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HomeMy WebLinkAbout1975 City Council Minutes 7U PAGE 70 REGULAR MEETING - DECEMBER 9, 1974 VOLUME 16 2. C1mr. McCloud, seconded by Clmr. Dague, moved to approve authorization for purchase of a 4-whee1 drive pick-up truck for the Electric Department at the stated price of $5,812.32 or below. Passed unanimously. 3. Clmr. McCloud, seconded by C1mr. Lutz, moved to approve a grant in the amount of $1,000.00 to the Seward Council on Alcoholism. Passed unanimously. 4. The City Manager recommended bid awards as follows: a.) Petroleum Products- Standard Oil Co. and Harbor Fuel; b.) Tires, Tubes and Batteries- Haye Enterprises; c.) Vending Machine Service-Bond's Vending; and d.) Towing-Ron's Auto Rebuild. C1mr. Lutz, seconded by Clmr. McCloud, moved to approve the bid awards as recommended by the City Manager. Passed unanimously. 5. Myr. Neve' commented on the Port of Seward/Resurrection Bay Development Profile which supports the expansion of the Fourth Avenue Dock Study to include all of the Bay and coastal area from Lowell Point to Fourth of July Creek. The need for the study was "now" commented the Mayor and the impact the City of Seward would be getting would be severe from the marine activities associated with Gulf of Alaska oil exploration activities. Additional discussion followed with the result the firm of Kelly, Pitelko, Fritz and Forssen would prepare an offer to contract to do the Study suggested by Myr. Neve'. Item 12- Citizens Discussion: None Item 13- Adjournment: Clmr. Lutz moved to adjourn. Myr. Neve' adjourned the meeting at 12:07 A.M. f(JJ fJ,(l/~ Richard A. Neve' Mayor ---------------------------------------------------------------------------------------- REGULAR MEETING-JANUARY 13, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for January 13, 1975, was called to order by Mayor Neve' at 7:31 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by C1mr. Hulm. Item 3- Roll was called and those present were Myr. Neve', Clmr's Hulm, McCloud, Lutz and Jr. Mayor Branson. Clmr. Dague arrived late. Item 4- Minutes: Clmr. McCloud, seconded by Clmr. Hulm, moved to approve the Minutes, as presented, for November 25, 1974, December 2, 1974 and December 9, 1974. Passed unanimously. Item 5- Report of the Borough Assemblymen: 1. C1mr. Hulm reported the Borough Assembly had enacted Ordinance 74-70 providing zoning for the City of Kenai and noted that the Assembly did not require a city-wide referendum on the item as had been suggested by the Borough Mayor. Clmr. Hulm also reported that Ordinance 74-71 regarding the issuance of three- million, five hundred thousand dollars in general obligation bonds for school construction to the Kenai Central High School had been approved. It was also reported that Resolution 74-55, requesting the Governor and the Legislature to abolish the Alcoholic Beverage Control Board and return the powers of the board to cities, fell short during the vote. The difference was so slight however, that the Borough attorney was requested to investigate and report at a later meeting. The discussion turned to the school situation and C1mr. Hulm reported that it was his opinion there was no problem for Seward and noted that an architectual firm had been approved. According to Clmr. Hu1m the Borough Mayor did not explain the delay satisfactorily and indicated a problem could arise when the Soldotna High School was placed on the ballot. Myr. Neve' requested community support for a total school bond issue, and noted that without representation at the Borough Meetings the two city Assembly representatives were fighting an up-hill battle. Clmr. Lutz noted that he hated to see politics brought into education and felt that information on the school system needs, was being mis-represented and indicated a new type of lowness. Myr. Neve' requested members in the audience to attend the Borough Assembly Meeting whenever possible. Item 6- The City Manager's Report: 1. The City Manager requested addi- tions to tonight's agenda, under item 14-2. The addition of Pioneer Bar I I I Page 71 71 REGULAR MEETING-JANUARY 13, 1975 VOLUME 16 and Pioneer Liquor Store and Tony's Bar and Tony's Liquor Store. And item 14-4 approval of Authorized Games of Chance & Skill for the Catholic Chruch, Pioneers of Alaska and Chamber of Commerce. There was no objection to these requests. 2. The City Manager reported he would be journeying to Juneau to attend the Inauguation ceremonies for Governor Hammond, and requested permission to continue the journey to Seattle to attend the Eviromental Protection Agency Construction Grants seminar which was scheduled for the 22nd of January. Dicussion followed and council asked the Manager while he was in Seattle to check the status of shipping traffic to the community, and to try to determine if there was a problem using the port of Seward, and to solicit a recommendation if any from the shippers. Myr. Neve' presented a Resurrection Bay Marine Development Plan, and asked that Council review it and plan for taking action on it at the next meeting if at all possible. Myr. Neve' noted that the information being solicited by the Manager on his trip to Seattle could be incorporated in such a plan and could also be used if the plan was available to promote the Port of Seward. Item 7- Appointment of two Harbor Commission Members. Clmr. Hulm, seconded by Clmr. McCloud moved to appoint Robert Clasby and Martin Goresen to the Harbor Commission. Passed unanimously. Item 8- Appointment to Council Members to replace Roy F. Roehl and Mayor Lee McAnerney. Mayor Neve' reported the council had meet in work session to consider candidates for the appointments, he noted that the Council thanked those who had expressed interest in serving, and indicated that Pam Oldow and Bryl Getman had been selected to fill the unexpired terms of Roy F. Roehl and Mayor Lee McAnerney. Clmr. Dague seconded by Clmr. Lutz moved to confirm the appointment of Pam 01dow and Bryl Getman to the City Council to fill the unexpired terms ending October 13, 1975. Passed unanimously. Item 9- Appointment of Vice-Mayor: Clmr. Dague, seconded by Clmr. McCloud, moved to appoint Clmr. Bernard C. Hulm as Vice-Mayor. Passed unanimously. Item 10- Special Presentation: R. W. Beck & Associates. Myr. Neve' intro- duced Mr. Fred Egan and Mr. George Dixon representing R. W. Beck & Assoc- iates and Mr. W. C. Rhodes representing Homer Electric Association Incor- porated. Mr. Fred Egan noted that the report was preliminary only and needed to be reviewed in order to check costs and expenses which had been pulled together in a short time. Egan reported there were no particular conclusions at this point indicating only a number of possible advantages and disadvant- ages existed which needed to be considered. Mr. George Dixon indicated that the City had no firm contractual agreement with Chugach Elecetric Association at the moment, he noted that Seward could expect growth now and in the future. He suggested the present line was at capacity and that there existed a need for improvements at the present time. Mr. Dixon reported that some additional capacity could be provided by the installation of static capacitors at a cost of approxiately $9,000., this noted Dixon was remedial action which would reduce losses in the line and in a sense pay for the installation of the capacitors. After the capacitors, the next project would be to add a voltage regulator in the mile 24 area and that in turn would be followed by con- version to 69,000 volts service coming into the community. Dixon noted the city's portion of the transmission line is already insulated for the higher voltage and that moving to 69,000 volts would require under-building the present line to provide for customer service along the route. If this were done, it would be done in anticipation of the winter loads for 1976-77. He noted that no matter who does the work the city would still have to pay for it. Mr. Egan continued the discussion by indicating the city will benefit paying Chugach Electric to improve the facilities rather then enter into a "take and pay" contract. Egan reported that R. W. Beck & Associates could not get a positive response from Chugach Electric and noted this was the position the association had evidently desired to adopt. Egan suggested that the city should agree to pay for and get the project done. Myr. Neve' reflected that the city had been facing the same problem for over a year now and thought it was necessary the city consider court action to try to force the issue. Mr. Egan thought that the city did not have a good case to make Chugach Electric pay for improvements and replied that it is neces- sary to support Chugach Electric with generation while the city is paying for firm power and with that basis a case may exist. Mr. W. C. Rhodes reported the city had no contract and in his opinion, no complaint, there was no basis for a good service complaint. He noted Homer Electric has an all requirements contract with Chugach Electric and they have to supply all the power Homer needs within the capacity of Chugach to provide and that r- _) ,.... Page 72 REGULAR MEETING-JANUARY 13, 1975 VOLUME 16 the contract runs to the year 2009. Mr. Rhodes noted that if the city was agreeable, Homer Electric would accept resposiblity for operation of the system under the terms of the report presented by R. W. Beck, Rhodes added that Homer was a co'op and citizens have a control over the operation of the utility. He also indicated the city could do everything that Homer could do. In conclusion Rhodes noted that capacitors even if they were "switched" represented a serious hazard because they were designed to work with peak loads and with light loads the system could have more faults then are being experienced at the present time. He noted that it was not a cure all. Mr. Egan concluded the discussion on behalf of R. W. Beck & Associates by noting the report contained four tables which illustrated the operating expense and income of the utility for a period of time ending in 1987. He suggested council study the tables and make a policy decision relative to the city's assuming additional debt for system improvements, and also make a decision regarding the implication of a tax on the gross earnings of the utility. This too, Egan added, was a policy decision. Council's questions having been satisfied by Mr. Egan, Mr. Dixon and Mr. Rhodes, it was decided to hold a work session on Monday evening January 20, 1975, at 7:30 P.M., in the Council Chambers to discuss the report. Item 11- Communications: 1. Letter dated December 13, 1974, from Hughes, Thorness, Lowe, Gantz and Clark regarding conflict of interest and financial disclosure by public officials indicating the provisions of state law did not apply to elected or appointed officials of municipalities, signed Kenneth P. Jabobus. 2. Letter dated January 8, 1975, from State Dept. of Community and Regional Affairs, Office of the Commissioner, indicating that the department will be unable to consider favorably the request of December 16, 1974, for assistance in meeting the Seward Municipal payroll, signed Lee McAnerney, Commissioner. 3. A copy of a letter dated December 16, 1974, from Mayor of Soldotna, Mr. Jack L. Heatherton to the Governor regarding the comments of Judge James A. Hanson, which were made in open court regarding higher slalaries for police officers, signed Jack L. Heatherton, Mayor. Clmr. Hulm, requested that the letter and the reply be sent to Chief Justice of the Supreme Court. 4. Letter dated December 2, 1974, from Ben T. Delahay, Bor- ough Attorney, reporting the city did not need to collect sales tax for television donations, signed Ben T. Delahay. 5. Letter dated December 16, 1974, from the Office of the Governor, State Planning and Research, regarding proposed natural gas pipeline routes across Alaska, signed Raymond W. Estess, State Federal Coordinator. Council had no objection to approving the proposed routes. 6. Notice of Hearing for the proposed increase in oil and gas leasing on the outer Continental Shelf. It was noted that the hearings would be held in Anchorage on February 3rd and 4th, and requested that the hearing registration card be submitted. Council had no objection to the submission of the hearing card. Item 12- Citizens' Discussion and Public Hearings: None. Item 13- Council Discussion: 1. Clmr. McCloud, suggested one possible item for future negotiations with city employee's would be increased insurance benefits rather than wages, since the tax system penalizes employee's under certain circumstances. 2. Clmr. Dague suggested that lights at the railroad dock were being kept on when they were not necessary, he asked that the sit- uation be investigated. 3. Clmr. McCloud reported an outlet on the T dock was being improperly used, that an extension cord was run without the benefit of a suitable plug. Item 14- Resolutions, Ordinances and other Action items: 1. Approval of a temporary use permit to Northern Stevedoring & Handling Cooperation for tracts 5 & 6, Seward Waterfront Tracts. Clmr. McCloud, seconded by Clmr. Dague moved to approve temporary use permit. Passed unanimously. 2. Approval of appli- cation for liquor licenses to (a) Palace Bar & Cafe, (b) Thorns' Showcase Lounge, (c) Sollys' Lounge, (d) Dorothys' Cocktail Lounge, (e) Harbor Dinner Club, (f) Sollys' Liquor Store, (g) Pioneer Bar, (h) Pioneer Liquor Store, (i) Tonys' Bar, (j) Tonys' Liquor Store. Clmr. Dague, seconded by Clmr. Hulm, moved to approve the liquor licenses as presented. Passed unanimously. 3. Approval of Seward Fisheries, Incorporated, request for delay in payment for equipment, in the amount of $12,000, for one year. Clmr. Lutz, seconded by Clmr. McCloud moved to approve the SFI request for delay in the payment for $12,000., for one year. Passed unanimously. 4. Approval of application for authorized Games of Chance, & Skill; (a) Catholic Church, (b) Pioneer's of Alaska and (c) Chamber of Commerce. Clmr. Dague, seconded by Clmr. McCloud, moved to approve the applications for Authorized Games of Skill & Chance as presented. Passed Unanimously. I I I REGULAR MEETING-JANUARY 13, 1975 Citizens' Discussion: 1. Mrs. Marlene Neve' General's Office be contacted in regard to the in state law as it applies to city councils. ~..) , .) Page 73 Item 15- Attorney provision VOLUME suggested that the conflict of interest 16 Item 16- Adjournment: Clmr. Dague moved to adjourn. Mayor Neve' adjourned the meeting at 11:12 P.M. _t.-." ~J g. ~--e.A~ !ichard A. Neve' Mayor -------------------------------------------- ----------------------------------------- REGULAR MEETING-FEBRUARY 10, 1975 The Regular Meeting of the Common Council of the City of Alaska, for February 10, 1975, was called to order by Mayor 7:32 P.M., in the Council Chambers. Item 1- Seward, Neve' at Item 2- The Opening Ceremony was led by Clmr. Lutz. Item 3- Clmr. appointee Byrl A. Getman, was sworn into office by James R. Filip. Item 4- Roll was called and those present were Myr. Neve', Clmr's Dague, McCloud, Hulm, Lutz, Getman and Jr. Mayor Branson. Clmr. Oldow was absent. Item 5- Clmr. Hulm seconded by Clmr. Dague, moved to approve the minutes as presented for the Regular Meeting of January 13, 1975, passed unanimously. Item 6- Report of the Borough Assemblymen: 1. Clmr. Hulm reported that the Borough Assembly had meet on January 24, 1975, and had replaced Mr. Bill Johnson on the Assembly by Mr. Patrick Connell. Clmr. Hulm also reported the Borough Assembly had appointed a Deputy Borough Clerk and had approved an Ordinance submitting to the voters certain school construction projects. In concluding his remarks Clmr. Hulm reported that he had resigned the Borough Assembly seat due to pressing business responsibilities. 2. Clmr. McCloud reported he attended the Borough Assembly Meeting on February 4, 1975, and reported certain Ordinances had been introduced to correct the discrepancies between Borough Law and State Statues as well as a Bond Proposal for new hospital constru- ction in the Homer area. 3. Myr. Neve' reported he been attending Borough Assembly meetings and noted that the presents of Seward citizens would be helpful to Borough Representatives in making regular appearances at Borough Assembly Meetings. Myr. Neve' suggested members of Council should rotate attendance at the Borough Assembly Meeting and accompany those regularly appointed Assembly Representatives on the trips. Item 7- The City Manager's Report: 1. The City Manager introduced Mr. Dave Fritz from the firm of Kelly, Pittelko, Fritz and Forssen, who then proceeded to present his suggestions for a Conceptual Planning Study of Resurrection Bay shore lands between Lowell Point and Fourth of July Creek for the municipality. At the conclusion of Mr. Fritz's present- ation it was decided to hold another meeting during the next Regular Council Meeting on February 24, 1975, to discuss the proposal with members of the Harbor Commission as well. 2. The City Manager introduced Mr. Don Gilman who commented upon the success the Little League has had in Seward during the past year and requested Council's consideration for site selection for permanent facilities in support of the Little League activities in the comm- unity. Following Mr. Gilman's presentation members of City Council expressed interest in securing survey necessary to aquire ownership to the land in the former Alaska Railroad Terminal Reserve area. Council also requested a letter be written to the Board of Missions of the United Methodist Church to deter- mine if a forty acre tract in the vicinity of the Forest Acre Camp Ground could be purchased by the municipality. 3. The City Manager reported a '74 Page 74 REGULAR MEETING-FEBRUARY 10, 1975 VOLUME 16 letter to the officials of El Paso Natural Gas would be appropriate support- ing the concept of an all Alaska Gas Line, that his visit to Seattle had resulted in the determination that shipping companies were interested in the possibility of using Seward as a port, but at the present time no arrange- ments had been made for regular service, and that work was progessing in attempting to develop a contract with Chugach Electric Association for long term power supply to the City of Seward. The Manaver noted this last effort should be followed up immediately and requested he be excused from meetings for the balance of the two week period or until such time as the contract could be finalized, Council had no objection to this request. Item 8- Communications: 1. Letter dated January 20, 1975, from the University of Alaska, transmitting the signed and notarized contract for sale for the Block 5, Oceanview transaction, signed Robert W. Hiatt, Pres- ident. 2. Letter dated February 3, 1975, from Pioneer Cab Company, re- questing a Public Hearing on Section: 20-8, of the Taxi Code, number of public vehicles, signed C. Ernest ~stel. Council had no objection to sched- uling the Public Hearing on February 24, 1975. 3. Letter dated January 21, 1975, from State Division of Water Air Quality Control, to the Enviromental Protection Agency, indicating the total cost of Sewage Contstruction Project would be approximately three million, four hundred and ninty three thousand dollars, which includes steps one, two and three of the proposal, signed Jonthan W. Scribner, Acting Director. 4. Letter dated January 27, 1975, from Mrs. Terri Gillespie, requesting a permit to operate a cab in the City Limits, decision on the request was to be held pending the Public Hearing on February 24, 1975. 5. Letter dated January 14, 1975, from Farmers Home Administration, indicating the City's application for Water and Sewer Loan Assistance had been withdrawn due to lack of action, signed Donald N. Downing, Alaska Supervisor. 6. Letter dated February 6, 1975, from A.I.M. Inc., agreeing to the use of the Jesse Lee Home property for Little League purposes provided children be prevented from utilizing the structure during the season, D. D. Coulson, Chairman on behalf of Last Frontier Inc. 7. Letter dated December 18, 1974, from Baer, Barker & Nangle, Attorneys, requesting the sum of forty nine thousand, eight hundred and forty seven and sixty cent, on behalf of Engineering-Science of Alaska for wrongful termination of Engineer- ing Services being conducted on the behalf of the City of Seward, signed Michael D. Barker. 8. EDA survey reporting form for proposed activities under the job Opportunities Act was presented to Council by the City Manager, the Federal contribution was estimated at two hundred and ninty five thousand dollars and non-federal contribution five thousand dollars and work was to develop recreation and beautification on a community wide basis. Item 9- Citizens' Discussion and Public Hearings: 1. Mrs. Janet Hilton, presented the American Revolution Bicentennial Flag and Plaque to the City of Seward. Following the presentation Myr. Neve' requested a status report on the proposed Ordinance creating Bicentennial Planning and Coodinating Commission, the City Manager informed him that nothing had been received from the attorneys office and Myr. Neve' expressed extreme displeasure with the result indicating that action was necessary immediately and that all steps necessary to pass it on an emergency basis should be taken. 2. Mr. Herman Leirer expressed sentiments that the City should purchase the property south of the Fire Station and in the vicinity of First Lake Park area. Mr. Leirer reported the Planning and Zoning Commission had reviewed the First Lake Property Proposal and had suggested that the property in question be purchased and that plans laid to aquire other lots as finances permitted. During Mr. Leirer's remarks members of the Council suggested that the Planning and Zoning Commission should reconsider the possibility of annexing the Fourth of July Creek area to the City of Seward. Item 10- Council Discussion: 1. Council member Lutz suggested a letter be written to the Educational Broadcasting Cooperation to determine the status of Educational TV service to Seward. 2. Council Member Dague inquired as to the status of the conflict of interest of Legislation, lighting at the Alaska Railroad Dock, status of Police Department staffing, and status of the Harbor Masters job. The City Manager replied that the city attorney had reported no conflict of interest was involved as far as members of the City Council were concerned, that the lights on the Railroad Dock had not been investigated yet, that the Police Department job applications were being screened and that the I I I -- ..- i ;) Page 75 REGULAR MEETING-FEBRUARY 10, 1975 VOLIDlE 16 Harbor Master Mr. Carl J. Teuber of Kodiak would be assuming the responsi- bilities on Thrusday February 13. 3. Council Member Getman reported vistation with Mr. Coulson with A.I.M. Inc. and Mr. Coulson indicated that construction of the Jesse Lee Home project would begin within six weeks. Clmr. Getman also expressed interest in annexation of the Fourth of July Creek area and the Council should promote the port of Seward as much as possible during the coming construction season. 4. Myr. Neve' reported that Commissioner Lee McAnerney would be in Seward on Thursday and suggested a no-host dinner be held in her honor at the Harbor Dinner Club at 8: P.M., there was no objection to this suggestion. 5. Council Member Hulm requested letters be sent to Senators Kerttula and Tillion and Representatives Specking and Rhode regarding the need for expanded Oil Impact legislation. There was no objection to the request. Council Member Hulm also noted that revenue was being lost as far as the procedure of taxing boats at five or fifteen dollars and thought that this should be thoroughly explored by members of the Council and the Harbor Commission during the coming months. Item 11- Resolutions, Ordinances and other Action Items: 1. Clmr. Dague seconded by Clmr. Lutz moved to approve the purchase of Lots 9 and 10, Block 16, Federal Addition, for three thousand dollars and to approve the purchase of Lot 26, Block 16, Original Townsite for two thousand, two hundred and fifty dollars, discussion followed, motion passed unanimously. 2. Clmr. McCloud, seconded by Clmr. Getman moved to approve the application for Liquor License for the Mini Mall, passed unanimously. 3. Clmr. Dague, seconded by Clmr. McCloud moved to approve the transfer of Liquor License for Solly's Lounge from Leonard Ross to A. Patricia St. Amour and Lyle A. McDaniel, passed unanimously. 4. Approval for application for permit for Authorized Games of Chance and Skill for the American Legion Post #5, Clmr. Getman seconded by Clmr. McCloud moved to approve the permit, passed unanimously. 5. Appoint- ment of Borough Assemblymen for the unexpired term of Bernard C. Hulm, Clmr. Dague seconded by Clmr. McCloud moved to nominate Clmr. Robert J. Lutz to complete the unexpired term, passed unanimously. Item 12- Citizens' Discussion: Mr. Oscar Watsjold suggested that Council consider the possibility of permitting the Volunteer Fire Department to pur- chase Lot 26, Block 16, Original Townsite since the Fire Department members had been interested in aquiring the property for several years. Item 13- Adjournment: Clmr. Dague moved to adjourn. Myr. Neve' adjourned the meeting at 11:15 P.M. Bd A,p-,e../ Mayor SPECIAL MEETING-FEBRUARY 11, 1975 Item 1- City of Neve' at Call to Order: The Special Meeting of the Common Council Seward, Alaska, for February 11, 1975, was called to order 7:36 P.M, in the Council Chambers. of the by Myr. Item 2- The Opening Ceremony was led by Clmr. Lutz. Item 3- Roll was called and those present were Myr. Neve', Clmr's Getman, Lutz and Hulm. Clmr. McCloud, Oldow, Dague and Jr. Mayor Branson were absent. Item 4- Emergency adOPtion of Ordinance 404, an Ordinance establishing a Bicentennial Planning and Coordinating Commission. (see attached) As a point of information Myr. Neve' reported that Ordinance 404 was required to be passed and submitted to the State American Revolution Bicentennial Committee in order to obtain funding for special projects. Bob Clasby asked if that was the only reason for the emergency passage and Myr. Neve' ,- (' . ) Page 76 SPECIAL MEETING-FEBRUARY 11, 1975 VOLUME 16 indicated it was. The City Manager read Ordinance 404 in full. Clmr. Getman seconded by Clmr. Hulm moved to adopt Ordinance 404, under emergency conditions. Motion passed unanimously. Item 5- Adjournment: Clmr. Getman moved to adjourn. Mayor Neve' adjourned the special meeting at 7:52 P.M. ~J 1f,;V~/ Richard A. Neve' Mayor --------------------------.--------------------------------------------------------- REGULAR MEETING-FEBRUARY 24, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for February 24, 1975, was called to order by Mayor Neve' at 7:32 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Hulm. Item 3- Roll was called and those present were Myr. Neve', Clmr's McCloud, Oldow, Hulm and Lutz. Clmr. Dague and Clmr. Getman were excused absent, and Jr. Mayor Branson was absent. Item 4- Minutes: Clmr. Hulm, seconded by Clmr. Lutz, moved to approve the Minutes, as presented, for the meetings of February 10, 1975, and February 11, 1975. Passed unanimously. Item 5- Report of the Borough Assemblymen: 1. Clmr. Lutz reported the Borough Assembly approved employee pay increases, the addition for a secretary for the Department of Law, an Ordinance amending the sick leave provisions to provide coordination with workman's compensation, and had approved a Resolution establishing the amount of local funding for the 1975-76 school year. It is noted this last item had been approved but that the local representatives had both voted no, since the figures pre- sented were without knowledge of the budget figures from the schools them- selves. Item 6- The City Manager's Report: 1. The City Manager requested the addition of item 10-2 to tonights agenda, a Resolution declaring that this City does not have immediate public use for certain tax foreclosed properties deeded to the Kenai Peninsula Borough, Council had no objection to this being added to the agenda. The City Manager then briefly reviewed the report on feasibility of operation of the Electric Utility System for the City of Seward, Alaska by Homer Electric Association, Inc. The Manager pointed out the report by R. W. Beck & Associates, indicates the Electric Utility System can be operated on a continuing basis by the City of Seward, as well as it can be operated by Homer Electric Association. The City Manager then presented the letter which was sent to Chagach Electric Association requesting assist- ance in replacing the transformer at Dave's Creek with one 10-MVA unit (14-MVA) installation of a three phase circuit breaker to match, installation of regulators at mile 22, installation of 2500 kVA transformer for the Seward sub station, construction of a separate circuit for the new transformer from the Seward sub station to town and installation of capsitors upon arrival. Council discussion followed and it was requested that the City Manager con- tact the City Attorney and the Public Utility Commission to determine if agreement with the letter created additional problems insofar, as negotiations of a contract with Chugach Electric Association, Inc. was concerned. Mr. William C. Vincent expressed concern that the Council did not consider Public Commission involvement in the issue. Myr. Neve' pointed out the only Public Utility Commission concern is the generation of power at the local level and that the City at the present time does not get credit for firm power capacity I I I ~,~ . t Page 77 REGULAR MEETING-FEBRUARY 24, 1975 VOLUME 16 represented by the generation equipment. Clmr. Lutz expressed his desire to see the contractual proposal and to attempt to provide all the power demands to Seward for the future if possible. Clmr. Hulm, seconded by Clmr. McCloud moved to approve the letter of February 21, 1975, to Chugach Electric Assoc- iation requesting certain improvements to the system, provided further that the City Manager call the Public Utility Commission and City Attorney to con- firm the proposal. 2. Comprehensive Hater System Plan review. The City Manager introduced Mr. Syd Clark, Arctic Enviromental Engineers, who then presented his comments regarding the Comprehensive Hater System Plan dated January 1975. Mr. Clark noted that water meters are not recommended for residental service connections and that the stage one development should in- clude additional water storage, a distribution system in the Jesse Heights Subdivision, a new well and a constant pressure control system. Clark also, noted the need for Ordinances to control the depth of burial of lines in the community as a measure to eliminate the problem of freezing which occurs in eighty-eight percent of the system at the present time during the cold season. Following general questions and answers the presentation was concluded and Clmr. McCloud, seconded by Clmr. Hulm moved to approve the Comprehensive Hater System Plan as submitted. Passed unanimously. Item 7- Communications: 1. Letter dated February 21, 1975, from the Alcoholic Beverage Control Board, indicating renewal of Beverage Dispensary License for the Yukon Bar, signed Ms. A. A. "Lee" Young, Records and Licen- sing Supervisor. Council did not wish to protest the license. 2. A letter dated February 12, 1975, from the U. S. Environmental Protection Agency, commenting on the step one grant application and indicating suggestions for a plan of study in connection with Sewage Disposal Plan, signed Carl T. Nadler, Project Engineer. 3. A letter dated February 10, 1975, from Kelly, Pittelko, Fritz and Forssen, submitting a final billing for the Seward Comprehensive Hater Study in the amount of $17,707.53. 4. A letter dated February 7, 1975, from Seward Jaycees, Inc. transferring ownership of the Jaycee Tot-Lot to the City of Seward, signed Dean Hilliams, President. 5. A letter dated February 11, 1975, from the Department of Law, reporting the conflict of interest and financial disclosure for Public Officials does not apply to City Council members. 6. A letter dated February 24, 1975, from Bechtel Inc., requesting permission to place an office trailer East of Standard Oil in the industrial area, signed Dave G. Johnson, Transportation Superintendent. Council had no objection to presenting the item for action by the Planning and Zoning Comm- ission. 7. A letter dated February 18, 1975, from A.I.M. Insurance Inc., commenting on the status of the insurance policy for Last Frontier Inc., which has not arrived but is expected shortly, signed Charles A. Adams, President. 8. A letter dated February 19, 1975, from R. H. Beck & Associates, submitting an invoice for the Electric Lease Purchase Study in the amount of $12,190.54. 9. A letter to Mr. Richard E. Harren, Kramer, Chin & Mayo, Inc., accePting the outline proposal insofar, as the Economic Development Plan for the City of Seward and Resurrection Bay was concerned, signed James R. Filip, City Manager. 10. The following Bills were presented for information Senate Bill No. 64, modular housing at the Skill Center; House Bill No. 141, expanding the Caines Head State Recreation Area; Senate Bill No. 116, creating a Public Utility Loan Fund; Senate Bill No. 38, relating to Electric, Telephone and Telegraph Development Loans; Senate Bill No. 40, increasing state aid to municipalities for Fire Protections; House Bill No. 47, relating to State Revenue Sharing payments to municipalities; Senate Bill No. 65, an Act making a special apprOpriation for a senses to the Department of Labor; House Joint Resolution No.5, relating to the development of the Bradley Lake Hydro- electric Project; Senate Bill No. 105, regarding alternative method of payments of State Aid for municipal services; House Bill No. 129, an Act limiting smoking of tobacco in public places. Item 8- Citizens' Discussion and Public Hearings: 1. Public Hearing on taxi cab service. The City Manager outlined the request from Pioneer Cab's to hold the Public Hearing, to solicit comment regarding the number of vehicles for hire which are allowed to operate within the City. Letters from Legion Cab, Pioneer Cab and Mrs. Terri Gillispie were read. Mrs. Gillispie requested a permit for another cab, Mr. Estel requested on behalf of Pioneer Cab a fran- chise to operate taxi cab service within the municipality and Mr. Jack Hoogland, Legion Cab indicated that the addition of a vehicle permit would not be in the '4- t) Page 78 REGULAR MEETING-FEBRUARY 24, 1975 VOLUME 16 best interest of the existing companies. Myr. Neve' opened the Public Hearing to discussion from the floor. Mr. Gerritt Hoogland reported that he worked for Legion Cab for nine months and had to quit because he couldn't make a living and indicated that it was his opinion the addition of taxi permit was not warranted at the present time. Mr. Jack Hoogland expressed his comments by indicating interest in the cab business in Seward and expressed his desire to be in service again as quickly as possible. Myr. Neve' closed the Public Hearing after everyone who desired to be heard had spoken. Clmr. Lutz in- dicated that he could not support a franchise in the spirit of competition. Clmr. McCloud reported he is opposed to the issuance of new permits at the present time. Clmr. Hulm seconded by Clmr. Oldow moved to retain the four taxi permits that is presently issued. Passed unanimously. Item 9- Council Discussion: Clmr. Hulm requested the Annexation Proposal for Fourth of July Creek area be presented to the Harbor Commission on Wednesday and to the Planning and Zoning Commission at its next regular meeting, so that council could have benefit of their comments on March 24th. Clmr. McCloud noted the need to regularly inspect taxi cabs, to work on television, to pre- vent cost overruns on projects especially studies if possible and reported he felt the Seward Public Works crew was doing a good job under extremely poor weather conditions. Myr. Neve' reported the need to add two members to the Planning and Zoning Commission and nominated Garry LeFlore and Don Gilman to the Commission. Clmr. McCloud, seconded by Clmr. Lutz moved to confirm the appointments of Mr. LeFlore and Mr. Gilman to the Planning and Zoning Comm- ission. Passed unanimously. Clmr. Lutz suggested the status of the tele- vision project be reported on in the newspaper when information was avail- able and expressed the sentiment that the snow removal activities of the City insofar, as the removal of berms from intersections of streets with alleys when snow removal equipment has passed through the alley be improved. Clmr. Hulm suggested the Borough Assemblymen amend the budget submitted by the schools to provide for extra curricular activities, Hulm noted that the Borough Assembly had no line item control over the budget but by providing funds to the school for extra curricular activities citizen complaints can easily be transferred to the school officials. Item 10- Resolutions, Ordinances & other Action items: 1. Harris/Lawson Fish Project approval request. The City Manager read a letter from Mr. Harris and Mr. Lawson expressing interst in the taking of Herring by hand from the Seward Small Boat Harbor for the purpose of making bait packs for sport fisherman. Mr. Lawson explained the project would not interfere with the operation of the municipal Small Boat Harbor and expressed his interest in starting a business which would be a benefit to the area. A memorandum from the Harbor Commission to the Seward City Council was noted for the record indicating that they would hear the Lawson presentation at the next regular meeting and incorporate comments and suggestions in recommendations made at that time. Clmr. McCloud, seconded by Clmr. Hulm moved to approve the Harris/Lawson request for a one year trial period subject to specifications as might be required by the Harbor Commission. Passed unanimously. 2. Res- solution No. 914, A RESOLUTION DECLARING THIS CITY DOES NOT HAVE AN IMM- EDIATLY PUBLIC USE FOR CERTAIN TAX FORECLOSE PROPERTIES DATED TO THE KENAI PENINSULA BOROUGH (see attached) The City Manager read Resolution No. 914, in full, Clmr. Lutz, seconded by Clmr. McCloud moved to adOPt Resolution No. 914. Passed unanimously. Item 11- Citizens' Discussion: 1. Mr. Don Gilman reported the board for Little League in Seward voted to utilize the Jesse Lee Home ball diamond for play this year. Gilman requested the City contact A.I.M. Inc., to work out some of the details of this use. Mr. Gilman also noted that while the school budget had received major attention the Borough budget did not, he suggested council and the public make an effort to be aware of the Borough budget as well. Item 12- Executive Session to discuss a personal matter of the municipality Myr. Neve' called the Executive Session to order at 11:21 P.M., at 12:21 P.M. the regular meeting of the council was called back to session. There being no further business to come before the municipality Clmr. McCloud moved to My Neve' journed the meeting at 12:22 P.M. , 8;d~eJ;I~ Mayor . e ~ l t: CITY OF SEWARD RESOLUTION No. 914 A RESOLUTION DECLARING THAT THIS CITY DOES NOT HAVE AN IMMEDIATE PUBLIC USE FOR CERTAIN TAX FORECLOSED PROPERTIES DEEDED TO THE KENAI PENINSULA BOROUGH. WHEREAS, the Kenai Peninsula Borough has adoped Resolution 75-5 finding that the borough has no immediate public use for certain properties in or near Nini1chik which were deeded to the borough pur- suant to the 1973 tax foreclosure action for 1971 and 1972 taxes; and I t WHEREAS, AS 29.53.360 (c) provides that unredeemed property lying within the borough outside a city shall be deeded to the city if the borough does not have an immediate public use for said property but the city does have an i~ediate public use, subject to payment of costs of foreclosure, taxes, and interest as provided in AS 29.53.385; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD: That the City Council of the City of Seward hereby finds that Said city has no immediate public use for the following described prop.erties: S 1/2 N 1/2 SE 1/4 NE 1/4 of Sec. 4, T2S, Rl4W, S.M., containing 10.00 Acres, more or less (Tax Parcel #159-030-0600) S 1/2 N 1/2 SW 1/4 NW 1/4 West of the Sterling Highway of Sec. 3, T2S, R14W, S.M., containing 2.80 Acres, more or less (Tax Parcel #159-050-1500) t I, That a copy of this resolution be transmitted to the Kenai Peninsula Borough addressed to the attention of the Borough Attorney. PASSED AND APPROVED BY THE COUNCIL OF THE CITY OF SEWARD THIS 24 DAY FEBRUARY, 1975. ~~A<II~ Richard A. eve' Mayor AtTFlST : /' !- / / . ,:/;!tl Jl/~i I (~, / ,t... I ames R. Filip City Clerk r~ ; I I I ..... () t '_ Page 79 VOLUME 16 THE REGULAR MEETING -MARCH 10, 1975 THE REGULAR MEETING -MARCH 10, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for March 10, 1975, was called to order by Mayor Neve' at 7:35 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Hulm. Item 3- Roll was called and those present were Myr. Neve', Clmr's Hulm, McCloud, Oldow and Getman. Clmr. Dague and Lutz were excused absent and Jr. Mayor Branson was present. Item 4- Approval of Minutes: A correction was noted on Page 77, line 7, at the end of Item 1, the words "Passed unanimously" should appear, it was also noted that the overrun on the Electric Lease Purchase Study submitted by R. W. Beck & Associates amounted to $2190.54, ( see item 7-8, page 77) Clmr. Hulm seconded by Clmr. Getman moved to approve the minutes as corrected for February 24, 1975. Passed unanimously. Item 5- Report of the Borough Assemblymen: 1. Clmr. McCloud reported the bid opening date for Kenai High School construction was March 20, 1975, that the results of last months special election for school bonds had been certified, that generators for all the Kenai Peninsula Borough School District Schools were planned and that a suit brought by Borough teachers was going to be handled by arbitration. Item 6- The City Manager's Report: The City Manager requested addition to tonights agenda of Item 10-2, Kramer, Chin and ~avo Contract Review and approval and Item 12, Executive Session regarding the matter of personnel. The Council had no obiection to the proposed additions. Item 7- Communications: 1. A letter dated February 20, 1975, from Artic Environmental Engineers submitting invoices for EDA Water Proiect in the amount of $12,987.86, and for the Seward Water Pollution and Control Project in the amount of $1,775.00, signed Sidney E. Clark. 2. A letter dated February 26, 1975, from R. W. Beck & Associates, regarding the fuel adiustment clause for Seward electric rate schedules. Signed Fred E. Eagan, Senior Associate. 3. Sen- ate Bill No. 156, An Act relating to State Revenue sharing payments to municipal- ities and providing for an effective date. 4. House Bill No. 199, An Act relat- ing to the time for opening and closing polls. 5. House Bill No. 169, An Act relating to land and water use and establishing the Alaska Land and Water Use Planning Council and Regulatory Commission. 6. A letter dated February 28, 1975, regarding paving of the Seward Highway from mile 8 to mile 48. Signed Raymond W. Estess. 7. Confirmation that John Torgerson would be willing to serve on the Harbor Commission. Clmr. Getman seconded by Clmr. ~cCloud moved to appoint John Torgerson to the Harbor Commission. Motion passed unanimouslv. Item 8- Citizens' Discussion and Public Hearings: None. Item 9- Council Discussion: 1. Clmr. Getman suggested the Council oppose House Committee Substitute for Senate Joint Resolution No.6, renaming Mt. McKinley to Mt. Denali, and suggested support for the following, House Concurrent Resol- ution 20, providing travel on Ferry's by school groups, House Bill 217, removing the restriction for the campaign limitation and expenditure provisions for muni- cipalities and Senate Bill 207, eliminating the reqirements for holding run-offs in certain municipal elections which are tightly contested. 2. Myr. Neve' re- ported on his recent trip to Juneau and indicated that he had been in contact with representatives from the Dept. of Community and Regional Affairs, and in- dicated that help from the department might be available on a part-time basis for short periods during the summer. 3. Clmr. McCloud noted there was a need for additional housing in Seward. 4. Clmr. Hulm suggested that members of the Borough Assembly be alert to House Bill No. 131, regarding school support from the State. Item 10- Resolutions Ordinances and other Action items: 1. Television Trans- lator Improvement Proiect Authorization. The City Manager presented a report KU Page 80 THE REGULAR MEETING -MARCH 10, 1975 VOLUME 16 of Television Expenditure and ReceiPts and also provided copies of the Tele- vision Translator Survey for the City of Seward, dated January 1975, as sub- mitted by Mr. Richard P. Dowling of Juneau. Discussion followed and Clmr. Hulm seconded by Clmr. McCloud moved to proceed with the Television Translator im- provements as suggested with an estimated cost of approximately $15,000. Motion passed unanimously. 2. Kramer, Chin & Mayo contract review and approval. The City Manager read the proposed contract between the firm of Kramer, Chin & Mayo and the City of Seward for proposed services in regard to an economic study for the community. Discussion followed. Clmr. McCloud seconded by Clmr. Hulm moved to approve the Kramer, Chin & Mayo Phase I contract as read. Motion passed un- animously. Item 11- Citizen's Discussion: 1. Mrs. Pat Williams asked if channel 7, had made plans to serve the City of Seward. The Citv Manager reported that infor- mation on hand indicated that 1976 was estimated for this service. 2. Mr. Oscar Watsjold reported a need for siren coverage in certain areas in Clearview and Forest Acres. 3. Mayor Neve' suggested that civil defense efforts be considered during a work session of Council, it was agreed that the work session be held on Monday, March 17, 1975, at 7:30 P.M. in the Council Chambers. Item 12- Executive Session regarding a personnel matter. Myr. Neve' oDened the executive session at 10:24 P.M., Myr. Neve' closed the executive session and re- convened the regular meeting at 10:49 P.M. Clmr. McCloud moved to adjourn. Myr. Neve' adjourned the meeting at 10:49 P.M. ~ A-(~ Richard A. Neve' Mayor REGULAR MEETING-MARCH 24, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for March 24, 1975, was called to order by Mayor Neve' at 7:30 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Jr. Mayor Tim Branson. Item 3- Roll was called and those present were Myr. Neve', Clmr's Oldow, Getman, McCloud, Hulm, Dague and Jr. Mayor Branson. Clmr. Lutz was ex- cused absent. Item 4- Minutes: Clmr. Getman seconded by Clmr. McCloud moved to approve the Minutes, as presented, for the meeting of March 10, 1975. Passed un- animously. Item 5- Report of the Borough Assemblymen: 1. Clmr. McCloud reported the Borough Assembly had approved Ordinance 75-14, providing for zoning of the City of Homer, had passed Ordinance 75-18, amending the Kenai Pen- insula Borough Code of Ordinances regarding sick leave, that Ordinance 75-5, reconsidering a Borough salary increase had passed and had reviewed plans for the Tyonek School. Item 6- The City Manager's Report: 1. The City Manager reported the Planning and Zoning Commission and Harbor Commission had reviewed the Fourth of July Creek Annexation Proposal and the Manager indicated he con- curred with the Planning & Zoning Commission recommendation to table the I I I ~l Page 81 REGULAR MEETING-MARCH 24, 1975 VOLUME 16 item until the voters had an opportunity to approve the differential tax- ation proposition. Council had no objection to this action. 2. The City Manager also reported the Fourth Avenue Dock Study had been paid for and the break down between the participating sponsors was as follows; the City of Seward $6,197.63, the University of Alaska $6,197.63, Northern Steve- doring and Handling Corp. $5,312.27, for a total of $17,707.53. The Mana- ger suggested and Council concurred to meet in a budget work session sched- uled for April 7,1975. 3. The City Manager reported that Mr. Marv Weatherly from the Alaska Educational Broadcasting Commission had phoned indicating the possibility that Seward would be served by the new telecommunications authority presently under approval in Juneau. Mr. Weatherly indicated Seward had a priority insofar as it had an existing site which may be able to be used for the installation for additional television channels including the educational channel 7. 4. In connection with Jesse Lee and A.I.M. Inc., the Manager reported a telephone conversation indicating that work would soon begin on removal of interior panels and partiations in order to begin re- novation. 5. Myr. Neve' requested and the City Manager read House Bill No. 293, An Act relating to Appropriations and Grants from Borough's to Service Areas & Cities and providing for an effective date. Myr. Neve' noted at the conclusion of the reading that Council would have an opportunity to review the bill and make comments on it during the proposed work session. Item 7- Communications: 1. A letter dated March 20, 1975, from A.I.M. Insurance Inc. enclosing a policy of the insured's general liability coverage for Last Frontier Inc. Signed Charles A. Adams, President. 2. A letter dated March 13, 1975, from Alaska Sports Car Club Inc., requesting permiss- ion to hold a race on July 5 and 6, in Seward. Signed Sid Johnson, Vice- President. Council requested the administration to identify the type of race requested. 3. A letter dated March 19, 1975, submitting a resignation from the Planning and Zoning Commission. Signed LuCelia Suszka. 4. A letter dated March 18,1975, from A.I.M. Insurance Inc., reporting that the City is correct in the understanding regarding the use of the field for Little League insofar, as the hold harmless agreement and liability insurance is concerned. Signed Charles A. Adams, President. 5. A letter dated March 10, 1975, from Walk For Hope requesting a chairman for the Walk For Hope 1975 event in the Seward area. Signed Bonnie L. Jack, Director. No one in the audience in- dicated an interest in serving on this committee. 6. A letter dated March 14, 1975, from Clary Pioneer Insurance Agency, objecting to the possibility that the City would sign a hold harmless agreement for the Jesse Lee Ball Diamond in connection with Little League. Signed Fredrick D. Lammers. 7. A letter dated March 11, 1975, from the State Department of Public Works in- dicating objection to the proposed Harris/Lawson Fish Processing station operating inside the Small Boat Harbor. Signed Don Statter. 8. A letter dated March 19, 1975, from the Department of Housing & Urban Development, giving notice of an unfavorable Preapplication Review Action in connection with the City's request for grant funds in aid of construction of a Comm- unity Center. Signed Roger A. Riddle, Director. 9. A letter dated March 14, 1975, from the Alaska Railroad indicating the railroad would not be able to under take a fill project in the vicinity of the round house. Signed W. S. Johnston, General Manager. 10. A letter dated March 17, 1975, from the Alaska Railroad requesting reconsideration of a proposal to engage in a land swap between the City and the Railroad for properties which adjoin in the Small Boat Harbor area. Signed D. L. Allen, Assistant General Manager. Clmr. Hulm opposed the suggested swap. 11. A letter dated March 18, 1975, from City Manager James R. Filip, to Mr. Dale Rusnell, Public Utilities Commission, enclosing copies of the R. W. Beck reports and a copy of the now lasped con- tract. The Manager noted that if Council had no objection he would begin in- formal negotiations with the Public Utilities Commission insofar, as trying to resolve the present stalemate between the City and Chugach Electric Assoc. for improved electric line capacity serving the Seward area. Council had no objection. 12. The following legislative items were noted for the record Committee Substitute for House Joint Resolution No.1, Proposing amendments to the Constitution of the State of Alaska providing for a unicameral leg- islature; House Joint Resolution No. 24, Relating to the functions and stand- ards of the Environmental Protection Agency; CS for House Bill No. 25, An Act establishing the Alaska Fire Fighter Training Center Commission; and K~ Page 82 REGULAR MEETING-MARCH 24, 1975 VOLUME 16 providing for an effective date; House Concurrent Resolution No. 31, Relating to the proposed trans-Alaska gas pipeline; Senate Bill No. 40, as amended, An Act increasing state aid to municipalities for fire protection; House Bill No. 204, An Act relating to the time for opening and closing the polls; Senate Bill No. 207, An Act relating to the requirements for run-off elections in municipal elections; House Bill No. 217, An Act exempting municipal elections from state law governing election campaign contributions and expenditures, House Bill No. 223, An Act relating to the requirements for run-off elections in municipal elections; House Bill No. 228, An Act relating to municipal plan- ning and zoning powers; Senate Bill No. 237, An Act relating to the time for opening and closing polls; Senate Bill No. 242, An Act relating to coastal zone management; and providing for an effective date; Senate Bill No. 255, An Act relating to vote requirements in municipal elections; Senate Bill No. 257, An Act relating to officers and employees of a municipal fire department; Senate Bill No. 261, An Act relating to the evidence in prosecutions for rape and assault with intent to commit rape; and Senate Bill No. 262, An Act relating to jury instructions in rape cases; and providing for an effective date. Item 8- Citizens' Discussion and Public Hearings: 1. Mrs. Janet Hilton, presented a grant application for the First Lake Recreation area and asked Council to submit the item to the public hearing at the next meeting. In addition Mrs. Hilton requested the amount of $2,000., to assist the con- struction work in addition to the plan. Mr. Oscar Johnson commented that the project had been tried before with poor results due to vandalism and that such an action needed supervision on a regular basis. Mr. Bob McCabe spoke indicating that $2,000. from the City would be matched and result in a $17,000. park addition. He noted that the $2,000. was needed by June 1, to start with or without the grant approval. Council had no objection and the Manager agreed to submit the item for public hearing on April 14, 1975, regular meeting. Clmr. McCloud seconded by Clmr. Dague moved to approve the First Lake Park Project Grant request as submitted by the Seward Bicentennial Commission for purposes of submission to the State in order to apply for grant funds. Passed unanimously. 2. Mrs. Leslie Simutius supported the sports car race in another area of town and asked if it was infact a sports car rally instead. The Manager was requested to clarify the item. 3. Mr. Earl Combs, Ron Mayo and Bill Shiels representing the firm of Kramer, Chin and Mayo, introduced themselves and indicated they would be happy to work with the community on its economic plan. Item 9- Council Discussion: 1. Clmr. Getman supported legislative items for House Joint Resolution No. 24, Relating to the functions and standards of the Environmental Protection Agency, and Senate Bill No. 207, An Act relating to the requirements for run-off elections in municipal elections. 2. Clmr. Hulm reported some of the earthquake pictures are missing and that it would be appropriate in order to protect them to install plexiglass in the frame if possible. Clmr. Hulm also asked to be excused for the work session and for one or two meetings in April depending on the length of his absence. Council had no objection to the excuse being granted. 3. Clmr. McCloud re- ported he was working in the Borough Assembly to explore the possibility of removing sales tax on food items, and perhaps oil delivered to homes. 4. Clmr. Oldow asked if the administration knew whether the Alaska Railroad paid the City of Anchorage an amount in lieu of taxes. The City Manager replied that he did not think that the City received revenue of that type but he would check. Clmr. 01dow also asked whether the recreation director had been fund- ed for the summer, the City Manager responded that the budget did not in- clude this item for 1975. Item 10- Resolutions, Ordinances and other Action items: 1. Confirmation of Louis A. Bencardino as Chief of Police. Clmr. Hulm seconded by Clmr. McCloud moved to approve the confirmation. Passed unanimously. 2. The Breeze In Expansion Request from John Smith. The City Manager reported he was not ready to make a recommendation on the item since the Harbor Comm- ission had not yet held its meeting. Without objection it was agreed to review the item on April 14. 3. Appointment to the Planning and Zoning Commission of one member for a three year term ending February 15, 1978, L> .) 0.) Page 83 REGULAR MEETING-MARCH 24, 1975 VOLUME 16 Council requested that this item be tabled until the next regular meeting. 4. Appointment to the Harbor Commission. After the City Manager reported that the Commission may lose one or two of its members, it was suggested that the item be tabled until the next meeting. Item 11- Citizens' Discussion: None. I Item 12- Adjournment: Clmr. Dague moved to adjourn. Mayor Neve' adjourned the meeting at 8:43 P.M. ~J~.~r Richard A. Neve' Mayor REGULAR MEETING-APRIL 14, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for April 14, 1975, was called to order by Mayor Neve' at 7:33 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Oldow. I Item 3- Roll was called and those present were Myr. Neve', Clmr's Getman, Dague, Lutz and Oldow. Clmr. McCloud arrived late, Clmr. Hulm was absent excused and Jr. Mayor Branson was absent. Item 4- Minutes: Clmr. Lutz seconded by Clmr. Dague, moved to approve the Minutes, as presented, for March 24, 1975. Passed unanimously. Item 5- Report of the Borough Assemblymen: 1. Clmr. McCloud reported the Borough Assembly had met on April 1, 1975, and had enacted Ordinance 75-19, providing for supplementary appropriation to the North Kenai Re- creation Area to cover additional expenses in the swimming pool construct- ion program for an amount of $200 ,000.00 and the Borough Assembly had ac- knowledged receipt of the school district budget for 1975/76. Clmr. McCloud also noted Resolution 75-19, opposing House Bill No. 293, providing revenue sharing grants to cities from boroughs was passed. Mayor Neve' reported the Borough would consider a Resolution eliminating sales tax and that this leg- islative item was vague in the sense it did not clearly state how the revenue which would be eliminated would be replaced for the school district. Mayor Neve' reported the Borough Assembly would be meeting the next evening and that representation from the community was necessary. I Item 6- The City Manager's Report: 1. The City Manager reported he would initiate letters to the City of Obihiro regarding the student exchange program for 1975, if Council had no objection. (no objection was stated.) 2. The City Manager also reported on the proposed schedule with representatives of the firm of Kramer, Chin & Mayo: a meeting on April 21, in a work session with Council, on April 22, in a work session with the Planning & Zoning Commission and on April 23, during the meeting with the Harbor Commission. Item 7- Communications: 1. A letter dated April 4, 1975, from the Inter- national Brotherhood of Electrical Workers, suggesting the negotiations be started a little earlier then scheduled or that a small wage adjustment be made in electric employees pay. Signed Al Larson, Business Representative. Council had no objection to initiating the negotiations earlier then scheduled. 2. An invoice from Kramer, Chin and Mayo, for Phase I Master Plan expenses in the amount of $4,066.04. 3. A letter dated April 1, 1975, from Homer Electric Association Inc., reporting their feelings the $5,000.00, completes their part of the agreement for sharing the R. W. Beck Studies. Signed W. C. H4 Page 84 REGULAR MEETING-APRIL 14, 1975 VOLUME 16 Rhodes, General Manager. 4. Application for authorized Games of Chance and Skill, from BPOE Elks #1773; the administration had no objection to approving the permit as submitted. C1mr. Lutz seconded by C1mr. McCloud moved to approve the application. Passed unanimously. 5. Meeting notice for the Alaska Municipal Clerks and Administrator Seminar scheduled for May 12, through May 16, 1975. The City Manager reported he would be in attendance at the meeting if there was no objection and suggested that Council consider moving the re- gular meeting date to accommodate the Manager's attendance of the meeting. Council had no objection to his attending or to the shift of date. 6. A letter dated April 8, 1975, from Chugach Electric Association Inc., submitting the agreement for the sale of wholesale power. Signed L. J. Schultz, General Manager. Council desired to review the contract in detail at a work session. Item 8- Citizens' Discussion and Public Hearings: 1. Public Hearing/First Lake Park Proposal. Myr. Neve' opened the Public Hearing. Mr. Joe Carter spoke regarding some changes in the plan to eliminate the swimming float, but noted the area would still be stocked with fish and that no overnight camping would be permitted at the location. Mr. Carter noted that problems of vandalism, garbage pickup and policing the area had been discussed by people he had been in contact with. Mr. Willard Dunham questioned the use of the High School park- ing lot for the First Lake Park area. Mr. Carter indicated that the Borough had been contacted but that no answer regarding the lot had been forthcoming. Mrs. Pat Williams reported she felt sorry the swimming aspect could not be kept in the area and suggested a life guard for the two months during the summer. Mr. Dale Lindsey noted the area is adjacent to his property and noted that contrary to some thoughts he was in favor of it providing the community makes commitments to the area. Lindsey noted the park had been built up three times during the last' thirty years, but the effort is wasted unless the City would police the area and some organization would maintain it, not once a year but more like once a week. Mr. Lindsey reported that firewood was necessary or the trees would be cut down. In conclusion Lindsey suggested the City make a firm commitment to maintain the area to keep it neat and orderly and to do what is necessary to take proper care of the facilities. Myr. Neve' reported it was hard to guarantee anything but hopefully it would be maintained and kept in good condition. C1mr. Lutz noted he was in agreement with Mr. Lindsey's statements and addressed the park situation and the need for maintenance in his comments. Mrs. Pat Williams noted the lake had been know once as Harriman Lake and had been fixed up and vandalized. She reported the Red Cross uses the lake for water safety programs. Myr. Neve' suggested the need for time limits, posting of rules, prohibitions on camping and the idea of the area was for local use primarily. Clmr. Dague noted that vandalism was a universal problem but only a small number of people were actual involved in destroying property. With no one else desiring to be hear Myr. Neve' closed the Public Hearing. 2. Public Hearing/Marina Subdivision Addition No.1. Myr. Neve' opened the Public Hearing. Mr. John Smith reported his desire to add 200 to 250 feet paralleling Third Aven- ue to give him approximately 25,000 square feet of land for purposes of a motel construction project. Myr. Neve' reported the Harbor was being assessed for future use and the engineers doing the study would be in Seward soon. Myr. Neve' suggested waiting for several weeks for expert opinions on the matter. Mr. Smith reported the community needs a motel, that it was a good idea, and that it would improve tourism in the area. Clmr. Lutz suggested there was no reason to wait for subdivision, that there was a need to expedite the survey work. Mr. Willard Dunham spoke indicating the proposal was pleasing to him and that we have in Sew- ard 26 motel units now with one being closed in the winter. He noted all of the property in the area has sat for ten years and resulted in five small build- ings with not one being a year round business. The City Manager noted that one possible problem in providing access for the area from Third Avenue was that it entered into a highway situation and Dunham retorted that if it was necessary, challenge the highway department if it objected to this access. Myr. Neve' noted the need for orderly development. With no one else being present who desired to be heard on the subject, Myr. Neve' closed the Public Hearing. C1mr. Lutz seconded by Clmr. McCloud moved to proceed on the subdivision of the parking reserve into Marina Subdivision Additon No.1. Passed unanimously. Item 9- Council Discussion: 1. C1mr. Lutz noted a need for attendance at Borough meetings by citizens of the community. Clmr. McCloud noted a need for improving the gravel streets in the community and also indicated that citizens were interested in having water turned on at the float system. The Manager I I I ~,) Page 85 REGULAR MEETING-APRIL 14, 1975 VOLUME 16 reported that water at the Harbor was approxmately two weeks premature with the possibility of freezing of pipes. 2. Clmr. Getman noted that the Legion Cab Co. was still not running and that taxi service was needed in the community. Council agreed the administration should handle the notice to Mr. Hoogland regarding his taxi service. 3. Myr. Neve' asked the Council regarding the interest in a tide pool in the vicinity of the old Boat Harbor near D Street. 4. The Myr. also noted that streets needed to be cleaned and the administration reported the sweepers were being restored to service and hopefully they could be on the road by Friday or Monday of next week. 3. Council discussed the possibility of waiving the three percent Borough sales tax which is dedicated to schools and Clmr. Lutz noted that he is not in favor of repealing the three percent tax until some guarantee re- garding school funding could be provided. t'tem 10- Resolutions, Ordinances and other Action items: 1. Appointment to the Planning and Zoning Commission of one member for a three year term ending February 15, 1978. The nominee for the position was Mr. Fred Lammers. Clmr. Dague seconded by Clmr. McCloud moved to appoint Fred Lammers to the Planning and Zoning Commission. Passed unanimously. 2. Appointment to the Harbor Comm- ission. The nominee was Mr. Bud Crawford. Clmr. Dague seconded by Clmr. McCloud moved to appoint Bud Crawford to the Harbor Commission. Passed unanimously. Item 11- Citizens' Discussion: 1. Mr. Willard Dunham suggested the City Council and adminstration actively request the Alaska Railroad to lease the old passenger tract going into the Boat Harbor for City's ownership and development. Dunham noted the area could be important property ot the City and that while the rail- road had argued over needing the spur for switching ~ars, with a minor amount of work the system could be changed. Dunham concluded his statements by noting that ownership of rigllt away effectively blocks access to the North West corner of the Small Boat Harbor. The City Manager reported that it was his opinion the only way the property could be sprung from the railroad would be to travel to Washington D. C. to talk directly to the Federal Railroad Admininstration, in an effort tp make our point heard. The Manager continued by pointing out that letters affecting the railroad operation which are sent to Washington to the Congressional delegation are generally routed to the Federal Railroad Administrators office who then asks Anchorage. In a sense Anchorage answers the questions to the railroad administra- tor and the railroad administrator then rephrases the answer from Anchorage and sends it back to the Congressionals who route it back to the City of Seward. The answers that come from this type of exchange are generally not favorable and are couched in terms agreeable to terms of the administration of the Alaska Railroad. 2. Mr. Willard Dunham suggested working quickly to take advantage of the paving plan which would be used in conjunction with paving the Seward Airport, to work on a community wide paving project. Dunham reported he is not against assessment of the property, that he would like to see the project advance. Even if it took a special election, it would be worthwhile, said Dunham. Mr. Oscar Watsjold suggest- ed that the paving project be paid for by a general tax effort which would be leived against the entire community instead of by special assessment. Mr. Dunham concluded his remarks by indicating he would be willing to poll the area residents regarding the paving if the City Administration would try to arrange for asphalt to be dump- ed on the end of the pavement in the vicinity of the Forest Acres Campground. 3. Clmr. Getman noted that several drunks had been seen passed out in the bars and suggested the possibility of a letter being sent to bar owners indicating the reSponsibility to maintain better control over their premises. Item 12- Adjournment: Clmr. McCloud moved to adjourn. Mayor Neve' adjourned the meeting at 9:55 P.M. ~!.7~ /J mes R. Filip City Manager - ~ ~J iI.;t/~~-/ Richard A. Neve' Mayor ,....1 .' .- -) Page 86 VOLUME 16 REGULAR MEETING-APRIL 28, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for April 28, 1975, was called to order by Mayor Neve' at 7:31 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. 01dow. Item 3- Roll was called and those present were Mayor Neve', Clmr's Lutz, Hulm, Getman, Oldow, McCloud and Jr. Mayor Branson. Clmr. Dague arrived late. Item 4- Approval of Minutes: Clmr. Lutz, seconded by Clmr. Getman, moved to approve the Minutes, as presented, for April 14, 1975. Passed unanimously. Item 5- Report of the Borough Assemblymen: 1. Clmr. McCloud reported the Borough Assembly had met and had taken action regarding various Borough matters which did not affect the municipality, and noted in the report the Borough Bond rating was now Baa. Clmr. Oldow complimented the City Representatives to the Borough Assembly for their work and support on the Borough School Budget. Item 6- The City Manager's Report: 1. The City Manager reported that Public Hearings had been scheduled for May 5, 1975, to hear comments regarding the Proposed Budget for 1975/76, and the Proposed Lease Extension for Tract 1, Seward Waterfront Tracts from thirty to fifty-five years. 2. That Mr. Kenneth S. Boggs, Secretary-Treasurer for A.I M. Inc., had indicated that work on the Jesse Lee Home properties, would begin in the immediate future. The City Manager noted the work at this time was to be limited to removal of material to facilitate repair. 3. The City Manager asked for direction from Council in regard to ex- penditure of Local Service Roads and Trails money and suggested that Diamond Blvd. in Forest Acres or the road behind First Lake be improved. Discussion followed and it was agreed to utilize Diamond Blvd. as the primiary center of attention and to take some funds to build up the road behind First Lake. Clmr. Getman noted the Seebee's would participate if possible in improving the road behind First Lake. 4. That the Airport Paving Project would be opened for bid on May 8, 1975, with an estimated completion date of August 31, 1975. Item 7- Communications: 1. Announcement from Senator Ted Stevens, that the City has been awarded a grant from the Environmental Protection Agency, in the amount of $171,250.00, for step one facilities planning for interceptors, lift- stations and treatment plant. Signed Ted Stevens. 2. A letter from the City of Obihiro, requesting consideration for supporting the fisheries effort of Japan within the 200 nautical mile sea limit. Signed Kengo Tamoto, Mayor. Council discussed the letter and suggested the City send its regrets noting the community unity supports the State in its 200 mile limit policy. 3. A letter dated April 18, 1975 from the Alcoholic Beverage Control Board, reporting on the transfer of license for the Pioneer Bar & the Pioneer Liquor Store. Signed Mrs. A. A. Lee Young, Records & Licensing Supervisor. Council had no objection to approving the transfer. 4. A letter dated April 14, 1975, from Hughes, Thorsness, Lowe, Gantz and Powell, suggesting the Secret Witness Program is a good one. Signed Kenneth P. Jacobus. Council desired more information on the program before endorsing it. 5. Receipts and Disbursements Report for the Seward Television Translator, with a balance on hand of $628.74. Signed Burton W. Baugh, City Comptroller. 6. A letter dated April 23, 1975, from Bechtel Inc., requesting permission to use City property North of the grid for a module unit. Signed Dave G. Johnson, Transport- ation Superintendent. Council had no objection to this use. 7. A letter dated April 24, 1975, from the Seward School Advisory Committee, suggesting the munici- pality purchase the National Guard Armory. Signed Marilee Nord, Hope C. Noyes, Joann McCabe, E. G. Skinner and Joe Carter. Council had no objection to the administration investigating the suggestion. 8. A letter dated April 25, 1975, from the Department of Housing & Urban Development reporting that the Community Center application is ineligible for funding through the Community Development Block Grant Program. Signed Roger A. Riddle, Director. 9. Mayor Neve' suggested the City pass a Resolution requesting Lowell Point Road be added to the State Highway ~__y stem as an extension of Third Avenue. The Mayor reported he had talked to Senat~Kerttula and Representative Specking and both were in agreement that action of this type was appropriate. Council had no objection to considering the Resolution at the next meeting. I I I ~7 Page 87 REGULAR MEETING-APRIL 28, 1975 VOLUME 16 Item 8- Citizens' Discussion and Public Hearings: 1. Mr. Jack Hoogland spoke in support of the taxi operation by Legion Cab and requested a thirty day exten- sion to make a decision regarding the future of the company. Council discussion followed and it was agreed that thirty days would be permitted to allow Mr. Hoog- land the opportunity of getting the Legion Cab Company back in operation. Council also noted the Ordinance stipulates how cabs will operate and that adherence to the Ordinance in all respects from all licensees is required. 2. Mr. Sidney Johnson, Vice President of the Alaska Spvvts Car Club, requested Council per- mission to hold a Sports Car Race in Seward on the 5th and 6th of July. Mr. Johnson noted the Club has not had any accidents or bodily injuries since the events had been held in 1958 and reported the average speed of the cars would be sixty miles per hour and the event would last thirty to thirty-five minutes, during which time the cars would make approximately twenty circuits of the course which begins at 7th Avenue and comes back on 4th Avenue and crosses over to 6th Avenue and back to 5th Avenue to the point of beginning. Mr. Johnson reported the vehicles need to be raced on pavement and the streets would have to be clear- ed of vehicles during the event. Mr. Johnson also requested help from the comm- unity as much as possible to get the race underway. The City Manager indicated the administration was not in favor of the activity and suggested at the very minimum, a Public Hearing be held to advise the citizens of the proposal. It was agreed to hold the Public Hearing on May 5, 1975. 3. Mrs. Marlene Neve' requested permission for members of the Seward General Hospital Association to solicit funds on a door to door basis in the residental area. Council had no objection to granting the request. 4. Mrs. Janet Hilton, requested a report on the status the Bicentennial funds of $2,000.00 for expenditure this year. She was advised the budget was going to be reviewed and an answer would follow. 5. Mr. Joe Carter, member of the School Board Advisory Committee, suggested the City attempt to buy the Armory and make use of the structure as a community building for approximatety four years or until the new school is finished. 6. Mr. Oscar Watsjold suggested the road up to the elementary school be fixed and inquired about the status of the road behind Jesse Lee Heights Subdivision. The City Manager reported that a lot had been reserved to provide for a right of way to the school property, but the school its self had not made a committment to permit a road to be put in that area. -J Item 9- Council Discussion: 1. Clmr. Oldow requested a report on the status of the lot at Fourth & Washington with regard to the vans. The City Manager re- ported that Mr. Hoogland had indicated he acquired land outside of the city limits and would be moving the vans out there sometime during the summer. 2. Clmr. Lutz inquired about the status of the Louisiana Pacific contract for the generator and the City Manager reported the attorney and R. W. Beck & Associates were work- ing on the contract proposals. 3. Clmr. Lutz also indicated that a large amount of insulation was on the South end of town and needed to be picked up. 4. Myr. Neve' reported one extremely large log was seen moving in the vicinity of the Institute of Marine Science and the size he suggested was seven to eight feet in diameter. Myr. Neve' asked that the Harbor Master be notified and that an att- empt be made to secure the log. 5. Clmr. Dague asked for and received an ex- cused absence from the meeting of May 5th, and suggested the City begin asses- ing the dollar per day storage fee for boat trailers parking on City property. Discussion followed, Clmr. Getman moved, seconded by Clmr. Dague to charge boat trailers $1.00 per day for parking. Motion passed unanimously. 6. Clmr. McCloud inquired about the status of the Translator and the billing to the State. The City Manager reported that since the Telecommunications authority had died in the legislature, that no attempt at collection had been made. 7. Clmr. Hulm inquired about the status of Engineering Science of Alaska billings and the City Manager reported that the billings were under review and there was an attempt at negot- iating a more reasonable settlement. 8. Clmr. Getman requested a statement policy with the Boat Harbor billings and the City Manager indicated that while some billings were being delayed, action on some of the more deliquent accounts was being taken on a time permitting basis and some were being collected. Item 10- Resolutions, Ordinances and other Action items: None. Item 11- Citizens' Discussion: None. Item 12- Adjournment: Clmr. Dague moved to adjourn. Mayor Neve' adjourned the regular meeting at 9:59 P.M. ~F::: 4; ~J ;{.~~ City Manager Richard A. Neve' Mayor KK Page 88 VOLUME 16 REGULAR MEETING-MAY 5, 1975 Item 1- The Regular Meeting of the common Council of the City of Seward, Alaska, for May 5, 1975, was called to order by Mayor Neve' at 7:35 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Lutz. Item 3- Getman, absent. Roll was called and those present were Myr. Neve', Clmr's McCloud, Lutz, Hulm, Oldow and Jr. Mayor Branson. Clmr. Dague was excused Item 4~ Minutes: Clmr. Hulm, seconded by Clmr. McCloud, moved to approve the o;Minutes, as presented, for April 28, 1975. Passed unanimously. Item 5- Report of the Borough Assemblymen: None. Item 6- The City Manager's Report: 1. The City Manager requested the addition of Item 10-3, to tonights agenda, APPROVAL OF AMENDMENT NO.1, TO THE CITY OF SEWARD PENSION PLAN. There was no objection to this request. Item 7- Communications: 1. The City Manager presented the proposed language for the Earthquake Memorial, council had no objection to the omission of names on the monument. 2. A letter dated May 2, 1975, from Alaska Title Guarantee Co., requesting the amount of $3,000.39, for the purchase of Lots 9 and 10, Block 16, Federal Addition. Signed Elaine White, Escrow Officer. 3. Sponsor Substitute for Senate Bill 175, An Act relating to coastal zone management; and providing for an effective date. The City Manager reported he would continue to oppose legis- lation of this type. 4. A letter dated May 4, 1975, from Lucelia Gable Suszka, commenting on expenses that were imposed upon her by broken glass accumulated in the right of way of Fourth Avenue. Signed Lucelia Suszka. 5. A copy of a bill dated April 29, 1975, indicating a 15% rate increase in wholesale power purchased by the City from Chugach Electric Association. Signed Henry B. Jones, Manager, Consumer Service Department. 6. A letter dated May 5, 1975, from Elizabeth L. Mahan, indicating dissatisfaction with the enforcement procedures presently in effect by the City of Seward, in controlling trash, debris and abandoned auto- mobiles. Signed Elizabeth L. Mahan. 7. A copy of a letter to Alaska Aeronautical Industries, Inc., from Kramer, Chin & Mayo, requesting information for inclusion in the City's Economic Development Plan. Signed Earl Combs, Kramer, Chin and Mayo, Inc. Item 8- Citizens' Discussion and Public Hearings: 1. Public Hearing/Application for Sport Car Race Permit. Myr. Neve' opened the Public Hearing, Mr. Sidney Johnson representing the Alaska Sports Car Club supported issuance of the requested permit. Mr. Joseph Carter, supported the request and suggested the Jaycees could assist with the race. Mr. William C. Vincent suggested that the Council weigh the possibility of a death in connection with this race. Mr. Emory Sample questioned the closure of driveways and access streets in the vicinity of the race circuit. Dr. John Noyes, expressed strong opposition to the race proposal, Pastor Groth expressed support of the race and suggested it was not a poor example for our kids. Mr. Emory Sample indicated agreement with the sentiments against the race voiced by Dr. Noyes and expected a youngster would be involved in an accident within twenty-four hours after the race. Mr. Sample concluded by saying "the kids will try and do it." With no one else in the audience wishing to be heard, Myr. Neve' closed the Public Hearing. The City Manager read a letter dated May 1, 1975, from Clary Pioneer Insurance Agency reporting "from the standpoint of the City's Insurance Carrier, this race would not be acceptable." Signed Frederick D. Lammers. The City Manager also read a letter dated May 5, 1975, from John L. Noyes, M.D., who expressed the sentiments "as a doctor, parent and citizen of this community and state, I strongly recommend the Ci ty Council rej ect this permit." The City Manager also read a let ter dated April 30, 1975, from the Board of Directors of the Seward Chamber of Commerce. The letter in part read "the Board of Directors of the Seward Chamber of Commerce, by motion, duly seconded and passed unanimously, voted to strenuously object to any such high speed auto race in Seward on July 5th and 6th, and to make such objections known to members of the City Council of Seward at their meeting of May 5th in the Council Chambers." The City Manager expressed his sentiment that he was in opposition to the proposed race on the basis of safety for life and property in the community. Clmr. Hulm expressed the sentiment that it would be of interest to the businessmen to get I I I t'H Page 89 VOLUME 16 REGULAR MEETING-MAY 5, 1975 involved with activities, and that it would bring money into the community. Clmr. Lutz expressed the sentiment that he understood the concerns voiced and thought that it might be more hazardous to cross Third Avenue then to cross the proposed race course. He concluded by saying "I am in favor of the motion." Clmr. Getman expressed apprehension but thought it might be good for the City. Clmr. McCloud indicated his support for the race but noted certain requirements should be met. Clmr. Oldow agreed with the sentiments expressed by Counci as did Myr. Neve'. Clmr. Hulm, seconded by Clmr. McCloud, moved to authorize the race provided an .appropriate amount of insurance could be provided. Motion passed unanimously. 2. Public Hearing University of Alaska Lease Extension for Tract 1, Seward Waterfront Tracts, from thirty to fifty-five years. Myr. Neve' opened the Public Hearing. Mr. Ernie Estel asked if the extension was in the best interest of the City of Seward and Myr. Neve' expressed the sentiment that it was. With no one else in the audience who desired to be heard, Myr. Neve' closed the Public Hearing. 3. Public Hearing/ 1975-76 Municipal Budget. Myr. Neve' opened the Public Hearing. The City Manager explained the present method of taxing boats and presented the proposed budget for 1975/76.. Mr. Jim Lawson expressed the sentiments that the City had Anchorage boats over a barrel insofar, as taxes were concerned. Mr. John Durkin told Council that it was necessary to think of contributions to the development of Whittier. Mr. Ernie Estel reported that Kodiak had tried the same tactic and that boats would be registered in Seattle as opposed to paying such a high rate. Oscar Watsjold questioned the difference between campers and boats and particularly pleasure boats. Mr. Watsjold thought that the present system was not fair. Mrs. Willard Dunham indicated the need for alternative sources of funding and noted that in its absence real estate would be taxed more heavily. Mr. Durkin reported that the State has the ability to help the municipality and the State could review the tax system. With no one else in the audience wishing to be heard. Myr. Neve' closed the Public Hearing. Council continued the discussion and suggested that a work session with the Borough Assessor to discuss tax matters in Seward would be appropriate. Mr. Ted Sires thought that the boat tax should be reviewed in a different light than personal property, since a commercial boat is an income provider. Clmr. Lutz indicated that the community has been dormant and now we are faced with growth and demands. He added that we are involved in a process of deficit spending and we do not want an in- justice in the tax system if it can be helped. It was agreed that an opinion from the Attorney Generals Office regarding the boat tax levy should be obtained. Clmr. Hulm expressed agreement with the sentiment that the boat tax should be graduated if at all possible. A question was asked regarding the possibility of imposing a 2% sales tax and lowering the mill as a result of increased revenues. The City Manager indicated that such an effort could be attemPted but only if the present system of taxation was maintained, he added if the Borough exempted certain classes of property from taxation that the revenues to the municipality would be reduced and the goal might not be met. Clmr. McCloud indicated he was not in favor of a boat tax at this time. Item 9- Council Discussion: 1. Clmr. Oldow noted that Bay City Motors and the Bob Eads property as well as the Flamingo created problems relating to trash and litter. Council discussion followed and it was agreed that the administration and City employees should work on the clean-up effort. Clmr. Lutz noted that garbage in alleys was horri- ble and that garbage containers as specified in the code should be required of all property owners. 2. Clmr. Lutz also noted what amounted to poor service from the Mt. McKinley bus lines and asked that a letter be written regarding their service. 3. Clmr. McCloud inquired about the plans to sealcoat City streets and the City Mana- ger replied that sealcoating was necessary to protect the City's investment in the paving that is in place now, and that efforts should be directed this year to seal coat the streets. 4. Clmr. Hulm indicated that Northern Stevedoring & Handling Corp., would propose to fence the Fourth Avenue Dock area to control access. It was suggest- ed by Council that Northern Stevedoring & Handling submit a letter requesting such authority. 5. Clmr. Getman expressed concern over the need for a dock tariff to cover fish products and noted that paid parking on all City owned property in the Boat Harbor area would be appropriate. It was agreed to submit the dock tariff proposal to the Harbor Commission and to review the parking plan at the same time. Item 10- Resolutions, Ordinances and other Action Items: 1. Resolution No. 915, (see attached) A RESOLUTION SUPPORTING PAINT-UP, CLEAN-UP, FIX-UP, DURING THE MONTH OF MAY. Clmr. Getman, seconded by Clmr. McCloud, moved to approve Resolution No. 915. ~u Page 90 VOLUME 16 REGULAR MEETING-MAY 5, 1975 Passed unanimously. 2. Resolution NO. 916, (see attached) A RESOLUTION SUPPORTING STATE INVOLVEMENT IN LOWELL POINT ROAD. Clmr. Lutz, seconded by Clmr. McCloud, moved to approve Resolution No. 916. Passed unanimously. 3. Approval of amendment No.1, to the City of Seward Pension Plan. Clmr. Lutz, seconded by Clmr. McCloud, moved to approve Amendment No.1, to the City of Seward Pension Plan. Passed unanimously. Item 11- Citizens' Discussion: None. Item meeting Clmr. Lutz moved to adjourn. Mayor Neve' adjourned the ames R. Filip Clerk-Treasurer ~,-/ A -/~-€ Richard A. Neve' Mayor ------------------------------------------------------------------------------------ :':'l REGULAR MEETING-MAY 19, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for May 19, 1975, was called to order by Vice-Mayor Hulm at 7:31 P.M., in the High School Mutipurpose Room. Item 2- The Opening Ceremony was ommitted. Item 3- Roll was called and Getman and Vice-Mayor Hulm. Mayor Neve' arrived late. those present were Clmr. Dague, McCloud, Oldow, Clmr. Lutz and Jr. Mayor Branson were absent and Item 4- Minutes: Clmr. Dague, seconded by Clmr. Getman, moved to approve the Minutes, as presented, for May 5, 1975. Passed unanimously. Item 5- Report of the Borough Assemblymen: 1. Clmr. McCloud reported the Borough Assembly had enacted Resolution 75-29, opposing the Coastal Zone Management Bill and had approved a settlement with the architect regarding the Homer High School. Item 6- The City Manager 's Report: 1. The City Manager requested the addition of the following Items to tonight's agenda: Item 10-3, U.S. Environmental Pro- tection Agency/Construction Grant for Waste Treatment Works. Item 10-4, Re- solution No. 919, A RESOLUTION APPROVING SEALCOATING ON CITY STREETS. Item 10-5, Appointment of Dr. John L. Noyes to the Planning and Zoning Commission of the Kenai Peninsula Borough. Without objection the additions were added to the agenda. Item 7- Communications: 1. A letter dated May 6, 1975, from the Department of Environmental Conservation, reporting several comments with regard to the Seward Comprehensive Water System Plan of January 1975 and more specifically agreeing that the use of water meters to reduce water wasteage is useless. Signed Jonathan W. Scribner, Director, Division of Water Programs. 2. A letter dated May 13, 1975 from the U.S. Environmental Protection Agency, enclosing an EPA Findings of Violation and Order with regard to the proposed construction of an interceptor and new secondary Waste Water Treatment Plant and requesting action within thirty days. Signed Leonard A. Miller, Director, Enforcement Division. 3. A letter dated May 14, 1975 from Hughes, Thorsness, Lowe, Gantz and Powell regarding Financial Disclosure Requirements for municipal officers and transmitting a proposed Ordinance allowing for an election making the municipal officers exempt from the disclosure requirements. Signed Kenneth P. Jacobus. 4. A letter dated May 9, 1975 from Hughes, Thoresness, Lowe, Gantz and Powell regarding the proposed Alaska Sports Car Club Race and indicating the race will be illegal and in violation of the Alaska Statutes. Signed Irving Bertram. The City Manager reported he would hold the permit in It It THE CITY OF SEWARD RESOLUTION NO. 916 WHEREAS, Lowell Point Road is utilized by visi- tors to the community on a regular basis during the summer months, and WHEREAS, access to Lowell Point by road was made possible in connection with the Pioneer Access Road program supported by the State of Alaska, and WHEREAS, the road is a natural extension of the Seward Highway south of Seward, NOW, THEREFORE, BE;.. iT RESOLVED by the Common Council of the City of Seward, Alaska, that the State Department of Highways be requested to add Lowell Point Road to the State Highway Sys- tem and provide funds for improvement and main- tenance on a regular basis. PASSED AND APPROVED this 5th clay of Hay, 1975. Richard A. Neve' Mayor ATTEST: James R. Filip, City Clerk-Treasurer .~ .. TIlE CITY OF SEWARD RESOLUTION NO. 915 WHEREAS, the City of Seward is blessed with an abundance of natural beauty, and WHEREAS, this beauty is easily marred by the careless accumulation of trash and debris, and WHEREAS, visitors to the area can be shown our citizens share a common and deep concern for the appearance of our city, NOW, THEREFORE, BE IT. RESOLVED by the Common Council of the City of Seward, Alaska, that the week of May 19th is hereby deelared to be Clean- Up, Paint-Up and Fix-Up week in Seward; and BE IT FURTHER RESOLVED that all citizens are called upon to share in the effort of making and keeping Seward a clean place in which to live and a pleasing community to visit. PASSED AND APPROVED this 5th day of May, 1975. Richard A. Neve~ Mayor ATTEST: James R, FiUp. City Clerk-Treasurer I I I ~) 1 Page 91 REGULAR MEETING-MAY 19, 1975 VOLUME 16 abeyance until such time as the Commissioner of Public Safety could rule on the request. Item 8- Citizens' Discussion and Public Hearings: 1. A special presentation by the firm of Kramer, Chin and Mayo. Mr. Tony Gale speaking for the firm pre- sented an outline he indicated would be a "get prepared strategy" and indicated also he was talking in concePtual terms only. Mr. Frank Piatkowski indicated the City's Zoning Map needs to be revised, that there was a need for more summer moorage space, that a hundred percent population growth could be expect- ed in the next ten years and that Lowell 1'oint Road should be developed for recreation use which would circulate trafffic through the downtown area and promote the establishment of new businesses there. Myr. Neve' arrived at this time. Mr. Piatkowski also indicated that open space between stores could be developed, that adding trees to the street area would facilitate enhancing the beauty of the area and that housing was the most serious problem to most of the people he talked with and that there was a need to look at housing assistance programs. It was suggested that prohibition on mobile homes be continued for the central city, that the areas proposed to be annexed could be developed which would permit mobile home occupation and use. It was suggested the Fourth of July Creek Annexation be processed as expediently as possible. It was pointed out that "people" get things done and that it was necessary to determine the kind of life wanted in Seward. Mr. Earl Combs indicated the master plan would be essential, reiterated that revision of the Zoning Map was necessary, that a Subdivision Ordinance should be enacted and building code violations should not be permitted. He suggested a design review or a special review district be estab- lished which would permit review of projects before development. Mr. Combs thought that the airport could be converted to an industrial area and that a site North of Bear Lake would be appropriate for a new air facility. 2. Mr. Bruce Massey, General Manager of the Chugach Development Corp., presented his proposal to develop a thirty to forty unit motel adjacent to the Small Boat Harbor. Mr. Massey indicated he was willing to lease the property and the Corporation was willing to participate on a bid basis for acquistion of the lease hold interest. Council considered the request and indicated it would like time to review the matter with the consultants on hand. It was suggested that Mr. Massey return to Seward on June 9, 1975 to discuss the matter in more detail. 3. Mr. Don Gilman spoke regarding the proposed Little League facilities improvement to the area immediately North of the present ball diamond and asked for city assistance in the development work. The city Manager reported the equipment the City had could be operated by City volunteers during the weekends or after working hours and that if a limited project develoned it could be handled on a time available basis during regular working hours. The Manager also indicated that City equip- ment loaned to the project would have to be operated by City personel, or an insurance policy covering those not employed by the City would have to be ob- tained before equipment could be released for the work. Item 9- Council Discussion: 1. Clmr. Getman suggested that the Disclosure Exemption Election Ordinance be amended to indicate the one hundred dollar report- ing figure on the ballots so that the voters will know what was being asked of members of council. 2. Clmr. McCloud asked what streets would be sealcoated and the Manager reported it would be those streets with the heaviest amount of traffic or the heaviest amount of wear. 3. Clmr. Dague inquired about the status of television and the Manager reported that the translator and the associated parts had been ordered and were being assembled for installation on the mountain during June, weather permitting. 4. Myr. Neve' reported that the university was trying to organize a staging area for vessels during the Outer Continental study work and reported there was no possibility of these ships using the Railroad Dock at the present time. He indicated it was his desire to ask support from Senate Stevens for the emergency appropriation to do dock expansion work. Myr. Neve' reported he would be in Juneau on May 27, to part- icipate in this dicussion. 0") ,.1 ..,; Page 92 REGULAR MEETING-MAY 19, 1975 VOLUME 16 Motion passed unanimously. Item 10-3, Apnroval of the U.S. Environmental Protection Agency/Construction Grant for Waste Treatment Works. Clmr. Dague seconded by Clmr. McCloud moved to approve the EPA Grant offer. Passed unanimously. Item 10-4, Resolution No. 919, (see attached) A RESOLUTION AUTHORIZING THE PLACEMENT OF SEALCOATING ON CITY STREETS. Clmr. Dague second- ed by Clmr. McCloud moved approve Resolution No. 919. Passsed unanimously. Item 10-5, Appointment of Dr. John L. Noyes to the Borough Planning and Zoning Commission. Clmr. Dague seconded by Clmr. Oldow moved to approve the appointment. Passed unanimously. Item ll- Citizens' Discussion: 1. Mrs. Peggy Lutz reported that the fourth graders of the Seward Elementary School had proceeded along Third Avenue and had picked up several bags of litter. Mrs. Lutz also, reported that the Chamber Cache had a No Parking sign on Third Avenue and asked if it could be changed. The City Manager reported it was a State route and the State would have to authorize the removal of the sign and agreed to write a letter to Mr. Spake asking for such action. Mrs. Lutz also asked for permission to work on the City Park near the Ferry building and Council had no objection to this request. Item 12- Adjournment: Clmr. Dague moved to adjourn. Mayor Neve' adjourned the meeting at 11:51 P.M. &J.~1:;1J~ es R. Filip ty Clerk-Treasurer Mayor REGUALAR MEETING-JUNE 9, 1975 Item l- The Regular Meeting of the Common Council of the City of Seward, Alaska, for June 9, 1975, was called to order by Mayor Neve' at 7:33 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Getman. Item 3- Roll was called and those present were Myr. Neve', Clmr. Hulm, Dague, Oldow, Getman and Lutz. Clmr. McCloud arrived late. Item 4- Minutes: On Item 2, for the meeting of May 19, 1975, the sentence should read "The Opening Ceremony was omitted because no flag \Vas present." Clmr. Dague, seconded by Clmr. Lutz, moved to approve the Minutes as corrected. Passed unanimously. Item 5- Report of the Borough Assemblymen: I. Clmr. McCloud and Lutz re- ported the Borough Assembly had discussed lowering the Borough Sales Tax rate, had reduced the proposed Borough Budget from $1,463,000.00, to $1,265,100.00, included a capital projects budget of $846,000.00 and had approved the inclusion of the Resurrection River Road in the Borough Local Service Roads and Trails Program. Item 6- The City Manager's Report: 1. The City Manager reported that Mr. Bruce Massey would not be able to attend the meeting this evening, the tele- vision translators for the educational channel had been approved for Seward and Cooper Landing and that a special meeting was proposed for the 18th of June to discuss the contract with Chugach Electric Association and that on June 18th a work session would be held to review the draft coPy of the econ- omic plan to be prepared by the firm of Kramer, Chin and Mayo. Clmr. Oldow requested council to excuse her from attending on the 16th of June. There was no objection to her request. Item 7- Communications: I. A letter dated May 29, 1975, from the firm of Hughes, Thorsness, Lowe, Gantz and Powell reported that Chugach Electric Assoc. r Attached to and made a part4lt the minutes of the Seward Cit~ounci1 RESOLUTION NO. 917 Volume 16 ." 9~ I James R. F11ip, City Clerk-Treasurer CITY OF SEWARD, ALASKA A RESOLUTION PROVIDING FOR THE AMEND- MENT OF THE LEASE BETWEEN THE CITY OF SEWARD AND THE UNIVERSITY OF ALASKA RELATING TO TRACT ONE (1) CITY OF SEWARD WATERFRONT TRACTS, BY INCREASING THE TERM FROM THIRTY (30) TO FIFTY-FIVE (55) YEARS. WHEREAS, the Seward City Council finds that it is in the public interest to amend the lease between the City of Seward and the University of Alaska dated September 25, 1970, relating to Tract One (1), City of Seward Waterfront Tracts, to increase the term thereof from thirty (30) to fifty-five (55) years. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The City Manager is authorized and directed to execute the attached lease amendment, providing for an increase in the term of the original lease from thirty (3) to fifty-five (55) years, and also providing that the remainder of the lease will continue in full force and effect. Section 2. This resolution shall become effective thirty (30) days after adoption, passage, and posting, in accord with Sections 2-81 through 2-85 of the Seward City Code of Ordinances. OF PASSED AND APPROV~ BY THE CITY COUNCIL OF SEWARD, ALASKA, this 1;7_day of May, 1975. CITY OF SEWARD, ALASKA THE CITY r'\ By Itic:L~i !?- /V~~ Mayor AYES: Dague, ~cCloud, Oldow, Getman and Hulm. NOES: N I, :i E ABSENT: Lu tz ,\hsterrtUo',: Neve" ATllES'T'- " /74 . <;.,,:// rlil~".r /f .,:~ ,.' ~::r'I ..; ~: ."L,....._~/0 . "1.-~\P ,- , j.' ~') r 'l':' C 8J - _:..'; "lanager L ;',' rc' '1"~ ,~" ) "orm: IlTl,;:f'; "E' ~,;'" '''' LOWE, GANT~ ~ vL:.u, Attorneys for the L1ty of Seward l / ~ -- THE CITY OF SElolARD. ALASKA RESOLUTION NO. 918 BE IT RESOLVED. that the City Manager's Municipal Budget for the 1975-1976 Fiscal Year. including the letter of presentation which is a part thereof. and containing estimated revenues and expendituTes as follows. BE ADOPTED. and that the money needed ther~fore is hereby appropriated; and BE IT FURTHER RESOLVED. that the total assessed valuation assessed by the Borough Assessor. and any supplemental assessment rolls for said period which may be cer- tified by the Borough Assessor at a future date, shall be the basis for computing estimated revenues of the City of Seward. Certified Tax Assessment as of June 7, 1974, and revised January 24, 1974: Value of Boats in Seward $12,160,160 $ 3,840,050 $, 1.525.780 $12.160,160 Real Property Personal $ 3,840,050 City Assessed Boat Tax Revenue $ 1,500 $16,000,210 REVENUES Total General Fund: Total Light and Power Department Total Water Department Total Estimated ~evenue $ 843,852 764,000 124,096 $1.731,948 :"".'., 'I, "i f ~ EXPENDITURES ee..titi'Ytlfld ~ Mttycst and Council General Office Supplies City Engineer City ManageT's Office City Clerk-Treasurer Finance Department Police Department Fire Department Street. Department City Shop Boat Harbor Health, Education and Welfare General Services Municipal Building Debt Service Contingency $ 40,050 ~.465 34,184 62,115 33.480 70,202 163,010 37,847 119.215 36,436 86,094 18,400 62,073 36,094 35,187 ..0- $ 843,852 ~ .. e e Light & Power Department: Operating Expenditures Debt Service Reserve $ 580,770 78,043 105,187 $ 764,000 Total Budgeted Expenditures: $ 67,573 27,700 28,823 $ 124,096 $1,731,948 Water Department Operating Expenditures Debt Service AND BE IT FURTHER RESOLVED, that the rate of levy on the 1975 real and personal property tax rolls shall be and is hereby levied at the rate of twenty (20) mills per dollar of assessed valuation, except that the rate of levy 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. Alaska, this day of May. 1975. Richard A. Neve' Hayor ATTEST: James R. Filip, City Clerk-Treasurer City Council-Volume 16 ',"L Page 9,,2 \ 1./ ~/' \ ~, , , '\. . ,'I.JS . ,: James R. Filip, l City Clerk-Treasurer Attached to and made a part of the minutes of the Se\Vard THE CITY OF SEi>1ARD RESOLUTION NO. 919 I WHEREAS, Chapter 84, Session Laws of Alaska, 1911, provided for funds to municipalities doing work on Local Service Roads and Trails projects, and WHEREAS, the City of Seward now desires to make use of the funds now available under the legis- lation previously enacted: NOW, THEREFORE, BE IT RESOLVED by the Conmon Council of the City of Seward. Alaska, that Local Service Roads end Trails project funds be re- quested from the State of Alaska to provide a chip seal surface of existing asphalt roadways within the municipality, and BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to sign documents prepared in connection with this project. This Resolution takes effect immediately upon passage and approval. PASSED AND APPROVED by_ the Common Council of the City of Seward, Alaska, this 19th day of May, 1975. ---- I ~,:;J,J 4. ~' R chard A. Neve' Mayor . I I I) .) , ,) Page 93 REGUALAR MEETING-JUNE 9, 1975 VOLUME 16 Inc., had refused to cross-copy him with correspondence to the REA, regarding the proposed contract between CEA and the City of Seward. Signed Irving Bertram. 2. A letter dated May 27, 1975 from the Alaska Public Offices Commission, en- closing copies of various items referring to the State Conflict of Interest Law. Signed Jeff Hiatt, Executive Director. 3. A letter dated May 23, 1975 from Clary Insurance Agency suggesting the 2500 KW generator be insured for mechan- ical breakdown at an annual premium of $1921.00. Signed Frederick D. Lammers. The City Manager recommended accepting the offer. Council discussion followed and there was no objection to adding the generator plant to the insurance schedule. 4. A letter dated May 30, 1975 from Seward General Hospital request- ing transfer of the Plymouth Station Wagon formerly used by the Seward Police Dept. to the hospital. Signed C. Keith Campbell, Administrator. There was no objection to this request. 5. A letter dated June 9, 1975 from the Seward Little League Assoc. requesting approximately $3,000.00 to assist in the in- stallation cost of a chain link fence at the new ball diamond. Signed Donald Gilman. The City Manager recommended that the request be disallowed on the basis of lack of funds for the present fiscal year and noted the budget had just been approved at the prior meeting and had not included allowance for this purpose. Council discussion followed and it was generally agreed the work should proceed. The Manager restated his opposition to the request and based his opinion on the series of unknowns that would be facing the community in the coming year. Councilmember Lutz seconded by Clmr. McCloud moved author- ize up to $3,000.00 to complete the chain link fence project. Passed unanimously. 6. Council Memorandum dated June 3, 1975 from the Manager to Mayor and Council J regarding Harbor Area Parking Permits. It was noted in the memorandum that a $10.00 permit fee was suggested to permit camper/trailer parking in the Marina Subdivision. There was no objection to proceeding on this recommendation. Item 8- Citizens' Discussion and Public Hearings: 1. Mr. John Smith requested information on the status of his Hotel Plan and the Mana'ger reported that the order for survey had been placed with the firm of Lounsbury and Assoc. but that a preliminary plat had not been received. It was discussed and agreed that a preliminary request for proposals be advertised as quickly as possible in a effort to permit some work to be accomplished during the present construction season. 2. Mrs. Beverly Dunham noted that the original contract with Chugach Electric Assoc. had forced high electric rates on the community for an extended period of time and that she for one looked forward to involving the municipality in litigation with Chugach Electric Assoc. via the Public Utility Commission. Item 9- Council Discussion: 1. Clmr. Oldow suggested that Mr. Thomas from the Borough be invited to attend the meeting on June 18th and inquired about the status of the Alaska Flag Memorial Project. The City Manager reported that due to press of business in the office the Flag Project had been delayed. 2. Clmr. Lutz wished to publicly thank Christine Werner and her Cub Scouts troop on be- half of the community for their effort in picking up debris in town, Lutz noted this was a commendable effort and worth1y of recognition. 3. Clmr. Dague wished to thank Mr. Herman Leirer for the work he was doing in the community in regard to cleanup. It was also noted that several vehicles were on the Jesse Lee Home property in a junked condition and the items should be investigated. 4. Clmr. Getman suggested Council consider enacting a dock tariff for all freight moving across city facilities. He suggested a rate of $1.80 per ton be imposed. The City Manager reported the Harbor Commission would discuss the tariff proposal on June 25, and that it would not be possible to introduce an Ordinance until late July. Clmr. Getman also noted that the license for the ferry had expired and suggested it be negotiated as quickly as possible. Myr. Neve' reported the item had been noted and that it was desired to wait until an entire harbor assessment could be completed before action could be initiated. 5. Clmr. Hulm reported he was disturbed about the illegal camper parking east of the Breeze In and thought that more enforcement should be encouraged. 6. Clmr. McCloud reported he had heard that boat harbor billings were a year behind and the City Manager reported that it was more like some collections were a year behind rather than the billing. Clmr. McCloud also inquired about the status of the overhaul of the generators and the Manager reported that it was pro- bably over due that the 1500 Klv units be inspected. 7. Myr. Neve' suggested !-)4 Page 94 REGUALAR MEETING-JUNE 9, 1975 VOLUME 16 cleaning up of the downtown area should take place on a more frequent basis and that there was need for removal of glass and debris in the gutters. Item 10- Resolutions, Ordinances and other Action items: I. Ordinance No. 404, (see attached) AN ORDINANCE CREATING SECTION 5-97, OF THE SEWARD CODE AND ESTAB- LISHING SERVICE FEES FOR THE SEWARD MUNICIPAL SMALL BOAT HARBOR. The City Manager read Ordinance 404, Clmr. Dague seconded by Clmr. McCloud moved to approve Ordinance No. 404, on the first reading and to advance it to second reading. Passed unanimously. 2. Ordinance No. 405, (see attached) AN ORD- INANCE CREATING SECTION 5-98, OF THE SEWARD CODE AND ESTABLISHING FEES FOR THE USE OF THE SMALL BOAT HARBOR GRID. First reading. The City Manager read Ordinance 405, in full. Clmr. Lutz seconded by C1mr. 01dow moved to approve Ordinance No. 405, on the first reading and to advance it to second reading. Passed unanimously. 3. Ordinance No. 406, (see attached) AN ORD- INANCE PROVIDING MINIMUM STANDARDS FOR CONSTRUCTION OF WATER AND SEWER LINES WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY. First reading. The City Manager read Ordinance 406, in full. Clmr. Lutz seconded by C1mr. Dague moved to approve Ordinance No. 406, on first reading and to advance it to second reading. Mr. Don Ennis noted that the Council had neglected to permit cit- izens discussion on Ordinance No. 406, and suggested that it was not workable in mandating depth of burial for sewer lines over a certain depth. Mr. Ennis reported that it was an impossible request and that some areas would not be permitted to be built upon if this Ordinance would be passed as proposed. Mr. Syd Clark, Project Engineer generally agreed with the statement made by Mr. Ennis and suggested the offending section be amended as follows: In paragraph A, at the end of the paragraph after the word "feet," "and with the exception that sewer connections requiring less than six (6) feet burial for connection to existing sewer mains and laterals shall have adequate insulation to assure protection." In paragraph B, after the word "water" insert the word "main and sewer." In paragraph C, line 4, remove the words "and sewer." 4. Ord- inance No. 407, (see attached) AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF SEWARD, ALASKA, THE QUESTION OF liHETHER THE MUNICIPAL OFFICERS SHALL BE EXEMPT FROM MAKING THE FINANCIAL DISCLOSURERS REQUIRED BY A.S. 29.50. First reading. The City Manager read Ordinance No. 407, in full. C1mr. Dague seconded by Clmr. McCloud moved to approve Ord- inance No. 407, on first reading and to advance it to second reading. Passed unanimously. 5. Approval of Amendment No.2, to the Seward Pension Plan. Clmr. Lutz seconded by Clmr. McCloud moved to approve Amendment No.2. Passed unanimously. Item 11- Citizens' Discussion: 1. Mrs. Beverly Dunham noted that the City's financial posture was in poor shape and suggested that a contest for cleanup be initiated in the community with the benefit of perhaps, providing additional funds to support recreational activities in the community. 2. Mr. James Pruitt suggest- ed that Council be extremely careful when looking at the proposed tariff. Pruitt noted that the local fishing fleet was just being built up and that if the Council desired to impose a severe tax it might destroy the industry. 3. Mr. Dan Dieckgraeff suggested that boats using the harbor be supplied with stickers or decals which would identify the boat as being a Seward boat and which would have a slip number written in to provide an easy means to check on boats being in their proper stalls. Dis- cussion followed and the City Manager reported that stickers had been provided to the Small Boat Harbor for this purpose but that they were not properly designed for installation on the inside of the window and never were fully utilized. The Manager reported that it was often beneficial to talk about these types of items but that the amount of time involved in actually establishing the procedure and securing the necessary ticket stock took an inordinate amount of time that was not available at the present. Myr. Neve' responded by indicating that the time had come to search for a City Clerk to relieve the burdens of the office and to make it possible to attend to these details on a more responsive basis. Item 12- Adjournment: Clmr. Lutz moved to adjourn. Mayor Neve' adjourned the meeting at 11:22 P.M. ~JA/v&~ Richard A. Neve' Mayor ATTACHED TO MiD ~E A PART OF THE ~1NTI~ES OF THE SEWARD CITY COUNCIL-VOLUME 16 Page 94 THE CITY OF SEWARD. ALASKA ORDINANCE NO. 404 James R. Filil}, Citv Clerk-Treasurer AN ORDINANCE CREATING SECTION 5-97 OF THE SEWARD CODE AND ESTABLISHING SERVICE FEES FOR THE SEWARD MUNICIPAL SMALL BOAT HARBOR. THE CITY OF SEWARD, ALASKA, ORDAINS: I SECTION 1. That Section 5-97, Service Fees, is hereby created to read as follows: Section 5-97, Service Fees. A. Moorage: I FLOAT LENGTH MONTHLY 3 MONTHS 6 MONTHS 12 MONTHS A 23' $13.00 $36.00 $ 58.00 $101.00 B 32' 16.00 45.00 77 .00 135.00 C 32' 16.00 45.00 77 .00 135.00 D 42' 18.00 53.00 100.00 176.00 E 50' 22.00 65.00 117 .00 207.00 F 75' 27.00 80.00 146.00 259.00 G 17' 9.00 27.00 40.00 68.00 H 40' 17.00 46.00 86.00 168.00 J 50' 20.00 56.00 106.00 207.00 S 17' 9.00 27.00 40.00 68.00 B. Services by Harbor Personnel: 1- Resecuring Vessels $ 5.00 2. Pumping Vessels 10.00 3. Replacing lines 15.00 4. Other services, plus Actual costs of materials and/or equipement. $10.00 per hour C. Transient Moorage Alongside Floats: 1. Vessels thirty-two (32') feet and under, 2nd and subsequent days $ 1.00 per day 2. Vessels thirty-two (32') feet to sixty-four (64') feet, 2nd and subsequent days $ 2.00 per day 3. Vessels sixty-four (64') feet to eighty-five (85') feet, 2nd and subsequent days $ 3.00 per day D. Electrical Access Service Fee: I. Vessels mooring at slips having access to electrical power shall be charged a servie fee of $3.00 per month regardless if electrical power is not used. i ! -J E. Meter Deposits: Meter depostis are required for any patron who desires to connect to the electrical power system. Section 2. Effective Date of this Ordinance is July 1, 1975. I PASSED AND APPROVED by the Common Council of the City of Seward, Alaska, this day of , 1975. Richard A. Neve' Mayor Firs tReading: Second Reading: Adoption: Ayes: Noes: Absent: ATTEST: I James R. Filip, City Clerk-Treasurer APPROVED AS TO FORM: Hughes, Thorsness, Lowe, Gantz and Powell Attorney for the City of Seward, Alaska Kenneth P. Jacobus I I I ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL-VOLUME 16 Page 94 THE CITY OF SEWARD, ALASKA ORDINANCE NO. 406 James R. Filip, City Clerk-Treasurer AN ORDINANCE PROVIDING MINIMUM STANDARDS FOR CONSTRUCTION OF WATER AND SEWER LINES, AND AMENDING CHAPTER 22 OF THE CITY OF SEWARD CODE OF ORDINANCES. THE CITY OF SEWARD, ALASKA, ORDAINS: Section 1. is hereby amended to for water connection least once a year." same. Section 22-2 of the Seward Code of Ordinances delete the last sentence which reads "Charges shall be reviewed by the utility board at The remainder of Section 22-2 remains the Section 2. Section 22-9 of the Seward Code of Ordinances is hereby created to read as follows: Sec. 22-9 Meters Required. Water meters shall be provided for all commercial and industrial buildings and uses, and for all state and federal govern- ment buildings and uses. Water meters shall also be provided for residential buildings containing five (5) or more units. Single family residence, duplexes, triplexes, and fourplexes need not be metered. Section 3. Section 22-10 of the Seward Code of Ordinances is hereby created to read as follows: Sec. 22-10 Certain Minimum Standards. (a) All new building construction shall have water and sewer service lines that are buried a minimum of nine (9) feet be- low the surface of the ground, measured from the surface of the ground to the bottom of the pipe. If other conditions prohibit this burial, then the line must be encased in insulation of a type and thickness which must be approved by the city engineer. The city engineer may allow the depth of burial with proper insulation to be less than nine (9) feet, but under no circumstances may the depth of burial be allowed to be less than six (6) feet. (b) All new water lines shall be buried a minimum of nine (9) feet below the surface of the ground, measured from the surface of the ground to the bottom of the pipe. If other conditions prohibit this burial, then the line must be encased in insulation of a type and thickness which must be approved by the city engineer. The city engineer may allow the depth of burial with proper in- sulation to be less than nine (9) feet, but under no circumstances may this depth of burial be allowed to be less than six (6) feet. (c) All major building remodeling, renovation, upgrading, or improvement that constitutes more than twenty-five percent (25%) of the borough assessed value of the structure must include water and sewer line reconstruction with the new line burial a minimum of nine (9) feet below the surface of the ground, measured from the surface of the ground to the bottom of the pipe. If other conditions prohibit this burial, then the line must be encased in insulation of a type and thickness which must be approved by the city engineer. The city engineer may allow the depth of burial with proper insula- tion to be less than nine (9) feet, but under no circumstances may this depth of burial be allowed to be less than six (6) feet. (d) No new connections of floor or roof drains to sanitary sewer lines shall be permitted, nor shall any interconnections between storm and sanitary sewer lines be permitted. I (e) Plans for all new water and sewer lines and connections must be approved by the city engineer, and the completed lines must be inspected by the city prior to burial. Section 4. This ordinance takes effect immediately upon passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS day of June, 1975. CITY OF SEWARD, ALASKA By~d';V~^ Mayor FIRST READING: SECOND READING: ADOPTION: AYES: NOES: ABSENT: I ATTEST: City Clerk Approved as to Form: HUGHES, THORSNESS, LOWE, GANTZ & POWELL Attorneys for the City of Seward n } By '1(\;lvJj~"J~~;\l\,(,):;~<<A,<1) Kenneth P. Ja~us , I , J I '!,.. .,,'",' " ~ j - ~ ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL-VOLUME 16 Page 95 THE CITY OF SEWARD RlSOLtn'ION NO. 920 James R. Filip, City Clerk-Treasurer , c WHEREAS, the City of Seward proposes to improve ita sewer..e .ystem, and WHEREAS, the State of Ala.ka Department of Bmr1.ron- ..ntal Con.ervation has offered a grant of State funda not to exceed $11,875.00 to be applied to financing these improvtllD8nt., NOW, THEREFORE. BE IT RESOLVED by tha Coaaon Council of the City of Seward. Alaaka, that thi. offer i. llareby accepted. Th1a Resolution 11 effective on the day of pa.aase and approval. PASSED AND APPROVED by the eo......on Council of the City of Seward. Alaska, thi. 16th day of June. 1975. .f RIchard A. Nev.' Mayor ATTEST: James R. F1l1p. City Clerk-Treasurer I I I () ,.., . .) Page .95 SPECIAL MEETING-JUNE 16, 1975 VOLUME 16 Item 1- The Special Meeting of the Common Council of the City of Seward, Alaska, for June 16, 1975, was called to order by Mayor Neve' at 7:30 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Hulm. Item 3- Roll Call: Roll was called and those present were Myr. Neve', Clmr's Getman, Hulm, Dague and Lutz. Clmr.'s Oldow and McCloud were excused absent. Item 4- Council Discussion: The proposed contract for wholesale power be- tween the City of Seward and Chugach Electric Association Inc., was discussed by Council. Myr. Neve' pointed out that there was not much change in the revised form of the document and thought we should get the best help we could in the matter. Neve' continued it was something of value to Seward and he for one desired to go down fighting. Discussion continued and it was suggested to obtain advice from the attorney and to proceed on the basis of a proposed case before the Alaska Public Utilities Commission. Clmr. Lutz seconded by Clmr. Hulm moved to show Council intent to proceed to the Alaska Public Utilities Commission for the necessary documents associated with the power contract negoiations between the City of Seward and Chugach Electric Association Inc. Passed unanimously. Item 5- Resolutions, Ordinances and other Action items: 1. Ordinance No. 404 (see page 94), AN ORDINANCE CREATING SECTION 5-97 OF THE SEWARD CODE AND ESTABLISHING SERVICE FEES FOR THE SEWARD MUNICIPAL SMALL BOAT HARBOR. Second reading. The City Manager read Ordinance No. 404. Clmr. Getman seconded by Clmr. Hulm moved to amend Section B, Services by Harbor personnel by deleting Items 1, 2, 3, and 4, and reinserting Item 1, to read as follows: "Services plus actual cost of materials and/or equipment times two." Motion passed unanimously. Clmr. Hulm seconded by Clmr. Lutz moved to approve Ordinance No. 404, as amended and to advance it to final reading. Passed unanimously. 2. Ordinance No. 405 (see page 94), AN ORDINANCE CREATING SECTION 5-98, OF THE SEWARD CODE AND ESTABLISHING FEES FOR THE USE OF THE SMALL BOAT HARBOR GRID. Second reading. The City Manager read Ordinance No. 405, in full. Council discussion followed and it was suggested that the Ordinance be returned to the Harbor Commission with the idea that the rates for grid fees be based on tonage of the vessels involved. Clmr. Getman seconded by Clmr. Lutz moved to amend the changes to read as follows: "A, change $5.00 to $15.00, and B, change $15.00 to $30.00." The amendment passed un- animously. Clmr. Lutz seconded by Clmr. Getman moved to approve Ordinance No. 405, as amended and to advance it to final reading on July 14, 1975, following review of the Harbor Commission. Passed unanimously. 3. Ordinance NO. 406 A, (see attached) AN ORDINANCE PROVIDING MINIMUM STANDARDS FOR CONSTRUCTION OF WATER AND SEWER LINES WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY. Second reading. The City Manager read Ordinance No. 406 A, in full. Clmr. Lutz seconded by Clmr. Dague moved to approve Ordinance No. 406 A, and to advance it to final reading and approval. Passed unanimously. 4. Ordinance No. 407, (see page 94) AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF SEWARD, ALASKA, THE QUESTION OF WHETHER THE MUNICIPAL OFFICERS SHALL BE EXEMPT FROM MAKING THE FINANCIAL DISCLOSURERS REQUIRED BY A.S. 29.50. Second reading. The City Manager read Ordinance No. 407, in full. Clmr. Hulm seconded by Clmr. Getman moved to approve Ordinance No. 407, and to advance it to final reading and approval. Passed unanimously. 5. Resolutions No. 920, (see attached) A RESOLUTION ACCEPTING A STATE GRANT NOT TO EXCEED $11,875.00, FOR SEWAGE SYSTEM IMPROVEMENTS. Clmr. Dague seconded by Clmr. Hulm moved to approve Resolution No. 920. Passed unanimously. Item 6- Responding to a question by Council, the City Manager reported that Northern Stevedoring & Handling Corp., had requested information on establishing a tank farm on Tract 3 or 4, in the vicinity of their warehouse adjacent to the Fourth Avenue Dock. The City Manager explained that the proposed tank farm would be used for diesel fuel to support off-shore oil exploration by Atlantic Richfield Co. Council discussion followed and it was the general consenus of Council that such a facility should be discouraged on the basis of a potential fire hazard that it represented. ~)() SPECIAL MEETING-JUNE 16, 1975 Page 96 VOLUME 16 Item 7- Adjournment: Clmr. Hulm moved to adjourn. Myr. Neve' adjourned the meeting at 10:00 P.M. ~JA~;V~ Richard A. Neve' Mayor REGULAR MEETING-JUNE 23, 1975 Item 1- Alaska, P.M. in The Regular Meeting of the Common Council of the City of Seward, for June 23, 1975, was called to order by Mayor Neve' at 7:37 the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Hulm. Item 3- C lmr. 's absent. Roll Call: Roll was called and those present were Myr. Neve', Getman, McCloud, Hulm, Dague and Lutz. Clmr. Oldow was excused Item 4- Minutes: A correction was noted in the Minutes for June 9, 1975, Item 10-3, on page 94, the vote should be reflected as "passed unanimously." Clmr. Lutz seconded by Clmr. McCloud moved to approve the minutes as corrected for June 9, 1975. Passed unanimously. Item 5- Report of the Borough Assemblymen: 1. Clmr. Lutz reported the Kenai Peninsula Borough Assembly had introduced an Ordinance that would exempt Borough Assembly members from the Financial Disclosure Act and the campaign contribution requirements and that this would be voted on in October. Lutz also reported that the Capital Improvement budget had been restored and now had amounted to approximately $1,300,000.00. In concluding his report Clmr. Lutz indicated the Borough had agreed to settle an architectural suit in the amount of $92,000.00. Item 6- Presentation of Retirement Certificates to Robert R. Fyles and Murl P. Trevethan. Mayor Neve' on behalf of the City Council of the City of Seward calledrMr. Fyles and Mr. Trevethan to the front of the chambers and presented each with a retirement certificate for faithful and loyal service to the community. Mayor Neve' then recognized Mr. D. Bailey Calvin of Occidental Life Insurance Co. who spoke regarding the overall benefit plan and indicated he was pleased to be able to participate in the Retirement Ceremony. Item 7- Communications and City Manager's Report: 1. A letter dated June 16, 1975 from the Alcoholic Beverage Control Board submitting an application for a new retail liquor license for the Gateway Liquor Store by J. H. & Esther Werner. Signed A. A. Lee Young, Records & Licensing Supervisor. Council requested the admininstration to make an inquiry of Mrs. Young regarding the minimum requirements for the issuance of a new liquor license in Seward. 2. The City Manager requested authority to proceed with the purchase of a pair of civil defense sirens to cover the Clearview and Forest Acres area at a total cost or $4800.00, half of which to be paid by the municipality. Council had no objection to this request. 3. A letter dated June 13, 1975 from A.I.M. Insurance Inc. trans- mitting a policy endoresement increasing the limits to $300,000.00 for Last Frontiier Inc. Signed Charles A. Adams, President. 4. A letter dated June 11, 1975 requesting comments from the municipality regarding revenue sharing and to suggest changes if any in the statutes covering the program. Signed Mike Miller, Chairman of the Interim Committee on Municipal Shared Revenue. I I I <)r- , , Page 97 REGULAR MEETING-JUNE 23, 1975 VOLUME 16 5. A letter dated June 20, 1975 from Norton Corrosion Limited, Inc. suggest- ing that the Cathodic Protection at the Seward Wharf should be inspected in order to note any malfuncition or deficiency. Signed Roy L. Cosper, Chief Engineer. Council had no objection to proceeding with this work. 6. A letter dated June 20, 1975 from the Board of Global Mininstries of the United Methodist Church, indicating the property committee of the Women's Division would con- sider our request for land in the Forest Acres area. Signed Paul J. Bankes Jr., Counsel. 7. A letter dated June 2, 1975 from the International Brotherhood of Electrical Workers, requesting union negotiating demands for 1975. Signed Al Larson, Business Representative. 8. A letter dated June 13, 1975 from the Kenai Peninsula Borough, indicating that certified assessed value for the City for personal property was $3,886,590.00; for real property, $11,668,120.00. Signed Donald Thomas, Borough Assessor. 9. A letter dated June 17, 1975 transmitting the executed contract and special warranty deed for Lots 7 and 8, Block 3, Oeeanview Subdivision, in favor of Delbert A. Hill. Signed W. H. Foster, Director, Urban Renewal Programs. The City Manager requested Council to approve the change and design of the Alaska Flag Memorial Project to use recessed conerete for the design instead of mosaic tiles, he also indicated that there had been some discussion on changing the location of the site of the memorial but that no final action had been taken. Council considered the request and sug- gested that the Bicentennial Commission be consulted and their feeling of the matter would be final. The City Manager also reported that if weather permitted work on the installation of the new TV translator would be conducted during the week of June 30th. The City Manager then introduced Mr. Richard O. Gantz, of the firm of Hughes, Thorsness, Lowe, the status of negotiations between the City and Chugach Electric Association status of negoiations between the City and Chugach Electric Association Inc., for the wholesale power contract. Mr. Gantz noted that there were several problems being experienced within the community at the present time and noted there were some alternatives to be considered. He based his remarks by indicating he was an attorney and not an engineer and that he had reviewed the contract on that basis. Mr. Gantz reported that the present contract between the City and Chugach Electric Assoc. Inc., had expired in August of 1972 and that the City and CEA have continued on an interim basis without a contract. Attempts to renew had been made but neither party could proceed to finalize the document. Mr. Gantz indicated power costs will rise in the future and the generation expense will in- crease. In order to meet the minimum requirements of service in this area additional capacity from Chugach Electric Assoc. Inc., would be required. Changes included new transformation at Daves Creek and at the Mile 7 Substation. Mr. Gantz indicated that he had been told that the amortizations of these improvements would cost approximately $250,000.00 extended over a ten year period. In this manner CEA is in a better bargaining position, reported Mr. Gantz, and that there were some problems in trying to resolve the contract at this time. One problem was the line loss we would be shar- ing with Chugach Electric between Daves Creek and Mile 25. The estimated increase and cost to the municipality would be approximately $10,000.00 per year and Mr. Gantz felt this was not unfair in the sense the service was being provided to the citizens of Seward and as a practical matter the cost of those line losses would be borne by them. The possibilities that are open to the City at the present time, noted Gantz, are getting out of the business entirely by selling to CEA or to another party and this would require a three- fifths majority vote of the citizens to pass, it would also require payment of the bonded debt which now amounts to approximately $800,000.00 and it would be necessary to find someone who would pay what the system is worth. The second opportunity would be to sign and live with the agreement but, noted Gantz, there is a problem in the sense there is no exact knowledge of the power cost. The contract refers to Matanuska Electric Association and Homer Electric Assoc. contracts for bulk power. The difference is these Associations may have firm power which is not being provided to the City of Seward at the present time. The third alternative would be to proceed to the Alaska Public Utilities Commission to schedule a rate case to determine that the proposed contract is fair and equitable to H(~ Page 98 REGULAR MEETING-JUNE 23, 1975 VOLUME 16 Seward. While this is in the jurisdiction of the Commission we need to guess what the Commssion might do, noted Gantz. Chugach Electric Assoc. would have to continue to serve the community with power and the Commission would set the rate but it would be subject to proof. Mr. Gantz reported that he could not assure Council that the Commission would go further and require CEA to install added facilities and more power. Since timing is the problem and so is expense, it would appear that this alternative was not particularly effective at this time. The last alternative would be to continue generation on your own, reported Gantz, and this re- presents really no way at all. The best procedure at the present time is to look at the contract on the basis of a long term approach, you can be assured power from CEA, subject to natural events, for approximately a seven year period. The City however, can cancel the contract with 180 days notice, the only penalty provision would be to pay the unamortized portion of the value of the additional facilities less net salvage. You can look for a better accommodation and perhaps, at a later date file a complaint with the Commission, but Gantz noted that signing the contract and than filing a complaint with the Comm- ission would be difficult to follow through on. Mr. Gantz noted the Comm- ission looks at utility funds which are used as supports for the general fund with a narrow point of view. There is a risk involved in having the Commission look at this particular procedure. The Commission could leg- itimately ask how the City could determine whether the rate is correct or incorrect based on the fact that a portion of the utility funds are used in the general fund. Myr. Neve' questioned the possibility that the use of utility funds in the general fund might be illegal. Gantz replied it was not illegal but could be improper, especially when ruled on by the Commission when a city acts in a rate increase. Discussion continued regarding the problem at hand and Council requested a brief executive session to discuss the matter privately. Recess to executive session was called. Myr. Neve' reconvened the meeting following the executive session and no action on this item was taken. Item 8- Citizens Discussion and Public Hearings: 1. Mr. Bruce Massey, General Manager for the Chugach Development Corp. was not present. 2. Mr. Ken Boggs, A.I.M. Inc., is not involved in the Jesse Lee Home Project as such. Mr. Boggs reported that Last Frontier Inc., was the corporation and that several members in Last Frontier coincidentally worked for A.I.M. Mr. Boggs reported the contractor is continuing to tear out the inside of the building to determine what needs to be done to renovate it into a first class hotel. Mr. Boggs reported that new plans are not completed but an arch- itectural firm ahd been hired to do the necessary design work. Myr. Neve' requested Mr. Boggs provide a list of principals to the City Manager of Last Frontier Inc. Mr. Boggs agreed to do this. In concluding his report to Council, Mr. Boggs indicated the project was hopefully going to proceed and would be in operation next year. He also, noted that the trailer court is still a pro- posal and hopes to get it into operation shortly. Item 9- Council Discussion: 1. Clmr. Getman suggested a City Business License Tax and the development of a Civic Center for young people. 2. Clmr. Hulm reported he would prepare a Resolution if Council had no objection to go on record supporting oil exploration in the Gulf of Alaska, Council had no objection but suggested social impact be included in the Resol- ution. Clmr. Hulm also, noted that A. S. 29.23.260 permitted the Mayor to vote only in case of tie and that 29.23.270, allowed the Mayor to veto any Ordinance but that the veto could be overridden by two-thirds vote of Council. The City Manager reported that these sections probably applied to first class cities only and did not apply in the case of Seward, a home rule municipality. The City Manager reported he would investigate the matter with the City attorney. 3. Clmr. Dague reported that the Hotel/Motel Tax Proposal needs to be presented as an Ordinance item. Dague also noted that boat trailers in the harbor area needed to be checked for ownership since some were being moved to private parcels. 5. Council discussed the possib- ility of providing $500.00 to pay part of the transportation expense for I I I D!) Page 99 REGULAR MEETING-JUNE 23, 1975 VOLUME 16 Seward students going to Japan for the exchange program. Individuals in the audience included Mrs. Beverly Dunham, Oscar Watsjold, Mrs. Marlene Neve', Mrs. Donna Kowalski who all agreed it should be spent on all the kids of Seward and not just two. Mrs. Pat Williams expressed the sentiment it was not up to the taxpayers to support this effort, that it was a Chamber function and not a city problem. Clmr. Dague indicated his agreement in general to what could be offered, should be offered to all. Mayor Neve' indicated he would discuss with the Chamber of Commerce the possiblility of sharing the expense in the future. Item 10- Resolutions, Ordinances and other Action items: 1. Ordinance No. 404 A (see attached), AN ORDINANCE CREATING SECTION 5~9Y OF THE SEWARD CODE AND ESTABLISHING SERVICE FEES FOR THE SEWARD MUNICIPAL SMALL BOAT HARBOR. Third reading and approval. The City Manager read Ordinance No. 404 A, in full. Clmr. McCloud seconded by Clmr. Hulm moved to approve Ordinance No. 404 A. Passed unanimously. 2. Ordinance No. 406 A (see page 94), PROVIDING MINIMUM STANDARDS FOR CONSTRUCTION OF WATER AND SEWER LINES WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY. Clmr. Lutz second- ed by Clmr. McCloud moved to read Ordinance No. 406 A, by title only. Myr. Neve' read Ordinance No. 406 A, by title only. Clmr. Lutz seconded by Clmr. McCloud moved to approve Ordinance No 406 A. Passed unanimously. 3. Ordinance No. 407 (see page 94), AN ORDINANCE PROVIDING FOR THE SUB- MISSION TO THE QUALIFIED VOTERS OF THE CITY OF SEWARD, ALASKA, THE QUESTION OF lVRETHER THE MUNICIPAL OFFICERS SHALL BE EXEMPT FROM MAKING THE FINANCIAL DISCLOSURERS BY A.S. 29.50. Third reading and approval. Clmr. Dague seconded by Clmr. Lutz moved to read Ordinance No. 407, by title only. Passed unanimously. Myr. Neve' read Ordinance No. 407, by title. Clmr. Dague seconded by Clmr. Lutz moved to approve Ordinance No. 407. Passed unanimously. 4. Plat approval, Marina Subdivision, Lots 7 & 8. The City Manager submitted the plat for Marina Subdivision Lots 7 and 8, and noted that a utility easement was required as well as some consideration of the encroachment of the Clemens building on proposed Lot 8. Discussion followed and Clmr. Dague seconded by Clmr. Lutz moved to approve the Marina Plat for Lots 7 and 8, as amended to include a twenty-five foot utility easement and to address the Clemens problem in the best way possible. Passed unanimously. 5. A Proclamation was presented, HONORING FORTY- EIGHT MEMBERS OF THE RUSSIAN COLONY OF OLD BELIEVERS OF THE VILLAGE OF NIKLOVAESK WHO WILL ON JUNE 19, 1975, RECEIVE THEIR AMERICAN CITIZENSHIP. Item 11- Citizens Discussion: 1. Mrs. Marlene Neve' presented the Hotel/ Motel tax provisions of the City of Anchorage. Item 12- Adjournment: Clmr. McCloud moved to adjourn. Mayor Neve' adjourned the meeting at 12:02 P.M. UJ~.f/~r Richard A. Neve' Mayor 1 (H) THE END OF VOLUME 16 I I I 1 Page 1 VOLUME 17 REGULAR MEETING-JULY 14, 1975 Item 1- The Regular Meeting of the Common Council of the of Seward, Alaska for July 14, 1975, was called to order by Mayor Neve' at 7:35 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Lutz. Item 3- Roll Call: Roll was called and those present were Myr. Neve', Clmr's Lutz, Getman and Oldow. Clmr. 's Hulm and Dague were excused absent and Clmr. McCloud was absent. Item 4- Approval of Minutes: Clmr. Lutz seconded by Clmr. Getman, moved to approve the Minutes, as presented, for June 16, 1975 and June 23, 1975. Passed unanimously. Item 5- Report of the Borough Assemblymen: 1. Clmr. Lutz reported that there had been no Borough Assembly meeting since the last report but indicated the Assembly on July 15th would act on the new Seward High School and suggested that as many people from Seward as possible should attend this meeting. Clmr. Lutz also, commented on fact that the sales tax reduction proposal was going to be discussed at the same time and that his position was opposed to the reduction since the sales tax is earmarked for schools. He concluded by indicating that regardless of individual feeling in the matter attendance from Seward should be encouraged. Item 6- Communications: 1. A letter dated July 8, 1975 from the Dept. of Community and Regional Affairs reporting the City of Seward had been awarded emergency financial assistance in the amount of $56,500.00. Signed Lee McAnerney, Commissioner. 2. A proposal dated July 3, 1975 from James T. Pruitt requesting a lease for Lot 16 of the Seward Industrial Park for the purpose of a beaching and repair site. Signed James T. Pruitt. The City Manager suggested Council may wish to delay action on this particular item until after the report from the planning group had been received. Council had no objection to delaying the request. 3. A letter dated June 30, 1975 from the Alcoholic Beverage Control Board reporting that no application for a new license shall be approved in any location within an incorporated city where the total of licensed premises in the aggregate at one time would exceed one license of each type for each 1,500 population or fraction thereof within the city. Signed Mrs. A. A. Lee Young, Records & Licensing Supervisor. Mr. Jack Werner applicant for a new liquor retail license for the Gateway Liquor Store asked to be recognized. Mr. Werner th&n pointed out that he was asking for reinstatement of a licnese he had to give up several years ago due to poor economic conditions in the community. Council member Lutz explained that he was against the proposal of having a liquor store in his neighborhood. The City Manager suggested that there was no quarrel with the applicant that Mr. Werner operated his business in a exampliary manner but there was difficulty in trying to observe the state law in the matter. The Manager suggested that there was no exemption apparent on the face of the application and that an exception should be taken with the Alcoholic Beverage Control Board. City Attorney Gantz took minor exception with the City Manager's position and suggested that the city should simply call attention to the Alcoholic Beverage Control Board asking the question if they are infact legally able to issue the license in view of the population of Seward. Mr. Gantz noted also that it was not the City's position to advise the state to violate the law. Council had no objection to following the city attorney's proposal. Item 7- The City Manager's Report: 1. The City Manager requested the appoint- ment of Dr. John Noyes to the Borough Planning and Zoning Commission. Clmr. Lutz seconded by Clmr. Getman moved to appoint Dr. Noyes. Passed unanimously. 2. The City Manager introduced Mr. Richard O. Gantz, City Attorney and asked him to report on the status of the proposed contract between the City and Chugach Electric Association Inc. for the deliverance and sale of wholesale power to the community. Mr. Gantz reported that after considerable review and contact with several individuals regarding the proposed contract it was his opinion z Page 2 REGULAR MEETING-JULY 14, 1975 VOLUME 17 that the contract should be executed and that he would attempt to get a letter of understanding regarding the Homer Electric Association/Matanuska Electric Association contracts in order to get the best possible rate for the community. Mr. Gantz noted that he reluctantly recommended execution of contract proposal No.2. and noted he was unable to gain further concessions in the contract by talking to representatives of Chugach Electroc Inc. Mayor Neve' explained the need for power system improvements for the benefit of those in the audience who were not in attendance at prior meetings and the City Manager was asked for his opinion regarding the proposal. The City Manager explained that every avenue had been explored as thoroughly as possible and that at the moment it appeared there was no other choice but to sign the contract. It was therefore the Manager's recommendation the contract be signed. Clmr. Getman seconded by Clmr. Lutz moved to approve the City of Seward/Chugach Electric Association contract subject to approval of the City Attorney. Passed unanimously. Item 8- Citizens' Discussion and Public Hearings: 1. Public Hearing/Jesse Lee Heights Subdivision Water and Sewer Lines Installation as a special assessment district. Mr. William S. VanHemert was present to discuss the proposed water and sewer installation at Jesse Lee Heights Subdivision. Mr. VanHemert indicated that the total project cost would be approximately $370,000.00 and the individual assessment per lot would be between $3800.00 and $4600.00 depending on the manner and method of assessment. Myr. Neve' opened the Public Hearing. Mrs. Dorothy Urbach spoke indicating she was pleased with the proposal. Mrs. Margaret Deck spoke reporting that the ease- ment behind her property in the Subdivision may not be needed because they were low enough to gain entry into the sewer from their basement. There being no one else who wished to speak Myr. Neve' closed the Public Hearing. The City Manager expressed interest in determining whether Council felt the project should be pressed in view of the other work coming before the munici- pality. Council indicated it was their desire to move ahead with the proposed Jesse Lee Heights water and sewer installation. 2. Public Hearing Proposed Installation of Diesel Oil Storage Tanks and Dispensing Equipment in the vicinity of the Fourth Avenue Dock. Myr. Neve' opened the Public Hearing. Mr. Gale Shingleton expressed concern over the hearing and thought that they had had a special meeting at which time this discussion had taken place. Myr. Neve' pointed out their luncheon was not a special meeting that it was a discussion only and that the citizens who attended a later work session suggested a need for a Public Hearing and for a written proposal. Mr. L. V. Gefvert, representing Atlantic Richfield Co. reported to Council that they intended to fuel their gulf exploration vessel by tank truck and they did not need storage tanks at the Fourth Avenue Dock area. The City Manager read a recommendation from the Planning and Zoning Commission suggesting that no action be taken on the proposal tanks at Fourth Avenue until they have an opportunity to review the proposal and until all environmental re- gulations and permits have been satisfied. The City Manager suggested that since no proposal had been received and since there appeared to be no need for this particular work to go ahead at this time the discussion be abandon until such time as was desired to proceed. Mrs. Beverly Dunham commented it was her opinion that the city should have their attorney review the Northern Stevedoring and Handling lease and determine whether such a facility could be built on their property without permission of the city. There being no one else who desired to be heard Myr. Neve' closed the Public Hearing and noted that Council had no objection to the abandonment of the proposal at this time. 3. Public Hearing Proposed Lease of Lot 8, Marina Subdivision to Mr. John Smith for the purpose of constructing a Motel. The City Manager reported that one proposal to lease the property had been received, that it had been received from Mr. John Smith in the amount of 5 cents per square foot per year or $1750.00 per year approximately for the parcel. Myr. Neve' opened the Public Hearing. Mr. Willard Dunham spoke in support of the pro- posed lease. Mr. John Smith reported that no bonding company would bond him as his 0\vu contractor and on that basis no bond may be available as required in the request for proposals. The City Manager reported he would investigate that particular item and address it in the contract which Council would con- sider in the next meeting. There being no one else who desired to be heard I I , I I I ') i) Page 3 REGULAR MEETING-JULY 14, 1975 VOLUME 17 Myr. Neve' closed the Public Hearing. 4. Mr. Bruce Massey, General Manager of Chugach Native Assoication was on hand to report that they were still interested in securing a piece of property in the vicinity of the Small Boat Harbor and wished to go on with the proposal to construct a Motel somewhere in the area. Mr. Massey reported it was dependent on getting a suitable piece of land and suggested they were still interested in Alaska Railroad property at the North end of the Harbor but also noted that if that was unavailable they would consider construction on a site off of the Harbor on city property. Council suggested that the administration explore the possibility of securing the spur from the Railroad. Mrs. O. E. Darling commented on the questionable need of a Motel in the area since it was already serviced by two existing units and one proposed unit. It was her opinion that the developers should consider locating closer to downtown in order to make the downtown area more assessable to Motel guests. 5. Mr. Don Ennis noted the need for homes in the community, reported that the city had certain parcels of land from the Alaska State Housing Authority and thought that the work should proceed even though the paper work was difficult. The City Manager reported that since the Chugach Electric Contract had been settled some of the other items had been attended to and that this was coming up for discussion with a represent- ative of the Dept. of Housing of Urban Development during August. Item 9- Council Discussion: 1. Clmr. Oldow indicated that the City should consider suggesting to the Railroad that the Railroad not release any land that it may have to the Division of Aviation. Council had no objection to the administration writing a letter to the Railroad and to the Dept. of Aviation reporting that feeling. Clmr. Oldow noted that complaints regarding the bath- rooms at the Small Boat Harbor were being received and suggested the waterlines serving the visitors be "T"-ed to permit two vehicles to water at once. Clmr. Lutz requested a brief report on the cleanup campaign and the City Manager noted that it was moving slowly with emphasis on correction of previously noted violations. Clmr. Getman reported the Seabee's were down to work over the week- end on First Lake Park Project and that they had accomplished quite a bit but that he was sorry to note that no one from the city came to help in the proiect. Clmr. Getman also noted the Harbor Commission should consider the dock tariff as being very important to the future economy of the Seward area. Myr. Neve' reported that Mr. Ennis felt that the sidewalk in front of the bank was not properly finished and that it should be inspected before it was accepted by bank officials. Item 10- Resolutions, Ordinances and other Action items: 1. Ordinance No. 405 A AN ORDINANCE CREATING SECTION 5-98 OF THE SEWARD CODE AND ESTABLISHING FEES FOR THE USE OF THE SMALL BOAT HARBOR GRID. Final reading. Clmr. Getman seconded by Clmr. Lutz moved to approve Ordinance No. 405 A by title only. The City Manager read Ordinance No. 405 A by title only. Clmr. Getman seconded by Clmr. Lutz moved to approve Ordinance No. 405 A on the final reading. Passed unanimously. (see attached). 2. Ordinance No. 408 (see attached) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA REPEALING CHAPTER 8, SECTIONS 8-1 THROUGH 8-37, OF THE SEWARD CITY CODE AND ENACTING A NEW CHAPTER 8, SECTIONS 8-1 THROUGH 8-37. First reading. Clmr. Oldow seconded by Clmr. Lutz moved to approve Ordinance No. 408 by title only. The City Manager read Ordinance No. 408 by title only and Clmr. Oldow seconded by Clmr. Lutz moved to approve Ordinance No. 408 on first reading and to advance it to second reading. Passed unanimously. 3. Approval of cost overrun in the amount of $29,821.63 to Turbo Engery Systems Inc. for construction of installation of the Seward Power Plant Addition. The City Manager reported that the generator installation and options had exceeded the proposed amount by nearly $30,000.00 but that the switching at the "T" work came under the estimate by approximately $30,000.00, so in affect the total project had come close to the originally anticipated amount. The Manager conintued by noting that some work could have been carried out by the company on a more timely basis and if that had been done some of these costs could probably of been avoided. It was therefore, the City Manager's recommendation that the overrun be approved subject to review and comment by the attorney involved Mr. Irv Bertram. Clmr. Lutz seconded by Clmr. Getman moved to approve the Turbo Engery overrun subject to review by Mr. Bertram. Passed unanimously. 4 Page 4 REGULAR MEETING-JULY 14, 1975 VOLUME 17 4. Ordinance No. 409, AN ORDINANCE DETERMINING THE LOCATION FOR FUTURE CON- STRUCTION OF BULK PETROLEUM OR GAS STORAGE TANKS WITHIN THE CITY OF SEWARD. Emergency passage. It was noted that the immediate emergency had passed and that the Ordinance could be carried through in the normal way. It was also suggested that the Ordinance be amended to provide for construction location or erection instead of construction only. Clmr. Getman seconded by Clmr. 01dow moved to approve 409 on first reading and to advance it to second reading after the Planning and Zoning Commission had an opportunity to review the Ordinance. Passed unanimously. Item 11- Citizens' Discussion: None. Lutz moved to adjourn. Mayor Neve' adjourned es R. Fi.~ip, J.~ itY".~nager . '... Ii ;;",1'.' " .~ ,)f ~\:.':r". . ,'..~~:~~4~ ~<?iif r"\(/c- ----~~~~-------------------------------------------------------------- ;?~ J A.;tI ~/ ~ichard A. Neve' Mayor REGULAR MEETING-JULY 28, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for July 28, 1975, was called to order by Vice-Mayor Hulm at 7:30 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. McCloud. Item 3- Roll was called and those present were Vice4fuyor Hulm, Clmr.'s McCloud, Getman, Lutz and Oldow. C1mr. Dague arrived late. Mayor Neve' was excused absent. Item 4- Approval of Minutes: Clmr. Getman seconded by Clmr. Lutz moved to approve the Minutes, as presented for July 14, 1975. Passed unanimously. Item 5- Report of the Borough Assemblymen: 1. Clmr. McCloud reported the Borough Assembly had discussed reducing the sales tax from 3% to 1% and introduced Ordinance 75-43 regarding the rezoning in Seward for Mrs. Stetson and indicated that it would be the subject of a Public Hearing on August 19, 1975. Clmr. McCloud also reported the Assembly had adopted Resolution 75-46 and 75-48 to provide for authorization of bonded indebtedness for the Seward and Soldotna Schools. It was also reported the Solid Waste Projects were going to be submitted for rebidding because the amounts in the original bid were regarded as being too high. Clmr. Lutz noted that the school issue and the sales tax issue would be the subject of debates on August 5th and August 19th and requested as many people as possible to be present at these Borough Assembly meetings. Item 6- Communications: 1. A letter dated July 21, 1975 from Chugach Development Corporation expressing interest in the Railroad property at the Northwest corner of the Small Boat Harbor, if this parcel could be acquired within sixty days of this letter. Signed Bruce A. Massey, General Manager. The City Manager reported it was probably not possible to obtain title to the land within sixty days and suggested that the second choice immediately South of the Breakwater be pursued. Mr. Willard Dunham suggested that the State Transportation Committee be invited to hold a hearing in Seward and that Senator Stevens could be invited to attend the official function at which time a strong plea for this Railroad parcel could be made. Council had no objection to proceeding with this approach. 2. A letter dated July 21, 1975 from the Alcoholic Beverage Control Board regarding the approval '- I I I fJ Page 5 REGULAR MEETING-JULY 28, 1975 VOLUME 17 of transfer of beverage dispensary license and retail license for the Pioneer Bar and Pioneer Liquor Store. Signed Mrs. A. A. Lee Young, Records & Licensing Supervisor. Clmr. Getman objected to the transfer of the Retail License for the Pioneer Liquor on the basis the store had not been open in accordance with state law. Council suggested the administration investigate and report at a later date. 3. A letter dated July 21, 1975 from the Kenai Peninsula Borough reporting the basic application for 701 funding was submitted to Community and Regional Affairs by the Borough Economic Develop- ment Office. Signed Frank McIlhargey. 4. Public Notice dated July 24, 1975 indicating the parking reserve located in Block 1, Marina Subdivision was being subdivided into Lots 7 and 8, on the proposed plat. Signed G. S. Best, Planning Director, Kenai Peninsula Borough. 5. A news release dated July 14, 1975 reporting the Public Hearings on a draft environmental impact state- ment for the Outer Continental Shelf would be held in Anchorage on August 12, 1975. 6. A letter dated July 23, 1975 from Jesse W. Lanman requesting pur- chase of Lot 3, Block 32, Original Townsite from the City of Seward. Signed Jesse W. Lanman. The City Manager suggested this request be held until an appraisal of the property be made. Council had no objection to proceeding on that basis. Clmr. Dague arrived at this time. Item 7- addition of tanks The City Manager's Report: of Item 10-3 to the agenda: within the City of Seward. The City Manager requested the Ordinance 409 A, regarding the location Council had no objection to this request. Item 8- Citizens' Discussion and Public Hearings: 1. Mr. Brent Whitmore introduced Japanse exchange students Noriko Takarada and Masumi Hayashi. The exchange students presented gifts to Vice-Mayor Hulm for Mayor Neve' and pre- sented a gift to the City of Seward which was opened and accepted by the Vice-Mayor. Mr. Robert F. Richardson requested the City consider the funding of a $1,000.00 grant which would help pay for transportation expenses for Seward students selected for exchange in 1976. Mr. Willard Dunham added his comments indicating this was not the type of thing the City should be involved in, that it would be more in the area of interest of the Seward Chamber of Commerce or the local school system. Mr. Dunham also, commented on the need for the municipality to honor Seward's founders in some way. Mrs. Pat Williams indicated she was also of the opinion that sending students to Japan was not a city function but indicated it was something that Council should decide. Item 9- Council Discussion: 1. Clmr. Hulm asked for consent for the group to hold an executive session after the meeting, there was no objection to this request. 2. Clmr. Oldow noted that motorcycles and dogs were creating problems in the Small Boat Harbor. 3. Clmr. Lutz questioned the status of the Local Service Roads and Trails Project and the Alaska Flag Project. The City Manager indicated that both projects were of priority and needed atten- tion as quickly as an engineer could be hired and brought on board. Clmr. Lutz also noted the stop sign on Second and Jefferson created problems for ambulance drivers and requested that it be removed. It was also noted that that Jefferson Street West of Second Avenue was in need of grading. 4. Clmr. Dague reported the stop signs in the community were bent, that the electric outage over the weekend at Moose Pass had created complaints, and that he would like to compliment city employees on the TV Project recently completed. 5. Clmr. Lutz requested a letter be sent to the Department of Highways regard- ing the condition of the Seward Highway North of the City. Item 10- Resolutions, Ordinances and other Action items: 1. Ordinance No. 408 (see page 3), AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA REPEALING CHAPTER 8, SECTIONS 8-1 THROUGH 8-37, OF THE SEWARD CITY CODE AND ENACTING A NEW CHAPTER 8, SECTIONS 8-1 THROUGH 8-37. Second reading. Clmr. Lutz seconded by Clmr. Getman moved to read Ordinance No. 408 by title only. Passed unanimously. The City Manager read Ordinance No. 408 by title only. Clmr. Dague seconded by Clmr. McCloud moved to approve Ordinance No. 408 and to advance it to third and final reading. Passed unanimously. 2. Resolution No. 921 (see attached), A RESOLUTION APPROVING THE LEASE OF LOT 8, MARINA SUBDIVISION TO JOHN SMITH. Clmr. Lutz seconded by Clmr. Dague () Page 6 REGULAR MEETING-JULY 28, 1975 VOLUME 17 moved to approve Resolution No. 921. Passed unanimously. 3. Ordinance No. 409 A (see attached), AN ORDINANCE DETERMINING THE LOCATION FOR FUTURE CONSTRUCTION OF BULK PETROLEUM OR GAS STORAGE TANKS WITHIN THE CITY OF SEWARD. Second reading. Clmr. Lutz seconded by Clmr. McCloud moved to read Ordinance No. 409 A by title only. Passed unanimously. The City Manager read Ordinance No. 409 A by title only. Clmr. Dague seconded by Clmr. McCloud moved to approve Ordinance No. 409 A and to advance it to third and final reading on August 25, 1975. Passed unanimously. Item 11- Citizens' Discussion: 1. Mrs. Pat Williams questioned the definition of the word "bulk" and asked for information regarding what size tanks this applied to. Discussion followed and it was generally pointed out that bulk meant for resale or storage and not for private use. 2. Mr. Willard Dunham suggested the Alaska Railroad be contacted once again and asked to fill the area adjacent to its yard in Seward with Federal Grant monies recently approved for their use. session regular session at 11:06 P.M. to adjourn. Vice-Mayor Hulm adjourned REGULAR MEETING-AUGUST 11, 1975 ,.- Item 1- Alaska, at 7:31 The Regular Meeting of the Common for August 11, 1975, was called to P.M., in the Council Chambers. Council of the City of Seward, order by Vice Mayor Hulm Item 2- The Opening Ceremony was led by Clmr. McCloud. Item 3- Roll was called and those McCloud, Dague, Oldow, and Getman. Clmr. Lutz was absent. present were Vice Mayor Hulm, Clmr's Mayor Neve' was excused absent Item 4- Minutes: Clmr. Dague, seconded by Clmr. Getmen, moved to approve the Minutes of July 28, 1975, as presented. Passed unanimously. Item 5- Report of the Borough Assemblymen: Clmr. McCloud reported the Borough Assembly had turned down the solid waste contract bids and approved the plans for the Russian Village school as well as the schematics for the Seward High School. Clmr. McCloud also noted that the Kenai Peninsula Borough sales tax may be reduced to 2%. Item 6- The City Manager's Report: 1. The City Manager asked that if there was no objection to add the following items to the agenda: 10-15 Ordinance No. 408 - Amending the Election Code, Third Reading and Approval; 10-16 Ordinance No. 413 - Providing for the acceptance of Impact Funds, First Reading; and Item 10-17 Approval of the Jail Contract. Council had no objection to this request. 2. City Manager reported the Japanese Derby Prize had arrived and would be presented to the first place winner on Sunday. That an application for Economic Development Administration grant funds in the amount of $75,000.00 to provide an administrative assistant to review and investigate impact had been applied for, and that the Senate Appropriations Committee would be in Seward on Friday, August 15, 1975 and the members of Council were invited to attend a no host luncheon. 3. The City Manager introduced Mr. H. D. Haynes, President of Alaska Aeronautical Industries, Inc. Mr. Haynes reported that Alaska Aeronautical Industries was interested in establishing three times weekly service ----. ~ ~;: ,e '" ~ 11, :<:. 'lit;' . ,-.,. j;'~'" ".'. ~5i..*'-:. -':<f. .:-:/"~ , ,\' ~. '.. ':, . ,; ~~~.,.~ " ,;,.~":~~{T:~ ", \. " \. '" .' ";w!;\ CITY OF S"', ALASKA RESOLUTION NO. ~21 A RESOLUTION ACCEPTING THE BID OF JOHN SMITH, AND PROVIDING FOR THE LEASE OF CERTAIN PROPER'rY LOCATED WITHIN THE MARINA SUBDIVISION, ADDITION NO.1, TO 'l'HE CITY OF SEWARD, ALASKA. WHEREAS, the Seward City Council finds that it is in the p\lblic interest to accept the bid of John Smith to construct a thirty (30) unit motel beginning during the month of September, 1975, and being completed in approximately six (6) months time. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The bid of John Smith to lease this pro- perty and construct a thirty (30) unit motel upon it is hereby accepted, and the City Manager is authorized and directed to execute the attached lease, providing for the lease of certain property in the Marina Subdivision, Addition No.1, to John Smith. Section 2. This resolution shall beoome effective thirty (30) days after adoption, passage, and posting, in accord with Sections 2-81 through 2-85 of the Seward City Code of Ordinances. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28th day of July, 1975. CITY OF SEWARD, ALASKA BYAJRichard A. Neve' Mayor AYES: McCloud. Getman, Lutz, Hulm, Oldow, & Dague NOES: non e ABSENT: Neve' ....... .' ~. ,... ~ -0;""-' .~?~t .~ ,~ ~-:", ~~~ ;,f.. s:'~ . -"'~ ,.!,'( -.'.'. . ,);'>'1# .r .' , :.~ ~ I I I 7 Page v REGULAR MEETING-AUGUST 11, 1975 VOLUME 17 between Anchorage and Seward with an eight passenger plane. The City Council had no objection to supporting Mr. Haynes and his application before the Alaska Transporation Commission. Item 7- Communications: McHenry objecting to the Outer Continental Shelf McHenry. 1. Letter dated July 31, 1975 from Ruth E. City's proposed comments in support of exploration and development. Signed Ruth E. Item 8- Citizens' Discussion and Public Hearings: 1. Mrs. Pat Williams reported on certain historic names for streets in the community and indicated she would work with the Planning and Zoning Commission to share this information. 2. Mrs. Ruth McHenry commented on the Outer Contentinal Shelf hearings and reported that we are not qualified to judge since much of the material in the report is new and that people are in Seward because they enjoy the resources. She added she thought Council was acting to hastily in the matter. 3. Mr. Don Ennis commented on the proposed public hearings for lease of property in the small boat harbor. The City Manager reported that it was his feeling the parcel was too big. Ennis also questioned the need for City Clerk and for the City Engineer. The City Manager reported that a job offer had been tendered to an individual applicant for the position of City Engineer but that no answer had been forthcoming at the present time. 4. Mrs. Margaret Anderson requested exclusion of the Seward Marine Services property at the South end of town from the proposed Ordinance limiting the construction of bulk petrolum storage tanks. Clmr. Hulm reported he could not vote for the Ordinance and that it was a mistake not to allow tanks in the vicinity of the proposed dock complex. No action was taken on the request at this time. Item 9- Council Discussion: 1. It was suggested that a letter be written to El Paso Alaska Company supporting their application for an all Alaska gas pipeline route. 2. That a low clearance sign board should be hung in the area of the east parking lot in the small boat harbor to control the height of campers using the area to less than 6' 3". 3. The parking on 4th Avenue by big campers is creating a problem and should be reviewed by the Planning and Zoning Commission. 4. That the garbage at the Ferry Dock should be cleaned up, and 5. That a road extended from 4th Ave. to old Airport Road should be considered. Item 10- Resolutions, Ordinances and other Action items: 1. Resolution No. 922, A Resolution providing for the submission to the qualified voters of the City of Seward, Alaska, the question of whether the City Council should enact a sales tax in the amount of 2% on all sales. Clmr. McCloud, seconded by Clmr. Getman, moved to approve Resolution No. 922. Passed unanimously. 2. Resolution No. 923, A Resolution providing for the submission to the voters of the City of Seward the question whether the City Council should enact a hotel and motel rental tax in the amount of 5%. Clmr. Getman, seconded by Clmr. Oldow moved to approve Resolution No. 923. Passed unanimously. 3. Resolution No. 924, A Resolution providing for the submission to the qualified electors of the City the question of amending the City Charter to provide for the direct election of one member of the Kenai Peninsula Borough Assembly. Clmr. Dague, seconded by Clmr. Oldow moved to approve Resolution No. 924. Passed unanimously. 4. Resolution No. 925, A Resolution providing for the submission to the voters of the City of Seward the question of dock, causeway, pier, and terminal improvements and equipment to the Port of Seward and the issuance of two million dollars of Port Revenue Bonds. Clmr. Getman, seconded by Clmr. McCloud, moved to approve Resolution No. 925. Motion passed with Clmr. Oldow voting no. 5. Resolution No. 926, A Resolution providing for the submission to the voters a question of water and sewage system improvements and the issuance of $600,000. of General Obligation Bonds. Clmr. Oldow, seconded by Clmr. Getman, moved to approve Resolution No. 926. Passed unanimously. 6. Ordinance No. 410, An Ordinance of the City relating to trailer and camper parking. First Reading. The City Manager read Ordinance No. 410 discussion followed and it was agreed to send the Ordinance to Planning and Zoning for comment prior to taking any action. 7. Ordinance No. 411, An Ordinance requiring refuse service. First Reading. The City Manager read Ordinance No. 411. ClJr. McCloud, seconded by Clmr. Dague, moved H Page 8 REGULAR MEETING-AUGUST 11, 1975 VOLUME 17 to approve Ordinance 411 and advance it to second reading. Passed unanimously. 8. Approval of Renewal of lease between the City and the United States of America for 7,500 sq. ft. of land more particularity described as the Air Force Dispatch area. Clmr. Dague, seconded by Clmr. Getman, moved to approve the lease. Motion passed with Clmr. Dague voting no. 9. Approval of application for permit for Authorized Games of Chance and Skill for Seward Elks Lodge #1773. Clmr. McCloud, seconded by Clmr. Getman, moved to approve the application as requested. Passed unanimously. 10. Resolution No. 927, A Resolution supporting offshore leasing in the Gulf of Alaska. Clmr. Getman, seconded by Clmr. McCloud moved to approve Resolution No. 927. Passed unanimously. 11. Ordinance No. 412, An Ordinance rejecting the applcation of Public Employment Relations act to the City of Seward. The City Manager read Ordinance No. 412. Clmr. Getman, seconded by Clrm. McCloud, moved to adopt Ordinance No. 412 and to advance it to second reading. Motion passed with Vice Mayor Hulm voting no. 12. Approval of contract between the City and Local Union 1547, International Brother- hood of Electrical Workers. Clmr. Getman, seconded by Clmr. McCloud moved to approve the IBEW agreement as presented. Passed unanimously. 13. Approval of Amendemnt #3 to City of Seward Pension Plan. Clmr. Dague, seconded by Clmr. McCloud, moved to approve amendment #3 as presented. Passed unanimously. 14. Bid Award - Fire Station roof repair. After reviewing the bids received Clmr. Dague, seconded by Clmr. Oldow, moved to approve the bid of $1,457.00 to Wells Built Homes, Inc. Passed unanimously. 15. Ordinance No. 408, An Ordinance of the City Council of the City of Seward, Alaska, repealing Chapter 8, sections 8-1 thru 8-37 of the Seward City Code and enacting a new Chapter 8, sections 8-1 thru 8-37. Third reading. Clmr. McCloud seconded by Clmr. Dague moved to read Ordinance No. 408 by title only. Passed unanimously. The City Manager read Ordinance No. 408 by title only. Clmr. Getman, seconded by Clmr. Dague moved to adopt Ordinances No. 408. Passed unanimously. 16. Ordinance No. 413, An Ordinance accepting a grant from the State of Alaska of $56,500.00 and providing for the application of said funds. First Reading. City Manager read Ordinance No. 413. Clmr. Dague, seconded by Clmr. McCloud moved to approve Ordinance No. 413 on first and to pass it to second reading. Passed unanimously. 17. Approval of the Jail Contract with the United States Bureau of Prisons. Clmr. Getman, seconded by Clmr. Dague moved to approve the contract as presented. Passed unanimously. ,- Item 11- Citizens' Discussion: None Clmr. Dague 11:35 P.M. Vice Mayor REGULAR MEETING-AUGUST 25, 1975 Item 1- Alaska, at 7:42 The Regular Meeting of the Common for August 25, 1975, was called to P.M. in the Council Chambers. Council of the City of Seward, order by acting Mayor McCloud .....--.. Item 2- The Opening Ceremony was led by Clmr. Dague. Item 3- Roll was called and those present were Clmrs. Dague, McCloud, Oldow, and Getman. Mayor Neve' and Clmr. Lutz arrived late and Clmr. Hulm was absent. Item 4 - Approval of Minutes: Clmr. Dague, seconded by Clmr. Getman, moved to approve the minutes as presented for August 11, 1975. Passed unanimously. - . CITY OF S~, ALASKA RESOLUTION NO. 922 A RESOLUTION PROV1DINGFO~ THE SUBMISSION TO THE QUALIPIED VO'l'ERS OF THE CITY OF SEWARD, ALASKA, '!'HE QUESTION OP WHETHER THE CITY COUNCIL SHOULD EN~ A SALES TAX IN THE AMOUNT OF TWO PERCEIIT (21) ON ALL SALES ALREADY TAXED BY THE KENAI PENINSULA BOROUGH WITHIN THE CITY OF SEWA:RD, AT AN ELECTION TO BE HELD FOR THAT PURPOSE IN AND FOR THE CITY OF SEWARD, ALASKA, ON OC'l'OBER 7 I 1975 WHEREAS, City Council may by ordinance establish a sales tax of three percent (31) upon all sales or services taxed by the Kenai Peninsula Borouqh, and WHEREAS, there is a need for additional sources of revenue to meet the expanding needs of the City, and WHEREAS, the City Council wishes to determine whether the electorate favors the imposition of such a tax. Not-I, THEREFORE, '!'HE CITY OF SEWARD RESOLVES: Section 1. That it is hereby declared to be in the public interest to establish a sales tax in the amount of two percent (2%) on all sales and services presently being taxed by the Kenai peninsula Borough to be levied and collected in the same manner as the Borough sal.. tax is levied and collected. Section 2. That an election be held on Tuesday, October 7, 1975 for the purpose of submitting such proposition to the qualified voters of the City of Sew~rd for approval or rejection. Said proposition shall be in the following form: PROPOSITION NO. Shall the City of Seward impose a two percent (2%) tax on all sales and services within the City of Seward, Alaska .. presently being taxed by the Kenai Peninsula Borough, to be levied and collected in the same aanner as the Borough sales tax is levied and collected? .." ""Ir" :~ ,,:~. (, c r ;',-" :,..'~, ~ 4t Section 3. The foregoing proposition shall be printed in full on a ballot which may contain other propositions, and the following words shall be added below or next to the propo- sition as appropriate and next to a square provided for marking the ballot: Proposition No. YES I~ NO 1-/ A majority of those electors qualified and voting in favor of the proposition is required for approval. Section 4. A person may vote at said election who possesses the qualifications set forth in AS 15.05.010 and who has registered pursuant to Chapter 7 of Title 15 of the Alaska Statutes (AS 15.07.030, et seq.). The election shall be con- ducted in compliance with the procedures established in Chapter 8 of the Code of Ordinances of the City of Seward. Section 5. Upon passage of the above rroposition, City Council may by appropriate ordinance enact a sales tax in an amount not to exceed two percent (2%) on such sales and services. Section 6. Publication of this resolution shall be made by posting a copy hereof on the City Hall Bulletin Board for a period of ten (10) days following its passage and approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, on the ~ day of August, 1975. ~J A'IV~' Mayor . ArrflsT: I ~~ ~ itY-Clerm- ~I -2- . . CITY OF SEWARD, ALASKA RESOLUTION NO. 923 A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF SEWARD, ALASKA, THE QUESTION OF WHETHER THE CITY COUNCIL SHOULD ENACT A HOTEL AND MOTEL RENTAL TAX IN THE AMOUNT OF F1V1utF.Rr.F.-rgT ~'7-t AT AN ELECTION TO BE HELD FOR T T PURPO N AND FOR THE CITY OF SEWARD, ALASKA, ON OCTOBER 7, 1975. WHEREAS, City Council may by ordinance establish a tax upon the amount charged as room rentals in motels and hotels, and NHEREAS, there is a need for additional sources of revenue to meet the expanding needs of the City, and WHEREAS, the City Council wishes to determine whether the electorate favors the imposition of such a tax. NOW, THEREFORE, THE CITY OF SEWARD RESOLVES: Section 1. That it is hereby declared to be in the public interest to establish a hotel and motel room rental tax in the amount of five percent ( 5 %) on motel and hotel accomodations to transients occupying rooms for fewer than thirty (30) days, Section 2. That an election be held on Tuesday, October 7, 1975, for the purpose of submitting such proposition to the qualified voters of the City of Seward for approval or rejection. Said proposition shall be in the fOllowing form: PROPOSITION NO. Shall the City of Seward impose a five percent 5 %) tax on hotel-motel rentals of accomodations to transients . occupying rooms for fewer than thirty (30) days as more fully set forth in Resolution No. 923 '?!"'" , ( .. ~'. .. . e Section 3. The foregoing proposition shall be printed in full on a ballot which may contain other propositions, and the following words shall be added below or next to the propo- sition as appropriate and next to a square provided for marking the ballot: Proposition No. YES Ii NO ;-7 A majority of those electors qualified and voting in favor of the proposition is required for approval. Section 4. A person may vote at said election who possesses the qualifications set forth in AS 15.01.010 and who has registered pursuant to Chapter 7 of Title 15 of the Alaska Statutes (AS 15.07.030, et seq.). The election shall be con- ducted in compliance with the procedures established in Chapter 8 of the Code of Ordinances of the City of Seward. Section 5. Upon passage of the above proposition, City Council may by appropriate ordinance enact a motel-hotel rental tax in an amount not to exceed five percent --2-_%) of such rentals. Section 6. Publication of this resolution shall be made by posting a copy hereof on the City Hall Bulletin Board for a period of ten (10) days following its passage and approval. PASSED AND APPROVED by the city Council of the City of Seward, Alaska, on the ~H1ay of August, 1975. fUd--vl A. Mayor /r/, . ./I/_~- J\T1'tST: , Al(; 'Cler . I .J,- , . CIty I - 2 - . ,-""'''"." . . THE CITY OF SEWARD, ALASKA RESOLUTION NO. 924 A RESOLUTION PROVIDING FOR SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF SEWARD, ALASKA, THE QUESTION OF AMENDING THE CITY CHARTER TO PROVIDE FOR THE DIRECT ELECTION BY THE ELECTORS OF THE CITY OF SEWARD, ALASKA, OF ONE (1) MEMBER OF THE KENAI PENINSULA BOROUGH ASSEMBLY WHEREAS, K. P.~C. 05.l0.005(b) formally provided that members of the Borough Assembly from first-class cities were to be appointed by the city councils of said cities for terms of three (3) years, and WHEREAS, on July 16, 1974, the Kenai peninsula Borough enacted Ordinance No. 74-32, modifying Section 05.10. 005(b) of the Kenai Peninsula Borough Code of Ordinances to permit city councils of first-class cities to provide, by ordinance, for the direct election of one or more assembly- men by the city electorate, and WHEREAS, the City of Seward, Alaska, is presently entitled to two (2) seats on the Kenai Peninsula Borough Assembly, and WHEREAS, it is in the best interest of the citizens of the City of Seward to continue to have one member of the Kenai peninsula Borough Assembly appointed by the City Council from its own membership in order to preserve continuity and communication in government, but that it is unnecessary that both seats continue to be filled by Council appointment, WHEREAS, the City Council wishes to determine whether the electorate is in favor of having one borough assemblyman directly elected by the electorate, and '';~" '" . . WHEREAS, the City Charter now provides for the appointment of Borough Assembly members by the City Council and will, therefore, have to be amended, NOW, THEREFORE, the City of Seward, Alaska, resolves: Section 1. That it is hereby declared to be in the public interest to provide for the direct election of one member of the Kenai Peninsula Borough Assembly so long as the City of Seward shall have the right to have t~o (2) assemblymen represent it as members of the Kenai peninsula Borough Assembly. Section 2. That the City Charter of the City of Seward be amended by amending Sections 9.3 and 9.4. Section 3. That the following proposition be sub- mitted to the qualified voters of the City of Seward at a special municipal election to be held on October 7, 1975, with a majority of those electors qualified and voting in favor of the proposition being required for its approval: PROPOSITION ' Shall the City Charter of the City of Seward be amended by amending Section 9.3 and 9.4 to read as follows: Section 9.3. City Representatives on Borough Assembly. (a) The city shall participate in borough affairs. So long as the city of Seward is entitled to two (2) or more seats on the Kenai Peninsula Borough Assembly, one seat shall be filled by an elector of the city of Seward elected by the qualified voters of the city at the general election preced- ing the expiration of the three-year term, or, in the event that the seat shall be vacated before the end of the term, then at the next regular general election. . (b) The election shall be conducted as the council may provide in the Code and individuals seeking the office of borough assemblyman shall be nominated in the same manner as persons seek- ing elective city office, and must possess quali- fications for city office as set forth in the Charter. "',~ ""t,' ~~,,_.....~,; ./ ~' ~f~"""';'t, :"" ~ . . (c) A person may run for borough assemblyman and city councilman at the same time and may occupy both positions simultaneously. (d) In the event that, through reapportion- ment, the city of Seward shall lose its right to two (2) or more representatives on the Kenai Peninsula Borough Assembly, then para- graphs (a) through (c) of this section shall become tempor~rily inoperative until such time as the city of Seward is again entitled to two (2) or more seats on the Assembly. (e) The council shall appoint the city's representative or representatives on Borough Assembly except for the one representative elected pursuant to paragraphs a through c of this section. Section 9.4. Vacancies in Office of Representa- tives on the Assembly. All vacancies in the office of city representa- tives on the Assembly shall be appointed by the council within thirty (30) days after such vacan- cy occurs. Section 2.9 of this Charter provides when a seat shall be vacant. In the event that the vacancy occurs, other than by expiration of the term of office, in the seat which is elective, council shall fill the vacancy as provided in Section 2.13 of this Charter. Section 4. That the foregoing proposition shall be printed in full on a ballot, along with whatever Charter amendments may be proposed, and the following words shall be added below or next to each proposition as appropriate and next to a square provided for marking the ballot: PROPOSITION NO. YES /~ NO!7 Section 5. The first direct election by the elec- tors of the City of Seward of a Borough Assemblyman shall take place at the special election, to be held on October 7, 1975. Notice of the election shall be given in the same manner as provided by Chapter 8 of the Seward Code of Ordin- ances for the election of City Councilmen. ~,-' -c.,J..- ,_".4,;' I .. . . Section 6. In the event that the Charter provision should fail to receive the approval of a majority of the qualified voters voting on the question, the election of the borough assemblyman shall be null and void and the notice of election shall clearly state that its validity is contingent upon approval of the proposition amending the City Charter. Section 7. Publication of this resolution shall be made by posting a copy hereof on the City Hall Bulletin Board for a period of Ten (10) days following its passage and approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, on the 11th day of August, 1975. /WJ A,A<~' Mayor ATTEST: ~t6 .,~' / 11 .. ,/ . (: ty C er I " . e ~ CITY OF SEWARD, ALASKA RESOLUTION NO. 925 A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF SEWARD, ALASKA, THE QUESTION OF DOCK, CAUSEWAY, PIER AND TERMINAL IMPROVEMENTS AND EQUIPMENT TO THE PORT OF SAID CITY AND THE ISSUANCE OF TWO MILLION DOLLARS ($2,000,000.00) OF PORT REVENUE BONDS OF SAID CITY TO DEFRAY THE COSTS OF SAID IMPROVEMENTS AT AN ELECTION TO BE HELD FOR THAT PURPOSE IN AND FOR THE CITY OF SEWARD ON OCTOBER 7, 1975. THE CITY OF SEWARD RESOLVES: Section 1. It is hereby determined to be for a public purpose and in the public interest of the City of Seward to incur indebtedness and to issue port revenue bonds of said City in an amount not to exceed Two Million Dollars ($2,000,000.00) for the purpose of modifying, extending and improving the port facilities of the City of Seward by construc- tion of new, or modification of existing, dock, causeway, pier and terminal facilities; purchase all necessary equipment, appliances and fixtures and otherwise doing all that is neces- sary to expand, improve and extend the city-owned port facility. All said port revenue bonds shall mature within Forty (40) years from the date of issue and shall bear interest at a rate not to exceed Eight and One-Half Percent (8 1/2%) per annum, and shall be payable solely from the unpledged revenues derived from the operation of the port facilities of the City of Seward. Section 2. The sum of Two Million Dollars ($2,000,000) shall be borrowed by, for and on behalf of the City of Seward for the aforesaid Port improvements and is payable in port revenue bonds of the City of Seward. The bonds shall mature within Forty (40) years from the date of issue and bear interest ~ . e at a rate not to exceed Eight and One-Half Percent (8 1/2%) per annum and shall be payable solely from the unpledged revenues derived from the port facilities of the City of Seward. Section 3. An election is to be held on October 7, 1975, in and for the City of Seward, Alaska, for the purpose of submitting the following revenue bond proposition to the qualified electors of the City of Seward for approval or rejec- tion. A majority of those electors qualifying and voting in favor of the proposition is required for approval. PROPOSITION NO. Shall the City of Seward, Alaska, lncur indebted- ness and issue port revenue bonds in an amount not to exceed Two Million Dollars ($2,000,000) for the purpose of modifying, extending and improving the port facilities of the City of Seward by construction of new, or modification of existinq, dock, causeway, pier and terminal facilities; purchase all necessary equipment, appliances and fixtures and otherwise doing all that is necessary to expand, improve and extend the City-owned port facility. All said port revenue bonds shall mature within Forty (40) years from the date of issue and shall bear interest at a rate not to exceed Eight and One- Half Percent (8 1/2%) per annum, and shall be payable solely from the un~ledged revenues derived from the operations of the port facilities of the City of Seward. Section 4. The foregoing proposition shall be printed on a ballot which may set forth other general obligation and revenue bond propositions, and the proposition set forth in Section 3 shall be printed in full and the following words shall be added as appropriate and next to a square provided for mark- ing tht= ballot: PROPOSITION NO. YES /~ NO /~ Section 5. A person may vote at said election who possesses the qualifications set forth in AS 15.05.010 and who . has registered pursuant to Chapter 7 of Title 15 of the Alaska 'i~F'. . - . Statutes (AS 15.07.030, et seq.). The election shall be con- ducted in compliance with the procedures established in Chapter 8 of the Code of Ordinances of the City of Seward. Section 6. Publication of this resolution shall be made by posting a copy hereof on the City Hall Bulletin Board for a period of Ten (10) days following its passage and approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska on the llth day of August, 1975. (~~ Ii < ;1/ ~~-/ Mayor . ,- . " ',",'. '~~' , " e ~ THE CITY OF SEWARD, ALASKA RESOLUTION NO. 926 A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF SEWARD, ALASKA, THE QUESTIONS OF WATER AND SEWER SYSTEM IMPROVEMENTS AND THE ISSUANCE OF $600,000.00 OF GENERAL OBLIGATION BONDS TO DEFRAY THE COSTS OF THESE IMPROVEMENTS, AT AN ELECTION TO BE HELD FOR THAT PURPOSE IN AND FOR THE CITY OF SEWARD, ALASKA, ON OCTOBER 7, 1975 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD: Section 1. It is hereby determined to be in the public interest, convenience and necessity of the people of the City of Seward to effect improvements to the water and sewer systems of the City, and to incur bond indebtedness and issue general obligation bonds of the City in an amount not to exceed Six Hundred Thousand Dollars ($600,000.00) for this purpose. These general obligation bonds shall mature within a period not to exceed forty (40) years from the date of issue, and shall bear interest at a rate of not more than eight percent (8%) per annum. Section 2. The sum of Six Hundred Thousand Dollars ($600,000.00) is to be borrowed by and for the City of Seward for these improvements, and is payable in general obligation bonds of the City of Seward. These bonds will mature within a period not to exceed forty (40) years from the date of issue and will bear interest at a rate not to exceed eight percent (8%) per annum. Section 3. The sum of Six Hundred Thousand Dollars ($600,000.00) to be borrowed by and for the City is in addition to the Six Hundred Thousand Dollars ($600,000.00) authorized by the electors for the same purpose at the special election held on October 5, 1971. None of said authorized bonds have yet been issued and it has been determined that the authorization will not provide sufficient funds to carry out the projects for which they were authorized and it is in the public interest to seek an additional authorization so that the projects may be completed. Section 4. A special election is to be held on Tuesday, October 7, 1975, in the City of Seward, in conjunction with the general election to be held on that date, for the pur- pose of submitting the following general obligation bond propo- sition to the qualified electors of the City of Seward for approval or rejection. A majority of electors qualified and voting in favor of the proposition is required for approval. PROPOSITION NO. .. Shall the City of Seward, Alaska, incur indebtedness and issue its general obligation bonds in an amount not to exceed Six Hundred Thousand Dollars ($600,000.00) for the pur- pose of planning and constructing improvements to the water ....... "-i f -', . "~"" ~.', ". e ~ and sewer systems. All these mature within a period not to shall bear interest at a rate (8%) per annum. general obligation bonds shall exceed forty (40) years, and of not to exceed eight percent Section 5. The foregoing proposition shall be printed on a ballot which may set forth other general obligation and revenue bond propositions, and the proposition set forth in Section 4 shall be printed in full and the following words shall be added as appropriate and next to a square provided for mak- ing the ballot: PROPOSITION NO. YES/ / NOli Section 6. A person may vote at said election who possesses the qualifications set forth in AS 15.05.010 and who has registered pursuant to Chapter 7 of Title 15 of the Alaska Statutes (AS 15.07.030, et ~eq.). The election shall be con- ducted in compliance witn-t e procedures established in Chapter 8 of the Code of Ordinances of the City of Seward. Section 7. Publication of this resolution shall be made by posting a copy hereof on the City Hall Bulletin Board for a period of Ten (10) days following its passage and approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, on the llthday of August , 1975. f~JA< Mayor . r 14~~ . r . l '.~- ., '~'" .', ",~ L'';' . CITr O~ S!WOD 1 2 3 4 5 6 7 8 <} 1 0 1 1 1 2 1 3 1 4- 1 5 1 6 1 7 1 8 1 9 20 2 1 - . . DlUochaced: 7 /11 /19'" D1 '!'HI SIWUD CITr oo.cn BY B. C. IIUI.JI IISOI.D'l'1m 10. m A J'MOlut101l .~1Jac \be UdW stat. t'ederal goY6.._tt. ~ to aocelerate leulDc ot' oU... v.cte in the Qalt ot' llulla t'etr the ~. ot' oU aDd au uploration, d.....uoJB8llt. &Dill produotion BE IT RlSOLVED BY mE ..,..BD CITr COllieR: W}nI:n&S, our DlLtiOll 'a groriDs c:lepeDd_ce on bIported __g baa at this point in t1ae ap~tecl 4lYf, ot' our oU a~ 1.a .......1'11 hoa t'on1&D 8Ourc.., due pr~ to the hct t.bat. .iDee 1968 the t)l11;ed stat... baa bee depleting ita Pr<lnd !'e..n.. hater tban new on.. ar. acl4ed; aDd WHIRIAS, the U:dted stat... baa &It abundanoe of eerg ~1Il'Cl" ~ to be developed - CODftntiOD&l 801D'C" .ucb a. oU, gaa &lad coalJ aDd. alte1'D&te 8Ourc.. .11Oh .. potheral, tar sanda, nuclear, oU .bale, eolar, coalliquetaction, coal IUUioation aDd. ot.hers; aDd WRJr.8.'S, II&1d altenaate tOrM ot --17' C&IlDOt poaaibq CODt.r1Wte aiga.1tican~ to our aation'. inherent ene1"g req1liJ'-.ate in the nut 10 to 1; :reare becau.. the teclmolog baa DOt be. denloped in __ CU..; Cou;Ullt e . 2 2 ecoDOllic conditiona -.ke it at..1~e in certain other cu..; loDg lead 2 3 t1lles are needed to briD<< nn eerg 8OUrc.. ClI1 proc:luetion, and for certa1Jl 2 4 other rea~; and 2 5 WHEREAS, 17% of Oll%' Outer continental Shelf rllr"- UDrq:>loNc1, 2 6 75% to &J% of this U. S. Outer ContiDental Shelf li.. off the coast of Al-. 2 7 where there ~in8 little doubt of pot.nt~ treMDdoua 011 and. ... 2 8 reserv.. offering the ONLY sbort-tAra alternative wbich oan help u to 2 9 substaDtial:Q" .1..1.1.e our depeadGq on foreilD 011. :3 0 MOW 'l'Ii!:IW'ORE, BE rr RISOLYID that it 18 the v1ll of this SwaN 3 1 Cit;y Council that we lead official npport to our federal p~t.'s 1D\eIR :3 2 to accelerate leasing of ottahore tract. in the Gulf of Alaaka for the 3 3 purpos. of 011 &Xl4 .. aplorat.iOIl, d....lo~t. and. production; &nd :3 4 BE rr l'tJR'l'H!:R DSOLYBD tbat the S.-rd. Cit;y Council lend8 offidal 3 5 support to the concept of illpact hnds such &II would be proTided. in s_te 3 6 Bill 130, or Seaa.te Bill 586, the Coutal Zone Act, prorl.ded. tinaDcial 3 7 aasl8taDc. could be reallsed b;y BDicipallt.1ea wbo ban to deal with the 3 8 expected social, en'f'booDll8Dtal and econOllic Outer Continental Shelf 3 9 d.....lof&8Dt 1JIpacta. 4 0 COPIIS of thie reaolutioll sball be t.ra.agitted to the RoDOrable 4 1 Gerald R. Ford, Jr. J Presic1at of the UIlited states; the Bonorab~ St&nlq I. It 2 Hatba_;y J Secretar;y of th. Dlterior; the HOnorable Klke Mansfield, s_te 4 :3 Majority Leader; the HoDOrable carl Albert, Speabr of the Roue of 4 4 Representatb..; the Honorable lUke Gr&nl; the Honorabl. Ted. St.enu; '" 5 Honorable Don Young, Alaska'. CoD8J'e8a1onal Deleption; the IfoDol'able .1&7 4 6 HI'--, Governor of AlA_; the HoDorable E. L. Patton, PrMident .f the . e e 4 7 Alyeska Pipeline serrlce C~; the Honorable St&Bl.,- ,. 'i'haIpeon, .)'OJ' of 4 8 the xenai pen1nIIula Borough; t.Iw HODorable J.... V. Ames., ~ld_t, la&1 4 9 Peninsula Borough Ass.-b17; the RclIlOrable Jay Xerttula, Ala.lea sta~ s..tol' , 5 0 and the Honorable le1th SpecldDg, Aluka Roue of llepreaatatiy... ADOPTED BY THE SBIWlD CITY COUlCIL 'l'B18...ll... MY 0' August 197' AT'l'BST *lOr of S.-rd Seward City Clerk I I I !) Page 9 REGULAR MEETING-AUGUST 25, 1975 VOLUME 17 Item 5- Report of the Borough Assemblymen: Clmr. McCloud reported the Borough Assembly had passed an ordinance providing for rezoning in Seward and had approved proposing to the voters a general obligation bond in the amount of $8,000,000. for the new Seward High School. Clmr. McCloud urged members of the community to take an active part in seeing that this bond issue was passed. Item 6- City Manager's Report: 1. The City Manager reported he had been contacted by representatives of AMAX for the purpose of investigating Seward regarding the potential for coal export. City Manager reported that the firm had not made a commitment to Seward entirely and that this was an investigative visit only. 2. The Manager noted that representatives from British Petroleum and Alantic Richfield Company had called requesting information on the possiblity of using a parcel of land along Armstrong Ave. and possibly 7th Ave. for the purpose of storing up to twenty thousand tons of pipeline related cargo. The Council did take exception to continuing the negotations and making arrangements for this utilization if the need arises. 3. The City Manager suggested completion of the tennis court should proceed and asked if Council had any objection to the expenditure of approximately $1890.00 for this purpose. Council had no objection to the proposed work. 4. The Manager suggested a possible amendment to Ordinance 409-A which would provide the relief that Mr. and Mrs. Ray Anderson had requested regarding the construction of petroleum storage tanks on their parcel south of town. The administrative amendments to the Ordinance would appear in section 1141 of Ordinance 409-A in line 4 after the word harbor insert the following words "and south of the Lowell Creek diversion out fall". Mayor Neve' arrives at this time. Ray Anderson suggested that he would be installing up to 200,000 gallons of fuel storage capacity at this location. Mrs. Beverly Dunham opposed the amendment indicating that the citizen's had taked a firm stand suggesting that there would be no tanks around the waterfront anymore. Discussion continued and it was suggested to revise the Ordinance and include definitions which would cover home use versus commercial and noncommercial use. It was also requested that the Ordinance be reviewed by the Planning and Zoning Commission again. Item 7- Communications: 1. A letter dated August 14, 1975 from the Dept. of Public Works Division of Aviation commenting on their desire to acquire Tract 9 of U. S. Survey 149 immediately south of the existing Seward Airport for airport development. Signed Patrick P. Ryan, Director. Discussion followed and it was the opinion of Council that this request be rejected since the Railroad needs this parcel as much as the airport does. 2. Letter dated August 21, 1975 from the Dept. of Economic Development, Division of Economic Enterprise regarding their application to the Econimic Development Administration for Title IX finds to prepare an Outer Continental shelf impact stragety plan. Signed Richard H. Eakins, Director. The City Manager noted that the City of Seward had been inculded in the request for funds in an amount of $75,000.00. 3. A letter dated August 13, 1975 from the U. S. Environmental Protection Agency regarding the schedule of compliance for effluent limitations. Signed Leonard A. Miller, Director Enforcement Division. Item 8- Citizen's Discussion and Public Hearings: 1. Miss Bell Heffner, representing the Youth Conversation Corps., U. S. Forest Service presented the YCC slide tape program regarding the environmental concerns they discussed during their visit to Seward. After reviewing the presentation members of Council praised the work of the young people and suggested they make copies available to certain groups in the Community for preservation. 2. Public Hearing regarding the proposed lease of certain parcels further described as Parcel # 1, a section of tide lands immediately south of the existing southern most breakwater, approximately 1000 ft. by 650 ft. in size (the other parcels #2 and #3 were withdrawn on the advice of the City Manager since they were not involved in the proposed development.) The City Manager read the letter of proposal from the Chugach Development Corp. suggesting they be permited to construct a 45 unit motel on the parcel immediately south of the southernmost breakwater along the water front and offered to pay 8~ per sq. ft. per year for the priviledge of 10 Page 10 REGULAR MEETING-AUGUST 25, 1975 VOLUME 17 using this land for a 30 year period. Clmr. Lutz arrived at this time. Mr. Roy Roehl, representing the Chugach Development Corp. suggested the structure would be initiated during the fall of this year and would be placed on piling seven or eight feet tall which would provide for parking under- neath the structure if necessary. Mr. Herman Leirer noted that the Planning and Zoning Commission had not made a recommendation on this proposal because of the expanded size of the original request. He suggested that a special meeting of the Planning and Zoning Commission be held on Sept. 3, 1975 to review the issue once again and make a recommendation to the City Council. Clmr. Dague suggests that the building be adjusted on the lot to permit public access along the water front. Mr. Lerier notes that he is in favor of the project and that the land should be used within a reasonable amount of time. Mrs. Pat Williams endorses the project with her support 100%. The City Manager requested information regarding the possibility of posting an $8,000.00 cash bond in lieu of the requested amount. Mr. Roehl reported that that would be acceptable to the Corporation. There being no one else present who desired to be heard Mayor Neve' closed the public hearing. The City Manager noted that if Council had no objection he would proceed with drafting the contract for the lease of the described parcel. Council had no objection. 3. Public Hearing regarding the proposed utilization of the Outer Continental Shelf of Alaska for oil and gas exploration and development. Mayor Neve' opened the public hearing. Mrs. Ruth McHenry noted that the City has a concept plan and the plan cannot be implemented if we rush into things. She suggested that we do not rush the government into action. She noted that the Outer Contenintal Shelf developments are already hitting in Seward and impact is here. Mrs. McHerny suggested that the storage on Seventh Ave. will block the view of waterfront dwellers. She herself indicated she'd rather not see the development but asks that the City does not support accelerated Outer Contenintal Shelf activity. She concluded her remarks by noteing that the resolutions submitted to the Dept. of the Interior can be amended. Mr. Herman Leirer took the position that waiting until the last minute would be wrong. He noted that the development is going to come and he asked the question what difference does it make when it comes. He submitted the proposition that there is nothing the City can do and it's coming whether we like it or not. Clmr. Lutz noted that both Mrs. McHenry and Mr. Lerier had valid points but that he was of the opinion growth was inevitable. Mr. Roy Roehl noted that Seward will be affected by Outer Contenintal Shelf development. Mayor Neve' took the position that he was opposed to the utilization of the shore line in an industrial sense but on the basis of a taxpayer he is not opposed to the short term utilization of the area for storage. Mrs. Dunham suggested that big companies have the power to do thin$s in a big way and that the concentration of effort should be on working to help get the school built to provide for the impacts which may come in the future. Clmr. Dague noted that the existing concept plan is not a document which contains do's and dont's and exists as only a guide. He also noted that the temporary storage proposed on Railroad Ave. or 7th Ave. would inconvenience only a few people for a relatively short period of time. Mrs. Leslie Simutis commented that she didn't like the insulation when it was stored on that particular site before and now she is opposed to the utilization of this area again. There being no one else present who desired to be heard on this particular topic Mayor Neve' closed the public hearing. No action was taken. Item 9- Council Discussion: 1. Clmr. Getman inquired about the dock tariff and the City Manager reported that it was stalled at the moment. Clmr. Getman noted that Lowell Point Road should be improved and the City Manager reported that the State Highway Dept. Officials would be in Seward for a meeting on Sept. 11. It was noted that the developemnt at the Jesse Lee Home by Last Frontier, Inc. had come to a complete standstill. It was the opinion of Council that the administration pursue the matter on the basis of default by the Corp. Clmr. McCloud noted that the barge on the eastside of the City Dock belonging to Martin Goreson was in a sunken condition. That it was necessary to double check the tariff being paid to the City for the use of the 4th Ave. Dock and that some tariff revenues would be lost to the City if Ray Anderson's proposal I I I 11 Page 11 REGULAR MEETING-AUGUST 25, 1975 VOLUME 17 was approved. Clmr. Dague noted that the Seward Jaycees would work on the First Lake project in the immediate future. He also inquired about the regulations concerning signs or billboards and the City Manager reported that he would have to check the status of regulations regarding signs. Clmr. Dague also inquired about the contract between the City and the State of Alaska for use of the 4th Ave. Dock as well as the contract with Northern Stevedoring and Handling Corp. for the use of the dock. Discussion followed and it was generally agreed that the contracts be delayed until after the election in order to determine what the outcome would be on the bond issue. Clmr. Lutz suggested that the administration work closely with the school advisory committee on supporting the bond issue for construction funds for the new Seward High School. Council suggested that the Seward Concept Plan be sent to members of the Assembly when it arrives from Seattle. Clmr. Oldow suggested that the boat lift be used between the boat lift dock and the north harbor parking area if at all possible. It was also noted that she sees no advantage in expanding the airport at the expense of the Alaska Railroad. Council discussion on the Lowell Point Road took place briefly and it was noted that several letters will have to be sent requesting the placement of the road on the State Highway System. Item 10- Resolutions, Ordinances and other Action items: Clmr. Lutz, seconded by Clmr. McCloud, moved to combine items 10-1, 10-3, 10-4 and 10-5 to be read by title only and to be acted on as one item for passage or moving to third reading. The City Manager read the following titles 10-1. Resolution No. 928, A RESOLUTION SUPPORTING THE APPLCIATION OF ALASKA AERONAUTICAL INDUSTRIES, INC., PERMIT FOR AIR ROUTE SERVICE TO SEWARD (see attached). 3. Ordinance No. 411, AN ORDINANCE REQUIRING REFUSE SERVICE. Second Reading (see page 7). 4. Ordinance No. 412, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REJECTING APPLICATION OF PUBLIC EMPLOYMENT RELATIONS ACT TO THE CITY OF SEWARD. Second Reading (see page 8). 5. Ordinance No. 413, AN ORDINANCE ACCEPTING A GRANT FROM THE STATE OF ALASKA OF $56,500.00 AND PROVIDING FOR THE APPLICATION FOR SAID FUNDS. Second Reading (see page 8). Motion passed unanimously. Item 11- Citizen's Discussion: None Item 12- Adjournment: Clmr. Lutz moved to adjourn. Mayor Neve' adjourned the meeting at 11:08 P.M. Richfd A. Neve' Mayor REGULAR MEETING-OF SEPTEMBER 8, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for September 8, 1975 was called to order by Vice-Mayor Hulm at 7:32 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Getman. Item 3- Roll was called Oldow, Getman and Lutz. Dague arrived late. and those present were Vice-Mayor Hulm, Clmr.'s Mayor Neve' and Clmr. McCloud were absent. Clmr. 12 Page 12 REGULAR MEETING-OF SEPTEMBER 8, 1975 VOLUME 17 Item 4- Approval of Minutes as presented or corrected for the meeting of August 25, 1975. Clmr. Lutz seconded by Clmr. Getman moved to approve the minutes as presented. Passed unanimously. Clmr. Dague arrives at this time. Item 5- Report of the Borough Assemblymen: None. Item 6- City Manager's Report: 1. The City Manager reported on the election calendar for 1975 and noted the only holdover seats were those occupied by Clmr. Lutz and Vice-Mayor Hulm. The City Manager also re- ported that Item 10-1, Resolution No. 929 should be eliminated from to- nights agenda because the property description was not obtained in time for incorporation in the lease document. Item 7- Communications: 1. A letter dated September 8, 1975 from the Seward School Advisory Board asking the City Council to adopt a Re- solution supporting the passage of the Seward High School/Gymnasium Bond Proposition. Signed Hope C. Noyes, Secretary. The City Manager reported the City and Chamber of Commerce share in the cost of publizing support for Proposition No.1. 2. A letter dated August 26, 1975 from the Dept. of Highways suggesting the removal contract for junk cars. Signed Donald E. Beitinger, Central District Right of Way Agent. 3. A letter dated September 26, 1975 from the the U. S. Coast Guard asking for space for a small support building. Signed P. A. Yost, Captain, U.S. Coast Guard. 4. A letter dated August 27, 1975 from the Seward Council on Alcoholism requesting support for the release of mental health monies held by the state. Signed Orrin Reistad. 5. A check in the amount of $11,256.80 from the Alaska State Housing Authority providing the disposition of ex- cess Disaster funds plus interst earned in Urban Renewal Project R-2l and closing the project. 6. A transmittal letter dated August 28, 1975 enclosing a check in the amount of $35,898.00 for the city's shared revenue entitlement. Signed John B. Chenoweth, Director, Dept. of Community and Regional Affairs. 7. A letter dated August 28,1975 from Jones, Grey and Bayley requesting the city hold back funds from Turbo Energy Systems Inc., until their client Seatronics Inc., has been satisfied. Signed Michael E. Andrews. Item 8- Citizens Discussion and Public Hearings: 1. Dale Lindsey inquired about the status of the Ordinance limiting construction of new tanks above ground and it was reported that Ordinance No. 414 would be presented for consideration at the next meeting. Lindsey noted the need to follow Environmental Protection Agency regulations as well as the State Dept. of Environmental Conversation rules in matters of this nature. It was requested the City Manager investigate the City's re- sponsibility in this particular area with the City Attorney. 2. Mr. Roy Roehl explained he was sorry not to have the lease documents for consideration at council this evening but it was noted some changes had been made at the request of the Planning and Zoning Commission and that the project was being advanced without speculation in mind. Item 9- Council Discussion: 1. Clmr. Oldow requested the status report on the Jesse Lee properties. The City Manager reported he did not yet have an opportunity to review the case file. Clmr. Oldow also, inquired about the status of the Alaska Flag Memorial Project. The City Manager indicated that the project had met with delay and that he was going to request the Alaska American Revolution Bicentennial Commission to extend the grant until early spring 1976. Clmr. Lutz noted the need to confiscate boats that are to be abondoned in the Small Boat Harbor and noted the need for collection and disposal of those that are not being cared for properly. It was also noted the City should receive the money owned on these boats. Clmr. Lutz also inquired about the status of television. It was reported that the Federal Communication Commission had yet to grant KENI TV per- mission to utilize their new tower facilites. In concluding his remarks Clmr. Lutz asked about the stop sign at Second and Jefferson. The City Manager reported he would follow up on it as quickly as possible. Clmr. Dague inquired about the status of the Chugach Electric Association contract. e CITY OF SEWARD e. .......... - __u_______~_ - ~~~- - -----~ ..--.--- .. - ....- .----.. -- ___ .__"____.. __ _____ _ _____m_ ------ ------- -------- I' , ,'\ ! ... ., P. O. BOX 337 . . SEWARD, ALASKA 99664 e CITY MANAr~LR ? 2 -4 52 I <1 C c; M P T R n L L f R :' :' 4 S 2 16 IN r I) R MAT I fJ 1'1 22 1 52 15 C I T Y POL I C r 7~4 5201 RESOLUTION NO. 928 WHEREAS, the City Council of the City of Seward, Alaska, recognizes the importance of air service in the continuing growth and expansion of the local economy, and WHEREAS, Alaska Aeronautical Industries, Inc., has made application for a Certificate of Author- ity to provide regularly scheduled air service between the cities of Anchorage and Seward, and WHEREAS, this application deserves prompt action by the Alaska Transportation Commission, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Seward, Alaska, that the application on file with the Alaska Transportation Commission on behalf of Alaska Aeronautical In- dustries, Inc., for route authority between Seward and Anchorage is hereby favorably endorsed. This Resolution takes effect immediately upon passage and approval. PASSED AND APPROVED this 25th day of August, 1975. ATTEST: Richard A. Neve' Mayor James R. Filip City Clerk-Treasurer I I I 1 .) .) Rage 13 REGULAR MEETING-OF SEPTEMBER 8, 1975 VOLUME 17 It was reported the contract was still pending a signature by Chugach it- self. Clmr. Dague also noted there should be a performance bond for cleanup on any items stored as a result of the Pipeline Equipment Transportation Project and the No Camper parking problem in front of the Breeze In Cafe was again commented on. Clmr. Getman inquired about the status of the Fourth of July Creek Annexation Project and the City Manager reported that it would be followed up on as soon as practicable after the 1975 General Municipal Election. The Manager also reported the engineer position had been readvertised in several magazines and the applications were expected in the immediate future. Council discussion was concluded when it was agreed to hold a work session with the Chief of Police to discuss vand- alism and methods to control disorderly conduct in the community on Monday evening September 15, 1975, at 7:30 P.M., in the Council Chambers. Item 10- Resolutions, Ordinances and other Action Items: 1. Resolution No. 929 deleted by common consent. 2. Ordinance No. 411 (see page 7) AN ORDINANCE REQUIRING REFUSE SERVICE. Third and final reading. Clmr. Getman seconded by Clmr. Oldow moved to adopt Ordinance No. 411. Clmr. Getman seconded by Clmr. Dague moved to amend "Alaska Transportation Commission" to read "Alaska Public Utility Commission," in Ordinance No. 411. The main motion to adopt Ordinance No. 411 as amended passed unanimously. 3. Clmr. Lutz seconded by Clmr. Getman moved to read Ordinance NO. 412, (see page 8) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA REJECTING APPLICATION OF PUBLIC EMPLOYMENT RELATIONS ACT TO THE CITY OF SEWARD and Ordinance No. 413, (see page 8) AN ORDINANCE ACCEPTING A GRANT FROM THE STATE OF ALASKA FOR $56,500.00 AND PROVIDING FOR THE APPLICATION FOR SAID FUNDS, BY TITLE ONLY. The City Manager read Ordinance No. 412 and 413, by title only. Clmr. Getman seconded by Clmr. Lutz moved to adopt Ordinance No. 412. Motion passed with Vice-Mayor Hulm voting "no." 4. Clmr. Getman seconded by Clmr. Oldow moved to approve Ordinance No. 413. Motion passed unanimously. 5. Resolution No. 930, (see attached) A RESOLUTION SUPPORTING PROPOSITION NO.1, APPROVING BONDS FOR THE NEW SEWARD HIGH SCHOOL. Clmr. Dague seconded by Clmr. Lutz moved to approve Resolution No. 913 by title only. Passed unanimously. Item 11- Citizens Discussion: 1. Mrs. Karen Swartz noted the need for more lighting in the alleys and suggested residents pay $5.00 a month to provide yard lighting in dark areas. 2. Mrs. Pat Williams noted the need to cut the alders on 7th Avenue since they restrict the view and Mr. Herman Leirer noted the city may need a mowing machine to clear alders away from intersections in the community. 3. Vice-Mayor Hulm suggested that the pipe at the Small Boat Harbor parking lot would be suitable to discourage campers from parking in a restricted area. Item 12- Adjournment: Clmr. Lutz moved to adjourn. Vice-Mayor Hulm adjourned the meeting at 9:34 P.M. 14 PAGE 14 VOLUME 17 REGULAR MEETING-SEPTEMBER 22, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for September 22, 1975 was called to order by Vice-Mayor Hulm at 7:32 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Getman. Item 3- Getman, absent. Roll was called and those present were Vice-Mayor Hulm, Clmr.'s McCloud, Lutz and Oldow. Mayor Neve' and Clmr. Dague were Item 4- Approval of Minutes as presented or corrected for the meeting of September 8, 1975. Clmr. Lutz seconded by Clmr. Getman moved to approve the minutes as presented. Passed unanimously. Item 5- Report of the Borough Assemblymen: 1. Clmr. Lutz reported the Borough Assembly had passed several ordinances including one for appro- priating the surplus from sales taxes, another regarding a refunding bond issue for general obligation school bonds and a fund transfer for the North Peninsula Recreation Service area. Clmr. Lutz also reported that the Russian Village School construction contract had been awarded. Item 6- City Manager's Report: 1. The City Manager reported that if Council had no objection he proposed to go on annual leave from October 14, 1975 through October 27, 1975 and suggested that the City Council cancel the meeting for October 28th, the manager noted that that week was taken up by the Alaska Municipal League convention and that trying to coordinate both the council meeting and attendance at the league could create schedule problems. There was no objection to the Manager's taking annual leave as noted and to canceling the meeting as suggested. 2. The Manager reported that the Jesse Lee Home Deve- lopment Contract could be considered to be in default and that if council had no objection he would work with the city attorney in drafting the necessary documents to declare the project in default and to proceed as necessary. Council had no objection to this approach. 3. The City Manager introduced attorney Kenneth P. Jacobus represent- ing the firm of Hughes, Thorsness, Lowe, Gantz and Powell and noted Mr. Jacobus was present to assist council as required. Item 7- Communications: 1. A letter dated September 18, 1975 from Clary Insurance Agency noted it was not wise to include the local physicians under the city's malpractice policy. Signed Frederick D. Lammers. 2. A letter dated September 8, 1975 from the Kenai Pen- insula Borough transmitting the names of the election judges to be participating in the October 7, 1975 municipal election. Signed Frances Brymer, Borough Clerk. 3. A letter dated September 19, 1975 from Mr. Carl Teuber requesting to participate in the hearing before the City Council regarding his termination. Signed Carl L. Teuber. 4. A letter dated September 19, 1975 from Mr. Foster Singleton re- questing a hearing before the City Council regarding his termination. Signed Foster Singleton. Council had no objection to proceeding with the Public Hearing and scheduled a meeting for September 29, 1975 to hear both correspondents. 5. A letter dated September 17,1975 from the Kenai Peninsula Borough noting that payment of taxes for 1974 and 1975 would have to be paid by Mr. & Mrs. Clemens before the replat of Lot 1, 7 and 8 could be completed. Signed Carolyn Thompson, Planning Technician. 6. A letter dated September 9, 1975 from the Legislative Affairs Agency, noted that a meeting of the Coastal Zone and Fisheries Subcommittee of the State Senate would be meeting on September 24, 1975 at the Borough building in Soldotna. Signed Joel F. Bennett, Legislative Council. 7. A letter dated September 11, 1975 from the Alaska State Housing Authority noting that a check I I I ::"' f ..it 15 PAGE 15 REGULAR MEETING-SEPTEMBER 22, 1975 VOLUME 17 in the amount of $11,256.80 represented excess disaster funds plus accrued interest and that these funds are to be returned to the Urban Renewal projects for utilization as provided by a prior agree- ment with the State of Alaska for grant funds. Signed Bill Miles, Executive Director. Item 8- Special Presentation: Mr. Frank McIlhargey, Director of Overall Economic Development Program noted that Seward had been active in the past in the work of the Overall Economic Development Committee and suggested the City Council appoint two committee members to represent the area at their next regular meeting. McIlhargey reported that the present members serving from the Seward area were Mr. Jack Werner, Mr. R. W. Kirkpatrick, Mr. Don Gilman, representing Education and Manpower training and Mr. John Torgerson, representing the timber industry. Council questioned Mr. McIlhargey regarding the possibility of obtain- ing funds for the Lowell Point Road and Mr. McIlhargey responded that he thought the engineering problems on the road would be great and that it would result in excessive engineering cost which would prohibit the project. 9- Citizens Discussion and Public Hearings: 1. Mrs. Lola N. Smith opposing the authorization of temporary quarters and the use of the property for a private school on Lots RR and GG, in Forest Acres. Acting Mayor Hulm opened the discussion period'by recognizing Mrs. Smith. Mrs. Smith suggested that the council rescind the action taken by the Planning and Zoning Commission in giving a permit for the use of tem- porary quarters on the lots in question and asked the City Manager to explain the regulations regarding trailers in the city. The City Manager responded to the request by quoting that trailers are authorized in con- nection with a properly issued building permit for a period up to 90 days. He reported that the Planning and Zoning Commission had been given the question of utilizing the trailer for an extended period and had approved the request. Mr. Paul Pichotta representing the Seward Chapel noted the land was being cleared at the present time and that there would be no liv- ing quarters in the facility proposed to be used in Forest Acres. Mr. Pich- otta reported that a school would be started at the site in the future. The City Manager reported that the permit had provided for the temporary use of a mobile unit for church purposes and that no mention of a school was contained in the motion by the Planning and Zoning Commission. Mr. Pich- otta expressed concern about not being able to put the school in this area but it was stated in the ordinance that while a church is permitted in the R-l zone no mention of a school is made except under lands con- sidered to be public land or institutional land. It was noted that the ordinance would have to be changed or the area rezoned in order to accom- modate a school facility in the location. The city attorney concurred in this review and noted that the Seward Chapel is not authorized to build or operate a school at the location in question. Council member Lutz seconded by Clmr. Getman moved to uphold the Planning and Zoning motion on the Seward Chapel and to allow temporary quarters as provided in their original consent. Motion passed unanimously. 2. Mr. Martin Goresen noted that he was objecting to the proposal to close the bars at an earlier time. He suggested that additional waste containers were necessary for special events and that the community is the cleanest city in the state. Mr. Goresen also complained about inaction by the Police Department in regard to contamination of salt and pepper in his place of business by persons who adulterated them with a narcotic substance. 3. Mr. Oscar Johnson noted that the streets in the main part of town were littered with junk and broken bottles. Item 10- Council Discussion: along 7th Avenue be cut back Motel also created a problem noted that the one year term 1. Clmr. Oldow suggested that the alders and that the alders behind the Marina to motorists in the area. 2. Clmr. Lutz for council had not been filed for and ~ ' 10 PAGE 16 VOLUME 17 REGULAR MEETING-SEPTEMBER 22, 1975 the city attorney reported it would be filled by the highest vote getter on the October 7th Municipal Election ballot. Clmr. Lutz also noted disagreement about the crime rate that was commented on by Mr. Goresen and suggested that the community was not all that "clean." 3. Clmr. McCloud asked about the wharfage being charged to Tesoro for fuel deliveries over the dock and asked for an accumulation of charges to date be reported on as well. 4. Clmr. Getman noted that Coastal Zone Management was very important and suggested if possible he and Clmr. Lutz would attend the meeting reported on in Soldotna. It was questioned whether Seward could enact a Coastal Zone Management plan of its own and that this would be one question they would attempt to answer from their visit. 5. Clmr. Hulm noted that much cargo from the Orient was arriving in Seward and that perhaps a customs official could be appointed locally to assist in handling this work. Hulm also requested that the city draft a resolution supporting the dredging on the east side of the Alaska Railroad Dock to enhance its utilization. Item 11- Resolutions, Ordinances and other Action Items: 1. Resolution No. 929, A RESOLUTION ACCEPTING THE BID OF CHUGACH DEVELOPMENT CORP. AND PROVIDING FOR THE USE OF CERTAIN PROPERTY. Mr. Bruce Massey explained the project indicating that it would be used for a motel, restaurant and lounge and also reported the area had been reduced in response to wishes expressed by members of Planning and Zoning and Harbor Commissions. Council member Lutz seconded by Clmr. Getman moved to adopt Resolution No. 929. Passed unanimously. 2. Ordinance No. 414, AN ORDINANCE DETERMINING THE LOCATION FOR FUTURE CONSTRUCTION FOR BULK PETROLUEM AND STORAGE TANKS WITHIN THE CITY OF SEWARD. First reading. The City Manager read Ordinance No. 414 in full. Clmr. Hulm noted his objection to the ordinance proposed and could not find an environmental hazard in small tanks. Mr. Dale Lindsey indicated that if Standard Oil must comform to existing regulations than other fuel suppliers must do the same. The city attorney in response to a question if the city would be liable. Reported that the law in this area is not clear and that pending the outcome of certain cases before the surpreme court he could say it was his opinion the city was not liable at the present time for not enforcing all of the existing federal and state regul- ations which would apply to fuel tank installations. Clmr. McCloud seconded by Clmr. Getman moved to approve Ordinance No. 414, on first reading and to ad- vance it to second reading. Motion passed with Vice-Mayor Hulm voting "no." 3. Approval of license agreement for Seward Municipal Small Boat Harbor Dock for Seward Fisheries. The dock license was read by title only. Clmr. Getman objected to the passage of the license because it did not provide for funds to the municipality for this use. Clmr. Lutz seconded by Clmr. Oldow moved to approve the License Agreement as presented. Motion passed four to one with Clmr. Getman voting "no." Item 12- Citizens Discussion: None. Item 13- The City Council recessed to executive session to discuss a matter relating to the finances of the municipality. After extensive discussion in executive session the regular meeting was reconvened at 11:25 and the claim of Marsyd Clay was presented to council for action. Clmr. Oldow seconded by Clmr. McCloud moved to deny the claim of Marsyd Clay as presented. Motion passed unanimously. to adjourn. Vice-Mayor Hulm ~ Bernard C. Vice-Mayor .1_ CITY OF SEWARD, ALASKA ~ RESOLUTION NO. 929 A RESOLUTION ACCEPTING THE BID OF THE CHUGACH DEVELOPMENT CORPORATION, AND PROVIDING FOR THE LEASE OF CERTAIN PROPERTY. WHEREAS, the Seward City Council finds that it is in the pUblic interest to accept the bid of the Chugach Development Corp- oration dated August 18, 1975, to construct a forty-five (45) unit motel complex. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The bid of the Chugach Development Corporation to lease property and construct a forty-five (45) unit motel upon it is hereby accepted, and the City Manager is authorized and directed to execute the attached lease, providing for the lease of certain property to the Chugach Development Corporation. Section 2. This resolution shall become effective thirty (30) days after adoption, passage, and posting, in accord with Sections 2-81 through 2-85 of the Seward City Code of Ordinances. PASSED N~D APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 2.2rid day of September, 1975. CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: By Is/Richard A. Neve' Mayor Getman, McCloud, Hulm, Lutz and Oldow non e Neve' and Dague HUGHES, GANTZ & for the . . .' CITY - OF SEWARD . ~ , 4~;' 'f l'11J t.; JII'. O. .OX 3.7 CITY MANAGER COMPTROLl E R INfORMATION CITY POLICE 224-5214 224 -5216 224-5215 224-5201 t', f.; ~~ ~ ~,., , \~ SEWARD, ALASKA 99664 ~;; (, i; ..... " ~~ RESOLUTION NO. 930 WHEREAS, Kenai Peninsula Borough voters will be given an opportunity to vote on Proposition No. 1 at the October 7th election. and WHEREAS, funds from this bond issue will be used for the purpose of constructing a new Seward High School, and WHEREAS, these facilities are necessary for im- proved educational opportunities for the pupils and to provide for projected future growth in the community, I:: i ~. ~. tr ~:..: .: ~ ,., ( NOW, THEREFORE, BE IT RESOLVED by the Conmon Council of the City of Seward, Alaska, that all Peninsula voters are encouraged to vote on Octo- ber 7th and to vote "YES" on Proposition 1, and BE IT FURTHER RESOLVED that copies of this Reso. lution be sent to the cities of Homer, Kenai, Seldovia and Soldotna with the request the res- pective City Councils also endorse the passage of Proposition No.1. This Resolution is effective upon passage and approval. PASSED AND APPROVED this 8th day of September, 1975. --- l !' IslRichard A. Neve' Richard A. Neve' f I J f I F I t ~ ~ I I I 17 Page 17 VODUME 17 SPECIAL MEETING-SEPTEMBER 29, 1975 Item 1- A Special Meeting of the Common Council of the City of Seward, Alaska, for September 29, 1975 was called to order by Mayor Neve' at 7:31 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Oldow. Item 3- Roll was called and those present were Mayor Neve', Clmr's Lutz, Getman, Dague, Oldow and McCloud. Clmr. Hulm was absent. Item 4- Personnel Hearing regarding the termination of Mr. Foster Singleton and Mr. Carl Teuber. By agreement an informal court room procedure was to be followed. The City was to make its presentation first to be followed by presentations from representatives of Mr. Teuber and Mr. Singleton. The hearing was agreed by all parties to be public and individuals making statements at the meeting were as follows. Lieutenant Milton Olson, Seward Police Department, Marshall McManus, Chief of Police Louis Bencardino, Henry C. Olson, Foster Singleton, Carl Teuber and City Manager James R. Filip. Also present at the hearing was Mr. Kenneth P. Jacobus, representing the City of Seward, Mr. A. Lee Peterson, representing Mr. Teuber and Mr. Vince Varness, Alaska Public Employee Association, representing Mr. Foster Singleton. Mr. A. Lee Peterson requested the City Council reinstate Mr. Carl Teuber, as Harbor Master and make a public announcement regarding the action and that the Harbor Master then be given the right to select his own staff. Mr. Vince Varness noted that the termination of Mr. Foster Singleton was extreme and that a letter of reprimand would be all that would be warranted by the circumstances of the incident. Following the conclusion of the testimony Council agreed to hold a special meeting on Thursday, October 2, 1975 to render a decision on the matter. At the conclusion of the meeting Mr. Kenneth P. Jacobus representing the City of Seward noted that he would file on behalf of the City a statement with the Public Utilities Commission objecting to the proposal that the municipality pay a sum in lieu of taxes to the Kenai Peninsula Borough. to come before the Council. Council The meeting adjourned at 12:54 A.M. ~~ A ,;t/~ Richard A. Neve' Mayor ----------------------------------------------------------------------------------- SPECIAL MEETING-OCTOBER 2, 1975 Item 1- A Special Meeting of the Common Council of the City of Seward, Alaska, for October 2, 1975 was called to order by Mayor Neve' at 7:31 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Lutz. Item 3- Roll was called those present were Mayor Neve', Clmr.'s McCloud, Getman, Lutz, Hulm, Oldow and Dague. ]t) Page 18 VOLUME 17 SPECIAL MEETING-OCTOBER 2, 1975 Item 4- Mayor Neve' reported the City Council had not had an opportunity to discuss the recent termination of Mr. Foster Singleton and Mr. Carl Teuber and would do so in executive session. Members of the Council retired to executive session at 7:33 P.M.. At 8:29 P.M., members of the Council reconvened and Mayor Neve' read the following statement. "The City Council unanimously agrees that the City Manager acted in defense of the public trust by dismissing the employees suspected of violating the public trust. It is the responsibility of the City Manager to act swiftly when there is an apparent violation of the public trust. The Council does not take exception to that action. It is clear that lawful ordinances and proper procedures were not followed by the employees involved. However, inview of the fact the situation is still not clear the Council directs reinstatement of the three employees pending the completion of the investigation." to approve this statement Lutz moved to adjourn. Mayor Neve' adjourned me's. ,~. FilIp". ( ,~Y',Maria1\8f..., >il) .~. . .<t. ....... c_<' /./ , , .'1" _ . t:.;-.~} "1' , 'i" r,'- r'". ,4 -. "-.... \.,It" t'\.", ,..rJ.;-.f Q'0.~ KdJlct1l~ Richard A. Neve' Mayor SPECIAL MEETING-OCTOBER 8, 1975 Item 1- Call to Order: Mayor Neve' called to Order the Special Meeting of the City Council at 4:05 P.M., in the Council Chambers. Item 2- The Opening Ceremony was omitted. Item 3- Roll Call: Neve', Clmr's Hulm, Getman were absent. Roll was called and those present were Mayor Oldow and Lutz. Clmr's McCloud, Dague and Item 4- The City Manager reviewed the procedure by which ballots were to be canvassed and opened. He reported that ballots from Mr. Joe Suddath, Mr. Dane Amos, Mrs. Barbara Amos, Mr. John Gillespie, Mrs. Linda Karges, Mr. Bill McDonald, Mr. Robert Carpenter, had been reviewed and were considered to be accept- able and should be allowed voted. The ballots of Mr. Daniel Greer and Mr. Rita Greer were disallowed on the basis of non- residency. Council had no objection to the determination of the City Manager and a total of thirty-six (36) absentee and questioned ballots were allowed to be counted. Members of the City Council removed the identification envelopes, shuffled the ballot envelopes and proceeded to open them. The results of the absentee balloting were recorded and members of the Council reviewed the poll book, election materials and registration lists from precinct one and two. The count from precinct one and two and the absentee ballots are as follows: Mayor Precinct 1 Precinct 2 Absentee Total R. F. Richardson 61 97 13 171 IV Page 19 SPECIAL MEETING-OCTOBER 8, 1975 VOLUME 17 Write In Candidates Richard A. Neve' 117 166 13 296 John Gillespie 1 0 0 1 Eugene Skinner 1 0 0 1 I Robert Lutz 0 1 0 1 Bernard Hulm 0 1 0 1 Frank Dieckgraeff 0 1 0 1 Council 2 Year Term John Gillespie 99 128 12 239 Frederick Lammers 60 112 12 184 Byrl A. Getman 67 87 8 162 G James Dague 117 165 19 301 Pamela F. Oldow 114 157 19 290 William C. Vincent 81 134 15 230 Write-In Candidates Frank Dieckgraeff 6 10 0 16 Richard Tarpey 0 1 0 1 Council 1 Year Term Write-In Candidates Only Frank Dieckgraeff 51 121 8 180 John Torgerson 1 0 0 1 Pat Williams 10 2 2 14 I Brent Whitmore 1 0 0 1 Chester Thorn 3 5 1 9 Donna Kowalski 2 13 0 15 Dick Neve' 1 1 0 2 Frederick Lammers 1 3 1 5 John Gillespie 6 8 1 15 William Vincent 2 2 3 7 Marvin Crisp 1 0 0 1 Jack hlerner 1 0 0 1 G. James Dague 2 5 0 7 Earl Skinner 2 0 0 2 Byrl Getman 2 3 0 5 C. Keith Campbell 1 0 0 1 Pamela Oldow 0 2 0 2 Willard Dunham 0 0 1 1 Dean Williams 0 1 1 2 Robert Lutz 0 2 0 2 Dick Hultberg 0 1 0 1 Monty Richardson 0 2 0 2 Lola Smith 0 1 0 1 William Saindon 0 1 0 1 Marilyn Pollard 0 1 0 1 Donald McCloud 0 3 0 3 Margaret Pollard 0 1 0 1 Ruth McHenry 0 2 0 2 I Bill Casey 0 1 0 1 Seward Shea 0 1 0 1 P. Henry 0 1 0 1 Borough Assemblyman Three Year Term Robert J. Lutz 155 234 25 414 ")( \ - ) Page 20 SPECIAL MEETING-OCTOBER 8, 1975 VOLUME 17 Ralph Hatch 1 0 0 1 John Gillespie 1 0 0 1 Frank Dieckgraeff 1 2 0 3 Bernard Hulm 0 2 0 2 William Vincent 0 0 2 2 Proposition NOS. Precinct 1 Precinct 2 Absentee Yes/No Proposition No. 1 108 140 18 Yes 266 68 123 11 No 202 Proposition No. 2 117 153 19 Yes 289 54 101 10 No 165 Proposition No. 3 76 109 15 Yes 200 110 164 16 No 290 Proposition No. 4 105 167 16 Yes 288 76 103 14 No 193 Proposition No. 5 135 213 26 Yes 374 24 31 2 No 57 Proposition No. 6 139 215 25 Yes 379 48 59 7 No 114 Proposition No. 7 149 192 24 Yes 365 35 69 9 No 113 Proposition No. 8 80 135 14 Yes 229 100 128 16 No 244 Item 5- Mayor Neve' seconded by Clmr. Hulm moved to declare the results of the 1975 General Municipal Election Official and to declare elected Mayor Richard A. Neve' , Councilmembers G. James Dague, John F. Gillespie and Pamela F. Oldow for the two year term, Council one year term Frank Dieckgraeff and Borough Assembly term Robert J. Lutz. Motion passed unanimously. Mayor Neve' seconded by Clmr. Hulm moved to declare passage of Proposition No.1, 2, 4, 5, 6, and 7, and to declare failed Proposition No.3 and 8. Motion passed unanimously. (see attached sample ballots. Clmr. Hulm moved to adjourn. Mayor Neve' meeting at 5:14 P.M. lUrk} A- j1/ul' Is/Richard A. Neve' Richard A. Neve' Mayor " I I I 2 I Page 21 REGULAR MEETING-OCTOBER 13, 1975 VOLUME 17 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for October 13, 1975 was called to order by Mayor Neve' at 7:31 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Dague. Item 3- Roll was called and those present were Mayor Neve', Clmr.'s Oldow, Lutz, Dague, McCloud, Hulm and Getman. Item 4- minutes October Clmr. Lutz seconded by Clmr. McCloud moved to approve the presented for the meetings of September 22, September 29, 2, and October 8, 1975. Passed unanimously. Item 5- Swearing in of Mayor and Councilmembers elect. The City Manager administered the Oath of Office to Mayor elect Richard A. Neve', Council- members elect G. James Dague, Frank Dieckgraeff, Pamela F. Oldow and John F. Gillespie and Borough Assemblyman elect Robert J. Lutz. Mayor Neve' presented certificates of election to the members of council and they took their seats in accordance of law. Item 6- Roll was called those present were Mayor Richard A. Neve', Clmr.'s G. James Dague, Frank Dieckgraeff, Pamela F. Oldow, Bernard C. Hulm, Robert J. Lutz and John F. Gillespie. Item 7- Communications: 1. An invitation to attend a coffee break with members of the Resurrection Bay Historical Society was read and Mayor and Councilmembers agreed to meet in the museum later in the evening. Mrs. Pat Williams reported on the status on the Resurrection Bay Historical Society and invited members of t~audience to participate in Historical Society functions in the future. Item 8- Citizens Discussion and Public Hearings: 1. Mrs. Ruth McHenry asked that the council consider holding controversial items over the floor so that the public could be better informed. She also noted that the council at times could not be heard in the rear of the room and thought that the council should p&y attention to citizens discussion at each meeting. 2. Mrs. Alice Ainsworth noted that three weeks had passed and there had yet been no word from Senator Kerttula regarding work on the Lowell Point Road.' She wanted an answer and none was forthcoming at the present time. Mayor Neve' offered to contact Senator Kerttula in an effort to move the project along. Item 9- Council Discussion: 1. Clmr. Oldow suggested to council the possibility of adding a City Clerk to help the administration, to consider a one percent (1%) sales tax after suitable public hearings and to proceed on Fourth of July Creek Annexation. Clmr. Oldow also inquired about the Amax contact. The City Manager reported letters had gone forward to Amax representatives earlier in the week. 2. Clmr. Lutz noted that the country was facing an energy crisis and that Seward should consider the possibility of pursuing indurstries like Amax that offered a long term approach to growth in the community as opposed to short term industries. Clmr. Lutz indicated we should consider the Amax proposal if it comes our way. 3. Clmr. Dague inquired about the status of the Jesse Lee Home and it was reported that a letter regarding default had gone out to the developers from the city attorney's office. He also inquired about the sealcoating of streets and it was reported that this project was delayed until next year. 4. Clmr. Hulm inquired about the possibility of establishing a customs office in Seward and the Manager reported that a letter to the Anchorage office had been sent. Clmr. Hulm also reported that the ex- tension of the Law Enforcement Assistant Administration Grant Program was in difficulty and needed letters of support from the city to continue its operation. 5. Clmr. Gillespie noted the need to investigate extension of Fourth Avenue to the old Airport Road in view of the congestion at the corner of the Seward Highway during the shift changes of the dock. Clmr. Gillespie also noted that the Louisiana Pacific stack burner was smoking too much and that this should not be allowed to continue. It was reported the Kenai Peninsula Borough had air pollution control authority and Clmr. Lutz ~:2 Page 22 REGULAR MEETING-OCTOBER 13, 1975 VDLUME 17 agreed to explore this possibility with Borough Representatives in the immediate future. 6. Clmr. Dieckgraeff noted that ditch lines should be pulled and culverts washed before freezing took place. 7. Mayor Neve' agreed it was necessary to look at the possibility of hiring a City Clerk. He also noted that he would like to invite Mr. Beazley from Mobile Oil to discuss impact on the community and Mr. Sassara from Foster & Marshall to discuss the possibility of funding future Public Works Projects. Item 10- Resolutions, Ordinances and other Action Items: 1. Resolution No. 930, (see attached) A RESOLUTION SUPPORTING DREDGING AT THE ALASKA RAILROAD DOCK. Clmr. Dague seconded by Clmr. Lutz moved to adopt Resolution No. 930. Passed unanimously. 2. Resolution 931, (see attached) A RESOLUTION PROVIDING FOR CHECK SIGNING AUTHORITY. Clmr. Hulm seconded by Clmr. Oldow moved to approve Resolution No. 931. Passed unanimously. 3. Approval of an agreement with the Alaska Railroad to provide for security services at their property. The City Manager read the proposed contract in full. Clmr. Dague seconded by Clmr. Dieckgraeff moved to approve the contract as presented. Passed unanimously. 4. Approval of Authorized Games of Chance and Skill for Seward Women's Bowling Association. Clmr. Hulm seconded by Clmr. Oldow moved to authorize approval of the permit. Passed unanimously. 5. Ordinance No. 414, (see page 16) AN ORDINANCE DETERMING THE LOCATION FOR FUTURE CONSTRUCTION OF BULK PETROLEUM OR STORAGE TANKS WITHIN THE CITY OF SEWARD. Second reading. The City Manager read Ordinance No. 414 in full. Clmr. Hulm expressed the opinion that he would have to vote against the ordinance until one was presented which all could agree on being proper. Clmr. Dague seconded by Clmr. Oldow moved to approve Ordinance No. 414, on second reading and to advance it to third and final reading. Motion passed with Clmr.'s Dieckgraeff and Hulm voting "no." 6. Ordinance No. 415, (see attached) AN ORDINANCE AMENDING THE SEWARD CODE TO PROVIDE FOR AN INCREASE IN GARBAGE COLLECTION RATES. On the consent of council Ordinance No. 415 was postponed until November 10, 1975. 7. Appointment of members to the Overall Economic Development Planning Committee. Clmr. Hulm seconded by Clmr. Lutz moved to appoint Jack Werner, R. W. Kirkpatrick, Don Gilman and John Torgerson to the committee. Passed unanimously. Item 11- Citizens Discussion: 1. Mrs. Beverly Dunham suggested the city arrange to do a census in order to improve the money the city receives from revenue sharing sources. 2. Mrs. Marlene Neve' noted there may be loop holes in the Alaska Railroad contract. The City Manager reported the contract would be checked by the city attorney before signing. 3. Mr. Wayne Heinbaugh asked for and received agreement from council to meet with him privately following this evenings meeting. 4. Mrs. Carol Bennie reported that the city council should consider a full page ad re- garding the special election for passage of a sales tax and if the Jesse Lee Home problem had not been resolved at that time to put this deposition of that property on a ballot as well. Mrs. Bennie also suggested that the agenda be published in the paper on Thursday before the meetings and there was no objection to this proposal. 5. Mr. Herman Leirer noted that the council should proceed slowly on dock construction since the cost of amortization of principal and interest on such a facility could be extreme. He also noted there was a need to proceed with caution on proposed Sewage Treatment Plant construction because of the possibility of getting the wrong type of facility. r;::- ':; ", '.... It. ~'~2~~,' djou~n~;: Clmr. Dieckgraeff moved to adjourn. Mayor Neve' (~lirre,d,1;.~'i~~~~~ meeting at 10:18 P.M. ."" fl' "'~, ;.' 1/ /')) . " '-:., ',~~i " fUJ AJNW' Richard A. Neve' Mayor ~ ~ RESOLUTION NO. 930 WHEREAS, the City of Seward offers a natural gateway to the population center of the State of Alaska, and WHEREAS, the City of Seward is the site of the southern terminus of road and rail connections to the central and interior portions of the State, and WHEREAS, recent development of oil exploration and construction activities has been manifested by a sharp increase in shipping at the Port facilities in Seward operated by the Alaska Rail- road and at a smaller facility operated by the City itself, and WHEREAS, the City desires to improve shipping by supporting the proposed dredging activities anticipated by the Alaska Railroad, NOW, THEREFORE, BE IT RESOLVED by the COlll1llOn Council of the City of Seward, Alaska, that copies of this Resolution be sent to the District Engineer, Alaska District, Corps of Engineers and to the General Manager, Alaska Railroad, requesting their mutual cooperation in developing a revised plan of dredging to permit deepening of the channel along the East side of the Alaska Railroad dock at Seward. This Resolution is effective upon passage and approval. PASSED AND APPROVED this day of October, 1975. Richard A. Neve' Mayor ATTEST: l. James R. Filip, City Clerk-Treasurer > ,~ , ,~ 'f , ), ~ .~ e ~ RESOLUTION No. 931 BE IT RESOLVED, that all Resolutions conflict herewith are hereby rescinded, and BE IT FURTHER RESOLVED, that any two of the following signatures shall appear on all checks, drafts, notes or orders drawn against the below captioned accounts maintained by The City of Seward, Alaska. James R. Filip, City Manager Burton W. Baugh Comptroller Richard A. Neve' Mayor Accounts: 1. City of 2. 3. 4. 5. 6. Seward -General Fund -1962 Series Water Department Bond Reserve & Redemption Acct. -1953 Series Water Department Bond Reserve & Redemption Acct. -Electric Department Bond Reserve & Redemption Acct. -1965 General Obligation Street Improvement Bond and Interest Sinking Fund Acct. -1967 Small Boat Harbor Improvement General Obligation Bond & Interest Sinking Fund Acct. (National Bank of Alaska, AnchorageJ This Resolution shall be effective on October 14 1975. Passed and approved by the City Council of the City of Seward, Alaska, this 14 day of October, 1975. " Richard A. Neve' Mayor James R. Filip, City Clerk-Treasurer Received by First National Bank of Anchorage, Seward Branch, this October 1975. day of By: Title: Received by the National Bank of Alaska, Anchorage, Alaska, this October 1975. day of By: Title: ~ I I I ,,) -) ..,.) PAGE 23 VOLUME 17 REGULAR MEETING-NOVEMBER 10, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for November 10, 1975 was called to order by Mayor Neve' at 7:32 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Gillespie. Item 3- Roll was called and those present were Mayor Neve', Clmr. 's Hulm, Dieckgraeff, Dague, Oldow, Gillespie, Lutz and Jr. Mayor Nord. Item 4- Approval of Minutes. A correction was made in Item 9-1, of the meeting of October 13, 1975 in line 4, after the word "creek" insert the vlOrds "Lowell Point and up to Mile 12 annexations." Clmr. Dague seconded by Clmr. Hulm moved to approve the minutes as corrected. Passed unanimously. Item 5- The City Manager introduced Mr. Paul Pinard of the Corps of Engineers, who then presented his report on Resurrection/Salmon Creek for purposes of Flood Control. Mr. Pinard indicated his visit was to provide information and technical services regarding the Flood Plain Information Study. Responding to the suggestion that Resurrection River be dredged and amored, Mr. Pinard indicated that it was unlikely that this work could be economically just- ified since the Corps of Engineers worked on a strict benefit cost ratio system. Item 6- Report of the Borough Assemblyman: 1. C1mr. Lutz reported that Mayor Gilman had been sworn in at the last meeting of the Borough Assembly and that he had been elected Vice President of the Borough Assembly. Clmr. Lutz noted that ordinances that affected the City of Seward were introduced. Ordinance 75-52. REGARDING THE REZONING OF BLOCK 25 and 26, and noted that this had been withdrawn on request. The other two Ordinances were 75-54, REZONING OF SECTION 16, TlSRlW, USS1806, and Ordinanee 75-55, REZONING OF Lot 7 through 10, Block 18, Federal Addition. These Ordinances will be held for Public Hearing on December 2, 1975. Item 7- City Manager's Report: 1. The City Manager reported the Coastal Zone Management Hearing would be held in Seward in the Council Chambers at 11:00 A.M., on November 24, 1975 and invited anyone present who desired to attend to do so. The Manager also reported he had met with Mr. Charles Rogers of Sun Oil Co. and Mr. Rogers had indicated to him that he would be visiting Seward once again and meeting with the City Council to make plans for future work in connection with the Outer Continental Shelf Exploration activities. The Manager asked for and received approval to go on annual leave as well as to attend the International City Manager's Association West Coast Officers Meeting and the Alaska Municipal League Labor Management Relation Service Seminar during the latter part of next week. The Manager concluded his report by noting that Mr. George T. Savryer of Seward had been appointed Harbor Master. Item 8- Communications: 1. A letter dated October 15, 1975 from the Alaska Court System suggesting an increase in Magistrate fees is appropriate since they have not increased for some 15 years. Signed Richard P. Barrier, Manager of Fiscal Operations. 2. A letter dated November 4, 1975 from the Alcoholic Beverage Control Board submitting an applieation for renewal of a club license for the Elks Lodge #1773. Signed A. A. Lee Young, Records & Licensing Supervisor. Council had no obiection to the issuance of this license. 3. A letter dated November 5, 1975 from the Alaska District Corps of Engineers suggesting that Lowell Creek Flood Control Works was approved for nomination to the National Register of Historic Places. Signed Lee Chme1ik, Public Affairs Office. 4. Public Notice No. NPA 75-153, from the Alaska District Corps of Engineers reporting that the University of Alaska proposed certain work in conjunction with its site at the south end of town. 5. A letter dated November 5, 1975 from the U. S. Environmental Protection Agency suggesting that the city is behind in its proposed Sewage 2-1- PAGE 24 REGULAR MEETING-NOVEMBER 10, 1975 VOLUME 17 Treatment Plans and Specifications and that immediate steps should be taken to prevent further delays. Signed Lloyd A. Reed, Chief, Water Compliance & Permits Branch. 6. A letter dated October 20, 1975 from Amax Engineering and Management Services Company suggesting that Seward and Whittier have been picked as being suitable for construction of their facilities but that the final decision would depend on a number of considerations yet to be made. Signed Bruno C. Boik, Executive Vice President. 7. A letter dated October 20, 1975 from the University of Alaska reporting that the legislature had authorized an Alaska Electric Power Study and requests local assistance in continuing this program. Signed Kent Miller, Study Coordinator. 8. A letter dated October 28, 1975 from the U. S. Customs Service of Anchorage suggesting that Seward does not have enough traffic to support the establishment of a full time Custom's Officer in the community. Signed Donavon F. IVorking, District Director of Customs. 9. A letter dated October 31, 1975 from Hughes, Thorsness, Lowe, Gantz & l'owell to Michael D. Baker, Esq. regarding the Engineering Science of Alaska, indicating that the work was not authorized and is treated as a complete loss if additional monies must be paid to resolve the matter. Signed Irving Bertram for Hughes, Thorsness, Lowe, Gantz & Powell. 10. A letter dated 27, 1975 from the Kenai Peninsula Borough regarding Tax Foreclosed Property within the the Kenai Peninsula Borough and outside of all cities and asking that the City Council review the properties and enact a resolution if there is no immediate public use for them. Signed Stan Thompson, Borough Mayor. 11. A letter dated October 22, 1975 from Hughes, Thorsness, Lowe, Gantz and Powell indicating that the proposed contract between the City of Seward and the Kenai Lumber Co. has been expressly revoked by the company and that negotiations will proceed to affectively amortize the equipment on a 10 year period. Signed Irving Bertram for Hughes, Thorsness, Lowe, Gantz & Powell. 12. A letter dated October 21, 1975 from Simmons & Associates, Inc. reporting that an appraisal for the Oceanview Subdivision could not be done until March 1976. 13. A letter from Dirksen Appraisal Co. dated October 21, 1975 and submitting a price of $2,175. for appraising 15 parcels in Seward. Signed Paul P. Dirksen. 14. A letter dated 20, 1975 from Real Estate Services Corp. indicating their fee for appraisal of 15 lots in Oceanview Subdivision of $2,200. The City Manager suggested that council accept both bids and authorized proceeding with the work so appraisals of the property could be advertised and bids received for the land in question. Clmr. Oldow seconded by Clmr. Lutz moved to approve the appraisals of both Dirksen Appraisal Co. and Real Estate Services Co. at the stated amounts. Motion passed unanimously. Item 9- Citizens Discussion and Public Hearings: 1. Mr. Willard Dunham reported that the Chamber of Commerce had appointed an Economic Development Committee to support further industrial and commercial utilization of Seward. Members of the committee were identified as being Mr. Campbell, Mr. Reistad, Mr. Lammers and himself. 2. Oscar Watsjold reported that the Seward Volunteer Fire Department had been criticized for responding outside the city limits and for running out of water in the process of attempting to extinguish a fire. He suggested that the citizens of the area respond by establishing a fire service district. In concluding his remarks Mr. Watsjold noted that the radio equipment is getting old, that the pickup truck used by the Fire Department is over 20 years old, and is not radio equipped and asked about the grant funds received under impact. The Manager suggested that the demands of the department be considered at budget time and that the request for priorities be submitted for followup and for possible action. 3. A special presentation from the Comm- unity and Regional Affairs by Mr. Kevin Waring and Mr. Paul Kerr was held next. Mr. Waring noted that the state wanted a delay in the Outer Continental Shelf area for positive purposes. He noted the lack of knowledge both scientific and technical, the fact that no revenue sharing from the federal level or impact funds were offered to affected areas, and that there was a severe shortage of funds at the state level with which to proceed at this time. He suggested the community set its own goals and that the identification or acquisition of sites for the developments could go forward but if possible it was desirable to consolidate uses whenever practicable. Mr. Paul Kerr of Economic and Regional Affairs noted the need for existing information from the city and agreed to work with the council on plans to head in specific directions later in the year. Mr. Dunham suggested a delay in reapportionment during the period of rapid population growth. I I I ,,) - ..:. ;) PAGE 25 REGULAR MEETING-NOVE~ER 10, 1975 VOLUME 17 Item 10- Council Discussion: 1. Clmr. Oldow reported that Alaska Constructors Inc. had asked for a 90 day option on land at Lowell Point for use by oil com- panies. That the sales tax should be reconsidered and the involvement of the public should be obtained and that the flag project should not be allowed to faulter as it had in the past. 2. Clmr. Lutz requested the fire chief to sub- mit a written request to the administration for equipment and an attempt to get needs resolved. Lutz also noted that the Amax proposal was a long term industry and needed support from the Chamber of Commerce. Lutz suggested the council proceed with the authorization to advertise and hire a City Clerk- Treasurer. Clmr. Lutz moved seconded by Clmr. Oldow to proceed to hire a City Clerk-Treasurer after qualifications were written. Motion passed. Clmr. Dague voting "no." 3. Clmr. Dague inquired about the status of the Jesse Lee Home and the City Manager reported the minutes of October 13th were in error when they indicated the letter had been sent, but noted that a letter would be sent to the corporation later this week. Clmr. Dague also reported that a census should be planned for the spring in order to take advanatage of revenue sharing funds which were being made available on the basis of population. 4. Clmr. Dieckgraeff noted that the floats were in need of repair and in view of the fact that the flotation material was being attacked and deteriorated by oil and gas products in the harbor. In regard to extending Fourth Avenue Dieck- graeff noted it would be worthwhile to extend the 35 mile per hour speed limit sign from its present location to the Country Store. 5. Clmr. Hulm noted that the two million dollar bond authorization had been approved and the Council should have a work session in the immediate future to decide what to do to accommodate the citizens desire in the matter. 6. Clmr. Gillespie asked for a report on the extension of Fourth Avenue and the Manager reported he had not been able to check the plat for this specific inquiry. Gillespie noted that Kenai Lumber Co. had suggested a water line be installed to their area in order to permit them to control the sawdust burner to a greater degree. The Manager reported the cost involved to this extension were extensive in view of the amount of water needed for fire control purposes versus the amount of water that would be used in controlling the burner and for their own consumption on the site. In conclusion Gillespie noted that the $600. per month being obtained from the Alaska Railroad was proposed to be spread between. the Police Department employees currently under the CETA Program and asked if this proposal was fair. Members of council were of the opinion that this was not a violation of fairness since the police officers were exposed to a certain element of risk which was not shared equally by other employees. 7. Mayor Neve' asked if anyone on council would attend the Economic Development Work Session currently underway at Alyeska and no one on council was able to attend the meeting going on this week. 8. The City Manager responding to a question from the Mayor reported that joint payee checks were being issued to Turbo Engery and its subcontractors in an effort to prevent the municipality from being liened in connection with construction work on the generator and switching at the "T" Project. 9. The Mayor concluded his remarks by asking for a work session with representatives from Foster & Marshall for November 17, 1975 in the Council Chambers. Prior to the time council discussion concluded it was aR;reed to hold a Public Hearing with the possibility of annexing the Lowell Point area on November 24, 1975. Item 10- Resolutions, Ordinances, and other Action Items: 1. Ordinance No. 414, ( see attached) AN ORDINANCE DETERMINING THE LOCATION FOR FUTURE CONSTRUCTION OF BULK PETROLEUM OR STORAGE TANKS WITHIN THE CITY OF SEWARD. Final reading. The City Manager read Ordinance No. 414, in full. Clmr. Oldow seconded by Clmr. Lutz moved to approve Ordinance No. 414, on the final reading. Motion passed with Clmr. Dieckgraeff voting "no." 2. Ordinance No. 415, (see page 22) AN ORDINANCE AMENDING THE SEIVARD CODE TO PROVIDE FOR AN INCREASE IN GARBAGE COLLECTION RATES. First reading. Clmr. Lutz seconded by Clmr. Oldow moved to approve Ordinance No. 415 on first reading and to advance it to second reading. Motion passed with Clmr. Lutz voting "no." 3. Bid Award/GarbaR;e Contract. By consent of Council it was agreed to omit the bid award for the garbage contract until December 22, 1975 in order to permit an opportunity for final action to be taken against Ordinance No. 415. It was generally agreed that the bid award should not take place until after the ordinance affecting garbage rates was passed and approved. 4. Fourth of July Creek Annexation. The City Manager reported that he intended to proceed with the Fourth of July Creek work in an effort to get it before the local Boundary Commission on a timely basis. 5. Support for industrialization in the Seward area. . l / ~ ""v PAGE 26 REGULAR MEETING-NOVEMBER 10, 1975 VOLUME 17 The City Manager reported he would continue working as much as possible in trying to support the continuing economy of Seward by the addition of new and larger companies who would work with the Chamber of Commerce Committee as time permitted. Item 11- Citizens Discussion: 1. Marlene Neve' inquired about the delay in awarding the Garbage Bid and asked if it was not to be let out for rebid. Herman Leirer reported on the cost involved doing the garbage work and the City Manager reported that this practice had been followed in the past when the contractor suggested rate increases at the time the new contract was being approved. It was agreed that the contract would not be bid a second time. 2. Mr. Willard Dunham expressed disappointment that the council did not appoint a Borough Assemblyman and noted this needed to be done. Mayor Neve' indicated that council would take action on this item at the next meeting. 3, Mayor Gilman reported that the Mayors and Managers on the Peninsula were invited to a meeting on December 5, 1975, at 2:00 P.M, in the Borough Building. He also noted that communities on the Peninsula were in- terested in gulf development and Coastal Zone Management and while the Borough did not have revenue sharing with its member municipalities they did have a planning function which could be made available on other circumstances. Gilman also noted that the proposed annexation of the Fourth of July Creek involved Borough lands and that he would check this proposed suggestion with the Borough attorney. In concluding his remarks Gilman indicated that a one percent (1%) sales tax,was equivalent to a five (5) mill property tax. C1mr. Lutz moved to adjourn. Mayor Neve' adjourned the J' es R. Filip, i:y'~llnager' "f . . ;', . ~, \i' "~'5'lo. ":' '.:," -~~~~~;[=~~---------------------------------------------------------------- MJA';U~' Richard A. Neve' Mayor REGULAR MEETING-NOVEMBER 24, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for November 24, 1975 was called to order by Mayor Neve' at 7:30 P.M. in the Council Chambers. Item 2- The Opening Ceremony was led by Jr. Mayor Nord. Item 3- Roll was called and those present were Mayor Neve', C1mr's Oldow, Gillespie, Dieckgraeff, Hulm and Dague. C1mr. ''Lutz was excused absent and Jr. Mayor Nord was present. Item 4- Approval of Minutes: A correction was noted in Item 8-10, for the meeting of November 10th the date should be October 27, and in Item 8-14, the date should be October 20th. Clmr. Hulm seconded by Clmr. Dieckgraeff moved to approve the minutes as corrected. Motion passed unanimously. Item 5- Report of the Borough Assemblyman: None. Mayor Neve' suggested the appointment of Clmr. Oldow to the Borough Assembly. Clmr. Hu1m seconded by C1mr. Dieckgraeff moved to anpoint C1mr. Oldow to the Borough Assembly for a three year term. Passed unanimously. Item 6- City Manager's Report: 1. The City Manager reported he visited Portland and had attended the Labor Management Relations Seminar held at Alyeska last week. He also suggested that Item 10-3, Renewal of the Lease Agreement for Tracts 5 and 6, between the city and Northern Stevedoring & Handling Corp. be deleted from the agenda as well as Item 5, Fourth of July Annexation and Item 6, Appointment of Borough Assemblymember. There was no objection to these deletions. I I I ")"'" ... 4 Page 27 REGULAR MEETING-NOVEMBER 24, 1975 VOLUME 17 Item 7- Communications: 1. A letter dated November 10, 1975 from Charles E. and A. Evelyn Estel reporting the Pioneer Cab had been sold to Ronald A. Deveraux. Signed Charles E. Estel and A. Evelyn Estel. 2. A letter from the Alaska Railroad dated November 13, 1975 reporting that it" would not be possible for the lift station east of the railroad dock to remain at its present location. Signed D. L. Allen, Assistant General Manager. Item 8- Citizens Discussion and Public Hearings: 1. l'ublic Hearing/ Proposed Annexation of Lowell l'oint. Mavor Neve' opened the Public Hearing. Mrs. Ainsworth requested that the Public Hearing be delayed two weeks to allow Mrs. Penny Hardy to be present. Mrs. Beverly Dunham noted the high cost of maintaining the Lowell l'oint Road and suggested that council weigh this in their deliberations. Mr. Frank Irick thought that Seward should sell its Urban Renewal properties and get housing which is badly needed in the area. Clmr. Hulm reported it \Vas his feeling that I,ocal Service Roads and Trails funds could be utilized for maintaining the Lowell Point Road. There being no one else who desired to be heard Mayor Neve' closed the Public Hearing with note that it would be continued at the next regular meeting. 2. Mr. Keith Specking reported that he had been present at the Coastal Zone Management hearing held earlier today and he was pleased with the citizen turn out at the meeting. Item 9- Council Discussion: 1. Clmr. Gillespie reported that the extension of Fourth Avenue to Airport Road should not be abondoned but should be con- sidered for implementation at some time in the future. The possibility of installing a traffic light at the corner of Airport Road and the Se\Vard High- \Vay was discussed. 2. Clmr. Hulm asked about the status of the City Engineer application procedure and the Manager reported there were apnroximately 12 applications suitable for review at the present time. Clmr. Hulm also noted that it might be possible to install an ice skating rink at the location of the Little League field, south of 7th Avenue. 3. Clmr. Dague inquired about the status of the Jesse Lee Home and the City Manager renorted that the notice of default had been sent and that December 27th was the cut off date for possible action by the developers. 4. Clmr. Oldow suggested that in vie\V of the recent accident that the cars be left where they can be seen as a reminder to drive safely. Clmr. Oldo\V also noted that the Bicentennial Memorial would have to be started by March and there would be 90 days allowed for completion. In conclusion Clmr. Oldow noted that had been no implemation of Ordinances to date that supported the Seward Concept Plan and that Council should have a work session to discuss that. The date set for the work session was Monday, December 1, 1975, at 7:30 1'.M., in the Council Chambers. Item 10- Resolutions, Ordinances, and other Action Items: 1. Resolution No. 932, (see attached) A RESOLUTION FINDING THAT CERTAIN TAX FORECLOSED PROPERTIES \vITHIN THE KENAI PENINSULA BOROUGH ARE NOT REOUIRED FOR PUBLIC USE BY THE CITY OF SEWARD. The City Manager read Resolution No. 932. Clmr. Hulm seconded by Clmr. Oldo\V moved to adOPt Resolution No. 932. Passed unanimously. 2. Ordinance No. 415, (see page 22) AN ORDINANCE &MENDING THE SEWARD CODE TO PROVIDE FOR AN INCREASE IN GARBAGE COLLECTION RATES. Second reading. Discussion on the Ordinance and the proposed Garbage Con- tract Bid was held. Clmr. Hulm seconded by Clmr. Gillespie moved to approve Ordinance No. 415 and to advance it to third reading. Motion passed with Clmr. Dague voting "no." Clmr. Hulm seconded by Clmr. Dague moved to award the garbage contract to Seward Service Inc. Discussion was had and it was requested that the administration make a recommendation. The City Manager recommended that Seward Service Inc. be given the bid on the basis of past service reliability. Motion failed. Clmr. 's Oldow and Gillespie voting "no" Clmr. 's Hulm, Dague and Mavor Neve' voting "ves", Clmr. Dieckgraeff abstaining. It was agreed following the vote that the ordinance would be presented at the next regular meeting and that the Garbage Contract would be considered on December 22, 1975. Item 11- Citizens Discussion: in council's action regarding tried to accept the bid as it Clasby concluded by saying he 1. Mr. Bob Clasby reported he was disappointed the Garbage Contract. He noted that the council had previously indicated it was not going to do. would like to see the council set the fees and ")v -(} Page 28 REGULAR MEETING-NOVEMBER 24, 1975 VOLUME 17 then rebid the project. Mrs. Beverly Dunham reported that the bid procedure at this point doesn't look good and Mr. Paul Seaton noted that he thought the council could finialize action only after Ordinance No. 415 was adoPted. He expressed the opinion that it was fortunate the award was not made and after hearing what rates were in other areas it was his opinion that what is collected elsewhere is not material to this discussion. Mr. Bruce Siemenski had requested council to vote on the contract at the last meeting and council at that time did not wish to take action but tonight there wasn't any problem with taking a vote. He asked for an explanation. The Mayor reported the change of rate was justifiable but that the council could not settle on the bid procedure which would be equitable for all concerned at this point in time. Mr. Leirer noted that the council could reject all of the bids but that council should be care- ful to set their own rates. Mayor Neve' concluded the comments by noting it would be under reconsideration by the council in the immediate future. Clmr. Dague moved to adjourn. Mayor Neve' adjourned P.M. R-:J ~ If /)/~'I Richard A. Neve' Mayor , , "~> '5'<', , --~~~~~~C'~~-;------------------------------------------------------------------ REGULAR MEETING-DECEMBER 8, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska for December 8, 1975, was called to order by Mayor Neve' at 7:34 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Gillespie. Item 3- Roll was called and those present were Gillespie, Dieckgraeff, Hulm, Dague and Oldow. Nord were excused absent. Mayor Neve', Clmr.'s Clrm Lutz and Jr. Mayor Item 4- Approval of Minutes as presented or corrected for the meeting of November 24, 1975. Clmr. Hulm seconded by C1mr. Dague moved to approve the minutes as presented. Passed unanimously. Item 5- Report of the Borough Assemblymen: 1. Clmr. Oldow reported that the Kenai Peninsula Borough Assembly had approved Ordinance No. 75-54, PROVIDING FOR REZONING OF THE ANDERSON PROPERTY FROM A SINGLE FAMILY RESIDENTIAL TO INDUSTRIAL, and Ordinance No. 75-55, PERTAINING TO THE MERLE REZONING REQUEST. Oldow also noted the Borough Mayor will report on school construction and capital improvements and will issue a financial statement on a monthly basis beginning in January. Item 6- City Manager's Report: 1. City Manager James R. Filip reported that Johnson and Morgan had submitted financial statements for the year ending June 30, 1975 and that members of the administrative staff would be able to discuss the presentations at the next regular meeting. 2. The Manager also reported that the budget report for the period ending October 31, 1975 had been completed, distributed and ready for review on December 22, 1975 as well. In regard to television translator receipts and disbursements the Manager noted that $7,168 had been received in contributions while $24,341 had been expended in connection with installation and equipment costs, leaving a balance to be recovered of $17,178. In concluding his remarks regarding the television translator the Manager suggested that a thank you note be included in the newspaper listing those people contributing to the operation of the system. Council had no - ~ RESOLUTION NO. 932 A RESOLUTION FINDING THAT CERTAIN TAX FORECLOSED PROPERTIES ',HTHIN THE KENAI PENINSULA BOROUGH ARE NOT REQUIRED FOR PUBLIC USE BY THE CITY OF SEWARD, ALASKA. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Seward, Seward, Alaska, that the following described parcels of real property which have been foreclosed for taxes and deeded to the Kenai Peninsula Borough are not needed for immediate Public Use by the City of Seward. NE 1/4 NE 1/4 SW 1/4 NE 1/4, Sec. 14, T7N, R12W, S.M., containing 2.50 acs. mil KenaI Recording District (Tax Parcel #014-180-1300) Sec. 7, TIS, R13W, S.M. ffi, 1/4 SE 1/4 Por. lying N. of Sterling Hwy., containing 23.00 acs. m/l Homer Recording District (Tax Parcel #157-010-2400) Sec. 3, T6N, R12W, S.M. N 250 ft. of Lot 4, Containing 01.75 acs. m/l KenaI Recording District (Tax Parcei #017-250-3800) Sec. 7, TIS, R13W, S.M. NE 1/4 SE 1/4 N. of Sterling Hwy. Containing 8.00 acs. mil Homer Recording District (Tax Parcel #157-010-2600) Sec. L2, T6N, R12W, S.M. ffiv 1/4 SW 1/4, containing 40.00 acs. mil KenaI Recording DistrIct (Tax Parcel #017-260-3600) Tract 4, Petaluma Acres Sub. ContaIning 10.02 acs. mil Kenai Recording District (Tax Parcel #065-240-0400) Sec. 7, TIS, R13W, S.M. ffiv 1/4 SE 1/4 Por. lying S. of Sterling Hwy. Containing 7.00 acs. mil Homer Recording District (Tax Parcel #157-010-2500) Bolstridge Sub. Add. No.1 SW l/2 of Lot 6 Kenai Recurding District (Tax Parcel #065-132-0500) Sec. 7, TIS, R13W, S.M. NE 1/4 SE 1/4 S. of Sterling Hwy. Containing 22.00 acs. mil Homer Recording District (Tax Parcel #157-010-2700) Lot 5, Block 8, Caribou Island Sub. Seward Recording District (Tax Parcel #135-031-0500) Sec. 19, T5N, RlOW, S.M. N. 150 ft. of S. 490 ft. of W 165 ft. of Lot 13 Kenai Recording District (Tax Parcel #057-100-0100) Sec. 18, T1N, R12W, S.M. SW 1/4 SW 1/4 NE 1/4 SW 1/4, containing 2.5 acs. m/l Homer Recording District (Tax Parcel #139-060-0700) N. 288 ft. of the W. 151.25 ft. of E. 1303.30 ft. of NE 1/4 NE 1/4, Sec. 15, T5N, R9W, S.M., Containing lac. mil Kenai Recording District (Tax Parcel #063-140-6100) Sec. 27, T7N, R12W, S.M. SE 1/4 ffiv 1/4 NE 1/4, containing 10.0 acs. m/l Kenai Recording District (Tax Parcel #015-050-lnOO) Sec. 8, TIS, R13W, S.M. SW 1/4 NW 1/4 E. of the Sterling Hwy. Containing 17.00 acs. m/l Homer Recording District (Tax Parcel 1I157-tl10-l500) Sec. 27, T7N, R12W, S.M. S 140 ft. of N 190 ft. 01 ~ 165 ft. of NW 1/4 NE !/~ Kenai Recording District (Tax Parcel 1/015-050-20(11) Lot 10, Elk. 8, Caribou Island Sub. Seward Recording District (Tax Parcel #135-031-1000) Lot 11, Elk. 8, Caribou Island Sub. Seward Recording District (Tax Parcel #135-031-1100) - - This Resolution is effective on the day of passage and approval. PASSED AND APPROVED by the Common Council of the City of Seward, Alaska, this day of November, 1975. . Richard A. Neve' Mayor ATTEST: James R. Filip, City Clerk-Treasurer I I I ,,> <) -' PAGE 29 REGULAR MEETING-DECEMBER 8, 1975 VOLUME 17 objection to this suggestion. The City Manager also requested annual leave authorization from December 26th through January 9, 1976. Council had no object- ion to this request. Item 7- Communications: 1. A letter dated December 2, 1975 reporting that the legislature's Subcommittee on Transportation would be meeting in Seward on Monday, December 15, 1975, at 10:30 A.M., in the Council Chambers. 2. A letter dated November 18, 1975 from the Department of Public Works reporting that it would be necessary for the Small Boat Harbor to be self-sufficient in terms of oper- ation and maintenance expenses, signed Donald Harris, Commissioner. 3. A letter of December 4, 1975 from George E. McCadden reporting on the possibility that the Mastodon Tusk would be returned to the Seward Resurrection Bay Historical Society, signed George E. McCadden. 4. A letter from the Acoholic Beverage Control Board dated November 24, 1975 requesting the approval of an application for renewal of a Beverage Dispensary License for the Harbor Dinner Club, signed A. A. Lee Young, Records and Licensing Supervisor. Council had no objection to this approval. 5. A letter dated December 2, 1975 from the Acoholic Beverage Control Board requesting the approval of an application for renewal for a Beverage Dispensary License for the Palace Bar and Cafe, signed A. A. Lee Young. Council had no objection to the approval. Item 8- Citizens Discussion and Public Hearings: 1. Public Hearing/Proposed Annexation of Lowell Point (continued from prior meeting.) Mayor Neve' opened the Public Hearing. Mrs. Ardena LeCaze asked what services the city was pre- pared to render in view of annexation of Lowell Point. Mayor Neve' reported that only immediate or requested needs would be met and the cost would be associated with the level of services provided. Mrs. LeCaze also objected to the possibility of using snow machines in that area and noted that if the road could be kept open and school bus service provided she did not object to being annexed. Mrs. Penny Hardy noted that she desired to see the road protected but recognized that services to the area would be ridiculous. She suggested that the area beyond Lowell Point would be beneficial to the whole Seward community but the road needed to be maintained 12 months a year. Mrs. Bev Dunham noted that the road would require maintenance and that perhaps the citizens of Seward would not wish to pay for this expense. There being no one else to be heard Mayor Neve' closed the Public Hearing. 2. A representative from Foster and Marshall presented an outline regarding financial services the firm was pre- pared to provide to the City of Seward. Mayor Neve' suggested that Council review the information and meet on December 15, 1975, at 7:30 P.M. to study the proposal in more detail. Item 9- Council Discussion: 1. Clmr. Oldow requested an excused absence for the meeting of December 22, 1975. 2. Clmr. Hulm suggested that we explore the legality of using one berth for two or more vessels in a so called "hot bunking" system. 3. Clmr. Gillespie suggested the proposal of Coopers and Lybrand re- garding harbor administrative procedures could be undertaken by members of the staff currently employed. 4. Clmr. Dieckgraeff asked that the receipts and expenses for TV be published and the Manager again noted that the ad would be expanded to include a thank you to those who had been supporting the system. 5. Clmr. Dague asked about the use of the old translator to give improved reception to the Forest Acres area and it was noted that no reports of complaints from that location had been received to date. Dague also noted that the state had proposed distribution of land under Section D (2) of the Alaska Native Claims Settlement Act and that every citizen should review this proposal closely. 6. Mayor Neve' reported that he had contacted Mr. Bruno C. Boik, Executive Vice- President of Amax Engineering and Management Services Co. regarding the possible selection of Seward as a site for coal exporting and had been told that the company would not make a decision until January of 1976 and would be able to meet with members of the City Council in January to discuss the matter further. Mayor Neve' also inquired about the status of the Jesse Lee Home and the City Manager indicated that a letter had been written from the attorney's office and that it was necessary to check whether delivery had been accomplished. Item 10- Resolutions, Ordinances and other Action Items: 1. Resolution No. 933 (see attached) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA ;>U PAGE 30 REGULAR MEETING-DECEMBER 8, 1975 VOLUME 17 DECLARING THAT THE ANNEXATION OF SECTION 11, 12, 13 and 14, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SEWARD MERIDIAN, AND SECTIONS 7, 8, 9, 16, 17 and 18, TOWNSHIP 1 SOUTH, RANGE 1 EAST, SEWARD MERIDIAN, TO THE CITY OF SEWARD IS IN THE PUBLIC INTEREST, AND DIRECTING THE CITY ADMINISTRATION TO FILE A PETITION WITH THE LOCAL BOUNDARY COMMISSION IN ACCORD WITH 19 AAC 10.010 TO EFFECT THIS ANNEXATION. Council discussion followed and it was proposed to include "iowell Point in this resolution. The City Manager reported that time did not permit the accumulation of the necessary data that would be required to support the application at this late date and that short of having adequate financial information regarding the potential implications of the expenses involved in maintaining the road even on a limited basis, a valid conclusion or decision should not be made. Mrs. Hardy noted that there were tourists using Lowell Point Road and that it was time for Seward to look at the area and the benefits it offered. She suggested that no one was pushing for special services and that the benefits to the city would be over a long period of time. It was agreed that the city would help support the inclusion of Lowell Point Road on a state maintenance system if at all possible, but that it was premature to consider attemPting the annexation of Lowell Point at this time. Clmr. Hulm seconded by Clmr. Oldow moved to adopt Resolution No. 933. Passed unanimously. 2. Ordinance No. 415, (see page 22) AN ORDINANCE AMENDING THE SEWARD CODE TO PROVIDE FOR INCREASE IN GARBAGE COLLECTION RATES. Final reading. Mayor Neve' read Ordinance No. 415 by title only. Clmr. Hulm seconded by Clmr. Oldow moved to adopt Ordinance No. 415. Passed unanimously. Mayor Neve' requested and council had no objection to permitting the administration to return the previously submitted Garbage Contract Bids and to request interested contractors to submit a second bid with a bid opening schedule for December 22, 1975 and the bid award to be made at the meeting of the City Council scheduled for that same day. Item 11- Citizens Discussion: 1. Mrs. Carol Bennie noted the Seward Harbor Commission studying problems in the operation and financing of the Small Boat Harbor, and while she was speaking for herself only, suggested the work could be done by city personnel. 2. Mr. Paul Seaton s~ggested that the Kramer, Chin & Mayo study suggested boats be added to the personal property tax rolls and indicated this may not be legal. 3. Mr. Don Ennis inquired about the policy of chaining boats for nonpayment of harbor fees and suggested that it would be in the city's interest to proceed with a lien against the documented vessels which happened to be in arrears. The City Manager admitted responsibility for the current policy but indicated that the present need for affective enforcement of the charges being levied against boats using the facility would be checked with the city attorney and a policy drawn regarding future collection routines. Mrs. Beverly Dunham noted the need for a "smoke eater" in the council chambers since she was personally opposed to sitting in a public meeting which was smoked filled on most occasions. Dague moved to adjourn. Mayor Neve' adjourned UJ A<;V'y..j i; (s .l.l l~ '-< ' /~J , - .> . . ;~~C4~~:.c;.~Ll:;:;,).j) Richard A. Neve' Mayor - ~ i ctTY OF SEWARDt. Al.A.SKA RESOLUTION NO. 933 A RESOLUTION OF THE CITY illUNCIL OF THE CITY OF SEWARD) ALASKA) DECLARING THAT THE ANNEXATION OF SECTIONS 11) 12) 13 AND 14) TOWNSHIP 1 SOUTH RANGE 1 WEST) SEWARD MERIDIAN) AND SECTIONS 7) 8) 9) 16) 17) AND 18) TOWNSHIP 1 SOUTH) RANGE 1 EAST) SEWARD MERIDIAN) TO THE CITY OF SEWARD IS IN THE PUBLIC INTEREST) AND DIRECTING THE CITY ADMINISTRATION TO FILE A PETITION WITH THE LOCAL BOUNDARY COMMISSION IN ACCORD WITH 19 AAC 10.010 TO EFFECT THIS ANNEXATION 4 WHEREAS) the City Council of the City of Seward) Alaska) has considered the question of the annexation of Sections 11) 12) 13 and 14) Township 1 South) Range 1 West) Seward Meridia~, and -Section 7) 8, 9) 16) 17 and 18) Township 1 South, Range 1 East, Seward Meridian) to the City of Seward) and WHEREAS) the City Council has determined that it is likely that future growth and development of the City) both residential and industrial) will occur within this territory, and annexation of the territory will enable the City to plan for and control that development beginning at this time. NOW) THEREFORE) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD) ALASKA) THAT: Section 1. It is in the public interest to annex Sections 11) 12) 13 and 14) Township 1 South) Range 1 West) Seward Meridian) and Section 7) 8, 9) 16) 17 and 18) Township 1 South, Range 1 East) Seward Meridian) to the City of Seward. Section 2. The City Manager and City Attorney are authorized and directed to prepare a petition to effect to this annexation in accord with 19 AAC 10.010) and to file this petition with the local Boundary Commission for action. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD) ALASKA) this 8th day of December) 1975. CITY OF SEWARD) ALASKA By R.-:1~ ~ If .~0 ~or AT~EST : ()) , ? /) .~lJ i ?;~~~r~ '- 4; l Approved as to Form: LOWE) MJJV I I I 31 PAGE 31 VOLUME 17 REGULAR MEETING-DECEMBER 22, 1975 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska for December 22, 1975, was called to order by Mayor Neve' at 7:25 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Hulm. Item 3- Roll was called and those present were Mayor Neve', Clmr. 's Hulm, Gillespie, Dague, Dieckgraeff and Jr. Mayor Nord. Clmr. 's Lutz and Oldow were excused absent. Item 4- Apnroval of Minutes as presented or corrected for the meeting of December 8, 1975. Clmr. Hulm seconded by Clmr. Dague moved to approve the minutes as presented. l'assed unanimously. Item 5- Report of the Borough Assemblymen: None. Item 6- City Manager's Report: 1. Mr. Kenneth S. Boggs, Secretary-Treasurer A.I.M., Inc. was present to discuss the status of the Jesse Lee Home Develop- ment Project. He presented a set of diagrams and plans for the proposed reconstruction work and noted that it would begin approximately February 15, 1976. 2. Acting City Manager Burton W. Baugh suggested that the city enter into an agreement to purchase a used vehicle for the Police Department from Hertz Automotive in Anchorage, for $2900. Discussion followed and Clmr. Dague seconded by Clmr. Dieckgraeff moved to approve the purchase as requested. Motion passed unanimously. Item 7- Communications: 1. A letter dated December 10, 1975 from the Seward Council on Community Services requesting a $2000 grant to support their Alcoholic Program for fiscal year 1977, signed Jack Werner, l'resident. No action was taken on this item. 2. A coPy of a letter dated November 14, 1975 from John L. Noyes, M.D. submitting his resignation to the Kenai Peninsula Borough Planning & Zoning Commission, signed John L. Noyes. 3. A letter dated December 16, 1975 from the Division of Waters & Harbors indicating that multiple use of harbor facilities is appropriate, signed Don Statter. 4. A letter dated December 10, 1975 from Clary Insurance Agency reporting on the possibility of insuring the city dock for damages which occur from time to time. It was suggested that in order to implement this type of coverage, closer surveillance of the dock area is necessary, signed Frederick D. Lammers. 5. A letter dated December 9, 1975 from the Kenai Peninsula Borough reporting that land in the Fourth of July Creek area is no longer unappropriated or un- reserved and would not be available to citv for selection, signed G. S. Best, Planning Director. Item 8- Citizens Discussion and l'ublic Hearings; 1. It was suggested that a work session be held on January 5, 1976, at 7:30 P.M., in the Council Chambers. 2. Mr. Paul Seaton noted that a trash collection problem existed and suggested that council consider rewriting Ordinance No. 411 permitting individuals to engage in the collection and disposal of their own trash. 3. Mr. Don Ennis reported that water was starting to glacier in Second Avenue area near his residence and was in danger of entering his garage. 4. Mr. Ernie Blatchford indicated there were icing and water problems in his neighborhood as well. Item 9- Council Discussion: 1. The skating rink at the Little League ball park was discussed. Clmr. Hulm seconded by Clmr. Gillespie moved to flood the Little League park for skating purposes. l'assed unanimously. 2. The Harding Ice Field was discussed and it was decided to renew the Resolution to include the field in the proposals submitted for the Forest Service and to send a coPy of the Resolution to the members of the House of Representatives. Clmr. Hulm indicated he would rewrite the proposed Resolution. Item 10- Resolution, Ordinances and other Action Items: 1. Resolution No. 934, (see attached) A RESOLUTION SUPPORTTNG THE INTENTION OF AKlRA AND AKIKO SATO TO REMAIN AS SEWARD RESIDENTS. It was moved and seconded to amend Resolution No. 934 to include sending a copy to the Alaska Congressional Delegates in Washington, D. C. Clmr. Hulm seconded by Clmr. Gillespie moved to approve Resolution No. "h) fJ.... PAGE 32 REGULAR MEETING-DECEMBER 22, 1975 VOLUME 17 934 as amended. l'assed unanimously. 2. Approval of renewal of Beverage Dispensary Licenses for Dorothy's Cocktail Lounge, Flamingo Lounge, Pioneer Bar and Tony's Bar and Thorn's Showcase Lounge. Discussion followed and a memorandum dated December 22, 1975 from the Chief of Police regarding the activities at the Flamingo Bar was reviewed. Clmr. Hulm seconded by Clmr. Dague moved to renew the Beverage Dispensary Liquor Licenses with the exception of the Flamingo Lounge. Motion passed with Clmr. Gillespie voting "no." Clmr. Hulm seconded by Clmr. Dieckgraeff moved to review the Retail Liquor Licenses for the Pioneer Liquor Store, Seward Trading Co. and Tony's Liquor Store. Motion passed unanimously. 3. Suggestion of names to fill the expired term of John Noyes on the Kenai Peninsula Borough Planning & Zoning Commission was noted but no names were submitted at this time. 4. Bid Award Contract. Acting City Manager Baugh reviewed the two bids which were received. The first bid from Bruce C. Sieminski in the amount of five and one half percent (5 1/2%) of the total gross monthly billings for the City of Seward and Seward Service bid in the amount of six (6%) of the total gross. Clmr. Hulm seconded by Clmr. Dague moved to award the garbage contract to Seward Service. Clmr. Dieckgraeff asked and was given permission to abstain. Motion passed unanimously, with Clmr. Dieckgraeff abstaining. Item 11- Citizens' Discussion: 1. It was noted that there seemed to be a continuing problem with dogs, especially at night and it was suggested that the animal control officer be detailed to spend a few evenings each week in the pursuit of violations of this type. ..~~-' Dague moved to adjourn. Mayor Neve' adjourned rton W. Baugh ing. :<Ci ty Manager " . ~.y}" ~Y '2"" , .' ,.f ----~~;::~::j~~--------------------------------------------------------------- ~~ l(IJ-J Richard A. Neve' Mayor REGULAR MEETING-JANUARY 12, 1976 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for January 12, 1976 was called to order by Vice-Mayor Hulm at 7:38 P.M., in the Council Chambers. Item 2- Roll was called and those present were Vice-Mayor Hulm, Clmr. 's Dieckgraeff and Gillespie. Absent were Mayor Neve', Clmr. 's Dague and Oldow. Vice-Mayor Hulm reported that a quorum was not present and that the items on tonights agenda including the Public Hearing regarding the proposed Waste Water Reclamation System would be held one week later on Monday, J~g~~;y 19, 197~~ - ~ .~ Clmr. Gillespie moved to adjourn. Vice-Mayor eting at 7:40 P.M. ;;V ~) Hulm