there was an i1m'ediate need for it at the prison =nstruction site.
Marty Grossrran, Project Manager for the State Depart:nent of Transporta-
tion and Public Facilities, stated that the City had approximately
l74,000 cubic yards of gravel stockpiled near the construction site at
this tirre. Sanwhan had an i1m'ediate need for l50,000 cubic yards,
leaving a reserve of nearly 25,000 cubic yards. In response to a
question from Scholl, Garzini explained that the City had paid Chris
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Berg $1. 52/cubic yard to dredge and place the gravel there. Sanwhan
would be paying $2.00/cubic yard for any gravel used on the project.
THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANIIDUSLY.
X. UNFINISHED BUSINESS:
CIP: A. GILLESPIE mVED TO APPROVE THE CAPITAL IMPOOVEMENTS PLAN
SUBMI'ITED BY THE CITY MANAGER FOR THE YEARS 1986 - 1990; THE MJI'ION WAS
SECONDED BY SIMUTIS.
In response to a question from Scholl, Garzini explained that
Wesleyan Nursing Harre had been added to the CIP. Booher stated that the
Council should devise sane way of rating projects. Gieseler responded
that he had received materials explaining project-rating at the Mayors'
meeting during the AML conference and would make those materials avail-
able to the Council.
THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANIMJUSLY.
TRADE BOARD: B. SCHOLL MJ\1ED TO RECCNSIDER A MJI'ION TO ENACI' PROPOSED
ORDINANCE NO. 553 WHICH WAS DEFEATED FIT THE DECEMBER 9, 1985, REGULAR
MEEI'ING OF THE CITY COUNCIL; THE MJI'ION WAS SECONDED BY SIMUTIS AND
CARRIED UNANIIDUSLY. (This was the last regular meeting, and Scholl had
voted on the prevailing side.)
Scholl explained that after further study, he was ready to
support the ordinance. Gieseler explained that the proposed ordinance
was primarily "housekeeping" in nature, adding that it would shorten the
narre of the board to the Trade and Comrerce Advisory Board, would
increase the number of members to 7, shorten the tenns of office to 3
years, and eliminate the Sister City Program from its list of respon-
sibili ties.
THE QUESTION WAS CALLED ON '!HE MJI'ION TO ENACI' ORDINANCE NO.
553 AND THE MJI'ION PASSED UNANIMJUSLY.
XI. NEW BUSINESS:
A. SIMUTIS M)VEJJ TO FOLLCW THE REXXM1ENDATION OF THE CITY
CLERK 'lQ ISSUE A LEITER 'lQ THE ALCOHOLIC BEVERAGE CCNI'ROL BOARD TO
MJNI'roR THE YUKON BAR'S DISPENSARY LICENSE; THE MJI'ION WAS SOCONDED BY
HIL'Irn.
At the request of Gillespie, Bill r-tLinn, owner of the Yukon
Bar, appeared before the Council and asked that this question be tabled
until January 27, 1986, in order to allow his attorney to be present to
answer any questions the Council might have. Scholl stated that he
would support a postponerrent of the issue, but felt that the adminis-
tration's recOl11lendation was on the light side and would prefer to issue
a letter of objection to renewal of the license if the allegations
proved to be true.
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MEEHAN MOVED ro TABLE CONSIDERATION OF THE MJI'ION UNI'IL
JANUARY 27, 1986; THE MJI'ION WAS SECONDED BY GILLESPIE AND CARRIED
UNANIM:USLY.
ZONING REGU- B. MEEHAN IDVED ro ADOPT THE PROPOSED REVISIONS 'IO THE
LATIONS: PARKIN; S~ION OF THE SEWARD ZONING CODE; THE MJI'ION WAS SECONDED BY
BOOHER.
In response to a question from Gillespie, Administrative
Assistant Kerry Martin stated that property o.vners would still be able
to develop 6000 sq. ft. lots for 4-plexes if they were innovative.
THE QUESTION WAS CALLED AND THE r--mIOO PASSED UNANIM:USLY.
(The Council's reconnendation to adopt the proposed new parking pro-
visions would now be forwarded to the Borough Assembly for approval.)
C. Jack Anderson, Utilities Engineer, appeared before the
Council and explained that the recent paver outages had been caused by
severe line icing. He noted that the new power line is not losing power
as the older line did, and consequently was not emitting the heat that
prevented icing in the past. Anderson added that there was no way to
avoid outages given the type of terrain which the line must traverse and
the type of weather this area typically experiences. However, the tirre
required to locate the problem areas and correct them (thus restoring
power) should be shortened with the addition of reclosing conductors at
the substations and switches at strategic points along the line. Scholl
noted his appreciation for the hard work of the linemen during the
recent outages.
RESO/RE-OS'\-: D. Copies having been made available to the public, Gieseler
noted by title only a proposed resolution entitled:
A RESOlllTION OF THE CITY CDUNCIL OF THE
CITY OF SEWARD, AIASKA, AUTHORIZING A
SHORI' TERM LEASE OF LAND WITHIN THE SEWARD
MARINE INDUSTRIAL CENTER AT LESS THAN FAIR
MARKEr VALUE 'IO T.A. "RED" ARLEDGE OF RED
AND DON' S proPELLER SERVICE.
MEEHAN IDVED ro APPROVE RESOlllTION NO. 86-1; THE MJI'ION WAS
S:ocONDED BY BOOHER.
Scholl suggested that the City devise a developrent plan for
the Seward Marine Industrial Center (SMIC) prior to leasing any rrore
property in the area. Garzini explained that, prior to developing such
a plan, a main tenant would have to be found so that the tenant's needs
could be ascertained. He noted that the proposed lease with Red and
D:m's Propeller Service was a temporary one and that the site chosen for
this temporary lease was the site nearest the closest power. He added
that, once a main tenant was selected, Red and Don' s would be interested
in negotiating a long-tenn lease either with the City or with the main
tenant.
THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANIMOUSLY.
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E. SCHOLL MJIJED TO ISSUE A IEITER OF OBJECTION TO THE
RENEWAL OF SEWARD'S FOLLY'S LIQUOR LICENSE; THE MOrION WAS SEXXlNDED BY
J3CX)HER.
Scholl stated that he had 3 objections to the renewal of
Seward's Folly's two liquor licenses: l) the package store license has
been inactive for rrore than one year; 2) the a.vner of Seward's Folly
(Russ Pace) has not net the requirerrents under one of his leases with
the City and should be considered in default; and 3) the a.vner has not
paid borough and city sales tax since the beginning of his operations in
Seward. Gillespie objected to Scholl's reasoning and stated that the
inactivity of the package store license and the a.vner's lease problems
with the City should have no bearing on the City's recamendation to the
ABCB. Scholl added that it was proper for the City to be concerned
about all aspects of an operation in the business of dispensing alcohol.
THE QUESTION WAS CALLED AND THE MOrION FAILED WITH SIX "NO"
VOlES AND SCHOLL VarING "YES".
ABCB:
MEEHAN MJVED TO ACCEPT THE CLERK'S RECrnMENDATION TO RFX;1UEST A
30-DAY EXTENSICN FRCM THE ABCB IN WHICH TO PROI'EST THE ISSUANCE OF THE
LICENSE IN ORDER TO AJ..LaV TIME TO PURSUE CO~ION OF DELINQUENT TAXES;
THE MJrION WAS SOCOODED BY BOOHER AND CARRIED UNANIM:XJSLY.
XII. CITY MANAGER REPORI'S:
None
XIII.
COUNCIL DISCUSSION:
GILLESPIE asked the administration to schedule a public
hearing for the next rreeting to discuss whether city employees can serve
on the Council and to define the role of hospital employees. He also
asked that this issue be placed under "New Business" for Council dis-
cussion. Gillespie also asked the status of the Ferry's attempts to get
City po.ver when in port. Garzini promised to have a written report to
the Council at the next rreeting. In response to another question frc:.m
Gillespie, Garzini stated that the boat rarrp was scheduled to be re-
paired this Spring, noting that the Harbornaster had budgeted for these
repairs in the FY86 budget. Gillespie then asked that the adminis-
tration begin enforcing the 72-hour parking regulation in the Boat
Harbor.
SCHOLL stated that he had submitted his resignation to the
Hospital Board and asked the administration to write to the Association
asking for nominees to fill his vacant position.
BJOHER asked if the Council was to get a report on needed
inproverrents as recomrended in the audit. He also requested a quarterly
budget report. Garzini explained that a ~-year report would be out next
week and promised to get copies to the Council with a written analysis.
Booher stated that it was tine to develop an evaluation process for the
City Manager, City Clerk and City Attorney. Gieseler stated that the
Clerk had ordered evaluation forms and procedures frc:.m several other
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ccmnunities within the State. The Mayor then appointed Booher, ~ehan
and S:im.1tis to a cornnittee to devise a schedule and procedures for
evaluation of the Council's employees.
SCHOLL apologized for his language earlier in the rreeting.
XIV. CITIZENS I DISCUSSlOO:
BOB VAIDATI'A, 528 Fifth Avenue, corrrrented that Red and Don's
Propellers was a good business and should be given a good place at the
SMIC. He also stated that the $300,000 realized from the sale of gravel
to Sarrwhan should go back into the SMIC and not into the General Fund.
Finally, Valdatta stated that the City should dedicate a road to the
lDuisianna Pacific/Railroad property.
WAVIER CHRIS'IDLEAR, Apartrrent No.6, Bro.vn and Hawkins, asked
about the status of the Chemical Bank contract. He also conmented on
the need for a 200-ft. RCW exclusion bordering wetlands and drug use
within the City.
BOB LEARY, Mile 19.5, Seward Highway, spoke at length about
the recent electrical outages.
YN. COUNCIL AND ADMINISTRATICN RESPONSE 'ID CITIZENS' CCM1ENTS:
I
GARZINI stated that he was quite happy with Chemical Bank I S
perfonnance during the last m:mth, adding that the City was receiving
lOO% effort at this time.
BOOHER expressed his support for locating the Propeller shop
at the SMIC.
GIESELER reported that he had visited the Dock during the past
week and had been told by representatives of Sohio that they are very
happy with the job being perfo:arecl by the Seward longshorenen.
YNI. ADJOURNMENT:
The rreeting was adjourned at 9:35 p.m., and after a short
recess, the Council reconvened in Executive Session to discuss labor
negotiations.
;A'
.' Z I t.LA ('-' "
% I L- ~t~~t...
~ . Gieseler
:/
Mayor
L
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VOLUME 2l
I. CALL TO ORDER:
The January 27, 1986, regular rreeting of the Seward City
Council was called to order at 7: 30 p.m. by Mayor Harry E. Gieseler.
II. OPENING CERE1mY:
Councilnerrber Booher led the pledge of allegiance to the flag.
III. roLL CALL:
Present were: Mayor Gieseler and Councilmarrbers Booher, Gil-
lespie, Hilton, M=ehan and Scholl (Counci1.rrem-
ber Sirrutis was absent with Council consent)
Present also: City Manager Garzini, Deputy City Manager
Schaeferrreyer, City Attorney Arvidson and City
Clerk Murphy
SPEX:IAL ITEMS:
A. Gieseler introduced Junior Councilmarrber Casey MJo and
presented him with a City pin.
PERSONNEL (EIP): B. Gieseler presented a $500 special rrerit award to Adminis-
trative Assistant Kerry Martin and ccmrended him for his role in devel-
oping the City's revised Conprehensive Use Plan.
PROCLAMATIONS: C. Gieseler proclaimed January 27, 1986, Jack Werner Appre-
ciation Day and had the Clerk read the proclanation into the record.
Gieseler noted that Werner had devoted rrany years to public service both
to the City of Seward and the State of ALaska and added that this
Council rreeting was to be dedicated to him.
IV. APPROVAL OF MINUTES:
MEEHAN M)VEl) TO APPROVE THE JANUARY l3, 1986, MINUTES AS
WRITl'EN; THE M:fI'ION WAS SECONDED BY BCDHER.
Scholl asked that the minutes be amended to reflect the
special reports requested by ~ehan (report on electrical outages) and
Scholl (report on electrical projects included in the City's five-year
CIP). The Clerk stated that she would amend the minutes to reflect
these additions.
THE QUESTION WAS CALLED AND THE M:fI'ION TO APPROVE THE MINUTES
PASSED UNANIMJUSLY.
V. APPROVAL OF crnSENT CALENDAR AND REGULAR MEEI'ING AGENDA:
Booher requested the addition of Item No. XII (A) --Peport from
the City on Crirre Statistics--to the regular rreeting agenda.
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C.ATTY:
FINANCE DEPT:
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Scholl asked that Consent Calendar Item No.6-Liquor license
renewals--be rroved to the regular rreeting agenda as Item No. XI (E) .
Schaeferrreyer requested the addition of five resolutions under
Agenda Item IX(C) as follows:
2. Proposed Resolution No. 86-9, authorizing the fomation
of an assessment district to be narred "Paving District 86-l";
3. Proposed Resolution No. 86-l0, authorizing the fomation
of an assessment district to be named "Sanitary Sewer District 86-2";
4. Proposed Resolution No. 86-11, authorizing the fomation
of an assessment district to be narred "Sanitary Sewer Trunk District
86-3";
5. Proposed Resolution No. 86-l2, authorizing the fomation
of an assessment district to be narred "Offsite Watemain Extension
District 86-4"; and
6. Proposed Resolution No. 86-l3, authorizing the fomation
of an assessment district to be named "Area Wide Inproverrent District
86-5".
SCHOLL MJVED 'ID APPROIlE THE RmJLAR MEETING AGENDA AND THE
CCNSENT CALENDAR AS AMENDED; THE IDl'ICN WAS SErONDED BY HIL'IDN AND
CARRIED UNANIM)USLY. The following actions were taken:
1. Resolution No. 86-7, urging the U.S. Post Office to
locate three nail boxes within the City of Seward, was
approved and filed;
2.
December 1985 invoice from Baily and Mason for legal
services totalling $28l.l5 was approved for payrrent and
filed;
3.
Finance Department's lists of accounts payable totalling
$l,3l0,779.63 (Ol/l5/86) and $l,680,959.04 (01/lO/86)
were approved for payrrent and filed;
GRANTS/LOCAL ORGS:
EASEMENTS:
(T-Line)
I GAMES OF
SKILL:
4.
Seward Federated W::.rren' s Club request for funds for
sumrrer beautification project was approved and a sum not
to exceed $500 was appropriated for disburserrent as
needed;
5.
A request for authorization to purchase an easerrent from
F. Stevens, Delores McFarland Subdivision, for the sum of
$250 (for Transmission Line right-of-way) was approved
and filed;
6.
MJVED 'ID REGULAR MEEl'ING AGENDA, ITEM NO. XI (E); and
CHANCE &
7.
Applications for permits for garres of chance and skill as
filed by Seward Rebekah lodge 6A, Wes-Gen Hospital
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Auxiliary, Marathon Horrenakers, Seward High School and
Sacred Heart Parish, were filed without objection.
VI. BOROUGH ASSEMBLY REPOR!':
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall reported on the Janua:ry 2l neeting of the KPB Assembly.
VII. PUBLIC HEARINGS:
PH (Assmts): A. (1) Notice of public hearing as posted and published by
law to detennine if a proposed assessrrent district to be named "Paving
District 86-l" was in the public interest and necessary was noted and
the public hearing was opened; no one appeared in order to be heard and
the public hearing was closed.
PH (Assmts): (2) Notice of public hearing as posted and published by law
to detennine if a proposed assessment district to be named "Sanitary
Sewer District 86-2" was in the public interest and necessary was noted
and the public hearing was opened.
WALTER arRIS'IDLEAR, Apartrrent No.6, BrCMIl & Hawkins Apart-
rrents, asked the location of the proposed district. Diener (Engineering
& Utilities Manager) explained that it was located behind Bayview
Addition.
No one else appeared in order to be heard and the public
hearing was closed.
PH (Assmts):
(3) Notice of public hearing as posted and published by law
to detennine if a proposed assessment district to be named "Sanitary
Sewer Trunk District 86-3" was in the public interest and necessa:ry was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
PH (Assmts):
(4) Notice of public hearing as posted and published by law
to detennine if a proposed assessment district to be named "Offsite
Watenrain Extension District 86-4" was in the public interest and
necessa:ry was noted and the public hearing was opened; no one appeared
in order to be heard and the public hearing was closed.
PH (Assmts):
(5) Notice of public hearing as posted and published by law
to detennine if a proposed assessment district to be narred "Area Wide
Irnpraverrent District 86-5" was in the public interest and necessary was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
PH:
( OCEANVIEW
SUB): B. Notice of public hearing as posted and published by law
relative to a proposed long term lease of land within Block 6, Oceanview
Subdivision, from the Alaska Railroad Corporation to the City of Seward
and a subsequent sublease to the U. S. Coast Guard for the purpose of
developing and maintaining a vessel support operations center at 1320
Fourth Avenue (present site of the Coast Guard building), was noted and
IpH
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the public hearing was opened~ no one appeared in order to be heard and
the public hearing was closed.
(Personnel) : C. Notice of public hearing as posted and published by law
relative to the qualifications for service on the City Council, includ-
ing the rights of City employees to serve on the Council, the role of
hospital employees within the City service and whether those employees
are exempt from serving on the City Council under current City law was
noted and the public hearing was opened.
W.C. CASEY, 702 Third Avenue, stated that Section 2.3 of the
City Charter does not allON a Councilnember to accept a job with the
City until one year follONing the termination of his service on the
Council unless this requirem2l1t is waived by a rrajority vote of the
remaining Councilnanbers. He noted that Council had granted an exerrp-
tion in the past, but that particular position was an "existing" posi-
tion and had not been "created" while the Councilnember was serving.
Casey further stated that he felt that all nonsupervisory and nonconfi-
dential employees should be allONed to serve on the Council. He added
that he objected to allONing sorre employees to serve on Boards of
organizations which received grants from the City while other employees
were barred fran sitting on the Planning Commission.
WALTER CHRIS'TOLEAR, Brown & Hawkins Apartrrents, stated that
City employees should not be allONed to serve on the Council.
No one else appeared in order to be heard and the public
hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND REsoLurlrns:
A. Ordinances for Introduction:
l. Copies having been rrade available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AMENDING SECl'ION
l7-13 (B) OF THE CITY CODE RELATIVE 'TO
MILEAGE REIMBURSEMENT FOR TRAVEL ON CITY
BUSINESS.
MEEHAN MJVED 'TO INTRODUCE PROPOSED ORDINANCE NO. SS6~ THE
IDrION WAS SEx::ONDED BY HILTCN.
In response to a question from Scholl, Schaefenreyer stated
that the City w::>uld realize sorre cost savings by reimbursing at the rate
allowed by the IRS (currently 2l<::/mile as opposed to the City's rate of
3S<::/mile) and in addition w::>uld avoid the paperwork involved in report-
ing anything in excess of 2l<::/mile to the IRS as incorre.
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VOLUME 2l
THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANIM:>USLY.
Public hearing was scheduled for February lO, 1986.
B. Ordinances for Public Hearing and Enacbrent:
ORD/C CODE/BUILDING/FIRE: 1. Copies having been made available to the public,
Gieseler noted by title only a prq;osed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AMENDING CHAPI'ERS
6 AND 11 OF THE CITY CODE BY ADOPI'ING
NEWLY REVISED UNIFORM CODES.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
In response to a question from BRAD SNG'IDEN, 525 Sixth Avenue,
Murphy explained that the various unifonn codes (building, plumbing,
fire, etc.) are revised every three years and that the City Code had to
be updated as the unifonn codes are revised so that the City is operat-
ing under currently accepted standards.
No one else appeared in order to be heard and the public
hearing was closed.
MEEHAN MJVED 'ID ENAcr ORDINANCE NO. 554; THE MJI'ION WAS
SOCONDED BY SCHOLL.
In response to a question from Scholl, Diener explained that,
for those projects approved and issued permits prior to adoption of this
ordinance, the Unifonn Codes in effect prior to adoption of the ordi-
nance 'WOuld govern.
THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANlM)USLY.
ORD/LOCAL HIRE:
2. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, PROVIDING FOR
LOCAL HIRE PREFERENCE.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
GILLESPIE IDVED 'ID ENACl' ORDINANCE NO. 555; THE MJI'ION WAS
SECONDED BY HILTON.
Scholl stated that he was disappointed that the public had
failed to participate in the public hearing on this irrportant issue and
suggested that a second public hearing be scheduled prior to Council
action. Hilton noted the recent Alaska Suprerre Court decision holding
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REGULAR MEEI'ING - JANUARY 27, 1986
VOLUME 2l
I
the State local hire law to be rmconstitutional. He added that it might
be "foolhardy" for the City to adopt a local hire ordinance at this
tille. Hilton further noted that the legislature is =rently working on
new local hire legislation and suggested that the City postpone action
on this issue rmtil a new state law could be drafted and approved. In
response to a question from Hilton, Arvidson stated that the cost for
defending a local hire ordinance, if tested, would probably total $20-30
Thousand. Booher con=red with Hilton and suggested that the Cormcil
defer action rmtil the end of the State legislative session.
Gillespie objected to waiting, stating that it was ilrportant
that action be taken irnrediately to avoid missing the 1986 contract
season. He added that, since this ordinance was not a "tight" one
(local hire figures would be figured on a case-by-case basis), its
chances of passing Suprerre Court scrutiny were good. Meehan agreed that
the ordinance was "soft" but stated that he preferred to wait rmtil the
Legislature took action on a new state law before proceeding further.
I
Scholl suggested that the City test this concept on small
projects using the RFP process. Garzini explained that, while the City
could use this approach when spending City dollars, rrost City contracts
are financed with State rroney and would have to be c:orrpetitively bid.
Hilton stated that testing on small projects would not provide the
legislative test needed to detennine if the ordinance is constitutional.
Scholl agreed, but stated that the City's intent all along had been to
"get people working" and this sort of test would accorrplish this aim.
Following further discussion, MEEHAN IDVED TO POSTPONE AcrION
UNTIL THE NEXT REGULAR COUNCIL MEETING FOLLCWING THE ADJOURNMENT OF THE
LEx:;ISIATURE Nr WHIO:! TIME A SECOND PUBLIC HEARING IS TO BE cnNDUCl'EDi
THE IDI'ION WAS SECONDED BY HILTON AND UNANnoUSLY CARRIED.
C. Resolutions:
RESO/OCEANVIEW SUB: 1. Copies having been nade available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, PROVIDING FOR THE
ACQUISITION OF A PARCEL OF lAND FRCM THE
ALASKA RAILROAD AND SUBSD;PENr SUB-LEASE,
AIDNG WITH CITY PROPERrY, TO THE U. S.
COAST GUARD FOR A SHORE SUPPORI' FACILITY
WITHIN BLCa< 6, OCEANVIEW SUBDIVISION.
MEEHAN MOVED TO APPIDVE RESOLurION NO. 86-8; THE IDrION WAS
SEX:DNDED BY GILLESPIE AND CARRIED UNANnoUSLY.
NOI'E: The rreeting was recessed at 8:47 p.m. and reconvened at 9:00 p.m.
I
2. Copies having been nade available to the public and
distributed to the Cormcil prior to the start of the rreeting, Gieseler
noted by title only a proposed resolution entitled:
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REI:ULAR MEEI'ING - JANUARY 27, 1986
VOLUME 2l
RESO/ ASSMTS:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, DEl'ERMINING TO
PROCEED WITH A SPECIAL IMPROVEMENT DIS-
TRIer CALLED PAVING DISTRIer 86-l.
HILTON MJVED TO APPROVE RESOLUTION NO. 86-9; THE M)'l'ION WAS
SOCONDED BY MEEHAN AND CARRIED WIlli FIVE "YES" VOl'ES AND GILLESPIE
ABSTAINING.
NarE: Gillespie stated that, as a partner in Gateway Ventures, he would
be abstaining from action on all proposed assessrrent districts.
RESO/ASSMTS: 3. Copies having been made available to the public and
distributed to the Council prior to the start of the neeting, Gieseler
noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, DETERMINING TO
PROCEED WITH A SPECIAL IMPROVEMENT DIS-
TRIer CALLED SANITARY SEWER DISTRIer 86-2.
MEmAN MJVED TO APPROVE RESOLurION NO. 86-l0; THE M)'l'ION WAS
SECONDED BY HILTON.
Diener posted drawings shOW'ing the location of all five
proposed i1rpraverrent districts. He stated that the administration had
rerroved Hernan Leirer from the Sewer Assessrrent Districts since his
property could not benefit from the i1rpraverrents.
THE QUESTION WAS CALLED AND THE M)'l'ION CARRIED WITH FIVE "YES"
VarES AND GILLESPIE ABSTAINING.
RESO/ASSMTS: 4. Copies having been made available to the public and
distributed to the Council prior to the start of the neeting, Gieseler
noted by ti tle only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, DEI'ERMINING TO
PROCEED WITH A SPECIAL IMPROVEMENI' DIS-
TRIer CALLED SANITARY SEWER TRUNK DISTRIer
86-3.
HILTON M:>VED TO APPROVE RESOLUTION NO. 86-11; THE M)'l'ION WAS
SECONDED BY SCHOLL AND CARRIED WITH FIVE "YES" VarES AND GILLESPIE
ABSTAINING.
RESO/ ASSMTS:
5. Copies having been made available to the public and
distributed to the Council prior to the start of the neeting, Gieseler
noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, DETERMINING TO
PROCEED WITH A SPOCIAL IMProVEMENT
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REGULAR MEEI'ING - JANUARY 27, 1986
VOLUME 2l
I
DISTRICI' CALLED OFFSI'IE WATERMAIN EXTEN-
SION DISTRICI' 86-4.
SCHOLL MJVED 'TO APPROVE RESOImION NO. 86-l2: THE IDrION WAS
SECONDED BY HIL'KN AND CARRIED WIlli FIVE "YES" VOI'ES AND GILLESPIE
ABSTAINING.
RESO/ ASSMTS: 6. Copies having been rrade available to the public and
(Reso failed)distributed to the Council prior to the start of the rreeting, Gieseler
noted by title only a proposed resolution entitled:
A RESOImION OF THE CI'lY COUNCIL OF THE
CI'lY OF SEWARD, ALASKA, DEI'ERMINING 'TO
PROCEED WITH A SPECIAL IMPOOVEMENT DIS-
TRICI' CALLED AREA WIDE WATER IMPROVEMENT
DISTRICI' 86-5.
HIL'TON MJVED 'TO APPROIlE RESOLUTION NO. 86-13: THE IDrION WAS
SECONDED BY SCHOLL.
Meehan noted a letter of objection which had been received
from the Kenai Peninsula Borough. Diener explained that the school
property was located within the proposed district.
I
Schaefermeyer stated that the administration reccmrended that
this assessrrent district not be approved since the inproverrents tended
to benefit the City as a whole and not anyone particular area.
Following discussion, THE QUESTION WAS CALLED AND THE IDrION
FAILED 'TO CARRY WITH SCHOLL VarING "YES": PDOHER, HIL'KN AND MEEHAN
VarING "NO": AND GIESELER AND GILLESPIE ABSTAINING.
NOl'E: Gieseler had been included in the City's original proposed
assessrrent district: therefore he abstained from voting on this resolu-
tion.
X. UNFINISHED BUSINESS:
ABCB:
A. Action on an application for renewal of a beverage
dispensary license from the Alcoholic Beverage Control Board as filed by
the Yukon Canoe Bar was postponed from the January 13, 1986, rreeting.
The notion before Council was as follows:
THAT THE COUNCIL AlYI'HORIZE THE CI'lY CLERK 'TO ISSUE A LEITER RE-
QUESTING THAT THE ABCB CIDSELY MJNI'TOR THE YUKON CANOE BAR AND
INFORM ITS CWNERS THAT ANY FURl'HER VIOIATIONS SHALL RESULT IN THE
REVOCATION OF THE BAR'S LICENSE 'TO DISPENSE ALCOHOLIC BEVERAGES.
I
Meehan stated that a recent letter from the ABCB indicated
that the ABCB had dealt with the rrajor problem (license infractions) and
therefore action by the City was not needed. Scholl suggested that the
City send a letter to the ABCB con=ring with its actions and noting
appreciation for its diligence. Gillespie disagreed, stating that any
action by the City would be =nsidered a "black mark" on the Yukon's
126
ABCB:
TRADE BOARD:
PAGE l26
REGULAR MEEI'ING - JANUARY 27, 1986
VOLUME 2l
license. He suggested sending a letter of nonobjection to the renewal
to the ABCB. Booher agreed with Scholl and stated that he could see no
problem with a letter concurring with the ABCB's actions. ~ehan
objected, stating that no action on the part of the Council had the sarre
effect as a letter of concurrence.
THE QUESTION WAS CALLED ON THE MAIN MJI'ION (see above) AND THE
MJI'ION FAILED TO CARRY WITH FIVE "NO" varES AND SCHOll.. VarING "YES".
GILLESPIE M)VED TO ISSUE A LEI'I'ER OF NONOBJECI'ION TO THE ABCB
TO THE RENEWAL OF THE YUKON BAR'S BEVERAGE DISPENSARY LICENSE; THE
MJI'ION WAS SEX:ONDED BY l3CaffiR AND CARRIED WITH FIVE "YES" VOI'ES AND
SCHOll.. varING "NO".
B. NOI'E: At its regular rreeting of January 13, 1986, the
Council had requested a 30-day extension in which to respond to an
application for renewal of a beverage dispensary license and a package
store license as filed by Seward's Folly in order to give the Borough
and the City a chance to pursue collection of delinquent sales and
property taxes.
January 22, 1986, rrerrorandum from Murphy recOIl'lleIlding that the
Council issue a letter of nonobjection to the renewal of Seward's
Folly's liquor licenses was noted. Murphy explained that to date, all
personal property taxes were current and Mr. Pace had entered into a
repayment agreerrent with the Borough for delinquent sales taxes and had
made a substantial initial payment towards settling that debt.
GILLESPIE M)VED TO INSTRUcr THE CLERK TO ISSUE A LEI'I'ER OF
NOOOBJECI'IOO TO THE ABCB TO THE RENEWAL OF SEWARD'S FOll..Y' S LIQUOR
LICENSES; THE MJI'ION WAS SECONDED BY MEEHAN AND CARRIED UNANIIDUSLY.
C. January 23, 1986, rrerrorandum from Murphy and attached
applications of individuals interested in serving on the Seward Trade
and Cormerce Advisory Board was noted. Murphy explained that three
seats were available and that applications had been received from Harry
J. Drew, Stanley J. Lemas, Dale R. Lindsey, Madel yn Yerden-Walker, and
John Woodruff. She further explained that the top two vote-getters
It.Duld be appointed to teIIllS expiring in November 1988, with the next
high vote-getter's tem expiring in November 1987. (This was to assure
that, as nearly as possible, an equal number of vacancies would occur
each year.)
After a secret ballot, it was armounced that the top two
vote-getters were Dale Lindsey and Sharon Anderson, with Cripps and
WOOdruff tying for third place. A :run-off vote failed to break the tie.
Therefore, the Clerk was instructed to schedule action to fill the third
seat on the next regular agenda. Murphy was also instructed to ask
Cripps and W:Jodruff to be present to an5Wer any questions the Council
might have.
XI. NEW BUSINESS:
1?7
PAGE l27
REGULAR MEETING - JANUARY 27, 1986
VOWME 2l
IP&Z:
A. January 23, 1986, rrerrorandurn fran Murphy relative to the
three vacancies on the Seward Advisory Planning and Zoning Corrrnission
with attached applications fran Harry J. Drew, Larry Johnson, Roland J.
"Pete" Peterson, Brad Snowden and John Woodruff, was noted. Following
the casting and counting of a secret ballot, it was announced that
Johnson, Peterson and Woodruff would be appointed to three-year terms on
the Ccmnission.
RADIO (KRXA): B. January 2l, 1986, rrerrorandurn fran M.lrphy recorrrrending a
6-rronth extension with KRXA Radio for the broadcast of Conncil rreetings
was noted.
SCHOLL MJVED 'ID EXTEND THE KRXA CONTRACT FOR THE BROADCAST OF
COONCIL MEEI'INGS UNTIL JUNE 30, 1986; THE M:lI'ION WAS SECONDED BY MEEHAN.
In response to a: question from Scholl, Schaefenreyer stated
that Puffin Broadcasting was not yet capable of live broadcasting and
therefore would not be in a position to bid this contract. Hilton
suggested that the City conduct a public opinion poll prior to the
expiration of this contract extension to detennine if there is public
support for the broadcasts. Gieseler stated that he is pleased with the
job KRXA is doing.
I ELECTRIC
THE QUESTION WAS CALLED AND THE M:lI'ION PASSED UNANIM)USLY.
DEPT (SUNEEL) :C. MEEHAN MJVED 'ID APPROVE THE ro-lliR SALES AGREEMENT BE'IWEEN
THE CITY AND SUNEEL N..ASKA, INC., AS PRESENTED BY THE ADMINISTRATION;
THE M:lI'ION WAS SECONDED BY BCOHER.
In response to a question from Scholl, Diener explained that
SUneel had made sare changes in its starter system that had alleviated
the "peak" problems. M=!ehan noted that the proposed agreerrent was
backdated to the date the new transmission line went on line.
In response to a question from Hilton, Diener explained that
the rate offered to Snneel in the contract was the one suggested by R. W.
Beck in its rate design study conducted last year. Diener also noted
that, should the legislature fail to appropriate the $l50,000 requested
to partially retire Suneel' s debt, Suneel would begin paying $lO-l5
Thousand per rronth until its bill is current.
THE QUESTION WAS CALLED AND THE MJ.rION PASSED UNANIM)USLY.
PERSONNEL:
D. Gillespie noted that he had requested that this item
(qualifications for serving on Conncil, status of hospital employees and
whether those employees are exempt fran service on the City Conncil) be
placed on the agenda for discussion and action. He stated that the
Council needed to address the issue and set sorre sort of policy for the
future.
I
Scholl, referring to Casey's remarks nnder public hearing,
stated that Conncilrrember Hilton I s position with the hospital was not
"created" for him. Rather, after being elected to the Conncil, the
position which he held with the hospital "becarre a City job". Scholl
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PAGE l28
REGULAR MEETING - JANUARY 27, 1986
VOLUME 2l
added that while he favored making an exception for Hilton due to the
special circumstances, he felt that hospital enployees were "City"
enployees and therefore exempt frcm service on the Council.
Gillespie stated that he did not feel City enployees should be
allowed to serve on the Council under any circumstances, adding that he
was unccmfortable with the Charter provision allo.ving the Council to
make an exception.
M:!ehan stated that he was satisfied with the legal opl.nlon
rendered by the City Attorney stating that hospital enployees should be
allowed to serve on the Council. He noted that hospital enployees had
been made City enployees for the purpose of providing them with a viable
retirerrent plan only.
Booher stated that he did not like the ordinance making
hospital enployees "City" enployees and suggested clarifying the role of
the hospital enployees in the ordinance.
Following further discussion and upon the recamrendation of
the City Manager, the Council instructed Arvidson to draft a charter
amendment to be put before the voters in October which would set forth
the relationship of hospital enployees wi thin the City service.
ABCB:
E.
(M)VE[) FRCM mNSENT CALENDAR ITEM NO.6.)
SCHOLL MOVED 'ID ISSUE A LEITER OF NOOOBJECI'ION 'ID THE RENEWAL
OF LIQUOR LICENSES REQUESTED BY THE SOUROOUGH Ra>M/VAN GlIDER HarEL,
TONY'S LIQUOR S'IDRE, 'IDNY'S BAR, PIONEER BAR AND NIKO'S NIGH'ICLUB; THE
~OO WAS SB:ONDED BY MEEHAN.
Scholl stated that his reason for rroving this item to the
regular rreeting agenda was to irrpress upon the Council and the public
the need for concern about alcohol in the Seward cormnmi ty . He cited
several statistics showing an inordinate munber of alcohol-related
cr:i1res and arrests reported by the Seward Police Departrrent, including
280 DWI's, l28 Protective Custody cases, and 2l Minor Consuming cases
reported in CY 1985. He noted that 65% of all incarcerations in Seward
were alcohol-related. Scholl added that his main concerns centered
around youth-related problems and protective custody cases, and noted
that presently the City is not consistent with State statutes in its
handling of protective custcrly incarcerations.
THE QUESTION WAS CALLED AND THE IDI'IOO 'ID ISSUE THE LETI'ERS OF
NOOOBJECl'ION PASSED UNANIM:lUSLY.
XII. CITY MANAGER REPORI'S:
At the request of Booher, Police Chief Louis Bencardino
explained the statistical report on cr:i1re which appeared in the Bor-
ough's rrost recent "Situations & Prospects". Bencardino stated that the
Police Departrrent clerk who had submitted the statistics had not under-
stood that she should have been using UCR statistics. Instead, she had
corrpiled her statistics frcm the officers' field activity logs which
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REGUIAR MEErr'ING - JANUARY 27, 1986
VOLUME 21
I
included every call to wtlich the officers had responded, including
dcrrestic violence disputes, protective custody arrests, bar fights, etc.
'l11.erefore, these figures did not reflect a true accounting of violent
and property criIres in Seward. Bencardino noted that this problem had
been rectified, corrected statistics had been forwarded to the Borough
and all future reports would reflect UCR statistics.
Schaeferrreyer noted the follCMing which had been distributed
to Council prior to the rreeting:
1. A rrerrorandum from Frank Pfiffner relative to the Century/-
Quadra arbitration;
2. A letter from the attorneys relative to the Darbyshire
suit noting that a surrrnary judgment had been handed down in favor of the
City;
3. A rrerrorandum from Jack Anderson relative to recent
electrical outages; and
4, A rrerrorandum relative to the status of proposed elec-
trical service to the Ferry Dock.
I
Schaeferrreyer also noted that the rrerrorandum requested by
Scholl relative to the electrical projects listed in the City's five
year capital improverrents plan had not yet been corrpleted but should be
ready for presentation at the next rreeting.
XIII.
COUNCIL DISCUSSION:
MEEHAN apologized to Edgar Blatchford of the UX; for his
remrrks earlier in the rreeting, but stated that the City Attorney can
"see the trees" when it ames to making legal opinions.
GIESELER reported on his trip to Connecticut to participate in
the christening of the USS Alaska and presented several IreTI'entos to the
City fram the crew and officers. Gieseler also instructed the Clerk to
send a copy of the resolution requesting the placerrent of mil boxes in
Seward to Troy Buckman along with a letter thanking him for his sug-
gestion. He also stated that he would not be present at the February lO
rreeting.
XIV. CITIZENS' DISCUSSION:
WALTER CHRISTOLFAR, Brown & Hawkins Apartm:mts, asked about
the status of the prefab plant. Garzini stated that Sarrwhan had in-
dicated that it would not be installing a permanent facility in Seward.
'iN. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
I
None
XVI.
ADJOURNMENT :
130
PAGE 130
REGULAR MEETING - JANUARY 27, 1986
VOLUME 2l
The rreeting was adjourned at 11: 00 p.m.
~'
/ / '(, J'-'';:' ['"' '.I..> ,,, <<<
Bar . Gieseler
Mayo
~_l ;'
(Ci:j:y Seal)
. ......- . f'
". "G" ..'1- ,,' ,c,"
oS' ", *"12 1 "'~-:". 'i- ;.~.'
J'~;to/~4'
------------------------------------------------------------------------
PAGE 130
REX;ULAR MEETING - FEBRUARY lO, 1986
VOLUME 2l
I. CALL TO ORDER:
The February lO,. 1986, regular rreeting of the Seward City
Carmcil was called to order at 7: 30 p.m. by Vice Mayor Michael J.
~ehan.
II. OPENING CEREMJNY:
Carmcilmember Simutis led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Vice Mayor ~ehan and Carmcilmembers Booher,
Gillespie, Hilton, Scholl and Simutis (Mayor
Gieseler was absent with Carmcil consent)
Present also: City Manager Garzini, City Attorney Arvidson
and City Clerk M.rrphy
SPEX:IAL ITEMS:
A. Jrmior Carmcilmember Michelle Hasty arrived later in the
rreeting and at that time was intrcxluced and presented with a City pin.
PERSONNEL:
"
B. Jack Anderson was presented a plaque and a check in the
aITOrmt of $500 recognizing his outstanding service to the City. M=ehan
also presented Kerry Martin with the plaque which had been ordered for
him but was not available for presentation at the last rreeting.
.
IV. APPROVAL OF MINUTES:
None
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
I
I
I
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PAGE 131
RffiULAR MEETING - FEBRUARY lO, 1986
VOLUME 2l
Garzini requested the addition of Agenda Item IX(C) (1),
Proposed Resolution No. 86-l6, appropriating Federal Revenue Sharing
fnnds .
Hilton requested the addition of a "New Business" item, Agenda
Item XI (Al, City Travel Policy.
Scholl requested that Consent Calendar Items No. 1 and 2 be
rroved to the regular rreeting agenda as Items No. IX(C) (2) & (3).
GILLESPIE M:NED TO APPRClIJE THE REGlJIAR MEETING AGENDA AND THE
CONSENT CALENDAR AS AMENDED~ THE MJrION WAS SOCONDED BY HIL':I'C:l.;J AND
CARRIED WITH FIVE "YES" VOl'ES AND SIMUI'IS ABSTAINING. (Simutis ab-
stained because of her interest in the renewal of the Latitude 60 liquor
license--Consent Calendar Item No.3.) The follCMing actions were
taken :
l. M:Ned to regular meeting agenda~
2. ~ed to regular rreeting agenda~
3.
Applications for renewal of liquor licenses as follCMs
were filed without objection:
Wheelhouse
Harbor Dinner Club
Latitude 60~
ABCB:
GAMES OF SKILL
& CHANCE:
4.
Applications for permits for games of chance and skill as
follCMs were filed without olljection:
KPB Classified Association
Seward Elks Lodge No. l77 3
Seward Chanber of Cc>rmErce
American Legion Post No.5; and
PROCLAMATIONS:
5.
A proclanation denoting February 9-l5, 1986, as "FHA/HERO
\'€ek" was noted for inforrration and filed.
VI. BOROUGH ASSEHBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall was not present and no report was given.
VII. PUBLIC HEARINGS:
PH/FED. REV. SHRG: A. Notice of public hearing as posted and published by law
relative to the FY86 City budget and the relationship of Federal Revenue
Sharing funds to that budget was noted and the public hearing was
opened.
WALTER CHRISTOLEAR, Apartrrent No.6, Br= & Hawkins Apart-
rrents, inquired about the Police Department Budget. Garzini explained
that the general fund budget figures represented the FY86 budget which
was adopted by the Council in June 1985. This public hearing was called
to discuss the allocation of Federal Shared Revenue as required by
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PAGE 132
RmJLAR MEEI'ING - FEBRUARY lO, 1986
VOLUME 2l
federal law. He added that Council would act only on the $l 73,692
broken out in the "Revenue Sharing" colUIlU1.
No one else appeared in order to be heard and the public
hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
WILLARD AND BEVERLY DUNHAM, representing the Spring Creek
Prison Task Force Prison Industries Corrrnittee, appeared before Council
and reported on the progress the Corrmi ttee had made. Mr. Dunham stated
that the Corrrnittee planned to publish Requests for Proposals soon and
\'.Uuld be coming to the City for funding for this project (estimated by
Garzini to be $lO-l5 Thousand). He also asked Council to give sorre
thought to the types of industries suitable for the new prison and to
pass these ideas on to the Corrrni ttee. Both speakers stressed that
ConmissioHer Endel (Corrections) supported the Corm1i ttee' s efforts to
involve the corrmunity in the selection of appropriate industries for the
new facility.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactrrent:
PERSONNEL/ORD: 1. Copies having been made available to the public,
M=ehan noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AMENDING SOCTIOO
17-3.4 (B) OF THE CITY CODE REIATIVE 'lD
MILEAGE REIMBURSEMENT FOR TRAVEL ON CITY
BUSINESS.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
GILLESPIE MJVED 'lD ENACT ORDINANCE NO. 556; THE MJI'ION WAS
SECONDED BY SIMUTIS AND CARRIED UNANIMJUSLY.
C. Resolutions:
RESO/BUDGET/FRS: l. Copies having been made available to the public and
distributed to the Council prior to the start of the rreeting, ~ehan
noted by title only a proposed resolution entitled:
A RFSOlllTIOO OF THE CITY COUNCn. OF THE
CITY OF SEWARD, ALASKA, AMENDING THE
1985-86 FISCAL YEAR BUDGET BY
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REGULAR MEEI'ING - FEBRUARY 10, 1986
VOLUME 2l
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APPROPRIATING FUNDS FRCM THE FEDERAL
REVENUE SHARING TRUST ACCOUNT.
HILTON MJVED TO APPROVE RESOLUTION NO. 86-l6; THE MJI'ION WAS
SECONDED BY SIMUTIS.
~ stated that Mayor Gieseler had asked that his oppo-
sition to the expenditure of $50,000 for renovation of the Parks and
Recreation Departrrent office building be noted.
Scholl stated that he objected to the way the rroney had been
distributed and suggested that it be used for one or two najor projects
instead of nurrerous smaller ones. He suggested that the engineering
study to examine rrethods of rrooring tour ships be conducted "in house",
that the cormn.mity developrrent appropriation be deleted, that the
$50,000 appropriation for renovation of the P&R building go towards sorre
other need in that depart:rrent, and that further justification be provid-
ed for the Fire Deparbrent expenditures and the proposed street repair
work. He cc.mrended the administration for including the $20,000 appro-
priation for developrrent of the Second Lake area and $20,000 for street
signing. Scholl added that the Recreation Deparbrent and the Teen
Center had IPaIly needs which should be addressed and suggested that these
funds be used for that purpose.
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Hilton concurred that it might be rrore appropriate to spend
the entire appropriation on one najor item. He stated that he too was
opposed to spending $50,000 on the renovation of the P&R building. He
suggested that these funds go ta.vards constructing a small office
building in the Greenbelt/ballfield area to house Parks & Recreation
Depar'l:rrent personnel. Hilton added that, if the P&R building is needed
as warehouse storage for the Electric Deparbrent, then perhaps the
needed roof repairs could be nade with funds fran the utility.
Garzini explained that he had geared these suggested appro-
priations ta.vards things that would not generate operating costs as well
as items easily tackled. He stated that he did not want to "abandon"
the P&R building and unless roof repairs are nade soon, the building
will be lost. Garzini further noted that Engineering and Utilities
Manager Diener had inspected the building and had stated that it was
salvageable and sound enough for long tem repair.
Sirmltis stated that she would support the repair of the
building based on Diener's reconrrendation. She suggested that the
$20,000 budgeted for ccmnunity developrrent be appropriated for the
prison industries "RFP".
Garzini stated that the corrmunity developrrent appropriation
was eannarked for an update of the City brochure.
I
Scholl suggested that, perhaps the electric utility staff
could be housed at the P&R building, freeing office space in town for
Parks and Rec staff. He also asked that the administration find out
when the State Ferry personnel plarmed to vacate the ferry tenninal
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REGULAR MEEI'ING - FEBRUARY lO, 1986
VOLUME 2l
building. He suggested this as a possible site for the museum, freeing
the basement of City Hall for records storage.
Gillespie noted that the Historical Society had, in the past,
been opposed to IIDving to the ferry building. He added that the City
could put up a 30' x 50' nodular building for $40-50 Thousand for use by
Parks & Rec. Gillespie further stated that the present P&R building
should receive the necesscu:y repairs if it is salvageable.
Booher stated that, while he did not see the P&R building as a
Parks & Rec investment, he was in favor of repairing the roof.
Garzini stated that funds would not be spent on the Parks and
Recreation building or on street repair without prior approval of the
CmUlcil.
THE QUESTION WAS CALLED AND THE mrICN PASSED WITH FaJR "YES"
! ' , ' VOlES AND P1EEIJNJ- AND SCHOLL vorING "NO". (Garzini stated that he would
arrange for the Council to tour the P&R building with Diener prior to
action on expenditure of funds for its repair.)
RESO/ASSESSMENTS: 2. MJVED FRCM CCNSENI' CALENDAR. Copies having been
made available to the public, M::!ehan noted by title only a proposed
resolution entitled:
A RESOUJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AlASKA, DEI'ERMINING Nor TO
PROCEED WITH A SPOCIAL IMPROVEMENT DIS-
TRICT CALLED THE AREA WIDE WATER IMPROVE-
MENT DISTRICT 86-5.
SCHOLL MJVED TO APPROVE REsoLurIrn NO. 86-l4; THE MJI'Irn WAS
SOCONDED BY SIMUI'IS.
In response to a question from Scholl, Murphy stated that the
City Code required either a resolution "to proceed" or "not to proceed"
with any proposed assessrrent district. Scholl stated that he was still
opposed to making this an "area wide" irrprovement and would be unable to
support this resolution.
THE QUESTION WAS CALLED AND THE mrION CARRIED WITH FOUR "YES"
VOI'ES, GILLESPIE ABSTAINING AND SCHOLL vorING "NO". (Gillespie is a
principal in Gateway Ventures, a property o.vner affected in the original
proposed assessrrent district.)
RESO/CON- 3. MJVED FRCM CONSENT CALENDAR. Copies having been
made available to the public, M2ehan noted by ti tle only a proposed
resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AlASKA, AUTHORIZING THE
EXPENDITURE OF FUNDS FRCM THE NASH ROAD
BOAT HARBOR CAPITAL PROJECTS ACCXXJNT FOR
LAND APPRAISALS.
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REGULAR MEEl'ING - FEBRUARY lO, 1986
VOWME 21
SCHOLL MJVED TO APPROVE RESOLUTION NO. 86-l5; THE ~ION WAS
SECONDED BY SIMllTIS.
In response to a question from Scholl, Kerry Martin explained
that the scope of 1NOrk for the appraisals had been changed at the
request of the City, naking the appraisal process rrore complicated and
necessitating a change order to the Black-Smith and Richards contract.
THE QUESTION WAS CALLED AND THE ~ION PASSED UNANIMJUSLY.
X. UNFINISHED BUSINESS:
TRADE BOARD: A. February 5, 1986, rrerrorandum from Mul:phy advising that
there were now two vacancies on the Trade and Camrerce Advisory Board
was noted. (At the January 27, 1986, rreeting, the Council was unable to
break a tie between Donald W. Cripps and Jom WJodruff for one vacant
seat on the Trade Board. Since that tiITe, Jack Werner, a rrember of the
board, had died, creating one additional vacancy.)
M::!ehan, with Council consent, appointed Cripps and WJodruff to
the two vacant seats. In response to a question from Scholl, Mul:phy
explained that one teIlll 1NOuld expire Novenber 1986 and one November
1987. It was the consensus of the Council that Cripps should be ap-
pointed to the longer teIlll.
XI. N&l BUSINESS:
CON-1ST:
A. SIMUTIS MJVED TO APPROVE CHANGE ORDER NO. 3 TO THE
AFCGNAK ILGGING CCNrRACr IN AN AMOONr Nor TO EXCEED $800; THE MarIeN WAS
SECXlNDED BY HILTON AND CARRIED UNANIMJUSLY. (January 27, 1986, rrerroran-
durn from Diener stating that the skipper of the MV TustUIl'el1a had
requested additional bumper piles along the south edge of the Fourth
Avenue Dock to prevent potential damage to the ship was noted. This
request necessitated the recomrended change order.)
CON-~: B. BOOHER MJVED TO APPROVE CHANGE ORDER NO.2 TO THE NEWBERY
ALASKA CONTRACl' IN THE AMOUNT OF $39,533.07; THE ~ION WAS SECONDED BY
SIMllTIS.
January 30, 1986, rrerrorandurn from Diener recorrrrending approval
of the change order was noted. The rrerrorandurn further explained that a
portion of this change order covered extra 1NOrk required by unforeseen
soil conditions at the construction site. In response to a question
from Scholl, Jack Anderson (Utilities Engineer) explained that, appar-
ently, the stumps and rocks were buried beneath the site and were not
visible until excavation began.
THE QUESTION WAS CALLED AND THE ~ION PASSED WITH FIVE "YES"
varES AND SCHOLL vorING "NO".
CON- J.bL: C. BOOHER MJVED TO APPROVE THE EXTENSION OF THE PHOENIX L03
COmMer FOR PUBLlCATleN OF COONCIL AGENDAS UNTIL DOCEMBER l, 1986; THE
IDI'ION WAS S:OCONDED BY SIMUTIS AND CARRIED UNANIMJUSLY.
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RFnJLAR MEE:I'ING - FEBRUARY lO, 1986
VOLUME 2l
D. Hilton explained that he had received questions from the
public about the aCCUImllation of bonus trips under frequent flyer
programs when City staff and =uncilrrembers traveled on City business
at City expense. He stated that there was some =ncern that the mileage
should be credited to the City, not the individual, and that some sort
of policy should be set. Booher noted that the State had attempted such
a program some time ago, but it became an administrative "nightmare" and
was not a workable situation. Garzini noted that only one airline --
JAL -- provided for a =rporate program and added that the City had
enrolled in that program. Garzini further explained that errployees may
book on the airline of their choosing as long as the rates are the same
as for other airlines.
Murphy explained that, when making airline reservations, her
office used the local travel agent, booked the airline preferred by the
errployee or Councilrrember, but had the agent bill the City for the
cheapest flight available. Any excess charge was then paid by the
individual traveling. Scholl suggested that this should be made City
policy .
Garzini stated that, in the future, Council would be provided
with all City errployee and Council travel authorizations prior to travel
to Juneau or outside the State.
XII. CITY MANAGER REPORI'S:
Garzini noted that the first rronthly report on the prison
project had been received from oar. He stated that these reports would
be on file in the Clerk's office. In addition, the Clerk would prepare
quarterly reports for the Council. Garzini also reported on his trip to
Juneau with Mayor Gieseler. He stated that Gieseler had attended the
Conference of Mayors rreeting and Garzini had used this opportunity to
introduce Gieseler to the legislature.
Garzini also reported that Representative Cato had agreed to
rerrove HB l8l from "Rules" for an anendIrent which ....uuld provide that,
before a State-owned or operated vehicle =uld go outside the State for
maintenance, the Corrroissioner of oar would be required to certify that
there were no yards within the State of Alaska capable of performing the
desired maintenance. He stated that the City of Seward ....uuld join with
the City of Ketchikan in lobbying for passage of this legislation.
XIII.
COUNCIL DISCUSSION:
BCDHER stated that he did not want =ntractors on City proj-
ects to assurre that the City was no longer corrrnitted to local hire
because of Council's action at the last meeting to postpone the local
preference ordinance. He requested weekly reports from Sam.vhan and oar
on the total number of errployees and the number of local and state
errployees working on the project. Garzini stated that these figures
could be made a part of the rronthly report provided by oar. Garzini
also stated that he ....uuld arrange a meeting with oar, representative of
Sanwhan, a representative of the local Department of Iabor office, and
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REGULAR MEEI'ING - FEBRUARY lO, 1986
VOLUME 2l
I
several Councilmembers to discuss the City's corrrnitrrent to local hire
and Sarrwhan' s earlier promise to hire locally.
SCHOLL once again requested the fOllowing reports: l) a sign
at the designated site of the Senior/Corrmunity Center; 2) status report
on when the Ferry people will be vacating the ferry building; 3) pro-
posed expenditures for electrical projects on the City's 5-year CIP; and
4) occupancy of the Solly's building without benefit of a certificate of
occupancy. Scholl further stated that he was doing an independent check
of licensees requesting liquor license renewals and asked that the
Council continue to be provided infonnation concerning tax delinquencies
by these establishrrents even though the Borough was now the agency
responsible for objecting if delinquencies exist. He then asked if the
Electric Departrrent was continuing to perform routine rraintenance work
on the weekend. Garzini explained that this past weekend there had been
an outage in Jesse Lee Heights Subdivision which had to be attended to
on Saturday.
MEEHAN suggested that the City hire an independent consultant
to perform a general overview of the Electric Utility to determine if it
is being nm efficiently. He added that he would be unable to support
another rate increase without such a study.
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GILLESPIE noted that for the $2,000 figure suggested by
M=ehan, the City would be unable to obtain such a study. M=ehan ex-
plained that he was only interested in a "general overview".
SCHOLL suggested viewing the utility as the City views the
Seward Marine Industrial Center, adding that it is possible that it
could be marketed.
overview" ,
study.
BCDHER stated that he would support the concept of a "general
but only after the City had defined what it wanted fran the
XIV.
CITIZENS' DISCUSSION:
WALTER CHRIS'IDLEAR, Brown and Hawkins Apartrrent No.6, asked
about future plans for a 110 KV line (Garzini stated it would be needed
in about lO years); suggested that the $173,000 in Federal Revenue
Sharing be used to build a new Teen Center; and asked if the proposed
local preference ordinance could have "caused trouble for the City".
BOB VAIDA'ITA, Seward, stated that the road to the Marine
Industrial Center was not very well rraintained. Garzini explained that
this was a very low priority item since, with the exception of those
actually working at the site, there was no need for public access to the
SMIC. Garzini added that the City hoped to solve the drainage problems
this suntrEr.
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WILIARD DUNHAM, 600 Alder Street, Forest Acres, noted that he
had talked to the principals of Sarrwhan and had suggested that they use
his office for accepting applications for errployrrent on the prison
project. Thus far, Sarrwhan has not taken advantage of this offer.
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PAGE 138
REGULAR MEETING - FEBRUARY lO, 1986
VOIDME 2l
Therefore, his office has been instructing those inquiring about employ-
ment opportunities to see the Sanwhan officials at the job site. Dunham
also asked that the City do sorrething about the ranp constructed in
front of the Solly's building. He stated that it should be rerroved.
XV. COUNCIL AND ADMINISTRATION RESPONSE ill CITIZENS' CXM1ENTS:
HIL'IDN stated that the Council had postponed action on the
local hire ordinance sirrply because the City could not afford the
potential cost of litigation should the ordinance be tested in court.
SCHOLL suggested that those looking for work and unsuccessful
in obtaining work with Sarrwhan contact local contractors.
XVI. ADJOURNMENT:
The rreeting was adjourned at lO: 20 p.m.
.... ....... .
~ity' Cle ~,"""
~ 'I: ~~~ f. ,~. lj
~Cit'y ~l~ "'" .:
.~~ ", "', ~~'\. ,:
,':>. .s' ',~It'E" 1 ,~~,.., ~
~\,r '".,..~". <?'t-
"~~"
~.y-
Michael J. Mee
Vice Mayor
PAGE 138
RffiULAR MEETING - FEBRUARY 24, 1986
VOLUME 2l
I. CALL ill ORDER:
The February 24, 1986, regular neeting of the Seward City
Council was called to order at 7: 30 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREMJNY:
Councilrrember Booher led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Council1rembers Booher, Gil-
lespie, Hilton, Meehan, Scholl and Simutis
Present also: City Manager Garzini, Deputy City Manager Sch-
aeferrreyer, City Attorney Arvidson and Deputy
City Clerk Audette
PAGE 139
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SPECIAL ITEM:
1~9
REGULAR MEEI'ING - FEBRUARY 24, 1986
VOUJME 21
Mayor Gieseler introduced Junior Councilrreniber Rhonda Marolt
and presented her with a City pin.
IV. APProvAL OF MINUTES:
SCHOLL MJVED TO APPROVE THE JANUARY 27, 1986, AND THE FEBRUARY
lO, 1986, RmJLAR MEEI'ING MINUTES AS PRESENTED; THE M:JrICN WAS SFXDNDED
BY BOOHER.
~han asked that the vote on Resolution No. 86-l6 be reversed
to reflect his approval and Hilton's disapproval. Hilton concurred.
(See Page 134 of Council Minute Book Volurre 2l.) There being no further
additions, arrendrrents, or deletions, THE QUESTICN WAS CALLED AND CARRIED
UNANIM)USLY WITH THE JANUARY 27, 1986, MINUTES APPROVED AS PRESENTED AND
THE FEBRUARY 24, 1986, MINUTES APPROVED AS AMENDED.
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEEI'ING AGENDA:
Schaefenreyer requested four additions to the regular rreeting
agenda: (l) IX.C. Proposed Resolution No. 86-l9, funding additions to
off site inproverrents for Gateway Subdivision; (2) XI. D. Appropriation
of $lOO for a flag supporting the 1992 Olympics in Anchorage (3) XII.A.
Report on the Electric Capital Inproverrent, Projects; (4) XII.B.
Merrorandum from City Attorney Frank Pfiffner regarding Century /Quadra
arbitration.
I
HILTON MJVED TO APPROVE THE mNSENT CALENDAR AS PRESENTED AND
THE REGULAR MEEI'ING AGENDA AS AMENDED; THE MarION WAS SECONDED BY SCHOLL
AND CARRIED UNANIMJUSLY. The following actions were taken:
CITY COUNCIL:
FINANCE DEPT:
GAMES OF SKILL
& CHANCE:
ABCB:
I
ABCB:
1.
Request for canpensation of $400.00 for loss of pay
and/or annual leave while travelling on City business as
filed by Mayor Gieseler was approved for payITent and
filed;
2.
February 6, 1986, Finance Departrrent' s list of accounts
payable totalling $l,080,775.60, was approved for payrrent
and filed;
3.
Applications for permits for garres of chance and skill as
filed by Seward Life Action Council and Seward Interna-
tional Friendship Association were filed without ob-
jection;
4.
Applications for renewal of ABCB licenses as filed by
Mini Mall, New Seward Hotel Bar & Grill, Peking Chinese
Restaurant, Pizza Apollo Restaurant and Yukon Liquor
Store, were filed without objection;
5.
Applications for ABCB restaurant designation permits as
filed by Mini Mall Stop In, Peking Restaurant and Pizza
Apollo Restaurant, were filed \,nthout objection; and
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REGULAR MEEI'ING - FEBRUARY 24, 1986
VOLUME 2l
PROCLAMATION:
6.
A proclarration denoting March 9-l5, 1986, as "EMPLOY THE
OLDER WORKER WEEK" was noted and filed.
VI. BOrouGH ASSEMBLY REPORT':
Kenai
Sewall reported
Assembly.
Peninsula Borough Assembly Representative Jonathon
on the last rreeting of the Kenai Peninsula Borough
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
A. VIffiINIA DARLING, representing the Resurrection Bay
Historical Society, appeared before Council and gave a brief activities
report of the Society. Darling thanked the Council for its support and
extended an invitation for rrembers to visit the IlUlseUIll during the
rreeting recess.
B. MARrY GROSSMAN, Project Manager for the =nstruction of
the Spring Creek Correctional Center, and DARREL PRIJI'lT, Project Super-
intendent, appeared before Council and gave a brief report on the
progress of the construction. Pruitt reported that job applications
were now being processed through the local Job Service agency. Grossrran
stated that rronthly progress reports ~uld be rrade available to the
Council. In response to questioning, Pruitt stated that there would be
no on-site living quarters.
IX. ORDINANCES AND RESOLUTlrns:
A. Ordinances for Introduction:
l. Copies having been rrade available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AMENDING CHAPl'ER 6
TO INCLUDE SIGN STANDARDS.
SCHOLL M)VED TO INTRODUCE PROPOSED ORDINANCE NO. 557~ THE
MJI'ION WAS SECONDED BY HILTON.
Follawing a brief discussion, GILLESPIE MJVED TO AMEND THE
MJI'ION TO PROVIDE FOR 'IW) PUBLIC HEARINGS BEFORE CrnSIDERING ENAC'IMENT
INSTEAD OF ONE~ THE MJI'ION WAS SECONDED BY SCHOLL AND CARRIED UNAN-
IMCXJSLY.
THE QUESTION WAS CALLED ON THE MI\IN MJI'ION AND IT CARRIED
UNANIMCXJSLY.
B. Ordinances for Public Hearing and Enactrrent:
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RffiULAR MEErING - FEBRUARY 24, 1986
VOLUME 2l
None.
C.
Resolutions:
RESO/RE-6t;L: 1. Copies having been mde available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, APPROVING A
SHORT-TERM LEASE OF A PORl'ION OF LOl' 16,
SEWARD INDUSTRIAL PARK, TO KLUANE CON-
STRUcrION, INC.
SIMUTIS MJVED TO APPROVE RESOLUTION NO. 86-17; THE ~ION WAS
SB:ONDED BY MEEHAN AND CARRIED UNANIIDUSLY.
RESO/CHAMBER: 2. Copies having been mde available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTlOO OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, APProPRIATING
FUNDS TO THE SEWARD CHAMBER OF CXJMMERCE.
GILLESPIE MOVED TO APPROVE RESOLUTIOO NO. 86-l8; THE ~ION
WAS SECONDED BY SIMUTIS. (February l4, 1986, letter from the Chanber of
Cormerce reviewing the financial situation of the Chamber and requesting
$l2,500 from the City was noted. February 2l, 1986, rrerrorandurn from
Garzini re=nmending approval of the resolution was also noted.)
Meehan stated that he VIOUld vote in favor of the proposed
resolution but felt that the Council set a goal in 1982 to decrease
funds to the Chamber each year until it becarre independent of the City
and that the burden of that goal should have been on the Board of
Directors for the Chamber, not the two previous Executive Directors.
GARY VARNER, President of the Board of Directors for the
Chamber of Cormerce, appeared before the Council at the request of
Council to answer questions. VaD1er reported that the present Director
was developing a new SEward Visitor's Guide to be distributed with a
mjor Alaskan mgazine with a readership of 300,000 which should in-
crease the tourist traffic to Seward. In response to questioning from
Hilton, VaD1er stated that the rrembership dues had not been increased
since he had been involved with the Chamber; that a rate increase would
be hard to justify without sorrething rrore to offer. VaD1er reported
that the present Director is working toward that end and had helped to
mke it possible for Chamber rrembers to participate in an insurance
program and a credit union. Varner also reported that the Board was now
receiving a rronthly financial report to eliminate any surprise expendi-
tures.
Hilton stated that the businesses mke rroney from the Chamber
activities and that the rrembership fees should be increased to raise
necessary operating funds. Hilton also suggested that the Chanber go to
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REQJIAR MEEl'ING - FEBRUARY 24, 1986
VOLUME 2l
its rrembers for $5,000 to rratch a reduced appropriation of $5,000 from
the City. In response to the proposal by Hilton to reduce the appro-
priation by $5,000, Simltis stated that the Charrber I s request had
already been "bare-boned" and she W)uld support the $lO,OOO appro-
priation, plus $2,500 for fireworks, as a stop gap measure for its
survival. Simltis stated that the Chamber had a value in the ccmnunity
and the Council's support was vital.
Bcoher stated that he W)uld support the present request but
W)uld not vote in favor of any other fund requests.
Gillespie stated that he also was in favor of the appro-
priation and that the Chamber was making an effort to becorre independent
of the City, citing the $lO,OOO reduction in appropriations from the
City over the last two years as an example.
Scholl stated that the Chanber is comprised of businesspeople
which contribute tangible benefits to the corrmuni ty in many ways, i. e.
Seward Little League, and since support for the Chamber would be also be
support for those businesspeople he W)uld vote in favor of the proposed
resolution. Scholl added that he did not think the City should be
subsidizing the Chamber but he also did not want to see the Chamber
dissolve.
Gieseler stated that he had observed strong efforts by the
Chamber Board and Director to establish a self-sufficient organization
and W)uld support the proposed resolution.
THE QUFSTICN WAS CALLED AND THE M::Jl'ICN CARRIED WI'IH HILTON
VarING NO.
RESO/CON-b~t 3. Copies having been rrade available to the public, Gieseler
n by title only a proposed resolution entitled:
A RESOLUTICN OF THE CITY caJNCIL OF THE
CITY OF SEWARD, ALASKA, FOR THE PURPOSE OF
FUNDING ADDITIONS 'ID OFFSITE IMPROVEMENTS
FOR GATEWAY SUBDIVISICNS.
SIMUTIS M:>VED 'ID APPROVE RESOLUTICN NO. 86-l9: THE M::Jl'ION WAS
SECONDED BY HILTON. (February l8, 1986, merrorandum from Engineering and
Utili ties Manager Diener, describing the change orders necessitating the
request for additional funding and recorrrrending approval of the resolu-
tion was noted.)
Diener appeared before the Council and explained to the
Council that he had been working to close out the contract for the
offsite improverrents construction as part of the developrent of Gateway
Subdivision. Diener noted that the change order requests were outside
the original scope of the contract. In response to questioning from
Scholl, Diener stated that the bills had already been paid because it
had been anticipated that the additional work would crne under the
original contract aIlDunt of $733,000 since tw) portions of the contract
had come in under the projected costs. Diener added that additional
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RffiULAR MEE:I'IN; - FEBRUARY 24, 1986
VOLUME 2l
work had been perforrred at the request of the City administration and
that the added costs of $l7,3l7.64 were minimal for a project of this
size. Garzini stated that he could not advise the Council to take away
field decisions from the Engineering Departrrent. In response to com-
rrents from ~ehan, Diener stated that he had never taken the elected
body for granted by expecting it to automatically approve change orders
and felt that the Council was correct to question all expenditures.
Diener suggested that a short work session to keep the Council inforrred
might be helpful.
Following further discussion, THE QUESTION WAS CALLED AND THE
MarION CARRIED WITH GILLESPIE ABSTAINING. (Gillespie, principal of
Gateway Ventures, Inc., the contractor for the offsite improverrents
construction, abstained due to a conflict of interest.)
X. UNFINISHED BUSINESS:
None.
XI. NEW BUSINESS:
CON-JQll A. HILTON MJVED TO APPROVE CHANGE ORDER NOS. l, 2, 3 AND 4
TO THE GATEWAY VENTURES, INC. CONTRAer FOR A 'IDl'AL AM:XJNI' OF $l7, 3l 7.64;
THE MJrION vJAS SECOiIDED BY BCOHER AND CARRIED UNANIMJUSLY VlITH GILLESPIE
ABSTAINING. (Gillespie, principal of Gateway Ventures, Inc., the
contractor the offsite improverrents construction, abstained due to a
conflict of interest.)
NorE: The rreeting was recessed at 9:00 p.m. and reconvened at 9:l5 p.m.
CON-ll.7: B. MEEHAN MJVED TO APPROVE CHANGE ORDER NO. 2 TO THE NEWBERY
ALASKA CONTRAer FOR CONSTRUCrrON OF THE !AWING ELECTRICAL SUBSTATION IN
A CREDIT AM:XJNI' OF $3,000.00; THE MarION WAS SECOiIDED BY HILT(]\! AND
CARRIED UNANIMJUSLY. (February l4, 1986, ITEIlOrandum from Diener ex-
plaining the credit arrount and recornrending approval of the change order
was noted.)
OCCUPATIONS: C. SCHOLL MJVED TO DIRECT THE SEWARD ADVISORY PLANNING AND
ZONIN; CCM-lISSION TO REVIEW A PROPOSED AMENDMENT TO THE SEWARD URBAN
DISTRIer ZONING CODE TO INCLUDE "BED AND BREAKFAST" AS A HOME OCCUPATION
USE WITHIN RESIDENTIAL DISTRlcr8 AND TO CONDUer A PUBLIC HEARING ON THE
PROPOSED AMENDMENT AT ITS MARCH 5, 1986, REGUlAR HEEI'ING; THE MJrION WAS
SECOiIDED BY HILT(]\!.
HOME
February l8, 1986, staff report from Administrative Assistant
Hartin regarding "Bed and Breakfast" businesses, including a sumnary of
other related Alaskan conmunity codes, was :1oted. In response to
questioning from the Council, Garzini stated that Councilrrember Hilton
requested the Administration to investigate the subject of "Bed and
Breakfast" and possibly initiate a Zoning Code change to clearly define
regulations governing that type of horre occupation.
Following Council discussion regarding the definition of
"owner occupied", hare occupation, boarding house, and "short-term
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RffiULAR MEETING - FEBRUARY 24, 1986
VOLUME 2l
occupant"; off-street parking; length of stay; grandfather rights;
limiting the number of bedrooms designated for the business; and possi-
ble Federal or State regulations; COONCIL AGREED, AS A FRIENDLY AMEND-
MENT, ro INCLUDE IN THE MJrICW CHANGES ro PROPOSED SECTION 21. 78.6Sl BED
AND BREAKFAST AS FOI.LCMS:
l. MJVE THE w)RDING IN ITEM "F" ro CREATE ITEM "H";
2. ADD w)RDING ro ITEM "F" ro ADDRESS LEN;TH OF STAY; AND
3. ADD ITEM "G" ro PROHIBIT COOKING IN THE DESIGNATED "BED
AND BREAKFAST" ROOMS.
THE QUESTICW WAS CALLED AND THE MJrICW PASSED UNANIMOUSLY.
C. COUNCIL: D. Gieseler stated that he VJOuld be in favor of spending
$lOO for a flag to be flONIl in Anchorage along with 2,000 other flags
supporting Anchorage as the site for the 1992 Winter Olynpics. The flag
VJOuld be returned to the corrmunity after the site selection was rrade.
Following a brief discussion, the Council informally approved of the
expenditure.
XII. CITY MANAGER REPORl'S:
A. Schaeferrreyer noted the February 2l, 1986, Electric
Capital Irnproverrent Projects report from Electric Utility Engineer
Anderson. Diener appeared before Council and briefly discussed the
priorities.
B. Schaeferrreyer also noted a February 24, 1986, rrerrorandum
from Pfiffner, City Attorney, updating the Council on the Centw:y /Quadra
arbitration.
XIII.
COUNCIL DISCUSSION:
Garzini, in response to questioning from SCHOLL, stated that
if the Marine Industrial Center did not have a leaseholder by the end of
March, the City VJOuld divide the tract of land into smaller portions and
look to variety potential leaseholders. Scholl cornrended the Historical
Society on the museum.
BOOHER stated that he would prefer to only pay for sarething
after the expenditure had been approved. (Reference Item No. IX.C.3.)
Booher suggested that a VJOrk session on change orders be scheduled.
XIV. CITIZENS' DISCUSSICW:
JONATHCW SEWALL, Forest Acres, Seward, appeared before the
Council and expressed his appreciation of Hilton's idea of regulating a
"Bed and Breakfast" home occupation. Sewall stated that he did not have
a problem with two bedrooms per hone being utilized for "Bed and Break-
fast".
DONNA GILES, SOl Ash Street, Forest Acres, Seward, appeared
before the Council and stated that she was currently operating a "Bed
and Breakfast" at her address and that limiting the use to one bedroom
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RB3ULAR MEEI'ING - FEBRUARY 24, 1986
VOLUME 2l
I
was too restrictive. Giles reported that Anchorage and Fairbanks did
not have regulations which addressed "Bed and Breakfast" use.
STEVE WILCOX, 603 Ash Street, Forest Acres, Seward, appeared
before the Cormcil and stated that the residential areas should be
preserved and that a boarding house is a business and would detract from
the residential use. He stated that he would not be opposed to a "Bed
and Breakfast" if it was limited to one bedroom and net the fire safety
codes.
BUZ SAWYER, 2471 Cedar Street, Forest: Acres, Seward, appeared
before the Cormcil and stated that he had no quarrel with the tradition-
al use of "Bed and Breakfast". He added that Forest Acres was zoned
Rural Residential and he did not want it to change. Sawyer expressed
support of the ordinance as proposed.
BOB VALDATI'A, 520 Fifth Avenue, Seward, appeared before the
Cormcil and discussed Kluane Construction, Inc., prison jobs, charges
for tonnage going across the City docks, and educating rmions.
WALT CHRISTOLEAR, Apart:rrent Number 6, Brown and Hawkins
Apartrrents, Seward, appeared before the Cormcil and suggested that the
City purchase a condominium in Anchorage for traveling errployees in
order to cut down on expenses.
I
HERMAN LEIRER, Dairy Hill, Seward, appeared before the Cormcil
and stated that, in reference to Chamber of Conrrerce rremhership dues,
the present fee of $85 was "no big deal" for sorre but would be for
others and that the Chamber would lose rrore than it would gain if it
started putting on pressure to increase the fee. Leirer stated that he
did not object to $lOO for an Olynpic flag but to be watchful if State
lTOney supported the 01 ynpics in Anchorage because then when the City
wanted rroney it would not be there.
\VILLARD DUNHAM, 600 Alder Street, Forest Acres, Seward,
appeared before the Cormcil and stated that he had lived in that area
for 25 years and had watched the erosion of what the residents thought
was tightly controlled zoning. Dunham stated that he was not opposed to
a "Bed and Breakfast" operation if it was owner-operated and was limited
to one bedroom. Dunham also discussed prison jobs.
xv. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS:
SCHOLL stated that perhaps a "Bed and Breakfast" would already
have regulations through the business license process.
SCHAEFERMEYER responded to CClIID'BI1ts by Valdatta regarding
Kluane Construction, Inc.
I
GILLESPIE stated that he doubted the City's travelling expense
would warrant the purchase of a condominium in Anchorage.
HILTON thanked the Mayor for his comrents regarding the
Olynpics. He suggested that perhaps a sliding fee scale could be
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REGULAR MEETING - FEBRUARY 24, 1986
VOLUME 2l
established for Chamber dues. Hilton added that he respected Forest
Acre horreawners fight to keep their area intact.
GIESELER stated that prorating Chamber dues might be appropri-
ate. Gieseler stated that he had discussed the "condo idea" with
Christolear and felt it YX)uld save the City rroney since units were
reportedly running at $40-45,000.
XVI. ADJOURNMENT:
The rreeting was adjourned at lO:20 p.m.
-------------------------------------------------------
REGULAR MEE:I'ING - MARCH lO, 1986
VOLUME 2l
The March lO, 1986, regular rreeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREMJNY:
Councilrrember Booher led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrrembers Booher, Gil-
lespie, Hilton, Scholl and Sirrnltis (Absent
with Council consent was Councilrrember Meehan)
Present also: City Manager Garzini, City Attomey Arvidson
and City Clerk Murphy
SPEX::IAL ITEMS:
A. Gieseler noted that Councilrrember Meehan was recuperating
in Providence Hospital frcrn a fall which resulted in a broken wrist and
extended to him the Council's best wishes for a speedy recovery.
B. Gieseler introduced Cordova Mayor Erling Johansen and
presented him with a City pin.
C. Gieseler introduced Steve R. Smimoff of Alascan, Inc.,
and presented him with a City pin. Smimoff then officially presented
to the City a COIllreITOrative painting by Steven Hillyer depicting the
launching of the USS Alaska. The painting had been corrmissioned by the
PAGE l47
'47
REGULAR MEEI'ING - MARCH lO, 1986
VOLUME 2l
I
USS Alaska Cormlissioning Carnnittee and Alascom and was presented to the
City of Seward by Alascorn in honor of the City's status as honorary hOnE
port for the subrrarine.
IV. APPROVAL OF MINUTES:
None
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Gillespie requested that Council discussion be scheduled
imrrediately following the public hearing on the proposed new sign
ordinance. Gieseler asked that Raya Williams be added to the agenda
under Item No. VIII (C) -- "Citizens' Discussion with Prior Notice". He
also noted that the City Manager wished to address the Council prior to
Council discussion on proposed Resolution No. 86-2l. Garzini deleted
Item No. XI (A) from the Agenda, noting that a technical problem had been
discovered. He stated that this item would care before Council at a
later date.
GILLESPIE M)VE[) TO APPROVE THE REGUlAR MEETING AGENDA AND THE
COOSEm' CALENDAR AS AMENDED; THE MOI'ION WAS SECONDED BY SIMUTIS AND
CARRIED UNANIM:>USLY. The fallowing actions were taken:
C. ATTY: 1.
I 2.
CON-~:
PRISON/CON-\11 : 3.
GAMES OF SKILL &
CHANCE:
FINANCE DEPT/
CON- 015:
I
December 1985 invoice from HTGP&B for legal services
totalling $l8,306.89, was approved for payrrent and filed;
Change Order No. 2 to the Samwhan Arrerica contract for
prison construction in the arrount of $29,9l6.00, was
noted for infoI1T\ation and filed;
Council =n=red with the Stat..e Departnent of Transpor-
tation's decision to award a contract for preparation of
design/build bid docurrents for the Spring Creek Co=ec-
tional Center water and sewer systems to Alaska Environ-
rrental Control Services for an arrount not to exceed
$24,999.00;
4.
Application for a permit for Ganes of Chance and Skill as
filed by the Resurrection Bay Lions and Lioness Club was
filed without objection;
5.
March 5, 1986, rrerrorandum from Corrptroller Robert Peirson
recorrrrending that the City's FY 1986 audit be perforrred
by the CPA fim created by two of the three forrrer
partners of Big1ler, Kohler, Obendorf, was approved and
filed; and
6.
March 3, 1986, rrerrorandum from E. Paul Diener and at-
tached final report from SVerdrup & Parcel entitled
"Phase One, Derrand Study & Development Criteria" for the
proposed Nash Road SnaIl Boat Harbor was noted for
infoI1T\ation and filed.
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REGULAR MEEl'ING - MARCH lO, 1986
VOWME 2l
VI. BOrouGH ASS:rnBLY REPORT':
Kenai Peninsula Borough Representative Jonathan Sewall was not
present and no report was given.
VII. PUBLIC HEARINGS:
A. Gieseler noted that public hearings would be conducted on
the proposed assessrrents for four newly created irrproverrent districts.
He added that resolutions approving the assessrrent rolls would be
presented to Conncil for action at the March 24, 1986, n:eeting. In
addition, ordinances levying the assessrrents would be introduced at the
March 24 n:eeting, with public hearing on those ordinances scheduled for
the first rreeting in April. Gieseler further noted that the cost of the
irrproverrents \\Duld be divided equally arrong the property o.-mers benefit-
ed by the irrproverrents.
PH/ASSESSMENTS: l. Notice of public hearing as posted and published by
law on the proposed assessrrents to be levied against property o.-mers in
the irrproverrent district entitled Paving District #86-l, described as
portions of Jesse Lee Heights SUbdivisions No. 2 and 3; Bayview Addi-
tion, Block 9; and Tract G, USGLO No. 93l; with a total cost of $67,-
l03.46, was noted and the public hearing was opened; no one appeared in
order to be heard and the public hearing was closed.
PH/ASSESSMENTS: 2. Notice of public hear~ng as ~sted and published ~y
law on the propose assessrrents to be levled agalnst property owners ln
the irrproverrent district entitled Sanitary Sewer District #86-2, de-
scribed as portions of Jesse Lee Heights No. 2 and 3; Bayview Addition,
Block 9; and Tract G, USGLO No. 93l; with a total cost of $8l,524.47,
was noted and the public hearing was opened; no one appeared in order to
be heard and the public hearing was closed.
PH/ASSESSMENTS: 3. Notice of public hearing as posted and published by
law on the proposed assessrrents to be levied against property o.-mers in
the irrproverrent district entitled Sanitary Sewer Trunk District #86-3,
described as portions of Jesse Lee Heights No. 2 and 3 and Bayview
Addition, Block 9, with a total cost of $50,260.83, was noted and the
public hearing was opened; no one appeared in order to be heard and the
public hearing was closed.
PH/ASSESSMENTS: 4. Notice of public hearing as posted and published by
law on the proposed assessrrents to be levied against property o.-mers in
the irrproverrent district entitled Offsite Watermain Extension District
#86-4, described as portions of Jesse Lee Heights Subdivision No. 2 and
3 and Bayview Addition, Block 9, was noted and the public hearing was
opened.
BOB VALDATI'A, 528 Fifth Avenue, Seward, asked "where the rroney
was coming from". Garzini explained that the irrproverrents described
were the result of irrproverrents rrade to Gateway Subdivision by its
developer, Gateway Ventures. As part of the City's agreerrent with
Gateway Ventures, the City had agreed to pay the cost of any "offsite"
irrproverrents which resulted in a benefit to property outside the
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REGULAR MEEI'ING - MARCH lO, 1986
VOLUME 2l
I
subdivision.
irrproverrents
irrprovenents
Garzini further explained that the City has paid
and is now in the process of levying the =st
as an assessment against the properties benefited.
for the
of the
No one else appeared in order to be heard and the public
hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
I
A. BRUCE SIEMINSKI, 213 Jesse Lee Drive, Seward, stated that
it had been six IlDnths since the election and he was =ncemed that
promises made during the carrpaign period had not been kept. He cOllIl'ent-
ed on various topics as follo.vs: l) Has the =ntract for Gateway
Subdivision been "fulfilled" and, if so, why are the back roads to the
subdivision blocked? 2) Ho.v much IlDney is "left" from the sale of the
Jesse Lee Heights properties? 3) The Trade Board should be dissolved --
It does not meet regularly and has accomplished little. 4) Harbor
workers should not =rrpete with local businesses by pumping privately-
owned boats. 5) The parking problem in the Boat Harbor should be
addressed. 6) The Marine Industrial Center soould be privately operat-
ed. 7) When is the ground breaking for the Senior Center? 8) Why is
the City still leasing office space? 9) Why should the Chamber of
COllIl'erce have to "beg" for IlDney when the City easily grants IlDney to
the "Task Force"? [Gieseler noted that the Carmcil and the Adminis-
tration would address these issues rmder "City ~1anager Reports" and
"Carmcil Discussion".]
B. CONNIE BENCARDINO, 519 Fifth Avenue, Seward, spoke in
support of the Plarming Comnission' s recornrendations to the Carmcil
relative to proposed new "Bed and Breakfast" regulations (proposed
Resolution No. 86-2l). She stated that the operation of such an estab-
lishrrent should not be limited to "owner-occupied" and added that proper
regulation would sho.v this type of business to be an enhancement to the
City. She also disagreed with the Administration's =ntention that the
operation of a "Bed and Breakfast" detracted from the residential flavor
of a neighborhood.
I
C. RAYA WILLIAMS, Alder and Birch Streets, Seward, stated
that she would like to =rrmend the Plarming Comnission and the Citizens
Advisory Group on the sign ordinance before Carmcil and urged the
Carmcil to adopt it "as is". Williams then asked the Carmcil to adopt
the "Bed and Breakfast" regulations presented by the Administration.
She stated that the Plarming Comnission had erred in its findings and
reminded Carmcil that a home occupation should be a "secondary" use.
Williams asked that Carmcil allo.v "Bed and Breakfast" only if the
follo.ving conditions were met: l) the residence be "owner-occupied"; 2)
a maximum of one bedroom be used for "Bed and Breakfast" rental; 3) one
off-street parking space be provided for guest use; 4) the residence
should pass an inspection by the Fire Marshall; 5) no cooking should be
allowed in the guest room; 6) no guest should stay longer than 7 consec-
utive days; and 7) breakfast soould be the only meal served. ~'i'illiams
also presented to the Carmcil a plat map shewing the residents who had
signed a petition supporting the stated regulations, the vacant prop-
erties, the residents who expressed no opinion, those who =uld not be
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REX3ULAR MEEI'ING - MARCH lO, 1986
VOLUME 2l
contacted, and the location of the present "Bed and Breakfast" estab-
lishrrent.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactrrent:
l. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AMENDING CHAPl'ER 6
'ID INCllJDE SIGN STANDARDS.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
BRUCE SIEMINSKI, 213 Jesse Lee Drive, asked for an explanation
of "grandfathering". Garzini explained that any sign legal under the
existing code would rerrain legal until such tine as the owner of the
sign replaced or rrodified it. At that tine, the sign would have to rreet
the requirerrents of the new code.
LESLIE SIMUI'IS, 2nd and VanBuren, stepped down from the dais
and expressed her concerns as a business person about the new ordinance.
She stated that height of the sign should not be limited to the top of
the roof-line, but should be allONed to go a bit over that line. She
also objected to the provision in the proposed new code which would
prohibit the use of reader boards. Simutis further noted that prohibit-
ing "off premises signs" would disallON private businesses from adver-
tising civic events. In addition, she stated that the size of a sign
should not be strictly limited to a square footage based on the lineal
feet of property street frontage and requested that a minimum sign size
be added to this requirerrent. otherwise, Simutis explained, businesses
such as the Small Boat Harbor boardwalk concessions would be adversely
affected.
COONIE BENCARDINO, 519 Fifth Street, Seward, stated that the
proposed ordinance appeared to be too restrictive.
WALTER CHRIS'IDLEAR, Apartrrent No.6, Brown & Hawkins Apart-
rrents, stated that all neon signs should be "turned off" when the
business is closed.
HARRY DREW, 211 IDNell Canyon Road, noted that Section "j" on
Page 13 (Any sign with any illuminating devices having a changing light
intensity, or which create an appearance or illusion of writing,
printing or animation.. . prohibited) would eliminate tine and terrperature
units on stores and banks. He also suggested that the Council rrodify
Section (e) on Page l5 -- prohibiting the display of signs shONing
I
I
I
i :11
PAGE l5l
REGULAR MEETING - MARCH lO, 1986
VOLUME 2l
traderrarks of national brands, etc. -- since this \\,'{mld prohibit the
display of credit card signs.
No one else appeared in order to be heard and the public
hearing was closed.
Gillespie stated that he had received a nuntler of telephone
calls from citizens complaining that the ordinance was too restrictive.
He stated that IlOst complaints concerned the regulations regarding
reader boards and maximum allCJV.lable size of signs. In response to a
question from Booher, Garzini explained that this ordinance was a part
of the City's effort to totally revarrp the Comprehensive Plan. He added
that this particular ordinance had been written by a citizens group in
conjunction with the administration and the Planning Corrmission. The
group had addressed both cormercial and cosmetic concerns of the ccmnu-
nity and had taken the proposed regulations from standards found both
statewide and nationwide. Garzini added that the group had decided to
prohibit reader boards because they tend to distract drivers and could
lead to traffic problems.
In response to a question from Scholl, Garzini stated that
regulations varied from zone to zone. Scholl stated that brightly lit
signs were typically "American" and should be allcwed in auto-oriented
commercial districts.
Gieseler suggested that rrembers of the sign ordinance conmit-
tee be present at the next rreeting to address the Council. Simutis
encouraged all rrembers of the public to attend the next Council rreeting
and C<:llTIrent on the proposed ordinance. In response to a question from
Silrutis, Harry Drew, Executive Director of the O1arrber of Corrmerce,
stated that the O1arrber is comfortable with the idea that this type of
ordinance is necessary; however, the Board of Directors has not yet
taken a position on this particular ordinance.
Gieseler noted that the second and final public hearing on the
sign ordinance "-Duld be conducted at the March 24, rreeting, follCJV.led by
a vote for enactrrent.
C. Resolutions:
RESO/P&R: 1. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, SEITING CAMPGROUND
FEES IN DESIGNATED CITY CAMPING AREAS.
OOOHER MJVED TO APPROVE RESOllJTION NO. 86-20; THE MJI'ION WAS
S:OCONDED BY SCHOLL AND CARRIED UNANIMJUSLY. (February 28, 1986, rrerro-
randum from Schaefenreyer reCOIlID2I1ding approval of this resolution which
would increase campground fees from $4.00 to $4.25 per day was noted.)
2. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
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REX;ULAR MEEl'ING - MARCH lO, 1986
VOLUME 2l
RESO/HOME OCCUPA-
TIONS:
A RESOLUTION' OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, RECX:M1ENDING THAT
THE SEWARD URBAN DISTRICl' ZON'ING CODE BE
AMENDED m DEFINE AND REGUIA'IE BED AND
BREAKFAST HOME CCCUPATION'S.
HILTON KNED m APPROVE RESOLUTION NO. 86-2l; THE MOI'ION' WAS
SEX::X:l-IDED BY SIMUTIS.
Garzini noted that he had distributed to the Council a March
7, 1986, rrerrorandurn which he had written. He read into the record a
portion of that rrerrorandurn disagreeing with the recormrendations rrade by
the Seward Advisory Planning and Zoning Corrmission and setting forth the
history behind the resolution before Council for action. Garzini
stressed that any honE occupation rrust be incidental to the residential
use of the hare in question. He further recornrended that the Council
delete Section "i" of the administration's recormended regulations.
(This section read as follows: "There are no non-confoming uses
allowed. Any Bed and Breakfast operation existing at the tirre this
ordinance is enacted will be brought into conforrrance with these stan-
dards.") Garzini explained that the existing Bed and Breakfast opera-
tion in Forest Acres would be dealt with under existing code provisions
and deletion of Section "i" W)uld take sorre of the errotionalism out of
the decision before the Council.
GILLESPIE KNED m AMEND THE RESOLUTION' BY DELErING SECI'ION'
"I" FRCM THE CITY MANAGER'S RECOMMENDED ATl'ACHED REX3ULATIONS; THE MOI'ION
WAS SECONDED BY SCHOLL AND CARRIED WITH FIVE "YES" VaI'ES AND HILTON
VarING "NO".
In response to a question from Gillespie, Garzini stated that
he W)uld be corning back to Council at a later tirre with a definition of
"owner-occupant" to cover all hare occupations. He added that limiting
hare occupations to owner-occupants W)uld keep cOIlllErcial ventures in
the residential zones to a rninirrn.Irn. Booher =ncurred that this was
needed but urged the Council to proceed with the recc.mrendations for Bed
and Breakfast without delay.
HILTON MJVED m AMEND THE RESOLUTION' BY REWJRDING SECl'ION "B"
OF THE CITY MANAGER'S ATl'ACHED REC:X:M-1ENDATIONS m READ "THE OPERATION'
WILL BE LIMITED m CWNER-CCCUPIED r:mELLING WITH THAT DWELLING BEING THE
CWNER I S PRINCIPAL PIACE OF RFSIDE:l.\K::E" ; THE MOI'ION' WAS SEX::X:l-IDED BY
SIMUTIS AND CARRIED UNANIMJUSLY.
In response to a question from Hilton, Garzini stated that
according to the testim:my given by Ms. Giles at the Planning Corrmission
rreeting on March 5, the Bed and Breakfast establishrrent currently being
operated in Forest Acres did not confonn to the present Ccx:le. Arvidson
concurred with Garzini's statements.
Following further discussion, THE QUESTION WAS CALLED AND THE
MAIN MOI'ION PASSED UNANIMJUSLY AS AMENDED.
X. UNFINISHED BUSINESS:
None
Hi3
PAGE l53
REGULAR MEETING - MARCH lO, 1986
VOWME 2l
I
XI.
NEW BUSINESS:
A. Deleted.
XII. CITY MANAGER REPORI'S:
Garzini stated that, in the absence of the Mayor, Vice Mayor
~, Deputy City Manager Schaefenreyer and he (Garzini) had lunched
with representatives of Dianond Shamrock and Electric Power Developrent
Corporation of Japan and had discussed the possibility of utilizing
Resurrection Bay for the trans-shiprent of Beluga coal to the Orient.
While no concrete proposal had been made, the representatives indicated
that they might initiate fonnal talks at a later date.
XII I.
COUNCIL DISCUSSION:
I
A. March 3, 1986, nerrorandum from Schaefenreyer and attached
letter from Arvidson explaining the billing fonnat of HTGP&B and sug-
gesting ways to decrease legal fees to the City was noted. Arvidson
noted that he was proposing a system whereby he v;ould not attend rreet-
ings with a "light" agenda unless specifically requested to do so by the
Council. In response to a question from Gieseler, Arvidson indicated
that his travel and routine work for the City had cost approximately
$28,000 from January l, 1985, through January 3l, 1986. Hilton asked if
the administration had considered hiring a staff attorney to attend to
the day-to-day needs of the City. Arvidson stated that 3/4 of the
City's legal fees in the past few years had been directly related to
litigation, not routine legal work. Following further discussion, it
was the consensus of the Council to try Arvidson's recomrended approach
for an unspecified period of tine.
SIMUTIS encouraged everyone to take the tine to lcok at the
proposed sign ordinance and to direct cc:mrents to the Council at the
next rreeting. She also conrnended the Mayor and the Administration on
their handling of the leaking tank car situation.
SCHOLL, responding to conrnents rrade by Sieminski earlier
during the rreeting, stated that the City does need to get better plan-
ning in SOJre areas, and in particular should look at the need for
additional space for the Seniors, Historical Society, Public Safety and
the City Administration. He also thanked the Engineering Depart:rrent for
the report on the Nash Road Small Boat Harbor.
BOOHER stated that he had rret with the Personnel Division of
the Depart:rrent of Corrections and had been told that the registers are
now open for Correctional Officers I, II, and III. He advised anyone
interested to "get on the list now" and added that Department of Labor
"has all of the paperwork".
I
GIESElER, responding to Sieminski I s earlier corrrrents, stated
that problems with the Trade Board v;ould be addressed. In response to a
question about the bl=ked =ads out of Gateway Subdivision, Gillespie
stated that the referenced roads were across private property. He noted
that the owner had allowed the contractor developing the subdivision to
154
PAGE l54
REGULAR MEEl'ING - MARCH lO, 1986
VOLUME 2l
access the roads during the develornent stage but had requested that
they be blocked when construction was complete. In response to a
question concerning the Harbor workers, Garzini explained that the
Harbor personnel pump boats only if they are in danger of sinking, and
do not engage in private sector work such as this unless an emergency
exists. Gieseler also noted that he had procla:iJred March 9-l5 to be
"Hire the Older Vbrker Week", adding that the Senior Center was still
high on his priority list, but the Ci ty desperately needs funding for
rails and cradles for the Marine Industrial Center and will be unable to
lobby for Senior Center funding this year.
XIV. CITIZENS' DISCUSSION:
HERMAN LEIRER, Dairy Hill, urged the Council to support HB
532, limiting court ordered judgrrents in civil cases and calling for
tort reform.
IDUIS MARCH, Mile 5. 5, Seward Highway, asked for Council
support of HB 466 relative to local hire. He also stated that Sanwhan
Arrerica had failed to fulfill its promises to the City to "hire local-
ly".
WALTER CHRISTOLEAR, Apartment No.6, Brown & Hawkins Apart-
ments, asked about future Boardwalk leases (Garzini stated that 2 new
ones would be let before sumrer); the prospect of !lOVing the coal
facility to the SMIC (Gieseler explained that that would not happen for
quite serre time); an explanation of the increase in canpground fees
(Gieseler explained that this would facilitate fee collection since
sales tax added to the previous fee of $4/day had resulted in an odd
arrount to be collected and additional tax would not be added to the
$4.25 now charged); and an explanation of "grandfathering".
XV. COUNCIL AND ADMINISTRATION RESPONSE 'ID CITIZENS' CCM1ENTS:
GILLESPIE, responding to March, stated that the City is "bird
dogging" Sanwhan. Garzini explained that Sarrwhan' s conmitrrent was to
the City and the State and that all working there are Alaskans. SaITWhan
has also promised to hire workers from Seward.
GIESELER, responding to Ieirer, stated that the administration
has asked the City's lobbyist to push tort reform. He also noted that
the Chairrn:m of Hyundai would lead a visiting delegation on March 22 and
that the delegation would like to meet with City officials at that time.
Gieseler also thanked Cordova Mayor Johansen for visiting Seward.
XVI. ADJOURNMENT:
9:50 p.m.
~~~, k:.uiv,
HarV' Gieseler, Mayor
EiS
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PAGE l55
REGULAR MEETING - MARCH 24, 1986
VOLUME 2l
I
1. CAIL 'ID ORDER:
The March 24, 1986, regular rreeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Harry E. Gieseler.
II. OPENING ~:
Councilrrember Scholl led the pledge of allegiance to the flag.
III. ROIl. CAIL:
Present were: Mayor Gieseler and Councilrrembers Booher, Gil-
lespie, Hilton, ~han, Scholl and Sirnutis
Present also: Deputy City Manager Schaeferrreyer, City Attor-
ney Arvidson and City Clerk Murphy
SPECIAL ITEMS:
A. Gieseler introduced Junior Councilrrember Rina Wildes and
presented her with a City pin.
B. Gieseler noted that a gift of vases corrmerrorating the
1988 Olympics in Seoul fran Chainnan Chung of Hyundai Corporation were
displayed in Charrbers for public viewing.
I
IV.
APPROVAL OF MINUI'ES:
IT WAS M)VED BY BCXJHER AND SECONDED BY MEEHAN 'ID APPROVE THE
FEBRUARY 24 AND MARCH lO, 1986, MINUTES AS WRITI'EN.
Anerican"
Anerica".
Scholl asked that Page l5l be arrended by deleting "typically
and substituting in its stead "typical of cont.eI1lJOrary
THE QUESTION WAS CALLED AND THE MJI'ION CARRIED WITH SIX "YES"
VarES AND MEEHAN ABSTAINING. (~han was absent fran the March lO
rreeting. )
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Schaeferrreyer asked that a merrorandum reconrrending approval of
requested corrpensation for Mayor Gieseler be added to the Consent
Calendar as Item No.7. Gillespie noted that he 1NOuld abstain from
Items l-4 on the Consent Calendar since he was involved in the develop-
rrent of Gateway Subdivision.
I
IT WAS H;)VED BY SCHOLL AND SECONDED BY HIL'ION 'ID APPROVE THE
CONSENT CALENDAR AS AMENDED AND THE REGULAR MEETING AGENDA AS PRESENl'ED;
THE QUESTION WAS CALLED AND THE MJI'ION CARRIED WITH SIX "YES" VOTES AND
GILLESPIE ABSTAINING. The following actions were taken:
156
PAGE l56
RESO/ASSMTS:
RESO/ASSMTS:
RESO/ASSMTS:
RESO/ ASSMTS:
FINANCE DEPT:
C. COUNCIL:
REGULAR MEETING - MARCH 24, 1986
VOLUME 2l
1.
Resolution No. 86-22 confinning the assesSIlEnt roll of
the inproverrent district entitled Paving District 86-l
was approved and filed; (See Page l57.)
2.
Resolution No. 86-23 confinning the assessnent roll of
the inproverrent district entitled Sanitary Sewer District
86-2 was approved and filed; (See Page l57.)
3.
Resolution No. 86-24 confirming the assessnent roll of
the inproverrent district entitled Sanitary Sewer District
86-3 was approved and filed; (See Page l57.)
4.
Resolution No. 86-25 confirming the assessnent roll of
the inproverrent district entitled Offsite Waterrrain
Extension District 86-4 was approved and filed; (See
Page l57.)
5.
March 13, 1986, Finance Depart:Irent list of Accounts
Payable totalling $539,458.29, was approved for payrrent
and filed;
6. March lO, 1986, letter from SCHARE rrembers suggesting
that all tourist related facilities in the City be
included in the Chamber's Visitors I Guide regardless of
their Chamber affiliation was noted for inforrration and
filed; and
7.
March 24, 1986, rrerrorandurn from Murphy recormending
approval of the attached request for corrpensation total-
ling $200 for Mayor Gieseler for tine lost from work on
March 20-2l, 1986, while attending the Alaska Conference
of Mayors rreeting in Juneau, was approved for payrrent and
filed.
VI. BOROUGH ASSEMBLY REPORT':
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the March l8, 1986, assembly rreeting.
VII. PUBLIC HEARINGS:
VIII.
None
CITIZENS' DISCUSSlOO: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTlOOS:
A. Ordinances for Introduction:
l. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
J fj'l
PAGE l57
REGULAR MEETING - MARCH 24, 1986
VOLUME 2l
I
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, LEVYING THE
ASSESSMENT FOR THE SPOCIAL IMPROVEMENT
DISTRICT DESCRIBED AS PAVING DISTRICT
86-1.
IT WAS MJVED BY MEEHAN AND SOCONDED BY SCHOLL TO INTRODUCE
PROPOSED ORDINANCE NO. 558.
I
Gillespie stated that he would be abstaining from voting on
this and the next three ordinances because of his invol verrent in the
developrent of Gateway Subdivision. He added, however, that the Council
should give some consideration to the March l3, 1986, letter from Donald
Snellrran objecting to the provision that the principal balance of all
assessrrents would have to be paid at the tirre of first sale, approval of
a subdivision or replat, or upon the issuance of a Certificate of
Cccupancy. Gillespie stated that traditionally assessrrents are con-
sidered an assumable lien against a piece of property. He suggested
that these assessrrents be treated in this manner. Diener stated that
the Administration would have no problem with a Council amendrrent;
however, Schaefenreyer noted that, should a large tract of land be
subdivided, the City would have the responsibility for ccrnputing the
assessrrents to be levied against each SIl'aller parcel. He added that
this could pose future problems for the City. Hilton con=red with
Schaefenreyer. Gillespie noted that, given his real estate and develop-
ment experience, he would recOIlIlEnd that the assessrrents be transferra-
ble and assumable by future buyers. Simutis con=red. Arvidson noted
that the provision under discussion was a part of the resolutions
approved by the Council on the Consent Calendar and suggested that,
rather than amending the resolutions at this neeting, the Council IIDve
for reconsideration of the resolutions at the next rreeting.
RESO/ASSMTS: IT WAS MJVED BY SIMUTIS AND SOCONDED BY SCHOLL TO RECONSIDER
RESOLUTIONS NO. 86-22, 86-23, 86-24, AND 86-25 AT THE NEXT REGULAR
MEETING OF THE COUNCIL; THE MJI'ION PASSED WITH SIX "YES" VOTES AND
GILLESPIE ABSTAINING.
In response to a question from r-Eehan, Schaefenreyer stated
that the cost to the City of the proposed revision would be assessed and
rePJrted to the Council at the next neeting.
THE QUESTION WAS CALLED ON THE MJI'ION TO INI'RODUCE PROPOSED
ORDINANCE NO. 558 AND THE MJI'ION CARRIED WITH SIX "YES" VOTES AND
GILLESPIE ABSTAINING. (Public hearing was set for the April l4, 1986,
regular rreeting.)
2. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
I
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, LEVYING THE
ASSESSMENT FOR THE SPECIAL IMPROVEMENT
DISTRICT DESCRIBED AS SANITARY SEWER
DIsrRICT 86-2.
158
PAGE l58
REGULAR MEETING - MARCH 24, 1986
VOLUME 2l
IT WAS MJVED BY SmOLL AND SOCOODED BY SIMUTIS TO INTRODUCE
PROPOSED ORDINANCE NO. 559; THE QUFSTICN WAS CALLED AND THE IDI'ICN
CARRIED WITH SIX "YES" VOI'ES AND GILLESPIE ABSTAINING. (Public hearing
was set for the April l4, 1986, regular rreeting.)
3. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, LEVYING THE
ASSESSMENT FOR THE SPOCIAL IMPROVEMENT
DISTRICl' DESCRIBED AS SANITARY SEWER TRUNK
DISTRICl' 86-3.
IT WAS MJVED BY SCHOLL AND SEX:ONDED BY SIMUTIS TO INTRODUCE
PROPOSED ORDINANCE NO. 560; THE QUESTICN WAS CALLED AND THE mrION
PASSED WITH SIX "YES" VCYI'ES AND GILLESPIE ABSTAINING. (Public hearing
was set for the April l4, 1986, regular rreeting.)
4. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY CXlUNCIL OF THE
CITY OF SEWARD, ALASKA, LElJYING THE
ASSESSMENI' FOR THE SPECIAL IMPROVEMENT
DISTRICl' DESCRIBED AS OFFSITE WATERMAIN
EXTENSION DISTRICl' 86-4.
IT WAS MJVED BY SIMUTIS AND SOCONDED BY HILTON TO INTRODUCE
PROPOSED ORDINANCE NO. 56l; THE QUESTICN WAS CALLED AND THE mrION
CARRIED WITH SIX "YES" VOI'ES AND GILLESPIE ABSTAINING. (Public hearing
was set for the April l4, 1986, regular rreeting.)
B. Ordinances for Public Hearing and Enactrrent:
ORD/SIGNS: 1. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY CXlUNCIL OF THE
CITY OF SEWARD, ALASKA, AMENDING aIAPI'ER 6
TO INCLUDE SIGN STANDARDS.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
RUTH M:HENRY, 508 First Avenue, stated that she was a nember
of the citizens I corrrnittee which had worked with the Planning Conmission
to develop the ordinance before Council. She noted that the City's
Carprehensive Plan fails to: l) set limits on the mnnbers of signs
allowed (except in residential zones); 2) prohibit any type of sign; 3)
include set back requirerrents; or 4) force the rerroval of nonconforming
signs. She added that the proposed ordinance would: l) provide a t<x)l
for rerroval of damaged and abandoned signs; 2) encourage ha.rrronious
signs; 3) prohibit billboards, portable signs, tirre and terrperature
J fi~)
PAGE l59
REGULAR MEEI'ING - MARCH 24, 1986
VOLUME 2l
I
signs and all types of flashing signs; 4 ) give special consideration to
gas stations; and 5) prohibit roof signs if they exceed the height of
the building roof. McHenry stated that Administrative Assistant Kerry
Martin had included a rre:rrorandum in the Council's packets recormending
several arrendrrents to the ordinance. She cautioned that a less restric-
tive ordinance '-'Duld give the City "rrore problems davn the line". Mc-
Henry then sho,.,red the Council and audience two slides which depicted the
problems experienced by comnunities with few restrictions on signs.
BRAD SNCWJEN, 525 Sixth Avenue, representing SCHARE (Seward
Cabaret, Hotel and Restaurant Establishrrents), stated that he had
presented the City with a F€tition =ntaining the signatures of the
rrembers of SCHARE and 134 other registered voters opposed to the pro-
posed ordinance.
VIRGINIA DARLING, Br~ & Hawkins Apartnents, stated that she
found the ordinance to be =ntradictory and difficult to understand.
ROBER!' HARRIS, IMS Apartnents, spoke in favor of the ordi-
nance.
BRUCE SIEMINSKI, Jesse Lee Heights, was opposed to the ordi-
nance.
I
BRAD SNOWDEN, 525 Sixth Avenue, stated that, while he agreed
that the city should regulate signs, such regulation should be minimal.
He added that signs are an important advertising tool and that he was
opposed to the ordinance as presented.
JUDY ORAVEC, 518 First Avenue, spoke in favor of the ordi-
nance. She stated that these restrictions '-'Duld en=urage business
owners to be rrore creative. She voiced her opposition to reader boards
of any type.
WALTER aIRISTOLEAR, Aparbrent No. 6, Br~ and Hawkins,
recorcm::mded that the Council pass the ordinance as presented.
CHARLES I3AIIMIN, 437 Se=nd Avenue, asked about set back
requirerrents in residential neighborhoods and reader boards for church-
es. Martin explained that there were no set back requirenents and that
bulletin boards '-'Duld be allowed for churches.
I
LESLIE SIMUTIS, Second and VanBuren, stepped down from the
dais and addressed the Council. She stated that she was not opposed to
a sign ordinance in general, but she was not ready to take action at
this tirre. She added that there was a need to address certain =nflicts
and unclear areas. Sirnutis stated that restricting signs would limit
the arrount of potential business a businessman =uld count on and stated
that businesses in Seward have a "tough tirre 9 rronths of the year". She
stated that the Council should look at sorre of the sF€cifics: l) The
height above the roof line should be restricted, but there should be no
prohibition of signs above the height of the roof; 2) reader boards are
no rrore distracting than any other sign to sorreone new in town and
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PAGE l60
REX:;ULAR MEEl'ING - MARCH 24, 1986
VOLUME 21
should be alla.ved; and 3) portable and off-premises signs should be
alla.ved. Sirnutis reconmended continued work on the ordinance prior to
Council action.
No one else appeared in order to be heard and the public
hearing was closed.
IT WAS MJVED BY SCHOLL AND SECONDED BY BOOHER 'lQ ENAcr ORDI-
NANCE NO. 557.
Gillespie stated that he was in favor of a sign ordinance but,
based on the number of negative telephone calls he had received concern-
ing the proposed ordinance and the aIrount of negative testinony during
public hearing, he felt there was a need to go "back to the drawing
board". He recQIl'[lEnded that the ordinance be sent back to the Planning
Corrrnission for public hearing and then back to Council for additional
public hearing prior to action.
~ehan thanked McHenry, Carol Griswold and others for the ti.rre
they had contributed to the drafting of the proposed ordinance. He
added that the City needs a sign ordinance, but he had a few problems
with portions of this particular one. He noted that he would have no
problem with a "permanent" reader board sign. He further noted that
Item "e" on Page 13, prohibiting off premises signs, would rrake the high
school sign illegal. He also stated that ti.rre and terrperature signs
should be allCMed and that he would welcorre one to Seward. M:ehan
distributed a letter from Jom Woodruff, Chairperson of the Advisory
Planning and Zoning Ccmnission, supporting the ordinance.
Booher concurred with Gillespie's suggestion that the ordi-
nance be sent back to the Planning Corrrnission for further study. He
added, ha.vever, that the "carplainers" should have stepped forward
during the initial advertised public hearings and work sessions. He
encouraged the public to get involved in the public hearings to be held
prior to action on the ordinance.
Scholl stated that he agreed with both Booher and ~ehan and
stated that he was disappointed that people had waited so long to
carplain. He recomrrended delaying action until further study and public
input could be heard. He stated that he suspected that many of those
who had signed the petition had not actually read the ordinance. Scholl
reconmended that Snowden and other SCHARE rrembers participate in a
revision of the ordinance before it is brought back to the Council.
Gillespie noted that State law prohibiting off premises signs
along the State highway already exists.
IT WAS MJVED BY SIMUTIS, SECONDED BY HIL'Irn AND CARRIED
UNANIM'JUSLY 'lQ POSTPONE ACl'IOO ON THE PROPOSED ORDINANCE UNI'IL THE APRIL
28, 1986, MEEl'ING OF THE <XJUNCIL. Schaefermeyer stated that a public
hearing before the Planning Ccmnission would be scheduled for April 2,
1986.
RECESS: The rreeting was recessed at 9: 00 p.m.; reconvened at 9: l4 p.m.
I
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RffiUIAR MEEI'ING - MARCH 24, 1986
VOLUME 21
C. Resolutions:
RESO/PRISON/CON- liS: 1. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AWARDING A CON-
TRACl' TO DESIGN AND BUILD THE SPRING CREEK
CORRECl'IONAL CENTER SUBSTATION AND APPROV-
ING THE BUDGET FOR THE PRanx:T.
IT WAS MOVED BY SCHOLL AND SECONDED BY HILTON TO APPROVE
RESOLUTION NO. 86-26.
M2ehan noted that a 15% contingency had been included in the
project budget established by the proposed resolution. In response to
his questions =ncerning the =ntingency, Diener explained that the
Council, at an earlier work session, had suggested that change orders
which did not exceed the arrount of the =ntingency and which did not
change the scope of the contract =uld be approved administratively and
then brought to the Council as an informational item on the Consent
Calendar. He added that any large change order \',Duld be brought to
Council beforehand in any case. In response to a question from Giese-
ler, Diener noted that the rroney for the project was available in the
Spring Creek Correctional Facility budget.
THE QUESTION WAS CALLED AND THE MC1l'ION CARRIED UNANIMXJSLY.
RESO/SBH/CON-I1/f: 2. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AWARDING A CON-
TRACT FOR REPAIR AND UPGRADE OF THE SMALL
BOAT HARBOR BOAT LAUNCH RAMP AND APPROVING
A BUDGET FOR THE PRanx:T.
IT WAS M)VED BY HIL'ION TO APPROJE RESOLurION NO. 86-27; THE
MC1l'ION WAS SOCONDED BY SIMUI'IS.
In response to a question from Hilton regarding the scope of
the proposed project, Diener explained that the project included repair
of the existing launch ramp in the Small Boat Harbor, rerroval of =n-
crete slabs, overlaying the ramp with 6" of concrete, and lining and
reinforcing the banks with rubble from Fourth of July. Hilton asked if
a second walkway/gangway \',Duld be added. Diener explained that walkways
d= either side as well as down the middle were to be included in a
follOW"ing project. In response to a question from Gillespie, Diener
explained that the new design should prevent damage to boats during
launch. Gieseler asked if the launch ramp would be closed during
construction. Diener responded that he anticipated closing the ramp
only twice.
THE QUESTION WAS CALLED AND THE M)TION PASSED UNANIM)USLY.
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PAGE 162
RffiUIAR MEEI'ING - MARCH 24, 1986
VOLUME 21
X. UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
CLAIM FOR DAMAGES: A. IT WAS MOVED BY MEEHAN, SOCONDED BY SIMUTIS AND UNANI-
M)USLY CARRIED TO APPROVE PAYMENT OF DAMAGES TClI'ALLING $374.56 TO
SHERREL CALHOON. (March 6, 1986, rnerrorandurn from Diener outlining the
events leading to the claim -- a City electric line truck had collided
with Ms. Calh=n's 1984 Audi -- and recorrmending payment was noted.)
SCHOOLS/CEMETERY B. IT WAS MOVED BY SCHOLL AND SOCONDED BY HILTON TO INSTRUCT
RESERVE: THE ADMINISTRATION TO PROCEED WITH NEGOrIATIONS FOR THE SALE OF PROPERTY
TO THE KENAI PENINSUIA BOROUGH SCHOOL DISTRICl' FOR THE SITE OF A NEW
ELEMENTARY SCHOOL.
Jonathan Sewall, KPB Assembly Representative, thanked Garzini,
Martin, and Roger Sanpson for their participation in a rreeting with KPB
officials. He added that Borough officials were reluctant to proceed
with pre-bonding work without a fiIm carrnitrnent for a site for the
sch=l. Sewall also noted that, while the Borough was authorized to pay
up to fair market value for the sch=l property, he hoped that the
Council would look favorably on the Borough's offer to purchase the
subject property (within the Cemetery Reserve) for $12,000 per acre. He
noted that, in the past, the Borough had provided land to the City for
the Marine Industrial Center, prison construction and AVI'EC. He further
noted that the recreational developrent on the school property would be
available for public use.
Scholl suggested that the Council accept the Borough's offer
i.mrediately without benefit of an appraisal. Arvidson reminded the
Council that the Code required public hearing (with 10 days I notice)
follOW"ed by passage of a resolution approving the transaction and
posting of the resolution for 30 days prior to the disposal of any City
property. Therefore, Council =uld not act on the Borough I s offer at
this meeting. Schaeferrneyer stated that a public hearing would be
scheduled for the April 14 rreeting. FollOW"ing the public hearing, a
resolution would be presented to the Council for action with an adminis-
trative recorrmendation that the Council approve the sale of 20 acres of
property at $12,000 per acre, subject to approval of the school bond
package in October.
Roger Sampson, Seward Grade School Administrator, stated that,
while 15 acres was the minimum needed for the development of the sch=l,
the Borough was requesting 20 acres to give the flexibility needed for
designing the proper layout of the school and recreational facilities.
Booher suggested that the Borough work with the City Parks and Recre-
ation Department on the location and design of the recreational facil-
ities. He added that he would rather make a good deal to the Borough on
the property in exchange for a long teIm benefit to the =m:nunity.
Sewall noted that the type of cooperative effort existing between the
City of Seward and the Borough in the field of corrmunity recreation was
unique to the Borough.
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PAGE 163
REGUIAR MEETING - MARCH 24, 1986
VOLUME 21
Bill Toskey, Chairperson of the Seward Schools Parent Advisory
Corrrnittee (PAC), stated that the PAC was =ncerned that this project
might become involved in a political situation between the City and the
Borough. He urged the Council to =nsideI" the urgent need for the
school and to act on the sale of the property as soon as possible so
that the school bond =uld appear on the October Borough ballot.
Garzini noted that the Borough has assisted the City in the
past when property was needed for City projects. He stated that $12,000
was a "merchantable" price within the time available to work on this
project. He added that, should the City become involved in a protracted
administrative negotiation process with the Borough, those opposed to
the bond election would have an excuse for blocking the election.
Gillespie stated that an appraisal of the property would be an
excellent tool to shOW" the Borough the size of the City's =ntribution
to the project. (Garzini had stated that an appraisal should shOW" the
property value to the !$400,000.)
Booher suggested that the rroney realized from the sale of the
property be "put in with the Borough" to create a recreational conplex
at the site.
FollOW"ing further discussion, THE QUESTION WAS CALLED AND THE
MC1l'ION CARRIED UNANIMXJSLY.
CEMETERY RESERVE: GILLESPIE MOVED TO AUTHORIZE THE CITY ADMINISTRATION TO GET A
LETTER OF OPINION ON THE SUBJECT PROPERTY; THE M)TION ~'1AS SECONDED BY
SCHOLL AND CARRIED UNANIM)USLY.
XII. CITY MANAGER REPORT'S:
Schaeferrneyer noted that the City had received the Prison
Industries draft Request for Proposals and stated that copies would be
available for the Council on Tuesday. Since the RFP was to be =n-
sidered by the Task Force during the week in order to be sent to the
Department of Corrections for review on Friday, he urged the Council to
review the document and to forward any suggested changes to the City
Manager by Friday rrorning.
XIII.
COUNCIL DISCUSSION:
SCHOLL noted that there had been no power outages lately and
thanked the Electric Department.
MEEHAN thanked the people of the community for their =ncern
during his recent stay in the hospital.
GILLESPIE noted that many people in ~se Pass and Crown Point
were still unable to go back to their homes (due to the recent chemical
leak from a railroad car). He stated that the City should extend its
hands in helping them if needed.
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REGUIAR MEETING - MARCH 24, 1986
VOLUME 21
GIESELER stated that he had discussed the plight of the ~se
Pass and Cr= Point residents with Representative Bette Cato and indi-
cated that she is trying to help in any way that she can. Gieseler also
stated that he had a real "heartburn over the eleventh hour protests" of
the sign ordinance. He added that people have had an opportunity to
respond for some time and noted that when people corrplain about the =st
of government they should realize that IlUlch of the =st comes from this
sort of procrastination and last minute action by the public.
XIV. CITIZENS' DISCUSSICN:
CHARLES BALI:MIN, 437 Se=nd Avenue, representing the Seward
Ministerial Association, stated that he and the Association were =n-
cerned about a local establishment allOW"ing strip dancing by males last
week. He stated that he would like to see Section 3-7 of the City Code
upheld and asked the City to "put some teeth" into the ordinance.
WALTER CHRISTOLFAR, Apartment No.6, Br= and Hawkins Apart-
ments, stated that the Alaska Department of Fish and Game Advisory Board
would hold a special rreeting in April to discuss the Bear Lake Salrron
Enhancement Program.
LOUIS MARCH, Mile 5.5, Seward Highway, stated that Department
of Labor was nOW" holding 450 applications for approximately 40 laborer
positions at the prison =nstruction site. He recom.rended that the City
Council screen the applications and pass them on to Sarrwhan to assure
that local people would be hired. He also urged the Council to support
Borough Ordinance No. 86-3 (local hire).
MARK IDLDSETH, 303 Church Street, stated his support for the
position Baldwin had taken on male "strippers".
XV. COUNCIL AND ADMINISTRATICN RESPONSE TO CITIZENS' COMMENTS:
POOHER suggested that the Ministerial Association speak to the
owner of the establishment featuring the male dancers in an atterrpt to
resolve the =nflict on that level.
GILLESPIE directed the administration to obtain a copy of KPB
Ordinance No. 86-3 for discussion at the next meeting.
GIESELER stated that he appreciated the =ncerns expressed by
the Ministerial Association and suggested that its rrernbers become
involve with the City when the Administration begins its rewrite of that
section of the Code.a
XVI. ~OURNMENT:
{t1JLtftb "-'<.((~,
;;S'\ O~~.~~. was adjourned at
<," '\ . ''''PO~'..4
.-;-,..~ ..,..(:.;\"0 '-1:..1>.....
.: v ..~.... .~., v
? .:, . \.~
, \;l
10:20 p.m.
~~'~ ~ _~U< ~
Harry: . Gieseler, Mayor
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PAGE 165
SPOCIAL MEETING - APRIL 1, 1986
VOLUME 21
I. CALL TO ORDER:
The April 1, 1986, special meeting of the Seward City Council
was called to order at 12:15 p.m. by Vice-Mayor Michael J. M2ehan.
II. OPENING CEREMJNY:
Councilrrernber Hilton led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Vice-Mayor M2ehan and Councilrrernbers Gillespie,
Hilton and SiIlUltis (Absent with Council
consent were Mayor Gieseler and Councilrrernbers
Booher and Scholl)
Present also: Deputy City Manager Schaeferrneyer and Deputy
City Clerk Audette
IV. RESOLUTIONS:
RESO/GRANTS/ A. Copies having been made available to the public, M2ehan
SMIc: noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING THE
CITY MANAGER TO SIGN AND SUBMIT AN
APPLICATICN TO THE ECONOMIC DEVEIDPMENT
ADMINISTRATION FOR A GRANT TO INSTALL
RAILS AND CRADLES AT THE SEWARD MARINE
INDUSTRIAL CENTER.
GILLESPIE MOVED TO APPROJE RESOIlJTICN NO. 86-28; THE M)TION
WAS SECONDED BY HIL'IDN'.
March 21, 1986, rnerrorandurn from Walter Archibald, Director,
Office of Corrpliance Review, EDA, regarding the grant application was
noted. Schaeferrneyer reported to Council that if the grant was approved
the City would have to match the $600,000 wiL~ its OW"D monies.
FollOW"ing a brief discussion, THE QUESTION WAS CALLED AND THE
M)TION CARRIED UNANIMXJSLY.
RESO/SMIc (Shiplift) B. Copies having been made available to the public, M2ehan
noted by title only a proposed resolution entitled:
A RESOIlJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING THE
AWARD OF A SOLE SOURCE CONTRACl' FOR
SYNCHROLIFT INSPECl'ION AND MAnIT'ENANCE TO
PEARLSON ENGINEERING, INC.
HILTON M)VED TO APPROVE RESOLUTION NO. 86-29; THE M:JI'ION WAS
SECONDED BY GILLESPIE.
16G
PAGE 166
SPOCIAL MEETING - APRIL 1, 1986
VOLUME 21
April 1, 1986, rnerrorandurn from Paul Diener, Manager of Engi-
neering and Utilities, recommending approval of the resolution was
noted. Diener appeared before the Council and stated that, at the
City's request, Pearlson had not completed a portion of the work under
its original contract. Diener also reported that the lift should
receive a full inspection prior to the Lloyds of London survey. He added
that the City would save rroney if it contracted with Pearlson nOW"
because its engineers' travel expenses would be shared with a fiIm in
Van=uver.
FollOW"ing a brief discussion, THE QUESTION WAS CALLED AND THE
MC1l'ION CARRIED UNANIMXJSLY.
V. CITIZENS' DISCUSSION:
None
VI COUNCIL AND ADMINISTRATICN RESPCNSE TO CITIZENS' CCMMENI'S:
None
VII. ADJOURNMENT:
The meeting was adjourned at 12:25 p.m.
~~.~
Michael J. Mee
Vice-Mayor
PAGE 166
RffiUIAR MEEI'ING - APRIL 14, 1986
VOLUME 21
I. CALL TO ORDER:
The April 14, 1986, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREM:NY:
Council.member M2ehan led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Council.members Booher, Hil-
ton, Meehan, Scholl and SiIlUltis (Council.member
Gillespie arrived at 7:34 p.m. and thereafter
participated in the remainder of the rreeting.)
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PAGE 167
REGUIAR MEETING - APRIL 14, 1986
VOLUME 21
Present also: City Manager Garzini, City Attorney Arvidson
and City Clerk Murphy
SPOCIAL ITEM:
Gieseler introduced Junior CouncilIrember Julie Bryant and
presented a City pin to her.
IV. APPROVAL OF MINUTES:
MEEHAN M)VED TO APPROVE THE MARCH 24, 1986, MINUTES AS WRIT-
TEN; THE MC1l'ION HAS SECONDED BY SCHOLL
SiIlUltis asked that Page 160 of the minutes be amended by
deleting Item No. 3 under her cornrnents relative to the proposed sign
ordinance, stating that she had not voiced support for either portable
or off premises signs.
THE QUESTION WAS CALLED AND THE MC1l'ION TO APPROJE THE MINUTES
AS AMENDED PASSED UNANIM)USLY.
V. APPROVAL OF CONSENT CALENDAR AND REGUIAR MEEI'ING AGENDA:
Gieseler requested the addition of the follOW"ing two items to
the agenda and =nsent calendar: 1) Consent Calendar Item No. 9
Request for compensation totalling $450 for lost wages while travelling
on City business as filed by Vice Mayor M2ehan; and 2) Agenda Item No.
VIII (B) -- Nancy Steeves, discussion of the Little League loan.
SCHOLL M)VED TO APPROVE THE REGUIAR l-1EEI'ING AGENDA AND THE
CONSENT CALENDAR AS AMENDED; THE MC1l'ION WAS SECONDED BY SIMUTIS AND
CARRIED UNANIM)USLY. The follOW"ing actions were taken:
FINANCE DEPT:
April 8, 1986, Finance Department's list of ac=unts
payable totalling $951,082.08 was approved for payment
and filed;
1.
c. COUNCIL:
Request for compensation totalling $250 as filed by
Councilrrember Hilton for lost wages while lobbying for
the City in Juneau was approved for payment and filed;
2.
LAND SELECTION:
3.
Request for authorization to sign an agreement with
oor/PF outlining IlUltual =ncerns involving City IlUlnicipal
land selection ADL 215129 was approved and filed;
PERSONNEL:
4.
Request for authorization to eliminate "in lieu of FICA"
payments for all errployees hired follOW"ing approval by
Council was approved and filed;
GAMES OF SKILL
& CHANCE:
5.
Application for permit for Garnes of Skill and Chance as
filed by the Republican Party of Alaska, District 6, was
filed without objection;
168
PAGE 168
REGUIAR MEETING - APRIL 14, 1986
VOLUME 21
SMIc(Ship1ift) :
6.
Updated fee schedule for third party users of the ship-
lift as filed by Seward Steel Works was noted for infor-
mation and filed;
PROCLAMATIONS:
7.
Proclamations as follOW"s were noted for information and
filed:
May -- M2ntal Health t-bnth
May - Litter Prevention and Cleanup t-bnth
May 3, 1986 -- Super Saturday
May 11-17, 1986 -- Hospital Week;
8. Trip report as filed by City Manager Garzini, Vice Mayor
M2ehan and Councilnember Hilton relative to lobbying
efforts in Juneau April 1-3, 1986, was noted for informa-
tion and filed; and
c. COUNCIL:
9.
Request for corrpensation totalling $450 as filed by Vice
Mayor M2ehan for lost wages while lobbying for the City
in Juneau April 1-3 and April 7-8, 1986, was approved for
payment and filed.
VI. BOROUGH ASSEMBLY REPORT':
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of of the April 1, 1986, Assembly rreeting.
VII. PUBLIC HEARINGS:
PUBLIC HEARING: A. Notice of public hearing as posted and published by law
relative to proposed amendments to existing leases of Small Boat Harbor
Comrrercial Boardwalk Sites No.1, 2, and 3, to Brad SnOW"den, dba Pier 34
and SnOW"den' s Seafood Shack; J. B. Bennison, dba Alaska Star Charters;
and Trails North, Inc., respectively was noted and the public hearing
was opened.
BOB VALDATTA, 528 Fifth Avenue, Seward, crntlEnted that the
Harbormaster had a "visibility problem" and that the City should con-
struct a control tOW"er on site for his use.
No one else appeared in order to be heard and the public
hearing was closed.
PUBLIC HEARING: B. Notice of public hearing as posted and published by law
relative to the proposed lease of Small Boat Harbor Connercial Boardwalk
Site No. 4 to Kenai Fjords Tours, Inc., was noted and the public hearing
was opened; no one appeared in order to be heard and the public hearing
was closed.
PUBLIC HEARING: C. Notice of public hearing as posted and published by law
relative to the proposed sole source negotiated sale of property located
in the Cemetery Reserve to the Kenai Peninsula Borough at less than fair
market value for use as a site for a new elementary school was noted and
the public hearing was opened; no one appeared from the audience in
order to be heard and the public hearing was closed.
1(19
PAGE 169
REGUIAR MEEI'ING - APRIL 14, 1986
VOLUME 21
I
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
A. DAVID RAMIREZ, Nash Road, noted that he had presented the
Clerk with a petition signed by rrore than 300 area residents opposed to
amending Section 3-7 of the City Code as requested by Charles Baldwin at
the previous Council rreeting. Ramirez urged the Council to proceed
cautiously, stating that the City is adequately protected at this time
and that it is not in the purview of the Council to legislate rrorality.
I
B. NANCY STEEVES, 606 First Avenue, noted that the Council
had entered into a loan agreement with the Seward Little League Associ-
ation in 1984. At that time, the City had granted an interest free loan
totalling $4,000, repayable in 2 years, to the Little League Association
for the purchase of equiprent to aid in the operation of a f=d stand at
the Little League field. Since that time, the Little League had suf-
fered setbacks including several break-ins and had recently been "shut
down" by the Department of Environmental Conservation (DOC) because of
some State health code violations. In response to a question from
M2ehan, Steeves explained that DOC required installation of linoleum and
three tub-sinks before allOW"ing the Association to resume operation of
the food stand. Since the Association had been unable to make any
payments thus far, and given the fact that it would be unable to pay on
the loan in the foreseeable future, Steeves asked that Council consider
converting the loan to a grant. In exchange, the Association would
agree to perfoIm all routine maintenance of the Little League field.
Gillespie noted that he would support Steeves' request but added that
forgiving the loan was not a very good exarrple for the youth involved in
the project. Gieseler stated that he would have a resolution prepared
for introduction at the next Council rreeting to convert the loan to a
grant.
IX. ORDINANCES AND RESOIlJTICNS:
A. Ordinances for Introduction:
1. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING SECl'ION
2-55 (A) OF THE SEWARD CITY CODE REIATIVE
TO THE CCMMDNITY HOSPITAL BOARD BUDGET
PROCEDURES.
BOOHER MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 562; THE
M)TION WAS SECONDED BY SCHOLL AND CARRIED UNANIMXJSLY. (Public hearing
was set for April 28, 1986.)
I
NOI'E: Gieseler noted that it was necessary to take the follOW"ing four
resolutions out of order since the ordinances levying assessments =uld
not be =nsidered until the resolutions approving the assessment rolls
were approved.
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PAGE 170
REGUIAR MEETING - APRIL 14, 1986
VOLUME 21
C. Resolutions: (TAKEN OUT OF ORDER)
RESO/ASSMTS: 1. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, CONFIRMING THE
SPOCIAL ASSESSMENT ROLL OF THE SPECIAL
IMPROVEMENT DISTRICl' DESCRIBED AS PAVING
DISTRICl' 86-1.
Arvidson noted that this resolution (along with the follOW"ing
three) were being re=nsidered as a result of Council action at the
March 24 meeting. Therefore, rrotions for approval of the four resolu-
tions were already on the floor. The Administration, at the request of
the Council, had prepared substitute resolutions for consideration by
the Council at this time. The substitutes were identical to the origi-
nal resolutions on the floor with the exception that the paragraph
mandating payment of the assessments in full upon first sale, replat-
ting, subdividing, or issuance of a certificate of occupancy had been
deleted. If the Council wished to approve the substitute resolution (s) ,
it would be necessary for a rrernber of the Council to rrove to amend the
original resolution to read as the substitute resolution reads. This
would be followed by a vote on the amendment and a vote on the original
rrotion.
HILTON M)VED TO AMEND RESOIlJTICN NO. 86-22 TO READ AS RESOLU-
TION NO. 86-22 (S); THE MC1l'ION WAS SOCONDED BY SIMUTIS AND CARRIED WITH
SIX "YES" VOTES AND GILLESPIE ABSTAINING.
THE QUESTION WAS CALLED ON THE MAIN M)TION AND RESOIlJTION NO.
86-22 WAS APPROVED AS AMENDED WITH SIX "YES" VOTES AND GILLESPIE AB-
STAINING.
RESO/ASSMTS: 2. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, CONFIRMING THE
SPOCIAL ASSESSMENT ROLL OF THE SPECIAL
IMPROVEMENT DISTRICl' DESCRIBED AS SANITARY
SEWER DISTRICl' 86-2.
SIMUI'IS M)VED TO AMEND RESOIlJTION NO. 86-23 TO READ AS SUBSTI-
TUTE RESOIlJTION NO. 86-23 (S); THE MC1l'ION WAS SECONDED BY HILTON AND
CARRIED WITH SIX "YES" VarES AND GILLESPIE ABSTAINING.
THE QUESTION WAS CALLED ON THE MAIN M)TICN AND RESOIlJTION NO.
86-23 WAS APPROVED AS AMENDED WITH SIX "YES" VOTES AND GILLESPIE AB-
STAINING.
RESO/ASSMTS: 3. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
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PAGE 171
REGUIAR MEETING - APRIL 14, 1986
VOLUME 21
A RESOIlJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, CONFIRMING THE
SPOCIAL ASSESSMENT ROLL OF THE SPOCIAL
IMPROVEMENT DISTRICl' DESCRIBED AS SANITARY
SEWER TRUNK DISTRICl' 86-3.
SIMUTIS MOVED TO N-1END RESOIlJTION NO. 86-24 TO READ AS SUBSTI-
TUTE RESOIlJTION NO. 86-24 (S); THE M)TION WAS SOCONDED BY HILTON AND
CARRIED WITH SIX "YES" VOTES AND GILLESPIE ABSTAINING.
THE QUESTION WAS CALLED ON THE MAIN M)TION AND RESOIlJTION NO.
86-24 WAS APPROVED AS AMENDED WITH SIX "YES" VarES AND GILLESPIE AB
STAINING.
RESO/ASSMTS: 4. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, CONFIRMING THE
SPOCIAL ASSESSMENT ROLL OF THE SPOCIAL
IMPROVEMENT DISTRICl' DESCRIBED AS OFFSITE
WATERMAIN EXTENSION DISTRICl' 86-4.
SCHOLL MOVED TO AMEND RESOIlJTION NO. 86-25 TO READ AS SUBSTI-
TUTE RESOLUTICN NO. 86-25 (S); THE M)TION WAS SOCONDED BY HIL'ION AND
CARRIED WITH SIX "YES" VOTES AND GILLESPIE ABSTAINING.
THE QUESTION WAS CALLED CN THE MAIN M)TION AND RESOLUTICN NO.
86-25 WAS APPROVED AS AMENDED WITH SIX "YES" VarES AND GILLESPIE AB-
STAINING.
B. Ordinances for Public Hearing and Enactment:
ORD/ASSMTS: 1. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, LEVYING THE
ASSESSMENT FOR THE SPOCIAL IMPROVEMENT
DISTRICl' DESCRIBED AS PAVING DISTRICl'
86-1.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
MEEHAN MOVED TO ENACl' ORDINANCE NO. 558; THE MJI'ICN WAS
SECONDED BY SCHOLL AND CARRIED WITH SIX "YES" VarES AND GILLESPIE
ABSTAINING.
2. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
172
PAGE 172
REGUIAR MEEI'ING - APRIL 14, 1986
VOLUME 21
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AIASKA, LEVYING THE
ASSESSMENT FOR THE SPOCIAL IMPROVEMENT
DISTRICl' DESCRIBED AS SANITARY SEWER
DISTRICl' 86-2.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
FRANK IRICK, Seward, stated that he was opposed to enactment
of Ordinance No. 559 and No. 560 until the City made arrangements to
assess the property =er north of him who stood to benefit from the
sewer line he had put through his property. City Engineering and
Utili ties Manager Paul Diener explained that the sewer main through
Irick's property was not under discussion at this time. He suggested
that this be handled as a separate issue since it would have no effect
on the assessments levied under the ordinances before the Council.
No one else appeared in order to be heard and the public
hearing was closed.
SIMUTIS M)VED TO ENACl' ORDINANCE NO. 559; THE M)TION WAS
SOCONDED BY SCHOLL.
In response to a question from Booher, Garzini explained that
the only way to assess the =er of the property to the north of Irick
for his share of the cost of the sewer line Irick had installed in order
to develop his property, was through some fOIm of hookup or access
charge. HOW"ever, it was possible that the property in question could be
developed by accessing the SWetrnan line, bypassing Irick's line alto-
gether.
Meehan suggested that Council postpone action on this ordi-
nance, as well as Ordinance No. 560, until the next meeting at which
time the Administration =uld present Council with a written report
=ncerning this issue.
MEEHAN MOVED TO TABLE ACTION CN PROPOSED ORDINANCE NO. 559
UNTIL THE APRIL 28, 1986, MEEI'ING; THE M)TION WAS SECONDED BY HILTON AND
CARRIED WITH SIX "YES" varES AND GILLESPIE ABSTAINING.
3. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, LEVYING THE
ASSESSMENT FOR THE SPOCIAL IMPROVEMENT
DISTRICl' DESCRIBED AS SANITARY SEWER TRUNK
DISTRICl' 86-3.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
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RffiUIAR MEEI'ING - APRIL 14, 1986
VOLUME 21
HILTON MOVED TO TABLE ACl'ION CN PROPOSED ORDINANCE NO. 560
UNTIL THE APRIL 28, 1986, MEEI'ING; THE M)TION WAS SECONDED BY SCHOLL AND
CARRIED WITH SIX "YES" VOTES AND GILLESPIE ABSTAINING.
ORD/ASSMTS: 4. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AIASKA, LEVYING THE
ASSESSMENT FOR THE SPOCIAL IMPROVEMENT
DISTRICl' DESCRIBED AS OFFSITE WATERMAIN
EXTENSION DISTRICl' 86-4.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
MEEHAN MOVED TO ENACl' ORDINANCE NO. 561; THE M)TION WAS
SOCONDED BY SCHOLL AND CARRIED WITH SIX "YES" VOI'ES AND GILLESPIE
ABSTAINING.
C. Resolutions:
1-4. TAKEN OUT OF ORDER -- See Pages 170-171.
RESO /BOARDWALK/LEASE: 5. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING THE
ISSUANCE OF A SUBSTI'IUTE LEASE FOR cc.M1ER-
CIAL WATERFRONT BO~ SITE NO. 1 IN
THE SEWARD SMALL BOAT HARBOR TO BRAD
SNCWDEN.
GILLESPIE MOVED TO APPROVE RESOIlJTION NO. 86-30; THE M)TION
WAS SOCCNDED BY SCHOLL.
M2ehan =rrplirnented Administrative Assistant Kerry Martin on
the revised leases, stating that they were IlUlch better than the origi-
nals. In response to a question from SiIlUltis, Martin explained that,
originally, the City was to retain ownership of the buildings to be
constructed on the Boardwalk. Under the new plan, each lessee would
retain =ership of his building and the lease payment would cover land
only. Therefore, the annual lease payment would be 10'Nered under the
new lease.
Arvidson noted that the four resolutions approving Boardwalk
leases failed to contain findings that the it is in the public interest
to waive appraisals on the property in question. He advised that this
=uld be accorrplished through a rrotion.
1'/4
PAGE 17 4
REGUIAR MEEI'ING - APRIL 14, 1986
VOLUME 21
SCHOLL MOVED TO FIND IT IN THE PUBLIC INTEREsr TO DISPENSE
WITH APPRAISALS ON THE PROPERTY LEASED UNDER AGENDA ITEMS IX(C) (5)-(8);
THE MarION WAS SOCONDED BY HILTON AND CARRIED UNANIMXJSLY.
Sinutis stated that she was =ncerned that the leases did not
address building specifications and asked that the leases be amended to
provide City review of plans prior to =nstruction or alteration of
existing buildings. Arvidson suggested that Section 1, Article VIII,
(Page 8) be amended by adding the word "construct" just prior to the
word "maintain" and by adding the phrase "in conformity with the Small
Boat Harbor Master Plan" after the word "City". He further reccmnen.ded
the addition of a new Subsection (e) under Section 1, Article VIII, to
read as follOW"s:
(e) Corrrrencernent of =nstruction shall mean
having materials and labor on site. Ccmrencernent of
construction shall take place within 90 days of
signing of the lease and shall be completed wi thin
90 days of corrmencernent of =nstruction.
GILLESPIE AGREED TO ACCEPT THESE CHANGES AS FRIENDLY AMEND-
MENTS TO THE PROPOSED RESOLUTION.
THE QUESTION WAS CALLED AND RESOLUTICN NO. 86-30 WAS APPROIlED
AS AMENDED BY UNANIMOUS VOI'E.
RESO/BRDWLK/LEASE: 6. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING THE
ISSUANCE OF A SUBsrITUTE LEASE FOR COMMER-
CIAL WATERFRONT BOARDWALK SITE NO. 2 IN
THE SEWARD SMALL BOAT HARBOR TO J. B.
BENNISON, DBA AI.ASKA STAR CHARI'ERS.
HILTON M:lVED TO APPROJE RESOIlJTION NO. 86-31 AS AMENDED TO BE
CCNSISTENI' WITH THE AMENDMENTS TO RESOIlJTION NO. 86-30; THE M)TICN WAS
SOCONDED BY SIMUTIS AND CARRIED UNANIMXJSLY.
RESO /BRDWLK/LEASE: 7. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING THE
ISSUANCE OF A SUBSTITUTE LEASE FOR COMMER-
CIAL WATERFRONT BOARDWALK SITE NO. 3 IN
THE SMALL BOAT HARBOR TO TRAILS NORI'H,
INC.
GILLESPIE MOVED TO APPROVE RESOLUTION NO. 86-32 TO BE CONSIS-
TENI' WITH THE AMENDMENTS TO RESOLUTION NO. 86-30 AND 86-31; THE MJI'ION
WAS SECONDED BY SCHOLL AND CARRIED UNANIM)USLY.
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PAGE 175
RffiUIAR MEEI'ING - APRIL 14, 1986
VOLUME 21
I
RESO /BRDWLK/LEASE: 8. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING THE
LEASE OF A COMMERCIAL WATERFRCNT BOARIWALK
SITE IN THE SEWARD SMALL BOAT HARBOR TO
KENAI FJORDS TOURS, INC.
SIMUTIS l>DVED TO APPROJE RESOLUTICN NO. 86-33 WITH AMENDMENTS
CONSISTENI' WITH THOSE IN RESOLUTION NO. 86-30, 86-31, AND 86-32; THE
MJ'I'ION WAS SECONDED BY HILTON AND CARRIED UNANIM)USLY.
RECESS: The meeting was recessed at 8:45 p.m.; reconvened at 8:58 p.m.
RESO / SCHOOL/DEEDS: 9. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING THE
SOLE SOURCE, NEGOrIATED DISPOSAL OF ! 20
ACRES OF LAND WITHIN USS 1759 (CEMETERY
RESERVE) AT LESS THAN FAIR MARKEl' VAlliE TO
THE KENAI PENINSUIA BOROUGH FOR USE AS AN
ELEMENTARY SCHOOL SITE.
I
SIMUI'IS MJVED TO APPROVE RESOLUTICN NO. 86-34; THE l>DTION WAS
SOCONDED BY HILTON.
Garzini recorrmended that the resolution be amended by deleting
Section 2 (a) of the resolution and substituting in its stead the wording
found in Section 3 of the Quitclaim Deed attached to the resolution.
SIMUTIS AGREED TO ACCEPT THIS AS A FRIENDLY AMENDMENT; THE
QUESTION WAS CALLED AND RESOLUTION NO. 86-34, AS AMENDED, WAS APPROVED
UNANIMXJSLY.
Arvidson explained that the Council was required by Code to
make a finding that it is in the public interest to dispose of the
property without follOW"ing the appraisal procedures set forth in the
Code.
HIL'ION l>DVED TO FIND IT IN THE PUBLIC INTEREST TO DISPENSE
WITH FORMAL APPRAISAL PRCX::EDURES AS SET FOR'IH IN THE CITY CODE; THE
l>DTION WAS SOCONDED BY MEEHAN AND CARRIED UNANIl>DUSLY.
RESO/PRISON: 10. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
I
A RESOLUTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING AWARD
OF A SOLE SOURCE CONTRACT TO GENERAL
TELEPHONE COMPANY OF AI.ASKA TO EXTEND
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RffiUIAR MEEI'ING - APRIL 14, 1986
VOLUME 21
TELEPHONE SERVICE TO THE SPRING CREEK
CORRECl'IONAL FACILITY.
HIL'ION M)VED TO APPROVE RESOLUTICN NO. 86-35; THE l>DTION WAS
SOCONDED BY SCHOLL.
Diener explained that the cable to be installed by General
Telephone would handle any conceivable expansion in the area. He
further stated that GTA is a public utility serving the Seward area and
thus is exempt fran the bidding procedures set forth in the City Code.
In addition, the City had investigated other alternatives for providing
telephone service to the Correctional Center site, but had =ncluded
that the proposal submitted by GTA would be the least =stl y and rrost
reliable option.
THE QUESTION WAS CALLED AND RESOIlJTION NO. 86-35 WAS APPROVED
UNANIMXJSLY.
RESO /PURCHAS ING /ELEC. ll. Copies having been made available to the public,
DEPT: Gieseler noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING THE
PURCHASE OF A TRANSFORMER WITHGur FULL
UTILIZATION OF THE CITY'S BID PROCEDURES.
MEEHAN l>DVED TO APPROVE RESOLUTION NO. 86-36; THE l>DTION WAS
SOCONDED BY HILTON.
Gieseler noted the April 1, 1986, rnerrorandum from Diener
recomrending purchase of the transformer to replace the failed trans-
former serving the railroad tunnel.
THE QUESTION WAS CALLED AND RESOIlJTICN NO. 86-36 WAS APPROVED
UNANIMXJSLY.
RESO/CONTRACTS/ 12. Copies having been made available to the public,
POLICY: Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, ADOPTING A CON-
TRACl' CHANGE ORDER POLICY.
BOOHER MOVED TO APPROVE RESOIlJTICN NO. 86-37: THE l>DTION WAS
SECONDED BY SCHOLL.
In response to =ncerns expressed by Booher, Arvidson suggest-
ed that the policy statement (Attachment A of the resolution) be amended
by rewording the last sentence in Paragraph No. 3 to read: "The City
Council will approve in advance change orders which substantially change
the scope of work, significantly extend the project corrpletion schedule
or cause the project budget to be exceeded". Booher agreed to accept
this as a friendly amendment to the resolution.
I
I
I
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RffiUIAR MEETING - APRIL 14, 1986
VOLUME 21
THE QUESTION WAS CALLED AND RESOLUTION NO. 86-37 WAS APPROVED
AS AMENDED BY UNANIM)US VOTE OF THE COUNCIL.
RESO/CON-lli: 13. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING THE
NON-coMPETITIVE NEGOrIATED SALE OF CITY
CWNED GRAVEL RESOURCES TO AI.ASKA BRICK
COMPANY .
GILLESPIE MOVED TO APPROVE RESOIlJTICN NO. 86-38; THE l>DTION
WAS SECONDED BY HILTON.
Garzini explained that Alaska Brick Corrpany had been searching
for a particular type of gravel (sand and screened gravel mix) to use in
making the concrete at the prison site. The corrpany had atterrpted to
purchase gravel from a private source, but the gravel was not suitable
for use in the =ncrete. Therefore, the City had been approached and
asked to sell some of its stockpiled gravel at the Seward Marine Indus-
trial Center. In response to a question from M2ehan =ncerning the
price of $0.85 per ton, Diener explained that the value of the material
had been based on a =ntract which Alaska Brick had with a prior
supplier. He added that the corrpany would be doing all of the
preparatory work of running the prewash dredge through the screening
process. M2ehan contended that the price set forth in the resolution
arrounted to City subsidy of Alaska Brick's operation. Gillespie
disagreed, stating that $1.50 per yard for the resource only is a good
deal for the City. HOW"ever, Gillespie noted that the next time the City
dredges in the Fourth of July Creek area, it should use that material to
slope the area for drainage.
THE QUESTION WAS CALLED AND RESOLUTION NO. 86-38 WAS APPROVED
WITH SIX "YES" VOTES AND MEEHAN VarING "NO".
RESO/AK.NATL.GUARD: 14. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, REQUESTING THAT
THE AI.ASKA NATIONAL GUARD CONSIDER SEWARD
AS A SITE FOR A GUARD UNIT.
MEEHAN l>DVED TO APPROVE RESOLUTICN NO. 86-39; THE l>DTION WAS
SOCONDED BY SIMUTIS.
In response to a question from Gillespie, Gieseler explained
that he had requested the introduction of this particular resolution
after a =nversation with Major General Pagano, the Adjutant General of
the Alaska National Guard. Gieseler stated that Seward had once been
the home of an Alaska National Guard unit and later had served as home
of an Ar:my Reserve unit. NOW" that the Reserve unit was no longer
stationed in Seward, the National Guard was once again interested in
PAGE 178
RffiUIAR MEEI'ING - APRIL 14, 1986
VOLUME 21
locating here. Gieseler further noted that the Guard would actively add
to the economy in Seward, especially in the winter when extra incomes
were needed. He assured Gillespie that the resolution's statement
relative to "aggressively" assisting the State in establishing a Guard
unit in Seward did not conmit the City financially; rather his intent
was to lobby for the unit through letter writing and verbal signs of
City support.
THE QUESTION WAS CALLED AND RESormION NO. 86-39 WAS APPROVED
UNANIM)USLY.
x. UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
None
XII. CITY MANAGER REPORI'S:
Garzini stated that the Council had expressed an interest in
providing for rrooring cruise ships at the Fourth Avenue Dock. Peratro-
vich, Nottingham and Drage, for less than $5,000, would provide the City
with an analysis showing what needs to be done and the preliminary costs
for a cruise ship dock. He noted that, while approval of a =ntract of
this size without Council approval was within his authority as City
Manager, he would like the =nsent of the Council before proceeding.
Gieseler, with Council =nsent, instructed Garzini to proceed with the
=ntract.
Grazini noted that HB 181 (providing for in-state maintenance
of State-owned marine vessels) had passed the House with a proviso that
the bill be reviewed in 6 years. He added that he would be testifying
before the Senate during the bill's hearing.
Garzini stated that he had reviewed the local public hearing
testirrony on the Borough's proposed local hire ordinance. During this
testirrony, Al Lakey had asserted that he (Garzini) had hired a personal
secretary who had been in town only two weeks at the time she was hired.
He added that Louis March had made the same statement in a letter he had
written to the editor of the Phoenix Log. Garzini stated that actually
Ms. Martin had been in Seward for 3 rronths at the time of her hire and
her husband had been working here for nearly one year at that time. In
addition, her name had been referred by the local office of the Depart-
ment of Labor.
XIII.
COUNCIL DISCUSSION:
A. Gillespie stated that he had requested discussion of
Kenai Peninsula Borough proposed Ordinance No. 86-3 (local hire) because
he wanted everyone on the Council to be aware of what the Borough is
doing. He added that the Borough seemed to be on the right track and he
asked that the administration track the ordinance. Meehan noted that
l'i~
PAGE 179
REGULAR MEEI'ING - APRIL 14, 1986
VOLUME 21
I
the Council had tabled action on the City's proposed local hire ordi-
nance pending action on a State local hire bill. He added that the
Legislature expects to pass local hire legislation this session. Booher
noted that the State has tied "qualified" to its proposed legislation
and added that he sees this as a good rrove.
MEEHAN stated that Representative Cato and Senators Kerttula
and Coghill had been very responsive to to the needs of the residents of
Crown Point follOW"ing the disaster this Spring. He further stated that
his trip to Juneau with Garzini and Hilton had been enlightening and
educational. He added that it was irrportant for rrernbers of the Council
to make these trips to Juneau occasionally to lobby for those issues
irrportant to the City.
SCHOLL noted that this rreeting's agenda had contained many
pro-development issues and shOW"ed a willingness of the Council to look
out for the economic as well as the quality of life issues facing the
ccmnunity.
HIL'IDN concurred with M2ehan' s =rments =ncerning the trip to
Juneau to lobby for HB 181. He also advised that Forest Acres carrp-
ground is already filling up even though the carrpground is not official-
ly open to public camping. He stated that some carrpers had been in
residence at the park for rrore than one rronth.
I
GIESELER noted the proclamations appearing on the consent
calendar. He also stated that he probably travels to Juneau rrore than
any other rrember of the Council and has found that when Seward speaks,
the legislators listen. Gieseler stated that he had talked with Charrber
of Corrrrerce Executive Director Harry Drew and had been infonned that the
Chamber had actually made rroney during the last 3 rronths and is looking
forward to a strong sumner. Gieseler asked if the City is still con-
sidering the purchase of the old "Andrews" building; Garzini stated that
it is being "looked into".
XIV. CITIZENS' DISCUSSION:
WALTER CHRISTOLEAR, Apartment No.6, Br= & Hawkins Apart-
ments, suggested that the City purchase the Brosius Noon Mall, stating
that it would make a nice Senior Center. He also cornrented on the City
of Fairbanks' lobbying efforts relative to legalizing gambling in
certain communities. He suggested that the City =nsider dredging the
Louisiana Pacific log pond for use as a small boat harbor. Finally,
Christolear asked why the carrpground fee collector wasn't out collecting
campground fees.
BOB VALDATTA, 528 Fifth Avenue, cornrnented on local hire and
asked about the status of the Chemical Bank contract.
I
IDUIS MARCH, Mile 5.5, Seward Highway, responding to Garzini' s
corrrrents, asked why he had not hired a "local" woman and asked what had
happened to his previous secretary.
XV. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' Ca1MENTS:
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PAGE 180
REGUIAR MEETING - APRIL 14, 1986
VOLUME 21
MEEHAN stated that Chemical Bank would be canpiling all its
information including prospective proposals, and would be presenting the
City with a full report in a couple of YJeeks.
SCHOLL stated that the City has an excellent =ntract with the
caITq?ground fee =llector, but it is not his responsibility to police
"early campers". Scholl also stated that Garzini' s prior secretary is
still a City errployee and that Garzini made good choices in his decision
to hire his current secretary and to transfer his former secretary.
GILLESPIE stated that the City should investigate the pos-
sibility of purchasing the Mall. He also asked that the Administration
=nduct a quick study on the Louisiana Pacific log pond proposal.
GIESELER chastised Christolear for his earlier rude remarks to
the Council.
XVI. ADJOURNMENI':
The rreeting was adjourned at 9:55 p.m.
------------------------------------------------------------------------
PAGE 180
REGUIAR MEEI'ING - APRIL 28, 1986
VOLUME 21
I. CALL TO ORDER:
The April 28, 1986, regular meeting of the Seward City Council
was called to order at 7: 30 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREMJNY:
Councilnember Gillespie led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilnembers Booher, Gil-
lespie, Hilton, Scholl and SiIlUltis (Councilrrern-
ber M2ehan was absent with Council =nsent)
Present also: Deputy City Manager Schaefermeyer, City Attor-
ney Arvidson and City Clerk Mw:phy
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RffiUIAR MEEI'ING - APRIL 28, 1986
VOLUME 21
I
SPOCIAL ITEM:
Gieseler introduced Junior Councilrrember Doug Fletcher and
presented him with a City pin.
IV. APPROVAL OF MINUTES:
HILTON MOVED TO APPROVE THE APRIL 1 AND APRIL 14, 1986,
MINUTES AS WRITTEN; THE MC1l'ION WAS SOCONDED BY SIMUTIS AND CARRIED WITH
SCHOLL ABSTAINING CN THE APRIL 1 MINUTES AND ALL OI'HER MEMBERS VOTING
"YES".
V. APPROVAL OF CONSENT CALENDAR AND REGUIAR MEEI'ING AGENDA:
At the request of Schaefermeyer, GILLESPIE MOVED TO MEEI' IN
EXECUTIVE SESSION IMMEDIATELY FOLLaVING THE CLOSE OF REGUIAR BUSINESS IN
ORDER TO DISCUSS MATTERS UNDER LITIGATION WHICH MIGHT HAVE A FINANCIAL
IMPACT CN THE CITY; THE l>DTION WAS SECONDED BY SCHOLL AND CARRIED
UNANIMXJSLY.
Gillespie requested that Consent Calendar Item No. 7 (proposed
security agreement for Small Boat Harbor patrons) be !lOVed to the
regular agenda as Item No. XI (B) .
I
SCHOLL MOVED TO APPROVE THE REGUlAR MEEI'ING AGENDA AND THE
CONSENT CALENDAR AS AMENDED; THE MC1l'ION WAS SOCONDED BY BOOHER AND
CARRIED UNANIM)USLY. The follOW"ing actions were taken:
RESO/LOANS/LITTLE
LEAGUE/GRANTS:
1. Resolution No. 86-40, converting a $4,000 loan to the
Little League Association to a grant, was approved and
filed;
C.ATTY:
2. HTGP&B invoices for legal services rendered in January
1986 totalling $53,587.24 and in February 1986 totalling
$12,571.40 were approved for payment and filed;
CON-lilt :
3. CHange order No. 3 to the CCC Architects Alaska contract
increasing the contract arrount by $1500 was approved and
filed;
CON - J1QjHARBOR:
4. Request for assignment of the Marine Fuel License Agree-
ment for the Texaco Marina Fuel Dock from Marathon Fuel
Corporation to Joe Rogers was approved and filed;
CON-!~Co /IMPOUND:
5. Request for approval of a contract wi th Rivers Towing
Service to provide tOW"ing and irrpound services for the
City was approved and filed;
RE-~/MARINA SUB:
6. Request for approval of a sublease of City property from
Harold Johnson to l<1arathon M2rchandising, Inc., was
approved and filed;
I
7. M::>ved to Regular M2eting Agenda Item No. XI (B);
182
TRADE BOARD:
CON-M:
SIGNS/ORD:
PAGE 182
RffiUIAR MEEI'ING - APRIL 28, 1986
VOLUME 21
8.
Request for authority to advertise a vacancy on the
Seward International Trade and Corrmerce Advisory Board
was approved and filed;
9. Recormrendation that the Council cancel the May 26, 1986,
meeting was approved and filed;
10. Change orders No. 3 and 4 to the Sarrwhan =ntract in-
creasing contract arrount by $24,381.00 was noted for
information and filed; and
11. Alaska utility rates conparative report as submitted by
Utilities Manager E. Paul Diener was noted for informa-
tion and filed.
VI. BOROUGH ASSEMBLY REPORT':
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall was not present and no report was given.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND RESOIlJTICNS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
1. Copies of the original proposed ordinance and newly
revised substitute ordinance (No. 557-S) having been made available to
the public, Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING CHAPrER 6
TO INCLUDE SIGN STANDARDS.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened.
RENNY SEABERG, Seward's Folly, president of SCHARE (Seward
Cabaret, Hotel and Restaurant Establishments) thanked the Council, the
Planning Corrrnission, Administrative Assistant Kerry Martin and Ruth
McHenry for the time and effort they had put into the developrent of the
sign ordinance. She stated that, while rrost of SCHARE's =ncerns had
been addressed, the group was recorrmending the deletion of Section
6-11. 7 (h) [prohibiting signs with illuminating devices having a changing
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RffiUIAR MEEI'ING - APRIL 28, 1986
VOLUME 21
I
light intensity, or which create an appearance or illusion of writing,
printing or animation], and Section 6-11.8 (c) (1) (b) [allOW"ing projecting
signs only over marquees]. She stated that this provision discriminated
against those merchants renting their business establishments.
RUTH M::HENRY, 508 First Avenue, asked that when Council
=nsiders the resolution setting sign permit fees it not adopt the UBC
scale as recorrmended by the Administration. She suggested that the
Council approve a flat fee of $25 per sign. McHenry also noted that
Council had been provided a =py of a letter which she and Carol Gris-
wold had prepared listing several reconrrended changes to the revised
sign ordinance under consideration.
CAROL GRISIDLD, 412 First Avenue, en=uraged the Council to
approve the resolution in some fOIm at this rreeting. Griswold stated
that changes to the ordinance =uld be made at a later date if any
sections were found to be unworkable.
No one else appeared in order to be heard and the public
hearing was closed.
I
Murphy noted that the rrotion to approve proposed Ordinance No.
557 was tabled at the last meeting; therefore, a rrotion to enact was not
necessary. HOW"ever, if the Council chose to approve the revised ordi-
nance as recorrmended by the Administration and the Planning Carrnission,
it would be necessary for it to amend the original ordinance to read as
Ordinance No. 557-S. A vote on the amendment would be follOW"ed by a
vote on the ordinance as amended.
In response to a question from Gillespie, Martin explained
that McHenry's proposed changes were not contained in Ordinance No.
557-S, but had been initiated after the Planning Corrrnission' s approval
of all of the changes contained in 557-S. SiIlUltis stated that, after
working on the ordinance for such a long period of time, it was dis=n-
certing to be getting rrore letters at "this late date". She recornrended
Council approval of 557-S.
SCHOLL MOVED TO AMEND PROPOSED ORDINANCE NO. 557 TO READ AS
ORDINANCE NO. 557-S; THE MC1l'ION WAS SOCONDED BY SIMUI'IS.
Martin noted that Council had been =pied with a rnerrorandum
from Planning Commissioner Margaret Branson which contained two
suggested amendments to the proposed ordinance: 1) prohibiting signs
above the roof line in the historic districts; and 2) referencing
Section 6-11.7(0) in Section 6-11. 8 (c) Signs in the General
Camercial (Do.vntown) District. Martin recornrended Council approval of
these two suggested amendments.
SCHOLL AND SIMUI'IS AGREED TO ACCEPT THESE AS FRIENDLY AMEND-
MENI'S.
I
Scholl noted that the ordinance was still 15 pages long and
added that he wished there had been a sirrpler was to "do it".
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PAGE 184
REGUIAR MEEI'ING - APRIL 28, 1986
VOLUME 21
THE QUESTION WAS CALLED AND THE AMENDMENT WAS APPIDlED UNANI-
MJUSLY. THE QUESTION WAS CALLED CN THE MAIN l>DTION AND ORDINANCE NO.
557 WAS ENACI'ED AS AMENDED BY UNANIM)US VOTE OF THE COUNCIL.
ASSMTS/ORD: 2. Copies having been made available to the public,
Gieseler noted by ti tIe only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, LEVYING THE
ASSESSMENT FOR THE SPECIAL IMPROVEMENT
DISTRICl' DESCRIBED AS SANITARY SEWER
DISTRICl' 86-2.
Murphy noted that public hearing had been =nducted on this
ordinance at the April 12 meeting and that a rrotion to enact at that
time had been tabled; therefore no rrotion was necessary prior to voting
on enactment. Gieseler noted the April 18, 1986, rnerrorandum from
Engineering and Utilities Manager Paul Diener recommending enactment of
Ordinance No. 559 and 560 as drafted.
THE QUESTION WAS CALLED AND THE l>DTION TO ENACT ORDINANCE NO.
559 WAS APPIDlED WITH FIVE "YES" VOTES AND GILLESPIE ABSTAINING.
ASSMTS/ORD: 3. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, LEVYING 'IRE
ASSESSMENT FOR THE SPECIAL IMPROVEMENT
DISTRICl' DESCRIBED AS SANITARY SEWER TRUNK
DISTRICl' 86-3.
Murphy explained that, while action on this ordinance had been
tabled at the last rreeting, there was no rrotion on the floor to enact;
therefore a rrotion was needed prior to action.
SIMUTIS MOVED TO ENACT ORDINANCE NO. 560; THE l>DTICN WAS
SOCONDED BY HIL'ION AND CARRIED WITH FIVE "YES" VOTES AND GILLESPIE
ABSTAINING.
SGH/ORD/BUDGET: 4. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING SECl'ION
2-55 (a) .5 OF THE SEWARD CITY CODE REIATIVE
TO THE CCMMUNITY HOSPITAL BOARD BUDGET
PROCEDURES.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
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RffiUIAR MEEI'ING - APRIL 28, 1986
VOLUME 21
I
BOOHER l>DVED TO ENACl' ORDINANCE NO. 562; THE l>DTICN WAS
SOCONDED BY SIMurIS.
In response to a question from Scholl, AL LAMBERSON, president
of the Hospital Board, stated that the Board fully supported the pro-
posed ordinance.
THE QUESTION WAS CALLED AND ORDINANCE NO. 562 WAS ENACl'ED BY
UNANIMJUS VOTE OF THE COUNCIL.
C. Resolutions:
RESO/CON-jaf:./SMIC: 1. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING A SOLE
SOURCE CONTRACl' TO AFOGNAK LOGGING FOR THE
PERFORMANCE OF MAINTENANCE DREDGING AT THE
SEWARD MARINE INDUSTRIAL CENTER AND
APPROPRIATING FUNDS.
BOOHER l>DVED TO APPROVE RESOLUTICN NO. 86-41; THE l>DTION WAS
SECONDED BY SIMUTIS.
I
Diener noted a technical error in the resolution and stated
that the project budget figure would be changed from $40,894.00 to
$37,789.00. In response to a question from Booher, Schaefermeyer stated
that the City had been advised by the design engineer that the basin at
the SMIC dock provided an adequate draft for a 300' vessel. Since the
dock was not originally meant to be a cornrercial dock, this was con-
sidered adequate. NOW" that the City is planning to use the dock for
more than a lifting facility, additional dredging of the basin will be
required. Otherwise, at minus tide, vessels such as those in the Polish
fleet IlUlst be diverted to Anchorage for services. He recorrmended
approval of the resolution.
THE QUESTION WAS CALLED AND THE l>DTION PASSED WITH FIVE "YES"
VOTES AND GILLESPIE ABSTAINING. (Gillespie abstained because of his
business dealings with the OW"Der of Afognak Logging.)
SIGNS/PERMITS/RESO: 2. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, ESTABLISHING A
SIGN PERMIT FEE.
GILLESPIE r.OVED TO APPROVE RESOLUTION NO. 86-42; THE l>DTION
WAS SOCONDED BY SIMUI'IS.
I
SiIlUltis stated that she agreed with McHenry that the Council
should set one fee for signs and not use the UBC fee schedule. Diener
stated that, with the UBC schedule, rrost local sign permits will =st
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RffiUIAR MEEI'ING - APRIL 28, 1986
VOLUME 21
the owners $15-30 each. Since the fees are based on dollar value of the
sign, only the rrore expensive signs would cost rrore than $30. He added
that, generally speaking, the rrore =stly the sign, the rrore complex the
review and inspection process. He cautioned that it was irrportant that
the permitting and review program pay for itself so that the whole City
would not be saddled with the =st of the sign inspection program.
SiIlUltis disagreed, stating that even sirrple signs such as the one above
her business are very expensive and objected to charging rrore than $25
per sign.
THE QUESTION WAS CALLED AND RESOIlJTICN NO. 86-42 WAS APPROVED
WITH FIVE "YES" varES AND SIMUTIS VarING "NO".
X. UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
HOSPITAL BOARD: A. SCHOLL MOVED TO APPROVE THE APPOINI'MENT OF JOHN LOHSE TO
THE SEWARD GENERAL HOSPITAL BOARD TO FILL THE REMAINDER OF HIS
(SCHOLL'S) TERM; THE l>DTION WAS SOCONDED BY GILLESPIE AND CARRIED WITH
FIVE "YES" VOTES AND HILTON ABSTAINING. (Hilton is an errployee of
Seward General Hospital.)
B. April 23, 1986, rnerrorandum from Schaefermeyer recornrend-
ing that the Council deny the request of Williams Security Service to
operate a security service for boat owners in the Small Boat Harbor was
noted.
Gillespie stated that he had requested discussion of this
item. He noted that allOW"ing the operation of a security service in the
Boat Harbor would remove a public burden and place that burden in the
private sector, thus decreasing the tax burden to the citizens of the
coomunity. He added that, ac=rding to Williams, Police Chief Bencar-
dino favored his proposal. Schaefermeyer stated that he =uld never
re=rrrrend approval of Williams' proposal because of the potential
liability to the City. He added that the City =uld not afford insur-
ance =verage for such a service even if insurance coverage could be
found. In response from a question from Gillespie, Schaefermeyer noted
that Williams may not need the City's blessing to proceed with his
planned security service. He added, hCMever, that the Council should
not go on record as endorsing the proposal. Chief Bencardino stepped
forward and explained that he had been approached by Williams and had
been asked if he would object to the initiation of a security service
for Boat Harbor patrons and that he had responded that, if all state
regulations were follOW"ed, he (Williams) would be within his rights to
offer the service to boat owners. Williams then asked about providing
some sort of radio =ntact with the Police Department; Bencardino
suggested a citizens' band radio. In response to questions from the
Council, Harbonnaster Foster Singleton stated that he would rather not
be involved with the security service. Arvidson stated that the City
probably cannot stop Williams from offering and providing the security
service. Scholl suggested that the best =urse of action was no
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REGUIAR MEETING - APRIL 28, 1986
VOLUME 21
I
official action. In response to a question from Gillespie, Bencardino
stated that thefts in the Boat Harbor last year totalled $15-20 thou-
sand.
GILLESPIE MOVED TO TABLE ACTION CN THIS MATTER UNTIL THE
ADMINISTRATION RESPONDS TO CONCERNS RAISED BY THE COUNCIL; THE l>DTION
WAS SOCONDED BY SIMUTIS AND CARRIED UNANIM)USLY.
XII. CITY MANAGER REPORT'S:
Schaefermeyer noted that the Hospital Board was =nducting a
public hearing on the proposed hospital budget on Tuesday night at 7:30
p.m. He also stated that the Administration had scheduled a City budget
work session for ]\bnday, May 5, at 7:00 p.m. He added that the first
public hearing on the budget would be =nducted on May 12 with se=nd
public hearing and adoption scheduled for June 9.
XIII.
COUNCIL DISCUSSION:
GIESELER reminded everyone that May 3 was Super Saturday and
challenged the Council to fill rrore bags than the Mayor. He also
reported that HB 181 was now rroving through the Senate and that its
future looks bright.
I
BOOHER stated that it was irrportant that the Administration
get the proposed budget to the Council as soon as possible and asked
that it be distributed before the end of the week.
GILLESPIE asked if the Administration had looked into the
possible utilization of the Louisiana Pacific log pond and the possible
purchase of the Brosius Noon Mall for the Senior Center. Schaefermeyer
stated that the Administration had not had an opportunity to look into
the L-P issue. He added that the Senior /Cormn.mity Center Advisory Board
would be looking into the suitability of using the Mall for the Center
at its next meeting.
SCHOLL asked if the hospital had considered the increased cost
of dealing with those in protective custody when putting together next
year's budget. He stated that the public should be aware of the =st of
feeding people too IlUlch alcohol.
XIV. CITIZENS' DISCUSSION:
I
KERRY MARrIN, Mile J." Exit Glacier Road, thanked the Council
for approving the sign ordinance. He stated that cc:>rrprornises had been
made on everyone's part to arrive at the finished product. He added
that the new Borough Planner had reviewed the ordinance and had said
that it was very good for a "first crack". The Planner will be =nduct-
ing a seminar on sign ordinances this Fall and will be using the City's
ordinance as an example for the =urse. He thanked McHenry and SCHARE
for their help in creating and revising the sign ordinance. Martin also
stated that the Alaska Railroad round trip passenger service to Anch-
orage had been a great success. He also thanked the Mayor for his Super
Saturday challenge.
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REGUIAR MEEI'ING - APRIL 28, 1986
VOLUME 21
STANLEY LEMAS, Mile 6. 5, Seward, Highway, representing ILWU,
voiced his concern that no Arrericans were working on the foreign fishing
boat loading fish at the dock. Lemas also corrmented on SMIC leases
(should not be exclusive), variable rates for City leases, dredging the
boat lift area to accommdate the Polish Fleet (opposed), proposed
se=ity service in the Boat Harbor (opposed) and the sign ordinance
(not needed) .
WALTER CHRISTOLEAR, Apartment No.6, Br= and Hawkins Apart-
ments, stated that Williams Se=ity Service is currently operating in
Homer. He issued his own Super Saturday challenge. He also asked why
the Chamber of Corrmerce would not allOW" certain businesses to register.
XV. COUNCIL AND ADMINISTRATICN RESPCNSE TO CITIZENS' CCMMENTS:
GIESELER stated that Christolear' s last question was a Charrber
matter.
SCHOLL asked about Lemas' allegations concerning the foreign
fishing boat. Schaefermeyer stated that he had investigated and found
that the M/S Orion had been issued a Terminal Use Permit by the City to
take on herring from Seward Fisheries. He stated that crews from the
vessel were not working on the dock, but were working on the ship. He
stated that he was unaware that any federal law had been broken.
GILLESPIE stated that, if it is in conpliance with federal
law, the City should pass a law that only local individuals should be on
the ship's gear.
JAMIE ROSE, 407 Third Avenue, was allowed by the Mayor to
speak to this issue. He stated that Arrericans should be errployed to
handle the ship's gear when it is docked.
GIESELER asked why this issue was being raised at this time
when he and the Administration had taken irmediate steps to look into
the issue as soon as it had been raised earlier in the day.
SCHOLL stated that the City should be more aggressive in this
area and asked that the Administration look into provisions which would
mandate that Arrericans be hired when possible.
GILLESPIE stated that the City needs to set a policy on this
issue. He directed that this be placed on the Agenda as soon as the
Administration has a report ready for Council.
SCHOLL asked about Lemas' allegation that variable rates were
used in the Boat Harbor leases. Schaeferrneyer stated that the Council
would be provided a list of rates of all City leases at the next rreet-
ing. In response to a question from Scholl =ncerning electric rates,
Diener stated that Suneel's rates are the highest in t=. He noted
that all other users are metered and pay appropriate rates.
SCHAEFERMEYER noted that the City's reason for dredging the
SMIC basin was not solely for the benefit of the Polish fleet. He
I
I
I
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RmJLAR MEEI'ING - APRIL 28, 1986
VOllJME 21
stated that the City wants to be able to accomrodate rrore than one
vessel at once at the SMIC dock.
XVI. ADJOURNMENT:
~ ~ ~<,<J:.
11 . G~eseler
Ma
RffiUIAR MEEI'ING - MAY 12, 1986
VOLUME 21
I. CALL TO ORDER:
The May 12, 1986, regular meeting of the Seward City Council
was called to order at 7: 30 p.m. by Mayor Harry E. Gieseler.
II.
OPENING CEREM:.NY:
Counci1nernber Hilton led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Counci1nernbers Booher, Gil-
lespie, Hilton, M2ehan, Scholl and SiIlUltis
Present also: City Manager Garzini, Deputy City Manager
Schaefermeyer, City Attorney Arvidson and Depu-
ty Clerk Audette
SPOCIAL ITEMS:
A. Gieseler introduced Junior Counci1nernber Rachel James and
presented her with a City pin.
IV. APPROVAL OF MINUTES:
IT WAS l>DVED BY HILTON AND SOCCNDED BY BOOHER TO APPROVE THE
APRIL 28, 1986, MINUTES AS WRITI'EN.
Scholl stated that he would be =rning back to Council at a
later meeting with possible amendments.
190
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REGUIAR MEETING - MAY 12, 1986
VOLUME 21
STAINING.
rreeting. )
THE QUESTION WAS CALLED AND THE MC1l'ION CARRIED WITH MEEHAN AB-
(M2ehan abstained due to his absence from the April 28, 1986,
V.
APPROVAL OF CONSENT CALENDAR AND RffiUIAR MEEI'ING AGENDA:
MEEHAN MOVED TO MEEI' IN EXOCurIVE SESSION IMMEDIATELY FOLl.D'l-
ING THE MEETING IN ORDER TO DISCUSS PERSONNEL MATTERS; THE l>DTION WAS
SOCONDED BY HILTON AND CARRIED UNANIM)USLY.
MEEHAN l>DVED TO APPROVE THE CONSENT CALENDAR AND THE RffiUIAR
MEEI'IN3 AGENDA AS PRESENTED; THE l>DTICN WAS SOCONDED BY SIMUTIS AND
CARRIED UNANIM)USLY. The follOW"ing actions were taken:
CITY COUNCIL:
1.
Request for =rrpensation of $150.00 for loss of pay
and/or annual leave while being deposed in Anchorage
=ncerning the IBEW litigation as filed by Councilrrember
Hilton was approved for payment and filed; and
2. May 6, 1986, rnerrorandum from Schaefermeyer regarding
short teIm leases of Ci ty-owned Lot 16, Seward Industrial
Park SUbdivision, was noted for information and filed.
VI. BOROUGH ASSEMBLY REPORT':
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the May 6, 1986, assembly rreeting.
VII. PUBLIC HEARINGS:
PUBLIC HEARING A. Notice of public hearing as posted and published by law
(Budget) : relative to the FY87 City of Seward budget was noted and the public
hearing was opened.
PAT O'BRIEN, 209 Ravina Street, Seward, carne forward and urged
the Council to only =nsider proposed Alternate "B" - not Alternate
"A" . 0' Brien also spoke in opposition to the =ncept of irrposing an
additional 1% sales tax and a boat tax to generate general fund operat-
ing revenue. O'Brien offered three suggestions regarding the City
travel budget of $41,350: 1) Eliminate overseas/out-of-country travel;
2) Eliminate all out-of-Alaska travel except that approved by Council
on a case-by-case basis; and 3) All out-of-town travel be approved by
the City Manager.
No one else appeared III order to be heard and the public
hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
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PAGE 191
REGUIAR MEETING - MAY 12, 1986
VOLUME 21
I
1. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING SECI'ION
19A-41 OF THE CITY CODE, SPOCIFICALLY
AI.ASKA STATUTE CITATION CONTAINED THEREIN.
SIMUTIS MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 563; THE
l>DTICN WAS SOCONDED BY HILTON AND CARRIED UNANIM)USLY.
2. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING SECI'ION
2-6 (a) OF THE CITY CODE TO CCNFORM WITH
SECI'ION 8-10 OF THE CITY CODE - ELIGIBIL-
ITY FOR ELOCTIVE OFFICE.
BOOHER MOVED TO llITRODUCE PROPOSED ORDINANCE NO. 564; THE
l>DTION WAS SOCONDED BY SIMUTIS AND CARRIED UNANIM)USLY.
3. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
I
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING SECI'ION
8-9 (a) OF THE CITY CODE REIATIVE TO VOI'ER
QUALIFICATION.
MEEHAN MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 565; THE
MC1l'ION WAS SOCONDED BY HILTON AND CARRIED UNANIMXJSLY.
4. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING SECTICN
2-11 OF THE SEWARD CITY CODE TO CONFORM
WITH AS 29.20.010 - CONFLICl' OF INTEREST.
HILTON l>DVED TO INTRODUCE PROPOSED ORDINANCE NO. 566; THE
l>DTION WAS SOCONDED BY BOOHER AND CARRIED UNANIMJUSLY. (In response to
questioning, Arvidson explained the steps in order for a Counci:J.nernber
to declare a conflict of interest under the proposed ordinance: 1) A
Counci:J.nernber would state to the Council that s/he felt there was a
=nflict; 2) the Mayor would make a ruling--either agree or disagree;
and 3) the Council would have the option to overrule the Mayor on that
decision. )
I
5. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
192
PAGE 192
REGUIAR MEETING - MAY 12, 1986
VOLUME 21
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AIASKA, REPEALING AND
RE-ENACTING CHAPTER 13 OF THE SEWARD CITY
CODE (INITIATIVE, REFERENDUM AND ROCALL)
TO CONFORM TO THE ROCALL PROVISIONS IN
AI.ASKA STATUTES TITLE 29.
SIMUTIS MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 567; THE
l>DTION WAS SOCCNDED BY HIL'ION AND CARRIED UNANIMXJSLY.
6. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, PROVIDING FOR THE
REM)VAL OF MEMBERS OF THE COUNCIL FOLI.aV-
ING CONVICl'ION OF A VIOLATION UNDER AI.ASKA
STATUTES TITLE 15.
MEEHAN MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 568; THE
MJI'ION WAS SOCONDED BY SCHOLL AND CARRIED UNANIMXJSLY.
CITY COUNCIL/ORD: 7. Copies having been made available to the public,
(Failed on Gieseler noted by title only a proposed ordinance entitled:
introduction)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING CHAPTER
17 OF THE CITY CODE REIATIVE TO THE
EMPLOYMENT OF FAMILY MEMBERS.
HILTON MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 569; THE
l>DTION WAS SOCCNDED BY SIMUTIS.
City Clerk M.lrphy reported that a rnerrorandum had been dis-
tributed to Councilmembers asking for a response =ncerning the proposed
ordinance and that she had received only neutral or positive corrments.
Gillespie, Booher and M2ehan stated that the proposed ordinance as
written was too broad; that it would be acceptable if it was amended to
exclude only immediate family members of Council1rembers from permanent,
full-time City errployment. Garzini stated that he felt the ordinance
would be curing a non-problem and did not wish to sponsor the proposed
ordinance.
THE QUESTION WAS CALLED AND THE l>DTION FAILED 'IO CARRY BY A
UNANIM)US VOI'E.
8. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA AMENDING SECl'ION
19A-39 OF THE CITY CODE BY ELIMINATING
EXEMPTIONS WHICH AI..LaVED BOATS AND VESSELS
I
I
I
CON - J.O..l:L :
(COilS)
193
PAGE 193
REGUIAR MEETING - MAY 12, 1986
VOLUME 21
TO BE TAXED ACCORDING TO THEIR NET TON-
NAGES RATHER THAN ASSESSED VAilJES.
SIMUTIS MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 570; THE
l>DTION WAS SOCONDED BY BOOHER. (A =st =rrparison between Seward,
Horner, Whittier and Kodiak for moorage and harbor services was dis-
tributed to the Council.)
Garzini, in response to questioning, explained that the
proposed ordinance atterrpts to pass on a share of the =st of providing
City services to those out-of-towners who moor their boats in Seward.
Presently the boat OW"ner is taxed on the vessel's net tonnage at a rate
of $5/year for under 5 tons or $15/year for over 5 tons. He added the
proposed ordinance would have less irrpact on the carrnercial boats, as
they tend to be older and therefore have depreciated in value, than the
newer, recreational boats. Garzini reported that approximately 85% of
the slips in the small boat harbor were occupied by vessels owned by
people who live out of t=. Projected revenue this year under the
proposed ordinance would be $60,000 which would help solve the =rent
shortfall in the General Fund budget caused by the decrease in revenue
sharing funds.
FollOW"ing a short discussion, THE QUESTION WAS CALLED AND THE
l>DTION CARRIED UNANIMXJSLY.
B.
Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
1. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, FOR THE PURPOSE OF
FUNDING ADDITIONS TO OFFSITE IMPROVEMENTS
FOR GATEWAY SUBDIVISION.
SIMUTIS l>DVED TO APPROJE RESOLUTICN NO. 86-43; THE l>DTION WAS
SECONDED BY HILTON. (May 6, 1986, rnerrorandum from Paul Diener, Engi-
neering and Utilities Manager, requesting an appropriation of $42,000 to
the Gateway project, approval of Change Orders 5 and 6 to the Gateway
Ventures, Inc. =ntract, and approval of scheduling a public hearing
date for formation of a Gateway Subdivision Water Tank Assessment
District, was noted.)
In response to questioning, Garzini explained that the orlgl-
nal agreement with Gateway Ventures, Inc., stated that the City would
pay all offsite irrprovements incurred during rJ1e subdivision develorxrent
and that Gateway Ventures, Inc., would pay all onsite irrprovements.
Gateway Ventures was to be assessed for any offsite irrprovements which
would directly benefit Gateway Subdivision. When the Council rejected
the proposed area wide assessment district, Gateway Ventures found
194
HARBOR:
CON-J.J2.:
TRADE BOARD:
PAGE 194
REGUIAR MEEI'ING - MAY 12, 1986
VOLUME 21
itself "out-of-pocket" for the total aITOunt of offsite irrprovements
benefitting Gateway Subdivision. Gateway Ventures nOW" wishes to recover
its out-of-pocket expenses, as per the original agreement, and has
agreed to repay its =st of the irrprovements through the formation of an
assessment district.
FollOW"ing discussion, SCHOLL MOVED TO SEPARATE THE VOTE ON THE
PROPOSED CHANGE ORDERS FR(M THE PROPOSED RESOLurION. THE MC1l'ION WAS
SOCQNDED BY HILTON AND CARRIED WITH BOOHER VOTING "NO" AND GILLESPIE
ABSTAINING.
MEEHAN MOVED TO APPROIlE CHANGE ORDER NO. 5 TO THE GATEWAY
VENTURES CONTRACT IN THE AM:XJNI' OF $5,082.23; THE l>DTION WAS SOCONDED BY
SIMUTIS AND CARRIED WITH GILLESPIE ABSTAINING.
MEEHAN MOVED TO POSTPONE APPROVAL OF CHANGE ORDER NO. 6 TO THE
GATEWAY VENTURES CONTRACT IN THE AM){JNT OF $40,877.72 UNTIL THE NE}IT
REGUIAR MEEI'ING OF romCIL; THE l>DTION WAS SOCONDED BY HILTON AND
CARRIED WITH GILLESPIE ABSTAINING.
With the consent of Council, Councilrrember Gillespie stepped
from the dais and spoke as a private citizen before Council in favor the
proposed assessment district.
NOTE: As a principal of Gateway Ventures, Inc., Gillespie abstained
from voting due to a conflict of interest.
[No action was taken by Council at this time regarding the
rrotion to approve proposed Resolution No. 86-43, it will appear on the
next regular rreeting agenda.]
X. UNFINISHED BUSINESS:
A. May 9, 1986, rnerrorandum from Schaefermeyer reporting that
security guard agencies are licensed and regulated by the Alaska Depart-
ment of Public Safety pursuant to AS 18.65.400-490 and, therefore, the
request by Williams Security Service for council approval to operate a
private security service for boat =er in the Seward harbor required no
action, was noted. The Council =ncurred with Schaefermeyer's recorrmen-
dation that no action be taken.
XI. NEW BUSINESS:
A. HILTON l>DVED TO APPROVE CHANGE ORDER NOS. 2 AND 3 TO THE
CITY ELECl'RIC, INC., CONTRACT IN AN AMaJNT Nor EXCEED $21,880.63; THE
l>DTICN WAS SOCQNDED BY MEEHAN AND CARRIED UNANIMXJSLY. (April 29, 1986,
rnerrorandum from Diener explaining the necessity of the change orders was
noted. )
B. May 8, 1986, rnerrorandum from City Clerk Murphy reporting
that a vacancy on the Seward International Trade and Cc.rcIrerce Advisory
Board was created by the resignation of Bob Richardson and applications
had been received for the position from Harry J. Drew, G.W. (Srokey)
KnaW, Patrick J. Reilly and Lawrence Urbach was noted. FollOW"ing the
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RffiUIAR MEEI'ING - MAY 12, 1986
VOLUME 21
I
casting and =unting of a secret ballot, it was announced that Knapp
would be appointed to the Board with the tem to expire November, 1989.
XII. CITY MANAGER REPORT'S:
Schaefermeyer reported that the negotiations with IBEW would
resume in one week.
XIII.
COUNCIL DISCUSSION:
BOOHER questioned Schaefermeyer on the status of the requests
for funding of the rails and cradles, the status of HB 181 regarding
State ferry maintenance, and recovering lost revenue sharing rroney due
to the error in the Borough's tax bill for the drilling rig in Resur-
rection Bay. At Booher's request, another work session was scheduled on
the FY87 budget for June 2, 1986, at 7:00 p.m.
MEEHAN requested a list of all delinquent electric customers
and the aITOunt due to the City. Bob Peirson, Corrptroller, reported from
the audience that approximately 50 customers were scheduled for electric
shut-off during the next day. M2ehan also requested a copy of the
Disaster Preparedness Plan. John Gage, Fire Chief, reported from the
audience that the Plan was scheduled to be typed this Wednesday.
I
SIMUTIS requested a tour of the prison construction site.
Diener, with Council's =ncurrence, set May 30, 1986, at noon, for
interested Councilmembers to participate in a bus tour of the site. In
response to questions regarding the final report from Chemical Bank on
Seward Marine Industrial Center (SMIC) , the administration reported that
that information was to be telecopied to the City this Friday.
HILTON stated that he would like to see the City close the
agreerrent with Chemical Bank and move tOW"ard leasing sites at SMIC.
GIESELER corrmended the Ci ty personnel on hOW" last week's
tsunami warning was handled.
XIV. CITIZENS' DISCUSSION:
WALTER CHRISTOLEAR, Br= and Hawkins Apartment No.6, Seward,
distributed a copy of a letter addressed to the Alaska Board of Fisher-
ies supporting the management of Bear Lake for both sockeye and =ho and
a salt water =ho srrolt release and asked for support from the City.
PAT O'BRIEN, 209 Ravina Street, Seward, asked for a copy of
the change order policy developed at a recent Council work session.
Audette stated that copies are available in the Clerk's office for
public review. In relation to the proposed tax on boats, O'Brien stated
that he thought that vessels and boats would be assessed at full market
value - not depreciated value.
I
HERMAN LEIRER, Dairy Hill, Seward, carne forward and offered
several suggestions to help keep the City looking clean and attractive.
1) Dispatch the City police to issue warnings and citations to people
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REGULAR MEEI'ING - MAY 12, 1986
VOLUME 21
who travel with open garbage loads to the durrp; 2) require boat owners
who store their vessels on dry dock to submit a deposit to ensure the
storage area is left clean when the boats are returned to the water;
and, 3) en=urage contractors to clean up their =nstruction areas by
use of the deposit system.
xv. COUNCIL AND ADMINISTRATION RESPCNSE TO CITIZENS' CCMo1ENTS:
BOOHER, in response to Leirer's corrments, reported that AVI'EC
had scheduled the bid opening for June 4, 1986, for the derrolition and
clean-up of the three buildings northeast of the Student Services
Center.
GILLESPIE offered the suggestion that perhaps the Certificate
of Occupancy could be withheld until the =nstruction area was cleaned.
MEEHAN informed Leirer that Seward Fisheries was taking
seriously the City's letter which requested help in cleaning up Seward
by putting errployees on that task around the Fisheries area.
SIMUTIS suggested the small boat harbor area be supplied with
more durrpsters as harbor users were using her business dunpster.
GIESELER instructed the City Manager to direct the Police
Chief and the Harbormaster to follOW"-up on the suggestions as presented
by Leirer.
XVI. ADJOURNMENT:
The rreeting was adjourned at 10:00 p.m.; and, after a short
recess, the Council reconvened in Executive Session to discuss personnel
matters.
IY~ ~<,"-<4
!far Gieseler
Ma
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REGUlAR MEETING - JUNE 9, 1986
VOLUME 21
I
I. CALL TO ORDER:
The June 9, 1986, regular meeting of the Seward City Council
was called to order at 7: 30 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREMJNY:
Councilrrember SiIlUltis led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrrembers, Booher, Gil-
lespie, Hilton, M2ehan, Scholl and SiIlUltis
Present also: Deputy City Manager Schaefermeyer, City Attor-
ney Arvidson and City Clerk Murphy
IV. APPROVAL OF MINUTES:
MEEHAN MOVED TO APPROJE THE MAY 12, 1986, REGUIAR MEETING
MINUTES AS WRITI'EN; THE l>DTICN WAS SECONDED BY SCHOLL AND CARRIED
UNANIM)USLY.
I
V. APPROVAL OF CONSENT CALENDAR AND RffiUIAR MEEI'ING AGENDA:
At the request of the Deputy City Manager, MEEHAN MOVED TO
MEEI' IN EXOCUTIVE SESSION IMMEDIATELY FOLLCWING THE CLOSE OF REGULAR
BUSINESS IN ORDER TO DISCUSS PERSCNNEL MATTERS AND A MATTER UNDER
LITIGATION; THE l>DTION WAS SOCONDED BY SCHOLL AND CARRIED UNANIl>DUSLY.
Schaefermeyer asked that the regular rreeting agenda be amended
to include a new Agenda Item No. XI (C) -- Approval of Change Order No. 4
to the POW"er Constructors, Inc., =ntract.
GILLESPIE MOVED TO APPROVE THE RffiUIAR MEEI'ING AGENDA AS
AMENDED AND THE CONSENT CALENDAR AS PRESENI'ED; THE MC1l'ION WAS SECONDED
BY HILTON AND CARRIED UNANIl>DUSLY. The follOW"ing actions were taken:
RESO/GRANTS/
LIBRARY:
1.
Resolution No. 86-44, authorizing the City Mqnager to
submit a preliminary application for a library =nstruc-
tion grant, was approved and filed;
RESO/PERMITS
(Camper Parks):
2.
Resolution No. 86-45, allOW"ing a carrper for security at a
=nstruction site, was approved and filed;
RESO/GRANTS/
DAYCARE:
3.
Resolution No. 86-46, authorizing application for the day
care assistance program grant, was approved and filed;
I
RE SO /PORT S :
4.
Resolution No. 86-47, supporting the designation of the
Port of Anchorage as a foreign trade zone with the Port
of Seward as a subzone, was approved and filed;
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PAGE 198
RESO/SPECIAL
COMMUNITY EVENTS:
ACCOUNTS PAYABLE:
C.ATTORNEY:
C.ATTORNEY:
C.ATTORNEY:
CON- l '59,
ABCB:
ABCB:
DELINQUENT
ACCOUNTS:
ELECTRIC DEPT
(CEA):
PROCLAMATION:
REX:;U1AR MEEI'ING - JUNE 9, 1986
VOLUME 21
5. Resolution No. 86-48, requesting that the Governor
declare Seward to be Alaska's Fourth of July City for
1986, was approved and filed;
6. Finance Department's list of ac=unts payable dated
05/13/86 and totalling $484,815.37, was approved for
payment and filed;
7. March 1986 invoice from HTGP&B for legal services total-
ling $24,803.07, was approved for payment and filed;
8. Invoices from Bailey & Mason for legal services relative
to utility pennit applications totalling $303.25, were
approved for payment and filed;
9. Invoice from Gross & Burke for legal services relative to
HB 181 totalling $1,312.50, was approved for payment and
filed;
10. Change Order No. 5 in the aITOunt of $7,166 to the Sarrwhan
=ntract for prison =nstruction was noted for informa-
tion and filed;
11. ABCB request for restaurant designation as filed by J.
Ray SiIlUltis, dba Bubba's, was filed without objection;
12. ABCB notice of applications for transfer of liquor
licenses from K. Macheras to M. Popescu (Apollo Restau-
rant) and from R. & M. Jordan to R. & M. Jordan and D.
Triplett (Yukon Liquor Store) were filed without ob-
jection;
13. April 10, 1986, rnerrorandum from conptroller Peirson, with
=ncurrence of City Manager Garzini, relative to his
recorrmendation that the City accept an offer from Davenny
to settle a $2,973.87 debt to the Harbor against the
vessel, "Dot D II", for $2,000, such debt having been
incurred while the vessel was leased to W. Lange, was
noted for information and filed;
14. May 29, 1986, rnerrorandum from E. Paul Diener, Engineering
and Utilities Manager, relative to a proposed rate
increase from Chugach Electric, was noted for information
and filed;
15. June 2, 1986, trip report as filed by City Clerk Murphy
relative to the 1986 11M2 =nference in Boston was noted
for information and filed; and
16. Proclamation designating June 6-8, 1986, "Sea Kayaking
Syrrposium Days" was noted for information and filed.
VI. BOROUGH ASSEMBLY REPORT:
1 (H)
PAGE 199
REGUIAR MEETING - JUNE 9, 1986
VOLUME 21
I
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the June 3, 1986, meeting of the Assem-
bly. Sewall noted that the Borough had established the real and person-
al property tax levy for the Borough at 4.0 mils for the 1986 tax year.
VII. PUBLIC HEARINGS:
PH (Ferry Lease): A. Notice of public hearing as posted and published by law
relative to the proposed renewal of lease of the "Old Depot" building at
501 Railway Avenue and the preferential use of the Fourth Avenue Dock to
the State Ferry System was noted and the public hearing was opened.
BOB VALDATTA, Seward, appeared before Council and suggested
that the City place the Teen Center in the "Old Depot" building and
lease the Teen Center property to the Ferry System for office and
storage space.
No one else appeared in order to be heard and the public
hearing was closed.
PH (Budget): B. Notice of public hearing as posted and published by law
relative to the proposed Fiscal Year 1987 operating budget for the City
was noted and the public hearing was opened.
I
DAVID HEADLEY, 1112 Fourth Avenue, representing KRXA Radio,
noted that the =ntract for the broadcast of Council rreetings was to
expire June 30, 1986. He stated that the Clerk had infonned him that
rronies had not been budgeted to renew the contract in FY 1987. He asked
the Council to include $2400 in the FY 1987 budget to extend the =n-
tract for an additional year. Headley stated that the KRXA had conduct-
ed an informal poll of its listeners on Friday night; the results showed
that each of the 10 respondents were in favor of continuing the broad-
casts.
No one else appeared 1Il order to be heard and the public
hearing was closed.
PH (Budget): C. Notice of public hearing as posted and published by law
relative to the proposed Fiscal Year 1987 enterprise budgets of the City
(Electric, Water & Sewer, and Harbor) was noted and the public hearing
was opened; no one appeared in order to be heard and the public hearing
was closed. Gieseler stated that action would be taken on the Enter-
prise budgets at the June 23 meeting.
PH (Budget): D. Notice of public hearing as posted and published by law
relative to the proposed Fiscal Year 1987 operating budget for Seward
General Hospital was noted and the public hearing was opened; no one
appeared in order to be heard and the public hearing was closed.
Gieseler stated that action would be taken on this budget at the June 23
rreeting.
I
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
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REGUIAR MEEI'ING - JUNE 9, 1986
VOLUME 21
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AIASKA, INCREASING CITY
SALES TAX TO THREE PERCENT.
HILTON MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 571; THE
l>DTICN WAS SOCONDED BY SIMUTIS.
Corrptroller Robert Peirson gave a brief overview of the four
budget proposals (A through D) and the irrpact of each on City residents.
He noted that under budget proposal "D", with a 3 mil tax levy (a 2 mil
reduction) and a 3% sales tax (a 2% increase), the average taxpayer
within the City would be paying less than under the current system.
Peirson explained that the Borough estimates that 33% of all sales tax
collected within the Borough is payed by visitors to the Borough. Of
the remaining 67% theoretically paid by area residents, Peirson estimat-
ed that 35% of this total was paid by those living outside the City
limits. He stated that this proposed new tax structure would rrore
equitably shift a portion of the burden of providing City services to
those people living outside the City who currently pay no tax yet
benefit from the services offered by the City.
Gillespie stated that he supports a diversified tax structure,
but =uld not support proposal "D", adding that the administration was
requesting too drastic a reduction in the mil levy and too sharp an
increase in the sales tax. He stated that he preferred alternative "C"
which called for a 4 mil tax levy and a 2% sales tax.
THE QUESTION WAS CALLED AND THE l>DTION CARRIED WITH SIX "YES"
VOTES AND GILLESPIE VarING "NO". (Public hearing was scheduled for June
23, 1986.)
2. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AIASKA, REPEALING AND
RE-ENACTING SECl'ION 17-10.9 OF THE SEWARD
CITY CODE REIATIVE TO ANNUAL LEAVE.
GILLESPIE l>DVED TO INTRODUCE PROPOSED ORDINANCE NO. 572; THE
l>DTION WAS SOCONDED BY SCHOLL.
Gillespie noted that this issue had been before Council
approximately one year ago and had been defeated at that time. He asked
why the administration had once again brought it forward for action.
Schaefermeyer stated that the administration had long felt that earned
annual leave should be available to employees in emergency situations.
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RffiUIAR MEEI'ING - JUNE 9, 1986
VOLUME 21
I
He added that a provision similar to the one before the Council had been
included in on-going negotiations with IBEW. Schaefermeyer noted that
this ordinance would still mandate that errployees take a minimum of 120
hours of annual leave each year. In addition, any "cash-in" of annual
leave would only be allOW"ed in emergency situations and in no event
could such a "cash-in" reduce the leave bank of the errployee belOW" 80
hours.
Booher stated that he felt the idea was a sound one. Hilton
disagreed, stating that he was opposed to this concept. M2ehan
requested the inclusion in next rreeting's packet of the minutes of prior
discussion of this issue when it was before the Cbuncil last year.
THE QUESTION WAS CALLED AND THE l>DTION CARRIED WITH SIX "YES"
VarES AND HILTON VarING "NO". (Public hearing was scheduled for June
23, 1986.)
3. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING CHAPTER
21 OF THE SEWARD CITY CODE TO INCLUDE
SEASCNAL CAMPGROUNDS.
I
HILTON MOVED TO INTRODUCE PROPOSED ORDINANCE NO. 573; THE
MC1l'ION WAS SOCONDED BY SIMUTIS.
M2ehan noted for the record that he was an errployee of Seward
Fisheries, Inc., and that the proposed Seward Fisheries carrpground had
been the impetus for this action. He asked if he should abstain from
discussion and voting. Gieseler ruled that since M2ehan had no direct
financial interest in whether such carrpgrounds were allowed, a =nflict
did not exist and it would not be necessary that he abstain.
Gillespie questioned the title of the ordinance, stating that
all City carrpgrounds are seasonal. Schaefermeyer stated that the
Planning Cornnission had designated these particular carrpgrounds as
"seasonal", adding that the ordinance is self-explanatory and should
dispel any =nfusion which =uld arise from the designated name. He
explained that the ordinance would allOW" businesses (such as Seward
Fisheries) to operate seasonal carrpgrounds to house itinerant workers
actually errployed by that particular business. He stated that Council
had granted Seward Fisheries a permit to operate such a campground in
the past, but the City's revised trailer code did not provide a
mechanism for allOW"ing such a camp at this time. The purpose of this
ordinance was to provide just such a mechanism.
I
In response to a question from SiIlUltis, Schaefermeyer stated
that there was no requirement that the permittee provide offsite parking
for the carrpers. In response to questions from Gillespie, Schaefermeyer
explained that any business wishing to operate such a carrpground would
be required to appear before the Planning Canmission prior to the
issuance of the first permit; thereafter, the City Clerk would renew the
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REGUIAR MEEI'ING - JUNE 9, 1986
VOLUME 21
perrni t annually so long as the business continued to rreet all code
requirerrents.
THE QUESTION WAS CALLED AND THE l>DTION CARRIED UNANIM)USLY.
(Public hearing was scheduled for June 23, 1986.)
B. Ordinances for Public Hearing and Enactment:
ORD/CITY CODE: 1. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING SECl'ION
19A-41 OF THE CITY CODE, SPECIFICALLY
AI.ASKA STATUTE CITATICN CONTAINED THEREIN.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
MEEHAN MJVED TO ENACT ORDINANCE NO. 563; THE l>DTION WAS
SOCONDED BY SCHOLL AND CARRIED UNANIMXJSLY.
ORD/ELECTIONS: 2. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING SECl'ION
2-6 (a) OF THE CITY CODE TO CONFORM WITH
SECl'ION 8-10 OF THE CITY CODE - ELIGIBIL-
ITY FOR ELECl'IVE OFFICE.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
BOOHER MOVED TO APPROVE ORDINANCE NO. 564; THE l>DTION WAS
SOCONDED BY SCHOLL AND CARRIED UNANIMOUSLY. (The ordinance substituted
"declaration of candidacy" for "petition" throughout.)
ORD/ELECTIONS: 3. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING SECTICN
8-9 (a) OF THE CITY CODE REIATIVE TO VOI'ER
QUALIFICATION.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
HILTON MOVED TO ENACT ORDINANCE NO. 565; THE l>DTION WAS
SOCCNDED BY MEEHAN AND CARRIED UNANIMXJSLY. (The ordinance amended the
"nq
PAGE 203
RffiUIAR MEETING - JUNE 9, 1986
VOLUME 21
I oRD/e.
"voter qualification" section of the elections code to =nfoIm to newly
revised Alaska Statutes Title 29.)
COUNCIL: 4. Copies having been made available to the public,
Gieseler noted by ti tle only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING SOCTION
2-11 OF THE SEWARD CITY CODE TO CONFORM
WITH AS 29.20.010 - CCNFLICl' OF INTEREST.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
SIMUTIS l>DVED TO ENACl' ORDINANCE
SOCONDED BY HILTCN AND CARRIED UNANIMXJSLY.
"conflict of interest" section of the City
revised Alaska Statutes Title 29.)
NO. 566; THE l>DTION WAS
(The ordinance amended the
Code to =nfoIm to newly
ORD/ELECTIONS: 5. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
I
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, REPEALING AND
RE-ENACTING CHAPTER 13 OF THE SEWARD CITY
CODE (INITIATIVE, REFERENDUM AND ROCALL)
TO CCNFORM TO THE ROCALL PROIJISICNS IN
AI.ASKA STATUTES TITLE 29.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
SIMUTIS MOVED TO ENACT ORDINANCE NO. 567; THE l>DTION WAS
SOCCNDED BY HILTON AND CARRIED UNANIMXJSLY.
ORD/C.COUNCIL: 6. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, PROVIDING FOR THE
REMJVAL OF MEMBERS OF THE COUNCIL FOLIav-
ING CONVICl'ION OF A VIOIATION UNDER AI.ASKA
STATUTES TITLE 15.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
I
HILTON MOVED TO ENACT ORDINANCE NO. 568; THE l>DTION WAS
SOCONDED BY SIMUTIS AND CARRIED UNANIMXJSLY. (Newly revised Alaska
Statutes Title 29 had removed the mechanism for such a rerroval; this
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PAGE 204
RffiUIAR MEEI'ING - JUNE 9, 1986
VOLUME 21
ordinance assured Council of having the authority and mechanism for such
a removal in the future if needed.)
ORD/TAXES: 7. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING SECl'ION
19A-39 OF THE CITY CODE BY ELIMINATING
EXEMPTIONS WHICH ALI.aVED BOATS AND VESSEIS
TO BE TAXED ACCORDING TO THEIR NET TON-
NAGES RATHER THAN ASSESSED VALUES.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
SIMUTIS M)VE[) TO ENACI' ORDINAN:E NO. 570; THE l>DTION WAS
SOCCNDED BY HILTON.
M2ehan stated that he was surprised that there was no public
testirrony on this issue. In response to a question from Scholl, Murphy
stated that the notice of public hearing had been posted in City Hall,
the Post Office and at the Harbormaster's Building.
THE QUESTION WAS CALLED AND THE l>DTION CARRIED UNANIM)USLY.
C. Resolutions:
RESO/CON-JQi..l 1. Copies having been made available to the public,
ASSMTS: Gieseler noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, FOR THE PURPOSE OF
FUNDING ADDITIONS TO OFFSITE IMPROVEMENI'S
FOR GATEWAY SUBDIVISION.
Murphy noted that action on the rrotion for approval of this
resolution had been postponed at the last rreeting; therefore, a rrotion
for approval was on the floor and only a vote for approval was needed.
M2ehan stated that part of the confusion surrounding this
issue IlUlst be blamed on the administration, adding that he was nOW"
=nvinced that Gateway Ventures "has the rroney =ming" and should be
paid. Scholl stated that he had opposed Council's initial action to
disallOW" the area wide water assessment district. He added that he
would support this resolution.
THE QUESTION WAS CALLED AND THE l>DTION TO APPROVE RESOIlJTICN
NO. 86-43 CARRIED WITH SIX "YES" VOI'ES AND GILLESPIE ABSTAINING.
(Gillespie is a principal in Gateway Ventures.)
2. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
I
I
I
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PAGE 205
RffiUIAR MEEI'ING - JUNE 9, 1986
VOLUME 21
RESO/RE- O\'b
A RESOIlJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, PROVIDING FOR THE
DISPOSAL BY LEASE OF THE "OLD DEPCYI'"
BUILDING AND PREFERENTIAL USE OF THE
FOURI'H AVENUE rx.:x:K BY THE STATE OF AI.ASKA
MARINE HIGHWAY SYSTEM.
SIMUTIS l>DVED TO APPROVE RESOLUTION NO. 86-49; THE MC1l'ION WAS
SECCNDED BY HILTON.
Booher asked if the administration had =nsidered Valdatta' s
suggestion (See Page 199) to place the Teen Center in the "Old Depot"
building and lease the Teen Center site to the Ferry System. Schaef-
ermeyer replied that the Teen Center does not wish to IlOve to that site;
rather the Teens would like to get out of the downtown area, away from
the traffic and the bars. He stated that the City would be submitting
an application for grant funds to =nstruct a new Teen Center facility,
the project to be a joint venture with AVTOC supplying labor.
In response to further questioning from Booher, Schaefermeyer
stated that the Historical Society was opposed to rroving the IlUlseum to
the Ferry Building because of its close proximity to the water. Garzini
stated that, while locating the Ferry Office in the Teen Center building
is a good idea, the Council, by previous action, had designated the site
of the present Teen Center as the site for the new Camtuni ty Center.
Schaefermeyer added that engineers from Alaska Department of Transporta-
tion had inspected the docking facilities in Seward about 2J., years ago
and had been very IlUlch interested in Tracts 2 & 3 (Teen Center site) for
use as a staging area for the Ferry.
Scholl stated that he was =ncerned about the lack of =ncern
for "quality of life" issues. He stated that he was opposed to tying up
the Ferry Building at this time without discussions with the Teen Center
people and those on the Cormnmity Center Advisory Board.
In response to a question from M2ehan, Schaeferrneyer stated
that the State was not in a position to fund a rate increase this year;
therefore, the City had notified DOT officials that an increase would be
sought for Fiscal Year 1988. Notification had been made at this time to
allOW" the Department sufficient time to plan for the increase in next
year's budget.
THE QUESTION WAS CALLED AND THE l>DTION PASSED WITH SIX "YES"
VOTES AND SCHOLL varrnG "NO".
RESO/TAX/BUDGET 3. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, ADOPTING THE CITY
OPERATING BUDGET FOR THE FISCAL YEAR
BEGINNING JULY 1, 1986.
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REGUIAR MEEI'ING - JUNE 9, 1986
VOLUME 21
SCHOLL MOVED TO DIVIDE THE QUESTION; THE l>DTION WAS SECONDED
BY HIL'ION.
Gillespie objected, stating that the mil levy and the budget
should be adopted siIlUlltaneously. Garzini suggested that the Council
postpone action on the resolution until later in the rreeting. He stated
that the Council needed to agree arrong themselves as to what the revenue
sources are and then set up the sales tax rate, mil levy rate and budget
as a =nplete package. Hilton agreed, stating that he did not feel the
Council could separate the two issues. Scholl disagreed stating that
the aITOunt of income (revenue) should be determined first. FollOW"ing
that determination, a budget =uld be devised to meet the City's needs
within the limitations irrposed by the total arrount of revenue.
The Clerk noted that Scholl's previous rrotion was out of
order; the question =uld not be divided since there was no rrotion on
the floor.
SIMUTIS l>DVED TO APPROVE RESOLUTION NO. 86-50, SETrING THE MIL
LEVY AT THREE MILS AND ADOPTING THE FISCAL YEAR 1987 BUDGET; THE MJI'ION
WAS SOCONDED BY SCHOLL.
Gillespie objected to 10W"ering the property tax rate to 3
mils, with a =rresponding increase in sales tax to 3%. Garzini sug-
gested that the Council deal with the sales tax issue first; the Council
=uld then decide on a mil levy and budget. Meehan noted that the
Council was overlooking the fact that there had been no public input on
the question of a sales tax increase and stated that he was unwilling to
act on a budget based on a sales tax increase without first hearing from
the citizens of the community. Garzini suggested postponing action on
the budget until the June 23, 1986, meeting.
MEEHAN MOVED 'ID POSTPONE ACl'ICN CN THE PROPOSED RESOLUTION
UNTIL JUNE 23, 1986; THE l>DTION WAS SOCONDED BY HILTON AND CARRIED WITH
SIX "YES" VOTES AND SCHOLL varING "NO". (Scholl noted that he would be
unable to attend the June 23 meeting.) [SEE PAGES 208-209.]
RESO/PURCHASING/ 4. Copies having been made available to the public,
HARBOR: Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUrHORIZING THE
SOLE SOURCE PURCHASE OF MATERIALS FROM.
SEWARD BUILDING SUPPLY FOR REPAIR OF THE
DOCKING ON THE SMALL BOAT HARBOR BOAT LIFT
D<X1< .
SIMUTIS l>DVED TO APPROVE RESOIlJTICN NO. 86-51; THE l>DTION WAS
SOCONDED BY HILTON.
In response to a question from M2ehan, Gieseler ruled that no
=nflict of interest existed; therefore he need not abstain from voting.
(The principal user of the dock is Seward Fisheries, Inc., r-Eehan' s
errployer. )
?07
PAGE 207
RffiUIAR MEETING - JUNE 9, 1986
VOLUME 21
I
Booher asked why other local suppliers of lumber had not been
asked to bid on the materials. Schaefermeyer noted that pressure
treated timbers were needed and Seward Building Supply was the only
local supplier.
THE QUESTION WAS CALLED AND THE l>DTION PASSED UNANIM)USLY.
RESO/ELECTRIC DEPT: 5. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING
CONTINUED PARrICIPATICN IN THE RAILBELT
ELOCTRICAL DEVEIDPMENT ACl'IVITIES.
HILTON MOVED TO APPROVE RESOIlJTION NO. 86-52; THE MCJrION WAS
SECONDED BY SIMUTIS.
In response to a question from Hilton, Schaefermeyer noted
that any =sts associated with the City's participation would be brought
to Council for prior approval. Responding to a question from M2ehan,
Schaefermeyer stated that there was a clear benefit to be realized by
the City if a generation and transmission facility was created. The
debt retirement savings alone would result in a substantial savings to
all utilities on the railbelt.
I THE QUESTION WAS CALLED AND THE l>DTION PASSED UNANIM)USLY.
RECESS: The meeting was recessed at 8:50 p.m.; reconvened at 9:00 p.m.
X. UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
CON-~:
A. SIMUTIS MOVED TO APPROJE CHANGE ORDER NO. 1 TO THE
SVERDRUP CORPORATION CONTRACl' IN THE AMCXJNT OF $11,500; THE l>DTION WAS
SOCCNDED BY HILTON.
Garzini explained that, when originally retained by the City,
Sverdrup & Parcel had been instructed to design the proposed Nash Road
Harbor as a single phase project. Since that time, it had become
apparent that the project could only succeed if approached in phases,
with the State developing the outer harbor, the City developing the
inner harbor and private sector developing the uplands. Thus, the
administration was requesting approval of a change order for the design
and engineering of a phased development of the new harbor. In response
to a question from Scholl, Garzini stated that the City would realize no
real savings by having City staff carplete the project.
I
THE QUESTION WAS CALLED AND THE l>DTION CARRIED UNANIM)USLY.
CON--.l]5: B. HILTON MOVED TO APPROVE CHANGE ORDER NO. 1 TO THE CITY
ELECl'RIC CONTRACl' IN THE AMJUNT OF $31,168; THE l>DTION WAS SOCONDED BY
208
cON-IOi.. :
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REX::ULAR MEEI'ING - JUNE 9, 1986
VOLUME 21
SIMIJrIS AND CARRIED UNANIM)USLY. (The Change Order was for a recloser
for the sewage treatment plant which would serve the prison.)
C.
CONSTRUCTORS ,
BOOHER.
SIMUTIS M)VE[) TO APPROVE CHANGE ORDER NO. 4 TO I'CmER
INC., IN THE AMOONT OF $42,000; THE MC1l'ION WAS SOCONDED BY
Garzini explained that he believes that this aITOunt is OW"ed to
PCI for extra work perfonned and further believes that the City should
agree that it OW"es this aITOunt at this time. HOW"ever, he was not
reCOIlllending that the City pay the change order until after settlerrent
of the PCI arbitration. Garzini added that admission by the City that
it OW"es the rroney to PCI will make any future litigation sirrpler.
THE QUESTION WAS CALLED AND THE l>DTION CARRIED UNANIM)USLY.
XII. CITY MANAGER REPORT'S:
Garzini reported that he had talked to Lobbyist Kent Dawson
and had received word that:
Only $140,000 had been vetoed from the $2.2 Million originally
appropriated for SMIC cradles and rails;
There was only a small veto in the funds Cato had set aside
for SIAC, making total appropriation to SIAC approximately
$31,000;
$100,000 had been approved for diesel power generation to
forgive a portion of Suneel' s outstanding pOW"er bill; and
The unobligated rronies in the 1984 appropriation for the
Senior/Ccmm.mity Center had been reappropriated.
Garzini asked that the Council take a short break to discuss a technical
problem which had arisen out of the Council's rrotion to postpone action
on the budget until June 23.
ROCESS: The meeting was recessed at 9:15 p.m.; reconvened at 9:30 p.m.
Garzini explained that the City was required to notify the
Borough of the City's new mil levy on or before June 15; therefore
action IlUlst be taken on the budget prior to that date. He suggested
that the Council call a special meeting for Friday, June 13; accept
public testirrony on both the proposed new sales tax and the adminis-
tration's budget proposals; and then take action on the budget and mil
rate at that rreeting. An additional (and legally required) public
hearing on the sales tax would be =nducted on June 23 follOW"ed by a
vote for enactment on the sales tax.
MEEHAN l>DVED TO ROCONSIDER THE COUNCIL'S PREVIOUS l>DTION
POSTPONE ACTICN CN RESOLUTICN NO. 86-50; THE IDI'ICN WAS SOCONDED
HILTON AND CARRIED UNANIM)USLY.
TO
BY
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RffiUIAR MEETING - JUNE 9, 1986
VOLUME 21
I
THE QUESTICN WAS CALLED ON THE l>DTION TO POSTPONE ACTICN ON
RESOLUTICN NO. 86-50 UNTIL JUNE 23, 1986; THE IDI'ION FAILED WITH ALL
COUNCIIMEMBERS varING "NO".
MEEHAN l>DVED TO POSTPONE ACl'ION ON RESOIlJTICN NO. 86-50 UNTIL
A SPOCIAL MEEI'ING TO BE CONDUcrED ON JUNE 13, 1986, BEGINNING AT 7:00
P.M.; THE MC1l'ION WAS SOCONDED BY HILTON AND CARRIED lJNANIM)USLY.
The Clerk was instructed to advertise a public hearing on the
sales tax and budget in a manner that would assure that the public was
duly informed of the time, place and irrportance of the meeting and
hearing.
XIII.
COUNCIL DISCUSSION:
BCOHER stated that revenues should not dictate budget, adding
that the City is looking at a tight budget no matter what happens.
SCHOLL stated that he is not =nvinced that expenditures
presented by the administration are properly prioritized.
I
MEEHAN instructed the Clerk to dis=ntinue including the
entire attorney's bill in the Council's packets and to return to her
earlier system whereby only the cover sheet was provided to each coun-
ci1rrerrber. He also thanked Fire Chief John Gage for the detailed fire
plan each councilmember received.
HILTON stated that John Andrews had expressed an interest in
working out an agreement with the City relative to his property on the
corner of Fourth and Adams Streets.
Syrrposiurn,
next year.
meetings.
GIESELER noted that he had participated in the Sea Kayaking
that it had been well received and might be repeated again
He thanked AVI'EC for providing a place for the Syrrposium' s
XIV.
CITIZENS' DISCUSSION:
BILL HICKS, Soldotna, stated that he is the Kenai Peninsula
representative for N. C. Machinery. He presented a business card to
Garzini and stated that he would be interested in leasing or renting
machinery and equiprrent to the City.
WALTER CHRISTOLEAR, Apartment No.6, Brown & Hawkins, stated
that the City =uld save rroney by cutting City salaries by about one-
third.
YN. C<XlNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' CCM1ENTS:
None
I
XVI.
ADJOURNMENT :
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PAGE 210
REGUIAR MEETING - JUNE 9, 1986
VOLUME 21
The rreeting was adjourned at 9:55 p.m., and after a short
recess, re=nvened in executive session to discuss personnel matters and
a matter under litigation.
~ /; 1;"'~, In.:.'....,_ . .
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Ifairy Gieseler
Mayor
"
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SPOCIAL MEEI'ING - JUNE 13, 1986
VOLUME 21
The June 13, 1986, special meeting of the Seward City Council
was called to order at 7:02 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREM)NY:
Councilrnember Hilton led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrnembers Booher, Gil-
lespie, Hilton, M2ehan, Scholl and SiIlUltis
Present also: City Manager Garzini, Corrptroller Peirson and
City Clerk Murphy
IV. APPROVAL OF AGENDA:
SIMUTIS l>DVED TO APPROVE THE AGENDA AS PRESENTED; THE l>DTION
WAS SOCONDED BY BOOHER AND CARRIED UNANIMXJSLY.
V. PUBLIC HEARINGS:
PH (Sales Tax): A. Notice of public hearing as posted and published relative
to proposed Ordinance No. 571, levying a 3% sales tax within the City of
Seward, was noted and the public hearing was opened.
CCNNIE BENCARDINO, 519 Fifth Avenue, Seward, stated that she
favored a sales tax since this would assure that those living outside
the City limits would help pay for the City services they utilized.
No one else appeared in order to be heard and the public
hearing was closed.
PH (Budget): B. Notice of public hearing as posted and published relative
to the proposed FY 1987 operating budget for the city was noted and the
public hearing was opened; no one appeared in order to be heard and the
public hearing was closed.
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SPECIAL MEEI'ING - JUNE 13, 1986
VOLUME 21
I
VI. RESOLUTIONS:
RESO/BUDGET: A. Copies having been made available to the public, Gieseler
noted by title only a proposed resolution entitled:
A RESOIlJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, ADOPTING THE CITY
OPERATING BUDGET FOR THE FISCAL YEAR
BEGINNING JULY 1, 1986.
MEEHAN MOVED TO APPROVE RESOLUTION NO. 86-50, SETTING THE MIL
LEVY AND ADOPTING OPERATING BUDGET LEVEL "D"; THE l>DTION WAS SOCONDED BY
HIL'ION .
Gillespie stated that he had made his position known at the
last Council rreeting. He added that he still favored the "c" budget,
although he did not agree with some of the expenditure decisions,
specifically reductions in Parks and Recreation and the Teen Center, and
would be unable to support budget level "D".
Booher stated that he favored alternative "D", adding that the
administration had made a good effort at trirrrning the budget. He warned
against further cuts, stating that the city would probably be forced to
make additional cuts next year.
I
GIllespie responded by saying that cuts =uld be made ill the
Council's legal fees and =ntingency account.
M2ehan stated that it was irrportant that the city begin once
again to build the fund balance. He stated that while he did not
necessarily agree with all of the expenditures listed in alternative
"D", he did favor the =ncept and the bottom line. He also canplimented
Peirson, stating that this year's budget presentation was the best he
had seen during his teIm on Council.
Scholl stated that he had spent a great deal of time reviewing
the budget alternatives with department heads and was still not con-
vinced that the expenditure side of the budget was correct. He added
that he favored budget level "D" but would like for the administration
to look for additional ways to "pare things down".
THE QUESTION WAS CALLED AND RESOLUTION NO. 86-50, SETTING THE
MIL LEVY Kr 3.0 MILS AND ADOPTING OPERATING BUDGET LEVEL "D", WAS
APPROVED WITH SIX "YES" VOTES AND GILLESPIE vorING "NO".
VII. COUNCIL DISCUSSION:
GILLESPIE asked that the local hire legislation tabled earlier
in the year be placed on the June 23, 1986, agenda.
I
MEEHAN asked that the Clerk's =ntract be placed on the next
agenda for action.
212
PAGE 212
SPOCIAL MEEI'ING - JUNE 13, 1986
VOLUME 21
BOOHER stated that the Council needed to take a close look at
the enterprise budgets prior to their approval on June 23.
SCHOLL thanked the administration and the department heads for
working with him on the budget.
GIESELER stated that Council and the administration should be
applauded for the work put into the develotxrent of the budget. He noted
that he had just =me from the christening cererronies (M/V Kenai Fjords)
and the people he had talked with there felt the approach taken by the
Council was fair. He stated that a majority of the conmunity supports
the increased sales tax and 10W"er mil levy. Gieseler also asked the
City Manager to look into the possibility of designating a crosswalk in
the Harbor area from the Fish House to the boat ramps. Schaeferrneyer
stated that the paint for just such a project had been purchased that
day.
VIII CITIZENS' DISCUSSION:
None
XVI. ADJOURNMENT:
eting was adjourned at 7:19 p.m.
~;; ~4
Ifar . Gieseler
May
PAGE 212
RffiUIAR MEEI'ING - JUNE 23, 1986
VOLUME 21
I. CALL TO ORDER:
The June 23, 1986, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREl\mY:
Counci1.rrember Booher led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Counci1.rrembers Booher, Gil-
lespie, Hilton, M2ehan and SiIlUltis (Council-
member Scholl was absent with Council =nsent)
Present also: City Manager Garzini, City Attorney Arvidson
and City Clerk Mlrrphy
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RffiUIAR MEEI'ING - JUNE 23, 1986
VOLUME 21
IV. APPIDlAL OF MINurES:
HILTON MJVED TO APPROVE THE JUNE 9, AND JUNE 13, 1986, MINUTES
AS WRITTEN; THE MJI'ION WAS SECONDED BY SIMUTIS AND CARRIED UNANIMXJSLY.
V. APPIDlAL OF CONSENT CALENDAR AND RffiUIAR MEETING AGENDA:
MEEHAN MOVED TO MEEI' IN EXECUTIVE SESSION IMMEDIATELY FOI..I.CW-
ING THE CLOSE OF RffiUIAR BUSINESS IN ORDER TO DISCUSS A PERSONNEL
MATTER; THE MC1l'ION WAS SOCONDED BY BOOHER AND CARRIED UNANIMXJSLY.
Garzini requested the addition of new Agenda Item No. IX (B) (4)
Enactment of EIrergency Ordinance No. 575 , waiving COlA for Fiscal
Year 1987 -- to the regular rreeting agenda. Gillespie requested the
addition of new Agenda Item No. X (B) -- Funding for KRXA Radio broadcast
of Council meetings -- to the regular meeting agenda.
SIMUTIS MOVED TO APPROVE THE RffiUIAR MEEI'ING AGENDA AS AMENDED
AND THE CONSENT CALENDAR AS PRESENTED; THE l>DTION WAS SOCONDED BY HILTON
AND CARRIED UNANIMXJSLY. The follOW"ing actions were taken:
RESO/GRANTS:
1.
Resolution No. 86-53, approving the receipt of a munici-
pal assistance grant from the State of Alaska, reappro-
priating funds from a 1984 grant, for renovating the
existing Senior Citizens Center, was approved and filed;
2.
Resolution No. 86-54, approving the receipt of a munici-
pal assistance grant totalling $60,000 from the State of
Alaska for the Seward M:l.rine Industrial Center, was
approved and filed;
RESO/GRANTS:
3.
Resolution No. 86-55, approving the receipt of a munlCl-
pal assistance grant totalling $1 Million from the State
of Alaska for the Seward Marine Industrial Center cradles
and rails, was approved and filed;
RESO/GRANTS:
4.
Resolution No. 86-56, approving the receipt of a munlCl-
pal assistance grant totalling $1,070,000 from the State
of Alaska for Seward M:l.rine Industrial Center cradles and
rails, was approved and filed;
RESO/GRANTS:
5.
Resolution No. 86-57, approving the receipt of a munici-
pal assistance grant totalling $100,000 from the State of
Alaska for diesel pOW"er generation assistance, was
approved and filed;
RESO/GRANTS:
RESO/GRANTS:
6.
Resolution No. 86-58, approving receipt of a grant
totalling $2,500 from the State of Alaska and appropriat-
ing additional funds totalling $1,500 from the Council
Contingency Ac=unt for litter =ntrol and city beauti-
fication, was approved and filed;
RESO/SMIC:
7.
Resolution No. 86-59, transferring funds from the Seward
M:l.rine Industrial Center Sewage Disposal Facility Capital
214
PAGE 214
FINANCE DEPT:
C.ATTY:
TRANSMISSION LINE/ 10.
EASEMENTS/LITIGATION:
BUDGET/WATER &
SEWER:
PROCLAMATIONS:
RffiUIAR MEEI'ING - JUNE 23, 1986
VOLUME 21
Projects Account to the Fund Balance, was approved and
filed;
8.
June 4, 1986, Finance Department's list of ac=unts
payable totalling $982,460.51, was approved for payment
and filed;
9.
Attorney fees were approved for payment and filed as
follOW"s:
Baily & Mason, utility application filing, $211. 57,
HTGP&B, April invoice, $46,871.15;
Request for approval of the settlement of a transmission
line condemnation case entitled Seward v Wilson, for a
purchase price of $7,500 for the easement under =nsid-
eration (Trail Lake Group, USS 2528, Lot 1), was approved
and filed;
11. June 18, 1986, rnerrorandum from Corrptroller Bob Peirson
requesting authorization to close out capital project
account No. 202000, EPA pump repair fund, transferring
the $17,000 to the Water and Sewer enterprise fund, was
approved and filed;
12. Fairbanks North Star Borough Resolution No. 86-044,
urging initiation of action to detennine the status of
U. S. servicemen and woman missing in action, was noted
for information and filed; and
13.
Proclamation designating June
"Jerry" Blair Appreciation Day,
and filed.
21, 1986, as William
was noted for information
VI. BOROUGH ASSEMBLY REPORT':
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall was not present and no report was given.
VII.
PUBLIC HEARINGS:
PH (Zoning):
required
District
aweared
A. Notice of public hearing as posted and published as
by law relative to proposed arrendrnents to the Seward Urban
Zoning Code was noted and the public hearing was opened; no one
in order to be heard and the public hearing was closed.
PH (Leases): B. Notice of public hearing as posted and published as
required by law relative to the proposed joint use of satellite tele-
vision equiprent agreement with Gary L. Ferguson, dba Resurrection Bay
Entertainment Television, Inc., was noted and the public hearing was
opened; no one appeared in order to be heard and the public hearing was
closed.
PH (Leases): C. Notice of public hearing as posted and published as
required by law relative to proposed amendments to the lease of City
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PAGE 215
REGUlAR MEETING - JUNE 23, 1986
VOLUME 21
I
property located in the Small Boat Harbor to the U.S.D.I. Park Service
was noted and the public hearing was opened; no one appeared in order to
be heard and the public hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
FIRE DEPT: A. Dick Small, representing Pioneer-Pacific Consultants,
Inc., presented a slide-tape shOW" highlighting the Fire/EMS Plan he had
developed in cooperation with the City Fire Department. FollOW"ing the
presentation, he noted that the ISO (Insurance Services Office) rating
for Seward is currently a "5" and urged the Council to =ntinue to
invest in the possibility of attaining a "4", or possibly a "3" rating.
He reCOITIlEnded that the City coordinate future llOVes tOW"ard a 10W"er ISO
rating with the ISO office in San Francis=. Small stated that the next
step is approval of the EMS Plan so that the City will have a guideline
for future expansion and development of its emergency services.
In response to a question from Booher, Small stated that he
had noted a "rrore than healthy" canpetitive spirit between the Seward
Volunteer Fire Department and the Bear Creek Volunteer Fire Department
and urged the City to take steps to develop a close working relationship
with the BCFD through such avenues as joint training exercises.
I
Gieseler thanked Small for his presentation and expressed his
appreciation for the quality of the presentation at this rreeting and at
an earlier work session.
IX. ORDINANCES AND RESOLurICNS:
A. Ordinances for Introduction:
1. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING SECl'ION
19A. 46 TO CONFORM TO NEW STATE REGUIATICNS
(HB 697) PROHIBITING MUNICIPAL SALES TAX
ON PURCHASES MADE WITH FOOD STAMPS.
BOOHER MOVED TO INTRODUCE PROPOSED ORDINANCE NO.
l>DTICN WAS SOCONDED BY GILLESPIE AND CARRIED UNANIM)USLY.
hearing was scheduled for July 14, 1986.)
574; THE
(Public
B. Ordinances for Public Hearing and Enactment:
ORD/TAXES:
1. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
I
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, INCREASING CITY
SALES TAX TO THREE PERCENT.
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PAGE 216
RffiUIAR MEETING - JUNE 23, 1986
VOLUME 21
Notice of public hearing as posted and published as required
by law was noted and the public hearing was opened.
BOB WILSON, Mile 7~, Seward, Highway, proprietor of Bob's
Market, stated that he dealt with people from outlying areas and Anch-
orage daily and was concerned about the effect of the increased sales
tax on local business. He asked if another alternative existed.
Garzini explained that the administration would be recorrmending an
amendment to the ordinance which would change the effective date to
October 1 so that it would not "hit" the tourists this sumrer. He added
that, in the past, the burden of providing City services had rested
solely on the shoulders of residents living within the City limits; the
increased sales tax would shift a portion of that tax burden to those
living in outlying areas and the tourists who benefit from the City
provided services.
No one else appeared in order to be heard and the public
hearing was closed.
MEEHAN MOVED TO ENACI' ORDINANCE NO. 571; THE l>DTION WAS
SOCONDED BY SIMOTIS.
Gillespie noted that he had voted against the budget and would
be voting against this ordinance. He added that he supports the concept
of increasing the sales tax, but thinks three percent is too IlUlch.
Booher responded, stating that if the sales tax is not in-
creased this year, the City will face rrore budgetary problems next year.
He added that, with the enactment of this ordinance, the City should be
able to do without a tax increase for the next 5-6 years. Booher also
errphasized the need to rebuild the City's savings account with whatever
surplus might be left from each year's operating budget. M2ehan =n-
=red.
MEEHAN l>DVED TO AMEND THE PROPOSED ORDINANCE BY CHANGING THE
EFFECl'IVE DATE TO OCl'OBER 1, 1986; THE l>DTION WAS SOCQNDED BY HIL'ION.
Hilton asked the reason for the proposed change in effective
date. He stated that he had understood that the reason for acting on
the sales tax irnrrediately, rather than waiting for the October election,
was to take advantage of the revenue which would be generated during the
sumrrer tourist season.
Garzini explained that the Borough objected to an effective
date which was "mid-quarter" since this would require merchants to file
rronthly sales tax returns for the corning quarter rather than one quar-
terly return. He added that, should the Council wait until the October
election to act on the sales tax, the effective date would be January 1,
or later, and thus another quarter of sales tax returns would be lost.
In response to a question from SiIlUltis, Peirson explained that
the First Quarter 1986 returns were ahead of initial projections, and if
the trend continues, there should be very little shortfall experienced
by the City because of the change in effective date.
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REGUIAR MEETING - JUNE 23, 1986
?17
"-~., -~
VOLUME 21
THE QUESTION WAS CALLED ON THE AMENDMENT AND THE l>DTION
CARRIED UNANIMXJSLY.
THE QUESTION WAS CALLED ON THE MAIN l>DTION AND ORDINANCE NO.
571 WAS ENACl'ED AS AMENDED WITH FIVE "YES" VOTES AND GILLESPIE VarING
"NO".
ORD /PERSONNEL : 2. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF 'IRE
CITY OF SEWARD, AI.ASKA, REPEALING AND
RE-ENACl'ING SECl'ION 17-10.9 OF THE SEWARD
CITY COOE REIATIVE TO ANNUAL LEAVE.
Notice of public hearing as posted and published as required
by law was noted and the public hearing was opened; no one appeared in
order to be heard and the public hearing was closed.
SIMUTIS MOVED TO ENACl' ORDINANCE NO. 572; THE MC1l'ICN WAS
SOCCNDED BY BOOHER.
Hilton noted that he had spoken in opposition to this same
ordinance last year and =ntinued to object to en=uraging employees to
look at annual leave as a cash benefit rather than a "time away from
work" benefit. He stated that, if approved, he would like to tie the
definition of "financial emergency" to that approved by the I.R.S. for
cashing-in deferred compensation. Arvidson cautioned against tying the
Code to an I.R.S. regulation since the City would remain bound by
current regulations, not any changes which might occur, thus creating
the potential for administrative problems in the future.
HILTON MOVED TO AMEND THE ORDINANCE BY ADDING THE FOLU:WING
PHRASE AFTER THE FIRST COMMA: "CCNSISTENT WITH CITY POLICIES OF DE-
FERRED COMPENSATICN CASH-IN,"; THE MC1l'ICN WAS SOCCNDED BY SIMUTIS AND
CARRIED WITH FOUR "YES" VOTES AND GILLESPIE AND BOOHER VarING "NO".
M2ehan stated that, although he was opposed to this ordinance
one year ago, he now supported it, given the fact that a provision
similar to the one proposed in the ordinance had been tentatively agreed
upon in on-going negotiations with IBEW.
THE QUESTION WAS CALLED CN THE MAIN l>DTION AND ORDINANCE NO.
572 WAS ENACl'ED BY UNANIMJUS varE.
ORD/CAMPGROUNDS: 3. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING CHAPTER
21 OF THE SEWARD CITY CODE TO INCLUDE
SEASONAL CAMPGROUNDS.
218
PAGE 218
RffiUIAR MEETING - JUNE 23, 1986
VOLUME 21
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.
SIMUI'IS M)VED TO ENACT ORDINANCE NO. 573; THE l>DTICN WAS
SOCONDED BY HILTON.
Garzini noted Gillespie's obj ection to the title "seasonal"
carrpgrounds and suggested that the Council amend the ordinance to read
"errployee" carrpgrounds. SiIlUltis and Hilton agreed to this as a friendly
amendrrent.
THE QUESTION WAS CALLED AND ORDINANCE NO. 573, AS AMENDED, WAS
ENACTED BY 1JNANIM)US VOlE OF THE COUNCIL.
ORD/PERSONNEL: 4. Copies having been made available to the public and
distributed to the Council prior to the start of the rreeting, Gieseler
noted by title only a proposed emergency ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, WAIVING THE
REX;:)UIREMENT THAT CITY EMPLOYEES ROCEIVE A
COST OF LIVING INCREASE FOR FISCAL YEAR
1987.
HILTON MOVED TO ENACT ORDINANCE NO. 575; THE l>DTION WAS
SOCONDED BY SIMUTIS.
Gieseler noted that five votes would be required for the
enactment of this ordinance.
THE QUESTION WAS CALLED AND ORDINANCE NO. 575 WAS ENACTED BY
UNANIM)US VOlE OF THE COUNCIL. (This ordinance is effective i.mrediately
and will remain in effect for 60 days or until an ordinance =nfinning
its actions is introduced, submitted to public hearing and enacted as
required by law.)
C. Resolutions:
RESO/LEASES: 1. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING A
JOINT USE OF SATELLITE TELEVISION EQUIP-
MENT LEASE AGREEMEm' WITH RESURRECl'ICN BAY
ENTERI'AINMENT TELEVISICN, INC.
HILTON MOVED TO APPROVE RESOIlJTION NO. 86-60; THE l>DTION WAS
SOCONDED BY SIMUI'IS AND CARRIED UNANIMXJSLY. (This resolution takes
effect July 23, 1986.)
2. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
I
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PAGE 219
RffiUIAR MEETING - JUNE 23, 1986
VOLUME 21
RESO/LEASES:
A RESOLUTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING AN
AMENDMENT TO LEASE NO. RE-045 WITH THE
U.S.D.I. NATIONAL PARK SERVICE.
MEEHAN MOVED TO APPROVE RESOLurION NO. 86-61; THE l>DTION WAS
SEXXX'IDED BY BOOHER.
In response to a question from Hilton, Garzini stated that he
and Administrative Assistant Kerry Martin would be sitting down with
Dave Moore of Kenai Fjords National Park and would work out a parking
scheme which would be presented to the Council at its next rreeting.
Hilton warned that the parking solution should not include any portion
of the boat ramp area.
In response to a question from M2ehan, Garzini explained that
the area between the public restroom and the boat ranp would become a
picnic/public area with decorative kiosks and other amenities. He added
that the Park Service was prohibited from subletting any portion of the
leased land without coming to the Council for prior approval.
THE QUESTION WAS CALLED AND RESOLUTION NO. 86-61 WAS APPROVED
BY UNANIM)US VOTE OF THE COUNCIL.
RESO/BUDGET: 3. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, ADOPTING THE
ELECl'RIC FUND ENTERPRISE BUDGET FOR THE
FISCAL YEAR BEGINNING JULY 1, 1986.
HILTON l>DVED TO APPROVE RESOIlJTICN NO. 86-62; THE l>DTION WAS
SOCONDED BY SIMUTIS.
BOOHER l>DVED TO CUT THREE PERCENI' ACROSS THE BOARD FRCM THE
ELECl'RIC FUND OPERATING BUDGET, WITH THE EXCEPTION OF THE DEBT RETIRE-
MENT LINE ITEM, FOR A TClI'AL BUDGET OF $3,940,899; THE l>DTION WAS SECOND-
ED BY MEEHAN AND CARRIED UNANIMXJSLY.
Booher stated that he felt the utility could still have an
effective program under this new budget figure without affecting op-
erations.
THE QUESTION WAS CALLED ON THE MAIN l>DTION AND RESOLUTION NO.
86-62 WAS APPROVED UNANIM)USLY.
RESO/BUDGET: 4. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, ADOPTING THE WATER
AND SEWER FUND ENTERPRISE BUDGET FOR THE
FISCAL YEAR BEGINNING JULY 1, 1986.
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PAGE 220
REGUIAR MEETING - JUNE 23, 1986
VOLUME 21
BOOHER MOVED TO APPROVE RESOLUI'ION NO. 86-63; THE l>DTION WAS
SOCONDED BY SIMUI'IS AND CARRIED UNANIM)USLY.
RESO/BUDGET: 5. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, ADOPTING THE
HARBOR ENTERPRISE BUDGET FOR THE FISCAL
YEAR BEGINNING JULY 1, 1986.
BOOHER l>DVED TO APPROVE RESOLUTION NO. 86-64; THE mrION WAS
SOCONDED BY HILTON AND CARRIED UNANIMXJSLY.
RESO/BUDGET!HOSPITAL: 6. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTION OF THE CITY COUNCIL OF 'IRE
CITY OF SEWARD, AI.ASKA, ADOPTING THE
FISCAL YEAR 1987 BUDGET FOR SEWARD GENERAL
HOSPITAL AND APPROPRIATING $175,000 OF
:LCX:AL SUPPORT'.
MEEHAN MOVED TO APPROVE RESOLUTICN NO. 86-65; THE l>DTION WAS
SOCONDED BY SIMUTIS.
Booher noted that, even with a 9-10% operating fund increase,
the Hospital budget shOW"ed a margin of $110,000. He questioned the need
for the $110,000 in the budget and suggested that the Hospital save that
rroney for future needs.
Gieseler objected to hospital errployees getting a pay increase
this year. M2ehan stated that only those errployees needing an increase
to keep their salaries in line with those paid by other hospitals would
receive an increase. Hilton added that there were no across-the-board
increases budgeted for hospital errployees this year, nor were there such
increases last year or the year before.
In response to a question from Gieseler, Peirson stated that
the outstanding debts to the Hospital did not appear on the budget
documents before the Council.
BOOHER l>DVED TO AMEND THE PREVIOUS l>DTION BY ADDING A PROVISO
THAT A LETTER BE SENT TO THE HOSPITAL BOARD FRCM THE MAYOR AND COUNCIL
REX:X:M1ENDING 'IHAT THE BOARD DO ITS UTM)ST TO PRESERVE THE $110,990
MARGIN AND THAT THE PRESERVED MONIES BE PUT IN A SAVINGS ACCOUNT; THE
MC1l'ICN WAS SOCONDED BY SIMUTIS AND CARRIED WITH FIVE "YES" VarES AND
HILTON ABSTAINING.
THE QUESTION WAS CALLED ON THE MAIN l>DTION AND RESOIlJTION NO.
86-65 WAS APPROVED WITH FIVE "YES" VarES AND HIL'ION ABSTAINING.
NOI'E: Hilton is an errployee of Seward General Hospital.
?21
PAGE 221
RffiUIAR MEEI'ING - JUNE 23, 1986
VOLUME 21
I
RESO/BUDGET (FY86): 7. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AMENDING THE
FISCAL YEAR 1986 BUDGET BY INCREASING
BUIIDING PERMIT REVENUES AND APPROPRIATING
ADDITIONAL FUNDS TO THE OPERATING BUDGET.
MEEHAN MOVED TO APPROVE RESOLurION NO. 86-66; THE l>DTION WAS
SECONDED BY HIL'ION AND CARRIED UNANIM)USLY.
RESO/C CLERK' 8. Copies having been made available to the public,
. Gieseler noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, APPROVING AN
EMPLOYMENT AGREEMENT WITH THE CITY CLERK.
BOOHER MOVED TO APPROVE RESOIlJTION NO. 86-67; THE l>DTIOO WAS
SECONDED BY SIMUTIS.
I
In response to a question from Gillespie, Gieseler noted that
the Clerk's =rent salary should be inserted in the blank on page one
of the =ntract. In response to Hilton's question regarding Article 7
of the =ntract, Arvidson explained that "negligent acts" differed from
acts of intentional or willful negligence.
THE QUESTION WAS CALLED AND RESOIlJTION NO. 86-67 WAS APPROVED
UNANIMXJSLY.
RESO/SMIC: 9. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOLUTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AIASKA, APPROVING A SOLE
SOURCE CONTRACT FOR PROFESSIONAL SERVICES
TO J. R. SALZER, DBA SHIPTOCH INTERNATION-
AL, INC., FOR CCNCEPTUAL DESIGN OF SHIP
REPAIR FACILITY.
GILLESPIE MOVED TO APPROVE RESOIlJTION NO. 86-68; THE l>DTION
WAS SOCONDED BY HILTON.
I
Engineering and Utilities Manager E. Paul Diener explained
that the City had not follOW"ed the RFP process, but had announced that
the City was looking for letters of interest relative to the project.
In response, the City had received two unsolicited high recCXl1llEndations
of Mr. Salzer from both Pearlson Engineering and Western Gear of
Seattle. Diener stated that the City would receive a carplete package
from Mr. Salzer for a not-to-exceed =ntract price of $85,000. FollOW"-
ing carpletion of this phase, the City will go out for the final design/
build =ntract for installation of rails, cradles and associated
222
PAGE 222
REX:;ULAR MEEI'ING - JUNE 23, 1986
VOLUME 21
facilities for the SMIC. Diener added that Salzer's fiIm is a small one
and that Mr. Salzer is considered outstanding in his field.
THE QUESTION WAS CALLED AND RESOIlJTION NO. 86-68 WAS APPROVED
UNANIMXJSLY.
ROCESS: The rreeting was recessed at 9:05 p.m.; reconvened at 9: 15 p.m.
X. UNFINISHED BUSINESS:
LOCAL HIRE: A. GILLESPIE MOVED TO ENACr PROPOSED ORDINANCE NO. 555; THE
l>DTION WAS SOCONDED BY HILTON.
Garzini stated that he had spent a lot of time reading the new
state law and was =nvinced that if the Carrnission of Labor designates
Seward as an economically distressed irrpact zone, the City will then be
able to rely on the state to enforce its local hire law on Seward
projects. Arvidson concurred and stated that the City should try this
approach prior to acting on its own local hire legislation. ~ehan
suggested that the Council defeat the proposed ordinance and follOW" the
advice of the attorney.
Gillespie responded saying that he was happy to hear that the
State had enacted local hire legislation but still felt that the City
ordinance should be approved so that the Council would have the option
of establishing its own local hire incentives on local projects. He
added that he favored both enacting City legislation and approaching the
Department of Labor as suggested by Arvidson and Garzini.
Murphy stated that there was a procedural problem with Gilles-
pie's earlier rrotion. The January 27 rrotion postponing action on
proposed Ordinance No. 555 had mandated a se=nd public hearing prior to
a vote. She stated that she had not received a =py of HB 367 in time
to schedule the public hearing and had placed the local hire legislation
on the agenda for discussion at this rreeting. GILLESPIE WITHDREW HIS
EARLIER l>DTION.
GILLESPIE MOVED TO POSTPCNE ACI'ION ON ORDINANCE NO. 555 FOR A
MAXIMUM OF 60 DAYS DURING WHICH TIME THE CITY WOULD REQUEST THAT THE
COMMISSIONER OF THE DEPARI'MENT OF IABOR DESIGNATE THE CITY OF SEWARD AND
THE FAST PENINSUIA ROAD SERVICE AREA AS AN ECONOMICALLY DISTRESSED ZONE;
THE l>DTION WAS SECONDED BY HILTON AND CARRIED UNANIM)USLY.
RADIO:
B. Gillespie stated that he had requested the addition of
this item to the agenda follOW"ing =rnrnents from several people who
indicated support for the =ntinued broadcast of Council rreetings. He
added that tonight's meeting would be the last one broadcast under the
current contract.
Garzini reminded Council that the prior management of KRXA
Radio had promised to solicit private sponsorship for the broadcasts and
stated that the new management should be encouraged to seek private
sector sponsors.
f)'? 1
PAGE 223
REGlJIAR MEETING - JUNE 23, 1986
VOLUME 21
I
At the request of Gillespie, David Headley, Manager of KRXA
Radio, was given the floor. Headley stated that there was no problem in
selling advertising for the broadcasts, but he felt that it was the
City's responsibility to broadcast the meetings.
Booher stated that he was opposed to supporting radio broad-
cast of the rreetings with taxpayers' rroney while the newspaper reported
the meetings at no charge to the City. He added that, if the broadcasts
are as popular as the radio claims, there should be no problem selling
the spots to advertisers.
Headley responded that the City does in fact pay the newspaper
to publish legal advertisements, while KRXA gives free air time to
public notices. He added that KRXA is not trying to compete with the
Phoenix Log but feels the meetings should be broadcast for those indi-
viduals who are unable to be physically present.
Gieseler suggested that the City fund the first hour of the
broadcasts :w,:} cn": pr',vc't:e sI=cn~ors fund additional time. SiIlUltis
disagreed and stated that she favored giving the radio station another
rronth or so in which to secure private sponsors before cutting City
funds to the station. M2ehan =n=ed. Garzini explained that funds
for the broadcasts would =me from the Council contingency account.
I
GILLESPIE MOVED TO CONTINUE THE BROADCAST OF COUNCIL MEEI'INGS
FOR AN ADDITIONAL 60 DAYS; THE l>DTION WAS SOCONDED BY SIMUI'IS AND
CARRIED UNANIMXJSLY.
XI. NEW BUSINESS:
CIVIL DEFENSE: A. MEEHAN l>DVED TO APPROVE THE REVISED EMERGENCY PREPARED-
NESS PLAN; THE l>DTION WAS SOCONDED BY SIMUTIS AND CARRIED UNANIMOUSLY.
Garzini stated that he would be corning back to the Council
soon for Code arnendrrents based on the revised EPP.
ZONING:
B. BOOHER MOVED TO RECCf.1MEND THAT THE PROPOSED AMENDMENTS TO
THE SEWARD URBAN DISTRICl' ZCNING CODE BE APPROVED FOR ADOPl'ION BY THE
KENAI PENINSUIA BOROUGH ASSEMBLY; THE l>DTION WAS SOCONDED BY SIMUI'IS.
I
In response to a question frcm Gillespie =ncerning the
criteria used to detennine building height, Mninistrative Assistant
Kerry Martin explained that the wording had come directly from the UBC
which had previously been adopted by the Council as the building =de
for the City. Gillespie also asked why the City had been divided into
two zones/classes for lot size. Martin explained that the 6,000 square
feet originally required for =nstruction of a single family residence
or duplex had been predicated on the old 30 foot lots located primarily
d=town. These lots did not exist north of the Small Boat Harbor and
the administration was concerned about perpetuating the density of the
downt= area in the outer areas of town. Gillespie noted that the
7,500 square feet reccmrended by the administration would irrmediately
place several lots in the new Gateway Subdivision (where some smaller
lots are 7200 square feet) in a non=nfonning status. Garzini suggested
224
MARINA SUB:
PAGE 224
REX:;(JIAA MEEI'ING - JUNE 23, 1986
VOLUME 21
amending the 7,500 to 7,000 square feet as a minimum lot size in R-1 and
R-2; POJHER AND SIMUTIS AGREED TO THIS AS A FRI:rnDLY AMENDMENT.
In response to a further inquiry from Gillespie, Martin
explained that the nonconfonning R-3 lots in the Gateway Subdivision
(less than the 9,000 square feet which would now be required as a
miniIlUlrn for a four-plex) would be grandfathered.
THE QUESTION WAS CALLED AND THE l>DTION, AS AMENDED, WAS
CARRIED UNANIMXJSLY. Recorrmended changes included:
Definitions (Section 21. 78. 030)
New adoption date (Section 21.78.070)
Definition--office Residential District (Section 21.78.132)
Definition--Harbor Corrmercial District (Section 21. 78.134)
Definition--Auto Corrmercial District (Section 21. 78.140)
Definition--Gentral Business District (Section 21.78.150)
Definition--Institutional District (Section 21.78.170)
Definition--Parks District (Section 21.78.172)
Definition--Resource Management District (Section 21. 78.174)
Building height, lot dimensions & Building Setbacks (Table
21. 78.180)
Arrendrrent to Parking (Section 21. 78. 200)
Delete Signs (Section 21.78.210) -- Replaced by Sign Ordinance
C. BOOHER l>DVED TO TERMINATE THE LEASE OF rm 5, BIOCK 1,
MARINA SUBDIVISICN, TO RUSS PACE, FOR DEFAULT UNDER 'lEE TERMS OF THE
LEASE; THE l>DTION WAS SOCONDED BY HILTON.
Arvidson stated that Martin's rnerrorandum had clearly outlined
a history of the lease and the numerous opportunities Pace had been
given to cure existing defaults, including his failure to rreet the
original =nstruction deadline of June 1, 1985, later extended to June
1, 1986.
Renny Seaberg, representing Pace, stated that Pace realized he
had not met =nstruction deadlines under the tenns of the lease but was
atterrpting to take care of that i.mrediately. She stated that an agent
of Mr. Pace had applied for a building permit that day and that =n-
struction would be calpleted in a timely manner. Diener responded that
Mr. Pace's agent had presented a pencil sketch of a basement to the
Building Department with a request for a building permit. In the
absence of plans, the Department would be unable to issue a permit to
Mr. Pace.
Martin read Article IV of the lease which stated that the
=nstruction and operation of a marine related business was a prime
consideration of the City in leasing this parcel. Garzini added that it
was not wise to allOW" lessees to hold city leases for speculation.
Garzini further stated that he had not been approached by any other
potential lessee and that his recorrmendation that the lease be tenninat-
ed was not made because sareone else had expressed an interest in the
property.
PAGE 225
REGUIAR MEETING - JUNE 23, 1986
225
VOLUME 21
I
THE QUESTION WAS CALLED AND THE l>DTION TO TERMINATE THE LEASE
CARRIED UNANIMXJSLY.
XII. CITY MANAGER REPORT'S:
Garzini noted that there had been an accident at the prison
site earlier in the day, but no one had been injured.
XIII.
COUNCIL DISCUSSION:
MEEHAN asked if the basketball =urt west of the Ferry Terrni-
nal had been covered with a nonslip surface yet. Parks and Recreation
Director Judy Andri j anoff stated that this had been taken care of.
SIMUI'IS asked the status of the report due from Chemical Bank.
Garzini stated that he had met with Mr. Lee of Chemical Bank last week
and had been promised a close out report wi thin two weeks.
I
GIESELER stated that the City should set aside an area in the
SMIC for a fire station. Garzini noted that storage space for a fire
truck might be available within the prison conplex. Gieseler also noted
the Governor's official proclamation designating Seward the State's
Fourth of July capital for 1986. He stated that he would be appearing
on KIMJ-TV on Wednesday and would read the proclamation to the viewers
at that time. Gieseler noted that he had represented the City aboard
the "Sea Goddess" when it was docked in Seward on its maiden voyage to
Alaska. Finally, he cOlIllEnded the Fire Department on its presentation
of the EMS Plan.
XIV. CITIZENS' DISCUSSION:
None
XV. COUNCIL AND ADMINISTRATICN RESPCNSE TO CITIZENS' COr.t-1ENTS:
BOOHER stated that he had recently spent some time in Si tka
and Juneau and had been irrpressed by the tourism there. He stated that
Seward needs to send someone to these two cities during the tourist
season to see what they are doing to attract and please tourists.
Gieseler noted that the first thing Seward needs to =ncentrate on is a
new dock.
XVI.
ADJOURNMENT:
I
fv~-P'~
Harry.. ieseler
Mayor
~26
PAGE 226
SPOCIAL MEETING - JULY 7, 1986
VOLUME 21
I. CALL TO ORDER:
The July 7, 1986, special meeting of the Seward City Council
was called to order at 12:20 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREM:NY:
Councilnember Booher led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilnenbers Booher, Gil-
lespie, Hilton, ~, Scholl and SiIlUltis
Present also: City Manager Garzini and City Clerk M.1rphy
IV. RESOIlJTICNS:
RESO/BONDS: A. Copies having been made available to the public, Gieseler
noted by ti tIe only a proposed resolution entitled:
A RESOIlJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AMENDING RESOllJ-
TICN NO. 84-105 TO CHANGE THE REDEMPTICN
FEA'IURFS CN THE $5,000,000 GENERAL OBLI-
GATION BONDS OF THE CITY.
GILLESPIE MOVED TO APPROVE RESOLUI'ICN NO. 86-69; THE l>DTICN
WAS SOCCNDED BY HILTON AND CARRIED UNANIMXJSLY.
Garzini noted that this proposed resolution would allOW" the
City to refinance the $5,000,000 in bonds sold in 1984 to finance the
transmission line upgrade and would result in a substantial savings to
the City in interest payments on the bonds.
V. CITIZENS' DISCUSSION:
None
VI. COUNCIL AND ADMINISTRATICN RESro;JSE TO CITIZENS' CCM1ENTS:
None
VII. ADJOURNMENT:
12.23 p.m.
S. h
~Oi~..' C~~ ,\ '1',
~3 '-U ~ ,:.t
'-.<' -.-~.,..... . /.
"'3Ci-h~al) A"l- ,: f,:'
= .n-~" 0';;.". .t.,. " ^.~
,.~v)o "::,'; 1,;":..',,'?'.\
"9' "l, ......' S""
'<..::~~~...
~ ;:;.--:5~
Ifairy ieseler
Mayor
00,7
PAGE 227
REGUIAR MEETING - JULY 14, 1986
VOLUME 21
I
I. CALL TO ORDER:
The July 14, 1986, regular meeting of the Seward City Council
was called to order at 7: 30 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREMJNY:
Counci1lrember Gillespie led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrrerrbers Booher, Gil-
lespie, Hilton and SiIlUltis (Counci1lrembers
M2ehan and Scholl were absent with Council
consent)
Present also: Deputy City Manager Schaefermeyer, City Attor-
ney Ifughes and City Clerk Murphy
IV. APPROVAL OF MINUTES:
SIMOTIS MOVED TO APPROVE THE JUNE 23, 1986, MINUTES AS WRIT-
TEN; THE l>DTION WAS SOCONDED BY GILLESPIE AND CARRIED UNANIMXJSLY.
I
V. APPROVAL OF CONSENT CALENDAR AND REGUIAR MEEI'ING AGENDA:
Booher requested that W. C. Casey be allOW"ed to make a presen-
tation under "Citizens' Discussion with Prior Notice". Gillespie
requested the addition of a new Agenda Item No. XI (C) -- Expansion of
Boat Harbor facility hours.
PROCLAMATIONS: Gieseler noted that long time Seward resident Elizabeth Mahan
had died on July 13, 1986; he read a proclamation expressing syrrpathy to
the family of Ms. Mahan and dedicated the meeting to her rnerrory.
GILLESPIE MOVED TO APPROVE THE RmJLAR MEEI'ING AGENDA AS
AMENDED AND THE CONSENT CALENDAR AS PRESENTED; THE l>DTION WAS SOCONDED
BY BOOHER AND CARRIED UNANIMXJSLY. The follOW"ing actions were taken:
RESO/MUN.ASSIST:
1.
Resolution No. 86-70, requesting municipal assistance
funding from the State of Alaska, was approved and filed;
RESO/CAMPERS/
CON-m:
2.
Resolution No. 86-71, allOW"ing a carrper for security at a
=nstruction site as requested by SamNhan, was approved
and filed;
C.ATTY:
3.
June 1986 invoices from HTGP&B for legal services total-
ling $86,323.93, was approved for payment and filed;
I TAXICABS/PERMITS:
4.
June 25, 1986, letter from Sharon Bate, Seward Cab
Corrpany, requesting a waiver from the provisions of
Section 20-15 (c) of the City Code, was filed without
objection;
228
FIREWORKS:
RE-D4-S:
PROCLAMATIONS:
SIGNS:
PERSONNEL
(COLA) :
PAGE 228
REGUIAR MEETING - JULY 14, 1986
VOLUME 21
5.
June 20, 1986, letter from the Seward Chamber of CorrIrerce
requesting approval for the Fourth of July fireworks
display was filed without objection;
6.
July 8, 1986, rnerrorandurn from Harbormaster Singleton
regarding off-street parking arrangements near the Kenai
Fjords National Park Service building was filed without
objection;
7. May 29, 1986, letter from Peratrovich, Nottingham and
Drage, Inc., regarding the Seward Cruise Ship Facilities
Study was noted for information and filed; and
8.
A proclamation designating August 1-8, 1986, as Youth
EIrployrrent Week was noted for information and filed.
VI. BOROUGH ASSEMBLY REPORT':
Kenai Peninsula Borough Assanbly Representative Jonathan
Sewall was not present and no report was given.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
A. RUTH M:HENRY, 508 First Avenue, Seward, appeared before
Council and stated that, as a rrember of the citizens group which had
been instrumental in drafting the present Sign Code, she felt a measure
of responsibility for the oversight relative to political signs. She
stated that the current =de is neither operable nor enforceable and
asked that the Council =nsider an amendment to the Sign Code which
would remedy this problem area. Garzini stated that the l\drninistration
had decided to forego enforcement of the current =de with respect to
political signs until such time as an amendment to the Code =uld be
drafted for Council's =nsideration. He stated that the administration
would present an amendment at the next rreeting which would allOW" politi-
cal signs for a rnaxi1m.mr- of 60 days prior' to any election and' would allow
signs measuring 5 square feet or less in residential zones and those
measuring 32 square feet or less in camrercial zones.
B. W. C. CASEY, 702 Third Avenue, Seward, appeared before
the Council and spoke in opposition to Emergency Ordinance No. 575 which
waived the requirement that errployees receive a =st of living pay
increase for Fiscal Year 1987 and which had been approved by the Council
on June 23, 1986. Casey stated that he was "baffled" that the City nOW"
found itself in a position that elimination of the COLA increase for
errployees was necessary. In response to a question from Casey, the City
Attorney stated that the "whereas" clauses in the ordinance explained
the nature of the emergency and added that the Council would be acting
on introduction of an ordinance =nfinning this emergency ordinance at
this particular rreeting. Hughes added that, in the opinion of the
attorneys representing the City, Ordinance No. 575 did not violate
229
PAGE 229
REX3UI..AR MEEI'ING - JULY 14, 1986
VOLUME 21
I
either the Charter or the City Code. Casey stated that waiver of the
COLA provisions was a "rroral issue" and warned the Council that this
action =uld "hurt" on-going union negotiations.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, CONFIRMING EMER-
GENCY ORDINANCE NO. 575 WAIVING THE
REQUIREMENT THAT CITY EMPLOYEES ROCEIVE A
COST OF LIVING INCREASE FOR FISCAL YEAR
1987 AND AMENDING SOCTICN 17-4.4 -- COST
OF LIVING AI..I.rnANCE.
SIMllTIS MJVED TO INTRODUCE PROPOSED ORDINANCE NO. 576; THE
MJI'ION WAS SECONDED BY HIL'ION AND CARRIED UNANIM:XJSLY. Public hearing
was scheduled for July 28, 1986.
2. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
I
AN ORDINANCE OF THE CITY CCXJNCIL OF THE
CITY OF SEWARD, AIASKA, PROVIDING FOR
PREQUALIFICATION OF BIDDERS.
GILLESPIE MJVED TO INTRODUCE PROPOSED ORDINANCE NO. 577; THE
Mal'ICN WAS SOCONDED BY HILTON.
I
Hughes noted that her office had prepared a substitute ordi-
nance for Council's =nsideration. She explained that the substitute
did not alter the intent of the proposed ordinance, but would clarify
its intent. In response to a question from Booher, Diener stated that
he did not want to include a local hire statement in this provision
since prequalification would only be used if the administration wished
to limit bidders to those with experience or expertise in a certain
field. Garzini noted that he would make the ultimate decision relative
to when prequalification would be used. Diener then outlined the
procedures which would be follOW"ed by the administration should it
decide to prequalify prospective bidders. In response to a question
from Hilton, Garzini stated that any appeal of the administration's
recorrmendation to the Council would be made at the Council level first
and could be taken to the superior =urt if the appellant desired.
HCMeVer, he explained that the City's position relative to prequalifica,-
tion would be IlUlch easier to defend than a decision to reject a lOW" bid
because of inexperience in a particular field.
SIMUTIS MOVED TO AMEND PROPOSED ORDINANCE NO. 577 TO READ AS
THE ATTORNEY'S SUBSTITurE ORDINANCE; GILLESPIE AND HIL'ION AGREED TO
ALLOIl THIS AS A FRIENDLY AMENDMENT. THE QUESTION WAS CALLED AND
230
PAGE 230
REGUIAR MEETING - JULY 14, 1986
VOLUME 21
ORDINANCE NO. 577 WAS INTRODUCED BY UNANIM)US VOI'E OF THE COUNCIL.
Public hearing was scheduled for July 28, 1986.
B. Ordinances for Public Hearing and Enactment:
ORD/SALES TAX: 1. Copies having been made available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AIASKA, AMENDING SOCTICN
19A.46 TO CONFORM TO NEW STATE REGUIATIONS
(HB 697) PROHffiITING MUNICIPAL SALES TAX
ON PURCHASES MADE WITH FOOD STAMPS.
Notice of public hearing as posted and published by law was
noted and the public hearing was opened; no one appeared in order to be
heard and the public hearing was closed.
SIMUTIS MNED TO ENACl' ORDINANCE NO. 574; THE MJI'ICN WAS
SOCCNDED BY HILTON AND CARRIED UNANIMXJSLY.
C. Resolutions:
RESO/CON-J1Qj 1. Copies having been made available to the public,
ELEC DEPT: Gieseler noted by title only a proposed resolution entitled:
A RESOllJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AI.ASKA, AUTHORIZING A SOLE
SOURCE CXJNI'RACl' TO UTILITY SYSTEMS &
APPLICATICNS, INC., FOR THE PERFORMANCE OF
AN ELECl'RIC METER AUDIT.
BOOHER MNED TO APPROVE RESOLurION NO. 86-72; THE l>DTION WAS
SOCCNDED BY SIMUI'IS.
In response to a question from Gillespie, Diener stated that
utility Systems would be auditing all major industrial meters and would
perfoIm spot checks on residential meters. If problems were found, a
ll'Dre in-depth study would be made.
THE QUESTICN WAS CALLED AND THE l>DTICN CARRIED UNANIMJUSLY.
2. Copies having been made available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOIlJTICN OF THE CITY COUNCIL OF THE
CITY OF SEWARD, AIASKA, REFERRING PROPOSED
CITY CHARTER AMENDMENTS TO THE ELOCTORATE
AT THE CCIDBER 7, 1986, REGUIAR CITY
ELECI'ION .
HIL'ION IDVED TO APPROVE RESOLurION NO. 86-73; THE MJI'ICN WAS
SOCONDED BY SIMIJTIS.
?~]
PAGE 231
REGUIAR MEETING - JULY 14, 1986
VOIlJtllE 21
I
Hughes stated that she was unhappy with the propositions as
set forth in the resolution and suggested that Council postpone action
on the resolution until the July 28, 1986, rreeting so that =unsel and
the administration =uld attempt to resolve some of the wording prob-
lems.
GILLESPIE MOVED TO POSTPONE ACTION CN THE PROPOSED RESOlllTICN
UNTIL THE JULY 28, 1986, MEEI'ING; THE l>DTICN WAS SECONDED BY BJOHER AND
CARRIED UNANIM)USLY.
X. UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
I
A. June 22, 1986, rnerrorandurn from Chugach Electric Asso-
ciation, Inc., relative to railbelt energy generation and transmission
was noted for information. Hilton requested that the administration
analyze the pros and cons of staying in the utility business as opposed
to taking advantage of CEA' s offer to take over the City's electric
utility. Garzini stated that he would like to =ntinue getting rrore
active in this area and suggested that the City =ntinue to work with
CEA and study all options. He warned that there are other =nsid-
erations besides rroney which IlUlSt be taken into account when weighing
the merits of CEA's proposal.
PRISON/CON--1..I21: B. BJOHER MJVED TO APPROVE A CCNTRACT WITH MUNICIPAL ADVISO-
RY SERVICES FOR THE IMPLEMENTATION AND MAINTENANCE OF A PRanx:T REPORT'-
ING SYSTEM FOR THE SPRING CREEK CORROCTIONAL CENTER; THE IDl'ION WAS
SOCONDED BY SIMJrIS.
Gillespie asked if this would result in a duplication of
effort, with Marty Grossman (DOT/PF) and Robert Nelson conpiling the
same statistics. Schaefermeyer assured the Council that this would not
be the case and stated that the need for this service had become appar-
ent in the last rronth. In response to a question from SiIlUltis, Schaef-
errneyer stated that funding would come from rroneys set aside within the
prison =nstruction budget for city administration.
THE QUESTION WAS CALLED AND THE MJ.['ION CARRIED UNANIMXJSLY.
HARBOR:
C. Gillespie stated that he had asked that this item be
addressed by the Council at the request of the Seward Charter Boat
Association. He recorrrrended that the City =ntract with a local high
school or =llege student to supervise tl'E harbor restroom/shOW"er
facilities during the evening hours during the stlITIlrer rronths only.
I
CLEM M:CANN, 610 First Avenue, Seward, representing the
Charter Boat Association, asked that the facilities be left open until
midnight each night during the s1.lIllrer rronths as a convenience to the
patrons of the boat harbor. Gieseler suggested that the hours be
changed from 8:00 a.m. - 5:00 p.m. to 7:00 a.m. - 12:00 midnight.
232
PAGE 232
REGUIAR MEETING - JULY 14, 1986
VOLUME 21
GILLESPIE MOVED TO INSTRUCl' THE CITY MANAGER TO HIRE TEMPORARY
EMPIDYEES TO KEEP THE HARBOR FACILITIES OPEN AN ADDITICNAL 56 HOURS PER
WEEK; THE MJI'ION WAS SOCCNDED BY l30CEER AND CARRIED UNANIMXJSLY.
XII. CITY MANAGER REPORT'S:
None
XIII.
COUNCIL DISCUSSION:
GIESELER noted that the U.S.S. Roark and the U.S.S. Waddel
were visiting Seward and that the captain of each ship had presented a
plaque to the City. He added that the City would be seeing quite a bit
rrore of the Navy.
XIV. CITIZENS' DISCUSSION:
DALE WILLIAMS, 220 Sixth Avenue, Seward, thanked the Council
for agreeing to extend the hours of operation of the Harbor facilities.
XV. COUNCIL AND ADMINISTRATICN RESPONSE TO CITIZENS I CCMMENTS:
None
XVI. ADJOURNMENT:
8:56 p.m.
~.
C~
H ry . ieseler
Mayo
'-...
',-
?';13
PAGE 233
REGUIAR MEEI'ING - JULY 28, 1986
VOLUME 21
I
I. CALL TO ORDER:
The July 28, 1986, regular meeting of the Seward City Council
was called to order at 7: 32 p.m. by Mayor Harry E. Gieseler.
II. OPENING CER:EMJNY:
Councilrrember Gillespie led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrrembers Gillespie,
M2ehan, Scholl and SiIlUltis (Councilrrembers
Booher and Hilton were absent with Council
consent)
Present also: City Manager Garzini, City Attorney Arvidson
and City Clerk Murphy
SPOCIAL ITEM:
I
SISTER CITY: Sandy Wassilie, past president of the Seward International
Friendship Association, introduced the four exchange students from
Obihiro, Japan -- Keiko Hoshi, Toshiko Kishi, Takuya Akiyama and Gakudai
Yamakawa -- and the two exchange students from Seward -- Paul Audette
and Robin Wright. Gieseler welcomed the Japanese students and presented
them with City pins and "Alaska passports".
IV. APPROVAL OF MINUTES:
GILLESPIE MOVED TO APPROIlE THE JULY 7 AND JULY 14, 1986,
MINUTES AS WRITTEN; THE l>DTION WAS SOCONDED BY SIMI.lTIS AND CARRIED WITH
SCHOLL ABSTAINING.
V. APPROVAL OF CONSEm' CALENDAR AND REGUIAR MEEI'ING AGENDA:
Schaefermeyer requested the addition of the follOW"ing i terns to
the =nsent calendar:
6. Approval of purchase orders for the purchase of electri-
cal supplies; and
7. Proposed Resolution No. 86-76, awarding a =ntract to
Seward Poofing Corrpany for repair of the Fire Hall roof.
SIMUI'IS MOVED TO APPROllE 'mE REGUIAR MEEI'ING AGENDA AS PRE-
SENTED AND THE CONSENT CALENDAR AS AMENDED; THE l>DTION WAS SOCONDED BY
MEEHAN AND CARRIED UNANIM)USLY. The follOW"ing actions were taken:
I
RESO/RECORDS
RETENTION:
1.
Resolution No. 86-74, amending the city re=rds retention
schedule, was approved and filed;
2 :.1 Ll
PAGE 234
ACCOUNTS PAYABLE:
CON-JJ.a:
COUNCIL COMPEN-
SATION:
FIREWORKS:
PURCHASING:
FIRE DEPT/CON-IQ2: 7.
RmJIAR MEEI'ING - JULY 28, 1986
VOLUME 21
2.
July 10, 1986, Finance Department's list of ac=unts
payable totalling $766,360.22, was approved for payment
and filed;
3.
M::xli.fication No. 4 to the Dawson & Associates =ntract
for lobbying services was approved and filed;
4.
Corrpensation for lost income totalling $50.00 as filed by
Mayor Harry Gieseler as a result of his July 17, 1986,
trip to Anchorage to attend a reception honoring Japanese
Consul General Arimatsu, was approved for payment and
filed;
5.
Chanber of Corrmerce request to discharge fireworks during
the Salrron Derby opening and closing was approved and
filed;
6.
Purchase orders for electrical supplies to restock
inventory were awarded as follOW"s:
Anixter Electric ............... $14,180.05
Debenharn Electric SUpply ....... 967.35
General Electric SUpply........ 1,740.80
Western States Electric ........ 1,826.00
(See Resolution No. 86-77, approved August 11, 1986.);
Resolution No. 86-76, approving a contract with Seward
Roofing Conpany for repair of the Fire Hall roof, was
approved and filed.
VI. BOROUGH ASSEMBLY REPORT':
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the July 22, 1986, assenbly rreeting.
VII. PUBLIC HEARINGS:
PH (Zoning): A. Notice of public hearing relative to proposed arnendrrents
to the Seward Urban District Zoning Code Section 21. 78.190 -- Land Uses
AlIOW"ed -- 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.
Raymond B. Notice of public hearing as posted and published as
required by law relative to the planned uses within the newly platted
Fort Rayrrond Subdivision was noted and the public hearing was opened; no
one appeared in order to be heard and the public hearing was closed.
PH (Assmts): C. Notice. of public hearing as posted and published as
required by law relative to the proposed special assessment district
entitled Gateway Subdivision Water Tank Assessment District No. 86-5 was
noted and the public hearing was opened.
PH (Ft.
Sub) :
JOHN GILLESpm, 606 Fifth Avenue, stepped down from the dais
and testified in opposition to the proposed assessrrent district. He
I
I
I
t")1)'j
PAGE 235
REGUIAR MEETING - JULY 28, 1986
VOLUME 21
stated that he was not convinced why Gateway Ventures should be the only
entity assessed on a project that services nnre than just Gateway
Subdivision.
No one else appeared in order to be heard and the public
hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
TRADE BOARD: WII..LARD DUNHAM, Chairman of the Seward Trade and Corrrrerce
Advisory Board, presented the Board's annual report to the Council.
Scholl and Gieseler thanked Dunham for his report and voiced their
support for the Board.
IX. ORDINANCES AND RESOlilllOOS:
A. Ordinances for Introduction:
1. Copies having been rrade available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AMENDING SEx:TION
6-11. 6 (h) OF THE CITY CXDE RELATIVE ro
POLITICAL SIGNS.
MEEHAN ffiVEI) ro INTROOUCE PROPOSED ORDINANCE NO. 578; THE
IDI'ION WAS SE:C:nIDED BY SCHOLL AND CARRIED UNANIM:XJSLY. (Public hearing
was scheduled for August 11, 1986.)
... 2. Copies having been rrade available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, REPEALING AND
RE-ENACl'ING SEx:TlOO 2-23.1 OF THE CITY
CODE -- CCMPENSATlOO OF COUNClIMEMBERS.
SIMUI'IS ffiVEI) ro INTRODUCE PROPOSED ORDINANCE NO. 579; THE
IDI'ION WAS SEXXJNDED BY MEEHAN AND CARRIED UNANIM:XJSLY. (Public hearing
was scheduled for August 11, 1986.)
B. Ordinances for Public Hearing and EnactrrEnt:
ORD/PERSONNEL: 1. Copies having been rrade available to the public,
Gieseler noted by ti tle only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, COOFIRMING EMER-
GENCY ORDINANCE NO. 575 WAIVING THE
REl;2UIREMENT THAT CITY EMPLOYEES RECEIVE A
COOT OF LIVING INCREASE FOR FISCAL YEAR
1987 AND AMENDING SECTlOO 17-4.4 -- COOT
OF LIVING ~CE.
236
PAGE 236
REGUIAR MEETING - JULY 28, 1986
VOUlME 21
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.
MEEHAN ffiVEI) ro ENACl' ORDINANCE NO. 576; THE IDI'IOO WAS
SE:C:nIDED BY SIMUI'IS.
Garzini noted that, in the past, the Council policy had been
to COI'C"pensate enployees fairly at the tinE they were hired and to assure
that enp10yees rerrained fairly COI'C"pensated. He added that the City
should be proud that it is not necessary to take even nnre severe
measures as this tinE, and assured the enployees that the Administration
v.Duld recornrend COlA increases whenever the budget would allow such an
increase. Meehan and Gieseler concurred and COIl1TEnded the enployees for
sharing the budget shortfall burden without carplaint.
THE QUESTION WAS CALLED AND THE IDI'ION PASSED UNANIMJUSLY.
ORD/BIDS:
2. Copies having been rrade available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, PROITIDING FOR
PREQUALIFlCATION OF BIDDERS.
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.
GILLESPIE MOIlED ro ENACl' ORDINANCE NO. 577; THE IDI'IOO WAS
SE:C:nIDED BY SIMlJI'IS.
In response to a question from Scholl, Garzini stated that he
intended to require prequalification of bidders for the Shiplift Cradles
and Rails project since the design and construction would require higher
than normal qualifications and capabilities. He then briefly outlined
for Scholl the steps which would be taken by the administration and the
Council in determining and approving the list of prequalified bidders
before accepting sealed bids on a particular project. Scholl expressed
sare concern that this ordinance could eliminate the possibility of new
ventures bidding on certain projects. Garzini assured the Council that
this procedure v.Duld only be used when certain special technical skills
and/or a proven track record are critical to the success of a project.
THE QUESTION WAS CALLED AND ORDINANCE NO. 577 WAS ENACI'ED
UNANIIDUSLY.
C. Resolutions:
RIE,SO/ELECTIONS/ 1. Copies having been rrade available to the public,
PERSONNEL/ Gieseler noted by title only a proposed resolution entitled:
COUNCIL:
A RESOWTlOO OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, REFERRING A
I
I
I
237
PAGE 237
REGULAR MEETING - JULY 28, 1986
VOlllME 21
PROPOSED CITY CHARI'ER AMENDMENI' ro THE
ELECroRATE AT THE CCI'OBER 7, 1986, REGUIAR
CITY ELEx:TION.
Gieseler noted the July 24, 1986, rrenorandum from Murphy
stating that the notion to approve the resolution was postponed at the
July 28, rreeting; therefore a notion to approve was already on the
floor.
MEEHAN M:>VED ro AMEND PROPOSED RESOWTION NO. 86-73 ro READ AS
THE SUBSTI'IUTE RESOUlTION SUBMITTED BY THE CITY COUNCIL; THE IDI'IOO WAS
SECONDED BY SIMlJI'IS AND CARRIED UNANIM:>USLY.
In response to a question frcm Scholl, Garzini stated that,
should this proposition fail, the City would be in the sane position as
it is now; passage of the proposition would sirrply clarify the status of
hospital enployees with respect to their eligibility to serve on the
City Council.
THE QUESTION WAS CALLED ON THE MAIN MJI'IOO AND RESOUlTlOO NO.
86-73 WAS APPRO\7ED BY UNANIM:>US VOTE OF THE COUNCIL.
RESO/ASSMTS: 2. Copies having been rrade available to the public,
Gieseler noted by ti tle only a proposed resolution entitled:
A RESOLUTlOO OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, DEI'ERMINING ro
PROCEED WITH A SPECIAL IMP~ DIS-
TRICT CALLED THE GATEWAY SUBDIVISION WATER
TANK ASSESSMENT DISTRICT NO. 86-5.
SCHOLL MOIlED ro APPROVE RESOWTION NO. 86-75; THE IDI'ION WAS
SEXXJNDED BY SIMlJI'IS.
Scholl stated that he had been opposed to eliminating the area
wide assesSIreIlt for this irrproverrent sare nonths ago and questioned the
fairness of assessing only Gateway Ventures for a portion of the proj-
ect. Meehan noted that the principal owner of Gateway Ventures had
agreed to the terms of assesSIreIlt sorre two nonths ago.
THE QUESTlOO WAS CALLED AND THE MJI'IOO WAS APPRO\7ED WITH FOUR
"YES" VOI'ES AND GILLESPIE ABSTAINING. Note: Gillespie is a principal
in Gateway Ventures.
X. UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
TRADE BOARD: A. SIMlJI'IS M:>VED ro CONTINUE THE EXISTENCE OF THE SEWARD
TRADE AND COMMERCE ADVISORY BOARD FOR AN ADDITlOOAL YEAR; THE IDI'ION WAS
SE:C:nIDED BY MEEHAN AND CARRIED UNANIM:>USLY.
238
PAGE 238
REGUIAR MEm'ING - JULY 28, 1986
VOUlME 21
B. SIMUI'IS MJVED ro REC<M-1END ro THE KENAI PENINSUIA BOROUGH
THAT SECTION 21. 78.190 OF THE KPB CODE -- LAND USES ALI.a'JED WITHIN '!HE
SEWARD URBAN DISTRICT ZONING CODE -- BE AMENDED AS PRESENTED BY THE CITY
ADMINISTRATION; THE IDI'ION WAS SEXXJNDED BY MEEHAN.
In response to a question from Scholl, Administrative Assis-
tant Kerry Martin stated that the only group which might be adversely
affected by the proposed changes v.Duld be developers of three or four
plexes. (These developrrents 'NOuld, under the proposed anendrrents, be
allowed only after obtaining a conditional use permit from the Advisory
Planning and Zoning Carmission.) Gillespie and Scholl objected, stating
that the ordinance should specify all requirerrents for four plexes and
under and that no permit (other than the building permit) should be
required. Martin countered that the ordinance oould not possibly cover
every aspect of the plan and building and that, with the population and
density of developrrent increasing, the public and the Carmission should
be given the opportunity to review and cornrent on three and four plexes.
GILLESPIE IDVED ro AMEND THE TABLE IN THE PROPOSED AMENOOENTS
BY ALI.a'ITNG MOLTI -FAMILY DEVEIDPMENTS OF THREE AND FOUR UNITS OUTRIGHT
IN R-3, OR, AC AND CB DISTRICTS; THE MJI'ION WAS SECOOOED BY SCHOLL AND
ACCEPTED AS A FRIENDLY ~ BY SIMUTIS AND MEEHAN.
In response to a question from Simltis, Martin stated that if
a use is not specified in the table, the Planning Carmission can deter-
mine whether to grant the use after a review. However, if a particular
use is specified but not listed as allowable in a certain district, a
zoning change would have to be initiated and approved prior to actual
approval of the particular use by the City or the Carmission. Simltis
stated that the table needed nore work, especially in the area of
"Harbor ConIrercial" uses. Garzini stated that the Small Boat Harbor
Master Plan designated the harbor area as "rrarine and rrarine-related"
and noted that it was irrportant to assure that the limited anDunt of
space available in the harbor be put aside for rrarine-related
businesses. Martin explained that businesses such as Portside (a srrall
gift shop on the Boardwalk) would not have been allowed had there been a
"Harbor Camercial" zone when the business was first proposed.
SCHOLL ffiVEI) ro POSTPONE ACTION 00 THE PROPOSED AMENDMENTS
UNTIL THE AUGUST 11, 1986, MEEI'ING; THE MJI'ION WAS SECOOOED BY GILLESPIE
AND CARRIED UNANIM:>USLY.
C. MEEHAN ffiVEI) ro DIREx:T THE ADMINISTRATlOO ro ESTABLISH
THE PROPOSED MAP AS PRESENTED AS THE TAR3ET USE FOR LAND IN THE FORT
RAYMOOD SUBDIVISION; THE MJI'ION WAS SE:C:nIDED BY SIMlJI'IS.
Gieseler noted the July 28, 1986, letter frcm Mildred L.
Sorenson objecting to developnent within the Cerretery Peserve. Garzini
stated that Ms. Sorenson had misunderstood the purpose of the rrap and
added that action by the Council would give the Administration guidanoe.
Scholl asked that the administration respond to Sorenson with a letter
thanking her for her concern and assuring her that as rrany trees as
possible would be saved as a buffer between the new e1errentary school
and residential areas within Forest Acres. Scholl added that he was
?10
PAGE 239
REGUIAR MEm'ING - JULY 28, 1986
VOLUME 21
I
glad to see that the City Shop would eventually be nnved to a site
within the Fort Raynnnd Subdivision.
Gieseler stated that he would be abstaining from action due to
his conflict as rranager of the ~ Recreation Camp. Ha.-rever, he asked
for permission from the Council to speak to this issue. There being no
objection frcm the Council, Gieseler stated his opposition to the
location of the road right-of-way to the new school site. He stated
that the present configuration v.Duld eliminate ten RV spots in addition
to several tent spaces currently being utilized by the ~. Martin
stated that the roadway and easerrents had been placed on the rrap in
accordance with the current ~ Rec Camp lease. (Gieseler noted that a
survey following negotiation of the lease had revealed that the boundary
rrarkers were in error and the ~ was losing nore property than it had
assmred it would.) Gieseler further noted that nnving the easerrent so
that the entire 60 feet would be taken from the Air Force Camp site
would be nore equitable since the Air Force was not using any portion of
the property in question. (Garzini stated that he would pursue such a
solution with the Air Force and would report back to the Council in 30
days. )
I
Gillespie asked why the Council had had no opportunity to
review the plat prior to submission to the Borough for approval.
Gieseler agreed that the Council should review and approve plats prior
to submission to the Borough and instructed the Clerk to draft a code
anendrrent which would assure this type of review by the Council in the
future for introduction at the next neeting.
Gillespie noted that this property had been granted to the
City by the State for "public use"; he asked if the City had the right
to lease the property to others. SchaefeIllEyer stated that, as long
long as the property is leased for public use -- i.e., a shopping mall,
etc. -- such a lease would be allCMed.
THE QUESTloo WAS CALLED AND THE MJI'Irn FAILED TO CARRY WITH
THREE "YES" VOI'ES, SCHOLL VarING "NO" AND GIESELER ABSTAINING.
PORT DEVELOPMENT/ D. GILLESPIE M:>VED ro ACCEPT GROOEWALD'S PROPOSAL TO PREPARE
CON-J..1;1: A aJS"K:MS PORI' OF ENrRY APPLlCATloo FOR THE CITY OF SEWARD; THE MJI'ION
WAS SEXXJNDED BY SIMUI'IS.
Garzini stated that the City had worked for the last year to
get Seward designated a customs port of entry, all to no avail. He
noted that Gronewald was, before his retirerrent, the customs official
for the state of Alaska and would have the expertise to shepherd the
City's application through the customs service; he reccmrended approval
of the professional services agreerrent.
I
Gronewald stated that he was aware of the efforts of the city
in the past year to obtain a customs port of entry designation. He
stated that the city v.Duld have a much easier tinE obtaining such a
designation if it were sought on an "area" basis encompassing the entire
peninsula with Kenai as the hare of the customs official assigned to the
area. Gillespie objected, stating that, if the city was the sponsor of
240
PAGE 240
REGUIAR MEETING - JULY 28, 1986
VOUlME 21
the application, Seward should be the hare base for the custcms offi-
cial. Gronewald agreed that since the bulk of the foreign traffic in
the area cares through the port of Seward, an argurrent in favor of
Seward as the horre base could be rrade. Gieseler noted that the
agreerrent called for a $5,000 fee, a $5,000 contingency account for
expenses and a $2,500 bonus to Gronewald if the application was
successful. In response to a question frcm Scholl regarding the tinE
frane involved, Gronewald stated that he v.uuld require approximately 2
nonths to gather the statistics and put together the application, and
another two nonths should be alla.ved for processing of the application
by the governnent. He noted that timing is also critical, adding that
at this tinE, the Alaska District is being allocated approximately 8
nore positions, making this the ideal tinE to be asking for a new
position for the Seward area.
THE QUESTION WAS CALLED AND THE IDI'ION CARRIED UNANIM:>USLY.
SMIC/CON-J.q!L: E. MEEHAN MJ\lED ro AUTHORIZE THE CITY MANAGER ro NEGOI'IATE A
COOTRACT WITH HARDING IAWSON ASSOCIATES IN AN AM:>UNT NOr ro EXCEED
$19,750, FOR GECJI'ECHNlCAL ENGINEERING SERVICES AT THE SEWARD MARINE
INDUSTRIAL CENTER; THE MJI'ION WAS SEXXJNDED BY SIMlJI'IS AND CARRIED
UNANIM)USLY.
XII. CITY MANAGER REPORI'S:
Garzini stated that the EDA has notified the Governor's offioo
that the State is ccmnitted to putting up $900,000+ if the City is to
receive its grant for the Seward Marine Industrial Center cradles and
rails project.
XIII.
COONCIL DISCUSSION:
GILLESPIE asked about the progress of Council's requested
overview of the pros and cons of selling the electric utility. Garzini
stated that the City could work with Chugach Electric Association to
produce an in-depth study. Meehan concurred that an overview of the
entire operation iss needed.
SCHOLL asked if the administration had fornulated instructions
to the lobbyist for the coming legislative session. Garzini stated that
this fall the Council will agree upon a capital irrproverrents list and
will develop legislative priorities for the lobbyist. In response to a
question from Scholl concerning the $24 Thousand in City funds premised
for library expansion, Garzini stated that the noney v.Duld care frcm the
Fund Balanoo if the State corres through with rratching funds. Scholl
then asked the administration and Council to begin thinking of alterna-
tive ways to finance the new hospital. Garzini noted that Booher and
Simutis will rreet with the Hospital Board to look at developing a
financing plan. In response to a question from Scholl regarding the
Senior Center, Garzini stated that Schaefenreyer v.Duld be working with
the Seniors on a regular basis. He noted, however, that the reappropri-
ated funds for the Senior Center were "frozen". Scholl then asked that
the administration consider the location of another softball field when
211J
PAGE 241
REGUIAR MEEI'ING - JULY 28, 1986
VOLUME 21
I
developing the long term plans for the Seventh Avenue Park Strip
(Greenbelt) .
GIESELER asked Murphy to review election filing dates. She
stated that candidates could file declarations of candidacy with her
office beginning Friday, August 1, 1986, and noted that the last date
for filing was 5:00 p.m., Friday, August 15. Murphy also reminded
voters that, in order to qualify to vote in the October 7 regular
election, one must register on or before September 7, 1986. Gieseler
reminded everyone to vote in the special Borough election regarding the
firev.urks ban which was scheduled for Tuesday, July 29. In response to
Gieseler's question regarding the site of the terminated lease in the
Small Boat Harbor, Garzini stated that there had been no inquiries as
yet from potential lessees. Schaefe:rneyer noted that the Harbormaster' s
Building is now open until midnight each evening.
XIV. CITIZENS' DISCUSSION:
I
WII..LARD DUNHAM, Forest Acres, asked if the city is conducting
periodic water quality tests in the landfill area. Diener noted that
the tests conducted by the city are not designed to detect traoe resi-
dues, heavy rretals or other polutants. Dunham also asked the city to
consider rebuilding the washed-out access road to the landfill in order
to minimize thru traffic in Forest Acres. Finally, Dunham cautioned the
Council to carefully consider new building or zoning regulations so that
the city does not "get to the point that it is easier to build outside
the city limits".
'iN. COUNCIL AND ADMINISTRATION RESPOOSE ro CITIZENS' CCMo1ENTS:
SCHOLL asked that Dunham be given a copy of a recent letter
from the Federal Highway Administration regarding a rreeting in Seward on
Septercber 9 to discuss options for funding the reconstruction of the
Exit Glacier Road.
XVI. ADJOURNMENT:
The rreeting was adjourned at 10: 11 p.m.
I
~ ~'
'e; "'''9'~ C~L~
Rar . Gieseler
May
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. '
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i-IlJ;'u
PAGE 242
REGULAR MEETING - AUGUST 11, 1986
VOlllME 21
I. CALL ro ORDER:
The August 11, 1986, regular rreeting of the Seward City
Council was called to order at 7:35 p.m. by Mayor Harry E. Gieseler.
II. OPENING CEREMNf:
Council1tember Scholl led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were:
Mayor Gieseler and
Scholl and Simutis
Gillespie and Meehan
consent)
Councilrrerrbers Hilton,
(Council1rembers Booher,
were absent with Council
Present also: Deputy City Manager Schaefe:rneyer, City Attor-
ney Arvidson and City Clerk Murphy
SPECIAL ITEM:
Gieseler introduced Lynda Plant, City Clerk of Cordova,
Alaska, and welcared her to Seward. He then presented Ms. Plant with a
City pin.
IV. APPROVAL OF MINUTES:
SIMUTIS ffiVEI) ro APPROVE THE JULY 28, 1986, MINUI'ES AS WRIT-
TEN; THE MJI'ICN WAS SE:C:nIDED BY SCHOLL AND CARRIED UNANIM:XJSLY.
V. APPROVAL OF CONSENT CALENDAR AND REGUIAR MEETING AGENDA:
A. SCHOLL MJ\7ED ro MEET IN EXECUTIVE SESSICN IMMEDIATELY
FOLLCWING THE CLOSE OF REGULAR BUSINESS IN ORDER ro DISCUSS CN-GOING
LITlGATICN; THE MJI'ION WAS SECOOOED BY HILTON AND CARRIED UNANIIDUSLY.
B. Gieseler requested the addition of the following item to
the regular rreeting agenda:
XI. NEW BUSINESS:
A. Proposed $1,000 grant to the Civil Air Patrol
HILroN ffiVEI) ro APPROVE THE REGUIAR MEm'ING AGENDA AS AMENDED
AND THE CONSENT CAI.ENDAR AS PRESENTED; THE MJI'ION WAS SECOOOED BY
SIMUTIS AND CARRIED UNANIMOUSLY. The following actions were taken:
RESO/PURCHASING:
1. Resolution No. 86-77, authorizing the purchase of elec-
tric distribution construction rraterials without full
utilization of City bid procedures, was approved and
filed;
':'~,
PAGE 243
REGUIAR MEETING - AUGUST 11, 1986
VOLUME 21
RESO/PURCHASING:
2.
Resolution No. 86-78, authorizing the purchase of a
vehicle for the Police DepartrrEnt without full utiliza-
tion of City bid procedures, was approved and filed;
June 1986 invoice from HTGP&B for legal services total-
ling $59,326.19, was approved for payrrent and filed;
I
C. ATTY:
3.
OTS:
4.
Vacation of a portion of First Avenue lying west of Lots
26-28, Block 12, Original Townsite of Seward, as request-
ed by John and Laura Van Alstine, was filed without
objection; and
CON- ,'S~:
5.
Change orders to the Sarrwhan contract for prison con-
struction were noted for information and filed as fol-
lows:
C.O.#6 - + $94,053 - Additional concrete footings
C.O.#9 - + $24,372 - Plumbing line changes
C.O.#10- + $51,983 - Electrical cable and reoeptacle
changes
C.O.#ll- + $79,528 - Revisions to chainlink fence
and gates
VI. BOroUGH ASSEMBLY REPORI':
I
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall was not present and no report was given.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
MARINA SUB: A. M:::>she Zorea, an attorney representing Russ Pace, appeared
before the Council and objected to the City I s termination of Mr. Pace's
lease of Lot 5, Block 1, Marina Subdivision. He noted that Pace had
plans for the developnent of Lot 5 in two phases -- Phase 1 would
include a gift shop and Phase 2 v.Duld include the construction of a
Nautilus club and and addition to the Breeze Inn nntel carplex. Zorea
introduoed Fobert Cousineau who displayed several drawings of the
proposed developrent. He then introduced Terry Heussner, proposed
rranager of the Nautilus Club which Pace wishes to construct. Zorea
urged the Council to reconsider its termination of the lease.
I
Hilton noted that the lease was originally assigned to Pace on
May 23, 1985. Since that tinE, the City had issued several notifica-
tions and warnings to Paoe regarding the construction deadlines in the
lease. However, Pace had failed to perform within the tinE frane set
forth. Gieseler concurred, stating that the rrain interest of the City
was to see that the property is developed and that it be utilized in a
rrarine-re1ated capacity.
244
PAGE 244
REGULAR MEETING - AUGUST 11, 1986
VOlllME 21
Gieseler asked that action on the termination be postponed
until such tinE as the full Council could be present.
IX. ORDINANCES AND RESOlillIONS:
A. Ordinances for Introduction:
1. Copies having been rrade available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF '!HE
CITY OF SEWARD, ALASKA, REl;2UIRING CITY
COUNCIL APPROVAL PRIOR ro FILING A PRELIM-
INARY PLAT OF CITY-avNED PROPERrY.
SIMUI'IS MJVED ro INTROOUCE PROPOSED ORDINANCE NO. 580; THE
IDI'ICN WAS SECCNDED BY SCHOLL.
Schaeferrreyer noted that the administration v.Duld prefer a
directive frcm the Council that plats be reviewed prior to filing rather
than an anendrrent to the City Code.
THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANIM:>USLY.
Public hearing was scheduled for August 25, 1986.
2. Copies having been rrade available to the public,
Gieseler noted by title only a proposed ordinanoe entitled:
AN ORDINANCE OF THE CITY COUNCIL OF '!HE
CITY OF SEWARD, ALASKA, AMENDING THE SIGN
CODE ro PROHIBIT THE DISTRIBurICN OF
HANDBILLS ON PUBLIC PROPERrY.
HILTON M:>VED ro INTRODUCE PROPOSED ORDINANCE NO. 581; THE
IDI'ION WAS SECCNDED BY SIMlJI'IS.
Schaeferrreyer noted that the attorney would be drafting a
substitute ordinance to be presented to the Council at the next rreeting.
He stated that he wished to research the free speech issue sarewhat
before proceeding with this prohibition. Garzini suggested that the
ordinance be defeated and another, revised version be introduced on
August 25.
THE QUESTION WAS CALLED AND THE ORDINANCE FAILED WITH THREE
"NO" VOTES AND SCHOLL varING "YES".
B. Ordinances for Public Hearing and EnactrrEnt:
SIGNS/ORD: 1. Copies having been rrade available to the public,
Gieseler noted by title only a proposed ordinanoe entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AMENDING SEx:TION
I
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245
PAGE 245
REGUIAR MEm'ING - AUGUST 11, 1986
VOLUME 21
6-11. 6 (h) OF THE CITY CXDE RELATIVE ro
POLITICAL SIGNS.
Notice of public hearing as posted and published as required
by law was noted and the public hearing was opened.
WII..LARD DUNHAM, Forest Acres, appeared before the Council and
stated that he felt the ordinance under consideration was "overkill".
He stated that political signs had not been a problem in the past and
were not a problem at this tinE. He particularly objected to the 60 day
limit prior to elections.
No one else appeared in order to be heard and the public
hearing was closed.
HILTOO ffiVEI) ro ENACl' ORDINANCE NO. 578; THE MJI'Ioo WAS
SE:C:nIDED BY SCHOLL.
Hilton and Scholl stated that while they agreed with sorre of
Dunham's corments, the proposed ordinance was less restrictive than the
current oode provisions and thus they would support this revision.
HILTON MJVED 'IO AMEND THE ORDINANCE BY SUBSTI'ItlTING "90" DAYS
FOR "60" DAYS. This was accepted as a friendly anendrrent.
SIMUTIS MOIlED ro AMEND THE ORDINANCE BY DELErING THE LAST LINE
WHICH REl;2UIRED A PERMIT FRCM THE CITY CLERK PRIOR ro POSTING POLITICAL
SIGNS. This was accepted as a friendly anendrrent.
THE QUESTION WAS CALLED AND ORDINANCE NO. 578 WAS ENACTED
UNANIIDUSLY.
C. COUNCIL/ORD: 2. Copies having been rrade available to the public,
Gieseler noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, REPEALING AND
RE-ENACTING SEx:TION 2-23.1 OF THE CITY
CODE -- CCMPENSATloo OF COUNClIMEMBERS.
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.
SIMUTIS ffiVEI) ro ENACl' ORDINANCE NO. 579; THE MJI'Ioo WAS
SEXXJNDED BY SCHOLL AND CARRIED UNANIM:>USLY.
C. Resolutions:
None
x.
UNFINISHED BUSINESS:
A. Gieseler noted that, at its rreeting of July 28, 1986, the
Council had postponed action on the proposed anendrrents to the Seward
246
PAGE 246
REGUIAR MEETING - AUGUST 11, 1986
VOUlME 21
Urban Zoning Code until the proposed anendrrents could be reviewed by the
Planning Corrrnission once again. Therefore, a notion to recc:mrend
approval of the anendrrents to the Kenai Peninsula Borough was currently
"on the floor". Gieseler also noted that attached to Administrative
Assistant Kerry Martin's rrenorandum were two copies of the table under
review; the first was as anended by the Council at the July 28 rreeting,
and the second was as anended by the Planning Ccmnission at its August 6
rreeting.
SIMlJI'IS ffiVEI) ro AMEND THE TABLE 'ID INCLUDE '!HE CHANGES
RECCMMENDED BY THE PLANNING CCMITSSION AT ITS LAST MEEl'IN:;; THE MJI'ION
WAS SECONDED BY SCHOLL AND CARRIED UNANIIDUSLY.
Scholl stated that he was still not happy with the ordinance
as anended and would prefer to see it sent back to the Conmission once
again. Simutis noted that the City needs guidelines, and though she is
not carpletely happy with the finished product, there was an avenue for
change if required in the future. Schaefermeyer noted that the Corrrnis-
sion has already spent a great deal of tinE on this portion of the
zoning code. He further stated that the current code is confusing and
difficult to administer and added that the purpose of the recornrended
anendrrents was to clarify and broaden the scope of the table.
Gieseler objected to acting on the anendments without the full
Council's presence.
SCHOLL ffiVEI) ro POSTPOOE ACI'ION ON THIS ITEM UNTIL THE FIRST
MEm'ING IN SEPI'EMBER.; THE MJI'ION WAS SE:C:nIDED BY HIL'I'C:N AND CARRIED
UNANIM:>USLY.
XI. NEW BUSINESS:
GRANTS/CAP: A. GIESELER M:>VED ro APPROPRIATE $1,000.00 FROM THE COUNCIL
CONTINGENCY FUND ro THE ICCAL CHAPTER OF THE CIVIL AIR PATROL ro ASSIST
IN THE PURCHASE OF PETROLEUM, OIL AND ilJBRICANTS PROIJIDED THAT THE FUNDS
ARE USED SOLELY FOR THIS PURPOSE AND THAT THE GRANTEE PROITIDE THE CITY
PROOF THAT THE GRANT FUNDS WERE EXPENDED AS STIPUIATED; THE MJI'ION WAS
SECONDED BY SCHOLL.
Gieseler noted that he had received a letter fran the local
deputy ccmnander of the Civil Air Patrol, Dave Brossow, requesting funds
to assure that the local chapter rremhers received enough flight tinE to
retain certification and proficiency. He reccmrended approval of the
grant. Scholl stated that, while he would support this request, action
of this sort v.Duld trigger requests for Council support frcm other
\\'Orthwhile groups in the camumity. He noted that each request should
be considered carefully.
THE QUESTlOO WAS CALLED AND THE IDI'ION PASSED UNANIMJUSLY.
XII. CITY MANAGER REPORI'S:
Schaefenreyer noted that the City had contacted Chugach
Electric Association regarding the Council's request to investigate the
""7
PAGE 247
REGUIAR MEETING - AUGUST 11, 1986
VOUlME 21
I
pros and cons of selling the electric utility. He stated that CPA has
assigned 'Ibm Martin to prepare an analysis of such a nerger. The
analysis is scheduled to be ready for review by the end of September.
Schaefenreyer also noted that confirmation had been received
frcm the Governor that the $906,000 required to rratch EDA grant funds
for the cradles and rails project had been approved. The Governor had
also stated that if oil prices go up sufficiently, he will consider
releasing nore funds to the City for this project.
XII I.
COUNCIL DISCUSSION:
SCHOLL asked if he could request reconsideration of the
ordinance regarding prequalification of bidders at the next or a later
rreeting; Arvidson advised him that it would be too late to do so at that
tinE. Scholl also noted his support for Council review of preliminary
plats of City-owned property. He added that decisions such as these
need to be rrade by the elective body and not by City administrators.
XIV. CITIZENS' DISCUSSION:
I
WALTER CHRISroLEAR, ApartrrEnt N::J. 6, Brown & Hawkins Apart-
rrents, noted that the City should require the rerroval of political signs
within one week following an election. He also stated that there were
several illegal political signs in the corrmmity. Christolear also
ccmrented on the Pace lease (City should reconsider termination of
lease) and bid procedures (why are bid procedures waived so often?).
xv. COUNCIL AND ADMINISTRATION RESPONSE ro CITIZENS' CC>>1ENTS:
None
XVI. ADJOURNMENT:
The rreeting was adjourned at 8:57 p.m. and, after a short
recess, the Council reconvened in executive session to discuss current
litigation.
...:0\4'...""
..~. ~"..'l...""
. '",. . ~\t:.,..., ~~-: 't-
':' \~.., \ '" .,,~ ..' '+--
~~1:.~ .OF'.~\.t-~
~c':-~'fti.
. Gieseler
Ma
I
, 1"
..~ .;. ~
,', .:.... ',,- !$.,..I
I
I
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PAGE 1
REGUIAR MEETING - AUGUST 25, 1986
VOLUME 22
I. CALL ro ORDER:
The August 25, 1986, regular rreeting of the Seward
City Council was called to order at 7:30 p.m. by Mayor Harry E.
Gieseler.
II. OPENING CEREMJNY:
CouncilrrEmber Gillespie led the pledge of allegiance
to the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrrerrbers Booh-
er, Gillespie, Hilton and Simutis
(CouncilrrEmbers Meehan and Scholl were
absent with Council consent)
Present also: City Manager Garzini, City Attorney Ar-
vidson and City Clerk Murphy
IV. APPROVAL OF MINUTES:
BOOHER ffiVEI) TO APPROVE THE AUGUST 11, 1986, MINUTES
AS WRITTEN; THE MJI'ION WAS SEXXJNDED BY HILTOO AND CARRIED WITH
FOUR "YES" VOTES AND GILLESPIE ABSTAINING.
V.
AGENDA:
APPROVAL OF CONSENT CALENDAR AND REGULAR MEm'ING
Gieseler noted that the attorney had requested the
deletion of Item V (A) -- Request for executive session -- from
the regular rreeting agenda. Gieseler also requested the addi-
tion of the following new agenda items: 1) Item No. VIII (B) --
Presentation by Larry Smith regarding award of a contract for
prison clearing; 2) Item No. IX(C) (2) -- Proposed Resolution No.
86-82, approving a list of prequalified bidders for the SMIC
cradles and rails project; and 3) Consent Calendar Item No. 5 --
Request for letter of nonobjection to an encroachrrent as filed
by Janes Parrish.
SIMlJI'IS M:>VED ro APPROVE THE REGULAR MEm'ING AGENDA
AND THE COOSENT CALENDAR AS AMENDED; THE IDl'ION WAS SECONDED BY
HILTOO AND CARRIED UNANJM)USLY. The following actions were
taken:
1. Resolution No. 86-79, authorizing the assignment
of a lease of city property from Hares Unlimited, Inc., to
Harold W. Johnson (Portion of Block 8, Oceanview Subdivision),
was approved and filed;
2. Resolution No. 86-80, appropriating funds to !TEet
the local match for the Seward Ccmnunity Library renovation, was
approved and filed;
1
RESO/RE-~:
Assignment of lease/
Oceanview Sub.
RESO/GRANTS/LIBRARY:
Local match for li-
brary renovation
2
C.ATTY:
Gross & Burke
C. COUNCIL:
Compensation/Gieseler
ENCROACHMENTS/OTS:
B 10, L 7-8, Parrish/
Approved
PUBLIC HEARINGS:
Gateway Sub Water Tank
Assessment Dist. No.
86-5
PRISON:
Status report
PRISON:
Clearing contract/
Appeal of DOT/PF
recommendation
PAGE 2
REGUIAR MEETING - AUGUST 25, 1986
VOlllME 22
3. August 1, 1986, invoice frcm Gross & Burke for
legal services totalling $825. 00, was approved for paynent and
filed;
4. Request for COI'C"pensation totalling $100.00 for
lost income while travelling on city business as filed by Mayor
Harry E. Gieseler was approved for paynent and filed; and
5. Request for letter of nonobjection to a continued
encroachrrent of a structure located at Lots 7-8, Block 10,
Original 'I'cMnsite of Seward, onto city property, for the life of
the loan or the life of the structure, whichever occurs first,
as filed by Janes Parish, was approved and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Boroogh Assembly Representative
Jonathan Sewall gave a verbal report of the Assembly rreeting of
August 19, 1986. Sewall noted that the Borough Assembly had
approved Ordinance No. 86-52, authorizing general obligation
bonds for construction of a new elerrentary school in Seward if
approved by the voters on October 7, 1986.
VII. PUBLIC HEARINGS:
Notice of public hearing as posted and published as
required by law regarding the rrethod of assesSIreIlt of the costs
of the irrproverrents in the district designated as the Gateway
Subdivision Water Tank AsseSSIreIlt District No. 86-5 was noted
and the public hearing was opened; no one appeared in order to
be heard and the public hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
A. MARTY GROSSMAN, Department of Transportation
Project Manager for the Spring Creek Correctional Center con-
struction project, appeared before the Council and previewed a
video presentation of the project. Grossrran then answered
several questions from the Council regarding project status and
estirrated completion date.
B. LARRY SMITH, Cooper Landing, President of D & L
Construction Corrpany, appeared before the Council and objected
to the DepartrrEnt of Transportation IS reccmrendation that the
Council award its contract for prison clearing to the second low
bidder. Smith stated that his failure to insert the correct
unit price for the clearing should not affect his status as low
bidder since his "bottom line" figure was the 1cmest bid submit-
ted. He also reminded Council that he was a "local" contractor.
In response to a question from Booher, Garzini noted
that the DepartrrEnt of Transportation I s role was to rrake recan-
rrendations to the Council, but the Council would be required to
ultirrately decide which contractor was to receive the contract.
I
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PAGE 3
REGUIAR MEETING - AUGUST 25, 1986
VOlllME 22
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies having been rrade available to the
public, Gieseler noted by title only a proposed ordinance
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AMENDING CHAPTER 16 OF
THE SEWARD CITY CODE, PEDDLERS, SOLIClroRS,
ETC., TO PROHIBIT THE DISTRIBUTION OF
COMMERCIAL HANDBILLS 00 PUBLIC PROPERrY.
HILTOO ffiVEI) ro INTRODUCE PROPOSED ORDINANCE NO. 582;
THE MJI'IOO WAS SECONDED BY BOOHER.
Gillespie stated that he was opposed to prohibiting
distribution of corrrrercial handbills and preferred that all
handbiils (corrrrercial and non-conmercial) be treated equally.
He added that he did favor prohibiting the placerrent of hand-
bills on automobile windshields. Hilton and Booher agreed to
accept this change in the ordinance as a friendly anendrrent.
THE QUESTION WAS CALLED AND PROPOSED ORDINANCE NO. 582
WAS INTRODUCED AS AMENDED. Public hearing was scheduled for
September 8, 1986.
2. Copies having been rrade available to the
public, Gieseler noted by title only a proposed ordinance
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AMENDING SEx:TICN 2-55-
(a). 1 (a) OF THE CITY CODE REIATIVE 'IO THE
SEWARD CD1MUNITY HOSPITAL BOARD.
HILTOO M:>VED ro INTRODUCE PROPOSED ORDINANCE NO. 583;
THE MJI'ION WAS SECOOOED BY SIMUTIS AND CARRIED UNANn-nJSLY.
B. Ordinances for Public Hearing and Enactrrent:
1.
public, Gieseler,
entitled:
Copies having been made available to the
noted by title only a proposed ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, REQUIRING CITY COUNCIL
APPROVAL PRIOR ro FILING A PRELIMINARY PlAT
OF CITY-rnNED PROPERrY.
Notice of public hearing as posted and published as
required by law was noted and the public hearing was opened; no
3
ORD/SUBDIVISIONS:
Council approval of
preliminary plats of
City-owned property
required prior to
filing
4
RESO/ASSESSMENTS:
Gateway Sub Water
Tank Assessment Dist.
No. 86-5 -- Assmt.
Roll approved
RESO/SMIC (Shiplift):
Prequalified bidders
for cradles & rails
project approved
LOCAL HIRE!ORD:
Local ordinance
failed
PAGE 4
REGl.JLAR MEETING - AUGUST 25, 1986
VOUlME 22
one appeared in order to be heard and the public hearing was
closed.
GILLESPIE ffiVEI) ro ENACT ORDINANCE NO. 580; THE MJI'IOO
WAS SECrnDED BY SIMUTIS AND CARRIED UNANlMJUSLY.
C. Resolutions:
1. Copies having been rrade available to the
public, Gieseler noted by ti tle only a proposed resolution
entitled:
A RESOLUTlrn OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, COOFIRMING THE SPECIAL
ASSESSMENI' ROLL OF THE SPECIAL IMP~
DISTRICT DESCRIBED AS GATFJilAY SUBDIVISION
WATER TANK ASSESSMENT DISTRICT NO. 86-5.
SIMUTIS MJVED ro APPROVE RESOLUTloo NO. 86-81; THE
IDI'Irn WAS SECrnDED BY BOOHER AND CARRIED WITH FOUR "YES" VOTES
AND GILLESPIE ABSTAINING.
Note: Gillespie is a principal in Gateway Ventures, Inc., sole
"OOier of the properties being assessed.
2. Copies having been rrade available to the
public, Gieseler noted by title only a proposed resolution
entitled:
A RESOWTlrn OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING A LIST OF FIRMS
PREl;2UALIFIED ro BID ro PERFORM DESIGN AND
CONSTRUCTlrn OF TRANSFER FACILITIES FOR THE
SHIPLIFT IN THE SEWARD MARINE INDUSTRIAL
CENTER.
GILLESPIE M:>VED ro APPROVE RESOLUTlrn NO. 86-82; THE
IDI'ION WAS SE:C:nIDED BY SIMlJI'IS.
Hilton questioned the addition to the list of three
firms which were not recornrended by the City's consultant.
Diener explained that the city administration had personal
knowledge concerning the capabilities of the three firms which
had not been available to the consultant.
THE QUESTION WAS CALLED AND RESOLUTION NO. 86-82 WAS
APPRO\7ED UNANIIDUSLY.
x. UNFINISHED BUSINESS:
A. Gieseler noted that action on proposed Ordinance
No. 555 (local hire) had been continued frcm the June 23, 1986,
rreeting; therefore, a notion for enactrrEnt was on the floor.
I
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PAGE 5
REGUIAR MEETING - AUGUST 25, 1986
VOlllME 22
Gillespie noted that the administration's recormenda-
tion (August 21, 1986, rrenorandum from Schaefenreyer) was to
overturn this ordinance and to rely on enforcerrent of the state
law which was enacted in the last legislative session. He
objected to this course, stating that the city could not expect
the state to do everything for it. He added that the city
ordinance would cover only those projects financed with city
funds. Hilton stated that he would vote against the ordinance
adding that, very few city projects were constructed solely with
City funds. He stated further that those projects srrall enough
to be constructed with city funds alone were generally awarded
to local contractors. Booher stated that he supported the
concept of local hire but was concerned about the cost of
defending a 16cal law such as this proposed ordinance.
THE QUESTION WAS CALLED AND THE MJI'ION FAILED WITH
F<XJR "NO" VOTES AND GILLESPIE VarING "YES".
XI. NEW BUSINESS:
A. SIMUTIS M:>VED ro AUTIlORIZE A LEITER OF NONOB-
mICN ro THE CONTINUED ENCROACHMENI' OF THE STRUCTURE KN::WN AS
THE OLD SOLLY'S BUILDING IN'ro THE CITY RIGHT-OF-WAY CN RAIIWAY
AVENUE, AS REl;2UESTED BY HARRY FOOSNESS, FOR THE LIFE OF THE
STRUCTURE OR THE LOAN, WHICHEVER <:X:MES FIRST; THE MJI'ION WAS
SE:C:nIDED BY HILTON.
In response to a question from Booher, Diener stated
that the problem with the concrete pad in front of the building
had been resolved.
'!HE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANI-
MXJSLY.
B. SIMUTIS M:>VED ro AWARD A CONTRACT FOR ADDITlOOAL
CLEARING AT THE PRISoo SITE ro SMITH mUIPMENT SERVICES FOR A
LUMP SUM AMJUNT OF $16,830; THE MJI'ION WAS SEXXJNDED BY BOOHER.
Tonmy Heinrich, Director of Design and Construction
for the DepartrrEnt of Transportation and Public Facilities,
stated that oar/PF had reviewed all bids. He noted that the bid
docurrents clearly stated that the bid award would be based on
unit price, not bottom line. He noted that D & L's bid had read
$16,125 for both the unit price and the total contract price,
rraking D & L's unit price the highest of bids received. 'lbere-
fore, the state's reccmrendation was to award the contract to
Smith Fquiprrent Services at a unit price of $935 and a total
contract price of $16,830.
In response to a question from Gieseler, Arvidson
stated that, should the Council award to Smith Fquiprrent Ser-
vices and later be sued by D & L, the state would be obligated
to defend the city since the city's bid award was based on the
state's recorrrrendation. However, if the city should award the
5
ENCROACHMENTS/OTS:
Solly's Bldg. enc.
approved
PRISON (Clearing):
Contract for clear-
ing awarded to D &
L Construction Co.
(CON-l1~J
6
PAGE 6
REGUIAR MEm'ING - AUGUST 25, 1986
VOLUME 22
contract to D & L, and should Smith Fquitxrent Services bring
suit, this protection from the state might not be forthocming.
In response to a question from Hilton, Larry Smith
stated that D & L had submitted a 5% bid deposit totalling $810
with its bid package.
RECESS: The rreeting was recessed at 9:15 p.m. and reconvened at
9:20 p.m.
GIESELER M:>VED ro AMEND THE ORIGINAL MJI'Irn BY ~
ANY IRREGULARITIES IN D & L' S BID AND BY SUBSTITUTING "D & L"
FOR "SMITH EQUIPMENr SERVICES" AND "$16,125" FOR "$16,830"; THE
IDI'ION WAS SEXXJNDED BY HILroN AND CARRIED UNANIM:XJSLY.
THE QUESTlOO WAS CALLED rn THE MAIN MJI'IOO AND THE
IDI'Ioo CARRIED UNANIIDUSLY.
XII. CITY MANAGER REPORI'S:
Garzini stated that he had travelled to Harrer, Kenai,
Soldotna and Nikiski with Kerry Martin and Art Groenwald to
discuss the areawide custcms port of entry application. He
added that each cormumity had promised to introduce resolutions
supporting an areawide designation at its next council rreeting.
He noted that he had also used this trip to prC!lOte passage of
the bond proposition for local school construction. Garzini
stated that Jerry Best v.Duld be setting up speaking engagerrents
on the other side of the peninsula and he was looking for
individuals willing to travel around the peninsula to aid in
prC!lOtion of this project.
Garzini introduced Dick Salzer, consultant on the
cradles and rails project. Salzer provided Council with an
update on the progress of the project. He stated that another 8
weeks v.Duld see carpletion of the engineering with construction
starting when weather permits. He estirrated total construction
tinE to be four nonths. In response to a question frcm Gilles-
pie, Salzer stated that he \IiOuld be preparing the technical
portions of the bid docunents and v.Duld be doing sare basic
engineering for the project. Salzer also noted that the scope
of the project had been scaled back as a result of cuts in the
state grant. He added, h.o.-Iever, that the basic design would
allow expansion as business expands and/or funds are available.
XIII.
COUNCIL DISCUSSION:
SIMUTIS asked about the status of the prison indus-
tries RFP. Garzini stated that it should be conplete sare tinE
in September.
GILLESPIE asked for an update on the Public Utilities
Carmission decision relative to cable television in Seward.
I
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I
7
PAGE 7
REGUIAR MEETING - AUGUST 25, 1986
VOLUME 22
Garzini stated that he did not have anything to report at this
meeting since official notification of the APUC's decision had
not yet been received by the City.
BOOHER requested that a letter be sent to the state
reaffirming the city's ccmnitnent to local hire at the prison
and asking for the state's schedule for recruiting, hiring and
training personnel for the facility. Gieseler instructed Murphy
to comply with this request.
GIESELER reminded everyone to vote in the State
Prirrary election scheduled for August 26.
XIV. CITIZENS' DISCUSSloo:
JOEL STEELMAN, 526 First Avenue, Seward, questioned
the city's decision regarding the prequalification of bidders
for the cradles and rails project, alleging that the city had
accepted letters of interest which were received after the
closing date. He also asked if Salzer was bonded to cover the
total project.
JIM PRUITT, Forest Acres, Seward, expressed some
confusion about who was designing the cradles and rails. He
also stated that he had heard that the operator of the shiplift
was $100,000 in arrears in its payrrents to the City.
JOHN BURNETT, representing Seward Cable Vision, stated
that his firm was awaiting final approval by the APUC for
operation of a cable TV service in Seward. Upon final approval
by the APOC, construction would begin.
"IN. COUNCIL AND ADMIN. RESPONSE ro CITIZENS' CCMo1ENTS:
GILLESPIE asked for a written report from the adminis-
tration regarding the shiplift facility and an explanation of
the alleged payrrent due the city by the operator of the ship-
lift.
"lNI. ADJOURNMENI':
The rreeting was adjourned at 10: 10 p.m.
?~e;.?
t .'~
\.'
1 ~ .
\~
,
f\
<; ,., :-;...:-!
". S" ..'~~~..l.,.~~~..~*-~g
,<7"'c OF p.\..\>- 1'":,4"
o-~~~77::m~
8
ALASKA RAILROAD/RESO:
(Reso. requesting add.
of Seward Resident to
Board & AS Amendment)
DOCKS & HARBORS/RESO:
(Requesting areawide
customs port of entry
status)
RECORDS & RETENTION/
RESO: (Authorizing
destruction of public
records)
I.
CALL ro ORDER:
The Septerrber 8, 1986, regular rreeting of the Seward
City Council was called to order at 7:30 p.m. by Mayor Harry E.
Gieseler.
II. OPENING CEREMJNY:
Councilrrember Hilton led the pledge of allegiance to
the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrrembers Booh-
er, Gillespie, Hilton, Meehan, Scholl
and Sirroltis
Present also: Deputy City Manager Schaeferrreyer, City
Attorney Arvidson and City Clerk Murphy
IV. APPROVAL OF MINUI'ES:
SIMUI'IS MJVED 'ID APPOCJ\lE THE AUGUST 25, 1986, MINUTES
AS WRITTEN; THE MJI'ION WAS SECONDED BY HIL'I'Cl'l AND CARRIED WITH
SIX "YES" VOI'ES AND SCHOLL ABSTAINING.
V.
AGENDA:
APPROVAL OF COOSENT CALENDAR AND REX;ULAR MEm'ING
SCHOLL MJVED ro MEET IN EXEOJI'IVE SESSION MlEDIATELY
FOLIaVING THE CLOSE OF REGUIAR BUSINESS IN ORDER 'ID DISCUSS
oo-GOING LITIGATION; THE MJI'ION WAS SECONDED BY MEEHAN AND
CARRIED UNANIM:XJSLY.
Gieseler requested the addition of Item No. 11 to the
Consent Calendar -- Approval of a change order to U.S.& A.
MEEHAN MJVED ro APPOCJ\lE THE REGUIAR MEETING AGENDA AS
PRESENTED AND '!HE CONSENT CALENDAR AS AMENDED; THE MJI'ION WAS
SECONDED BY SCHOLL AND CARRIED UNANIIDUSLY. The following
actions were taken:
1. Resolution No. 86-83, requesting the introduction
of legislation eliminating the requirerrent that one member of
the Alaska Railroad Board have railroad rranagerrent experience
and urging the G:Nernor to appoint a resident of Seward to the
Board was approved and filed;
2. Resolution No. 86-84, requesting areawide customs
port of entry status for a portion of the Kenai Peninsula was
approved and filed;
3. Resolution No. 86-85, authorizing the destruction
of certain public records was approved and filed;
I
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PAGE 9
REGUIAR MEm'ING - SEPTEMBER 8, 1986
VOUlME 22
4. Resolution No. 86-86, authorizing city participa-
tion in the PERS Retirerrent Incentive Program was approved and
filed;
5. HTGP&B invoices for legal services for July 1986
totalling $81,330.09 and August 15, 1986, invoice for legal
services relative to the Cavanaugh suit totalling $84.00 were
approved for payrrent and filed;
6. ABCB notification of an application for transfer
of a beverage dispensary license fran the Harbor Dinner Club
(Zentmire) to Harbor Dinner Club, Inc., was filed without
objection;
7. Change orders 13 ($481,127 for rrechanical re-
visions) and 15 ($680,000 for -differing site conditions claim)
to the Sanwhari contract for prison construction were noted for
information and filed;
8. Spring Creek Correctional Center progress report
for July as submitted by oor/PF Project Manager Marty Grossrran
was noted for information and filed;
9. Septenber 2, 1986, rrenorandum from Engineering
and Utilities Manager E. Paul Diener relative to special water
tests was noted for information and filed;
10. August 28, 1986, trip report as submitted by
Administrative Assistant Kerry Martin relative to his August
26-27, 1986 trip to prarote the custcms port of entry applica-
tion and the school bond issue was noted for information and
filed; and
PERSONNEL/RESO:
(Authorizing participa-
tion in PERS/RIP)
CITY ATTORNEY (07/86
legal services & 08/
15/86 legal services)
ABCB: (Transfer of liq.
license--Harbor Dinner
Club to Harbor Dinner
Club, Inc.)
CON- \ "i <J
PRISON: (Progress Re-
port)
11. Change Order No. 1 in an anDunt not to exceed CON-lcW:
$10,000 to the Utility Systems and Application contract to audit
city electric rreters was approved for payrrent and filed.
VI. BOROUGH ASSEMBLY REPORI':
Kenai
Jonathan Sewall
bly rreeting.
Peninsula Borough Assembly Representative
gave a verbal report of the last Borough Assem-
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
IX.
ORDINANCES AND RESOLUTlrnS:
A. Ordinances for Introduction:
PAGE 10
REGUIAR MEETING - SEPTEMBER 8, 1986
VOlllME 22
1. Copies having been rrade available to the
public, Gieseler noted by title only a proposed ordinance
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, LEVYING THE ASSESSMENTS
FOR THE SPECIAL IMPIDVEMENT DISTRICT DES-
IGNATED GATEWAY SUBDIVISION WATER TANK
ASSESSMENT DISTRICT NO. 86-5.
MEEHAN KJ\lE[) ro INTRODUCE PROPOSED ORDINANCE NO. 584;
THE ORDINANCE WAS SECONDED BY SCHOLL AND CARRIED WITH SIX "YES"
VOTES AND GILLESPIE ABSTAINING. Public hearing was scheduled
for September 22, 1986.
NOl'E: Gillespie is a principal in Gateway Ventures, sole owners
of the property being assessed.
B. Ordinances for Public Hearing and Enactrrent:
PEDDLERS/ORD: (Handbill 1. Copies having been rrade available to the
regulations approved) public, Gieseler noted by title only a proposed ordinance
entitled:
HOSPITAL/ORD: (City
employees allowed to
serve on Hospital
Board)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AMENDING CHAPTER 16 OF
THE SEWARD CITY CODE - PEDDLERS, SOLIClroRS,
EI'C. - BY ADDING PROVISIONS REGULATING THE
DISTRIBUTlrn OF HANDBILLS rn PUBLIC PROPER-
TY.
Notice of public hearing as posted and published by
law was noted and the public hearing was opened; no one appeared
in order to be heard and the public hearing was closed.
SIMUTIS MJ\1ED ro ENACl' ORDINANCE NO. 582; THE MJI'IOO
WAS SECrnDED BY SCHOLL AND CARRIED UNANIMJUSLY.
2. Copies having been rrade available to the
public, Gieseler noted by title only a proposed ordinance
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AMENDING SEx:Tlrn 2-55-
(a) .1 (a) OF THE CITY CXIDE REIATIVE ro THE
SEWARD CCM-1UNITY HOSPITAL BOARD.
Notice of public hearing as posted and published by
law was noted and the public hearing was opened.
KEITH CAMPBELL, 1910 Forget-Me-Not Circle, Administra-
tor of the Seward General Hospital, stated that the Hospital
Board had passed a resolution endorsing this particular ordi-
nance .
I
I
I
PAGE 11
REGUIAR MEETING - SEPTEMBER 8, 1986
VOUlME 22
No one else appeared in order to be heard and the
public hearing was closed.
HILTOO M:>VED ro ENACl' ORDINANCE NO. 583; THE MJI'Ioo
WAS SEXXJNDED BY SIMlJI'IS.
Scholl stated that he was pleased to see this ordi-
nance before the Council. He noted that city enployees have
rrany talents to offer and should be allowed to serve on the
Hospital Board.
THE QUESTION WAS CALLED AND THE ORDINANCE WAS APPROIlED
UNANIIDUSLY.
C. Resolutions:
x. UNFINISHED BUSINESS:
A. Gieseler noted that this item had been postponed
frcm the August 11, 1986, rreeting and that a notion for approval
of the proposed anendments to the zoning oode table of allowed
land uses (as anended at the August 11 rreeting) was on the
floor.
Scholl objected to "prohibited" uses and expressed
sorre concern that an individual having an idea for developrrent
could be told by the administration that the use was not permit-
ted without being inforrred that he could still carry his request
to the Planning Ccmnission. Schaefenreyer stated that the
administration routinely informs anyone seeking information or a
permit of all options open, including rezones, variances, etc.
Gillespie stated that he would be unable to support
the recormended anendments because the table is too restrictive
and allows too much "srrall town politics to take place".
Scholl again stated his dissatisfaction with the word
"prohibited". Schaefenreyer noted that prohibiting oertain uses
in certain areas is the basis and essence of zoning. He added
that the docurrent before the Council for approval was really
much broader in rrany respects than the current code and was an
attenpt by the Planning Corrrnission to rennve the subjectivity
present in the current oode.
Simutis and Meehan agreed that the proposed anendments
were necessary, stating that the City needs sorre guidelines for
developrrent. Booher added that, in corrparison, the proposed
anendments were a big irrproverrent over the current code. He
further stated that, should the need arise, the oode could be
further anended in the future.
THE QUESTION WAS CALLED AND THE MJI'ION PASSED WITH
FIVE "YES" VOI'ES AND GILLESPIE AND SCHOLL VOTING "NO".
11
ZONING: (Land Use Table
amendments recommended
for approval by KPB)
12
MARINA SUB: (Termination
of Pace lease upheld)
(See amendment, Pg.
14)
PAGE 12
REGUIAR MEETING - SEPTEMBER 8, 1986
VOLUME 22
B. Gieseler noted that the Council had taken no
action on Russ Paoe's appeal of the Council's earlier action to
terminate his lease of Lot 5, Block 1, Marina Subdivision, at
the tinE the appeal was presented to the Council on August 11,
1986. Gieseler noted that failure of the Council to take action
at this time would, in effect, uphold its original decision to
terminate the lease. No action was taken and the termination
continued in effect.
XI. NEW BUSINESS:
None
XII. CITY MANAGER REPORI'S:
None
XIII.
COUNCIL DISCUSSlOO:
BCX:>HER asked for an explanation of the causes of the
recent power outages. Diener explained that the nost recent
outage was caused by high winds in the Beluga area -- a tree had
hit one of Chugach Electric's lines. He noted that this was the
first power outage in the City since February.
SCHOLL asked for an update on the Senior Center
funding and the status of the sign he had requested for the
proposed site of the Center. Schaefenreyer stated that the
Legislature had reprograrmed the $190,000 in unused nonies from
the original grant for the Senior Center; however, this noney
had been frozen by the Governor along with all other grant funds
for municipalities. He added that the Council had identified
Tracts 2 and 3, Waterfront Tracts, as a possible site for the
Senior Center, }/>1AiilrA0/Wii1.r/J.itM;a#.i(JrA/'IM.~!t/KbtJfi/'r/4WrI.. Schaefer-
rreyer stated that the City is currently investigating the
possibility of purchasing and renovating the old post office
building as a site for a Conmmity Center and location for the
ITUlseum.
MEEHAN stated that he was happy to see that the City
had conducted the special water tests as a result of Willard
Dunham's comrents at the last rreeting and added that he was
pleased to see that the City's water is pure.
GIESELER noted that Murphy had been awarded the
designation "Certified Municipal Clerk" by the International
Institute of Municipal Clerks.
XIV. CITIZENS' DISCUSSION:
JIM PRUI'IT, Seward Ship's Chandlery, asked for a
breakdown of items being purchased from Seward Steelworks for
$40-60 Thousand. Gieseler stated that the Council would discuss
"" ':!
..LiJ
PAGE 13
REGULAR MEm'ING - SEPI'EMBER 8, 1986
VOLUME 22
I
that issue at its Septerrber 15 work session and invited Mr.
Pruitt to attend.
BOB LEARY, Mile 19.5, Seward Highway, asked several
questions concerning electrical power outages and the City's
generation system.
}N. COUNCIL AND ADMIN. RESPONSE ro CITIZENS' CCMMENTS:
None
XVI. ADJOURNMENT:
The rreeting was adjourned at 8:40 p.m. and, after a
,'u;;dl}3l?;rt recess, reconvened in executive session to discuss on-
.\.vYJ~ swg:,4tigation.
,j~~-J, ~;J:~\tJ;,,~t:; .;~;
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/j ,.....)::.:,. ~~~
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~~ ,j"l ~ "'" li.: J.~., . ,~~.'" I"
'./";;,,,,' "~~~~l)
I'.':~.'; ,:~~~~::---------------------------------------------------------
PAGE 13 REGUIAR MEE:I'ING - SEPTEMBER 22, 1986 VOilJME 22
/ ~~C-d~
, "ffqr'ry E. Gieseler
~yor
I. CALL ro ORDER:
The Septerrber 22, 1986, regular rreeting of the Seward
City Council was called to order at 7:35 p.m. by Mayor Harry E.
Gieseler.
II. OPENING CEREMJNY:
Council1rember Hilton led the pledge of allegiance to
the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrrerrbers Booh-
er, Gillespie, Hilton, Meehan, Scholl
and Simutis
Present also: City Manager Garzini, City Attorney Ar-
vidson and City Clerk Murphy
SPECIAL ITEMS:
I
A. Gieseler introduced Junior Councilrrerrber Robin
Wright and presented her with a City pin.
14
ORG.AT LARGE (RDC)/
RESO: (Welcoming
resolution)
SMIC/RESO: (Matching
funds approved)
SMIC/RESO: (Appropri-
ating funds to claims
contingency)
PAGE 14
REGUIAR MEETING - SEP'I'E}.1BER 22, 1986
VOlllME 22
B. Gieseler noted that Calptroller Robert Peirson
had received an award for excellence in accounting practices
frcm the Goverrurent Finance Officers Association. He presented
the GFOA plaque to Peirson and congratulated him on behalf of
the City.
C. Gieseler presented a $500 bonus to City Clerk
Murphy in recognition of her recent designation as Certified
Municipal Clerk.
IV. APPROVAL OF MINUTES:
Scholl asked that the September 8, 1986, minutes be
anended on Page 12 to reflect that the Council had taken prior
action designating Tracts 2 and 3, Waterfront Tracts, as a site
for the proposed Senior /Canmuni ty Center.
SIMlJI'IS M:>VED ro APPROVE THE SEPI'EM3ER 8, 1986,
MINUTES AS AMENDED; THE IDI'ICN WAS SE:C:nIDED BY HILTOO AND
CARRIED UNANIMJUSLY.
V.
AGENDA:
APPROVAL OF CONSENT CALENDAR AND REGULAR MEm'ING
SCHOLL MJVED ro MEET IN EXECUI'IVE SESSloo IMMEDIATELY
FOLLCWrNG THE CLOSE OF REGUIAR BUSINESS IN ORDER ro DISCUSS
ON-GOING LITIGATION; THE MJI'ICN WAS SE:C:nIDED BY BOOHER AND
CARRIED UNANIM:XJSLY.
Gieseler requested that Consent Calendar Item No. 8
(daily siren test) be nnved to the Regular Meeting Agenda as
Item No. XI (C) . He also asked that Bob M:>lloy, representing
Citizens for Fair Pay, be allowed to address the Council under
"Citizens' Discussion With Prior Notice" and that proposed
Resolution No. 86-90 be added to the agenda as Item No. IX(C)-
(1). Scholl requested the addition of Consent Calendar Item No.
15 -- request for encroachrrent as filed by Beverly Dunham.
MEEHAN MJVED ro APPROVE THE REGUIAR MEETING AGENDA AND
THE CONSENT CALENDAR AS AMENDED; THE IDI'ICN WAS SECONDED BY
SIMUTIS AND CARRIED UNANIIDUSLY. The following actions were
taken :
1. Resolution No. 86-87, welcoming the Resource
Developrrent Council of Alaska to Seward, was approved and filed;
2.
funds for the
filed;
Resolution No. 86-88, appropriating rratching
SMIC Rails and Cradles project, was approved and
3.
SMIC capital
and filed;
Resolution No. 86-89, appropriating funds to the
projects claims contingency account, was approved
I
I
I
PAGE 15
REGUlAR MEErING - SEPTEMBER 22, 1986
VOLUME 22
15
4. August 31, 1986, invoices frcm Baily and Mason C.ATTY: (Baily & Mason)
for legal services totalling $66.04 for utility application
preparations were approved and filed;
5. August 26, 1986, Finance DepartrrEnt's list of
accounts payable totalling $572 ,237.49, was approved for payrrent
and filed;
6. September 10, 1986, Finance Department's list of
accounts payable totalling $375,895.29, was approved for payrrent
and filed;
7. Claim for darrages to a personal vehicle totalling
$330.00 as filed by Michael L. Anderson, was approved for
payrrent and filed;
8. ~ed to Regular Meeting Agenda Item No. XI (C) ;
9. September 11, 1986, ABCB notification of an
application for a public convenience liquor license as filed by
the Fairweather Cafe was filed without objection;
10. Septerrber 11, 1986, ABCB notification of an
application for a restaurant designation as filed by the Fair-
weather Cafe was filed without objection;
11. Application for a permit for ganes of chance and
skill as filed by William H. Seward Elerrentary School was filed
without objection;
12. September 18, 1986, rrenorandum from Engineering
and utilities Manager E. Paul Diener recormending that the City
participate in the Railbelt Generation Feasibility Study for an
anDunt not to exceed $3,100 was noted and approved as recc:mIEnd-
ed;
13. September 18, 1986, rrenorandum from Administra-
tive Assistant Kerry Martin requesting an affirmative vote of
the Council reconrrending that the Borough approve a proposed
partial vacation of Cottonwood Avenue and the replat of the Ft.
Raynnnd Subdivision was noted and approved as recamended;
14. September 16, 1986, rrenorandum fran Administra-
tive Assistant Kerry Martin relative to the establishrrent of the
"Kenai Kaucus" to lobby for peninsula-wide issues was noted for
information and filed; and
15. September 19, 1986, rrenorandum from Engineering
and utilities Manager Diener recomrending Council approval of a
request for nonobjection to an encroachrrent of the structure
located at Fourth and Adams Street onto the city right-of-way on
Adams Street as filed by Beverly Dunham was noted and approved
as recorrmended.
ACCTS. PAYABLE: (Pay-
ment approved)
ACCTS. PAYABLE: (Pay-
ment approved)
CLAIMS FOR DAMAGES:
(Anderson claim appvd)
ABCB: (Fairweather
Cafe)
ABCB: (Fairweather
Cafe)
GAMES OF CR. & SKILL:
(Seward Elem. School)
ELECTRIC DEPT: (Par-
ticipation in Railbelt
Feasibility Study ap-
proved)
ROW VACATIONS/FT. RAY-
MOND SUB: (Cottonwood
Ave. vacation recom.
to KPB)
ENCROACHMENTS/OTS:
(Dunham request ap-
proved)
16
ASSESSMENTS: (Gtwy.
Sub. Water Tank As.
Dist. #86-5--Assmt.
levied)
PAGE 16
REGUIAR MEETING - SEPTEMBER 22, 1986
VOUlME 22
VI. BOROUGH ASSEMBLY REPORI':
Sewall was not present when this Agenda Item CaIre up;
his report was given later in the rreeting.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSlOO: (With prior notice only)
A. RICK NEWLAND, General Manager of Chugach Electric
Association, presented an overview of CEA' s mutual discussions
with the City regarding a possible rrerger of the tv.D utilities.
B. BOB M:>LLOY, representing "Citizens for Fair Pay"
urged the Council to pass proposed Resolution No. 86-90, oppos-
ing the salary cap initiative on the October 7 Borough ballot.
TAKEN OUT OF ORDER: Kenai Peninsula Borough Assembly
Representative Jonathan Sewall appeared before the Council and
gave a verbal report of the last Assembly rreeting. He also
urged the Council to support fulloy's resolution opposing the
salary cap. Sewall stated that much of the information
distributed by those sponsoring the ini tiati ve was distorted and
incorrect.
IX. ORDINANCES AND RESOLUTlOOS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and EnactrrEnt:
1.
public, Gieseler
entitled:
Copies having been rrade available to the
noted by title only a proposed ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, LEVYING THE ASSESSMENTS
FOR THE SPECIAL IMPROVEMENT DISTRICT DES-
IGNATED GATEWAY SUBDIVISION WATER TANK
ASSESSMENT DISTRICT NO. 86-5.
Notice of public hearing as posted and published by
law was noted and the public hearing was opened; no one appeared
in order to be heard and the public hearing was closed.
MEEHAN ffiVEI) ro ENACl' ORDINANCE NO. 584; THE MJI'ION
WAS SECONDED BY SIMUTIS AND CARRIED WITH SIX "YES" VOI'ES AND
GILLESPIE ABSTAINING.
C. Resolutions:
I
I
I
PAGE 17
REGUIAR MEETING - SEPI'EMBER 22, 1986
VOLUME 22
1. Copies having been rrade available to the
public and distributed to the Council prior to the start of the
rreeting, Gieseler noted by title only a proposed resolution
entitled:
A RESOLUTICN OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, IN OPPOSITloo ro THE
PROPOSED SALARY CAP FOR BOROUGH EMPLOYEES.
SCHOLL MOIlED TO APPROVE RESOLUTloo NO. 86-90; THE
IDI'ION WAS SECONDED BY BOOHER.
Booher stated that, while he agreed with both r-blloy
and Sewall that the initiative process was not the answer to
controlling borough salaries, he was concerned about the sal-
aries of borough enployees and urged the citizens group to
distribute accurate information about base salaries for borough
enployees. Scholl concurred.
THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANI-
MJUSLY.
X. UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
A. BOOHER ffiVEI) TO AUTHORIZE THE PURCHASE OF A
mE-TOO VEHICLE FOR THE HARBOR DEPARI'MENT FRCl>1 CAL IDRI'HINGroN
FORD FOR AN l\MOUNT NOr ro EXCEED $15,692.98; THE MJI'ICN WAS
SE:C:nIDED BY GILLESPIE AND CARRIED UNANIMJUSLY.
B. GILLESPIE MJVED ro FOLLCW THE CITY MANAGER'S
~ATION AND AWARD A COOTRACT ro ALASKA UNDERGOOUND
ELEx:TRIC/ZUBECK EXCAVATING, INC., FOR A TOI'AL AMJUNT Nor ro
EXCEED $270,000 FOR IDRK GROUPS 1, 2, AND 3; THE MJI'ION WAS
SECONDED BY MEEHAN.
Garzini explained that this would carplete the PCI
powerline construction project. In response to a question from
Gieseler, Diener stated that power outages and shut downs would
be scheduled to interfere as little as possible with businesses
and residential users. He noted that much of the work could be
perfonred "hot".
THE QUESTloo WAS CALLED AND THE MJI'ION PASSED UNANI-
MJUSLY.
C. Gieseler noted that he had requested that this
item (daily siren test) be pulled from the consent calendar. He
instructed the Clerk to schedule a public hearing for the
October 10 rreeting so that public corment could be considered
before the Council acted.
17
KPB/ELECTIONS/RESO:
(In opposition to
Salary cap initiative)
PURCHASING: (Auth.
purchase of truck
for Harbor)
TRANSMISSION LINE UP-
GRADE/CON-(9~: (Award
of contract for cleap-
up work)
18
PAGE 18
REGUlAR MEm'ING - SEPTEMBER 22, 1986
VOUlME 22
XII. CITY MANAGER REPORI'S:
Garzini introduced Susan Mahlum, an auditor with
Hendrix and Esslinger (city auditors). Mahlum stated that the
audit should be conplete and ready for presentation to the
Council by the end of October.
XIII.
COUNCIL DISCUSSION:
EO:>HER stated that he was glad to see representatives
of Chugach Electric here to discuss a possible rrerger with the
City.
SCHOlL noted a letter which he had written to Conmis-
sioner Pugh concerning cutbacks in services being delivered by
SLAC caused by a cutback in grant funds.
HILTON asked why the City had not gone forward with
its plans to post street signs throughout town. (He noted
several streets in Forest Acres which are not signed.) Garzini
explained that noney for this project was to have =re from
Federal Shared Revenue. However, those funds had been real-
located to the general fund to offset revenue shortfalls last
fiscal year. Hilton stated that unsigned streets represented a
potential safety hazard. Garzini stated that he would investi-
gate the cost of replacing missing signs and report back to the
Council.
GILLESPIE also stated that he was glad to see CEA
representatives in Seward. He added that, as the City grows,
the administration needs to continue to investigate a possible
sale or rrerger with CEA, keeping the best interests of the city
in mind.
GIESELER reminded everyone to vote in the upcaning
city and borough elections on October 7. He stated that absen-
tee ballots are available in the Clerk's office. He also noted
that two Navy vessels would be in town on Tuesday and urged the
city to rrake the sailors welcorre. In response to his question
concerning the placerrent of warning signs at the l.cMell Creek
Tunnel (site of the Hanson accident), Garzini stated that he had
met with Hanson's father twice and had recently given him the
city's proposed design for a "cure" for the area. He stated
that he was reluctant to start making changes in the area until
Hanson and the State's safety engineer have reviewed and ap-
proved the plans.
XIV. CITIZENS' DISCUSSION:
WII..LARD DUNHAM, Forest Acres, thanked the Council for
approving a resolution welccming the Resource Developrent
Council of Alaska to Seward. He also stated that the Trade
Board would be co-sponsoring (with the Chanber of Corrrrerce) a
seminar by Peter McDowell entitled "Seward's Next Marathon--The
19
PAGE 19
REGUIAR MEETING - SEPTEMBER 22, 1986
VOilJME 22
I
1990's" on October 23. He invited rrembers of the Council to get
involved with preparations for the seminar and developrrent of
the invitation list.
}N. COUNCIL AND ADMIN. RESPONSE ro CITIZENS' CCMMENTS:
MEEHAN noted that the September issue of the Alaska
Business MJnthly had contained an excellent article about Dale
Lindsey.
}NI. ADJOURNMENT:
The rreeting was adjourned at 9:20 p.m. and, after a
short recess, the Council reconvened in Executive Session to
discuss on-going litigation.
:.- S
j ,C~tYNi'-frk:
'~ . l., ..,J '}'
~~ (Cit}! ~:t.)k
~ "..~~~':tl: ,. ,,~\~'.'~";:: J.()
I ~~~ro;t~~~r-~;;;~-;;;;;-=-~;;;;;;-;;:-~;~~------;;~-;;
.", ?J'?n7rr:1".J
I. CALL ro ORDER:
The September 22, 1986, special rreeting of the Seward
City Council was called to order at 10:05 p.m. by Mayor Harry E.
Gieseler.
II. OPENING CEREMJNY:
Councilrrember Sinutis led the pledge of allegiance to
the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrrembers Booh-
er, Gillespie, Hilton, Meehan, Scholl
and Sinutis
Present also: City Manager Garzini, City Attorney Ar-
vidson, and City Clerk Murphy
IV. RESOWTIONS:
I
A. Copies having been rrade available to the public,
Gieseler noted by title only a proposed resolution entitled:
20
PAGE 20
SPECIAL MEETING - SEPTEMBER 22, 1986
VOUlME 22
LITIGATION/RESO:
(Authorizing settle-
ment agreement with
PCI)
A RESOlillloo OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING '!HE SETTLE-
MEN!' OF LITlGATICN WITH rovER CONSTRUCroRS,
INC.
MEEHAN ffiVEI) ro APPROIlE RESOWTION NO. 86-91; THE
IDI'Ioo WAS SEXXJNDED BY HIL'IDN AND CARRIED UNANIM:XJSLY.
V. CITIZENS' DISCUSSICN:
None
VI. COUNCIL & ADMIN. RESPOOSE ro CITIZENS' CCM1ENTS:
None
VII. ADJOURNMENT:
The rreeting was adjourned at 10:10 p.m.
~':::/ ~ ~A-"/1",A,
Hairy E7eseler
Mayor
Seal)
------------------------------------------------------------
SPECIAL MEm'ING - ccroBER 8, 1986
VOUlME 22
I. CALL ro ORDER:
The October 8, 1986, special rreeting of the Seward
City Council was called to order at 4:00 p.m. by Mayor Harry E.
Gieseler.
II. OPENING CEREMJNY:
the flag.
III. ROLL CALL:
Councilrrerrber Meehan led the pledge of allegiance to
Present were: Mayor Gieseler and Councilrrembers Booh-
er, Gillespie, Meehan and SiIrutis
(Councilnenbers Hilton and Scholl were
absent with Council consent)
Present also: City Clerk Murphy and Deputy City Clerk
Audette
I
I
I
PAGE 21
SPECIAL MEETING - cx:roBER 8, 1986
VOLUME 22
IV. APPROVAL OF SPECIAL MEm'ING AGENDA:
GILLESPIE M:>VED ro APPROVE THE SPECIAL MEETING AGENDA
AS PRESENTED; THE MJI'Ioo WAS SEXXJNDED BY MEEHAN AND CARRIED
UNANIIDUSLY.
V.
SPECIAL ITEM:
A. M.1rphy distributed a tally of the unofficial
results of the results of the Octd:ler 7, 1986, regular election.
She noted that a total of 592 ballots had been cast at the
polls. Five hundred eighty-five (585) ballots had been counted
by the election boards; the rerraining 7 ballots were questioned
ballots to be considered by the Canvass Board. Murphy also
displayed the tally sheets and the lists of those requesting and
receiving absentee ballots prior to the election.
Murphy distributed a list bearing the nanes of 37
electors who had requested absentee ballots by rrail and in
person. She noted that 3 of the rrailed ballots had not been
returned in tinE to be canvassed by the Board. She recorrm::mded
that the Canvass Board count the rerraining 34 ballots as cast by
the following voters:
PRECINCT NO. 1
PRECINCT NO. 2
ANDERSOO, Karen Elaine
ANDERSON, Susan K.
ANDERSOO, Valderrar C.
ANDERSOO, Vesta J.
BENCARDINO, Louis
BIATCHFORD, Edgar
~, Theodore J.
KAISER, Mary T.
W\I, Audra M.
NELSOO, Guy A.
OIlXW, Donald J.
O:r..r:x:w, Panela F.
SEIGEL, Richard F.
SNYDER, W::>odrow
WEA'I.'liERIrn, Gary
WERNER, G. H.
ACKERSON, Gary E.
ANDERSoo, Margaret A.
CAMPBELL, C. Keith
CAMPBELL, David J.
CAMPBELL, Jacqueline J.
CASAVOlA, John M.
CLEMENS, Joan L.
DIENER, Everett P.
DUNHAM, Beverly
DUNHAM, Willard E.
GILLESPIE, Annetta
HILroN, David L.
HCXXiLAND, Carol J.
PFLUM, Tinnthy M.
SCHOLL, Dennis M.
SINGLETON, Foster M.
WELCH, Doris J.
WILSON, Ty R.
BCXlHER MJVED ro ACCEPT THE CLERK'S RECCM'lENDATION ro
COUNT THE 34 ABSENTEE BALUJI'S; THE MJI'ION WAS SECOOOED BY MEEHAN
AND CARRIED UNANIMXJSLY.
tioned
tioned
appear
Murphy distributed a list of persons casting ques-
ballots on election day. She stated that the 7 ques-
ballots had been cast by voters whose nanes did not
on the precinct registration lists. She stated that of
21
ELECTIONS: (Three
Councilmembers e-
lected: Dunham,
Noll & Simutis)
22
PAGE 22
SPECIAL MEETING - cx:TOBER 8, 1986
VOLUME 22
the 7 questioned ballots cast, the following 5 were recamended
for rejection as follows:
PRECINCT NO. 2
CALLAHAN, Patrick T. -- Not registered in Seward
CIARK, Cathy -- Resides in Bear Creek
CIARK, Dennis W. -- Resides in Bear Creek
CWENS, Julie -- Not registered in Seward
WHITE, Dallas -- libt registered in Seward
BOOHER MJVED ro ACCEPT THE CLERK'S REC<M-1ENDATION ro
REJEx:T THE 5 QUESTIONED BALLOI'S; THE MJI'Ioo WAS SECONDED BY
GILLESPIE AND CARRIED UNANIIDUSLY.
Murphy recornrended that the Board count the rerra1lll.Ilg
2 questioned ballots as cast by the follOlNing electors:
PRECINCT NO. 2
KELSOE, Lawrence S. -- Registered in Precinct lib. 1,
voted in Precinct lib. 2
SEF'IDN, Karen -- Quitted from precinct register due to
carputer e=or .
MEEHAN ffiVEI) ro ACCEPT THE CLERK'S RECCMMENDATION TO
COONr THE 2 QUESTIONED BALLOI'S; THE IDI'Ioo WAS SECONDED BY
BOOHER AND CARRIED UNANIMJUSLY.
The absentee and questioned ballots were rennved from
their outer envelopes and shuffled by Mayor Gieseler. The 36
white envelopes were opened by Audette and the ballots ~re
rerroved by Gieseler. The ballots were read aloud by Gieseler
while Meehan and Booher tallied and Simutis and Gillespie
watched. The totals of the absentee and questioned ballots
counted ~re added to the totals of those ballots cast and
counted on October 7, 1986. Murphy read the results of the
corrbined totals as follows:
PRECINCT PRECINCT ABSENTEE/
NO. 1 NO. 2 QUESTIONED 'roTALS
COUNClil1EMBER
2-Year Term -- Three
to be elected
Raynnnd M. Burgess 183 70 15 268
Walter Christolear 94 37 7 138
Beverly Dunham 212 100 17 329
William C. libll 202 109 19 330
Leslie Sillutis 198 109 22 329
W. Dean Williams 122 67 11 200
WRITE- INS:
I
I
I
PAGE 23
SPECIAL MEETING - ccroBER 8, 1986
VOLUME 22
Boots Anderson
Edgar Blatchford
w. C. Casey
Keith Carrpbell
Don Holland
Mel Levan
Mike Rogers
Dennis Scholl
Bob Valdatta
Ken Werner
1
1
2
5
1
1
1
1
3
3
1
4
1
1
1
1
2
1
2
1
3
1
PROPOSITION NO. 1
(See Note BelOW')
YES
NO
182
200
301
307
98
92
21
15
TOI'AL VOI'ES CAST:
TOI'AL VOI'ES COUNTED:
37/7
34/2
629
621
392
392
200
193
NOI'E: Proposition No. 1 read as follows:
Shall Section 2.3 of the Charter of the
City of Seward, Alaska, be anended by the
addition of the following language?
Sec. 2.3. Persons ineligible for city
office or enployrrent.
(b) Persons enployed by the City rray not
serve on the City Council except for enployees
of public health facilities whose terms and
conditions of enployrrent are set by a citizen
board established by ordinance.
The Clerk stated that any defeated candidate or any 10
qualified voters =uld protest the election by filing a written
corrplaint with the City Clerk prior to 5:00 p.m., t-bnday,
October 13, 1986. She added that if no such protest was filed,
the City Council, at its regular rreeting of October 13, 1986,
v.Duld certify the election as valid and declare the results
official.
VI. COUNCIL DISCUSSION:
None
VII. CITIZENS' DISCUSSION:
None
VIII.
COUNCIL AND ADMIN. RESPONSE ro CITIZENS' CCM-1ENTS:
ELECTIONS/COUNCIL:
Proposition No. 1
clarifying charter
by stating that
city employees (ex-
cept hospital em-
ployees) may not
serve on the City
Council FAILED.
PAGE 24
SPECIAL MEm'ING - ccroBER 8, 1986
VOLUME 22
None
IX. ADJCXJRNMENT:
4:35 p.m.
~
~?AAA/7"'~
Harry E l.eseler
Mayor
I. CALL ro ORDER:
The October 13, 1986, regular rreeting of the Seward
City Council was called to order at 7:30 p.m. by Mayor Harry E.
Gieseler.
II. OPENING CEREM:NY:
Council.rrentJer Gillespie led the pledge of allegiance
to the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and CounciJ..rradJers Booh-
er, Gillespie, and Meehan (CouncilJrem-
bers Hilton, Scholl and Si.rn..1tis were
absent with Council consent) Note:
Hilton arrived at 7:50 and observed the
rerrainder of the meeting from the
audience.
Present also:
City Manager Garzini,
ager Schaeferrreyer
Murphy
Deputy City Man-
and City Clerk
IV. APPROVAL OF MINUTES:
BOOHER M:>VED ro APPROVE THE SEPI'EMBER 22 AND ccroBER
8, 1986, MINUTES AS WRITTEN; THE r-uI'ICN WAS SECOOOED BY MEEHAN
AND CARRIED UNANIM:>USLY.
SPECIAL ITEMS:
A. Copies having been rrade available to the public,
Gieseler noted by title only a resolution entitled:
I
I
PAGE 25
REGUIAR MEETING - OCTOBER 13, 1986
VOUlME 22
AN EMERGENCY RESOlillloo OF THE MAYOR OF THE
CITY OF SEWARD, ALASKA, DEClARING A STATE OF
DISASTER WITHIN THE CITY AND REQUESTING
ASSISTANCE FROO THE STATE OF ALASKA.
Gieseler noted that he had approved this errergency
resolution on Sunday, October 12, 1986, in accordance with
Section 7-3 (a) of the Seward City Code. He now asked that the
Council ratify the resolution.
MEEHAN ffiVEI) 'IO RATIFY RESOWTloo NO. 86-92; THE
MJI'Ioo WAS SECONDED BY l30ClIER AND CARRIED UNANIM:XJSLY.
Gillespie asked that the administration rrake every
effort to see that the public is rrade aware of the types of aid
available and the steps which must be taken to receive aid for
flood darrage. Garzini stated that the Arrerican Red Cross would
be establishing an errergency aid center in the baserrent of the
Fire Hall soon. In response to a question from Booher, Garzini
noted that public funds would be available for public repairs;
however, he v.Duld not know the type of aid available for the
general public until after the President has declared the
disaster.
B. BOOHER ffiVEI) ro CERTIFY THE ccroBER 7, 1986,
ELECTloo AS VALID AND ro DECIARE THE RESULTS ro BE OFFICIAL; THE
IDI'Ioo WAS SECONDED BY GILLESPIE AND CARRIED UNANIMJUSLY. (See
minutes of the October 8, 1986, special rreeting.)
C. Mu:rphy administered the oath of office to newly
elected Councilnembers Beverly Dunham and William C. (Bill)
Noll. Gillespie then stepped down from the dais; Dunham and
Noll took their places and thereafter participated in the
rerrainder of the rreeting.
Gieseler thanked Gillespie for his years of service to
the conmunity and apologized for the unavoidable delay in
hosting his retirerrent dinner.
V. APPROVAL OF CONSENT CALENDAR AND REGUIAR MEETING
AGENDA:
MEEHAN M:>VED ro APPROVE THE REGULAR MEETING AGENDA AS
PRESENTED; THE MJI'ION WAS SECONDED BY BOOHER AND CARRIED UNANI-
M:XJSLY.
VI. BOROUGH ASSEMBLY REPORT:
None
VII.
PUBLIC HEARINGS:
None
25
CIVIL DEFENSE/RESO:
(Emergency reso. pro-
claiming disaster)
ELECTIONS (Certified)
CITY COUNCIL (Oath
administered to
Dunham & Noll)
26
PAGE 26
REGUIAR MEETING - ccroBER 13, 1986
VOUlME 22
VIII.
CITIZENS' DISCUSSICN: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTICNS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enact:Jrent:
None
C. Resolutions:
None
X. UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
A. Garzini presented a brief status report on the
flood disaster. He stated that the errergency was now over and
that City crews had begun clean-up activities. Arrong the
activities noted were clearing of Lowell Point Ibad, rechannel-
ing Jap Creek and replacerrent of arnnr rock at Fourth of July.
Gieseler noted that the State Depart:lrent of Transportation and
Public Facilities estirrated that traffic on the Seward Highway
v.Duld be limited to one lane for at least 10-14 days and that
SanE weight restrictions might be irrposed.
In response to a question from Boarer, Garzini stated
that the Sewage Treatrrent Plant was over-topping due to the
influx of too much water and noted that DEC is currently working
with Loyd Welch to correct problems with the plant.
Garzini also noted that restoring access to the Old
Mill Subdivision was a number one priority. He stated that the
darrage to the rrain transmission line was located in Old Mill and
until crews could get to the line it would be irrpossible to put
the City back on Chugach power. He added that the City had been
on generator power since Friday afternoon.
In response to a question from Meehan, Garzini stated
that any cloudiness in City water was due to the heavy rainfall
and added that the water was fine for drinking. He also stated
that Loyd Welch had recovered from his injury and was doing
well.
I
I
I
27
PAGE 27
REGULAR MEETING - ccroBER 13, 1986
VOLUME 22
Garzini explained that roads in subdivisions outside
the City limits were a Borough concern. In answer to a question
frcm Noll, he stated that the City had received no report as yet
concerning access into Canelot Subdivision and reconstruction of
the road.
Noll stated that he had talked to Arnie Polenchak of
the Alaska Railroad and had been told that the Railroad was
concentrating its efforts north of Anchorage at this tinE and
planned to nove south of Anchorage (between Mile 21 and Seward)
when the northern stretch is carpleted. Polenchak estirrated
that the Railroad would be back in operation in 10-12 days.
Gieseler publicly thanked Frank Dieckgraeff, Afognak
Logging and Roger Long (AVTEC Food Service) for their efforts
during the errergency.
XII. CITY MANAGER REPORI'S:
None
XIII.
COUNCIL DISCUSSION:
None
XIV. CITIZENS' DISCUSSloo:
WALTER CHRISroLEAR, Apartrrent No.6, Brown
Apartrrents, congratulated Dunham, Noll and Sirmltis
recent election to the City Council.
& Hawkins
on their
xv. COUNCIL AND ADMIN. RESPONSE ro CITIZENS' CCMMENTS:
None
XVI. ADJOURNMENT:
The rreeting was adjourned at 8:05 p.m.
\
\:
, .: ~ 1:>'\. ~ -' : j;:
<' L
~ . .
. .
. -..... .
'. ,; " :
. G' ").~ .
\ ....:1t~ 1. t~.." ~,
~E' OF .~ \. ~3~~li'
~~tr;-:!J!fJYt"
'" l ~' .'_
28
C . COUNCIL : (Oath of
Office administered
to L. Simutis)
PAGE 28
REGULAR MEETING - ccroBER 27, 1986
VOLUME 22
I. CALL ro ORDER:
The October 27, 1986, regular rreeting of the Seward
City Council was called to order at 7: 30 p.m. by Mayor Harry E.
Gieseler.
II. OPENING CEREM)NY:
CounciJ..nEnber Noll led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Gieseler and COuncilrraubers B0o-
her, Dunham, Hilton, Meehan, Noll and
Sinutis
Present also: Deputy City M3.nager Schaeferneyer and
City Clerk Murphy
SPECIAL ITEMS:
A. Gieseler introduced Junior Councilrrauber Rina
Wilds and presented her with a City pin.
B. Murphy administered the oath of office to newly
re-elected Oouncilrrauber Leslie Sinutis.
IV. APPROVAL OF MINUTES:
SIMlJI'IS ffiVEI) ro APPROIlE THE ccroBER 13, 1986, MINUTES
AS WRITTEN; THE IDI'ICN WAS SEXXJNDED BY HILTON AND CARRIED
UNANIMJUSLY.
V. APPROVAL OF COOSENT CALENDAR & REGULAR MEETING ACEIDA:
Schaeferneyer requested the addition of a new Agenda
Item No. XI (B) -- Request for authorization for the City M3.nager
to approve contracts for engineering, equiprrent services and
construction services for flood recovery without following
normal bidding procedures.
Gieseler requested the addition of a new Agenda Item
No. VIII (B) -- Presentation by Ccmnissioner of Corrections Feger
Endel.
Meehan requested that Consent Calendar Item No. 7 --
Clerk's request for line item transfer to purchase new filing
equiprrent -- be added to the Regular Meeting Agenda Item No.
XI (C) for discussion.
BOOHER MJVED ro APPROVE THE REGUIAR MEETING AGENDA AND
THE COOSEm' CALENDAR AS AMENDED; THE MClI'ICN WAS SE:C:nIDED BY
SIMlJI'IS AND CARRIED UNANIMJUSLY. The following actions were
taken :
I
I
I
PAGE 29
REGUlAR MEETING - ccroBER 27, 1986
VOlllME 22
1. Resolution No. 86-93, commending the citizens of
Seward and others for their actions during the flood disaster,
was approved and filed;
2. August 1986 invoice from HTGP&B for legal ser-
vices totalling $64,882.46, was approved for payrrent and filed;
3. October 3, 1986, Finance DepartrrEnt' s list of
Accounts Payable totalling $1,115,408.28, was approved for
payrrent and filed;
4. Request for COI'C"pensation totalling $300 as filed
by Mayor Harry Gieseler for travel to Brerrerton, Washington,
September 30 - October 2, 1986, for the rraiden voyage of the USS
Alaska, was approved for payrrent and filed;
5. October 22, 1986, rrenorandum from Engineering and
Utilities Manager Diener requesting approval of Change Order No.
2 to the S & B contract for rreter reading, extending the con-
tract until June 30, 1987, was approved and filed;
6. October 10, 1986, rrenorandum from Administrative
Assistant Martin requesting authorization to proceed with
development of a lease with Brad Snowden for Lot 5, Block 1,
Marina Subdivision, was approved and filed;
7. r-bved to regular rreeting agenda for discussion;
8 . October 9 , 1986 , rrenorandtnn frcrn City Manager
Garzini requesting authorization to approve the termination of
the financial advisory relationship with Chemical Bank with the
stipulation that the City take exception to several of the firms
noted was approved and filed;
29
RESO/CIVIL DEFENSE:
(Commending citizens
for actions during
flood disaster)
C. ATTORNEY:
FINANCE DEPT:
(Accounts Payable)
C. COUl~C IL :
(Compensation)
CON- \ 3lo:
MARINA SUB:
(L5, Bl -- Proceed
w/dev. of lease w/
Brad Snowden)
CON-J19...jMIC:
(Termination of Chern.
Bank contract)
9. Seward General Hospital Financial Statements and HOSPITAL:
Audit for the year ending June 30, 1986, was noted for informa-
tion and filed;
10. October 7, 1986, letter from the Seward Chanber
of Commerce listing the membership's capital project priorities
was noted for information and filed;
11. October 14, 1986, rrenorandum from Fire Chief John
Gage regarding Fire Department activities for July, August and
September, 1986, was noted for information and filed;
12. Proclarration designating Voice of Denncracy Week
in Seward as requested by the VFW was noted for information and
filed;
13. Change Order No. 17 to the Sarrwhan contract for
prison construction increasing the contract by $239,500, for
revised work on the entry road and parking lot was noted for
information and filed; and
C:otV - 15'1
-
30
PUBLIC HEARINGS:
(Noon siren)
PRISON: (Update by
M. Grossman)
PRISON: (Update by
R. Endel)
PAGE 30
REGUIAR MEETING - ccroBER 27, 1986
VOLUME 22
14. October 13, 1986, status report on prison con-
struction for the nonth of September 1986 as filed by Marty
Grossrran, oor/PF, was noted for information and filed.
VI. BOROUGH ASSEMBLY REPORI':
Kenai Peninsula Borough
Jonathan Sewall was not present and no
Assembly Representative
report was given.
VII. PUBLIC HFARINGS:
A. Notice of public hearing as posted and published
by law regarding the proposed elimination of the daily Noon
siren test was noted and the public hearing was opened; no one
appeared in order to be heard and the public hearing was closed.
VIII.
CITIZENS' DISCUSSlOO: (With prior notice only)
A. MARrY GROSSMAN, Departrrent of Transportation and
Public Facilities Project Manager for the =nstruction of the
Spring Creek Correctional Center, presented a status report on
construction of the prison and minimal darrage sustained during
the flood disaster.
B. RCGER ENDEL, Corrmissioner of Corrections, in-
troduced several people frcm his office including the Superin-
tendent of the new prison facility Tom Laney, Director of
Construction Managerrent Unit Vickie Williams, Prison Industries
Head Wes Milton and Special Assistant Jana Barrati. Endel noted
that the new facility will need an experienced managerrent staff
but promised that all others will be recruited locally. He
indicated that the entire staff for the new facility v.Duld be
trained as a unit at the DepartrrEnt's training academy at Goose
Bay. Endel also stated that =nstruction of the facility would
be completed by mid-October 1987, at which tinE it would be open
to tours by students and the ccmnuni ty . Inrrates v.Duld then be
introduced into the facility over a several week period.
IX. ORDINANCES AND RESOWTlOOS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and EnactrrEnt:
None
C. Resolutions:
1.
public, Gieseler
entitled:
Copies having been rrade available to the
noted by title only a proposed resolution
I
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PAGE 31
REGUIAR MEm'ING - ccroBER 27, 1986
VOUlME 22
A RESOWTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING THE TRANSFER
OF FUNDS FROM COUNCIL CONTINGENCY AND
APPROPRIATloo FRCM THE GENERAL FUND FUND
BALANCE FOR UPGRADING CITY'S PROMJI'IONAL
MATERIALS .
SIMlJI'IS ffiVEI) ro APPROVE RESOWTloo NO. 86-94; THE
MJI'ION WAS SEXXJNDED BY HILroN.
Meehan stated that while there was a great deal of
rrerit in the request as presented, this should have been brought
to the Council at budget tinE and requested that this be delayed
until work begins on the FY 1988 budget. Sirrutis disagreed
stating that she could think of no better way to spend the
City's noney than on City prorrotion, adding that the potential
return in dollars justified the expenditure. Dunham also
cautioned that a delay beyond the first of the year could see a
rise in rates from the printing houses. Gieseler agreed with
Sirrutis and stated that the City needs to show that it is
looking towards the future. Meehan stated that he agreed that
the purchase of prorrotional rraterials was irrportant but could
wait until the next budget year. In response to a question from
Hilton, Administrative Assistant Kerry Martin stated that he did
not yet have a design for the new brochures but would get what
he could for the $10,000 budgeted.
THE QUESTloo WAS CALLED AND THE IDI'ION PASSED WITH
DUNHAM, GIESELER, HILTON AND SIMUTIS VOTING "YES" AND BOOHER,
MEEHAN AND NOLL VOTING "NO".
2. Copies having been rrade available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOlillION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING THE APPROPRI-
ATION" OF FUNDS FROM THE GENERAL FUND FUND
BALANCE ro THE CCM1UNITY DEVELOPMENT BUDGET
FOR PROFFSSlOOAL SERVICES REGARDING THE
DEVELOPMENr OF AN APPLICATION PACKEr FOR AN
AREA WIDE CUS'I'a-1S PORI' OF ENTRY STATUS FOR
THE KENAI PENINSUIA.
HILTON M:>VED ro APPROVE RESOWTION NO. 86-95; THE
MJI'ION WAS SECONDED BY SIMlJI'IS.
Meehan noted that the City of Honer had agreed to pay
the $2500 bonus to Gronewa1d if the application is approved and
asked if any other city in the borough had agreed to help
finance this project. Garzini stated that the only other area
(besides Seward) which would benefit from the customs port
designation v.Duld be Nikiski which did not have a local govern-
ing body. He noted, however, that the Nikiski Chamber of
Ccmrerce had agreed to lobby for the designation in any way that
31
RESO/BUDGET/COM.DEV:
(Transfer of funds
for upgrade of city
promotional materials
RESO/DOCKS & HARBORS:
(Funding for Customs
Port of Entry App.)
~2
CIVIL DEFENSE:
(Daily Noon Siren
test eliminated --
Siren to be sounded
Noon on Fridays &
in case of emergency)
C. COUNCIL:
(Meehan named Vice
Mayor)
CIVIL DEFENSE:
(Flood Disaster
Auth. to approve
contracts for flood
recovery w/o foil.
normal bid procedures)
PAGE 32
REGUIAR MEETING - ccroBER 27, 1986
VOUlME 22
it could. He also stated that Borough Mayor Stan Thonpson had
provided typing services and had agreed to travel to Los Angeles
to help prorrote the application. Noll suggested that the fee
for developrent of the application should be paid by the private
sector. Garzini noted that the City of Seward v.Duld benefit
even if it sponsored the application alone.
THE QUESTION WAS CALLED AND THE IDI'ION CARRIED UNANI-
MX1SLY.
X. UNFINISHED BUSINESS:
A. BOJHER M:lVED ro APPROVE THE ADMINISTRATloo 'S
RECaiJMENDATloo ro ELIMINATE THE DAILY NOON SIREN AND THAT IT BE
SOUNDED ON FRIDAYS AT N)()N AND AT NO OI'HER TIME EXCEPT IN CASE
OF AN EMERGENCY; THE MJI'Ioo WAS SECONDED BY SIMlJI'IS.
Gieseler noted that included in Council packets were
letters frcm George Peck, Carol Griswold and several Police
Dispatchers reccmrending elimination of the siren test and one
letter from Megs Testarmata in opposition to the elimination of
the siren test. He also noted that he had received cornrents
from the public both "pro" and "con". Booher stated that he too
had received mixed corrm:mts based nostly on where the cornrenter
resided or worked. Si.rnJ.tis noted that sorre wished to retain the
daily siren test because of "tradition" but stated that this was
not reason enough to continue a daily loud noise. Meehan
agreed, stating that the church bells at the Catholic Church
were a nuch nicer tradition. Dunham stated that she worked in
close proximity to the siren and was not bothered by it and
objected to eliminating it.
THE QUESTION WAS CALLED AND THE MJI'ION CARRIED WITH
FIVE "YES" VOI'ES AND DUNHAM AND GIESELER vorING "NO".
XI. NEW BUSINESS:
A. SIMUTIS M:>VED ro APPOINT MICHAEL MEEHAN AS VICE
MAYOR OF COUNCIL; THE MJI'Irn WAS SE:C:nIDED BY BOOHER.
NOLL ffiVEI) THAT THE NClMINATlrnS BE CLOSED AND A
UNANIMX1S BALLor BE CAST FOR MEEHAN; THE MJI'ION WAS SECONDED BY
HILTON. There being no objection, Meehan was declared Vice
Mayor of Council.
Gieseler asked the Personnel Cornnittee to review the
Attorney I s performance and report back to the full Council. he
also asked the MIC Corrmi ttee to rreet with Schaefenreyer and
Steelrran to iron out problems at the shiplift.
B. HILTON M:>VED ro AUTHORIZE THE CITY MANAGER ro
APPROVE CONTRACTS FOR ENGINEERING, EX,2UIPMENT SERVICES AND
CONSTRUCTION SERVICES FOR FlJX)[) RECOVERY WITHour FOLI.aITNG
NORMAL BIDDING PROCEDURES; THE IDI'ION WAS SE:C:nIDED BY SIMlJI'IS.
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PAGE 33
REGULAR MEETING - ccroBER 27, 1986
VOUlME 22
Schaefenreyer noted that the City has been involved
since the flood in recovery operations. Under the latitude
allowed in the Code, the administration was now seeking Council
approval to negotiate small contracts with local qualified firms
to do certain work which was beyond the capabilities of City
crews. He noted that none of the contracts should exceed
$10,000 in size and v.Duld be part of the doet.nrented recovery
effort which would be eligible for reimburserrent from state and
federal sources. Schaefenreyer stated that once costs are
tabulated, all contracts will be presented to the Council for
ratification.
THE QUESTION WAS CALLED AND THE MJI'ION PASSED UNANI-
I>UJSLY.
C. MEEHAN M:>VED ro APPROVE THE CLERK'S REl;2UEST FOR A
LINE ITEM TRANSFER 'roTALLING $4500 FROO THE COUNCIL CONTINGENCY
FUND FOR '!HE PURCHASE OF FILING EQUIPMENT AND SUPPLIES; THE
MJI'ION WAS SOCOOOED BY HIL'IDN.
Meehan stated that he was not opposed to the purchase
of the equiprent and did not dispute its need but felt that this
was another item which should have carre before the Council at
budget tinE. Murphy explained that noney for the equiprent had
been included in the FY 1986 budget, but the purchase was not
allowed because of a budget "freeze" when the City experienced
State and Federal revenue sharing shortfalls. She added that it
had been included in her departrrEnt' s initial budget request but
had been cut before the budget reached Council. Booher objected
to approving a transfer frcm the Contingency Fund, stating that
this noney should be reserved for errergencies. Sinutis
concurred with Booher.
THE QUESTION WAS CALLED AND THE MJI'ION FAILED WITH SIX
"NO" VOI'ES AND HIL'IDN VarING "YES".
XII. CITY MANAGER REPORI'S:
Schaefenreyer noted that the President had signed the
federal declaration of disaster earlier in the day. He pro-
ceeded with a status report on flood recovery.
XIII.
COUNCIL DISCUSSION:
HILroN stated that both Martin's request for prorro-
tional materials and Murphy's request for filing equiprent were
justified. He stated that the Clerk is an enployee of the
Council and should be given the equiprent she needs to do her
job. He urged the Council to reconsider its action denying her
request for new equiprent.
DUNHAM stated that the City should publicly thank
Karen Swartz for her persistence in seeing that the Lowell Creek
'funnel was repaired prior to the flood.
34
PAGE 34
REX:;ULAR MEm'ING - ccroBER 27, 1986
VOUlME 22
MEEHAN asked about the status of the City's E1rergency
Preparedness Plan (EPP). Schaefenreyer stated that Fire Chief
John Gage was preparing a report on the recent flood disaster
and would be suggesting sane nndifications to the EPP. He added
that overall the plan functioned very well.
GIESELER noted that Resolution No. 86-93 (Consent
Calendar Item No.1), thanking nemhers of the ccmnunity for
their help and cooperation during the disaster, had passed. He
asked the newspaper to print the resolution in its entirety in
the next issue. He then asked if the Police were enforcing
illegal parking in "handicap" zones. Police Chief Bencardino
stated that he would look into it. In response to Gieseler's
question concerning the status of 'IV Channel 9, Diener stated
that City crews would be taking a helicopter up to check the
transmitter in the next couple of days. In response to his
question concerning the status of cable 'IV, Dunham stated that
the application had been sent back to the APUC and that it would
probably be another nonth before a decision is made. Gieseler
also asked about the status of the Small Boat Harbor parking
plan. Schaefenneyer noted that this item would be before the
Planning Conrnission for public hearing in December. Gieseler
asked for a budget update frcm the Administration. Garzini
stated that any councilmember could obtain a report on a nonthly
basis on request but suggested that they wait until mid-year to
review .
XIV. CITIZENS' DISCUSSION:
JOHN GlASSER, Woodland Hills Subdivision, stated that
KRXA Radio deserved a comrendation for the part it played during
the flood disaster in keeping the conm..mity infonred. He also
objected the Council's actions in eliminating the daily Noon
siren test, stating that he finds the noon whistle charming.
Glasser also suggested that the City permanently fill and pave
the shoulder at the intersection of Fifth and Madison (Post
Office corner).
CINDY MILLER, Woodland Hills Estates, asked for an
explanation of the City's part in hiring flagrren and pilot car
operators to replace the National Guard following the flood.
She stated that Job Services had indicated that these positions
were filled through the City.
YN. COUNCIL AND ADMIN. RESPONSE ro CITIZENS' CG1MENTS:
SCHAEFERMEYER stated that the positions in question
were DOT /PF hires and added that the only participation by the
City was a suggestion by E1rergency Operations Center (EX:lC)
personnel that DOT/PF hire individuals who had been directly
affected by the flood. He stressed that these were not "City
hires" and were not on the City payroll. Garzini added that EOC
had attenpted to contact DepartrrEnt of Labor when first ap-
proached by Keith r-brehead (DOT/PF) on Friday, ~tober 17, a
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PAGE 35
REGUIAR MEETING - ccroBER 27, 1986
VOUlME 22
State holiday; however, that :occ had been unsuccessful in this
attenpt. :occ then helped to develop a list of 9-10 people who
had been irrpacted by the flood. Of these, ror/PF hired seven
individuals. Garzini further noted that the :occ was a joint
Borough/City venture. He also stated that he had contacted
Departn'lOmt of Labor officials over the weekend, explaining the
:OCC's involverrent and turning the project over to DOL.
NOLL stated that he had visited the :occ several tinEs
during the disaster and its aftermath and had found it to be a
busy and hard working place. He stated that if this was a
"turf" problem, he had no tinE for it. If, however, it was a
"favoritism" problem, that issue should be addressed.
DUNHAM stated that in the past, the public had per-
ceived that relatives and friends of City enployees got the con-
tracts, jobs, etc. and added that this reaction by the public
and Job Services was a reflection of past actions by the City.
MEEHAN noted that he had brought this up earlier
because of the public concern which had been created, adding
that he did not intend to "point a finger" at anyone in the :occ.
He suggested that this be addressed in the Einergency Prepared-
ness Plan so that there v.Duld be a procedure to follow if this
situation arises again.
PAT WILLIAMS, Seward resident, stated that several of
those hired by cleanup crews had originally arrived on the scene
as volunteers and were then paid for their services. She stated
that Seward had done a wonderful job of responding to the
errergency.
HIL'IDN asked if there were any plans currently to
rechannel Jap Creek. Diener explained that the rreans were not
available at the present tinE but rechanneling the creek and
building dikes should be done as soon as possible. Schaefer-
rreyer stated that serious rechanneling and dike-building were
needed at Fourth of July Creek, Spruce Creek and Jap Creek.
XVI. ADJOURNMENT:
The rreeting was adjourned at 10: 15 p.m.
PROCLAMATIONS:
(Recognizing com-
munity service
during 1986 Flood
Disaster)
PAGE 36
REGULAR MEETING - NOVEMBER 10, 1986
VOUlME 22
I. CALL 'ID ORDER:
The Noverrber 10, 1986, regular rreeting of the Seward
City Council was called to order at 7:30 p.m. by Mayor Harry E.
Gieseler.
II. OPENING CEREMJNY:
the flag.
Councilrrember Hilton led the pledge of allegiance to
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrrembers B0o-
her, Dunham, Hilton and Sirmltis (Coun-
cilrrembers Meehan and Noll were absent
with Council consent.)
Present also: Deputy City Manager Schaefermeyer, City
Attorney Arvidson and Deputy City Clerk
Audette
SPECIAL ITEMS:
A. Gieseler introduced Junior Councilrrember Becky
Arends and presented her with a City pin.
B. Gieseler presented City of Seward Proclamations
to the following citizens and groups to recognize their out-
standing cornrnmity service during the October 1986 flood disas-
ter: Frank Dieckgraff, Metco, Inc.; Roger Long, AVI'EC; Steve
Schafer, Afognak Logging; Paul Diener, City of Seward Public
Works Depa.rtIrent and Engineering administrative staff; Oscar
Watsjold, Fire Departrrent and volunteer firanen; Lyrran Nichols;
Ludwig Pfleger, Harbor Air; David Headley, KRXA; Chief of Police
Bencardino, Seward Police Departrrent; Roger Sarrpson, Seward
Schools; Peninsula Ford; Arrerican Red Cross and the Salvation
Amy.
IV. APPROVAL OF MINUTES:
BCDHER M:>VED ro APPROVE THE ccroBER 27, 1986, MINUTES
AS WRITTEN; THE MJI'Ioo WAS SEXXJNDED BY HIL'IDN AND CARRIED
UNANIM:>USLY.
V. APPROVAL OF CONSENT CALENDAR & REGUIAR MEETING AGENDA:
At the request of Arvidson, HIL'IDN MOIlED ro MEm' IN
EXECUTIVE SESSION IMMEDIATELY FOLIrnING THE CLOOE OF REGULAR
BUSINESS IN ORDER ro DISCUSS THE DARLING IAWSUIT AND CIO\ILEY
CrnSTRUC'roRS, INC., LITIGATION; THE MJI'Irn WAS SECOODED BY
SIMUTIS AND CARRIED UNANIIDUSLY.
PAGE 37
REGUIAR MEEI'ING - NOVEMBER 10, 1986
VOUlME 22
I
Booher requested that Consent Calendar Item No.
(proposed Resolution No. 86-97, adopting forms and regulations
for the granting of business permits for use of the SMIC ship
lift) be noved to the regular agenda as Item No. IX(C) (1).
HILTON ffiVEI) ro APProVE THE REGUIAR MEm'ING AGENDA AND
THE CONSENT CALENDAR AS AMENDED; THE MJI'ION WAS SECONDED BY
BOOHER AND CARRIED UNANIM:XJSLY. The following actions were
taken:
1.
Resolution No. 86-96, =rmending the 1898th CSAC
for its part in rreeting the emergency needs of
the city, was approved and filed;
2. M:Jved to Regular Meeting Agenda Item No.
IX(C) (1);
3.
Resolution No. 86-98, authorizing the purchase of
power poles for inventory without full uti-
lization of the City bid procedures, was approved
and filed;
4.
HTGP&B invoice for legal services rendered in
September 1986 totalling $57,196.79 was approved
for payrrent and filed;
I
5.
Change order No. 2 to the City Electric =ntract
for construction of the Spring Creek substation
to increase the contract anDunt by $2,863.82 was
noted for information and filed;
6. October 31, 1986, trip report as submitted by
Harbormaster Singleton on a trip to the Genstar
shipyard was noted for information and filed; and
7.
Proclamation designating November 1986 as Elks
Veterans Rerrembrance M:>nth was noted for informa-
tion and filed.
VI. BOROUGH ASSEMBLY REPORI':
Sewall was not present when this Agenda Item CaIre up;
his report was given later in the rreeting.
VII. PUBLIC HEARINGS:
None.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
I
A. MARIE GAGE, LeMell Canyon, Seward, appeared
before Council and presented copies of an advisory petition
containing 752 signatures requesting that the Council reconsider
its vote to discontinue the daily noon siren. Oscar Watsjo1d,
37
RESO/CIVIL DEFENSE:
(Commending CSAC
for actions during
flood disaster)
RESO/PURCHASING:
(Power poles for
inventory)
C. ATTORNEY:
(HTGP&B)
CON-l75"
PROCLAMATION:
(Elks Veterans
Remembrance Month-
November 1986)
38
RESO/ SHIPLIFT:
(Use Permit form
& Terminal Tariff
for Shiplift/MIC)
PAGE 38
REGUIAR MEEI'ING - NOVEMBER 10, 1986
VOLUME 2 2
Second Avenue and Jefferson Street, Seward, also appeared before
Council and stated that during his rrany years as Seward Fire
Chief that the Fire DepartrrEnt and the volunteers had never
confused the noon siren with the fire siren. Gieseler stated
that he would prefer to consider the request when a full Council
was present.
B. CINDY MILLER, Nash Road, appeared before Council
to request that the City of Seward's planned bikepath be given a
high priority on the Capital Improverrent Project List. Noted
for information in support of the request were letters frcm the
Seward Federated VK>manS Chili, Seward Mothershare, lditarod Trail
Blazers, Seward 4-H Club, Seward Little League Association, and
Seward Nordic Ski Club. Miller also noted that the Seward
Chamber of Cormerce placed the bikepath second on its list of
capital irrproverrent priorities. Gieseler thanked Ms. Miller for
coming forward and suggested that Ms. Miller contact the Seward
Parks and Recreation Director with the request since it would
fall under that departrrEnt's projects list.
TAKEN our OF ORDER: Kenai Peninsula Borough Assembly Represen-
tati ve Jonathan Sewall appeared before the Council and gave a
verbal report of the October 18, 1986, Borough Assembly rreeting.
Sewall also inforrred the Council that the next Assembly rreeting
would be held in Seward at the High School on Noverrber 18, 1986.
IX. ORDINANCES AND RESOWTlooS:
A. Ordinances for Introduction:
B. Ordinances for Public Hearing and Enactnent:
C. Resolutions:
1.
public, Gieseler
entitled:
Copies having been rrade available to the
noted by title only a proposed resolution
A RESOLUTloo OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, ADOPTING FORMS AND
REGUIATIONS FOR THE USE OF THE SEWARD MARINE
INDUSTRIAL CENTER SHIPLIFT FACILITY.
HILTON ffiVEI) ro APPROVE RESOLUTlOO NO. 86-97; THE
MJI'IOO WAS SECONDED BY SIMlJI'IS.
Gieseler noted a November 4, 1986, rrenorandum from the
City Attorney outlining the history of the development of a
system for operating the shiplift at the Marine Industrial
Center. Copies were distributed to Council of a Shiplift
Platform Interim Use Permit form and a Terminal Tariff, includ-
ing rules, charges and regulations for the ship lift platform.
Schaefenreyer explained that the Permit was formulated from the
present lease agreerrent for use of the shiplift platform.
I
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PAGE 39
REGUIAR MEETING - NOVEMBER 10, 1986
VOLUME 22;
THE QUESTION WAS CALLED AND THE IDI'Ioo PASSED UNANI-
M:>USLY.
RECESS: The rreeting was recessed at 8: 20 p.m. and reconvened at
8:30 p.m.
X. UNFINISHED BUSINESS:
A. At the request of Gieseler, Arvidson clarified
the outcorre of the defeat of Proposition Number One regarding
persons ineligible for city office or enployrrent which appeared
on the ballot of October 8, 1986. Arvidson explained that the
question on the ballot stated "Shall ... the charter ... be
anended by the addition of the following language?". The defeat
of that proposition rreant that the rrajority of the voters did
not want "the following language" added to the Charter. It did
not rrean that Councillrernber Hilton had to step down from his
position on Council; it did not rrean that a hospital employee
could not run for Councilor be seated once elected. Arvidson
further explained that the defeat of the proposition leaves the
Charter unchanged.
XI. NEW BUSINESS:
A. Gieseler noted an October 28, 1986, letter from
Linda Toskey, Secretary, Seward General Hospital Association,
Inc., recomrrending three individuals for the three vacant
positions on the Corrmunity Hospital Board.
BCOHER ffiVEI) TO APPOINT AL !AMBERSON, PAUL DIENER AND
CHARLES FULTZ ro THE VACJ>Nr POSITIONS, WITH 3-YEAR TERMS, ON THE
COMMUNITY HOSPITAL BOARD; THE M)I'ION WAS SECrnnED BY SIMUTIS AND
CARRIED vnTH HILroN ABSTAINING. (Hilton is currently employed
by the Seward General Hospital.)
B. At the request of Gieseler, Arvidson reported on
the process relating to the award of a contract for the de-
sign/build of the Spring Creek Wastewater TreatrrEnt Utility.
Arvidson explained that only one proposal was received and it
was alnnst twice the project's estimated budget.
Following the City Attorney's recamendation, GIESELER
MJVED ro REJECT THE ONLY PROPOOAL RECEIVED FOR THE DESIGN/BUIID
CONTRACI' FOR THE SPRING CREEK WASTEWATER TREATMENI' UTILITY; PAY
A $5,000 HOOORARIUM ro 'IHE PROPOOER; AND, PROCEED FORWARD WITH A
POOFESSlOOAL SERVICES AGREEMENI' FOR A DESIGN AND PREPARE CON-
TRACI' DOCUMENTS FOR THE WASTEWATER TREATMENT PLAN!'. THE MJI'ION
WAS SEXXJNDED BY BCOHER AND CARRIED UNANIMJUSLY.
C. Gieseler explained that he had requested this
item be placed on the agenda for discussion to inform the
Council that the U. S. Navy would no longer dock its ships in
Seward unless the rate structure was changed. A Navy spokesman
had reported to him that the last two Navy ships were charged
$6,000 by the LL.W.U. for tie-up fees and that the Navy
COMMUNITY HOSPITAL
BOARD:
(Atty opinion re
defeat of Prop.#l)
COMMUNITY HOSPITAL
BOARD:
(Appointment of 3
members for 3-year
terms--Lamberson,
Fultz, Diener)
ILWU/OPEN DOCK
ENCROACHMENT:
(1st Video
request for
marquee encroach-
ment granted)
PAGE 40
REGUIAR MEETING - NOVEMBER 10, 1986
VOUlME 2 2
considered that charge exorbitant. Gieseler announced that he
would be rreeting with representatives from I.L.W.U. and other
interested parties upon his return frcm the Alaska Municipal
League conference in Juneau.
D. Gieseler noted a Noverrber 7, 1986, rrenorandum
frcm Paul Diener, Manager of Engineering and utili ties, recom-
mending the Council grant permission to Gene Bradley to encroach
on a public right-of-way to build a rrarquee onto her video
store.
Following a short discussion, SIMUTIS ffiVEI) ro GRANT
PERMISSION ro GENE BRADLEY ro BUILD THE MARQUEE IN THE PUBLIC
RIGHT-OF-WAY AS PROPOSED IN HER DIAGRAM, WITH THE UNDERSTANDING
'!HAT THE MARQUEE WILL BE COOSTRUCTED AND EXIST WITHOOT LIABILITY
ON THE PARI' OF THE CITY AND IS THE SOLE RESPCNSIBILITY AND
LIABILITY OF GENE BRADLEY, HER SUCCESSORS OR ASSIGNS. THE
MJI'Ioo WAS SECONDED BY BOOHER AND CARRIED UNANIIDUSLY.
XII. CITY MANAGER REPORI'S:
Paul Diener, Manager of Engineering and Utilities,
reported on the October 1986 flood darrage to public facilities
in the Seward area. He outlined the repair rreasures undertaken
by the city, state and federal governrrents.
XIII.
COUNCIL DISCUSSION:
BOOHER reported that Keith Carrphell, Seward General
Hospital Administrator, offered to provide a tour of the health
facilities for Councilmernbers.
GIESELER instructed Audette to place the subject of
the noon siren on the next Council agenda. Gieseler also
announced that an Admiral with the U. S. Coast Guard would be in
Seward November 18th to ccxmarorate the retirerrent of the Cape
Jellison and encouraged citizens to stop down at the vessel
between 9:00 A.M. and 11:00 A.M.
XIV. CITIZENS' DISCUSSION:
HERMAN LIERER, Dairy Hill, Seward, appeared before
Council and stated that he had observed flooding in previous
years where the airport is now. He recornrended that the Borough
and City get involved in replacing pile bridges with span
bridges across Resurrection River and build dikes so that the
airport v;ou1d be spared destruction in the event of a future
flood.
LOUIS BENCARDINO, Chief of Police, Seward, appeared
from the audience and reported that after consulting with
Borough staff it was determined that it was possible to wire an
alternate bell or chinE sound to be broadcast over the fire
siren system which could be used for the noon signal. The
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PAGE 41
REGUIAR MEEI'ING - NOVEMBER 10, 1986
VOUlME 2 Z
Council requested Bencardino to report back at the next regular
rreeting with cost figures on purchasing the alternate system.
)w. COUNCIL AND ADMIN. RESPONSE ro CITIZENS' COMMENTS:
GIESELER introduced Jim Skogstad, Representative from
Hope, to the Council. Gieseler expressed appreciation for the
concern of the signers of the noon siren petition and stated
that the Council would take the request to consider rein-
stituting the noon siren under strong adviserrent.
BOOHER requested that the pot holes at the inter-
section of Fifth and MJnroe be repaired.
)WI. ADJOURNMENT:
The rreeting was adjourned at 9:40 p.m. and, after a
short recess, reconvened ln executive session to discuss
on-going litigation.
PAGE 4 1
SPECIAL MEETING - NOVEMBER 15, 1986
VOLUME 22
I. CALL ro ORDER:
The Noverrber 15, 1986, special rreeting of the Seward
City Council was called to order at 9:00 a.m. by Vice-Mayor
Michael J. Meehan.
II. OPENING CEREM)NY:
the flag.
Councilmember Dunham led the pledge of allegiance to
III. ROLL CALL:
Present were: Vice-Mayor Meehan and Councilmembers
Dunham, Hilton, Noll and Simutis (Mayor
Gieseler and Councilmember Booher were
absent with Council consent.)
42
REso/cON-lCfl :
(Agreement wi
Soil Conser-
vation Service
for flood pre-
vention dikes
at Jap & Spruce
Creeks)
PAGE 42
SPECIAL MEETING - NOVEMBER 15, 1986
VOLUME 2 Z
Present also: Deputy City Manager Schaeferrreyer and
Deputy City Clerk Audette
IV. APPROVAL OF SPECIAL MEm'ING AGENDA:
SIMUTIS ffiVEI) ro APPROVE 'IHE SPECIAL MEETING AGENDA AS
PRESENTED; THE IDI'ION WAS SECONDED BY DUNHAM AND CARRIED UNANI-
OOUSLY.
V. RESOLUTlooS:
A. Copies having been rrade available to the public,
Meehan noted by title only a proposed resolution entitled:
A RESOWTION OF THE CITY COUNCIL OF THE CITY
OF SEW\RD, ALASKA, AUTHORIZING A PROJECT
AGREEMENT AND AN OPERATION AND MAINTENANCE
AGREEMENT WITH THE U. S. SOIL CONSERVATION
SERVICE.
SIMlJI'IS M:>VED ro APPROVE RESOLUTION NO. 86-99; THE
MJI'ION \VAS SECONDED BY HIL'IDN.
At the request of Council, Paul Diener, Manager of
Engineering and Utilities, appeared frcm the audience and gave
the background on the proposed project with the U. S. Soil
Conservation Service (SCS). Diener explained that the SCS VlOuld
provide 100% of the construction costs to build two flood
prevention dikes to be located at Jap Creek (Jap - Aleut naIre
for "lots of gravel") and Spruce Creek. The SCS required that
the contracts be let by November 16, 1986, and construction be
carpleted within 30 days. The necessary easerrents had been
obtained frcm the affected property owners and the Corps of
Engineers permit had been approved. The City rn..lst agree to
operate and rraintain the dikes by keeping the flood channels
open and replacing gravel when needed.
Following a short discussion, THE QUESTION WAS CALLED
AND THE MJI'ION CARRIED UNANIMOUSLY.
VI. COUNCIL DISCUSSION:
None.
VII. CITIZENS' DISCUSSION:
None.
VIII.
COUNCIL AND ADMIN. RESPONSE ro CITIZENS' ca.1MENTS:
None.
IX. ADJOURNMENI':
PAGE 43
SPECIAL MEETING - NOVEMBER 15, 1986
VOUlME 2 2
I
The rreeting was adjourned at 9:20 a.m.
~~
Michael J. Me '- --
Vice-Mayor
.';
"
~ct ti' Seal} ,. ,
,,~ .... '''e.' t.,"">, ' f'
~ S'"...,:'i:: t,~. *'~/
.'0', r .....' "'.,
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PAGE 43
REGUIAR MEm'ING - NOVEMBER 24, 1986
VOUlME 22
I. CALL ro ORDER:
The Novenber 24, 1986, regular rreeting of the Seward
City Council was called to order at 7:30 p.m. by Mayor Harry E.
Gieseler.
II. OPENING CEREM:l'N:
I
Council.rrerrber Meehan led the pledge of allegiance to
the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Council.rrerrbers Boo-
rer, Dunham, Hilton, Meehan, Noll and
Sinutis
Present also: Deputy City Manager Schaefenreyer, City
Attorney Arvidson and Deputy City Clerk
Audette
SPECIAL ITEMS:
A.
not present.
The Junior Councilrrerrber scheduled to attend was
B. Gieseler presented City of Seward Proclarration to
Debra Lincoln, President of the Seward Volunteer Arrbulance
Corps, to recognize their outstanding cormnmi ty service during
the October 1986 flood disaster.
IV. APPROVAL OF MINUTES:
I
HILroN MJVED ro APPRO.7E THE NOVEMBER 10, 1986, REGUIAR
MEm'ING MINUTES AND THE NOVEMBER 15, 1986, SPECIAL MEm'ING
43
PROCLAMATIONS:
(Recognizing SVAC
community service
during 1986 flood
disaster)
44
C. ATTORNEY:
(Baily & Mason)
FINANCE DEPT:
(Accounts
Payable)
CON-12l:
(Renew contract
for agenda
publishing)
OTS/ENCROACHMENTS:
(Encroachment
granted for
New Swd Hotel,
L10-12, B9)
PAGE 44
REGUIAR MEETING - NOVEMBER 24, 1986
VOUlME 22
MINUTES AS WRITTEN; THE IDI'Ioo WAS SECOOOED BY SIMUTIS AND
CARRIED UNANIMJUSLY.
V. APPROVAL OF OJNSENT CALENDAR & REGUIAR MEETING AGENDA:
Schaefe:rneyer requested the addition of the following
agenda items: 1) Item No. IX(C) (3) -- Proposed Resolution No.
86-102, authorizing the City Manager to negotiate with the sole
bidder for the contract to design/build the Spring Creek Correc-
tional Center wastewater treatrrent plant; and 2) Consent
Calendar Item No. 8 -- Approve an encroadurent request as filed
by Brad Snowden for the New Seward lbtel. Schaefe:rneyer also
stated that he would update the Council during City Manager
Reports on the following: 1) Cable TV; 2) VQ.J 'IV; and 3)
Flood recovery errergency contracts.
I-1EEHAN ffiVEI) ro APPROVE THE REGUIAR MEETING AGENDA AND
THE CONSENI' CALENDAR AS AMENDED; THE MJI'Ioo WAS SECONDED BY
BOJHER AND CARRIED UNANIIDUSLY. The following actions were
taken:
1) Invoice from Baily & Mason for legal services
totalling $75.35, was approved for payrrent and filed;
2) Novenber 12, 1986, Finance Department's list of
Accounts Payable totalling $417,426.81, was approved for payrrent
and filed;
3) Renewal contract with the Phoenix Log for publi-
cation of Council agendas was approved and filed;
4) Noverrber 21,
cancellation of the December
was approved and filed;
1986, rrenorandum regarding the
22, 1986, regular Council rreeting
5) Novenber 12, 1986, taxable sales report as filed
by Corrptroller Bob Peirson was noted for information and filed;
6) Novenber 19, 1986, Interagency Hazard Mitigation
Report as filed by Engineering and utilities Manager Paul Diener
was noted for information and filed;
7) Novenber 20, 1986, draft FEMA darrage survey
report as filed by Engineering and Utilities Manager Paul Diener
was noted for information and filed; and
8) Noverrber 24, 1986, letter frcm Brad Snowden
requesting permission for the New Seward Hotel, located on Lots
10-12, Block 9, Original TcMnsite of Seward, to continue to
encroach into the alley was approved and filed.
VI. BOROUGH ASSEMBLY REPORI':
PAGE 45
REGULAR MEEI'ING - NOVEMBER 24, 1986
VOUlME 22
I
Kenai Peninsula Borough Assembly Representative
Jonathan Sewall appeared before the Council and gave a verbal
report of the Novenber 18, 1986, Borough Assembly rreeting held
in Seward. Gieseler extended the Council's congratulations on
Sewall's election to becone President of the Assembly.
VII. PUBLIC HEARINGS:
A. Notice of public hearing as posted and published
by law regarding the City's proposed Capital Improverrents
Projects priority list for the 1987 legislative session was
noted and the public hearing was opened.
DEAN KASISCHKE, representing residents of Canelot
Subdivision, appeared before the Council requesting that the
electric transmission line upgrade into Canelot be included on
the priority list.
I
MAGGIE WILCOX, 603 Ash Street, Forest Acres, Seward,
and MILDRED PELCH, Weselyn Nursing Hone Administrator, appeared
from the audience to request that a 24-bed addition to the
Weselyn Nursing Hare and renovation of the 1952 portion be added
to the priority list. Pelch noted her Novenber 21, 1986,
letter, which had been distributed earlier to Council, outlining
the contributions the Nursing Hone has rrade to the cormnmi ty
through local enployrrent and local purchasing.
BOB VALDATTA, 528 Fifth Avenue, Seward, appeared from
the audience and reCOIl1TEnded that the City purchase a new vessel
travel lift capable of lifting and rroving a 300-foot vessel
instead of using the rerraining MIC legislative appropriations to
build the rail and cradle system now planned.
CINDY MILLER, representing the lditarod Trailblazers,
appeared from the audience and stated that the organization was
pleased that construction of the trail/bikepath had been added
to the priority list. Miller stated that Parks and Recreation
Director Andrijanoff had net with the Trailblazers to discuss
the bikepath.
KEITH CAMPBELL, Seward General Hospital Administrator,
appeared frcm the audience and stated that he had given an
extensive presentation during the Novenber 19, 1986, work
session and requested Council to rraintain the new hospital in
the number one priority slot.
No one else appeared from the audience and the public
hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
I
A. LESTER SITTER, President of fuuntain Alaska
Energy, Inc., appeared from the audience, noted his Novenber 12,
45
CIP-1987
(public hearing)
RESO/CIP 1987;
(priority list)
PAGE 46
REGUIAR MEm'ING - NOVEMBER 24, 1986
VOUlME 22
1986, letter to Council and discussed his proposal to bring
natural gas service to Seward.
B. BERNARD HUIM, 317 Sixth Avenue, Seward, appeared
from the audience to voice his objection to Section (1) (H) of
Kenai Peninsula Borough Ordinance No. 86-84 which limits the
buildable or useable area on that portion of a lot that a
prudent person v.uuld use to construct a building to exclude
natural obstacles to developrent wi thin the property as counting
toward minimum required lot size. Hulm stated that he had paid
taxes on a piece of property for 30 years and when the day CaIre
that it could be developed, the new ordinance precluded the
construction that had been planned by limiting the useable area.
Hulm felt that the Section was unfair to certain property owners
who held property with unusual topographic features. Gieseler
infonred Hulm that he would personally look into the situation
and get back with him.
IX. ORDINANCES AND RESOWTICNS:
A. Ordinances for Introduction:
B. Ordinances for Public Hearing and Enactrrent:
C. Fesolutions:
1.
public, Gieseler
entitled:
Copies having been rrade available to the
noted by title only a proposed resolution
A RESOLUTloo OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, COOFIRMING THE CITY'S
CAPITAL IMPROVEMENT PROJEx:TS PRIORITY LIST
FOR THE 1987 LEGISlATIVE SESSION.
Schaefenreyer noted that the Administration I s reocm-
rrendation for the top four priorities were: 1) Rails & Cradles
for MIC (funds have already been appropriated but transfer of
those funds has been frozen by the state's administration); 2)
new hospital; 3) Ballaine Boulevard Dock; and 4) Senior
Center /M.lseum. In response to questioning, Diener, Manager of
Engineering and Utilities, stated that the travel lift referred
to by Valdetta during Citizen's Discussion was only capable of
lifting 500 tons which was substantially less than the capabil-
ity of the MIC shiplift. Diener added that the 500-ton travel
lift has just been designed and had not yet actually been built.
Diener re=rrrended against leaving the MIC shiplift rails and
cradles system incarplete.
Following the consensus of Council that the first
seven priorities be mmerated and the rerraining capital projects
be naned but not prioritized, MEEHAN MJVED ro APPROVE RESOWTICN
NO. 86-100; THE IDI'Ioo WAS SECONDED BY HILTCN AND CARRIED
UNANIM:>USLY. The first seven priori ties are as follows:
PAGE 47
RErrJLAR MEm'ING - NOVEMBER 24, 1986
VOLUME 22
I
1.
2.
3.
4.
5.
6.
7.
New Hospital
Ba11aine Boulevard Dock
Senior Center/Museum
Nash Road Boat Harbor
Teen Center
Handicap Access for City Hall
City Trail/Bikepath.
2. Copies having been rrade available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOWTICN OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AWARDING A CONTRACI' FOR
IMP~S ro THE SEWARD COMMUNITY LIBRARY
AND APPROPRIATING FUNDS.
BCX)HER M:>VED ro APPROVE RESOLUTION NO. 86-101; THE
MJI'ION WAS SECOOOED BY SIMlJI'IS.
I
Gieseler noted a Novenber 21, 1986, rrenorandum from
Schaeferrreyer and Diener recornrending approval of the resolution
which would accept an additional $9,000 state grant noney,
appropriate an additional $6,000 of rratching City funds and
authorize the City Manager to award a contract to Wells-Built
Homes, Inc., in an anDunt not-to-exceed $72,400, for irrprove-
rrents to the Seward Cormuni ty Library.
THE QUESTICN WAS CALLED AND THE IDI'Ioo PASSED UNANI-
MCUSLY.
3. Copies having been rrade available to the public,
Gieseler noted by title only a proposed resolution entitled:
A RESOWTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, 'ill APPROVE NEIDrIATING
WITH SOLE BIDDER FOR SPRING CREEK COR-
RECTlOOAL FACILITY WASTEWATER TREATMENT
PLANT.
SIMlJI'IS M:>VED ro APPROVE RESOWTION NO. 86-102; THE
MJI'ION WAS SE:C:nIDED BY HILTON.
I
Gieseler noted a rrenorandum from Manager of Engineer-
ing and utilities Diener regarding his recorrnendation to approve
the resolution to authorize the Alaska Depart:rrEnt of Transporta-
tion to negotiate a contract with Northway Developrrent, Inc.,
for design and =nstruction of the Spring Creek Correctional
Center wastewater treatment plant. Diener appeared before the
Council and explained that since the last Council rreeting City
and State officials had evaluated the tinE involved to rebid the
project and becane very =ncemed that the project could not be
perfo:rned in a rranner tinEly enough to be on-line when needed
for use by the correctional center.
47
RESO/CON-198:
(Construction of
addition on library
and remodel)
RESO/CON-199:
(Authorizing CM
to negotiate con-
tract with sole
bidder for SCCC
wastewater treat-
ment facility)
48
CIVIL DEFENSE:
(Noon siren
modified to
sound old siren
at noon)
CON-159:
(Change orders
to Samwhan
contract)
PAGE 48
RmJLAR MEm'lll3 - NOVEMBER 24, 1986
VOLUME 22
Following a short discussion, THE QUESTION WAS CALLED
AND THE MJI'ION CARRIED UNANIMJUSLY.
RECESS: The rreeting was recessed at 9: 00 p.m. and reconvened at
9: 10 p.m.
X. UNFINISHED BUSINESS:
A. Gieseler noted a Noverrber 24, 1986, rrenorandum
from Deputy Fire Chief David Squires recomrending the the old
civil defense siren be nndified for the purpose of operating as
a noon signal for the camumi ty .
MEEHAN MJVED ro AUTHORIZE THE CITY MANAGER ro MAKE THE
NECESSARY M:>DIFlCATIONS TO THE OlD CIVIL DEFENSE SIREN FOR THE
PURPOSE OF OPERATING AS A NOON SIREN FOR THE a::M-lUNITY; THE
IDI'Ioo WAS SEXXJNDED BY HILTON AND CARRIED UNANIM:XJSLY.
XI. NEW BUSINESS:
A. Gieseler noted a Noverrber 19, 1986, rrenorandum
frcm Diener recornrending that Council concur with the State
Departrrent of Transportation/Public Facilities (oar/PF) to issue
Change Order Nos. 18-26 to the Samvhan contract for the Spring
Creek Correctional Center construction. He also noted a Novem-
ber 21, 1986, letter frcm Roger Head, oar Construction Engineer,
recorrrrending Council concurrence with the Change Orders. Head
appeared before Council to review the Change Orders and answer
questions from Council. In response to questioning from Hilton,
Head stated that approxirrately 4.5 Million was available overall
for a project contingency fund. Hilton expressed concern about
depleting the contingency fund.
Following further discussion, BOOHER MJVED ro CONCUR
WITH oar/PF IN ISSUING CHANGE ORDER NUMBERS 18 THROUGH 26 ro THE
SAr-WiAN CONTRACI' FOR THE SPRING CREEK CORREx:TlOOAL CENTER
CONTRACT; THE MJI'ION WAS SE:C:nIDED BY MEEHAN AND CARRIED UNANI-
M)USLY.
XII. CITY MANAGER REPORI'S:
Schaeferrreyer reported that the McCaw Cable TV appli-
cation was still pending but had been infonred that the federal
governing agency would be issuing its order in the near future.
Schaeferrreyer reported to Council that WGN TV was nON
being scrambled for up to eight hours a day and he had been
investigating solutions to alleviate that situation. The ~
tariff does not allow satellite service to low power stations
such as Seward's. Schaeferrreyer reported that perhaps the ~
v.Duld grant a waiver in this case or even anend the tariff. He
also stated that he was researching the idea of obtaining a
descramb1ing device.
49
PAGE 49
REGUIAR MEETING - NOVEMBER 24, 1986
VOLUME 22
I
Novenber 20, 1986, rrenorandum from Diener regarding a
status report on flood recovery contracts was noted by
Schaefenreyer.
XIII.
COUNCIL DISCUSSION:
NOLL noted a Novenber 24, 1986, rrenorandum from Seward
Police Dispatch Supervisor Alice Pickett regarding the 911
errergency line into the Police Station. Noll stated that he had
asked Pickett to provide him with a written staterrent concerning
the 911 line problems after he had witnessed a dispatcher
receive calls on the 911 line with no response when answered.
Gieseler asked that Audette provide the Council with copies of
the letter.
HILTON stated that he was concerned with the change
orders to the Sanwhan contract. He added that he would like a
rreaningful report to include the basics in order to be kept
better inforrred on events at the Spring Creek Correctional
Center construction site.
In response to questioning from BOOHER, Schaefenreyer
stated that it \\Ould take approxirrately one week to have the
noon signal operational.
I
MEEHAN reported that he had attended a farewell dinner
for the crew of the departing Coast Guard vessel Cape Jellison
and displayed a plaque he had received on behalf of the city
corrrrerrorating the '''fuff Boat". **** Amendment from 12/08/86 mtg. ****
GIESELER noted that the Council and public was invited
to attend the corrrnissioning cererronies for the newly arrived
Coast Guard vessel Mustang scheduled for December 3, 1986, at
ll:OO a.m.
XIV. CITIZENS' DISCUSSloo:
BRUCE SZYMENSKI, Jesse Lee Heights, Seward, appeared
from the audience and questioned the Administration on the
operation and scheduling of the MIC shiplift. Schaefenreyer
stated that the shiplift is part of the Harbor Enterprise Fund
and is therefore overseen by Harbormaster Singleton. The
transfer facility is expected to be conplete in August, 1987.
JOHN GlASSER, Woodland Hills Estates, appeared from
the audience and reCOll1Terlded that the City work with the Alaska
satellite network people to develop viable programning 24-hours
per day.
I
BOB VALDATTA, Seward, appeared from the audience and
discussed the pronotional brochures being developed for the
City's use. Valdatta suggested that MIC plot lease information
be included in the brochure. He added that the public shoulduhave input to help prepare the brochure.
**** Meehan asked that the Administration request that the Cape
Jellison be returned to Resurrection Bay for retirement.
50
PAGE 50
REGUIAR MEEI'ING - NOVEMBER 24, 1986
VOlllME 22
'IN. COUNCIL AND ADMIN. RESPooSE ro CITIZENS' CXM-1ENTS:
In response to questioning from NOLL, the Adminis-
tration stated that 'IV satellite use was possible if there was
funding available.
DUNHAM stated that the pronntional brochures were to
generally overview the city.
XVI. ADJOURNMENT:
The rreeting was adjourned at 10:20 p.m.
?e~~~
H . Gieseler
May r
MEm'ING - NOVEMBER 26, 1986
VOUlME 22
The Noverrber 26, 1986, special rreeting of the Seward
City Council was called to order at 12:07 p.m. by Mayor Harry E.
Gieseler.
II. OPENING CEREMJNY:
CounciJ.rrerrber Booher led the pledge of allegiance to
the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrranbers Boo-
rer, Hilton, Meehan and Si..rrutis (Coun-
ciJ.rrerrbers Dunham and Noll were absent
Council consent.)
Present also: Deputy City Manager Schaefe:rneyer and
Deputy City Clerk Audette
IV. APPROVAL OF SPECIAL MEm'ING AGENDA:
BOJHER MJVED ro APPROVE THE SPECIAL MEm'ING AGENDA AS
PRESENTED; THE M:1I'ION WAS SECONDED BY HILTOO AND CARRIED UNANI-
MJUSLY.
V. NEW BUSINESS:
PRISON/CON-/qq :
(Contract for con-
struction of Waste-
water treatment fac.)
A. MEEHAN ffiVEI) ro AUTHORIZE THE CITY MANAGER ro
ENTER IN'ro A CONTRACT WITH NORI'HWAY DEVELOPMENT, INC., ro BUILD
, ,l;
I
I
I
51
PAGE 51
SPECIAL MEETING - NOVEMBER 26, 1986
VOLUME 22
A WASTEWATER TREA'IMENI' FACILITY AT THE SPRING CREEK CORREx:TIONAL
CENTER FOR A NOT-TO-EXCEED FIGURE OF $1,357,988.00; THE MJI'ION
WAS SECOOOED BY HILroN.
Gieseler noted a Novenber 25, 1986, rrenorandum from
Engineering and Utilities Manager Diener recornrending the award
of a contract to Northway Developrent, Inc. Gieseler also noted
handouts which had been previously distributed to Council on the
design criteria for the treatrrEnt plant and an overall utility
budget for the Correction Center.
In response to questioning from Council, Diener
explained that the treat.rrent plant v.Duld serve the entire Marine
Industrial Center (MIC) area. Diener estirrated the flow from
the prison \\lOuld be 170,000 gallons/day and the flow frcm MIC
would be 18,000 gallons/minute. In response to further ques-
tioning, Diener predicted that the risk of change orders to the
contract is small particularly since it is a design/build
operation.
Gieseler asked that a local hire memorandum be includ-
ed in the final contract.
THE QUESTloo WAS CALLED THE IDI'Ioo CARRIED UNANIM:>US-
LY.
XIII.
COUNCIL DISCUSSION:
GIESELER questioned Diener on the overall utility
logistics of MIC. Diener stated that a conplete layout has been
developed for the utilities along with the street system with
area lighting and shop lease sites.
XIV. CITIZENS' DISCUSSION:
None.
)N. COUNCIL AND ADMIN. RESPONSE ro CITIZENS' CCM1ENTS:
None.
)NI. ADJOURNMENT:
The rreeting was adjourned at 12:30 p.m.
~ ? '
~CL~v
Harry; . Gieseler
Mayor
52
PAGE 52
REGULAR MEETING - DECEMBER 8, 1986
VOLUME 22
I. CALL ro ORDER:
The Decerrber 8, 1986, regular rreeting of the Seward
City Council was called to order at 7:30 p.m. by Mayor Harry E.
Gieseler.
II. OPENING CE:REM::tN:
the flag.
Councilrrerrber Hilton led the pledge of allegiance to
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrrerrbers Dun-
ham, Hilton, Meehan and Noll (Council-
rrenbers Booher and Sinutis were absent
with Council consent)
Present also: City Manager Garzini and City Clerk
Murphy
SPECIAL ITEM:
A. Gieseler introduced Junior Councilrrerrber Shirlene
Hildebrand and presented her with a City pin.
IV. APPROVAL OF MINUTES:
MEEHAN M:>VED ro APPROVE THE NOVEMBER 24, 1986, MINUTES
AS WRITTEN; THE IDI'Ioo WAS SECOOOED BY HIL'Irn.
Meehan requested that Page 49 of the minutes be
anended to reflect his request that the USCG Vessel Cape Jel-
lison be returned to Resurrection Bay after its retirerrent.
THE QUESTION WAS CALLED AND THE IDI'Ioo ro APPROVE THE
MINUTES AS AMENDED WAS CARRIED UNANIMJUSLY.
V. APPROVAL OF COOSENT CALENDAR & REGUIAR MEEI'ING AGENDA:
Gieseler requested the addition of a new Agenda Item
No. VIII (B) -- Presentation by Bob Valdatta.
HIL'Irn MJVED ro APPROVE THE REGULAR MENl'ING AGENDA AS
AMENDED AND THE CONSENT CALENDAR AS PRESENTED; THE MJI'ICN WAS
SE:C:nIDED BY MEEHAN AND CARRIED UNANIIDUSLY. The following
actions were taken:
C.ATTY:
1. October 1986, invoice from HTGP&B for legal
services totalling $28,914.20, was approved for payrrent and
filed;
I
I
I
53
PAGE 53
REGUIAR MEETING - DECEMBER 8, 1986
VOUlME 22
2. Application for a permit for Ganes of Chance and
Skill as filed by the American Legion Auxiliary was filed
without objection; and
GAMES OF CHANCE &
SKILL: (American
Legion Auxiliary)
3. ABCB notification of an application for renewal ABCB: (BPO Elks)
of a liquor license as filed by BPO Elks Lodge #1773 was filed
without objection.
VI. BOROUGH ASSEMBLY REPORI':
Kenai Peninsula Borough Assembly Representative
Jonathan Sewall was not present and no report was given.
VII. PUBLIC HEARINGS:
A. Notice of public hearing as posted and published
by law was noted and the public hearing relative to a proposed
lease of Lot 5, Block 1, Marina Subdivision, to Brad Snowden was
opened; no one appeared in order to be heard and the public
hearing was closed.
PUBLIC HEARINGS:
LS, Bl, Marina Sub)
VIII.
CITIZENS' DISCUSSloo: (With prior notice only)
A. JOHN BURNEIT, PO Box 27, Seward, representing COMMUNICATIONS (TV):
M:::Caw/Rock Cable Systems, appeared before the Council and stated (Update on Cable TV)
that the APUC had issued certification for a cable system in
Seward. He noted that actual installation of the line could not
begin until the ground thaws in the spring. Burnett responded
to rrany questions and concerns voiced by the Council. He stated
that cost of a basic package of 26 stations (including all 4
rrajor networks) would total $29 per nnnth, with specialty
stations such as HBO, Disney, etc., available at an additional
charge. In response to a question from Gieseler, Burnett stated
that his company would be happy to assist the city with problems
experienced in receiving W3N, or possibly assist in obtaining
programing for the city on an alternate station. Burnett
also stated that the only statewide local news offered would be
NBC (KTUU). He added that there were plans to produce a local
conrnunity-based news program through the high school.
B. BOB VALDATTA, Seward, appeared before the Council
to discuss the administration's proposal to enter into a con-
tract with a "port manager".
IX. ORDINANCES AND RESOWTlooS:
A. Ordinances for Introduction:
None
B.
Ordinances for Public Hearing and Enactrrent:
None
54
MARINA SUB/RESO:
(Lease of LS,Bl,
to B. Snowden)
INDUSTRIAL DEV.(PORT):
(Employee contract
w/C.Gates, Marine
Marketing & Dev.)
TRADE BOARD:
(J.Woodruff re-
appointed)
PAGE 54
REGUIAR MEEI'ING - DECEMBER 8, 1986
VOUlME 22
C. Resolutions:
1.
public, Gieseler
entitled:
Copies having been rrade available to the
noted by title only a proposed resolution
A RESOLurICN OF THE CITY COUNCIL OF lliE CITY
OF SEWARD, ALASKA, AUTHORIZING THE ISSUANCE
OF A LONG-TERM LEASE ro BRAD SN<>>1DEN FOR r.ar
5, BIDCK 1, MARINA SUBDIVISION.
HIL'lDN MJVED ro APPROIlE RESOLUTloo NO. 86-103; THE
IDI'Ioo WAS SECOOOED BY MEEHAN AND CARRIED UNANIMJUSLY. (This
resolution was scheduled to take effect January 7, 1987.)
X. UNFINISHED l?USINESS:
None
XI. NEW BUSINESS:
A. MEEHAN MJVED ro APPROIlE THE EMPLOYEE COOTRACI'
WIlli CHRISroPHER GATES AS SPECIFIED IN THE EMPLOYEE AGREEMENI'
PROITIDED IN THE AGENDA PACKEr; THE MJI'ION WAS SECOOOED BY NOLL
AND CARRIED UNANIIDUSLY.
Note: The enployment agreerrent, between the Council and Gates,
provided for the enployrrent of Gates as Director of Marine
Marketing and Developrent for the period December 8, 1986,
through December 8, 1987.
B. Gieseler noted that John WJodruff had submitted
the only application for the Trade Board vacancy created by the
expiration of WJodruff's term on the Board. Gieseler nominated
WJodruff for an additional term on the Seward Trade and Camerce
Advisory Board, such term to expire in Noverrber 1989. The
nomination and appointrrent were confinred with no objection from
the Council.
XII. CITY MANAGER REPORI'S:
SCHAEFERMEYER reported that he expected to receive, on
December 9, a telecopy of a letter from attomeys representing
United Video stating specifically why United can no longer
transmit w:;N to the City of Seward. In addition, Schaefenreyer
stated that he has contacted an attomey in Washington D. C. to
investigate the possibility of obtaining a waiver or a nndifica-
tion of the law to allow transmission of the station to the
city. Gieseler asked that Schaeferrreyer supply a copy of the
letter from United Video to the Phoenix Log for publication in
the local newspaper.
I
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55
PAGE 55
REGULAR MEETING - DECEMBER 8, 1986
VOUlME 22
In response to a question fran Gieseler, DIENER
(Engineering & utilities Manager) stated that substantial
progress had been rrade on the dikes at Fourth of July and Spruce
Creek. He noted that the work had to be stopped for a short
while due to high winds, but everyone was working as scheduled
at the present tinE.
XIII.
COUNCIL DISCUSSION:
NOLL inquired about the terms of the agreerrent between
the city and the attorney in Washington, D. C. Schaefenreyer
stated that he is awaiting a fee schedule from the attorney
which v.Duld be followed by a retainer letter, direction and a
budget.
NOLL also asked for a status report on the new rrarket-
ing brochure. Administrative Assistant Kerry Martin stated that
sare of the preliminary sketches had been completed, sone photos
selected and a cost estirrate developed. He added that he v.Duld
be working closely with Chris Gates (newly hired Marine Market-
ing and Develop:rent Manager) on the creation of the brochure
since Gates would be using this in his rrarketing efforts.
Martin also reported that the display has been completed and
would be picked up in Anchorage later in the week.
In response to questions fran NOLL concerning a new
carrier to replace Seaways Express, Schaefenreyer stated that he
had received no new contacts.
NOLL stated that he was very pleased that the city had
entered into an agreerrent with Chris Gates, noting that he had
worked with him previously in Anchorage and felt that the city
had rrade a wise decision in hiring him.
DUNHAM also welcomed Gates to the City. She stated
that she had net him during her service on the Alaska Railroad
Transfer Cornnission. She asked that he work closely with the
Longshorerren in his efforts to rrarket the Port. Gates stated
that he appreciated the opportunity to be in Seward, noting that
Seward is positioned for real changes. He stated that he
intended to solicit the support of the Longshorerren, adding that
the city and ILWU have corrrron interests and goals and should
work together in their efforts to develop the port I s potential.
MEEHAN asked if the administration had conpiled a list
of duties and responsibilities for Gates. Garzini stated that
the enployrrent agreerrent outlined Gates' prirrary responsibil-
ities. He stated that he would provide the Council with a list
of the short-term and longer-term goals he had set for Gates.
He added that Gates would attend all Trade Board neetings to
keep the Board informed as to his progress.
GIESELER welconed Gates to the corrmunity. He also
congratulated Brad Snowden and stated that his new business
56
PAGE 56
REGUIAR MEETING - DECEMBER 8, 1986
VOUlME 22
venture in the Small Boat Harbor v.Duld be an asset to the
conmmity. Gieseler also stated that Joe Versteeg, a local
student, had been accepted at West Point for the coming schc:xJl
year. Gieseler displayed a plaque presented to the city at the
christening cerennnies of the CG/V fustang. He also noted that
the Decerrber 22, 1986, rreeting had been cancelled because of the
Christrras holidays.
XIV. CITIZENS' DISCUSSION:
LOUIS MI\RCH, Mile 5.5, Seward Highway, stated that he
had written a letter to Police Chief Louis Bencardino on
Noverrber 26, 1986, requesting a copy of his (March's) records
fran 1975 through the present. In response he had received a
letter from Bencardino stating that he would receive the copies
upon payrrent of $248.32 in copying charges ($0.35 per page).
March contended that the Alaska Statutes required mmicipali ties
to provide the first copy of any public dOCl.llrent free of charge.
Schaeferneyer noted that the Alaska Statutes state that a
rrnmicipali ty Imst provide copies of public docurrents upon
request but allow the mmicipali ty to charge the recipient for
the cost of reproducing the docunent (s) . Schaefenreyer stated
that the city has routinely charged $0.35 per copy when a city
enployee is required to do the copying and $0.30 per copy when
the copying is done by the person requesting the copy. He noted
that the courts have allowed this as a reirrbursable fee when the
city provides copies during the discovery phase of litigation.
}IN. COUNCIL AND ADMIN. RESPONSE ro CITIZENS' CXM-1ENI'S:
None
XVI. ADJOURNMENT:
The rreeting was adjourned at 8: 14 p.m.
Q.s~#U~Q
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PAGE 57
SPECIAL MEETING - DECEMBER 16, 1986
VOLUME 22
I. CALL ro ORDER:
The December 16, 1986, special rreeting of the Seward
City Council was called to order at 4:05 p.m. by Mayor Harry E.
Gieseler.
II. OPENING CEREMJNY:
Councilrren:ber Booher led the pledge of allegiance to
the flag.
III. ROLL CALL:
Present were: Mayor Gieseler and Councilrren:bers Boo-
fer, Dunham and Hilton (Council1rembers
Meehan, Noll and Simutis were absent
with Council consent)
Present also:
Ci ty Manager Garzini,
ager Schaefermeyer
Murphy
Deputy City Man-
and City Clerk
IV. APPROVAL OF RmJIAR MEm'ING AGENDA:
BOOHER ffiVEI) ro APPROVE THE REGULAR MEETING AGENDA AS
PRESENTED; THE IDI'ION WAS SECONDED BY DUNHAM AND CARRIED UNANI-
MOUSLY.
V. NEW BUSINESS:
A. HIL'IDN M:>VED ro APPROVE PROPOSED CHANGE ORDER NO.
1 'IO THE AGREEMENI' WITH SOIL CooSERVATloo SERVICE, INCREASING
THE OOST OF CONSTRUCTION AND ACCOMPANYING GOVERNMENT FUNDING BY
$200,000 FOR STREAM BANK PROTECTICN 00 JAP AND SPRUCE CREEKS;
THE IDI'ION WAS SECONDED BY DUNHAM.
Garzini explained that the law required approval of
the change order by close of business today in order to receive
the additional funding. Keith Jones, representing Soil Conser-
vation Service, stated that the $200,000 figure represented
SCS IS estirrate for completion of the project, adding that this
figure might be a bit high. He stated that both jobs (Jap and
Spruce Creeks) were larger than SCS had initially projected.
THE QUESTION WAS CALLED AND THE IDI'ION PASSED UNANI-
MJUSLY.
VI. COUNCIL DISCUSSICN:
None
VII.
CITIZEN'S DISCUSSION:
None
CON-I~7 :
PAGE 58
SPECIAL MEETING - DECEMBER 16, 1986
VOUlME 22
VIII.
COUNCIL & ADMIN. RESPOOSE ro CITIZENS' cc:MMENTS:
SCHAEFERMEYER noted a December 15, 1986, letter from
Steve Tervooren of HTGP&B relative to the Crowley Constructors
litigation which had been distributed to the Council. He stated
that Judge Holland had issued a sumnary judgrrent against Wausau
and putting the bulk of the suit in Wausau's lap. Schaefe:rneyer
also stated that Frank Pfiffner (HTGP&Bj feels that this case
now has an excellent chance of settling, with the City I s portion
of the suit totalling about $250,000 which might be recoverable,
in part, from Acres Hanscomb.
SQlAEFERMEYER also noted a December 12, 1986, letter
from attorneys for United Video relative to the City's efforts
to receive WGN-'IV for rebroadcast which he had distributed to
Council. Schaefe:rneyer stated that he felt the prospects were
good for getting a waiver or sorre sort of resolution of this
problem, but added that this v.Duld require working through
someone in Washington, D. C. He asked Council to review his
letter to Carl Raney, a D. C. attorney whom he v.Duld like to
retain on behalf of the City to pursue this rratter. The Council
voiced no objection to this course of action.
IX. ADJOURNMENI':
The rreeting was adjourned at 4:20 p.m.
,
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Mayor
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PAGE 59
SPECIAL MEETING - DECEMBER 23, 1986
VOUlME 22
I. CALL ro ORDER:
The December 23, 1986, special rreeting of the Seward
City Council was called to order at 12:05 p.m. by Vice Mayor
Michael J. Meehan.
II. OPENING CEREM:lNY:
Councilrrember Booher led the pledge of allegiance to
the flag.
III. ROLL CALL:
Present were: Vice Mayor Meehan and Councilrrembers
Booher, Dunham, Hilton and Noll (Mayor
Gieseler and Councilroember Simltis were
absent with Council consent)
NOTE: Hilton arrived at 12:08 p.m.
Present also: City Manager Garzini and City Clerk
Murphy
IV. APPROVAL OF SPECIAL MEm'ING AGENDA:
BOOHER ~VED ro APPROVE THE SPECIAL MEETING AGENDA AS
PRESENTED; THE MJI'ION WAS SECONDED BY DUNHAM AND CARRIED UNANI-
M:>USLY.
V. RESOLUTIONS:
A. Copies having been rrade available to the public,
Meehan noted by title only a proposed resolution entitled:
A RESOLUTloo OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AWARDING A CONTRACT ro
ALASKA PRECISION DRILLING AND BIASTING ro
PRODUCE RIP RAP FOR THE 4TH OF JULY CREEK
DIKE REPAIR.
BOOHER MOVED ro APPROVE RESOWTloo NO. 86-104; THE
IDI'ION WAS SECONDED BY DUNHAM.
In response to a question from Booher, Garzini stated
that the funds for tltis contract represented FEMA nnney which
had been granted to bring public projects and facilities back to
their pre-flood state, adding that this project was not part of
the $200,000 in additional federal nnnies received through the
Soil Conservation Service change order approved last week.
Diener noted that the contract would allow the city to recover
its stockpile of gravel which had been used during and i.nmedi-
ately following the flood to repair dikes.
THE QUESTION WAS CALLED AND THE IDI'ION CARRIED UNANI-
MXJSLY.
59
FLOOD CONTROL/RESO/
CON-7-0,!-: (Production
of rip rap - Precision
Drilling & Rigging)
60
FLOOD CONTROL/RESO/
CON-2..o5: (Contract
for repair of Upper
Jap Creek Dike -
Metco, Inc.)
PAGE 60
SPECIAL MEETING - DECEMBER 23, 1986
VOUlME 22
B. Copies having been rrade available to the public,
Meehan noted by title only a proposed resolution entitled:
A RESOLUTloo OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AWARDING A CONTRACT ro
METCO, INC., 'ID REPAIR THE UPPER JAP CREEK
DIKE.
BOOHER ffiVEI) ro APPROVE RESOWTlOO NO. 86-105; THE
MJI'ION WAS SEXXJNDED BY DUNHAM AND CARRIED UNANIIDUSLY.
VI. COUNCIL DISCUSSION:
None
VII. CITIZENS' DISCUSSION:
None
VIII.
COUNCIL & ADMIN. RESPOOSE ro CITIZENS' CG1MENTS:
None
IX. ADJOURNMENT:
The rreeting was adjourned at 12: 11 p.m.
>-~ \\
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Michael J. Me
Vice Mayor
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City C
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