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HomeMy WebLinkAbout1967 City Council Minutes REGULAR MEETING JANUARY 16, 1967 VOL 13 1 that it needed to know the details of the new legislation before it could decide whether or not it was against it, and the Acting City Manager was requested to secure such information from the Alaska Municipal League; and also to relay its feelings to the Legislature through the League that no legislation of such vital interest to the cities should be passed without first providing full information to the cities. I (3) Mayor Kirkpatrick reviewed recent correspondence regarding the standing Committee for Municipal Affairs in the U. S. Senate and re- quested permission to write letters of endorsement to Senator Williams and to the Executive Director of the League, and permission was grant- ed; (4) Reported that he would not be able to attend the Thursday Power Study Meeting in Anchorage and vice-Mayor Skinner and Electric Department Foreman Bob Hammond would attend; (5) The annual report from the Fire Department received and will send copies to all mem- bers of the Council; (6) Advised that on January 28, 1967 Mr. Ralph Cowles, who is in charge of the Borough Economic Development Committee would be in Seward with five principals interested in our cannery development; that he would attend this meeting and would appreciate attendance by all members of the Council who possibly can. Council- man Willburn advised that he had been appointed to that committee in July and had not yet received any piece of paper or notice of a meet- ing, and having volunteered to be of active service and having been appointed by the Council to serve, felt that he should be kept in- formed of this committee's meetings and activities. Clmn. Cole advised for information that this activity is no longer under the Borough. I Item 10 - C~~il_piscussions - (For (1) see above at end of Item 8); (2) Clmn. Smith inquired regarding progress on the refund of advanced payments on the sewer assessment. Mayor Kirkpatrick advised this was one of the problems presented to Mr. ;Josephson that afternoon with request to prepare some guide lines for the Council's use in determining -the manner of administering the refund; At the Mayor' s request Mr. Josephson reviewed these in some detail and it was then reviewed that the Council did wish to make these refunds at the earl- iest possible time. (3) Clmn. Urbach advised the Japanese Engineers for the Japanese and American Development Fisheries Expansion Program expected to be in Seward on Jan'~ary 20th to commence work on the engineering for that project. Clron. Willburn moved for adjournment and Mayor Kir~atrick declared the meetinq adjourned at 9:25J'.Ivl. yJfl/f~~ cL_'F 21h /~ Beatrice E. Watts, City Clerk-Treasurer t~--J~' 'I - ..,' I i - <, . / -7~:''' ,~ / .1 t _-:::- ~~C~~ R. W. Kir patrick, Mayor REGULAR MEETING FEBRUARY 6, 1967 I The February 6, 1967 regular meeting of Seward City Council was called to order by Mayor R. W. Kirkpatrick at 7:30 P.M. The opening ceremony, The Pledge of Allegiance To The Flag was led by Clmn. Tom Smith. Roll was called and those present were: Mayor Kirkpatrick; Councilmen Tom P. Smith, Charles E. Cole, Sr., W. J. Lantz, Lawrence Urbach and E. G. Skinner. Clmn. Maynard Willburn was absent. There were no minutes ready. Item 5 - ~ii::j~~n!?_J?iscussion and_J'_ublic Hearinqs - (1) Mayor KirkpatricJz reported that the Magistrate was ill and requested the report on Alaska Alcoholic Planning Conference be tabled until she is able to present 2, VOL 13 REGULAR MEETING FEBRUP~Y 5, 1967 thE' report. Clmn. Lantz _-: '~I would move_th?-t we table Item No. 1 under Citizens Discussion~_the-Rresentation bv the Magistrate Mrs. Schaefer- me~r."- Seconded by Clmn. Cole. Vote - Unanimous yes. (2) Chief of PCllic!?__J;.}_c?y_<!.Heff.!l...er requested authorization to enroll three Police Officers in a training program in the Anchorage Police Department, explaining that his rookie officers needed the experience of working in a department where they could secure a variety of exper- ience and that Anchorage was willing to cooperate in such a training program by permitting the men to accompany their officers on duty in all types cases for a period of one month and that the men are willing to take the training on the basis of working ten to sixteen hour days I for basic salary; to question advised he thought they could all be away I at the same time; to question advised he had questioned the men regard- ing their intent to continue in the City Police Department and each one does intend to continue; and to question regarding per diem costs re- quested approval of $20.00 per day. The Chief then advised that this program could be followed with a one-week intensive training program by the F.B.I. which would be very beneficial to the officers. These train- ing programs were discussed including probablecosts and Acting city Man- ager Kirkpatrick advised if there was no strong objection he and the Chief would work out the details and proceed with this program. (3) Mr. Griffin Gis~ newly appointed State Sanitarian for the Borough, was not present though he had requested audience of the Council; (4) the City Clerk-Treasurer administered the Oath of Office to Mr. Phil Durant, standby Emergency Councilman and Mayor Kirkpatrick presented the Certifi- cate of Office and a copy of the Home Rule Charter and Administrative code. Mayor Kirkpatrick noted that Standby Emergency Council is now full strength. Item 6 - Communications - (1) Report of the Seward Public H~alth~~rse had been received by all members with attention given to vehicle and dog control problems; Council expressed appreciation of the reports from the Public Health Nurse; (2) Letter from the MethodistBoard of Missions re- questing the correction of property description which Mayor Kirkpatrick advised he had not researched but which might pertain to the expansion of the Army Rec Center; that the City Attorney had delivered this re- quest and offered suggestion as to the manner of accomplishing the work. Clmn. Urbach - "I would so move that you, as Acting City Manager, ~<2. ahead and process this correction deed in the manner which the City Attor- ney thinks is proper". Seconded by Clmn. Skinner. Vote - Unanimous yes. as (3) Letter from senator Gruening endorsing and promoting Seward/a site for one of the fish protein plants; (4) Letter from Senator Bartl~~t re- garding fish protein plant and saying that he could not endorse anyone site, and minimizing the importance of the plant to the economy of any community. -, ! Item 7.1 - Resolution No. 595 Approving Form of Assignment of Halibut Pro- ducers Lease of Building and Land and Assignment to Use City Dock to Jap- anese-American Development Fisheries Company was read in full as follows: RESOLUTION NO. 595 WHEREAS, Halibut Producers Cooperative Association has requested assign- ment of its lease dated March 22, 1966, of City of Seward land and build- ing situated at the Northwest corner of the Seward Municipal Small Boat Harbor Dock, to Japanese and American Development Fishing Company of Alaska; and WHEREAS, Halibut Producers cooperative Association has requested assign- ment of its License for Use of said Municipal Small Boat Harbor Dock to same; and WHEREAS, the Seward City Council voted on January 4, 1967, to approve such assignments; NOW, THEREFORE, BE IT RESOLVED that the above described Assignments of Lease and License by Halibut Producers Cooperative Association to Japan- ese and American Development Fishing Company of Alaska, be and are hereby approved and the City Manager and City Clerk-Treasurer are hereby instru- cted to execute said instruments following execution of same by Halibut \j I I I REGULl1-R l\m:~:TING FEBRUl\RY 6, 1967 VOL 13 3 Producers coopera-tive Associati'Jn and Japanese and &'1\erican Fishing Co.. mpany of Alaska. This Resolution shall be effective on the date of passage and approval. Passed by the city Council of The City of Seward, Alaska, this 6th day of February, 1967. Clmn. Urbach -~'_LSlls)Ve_:for ac!QpJion of Resolution ])l.9-,_ 595 ,~.', 9~condeq pv Clmn.,~~i~~~. Vote - Unani~?us yes. Item 7.2 - Received bid tabulation and award Petroleum products Contract. Clmn. Skinner - "I._would like at this time to be excused from discuss- inq and votinq -9_n Item 2 due to financial interest. " Gran-ted by Mayor Kirkpatrick with no objections. Clmn. Cole - "I also would like to be excused from voting on this item due to financial in'terest~'and there was no obj~ction. PETROLEUM PRODUCTS BIDS OPENED AT 3:00 P.M., JANUARY 26, By W. E. Hedman, Public Works General Foreman in the Absence of City Manager and Tabulated by Beatrice E. Watts, City Clerk-Treasurer PS-300 PS-200 Furnace Oil Furnace Oil unit Total unit Total 1967 .135 2,700.00 .167 5,845.00 stove Oil unit Total ,5? 1&- o~ .194 291. 00,,", ~.lN Andy's Oil Delivery Box 1271, Seward Standard Oil of California Seattle, Washington Watsjold, Fuel Seward, Alaska Marathon Fuel Service Box 335, Seward Marathon Fuel Service Marked for 3:00 p.m. opening was actually bid on tires to be opened at 4:00 p.m. and was promptly sealed by Mr. Hedman and returned to the City Clerk. only bidder of following: .167 5,845.00 .20 300.00 .1667 5,843.50 .193 289.50 Engine Lub. Oil unit Total Multi-Machine Oil Unit Total Chassis Grease Unit Total Standard Oil of California Seattle, Washington 1. 04 624.00 .895 447.50 .2675 66.88 Diesel Oil Unit Total Regular Gasoline unit Total Kerosene unit Total Standard Oil of California Seattle, Washington Andy's Oil Delivery Box 1271, Seward Marathon Fuel Service Box 335, Seward Only bidder of following: .168 2,184.00 .204 3,060.00 .286 57.20 .167 2,171.00 2,164.50 Lubricant Total .1665 Gear unit Anti-freeze Standard Oil of California Seattle, Washington 1.04 624.00 NO BIDS Clmn. Lantz requested information regarding the arithmetic error on the Stove Oil Bid by Andy's Fuel Service and Mayor Kirkpatrick advised that the call for bids was on the unit basis with quantities stated for bid- ing purposes only so that the unit price prevailed. Clmn. Lantz - "I would move that the bid for P.S. 300 Furnace Oil, unit total, be awarded to Andy's Fuel Service since this is the only bid." Seconded by Clmn. Urbach. Vote - Unanimous~. With Councilmen Skinner and Cole abstaining. Clmn. Urbach - "I would move that Marathon Fuel be awarded P.S. 200 Furnace Oi~stove Oil and Diesel. 11 Seconded by Clmn. Smith. Vote Unanimous yes, with Councilmen Skinner and Cole abstaining. 4 VOL 13 REGULAR MEETING FEBRUARY 6, 1967 Clmn. Lantz - "I would move that the bid awards for reqular qas and kerosene be awarded .:t:~__S-tandard Oil of California." Seconded~ Clmn. Urb_~ch. Vote - Unanimous yes with Councilmen Skinner _ and. Cole abst~in- inq. Clmn. Smith - "I would move that Standard Oil of Californi~ be awarded the bid for enqine lube oil, multi-machine or hydraulic oil, chassis qrease and q~ar lube." Seconded by Clmn. urbas:h. Vote - Unanimous yes with Clmn. Skinner and Cole abstainin~ Item 7.3 - Received bid tabulations and award Tire, Tube and Battery Con- tracts - ~ I TIRES, TUBES & BATTERIES BID OPENING 4:00 P.M., JANUARY 26, 1967 QUANTITY SIZE 6 l3:00x24 6 12 10:00x20 12 12 8:25x20 12 12 6:70x15 12 12 6:50x16 12 12 6: 50x13 12 6 6 Volt 12 12 Volt 6 6 Volt This bid is made by Anderson Only bid submitted. Foreman, in absence Beatrice E. Watts. UNIT PRICE TOTAL Exclusive of State and Federal Excise Taxes DESCRIPTION Grader Tires, Nylon 10 Ply Tube Type $169.83 Natural Rubber Tubes for above tire size 9.80 Truck Tires, Highway Type Tread, Nylon 12 Ply Tube Type 90.20 Natural Rubber Tubes for above tire size 8.25 Truck Tires, Highway Type Tread, Nylon 10 Ply Tube Type 59.02 Natural Rubber Tubes for above tire size 4.55 Passenger Car Tires, Highway Tread and Mud and Snow Grip Tread - Nylon 4 Ply Tube Type 14.89 Natural Rubber Tubes for above tire size 2.70 Pickup and Jeep Tires (Same as above-except 6 Ply 26.87 Natural Rubber Tubes for above tire size 2.88 Passenger Car Tires, Highway Tread and Mud and Snow Grip Tread -- Nylon 4 Ply Tube Type 12.90 Natural Rubber Tubes for above tire size 2.47 Batteries (Equiv. to Firestone L-l) 11. 90 Batteries (Equiv. to Firestone LX24S) 20.27 Batteries (Equiv. to Firestone TB-4) 27.75 TOTAL MARATHON FUEL SERVICE Owner This opened by of City Manager , by $1018.98 58.80 1082.40 99.00 708.24 54.60 178.68 I j 32.40 322.44 34.56 154.80 29.64 71.40 243.24 166.50 Raymond January 26, 1967 . W. E. Hedman, Public Works General and tabulated by City Clerk-Treasurer, Clmn. Skinner - "In as much as we have only received one bid for this Item 3, I would move the bid for tires, tubes and batteries.. be awarq.ed to Marathon Fuel Service." Secondedl:2.:L Clmn____ Cole. Vote --=--ynpnimous ~ Item 7.4 - Resolution No. 597 Authorizing Drive-way Culverts under Certain Conditions for street improvements constructed in 1965 and 1966 rendered drive-way unusable, was read in full as follows except the deposi-t was presented at $25.00 and reduced to $10.00 by the Council: I I I REGULAR MERTING FEBRUARY 6, 1967 VOL 13 ... ~ RESOLUTION NO. 597 WHEREAS, The city of Seward has been built wi thou-t establishment of street grade levels; and WHEREAS, the paving projects constructed in 1965 and 1966 necessitated establishment of such grade levels in the areas being paved; and WHEREAS, constructing to such grade levels involved lowering the street various distances below the adjacent property; and WHEREAS, construc-tion of the s'crip paving" required a shoulder extension of the street level to protect the paving", and also required ditching to channel surface water away from the paving; and WHEREAS, prior to construction certain properties adjacent to the streets improved by said paving projects had access to their property from the street by driveways, and since the construction, due to one or both of the above described changes, do not now have such access; and WHEREAS, the ideal solution to such problems is the construction of paved streets with curbs, gutters, underground drainage, and pedestrian walking area, such solution is not possible at the present time; and WHEREAS, the City recognizes the need to complete the establishment of street grade levels throughout the City, such program must be evalua-- ted in the over-all needs of the community and its ability and desire to purchase such a program; and WHEREAS, The City of Seward concurs in the necessity of establishing the elevation of pedestrian walking areas adjacent to all strip paving so that property owners may construct permanent pedestrian access to their property; and WHEREAS, The City of Seward affirms its right to construct streets to the grade level which is best for over-all purposes and denies any and all responsibility to provide for continuing usefulness or replacement of improvements constructed on private property without due regard for adequate set back from the street right of way or constructed on pri- vate property at the existing grade level prior to the establishment of grade level; and WHEREAS, there exists an immediate need to alleviate the problem of property owners who since the 1965 and 1966 paving projects no longer have access to their property via driveways because of one or more of the above described changes; and WHEREAS, a satisfactory lasting correction of the problem is not feas-" ible at this time, and yet some immediate correction is deemed necess- ary where the property owner has lost access to his property via a driveway; NOW, THEREFORE, BE IT RESOLVED, that as a stop-gap, good will measure, The City of Seward shall install driveway culverts of not less than l2" in diameter, shall place fill and where necessary shall construct slope to connect with the existing driveway, providing the property owner shall first sign a work order requesting such installation prior to deadline to be established administratively, and agreeing to pay the sum of $50.00, plus sales tax, of which $10.00 shall be paid in advance at the time of signing the work order and agreeing to pay the remainder upon completion of the installation. prior to construction the owner shall sign an easement granting permission to enter and con- struct in those instances where slope is constructed on the owner's property. All other costs of the construction shall be paid by The City of Seward; and BE IT FURTHER RESOLVED, that written notice of the availability of the above described benefits and of the steps to be taken to receive same shall be given to each property owner eligible to receive said benefits; and BE IT FURTHER RESOLVED, that this program shall be given publicity in a newspaper of local distribution for a period of one month prior to the dealine for ordering same. This Resolution shall be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska, this 6th day of February, 1967. Mayor Kirkpatrick explained that he was continuing to receive complaints from property owners expecially on 7th Ave. and 2nd Ave. because of loss of use of driveways and loss of accessability to property due to the changed street grade as a result of the street improvement and paving tJ VOL 13 REGULAR MEETING FEBRUARY 6, 1967 progr~n; that there had been no legally established grade, except as it was established with the paving, and if there had been an establish- ed grade level and the City had detracted from the value of the proper- ty, it would have been responsible to replace any damage or loss, but this is not the situation; but felt that the City had a moral obliga- tion to correct the situation without undue burden to the other tax- payers, and therefore the resolution written up in this manner; that the City should be able to break even with the costs requested. Mayor Kirkpatrick referred the Council also .to the letter from the City Attorney pertaining to this subject and also the Administrative Direct- ive of the Anchorage City Manager, which, of course, pertains to change in legally established grade whereas we are dealing with the situation of no grade having been established. Clmn. Lantz asked about the dead- line and Acting City Manager Kirkpatrick explained that the quoted price by the culvert supplier was limited in the time and there was a 90 day delivery period so that this schedule would provide for installation during July and August. Clmn. Lantz advised his concern was that people might not have $25.00 at this time and it was decided to reduce the de- posit to $10.00 with requirements for pa~uent in full on completion. Clmn._ Urbach - "Wii::l~t:]:1_<!i::_..s::hanqe,_J wOl!.:),.d move that ResolutioIl:._~o~_ 597 be _~_dopted. " Seconde.cLl2Y__Q..lmn. Smith. Vote - Unanimous yes. Mayor Kirkpatrick called a recess at 8:45 P.M. and reconvened the meet- inq at 9:00 P.M. with all present as before the recess. Item 7.5 - Resolution No. 598 authorizing Covenant, as owner of the lands benefited by the E.D.A. Harbor Improvements Project, that the City will secure guarantees from leasees or occupants from such benefited lands to conform with Civil Rights Act and the Non-Relocation provisions of the Public Works and Economic Development Act of 1965 was read in full as follows with explanation from Mayor Kirkpatrick that this was a Gov- ernment requirement: 1- RESOLUTION NO. 598 ~mEREAS, The City of Seward, as Recipient of Grant Funds and Borrower of Loan Funds from the U. S. Departmen't of Commerce, Economic Develop- ment Administration for Project No. 07-10089, Seward Small Boat Harbor Industrial Site Development, Dredging, Dock and Boat Lift, agreed in the Acceptance of the Grant and Loan Offer to submit to the Govermaent its written covenants and the written covenants of any other owners of land benefited by said Project, that for two years following the date of the Acceptance of Said Offer that such owners shall not sell, lease, or otherwise make any part of such premises available for occupany by any person, firm or entity, unless the proposed occupant first furnished to The City of Seward for transmittal to the Government properly execut- ed standard forms covering the obligation of such occupant to comply with the Civil Rights Act of 1964, and evidencing that such occupany is not in violation of the relocation prohibitions of the Public Works and Economic Development Act of 1965. NOW, THEREFORE, BE IT RESOLVED that COVENANT of The City of Seward, Alaska, as Owner of all of the benefited lands in the above described Project, said COVENANT setting forth the above stated promises of Owner as required by the Special Conditions of the said Grant and Loan Offer, be an is hereby authorized and approved and the Actg. City Manager and the City Clerk-Treasurer are hereby instructed to execute and deliver said COVENANT. This Resolution shall be effective upon passage and approval. Passed and approved by the City Council of The City of Seward, Alaska, this 6th day of February, 1967. Clmn. Smith - "I move we adopt Resolution No. 598." Seconded by Clmn. Skinner. Vote - Unanimous yes. Item 7.6 - Resolution No. ?99 authorizing COVENANT, as owner of the lands and BORROWER to the Government that the E.D.A. Project Harbor Facilities will not be for the exclusive use of any private concern was read in full as follows with explanation that this is a requirement of the Government. REGULAR jvIE3TING FEBRUl\RY 6, 1967 VOL 13 7 I RESOLUTION NO. 599 WHEREAS, The City of Seward as Recipient of Grant Funds and Borrower of Loan Funds from the U. S. Department of Commerce, Economic Develop- ment Administration for Project No. 07-1-0089, Seward Small Boat Har- bor Industrial Site Development, Dredginsr, Dock and Boat Lift, agreed in the Acceptance of the Gran-t and Loan offer to submit to the Govern- ment its written covenant that all of the facilities to be built by the project shall remain for the use and benefit of the public and that they will not be leased on a long-term basis or be for the exclusive use of any particular private industrial or commercial user. NOW, THEREFORE, BE IT RESOLVED that COVEKANT of The City of Seward, Alaska, as Ovlner of the land on which the above described facilities will be built (except that the United States of America owns the land which will be dredged); and as Owner upon completion of the facilities to be constructed under the above described project, said COVENANT setting forth the above stated promises and agreements of Owner as re- quired by the Special Conditions of the said Grant and Loan Offer, be and is hereby authorized and approved and the Acting City Manager and the City Clerk-Treasurer are hereby instructed to execute and de- liver said COVENANT. This Resolution shall be effective upon passage and approval. Passed and approved by the city Council of The City of Seward, Alaska, this 6th day of February, 1967. Clmn. Smith - "I move we adopt Resolution No. 599." Skinner. Meeting recessed for Mayor Kirkpatrick to phone and reconvened with all members present as at on Clmn. Smith's motion - Unanimous yes. Seconded by Clmn. talk on the tele- the recess. Vote I Item 7.7 - Lett_er: from Mr. Pat Alvarez , Chairman of the" Save Our Seward" Board of Trustees, advising that all approved claims had been paid leaving $50.00 Rebuild Alaska Funds and $852.82 Save Our Seward Funds remaining which he was transmitting therewith, and advising that he had destroyed the list of donees which he had in conformance with the confidential disbursment requirement. Clmn. Urbach advised that he had the disbursement records and would like to turn them over to someone for audit and so forth. The City Clerk-Treasurer advised the records were not expected to become part of the City Records, and Myr Kirkpatrick said that, as he had served on this comnittee, he would take possession of the records. Clmn. Lantz - "I yvoul4-!!1oye that the $50.00 from Rebuild Alaska Funds go back -to the General Fund since it is not parJ:_gX_t.l1_e. SOS Funds ,,-_that _ the SOS Fund be deEi~Cl-J::~E to the swimmi.E3:...J2ooJ,__(l1.!:l..9~" SecoTLde_~j:ly_ Clml1-,Sole ." elmn Skinner requested consideration for repair of the score board in the Armory from these funds but it was decided that the Borough should repair that property which is now Borough property, and Clmn. Urbach suggested the require- ments upon the Board of Trustees to use the funds for public good be the criteria a-t -this time. elmn. Lantz - "With co.nsent of the second I would ammenc1 the original motion that the $50.00 from the Rebuild Alaska Fund.el us ,the $ 85 2.82 _ from the SOS Fund, makin3...-a -total of ~2.8~, be_ earr,~a_rked for the S~Jm.'Tlin3-_Pool Fund." Clmn. Cole gave concurr"eI!.ce to the ammendrnent. VoJ:~ Unanimous ves. Item 7.8 - Resolution No. 596 was read in full as follows: I RESOLUTION NO. 596 BE IT RESOLVED that the Mayor's re-appointments of DAVID A. BLUME, DOROTHY K. URBACH, HE~~N E. LEIRER to the Planning & Zoning Commiss- ion of The City of: Seward, for the Term February 15, 1967 to February 15, 1970, be and are hereby approved and t:he said David A. Blume, Dorothy K. Urbach and Herman E. Leirer are appointed -to serve on the Planning & Zoning Commission of The City of Se\vard for said term of office. This Resolution to be effective on the date of passage and approval. Passed and approved on the 6th day of February, 1967. f'<1ayor Kirkpatrick advised these terms have expired and he wished to nominate 'these people for re-appointment. Clmn. Skinner _. "l so move 8 VOL. 13 REGULAR ~ffiETING FEBRUARY 6, 1967 v-le adopt ResolutioIl-Bo._59.2~_ Y!!:5---,_ Seconded bv Clmn. Smith. ~.__. Vote - Unanimous Item 8 - Reports from the Borouqh Asse~blymen (1) The hearing for the Ordinance relating to the disposition of Borough Lands was had including the revisions ordered by the Assembly for more lenient disposition to municipalities; (2) The Ordinance for late filing penalty for property tax renditions was adopted; (3) School construction program delayed for discussion with the School Advisory Boards; (4) the Borough Assembly re- quests support of i-ts resolution advising the legislature tha-t ,the in- distrial incentive tax exemption law does not in its opinion create the harmony and economic climate for industrial development intended and that the people of the Borough wish to negotiate on local incentives and to leave the State incentives with the State; and noted that HB 46, which pertains to this subject has already been introduced, and any change in this extension unlikely this year. (5) A bill requesting oil and gas production tax refunds to cities and Boroughs was approved by the Assembly for forwarding to the Legislature; the council decided to support this bill. (6) The next meeting of the Assembly will be in Seward commencing 10 am; and request has been made for the Assembly to meet in Seward for the School Budget hearing, which invitation was endorsed by Mayor Kirkpat- rick; (7) A representative of the Borough Assessor's office will be in Seward on February lOth to do full time work for some period of time; (8) Assemblyman carl Seaman resigned and Eugene Morin from Kenai took his place. Item 9 - Reports from the city Manaqer - (1) Acting city Manager Kirkpat- rick reported attendance at the Borough meeting January 26, 1967, and advised that the school const€uction program presented by the architect seemed very elemental, and oneowhich he hoped the Assembly would give very close attention. Clmn. Lantz advised he also questioned whether the proposals would develop into a realistic program; (2) Advised that as Mayor he had named February 27th as Mother's March of Dimes Day and re- quested support of the community to this activity; (3) Letter from Mr. Kester L. Dotts that the executive committee of the Alaska Municipal League, of which he is a member, would be holding a Meting in Juneau February 15th so that he would be moving to Seward on the 13th and would take up his duties upon returning from Juneau. (4) Due to the above delay had requested the IBEW to postpone its wage negotiation until February 20th at 1:00 pm, and that the report of that negotiation would be takenm the council Meeting of that date; (5)Have requested Army assistance in building the Resurrection River road, and as reported earlier in the meeting, the Army has secured the land for expansion of its facility; (6) On January 28, 1967 met with Mr.Ralph cowles and Mr. Jack Werner of the Economic Development Committee for a shor~ time and presented offer to build about 250 picnic tables for the Penin- sula as a "make-work" project to assist the local economy during this low time, as previously discussed by the council; (7) February 9, 1967 at 2pm the final inspection of Hospital modifications by the Chairman of the PCHA Board of Trustees, other Board Members, the Hospital Administrator, the Contractors and himself with the city Clerk to make notes of the in- spection would be made, and inviting the council to attend if possible. Item 10 - council Discussion - (1) clmn. Skinner reviewed that a few years ago the city had taken the position, in response to state request that the city take over maintenance and operation of the airport, that it would only after the runways were extended, paved and lighted; that only the extension had been completed and the runway lighting had been deleted from this year's program; that he thought the city should reaffirm its position and1E clear that it is anxious to take over control, use, maintenance and operation under the conditions outlined before, but not before these improvements are made and urging rapid complete development of the facilities. Clmn. Skinner then reported on a meeting attended by clmn. Urbach and himself, persons and agencies concerned with the airport, and that it was felt an airport committee should be appointed by the Mayor Regular Meeting February 6, 1967 VOL 13 B I to represent the community, compile statistics, and promote immediate improvement of the local airport. Clmn. Skinner suggested letters be written to the Airforce stressing the Seward Safe Haven function, the need for airport improvements, similar letters to Civil Air Patrol,the various flight schools, and requesting the latter to confirm their ver- bal statements that they would be glad to come to Seward in the course of their activities except that the airport is not in good condition; similar letters to the various flying clubs and including invitations to them to use the local airport. It was suggested that the Airport Improvement Committee might be Mr. Oliver Amend and Mr. Pat Alvarez. Clmn. Urbach advised that one of the functions of the FAA is to show local people how to secure airport improvements and the committee would be people they could work through to accomplish real progress. Clmn. Skinner advised that as a beginning to secure the traffic data needed for an improvement program, that a photoelectric counter light on a tower to count landings and take-offs is needed. Clmn. Lantz reported his request to the legislative delegation not to spend any more money on this present location but to work for moving the airport North and having made another advance toward that 90al recently, would not be in favor of any resolution accepting maintenance and operation responsibi- lity in the present location. Myr. Kirkpatrick asked the Council to approve his appointment of Mr. Oliver Amend and Mr. Patrick Alvarez to spearhead the Airport Improvement Committee. Clmn. Urbach - I would move that your appointment of Oliver Amend.and Patrick Alvarez as Air- port Improvement Committee be approved. Seconded by Clmn. Smith. Clmn. Lantz requested further discussion on maintenance and operation of the airport by the City sometime in the future and this was discussed in detail along with review of previous offers and conferences and includ- ing discussion regarding the manner to proceed in developing better air- port. Vote on Clmn. Urbach's motion - CImn. smith Yes; Clmn. Cole Yes;; Clmn. Lantz, I would like the record to show that I am voting "No" sim- ~because I believe this grou~is being appointed solely for the pur- pose of improving this airfield and not for the purpose of studying an alternative; Clmn Urbac~ Yes; Clmn. Skinner Yes; Myr. Kirkpatrick Yes. Motion carried. I (2) Mayor Kirkpatrick advised that he had received a request from a ci- tizen for a moratorium on the penalty on utility bills and decided not to do this; (3) Clmn. Skinner reported on the power pool meeting which he had atten- ded in addition to the minutes distributed to the Council, advising that some areas had reported at the meeting an immediate need for large am- ounts of power and that they had to know now where the power was coming from and that the ~ool needed to be in operation right then; that the Corps of Engin~~~~ ~En~R~l~~eting had suggested review of the Bradley Lake Project as it appeared the costs for that project were somewhat less than others; that the plan was to gather samples of various power pool organization to try to work up a workable arrangement of which Mr. Schultz of CEA predicted failure and of which Mayor Rasmussen of Anchorage said, "it had to work". I Myr. Kirkpatrick reported that he had attended the next meeting which almost fell apart after the people from outside Anchorage waited from 9:00 am to 10:00 am and later for the Anchorage people to straggle in (CEA's director arrived after lunch and Anchorage's mayor did not arrive at all) and the discussion centered on the immediate technical problems of the dty of Anchorage, so that he had told the group that he thought they were drawn together to talk about long-range plans for the benefit of everyone in the area and if it was just to be how to solve Anchorages problems, he did not know if he wished to participate further; that the Corps of Engineers representative had expressed the same opinion and recommended the City of Anchorage and Chugach Electric Association sett their problems first; which recommendation was agreed to by the CEA Di- rector and the group was then divided into two committees, one for long- range planning on which the Seward representative will serve, and one for technicalstudy and recommendations including whether or not a gas turbine plant should be built in the immediate future. (4) Clmn. Urbach advised that the Chamber of Commerce had named Mr. E. G. Skinner to be chairman of the Silver Salmon Derby Committee and he 10 Regular Meeting February 6, 1967 Special Meeting February 16, 1967 had accepted: (5) clmn. Lantz advised he was quite disturbed about the matter of minutes as it was approximately seven months since the Coun- cil had had any minutes and they were going to be very voluminous and requested something be done on an urgency basis in this regard: (6)The Assemblymen requested council position with regard to discontinuing the sales tax exemption on the amount of each sale in excess of $500 as the chairman is undertaking a study on this and may recommend discontinuing it. The Council discussed this in some detail, especially as regard the businesses involved in large amount sales and determined it was in favor of the exemption as necessary to retain such sales in the Borough; (7) Clmn. Lantz advised that he and other local persons interested in the Resurrection River Road had met and were searching for ways to get the road completed and reported on the status of legislation in this re- gard and would present their report to the Chamber of Commerce. VOL 13 (8) Clmn. Lantz advised the Borough had passed its Resolution 66-28 call- ing for the delinquent property tax list on or before March 15, 1967. Myr. Kirkpatrick advised he had conferred with the City Attorney the pre- vious Friday regarding the details of the contract between the Borough ~d the City in connection with the delinquencies and foreclosure thereof and had arranged for the city Attorney and the Borough Attorney to work out the legal details and while he expected to receive the proposed agree- ment by the end of the week, until this is set up, the matter cannot pro- ceed, noting that there has been a difference of opinion between the City and the Borough to the detriment of the City in this regard, and would bring the proposed agreement to the council: (9) Myr. Kirkpatrick referred to Item 10(5) and mentioned that upon entering into this arrangement,had asked for the council's forebearance onSome things and noted there are things more important than minutes and that he was not expecting to receive any minutes until after the city manager was at work. clmn. Smith- I move we ad'ourn. adjourned at 11:10 p.m. ~d-.iU('L 7, '?L'kIL0 Beatrice E. Watts City Clerk-Treasurer meetin Special Meeting February 16, 1967 A special meeting of the Seward City Council for the purpose of (l)Call To Order, (2) Roll Call, (3) Receive final plans and specifications for the general purpose cargo dock and boat lift, Phase II of the EDA Harbor Improvements Project: and approve same: (4) Authorize advertisement for bids to construct the above Phase II of EDA Harbor Improvements Project upon approval of plans and specifications by EDA, was called to order at 7:,30 pm by Mayor R. W. Kirkpatrick. Roll Was called and those present were: Mayor Kirkpatrick: Councilmen Chas. E. Cole, Sr., W. J. Lantz, Lawrence Urbach and E. G. Skinner. Clmn. Maynard willburn arrived about 7:35 p.m. and Clmn. Tom P. Smith arrived about 7:50 p.m. Loren Lounsbury, Donald Dent and Steve Brown were present for Hewitt V. Lounsbury & Associates. Mr. Lounsbury presented thgr~Inal plans for the general purpose dock and boat lift advising that the specifications were completed but not yet printed, the reason for delay being the difficulty securing specifications and data for the two cargo cranes: that the plans are complete except for the 220 volt electrical system discussed with the council last week, and advised that the electrical engineer had worked out a very good sys- ~m at a reasonable cost: that plans and specifications would definitely be complete by the middle of next week. Mr. Lounsbury advised that they would like to have the Council's preliminary approval at this time so that they could send the plans and specifications to EDA for their app- roval as soon as the above items have been included in the documents, noting that this procedure would give EDA the time it needs for review and that they would bring the plans back to the council for final approv- al for advertising for bids, which they were scheduling to commence on March 15, 1967 and scheduling the opening on April 15, 1967. I special Heeting February 16, 1967 Regular Meeting February 20, 1967 Mr. Lounsbury expressed his regret that the specifications were not ready for the council and reviewed the following items in addition to the type construction which had been previously discussed in detail: (1) the many requirements of the Government; (2) the pen alty for fail- ure to complete on schedule set at $200 per day; (Clmn. willburn arrived at about this time); (3) term of construction set at 135 days from no- tice to proceed; and Mr. Lounsbury requested the Council's preliminary approval. clmn. Lani;;z inquired about any need to resubmit the plans to EDA if the councilh~8rther changes that final meeting and Mr. Lounsbury explained this would not happen as EDA had set forth in writing all of the items in which they had an interest, and these things had already been written into the plans and specifications. Clmn. Skinner requested careful checking of the threads on fire hydrants to be installed in this project so they would be uniform in system as this had not been done in the reconstruction work and some hydrants in harbor area had left hand threads. Hr. Lounsbury advised he would check this very carefully as left hand threads are not standard. Clmn. Skinner also suggested the light pole near the cargo crane be moved to facilitate cargo handling. (Clmn. smith arrived at this time.) clmn. Willburn - I move for prelim- inary approval of the plans and specifications for the qeneral purpose carqo dock and boat lift of the BDA Harbor Improvements Project. Secon- ded by clmn. Urbach. Vote - Unanimous yes. VOL 13 11 Myr. Kirkpatrick advised that Alaska State Housing Authority was defin- itely interested to purchase any excess fill which the City might have from the dredging and this was discussed as possibly amounting to 60,000 square yards or possibly none at all and Mr. Lounsbury was requested to be careful not to place any fill further North than was necessary. Mr. Lounsbury mentioned that the revised Phase I contract documents, signed by the contractor, were before the City for signing, which com- pleted that part of the Phase I work. I Mr. Lounsbury then requested the Council's approval of the price quota- tion for the mobile boat lift from Marine Travelift, Inc. of Sturgeon Bay, wisconsin including steel slings in two sizes, three sets of sling rovers, 304 feet of cable and and 24 feet of cable drop, f.o.b. dockside Seward for $31,999.60, firm quotation for 30 days and shipment within 90 days of receipt of order with l~/o down; city to furnish crane for erection and assistant to erection supervisor; seller to furnish the services of a factory erection supervisor. Mr. Lounsbury advised this was the boat lift which he had discussed previously with the ~uncil and secured EDA's approval for the city to purchase it direct at a con- siderable saving over including it in the call for bids. The specifi- cations and publicity data were reviewed in detail by Mr. Lounsbury for the Council including information that Alaska Marine Equipment, Inc. would be the Alaska representative for this firm so that the City could expect to have good maintenance service; would train the city's operator and would stock normal repair parts. Clmn. Urbach - I would move that we accept this quotation on thirty day basis and order same within the thirty days for the quoted price of $31,999.60. Seconded by Clmn.Smith. Vote - Unanimous Yes. I Item 4 - clmn. Smith- I move that we table Item 4 on the aqenda until the plans come back from EDA with their approval. Seconded by Clmn. Cole. Vote - Unanimous Yes. Clmn. Skinner - I move we adjourn. Myr. Kirkpatrick declared the meeting adjourned at 8:20 p.m. fie;' A' L7J; C7, 7 7L /Y dr Beatrice E. Watts City Clerk-Treasurer -11, Lv -)/, ~ ' .L' . t...-z-' ~ 1 Vt- R. w. {irkpatrick Mayor - - - - - - - - - - - - - - - - - - - - - - - - REGULAR MEETING FEBRUARY 20, 1967 The regular meeting of the Seward City Council was called to order bv ~ayor R. vl. Kirkpatrick at 7 :40 p.m. 'on February 20, 1967. The open~ ~ng ceremony, Pledge of Allegiance To The Flag, was led by Councilman 12 VOL 13 REGULAR MEETING FEBRUARY 20, 1967 wLllburn. Roll was called and those present were: Myr. Kirkpatrick7 Councilmen Maynard Willburn, E. G. Skinner, Lawrence Urbach and Y^!. J. Lantz. Clmn. Tom P. Smith arrived at approximately 7:50 p.m. and Clmn. Colc was absent. There were no minutes ready. Item 5 - Citizens Discussion and Public Hearinqs - (1) Maqistrate Schaef- ~~~yerreported regarding the Alaska Alcoholic Planning Conference held on January 8, 1967, briefly summarized here as follows: that the study had been performed under a Federal Grant at a cost of $5,000.00 by many very competent people who hoped that it would not be alost effort, as the alcoholism problem in Alaska is about twice that of the other states, so that these people who work with all aspects of the alcoholism problem in Alaska, had prepared some very detailed recommen- dations to the local and state governments, realizing that the imple- mentation thereof would cost money, but also realizing that treatment of alcoholism at the present time is costing a great deal of money as well as being a very serious problem in the communities and in need of enliqhtened correction. ~mn. Smith arr~ved~~t this time.) Mrs. Schaefermeyer continued that the legislature is making laws that it is not lawful to incarcerate or punish an alcoholic but the courts do not yet have the guide lines for determining or handling the cases, and this was a reason for the recommendation that the Federal Health Plann- ing Program include alcoholism as an illness and that this be taken up in the 1968 Legislature7 to question advised that the conferees had not prepared the Jegislation as there had not been sufficient time, and they did understand the legislation would be presented. Mrs. Schaefermeyer reported that the conferees stressed responsibility of local communities in prevention of alcoholism to compliment the Fed- eral or State treatment program and advised that, of course, whatever would be done in this regard was for the Council to decide, and this was the purpose of her report at this meeting and also in having pre- viously distributed copies of the conference report to all ITlembers of the Council. This was discussed briefly and the Clerk was requested to include an item in the next council discussion agenda; Discuss ways and means in regards to complimenting the recommendations of the Ala- ska Alcholic Planning Conference - primarily to name the people the Council wishes to bring together to discuss this rnatter. Item 6 - Communications -- (1) J.etter fr<2!!L_Senator Grueni~~}\sEi-E_tant regarding the fish protein plant site with attachment letter from Sec- retary of the Interior regarding funding not earlier than July 1, 1967, site criteria, and the information that Seward was on the list of poss- ible sites, so should therefore continue efforts to secure that industrY7 (2) Letter from Robert Duspres requesting support for his proposed leg- islation to require the state to pay principal and interest on any gen- eral obligation bonds for school purposes which are in default for ten days or more, including his reasons therefore7 no response from the Counci17 (3) Clmn. Lantz a.dvised that "the Chamber of Commerce had sent a detailed letter to the Governor regarding the importance of the tourist industry in Seward, and particularly requesting the State to sponsor immediate action to complete the Resurrection River Road to the Mile 8 Glacier Campground Site, suggesting the use of State equipment and volunteer operators to complete the construction at minimum costs. Mayor Kirkpatrick read the letter to the Governor from the Chamber and Clmn. Lantz's suggested letter of endorsement: RESOLUTION NO. 605 WHEREAS the City Council of The City of Seward fully concurs with the requests and facts as outlined in the letter to the Honorable Governor Walter J. Hickel as regards the Resurrection River Road and it's poten- tia17 and WHEREAS the City Council feels this is a priority project, and is assist- ing "the Chamber of Commerce in whatever way possible7 NOW, THEREFORE, BE IT RESOLVED that the city Council of The City of Seward urgently petitions Governor Walter J. Hickel and the Legislature of the State of Alaska to favorably consider the request of the Seward Chamber of Commerce at the earliest possible date in this worthwhile I I I REGULAR MEETING FEBRUARY 20, 1967 VOL 13 13 and pioneer project. Passed and approved by the City Council of The city of Seward, Alaska, this 20th day of February, 1967. Clmn. Urbach - "I would move that we endorse the letter and approve the Resolution." Seconded by Clmn. Lantz. Vote - Unanimous, yes. Mayor Kirkpatrig~ called recess at 8:45 p.m. and reconvene_d the meetin~ at 8: 55 .E..~~~._~ij:h_ the same membe:t:'~esent as were present at the recess. (4) Clmn. Skinner requested an item on the agenda for Expression of Appreciation to Mayor Kirkpatrick for the work and effort he had under-- taken during these past months to serve as both Mayor and Acting City Manager. Clmn. Skinner then read an certificate of Appreciation signed by all Councilmen and presented it to Mayor Kirkpatrick. Mayor Kirkpat- rick thanked the Council for this expression and for their forebearance and help in the work during these trying past months. Item 7.1 - Mayor Kirkpatrick advised that he and the City Manager had met that day with Mr. Rusell Anderson of the International Brotherhood of Electrical \~orkers, with Marvin Viale, employee Shop steward, and with Bob Hammond, Electrical Department Foreman regarding the wage increase as requested; that they did not have an actual proposal and as the new City Manager had just arrived, the matter was Eostponed until no laterthan the first_of J\cJly with the one stipulation normal to all union negotiations, that i:t;.?t_ reopeninq, a waqE? increase was granted that it would be retroactive to this date. Item 7.2 - Midnight Sun Broadcasters, Inc. letter of February 8, 1967 requesting further delay in acceptance date of the cable television con- tract ordinance, which was to have been accepted not later than February 1, 1967 for August 1, 1967 completion of construction, based on earlier extension, was reviewed; this request based on Mr. Bramstedt's illness. clmn. Urbach - I would move that we table this until further contact from Mr. Bramstedt. Clmn. willburn asked for how long and clmn.Urbach advised he was thinking it might go on for a time inasmuch as the pro- ject did not look promising and no other qood offers. Clmn. Lantz};5:::: quested permission to abstain from voting on this subiect as he had a financial interest in it. clmn. Skinner seconded. Vote - clmn. wi11- burn No: Clmn. Skinner Yes: Clmn. Urbach Yes: clmn. Smith No: Myr.Kirk- patrick Yes. Motion failed. Clmn. Lantz joined the audience and suggested that the subject be delayed until all members of the council were present. clmn. Willburn and Smith explained their objection to tabling as being in effect extending the contract completion date to a time when probably there would be no con- struction in 1967, noting that it was supposed to have been installed in 1966. The applicable terms of the contract ordinance were reviewed and clmn. willburn advised he thought it should be determined when the ser- vice would be available, or if not at all that someone else should have the opportunity. Mr. Lantz briefly reviewed the background of the present television ser- vice and lack of financial support, advising that they had received much technical assistance and help from these people and cautioned against irresponsible operators: that the financial outlook under the proposed contract is uncertain but they hope to grow with the community; that he was concerned about the completion date also and reviewed his concern at an earlier meeting that there be time for another company to come in if the council tool~ this choice: requested the Council to continue this offer: questioned the August 1 completion date and advised he did not believe that Midnight Sun understood those terms; advised that he had a financial interest in this to the extent that a prime reason for his pur- chase of the log cabin was to provide a qood transmission station from that location; and urged the council not to be hasty at this time as this was a good reliable Alaskan firm with experience. The matter was discussed and it was suggested the contract acceptance date might be delayed without changing the installation completion date if the system could be built in less than six months. clmn. Urbach - 14 VOL 13 Regular Meeting February 20, 1967 J ~ould move that we contact Midnight Sun Broadcasters, Inc. further and 2rrange a contract with them keeping in mind the August 1, 1967 date for completion. Seconded by Clmn. Skinner. Vote - Clmn. Willburn N(); Clmn. Skinner Yes; Clmn. Urbach Yes, Clmn. smith Yes, Myr. Kirkpat- rick Yes. Motion passed. Clmn. Lantz returned to the Council Table. Item 7.3 - The City Attorney's request for permission to take Mr. Cam- eron's deposition and incur the cost of taking it was read. clmn. Willburn - I move we instruct the city Attorney to proceed with his dis- cussed measures. Seconded by Clmn. Skinner. Clmn. Smith asked how far apart potential settlement was and it was reviewed that the suit was in excess of $20,000, that the city was ready to pay $500 withheld when certain work finished; that the City had received and refused an offer to settle for $2,500, had offered to settle for $1,100 and upon rejec- tion of the offer, had advised this was only offer. Vote - Unanimous Yes. Item 7.4 - Application of American Legion Auxiliary No.5 for renewal of permit for Authorized Games of Chance and Skill and financial state- ment for the previous year were reviewed by the Council. Clmn. Urbach- I move we approve the request of the American Legion Auxiliary. Seconded by Clmn. Willburn. Vote - Unanimous Yes. Item 7.5 - Resolution No. 600 was read in full as follows: RESOLUTION NO. 600 BE IT RESOLVED that the Seward Branch, First National Bank of Anch- orage shall be the paying and receiving agent for funds deposited in The city of Seward checking accounts bearing the following names: City of Seward General Fund, City of Seward Electric Department Bond Redemp- tion and Reserve Funds; city of Seward 1953 Series Water Department Bond Redemption and Reserve Funds; city of Seward 1962 Series Water De- partment Bond Redemption Funds, City of Seward El.re station C onstructi on Account; city of Seward 1965 General Obligation street Improvement Bond and Interest Sinking Fund Account; and City of Seward Street Improve- ments Construction Account; and BE IT FURTHER RESOLVED that said paying and receiving agent is hereb y instructed to honor all checks drawn on the above listed accounts when bearing any two of lthe following authorized signatures: Beatrice E. Watts /signed/ Kester L. Dotts /signed/ R.W.Kirkpatrick/s/ This Resolution shall be effective on the date of passage and approval. Passed and approved by the city Council of The City of Seward, Alaska, on this 20th day of February, 1967. clmn. Skinner - I move for approval of Resolution No. 600. Seconded by clmn. Smith. Vote - Unanimous Yes. Item 7.6 - Resolution No. 601 was read in full as follows: RESOLUTION NO. 601 BE IT RESOLVED that Section 2 of Resolution No. 493 passed and approved by the city Council of The city of Seward, Alaska, on the 7th day of February, 1966 authorizing Fred J. waltz to furnish such information as the Economic Development Administration, U. S. Department of Commerce, may reasonably request in connection with an application for grant and loan for industrial site development, dredging, dock and boat lift in the Seward Municipal Small Boat Harbor, Project No. EDA 07-1-00099, be and is hereby amended to read: 2. That Kester L. Dotts, city Manager, be and he is hereby authorized and directed to furnish such information as the Economic Development Administration, U. S. Department of Commerce, may reasonably request in connection with the application which is herein authorized to be filed. This Resolution shall be effective on the date of passage and approval. Passed and approved by the city council of The city of Seward, Alaska, this 20th day of February, 1967. Clmn. willburn - I move we approve Resolution No. 601. Seconded by Clmn. Smith. Vote - Unanimous Yes. Item 7.7 - Resolution No. 602 was read in full as follows: ?0.gu'.ar :v:eeting Fe')ruary 20, J.967 VOL 13 15 I RE~OLUTION NO. 602 BE IT RESOLV_~D tha'c ::;ec1~ion 2 of Resolution No. 286 passed and approved on the 5th dill' of November 1961 by the Seward city Council, and Resolu- tion No. 558 passed on the 10thday of September, 1966 by the Seward city council, authorizing and directing the certain officer of The city of Seward to furnish such information as thE' Wmsing & Home Finance Agency may reasonably request in connection witt: project No. I,PW-Alaska-26G, Street Improvements, City of seward, Alaska, be and is hereby amended to read: 2. That Kester L. Dotts, city Manager, ce and is hereby authorized and directed to furnish such information as the Housing and Home Finance Agency, (now the Department of Housing and Urban Development), may re- asonably request in connection with the above named project. This Resolution to be effective on the date of passage and approval. Passed and approved by the city council of The city of Seward, Alaska, on this 20th day of February, 1967. Clmn. Willburn - I move we approve Resolution No. 602. Clmn. Skinner. Vote - Unanimous Yes. seconded by Item 7.8 - Resolution No. 603 was read in full as follows: I RESOLUTION NO. 603 BE IT RESOLVED that 3ection 2 of Resolution No. 563 passed and approved by the City council of The city of Seward, Alaska, on the 17th day of October, 1966 authorizing R. w. Kirkpatrick to furnish such information as the Secretary of Commerce of the U.S.A. or his designee may reason- ably request in connection with an application for a grant under PL 89- 375 for a municipal campground, be and is hereby amended to read: 2. THAT Kester L. Dotts, city Manager, be and he is hereby authorized and directed to furnish such information as the Secretary of Commerce or his designee may reasonably request in connection with the applica- tion which is herein authorized to be filed. This Resolution to be effective upon passage and approval. Passed and approved by the city Council of The city of Seward, Alaska, this 20th day of February, 1967. clmn. willburn - I move that we adopt Resolution No. 603 seconded by clmn. Skinner. Vote - &1 in favor. Item 7.9 - Resolution No.604 authorizing Agreement for tax foreclosure procedure between City and Borough - Myr. Kirkpatrick referred first to the Agreement and letter of explanation from the City Attorney which had been supplied each Councilman, explaining that this was the agreement the city had been working out with the Borough legal and administrative departments to handle foreclosure of taxes for the periods both before and after the inception of the Borough. 'rhe draft of Resolution No.604 approving the Agreement was read and the Agreement briefly described as designed to protect both the city and the Borough taxes, protecting the city's right to title of lands within the City foreclosed for taxes and providing for the conditions of administering the foreclosure by either the cityor the Borough as the city might elect. I clmn. Lantz requested this item be tabled, advising that he planned to introduce resolutions at the next Assembly meeting to confirm earlier agreement regarding cities to have title for lands foreclosed for taxes prior to Borough inception, which he thought would make parts of the Agreement unnecessary, and desired study of some of the technical detail~ Myr. Kirkpatricl, advised that while the Agreement would need to be ap- proved by the Assembly as a whole, that the reason for having the Attor- neys work out the details was its legal and technical nature, and that he understood there was an urgency in this matter. Clmn. Lantz advised that a Borough Assembly meeting would be held the day following the next council meeting and that he understood from Borough administrative cor- respondence that the urgency was lessened by the amount of work to do in preparation for the foreclosure. Clmn. Smith - I would move that we table this until our next reqular meetinq. Seconded by Clmn. urbach. Vote - Unanimous Yes. clmn. willburn requested a copy of clmn. Lantz' proposed resolution to the Assembly and he said he would supply to all. 16 VOL 13 Regular Meeting February 20, 1967 & Marc~ 6,~SG7 Item 7.10 - Legislative bills for recommendation - None. Item 8 - Reports from the city Manaqer - Myr. Kirkpatrick advised that having that day resigned as Acting City Manager, that he would report (1) that the Hospital modifications final inspection was made and th~ ei ty recorded minutes, and that the modifications and worl:manship were very fine, that two minor deficiencies would be corrected as soon as materials arrived. Item 9 - Council Discussion - (1) Myr. Kirkpatrick requested planning for the Seward Memorial Thanksgiving Day which the 1964 Resolution sets for the first Sunday after Easter, and recommended that the Harbormaster Office Building be dedicated as a memorial to those who lost their lives in the 1964 disaster; that there was not money now to build a permanent monument or building such as discussed from time to time, though he re- commended this plan be kept alive and completed; but recommending that this dedication as a memorial in the area where most loss of life was suffered be made at this time. The Council agreed and requested the city Manager to arrange for same with invitations to appropriate dignataries and with the assistance of the local clergy. (2) Clmn. Skinner inquired whether Valdez had paid the fire truck rental yet and the City Clerk advised the first six months received that day. (3) elmn. Lantz advised problem might develop regarding easements for City's power line along the Highway if his own experience typical, and which he explained in detail. Myr. Kirkpatrick requested Clmn. Lantz to give all this information to the city Manager for handling. (4) Mr. Gerritt Hoogland inquired when the city's proposed campground and facili- ties were to be advertised for bid and the Mayor explained that it was to be built by city crews on an in-kind matching basis as the City could supply men and equipment but did not have any money to put in the project. Mr. Hoogland spoke in favor of construction by private contractors. Item 10 - Clmn. Lantz - I would like to move that we recess into execu- tive session on a personnel matter. clmn. Urbach - I don't know what it is about, but I would second this if the Councilman feels it is im- portant. clmn. Lantz - I do. Vote - Unanimous Yes. Item 11 - Executive Session and Kirkpatrick at 11:05 p.m. ~dt;;;G~~ z/(bLt) Beatrice E. Watts City Clerk-Treasurer Regular Meeting adjourned by Mayor lv</ >ig~) R. W. K~ kpatrick Mayor - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Regular Meeting March 6, 1967 The regular meeting of the Seward City Council was called to order by Mayor R. W. Kirkpatrick at 7:45 p.m., March 6, 1967. The opening cere- money, a prayer was lead by Clmn. Skinner. Rolyrgalled and those pres- ent were: Mayor Kirkpatrick; Councilmen E. G. Skinner, W. J. Lantz and Maynard Willburn. Clmn. Tom P. Smith, Lawrence Urbach and Chas E. Cole, Sr. were absent. city Manager Kester L. Dotts and City Attorney Joe Josephson were present. No minutes were ready. No person had requested audience of the council. Item 6 - Communications - (1) Letter from U.S.Army advising that it would relinquish lease so the Alaska Railroad could give the land to the City along with sanitary sewers, sidewalks, etc., providing the city would accept responsibility for the old buildings. The Manager advised that he and the Mayor would be conferring with Urban Renewal and the Alaska Railroad the next day on this over-all subject and, if after that conference, the City wished to accept these buildings that he would have a resolutiQn for the next meeting. (2) Kenai Peninsula Borough advises that the Borough will foreclose on 1965 and 1966 taxes on or before March 30, 1967 and without the city un- less immediate City action. The Manager referred to agenda items 7.1 and 7.6 for which the Borough Chairman and Attorney had been invited as well as the city Attorney in accordance with the muncil's instructions. (3) phase II EDA Harbor Contract documents sent by Engineer to EDA for approval. Regular Meeting March 6, 1967 VOL 13 17 6. (4) clmn. Cole's resignation from the Borough Assembly effective March 9, 1967 due to anticipated extended absence for reasons of health was read. clmn. Skinner - I move we accept the resignation of chas.E. Cole, Sr. from the Borough Assembly effective March 8, 1967 at the close of the day. seconded by clmn. willburn. Vote - Unanimous yes. I (5) Clmn. Skinner advised that when he accepted the first alternate posi- tion he did not foresee any assemblyman duties for an extended period of time such as this would be, and that, as clmn. cole and he worl,ed for thE same firm, he would have extra duties at work also, and therefore reques- ted to be relieved and it was agreed the second alternate should serve for these reasons. clmn. Skinner - I move that we appoint Councilman Tom P. Smith as the second Assemblyman to the Kenai Peninsula Borough Assembly. Seconded by Clmn. Lantz. All in favor. I Item 7.1 - Resolution No. 604 authorizing Agreement for Tax Foreclosure Procedure between City and Borough - clmn. Lantz requested permission to first present copies of the Resolutions which he planned to introduce to the Assembly the next day, requesting Council recommendations with re- gard to the Borough's intent to foreclose on 1966 taxes and with regard to securing formal action on the city's right to secure title to fore- closed property within the city,noting he did not think much conflict between his resolutions and the proposed l\greement. Myr. Kirkpatrick concurred and Clmn. Skinner requested discussion on the proposed Agree- ment first, which was then introduced and reviewed in detail by the city Attorney with note that it conformed to the Borough Act which anticipates the Borough only being in the tax assessing and collection business,but the Agreement includes broad exceptions to give the city maximum voice and flexibility, especially regarding taxes assessed prior to 1965. The Borough Chairman, Attorney and members of the Assembly arrived during the presentation and discussion thereof. The city Attorney sumrnarized that there were Borough policy decisions which the Assembly would have to make and on which this proposal silent; that basically it provided for the City to take possession of the foreclosure at any stage in the fore- closure proceeding and add to its lien thE' Borough liens; and provides for the city to take possession of such property as it wishes with pro- tection of the Borough's claim, after foreclosure is complete. Clmn. Willburn asked if under Clmn. Lantz' proposed Borough resolutions it would be necessary for the city to select all parcels or no parcels for city foreclosure and clmn. Lantz said not so intended. Myr. Kirk- patrick noted that the Borough legislation needed to be considered as Borough policy while the proposed Agreement would implement the policy. The City Attorney advised there might be a conflict in the two documents as the premise of the draft Agreement was that the Borough is the collec- tor and as he understood the proposed resolution, it provides only for the Borough to grant this authority to the city at city request; that he thought the draft Agreement gave more options to the city. I This was then reviewed with the Borough Chairman and Attorney, particu- larly the city's wish to have a voice in policy as regards foreclosure within the city and to ~~ve maximum flexibility regarding taking specific liens at any time befo~e7Si during the foreclosure proceedings. The Bor- ough requested the taking of liens during foreclosure rest on the statute but the city preferred to include in the Agreement. It was agreed that both foreclosure actions should be undertaken at the same time. The Borough Chairman advised Resolution No. 66-.12 had been specifically for the city of Kenai after it had gone ahead on its own and the city Clerk advised that on request for an agreement, it had been offered to the city of Seward as the total agreement and ,vhich was the reason this pro- posal was under preparation. Myr. Kirkpatrick reviewed that the city diel not wish to be at odds with the Borough and did not wish to retain any assessing and collecting auth- ority, and glad to give up title t'J IlLOSt property foreclosed, but that there would be certain parcels within the city for which the city would want to have title rather than the Borough and that on this the City was adamant in its claim of first right, and felt that the options of the proposed Agreement were what the City needed, and that it would be fair to the Borough as a whole. 1~ vc 13 Regular Meeting March 6, 1967 T~e Borough Attorney advised that the Borough Code provides that at the conclusion of foreclosure the Borough will deed all those properties to the City upon payment of the charges against them, and advised he disliked agreements when the law would handle it. Clmn. Lantz advised there had be8n discussions in the Borough Assembly regarding what happens to fore- closed property and that there was no unanimity of feeling and some claims that the Borough had first choice. The city Attorney advised that he felt it was important to include that item in the Agreerrlent though it follows the wording in the statute very closely. The City Attorney asked if the resolution for Kenai was still in effect and if it was unique to Kenai and the Chairman advised that Kenai had proceeded earlier, that the other cities had turned their rolls over to the Borough; further that the provisions for 1965 and 1966 foreclosure were added to the resolution to take care of the fact that foreclosures for those years were coming up and had to be provided for for simultane- ous action. Myr, Kirkpatrick advised that the City agreed any action in- volving foreclosure on a particular parcel or roll should be simultaneous but that this brought up the matter of City perogative to determine when foreclosure would be undertaken as with a depressed economic condition such as Seward had now, that the IDrough could in effect wipe out the busi- ness community of an area, and advised that here also the Council was adamant in its demand for a voice in policy. The Borough Assembly Presi- dent advised that he and a number of other Assemblymen realized foreclos- ure immediately upon delinquency was a poor policy in this instance and had amendments to present to the Assembly the next day. The Borough Chairman recommended immediate foreclosure and establishment of a system of special exemptions. Clmn. Willburn - I move that we table Resolution No. 604 allowing the City Attorney, Mr. Josephson, to make any necessary revisions to his draft, necessary from this meeting, and also allowing the Assembly time to act on amendments to resolutions or to enact reolutions regarding these taxes. Clmn. Lantz - I will second it for discussion purposes. Assembly president Simonds reviewed his earlier comments, and continuing, for himself not as spokesrnan for the Assembly, that if such were approved the next day, that the Attorney would be instructed to draft an ordinance for deeding such land to the cities; that a number of Assemblymen had ex- pressed to him the desire not to pick up land within the cities; that he thought the matter of the agreement was a separate issue, which would be more clear after the meeting the next day; that he saw no conflict which could not be properly resolved to the wishes of the people of Seward. The City Attorney advised that he thought the two parties were really very close on this; furthest apart on the collecting during foreclosure, which from a lawyer's point of view should be with the Borough to save duplicate expense; that if the Council did not have the option for the benefit of a hardship case, etc., that it could still, as a lienholder under the stat- ute pay and add to its lien; that there seemed to be no question regarding control of property. Myr. Kirkpatrick called recess and reconvened the meet- with the same members present as were present at the recess. The City Attor- ney reviewed his instructions as being authorized to draft an agreement de- leting para 3b.whereby City would be Borough agent, which the Borough Attor- ney objects to most strongly and which he thought least necessary to the city, and this subject to become a Borough ordinance including provisions under which property within a city would come in title to the city. elmn. Lantz asked what would happen if the date for foreclosure action was not delayed at the meeting the next day and the Chairman advised the Borough had to have more time to get legal descriptions, etc. and had to ask for delay until the end of May. Mr. Josephson said he thought he and M r. my agreed that the statute covers the matter of the city taking any properties off the foreclosure roll and Mr. Ely said that he agreed to this, and that if the city did not send them any taxes, that they would just not be included in the Borough action. Myr. Kirkpatrick reminded all parties that the City was talking about an agreement to handle the period both sides of Borough auth- ority and lasting policy on the items so indicated above. Vote on elmn. Willburn's motion - Unanimous Yes. I Regular Meeting March 6, 1967 Item 7.2 - Resolution No. 606 was read ln full as follows: RESOLUTION NO. 606 BE IT RESOLVED that the Seward Branch, First National Bank of Anchorage shall be the paying and receiving agent for funds deposited in The city of Seward checking account for the 1967 Harbor Dredging and Facilities construction Account; and BE IT FURTHER RESOLVED that saidpaying and receiving agent is here- by instructed to honor all checks drawn on the above listed account when bearing any two of the following authorized signatures: Beatrice E. Watts /signed/ Kester L. Dotts /signed R. W. Kirkpatrick /signed/ This Resolution shall be effective on the date of passage and ap- proval. Passed and approved by the City council of The City of Seward, Alaska, on this 6th day of March, 1967. VOL 13j 9 Clmn. Skinner - I move for the adoption of Resolution No. 606. Seconded by Clmn. Willburn. Vote - Unanimous Yes. Item 7.3 - Resolution No. 607 was read in full as follows: RESOLUTION NO. 607 BE IT RESOLVED that KESTER L. DOTTS, City Manager of The City of Seward, Alaska, be and is hereby named civil Defense Director for The city of Seward with authority and duties as set forth in Section 5.100 of Ordinance No. 349, The Administrative Code of The City of Seward. This Resolution shall be effective on the date of passage and ap- proval. Passed and approved by The City council of The Cityof Seward this 6th day of March, 1967. Clmn. Skinner - I move for the adoption of Resolution No. 607. seconded by clmn. Lantz. Vote - Unanimous Yes. I Item 7.4 - Resolution No. 608 was read in full as follows eXcept with name blank: RESOLUTION NO. 608 WHEREAS, The Kenai peninsula Borough Ordinance No. 15, Section 20. 10.5 provides that each city in the Borough shall nominate one member of the Kenai Peninsula Borough Planning Commission to be appointed by the Borough Assembly: NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of Seward, Alaska that DAVID A. BLUME be and is henby nominated to be a member of the Kenai Peninsula Borough Planning Commission and that this nomination shall be forwarded to the Borough Assembly by copy of this Resolution. This Resolution to be effective on the date of passage and approval. Passed and approved this 6th day of March, 1967. I It was noted that the previous appointmen1: had expired on February 15, 1967 with the expiration of term of office on City Commission and Mayor Kirkpatrick called recess to learn if present Chairman would be willing to accept this appointment. meeting reconvened with same members present as at the recess. Clmn. Skinner - I move for the adoption of Resolution No. 602 appointing David A. Blume as the nomination to the Kenai Penin- sula Borough Planning Commission. Seconded by Clmn. Willburn. Vote- Unanimous Yes. Item 7.5 - Resolution No. 609 was read in full as follows: RESOLUTION NO. 609 BE IT RESOLVED tha.t the modified form of Contractual Agreement For Insurance For The city of Seward dated March 21, 1967, effective October 1, 1966 for a term of three years between The City of Seward and Rupert C. Kulin d.b.a. Rupert C. Kulin General Insurance be and is hereby approved; and BE IT FURTHER RESOLVED that Resolution No. 564 passed and approved by the City Council of The City of Seward on the 17th day of October 1966, be and is hereby amended to repeal approval of the undated for~ of Agreement consisting of ten sections and three pages. This Resolution shall be effective on the date of passage and ap- ~u VOL 13 Regular Meeting March 6, 1967 proval. Passed and approved by the City council of The City of Seward, Alaska, this 6th day of March, 1967. To question the City Clerk advised that this was the Agreement which the cou:1cil had modified under Item 7C, October 17, 1966, with some addition-- a1 :cecommendations from the City Attorney. Mr. Josephson then reviewed the revised Agreement noting that paragraph 1. had been made consistent with the rotation intent; paragraph 3. (b) had been clarified to provide for the return of the prime agent to the "other agent status" and that rate of commission when prime agent term ended, also some stylistic changes in that paragraph; paragraph 5. had been improved by making clear that the intent of the City was that if the agent made recommen- dations in writing which the City did not accept and then a loss occurred, to define the extent of relief rather than the blanket relief of the old agreement; paragraph 6. an addition to give the reasons of term in ex- cess of that allowed by the Charter which he reco~nended as a necessary item to comply with the Charter; paragraph 11. an addition at recommen- datj.on of the staff. Amount of errors ane'. omissions insurance set at $100,000. To question the city Clerk advised that the Agreement just received and Mr. Kulin had not seen it. Mr. Josephson requested exami- nation of paragraph 3. (f) regarding non-participation of any new insur- ance agency in Seward, noting reptition and subtle conflict with other paragraphs and that paragraph 9. covered the topic. Clmn. Willburn - I move we delete paragraph 3. (f) page 2 of the Agreement. Seconded by Clmn. Skinner. Vote - Unanimous Yes. Clmn. Willburn - I move we adopt Resolution No. 609. Seconded by Clmn. Skinner. Vote - Unanimous Yes. The agenda was reviewed for items for which the City Attorney might be needed and there being none further, the Attorney was excused at 10:25 ~ with request from the Mayor to transmit any recommendations regard- ing proposed legislation which might affect municipalities to the Council. Item 7.6 - Resolution No. 610 Ordering 1967 Real Property Tax and Special Assessments Foreclosure Roll and all action to accomplish foreclosure; and repealing order to prepare 1964 Forecolsure Roll - Clmn. Willburn -"I move we table Resolution ~o. 610." Second~<'L12Y Clmn. Lantz. Vote - Un- animous ~ Item 7.7 - Legislative Bills for Recommendation - The City Manager noted that HE 164, the Public Service Commission Bill, had very little chance of passage this year and that he had written to the sponsors of the bill noting that they had tried to pass it for several years and had encounter- ed strong opposition; suggesting that they completely rewrite the bill so that it would be in harmony with bills in other states which do no-t include municipalities but leave the commission in a position to aid municipali- ties if they ask for assistance; advised the Council that he had a com.. plete file on this in case immediate protest was necessary. That HB l85, the Municipal Code, had very little chance of passage this year; that SB 147, Oil and Gas Exemption, probably had a good chance of being passed into law, and the Council had no comment; that SB 154, Author- izing the state to pay local special assessments, also would probably be passed; Clmn. Lantz requested recommendation regarding SB 72, Removing Sales Tax From Food Items, and Council advised it thought the tax base should remain broad and it was noted that probably the bill would not pass. Item 8 - Reports from the City Manager - (1) The City had received the Deed for the Seward Centennial campground with restrictions that it be used for recrea.tional purposes; (2) u. S. Departmen't of Com.merce had advised that the funds for such proj ec-tswere e;~hausted and very unlikely there would be any for this campground project; (3) had inquired of the various agencies, particularly outdoor Recreation, for funds for the Centennial campground and ,,,ill continue -to tr-"; (4) reported on -the paving seminar in Kenai where it was e;~plained -that a break ,through in Davina 'technoloqv had been accomplished and repor-ted that Sevlard ','loulc1 ~ut i~to use su;ll knowledge and had reques-ted a set or the paving books for -the Manager 's ofl:ice and the Public ~JGrks General Foreman 's o::::<:::ic8; I I I Regular l"ee1:J.n:::J;viarcQ 0, le:-'G7 21 veL 13 (C5) T'Clat the ci,ty would proba}')ll receive a petition frocnthe property Q\'mers on J:>Tth sides of Fourth ;:;'Tcmue business district Zor paving i,n tl1e alleys a't 100% owner expense as i'l: has been discussed ';:cefore anJ he had S~1S:J(~Jes-te0. 'c"b.a-t .t~e prope:c.t'y Q'idners ":llake -the requ.est J:'lY petii:JJ)n so tha.t arl"'l Ovlne:rs '.'J~l..O refuse t.O sign can '~-='e bille'). anc'. tbe Ci tv conld enforce pa .r;ceJl:t; t.,1at he had t:lld ,the lJr()perty owners that as soon as he could r;e't an es,timate of costs that '1e ",-auld pre:?arc a petition I:or them. (6) In repl' to the question had received notice from the Department of Highways that they proposed to raise Third Avenue frorn D Street north for about 1::i00 fee'i:, which would extend to about the south acces to the harbor area, the height of about 2 feet which he estimated would bring it to abou't the level of the fill on the east side of the highwa'f; tl.at this work was scheduled for 1967 construction; (7) that the transformer which burned up recently was due to a leak in a bushinc:j which let in water causing a direct short; that such transformers are difficult to locate and would probably would be operating from jus't the two transform-- ers until a}Y_)Lrt t'1e first of 't:,e month; (8) had been '!Jorking on t.he Electric Rate Orc1,inance and becore presenting it to ,the C01:,ncil wisJ.8c', to prepare numerous related chan0es; (9) that the Mayor and he would be meetin0 with the Alaska Railroad and Alaska state Housing Authority the next dav regarding transfer of the ARR propert! including the old Anny Rec Center; (10) Senator Palmer advises that the Resurrection Road is receivingi:avorable action; (11) Senator Palmer requests additional information on tbe use of the Seward Airport as he felt with the pro- posed airline merger that there was opportunity for changed use and improvement of the Seward Airport; (12) that further to (11) Senator Palmer advised that the H signal for bringing in planes was the first step in airJort inprovement, that t~1is wOlJld installeo, 01 ~"viation l\'utc.orities and lent to the Cit] for a :c,"odest mont~l'l fee; that the esi:imated C'Jsts of lighting ,the runways Vlas $50,000; and ,the Council discussed ,"a\'S 'to secure the information of airport use ,,,hich Senator Palmer neec'1ed. Item 9 - Council Discussion - (1) Mayor Kirkpatrick requested approval of the following appointments 'to a Steering Commi t'teeto s'tudy alcohol- ism io Seward and t:::J offer recQrm:nendations to the COlJncil for implement-. ing/8~Y~H:d t"le recommendations of the s'tate conferees on alcoholism and to/reco1Th'11endati:::Jns to him for additional mernbers. Cn the Seward Alcohol-- ism Conunittee; Mrs. Genevieve SC~1aefermeyer, Mrs. 0largare't Hafemeister, Mrs. La Preal Bie; Father Randall Mendelsohn, ~~. Dan Seavy and Mr. Ed Burke. The Council approved these appointments. (2) Clmn. Lantz reported off t'1e record on the Study Session between the Borough Assembly and the Borough School Board; (3) To Clmn. Skinner's question the City Manager advised that he had seen the rate study report; (4) Clmn. Skinner inquired about the increased revenue from the fire truck rental as pertains to increased Fire Department expenditures and this was discussed and determined that the revenue properlv had to go into the General Fund but that also the increased Fire Department expend- i tures had claim upon the General Fund upon completion of budgetary pro'- ceedures; (5) Clmn. Skinner made final report as liason for Acting City Manager KirkpatricJe to the Fire Department that during the last power outage the 'dater supply got very low and t:.e Fire Department suggests an auxiliary generator at the wells to be able to get water from that source when Chug ach Power is not available, or L.at an alternate solution had been suggested by the Electric Department J?oreman to rearrange the fuses so that the generators would supply power to the deep wells, and the City Manager advised he would look into this. Clmn. SkinnElr moved fo_r_2~jo~rnrn...ent._}1jayor Ki]:'kpatrick declared the meeting C!2jg_urne.d_.9-_t 10:40 p.m. , 1fJ2 d~L-<-~e,_~~ ?~~~ Beatrice E. Watts, Ci'cy Clerk-'Treasurer iL~~~_ R. W. _d.rkpatrick Mayor -- -- .... -. - .'- .'- - -- - ... -~ -~ - -- ~.,- -- -- -'. - -.". ~"2 VOL 13 Special Meeting March 17, 1967 1, special meeting of the Seward City Council for the purpose of (1) approval of final plans and specifications for phase 2 General Purpose DccJ:, Marine Lift and Roadway of EDA Harbor Improvements Project No. 07--1-'00089, and (2) authorize advertising for bids for phase 2 of EDA Project No. 07-1-00089 described in (1) of this agenda; said bids to be opened on Friday, April 21, 1967, was called to order at 10:00 a.m. by' Mayor R. W. Kirkpatrick. Roll was called and those present were Mayor KirJ:patrick; Councilmen E. G. Skinner, Charles E. Cole, Sr., and Tom P. Smii:h. Clmn. Maynard Willburn, Lawrence Urbach and W. J. Lantz were ab- sent. The City Manager and Loren Lounsbury and Donald Dent for the Engineer were present. Mr. Lounsbury called attention to the final plans and specifications which the Council had before them and for which verbal final approval had been given by Mr. David Wallace of EDA to be supported by written approval early the next week; that as the plans had been before the Council in almost complete condition recently he had arranged for adver- tising to start eight times within the thirty day period commencing Mon- day with bid opening April 21, 3:00 p.m. in Seward, in anticipation of the Council's formal approval at this meeting. Mr. Lounsbury called attention to the pre-bid conference to meet with plan holders and bidders prior to the opening of bids to discuss any problems or questions so that if an addendum should be necessary that it could be mailed to all plan holders in sufficient time to incorporate into their bids and that this would be held on April lOth in Anchorage as they felt the majority of plan holders would find that the most convenient location. Mr. Louns- bury requested the Mayor, City Manager and any other Councilmen possible to attend this conference. Mr. Lounsbury advised they had incorporated into the final plansall of the items from the last meeting when they were given preliminary approv- al; the 220 volt power is provided for, the light fixtures are relocated as requested; two each two ton cranes similar to the one ton crane on the present City Dock are provided for; and to question advised the only other changes to the pre-final plans last before the Council were some addi tions of hardware and so forth to make the plans more clear --" also provision for a larger guard rail which is now 12 inches by 12 inches. Mr. Lounsbury requested an Executive Session with the Council and Staff regarding financing of this project after this present meeting if this was appropriate advising that he though this should an Executive Session rather than an open meeting. Mayor Kirkpatrick asked Mr. Lounsbury if he saw any problems with tIle dredging which might affect the Phase 2 construction, and Mr. Lounsbury thought it would work out very well; also that they had asked the dredg- ing constractor to do a little extra work in fi~ting in the area gouged out by the State's Float Contractor, and that/woul~ not cost the City anything; and that the dredge work was going very smoothly and should be finished by April 16, 1967. Clmn. Smith asked if the City had about fulfilled its agreement with Mr. Leirer to fill his land north of the Airport Road in return Eor the land south of the Airport Road and Mr. Lounsbury said this was about finished and there would not be much fill left -- that the fill will go to the east to Alaska Railroad land and to the airport right-of-way on the sou-tho Clmn. Skinner requested information on the depth of the drainage pipes for the spur after the fill was placed and Mr. Lounsbury advised it was planned that the pipes would be installed sufficientlv low but did not know how i-t was working out and would take notice. The City Manager asked if the controls for -the lifts were arranged in such manner that they could be locked up and the Engineers advised that if this was not already provided for it couldl be taken care of during construction. There being no further questions at this time, ClmQ. Cole - "I move__we approve J:::hefi~al plans and _~_~cifications fDr PI}ap~-1-9f EDA Harbor Improvement~_roi ect N~ 07-1-0Q082--!~_l?econded bv Clmn-,_smj, tho Vot~__~ unanimou~~~~~ I I I special Meeting March 17, 1967 Rcgular Meeting March 20, 1967 VOL 13 2;3 Item (2) - S;;}!l1U..!._S]<:Jnner - "I rfl9y.?_we_authori~~ adver~tJ_:=;_(!~e_~! for bic"'.s for Phas~:z__g_L_~Pl\_l-1arbor Imp~py_~mer1~ts Proiect Jifo,__07-:1-=Q()Q_3~-"_SecoJld-= ed bv Clmn. Cole. Vote - Unaniraous ves. ; - ,--~-- _.._.._~-,---_._,-_.._.,.,--_._.---._- _C lm~~L~!l_E:!X_-=_-'T !:':love-,:v.e--9"2_ _ ip.t .9.._:Ex e_c_u~J..Y.!'__S e s13.i on t.O.SUi,LC:: u s s th e fi. n- anc i~<?f t be__ M~r in_?~if t~n~ IJ_ock .'I_J?_e_~()..DgecL!JL ,S::_},~1U. __~oJ_~ V ot~_-=- Una~imous ves. 10:20 a.m. Executi,ve S~.ss):9n and Special_l"1eetiE5L~eclare~i!.cbg.!:!~rned bv Mayor Kirk:::: patri2_k at_ll:g_O.~E.~n 1kdiz~_~~_~:. Cf h/l-~~.___ Beatrice E. Watts, City Clerk-Trease ) C_j) , I' , " _4_~_~~f-!dI~~~zi._______ R. \'1. Ki:tkpatri ck, Mayor Regular Meeting March 20, 1967 Tbe regular meeting of the Seward City Council was called to order at 7:30 p.m. l'~arch 20, 1967, by Hayor R. W. Kirkpatrick. Clmn. Urbach led the openin~j ceremony', The PledC;ie of Allegiance To 'rl'1e Flao. Roll was called and those present were: Mayor Kirkpatrick; Councih.len Lawrence Urbach, Maynard Willburn, Tom P. Smith, W. J. Lantz and E. G. Skinner. Clmn. Charles E. Cole, Sr., was absent. The City 1,1anager was present. No minutes were ready. No citizen had requested audience of the Council. Item 6 -, Cmillnunications - (1) Mayor Kirkpatrick advised that he had re- ceived verbal communique that day that the Secretary of 'the Interior had given approval that same day for the old Alaska Railroad Property and waterfront to be declared surplus, which would ini'tiate the next steps for conveyance to tbe City of Seward. (2) Letter from Japanese-American Development Company of Alaska dated March 13, 1967 requesting preferential acquisition rights to Berth 1 and Warehouse on the old Alaska Railroad Property for purpose of processing fish and requesting a sixty (60) day option commencing March 13, 1967. The City Manager advised there was nothing the Ci t,,T could do about this as it does not yet have physicial possession of the property, but would make note of this application and this was agreed to bv the Council. (3) The City Manager read the contrac't offer from 'the Air Force for Electric Connection Charge Agreement to the new Air Force Recreation Center which had been under negotiation and now in final form, including 65,000 ~VH estimated monthly consmnption, total estimated construction costs $10,510.03 and amortization at 15% of the monthl( bill and includ,. ing reading of the materials list. The City ~1anager advised this was a standard t,rpe electric connect ion charge agreement similar to that in effect for the Army. S;;J,llln. Willburn .::...-'-'Lwould_mov_~ that_we qo ahead anE formal.izej:-,'h...?_contract wii:l:l. the Air FO:J:"ce and,~!_t:l1is taken care of soon 3_~_E?,,_:=;jl?),e. II SecEnded_l?~~lmn_~~rbacl~__~!2_t.E!_ -- UJ:lanimo_1!13 'Ie:=;--,,- Item 7 - Ordinances and Resolutions (1) Letter dated March 17, 1967 from Don and Margaret Cook offering to lease Lot 3 in the Marina Sub-division to be used to operate a 20 stool lunch counter was read and the Manager advised he had seen the dra\vings of the 14 foot by 28 foot pre-fabricat-- ed steel building which they wish to construct. To question Clmn. Smith explained J'fLr. Cook thouqht the volUIne of business would probably justi- fy operation during about nine months of each year, that ':1e thought there might be three months \vhere the business would not justify his staying open. Cl-"ll~_ Smi tl~_ad_vis_eAhe woul(~___w_Cl.nt_~0_]2~i'2c.C.l1.sed from voti..J:l..:Lg~l_tllLs__qLl.e_S!.i_?J:1 as he _\'~?lll_d__ha\~e_~:)me work"in, S:.9.nstructinq thE: buil.9,inq. if..._:Li::_, is,,_<:1.EJ?Ioveo~ To furi:her question Clmn. Swi,tl1 advised that Mr. CQo}~ did ?lan to meet all health specifica'cions and all City construction codes, and the plans had already been checked for these , ~ 1--"'" 1 ' , 1" , " d 1 ' J_'LemS; '.,la'c L,le ':';,C L.. Qlnc: WOU Cc De cons'cruc':e ,:>J Post Cons'i:ructlonJ an Alaskan firm. I-'!ayor Kir::pa'cric}: asked if Mr. Cook lJ,nders'tood the lease ~:>roce dures and as he advised ~le did not, 'i::1e Ea\Tor reviewed as :'~ollows,: tilree cen'i:s 24 VOL 13 Regular Meeting March 20, 1967 '),)X square foot per ,rear vli,th a reversian clause to t:1e City in case i: 112 property is no't occupied and used as set :::orth in tl1e 'cerIES 0;: the a::Jreement; that the City has made a practice of leasing for a term of Ej,ve-1ears beyond the lengU1 of the loan "l~1ich a person might need 'to ';n!t in the business; that 't~'le Council has considered each case on its m-m special merits. I:l:c. Cook said tl1.8n..thatthese condition~.we~::c, .Cl~,8eable to him_,_and -.:.tha'cas soon as tl}:~_oJmcil made i,ts decision ~;1ey would be read"y_,_t.Q.~n~c_er into the lease aqreement. Mr. Cook in- quired regarding times of payment and t;,1e Mayor advised that these details ,vere left for 'the City Manager and the Lessee to work out, and that the final doclliuents would come back to the Council for approval; that he personally favored approval of this offer. There being no fur tIler discussion !':lCiyg.r_ KirlsEatrick llo.-:~e..9~lmn. Smith's. re_Cluest t_o be ex.g.used from, votinq an.c:Lth.e:ce was 21g.gEj~_c:j::ion_, from the CO,L~~~i1____C.lmn. YS.!2~h.:-_~'J.._s..:a-E1_Cly~_.tJl?-.i:_" vl~..g,~ v~_t~_n .:t_Cl.t.i:Y ~__a E,Er ova):_J,.o.....po ':1." _Cl.n..cl. hlaE..933:c_e t Co.Q i;,,_Ko~ th ts _l.e_a s e_. s~:1?j~s:.t_.! 0 ._r:_a.:.i: i fi c a,t,ig 11 .,!~ f __t_h ~ 1 e a s e_p_Cl.J2_eEi?__,_V~~!,.e.!1: :~J?'?~.--:t hem. ''-__$~S~).l1_cJ:..e.9_.1?.::'._C lm..!l.~ld nIl,,?lC_"-_ Vg_i:~----=-....J!ll_Cl_ll im'?21 S ,2! e s__"r.),i:l-:. Cl!0-n_,-_S.!:1i t_h. ex.c}lsed. _J:C.92:ll.. "l'Jtinq~ Clmn. Urbach asked if this gave Hr. Cook what he needed to proceed and he saio. that it did; that J'lix. Post was Einishing a job and would start here as soon as possible - that he should be open for business around the 15th of April or the 1st of May. Iteu 7.2 - Resolution No. 611 was read in full as follows: RESOLUTION NO. 611 BE IT RESOLVED t:la't The Ci.,ty of Seward LEoreb'l confirms its verbal and \vritten agreemen't to accep-t from the Department of the Army all of its righ,t, interest and responsibility in the land and improvements knmvn as 'the old Army Recreation Si,te in Seward, Alaska, of which 'the land is leased b)' the Army :crom 'che Alaska Railroad under Contrac'c 14-2:3-003- 2531, said acceptance specifically inclll':Hng acceptance of ,the old buildings and improvemen'ts in place, anc~ said acceptance contingent upon receipt of ,title bv The City of Seward to the 3.63 acres occupied by said Army Recreation Center site from the Alaska Railroad. This Resolution to be effective upon the date of passage and approval. Passed and approved by ,the City Council of The City of Seward, Alaska, this 20th day of March, 1967. i. Clmn. Willburn asked i:c the land mentioned in this Resolution was in- cluded in the Alaska Railroad land men'tioned under Item 6.1 and J\1a'lor Kirkpatrick advised that it would be upon approval of this Resolution. Clmn. Willburn- "I..JU2"y-,:';_21~__adopt ResolutioE_.!To. 611." Se<;on_<'L~d by Clmn_~.. Smi th. Vote - Unanimo~y'es .. Item 7.3 - Resolution No. 610 ordering foreclosure proceedings against 1960-1964 inclusive delinquent tax rolls, all special assessments and all other liens against real property to be published May 31, 1967 (from March 6, 1967 tabling - the City 11anager reviewed the previous discussions on this subject and advised that the City and Borough attorneys are working out an ordinance for the Borough and which would be the initiating docw:aent, that this ,vas not yet ready and i't would ,therefor be better to 'table this item again. Clmn. Skinner - "I would so move that we table Resolution No. 610." Seconded by Clmn. Willburn. Clmn. Lantz referred to correspondence he had received from the Borough Chairman regarding technical information needed by the Attorneys and the tax years to be foreclosed. Mayor Kirkpatrick advised that the Ci ty Attorney had all technical informa'tion as well as the Council's agreement that 1966 tax roll should no't be foreclosed; and Councilman Smith advised that the Borough Assembly realizes that an economic de- pre~on could happen to any community; the Assemblymen advised that the proposed Borough Ordinance would include provision for a one year grace period from the delinquency date o:c the second installment. The proposed agreement for coordinating the foreclosure of City and Borough tax rolls simultaneously which the Council had received on March 6th, 1967, was briefly reviewed and Mayor Kirkpatrick explained his particular preference for features of that agreement so that the City could control the properties either in total or by selective action and to have the options offered by the agreement. This matter was briefly discussed. Votg_on Clmn. Skinne}:'~E... !!'!..o..tion - unanir,1'?us ves. I I I Regular Meeting Marc~ 20, 1(,67 VOL 13 25 """, ~; ~~ '~~ Mayor Kirkpatrick declared a recess at 8:35 p.m. and rec:mvened at 'J:~{) \!:~ p.m. with all members present that. were present at the recess. f' \J .. 0'-, t-- ~:;~ Item 7.4 - Legislative Bills for "~ecommendc.tion - HJR48 providing for -\~~' fr~e ports in A~aska was re,,:iew~d ~~d the Ci ty Manag~r w:s reques~ed t~ .r-1 wrl te a letter In support 0 c thls Dlll. HB265 relatlng 'co exemptlon () L "'i: J certain classes of people from payment of penalty and interest on l'Jcal -'~, taxes was reviewed and the City Manager waE: instructed to write a letter J, adviB~ng that.~he Seward City Council disapproves all bills of thistvpe, . to ~e:t:::::~4ercalf, author of the bill, to all members of tjle committees and b Senator Palmer; the Manager reviewed the current s'i:atus of the Public Service Cormrission Bill, advising .that i.t probabl" vmuld not be passed this year, but that it might be necessary to .testify or take some immediate action and the Council cJncurred, instructing .the City !\Ianager to watch the Bill carefully and to move quickly as mi}ht be needed, to prevent passage. Item :3 .. Relx')rts ::rorn the Borough Assemblymen .. Chnn. Lantz advised l.'le had nothing specific to add to 'cl1e Comprehensive Re1:l0r.ts in the news- papers. Item S ~eports Er Y'!1 the City I'"anager ' (1) That Clmn. T1Tillburn had attended the Civil Defense Instrvctors Course f''Jr Personal and I"amily Survival andio\.'ld report on 't[1a'c. Clmn. Will~::>urn ad'vised this Cornp- rehensive Instruct''Jrs Course 1.1ad ~:)een cOJ1pleted by 11im and he was now ready to co11.c1.u.c'i: classes in the c'~!n:unL,ni.ty as part of Ule Civil Defense Personal and 2amily Survival Pr::Jgram; 'i:~at: ~e hoped to s.tart classes immec1iat:elv and particularly invi'i:ed Council to attend; that the classes 'would be held in the school quarters where equipment was already avail- able. (2) The City Manaa~r distributed guide lines for bidding procedures to the Council for future discussion; (3) advised that an action ass6ilily would be sponsored by the Anchorac;e Chamber of Commerce vlith lectures b'( experts on trends in government:, personal and cornraunit\T life, to which the Council ,lad been invited. Those v"'-ho could attend were requested to notify the Ci'i:y ,'~anager; (1) tj,at he had contacted the Bureau of Out." door Recreation r'2sarding matching ':':unds to complete our Seward Centennial Campground Prc.)jeci: and should kJ1.Jw within 30 to 45 c'ays ifcllere "'iill 1;),2 anI '::un:::l.s availa1-,J.e; that we will go ailead v'!i th the ,:un(:;'s we have as .Ear as possible, bei.nc:r careful .to keep it under con'crol; (5) .that the Command- ing Officer and his staff from Fort Richardson would inspect the local ~rmv Recreation Center that weel: and would bc interested in discussion on an expanded :eacili'::;'/, and this ",las disco.ssE,d; (6) have a meeting set 0.,,::> with ]Vlr. Ron Fox and a member 0'::: the ,S.tate Health D,=parb'lent reCfarcl.ing dumping (Jf chicken farm refuse wi thin the City 1 inti ts, and that his de- cision would })e t~at this illllSt be stopped, and the ~~ac]~I]rQuna on this "la,s discussed. The City Council concurred wit~ the Citv Managers positi::Jn. (7) That he was studying and a'::>))1','inc:f .tI,e recormllenda.ti.ons')f the Electric :,1ate S+tudy and '",'voul(~. be reques+ting the C,)ur.cil -to ha\n~ a st.u,dv session ':JD this; (3) rep''Jri:ec1 request by' 'i:j.1e Planning Cornnission to .i\laska Marine E"'uipment, Inc., in connection "li.th t;'la'c firms application .to lease an area. south 'J C .t~.'le L'Iarina Sub...c1ivisi:::m, to require a 20 ';::J::Jt easement at the west 8n3 of the ?arcel to give access to the parking area south of the parcel; that wi~h Council approval he would write to Alaska Marine Equipment inf,')nllinc.. '::;],8m 'Jf the Planning andZoning Comrnissi::ms require' ment whic], '"as also a requirement 02 the State Higlr,vay DEpartment, and the Council advised it had no objection. (9) Reporte,j 'that ;.12 had encen.m'tered the matter of t;1e Sewer Assessmen':: Refund in the SlEl of approximately $27,000 due to people ~10 had paid in advance and .tj1a'i: i i: was alot of work to determine vi,10 is eligible to re' ceive the refund and .to compute i'c, whic;1 he understood was started but not complete, .tha.t ~1e would li':e to l1ave this ready-to inc11'de in .the ~::>udget proposal. (10) That the Audi'cor had worl:::ed with the Como.troll er las't week so tha't ~ .. he should be able 'co present a Financial Statement f::Jr nexi: month and a.cte t,)L:: ",U VOL 13 qegular Meeting March 20, 1967 23~h month; (11) requested the Council to set a Clean-Up month or '~eek 3.0:7 Mayor Kirkpatrick suggested that it be the month or May. The City J'Lmager briefly reviewed -the type proqram he would initiate; (12) Had -liscussion with Bob Cook of LC.M. Drilling Company which may ,~isJ., to tamporary sink a factory ship on the beach and would employ from 7 to 1) people and that he had ass~red them of the City's cooperation; (13) Planning for Sale of Surplus Equipment junk and so forth toward the end oE April, and then try to enclose the equipment storage area with an i1dustrial type fence which he would try to get from Civil Derense. I-:em 10 - Council Discussion - (1) Clmn. Willburn advised that the Governors Advisory Board for operation of the National Guard Arrnory, of '~1ich he is a member, had not met since last spring, and wondered if the Council might request -these meetings to be held again as there are some minor problems related to school and public use of the Armory. The Lease and Use Agreemen'cs for the Armory were briefly discussed, and ii: was thought tha-t while the City was no longer involved in the Use Agreement that it had a proper interest in assisting the National Guard to provide its often s-tated goal of Maximum Use by the Public of this building and the Mayor requested a letter be '.VTittento the proper person; (2) Clmn. Urbach reviewed the recent inspection of communi,ty facil i ties by Dr. Hood and Dr. Belke of the University of Alaska with regard to the Marine Science Institute Program for which the Federal Government is spending ten million dollars and the University will compete for a port- ion of that money, and recommended that the City plan a program of coopera- tion as the community is well qualified to receive this Insti tu-te. The Manager suggested buildings which could be used by the Institute and the Council requested him to continue with such plans~ (3) Clmn. Urbach ad- vised that he and Mr. \'ierner had looked at the 50,000 pound capaci-ty boat lift at Everett, Washington of the same type that the City's 80,000 pound capacity boat lift will be and advised the Port Officials at Everett are very happy with it. (4) Clmn. Smith requested discussion on the building to be used at the Airport to be used for the F.A.A. AID desk and the Mayor advised he was thinking in terms of one of the buildings at the old Army Rec Center since those are now available and also thinking the City should move it to the Airport for all uses, possibly including Air Terminal uses. To question the City Manager advised that the H marker signal equipment should be available soon and also that a set of run--way lights no-t being used at the facility for which purchased might be available for Seward; and Jl'iayor Kirkpatrick advised that the AID desk or FlightInformation Desk was definitely scheduled to be installed in April or May but that the City had to supply housing. The Airport Use Data and how to collect same was discussed and planned. ('3) The Council advised -that it desired to have a summertime neighborhood Youth Corps Program again this year, and the City Clerk advised that with that information enrollment would be just before the end of the school year; (6) Clmn. Smith requested review of Ma.rathon Fuel Service's Tempor-- ary Permit for Marine Fuel Float and it was briefly reviewed that upon approval of the EDA Harbor Improvement Project and resignation of the City Manager that the over-all harbor facilities planning, including the location of that facility, was postponed as that new dock was a vital part of such planning; (7) to question the City Manager advised that the Seward Memorial Sunday program would be set up, that he was no'c ready to report at that time; (8) Clmn. Lantz requested the City Mana- ger to learn the current status of the Police Assistance progrmn. (9) Clmn. Lantz advised -that the Borouqh was interested in the Ci-ty's position in regard to location of the new Elementary School and school land, advising that the Borough was interested in the area north, west and east of the present Bayview School and had informed them that this land belongs to the Methodist Board of J'Hssions; tha't the Assembly would like to have the Ci-ty indicate it I S approval of this location, which would also support the recommenda-tion (:>f the Seward Planning and Zoning Commission; this mat'ter was discussed and it was agreed that the Ci t~- should write such a letter but avoiding an-7;nd;cat' , billty ) ~ ~ lon oE responsi- I I I Regular Meeting ~arch 20, . ~ __J 27 1967 VOL for assisting the Borough in securing a site. Item 11 - Clmn.__~l~i:rmer ~l.Il1.9ve.)::.QI_~verv short~.~~c2-ltivEl_Session p_e.-f_~:. tainiJ:l9..J:.9-_a:::i~ISollI1_e.l..J:n_atte~."_ .1>_esonded by Clmn.LaI!.-t~._.Y.9te - Un~n.i- mou3-=_~~Jl :.Q-,,~~I!l~ E~ecutiY~_E?_ession _ and Reqular M.eetinq declared adiournec1. by Nayor Kir;~- patrick a1:.__1:.:J,~~g_p-,,~ ~A ~.~e~ ~c/k~k Beatrice E. Watts Clerk-Treasurer i ([;tv ~~.~~'- R. W. ~kPatrlck Mayor Regular Meeting April 3, 1967 The regular meeting of the Seward City Council was called to order by Mayor R. W. Kirkpatrick at 7:30 P.M., April 3, 1967. Opening ceremony, Pledge of Allegience To The Flag was led by Clmn. Urbach. Roll was called and those present were Mayor Kirkpatrick; Councilmen Lawrence Urbach, Tom P. Smith, E. G. Skinner, Maynard Willburn and W. J. Lantz. Clmn. Charles E. Cole, Sr., was absent. The City Manager was present. No min- utes were ready. No citizen had requested discussion with the Council. Item 6 - Communica'tions - (1) Letter from Lt. R. E. Sochachi, Post Engin- eers, U. S. Army, with regard to expanding the recreation facility in Seward and advising that verbal permission had been secured from the Division of Lands with regard to such use of a portion of the City's Cemetary and Park Parcel, U.S. Survey 1729. The Council viewed a map showing the extent of the City owned lands with the cemetary and park restriction bj the state and the approximately 10 acre plot adjacent to the present Army Rec Center which the Army desired to lease. and which would approximately double their present capacity, with an installation similar to the present one. The City Manager advised that if the Council authorized ~iim to negotiate with the Army t-hat he would have a lease dra'Nn up for Council action at a later meeting. .9Jl~n...,-Simith. - "I 'Noulc1 ~ovJ'!._tha.L w,,"__au-cJig}:J.?_~j:].1~_c..:ij:.y.p~anCl.sLe.:r::.._tg_-,Qeqoj:j_at_e_.a. Jease.~i th __ th~ Army .~_~.I1~.<2.:r:.o;_J_()I.~~Cl.s~.g}:. th.is..c.ertCl.in_t.r~?-ct:..gL~rgp.~J::.ty. i nO. i ca t eLoll th..s:..E19E .<2.rlc J-Q s.<2.d. !'.iJ:h.th~.i .:r::.....l.eJ=:t.e.r. XOT.the...s unl..QL_.$~).. .Cl.D 2.erye_a_r._ f o~a .f iye -:J!.e aE1?eLt..9.d.y:-::\t.h_gEt i o.n_.t::, .r.<2!li'!". .f.o!,_ f ()~l..r_ _mo r.e. Kiy.e :~;::e Cl.:r:_u~IJ 0 d~~.~'. .geconsI_e~1.1)_!-:. .c.ln1!1_..Jik.inn.eI..-"_ Cl~lll1L.!>.antz_.s~:;ested t~~~----1..ease._ fee be le.cc.:.t .u.I1sta_t.~u<!.~g..r_ .t}l~ .CiJ:Y_~''!9.n3ger. ::c2J~:?_tiate._ ~1111.!l.~_ Sl11,i.th :-u ~J:. wot:l..l.c1 ~i.tJ!.= d~.a.YJ_.J:..~~..cg.s t_o f ~t}1 e __1 e a-,o;~_ alld. ]._e_ay_e_.tt_i.rr__J:J2~-.-Cl.uJ:.h.()F i t \.C ,oX- _th~...C i i::Y_l:t.a_n.~-=- ~r._ to_.!1~o_t_i~J=:~,tJi5~_c_oJ?!_uQf, _ th_e..l~_~s~,~~b mn~l~ i.np.eT a pE.ro v~d. J:]1~ .Cl.men_~men J:. '-_. y.o.t.~, ::..UnafliplouJ?___Y.~s.~. (2) Letter C]:CXl l:'idnight Sun 3rrJaclcasters Inc., advisin'J bieir presen-t opiniont'1a-t ].'t ,,'as not financialI-- :eeasible to ins-tallche color cable television ser'7ice Eor which contract Ordinance ]\To. 3-:;0 anc~ 3:31 were adopted bv t:w Se':iard City Council, along with COEcpents rec::arding pro!:fer- ed coopera'ci.on to -the present T.V. companv. The City :'lanac:;er advised tha'c :le had this ite:i(\ also under t'ie [,janager' s .K(~:)ort (see item :1 (7)); (3) offer from Pete, Harwick, Mitchell and Co., to perform the audit Eor June 30, 1';-'07 anc~ recommended -t;_oat the Council stud'{ b1is un-cil the ne;:t meeting 'co -:laln" COt decision th,~D; (1.) Letter :cro:n Alaska I'Iarine and Bcn-'ip'. men-t Inc., a9Tee]_n'~f to the twenty (21)) foot access to parking easement which the City wis;,ed to take ,:rJlTI -the west end of 'che parcel he had offered to lease j.n the harbor area south of the Marina Su_:b.-division, providing 012 s~:ne square footage could be had on the south side o:c the parcel, and con.ciriLlingche resul.ts oE ilis conferenc€ ',vi-cl'l City At-corne.,' \',/i:lich Vi01J.lcl. :.:-e c'Jl1veyed 0.\1 the City ]\.ttorne~'; (5) Letter 2roE1 the city Attorney rcportin~ in detail his conEerence with Mr. Harold D. Johnson, Presiden-c o:c- Alas::a I.farine and EquipiClGn-c Ine., per-taininc;, to i-cerns Hr. Johnson woulCl l:iu:~e to have included in t}le Lease (see i'CCT" G.:1- above ), and requesting ,':urcher instruc'cj.ons;the Cit:y EanacJe:c advised t'lat the main concern ~crc would be Mr. Johnson's request to be coroJensated on the sou"th side 0:1: Jc"he lease :f0r -the saIne l1l."!.wber of square ieet:~ \'l~'1ich 'rloulc1 ;JG deleted :crma -t:_1e \-Jest end ofche lease, and advi~ed -chat '1e would -cake cIlis up under Cit'T I'lanager' s Report (see item 8(9)); 2S VOL 13 ;~esular Meetin~: 2\pril 3, 1967 , Letter from Division of Aviation referring to Senator palmer's ;v1~iry regarding H Marker for $1.00 per year if the City would install, ~ .C2mse and maintain it, describing .the criteria for correct installation 0.: the system and offering assistance; that the letter had arrived after n:. Alvarez, who is one 0:( the members of the Airport Improvement Cormnittee, llad departed and this matter was pending his return, but would also be 'taken up under Manager I s Report. (7) Letter from Sourdough Alaska Fisheries Inc. requesting a decision re- garding their interest in the old Alaska Railroad Dock and Warehouse and it was reported that representatives of this firm had inspected the prop- erty from Fourth Avenue to the west and that they understood the property did not yet belong to theCity of Seward; (8) Letter from Japanese Ameri- can Development Company of Alaska Board of Directors relinquishing i~s request for first option to the old Alaska Railroad facility in favor of Sourdough Alaska Fisheries Inc., but advising they would wish to re- activate their option if that firm did not enter into an agreement with the City; (9) Letter from the Seward Cormnunity Library with regard to apparent diminished Library Program in the Public Schools as described by the Borough School District to the Cormnunity Non-Profit Organization and that Organization's advice that it considered a maximum library pro- gram within the schools, in addition to their own program,to be esential to the growth of the Seward students; (10) Letter from Japanese and Ameri- can Development Fisheries Inc., of Alaska relinquishing op.tion to the old Alaska Railroad Property in favor of Sourdough Queen Alaska Fisheries Inc., and advising they ,.,ould want to take back the option if that firm did not use the facility; (11) Letter from Bayview Fisheries regarding activities, fisheries research under EDA grant and efforts to form an arrangement for substantial fisheries organization and requesting the City Council to keep them in mind in connection with the old Alaska Railroad Property; (12) Next meeting of the Power Pool will be April 7, 1967 in the CEA building in Anchorage. Item 7 - Ordinances and Resolutions -- (1) Resolution No. 612 was read in full as follows including description, Lot No. 3 in Block 1 of the Marina Sub-division, term 30 years; RESOLUTION NO. 612 WHEREAS, Don and Margaret Cook have made application to lease Lot 3 in the Marina subdivision in The City of Seward Municipal Boat Harbor cormner- cial district to conduct a lunch counter business; and WHEREAS, Don and Margaret Cook declare that they are prepared to cormnence construction of the building irmnediately, which irmnediate action would benefit the area by providing a lunch counter throughout the season when such is needed; and WHEREAS, the attached form of lease which the City will offer to Don and Margaret Cook for such lease contains all of the provisions for the pro- tection of The City in developing salutary, active use of the land, that similar leases contain and which have been posted and published without adverse co~nent regarding the provisions of such leases being filed with the City; NOW, THEREFORE, BE IT RESOLVED that the form of lease attached hereto and made part hereof, be and is hereby approved and the City Manager and City Clerk-Treasurer be and are hereby authorized and instructed to sign and deliver said lease for Lot 3 in the Marine Subdivision in The City of Seward to be used to conduct a lunch counter business for term of 30 years; and BE IT FURTHER RESOLVED that the requirements of Ordinance No. 313 per- taining to a public hearing be and are hereby waived for the aforestated reasons. This Resolution shall be published by posting a copy thereof on the bulletin board at City Hall and publishing a brief statement of the pur- poses of said Resolu.tion in a newspaper or general circulation in The City of Seward within a reasonable time; and shall become effective 30 days thereafter. Passed and approved by the City Council of The City ~seward this 3rd day of April, 1967'-ra~;:Gq/q,) 1ff0j;;~).-, 64--) ,\)~~~7 ~~,. ~ rJ-~ ~y2a~v~/Pt7l1f\t1~(~~r1IV' I I I Regular Meeting hpril 3, 1967 VOL 13 2!1 The Contract was then reviewed ',,-,i,th note that it was the standard f()X" contract which the City was o:c,~ering Leasees in the M,arine Subdivisio'1. Clmn. Urbach - "I would move for adootion of ResoJ.':1:tj,9.n.__N..o..__~~~ Seconde-d'b~;-Clm~~-VJili};;'~'n-:-"-cin;l'l-:---S;:;;_~th mentioned t;l,a't 'tile building c~nta-i-;;~-d~ood~-;;-~~t~d~ whereas :1e had understood would be all metal; i: lat the Council had discussed its preference :Cor all metal buildings in ~lat area bu't io: was agreed these requirer'1ents ;lad not been fOEclalized. :ZC).c.?, on _glmn~_Y.F]J_ad1.'_s. !:!l.o.:t:.io!1.__-_UI1.a_n-'iJTl..<2.l,'3-Y.e_,,_~ To Clmn. Skinner I s question ~he City M.anager adV,ised. th~t be b~i~di~~ _,,":,,otlld, be the permanent bui1:l-, 1ng and the 'temporary bU1ld1ng provlSl.On~~Jd.n<1_ ap~;"'L- 'i(s) J M-M"'" c.if-C , ~;(/~:"I)_,ff-.vm~11/161~-;g?" > Item 7.2 and Item 7.3 - Resolutlons No. 604 ApprovJ_ng and Author1z1n']Gc.r..... Agreement Be'tween Ci tv and Borough Regardinq Property Tax Foreclosure and Resolution No. 610 Ordering Foreclosure Proceedings Against 1960- 1964 Inclusive Delinquent Real Property Taxes, All Assessments and Liens, which were read except the provisions of Resolution No. 610 concerning whether the Ci tv l,vo1.,ld elect to handle the foreclosure action or send the delinquent list to the Borough for hancU ing, was left ],)lank, and was decided that it would be best to table these resolutions for the third time 1.entil ,the Borough had completed i t~' slordinanC'16a?7provided o IOw1nq :j, 70 caunell' mtg, for bv the March 7, 1967 Boroug'l Assembly JV[ee lng,lana 1t was agreed that recent discussion with the Borough Chairman indicated other items were delaying this over-all proj ect. .,gJmn ...J:Lrbach -:_~'L_.'tl~?yld move___t:ha.t, w~__~~b 1 e -:~~S_().J_Ll_t ion No ._6 _Q."L~n.c1._.B e s 0 l.uj: i _()~J'!2LJ31_0_uI1:t i 1_.S,1.1:9 s equen t !!\ e e j: in 9 1J~_J3 e c 0 r1.s:Le-9--P...Y_ C lmn.~_~Sl':.t!1.n~ r '_ __ V ot E:._=_J].nai~:!l1o 1.~s_ L~s~ Item 7.4 - Tax Foreclosure and resulting property control proceedures between the Borough and the City - It was agreed tha't this item should be tabled until after the Borough Ordinance concerning ,this and other foreclosure details is adopted; and to Clmn. Lantz reques't :Eor recommen- dations, the Council advised it would expect to receive the proposed Ordinance from the Assembly for comment and recommendation prior to passage. Mr. Charles Le chner requested the Council to avoid any abrupt action concerning propertv tax foreclosures. !1ay<;>r Kirkpat:Fi.cJs...~alled a rece.ss and reconyen.e_d..thEl..J:Cl~etinq__yli th._t.l1.e_E.~Il1~ meE,ber",_ pres(3nt_ as were pre_--=- sent at th,,"_J~_c~ss~ Clmn. Ur12_~ch.-=--~:'L...'tl_ou:l9- liketC)_n10v~_,.t.l1.at we in-- s truc.t..J?_~1.1:'_ _B9F~gllbi?s~.!1lbl \'!!len tQ_t_~~, wh..a t~~~~_ act: iO!l.Jl'1_ey_.~an to stall .:t:..l?is ancL to .<1_0_YJ11.ateve.E._j:h~~a..!!.. to, h()l.sL..i t:.., ofJ:. th~j:_Cll?J.~ .1:1!l_t..il_E..ome more work _gan_l??__ct()ne_..QIl_~_$~_<;2nd_ed by Clm~illburJ~ Vote - Unanj,.:::, moys yes ',_ Item 7.5 - Resolution No. 613 Approving Avigation Easement for Approach and Departure l-\irspace Over City Tidelands was not "e't ready pending recommendation from the City Attorney. Clmn. Smith.-=-,~'.I move that Re- solution No_~_ 6l2P~__ tabled untJ-lJ:h~l}ex.t:_.!~eqular Cgun.fXL_meetinq .~ Secc::.n_d_~d__ by So-lmn ~-.mdf.lner. Vote - Unanimous yes. Item 7.6 - Breakwater Cafe Lease Deadline -- The City Manager advised that the arrangements a't the time ]\1r. Fox offered to lease the site in the ]\1arina Subdivision and the lease agreement which the Cij:y offered in response to that request required that the permanent building plans and specifications be filed with the City not later that April 1, 1967; tha't the plans and specifications had not been filed and that he had ac1vised Mr. Fox oc this fact recently. Mayor Kirkpatrid: advised that he had also reminded Mr. Fox of this deadline about one month earlier. The status of the unsigned lease was discussed and the City Manager was requested to write to Mr. Fox bv certified mail asking his intention and giving notice ,that the plans and specifications w:l.ich should have been filed on April 1, 1967 must be filed on or before April 17, 1967 or there would he no extension of ,this lease offer whatsoever. Item 7.7 ., Tbere were no Legislative Bills for recommenc1a't:i,on. Item 8 -- Reports from the City Manager - (1) The Ci ty rJ;anager advised he had been notified that all of the FHA housing in Clearview which ASHA :lad offered, and which the Ci'ty had accepted, as .seward's low ren't housing pro':rram had been withdrawn bv FBA for irrunedia'te sale to private ~~o VOL 13 Regular Meeting April 3, 1967 :!ll<Evidual buyers with a 30 day period for the present renters t8 vacate; t'l<1: the majority of these houses are occupied by Coast Guard families, ) ": whom no other suitable housing \vas available; that he did not favor t;h' City being in t1.le housing bus iness blrt was recoffitl1ending .this .to avoid oTl'::hing at all happening to the Coast, Guard Station in Se'0lard. The C:.':::T Hanager continued tha't FHA was agreeable to receiving an offer from the"" City with no dmvn paiTment, 30 "ear terrll, with agreernent that .the City vlo1'ld be permitted to sell to a private bu:'er within that 30 vear period. The reasons for the current housing shortage were discussed in detail; tlH~ fact that FHA had delayed putting these houses on the market until Sf.lHard "'!QuId have an oportuni ty to act; and agreed that i.t was ve.'cy im- portant to provide suitable housing for the Coast Guard families but would not want to get into the housing business unless it was absolutely necessary. Mr. Leirer suggested that the Coast Guard be requested to guarantee occupancy in the houses if the City purchased them for that purpose and this was discussed. ~lmn... Urba_c:~_" I.u~~0_"1.1Q_1TIPV.E'.l_th at --1:he__C,i.,ty. _Ma2J2.SLer_be _a u tl!.9X_i.z.e.c,-._tQ._<2!- f.~r ::H}.e _ ,h ~nd.r ~~_t.h O1LS~nQ..g.o.ll aE.~ X9X,.j:h i_~.3.rQ,,'J?u 0 f. l'Qll.? e s--.i.J..J:t:, 12.t:l_c:.o!.,~e. s. ~t:l~:-. ~~~2-J:Y .-=-_i.:L.it.S:.Cl.l1.R.E!_..::3:t:_Cl.U.e_CL.X()r a~hj,leLL_<l!!l. more in favor of t;l.at, but ., , , ,,~ ---_._-,,"'-"._,._,-,.._-_...__._. -,- ----- i1. .i:t: __comE!~E.E.!Q2-..de.C!.dl in_~tha t,J:!.e. l~El__ct.ll!hor.i z e!!..:to of {eLgp.El_..Dundred j:h9~.::;~n9.,.3.()11.ctI_::3__a~_.n_e3g.t_iatj_o~.J?_ric~,.'~ ~Seconded by Clmn ._I,..o,-l1...t:.?,. Clmn. T;':illbu.rn asked from '/lhat source the revenue bev~ved and the Ci.ty !\1ana- ger advised there ':las no down payment and that the mon.thl'.! rentals would cover the purchase installments, that the buildings could be returned to ;"'i'iA if they were vacant. Yote-=-..Yn~n..:L!-"Ol):..::3..'y_e~~. ~ 2) T~,e, ~i tinHanager reported the :-epl: fro~ Army ~~ecial Services rer:rard- lng b1elr?fueI suppl;r contract - that 'che Cl t'l' s ou:er had been made In reply .to reque,st by a pe:cson not authorized .to request such and .that the Z-\rmy had considered .tile City's offer a bid \'Thicll it then allowed l'!larathon Fuel Company to underquote and that a c::m.tract was subsequell'tlv entered into on that basis; (3) Alaska State Housing Authority representatives will present the proposed Comprehensive plan for Seward to the Planning and Zoning Commiss- ion a't 7: 30 p.m. Vlednesday, April 5, 1967 and would appreciate the Coun- cil's attendance; (4) Mr. Don Statter, Director of Rivers and Harbors, and Mr. Greg Mangan, Director of Marine Transportation, will TIleet with the Harbor Commission Thursday or Friday and would appreciate 'the Council's attendance; (5) Note from Mr. Loren Lounsbury that 16 copies of the plans and specifications for Phase 2 of the Harbor Improvements Projec't have been .taken out by prospective bidders; reminder the Council that the pre.- bid conference would be held in Anchorage on the next Monday; (6) that letters announcing ,the personal and family survival classes to be taught by Hr. vvillburn will be sent to clubs and so forth to enroll a class of 25 or so. (7) : Refering to Item 6.2 - Midnight Sun Broadcasting Co., request to delay T. V. contract ordinance .. the City Hanager recommended that .this ordinance be repealed and re~vri t.ten with curren.t dates and so forth if taken up later on and the Council reques'ted such a repealing ordinance, except 'that Clmn. Willburn advised 'chat .this firm might consider this a final termination of negotiations, and the Mayor requested that such impression not be re- layed. (8) The standard form lease for the Harbor Area was introduced for dis- cussion, and Mr. Herman Leirer discussed the merits of a lease rental based on appraised value and periodic reconsideration, as an es.tablished and fair way for the City to protect the public interest in view of the fact that the City is leasing the land at very nominal fee in order to entice business into the area, bUa also that this land could become very valuable within the lease term/an recon~aended that such lease form, simi- lar to one he had submi.tted to the Ci'cy for view, be adop-ted; also recomm- ending a deposit by applicants to cover cos.t of legal and survey work. (See ~""I~\IJ ~,,;-- U)UNTIN<'{€-~ . I I I Regular Meeting April 3, 1967 veL 13 31 8(9) , ,- ~' d d 'ter'l r ~ l'n cOllnect':o"'l The 20 {Q.QJ::,_,g_GS~gps ]:'lQU.:t.-9:C ,"w,q.:LCcls~u13_se _un er__l___,__~~"',_-,_" __,_"L,,' wi th Alaska Marine. and Equipment, Co,.. ,re~~!- t~~asc: ,.ms taken up first-~- I'1r~~~a:i~r}~t~l{Q.Clg)and~r~-qu-E;s-t-e-dinformation regardinc:i tlle type facili tv tIlis :Eirm wanted to build, ady_~si!~g_tlr.at_ h_EC_wg.1l1.cL oe,--2.EP.?i?8_0 to their building a big boa.t repair and storage in t~.lat area _'!.s. he Jla(~. been refused such permission, and to Mr. Hoogland's question regardin~ -f':Lling'--;-E~";-l;:;~;-~nd '-~p~-;; i fica t ions, I'1~yoI_ Eil="l;:pa i::~r.isl,- .9-_dvLs~Q._i::}1_a..t_s uc]~ would hav~j:.Q_.1?_EO._cJ_l.El~~_advCl...I1_c::,,,"_.'~i_i::l~t~E?__Ci ty in, .<'l_c_c_oEda,I1_~e_wi th tl1s.: standard form lease, and the time for this was discussed. ~lmn. UrbacI~...:-: 7oI-;;:"ould- ;~--~~~;:)V;;;tl~at ,we appro'y_e__.j:heJ).l_a..~ninq and ZO!1i..!1.3. s..0.Tam:Ls3 ion '.!3_. r;co~ndati~;-r;-t~- dei-~te 20 fee.t for a right or vlav E!asemen~e on_..tJ1e west sid.~:oi~.~t:l~e.l?AE_~~;l- and=-9E.~~n:.t'~'\las]~-a~g~in~ , mld-E-qu)c2m_~I1j:_'.E_~_e-- quest ror 'ten feet on the sou.th." Seconded bv Clmn.\lJill'!:,urn. Vote" -_._-"_.,-""_._---",._-_._~" -. - ."~".._-_.."---_..~_.__._- - _... --.-- _..'-,--- -_._-----"..._~_..~--_.. --- Unanimous \leSe Return to 8(8) Clmn. Urbach - "I ,'iould like to_ move that one of tl1e,.pr.Q.vJsigns of al~ . ."----... .. leases in tlle.E,gl.~ll~o..at Harbor bEO..EE?.!l.ElSloti_'!.i::JOl}._Q.~_.Eental eveEY_ fJ ve ~ilr s-P.9- s ed. on_...92.EJ':'.9-iE.e d'y.Cl..l u e_o f _ t 11 ~.1-iln d. " S e c on d.E?il.:....2'y__C.lmn . EO k i nn er . vote_-=-Slmn~__.lLJ':'bCl.sJl---=--..Y~i?t__~JJ!lJl",__Smi._th. - no, Clmn_.._,S]~J..!1...Q~E_-:- ves , Clmn. ~~i 11 b 1.!.I:'!1-=-"'y_e_~.L C :i:!:~~_J:.-9n t z_-=-_y.e_s,._ tl.aJ!'g E--1<J. r kpa_t...r i c]s.....:.~_ ve S] mo ti 0 ~ 2.Cl._s_s_El.d.~.. Clmn. smith advised he ,vas concerned that the City could not properly take such action at this time having previously entered into negotiations with Mr. and I'1rs. Cook, and the City Manager was requested to secure a.n opinion for the Council's guidance rront .the City Attorney. Clmn. J;.ant:6_.=_.."~I "iOuld move th_a..:'e_ we r~ ind our_actio!1_0_n_,B.e_~9J ution No ~ 61 ?~'----E.e.c::).I19_eA ]Ji'__ ~ ImnLJ!:.I:'l?_a...c:)1.~ __ V Cl..t~ -=-__~ lmn . Ur b i3.c l~=-. 2e_s_L...0E'n . Sm i..:tll...::.: !10 ,_Cln~..!_J?ldXl..!1_eE__:__Y~.3_.!_Clmn ,_T,hJJbur.I1--=::....Ye~..clmnL Lal1_t.z__. -- ves, Mallor Kir~pa tr ic::],:..____..Y_(3_s_~ _.t10t ion pas sed ~,. Clmn. L_a!1tz--=-~_y'..()uld like at'th:i.~.time to move _tl1._i3.tw~_ adgpt Resolution Bo. B.J~ aIfl..E?!19_eS:Land~.b~_~11.en2men't b_eincL to stril~e_tn-.:the third "W~RE-.: AS" the wor913_~.i::hat simi,lar..l.e.9J3es (--) to ,the e_nCL_of the .paraqraph. I'19_'I: ion fCi i l.E?o,-,c,,9F.,lack of a seco,nd, as Resol ution...l.TgL.~l:?-""p~()vi_ded tha..:~, th_EC _Jea....s~il1,~.tIJ.J!:!''_e.nJ::_12..e_.A.ttach.e.cl._t9_and pa!~:Lof.the_ ResoJ..1:,::i::ion and the 1:..,,".93e i_n_~tJ':'YJ2l(3_1:1J~_ j.l_asl.not vet beel}...s~\'lOrdeq to conform b:::> Clmn. Urbach's motion of above regarding adjus.tmen't of lease ren.tal at five year periods. ~lItln. J.J"il_:Lp.1lrn--=-:2 .J:clo'y,~_.i::ltat ,^,_EC. .i::i'lbJ"e__Resgl utign no. 612A-nd _s~ ek '" J e3 a 1_ .C.o_ll~s_eL _cg!1.<;.e f"_n,tl~..:tll. e. J _CJJ-_O_~Y..DC ~:_CiJ? i e s_vv:l1 J _Cll)'l a v e b e~n. ,r a..i.3..e,d:..~." Seconded bv Clmn. Skinner. Clmn. Lantz obiected to this course of action _._- -----.-..--- --..-...-...-....-.-.. ",,-..-.--..-- ,.- --'->-_._-'''--''''--''~._-''-.''''-'''-'"---'-~--'-'-----~'' _.__.._.._--_.~.,,--" ----_..._-_._~.. and the ma.tter was discussed "ii th request t:o the city Fanager to conve'{ .the eni::ire action ';:0 Nr. and Mrs. Cook ,vi th no intent whatsoever to de,.. lay or harm their proposed lease. Y2~te ~~)mn._Urb?cl~- ves.__~Jmn~ Smi th.,-=--np,_.CIEilI1.._~,?]~i}l!1er --y_e_s_l_cLP.1n,-}iJ11Q.urD..--=-_Y_(O!.~_I._~J!'!.n. Lantz - no-,-- May()L}~i _x:..k..E.9-_:t_rj. c k--=::.....Y~~._._ F C>...~_ .=_. ye_s~::vo _--:. , nQ.;__.r~Cl..t:.:i:gn __c ~E ri ed ~. It was no ced t-.lat .these provisions would also appl',r .to tlle lease to be offered to ~laska Marine and Equipment. (10) Tl1e City JllanaCjer reported 'c'la'c some of "ehe local ,vOinen were con- cerned Sevlard migllt lack adequate visitor and hospitalit:r .i:acilities in the coming Centennial tourist season, and had requested use of the old Alaska Railroad Depot, that they did not have money to fix it up, that the'.' :,ave .cree labor offered ])'] the Army, but needL:'c:f money also, he ,flas suggestin<::J' tllattlle Cit'T give them cC residen.tial lot for $ 25.00, the lot to ]Je t;le prize in a raZZle to earn funds .Eor this proj ect. Clrr1B_,_jJx1?_a_qIL.::::_~L}v..Quld move_._i::llaj:: ifil::_i? leQal a!1d possi}21~ for the C i t Y to s e ~ _L.9...l.o~.. ,<3. t _'!. noI11.. i naJ_.s _ud:nLgS.__~Li v~EC.__'!..J,oj::_,._tg. _a.. ~~o_n -- pr.9_f i t or q ~ i :2:_0,1 i o_n..Ko.r__ :e]l_(3_e_}{pr e s~(O!.C1,l?_l~rJ2..Cl_s_e_ f Cl.E.. S.Cl i ~.i.r~SLjllon.e2 ..c.oL C en t enn i a_J.:. .9-...9 t iYXt..i.~_sL,t}l.'!. t __ti::___do sQ..!."::"'__S_e_c.o_n_o~e-,=t 1?..Y.., C ~ mn ._J3E0. tJ 1.,__ .'J.9.te. -=- _U_I1an ipo u.~. Y.E?.3-,--_ See Below for Item 8(11) Item 9 -- Council Discussion (1) - Mayor Kirkpatrick requested the Council to think a'k)out an indus.trial incen.tive program which .the City could de- velop into a formal brochure '[:0 help sell Seward "co new industry; Clmn. Urbach suc:rges'cec1 the City Attorney's ideas be secured and .the City Mana- ger sugc:rested .t'1e Council first set dmvn a composi.te 0.:: i-t I s ideas and present that information to the City Attorney to be written into a brochure. Clmn. La.ntz cautioned the Council to remenber "ehe Charter 32 VOL 13 ~egular Meeting April 3, 1967 .?:c )bi tion of property ta:{ incentives. S.tudy session for this topic and tin Borough School Budge't was set for April 21, 1967. (2) Clmn. Willburn requested street lights be installed on Fourth Avenue wh :'!re i.t passes through the harbor area and also center line and/or curb painting as a safety measure and it was agreed that this should be done. Otler traffic guide lines and street maintenance plans and proposed eq.~ipment purchases 'tlere reviewed by the City Manager. Itam 8 (11) - Building at Airport and Location of Same for FAA's Airport In i=ormation Desk equipment and location of the H Marker equipmen.t - and Item 9 (3) Relocation of Airport Road Intersection With Seward Highway was discussed and reviewed; (4) Clmn. Skinner advised he thought it nec- essary for the minutes to be brought up to date; for the agendas to be delivered to the Council according to the schedule establised and re- quested a tape recorder to be operated at meetings. ClE~.Smi th moved for adigurnment ancU.li!L()f'_Kirkpat:rickSlecla1=eCJ...J:h~ me~~~adjourned at 1~0 p.m. _'t:k~~; , '[~ :ztlzLk Beatrice E. Watts City Clerk-Treasurer :) ) ~-; " ttLh/ Kt- ~. " .:{ ~J---_._--- R. W. rkpatrick I1ayor Regular Meeting April 17, 1967 .. 2'~, 1967 M.ayor Kirkpatrick called the regular meeting of April 17, 1'167 to order at 7:35 p.m. and since there was not a quorum present declared the meet- ing adjourned until 7:30 p.m. Monday, April 24, 1967. Those present were l'1ayor Kirkpatrick; City Manager, Kester L. Dotts, and City Clerk- Treasurer, Beatrice Watts. The regular meeting of April 17, 1967 adjourned to April 24, lS67 was called to order at 7:30 p.m. by Mayor R. W. Kirkpatrick. Opening cere- mony, a prayer, was led by Clmn. Lantz. Roll was called and those present were Mayor Kirkpatrick; Councilmen W. J. Lantz, Maynard Will- burn, 8. G. Skinner, Tara P. Smith and Lawrence Urbach. Clmn C;.larles E. Cole, Sr., was absent. The Ci,ty Manager was present. No minutes were ready. No citizens had requested audience of the Council. Mr Lon"n Lounshury of Hew; t:t: V. Lounsbury and l\.lll;ociate~waI;L present to present recommendations reqardinq the bids for construction of the Phase 2 of Harbor Improvements EDl\.Project. April 24, 1967 letter of review and recommendation from Hr. Lounsbury was read, and as the Imvest bid for the total project less all deductibles was $14,079. over the funds available, recommended that the City guarantee that over-run and applv .cor a supplemental gJ~ant in the sum 0:::' $33,000. to cover i:he over-run and Ule deductibles, and upon appro>o-al of .the EDAJ award it8J.l 1 ,);:' the advertisement for bids 'to the apparen.i: low ~bidder .- Christianson Con- s-truction Co., Inc., in -;:11e amount 02 $244,3"1,~., as the best o.c the two alternatives before the City, the other being to reject all hids, redesign and readvertise the project. Mr. Lounsbury revie't.i8d his discussions vii th EDA Anchorage and Sea.ttle personnel and tha.t Ll.ey were not able -to cOll1Init an approval for a supplemental gran-t l::l1.l.t that he felt -chis was the best possible course o.c action; understanding that the City is short the funds suggested that short term bonds with a one or two year recall sold to an Alaskan bank or for the city to borrow from some other city fund might be the best way to cover the guarantee of the over-run, and that if in the meantime the supplemental grant was approved, then the city would not need to pro- duce the amount of the over-run; that there was thirty days in which to award the contract, which allows time to review the bids, make any neces- sary arrangements and secure EDA approval. In further discussion, Mr. Lounsbury advised l' ~ there was about $12,000 in contingencies in the estimated project costs budget which could be transferred to the dock and boat lift construction costs or other costs as needed after the project is completed. Regular Meeting April 17-24, 1967 VOL 13 3 :i I Mayor Kirkpatrick asked Mr. Dotts if he foresaw any problems in securing authorization for an additional $14,079 and he suggested conferenc2 with the Ntl. Bank of Alaska before going very far into this matter as this Bank had offered to cover the interim financing loan whereas the city's present banker had declined the loan, but that he would like to have a favorable answer from the Bank before writing a letter of guarantee for the over-run to EDA. Myr. Kirkpatrick inquired about borrowing fr')m the Electric utility,if necessary. to fund this over-run and the Clerk-Treas- urer and Manager recalled that this was committed toloan to cover the dredging contract final payment and Jesse Lee property purchase payment if,needed for these two items. Mr. Lounsbury mentioned that the reason m:J,jllmum, h b ' d ' h d d d f tn~ over-run, whlch was apparent at t e J, openlng, a re uce rom $16,079 to $14,079 was because they were recommending deleting the marine travelift erection, which would then be done by city personnel, and which they thought was desirable as the city personnel would be operating and maintaining the equipment with the assistance ':lf the factory representa- tive, who would also supervise the erection. The city Manager recommended that the city contact the National Bank of Alaska to askfor a one-year loan of $14,079 after giving them the entire picture, and upon approval, borrow that amount of money and give EDA that information and file an application with EDA for $33,000 supplemental grant, and to notify EDA as soon as the city has a reply from N.B.of A. as he believed any delay at this time would cause increased costs due to building in the wintertime. Odin Jenson & Son, Inc. bid tabulation presented to the Council at M.B.Gil- Christi- K Inc.,H&K brough J.R.Clin- anson Const..Inc. Co. ton Co. Const.Co. & S& G Con- Inc. Inc. Inc. st. - J.Vent Following is a sUlnmary of the this time: Bid Item: Dock & Boat Lift $248,383.50 $310,610. $310,820. $244,345. $324,760.00 I Travelift Assem'y. 1,350.00 750. 2,000. 2,000. 1,5)\).,l> 2-Ton Cranes (2EA) 7,300.00 1,500. 10,000. 8,000. 7,500.00 Total Pavement 7,144.00 12,500. 6,000. 8,900. 5,467.50 TOTAL OF BID $264,177.50 $325,360. $328,820. $263,245. $339,227.50 I It was noted that n') notice of award could be given to the contractor un- til approval had been received from EDA for the award and related finan- cing. clrrm. Urbach - I would move that we award bid for Item No.1, to- tal docK. and boat lift structure in the amount of $244,345. to Christian- son Construction Co., Inc., P. O. Box 236. Anchoraqe, Alaska, 99501 con- tinqent upon the city beinq able to borro\v or arrange financinq of this ~,500 ov~r-run from the National Bank of Alaska or whatever source is available , and said award beinq subject 1:0 approval of EDA. Seconded ~Clmn. Skinner. Clmn. Willburn advised he thought this was a premature action; however, it was also noted that i~ did clearly indicate the in- tent of the Council for a firm award afte= these contingencies had been satisfied. Vote - clmn. Lantz Yes; Clmn. Willburn No; Clmn. Skinner Yes; Clmn. Smith Yes; clmn. Urbach Yes; Myr. Kirkpatrick Yes. Motion passed. The city Clerk was instructed to prepare a resolution authoriz- ing application of a supplemental grant in the sum of $33,000 for the next meeting. Item 6 - Communications - (1) Letter dated April 15, 1967 from the city Attorney regarding the proposed tax foreclosure ordinance and related agreement was read and the city Manager requested the Council to author- ize the city Attorney's presence at the Borough meetingwhen this ordinan- ce would be up for public hearing, and this was authorized. Clmn. Smith also requested the city Manager to be present at that meeting. (2) Letter from the City Attorney advising that the city was not obliga- ted to the 3~ per square foot rental for the entire term of the leases under negotiation in the harbor area but not yet signed; that the City may noti~y potential lessees of changed terms; that Mr. Harold Johnson was sendlng a ~etter for the next Council meeting concerning his offer to lease; and lncluding specific comments regarding the lease offered to Mr. Ron Fox but not signed by Mr. Fox. 34 VOL 13 Regular Meeting April 17-24, 1967 (3) Letter from Peat, Marwick, i1itchell & Co. regarding reduction in pro- posej fee for conducting the annual audit and for that consideration re- questingi'enegotiation of the fee after the first audit is completed under this proposal. Item 7 - Ordinances and Resolutions - (1) The Clean-Up, Paint-up, Fix- Up proclamation for the Month of May was read in full by Mayor Kirkpat- rick and Council approval was requested. Clmn. Lantz - I would move that we a:Jprove the proclamation as read. Seconded by Clmn. Urbach. Vote- Una~Lmous Yes. Plans for a thorough clean-up campaign designed to involve the ,=ntire community were discussed and the Manager advised he had written to ~le Borough Chairman requesting the Borough to take action to clean. up the area just outside the city limits; Clmn. Smith advised that it is normal for cities to have jurisdiction over the area just outside city limi:s in matters of planning and zoning, clean-up, etc.,in the event the Borollgh is not able to act effectively. (2) Revisions in standard form lease for harbor commercial and/or indus- tria:L sites - the City Manager advised that pursuant to the City Attorney's opin~on read under Item 6(2) that a page would be added to the present standard form lease to provide for re-evaluation of leased property in the smaL_ boat harbor area; that he would send the prepared addition to the City Attorney for approval as to form. This was discussed briefly and Mr. Ron ]~ox advised he was not in favor of this arrangement where the lease price might go from, say $300. per year to $3,000.per year as he felt this would jeopardize his business. The Council noted that any increase in lea- se rental would indicate an increased business activity and increased reve- nues with which to meet the increased rental and, further, that no such exag- gerated increase was anticipated; that the intent would be to have the land appraised by a qualified appraiser, and that the building would not be a factor in determining the value of the land; that if the lessee did not like the value as developed by the city's appraiser, that he could hire his own appraiser, and that a third appraiser could be hired to solve any differences of opinion. Mr. Gerrit Hoogland advised that Small Business Administration would not loan money with this type lease, but Myr. Kirkpatrick advised this had been checked out with SBA and had been approved by them. Clmn. Lantz advised he concurred with Mr. Fox's opinion and thought the lease should contain a statement of maximum increase. Clmn. Urbach advis- ed his thought was that increased value of the land should reflect incre- ased business and revenue with which to pay the increased rental. Mr. Fox disagreed with this thought feeling that all businesses in the area might increase in value except his own. This was discussed back and forth and !Vlyr. Kirkpatrick advised Mr. Fox that what the Council was trying to do was to protect the City in case there was a big boom in that area and a great demand for property in that area should develop, that the City should benefit as well as the lessees and that this was the point of the discus- sion at the last meeting also. Clmn. Lantz agreed that it was the business of the Council to look after the best interest of the city as a whole and suggested that perhaps by not spelling out the details of this arrangement that it would not be condu- cive to enticing people into that area to start the program of development; that perhaps five years without increase should be provided for. Clmn. Willburn noted that such is already provided for. The matter was discus- sed further with recognition that probably at the present time the proper- ty in that area is worth considerably more than 3~ per square foot per annum rental, and that perhaps this is causing some problems in under- standing the intended application of appraised values to future lease ren- tals, but also that 3~ per square foot, to be re-negotiated each five years as planned by the city, was a common arrangement in Alaska for such leases; that the cost of appraisal should be provided for in the lease rental; and the several factors which would be taken into consideration in arriving at the value of the land were discussed. The city Manager advised that he thought the city's offer was a good offer which gave a lessee an opportun- ity to get his business started at a very low lease rental in return for his coming into the area, and that this re-negotiation was a standard practice. Mr. Lounsbury advised it was also a standard practice in AncHge. Regular Meeting April 17-24, 1967 VOL 13 3 5 Myr. Kirkpatrick called recess and reconvened the meeting with the same members present as were present at the recess. Myr. Kirkpatrick reviewed the discussion preceding the recess including the city Manager's intent to draw additional provisions for the standard lease form to submit to the City Attorney for approval as to form and these were reviewed by the city Manager being revision of the lease ren- tal with mutual agreement if possible, and then by qualified appraiser and if no agreement on that figure, that second and third appraisers would be provided for, and this would beccme a part of the standard form lease after approval by the Council and the City Attorney. I Item 7.3 - Plans and specifications for E.reakwater Cafe per lease neqo- tiations with Ron and Gwen Fox - The city Manager referred to Item 7.6 of the April 3, 1967 agenda and advised that upon receipt of notice Mr. Fox had discussed his position with him, and he then requested Mr. Fox to explain his position to the Council. I Mr. Fox advised that he had received a let.ter stating that he was to have presented plans and specifications for. the permanent building on April 1, 1967 but that the council had tabled the liquor license matter until IVlay 1 so he understood he was not to submit any plans until after May 1 when he knew what kind of a buildins he was going to build; that if the Council wished to take up the matter of the liquor license at this time he would know what kind of a buildins. to plan for. Myr. Kirkpatrick asked for this to be on the agenda for the next meeting. There was dis- cussion of the deadline dates in the lease offer and Mr. Fox reiterated that he understood no building plans were to be filed until after the liquor license was acted upon; however, the city Clerk advised that this was not the arran(;:ement at the time the lease conditions were worked out between the Council and Mr. Fox as it was determined at that time that the permanent building was to be built by the spring of 1967 and part of the council wanted the liquor license to corne up for decision on May 1 and part of the council wanted it to come up at the same time as the building plans and specifications, and all of the council was in favor of the deadlines as set forth in the offer" and the matter was left that way to guarantee construction of the permanent building in the spring. I The city Manager asked if Mr. Fox could have the plans and specifications before the council within thirty days and Mr. Fox said he would like SlX- ty days, also added that now he had a problem with financing as the arrangements he had last year are not available at this time. Clmn. Urbach asked about the kind of building under consideration and whether the Council could give approval to the liquor license application with- out the building plans and Myr. Kirkpatrick explained this would be pos- sible though he thought control of the liquor license would have to be spelled out in advance of the lease if that course were followed. The matter of population criteria for liquor licenses was reviewed and Mr. Fox said the Liquor Commissioner had said he could have a license if the Council approved it without the motel. Myr. Kirkpatrick reiterated his position that the area probably needed a motel and should probably have only one liquor license and if that license was given to Mr. IDx for his restaurant, that then the restaurant, motel combination in that area would probably be delayed; and it was further discussed and clarified that the state has actual authority over liquor licenses, and the Council recommends, and usually the State abides by the Council's recommendations. Mr. Fox explained his position that he understood and knew the restaurani business and thought a cocktail license was essential to any such opera- tion and that such was needed in Seward but thought the city did not need a motel and further that he did not know the motel business, and did not think it was feasible to build a motel in the harbor area at this time. The Mayor closed the discussion on this item until the next meeting. Item 7.4 - Resolution No. 615 was read in full as follows: RESOLUTION NO. 615 WHEREA~ the Seward centennial Committee has requested the City to sell at nomlnal sum a parcel of land which the Seward Centennial Committee ;OUld then use as the prize in a raffle for the purpose of raising money or the Seward Centennial activities only; and 36 VOL 13 Regular Meeting April 17-24, 1967 WHEREAS the Seward centennial Committee will operate on a non- pr~fit basis under the auspices of the Seward Chamber of Commerce to pr~mote and operate the Alaska Centennial Celebration in Seward to the best interest of the community; and WHEREAS it is essential for such Committee to have operating funds to commence the Centennial Celebration activities and to support those activities which will not produce any revenue but may be considered es- sential to the Celebration; NOW, THEREFORE, BE IT RESOLVED that Lot 4 in Block 8 of the Federal Addition to The City of Seward, Alaska be and is hereby authorized for sale to the Seward Centennial Committee for the nominal sum of twenty- five ($25.00) dollars for the above reasons and purposes the same as if set forth herein with conveyance to be not earlier than May 18, 1967;and BE IT FURTHER RESOLVED that the public hearing required by Ordinance No. 315 providing for procedure whereby the City may sell real property be and is hereby waived; and BE IT FURTHER RESOLVED that notice of intention to sell shall be given to those persons who have a right to repurchase said property as provided by Section 29.10.528 and Section 29.10.537 of the Alaska Stat- utes and applicable sections of the Seward Code of Ordinances, and in- cluding notice that any repurchase must be accomplished on or before May 17, 1967; and BE IT FURTHER RESOLVED that conveyance of this parcel shall be by statutory warranty deed, a copy of which is attached hereto and is here- by made a part of this resolution. This resolution shall be published by posting a copy thereof on the bulletin board at City Hall and on the bulletin board at the U.S. Post Office in The City of Seward and by publishing a brief statement of the purpose of said resolution in a newspaper of general circulation in The city of Seward within a reasonable time; and shall become effective thir- ty (30) days thereafter. The City council hereby waives any and all ir- regularities in this transaction. Passed and approved by the City Council of The City of Seward, Alaska this 24th day of April, 1967. Clmn. Willburn - I move we adopt Resolution No. 615. Seconded by Clmn. Skinner. Vote - Unanimous Yes. Item 7.5 - Recommendation regarding Borough Ordinance No. 31 relating to enforcement proceedings on real and personal property taxes - It was re- viewed that the City Attorney's letter read under communications covered this same subject and the Borough Assemblymen requested discussion of the proposed ordinance. Clmn. Urbach suggested that since the City Attor- ney, city Manager and two Assemblymen will be present at the Assembly meet- mg that these people work out the best arrangement as they know what the City wants. Myr. Kirkpatrick suggested that the city's proposal be offer- ed to be adopted in place of or incorporated in the ordinance. The city Manager suggested that the group which will be present at the May 2, 1967 Assembly meeting advise the Assembly is passed in its present form that the City will commence legal action against the Borough ordinance and the Council concurred. clmn. Skinner concurred with Clmn. Urbach's recommen- dation; and the March 6, 1967 Council action authDrizing the city Attor- ney to work with the Borough Attorney to resolve any conflicts was re- viewed and reiterated, and the recommendations of the city Manager, clmn. Urbach, Skinner and the Mayor were approved. Item 7.6 - Ordinance No. 358, Repealing Ordinance No. 350 and Ordinance No. 354 which are the Midnight Sun Television Ordinances, was read in full for the first time. Clmn. Skinner - I would like to move that we consider this the first reading of Ordinance No. 358. Seconded by Clmn. Urbach. Vote - Unanimous Yes. Item 7.7 - Resolution No. 614 was read in full as follows: RESOLUTION NO. 614 BE IT RESOLVED that Peat, Marwick, Mitchell & company, Certified Public Accountants, be and are hereby appointed to make the annual examination of the accounts of The City of seward, The city of Seward Electric Depart- ment, and The city of Seward Water Department for years ending June 30, 1967 and June 30, 1968 as described in their March 27, 1967 offer, except Ee9ul_ar I,i~eet:'_ns ",~~pri"'_ ~_;_'"'i', "_~(~7 iC~"c 37 that toe term of engagement :_s liEli i>,d to i:wo ~02rs to conL: em t:o Section 12.3 (d) of the Home ;~ule Charter, and \li.tll ad:J"~stment in fe,c tn be as follows: For 1967 f]~om $4,900 - $5,"WO;Cee :~')r 1968 to bi" .r:enegotiated at completion of .the 1967 work, uepend(;nt upon the extent =,f audit prep- aration completed by the Ci t~l' s staff. This Resolution shall be effective on the date of passage and app- roval. Passed and approved by the city council of The city of Seward, Alaska, this 24th day of April, 1967. I The offer, reduction, work performed by the auditors in the previous years and the Council's desire for still lower audit costs and expert accounting by the staff to work toward that goal, and then with related lower minimum and additive charges as migh"t be necessary so that the city could benefit from best staff accounting and lower audit costs was discussed. Clrrm. Willburn - I move that we approve Resolution No. 614. Seconded by elmn. Smith. Vote - Unanimous Yes. Item 7.8 - Resolution No. 613 approvinq Aviqation Ease~ent for approach and departure airspace over city tidelands to the state - The city Mana- ger advised that the dty Attorney had sone questions regarding this Easement and recoIl@ended tabling until the Attorney could discuss these items with the Department of Aviation. Clmn.i<'lillburn - ::I:~uld move that we table Resolution No. 613. Seconded by Clmn. Smith. Vote- Unanimous Yes. I Myr. Kirkpatrack called recess and reconvened the meeting with the same members presen~/at the recess. Iteln 8 - Reports from the Borouqh Assemblymen - (1) Clmn. Lantz noted recent public announcement by the Chairman regarding possible changes of mill levy and that these were not announcements from the Assembly; (2) Report that the total Borough property valuation for tax purposes had increased from $110,000,000 in 1965 to an estimated $180,000,000 for 1967 exclusive of supplemental tax rolls \vhich would be prepared during 1967, and that the property valuations were continuing to rise; that the Chairman had estimated a $5,000,000 school construction program was nec- essary and shortly afterward increased the estimation to $8,000,000; (3) That the Assembly may receive a propo:3i tion regarding Assembly- Manager form of government on the general election ballot in October; (4) Point of interest, that the Chairman :cefuses to accept the books without an audit and the Borough is opera"ting under the bond of the for- mer chairman and the correct handling of such matters was discussed; (5) Noted that the Borough is operating without ordinances of the admini- strative type and while the statute says such should be the same as the largest city in the borough, that this is not the practice and resulting in confusion; (6) That the Economic Devel')pment Committee I s Over-all Economic Development Plans for each con@unity in the Borough is bound and~ter a few changes will be made available to each community; (7)Re- port on school construction and financing with a weight of opinion in favor of short term and pay-as-you-go financing developing due to the terr~orary nature of much of the population responsible for the need for new school construction; that the Seward, Kenai and Soldotna schools would be top priority and could require an increase of say three mills; that a fiscal expert was preparing a report on these matters; that the Assembly had granted authorization to the School Board to spend the sur- plus, excess of $400,000 for existing school needs at this time, and cited a list of in@edia:e construction projects; (8) That a wilderness area near Iliamna has been withdrawn by the Government and has been zoned as to land use, platted and is apparently to be sold on that basis. I Item 9 - Reports from the Ci.ty Manager - (1) That the Army Engineers will look at Lowell Canyon tunnel this week following report by the city of work performed in the past by the City and request for maintenance assis- tance; that the city has accepted maintenance responsibility for the tunnel but may be able to secure help; (2) Negotiations pertaining to the CLearview houses arc under way, expect officials to inspect the houses around IVlay 1 and plan to deliver the city I s offer after that; (3) requested a study session on May 3 and 4 regarding budget proposal for May 15 presentation. (4) The Manager reported that last year Mr. Neville Hodson had some dam- 3 8 ~JOL" ") . ~egu~_ar Meeting April 17 - 24, 1967 ~egu_ar Meeting May 1, 1967 age d01w t:o the pavement at his motel by a break in the City's water main; tha~ he had inquired about it as there has been some correspondence saying it appears the City is liable for some of the damage, it has been before the Council before but Mr. Hodson had not received a letter saying just what the City would so. Clmn. Lantz advised -there should be a re- cord on this discussion and the Manager advised there were records but Mr. Hodson had not received anything in writing from the city saying just what its position was. Clmn. Skinner asked if the Manager had found the City Attorney's recommendation in this matter and the fact that the Attorney was to discuss this with Mr. Hodson and to tell him that it was being turned back to the insurance company and the Manager advised that this had not been accomplished. Myr. Kirkpa'trick noted that the City felt it might have a moral obligation in this due to circumstances sur- rounding laying the main in 1962 or so. It was agreed this should be on the next agenda for decision. Item 10 - Council Discussion:- (1) Clmn. Smith requested a resolution of corrunendation for the basketball team, wrestling team and the gymnists, and this to be for the next meeting; (2) Mrs. Dunham called attention to the recent loss of life as result of fire in a residence and noting the public discussions that this was supposed to have been an unsafe resi- dence; requesting information regarding minimum housing and City respon- sibility in such matters. This was discussed in some detail regarding various codes and ordinances applicable to buildings in the City and pro- grams for upgrading such with advice to Mrs. Dunham that the City is not responsible for maintaining all buildings in a safe condition; (3) Clmn. Smith requested a recommendation from the Council regarding the school budget and the Council recommended a reduction in the budget in such sum as the Assemblymen could secure as it appeared to the Council that it could be reduced up to 25%. Clmn. Urbach moved for adlournment and Myr. Kirkpatrick declared the meetinq adjourned at 12:00 Midniqht. ~~ e.L T. 7//d//~~ Beatrice E. Watts city Clerk-Treasurer <(I ~ Regular Meeting May 1, 1967 The regular meeting of the City Council of May 1, 1967 was called to order at 7:35 p.m. by Mayor R. yf. Kirkpatrick. Opening ceremony, pledge of allegiance to the flag was lead by Clmn. Willburn. Roll was called and those present were: Mayor Kirkpatrick; Councilmen Maynard Willburn, E. G. Skinner, Lawrence Urbach and Tom P. Smith. Clmn. W. J. Lantz arrived about 7:37. Clmn. Cole was absent. The city Manager was present. No minutes were ready. No citizen had requested audience of the Council. No comnunications except such as would be in connection with Manager's Clmn. Lantz arrived at this point. /report. Item 7.1 - Resolution No. 612 Modified was read in full as follows: MODIFIED RESOLUTION NO. 612 WHEREAS, Donald M. and Margaret E. cook have made application to lease Lot 3 in Block 1 in the Marina subdivision in The city of Seward Municipal Boat Harbor commercial district to conduct a cafe business; and WHEREAS, Donald M. and Margaret E. Cook declare that they are pre- pared to commence construction of the building immediately, which would benefit the area by providing a cafe throughout the season as is needed;and WHEREAS, the attached form of lease offered by the city to Donald M. and Margaret E. Cook for such lease contains all of the provisions for the protection of The city in developing salutary, active use of the land that siluilar leases contain and which have been posted and published with- out adverse comment regarding the provisions of such leases being filed with the city, except to request the provisions of the next paragraph;and \~EREAS, the attached form of lease includes the additional provision for revision of the lease rental each five years based upon land values and shall include an addendum setting forth the manner of determining said values, all as authorized by the Council on April 24, 1967; I I I negular Meeting May I, 1967 ~n. VOL 13 U ., NOW, THEREFORE, BE IT R;C;SOLV.ED that the form of lease attached herete), inclucJing the above described addendum, and made a part hereof, be and is hereby approved and the city Manager and city Clerk-Treasurer be and are hereby authorized and instructed to sign and deliver said lease for Lot 3 in BlocL 1 of the Marina Subdivision in The City of .3eward tr) 1)e used to conduct a cafe business for a term of thirty years; and BE IT FURTHER RE30LVED that the requirements of Ordinance No. 315 pertaining to a public hearing be and are hereby waived for the afore- stated reasons. 'rhis Resolu'cion shall be pUJJlishcd by p::lsting a copy thereof on the bulletin board at city Hall and publis hing a brief statement of the pur- poses of said Resolution in a newspaper of general circulation in The City of Seward within a reasonable time; and shall become effective 30 days thereafter. Passed and approved by the City Council of The city of Seward this 1st day of May, 1967. The Manager then read a draft of the lease section referred to in the fourth "Whereas" which would be sent to the City Attorneyfor approval as to form, and in second "\ii'hereas" last phrase "it" changed to "as", as written above in corrected form. Clmn. Urbach - I would move we adopt Iesolution No. 612. Seconded by Clmn. Smith. To clmn. Lantz' question, the Manager advised that -the Cooks were in agreement with the spirit of the addition read to the Council; had signed the lease with those tentative conditions and agreement i:hat the form of same as approv- ed by the Attorney and Council to be included in the lease. Vote on Clmn. Urbach 's mo't ion - Unanimous Yes. Item 7.2 - rlr. Ronald Fox I s request for new liquor licenses from Auqust 1, 1966 tablinq for license location Lot 1, Block 1, Marina subdivision- In introduction, the Manager read the letter of application for lease Qf July 1966, and Mr. Fox explained they had operated in the temporary building and at that time did ha~e ~~nancinq for a germa~ent building ] . ; . . 1 bl ; hi hO her i:J.nanC.lIlCi n w, an , WllCD lS not aval.a e now, DU~ a he would llKe ~o pU' In a two-story restaurant-cock-tail lounge , which would be a cafe downstairs and a din- ing and cQcktail lounge upstairs and would be a very nice building. Myr. Kirkpatrick asked if the liquor license were not granted if they would still build and hole the lease and Mr. Fox said if the liquor license is not granted he would ask permission to continue to operate in the present building as it had turned out rather nice and had 'tlOrked out well. Clmn' Urbach asked how long it would be before they would start building if the license granted and Mr. Fox said it would depend on the financing, needing probably one week to ten days to complete arrangements. The Manager asked if they had some plans and specifications ready and I![r. Fox said only some sketches which they had worked up, but no archi- tects plans. The Manager asked the probable cost of the building and Mr. Fox advised he had spoken of a building $100,000 - $125,000 to the financial backers and they had not objected. Clmn. Urback asked if Mr. Fox was talking about a bar or strictly a cocktail lounge and he said he was thinking in terms of a small bar with five or six stools but pri- marily 'cables and commented that the license was necessary to a nice restaurant or dining club. Myr. Kirkpa-trick asked if he would consider building a motel also and Mr. lOx said he did not know anything about the motel business-that his financial backers thought a motel was a good idea, but it did not appeal to him. Myr. Kirkpatrick advised his opin- ion that a motel, restaurant,cocktail lounge facility was desired and needed in that area to serve vacationers. M r. Kirk atrick called recess and reconvened the meeting with the same members present as at the recess clmn. Urbach - I would move that we grant )vIr. Fox our approval on a liq- uor license tentative on receivinq a set of plans that we would approve for this buildinq in this area and which we would want to enhance the area - plans for a building such as he has laid out and described to us for a restaurant and cocktail lounqe and with no more than six stools at the bar. Seconded by Clmn. Smith. Council discussed whether the license approval or the plans and specifications should come first. Myr. Kirkpatrick advised his position remained the same-that while such an installation with motel needed in Seward and the harbor, that to auth- orize it without the motel would delay the motel,though, of course, not 40 VOL .'_3 Regular Meeting May 1, 1967 kro\\ when tho full installa"cion as described by the statute as cause to exceEd the population-liquor license criteria might be installed by any other person. Expandable plans were discussed and Mr. Fox made clear th2t he wanted an option or lease preference to a second lot in case he should want. to expand into the notel business. Clmn. Smith advised his opinion that if a twelve unit motel was to be built that there was plenty of space on the one lot. Vote on Clmn Urbach's motion - Clmn. Willburn Yes; Clmn. Skinner No; Clmn. Urbach Yes; Clmn. Lantz Yes; Clmn. smith Yes; Myr. Kirkpatrick No. Four Yesses. Two Nos. Motion passed. Item 7.3 - Ordinance No. 358 repealing Ordinance No. 350 and Ordinance No. 354,which are the Midnight Sun Television contract ordinances, was read for the second time by number and title only. Clmn. Skinner - I so move raove that the second reading of Ordinance No. 358 be noted. Seconded by clmn. Willburn. Vote - Unanimous Yes. Item 7.4 - Resolution No. 621 was read in full as follows: (On EDA-IOIForm) RESOLUTION NO. 621 RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE ECONOMIC DEVELOPMENT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, UNITED STATES OF N'ffiRICA FOR A GRANT AND/OR LOAN UNLER THE TERMS OF PUBLIC LAW 89-136. WHEREAS, under the terms of Public Law 89-136, the united States of America has authorized the making of grants and/or loans to public bodies and private or public nonprofit organizations or associations to aid In financing the construction of specific public projects; NOW, THEREFORE, BE IT RESOLVED by the Co~non Council of The city of Seward 1. That Mr. Kester L. Dotts, City Manager, be and he is hereby authorized to execute and file an application on behalf of The City of Seward, Alaska with the Economic Development Administration, U. S. De- partment of Co~uerce, for a grant and/or loan to aid in financing the construction of: To improve and expand Marine Travel Lift facilities in the Seward Municipal Small Boat Harbor, enabling adequate services to be rendered in maintaining small boats, gear, motors and other re- lated equipment. 2. That Kester L. Dotts, city Manager, be and he is hereby auth- orized and directed to furnish such information as the Economic Develop- luent Administration, U. S. Department of Contmerce, may reasonably request in connection with the application which is herein authorized to be filed. This Resolution shall be effective on the date of passage and approv- al. Passed and approved by the Contmon council of The city of Seward, Alaska this 1st day of May, 1967. Clmn. Smith - I move we adopt Resolution No. 621. Seconded by Clmn. Skinner. Vote - Unanimous Yes. The Manager advised that he had called on the Anchorage EDA representat- ive who had advised not to call it a supplemental to the present agree- ment as that would stop the basic loan where it is, so it will be a com- pletely new application - that this was the first time anyone had made such application, but they recoITmended to proceed and could possibly have it by the first of the fiscal year; that pertinent data was being gathered by the Engineer and Financial Adviser and should be forwarded by tIle end of that week. Nyr. Kirkpa.tricl~ called recess and reconvened the meeting with the same members present as were present at the recess. Item 7.5 - property damaqe claim to motel pavinq by Neville Hodson - The Manag'er reviewed the discussion of the April 24, 1967 meeting (See Item 9.4); tha't he had studied the matter and could not see that the city was liable for this damage and it had been refused by the city's insurance carrier; that he tllOUght Mr. Hodson deserved an answer. Clmn. Smi th reviewed for .the new mem.bers of the Council the transactions of the past and the Council's feeling that the city might have a moral obli- ga.cion in this matter due to the raanner in whic h the main was construc- ted vlhich caused the city to require a two-year after construction bond rather than a one-year as written in the contract; that it turned out the damage occurred just after the two-year period expired and right where I I I ~egl11ar Meetinq ;.;a~' 1, 1~~7 41 i/\:L 13 tCle installatiGn was bad. 1'1avor I<:ir:'patrick concurred in -these COm)'le yts out in disc1Jssi'Jn tlle Council a-::l-eeJ t'lat insurance 'rJaspvrchased t,-:, cover the lia':,ilitites ',vhich t"s Citv \','as subject L~o anJ that it cOl.l J not in good conscience assume additional liabilities, ]-,ut should be guided by its insurance carrier. (~11]l!1_._1,il}J)urJl.._,."LL'Ic~)y.e,_._that we. .a s_s.llE1..e_.t~l 2. s c:tT;~2.20 l3.i t i .0 I1..2.?.0 :tr_._tn_I3,uE~E~~.. c C~!21p.~ln L_I_@.~_L_tJ:_a t 0 f no n. !'espos ip_tl).tv-,-- _a!l_cLacL_~~_c_2rdi~1.'1J.f..~"_._S~_co,n.9_~<!. bv _..Cl}D,n_" ._S],jnn~~_vote__..:-: Unal1.imo u 13._.Z_f?E.~ Item 7.6 -- i.~_s,9JJl.!j.9.!l:.._No. 61Lwas read in full as follows: RESOLUTION NO. 619 --"'------,--_. ---.-...---.-- WHEREAS, the conveyance of the Jesse Lee Heights lots has been delayed due to delay in securing title to the land and in securing the convey- ance instruments, which has been an inconvenience to the i?Urchasers; and WHERE.Zl-S, Lot 4., Block 2 has been released by the high bidder for another purchaser, and requests transfer of his deposit; NOW, THEREFORE, BE IT RESOLVED that all four of the lots awarded to high bidders as a result of bids opened September 2, 1'166, Vi'hich are Lots 3, 4 and 5 in Block 2 and Lot 6 in Block I, shall be sold to the high bidder at the over-counter sale prices, and Elton G. Jergens bid and deposit on Lot 4, Block 2 shall be transferred to Lawrence Urbach. This Resolu-tion shall be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska, this 1st day of May, 1967. Clmn. urbac;l1~--':_L~ish t.9 abst?i!l froIn voting on t:bi_~13_~~olution as I have a financial interest in it." Council concurred. Clmn. Skinner in- ._-_.~-,-- ----_.- quired why the delay had occurred in this as he had thought it was all arranged for vi'hen the City agreed to pay t'le entired~t~ce to simplify the paper work as explained by Mr. Pollock. The/Clerk-advised that title to the land which was being reconveyed had been received some months after that and the deed of trust forms had been sent by Mr. Josephson just before the end of the year; that the City had delayed them over the holidays thinking it was not quite fair to convey at a time that would add them to the 1967 Tax Roll when the purchasers had w"li-ted so long and would not be able to use the property until spring, but that the COnVe\T- ance instruments had been ready now for several months; -that Mr. and Mrs. Urbach had inquired several times about the Deed to their property the previous fall as they wished to co~~ence construction then. C~mn. Smith- "I move th,,"_a.9.9J2.tion of Reso),uti..?n No...!.... 619 ,~_Se_conde.9.JJ'y__glmn. Lantz., Vote_-=-un<:i_112,!:n.ous yes wi t.b.. Cl.Illn ._.Urbach abstaininq ,. Item 7.7 - Resolution No. -'-'--_...._"-'_.._._._,- -_. 616 was read in full as follows: RESOLUTION NO. 616 -'--'---'---'- -'--'-'-~ WHEREAS, the Seward High School Basketball Team known as the Seahawks competed in the Class "B" Tournament held in Fairbanks February 23, 24 and 25, 1967; and WHEREAS, the Seahawks, entering the tournanent with a sixth place rating, ended the tournament with a second place rating after three hard fought games; and WHEREAS, The City of Seward is proud of th~s fine showing and the sports- manlike conduct of its Basketball Team in this Tournament and throughout the year; NOW, THEREFORE, BE IT RESOLVED that the Ci t:y Council of The City of Seward, Alaska, does hereby commend the Sevi'ard High School Seahawks and their coach, Maynard E. {Pete} Willburn, for their achievements and excellent representation of the City throusrhout the basketball season and especially in the competition of the Class "B" Tournament at Fairbanks This Resolution to be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska, this first day of May, 1967. C lmn . Sm i.tl1-=-_~=L ID~. f or ad Q.P t ion 0 i;__ Res 0 1 uti on N..Q~--.Jl..l_6-''...._---5.e.Qill1.d ed._E.Y: Ql-.!TlP-,. Y~P9-~!1. Clmn. Willburn advised he n.ought he was a position to request permission to abstain from voting and there"as no objection. 42 VOL 13 Regular Meeting May 1, 1967 V(~t~,_..:- Unanimous yes vIi th Clmn. ~^Jillbu!,n abst_ai~ing. I-i:el1 7.8 - Resolution No. 617 was read in full as follows: ---_.._-_.- RESOLUTION NO. 617 -. ,--- WEillJlliAS, the Seward wrestling Squad competed April7 and 8, 1967 in the W,C!si:ern Alaska State wrestling Tournamen't in Anchorage; and WHEREAS, a third place team rating was brought home by the squad; and WHEREAS, Seward is proud of this fine showing and the sportsmanlike con- duct of its wrestling Squad in this Tournament and throughout the year; NOW, THEREFORE, BE IT RESOLVED that the City Council of The city of Seward, Alaska, does hereby commend the Seward Wrestling squad and its coach, Daniel B. Seavey, for its achievements and exemplary conduct throughout the wrestling season and particularly in the competition of the Western Alaska State wrestling Tournament. This Resolution to be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska, this First day of May, 1967. Cl~n. Urbach - "I move for adoption o:E_._B-esolution No. 617~__J?econded 1?Y Cln~EJ<j,nner ..!__ygj:_~_-::__.Y.!lan imous__Les ._ Item 7.9 - Resolution No. __ 618 was read in full as follows and including below the awards_received. that same day: RESOLUTION NO. 618 --,. _._-,,- WHEREAS, the Seward Girls Gymnastic Team competed April 15, 1967 in the Second Annual Girls Gymnastic Meet held in Anchorage; and vlliEREAS, eleven ribbons were won by the Seward Girls Gymnastic Team, in- cluding one first place, four second place, two third place, two fourth place, and one sixth place; and WHEREAS, Seward is proud of the fine showing and the sportsmanlike con-- duct throughout the year of all the boys and girls who participated in this exemplary program; NO!IJ, THEREFORE, BE IT RESOLVED that the city Council of The City of Seward, Alaska, does hereby commend the Seward Gymnasiasts and their coaches L. Roscoe Livingston and Angela Liveingston, for their achieve- ments and outstanding performances throughout the season and particularlv the excellent representation of the Seward Girls Gymnastic T,?am at the competition in Anchorage. This Resolution to be effective on the da-te of passage and approval. Passed and approved by theCity Council of The City of Seward, Alaska, this 1st day of May, 1067. C lyrn ~__~J i 11 b uE.rl---=-_.'.' _L moy ej:l'..a t ~~_~.c1_o_Et.,R e EgJ_l1.tj. on---.l~Q., __.2.1.3. _As_,_c:grI:..e_c..:':_l?_~ cS ~cg.nd e_~:ty. __qJ~~n_~. g_:t:']:J.a.c)i_, ___ygJ:_l?_ -=--JZ-I1_'~X1.i..l1l..o.:g.E....!_e.E~_ I'ce:-,1 7.10 -- Uniforn DelinquencT Date for utilities and Harf:Jor ]?acilities -- ---..-. .._._--~,,_._-_..._>._",_._,._,-,.__.-'--,-,"..- -, .~'".,.-,-"-, .~- ..--. .-. -'-"'-"-'._' _.- ..- --"-_.'_., -.-...--."'+...-..- .._.- ... -"-------- 'rile cit-l Eanager eTl:>lainec1 plans .c,")r !:;ilJ.:Ln.;j t:-~le ::larDor rents and service fees and advised ;1e would li:~e to have a llnii:orm delinquency da-te so tha-t the same forms could be used :Ear all billings and also to improve the City's business prac-ticos. The City Hanager read a rough draft of Ordin-' ance, asked the Council whether it preferred -to move the delinquency date back to the 16th or -to leave it on -the 20-th and requested t,ie C:)uncil' S views. The Counci.l requested the ord:i_nance :Eor Ule next meeting wi-th delinquency date on the 20-th. Iter,1 7.11 - Re_s.9h~'=-:L9P_!--T()_....s!..2g was read in full as follm,;s: r-y&oJ.~J:..9.N_.J:LC_ .__6) S)_ BE IT RESOLVED 'cha't The Ci-ty 0'::: Sewar(2, L67 Seward 11unicipal Boat 7.-Iarb,'-:>r DroC::'=f)_n(:J and FacJ_l::_t:ies p::ojec-t, EDA l'-:clject No. 07--1--00089, t,e anc' is here!Y.' au'c~I')r:i.zec1to h_)rrJ\\' FL:-t:' Th01.Jsanc1 ane '-1'-:>/100 ($50.000) D:lllars Ero~ The City of Seward, Electric Deparhlent seneral funds, .~or a period =:-.J: si:i: nlont~1s a.t .tl-1C :cat.c of I:::>ur }?8rcent. (t'~) per annUE1 ilYl:eres.t, ~;J~1en needcc" -to ;181p ma];:e -C'-,H') nc;ct payment on dlO c1rec1r]ilY; con-trac-t, an,.l. T'-le I I I :_7~ec.,~"_~12L':- ..__.::;(~.;,: .nr; .0' 11 1.' ~7 ']i)L 13 43 ci-t,j' :;~: S'2':.T2.~CC, El:,::c'::.ric Dc-:);;:~cb'l~ll:~~ ::~S :lerc}=":1 a\:i..t~J.iJTi.zed 'L.;~) l()an }_.ts r;eneral ..;'::un(~s J ';''';;-~J.iC)1 a:C8 sL~r;_)lus t() :;_ ts i~'_LJeaiate ....1C~C:(~.2, ,:u:' her8.in:-..:<:~i~1_..:ce set _Cort~.J.. r1, 'lC~ C~:~t',.- n.anaqe:r Cll1d Cit.~/ ClerJ':-,Treasn:ror a:cc hcre];y in~' struct.cd co c~=ecut.e a s-c.andart .::)roj:l~isso]: T no.te as -t~.le j_Dst.ruI,J.ent t:'\J accorn:?list1 '::11G a>)()ve ci"escri~)s6 t:::.:-ansaction. T~lis :ctesoluti(.)ll s~la.ll ::>2 G.c.;:2ct.ivc on t..he da.)ce l/asseo. and a~?~?:.:o\)"cc..1 J::.;-,.;" -the -t-nis ls.t da~{:" ():.~ {ICY, 1~;C7. ci-::.'" Council \1_;:" rr:1e i")i~ :?2.SSGl.JC: C).ncJ. a.ppro""J2,1 Cic:/ 0;: ::icuarc1, l\lilSLa, Cit.~' Eanage,c:c::plninec1cl,at 'ell.is r,esolu'cir)D would i1elpc::J cover t'1e ..:inal -:)il1j_Hg Erul.:.l t:l.e dl:'edc~;"e cDnt~(ac-tor in the sUC,[ 0.C ~~1.:!:6, 000, "1';]i.t~_"l in.terest ~o be paid .to the Electric 0epartnlent, ana t~lC rest oE the ~unds to C'JU8 ..:rcHlc;18 lUasJ,.a KatiJnal Ban]: loan when c.),;qletcc~. .(::.llJm-,-j)),),}l!l_~r: " "I so dO'JC ,'78 a600t Rcsoll.rtion do. 620". Seconded 1:;- Clrnn. Smith. _._ ._.,,~.. _"'._ _.___..,,". ._",_..._."__'_ _" __ ."._ .. _..__.__ ._.. _..... _... _. .___. _ ~.~ .~.._ _ ______.__...__.. _ _. _ _ __..__.._.___ -1._... ..________ _....."'_'__"___~ Y..2~~ :~ _'y~~il.iT00\\S_ .:!-e_~~ I.tei] 7.12 .. CL,m. Viillburn spo':e of 'che excellent per:eoLlance o,'che Se,.,ra.rd Ban(~ at 'i:118 Music Festival and requested a Resolution of COl'mt1enda-- tion ~)e voced upon .cor preparation la.ter. i:llI!P-,--j)"l:Ltll_.:~~~'):.-,louJd lll.C2.Y-c; Eor a.d.oDti':Jn 0':: Resolu.tion N'.). 623 Co~m':\endinQ Se\'ia}:d 1\11 Scl1oo1 Band on __"..___~."______,,_____,__ _. .____...___. ____~.._.. ..___.._ _"__.,, _.__._" _____._.____. .___~__..'._m__. _ _'_ __.. _. ____..._______.""_.__." their Dresel1'tati ::,n at tl1e Nus i.c Festival. II Seconded ]:)\7 Clrnn. Tflillburn. ---~._-_..__...._._-,.._.- ._-----_. - ---.-..-.,--,-.- ,,_._."._._--._-~._-_._.__._-_.__.._-_._-----_._. _.---.....~"-_. -------- YS>..:te.:..'_ ..!Lrl_~1_:i.:Ill.()~Ll Sh~ ~ RE?OLU.1'IOJ.::..J~O, 623 vJHEREAS, .tlle Seward All School Band competed a.t .the Husic Festival held in Anchorage April 27, 28 and 29, 1;67; an] y~{E~~AS, the Seward All School Band received a Superior Plus Rating ~hlen onl'[ two suc:, ra'cings \'7ere aviarded a.t the :E'esti val; and IvHEREAS, Cl1e Se;:iard All Schoal Band received a standing ovation whic11 was ini tia.ted b~- our ];een competil:ors and good friends a't Anchorage West Higll School; NOVJ I THEREFORE I BE IT RESOLVED .t';1a.t 'C!1e city council oJ: Tile City of Seward. A12,sJ:a. docs Clere!']'! co,':rr').end 'chc Se'llard All Sci1oo1 Band and their director, narvin Crisp, for 'cheir achievelClents and outs'canding' perEorElanc~ throughout the year and particularly the excellent representation o.c the Band during ';::.1e Busic pcs,tival in 1\nchorag,e. TI,is Res.:)luU.on 'to be effective on 'che date or passage and approval. Passed and approved by the City Council of The city of Seviard, Alaska, this 1st day of May, 1967. Item '3 RepoLc_s_,.fro:r~Jh~J3g_:t::..0_'L~}~..s_s_e.!:t1b:L.l.!aen (1) Tl1at ,the school Budget hacT :,een a).:lproved by the }\ssem!:)l'{ at Th:r.ee Hilli.on 'I":iO Hundred Forty Four T~ousand Three Hundred Fifty Three Dollars total, nne Mill~on Sixteen Thousan6 Dollars local 2,:'fort and that tl1e a;)~J:r.cpriati:m tiler,," :Core incl'l,i'30. 'che sl'rplus .Eroi'll the cu:r.rent and previ.ous veers for a tcJ'tal School Bud?st o~ ~lree Million Six ilundred Fifty Th~usan~ ~ollars includ- . t' , ' 1 " ' - 1 " ' ' 1 lng -ne fin, '-']..nCf ;'Jrogram ot .te':nporar./ c assrooms, ancc t1a'c a seven nul lev'1 wg~ q:eq1J:i,rec~ .to CO'ler tl1:;,s ~)l.lc1qe':~ exclusive of all of the other revenues a'Jailaic.le to the school cistrict; .tl1at t',:i..s reprc"sented an in" creased cost o~ Three Bundre6 3ightv Dollars per ~upil ~or a new total cost of Nine ~'il'ndred Dollars '.:'er ':)upil as compared l'lit.h state-.wide a'Jer' a0e 0f?ive Hvnc1red Twenty Dollars per pupil; that Uv" i\E'sem;..Jly llao firJ.nl ~T instructecl -the School Boa.reJ -to :cepo:r-t i ts su~cpl uses of revenu.es over expenses se:?eratelv each rear so 't!.1at the use 0': c:1ese funds would ~be under .cIl,3 c;,"')nt.rol 0::: t.he ASS8!J.1i)ly anc~ .t-1e SC:10::)1 bna.ro "6as inst.ruc.terl not to l)S8 anT such surpluses '.,!i,thout specL.:ic auC"nri,:'" ':'(:1l'I1 the 1\ssembl'T. '1."he Assemblymen poin;:8c1 out the seven (7) Plilllr;v1/ for school purposes :J:'epres'~Dted about dOl'};.l8 t>e sta.te minimlF'1 local effort require.. ment, ca1J,j~n':=J' a.t':ention to .th'2\:act t''lat 'C~'le Boroll(f.l School Tax is also dedicated eJlti:ceJ..'.r .to meetinq,:'la.t rec.!.ui:r.ernent; t:,a.t t".e':, ';:hought the School Buds~e.t \/la.S .too ~.lig~l bu.(=. '\.IJere unable to a::fect an;! reduction. (2) An ord!.nance \'lill be intro<3uced regulatinq mobile :,lOme parks, '-'7hi61 the Assernhl'''nen assumed would be Borough wide though .ther had not re-- ceivec1 a copy. p.ssemblyrnen no'ted that the'! were being expected to c:>nduc plJblic hearinc:c's and vote on ordinances which tl1ev had no.t had an oppor'tun' i'CT to s'tuc~u; (3) To ques.tion, 'C~le City Manaqer advj.",ecl. he had discussed 44 VOL 13 Regular Meeting May I, 1967 t 1E several problems wi_ th tc1e Commissioner of Local Affairs, Wil0 'ilas then t)O busy to come -to Se\vard, and that Jle would contact him again; (4) had a lo?ted Resolution Approving and Reco!l1_Tllending the Resurrection River Rail- ~)a1 Project; ('3) advised that the Governmen't Platting and Land Use Zoning 0: :he cri'ilderness Area near Illianna has reported at the April 24, 1967 mc"e:inq was proceeding with hearings in the Kenai -. Soldo-tna area only, and t~la: once accomplished this land c::J1..1ld be sold only for the zoned uses; r,,~p')r'ced wilderness area withdrawl in the Chisik Island area and a Natural ~}6;tlife Refuge withdrawl in the Tuksec1na Bay area and requested recoriunenda- o ";:he Council on this matter. It was the feelinq of the Mayor, Council and City Manager that anywilderness area should be opposed as it just pulls the land out of use practically forever, the opposition to be to encourage the Congress -to repeal the en-tire Wilderness Area Act or as a minimum to withhold all Wilderness nrea selections until after the state and B0rouqh have completed their land selections; and that opposi- -tion be registered -to all such withdrawals statewide. Mayor Kirkpatrick requested approval for a resolution, which would be n~~ber 622, to qo forth immediately to the Director of the Bureau of Sports, Fisheries and Wild Life, Dept. of Interior, and all others who should receive it, givinq vehement opposition to any further withdrawal of lands on the Kenai Penin-. sula for Wilderness Areas or Natural Wildlife Refuges until after the State and Borough Lands selections are totally fullfilled and to include the above discussion. Clm.!1-,-- Urbas:b_-=-..~:r: WOl~1-9 so m9v~'-,_Seccm9~d_bv ~lm~ Smith. VO_t:_,?-=-Un.C'lnim9_11.s yes. RESOLUTION NO. 622 ---.---.---...-- WHEREAS, neither the Sta-te of Alaska nor the ICenai Peninsula Borouqh Land Selection Programs are yet completed; and W~ffiREAS, both Land Selection Programs are of great interest to The City of Seward, f04 by the manner of developing and administering, such Land Selection Programs can provide great potential benefit or detriment to The City of Seward and the area; and WtffiREAS, there seems to be a tendency on the part of the Federal Govern- ment to set aside qreat areas of land in the Kenai Peninsula Borough for Natural Wildlife Areas and Wilderness Areas; and IvrlEREAS, Alaska and the Kenai Peninsula have unique problems as yet en- tirely unresolved, with reqard to self-sustaining economic development; and WHEREAS, the Alaskan economy, society, and government are in -the early stages of developmen-t, the Land Programs of the Federal Government are old, designed to serve other areas and conditions. These Natural Wild- life Areas and Wilderness Areas are especially burdensome as they are very rigid, long term and completely unresponsive to the needs and wishes of the people of the local areas and state; and lrVI-ffiREAS, the people of Alaska and the Kenai Peninsula live in and with -the wilderness; are keenly aware of its benefits and treasures and have no intention of despoiling it; NOW, T~ffiREFORE, BE IT RESOLVED that the Common Council of The City or Seward, Alaska hereby declares its strong opposition to any and all land withdrawal by the Federal Government for Na'tural Wildlife Refuge Areas or Wilderness Areas within the Kenai Peninsula Borough until after the Kenai Peninsula Borough and the State or Alaska shall have completed their Land Selection Programs, for the reasons above set forth and in- cluded in this resolve as if herein recited in full. This Resolution to be effective on the date of passage and approval. Passed and approved b'{ the Common Council of The City of Seward, Alaska on this 1st day of May, 1967. Item 9 - ReP9rts_.-:s~on1..__th~~i ty Manaqer .- (1) We were requested to find a Feasibili ty study on ti,e Seward Airport and possible re-location and have been advised by the Department of l-\rmy, the State Division of Avia-- tion and the Federal l-\viation Adminis'cra-tion that they have no J~nowledqe of such study; (2) Reported that the National Bank of Alaska had approved the EDA Harbor Improvements Project interim financing at four and one half (4 1/2) per cent interest for such illAounts as the City might need up to Four Hundred Thousand ($400,000) Dollars with the loan subject to reduction as funds are disbl:!rsed ]:)'1 the Government to the City and iiYterest onl'I for I I I .?,egular rleet3.iv:;- ~:a'T 1, 1967 45 'che time the mone: is actuall~' loaned to -cne City; that the Council FO J_ld remember that i-l:S'" :i?inancial Advisor had a-t-tempted t.O neqo-tiate with -L~,':: First National Ban]~ of AnchoraCJ8 and was unsuccessful in placing the 1 )an wi th that :::;ank; (3) That the National Bank of Alas]~a ,-muld also advance the Fourteen T~lOusand Five Hundred (,$14, JOO) Dollars over"run/~Re EDA Harbor Phase II Constuction Contract on a t.ax an-ticipa-tion 'oasis for 1',67 'l'ax Roll and ,this loan also \vovld be on the basis oc onl r -the funds neecced, and at ':::our and one -half percent (4 1/2%) interest for the number of o.ays used; (4) Reminded the Council of Study Budget Session for the coming \\1ednesday and T~'lUrsday. (5) That the City's claim for Transi-tional Disaster Funds was closed vlitJ.1 receipt of final payrr,ent that day; that shortly after the disaster the City had estimated and made claim for total loss of revenues and eX:r~' ordinary expenses as a result of -the disaster for ti1e period from the disaster throug'h June 30 I 1966 at Six Hundred Sixty Thousand Three Hundred Sixty Two ($660,362) Dollars; that final detailed claims in the sum of Seven Hundred Fifty Two Thousand One Hundred Eighty Seven ($752,187) Dollars had ]::>8en submitted by -the ci,ty Clerk-Treasurer ana. -the Auditors in an efEor;: -to hold all of -the advanced iunds and secure as large a portion 0 c .the Eunds which -the s-ta'ce 11ad in excess o:c ;:he aCCLU1lIIlUlated esi::ina-tions [rm" all the ci-ties; that -the City 11ad actually received Six Hundred Ninety Four Thousand Nine Hundred Sixty One ($6~4,961) Dollars in such aid including the advanced payments and the final payments re-.' ceived this Eiscal year. (6) That a state Engineer had inspected the flood conditions in Resurrec- tion River and had received from theCity maps and specifications for a road in the Resurrection River Valley which could qu,alif:.' for some oft11e One Million Two Hundred Thousand ($1,200,OOO) Dollars access road money wl1ich t;1e sta'te has se't up, and -the fac-t that these maps and specifications are prepared l,vill en11ance the ;?roj ect as the funds are t:) }:,e used this year and api)arently other proj eets are not engineered. (7) Clmn. Srni-th suggested that Planning and Zoning should be vlOrking \vith a Pioneer Access Road Program on an area-wide basis and Mayor Kirkpatricl: concurred recJl_18s'ting that such program ~Je given priorit';'. The City Mana.. ger advised .tl1ere were lllany sources of funds for such proj ects but a pro- gram and recent: planning were ef'sen.tial. Item 10 . .9_~l!:.1S_i1-_Qiscussi_on . (1) Mayor I<:irkpatrick repori:ed tr1at the Alaska Railroad Real Estate anD Contract Officers and .t,1O representatives from GovernrJent Surplus Administration viill be in Seward to '''lOrk out t;,o details of the conveyance of the old Alaska Railroad Property to the City, reviewed the scheduled events and requested the Council to be present when the'l co,-l.ld. s;; IJl!.n.,_ SJs i nll.e_r. 11l9yed for ati 0 url~.n t ''!.niLl1.aj1gLJ~i};:.l;:p.a.t.rj-s):_ .9.!"s::J- 3_red:.._:th EO ~_~t ip3__a,djgur.necl. _'3.t _~.Q..;.?_O p. ra. tr? / J- Y ~ ~ ~~ ___~Z/... C' 0 ,.c:-L_~:4:7 ..~. Beatrice E. Watts City Clerk-Treasurer ,J I .1 J, (i . r I Jll1:.Jl= k~3U-4~-------_.- ---- R. ViT. Kl:&f:pa-crlcK Mayor Regular Meeting May IS, 1967 The regular meeting of the City Council was called to order by Mayor R. W. Kirkpatrick at 7 :40 p.m. I May IS, 1967. Clmn. Smith led -the opening cere.-- mandy, Plec1gG of I-\llwiance To The }'laq. Roll was called and those present were: Hayor R. w. r;:irkpatrick; Councilmen Tom P. Smie'1, W. J. Lantz, Lawrence Urbach, I':. G. Skinner and f.1aynard Willburn. Clmn. Charles E. Cole, Sr., was a~Jsent. The Ci.ty Manager was presen't. No minutes were ready. Item 5 - CiJ::..:0:en_,Qis.c:.!:l~io~~nc1 Public Hearil2S[ - (1) Received petition cor ~llev~Y_:h.n3..in lJ...u13_iDes~_istric!: - the City Manager adv-;~ed- h~- had~~-=---- ceived the petition for paving of the alleys downtown from Railway Avenue 4ti VOL 13 Regular Meeting May IS, 1967 tc Adams signed by more than fifty one percent (51%) of the property own- ETf3; would expect to have a review for the next Council Heeting, and \7011ld then get a price from the contrac'tor; that this would be a 100% Cls:sessment against the property owner though some owners would need to bE billed and be given permission to pay in installments. Mayor Kirk- pa.l~rick asked if the owners who have signed the petition would pay for i:he others and the Hanager said they 'vould not and explained that those HOlcld have to be processed in such manner that an assessment foreclosure proceeding could be brought against the property to collect the paving costs, if necessary. Item 6 - Corrun}lri::_ati_ons .- (1) Letter f_rom J)_e.!1ins_ula C_offi!I\.\cl.rli tv_~o.spi ~~1. bssociat~on Board _()_U_:fuE>_t~_es regarding the long term lease 'Hith the City and requesting flood coating on the roof of the building. The Hanager advised he had not had an opportunity to look at the, roof; under- s,tood it had not been coated since consturction, and advis~Zt~ ~11~r Associa-- tion nor he had any idea what the project would cost, and that he would try to get this informa'tion for the next mee'ting. (2) Letter from the ~t.l:Y_of Kenai requestin<:J discussion behveen 'the two City Councils re<:Jardin<:J items of mutual interest and a date was set for ,this. (3) Another letter from the Hospital Association requestin<:J [1] a City Budget item providing for Fifteen Thousand ($15,000) Dollars continguency funds for the hospi,tal; [2J requesting ,that 'the street in fron't of the hospi,tal be lowered 'co prevent flooding at the sou'th of the hospital and noting that the hospital had requested this :Eor many years. The Manager advised that there was no't money to provide Hospital Continquenc\T Item in the Budget and realized the Council understood this as a result of the Budget Study Sessions. Clmn. Urbacl1 advised his understanding was ~cha't the hospital didn I 't need the money -this year and had not ever needed i'l~ but did not wish 'to :::>e for<:Jot'ten, t11at it had not been budgeted re- centl' but used 'to be THelve Thousand ($12,000) Dollars. The Iilanager advised 'tlla:t he had inspected 'the street 'that day regardincj the request for lowering and 'ti1a't the problem here was that tlle water main would also have 'to ;-)e lowered three or four ::eet ana this \'jas going to bo a considerable job, that it is set up to do as soon as the City can ;:ind out how deep its v;a-c:er main is in t;1a~c street and work tl1e ;::>roj ec't in. ~'he JVIanager as;ced :U: he had ,the Co"ncil's permission 'to req''''cst snch items to be i:;rouc;l1t 'to the j\lana~'er I s attention earlier in ,t'iLe year. This was granted. (Also a provision of the Lease Agreement.) (~) Letter from ":~l.~ s..:ta'ee Acknowledqinqthe Petitions :g'rom sevl<g'5:lanq ell", Borouqh for a Railroad throu'Jh Resurrection River to the West Side of the Peninsula; (5) Civil Defense and Air Force Safe Haven officials will make an inspec,tion 'tour in Seward one week hence. (6) Replying to '1:11e Ci,t'!' s request to use SOEle of the land and/or iacili- b.es t,o be conveyed to t','le City by the l,~laska Railroad,t118 '~ail:road n,p17 that this would be permi,tted upon 8ignin<:J an enclosed IIold--:-J:armless l\gro8Illents and wi,th the understanding' t)lal: permission was revocable at an -/ 'ti:ne. Tlle City I'Ian2"ger ac1visca this i.'i::)ul(~ qi ve the Ci t='/ 1 i.:rcl.i"l:crl use O.l: 't;1e property durin'c' the six (6) nOl1'ths or so while GSZ\ is CJot ::in<:Jthe ;:j.nal papers read" and i:: approved 1:::\7 t'1e Council he would 1:11On secure t~1.8 sa.rc:.e }'.:ind o.c X--IC)ld....I-iu.rrnless l~greG~~li.Gni:s ;~or .til.e Ci-ty Erol-,1 "i:1108'3 V.7~10 \-,'ish 'to use the pr::ypert:,', including Sourdoucfh (2ueen, Seward ChaJ,ciJer ()[ COiilmerce centennial Conri1:L,t'cee and Alas];a sta'te Ferry. Cli,m. ~Jj,llburn asked if the Ci t:i insured such land and 'the ?lanager advised only those -;>e}~sons or 2irms ".jh:Lc',1 signed ,the Hold I-Ia,nnless Agreemen't for ,the city '8 pr:>tection would ]Je permi,tted on t11e j?ropert'!; ,that any ot;1er ,,;ould J::>e considered trespassing. Clmn. Sl;inner requested information as 'to ;,10\'.7 t'1e ,cormer Standard Oil [!:coporty .cit into ,t;1i8 and 'tile Hana,:'er cvJvised -tha.t ~?ropert:.;" \.'las i.ncl ~:!c1ccl in -the L:r~')an i}2118\.,ial proj ect, ,;]1.1creas +t:~1e ~(ail:c'::>a(~ Proper ::'c' was n~)'t, and tha't 'l~l1e Ur]')an Renevjal Pr'::>j ec t Land \vol<.lci come to the Ci,ty under tlla't PrCljecL _Clill.D-,--}:J.iLU)U~IL:::.~'J;_;:lQ-Je_ _:~il~_-L \~e , g i y_e~1~~J2 ~:~~;::.~_!_,_q~,!~. C i t=-Y.li~.~,~SLS: I.L_~~~'.!.~_,_~~1-t112_~~ ~~ .~.~,~~? __~!:g _ f3 :i_ .:f.!:__ J:_L~l~_" liE_~ -1~ r ~~_~~~~~n j:;.. _~.I_ __~.L~S;Ql}!l~ c1 _ b ':( ,_~ ll~l!!:. . _. "_~U -j~ll11...eJ;'_~_~! ~ '~_<2_,_-~!l_~1:0:X:~o_~le__,2~_~_~ I I I ~egular Meetinq May 15, 1967 \TeL 13 47 (7) Letter ~rom t~e City Attorney regarding tax foreclosure matter and explaining that he had not been ~)le to attend the 9revious Borough Assembly Meeting, suggesting al-ternatives before the Council and request-. ing instructions. The Assernblyrl1en advised that this mat-ter had been tabled by the ,Assembly after receiving -the City Attorney's phone call that he could no~c attend and reques-ted that he be present at the meeting ",",'hen this is taken up. The Council requested the City Attorney to reserve time for this and to be notified the date after the Seward -- Kenai mee~- ing. Item 7 -. O:t:'~.~.I15lPc~.,? and Resolu'cions - (1) ResolutioI1__J'J9.,.,..?_?9 Establishing Deadline for Filing Plans For Building Under Fox Offer to Lease in Seward Marina Subdivision was read in full as follows: RE S OLUT I9~LJ1.QL.i?.2 ') BE IT RESOLVED that RONALD E. FOX and GWENDOLYN 1. FOX be and are here]:JY required to file plans and specifications on or before July 15, 1967 for the restaurant-cocktail lounge building which they propose to construct on Lot 1 in Block 1 of the Marina Subdivision in The City of Seward, and if this is not accomplished, that the offer to lease said land shall be and is hereby rejected as of that date; and BE IT FURTHER RESOLVED that said plans and specifications shall: 1. Conform to the general description supplied by Mr. Fox as being an attractive, high quality, two story building with cafe dmYnstairs and restaurant-cocktail lounge upstairs similar to some sketches shown to the City Officials prior to May I, 1'::67, which -would enhance -the developmen-t and appearance of the area, and might cost around $100,000 - $125,000, 2. Conform to the City of Seward Building Code, Electrical Code, Plumbing Code, Fire Safety Code and to the General Corrm\ercial District requirements of the Zoning Ordinance of The City of Seward, including Section l4.A. and Section 14.B.7 of said Zoning Ordinance; and BE IT FURTHER RESOLVED that the Council hereby declares that the intent of this Resolution is to establish a deadline for filing said plans and specifications and to set forth the basic requirements, but in no way to restrict or limit tl1e Council's authority and prerogative as owner of the land to require reasonable alterations of said plans and specifica'tions This Resolution shall be effective on the date of passage and approval. Passed and approved by the City Council of 'rhe City of Seward, Alaska, this 15th day of May, 1967. Clmn. IrVillburn suggested that -the City include a date b-; which construct-. ion be commenced and it was thought ~chis should be in the lease agreements which have to be redraw-n. To question the City Manager advised that the Liquor Control Board meets on the 17th of May and further advised that Council had the right to restrict its approval of the liquor license to that one location, namely Lot 1 in Block 1 of the Marina Subdivision, and to include a requirement that it can not be transferred [rom that location, can also include the requirement that in consideration of the license that a motel must be considered; that the State Liquor Control Board is agree- able to an" restrictions the Council may wish to put upon the license. Mayor Kirkpatrick spoke in favor of the tying of the license to that particular lot and advised he also favored t:he requirement for a motel as he still thO"lIght this was a good idea and Mr. Fox's financial backers are desirous of a motel. The Council discussed the content of the resolution in detail as regards each particular requirement and i-t was then agreed that the resolution did accomplish what t:1e Council wan-ted done. Clmn. Urbach ~:_:'L1ng.v.e_~:Jl.~t_w_e..9dopt.Be~01utioll. No. 629_ as _..written". Seconded )y.,--.C 1 nm.. .'i1li..llJ::>J,I.:r.l1.. ..C.lmn . L an t.?:-~~~L.\V_o ul d...J:J ke_~~o~-_ ~;,;;;n~=~1.~-;0 t i.? n -b.;~. !a!<ing__()~!. .t:E:...e_~".?Ec~._"tw~.!3toET ).c1.:-L.h.din.9 wi t_h caie downstairs", so it read~'::"'thC1-."t"H.~.t. }?~. .Cl_l1_~9J1~:..al.i.ty J)yilAi.n9-~~i th.~-af-;'.~nd coclZt-~il.loun:ge" as he did not thin}~_ the resolud.on should~~~~,;.t~~- b-e.--r-;q.l;~C~.i-n-g--a two s-tor/ building. Cli-LIn. Urbach advised he was agreeable to amendment. Clmn. Will bur n ad vis ed.l1'e"~0 u i d w rt:b.'~l-r.a'Wh i s-~ e ~ 0~.dif--til~e-;1~-().,t'D;;1-- w-a s ;1~ ang ed . 2..o..te_o.nS:..l~iri:=j~r~:;a~I1..~~-~o-t~_().n -:~C.lmri._ SmTth:~ yes] C.l~~'. i,.~n::t=~., ~o.!~ Clml1..~~. U:r:..:"? a C:~Y~..?J .. ,C.l.!.T'~l1.~. ~J<:._i.n.!l erLLEe~J _..r;lI!1J1.... _ }AJJ LLl:Jl:'l'_ll... Y.E=_S.L Mqyo r Ki r kpa t r irl", ves.~__m.o_t io_n_p.a.s~-,,"d :_ Item 7.2 - Third and final reading of Ordinance No. 358 Repealing Ordinance 4b VOL 13 Regular Meeting May IS, 1967 )-)0. 350 and 354, which are the Midnight Sun Television Contract Ordin- ances, was read by number and title for the third time. gRD]};J]\.1J~~_NQ,,_3 513 AP ORDINANCE TO REPEAL ORDINANCE 350 AND 354 OF THE GENERAL CODE OF ORDINANCES OF THE CITY OF SEWARD, ALASKA. Ttffi CITY OF SEWARD, ALASI<A ORDAINS: SECTION 1. REPEALING CLAUSE 'I'hat Ordinances 350 and 354 of the General Code of Ordinances of the City are hereby repealed. SECTION 2. PUBLICATION Publication hereof shall be made by posting a copy of this ordinance for a period of ten (10) days on the City Hall bulletin board, and by publishing a notice of the place of posting and a brief statement: of the purpose hereof in a newspaper of general circulation in the City, within a reasonable time. PASSED AND APPROVED by the Common Council of The City of Seward, Alaska, this 15th day of May 1967. ClJl1.n._~_..'yvillburn _.-.::__:'lmov_~ we adopt Orc1_~!.l_a~_e NQ..~_ 35il~~~conded.JJ"y .911>1..n. Smith. Vote -,Yna!1..:i-mous_~ Item 7.3 - Re-30 12Ol.1:.0!1-l'Jo ._62~ was read in full as follows: RESOLUTION NO. 628 _..._.- WnEREAS, a unjform delinquency date for monthly charges for moorage or rental fees for use of the Seward Municipal Boat Harbor and for monthly charges for electricity, water and garbage service is desired for consistency and for a consolidated billing; NOW, THEREFORE, BE IT RESOLVED that Resolution No. 441 be and is hereby modified as follows: CONDITIONS: -~--,--- All moorage or rental fees described herein are due in advance on re- servation of the berth or facility and thereafter on or before the first day of the mon-th. J?ailure to pay the moorage or ren'tal fee by the nineteenth (19th) day of the month following commencement of serv- ice shall cause the account to become delinquent and thereupon a delinq- uency penalty in the amount of ten (10) percent of the delinquent charge shall be imposed. Each month on the -twentieth (20) day of tb_e mon'th, penalty shall be assessed against all rents due prior to that date in- cluding rents cOlnmencing between the first (1st) and the nineteenth (19th) day of the month. This Resolution shall be effective June 1, 1967. Publication of this Resolution shall be made by posting a copy hereof for a period of ten (10) days on the City Hall bulletin board, and by publishing a notice of the place of posting and a brief statement of the purpose hereof in a newspaper of general circulation in the City, with- in a reasonable time. Passed and approved by -the City Council of The City of Seward, Alaska, this 15th day of May, 1967. Clmn. Lantz questioned if the current rrronth rental were considered delinquent if no-t paid by the 20th and it was explained it would be delinquent as it is presently delinquent on the 1st of the month for the coming month if no-t paid on or before the IsL Clmn. Lantz advised he did not approve that provision; however, it was explained that such is a requirement of tl1e original rating resolution. This matter was discussed in great detail as well as related harbor charges. ,CJ,.mn. u,rl?_c:lch - "I mC?ve fo:r:._Jl_CloPtiC?E.-5'f_ResolutiC?n..N~_6.?8." SecQnded _..E.Y C J-~nn ~ 2 k i.nn er..!.----Y9J:.e.-=. .CJmn . Sm i t'Q-L..Y.8.13.L- C Imp..!.-L an t~IlO.J_., C lmI1L_Q.:r- ba c h , yes; Clmn. Skin~e.J:'_I.Les i..Glmn ..l!ill1:J.ur.llL ::L~SL_ Mayo~ir]~~tF ic1(.L~ role> t..:i- 0 ll.J29 s seE..!.. Item '7.4 - Ordin.a!1.c:.e.~9.~_ }59 Repealing Ordinance No. 346 l'Thich Estab.- lishes a Salary For The Office Of Mayor, was read in full for the firs't time. ~lmn. Skinner - "I hereJ::J.'LJllQYiL,!:hat we ~rove of t:}}~fi~_~ reaS!.~!13-.of orCfinancepQ',~]59 "_._~ecQnd_eQ. bv_.C.11I1J1__ WillbuJ;:'Jb_30t~:-=-_ Unan~m- gus !_j:..e~ I I I ~egular Meetin0 May 13, lq67 VOL 13 4~f liayor_ ]Zir)S?_a_c,r,i_c::J,_._g511Le_d reces_~_. _~t_3 :),=i p. r~~lc1EeS.9._l?-ve]:!:.eQc-~t_ ':): 1 02__ ~ ,-, w i th_t!:.~e__s_Cl!:'~__2,!S~~L1l' e l:':?_ ~_~_s_~ n t.._a s _~~~pr e s.en t__b_ef 0 r.:? _t;,_e_J_e c e s s . . Item 7.') .- R~3-'?:1,.lLtj.9._n No. 626 ':vas read in full as :0118\';s: .RESOLUT10i'LNO.626 li'lHEREAS, t}le importance of plan'tinCJtrees inspired J. Sterling Morton 'to move the Ne::.ras::a S'tate Board oi Agriculture to ado1Jt a resolution pro" claimin(; April 10, 1:372 the first ,i\rbor Day; and WHEREAS, t',lis ol:;servance has con'i:inued thraugh the rears and has becone an annual even'!: across the nation; and 1^THEREAS, eac',l state chooses a date 'to emphasize the desira'-,ili ty of clantina tr~es that is best suited to their climatic cnnditions; " ., NOW, THFR:;;::ii'C7~S, Bi': IT RESOLVED t;-tat j'!ay 21, 1')67 is 'lere:," especially se't apart as Z\r1';c::>r Day and consecrated .cor tree pL:m'ti;Yf in The City o,e Sev.;ard. BE IT FU'~TT-fE-:( ~~r-~SOL\TSD that t~1e '2~~:ercises of Ar})or :')a-'/ ;-:(la.ll qive (l,ve ~1onor to t'1.e c,:)l1ssr"'.Ters of 2':Jrssi,:rv aD.'~1 t.he founders 'J:: t_J.-~t<'? stuc.~.'/ and c',nser',ation of AJ.aska Eorestr~. BI:; IT F{T':<..T:,t~~ ~ :~_J~~E:',C1~c'\7ED t~.la.t t~13 peo::?le 0_:: Se"l~'11a.rc!, recJqnizc: t:1G ir\?Or't2.l1Ce ,'")J:' tree pla.11-t:Lnr; ,':'JX' i':~1e beallt:_j,_,:~icati~)n 0,:: the lanc1sca~?2 c.nc{ the COl1Se~I':-';Ta.'-' ti1Jn ~J:E Ol,~r nat.~1_r22. resi')urccs. Pas.s'2d an~~ a":?::~X:::JV'2a }_~? t~1e Cit-:: ,'::Yll1cil o,c T~l(~ ci,t,;,- eLL: )'~'-"iard, Alasl:;:a, this 15t-Cl c1a;- D.!' 1'",167. Clrnn. ,:;,).':inn'.:;J:"' as>;:.,::..~_ '<",,,here the ,':j_rs t tree \,yol~ld be ,,?lantcd, a.nd 'tlle j\'layor advised that ~,:r. Galea, District ?~rest Ranger, int'~nded to plant one at the City--,si:a';:e Bl.'Ltding, one o.t tIl.," Cl1amber of Commerce Information Cac~le and 20 sprucG and 20 birch trees in cans for the mall on Fourth Avenue as part of the Centennial Celebration. ~:L,Il~~,_'yrb_a~h _-. ~1,-Il~o.:'Le__~~~ the E_clg:2,tj, on__o.c. ,;~ e.",.o l_Ll~t)_ 0 n _N_o_.. _6.2.6_"_. ,_. S_e~__o.n.9 e cLJ)y._c IT1ln_,. .'T)_ JJl2-u.rn ,_.Yo t e_~ .!l_n_C'l..n.~~?.u. s _'y'~s_,.. Item 7. G -- .~{c::sol'l.:1.:tiQn Lo. 627 v'J"as rearJ in fl.lll a.s :~)11J'.'IS: --,- - - _."- ,. -..-. .---.----.-.-.--,- ~B s Ob_U~:,::: Q~ NC-,_ ('. ~.? ~,\Tr_IERJ~AS, our AI.:ic:c.ic2n J?lag is -;:....12 st:a.nc1ard aroun,:~ "'i"1icJl a :c~cee people stru']glcc1 'co cC'l.l_116 a great nati,~l1; a.nc1, \rVH:ER:eAS, Jt'.~.112 1,::: ~:_s tIle anniver~;ar'.i ':)_;.: 'i:;'la.JC da.~'l in 1777 "':,'l,H211 '='::,l.e C~)n-t~~1l,2n"- tal C(~mgress').~'i:~le United Sta.t02::>': ~'11erica [orrna].l,- ac'o,)i-.(,(} the .3tars and Stri?cs as t1~e National FIa]; an~ T'lr-:IF:~EL~S, o:.,-r ,~\.-"--1er:Lcan 21ag is re'.Tered as a SY~Tl~>:)l r:) ': 2. \.,TO vote~ to t~12 ?rin~~+ples of li~JGrt}r and justice ,for aJ_l; I'TOVJ, TI{F>1F::?C"1~, E'--:~ IrE RESOL'IBD ';_>la't Jl_'.ne 14-, 1(~07 s~lall :,8 COTtlT1ernoratec}. as FlaSJ Da"..- :i_n /_:~i.:: Ci -f:.y (J.E ,sev.,a.J:-d 2nd t~_l.at all patriotiC' c:i_-!:izens of Seward are reqllested to partici~ato in pu~lic and ?ri~ra.t2 ceremonies; Qnd BE IT FU:;::<T',:D~':"{ .!.~EStJL\fl~D tllat tH~1~=: 'il-20'910 'J.c+ S3\,'ja.rc~ reflect ;,:'~-)eir rna.nJ }::,less inc.: s, ,,"='1'!p.?c'r t 't~l.e cause (),: ::r~edom, and re,:?lec~,~j'>2 .t__~"eir honor and lO:..Talt,/ > 1 (~::,_s,,?la~."inC] ou.:-: ;\.rL1er::>::ai1 -:?lac~ vflere-,ever ~)':)ssi~_:l ~ on 't:lis special da;;-. Passe~ an~ ap~~oved tLlis 1)t..1 c,a' c: ~:,:2'{, l'~'>S7. J '_ life de., ,; 'tJ1e Ci'c-;' ~o'l:l1cil o~ Irlle Cit-, 0': .3 ~.="~:'..;-a .-C d , Alaska, ~lnU1._':;J)JX>'FX1.,'. ."_I !1lc.ove "ve~d:)'Y;:__."3::,=,_sol..!::1.:t_i.QTl 1':;o-,-.f::.-2},"_,_. ;3ecc0!l:d~_cl }-]. Cl~''ci1,. _(31~i_1!_ner~___ _?o.:::._~_ _+ ._ Lll~aniTnol~~_ ye_s_o l'-':ayor Kirkpatric}~ adv::i".se6 '~1e had appOii1"C-- ed a. ITlag :Ja~~l CO:i_"~"l1ii:tee consis,ti~1sr o,c Ray Lf:?e, reprcsent:.in~r the Ameri2an Legion, Bill 3rLE.7j.n representinCj t',le B.P.O.E. ElLs, ane ,Joe Capellart represen'tirq ::llC u.s. Coas't Guard. ~,1ayor K:Lrk.patrj.ci: aJv:lsed also tha't r/la.y 2S at:- 9:00 a.::.~. 'lias grand "J~?2nil1~.J 'Jr ,the U.S. .I~~i.r:~':")rce T~ecreation Center in 0'2,\'lareJ 2.l1cJ. -thaJc -tl.le C..)uncil \Vas in'<,Jited to lunc':-l2on. Item 7.7 'T'"e Ci,ty Uianager advised that the engineer on c_'e EDA Harbor Improvemen't~_ Pro-jec't"ac1 been in:cormed 'JY'::!);; that it could not 'trans.c':!r the :;; 6,000. m :!:ud~IGt item .cor mechanical, under construct ion section to cover the CLOO;" and ")oa't lift cO;lstru,C'c:lon, vvhich ',,"2ans t:hat: instead o:E $1-2-,079 over.'run::m the dock and ~)oat lift construci:ion item ,there is actual Iv $20,079 C)ver--run; 'thai: he had already made arrangements with 50 VOL 13 Regular Meeting May 15, 1967 i.!c',':ional Bank of Alaska for the $14,079 and rather than amend that a:e,-angement, would prefer to borrow :crom the Electric Department under ClJTangement similar to .the approval CjTan.ted by the Council to borrow co cover the final on .the dredging contract; but that it was necessary co guarantee the over-run 'to the Governmelyl:. Resolution No. 630 was ceild in full as follmvs: -----,.- ----- _RESOLUTIOli, NO_~_~ 3 0 i'IHEREAS the apparen't low bid for Cons'truction Item I, Total Dock and Boat Lift structure of EDA proj ect No. 07-1--00089, Seward Small Boat Harbor Industrial Si'te Development, Dredging, Dock and Boat Lift from the advertisement for sealed bids which ".;ere opened on April 21, 1967 is Twenty Thousand Seventy-nine ($20,079) Dollars over the Estimated Project Cost, Line Item 3.b.(1): Apparent Low Bid - $244,345; Estima- ted Project Cost, Line Item 3.b.(1) -. $224,266; Balance --_~_2i2L!2J9. NC'iI, THEREFORE, BE IT RESOLVED that The Ci'cy of Seward hereby guarar.tees .to the Economic Development Administration, U. S. Departmen.t of Comm- erce that it will provide the above stated sum of money in accordance vlith Section VIII.A of the Standard Terms and Conditions of the Loan and Grant: "If the actual costs of the project exceed the estimated costs, the Borrower will provide the funds for such excess costs." This Resolution shall be effective on the date of passage and approval. Passed and approved by .the city Council of The City of Seward, Alaska, this 15th day of May, 1967. Clmn..,_ Smit]:1_-=-~_ move_.:E.2E_.adoption of Reso],ution No. 630~~____S~_0_J:ldE:!j...J:2y ~lmn. Skinner ~_._ Vote__~:_Q!lanimous ~..!- Item 7.8 - Resolution No. 624 was read in full as follows: _______, __..__~__._..4 .__..__ ~.?_OL.1:L~I O~N..9~_~~1: BE IT RESOLVED, that NATIONAL BANK OF ALASKA, in Anchorage, Alaska, be and it is hereby designated a depository of this Municipal Corpora- tion for funds of: CITY OF SEWARD S~ffiLL BOAT HARBOR CONSTRUCTION ACCOUNT and that funds so deposited may be wi.thdrawn upon a check, draft, note or order of the corporation. "Be It Further Resolved, that all checks, drafts, notes or orders drawn against said account be signed by any two of the following whose signa- tures appear below: /s/__,_ ___.__.________. /s/__._.____,___,____. Kester L. Dotts Beatrice E. Watts City Manager City Clerk-Treasurer and countersigned by anyone of the following: None. whose signatures shall be duly certified to said Bank, and that no checkc, drafts, no.tes or orders drawn agains-t said Bank shall be valid unless so signed. "Be It }'urther Resolved, that said Bank is hereby authorized and directed to honor and pay any checks, drafts, notes or orders so drawn, whether such checks, drafts, notes or orders be payable to the order of any such person signing and/or countersigning said checks, drafts, notes or orders, or any such persons in their individual capacities or not, and \vhether such checks, dra.cts, notes or orders are deposited -to the in- dividual credit of the person so signing and/or countersigning said checks, drafts, notes or orders, or to the individual credit of any of the other officers or not. This Resolution shall continue in force and said Bank may consider the facts concerning the holders of said offices, respectively, and their si9natures to be and continue as set forth in the certificate of the Secretary or Assistant Secretary, accompanying a copy 0:1: this resolution when delivered to said Bank or in any similar subsequent certificate, until written notice to the contrary is duly served on said Bank. This Resolution sl1all be effective as or l'1ay 4, 1967 to give confirma- tion and approval .to the notices or such banking arrangemen'ts forwarded -to the Economic Development Adminis-tra-tion on that date on prior verbal approval of this bod",. Passed and approved on .this 15th day of M.ay, E\67. I I I ~egular Me8~ing May 15, 1967 ;-)1 \]0.1. 13 elmn. Lantz requested a third signature on the Resolution 1n case ~18 City filanag'2r or City eleri<."Treasurer were unable to si'Jn and the Manac;er explained this '_-7ould greatly increase the Fidelity B::md costs under t~-,e Project. el;11n. Skinner -- "I so. ~11.?:II-.e_~L:~o12ti()l1_~~B:e_solY,::L?rJ...l\TO. 6}1.'~" Se<;.ondes"L b-~ ej:2Ll;;~.~.,?~:tl"l.,___.Y_<?t.c.~. gP:<3..1"lj:.!:'TIOU~ v~~ Item 7." .-- B-5"".sgJ.u.t.i2!l_ No. 625 approving Int:erim Financing Loan Agree-nent wi th Nat,ional Bank of .i:>,laska for ,:;mall Boat. Harbor Improvements EDA Project was read in full as follows: RE:SOI=uvor:~1icL S____2] BF IT RESOLVE~D -tha.t t~_1e City C01J.ncil of ThE! City o:c ,Seviard, }\laska here]")y authorizes and approves borrov;7ing funds from the National Bank of Alaska to supplytbe construction or interim financing for the EDA Project No. 07-1-.-000-3S, Sa'liard Small Boa-t Harbor Industrial Si-te -Development, Dredging, Dock and Boat Lift, a-t the terms set forth in a letter datec". May 4, 1967 to iilr. IZes-ter Dotts, City l'Ianas-er, City of Seviard, from fir. Thomas L. Schworer, Assistant Vice President, National Bank of Alaska: Up to $540,000 in such amounts as needeci by The ei ty of Seward, at 4. 5:~ per annum interest to be charged only fer the amount actually borrowed and for the time that the borrowing is actually outstanding, said loan to be secured by the Gran't and Loan }\greement dated Novem}ler 2, 1')66 between tile United Sta-tes of America and The City -::Jf Seward for the above descd.l:::;ed proj ect; and BE IT FURTHER RESOLVED tilat th,e City r-;anager and Ci'ey Clerk--Treasurer be and are here}:::; 7 auth'::Jrized i:o execute said loan agreenen-t, -to file tile Statemen-t of In-ten-t wi ti, Respect -to An Economic Developinent Loan dated March 20, 1~67 ]?!:ovided by the United StatEs of America _Ear such purpose, and to do all thinc[s necessary to secure tIle needed .cuno.s to promptl'T pay such a:,-,v)un-;:s as may corr8ctlc1 ]")ecofc1e due durins- 'ehe construction a"E said proj ec-t, and at the same time -to keep the loan amoun'ts minimum and for minimwn peri~ds oE time. This Resoltrtian shall be effective on -the date of passage and approval and shall confirm filing said May 4, 1967 letter with the united States of America prior to this Resohrtion becoming effective. Passed and approved this 15th day of May, 1967. Cl.!.np.. ...J3l:~tti!.._~-..:'.I._ll~oY_~.J9"r__a.<':l.QP:t.i_oQ g)~_. ResollJ,!: i on.....}l.0.,_ . 6 ~ 5~_.~ econded l:~~ ~Jgm~'yrbi3._c.ll_,__. y.o.t~~.....:.~_ UnC!cnimou.s_ v~s ._ MaYQE_l~i r kPA.tLi.c)~.c_a.J 1 e<iJ_e_c e s.s._.i3.J_.9.:.J.9-2_, m -'.--2nd_~esg_n ve_n.ecl a t_ S :.:::15-2~'::'l, w itll th e__5._C1!!~e_I'l.e!:t11.::c e.r~.:t:'~.?_e.n t.2.5.....'ve ~_PI e s en j:_ J?~ for eth ~__~ c e s s . _ Item 7. 10 -- "'3-.~_cei~!.e_d-1-~2.:Z_-=-1-5_6_:~ B~(I.5l~J:_l'ropo~aJ_C!cnd_ .Date for Public;. H~_"'-:r:.inq -- T;_le Ci't,,- Eanager brieJEly reviewed the: budget proposal, call ing attention to total general fund revenues estimated to be $391,572.67 and this figure including a 2 1/2 mill Real and Personal Property Tax in- crease or a total levy of 17 1/2 mills, estimated Electric Revenue $396,350, estimated Water Revenue $75,500; the Manager reviewed the total expenditures b~ department and noted an estimated surplus of revenues over expenditures in the Electric Department $58,120.75 and an estimated surpl us of revenues over expencli -tu':es in the vlater iJepartil~ent $10,099.:50, and that this department would have a deficit except that the 1962 bond issue was bUdg-e-i:ec1 :Eor pa';1l:len-t ;~-, tl"l8 general fund. Clmn. Skinner in.-- quired about Ute CJas and oil ZiSt1re in the -"larbor budqet and the Manager advised he was certain the budget would need to be revised as soon as the accountant has developed current expenditure figures as the allocation of expenses by others in previous months does not fit present interpretation and hinders s01.1n6 ;)udget estima-tion. .Clmn. Smith -- "I move we receive the prop_o_l?~.ct.J3.,:ldqe~L_ .~o0_%6':.E~?.an~e_Lthe _ hear ~.([_~t"e_Eg~~'__1::_he n~xt L~qula"!:.r.l!..e.e:U.n:::.L__(),I1_;JY!le S..L_J~:}.6J_"_,__.seconded b\T Clmn. rIJilFmrn. Clmn. .....------...--- Lantz asked j.c the 1/2 mill was a;-!solutel'! necessary" or if the increase could be held to 2 mills and -t'le Ci-ty jIJIanager said it was, in his opinion, absolutelv necessary, that he had figured it at 17 mills and found that 17 1/2 was absolu'tely necessarv. Clmn. Lani:z advised 'chat this was a.ll ~1e needed -to knoTv'l. vote ~_ Un-,?_l}_~I~'!..Q..Us_"..::z~_~_~_ r::q ~)~ VOL 13 Regular Meeting May 15, 1967 1t8':(I 8 - Beports_fr..2.!!l-.:t}~e_Borouqh_l\_s~_emJ?lvmeJ!__-' (1) Clmn. Smith advised t~at the Borouqh Equalization Meetings had been completed with a minor nunber of petitions for reduction and those being mostly people who are holding land for specula-tion, and all equalized at the assessor 's re- cOIllTIendation; except -tha'c the Win Ervin property in Seward was reduced; (2) At the present time the Borough A;:>praisers are working on a ~ olete re-appraisal of all land and buildings in Seward; (3) Have re- ceived the Borouqh Budqet witr.out a capital improvements program even for the schools vlhich had been specifically requested; that in this reqard the School Capital Proqram had risen in estimated cost from $5.000.000 to $8.000.000 and the financial advisor hired bv the Borough suggests that $5.000.000 to $6.000.000 for school capital improvements can be raised by the Borough within -the nex-t five or six years. and that the majority of the assembly seems to favor raising the mill levy to write a short term loan to be repaid while the high tax base is assurred as it may lovler in 12 years. Taxing of oil and gas industry property was reported in some detail. It was also reported that the Assembly passed a resolution instruc-ting the School Board to prepare the Mas-ter Improvemen.t Plan subject -to Assembly approval and for -the 3cnool Board to supervise construction of the buildings after a\'iard of .the contract by the Assembly. and i.t ,.Jas thought this clari:Eica.tion would expedite the SCIloo1 Improvements Program. Clmn. SmiHl reported t~la-t the budget provided :Cor a Planning Officer and Clerk. \,1hich position he approved for the future but though.t not needed at, this -ti.,ne. Clmn. Lan.tz re:9orted that the Ta;; Forec losure Ordinance ,'ias -tabled 1..1nJcil th.e ne)-;:-t [Clee-ting. Item 'J - _llepoJ;j:.!3__:cfor~ ~t]1.?_cttYJ:1.a.!l_~3~E .. (1). ~ila~ ~sw~t5eiiv~gs~8d con- venJ_ence to people usincr tIle Seward daxbor -tna~l:tisR~nq 'flcenses {muld be available for ;:)urch.ase at the Harbor JViaster I s office; (2) That the general fund had advanced a little over $95.000 to the Har1;.or8DA Pro- lec't for cost of dre(3.Cj:Ll1'~ and. as -t:J.sre is a project buck;et lj.ne item .c:Jr interest on t!_lac par.c 02 the pro:] ec.t. tha-t ~,e intended .to borr'Jw s1',f:,::Lcien"t E'Ioney tU1(::.sr 1,:"~'lC IJational Ba.n~::. o.:~ l\.lasJ:;:a interi:n ::"inancing loan ':0 repay the general fund. and viould appl\' to EDA for disburse- men-t at the earliest possible time. wl1icl, he understood to be wil.en the entire proj ect ,vas 50% complete. Item 10 - co~ncil.D.i~c;~3~O~:b ~ Hrc~~n_.__LAn___t~-''l. 'No~l_g.;Jj.);:.e. _c;o, j:~ove J::~'1at_BesqJ utlo.ll...:~~.6.3JLCQJ!l.lll.~DJ1111q ~h_e. ,'I'_J:".E-S).:':.-'I'e~ an_(~L..:!::.0:_e_~.J:". .cP_aSY\ .E.or :t..1:1.e.iE_ Eartic:_~p.aJj..o,n__An(:l_22{~~_1l_ep.J~_sho~d:_n3.. in ,j:he recef).j:.me_~t_ hel~~in An. c:.h.9 r a3~':~__E; e c_o,~'JS1,e,cl lJ.Y..C l~n .-.l3~,- i th .,._.. Yg_te__-.'yn an lm<2-cl..s. v,?_s..L _C)2:'_\l~ i'l): Ilbl"l.:-r.!!......a.s kinq:to-.J:)_~.._e:~;~u s e~ }..EJ::;QI,.lJ.'I'J: ON l:,-,,~. _~~~1:. T:!E::::::1:2AS, t!.l.e Sewa:cd Hic:('l School TracJ; TealCl competed in four eleets this spring including the First Annual Kenai ~elals on April 22, the Homer Invi.ca-tional [<iee-t on .:\pril 29. tile Lanai Peninsula Borouc(l Trac';: 1.'[ee-t .)n Nay 6, and -t',l.e (/.1\882\ :_{egional ,'lee.t on I'LC1Y 12 and 13 a-t Anchorage; and .';}F;;RE.l\S, the Seward Hiq!, School TracL Tealn O1~tstandingl\T represented tlleir school in blese evr3nts by consistenclv bringing home ri}Jbons and' taking many honors. including the setting of new Class B records bv Dale Shea in -tlle mile run anC'. Hike Blatcn:;:'ord in the two IC1ile run and a ne',,1 State record by Bill Vincent in the ~~O yard dash; and '\~:'J}IC~::~EAS I Se\tlarc1 ~_j_ s ~9rOF0. of tl1e fine s 1) r-l,,'linq and -the sport.sHlanl iL:'2 con- duct .i:hroughout 'the veax of these b01S '.'Tho '/lorked so Ilaxd to cm:;.e this ~)rogram a success; lTC":]. THEREFORE. BE: IT RESOLVED that .the City Council of The cit" of Seward hereb'! cotcU1,enccs .i:11e ~;eward High ;=:chool 'rrack Team and 'cl.l.eir cQach, Maynard (Pete) Willburn. for their many achievements and e~cell- ent representation during the various track meets and particularly dur- ing their participation in the Western Alaska Regional Meet. This Resolution to be e~fective on date of passage and approval. Passed and approved by tile ci.tv Council of TJle City of :3ewarc. Alaska, .t-llis 15th day of May. 1367. (2) '1':-0 inquiry res:rardinc! relocation o:~: Airport Road/Seward :,-J.:C::;-tl\vay intersection, the Manager advised that Mr. steen had been transferred I I I :RcS-.::_j_la.~r 1'/;,e2-tinci ..-' J.)f 1067 'L '_3 f) :-l t.o J1,}neaU an(,. lis ..replaCer~eIrt a( ",i_sed \.<len 118 -~lac1 ~='~~COjl.l'3 _i:a~-niliar W~~ ':. '.1is jo}) tha.t i.1C Vv-,;l~":.ld con:.e to SCi."lard. Clrnn. Smit'-il. a.dvisec~ he \Vas c.,'Jn- cerned ab01xc i:be accessibilitiT G,~ lots in t:he Cra,,,f')rd Aa.c,ition and t ',at unles s .thel\ir"l?oJ:';: :R.oad is .cec::)l'ls'truc cecJ. to i -ts pre,,, ea,rthquake leng ttl blat pea;:Jle '>'Jill net be able t);e'ti:0 'Ulai: lan:3, andt.'er,~,;:::JJ:e thOUg:lt - , ',- t 'I F"" ] " '''1'' '~r"sen't pla~ -'ac tellS was very :'_::tlp'Jr'Lan'. "'_ayor ,.:,lr,-:paocrlC: aCl'Ilse'::., 'C'. '- J:'- _ _ _ ,'\"" .for a road -C.O CDYfl;3 d:J\vTI t:le e2.st. side 0:( the airport e::cl>~nsi0n and thv.s gi ve access 1:0 tJ.'8 Crawford 2\o.6it:ion and the land ar )une' '.::'le airJ?or I:: rumV'ays ;t:lat the l',laska Railroad was pledqed 'to assist C~le City in securing construction of such a road in place of an e:{tension oE the Airport Road across the presen'c railroad 'tracJ-:s; thact~l.ere was also 1:::12 possibilit7 8': a road corning o~~ Nash Road and south to this area. (3) Individual Letters of Comlilendation 'to members oJ: the Se",ard Track 'ream were reql'ested; B ill vincent for a ne\" record in the 4,4,0; Dale Sllea for a new Class 3 rec~rd in the mile and Mike Blatchford Ear a Class B record in:::lle 'tuo mile; that for the J:irst time Sewarc1 will nmV' be en- tered in the Record Book. (4) TheCouncil ilK[1Jired of the status of ,the Alaska ['ax'; ne and Errl1jDment request to lease in the harbor area and the Manager advised t~l.at after submi ttinc:r the Council's policy 0; re-evaluation of lease rental each five years that Mr. Johnson had spoken his protest and his intent to send a letter se't,ting ,':0rth his vie','ls, that he had telephoned again regarding deadlines but had heard nothing further from him. The Council requested this offer to lease also be followed closely. (5) Discussed the need to clean up the water-front area commencing in the Small Boat Harbor and all the way around the water-front and plans were made ,i:or ,this including getting rid 0:: all sor'ts of private propert,] left on City property. (6) Resolutions No. 362 and 633 Commending theAchievemen'ts of the Studen'ts ~f Seward Blemen'tary and Seward High Schools at the Science Fair and Forensic Meet were requested to ;Je prepared and forwarded imrnediately. Clmn,-,-UrlJll_c_~l._-=~'l_~-01..,-~d sQ...l1:.~()'y~e_"_,_ _ E_eS_()!lded_EY_~ Clmn,L.~7AlJ)?l1F~.------y'o_te -_ !Lnani}11..<2:I"s ,ye_f3_. RESOLUTION NO. 36'Z lD3Z-- ----,'--.--.-----.-.---...--- \i'J1I8REAS, t'l.e \,'Jilliam H. Sewarc'7, Elemen'tary School participated in the Kenai Peninsula Borough School Distric,t Forensic J'iiee'l: on November 19, 1966 at Kenai; and WHEREAS, 1f,li'cll. onl'.{ thirteen en'tries Se\Vard received tl'le ti1ird highest number of points in tile meet, surpassed onl\7 by Kenai Elementary who had twent'l"t;,vo en'i:ries and Soldo'tna Elemen'i::ary \vho had bventy-one en'tries; and Wl:IEREL'\S, eleven of the thirteen entries from Se\varc1 placed incl ud i_ng .cour first places, 'two second places, three third places, and 'two 110norable mentions; and among 't:le first place viinners Jenny Skinner received a perfect score \;,hic" placed her "Best at He("t". NOW, THEREFORi~, BE IT RESOLVED that ble City Council of T:le City of Seward hereb 1 cOEu'cends the bo;rs and girls \Vho took part in this meet and the teachers who ai_ded ,til.em in 'c:leir preparation, for their achievemen'cs and outstanding performances during this year's Forensic Meet. This Resolution to be effective on the date of passage and approval. Passed and a9proved by the City Council of The City of Seward, Alaska, this 15th day or i'lay, 1967. RESOLU_T]9J'J_ NO-,- 63:~ TtlHEREAS, s'tuden'cs of ihlliam H. Seward Elementary SCllool and Se1flard Hiqh School participated in the Kenai Peninsula Science Fair on March 11, 1')67 at Kenai; and WHEREAS, the Sm'lard Elementary SC:lool entries took six Eirst place, eleven second place, three thrid place, and six fourth place ribbons, including [r)ur "Bes't at Fair" Awards won by Tom Gilles]:)ie, Dale Gillespie, Ben Faust, and Melissa Pyles; and 'vrHEREAS I the Seward High School en'tries ,took four firs't place, two 54 VOL 13 Regular Keeting May 15, 1967 "ecand place, and one third place ribbons, inc] u-:!ing a "Bes'c at l?air" Award ~r by Dennis Deck; and "ldIREAS, some of 'these projects were entered in the Anchorage Science Fair XlXL on j.arch 31, 1967 and 'too;\. awards including a commendation from the American a~:l[' ~:~~:~':Siety to Tom Gillespie and the NASA Award, the Army Certificate, and the ~ *ertificate won bv Dennis Deck; !,"m, THEREFORE, BE IT P~~SOLVED that the Ci,ty Council of The City of Seward ~lerebv co=ends t11e boys and girls who participated in this e:x:ertl101ary pro- gram "tl' d' . - d ,- h911(' 1e1r a V1sors, R1C.c1ar, Rast and T;"Jeir H. Bell, for their 01},'tstanding ~ ac lev~-, " f' l' F . . 1 K ;"en LS 1n tne 1e a o~ SC1ence and the1r exce lent representa'tion at both ~ enal _', . . ana Ancnorage SC1ence Falrs. This Resolution to be effective on date of passage and approval. Passed and approved by the City Council of Tjle Ci-ty of Seward, AlasJ:a, i~llis 15th day of May, 1967. (7) Discussion regarding exploration for oil and gas in the Middleton Island Area; (8) That m1itney-Fidalgo Seafood Packing Company has de- cided to reloca-te in Pori: Graham, and ui11 no-t be moving to Seward; (9) That another $30,000,000 to $40,000,000 petroleum chemical plant will be buil,t on the west side of -the Peninsula. (10) Resolution or Proclamation honorin':J- the Armed Services for Memorial Day was requested to be prepared for use at that time. ~J.lll~J1rb_a_c;h - "]:_ _sQ n1...~ve tha t_'tl~~a]\._(3_3__I'E_~cla~aJ:.ion fgE :'=..his_ d~ Second~d b.Y.._S::J_mn '_ l.,il_lp~rn ~_ _Y...()_t~_-=-__tJ.!l_a.!1ir~o.u_~_es. RESOLUTION NO. 634 -..-------..,-.,------- ~'JHEREAS, the custom of decorating the graves of those who died in de-- fense of their country is of great antiquity; and WBERZAS, this custom first became 'the formal observance of Memorial Day on May 30, 1869; and WHEREAS, The City of Seward is truly grateful for those who have made this supreme sacrifice and proud of those who are serving our Nation today; and \,'ldEREAS, the Seward Cha,,-nber of Conunerce are s!lowing their appreciation bv saluting the united states Army and Air Force Recreation Centers with an openhouse celebra-tion at the Jesse Lee Home grounds. Nm'J, TaEREFORE, BE IT RESOLVED that May 30, 1967 be set apart as a special day or quie't reverence -to those who gave so much tl1a't we may live in peace and prosperity' and hearty commendation to -those who a.re now serving to preserve -that same pea.ce and prosperity. BE IT FURTHER RESOLVED that the people of Seward reflect upon ,these gifts and display t:leir a.ppreciation b ' participa.ting in public and pri- vate ceremonies and particularly the ac,tivities of the Cha;uber of Conun- erce held this Hay 30, 1(:;67. This Resolution to be effective on date of passage and approval. Passed and approved bi t11e City Council of The City of Seward, Alaska, "chis 15th day of J."la'{, L:67. Clmn. Skinner moved for adj.ouI.!:lEl_e_nt 3E..q__~~~a,yoX__I(irJ~E~1:_E~_c;_k de_c]"i3,I.e.cl.:tl1e -- "----_.__._-,_._,--_.._..,_. . ' .. -. ~ - -- !:!1ee.:.tJnq adj oy_~n_?_g:_aj:__U_:_3_0_p~~ _Y:k4~_r..~~__ Beatrice E. Watts City Clerk-Treasurer "\ )~' r f1-J1Lik--. / UkU/-m----- R. W. K1r.patrlck Mayor '~ .'. r,,~. ' " . .,.. ; .., , '. ,._, -- ,) 55 SEWARD CITY OOUNCIL REGULAR MEETING JUNE 5, 1967 The regular meeting of JuP~ 5, 1967 was called to order by Vice .,MaYO,r Skinner in t~i;&b'ence of Mayor Kirkpatrick. Those present ':wer'~ council members Urbach, Willburn, Lantz, Smith, Skinner, ~nd City Manager Kester Dot,ts. Councilman Cole was absent. In the absence of the City ~lerk-Treasurer the recording of the ~inuteswas taken by tape recorder. I Item 4, - Minutes - There were no minutes for the previous meeting available. I Item 5 - citizen Discussion and Public Hearings -(A) The City Manager presented the proposed budget for fiscal year 1967-68 and read the budget message and recommended mill levy for the coming year. Councilman Lantz requested the public hearing on the budget be opened. Mr. Hoogland asked if it was necessary for the mill increase. His question was answered by the City Manager to his satisfaction. Councilman urbach,moved and Councilman Smith seconded that the public hearing be closed. Roll call vote: unanimous yes. (B) Further discussion by citizens was called for by Vice Mayor. 'lbe Manager informed the Council that Mr,' .Ron Fox was px:esent regarding the wording of the lease agreement. Mr. Fox'explained his financial advisors were interested in just what wording would be included as they were not satisfied with the proposed wording. ,Mayor & Council had copies of the proposed wordinq from City Attorney and considerable discussion followed. Mr. Fox stated his financiers did not want to finance construction onl,~nds lease~"under such an agreement. Mayor Skinner a:S~ed the Manager'whas would be the result on leases already executed. Manager explained his views and the recommendations that the City adopt the second proposal of the City Attorney. It was his opinion that this wording and arranqe- ment was the most desireable. ~ouncilman Lantz moved that a paraqraph be incorporated into the lease that at the end of, the five vears when neqotiations on the lease take place that in no event will t:helease be more than 6% of the appraised value of the land." He then explained his reasons for the motion. Seconded by Willburn. I Councilman Smith asked to amend the motion to read "the parties agree that for the initial five years the lease term shall be a maximum of 8% per annum an~ parties further aqree that said annual rental for such period b~ 8% per annum for fair valuation Of ~ancl comprised in the premises. At no time during term of -Ieasesh",,;t;1, the rent be less than three cents per square foot." counCl.~man :Lantz vl.ewecl objections to amendment. Amendment was seconded by Councilman Urbach. Council requested Manaqer's, recommendations. The Manaqer recommended the City adopt the City Attorney. s wording. Roll call: Lantz, no:'Willburn, no:, Urbach" ve,s:, Smith, yes: Skinner, no ~ . . Councilman Lan~ moved to. amend motion to read not to exce~ 6%. This was in motion: Lantz, yes: urbach, no: Smith, no: Willburn, no: Skinner, no~ c Councilman Smith: "I would move that the followinq be included .in the lease form... :The rent to be paidbv said LESSEE to the said LESSOR for each of the remaininq rental periods ,after the. initial five-vear period shall be determined in advance by , agreement between the parties for the ensuing rental period, and in case the parties hereto are unable to aqree on such rent, then each of said parties shall select one arbitrator and ~e two . arbitrators so selected shall select a third arbitrator, and the 56 \TeL 13 REGULAR i.mETIllG JUNE 5, 1967 tlir!earbitrators so selected shall fix and determine the rent to 'he":\{d.d bv'the said LESSEE to the said LESSOR for the ensuinq rental per:10d. As a basis for fixinq said rent, the said arbitrators shall ,ta)i, intbconsideration the character of the property rented, its Iol".tion, the service rendered by the LESSOR to said LESSEE, the' inc,-,aase or decrease of the population of the city, and the eneral reI 1.11 va ues of business property in The city of Se\o1ard at the ,. th'.. The findings of said arbitrators so chosen for each rental, pel"")d shall be fina). an~LpA~~~ng__~o.n thE! parties hereto, A and. . sa:! LESSEE agrees to pay to said LESSOR the rent so agreed on, bet,N"een the parties or so affixec! by said arbitrators, and the. sai'd LESSOR ag~~As to receive' the amount so agreed on or th~_~ amcunt so fixed by said arbitrators as the rent for said premises for sa!d period.' >> ~econded bv Clron. willburn. Roll call vote: Lantz, yes~ Smith, Y.E!!J Wi!JJ~~L-Y~~J Urbach, yes~ Skinner, yes." Mr. Fox asked permission to place building now on lot on a permanent foundation as he "feels that he cannot get financing. Manager asked Mr. FOx to take copy of lease with amendment and send to fina~cier~ and bring their answer back to Council. Clmn. Lantz also recommended Mr. Fox take copy to financiers to look over ,and perhaps Council would give this further consideration later. Myr. Skinner recommended no decision be made by Council till rep~rt from finaftciers is heard. After: a short recess the meeting was called back to order with all members present. ~te~ 6 - Communications: Kenai Lumber Company letter from 1rv Tressler reauestinq lease of certain land between the railroad property and city breakwater - Manager recommended that answer be given after the June 19 meeting and that it be studied at a work seesion before action is taken. Myr. Skinner suggested .:tune 12 for study meeting. This being the Planning and Zoning meeting night it was decided the Council should meet together June J.3 instead for study. ~ ~ ~ l j '~ ~ (B) Elks application for qames of moved that permission be granted. pall vote: Unanimous yes. . (C) APplication of W. F. Hall - Clmn. Lantz stated his objections were the liquor store proposal. Myr. Skinner asked the Manager What" the Alcoholic Beverage Control Board's thinking would be ~l thi~ matter. The Manager had no idea what could be expected. tli.scussion and questions followed. Clron. Smith asked if Mr. t-i'<>ll "las',ready to begin at this time and Mr. Hall stated his m~oble.'1\ "",auld be financing the same as Mr. Fox. Clron. Lantz :;,oved that this be studY further at the work session June 13. ;""~and~d by Clron. urbach.. Roll call vote: Lantz, yes: Smith, i'c"~ Urbach. yes~ WillbU'rn. veSt Skinner, yes. chance license - Clron. urbach Seconded by Willburn. Roll ! 1 ,~ "- ., (D) Mr. Hoogland's request for siqn space and erection is harbor are~ - This area is not zoned and does not have provisions for signs so must be referred to the Planning and Zoning Co~~ission meeting. .Clron:Lantz suggested that perhaps we should consider a directory sign in the harbor area. city to erect and make sigu3 only. or charge for space if allowed. Ite~ 7 ~ Ordinances and Resolutions: est;l'blishing a new water service rate ~oad;facilities was read as follows: (A) Resolution No. 635 for the new Alaska Rail- \,..: I RE~MEET:ftrG Jtii\1E 5, 1967 ~$&.tWioN' ~a~635 ':L~;."'\:.. '''1 i '(, ' " 'JC}j_, ~_~) 57 BE IT RESOLVED that'the monthly water rate for service to the Ala_ska Railroac;l be and is hereby establiElhed,in ~he~qunt: of $20'6.75 per moti't){~iflat rate baS$'d on the"f'6.Uowi'l'lC] unitsl ... . " ~ ; .-,' Transient building Engine hous&'aJ of Residence as of June 30, 1966 I' :' ~ ." November 30, 1966 ,.'" $125.00 75.00 6.75 per month ~r month per month I ...... ,~'., ~(, ',.;, "'f' j and that said rate shall be 'i~creased for 'any additional services: and .f' '1': . I ~-:: _ i BE'IT FURTHER RESOLVED that' Resolut'iOl'FNO. 202 dated February 28, 1961 be arid-'f~ hereby tepeale~.. -, , " , : , . . "~ , .. : This 'Resolution shall be effective, 'on the date of passage and app'roval'. Passed and approved by the City Coun,cil of The City of ._ " : , .. \- I ~ : I ' . d Seward, Alaska this 5th day of June, 1967. The Manager explained the resolution. Clron. Smith moved the Resolution No~' 635 be adopted. Seconded by cIron. Urbach.' Roli' call votet: 'Unanimous, ~es. .. J'" ' , , (B)' Resolution No. 638 closing 1967 Harbor Dredging Bank Account with First Nati'onal 'Bank o:f'Anchorage.was rea,d"'as followsl : C';', " ' , i ;' "~ I :~ : ' " , ! RESOLUTION NO. 638 " .:~ 1(; r IJl,r {"; I "- ~ ,. ':~. " '!-~ '"'I - '.: ',-,' 'h,',~l'.:"" :or: BE IT RESOLVED that the Seward Branch; First National Bank' 'Of' Anchorage is hereby instructed to close The City of Seward check- ing account beadrlg the name; 19~7 Harbor :ri:f~dging&'Fac:i.litieiB~ Construction Account. No ':further 'withcu:a~als or cheblt's eXcept that Check #4337 in the sum of $108.00 and qheck #439a in the sum of $4", '750.00 shallbepa.'id.'" ,'i "!". ',' '" ',', .;,." it, , " ". I . , , This Resolution shall be effect1ve on the date of passage and approval ~ Passed and approved by the ci ty!'council of The City " . . , "~~. - . of Seward, Alaska, this 5th day of June, 1967. Clron. willburn moved Resolution No. 638 be adopted, seconded by . Clron. Smith. Roll call vote: "Unanaimous yes.' (C)"Resolution No. withdrawals against of An'chorage. 637 rev1s1ng authori,zed' sign-atures for' signing various City account's with First National Bank ') RESOLUTION NO. 637 I BE IT RESOLVED that the Seward Branch, First Nationa!Bank of'; Anchorage shall be the paying and receiving agent for funds depos- ited in The City of Seward checking accourtts bearing the followlng names: C~ty of ,Seward General F~nd, City ,of Seward Electric De- partment'B'ond Red'~p-ei6n and Reserve ;Funds, City of Seward 1953 sei:i.es'fWa't~X';Depaftriie.ntt 'Bom!'iRed'empti'on:and Reserve Funds, City of S~artl '19'6'2Sef;i!es 'Water 'Department ' Bond Redett\ption 'Funds, , City of seWard Fire Station Construction Account, City of Seward 1965 General Obligation Street Improvement Bond arid Interest Sinking Fund Account, and City of Seward Street Improvement Construction Accountr and ,BE IT FURTHER RESOLVED that said paying and receiving agent is ~ereby instructed to honor all checks drawn on the above listed accounts when bearing any tw6 of the fo~lowin9 authorized signa- tures: Beatrice E. Watts ,-, " . ' Kester L. Dotts Burton W. Baugh 58 'lGL 13 REGULAR tIEETI!.'TG JUI:1E 5, 1967 This Resolution shall be effective on the date of passage and . approval. Passed and approved by the City Council of The City of Seward, Alaska, this 5th day of June, 1967. Clmn. Willburn moved Resolution No. 637 be adopeed, seconded by Clmn. Lantz. Roll call vote: Unanimous yes. ~_. (D) Resolution No. 636 closing Fourth Avenue from Washington to Adams Street, July 1-15, 1967. RESOLUTION NO. 636 8E IT RESOLVED that during the Seward Highlight Days of the Alaska Purchase Centennial Celebration, which are July 1-15, 1967, that Fourth Avenue from Washington sereet to Adams Street in The City of Seward shall be closed to all vehicular traffic except author- ized vehicles, and no vehicles of any type other than said au- thorized vehicles shall be permitted to travel or park upon said streets from the hour of 12:01 a.m. July 1, 1967 until 11:59 p.m. ( on July 15, 1967r and This Resolution shall be effective on the date of passage and approval. This Resolution shall be published by posting "street Closed" signs at appropriate entrances to said street, and by posting a copy hereof for a period of ten (10) days on the City Hall bulletin board, and by publishing a notice of the place of posting and a brief statement of the purpose hereof in a newspaper of general circulation in the City, within a reason- able time. Passed and approved by the City Council of The City .. of Seward, Alaska, this 5th day of June, 1967. Clmn. Urbach moved that Resolution No. 636 be adopted and Clmn. ~ith seconded. Roll call vote: Unanimous yes. (E) Councilman Colels resignation was read to Council. They instructed the Manager to write Councilman cole thanking him for his service and wishing him the best of everything in the future. Clmn. Lantz moved that Clmn. Cole's resignation be accepted and this was seconded bV Clron. Willburn. Clron. Urbach amended the motion by recommending that Clron. Cole be written a ,letter of thanks. Roll call vote on amendment: Unanimous Yes. Roll call on motion: Unanimous yes~ (F) Offer to lease Lot 10 in Block 3 of the proposed Industrial Subdivision - Considerable discussion was held on this proposal. Clron. Willburn moved that the proposal be tabled for further study. Seconded bv Clmn. Lantz. Roll call vote: Lantz, veSr- Wi1lburn, esr Smith, nor Urbach no' Skinner es. Motion ~ %heH.1....r Ilarnr"" 'A?ir defeated. as it requires four votes;,-~'lt;~L' M~nager explained proceedings involved in moving building. Clmn.~~~s recommended a short recess and that a call be made to Mr. Hunt- 'ft; /6 J, ,?l !ngton to discuss the matter. ~~/ Meeting was resumed with all members present. Clron. Urbach moved that lease be granted and price be negotiated bv Manager and then brinq proposal back for final approval providinq Lessee abide bv restrictions on boat storage. Seconded bv Clmn. Lantz. Roll call vote: Unanimous yes. As no price per square foot has been set on lease for this area. the Manager suggested that this price be set. A great deal of discussion took place on this subject. .Clmn. Urbach moved that property be offered to Mr. Huntington at the rate of eight ($.08) cents per square foot for first five years with the lease to be negotiated the same way as the commercial land lease. Seconded -9Y Clmn. Lantz. Roll call: Lantz, yesr Smith, yesr Willburn, nor Urbach, yesr Skinner, yes. Motion carried. - REGULAR MEE'nNG JUNE 5, 1967 .,,-:1(1: l~ 59 > (G) Name'pavincr acrent and depository bank for'Hatbbr Improvement bonds - Manage~explained purpose and that National Bank of Alaska had cooperated in financing the City on interim financing and he . recommended that bank be specified as agent for bond fund account. I Clmn. Urbach moved that the National Bank of Afaska be named the paying agent and depository bank for Harbor Improvement bonds. Seconded by Clmn. Smith,,,, Roll. call vote: Unanimous yes. (H) Resolution No. 613 approving perpetual Easement for State of Alaska Division of Aviation to use airspace over City Tidelands. . " RESOL:pTIO~ NO. 613 A resolution authori~ing a Perpet4al Easement to be granted to the State of Alaska, Department of PUblic Works, Division of Aviation, for its exclusive co~trol, use, 'and juris~iction to airspace in conformity with Fed~al Aviation 'Agency criteria, over certain tidelands and submerged lands si~uated within Alaska Tidlands Survey No. 174, patented to the city of Seward. Said Pertpetucl Easement to be determinable only ~pon aband9nment of the North- west/Southeast Runway by the Gran~~e, its ~uccessors or assigns. Be it resolved by the City o~ ~~ward, Alaska, that: 1~1 WHEREAS, the City of Seward and its environs has been provided with an extension to said Northwest/Southeast Runway in the direction of Resurrection Bay, and ," .., WHEREAS, the State of Alaska, Department of Public Works, Division,. of Aviation, did construct said extension, and , .. I WHEREAS, the city of Seward has received title to the tidelands and submerged lands encompassed within ATS 174, under Patent No. 168 from the State of Alaska, and, WHEREAS, the Division of Aviation, before obtaining Federal hid for construction of said entension must have exclusive control, use, and jurisdiction to airspace, meeting Federal Aviation Agency criteria described in Paragraph 1 above, over the tide and submerged lands immediately to the south of said runway for the protection o~ the approach and'departure zone to said runway, and further described as follows: . ~... "\' I Beginning at the northwest corner of the tract herein desc:dbe'~'. also designated as Corner No. i, whence the Seward East Base U.S.C. and G.S. Triangulation Station bears N 12053' E c.t a distance of 969.97 feet~ thence N 83027'45" E,456.43 fect to Corner No. 2~ thence S 70032'20" E. 461.93 feet to Corner No.3: thence N 80012'45" E, 22.40 feet to Corner No.4: thence S 39035' E, 430.39 feet to Corner No.5: thence S 10000' W, 1,363.58 feet to Corner No. 6~ thence N 28009' W, 2,010.54 feet to Corner No.1, the place of beginning containing 23.594 acres of land, more or less. FURTHER, should the City of Seward acquire additional tide and submerged lands now under application with the Alaska Division of Lands, it will convey airspace above said tide and submerged lands in accordance with Federal Aviation Agency criteria referred to above. FURTHER, no growth or structures shall be permitted into said airspace area except to the extent not inconsistent with Fedr.:'ral Aviation Agency criteria now existing or which m~y hereafte= ~e duly adopted by the said agency from time to time, and should there be an intrusion of this area inconsistent with such -l ',# 60!:L :i.3 RBGaLAa Hto.dt':ING o7'CNZ 5, 1961 criteria by structures or growth, the DiviaioD. of Aviation will have a right of ingress and egress to .and from the land or water. beneath such airspace, and to take .uab atepti ~ary to caWle their confol'llli ty to such cri tar!a or, if i'1ecea~, remcwe such structure. or growth. NOW THBRBPOBB, it is hereby ra.oi.v.ct that tha City of Seward, Alaska, grant a PUptat\1aJ:. .'iement to the State of Aluka, Department of Publie Works, 1)i;;idb~ bf Aviation, to give 11: exclu- sive control, use and jurisdiction to th. above-described air.pace determlnab1f!1 only by abandonDlen~ of s.i41. t:torthwest/Southeast Runway, by the Grantee, its succe.so~a, or Ufli9tl.~ and the MaYor is hereby authorized and cUrected to sign .~ch Perbitual. Eail~t Oil behalf of the City, except that thia ~erPeblai t.s~~ ~hal:-1 not be con- . atrued to prohibit the \lse ~r occ:u~by. of, inoludirig. improvement. ~ithin, airspace abOve the J>re'lliis.s described herein OQnsi.tent with 'ederal Aviatiob clearancecrit,J;iB: how ex1etin~ or which lllAy here- after be duly acSopted by dt~ s~~d ~ency, from time to time, pro- vided that all auch improvelMntsi.hall be er.,ted Without risk to the State of Aluka, ita Di1t~.~c:M of I.aDcb, -l:h. Pederal Aviation Agency, or their .ucce,eor. ihCl Ilaaiqn., iri the event that such i,mprov_ents shall fail to .,.t clearance oriteria in .xistence at the time of" suah cottstruetion or subsequently adopted, it beilU) the intent her~f that tlle hivision of Aviation. in eausilU) such struetures or improveents td eonfol'lll to ped~lb:.l AViation Agency criteria, or when nece'8axy., in r.-ovtng. sueh structures, shall incur no liability by reason thereof. '!'he Mayor isal80 authorized and directed to issue a letteJ" of . intent to the Division of Aviation in eonfoZlllity herewith. Passed and approved this 5th day of June. 1967, by a vote ~ 5 ayea and 0 nays. Clmn. willburn moved that Resolution No. 613 be adoPted. Seconded by Clum. Smith. . Roll Call vote. Unanimous yes. (I) ordinance No. 359 - repealing Ordinance No. 346 which establishes a salary for the office of Mayor was read the second time by number and title. Clm~. Lantz moved that the second reading be approved. Seconded by Clmn. Willburn. Roll call vote: Unanimous yes. l"tem 8 - Boroucrh As.embvmen's re.port - none. :ttem 9 - City Jlan!qer's rePOrts - He informed the Council that he would be attending the bond conlerenee in Juneau on June 14, 15, and 16. The Man_ger alao reported on the Lowell Canyon Turlnel, the Ilesurrection River aoad projecrt:. the Cain.es SMa project, 'the Civil Defenae program, and the surplus eu.pplies available ~or sale in Pairbanks. . ~ice Mayor Skinner reeeasect the meeting for an executive meeting. '~eeting was called to order after the executive seaaion with all members present. Item 10 - Couneil Diacussion: Clmn. smith, -Mr. MAyor, I move ~t the City Manager is to inform . Mrs. Watts that she .\8 relieved of all City Clerk-Treasurer duti.s, exce~ affixing .the City seal, aigninq checks, Uld attesting to resolutions until 8uch time aa all minutes are brought up to date, except a8 otherwise instructed by the City Manager.. Seconded by Clmn. willburn. Roll Call vote, Unanimous yes. 1 I I =t~-;: --;lT~ \?\. -.:} J"-( "; ") 61 _I, " ; ~:~;~:~:e:;;:i!~~~}~~:':~:::~:r~ri~~:t;:i1~Y~i:' ~~~:.,:,~~~~:~~~i>e:~;~~~~~:~:':~~:::~: =:~:.:'!;;~': :~~0t~: '.:: ~ii 1- _c:.a:.-~_1-__v5")~~:.~_:. . _~~,'!~.?:..r~_i~~~~?~~~__y~:?_~~_ .It~ftl .J. .L-=-.AS::.-.d.0l}~!Tc:.cce!lt_' __ ;!y_~_ S;, i"ner-'if ~ "";;,y-jrii"1'"'c",",-,. __&..cL-r~_~.?:<:IzLL____ Pi _.~~-~:'~-- --------~-.--..- Beatrice E. ,'iatts XJtx!Qcx:li;jnr",,,,,,,r R. W. K~rkpatDCk Ci ty ClerJc.<rr.easurer ~~ Mayor ~EGULAR HEETING JUNe:: 19, l'j67 The regular E!ee'b.n?" of the Se,;'arcJ. City Council vjas called to order at 7:40 p.m. June 10, 1967 by Vice-Mayor E. G. Skinner. Cpening ceremon', Pledge of AlleJience to The Flag was led bv Clmn. Lantz. ~oll was called and t~1ose presen'!: were Vice iViay::>r SJd,nner; Councilmen ':'1. J. Lantz, TOE' P. Srnith, I'lay-nard:iilE:lUrn and Lawrence Urbach. Mayor R. 'iT Kirkpatrick "laS absent. T~1e eit,! i',~.anaqer was present. Item 4 - V~S~f'ila"().r Skinn~.r_~auested a moi:ion to na;l15'_l'lT-,,_i-:Ierma~ E. Leirer to till t~e vacancv created bv the resignation of Clmn. Charles _.. _,__.__,__....__,__~_,._""__ . ..-1&.--.._.___...._.___._..___ . ~__.__.._...._..____.__._._.__ ~ .~S2le- .f?J:~.L as the m0tion follO'."ing 'the ElCecutive Sessi::>11 on June ':), 1:: 67 had to be considered an indication of intent rat~1er than action. C lmn. ,Ur b a Cl1.,:.:..._"l,_Y1.<:)~1..~_d_ E1.()-'!.e__tl],a.i:.EI erIll.a_rU~_. Lei r er. E.,,=,_ap'p..Q),.n.t e d to fi 11 the vacanc? .:Jf C',1arles Cole until the next general election." Seconded -.. -..- ---"-_...._.._.,~.. -".... -.-..........-- --.---.- .----.-----.--"-"----- --'-.-'''-- ---"-'''-''~-'''- _...._..._-- l2L.<:;].mn ,--.:'?mitn....__ Vote -_ Unanin~o.us yes-,-- Oath of Office was administered 'co Mr. Leirer by t'leCi ty Clerk..Treasurer; Vice-Mayor Skinner presented the Certificaizof Office to Clmn. Leirer, who was then seated. Item 5 - I'l~,.D~lt,~S_:, iVlinutes of Item_.1.:-H_~~ne 6, 1966 calling for a resolu.- tion still not prepared, and this fact recorded to close the minutes and prepare for a more current action were set aside until Mayor Kirkpatrick's return. ~lm~J,ant~ - "I woulSlILl9Y~ that i:he Special MeetiIl.9. of AU3-l.l.s.1 :3 ,_.l1_6j).L_lho.E:'_<::.ta,LkL(3~_t i n.9-9K-J~Y3.1J s i:.....l_~L_l.'L6J),__a.l1SL tl~~. R e3.!::1}..a.:..~l'Lee t i nq 0 f 0.l.l.9'Y.E.t_J.5 .LJ.. 9 2_6. r/~:i!l_u!~ b e.,.Cl. p'p~gve_d. . _'~,,_.E3~,s;..o,I1_ded,-- b Y_.CJmn ~.J-,_e.i r eE.~ Vote- Unanim()~.l3. 'ye.?~ Minutes of June "~'_H,1967, Item L(fl corrected to read - ~'mo~cion defeated" _Cl~ i t_.J_~u_iI e s f 0 u.r. vo te,s, i l1.._~~tEiJ:JI@, ti ve ~() pa s s ". . ~ lrnn.~__.S_x[\i th_ ___ _~I ...JT!.oy.~ !:Ie _a_d.QP!....tl1.~_ !ll:i.!1,u:t~.i3_.Q.L June_S.,- J3.6J__a~_c_o.J:-.!eci:...ed " ~ _._-'-S_e~o_I1..ded by C lmn. wi l].p~rn_~__y'o!e .,___. Q.I1animous~~. Item 6 - ,C.:i.:t_tze..!l_'3._J~_iscussion_al1APublic,Hl~.Iil2SL~ - No ci'cizen had re- quested audience of the Council. Item 7 . _<:;_()~~,ni..<::a'tions - (1) .!:.e.t_t~I fr_().!TI_J\.~a.:...ska ~tate---,-Housi~A_\lj:horHJ:: dated June 14, 1967 regarding 10'11 rent hOU!3ing in the Clearview Addition and advising ASH.i\ vIas closing the file unless it 11.ears from the City; (2) Ju~e.-J-}-,_.l.:C)_E?L}-'=-t:ter frolTI_!,eder.aL30using_1?-dmi_n.i_s~:.:rat_i.?E. advis ing that the City's offer to purchase the 14 homes at $100,000 was too low as F.H.A. 's current market value of the property was $156,000; advising that the homes l1ave once again been placed on the sales l'llar~(e t ,though FHA is concerned at the possibility of having to evict Coast Guard personnel in the advent of a sale, and requesting the C~ty Manager to call at their office if the City is still interested, as it was thought that a reason- ablE price could be arrived at. Under item 10(4) (here consolidated for clari ty of record) the Manager requested the Council's ins'cructions in reqardto bd.s let'ter and previous discuss:.on by the Council. elmn. Lantz advised he was against the City getting into the housing business and though,tthere '\-jas private concerns w}1ich c::Julc1 umJ,<ertaI:,e t11.is pre> ject. The City Manager concurred in this policy and advised that un- fortunately Coast Guard families can not compete wit~1 other renters. Clmn. Leirer said he concurred that the Ci t:y should not be in the housinC; business b11.-i: also knew t,1at the Coas t Guard families co.lld not compete for housincj with a competitive eCOnOl'll:! and that wi,thout sowe such program the Coas'c Guard;=aHli~,ies could possi1:Jly have to go, and "jbich he would not want to ha?pen. Clmn. Urbach called attention to ten ~ears effort 62 VOL 13 KI':GULAR JVl.EETING JUNB 19, 1967 t: get the Coast Guard Ship stationed at Seward, advised he thought it -A72E essential to keep it ,'ere; that availability of housing was a rscson why the Coas't Guard had come to Seward in the first place, and CC':: ommended all efforts to provide housing". Clmn. Lantz recormnended a st1.:::l.y and survey .to learn whether there was housing in Seward for .the CCcst Guard families. T:,E City Manager and Vice .Mayor Skinner reviewed the terms offered to the City as presented at the April 3 and 24, 1967 meetings, and Vice- Mayor Skinner suggested that the Manager be authorized to discuss this proposal further and gather all information from FHA. ~Jr[l.n.._?mi.th- ~~J"_ ,,:"OJ::lJ-d move tha't .J::l'.~_ ~.ttY_IJj,-'!.l}il~r b_e_. di:r:.ec,tesLi:o meet v>Ji th~r. i'1or~.n .~U1::'Uvjr ,-0aqnon an2.l9._Cl.Erj, ve _at a_J2.!:i.c_e..~hich_.wo_uld be sui ~a})Le.!.o..l?.9th I?!'!r. ti e~ and..l?rinq. j.J..J::>ack!g_J::h~,.9.9unc),J_ Js:>.r..f.llrther_act io.!l~'. ,Eecondeq b ",.. ~:L.Jlll!.." Ur ba c h .. C lm!lL Lan.t z.. aC!..v_Ls~.<L.h..~_~o_q,l_9.....9PPo s e _t.l1.Cl..t.mo,:,tjgn as he :::onsidered it a directive to negotiate a price and thought that un-- til the public has had an opportunity to express its opinion that the Cou:1cil could not take such step. Clmn. Smith and Comn. Urbach advised the -( thought it was necessary to have 'ti,e information which 'the City Man:J.ger would secure in order to have a reasonable public hearing. ygj:e _. ~lm '.." LaIl.i:~!l.2..L._Cln~!1-,.. Smi th -y~_CJm..n"..Ji'XnJ?lJ..r.!2.~3J_~_omIl..__uE})acil_~, Cl1~}", Leirer~~_v~ce Mayo~_md~.....ies .--Li_\T_~~sses, on.e~...::::....l!lot..~on ~~ed. Itan 6(3) - Letter from the Borough requesting support to secure a Marlne Sciences College on the Peninsula; discussed further under item lO{L) here consolidated for clarity of record, and it was decided that the City should continue with the policy already established and acti- vab~d; ('1) .that after Mr. Hal :orinkall met wi'ell the Council the previous week he llad sent letters to several people who might be interes.ted in establish- ing a large marine way in Seward and that answers had been received from som'~ and in one instance arranging for a meeting in Seward. ('3) Notice from the Borough Clerk that the Assembly would conduct a pub:Lic hearing on the Borough Budget on June 20th in Soldotna. Hen a - Ordi.!lan,C:~_E;LBes_<?..luti..on13_and__9J::1}~~Action-I_tems ... (l) .Tl~_ tl1irQ ~.!l~final readinqL by nWuber and title only, of OrdinCl..!l~~-1io. 3~~ Repeal- ing Ordinance No. 346 and thus discontinuing salary for the mayor position ,.las had. Clm~ Ivi~J-burIl__- "I move we adopt_Ordil1ance No. 359'~_1L~c:;onded l2.Y..S:J!.Dn. Urbach ._..y().:t..~_--=-'ynanimous yes .. ORDINANCE NO~.?..?_ AN ORDINANCE TO REPEAL ORDINANCE NO. 346 OF THE CITY OF SEWARD, ALASKA PERTAINING TO THE ESTABLISHING OF A MONTHLY SALARY FOR THE OFFICE OF THE MAYOR. THE CITY OF SEWARD, ALASK~, ORDAINS: SECTION 1. REPEALING CLAUSE That Ordinance No. 346 of The City of Seward which establishes a salary for the Office of Mayor is hereby repealed. SECTION 2. PUBLICATION Publication of this Ordinance shall be made by posting a copv hereof for a period of ten (10) days on the City Hall bulletin board, and by publishing a notice of the place of posting and a brief statemen.t of the purpose hereof in a newspaper of general circulation in the City, within a reasonable time. This Ordinance shall be effective October 9, 1967, in conformance with Section 1.104 of the Code of Ordinances of The City of Seward. First Reading: May 15, 1967. Second Reading: June 5, 1967. Passecl and approved by the Ci'ty Council 0:E The City of Seward, Alaska, this 19th day of June, lS67. Item 8.2 - Resolution No. 639 approving contract with Federal Aviation Administrationf';-r an-Airport Informa.tion Desk at the airport ... the City Manager requested the Council's permission to table ~his item for further discussion regarding possible costs for electricity, grounds 1 I I RE'~;TjLAR MEETING JCE'IE 1, 19E 7 "\]CL 13 ~. ') n~) maintenance and so .eorth. .~lmp.._ _S~nj~tl!._-:-_.-':L_mov.e_-'.v~e, .!:.a1?.~.e. l~Eol ut..:LonJ\i.~" 6 3 ,'?_..':1J1_t.i_l_.t.h.e..rl.e~t __ reg,ul ar_J~Q.uD~iL.J'1.e_e.!:. i .!1~"-"_._S,ecQnAe_CJc ,]JL.G lr~n. L e ir er . Vote - Unanimous. --..-....-...-..--..-.-..-...-....-..-..... Item G.3 -- Le.tter from the BoroLlgh Treasurer stating that ,the 1967 Certified Tax Roll for Seward is Personal Property - $1,132,920, Value of bo~ts in Seward - $341,540, Seventy boats assessed at unit basis developing tax revenue of $505; Real Property -- $6,742,530. .QJE'.:.n....__L a.!1J:~ .~_"1.:,v~oyl d-Bl.9Y~_-t:l1,a:t. :>1.e, acc eE.-t:_ j::he 30r 9_u_9:.Jl,'_?__C,?.!C t_ij:i.e",CL.1'.Cl-.:C' Assessmen't Roll and it sho;uld 'he noted that: the roll is identical 'to J:h~3 -,", )~i3::u~~~~_s ,~s:'~ai~d .i~-=1~:tt~iljC~~.2.i~tJ.~Q-~-~l~~:.-'6-:-49''''.~=~;~c~~~n'ded bv C Imr1-"_ lLrJ:J.9-cl,--~__ y o't ~H~~" .U-,!,a,r1imo u3l.ye.E... Item d. 4 .. Resolution No. 640 ,,,Tas read in full as '::01 1 0':-1S : _'~"'''__''''''_' _ 4 _ __ _.___.,_______ RESOLUTIOil NO. 6,10 _..0 ._.....___.__.__ BE IT RESOL\.TT~D .tha';~ t}le City ;j1anaS:fer 's r"lun:Lcipal Bl"dge.t p)~:::>:?osal Ear the lS67-6C fiscal year, including letter of presentation \~lich is a part thereof, and containing estimated revenue and expenditures as follows, be }l,DOP'rED, and .t',at t;.1e money needed ther,,;for is '(terce'')\{ ap::Jropriatec1: (See P2Cfe 2, E:mce,',ar,; of Revem..,es anc1. ?xpencU.tures) BTi: IT Ii1URTI~iFT:?. R:~~SCL\~D tha:t in accarda.nce \\lith .sec';:i~")n 7.110 oI tl!.e COtJe o:e '3eneral CJ~J",nallces, as AmencJ.ed OJ:-' Cn3inance No. 311), t;l:'. total of t:,1'2 "]Jelol1] S"tat_2c-: ~)r':)?~:::J.:-'::..T .tax on t,'::(~ -~lr5_qinal a,ssess:.~\2l1t ~c()ll, as certi.:i2:-~. ~.>T .t~le B;~)_rG(I:="" .~'~S:::~;2SS0r ttJ i:~l.2 Ci'~:~7 C,:)uncil a.t J1J,ne l~' I 1 :J7 regular COi1l1.cil ~::leC:?/:.;_l').;:- an,::' allsupplel"!.:2ntal assess:'I~lent r01J,.E' ::r):C E"cL~(i period \,,(_lic~_l ;_',_;a..\T ~,::"<:=; C(=;J:'-;:5. ,~'ieo <:0 lJi 'i:i1;~ E"J:conq~l A::;sess:;r cd:. a "~;J '.:'!ire rJ.a.te s-:1Ci.l}_ i--'2CC);-,-'e c3.cl:i.iJ.r:rt"1211'::. 2,1.1c1 .s1~]~ject <_>~ .~)3nalt-T an,:'L :i_nteres"C, as 2.-~'t .c~:n::-th in Sect. i0T1 7. l~' 0 ':)~~ t~1e Coc~e ")_~ C'::-~'~ inal1C2S as cFtend'3d -;:. ;" '~rl..:.liDa.nce :no. 31 C, unless at least one-half of the total amount due is ~aiC on or beEore August 10, 1':<)7, apc1 .thi~ secoDe' ",alE "Jaid on or be::or'8 .1:' ovember 1, 1967. certifieC! ta:: aSS2ssment as of June IS:, 1967: Land $1,312.490. Improve~J.eni~s ~5,./i}~ 041h 6, 7 ~,2 , :3 30. $ $ 6,712, ')30. Personal Boats ta:::e'.' on .~lat rate $1,.J:J2,920. "341,51,0. ~_.. -------~_._------. , J.1,1 L'i.1)_. $341,:51.0. j'-:\J_G_2~1,~1_~Q~ . $3,566,JSO. ,-_. -..---...-----..--.-.. 'r,ytaJ:=; _J,..!!:.';..?... 51.:]., ,) ,,22:), !.-_)I}. R: ~~ \];~ i'TUE Total Gen2~al ,lund To.tal Lj. _(h,1_. c: FO'der Depar'trnen'c. 'ro.tal ':'~'2'-::e:c D''3p()~::-t:'.llen'l.: ~~391, '"")72.:';0 3J6,350.():] . ..7..S-,.5.9:').~_r~) ~~ ":63, r122. j() 'T 01'.2\,L :s;::: T Ii ',I.c~:..iI",.~:) -':1..I:'\]El:;'U.,-' f~x.P5npI,TQRE:,S Genera.l -.,;l'Un~l,: I-~ay"or c: <=:01."111C]_1 ~~ L,':)2J.OO 25,.340.00 C i,t</ 1" ,a.n2~,:"?:r I s C ,~.: ~=i ce C 1 er ~::.. .,..T.r c:;2. f', ~:',:;:- '2r .31, l:3c).OO ':;?i:t12i.).C :~ P':llie,:: D?:;,?a.:':-'~:l'~i~nt. .;./ ir;'-: Dc)a:;: i,~~;^,~.::;:1":'::' Pn~,; 1 :Lc -- .'l-_::~:':::'~: Dcpart.~".en t PD~lic JQr~ s S~op 2l,J2,:;.00 )l,I.JO.OO 32,792.73 -:'3, S;3.60 21,3,;7.00 26,2.):).00 ::~;~':1a 11 }J'J2.'C 'J.o.:::~.),')r He(Jl,t~:" n:,:.7",':'jca'tic)l1 E~ :'Tel.c'are; C:"/?V.J2.J:C:J. --;1::;~1'~:-:2.1 :Jos:?i tal L i :-;'rcL:C ,,7 1 , .2 I\.'J . t) 0 l,j37.~)() 6,1..5:).00 200.nO C-L"-\Tj_J 'J?:eJ:1sr::; S(311C~J~2..1 ::~cr~T' ~cs 3 ~) I-~ 1 .;. S D , _2_2.!~~c,3 ..C,-S. ,.. .)e ~J \: ';::.:r'~i:j ce:_' ;;391, ',72. ,0 ti4 VOL 13 REGULAR MEETING JUNE 19, 1967 :ex:: endi tures (continued) Light & Power Department: Operating Expenditures Debt Service Reserve $262,368.00 75,861.25 ____513-L120. 75 $396,350.00 Water Department: operating Expenditures Debt Service Reserve 37,908.00 27,492.50 10,099.50 -,_..,---~., -- '--'.--.'--- ,---_.~------- _____ _____ ____?_~J 50Q,i!.::1___,_ $863,422.'30 TOTAL BUDGETED EXPENDITURES Total Tax Roll Revenue from 70 boats on flat rate basis: $505. BE IT FURTHER RESOLVED 'that the rate of levy on the 1967 personal and real property tax rolls shall be and lS hereby levied at the rate of seventeen and one-half (17.5) mills per dollar of assessed valuation, except that the rate of lev" on boats and vessels shall be and is hereby levied at the rate of Five ($5.00) Dollars each on a boat or vessel of less than five (5) net registered or certificated tons and at the rate of Fifteen ($15.00) Dollars each on a boat or vessel of more than five (5) net registered or certificated tons. This Resolution shall be effective on the date of its passage and approval. PASSED AND APPROVED by the City Council of The City of Seward this 19th day of June, lS67. C12Ttn ,__:Urbach - "I~ou:j&moye__.we ad()Et __B:.e_so;Ll.~ion _ No. 64Q~'_,__Secon.stS!d by.~),mn. Lant_~~_V9_~E:.-_~,- Unanimous yes ,_ Item 8.5 - Re30J_u.t:i,on_1i9-,__()A_L~ov:i,J1~..L1l~-1irsJ~__revision SLLXL?6:::_6] 1?_Ll~~_-t::_a~_C!.l2P_~.QEl:"_i_Gt.tin-9-_.th.E?xefor - a-t the r-1anager I s request the Comp- troller reviewed the work papers of the revised budget advising that he and the City Clerk-Treasurer had worked on review of all "tIle revenues and expenses allocations including particularly the percentages of administrative expense charged out to 'i:he utilities and were ready to present the proposed budge't revision to tI,e Council but thought a_ study session would be helpful, noted tha-t the budget was still not in balance as expendi-tures were still considerably over the bes't estimates of revenue; noted for ~he Council's information that the original budget did no't balanc nor did -the administrative c:,arges as set forth therein check out, so that i-t was thought desirable to have the Council's concurrence in the work done so far. C:Lm~?mLt),--_~:..~, !noye_ w~_tabl <::...BesoJ.lJj:..:L_O.n_Po ._6AJ___Cl!1~i._E;gt~__s1?_ec ial s tudv ses s ~on__Jor 7: 30 p.m. the 21st_day oL_oIu~e to reyj,-~w the budqet chanqes f_o_l:"__j:i~e \Tear 1')66-67". Seconded bv elmn. Urbach. Vote - Unanimous ves. ........____~ ._,__ _~,____...____.,._..,,___ _.. ...__,".__._+.___T"~' .._...__..._____.." _ . --'",__.___,._, rro.aY()~-Kirkl?atrick call.~.<3-,--J:_e_n minut_E;.-2:ecess ~n.Lregonvened the _ eo~ncil with the same members present as were present before the recess. ___._ . ,_,_'_.,__~'___4._'_'______'_ ......,_".____,_ "-,,---' --"--" Item 9 - Reports fror'l -tl,-e_13orOl191~7is_seIl},oJ'y'!!!en _ (1) Clmn. IJantz advised he had correspondence from the Borough Administrative Offices stating that they needed the Real and Personal Property Tax Roll for any fore- closure action Seward \-;anted -them to '__mder1~ake and it was discussed -that the Tax Foreclosure Ordinance was passed by the Borough on J-une 6th and was not yet available in its final form, that it would be best for the City 'co see the ordinance in its final form before taking steps pertaining to the foreclosure action. elmn. Smith noted that the ordinance still needed provisions for land withdrawals for public purposes. (2) Borough Sd1001 construc-tion program was approved; (3) Pe-ti-ti_on to be on the october Ballot "'(lether or not to adopt the l\ssembly -- M.anag-er form of governmen-t was approved; (4) The Trailer Ordinance was tabled; (5) Ordinances were introduced!:o establish departmen'ts or finance and assessincr in ,the Borouah Administration, and also an ordin- ance establishing an ~ executive dep~rtment ,:"hich would have sole authority over department heads was introduced; (6) A Resolution to promote a I I I REGULAR MI:ZTING JUNE: 1'1, E67 VOL 13 flfi Marine Sciences College for the peninsula was adopted; (7) a resolution similar to the City's resolution protesting wilderness area and wildliEe refuqe land v7i-thdrawals was adopted; (3) ]~oster-Marshall, represented in Anchorage bi Mr. Dick Sassara, was employed as Financial Consultant for tbe Borov.gj1; (9) 1\1r. Sassara ,Jill prepare a Financial program:or tbe scl1oo1 construc.tion progra'n and tbis \,7as reported to the Council in considerable detail; (10) Capital improvements program for remodelinq schools was reported as first estimated to cost about $300,000 has in~' creased. to abm.lt $ :1-50, 000 and;:~'le mos't rec,:=nt figure $636,000 for re-- modeling and portable classrooms onl'r; tha.t the sC!lOol program grows and grows and .the Assembly goes along \vi th it without ql..les-ti.oning tIle school's reques"ts, noting hOv7ever tJ1e relo,:::atable classrooms were an absolute necessity. The Council at this time also discussed the Borough practice of budgetinq for surplus and .the fact they .thought this was not permissible; (11) Proposed Boroug~l 2-\clministrative Building t::J include SC~1001 Administrative Offices was discussed with different opini::ms as to whetller the build,.. ing should ~8 built bv the Borough, by private capital and leased by the Borough or whe'ther it should be built at all. Item 10 .. B:,epor_"l::_:,3_j:rom tl1e City Man5~r - (1) On June 22, lHaska Sta.te Housing Authori.t:, will meet Wi"t!l .tlle Seward Planning and zoning Conuniss'" ion regarding 'tile comprehensive plan for Seward and requested any Council Members "iilO could to a.t.tend; reminded the Council .to be prepared for special meeting as a result of Governor Hickel's announcement re- garding ti:mber development; (3) Have been unable to gs't tl1e lots appraised, bu'c arrangewents are underway to receiv'0 Bor::Jugh assesing 'c' t' (") '" t " t' t ," ""' se'c, 1 lncorrr.a' lon; L, co -ea na S"C11C,'f seSSlon :1ao/varJ,a1.'S .lease renta figures for land i.n the harbor and asked iEthe CO'Ulcil \vis:led a Resoll",". tion dra'/mi)j? \',jhere1YT the ivlanag"er v,TOuld negotiate Vi2.th praspective leasees on 'C~1e ;Jasis oE the various cos.ts; noting th.ai: if .t'/lis vlas the Council's wish, '"e \'muld like :::,ar it .to be in res0l1.1.ti'.:m !:orm. ('J) The Manac.er presented t'le :cevised vmrdinq for c"e.terpininq Earbor Lease ~ental at :::ive (5) year intervals based on land valuation, as develo~)()d j': .';:\e CYc'.ncil basec' -:m one 0'::: bi.e City ,,\'i:'torneu' s recOTowend.a-- .tion, and 'c,',is v7ordi.1KJ \'las discussed in c1et.ail; tllX"J1)C{1'Jl""~: i\PPRi\ISS1cJ, to be used in plac2 o'E ASSESSC~7 \;it~ understandi.n0 ~~lat a2?raiser's iees are '" i ::--'-1 tJn:::~ 1:::le provisi,':.-.ns arc ":'/ri-t-cen to ~:)r'Y;:ec.t t~-18 Ci-t':l as t<;l:; CiJc?" s firs':: c._~1.1.Jj_c3 \:.joLllc~ be -t;) T"lall.l:':") -c-"1e land b~i ~',-!'--1-t1,,:"al 2.:~-:reel,1ent.7 (].e:;=ine(~ !l~'.T:'~rl! rent: a.s beinq s:L!~l:?l J lease r~ntal 2~'~c1~}si"re ;~:,): an'! dec!11C':: ions. CIE1.Yl.. Sj":.l:L.t~'l -- "l ~:'Jou1c1 .-''.O'IS that '"viii t.~'l tIle 1p;'Jrc1ino c","tan::-;es .t.:) .t~:':~ -- P'''--- _.__.__._.,_.._.,_.... ___...._..__ _,,_._ - .__.____._.._..,,_,..__....,_ . _".; _.--,+-,._..._ _._. ' ..__..=-_ a,-nyroorja.t,a ~~'cr"-" -..:: .!...~1e. 'T.-""'\rci :la)-c......ra.C"~l1 r~'t' .tT.. Il, ......1I J_"1~.1.- -t"i ~ ~.~_...;.....:;_.,":~__...::::. ..~:..._,:-. .:'.:". ,.:'_'__~_~1._., ~_..:::_.~_.d~._..l:.:~__~a__.:.~~~~.9_:.n._. _a.ss~s,?_.~_~C'I_~..,,~~"':"-:; ~~!O~~_~l!_9..._;)~8, E_2.1"l:t:,. ~0~~-:l... to -t'\~___Gi .tp/" .l~~_Jc.O~~~\.l __ EQ~ _:f_e'y_ie\^~ ,a.s_ _t~_q_ J~~eqa.l , .;:: ::J..:-L!fl__a~l1.~l. so forth". 2ec~nded bu Clmn. 0illburn. Vote - Unanjmous ~9S ___.._._. _'''__'0-'.'. ...... _ __ ._ _ p.,..... __ _..,..,___._ ._._, _ _ _ . _ .___~ _..____._._____..._ _.~ .., ....._ -. .:. _, ...._...____ ,~.. (6) T.(la..t .th9 C,"]un2 i1 ~nac1 a 'plri -l:t.en reporJc of t.he .;,)':JnG. ~'ne2t:. i;:1!] in ,Junea'" vii1ich 11'2 .1.""1a.d at.tended. (7) ~CTave 'don a':iC1.rd an asphalt Let.tIe, s.treet s'.^7eep,er ane'. scraper (for sa.ni t2r~i J.an'~. .c'iJ_l "~i\ai.n.tenance) I and i.q~:.1ic~1 :18 '.'ioul~l, -taJ':e (.eli-ver./ .['or rig."l_-C 2'::'Ta.~.7. (,-) Uyted .t.la';: '-',r'> next regula]: ;.]eet incf '''2S scileduLcc: ":':):L' J'1.l1v 3 and t.~"1a..t ~:)e'J,;a.T~~. t s s';~cc=;_al vleek in .C .~,::; Centennial cele~')ratii,)j1 -;_s i:he ~vJeek J ': Jul',l3 .- .~~ a.n" reC1J2stec1 Connc::I'f=..; crJDsi..c1eratinn 0~__: "c;--d.s. Clrnn. lJrJ")ac"-.~. ~;. ~l.~:I~~l;~b:~:~::::;L,i~'~<.)~r~;:i ~ t,~rj::~:~2~;~~~_~1~3 S!~:ll~~~i~~~;~~:~~;j;~~~~~~~~i~~~L~~ li~t~;'.' Leirer. "'";J~;:.?:"" UTlal1irr:O"ilS ves. --~--- -."-' -'._'--"-"-""- - " -'- ...~. .-.-- -.. - . - -" - _.........~.._.._,-" Item. 11 ,_. _9.i::?Y~X!..~_i.;t..:~?)-_.f?_g_\~~~ioJ]_ (2_) Let:t.er of -c.ll.an':s <:i) ;3::'!~.:L.t:'lIS C.~rantic~~ _cor -t~ie C:::h.rn2j I' s ~~:;ps and sa1.1Ci2rs req"!~:es.tecl; (2) To 01.''2stion, t~'lG .:Tana.~cr a6",:L2,(~~:-: n'3':i s.trcc'l: Si~;T.tS and .c.ra...:.::ir::, sisns "]er.2 a-;::;="~.li: read\? to ;)e re.-.insta.ll:.:::6, n-:i;.:in(} that a nl1:."~>~r ::J.:~: stop E:isns >a'l;:::; '}:,:een replace('. by .:,.j_eld .ri'~:~l.-;:. '-,,': '-:72\r sii)ns; (.3) IJocal policing ~::.:: ':':'~1e :;l::.2.-te Police uncl.~'?r c:)~.}..tract. ""':'ct;~ d i SC"Ll.ssec~ J:'r i2j:l;.. an6 -t:"":.e i<~a.na.'~jel:"' reCl.:::n'~-r ended agains.c SU.C~1 COl1"trc.C-:: 28 j:,,:::::ing rllore G::;z~,-)ensive and less efi:ective .t~1an the c)resent s~:7"s.(:'::;j,':17 (~.) Clrnn. Lan.cz and Leirer advised .tIla.-t -tile Cop~?er r,r:: 1l._~U REGULAR HERTING JUrlli IS, lS67 REGULAR MEETING JULY 3, 1967 POSTPONED TO JULY 10. '~lley Catholic School would like to buv the Jesse Lee Home laundrv and kitchen equipmen't at ',:}le lowest p,.]ssible figure and tJ.,8 II[anaqe~ ae;Jised this would be included in the advertisement for sealed bias ;o~ property surplus to the City's needs ~,ich he was preparing; (5) clnn. Leirer asked about including surplus buildings, such as the old hospital, in this advertisement and the Manager advised he did ,plan to include the old Army Rec Center })uildings but thought .the old hospital building should be included in a comprehensive real estate sale; (6) That t.':le university of Alaska's Research Vessel is in port and Mr. Dunham, President of the Cham;:)er of Commerce, advised that the Chamber was hostinCj luncheon for the officers and the Council; (7) J'lrs. Pat ,'Jilliams advised .that Senator E. L. Bartlett would deliver the Dedicatory Address and unveil the sign at Andy Simons Mountain at 1:30 p.m. Sunday, July 2nd and requested the Council issue a Procla- mation in honor of the event and requested Council attendence. VOL 13 .fJE'~l1._~_.FiJ-.l1:l_urn mO.Y.El.sL for. ,~dj ournmep.!. .a.neL'yic;..~l1ayo~~~inn_e~._d~.cJar.ed .the__I!.~e.~ting .ad-j9.!:1.~l!.e._d...a.Ll1..E)_Q. p.~ll.1.~. . -.Lb~~~.;S_!?(kL~~ /LlA/~l4/jl____..__ Beatrice E. Watts R. W. Kirkpatrick Skxmuexx City Clerk-Treasurer Mayor ilXEJEJEMlq!BlX REGULAR j\:IEETING JULY 3 POSTPONED TO JULY 10, 1'.67 The Regular Meeting of July 3, postponed to July 10, 1967, due to }'ourth of July week beins! Seward's Special v'veel: in the Alaska Purchase Centennial, was called to order at 7:32 p.m. by Vice Mayor E. G. Skinner. Opening ceremony, Pledge of Allegiance to The Flag, was led by Clmn. Leirer. Roll was called and those present were: Vice Mayor Skinner, Councilmen Herman E. Leirer, Lawrence Urbach and Tom P. Smith. Clmn. Willburn arrived about 7:33 p.m. Mayor R. ViT. Kirkpatrick and Clmn. W. J. Lantz were absent. The City jI'lanager was present. Item 4 -. Minutes.. Commencing page 346 of Special Emergency Meeting of August 16, 1966 and through page 390 of Special Meeting of October 31, 1966; correction in title on pages 361 and 364 from 1967 to 1966. Mayor Skinner advised he had talked '-^ii-th Clmn. Lantz concerning -the minutes and he had no additions, deletions or corrections. ~!~P~. l1fbach - "I move tD3.!._':i~__Cl.EProve_Min.2l_t_eE_f~omJ?age 346 thro~3!:'l_J2..C!ge 39Q..~'~, Seconded by .S:lml,-_~._~eirer~-Yg.t_e..:- Unanimous ves.. Item 5 - CO.1}_l!.~il Qi~~'ls~top and Publi~....1I~_a~_i..~ - No citizen had re- quested audience of the Council. Item 6 - Comm~nica'~~.~s - (1) At 9:00 a.m. July 19th, a public hearing would be conducted in AncIlorage on ti,e proposed Utility Cormllission Bill and the Manager advised 'that he planned to attend, (2) Let.ter from Economic Development Commi,ttee following up on the presentation bv Mr. J. H. Werner to Vice...President Humphrey and !vIr. DvJight Ink, and offer- ing any help to the City of Seward. Item 7 .- Ordinance,-J3.e_sQI~tions a_nQ-2!_l1er ac.!..i..()n items - (1) .P-.,,".soJ..uj::Ji:m B...~..2jl:. approving :sir~t. E.evision of 196_6_:-67 budget and appropri at::Ln:1 .!b~ref()~ was requested to be tabled by the Manager as he advised he just had received it in final form and needed time to study it more. .Clmn. f.~L:t;'er - "I move -that w_,? tableReso!~_i:J.9B.Jf..9. 641".~'?Sonde(iJ)'f~lmn. Smi th. Vote - Unal!.i!llotJE... yes. Item 7.2 - ResolutJ.sm]:\fo._.~j2 was read in full as follows: RESOLUTION_}TO......!_. 64?_ BE IT RESOLVED that the Ci,ty employmen.t of Galen W. Alberston, former city councilman, whose term of office expired on October 10, IC;66, less than one year from this date, be and is hereby approved under the exemp- tion provision of Sec.tion 2.3 of the H::)Jne Rule Charter. This Resolution to ~e effective on the date of passage and approval. Passed and approved on 'the lath day 0:: July, 1'67 I I I - ~ 6'1 , _,...J n.E:GUL.!\<- MEETII:JG JUL'" 3 PCjS'.rPONED TO JUI'-Y J 0, 1 I clmn. Smitll -=-..~~1-_~lOve t.D2_t_w_,?_ _c~(!2:?t.J\.e~0ltl~tj9!'c ---_.. - _.' -..,----,-. --"',...,-- ~J.2nn_0!rbC3,.C::;1_,_ _ yo.cE. :__ !}!'_9Xlirc~_oy,s_~Le_~,. No. G.0.2". S :,c'Jnc1ed ~ F _.~,...__._._---_.,-- --- _..~_--._- --".-. ~ Item 7.3 .- ~~~.s.')}_.U,!=_:i,:0~No.~1} ','Jas read in full as::'Jllows: ~.~9LltT~I 9!L~'TC' ,_.?!f 3 WHEREAS ReS011Ji~ion No. 445 se.ts forth agreement by the SewarD Ci-t:y COUll." cil to pay certain costs ancl 'co do cercain things to es'eaJ)lisll 'che 1'.1 Peel Residence as an historical site 'co be usee. as a m'_1SeaUXi\, a'::; the request of the Resurrection Bay Historical Societv, providing the Resurrection Bay I-Ustorical Societ;l shall do certain tJ1.ings; and vi'lIEREASKeS)llxtion No. 44'3 prov;.c1.es for review at:~he end 0'::: twelve months fros the date of said Resolution, or on June 7, lS66; and "'vHEREZ'iS more .t'lan bventv.,four rnon'cJls have passed and til.e Resurrection Bay Historical Socie'cy ilas deten1ined that the Al Peel resi.,dence is not an historical si'ce as it had understood that it was, and ~l.as theref0re wi thdrawn its request to The Ci'c:'" of: :;eward to secure t.'oe .E:>roperty frow Alaska stac/c) 'iOUSi.IYJ Alxchorit,T and, to save i.t [run dei1101i'cion, and has wi thdrawn i..ts oZier to adrniniste)~ said property, clean i'c L'.p and operate i.t as a museum; NOVJ, THEREI?O"~:;;, B':O; IT RESOLVED .that upon review of present conditions, it is hereb1 c1e.tenclined that The City of Seward shall relinquish all interest and claim to Lots 10, 11, 12 and 13 in Block 2 of the Original Townsite of Seward, and shall hererby terminate the offer or rinancial assistance contained in Resolution No. 145. This Resolution shall be eEfectiv2 on the date or passage and approval. Passed and approved by the City Council of The Cit1 of Seward, Alaska, on this lO'i~> da', 0: July, 1':;'67. Clmn. Smi'i:~1 asked if eie Historical Society no longer wan'tedthis site and the L'lanaqer advised tl'ley wan'cec1 no part of it. The status or the proper'll was discussed and clarified that this would return it to the Urban Renewal Pr0j act as thoug:l i'c !lad never been selected for an histor-- ieal site. .<21!,~n... ~L..'3ir.:?L.:-_~_ ~l~oy_e_:tllca.t we pass B..<,=_s_o)::.l1.'.c.:L.o,n. ,N_o_,__643~~ 1?f:'=.cgnd.:?clJ;' '~}:lnn_. _,:c~'~i..th~__Yot.e :. Qn_a!1_iIo':-J~'::0LLEc)~,,~ Itew 7. 1- . ~'~e.r.r'lCi}l:. .L.eJrer J_ega.r.(ing._S_eYi"a_rc1._I>)anr.in3._a_n_d. !~o.n,i.ng_._~()!l.1fIris~i2.n._:: The City Manager explained that the Code or Ordinances and Charter re- quire a replaceT'1.en'c 'co be found :':or j:lr. Leirer '0n 'e:,e Planning and Zon-- ing Comnlissj,on as -:,le has appoin'ced to t;le:ity Council. C1mn. Leirer said he wouIe' send in his let.ter of resignation fr')i'cl t;l.e Planning and Zoning COPIC,lission. Item 7.:5 - ,'\P1J.oJ.n~c. mep1ber to. Pl.?-Jl}l_ir:!SL2:I1..9__~oninq CQ!~llisE.iOl1.....!:g_r.?.plac..9 H~.r2-nE..l1-l~~__L.f,=_i,r~ ... Vice Mayor Skinner asked if there was any urgency 1:0 make this ap;J0int:nent and the .',j.anager advised of the inl.portant proj ects berore tl1e Com,miss:i.on and the fact -tha'e some of their members were out of town, soi::llat it was important to name a replacc,;ment. .:.::J.J:I1n. _l!..:t:'pacn .:.:.. .'l.-","Otl.LQ_l'1;'Oy.e.j:)1-,3J_l' a t.J:'.ic i_~ VJi.1.1)..~T:~_.)~2. ~_oin ted .J:_o__:CjlL J'l.erman LeireE'.." v a c .?-}1S'__0.l.1""':C,l1_<,=__P.1.aX1_n i ng__ii.n,_d_~?n.:L.l1..9~ S::p~:e~_i s s ion -Lt e:r:il52U:J)..J:.e_i?-!~epLu ar y _l..:~_ l'::~70). Seconded b, Clmn. Smit~l. Voce -. U::lanimous ',es. ;,r-c s. ,'Hllia,,,,, --'--"-"-~---"-'-'~'--~--""'-'~""-"--' ---.--.-.--- - .-..,-.-....-..- -- --.-. -.-...-" ---- --.- -...- -"~-,------,-,_.. vva sin ..t_h..8. _a.1:':.'~l~,E..n C? _ii.l1.si_v.~_rl)_ii.1J2 _~c_c_ep ~e e d th e _~o j::...rl~cJu..e}1.:L.ii t t h~_t tirn..e~ Item 7. rS -, J'_C1J:_L~i.c).51:..jvI.9.!qan... J3.t:l..i.,t.Xo.:t:'_PEoE_erblDi'tma~ - '1'he City l\lanaqer reported, furt~er t'O the written notice previously given the Council, that Patricia Norqan was suing the Ci.ty .Ear damage allegedl.' done to propert{ in i?ores't Acres durin" 'cile 1964 reconstruction of sewer main after the earthquake, and after reading the pertinent ?ortions of the claim, advi.E'ed .the Council it:lad !-:Jeen turned over toch'2 City Attorne" wi th instruc'U.ons to deny the claim and that he wOEld be ccm:Eerring wit~l him in detail regarding it. I-cern d 3:'=.?9Li::..s_J)~9~_t]_~__BoroYCj;-1.A_s.seT>1blY.r.'len (1) T:lacc}le millage had been increased from :5 to 7 and the Borough Budget had been approved; (2) Vice Iila'lor .skinner inquireo. a::)ol't .the proposed nel)- elementary sc]1001 site and Clmn. ::;"li'ch advised 'c:la't tile Boro\l}h Assei'nbl'7 had instructed the school c1is.t:cict to bring .;~irlil. recoHL'tlendations reg'arcUng school land and sites but chis had not vet been received; (3) Discussion regarding ~c \10 VOL 13 REGDLI,R lil.:,:::;::'I'ING JULY 3 PCSPONED TO JULY 10, L'S? ':~1';:; proposed new departm8n i:s and employees as reported at the previous :::) -'Dcil Meeting under Reports from Boroug:1 Assernblymen; (1) Clmn. Smith i~8J':)rted that the Borough Assembly had turned over the major main'ten-, ane2 and supervision of the school buildings to the School District, to "ill ;l~h he strongly o:Jj ected and 11ad given warning that he migl1't ta:;:e ?e~sonal legal action to reverse this; that the increased millage this 'ear wa.s practicall',! all :Ear school construc'cion and that the ;Jonc1ing ':TOuld be short term to compliment the flucuat:ing population resul,ting Erom the oil and gas exploration work. The City Manager asked if the school des ign and drawings were prett'l well along in order :for con-- s'tnlCtion one year hence ane Clmn. Smith said they vlere sewgosed to be but that the Assembly had not had a recenJc report and that; ~kre needed soon in order to have a realistic proposition on the ballot. Item 9 - Repor,ts, frol!! t~_, Ci tv Manager: -, (1) Reported that ,the revised I1arine Fuel Dealers' Agreement and Lease Agreement had been received, that the new total cos't for the facili't;r was $13,950.06 and a mon't111q pa1ment of $387.50 co~uencing June I, 1967 and the contract is now ready; to question advised it would be ci,ty expense to move the float. (2) That Chris,tiansen Construction Company EDA Harbor Construction Con-' tractor, will bring a Darge into the sInall Doat harbor ontlle comin.g Friday 'to commence Hork on Monday; that, 'the State's contractor ,Eor floats, etc., will also have materials on ,the barge and will commence work then. (3) l'1entioned that 'there was some ques'cion regarding the land 1.1Se zoning of 't:1e area just north 0:;: 'the Marina Iijo'tel and it \vas ,thought it (3':'lOuld , d '1" 1\ 1 1 S t t"3 . - t' , t ". "/9.:c t De zone""' cormnerc J_a.._, ano. h._aSJ(a a.- e 1..LOUS ~tn9 ii-.ll. nor ~ "l aCl.\l:"L seo.,. c.cla: meeting ,that the CiJc',' s'10u1(", notify i'i: L: }.t ','ianted a change in t,Le zoning in this area or in any ot~ler area. (4) The Manager advised he had discussed the Clearview Housinu, presentlJ occupied by Coast G1.1arc1 2ani1ies wi t'.l 31mer Ga:-fn::ll1, of FJCE\, 'J;10 ha,6 de", elined to advise t~.le Ci-'c~:", 1::nxt c~ic1 say t'.~!.a.-t i_c' -the Cit~r Dla.c1e a rGasonw" a:IJ1e o::.Eer 'i:'.lat he \\'()"l.'.1d approve it an6 recomrnend approval ;:0 '}?ashington (seG }.'I:em 6 (2) June l' , 1':67 mee'ting). T:,le I:i:mager reviewc6i:iJ2 r;'Jvern'" ments value on this }JrOpcrt,l at $156,000 andi:he Ci,t'T's first,J::':.c'er, w~,lic-] i.ias rej ected b;l ',;;HZ\. a'c $100, ()OO; jJ1.1xc:1ase terms at no dm'm, '::>a:','ment, 20 vear term, propcrt' condition as is. Clmn. Urbach advised he had dis- cussed tl1is with a number of people fealing c,ilat it was im1:)ortant. to the City and that all persons ~le talked \vi-tll advised they thought there was n::l al,ternative as \'Jithou'c housing the Coast Guard families would not be assigned to Seward, and people were of the opinion that the City s~ould not allow the Coast Guard families 'to depart for this reason~ c11a't everv- one would prefer for the City not to be in the rental business, but can see no other solution. C1;nn. Urbach -, "I \vol11d move that 'VJe maKe an offer of S123,OOO for these 14 units". Seconded b~ Clmn. Willburn. Clmn. Leirer reques'ted ass'l.,;~ance::'rom the Coas't Gl;ta.Lc1 j:haJ:_ t.h~.,\iil]~J::ee1LJ~~)e :lo1.1ses full and in c.iScEssion it was 't'lo1.qht that probab1''--.the ,o~__,,_ assurance whicll. tll.e C'Jast Guard vJOuld ')e able 'co give woule' >e 0":: one of incen.<':' a.nd the I"i~'.an2qer '\'Tas reques.ted to secure sl1ch if possi~:Jle. "~J~JJ:.~:::....--=':'" T)na.n)~l,'lo_~:~-...:L.es .,. (.5) 1\'."'.ere .have be(~n SOT~~e c...tang-es in pe~rsonnel and .i:he 1'1anaqcr advised 11.8 ':7~::;uld be sendin~' a i:?rit,:'cen report t:; t:~)e CC1},ncil a.lonef \:1:;."\::.'_1 tole six -(non.t.~.1.S Police DepaJ::"l::':"~I?-!l'C. :?\.Gpori:. (:5) .Ad.7ised that l\nc1y .',~n(i.r:2sen :'1ad D;2-211 in conference ~,1li.b:''. ~~1iw. r',?'?ard'-- ing lease of land a't '1:'12 nort:1 ,end of 'c:lle1arbor cc:..~a",J::,(?i2'i:___~~air 'business 1;ihich would invol,tI;:; :?urchase 0;: 0ic', Huntinqton' s :Juildin,:'; .t~.1a..t he had advis8(7! j':.r. ".~n;-=~resen .tJ.12 lease; .terrns could be 30 '..rea]::' tern1 ~\rli t:l1 -tJ."18 .cirs.t 2 .y-ecu:,s }=(;~i.l1S[ -In t~.lree ..~F)nt~l.l :?O. ;":len-t intervals I ;:~_"lat. -l1e v,as in'terested in J.o':: 11:) __' in block 3 ::>,: .the pr-::>posed 1ndLl.s'tria}, ::.'nl:l-' division 'V1ihich cJn-~:2.in3 .2jl 740 s~uare :.>::;8': I an:-:) a,t 3 cenJcs ~?8): sC['l1are roo';: "7:..:=u1o. ])e a leas:.:; r:~D..':a.l 0:,': ~~772..20 ;~)er '/:2a.r. .L"'lr. :~ndreser1 p~cesen.ted 1 1 -" " " ,. - , d' ", , , e C "'l1ci 1 ..., rl..'1... a 1? o.t .:? an :cor 'CitO p:<'{J:~)''JG2C Sl"Ce ~,'7~1l(:: '. \/a.s SCP-.J..eu JJ] 'ct}. e,.". _:._. ~L. Urbac', ,.. "I i'nove bla'c W'CO acceot 'chis O'::l:'0~ i,c, J't ..z:nee'cs ,_al:L.l:",ul-J.9J.D.5L,Xe,: -..-..-.,.-..- - --".- . ~-_."._.,..._. -_.._-,- ,~ .'-_.,. --... ~..-._._-.....-'- -'---:---, -".,- . ..., ~. "1 ,. .. '1~ -' r "= 011irer'1ents and lease J:-ecr1}J.rernents ~- t:.1]~S lS ':1~1a.t "'le nave---.-::.J_?_.~.:l~ ~':~E..:~-Ln"j ~or ___.,1:..'"_,. .._ ..._________._~_ _.. .. ......_.. ~"'-'~ _ ". ~ __,._.._..._..~"__.__."_,",__ _,_.,"_.__~..._...._..._.._,____ _ I I I ,-:'>3ULA:~ "lER'rIlfG ,JlcLY 3 ' 10" 1067 PJL 13 b~ , -, , . . , 1 . - 1 ." " " " ')' B1 c'.. ~ 2.nd I ,1:)el~~eye l C ",:,?~ In oruer _'~~=? :=Ll_\l_?_..~S_~~.__9-!)pr~'Jv~___:::_?_r_,,~~_~L_,_~,~_"__?-.!l_E-_C?_~_~~_,::' -~E th~-'I'l~(l;;s-:t-r-i'Cl-l"-Subdi vi~-ion! .' and thec.<?IlnaL.l~.Cl.3~....:to. ]J.e....Q.n_~!:l~e n~xt .<3.~,p~i~,,~:~ ~i3-cQn~i2si~.:L C1nl!! .J?j'l'~<'~:;.. . -C'l~'n-n. J~e irer rcques'ced amendment t,o ,the motiont'J naI::e -[:1.'1e l,=ase sU'Jject to wa1:er and sewer easements as there was a water line going rig~t across :hat lot. The city Manager advised that the engineer woule need to survey and stake the lots an{ that th'2 lease 'I-Jr:)pld have to S;'0W where the water and ani (yther easemon'ts are. Mr. ~ndresen asked if th~s action tl113 Council \Jas planning was sufficient to permit him to secure Einanci~g and to start work and the Mayor and Ci,t/ ,'canacjer advisedc::lat i'c SlltY.l1d do S,J, alld requested ~'lr. Endresen to con ;:e;~ 'Jith tlle Ci,ty 11anager r'2gard ing the t2L,tS and conch. tions oE i:he standard f()rm lease and to work out any details. .vo.t.e_ .0}1 ~Jmn-,-..Urb.~cl'.~_s. ll}2~t;LS-1n. ::-._U.naniLloy"s.j'es., (7) ell-,m. S"lith advised 1.1e wOl',lcl, li;~e Eor the Council 'to establish a price for eac~ lot in the proposed Harbor Industrial Area so that anyone wishin'] to lease c::lUld COIne in and negotiate wi,tht'l2 Ci'c' [!Tanager; and 'to take the n2cct steps 'coward ::inalizing the preli::ninary T'larbor Irdust,- rial Develo:)n1ent study and the Harr)er Industrial su1.x1ivision Plat; thai: the proposed Harbor Ordinance could be inoroved in conjunc~ion with sucu, and the ei'cy ~fanac;cr suggested a study session W::1en 'le ~laC: had an opportunity to gather information, and this was agreed. (8) - T!12 .;'::cU1a'Ter advised that: Resolution No. 63~ lJertaining to 1:'1\1\'8 .'\ID at Sewa}~c-, Airport which ','jas "cabled until this 'llesting vTas not ve't readv for action and after discussion the::l1atter was 1e;O't tabled. (9) The eit,{ :::ana'::rer introducecl I1r. Jim Evans of Evans Lumber CompaWT IJho advise,;, ~I,e vias interested 'to lease the tidelands and '.'plands betvJeen the Alaska Railroac; Property and ,the East Breakwater oL ,the Small Boat Harbor; advis,ed t1..1C'tt tile compan'/ would be bringing logs from the interior of Alaska and might wish use of the track spur serving the City's fish process::.nc:r building. TIle jljanager advised tha'tthe Ci,ty needed onl/ to retain a 3:l foot road'lvayfol:: access to ble c:rrid platEorm, and could lease the remaining area. To question Mr. Evans advised t~at the Alaska Railroad hac: said that vi,'a'tever lease conditions t::1e ei ty estab- lis1.'1ed wo l,J ',"2 sa-tisfactory t!O it and -to question ::':,12 Hanager reC0li1E12n. ded the 12as2 rental be set at 1 1/2 cents per square coot per annun, and i'c vJas n.o'ted .that t~,le \vesb'iard Til'lber Products Ine. is the same operation. C:Li!I~., _~Tt~i.!:_l2 _-: .'~I..'I"C?l~J:C: Ji:OV:C:: .!:.1.~a.t:_'I~_~':'lo~j:a~'," 2:.lc:asc: ~'Ji 1::i1 ]iestv~~~c: _'l:j:'"~:~e:r p_j::'=!~lu5:t_~ .r.~c.., '. ,a.t _~119: (~it.Y }1a.~C!qeI- '.s I-~C:O-,gll~~I~C!.aJ:,iQP:._<2c _~ ..~_c.~~~~_2~r. _~_ql~~.r:: .f.o.ot co.:r:., the ,. ':_~l::St, J;:iye .YE:C!.r-'~,o_n .~_E!ta.nd~:r:d ._~Q..J::e.Cl:L -terro. 11 0__.____ ._... I'lr. ,-'vans a'.~".7:i.se~'" b.le lease wit~,l ti1e Alaska Railroad 'Iio':.1ld :-.Je on a Sl;( mon'tIts basis unless the Railroad cClUld oe persuaded 1:0 c,'anqe t1.1at condition; t~at they would ne2d a long term lease to build the cnlp plant wllic'" U,.€ 8Jvernor had an,nounced recentl" and vi~-:)l110. like to '1ave a longer -t:;"rn l8ase in this area. Ti1e irn'11ediate and long range progra,Trl of the .firm was discussed in detail by Mr. Evans including the fact that -til.e { needeo to ~1ave '\;AiaJcer anl..L :cailroad service rig":1.t ,:)D Si-;:8; in G.lS- cussion of alternate locations Mr. ~vans advised that the location on the east si,J" -'c 'ti,e dock was determined less desirable 't:,1an at .first thOUg:li: becouse '::>[ a line 0;: pOI'Ter p::>les right throvg:ltile l)rOperty and that anot:'12c cons:L::leration '\Vas 't,18 Eac't that Tresslers <derr=: ta]~inq lo']s off tha-t ar,,,a an',;, he would notf,ian't to 'larm an'/other op2ra'tion in anT w'ay at all. To ques-ti.on r2,;arcl:'.ng tile econo ,'ic tAilll?~ct of tile proposed :i.nulLediate activities, I.ir. ,'vans advised t',lat would be 14 'co 1::; direct people employed,D longshore days per Ttlonth to .operate a-c: aboui:i:wo thirds capaci i:,r, and 'UJ,a't ,there would ;:Jc 2::>:c 3, iJossibly even }, or 5, ,times as many peo!Jle e;llj::ll'::>yed in the woods <Jetting out 10Cjs. To further question Mr~ ~va_ns advised this would be a simple mil]. lua]cing cants for expor"t, and ~1.8 -Jelieved -::;1e Citv '\',dould receive lnore revenue rron1 the loggers t~an fr.om the mill. The Ci"ty J>1.a.na.r~:cr as]:-ed rllr. Evans iE i-t \iv-ould be an>! a.ssis.tance for tile eity to reCTll11en~1 to the Railroad ,that it Clffer a long -term lease and 70 VOL 13 REGULAR [mETING JULY 3 ' 10, 1967 I'le -, Evans thought it could do no harm; that \v'i th a long term lease -,l,e EeC-1re financing for the chip plan't wi,thin a fev7 months and wi thou,t it 4 ): 5 years might be required to start the chip plant; also that they ,,;e:c-: reasonably confiden't they could secure long term lease if thel( could generate a lar']e enough flow of logs out of the Interior. S;_l.mn~ YIl2-ach~..c:;onded Cllim._ Srl1.::"Lth 's In()tion,L.. ~iLote._,::"" Unanimous yes. Clnn. Smith asked Jl!Ir. Evans if he had gone over .the s.tandard lease form \7it11 the City Manager, and as he had not it was eXl:Jlained that the lease , - ren~al was re-negotiated each five years with the price based on the appraised value of the land and Mr. Evans said he understood this method and accepted it. yi, c 5~.}fLa yo L.li.k.irmer_c.glJ.e.c, .3,TILiJ1Jl.:t_~ .r.e.c:2.131L .a.nsl_LeCo.11.V en ed._t.h,e,,1.11-e.e :tLng_~.:~ .1.9,:)5. ~.~.i:p__t.h.e__~ar:n_e, Fll.eplb,eEs_E-r~.s~nJ:. _,a.s, ~,v.e.r_e_pr.ell_ent:_.b_~f..o_r,E:!, .-the Ee..c_e_s.s_~ (10) That the wholesale electric rate charged by Chugack Electric Association for the calendar year 1966 had been based upon a low operat- ing cost from 1965 and resulted in an annual adjustment billing of approx.. imai:ely $10,000, tha't he had not had an opportunity to look in.to 'this and it was suggested i,t be included in ,the study session. (11) The City lYlanag'er requested the record to SllOW that Hr. Ron 20:~ has presented some plans for his proposed building in the Marina subdivision in the Harbor as of this date (the plans were not reviewed at this time). Item 10 - Council_:)2J-.s_c.l~s_sio.!! - (1) Council requested that the ci'cy' s Marine Fuel Facility be kept open lonc;er hours to give service to the pub- lic and capture as much business as possible; (2) Clmn. Urbach advised that Jack Werner was chairman of the Seward Silver Salmon Derbv; (3) Clmn. Urbach advised the l'1arine Highway Department was unhappy about hav- ing 'to go so far for \-later and the City i'1anager advised he had suggested they tie up in the location the Sourdough Queen had occupied recently; that t"le City is providin9 free water for the ferry, and is not able to make any improvemen'ts to the facilities as they still belong to t'le Alaska Railroad, and are auxiliary to the ferry's published berUl. Status of maintenance dredging at the privately owned ferry dock was re- viC:Med, along with maintenance and paving- of Third Avenue extended to that dock. It \-las agreed 'chat the City is in a rather peculiar si'cuation in this regard in attempting to provide an auxiliary facility without cost on a site which i'c does no't own d1Je to problems of use at a privately owned cacility which was built e;,clusively Ear the deparbnent oE Marine Higlll~'ays and that tile ci';:'! 'clas concerned for the interest o2c~,is pri- vate investor as well as :i:or ,the interest of the S'tate ]',larine Eic(l',ja~r System. The City Ylana.ger ':ias requested 'co correspond wi tb t>8 sta'te in 'tllis regard. (4) Clmn. Leirer askeQ v;h''1 'che paving on Third l\venue was not tied in at D S'creet and it was not kno'itm why ti1is J1ad occured; (5) U.S.S. KODIAK will have open house frnm 12:00 noon to G:00 p.m. and Mayor Skinner re" quested the Council's attendance; (6) Council inquired re~a~din~ s?onsor- S~l:;_p :).::: the \'vading )?ool ':/,,~'h iC~1 ~lIias beins.J" ll.Se(~ J).? \7ounsr c~1iJ.clreD on ';.:h.e old ,:o,laska Railroad Docl~, and t'le Ci,t" Eana~jer advisedc-1e Citu J1aC1 nothin", ~/7hcd:ever 'co do 1;1it", 'f~his; (7) Mallor ~~::inncr 110b~d i:11at th,,, l'IcJ.j~')or J.'~as.t'2r f s Guest Boo~ _ '>1.a.s L:onJ cOlllplernen-;.:a):',1 corlL:~lents and -thC1-C th,2 ..:: :~\^7 c1eCjroqa't:::>ry commeni:s ,,\ainl per'cained .to lack of garbage cans Cl,ne" t-1C .~la!1a~rer a.dvised .t~lis \'Y'''1...11(~ ":::;Je correctE>-).; also .t~"lat he \'joule. Ijj::.e -1:0 have time to do cOD?rehensive studying ~or services to be provided in the harbor and use of the facility during the coming winter months. (8) Vice Mayor Skinner reported that a gift was purchased for the Vice presiden-t and his wife by tIle City and the Cha.mber of Commerce, and that he had presented icc,:) 'the,'11 on the Fourth o.E July. (9) r1ayor Skinner reqveste~ letter oE a;~~reciation to Mr. Jack WerD~r Eor ":lis presen"tat.i;Jn r:::Li': t~-.!.e to\,'1111 s :91 I: a.11~~. ~}')a.ls on "t}12 -i.:i,'lO Occ3Eions ~eforc -the Vice Presid211:t and be (:8re _1_:~X' 0 -:)'it7il~_,'~_r;: InL.. ClLl.!1. ]~eireJ: sug~~12s'1:ed a ::0110";'; ~.(~) let.t.sr also l-,s 22nt. t,Q t~he \Tice Presic~en:L-.. I I I -: "', -:~'l :I...:'-":..:'~ j>~:'_~:=::; L1 I .,~: ~: l --, ,- , , "' 71 REGULAR MEETING JULY 24, 1967 '~.1!11}!_. ~ ~r,;.r~?_i3~~J~ ~,_ ~,.)_",.7.I~':~'_ _::.'.)2~,. _a~b_~~:~_~}1~ L_ .'~_._a~~"l~~_~,():..~_~."L';:3YC~_+,-.:=i~ :)~Tt.n_::;_~;~ __,:~.c;.,~_~_0._~~~_~l_ ~-=." 1..S. ~~'~~~_?~~_i.2!~:~ n~~t.L :'-~ :Lp11..=;S~__._~~t--=-l (J :~~~:J ___2_.1~f:~.. _~~~__z?~_:__ .d{=.:;a.-trl,c\?: :',. .'aC"I:::; IJr' -, A?&:J_j/-.. _t~ - - - ------ -- -- ----- - - 'R. . Kirkpatrick Mayor ., -: ;--,- cl:::~r: "-,.I?:-:'-::;(J,2'-:=':~ ::.Y: REGULAR MEETING JULY 24, 1967, POSTPONED FROM 7/17/67 The regular meeting of the Seward City Council of July 17, 1967 was postponed until July 24, 1967, with notice thereof due to lack of quorum which was known in advance, posted and published. The regular meeting was called to order at 7:35 p.m. on July 24, 1967. The opening ceremony, Pledge of Allegiance to the Flag was led by Clmn. Urbach. Roll was called and those present were Vice Mayor E. G. Skinner: Councilmen Lawrence Urbach, Tom P. Smith, and Herman E. Leirer. Mayor R. W. Kirkpat- rick and Councilmen Maynard willburn and w. J. Lantz were absent. The City Manager was present. Item 4 - Minutes - Vice Mayor Skinner noted there were only 4 members present and that these minutes were of meetings prior to Clmn. Leirer's term of office. Clmn. Smith - "I move we table the Minutes, page 391 through 407,untill the next regular meeting which will be August 7, 1967". Seconded by Clron. Urbach. Vote - Unanimous yes. Item 5 - Citizens Discussion and Public Hearing - (1) The City Clerk administered the Oath of Office to Pat R. Williams, appointee to the Planning and Zoning Committee Commission: (2) The Manager advised that Mr. Ron Fox had requested audience of the Council but was not present: (3) Mr. Roscoe Livingstone spoke of discussion with city officials about a year prior regarding traffic control signs in the Forest Acres area, at which time he said he had been assured that the signs were being purchased, and now observing such signs being installed in some parts of the city but not in Forest Acres, was present to ask what would be done about the hazardous driving conditions in Forest Acres due to lack of traffic control signs: noted that the removal of the large tree in the "Y" intersection was greatly appreciated. The Manager advised this was the first he had heard about this problem and thought there were suffic- ient signs to take care of the area though a survey would be needed for proper placement and that he would attend to this. Speed limits in various areas were discussed as well as the need for playing area, as the children presently play in the trees which grow right up to the edge of the road and sometimes pop out into the road and into potentially hazardous situations. Item 6 - Communications - (1) Letter from the International Longshoremans' and Warehousemen's Union Local 60 requesting a meeting with City Council and City Manager at their earliest convenience and explaining the reasons therefor was read and taken under advisement pending the Mayor's return. letter (2) July 2, 1967/from the District Highway Engineer regarding changes requested by the City in design of the intersection of the Airport Road at the Seward Highway and a brief description of the changes and design of the pavement, curbing and storm sewer system was read (see items 9(6) and 9(7) below). Item 7 - Ordinances, Resolutions and other action items - (1) The City Manager introduced Resolution No. 641 approving the first reV1S1on of the 1966-67 Municipal Budget and appropriating therefor explaining that the best estimate of total revenue was about $13,750.00 under the best estimate of expenses: that part of this problem was caused by extra amount needed for the Harbor Master's Building in the sum of $24,761.00 and extra money needed to complete the sidewalk project in the sum of $41,062.00. Resolution No. 641 was then read in full as follows: RESOLUTION NO. 641 BE, IT.-RESOLVED that the 1966-67 Budget for the City of Seward BE AND IS 72 VOL 13 REGULAR MEETING JULY 17 - 24,1967 HER8BY amended to be as follows, and the money needed therefor is here- ?y appropriated from the below stated total estimated revenues including ~nter-departmental charges, transitional grants, sales tax funds (to help pay for Hospital and/or health budgets), fire station construction funds and the Governor's Disaster Fund - Save Our Seward & Rebuild Alaska Fund balance (to help pay for the city's share of the Harbormaster Building, street and sidewalk reconstruction costs): Revenues: Property Taxes State Tax Refunds Licenses & Permits Rentals & Leases Harbor Revenues Reimburseable Revenues Miscellaneous Revenues Total Revenues Expenses: Mayor and council city Manager City Clerk-Treasurer Finance Police Department Fire Department Street Department City Shop Parks & Recreation Cemetary Harbor . Civil Defense Public Health Nurse Hospital Library General Services Total Departmental Expenses Debt Service Total Expenses $ 124,333 35,467 2,534 9,800 43,882 22,039 211,730 $ 449,785 84,624 7,924 20,472 9,060 53,289 31,659 99,154 9,845 2,500 500 40,563 3,836 1,780 30,000 6,600 24,781 426,587 25,448 452,035 Deficit - Estimated expenditures over estimated revenues, and which cannot be paid until revenue is available ($2,250) This Resolution shall be effective on passage and approval. Passed and approved by the City Council of The City of Seward, Alaska this 24th day of July, 1967. The City Manager called attention to the appropriation for general fund use of the Governor's Disaster Fund in the sum of $11,500 which had been set aside to help build a swimming pool if one were built in a reason- able length of time: that it appeared quite certain that the money would not be used for such under present conditions: that with appropriation of that money to general fund use, this budget revision would then have a $2,250 deficit which the City would not be able to spend until funds are available, and otherwise would have a deficit of $13,750 which would have to be covered by tax anticipation. Vice Mayor Skinner suggested the money might be loaned to the general fund to comfort those who wanted a swimming pool: review of the minutes showed that the Governor's Disas- ter Fund was set aside for that purpose if used within a reasonable length of time. It was discussed that Seward is a long way from being able to build, maintain and operate a swimming pool: that a loan be prepared on that basis at no interest. Clron. urbach - "I would move that we take the $11,500 in the swimminq pool fund which oriqinallv came from the Governor's Disaster Fund and put it in the qeneral fund, and for these improvements: and make a note at no interest to cover for this amount". Seconded bv Clmn. Leirer. Vote - Unanimous ves. Clmn. Smith asked how the City would cover the remaining $2,250 deficit and the Manager advised this would probably be covered by revision of the 1967-68 budget at about mid-term: that the deficit items could not be paid for until the City saves the money to cover. Clron. smith - "I I I I REGULAR MEETING JULY 17 - 24, 1967 VOL 13 ,fNl7 i~ r . ,) move we adopt Resolution No. 641". Seconded by Clmn. Urbach. Vote- l,Jnanimous yes. Item 7.2 - Resolution No. 644 was read in full as follows: RESOLUTION NO. 644 WHEREAS, Andrew (Andy) Endresen and Emily Mary Endresen have made application to lease Lot 8 in Block 3 in the proposed Industrial Sub- division in the Municipal Small Boat Harbor area in The City of Seward to conduct a boat building and repair, marine supply and related services business: and WHEREAS, Andrew (Andy) Endresen and Emily Mary Endresen declare that they are prepared to commence construction of the facility during this season, which would benefit the area by providing needed service: and WHEREAS, the attached form of lease offered by the City to the above named persons for such lease contains all of the provisions for the pro- tection of The City in developing salutary, active use of the land that similar leases contain and which have been posted and published without adverse comment regarding the provisions of such leases being filed with the City: and WHEREAS, the attached fDrm of lease includes the additional provision for revision of the lease rental each five years based upon land values and shall include an addendum setting forth the manner of determining said values, of which Page lB is a preliminary statement: NOW, THEREFORE, BE IT RESOLVED that the form of lease attached hereto, and made a part hereof, be and is hereby approved and the city Manager and City Clerk-Treasurer be and are hereby authorized and instructed to sign and deliver said lease for Lot 8 in Block 3 of the proposed Indust- rial subdivision in the Municipal Small Boat Harbor area in The City of Seward, containing 25,740 square feet more or less to be used to conduct a boat building and repair, marine supplies and related services business for lease rental of 3t per square foot per annum for a term of thirty years, said lease rental to be adjusted in accordance with the terms of the lease: that Section 1.(0) of said lease form receive the date of for filing of required plans: and BE IT FURTHER RESOLVED that Lessee is hereby notified that this approval of said lease shall be subject to: (1) easement for maintenance or re- construction of Lessor's water main located approximately as indicated on the preliminary plat of said subdivision and to be included in detail in the final plat: and (2) requirement that Lessee shall enter into a supple- mental lease agreement which shall set forth the legal description of the leased property in accordance with the final plat including all covenants incorporated therein, all as recorded in the Seward Recording District:and BE IT FURTHER RESOLVED that the requirements of Ordinance No. 315 pertain- ing to a public hearing be and are hereby waived for the aforestated reasons. This Resolution shall be published by posting a copy thereof on the bulletin board at City Hall and publishing a brief statement of the pur- poses of said Resolution in a newspaper of general circulation in The City of Sewaard within a reasonable time: and shall become effective thirty (30) days thereafter. Passed and approved by the City Council of The City of Seward this 24th day of July, 1967. Clmn. Urbach - "I would move for adoption of Resolution No. 644". Second- ed by Clmn. Leirer. Vote - Unanimous yes. Item 7.3 - Resolution No. 639 approvinq Contract with Federal Aviation Authority for an Airport Information Desk at the Airport was reported by the City Manager not yet complimented by the necessary information from FAA. Clmn. Leirer - "I move we table Resolution No. 639". Seconded by Clmn. Smith. Vote - Unanimous yes. Item 7.4 - Letter from Alaska state Housing Authority presenting offer to ~he Cit~ of Seward for certain lands within the Seward Urban Renewal Pro- Ject wh~ch would be used for re-development purposes, and asking about progress on clearing title on two other parcels was read. Resolution No. 645 approving sale price for these lots was read in full as follows: ,^ ~ 4: VOL 13 REGULAR MEETING JULY 17 - 24, 1967 RESOLUTION NO. 645 WHEREAS, Resolution No. 593 passed and approved by the Seward City Coun- cil on the 16th day of January, 1967 describes the prior contractual agreement for conveyance of certain City owned land within the Seward Urban Renewal Project R-21 to the Alaska State Housing Authority, and said data is hereby incorporated into this Resolution: NOW, THEREFORE, BE IT RESOLVED that the following parcels, which are a portion of the total, be and are hereby approved for sale at the prices herein listed to Alaska State Housing Authority in accordance with AS 18.55.630 and the Local Grant-In-Aid and Cooperation Agreement of the Seward Urban Renewal Project R-21 as approved by the City Council of the City of Se~ard on the 6th day of August, 1964, and the City Manager and the City Clerk-Treasurer are hereby instructed to execute and de- liver Quit Claim Deeds for such property: Lots 32 and 33 in Block 4 of the Laubner Addition (Parcel No. 7...3) $ 900.00 Lots 39 and 40 in Block 5 of the Laubner Addition (Parcel No. 10-1) 900.00 Lots 36, 37 and 38 in Block 5 of the Laubner Addition (Parcel No. 10-2) 1,450.00 Lots 4 and the North fifteen (15) feet of Lot 5 in Block 5 of the Laubner Addition (Parcel No. 10-15) 350.00 Lot 29 in Block 2 of the Original Townsite (Parcel No. 24-6) 1,050.00 This Resolution shall be published by posting a copy thereof on the bulletin board at City Hall for a period of thirty days following enact- ment, and be publishing a brief statement of the purposes of said Resol- ution in a newspaper of general circulation in the City of Seward within a reasonable time, as provided by Section 1.122 of the Administrative Code of The City of Seward, and shall become effective thirty days thereaster. Passed and approved by the City Council of The City of Seward, Alaska, this 24th day of July, 1967. The City Manager pointed out the location of these parcels on a map and the Council reviewed the report of taxes and/or sewer assessments against this property which would need to be covered by the sales price. Clmn. Leirer - "I move for adoption of Resolution No. 645". Seconded by Clmn. Smith. Vote - Unanimous yes. Item 7.5 - Standard Harbor Release Form Rental Determination Words - The Manager advised that he had con~ed with the City Attorney following the previous Council Meeting, reviewed the Attorney's recommendations contain- ed July 17, 1967 letter and read the re-drafted wording for determining lease rental to be included in the standard harbor lease form, which pro- vided for a stated square foot rate for the first five years of the lease, to then be redetermined on the basis of 8% of the land at the end of the five year periods during the term of the lease, providing for establish- ment of the redetermined lease rental by the City and notice thereof, and the steps by which the Lessee could dispute the City's determination if it wished to do so. The Council discussed the fact that the Lessee was required to pay all costs and the Manager advised that this format is very similar to the form which the Bureau of Land Management uses, and recommended that the costs of any appraising be for the Lesseer it was further discussed that the cost of appraising is expensive and is be- coming more expensive, and that the lease should protect the City from having to use all of its income from such leases to arrive at the value of the lease, which this re-draft did accomplishr the City Manager re- commended approval of the wording as recommended by the City Attorney to become part of the standard lease form. Clmn. Urbach - "I would move for adoption of the wording of the Lease Agreement as recommended by the City Manaqer and City Attorney". Seconded by Clron. Leirer. Vote - unanimous ~ Item 7.6 - Resolution No. 646 reqardinq census for Borouqh Assembly Member- I I I REGULAR MEETING JULY 17 - 24, 1967 VOL 13 7 ;) ship - (moved from Borough Reports for conformance to Administrative Code) the Borough Assemblymen advised that Seward representation on the Assembly was being reduced to one member, apparently based on population figures developed by Alaska State Housing Authority and published by the Economic Development Committee. The figures were questioned in view of recent estimations for EDA applications and League of Alaskan Cities Membership fees, which had used utility customers as a basis, and which showed that Seward was entitled to two members of the Assembly. Resolu- tion No. 646 was drafted and read in full as follows: RESOLUTION NO. 646 THE CITY COUNCIL OF THE CITY OF SEWARD HEREBY NOTIFIES THE Kenai Penin- sula Borough Assembly that before action is taken on deleting one Assembly Member from Seward that the Borough must stand the expense of and conduct a census of the City. The latest census shows Seward as being qualified for two seats on the Assembly and therefore the Council believes that this status should remain until a qualified census has been completed and total population certified by the U. S. Department of Commerce. This Resolution shall be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska, on this 24th day of July, 1967. Clmn. Leirer - "I will move for approval of Resolution No. 646". Seconded by Clmn. Smith. Vote - Unanimous yes. Item 7.7 - Review Ron Fox's plans for building in harbor under Lease Application and requested time extension - (from item 5.2 to conform to Administrative Code.) Mr. Ron Fox advised he had presented the plans for building in Marina Subdivision to the Council on July 10th, had discused it with the City Manager, and the plans were then reviewed for the Council by Mr. Fox. In reply to Vice-Mayor's Skinner's question as to the status of the item, the Manager referred to his request for study session to determine some policy and criteria such as the applicant showing evidence of financial ability before the intent to lease proceeds into firm status, and so forth. Mr. Fox objected strongly to such a requirement but in discussion the Council decided it did not favor holding land under a ten- tative agreement for long periods of time while financing was sought based on the tentative lease. The whole matter of the offered lease being unsigned, deadlines and rental periods, requirements of the Council, changed lease rental conditions, financial backing lost, etc, was discussed. Mr. Fox advised that in his opinion the City was getting hard to do business with and Mayor Skinner advised Mr. Fox that he thought the City had shown good faith and coopera- tive attitude in granting the liquor license over the maximum allowed for the City, in permitting use of a temporary building when a permanent building was supposed to be built before this, and advised he was concernec about the generally indefinate status of Mr. Fox's overall planning for any permanent building program. The Manager suggested that a three month extension for the temporary building and without lease agreement might be granted to give Mr. Fox time to produce evidence of financial ability to complete and operate the project with conditions of the extension to be dependent on the results of ~ counci~ stu~. ,eMr. ,FOX objected to th7 fi~ancial ability requirement saY1ng he d1d no~~inanc1ng then after loos1ng 1t because of the first proposed rent re-evaluation wording, though he had no objection to the wording as approved containing a ratio maximum; to Council's question as to when evidence of financial ability could be submitted, Mr. Fox advis- ed he did not know. The City Clerk briefly reviewed that the previous Councils had established the usual deadlines for filing plans and specifi- cations, commencing construction and completing construction as required by the standard lease and that Mr. Fox had been informed that the purpose of these deadlines was to assure the City that the project would be com- pleted and operated on schedule. In further discussion it was decided to approve rental of the land for a temporary cafe building for three months beyond the date covered by rent paid at the time of the request .F'r C" &0 VOL 13 REGULAR MEETING JULY 17 -24, 1967 to lease (rent paid on August 4, 1966)1 said extension to be at the rate of 3i per foot per year. Item 8 - Reports from the Borouqh Assemblvmen - (1) Clmn. Smith called attention to the "box holder publicity" on recent Assembly action and advised that he did favor the new planning department as he thought expert advice in planning and particularly for highway and connecting road system was needed1 (2) that the Assembly would meet the following day in the Kenai High School to receive plans for the Kenai and Soldotna Additions and suggested local people attend, noting that the estimated cost for these additions had started out at $260,000, then became $420,000 and are now estimated to cost $660,000 including the five port- able classrooms which were originally priced at $19,000 each by the school Board and have now been estimated to cost $24,000 by the archi- tect with no discernable change in the plans, and that he expected to comment on this1 (3) that Kenai's Mayor takes the position at Assembly Meetings that the City of Kenai is supporting all of the rest of the Borough and that he himself objected to the attitude that the City of Kenai ownes the natural resources of the area surrounding the City of Kenai 1 (4) that the Assemblymen had tried to have included in Borough Ordinance No. 31 that cities would have first choice of any foreclosed land, but did not win this point, but did forestall rapid foreclosure immediately after delinquency by requiring the foreclosure roll after the first of each year to cover taxes which had been delinquent for one full year. Repeated admonissions given at other Council Meetings that the Borough Land Selection Ordinance as relates to ci tie.s needs to be changed to give the citUs the degree of control over the land in the city which is necessary. Item 9 - Reports from the City Manaqer - (1) That the Contractor's barge with the Harbor Phase II construction materials will arrive Friday having been delayed by their stop in Valdez1 (2) the Marine Travel Lift is on site, not yet assembled1 (3) have leased a Dodge automobilefor the Police at the rate of $125. per month for two years and the old police car will be used as a second police car1 (4) the previous second police car will be used as a dog catcher's vehicle until it collapses. (5) IBEW Union negotiation was started last week and due to loss of re- venue and high cost of power from CEA, there will be no decision until August 1, when this subject will be taken up again. (6) Hewitt V. Lounsbury and Associates awill get plans for the Seward Highway - Airport Road Intersection pursuant to recent correspondence from the Department of Highways as read under communications above, and will commence final work on the proposed industrial subdivision at the north of the harbor area. (7) Will write to the Department of Highways regarding the City's pro- posed Industrial Subdivision and the effect on it of the State's planning for this intersection, and to request the state to clear this area in locating the road. (8) Have advertised for bids to purchase the City's surplus equipment and the old Army Rec Center buildings1 that there seem to be considerable in- terest, and he hoped to realize revenue to build a fence around the equip- ment storage yard1 further that unless the Oliver tractor brings a siz- able amount of revenue that he would withdraw it from the offer and buy a mower attachment to cut grass and brush around intersections to re- move some of the traffic hazards. (9) That he had conferred with Mr. Evans of Westward Timber and that they expected to know soon whether they could proceed immediately with the entire project1 that they want to install the cant mill at the pre- sent time but prefer to build the whole mill immediately, and that he had requested to be kept informed. (10) That he had attended the July 19 public hearing reqarding the proposed public utilities bill, which was very well atten~ed.and thatafter ~ great deal of discussion on the present bill, the comm1SS1on members dec1ded to I I I REGULAR MEETING JULY 17 - 24, 1967 VOL 13 "'" .., 4. adjourn and reword the entire bill with distribution for future hearings, as those appearing before the Hearing Board had protested each section of the bill claiming the bill was incompatible with existing regulations involving bonding and so forth. The Manager discussed some of these items in detail, especially the difficulties involved in attempting to group all types of public utilities under one such regula tory bill. (11) That the state's contractor for construction of additional inner- harbor facilities will be working in the area west of the south breakwater by right, and will be working in the area upland of the grid by City Use Permit: that the boats which had exceeded their winter shore storage permits will have to be moved, including the airplane which has been stored there, and that this might not all be well received but that the equipment had to be moved. (12) Alaska Marine Equipment Co. Inc., and William F. Hall have each re- quested lease of land in the Small Boat Harbor area, and the City has given its tentative approval: that there had been no further action and the Manager suggested that each be notified that plans and specifications must be filed by a certain date or the offer would be null and void: Council approval granted. (13) The Manager requested a date for study session to take up the pro- posed harbor ordinance after it has been studied by the Harbor Commission, and to take up the proposed Industrial Subdivision Devlopment study for a solutions of the problems related to the location of the roads, set for July 31. (14) That sometime the previous fall the City had entered into an agree- ment with Councilman Lantz for the property across the alley from the City-State Building and to date no papers have been signed, that he was bringing this up for the Council's information. Clmn. Urbach requested copies of all of the papers be drawn together for the Council as some members were not serving at that time. Item 10 - Council Discussion - (1) Clmn. Leirer inquired regarding the status of the Resurrection River Road and the Manager advised there had been no information since last May when the State wrote that they were sympathetic and were working on it: that he would follow up immediately: Mrs. Dunham advised there was $1100. in hand for this project which must be used before October 1, 1967. (2) Clmn. Leirer advised it was his impression that the shoulders of the rebuilt highway to Mile 5 would be constructed with oil and chip whereas the job seems to be closing without such construction, and the City Mana- ger advised he would request such: (3) Clmn. Urbach advised he had been assured that an exploratory W~l would be drilled this year OD Middleton Island and that there would/aboUt one year of exploratory work:(4)'Clmn. Leirer reported on the status of a possible dry-dock project: (5) Procla- mation for Aug~st 3 1967, Coast Guard Day, was requested: (6) all sorts of stuff, including boats in harbor area being dumped on City property, and agreed to bring this to a halt. Clmn. Urbach moved for adjournment and Vice Mayor Skinner declared the meeting adjourned at 10:10 p.m. ~'&<'<"~ '?~d~~~- Beatrice E. Watts City Clerk-Treasurer ~ tl-~~t~vv{ ~ ~R.W.KlrkpatrJ.ck c1lYrnr<Ma;aJr Mayor REGULAR MEETING AUGUST 7, 1967 The regular meeting of the Seward City Council was called to order at 7:40 p.m. on August 7, 1967 by Mayor R. W. KirkpatriCk. The opening ceremony which was The Pledge of Allegiance To The Flag, was led by Clmn. Herman E. Leirer. Roll was called and those present were Mayor R. W. Kirkpatrick: Councilmen Herman E. Leirer, Tom P. Smith, Lawrence Urbach and E. G. Skinner. Clmn. W. J. Lantz and Maynard P. Willburn were absent. r~' b VOL 13 REGULAR MEETING AUGUST 7, 1967 Item 4 - Minutes - (1) Item 7(h) of the June 6, 1966 minutes which had been tabled pending preparation of the sister city resolution between Obihiro, Japan and Seward were reviewed by the City Clerk as a statement that as the resolution was not yet written that the minutes of the June 6, 1966 meeting were closed without it so that a resolution of current date would be the one to be presented to Obihiro, Japan rather than one which would be over a year old. Mayor Kirkpatrick suggested the resolu- tion be written under a current number and date. Clmn. Skinner - "I so move that Resolution No. 532 be voided or cancelled and a new number be assigned thereto". Seconded by Clmn. Urbach. Vote - Unanimous yes. (2) The Council having previously received copies of the minutes of Item 7(h) of the June 6, 1966 meeting and pages 391, a part of the Special Meeting October 31, 1966, the Regular Meetings of November 7 and 21, December 5, Specials December 8, 12, 14, Regular December 19 and partial January 4, 1967, through page 422 had been previously been present- ed to the Council and there were no corrections. Clron. Urbach - "I move we approve the listed minutes." Seconded by Clmn. Leirer. Vote - Unani- mous yes. Item 5 - Citizens' Discussion and Public Hearings - (1) Mr. Andy Endresen reqarding lease in harbor area - the City Manager explained that Mr. Endresen was present to discuss with the Council the fact that in leasing lot 8 in block 3 of the proposed Industrial Subdivision, as previously approved by the Council, that examination of the utility easements and railroad and highway easements infringing upon this lot brought to light the fact that there just was not enough land there for Mr. Endresen's needs. Mr. Endresen advised that he was entirely unaware of these prob- lems and while first discouraged and inclined to give up the project, had then learned that there was another parcel of land nearby which would be just as good for his operation, or perhaps even better, and that he did want to install the planned operation in the harbor, and in as much as a delay of unknown proportion was involved in leasing the City's land, that he thought the best solution was to cancel negotiations between the City and himself and to locate on the privately owned land to the north. The City Manager advised that he and Mr. Leirer had discussed this with the highway department in Anchorage and had been advised that highway' plans and design were not sufficiently well completed to be able to tell them where the road would be locatedr advised the Council that unless the highway is moved and the easements released that there was not suffi- cient land in that area to serve Mr. Endresen's operation. Clmn. Skinner advised that he was in favor of releasing Mr. Endresen from his offer to lease but that he was concerned about such information com- ing to light after the dredging and other improvements were committed and Mayor Kirkpatrick questioned this also. Clron. smith advised the error lay in not proceeding with the Industrial Subdivision Study to the point of surveying and staking the land as the Engineers were aware of these easements, having drawn them onto the preliminary proposals. Clmn. Leirer concurred that the engineers were aware of the easements as he had given them the data on the Airport Road easement which he had granted from his property. Mayor Kirkpatrick suggested that with proper explana- tion it might be possible to get the easement lifted in view of the pre- sent city development. The Manager noted that the Highway Department representatives would be in Seward with plans the next week and possibly in view of the City's development and EDA's program this might be con- sidered, and the Manager was requested to present the City's case again. Clmn. Urbach - "I would move that we reverse Resolution No. 644 and re- lease Andrew (Andy) Endresen and Emily Mary Endresen from their Lease Agreement with the City for Lot 8 in Block 3 of the Industrial Subdivision. Seconded by Clmn. Skinner. Clmn. Leirer said he would wish to be ex- cused from voting on this issue due to conflict of interest, and there being no objection, the Mayor so ordered. Vote - Unanimous yes with Clron. Leirer abstaining. Item 6 - Communications - (1) Written report from the City Clerk-Treas- urer I I I REGULAR MEETING AUGUST 7, 1967 VOL 13 7~ to the Council and City Manager dated August 5, 1967 pertaining to the Mining Agreement between the City of Seward and Gateway Development Inc. and failure of the corporation to meet the first deadline, was noted for the record. (2) Letter from the Division of Marine Transportation, Department of Publi Works, State of Alaska, regarding facilities for the MV TUSTEMENA, com- plaints concerning same and the State's appreciation of the facilities and the City's cooperation was read: (3) July 16 letter from the Kenai Peninsula Borough advising that the foreclosure date for real property tax had been set for September 1, 1967 and requesting the City's list if it wished to join in the Borough action: (4) Mr. Russel Anderson, Assistant Business Manager of the International Brotherhood of Electrical Workers Union and the City Manager reported that subsequent to letters and phone calls the time of next discussion in these negotiations would be 9:00 a.m. August 16, 1967. Item 7 - Ordinances, Resolutions and other action items - (1) Resolution No. 610 was read in full as follows: RESOLUTION NO. 610 BE IT RESOLVED that: (1) the City Clerk-Treasurer be and is hereby in- structed to make up a list in duplicate in accordance with Section 7.111 of the Seward General Code of Ordinances and AS 29.10.459 of all real property subject to foreclosure for reason of: (A) Unpaid delinquent real property taxes which were assessed and levied by The City of Seward for the tax years 1959-60 to 1963-64 inclusive: and (B) Unpaid delinquent personal property taxes, exclusive of those pre- viously declared uncollectible by the Seward City Council, which were assessed and levied by The City of Seward for the tax years 1960-61 to 1963-64 inclusive: and (C) Unpaid delinquent installments to and including No. 19 of 40 for local improvement special assessment for sanitary sewer assessed and levied by The City of Seward in 1954: and (D) Unpaid liens for cost of abating nuisances, hazards, etc. as providsd by Section 2.105 of the Code of Ordinances and the aforestated autho~~ties (2) said Foreclosure Lists shall be known as The City of Seward 1967 Property Tax, Special Assessments and Abatement Liens Foreclosure Roll: and (3) the City Clerk-Treasurer shall deliver said real and personal property tax list to the Kenai peninsula Borough for collection as provided by Kenai peninsula Borough Ordinance No. 31: and ' (4) The City Attorney and City Clerk-Treasurer are hereby instructed to take all actions required by Chapter 7 of the Seward Code of,General Ordi- nances and Section 29.10.456 to and including 29.10.540 of the Alaska Statutes to accomplish forecolsure of the above described special assess- ments and abatement liens and to secure conveyance of the properties fore- closed against to The City of Seward: and (5) the publication of notice that said special assessments and abatement liens foreclosure list is complete and open for public inspection and the publication of said foreclosure list thirty days thereafter shall be made in The Seward Phoenix Log: and (6) December 7, 1964 order by the City Council to prepare 1964 Foreclosure List be and is hereby repealed. This Resolution shall be effective the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska, this 7th day of August, 1967. Mayor Kirkpatrick noted that this was in conjunction with the item 6(3) and the Resolution was briefly discussed. Clmn. Lierer - "I move that we pass Resolution No. 610". Seconded by Clmn. Skinner. Vote - Unanimous ~ Item 7(2) - The City Manager presented the application of the Seward Concert Association for permit for Authorized Games of Chance and Skill i~clud~ng a,description of activity planned and use of the proceeds along w~th f~nanc~al statement from the 1963 permit. Clmn. Urbach - "I would move that we approve.the application of The Seward Concert Association." 80 VOL 13 REGULAR MEETING AUGUST 7, 1967 Seconded by Clmn. Smith. Vote - Unanimous yes. Mayor Kirkpatrick declared a recess at 8:15 p.m. and reconvened the meet- ing with the same members present as were present before the recess. Item 7(3) - Review status of sale of Lots 2l,and 22, ~lock 16, O.T. and instructions to staff - the City Manager advised that this was in connec- tion with the two lots and building across the alley from the City-State Building and at the corner of Fourth and Adams which Mr. Lantz and his wife purchased from the City but for which no deed or deed of trust has been signed: that yesterday Mr. Lantz had reviewed the deed with him con- cerning such things as his understanding that in case of default the City might claim property of others in his shop for repair as being part of his inventory, and had requested that this item be tabled until he could be present to discuss it. The Council noted this had been going on for a very long time, having been awarded on August 1, 1966 and the bid given on June 16, 1966. Mayor Kirkpatrick advised he would not be against tab- ling providing there was a definite date set for decision, as Mr. Lantz had occupancy without deed or fee which had to be corrected. Clron. Urbach noted that usually anything not signed within 30 days is null and void. Mr. Lantz' concern to protect his customer's property from seizure by the City was discussed with question as to whether the deed of trust did open such possibility or whether the concern was for property of customers which might not be so identified. The conditions of a possible tabling were discussed. Mr. Rupert Kulin requested information on the subject advising that he had a copy of Resolution No. 549 awarding the property but had not seen the deed of trust: that he noticed the terms were $3,600 per year plus 5% interest and asked if this sum was due at this time. Myr. Kirkpatrick advised this was part of the decision to be made. Mrs. Pat Williams, recalled that at the time the award was made, a complaint was registered, and she requested the Council to read the minutes of that meeting care- fully. Mayor Kirkpatrick advised the Council had the entire file. Clron. Skinner asked if the problems raised by Mr. Lantz could be solved by the next Council Meeting , in which case he would favor tabling until then. Clron. Urbach concurred providing failure to reach settlement was understood to require Mr. Lantz to vacate the property forthwith. The due date of payments was discussed with advice from the Manager that the date of the deed would normally be the payment anniversary date. Mayor Kirkpatrick asked if, since the Council was in agreement with the Deed of Trust as presented, if there were changes, would the Council want to see it again before the meeting and this question was undecided. Clron. Leirer - "I would like to move that the sale of Lots 21 and 22, Block 16, Original Townsite to William and Donna Lantz be tabled until the next meeting for definite action and that the Deed of Trust be signed within 30 days of this date, and that thereafter we will take possession if not signed." Seconded by Clmn. Skinner. Clron. Urbach - "I would like to have an amendment that the effective dateof payment start as of the date electricity was turned on in the building and not the date he signs this deed." Clmn. Leirer - "I would concur in that. " Clmn. Urbach explained the reason for this date being that he understood this was a complicated matter, and as Mr. Lantz could not have had occupancy of the building until the electricity was on, that this seemed a reasonable and fair date. Clmn. Skinner protested the amendment as a burden to Mr. Lantz until the date electricity was turned on was identified as December 10, 1966, which he agreed to. Clmn. Leirer reviewed that by his motion as amended, the first payment would be due on December 10, 1967 and each year thereafter. Vote of Clron. Leirer's motion - Unanimous Yes. Item 7(4) - The City Manager advised that he had not yet received the information he had asked for from the Aviation Department in connection with Resolution No. 639 which would approve the contract with the Federal Aviation Administration for an Airport Information Desk at the Airport, and had written again that day requesting the information. Clron. smith - "I move we table Resolution No. 639 until the next regular meeting." Seconded bv Clron. Urbach. Vote - unanimous Yes. I I I REGULAR MEETING AUGUST 7, 1967 VOL 13 ~J Item 7(5) - Surplus Buildinqs and Equipment Sale - The Manager advised that a sale of the buildings and junk as contained in the monthly report had been conducted and that there had been a fairly good response as the Council could see from that report. Mayor Kirkpatrick declared recess and reconvened the meeting with the same members present as were present before the recess. Item 7(6) Resolution No. 651 was read in full as follows: RESOLUTION NO. 651 BE IT RESOLVED that Tax Deed conveying Lots 26 and 27 in Block 35 of the Original Townsite of The City of Seward, Alaska, to The City of Seward, Alaska as the result of foreclosure action against said property for taxes assessed and levied against said property for the tax year 1930 which were unpaid and therefore the cause of foreclosure action culminated by Order of Sale made and entered on the 1st day of July 1931 by the District Court of the Territory of Alaska, Third Division, to be held on the 12th day of November 1931, at which sale said lots were purchased by The City of Seward and have been carried on the tax rolls of The City of Seward in the name of The City of Seward from that time until the present, be and is hereby approved and the City Manager and City Clerk-Treasurer are hereby instructed to execute said Tax Deed. This Resolution shall be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska, this 7th day of August, 1967. Clmn. Smith asked where these lots were located and the City Clerk ad- vised they were just barely within the Urban Renewal Project and near the old Army Rec Center buildings: to question regarding the present proced- ure, advised that the City was required to clear the title so that the lots could be sold in the Urban Renewal Redevelopment Program. Clmn. Smith - "I move for adoption of Resolution No. 651." Seconded by Clmn. Skinner. Vote - Unanimous Yes. Item 7(7) - Mayor Kirkpatrick noted that the Council had previously re- ceived the 1966 Audit Report of the Seward Branch, General Telephone Co.: and Resolution No. 647 was then read in full as follows: RESOLUTION NO. 647 BE IT RESOLVED that the rate of return earned by the Seward Branch of General Telephone Company of Alaska, successors of Alaska Telephone Cor- poration, for the year 1966, as defined in Section 10.402 of Ordinance No. 326, and computed by that formula from the 1966 certified audit report is 3.88% and is hereby determined to be a reasonable rate of return for the year 1966: and BE IT FURTHER RESOLVED that this determination is made by the City Council of The City of Seward, Alaska, as required by the aforementioned Ordinance, and further sayeth not. This Resolution shall be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska this 7th day of August, 1967. A note from the City Comptroller advising that he considered this to be a reasonable rate of return in view of the economic condition of the area was read: Mayor Kirkpatrick advised he had no question at all except possibly the rate of depreciation for the new truck and it was discussed that it was an acceptable rate for such. Clmn. Urbach - "I move for adoption of Resolution No. 647". Seconded by Clmn. Leirer. Vote- Unanimous yes. Item 7(8) - Mayor KirkpatriCk said he would like permission to refrain from the discussion and voting on this issue due to his employment by the Alaska Railroad and requested Vice-Mayor Skinner to assume the chair. This was agreed to and accomplished. The City Manager explained that on June 5, 1967 a Resolution had been ~." t,{ VOL 13 REGULAR MEETING AUGUST 7, 1967 ?resented to the Council and approved adopting a new monthly water rate for the new Alaska Railroad facility, and it was thought to be a good rate but upon examination and discussion with the railroad's Mr. George Carrick, such changes in the use as discontinuance of watering vessels, had been revealed and he was therefoJe requesting the following amend- rnent, which the city Manager recommended be adopted. The Resoltion No. 648 was then read in full as follows: RESOLUTION NO. 648 BE IT RESOLVED that Resolution No. 635 passed and approved by the City Council on the 5th day of June, 1967 be and is hereby repealed; and BE IT FURTHER RESOLVED that the monthly water rate for service to the Alaska Railroad be and is hereby established in the amount of One Hundred Fifty-six and 75/100 ($156.75) Dollars per month flat rate based on the following units: Transient Building as of June 30, 1966 $100.00 per month Engine House as of November 30, 1966 50.00 per month Resident 6.75 per month and that said rate shall be increased for any additional service. This Resolution shall be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska this 7th day of August, 1967. It was noted that the water rate as established on June 5, 1967 had been a total of $206.75 compared with the present recommendation at $156.75. Clmn. Urbach asked why the engine house rate was recommended to be lowered and the City Manager explained that the diesel engines now used do not use water in the same quantity as the old engines. Clmn. Leirer - "I move for approval of Resolution No. 648". Seconded by Clmn. Urbach. Vote - Unanimous yes with Mayor Kirkpatrick abstaining. Vice-Mayor Skinner turned the chair back to Mayor Kirkpatrick. Item 7.9 - Resolution No. 649 Authorizing Revised Marine Dealer Agree- ment and Marine Facilities Lease with Standard Oil Company of California - the City Manager advised this was the same type agreement which had been signed by the City and Standard Oil about one year earlier with a differ- ent price, and thought it was the intent of the lease agreement at that time to get the marine gas facility into operation for Salmon Derby and that it was not a final lease; that the final lease is the one presently before the Council and under which the marine facility would cost a total of $13,950.06 with payments to commence on June 1, 1967. Clmn. Leirer asked if this complete facility had to be moved to the new fac- ility at a later date and City Manager advised this was true: that the City had moved the airplane float from its assigned location to the east side of the City dock to use for a marine fuel float: that the State has let a contract to build a new fuel float on the south break- water and the airplane float will be returned to its original location. Clmn. Leirer asked who would pay for moving the float and the City Manager advised that the City would have to pay for this. Clmn. Leirer asked about the plans and specifications per Alaska Seaplane Float cited in the City's August 1, 1966 resolution approving the Standard Oil Marine Fuel facility and asked if this had been built. Mayor Kirkpatrick ex- plained that those specifications had been established as criteria even though the float was already built and Standard Oil was to add the marine fuel facility to it; that the City had assumed that the float was for its use. The City Manager presented the plans and specifications of the marine fuel float which was to be built by the State on the south breakwater and these were examined by the Council and clarified that the present airplane float would not be a part of that facility but would be again used as an airplane float. Clmn. Leirer asked if there was sufficient space for the larger boats to tie along side the planned facility and the Manager thought there was sufficient space and depth to handle both gas and diesel sales. Clmn. Smith advised he understood the diesel fuel facility had been constructed in a permanent way and that he thought it I I I REGULAR MEETING AUGUST 7, 1967 VOL 13 ~~1 would be better to fuel the fishing boats and other larger commercial boats at the present diesel facility rather than on the south breakwater. Clmn. Urbach concurred and the City Manager advised he would look into this. Clmn. smith suggested thought be given to installing pumps below the level of the dock, as he had seen these used very successfully on the City's old San Juan dock. Clmn. Skinner advised that the bulk of the City's fuel sales were to pleasure craft as most diesel sales were from tank trucks over the dock, and to question advised that this was probably due to price and the convenience of receiving fuel while the boat is delivering fish and taking ice: that he did not think it was financially wise to leave the present diesel facility where it is and start over again' with two facilities because of the investment. The City Man~ger advised he would undertake some study toward improving the City's position in this regard. Mr. Andy Endresen advised that in his op~n~on it would be a very chancy thing to service any commercial boat at the new location and doubted that any commercial boat would come into that location, that it was needed in its present location. The status of the temporary agreement for delivering marine fuel by tank truck over the City dock, including Texaco's temporary marine fuel float was reviewed, and the fact that these had been permitted to contin- ue while the City made permanent plans for the use of harbor space sub- sequent to approval of the EDA project. Resolution No. 649 was read in full and the City Clerk-Treasurer explained that it was apparent that the first "WHEREAS" should not be included in the resolution, nor should the exception regarding construction, as she had written the resolution under the opinion that it was to cover the cost of moving and improving the present facilities. The City Manager recommended that the resolution be tabled until the next meeting to pro- vide time to correct it to actual conditions. Clmn. Urbach - "I move that Resolution No. 649 be tabled until the next regular meeting for re- drafting." Seconded by Clmn. Smith. Vote - Unanimous - Yes. Item 7.10 - Resolution No. 650 Declaring Certain Utility, Miscellaneous and Personal Property Tax Receivables Uncollectible for Accounting Pur- poses was read in full as follows: RESOLUTION NO. 650 BE IT RESOLVED that the City Manager and the City Clerk-Treasurer are hereby instructed to charge off as uncollectible the accounts on the following list in the total sum of Nine Thousand Six Hundred Six and 20/100 ($9,606.20) Dollars and that the same shall be stricken from the accounts receivable of The City of Seward: and That the City Manager and the City Clerk-Treasurer are further instruct- ed that should any of these accounts be paid, then such paid accounts shall be revived in the manner set out in applicable manuals prepared by the Municipal Accounting Association, Federal Power Commission, Federal Utilities Commission, except those personal property tax accounts, utility or miscellaneous receivable accounts upon which non-appealed judgment has been entered by the Alaska Court System as uncollectible by the City of Seward, which accounts shall be written off forever. ELECTRIC WATER TAX TOTAL $ $ 3.51 1. 78 .42 20.09 15.42 .25 13.82 1. 33 .41 9.85 .36 12.94 2.00 106.78 3.51 5.58 Alfred T. Cabana Lee J. Carman Stanley Clark Pete Du Beau Jean Howell Einer Johnson Dale L. Lanning Kathryn D. Moon Marvin Noffke Don Penner Merritt E. Richards $ 3.51 1. 78 19.67 15.42 13.57 1.33 6.04 8.84 90.60 3.51 5.58 $ 3.40 3.74 14.18 S4 VOL 13 REGULAR MEETING AUGUST 7, 1967 ELECTRIC WATER TAX TOTAL Robert Sanders $ 46.91 $ $ $ 46.91 Rodney Stevens 96.68 1.44 98.12 Wendall R. Thorne 35.30 4.42 .77 40.49 Louise Topkoh Todd 9.24 3.74 .51 13.49 TOTALS $357.98 $29.48 $6.16 $393.62 PERSONAL PROPERTY & LEASEHOLD INTEREST TAXES Lee Bainter: 1963-64, $15.00: Eugene Breitenbach: 1961-62, $17.11, 1962-63, $48.92, 1963-64, $46.52: Richard Breitenbach; 1962-63, $12.30: Alfred & Else Brossow: 1960-61, $7.41, 1961-62, $96.30, 1962-63, $40.70, 1963-64, $32.20: Melvin E. Burgan; 1958-59, $72.15: Norris Carruth: 1956-57, $13.00, 1957-58, $10.40:, Oscar Chappel: 1957-58, $5.20: Terry & Loretta Cobban: 1962-63, $.76: Catherine Curtis: ~962-63, $4.00, 1963-64, $2.00: Douglas & Jean Davis: 1963-64, $35.00: Else Disney, 1960-61, $11.40: Tom Dooley; 1963-64, $15.00: J. R. Dumphy: 1963-64, $4.00: Howard Elliott: 1963-64, $15.00: May Elliott: 1962-63, $43.30: Lois Erickson: 1960-61, $16.00, 1961-62, $11.00: Marie Fordahn: 1962- 63, $4.00: George Freeman: 1960-61, $3.00: Lil1e Freeman: 1954-55, $91.00, 1955-56, $71.50, 1956-57, $71.50, 1957-58, $75.27, 1958-59, $69.03, 1959-60, $37.80, 1960-61, $18.40, 1961-62, $11.20, 1962-63, $8.00: Ralph Russell Freidly: 1962-63, $5.30: Fred Galloway: 1958-59, $20.80: George Greenwood: 1963-64, $2.00: Ralph & Daisy Grosvo1d; 1961-62, $78.00, 1962-63, $43.60, 1963-64, $38.50: Robert Hammer: 1961- 62, $15.00: Patrick & M. Hodgkinson: 1961-62, $18.35, 1962-63, $31.90, 1963-64, $67.80: Bernard Hollenbeck, Jr: 1956-57, $20.80: Low Culbert- son Hauch: 1963-64, $.48: Lauren Johnson: 1957-58, $23.27: Anthony Jurasek: 1962-63, $.44; Gerald Kimery: 1963-64, $2.00: Fred King: 1963-64, $3.00; R. Eugene King: 1963-64, $1.42: Kenneth Kinsey: 1961- 62; $1.00: Bob Koefer: 1963-64, $12.00: J. R. & Charine Keefer: 1963- 64, $19.50; Roland Lare: 1962-63, $.50: J. Legland: 1963-64, $4.00: Thomas & Evelyn Loseser: 1959-60, $29.78, 1960-61, $13.40, 1961-62, $15.60, 1962-63, $8.20: J. R. Nichols: 1963-64, $.06: Alfred Norley: 1963-64, $.48: Ray Pinder: 1960-61, $31.50: Seward Fish & Cold Storage: 1962-63, $3,827.52, 1963-64, $3,818.64; Kenneth & Geraldine Shire: 1960-61, $2.00: Winifred & W. S. Stewart: 1961-62, $1.06: Gus Werner: 1961-62, $.91; Gus Serio: 1960-61, $4.40. Sub Totals: Personalty: 1954-55, $91.00, 1955-56, $71.50, 1956-67, $105.30, 1957-58, $114.14, 1958-59, $161.98, 1959-60, $67.58, 1960-61, $107.51, 1961-62, $265.53, 1962-63, $251.92, 1963-64, $319.96: total of $1,556.42. Leasehold Interest: 1962-63, $3,837.52, 1963-64, $3,818.64. Leasehold Totals: 1962-63, $4.089.44 and 1963-64, $4,138.60. Personalty Sub Total of $1,556.42 plus Leasehold Interest for 1962-63 and 1963-64 ($4,089.44 and $4,138.60)(makin~TOTAL AMOUNT $9,212.58 SUMMARY Utilities: Electric Water Sales Tax on above Total utilities $ 357.98 29.48 6.16 $ 393.62 Personal Property Taxes: 1954-55 1955-56 1956-57 1957-58 1958-59 1959-60 1960-61 1961-62 $ 91. 00 71.50 105.30 114. 14 161. 98 67.58 107.51 265.53 I I I REGULAR MEETING AUGUST 7, 1967 VOL 13 8~) ( continued) $4,089.44 4,138.60 Personal Property Taxes 1962-63 1963-64 Total Personal Property Taxes $9,212.58 TOTAL $9,606.20 This Resolution to be in full force and effect immediately upon passage and approval. Passed and approved by the Common Council of The City of Seward, Alaska this 7th day of August, 1967. ~heCity Manager noted that the Council had a list of the items showing the amounts and he reviewed the items, calling particular attention to ~he fact that Seward Fish and Cold Storage had declared bankruptcy which had been settled with no'assets and therefore those leasehold interest. tax bills for 1962-63 and 1963-64 in the sum of $8,228.04 were included in the list. The City Council gave information on the whereabouts of some of the persons on the list and the collection procedures were re- viewed with instructions to place this type account with a collection agency. Clmn. Skinner - "I would so move for the adoption of Resolution No. 650". Seconded by Clmn. Leirer. Vote - Unanimous yes Item 7.11 - Resolution No. 652 Naminq Second Borouqh Assemblyman to Replace Clmn. Lantz - Clmn. Smith reported that the Borough Assembly officials had advised him that as Clmn. Lantz had missed three meetings within 90 days that his seat on the Assembly was vacant. The Council discussed how it should proceed in this and desiring full representation on the assembly, ordered this item added to the agenda. The City Clerk was instructed to prepare a Resolution to cover this situation and the following action. Clmn. Urbach - "I would move that under Resolution No. 652 that the Vice-Mayor be named as Borouqh Assemblyman replacinq Clmn. Lantz". Seconded by Clmn. Smith. Vote - Clmn. Leirer, yes: Clmn. Smith, yes: Clmn. Urbach, yes: Clmn. Skinner, no: Mayor Kirkpat- rick, yes. Motion passed. RESOLUTION NO. 652 BE IT RESOLVED that E. G. Skinner, Councilman of The City of Seward, Alaska, be and is hereby named to represent The City of Seward on the Kenai peninsula Borough Assembly upon the resignation of Councilman W. J. Lantz due to his present inability to attend meetings of the Borough Assembly. This Resolution to be effective immediately upon passage and approval. Passed and approved by theSeward City Council this 7th day of August, 1967. Item 8 - Reports from theBorough Assemblyman - (1) Clmn. Smith reported that the Borough Assembly had approved plans for the school remodeling program and briefly described construction and cost, commenting that the Kenai multi-purpose room which started as a place for people to eat lunches ended up as a gynmasium: (2) that he had presented the City's Resolution No. 646 Notifying the Borough The City Required a Census Certified by the U. S. Department of Commerce before any deletion of se- cond Borough Assemblyman and that this had been accepted: that he had also presented the electrical and telephone connections in support of the City's claim. (3) The City of Kenai appealed for two seats on the assembly showing electric connections numbering 1 more than Seward has as reason for their appeal: and Homer also requested 2 seats: that the assembly was given such information as: that ASHA had conducted a house to house count in connection with the Comprehensive Plans and estimated Seward population at 1500 and Kenai population at 1600: that apparently the Overall Economic Development Plan for the Borough states Seward population at 1400: though the City of Seward has formally estab- ~d established population at 2800 in its recent applications to the Economic Development Administration for grants or loans. \of' l" I:JO VOL 13 REGULAR MEETING AUGUST 7, 1967 8 - (4) That the school construction bond issue will go on the ballot for $10,000,000 and the Borough Administration Building construction in Soldotna for $300,000. 8 - (5) The Assembly received a petition to form a Special Service Dist- rict for a hospital in the area north of Kenai, meeting will be held with the citizens of that area on August 29, that the area claims a tax base of $6,000,000, has more than once unsuccessfully planned to build a hospital, noted that the Soldotna 28 bed, full service hospital is within 28 days of completion, that he did not favor a second hospital in an area serving only 3,000 or 4,000 people. Clmn. Leirer concurred and recommended cooperation between the two areas and postponement of a second hospital until a clear need is shown, noting that most oil company employees from the drilling rigs are flown directly to Anchor- age hospitals. Clmn. Urbach concurred. Item 8 (6) - Clmn. Smith reviewed the status of ordinances before the Assembly in connection with: Mobil Home Parks, Agricultural Lands, Location of Borough Headquarters, Elections, Chairmen Compensation and Expenses and Aportionment of the Borough for Election of Assembly- men. 8 (7) - Reviewed the Borough Chairman's Report concerning the portable classrooms and that they would be in use by the beginning of the school termr reviewed the air polution conference, inspection of the new Wake- field Cannery in Seldovia, the Hope land sale a disappointment, indust- rial tax incentive exemption meeting on August 5th, advising that the Assembly has five applications for exemption before it and has objected with request to the State that it delete some of its portion, and re- questing the Council's advice in this matter. 8 (8) - That reconsideration of the 1967 tax levy was rejected: (9) that Jack Werner and Earl Simonds will represent the Borough with the District Economic Development Organization: (10) that the Assembly has no recent financial statements: (11) is still trying to develope personnel rules and regulations: (12) that the Homer water problem has not yet yielded to solution, that Hansen is the architect for the Seward School Build- ing which has a high priorityr (13) that the Borough needs the City's Foreclosure List: (14) that the Borough needs deeds to school property within the City limits: (15) that the Borough Chairman versus Borough Manager Proposition will be on the October ballot. Item 9 - Reports from the City Manaqer - (1) that the Council had before it a typewritten report which he would expect to present each monthr (2) that the City was chiefly occupied with preparations for the Salmon Derby, and in connection therewith distributed copies of recommendations for best use of the harbor and a welcome to the harbor, which he had prepared for distribution to all visitors in the harborr also that traffic speed and directional signs are going up in the harbor area: (3) that the International Longshoremans and Warehousemens Union. Local 60. desired a meeting with the City Council to discuss vessells tying up at the City Dock, and it was decided to have a study session, date to be set at the next regular meeting, and to then have a combined meeting sometime after the Salmon Derby. (4) Noted the proposed Harbor Ordinance had been given to the Council- men and requested that they enter into any requested changes in prepara- tion for study after he has met with the Port Commission: (5) requested the Council's wishes concerning a 24 hour parking ordinance and was re- quested to present suchr (6) that he would confer with Chugach Electric Association that week concerning the wholesale power purchase contract and CEA's explanation of increased costs for 1966 as being due to "Spinn- ing reserve" which is supposed to give us firm power, but that he wanted to know a lot more about thisr (7) in this same regard, Westward Timber Products has requested an industrial electric rate and until there is a firm lower rate from Chugach, very difficult to answer: that the State Highway Commissioner and District Engineer would be in Seward the follow- ing day, itinerary unannounced, and those Councilmen who could would I I I REGULAR MEETING AUGUST 7, 1967 REGULAR MEETING AUGUST 21, 1967 VOL 13 87 meet with them; (9) advised the Council that it could expect to receive a typed Monthly Report at the first meeting of each month, and would be soon organized so that the Council could receive a monthly financial statement at the second meeting; that the items on the written report would then appear on the next agenda. Item 10 - Council Discussion - (1) The(~fPortance of Lakes End Logging which is presently employing 21 people; concerning development of a large marine repair station in Seward and including work by Mr. Hal Drinkall; (3) information from Mr. Drinkall concerning foreign vessels using the Seward Port in connection with fisheries; (4) to Clmn. Smith's question, the City Manager explained that the additional harbor floats are not the same in number as planned as there were not sufficient funds. Clrnn. Urbach moved for adjournment. ing adjourned at 12:25 a.m. '-LL -4 ~/" ~, >z/~/--?h-- Beatrice E. Watts City Clerk-Treasurer Mayor Kirkpatrick declared the meet- Ii Ie ~-"t . W. Kirkpatrick Mayor REGULAR MEETING AUGUST 21, 1967 As Mayor Kirkpatrick and Vice Mayor Skinner had advised they could not be present until about 8:00 oclock p.m., the meeting was delayed until 8:10 p.m. when those present decided they should proceed. The regular meeting of August 21, 1967 was called to order at 8:10 p.m. by the City Clerk-Treasurer and nomination for Acting Mayor was requested. Clmn. Urbach - "I would nominate Clmn. Smith." Seconded by Clrnn. Leirer. All in favor. Roll was called and those present were: Acting Mayor Torn P. Smith, Clmn. W. J. Lantz, Herman E. Leirer and Lawrence Urbach. Mayor Kirkpatrick was absent and arrived at about 8:15 p.m. Clmn. Maynard Willburn and E. G. Skinner, were absent, Clmn. Skinner arrived at the close of Item 7.3. The City Manager was present. Item 4 - Minutes - Commencing partial page 442, Regular Meeting January 4 and 16, February 6 and Special Meeting February 16, 1967 closing Vol. 12 at page 430 and pages 1 - 11, Vol. 13. Acting Mayor Smith asked if all members had had opportunity to read the minutes and they had. Mayor Kirkpatrick arrived at this time and there were no corrections. Clmn. Leirer - "I move that the Minutes be approved page 442 to and including page 430 Vol. 12 and page 1 through page 11 Vol. 13. II Seconded by Clmn. Urbach. Vote - Unanimous Yes. Item 5 - Citizens Discussion and Public Hearings - (1) Commander Sperry, U.S. Coast Guard, advised that Admiral Scullion, Commander of the 17th U.S. Coast Guard District would visit Seward on the first of September and preliminary plans were made. Item 6 - Communications - (1) August 8, 1967 letter from Alaska Marine and Equipment Co. Inc. '. advising that the firm was still interested to lease land in the harbor area, in response to the City's demand for advice regarding intent. The City Manager advised the Council that he had sent a copy of the City's lease form, and to question, advised that apparently the owner is still interested as he had advised he would take the lease form to the financing company, and if the results were favor- able, would then corne to Seward for conference. 6(2) - Letter from the Commanding General, U.S. Army Alaska, naming Mayor Kirkpatrick to the U.S. Army Alaska Civilian Advisory Council, and a second letter acknowledging Mayor Kirkpatrick's acceptance of the appoint- ment and outlining the function of the group and its opening activities. 6(3) - Letter from the Seward Chamber of Commerce requesting the City to maintain the road to Lowell Point for the convenience of those persons who wish to use the camping facilities in that area. The City Manager advised that the Salmon Derby Committee has purchased road maintainence H8 VOL. 13 REGULAR MEETING AUGUST 21, 1967 service from the City, but that the City can not perform any maintain- ence service at City expense as it is a private road. Clmn. Lantz asked about the State's promise to maintain and pave Third Avenue ex- tended to the Ferry Dock facility, advising that the road is in terrible condition and wondered if the City should make this known to the local Highway Department Office. It was decided to discuss this under Council Discussion. 6(4) - Letter from Vice President Hubert H. Humphrey concerning the Vice President's visit to Seward on the Fourth of July and suggesting follow- up action for economic development through various Federal agencies. 6(5) - The annual report of the Seward Community Library with letter of transmittal offering to discuss or answer any questions and the Manager advised the Council he had no questions. As the report was large, the Manager requested the Council to call at City Hall to read it. 6(6) - Letter from the Forest Service District Ranger inviting the City officials to accompany an inspection and tour of the Forest Service Recreational Facilities and describing that program. Mayor Kirkpatrick advised he could not attend and the City Manager will attend. 6(7) - Letter from Senator Bob Palmer advising $8,000+ from State Highway Construction Funds approved for the Resurrection River Road. In addition to use of highway equipment with local operators and gravel donated by Senator Metcalf. Senator Palmer congratulated Seward for success in this cooperative program. 6(8) - From Governor Hickel in response to Seward's offer to be of assist- ance in Fairbanks Flood Control work, to the affect that the problems are under control and citing these specific needs which are anticipated to arise in the next week and later. Item 7 - Ordinances, Resolutions and Other Action Items - (1) Determine status of sale of lots 21 and 22 in block 16 of the Original Townsite from August 7, 1967 action and tabling. The City Manager briefly re- viewed purchase of the building by Mr. and Mrs. Lantz about one year prior and that it was discussed at the same time as the Hall Lease and the Alaska Marine and Equipment Lease when it was determined that the present Council should process all such to conclusion rather than to hand them to a new Council, and that he though Clmn. Lantz had something to say on this. Clmn. Lantz said that this was not in connect- ion with the sale of the building - that as the agenda stated it was in connection with the sale of the land only as the building was declared of no value, and that he thought the City Manager agreed with him on this, that there were some items in this matter which might prejudice the character of certain people and thought it should be taken up in Executive Session. Clmn. Urbach said he did not think he could agree with that~ that it was public business and whatever arrangements were made were public business and should be discussed publicly. Clmn. Smith asked if the responsibility for the incomplete transaction rest- ed with the City or with Clmn. Lantz and Mayor Kirkpatrick advised it was probably the responsibility of both parties. Clmn. Leirer said that unless Clmn. Lantz be more specific about the justification forlijJ an Executive Session, that he thought" it should be discussed I' 1 1r o ~ ..e~ in public~ that he could not see any reason for an Execu- \- tive Session as this appeared to be a lot of paper work which was not completed and that possible embarrassment over such was not sufficient reason. Mayor Kirkpatrick advised he was agreeable to either method of handling this~ that he did not like to hold an Executive Session unless it was absolutely necessary and read the subjects which by law made be discussed in an Executive Session~ (1) Matters, the immediate knowledge which would adversly effect the finances of the City, (2) subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion, (3) Matters which by law, Municipal Charter or Ordinances are required to be confidential. Mayor Kirkpatrick asked if Clmn. Lantz was asking for an Executive Session for one of these reasons or because he thought it was the best way to handle it. Clmn. Lantz said he thought it would be better for both parties as there had been a degree of laxness on both I I I REGULAR MEETING AUGUST 21, 1967 VOL 13 ~~ sides, and the discussion might result in "washing linen in public" un- necessarily. Mayor Kirkpatrick asked the City Manager for his recommen- dation and the Manager said that he had sent Clmn. Lantz a copy of the minutes from the previous meeting and that this was one of a number of similar items which needed to be completed before the next election, and he had no recommendation concerning whether or not it be handled in Executive Session: that he desired only to have the matter settled with an instrument which was satisfactory to the Lanz's and to the City: that perhaps an Executive Session would be the way though it was public business. The City Manager then reviewed the transaction through the Advertisement for Bids for Removal or Demolition of the Building for which no bids were received and then the Advertisement for Sale of the Land and the Building for which no bids were received, the sale of the property to Mr. and Mrs. Lantz on an offer received at that time, the Deed of Trust to be prepared and that quite a bit of time had gone by: that there were such things as an item in the Deed of Trust regarding inventory which did not satisfy the purchasers, and that perhaps an Executive Session would get the matter cleared up sooner. Mayor Kirkpat- rick advised that if this item was to be taken up in an Executive Session that it should be tabled until later in the meeting for discussion and possible action. Clmn. Leirer - "I would so move that we table this item until later in the meetinq." Seconded by Clmn. Smith. Clmn. Lantz requested to be excused from votinq as he was directly involved in this financially and there was no obiection. Vote - Unanimous Yes with Clmn. Lantz excused from votinq. Item 7(2) - Resolution No. 639 Approving Contract with Federal Aviation Administration for an Airport Information Desk at the Airport - the City Manager reviewed that this item had been tabled for clarification of the extent of heating and maintenance which would be required of the City: that he had not received information directly from FAA, but by third parties had learned the minimal heat sufficient only to prevent freezing, and grounds maintenance is limited to access to the building, so that he did recommend approval of this contract, noting that it would be of assistance to pilots. Mayor Kirkpatrick advised it was the first and necessary step toward airport improvements. Resolution No. 639 was read in full as follows: RESOLUTION NO. 639 BE IT RESOLVED that a contract between the Federal Aviation Administra- tion as Grantee and The City of Seward as Grantor providing for the in- stallation of a Federal Aviation Administration AID ~Airport Information Desk) facility for pilot briefing and flight assistance in a building to be furnished and maintained by The City of Seward be and is hereby approved and the City Manager and City Clerk-Treasurer are instructed to execute and deliver said Contract which is numbered FA67AF-5354. This Resolution shall be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska this 21st day of August, 1967. Clmn. Leirer - "I move we approve Resolution No. 639." Seconded by Clmn. Smith. Vote - Unanimous Yes. Item 7(3) - Resolution No. 649 Authorizing Revised Marine Dealer Agree- ment and Marine Facilities Lease with Standard Oil Co. of Calif. was read in full as follows: RESOLUTION NO. 649 WHEREAS, The Marine Fuel Float now in operation on the East side of the City Dock must be moved and the airplane float belonging to the State of Alaska replaced in its original location: and WHEREAS, The Waters and Harbors Division of the State of Alaska is con- structing a marine fuel float on the North side of the South breakwater within the Municipal Small Boat Harbor, which shall be the location of the facilities now in operation at the City Dock: ~u VOL 13 REGULAR MEETING AUGUST 21, 1967 NOW, THEREFORE, BE IT RESOLVED that the Marine Dealer Facilities Lease commencing June 1, 1967 for a period of three years and thereafter until notice of intent to terminate is served, and providing for the above described relocation, expansion and improvement of said facility at a total cost of $13,950.06, be and is hereby approved: and BE IT FURTHER RESOLVED that said Lease dated June 1, 1967 replaces that certain Marine Dealer Facilities Lease dated June 10, 1966 and that all related agreements replaced without change under date of June 1, 1967 be and are hereby approved. This Resolution shall be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska this 21st day of August, 1967. The question, the City Manager advised that this rewritten resolution deleted the paragraph concerning acceptance of the construction and moving the facility to the south breakwater: that he had requested the tabling at the previous meeting so the resolution could be drawn up to state that the facility has yet to be moved to the south break';'.. water: that resolution no. 649 covers the facility which was built last year and some additional equipment: that the expense of moving the facility to the south breakwater was not included in this agree-ment ment. Clmn. Urbach asked if the construction covered by this agree- ment was the cheapest bid and Clmn. Smith explained that it was not a bid project but was constructed by Standard oil Company with all mater- ials furnished: and was constructed on a rush schedule to use during the Salmon Derby. The Manager advised that the original contract at a cost of $11,800+ was for the facility built at that time and was not for the entire facility as listed in this revised agreement, and under- stood that this was arranged for at the time, and the complete installa- tion subsequently constructed, and therefore this revised agreement needed. Clmn. Urbach - "I move for adoption of Resolution No. 649." Seconded by Clmn. Smith. Mr. Ray Anderson requested permission to comment on this subject, saying he questioned the need for the Cityto pay to move the facility and thought it would be a considerable expense, that he thought the present diesel facility was a "white elephant" but still questioned the need for the City to move the facility. Clmn. Lantz questioned the advisability of moving the gas facility and thus separating it from the diesel facility but Clmn. smith thought there were ways to operate the diesel facility, such as by telephone, so that it would be a feasible operation. The Manager advised the airplane float had to be moved back to ramp A and this meant that some other arrangement had to be made for the gas facility as a minimum: that there were a lot of problems to be resolved before the facility would be moved, but that the airplane float definitely had to be returned to the end of "A Float" as soon as possible. Mr. Anderson said that he still could not understand why the City had to pay for moving the float and Clmn. Smith advised that the airplane ramp as a marine facility, was a temporary facility, the same as his own float was a temporary facility. Clmn. Leirer advised his opinion that Standard oil placed the present facility where requested by the City and would have placed it in any other loca- tion: that misinformation had been given the Council causing mistakes which now had to be corrected. Vote - Unanimous Yes. Clmn. Leirer requested the record to show that in his opinion as soo~s possible this facility should be leased to private enterprize. Clmn. Lantz advised that if the foregoing statement was a motion, he would second it. Clmn. urbach suggested delaying such motion and the Manager concurred advising he would like to have time for a Study Session with particular emphasis on the land use near these facilities and further time for evaluation. Mayor Kirkpatrick called recess and reconvened the meetinq with same members present as were present at the recess except that Clmn. Skinner was also present. after the recess. Item 7(4) - Ordinance No. 360, An Ordinance of the City of Seward, Alaska, confirming the result of a special election held within the city I I I REGULAR MEETING AUGUST 21, 1967 VOL 13 ~1 on October 5, 1965; providing for the issuance and sale of general obliga- tion bonds of the city in the principal amount of $270,000 for the pur- pose of providing part of the funds necessary to dredge, expand and improve the small boat harbor of the city as provided in Resolution No. 464 of the citv$'assed and aoproved September 7, ,11651 a~d authorized gYc6Rgt~get6fi~ruXg~e~~gfidtR~dCt~te~€s~u~rn~r~~~rund ~gc6aRt;Cpf8~fB~ng the date, form, terms maturities and covenants of said bonds, and for the annual levy of taxes to be made without limitation as to rate or amount to pay the principal thereof and interest thereon; and declaring an emergency, was introduced and read in full including the statement of existing emergency and waiver of the rules for introduction, passage and approval of ordinances, as set forth in Section 12 of said ordinance. (For text of Ordinance No. 360, see Pages No. 1 - 16 inclusive attached hereto and made a part hereof). Councilman Lawrence Urbach - I move for adoption of Ordinance No. 360 on the first reading thereof in full. Seconded by Councilman Herman E. Leirer. Roll call vote - Clmn. W. J. Lantz Yes; Clmn. Herman E. Leirer Yes; Yes Clmn. Tom P. Smith; Clmn. Lawrence Urbach Yes; Clmn. E. G. Skinner Yes; Mayor R. W. Kirkpatrick Yes. Clmn. Maynard Willburn was absent. Ordinance No. 360, as above titled, was read by number and title only for the second time. Clmn. Lantz - "I would move that an emergency exists and that this be considered the. second reading of' Ordinance No. 360." ~~conded p~Clmn. Urbach. Vote - Unanimous, yes. As above described was then read for the third time by number and title only. Clmn. Smith - "I would move that we adopt Ordinance No. 360 and declare that an emergency is hereby found to exist and this ordinance shall become effective immed- iately upon passage and publication." Seconded by <;:lmn. Leirer. Vote- Unanimous yes. Item 7(5) - Clmn. Leirer - "I move that we authorize the advertisement for bids for $162,000 twenty-year General Obligation Harbor Improvement Bonds." Seconded by Clmn. Skinner. Vote - Unanimous yes. Item 7(6) - Mayor Kirkpatrick advised that it was necessary for the Council to establish the date on which a special meeting of the Council would be held to open the bids for the above bond issue and advised that September 8, 1967 was the best date for this. Clmn. Urbach - "I move that we set 2:00 p.m. on September 8 as the time until which we will receive bids and at which we will convene to open bids and award same." Seconded by Clmn. Leirer. Vote - Unanimous yes. Item 8 - Reports from the Borough Assemblymen - (1) Had had a short meet- ing in Kenai with the School Board concerning the school construction bond sale. Item 8(2) - Requested the Borough Chairman, Mr. George Navarre, who was present at the Council meeting,to review the Phillips Marathon application for first-of-its-kind Industrial Incentive Tax Exemption. Mr. Navarre advised that the oil company had requested an informal meeting with the Assembly which was scheduled for the following evening; to question ad- vised that he was not in favor of any industrial incentive tax exemptions under the present statute, as he believed the State should share with local government some of the taxes which it did collect from industries which might be exempted from local property taxes by State action. This subject and various proposed changes to the law were discussed in some detail, and Mr. Navarre requested the Council support of the Borough sponsored legislation on this subject and advised that the studies which he had conducted would be made available to anyone who was interested. Clmn. Smith requested suggestions from the Council concerning the Phillips Marathon application before the Assembly, explaining that it had to do with the pipe lines from platform to shore and whether they are personal property or real property for tax purposes. To Clmn. Leirer's question Clmn. Smith explained that a limited exemption had been granted to Standard Oil Company and that there were now several applications before the Assembly which was also faced with a need for a $10,000,000 school construction program being based on short term bonds because of the very temporary nature of the population expansion. Mayor Kirkpatrick observed no) ;;-1.... VOL 13 REGULAR MEETING AUGUST 21, 1967 that the suggestions of the Council were to oppose this application for tax exemption. Item 8(3) - Clmn. Smith advised that the Borough needs to receive deeds to all school property within the City of Seward. Item 8(4) - To Clmn. Leirer's question, Clmn. Smith reviewed the tax assesssing procedures for commercial vessels. Clmn. Leirer then re- quested the Borough to adopt the City's policy of limiting the amount of depreciation which could be applied to real property, as an encourag- ment to destroy ramshackle buildings to save tax expense, calling atten- tion to the governmental benefits of such a policy as savings in assess- ing time, improved appearance of the city, and assistance in the enforce- ment of all of the building and safety codes. 8(5) - Clmn. Lantz advised that it was no longer possible for him to regularly attend the Borough Assembly Meetings and as the City's repre- sentative on the Assembly for most of the past three years that he understood how very important it is to have maximum representation, and therefore, wished to formally resign as Assemblyman as of this date. Clmn. Smith reviewed his report to the Council at the previous meeting concerning this which had resulted in naming a replacement appointee, being under the impression that Councilman Lantz' term had already con- cluded. Clmn. Lantz advised that his letter of resignation would in- clude some words to clear up this matter. Item 9 - Reports from the city Manaqer - (1) That a representative from the Economic Development Administration in Seattle had inspected the General Purpose Cargo Dock and he was well pleased with the progress of the project. That this gentleman had suggested the shore line of the harbor be rip- rapped to prevent further erosion, and seemed to think this could be by grant for the major portion of the cost. The City Manager advised he thought this was important as it appears the shore-line will con- tinue to wash away until something is done about it~ that it is not stabilizing itself~ that Mr. Lounsbury listed this and will work up a project. Item 9(2) - The Manager reported that Mr. Ron Fox had paid three months rent from August 4 through November 4, 1967~ that he had no further word from him regarding his plans and specifications and thought the City should notify him that his complete plans must be in the office on or before November 4, 1967 or his request to lease would be void. This was reviewed as to incomplete plans deli~vered to the City July 10th and Mr. Fox's subsequent visits to the Council Meetings but no progress on complete plans. Discussion that the revised words for deter- mining future rental amounts were read by Mr. Fox at the Council meet- ing on August 7th, the meeting at which Council approval was given to the revised wording, and that he had advised those provisions were satis- factory to him, and that he would try to and thought he could secure fin- ancing with the revision. The Manager asked if the Council wished a notice to be sent such as he had suggested and the Mayor asked for the exact requirements of the resolution to be reviewed. To Clmn. Lantz' question as to whether Mr. Fox had all this information, the matter was reviewed and it was clari- fied that he did, but the question remaining whether or not the original deadline of Resolution No. 629 had required complete plans and specifi- cations, and what consideration or demands the Council intended to make if it decided to grant Mr. Fox's request for additional time. 9(3) - That Ramstad Company expected to be finished with the construct- tion of additional floats, dolphins, and the marine fuel float in about three weeks. Item 9(4) - That apparently the Borough makes adjustments on the tax rolls after the Board of Equalization and questioned this procedure and advised that he intended to write to the Borough Chairman regarding this. ORDINANCE NO. -3 b-.tJ {lL/a:ci.'.z'- Ie a~~'-CL- t0d-~{ 6</- 11 11 ,. vd I ~ C~L~{J 711A/vt-~ &0 '/ f)ca<j (Ie --r.- AN ORDINANCE of the City of Seward, Alaska, confjrmjng the result of a special election held within the city on October ?, 1965; provirl.inC for the jssuance and sale of general obligation bonds of the city in the principal amount of $270,000 for the purpose of providinG part of the funds necess~ry to dredge, expand and improve the small boat harbor of the city as provided in Resolution No. 464 of the city passed and approved September 7, 1965, and authorized by the qualified voters of the city at such special election; creating a construction fund, a bond and interest sinking fund account; providing the date, form, terms, maturities and covenants of said bonds, and for the annual levy of taxes to be made without limitation as to rate or amount to pay the principal thereof and interest thereon; and declaring an emergency. WHEREAS, at a special election held in the City of Seward, (hereinafter called the "City"), on October 5, 1965, the proportion of the qualified voters of the City required by law for the adoption thereof voted in favor of a proposition authorizing the issuance of general Obligation bonds in the principal sum of not to exceed $270,000 for the purpose of providing the funds necessary to dredge, extend and improve the small boat harbor of the city, as more particularly provided in Resolution No. 464 of the City passed and September 7, 1965: and WHEREAS, it is now necessary and to the best interest of and its inhabitants that it sell and issue said bonds so in order to pay part of the cost of such improvements; NOW, THEREFORE, THE CITY OF SEWARD, ALASKA ORDAINS by the Council of the City of Seward, Alaska, as follows: Section 1. The result of the special election held within on October 5, 1965, at which the proportion of the qualified voters of the City required by law for the adoption thereof voted in of a proposition authorizing the issuance of general obligation in the principal sum of not to exceed $270,000 for the purpose of providing funds necessary to dredge, exte~d and improve the small (l,i:t2 c t r:-/ I c;' i lev /-~.:-( cif-- ----- If 1l/ il d~ / j &arL ,:;;. )Ykna confirmed. ~ ~.- ~.~_/ {'t. -(/'- issued $162,000 boat harbor of the City, is hereby in all respects Section 2. There shall now be sold and principal amount of general obligation bonds of the City (hereinafter called the "Bonds") out of the $270,000 of such bonds authorized by the qualified voters of the City at the above-mentioned special election, for the purpose of providing part of the funds necessary to dredge, extend and improve the small boat harbor of the City as provided for in its Resolution No. 464 passed and approved September 7, 1965. The Bonds shall be dated as of June 1, 1967, shall be in the denomination of $1,000 each, shall be numbered from 1 upwards consecutively, shall be registrable as to principal only, and shall bear interest at a rate of not to exceed 4 1/8% per annum payable December 1, 1967 and semiannually thereafter on the first days of June and December of each year from date of issue as evidenced by coupons to be attached thereto. The Bonds shall mature on June 1 of each of the following years in the following amounts: Maturity Year Amount Maturity Year Amount 1968 $5,000 1978 $ 8,000 1969 5,000 1979 9,000 1970 6,000 1980 9,000 1971 6,000 1981 9,000 1972 6,000 1982 9,000 1973 7,000 1983 9,000 1974 7,000 1984 10,000 1975 7,000 1985 11,000 1976 8,000 1986 11,000 1977 8,000 1987 12,000 Both principal of and interest on the Bonds shall be payable in any coin or currency which is legally acceptable on the respective dates of payments for debts due the United States of America, at the office of the City Treasurer, Seward, Alaska, or at the option of the holder at National Bank of Alaska, Anchorage, Alaska. Section 3. The City hereby reserves the right to redeem outstanding Bonds in whole, or in part in inverse numerical order, on 2. any interest payment date after December 1, 1976, upon at least at/dc ~i -r;:} i d /: ~/; i/~ {( ~ " / C !:; (!-CL~tVL c"( t~L- /", ~ 'Y)1..t-",,~ 1.-5-)' IJ r:a f) --' Cc - I 'L- thirty days' prior n6tice, at par plus accrued interest to the date redemption. Notice of any such intended redemption shall be given by registered mail sent to the registered owners of the Bonds to be redeemed at their addresses appearing on the registry book at least thirty days prior to the redemption date and, unless all of the Bonds to be redeemed are registered Bonds, by publication once in a financial journal printed in the English language and of general circulation in the City of New York, New York, such publication to be not more than forty-five nor less than thirty days prior to said redemption date. redemption notice shall state the serial numbers of the Bonds called for redemption and that interest thereon will cease on the redemption date, and shall direct that such Bonds, together with all coupons, if any, maturing on or after the redemption date, shall be presented by the holders for payment and cancellation. Section 4. The Bonds shall be in substantially the following form: UNITED STATES OF AMERICA NO. $1,000 STATE OF ALASKA CITY OF SEWARD GENERAL OBLIGATION BOND, 1967 The City of Seward, Alaska, for value received hereby promises to pay to bearer, or if this bond be re~istered, to the registered holder hereof, on the first day of June, 19 the principal sum of ONE THOUSAND DOLLARS together with interest thereon at the rate of 4 l/8% per annum 3. ATTACHED TO AND A PART OF PAGE 91, VOL 13 COUNCIL MINll'I'ES-.U..cZ _ r Z/I' j--~ CITY &ERlGTRE~St;:) payable December 1, 1967 and semiannually thereafter on the first days of June and ,December of each year from date hereof as evidenced by and upon presentation and surrender of the attached interest coupons as they severally become due, or until such principal sum shall have been paid or duly provided for. Both principal of and interest on this bond are payable in any coin or currency which is legally acceptable on the respective dates of payments for debts due the United States of America, at the office of the City Treasurer, Seward, Alaska, or at the option of the holder, at National Bank of Alaska, Anchorage, Alaska. Both such prinCipal and interest are payable in accordance with the provisions of Ordinance No. 360 adopted by the Council of the City of Seward (herein called the "City") on the ~~day of August, 1967, out of the 1967 General Obligation Bond and Interest Sinking Fund Account of the City (hereinafter called the "Sinking Fund Account") created by such ordinance. The City has reserved the right to redeem the outstanding bonds of this issue in whole, or in part in inverse numerical order, on any interest payment date after December 1, 1976, upon at least thirty days' prior notice, at par plus accrued interest to the date of redemption. Notice of any such intended redemption shall be given in the manner provided in Section 3 of said Ordinance No.~. This bond is one of an authorized issue of negotiable general obligation bonds of the City of like amount, date and tenor except as to number and date of maturity in the aggregate principal amount of $162,000, and 1s issued pursuant to a vote of the qualified voters of the City, Resolution No. 464 and Ordinance No. 500 of the City~ for the purpose of 4 . ATTACHED TO AI.\lD A PART OF PAG~ 91, VOL 13 COUNCIL MINU'I'ES. () .~.. -~~' /.i .z'./ U~~~c, c.(.... 'f-./cZ_c:e:..J CI'1'Y CLE - AS . providing part of the funds required to dredge, expand and improve the small boat harbor of the City as more specifically provided in said Resolution No. 464. The City has irrevocably covenanted by said Ordinance No. ~ that it will levy taxes annually upon all the taxable property within the City without limitation as to rate or amount and in amounts sufficient to pay the principal of and interest on the bonds of this issue as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and for the prompt payment of such principal and interest. It is hereby certified that all acts, conditions and things required to be done precedent to and in the issuance of this bond have happened, been done and performed and that the total indebtedness of the City, including this bond and the bonds of this issue, does not exceed any constitutional, statutory or charter limitation. IN WITNESS WHEREOF, the City of Seward, Alaska, has caused this bond to be signed by its Mayor, to be attested by its Clerk, the official seal of the City to be impressed hereon, and the interest coupons attached hereto to be signed with the facsimile signatures of said officials as of the first day of June, 1967. CITY OF SEWARD, ALASKA By tw)[tU . Mayor ATTEST: City Clerk 5. 1\T'1'ACHIm TO NIl) A PMT 01' PPlGB 91, VOL 13 COUNCIL '{lNU'PE'S-ii~/L -/ c. ~ / // ,. /~ // // ~lftLd.!b~'-' The interest coupons to be attached to the Bonds shall be substantially the following form: NO. $ On the first day of , 19 , the City of Seward, Alaska, will pay to bearer at the office of the City Treasurer, Seward, Alaska, or at the option of the holder at National Bank of Alaska, Anchorage, Alaska, the sum shown hereon in any coin or currency which is legally acceptable on such date for debts due the United States of America, said sum being the semiannual interest due that day on its General Obligation Bond, 1967, dated as of June 1, 1967, and numbered CITY OF SEWARD, ALASKA Ji 'i!~' ,// By.. ,W, ~ 'r+l:7/c-1f, Mayor ATTEST: City Clerk The Bonds shall have endorsed thereon the following registration certificate: This bond may be registered as to principal only on the bond registry book of the City maintained at the office of the City Treasurer, Seward, Alaska, such registration to be noted hereon, and thereafter the principal of this bond shall be payable only to the registered holder, his legal representative or assigns. This bond, if registered, shall be transferable to another registered holder or back to bearer only upon presentation to the City Treasurer with the legal assignment duly acknowledged or proved. 6. ATTAC.H.EJ) ro k\NJ) A i'ART Ot!' Pl\GJ; 91# V5rL ~3 . COO~CIL / tUNWF,.s-.~ tke<:. i:, c; '- uL/~zd ct'I'Y CLl'::RK-'I$EM. Registration of this bond shall not affect the negotiability of the coupons attached hereto, which shall at all times be transferable by delivery. Date of Registration Name and Address of Registered Owner Signature of Authorized Officer Section 5. The Bonds shall be signed on behalf of the City by i~s Mayor, shall be attested by the City Clerk, and shall have the official seal of the City impressed thereon. Each of the interest coupons attached thereto shall be signed with the facsimile signatures of said officials. Section 6. Any purchaser of the Bonds as advertised for sale by the City may elect to accept a nonnegotiable bond registered as to both principal and interest with a face value in the amount of the Bonds, in lieu of individual coupon bonds. Any such fully registered bond shall be executed in the manner provided for the Bonds and shall be of type composition on paper of sufficient weight and strength to prevent deterioration throughout the life of the loan represented by such fully registered bond. Such fully registered bond shall be dated as of June 1, 1967, shall bear such rate or rates of interest from such date as may be fixed upon the sale or sales thereof, shall mature in installments in the years and amounts set forth in Section 2 of this ordinance, and shall be in substantially the following form, with such variations, omissions and insertions as may be necessary under the circumstances: 7 . UNITED STATES OF ATTACHED TO AND A PART OF PAGE 91, ypL~NE.13,~O?IJC~L MINUTES. ~Z'-<-L ~/L/C~~ CITY CLERK-TREASURER AMERICA NO. R-l - $lb-2~-0 0 0 STATE OF ALASKA CITY OF SEHARD GENERAL OBLIGATION BOND, 1967 The City of Seward, Alaska (hereinafter called the "City"), acknowledges itself indebted and for value received promises to pay to the United States of America, Economic Development Adminis- tration, or its successor (herein sometimes called the "Payee"), or its registered assigns (herein sometimes called the "Alternate Payee"), the principal sum of ONE HUNDRED SIXTY-TWO THOUSAND DOLLARS on the first day of June in years and installments as follows: Maturity Year Amount Maturity Year Amount 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 $ 5,000 5,000 6,000 6,000 6,000 7,000 7,000 7,000 8,000 8,000 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 $ 8,000 9,000 9,000 9,000 9,000 9,000 10,000 11 ,000 ll,OOO 12,000 in any coin or currency which is legally acceptable on the respective dates of payments for debts due the United States of America and to pay interest on the balance of said principal from time to time remaining unpaid in like coin or currency at the rate of 4 1/8% per annum on December 1, 1967, and semiannually thereafter on the frist days of June and December of each year from date hereof until the principal amount hereof has been paid or such payment has been duly provided for. So long as the Payee is the registered owner of this bond, the Federal Reserve Bank of Richmond, Virginia, shall act agent for the Payee for collection of both principal of and interest on this bond. So long as an alternate payee is the registered owner hereof, said payments shall be made at the office of the City Treasurer, Seward, Alaska, or at the option of the holder, at National Bank of Alaska, Anchorage, Alaska. 8. ATTACHED TO AND A PAIlT 01' PAGE 91, ~LUNE_ 13, COUNC~L. M.JNUft.S. ~,,,e:. ~~L~:<:.z;c, CI'l'Y CLERK-TREASURER Payments of principal and interest, including prepayments of installments of principal as hereinafter provided, shall be noted on the Payment Record made a part of this bond. Upon final payment of principal and interest this bond shall be submitted to the City for cancellation and surrender. Both principal of and interest on this bond are payable solely out of the special account of the City known as the "1967 General Obligation Bond and Interest Sinking Fund Account" (herein called the "Sinking Fund Account") created by Ordinance No. 3i:l2 of the City adopted August ~, 1967, (herein called the "Ordinance"). In addition to the installments of principal required to be paid by the City as hereinabove set forth, the City, at its option, shall have the right to prepay installments coming due after June 1, 1977 on any interest payment date after December 1, 1976, in whole or in part, in multiples of $1,000, in the inverse chronological order of such installments, at the principal amount thereof plus accrued interest to the date of prepayment. As long as the registered owner hereof shall be the Payee, the City may prepay on any interest payment date the entire unpaid principal amount hereof, or from time to time, in the inverse chronological order of said installments may prepay such lesser portion hereof, in multiples of $1,000, as the City may determine, at the principal amount thereof plus accrued interest to the date of such prepayment. Notice of any such optional prepayment shall be given at least thirty days prior to the prepayment date by mailing to the registered owner of this bond a notice fixing such prepayment date, the amount of the principal, and the premium if any, to be prepaid. As provided in the Ordinance, this bond is exchangeable, at the sole expense of the City, at any time upon ninety days' 9. i\'1"l'1\CilED 'l'O AND A PART OF PAGE 91, VOLUNE 13, COUNCIL MINUft8. &_1,<:.'- 1L:Lk~tt: CITY CLEJUC-TR.ItUUUll notice at the request of the registered owner hereof, and upon surrender of this bond to the City, for definitive bonds payable to bearer, registrable as to principal only, of the denomination of $1,000 each, bearing interest at the same rate as this bond, with the same rights of redemption as provided for definitive bonds in Section 3 of the Ordinance, in an aggregate principal amount equal to the unpaid principal amount of this bond and in the form of such coupon bonds as provided for in Section 4 of the Ordinance. This bond is a general obligation bond of the City and has been duly issued by it pursuant to Resolution No. 464 of the City, to a vote of the qualified electors thereof, and to the Ordinance, for the purpose of providing part of the funds to dredge, extend and improve the small boat harbor of the City. The City has irrevocably covenanted by the Ordinance that it will levy taxes annually upon all the taxable property within the City without limitation as to rate or amount in amounts which will be sufficient to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and for the prompt payment of such principal and interest. This bond may be assigned, and upon such assignemnt the assignor shall promptly notify the City Treasurer by registered mail. The City may require presentation of this bond for verification of the Payment Record or, at its option, for exchange for a new fully registered bond. It is hereby certified that all acts, conditions and things required to be done precedent to and in the issuance of this bond have happened, been done and performed, and that the total 10. ,:..',~i1:t'j' ":"f): t~~,,11) ',;:;/\H'l' vf' ~~\'':[:', '%;;'6~; 3;i C(h;~::: ~p'rf/.'~. ':' 1 '1',' Cl.'eFi,-'l'Flt-i,.("UF,.i!;R .\ Lf")"' " .,.. , indebtedness of the City including this bond does not exceed any constitutional, statutory or charter limitation. IN WITNESS WHEREOF, the City of Seward, Alaska, has caused this bond to be signed on behalf of the City by its Mayor, to be attested by the City Clerk, and the seal of the City to be impressed hereon, as of the first day of June, 1967. CITY OF SEWARD, ALASKA By Mayor ATTEST: City Clerk A fully registered bond shall have endorsed thereon the following form of assignment: ASS I GNr-1EN'E FOR VALUE RECEIVED, the undersigned registered owner thereof hereby sells, assigns and transfers the within bond unto DATED In the presence of: (Repeat this form of assignment) (As provided in the within bond, notice of any assignment thereof shall be given by the assignor by registered mail to the City Treasurer, Seward, Alaska, and upon the receipt of such notice the bond shall be registered as to both principal and interest on the registration books in the name of the assignee named above, but the City shall have the right to require surrender of said bond for verification of the Payment Record or, at the option of the City, in exchange for a new fully registered bond.) 11. ATTACHED TO AND A PART OF PAGE VOLUKE 13, COUNCIL MINUTES. &.<--t: ~ S'//{,~_ ~ BEATRICE E. WATTS,CITY CLERR- TREAS . PAYMENT RECORD Due Date Principal Payment Principal Balance Due Interest Payment (4 1/8%) Date Paid Name of Payin~ Agent Authorized Official and Title (enter amounts) (enter dates for principal and interest) (leave blank) (blank) (blank) (40 due dates--leave one-half inch space between each due date, etc., for manual interlining, if necessary; also half a page at end for any explanation which might be required) Section 7. Any fully registered bond or bonds shall be redeemable, in whole or in part, to the extent, at the time, in the manner and at the prices set forth in Section 3 hereof, except that there need be no publication of notice of redemption; provided, however, that as long as the United States of America or any officer or Department thereof owns any such fully registered bond, or any definitive coupon bond, the United States of America, or such officer or Department has waived and will waive the noncallable provisions applicable and the specified premiums for redemption set forth in said Section 3. Any fully registered bond or bonds may also be transferred by the registered owner thereof, provided that such transfer relates to the entire principal amount of the fully registered bond transferred, and any such transfer shall be noted on the bond registration book of the City. Upon ninety days' written notice by the holder of any fully registered bond, the City shall cause to be prepared and shall deliver to such holder, at its sole cost and expense, definitive coupon bonds of type composition and on bond paper of weight and strength that is 12. customarily used for serial bonds of an AT'1'1\.CH1::D TO AND A PAR'!' OF PAGE VOLUlfE 13. COUN~L ,~~. 4.a C< "-L- lL/cz- . AEA'l'MCE -E. WAT'rS.,Cl'l'Y CLEIQ\- issue c-orrfpati"8.ore to t1ilS 'l'ItEAS. issue of Bonds. Such definitive bonds shall be in the denomination of $1,000 each, shall have coupons attached bearing dates representing all installments of interest due on each of said bonds, shall be in the total principal sum of the unpaid balance due on such fully registered bond, shall be numbered and mature as provided in Section 2 hereof on those dates of maturity which have not yet occurred on the date of such exchange, except that if any prepayment authorized herein shall have been effected, such prepayment shall be deemed to have redeemed such definitive bonds in inverse numerical order. Such definitive bonds and the coupons attached thereto shall be executed and authenticated as herein provided for the Bonds. Section 8. The Bonds shall be sold after advertisement on ssealed proposals to the highest and best private bidder or bidders submitting a bid or bids with an effective rate over the life of the Bonds bid for of 4 1/8% or less, plus accrued interest to the date of delivery. Such bidders may submit bids for consecutive full annual maturities covering the first maturity and all maturities thereafter through at least June 1,' 1977. If no such bid is received from a bidder other than the United States of America or any officer or department thereof for part or all of the Bonds, the Bonds shall be sold to the United States of America or any such officer or department submitting a sealed bid at the rate agreed upon for the Bonds in the offer of the Economic Development Administration of the United States Department of Commerce to purchase said Bonds, dated November 2, 1966. The Clerk of the City is hereby authorized and directed to cause a short form of the official notice of sale of the Bonds to be 13. Aft'ACl!Ef) '10 NlID " I'AWf or I'MII VOL'. 13, COUN<:lL MINtJ'ft&S. ~~~~.lf~:'n CLaD- published at least once in The Bond Buyer, at least-f-i{'teen days pr~. to the date when such bids will be received, publicly opened, considered and acted upon. Section 9.A special account of the City known as the "Harbor Improvement Construction Account" (herein called the "Construction Account") is hereby created. The proceeds of the sale of the Bonds (except for accrued interest, which shall be paid into the Sinking Fund Account hereinafter created) shall be paid into the Construction Account and shall be expended solely for the purpose of paying part of the cost of the capital improvements to be constructed out of the proceeds of the sale of the Bonds and all costs incidental thereto. Any moneys remaining in the Construction Account after all of the above-mentioned costs have been paid shall be promptly used to the extent possible for the redemption of Bonds, and any residue shall be deposited in such Sinking Fund Account for the uses and purposes herein provided; provided, however, that the City hereby reserves the right to withdraw any funds~other than moneys received from the sale of the Bonds or grants received from the Economic Development Administration, which it may have deposited in the Construction Account which are found to be unnecessary for such purpose. Section 10. That there be and is hereby created another special account of the City to be known as the "1967 General Obligation Bond and Interest Sinking Fund Account" (herein called the "Sinking Fund Account") which shall be at all times completely segregated and set apart from all other funds of the City and shall be a trust fund to be used solely for the security and payment of the principal of and interest on the Bonds as the same shall become due. 14. i\'M'?\CJJm1 om ,lI\!i!D " .JI;ft'l' (ff Il'Mlt Vw,mt'L 13. eooNC1L /!U1W'.f~v. ~a.~~L- '?c:'~&& B1ilA'l'8lCE f;. WJ\'f"ft; .CITY CLEliQ\... l.'fU!AS . The City hereby irrevocably covenants that it will make annual levies of ad valorem taxes upon all the taxable property within the City without limitation as to rate or amount in amounts which will be sufficient to pay the principal of and interest on the Bonds as the same shall become due, and that it will pay such taxes into the Sinking Fund Account upon collection thereof. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest as aforesaid. In the event that money and/or direct obligations of the United States of America maturing at such time or times and bearing interest to be earned thereon in amounts sufficient to redeem and retire the Bonds in accordance with their terms are set aside in the Sinking Fund Account to effect such redemption or retirement, and such money and the principal of and interest on such obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Sinking Fund Account for the payment of the principal of and interest on the Bonds, and the Bonds and the appurtenant coupons shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive the funds so set aside and pledged, and the Bonds and/or such coupons shall be deemed not to be outstanding hereunder. Section ll. For so long as the bonds shall be held by the United States of America or any office or department thereof, the City covenants as follows: (1) That it will not dispose of or encumber its title or other interest in the facilities and improvements constructed and made out of the proceeds of the bonds, including the underlying realty, or its interest in any property necessary for the access to 15. ,~'M'1\C'.1U:-1} '1'0 ~\ " J':~'r 01' 1I'.~Jt V~'U. ~U. tU.NU'1'~". &~-t::;~~ 5/L/~~ l!F',~lCl' ;:,. '''IP'!''''r:- f';J;~ln o..F.Iii1\- 1'I\.lM . and the use thereof without first obtaining the written consent of such bondholder. (2) That it will carry insurance of such types in such amounts and with such insurance carriers as are acceptable to such bondholder. Section 12. In order to enable the City to sell the Bonds as soon as possible so that it can pay part of the cost of making the harbor improvements provided for herein, an emergency is hereby found to exist affecting the proper and immediate preservation of the public peace, welfare, health and safety, and this ordinance shall become effective immediately upon its passage and publication as required by law. PASSED by the Council of the City of Seward, Alaska, and approved by its Mayor at a regular meeting of said Council held this r~day of August, 1967, after notice thereof given as required by law. CITY ;; SEW~~'~L~~A ? By -J-I W" ~~'1)~ 1~,.~{ Mayor ( ATTES'I' : 16. ". J'<,n0H.::H"a::) ro AMi' l\ .!>~ t.. I'JWll V(,)1.\"III.:o: :u. COt1W:U.. ,MINtnll~;. iJe;~~~L- ~(04</~- - , , d,:pAmlcf, /:'. ,'IJ,i!l'M"~#l;;ln C'LlllG... ftf.:~. CITY CLERK'S CERTIFICATE I, the undersigned, the duly chosen, qualified and acting Clerk of the City of Seward, Alaska, and keeper of the records of the Council of the City (herein called the "Government Body"), DO HEREBY CERTIFY: l. That the attached ordinance (herein called the "Ordinance") is a true and correct copy of an ordinance of the City of Seward as finally adopted at a meeting of the Governing Body held on,the ~ day of August, 1967, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Governing Body voted in the proper manner for the adoption of said ordinance; that all other requirements and proceedings incident to the proper adoption or passage of said Ordinance have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City this>~day of August, 1967. ~~cL F: /L/Cl~-- City Clerk, Seward, Alaska . . . , I I I REGULAR MEETING AUGUST 21, 1967 93 VOL 13 The Council discussed this in concurrence with the Manager's opinion. Item 9(5) - The IBEW Union Representatives will confer with the City at 9:00 a.m. the following day and requested any Councilmen who wished to attend. Item 9(6) - Noted that the Council had received the Financial Status Re- port for the month of July and that subsequent reports would be mOrE! in- formative as trends can not be interpreted from the first month's report. Item 9(7) - Had met with the Chugach Electric Association Engineer, who is gathering a body of data concerning wholesale power rates, but it looks very doubtful that the City can get any lower price at the present time. 9(8) - That the Lowell Point Road is in poor condition and the City is renting its equipment to Lakes End Logging Company; that the company had requested the City to maintain the road, but, as with the request of the Chamber of Commerce, the City can not perform the maintenance at City expense as it is a private road. Item 9(9) -- That Mr. William Hall had not responded to the August 15, 1967 deadline in connection with the request to lease land in the Marina Sub- division in the harbor area, and had therefore mailed a notice on August 21 giving notice that the lease request was void. Item 9(10) - Requested a Work Session Lor the Harbor Ordinance, Curfew Ordinance and the Longshorman's Union request. Set for August 30. Item 9(11) - That there is still a problem on the Jesse Lee property which is still not correct and that he and the Mayor plan to attend a meeting the coming Friday regarding this. Item 10 - Council Discussion - (1) Clmn. Urbach asked what had had happen- ed on the Alaska House demolition which the Council had ordered and which was supposed to have been accomplished the previous year. The City Manager referred to his comments in the written reports to the Council. Clmn. Urbach reviewed that the eviction and demolition had been ordered by the Council. The City Clerk advised that the State Police Officer had refused to evict the owners with the form of order prepared by the City Attorney's former associate, that this had been reported to the Council along with intent to proceed by Acting City Manager Kirkpatrick, and it was then into wintertime; subsequently the City Attonney's present partner advised that the eviction should be handled in a different manner and this had not been ordered. Mayor Kirkpatrick advised he had with-held instruc- tions to complete the eviction order because of the season and until a City Manager would be hired. Clmn. Lantz advised he still thought a delegation should call on Mr. Andrews to request cooperation. Clmn. Smith said that since the Council had given an order for final action and thought this action should be accomplished and this was concurred in. Item 10(2) - Clmn. Leirer advised he thought there were alot of properties which were not occupied and which needed to be removed, that the Fire Chief had given the City these lists many times and nothing is done on them. Mayor Kirkpatrick advised that he thought the City was moving for- ward on these slowly which had been in accordance with his instructions., while Acting City Manager. Item 10(3) - City Clmn. Skinner asked what reason CEA had given for the additional $9,000+ increased billing for cost of wholesale power for 1966, and the City Manager said that CEA's explanation was that it cover- ed increased costs of operation, including the "spinning reserve" reported at the previous meeting. Item 10(4) - Clmn. Skinner reported much public confusion with potentially detrimental effects on the City's public relations in connection with the use of the old Alaska Railroad facility by Lakes End Logging Co., and requested accurate full information be given to the public through the newspaper and radio. The City Manager reviewed this property as being before GSA, which has given the City permission to use and occupy it on 94: REGULAR MEETING AUGUST 21, 1967 REGULAR MEETING SEPTEMBER 6, 1967 ba:lis that the City accept responsibility and save the Government harm- le:ls from any loss, which conditions the City requires of such occupants clS the Chamber of Cormnerce, the Marine Highway Dept., Lakes End Logging, ~:ollrdough Queen, and so forth, that the City can not receive any re- venue at all from this property as it does not belong to the City t.hough the City will receive it eventually: that there was misunder- l::tanding by some of the occupants such as the Marine Highway Dept., and I,a):es End Logging concerning the reasons why the City can not install improvements on the facility, and the reason is that the property does r:.01: belong to the City. The City Manager continued that in this re- gard he had advised Lakes End Logging that day, that if it wished to I=,rnpare the overhead lighting fixtures for use that the City would de- liver power but that the City would not work on the lighting system: that he did not want anybody to get the idea that the City was taking ref:ponsibility for that property. Clmn. Lantz advised he did not con- cur in this atitude and recormnended the City take action to save it fr(~ further deterioration. Cormnander Sperry, U.S. Coast Guard advised thcLt the dock has already deteriorated a great deal and thought it was pr(~ably caused by the Marine Highways Department use under the condi- ti(lns which prevailed, and suggested that GSA be advised of continuing deterioration which he thought could be halted. Mayor Kirkpatrick ad,'ised he was certain that GSA had all of this information. The City Manager advised that he would prepare a written statement for the news- pa!'er and radio station. VOL 13 10(5) - The City Manager advised that citizens were offering their ser- vices to help in the Fairbanks disaster and asked if the Mayor knew of any needs. Mayor Kirkpatrick said the information forwarded to him was thc.t Civil Defense was coordinating everything and did not want to re- ceive anything unless requested and that he had no such request. Mayor Kirkpatrick declared a recess and reconvened with the same mem- bels present that were present before the recess. -', ! .Mayor Kirkpatrick re-introduced Item 7 (1) - Determine status of sale of lots 21 and 22, block 16, Original Township from August 1, 1967 action and tabling. Clmn. Lantz re-stated his request to be excused frcm voting on this due to having a financial interest in it and there 'was no objection to this. Clmn. Smith - "I move we qo into Executive .~ession to discuss Item 7(1) to avoid publication of information which :wm: Id be possibly detrimental of persons and to disculiils personne.1.matters ". ,~~9nded by Clmn. Skinner. Clmn. Leirer said he was personally against ;oing into Executive Session regarding Item 7(1) though he was in favor of going into Executive Session regarding personnel matters: that as he hac stated in the discussion under Item 7(1), he believed this should be discussed before the audience. Mayor Kirkpatrick advised that no action could be taken from such an Executive Session but Clmn. Leirer advised he thought the public should hear the Council's deliberations. Clrrn. Smith noted that the determinations would have to be reviewed in putlic session and the Council would have to answer for its determina- ticns. Vote - Unanimous~~ with Clmn. Lantz abstaininq. :~xecutive Session and Regular Meeting Jliayor Kirkpatrick. ~~_u. c '--V~'7:6= ._~ ~c~ ~~ .--.:{- :Beatrice E. Watts City Clerk-Treasurer declared adjourned at 1:30 a.m. by rlP1-~___ R. W. ~atrick Mayor REGULAR MEETING SEPTEMBER 5, 1967 - 6, 1967 Due to the Labor Day holiday, the regular City Council Meeting and Boro- ugh Assembly Meeting fell on the same date, and the Council Meeting was therefore postponed until September 6, 1967 with posting and advertise- ment thereof on August 31. The regular meeting of September 6, 1967 was '~alled to order at 7:35 p.m. by Mayor R. W. Kirkpatrick. The opening '~eremony, Pledge of All\eg~ce to the Flag, was. led by.Clmn. Wil~burn. Ro:.l was called and those present were: Mayor KJ.rkpatrJ.ck: CouncJ.lmen I I I REGULAR MEETING SEPTEMBER 5 - 6, 1967 95 VOL 13 Maynard Willburn, Tom P. Smith, Herman E. Leirer and Lawrence Urbach. Clmn. Skinner arrived at about 7:55 p.m. Clmn. Lantz was absent. Item 4 - Minutes - Mayor Kirkpatrick asked if the Council had read the minutes presented and there were no corrections. Clmn._Willburn - "I m9ve we approve the minutes from dates February 20, 1967 to and including March ~1 1967, pages 11 through 18, .volume 13." Seconded by Clmn. Leirer. Vote - Unanimous yes. Item 5 - Citizens Discussion and Public Hearings - The City Manager advised that no citizen had requested to speak to the Council. Item 6 - Communications - (1) Letter from the Borough Chairman answering the Manager's protest of adjusting property tax rolls after the Board of Equalization has finished its work, was read with note that it did not answer the City's protest: (2) Letter from Mr. Phil Durant concerning matter of paying delinquent personal property tax bill was read and action at the close of the meeting here recorded for clarity of record: Clm~ Willburn - "I move that we honor the request of Mr. Phil Durant." Seconde~ by Clmn. Urbach. Vote - Unanimous yes. Item 6(3) - Letter from the IOOF Lodge asking to be deleted from the forthcoming foreclosure list and promising to pay small monthly payments if this was granted, was read. Action taken at the end of the Council' Meeting here recorded for clarity of record. The Council discussed this request with sympathy for the financial difficulties of the Lodge, re- alizing the street level rental had been unoccupied for a number of years, except for the Teen Town activities and some members favored granting the request while others thought it should be forwarded to the Borough. The City Clerk advised that the City could not remove some properties from the foreclosure list and foreclose against other properties: that the protection of the property owner lay in the right of redemption dur- ing the foreclosure proceedings or the right of re-purchase after. The Manager summarized the Council's discussion and instructions that he should answer that the foreclosure had proceeded to the stage where the City can not handle the request, as the foreclosure roll has gone to the Borough and that the Council recommended the Borough work out something with the Lodge. 6(5) - Official notification of the Alaska Municipal League Convention and Annual Business Meeting which will be held in Sitka October 25 through 28, 1967. Item 7 - Ordinances, Resolutions and Other Action Items - (1) - Ordinance No. 361, Establishing a Curfew, Parental Responsibility and Defining Hours, Places and Penalties For Violation of This Ordinance. Repealing City Ordinance No. 304 was read in full for the first time. Clmn. Leirer suggested restricting the"guardian" in Section I, to the "Legal" guardian. Clmn. Skinner arrived at this time. This addition was approved. Clmn. Smith - "I move that this be the reading of Ordinance No. 361". Seconded EY-Cl~. Willburn. Vote - Unanimous yes. Item 7(2) - Resignation of Clmn. W. J. Lantz from the City Council effect- ive Election Day 1967 was read. resignation of Clmn. Lantz per Vote - Unanimous yes. Clmn. Urbach - "I move we accept the the letter." Seconded by Clmn. Skinner. Item 8 - Reports from the Borough Assembl~ - Possible large scale manufacture of fertilizer from lime deposits near Kenai: Trailer Park Ordinance adopted after many changes from presentation: Borough election procedures updated including re-apportionment of Assembly: Ordinances for the Borough Chairman's salary and Assemblymen's per diem was passed: School construction program discussed in detail including authorization to purchase land for the new Seward school: Status of the Industrial Tax Exemption procedures study: Introduced Service Area Procedures Ordinance: Introduced Assembly Meeting Procedures Ordinance: Homer school water problem and apparent solution: Status of personnel rules and regulations study: Budget foremat adopted: Fourteen miles of road from Seldovia to meet ferry reviewed: Borough Comprehensive Plan ready for Phase II: ~ti VOL 13 REGULAR MEETING SEPTEMBER 5 - 6, 1967 The proposed Special Service District north of Kenai for hospital tabled: Report and resignation of the Borough Economic Development Committee Chairman received and the appointments to the Advisory Committee to be taken up later: The Over-all Economic Development Plan Report from that committee not yet received by the Assembly: Various Borough budgetary and financial transactions: Conferences concerning juvenile delinquency in the Borough: Water polution problems in the Borough: The Assembly recommends the Agricultural Revolving Fund be funded again as it was not funded last year. Item 9 - Reports from the City Manager - (1) the Special Meeting at 2:00 p.m. September 8, Council of the Special Study Meeting with the september 11: Reminded the Council of 1967: (2) Reminded the Longshoreman's Union on 9(3) - The Manager requested discussion regarding re-building of the old Airport Road, particularly whether the east end was to go through the new ARR dock and if not, how access was to be had in the area east of the dock and between the airport runways, as he had an inquiry con- cerning access from a property owner in that area. Mayor Kirkpatrick advised that the road was to end at the west side of the Alaska Rail- road Dock and there was supposed to be another road coming in east of the airport. Clmn. Smith noted that there had been concern about the loss of that road after the earthquake, and the several known private property owners were reviewed. Mayor Kirkpatrick recalled there had been discussion concerning the road and that the Alaska Railroad had refused crossings of the dock area but had agreed to work with the City for State construction of a replacement road for access into that area and that he understood that it was to come off the Nash Road and be part of the re-building of the Nash Road. f(f)That h~ had become aware of the old cemetary northeast of town as he had received an offer for the timber on that land and requested Council's advice concerning this, as he felt the area should be brushed out and protected if there was still a cemetary there. Mrs. Pat Williams was in the audience and advised that most of the bodies were mared to the new location when that old cemetary was abandoned due to the flooding conditions, but also that she though General Doolittle's father and Mrs. Lowell are still buried in that cemetaryand that she could help locate those two graves. The City Manager briefly discussed plans for organizing.,_ and administrating the use of the present cemetary and to study and possibly remedy the situation pertaining to the old cemetary, as he thought both were in need of attention, and hoped to accomplish such before next Memorial Day. 9(5) - That the Electric Department Employee's request for wage in- crease had come up again, and, as discussed in work session, he had in- formed the Union that there could be no raise at this time until such time as the Electric Dept. is in better financial condition: that he just could not recommend a wage increase under present conditions such as power sales decrease of over $3,000 in comparing the month of July. Power sales for July 1966 equal $34,644 - for July 1967 $31,423: that he had heard nothing further from the Union. 9(6) - That the tour of recreational facilities constructed and operated by the U.S. Forest Service was very informative and excouraging as an indication of what can be accomplished to increase this industry. 9(7) - That Mr. Schallerer had called on him that day with offer to sell Lot 26 in Block 16 of the Original Townsite to the City and was speaking of an assessed valuation of $3300: that the Seward Volunteer Fire Dept. owns Lot 25 and theCity owns Lot 27 - 30 and the south 2 feet of Lot 31 inclusive in this Block, which is the Fire Station site, and that he had advisijd Mr.fschallerer that the City does not have any re- sources for/agMI~~g~~lOproperty though it might be desirable for the City to have that lot. Mayor Kirkpatrick reviewed that the City had made an offer in 1964 when it was thinking of purchasing the south end of the block to construct a consolidated civic center but that it had not worked out and further the City has now sold Lots 21 and 22. The I I I REGULAR MEETING SEPTEMBER 5 - 6, 1967 SPECIAL MEETING SEPTEMBER 8, 1967 ~'",' <t~ , VOL 13 City Manager recommended that the property not be purchased due to the financial condition of the City, and after discussion the Council con- curred except that it was thought it would be good to have the property but that it was not possible to do so at this time for lack of funds and committments to other obligations for the next 24 months or so. 9(8) - The City Manager presented several insertions and changes to the proposed harbor ordinance which the Council had and advised that it would be included on the next agenda. Item 10 - Council Discussion - (1) The Council had no recommended changes to the proposed harbor ordinance: (2) The Council had no changes or recommendations regarding Alaska Municipal League policy statement: (3) Mayor Kirkpatrick advised that he had been invited to speak on the panel, "The Future of The League" and his answer had been that if he was in attendance he would be happy to do so. 10(4) - Clmn. Leirer asked for report on the status of property sale to W. J. and Donna Lantz. The Manager advised that the Deed of Trust had been worded by he and Mr. Lantz and sent to Mr. Lantz for his review, also sent to the City Attorney for his review, and that he understood on Mr. Lantz' next layover that it would be signed. 10(5) - Clmn. Smith inquired regarding claim for property damage by Nevill Hodson and the Manager advised that Mr. Hodson had the paving laid except for a strip over the water main costing about $160 which the City had paid for. 10(6) - Status of the Cameron suit for additional payment on the Fire Station construction and punitive damages - that he hadn't heard anything more on the suit. 10(7) - Alaska House abatement of hazards and demolitian - the Manager advised he had not taken any further action. 10(8) - Morgan suit for property damages - The Manager advised no further action on that item. 10(9) - Clmn. Smith asked for the status of legislation proposed last year whereby the State would require the Borough to take over additional services and the Manager advised he would attempt to locate the legisla- tion and its status. Clron. Willburn moved for adjournment and Mayor Kirkpatrick declared the meetinq adjourned at 10:25 p.m. &-d~~ ~_ Z:U~-d- Beatrice E. Watts City Clerk-Treasurer ic4 ..-- " A J /'1 ,tJ"v ','t::r~/ R. w. Kirkpatr~ck Mayor - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIAL MEETING SEPTEMBER 8, 1967 A special meeting of the Seward City Council for the purpose of consider- ing and acting upon bids for the purchase of $162,000 principal amount of general obligation bonds of the city for the purpose of providing part of the funds to construct and install certain additions and improvements to and extensions of the small boat harbor of the city, and to consider and act upon any other related business which may properly be brought be- fore the City Council at such time and place, was called to order at two o'clock p.m. on September 8th, 1967 by Vice Mayor E. G. Skinner. Roll was called and those present were: Vice Mayor E. G. Skinner, Councilmen Tom P. Smith, Herman E. Leirer and Lawrence Urbach. Mayor R. W. Kirkpat- rick and Councilmen Maynard Willburn and W. J. Lantz were absent. The City Manager was present. Vice Mayor Skinner noted that the bid opening was advertised for 2:00 p.m., September 8, 1967 and that hour had arrived. The City Clerk-Treasurer 9S VOL 13 SPECIAL MEETING SEPTEMBER 8, 1967 REGULAR MEETING SEPTEMBER 18, 1967 advised that the bid from the united States Government was the one and only bid received and that there was no mail in the u.S. Post Office identified as a bid for this opening when she had checked with postal officials just before 2:00 p.m. that day. The Government's bid was then read in full as follows: Government Bid For Bonds - project No: 07-1-00089 - Borrower: City of Se,ward, Alaska - Location: Seward, Alaska. To: Mrs. Beatrice E. Watts, City Clerk. Reference is made to the $162,000 City of Seward, Alaska, Gemeral Obligation Bonds, 1967, advertised for sale in The Bond Buyer. The Government hereby bids par plus accrued interest at the rate of four and one eighth per centum per annum, (4 1/8%), for the entire i~;sue, or for any block or combination of Bonds as advertised. The bid i~; submitted subject to the provisions of the Loan Agreement, dated Nov- en~er 2, 1966, between the City and the Government. This the thirtieth dclY of August, 1967. U. S. Department of Commerce, Economic Development Ac~inistration. By: V. W. Cameron, Area Director, Western Area Office, Economic Development Administration. Re!solution No. 653 was then read in full as follows: RESOLUTION NO. 653 BE: IT RESOLVED that the offer made by the U. S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION dated August 30, 1967 to purchase $162,000 general obligation bonds of The City of Seward, Alaska for the St~ of par plus accrued interest at the rate of four and one-eighth per cemt (4-1/8%) per annum to be sold to furnish part of the financing for Seward Municipal Boat Harbor Improvements, EDA Project No. 07-1-00089 be! and is hereby accepted and the sale of such bonds is hereby awarded to the aforenamed. This Resolution to be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska this 8th day of September, 1967. C1mn. Urbach - I move we adopt Resolution No. 653. Seconded by Clmn. Smith. Vote by roll call - Unanimous Yes. Clmn. Smith moved for adjournment and Vice Mayor Skinner declared the meeting adjourned at 2:12 p.m. ~ ~lJ ' < -, l-1/{'~ R. W. K~ kpatr~ck Mayor tJp~~~- -S~~C;z~ Beatrice E. Watts City Clerk-Treasurer REGULAR MEETING SEPTEMBER 18, 1967 The regular meeting of September 18, 1967 was called to order at 7:40 p.m. by Mayor R. W. Kirkpatrick. opening ceremony, Pledge of Allegiance To The Flag, was led by Clmn. Urbach. Roll was called and those present were~ Mayor Kirkpatrick~ Councilmen Lawrence Urbach, Herman E. Leirer, E. G. Skinner, Tom P. Smith and Maynard Willburn. Councilman W. J. Lantz was absent. The City Manager was present. Item 4 - Minutes - All members present having read the minutes, page 19 to 24 inclusive, volume 13 - Clmn. urbach - "I would move that we approve the Minutes, Page 19 to 24." Seconded by Clmn. Leirer. Vote - Unanimous ~ Item 5 - No citizen has requested audience of the Council. Item 6 - Communications - (1) Letter from Admiral Scullion, USCG express- ing appreciation for the hospitality and tour of Seward during his recent visit. letter ;6(2) - September 6, 1967/from Japanese and American Development Co., Inc. I I I REGULAR MEETING SEPTEMBER 18, 1967 99 giving notice of intent to take up its option for the old Alaska Rail- road Dock and Berth No. 2 property as soon as the City has received the property from the U.S. Government, and the City Manager noted that the situation was still the same as at the time of first receipt of the re- quest, which is that the City does not own the property. 6(3) Letter from Resurrection Bay Shipyard Company requesting use of the property from the waterfall to the high-risk area for a ship-building yard and signed by Mr. Oliver J. Amend, was read. 6(4) Letter from Mrs. William H. Seward III, expressing regret that her trip to Seward had had to be cancelled and transmitting $100.00 to be used as the Mayor chose and in connection with the earthquake disaster was read. The discussion under Item 10 recorded here for clarity for record. The Mayor suggested that it be used to help buy the bronze placque on which the names of those who lost their life during the March 27, 1964 disaster are to be inscrilEd and installed in the base of the flag pole at the Seward Municipal Harbor and after discussing a few other possibilities, it was decided to allocate the gift for that use. Item 7 - Ordinances, Resolutions and Other Action Items - (1) Ordinance No. 362, An Ordinance of The City of Seward, Alaska, Relating To The Rules and Regulations of the Seward Small Boat Harbor in General and The Municipal Small Boat Harbor~ Establishing Provisions for Charges and Rates; Prescribing Offenses and Penalties For Violation of Same~ Establishing The Posisition of Harbormaster and Prescribing the Powers and Duties of the Position~ Repealing Any and All Ordinances or Resolutions In Conflict Herewith, Specifically Ordinance No. 343, was read in full, including Declaration of Emergency and provision for Waiver of the Rules and Passage on First Reading. Clmn. Leirer asked if heating fires on boats were intended to be prohibit- ed under Section 17 and the City Manager and Mayor advised that they were except under the provisions provided by Section 17. Clmn. Skinner re- quested discussion on the manner of applying, and the effectiveness of, Section 22 in securing reimbursement for damage done to City or State property by a vessel, and the circumstances involving, on the one hand a responsible skipper who would report and pay for any damage, and on the other hand a skipper who might not report and might be without either insurance or financial ability to pay for damage was discussed, with the ultimate responsibility for observing and documenting any damage residing with the Harbormaster and the responsibility for collecting same with the City. It was discussed that city personnel should observe arrivals and departures of all large vessels and that costs of repair to the harbor facility be reduced to standard unit costs to be included in the published agreements for use of the harbor rather than attempt to handle each damage on an individual basis. Clmn. Leirer advised that these were all good ideas but that he thought the City would not be adequately protected from loss due to damage caused by irresponsible persons who had neither insurance nor assets and would like the Ordinance to require a person to report any damage and to remain in the harbor until it was settled. The City Manager advised his thought that such would be in- cluded under the requirements of Section 5. Mayor Kirkpatrick asked the Manager if he intended to draw together these matters in the Rate Resolu- tion and Administrative Forms and the Manager advised that he did. The following amendments were agreed to. The word "constructed" in the fifth line of section 15 should be "construed"~ the word "demands" should be added to the end of the first sentence in section 7. Clmn. Willburn asked why this ordinance was presented for emergency passage and the Manager explained that he needed to have the ordinance in order to commence work on the Rate Resolution for the new boat lift and the new dock facility which will be completed very soon, and that there were a number of other things called for by this ordinance which were needed as soon as possible. Clmn. Leirer asked if the time limit mentioned in Section 25 would be set toU VOL 13 REGULAR MEETING SEPTEMBER 18, 1967 Eo:~:h in the R~solution and the Manager said that they would be, and explainede~~.5H~nt needed in the instances of an emergency, also tha: the Resolution would provide for charging for services under eme~qency conditions, and all other services of any type, and that each l?er:3on applying for space in the harbor would receive all of this infor- mat Lon. elmn. Leirer advised that he would like to see the word "dock" inserted in -:he description of prohibited areas in section 31, but it was thOllght that the definition of the Small Boat Harbor clarified that seci:ion. C1OO1. Willburn asked the City Clerk if the agreed to amendments were re- corded and she advised they were. PagE~s 100A - lOOK Inclusive, Ordinance No. 362 attached hereto and made a part hereof. Clmn. Willburn - "I move that we adopt OrdinancE:! No. 362 under the EmeJ~qency provision"! Seconded by Clmn. Smith. Vote - Unanimous~. Mayor Kirkpatrick declared recess and reconvened the meeting with the sanll~ members present as were present before the recess. Iterl 7(2) - Receive report from Steering Committee to study alcoholism in Beward - this was postponed until a later hour for the arrival of the Cha:.rman of the Committee. Iten 7(3) - Ordinance No. 361 - Establishing a Curfew, Parental Responsi- bil:.ty and so forth and repealing Ordinance No. 340 was read the second timn by number and title only with note that the only change from the ord:.nance as presented was the addition of the word "legal" to define care and custody in section 1 as ammended at the first reading. Clmn. Wil:.burn, - "I move that we accept this as the second reading of _ Ordin- anCE~ No. 36~_!" Seconded by Clmn. Urbach, Vote - Unanimous yes. Iten 7(4) - Resolution No. 654 was read in full as follows: RESOLUTION NO. 654 WHE1 ffiAS, the utility revenue bond refunding program must be postponed until conditions favorable to such refunding are rebuilt; and WHElillAS, Governmental Statistical Corporation had answered the City's request for an offer to serve as financial consultant to the City in such refunding, and the offer was dated March 18, 1964, and was not actE~d upon; and WHElillAS, Governmental Statistical Corporation was employed by The City of Beward to serve as financial consultant for programs relating to the ear1:hquake-tsunami disaster including re-sale of the street improvement bonds, and the over-all financing of the Municipal Small Boat Harbor im- provements project: and WHElillAS, these project are complete or nearly complete, and current revenues of the City are greatly diminished; NOW" THEREFORE, BE IT RESOLVED that the arrangements between The City of Seward and Governmental Statistical Corporation for that firm to serve as financial consultant to the City of Seward be, and are hereby, termin- ated. This Resolution shall be effective on the date of passage and approval. Pas:3ed and approved by the City Council of The City of Seward, Alaska this 18th day of September, 1967. Mayor Kirkpatrick asked if this would completly close this arrangement and the Manager advised that it would, and would leave the City open to entertain offers from this firm or anrther firm; that the City does not page lOOA of Vol 13 of the council Mi~te~. I ~a~t of Page lOO~ B.E.Watts,City Clerk AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, RELATING '1'0 THE RULES CITY OF SEWARD, ALASKA ORDINANCE NO: 362 AND REGULATIONS OF THE SEWARD HARBOR IN GENERAL AND THE SEWARD MUNICIPAL SMALL BOAT HARBOR; ESTABLISHING PROVISIONS FOR CHARGES AND RATES J PRESCRIBING OFFENSES AND PENALTIES FOR VIOLATION OF SAME: ESTABLISHING THE POSITION OF HARBOR MASTER AND PRESCRIBING THE POWERS AND DUTIES RELATING TO THE POSITION: RE?EALING ANY AND ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH, SPECIFIC- ALLY ORDINANCE #343. THE CITY OF SEWARD. ALASKA ORDAINS: SECTION 1: HARBOR BOAT AND MOORAGE CODE: This Ordinance shall constitute the "HARBOR AND BOAT MOORAGE CODE" of the City of seward, Alaska, and may be cited as such. SECTION 2: DEFINITIONS: For the purpose of this Ordinance the following terms, phrases and words shall have the meaning given herein. When not inconsistent with the contex, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word SHALL is mandatory in all cases. 2 (a) BEAM: The greatest overall width of the vessel including booms, spars, gins or any fixed protruding object. 2 (b) DERELICTS: Any boat or water borne craft moored or otherwise located within the boundaries of the SEWARD HARBOR which is forsaken, abandoned, deserted or cast away, or which in the opinion of the Harbor Master or any recognized Marine surveyor is unsound, unseaworthy and unfit for its trade or occupation and which by any substantial evidence of neglect may be considered abandoned. 2 (c) HARBOR MASTER: That person appointed to the position of Harbor Master, by the City Manager. This person shall be responsible to the City Manager for all harbor operations page lOOtJ of vol l~ ~nCil Minutes, A Part of page lOO.~~~ ,BEwatts,c.Clerk and the enforcement of the provisions set forth in this Ordinance or any resolution of the City Council. He shall be a member of the City of Seward Police Department under supervision of the Chief of Police or City Manager. 2 (d) HARBOR OFFICE: That building located in the vicinity of the Seward Small Boat Harbor where operations and business of the harbor is transacted. 2 (e) LENGTH: The term LENGTH used herein shall mean the overall length as measured from the furthermost forward por- tion, including booms, spars, gins, or any fixed protruding object to the furtherest after position of said vessel including booms, spars, gins or any fixed protruding objects. 2 (f) LOCAL BOATS: Any vessel operating out of the Port of Seward and whose owners or operators are residents of the Seward area. 2 (q) NUISANCE: Any water borne craft which is not maintained in a seaworthy condition. Any boat, vessel or water borne craft improperly moored or not kept pumped and is in danger of sinking or causing damage to other craft or City or State property. 2 (h) SEWARD HARBOR AREA: All salt water or tide water lying within the corporate limits of the City of seward. 2 (i) SEWARD MUNICIPAL SMALL BOAT HARBOR: That area of water protected by breakwaters constructed by the Federal Government and by the mean higher high water of the shoreline of the areas protected by said breakwaters, including docks, floats, berths and other mooring facilities as well as the uplands abutting said areas. 2 (i) SEWARD HARBOR UPLANDS: Those lands above HIGH WATER line which abut the Seward Harbor Facilities. 2 (k) TRANSIENT BOATS OR FLOAT PLANES : For the pur- pose and intent of this Ordinance "Transient Boats or Float Planes" shall mean those boats, water borne craft or float plane operating out of the Port of Seward and not having a rented or - 2 - .age lOoC!-- of Vol l~ncilllinute., A .art o~'age 100. . , BZWatts,c.Clerk designated berth. 2 (1) VESSEL: Any boat, motor boat, ship, aircraft, when water borne, boat house, floats, scows, rafts, pile drivers, or any floating structure or object used for recreational, commer- cia!, industrial or any other purpose upon the waterways, or moor- ing at any place in any waterway within the corporate boundaries of the city of Seward. 2 (m) VESSEL OPERATOR: Any person who is in actual physical control of a vessel as defined herein. 2 (n) WATERWAY: Any waterway, lake, river, tributary or lagoon within the corporate limits of the City of Seward. SECTION 3: EXERCISE OF COUNCIL POWERS: This Code shall be deemed an exercise of the powers of the City Council of The City of Seward, Alaska, for the protect- ion, safe-guarding, orderly moorage and control of vessels, and for the protection and general welfare of the public, and all of its provisions shall be liberally construed for the accamplish- ment of that purpose. SECTION 4: AUTHORITY TO BOARD: The use of any City-owned or operated mooring facility or waterway lying within the corporate limits of the City of Seward, Alaska, automatically gives permission to the City per- sonnel to board vessels for the purpose of enforcing this and other City ordinances, and to move said vessel as necessity or emergency requires. The City assumes no liability for loss or damage to vessels, equipment, appurtenances, tackle, provisions, mooring lines, or any gear, supplies or any article attached or related to said vessel or for the movement thereof. SECTION 5: DUTY OF BOAT OWNER: Every act or statement required to be made by a vessel owner or agent of such owner shall be made by the owner in person, or if by any agent the necessity thereof shall be stated and shown, provided that the operator or captain of any vessel shall, for the purpose of this Ordinance, be considered the legal - 3 - .a98 100.& of Vol U.,-9-Cihtlt QqIlncil Jlinut.., A .art of .a98 100.~~~~,8BWatt.,C.Cl.rk agent or owner. It shall be the duty of the operators of all vessels using the facilities in the Seward Boat Harbor to register with the Harbor Master giving the name and owner and other infor- mation as may be required. SECTION 6: MOORING CHARGES: A schedule of mooring charges shall be established by Resolution of the City Council of The City of Seward, Alaska, and shall be subject to review as occasion demands. The Harbor Master shall keep an up to date list of all charges posted in the office at all times. SECTION 7: SERVICE FEES: Fees for services performed by the Harbor Master shall be established by the City Council and shall be subject to review as occasion demands. The Harbor Muter shall maintain an up to date listing of all charges posted in the Harbor Masters Office at all times. SECTION a I LIENS: All fees and other approved charges, due and unpaid, shall became a lien against the boat or vessel. SECTION 9: HARBOR MASTER: A Harbor Master, under the direction of the Chief of Police or the City Manager, shall supervise and manage all Harbor facilities operated by The City of Seward. Be shall be a member of the Seward Police Department and shall have authority and jurisdiction throughout the City of Seward the same as other Police Officers. Be shall maintain such records as the City Manager may require and submit same to the City Manager's office. SECTION 10: ENFORCEMENT OF ORDINANCES: The Harbor Master is charged with the duty of enforcing all of the provisions of this Ordinance, and any rules or regula- tions adopted hereunder, and is hereby empowered to do so. In the performance of such duties he shall have all of the powers of a Police Officer of The City of Seward. - 4 - hg. loo..L..or Vol l~~'"P~~'h. CQ(mc1l II1n\&t:.., A PUt: of .ag. 100.' - . ,aarat:t:.,C,Cl.:r1l SECTION 11: RESTRICTION AS '1'0 SPEED: It shall be unlawful for the owner or operator to navigate any vessel at such speed within the waterway that there is wake, wash or wave action which will damaqe, endanqer or cause undue distress to any other boat or occupant thereof regoardless of established speed limits. Harbor speed limits shall be posted in the small Boat Harbor. SECTION 12: RECKLESS OPERATION: No person shall operate a vessel in a reckless manner so as to endanqer, or be likely to endanqer, life or property or any person or object in the waterway. SECTION 13: U.S. COAST GUARD REGtJIA'l'IONS: No person shall operate a vessel within the waterway which does not meet all applicable requirements of the U.S. Coast Guard. The U.S. Coast Guard rules and regulations are hereby adopted as a part of this Ordinance the same as if they were specifically printed in this ordinance. SECTION 14: OPERATING UNDER INFLUENCE OF ALCOHOLIC BEV- ERAGES AND NARCOI'ICS: No person shall operate a vessel in any waterway While under the influence of intoxicating liquor, narcotic drugs or opiates. SECTION 15: AUDIBLE SIGNAL USE: No person shall use any siren, whistle, horn or other noise producing or noise amplifying device, on a vessel, in such a manner that the peace, property and good order of the neighbor- hood is disturbed. Provided, however, that nothing in this Ordin- ance shall be construed' to prohibit the use of whistles, bells or horns as signals as required by the U. S. Motor Boat Act or other federal law, or COast Guard regulation for the safe naviqa- t10n of the vessel or persons thereon. SECTION 16: TAMPERIJitG WITH FACILITIES AND APPUR'.l'EIJAHCBS PROHIBITED: No person shall tap, connect, disconnect, interfere - 5 - with any water outlet, water pipe, water conn~tion, telephone equipment, electrical outlet, or electrical device of any kind in stalls maintained or operated by The city of Seward in the Seward Harbor without first having obtained the permission of the Harbor Master; or to interfere with or tamper with any wharf, float, gang plank, ramp or any facility operated by The City of Seward. No person shall write or post any written or printed matter in any place within the Seward Harbor except upon the bullet- in boards constructed for such purpose and then only after having obtained permission from the Harbor Master, which permission shall be in writing and signed by the Harbor Master. SECTION 17: UNATTENDED FIRES PROHIBITED: No person shall leave any vessel within the Seward Harbor unattended while fire or flame is burning thereon, any such fire or flame shall be deemed unattended unless the owner or operator is within 100 feet of the vessel, or some person in attendance over the age of 18 years and capable of moving the vessel is aboard or within 100 feet of the same. SECTION 18: UNATTENDED ANIMALS PROHIBITED: No owner or person in charge of any dog or animal shall allow such dog or animal to run at large within the Seward Small Boat Harbor. SECTION 19: HARBOR UPLANDS: No person shall use any portion of UPLANDS abuting the SEWARD HARBOR for purposes of storage of equipment, boats, trailers or other appurtenances without first having secured the permission to do so, in writing, from the Harbor Master, except those areas designated and posted with signs giving such designa- tion. Such permission shall give dates permission is granted, purposes for which permission is granted and all conditions under which permission was approved. SECTION 20: SPORT FISHING PROHIBITED: No person shall sport fish from any dock, float, ramp or any mooring facility operated by The City of Seward located - 6 - I1:l III <Q m l-' o o 1'1\ o Hl <: o l-' l-' W o Hl g: m () o ~ ::l o 1-" l-' :;i: 1-" g rt (l) (Jl ~ ~ I1:l III H rt o Hl I1:l III <Q (l) l-' o o . ~ \:P (l) III rt H 1-" o (l) t:<:l . ~ III rt rt (Jl ~ () 1-" ~ () l-' m H ;>;' I 1-3 H . within the breakwater protecting the Small Boat Harbor. SECTION 21: SEAPLANE RAMP: A seaplane ramp is provided for the non-exclusive use of transients and local aircraft without charge. When all avail- able ramp space is occupied, aircraft must obtain mooring space other than on or adjacent to mooring space provided for vessels other than air craft. SECTION 22: LIMITATIONS: Any vessel exceeding in overall length or draft which as a result thereof shall endanger itself or other property shall enter the Seward Small Boat Harbor at owner's risk: the City being saved harmless in the event such vessel is damaged by touching bottom, or floats, or docks, or other property within the Seward Small Boat Harbor. SECTION 23: FLOAT ASSIGNMENT: Float assignments and other mooring spaces shall be designated by the Harbor Master and his decision shall be final. The Harbor Master shall maintain an up to date Berth Assignment Record at all times. SECTION 24: SKIFFS TIED ALONGSIDE OR ASTERN: No vessel moored within the Seward Small Boat Harbor shall have a skiff, scow, raft or any other vessel tied alongside or astern or ahead except when actually in use for effecting re- pairs or maintenance upon the vessel. SECTION 25: SERVICES OF THE HARBOR MASTER: f! ! authority to, from time to time as circumstances require, and with- * . out any obligation or liability on his part or that of the City The Harbor Master is hereby granted the power and for his failure to do so, replace defective mooring lines, attach additional mooring lines, pump vessels which are in a dangerous condition for lack thereof, and to move any boat for the purpose of protecting such boat from fire or other hazard or for the pro- tection of other vessels or property therefrom. Whenever the Harbor Master shall perform or cause to be performed any of the - 7 - If .! RI .... o o Ik o HI < o .... .... w o HI {f n ~ .. .... s. j;: rt' RI l'Il . >' ! rt' o HI .. .! II) If III " .... n .. rill . f rt' rt' . . n .... 4 actions herein above authorized or other emergency actions, after having given notice to the boat owner or operator at the registered address of the immediate need thereof, or having attempted to give such notice within the time limits prescribed, a fee as establish- ed by Resolution of the City Council shall be assessed to said boat owner and shall become a lien upon such boat until paid. SECTION 26: GRIDIRON: The Gridiron in Seward Municipal Small Boat Harbor is open to the public on a first come-- first served basis, in accordance with a list maintained by the Harbor Master. Gridiron rental rates shall be established by Resolution of the City Coun- cil and shall be subject to review as occasion demands. No per- son shall affix his vessel to the Gridiron or appurtenances there- to without first having obtained written permission from the Harbor Master. SECTION 27: FLOATS AND DOCKS: All floats, docks, ramps and approaches thereto shall be kept free and clear of any objects or items that are not appurtenances to the floats, docks, ramps and approaches thereto. Any such items found on the floats, docks, ramps and approaches are subject to impoundment. Impounded items will be released after proof of ownership and payment of the impounding fee as established by the City Council. Items not claimed within six (6) months after impoundment may be sold by the City and the proceeds of such sale shall be deposited in the Seward General Fund. SBCTION 28: GARBAGE DISPOSAL: No person in charge of or occupying any vessel shall dump or throw garbage, paper, bottles, cans, refuse or any debris or jetsam into the waters or onto the floats of the Seward Munici- pal Small Boat Harbor. The Harbor Master shall provide garbage containers of sufficient size and number and located on the load- ing dock or near the loading dock or approach ramps to the floats for collection by the garbage contractor. -- 8 - 1 ID .... Q Q I~ 0 HI -a .... .... IN 0 HI i ~ n ... .... i! ~ rt ID lD .. )r ~ rt 0 HI .. ! III ~ .. ,'t'" .. , ~ ~ r &l i DlI . I ... ... . . fl 4' ~ = i . , SECTION 29: PUMPING OF BILGES PROHIBITED: No person shall pump bilges containing oil or garbage within the confines of the Seward Municipal Small Boat Harbor. SECTION 30: CLEANLINESS OF FLOATS: Owners or persons in charge of or occupying any vessel shall at all times keep the floats and premises adjacent to such vessel in a neat and orderly condition, free from trash, refuse, garbage, repair parts, machinery, equipment and debris of all kinds, and no inflamable materials shall be stored or placed in any position that will endanger facilities or equipment. SECTION 31: INFLAMABLE MATERIALS: Owners or persons in charge of any boat or water borne craft moored in, or being serviced in the Seward Municipal Small Boat Harbor, shall at all times use extreme caution while using inflamable materials such as paint remover, gasoline or other combustible or inflamable items. No reserve supply of gaso- line shall be stored on any float, ramp or approach in the Seward Municipal Small Boat Harbor and neither shall empty gasoline drums or containers of any type be left on any float, ramp or approach. SECTION 32: FLOAT BUMPERS: It shall be unlawful for any person to attach any float bumper to any facility in the Small Boat Harbor, without first having secured the permission of the Harbor Master. Bumpers shall be installed in compliance with plans and specifications available in the Harbor Masters office and all bumper materials shall be of approved type. SECTION 33: LOADING DOCK: The loading dock in the Seward Municipal Small Boat Harbor is open to the public: moorage at said dock is limited to the period of loading and unloading operations only. SECTION 34: RElo'USAL: The Harbor Master may, in his discretion, when the mooring facilities are crowded, refuse mooring facilities to boat - 9 - I b o fP o HI ~ .... .... '" o HI i n ~ .... .... i go . .. )f ! It' o HI J ~ . . ! . .. t1 4 B a ~ . houses, floats, scows, rafts, pile drivers and other cumbersome floating structures, or to any boat, vessel or floating structure which is or may become or create a fire hazard or otherwise become a menace to the safety and welfare of other boats and their occu- pants. In the allocation of mooring spaces the Harbor Master shall give preference to local boats. SECTION 35: CITY MAY REFUSE MOORING FACILITIES: The City of Seward may refuse moorage facilities to violators of this code or persons in arrears of authorized fees and charges. SECTION 36: VIOLATIONS CONSIDERED MISDEMEANORS: Any person found guilty of a violation of this Ordin- ance shall be punished by a fine of not more than Three Hundred ($300.00) Dollars or thirty (30) days imprisonment~ or by such fine and imprisonment. SECTION 37: EFFECT OF INVALIDITY: " If any provision of this code or the application there- of to any person or circumstance is held invalid, the remainder of the code and the application of such provision to other per- sons or circumstances shall not be affected thereby. SECTION 38: EXISTING ORDINANCES REPEALED: Existing Ordinances in conflict herewith are hereby repealed. SECTION 39: EFFECTIVE DATE: In order to enable the City to immediately provide the 1 It ,,"' ,-,- ... r' ... ~ twi HI < c .... .... ~ o M\ (to l ,h, ~ ::I o .... 1-' ~ 6' r:: I"t ~ III .. )0 ! rt o HI I If i lI'J . I " " . .. n ... .: benefits of athis Ordinance, an emergency is hereby found to exist f affecting the proper and immediate preservation of the public peace,i welfare, health and safety, and this Ordinance shall become effect- · ive immediately upon its passage and publication as required by law. Publication of this Ordinance shall be made by posting a copy hereof on the City Hall bulletin board and by publishing a notice of the place of posting and a brief statement of the purpose of this Ordinance in a newspaper of general circulation - 10 - in the City within a reasonable time. PASSED AND APPROVE~~ Seward, Alaska, this /gt Attest: ~ ~ ~; ~-~ ~ ca-hLh--- Beatrice E. Watts City Clerk-Treasurer the City Council of The City of day of ~~~-1) , 1967. / /-. Ii (>---. / -, . \. -+-,. c ' ',(~/ . /i~'?-~~?I'.i!-v~;( R. w;. Kirkpatrick Mayor e. 11 - . ! ~ I- i-"'. ... ..::. I^ J !'11 -< (} - ... ... .) ,.,. r't' :;J' m ") Ci e o n ... l- ;:, ...' t:l f.'.: rt' A le .. :> l rt Q t'I\ '3 \0 " "t . f ,. ,. . .. () .... 4 B . " :f . I I I REGULAR MEETING SEPTEMBER 18, 1967 if/I. VOL 13 need the services of a financial consultant at this time and that he did not know who had replaced Mr. Sessarra with Governmental Statistical Services several months ago. Clmn. Urbach - "I would move that we ~ove Resolution No. 654." Seconded by Clmn. Smith. Vote - unanimous yes. Item 7(5) - Resolution No. 655 was read in full as follows: RESOLUTION NO. 655 BE IT RESOLVED that the following named persons, who are registered electors in the Seward Precinct of their residence and as below listed, are hereby appointed and shall act as Judge Inspectors, Judges and Clerks of Election for Seward Precinct No. 1 and Seward Precinct No. 2 as set forth below, at the General Municipal Election to be held on Tuesday, October 3, 1967: PRECINCT NO. 1 JUDGE INSPECTOR: Fr. Randall P. Mendelsohn JUDGES: Arreta L. Howell V. Jean Anderson CLERKS: Marion G. Offield Onnolee O'Brien ALTERNATE: Donna B. Lantz PRECINCT NO. 2 JUDGE INSPECTOR: Rev. Harley V. Cash JUDGES: Evelyn Empey Alice Evelyn Blair CLERKS: Lillian E. Dangler Virginia D. Fyles ALTERNATE: Dorothy M. McCart The City Clerk is hereby instructed to give written notice of appoint- ment and any and all instructions as required by Ordincnce No. 306 and No. 345 to the above named persons. This Resolution shall be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward this 18th day of September, 1967. Clron. Skinner - "I move that we adopt Resolution ~o~ 65~." Seconded by Clm~ Leirer. Vote - Unanimous yes. Item 8 - R~orts from the Borough Assemblymen - (1) That there had been no meeting since the last Council Meeting and that report would call attention to the sample ballots for the Borough election which are avail- able at City Hall, and calling particular attention to the Borough Chairman versus Manager proposition and the School Construction Bond issue. Clmn. Smith noted that everyone had received copies of the list of schools to be constructed under the bond program and under the surplus funds program. Mayor Kirkpatrick asked if there had been much discussion concerning inclusion of the $300,000 Borough Administration Building in the school bond program and Clmn. Smith advised th~re had not and that the reason for the inclusion was to inititate a cenralized accounting system for the Borough General Fund and the Borough School Funds. This lack of advance discussion and also the effort to move the Borough Seat without considering the prior vote of the people was discussed. Item 8 (2) - Clmn. Smith advised that he was publicizing his support of the Assembly - Manager form of Borough Government as he believed the Borough needed a professional administrator. Clmn. Leirer asked if the 10~ VOL 13 REGULAR MEETING SEPTEMBER 18, 1967 Manager form would result in higher costs and Clmn. Smith advised there was no reason why the Manager form should cost more. Item 8(3) - Clmn. Smith reviewed a resolution before the Assembly ask- ing for additional police, court, health, and so forth services and that these additional services were all for the Kenai - Soldotna area,and that he did not plan to support that resolution as he did not think the Borough should undertake these additional powers at this time and in this manner, especially without the power to do so or any system of accounting and charging expenses to the benefited areas, and the City Manager and Council concurred. Item 8(4) - Clmn. Smith was asked if the Borough intended to fore- close the property listed on the foreclosure list for delinquent 1966 and 67 taxes and Clmn. Smith advised that was the intent, and that he had advised them he did not concur in this. Mayor Kirkpatrick advised that he thought the City should take, or be prepared to take, action to protect the interest of the City tax payers and to force the Borough to use some responsible tax proce~dures. The several unfair and unlawful proceedures such as foreclosing for tax rolls in addition to those called for fo~losure. foreclosing in different ways against different persons, trying to foreclose for some of the current year taxes immediately after the delinquency date were discussed. Clmn. Smith advised that he would bring this subject before the Assembly again at the meeting to be held the next day and Mayor Kirkpatrick suggested that an emergency resolution be prepared stating the City's opposition and intent to protect the citizens of Seward, or to perhaps order a resolution to be drawn up under a certain number which could be approved at this time or presented to the next Council meeting, or even prepared and signed by each member. It was agreed that action should be taken if Clmn. Smith was unsuccessful in turning the Assembly from its present course. Item 8(5) - Clmn. Smith asked if there was any additional material the Council wished himto present concerning first-of-a-kind industrial tax incentive and there were none. The Council then turned to a discussion of area-wide Borough powers, particularly the apparent unworkable area- wide power of zoning enforcement and to some extent planning: the ten- dency of the Borough to expand into unauthorized areas which the people in cities are already providing and paying for and at the same time to continue the Borough levy at the same rate for people living inside and outside cities: the need for elective districts in order to secure adequate representation on the Assembly, and so forth. Item 7(2) - Received report from Steering Committee to study alcoholism in Seward - this item was taken up from postponement and as the Chairman was still not present, Mrs. Genevieve Schaefermeyer was requested to re- port to the Council. Mrs. Schaefermeyer reported that the committee recommended City action or involvement in education at all levels, treat- ment on the City level and in Legislation and control: that she was not prepared to discuss these things in detail at this time, as it was sugg- ested that the committee meet with the Council in some sort of Executive or closed session to report in detail. Mrs. Schaefermeyer explained that the recommendation to undertake education at all levels was already provided for by State law which says that the schools shall teach about alcohol and its uses, but the material is not used and the committee thought this was something which could be done right away. The other points were briefly discussed and Mrs. Schaefermeyer advised that the committee was eager to meet with the Council. Mayor Kirkpatrick suggest- ed a closed study session. The City Manager asked if there were State or Federal funds available to assist in these things and Mrs. Schaefer- meyer advised there were Federal funds for study by the State: that the State Legislation for study was passed in 1966 and she was not aware of any other State or Federal funds: that the new State position of Coordinator was filled in January 1967. Closed study session with this committee was set for 7:30 p.m. Friday, September 29, 1967. Item 9 - Reports from the City Manager - (1) That each member had re- ceived a copy of the proposed policy statement of the Alaska Municipal I I I REGULAR MEETING SEPTEMBER 18, 1967 1U3 VOL 13 Legaue with request to offer any suggestions as soon as possible. The Manager advised he had forwarded his suggestions; (2) Mayor Kirkpatrick suggested that reservations be made for a certain number of persons to attend the League Convention, with names to be supplied after the election Item 9(3) - The Manager noted that the City has not deeded any of the school land to the Borough and asked if the Council wished to have this accomplished; that some of our research work had been done and recommend- ed conveying with all restrictions presently on the title$. Clmn. Leirer and Skinner requested the present Elementary School site be retained as a play ground and the Manager advised that he would present this recommendation to the Planning and Zoning Commission: that as he under- stood the Borough Law the Borough was entitled to receive all of the school lands within the City on the date of Borough inception. Item 9 (4) - That the Corps of Engineers will look at Lowell Canyon Tunnel as soon as the water recedes sufficiently to do so and may be able to offer some assistance with maintenance before the spring of 1968. Item 9(5) - That the I.L.W.U. meeting, had been set up until next Monday and it has now been learned that that date is not good for either the union or the City, so that the meeting is now scheduled for Thursday, September 28th. Item 9(6) - That the Council had the August 31, 1967 Financial Statement and comparison to budget and asked if there were any questions. Clmn. Leirer asked about salaries in the Police Department and the Manager advised that practically all of this fiscal year the department had been operating with only two policemen which involved considerable overtime and pay and that with the close of the Salmon Derby and the summer special activities that they had worked out a new schedule to reduce costs. Clmn. Smith asked if the same explanation applied to the salaries in the boat harbor and the City Manager advised this was true. Item 9(7) - That the contract documents on the Lantz property purchase would be signed by Mr. and Mrs. Lantz the following day if there was time while the ferry is in port. Item 9(8) - That he had conferred with representatives of the Economic Development Administration and the City's e~~i~e~infbfirm in connection with the application of additional funds fo~!~aU1~g~mfo~~~~~ne protection and so forth in the Small Boat Harbor and Mr. Lounsbury suggested that this be postponed until after the Airport Road - Seward Highway inter- section and dock road, including the intersection with Seward Highway, is being built: that Mr. Lounsbury will coordinate this for the City: to question advised that this supplemental application would also in- clude the two hoists to be placed on the dock. Item 9(9) -- Clmn. Leirer inquired about the progress of curbs, gutters, and under-ground drainage on Third Avenue:statu~ofdock road and the Manager advised he understood these projects were presently being drawn by the State. Mayor Kirkpatrick asked about the extension of Third Avenue from Railroad Avenue to the Marine Highway terminal and the Manager advised he had not discussed that item with the State but would do so. Item 9(10) - That the Seward office of Alaska State Housing Authority which has been handling the Seward Urban Renewal Project has been closed and that he was getting the information from ASHA to see the whole project and would present it to the Planning and Zoning Commission though he believed this would be just a formality as that group has seen all of the material before: and would be in discussion with the Council concern- ing the status of the project: that the remaining storage tanks on the old Standard Oil site have been sold and must be removed before the first of May 1968: that the old Peel House site has been zoned limited commercial to support the industrial area west of it. Item 9(11) - Work has commenced on the new site for the City's Marine 104 VOL 13 REGULAR MEETING SEPTEMBER 13, 1967 Fuel Float so that it would be ready for next spring. Item 9(12) - The Manager reviewed the flooding conditions on ~1r. Leirer's property north of Airport Road which was causing the City to lose a great deal of fill material at the north end of the Small Boat Harbor, especially during this time of high tides and heavy rains, and asked Mr. Leirer how he planned to correct this. Item 10 - Council Discussion - (1) The Council advised they had received many complaints concerning the condition of the streets and agreed that they were in very bad condition1 the Manager concurred that the condition was bad and advised that it was impossible to grade or smooth streets during periods of such heavy rain, as the work would actually further darr.age the streets. Item 10(2) - Clmn. Leirer called attention to debris collecting in the fish ditch between the culverts and recommended that it be removed to avoid a possible disaster1 also called attention to the inadequate culverts1 and to the very poor condition of the road to the City's sanitary land fill, and for which he had requested improvements several times in the past. Item 10(3) - Council asked the City Manager if Urban Renewal had sub- mit:ted the plans for the new Oceanview Subdivision to the Borough Planning Commission for approval prior to submitting them to the City and the Manager said they should not have done so but Clmn. Smith ad- vised he thought this was the proceedure being planned for. The Mana- ger advised these plats and plans should have local approval first and that he would look into it. Item 10(4) - Council inquired about the status of the Ronald Fox request to lease and the Alaska Marine Equipment request to lease in the Small Boat Harbor and upon hearing the status requested a compulation of the complete record for evaluation at the next meeting. Item 10(5) - Clmn. Smith inquired when the audit would be ready and the Manager advised it would be very soon and that the audits would be de- livered to the Council prior to the meeting for review of same. Clmn. Willburn moved for adiournment and Mayor Kirkpatrick_~ecla~e.E the meeti~g adjourned ~t 11:05 p.m. _tk-eZ~I~' ;f 'z//~ ,..::--- Beatrice E. Watts City Clerk-Treasurer -'wi. R. W. Kir Mayor REGULAR MEETING OF OCTOBER 2, 1967 The regular meeting of the Seward City Council to be held at 7: 30 p. m. October 2, 1967 was convened by the City Clerk in the absence of the Mayor and Vice Mayor at 7:40 p. m. Councilmen Lawrence Urbach and Maynard Willburn were present and they declared the meeting adjourned until 7:30 p. m. October 4, 1967 due to the lack of a quorum because of the Special Meeting of the Borough Assembly on the Council meeting night. - - ---- -- -- ---------- -- - --- - - - - -- --- --- -- - ---- SPECIAL MEETING OF OCTOBER 4, 1967 A special meeting of the Seward City Council for the purpose of canvassing the ballots of the General Municipal Election held on October 3, 1967 was called to order at 3:05 p. m. by Mayor Kirkpatrick, who was the only member of the Council present and he declared the special meeting adj ourned for lack of quorum until 7: 30 p. m. Wednesday evening, October 4, 1967, at which time the special meeting would be re- convened and after canvass of the ballots the business of the postponed regular meet- ing of October 2, 1967 would be taken up. The special meeting of October 4, 1967 for the purpose of canvassing the ballots of SPECIAL MEETING OF OCTOBER 4, 1967 VOL 13 ] n5 the General Municipal Election held on Tuesday, October 3, 1967 was re-convened by Mayor R. W. Kirkpatrick at 7:45 p. m. Roll was called and those present were: Mayor Kirkpatrick; Councilmen Herman E. Leirer, E. G. Skinner, Maynard E. Willburn and Lawrence Urbach. Councilman Tom P. Smith arrived about 7:45 p. m. Councilman W. J. Lantz was absent. The City Manager was present. I The Judge Inspector for Precinct No.1 and a Judge for Precinct No.2 were in attend- ance and after Mayor Kirkpatrick reviewed the procedure for canvassing ballots, the judges delivered the keys to the locked ballot boxes containing the voted ballots, un- voted ballots, poll books and tally lists to the City Clerk. The election materials for Precinct No. 1 were unlocked by the City Clerk and delivered to the Mayor. Clmn. Willburn, Leirer and the City Clerk canvassed the election results from Precinct No. 1 as follows; unused ballots were number 191 through number 500, the lowest numbered ballot cast at the polls of Precinct No. 1 was ballot number 15, so that 176 votes were cast in Precinct No.1. Clmn. Willburn read the final tally from Precinct No. 1 of the name of the office to be filled, the name of each candidate therefor, and the number of votes cast for each candidate and Clmn. Leirer and the City Clerk recorded same as set forth below. The election materials for P~inct No. 2 were unlocked by the City Clerk and de- livered to the Mayor. Clm;(.frtJrbach, Skinne:rand the City Clerk canvassed the election results from Precinct No. 2 as follows; the next unused ballot was number 678, the lowest number received was 501, so that 177 ballots were voted at Precinct No.2. Clmn. Urbach read the final tally from Precinct No. 2 of the name of the office to be filled, the name of each candidate therefor, and the number of votes cast for each candidate and Clmn. Skinner and the City Clerk recorded same as set forth below. I The list of names of the 14 electors who had received absentee ballots was delivered to the Mayor by the City Clerk; the 12 voted absentee ballots with a notarized list thereof wherein the City Clerk-Treasurer declared that the 12 absentee ballots were all of the absentee ballots received by 3: 00 p. m., October 4, 1967, and therefore eligible to be counted. Mayor Kirkpatrick requested Clmn. Urbach to check the list against the notarized certificate on the face of each envelope containing a voted absentee ballot and to give receipt for same as he was not involved in the election. Mayor Kirkpatrick then opened each absentee ballot with the face of the envelope down, removed the folded ballot from the envelope and then mixed up the ballots to preserve the secrecy of the vote. Mayor Kirkpatrick then requested Clmn. Willburn to read the office and name of candidate voted for from each ballot and Clmn. Skinner and Leirer to tally with the City Clerk. This was done as set forth below. CANDIDA TES: PRECINCT #1: PRECINCT #2: ABSENTEE TOTAL Mayor: R. W. Kirkpatrick 82 96 8 186 Alex Petrovich 62 49 1 112 Bill Lantz 1 1 J. H. Werner 3 3 Vance Hitt 1 1 Paul Stockard 2 2 Council - 2 Year Term: Oliver J. Amend 102 110 10 222 I Ronald E. Fox 28 13 2 43 John Galea 122 144 9 275 Phil Hardy 67 66 3 136 Ernest A. King ;:;3 48 1 102 James Pulhr 41 36 1 78 E. Gene Skinner 84 99 9 192- Harley Cash 1 1 John Hardcastle 1 1 Council - 1 Year Term: Bernard C. Hulm 78 72 3 153 Alan G. Pierce 32 32 64 Tom P. Smith 54 60 8 122 Frank L. Wooldridge 10 10 1 21 1 U(j VOL. 13 SPECIAL MEETING OF OCTOBER 4, 1967 TOTAL VOTES: Precinct #1 - 176 Precinct #2 - 177 Absentee 12 365 Total Ballots Voted Clmn. Skinner then read the combined total vote for each office and candidate as set forth above and those elected were - for Mayor, R. W. Kirkpatrick; for Two Year Term Council, John Galea, Oliver J. Amend, E. Gene Skinner; for One Year Term Council, Bernard C. Hulm. Mayor Kirkpatrick noted there were no tie votes nor close votes. Mayor Kirkpatrick requested a motion to accept the foregoing canvass of the results of the General Municipal Election held on October 3, 1967 to be certified as the official result of the election, that the records of the Election Boards be hereby accepted and that the afore named candidates be declared elected. Clmn. Urbach so moved. Seconded by Clmn. Leirer. Vote - Unanimous yes. Clmn. Skinner - "I move we adjourn this special meeting." Mayor Kirkpatrick de- clared the meeting adjourned at 8: 30 p. m. 'f?~~i;:;.c-~ ? wtLLt-.- Beatrice E. Watts City Clerk-Treasurer Ii " 'ti ' k) .. j;::~ R. W. I . kpatrick Mayor REGULAR MEETING OCTOBER 2 POSTPONED TO OCTOBER 4, 1967 The regular meeting of October 2, 1967 postponed until October 4, 1967 was called to order at 8:36 p. m. by Mayor R. W. Kirkpatrick. The opening ceremony, Pledge of Allegiance To The Flag, was lead by Clmn. Leirer. Roll was called and those present were Mayor Kirkpatrick; Councilmen Herman E. Leirer, E. G. Skinner, Maynard E. Willburn, Lawrence Urbach and Tom P. Smith. Clmn. W. J. Lantz was absent. The City Manager was present. Item 4 - Minutes - Partial March 20, 1967, page 25 - 77, closing July 24, 1967. Correction was requested in the 7th line of item 7.4 on page 25 from Senator Metcalf to Representative Metcalf. Clmn. Leirer - "I move for approval of the Minutes, page 25 through 77." Seconded by Clmn. Smith. Vote - Unanimous yes. Item 5 - Citizens Discussion and Public Hearings - No person had requested audience of the Council. Item 6 - Correspondence - (1) - September 18, 1967 letter from the City's Engineer regarding old Airport Road design, Industrial Subdivision planning, paving and tenta- tive schedule for progress was read. Item 6(2) - September 22, 1967 letter from Alaska Marine and Equipment Inc. , con- cerning continued interest in the lease of land in the Municipal Small Boat Harbor area and concerning the firm's views regarding the lease form, asking about avail- ability of water and sewer was read. Clmn. Willburn noted that the firm apparently still misunderstood the lease term as he continued to speak of a five-year lease. The Manager advised that he had made every effort to clarify this and that the standard lease form, which the firm had received, should make it very clear. Item 6(3) - Letter from the Director of Jesse Lee Home in Anchorage advising that the two land items concerning the Jesse Lee Home property purchase would be taken up by their New York office, was read. Item 7 - Ordinances, Resolutions and Other Action Items - (1) The third and final reading of Ordinance #361, An Ordinance Establishing a Curfew, Parental Responsi- bility and Definning Hours, Places and Penalties for Violation of This Ordinance and Repealing City Ordinance No. 304, was had by number and title only with attention called to the Ammendment on first reading inserting the word "legal" prior to "custody" in the next to the last line of section 1. Clmn. Willburn - "I move that we 9ccloPt OrdinaIlce No. 361." Seconded by CImn. Skinner. Mayor Kirkpatrick noted I I I , ,. H'~ REGULAR NiEET1NG OCI0DER 2, 1967 POSIPONED 10 OCl. 4, 1967 JL i , 4 VOL. 13 'that the Council had named the places of congregation and asked if this ordinance would give the Police Officers the authority to stop a car occupied only by persons re- stricted by this ordinance and require them to be off the street. The City Manager advised the ordinance did provide such authority. Vote - Unanimous yes. Ordinance ,No. 361 is attached hereto and p3 id a part hereof. Item 7(2) - Request for Approval for Permit for Authorized Games of Chance and Skill . for Seward Women's Bowling Association - the application for permit was read by the City Manager including the type activity and eleemosynary use of the funds planned. Councilman Smith - "I move for approval of the request for permit for Authorized Games of Chance and Skill for the Seward Women's Bowling Association." Seconded by Clmn. Urbach. Vote - Unanimous yes. Item 7(3) - Resolution No. 656 was read in full as foHows: RESOLUTION NO. 656 BE IT RESOLVED that the NATIONAL BANK OF ALASKA at Anchorage, Alaska, shall be the paying and receiving agent for the special account of The City of Seward, Alaska to be known as the "City of Seward, 1967 Small Boat Harbor Improvements General Obligation Bond and Interest Sinking Fund Account", which shall be a trust fund to be solely for the security and payment of the principal of and interest on the 1967 Small Boat Harbor Improvements $162,000 General Obligation Bond Issue, as the same shall become due; and BE IT FURTHER RESOLVED that said paying and receiving agent is hereby instructed to honor all checks drawn on the above named account when beating any two of the follow- ,ing authorized signatures: /s/ Kester L. Dotts /s/ Beatrice E. Watts /s/ Burton W. Baugh This Resolution shall be effective on the date of passage and approval. Passed and approved by theCity Council of The City of Seward on the 4th day of October, 1967. Clmn. Urbach - "I would move for the adoption of Resolution No. 656". Seconded by Clmn. Smith. Vote - Unanimous yes. Item 7(4) - Request for approval of transfer of Palace Bar Liquor License from Louis E. Thorn to Marvin Nelson was not yet ready for the Council and was tabled without object- tion. Mayor Kirkpatrick called a recess and reconvened the meeting with all members present as before the recess. Item 7( 5) - Conditions of rental extension and status of Resolution No. 629 pertaining to Ronald E. and Gwendolyn 1. Fox's application to lease Lot 1 in Block 1 in the Marina Subdivision - Myr. Kirkpatrick noted that all members had a file containing all of the data pertaining to this subject, and which indicated that the Foxes have had proper notice of everything which has transpired. Clmn. Smith - "I would move that My. and Mrs. Fox (Ronald E. and Gwendolyn 1.) be notified that they have thirty days to vacate the property and that any negotiations which are under way are hereby cancelled immediately;; and to clarify, by date of vacation, I mean November 4, 1967. " Clmn. Smith continued that the reason for this motion was that the Council has repeatedly asked for plans and specifications in order to get this project started and the prospective lessees have repeatedly neglected to provide same, and citing such instances from the file, including refusal of certified mail with restricted delivery return receipt requested, necessitating personal delivery by the City Police in order to deliver notice of the Council's requirements contained in Resolution No. 629. Clmn. Smith's motion was seconded by Clmn. Willburn. Clmn. Skinner reviewed the motion and advised he was in sympathy with the apparent intent but wondered if the Council could require the building to be removed within thirty days. Clmn. Smith ad- vised he thought so as there was no agreement and no plans and specifications and just occupying the land on a month to month basis; that there would be no hardship as the building was on skids for removal; also that the business was closed down. Clmn. iUS VOL. 13 REGULAR MEETING OCT. 2 - 4, 1967 Urbach advised he thought plans and specifications were not enough evidence of intent' to proceed, and thought the City needed to have proof of financing, noting that the City has spent a lot of time on this offer to lease and it is not resulting in anything pro- ductive. The City Manager then read the minutes of the last Council discussion of this subject on August 21, 1967 and the matter was reviewed in discussion. Clmn. Will burn objected to any more delays. The Council discussed the wording and meaning of the motion before the Council and Clmn. Smith said he meant that notice would be given of cancellation of negotiations as of October 4, 1967 and notice of demand to vacate the property within thirty days from October 4, 1967, which would require vacation of the premises on or before November 4, 1967. Clmn. Urbach and Leirer advised they thought the full time of the August 21, 1967 extension should be allowed before notice of such; and Clmn. Smith reviewed that extension with explanation that he thought his motion did allow such. The City Manager noted that the lease had been presented by the City following offer and tentative agreement and it had never been signed, and that this was a default from the very beginning; that the City had permitted the land to be used without any agreement and without any of its requirements being met and thought every possible consideration had been given to the Foxes. Vote on Clmn. Smith's motion: Clmn. Leirer Yes; Clmn. Skinner No (with reason therefore stated for the record, that he thought the City was morally obligated to wait for the deadline of November 4, and that if by that time, Mr. Fox presented plans and specifications, that the City could then set two weeks or one week to bring final plans for financing, etc.; that he thought this had started off wrong in allowing the temporary building; but now thought the Council should follow through on the City Manager's recommendation. The Manager noted that the building occupied by Mr. and Mrs. Fox is on rented land with no agreement of any kind and any offer to pay additional rent would have to be . refused under the intent of the motion on the floor, and this was agreed to. Continuing with the vote on Clmn. Smith's motion: Clmn. Willburn Yes; Clmn. Urbach No; Clmn. Smith Yes; Myr. Kirkpatrick Yes. Four Yesses. Two Nayes. Motion carried. Item 7.6 - Status of Alaska Marine & Equipment, Inc. application to lease land South of the Marina Subdivision in the Harbor Area - The Council had been provided with a transcript of the file which showed that this firm continued to express an interest in the lease but made no progress toward meeting the City's requirements. The Manager advised that further to the items in the transcript, that this firm was asking for space for its trail- er from which to conduct business;that he had refused this request and the trailer now moved away but debris remaining which was to have been cleaned up on October 1, and if the City had to do it, that a bill for same would ~sue. This was discussed as being a status report to the council, similar to other offers lacking progress toward construction and operation; and the status was reviewed in detail. Clrnn. Urbach - I would move that in the application of Alaska Marine & Equipment, Inc. to lease this land south of the Marina Subdivision in the Harbor Area, that any preferential rights be cancelled as of this date and the property be open to first corne, first served. seconded by Clrnn. Leirer. Vote - Unanimous Yes. Item 7.7 - 1967 Delinquent Real property Tax Foreclosure List as pertains to 1966 and 1967 taxes - Clmn. Smith reported that the Assembly had ordered foreclosure of the 1965 tax roll and then the list included 1966 and 1967 taxes for those parcels which were on the list for 1965 taxes; that some of the Assembly say this was the intent of Borough Ordinance No. 31, but that he understood the words requiring collection of all the taxes due to pertain to such things as special assessments and abatement liens. Myr. Kirkpatrick asked if the Borough was publishing foreclosure for taxes which are not even delinquent ane tImn. Smith advised that the Borough considers the taxes delinquent i~'~otapaid by August 15. clmn. Smith advised that he had contacted the Borough Attorney with request for research on this ques- tion after telling him that he did not understand the law to permit fore- closing on certain persons at an earlier date than others in like status, but the Borough Attorney simply quoted Borough Ordinance No. 31; and to Myr. Kirkpatrick's question, advised the opinion was verbal and prior to the Assembly meeting. . CIft OF SBWARD, ALUD ORDINARCB NO. 361 AN ORDDJANcB ESTABLISBDTG A CORPEW, PARBHTAL RESPONSIBILITY AIl1D nBPD1D1G BOOBS, PLACBS ARD PBRAL'l'IBS FOR VIOLATION OF THIS ORDIllIANCB. REPBALIIfG CITY ORDlNANCB NO. 304. TBB CITY OF SEWARD, ALASKA ORDAINS: SEC'l'IOIf 1: AGE AND PLACBS DEFINED: Ifo person under EIwr.t:uN (19) years of age shall be in or upon the public streets, alleys, parks, public buildings. placea of _usement or entertaiment, vacant lots, Or other unsupervised places bet:ween the houra of 10:00 o'clock p.a. and " 5:00 o'clock a.a. of any day of the week, unless au~h peraon ahall be ac~~ied by and in the charge of ita parent or guardian, or upon an ~ergeDcy errand of legitimate businesa directed by his or her parent, guardian, or other adult person havin9 the leqal care and custody of the juVenile, or due to the o . ~ course of regular 8Ipl0yaent or traveling to or frem a_e. SBC'llOlf 2. PROOF OF EMBRGBbTCY' OR CONDITIONS ALLOWIbTG PBRSOlIS. 'lO BE UPOIf STATED S'l'REETS OR PLACES I Any person under the age of EI(jdo.l'.l5.I5N (9) yeara of age who may be in any of the places stated in SECTIObT 1 of this 01U)DIAlfCB, or shall be found loitering in the CIn between the hours of 10.00 p.m. and 5:00 a.m. shall be considered aa in violation of thia ORDlBAHCB unleaa that person shall have on his or her person a valid written. and signed statement. Such statement shall be signed by his or her ~ent or legally appoint- ed. guardian. 'l'his stateeat shall be presented to the City Patrolman makin9 such check and he shall iDIlleC!iately check with the person who.. .ignature appears on i:he statement. SEC'llOH 3. PARBR'l' OR GOARDIAII RESPOIfSIBILIWI 110 parent, guardian or other pOrson having legal cuatody of any child under the age of BIuH'.l~~ (l9) yeara shall allow such child to go or to be in any of those places stated in SECTION 1 of this ORDINANCE, between the hours of 10:00 o'clock p.m. and 5:00 o'clock a.m. of any day, unless such child be accom- panied by his or her parent, guardian or other person having legal custody unless said child is on an emergenoy errand or legitimate business in which case said child shall have a written statement on his or her person, as specified in SEC!ION 2 above. SECTION 4: SCHOOL ACTIVITIES OR O'l'HER EXEMP'l' FROM HOURS: In case of SCHOOL activities which may extend past the hours of 10:00 o'clock p.m. children under the age of EIGHTEEN (IS) years shall be allowed in or upon any of the places stated in SECTION 1 of this ORDINANCE for a time not to exceed THIRTY (30) minutes after activities have ceased. SECTION 5, EVIDENCE OF VIOLATION. In the prosecution for the violation of any of the provisions of this ORDINANCE the presence of any person under EIGHTEEN (18) years of age, unattended as herein required, upon any of the places stated in this ORDINANCE. shall be deemed prima facie evidence of t.he guilt of such parent, guardian or legally appointed custodian having the care and custody of such person and of the violations of the provisions of this ORDINANCE. SECTION 6: VIOLATION: Any person found guilty of violation of any sect.ion or port.ion of this ORDINANCE shall be punished by a fine of not more than Three Hundred Dollars ($300.00) or thirty (30) days imprisonment, or by both such fine and imprisonment. SECTION 7: REPEALING CLAUSE; That ORDINANCE NO. 304 of The City of Seward which establishes curfew and parental responsibilities is hereby repealed. SECTION 8: SEVERABILITY: In the event any portion, section, sub-section, sent- ence, clause or phrase of this ORDINANCE is for any reason held to be invalid or unconstitutional by the deoision of any court of competent jurisdiction, such decision shall not. affect the . , validity of the remaining portions of this ORDINANCE. SECTION 9 , PUBLICATION, Publication of this ORDINANCE shall be by posting a copy hereof on the CITY HALL bulletin board and the U. S. Post Office bulletin board for a period of ten (10) days following its passage and approval. SECTION 10: EFFECTIVE DATE: This ORDINANCE shall be effective on the date of passage and approval. First Reading: September 5, 1967 Second Reading: September LB, 1967 PASSED AND APPROVED by the City Council of The City of Seward, Alaska, this 4~~ day of n~'t.l'\hAr , 1967. j{ tV. %~:~.{ R. W. I(irkpatri k Mayor Attest: ,czJC:-4~<r~~ ~2//Q/L~ Beatri~e E. Watts City Clerk-Treasurer Regular Meeting October 2 - 4, 1967 VOL 131 09 Myr. Kirkpatrick advised that he thought something should be written to set forth the city's views of opposition to the incorrect procedures of the Borough's foreclosure action as discussed in Item 8(4) on september 18, 1967 and also at this meeting. clmn. Willburn summarized that he thought the council, as the governmental body representing the people of this area, owed the people clarification and prevention of any injustice in the conduct of this foreclosure. The city Manager suggested that a letter citing specific objections be written and certified rather than a resolution and this was agreed to. I Item 7.8 - Resolution No. 657 confirming purchase installment anniver- sary and final form Deed of Trust in sale to Lantz was read as follows: RESOLUTION NO. 657 BE IT RESOLVED that Resolution No. 549 which was passed and approved by the city council of The city of Seward on the 1st day of August, 1966, and which authorized the sale of Lots 21 and 22 in Block 16 of the Ori- ginal Townsite of The city of Seward to Bill Lantz a.k.a. W. J. Lantz and Donna B. Lantz, and subsequent amendatory motions which were passed and approved by the City Council on the 19th day of December 1966 and on the 7th day of August, 1967, be and are hereby modified by this Reso- lution, by the Deed of Trust dated the 19th day of september, 1967 and by the Addendum dated the 24th day of september, 1967, which are attach- ed hereto and made a part hereof the same as if set forth in full herein and approval of said Deed of Trust and Addendum is hereby confirmed and granted. This Resolution shall be effective on the date of passage and approval. passed and approved this 4th day of October, 1967. Clmn. Urbach - I would move for the adoption of Resolution No. 657. Seconded by clmn. Leirer. Vote - Unanimous Yes. I Item 8 - Reports from the Borouqh Assemblymen - (1) Board of Equaliza- tion meetings for supplemental tax roll scheduled for Soldotna~ (2)Clmn. willburn asked if there was any possible way the City could secure area districting of the Borough for representation on the Borough School Board. clmn. Smith spoke of the growing hazard of the Borough taking more and more power than it was granted and the hazard this is to a Home Rule City such as seward. It was agreed that the City's representative: to the Alaska Municipal League convention should discuss this with rep- resentatives of Local Affairs and arrange for a meeting locally between the three parties. I Item 8(3) Clmn. Smith noted the Borough is encountering difficulty with the school construction bond election as four assemblymen are against it as well as the Chairman, and inadequate information to the voters being distributed~ The Assemblymen advised that the 1968 construction program had been approved by the Assembly and architect named, and the 1969 and 1970 programs discussed at length~ the Chairman had presented a three year program in place of the five year program and it accepted~ that the Assembly president vehemently objected to the program including two un- assigned $600,000 items and a $900,000 contingency fund~ that the Assem- bly was not willing to accept the School District estimate of need nor the financial expert's recommendations on how to meet the estimated need That the Assembly had given the Chairman authority to negotiate a solu- tion on the Homer school water problem. Item 8(4) proposed ordinance for industrial incentive tax exemption was tabled~ (5) Ordinance to exercise various additional powers was tabled after much detailed discussion~ (6) Ordinance for meeting procedures tabled~ (7) Ordinance establishing procedures for service areas tabled~ (8) Audit accepted. Item 8(9) Representative from State Division of Lands discussed the tim- ber sale in Rocky Bay area with the Assenilily, recommending against se- lection of this 97 acre parcel. Item 8(10) Described meeting with Phillips Marathon concerning industria, incentive tax exemption and written objection from three cities includin< 11 () VOL 13 Regular Meeting October 2 - 4, 1967 Special Meeting October 9, 1967 Seward read as well as verbal objections by other interested parties but aftE!r proposals and counter-proposals, it was passed with $117,600 in lieu of taxes with both Assemblymen from Seward voting against the exemption. Item 9 - Reports from the city offer for Clearview houses for proved by the Anchorage office with reply expected before the Manaqer - (I) Understands that the city's Coast Guard families housing has been ap- of FHA and now in San Francisco office, first of the year. It~l 9(2} - Needed work session to take up the Oceanview Subdivision of the Urban Renewal project: that he would take it to the Planning & Zoning meeting next Monday and then to the Council at the next regular meeting: to question advised Clmn. Skinner that the material from ASHA would be available at that time. Item 9(3) - The marine travelift of the EDA Harbor project will be erected in about three weeks: the dock contractor should be finished around the 20th of this month: noted the city had no building adequate to house the lift this winter and would have to build something next year. Item 9(4} - Discussion with Mr. Evans that the interruption in logging due to changed requirements of the Japanese buyers who now want 26' cants in- stead of the previously approved 13', and 26' not possible from the tim- ber. Clmn. Leirer advised that more recently, it had been decided to take one more load of various lengths. The Manager reported that Mr. Evans did ask for lease of the land between the East breakwater and the Alaska Railroad dock and that he had assured him that if there was any other in- quiry that he would let him know immediately. Item 10 - Council Discussion - (1) Myr. Kirkpatrick inquired for any pro- gress on the transfer of the old Alaska Railroad property to the City and the Manager reviewed the subject. Item 10(2} - Clmn. Leirer requested the use of the area adjacent to the City's building leased to Halibut Producers cooperative and their use of a portion of the City Dock to be an item on the next regular meeting agenda: recommending that they be billed or told to vacate any property occupied without agreement: noting that this firm had refused from 1 boat 500,000# of fish last summer according to his information, and other re- fusals, and thought this was an intolerable way for this firm to do busi- ness after all the help from the city to get them back into business: that he also thought the use of the dock portion should not be without charge. Clmn. Smith concurred and advised that the City's effort to help provide local jobs was being circumvented by Halibut Producers in recent years by use of non-local employees. Myr. Kirkpatrick suggested a complete review of the lease such as has been made of other leases and to submit the ma- terial to the Council in plenty of time and on an agenda after that for thorough study. Clmn. Urbach advised that he had discussed these things with Mr. Walt Johnson of HPC and he was going to make some corrections, but he has now resigned and probably did not do anything. Clmn. Smith expressed his pleasure in having worked with the Council the past two years and his best wishes for their future work. Clmn. Willburn moved for adjournment and Myr. Kirkpatrick declared the meeting adjourned at 10:55 p.m.,). &4-i~>g- '2 d~;aL ({k/ .h,4~~'\ Beatrice E. Watts J R. W. Kirkpatrick city Clerk-Treasurer Mayor - - - - - - - - - - - - - - - - - - - - - - - - Special Meeting October 9, 1967 A special meeting of the City council for the purpose of (1) swearing in the newly elected Mayor and Councilmen by the City Clerk; (2) presenta- tion of certificates of office to the newly elected officials by the Mayor; (3) Seating and roll call of newly elected members; (4) review by the Mayor of the Council's procedures; (5) elect two representatives and a first, second and third alternate to serve on the Borough Assembly for two one-year terms; and (6) review all appointments serving at the pleasure of the Mayor; was called to order by Mayor R. W. Kirkpatrick at 7:40 p.m. Roll was called and those present were: Mayor Kirkpatrick, Special Meeting October 9, 1967 VOL 13 III Councilmen Lawrence Urbach, E. G. Skinner and Herman E. Leirer. Clmn. Maynard willburn arrived about 7:42. Clmn. Tom P. Smith was absent. (Clmn. W. J. Lantz had resigned as of October 2, 1967.) Item 1 - The city Clerk-Treasurer administered the Oath of Office to R. W. Kirkpatrick~e-elected Mayor; E. G. Skinner re-elected Counci~man for two-year term~~BB~HA~WH>>H""">>RRHRR~~.RWRRWR~R~YRHH~HR~\fand to Bernard C. Hulm elected Councilman for one-year term. (Clmn. Will- burn arrived during this time.) I Item 2 - Former Vice Mayor Skinner presented the certificate of Office to Mayor Kirkpatrick with expression of congratulations and Mayor Kirk- patrick the~ presented the other Certificates of Office and welcome to the Council table. Item 3 - Myr. Kirkpatrick expressed appreciation of himself and the council for the work of Clmn. Leirer, who then left the council table andClmn. Hulm was seated. Roll of the new Council was called and those present were: Mayor R. W. Kirkpatrick; Councilman Lawrence Urbach; E. G. Skinner; Bernard C. Hulm. and Clmn. Maynard Willburn. Clmn.-elect Oliver Amend and John Galea were absent. Item 4 - Mayor Kirkpatrick reviewed the Council's procedures briefly and recommended the new members become familiar with the City's basic organic law such as the Home Rule Charter and Title 29 and the ordi- nances of the city, particularly the Administrative Code and also the Roberts Rules of Order; advised that the policy of the Council was to operate from the basis of a total COmmon policy without anyone Council- man having more influence than any other, and that to accomplish this, the business of the council was all taken up at Council meetings. I Item 5 - Myr. Kirkpatrick reviewed the city ordinance calling for one- year terms for Council representatives to the Borough Assembly and which he thought was best as it provided opportunity for each new Coun- cil to evaluate who could best serve on the Assembly, though this was not in accord with the Borough ordinance declaring Assembly seats to be for three years. Clmn. Urbach concurred and recommended no change un- less the ordinance first changed and this might not be done; Clmn.Skinner concurred and advised that it was still not clear to him that the Borough Ordinance covered City Council representatives to the Assembly - that further, he thought a three year term on the Assembly in addition to Council work and the necessary travel was too much to ask. Myr. Kirkpatrick asked for nominations for Council representatives to the Borough Assembly. Clmn. willburn - I would like to nominate Clmn. E. Gene Skinner to serve for one year term on the Borough Assembly. Seconded by Clmn. Hulm. Clmn. Skinner advised that he would be able to accept only on the condition that the Council understand that it might be necessary for him to ask for relief due to other duties. As it was known that the absent members would notbe able to serve and the others present were not able, Clmn. willburn advised that he could if absolutely necessary though it would be expensive to him to do so. I Clmn. Urbach - Under those conditions, I would nominate clmn. Maynard E. Willburn for our other Borough Assemblyman. Seconded by clmn. Hulm. Clmn. Urbach - I would move that nominations be closed. Seconded by Clmn Skinner. Myr. Kirkpatrick called for roll call on the nominations as such and with the motion for closure to be included in the vote. Vote- Unanimous Yes. Clmn. Skinner - I would like to move that we table the first, second and third alternates to the Borough Assembly until our next regular meeting. Seconded by Clmn. Urbach. Vote - Unanimous Yes. Item 6 - Myr. Kirkpatrick reguested tabling the review of all appoint- m~nts serving at the pleasure of the Mayor until the next regular meet- ing. Clmn. Skinner - I so move. Seconded by Clmn. Willburn. Vote- Unanimous Yes. 1 \"2 VOL 13 Special Meeting October 9, 1967 Regular Meeting October 16, 1967 Myr. Kirkpatrick advised the Council that as there was no further business on the agenda, while this item not on the agenda and not an item of re- cord in that sense, that he would report that he had had the names of those Seward electors would could not vote in the recent Borough bond election due to claimed deficiency in the list of property owners gather- ed together to prepare for some effort to protect the franchise of these voters, and that as his intent was not to try to over-turn the results of the election, that the City Attorney recommended no legal steps be taken, but rather to present the facts to the Borough Assembly. Clmn. Skinner - I move we adjourn. ing adjourned at 8:05 p.m. 0k'~~uc-z/ ';Q~~z:t~ Beatrice E. Watts City Clerk-Treasurer Myr. Kirkpatrick declared the meet- f.( l ) ,) / I -/.---{ / . ' ,t-v ( tL--t.~ '~'L--l.- J1.. R. W. Ki kpatrick Mayor - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Regular Meeting October 16, 1967 The regular meeting of October 16, 1967 was called to order by Mayor R. W. Kirkpatrick at 7:30 p.m. Opening ceremony, pledge of allegiance to the flag was lead by Clmn. Willburn. Item 3: The Oath of Office was administered to Councilman-elect John Galea by the City Clerk-Treasurer and Mayor Kirkpatrick presented the Certificate of Office to clmn. Galea in welcoming him to the Council table. Item 4 - Roll was called and those present were: Mayor R. W. Kirkpatrick; Councilmen Maynard E. Willburn; Lawrence Urbach; E. G. Skinner; Bernard C. Hulm and John Galea. clmn-elect Oliver Amend was absent. The dty Manager was present. Item 5 - Minutes - Myr. Kirkpatrick asked if there were any corrections to the minutes of the regular meeting of August 7, 1967. Clmn. Urbach _ I move for adoption of the minutes page 77 through 81. Seconded by clmn. Willburn. Vote - Unanimous Yes. Item 6 - citizens Discussion and Public Hearings - No citizen had reques- ted audience of the COuncil. Item 7 - Correspondence - 1. Letter from Governor Hickel exp~aining his reasons for recommending KOdiak as the site of the Marine Sciences & Research Institute and declining to reconsider Seward's request for the Institute was read. The City Manager reviewed that this resulted from letter to the Governor protesting three of a five man Commission being named from Kodiak. Item 7.2 - Letter from Robison, McCaskey & Strachen, attorneys for Vet- erans' Housing Co., Inc., the corporation formed by Mr. and Mrs. Charles Coberly to handle the sale of Forest Acres Subdivision, demanding pay- ment from the City for water and sewer lines claimed to have been taken over by the city of Seward without their permission, claiming the City had used stalling tactics in earlier discussions, and setting deadline for legal action if satisfaction not had, was read. The Manager then read his reply wherein he advised the attorneys that this was a new prob- lem to him as there had been no correspondence since he had taken office; the officers of the corporation had not been to his office nor lhad he ever met with these people, which he thought was unusual to be followed by such a letter as just received. The Manager then read the answer wherein the attorneys advised they would withhold any action until after the first meeting of the Council in November but reiterating their firm- ness in this matter. Myr. Kirkpatrick recommended that this come before the Council for discussion and possible action after study session of the Council. Item 7.3 - Letter from Congressman Pollock concerning the Alaska Railroad property to be transferred to the City and letter from GSA to Congressman Pollock describing the transfer requirements. The Manager advised he had tried to prevent such contact to GSA in accordance with Council's instruc- I I I Regular ~'Ieet~_'1g October 16, 1967 tions and would again adv.LE:e of this prefe:rance. VOL 13 1 t ~j Item 7.4 - Letter dated October '9, 1967 from .l\laska Marine & Equipment, Inc. in response to the (])uncil':3 act:ion October 4,1967, in which AMOoE expressed desire and intent to lease for 30 years the parcel previously applied for across the st::,eet to the south from the Fox restaurant, that he had examined the city's standard leasE~ and is generally agreeable, that the operation would be for marine repair and sales, building to be built in 1968, requesting council decision for his financing and program, was read and the Manager advised he would have further information on this later on. (See Item 8.5) Item 7.5 - Director of Local Affairs will meet with the Seward delegation enroute to the League convention concerning City-Borough problems. Item 7.6 - Placque of appreciation for the City from the Alaska purchase Centennial commission bearing a Centennial Medallion and received for the city by the Manager at the Centennial closing event conducted by the Commission was passed around, Item 8.1 -Application for approval of transfer of Palace Bar liquor li- cense located at 133 Fourth Avenue, Seward, Alaska, from Louis E. Thorn to Sara M. Nelson and Marvin E. Nelson, as the only persons having a fi- nancial interest after 'transfer, was examined, including statements from the City Clerk-Treasurer that all bills owing the city by transferor and transferee were paid and from the Chief offtolice th~t t~ere was no a~- verse information in the records of his d~paffm~R~7~ofig~rfi~~gPEfi~.~5~a!es. character of the applicants and conviction of any felony or misdemeanor invdYing moral turpitude within ten years. Clmn. Willburn - I move that we approve the transfer of the Palace Bar Liquor license from Louis E. Thorn to Sara M. and Marvin E. Nelson. Seconded by Clmn. Urbach. Vote- Unanimous Yes. Item 8.2 - Receive audit report of the books of account for 1966-67 and possibly accept same - Mr. John Schaedler of Peat, Marwick, Mitchell & Co. presented the report to the council with review of each section and specific comment on such items as general fund expenditures $43,000 over budget revision and resulting in $30,644 deficit which was caused by such things as grants to the street project to close it out, also that the electric and water departments each lost money during 1966-67, so that the Council knew it had to cut back in all sections. Myr. Kirkpatrick asked how the City had budgetted for a deficit and Mr. Schaedler explained that this was in the revised budget and that by the time the revision was done that apparently the city was so far into it that not much else could be done, that he had talked with the City Mana- ger about this and he explained that he had cut back as far as possible ane could not cut back any further. Mr. Schaedler mentioned that depreciation was up in the electric depart- ment due to large acquisitions the previous year and the policy to take only one-half annual depreciation in year of installation, so 66-67 shows large depreciation again and accounts for most of the loss - pretty much same situation in the water department. Mr. Schaedler mentioned that the sales tax fund had been closed out this year for the hospital improvements work, especially for newer members, noted that the general fund does not capitalize its assets and therefore such items as the harbormaster's building and the City-State building are listed as grants rather than assets, recommended that the City keep suffi- cient money in the bond redemption funds to cover the deficiencies stated, and to question explained that the bonding companies were apparently sa- tisfied if there was sufficient unallocated funds to cover but that, of course, as soon as the revenue requirement is deficient, which it is in both the electric and water, that the bond companies could ask for expla- nations and presumably also exercise the right to demand rate increases - this being a separate requirement of the bond ordinances from the require- ment to maintain certain sums of bond reserve and bond redemption money ir those bank accounts. Myr. Kirkpatrick asked if this report would have the effect of a budget 114 VOT., 13 Regular ;.reeting Oc"::ober U;, 1967 rE'Vj sion and Mr. SchaedJ_er advised that it was net so intended in the wc'y which the 1965-66 report was authorized by the Council as a budget n~vision. The Manager recorrunended the report be acknowledge received for study and approval at a later meeting. Clmn. Urbach - I would move that we accept the Accountant's report. Seconded by Clmn. Skinner. VotE - Unanimous Yes. Mr. Schaedler noted i:hat the records were in much better condition this yearthan last and Myr. Kirkpatrick noted also that each year the management letter indicated that the City was making pro~ress in the direction suggested by the auditors. Ii:en. 8.3 - Receive and act upon Mayor I s appointments to all corrunissions and corrunittees serving without ordained term: (l)Mayor Kirkpatrick read Resolution No. 440 which created and defined the duties of the Board of Port, Corrunissioners, appointed and requested approval of the following appointees: Phil S. Durant, Chairman, Andy Endresen and Phil L. Hardy. RESOLUTION NO. 658 BE IT RESOLVED that pursuant to and under the authority and conditions of Hesolution No. 440, which created a Board of Port corrunissioners of The City of Seward and set forth its purpose and regulations, as passed and approved by the City Council of The City of Seward on the 19th day of l~pril, 1965, that the following appointments to said Board made by Mayor R. W. Kirkpatrick, be and are hereby approved: Phil S. Durant, Chairman Andy Endresen Phil L. Hardy This Resolution shall be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska this 16th day of October, 1967. The infrequent meetings of this Board was discussed and Clmn. Urbach urg'i~ntly requested that the Board meet as required in understanding of the importance of its work. The Manager advised that he had a number of meetings planned for this Board. Clmn. Galea - I move at this time tha~ we accept the nominations as you stated them, Mr. Mayor. Seconded ~!~lmn. Willburn. Vote - Unanimous Yes. Item 8.3(2) RESOLUTION NO. 659 BE IT RESOLVED that pursuant to Resolution No. 529 of The City of Seward, Alaska, passed and approved on the 20th day of June, 1966, wherein the authority and purposes and conditions of city of Seward Council repre- sentation on the Kenai peninsula Borough Development Corrunission are set forth, that the following appointments to said corrunission made by Mayor R. IW. Kirkpatrick, be and are hereby approved: John Werner, Chairman, Box 156 Irvin Tressler Martin Kowalski Box 1096 Willard Dunham John Galea Box 275 *Elizabeth Mahan Harold Davis Box 1364 E. W. Gentles Bill Lantz Box 455 Robert Harrunond Reneee Skinner Box 1263 Herman Leirer *Erwin Wheeler Box 731 Maynard Willburn Barton stanton Box 1187 Galen Albertson * '" subsequently declined This Resolution shall be effective on the date of passage and approv- al. Passed and approved on the 16th day of October, 1967. Star Route Box 1426 Box 1143 Box 185 Box 703 Box 524 Box 1264 Box 855 Clnm. Willburn noted that he was appointed to the original Corrunittee but: had never received notice of a meeting from Borough officials, and Clmn. Galea advised that meeting notices were published in the paper and no other notice-that meetings were infrequent. Myr. Kirkpatrick advised he would delete all reference to appointments from Moose Pass, Cooper Landing and Hope pending finding three appointees, and requested approval of the aforelisted appointees. Clmn. Skinner - I so move that we approve of the names as so listed to serve on the Seward corrunittee on Kenai Peninsula Borough Development eorrunission. Seconded by elmn. Hulm Vote - Unanimous Yes. Clmn. Skinner asked if this large group attended Borough wide meetings and it was explained that eorrunittees formed for such. (3) p~g~2_ar J'feet~.ng octo;)e~ 16, 1967 VOL 13 11 ~ Item 8.3 - CJ.t.lzens AciVJ.sory COI!UTIlttee urder Workable program of Seware Renewal Project, which is a req\-1irenent of the Urban Renewal Project and terms and conditions of appoinbnents same as previous years: RESO~UTION NO. 660 I BE IT RESOLVED that the following named persons who are residents of the city of seward, shall be and are hereby named to serve on the CITIZENS ADVISORY COMMIT'1'EE under the workable Program of the seward Urban Renewal Project, Alaska R-21, to serve without term at the pleasure of the Mayor and city Council: Patricia R. williams, Phil S. Durant, Dorothy K. Urbach, Donald L. Mai, william L. Brattain, Herman E.Leirer, Raymond C. Anderson, Martin N. Kowalski, Frank W. Lewis, Ralph W. Hatch (subsequent ly declined) and Ernest Blatchford (subsequently declined). The Mayor and the city Manager shall be ex-officio members of said committee. The Chairman of the Planning & zoning commission shall be the Chairman of this Committee; and BE IT FURTHER RESOLVED that: (1) the duties of said CITIZENS ADVISORY COMMITTEE shall be to assist the city Manager and the city council by representing and becoming a focal point for all significant community interest including minority groups as required by the Workable Program of the Seward Urban Renewal Project, (2) regular meetings shall be held once each month at a time and date to be determined by the Committee and approved by the city Manager. Special meetings shall be called by the Chairman or the City Manager as necessary. Resolution No. 585 passed and approved by the city Council on the 5th day of December, 1966 is hereby replaced. This Resolution shall be effective on the date of passage and approval. Passed and approved by the city council of The city of Seward, Alaska this 16th day of October, 1967. I Myr. Kirkpatrick noted that these were the members of the Planning & zoning Commission plus Mr. Hatch and Mr. Blatchford and requested Council approval of the appointees. to question advised that the P&Z Chairman was Chairman of this Committee. Clmn. Skinner moved for approval of the appointments. Seconded by clmn. Galea. Vote - Unanimous Yes. Item 8.3(4)- Myr. Kirkpatrick advised that Patrick J. Alvarez and Oliver Amend previously composed the Seward Airport Improvement Committee and Mr. Amend had been elected to the city council so that he wished to appoint Patrick J. Alvarez, commander Frank sperry,and John Hoogland. Clmn. Hulm suggested Alfred Jackson be included as he has experience in this field. Myr. Kirkpatrick requested he be included as a supplementary without vote as it had been found that a committee of about three persons had less difficulty finding a time to meet. Clmn. Urbach - I would so move that we approve your Committee for Airport Improvement. Seconded by clmn. Skinner. To clmn. Willburn's question, Myr. Kirkpatrick advised that should one of the voting members vacate his position that the advis- ory members would step into his place. Vote - Unanimous Yes. I Item 8.3(5) Myr. Kirkpatrick advised that he wished to postpone adding some names to the Seward Steering committee to Studay Alcoholism in the Community until the council had received the report of the committee in detail in confidential study session, as planned for on september 18, 1967 council Meeting (See Item 7.2) and there was no objection to the Mayor's plan. Item 8.4 event of read: - Resolution No. 661 naming standby councilmen to serve in the inability of the elected members to serve due to disaster was RESOLUTION NO. 661 BE IT RESOLVED that the following named persons who are qualified elec- tors of The city of Seward, Alaska, be and are hereby appointed to the office of Emergency Standby councilmen in accordance with the provisions and requirements of Section 3 of the city of Seward Home Rule Charter and Section 5.106 of Ordinance No. 349, the Administrative Code of The City of Seward, for the term indicated below: For the term commencing October 16, 1967 and terminating within thirty (30) days of the organizational meeting following the 1968 11G~{,oL 13 Regular Meeting October 16, 1967 general municipal election upon appointment of successors: Phone: 209 "c" Street P. O. Box 855 3480 213 Third Avenue P. O. Box 1096 5947 Dairy Hill P. O. Box 524 5965 607 Third Avenue P. O. Box 957 5969 Fourth & Railway P. O. Box 215 5790 Cedar Street, Forest Acres P. O. Box 542 John Werner 412 Third Avenue P. O. Box 156 Reserve Member: (Subsequently Declined) John C. (Mac) Eads 328 First Avenue P. O. Box 1276 (Names included here subsequent to vote for total record.) This Resolution shall become effective ten (10) days following enactment, and shall be published by posting a copy thereof on the bulletin board at city Hall in Seward, Alaska, and by publishing a notice of the place of posting and a brief staement of the purposes of the Resolution in one or more newspapers of the city. Galen W. Albertson Martin N. Kowalski Herman E. Leirer Frank W. Lewis Alex Petrovich William C. Vincent 5655 5992 5512 Passed and approved by the city Council of The city of Seward, Alaska, this 16th day of October, 1967. Myr. Kirkpatrick explained the manner in which nominees or appointees to this Standby Council had been determined in the past (See Item 7(3) of May 9, 1966 Minutes and Item 7(b) of November 7, 1966 Minutes) and noted that while the Administrative Code in providing for this group said that the Council shall appoint, the Charter, which is the controlling law, says that the Mayor shall appoint all committees, etc. with Council app- roval, and requested the Council's thoughts on this. clmn. Urbach sugges- ted that former councilmen would be able to serve most effectively on this group. Myr. Kirkpatrick submitted the names below listed noting that Mr. Hardy and Mr. King had been candidates in the 1967 election for Coun- cil, and that Mr. Kowalski had served as reserve last year. Mvr. Kirkpatrick called recess and reconvened the meeting with the same members present as at the recess. The purpose and manner of naming this Standby Council were briefly dis- cussed and Clmn. Urbach suggested that the Council receive the Mayor's recommendation for seven names and that the Council add any names it might wish and that selection be by ballot and this was agreed to. Clmn. Skin- ner requested Galen Albertson's name be included as he thought Mr. King should be at the hospital in time of a disaster. Clmn. Urbach suggested the name of John Eads. There being no further recommendations, ballots were cast and the result was: Herman E. Leirer 6; Frank W. Lewis 5: Alex Petrovich 5: William Vincent 5: Martin Kowalski 5: Galen Albertson 5; John Werner 4: John Eads 4: (and in run-off ballot, John Werner was appointed to the Standby Council and John Eads appointed reserve)Phil Hardy 2 and Ernest King 1. Mvr..Kirkpatrick requested approval for his appointment of those seven receiving the most votes and including Mr. Eads as reserve. Clmn. Urbach - I would move that we accept your nomina- tions. Seconded by Clmn. Hulm. Vote - Unanimous Yes. Item 8.5 - Alaska Marine & Equipment, Inc. lease of land in the Small Boat Harbor commercial area - (See Item 7(4) above) The Manager advised that he had conferred with Mr. Johnson who now realized that if he was to secure the lease, he would have to assure the City that he was going to move rapidly in the construction etc.; that he is planning a shake- siding building with view windows and the business will be boats and re- lated equipment sales, repair and storage with the repair in the South and West of the building; that he is preparing to build in 1968, commen- cing planning on return from a trip about November 15th. The Manager noted that the property applied for is not platted, but he showed its location South of Marina Subdivision, 20,589 s.f. plus the connecting float between main floats "A" and "B" and the Manager read a float rental agreement which he recommended to the Council for that portion at the annual rental of $450. due on the same date as the land rental would be but subject to the penalty provisions of other float ren- tal, and which was the same as in previous years as best he could deter- mine. I I I Regular l'ilee':::Lng Octo'Jer 16, 1957 VOL 13 lJ~l The Manager advised that if 'eh,,, council agreed to this lease, Mr. John- son would cause the bu~lding to be pre-fabricated and ready to ship and arrange his financing \vhile on -the trip a:'1d would be ready to enter into the agreement on his return; and would then come back to the council for approval on November 20th; to question stated the total annual lease rent would be $1-,067.67 of which $617.67 for the land and $450.00 for the float space on the condition the float space be used only for his busi- ness purposes and could not be sub-leased; that he recommended the Counc~ approve the offer. Myr. Kirkpatrick asked if this building would meet the fire code and the Fire Chief and Inspector advised that it would as long as the quantity of space around the building presently there remain- ed. Clmn. willburn asked the thought of the council concerning applicanf request to be able to move the building off the land and this was approve Clmn. Skinner - I so move that the City Manager be instructed to enter into a lease with Alaska Marine & Equipment, Inc. Seconded by Clmn. Hulm. The Manager requested amendment to require the lease offer to come back to the council after the financing established. Clmn. Skinner - I will agree to that providing there aren't any changes on the under- standing which we now have. The Manager advised that any changes would have to come back specifically. Clmn. Hulm seconded the amendment. Vote - Unanimous Yes. Item 9 - Reports from the Borough Assemblymen - Clmn. Skinner advised that the scheduled meeting had been set up for some reason to October 9th which meant that the Assembly was meeting on the same night that Seward and other cities were organizing their councils and there was no authorized representative from those cities to the assembly, so that he and the city Manager had insisted that this meeting not be held, and no meeting since; and clmn. willburn advised he had nothing further to re~t, Item 10 - Reports from the city Manager - (1) The Manager presented a letter which had been prepared for council signature if it wished to enter a protest to the Assembly because of names of Seward property owners not shown on the list taken from the assessment roll for the re- cent bond election, advising that 24 persons had been refused of which the City was aware and that there had been many complaints on election day. The circumstances were briefly discussed as being in all instances of a name on the recorded deed, having previously voted in bond elections of the city (though it should be noted that the qualifications are not the same for city and Borough), in some cases the name had appeared on the 1967 tax bill and in others it had not for some reason or other, and in some cases the name changed. Myr, Kirkpatrick - I would recom- mend that this be signed and adopted by the Council and presented to the Borough Assembly, and also that it be published in the Phoenix Log and in the Cheeckako News. Clmn. Urbach - I would so move. Seconded by clmn. Hulm. Vote - Unanimous Yes. Item 10(2) - That the Assembly was going to vote on the service area ordinance before it at the next meeting and suggested the council might wish to give its Assemblymen some guidelines, as it was his opinion that if this were entered into that it would jeopardize the bonding future for both cities and the borough, that the ordinance by-passes the Borough Act and sets up procedures in conflict with and usurping the power of the Borough Act and the Local Affairs Agency. It was discussed that the service area concept was designed to permit local residents to secure local improvements needed and not available except through this concept; and this agreed, and that the problem in this ordinance was that it was going directly to the service area without opportunity for the State and local people to determine if one of the preferred methods of solving the problem should be entered into and that the Borough itself was under- taking these determinations which the State of Alaska by statute had retained for itself to determine under certain procedures involving ex- pression of local choice. It was agreed that the legality of the pro- cedure should be investigated andtalso to keep in mind the apparent intent of the City of Kenai t6~fo~ce the Borough to provide all sorts of community facilities for their benefit while enjoying the benefits of a large population within their city. Item 10(3) That Christianson construction Company contract for construc- tion of the dock is practically complete except for the electrical work; That there have been tWO change orders for total increase of $1,930.50; 118 VOL 1-3 Regular Meeting October 16, 1967 the marine lift will be assembled in about three weeks, and by then would have a rate schedule for the Council, as there is a list of users already~ also 30 day extension on contract completion date granted by change order. Item 10 (4)That work on the Centennial Arts & Cultural Building had been stopped by the Library Board and himself and the remaining funds would be used for piece work and probably need to call on volunteer help to complete the building. Item 10(5) That work on the Resurrection Road has been stopped as the State now insists on a 100' right-of-way whereas it had been understood that the 66' right-of-way provided byfue Folz subdivision would be al- right; that apparently there was Federal money in the $8,000 appropri- ated by the state and thus the requirement; that he had written that day to ask for release of the stop order. Item 10(6) That Clmn. elect Amend was expected to return to Seward about the 24th of the month. Item 10(7) Requested study session for width of streets, sidewalks, etc. also for the audit report. Clmn. Galea suggested as much as possible be drawn up and submitted in writing. The study session was set for Thursday on the audit. Clmn. Willburn asked when the Alcoholism Study Committee would be scheduled and the Manager advised he thought they were not ready but would inquire. Item 11 - Council Discussion -(1) Clmn. Urbach suggested that the Vice Mayor be elected at this time and nominated Clmn. E. G. Skinner. Sec- onded by clmn. Galea. Vote - Clron. willburn Yes; Clmn. Urbach Yes: Clmn. Skinner No: Clmn. Hulm Yes: Clmn. Galea Yes: Myr. Kirkpatrick Yes. Motion carried. Item 11(2) - Clmn. Skinner asked if the boats around on the beach were going to be required to move and the Manager advised that he had issued instruction to locate the owner and get beach storage properly arranged for or remove the boats; impending winter and also the pickup padlocked to a telephone pole and the trailer practically in the fish ditch. Item 11(3) - Clmn. Galea noted that the lagoon was reported as having been a good fish producing area in the past and needed some restoration work; wondered if the Salmon Derby made funds available for such and Clmn. Urbach advised that it did, and was certain that if Fish & wild- life had any requests for projects, that if they would ask for Derby funding assistance that there would be no problem. Item 11(4) Clron. Skinner complimented the Manager and Police Department on the handling of the bicycle races. Item 11(5) Clron. Hulm requested a review of the Evans Sawmill and Wes- term Timber projects as before the Council and this was given, and to clron. Hulm's question advised that there was no problem concerning land which might be needed from the City; that an offer to lease land had been made by the City Council and was still before the companies. Item 11(6) Rocky Bay timber will be sold by bid on Novemb~r ;r~h. Item 11 (7) elmn. Hulm advised th~df~.JI~~?;;;~~r;~~u~~~;~~'c';~oPle and a hazard to some to climb ov~r~ldewa~~jacent to vacant prop- erty in the business area where some owners do not keep them clean and asked if the~ty did not have some way to require and enforce cleaning of sidewalks~~ It was agreed that this situation needed improvement and good to start ~ to ~orrect i.t: and the Man.ager advis.ed,th~. t he,. ~9uld c:~~~~~ ',/.."d * ~ Q~<L,{ -[;;,jc< <>-tU2,,- tuidV' ,1X;-'fUYl4,t,lctZI research and report on ~t. ';vyJU:"",,~v-JNvt' ,SA011'r/j-J-JI~~"-,,,I/l>/6S)hWC~(t~,l;;:.:'_ 6' if cck ' (cel"'" Clmn. Urbach - I move we adjourn. Myr. Kirkpatrick declared the meeting adjourned at 11:00 p.m. fl J!dZ~C~ > t"' ~?LJd~ > Beatrice E. Watts City Clerk-Treasurer ~ ) ~ ' ~ / ...! , V I .~ "/I c1i-~v,- f~ R. W. Kirkpat ick Mayor - - - - - - - - - - -- - - - - - - - I I I Regular Meeting November 6, 1967 VOL 13 j 19 The regular meeting of November 6, 1967 was called to order by the city Clerk-Treasurer in the absence of the Mayo~ and Vice Mayor at 7:35 p.rn.. clmn. wi1lburn was present and declared that in the absence of a quorum, the regular meeting of the city Council would be postponed until 7:30 p.m. Monday, November 13,1967. Items 1 and 2: The regular meeting of the city council of November 6, 1967 postponed until November 13, 1967 was called to order at 7:33 p.m. by Mayor R. W. Kirkpatrick. clmn. Urbach lead the opening ceremony which was the pledge of allegiance to the flag. Item 3: Roll was called and those present were: Mayor R. W. Kirkpatrick; council- men Lawrence Urbach, Bernard C. Hulm, Oliver Amend. Clmn. Maynard Will- burn arrived at 8:00 p.m. Clmn. E. G. Skinner and John Galea were absent. The city Manager was present. Myr. Kirkpatrick presented the Certificate of Office to Clmn. Oliver Amend and welcomed him to the council table, with advice to the Council that clmn. Amend had previously taken the Oath of Office as he had been advised by the City Clerk-Treasurer. Item 4 - Minutes: Regular Meeting August 7, 1967 partial page 77-partial page 98 including regular meeting August 21, 1967, september 6, 1967 and special meeting September 8, 1967. having been previously distributed to all members and no corrections requested. Clmn. Urbach- I move we approve the listed minutes. Seconded by clmn. Hulnl with note that he was elected subsequent to these meetings as was Clmn. p~end but if acceptable to Mayor, he would second. Myr. Kirkpatrick advised it was in order. Vote- Unanimous yes. Item 5 - Oath of Office was administered by the city Clerk-Treasurer to standby Councilmen Galen W. Albertson, Wm. C. Vincent, Martin N. Kowalski, Herman E. Leirer and John H. Werner, and Myr. Kirkpatrick expressed the appreciation of the Council for acceptance of this important service. Remaining appointees to be sworn in at the next meeting. Item 6 - (1) Letter from Governor's Employment Advisory Commission announ- cing meetings in various cities - in Seward at 8:00 p.m. on November 16, 1967 with work session immediately following in Anchorage to formulate recommendations to the Governor and the Legislature. Item 6 - (2) - Letter from the Governor in answer to City's inquiry and explaining the basis of the over-dock charges by the Department of Marine Highways and suggestions to the city to help reduce the charges at seward. Item 6 - (3) - Letter from Division of Lands, Tidelands Division concern- ing Survey No. 560 as requested for lease by Kenai Lumber Company, Inc. in replacement of tidelands furnished by Kenai Lumber for the new Alaska Railroad dock. The Manager advised he would comment on this under his report; however, the subject did not receive attention. Item 6(4) - Letter from George A. Navarre, Chmn. of Kenai Pen. BOrough~ answering the city protests to several features of the Borough real prop- erty tax foreclosure proceedings, and claiming protests of no worth. Item 6(5) - Letter from attorneys for Veterans Housing company, Inc. re- plying to the city request for the Coberly's to confer with the City Man- ager and refusing to permit the Coberlys to discuss the matter with the City Manager; advising that only monetary settlement was acceptable. (see Manager's report here consolidated for clarity of record.) The Manager reported that he would meet with our City Attorney in Anchorage this week and also had an appointment with Veterans Housing company attorney; that he had not yet informed the city Attorney of this and did not know if he knew of this but would get his thoughts. Clmn. Amend suggested direct contact with the coberlys before bringing t:he attorneys into it, and the Manager reviewed the correspondence from Venterans Housing which all in- dicates that it thinks such discussion is not appropriate though the city has asked for such. Clmn. Amend asked if there had been discussion be- tween the coberlys and the city on this sub~lect and Myr. Kirkpatrick ad- vised that he thought not since earthquake days when this matter was brought up and there were discussions and correspondence and it was brief- ly rev~ewed. Clmn. Amend requested another request to the coberlys to meet wlth the the city before drawing in the Attorneys and the Manager t20 VOL 13 Regular v.eet~ng Novem~er 6-13, 1967 ::tdvi.3ed he vvas willing to discuss this with anyone and vVQuld contact the Cobeclys in the morning and ask them to come in to talk about this if the Council wanted7 this was agreed to and Myr. Kirkpatrick suggested the Council members be informed -:>f the time set so that they might attend if possible and that it be informal. Item 6(6) - Letter from Department of Highways answering the request of the City to withdraw the stop work order on the Resurrection River Road wherein Highways advised that it could not approve less than 100' right- of-way, that it could no.t construct or maintain roads though a sub- division as such are considered the responsibility of the subdivider, that drainage problems in the subdivision, opposition of the affected property owners, etc. were additional reasons why it could not continue that project. Item 7(1) Letter of resignation from David A. Blume from the Planning & Zoning Commission to be effective October 23, 1967 was read. Clmn. Amend - I will move that Mr. Blume's resiqnation be accepted as written. Secon- ded by Clmn. Hulm. Vote - Unanimous Yes. Myr. Kirkpatrick advised that he would see that a letter of appreciation for the time and effort of serving on the city and Borough Commissions would be given to Mr. Blume. Myr. Kirkpatrick had earlier noted that this was also the regular meeting night for the Planning & Zoning Commission and they were waiting to meet with the Council as the Council had a short agenda. Item 7(2) - Myr. Kirkpatrick - I would submit for your approval as my re- commendation for appointment to the Planning & Zoning Commission, Herman E. Leirer, to fill this vacancy in the term expiring February 15, 1970. Mr. Leirer was in the audience and declined the appointment but upon se- cond request of the Mayor agreed that if appointed he would accept. clmn. Urbach - I move that Herman E. Leirer be appointed to the vacancy in the Planning & Zoning Commission. Seconded by Clmn! Amend. Vote - Unanimous Yes. The Oath of Office was administered to Mr. Leirer by the city Clerk. Item 7(3) Resolution No. 662 relating to the Marine Sciences Institute was read in full. (Clmn. Willburn arrived during the reading.) RESOLUTION NO. 662 WHEREAS, The Mayor and City Council of The City of Seward have enthusi- astically encouraged establishment of a Marine Sciences and Research Institute at Seward as the immediate, very best next development under the National Sea Grant ~lleges and program kt of Public Law 89-6887 and WHEREAS, this conviction grew out of understanding of basic needs of any marine-based operation, such as: Comfortable, safe harbor, without seasonal restrictions. Seward can provide such facilities right now for the vessel or vessels which will operate under this Program. Sites for the shore-based activities related to any marine activity. Seward has over 900 feet of shoreline inside the Municipal Small Boat Harbor, with utility lines and streets, ready for construction of the shore-based facilities. Equipment and facilities to deliver the products of marine work or study to the shore, and to deliver supplies and equipment from shore to ship. Seward has two fine, large general purpose docks in the Municipal Small Boat Harbor, one of which is equipped with an 80,000 pound capacity mobile boat lift, suitable for lifting and transporting boats or other heavy items. WHEREAS, a marine scientific and educational enterprise deserves to retain maximum flexibility, and location in Seward would provide opportunity for the most flexible scientific program7 and WHEREAS, excellent highway, rail, ocean carrier, air and marine highway transportation serves Seward 7 and 1 I I Regular Meeting November 6-13, 1967 VOL 13 12t WHEREAS, seward offers a modern community with all conveniences, profess- ional services and some marine service trades, it is also readily access- ible to Anchorage for the services of specialists, and also for the benefit of educational, cultural and scientific events, not possible to the same extent in smaller communities, but essential to maximum develop- ment of such a Marine Sciences and Research Institute; and WHEREAS, we offer our central location within the area of study as an important reason for locating this Institute in Seward, and would call attention to the fact that each of the major areas of study in South Central Alaskan waters requires some travel on the open ocean to reach any of the other areas; and WHEREAS, a citizens Committee For Progress to promote Seward as the site for this Marine Sciences and Research Insitute was selected by the large number of Seward citizens who gathered on November 2nd, 1967 to organize such a campaign; NOW, THEREFORE, BE IT RESOLVED that said citizens Committee For Progress, of which Kester L. Dotts, city Manager of The city of Seward is Chairman, be and is hereby encouraged and offered all support possible in the atta- inment of its goal of securing the south central Alaska Marine Sciences and Research Institute under the National Sea Grant Colleges and Program in Seward for immediate Program work; and BE IT FURTHER RESOLVED that all Federal and State officials, including the Regents of the University of Alaska, involved in the establishment of this Institute, be and are hereby respectfully petitioned to carefully evaluate all of the facts pertinent to this Program and to take the action best for the Program, which we are confident will be to locate said Institute in Seward for immediate operation. Passed and approved by the City council of The city of Seward, this 13th day of November, 1967. Myr. Kirkpatrick asked for questions or comments. and there were none. Clmn. Hulm - I would move that we approve Resolution No. 662. Seconded by Clmn. Willburn. Vote - Unanimous Yes. Item 8 - Reports from the Borouqh Assemblymen - (l)Clmn. willburn advised that the Assembly held public hearing for the school bond issue and it was then voted to call a_new election on January 30, 1968 for a six million dollar proqram, and it was agreed by the representatives of the Borough School Board and the Assembly to distribute adequate background nformation on the program and to recolnmend it to the voters-that the schools are needed now-that he personally knew of the great need in two schools, and that the officials agreed that they would try to "sell" the program to the voters. Myr. Kirkpatrick asked if the publicity would include material about what would be purchased with the bond money, when and where, and Clmn. Willburn advised that it would. Item S(2) That day had received notice of public hearings on three Borougr ordinances: Establishing a department of finance, establishing the Rob- erts Rules of Order as the Assembly rules of order and manner of handling service areas up again after having been rejected. Item 9 - Reports from the City Manaqer - (1) The Alaska Municipal Leaque convention held in Sitka in October was well attended, perhaps the lar- gest and there were good discussions on the future of the League; on problems concerning bonding in Alaska; that the Seward delegation tried to secure the 1968 convention for Seward but Anchorage asked for it and is entitled. Item 9(2) Had discussion with the Director of the Local Affairs Agency concerning some of the problems in establishing the Borough and coordi- natinq cities and borouqhs; that there would be meetinqs to work out these problems. Item 9(3) - The dock and boat lift has not yet been approved by final i~sp~ction but ~he boa~ lift is assembled and the Contractor gave per- mlSSlon to use lt to plck up a 40-ton boat as trial. 1~2 VOT 13 Regular Meeting November 6-13, 1967 Item 9(4) Harbor conunission will meet tomorrow evening and the Council is welcome. Item 9(5) The building plans for Alaska Marine & Equipment, Inc. are under way so would be able to have the lease ready for the next Council meeting. Item 9(6) Civil Defense has sent down a final audit on the construction of Ithe Emergency Operations Center and there are some discrepancies between our figures and ideas and theirs, and will confer with them on this and can probably work it out. Item 9(7) Highway Department has a little piece of land in the Harbor Area which he will ask them to release as it would be about right for the Marine Sciences & Research Institue. Item 9(8) Report for the Citizens for Progress group in connection with the Marine Sciences In5itute a discussion with Mr. Don Dickey, executive director of the State Chamber of Conunerce, is arranging a discussion by all parties and that he had advised Seward wished to meet with the Gov- ernor prior to that. Item 10 - Council Discussion - (1) Myr. Kirkpatrick reminded the council that 40 BOY Scouts would attend the next regular meeting. (2) Myr. Kirkpatrick requested Pat Alvarez to report for the Seward Air- port Improvement Conunittee. Mr. Alvarez advised that he had information on lighting from FAA and information on a plane counter which would cost about $25.00 and is activated by the heat of the plane engine. Mr. Alvarez advised he had copies of the lighting reconunendations of FAA but had made no request for materials to be assigned as he did not know if the City wanted to make this installation on a State airport and the State is perfectly willing for the installation to be made to FAA speci- fications but FAA supplies only materials for the lighting, regulators etc., not for wiring; that possibly the city elec~ricians could esti- mate cost from the data he had so the City would know if it wanted to do this. Myr. Kirkpatrick briefly reviewed the effort to improve the airport which was undertaken by the city about a year ago in naming the Conunittee headed by Mr. Alvarez; that Seward needed a better equipped airport to be in a more competitive position and especially in view of proposed indus- trial development, and that while this was a round-about method of gett- ing the improvements, once installed, he felt sure the use of the airport would increase so that further improvements would be justified under the State's criteria, and that very possibly the airlines would assist in this project. Mr. Alvarez advised that the lights he could claim for Seward were new though obsolete for any new airport, but perfectly alright for our pur- poses, that they would not be a problem in paving later; that the lights were in a materials pool and should not be withdrawn and held without definite plans to use them. Clmn. Urbach suggested the lights be ordered with this in mind and then if the financing cannot be secured inunediately that they be released rather than wait to secure financing and perhaps have the lights be gone, and this was agreed. Mr. Alvarez advised that. he would order .J::he_ lightE,.h,el,gfoE..J;!eward and the Man.<:lg~:r: requested him to confer with. him_QQncerninq the airplane counter if assistance needed. Item 10 (3) Clmn. Hulm noted that Mr. Fox was j_n._J::hl::!__.Ci~~i~!!S5:,~__!,!!!d had~con- tacted him concerning an action which the Council had taken and which he was very unhappy about and requested to be informed concerning this.The Manager reviewed the 1966 offer of Mr. Fox to lease Lot 1 in Block 1 of the Marina Subdivision, his occupancY.9f _the I>.~erty .all of that time without ever entering into an agreement with the city, the city's notices and requirements ultimately resulting in termination of all negotiation and demand that the building be removed from the property on or before November 4, 1967. (see various Council meeting minutes). Mr. Fox tried to claim that the city Clerk had refused to give him a lease to sign when he was entitled to it after discussion between himself, the City ~Anager and the City Clerk. The Manager and Clerk denied there had ever 1 I I VOL 13 12H Regular Meeting November 6-13, 1967 Regular Meeting November 20, 1967 been such discussion and the city Clerk advised that the only discussion she had ever had with Mr. Fox on this subject was an occasion when he asked for a lease when he had failed to comply with the council's require ments and she had advised him to meet the requirements and to file same with the Manager whose authority it was to receive same and then take any next step toward presenting a lease offer to the council for approval. Myr. Kirkpatrick advised that this had been under negotiation for a long time and the past.negotiations were completely closed; that as a local business man, Mr. Fox could, if he wished. come into the Manager's office and start a new negotiation, but that theold one could not be reopened. Clmn. Amend advised that he had been contacted by Mr. Fox on thi~i~ ject. Clmn. Urbach suggested that any of the new councilmen could up the file :l;ro~;the previous councilmen and would learn that the (bunci never did'H~~e~~"set of plans or compliance with the Council's requests, and that he agree~with the position of the Mayor. clmn. Hulm asked if the requirements ere tho~e of tJ1e standard. lease I and _th~yor advise they were. :>-S:"c i'J I").} fc""~'2- "'1- 'h\1bt Y'(Li,".cU"-'I{~:... -fA." Mr. Fox then asked if the temporary buildinq could be left on the land beyond the November 4, 1967 deadline saying that he had paid rent until the 15th of November. The Mayor advised that he would have to comply with the Council's order and the Clerk advised that the rent may have been actually paid on the 15th ot some month but that it covered a period earlier than that and she thought/~ period terminating Ncvember 4, 1967 as did the Manager. Clmn. willburn - I move that we adjourn. Myr. Kirkpatrick declared the meetinq adjourned at 8:55 p.m. XL -d;/;:;J 7-~\J / /) . Ii /Cz,;f;"4 t~. ~;f R. W. Kirkpa{rick _ _ _ _ _ _ _ _ _ _ ~a~o~ _ _ _ _ _ _ _ _ ;c- /.( J:? /~ Beatrice E. Watts ~i~y_c~e~k:T~e~s~r~r_ _ _ _ _ Regular Meeting November 20, 1967 Items 1, 2 and 3: The regular meeting of November 20, 1967 was called to order at 7:30 p.m. by Mayor R. W. Kirkpatrick. The openinq ceremony, pledge of allegiance to the flag, was lead by clmn. Galea. Roll was called and those present were: Myr. Kirkpatrick; councilmen John Galea, E. G. Skinner (excused at 9:15 p.m. during Item 7(7)), Maynard E. Willburn, Oliver Amend and Lawrence Urbach. clmn. Bernard C. Hulm was absent. The Ci ty Manager was present. Mayor Kirkpatrick mentioned that the Boy Scouts were represented by about 40 members at the meeting and that prior to the meeting he had met with them for about 30 minutes to explain the business which would be before the council and the manner of conducting a city Council meeting; that he thought it was very important that the BOY Scouts take an inter- est in local government as there is a shortage of qualified leadership allover the country and that to inform oneself and take an early inter- est was a step in the right direction toward correcting this situation. As the meeting progressed, the Mayor paused to further inform the Boy Scouts of the purpose of the Council action and procedures. Item 4 - Minutes - The minutes of the regular meeting of September 18, 1967 having been previously distributed to the Council, the Mayor asked for corrections and there were none. Clmn. Willburn - I move that we accept the minutes. Seconded by Clmn. Galea. Vote - Unanimous Yes. Item 5 - citizens Discussion and Public Hearings: (1) The City Clerk- Treasurer administered the Oath of Office to Standby Councilman Frank W. Lewis and Myr. Kirkpatrick expressed appreciation of former Councilman Lewis' willingness to serve. Item 5(2) - Representatives from Harbor Homemakers requestinq requiremen1 for operators of two-wheel vehicles to wear helmets was postponed for the arrival of Mrs. Keith Knighten, here recorded for clarity of record. Mrs. Knighten and Mrs. Dale pickett requested that the Council to study and adopt an ordinance which would require all operators of two wheel vehiclel to wear helmets; that such an ordinance adopted by another Aaskan city JL~4 VOL ~_3 ~egular Keeting ~ovem0er 20, ~967 lad )een f3ubmitted to the city by the l<,ulin Insurance Agency in cooper- 3tio 1 with the Homemakers and was to have b,sen stud:~Ed and nothing fur- ther heard from the City. Myr, Kirkpatrick noted that the State was considering such legislation but did nQt adopt any :Law and the ladies urgej the City Council to adopt a local requirement, Mrs. Knighten will brinj in the copy of ordinance she has and the City will secure various samples. Iterr, 5 (3) The Manager suggested the proposal of KIBH Radio Station con- cerr,ing utilities be postponed until after the Council can have a work ses~:ion on it and there was no objection. Iterrl 6 - Correspondence - (1) November 14, 1967 letter from the State Comrrlissioner of Labor concerning local hiring for construction of pub- lic buildings and facilities was read and the Manager suggested an ansv'er of agreement to this good idea which is very difficult to imple- ment: and not knowing what more can done to promote it. Iterrl 6(2) November 9, 1967 letter from Civil Defense concerning Person- al ~md Family survival classes and that Mr. Alan Pierce was now quali- fied as an instructor; that they would confer the following day concern- ing setting up courses and to Clmn. Skinner's question, Clmn. willburn advised this the same course for which he had qualified as instructor and no class ever held due to insufficient enrollment. Item 6(3) Letter from Mr. Roger A. Peterson, special assistant to the Vice President, and charged with coordinating and assisting cities in economic development, expressing appreciation to be kept informed on Seward effort to secure the Marine Sciences and Research Institute, was read. Myr. Kirkpatrick noted that Mr. Peterson had attended the Alaska Municipal League Convention. Item 6(4) Letter from the Pacific Fire Rating Bureau was read which no- tified the city that the survey for fire protection grading was complete and even with the many changes since the last grading, that it had re- sulted in a regression from Class 5 to Class 6 and with detailed expla- nation of the improvements to system or records or procedures needed to retain Grade 5. The Manager advised that he had conferred with the Fire Chief and that some items in the letter had already been improved and the Bureau had been notified and some improved and the Bureau not yet notified; that he would immediately correct all of the records and pro- cedures items; that a lower rate would result in from 10%-15% increase in insurance costs. Myr. Kirkpatrick requested this to be gone into right away to prevent the class and cost increase. Item 7 - Ordinances, Resolutions & Other Action Items - (1) Resolution No. 663 was read in full as follows: RESOLUTION NO. 663 WHEREAS, The Kenai Peninsula Borough Ordinance No. 15, Section 20.10.5 provides that each City in the Borough shall nominate one member of the Kenai peninsula Borough Planning Commission to be appointed by the Borough Assembly; end WHEREAS, David A. Blume has resigned from the seward Planning & Zoning commission and from the Kenai Peninsula Borough Planning & Zoning Commission; NOW, THEREFORE, BE IT RESOLVED by the City Council of The city ,of Seward, Alaska that Phil Durant be and is hereby nominated to be a member of the Kenai peninsula Borough Planning Commission and that this nomination shall be forwarded to the Borough Assembly by copy of this Resolution. This Resolution shall be effective on the date of passage and approval. Passed and approved this 20th day of November, 1967. clmn. Skinner - I move we adopt Resolution No. 663. Seconded by Clmn. Urbach. Vote - Unanimous Yes. Item 7(2) - Resolution No. 664 was read in full as follows: I I I Regular Meeting November 20, 1967 VOL 13 12;-) RESOLUTION NO. 664 BE IT RESOLVED that Lease Addendum Number Three (3) to Lease of Seward Boat Harbor Facility entered into March 21, 1960, said Addendum incor- porating an up-to-date diagram and description of the inner harbor facil- ities leased by The city of seward from the state of Alaska, be and is hereby approved and the city Manager and the city Clerk-Treasurer are hereby instructed to execute and deliver said Addendum. This Resolution shall be effective on the date of passage and approval. Passed and approved by the city Councilof The city of Seward, Alaska, this 20th day of November, 1967. The Manager noted that the Addendum included a drawing of the total facilities including the dolphins for mooring; to question advised that the floats on the South were complete and that the fuel facility would be moved down there; that the seaplane float would be re-located in its assigned position as soon as the fuel facilities moved; that the divider for the launching ramp is installed and the additional floats installed. Clmn. Galea - I move we adopt Resolution No. 664. Seconded by clmn. Willburn. vote - Unanimous Yes. Item 7(3) Resolution No. 665 was read in full as follows: RESOLUTION NO. 665 BE IT RESOLVED that the Commercial site Lease of Uplands, wlich contains all of the provisions of the dty's approved standard form of lease agree- ment for use in leasing sites in the Seward Municipal Small Boat Harbor Area, consisting of Pages 1, 2, 2a, 2b, 3 to 10 inclusive and in addition an unnumbered page titled, "Harbor Float Space Agreement, whereby The city of seward leases to Alaska Marine & Equipment, Inc. of Anchorage, Alaska a parcel of land situated South of the Marina Subdivision, con- taining 20,589 square feet, the legal description of which is set forth within the attached Lease Agreement, and also leases float space as set forth below, be and is hereby approved and authorized, including all of the following specific requirements: (1) The Lease Agreement shall be entered into as of the first day of January, 1968. (2) Term of Agreement shall be thirty (30) years commencing the first day of January, 1968. (3) Lease rental for the initial five year term, of the rental adjust- ment provisions, shall be three cents (39) per square foot per annum. (4) Harbor Float Space Agreement for use of the space on each side of the Main Float between Floats A and B, in conjunction with the afore- described lease, for the sum of $450.00 per annum. (5) The approved use of said site is to conduct a marine sales and repair operation. (6) A permanent ten (10) months of (7) Preliminary by April 1968. building for such operation shall the date of the Agreement. plans for said permanent building be commenced within shall be submitted The aforedescribed Agreement for Commercial Site Lease of Uplands is attached hereto and made a part hereof the same as if set forth in full herein; and BE IT FURTHER RESOLVED that the requirements of Ordinance No. 315 pertain- ing to a public hearing be and are hereby waived inasmuch as the provi- sions of this standard form agreement have been before the public in con- nection with other leases and there has been no adverse comment filed with the city regarding the provisions of such standard form lease. This Resolution shall be published by posting a copy thereof on the bulle- tin board at City Hall and publishing a brief statement of the purposes of said Resolution in a newspaper of general circulation in The city of Seward within a reasonable time; and shall become effective thirty (30) days thereafter. Passed and approved~ the City Council of The city of Seward, this 20th day of November, 1967. Clmn. Willburn asked if the annual rental for the float space was subject f .' ~ J'L ~.J VOL 13 Regular Meeting November 20, 1967 and increase and the Manager advised that if the other moorage stalls had been increased in cost during the five years, that it would be sub- ject to review, that the certainty of the space to show boats for sale and to explain their operation and a departure point for potential buyers were the benefits which the lessee wished to secure by annual rental. Clmn. Willburn asked if this was clearly worded in the lease as to the review and possible increase and the Manager advised that it was, and necessarily so, as otherwise the float rate and conditions of rental would apply. Clmn. Willburn asked who would tax for any prop- erty related to this operation and Myr. Kirkpatrick advised this was determined by the location of the property on any January 1. Clmn. Urbach - I move for adoption of Resolution No. 665. Seconded by Clmn. Skinner. Vote - Unanimous Yes. Item 7(4) - Resolution No. 666 was read in full as follows: RESOLUTION NO. 666 WHEREAS, The City of Seward and its citizens have been host to several distinguished citizens of Japan engaged in fact-finding tours~ and WHEREAS, members of such a group spoke of the similarities which exist in climate, resources, flora and fauna between SEWARD, ALASKA and OBIHIRO, JAPAN: and WHEREAS, Amska's and Seward's own emissary, Mr. Hal Drinkall made an exchange visit to THE CITY OF OBIHIRO, and was shown great kindness and courtesy~ and WHEREAS, Mayor Hiroshi Yoshimura presented to Mayor R. W. Kirkpatrick a beautiful carving of the large brown bear which inhabits both areas, and this gesture of friendship and good will is deeply appreciated~ and WHEREAS, we wish to continue these exchanges for mutually improved understanding and public relations~ NOW, THEREFORE, BE IT RESOLVED that, we, the undersigned, the Mayor and Councilmen of The city of Seward, Alaska, of The United states of America, do hereby proclaim THE CITY OF SEWARD, ALASKA as a Sister City to THE CITY OF OBIHIRO, JAPAN in the hope that all types of exchanges in a large variety of interests will enhance the cultural understanding and good public relations presently existing between our two cities. Passed and approved by the City Council of The City of Seward, Alaska, this 20th day of November, 1967. E. G. Skinner /signed/ John Gllea / signed/ Oliver Amend /signed/ R. W. Kirkpatrick /signed/ Lawrence Urbach /signed/ Maynard E. Willburn /signed/ B. C. Hulm /signed/ Myr. Kirkpatrick displayed to the Council and the Boy Scouts of Seward and others in the audience the carving of a brown bear presented to him by the Mayor of Obihiro, Japan. Mayor Kirkpatrick requested the Boy Scouts to write letters to schoolboys in Obihiro to send along with the other things the City will be sending. Myr. Kirkpatrick asked for changes or additions to the resolution and there were none. Clron. Galea - I move that we adopt Resolution No. 666. Seconded by Clmn. Skinner. Vote- Unanimous Yes. Myr. Kirkpatrick called recess at 8:30 pm and reconvened the meeting at 8:45 pm with all of the same members present as at the recess. Item 7(5) - Discuss June 30, 1967 audit report by Peat, Marwick, Mitchell & Co. and approve same. The Manager advised that he and the Comptroller had conferred with the auditors regarding the audit and pa~ticularly in connection with the method of depreciating utility plans and came to agree with the method used by the auditors as the best for the City~that the method used is not the preferred by Federal Power Commission but is acceptable and the best that can be employed because of lack of property records; that the result was an inflated property value and the appear- ance of excessive depreciation costs. Myr. Kirkpatrick advised that he objected to the comment regarding the deficit budget as revised and that the revision had to start from an I I I Regular Meeting November 20, 1967 VOL 13 l~d' original budget which was not in balance, and was concerned for the effects of that comment. The Manager advised that he expected to receivE inquiries from some of the bond holders and the matter would have to be explained; to further question advised the Mayor that this would be cor- rected and would not occur again. clmn. Galea noted that the report does say this should be corrected and it was discussed that those receiving the report would evaluate the information and secure additional informa- tion desired. Myr. Kirkpatrick and ~mn. Galea asked if this would have an adverse effect upon future bonding and the Manager thought if the City had corrected its financial condition that the current condition would be the controlling one. ~mn. Wi11burn - I move that we approve the audit for the 1966-67 fiscal year. Seconded by Clmn. Amend. Vote- Unanimous Yes. Item 7(6) Resolution No. 667 providing for $5,400-$5,700 fee for per- forming the audit of the 1967-68 books of account was read and the offer was discussed in view of previous costs and the improved condition of the books, particularly the fact that maximum preparation by the City staff was required for the lower range and the Manager was requested to ask if maximum preparation could result in a lesser figure. c1mn. Willburn - I move that we table Resolution No. 667. Seconded by clmn. Urbach - Vote - Unanimous Yes. Item 7(7) - Determine official estimated 1967 population for Alaska Muni- cipal League dues and authorize payment of same - In the interests of avoiding duplicate payment, clmn. Wi11burn suggested that the city delay its determination until after the Borough has acted on an area-wide mem- bership. Myr. Kirkpatrick advised that discussions he had heard on this subject indicated that the city would pay for its membership on the basis of city population and the Borough would pay for the difference between area-wide population and the population paid for by the city, and that the city must have a membership in the League in order to vote. The Manager concurred and reviewed that the discussions had been detailed and to the poin"ls of would the city be paying twice and if the city reimbursed upon purchase of area-wide membership who would vote; that he could se- cure a clarification on this matter but recommended establishing the popu- lation at this time. (clmn. Skinner excused from the meetinq durinq this discussion and departed.) clmn. Willburn advised that he thought Seward had increased in population during the pas1: year as school enrollment had increased; Mayor Kirkpatrick suggested the estimated population for 1967 be increased from the 1966 figure of 2120 to 2177. Clmn. Urbach - I would move that we determine the proposed figure of 2177 for Seward population, but not authorize payment until we qet some clarification on the Borouqh- cit situation. Seconded b Clmn. Amend. Vote - Unanimous Yes. (Clmn. Skinner excused per above. Item 7(8) - Kenai peninsula Borouqh 1967 Real Property Foreclosure and irregularities in same - The city Manager noted that there were some ir- regularities in the Borough 1967 Real Property Foreclosure List and pub- lication and thought some corrective action should be taken. Myr. Kirk- patrick conjectured concerning thefcosr of a suit as a friend of the court , op~n~ DS 0 ~ne to secure correctlon, as thetClty Attorney and the Borough Attorney con- cerning this matter are different, as to whether the Attorney General would give an opinion on this or if already requested, what result. Clmn. willburn advised that this was going to be discussed at the next Assembly meeting to be held the following day - that it was tabled at the last meeting for the Seward Assemblymen to bring specific information and he requested a statement of city position be prepared for him. The city Clerk suggested that this seemed to have moved beyond the scope of legislative work into points of law as the Borough petition for judg- ment and order of sale was before the court; that background work had been done to reply to the letter from the Borough Attorney asking for the spe- cific statutes claimed to have been violated by the Borough but that she did not think the city administrative staff should become engaged in this type correspondence with the Borough legal staff and recommended it be turned over to the dty Attorney to answer. The city Manager read the list of statute violations the city Clerk had prepared and which pertained to the taxes listed in the forec1osure;manner of listing names of owners and lienholders not yet researched. -f. f, '; r , },- L.~ Regular Meeting November 20, 1967 Clmn. Willburn pointed out that the Assemblymen had said they would have some information for the Assembly on this for the meeting of November 21, 1967. Myr. Kirkpatrick suggested the entire file of let- ters and some specific information be prepared for the Assemblymen. It was briefly reviewed that the October 18, 1967 letter was addressed to the Assembly, the November 6 preparation was not mailed, and in view of the request of the Borough Attorney for listing of the specific stat- utes claimed violated, probably in need of rewriting. Clmn. Willburn reiterated his request to have written instructions from the City as he was not familiar with this technical subject and would be the only rep- resentative from the Council at the meeting. Myr. Kirkpatrick asked the Manager if he thought it would do any good to go to the Local Affairs Agency and the Manager suggested advising the Borough that the City is going to do this and will also ask for an opinion from the Attorney General on this, which the City will accept if in support of the position of the Borough, but if it is in support of the City and the Borough fails to take corrective action, then the City will have to take the matter to CQurt. The City Clerk noted that this proceeding is already in the form of a petition for judgment and order of sale and before the Court; that the Court could act at any time to grant or refuse judgment. The Clerk noted that foreclosure actions require a publication of petition summary and instructions to the owners who wish to redeem their property and that the Borough did not publish any such information at all; that she had not seen the petition and therefore did not know if it was stated in such a way that the court would know what the Borough is trying to do. Clmn. Willburn then asked if he could depend upon the City Manager's assistance in preparing the City's position and the Manager advised he could if the Council so instructs him. Myr. Kirkpatrick advised that he felt that inasmuch as the Council has made these points of protest to the Borough and as the Council has expressed its feeling that it should speak for the Seward citizens in this matter, that he felt bound to proceed with the matter to secure correction, up to and including legal action if necessary. Clmn. Galea noted that as there is a diff- erence of opinion existing between the City Attorney and the Borough Attorney, and the City believes that its position is correct, that if it is legally correct, that it should secure correction of the fore- closure action to the point of legal action if necessary. Clmn. Urbach concurred and Myr. Kirkpatrick asked if there was any objection to that position and there was none. Clmn. Willburn suggested that the city Attorney's opinion be secured on this statement as prepared for the Assemblymen and Myr. Kirkpatrick concurred. Clmn. Willburn - I move that we authorize the city Manaqer to prepare such papers as are necessary to state the city's position on this fore- closure action, to be presented by Assemblyman Willburn to the Assembly tomorrow , November 21st. Clmn. Urbach - are we going to send all this material to the Attorney General also and Myr. Kirkpatrick said yes, and noted that the City Manager would be making some phone calls tomorrow be- fore writing, and the Manager said that was as he understood. Clmn. Urbach - I second the motion. Vote - Unanimous Yes. (Clmn. Skinner ex- cused earlier.) Item 8 - Reports from the last report and agenda for tion of the new school met in some detail, especially voiced. Borouqh Assemblymen - (1) No meeting since next meeting read. (2) Inquired if the loca- with council approval and it was discussed regarding access roads. and no objections Item 9 - Reports from the city Manaqer - (1) Met with Veterans Housing Co.. Inc. (Coberly) attorney who has advised his client not to speak to the City, that the partner of the attorney who wrote to the city is a member of the corporation, and under these conditions, thought the City should advise that if no agreement can be reached that the City will take the matter to court. also that if there is any cost to the City that it will have to be set up as an assessment against the property and suggested the city be on record concerning this, that the attorney Regular Meeting November 20, 1967 ~; ')1} J_ .{:.I ;1 for Veterans Housing advised he would write and notify him what deter- mination made concerning whether or not -the coberlys should confer with city officials. Myr. Kirkpatrick advised a citizen formerly involved in city government had personal knowledge concerning this matter and the Manager requested the information to be given to him. Mr. Gerrit Hoogland advised that he had information concerning the electrical system and offered it. I clmn. Amend advised that he understood that the City was to invite the Coberlys to discuss this rather than go through an attorney and have legal costs and this has not been done; that the coberlys want to dis- cuss this with the City but have not been invited. See Below (2) Item 9(3) Have a meeting scheduled for wednesday with officials of the Department of 2fighways to attempt to lift the "stop order" on the Resur- rection Riv~i2~and requested council attendance. , Item 9(4) Mr. Ron Fox will present plans for a permanent restaurant and cafe building which will include an addition to the present structure, completion of the interior and skirting, to be built during the next nine months, final plans to be filed with the city by April 1, 1968, and a complete new lease negotiation; that this would be on the next agenda. clmn. Willburn asked if Mr. Fox was still occupying the land and if rent. free. The Manager advised the building is being allowed to remain until the next council meeting dependent upon developments at that time; that Mr. Fox fully understands that if a lease is agreed upon that rent will be from the date last rent covered, that the building is a non-conform- ing use and if no lease is granted and he does not move the building that he would be subject to a misdemeanor violation as such. I Item 9(5) Regarding the civil Defense audit of the Emergency Operations ~er reported November 13 (Item 9(6), the City feels it has over $795 due and CD offers us $196 and recommended it be closed on the CD offer as the best possible solution, partly due to CD funds for Alaska having been drastically reduced. Clmn. Urbach suggested that equipment needed for CD purposes might be secured to help offset. Item 9(2) Harbor Commission charges and will meet again working under the $1.00 per & (7) (Item 9(6) Need study session and set for 7:30 pm 11/30/67. is working on proposed changes before ready for Council; boat foot charge. in harbor lift has been for harbor rates, Veterans Housing & KIBH; Council has 10/31/67 financial statement. Item 10 - council Discussion - (1) Planning conference with Legislators prior to Legislature convening agreed to and Manager will write asking Legislators to set a mutually satisfactory date early in January. Item 10(2) It was agreed that each Councilman would submit nominations of persons to serve on a Home Rule Charter review Committee to recommend to the Council for any amendments to be placed on the ballot next fall, each to have an alternate name and agreement to serve if appointed, and this to be on the next agenda. I Item 10(3) Mayor Kirkpatrick requested all members of the council to attend public events whenever possible, calling particular attention to recent events. Item 11 - The city Manager requested an executive session to discuss salaries. Clmn. Urbach - I move that per the request of the City Mana- Se- ger that we go into executive session to discuss matters of salary. conded by clmn. Galea. Vote - Unanimous Yes (Clmn. Skinner excused earlier. Clmn clmn. Urbach - I move we as a regular session and adjourned at 11:45 p.m. z1e~tZ-;i~ ;:;7L/~x/A-'_ ~e~t=i~e_E~ ~a~t~,_City ~l:r~-!r=a~._ adiourn as an executive session and reconvene adiourn. Myr. Kirkpatrick declared the meeting /) /- ,/1 {L- 'X ~~~ ~~? ,0 j R. w. Ki kpatrick, Mayor - - - - - - - - - - - - - - 1:30 Regular veeting December L postponec unt~l l2/ll/G7 Du~' to advance knowledge that a quorum of the Counci 1 cou:_d noi: be present due to conflicting Borough meeting on December 4, :~967, the City council meeting was postponed until December 11, 1967 with posting and publication of the postponement. Said regular meeting of the City Council was called to order by Hayor Kirkpatrick at 7:35 p.m.. Opening ceremony, the Pledge of Allegiance to the Flag was lead by Clmn. Skinner. Roll was called and those present were: Mayor R. W. Kirkpatrick; Councilmen E. G. Skinner, Oliver Amend, Lawrence Urbach, John Galea and Bernard Hulm. Clmn. Maynard Willburn was absent. The city Manager was present. Item 4 - Minutes for the regular meeting of October 2-4, 1967, special meeting October 4, 1967 and special meeting October 9, 1967 were taken up and had been previously provided all members, (commencing page 104 and through page 112). Clmn. Urbach - I move for approval of minutes Page 104 through 112. Seconded by Clmn. Galea. Vote - Unanimous Yes. Item 5 - Citizens discussion and public hearinqs - (1) Remaining appoin- ttees to Standby Council to serve in time of disaster not present. Item 5(2) - Public Hearing concerning purchase of 14 FHA residences for housing for Coast Guard families - Clmn. Skinner - I so move that we recess this meetinq and reconvene as a public hearing board. Seconded by Clfin. Galea. Vote - Unanimous Yes. Myr. Kirkpatrick declared the regular meeting of the Council recessed and the public hearing opened. A letter from Mrs. Pat R. Williams dated December 11th expressing oppo- sition to the purchase because of failure of a public housing project in Seward in the 1940's and which she considered a typical experience, because the project would place the City in competition with privately owned housing and with access to public funds from taxes on privately owned property to help pay for the project would be unwise and unfair and would result in increased mill rate in her opinion, as she consid- ered the purchase of the Jesse Lee Home property had done and which she described as a similar instance, which she had also opposed; ex- pressed understanding of the desire to provide adequate housing for the Coast Guard and her conviction that this could be accomplished through private ownership of the housing; that she did not believe many people in Seward could face another tax increase. was read with explanation from Mrs. Williams that she could not be present at the public hearing. Letter from Mr. Wm. C. Vincent dated December 10, 1967 expressing oppo- sition to the purchase for lack of legal right to enter into such prop- erty acquisition, prohibition of a council binding future councils to such a program without a vote of approval by the citizens; asking whether the City was concerned with only these fourteen families or whether it should consider purchasing the many privately owned houses so occupied by Coast Guard families, noting that the City had no assurance that the Coast Guard would remain to occupy the houses, and the Seward area claims to have adequate housing for industrial development; requesting the Coun- cil to thoroughly re-evaluate before entering into the private enterprise sector of the economy. Mr. Frank Lewis asked what the tax losswould be on this purchase and Myr. Kirkpatrick said none as the Government does not pay taxes on them; That the tax income based on ASHA price (not appraised value) would be about $2,100. per year. the Manager advised. Mr. Phil Durant asked if the Coast Guard had a policy of sending family or single men to Seward and asked for background information on this. Myr. Kirkpatrick explained that some months ago the City was advised that FHA was going to sell the 14 houses,which the City had agreed to buy under its low income housing program, as Seward was not eligible for such, and that the Coast Guard families presently occupying the houses would be given 30 days to vacate; that the City could purchase the hous- ing at a very beneficial cost if it wished to do this; that the Coast Guard has not made any committments regarding family or single men so far as he knew; that it had been stated that Seward had housing for the ship's personnel, by those engaged in bringing the ship to Seward, as he understood; that when the ship first came, they said they would phase I I I :O.eg'J.2.a:v: Yee-'-::'.ng Decem}:Jer f.. - 1:1., J. 96 7 l:i t in the families gra,:::ualLy so Se"lard would have an opportunity to live up to its promise t:o p_rovic1e sui table housin~J. J.1rs. Beverly Dunham explain- ed further tha-t -the single men were very unhappy in Seward because the single girls are toe young to socialize w:~ th them; that the Coast Guard representative ",ho was t:old that seward had lots of housing was very in- censed about the type of housing they were offered, and the indication was that replacements were planned to be married men. Mrs. Joanne Hoogland asked if the houses vlere presently being offered to private families and Myr. Kirkpatrick advised they were being held for Coast Guard families to rent and the sale held in abeyance for the city's decision. Mr. Oscar Watsjold asked how much the offer was and the J.1anager advised it was $128,000, no down payment, one payment per year, one question not yet settled is the rate of interest which ASHA will charge the City; that this was one of the first projects ever started in the country and while the houses were then at 4-3/4% interest when built, that the Government does not know exactly what the interest ra.te will be, that it could be anywhere from 3% to 6%. The Manager described the type houses and ad- vised that at this time everything was rented except 2 units. Myr. Kirk- patrick noted that in Juneau the rumor was that the SORREL was to be re- moved from Seward and possibly replaced with a large tug type vessel which would have a compliment of 15 additional men. LVII'. Martin Kowalski asked if the chimneys in these 14 houses had all been repaired and the Manager said all had except 2. Clmn. Urbach noted that the city would not be bound to keep the houses for the full 20 years, but would be entitled to sell the houses if the market came up; that unfortunately, whether or not we like it, that most of our Seward housing is substandard, and the Coast Guard will not permit its families to live in substandard housing. Mr. Joanne Hoogland asked if the council did not think this was going to discourage private investment in the city of Seward as, in her opinion, investors would hesitate to invest in a conununity where they realize the city might lower rental rates by competing tax-free housing against the private owner. Myr. Kirkpatrick advised that he could see the point made. The city Clerk-Treasurer advised she believed these houses were taxed at present time as the city had assessed and collected taxes on such houses when it was doing that taxing work. The Manager advised that FHA people in Anchorage spoke of the houses as being tax-free. The City Clerk ad- vised this was in error she thought. It was noted that the low rent hous- ing program had provided for payments in lieu of taxes. Clmn. ffinend mentioned that the outlay of cclsh would be zero and that the first payment would be due at the end of one year, and that he~oncurred with clmn. urbach's statement, that if private investors were~~ppear,that the property could be sold, and asked the Manager if it was being set up that way in the paperwork. The J.1anager explained the thought in the paperwork as being a separate deed for each house and thought it would be permissible to sell-that it would be just the same as a low rent housing project. Myr. Kirkpatrick explained that the City had had a low rent housing project approved by the Council for 50 houses, cut by the Govern-' ment to 25 and then to these same 14 houses which the city had agreed to purchase, and then the program cancelled by the Government. Mr. Oscar Watsjold asked what the average rental rate was for these houses and it was explained that they are various types - rent probably from $90 or $95 - $120 so per month. LVII'. Frank Lewis advised that his only concern was that if the City pur- chased and there was no tax base, that money would be lost to the city while purchase by a private concern would develop taxes, and asked what this loss would be. The Manager explained the figure he had quoted was only city levy at about $2100 per year, and to Mr. Dunham's question of whether an amount in lieu of taxes would not be computed in the rent fi- gure, the Manager said he did not know yet as those computations not yet worked up pending determination of the interest rate; to question advised that 2 of the houses were already spoken for, which he advised would upset J' 6).ill lL~~ Peqv.J.ar J>~ee",,:j_ng :Jece:;f'Jl?r L:~-;.~_I :.967 the Coast Guard. Mrs. Joanne Hoogland said she couhl not: understand that the City needed to provide housinq for t.he Coast Guard wh:.ch is here and that she thought private houses would be made ready if t:he owners knew the coast Guard \<las qoing to want to ren-!: -them - or thouqht a private investor might want to buy these :iouses and rent to the Coast Guard. The Manager explained that if a private individual bought the houses that the rents would have to be higher than the rents the city could charge; and to question ex- plained that the city is going to buy at a lower rate than the private buyer could. Nrs. Hoogland asked then if the City was going to reduce rents, and noted that she felt the preseni: rents were fairly competitive. The Manager advised he had not said the city would lower rents and ex- plained the investment costs and the basis of computing the rent on low income housing. clmn. Urbach advised that as a Councilman he would b~ opposed to lowering the rental of these houses under any condition~~a~ Mrs. Hoogland stated, they presently give fair competition to the pri- vate sector and he thought this should be. Mr. Donald Mai asked whose responsibility it was to provide housing for these families if a new vessel is brought in and Myr. Kirkpatrick advised each individual is responsible to find his own housing, but also that if this represents an economic impact to the community, that it behooved the community to have housing for a large group of people coming into the community. Mr. Mai advised he understood and asked if the city was responsible to cover the cost in that case and Myr. Kirk- pa~rick this represented basic thought where as many different answers as people questioned could be expected; whereupon Mr. Mai advised he thought government should provide such service as its reason for exis- tence. clmn. Galea noted that there seems to be a move to encourage industry to come to Seward and reports written to accomplish this include state- ments that we have adequate housing, and asked if this was stated to the Coast Guard when trying to bring them here, and the answer was yes; and Clmn. Galea advised he thought we should not now ignore this fact. Clmn. Urbach explained that the Chamber of Commerce worked for over ten years to get the Coast Guard to come here and promised them adequate housing, and the Chamber wanted family men as the best compliment to a community. Mr. Phil Durant asked for return to Mr. vincent's letter and whether an election was needed, and whether the city was already bound if the offer of the City is accepted. The Manager advised that the Council had passed a resolutionoffering the $128,000. Mr. Durant asked if there was any merit in Mr. vincent's letter and the Manager advised he would have to research it before he could answer, and the letter was reviewed in detail. Mr. Durant noted that it appeared that rental of 10 units would permit the city to break even and that it would need to plan on some vacancies. Mr. Frank Lewis asked if he was to understand then that the City had al- ready submitted a bid on these 14 houses and the Manager said this was correct, and to Mr. Lewis' thought that there was not much point then in talking about it, advised every reason to talk about it as the City could still write to FHA and tell them that the people do not want this, and we would then see the houses sold and the Coast Guard people finding housing where they can and if housing cannot be found, perhaps seeing the Coast Guard leave Seward as it will not allow its people to live in substandard housing. Mr. Hans Hafemeister advised he thought these houses themselves were sub- standard and that after 20 years of city maintenance that they would be in pretty bad condition. Mr. Phil Durant said he did not concur in that opinion-that the houses were good houses; that he had lived in one and the only thing wrong with them was that a poor type furnace had been in- stalled and that had been corrected in most of them. Mrs. Dorothy Ur- back advised also that the houses in this group had all been redecorated recently and had received good maintenance care. Mrs. Joanne Hoogland asked if the Council was going to make its decision from this meeting or if there would be another opportunity for people to express their opinion and Myr. Kirkpatrick advised this was the official public hearing. The Manager suggested that it might be a good idea to I I I Regu~_ar Meeting December 4, - 11, 1967 i c~ C} .1 , " ;) have another hearinsr after the city has received the cost of interest and detailed computations can be presented to the public; the Manager re- viewed the actions and reasons therefor in the past several months. (See Item 8(1) 4/3/67, Hem 9(2) 4/24/67, Item 7(2) 6/19/67, Item 9(4) 7/10/67 and Item 9 (1) 10/2/67 Meetings) and 'che Mayor noted that the city had tried to get the Coast Guard to take over the project, but that the Coast Guard does not unde,!:'take such. To further question, the Manager advised that he was certain that FHA would take an offer from a private buyer for the whole group of houses for Coast Guard housing but that it would not be the city's $128,000 offer. Myr. Kirkpatrick asked if there was any other comment and there being none, declared the hearing closed and reconvened the regular meeting of the council with the same members present as at the recess. The Manager was requested to look into the claims made in Mr. Vincent's letter. Item 6 - correspondence - (1) November 28, 1967 letter from General Ser- vices Administration acknowledging the early need of the City for the old Alaska Railroad property and that it would be handled as soon as they have completed their necessary work to determine fair market value. Item 6(2) Letter from Col. Clare F. Farley, U. S. Army Corps of Engineers, recently resigned District Engineer for Alaska and now assigned to duty in Washin gton, expressing appreciation for farewell gift. Item 6(3) November 17, 1967 letter from Mr. Harry Kawabe to Governor Hickel concerning the possibility of a free port and related activities in Seward operated by Japanese and American Development Col, Inc. Item 7.1, 7.2 and 7.3 - The City Manager reviewed the written applica- tions asking for city Council approval of liquor license transfers and renewals for the following persons and establishments, including written report from the city Clerk-Treasurer that all taxes and bills owing the city were paid and written report from the Chief of Police that the re- cords of his department showed no adverse information in answer to the questions of whether all parties involved in the requests were of good moral character or repute and whether any such persons had been convicted of a felony or misdemeanor involving moral turpitude within ten years. The application of the Harbor Dinner Club included request for the Coun- cil to designate the premises at 524 Fifth Avenue, Seward, Alaska, as a public restaurant where minors may enter only to eat if accompanied by a parent or guardian, or minors age 19 through 20 may enter only to eat though unaccompanied by parent or guardian. Report from the Chief of Police concerning the results of initial investigation thereof advised no discrepancies noted and approval of the application given by the Sew- ard Police Department. 7.1 : Transfer of dispensary license Northern Bar, Inc. and Hazel Hall d.b.a. Northern Bar to Northern Bar, Inc. and Dorothy Johnson Ralls and the renewal thereof. Clmn. Urbach - I would move that the request for trans- fer be approved. seconded by Clmn. Amend. Vote - Unanimous Yes. elmn. Urbach - I would amend to include the renewal approval. Clmn. Amend - I agree. Vote - Unanimous Yes. 7.2: Transfer of dispensary license Dorothy Johnson d.b.a. Gil's Lounge to Louis E. Thorn d.b.a. Gil's Lounge and the renewal thereof: elmn. Urbach- I move that the application for transfer and renewal be approved. Secon- ded by clmn. Hulm. Vote - Unanimous Yes. 7.3: Renewal of dispensary licenses: Louis E. Thorn d.b.a. solly's Lounge; Evangeline G. Stetson (formerly Evangeline G. Allen) & Yukon, Inc. d.b.a. Yukon Bar; Rosie Eitel d.b.a. Flamingo; Sam Romack d.b.a. Pioneer Bar; Sam Romack d.b.a. Tony's Bar. Renewal of retail licenses: J. H. and Esther Werner d.b.a. Yukon Liquor store; Seward Trading Co., Inc. d.b.a. Seward Trading Co., Inc.; Sol J., Hilma J., Martin J. and sidney N. urie d.b.a. solly's; Sam Romack d.b.a. Pioneer Liquor store and Sam Romack d.b.a. Tony's Liquor Store. ~ ., t :1. 4! Regular Meeting Decem;Jer t;, - ].:L, ].967 RenEwal of Club :Licenses: American Legion Post #5; Seward Elks Club #1773. Clm!'.. Skinner - I would move unanimous apPl~11 of renewal of the li- quor licenses as listed. Seconded by Clmne Galea. Vote - Unanimous Yes. Renc,wal of dispensary license and request 1:0 be designated a restaurant where minors may eat under certain conditions as set forth in the law: Robert J. Zentmire and Cathryn S. Zentmire d.b.a. Harbor Dinner Club. Clmn. Urbach - I would move that we qrant approval to the request of the Harbor Dinner Club to be desiqnated as a public dininq room where minors may eat when liquor is being served as set forth in the statutes, and approval of the liquor license renewal. Seconded by Clmn. Amend. Vote - Unanimous Yes. Marvin E. Nelson and Sara M. Nelson d.b.a. Palace Bar dispensary licen- se renewal application and request for minors to eat as provided by the statutes was reviewed. As the l~ensees were not available for discus- sion and the Council wished to be certain the designation was understood, Clmn. Hulm - I would move that we table this until the next reqular meeting. Seconded by Clmn. Galea. Vote - Unanimous Yes. Myr. Kirkpatrick called recess and reconvened the meeting with the same members present as at the recess. Item 7.4 - Resolution No. 667 was read in full as follows: RESOLUTION NO. 667 BE IT RESOLVED that pursuant to the requirements of Resolution No. 614 passed and approved on the 24th day of April, 1967, that the attached fee estimate dated November 8, 1967 and stated at $5,400 to $5,700 based on June 30, 1967 experience and preceding statements, is received from Peat, Marwick, Mitchell & Co. for the examination of all accounts of The city of Seward, and that said estimated fee is hereby accepted and approved. This Resolution shall be effective upon the date of passage and approval. Passed and approved by the City council of The City of Seward, Alaska, this 11th day of December, 1967. The Manager reviewed that this item had been tabled to request a lower rate from the auditors, who felt that the offered rate was the lowest rate they could offer. Clmn. Urbach asked if the City was bound to the minimum price if the books were in better condition and the Manager thought perhaps except that the past experience was not encouraging to them;that if everything was so that they could do the work very quickly, he thought they would talk to the City; to question that he would not favor chang- ing auditors at this time. Myr. Kirkpatrick mentioned that this firm had been very helpful to the city in many other items. Clmn. Urbach - with the remarks of the city Manager that it is possible,if our books a are in qood shape,to get a reduction from this price, I would move for adoption of this Resolution. Clmn. Galea mentioned that last year at the hourly rates the charge would have been $6400 instead of the $5200 actually charged. Seconded by clmn. Skinner. Vote - Unanimous Yes. Item 7.5 - Letter of resignation from the City Council to be effective January 1, 1968 due to increased program in his work making necessary to choose between the several public service positions, was read under correspondence, here defined for agenda purposes. Myr. Kirkpatrick expressed his regret at this resignation and advised he would have to recommend the Council accept it for the reasons given, being of the opinion that Clmn. Galea's Borough School Board and Economic Develop- ment work was very important to the city. clmn. Skinner - I move that we accept with reluctance clmn. John Galea's resiqnation effective January 1, 1968. Clmn. Urbach seconded and requested letter of appre- ciation from the Mayor and Council. Vote - Unanimous Yes. Item 7.6 - Appoint councilman to fill vacancy in 67-69 term until next general election. clmn. Skinner - I move t hat Item 7.6 be tabled until the next reqular meetinq. Seconded by clmn. Amend. Vote - Unanimous ~ as of the y:r~ day of ~<"~;A../ , 1967. . l:~Trr!\C~il:,D rso J~\NP ~'\.v\J)r: r p}'J{'r O~., PZV~'.L t,JO a 136 (~? T'~rL ,,;iJU1;l(~ fL 't'.(?:':Tt~~1.~: 'vi"'L-Ul:llF: 130 r:..LCCU::.i) COFI. Attention is called to the following s:tf8ff~~s ~s J;;:~~ppe~:1h 8ftrn~A;qCfmreJ: NO. 362: Section 17: Section 23: Section 25: Section 26: Section 27: Section 28: Section 30: Section 31: Section 36: Harbor Master Seward Harbor .Area Seward Municipal Small Boat Harbor Authority to Board Duty of Boat Owner Liens Restrictions as to Speed U. S. Coast Glk'lrd Regulations Tampering with Facilities & Appurtances Prohibited Unattended Fires Prohibited Float Assignment Services of the Harbor Master Gridiron Floa ts and Docks Garbage Disposal Cleanliness of Floats Inflamable Materials Violations Considered Misdemeanors Section 2 - Subsection 2(c): Section 2 - SU,bsection 2(h): Section 2 - Subsection 2(0: Section 4: Section 5: Section 8: Section 11: Section 13: Section 16: SECTION 9: (A) Vessels mooring in stalls on any day from the 1st to the 20th of any month shall be charged a full months rental. Vessels mooring after the 20th day of the month shall be charged for one-half (l /2) months rental. (B) All moorage or rental fees described herein .are due in advance on reserva- tion of the berth or facility and thereafter on or before the FIRST DAY OF lliE MONlli. Failure to pay the moorage or rental fee in advance by the first day of the month shall cause the account to become delinquent and thereupon a delinquent penalty in the amount of 10% of the delinquent charges shall be imposed and collected. TIns RESOLUTION and the charges therein specified shall be in full force and effect Passed and approved by the City Council of The City of Seward, Alaska, on the 11 th day of December, 1967. Attest: 1'L~~~'_Li ~ 7//dZ~ TIeatrtce ~. arts CIty Clerk-Treasurer - 7 - ,:"T'I'AClIED 'l'Q AN)) lYJADB A PA'R1~ OF FAG! NO ft 136 OF 'Hili COUNCIl, ~4Il>-I-uTES VOLUJY1E 1:3. RECORD COpy Beatrice Eft lvattso city Clerk-Treasure (E) Damage to the Wharf, Dock or their appurtances or property, caused by any vessel or personnel will be the responsibility of the COMPANY or PERSON using sall}e. Charges for repairs to damaged property will be at COST PLUS reasonable charge for delays occasioned by damage. Labor performed to keep property in clean and orderly manner, when not left clean by parties using, will be charged for at COST PLUS 20 PERCENT. (F) The right is reserved by the City without responsibility for loss or . . damage attaching, to refuse to accept, receive, unload or permit vessel to discharge: (1) Merchandise for which previous arrangements for space, receiving, unloading or handling have not been made with the City by Consignee or Owner. (2) Hazardous or offensive merchandise or merchandise which by its nature is liable to damage other merchandise, is subject to other locations within said premises with all expenses and risks of loss or damage for the account of the owner, shipper, or consignee. (H) Merchandise remaining on wharf or dock premises after expiration of free time may be removed to private or public warehouses with all expense or removal and risk of loss or damage for account of the owner, shipper, or consignee, or carrier, as responsibility may appear. FREE TIME as men- tioned above shall be not more than three (3) days or seventy-two (72) hours from time of notice of mailing. (1) Right is reserved by the City of Seward to withhold delivery of merchan- dise until accrued terminal charges against said merchandise have been paid. SECTION 7 - BEACH LOADING: There shall be no barge or vessel loading from the beach within the dredged Small Boat Harbor. SECTION 8: Rules and regulations governing the Seward Municipal Small Boat Harbor as specified in Ordinance No. 362, are hereby made a part of this RESOLUTION the same as if they were specifically printed into the RESOLUTION. - 6 - . ~t mAr ..t~, 1. as applicable to Roles, Piling, Lu mber, Logs, or Cants. Freight N. O. S. (not otherwise specified) Fish & Shellfish: fresh, canned or frozen Poles, Piling, Logs, Lumber, or Cants $ 2.00 FREE 1.00 (Ill ~TTACHED TO AND MADE A E}d~~F PAGE NO. 136 ~F THE COUNCIL MINUTE~'/V~UM~ 13~ RECORD COPY. ". '- /'(j. J _ .t,/t./"".... 'V Beatrice E.. Wa ., city Clerk-Treasurer --- WHARFAGE RATES: Except as otherwise provided rates apply per TON of 2,000 pounds as manifested by vessel for revenue purposes or per 2,000 feet board measure SECTION 6 - TERMS FOR USE OF CITY DOCK OR WHARF: The use of wharves, docks C?r facilities shall be deemed an acceptance of the terms and conditions named herein. (A) Vessels discharging or loading cargo at any City owned or controlled WHARF, PIER or FACILITY must furnish the City of Seward a complete manifest of cargo, or at the cities discretion may furnish in lieu thereof, FREIGHT BILLS and abstracts covering all freight shipments to be discharged prior to commencement of disch~rging or loading operations. (B) Delays in LOADING, UNLOADING, RECEIVING, DELIVERING or HANDL- ING merchandise arising from combinations, riots, or strikes of any person in the employee of the city or in rhe services of others, the failure or break- down of terminal mechanical equipment, delays arising from any other cause not reasonably within the control of the City, will not entitle the owners, I shippers, consignees, or carriers of merchandise to waiver of any terminal charges or expense that my be incurred. (C) Rate named does not include any INSURANCE. (D) The City of Seward will not be responsible for any loss or damage caused by FIRE, FROST, HEAT, DAMPNESS, LEAKAGE, THE ELEMENTS, EVAPORA TION, NATURAL SHRINKAGE, WASTAGE, DECAY, ANIMALS, RATS, MICE OR OTHER RODENTS, MOTHS, WEEVELS or OTHER INSECTS, LEAKAGE or DISCHARGE FROM FIRE PROTECTION SYSTEMS, COLLAPSE OF BUILD- INGS OR STRUC11JRES, BREAKDOWN OF PLANT OR MACHINERY EQUIPMENT or by floats, logs or piling required in breasting vessels away from wharf; nor will it be answerable for any loss, damage or delays arising from insufficient notification or from war, irnurrection, shortage of labor, combinations, riots or strikes of any persons in its employ or in the services of others or from any consequence arising therefrom. - 5 - . Note "8" :ft.""'" ~'IT' . '~'~''". "..~.,.dl .'~.;l",j;"",:'~ ,,/" .p~::":.\'I~ ';'~I? ~1r}A~~~ t.~O. ,!;.3-4~ ".,.. ..''''"C~'_5>-; _ J. "1. _ ~, .to:. iU .- l~" rC{;Or,Ii COPXa -/T']7::L,' :;-jeat.t:i'(~e I Q t~';:1tts Service charges not assessable on RAW FIStluiiscJ1arg.ed't01'sG ()r' 'I~" c ':UN'!!':':')" \'.:'.,t:!J;~" the purpose of processing in local processing facilities. Note "C" Charge shall not apply on the loading or unloading of FISHING G'EAR or EQUIPMENT or SUPPLIES connected with Commercial Fi>shing. Note "0" The City of Seward reserves the right and priviledge to waive service charges at its discretion when it appears to be in the best interest of the City. Note "E" SER VICE CHARGE RATES: Rates apply on cargo loading from or to vessels except as otherwise provided. Rates are in cents per 2,000 pounds or 2,000 feet board measure. COMMODITY: Freight N. O. S. Scrap, Iron, 0r Steel Poles, Logs, Lumber, or Cants $ 1.28 .50 .25 SECTION 5 - WHARFAGE DEFINITION: Wharfage is the charge against merchandise for its passage, over, under, or through any wharf, pier, or other docking facility, or loaded or discharged over- side vessels berthed at wharf, pier, or other docking facility owned or controlled by the City of Seward. APPLICATION OF WHARFAGE CHARGES: Wharfage rates named will be assessed on all merchandise except as follows and is in addition to other charges namect: (A) Merchandise on which wharfage has been assessed may be reshipped from same wharf without further assessment or wharfage provided the merchandise is not removed from the wharf while awaiting trans-shipment. (B) Merchandise discharged or loaded overside of vessel directly to or from another vessel or to the water when vessel is berthed at wharf will be assessed one-half the wharfage rates named herein. (C) Exempt from CHARGES; Overstowed cargo (defined as cargo destined for Elischarge at another port that a vessel must place on wharf and reload), also exempt ships gear necessarily discharged and reloaded before the vessel departs. - 4 - . A'1"l'i\en.!.r '.;.'0 ,:iJ'JD IV\i\l j, l.'l\!:',T OF .l?l",CE; 00. 1.3',) IT '?TlE cOU)~CIl, xlIjc;U'J'TS C\JOI,m',!-1" 13~~C'-:>f'J) Cf)IJY. (C) Vessel owners or agents of any owner desiring to have ve~eeJ'~~J~~i~R&ts or placed in the water, shall sign application and payment agr~~~n~~8r~\fi#S. work is done. (d) No person shall remain on any vessel while same is being removed or placed in the water. (e) In cases where boat is raised and owner desires to have same remain in the slings while repairs or inspections are being made, the charge for lifting out and placing the boat back in the water shall be $1. 00 per foot plus $15.00 per hour for stand-by time. This service to be available only when boat lift is not needed for other boats or services. SECTION 3 - LABOR AND SERVICE CHARGES: Services and labor performed by the Harbor Master or any City Employee working in the harbor shall be as follows: (a) Labor shall be charged for at the rate of $5.00 per hour with a minimum charge of $2. 50. (b) Pumping of boats which are in danger of sinking - $5.00 per each pumping, not to exceed one (1) hour. (c) Continued pumping of any l~)in which is in danger of sinking and requires continued pumping facilities - ~3. 50 per hour after the first hour. First hour shall be $5. 00. (d) Re-mooring of any boat due to improper mooring b~' owner or operator shall be $7.50. (e) Replace mooring lines that have become unsafe or broken: Base charge - $5.00 plus 25~ per foot for mooring line. SECTION 4 - SERVICE CHARGE FOR USE OF CITY DOCK FACILITIES: SERVICE CHARGE DEFINED: Service charge is the charge assessed against vessels, their owners, agents, or operators, which load or discharge cargo at the CITY DOCK, for performing one or more of the following services: (Subject to Notes A, S, C, D, E, F.) (1) Providing terminal facilities (2) Arrange berth for vessel (3) Arrange terminal space for cargo (4) Lighting terminal Note "A" Service charge does not include any freight handling, loading or unloading operations, nor any other labor than providing the services. . - 3 - AT HARBOR DOLPHINS: ..,,,'" A "'''nor OF P'\GE 1110. 136. AT'l'i\C:IJ'JJ 'l'0 AND ",'"",.1:, CI:U' nf T71E COUNCIL M.INUTES \lO!..U-1E: 13, ~ COpy Be~~~~~: vyatt 24 Hr. Peri(xf:ity ~MoiltJieas $ 1. 00 $ 20.00 30. (X)' Boats with beam of 20' or less Boats with beam of 20' or more 2.00 Permit is required for mooring in these berths. GRID RENTAL CHARGE: Grid rental charges shall be $10.00 for a period of 48 hours and $25.00 for each additional day or portion of a day that GRID is occupied in access of the initial 48 hours. The Harbor Master shall issue written permission for use of GRID and no boat shall be moved onto GRID until such permission has been granted as GRID use shall be on a FIRST COME - FIRST SERVED, basis. BEACH STORAGE RENTAL CHARGES: Beach storage rental charges shall be $5.00 per month or any portion thereof and shall be payable in advance, Prior authorization and designation of storage area shflll be secured by the renter from the Harbor Master in accordance with provisions as stated in Section 19, City Ordinance No. 362. The surface of all storage areas shall be returned to its previous condition if damaged by renter. SECTION 2 - MARINE BOAT LIFT CHARGES: (a) The following charges shall be made for use of the MARINE BOAT LIFT facility during the hours and times specified - 7:00 a. m. to 4:00 p. m. , Mondays through Fridays: $1. 00 per foot (AC11JAL LENGTH) for launching or removing from water to staging area only. 4:00 p. m. to 7:00 a. m., Daily, plus Saturdays, Sundays and Holidays: $1. 00 per foot (ACTUAL LENGTH) for launching or removing from water to staging area only, plus labor over-time charges. (b) Boat Lift charges of $1. 00 per foot shall cover only the first one (1) hours time. If owner desires his boat to be moved into any area other than the staging area and such move requires time over one (1) hours, the stand-by or additional time shall be charged at the rate of Fiftenn ($15.00) Dollars for any hour or portion thereof over the first one (1) hours. A ten percent (10f0) penalty shall be lldded to and collected on any and all past due lUlls. CITY PERSONNEL only shall operate the Marine Boat Lift and all charges aJre due any payable upon completion of work. . - 2 - r"T" ':;1'.:~.::';' .o:...";.L ':~.j ,.""'."- .:. ATTACHED TO AND IV';ADE A PA,RT OF PAr,;;E NO. 136 . ' OF THE COUNCIL MINUTES i(OIJDr'l:t; 13 I RECORD COPY. THE CITY OF SEWARD, ALASKA 'A';? ~ '- )' , RESOLUTION NO. 671 Beaty~ce E. Watts" city Clerk-Treas~~ 'I BE IT RESOLVED that Resolution No. 441 and all other Resolutions in conflict \.j~ ~ . ,'\ ' herewith are hereby re~aled and that mooring and other charges for use of the '\\;1'\'\ SEWARD MUNICIPAL SMALL BOAT HARBOR and its facilities shall be as follOZ"S: J\"i Iy" '(\t~':/ ' SECTION 1 - MOORING RENTAL CHARGES: c ~\ I,"\\'V . , }V,w .0" --L \'(/~l '1 \.' \' ,\ SMALL BOAT HARBOR: ~\.-'v;' yL" ft-' (a) For rental of the below described Mooring Berths the designated charges shall be made with all such charges due and payable in advance: Moorage Description Float "A" Finger Floats 23' long Float "B" Finger Floats 32' long Float "C" Finger Floats 32' long Float "0" Finger Floats 42' long Float" E" Finger Floats 50' long Float "F" Finger Floats 75' long Float "G" Finger Floats 17' long Float "s" Finger Floats 17' long Float "S:' . Finger Floats 17' long Per Month or Per Year - any portion payable in thereof advance $ 7.50 $ 75.00 , 10.50 105.50 ~ 10.50 105.50 " 13.50 130.50 ~ 15.00 150.00 20.00 200.00 5.00 50.00 5.00 50.00 Daily Rental - $2.00 (b) No moorage stall shall be rented for less than six (6) months from April 1st ttmough September. Monthly mooring rental will be available from Oct- ober 1st to April 1st. No finger float may be sub-let. (c) Boats berthed outboard of any other boat (allowable only when there is no suitable space available at float) or tamden. The same rate as fpr boats moored at float shall be charged. Boats of comparable length, size, etc., shall be berthed together when- ever multiple berthing is required. A T CITY DOCKS: Boats with beam of 20' or less Boats with beam in excess of 20' I $ 25.00 50.00 Monthly only Monthly only Cargo loading or unloading shall have priority use of the CITY DOCKS at any and all times. - 1 - . tH6 Regular Meeting December 4 - , 1 -'~ -- , ~_967 . - quirement set at one year and completion of COMlittee wo~k set at May 6, 1968 by council was read in full; however the Couhc'il was not pre- pared with names of nominees and Clmn. Skinner -- I would move that we table Resolution No. 670. Seconded by clmn. Hulm. Vote - Unanimous ~ (See action agenda for text of Resolution No. 670.) Item 7.9 - Resolution No. 671 Establishing Mooring and Other Charges For Use of the Seward Municipal Small Boat Harbor reading commenced and Myr. Kirkpatrick noted this a Resolution only and the Council had studied it at length and requested discussion and action without read- ing. Clmn. Hulm asked for the revisions resulting from the study ses- sion to be reviewed for him and this was done. It. was agreed that Sec- I tion 7 was to have included "dredged" before "Small Boat Harbor." and this amendment recorded; discussion of singular ~:sage to describe city Dock leaving an unclear situation with regard to the new dock equipped for operation of the boat lift in the event that it were used to tie to though not so intended except incidental to using the boat lift or to unload cargo. Clmn. Amend expressed preference to have the rate set forth with any conditions rather than letting the resolution be silent and open to question, and to clmn. Urbach's thought that the Manager should have discretion to regulate the use of the dock, advised he would prefer to see the rate and requirement for prior approval of any use in the resolution, and it was agreed the city could and should control the use of the city Docks. Clmn. Amend - I move that we amend "city Dock" in Section 1, Item (c) to the plural, and also in Section 7 to include the word "dredged" Small Boat Harbor for beach loading. Seconded by clmn. Skinner. Vote - Unanimous Yes. Clmn. Skinner - I move that we adopt Resolution No. 671 as amended. Seconded by clmn. Amend. Vote - Unanimous Yes. See attached copy of Resolution No. 671 attached hereto and made a pari: hereof. Item 7.10 - Receive new proposal by Ronald E. Fox to lease Lot 1 in Block 1 in the Marina Subdivision for restaurant and cafe business - I The Manager advised that he had a lease offer for the above property and use, on the city's standard lease form for the Harbor area, for . the period 11/4/67-11/4/97 and providing for the required renegotia- tion of lease rental amount each five years, the first five years for this parcel at 3~ per square foot amounting to $336.00 per year to be paid in advance; that Mr. Fox proposes to proceed with due diligence to construct a building and to present final plans by April 1, 1968 and to construct the building during 1968; that he proposes to use his present building with an addition of 10'x24' onto the North side and skirted and lined, which he believed would make it a permanent building under the building code and recommended this be accepted by the Council as satisfactory building. council discussed the i:ype building and foun- dation it wished to have in that area and what constituted a permanent building; questioned the building being still on the lot and the Manager explained he had given permission for it to remain until the council made a decision concerning the present application for lease. Clmn. Skinner advised he would prefer to receive the final plans earlier than April 1, say February 1 and to require construction to start by the end of March. The council requested the Manager to investigate further con- cerning building code requirements for concrete foundation vs skids and skirting to consider a building permanent under that criteria and noted its reluctance to adopt that as the criteria which tended to render the I lease requirements for a permanent building and Council approval of plans as meaningless if such were considered permanent under the codes and the Council adopted those as the criteria of the lease. The Manager suggested that it might be desirable to have Mr. Fox appear before the Council and Myr. Kirkpatrick requested this be done. Clmn. Skinner - I move that we table Ronald E. FOX'S proposal until the next regular meet- ing. Seconded by Clmn. Hulm. Vote - Unanimous Yes. Item 7.11 - Resolution No. 669 extending License l\greement for Halibut Producers Cooperative to use a portion of the Cii:y Dock until January 1, 1969 - The resolution was read and the area of the dock licensed for use was reviewed and discussed as well as the arecl and privileges in con- nection with the building lease. Council felt that excessive space on the dock was used by Halibut Producers; that there should be more local REGULAR MEETING DECEMBER 4 - 11, 1967 j, ~ r~ _tJ;) Item 7.7 - Rel"olution No. 668 authorizing loan from Electric Department for EDA Project over-run was read as follows with blanks for term and manner of repayment completed by the Council: RESOLUTION NO. 668 WHEREAS, The City of Seward entered into a Grant and Loan Agreement with the United States Department of Commerce, Economic Development Ad- ministration for EDA Project No. 07-1-00089, The City of Seward, 1967 Seward Municipal Boat Harbor Dredging and Facilities Project, as auth- orized by Resolution No. 579 passed and approved by the City Council on the 21st day of November, 1966; and WHEREAS, Section VIII of said Agreement requires the city to pay the difference between the total costs of said Project and the funds from the EDA Grant and Loan; and WHEREAS, by Resolution No. 630 passed and approved on the 15th day of May, 1967, the City Council guaranteed to Economic Development Adminis- tration that it would pay such sum in the approximate amount of $20,079.00; and WHEREAS, Section ll.l(a) (d) of the Seward Home Rule Charter provides for notes for loans from the accumulated reserves of the City on a definite plan for repayment thereof and of interest thereon as provided by the council; and WHEREAS, The City of Seward, Electric Department has accumulated working funds sufficient to loan to The City of Seward, Municipal Small Boat Harbor the sum below stated; and WHEREAS, the short term loan authorized from these funds by Resolution No. 620 passed and approved by the city Council on the first day of May, 1967, was not used; NOW, THEREFORE, BE IT RESOLVED that The city of Seward, Municipal Small Boat Harbor Division, be and is hereby authorized to borrow and The City of Seward Electric Department be and is hereby authorized toloan not more than the difference between the total costs of The dty of Seward, 1967 Seward Municipal Boat Harbor Dredging and Facilities project, EDA Project No. 07-1-00089 and the revenue from the grant and loan of said project as established by Government audit, currently estimated to be: Phase II-Dock & Boat Lift: Total: $246,275.59 $482,275.59 32,187.50 32,187.50 20,600.00 30,100.00 3,820.00 3,820.00 5,125.00 5,125.00 $553,508.09 Less Grant & Loan Funds $540,000.00 Estimated Difference $ 13,508.09 for a term of five (5) years to be repaid as follows: equal installments of one-fifth or ($ ) shall be paid against the loan princi- pal on or before the first day of each December commencing with the first day of December, 1968; until the entire loan plus interest at the rate of four and one-half per cent (4.5%) per annum on the declining principal balance has been paid in full, and Phase I-Dredqinq: $236,000.00 -0- 9,500.00 Combined Combined Costs: Construction Equipment Design & Inspection Legal & Administrative Interest BE IT FURTHER RESOLVED that the Mayor and city Clerk-Treasurer be and are hereby instructed to sign a note for said loan, which shall include all of the foregoing conditions. This Resolution shall be effective on the date of passage and approval. Passed and approved by theCity Council of The city of Seward, Alaska this 11th day of December, 1967. Clmn. Galea - I move that we adopt Resolution No. 668. Seconded by Clmn. Skinner. Vote - Unanimous Yes. Item 7.8 - Resolution No. 670 naminq Advisory committee for Home Rule Charter amendment and settin, forth duties was read and residency re- I I I Regular Meeting December 4 - 11, 1967 ~l H 'i hire inasmuch as the reason for the extremely beneficial to Halibut Pro- ducers Cooperative lease was to assist the~l in re-establishment in order to create jobs for Seward citizens, and discussed that it would like to receive programs for such from HPC for its concurrence and understanding and which might include such ideas as a certain quota of local hire or certain jobs to be local hire, but definitely protesting the practice of recent years whereby practically all local hire is discontinued as soon as the non-local college people are available and requiring increased lo- cal hire. Conunent was made concerning fish having been turned away last year and general dissatisfaction with the manner of operation. Clmn. Urbach - I would move that we table this until after we do get some cor- respondence from them after we tell them our views. Seconded by Clmn.Hulm, Vote - Unanimous Yes. The circumstances of the construction and lease of the building and terms were briefly discussed and it was brought out that Halibut producers is making use of land West of the leased area without permission; that the location of the road was not known at the time the lease was drawn and therefore a minimum land parcel leased without fee, and now that the road location known, the total area should be delineated and provided for under lease with fee, and it was agreed that a representative of Halibut Pro- ducers should appear to talk with the Council about solutions for all of these items. Item 8 - Reports from the Borough Assemblymen - (1) Clmn. Skinner request- ed consideration for changing the date of the next Council Meeting as the Borough Assembly was meeting that night. (See Item 9(10). Item 8(2) That he had not attended the 11/13/67 meeting; that on 12/4/67 the Assembly had a work session with the School Board and established some guidelines for the coming bonding and construction program and that when the material in hand, he, Clmn. Willburn and Galea would endorse the pro- gram by discussion over the radio, with the PTA and any other method to inform adequately the public and from the position of their dual roles of Councilmen-Assemblymen and Clmn. Galea as School Board Member. Item 8(3) Cook Inlet pipeline tax exemption request was voted down. Item 8 (4)Ordinance for full time leqal department was postponed due to difference of opinion as to who should have control as the ordinance place~ the department under the Chairman while the attorney is presently employed by the Assembly. Item 8(5) Ordinance concerning representation outside first class cities was tabled. Item 8(6) Ordinance for purchase of land for the new elementary school in Seward was passed. actual purchase still under negotiation and going smoothly, and he thought then additional negotiation involving the City, Clmn. Galea advised. Item 8(7) Clmn. Skinner advised there had been discussion again concerning Seward's position concerninq the 1967 foreclosure and it was postponed again as he needed information if to present this technical matter. The city Manager advised he had discussed this with the City Attorney that day and he would have some material prepared for him to take to the meetings the coming Thursday. Item.8(8) Air pollution ordinance passed. Item 8(9) Clmn. Skinner reques- t~81~a~ice concerning the industrial incentive tax exemption application of Collier Chemical and the previous actions of the Assembly were briefly reviewed in view of local applicability and no specific instructions were offered to Clmn. Skinner. Item 9- Reports from the city Manager - (1) The meeting with cit official and Local Affairs Director would be Thursday December 14, 1967 at 10:00 am in Soldotna with the Assembly ioininq the afternoon discussions and Coun- cil requested to attend. Item 9(2) State Highway Department will conduct public meeting in Kenai on December 19th to discuss its five-year program in which Seward projects are scheduled as follows: Third Avenue Qlrb & Gutter in 1970; Road to Airport Road in 1968 (area beyond not clear and may be included with Nash Road; Nash Road in 1971. ..~ g, ~ " ) .,.....,... . . ~. ~ ....,eq~__2~ Yee-:~~q ~PCP~JPr L ,C ' _~ ~o' I; - - '" ".;c._ " - :.:., :. C',) 7 --' "-;))/;:1" , (Ii.~: (', 'r Iter~ 9 (3) . Reported on discus;3ions the ~axd c!.:c",legation/working on the Marlne SClences and~~:.5l.r5h _.InsJ:.itutE~~iect :lad ~ with Governor Hickle, the e,jlTonJ.ssi:::ner of }~esou:rces. Represen,~ives at Division of Har- bors and Economic De'ielopmen't c()tlcerning this and other matters such as the lumber and chip IfiLL projects, when in JUrll=:ilU. Item 9 (4) Te:3ted for I;lCi:hoc:. and cost of removal of heavy snowfall from the sidewalks by removing that before the streets are cleaned; worked on walks adjacent to vacant lots to test; that if the work cosis too much would asses~; the property owners for the total cost wherever the city must do the cleaning due to failure of the property owner to do so. Item 9(5) city Attorney will have information concerning Seward position on the 1967 Borough real property tax foreclosure in time for the meet- ing on the 14th and Clmn. Skinner asked to have that same information for the meeting on the 19th of the Assembly. Item 9(6) Cameron vs. city is scheduled for trial sometime in March here in Seward, also Morgan vs. city. Item 9(7) Independent appraisers for GSA are appraising the old ARR property and expect to complete their work by the 15th of December. Item 9(8) Concerning Borough membership fee for Alaskan Municipal League as relates to city membership and fee, that the City should pay on the established census now and if the Borough comes in on an area-wide basis, that any overpayment would be refunded to the city. Item9(9) To question, Clmn. Amend advised no meeting yet set with the Coberlys but would attend to this. Item 9(10) Manager requested permission to take annual leave around December 20th and to return sometime around January 2nd, and noted that each day of that week was occupied with important rneetings which made a problem in postponing the council meeting for the Assembly meeting and still start vacation as planned and for which travel arranged. The council discussed this at length and determined the best solution was to advance the council meeting to 2:00 p.m., Sunday, December 17,1967 with thorough publicity. Item 10 - Council discussion - (1) clmn. Urbach - I would move that we grant the City Manager's vacation leave from December 20, 1967 through January 2, 1968. seconded by clmn. Amend. Vote - Unanimous Yes. Item 10(2) Clmn. Skinner asked if it were known if South Central Tim- ber would be working the Rocky Bay timber sale through seward as lo- cal information is that a road is being planned from Homer to the tim- ber and this was not known but understood announcement might be received within the next month or so. Item 10(3) Clmn. Amend requested status of the dredge vessel which he advised was still tied to the new dock not yet owned by the City and to which it had done damage; noting further that the cat anchoring the tie cable is without warning flag and the cable jumps into the air sev- eral feet with each surge of the vessel against it; that the damage he had observed consisted of the dolphins having been pulled away from the S.W. corner of the dock and pulled away from the caps and broken bull rail. The Manager advised this damage had not been reported to him and he would investigate it immediately. Clmn. Amend suggested Mr. Lounsbury be asked to estimate damage so those responsible could be notified. The Manager explained that the vessel had been arrested by the U. S. Marshal and he was responsible for her. Clmn. Amend con- tinued that he thought the line too light for such a vessel and the crew lacking in competence and the council agreed that the Marshal should be notified to get the vessel secured and off the new dock or out of the small Boat Harbor. Item 10(4)Clmn. Hulm referred to the reported scheduling for access road to the private property East of the airport for 1970 or 1971;that he wondered why the road was not rebuilt and also people owning prop- erty in the area are complaining and he urrerstood this had been on a council meeting agenda. Myr. Kirkpatrick explained that as he recalled it was left more or less in the hands of the state to provide access; ----_.~_.._- ~e~u~ar ~e€~~_n~ ?ece~)er 4 - ~_l, 1967 1 H~ .fcSUJ.2r 1 C(:--:J.j}S J;(:'ccm.J)C2~~ 17, J.96~' ,,-~-- that the Railr0a~ m~re or less a3 a requ~rement wanted the road dua~- ended at th,o' tracks so U1E:'r,= would bE~ no traf fic across; described the alternate route off Nasll Road to give access and Clmn. Urbach suggested the property ovmers be referred to the state. (See Item 9(3) 9/5-E/67) Clmn. Hulm moved for adiournment and inq adjourned at 12:00 Midnight. -, , declared the meet- '--/1 Q.- <Ic<: , '( - T 7 ~/r.7 ~--- Beatrice E. Watts city Clerk-Treasurer -( i!- /r I - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - Regular FMeeting December 18 Advanced to December 17, 1967 The regular meeting of Deceuber 18, 1967 advanced to December 17, 1967 for the reasons recorded in the Jainutes of December 11, 1967 and with wide advertisement of said advancement, vlas called to order at 2:20 p.m. by Mayor R. W. Kirkpatrick. The opening ceremony, pledge of allegiance to the flag was read by Clmn. Hulm. Roll was called and those present were: Mayor Kirkpatrick; councilmer, Bernard Hulm, Oliver Amend, E. G. Skinner and John Galea. Clmn. JVlaynard willburn arrived about 2:27 p.m. during Item 6(2) and clmn. Urbach arrived about 2:40 p.m. after Item 7(1). Clmn. Skinner requested the record to show that the reason he was tardy,and for which the Mayor delayed, was due to immediately prior meeting with representatives of Union Oil Company and CollierChemical Company preparatory to the Borough hearinq the next Clay. The City Mana- ger was also present. Item 4 - No minutes were ready. Item 5 - The Clerk reported that the remaining appointee to the Standby Council had advised his family was ill and he could not attend, that he had requested to be sworn in during office hours, to which Mayor Kirk- patrick then concurred. I Item 6(1) The city JVlanager read letter of transmittal from the State Department of Administration for $10,000, the last disbursement of Disaster Transitional Funds based on the city's final claim and result- ing from a refund collected from another City. (Clmn. Willburn arrived.) Item 6(2) Another request from Pioneers of Alaska, Igloo #9 for use of the old Alaska Railroad depot building was read, and the Manager advised he would offer them the same arrangements as others using the area. Item 6(3) December 15, 1967 letter from Resurrection Bay Shipyard to Alaska State Housing Authority requesting conveyance of a portion of the Urban Renewal Project lands bounded by Third Avenue, Railway Avenue, First Avenue and Washington Street for use in connection with a shipyard industry estimated to represent 60-100 jabs and $3,000,000 investment, was read. I Item 6(4) December 16, 1967 letter from Japanese & American Development Co. ,Inc. of Alaska and/or Seward Fish & Cold Storage Company asking for the old Alaska Railroad site on a thirty year lease to operate a cold storage plant with 800,000# holding capacity and 100,000# daily blast freezing capacity, was read, including statement that joint leasing, subleasing or some form of joint use of the property was agreeable to this firm. (See Item 7.7) Item 7.1 - Resolution No. 672 declaring need for Sunday meeting and ordering all action therefrom to be dated effective December 18, 1967 was read as follows: RESOLUTION NO. 672 WHEREAS, the Kenai peninsula Borough Assembly has scheduled meetings on the regular meeting time and the only possible postponement date for city Council meeting during the week of December 18th; and WHEREAS, it is necessary and desirable for the Council's representa- tives on the Assembly to attend all of theCouncil and Assembly meetings; and WHEREAS, the city Manager has scheduled holiday travel to depart on December 20th to arrive home for Christmas; and -< I f ~ _ , - ~ ,~..I,', VO-. __~ _...... JI- U WHE8EAS, on DecemLer =.1, 1h7 th.e City council advanced its regular meEting to 2:00 o'clock p.m." :31;,nday, Decenbel' l~I, i9!~7 as the best solution t:o these conflicts of schedul.", ane: t~hat: change was given wi6E and early publicity; ?c:q.; ~_;:,r ~e2~~~~ ~ece~:e~ =_7 /"" r...' . ~-(: J , ... ("'o,r:...... -~ :. :) / NOil, THEREFORE, BE IT RESOLVED that .the regulc,r lneet:ing of December 18, 1967 shall be advanced to December 17, 1967 and that all actions resulting tre refrom shall be dated December IB, 1967 to be effective on or from that date. Passed and approved by the city Council of The city of Seward, Alaska this 17th day of December, 1967. elfin. Skinner - I move for adoption of Resolution No. 672. Seconded by Clfin. Willburn. Vote - Unanimous Yes. (Clmn. Urbach arrived.) Ite:n 7.2 - Remainder application for approval of renewal of license for alcoholic beveraqes establishments - The application of Marvin E. Nelson and Sara M. Nelson d.b.a. Palace Bar for approval of renewal of alcoholic beverage dispensary license was reviewed by the City Mana- ger including statement by the City Clerk-Treasurer that all bills owing the City were paid and including statement by the Chief of Police that the records of his department showed no adverse information ln answer to the questions concerning moral character and felony or mis- demeanor conviction within ten years involving moral turpitude. The Manager advised that this renewal license was being processed without application to be designated as a public restaurant where minors, under certain conditions would be allowed to eat where alcoholic beverages were being served, as licensees were not certain that they wanted to secure this license upon learning that it might require denial of access to the eating counter, as separate from the dining room, by minors unaccompanied by parent, guardian, etc.; that additional infor- mation concerning this would be secured by the City from the Alcoholic Beverages control Board, from which licensees would determine whether or not to later apply for such license. This was discussed in some de- tail and generally as related to operation of the license. clmn. Will- burn advised that he thought the restaurant designation should be cleared up before the renewal was acted upon, but it was pointed out that the bar liquor license renewal could be acted upon for the Janu- ary 1, 1968 business and the license under Section 04.15.020 of the Statutes could be acted upon better later with specific additional in- formation from the control Board. clmn. Urbach - I move that we approve the application. seconded by Clmn. Amend. Vote - Clmn. Hulm Yes; Clmn. Amend Yes; Clmn. willburn No; Clmn. Galea Yes; Clmn. Urbach Yes; clmn. Skinner Yes; Myr. Kirkpatrick Yes. Motion carried. Item 7.3 - Appoint Councilman to fill vacancy in 1967-69 term effective 12 o'clock noon January 2, 1968 until October 7, 1968 - Myr. Kirkpatrick reviewed the term of appointment under consideration as stated in the agenda item as being in conformance with law due to the exact wording of the letter of resignation and the January 1 holiday. Myr. Kirkpatrick presented the name of former Councilman Tom P. Smith to fill this va- cancy and requested Council approval of the appointment. to clmn. Urbach's question, advised that Mr. Smith had agreed to serve if appointed. clmn. Galea - I move that Tom P. Smith be chosen to fill the vacancy stated. Seconded by Clmn. willburn. Vote - Clmn. Urbach Yes; Clmn. Hulm No; clmn. Amend Yes; clmn. willburn Yes; clmn. Skinner Yes; Clmn. Galea Yes; Myr. Kirkpatrick Yes. Motion carried. Under council discussion, here recorded for clarity of record, Clmn. Hulm requested the record to show the reason for his "no" vote which was, not that he objected to Mr. Smith personally, but that he would have to vote against any candidate for appointment who had been defeated in the last election; that he considered it an affront to the voter to appoint a candidate to the office for which he had been defeated. Item 7.4 - Resolution No. 670 naminq Advisory Committee for Home Rule eharter Amendment and setting forth duties having been read in full at the December II, 1967 meeting and all blanks for dates, etc. having been then completed under Item 7.8, except the names of those to serve, Resolution No. 670 was not read again in full. Nominations were made by the council at this time and later after a recess and after Item Regular ~eeting Dece~Jer , - _1_/ ('0) '''6~ _'_ ,,< I ~- J I VOL 13 1. 4 ~ 7.7 to enable mt:mber S ':0 do tele:?hon:.ng ,lere consolidated for cl<:,rj t:r of record, as here lis'::ed; each member of Council voted for ,3even pf r- sons on paper ballots, opened an::! read by the Manager and taJJulatC'd bJ the city Clerk-~Creasurer as follows: Frank W. Lewis received six vot'3S; John (Bill) saindon received six votes; Hm. C. Vincent received five votes; Pat R. Williams received one vote; Paul E. Stockard receivEcd six votes; Ed Darling received two v~tes; Gerrit Hoogland received three votes; Phil Hardy received three votes; Wilda D. Fleming received six votes; Donna L. Kowals],i received si:: votes and Hans Hafemeister receiv- ed five votes. Those persons whose names are underlined were declared appointed and ordered inserted into Resolution No. 670. I RESOLUTION NO. 670 WHEREAS, ard Home and WHEREAS, certain other provisions of the charter may be subject to improvement; and Title 7 of the Alaska Statutes, The Borough Act, and the Sew- Rule charter contain certain provisions which are in conflict; WHEREAS, Section 29.05.020 of the Alaska statutes provides tha-t a Home Rule City has all legislative powers not prohibited by law or charter; and WHEREAS, the city Council wishes to submit amendatory propositions to the electorate under the authority of AS 29.40.070 and Home Rule charter Section 14.2; and I WHEREAS, the city Council desires a thorough review of the Seward Home Rule Charter by an P.,dvisory Committee pri::>r to submitting amendatory propositions to the electorate; NOW, THEREFORE, BE IT RESOLVED that: (1) An Advisory Corrunittee for Home Rule Cl1arter Amendment be and is hereby appointed and organized for the purpose of reviewing -the Seward Home Rule Charter and recoITUnending to the City Council such amendments as the ConUTli ttee may determine to be necessary or desirable; (2) Recommendations shall issue from a majority of the Committee. Re- cOIM1endations shall be in writing, signed by at least a majority of the Commi ttee, and with such explanation as tile Committee believes may be helpful to the Council in its determination and/or in the preparation of the amendment and proposition to be placed on the ballot. Proposals failing of a majority vote in the Committee shall be reported as such to the City Council in like manner upon request of the proponents; I (3) All members of the Committee, except the City Manager, shall be qualified electors of The City of Seward and shall have resided in The city of Seward for not less than one year; (4) Meetings of the Committee shall be called by the Mayor or City Man- ager on such dates as may be satisfactory to the greatest number of Committee members; (5) The Committee shall submit its report to the City Council not later than May 6, 1968; (6) Frank W. Lewis, who shall be Chairman,. Mayor R. W. Kirkpatrick, city Manager Kester L. Dotts, Wilda D. Fleming,. Hans Hafemeister, Donna L. Kowalski, John William Saindon, Paul E. Si:ockard and William C. Vincent be and are hereby appointed to serve on the Advisory Committee for Home Rule Charter Amendment. This Resolution shall be effective on the 18th Passed and approved by the City Council of The this 17th day of December, 1967. day of December 1967. City of Seward, Alaska Clmn. Skinner - I move for adoption of Resolution No. 670. Seconded by Clmn. Amend. Vote - Unanimous Yes. The City Clerk was instructed to include in the notification of appointment: the reference material and the specific sections already determined t:o be for review. Frank Lewis was named as Chairman of the Committee and to be so named in the Resolu tion without objection. Item 7.5 - Receive new proposal from Ronald E. Fox to lease Lot 1 in B+ock 1 in the Marina Subdivision for restaurant and cafe business - The C:Lty Manager presented the material of the request including standard J 4r~ VOL 13 :;'egD~.ar ;v'ee-':j.Ylg DecerrfJer ~.7 (c.2) c. ?67 fern lease signed J;y ](r. Fox ::'or thirty year tE'l:m from November 4,1967, wh ic h is the termination of thE: la~t extel).s:;on 9ranted under the pre- vio1.:s negotiations, annual renf~f/~tr~~ ~ili~E-sq8~if~ foot or $336.00 and minimum rental the same figure for term, provision for preliminary plar:.s for the permanent: building to be filed by April 1, 1968 with the City and for the permanent building to be completed within nine months of Kovember 4, 1967 or by August 4, 1968. Nyr. Kirkpatrick asked if there were any changes and the Manager advised there were not except that he had notified Mr. Fox of the questions concerning foundation to qualify as a permanent building. Mr. Fox advised that he now planned to put the permanent building on a concrete foundation and put a little extension on it according to the print of it which he had given to the Manager. Myr. Kirkpatrick asked if Mr. Fox was completely familiar with all of the terms and conditions of the lease and if he was willing to conform to all of them and Mr. Fox said"yes"to both parts of the question. Clnn. Galea asked Mr. Fox if he intended to complete the building as so~n aspossible and before the business season if possible or if he th~ught it would require the time until August 4th. Mr. Fox advised that he intended to finish the building as soon as possible and ahead of the August 4th deadline if at all possible; that Mr. Don Ennis was going to do the work for him and as soon as he got back they would get ready. Myr. Kirkpatrick asked again if Mr. Fox thought he could live up to the lease terms and he said he could; that he saw no difficulty with it. clnn. Urbach noted that the previous lack of concrete foundation was the most important problem at the December 11, 1967 meeting and it was agreed and agreed solved by the concrete foundation. Clmn. Amend - I will move that we approve the proposal of lease from Mr. Ron E. Fox as described in the conditions. Seconded by Clmn. Hulm. Vote - Unani- mOllS Yes. Item 7.6 - Receive lease proposal for waterfront property from Resur- rection Bay Shipyard - Clmn. Amend asked to be excused from discus- si~n and voting on this item and also on Item 7.7 due to financial in- terest in the applicant firm and he was excused without objection. Clnn. Pmend then left the Council table to present the proposal of Resurrection Bay Shipyard. Mr. Amend advised that he was presenting the proposed lease agreement and asking for a letter of intent, not asking for agreement to the full and firm lease as that would require negotiations to arrive at the fi- nal agreement but was asking for a letter of intent to lease. Mr. Amend then described the facilities and operation proposed by Res- urrection Bay Shipyard as being an elevator type lift which can handle ships of up to 1500 tons and shipyards to correspond; employment in the yards would be 60 to 70 people annually with the largest number employ- ed during the wintertime and with maximum possible employment of local people with on-the-job training. Mr. Amend continued that private money would finance the project and those who would operate it are all qualified in this business and work- ing in it now; requested a thirty-year lease with the first twenty years free (except under the conditions below of cost to the City) and with the remaining part of the proposal general conditions drawn up by their attorney, Mr. Milton Slater, who would be authorized to negoti- ate legal wording with the city Attorney once the general idea agreed upon by the parties. Mr. Amend advised that principals of Resurrec- tion Bay Shipyard would be in Seward before Christmas or shortly there- after and due to the nine month delivery date on the elevator, were ex- tremely anxious to conclude an agreement with the city, which they re- alize depends upon the conveyance of the property to the City, and also t~at should the city be charged for the old ARR property that the offeror would pay that expense. MrAmend advised that the investment in the facility would be very large, I I I :?cc:u~.;:'r ;:ec-':j_nc :J(-:CC:-,1-x'r _ J C--- ~ -_~(,7 VOL 13 1. 4~i involving $$1,000,000 installation cost for the elevator, arrangme~tE ~r subleasinC! ;:me: SUb:::;idl.' es t:J related :_nclustries in a low profit bl'si- 't1 ab 1,1" c'< OOrl 000 total - nx:estment _ e ~,/bU'to cha1:~i't (tbes errr0loy -la~ge nun::::br:3 of people. Mr. Amend 2_d- vised that Uwy plannell t.,) be able to ;land~_e the repair work of the stilte ferries an{l had discw3scd this with the state. Clmn. Galea advised that he had just received the proposal a short timE before and was therefore not ready to discuss it. Myr. Kirkpa-trj_ck asked for clarification in the event GSA levied a charge for the property and Mr. Amend advised that if it would be a reasonable' amount there would be no problem about the offeror picking up that cost; that he was not authorized to make a state:11ent on this until they see the GSA transfer, but intended to be handled without cost to the city. Mr. Amend advised that -this is a rela-tively new system for handling ships repair, there being about 37 in the world, and that he had watched the operation in Vancouver and thought it very efficient. Myr. Kirkpatrick advised that he had discussed it with the Governor who was hopeful that the Marine Highway ferries could be handleJ here and Mr. Nnend advised they could with present plans by overloading within acceptable limits; also that the installation was being encouraged by insurance companies which would realize savings from having work done nearer the scene or activities. I-1yr. Kirkpatrick asked if the letter of intent was being requested based upon the proposed lease or some more general intent, as the City would have requirements it would want in the lease not in theproposal, and Hr. Amend advised that the letter of intent could be more general than the lease proposal but he would like for it to include the intent of the city to grant a thirty year lease with the first twenty years free dependent upon the GSA transfer and also a statement that the City will sell elec- tricity at the very minimum rate possible, will not charge taxes at first and a statement that the City welcomes the industry. clmn. Urbach asked if they were asking for real and personal property tax exemption and Clmn. Willburn noted the proposal contained no such request. Mr. Amend advised that they wanted to avoid a big tax bill based on an assessed value of the lease while the parties to the lease are talking about 3~ per square foot per annum as a lease rental figure of encourage- ment, and that while not in the proposal, -:hey would like a tax reduction; and it was discussed that the leasehold interest tax based on the differ- ence between actual value and rental cost by the fair rental method used locally, would be higher with no or small annual rental. ' , f (1;"< ('1,y- . '\-:';, '. ' ,t . _ (" d( '-- ) U-t'OLC~'-"-"-<4.,_ ; ~ ,,_, /~ 3/6; (, JJ" '" C, !Jo' -, .- t' , U J' I <-... - Hyr. Kirkpatrick noted that the-f'building was not included in the lease application and Mr. Nnend advised this was because it was not known if it could be used and they had talked with Japanese & American Development Fishing Company so they think a mutually satisfactory agreement can be worked out and the building may have to be moved; and because of its un- certain use had omitted it from the proposal. Mr. Amend continued that there was very little space for the total operation and many details to work out, but felt sure the engineers could work out the problems to in- clude space for JADFCO. Myr. Kirkpatrick asked if the legal description included the boiler plant and t-lr. Amend said it did and realized it would have to be removed but Myr. Kirkpatrick said no decision by USA yet, and Mr. Amend advised that if the boiler plant is available, probably the shipyard would want to have it. clmn. Skinner advised the usual city lease required City approval for sub-leasing and different from this proposal. Mr. Amend advised the pro- vision was intended to provide for subleasing to shipyard related shops rather than total subleasing; and to comment that the City felt the need to be cautious after the experience with the old San Juan Dock lease, ad- ~is~d t~at the fact of a $3,000,000 investment of private capital was good lndlcatlon that the business would be handled efficiently. Clmn. Hulm noted the area had been described as less than desirable and asked if there would be any loading facilities, to which Mr. Amend advised Ji_ &4 VOL 13 ReguJ_ar }'v1eeting Decem:':Jer J_7 (W) 1967 tta1 it was intended to leave the loading area at the foot of Fourth A\ er.ue; also that additional mooring space '"las needed though very ex- pensive to provide. Clmr. Galea asked if this would in any block access to Lowell Point ar.d Mr. Anlend said it would not though they had talked about relocating the road for better land use when the ownership in that area thoroughly undErstood, but would not block Lowell Point access. Myr. Kirkpatrick reminded the city Manager that the State Highway Department and both Governor Hickel and former Governor Egan had agreed to pave and main- tain the road to the ferry dock, and which he was trying to get con- firrred to keep before the State. Mr. Amend repeated his request for a letter of intent to lease - simi- lar to the proposal before the Council as a basis for negotiations be- bween the shipyard people and lawyers, and containing the information stated earlier, and repeated the need to have it within the next few days. The City Manager read from the Alaska Statutues a section requiring an election to approve transactions of the size of this one and thought the City Attorney should be asked to check into this. Myr. Kirkpatrick sug- gested the letter of intent be subject to the city Attorney's opinion that the action contemplated was within the power of the Council and the Manager said he saw no problem in giving a letter of intent subject to resolution of the several problems. Myr. Kirkpatrick called a recess and upon reconvening the meeting noted that all members present at the recess were present at the reconvening. Clmn. Skinner advised that he agreed in substance with the need to cite differences of opinion in the letter of intent, but also in this origi- nal letter of intent, considering the differences, that it would be sa- tisfactory to grant the letter of intent which would refer to the pro- posal in hand and further negotiations after the lawyers have talked to- gether, and that the property is not yet city property. The Manager concurred and suggested that the letter of intent could be very brief and state that the details of the agreement between the Resurrection Bay Shipyard and the city of Seward were to be worked out between the attorneys for the two parties and then presented to the council for approval, which he thought would result in an agreement satisfactory to both parties; that it should probably be stated that the lease is subject to the GSA transfer of the property to the city; include a statement that the industry is wanted in Seward; and advised he saw no reason not to issue the letter of intent at this time. Myr. Kirkpatrick said he wished to include his opinion concerning the application of JADCO-Seward Fish & Cold Storage, which would be taken up under the next agenda item, as being that he would like to encourage that industry also and would not like to see anything in the shipyard agreement which would jeopardize the cold storage plant. Mr. Amend said Section 9 in the lease could cover such and it would be with ap- proval of the Council; that he had talked with JADCO about this and they understand each other, but that he would not like to see this in the letter of intent as the financiers are not aware of anyone poten- tial sub-lessee. Mr. Amend read letters of welcome and endorsement sim- ilar to provision he would like to have in the ~ter of intent; assured the council that they would operate to thE benefit of all parties and mentioned that they had talked with JADCO earlier as they were running a feasibility study on the area at the same time. Clmn. Galea noted that since there is a representative of JADCO in the audience to hear this matter, that he thought it would be good to know that there is a provision in the lease enabling leasing a portion of the landfor that use. Mr. Amend advised he did not think it would work at all for the lease to contain that detail; that he feared such a restriction might undo it all, and reviewed that this was a matter of $3,000,000 and 60 or 70 jobs, and that it might be necessary for the council to decide which lessee it wanted though he felt sure it could be worked out to the mutual satisfaction of everyone under Section 9. , - (,r) "~(- Regu~_ar I"1ee'.::.n9 Decem,)er __ I _,_ I' __ ',') I VOL 13 1 "*~J Nyr. Kirkpatricl~ as ked fir. Herman Le:_l:er., \/ho \\,QS present to spea',~ ~'or subsidiary of JADCO under Item 7.7, :Lf he wished to speak at that L,me, and he said not, excep-c that if it d=_c~ come dov.'l1 to choosing, that he would recommend that the Council choose i:he shipyard. I c~mn.,_ Willburn, - I move that the Ci t)T Na~aqer be instructed to draw ~ a letter of inten't tg_the Resurrection Bay 8h i pyard Company., 8econded- by clmn. Skinner. Vote - Unanimous Yes with clmn. Amend abstaining ------ - --.- . as , excused prior to discussion. Clmn. l\Lwnd advised for the record and information of the Council that in making his petition of candidacy for the council that he had included the statement that he would be doing business wi,th the city, as he l~new then he might be negotiating with the Council on this matter. I Item 7.7 - Receive lease proposal for waterfront property from Japanese & American Development Co., Inc. subsidiary - Myr. Kirkpatrick COITUl1ent- ed that clmn. Amend was excused from voting on this item under 'the ac- tion for 7.6. See Item 6.4 for context cf proposal. Mr. Leirer re- quested that the Council place this letter on file due to the action on the previous item of business as his letter was answered by the discus- sion and action on that item. Clmn. Urbach - I move that we table this until a future date when we have more inf_ormation. Seconded by Clmn. Galea. Clmn. Skinner asked if this meant the JADCO subsidiary was giv- ing up entirely on this and Nr. Leirer advised they would have to wait and see what develops; to further question as to whether they were will- ing to negotiate \vi th the shipyard compar;,y, replied 'they were willing to negotiate if the shipyard company was willing, that they had solved many problems and delays and were now about ready. Nr. Amend advised Resurrection Bay Shipyard was ready to go; and to the Nyr. 's further question, Nr. Leirer advised that his firm was already far behind sched- ule due to problems they had had to work out. The Nanager advised he thought the details of use by both would be worked out before GSA would have finished its work and the city have possession or the property. Vote on Clmn. Urbach's motion - Unanimously Yes with Clmn. Amend ex- cuse~l from vot~due to financial interest in the related Item 7.6. Item 8 - Reports from the Borough Assemblymen - (1) Clmn. Skinner repor- ted meeting that day with Collier Chemical and Union Oil Co. representa- tives to receive the details of their application for first of a kind industrial tax exemption, in which it appeared the hope was to secure approximately the same consid eration as Marathon-Phillips which was $117,000; that the hearing would be the next night and action requested the night after that and his thought to vote for no more exemption than Phillips-Narathon received. I Item 9 - Reports from the city Nanager - (1) Financial position and budget comparison at the end of November delivered to Council previously; (2) the State is drawing up new lease agreements for the cities which are operating State moorage facilities and that he thought our present operation would be within the new requirements; (3) met with the Directol of Local Affairs in Soldotna last Thursday and discussed the several problems with which the Council is familiar including the Borough tax foreclosure and thought the air was cleared except for a few items, and would meet again on February 1 and regularly after thatso that the city will be informed of Borough planning, that the several Managers had attended and clmn. Hulm and Amend had attended with him; that he had sent copies of the city Attorney's report to all cities as the others had let Seward handle this complaint as we started it and this will be the manner of alternating responsibility. Item 9(4) - Would be meeting with the Corps of Engineers regarding the Lowell Canyon Diversion tunnel as it is in need of repair and it is a city responsibility to perform the maintenance work; the contract is about ready to advertise and that he had agreed the City would assist with equipment any time it could. Item 9(5) Have had no reply from Halibut Producers to the letter re- quested by the Council aSking for discussion with the Council on items . an ren~wa.L related to the lease prlor t jactlon by the Council on the license for part of the city Dock. :. 4,G VOL 13 ~~~'~~:~~ ~'~:~~;~;:~{i 5~~~~;~~r2:-\n;~) =_967 It~~,\ 9 (6) Tuesday next: vill })e <:l !~ri'!5. in Kenai by Hiqhway Department 9!_j:he five-year pr0:3..:t~I,~i:o~_construction; Seward projects are scheduled: (J) Third Avenue curb, clu::'cer, sidewalks and c.rainage at $850,000 for l~~O-71; (2) Seward Airport Hoad at $400,000 for 1968-69; (3) Nash Road 2.E miles at $750,000 for 196~-70. and that he would attend. The Mana- gE r continued that the I-layor had asked the Commissioner in Juneau about access to the other side of the airport and he did not know if this was to be part of item (3) or not. Myr. Kirkpatrick reminded again that the road to the ferry dock and the scaling of the cliff West of the dock s~ould be part of the Third Avenue project and should be gone into re- gc.rdless of the shipyard and any relocation if such developed. (See Below for (1) Item 10 - council Discussion - (2) Clmn. Skinner asked what the problem was in repair of the fire siren at downtown location and the Manager advised that the Fire Chief reports it has never been maintained since installed 10 years ago and its operation is erratic as evidence three repair calls to City electricians since he has been in office; that it was city responsibility and would be soon back in good order. Item 10(1) Myr. Kirkpatrick referred to the notice from the City Clerk of deadline for stating items for which the city may wish to open the waqes and workinq conditions aqreement with the International Brother- hood of Electrical Workers, and asked the Manager and members of the Council if they had anything to enter and none had. The Manager advised he hoped to talk with their representative the following day. Item 10(3) Clmn. Skinner asked if the Council had preference for the first or second meetinq of the Borouqh Assembly to be in Seward on their travelling schedule and it was suggested the second meeting would be best. Item 10 (4) The B orouqh Assembly is postponinq its January 2 meeting until the 3rd due to the holidays. Item 11 - Executive session for a matter, the immediate knowledqe of which would adversely affect the finances of the city - Clmn. Skinner - I so move. Seconded by Clron. Urbach. Vote - Unanimous Yes. Mayor Kirkpatrick declared the regular meeting recessed for executive session. Myr. Kirkpatrick later declared the executive session closed and re- quested motion of adjournment. Clmn. Urbach - I move we adiourn the executive session. clmn. Skinner - I move we adjourn the reqular ses- sion. Ma or Kirk atrick declared the meetin ad' ur ed at 5:45 .m. /} , )/ '--;-. /} f1 .l2' ;:;'vtf)LfiC", 01, R. W. Kirkp~trick Mayor LIe t;;,. 'C' / /~ ~ -d..-' <.l' C ~ ? C...L/ Cl..-e Beatrice E. Watts dty Clerk-Treasurer Regular Meeting January 2, 1968 The regular meeting of January 2, 1968 was called to order at 7:40 p.m. by Mayor R. W. Kirkpatrick. (2) The opening ceremony, Pledge of Alle- giance to the Flag was lead by Clmn. Hulm. (3) The Oath of Office was administered to councilman-appointed Tom P. Smith by the city Clerk and he was welcomed to the Council table by Mayor Kirkpatrick. (4)Roll was called and those present were: Mayor R. W. Kirkpatrick; Councilmen Bernard C. Hulm, Maynard Willburn, Tom P. Smith and Oliver Amend. clmn. Urbach arrived during Item 8(2). Clmn. Skinner was absent to attend the Borough Assembly meeting in Homer that same day. Item 5 - Minutes - October 16th, 1967. Myr. Kirkpatrick advised that he had not had opportunity to read the minutes and Clmn. Hulm - I would move that we table the October 16, 1967 minutes until the next_ _meeting. Seconded by Clmn. ~end.__Vote - Una~imous Yes. Item 6.1 - Postponed for arrival of Chairman of Committee to Study Al- coholism in the community. Item 7.1 - communications - (1)12/18/67 letter from the commissioner of Health & welfare advising any information circulating regarding intent to move Seward offirp was purely rumor as there was no such in- intent. Item 7.2 Letter from Mr. Hal Drinkall, congressman pollock's representative advising his inquiries developed same information as contained in letter of Item 7.1.