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HomeMy WebLinkAbout1976 City Council Minutes "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 , ~ ., ." . ~, RESOLUTION NO. 934 \fHEREAS, Akira Sato and his wife Aki~o Sato are visiting Seward, Alaska from Ja~an on a temnorary visa, and ~mEREAS, the Sato's would like to establish ~ermanent residence in the City of, Seward, and \.mEREAS, the Selfard City Council unanimously ar;ree that the Sato's would be an asset to the community. NOli, THEREFORE, BE IT RESOLVED by the Common Council of the City of Seward, Alaska, that it is their desire to have Akiro Sato and his wife Akiko Sato remain as residents of the City of Seward, Seward, Alaska. That a coPy of this te$olution be transmitted to the Immigration and Naturaiizatioft Services, Anchdrage, Alaska. PASSED AND APPROVED by the Common Council of the City of Seward, Alaska, this ~day of December, 1975. (L)J -1 ,;V~"r Richard A. Neve' Mayor ATTEST: :1 I . 1 /. ...~'xfhr~ 1~.L:4 . James R. Fit4.n, C City Manager I I I ~) .) d. ) PAGE 33 VOLUME 17 SPECIAL MEETING-JANUARY 19, 1976 Item 1- The Special Meeting of the Common Council of the City of Seward, Alaska, for January 19, 1976 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. Dieckgraeff. Item 3- Roll was called and those present were Mayor Neve', C1mr's Hulm, Dieckgraeff, Dague, 01dowand Gillespie. Jr. Mayor Nord was absent. Item 4- Approval of Minutes as presented or corrected for the meeting of December 22, 1975. C1mr. Hulm seconded by C1mr. Dieckgraeff moved to approve the minutes as presented. Passed unanimously. Item 5- Borough Assembly Report: 1. Borough Assemblymember 01dow reported that a supplemental appropriation to the capital project fund for the new Seward High School had been presented to the assembly and approved. It was also reported that the plans for the Seward High School are progressing, that the Borough budget had been received and that 95% of the proposed school con- struction costs would be reimbursed from the State of Alaska. Item 6- City Manager's Report: 1. The City Manager requested Council to consider the possibility of observing Lincoln's Birthday one day later or on February 13, 1976 in order to permit the employees to have a four day weekend. The Manager suggested that the switch would be made only if employees were in majority agreement, that this was a worthwhile suggestion. Council had no objection to proposing the suggestion to the employees. Item 7- Communications: 1. A letter dated December 22, 1975 from the Division of Local Government Assistance reporting the total revenue sharing entitlement for the municipality would be $82,081.00, signed l'almer McCarter, Director. 2, A copy of a letter dated January 11, 1976 ob1ecting to the City Manager's Report regarding the involvement of the National Park Service in the Harding Ice Field area, signed Tom Taggert. 3. A letter dated December 22, 1975 from Congressman Steve Symms reporting information on the Environmental Protection Agency and noting that there was nothing on file regarding EPA's failure to properly administer Sewage Treatment Programs, signed Steve Symms, Member of Congress. 4. Requests from police department employees Olson and Barnett for payment in cash of annual leave accrual not to exceed 100 hours for Olson, or 60 hours for Barnett. The City Manager had no objection to approving the request, council had no objection to the request. 5. A letter dated January 14, 1976 from the Alcoholic Beverage Control Board regarding the renewal of licenses for Solly's Lounge, Solly's Liquor Store, and Yukon Liquor Store, signed A. A. Lee Young, Records and Licensing Supervisor. Council had no objection to the renewal of the licenses. 6. A letter dated December 24, 1975 from the Alcoholic Beverage Control Board regarding the renewal of a license for the Yukon Bar, signed A. A. Lee Young, Records and Licensing Supervisor. Council had no objection to the renewal of this license. 7. Applications for permits for Authorized Games of Chance & Skill for the American Legion Post #5, Seward Elks Lodge #1773 and Sacred Heart Parish. The City Manager reviewed the applications at no ob1ection to the form or the infor- mation which was submitted. Clmr. Dague seconded by Clmr. Oldow moved to approve the applications for Authorized Games of Chance & Skill to the Seward Elks, American Legion Post #5 and Sacred Heart Parish. Passed unanimously. Item 8- Citizens' Discussion and Public Hearings: 1. Public Hearing/Proposed Waste Water Reclamation System (Sewage Treatment Plant). Mr. Sid Clark, P.E" reported on the proposed aerated lagoon and interceptor system. Mr. Clark reported the lagoon was sized for a population of 5,000 with expansion to 10,000 but there would be no effect of chlorine in the bay at the point of discharge and that there would be no odor. Mr. Clark concluded his report by noting that this system would be the least expensive sewage treatment facility which would meet the discharge requirements of the Environmental Protection Agency. Mayor Neve' opened the Public Hearing. Mr. Don Ennis questioned the possibility of sludge buildup in the pond, asked if it were a biologcial system and questioned if bleaches would kill the bacteria in the pond. Mr. Clark noted there would be a sludge buildup of three to four inches over a six year period, that it was ~~4 PAGE 34 SPECIAL MEETING-JANUARY 19, 1976 VOLUME 17 a biologcial system and that bleaches would not affect it. Mr. Bill Vincent reported that Seward Fisheries was operating under a current license and they could provide for their own needs or could join the city's system. He asked if this possibility was designed into the proposal. Mr. Clark indicated that the answer was yes and no, that the lagoon could not tolerate the loading from the fisheries, but that it might be possible for the city and the fisheries to cooperate on a pre-treatment system which would handle the sewage. Clark noted that the fisheries could probably treat the waste better without the muncipality, but that it was possible to coordinate using the same operator for both systems. In response to a question regarding the construction of the lagoon walls Clark noted it would be material from the area and would be lined with a plastic or rubber sealer. Mr. Paul Seaton questioned the possibility of problems since it was located in the Flood Plain, the need for a permit and the approval from state and fedral agencies. Mr. Clark reported that impact from flooding would be minimal and that the entire project would be given a complete review by federal and state officials. Mr. Keith Kelton from the Department of Environmental Conservation reported that the fisheries or any industrial user of the treatment facility would have to pay for installation of any excess capacity to meet their own needs at 100% of costs over a thirty year period. Mr. Clark reported the average household cost based on 700 connections would be approximately $10.95 per month. Mr. Bill Vincent questioned whether we are polluting the bay and suggested that since the plant will last approximately 20 years there may not be any pollution from Seward during that period. Mayor Neve' noted he was opposed to the Environ- mental Protection Agency regulations, as applied in the Seward area, because pollu- tion is minimal and would be limited even in a population of 5,000. In closing Mayor Neve' reported it was a federal law that mandated community participation. Vincent suggested that the Environmental Protection Agency would not take cases to court and that Seward could not be made to fund an unnecessary project. Mr. Herman Leirer reported he talked to Congressman Young and that Young stated that Environmental Protection Agency officials were unlikely to prosecute cities under the law. The Mayor responded by reporting that other government agencies would note the failure of the city to comply with the EPA regulations and that future participation in funding programs may be halted. In discussing the deadline of July 1, 1977 Keith Kelton reported that funds were not made available for every community but that Seward placed high on the priority list. With construction costs increasing at an annual rate of 20 to 25% he did not feel a delay was financially advisable. In closing Kelton reported that no one said that Seward has a pollution problem but that the law says you will have a system. The City Manager read a letter from Ruth McHenry dated January 19, 1976 objecting to the proposed location of the lagoon, in a area she reported which was enjoyed by birds. Mr. Leirer noted he was the owner of the land on which the city was proposing to locate the lagoon and that in his opinion, if there was proper out- falls there would be no need for a plant being proposed. He also noted that the lagoon was only one part of the system and that for anything to work it would be necessary to construct an interceptor line between the outfalls. Mr. Clark noted that 2 million dollars would be invested in the lagoon system but that only 25% of that amount would be involved in a diffuser system for the outfall. Mr. Don Oldow noted he was against the Sewage Treatment Plant as being un- neccesary but asked if we had an option. Mr. Dan Crevensten, representing the Environmental Protection Agency noted that there was no option on sewage treatment and the law should be obeyed. Mr. Kelton reported that if the plant was delayed the federal government could put controls on the municipality and that would in- volve a tremendous cost at some future date. Mr. Clark noted that the proposed facility uses private property in its entirety and that a 18 foot enbankment would be sufficient for the present. Clmr. Dieckgraeff questioned the burden being placed on the municipality by the federal and state governments and Mr. Crevensten noted that secondary treatment was a minimum requirement under the law. Kelton suggested there had been no intention to modify seondary treat- ment requirements and that in Anchorage secondary treatment was being planned. Mr. Seaton suggested that the site of the present lagoon would possibly offer an alternative site for the sewage treatment facility. Sid Clark reported any site chosen would have to be sealed and that while the lagoon would be a possi- bility he would tend not to use it himself. Mr. Fred Moore questioned the possibility of using the sludge for fertilzer and Clark reported that it could not be produced at a price competitive with commercial fertilzer products. There being no one else who desired to be heard, Mayor Neve' closed the Public Hearing. I I I q~ ~;) PAGE 35 SPECIAL MEETING-JANUARY 19, 1976 VOLUME 17 2. Mr. Don Ennis questioned the Manager's report regarding the proposed R-2l Urban Renewal Land Sale which had recently been published and the Manager re- ported that full instructions would be available in packets later in the week to anyone who was interested in participating in the sale. Mr. Herman Leirer reported it was still necessary to secure an appointee to the Planning and Zoning Commission, who would be willing to represent the community at the Kenai Peninsula Borough Planning & Zoning Commission meetings. Mr. Paul Seaton suggest- ed that the budget was strained and that the $1,750.00 proposed to be spent for an additional study by Kramer, Chin & Mayo seems more than was on hand for such work. Mayor Neve' reported that this work was in support of any industrial development in the community and that as such it was worthy of council consider- ation. Item 9- Council Discussion: 1. Clmr. Oldow reported that the House was considering a measure on community revenue sharing funds and suggested that telegrams be sent in support of the bill. Clmr. Hulm inquired about the Local Service Roads & Trails Program and the Manager reported that plans for sealcoating the streets would be worked on in the future and that the project would be conducted as money permitted. Clmr. Gillespie inquired about operations at the boat harbor and the City Manager reported that the bills had been sent out, that the stickers had been ordered and that the police had been patroling the floats on a regular basis. Gillespie also, inquired about payments from the University of Alaska & Northern Stevedoring & Handling, Corp., regarding partial reimbursement for the Fourth Avenue Dock Study. The Manager reported that the money from either organization had not been received. Mayor Neve' reported that the University was intending to pay their share but that payment would not be received for a few weeks. Gillespie also, inquired about the car for the police department and the status of the oil impact funds. The Manager reported that the car had been secured and that the oil funds were being expended. Clmr. Gillespie inquired about outside city limits fire protection and discussion followed, with the Manager taking the position that residents in the area should petition the Borough or the municipality for this service. In concluding his remarks Clmr. Gillespie questioned the cost of the canine officer and suggested that a comprehensive education and training act enrollee do this work. The Manager reported that CETA participants could not be used to displace regular full time employees. Clmr. Hulm reported a special election to permit passage of the sales tax ordinance would cost money and would disrupt work currently in progress. It was his opinion that the proposition should be brought forward no later than October. It would be necessary for the council and the administration to work together on bringing a four (4) mill reduction to the property owners, if the sales tax was nassed. Mayor Neve' reported that ice on the streets and side- walks was dangerous, several people had fallen and that efforts to sand these areas should be stepped up. Finally council discussed the status of the Jesse Lee Home Project and the Manager reported that February 15, 1976 had been the promised start of constuction date and that if council had no objection it was his recommendation to wait until the 15th of next month to initiate default proceedings if, infact, they were necessary at that time. Clmr. Hulm noted that we have a sales instrument with the company and this document should be followed. Hulm noted that we needed to be careful in any legal action we take against the Last Frontier Corp. Item 10- Resolutions, Ordinances and other Action Items: 1. Appointment of a Representative to the Kenai Peninsula Borough Planning & Zoning Commission was delayed until a subsequent meeting by agreement of the council. 2. Resolution No. 935, (see attached) A RESOLUTION REAFFIRMING OPl'OSITION TO THE HARDING ICE FIELD KENAI FJORDS NATIONAL MONUMENT l'ROPOSAL. Clmr. Oldow seconded by Clmr. Hulm moved to adopt Resolution No. 935. Clmr. Dague asked for and received permission to abstain. Motion passed unanimously, with Clmr. Dague abstaining. 3. Bid Award/petroleum Products. Clmr. Dague seconded by Clmr. Hulm moved to award the Petroleum Bid as recommended by the City Manager. Clmr. Dieckgraeff asked and received permission to abstain. Motion passed unanimously, with Clmr. Dieckgraeff abstaining. 4. Bid Award/Tires, Tubes and Batteries. Clmr. Hulm seconded by Clmr. Dague moved to award the Tires, Tubes & Batteries bid to B. F. Goodrich as recommended by the City Manager. Motion passed unanimously. 5. Approval of expenditure for graphic presentation to be pre- pared by Kramer, Chin & Mayo. Clmr. Dague seconded by Clmr. Hulm moved to ;) () PAGE 36 SPECIAL MEETING-JANUARY 19, 1976 VOLUME 17 approve $1,750.00 for a graphic presentation to be prepared by Kramer, Chin & Mayo. Motion passed with Clmr. Dieckgraeff voting "no." 6. The City Manager requested and council concurred with the Housing and Urban Development appraisal of January 15, 1976 accepting the values placed on the R-2l Urban Renewal Land. Clmr. Dague seconded by Clmr. Dieckgraeff moved to accept the appraisal. Motion passed unanimously. 7. Clmr. Oldow seconded by Clmr. Hulm moved to object to the renewal of the Liquor License for the Flamingo Inc. Discussion followed, Clmr. Gillespie and Clmr. Dague reported they felt inform- ation was insufficient to warrant disapproval of application at this time. Motion passed with Clmr. 's Dague and Gillespie voting "no." Item 11- Citizens' Discussion: 1. Mr. Don Ennis reported that Chugach Develop- ment Corporation has actively considered reducing the proposed hotel by approx- imately one-half of the anticipated size. The City Manager reported he was not aware of this action, and said he would investigate it at a later date. Clmr. Hulm moved to adjourn. Mayor Neve' adjourned the Richard A. Neve' Mayor ~~~~~-~j:7~~;i~:------------------------------------------------------------------- ~..::..).:::J...'-'.. REGULAR MEETING-JANUARY 26, 1976 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for January 26, 1976 was called to order by Vice-Mayor Hulm 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 Vice-Mayor Hulm, Clmr.'s Oldow, Gillespie, Dieckgraeff and Dague. Mayor Neve' was excused absent, and Jr. Mayor Nord was absent. Item 4- Borough Assembly Report: None. Item 5- City Manager's Report: The City Manager reported on a meeting he had attended with Borough Mayor Don Gilman and representatives from various Peninsula communities. It was the City Manager's recommendation that the city participate in the Borough-Wide planning effort being coordinated through the Borough Mayor's office and with the Overall Economic Development Program committee. Council had no objection to this recommendation. Item 6- Communications: 1. A letter dated January 20, 1976 from the Dept. of Housing & Urban Development reporting on the Flood Insurance Study for the Kenai Peninsula Borough being conducted by the department. The letter reported on a meeting that would be held on January 28, 1976, at 4:00 P.M., in the city offices to discuss the status of the insurance program and to gather data on flooding as it is available to the city, as well as to reach agreements on certain areas to be studied, signed Carl L. Cooke, Jr., Flood Insurance Specialist. 2. A letter dated January 20, 1976 from Kramer, Chin & Mayo reporting that work on the presentation supporting the mineral services dock had not been pursued fully because of reluctance on the part of the Amax Corp. to give the clear expression of their position. The letter re- ported that only $250.00 of the $1,750.00 which had been authorized had been expended. It was suggested that $1,500.00 be reserved from this authorization and applied to development of a phase designed program for the breakwater pier, signed Earl R. Combs, Alaska Office. Discussion followed and it was agreed that additional planning work would be suspended until the Corp of Engineers study was finished regarding the Small Boat Harbor and deep draft facilities. 3. A letter from the Seward Chamber of Commerce dated January - . C I T Y o F SEWARD ALASKA Introduced: 1 I 12 I 76 B Y B. C. H U L K 4 SEW A R D C I T Y C 0 U N C I L RES 0 L UTI 0 N N O. '9 3 5, A RESOWTION RElFFIBMlNG am ORIGINAL STAND IN OPPOOITION TO THE HARDING ICE FIELD I Kl!m.I FJORm NlTIONAL MOtMlENT PROPOSAL ( IE5 No. 73 - 86 ) BE IT RESOLVED BY THE SEWARD CITY COUNCIL: WHEREAS, the National park Service I proposal recognizes that the Harding Ice Field/Kenai Fjords area has not been completely explored for its mineral potential (USGS Richter says ttmoderate potential for small deposits" - Land Use Planning CoDl!lission states "high potential") yet the National park Service' proposal concludes the area's mineral resoUfce is meager and not feasible for development; and 't.'HEREAS, the National park Service' proposal inters that mining is unlikely and unfeasible, tiJnber harvest is not feasible and hunting is minimal, yet their report concludes that Multiple Use M&.nagement would likely create significant disruption of resources and ecosystems. The inherent facts in this case does.!!!.. support their conclusions; and WHEREAS, $27,000 in Gold was taken in 1973 from a mining operation within "the area of ecological concern" along the Kenai Peninsula's Southern littoral, where an investment of $230,000 has been made in this operation in recent years; and . . - 2 - WHEREAS, the National park Service' proposal states: "ot all the vegetation cover in the Harding lee Field/Kenai Fjords area, o~ one-half or 1 % is suitable for timber harvest (1500 acree), the National park Service lfOuld prohibit the cutting ot timber and other uses (?) which may lead to massive destruction ot plant lite in the monument. II It one-half of 1% or .. 1500 acree of timber were cut under Multiple Uee ManAgement, tI'L\. COUlD NOT BE CONSIDERED "mass!.,. destruction" of plant lire in a 300,000 acre area; and WHEREAS, contrary to the National Park Service' proposa 1, ~n knowledge dictates and it is axiaDll.tic that biologie&l productirlty or any given area DOES NOT lend itself to permanent perpetuation because of the establishment ot a national. monument by the enactment ot legielation. DISEASE and HUNTING PRESSURE on a particular species; and I Biological productivity IS dependent upon tactore such ae HABITAT, PREDATICIi, . WHDEAS, the S>>IARD CITY COUNCIL am the CITIZENS of the Sewa.rd area support the concept of a SEWARD NATIONAL RECREATION AREA tor the HARDING ICE FIELD/KENAI FJORDS area because of the unique terrain characterietics which lend themselves 80 well to year-round boating activities, professional, amateur and cross-country skiing, am many other snav-oriented recreational ) r events; and WHEREAS, seward has been officially designated by the state of Alaska as 'THE FUN CAPITAL OF ALASKA' because Nature provided such outstanding surrounding sea and land characteristics so suitable for recreational purposee, which have and will continue - GIVEN A CHANCE - to enhance Seward's, the Kenai Peninsula Borough's, and the state of Alaska'S economic future; and t WHEREAS, THE STATE OF ALASKA, THE KENAI PENINSULA BOROUGH and T'rlE CITY OF SEWARD have, over the past several years, expended approximately '. . -3- - $ 400,000 in a co-operative ettort in the construction of the RU\irrec\l.on River Road from the Seward area to the toot of Exit Glacier (see !IlL"')' wtuh beaver-tails out of the Harding Ice Field, for the purpose of .~dng the unique area accessible to surface trarusportation; and WHEREAS, o!hcia18 of the Mat.1cmal P&ril Service DID Nor otfie1&llJo .. contact the SEWARD CITY COUNCIL, S>>iARD'S ADVISORY PLANNING and ZONING COMMISSION, the KENAI PENINSUIA BOROUGH PlANNING and ZONlOO CctOO:~SICtl, th. KENAI PENINSUlA BOROUGH ADMINISTRATI~, or the KENAI PENINSULA ?Ofl{;;lGf '~ ASSEMBLY in an effort to deteP'lIline OUR INPUT for the best \lIIf' of tht" Hkrd~ Ice Field/Kenai Fjords area. NGl THEREFORE, BE IT RESOLVED that it is the will of L.1.l> Sl!llOl1ni City Council that we offici&.llJo GO ON RECORD FOR THE SECOND TIME WI'l'HD A ~ '!Wo-YEAR PERIOD IN FULL OPPOSITION to the Harding Ice Fiela 'rcena' ijoJ'da national monument proposal by the National Park Service c...ClI.\l6e oit SUr'Pf)RT THE loruLTIPlE USE MANAG>>lENT PHIlDSOPHY FOR nus UNIQUE RECJ;J<"",!ION AM.A. OOPIES of this Resolution No. 935 shall be transmitte<.. t the Honorable Gerald Ford, President of the United States; the Honorliolile .ar: Butz, Secretary of A.griculture; the Honorable Thomas 5. Kleppe, 5ecn~tar' of the Interior; the 'ioncTaole Mike Manafield, Senate Ma.1ority TpArt...r; . .Ie Honorable carl Albert, Speaker of the House ot Representatives; Chairmar 0: the U. S. Senate and U. S. House Interior and Insular Affairs CoDlltjttee~; the ijonorable loti.ke Gravel; the Honorable Ted stevena; Honorable Don YO\.lI1i, Alaska's Congressional Delegation; the Honorable Jay Hammond, Governor of Alaska, and Mr. Theodor R. Swem, Chairman, Alaska Planning Group, U. S. Department of the Interior. ADOFED B~'1'HE SEW~ C~IL THIS 19 DAY OF JANUARY 1976 ATn!ST ~ /( . ~ IslRichard A, Neve' Seward Citl Clerk ~ayor of seward l-' \ --- I I I q,... dt PAGE 37 VOLUME 17 REGULAR MEETING-JANUARY 26, 1976 23, 1976 to the State Department of Revenue with the authorized Games of Chance & Skill application for 1976, signed Frederick D. Lammers, Treasurer. The City Manager reported it was his recommendation to approve the application. Clmr. Dague seconded by Clmr. Dieckgraeff moved to approve the application for Games of Chance & Skill for the Seward Chamber of Commerce. Passed unanimously. Item 7- Citizens' Discussion and Public Hearings: 1. Public Hearing/Proposed Lease for a Tract of Land located within the U. S. Survey #1759, Section 34, Township 1 North, Range 1 West, Seward Meridian. The City Manager reported that the proposed lease was a renewal of a document which had been in effect for five years, which had not caused any difficulty to the municipality Vice- Mayor Hulm opened the Public Hearing. Mr. Fred Moore inquired about any trees being cut on the property and the City Manager reported that the use would be limited to cutting of bush and small trees. Mr. Paul Seaton asked if this area would be utilized by the public, the Manager reported it would not be a public facility. Clmr. Dague suggested that a thirty day (30) cancellation period be included in the contract. Clrnr. Dieckgraeff indicated that tree cutting should not be permitted without city approval. There being no further comments Vice-Mayor Hulm closed the Public Hea,ing. 2. Mr. Don Ennis requested information on the status of the trailers at the Army and Air Force Recreation areas and it was reported that ownership of the land was still in question but it it was apparently either State or Federal land and that the Army and Air Force were granted permission at one time to install trailers at that location. Mr. Ennis also requested clarification regarding the pay-off of the lots that were involved in the Urban Renewal area and the city attorney reported that he would get with Mr. Ennis and explain the procedure following the meeting. 3. Mrs. Karen Swartz noted that the box section at the Post Office was being locked at 5:30 P.M. and suggested that an arrangement be developed with the postal service and with the police department to frequently check the area in order to keep the box section open for a longer period. It was suggested that one possibility to explore was to replace the solid panels with glass from floor to ceiling to permit visual inspection from the street. Item 8- Council Discussion: Clmr. Oldow requested information on the tidelands adjacent to the proposed Fourth of July Creek annexation area and the city attorney reported at the present time state statutes prohibit granting of tide- lands to municipalities as the municipal boundaries may be expanded by annexation from time to time. Clmr. Dieckgraeff noted that electricity was a continuing problem in Seward and it was suggested that a meeting with Mr. Bill Rhodes of Homer Electric Association would be appropriate to discuss plans he might have to relieve some of the problems being experienced on the Peninsula. Clmr. Gillespie suggested the use of force account labor to help meet the city's 12 1/2% share in connection with construction of the Sewage Treatment Plant and interceptor lines. Mr. Sid Clark reported that force account procedures are well detailed in regulations and the city would have to bid the job on the basis of a contractor and a savings to the project would have to be demonstrated. Mr. Dan Crevensten with Environmental Protection Agency also indicated the bid has to be competitive before it would be accepted. Mr. Clark noted that they were moving toward detailed design and that the force account aspect could be explored in more detail. Discussion followed regarding the application of funds necessary to pay for operation maintenance and construction expenses associated with the pro;ect and it was reported that a decision re- garding the financing had not been researched in sufficient detail to make a recommendation possible at this time. It was reported that the city would supply materials necessary for the jobs in progress and that this would keep profit to contractor under control to a certain extent. 4. Clmr. Oldow suggested that the four day proposed weekend could create expensive over-time possibilities if city forces were necessary for snow removal clearance operat- ions. Council agreed that no change in the observed holiday schedule would be made this year. Item 9- Resolutions, Ordinances and other Action Items: 1. Resolution No. 936 (see attached) A RESOLUTION INDICATING THAT THE CITY OF SEWARD INTENDS TO CONSTRUCT, OPERATE AND MAINTAIN CERTAIN PROPOSED TREATMENT WORKS. In view of the implications of the resolution Vice-Mayor Hulm opened the floor to citizens' discussion. Mr. Donald Oldow questioned the city's having sufficient electricity for the proposed construction and equipment. It was reported for the plan currently recommended there was sufficient power to operate the system. Mr. Jo PAGE 38 VOLUME 17 REGULAR MEETING-JANUARY 26, 1976 Oscar Watsjold inquired about the potential costs. Mr. Clark reported that different assessment methods were available in the sense of an ad-valorem tax to property, in combination with lower monthly sewer assessment charges or sewer service charges alone, but at a higher rate. In both cases the costs would be about the same but would be set UP in different amounts for the different acc- ounts involved. Mr. Don Ennis questioned the possibility of smell and Mr. Clark reported there would be no odor if the facility was not grossly overloaded. Mr. Paul Seaton questioned the situation where individuals are not now conn- ected to the sewer line and asked how they would be handled in the future. Mr. Clark reported that no service charge would be assessed against homes which are in areas not being served by sewer lines within reasonable distances, approximately 300 feet, but noted that the 300 foot figure was suggested and not mandatory at the present time. There being no further comments from the floor Clmr. Dague moved tp approve Resolution No. 936, seconded by Clmr. Oldow. Motion passed unanimously. Item 10- Citizens' Discussion: 1. Mr. Paul Seaton questioned the possibility of differential taxation being applied in the Industrial area due to the fact that power in sufficient quantity may not be made available to the industry and that sewer to Louisiana Pacific site is not now available. The City Manager reported that power was being provided now and that the only problem was with the type of motor being used on the chipper which created fluctuations in voltage. The Manager reported that the proposed sewer would run through the Louisiana Pacific area and no differential taxation would be recommended. Mrs. Straley inquired about the federal government being subject to city or borough zoning laws and the city attorney reported that while it was not subjected to the laws the federal government attempted to follow them reasonably well. Mr. Sid Clark suggested that council consider a motion to authorize the City Manager to proceed with the Step II grant application forms. Clmr. Dague seconded by Clmr. Oldow moved to authorize the administration proceed with Step II appli- cation forms and to execute them on behalf of the municipality. Passed unani- mously. Clmr. Dague questioned the possibility of an alternative effort being made to the Sewage Treatment Plant Project, and about the possibility of ignoring the law. Mr. Kenneth P. Jacobus, city attorney, noted that fines could be applied to the municipality, that some fines have been imposed in California and that it was necessary to do something to satisfy Environmental Protection Agency regulations. Mr. Jacobus noted the federal government could refuse financing in other areas and could if necessary, apply criminal sanctions against the community and officers. It was his recommendation, continued Jacobus, to agree to go ahead with the project and to try to negotiate Environ- mental Protection Agency requirements down to a more satisfactory level. Mr. Don Oldow noted the Outer Continental Shelf leasing program was being delayed and that this might afford time to be prepared for impact, but asked who was going to tell the city what will be necessary. The City Manager could not explain at this time those factors which may affect the community but indicated the study being proposed by the Kenai Peninsula Borough would be helpful in handling impact, if the study was conducted with impact management in mind. Clmr. Dague noted that Grant Lake was still considered a possibility for use as a hydro- electric site, and that the Federal Power Commission withdrawal for that area had not yet been revoked. Vice-Mayor Hulm expressed his opinion that there would be no delay of consequence from the Environmental Agencies regarding gulf exploration or development. He noted that the country could not afford delay. Vice-Mayor Hulm concluded by reporting that impact statements had been presented by the Kenai Chamber of Commerce at an Oil Environmental Assessment Hea~~jr& . ng the effect of sudden growth in the Kenai area. (~_,\ Or ..,)E'/v^ . \\~tem 11- Adjour~ t: Clmr. Dague moved to adjourn. Vice-Mayor Hulm adjourned I the meeting at lO:Z~ P.M. ?J ,:> !"~ .~ ~ Hulm e , RESOLUTION OF INTENT SEWARD, ALASKA RESOLUTION NO. 936 Resolution indicating that the City of Sewar~ Government, having the necessary legal, financial, institutional, and managerial resources, intends to construct, operate, and maintain certain proposed treatment works if such works are approved and funded by the State and Federal Governments. .. WHEREAS, the City of Seward possesses the necessary legal, financial, institutional, and managerial resources to construct, operate and maintain sewage treatment works and related facilities; and WHEREAS, the existing collection, treatment and disposal facilities do not meet current State and Federal requirements; and WHEREAS, the recently completed facility planning report, prepared in accordance with the Final Construction Grant Regulation, 40 CFR, Part 35, Subpart E. dated February 11, 1975, recommends certain improvements to the City's collection, treatment and disposal facilities will satisfy State and Federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City hereby indicates its concurrence with the proposed recommended facilities in the referenced planning report and the City's intent to construct, operate, and maintain such proposed facilities in accordance with State and Federal requirements, if said facilities are approved and funded by the State and the U. S. Environmental Protection Agency. Dated this 26 day of January, 1976. John Nord, Junior Mayor Richard A. Neve', Mayor Bernard C. Hulm, Councilmember Pamela F. Oldow, Councilmember G. James Dague, Councilmember John F. Gillespie, Councilmember Frank Dieckgraeff, Councilmember James R. Filip, City Manager/Clerk ".) () .) . PAGE 39 VOLUME 17 REGULAR MEETING-FEBRUARY 9, 1976 Item 1- Alaska, 7:34 P. The Regular Meeting of the Common for February 9, 1976 was called to M., in the Council Chambers. Council of the City of Seward, order by ~ayor Neve' at Item 2- The Opening Ceremony was led by Clmr. Oldow. I Item 3- Roll was called and those present were Mayor Neve', Clmr. 's Gillespie, Dieckgraeff, Hulm and Oldow. Clmr. Dague was excused absent and Jr. Mayor Nord was absent. Item 4- Approval of Minutes as presented or corrected for the meetings of January 12th, January 19th and January 26, 1976. Clmr. Oldow seconded by Clmr. Dieckgraeff moved to approve the minutes as presented. Passed unanimously. Item 5- Borough Assembly Report: Clmr. Oldow reported on Assembly action relating to zoning in the Seward area. That the Assembly had meet as a Board of Equalization and had agreed with the Borough Assessor regarding taxes due from Louisiana Pacific, that the Borough Assembly would consider an ordinance providing for real property tax exemption for owner/occupied dwell- ings and that the Seward High School bond issue would be put up for public bid. I Item 6- City Manager's Report: 1. The City Manager requested the addition of Item 10-8, Ordinance No. 416, PROHIBITING THE CARRYING OF OPEN CONTAINERS OF ACOHOLIC BEVERAGES IN PUBLIC AREAS WITHIN THE CITY. First reading. 10-9, Ordinance No. 417, PROVIDING FOR TRANSPORTATION OF GARBAGE OR RUBBISH UNDER CONTROLED CONDITIONS. First reading. There was no obiection to these additions. The City Manager also, reported that February 15, 1976 had been the date of initiation of construction of the Jesse Lee Home properties and the Manager requested clarification as to his responsibility in case the con- struction was delayed. Council suggested that a meeting with the city attorney Mr. Richard O. Gantz be arranged for February 23rd and that representatives from the development company also be invited to attend if construction was infact delayed. In addition the Manager reported that Mr. Herman Leirer had been in contact with Senator Stevens and that the senator indicated that requests for additional funds to assist in dredging at the Seward Dock should be directed to Mr. Bruce Flohr, Assistant Secretary, Department of Transportation, hTashington, D. C. Mr. Leirer reported to the City Manager that this effort needs prompt consideration since the dredging work was to be completed by March 15, 1976. Council had no obiection to making this request on behalf of the Alaska Railroad. The City Manager also reported on items of legislation pending in Juneau. He noted that Senate Joint Resolution No. 41, am, and House Joint Resolution No. 46, regarding modern silvicultural techniques, Senate Bill No. 498, relating to contractors bonds for public buildings, and works, Senate Bill No. 519, coastal management, Senate Bill No. 540, assault and battery on a peace officer, Senate Bill No. 544, regulatory powers of municipalities, House Bill No. 546, public utility rates, Senate Bill No. 548, Department of Transportation, House Bill No. 607, Alaska Forest Practices Act, House Bill No. 610, general obligation bonds for water supply and sewage systems, House Bill No. 617, general obligation bonds for the University of Alaska and Senate Bill No. 557, general obligation bonds for local services roads and trails. Discussion followed and it was agreed to support the bills with the exception of House Bill No. 546, utility rates and Senate Bill No. 534, regulatory powers of municipalities. In concluding his report the City Manager noted that the area proposed for the Chugach Development Corp. Hotel was considered to be in a high risk area according to the Comprehensive Plans submitted by the Alaska State Housing Authority. It was noted that insurance for the hotel in this location was prohibitively high, according to Mr. James Foode, of the corporation. The Manager reported the ownership was the city's after checking was completed by the city engineer. Discussion followed and it was agreed to request the Corps of Engineers to review the hazard designation as well as to contact the city engineer's office in Anchorage for information regarding the continuing development of the buttress area and Turnagain Sub- division area, in Anchorage following the 1964 Earthquake. I 4U PAGE 40 VOLUME 17 REGULAR MEETING-FEBRUARY 9, 1976 Item 7- Communications: 1. A letter dated January 30, 1976 from Amax Engineering and Management Services, Co. reporting it would be uneconomical to undertake the exportation of coal from Alaska and Seward at this time, signed Bruno Boik, Executive Vice-President. The City Manager noted that cancellation of interest on behalf of Amax eliminated the possibility that the city and the company could get together on providing a new source of electrical power for the community and industry as well. The City Manager reported he had arranged for a meeting with Mr. George Dixion of R. W. Beck & Associates to review the current power situation with representatives from Chugach Electric, Inc. and would be making a reoort to council at a later date. Discussion followed and it was agreed that Mr. Dixion be invited to the City Council meeting on February 23rd to inform the public as to the current status of the electrical power supply. 2. A letter dated January 22, 1976 from Omar, organ- ization for the management of Alaska's Resources, Inc. requesting support for the trans-Alaskan Gas line route, signed Beverly Isenson. 3. A letter dated January 13, 1976 from the Division of Policy Development & Planning requesting comments on Coastal Zone Management l'rogram as set out in Senate Bill 519, signed Glen Akins, Coordinator, Alaska Coastal Management Program. Council agreed to review the bill and to agree on a policy during the next regular meeting. 4. A coPy of a questionnaire sent out by the City of Homer was reviewed and it was agreed to conduct the same study on behalf of the City of Seward. 5. A letter dated February 2, 1976 from the Alaska Municipal Bond Bank Authority reporting on the deadline of March 1, 1976 for applications for loans from municipalities, signed David A. Rose, Executive Director. The City Manager reported he intended to file on behalf of the municipality a request for assistance in supoort of the water and sewer system bonds. 6. A letter dated January 29, 1976 from the Acoholic Beverage Control Board submitting copies of applications for renewal of a restaurant license for the Mini-Mall, renewal of a club license for the American Legion Club and a transfer of a restaurant license from James E. l'ortwood to Jean E. Leer, signed Miss A. A. Lee Young, Records & Licensing Suoervisor. Council had no objection to the applications as submitted. Item 8- Citizens' Discussion and Public Hearings: 1. Public Hearing/Regardin the Propose Sale of Lot 3, Block 32, Original Townsite to Jesse and Bessie Lanman for $1500. The City Manager explained the proposal noting that the lot could not be used for construction since it was undersize and added that if council had no objection it could be sold for 10% down and the balance over a five year period at 8% interest. Mayor Neve' opened the Public Hearing. There was no one present who desired to be heard. Mayor Neve' closed the Public Hearing. 2. Mrs. Beverly Dunham suggested that it has been 12 years since the Earthquake and that we should attempt to change the designation of the Seventh Avenue lands from high risk to something which would permit use. 2. Mr. Oscar Watsjold noted that the Fire Department had held a meeting and that the volunteer members had suggested that council make the decision re- garding fire surpression activities outside the city limits. Discussion followed and it was decided to have a Public Hearing during which time interested individuals could speak and various alternatives explored. The date suggested for the Public Hearing was February 23, 1976. During a future work session council agreed to review fire rating bureau recommendations with the fire chief. Item 9- Council Discussion: 1. Councilmember Oldow inquired about the possibi- lity of providing pumping facilities for sewage from ships and noted with the increase in work load the need for a City Clerk was becoming more apparent. Council expressed the opinion that the city could not afford to be without one. Clmr. Hulm noted that the City Clerk/Treasurer's position was the reaction to direct impact. Clmr. Hulm reported that Alaska might receive federal funds to meet the impact demands on coastal communities, that Congressman Don Young had been successful in stopping legislation supporting National l'ark Service proposals for additional wilderness areas and inquired about Dresser Industries The City Manager reported that Mr. Emmitt Hill had been in the office to dis- cuss the possibility of building a dock facility for Dresser Industries in the vicinity of the airport and that no new information was available. Clmr. Gillespie noted agreement with the proposal to have a Public Hearing regarding suspension of fire service north of the city limits and suggested a meeting between council and the Harbor Commission at the Harbor Commission's next re- gular meeting to review progress made in that area. It was also decided to take action on the appointment to fill the vacant council seat at the next meeting. ~ I PAGE 41 REGULAR MEETING-FEBRUARY 9, 1976 VOLUME 17 I Item 10- Resolutions, Ordinances and other Action Items: 1. Resolution No. 937 (see attached) A RESOLUTION EXERCISING ~OWERS RELATED TO NAVIGATION AND REQUESTING THE CORl'S OF ENGINEERS TO UNDERTAKE A SECTION 107 STUDY PROJECT FOR SMALL BOAT HARBOR EXPANSION. The City Manager read Resolution NO. 937. Clmr. Hulm seconded by Clmr. Oldow moved to approve it. Passed unanimously. 2. Resolution No. 938 (see attached) A RESOLUTION EXERCISING POWERS RELATED TO NAVIGATION AND REQUESTING THE CORPS OF ENGINEERS TO UNDERTAKE A SECTION 107 STUDY PROJECT FOR ASSESSING DEEP DRAFT VESSEL NEEDS. The City Manager read Resolution No. 938. Clmr. Oldow seconded by Clmr. Dieckgraeff moved to approve the resolution. ~assed unanimously. 3. Resolution No. 939, (see attached) A RESOLUTION l'ROVIDING FOR APl'ROVAL OF A LEASE BETlmEN THE UNITED STATES AND THE CITY, FOR A TRACT OF LAND LOCATED WITHIN U. S. SURVEY NO. 1759, AND IDENTIFIED AS TRACT NO. 101. The City Manager read Resolution No. 939. Clmr. Hulm seconded by Clmr. Dieckgraeff moved to approve it. Passed un- animously. 4. Appointment of a Bicentennial Chairman was postponed by mutual agreement until the next regular meeting. 5. Appointment of l'lanning and Zoning Commissioners. Clmr. Hulm seconded by Clmr. Oldow moved to appoint Dr. John Noyes, Mr. Herman Leirer, Mr. Bob Booher to three year terms in the Planning and Zoning Commission. Motion passed unanimously. A two year term for the Planning and Zoning Commission was not filled at this time. 6. Appoint- ment of Harbor Commissioners. Clmr. Oldow seconded by Clmr. Hulm moved to appoint Mrs. Carol Bennie, Mr. Val Anderson and Mr. Jim Pruitt to the Harbor Commission. Passed unanimously. 7. Purchase authorization steam generator unit. The City Manager reviewed information regarding the alternatives for purchase of a steam unit to thaw culverts during winter weather. The inform- ation obtained indicated that a Cleaver Brooks unit would cost $8,467.19, a Dixon unit would cost $11,506.40 and used steamer $3,000, the administration recommended the Cleaver Brooks unit at aporoximately $10,000 which would include freight, crew time for set-up and miscellaneous expenses. Clmr. Hulm seconded by Clmr. Oldow moved to approve the purchase of a Cleaver Brooks unit at approximately $10,000 as recommended by the administration. Passed un- animously. 8. Ordinance No. 416, (see attached) AN ORDINANCE AMENDING SECTION 3-2 OF THE SEWARD CODE OF ORDINANCES TO PROHIBIT THE CARRYING OF OPEN CONTAINERS OF AtOHOLIC BEVERAGES IN PUBLIC AREAS WITHIN THE CITY. First reading. The City Manager read Ordinance No. 416. Clmr. Oldow seconded by Clmr. Dieckgraeff moved to approve Ordinance No. 416 on first reading and to advance it to second reading. 9. Ordinance No. 417, (see attached) AN ORDINANCE CREATING SECTION 12-4 (a) OF THE SEWARD CODE OF ORDINANCES DEALING )vITH TRANSPORTATION OF GARBAGE, RUBBISH AND WASTE MATERIAL. First reading. The City Manager read Ordinance No. 417. Clmr. Hulm seconded by C1mr. Dieckgraeff moved to approve Ordinance No. 417 on first reading and to advance it to second reading. l'assed unanimously. I Item 11- Citizens' Discussion: 1. Mrs. Karen Swartz reported that Mr. Bill Vincent had commented on the council position, indicating he would like to be considered for the appointment. 2. Mrs. Beverly Dunham noted that councilmember Lutz had been endorsed for Borough Assembly and can do a better job to the community there. She felt it was not right to have him back on the council in view of the number of meetings and the demands on time made at each level of government. She thought that the council should be open to suggestions regarding this appointment. I Clmr. Oldow moved to adjourn. Mayor Neve' adjourned the /2;)J Il,/C!U Richard A. Neve' Mayor 4~ PAGE 42 VOLUME 17 REGULAR MEETING-FEBRUARY 23, 1976 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for February 23, 1976 was called to order by Mayor Neve' at 7:42 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', Clmr.'s Hu1m, Gillespie, Dague, Oldow, Dieckgraeff and Jr. Mayor Nord. Item 3-2 Appointment of Councilmember to complete the unexpired term left vacant by the resignation of Robert J. Lutz. Mayor Neve' reported council had considered the appointment and the nomination of Robert F. Mott had been made. Clmr. Hu1m seconded by Clmr. Dague moved to appoint Mr. Robert F. Mott to the term of the City Council ending October 11, 1976. Passed unanimously. Item 3-3 Robert F. Mott was then sworn into office by the City Manager. Item 4- Approval of Minutes as presented or corrected for the meeting of February 9, 1976. C1mr. Dague seconded by C1mr. Oldow moved to approve the minutes as presented. Motion passed unanimously. Clmr. 01dow noted that work session dates should be posted in the minutes so that members would be aware of the schedules agreed on. Item 5- Borough Assembly Report: C1mr. Oldow reported she had been appointed to the Finance Committee on the Kenai Peninsula Borough Assembly, that approx- imately one million dollars in lost revenue had been experienced in the one percent (1%) reduction in the Borough Sales Tax rate, that the rezoning of Lot 1, Block 2, Oceanview Subdivision, (Ordinance 76-1) had been postponed indefinitely, to be reopened for Public Hearings in Seward at a later date and that the Borough Assembly had passed Ordinance 76-5, opposing the Harding Ice Field/Kenai Fjords National Park Proposal. Item 6- City Manager's Report: 1. The City Manager introduced Mr. George Dickson and Mr. Douglas Rigg representing R. W. Beck & Associates who discussed future planning necessary in connection with electrical service improvements in the community. Mr. Dickson noted that improvements are required now and in the future to continue a high level of service to customers. He noted that capital expenses are postponed for as long as possible in each situation. Looking at normal growth the community has approximately two years in which to make line improvements. If extra growth is experienced it would then be necessary to accelerate the improvement program. Mr. Dickson reported that all proposed equipment additions could be used as the systems capacity would be increased and that a report will be made with itemized estimates and suggestions for each phase of the improvement effort. 2. The City Manager reported that he and the Mayor would be traveling to Juneau in mid-March to attend a session of the legislature and to do what the municipality required at that time. The Manager also noted that he would travel to Portland to attend the Northwest Regional Conference of the International City Management Association and return to Juneau to attend the meeting of the Alaska Association of Municipal Clerks. There was no objection to the proposed travel plans. Item 7- Communications: 1. A letter dated February 23, 1976 requesting the use of city property in the area of the Little League field to be used as a playground, signed Al Lamberson, Seward Jaycees. The City Manager reported a request for funds for 50% funding to construct a fence around a playground had been requested of the State Division of Parks but that no word had been received from the officials regarding the grant request. 2. A letter dated February 20, 1976 from Last Frontier, Inc. reporting construction progress and indicating expenses in excess of $67,000, signed Kenneth S. Boggs. 3. A letter dated February 20, 1976 from A.I.M., Inc. reporting on a projected time schedule for construction and remodeling of the Jesse Lee Home, Phase I, 60 days for camp set-up, snow removal, install- ation of power and lighting and framing of interior walls. l'hase II, 60 days for plumbing and heating installation, installation of insulation and sheet rocking walls. Phase III, 45 days for painting, trimming and interior assess- ories, signed Donald W. Border, General Superintendent. 4. A letter dated e . CITY OF SEWARD RESOLUTION NO. 937 A RESOLUTION exercising powers related to navigation and requesting the Corps of Engineers to undertake a Section 107 Study Project for Small Boat Harbor expansion. WHEREAS, the City of Seward has need for additional Small Boat Harbor capacity to accommodate the needs of the commercial fleet operations in this vicinity, and .. WHEREAS, the City of Seward presently operates and has jurisdictio~ over the Small Boat Harbor, NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Seward, Alaska, wishes to assess the potential for expansion of the existing Small Boat Harbor as provided in Section 29.48.030 (A) (3) , Alaska Statutes, and BE IT FURTHER RESOLVED that the City Manager's letter to the Alaska District, U. S. Army Corps of Engineers, requesting a Section 107 Reconnaissance Study and outlining the acceptance of the responsibility by the City for the participation in a Section 107 Project, if feasible and possible, is hereby authorized. Passed and Approved by the Common Council of the City of Seward this .9 day of February, 1976. Richard A. Neve' Mayor ATTEST: James R. Filip, City Clerk/Treasurer - < ~l - . r' '" .i'~ A USOLUTIOlf exerdaiD& pGWen nlaC_. to uviptlon aD4 raquutiaB the Corps of Engineer. to U1lller~ a s.c~Wn 107 Stud,. Project fOl' &a8udng deep draft vu.el n..... . WBEIlBAS. the City of ....rd. .1 n""" ....< ~or a4dit1oual deep draft vu.e1 faeUiU... .... <' .' . WBEUAS. the Cit,. of Seward pr...ntl,. CMWA ...,...t~d facUity which baa pot_tiel for .......1on. < .. eM 0'1 __. . IlSOLD1'IOB... 'W , NOW. TRBREfOU Blfl' PSOLftD. that tile 0.: OIl Council of the City of Seward "ercu. ita powu to pcO'ride for.... draft v....l facil1t1.. a8 provided in Sect:lo1l 29.41.030 (A) . (3). of th. Alaalta State Sta'tat... and BE IT PUa'l'RD lIIIOLftD. that tile City ......... letter to the Alaaka District. U. S. Ara1 Corp. of _iue.. requelltiq a Sect:Lon 107 1leconnai..anc. Study .. oat11n11lJ the ac:ceptanc. of the r..ponaibUity by the City for the pert1cipat1on of the 1IIIU1c1p&lity if f88db1. and possible. 18 hereby authoriaed. Pa8sed and Approved this 9 day of February. 1976. Richard A. H... ' Mayor ATTEST : James R. FUip. City Clerk/Treasurer - . CITY OF SEWARD RESOLUTION NO. 939 WHEREAS, the City of Seward has been requested to enter into a lease with the United States of America, and 4 \mEREAS, the Common Council of the City of Seward desires to enter into this lease, NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of Seward, Alaska that the City Manager be and is hereby authorized to execute the lease between the City of Seward and the United States of America for 10.94 acres of land located in Section 34, Township 1 North, Range 1 West, Seward Meridian, as described in Exhibit A, of the contract, and BE IT FURTHER RESOLVED, that this lease be amended by deleting para- graph 6, and reinserting it to read as follows: The Government or City may terminate this lease at any time by giving thirty (30) days notice in writing to the leasor or leasee, and no rental shall accrue after the effective date of termination. TIllS RESOLUTION SHALL take effect thirty (30) days after posting. Passed and Approved this 9 day of February, 1976. Richard A~ Neve' Mayor ATTEST: James R. Filip, City Clerk/Treasurer I I I f .) '-i .) PAGE 43 REGULAR MEETING-FEBRUARY 23, 1976 VOLUME 17 February 17, 1976 from the Seward Jaycees requesting permanent starting and finishing lines for the Mt. Marathon Race be painted on Fourth Avenue, signed Bob McCabe, President. There was no objection to this request. 5. A letter dated January 13, 1976 from the Division of Policy Development and l'lanning, transmitting information on the proposed Coastal Zone Management Program, signed Glen Akins, Coordinator, Alaska Coastal Management Program. Council had reviewed this letter prior to the meeting and it was their desire to continue to oppose the development of Coastal Zone Management. 6. A letter dated February 9, 1976 from the Department of Environmental Conservation, reporting on the Federal Water Pollution Control Act amendments of 1972 and asking that we consider becoming a qualified local agency to develop the required area wide Waste Treatment Management l'lan, signed Jonathan W. Scribner, Director Division of Water Programs. There was no objection to proceeding with this designation. 7. The City Manager noted that a committee of Seward High School students had visited the office to con- sider the possibility of amending the present curfew ordinance. The group had met with the City Manager and the Police Chief earlier in the month and the consensus of opinion revealed that an amendment to the ordinance would be appropriate, if council had no objection. Discussion followed and it was suggested an additional paragraph be added that would provide authorization for special activities by the Chief of Police on a per-need basis. Council had no objection with the drafting of this ordinance amend- ment. 8. Approval of Liquor License transfer for Tony's Bar and Tony's Liquor Store. Clmr. Oldow seconded by Clmr. Hulm moved to approve the liquor license transfer as requested. Motion passed unanimously. Item 8- Citizens' Discussion and Public Hearings: 1. Public Hearing/ Regarding the Proposed Suspension of Fire Service to areas outside the city limits. The City Manager read a letter dated February 22, 1976 from Mr. Fred Moore suggesting the city try to find a way that we can all work together to get the equipment we all need and to put it in Seward where it belongs and be prepared for the future, Sincerely, Fred Moore. Mr. Keith Knighten noted that the proposal to provide fire protection was up to the residents who lived outside the city limits and it was up to them to provide a solution. Myr. Neve' reported that the fire department does the best it can, that the community is concerned about the future and especially the growth which is likely to take place outside the city limits. Clmr. Gillespie suggested that what was necessary and wanted is Borough participation in fire protection service and that the creation of a fire service district by an election should be pursued. Clmr. Dague reported that the chances of losing fire equipment are high and replacement time for this type of specialized equipment could be lengthy. Jr. Mayor Nord asked if the cost of a tank truck located outside the city limits now would be prohibitive and the Mayor said, yes. The ~ayor reported that no conclusion was possible tonight but that the residents should work on a plan of action and the city would be willing to meet with a committee or the residents as a group to discuss possibilities for a solution of this particular problem. No one under citizens discussion desired to be heard. Item 9- Council Discussion: 1. Clmr. Oldow inquired about the status of the Oil Impact Fund request for payment and the City Manager reported it would be processed and sent out on Thursday. She noted she would not be available to meet with Mr. Hudson but noted there was a need from the Ferry System to pay for use of city facilities. Clmr. Oldow also reported that she had asked the Corps of Engineers for information on releasing the high risk designation from the lands along Seventh Avenue and that the Corps had phoned her and told her the information would be sent to her. The City Manager thanked Clmr. Oldow for taking this responsibility and suggested that he would not pursue it further until she had researched the situation in more depth. Council had no ob1ection to releasing the city administration from this responsibility due to the time situation presently felt by all staff members. Clmr. Dague inquired about the status of the 30 mile a hour signs on Third Avenue in the vicinity of the Country Store and the City Manager reported it would be necessary to check this item again with the department of highways. Clmr. Hulm noted that the foreman from the electric utilities should be involved in the planning work and the City Manager re- ported that the foreman had been included in sessions held earlier in the 44- PAGE 44 REGULAR MEETING-FEBRUARY 23, 1976 VOLUME 17 day. Clmr. Gillespie inquired about the joint meeting with the Harbor Commission and the City Manager reported that it was scheduled for Wed- nesday evening, February 25th. Mayor Neve' asked for a moment to silently meditate in respect to the memory of Dr. Steven L. Harris who had accidently lost his life on February 19th. Mayor Neve' suggested a joint meeting with the hospital board on March 8th to consider financial plans for the facility. Clmr. Oldow asked for and received council permission to be absent for the meetings of March 8, and March 22, 1976. Item 10- Resolutions, Ordinances and other Action Items: 1. Resolution No. 940, A RESOLUTION APPROVING THE SALE OF LOT 3, BLOCK 32, ORIGINAL TOWNSITE TO JESSE AND BESSIE LANMAN. The City Manager read Resolution No. 940. Clmr. Hulm seconded by Clmr. Oldow moved to approve the Resolution. Passed unanimously. 2. Ordinance No. 416, AN ORDINANCE AMENDING SECTION 3-2, OF THE SEWARD CODE OF ORDINANCES TO PROHIBIT THE CARRYING OF OPEN CONTAINERS OF ACOHOLIC BEVERAGES IN PUBLIC AREAS WITHIN THE CITY. Second reading. The City Manager read Ordinance No. 416. Clmr. Hulm seconded by Clmr. Dieckgraeff moved to approve the Ordinance and to advance it to third reading. Passed unanimously. 3. Ordinance No. 417, Clmr. Oldow seconded by Dague moved to read Ordinance No. 417, by title only. The City Manager read Ordinance by title only. Clmr. Oldow seconded by Clmr. Dague moved to approve Ordinance No. 417 and to advance it to third reading. Passed unanimously. 4. By con- sent the appointment of a Bicentennial Chairman was postponed until the next agenda. 5. Clmr. Oldow seconded by Clmr. Gillespie moved to appoint Mr. Patrick O'Brien to the Seward Advisory Planning and Zoning Commission for a two year term, ending February 15, 1978. Passed unanimously. Item 11- Citizens' Discussion: 1. Mr. Paul Seaton noted that Ordinance No. 417 and Ordinance No. 411 covered similar areas of interest and that if 417 is passed the other needed to be rescinded. Mr. Seaton also complained regarding the hearsay evidence which was presented from the city's attorney and from the consulting engineer hired for the project. It was his infor- mation that there has been no action in court regarding non-compliance with federal and Environmental Protection Agency standards and that information presented at the council meeting was not correct, Clmr. Oldow noted that the Coastal Zone Management Program should be conducted at the local level instead of the state lavel. It~f~~~i~ijr}}m :' ~,ffie~~ng~~)!,~~~ k," , F'" "", /::;1"'<' fl' ~ "', . f" -, ~.., .- {~, Dague moved to adjourn. Mayor Neve' adjourned te:J J J" ;11 d Richard A. Neve' Mayor ----------------------------------------------------------------------------------- REGULAR MEETING-MARCH 8, 1976 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for March 8, 1976 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. Hulm. Item 3- Roll was called and those present Gillespie, Mott, Hulm and Jr. Mayor Nord. Oldow, Dieckgraeff and Dague. were Mayor Neve', Clmr.' s Excused absent were Clmr.'s Item 4- Approval of Minutes as presented or corrected for the meeting of February 23, 1976. Clmr. Hulm seconded by Clmr. Gillespie moved to approve the minutes as presented. Motion passed unanimously. e ~ CITY OF SEWARD RESOLUTION NO. 940 . ----- // A RESOLUTION, approving the sale of Lot 3, Block 32, Original Townsite, to Jesse and Bessie Lanman. WHEREAS, the City of Seward, Alaska owns Lot 3, Block 32, Original Townsite, and WHEREAS, this lot is 3,000 square feet in size and therefore insufficient to permit the construction of a dwelling which would be in conformance with existing land use regulations, and .. WHEREAS, in accord with Section 2-92, of the Code of Ordinances, the City Council determines that the disposal of this parcel of real property by public sale is not in the public interest and that it is in the public interest to s.ell this property to Jesse and Bessie Lanman who have expressed interest in the acquisition of this lot. NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL, OF THE CITY OF SEWARD, ALASKA, that Section 1, the City shall sell Lot 3, Block 32, Original Townsite, to Jesse and Bessie Lanman, with a sales price of $1500. Section 2. The terms of the sale shall be ten percent (10%) down, five (5) annual payments with interest at the rate of eight percent (8%) per annum. Section 3. This Resolution becomes effective thirty (30) days after passage and publication in accord with Section 2-88 of the Seward Code of Ordinances and the sales documents may be executed at the conclusion of the posting period. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23 day of February, 1976. Richarcl A. Neve' Mayor ATTEST: James R. Filip, City Clerk-Treasurer I I I ~~ PAGE 45 REGULAR MEETING-MARCH 8, 1976 VOLUME 17 Item S- had told items of Borough Assembly Report: Mayor Neve' reported him that the last Borough Assembly meeting was interest to the Seward area were discussed. that Clmr. Oldow short and no Item 6- City Manager's Report: 1. The City Manager reported that Mr. William Hudson, Director of the Division of Marine Transportation, would be in Seward on Friday evening, at 7:30 P.M., in the Council Chambers, to discuss ferry rates and service changes and that Dresser Industries would be in Seward on Tuesday. The Manager also reported he had planned to attend the Homer Electric Association Board of Directors meeting in Homer tomorrow as well. Item 7- Communications: 1. A letter dated February 23, 1976 providing notification of probable violation of Federal Water Pollution Control Act Amendments, by discharging oil into the waters of the United States from an on shore facility and assessing a fine of $25, signed B. V. Billingslea, Captain, U. S. Coast Guard. Council had no objection to paying the $25 fine. 2. A letter dated March 3, 1976 from the Division of Community Planning indicating the $10,000 of HUD 701 planning funds would still be available to the City of Seward, signed Paul A. Carr, Principal Planner. 3. A letter dated March 4, 1976 from the Department of Environmental Conservation expressing certain questions regarding the proposed Compre- hensive Waste Water Facility Plan of December 1975, signed Jonathan W. Scribner, Director, Division of Water Programs. 4. A letter dated March 4, 1976 from International Brotherhood of Electric Worker's re- questing a change in the Health & Welfare coverage to the IBEW plan now in effect, signed I. M. Waldrop, Jr., Business Manager. Council had no objection to this change provided the employees pay the difference in cost. 5. A letter dated March 2, 1976 advising that the Recreation Advisory Committee on Outdoor Recreation had allocated to the City of Seward $10,000 for tennis court construction but adding that this is not an assurance of project funding until the grant agreement is approved by the federal Bureau of Recreation, signed Russell W. Cahill, Director. 6. A letter dated February 28, 1976 to the Honorable Thomas S. Kleppe from Vice-Mayor Hulm regarding his decision to continue with the Gulf of Alaska exoloration and development work, signed Bernard C. Hulm, Vice- Mayor. 7. A coPy of a request for proposal for a candidate site for installation and field testing of a large experimental wind turbine generator systems from the Energy Research and Development Administration. The City Manager explained that he and the city engineer were working on a proposal and would ask the federal government to fund the project conditioned upon Seward's investing only in-kind labor contributions. Council had no objection to proceeding with the proposal for an experi- mental wind turbine generator system. Item 8- Citizens' Discussion and Public Hearings: 1. A meeting with the hospital board regarding the operation of Seward General Hospital. Hospital board members in attendance were Mr. Jack Werner, Mr. Burton Baugh, Mrs. Peggy Lutz, Mrs. Margaret Hafemeister, Mrs. Vi Fish, Mr. Bob McCabe and hospital administrator Keith Campbell. Dr. John Gray was introduced and Dr. John Noyes was present. Hospital administrator Keith Campbell reported the hospital was currently in a down cycle and had lost approximately $39,200 to date. He indicated there was a need for more patients and that the formation of a service area might offer the relief necessary. He also reported the state could make low interest loans for hospital facilities and that representative Keith Specking was investigating this approach. Campbell reported that they were having difficulties with no way of overcoming them, at this time there are no staff members to be reduced and he was asked what could be described as an "under utilized public facility." Mr. Jack Werner indicated that there were problems which were not identified and asked why it was hapnening at the present time. Campbell reported that the patient load was not sufficient at present, that the patient stay was half of what it was approximately four years ago and that it was necessary to have twice as many patients now as then to hold income levels up. Dr. Noyes reported that he felt it was a temporarv problem which will improve in time as the community in- creases its economic development posture and population increases. Noyes also reported he worked to keep patients out of the hospital unless it was 40 PAGE 46 REGULAR MEETING-MARCH 8, 1976 VOLUME 17 necessary to their long term health. Neve' reported that the problem was one of keeping the hospital open and that the population presently could not sustain it at the necessary level. Neve' noted that the city could not take over the hospital at the present time and suggested that this was a state health problem. He added that contacts should be made to the Department of Community & Regional Affairs, to the Governor, to keep the hospital afloat. Neve' noted it was necessary for the hospital to cut expenses in all ways possible and he would help by going to Juneau with the City Manager to discuss this problem among other matters of importance to the municipality. Mrs. Don Gilman noted that she was willing to pay a mill rate increase, Mr. Bob McCabe reported that he no intention of closing the hospital but only wanted to bring this problem to public attention so that it could be resolved as early as possible. Mrs. Beverly Dunham noted that the city had not done an effective selling job on the sales tax proposal at the last election and it was necessary to make people aware of the need, to tell them about the need and to sell them on increasing taxes to provide things which are of vital importance to the community. Jack Werner noted that it was necessary to review long and short term financing alternatives and that the hospital was approximately 20 years old and it was growing increasingly expensive to maintain and operate and that there was a need for more money for the future. Mrs. Lutz noted that no cuts were left that could be made without harm to the operation of the facility and Bob McCabe reported that the room rate is as high as it could go at the present time. No decision regarding funding the hospital was made during this meeting. 2. Public Hearing/R-21 Urban Renewal land, Residential or Commercial Re-development Proposals. The City Manager renorted that six lots had received bids at the R-21 Land Re-development Sale and that nine were left for re- development at the present time. Mayor Neve' opened the Public Hearing. Mrs. Laura Straley questioned if there had been any change in requesting full payment for lots in question. The City Manager reported Housing and Urban Re-development had no objection as long as the city was doing the financing. At the present time the municipality is not in the position to finance the sale of the lots and therefore, the minimum bid price was still going to be the amount requested for lots sold over the counter at this time. No one else in the audience desired to be heard. Mayor Neve' closed the Public Hearing. 3. Mrs. Beverly Dunham reported that legislation in Juneau to provide for the sale of wine and beer in grocery stores should be objected to. Council agreed with this proposal. Item 9- Council Discussion: Clmr. Hulm reported the Love Marine Way Study report was an amaterurish document and it was sad to spend government money for it, that we should support House Bill 600 regarding mandatory sentencing and to oppose House Bill 688 regarding the repeal of municipal land selection rights. Hulm also reported that he had reviewed Ordinance No. 411 and that it was in need of clarification by the city attorney. Clmr. Mott questioned the $10,000 for tennis court award and the administration reported that 50% of the money or in this case another $10,000 would need to be made available to construct the project. Mayor Neve' reported that he and council member Oldow had been in touch with Mr. Dale Merrill with Department of Public Works for the City of Anchorage and that Mr. Merrill was sending information regarding their position of proposing secondarv treatment. Merrill pointed out it was necessary to go along with the program but that in view of pend- ing changes in the law it might not be a bad idea to proceed slowly. Merrill also suggested that Seward should not be bold in initiating opposition to the law. Resolutions, Ordinances and other Action Items: 1. Resolution No. 941, (see attached) A RESOLUTION COMMENDING THE SEWARD HIGH SCHOOL BASKETBALL TEAM FOR RECENT VICTORIES. Clmr. Mott seconded by Clmr. Hulm moved to adopt Resolution No. 941. Passed unanimously. 2. Ordinance No. 416, (see attached) AN ORDINANCE AMENDING SECTION 3-2 OF THE SEWARD CODE OF ORDINANCES TO PROHIBIT THE CARRYING OF OPEN CONTAINERS OF ACOHOLIC BEVERAGES IN PUBLIC AREAS WITHIN THE CITY. Third reading. Council requested Ordinance No. 416 to be read by title only. The City Manager read the Ordinance by title only. Clmr. Hulm seconded by Clmr. Mott moved to approve Ordinance No. 416. Passed unanimously. 3. Ordinance No. 417, (see attached) AN ORDINANCE CREATING SECTION 12-48 OF THE SEWARD CODE OF ORDINANCES DEALING WITH THE TRANSPORTATION OF GARBAGE, RUBBISH AND WASTE MATERIAL. Third reading. Council requested this Ordinance to be read by title only. The City Manager read the Ordinance by title only. Clmr. Hulm seconded by --- . e CITY OF SEWARD , ,. ._-----~~ -- CITY MANAGER COMPTROLLER INfORMATION CITY POLICE 2?4.5214 224 5216 2245215 224 5201 P. o. BOX 337 SEWARD, ALASKA 99664 .. RESOLUTION. NO. 941 WHEREAS, the Seward High School basketball team has won the Region III, Southern Division tournament by beating Kodiak 58 to 48, and WHEREAS, the season record shows 24 wins and 5 losses, and WHEREAS, the team has earned the right to play for the State Championship, NOW, THEREFORE, BE IT RESOLVED, the Common Council of the City of Seward, Alaska, hereby commends the team, the coaching staff, the cheerleaders and the student body for the victories won, and BE IT FURTHER RESOLVED, that best wishes for the 1976 Alaska State Tournament are conveyed! Dated at Seward, Alaska, this 3rd day of March, 1976. fl;J~t 4'~~1r Richard A. Neve' Mayor ICity / .,., " I . . \-~ -.' '" ,I.... .,0(: ;~ - : .... " ,<; c;.;;.;~~>:~", _, I I I f~ ~l PAGE 47 REGULAR MEETING-MARCH 8, 1976 VOLUME 17 Clmr. Mott moved to enact Ordinance No. 417. Passed unanimously. 4. Appoint- ment of a Bicentennial Chairman. By council request the apnointment was agreed to be delayed until the next meeting. 5. Appointment of Donald L. McCloud to the City & Borough Planning & Zoning Commissions. Clmr. Hulm seconded by Clmr. Mott moved to approve the appointment. Passed unanimously. 6. Proposed increase in camping fees from $1 to $2 per night, per camping vehicle or unit. Clmr. Mott seconded by Clmr. Hulm moved to approve the increase. Passed unanimously. 7. Chugach Development Corp. request of reimbursement of remittance on lease property. The City Manager reported Chugach Development Corp. had requested the refund in the amount of $8,652.56 representing their first year's lease payment for the property in the Small Boat Harbor which could not be utilized as anticipated due to problems beyond control of the corporation and the municipality. Clmr. Hulm seconded by Clmr. Mott moved to approve the reimbursement to the Chugach Development Corp. in the amount of $8,652.56 as requested. Passed unanimously. Item 11- Citizens' Discussion: Mrs. Beverly Dunham reported an increase in parking fees from $1 to $2 was a joke, that it was not enough and that there was a need to make money from the tourist. She noted a need for expanded tax base was urgent and that the municipality should not avoid charging for services provided. Mrs. Gilman agreed that the fee was too low. Hulm moved to adjourn. Mayor Neve' adjourned Richard A. Neve' Mayor ~ y .h '( - '- '- -t"Y ---------~.~~~~~::~-~~~:~------------------------------------------------------------ REGULAR MEETING-MARCH 22, 1976 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for March 22, 1976 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. Dague. Item 3- Roll was called and those present were Vice-Mayor Hulm, Clmr. 's Gillespie, Mott, Dague and Dieckgraeff. Mayor Neve' and Clmr. Oldow were excused absent and Jr. Mayor Nord was absent. Item 3-A Vice-Mayor Hulm asked that Item 3-A be added to the Agenda; Borough Assembly Report, by Robert J. Lutz. Item 3-A Borough Assemblyman Robert J. Lutz reported that several Ordinances and Resolutions had come before the Assembly. Ordinance 76-9, Appropriation of $240,000 for construction on the Borough Office Building of the Kenai Peninsula Borough was enacted. Ordinance 76-10, selection by the Assembly of an acting assembly member to fill a vacancy in a seat reoresenting areas outside of first class cities, failed. Ordinance 76-11, confirming the results of the Regular Election authorizing $8,000,000 to be used for constructing and equipping a new Seward High School, was enacted. Ordinance 76-12, an Ordinance making a supplmental appropriation to the Capital Proiect Fund in the amount of $7,910,000, failed. Ordinance 76-18, providing for the appointment of a Borough attorney by the Assembly of the Kenai Peninsula Borpugh, failed. Resolutions that came before the Assembly were 76-7, concern- ing state and federal land withdrawals, passed. Resolution 76-10, for the re- surfacing of the Seward Highwav, passed. Resolution 76-11, opposition to House Bill 831, passed. Resolution 76-12, in support of State Senate Con- current Resolution No. 77 of the Ninth Legislation Second Session, passed. 4K PAGE 48 REGULAR MEETING-MARCH 22, 1976 VOLUME 17 Clmr. Dague commented that work on the Seward Highway was to be started this year and done in three segments. Item 4- Approval of Minutes as presented or corrected for the meeting of March 8, 1976. Clmr. Hulm asked that an addition be added to the Minutes of March 8, 1976 on Page 45, fourth line from the bottom, after the words "levels up" and insert the words "Campbell also noted that the problem was compounded by not having a doctor who could perform surgery." Clmr. Dague seconded by Clmr. Gillespie moved to approve the minutes as corrected. Passed unanimously. Item 5- Communication: 1. A letter dated March 18, 1976 from the Department of Community and Regional Affairs submitting a check in the amount of $50,850/0il Impact Discretionary Grant, signed Lee McAnerney, Commissioner. A letter dated March 19, 1976 from the Department of Public Works, Division of Marine Transportation, acknowledging receipt of a letter from the City of Seward dated March 16, 1976 for proposed changes in City of Seward/State Agreement. A letter dated March 22, 1976 from Pioneer Cab, requesting the City Council review the operations of Legion Cab Co., signed Ronald A. Devereaux. Clmr. Gillespie suggested that a letter be written to both Pioneer Cab and Legion Cab requesting their presents at the next council meeting to be held on April 12, 1976, regarding their problem. Item 6- Citizens' Discussion and Public Hearings: 1. Mr. Phillip Faulkner complained of police procedure in the writing of traffic violations and the use of "speed traps" (radar). Faulkner stated he had been issued a traffic ticket on Third Avenue by this method and felt it was unfair since he was going only a few miles over the limit. The ticket had been issued by the State Trooper and not the City Police. Chief of Police Bencardino noted that since the city had started using the radar, that citations increased but accidents had decreased, he felt people were slowing down because of the radar being used. Bencardino also noted that he had talked with Fred Lammers, of Clary Pioneer Insurance and Mr. Lammers felt that less accident reports have been filed in the last year. 2. Mr. Willard Dunham spoke on pending legislation regarding the youth in the 18 to 19 year bracket not being able to work where liquor was being sold. Mr. Dunham did not have all the facts but noted he would obtain them before the next council meeting so council could take action on this item. Mr. Dunham also objected to the letter witten by the City Manager to Mr. Sam Best, Planning Director, Kenai Peninsula Borough, regarding the objection by the Manager of Lot S, Forest Acres Subdivision, belonging to Seaton. Dunham felt the property should be rezoned, and noted that at one time it was zoned Commercial but had changed to R-l after annexation. Mr. Paul Seaton presented Council with a copy of the letter from the City Manager to Mr. Best, also copies of the petitions in favor and against the rezoning of his property. Seaton felt the letter from the Manager was unfair and should not of been signed "The City of Seward" since council had not taken action on this item and that the Planning & Zoning Commission had but that their vote was split three to three. Mrs. Donna Kowalski spoke in favor of the rezoning of Seaton's property and felt that the three Planning & Zoning members who voted against the rezoning did so due to respect for the property owners who had signed the petition against the rezoning. Clmr. Gillespie asked the opinion of the city engineer, Dick Lowman regarding the property. Mr. Lowman stated that the Manager had asked his opinion as to the rezoning of the property and Lowman concurred with the Manager that the property should not be rezoned. Lowman said he was against spot zoning and that in this particular area, it could create problems later, due to utilities, if Forest Acres developed into a high density area. Gillepie also objected to the Manager writing the letter on behalf of the City of Seward but felt the Manager should be here to explain his reasons for writing the letter. Clmr. Hulm noted that the City ~nager as well as the council members had the authority to sign their correspondence "The City of Seward." Clmr. Hulm asked Oscar Watsjold, Building Inspector, for his opinion on the Seaton property. Watsjold thought the struc- ture was sound but that the foundation was not good and should be repaired. Hulm felt Seward was in need of more housing and that the Seaton property should be rezoned. It was decided by the council to pass a motion that a letter be sent to Mr. Sam Best, Kenai Peninsula Borough. Clmr. Dague seconded by Clmr. Gillespie moved that a letter be written to Mr. Sam Best, Planning Direct- or, that the City Manager's letter of March 18, 1976 objecting to the rezoning I I I Ll ~) PAGE 49 REGULAR MEETING-MARCH 22, 1976 VOLUME 17 of Lot S, Forest Acres Subdivision was not necessarilv the reflection of the City Council and that Council had not taken action on this item. Passed unanimously. A second motion was made showing that council was in favor of the rezoning. Clmr. Gillespie seconded by Clmr. Mott moved that Mr. Sam Best be notified that council is in favor of the rezoning of Lot S, Forest Acres Subdivision from R-l to R-2, owned by Mr. Paul Seaton. Motion passed unanimously. 3. Mrs. Karen Swartz objected to the smoking in the council chambers during the meetings. Clmr. Mott moved that smoking not be permitted during the meetings. Motion failed as there was not a second to the motion. Item 7- Council Discussion: 1. Clmr. Mott inquired about the assessed value on personal and real property collections. Mr. Burton Baugh, City Comp- troller noted that the assessed value was about 20 million at the present time. Clmr. Mott also asked if the city had a personnel handbook to go by and Baugh stated they had. 2. Clmr. Dague thanked the department heads for attending the meeting and noted "it was nice to be able to ask the department heads questions directly and receive an answer." 3. Clmr. Dieckgraeff felt the that the firing of guns at the city dump should be in better control. Dieckgraeff noted that people were shooting UP his equipment there and he felt someone might be hurt if the shooting was not better controled. Chief Bencardino noted that citizens were suppose to obtain permission from the city police before shooting at the dump but that they didn't alway do this. It was suggested that the Chief of Police write an article to the local paper regarding shooting at the dump and that a sign be put in the area. 4. Clmr. Gillespie thought the City Council should adoPt a Resolution regarding youth working in liquor establishments as was brought UP earlier by Mr. Dunham. It was decided that council should wait until Mr. Dunham could obtain more information on this subject. Clmr. Gillespie also compl- ained of the city attorney and noted he did not think he was doing a good job for the city and felt the city should make a change. Clmr. Gillespie had asked for permission earlier in the evening that council hold an executive session after the regular meeting regarding personnel problems of the city police. Clmr. Hulm suggested to Gillespie that the subject of the city attorney could be brought up at the same time. Item 8- Resolutions, Ordinances and other Action Items: 1. Resolution *No. 942, A RESOLUTION ACCEPTING THE BID OF JAMES H. mIITETHORN FOR THE PURCHASE OF CERTAIN R-21 URBAN RENElvAL PROPERTY. Clmr. Dague seconded by Clmr. Dieckgraeff moved to adOPt Resolution No. 942. Passed unanimously. 2. Resolution No. 943, A RESOLUTION ACCEPTING THE BID OF ROBERT E. AND BARBARA ANN HOLMSTRAND FOR THE PURCHASE OF CERTAIN R-2l URBAN RENEWAL PROPERTY. Clmr. Gillespie seconded by Clmr. Dieckgraeff moved to adopt Resolution No. 943. Passed unanimously. 3. Resolution No. 944, A RESOLUTION DIRECTING THE CONVEYANCE OF CERTAIN PROPERTY TO REPURCHASERS FROM TAX FORCLOSURE. Clmr. Mott seconded by Clmr. Dieckgraeff moved to adopt Resolution No. 944. Passed unanimously. 4. Ordinance No. 418, AN ORDINANCE AMENDING SECTION 15-10 OF THE SElvARD CODE, MINORS-CURFEW. First reading. Acting City Manager Burton Baugh read Ordinance No. 418, in full. Clmr. Dague seconded by Clmr. Gillespie moved to approve Ordinance No. 418 and advance it to second reading. Motion passed unanimously. 5. Appointment of a Bicentennial Chairman. Clmr. Dague moved to appoint Mr. Larry Straley as the Bicentennial Chairman, motion was seconded by Clmr. Mott. Motion passed unanimously. Item 9- Citizens' Discussion: 1. Clmr. Mott noted that the Civil Air Patrol had 38 acres of land north of the Air Port, east of the Seward High- way, that might be available as an alternate choice for the Sewage Treatment Plant. 2. A letter from Chief Bencardino dated March 22, 1976 was read in reference to SB 681, allowing municipalities to levy a tax on liquor sales. It was decided that a motion be made supporting the Chief's letter and that the City Council endorsed this Bill. Clmr. Mott seconded by Clmr. Gillespie moved to support SB 681. Motion passed unanimously. * Resolution No. 942, 943 and 944 (see attached). 5U PAGE 50 REGULAR MEETING-MARCH 22, 1976 VOLUME 17 Item 10- Adjournment: Clmr. Dague moved to adjourn. Vice-Mayor Hulm adjourned the meeting at 10:20 P.M. Executive P.M., convened at 11:48 P.M. ~~~ Vice-Mayor "'.'11''' "'", '. ----~~~~~-~-----~~~~~~------------------------------------------------------------ ~~~~~..~)~::..~';.;~.;.:..,."... ., SPECIAL MEETING-APRIL 15, 1976 Item 1- The Special Meeting of the Common Council of the City of Seward, Alaska, for April 15, 1976 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 Dieckgraeff, Dague, Oldow, Gillespie and Jr. Mayor Nord. Clmr.'s Hulm and Mott were absent. Item 4- Approval of Minutes as presented or corrected for the meeting of March 22, 1976. Clmr. Dague seconded by Clmr. Gillespie moved to approve the minutes as presented. Passed unanimously. Item 5- Borough Assembly Report: Clmr. Oldow reported that the Borough Assembly had approved the rezoning of Lot S, Forest Acres, from R-l to R-2, that the Outer Continental Shelf Planning Impact Funds for use by the Kenai Peninsula Borough and its member municipalities had been reduced to $60,000 in amount and that the Assembly was working on the Borough budget. Item 6- City Manager's Report: 1. The City Manager introduced Mr. Dave Reynolds who then presented a flag from the Arctic Winter games to the City of Seward. On behalf of the community Mayor Neve' accepted the flag and thanked Dave Reynolds for his participation. Mr. Reynolds expressed his appreciation for the monies which had been contributed to his expenses in making the trip possible. 2. The City Manager presented slides illustrating the operation of Dresser Industries in the Galveston area, including a Barite Mill and an oil platform service boat facility. 3. The City Manager reported the Local Boundary Commission would meet in Seward on May 14th and suggested that a May 17th meeting of the City Council instead of the May 10th meeting would be appropriate. Mayor Neve' also reflected he would not be available on May 10th but would be available on May 17th and supported the request. Council had no comments or objections to the change. 4. The City Manager presented proposed budget copies to members of Council and reported that a copy of the budget would be available for public inspection and check out at his office during the coming weeks. He suggested that a meeting with the community would be appropriate since the questionnaire had been completed and comments from the citizens had been tabulated. 5. The City Manager asked for two additions to the agenda: Item 4, approval of purchase of an Athey belt loader for Public Works for snow removal, ($5000) and 5, approval of purchase of a pickup truck for the Fire Dept. from the oil impact fund account, ($4400). Council had no objection to these additions. Item 7- Communications: 1. A letter from A. S. Kawabe Co. requesting per- mission to use the municipal docks for herring unloading, signed Albert S. Kawabe. 2. A request from Salamatof Seafoods Inc. requesting use of the City Dock for unloading herring from Mr. Dale Abbott. Council had no objection to these requests provided further that the Harbor Commission be advised of the agreements - e . CITY OF SEWARD, ALASKA RESOLUTION NO. 942 A RESOLUTION ACCEPTING THE BID OF JAMES H. WHITETHORN FOR THE PURCHASE OF CERTAIN R-21 URBAN RENEWAL PROPERTY. WHEREAS, the Seward City Council that it is in the public interest to accept the bid of JAMES H. WHITETHORN for tQe purchase of Lots 2, 3, and 5; Blocks 2, 2, and 4, respectively; Oceanview Subdivision for the total price of Nineteen Thousand Five Hundred Dollars ($19,500). 1 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The bid of JAMES H. WHITETHORN is hereby accepted, and the City Manager is authorized and directed to execute the necessary documents to process the sale of this property in accord with the Ordinances of the City of Seward, Alaska and the requirements of the United States Department of Housing and Urban Development. 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 AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 22nd day of March, 1976. CITY OF SEWARD, ALASKA By H > Mayor AYES: NOES: ABSENT: f I ATTEST: James R. Filip City Clerk-City Manager Approved as to Form: THORSNESS, GANTZ, RUNDIN, Attorneys C' y of Seward ~ , ""'~ lk........;,.., '.'.<' e e CITY OF SEWARD, ALASKA RESOLUTION NO. '1d A RESOLUTION ACCEPTING THE BID OF ROBERT E. AND BARBARA ANN HOLMSTRAND FOR THE PURCHASE OF CERTAIN R-2l URBAN RENEWAL PROPERTY. WHEREAS, the Seward City Council that it 1S 1n the public interest to accept the bid of ROBERT E. and BARBARA ANN HOLMS'rRAND for the purchase of Lots 1, 2.. and 3; Block 4; Oceanview Subdivision for the total price of Twenty Thousand Two Hundred Eleven Dollars ($20,211). . THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The bid of ROBERT E. and BARBARA ANN HOLMSTRAND is hereby accepted, and the City ~1anager is authorized and directed to execute the necessary documents to process the sale of this property in accord with the Ordinances of the City of Seward, Alaska, and the requirements of the United States Department of Housing and Urban Development. 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 AND APPROVED BY THE CITY COUNCIL OF THE CfTY OF SEWARD, ALASKA, this 22nd day of March, 1976. CITY OF SEWARD, ALASKA By Mayor ll.YES: l,VlES: ABSENT: ATTEST: .James R. Filip City Clerk-City Manager Approved as to Form: u:u. ~ , CITY OF SEWARD, ALASKA RESOLUTION NO. 944 A RESOLUTION DIRECTING THE CONVEYANCE OF CERTAIN PROPERTY TO REPURCHASERS FROM TAX FORCLOSURE. WHEREAS, the following record owners have redeemed the following properties from tax foreclosure by payment of all delinquent taxes, penalties, costs, and interest: Name Property r Drinkall, Hal M. and Edna J. Lot Three (3); Block One (1), Jesse Lee Heights Subdivision, City of Seward, Seward Recording District, Third Judicial District, State of Alaska, (Tax Parcel #145-190-0300) . Banic, Johan and Anka Lots Four (4) through Seven (7); Block Twelve (12); Original Townsite; Seward Recording District; Third Judicial District, State of Alaska; (Tax Parcel #149-020-2000). Perry, James R. and Karen R. East Two-Thirds (2/3) of Lots Twenty-one (21), Twenty-two (22), Twenty-three (23', and East Two- Thirds (2/3) of South half .,f Lot Twenty-four (24); Block Seventeen (17), Original Townsite, Seward Recording District, Third Judlcial District, State of Alaska, ''['"x Parcel #149-140-0200). WHEREAS, these persons are therefore entitled to a reconveyance of these foreclosed properties. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. described properties by Quitclaim Deed. The City of Seward shall convey the above to the persons named, the conveyance to be 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 Code of Ordinances. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 22nd day of March , 1976. CITY OF SEWARD, ALASKA By Mayor AYES: NOES: ABSENT: ATTEST: Approved as to Form: James R. Filip City Clerk-City Manager B THORSNESS, GANTZ, BRUNDIN, Attorneys ity of rd I I I ;) 1 PAGE 51 SPECIAL MEETING-APRIL 15, 1976 VOLUME 17 and the need for collection of 1/10C per pound for use of the municipal facilities. 3. A letter dated March 29, 1976 from the Alaska Municipal Bond Bank Authority reporting that the Authority would purchase City of Seward Municipal Bonds in the amount of one million two hundred thousand dollars in accordance with the application submitted by the City on February 24, 1976, signed David A. Rose, Executive Director. 4. An option to purchase certain lots in Oceanview Subdivision specified as Lots 4, 5, 6, 10, 11, 12 and 13, Block 2, Oceanview Subdivision, in the minimum amount advertised, signed James H. Whitethorn. 5. A letter dated April 15, 1976 from John W. Hoogland expressing his interest in purchasing existing properties the city has available for public sale, signed John W. Hoogland. 6. A letter dated March 22, 1976 from Miss Pat O'Hollaren reporting her strong complaints regarding present day operation of the animal control program in the city, signed Pat O'Hollaren. 7. A letter dated March 31, 1976 from Seward Marine Services Inc. expressing interest in negotiating a long term lease on property and tidelands north of the Seward Marine Services Dock located on Lowell Point Road, signed Margaret A. Anderson. Item 8- Citizens' Discussion & Public Hearings: 1. Mrs. Leslie Simutius reported a poor turn out at a recent meeting of Little League and suggested that more adults were needed to work in this area or the program may not develop as in the past. Mrs. Simutius also reported that packs of dogs were beginning to form and it should be made illegal to allow female dogs in heat to be kept outside. It was her suggestion that female dogs in heat should be required to be kept inside a building and not allowed to breed indiscrimi- nately which adds to the animal problem in the community. Mrs. Karen Swartz thought that higher fees for unspayed animals would be appropriate. Clmr. Gillespie indicated that an ordinance along the lines suggested by Mrs. Simutius would eliminate much of the problem. Mrs. Simutius agreed to in- vestigate and report back with copies of ordinances as they are effectively applied in Anchorage and Kenai. Item 9- Council Discussion: 1. Clmr. Dieckgraeff inquired about the status of the capacitors and the City Manager reported that he had been in a meeting with Chugach Electric in which it was agreed to install the capacitors at the best location but that a report from R. W. Beck & Associates has yet to be received indicating where that location should be. Clmr. Dieckgraeff also indicated that the dog problem needs attention and that the ordinance should be reviewed by all members of council. 2. Mayor Neve' accepted a nomination of Donald Oldow to the Harbor Commission. Clmr. Dague seconded by Clmr. Gillespie moved to appoint Don Oldow to the Harbor Commission. Passed unanimously. 3. Clmr. Dague reported that the Bicentennial Commission Chairman was not Larry Straley but was now Mrs. Leslie Simutius. Mrs. Simutius reported that she was willing to see to it that the projects already underway were completed and that no others would be possible at the present time. She noted she was working on the projects with Linda Lamberson. 4. Clmr. Oldow reported that she had been in contact with Mr. Dale R. Merrell, manager of the Anchorage Sewer Utility and she suggested we get Mr. Clark's plan finalized and get our proposed system installed in such a way to take advantage of any delays which may be anticipated or expected in case the laws regarding sewage treatment are amended in the future. Clmr. Oldow also suggested that we should go on record as a municipality and that the City Manager should send a letter indicating that the cost of providing sewage treatment is difficult for the community to provide. Council had no objection to the letter indicating these facts being sent to our congressional delegates. Clmr. Oldow also reported that the high risk area could not be modified at the present time due to the fact nearly all of the deaths encountered in 1964 took place in the waterfront areas. She had been in contact with the Corps of Engineers and it was their opinion that this may be subject to modification in the future but that no change was possible at the present time. Clmr. Oldow also noted that we should send a letter indicating our support for continued operation of the recreation facilities currently in use by the Army and the Air Force. She also noted she had been in contact with the city attorney regarding letters written by individual council members and she reported that the city attorney had told her that letters written by council members should be quite clear in estabishing the fact that the views contained in the letters are personal and may not reflect r:),) f ... PAGE 52 SPECIAL MEETING-APRIL 15, 1976 VOLUME 17 the position of the municipality. Clmr. Dague seconded by Clmr. Oldow moved to rescind the appointment of Larry Straley as Bicentennial Commission Chairman and to appoint Mrs. Leslie Simutius in that position. Passed unanimously. Item 10- Resolutions, Ordinances and other Action Items: 1. Resolution No. 945, A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A LOAN AGREEMENT WITH THE ALASKA MUNICIPAL BOND BANK AUTHORITY. Clmr. Oldow seconded by Clmr. Dague moved to delay consideration of Resolution No. 945 until April 26, 1976. Motion passed unanimously. 2. Ordinance No. 418, AN ORDINANCE AMENDING SECTION 15-10 OF THE SEWARD CODE, MINORS-CURFEW. Second reading. Clmr. Dague seconded by Clmr. Dieckgraeff moved to read Ordinance No. 418 by title only. The City Manager read the Ordinance by title only. Clmr. Dague seconded by Clmr. Dieckgraeff moved to advance Ordinance No. 418 from second to third and final reading. Passed unanimously. 3. Seward High School Plans. Plans for the new Seward High School were available for inspection by the council and those in the audience who wished to review them. It was suggested that a letter be written to the principals of the grade school and high school regarding the need for separation of traffic from high school and the grade school complexes. It was suggested that a road straight to the highway be considered if feasible. Clmr. Oldow seconded by Clmr. Dague moved to approve the Seward High School Plans as presented provided that the Borough administration be notified to consider the need for maintaining separation between the traffic and the Seward Grade School. Passed unanimously. 4. Purchase Approval Athey Belt Loader. Mr. Galen Albertson reported that the belt loader would be used in his department for snow control and removal, that the machine was used but upon inspection revealed to be in reasonable condition for our intended use. Clmr. Dague seconded by Clmr. Oldow moved to approve the purchase of the belt loader as requested. Passed unanimously. 5. Approval of Pickup Truck for the Fire Dept. The City Manager presented two bids for equipment both being in the vicinity of $4400. Clmr. Dague seconded by Clmr. Oldow moved to approve the pickup truck purchase in an amount not to exceed $4400. Passed unanimously. Item 11- Citizens' Discussion: None. Item 12- Adjournment: Clmr. Gillespie moved to adjourn. Mayor Neve' adjourned the meeting at 9:55 P. M. c IUJA~Y~ Richard A. Neve' Mayor --- !--~~~------~~r~--~~-------------------------------------------------------------- REGULAR MEETING-APRIL 26, 1976 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for April 26, 1976 was called to order by acting Mayor Dague at 7:35 P.M., in the Council Chambers. Item 2- The Opening Ceremony was led by Clmr. Mott. Item 3- Roll was called and those present were Clmr.'s Gillespie, Dickgraeff, Dague, Mott and Oldow. Mayor Neve', Clmr. Hulm and Jr. Mayor Nord were absent. Item 4- Approval of Minutes, a correction in Item 10-3, on Page 52, was noted. Passed unanimously should be deleted and inserted in its place would be "Motion passed with Clmr. Gillespie voting no." Clmr. Oldow seconded by Clmr. Dieckgraeff moved to approve the minutes as corrected. Passed unanimously. I I I ~ .) ;) .) PAGE 53 REGULAR MEETING-APRIL 26, 1976 VOLUME 17 Item 5- Borough Assembly Report: Clmr. Oldow reported Ordinance 76-19, regarding rezoning of Oceanview Subdivision had been approved. Also approved was Ordinance 76-15, providing a data sheet regarding the cost, who would be affected and how they would be effected, should be attached to each ordinance in the future. Resolution 76-20, providing three million six hundred fifty thousand dollars for school operation, had also been approved. Ordinance 76-26, an Ordinance rezoning Lots 21 and 22, in Block 11, Original Townsite, from R-l, to R-3, was introduced. Item 6- City Manager's Report: 1. The City Manager reported that he intended to advertise the position for summer recreation leader and asked if council had any comments regarding the program. Council agreed that the program should be handled in the same manner as the proceeding year. 2. The Manager requested the addition of Item 10-3 to the agenda, regarding approval of application for liquor license transfer for Tony's Bar & Tony's Liquor Store. There was no objection to the request. Item 7- Communications: 1. A letter of intent from Dresser Industries, regarding the proposed lease of Lot 16, Seward Industrial Park, and the adjacent tidelands was read by the City Manager. The letter dated April 21, 1976 con- tained the following language. "As per our discussion yesterday in regard to the lease agreements, wharfage, length of term etc., I have listed below my understanding of the prices per our verbal agreement. We agreed to lease approximately 3.8 acres of land, Lot 16, Seward Industrial Park, at a rental of five cents (5~) per square foot, per annum. This is to be a thirty (30) year lease with three ten (10) year renewal options. The rental price is to be reviewed every five (5) years and adjusted on the basis of the percentage in- crease in the consumer price index for Anchorage on the day of the lease as compared to the date of review. Payment for the tidelands rental lease will be one (1%) percent of the gross revenue of the products sold by Dresser and gross dock revenue charged by Dresser before taxes. The City shall not be entitled to a percentage of the sales price of any products moved across the dock which are not owned by Dresser. Dresser shall be entitled to transfer its products to other locations without any charge up to an annual maximum tonnage equal to the tonnage of products sold by Dresser acrossed the dock annually, commencing on November 1, and ending October 31, to conform with Dresser's accounting procedures. It is understood that the City will set wharfage charges in regard to our proposed dock and that such charges will be commensurate with other wharfage charges in the Seward, Alaska area. All Dresser products will be exempt from wharfage charges." Clmr. Mott seconded by Clmr. Oldow moved to accept the letter of intent subject to the standard legal formalities. Motion passed unanimously. 2. A letter dated April 26, 1976 from Seward Fisheries reporting they do not wish to join the city's new Sewage Treatment Plant facility for their industrial wastes M ..to the additional capital expense that would be required of them to satisfy existing legislation. Seward Fisheries does request the facility be designed so that at a future date should the laws or legislation change they could join the facility'with a'minimum.am6unt of confusion, signed Ralph G. Hoard, Resident Manager. 3. A letter dated April 20, 1976 from the Dept. of Enviornmental Conservation, reporting on a reallocation of unobligated fiscal year 76 funds for Water Pollution Control Grants. The information indicates that Seward Step III is classified as "not ready" and would represent reallocation to a later date when funds would be made available for the continuation of the local project, signed Ernest W. Mueller, Commissioner. 4. A letter dated April 16, 1976 from the Division of Local Government Assistance reporting the Fourth of July Creek annexation hearing would be held on Friday, May 21st, at 7:30 P.M., in the Council Chambers, signed Patrick K. Polland, Local Government Specialist. 5. A letter dated April 12, 1976 reporting on a Community/State OCS Impact Workshop to be held in Yukutat on May 5th and 6th, signed Kevin Waring, Director. The City Manager reported he would not be able to attend the workshop but suggested that someone from council if possible go in his place. 6. A letter dated April 13, 1976 from the Office of the Governor reporting that the state's pursue of delay in the Gulf of Alaska lease sale is a sound and practical~ strategy for Alaska's interests, signed Jay S. Hammond, Governor. 7. A letter dated April 23, 1976 from Louisiana Pacific Corp. requesting 8% interest on the three 54 PAGE 54 REGULAR MEETING-APRIL 26, 1976 VOLUME 17 hundred two thousand investment represented in the generator commencing on the date the generator became operational and until such time as the City of Seward as completed work on its proposed bond issue, signed T. R. Kanuf. 8. A letter from J. H. W. Contracting Co. dated April 21, 1976 requesting to be able to pay the balance of each lot in the Housing and Urban Development Department land sale area when construction was 30% complete, signed James H. Whitethorn. The City Manager reported that officials from the Department of Urban Development had no objection to this procedure if council approves the delay in payment. The Manager also noted that the arrangement should apply to all of the properties involved in the Ocean- view land sale area. Clmr. Oldow seconded by Clmr. Mott moved to agree to accept the balance due after 30% completion stage for the HUD/ASHA lots. Passed unanimously. 9. A letter dated April 22, 1976 from the Bureau of the Census reporting that the total estimated cost for a census based on a population estimate of 1,950 people would be $1,970, signed Daniel B. Levine, Associated Director. It was decided to hold this proposal over until budget discussions had been completed. Item 8- Citizens' Discussion and Public Hearings: 1. Mr. Ed Sharpe/APEA reported that the employees are not satisfied with conditions of employment and that while collective bargining is for harmony between the employer and the employees it was time that somebody made a gesture to find out what the dissatisfaction is. Mr. Sharpe reported that attempts to process griev- ances have resulted in intimidation and that it was at the City Manager's level intimidation resulted. Sharpe indicated that he was not in a griev- ance procedure at the moment but that the employees are dissatisfied with working conditions and pay. Sharpe reported that a meeting he had held with the City Manager earlier in the year resulted in the Manager's refusal to re-open negotiations and that this was conducive to bad relations. Clmr. Gillespie suggested the updating of the job descriptions would help and that this would solve some of the problem. Mrs. Bev Dunham reported that she objected at one time to high wages but now many are underpaid recognizing something had to be done to correct the problem or good employees would leave. Chris Whittwer reported his was a deadend job and that he was seeking employment elsewhere since he. did not see an opportunity to move up in the city. Clmr. Dague suggested that employees should draft suggested position descriptions so that work could begin on bringing them into a manual. Clmr. Mott suggested that a meeting with employees and the council be set sometime in the future. Mr. Sharpe requested that negotiations be reopened and could be set off as far as September and still be acceptable to APEA. Sharpe noted that some things would cost money but that the employee should be paid for what he does. In concluding the discussion it was suggested that budget work sessions be held on the evenings of May 3rd and 10th and that a work sesssion with the employees be scheduled for Wednesday May 19th. Item 9- Resolutions, Ordinances and other Action Items: 1. Resolution No. 945 (see attached) A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A LOAN AGREEMENT WITH THE ALASKA MUNICIPAL BOND BANK AUTHORITY. Clmr. Oldow reported that it would be necessary for the munic- ipality to accept the entire amount of the bond issue, in this case, 1.2 million dollars on or about June 12th even though the project would not need the money until late 1976 and during 1977. Discussion followed and it was noted that if the money was delivered on June 12th that re-investment immediately should take place at the best possible rate of interest to eliminate our liab- ility in paying interest on bond funds which are not immediately needed. Clmr. Mott seconded by /clmr. Oldow moved to approve Resolution No. 945. Passed unanimously. 2. Ordinance No. 418 (see attached) AN ORDINANCE AMENDING SECTION 15-10 OF THE SEWARD CODE, MINORS-CURFEW. Final reading. Clmr. Oldow seconded by Clmr. Dieckgraeff moved to read Ordinance No. 418 by title only. There was no objection to this request. Clmr. Oldow seconded by Clmr. Dieckgraeff moved to adopt Ordinance No. 418. Passed unanimously. 3. Approval of appli- cation for transfer of liquor license for Tony's Bar & Tony's Liquor Store. Clmr. Oldow seconded by Clmr. Gillespie moved to approve the transfer as presented. Passed unanimously. CITY OF SEWAu~, AI~SKA e RESOLUTION NO. 945 James R. Filip, 411fity Clerk-Treasurer A"RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A LOAN AGREEMENT WITH THE ALASKA MUNICIPAL BOND BANK AUTHORITY PROVIDING FOR THE ISSUANCE AND SALE OF NOT TO EXCEED $1,200,000 OF GENERAL OBLIGATION BONDS TO SAID AUTHORITY. WHEREAS, at a special municipal election held in the City of Seward, Alaska, on October 5, 1971, pursuant to Resolu- tion No. 829, passed and approved August 9, 1971, the provisions of the Charter and Code of Ordinances of the City of Seward, and other proceedings of Council duly and regularly had, the qualified electors of the City authorized the issuance of general obligation bonds of the City in the total principal sum of not to exceed $600,000 for the purpose of planning and constructing improvements to its water and sewer systems, and WHEREAS, at a special municipal election held in the City of Seward, Alaska, on October 7, 1975, pursuant to Resolu- tion No. 926, passed and approved August 11, 1975, the provisions of the Charter and Code of Ordinances of the City of Seward, and other proceedings of Council duly and regularly had, the qualified electors of the City authorized the issuance of general obligation bonds of the City in the total principal sum of not to exceed $600,000 for the purpose of planning and constructing improvements to its water and sewer systems, and WHEREAS, the Board of Directors of the Alaska Bond Bank Authority has authorized said Authority to enter into a Loan Agreement with the City of Seward and to purchase the City's general obligation bonds in the principal amount of $1,200,000 to provide part of the funds to plan and construct improvements to the water and sewer system of the City, and WHEREAS, the City has been assured of grants from the State and Federal Governments for the remainder of the funds necessary to construct said improvements, and WHEREAS, it is deemed necessary and in the best interest of the City and its inhabitants that said $1,200,000 of water and sewer bonds be issued and sold by negotiated bid to the Alaska Bond Bank Authority, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The City Manager be, and he hereby is, authorized and directed to enter into a Loan Agreement, with the Alaska Bond Ban~ Authority providing for a loan in the sum of not to exceed $1,200,000 for sewer and water purposes and the issuance of its general obligation bonds authorized by the qualified electors of the City at a special municipal election held in the City of Seward on October 5, 1971, pursuant to Resolution No. 829, passed and approved August 9, 1971, and at a special municipal election held in the City of Seward on October 7, 1975, pursuant to Resolution No. 926 passed and approved August 11, 1975. }' e e . Sec~ion 2. Said Loan Agreement shall be substantially in the form of the Loan Agreement attached hereto and marked "Exhibit A" and shall be consistent with the provision of Resolutions No. 829 and 926 and the approval given by the electors at the special municipal elections on October 5, 1971, and October 7, 1975. Section 3. After execution of said Loan Agreement by the proper officials of the City of Seward and the Alaska Bond Bank Authority, the City will enact an ordinance providing for the issuance and sale of its water and sewer general obligation bonds in the amount of not to exceed $1,200,000 to said authority in accordance with the terms of said Loan Agreement. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS 26th DAY OF APRIL, 1976. CITY OF SEWARD, ALASKA By Is/Richard A. Neve' Mayor AYES: Mott, Oldow & Dague HUGHES, THORSNESS, GANTZ, POWELL' BRUNDIN, Attorneys for the City of Seward ~~ By Richard O. Gantz ~ i" ~ . -', .. I I ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL-VOLUME 17 PAGE 54 ORDINANCE NO. 418 James R. Filip, City Clerk-Treasurer AN ORDINANCE M1ENDING SECTION 15-10, OF THE s~WARD COng OF ORDINANCES TO EXTEND THE CURFEW FROM 11:00 P.M., TO 12:00' P.M., FOR PERSONS AGE 16 to 18. THE CITY OF SEWARD, ALASKA, ORDAINS: SECTION 1. Section 15-10, of the Seward City Code of OrdinanceS is hereby amended to read as follows: Sec. 15-10. Minors--Curfew; responsibility of parents, etc. (a) No person under sixteen years of age shall be in or upon the public streets, alleys, parks, public buildings, places of amusement or entertainment, vacant lots or other unsupervised places between the hours of 11:00 P.M. and 5:00 A.M., any day of the week, and no persons sixteen and over, but under eighteen years of age shall be in or upon the public streets, alleys, parks, public buildings, places of amusement or entertainment, vacant lots or other unsupervised places, between the hours of 12:00 P.M., and 5:00 A.M., of any day of the week, unless such persons shall be accompanied by and be in charge of his parent or guardian, or upon an emerRency errand of legitimate business directed by his parent or guardian, or other adult person having the legal care and custody of the juvenile, or due to the course of regular employment or traveling to or from employment. (b) Any person under sixteen years of age who may in any of the place stated in subsection (a) of this section or who shall be found loitering in the city between the hours of 11:00 P.M. and 5:00 A.M. or any persons sixteen and over, but under eighteen years of age who may be in any of the places stated in subsection (a) of this section, or who shall be found loitering in the city between the hours of 12:00 P.M. and 5:00 A.M., shall be considered as in violation of this section unless that person shall have on his person a valid written and si~ned statement. Such a statement shall be signed by his parent or legally appointed guardian. This statement shall be presented to the city patrolman making such check and he may immediately check with the person whose signature appears on the statement. (c) No parent, guardian or other person having legal custody of any child under the ap,e of eighteen years shall allow such child to go or to be in any of those places stated in subsection (a) of this section after the permitted hours of any day, unless such child be accompanied by his parent, guardian or other person having legal custody unless the child is on an emergency errand or legitimate business in which case the child shall have a written statement on his person, as specified in subsection (b) .of this section. (d) In case of school activities which may extend past the hours 12:00 P.M., children under the age of eighteen years shall be allowed in or upon any of the places stated in this section for a time not to exceed thirty minutes after activities have ceased. I (e) In the prosecution for the violation of any of the provisions of this section, the presence of any person under eighteen years of age, unattended as herein required, upon any of the places stated in this section, shall be deemed prima facie evidence of the guilt of such parent, guardian or legally appointed custodian having the care and custody of such person and of the violations of the provisions of this section. (f) No exception to the provisions of subsections (a) or (b) shall be allowed, unless approved and prior authority therefor, be granted by the Chief of Police. I I I SECTION 2. This Ordinance takes effect immediately ubon passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEHARD, ALASKA, THIS day of April ,1976. 26th FIRST READING: March 22, 1976 SECOND READING: April 15, 1976 ADOPTION: April 26, 1976 CITY OF SE\~ARD, ALASKA By Richard A. Neve', }~yor AYES: Gillespie, Dieckgraeff, Dague, Mott and Oldow. NOES: NON E ABSENT: Myr. Neve', and Hulm. ATTEST: ,. , . A~proved .as to , ,,; .",. ~--t :.,_J, HUGHES, THORSNESS, GANTZ, POl.1ELL & BRUNDIN Attorneys for the City of Seward By Kenneth P. Jacobus I I I ... - J ,) PAGE 55 REGULAR MEETING-APRIL 26, 1976 VOLUME 17 Item 10- Council Discussion: 1. Mr. Sid Clark/Arctic Environmental Engineers presented a copy of the Comprehensive Waste Water Facility Plant Supplement dated April 1976 and discussed various alternatives represented in the facility plan document. He noted that Alternate 2E-activated biofilter-aerated lagoon should meet the objections voiced by the Department of Fish & Game. Mr. Sid Clark requested council to review the Comprehensive Waste Water Facility Plan Supplement and to take action approving the suggested alternative at their next regular meeting. 2. Discussion with the Dept. of Fish & Game officials regarding proposed Sewage Treatment Plant site. Mr. Bruce Barrett and Mr. Ted McHenry were present and indicated some difficulties in communications had arisen which prohibited the department from receiving a copy of the original proposal on a timely basis. Mr. Bruce Barrett, also representing the Dept. of Fish & Game, indicated that proposal 2E is acceptable but that they would have preferred proposal 2G, but recognizing the increased costs couldn't justify the extra expenditure for the benefits to be derived. Barrett concluded his remarks by noting that the area was utilized by fish for spawning and appreciated the reassessment taking this into consideration. Item 11- Citizens' Discussion: None. Item 12- Adjournment: Clmr. Gillespie moved to adjourn. Acting Mayor Dague w,~m~e~~~~\59 P.M. lJ,.m..0.. Fi1-;:~'~ ., vtity ~rlager <i ~ ....~. // ------~~;c~~~~~---~-:~~~--------------------------------------------------------- .~~~ :.: ,~:~ ...;_~l 9r~UiAE~-- ce. Jam Dague Acting Mayor SPECIAL MEETING-MAY 3, 1976 Item 1- The Special Meeting of the Common Council of the City of Seward, Alaska, for May 3, 1976 was called to order by Vice-Mayor Hulm at 7:33 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 Vice-~ayor Hulm, Clmr.'s Gillespie, Dieckgraeff, Dague and Mott. Clmr. Oldow was late and Mayor Neve' and Jr. Mayor Nord was absent. Item 4- Resolutions, Ordinances and other Action Items: 1. Ordinance No. 419, (see attached) AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE ISSUANCE AND SALE OF $1,200,000 OF GENERAL PURPOSE GENERAL OBLIGATION BONDS OF THE CITY OF SEWARD FOR THE PURPOSE OF PLANNING AND CONSTRUCTING IMPROVEMENTS TO THE MUNICIPAL WATER AND SEWER SYSTEMS AND FIXING THE DATE, FORM, TER~S AND MATURITIES OF SUCH BONDS. First readings. The City Manager read Ordinance No. 419 in full. Clmr. Mott seconded by Clmr. Oldow moved to approve Ordinance No. 419 on first reading and to advance it to second reading. Motion passed unanimously. Item 5- City Manager's Report: 1. Recommendation to re-bid the unsold R-21 Urban Renewal lots, Memorandum 76-101. Discussion followed and it was noted that the memorandum called for the allowance of delaying payment for the purchase of R-21 lots until thirty percent (30%) construction had been completed or one year (1) had passed from the date the contract was signed. It was noted that the amendment would allow additional individuals the opportunity of bidding since full cash for purchase of the lots was not a requirement of the revised invitation to bid. Clmr. Mott seconded by Clmr. Dague moved to approve memorandum 76-101, as submitted by the City Manager. Passed unanimously. 3. The City Manager explained that the Dresser letter which had been presented to council one week earlier "as the letter of intent" had been untentionly substituted with the letter that spoke of terms and conditions in a general way relating to the proposed development of an area for oil service boats, dock construction. The City Manager than read the true letter of intent, dated April 21, 1976 from ,... (' ,) ) 'PAGE 56 SPECIAL MEETING-MAY 3, 1976 VOLUME 17 Dresser Industries, in which they expressed interest in leasing uplands and tidelands in the vicinity of the municipal Small Boat Harbor and Alaska Railroad Dock. In order to clear the record the City Manager requested approval of this letter of intent as submitted. Clmr. Dague seconded by Clmr. Oldow.moved to approve the letter of intent from Dresser Industries. Motion passed with Clmr. Mott voting "no." Item 6- Adjournment: Clmr. moved to adjourn. the meeting at 8:38 P.M. Vice-Mayor Hulm adjourned I "mes R. Filip, GMC ~ qity :Cle~k~Tr~as~rer )", " G;2~?;~/LJ Vice-Mayor iF', \' \' , --~~--~---------------------------------------------------------------------------- ~. REGULAR MEETING-MAY 10, 1976 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for May 10, 1976 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. Mott. Item 3- Roll was called and Gillespie, Dague and Oldow. excused absent and Jr. Mayor those present were Clmr. 's Mott, Hulm, Mayor Neve' and Clmr. Dieckgraeff were Nord was absent. Item 4- Approval of Minutes as presented or corrected for the meetings of April 26th and May 3, 1976. Clmr. Dague seconded by Clmr. Oldow moved to approve the minutes as presented. Passed unanimously. Item 5- Borough Assembly Report: 1. Clmr. Oldow reported she had attended a meeting in Yukutat to discuss impacts on community life created by develop- ment of off-shore oil resources. She noted Yukutat was in control of the situation since they had a large native population and the support of various federal and state agencies in the handling of potential impact problems. Clmr. Oldow reported that funds were available for representatives from the cities of Seward, Cordova and Yukutat for a visit to Norway and Scotland to observe the developments in those countries. She suggested the City Manager should be sent to tour the area, especially if funds were made available from the Alaska Sub-Arctic Off-shore Commission. In concluding her comments Clmr. Oldow reported that Council should recommend a larger area for annexation perhaps even to the Forest Service boundary as well as the creation of a Outer Continental Shelf Commission to be formed of Peninsula representatives. In this sense she noted that the Borough and the City of Seward should work together in attempting to establish a comprehensive zoning ordinance which would be functional in meeting the challenges of economic development. Item 6- City Manager's Report: 1. The City Manager reported that a visitation group from the City of Obihiro was going to be in Seward on July 18, 19, and 20th and transportation had been requested by Mr. Kaw?be to bring them from Anchorage to Seward and return. The City Manager indicated he needed to know what position the city wanted to take in regard to this request, since arranging for transportation alone would amount to nearly $500. Discussion followed and it was suggested that an alternative form of transportation be investigated which Clmr. Oldow would inquire about and the City Manager would determine whether the group had official status from the City of Obihiro. 2. That the budget adoption process including the Public Hearing should follow fairly quickly with the hearing scheduled for May 24th and adoption on June 14th. Council had no objection to this schedule. 3. That appraisals for certain parcels be requested which would include information for Lot 8, Oceanview Subdivision, I I I ... ,.... ~) / PAGE 57 REGULAR MEETING-MAY 10, 1976 VOLUME 17 Lot 16, Seward Industrial Park and the Tract of land immediately north of the Seward Marine Services Dock. Council had no objection to requesting an appraisal proposal. 4. That the regulators Chugach Electric Association had proposed to install would be placed in the vicinity of Lawing sometime during the month of May. Council questioned about primary metering at the delivery point which had been suggested by R. W. Beck & Associates and the City Manager indicated that he would double check on the need for the metering and make a report to council at a later date. Item 7- Communications: 1. A letter dated May 5, 1976 from the Division of Economic Enterprise reporting there would be little difficulty expected from operating a Barite Plant in the Seward area, signed E. L. Bracken, Development Specialist. 2. A letter dated April 2, 1976 from the office of the Secretary of the Dept. of the Interior reporting a respresentative of the National Park Service has been requested to explain to the city the Harding Ice Field/Kenai Fjords National Monument Proposal, signed Curtis Bohlen, Acting Assistant Secretary of the Interior. 3. A letter dated May 10, 1976 from Werner's/Yukon Liquor Store requesting at least one parking space adjacent to Fourth Avenue and paralleling Washington Street for customer parking, signed Jack Werner. Council reviewed the request indicating that it could not be honored at the present time as it wo~ld not be possible to extend the same courtesy to other merchants in the d~wntoWn area. 4. A letter dated May 10, 1976 from Anthony Holloway submitting a proposal to clean the Seward Jaycee Tot Lot for $250, signed Anthony Holloway. The letter was reviewed and council suggested that the work be conducted by the city itself. Item 8- Citizens Discussion and Public Hearings: 1. Mrs. Beverly Dunham thought that students could be contacted to do the work at the Tot Lot instead of paying money to someone else. Mrs. Dunham also noted that many people get into trouble due to Alcohol related problems and that mental health needs in the community are important. She supported the City Manager's telegram to Kerttula suggesting full financing for the local mental health program in Seward. Mrs. Pat Williams also present agreed with that position. Mr. Lewis Hasty reported that he was opposed to the renewal of the kennel permit for Mr. & Mrs. Lockewood on 6th Avenue as the dogs they are keeping are creating a neighborhood nuisance. The City Manager reported that the Planning & Zoning Commission could hold a Public Hearing with regard to the renewal of the permit on June 9th regarding the complaint. Item 9- Council Discussion: 1. Clmr. Mott reported he would like to see the animal control officers positiqn be returned to the Seward Police Dept. for management and increased attention to enforcement procedures. He also noted the city engineer should be involved with the management of the works and electric depts. on an on going basis. 2. Clmr. Dague noted that the city should be involved with the City of Obihiro on an offical basis only and otherwise visits should be handled as private functions concerning only the individuals themselves. Clmr. Dague also inquired about the status of the Jesse Lee l!ome re-c!,evelopment program and the City Manager reported he had no current information or recent contacts with the representatives with the project. It was suggested the city attorney explore the possibility of cancellation of the agreement. Discussion followed. Clmr. Gillespie suggested that the project should be constructed instead of attempting to foreclose which could take years. Clmr. Gillespie noted that one of the reasons for the delay is the fact that the corporation could not get a surety bond. 3. Clmr. Oldow noted that electric power outlets should be installed in the beach area north of the harbor for spring work on boats. Council also requested that the City Manager write to the Alaska Railroad inquiring about the long term lease acquistion of the main line tract south of Airport Road in the vicinity of the Small Boat Harbor. Item 10- Resolutions, Ordinances and Other Action Items: 1. Ordinance No. 419 (see page 55) AN ORDINANCE OF THE CITY OF SEWARD, ALASKA PROVIDING FOR THE ISSUANCE OF SALE OF $1,200,000 OF GENERAL PURPOSE GENERAL OBLIGATION BONDS OF THE CITY OF SEWARD FOR THE PURPOSE OF PLANNING AND CONSTRUCTING IMPROVEMENTS TO THE MUNICIPAL WATER AND SEWER SYSTEMS AND FIXING THE DATE, FORM, TERMS AND MATURITIES OF SUCH BONDS. Second reading. Clmr. Oldow i>tl PAGE 58 REGULAR MEETING-MAY 10, 1976 VOLUME 17 seconded by Clmr. Dague moved to read Ordinance No. 419 by title only. The City Manager read Ordinance No. 419 by title only. Clmr. Oldow seconded Clmr. Dague moved to approve Ordinance No. 419 on second reading and to advance it to third and final reading. Passed unanimously. Item 11- Citizens' Discussion: NON E. Item 12- Adjournment: Clmr. Dague moved to adjourn. Vice-Mayor Hulm ad ourned the meeting at 9:40 P.M. @~d ~ H?;!~ Vice-Mayor SPECIAL MEETING-MAY 17, 1976 of the Common Council of the City of Seward, called to order by Mayor Neve' at 7:33 ~.M., Item 2- The Opening Ceremony was led by Clmr. Mott. Item 3- Roll was called and those present were Mayor Neve', Clmr.'s Gillespie, Matt, Hulm and Oldow. Excused absent were Clmr.'s Dieck- graeff and Dague. Jr. Mayor Nord was absent. Item 4- Resolutions, Ordinances and other Action Items: 1. Mrs. Laura J. Straley presented a request to the council to consider setting aside the present baseball fields for recreational use in the future by Seward residents. Discussion followed and Clmr. Oldow seconded by Clmr. Mott moved to approve the Little League request for recreational land use of the ball diamonds northeast and southeast of the intersection of Fourth Avenue and Seventh Avenue. Passed unanimously. 2. Ordinance No. 419, (see page 55) AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, PROVIDING FOR THE ISSUANCE AND SALE OF $1,200,000 OF GENERAL PURPOSE GENERAL OBLIGATION BONDS OF THE CITY OF SEWARD FOR THE PURPOSE OF PLANNING AND CONSTRUCTING IMPOVEMENTS TO THE MUNICIPAL WATER AND SEWER SYSTEMS AND FIXING THE DATE, FORM, TERMS AND MATURITIES OF SUCH BONDS. Final reading. Clmr. Mott seconded by Clmr. Oldow moved to read Ordinance No. 419 by title only. Passed unanimously. The City Manager read Ordinance No. 419 by title only. Clmr. Mott seconded by C1mr. Oldow moved to approve Ordinance No. 419 on final reading. Passed unanimously.' 3. Ordinance No. 420, (see attached) AN ORDINANCE AMENDING SECTION 11-2, OF THE SEWARD CODE OF ORDINANCES TO PROVIDE FOR THE AMENDMENT OF DESIGNATED FIRE ZONES. First reading. The City Manager read Ordinance No. 420. Clmr. Hulm seconded by Clmr. Mott moved to approve Ordinance No. 420 on first reading. Passed unanimously. 4. Resolution No. 946, (see attached) A RESOLUTION AUTHORIZING THE RE- PURCHASE OF CERTAIN TAX FORECLOSED PARCELS OF LAND. The City Manager read Resolution No. 946. Clmr. Mott seconded by Clmr. Oldow moved to approve Resolution No. 946. Passed unanimously. Item 5- 8:10 P.M. Executive Session: The Executive Session was called to order at The Special Meeting was reconvened at 10:13 P. M. Adjournm~nt: Clmr. Oldow moved to adjourn. at 10':14,_ P.M. Mayor Neve' adjourned .; ( _fUJ A(~ Richard A. Neve' Mayor ',,- e . CITY OF SEWARD, ALASKA RESOLUTION NO. 946 WHEREAS, the City has been deeded certain parcels of land as a result of tax foreclosure action by the Kenai Peninsula Borough, and WHEREAS, the former owners of these parcels now desire to re-purchase their property as provided by state law, NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of Seward, Alaska that Mayor Richard A. Neve' be and is hereby authorized to execute quitclaim deeds for the re-purchase of tax foreclosed parcels as noted below. A. James R. and Karen R. Perry: East Two-thirds (2/3) of Lots Twenty-one (21), Twenty-two (22), Twenty-three (23), and East Two-thirds (2/3) of South half of Lot Twenty-four (24); Block Seventeen (17), Original Townsite, Seward Recording District, Third Judicial District, State of Alaska, (Tax Parcel #149-140-0200). B. Hal M. and Edna J. Drinka11: Lot Three (3); Block One (1), Jesse Lee Heights Subdivision, City of Seward, Seward Recording District, Third Judicial District, State of Alaska, (Tax Parcel #145-190-0300). C. Johan and Anka Banic: Lots Four (4) through Seven (7); Block Twelve (12); Original Townsite; Seward Recording District; Third Judicial District, State of Alaska; (Tax Parcel #149-020-2000). THIS RESOLUTION SHALL take effect thirty (30) days after posting. Passed and Approved this 17 day of May, 1976. Is/Richard A. Neve' Richard A. Neve' Mayor ATTEST: ~ , /',~ , "'"I' i ,- I '~'-':r~ ~~ __H() , / James R. Filip, CMC { City CI erk/Treasurer , I ~ I I I 5~) PAGE 59 VOLUME 17 REGULAR MEETING-MAY 24, 1976 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for May 24, 1976, 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. Gillespie. Item 3- Roll was called and those present were Mayor Neve', Clmr.'s Dague, Dieckgraeff, Oldow, Hulm, Mott and Gillespie. Jr. Mayor Nord was absent. Item 4- May 10, approve Approval of Minutes as presented or corrected for the meetings and May 17, 1976. Clmr. Hulm seconded by Clmr. Dague moved to the minutes as presented. Passed unanimously. Item 5- Borough Assembly Report: 1. Clmr. Oldow reported that the Borough had approved Ordinance 76-26, providing for the rezoning of Lots 21 and 22, Block 11, Original Townsite, from R-l, Single Family Residential to R-3, Multi-family Residential use. Item 6- City Manager's Report: 1. The City Manager reviewed the camping regulations and that the Fish House had again agreed to collect camper fees in the area. Council suggested an imposition of a fourteen day limit in the Harbor or waterfront camp areas and a seven day limit in the Forest Acres Campground. It was suggested that camping be prohibited in the area south of Jefferson and north of the drainage ditch. 2. The City Manager reported a special meeting of the Planning & Zoning Advisory Comm- ission would be held on Wednesday, May 27, 1976 to review a proposed Town- house Project in Block 22, Original Townsite, generally southeast of the intersection of Madison Street and 5th Avenue. Discussion followed during which time it was noted the proposed lot sizes were substantially less than the 6,000 foot per dwelling now required in the area and that the city attorney should review this proposal for compliance with the zoning ordinance. 3. The City Manager noted that he had received three proposals for an appraisal for parcels in the Marina Subdivision, Seward Industrial Park, and the area immediately north of Seward Marine Services Dock. The amounts were $2,500.00, from Real Estate Services, Inc., $2,475.00 from Dirksen Appraisal Co. and $1,600.00 from Appraisal Company of Alaska. Discussion followed and council agreed to award the appraisal work to Appraisal Company of Alaska for $1,600.00. Item 7- Communications: 1. A letter dated May 14, 1976 from Senator Mike Gravel expressing his sentiment that if possible Seward should be given the chance to avoid secondary treatment facilities which go beyond reasonable need, signed Mike Gravel. 2. A letter dated May 19, 1976 from John L. Noyes, M.D. tendering his resignation from the Seward Advisory Planning & Zoning Commission, signed John L. Noyes, ~.D. 3. A letter dated May 17, 1976 reporting that the Bond Bank Authority meeting had been rescheduled for May 27, 1976 at 10:30 A.M., in Anchorage, at the Department of Revenue Conference Room, signed Eric E. Wohlforth. 4. A letter dated May 17, 1976 from the Department of Highways reporting a demonstration project for the construction of bike ways and encouraging the submission of an application, signed Jack M. Spake, Central District Engineer. The City Manager reported the June 1st deadline did not permit an opportunity for satisfactory review or participation in this project. 5. A letter dated May 10, 1976 transmitting the final payment in the amount of $46,183.00 under the program of State Aid to Local Governments, signed Lee McAnerney, Commissioner, Dept. of Community & Regional Affairs. Item 8- Citizens' Discussion & Public Hearings: 1. Public Hearing/ Proposed 1976/77 Municipal Budget. Mayor Neve' opened the Public Hearing. Mr. Paul Seaton questioned the revenues reflected from the Small Boat Harbor for operations noteing that the amounts shown should really be greater than they are and asked if the council had intended to increase the moorage rates at the harbor. The question was answered in the affirmative reflecting an increase of approximately 100% with half of the excess revenue being directed to the general fund and half retained for improvements or reconstruction activity in the Small Boat Harbor as the need arises. Seaton also questioned the high expense of GO PAGE 60 REGULAR MEETING-MAY 24, 1976 VDLUME 17 maintaining animal control in the community and thought that it should be divided between the police and the public works department for better economy and supervision. It was noted that the transfer of the animal control officer from public works to the police department had been discussed and agreed upon. Mrs. Karen Swartz thought that a public education program regarding animal control laws should be initiated. Mr. Ted Sires questioned the le~a1ity of utilizing harbor revenues for general fund purposes. The City Manager reported that he would review the question with the city attorney later in the week. There being no one else present who desired to speak on the subject of the budget, Mayor Neve' closed the Public Hearing. 2. Mrs. Pat Williams noted the need for housing in the community and that the proposal for the Townhouse Project should not be objected to on the basis of lot size alone. 3. Oscar Watsjold suggested that boat owners were a privileged class and escaped payment of full taxation with a $5 or $15 levy presently in effect. Ted Sires reflected that the harbor was there to bring people into the area and that the community should look at the sales tax proposal again. 4. Mr. Paul Seaton questioned the payment of 1/10 of a cent per pound for unloading herring at the city dock and thought that Seward Fisheries should be required to pay when they too transported fish products for fish processing outside the city limits. Item 9- Council Discussion: Clmr. Oldow reported what appeared to be an occupied trailer behind the Fo'c's'le and noted that the clean-up activities undertaken by Coach Clemens should be commended. 2. Clmr. Dague thought that the maintenance station for the Dept. of Highways should be relocated to state property in the vicinity of the airport. He supported his suggestion by not~ing a need exists for housing areas and that this land could be utilized for that purpose. The City Manager reported he would investigate the possibility of purchasing the land from the state. 3. Clmr. Dieckgraeff thought that the city should explore increasing fines when dogs are caught running loose in the comm- unity; that hauling garbage in open vehicles was prohibited and the police department should be more vigorous in enforcement of this violation; and that Seward Fisheries should pay 1/10 of a cent wharfage when taking fish to other communities for processing. 4. Clmr. Hulm questioned the status of regulator installation on the Chugach Electric system line serving Seward and the Manager reported it was anticipated to be done in early June. Hulm also noted that Beck's recommendation regarding primary metering should be implemented by the city per the engineer's recommendation and that a resolution supporting black topping of Nash Road should appear on the next agenda for the City Council. Item 10- Resolutions, Ordinances and other Action Items: 1. Resolution No. 947, (see attached) A RESOLUTION DECLARING CERTAIN UTILITY ACCOUNTS UNCOLLECTABLE. Clmr. Hulm seconded by Clmr. Oldow moved to approve Resolution No. 947. Passed unanimously. 2. Ordinance No. 420, (see page 58) AN ORDINANCE AMENDING SECTION 11-2, OF THE SEWARD CODE OF ORDINANCES TO PROVIDE FOR THE AMENDMENT OF DESIGNATED FIRE ZONES. Second reading. Clmr. Mott seconded by Clmr. Gillespie moved to read Ordinance No. 420 by title only. The Ordinance was read by title only. Clmr. Mott seconded by Clmr. Gillespie moved to approve Ordinance No. 420 on second reading and to advance it to third and final reading. Passed unanimously. 3. Ordinance No. 421, (see attached) AN ORDINANCE LEVYING A HOTEL/MOTEL TAX. An emergency adoption. Clmr. Oldow seconded by Clmr. Dague moved to read Ordinance No. 421 by title only. Passed unanimously. Clmr. Oldow seconded by Clmr. Dague moved to declare an emergency exists and to adopt Ordinance No. 421 immediately. Passed unanimously. 4. Approval of Contract for HUD 701 Planning Fund. Mr. Paul A. Carr discussed various possibilities for utilization of HUD 701 Planning Funds but no decision regarding their use was made during the meeting. It was suggested that council hold a work session regarding the proposed contract and possibility of utilizing these funds but no date was set. 5. Approval of Building Lease and Dock License Agreement for the State of Alaska Division of Marine Trans- portation. Discussion followed and it was generally agreed that the state was eighteen months in arrears in making some financial contribution .... - ~ CITY I), ",u,:AL~. ,\LASKA ,.- ',',1 L'T1C),; \.). '-l.7 Nm.;, THEHEFORE, Bi:. LT RESOL":ED t:l,i~ ll1_' r ~L ~t'i~L:lgo,;;r an..! t;le C~ty Clerk- Treasurer are hereby instruct~d to c:ldr;~ of~ a3 u~collt~ctible the accounts j ul1mving in the sum of Thr~e T~lOu3a~J T,....o Hundred ;-;int~T-Seven and 37/100 ($3,297.37) Dollars and tha._ tile S3,:it.:- 5h..:o.11 be striken from the accounts rec(;ivable of the City of Seward: MISCELLANEOUS ACCOUNTS-':ON RECEIVABLE-APRIL 1976 DEI' A PPL lED NAME ELECTRIC HATER GARB. TAl' TV TOTAL 1/76 John Anthony DE 41.60 41. 60 No Dep. B & P. Enterprises CE 224.55 12.80 9.90 4.68 251. 93 7/l4 Harry Buchea AE 21.41 21.41 9/74 Luther Burke AE 21.19 4.00 1. 75 .67 27.61 4/74 Gerald Clarke AE 97.02 12.00 1.14 110.16 12/75 Val Clothier AE 40.89 40.89 3/76 Jack Coghlan CE 9.17 9.17 4/74 Bernice Collier AE 103.14 103.14 1/76 Alex Cushing DE 45.43 8.00 .91 54.34 10/74 Lillian L. DeLay DE 41. 35 41. 35 RGP Milton L. Dickson DE 77.47 21. 60 8.58 2.00 5.00 114.65 3/75 Gary Duncan DE 48.37 48.37 9/75 Willard Dunham III AE 18.83 18.83 7/75 M. L. Dupea DE 26.22 26.22 1/76 Peter A. Dushkin DE 42.87 42.87 11/74 Dennis Endresen DE 65.57 14.98 80.55 9/74 Juann Endresen DE 18.28 18.28 9/74 Raymond L. Endresen DE 21. 6 7 3.72 25.39 7/74 Alvie R. Estes DE 21.20 21. 20 2/74 Levi Estes DE 20.31 20.31 RGP Mary Ann Fields DE 19.00 .47 19.47 9/74 Brian File AE 21. 68 21. 68 10/74 Dale Fleek, Jr. DE 30.55 30.55 12/75 AU E. Fredrickson DE 65.62 65.62 3/75 Hans Furuberg AE 43.11 43.11 11/75 Ernest G. Galliher DE 68.75 68.75 4/75 Leigh G. Gerber DE 119.73 119.73 4/75 Robert Grambart DE 7.56 7.56 6/75 Clark Gray AE 29.59 29.59 8/75 Frayne Haga DE 9.78 9.78 6/74 Don Hayes 137.23 13 7 .23 No Dep. Ship Hollis Hedburg 24.20 24.20 I, / 75 Larry Hedrick AE 61. 60 61. 60 8/75 Sherry Holloway AE 69.19 69.19 11/74 Kimberly Johnson AE 21. 23 21. 23 5/75 Patti Johnson DE 81. 94 81. 94 2/114 David Jones AE 73 .17 73.17 1/75 C. I,. Kennedy AE 6.74 6.74 7/74 Lona Kilgore DE 35.87 35.87 5/75 Norman E. Knight DE 8.23 8.23 r 6/74 Mark Kubiak 25.60 3.56 29.16 1/75 Susan Lounsbury DE 15.80 15.80 ~ 3/75 Bonnie Mack AE 60.04 60.04 , 5/75 Raymond S. Manning DE 46.31 46.31 t 11/7 5 David Miller DE 119.65 119.65 No Dep. Robert Miller DE 8.00 .12 8.12 L. 9/1'3 Lynn Montgomery AE 23.12 23.12 12/75 Brian McFadden DE 58.67 58.67 , 11/74 Gilbert Nelson DE 74.17 74.17 , I 6/75 Leonard Owens AE 22.97 22.97 5/75 Dan Painter DE 6.42 6.42 8/75 Arnold R. Phillips DE 17 .50 17.50 12/73 Pioneer Bar/Estel CE 59.16 59.16 No Dt:~:-', Morris Porter DE 17 .94 .54 18.48 l ~ t , '-'~~T ~-~c..' I . ,......E - -- ------ I I I (i 1 PAGE 61 REGULAR MEETING-MAY 24, 1976 VOLUME 17 to the community for use of the Fourth Avenue Dock Facilities. It was also noted that the delay was based in part on proposed development plans that the city was investigating during the spring of 1975 which did not materialize. Discussion continued regarding the amount of the lease and it was generally agreed that $14,000.00 for the first year for the dock and $300.00 per month for a one year contract for use of the building housing the ferry office be approved. Clmr. Dague seconded by Clmr. Oldow moved to approve a one year contract beginning July 1, 1976 ending June 30, 1977 in the amount of $14,000.00 for the Fourth Avenue Dock and $300.00 per month for the building housing the ferry office and including termination of agreement by either party upon 90 day written notice. Passed unanimously. Item 11- Citizens' Discussion: NONE. Item 12- Executive Session to discuss a matter relating to the finances of the municipality. Mayor Neve' convened the Executive Session at 11:28 P.M. The Regular Meeting of the council reconvened at 11:56 P.M. Clmr. Mott seconded by Clmr. Oldow moved to authorize P. G. Hupperten & Associates to prepare insurance specifications preparatory to putting the city's insurance package out to bid. Passed unanimously. Mott moved to adjourn. Mayor Neve' adjourned f2;;) J ;1 AJ ~'" Richard A. Neve' Mayor c~~ ~'. ~, ""t~)~.,,>").\ . . ..r' ____~~~~~~---~~~~L~-----------------------------------__________________________ REGULAR MEETING-JUNE 14, 1976 Item 1- The Regular Meeting of the Common Council of the City of Seward, Alaska, for June 14, 1976, 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 Mayor Neve', Clmr. 's Hulm, Dague, Oldow, Gillespie and Mott. Clmr. Dieckgraeff was excused absent. Item 4- May 24, minutes Approval of Minutes as presented or corrected for 1976. Clmr. Hulm seconded by Clmr. Dague moved to as presented. Passed unanimously. the meeting of approve the Item 5- Borough Assembly Report: Borough Assemblyman Robert J. Lutz reported the Seward High School bid went through under the architect's estimates and approval by the Assembly is expected at the meeting scheduled for June 15th. Assemblyman Lutz noted also that $7000 from the State's General Fund was being transfered to the Department of Public Works for repair of the boat lift at the Whittier Harbor. It was suggested that a letter to the Governor be sent requesting money to pay for paving the Ferry Dock in Seward. It was also suggested that the fill taken from the High School site might be useful on city property. (j~ PAGE 62 REGULAR MEETING-JUNE 14, 1976 VOLUME 17 Item 6- City Manager's Report: 1. The City Manager reported Mayor Neve' would be traveling to Seattle to participate in the bond closing for the recently approved Sewer and Water General Obligation Bonds. The Manager also reported Mr. Don Statter, Director of Division of Water and Harbor's would be pl7ssent:glinj SewardlililI.irune jl:3111tl 5onatrA!:erld"lnh'& HaJtbibc ~emnie$il/lnlmeeting. Item 7- Communications: 1. A letter dated June 10, 1976 from the Dept. of Highways granting a 90 day extension on Local Services Roads & Trail Funds, signed Jack M. Spake, Central District Engineer. 2. A letter dated June 11, 1976 from Seward Jaycees indicating the Jaycees would raise funds for fencing if the City could commit an additional $4200 to finish the concrete work required, signed Bob McCabe, Tennis Court Construction Coordinator. The City Manager explained this item had just reached the office today and a recommendation would be forth coming at the next meeting. 3. A letter dated May 26, 1976 from the City of Obihiro reporting their Committee on International Friendship was planning a program of visitation to Seward asking the city to arrange for their hopes, Sincerely, Kengo Tomato, Mayor of Obihiro. 4. A letter dated May 21, 1976 from Senator Ted Stevens reporting the House Committee on Public Works and Transportation had reported on several amendments to Public Law 92500 among which is one authorizing the administrator to modify the time for achieving treatment requirements by granting time extensions up to July 1, 1982, signed Ted Stevens, U. S. Senator. 5. A copy of a telegram sent to the U.S. Dept. of Housing & Urban Development protesting the award of contracts for the sale of Lots in Oceanview Subdivision to James H. Whitethorn, Robert and Barbara Holmstrand based on the fact that the terms of sale and the contracts are different than which were advertised, and upon the grounds the bids were modified after the bid opening, signed Hugh G. Wade, Attorney for V. H. Collins, Collins Construction Co. 6. A copy of a letter dated June 2, 1976, Kenneth P. Jacobus to Hugh G. Wade, reporting the city is re-bidding a substantial portion of the R-21 property and suggesting the bidding in this offering would be your clients best approach to obtaining prDperty for:. development of residential housing from the City of Seward, signed Kenneth P. Jacobus. 7. A letter dated May 27, 1976 from the Economic Development Administration approving an extension of time for EDA Project 0701-01394, Water System Expansion until September 1, 1976. signed Ross B. Manley, Chief of Technical Support Division. 8. A letter dated June 7, 1976 from Marsh and McCellen declining the bid on the insurance program for the City of Seward but indicating they would be more than happy to provide the city with a broker proposal if they were awarded a broker record letter, signed Ray Snitil, Vice President. 9. A letter dated June 14, 1976 from G. James Dague, Council Member, submitting his resignation effective July 10, 1976, signed G. James Dague. On behalf of the Council Mayor Neve' regretfully accepted Council Member Dague's resign- ation effective July 10th. 10. A letter dated June 10, 1976 from Johan Banic, Martin and Betty Goreson, Bill and Julie Casey, Alfred Lawton, Connie Watson, Dorothy Ralls, Elsie Lure, Della Bolles and Robert Chappell requesting the Council to waive the 12:00 noon Sunday opening time for bars on Sunday the Fourth of July only. The City Manager recommended placing the item on the agenda for the next regular meeting. Item 8- Citizens' Discussion and Public Hearings: 1. Public Hearing/Proposed Lease for Lot 16, Seward Industrial Park including adjacent Tidelands to Dresser Industries for the purpose of constructing a dock facility. Mayor Neve' opened the Public Hearing. Mr. Jim Bryan, Vice-President of Operations for Magcobar Division of Dresser Industries spoke regarding the proposal his firm had for Lot 16. He indicated they would build a 400 foot dock 70 feet wide and lease land from the Railroad and private individuals for storage purposes and later build a barite grinding plant. Discussion followed and the letter from Garry LeFlore supporting the proposal was read. Also, in support of the proposal was Fletcher Enterprises Inc., the Entertainment Center represented by Skip Fletcher. In concluding his remarks Bryan noted the dock will not be tax exempt, that the company's policy was to pay local tax rates without requesting concessions from local officials. The Mayor questioned whether anyone in the audience desired to speak against the I I I G.) d PAGE 63 REGULAR MEETING-JUNE 14, 1976 VOLUME 17 proposal and no one indicated they were present for that purpose. No one else desired to speak. Mayor Neve' closed the Public Hearing. Item 9- Council Discussion: 1. Clmr. 01dow inquired if Seward Fisheries had been notified about the 1/10 of a cent per pound wharfage charge for fish products processed outside the city limits and the Manager reported he had talked to Mr. Hoard by telephone and was going to send a letter explaining the reason behind the 1/10 of a cent per pound charge. In discussing the period of coverage for the charge it was indicated the 1976 season would be appropriate. Clmr. Oldow also questioned the status of the Jesse Lee contract and it was agreed that default had taken place and that legal action be initiated. Clmr. Oldow seconded by Clmr. Hulm moved to declare the contract between the City and Last Frontier Inc. for the redevelopment of the Jesse Lee Home properties to be in default and to initiate legal action immediately. Passed unanimously. 2. Clmr. Mott suggested that a campaign to support the sales tax could be started early, that signs in the camping area in Forest Acres need to be updated, that camping should not be permitted by other than self contained units where toilet facilities were not available and that cleanup activities should be encouraged. Clmr. Mott also suggested that Alaska Public Utilities Comm- ission could help with Chugach, but Clmr. Hulm reported that this had been explored by Mr. Richard O. Gantz and it had been agreed not to proceed with that procedure at the time. The City Manager suggested that more review was necessary and that council had copies of the electric system study recently submitted by the R. W. Beck & Associates, which should be reviewed. 3. Clmr. Hulm noted that the speed limit signs on the Seward Highway had not yet been moved north of Airport Road. 4. Clmr. Gillespie noted Louisiana Pacific's burner had been smoking early in June and saw the need for community concern on this issue. He thought something could be worked out and asked the City Manager to talk to LP regarding the burner. 5. Clmr. Dague reported that trucks were not staying on the State Highway or the truck route provided for their use. Clmr. Dague suggested that Lou- isiana Pacific would pick up logs at the Forest Acres Campground which were oversize and not going to be used by campers. Item 10- Resolutions, Ordinances and Other Action Items: 1. Resolution No. 948 (see attached) A RESOLUTION SUP~ORTING THE PAVING OF NASH ROAD. Clmr. Dague seconded by Clmr. Oldow moved to approve Resolution No. 948. Passed unanimously. 2. Resolution No. 949, (see attached) A RESOLUTION ADOPTING THE 1976/77 BUDGET AND SETTING THE MILL LEVY. Clmr. Hulm seconded by Clmr. Gillespie moved to approve Resolution No. 949. Passed unanimously. 3. Resolution No. 950 (see attached) A RESOLUTION APPOINTING JOANNE E. SHANLEY AS DEPUTY CITY CLERK-TREASURER FOR THE CITY OF SEWARD. Clmr. Dague seconded by Clmr. Hulm moved to approve Resolution No. 950. Passed unanimously. 4. Ordinance No. 420 (see Page 58) AN ORDINANCE AMENDING SECTION 11-2, OF THE SEWARD CODE OF ORDINANCES TO PROVIDE FOR THE AMENDMENT OF DESIGNATED FIRE ZONES. Final reading. The City Manager read Ordinance No. 420. Clmr. Oldow seconded by Clmr. Dague moved to adopt Ordinance No. 420. Passed unanimously. 5. Memorandum 76-14-1, recommend- ing adjustment in billing in grid usage for Alaskan Barge and Salvage. Council discussion followed and it was requested that the City Manager investigate the boats or vessels which may have used the grid which would benefit from an adjustment in billing made for this firm if it were applied on a uniform basis. Clmr. Dague seconded by Clmr. Hulm moved to table action on Memorandum 76-14-1 until June 28, 1976. Item 11- Citizens' Discussion: 1. Karen Swartz reported Alaska Press Women had toured Louisiana Pacific's mill site over the weekend and during their visit it was reported that it was necessary to allow heat to build up sufficiently to cut down on smoke emission from the burner. Mrs. Dunham suggested that the chips can't be stored, burned or dumped and that council was taking a position without being fully aware of the circumstances surrounding the problem. Mrs. Dunham suggested that council should tour all the facilities and meet the reoresentatives on an individual basis. It was also reported that campers parking on Fourth Avenue were creating a problem for motorists crossing the intersection at Fourth & Adams. 64 PAGE 64 REGULAR MEETING-JUNE 14, 1976 VOLUME 17 2. Oscar Watsjold reported trailers were being located on individual lots as had been reported by the council during an earlier meeting and in dis- cussion council suggested action be taken to control this problem. The City Manager requested council support in enforcing the no trailer prohibition currently in effect in the municipality. Discussion followed and it was agreed that enforcement should proceed. Herman Leirer suggested an information sheet be made available to new residents in the area regarding the need for building permits, outlining the responsibility for payments of light & water bills and requesting cooperation in observing the litter law. ,. ames R.. Vild.p, CMC. t~lty Clerk~Tteasurer \. u ~. 'j "", ... { , > -------------~~~~~-------------~~--------------------------------------------------------------------- Dague moved to adjourn. Mayor Neve' adjourned (6j~ If .;1/M Richard A. Neve' Mayor . (~~i~:"~:: . REGULAR MEETING - JUNE 28, 1976 Item 1 - Call to Order: Mayor Neve' called to order the Regular Meeting of the City Council at 7:30 p.m. Item 2 - Opening Ceremony: Councilmember Hulm led the Pledge of Allegiance to the flag. Item 3 - Roll Call: Present were: Mayor Neve'; Councilmembers Dague, Dieckgraeff, Gillespie, Hulm and Mott (Absent was Councilwoman Oldow) . Present also: City Manager Filip, City Attorney Jacobus and Deputy City Clerk-Treasurer Shanley Item 4 - Approval of Minutes: Hulm noted on page 63 of the June 14, 1976, Minutes, under Item 10, the last sentence should be corrected to read as follows: "Clmr. Hulm seconded by Clmr. Dague moved to table action on Memorandum 76-14-1 until June 28, 1976." It was moved by Mott, seconded by Dague and unanimously carried by all those present to approve the Minutes of May 24 as written and June 14 as corrected. Item 5 - Borough Assembly Report: Neve' noted that Assemblyman Lutz and Councilwoman Oldow were both absent and, with Council consent, continued the report to the July 12 meeting. Item 6 - City Manager's Reports: 1. City Manager Filip spoke and answered questions on the Benny Benson flag memorial to be dedicated July 4. Following discussion, Neve', with Council consent, recommended the City formally invite Mrs. Benson to the ceremony and request Senator Gravel be the featured speaker and Pastor Groth conduct the invocation. e CITY OF SEWARD =c~ ~~=?~=7==,=_=~, $=== --:-:BO~::7--- e .. I.i:t>.-. , ,< p ~,.)! ,~ SEWARD, ALASKA 99664 . J l- '/ /. . ,'.' I' , (Jl RESOLUTION NO. 948 WHEREAS, the City of Seward is actively seeking the annexation of the Fourth of July creek area, and WHEREAS, the only overland access to this area is by way of Nash Road, and WHEREAS, residents along Nash Road have voiced con- cern regarding increased traffic which may result in the future due to oil exploration and development activities, NOW, THEREFORF, BE IT RESOLVED by the Common Council of the City (If Seward, Alaska, that the State Depart- ment of Highways is urged to include the paving of Na8h Road in its Highway Construction Program. PASSED AND APPROVED by the Common Council of the City of Seward, Alaska, this 14th day of June, 1976. Richard A. Neve' Mayor ATTEST: James R. Filip, City Clerk-Treasurer 'tIf' e e THE CITY OF SEHARD, ALASKA RESOLUTION NO. 949 BE IT RESOLVED, that the City Manager's ~unicipal Budget for the 1976-1977 Fiscal Year, including the letter of presentation which is a part thereof, and containing ~stimated revenues and expenditures as follows, BE ADOPTED, and that the money needed therefore is hereby appropriated; and fiE IT FURTHER RESOLVED, that the total assessed valuation assessed by the Boroup,h 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 }my 27, 1976. ~eal Property $16,597,790 $ 6,529,984 $ 1,454,272 $ 16,597,790 eersonal $ 6,529,984 Value of Boats in Seward City Assessed Boat Tax Revenue $ 1,500 $ 23,127,774 REVENUES Total General Fund: Total Light & Power Department Total Water Department Total Estimated Revenue $ 1,047,346 764,000 124,096 $ 1,935,442 EXPENDITURES r;eneral Fund: Hayor & Council General Office Supplies City Enl!;ineer City }mna~er 's Office City Clerk-Treasurer Finance Department Police Department Fire Department Street Department City Shop Boat Harbor Health, Education & Helfare General Services ~unicipal Buildin~ Debt Servi.ce Insurance Reserve $ 30,750 17,115 51,263 75,158 44,600 80,213 204,729 46,%9 157,221 42,193 11)3,173 22,800 71,377 41,444 34,358 24,883 $ 1,047,346 . e e Light & Power Department: Operating Expenditures Debt Service Reserve $ 570,269 77 ,978 115,753 $ 764 , ()')f) Yater Department: Operatinp' Expenditures Debt Service Reserve $ 72,759 27,655 23,682 $ 124,096 Total Budp,eted Expenditures: $ 1,935,442 AND BE IT FURTHER RESOLVED, that the rate of levy on the 1976 real and nersona1 property tax rolls shall be and is hereby levied at the rate of twenty (20) mills per dollar of assessed valuation, excent 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 ce~tificated 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 passa~e and approval. Passed and approved by the City Council of the City of Seward, Alaska, this cUrY of JJ.ll1e, 1976. Richard A. Neve', ~yor ATTEST: James R. Filip, C''iC City Clerk-Treasurer e e CITY OF SEWARD, ALASKA RESOLUTION NO. 950 BE IT RESOLVED THAT JOANNE E. SHANLEY be and is hereby appointed Deputy City Clerk- Treasurer of The City of Seward, Alaska, effective the sixteenth day of June, 1976, to perform or provide for performance of all of the duties of said office as described in Section 515 of The City of Seward Home Rule Charter, Section 2.102 of the Adminis- trative Code of The City of Seward (Ordinance No. 349) and as otherwise required by law in return for compensation at the rate of $1250.00 per month, and receipt of all fringe benefits. BE IT FURTHER RESOLVED that said Joanne E. Shanley shall immediately secure a faithful performance of duties bond from a company registered to do such business in the State of Alaska, to cover these duties, in the principal sum of Forty Thousand and No/IOO ($40,000.) Dollars, naming The City of Seward as beneficiary, the premium of which shall be paid by The City of Seward. This Resolution shall be effective on the date of passage and approval. Passed and approved by the City Council of The City of Seward, Alaska, This day of June, 1976. Richard A. Neve', Mayor ATTEST: James R. Filip, CMC City Clerk-Treasurer . I I I (' ~ )a PAGE 65 REGULAR MEETING - JUNE 28, 1976 VOLUME 17 Item 6 - City Manager's Reports: (cont'd) 2. City Manager stated the bids for City insurance coverage had been opened that afternoon and stated there were no bidders. Peter G. Hupperten, Jr. of P.G. Hupperten & Associates, Inc., spoke and answered questions on the City's inability to obtain liability insurance and recom- mended the City establish a broker of record letter to the Seward Branch of Clary Insurance Agency, Fred Lammers, agent. City Attorney Jacobus suggested the City publicly notify the community of the lack of coverage. City Manager commented on a letter from Fred D. Lammers, Clary Insurance Agency, the City's insurance broker, and read the proposed broker of record letter. Following discussion, it was moved by Mott, seconded by Dague and unanimously carried by all those present to designate Fred Lammers of Clary Insurance Agency as the broker of record. 3. City Manager stated that Ike Waits from the Kenai Borough would be in Seward on June 30 and available to discuss the zoning ordinance and reported that a special work session with the Planning and Zoning Commission would be held Wednesday, June 30, at 7:30 p.m. in the Council Chambers. Item 7 - Communications: City Manager read and commented on various correspondence, among them the following: --Jaycees Street Fair Committee, received June 28, 1976, requesting permission to block off Adams between 3rd and 4th Avenues on July 4 for the fair. City Manager, with Council consent, recommended the request be granted. --Robert E. Holmstrand, dated June 22, 1976, requesting refund of deposits on Lots 1, 2 and 3; Block 4; Oceanview Subdivision. City Manager, with Council consent, recommended the City retain 10 percent of the deposit for administrative costs incurred. City Attorney spoke and answered questions on the matter. Following discussion, Neve' asked Council to reconsider the suggestion and charge Holmstrand the actual administrative costs involved and then adopt a Resolution setting a firm policy for future actions of the Council wherein the entire deposit would be forfeited if the terms of the specific contract were not met; it was so moved by Dague, seconded by Mott and unanimously carried by all those present. --Alaska Libertarian Party, dated June 24, 1976, requesting City officials greet presidential candidate MacBride July 17 --Obihiro, Japan, Committee for International Friendship, dated June 22, 1976, announcing arrival of two exchange students in Seward --Last Frontier, Inc. dated June 22, 1976, regarding Jesse Lee development. City Attorney advised he was proceeding with Council's wish to terminate the contract. --Army Corps of Engineers, dated June 23, 1976, regarding Dresser Industries, Inc. request to dredge and construct a fill, bulkhead and pile dock facility at Seward --Seward Chamber of Commerce, dated June 19, 1976, requesting showing of film "Seward is Burning." City Manager stated there were mechanical difficulties with the equipment and the film would not run this year. --Regarding Seward Jaycees letter dated June 11, 1976, pertaining to the tennis courts, City Manager stated the $4200 needed had not been allocated in this year's City budget and he would so inform the Jaycees. uti PAGE 66 REGULAR MEETING - JUNE 28, 1976 VOLUME 17 Item 7 - Communications: (cont'd) --State Department of Highways, dated June 3, 1976, regarding Seward maintenance facility delay. Dague asked the City Manager to contact Representative Keith Specking regarding the facility and City Manager confirmed he would do so. Neve' displayed the trophy for the winner of the July 4 Mt. Marathon race which was donated by the City of Obihiro, Japan. Item 8 - Citizen's Discussion & Public Hearings: 1. Public Hearing was opened and City Manager spoke and answered questions on the proposed sale of Lots 4, 5 and 6; Block 2, Oceanview Subdivision, to James H. Whitethorn at $7000 per lot, for a total of $21,000. He stated there would be a Resolution approving the sale presented to Council on July 12 for their consideration. No one appeared in order to be heard and the Public Hearing was closed. Other citizen discussion took place as follows: Frank Irick spoke against the City holding available lots. Pat Williams spoke against refunding any money to Mr. Holmstrand and in support of the City moving as quickly as possible in selling lots to the public. Norman Coon asked what the City's plans were regarding the Jesse Lee Subdivision water and sewer facilities and City Manager and City Engineer Lowman advised him. Jim Whitethorn stated the lots available should be sold on a first come, first served basis. City Attorney spoke and answered questions on the failure of over the counter city land sales in other municipalities. Martin Goreson stated the City should be consistent in their policies. Alfred Lawton questioned the actual administrative costs incurred with Holmstrand's bid and forfeiture and City Manager advised it was approxi- mately $400-500. Item 9 - Council Discussion: Dague --Gave a report on the status of improvements at First Lake --Thanked all those involved in the City clean-up on Saturday, June 26 Neve' --Commended the local softball league --Thanked James Dague for his service on the Council and to the community and wished him the best in his new position with the USFS in Oregon Hulm --Asked the status of blacktopping the ferry terminal parking lot and City Manager advised he would write to the Governor --Questioned the status of the electrical contract and City Manager advised it would come up for Council discussion in July --Commented on the June 1976 Newsletter from Senator Stevens regarding Federal lands being conveyed to various communities and requested that when Senator Gravel arrived on July 4 he be shown the railroad spur and requested to seek legislation to give the City title to the property --Requested an Executive Session regarding financial matters relating to the City following the Regular Agenda items Gillespie--Questioned the status of the over-the-dock tariff for Seward Fisheries and City Manager stated a letter had been sent but no response received. --Questioned the status of the Louisiana Pacific burner and City Manager stated he had not yet contacted Mr. Potts --Asked about the feasibility of General Telephone establishing "0" as an emergency number. Neve' stated this was already the case but it needed to be publicized. --Asked the status of the contract with Dresser Industries and City Attorney advised he was in contact with the firm's legal counsel --Asked the City's annexation plans for property from Mile 3 to 8. Neve' requested Gillespie withdraw his request becausg of the lack of adequate information; Gillespie agreed. ()7 PAGE 67 REGULAR MEETING - JUNE 28, 1976 VOLUME 17 Item 10 - Resolutions, Ordinances and Other Action Items: 1. City Manager spoke and answered questions on State of Alaska Department of Health & Social Services' letter of June 16, 1976, transmitting "Contract for Services" regarding the Seward jail facility. City Attorney recommended the following amendments: I Page 2, paragraph 4, to read "The City will, in the event a Department prisoner escapes from or leaves the premises of the facility without authorization, notify the Director of the Division of Corrections of the Department immediately, and make every reasonable effort within the City to return the prisoner to the facility without cost to the Department." Page 3, omit paragraph 9 and request the State list the City of Seward as an additional insured under their liability coverage. Gillespie asked Polic~ Chief Bencardino if $12,000 per year was an adequate reimbursement and Bencardino confirmed that it was. Following discussion, it was moved by Dague, seconded by Mott and unanimously carried by all present to approve the jail contract subject to the two provisions as cited by the City Attorney. I 2. Neve' asked for citizen comment on the request to open the liquor dispensing establishments at 8 a.m. on Sunday, July 4. Frank Irick, Martin Goreson (representing himself as well as Dorothy's Lounge), Red Snyder, Alfred Lawton and two unidentified citizens spoke in favor of the early opening hour. Rev. Fultz, President of the Ministerial Association and Evelyn Moore spoke against granting the request. Fred Moore and another gentleman stated they were not for or against the request but spoke in favor of testing the effectiveness of the new ordinance regarding open beverage containers on the streets. Police Chief spoke on the newly enacted ordinance and stated the provisions of the ordinance would be posted by July 4. City Manager read a letter from the Seward Jaycees, dated June 14, 1976, supporting the early opening of the liquor establishments on July 4. City Attorney spoke and answered questions on the provisions of the new ordinance. Following discussion, it was moved by Gillespie, seconded by Dague and carried as follows to allow the liquor establishments to open at 8 a.m. on Sunday, July 4: Ayes: Noes: Absent: Dague, Dieckgraeff, Mott and Gillespie Hulm and Neve' Oldow 3. City Manager spoke and answered questions on his Memorandum 76-14-1 recommending an adjustment in Alaska Barge & Salvage grid use bill and gave billings on the other boats on the grid during the time frame considered. Following discussion, it was moved by Mott, seconded by Dieckgraeff and unanimously carried by all those present to accept the Harbor Commission's recommendation to adjust the billing for Alaska Barge & Salvage with the stipulation that the adjusted bill be paid within 45 days. Item 11 - Citizens' Discussion: The following individuals appeared and were heard: Pat Williams Chuck Wingo stated that 95 percent of the property owners between Mile 3 and 8 were against annexation. City Attorney answered questions on various annexation procedures. I Proclamation: (See Attached) Neve' read in full a Proclamation regarding the Bennington Flag and so proclaimed that the flag should be displayed in the City of Seward. Executive Session: held from,p,,,'Jiill' ,.rf.'_' c- ". r(\<' 1'- ,\- ': t 11; Item ~2: -\Adj~~~~G~ \'~, ,_' t _~, _>"':' .<,) r .. The Jll~tin~ was Session regarding the City's finances was p.m. . .' \ iJ.- djourned at 11:35 p.m. ~.. A <o/l/~ Richard A. Neve' Mayor ()~ PAGE 68 REGULAR MEETING - JULY 12, 1976 VOLUME 17 Item 1 - Call to Order: Mayor Neve' called to order the Regular Meeting of the City Council at 7:32 p.m. Item 2 - Opening Ceremony: Mayor Neve' led the Pledge of Allegiance to the flag. Item 3 - Roll Call: Present were: Mayor Neve'; Councilmembers Gillespie, Hulm and Mott (Absent, with Council consent, was Councilman Dieckgraeff; also absent was Councilwoman Oldow) Present also: City Manager Filip and Deputy City Clerk-Treasurer Shanley (Absent was City Attorney Jacobus) Item 4 - Approval of Minutes: It was moved by Hulm, seconded by Mott and unanimously carried by all those present to approve the Minutes of June 28, 1976, as written. Item 5 - Borough Assembly Report: Mayor Neve' read Kenai Peninsula Borough Clerk's letter of July 7, 1976, regarding the Borough's adoption of Resolution No. 76-30 entitled "A Resolution Calling for the Paving of Nash Road in the Seward Area". Item 6 - City Manager's Reports: 1. City Manager requested consideration of a lease agreement with American Motors for two police cars as Item 10 3. on the Agenda. 2. City Manager stated that on Tuesday, July 20, Marsha Bennett would be in Seward to discuss and receive input on a local survey question- naire and asked that Councilmembers contact him if they had any specific questions or suggestions. 3. City Manager stated that Council would have to appoint a replacement for former Councilmember Dague. Following discussion, a work- shop was scheduled for 7 p.m. July 26 to discuss the appointment and it was noted that the appointment would appear as an Agenda item for the 7:30 p.m. meeting. 4. City Manager stated the Obihiro delegation would be arr1v1ng in Seward on Sunday, July 18, and a picnic was tentatively scheduled, weather permitting, for 6 p.m. on Monday, July 19. He further stated the guests would be leaving Tuesday morning for Anchorage and then on to Tokyo. Item 7 - Communications: City Manager read and commented on the following correspondence: --State of Alaska Department of Public Works, dated June 28, 1976, opposing Dresser Industries, Inc. development in Seward --P.G. Hupperten & Associates, Inc., dated July 6, 1976, setting forth Loss Control and Safety Program for the City. City Manager, with Council consent, recommended that the item be placed on a future Council Agenda for further discussion. --U.S. Energy Research and Development Administration, received July 6, 1976, denying City's request for a Wind Turbine Generator site --Clary Insuranc~ Agency, dated July 9, 1976, regarding City insurance coverage ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL - VOLUME 17 PAGE 67 PROCLAMATION BY THE MAYOR: I \\1HEREAS, the famous "Bennington Flag" is known to be the first version of the "stars and Stripes" to have been flown by American troops in victory over a defeated enemy; and WHEREAS, the Battle of Bennington, where the flag was first unfurled, was an inspiring victory and was called by Thomas Jefferson "the first link in the chain of success" which led to the final victory of American arms at saratoga; and WHEREAS, the theme adopted by the United States of America for its observance of the Bicentennial of the American Revolution is the revitalization of this self-same "Spirit of '76," I NOW, THEREFORE, I, Richard A. Neve' , MAYOR OF THE CITY OF SEWARD, AIASKA, do hereby proclaim to call on the citizens of our City to display by their words and deeds a new "Spirit of '76 by involving themselves more fully in pUblic affairs at every level; and BE IT FURTHER RESOLVED, I do proclaim that the Bennington Flag, which by its role in the nation's heritage and its very physical design symbolizes this "Spirit of '76," should be displayed in this City as a posi ti ve -"d,t~y"'or' ,p?; triotism and personal ....~,' ~ " I" t. .~.( '5at~-d: June ';8:;". 1976 if -\ : '\ ~~fh~ involvement. 0JtLc,i A c!t~ r HAYOR OF SEWARD, AIASKA I I I ()~) PAGE 69 REGULAR MEETING - JULY 12, 1976 VOLUME 17 Item 7 - Communications: (cont'd) --Seward Chamber City staff for celebration of Commerce, dated July 7, 1976, commending the the part they played in the successful July 4th --United States Senate, dated July 6, 1976, regarding Senate Agriculture and Forestry Committee's Oversight Hearings --Seward Fisheries, dated June 29, 1976, transmitting check in the amount of $973.50 for wharfage charges --United States Department of Agriculture, dated June 30, 1976, denying City's preapplication for sewer and water improvements to the Jesse Lee Heights Subdivision Mayor Neve' commented on Kenai Peninsula Borough letter dated July 6, 1976, transmitting "Outer Continental Shelf (OCS) Grant Scope of Services" and stated a cOpy of the document would be on file with the City Clerk for the public's perusal. He further stated a work session should be scheduled for discussion of the subject. Mayor Neve' read in full State of Alaska Office of the Governor letter dated June 30, 1976, and attached "Official Recognition" regarding the Bennington Flag. Item 8 - Citizens' Discussion & Public Hearings: None Item 9 - Council Discussion: Mott --Commented favorably on the July 4 celebration --Asked status of signs for campers in the Small Boat Harbor area and City Manager advised they would soon be posted and he further stated he was working on an overall revised policy for campers due to the increased traffic Hulm --Stated that business should not be conducted by the Harbor Commission, or any other agency, if a quorum did not exist at a meeting and further stated that those members that could not participate regularly should be replaced --Questioned status of Legion Cab franchise. City Manager advised he had requested Ron's Auto, owner of Pioneer Cab, inform him if Legion Cab had been purchased or leased but no response had been received. Following discussion, City Manager, with Council consent, stated he would inform Ron Devereaux to send a letter to Council before its July 26 meeting, answering questions on the status of the two taxicab franchises. Gillespie--Questioned if a letter had been received from Louisiana Pacific regarding their burner and City Manager stated he had not yet talked to Mr. Potts. Gillespie requested City Manager invite Potts to the next Council meeting to explain the burner operation. --Asked when a meeting would be scheduled to discuss annexation plans. Following discussion, City Manager stated he would proceed with acquiring the needed data from the Borough for all possible annexation alternatives for presentation to Council. A workshop was tentatively scheduled for mid-August to receive the information gathered. --Questioned the proposed lease of Mr. Anderson's dock and City Manager advised he was currently working on the matter. Neve' --Spoke on the problem of tents in the lagoon area and other private property, without owner permission, and City Manager advised he would have the Police Department investigate. --Congratulated the Police Department and the community in general for the pleasant July 4 atmosphere. 7U PAGE 70 REGULAR MEETI:NG - JULY 12, 1976 VOLUME 17 Item 10 - Resolutions, Ordinances and Other Action Items: 1. City Manager read in full a Resolution entitled: (See attached) A Resolution Accepting the Bid of James H. Whitethorn for the Purchase of Certain R-21 Urban Renewal Property It was moved by Mott, seconded by Hulm and unanimously carried by all those present to adopt Resolution No. 951. 2. City Manager spoke and answered questions on a request made by Bruce Sieminski for approval of a six inch encroachment onto the right- of-way of the existing structure located on Lot 1, Block 16, Original Townsite. He read a letter of intent to Alaska Mutual Savings Bank, dated July 6, 1976, stating the City's position was that they would take no action against the property. It was moved by Mott, seconded by Hulm and unanimously carried by all those present to approve the letter of intent as read by the City Manager. 3. City Manager spoke and answered questions on "Vehicle Lease" for two four-door police package patrol sedans. City Comptroller Baugh spoke in support of the leasing plan. Following discussion, it was moved by Hulm, seconded by Mott and unanimously carried by all those present to accept the Vehicle Lease Agreement with American Motors. Item 11 - Citizens' Discussion: The following individuals appeared and were heard: Pat Williams - Asked about the State program to remove wrecked cars and Karen Swartz advised she had contacted a repre- sentative of the State program and he had confirmed they would be coming to Seward. Karen Swartz - Spoke against the misuse of police vehicles by certain employees. Willard Midby - Asked questions on the Seward Comprehensive Plan and if it would be available at the City Clerk's office and Mayor Neve' confirmed it would be made available in the Clerk's office, as well as in the City Manager's office and the library. Item 12 - Adjournment: was adjourned at 8:30 p.m. fid.l!!.~ ~~ Mayor (/ -)' - JS , . e - CITY OF SEWARD, ALASKA RESOLUTION NO. 951 A RESOLUTION ACCEPTING THE BID OF JAMES H. WHITETHORN FOR THE PURCHASE OF CERTAIN R-21 URBAN RENEWAL PROPERTY WHEREAS, the Seward City Council feels that it is in the public interest to accept the bid of JAMES H. WHITETHORN for the purchase of Lots 4, 5, and 6; Block 2; Oceanview Subdivision; for the total price of Twenty-One Thousand Dollars ($21,000), NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The bid of JAMES H. WHITETHORN is hereby accepted, and the City Manager is authorized and directed to execute the necessary documents to process the sale of this property in accord with the Ordinances of the City of Seward, Alaska, and the requirements of the United States Department of Housing and Urban Development. Section 2. rlds 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 AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 12th day of July, 1976. CITY OF SEWARD, ALASKA f.J ,} . t:' ., ' / -c.;r tJ~ ! 'f ,(t ~'~f:; Richard A. Neve' - Mayor A,t's: Gillespie, Hulm, Mott and Neve' ~, "": None AI",t'llt: Dieckgraeff and Oldow ATTEST: (City Seal) APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, Attorn~s for the City of ) \ /.- \ i , . A- . c, ; [ .~ d ,,~'t ;-~_)'C-~""~', '\ \, . ->", .' \/:,' ;,j, .....\ ., -' --->-,- Kenneth P. Jac~obus POWELL & BRi'~ i: N Seward \) . . \ ( . L _ ~ 'j" i.Oc.Y~ L:, ~\ nc; ,,-klcj Jo!Anne E. Shanley - Deputy : l City Clerk-Treasurer ...;;, , " ,f"...;......._.:'./v~/t,...:',..-\. .".' ! .,', ,,~.. . ... 71 PAGE 71 REGULAR MEETING - JULY 26, 1976 VOLUME 17 NOTE: A workshop was held from 7:00 p.m. to 7:30 p.m. to discuss ment of a Councilmember to fill the vacancy left by former Dague. the appoint- Councilman - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Item 1 - Call To Order: Mayor Neve' called to order the Regular Meeting of the City Council at 7:40 p.m. III Item 2 - Opening Ceremony: Councilmember Hulm led the Pledge of Allegiance to the flag. Item 3 - Roll Call: Present were: Mayor Neve'; Councilmembers Gillespie, Hulm, Mott and Oldow (Absent, with Council consent, was Councilman Dieckgraeff) Present also: City Manager Filip, City Attorney Jacobus and Deputy City Clerk-Treasurer Shanley Item 4 - Approval of Minutes: It was moved by Hulm, seconded by Oldow and unanimously carried by all those present to approve the Minutes of the July 12, 1976, Regular Meeting as written. Mayor Neve' introduced the two exchange students from Obihiro, Japan, Messrs. Mikiaki Muramoto and Toshikazu Okazaki, welcomed them to Seward and presented them with gifts from the City. Neve' thanked Brent Hhitmore and all the other citizens involved in the exchange program. Whitmore spoke on the students' schedule while in the Seward area. III Item 5 - Borough Assembly Report: Oldow gave report on the July 20, 1976, Kenai Peninsula Borough Assembly Meeting. Item 6 - City Manager's Reports: 1. City Manager noted the following additional Agenda items: Item 8; 1. Item 10; 6. 7. Sieminski encroachment Backhoe purchase approval Resurrection River Road permit Resolution 2. City Manager spoke and answered questions on enforcement of the $2 a day fee for boat trailers parked in the Small Boat Harbor area. Following discussion, Council directed the staff to begin strictly enforcing the fee by August I. 1976. Oldow questioned the practice of pleasure boats tying up to one another, thereby hindering some boats trying to leave their slips, and cited the MAXINE as a specific example. City Manager stated he would notify the Harbor Master of the problem. I 2. City Manager recommended that the 7th Avenue truck route be abandoned and that all trucks travel down 3rd Avenue, a State maintained highway. Public Horks Director spoke and answered questions on the recommendation. Following discussion, it was Council consensus to hold the item over for discussion at the August 9, 1976, meeting. 3. City Manager stated the Jaycees had located a private donor to finance construction of the tennis courts and further stated the City would assist in the project as much as possible. ~.) ...... PAGE 72 REGULAR MEETING - JULY 26, 1976 VOLUME 17 Item 7 - Communications: City Manager read and commented on the following correspondence: --Department of the Army letter dated July 12, 1976, concerning possible hydropower development of Grant Lake --United States Senate letter dated July 15, 1976, transmitting Department of the Army letter, undated, concerning the status of several potential projects in Alaska --Kenai Peninsula Borough Clerk's letter of July 13, 1976, transmitting petition bearing 40 qualified signatures, requesting a fire service area in the vicinity of Bear Creek --Senate Majority Leader letter dated July 10, 1976, regarding the paving of Nash Road --Television Translator Receipts and Disbursements chart covering period July 1, 1975, through June 30, 1976 --Kenai Peninsula Borough letter dated July 21, 1976, transmitting "Public Notice to Residents of Seward, Soldotna, Kenai and Seldovia Areas - Public Survey to be Conducted for the Kenai Peninsula Borough Planning Department During August, 1976" --Melvin L. Deck's letter of July 23, 1976, opposing new utility lines in an area of Jesse Lee Heights Subdivision Oldow questioned the television service being operated on a donation basis. Following discussion, Neve', with Council consent, requested that discussion of an ordinance setting a fee for television service be scheduled for the August 9 Agenda. Item 8 - Citizens' Discussion & Public Hearings: 1. Public Hearing was opened on the Sieminski encroachment at the corner of 5th Avenue and Jefferson. Chris Werner spoke in support of and answered questions on the sidewalk construction and presented letter dated July 22, 1976, which was read in full by the City Manager. Werner questioned the Certificate of Occupancy requirement and City Manager confirmed the stipulation appeared in the Uniform Building Code but had not previously been enforced. Dean Williams, Bruce Sieminski, Pat Williams and Beverly Dunham spoke in support of allowing the encroachment. City Manager read in full letter dated July 19, 1976, from Building Inspector Watsjold regarding his lack of knowledge of the encroachment prior to construction. City Engineer Lowman spoke on the applicable sections of the City Code and against allowing encroachments onto City property. Neve' spoke of the need to require plans and specifications when a party applied for a building permit. Herman Leirer spoke in favor of requiring a cash bond to cover the cost of removing the structure if necessary in the future. City Attorney spoke in support of placing a covenant on the property instead of a cash bond. No one else appeared in order to be heard and the Public Hearing was closed. It was moved by Oldow and seconded by Mott to allow the business to open and to table the question of the construction until a recommendation could be prepared by the City Attorney. Neve' requested Oldow hold the, motion over until "Council Discussion" and she so agreed. Item 9 - Council Discussion: Gillespie--Asked about the Louisiana Pacific burner and City Manager stated Mr. Potts could not be in attendance at the meeting but explained the operation of the burner. Following discussion, Gillespie asked that the City Engineer keep in mind Louisiana Pacific's need for a larger water supply and if Dresser Industries came into the area maybe the water line could be built to accommodate both industries' needs. Mott --Asked why "No Camping" signs had not yet been placed on the beach area and City Manager responded it would be done. --Commented on the City's previous discussion regarding lowering the speed limit on the Seward Highway and explained that the State Traffic Engineer would have to conduct a traffic study before the speed limit could be reduced and requested the City Manager follow through with the request. ,.., .) , d PAGE 73 REGULAR MEETING - JULY 26, 1976 VOLUME 17 Item 9 - Council Discussion: (cont 'd) Oldow --Repeated her previous motion to allow the Werner and Sieminski business to open and table the question on the construction until Council could receive a recommendation from the administration regarding the encroachment. The motion was seconded by Hulm and unanimously carried by all those present. --Stated she was proceeding with attempts to have the State Highway Shop building moved outside the City limits. I Item 10 - Resolutions, Ordinances and Other Action Items: 1. Neve', with Council consent, confirmed Council had chosen to appoint Alice Ainsworth to fill the unexpired term of former Councilman Dague until the October election. Ainsworth appeared, took the Oath of Office, was seated at the dais and thereafter took part in the meeting. 2. City Manager spoke and answered questions on the operation of Legion and Pioneer Cabs. Jack Hoogland of Legion Cab spoke in support of and answered questions on his proposal to purchase Pioneer Cabs two permits. Police Chief Bencardino and City Attorney spoke and answered questions on the operation of the local taxicabs. Following discussion, it was moved by Hulm, seconded by Oldow and unanimously carried by all those present to authorize the purchase of Bioneer Cab's two permits by Hoogland and allow the operation of two cabs with the stipulation the operation would be reviewed by Council at the end of six months. 3. Deputy City Clerk read in full proposed Ordinance No. 422 entitled: An Ordinance Repealing and Re-Enacting Section 5-42 of the Seward Code, Relating to Transfer of Slip Assignments in Seward Small Boat Harbor I It was moved by Hulm, seconded by Mott, but later withdrawn, to refer the ordinance to its second reading. Following discussion, City Attorney confirmed he would rewrite the ordinance for presentation at the August 9 Council meeting. 4. Deputy City Clerk read in full proposed Ordinance No. 423 entitled: An Ordinance Repealing and Re-Enacting Section 5-80.1 of the Seward Code, Establishing Fees for the Seward Municipal Small Boat Harbor Robert Clasby of the Harbor Commission spoke on the proposed ordinance. Following discussion, it was moved by Hulm and seconded by Mott to approve the ordinance and refer it to its second reading. Hulm moved, but later withdrew the motion, to increase "(c) Electrical Access Service Fee" from $3 to $10 per month. The original motion unanimously carried by all those present. 5. Deputy City Clerk read in full proposed Ordinance No. 424 entitled: An Ordinance Repealing and Re-Enacting Section 5-80.2 of the Seward Code and Establishing Fees for the Use of the Small Boat Harbor Grid Clasby, Harbor Commissioner, spoke and answered questions on the provisions of the ordinance. Following discussion, it was moved by Hulm, seconded by Oldow and unanimously carried by all those present toapprove the ordinance and reter lt to its second reading. I 6. City Manager spoke and answered questions on Public Works Director's "Backhoe Proposals" summary comparison dated July 26, 1976, and stated the staff recommended purchase of Case 580C from Yukon Equipment at a price of $20,727. It was moved by Mott, seconded by Hulm and unanimously carried by all those present to approve the staff recommendation. ;'4 PAGE 74 REGULAR MEETING - JULY 26, 1976 VOLUME 17 Item 10 - Resolutions, Ordinances and Other Action Items: (cont'd) 7. Deputy City Clerk read in full proposed Resolution No. 952 entitled: (See attached) A Resolution Requesting that the United States Grant an Easement or Permit to Allow the Continued Existence of the Road in the Resurrection River Recreation Area Allowing Access to Exit Glacier Herman Leirer and City Attorney spoke in support of and answered questions on the resolution. Following discussion, it was moved by Mott, seconded by Gillespie and unanimously carried by all those present to enact Resolution No. 952. Item 11 - Citizens' Discussion: Chris Werner questioned the terms of Resolution No. 952 and Mott and Leirer responded. Beverly Dunham questioned whert the roads would be sealcoated and City Manager advised the project would be extended for another year. Beverly Dunham spoke on the recreational facilities built and maintained by the U.S. Park Service throughout the States. Item 12 - Adjournment: The meeting was adjourned at 11:04 p.m. fjJJJJ "/I. /[~, ~ / R'chard A. Neve' Mayor '. . .. - - CITY OF SEWARD, ALASKA RESOLUTION NO. 952 A RESOLUTION REQUESTING THAT THE UNITED STATES GRANT AN EASEMENT OR PERMIT TO ALLOW THE CONTINUED EXISTENCE OF THE ROAD IN THE RESURRECTION RIVER RECREATION AREA ALLOWING ACCESS TO EXIT GLACIER WHEREAS, it is in the public interest to allow continued and improved access along the presently existing road along the Resurrection River to Exit Glacier to allow access to that area for the purposes of recreation, and WHEREAS, the City of Seward has the legal authority to apply for a right-of-way easement or permit to provide access to recreational areas outside of the City boundaries (See A.S. 29.48.0l0(9) and A.S. 29.48.030(15)). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The City of Seward hereby applies for and requests that the United States issue a right-of-way easement or permit to allow continued public recreational access to the Resurrection River and Exit Glacier areas, along the presently existing road, and to allow maintenance and improvement of that road. Section 2. The Memorandum of Understanding, proposed by the United States Department of the Interior, Bureau of Land Management, and attached to this resolution, is approved and accepted. The final Memorandum of Understanding, as it exists at the time of the issuance of the permit, shall be brought back to the City Council for approval if it contains any substantial changes. Section 3. The City Manager and City Attorney are authorized to prepare and execute all applications and supporting documents on behalf of the City of Seward, and file these with the appropriate federal agencies, in order to obtain the necessary right-of-way easement or permit. Section 4. This resolution takes effect immediately upon passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 26th day of July , 1976. . e e ~):TA:;;~j , R1C ard A. Neve' - Mayor AYES: NOES: ABSENT: AINSWORTH, GILLESPIE, HULM, MOTT, OLDOW AND NEVE' NONE DIECKGRAEFF APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Att~rneys for the City of Seward \ By:- ~I AJv'V\JtL\.... ' ~ f ) K neth P. Jacobus , .. i to ,<. ('.1 ty Sea.i! ..c , PROPOSED taRMIOlltl OF. IJtln[RSTArlllIt:r. _ cormITIOIJS OF EX~I.^CIER ROM RIGI:T-OF-I'J/IY PEm,. The plJrpose of this flemorandum of Under~tandin9 is to set forth conrlitions under which the flc[JClrtrlent of the Interior vii 11 consi rler of i sSllinC) a ri flht-of-way remi t for the presently unauthori zed road on D-2 withdra\'tn 1 anrls. " HHERrAS the City of Se\~ard did construct and partiallY cOf'1rlete il rOild to Exit Glacier in the Resurrection River valley on lands withdravrn by PLO 5170 lIn:1pr section 17(d)(2) of the ^laska tlative Claims Settlement ^ct as a pilrt of t'le proposed Haroin'l Icefield-t~enai Fjords National ~'()nul'1ent ann Pm'fer Site Clas- s ifi ca t ion I'lithdral'la 1, nUrlDer PSC 40~. \...ithout necessary pernits, and 1~IlER[^S t!lf' tlational Pilrk Service identifies said rOi\d in its Environfllental Impact Statement for the proposed Harding Icefield-Kenai Fjords rlational tlonument, anci I~HERE^S the Bureau of Land Milnaqement has the mananefTlent responsi bil ity for enforcinQ trespass action and issuing riqht-of-way permits, and ImERE^S thi s is recol}ni zed as a speci a 1 case and thi s acti on vii 11 not set a precerlent, and WHERE^S the ConQress of the United States will !'lake the final disposition of this lanci, and' HHER[^S the flureau of Land tlanilqe!'lCnt has consulted ~ti th the Rureall of Outdoor Recreation, the U.S. Forest Service. the National Park Service and the Fish and Wildlife Service, and WHERE^S all parties agree that this rlatter ~hould be resolved; THERfFOR[ be it understood by the Rureau of Land t1i\nafJel'lent and the Ci ty of Sel'lard that: The City of Se\'/ard shall apply for a ri'1ht-of-Vlay permit, and That, sub,iect to the follOlofin0 conditions, the Rureau of Land f1anilqefTlent \.lill request Secretariill ilprroval for said rioht-of-way. Genera 1 : 1. ^ny riqht-of-way will be subject to 43 CFR 2801.1-5 and suc~ other special s~ipulations as are herein set forth. 2. The projPct \'Iill be subject to the Niltional Environf'lental Policy ^ct and appropriate State of ^laska statutes. ^n environMental analvsi~ will be co~pleted prior to the additional con~truction. . 3. . Roarl construction ~Jill he ifA:cordance ~Iith the State of Al~ stanoilr'o specifications for hiCJhway "truction, dated 1972. The hr_ vlill Pleet or exceed 20-year flood standards. 4. Subject to futur.e aQreement betvleen the management agency desi tlniltr>d hy Con<]ress ann the City of Seward, the City of Seward shall relinquish or vacate the road. 5,. The City of Se~/ard shall aSSUflle and the United States shilll be relieved of all le(]al responsihilities associated ~Iah the construction, maintrnance, and use of the road if requested by the manaqing aqency. 6. Only temporary inproverlents on or alonCJ the right-of-vICtY shall he pemitted. Notice or plans for these shall be submitted to and approvpd by the Bureau of Land Management prior to construction. 7. The D-2 area shall he closed to all off-road vehicles except that snowfllobilps may be pend tted subject to control based on plans developed hy the Bureau of Land ManageMent. The City of Sewa rd vii 11 : 1. Assume'all road maintenance responsibilities that are needed to keep this road in serviceable and safe conditions. 2. Assume the responsibility of litter control, trash pickup and sanitation along the road by the placement of trash receptacles and approved sanitary facilities. 3. Assume the responsibility for the pnsting and fllaintenance of siqns along the road inforrling the visitor of the rules, regulations anrl hazards that are associated with the use of the road.. All signs will be provideo or approved by the Bureau of Lanrl Management. It is mutually understood by the Bureau of land r1anaCJemen: ilnd the Ci ty of Sewaro that the concepts or stipulations set forth in this nel'1orandurl ilre ~Ilh,iect to revie~1 ano mooification prior to the issuance of the right-of-~'ay pCrI'1it. It is further understood that public use of the Exit Glacier area will he requlated, restricted or eliminated if unacceptahle environmpntal irlpacts ilrr> id0ntifi(>rj or for ot'ler reasons it is deemed necessary for the puhl i c good. The flureau of Land 11alliHlf'rlcnt Vii 11 uni laterally rlake any decisions regardinC] the need to reCJulate, restrict, or elirJinate public use. ,... .. 4 ~J PAGE 75 REGULAR MEETING - AUGUST 9, 1976 VOLUME 17 I. CALL TO ORDER: The regular meeting of the Seward City Council was called to order at 7:45 p.m. at the Seward Elementary School gymnasium. II. OPENING CEREMONY: I Councilmember Gillespie led the Pledge of Allegiance to the flag. III. ROLL CALL: Present were: Mayor Neve'; Councilmembers Dieckgraeff, Gillespie, Hulm, Motfanq Oilidow (Absent, with Council consent, was Councilmember Ainsworth) Present also: City Manager Filip, City Attorney Jacobus and Deputy City Clerk-Treasurer Shanley IV. APPROVAL OF MINUTES: Deputy City Clerk noted on Page 73 of the July 26 Minutes, Item 10 2., "Legion Cab" should have appeared in place of "Pioneer Cab" and "Pioneer Cab" should replace the two references to "Legion Cab". Hulm made the following corrections under Item 10: 4. (motion) "Following discussion, it was moved by Hulm and seconded by Mott to approve the ordinance and refer it to its second reading." I 5. (motion) "Following discussion, it was moved by Hulm, seconded by Oldow and unanimously carried by all those present to approve the ordinance and refer it to its second reading." It was moved by Hulm, seconded by Oldow and unanimously carried by all those present to approve the Minutes of July 26, 1976, as corrected. V. APPROVAL OF REGULAR MEETING AGENDA: City Manager added the following items to the Agenda: VIII. C. 3. 4. 5. 6. Baseball fields Tax foreclosed property Sieminski encroachment Permit to use highway property VI. BOROUGH ASSEMBLY REPORT: Oldow stated she was not in attendance at the previous Borough Assembly meeting. She further stated that Assemblyman Lutz had resigned and Council should appoint a replacement. Neve', with Council consent, stated the appointment would be discussed at the August 23 meeting. VII. CITIZENS' DISCUSSION AND PUBLIC HEARINGS: I A. Public Hearing was opened on the City's proposed annexation plans involving Lowell Point and Bear Creek areas and a map showing the proposed boundaries was noted and available for the public. Neve' intro- duced Pat Poland from the Local Boundary Commission and Palmer McCarter from the Office of Community and Regional Affairs and spoke in support of advance planning for Outer Continental Shelf development impact. City Manager spoke and answered questions on the City's changing situation. City Attorney spoke and answered questions on how other municipalities in Alaska had coped with similar problems as Seward is anticipating. He read his letter to the Council dated August 6, 1976, supporting annexation and handed out a map showing Valdez and vicinity before and after annexation. r-( . t ) PAGE 76 REGULAR MEETING - AUGUST 9, 1976 VOLUME 17 VII. CITIZENS' DISCUSSION AND PUBLIC HEARINGS: (cont'd) Oldow passed out two undated statements supporting annexation, one signed by herself and one by Donald J. Oldow. Mott spoke in support of local control of growth. Dieckgraeff and Hulm stated they would support annexa- tion only if the citizens of the area supported the proposal. The following people appeared and spoke against annexation: Willard Midby - Old Nash Road - turned in petitions against annexation bearing approximately 225 signatures Oscar Bailey - Old Nash Road Chuck Wingo - Salmon Creek Road Phillip Faulkner - Mile 3 1/2 Seward Highway Fred Moore Kay Butler Tracy Leer Evelyn Moore Roscoe Livingston - Dump road Bill Dewitz - Nash Road Bruce Trygstad Irene Hollman Virginia Wingo George Zimmerman Pauline Maxwell Mr. Keller Elaine Stallings - Mile 7 Reverend Glenn Groth spoke in support of annexation and advance planning for possible growth. No one else appeared in order to be heard and the Public Hearing was closed. x. NEW BUSINESS: A. (taken out of order by Mayor, with Council consent) John Tetpon of the Pacific Rim Native Association handed out a letter to the Council and spoke and answered questions on the Federal funds available for a local youth services program and requested Council support. Following discussion, Neve', with Council consent, requested further discussion of the item take place at the August 23 meeting. VIII. ORDINANCES AND RESOLUTIONS: A. Ordinances for First Reading: 1. Deputy City Clerk read in full proposed Ordinance No. 422 entitled: An Ordinance Repealing and Re-Enacting Section 5-42 of the Seward Code, Relating to Transfer of Slip Assignments in Seward Small Boat Harbor Robert Clasby, Harbor Commissioner, spoke and answered questions on the ordinance. Following discussion, it was moved by Mott, seconded by Oldow and unanimously carried by all those present to approve the ordinance and refer it to its second reading. 2. Deputy City Clerk read in full proposed Ordinance No. 423 entitled: An Ordinance Repealing and Re-Enacting Section 5-80.1 of the Seward Code, Establish- ing Fees for the Seward Municipal Small Boat Harbor City Manager spoke and answered questions on the revised rate structure. Hulm voiced concern over the continuous lack of quorums at the Harbor Commission meetings and requested a breakdown be prepared of commissioners' absences and those who missed three consecutive meetings be replaced. Following discussion, it was moved by Hulm, seconded by Gillespie and unanimously carried by all those present to approve the ordinance and refer it to its second reading. 77 PAGE 77 REGULAR MEETING - AUGUST 9, 1976 VOLUME 17 VIII. ORDINANCES AND RESOLUTIONS: (cont'd) A. Ordinances for First Reading: (cont'd) 3. Deputy City Clerk read in full proposed Ordinance No. 424 entitled: I An Ordinance Repealing and Re-Enacting Section 5-80.2 of the Seward Code and Establishing Fees for the Use of the Small Boat Harbor Grid Following discussion, it was moved by Oldow, seconded by Mott and unanimously carried by all those present to approve the ordinance and refer it to its second reading. 4. Deputy City Clerk read in full proposed Ordinance No. 425 entitled: An Ordinance Creating Chapter 19A, Taxes and Assessments, Article I, Improvement Districts and Assessments, to the Seward City Code City Attorney spoke and answered questions on the prov~s~ons of the ordinance. Following discussion, it was moved by Hulm, seconded by Dieckgraeff and carried as follows to approve the ordinance and refer it to its second reading: Ayes: Noes: Absent: Dieckgraeff, Gillespie, Hulm, Neve' and Oldow Mott Ainsworth I B. Ordinances for Second Reading: None C. Resolutions: 1. Deputy City Clerk read in full proposed resolution entitled: A Resolution Authorizing Signatures for City Bank Accounts and Rescinding all Previous in Conflict Herewith It was moved by Oldow, seconded by Hulm and unanimously carried by all those present to adopt Resolution No. 955, effective August 9, 1976. (see attached) 2. Deputy City Clerk read in full proposed resolution regarding a sales tax proposition entitled: I 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 Two Percent (2%) on All Sales Already Taxed by the Kenai Peninsula Borough Within the City of Seward, at an Election to be Held for that Purpose in and for the City of Seward, Alaska, on October 5, 1976 It was moved by Mott, seconded by Oldow and unanimously carried by all those present to adopt Resolution No. 957. (see attached) 3. Deputy City Clerk read in full proposed resolution regarding baseball fields entitled: A Resolution of the City Council of the City of Seward, Alaska, Relating to Baseball Fields It was moved by Mott, seconded by Dieckgraeff and unanimously carried by all those present to adopt Resolution No. 958. (see attached) -~-b PAGE 78 REGULAR MEETING - AUGUST 9,1976 VOLUME lZ ORDINANCES AND RESOLUTIONS: (cont'd) VIII. C. Resolutions: (cont'd) 4. Deputy City Clerk read in full proposed resolution regarding tax foreclosed property, untitled. It was moved by Hulm, seconded by Dieckgraeff and unanimously carried by all those present to adopt Resolution No. 956. (see attached) 5. City Manager read in full and spoke in support of "Agreement Regarding Encroachment" staff proposed to make with Bruce Sieminski regarding the sidewalk structure at the corner of Fifth and Jefferson. Hulm stated the matter should be tabled because he felt the sidewalk was an asset to the property. It was moved by Matt, seconded by Gillespie, but later withdrawn, to direct the City Manager to execute the agreement with Sieminski and party. Bruce Sieminski and Chris Werner stated they had not had time to thoroughly review the document and further stated they could not open the business until the steps and railing were installed. Following discussion, it was moved by Gillespie, seconded by Oldow and carried as follows to approve the agreement as read by the City Manager: r""- I Ayes: Noes: Absent: Dieckgraeff, Gillespie, Mott, Oldow and Neve' Hulm Ainsworth- 6. City Manager read in full document entitled "Permit to Use Highway Property" relating to that area known as "Jap Creek Pit Materials Site". It was moved by Mott, seconded by Dieckgraeff and unanimously carried by all those present to approve the Permit. IX. UNFINISHED BUSINESS: A. City Manager read Memo dated August 9, 1976, setting forth staff recommendation to abandon the Seventh Avenue truck route and encourage the use of Third Avenue. It was moved by Mott, seconded by Dieckgraeff and carried as follows to approve the City Manager's recommendation: r'~ Ayes: Noes: Absent: Dieckgraeff, Gillespie, Mott, Hulm and Neve' Oldow Ainsworth X. NEW BUSINESS: B. City Manager stated staff was not prepared to discuss the proposed television ordinance. He read in full two letters dated August 9, 1976, supporting local television service - one from Margaret Anderson and the second from Edna Weir and Maude Stanton. An unidentified man spoke in support of television but against the current programming being offered and requested Council take action protesting the old programming. Neve', with Council consent, requested that further discussion of the item be held over to the August 23, 1976, meeting. XI. CITY MANAGER REPORTS: A. City Manager reported on the bill earmarking funds for the Whittier boat harbor and stated that funding was not made available for the Seward area. B. City Manager read in full telegram dated July 30, 1976, from Mike Gravel regarding hearings on the hydroelectric power develop- ment in the Upper Susitna Basin. C. City Manager read in full letter dated July 23, 1976, from the Department of Natural Resources, Division of Parks, regarding the Lowell Creek flood control project. 7/26/76 .IS e e CITY OF SEWARD RESOLUTION NO. 955 A RESOLUTION AUTHORIZING SIGNATURES FOR CITY BANK ACCOUNTS AND RESCINDING ALL PREVIOUS RESOLUTIONS IN CONFLICT HEREWITH 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 '::8 ~ k w. /J Cl-u q: L Burton W. Baugh ~ Comptroller City of Seward Accounts: 1. General Fund 2. 1962 Series Water Department Bond Reserve & Redemption Account 3. 1953 Series Water Department Bond Reserve & Redemption Account 4. Electric Department Bond Reserve & Redemption Account 5. 1965 General Obligation Street Improvement Bond and Interest Sinking Fund Account 6. 1976 Small Boat Harbor Improvement General Obligation Bond & Interest Sinking Fund Account (National Bank of Alaska, Anchorage) This Resolution shall take effect on August 9 , 1976. Passed and approved by the City Council of the City of Seward, Alaska, this 9th day of August , 1976. LV,,) ^ ~~~ II, /1/~ Richard A. Neve' Mayor ATTEST: \11 Q,y\,Y\L. C, u4f)Q;y,J(C J nne E. Shanley, Deputy City Clerk - Treasurer .. (City Seal) Received by First National Bank of Anchorage, Seward Branch, this day of , 1976. By: Title: Received by the National Bank of Alaska, Anchorage, Alaska, this day of , 1976. By: Title: ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL - VOLUME 17 PAGE 78 RESOLUTION NO. 956 Whereas, the City of Seward has been deeded tax foreclosed properties from the Kenai Peninsula Borough, and Whereas, the City desires to sell certain tax foreclosed property at a sealed bid sale to be conducted on Monday, August 30, 1976, and Whereas, this property is described as follows: I 1. E 1/2 of Lots 1 & 2, Block 23, Townsite of Seward, Seward Recording District (Tax Parcel No. 148-120-2100) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seward, Alaska, that the City Manager is hereby authorized to offer the above described parcel for sale to the highest bidder at a price not less than the appraised value as determined by the Assessor of the Kenai Peninsula Borough, AND, BE IT FURTHER RESOLVED, that the terms of the sale shall provide for a down payment of 20% of the bid amount and that the balance in full within 90 days after the date of award, AND, BE IT FURTHER RESOLVED, that the parcel offered for sale is subject to repurchase by the record owner up to and including the day of the sale as provided by Sec. 29.53.375 of Alaska Statutes. The effective date of this Resolution is upon its passage and approval. I PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of August, 1976. ~ct-.j~ Ir A~u-f' Richard A. Neve' Mayor ATTEST: . 1/')/ ((; .lu - e CITY OF SI~WARIl, ALASKA RESOLUTION NO. 957 A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE QUALI Fl ED VOTERS OF THE CITY OF SEWARD, ALASKA, THE QUESTION OF W1IETIlER TilE CITY COUNCIL SHOULD ENACT A SALES TAX IN TilE AMOUNT OF TWO PERCENT (2%) ON ALL SALES ALREADY TAXED BY THE KENAI PENINSULA BOROUGH WITHIN THE CITY OF SEWARD, AT AN E1.ECTION TO BF. HELD FOR THAT PURPOSE IN AND FOR THE CITY OF SEWARD, ALASKA, ON OCTOBER 5, 1976 WHEREAS, City Council may by ordinance establish a sales tax of three percent (3%) upon all sales or services taxed by the Kenai Peninsula Borough, 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 dctermine whether the electorate favors the imposition of such a tax; NOW, THEREFORE, THE CITY OF SEWARD RESOLVES: Sect ion 1. That it is hercby ueclarcd 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 tho sarno manner as the Borough sales tax is levied and collected. Section 2. That an election be held for the purpose of submitting such proposition the City of Seward for approval or rejection. in the following form: on Tuesday, October 5, 1976, to the qualified voters of Said proposition shall be PROPOSITION NO. Shall the City Council of the City of Seward enact an ordinance imposing 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 sam.e manner as the Borough sales tax is levied and collected? It is projected that the revenue collected from this sales tax will allow a property tax reduction of two (2) mills for tax year 1977 and an additional two (2) mills in 1978. Section 3. The foregoing proposition shall be printed in full on a ballot which may contain other proposi tions, and thc' following words shall be added below or next to the proposition as appropriate and next to a square provided for marking the ballot: Proposition No. YES /1 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, e~ ~). The election shall be conducted in compliance with the procedures established in Chapter 8 of the Code of Ordinilnces of the City of Seward. e e Section 5. Upon passage of the above proposition, 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 9th day of August , 1976. ~Jl/fr/U~J ichard A. Neve, Mayor ATTEST: (City Seal) e e CI~Y OF SEWARD, ALASKA RESOL\J'l'ION NO. 92JL A RESOLUTION OF THE CITY COIJNCIL OF THE CITY OF SEWARD, ALASKA, RELATING TO BASEBALL PIELDS. WHEREAS, the youth of this city are engaged in baseball activities, and WHEREAS, the fields being used are the property of the City of Seward, and WHEREAS, the Board of Directors of the Senior and Little League desire to insure the present and future use of these sites for the youth of Seward, and WHEREAS, the youth 01' a community is the insurance of its future growth, and WHEREAS, the citizens of this community are responsible for the performance of this program. NOW, ~HEREFORE. BE rr RE,o,OLVED BY THE CT'I'Y COUNCIL OF THE Crrry OF SEWARD, ALASKA, THA'l': The present and continued use of the presently existing baseball fields, located southeast and northeast of the intersection of Fourth Avenue and D Street, for baseball and other park and recreational activities is in the public interest, and that they [,hill I continue to be used for these purposes in the future. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF' SEWARD, ALASKA, this 9th day of August , 1976. CITY OF SEWARD, ALASKA ,(/ Ii By !~/.,~ A,./L~. Richard A. Neve', Mayor ATTEST: ; I \ J Anne Deputy PAGE 79 ,... () , . REGULAR MEETING - AUGUST 9, 1976 VOLUME 17 XI. CITY MANAGER REPORTS: (cont'd) D. City Manager noted a bid proposal had been received from Don Ennis, dated August 6, 1976, for the purchase of Lots 9, 10, 11, 12 and 13; Block 2, Oceanview Subdivision, and, with Council consent, recommended the item be set for public hearing at the August 23 meeting. E. City Manager stated that the "No Camping" signs for the beach area would be in place the coming week. I XII. COUNCIL DISCUSSION: A. Gillespie introduced Larry Potts from Louisiana Pacific and discussed the problem with and possible solutions to the burner. Following discussion, Neve', with Council consent, requested the item be set for further discussion at a future meeting. B. Hulm asked the status of the generator agreement with Louisiana Pacific and City Manager stated negotiations were proceeding. C. Hulm questioned the status of the Chugach Electric contract and City Manager stated it was being discussed. D. Neve' read August 3, 1976, letter received from Ted Stevens thanking him for copies of Council agendas. E. Neve' read August 4, 1976, letter from Mike Gravel regarding the Public Works Employment Act of 1976. He requested that all Council- members read the act, on file in the City Clerk's office. F. scheduled for and the Jesse Neve', with Council consent, requested a study session be Monday, August 16, to discuss the Louisiana Pacific burner Lee Home redevelopment. XIII. CITIZENS' DISCUSSION: I Chris Werner questioned the procedure of reading all the ordinances and resolutions in full when copies were available to the public. XIV. ADJOURNMENT: . The m~~ting was adjourned at 12:05 a.m. :~'"'. ,,;,.'c;~ flJ4J /1- ;l/~r Richard A. Neve' Mayor ,; (Cit1,.?eal) _ ,/ '1'< _"~ ----------------------------------------------------------------------------- REGULAR MEETING - AUGUST 23, 1976 1. CALL TO ORDER: I The regular meeting of the Seward City Council was called to order at 7:32 PM by Acting Mayor Oldow. II. OPENING CEREMONY: Oldow led the Pledge of Allegiance to the flag. I II. ROLL CALL: Present were: Acting Mayor Oldow; Councilmembers Dieckgraeff, Gillespie and Mott (Absent, with Council consent, were Mayor Neve' and Councilmembers Hulm and Ainsworth) Present also: City Manager Filip, City Attorney Jacobus and Deputy City Clerk - Treasurer Shanley ~l PAGE 81 REGULAR MEETING - AUGUST 23, 1976 VOLUME 17 IV. APPROVAL OF MINUTES: It was moved by Mott, seconded by Dieckgraeff and unanimously carried by all those present to approve the Minutes of August 9, 1976, as written. V. APPROVAL OF REGULAR MEETING AGENDA: I City Manager, with Council consent, requested that items B. and C. under New Business be held over until the August 30 meeting. VI. BOROUGH ASSEMBLY REPORT: Oldow gave Borough Assembly report for the meeting of August 16, 1976. VII. PUBLIC HEARINGS: None VIII. BID AWARD: A. Syd Clark, City consulting engineer, distributed to Council documents regarding proposed bid award to Cooper Construction Company for the Jesse Lee Heights water distribution and sewage collection system, and spoke and answered questions on the various bids received. Clark noted the great disparity in the low bid and the next two lowest bids. Bill Renick, representing Cooper Construction, was in the audience but did not comment on the bid. In answer to a question, Clark stated that the contractor had 90 days in which to complete the project but had indicated it would be finished within 75 days. Deputy City Clerk read in full a resolution entitled: I A Resolution Accepting the Bid of Cooper Construction Company and Awarding the Contract for the Jesse Lee Heights Water Distribution and Sewage Collection System To It Following discussion, it was moved by Mott, seconded by Dieckgraeff, and unanimously carried by all those present to adopt Resolution No. 959. (see attached) IX. CITIZENS' DISCUSSION: No one appeared from the audience in order to be heard. X. ORDINANCES AND RESOLUTIONS: A. Ordinances for First Reading: None B. Ordinances for Second Reading: 1. Proposed Ordinance No. 422 was read by title as follows: An Ordinance Repealing and Re-enacting Section 5-42 of the Seward Code, Relating to Transfer of Slip Assignments in Seward Small Boat Harbor I It was moved by Mott, seconded by Dieckgraeff and unanimously carried by all those present to advance the ordinance to its third and final reading. 2. Proposed Ordinance No. 423 was read by title as follows: An Ordinance Repealing and Re-enacting Section 5-80.1 of the Seward Code, Establishing Fees for the Seward Municipal Small Boat Harbor It was moved by Mott, seconded by Gillespie and unanimously carried by all those present to advance the ordinance to its third and final reading. b~ PAGE 82 REGULAR MEETING - AUGUST 23, 1976 VOLUME 17 X. ORDINANCES AND RESOLUTIONS: (cont'd) B. Ordinances for Second Reading: (cont'd) 3. Proposed Ordinance No. 424 was read by title as follows: An Ordinance Repealing and Re-enacting Section 5-80.2 of the Seward Code and Establishing Fees for the Use of the Small Boat Harbor Grid It was moved by Mott, seconded by Dieckgraeff and unanimously carried by all those present to advance the ordinance to its third and final reading. 4. Proposed Ordinance No. 425 was read by title as follows: An Ordinance Creating Chapter 19A, Taxes and Assessments, Article I, Improvement Districts and Assessments, to the Seward City Code It was moved by Mott, seconded by Dieckgraeff and unanimously carried by all those present to advance the ordinance to its third and final reading. C. Resolutions: None XI. UNFINISHED BUSINESS: A. Presentation from John Tetpon, Pacific Rim Native Association, regarding the local youth services center, was cancelled because he was not in attendance. XII. NEW BUSINESS: A. Seward Magistrate Genevieve Schaefermeyer's letter dated August 6, 1976, regarding the existing jail facility was noted and City Manager and City Attorney spoke and answered questions on the funds needed to upgrade the facility. Following discussion, City Manager stated that a meeting would be held with all the parties involved in the near future in order to reach an agreement. B. City Manager, with Council consent, requested discussion on the Lease and Dock License Agreement with the State of Alaska be held over to the August 30 meeting in order that copies could be made available to Council. C. City Manager, with Council consent, requested discussion of the Temporary Use Agreement with Northern Stevedoring and Handling Corporation be held over to the August 30 meeting in order that copies could be made available to Council. XIII. CITY MANAGER REPORTS: A. City Attorney reported on the progress being made with Louisiana Pacific on the generator and stated a memo would be prepared for the August 30 meeting regarding the matter. XIV. COUNCIL DISCUSSION: A. Oldow stated the Borough Assembly had accepted the resigna- tion of Assemblyman Lutz. Following discussion, Oldow, with Council consent, recommended the Council not move to appoint a replacement but rather leave the position vacant until the October 5 election. B. Mott asked about Last Frontier, Inc. presentation and City Manager confirmed it would be on the August 30 Agenda. C. Mott spoke favorably on the Salmon Derby activities. D. Gillespie questioned the lack of correspondence noted on the Agenda and was advised. _.Lm e e CITY OF SEWARD, ALASKA RESOLUTION NO. 959 A RESOLUTION ACCEPTING TilE BID OF COOPER CONSTRUCTION COMPANY, AND AWARDING THE CONTRACT FOR THE JESSE LEE HEIGHTS WATER DISTRIBUTION AND SEWAGE COLLECTION SYSTEM TO IT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The bid of Cooper Construction Company, dated August 12, 1976, in the total amount of Three Hundred Forty Seven Thousand Eight Hundred Sixty Four Dollars and Fifty Cents ($347,864.50), for the construction of the Jesse Lee Heights Water Distribution and Sewage Collection Systems pursuant to the specifications, including addenda numbers One through Four (1-4), is hereby accepted. The contract for the con~truction of this facility is hereby awarded to Cooper Construction. Company. Section 2. This bid acceptance and award of contract 1s made subject to the approval of the United States Government, Department of Commerce, Economic Development Administration. Section 3. The City Manager is authorized and directed to execute the documents necessary to implement this bid acceptance and award of contract. DATED this 23rd day of Augu0t, 1976. CITY OF SEWARD, ALASKA i {( {d: I ' , , .' -~ I . -7 ~'- , Pamela F. OldO\~ - Acting Mayor Ayes: Noes: Absent: Dieckgraeff, Gillespie, Mott and Oldow NONE Ainsworth, Hulm and Neve' ATTEST: APPROVED AS TO FORM: 1//"'- (. oAnne E. Shanley, Deputy: City Clerk - Treasurer " T :! Il I ! i {, \ ! HUGHES, THORSNESS, GANTZ, Attorneys for the City of '1 / POWELL & BRUNDH Seward (City Seal) I J I \ ~,~: 'U(\~ t I'J l. Kfnneth P. ,acobus \ \ ') ~- "J I !> ..1,{ ;.{,' 7 .- \ v , l .,,,,, "'\, J . L' .) 0-> PAGE 83 REGULAR MEETING.- AUGUST 23, 1976 VOLUME 17 XIV. COUNCIL DISCUSSION: (cont'd) E. Dieckgraeff questioned whether the work the Public Works Department was doing in the Jesse Lee Heights Subdivision would be assessed to the individual property owners in that area or if it would be an expense incurred by the entire City. City Manager advised it would probably be an expense of the entire community. I F. John Gillespie asked about the feasibility of having a permanent dust control policy regarding the watering of roads or the possibility of paving them and City Manager advised that he did not know of any Federal funds available for paving of city streets. G. Mott questioned the previous existence of a road which went to the dump without going through Forest Acres Subdivision and City Manager stated he would investigate it. H. City Attorney read in full a Resolution entitled: A Resolution Authorizing Grant Application Jesse Lee Heights Water Distribution and Sewage Collection System Following discussion, it was moved by Mott, seconded by Dieckgraeff and unanimously carried by all those present to adopt Resolution No. 960. (see attached) XV. CITIZENS' DISCUSSION:' No one from the audience appeared in order to be heard. XVI. ADJOURNMENT: , I adjourned at 8:27 PM " ./ .;t / '/ - /-1'a 71~ /. [L:(;; t:.c~ ~ , Pamela F. Oldow Acting Mayor ------------------------------------------------------------------------------- SPECIAL MEETING - AUGUST 30, 1976 I. CALL TO.ORDER: The special meeting of the Seward City Council was called to order at 7:35 p.m. by Mayor Neve'. II. OPENING CEREMONY: I Neve' led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Neve'; Councilmembers Gillespie, Mott and Oldow (Absent, with Council consent, was Councilmember Dieckgraeff; also absent were Councilmembers Ainsworth and Hulm) Present also: City Manager Filip, City Attorney Jacobus and Deputy City Clerk - Treasurer Shanley K4 PAGE 84 SPECIAL MEETING - AUGUST 30, 1976 VOLUME 17 IV. APPROVAL OF MINUTES: It was moved by Mott, seconded by Oldow and unanimously carried by all those present to approve the Minutes of the August 23, 1976, meeting as written. v. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Neve', with Council consent, approved the Consent Calendar items as follows: 1. Letter from Governor Hammond dated August 9, 1976, regarding funds for Whittier Small Boat Harbor improvements was filed. 2. Letter from the Department of Highways' Engineer dated August 13, 1976, regarding signing and striping on the Seward Highway was filed. Neve', requested that the Deputy City Clerk-Treasurer's letter dated August 25, 1976, appear as item B. under XII. Council Discussion. VI. PUBLIC HEARINGS: A. Public Hearing was opened on the proposed sale of Lots 1, 2 and 4, Block 4, Oceanview Subdivision, to Donald Coisman, pursuant to Urban Renewal Project R-21, and "Part 1 - Redeveloper's Statement for Public Disclosure" dated July 28, 1976, was noted. City Manager spoke and answered questions on the bid proceedings and stated the Coisman bid met all the requirements and specifications of the land sale. Coisman appeared and requested Council approval to purchase Lot 3, Block 4, Oceanview Subdivision, at the same price as he had bid for Lots 1 and 2. City Attorney commented on problems with over-the-counter land sales and further stated he was of the opinion that Lot 3 would have to be offered again in a public bid in the same manner as the other parcels sold under the Urban Renewal regula- tions. No one else appeared in order to be heard and the Public Hearing was closed. Following discussion, it was moved by Mott, seconded by Oldow, but later withdrawn, to approve the Coisman bid purchase. City Manager confirmed a Resolution approving the Coisman bid on Lots 1, 2 and 4 would be presented for Council's action at the September 13, 1976, meeting. B. Public Hearing was opened on the proposed lease of Lot 7, Block 1, Marina Subdivision, to John Smith for a motel addition and other marine oriented facilities and Smith's letter dated July 28, 1976, setting forth proposal was noted. Jim McCracken spoke against the proposed lease and made a counter-proposal to build small storage facilities for the boat owners. Dick Erickson spoke on the limited amount of land available in the harbor area and against one individual leasing such a large percentage of the land from the City. Karen Swartz spoke in favor of John Smith's proposal. James Whitethorn commented on the fact that John Smith had made a legal bid and Council should accept or reject the bid on its own merits, not in light of any counter proposal. No one else appeared in order to be heard and the Public Hearing was closed. It was moved by Oldow, but died for lack of a second, to table the item until the September 13 meeting in order that John Smith could be in attendance. It was moved by Mott, but died for lack of a second, to accept the lease bid by John Smith. Following discussion, City Manager confirmed a Resolution approving the Smith bid would be presented for Council's action at the September 13, 1976, meeting. C. Public Hearing was opened on the proposed over-the-counter sale of Lots 9, 10, 11, 12 and 13; Block 4, Oceanview Subdivision, to Don Ennis, pursuant to Urban Renewal Project R-21, at the minimum advertised price and Ennis' letter dated August 6, 1976, setting forth the proposal was noted. James Whitethorn, Don Coisman and Pat Williams spoke against allowing the Ennis over-the-counter purchase when previous requests for similar purchases had been denied. Sharon Ennis spoke in favor of the proposal. No one else appeared in order to be heard and the Public Hearing was closed. Mott, with Council consent, stated Lots 9, 10, 11, 12 and 13, as well as Lot 3, Block 4, Oceanview Subdivision, should be again open for bid on a public sealed bid basis. e e 8/24/76 js ATTACHED TO AND MADE APART OF THE NINUTES OF THE SEHARD CITY COUNCIL - VOLilllE 17 PAGE 83 CITY OF SEHARD, ALASKA RESOLUTION NO. 960 A RESOLUTION AUTHORIZING GRANT APPLICATION JESSE LEE HEIGHTS WATER DISTRIBUTION AND SEHAGE COLLECTION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: ?ection 1. The City of Seward shall apply to the State of Alaska Department of Environmental Conservation for a One Hundred Eighty Thousand, Eight Hundred Twelve Dollars and Fifty Cents ($180,812.50) grant to finance the construction of the Jesse Lee Heights Water Distribution and Sewage Collection System. Section 2. ---~ this application and completion. The City Manager is authorized and directed to execute all documents necessary to process this application to Dated this 23rd day of August, 1976. CITY OF SEWARD, ALASKA ~J""(." I)~.': <<: '. . / .,r , c( " ['/1--; ; Pamela F. Oldow - Acting Mayor Ayes: Dieckgraeff, Gillespie, Mott and Oldow Noes: NONE Absent:Ainsworth, Hulm and Neve' ATTEST: ') 'I ( ;" }-w/{ ; /, I"'';: ~1"'h_-~ / \.. t~ '_ j JoAnne E. Shanley, Deputy ~ City Clerk - Treasurer (City Seal) L' - (""\. ) PAGE 85 SPECIAL MEETING - AUGUST 30, 1976 VOLUME 17 VII. CITIZENS' DISCUSSION: Harley Zimmerman stated a seven man committee had been appointed to represent the residents to the North of the City limits in discussions with the City Council regarding annexation proposals. Following discussion, a meeting was scheduled for September 9, at 7:30 p.m. in the Council Chambers. VIII. ORDINANCES AND RESOLUTIONS: A. Ordinances for First Reading: None I B. Ordinances for Second Reading: None C. Resolutions: 1. Proposed Resolution No. 953 regarding annexation was read by title as follows: I A Resolution of the City Council of the City of Seward, Alaska, Declaring that the Annexation of 21,760 Acres Situated Within All of Protracted Sections 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, Township 1 South, Range 1 West, Seward Meridian; and All of Protracted Sections 1, 2, 3, 4, Township 2 South, Range 1 West, Seward Meridian; and All of Pro- tracted Sections 19, 20, 21, 28, 29, 30, 31, 32, 33, Township 1 South, Range 1 East, Seward Meridian; and All of Pro- tracted Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, Township 2 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 It was moved by Mott, seconded by Oldow and unanimously carried by all those present to adopt Resolution No. 953. (see attached) 2. Neve', with Council consent, requested proposed Resolution No. 954 be tabled until the September 13 meeting in order that input could be received from discussion at the meeting scheduled for September 9. IX. UNFINISHED BUSINESS: I A. City Manager read in full his memo dated August 30, 1976, regarding Louisiana-Pacific (LP) payments for generation equipment and recommended Council approve the application of current and future utility charges incurred by LP be credited to any subsequently agreed upon reimburse- ment for the acquisition of the generation equipment. Larry Potts appeared and stated the interim measure was agreeable but questioned the effective date. City Manager confirmed if Council approved the recommendation the measure would become effective with the current electrical billing. Following discussion, it was moved by Mott, seconded by Oldow and unanimously carried by all those present to approve the recommendation as set forth in the City Manager's memo of August 30, 1976, regarding LP payments for generation equipment. X. NEW BUSINESS: A. "Lease and Dock License Agreement" between the City of Seward and the State of Alaska for the Fourth Avenue Dock facility was noted. Following discussion, it was moved by Mott, seconded by Oldow and unanimously carried by all those present to table action on the Agreement until the September 13 meeting. (Sf; PAGE 86 SPECIAL MEETING - AUGUST 30, 1976 VOLUME 17 X. NEW BUSINESS: (cont'd) B. "Temporary Use Agreement" between the City of Seward and Northern Stevedoring and Handling Corporation (NSHC) for the use of Tracts 5 and 6, City of Seward Waterfront Tracts, was noted. Gale Shingleton of NSHC appeared and spoke and answered questions on storage in the area. Following discussion, it was moved by Oldow, seconded by Gillespie and unanimously carried by all those present to accept the Temporary Use Agree- ment with NSHC. C. "Dock License Agreement" between the City of Seward and Northern Stevedoring and Handling Corporation (NSHC) for the use of Tracts 3 and 4, City of Seward Waterfront Tracts, was noted. It was moved by Oldow, but died for lack of a second, to table action on the item until the September 13 meeting. It was moved by Oldow, seconded by Mott and unanimously carried by all those present to accept the Dock License Agreement with NSHC. D. Deputy City Clerk-Treasurer's memo dated August 25, 1976, recommending a year's lease of the Xerox 4000 copy machine was noted. Following discussion, it was moved by Oldow, seconded by Mott and unanimously carried by all those present to approve the Deputy City Clerk's recommendation. XI. CITY MANAGER'S REPORTS: A. City Manager stated an appointment had to be made to fill the vacant position on the Harbor Commission and requested Council be prepared to make the appointment at the September 13 meeting. B. City Manager's lettersof July 1 and August 11, 1976, and Alaskan Barge & Salvage, Inc's letter of August 27, 1976, regarding payment of grid fees were noted. City Manager recommended Council extend the time for payment to October 31, 1976. Following discussion, Oldow, with Council consent, stated the request for extension should be denied and directed the City Manager to inform Mrs. McDonald that payment was due immediately. C. "City of Seward, Alaska, Claim for Damage" form dated August 30, 1976, received from Raymond J. Doyle was noted and City Manager spoke and answered questions on the electric department's appraisal of the incident and recommended the City pay half of the damage claimed, or $28. City Attorney stated that the City was admitting no guilt or negligence even though the administration made a partial payment recommendation. Council stated they would support the City Manager's recommendation but voiced concern over the position that on one hand the City was paying for half the damage but on the other hand it was stating that no guilt was admitted by the payment. D. City Manager stated a representative of Channel 7 would be coming to Seward on September 13 regarding possible television transmission to the Seward area. E. City Manager read in full his memo dated August 30, 1976, reporting on the alternate dump road and recommended the upgrading of the previously existing road not take place at this time. F. City Manager requested Council take action on September 13 to designate two local couples to represent the City in Houston, Texas, at the request of Dresser Industries. G. City Manager reported on a meeting with the Alaska Railroad regarding its parcel of land near the Small Boat Harbor area. Mott requested the City Manager forward the information obtained to Representative Young and Senators Gravel and Stevens. H. City Manager spoke on the Public Works Employment Act of 1976 and the funds made available through the act for local public works projects. Following discussion, Neve' requested the subject be discussed at the September 9 study session following the annexation discussion. Following discussion, Neve', with Council consent, directed the City Manager to place a notice in the local newspaper on September 2 and 9 requesting citizen's response to a special committee to investigate the use of such funds. , e e ee CITY OF SEWARD, ALASKA RESOLUTION NO. 953 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DECLARING THAT THE ANNEXATION OF 21,760 ACRES SITUATED WITHIN ALL OF PROTRACTED SECTIONS 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST, SEWARD MERIDIAN; AND ALL OF PROTRACTED SECTIONS 1, 2, 3, 4, TOWNSHIP 2 SOUTH, RANGE 1 WEST, SEWARD MERIDIAN; AND ALL OF PROTRACTED SECTIONS 19, 20, 21, 28, 29, 30, 31, 32, 33, TOWNSHIP 1 SOUTH, RANGE 1 EAST, SEWARD MERIDIAN; AND ALL OF PROTRACTED SECTIONS 4, 5, 6, 7, 8, 9, 16, 17, 18, TOWNSHIP 2 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 WHEREAS, the City Council of the City of Seward, Alaska, has considered the question of the annexation of 21,760 acres situated within all of protracted Sections 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, Township 1 South, Range 1 West, Seward Meridian; and all of protracted Sections 1, 2, 3, 4, Township 2 South, Range 1 West, Seward Meridian; and all of protracted Sec- tions 19, 20, 21, 28, 29, 30, 31, 32, 33, Township 1 South, Range 1 East, Seward Meridian; and all of protracted Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, Township 2 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, and WHEREAS, the City has made provision for differential tax zones in the newly annexed areas, so that residents of these areas will be taxed only for services which they receive. 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 21,760 acres situated within all of protracted Sections 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, Township 1 South, Range 1 West, Seward Meridian; and all of protracted Sections 1, 2, 3, 4, Township 2 South, Range 1 West, Seward Meridian; and all of protracted Sections 19, 20, 21, 28, 29, 30, 31, 32, 33, Township 1 South, Range 1 East, Seward Meridian; and all of protracted Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, Township 2 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. \0.' -. e e ee PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 30th day of August , 1976. CITY OF SEWARD, ALASKA By ~,,-JA <(I/~;- R chard A. Neve', Mayor AYES: NOES: ABSENT: GILLESPIE, MOTT, NEVE' AND OLDOW NONE AINSWORTH, DIECKGRAEFF AND HULM - Treas rer & Brundin j -2- ~7 PAGE 87 SPECIAL MEETING - AUGUST 30, 1976 VOLUME 17 RECESS: The meeting was recessed at 8:55 p.m.; reconvened at 9:10 p.m. XII. COUNCIL DISCUSSION: I A. Representatives of Last Frontier, Inc. appeared in order to discuss the Jesse Lee Home redevelopment project. Bernard P. Matthey, major stockholder in the firm, introduced the accompanying stockholders and gave a summary presentation of the corporation's plans to start work within two weeks if they could obtain a building permit from the City. Matthey assured the Council that funding for the construction of a hotel facility had been assured through Arctic First Federal Savings and Loan Association and stated the firm planned to have the hotel ready for occupancy by the summer of 1977 if construction could begin immediately. Dave Coulson, secretary-treasurer for the organization, spoke on the hotel concept and stated the firm was open to suggestions for other uses of the land. Gene Kizer, architect for the project, stated the building plans were 95 percent complete and had been submitted to the City Engineer for his approval. In answer to a question by Neve', Matthey confirmed that Coulson would be the organization's spokesman to the City of Seward. In answer to a request from Council, Matthey stated he would have Arctic First Federal confirm to the City that funding for the project was available. Mott requested that the corporation send a copy of all correspondence to the City Attorney with a copy to the City Manager and it was confirmed it would be done. Following discussion, Neve', with Council consent, stated a decision would not be made until September 13 in order that a full Council could be present. B. Deputy City Clerk-Treasurer read in full her memo dated August 25, 1976, regarding the enforcement of the Agenda closing deadline. Following discussion, Oldow, with Council consent, stated the deadline should be enforced and requested the Deputy Clerk call the City Attorney on the Wednesday preceding the meetings in order that he would be aware of the Agenda items. I C. Gillespie stated the grading work being done for the Jesse Lee Heights Subdivision water and sewer facilities had uncovered some graves and, following discussion, with Council consent, requested that the water line be located on the far west side of the easement in order to allow the furthest distance possible from the cemetery. XIII. CITIZENS' DISCUSSION: A. asked if the the contract Karen Swartz questioned parcel involved could be prohibited subdivision. the Last Frontier, Inc. project and subdivided and City Attorney confirmed B. Mrs. Kerns voiced concern over the need for a location for a community center and Coulson stated Last Frontier, Inc. would be willing to assist Mrs. Kerns in obtaining land for that purpose. C. Paul Seaton spoke on the continual delays of Last Frontier and possible ways to control future delays of the same nature. D. Larry Potts questioned the zoning in the Jesse Lee Home area and City Manager confirmed it was zoned limited commercial. Potts voiced concern over expansive development in that area because of the nearby schools. XIV. ADJOURNMENT: I ../, I L~ '. . The meet~g was adjourned at 10:25 p.m. ," ~~'2 . c ->'- .'. ~ \ f\ , i.J ~~~,,"'-' t' '~~h2~"'-\Jl~ J~. 1ne E. Shanley, Deputt ]' Cf1:Y Clerk-Treasurer ; ~\jJA,;1/~ Richard A. Neve' Mayor (City Seal) KK PAGE 88 REGULAR MEETING - SEPTEMBER 13, 1976 VOLUME 17 1. CALL TO ORDER: The regular meeting of the Seward City Council was called to order at 7:33 p.m. by Mayor Neve'. II. OPENING CEREMONY: Oldow led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Neve'; Councilmembers Dieckgraeff, Gillespie, Hulm, Mott and Oldow (Absent was Ainsworth) Present also: City Manager Filip and Deputy City ClerkTreasurer Shanley (Absent was City Attorney Jacobus) IV. APPROVAL OF MINUTES: The August 30 minutes were presented for approval. Gillespie questioned B. under Public Hearings and stated it was his opinion the Smith hearing had been tabled, in order to be continued at a later meeting when John Smith could be present to answer questions. Following discussion, it was moved by Oldow, seconded by Hulm and carried as follows to approve the minutes of August 30, 1976, as written: Ayes: Noes: Absent: Abstain: Hulm, Mott, Neve' and Oldow Gillespie Ainsworth Dieckgraeff V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: It was moved by Oldow, seconded by Mott and unanimously carried by all those present to approve the consent calendar as presented and the following action was taken: State Department of Highways' letter dated August 31, 1976, approving designating 3rd Avenue as the truck route, was filed and the Public Works department was directed to remove the signs on 7th Avenue. State Department of Highways' letter dated August 31, 1976, explaining the no-passing zone striping on the Seward and Sterling Highways was filed. State Department of Environmental Conservation's letter of September 7, 1976, supporting Jesse Lee Heights water and sewerage systems grant request was filed. City Attorney's letter of September 3, 1976, transmitting petition for annexation (South portion) filed with the Local Boundary Commission, was noted and the Deputy City Clerk was directed to keep the documents available for public review. North Pacific Rim Native Corporation's letter dated August 30, 1976, regarding the local youth services center was filed. The following changes were made in the regular Agenda: Inn Seward (Last Frontier, Inc.) request was moved from Unfinished Business (X. B.) to Public Hearings (VII. A.) Resolution No. 954 (IX. D. 1.) was continued to the next regular meeting Lease and Dock License Agreement with the State (X. A.) was continued until a State response could be received . ~ ~) PAGE 89 REGULAR MEETING-SEPTEMBER 13, 1976 VOLUME 17 v. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) Following discussion, it was moved by Oldow, seconded by Mott and carried as follows to approve the regular Agenda as amended: Ayes: Noes: Absent: Dieckgraeff, Hulm, Mott, Neve' and Oldow Gillespie Ainsworth VI. BOROUGH ASSEMBLY REPORT: I Oldow stated she would have a report for the next regular meeting. VII. PUBLIC HEARINGS: I A. (Taken out of order by Mayor, with Council consent.) John Eddy, representing Inn Seward, spoke and answered questions on the corporation's plans for the Jesse Lee Home redevelopment project and possible financing. Eddy requested Council approve the issuance of a building permit, contingent upon the firm obtaining the necessary financing and, in answer to a question, stated the hotel would be open for occupancy within two years. Neve' suggested Council approve issuance of a building permit if: 1) financing was obtained within four weeks; and 2) if the financing was not available in that time frame, the firm would then sell Jesse Lee Home to the City for the original purchase price. Jim Shepard and Paul Seaton spoke on the need for the City to oversee the project closely and to set a completion date. In answer to a question, City Engineer Lowman stated he had not yet received the specifications.for the project. Don Border of Great Western Contractors, contractor for the project, spoke and answered questions on the construction of the hotel. Beverly Dunham stated the project should be completed in less than two years since the contractor had stated work could continue throughout the winter season. Bruce Sieminski stated the Council should be more concerned with the amount of money the City had lost because of the delay instead of the firm's investment in the project. Oscar Watsjold spoke in support of approving the building permit provided financing was obtained and plans and specifi- cations were approved within four days. Following discussion, it was moved by Neve', but later withdrawn, to allow the building permit contingent upon: 1) financial backing assured, in written form, from Mr. Wilmouth of Arctic First Federal Savings and Loan; and, 2) building specifications be received and approved by the City Engineer within three days. Following discussion, Neve', with Council consent, confirmed to the City Manager that a building permit could be issued after the City Engineer had approved the plans and specifications and financial backing had been assured by a letter from Mr. Wilmouth. Mott, with Council consent, stated the Council would have to decide if the firm was in default at the next regular meeting if the conditions had not been met by that time. Border asked if Council approved of Arctic First Federal handling the loan for the corporation and there was no objection voiced. B. Public Hearing was opened on the proposed sale of the East one-half of Lots 1 and 2, Block 23, Original Townsite, to Jim McCracken. City Manager explained the sale was tax foreclosed property and that the purchaser planned to rehabilitate the single family dwelling. No one appeared in order to be heard and the public hearing was closed. City Manager confirmed a resolution approving the sale would be presented at the next regular meeting for Council action. I VIII. CITIZENS' DISCUSSION: Paul Seaton voiced objection to the provlslon in Ordinance No. 422 allowing for the transfer of slip assignments with the sale of a vessel. Pat Williams, an unidentified man and Oscar Bailey also spoke on the transfer provision. Ben Suddath spoke against vessels rafting up to moored boats but not being required to pay part of the slip fee. Bailey spoke against the provision in Ordinance No. 423 forcing vessel owners to hook up to electricity but supported moving vessels which did not use electricity out of the slips which had the service available. ~u PAGE 90 REGULAR MEETING - SEPTEMBER 13, 1976 VOLUME 17 IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for First Reading: None B. Ordinances for Second Reading: None C. Ordinances for Third Reading and Adoption: 1. City Manager stated due to the comments on Ordinance No. 422 he would review it again and, with Council consent, requested action on the ordinance be postponed until the October 11 meeting. In answer to a request from Gillespie, City Manager confirmed the Ordinance would again be presented to the Harbor Commission at its meeting of September 22. 2. It was moved by Oldow, seconded by Mott, and unanimously carried by all those present to adopt Ordinance No. 423 entitled: (see attached) An Ordinance Repealing and Re-enacting Section 5-80.1 of the Seward Code, Establishing Fees for the Seward Municipal Small Boat Harbor 3. It was moved by Oldow, seconded by Mott, and unanimously carried by all those present to adopt Ordinance No. 424 entitled: (see attached) An Ordinance Repealing and Re-enacting Section 5~80.2 of the Seward Code and Establishing Fees for the Use of the Small Boat Harbor Grid 4. It was moved by Mott, seconded by Oldow and unanimously carried by all those present to adopt Ordinance No. 425 entitled: (see attached) An Ordinance Creating Chapter 19A, Taxes and Assessments, Article I, Improvement Districts and Assessments, to the Seward City Code D. Resolutions: 1. Neve', with Council consent, continued proposed Resolution No. 954 regarding annexation to the next regular meeting. 2. It was moved by Mott, seconded by Oldow and unanimously carried by all those present to adopt Resolution No. 961 entitled: (see attached) A Resolution Accepting the Bid of Donald Coisman for the Purchase of Certain R21 Urban Renewal Property 3. City Manager stated the proposed Resolution approving lease of Lot 7, Block 1, Marina Subdivision, to John Smith had not yet been received from the City Attorney and suggested the following motion: The City Council of the City of Seward authorizes lease of Lot 7, Block 1, Marina Subdivision, for the purpose of constructing a hotel addition and offices. It is found to be in the public interest and the City Manager and City Attorney are authorized and directed to prepare the lease of the property to John Smith and bring it back to Council for final approval. 9-1-76 js ATTACHED TO AND MAA PART OF THE m~Ul'ES OF TilE .....\RD CITY COUNCIL - PAGE 90 .. . VOLUME 17 CITY OF SEWARD, ALASKA RESOLUTION NO. 961 1 A RESOLUTION ACCEPTING THE BID OF DONALD COISMAN FOR THE PURCHASE OF CERTAIN R-21 URBAN RENEWAL PROPERTY WHEREAS, the Seward City Council feels that it is in the public interest to accept the bid of DONALD COIS~UL~ for the purchase of Lots 1, 2 and 4, Block 4, Oceanview Subdivision, at the total price of Twenty Four Thousand Nine Hundred Fifty Dollars ($24,950); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The bid of DONALD COIS~~N is hereby accepted, and the City Manager is authorized and directed to execute the necessary documents to process the sale of this property in accord with the Ordinances of the City of Seward, Alaska, and the requirements of the United States Department of Housing and Urban Development. Section 2. This resolution shall become effective thirty (30) days after adoption, passage and posting, in accordance with Section 2-81 through 2-85 of the Seward City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 13th day of September, 1976. CITY OF SEWARD, ALASKA /! . ,. IL~/d-t/:' /7_ A/x, --tJr Richard A. Neve', Mayor Ayes: Noes: Absent: DIECKGRAEFF, GILLESPIE, HULM, MOTT, NEVE' AND OLDOH NONE AINSWORTH ATTEST: APPROVED AS TO FORM: -') /7 ,'" l L - L I',' "'--_ (. ,,,:;\J)l~ n,L, I ,JoAnne E. Shanley, Deputy.' City Clerk-Treasurer ~ HUGHES, THORSNESS, GANTZ, POHELL & BRUNDIN Attorneys for the City of Seward (City Seal) Kenneth P. Jacobus ~) 1 PAGE 91 REGULAR MEETING - SEPTEMBER 13, 1976 VOLUME 17 IX. ORDINANCES AND RESOLUTIONS: (cont'd) D. Resolutions: (cont I d) I Gillespie voiced objection to the last parcel of land in the harbor area being used for a motel addition and offices. In answer to a question, Smith confirmed he would construct 25 motel units as well as offices and would present the plans to the proper authorities before any construction was initiated. It was moved by Mott, seconded by Hulm and carried as follows to approve the City Manager's suggested motion: Ayes: Noes: Absent: Dieckgraeff, Oldow, Hulm, Mott and Neve' Gillespie Ainsworth X. UNFINISHED BUSINESS: A. Department of Public Works' letter of September 2, 1976, and attached Lease and Dock License Agreement with the State of Alaska were noted. City Manager, with Council consent, requested action on the agreement be postponed until more information could be compiled per the State's request. XI. NEW BUSINESS: A. State Department of Highways' letter dated August 20, 1976, regarding roads and trails funding priorities was noted. City Manager stated the administration's priority was sealcoating of the streets. City Engineer Lowman spoke and answered questions on the slurry seal delay and stated more funding would be available in 1977, at which time the project was scheduled for completion. Oldow requested City Engineer contact Don Gilman of the Borough regarding available funding and Lowman confirmed he would do so. I B. State Department of Highways' letter dated July 23, 1976, regarding traffic control devices Construction and Maintenance Agreement was noted. Following discussion, it was moved by Mott, seconded by Dieckgraeff and unanimously carried by all those present to accept the Construction and Maintenance Agreement with the State Highway Department. XII. CITY MANAGER'S REPORTS: A. City Manager spoke and answered questions on Chugach Electric Association, Inc's letter dated October 29, 1975, and attached Agreement for the Sale of Wholesale Power. Following discussion, Neve', with Council consent, scheduled a study session for Thursday, September 16, 1976, in order for Council to review the Agreement in depth. B. City Manager distributed the U.S. Department of Commerce, Economic Development Administration's letter of September 9, 1976, and attached Local Public Works Capital Development and Investment Program Application and stated the City Engineer would be handling the request for funds. C. City Manager distributed letter dated September 10, 1976, from John W. Hoogland of Legion/Pioneer Cab, requesting permission to increase the taxicab rates, effective September 15, 1976. No objection to the increase was voiced. I XIII. COUNCIL DISCUSSION: A. Neve' read in full Alaskan Barge of September 7, 1976, requesting extension for Oldow, with Council consent, stated she had no being granted to November 8, 1976. & Salvage, Inc's letter payment of grid fee. objection to the extension U',,) . J "-' PAGE 92 REGULAR MEETING - SEPTEMBER 13, 1976 VOLUME 17 XIII. COUNCIL DISCUSSION: (cont'd) B. Neve' read in full Raymond J. Doyle's letter dated September 8, 1976, requesting payment of claim in the amount of $56 due to an electrical wire failure outside his residence. Following discussion, it was moved by Mott, seconded by Hulm and carried as follows to direct the City Manager to reaffirm to Mr. Doyle the $28 payment as offered by the Council at its August 30 meeting: Ayes: Noes: Absent: Oldow, Hulm, Mott and Neve' Dieckgraeff and Gillespie Ainsworth C. Neve' read in full September 3, 1976, letter from Marv F. Mardock requesting consideration as Harbor Commissioner. Oscar Bailey stated he was interested if another vacancy occurred. It was moved by Mott, seconded by Hulm and unanimously carried by all those present to appoint Marv Mardock to the Harbor Commission. D. Neve' noted at the September 9 study session Council had discussed the appointment of four representatives of the City to travel to Houston per Dresser Industries' request. Following discussion, it was moved by Oldow, seconded by Hulm and unanimously carried by all those present to appoint Brent Whitmore, Pat Williams and Bob and Joanne McCabe as the City's representatives. It was noted that Mayor and Mrs. Neve' had also been invited and departure was tentatively scheduled for October 18. E. Oldow asked Neve' to contact Joseph Richards, who had recently run from Anchorage to Seward, and ask him to be the City's guest at a Chamber of Commerce luncheon. F. Mott stated a bond issue would be on the ballot this fall which, if approved, would clear the way for development of Caines Head state park and commented on possible funds available for parks within the City. G. Dieckgraeff stated one Public Works employee should concentrate on grading the roads before the ground froze. H. Hulm requested the City Manager write a letter to Thomas Kleppe, for Council's signatures, supporting his accelerated leasing program of the Outer Continental Shelf. City Manager confirmed the letter would be written and presented for signatures at the September 16 study session. 22 at the impact on I. Neve' commented on the seminar to be held September 20- elementary school regarding Outer Continental Shelf development the City. XIV. CITIZENS' DISCUSSION: A. Beverly Dunham noted an article had appeared in the Anchorage Times in which Exxon stated they favored Seward as a port for their activities in the Gulf of Alaska. B. Bruce Sieminski, Pat Williams and Beverly Dunham stated the Council should take a firm stand on the Jesse Lee Home redevelopment project and Sieminski further stated the City should initiate default proceedings. XV. adjourned at 10:02 PM. (0" (. r./ jZ ~ ~j I( 7/k/ ichard A. Neve' Mayor ( )') , .) PAGE 93 sr~~IAL MEETING - OCTOBER 4, 1976 VOLUME 17 I. CALL TO ORDER: The special meeting of the Seward City Council was called to order at 7:35 p.m. by Acting Mayor Bernard Hulm. II. OPENING CEREMONY: Councilman Dieckgraeff led the pledge of allegiance to the flag. I III. ROLL CALL: ,'. > Present were: Acting Mayor Hulm; Councilmembers Dieckgraeff, Gillespie and Mott (Absent, wi~h. Council consent, were Mayor Neve' and Councilmemb~r Oldow; absent also was Councilmember Ainsworth) Present also: Acting City Manager Baugh and Deputy City Clerk- Treasurer Shanley IV. APPROVAL OF MINUTES: It was moved by Mott, seconded by Dieckgraeff and unanimously carried by all those present to approve the minutes of September 13, 1976, as written. V. APPROVAL OF SPECIAL MEETING AGENDA: It was moved by Mott, seconded by Dieckgraeff and unanimously carried by all those present to approve the agenda as presented. VI. CITIZENS' DISCUSSION: I Penny Hardy spoke against the passage of Resolution No. 953 regarding annexation of the Lowell Point/Caines Head area and stated the issue should have been given more publicity. Hulm spoke on the previously held hearings on the proposed annexation. Hardy stated the landowners in the area were strongly opposed to annexation and further commented on the City's lack of maintenance of Lowell Point Road. Following discussion, Deputy City Clerk confirmed she would notify Hardy of the Local Boundary Commission hearings, when scheduled. Laura Straley spoke against the Comptroller's notice distributed with the utility bills stating a postmark would no longer be accepted as timely payment of a utility bill. Comptroller Baugh spoke and answered questions on the current billing problems. Hulm, with Council consent, directed the Deputy City Clerk to schedule the subject for the next Council agenda. VII. ORDINANCES AND RESOLUTIONS: A. Ordinances: None B. Resolutions: 1. Acting City Manager read in full proposed resolution entitled: I A Resolution Accepting the Bid of John Smith for the Lease of Lot 7, Block 1, Marina Subdivision John Gillespie stated that even though he opposed granting the lease he would cast an affirmative vote because the two absent Councilmembers supported the lease. Following discussion, it was moved by Mott, seconded by Dieckgraeff and unanimously carried by all those present to adopt Resolution No. 962. (see attached) VIII. UNFINISHED BUSINESS: None ~)4 PAGE 94 SPECIAL MEETING - OCTOBER 4, 1976 VOLUME 17 IX. NEW BUSINESS: A. Acting City Manager read in full proposed resolution entitled: A Resolution Authorizing the Extension of the Lease with John Smith of Lot Eight (8), Block One (1), Marina Subdivision In answer to a question from Mott, Smith explained tha~ the 14 month extension was needed to meet his loan requirements and'further stated the City administration was made aware of this requirement a year ago and spoke against the excessive time involved"~n approving the extension. Following discussion, it was moved by Mott, sec.onded by Dieckgraeff and unanimously carried by all those present to adopt Resolut.ion No. 963.. (see attached) X.. CITY MANAGER REPORTS: A. Acting City Manager Baugh stated he and the City Engineer would travel to Soldotna and Kenai on October 5 in order to investigate available funds for community planning. XI. COUNCIL DISCUSSION: A. Mott spoke on Deputy City Clerk's memo dated September 25, 1976, regarding the delays in John Smith's proposed lease of Lot 7, Block 1, Marina Subdivision. Hulm requested the City Attorney investigate the amendment of the City ordinance, deleting the 30-day posting period. B. Deputy City Clerk distributed letter dated October 4, 1976, from Patricia R. Williams, declining the trip to Houston at the request of Dresser Industries, and, with Council consent, stated the matter would be scheduled for the October 11 meeting in order to appoint a replacement. C. Deputy City Clerk questioned when Council wanted to schedule the canvass of the October 5 election. Following discussion, Hulm, with Council consent, stated the Council would meet to canvass the votes at 7:30 p.m. on Wednesday, October 6, in the Council Chambers. XII. CITIZENS' DISCUSSION: Paul Seaton asked the outcome of Councilmember Dieckgraeff's September 13 direction to the Public Works Department to intensify grading of the streets and Mott stated the work was being done. Bruce Sieminski questioned the status of the Jesse Lee Home redevelopment project and Hulm stated the City Engineer had received information that financing had been obtained for the project. adjourned at 8:37 p.m. r:g~a0c~~ Vice Mayor 9/27/76 js e e CITY OF SEWARD, ALASKA RESOLUTION NO. 962 A RESOLUTION ACCEPTING THE BID OF JOHN SMITH FOR THE LEASE OF LOT 7, BLOCK 1, MARINA SUBDIVISION WHEREAS, the Seward City Council finds that it is in the public interest to accept the bid of JOHN SMITH for the lease of Lot 7, Block 1, Marina Subdivision, with an annual ground rental fee of Two Thousand Nine Hundred Thirty Two Dollars and No Cents, ($2,932.00) and any rent adjust- ment as set forth in Lease, hereinafter referred to as Exhibit A; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The bid of John Smith to lease Lot 7, Block 1, . Marina Subdivision for the purpose of constructing a motel addition and offices is hereby accepted and the City Manager is authorized and directed to execute Exhibit A, providing for the lease of said property for a period of thirty (30) years. Section 2. This resolution shall become effective thirty (30) days after adoption, passage and posting, in accordance with Section 2-81 through 2-85 of the Seward City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 4th day of October, 1976. U/ffU Ayes: Noes: Absent: DIECKGRAEFF, GILLESPIE, MOTT NONE AINSWORTH, NEVE', AND OLDOW AND HULM ATTEST: APPROVED AS TO FORM: . ) I . I.c/ ' JoAnne E. Shanley, Deputy City Clerk - Treasurer 1-'" _' \.y. >1',.. . HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward ) Kenneth P. Jacobus (City Seal) (See Marina Subdivision file for lease) 10-5-76 e e CITY OF SEHARD, ALASKA RESOLUTION NO. 963 A RESOLUTION AUTHORIZING THE EXTENSION OF THE LEASE HITH JOHN SMITH OF LOT EIGHT (8), BLOCK ONE (1), MARINA SUBDIVISION WHEREAS, the Seward City Council finds that it is in the public interest to extend the lease of Lot Eight (8), Block One (1), Marina Subdivision, for an additional period of fourteen (14) months; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The lease extension attached to this resolution is hereby approved, and the City Manager is authorized and directed to execute it. Section 2. This resolution shall become effective immediately upon passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 4th day of October, 1976. Ayes: Noes: Absent: DIECKGRAEFF, GILLESPIE, MOTT AND HULM NONE AINSHORTH, OLDOW AND NEVE' ATTEST: APPROVED AS TO FORM: ~'l c (, t ; /,- ", ( . ,: [ 1"(, .J( 'if , , ,,~ '- <} " JoAnne E. Shanley, Deputy City Clerk-Treasurer . r" (,. \ ,A J HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward (City Seal) Kenneth P. Jacobus (See Marina Subdivision for lease extension) ~}5 PAGE 25 SPECIAL MEETING - OCTOBER 6, 1976 VOLUME 17 I. CALL TO ORDER: Mayor Neve' called the special meeting of the City Council to order at 7:35 PM. II. OPENING CEREMONY: I Neve' led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Neve'; Councilmembers Dieckgraeff, Gillespie, and Mott (Absent, with Council consent, were Council- members Oldow and Hulm; also absent was Councilmember Ainsworth) Present also: Acting City Manager Baugh; Deputy City Clerk- Treasurer Shanley and City Manager's secretary Mardock IV. CANVASS OF OCTOBER 5 ELECTION: Neve' read in full Section 8-32. Same--Canvass; tie votes; record. and in part Section 8-33. Contest of election. of the Seward City Code. Deputy City Clerk stated 26 valid requests were received for absentee ballots ad 24 ballots had been returned in time for canvassing, checked as to similarity of signature on request and returned envelope, and, with Council consent, recommended all the returned absentee ballots be counted. Neve' proceeded to open and read aloud the votes; Deputy City Clerk and City Manager's secretary tallied the votes; Gillespie and Dieckgraeff checked the ballots; Mott, Acting City Manager and David Moore from KRXA radio observed the procedure. I Deputy City Clerk stated no spoiled or defective ballots had been received from the precincts. Two questioned ballots from Precinct #2 and five from Precinct #1 were presented for Council decision as to count or reject. After explanation from Deputy City Clerk as to residency requirements, it was moved by Gillespie, seconded by Dieckgraeff and unanimously carried by all those present to count the questioned ballots from Precinct #2 (Jerry Virchow and Barbara Lapworth). After explanation from Deputy City Clerk as to reasons for questioning, it was moved by Gillespie, seconded by Dieckgraeff and unanimously carried by all those present to count the questioned ballots from Precinct #1 (Donald L. Mai, Thomas Carney, Robert Orlando, Dan Carney and Keith Macik). Tallies were compared and the following was approved as the official results of the October 5, 1976, Seward General Municipal Election: CITY COUNCIL PRECINCT PRECINCT ABSENTEE AND TOTAL ONE YEAR TERM 111 #2 QUESTIONED BALLOTS RAYMOND L. HUGLI 114 207 29 350 Frank Dieckgraeff 1 1 0 2 Pat Williams 3 3 0 6 Bernie Hulm 4 4 0 8 Dale Clemens 1 0 0 1 I Brent Whitmore 1 0 0 1 Ruth McHenry 0 1 0 1 Gene Skinner 0 1 0 1 Christine Werner 0 1 0 1 L. Straley 0 1 0 1 Don Ennis 0 1 0 1 ~)() PAGE 96 SPECIAL MEETING - OCTOBER 6, 1976 VOLUME 17 BOROUGH ASSEMBLY PRECINCT PRECINCT ABSENTEE AND TOTAL TWO YEAR TERM ill il2 QUESTIONED BALLOTS DON McCLOUD 80 151 13 244 Willard Dunham 64 93 17 174 Boots Anderson 0 1 0 1 Bernie Hulm 0 2 0 2 Mark Walker 0 1 0 1 CITY COUNCIL TWO YEAR TERM JAMES MARTIN 80 135 19 234 ROBERT MOTT 81 143 18 242 WM. VINCENT 81 133 10 224 C. Keith Campbell 71 111 18 200 James Lawson 41 79 6 126 Paul K. Seaton 60 113 13 186 Robert Valdetta 1 0 0 1 John Gillespie 1 0 0 1 Ruth McHenry 0 2 0 2 Barry Hildebrand 0 1 0 1 Dennis Kowalski 0 1 0 1 PROPOSITION NO. 1 NO 84 146 16 246 Yes 49 102 12 163 TOTAL VOTES CAST AND COUNTED - 452 It was noted that Raymond L. Hugli was elected to the one year term on the City Council; James Martin, Robert Mott and William Vincent were elected to fill the two year terms on the Council; Don McCloud was elected to represent the City on the Borough Assembly; and, Proposition No.1 (2% sales tax) was defeated. IV. ADJOURMENT : was adjourned at 8:26 PM. (J - j 0 If /. / / 'u_./~c~ (,<, {; JU....{J Richard A. Neve' Mayor I I I ().- . i PAGE 97 REGULAR MEETING - OCTOBER 11, 1976 VOLUME 17 I. CALL TO ORDER: The regular meeting of the Seward City Council was called to order at 7:33 PM by Mayor Neve'. II. OPENING CEREMONY: Neve' led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Neve'; Councilmembers Gillespie, Hulm and Mott (Absent, with Council consent, were Dieckgraeff and Oldow; also absent was Councilmember Ainsworth) Present also: City Manager Filip, City Attorney Jacobus and Deputy City Clerk-Treasurer Shanley IV. APPROVAL OF MINUTES: Hulm requested the following amendment on page 93, VI. Citizens' Discussion, paragraph one, second sentence: "Hulm spoke on the previously held hearings on the proposed annexation, reminding Mrs. Hardy that her remarks indicated a 160 degree turn around, that no objection had been previously stated and the record would prove that. II Following discussion, it was moved by Gillespie, seconded by Mott and unanimously carried by all those present to approve the Minutes of October 4 and 6, 1976, as written, noting the above addition. V. SEATING OF NEW COUNCILMEMBERS - INTRODUCTION OF JUNIOR MAYOR: Neve' publicly thanked Hulm for the nine years of dedicated service he had displayed while serving as Councilmember and stated a special ceremony would be scheduled in the near future to honor Hulm. Hulm spoke briefly on his service and stepped down from the dais; applause followed. New Council- members James Martin, Raymond Hugli, William Vincent and Robert Mott took the oath of office and were seated at the dais and thereafter took part in the meeting. Junior Mayor Mary Straley was introduced and seated. VI. APPROVAL OF REGULAR MEETING AGENDA: Neve', with Council consent, continued the following Agenda items to a later date: X. Ordinances and Resolutions: A. 1. (Ordinance No. 422) B. 1. (Resolution No. 954) City Manager, with Council consent, added the following Agenda items: VIII. Public Hearings: A. Presentation regarding public television service by Frank Mengle of KAKM TV, Channel 7 XII. New Business: C. Interim financing authorization for payment to Cooper Construction Company It was moved by Mott, seconded by Vincent and unanimously carried by all those present to approve the regulaE Agenda as amended. VII. BOROUGH ASSEMBLY REPORT: None H~ PAGE 98 REGULAR MEETING - OCTOBER 11, 1976 VOLUME 17 VIII. PUBLIC HEARINGS: A. Frank Mengle, representing KAKM TV, Channel 7, Anchorage, spoke and answered questions on the feasibility of Seward receiving public television broadcasting via translator and drew a graph explaining the system. Mengle stated all the equipment for the mini-TV station and five hours of programming per day would be offered free of charge; the City would have to cover the costs of an operator and space for the equipment. In answer to a question from Laura Straley, Mengle stated the reception would be limited to a few miles. Beverly Dunham asked about the cost of additional programming over and above the five hours and Mengle stated the costs would be approximately $5 - $6 per hour for additional programs. Gillespie asked if there was a time limit on the Council making a decision and Mengle stated the Council did not have to make an immediate decision but if the station was approved, it would take approximately six months before it would be operational. Karen Swartz stated with the institution of this program it might be possible to establish a TV repairman in the area who might also operate the station. Following discussion, Neve', with Council consent, directed the City Manager to discuss further the feasibility of mini-TV with Mengle and make a recommendation to Council at a later date. IX. CITIZENS' DISCUSSION: Larry Potts of Louisiana Pacific spoke and answered questions on the temporary mill closure and voiced objection to the City administration's attitude that the mill was the cause of the low voltage problem being experienced by the utility. In answer to a question from Karen Swartz, Potts stated the mill employed 45 people from the area and that the impact of the closure would also be felt by supporting services. Neve' requested a meeting with Potts and the Borough Mayor to see if something could be done regarding the problems with the Alaska Railroad. Potts agreed to meet with the two Mayors and further stated the company was discussing the closure with Senator Stevens' office. Carl Norman appeared and stated he was in the process of negotiating the purchase of the Flamingo Lounge and requested Council withdraw its objection to reissuance of the liquor license, as voiced to the Alcoholic Beverage Commission. Following discussion, it was moved by Gillespie, seconded by Martin and unanimously carried by all those present to withdraw the objection to the reissuance of renewal of the Flamingo Lounge's liquor license, provided that a transfer of ownership was completed. City Manager confirmed he would direct a letter to the Alcoholic Beverage Control Board, asking that the City be forwarded all information regarding the Lounge's operation. X. ORDINANCES AND RESOLUTIONS: A. Ordinances for First Reading: 1. Neve', with Council consent, continued discussion of Ordinance No. 422 regarding the transfer of slip assignments in the Small Boat Harbor until the City Attorney had the opportunity to respond to the Harbor Commission's concerns. B. Resolutions: 1. Neve', with Council consent, continued discussion of Resolution No. 954 regarding annexation of the North portion until the new Councilmembers had the opportunity to review the issue. 2. A resolution providing for the purchase of the East one/half of Lots 1 and 2, Block 23, Original Townsite, at a total price of $6285 was noted by title as follows: A Resolution Accepting the Bid of James E. McCracken for the Purchase of Certain Tax Foreclosed Property City Manager stated the Kenai Peninsula Borough had no objections to the existing structure being rehabilitated. It was moved by Mott, seconded by Gillespie and unanimously carried by all those present to adopt Resolution No. 964. (see attached) 9/20/76 11m e e CITY OF SEWARD, ALASKA RESOLUTION NO. 964 A RESOLUTION ACCEPTING THE BID ~C ;; A'.:ES E. McCRACKEN FOR THE PURCHASE e::: CERTAIN TAX FORECLOSED PROPERTY I ~\~~~EAS, the Seward City Council feels that it is in the public iJl:e~est to accept the bid of James E. McCracken for the purchase of the East One/Half of Lots I and 2, Block 23, Original Townsite of Seward, at the total price of Six Thousand Two Hundred Eighty Five Dollars ($6,285.00); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The bid of James E. McCracken is hereby accepted, and the City Manager is authorized and directed to execute the necessary documents to process the sale of this, property in accord with the Ordinances of the City of Seward, Alaska. Section 2. This resolution shall become effective thirty (30) days after adoption, passage and posting, in accord- ance with Section 2-81 through 2-85 of the Seward City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 11th day of October, 1976. CITY OF SEWARD, ALASKA I M~(J A. ;V~r Richard A. Neve', Mayor Ayes: Noes: Absent: ATTEST: APPROVED AS TO FORM: ( ,J1o,,-I-Jf~,'1t oAnne E. Shanley, Depu~ City Clerk-Treasurer HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward (City Seal) Kenneth P. Jacobus I I I Dn PAGE 99 REGULAR MEETING - OCTOBER 11, 1976 VOLUME 17 XI. UNFINISHED BUSINESS: A. John Eddy, representing Inn Seward, spoke and answered questions on the firms' financing for the Jesse Lee Home redevelopment project. City Manager read in full letter dated October 11, 1976, from James Wilmoth, Vice President, Arctic First Federal Savings and Loan Association, stating the institution would finance ten percent of the project and Cascade Savings & Loan had voiced an interest in committing funds, only as available, for the first quarter of 1977. City Manager and City Attorney spoke and answered questions on the project and, in response to a question from Vincent, City Attorney stated it was his recommendation that the City should delay default proceedings in order to see if financing could be obtained. In answer to a question from Vincent on employment for the project, Eddy confirmed the contract contained a local hire clause. XII. NEW BUSINESS: A. "Application for Permit for Authorized Games of Chance and Skill", undated, submitted by the Seward Women's Bowling Associatio~was noted for a $100 bill raffle with the proceeds to be divided equally between the Association and the American Cancer Society. It was moved by Mott, seconded by Hugli and unanimously carried by all those present to approve the application. B. Brynhild Stringer's letter dated October 5, 1976, regarding in- adequate street lighting between the harbor area and Van Buren street was noted. Mrs. Stringer stated that some lights had been placed in the area but were not working and that more lights were needed. In response to a question from Mott, City Manager stated he would have the cost figures for the next Council meeting on installing additional lighting. Vincent stated the patrolman should take note of burned out lights during night patrols and inform the electric department. City Manager stated he would write a memo to that effect. C. City Manager spoke on the need for interim financing for payment of $135,022.50 to Cooper Construction Company for partial payment of work already completed. In answer to a question, City Manager explained the needed funds were in a Certificate of Deposit which did not mature until November 15 and the City would have to pay a penalty if it drew out the funds in advance of that date. Following discussion, it was moved by Mott, seconded by Martin and unanimously carried by all those present to authorize the City Manager to obtain interim financing in the amount of $135,000.00 through First National Bank at 5~ percent interest and that the debt incurred be paid back from the proceeds of the Certificate of Deposit immediately upon maturity of the note. XIII. CITY MANAGER REPORTS: A. City Manager stated he would have a report and recommendation at the next Council meeting regarding the City's purchase of treasury bills in order to obtain a higher rate of interest. XIV. COUNCIL DISCUSSION: A. John Gillespie commended the performance of the Deputy City Clerk-Treasurer and made a motion to promote her to City Clerk-Treasurer immediately. Mott seconded the motion. Deputy City Clerk stated her probationary period extended until December 16 and stated she would like the opportunity to meet with Council in executive session to discuss salary before accepting the promotion. Hugli stated he would like to evaluate the Deputy Clerks' performance before voting on the issue. City Manager stated a 10 percent increase had been guaranteed as of January 1, 1977, and that the Deputy Clerks' salary would have to be considered in light of the budget and other employees. Deputy Clerk stated the increase she would be asking for did not exceed that amount advertised as being the starting salary for the position and, therefore, assumed the funds had been budgeted. Following discussion, the motion and second were withdrawn until the matter could be discussed further between the Council and Deputy Clerk. B. Gillespie requested an executive session immediately following the regular meeting Agenda regarding the City's legal counsel. C. Mott asked the status of the electrical contract and City Manager stated he was attending a meeting Wednesday, October 13, regarding the subject and would report on the discussion at a later date. 100 PAGE 100 REGULAR MEETING - OCTOBER 11, 1976 VOLUME 17 XIV. COUNCIL DISCUSSION: (cont'd) D. Mott asked when the quarterly budget report would be completed and Comptroller Baugh stated the auditors still had the books but expected to have the report ready for submission to Council in November. E. Neve' stated he had received a report that a police dispatcher had been notified of an accident involving Boots Anderson but the request for assistance had been refused. Neve' requested Chief Bencardino be notified and a report be submitted on the incident. F. Neve' asked Deputy City Clerk if it was the Magistrate's responsibility to handle absentee ballots for State elections and Deputy Clerk confirmed this was the case but she had handled the August ballots because of the Magistrate's refusal to do so. Neve' directed the Deputy Clerk not to assist in this regard in the future. G. Comptroller Baugh spoke and answered questions on the "Important Dated Notice" sent out with the utility billings and stated he was trying to reduce costs. Paul Seaton suggested the cutoff notice be combined with the following month's billing in order that an additional billing would not be necessary. Following discussion, it was moved by Neve', seconded by Vincent and unanimously carried by all those present to remove paragraph 2. of the notice and reinstitute the issuance of cutoff notices. H. Patricia R. Williams' letter dated October 4, 1976, declining the invitation to travel to Houston per Dresser Industries request, was noted and Neve' submitted the name of Mrs. Karen Swartz as Williams' replacement. Following discussion, it was moved by Mott, seconded by Gillespie and unanimously carried by all those present to appoint Mrs. Karen Swartz to travel to Houston. I. Neve', with Council consent, scheduled a study session for Thursday, October 14, 1976, at 7:30 PM in the Council Chambers. XV. CITIZENS' DISCUSSION: Paul Seaton questioned the shooting of guns in the dump area and requested Council make a formal statement opposing the action and further commented on the availability of a designated shooting range through the Forest Service. Following discussion, Gillespie, with Council consent, stated a public notice should be published and posted, stating shooting in the dump area is prohibited and violators will be held responsible for any damage and/ or liability due to their actions. Laura Straley asked that the administration inform the Department of Fish and Game of the orphaned bear wandering in the area of the Recreation Camp. Bernard Hulm stated that even though he was no longer a Councilmember he planned to keep informed of Council actions and asked if he could keep his nameplate. Neve' stated he would be presented the nameplate at a later date. Laura Straley requested Council consider establishing a citizens' committee to assist in preparation of the Budget for the coming fiscal year. Neve' stated the recommendation would be discussed further. Executive Session: Executive session was held from 10:03 PM to 11:57 PM in order to discuss personnel matters and the City's finances. XVI. ADJOURNMENT: The meeting was adjourned at 11:57 PM. ~~ N1:e~ ~ Mayor 101 PAGE 101 REGULAR MEETING - OCTOBER 26, 1976 VOLUME 17 I. CALL TO ORDER: The regular meeting of the Seward City Council was called to order at 7:38 p.m. by Mayor Neve'. II. OPENING CEREMONY: I Junior Mayor Straley led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Neve'; Councilmembers Gillespie, Hugli, Martin, Mott and Vincent (Absent, with Council consent, was 01dow) Present also: City Manager Filip; Junior Mayor Straley and Deputy City Clerk-Treasurer Shanley IV. APPROVAL OF MINUTES: It was moved by Neve', seconded by Hugli and unanimously carried by all those present to approve the Minutes of October 11, 1976, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: City Manager, with Council consent, requested that IX. Ordinances and Resolutions: A. 3. regarding proposed garbage ordinance be continued to the next regular meeting and added the subjects of the Reynolds' encroachment and high school plan check fee as items C. and D. respectively under XI. New Business. Following discussion, it was moved by Mott, seconded by Vincent and unanimously carried by all those present to approve the consent calendar as presented and the regular agenda as revised. I VI. BOROUGH ASSEMBLY REPORT: None VII. PUBLIC HEARINGS: A. Public Hearing was opened on the urban renewal project R-21 bid proposals for the purchase of Lots 9, 10, 11, 12 and 13, Block 2, and Lot 3, Block 4, Oceanview Subdivision and the following items were noted: "Offer to Purchase Redevelopment Sites R-21, Seward" and attached "Part 1 Redeveloper's Statement for Public Disclosure" dated October 8, 1976, from Don Ennis d/b/a Enco, offering a total price of $27,505 ($5,501 per lot) for Lots 9-13, Block 2 "Offer to Purchase Redevelopment Sites R-21, Seward" and attached "Part 1 Redeveloper's Statement for Public Disclosure" and "Proposal - The Renovators" dated October 12, 1976, from Mike Irick d/b/a Renovators, offering $4,600 each for Lots 12 and 13, Block 2 and $6,500 for Lot 3, Block 4 I "Offer to Purchase Redevelopment Sites R-21, Seward" and attached "Part 1 Redeveloper's Statement for Public Disclosure" dated October 14, 1976, from Don Coisman, offering $6,675 for Lot 3, Block 4 City Manager spoke and answered questions on the bid opening held October 14, 1976, at 10 a.m. and stated the apparent high bidders were Coisman on Lot 3, Block 4 and Ennis on Lots 9-13, Block 2. No one appeared from the audience in order to be heard and the Public Hearing was closed. Following discussion, City Manager stated resolutions would be prepared accepting the Coisman and Ennis bids and presented for Council action at the November 8 meeting. lU~ PAGE 102 REGULAR MEETING - OCTOBER 26, 1976 VOLUME 17 VIII. CITIZENS' DISCUSSION: Bob and Joanne McCabe submitted letter dated October 26, 1976, expressing appreciation for being selected to represent Seward in Texas, at the request of Dresser Industries. The McCabes and Karen Swartz spoke and answered questions on the trip and spoke favorable of the Dresser/ Magcobar operation. Swartz stated a series of articles would be presented in the Phoenix Log, giving information obtained on the visit. McCabe commended the Mayor on the excellent manner in which he represented Seward. Joanne McCabe stated she was surprised with how much information the various oil companies and service support industries had compiled on the Seward area. John Smith appeared and stated due to certain loan stipulations involving the financing for his motel addition, a 10 year lease extension on Lot 3, Block 1, Marina Subdivision, was required in order that the lease expired at the same time as his lease on Lots 7 and 8 in the same block. After City Manager explained the procedures to be followed with such a request, Smith stated he understood a public hearing was required but asked the individual Councilmembers' unofficial support of the proposed extension in order that he could proceed with the financing in the interim. Pat Williams voiced concern over other leaseholders in the Marina Subdivision asking for similar consideration if Smith's request was honored. Bernard Hulm, Karen Swartz, Martin Goresen and Oscar Bailey spoke in support of the Council granting the extension. Paul Seaton asked if the City land leases were periodically revised to reflect the fair market value of the property. City Manager responded that escalations were made every five years although the increases were not based on appraisals because of the cost involved and further stated it had been his past policy to escalate based on a five percent rental increase per year. Following discussion, Neve', with Council consent, stated the body had to wait for the public hearing and could not give a favorable response to Smith's request at the time. Paul Seaton appeared and stated there might be a possibility that KRXA radio would volunteer to operate and monitor the equipment for the proposed public television station and asked the subject be investigated further. City Manager stated librarian Deck had been contacted and it appeared the library board might agree to operate the equipment as well as schedule the programming. Edward Zimmerman submitted petition bearing 162 signatures requesting " . . a more lenient enforcement of the 35 mile per hour speed limit between the A. F. Rec. Camp and the lagoon. Our recommendations are that a warning light be placed upon these signs to identify them, we also recommend that the people already cited be given there (sic) points back." Zimmerman also stated a police car was noticed driving around town without tail lights. He further stated various police patrolmen were committing a Federal violation by spinning brodies on the airport runway and continued to do so after repeated warnings. Following discussion, Neve' called for a meeting of Council with Police Chief Bencardino. Pat Williams appeared and spoke against Little Bear Lake as a possible site for a gun range because the only access was over private property. She also stated it would be a hazardous area for shooting because of the various activities in the area. Neve' commented on the problem of vandals shooting the caterpillar at the dump site. Fred Moore and Martin Goresen spoke in support of the bunker at the dump being kept open as a shooting range. Paul Seaton spoke on available special use permits obtainable through the Forest Service for designated gun range areas. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for First Reading: 1. Letter dated October 1, 1976, from City Attorney Jacobus regarding provisions of proposed Planning and Zoning Commission and collection of refuse and garbage ordinances was noted. Deputy City Clerk-Treasurer read in full an ordinance entitled: An Ordinance Repealing and Re-Enacting Section 2-68 of the Seward City Code Relating to Meetings and Authority of the City Planning and Zoning Commission I I I 1 (\.:) ~ u,J PAGE 103 REGULAR MEETING - OCTOBER 26, 1976 VOLUME 17 IX. ORDINANCES AND RESOLUTIONS: (cont'd) A. Ordinances for First Reading: (cont'd) Following discussion, it was moved by Mott, seconded by Hugli and unanimously carried by all those present to pass Ordinance No. 426 to second reading. 2. Letter dated October 18, 1976, from City Attorney Jacobus regarding provision of proposed Harbor Commission ordinance was noted and Deputy City Clerk-Treasurer read in full an ordinance entitled: An Ordinance Repealing and Re-Enacting Section 5-3 of the Seward City Code Relating to the Harbor Commission, its Membership, and Operations Oscar Bailey asked for a definition of the phrase "Seward area" as used in the ordinance and City Manager stated people outside the City limits were allowed to serve on the Commission. Following discussion, it was moved by Hugli, seconded by Martin and unanimously carried by all those present to pass Ordinance No. 427 to second reading. 3. City Manager, with Council consent, continued the proposed collection of refuse and garbage ordinance to the next regular meeting. B. Resolutions: None X. UNFINISHED BUSINESS: A. Letter dated October 11, 1976, from Arctic First Federal Savings and Loan Association, regarding financing for the Jesse Lee Home redevelopment project was noted. City Manager read in full letter dated October 25, 1976, from City Attorney Jacobus stating financing had not yet been assured the developer, Inn Seward, Inc. for the project. The letter further gave City Attorney's recommendation for Council to continue to wait to see if financing could be obtained. Gillespie questioned why the contract had not been written up in the form of a Deed of Trust because of the easier foreclosure proceedings involved and requested a recess in order that a telephone call could be placed to Jacobus to answer the question on the provisions of the contract. Recess: The meeting was recessed from 9:15 p.m. to 9:30 p.m. Gillespie stated City Attorney explained the agreement with Last Frontier, Inc./ Inn Seward, Inc. was a sale of land with a right of reversion attached and foreclosure proceedings were similar to a land contract; therefore, more difficult that foreclosure proceedings under a Deed of Trust. City Manager, in answer to a question regarding foreclosure, stated a problem might exist because of costly legal expenses. Neve' directed the City Manager to inform the City Attorney that an injunction should be issued prohibiting Inn Seward, Inc. from selling out to another firm until after the foreclosure issue was resolved. Following discussion, it was moved by Neve', seconded by Hugli and unanimously carried by all those present to direct the City Attorney to institute foreclosure proceedings immediately. Gillespie requested attorney Gantz represent the City during the impending court case against Inn Seward. XI. NEW BUSINESS: A. City Manager stated American Motors had cancelled their lease agreement with the City to furnish two police vehicles at $187.15 per month but that Polar American Inc. had recently agreed to furnish the vehicles at an additional cost of $5 per vehicle per month and, with Council consent, stated the revised lease agreement would be handled administratively. B. Quarterly budget report for first fiscal quarter ending September 30, 1976, for the Seward Electric System and General Fund was presented. Gillespie pointed out the City Attorney had only approximately $3500 left in his budget and questioned from where the additional funds would come. Hugli stated he had heard a lot of dissatisfaction voiced about the City Attorney and stated proposals should be requested from other legal counsels. 104 PAGE 104 REGULAR MEETING - OCTOBER 26, 1976 VOLUME 17 XI. NEW BUSINESS: (cont'd) Vincent stated the Small Boat Harbor was to be a separate fund and asked why the money had been comingled with the General Fund and City Manager answered the accountants recommended the City eliminate separate accounts. Mott questioned why no campground fees were listed and Comptroller Baugh stated no funds had been received. Neve' directed the City Manager to forward a letter to the Fish House, the agent collecting the fees on behalf of the City, informing them that submittal of the funds were due immediately. Gillespie recommended in the future such collections be coordinated with the canine officer's duties. Mott and Hugli stated any budgetary changes or additions should be brought before Council for approval. Vincent stated the City Manager and Comptroller were charged with the responsibility to make sure the various departments operated within the budget set by Council. Harbor Commissioner Mardock stated there seemed to be a lack of cooperative communication between the Commissioners and harbor employees and stated such problems as lack of collected fees from campers and trailers, need for a new radio, electrical problems, etc. could be solved more effectively with cooperation between the two. Paul Seaton stated the employees of the harbor did not feel free to attend the Harbor Commission meetings; therefore, many times the Commission acted with little or no background informa- tion. Neve' directed the City Manager to clarify to the harbor employees that although the Commissioners could not direct them to do anything, the employees should speak openly with them. C. The following items were noted as to encroachment onto City property at Lot 6, Block 7, Federal Addition: City Engineer's letter dated October 7, 1976, regarding the City's unwillingness to relinquish any property rights Acting City Manager's letter dated October 21, 1976, stating a recommendation would be made to Council on October 26 Shirley Reynolds and Karen Swartz spoke on the structure in question. Following discussion, it was moved by Mott, seconded by Hugli and unanimously carried by all those present to direct the City Attorney to draw up an agreement stating the City would not take action against the encroachment for the life of the loan or for the useable life of the structure, whichever terminated first. D. City Manager read in full memo from City Engineer Lowman dated October 5, 1976, regarding building permit and plan check fee in the amount of $3361.75 for construction of the new high school. City Manager further noted a letter had been received from the Borough Mayor objecting to the plan check fee. Vincent asked if a similar fee was charged for construction of the elementary school and City Manager stated at that period in time the administration had not been as insistent on such matters. Neve' asked if the contractor, architect or Borough was assessed the fee and City Manager stated he did not know. Following discussion, Neve', with Council consent, stated the fee would not be collected if the Borough was responsible for the payment; however, if the contractor or architect was responsible the City should press for payment of the fee. XII. CITY MANAGER REPORTS: A. City Manager read in full letter from City Attorney Jacobus dated October 25, 1976, recommending against the City seeking ownership and operation of the airport. Edward.Zimmerman stated he also felt the airport operation was too expensive for the City to undertake. Following discussion, City Manager, with Council consent, stated he would withdraw the statement of interest previously submitted to the State Division of Aviation. I I I 10;") PAGE 105 REGULAR MEETING - OCTOBER 26, 1976 VOLUME 17 XII. CITY MANAGER REPORTS: (cont'd) B. City Manager noted letter from Magistrate Schaefermeyer dated October 20, 1976, submitting her resignation effective November 2, 1976. Pat Williams requested Council send her a letter thanking her for her service to the community. C. Shell Oil Company letter dated September 29, 1976, was noted and City Manager read in full attached "First Supplement to Notice of Support Activity for the Exploration Program of Shell Oil Company Et Al 9/29/76". XIII. COUNCIL DISCUSSION: A. Neve' stated a meeting was scheduled Friday morning, October 29, in Anchorage at which time the Alaska Railroad, Pacific Alaska Lines and Alyeska Pipeline Company would discuss a joint venture regarding retrograde shipments. He further stated representatives from the Chamber of Commerce, longshoremen's union and Council would attend and asked if another Councilmember wanted to accompany him. Harbor Commissioner Mardock asked if a member of the Commission could attend and Neve' confirmed it was acceptable. B. Neve' commented on letter dated October 19, 1976, from the State Department of Environmental Conservation regarding a public hearing on November 3, 1976, at 1:00 p.m. in the Council chambers to discuss proposed drinking water regulations and asked what the hearing involved. City Manager stated standards for monitoring requirements for the water system would be discussed. C. Neve' noted letter dated October 19, 1976, from the U.S. Department of the Interior responding to Council's support of the accelerated leasing program of the Outer Continental Shelf. D. Neve' commented on letter he had received dated September 30, 1976, from Senator Gravel regarding continued revenue sharing programs for municipalities and stated the letter would be on file in the Deputy City Clerk's office. E. Neve' noted letter dated October, 1976, from U.S. Office of the Secretary of the Treasury and attached "Antirecession Fiscal Assistance to State and Local Governments Interim Regulations" and stated the letter would be on file in the Deputy City Clerk's office. F. Neve' commented on letter dated October 1, 1976, from Kenai Peninsula Borough Associate Planner Waits and attached, in part, "Potential Impact of OCS Development on Seward: An Initial Evaluation." G. It was noted Neve' and Mott would be representing the Council at the 26th Annual Local Government Conference in Fairbanks from November 4-6, 1976. H. Hugli asked if any of the information on the electrical system projections as requested at Council's work session on October 14, had been compiled and City Manager stated it was no longer economically feasible to operate the generator. Hugli stated the question was whether the City wanted to continue operating the utility or sell it and requested figures on the pro- jected income for the next ten years as compared to the cost of upkeep on the system for the same period of time. I. Hugli asked the status of the Dresser contract and City Manager stated the City Attorney was still reviewing the document. J. Mott commented on the City Manager's recent illness. K. Gillespie requested consent calendar items be posted on the City Hall bulletin board for the public's perusal and Deputy City Clerk confirmed this would be done. L. Vincent questioned the number of 30 foot lots in the City and stated with the housing shortage there had been comments about allowing trailer houses on the lots. Gillespie stated he would not support such a proposal and City Manager stated such use of the lots might increase the City's fire insurance premiums. 10() PAGE 106 REGULAR MEETING - OCTOBER 26, 1976 VOLUME 17 XIII. COUNCIL DISCUSSION: (cont'd) M. Vincent suggested the City request all oil companies and support service industries interested in locating in the Seward area meet with Council to discuss possible future development and the City's capabilities and limita- tions in servicing these industries. N. Vincent, with Council consent, asked that a survey ballot be presented to the registered voters in the City on November 2, asking if they supported the City's North and South portion annexation efforts. Hugli stated the Council should set forth publicly a clear annexation proposal for publication prior to the survey. Karen Swartz spoke on the qualify of life the people outside the City enjoyed and stated that quality would be lessened if large industries came into the area. Fred Moore suggested a radio debate between representatives of the people outside the City and the Council and Neve' agreed to the proposal. Pat Williams and Oscar Bailey spoke on the lack of information submitted by the oil companies on their plans for development in the Seward area. XIV. CITIZENS' DISCUSSION: Oscar Bailey asked the jursidiction of the Harbor Commission and City Manager and Harbor Commissioner Mardock explained. Mardock further stated the need for designated anchorages in the Bay. Evelyn Moore spoke against the City encouraging the oil companies to come to Seward and Neve' explained that the Council would only encourage those companies which would be beneficial to the economy without harming the environment. Bailey requested any information the Council received on industries planning to locate outside the City limits. Paul Seaton suggested Counci~ present the annexation proposals by listing the benefits and drawbacks as they concern the citizens within the City limits. Linda Mardock asked if Council was going to issue a policy statement requ1r1ng all budget expenditures which exceeded the set budget be submitted to Council for approval prior to the expenditure and Neve' confirmed that was the Council's intent. Linda Mardock asked if it would be appropriate for Council to require department heads to be present at Council meetings in order to answer questions pertaining to a particular department which the City Manager might not be able to answer. Neve' stated department heads should be present if an item concerning them appeared on the agenda. City Manager stated a problem might arise because many line supervisors received overtime. Mardock stated if the City Engineer and Harbor Master would have been present that evening a lot of time would have been saved in trying to get responses to Council's questions. Mardock further asked if information was available on how other City's handled this matter. Gillespie stated the department heads should be interested enough to attend if something on the agenda concerned them, and especially when the budget was being reviewed. Penny Hardy stated the addition to the Anderson dock on Lowell Point road was extending onto the present roadway and questioned why it was allowed to do so. Deputy City Clerk explained that Anderson had appeared before the Planning and Zoning Commission at its October 13 meeting and requested permission to encroach onto the present roadway if he cleared away the slide area on the opposite side of the road. The Commission directed the Building Inspector to issue a building permit with the stipulation that the roadway after construction would be the same width as it was before construction. Gillespie stated he felt the Commission had acted hastily and further stated the possibility of a State easement should have been researched before the construction was allowed. Neve' stated if the construction extended onto State property the Commission had no authority to grant the building permit. Neve', with Council consent, directed the City Engineer to investigate the situation. Paul Seaton stated that differential rates for water service should be established in view of the possibility that oil companies would be coming to Seward for service and would be requiring large supplies of water. I I I 107 PAGE 107 REGULAR MEETING - OCTOBER 26, 1976 VOLUME 17 XIV. CITIZENS' DISCUSSION: Paul Seaton asked if the City Attorney's signature under the heading "Approved as to Form" on legal documents relieved him from the responsibility of making sure the contents of the documents were legally binding and correct. Paul Seaton questioned the legality of the City Manager and Deputy City Clerk-Treasurer receiving cost of living adjustments as set forth in the Alaska Public Employees' Association contract since they were not members of APEA and commented on the conflict of interest involved with the City Manager bargaining for his own salary increase as tied to the other employees under AP Or Sf 11/ ",--\ .. .",~, "". . "? L\ ." . ~:'i' " 'h ,'.rO r:- (.., .~. v'.",\...' '.....'.' \ 'j '. I' . '" ~ ~::r . , ~/{t4,~( If. (V~,,~ Richard A. Neve' Mayor PAGE 107 REGULAR MEETING - NOVEMBER 8, 1976 VOLUME 17 1. CALL TO ORDER: The regular meeting of the Seward City Council was called to order at 7:40 p.m. by Mayor Neve'. II. OPENING CEREMONY: Councilmember Oldow led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Neve'; Councilmembers Gillespie, Hugli, Martin, Mott, Oldow and Vincent Present also: City Manager Filip and Deputy City Clerk-Treasurer Shanley (Absent were City Attorney Jacobus and Junior Mayor Straley) IV. APPROVAL OF MINUTES: It was moved by Mott, seconded by Gillespie and unanimously carried to approve the minutes of October 26, 1976, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: Neve' added presentation by Mark Kazazean of the Prince William Sound Aquaculture Corporation as XI. New Business D. Neve', with Council consent, approved the regular agenda as amended and the consent calendar as presented and the following actions were taken: 1. City Manager was authorized to execute Supplement No. 1 to the contract with the Alaska Railroad regarding the City's construction of a power line at Milepost 25. 2. Exxon's letter dated October 28, 1976, and attached "Notice of Support Activity for the Exploration Program" in the Gulf of Alaska was filed. 3. The Department of Community and Regional Affairs' letter dated October 25, 1976, transmitting draft Rules and Regulations for implementation of the Coastal Energy Impact Program was noted and a study session was scheduled for November 15 in order to discuss the document. lOt) PAGE 108 REGULAR MEETING - NOVEMBER 8, 1976 VOLUME 17 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd) 4. The Department of Community and Regional Affairs' letter dated October 29, 1976, transmitting Outer Continental Shelf Management Study Summary was noted and a tentative meeting with the Council, Harbor Commission and Planning and Zoning Commission was scheduled for November 17 to meet with representatives of the department. VI. BOROUGH ASSEMBLY REPORT: Oldow gave Borough Assembly report for November 2, 1976. VII. PUBLIC HEARINGS: A. Public Hearing was opened on John Smith's request for a lease extension on Lot 3, Block 1, Marina Subdivision. City Manager recommended Council grant the extension requested by Smith. Smith appeared and explained the lease extension from 1997 to 2006 on Lot 3 would conform to the expira- tion dates on Lots 7 and 8 in the same block, as required by the financial institution involved with the loan for his motel. No one else appeared in order to be heard and the public hearing was closed. City Manager confirmed the lease extension would be drawn and presented for Council action at the next meeting. VIII. CITIZENS' DISCUSSION: In answer to a question from Willard Midby, Neve' stated Council had not received any further information on the possibility of two new banks coming into the Seward area. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for First Reading: 1. Deputy City Clerk read in full proposed refuse ordinance entitled: An Ordinance Repealing and Re-Enacting Section 12-14 of the Seward City Code Relating to Collection of Refuse and Garbage City Engineer spoke and answered questions on the need for clarification of garbage can placement. Following discussion, it was moved by Mott, seconded by Hugli and unanimously carried to pass Ordinance No. 428 to second reading. B. Ordinances for Second Reading: 1. Deputy City Clerk read by title proposed Planning and Zoning Commission ordinance as follows: An Ordinance Repealing and Re-Enacting Section 2-68 of the Seward City Code Relating to Meetings and Authority of the City Planning and Zoning Commission It was moved by Mott, seconded by Martin and unanimously carried to pass Ordinance No. 426 to final reading. 2. Deputy City Clerk read by title proposed Harbor Commission ordinance as follows: An Ordinance Repealing and Re-Enacting Section 5-3 of the Seward City Code Relating to the Harbor Commission, its Membership, and Operations It was moved by Hugli, seconded by Oldow and unanimously carried to pass Ordinance No. 427 to final reading. I I I PAGE 109 1 ()!) VOLUME 17 REGULAR MEETING - NOVEMBER 8, 1976 IX. ORDINANCES AND RESOLUTIONS: (cont'd) C. Resolutions: 1. Deputy City Clerk read in full proposed resolution for the sale of Lot 3, Block 4, Oceanview Subdivision, at a price of $6,675, entitled: A Resolution Accepting the Bid of Donald Coisman for the Purchase of Certain R-21 Urban Renewal Property It was moved by Mott, seconded by Gillespie and unanimously carried to adopt Resolution No. 965. (see attached) 2. Deputy City Clerk read in full proposed resolution for the sale of Lots 9, 10, 11, 12 and 13, Block 2, Oceanview Subdivision, at a total price of $27,505, entitled: A Resolution Accepting the Bid of Don Ennis d/b/a Enco for the Purchase of Certain R-21 Urban Renewal Property It was move~ by Oldow, seconded by Hugli and unanimously carried to adopt Resolution No. 966. (see attached) X. UNFINISHED BUSINESS: A. City Manager confirmed payment had been received that afternoon for the outstanding grid useage bill from Alaskan Barge and Salvage, Inc. in the amount of $1520. XI. NEW BUSINESS: B. Audit Report for fiscal year 1975-76 was noted and City Manager asked if Council wished a representative of Johnson & Morgan to attend the next regular meeting in order to answer any questions and, with Council consent, continued the item to the November 22 meeting. C. Annexation survey statistics from straw poll taken November 2, 1976, were noted. City Manager, with Council consent, suggested the Council allow the Local Boundary Commission to continue with its hearings on the Lowell Point annexation in order to obtain citizen input. D. Mark Kazazean, City Planner for the City of Cordova, handed out booklet entitled "Salmon Culture Program by Prince William Sound Aquaculture Corporation" and showed various slides on the nonprofit corporation's structure and the salmon incubation facilities at Port San Juan on Evans Island. Kazazean stated a delegate position was available on the corporation's board for a Seward representative and asked Council to appoint someone in the near future. Kazazean also proposed Cordova and Seward cooperate in trying to obtain Federal Public Works Grant funds for the project and further stated he hoped to return to Seward in the near future in order to gain support for certain legislative proposals for fisheries enhancement in the Prince William Sound area. RECESS: The meeting was recessed at 9:05 p.m.; reconvened at 9:15 p.m. A. (Taken out of order by Mayor, with Council consent) Letter dated October 1, 1976, and attached "Harding Icefield- Kenai Fjords National Monument: a proposal" from Donald S. Follows, Park Planner for the National Park Service, was noted. Follows and Chuck Gilbert distributed a map and briefing statement and showed a slide presentation and transparencies on the Harding Icefield - Kenai Fjords area and commented on the plan to add the area to the National Park system. Follows spoke on the visibly minute amount of timber and mineral resources in the vicinity. In closing, Follows stated legislation would be presented to Congress for passage the coming year but felt it would take a few years before initial development. 110 PAGE 110 REGULAR MEETING - NOVEMBER 8, 1976 VOLUME 17 XII. CITY MANAGER REPORTS: A. would draw up ing regarding City Manager stated if Council had no objection the City Attorney a letter to reflect Council's wishes voiced at the previous meet- the Reynolds' encroachment. B. City Manager read in full letter dated November 5, 1976, from City Attorney Jacobus regarding the institution of foreclosure proceedings on the Jesse Lee Home contract with Inn Seward, Inc. C. City Manager read in full letter dated November 1, 1976, from City Attorney Jacobus directed to the Bureau of Land Management requesting extension of time in which to file required Seward Tramroad right-of-way application. D. City Manager noted letter dated November 3, 1976, from City Engineer Lowman regarding the need for radio equipment by the Public Works and Electrical Departments and, with Council consent, scheduled the item for discussion at the November 15 study session. E. City Manager stated the Fish House had turned in the summer camping receipts in the amount of $7200, reflecting a net of $5400 and a commission of $1800. In answer to a question, he stated this represented a substantial improvement in collections over the past few years. F. City Manager stated he had received a notice from the Municipal Finance Officers' Association that as of January 1978 cities would be required to furnish unemployment insurance for its employees. XIII. COUNCIL DISCUSSION: A. Letters of resignation from the City Planning and Zoning Commission from Donald L. McCloud and Frederick D. Lammers, dated October 25 and 13 respectively, were noted. Kenai Peninsula Borough Planning Directors' letter of October 28, 1976, requesting submittal of name for appointment to Borough Planning Commission was also noted. Following discussion, it was moved by Oldow, seconded by Martin and unanimously carried to appoint James Lawson to the Planning and Zoning Commission. It was moved by Oldow, seconded by Gillespie and unanimously carried to recommend to the Borough Mayor that Lawson be appointed as the City's representative on the Borough Planning Commission. Neve' stated an advertisement should be placed in the paper asking interested persons to apply for the vacant position on the City Commission. B. Vincent asked how long the City's generator had been inoperable and City Manager stated approximately two months. Vincent further asked why the Council had not been made aware of the matter and City Manager stated he had not been informed of the problem until two weeks previous. In answer to a question from Mott, City Manager stated the Electrical Department was directly answerable to his office. C. Neve' asked about the payoff on the Louisiana Pacific generator and City Manager stated the City Attorney was working with the firm to come to an agreement on the matter. D. Vincent asked that the City employees' salaries be made public information and City Manager stated he had no objection to the aggregate amount being made public. E. City Manager report would Martin inquired about the status of the Dresser contract and stated the City Attorney was reviewing the document and that a be made at the next meeting. F. Martin asked about the lighting situation on 4th Avenue near the Small Boat Harbor area and City Manager stated a memo had been written to the Electrical Department requesting the figures on additional poles and lights but no answer had yet been received. G. Gillespie asked if the injunction against Inn Seward, Inc. had been filed regarding the Jesse Lee Home project, pursuant to Council's direction at its meeting of October 26. City Manager stated since the attorney had not mentioned it in his memo earlier cited that he would have to assume it had not yet been done. Neve' voiced displeasure over the City's legal counsel. Gillespie pointed out the full time Borough Attorney was salaried at $3600-$4100 10-29-76 js e e CITY OF SEWARD, ALASKA RESOLUTION NO. 965 A RESOLUTION ACCEPTING THE BID OF DONALD COIS}k~~ FOR THE PURCHASE OF CERTAIN R-2l URBA.l~ RENEWAL PROPERTY WHEREAS, the Seward City Council feels that it is in the public interest to accept the bid of DONALD COIS}1Al~ for the purchase of Lot 3, Block 4, Oceanview Subdivision, at the total price of Six Thousand Six Hundred Seventy-Five Dollars ($6,675.00); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The bid of DONALD COISMAN is hereby accepted, and the City Manager is authorized and 'directed to execute the necessary documents to process the sale of this property in accordance with the Ordinances of the City of Seward, Alaska, and the requirements of the United States Department of Housing and Urban Development. Section 2. This resolution shall become effective thirty (30) days after adoption, passage and posting, in accordance with Section 2-81 through 2-85 of the Seward City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 8th day of November, 1976. CITY OF SEWARD, ALASKA {) ': /, / . / I '7 . ~/ , I I, /,,1. / L. '---{~\ ..C_\/-:;l' ! 1 ~. " l. _C' L.-r Richard A. Neve', Mayor AYES: NOES: ABSENT: GILLESPIE, NONE NONE HUGLI, MARTIN, MOTT, NEVE', OLDOW AND VINCENT ATTEST: APPROVED AS TO FORM: \ HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward \ i..., .~ - ~ - I, _ \ JoAnne E. Shanley, Deputy City Clerk-Treasurer r (City Seal) Kenneth P. Jacobus e e IO-29--76 js CITY OF SEWARD, ALASKA RESOLUTION NO. ~ A RESOLUTION ACCEPTING THE BID OF DON ENNIS D/B/A ENCO FOR THE PURCHASE OF CERTAIN R-21 URBfu'l RENEWAL PROPERTY WHEREAS, the Seward City Council feels that it is in the public interest to accept the bid of DON ENNIS D/B/A ENCO for the purchase of Lots 9, 10, 11, 12 and 13, Block 2, Oceanvie\v Subdivision, at the total price of Twenty Seven Thousand Five Hundred Five Dollars ($27,505.00); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The bid of DON ENNIS is hereby accepted, and the City Manager is authorized and directed to execute the necessary documents to process the sale of this property in accordance with the Ordinances of the City of Seward, Alaska, and the requirements of the United States Department of Housing and Urban Development. Section 2. This resolution shall become effective thirty (30) days after adoption, passage and posting, in accordance with Section 2-81 through 2-85 of the Seward City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 8th day of November, 1976. CITY OF SEWARD, ALASKA .r' ,l 1'\' - ,I ( (( (/ ! \ '~_/,\ .'--. .,1 II _ /~ . (, _._,' Richard A. Neve', Mayor AYES: NOES: ABSENT: GILLESPIE, NONE NONE HUGLI, MARTIN, MOTT, NEVE', OLDOW AND VINCENT ATTEST: APPROVED AS TO FORM: '\ i) " ! . .' ../ t".., \. ' ("; \ ;- J (~ I '. (1 JoAnne E. Shanley, Deputy City Cler\-Treasurer HUGHES, THORSNESS, GANTZ, P01,ELL & BRUNDIN Attorneys for the City of Seward (City Seal) Kenneth P. Jacobus I I I IJl PAGE 111 REGULAR MEETING - NOVEMBER 8, 1976 VOLUME 17 XIII. COUNCIL DISCUSSION: (cont'd) per month and the City's bills for the past few months for part time service had been in excess of that amount. Following discussion, Neve', with Council consent, stated the legal counsel would be discussed at greater lengths on Monday, November 15. H. Gillespie asked if the supply vessels filling up with water at the dock facilities were being metered and charged differential rates and if the large amount of water being drawn by the vessels was harming the City's supply. City Manager stated the supply boats were being charged a metered rate on a graduated scale and further stated the City Engineer would submit gallonage figures in the near future. City Engineer Lowman spoke and answered questionson the water problem and stated that the possible shortages of reserved storage caused by the vessels drawing on the supply could lower the City's fire rating. Lowman further spoke on plans for drilling another well in the Ft. Raymond well field in the near future. In answer to a question from Vincent, Lowman stated it was advisable to drill a test well prior to the permanent well. Gillespie asked if there was a meter on the Railroad dock and City Manager and City Engineer stated they did not know. Gillespie, with Council consent, requested the subject be placed on the November IS study session agenda. I. Mott spoke on the State requirement for City ordinances to be codified and City Manager stated the codification had been initiated years ago and was currently an on-going process. J. Mott stated in attending the Municipal League meeting in Fairbanks he felt Seward was further advanced it its planning for the future than the majority of other Alaskan communities. K. Mott commented on the R.W. Beck "Analysis of Voltage Fluctuation on City's Electric Utility System" report dated October 12, 1976, which attributed the fluctuations to the Louisiana Pacific chipper motor. L. Mott stated the Alaska Municipal League was going to lobby for funds from the recently established permanent fund for a low cost loan program for municipal utilities with an interest rate as low as 3 percent. M. Hugli commented on the figures compiled by Comptroller Baugh on the electric utility fund and stated they did not show complete figures on the amounts drawn from the fund to support the General Fund. He requested the subject be scheduled for further discussion on November IS. N. Warren Crawford's letter of resignation from the City Harbor Commission, dated November 3, 1976, and recommendation of Paul Seaton to fill the position was noted. It was moved by Oldow, seconded by Hugli and unanimously carried to appoint Paul Seaton to the Harbor Commission. O. Neve' stated he would leave on file with the Deputy City Clerk the draft American Municipal League policy statement for public perusal. He further spoke on various proposals discussed at the conference. XIV. CITIZENS' DISCUSSION: Ray Dutton spoke on Seward Fisheries concern regarding possible water shortages during their peak production periods. In answer to a question from Gillespie, Dutton stated the Fisheries' water was metered. xv. ADJOURNMENT: was adjourned at 11:45 p.m. ~",_~j A, /1/~ r Richard A. Neve' Mayor City ,Seal) ..j")~ . "-2,' ..:J:'}> -<. 'E. (,. .. , ,~ .: 112 PAGE 112 REGULAR MEETING - NOVEMBER 22, 1976 VOLUME 17 EXECUTIVE SESSION: An Executive Session was held from 6:30 p.m. to 7:30 p.m. regarding personnel. I. CALL TO ORDER: The regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Neve'. II. OPENING CEREMONY: Counci1member Vincent led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Neve'; Councilmembers Gillespie, Hug1i, Martin, Mott, Oldow and Vincent Present also: City Manager Filip and Deputy City Clerk-Treasurer Shanley IV. APPROVAL OF MINUTES: It was moved by Gillespie, seconded by Oldow and unanimously carried by all those present to approve the Minutes of November 8, 1976, as written. V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: The following changes were made in the regular meeting Agenda: XI. New Business: A-I C F Resignation of Deputy City Clerk (added) Electric utility problems (deleted) Council on Alcoholism and Community Services changed to XIV. Citizens' Discussion A. Following discussion, it was moved by Oldow, seconded by Hugli and unanimously carried to approve the consent calendar as presented and the regular agenda as amended and the following action was taken: "Application for Liquor License" dated October 15, 1976, submitted by Elks Lodge No. 1773 was noted and filed with no objection VI. BOROUGH ASSEMBL~ REPORT: 01dow gave Kenai Peninsula Borough Assembly Report for November 16, 1976. VII. PUBLIC HEARINGS: None VIII. CITIZENS' DISCUSSION: Mr. Heinbaugh asked to address the Council in closed session regarding the administration and Neve' stated he would discuss the request with Council during the recess. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for First Reading: I. Deputy City Clerk read in full an ordinance regarding differential tax zones entitled: An Ordinance Creating Municipal Service Areas and Differential Tax Zones Vincent asked how the Dairy Hill area could be included under Zone One when the City offered no sewer facilities in the area. City Manager stated he would clarify the matter with the City Attorney. Following discussion, it was moved by Mott, seconded by Oldow and unanimously carried to pass Ordinance No. 429 to second reading. I I I 1 i ;1 PAGE 113 REGULAR MEETING - NOVEMBER 22, 1976 VOLUME 17 IX. ORDINANCES AND RESOLUTIONS: (Cont'd) B. Ordinances for Second Reading: I. Deputy City Clerk read by title proposed refuse ordinance as follows: An Ordinance Repealing and Re-Enacting Section 12-l4 of the Seward City Code Relating to Collection of Refuse and Garbage It was moved by Oldow, seconded by Mott and unanimously carried to pass Ordinance No. 428 to final reading. C. Ordinances for Final Reading and Adoption: 1. Deputy City Clerk read by title proposed Planning and Zoning Commission ordinance as follows: An Ordinance Repealing and Re-Enacting Section 2-68 of the Seward City Code Relating to Meetings and Authority of the City Planning and Zoning Commission It was moved by Martin, seconded by Oldow and unanimously carried to adopt Ordinance No. 426. (see attached) 2. Deputy City Clerk read by title proposed Harbor Commission ordinance as follows: An Ordinance Repealing and Re-Enacting Section 5-3 of the Seward City Code Relating to the Harbor Commission, its Membership and Operations It was moved by Mott, seconded by Martin and unanimously carried to adopt Ordinance No. 427. (see attached) D. Resolutions: 1. Deputy City Clerk read in full proposed resolution regarding lease extension in the Marina Subdivision, entitled: A Resolution Authorizing the Extension of the Lease with John Smith of Lot Three (3), Block One (I), Marina Subdivision It was moved by Oldow, seconded by Martin and unanimously carried to adopt Resolution No. 967. (see attached) 2. Deputy City Clerk read in full proposed resolution regarding Jesse Lee Heights Subdivision water and sewer system State grant entitled: A Resolution Accepting the State Grant in Connection with Installation of Water and System Improvements in the Jesse Lee Heights Subdivision Letter dated November 10, 1976, from the Department of Environmental Conservation regarding the State grant offer was noted. It was moved by Mott, seconded by Oldow and unanimously carried to adopt Resolution No. 968. (see attached) X. UNFINISHED BUSINESS: A. Letter dated November 11, 1976, from City Attorney Gantz regarding default proceedings on contract for sale and development of Jesse Lee Home property by Inn Seward, Inc. was noted. City Manager, with Council consent, suggested the item be scheduled for action on December 13. 114 PAGE 114 REGULAR MEETING - NOVEMBER 22, 1976 VOLUME 17 X. UNFINISHED BUSINESS: (Cont'd) B. The following items were noted regarding the City's proposed agreement with Dresser Industries for the lease of Lot 16, Seward Industrial Subdivision: Letter dated November 10, 1976, from Dresser Industries, transmitting revised copy of Lease Agreement Letter dated November 13, 1976, from City Attorney Jacobus, citing specific points in attached Lease Agreement draft Bob Gibson of Dresser Industries and Ed McMillan of Bomhoff and Associates appeared and distributed "Project Synopsis" dated November 1976, comparing the costs and service capabilities of a finger pier vs. a quay wall or bulkhead construction. In answer to a question from Gillespie, McMillan stated Dresser would decide which plan to proceed with within the next few days. C. City Manager recommended Council rescind approval for the lease of two police vehicles from Polar American Inc. and Police Chief Bencardino listed the price of the two vehicles purchased from Hertz. Following discussion, it was moved by Hug1i, seconded by Oldow and unanimously carried to rescind the lease agreement with Polar American Inc. It was moved by Vincent, seconded by 01dow and unanimously carried to accept the suggestion of the Police Chief for the purchase of the two vehicles from Hertz. XI. NEW BUSINESS: A-l.Letter of 15, 1976, was noted. carried to accept the resignation from Deputy City Clerk Shanley, dated November It was moved by Oldow, seconded by Hugli and unanimously resignation of the Deputy City Clerk. A. Letter dated October 20, 1976, directed to State Conservationist Long from City Engineer Lowman, regarding the City's possible interest in having a soil survey conducted in the area, was noted. W.M. Sowers, District Conserva- tionist from Homer, appeared and spoke and answered questions on what the survey would entail and stated that even though the service was free, the department was asking for the City to cover costs of room, board and transportation for the scientists. In answer to a question from Neve', Sowers stated if the City voiced interest, the survey would be done in the summer of 1977 or 1978 and would take two scientists about two weeks to complete. In answer to a question from Vincent, Sowers stated the survey would take in approximately the top six feet of soil. Oldow requested Sowers forward copies of the Homer survey to the Councilmembers for their perusal before a decision was made on whether or not such a survey would be beneficial to the community. B. City Engineer's memo dated November 3, 1976, regarding the purchase of radio equipment for the Public Works, Electric and Engineering Departments was noted. Bob Hanson from RCA appeared and answered questions on the company's bid proposal and explained the difference between citizen ban and business band radios. Following discussion, Neve', with Council consent, stated no action would be taken on the proposal until Council had an opportunity to meet with the City Engineer in a work session to discuss the needs and costs of the equipment. C. Neve', with Council consent, deleted discussion of the request for the Public Utilities Commission assistance in the electrical utility problems. D. Leases and Dock License Agreements for the Waterfront Tracts were noted regarding discussion of the water system supply and dock tariffs. City Manager stated a water meter had been installed at the Fourth Avenue dock that morning. Vincent stated he had obtained water-across-the-dock cost figures from Anchorage and would forward the information to the City Engineer in order that he could make some comparisons and report back to Council with his findings. E. Letter dated November 8, 1976, from the Department of Public Works, notifying the City of damage to the Fourth Avenue dock, was noted. City Manager confirmed Northern Stevedoring and Handling Corporation assured him that repairs would be made in a timely manner. ....~.i.'~ ATTACHED TO AND MADE ~ART OF THE MINUTES OF THE SE1'_ CITY COUNCIL - PAGE 113 VOLUME 17 1l-IS-76 JS CITY OF SEWARD, ALASKA RESOLUTION NO. 967 A RESOLUTION AUTHORIZING THE EXTENSION OF THE LEASE WITH JOHN SMITH OF LOT THREE (3), BLOCK ONE (1), MARINA SUBDIVISION WHEREAS, the Seward City Council finds it is in the public interest to extend the lease of Lot Three (3), Block One (1), Marina Subdivision, for an additional period of approximately nine (9) years and six (6) months; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The lease extension attached to this resolution is hereby approved and the City Manager is authorized and directed to execute the document. Section 2. This resolution shall become effective thirty (30) days after adoption, passage and posting, in accordance with Section 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 22nd day of November, 1976. CITY OF SEWARD, ALASKA ~L-t(' Ac/V~r Richard A. Neve', Mayor AYES: GILLESPIE, MOTT, MARTIN, NEVE', HUGLI, OLDOW AND VINCENT NOES: NONE ABSENT:NONE ATTEST: APPROVED AS TO FORM: (. .'t! ';" ,II , JoAnne E. Shanley, Deputy City Clerk - Treasurer HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward .---- (City Seal) Kenneth P. Jacobus ATTACHED TO AND MADE AART OF THE MINUTES OF THE SEW4t CITY COUNCIL - PAGE 113 ., VOLUME 17 CITY OF SEWARD, ALASKA RESOLUTION NO. 968 A RESOLUTION ACCEPTING THE STATE GRANT IN CONNECTION WITH INSTALLATION OF WATER AND SYSTEM IMPROVEMENTS IN THE JESSE LEE HEIGHTS SUBDIVISION WHEREAS, the Seward City Council feels that is in the public interest to accept the State Grant Offer for Jesse Lee Heights Water and Sewer System Improvement funds; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THAT: Section 1. The City Manager is hereby authorized and directed to execute the necessary documents to accept the grant in accordance with the requirements of the State of Alaska. Section 2. This resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 22nd day of November, 1976. CITY OF SEWARD, ALASKA 1f2J,(-z{Ai;t~( Richard A. Neve', Mayor Ayes: Noes: Absent: NEVE', GILLESPIE, HUGLI, MARTIN, MOTT, OLDOW AND VINCENT NONE NONE ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward (City Seal) Kenneth P. Jacobus , I I I I 11.3 PAGE 115 REGULAR MEETING - NOVEMBER 22, 1976 VOLUME 17 XII. CITY MANAGER REPORTS: A. City Manager noted his Administrative Activities Report dated November 22, 1976. B. City Manager, with Council consent, suggested a meeting be scheduled for December 6 to meet with the various oil companies possibly interested in locating in Seward. Neve' noted the publication received November 22, 1976, entitled "Marine Service Bases for Offshore Oil Development" and asked the Deputy City Clerk to make copies available to all Counci1members and Harbor Commissioners. XIII. COUNCIL DISCUSSION: A. Hug1i asked if Council could receive a copy of the service agreement with Alaska Railroad and City Manager stated he would look into it. B. 01dow asked the Public Works Superintendent to compile a cost estimate on putting in a meter at the Railroad dock. C. Mott asked the City Manager to respond to letter dated November 16, 1976, from the Office of the Governor, Manpower Division, regarding problems with the local CETA program and City Manager stated the comments were valid. RECESS: The meeting was recessed at 9:05 p.m.; reconvened at 9:20 p.m. D. Gillespie moved, but later withdrew his motion, to terminate the City's law firm as of January I, 1977. Gillespie moved, but later withdrew his motion, to terminate the City's law firm as soon as a replacement was found. Following discussion, Gillespie requested the various law firms interested in representing the City draw up some type of retainer fee proposal for Council's information. Neve', with Council consent, directed the various Councilmembers to invite interested attorneys to meet with Council at their convenience. E. Neve' proposed the City support an ice hockey rink at the First Ball Field. Following discussion, Neve' stated he would meet with the City Engineer to look at the cost estimates of creating and maintaining such a facility. Martin questioned the City's liability with such a project. Joanne Hoogland suggested Bruce Clark of the Community School Program be contacted for possible planning assistance. Following discussion, Neve' stated because of the problems posed the item would be scheduled for further discussion at a work session. F. Hugli asked the City Engineer if he had any information regarding the Alaska Railroad Dock License Agreement with Northern Stevedoring and Handling Corporation and the City Engineer stated he thought the company collected the water service fee from the individual boats on a regular basis and was billed annually by the City. Hugli stated the contract stipulated the City would be paid monthly. Following discussion, Hugli asked the Engineer to look into the matter and report back. G. Oldow asked Council consider discontinuance of the Western City magazine subscriptions because the magazine had limited its articles to those concerning California. H. Neve', with Council consent, asked the Deputy City Clerk to place the appointment of a Vice Mayor on the Agenda for a Special Meeting to be held November 29. He further stated one of the items of discussion set for the meeting of November 29 would the the administration. I. Vincent asked that a letter of commendation be sent Exxon for its efforts in restoring the gravel pit at Mile S. J. Letter received November 16, 1976, from David J. Moore, indicating interest in being appointed to the Planning and Zoning Commission and verbal interest voiced by Tracy Leer and James McCracken were noted. Neve', with Council consent, asked that the three individuals be contacted and asked to be in attendance at the November 29 meeting. IIG PAGE 116 REGULAR MEETING - NOVEMBER 22, 1976 VOLUME 17 XIV. CITIZENS' DISCUSSION: A. Seward Council on Alcoholism and Community Services' letter dated November 17, 1976, requesting City lease Lots 3 and 4, Marathon Addition, to the Council for $1 per year for 60 years, with extensions, was noted. Gene DeGooyer, Executive Director of the Council, appeared and spoke and answered questionson the request and displayed concept drawings of the futur,e proposed structure, Jim Shepard further explained the initial structural concept and and floor plan. In answer to a question from Bob McCabe, DeGooyer stated the request for the property was contingent upon adequate financing for the center. Pat Williams, Bob McCabe, Ruth McHenry, Keith Campbell, Police Chief Bencardino, Brent Whitmore, Rev. Glenn Groth and Ben Suddath spoke in favor of the program. Willard Dunham asked who would hold title to the building and DeGooyer stated that was a matter which needed to be looked into further. Glenn Clark, President of the Council, spoke in support of the programs goals and its needs for an expanded center. Neve' read in full letter dated November 22, 1976, from Senior Citizens' Director Blankenship, requesting Council consider all programs in the area with similar needs instead of each program coming to Council individually with requests. Beverly Dunham voiced support for Blankenship's concept but spoke against any youth activities being conducted in the vicinity of the hospital. Blankenship expounded on a community center concept. Joanne Hoogland voiced interest in Council pursuing the possibility of using the old high school for such a purpose. Following discussion, Neve', with Council consent, asked that DeGooyer and Blankenship get together and discuss if and how the two programs could be combined into one building and report back to Council at the December 13 meeting. B. Ben Suddath asked that more chairs be put up in the Council Chambers for the audience. C. Paul Seaton asked about the Dresser agreement with the Army Corps of Engineers for use of the breakwater area and questioned if the use would infringe upon future expansion of the Small Boat Harbor facilities. Neve' asked the Dresser representatives if the agreement they had made with the Corps could be forwarded to Council and it was confirmed it would be done as soon as possible. XVI. ADJOURNMENT: was adjourned at 10:40 p.m. '\ J~lL~/NA:, MLz; Mayor ---------------------------------------------------------------------------- PAGE 116 SPECIAL MEETING - NOVEMBER 29, 1976 VOLUME 17 I. CALL TO ORDER: The special meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Neve'. II. OPENING CEREMONY: Mayor Neve' led the pledge of allegiance to the flag. II I. ROLL CALL: Present were: Mayor Neve'; Councilmembers Gillespie, Hugli, Martin, Mott, 01dow and Vincent Present also: City Manager Filip and Deputy City Clerk-Treasurer Shanley I I I PAGE 117 SPECIAL MEETING - NOVEMBER 29, 1976 VOLUME 17 I I ji IV. APPROVAL OF MINUTES: It was moved by Mott, seconded by Oldow and unanimously carried to approve the minutes of November 22, 1976, as written. V. SPECIAL ITEMS: A. Deputy City Clerk noted that James McCracken, David Moore and Tracy Leer had voiced interest in the Planning and Zoning Commission vacancy. David Moore appeared and spoke and answered questions on his interest in serving on the Commission. Following discussion, it was moved by Oldow, seconded by Martin and unanimously carried to appoint David Moore to the City Planning and Zoning Commission. B. Neve' stated 01dow, Hugli and Mott had voiced interest in being appointed as Vice Mayor. Councilmembers cast ballots and Deputy City Clerk stated Hugli had received the most votes. It was moved by Oldow, seconded by Vincent and unanimously carried to appoint Raymond Hug1i as Vice Mayor. C. Neve', with Council consent, deleted the Dresser Industries presentation from the agenda. It was noted that representatives of the company would meet with Council the morning of November 30. D. Neve' commented on the status of the Coastal Energy Impact Program regulations and Council's meeting with Borough Mayor Gilman and Borough Planning Assistant Waits on November 26 to discuss the City's opposition to certain sections of the regulations. Neve' further stated a copy of all related informa- tion was on file with the Deputy City Clerk and he would be available to talk in more detail on the subject any time after the evening meeting. E. Neve' stated the Council had, in executive session, asked for the resignation of City Manager Filip. He read in full Deputy City Clerk's letter of resignation dated November 16, 1976, listing managerial problems, and further stated the following as reasons for dismissal of the City Manager: the lack of communication with department heads and managerial inefficiency as displayed with the generator breakdown; lack of progress with Chugach Electric Association and lack of instituting R.W. Beck's recommendation for a meter on the utility line; lack of immediate action in contacting Northern Stevedoring and Handling Corporation regarding the Fourth Avenue dock damage, thus putting the City in jeopardy of loosing the M/V Tustumena if the dock was not repaired by January, 1977; not meeting the terms of the contract with the State regard- ing the CETA employees. Neve' stated the City Manager had used the excuse of the "press of business" continually to cover up this inefficiency and negligence and since the City Manager had refused to resign, asked for a motion to dismiss City Manager Filip; it was so moved by Oldow and seconded by Hugli. City Manager commented on his letter to the editor which appeared in the November 25 Seward Phoenix Log and stated a problem existed because of the lack of administrative staffing and requested an Assistant City Manager be hired in order to help with the functioning of his office. City Manager further stated he felt he had served as effectively as any individual could have under the circumstances. Neve' read in full letter dated November 29, 1976, from Ray Dutton of Seward Fisheries, Inc. in support of City Manager Filip. Dutton appeared and stated the letter represented the feelings of staff and management at Seward Fisheries. Linne' Bardarson, Nancy Ging, Willard Dunham, Bob McCabe, an unidentified gentleman and Harbor Master Sawyer spoke in support of City Manager Filip. Bernard Hu1m spoke on the Manager's dismissal of Mrs. Linda Mardock and stated he hoped she had not been fired arbitrarily and further spoke on the deficiences with the current administration he had noticed while he served on the Council. Hulm stated strong managerial capabilities were needed with the future expected growth rate of Seward. Hugli commented that during the time he had served on the Council nothing had been accomplished by the administration until the preceding week and stated the administration had been moving too slowly and had not planned ahead for future growth. He further stated Council, by necessity, had become more involved in the administration of City government because of the lack of action by the administration. Joanne Hoogland spoke on the need for long-term planning by the City administration and Council. ; ,':--; j. 1. (J PAGE 118 SPECIAL MEETING - NOVEMBER 29, 1976 VOLUME 17 V. SPECIAL ITEMS: (cont'd) The motion was called for and the vote was as follows: Ayes: Noes: Absent: Neve', Gillespie, Hug1i, 01dow and Vincent Martin and Mott None Filip asked when the dismissal became effective and Neve' confirmed 60 days had been agreed upon by the Council. City Manager Filip further asked if Council was going to give him the option, as set forth in the 1969 contract, to become City Clerk-Treasurer at a salary of $12,000 per year, for a period of one year. Neve' stated Filip had previously rejected that matter and asked if he had changed his mind. Filip stated he wanted Council to reconsider the matter and Neve' stated it would be done in executive. session. VI. CITY MANAGER REPORTS: A. City Manager commented on his Administrative Activities report dated November 29, 1976, and stated a meeting had been scheduled for Friday, December 3, 1976, at 10:00 AM in the Council Chambers for Council to meet with Chugach Electric Association regarding the electric utility. B. City Manager noted memo dated November 15, 1976, from Harbor Master Sa\vyer regarding the request for an additional harbor staff member. Harbor Master Sa\vyer appeared and spoke and answered questions on the request. Following discussion, it was moved by Oldow, seconded by Gillespie and unani- mously carried to approve the additional held in the Small Boat Harbor as requested. C. City Manager commented on the need to reinvest the bond proceeds for water and sewer work and, with Council consent, stated Mr. Beneville of Dean Witter and Company, Inc. would meet with Council on December 6 regarding long-term reinvestment. Following discussion, it was moved by Mott, seconded by 01dow and unanimously carried to direct the City Manager to reinvest the bond proceeds for a short term of seven to 14 days. D. City Manager further commented on his memo of November 29 and attorney Jarrell's letter of November 26, 1976, regarding the City's pension plans, and stated the City needed to apply to the Internal Revenue Service in order to keep the fund qualified for Federal Income and Estate Tax purposes. Following discussion, it was moved by Mott, seconded by Oldow and unanimously carried to authorize the City Manager to execute the IRS application for the pension plan. E. City Manager stated Sid Clark was rev1s1ng the the sewage treatment proposal and the item would probably be scheduled for discussion December 13. F. City Manager stated in conferring with staff, it was determined that an ice rink would not be feasible this winter. VII. COUNCIL DISCUSSION: A. Gillespie stated he was informed that unused equipment from the pipeline project could be purchased for reduced rates by municipalities and asked that the administration look into the matter. B. Gillespie asked that Ted Carson of Soldotna be contacted regarding legal counsel services for the City. The Deputy City Clerk was directed to contact Mr. Carson to see if he would meet with Council. C. Oldow stated the Borough had just completed a professional job classification survey and she would bring the information to Council for consideration. VII I. CITIZENS' DISCUSSION: Willard Dunham commented on the action taken by Council that evening and stated it might cause serious repercussions and inhibit the smooth functioning of City government. Emmitt Hill questioned the Dresser presentation listed on the agenda and Neve' stated representatives of the firm would be in town the morning of November 30 to discuss the proposed lease of Lot 16, Seward Industrial Park. I I I 11 ~) PAGE 119 SPECIAL MEETING - NOVEMBER 29, 1976 VOLUME 17 IX. ADJOURNMENT: The adjourned at 9:00 p.m. _(UJ' ;f< IV-4f( Richard A. Neve' Mayor PAGE 119 SPECIAL MEETING - DECEMBER 6, 1976 VOLUME 17 I. CALL TO ORDER: The special meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Neve'. II. OPENING CEREMONY: Councilman Martin led the pledge of allegiance. to the flag. III. ROLL CALL: Present were: Mayor Neve'; Councilmembers Gillespie, Hug1i, Martin, Mott, Oldow and Vincent Present also: City Manager Filip and Deputy City Clerk-Treasurer Shanley IV. APPROVAL OF MINUTES: It was moved by Gillespie, seconded by Vincent and unanimously carried to approve the minutes of November 29, 1976, as written. V. APPROVAL OF CONSENT CALENDAR AND SPECIAL MEETING AGENDA: It was moved by Mott, seconded by Hugli and unanimously carried to approve the consent calendar and special meeting agenda as presented and the following actions were taken: 1. The Mini Mall's application to be designated as a restaurant regarding the service of beer and wine was approved. 2. Senator Gravel's letter of November 22, 1976, forwarding "Water Resources Development Act of 1976" was filed. 3. ARCO's letter of November 24, 1976, amending an earlier "Notice of Support Activities" was filed. 4. Liquor license renewal application of Seward Trading Company was filed with no objection. S. Liquor license renewal application of Harbor Dinner Club was filed with no objection. 6. Overall Economic Development Program Director's letter of November 30, 1976, regarding City's representatives on the committee was noted. It was unanimously approved to retain Jack Werner and R.W. Kirkpatrick as the City's representatives. 1~() PAGE 120 SPECIAL MEETING - DECEMBER 6, 1976 VOLUME 17 VI. SPECIAL ITEMS: A. Mr. Burt Beneville, Assistant Vice President of the Northwest Region, Dean Witter and Company, Inc., appeared and spoke and answered questions on possible reinvestment alternatives for the funds the City was holding which it borrowed from the Alaska Municipal Bond Bank to finance the secondary sewage treatment facility. Benevil1e compared interest rates and risk factors of the corporate and quasi-government bond markets. Vincent asked if the City could return the funds to the Bond Bank until they were needed. In answer to a question, City Engineer Lowman commented on the forthcoming bill from the consulting engineer on the facility and Comptroller Baugh stated the bill would be in excess of $123,000. Beneville suggested the City investigate the national market even for short term reinvestment purposes. Following discussion, the City Manager was directed to obtain information from the Alaska Municipal Bond Bank as to returning the fund for a short period of time and restrictions, if any, on investment of the funds. City Manager, with Council consent, stated he would reinvest the funds for a short term until the latter part of December. B. City Manager spoke on the Harbor Master's request for an additional staff member, to be designated as a custodian. Neve' stated the item had been approved informally at the November 29 meeting but it should have appeared on the agenda for action. Mott asked if the action required a budget change and City Manager confirmed it should be done by resolution but the Harbor Master assured him that the revenues to support the position would be forthcoming from the operation of the Small Boat Harbor. Harbor Master Sawyer appeared and spoke and answered questions on the request. Following discussion, it was moved by Oldow, seconded by Gillespie and unanimously carried to approve the additional harbor personnel as requested. C. Neve' gave a report on the status of the Coastal Energy Impact Program regulations revisions and stated the draft revisions would be in the City Clerk's office and the library for public perusal. Neve' stated the regulations dealt with the application for planning and capital construction funds and, specifically, making architectural and engineering funds available to local government entities immediately. 01dow asked if the November 26, 1976, letter from the State Legislative Affairs Agency regarding draft bill HCR 123 was related and Neve' stated the bill was the State's effort at Coastal Zone Management, the third submission of such a bill in the past three legislative sessions. Neve' further stated the Council would react to the State's bill after completing comments on the Federal regulations. The Deputy City Clerk was directed to file a copy of HCR 123 at the library for the public's information. D. Other items of mutual interest-- 1. 01dow commented on the Department of Community & Regional Affairs' letter of November 26, 1976, regarding Economic Development Administration grant funds. Neve' stated there was a conflict over the grant funds being a 75-25 match situation, with the local government having to earmark $5000 to receive $15,000. 2. 01dow stated the Kenai Peninsula Borough Assembly was considering a resolution which would authorize a population survey in order to arrive at a more valid figure than the 1970 census for use on grant applications, etc. 3. 01dow stated the Borough Assembly was considering a resolution which, if adopted, would institute the classification and salary survey done by a professional firm and stated the City might be able to gain some information from the document. 4. 01dow stated she had obtained the application for the City to apply for the tideland leases in the Fourth of July Creek area and that the application should be completed in the near future. S. Oldow asked for a work session on the upcoming electrical employees' contract negotiations. 6. Gillespie asked if Alyeska Pipeline Company had been contacted regarding surplus equipment and City Manager stated he had requested the City be placed on the mailing list for such equipment sales. I I I 1 ') I _I PAGE 121 SPECIAL MEETING - DECEMBER 6, 1976 VOLUME 17 VII. CITY MANAGER REPORTS: A. City Manager noted the November 26, 1976, letter from the International Brotherhood of Electrical Workers requesting a meeting with Council on December 9 and 7:30 p.m. regarding renegotiation of the IBEW contract; no objection was voiced. B. City Manager stated if there was no objection Attorney Jarrell of Hughes, Thorsness, Gantz, Powell & Brundin would attend the December 13 Council meeting to answer any questions on the proposed lease of Lot 16, Seward Industrial Park, to Dresser Industries. C. City Manager read in full letter dated December 3, 1976, from the Municipality of Anchorage regarding objection to certain Public Utilities Commission regulations and stated, with Council consent, he would write a letter in opposition to those regulations. E. City Manager commented on letter dated December I, 1976, from the Department of the Army giving "Notice of Termination" of the Air Forces' lease of a certain parcel in the Small Boat Harbor area for a boat dispatch building. It was noted that the Coast Guard would be negotiating for a similar lease of the premises. VIII. COUNCIL DISCUSSION: A. Vincent commented on the meeting with Bud Schultz of Chugach Electric Association on Friday, December 3, 1976, and, in answer to a question, Hugli stated approximatley $400,000 was the estimated cost in completely upgrading the system. He further stated approximately $170,000 worth of upgrading had been done by Chugach in October of 1975 in order to keep the system operational. Herman Leirer stated second-hand transformers had been put in at the Dave's Creek station and Mile 7 and he knew of no other work Chugach had done on the system and further cautioned the Council in their dealings with the Association. Following discussion, Neve', with Council consent, stated the Council would adjourn to a work session on the subject directly following the evening meeting. B. Hug1i asked if a cost figure had been compiled on placing a water meter at the Alaska Railroad dock and Public Works Superintendent Albertson stated the basic cost would be approximately $1900. In answer to a question, City Engineer Lowman stated the City's water rates were on a graduated scale, set by Ordinance No. 394 in 1973 and stated the City had rates comparative to Anchorage for relatively small quantities of water but fell behind with the large volume sales. Lowman further stated he recommended a total water revenue program instead of setting rates piecemeal. Gillespie recommended a separate rate schedule for vessels loading water and taking it elsewhere as was the case with the offshore service vessels. Following discussion, Neve', with Council consent, scheduled a work session for December 13 at 6:30 p.m. to meet with the City Engineer to discuss the water revenue program. C. Oldow asked about the recent problems with the television station and City Manager stated the recent storm might have twisted the antenna. D. Hugli asked if comparative figures had been obtained from other communities such as Kodiak, Cordova and Homer on rates paid by the Alaska State Ferry System for docking privileges and City Manager stated he would look into the matter. E. Gillespie asked the status of the test well drilled near the Ft. Raymond well field and City Engineer and Public Works Superintendent stated the well seemed to have a larger capacity than expected. F. Neve', with Council consent, scheduled an executive session to follow the December 13 regular meeting in order to further discuss the City Manager's request made at the November 29 meeting to retain him as City Clerk-Treasurer. G. Neve' commented on the possible site locations for the secondary sewage treatment plant and stated more information should be available at the December 13 meeting. 1, -) oj ~,,;,..,,; PAGE 122 SPECIAL MEETING - DECEMBER 6, 1976 VOLUME 17 IX. CITIZENS' DISCUSSION: Phillip Faulkner spoke on the recent annexation attempt by the City and the reasons for its failure being the credibility gap regarding the City government. He commended the Council's action at the November 29 meeting in trying to solve the administrative problems. In closing, Faulkner stated that JoAnne Shanley had displayed courage, dedication and honesty and it would behoove the Council to try to retain her as City Clerk-Treasurer. Herman Leirer spoke on the CETA employees, Federally funded positions, working for the City/and stated that it should be made clear that there were only approximately 34 regular employees on the City payroll, not 50. Oscar Watsjold stated the Fire Hall had no direct radio communication with the Police Department and asked the Council to reconsider the proposal submitted by the City Engineer for radio equipment. Keith Campbell commented on the number of times the issue had come before Council recently. Neve' stated the problem was one of budgeting for the expenditure and that the Council knew the need existed. Pat Williams commented on the funding made available for the police radios. Paul Seaton stated a crystal might be able to be installed in the radios at the police and fire halls to meet the need without the large expenditure. City Engineer Lowman explained the expensive item was the base station and he felt the Police Department did not want to act as the base station for the Public Works Department. Neve' asked if the radios could be phased in slowly and City Engineer stated it could be done but he believed the City would lose money on the unit costs. X. ADJOURNMENT: The meeting was adjourned at 9:24 p.m. to a work session on the Chugach Electric Association and the local electric utility. ffj~vJ~ 111M ( Mayor PAGE 122 REGULAR MEETING - DECEMBER 13, 1976 VOLUME 17 I. CALL TO ORDER: The regular meeting of the Seward City Council was called to order at 7:43 p.m. II. OPENING CEREMONY: Newly-elected Junior Mayor Eric Anderson led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Neve'; Councilmembers Gillespie, Hugli, Martin, Mott, Oldow and Vincent Present also: City Manager Filip, City Attorney Jarrell and Deputy City Clerk-Treasurer Shanley Mayor Neve' welcomed the new Junior Mayor Eric Anderson. IV. APPROVAL OF MINUTES: It was moved by Martin, seconded by Hugli and unanimously carried to approve the minutesof December 6, 1976, as written. I I I 1 ') "' -' ) PAGE 123 REGULAR MEETING - DECEMBER 13, 1976 VOLUME 17 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: The following changes were made in the regular meeting agenda: X. Unfinished Business: C. Sieminski/Werner encroachment added XI. New Business: A. Auditors Johnson & Morgan presentation of City audit report for fiscal year 1975-76 continued to December 27 meeting VII. Public Hearings: A. Proposed lease of Lot 16, Seward Industrial Park, to Dresser Industries scheduled after X. Unfinished Business. It was moved by Oldow, seconded by Mott and unanimously carried to approve the regular meeting agenda as amended and the consent calendar as presented and the following actions were taken: 1. Texaco "Notice of Support Activity" dated December 3, 1976, was filed. 2. Senator Gravel's letter dated November 15, 1976, regarding hydro- electric development of Grant Lake was filed. 3. City of Soldotna's letter of November 23, 1976, requesting a unified forum of Kenai Borough cities regarding the Coastal Energy Impact Program request for funds from the State Legislature was noted; the City Manager was authorized to send a letter sUPPDrting the proposal. VI. BOROUGH ASSEMBLY REPORT: Oldow gave Kenai Peninsula Borough Assembly report for December 7, 1976. VIII. CITIZENS' DISCUSSION: In answer to a question from Nancy Ging, Hugli stated Chugach Electric Association was preparing a contract document for presentation to the Council. Herman Leirer spoke against the attitude that government should be all things to all people. He further spoke on the Dresser lease and the damage sustained to the Fourth Avenue Dock. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for First Reading: None B. Ordinances for Second Reading: I. City Attorney Jacobus' letter dated December 8, 1976, trans- mitting revised Ordinance No. 429 was noted and Deputy City Clerk read by title differential taxation ordinance as follows: An Ordinance Creating Municipal Service Areas and Differential Tax Zones Vincent reiterated his question of November 22, asking if the Dairy Hill area would receive a mil reduction in view of the fact that the area did not receive City sewage service. City Manager stated the exemption would not be feasible because, in his opinion, sewage service represented less than a mil in terms of costs. Following discussion, it was moved by Oldow, seconded by Gillespie and carried as follows to pass Ordinance No. 429 to final reading: Ayes: Noes: Absent: Gillespie, Martin, Mott, Neve' and Oldow Hugli and Vincent None C. Ordinances for Third Reading and Adoption: I. Deputy City Clerk read by title proposed refuse ordinance as follows: An Ordinance Repealing and Re-Enacting Section 12-l4 of the Seward City Code Relating to Collection of Refuse and Garbage 1::14 PAGE 124 REGULAR MEETING - DECEMBER 13, 1976 VOLUME 17 IX. ORDINANCES AND RESOLUTIONS: (cont'd) C. Ordinances for Third Reading and Adoption: (cont'd) It was moved by Mott, seconded by Oldow and unanimously carried to adopt Ordinance No. 428. (see attached) D. Resolutions: I. Letter dated December 3, 1976, from Prince William Sound Aquaculture Corporation requesting support of the firm's request for tax exempt status was noted. Deputy City Clerk read in full proposed resolution regarding the Prince William Sound Aquaculture Corporation entitled: A Resolution Acknowledging and Recognizing Prince William Sound Aquaculture Corporation as a Regional Non-Profit Corporation and Urging the State of Alaska and the Federal Government to Grant Tax Exempt Status In answer to a question from Nancy Ging, Neve' stated the tax exempt status pertained to corporate taxes. City Attorney spoke on the benefits of a corporation having a tax exempt status because charitable contributions were tax deductible to the contributors. Following discussion, it was moved by Gillespie, seconded by Hug1i and unanimously carried to adopt Resolution No. 969. (see attached) X. UNFINISHED BUSINESS: A. City Attorney Gantz's letter of November ll, 1976, regarding the Contract for Sale and Development of the Jesse Lee Home property with Inn Seward, Inc. was noted. City Attorney Jarrell spoke and answered questions on the procedure of default and stated that as of that afternoon John Eddy, representing Inn Seward, stated financing was hopefully going to be granted as of December 14. Following discussion, it was moved by Oldow, seconded by Vincent and unanimously carried to declare Inn Seward, Inc. in default on the Jesse Lee Home Contract. B. Seward Council on Alcoholism and Community Services' letter dated November 17, 1976, requesting City lease Lots 3 and 4, Marathon Addition, to the Council for $1 per year for 40 years, with extensions, was noted. Neve' stated the Senior Citizens' Program, which had voiced objection to the request at Council's meeting of November 22, 1976, had withdrawn its objections. Gene DeGooyer, Executive Director of the Council, appeared and spoke and answered questions on the grant application which, if approved, would assure funding by May 4, 1977. In answer to a question from Martin, DeGooyer stated approval of the grant application was not contingent upon prior acquisition of land but such action would greatly enhance the application. In answer to a question from Hug1i, DeGooyer stated the lease agreement would be drawn up by donated labor and presented to Council for approval. City Attorney Jarrell listed various items which needed to be addressed in the lease document; Neve' asked that the Deputy City Clerk transcribe a verbatim transcript of the City Attorney's statements in that regard for DeGooyer and Council. Neve', with Council consent, asked .DeGooyer to again come before the Council when final plans for the structure and the lease agreement were completed. C. Bruce Sieminski appeared and spoke on the problem of drainage in front of his business at the corner of Jefferson and 5th Avenue. City Engineer Lowman and Building Inspector Watsjo1d spoke and answered questions on the procedure followed for issuance of the building permit on the structure, supposedly only for inside remodeling, and briefly explained the administration's ,-, position on the outside construction which took place. Following discussion, Neve', with Council consent, stated the item would be brought up again for discussion at the next regular meeting of Council, at which time both parties would submit, in writing, their view of the situation in order for Council to have all information before making a decision. RECESS: The meeting was recessed at 8:38 p.m.; reconvened at 8:55 p.m. 12--7-76 JES/jes e e CITY OF SEWARD, ALASKA RESOLUTION NO. 969 A RESOLUTION ACKN01VLEDGING AND RECOGNIZING PRINCE WILLIA}! SOUND AQUACULTURE CORPORATION AS A REGIONAL NON-PROFIT CORPORATION AND URGING THE STATE OF ALASKA AND THE FEDERAL GOVERNMENT TO GRANT TAX EXE}WT STATUS lVHEREAS the City of Seward, Alaska, is located at the water's edge on the North Gulf of Alaska Coast and Resurrection Bay, and WHEREAS the economy of Seward is largely dependent on the salmon and crab fishery of the nearby waters, and WHEREAS the improvement and enhancement of the fishery is in the best interest of the entire region, and WHEREAS the City of Seward supports the concept, the formation and the operation of Prince William Sound Aquaculture Corporation in planning, constructing and operating salmon hatcheries in the public interest; NOW, THEREFORE, BE IT RESOLVED that the City of Seward acknowledges and recognizes that Prince William Sound Aquaculture Corporation is a regional non-profit corporation for the enhancement of fisheries in Prince William Sound, and The City of Seward urges the State of Alaska and the Federal Govern- ment to recognize Prince William Sound Aquaculture Corporation as a non-profit, public interest, regional corporation, and That the State of Alaska and the Federal Government of the United States grant tax exempt status, 501 (C) (3), to the Prince William Sound Aquaculture Corporation. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 13th day of December , 19-Z.9- ,f'" C():,~nU;7;;:?,,::~ -~.''@'S;\_ .... ,.c 1. .tit.s~."rt" \'. HUGLI, MARTIN, MOTT, KEVE', OLDOW AND VINCENT (:Noes: NONE: j ; , -j '. Absent:, 'NONE '/ ", \" , ',~ 1. ~1 '.:1 ,:.'1' "\ ',.. ;;')t 'I'?.'/":C' . ,(.,;"C;:_)~;)'J~'.", c', (" .JkArtn~...t..~~trni0i'ey, Deputy.r City Clerk-Treasurer CITY OF SEWARD, ALASKA t') - I I i.." .. ; \ I \ \ ,~, ..,,___ ,~",::--,,,",?" .' -..... "",1 , ' , \.~_.........:- Richard A. Neve', Mayor ATTEST: I I I 1 ..) ~ -,) PAGE 125 REGULAR MEETING - DECEMBER 13, 1976 VOLUME 17 VII. PUBLIC HEARING: A. (Taken out of order by Mayor Neve', with Council consent.) Public Hearing was opened on the proposed lease of Lot 16, Seward Industrial Park, to Dresser Industries and letter dated December 7, 1976, from the State Department of Community & Regional Affairs was noted as to possible conflicts in the lease document. It was noted that the Public Hearing notice had been posted December 2, 1976, at City Hall, Post Office and Harbor Master's building bulletin boards for the public's information. The following individuals appeared and spoke on the lease agreement: Harbor Commissioner Val Anderson questioned Section 8.1 regarding termination of the lease and sublease rights. Robert McCabe questioned Section 4.2 regarding the 17y, percent limit on lease escalation. Jim Shepard questioned the need for specification of a completion date for the dock facility and the possible need for a penalty clause to protect the City's income on the property in case the contractors fell behind the construction schedule. Harbor Commissioner Martin Goresen questioned if Tract B which was below the low tide line was City property and Dick Kirkpatrick confirmed that it was. Harbor Commissioner Robert Clasby asked that the City require a 60 foot right-of-way for access to the grid Harbor Commissioner Paul Seaton spoke on Section 11.1 regarding self-insurance, Section 2.3 regarding definition of "Magcobar Products" and setting of a completion date for the dock structure. Beverly Dunham spoke in support of the honest way in which Dresser Industries had dealt with the City. Sid Clark spoke on the future of oil exploration in the waters surrounding Alaska. Public Works Superintendent Galen Albertson spoke on the need for an easement for the water line which ran across Tract A. Herman Leirer stated the lease document should define any easements the City required across Tract A. No one else appeared in order to be heard and the Public Hearing was closed. City Attorney Jarrell spoke and answered questions on the audience comments and noted specific minor amendments to the lease agreement which would further protect the City. City Manager confirmed a resolution accepting the lease agreement would be presented for Council action at its meeting of December 27, 1976. XI. NEW BUSINESS: A. Auditors Johnson & Morgan presentation of City audit report for fiscal year 1975-76 was continued until December 27, 1976. B. Sid Clark of Arctic Environmental Engineers appeared and spoke and answered questions on the "Comprehensive Wastewater Facility Plan Supplement dated December 1976" which he distributed. Clark explained in detail the need for additional engineering for the project and a revised recommendation on the facility, that being an aerated lagoon system located on Civil Air Patrol (CAP) property northeast of the airport and southwest of Resurrection River. Emmitt Hill, Commander of the CAP, appeared and stated that land acquisition for the proposed site might be a problem and, following discussion, agreed to meet with Clark to discuss purchase of the property. . i :-L() PAGE 126 REGULAR MEETING - DECEMBER 13, 1976 VOLUME 17 XI. NEW BUSINESS: (cont'd) Jim Shepard and Val Anderson spoke in support of the lagoon system. Clark stated due to the amended facility plan another public hearing had to be conducted and recommended, with Council consent, that it be scheduled for January 24, 1977, with a 30 day notice requirement. C. Letter dated December 8, 1976, from City Engineer Lowman regarding an improper salary adjustment in the Public Works department was noted. City Engineer Lowman appeared and spoke on his recommendation that the employee receive a salary adjustment of an additional $89 per month, retroactive to July I, 1976. City Manager stated it would be his recommenda- tion to approve the salary adjustment, effective January 1, 1977. Following discussion, it was moved by Mott, seconded by Gillespie and unanimously carried to approve the salary adjustment, effective December I, 1976. D. Neve' read in full letter dated November 26, 1976, from the Department of Community and Regional Affairs, Division of Community Planning, regarding available Economic Development Administration matching grant funds for impact planning. Following discussion, the subject was continued to the December 27 meeting. XII. CITY MANAGER REPORTS: A. City Manager spoke on his administrative activities report dated January 13, 1976 (sic), regarding the following items: 1. A negotiation session with the International Brotherhood of Electrical Workers was scheduled for Wednesday, December 29, 1976, at 1:30 p.m. Vincent asked the Deputy City Clerk to call all Councilmembers on December 28 to remind them of the meeting. 2. Status of the television translator was noted 3. Neve', with Council consent, scheduled a work session regarding Coastal Zone Management for Monday, December 27, 1976, at 6:30 p.m. B. City Manager noted the Local Boundary Commission had re- scheduled its public hearing on the South portion annexation (Lowell Point area) for Thursday, January 6, 1977, at 7:30 p.m. in the City Council Chambers. C. Letter dated December 3, 1976, from the Board of Global Ministries - The United Methodist Church, asking the City if it was interested in purchasing six acres of property was noted. Neve', with Council consent, directed the City Manager to find out where the property was located and report back to Council. D. City Manager stated no bids had been received for the coming year's towing and vending machines bids and, with Council consent, recommended awarding the bids to the current suppliers of the services instead of readvertising. E. Memorandum dated December 10, 1976, from City Engineer Lowman regarding the legal status of Lowell Point road was noted and City Manager confirmed the City Attorney would investigate the situation and a report would be furnished Council at its meeting of December 27, 1976. agreed day on I F. City Manager questioned City holiday observance and it was that one-half day would be granted on Thursday, December 23, and all Friday, December 24. XIII. COUNCIL DISCUSSION: A. Martin asked the status of the repairs being done on the Fourth Avenue dock and City Manager stated Northern Stevedoring and Handling Corporation had assured that the repairs would be completed in time for the M/V Tustumena's arrival in January. Mott stated damage to the dock was a continuing problem and Val Anderson stated ships should be moved away from the dock when a south wind blew. I I I 1")'7 - . PAGE 127 REGULAR MEETING - DECEMBER 13, 1976 VOLUME 17 XIII. COUNCIL DISCUSSION: (cont'd) B. City Engineer Lowman spoke on his memo of December 10, 1976, regarding driveway encroachment at Lot 7, Block 10, Federal Addition. City Attorney spoke on legal problems of the City allowing unrestrained trespassing and suggested a blockade be placed across the driveway for one day and a short term lease for use of the property be drawn up between the party involved and the City in order to protect the City's future rights to the property. Neve' directed the administration to notify the party involved of the procedure the City was going to follow. XIV. CITIZENS' DISCUSS'ION: Nancy Ging spoke against the Economic Development Administration's grant proposal as well as the sewage treatment project. Beverly Dunham stated she thought the Methodists were trying to sell the City land that the City had originally given to them. Herman Leirer stated that land had been donated to the group but not by the City. Paul Seaton stated he felt the Council should formally adopt the Seward Concept Plan and Neve' stated the Council was adopting it through implementation of the suggestions contained in the document. Emmitt Hill stated Dresser Industries was being as secretive about its ultimate plans for Seward as were the other oil companies. xv. ADJOURNMENT: was adjourned to executive session at 11:30 p.m. IW~!l<h'.$r Richard A. Neve Mayor .. .5 ~ ij .."-. ,.4 "iY ,)r PAGE 127 REGULAR MEETING - DECEMBER 27, 1976 VOLUME 17 I. CALL TO ORDER: The regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Neve'. II. OPENING CEREMONY: Counci1member Mott led the pledge of allegiance to the flag. III. ROLL CALL: Present were: Mayor Neve'; Councilmembers Gillespie, Hugli, Martin, Mott, Oldow and Vincent Present also: City Manager Filip, City Attorney Jarrell and Deputy City Clerk-Treasurer Shanley IV. APPROVAL OF MINUTES: It was moved by Mott, seconded by Martin and unanimously carried to approve the minutes of December 13, 1976, as written. j ")~ -( , PAGE 128 REGULAR MEETING - DECEMBER 27, 1976 VOLUME 17 V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: The following changes were made in the regular meeting agenda: VIII. Citizens' Discussion: to immediately follow item V. X. Unfinished Business: to immediately follow item VIII. X. Unfinished Business: C. Sieminski (Western Auto) drainage problems, continued to January 10 meeting. It was moved by Oldow, seconded by Mott and unanimously carried to approve the regular meeting agenda as amended and the consent calendar as presented and the following actions were taken: 1. City Comptroller's list of Accounts Payable for November 1976 was filed. 2. The Palace Bar and Cafe's liquor license renewal application dated December 10, 1976, was filed without objection. VII I. 3. Claim for property damage in the amount of $354 submitted by Lanny Duncan on December 2, 1976, was denied per the administration's recommendation. * (see Citizens' Discussion, CITIZENS' DISCUSSION: (Taken out of order by Mayor, with Council consent) State representative Keith Specking appeared and spoke and answered questions on the following issues: the 200 mile fishing limit and its effect on Japan, coastal zone management, the University of Alaska bond issue failure, municipal land acquisition through the Statehood grant, the Environmental Protection Agency's sewage treatment regulations, the State capitol move, and Lowell Point road maintenance. Herman Leirer appeared and spoke on his discussions with Pacific Alaska Lines in Portland, Oregon, regarding the policy of goods shipped to Seward being assessed the same delivery rate as shipments going to Anchorage because there was no Seward delivery rate at the present time. In closing, Leirer urged the Council to adopt a resolution requesting the establishment of a Seward delivery rate. Leirer spoke on the petition received by Council objecting to the differential taxation Ordinance No. 429 as applied to the Cliff and Bayview Additions. *Lanny Duncan appeared and spoke on his property damage claim as listed on the consent calendar which had been denied. In response to a question from Neve', Dorothy Herin, Donald Lynch, Michael Mooter and Emmitt Hill stated they had similar problems during the recent power fluctuations and would be submitting claims to the City. Neve', with Council consent, recommended Duncan's claim be held over for action until all outstanding claims were submitted and discussed at a work session. Pat Williams voiced objection to the smoke-filled Council Chambers. VI. BOROUGH ASSEMBLY REPORT: None VII. PUBLIC HEARINGS: None X. UNFINISHED BUSINESS: (Taken out of order by Mayor, with Council consent) A. David Hewko, representing Johnson & Morgan, Certified Public Accountants, appeared and spoke and answered questions on City of Seward audit report for fiscal year ending June 30, 1976. Johnson & Morgan letter dated November 24, 1976, submitting proposal for audits for fiscal years 1977 and 1978 was also noted. I I I l IV ) -' PAGE 129 REGULAR MEETING - DECEMBER 27, 1976 VOLUME 17 X. UNFINISHED BUSINESS: (cont'd) B. Gregory Jones of Simpson, Usher and Jones, Inc., appeared and spoke and answered questions on his letter dated December 7, 1976, and further commented on the planning document the firm was compiling for the City of Kodiak on outer Continental Shelf impact. November 26, 1976, letter from the Department of Community and Regional Affairs regarding the availability of Economic Development Administration funds for such impact planning was noted. Jones commented on the Seward Concept Plan and additional planning he suggested should be done. Following discussion, Neve', with Council consent, requested Jones submit a proposal on what the firm would compile for the City and the cost factors involved. Jones stated he would have the proposal ready for presentation to Council in January and further commented on the need for the City to work with the Kenai Peninsula Borough and the State Department of Community and Regional Affairs on such a planning program. RECESS: The meeting was recessed at 9:00 p.m.; reconvened at 9:13 p.m. IX. ORDINANCES AND RESOLUTIONS: A. Ordinances for First Reading: None B. Ordinances for Second Reading: None C. Ordinances for Third Reading and Adoption: I. Deputy City Clerk read by title proposed Ordinance No. 429 regarding differential taxation as follows: An Ordinance Creating Municipal Service Areas and Differential Tax Zones The following items were noted as to the proposed ordinance: City Engineer Lowman's memo dated December 23, 1976, regarding the costs of sewer and street maintenance services Petition dated December 20, 1976, signed by 29 property owners in the Bayview and Cliff Additions, opposing the proposed ordinance as currently written City Attorney Jarrell spoke and answered questions on the ordinance and, in answer to a question from Vincent, stated it was his legal opinion that a court would uphold the ordinance as worded, even though all households in specific areas did not receive all the City services for which they were assessed, i.e. sewer service. Following discussion, it was moved by Mott. seconded by Oldow and carried as follows to adopt Ordinance No, 429: (see attached) Ayes: Noes: Absent: Gillespie, Martin, Mott, Neve' and Oldow Hugli and Vincent None D. Resolutions: 1. Deputy City Clerk read by title proposed Resolution No. 970 regarding lease of City property in the Seward Industrial Park as follows: A Resolution Authorizing Lease of Lot 16, Seward Industrial Park, to Dresser Industries, Inc. City Attorney noted his letter of December 21, 1976, and attached revised Lease Agreement and spoke and answered questions on the revisions. Following discussion, it was moved by Neve', seconded by Vincent and unanimously carried to approve the lease of Lot 16, Seward Industrial Park, to Dresser Industries, Inc. as set forth in Resolution No. 970. (see attached) 1 "'1 \ ~ ., \ , PAGE 130 REGULAR MEETING - DECEMBER 27, 1976 VOLUME 17 XI. NEW BUSINESS: None XII. CITY MANAGER REPORTS: A. Memorandum dated December 10, 1976, from City regarding the legal status of Lowell Point road was noted. spoke and answered questions on the letter of understanding Seafoods. Inc. and the Eads Brothers dated August 21, 1961, construction and maintenance of the road. Engineer Lowman City Attorney between Seward regarding (verbatim transcript as requested by Councilmember Vincent) Vincent--If it is a fact that's a State highway, but that the land to the right, . . . belongs in the City, if there is enough traffic on that road through the winter, somebody is going to get caught. Now, the fact that the snow might come off the mountain from City property and somebody gets caught in that snowslide and injured or killed, who gets sued? The State or the City? Jarrell--Well, you're saying that the road belongs to the State and the land from which the avalanche occurs belongs to the City? Vincent--Yes, that's right. Jarre1l--Well, as a practical matter, they would both be sued, I suspect; that is a hard legal question. Vincent--We11. the State has lost cases where somebody ran into a mud puddle up in Spenard and the State paid off a couple of hundred thousand dollars just for a mud puddle. Jarrel1--Is it a fact that the land. is City owned land? Is that a real situation that you just gave me? Vincent--I assume this is true. Is this not the Council's feeling? Mott --No, that is Forest Service land. Gillespie --The City goes farther up the hill, doesn't it? Neve' --Just how far up does it go, Jim? Filip --The City limit line is beyond Lowell Point road, of course, to the west; but I don't think the ownership is, with the exception of Northern Lights Claims, which are centered on the mountain side of the north edge of the cannery; I believe the City's ownership ends and that point and further south would be State to my knowledge. Jarrell--As a practical matter, they would both be sued. Now, who is the loser? Probably, this is a guess, but probably with this dangerous condition and if it's adjacent to land used by the public, you allow dangerous conditions to develop there, just as if you built a dam . . Vincent--We don't allow it, but you can make odds that the road will be blocked at numerous times from March to April. Jarrell--If you build a classic case, like this, if you build a dam on your own private land, the dam breaks and it floods land below yours. there is no question about your having either created or allowed to develop a condition on your land which is dangerous to passers-by. In that case, whoever owned the land at the front of that road would probably be held liable. Hugli --This would be an "act of God", wouldn't it? Jarrell--Well, probably the accumulation of snow and the falling of rock is different from the . . . that is somewhat foreseeable, particularly if it has happened numerous times before. You've had avalanches dozens of times; it is clearly foreseeable that it's going to happen, that is the issue . . . ; whether or not this is a freak accident or one that is clearly foreseeable is the other. If it is clearly foreseeable, if whoever has the top building for that land would really be the one to bear the burden in case . . . . _ S~,'~Y, ~~~~~)~;W;~RD, /';,N3Kil, .. .. Il.i;..vL/.w~j _~ J .J.~_\j _~'it). ) I '-I ... ----_.. ---- A RESOUJTION AUTHmnZTNG LEASE OF LOT 16, SEWARD INDUSTHIAL PARK, TO DRESSER INDUSTRIES, INC. WHEREAS, the City i:s the owner of a parcel of upland pro- perty described as Lot 16, Seward Industrial Park, as shown by the plat recorded and filed in Seward Hecording District, Kenai Peninsula Borough, S~ward, Alaska, a portion of U.S. Survey #241, located in Section 3, TIS, RIW, Seward serial #73-399, Plat #90, and the contiguous tidelands, and, WHEHEAS, the Seward C.i ty Council desires to dispose of the said property by lease, and, WHEREAS, the Sew8Td City Council has decided that it would not be in the public interest to dispose of the said property at a public sale, NOW THEREEORE, BE IT RESOLVED, that the City Manager or his delegates are hereby authorized alld di.rected to negotiate with Dresser Industries Inc., a Delaware Corporation with operating offices in Houston, Texas, a lease of said property for the con- struction of a dock at the lessee's expense with rental income to the City to consist of a fixed amount for the uplands property and a share of the revenues generated by the level of shipping activity on said dock. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 27th day of December, 1976. CITY OF SEWARD, ALASKA (~, ' ! r ,) I /) ,'!. ' , I \."-'-~~. /'1" /l- f-'--{ Richard A. Neve', Mayor Ayes: Noes: Absent: GILLESPIE, HUGLI, MARTIN, ~roTT, NEVE', OLDOW AND VINCENT NONE NONE ATTEST: APPROVED AS TO FORM: _CJ/1hy-,,~~__~~Q;~~Sk~_ ,~~n~ E:. S~1ar~: ey, Depu(jY Clty ~lp~k-rr~asurer HUGHES, THORSNESS, GANTZ, POWELL & BRUND. Attorneys for the City of Seward Randall H. Jarrell (City Seal) I I I lnt d1. PAGE 131 REGULAR MEETING DECEMBER 27, 1976 VOLUME 17 XII. (cont'd) CITY MANAGER REPORTS: Mott --Would a sign "Avalanche Area, Travel At Your Own Risk"? Vincent--That won't cover it. Neve' --The State does it on the roads now. Jarrell--There is a legal theory that supports that, but it has never been recognized in Alaska. It is called . . . it certainly is not recognized now, "Katz vs. State" is a case of about two and one-half years ago which said that that kind of theory, defeating an injured person's claim. is no longer valid in Alaska. So, all the signs in the world would not necessarily save the City, or whoever owns that land from which the rocks fell, from liability. Vincent--If we chained it off, what would happen, and they went through it? Jarrell--Okay, then they are trespassers and that is a different situation; we don't owe that kind of duty to a trespasser. Gillespie --It's not our road, it's a State road. I wanted to bring up one more point just for the record regarding Anderson dock. I think we are in good negotiation powers if something ever happens there because right at the present time Anderson dock is encroaching on City property at the north end of it and so far as I know there is no lease agreement or agreement of any kind for that to continue so we are in a good negotiating status if anything ever comes of that road or the blockage of that road. Vincent--Mr. Mayor, I would request of the City Clerk that my comments be verbatim in the coming minutes because I think sooner or later this City is going to face this problem if we go out that way. (end of verbatim transcript) Following discussion, Neve', with Council consent, requested the City Attorney put his comments on the situation in writing for future reference. B. Letter dated December 3, 1976, from the Board of Global Ministries - The United Methodist Church, asking the City if it was interested in purchasing six acres of property, was noted. City Manager noted the location of the property and distributed his administrative activities report dated December 27, 1976, in which he recommended the Council delay consideration of the land acquisition until the next fiscal year. Following discussion, Neve', with Council consent, continued the matter to the January 10, 1977, meeting in order to allow the Council the opportunity to physically inspect the property. C. City Manager read in full letter dated December 24, 1976, from Marilyn Paxton P1ymire, requesting assignment of the leases on Lots 3, 7 and 8, Block I, Marina Subdivision, currently held by John Smith. City Manager confirmed the proper documents would be presented for Council action on January 10. In answer to a question from Oldow, City Attorney stated the same use would apply to the property even if the leaseholder changed. D. City Manager read in full Seward Community Library letter dated December 27, 1976, requesting the City donate the "Seward is Burning" slide program as well as the audio-visual equipment to the library for its use. City Manager, with Council consent, recommended the request be honored. E. City Manager read in full letter dated December 22, 1976, from the Alaska Public Employees Association notifying the City of the agency's desire to renegotiate its current agreement with the City. Neve', with Council consent, directed the City Manager to send a positive written response to APEA, before January 1, 1977, stating the City's interest in setting a meeting in February for such renegotiation. ] oj 0) .) .. PAGE 132 REGULAR MEETING - DECEMBER 27, 1976 VOLUME 17 XII. CITY MANAGER REPORTS: SPEC COMM EVENTS F. City Manager noted letters dated December 3 and December 23, 1976, from the State Department of Natural Resources and the Office of the Governor, respectively, regarding Sacred Heart Church historical nomination and, with Council consent, recommended he reply affirmatively to the project. XIII. COUNCIL DISCUSSION: A. Vincent asked why the alleys had not recently been sanded and Mott replied that in discussions with Public Works Superintendent Albertson, he was made aware of the problem of breaking windows during sanding operations. Mott further stated that the Public Works' crew would use ice blades on the alleys in the next few days. B. Gillespie asked Council to take positive action on the delivery rate for shipments to Seward as noted by Herman Leirer earlier in the meeting. Neve' spoke on recent meetings with Mayors and City Managers of various Kenai Peninsula Borough communities regarding various matters affecting the area and stated the freight tariff would be an item of mutual interest. Oldow suggested the City adopt a resolution supporting a freight tariff for Seward and she would then take it to the Borough Assembly for action by that body. Following discussion, Neve', with Council consent, directed the Deputy City Clerk to draft a resolution for Council adoption. C. Mott asked the status of the meeting between Sid Clark of Arctic Environmental Engineers and Emmitt Hill of the Civil Air Patrol regarding location of the sewage treatment plant and Hill appeared and stated an appraisal was currently being conducted on the property in question. D. Oldow, Karen Swartz and Willard Midby spoke on the problem of the smoke-filled Council Chambers. E. Neve' complimented the audience for their interest and attendance at the Council meetings. XIV. CITIZENS' DISCUSSION: Karen Swartz, Fire Chief Watsjold and Val Anderson commented on City maintenance of the alleys. XV. ADJOURNMENT: The meeting was adjourned at 10:10 p.m. to an executive session regarding thea4ministration. ", , } / ''% <JJL e J!= . J nne E. Shanley.D~uty ~ City Clerk-Treasurer, ,i fJ~ A,Ii~ Richard A. Neve' Mayor (City Seal) ------------~~-~-----~---------------------------------------------------------------------------- END o F VOL U M E I 7