HomeMy WebLinkAbout1980 City Council Minutes
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PAGE 22
SPECIAL MEETING - DECEMBER 21, 1979
VOLUME 19
IV.
SPECIAL ITEMS:
(cont'd)
PERSONNEL/
RES:
(cont'd)
employees the best benefits possible and to prove to them that they did not
need a union to receive fair and equitable representation. He stated a vote
against the employees wishes in this regard would have a negative effect on
employee/management relations. Following discussion, it was moved by Hugli,
seconded by Soriano and carried as follows to approve Resolution No. 79-50:
Ayes:
Noes:
Absent:
Cripps, Gillespie, Hugli, Soriano and Swartz
Pot ts
Campbell
V.
ADJOURNMENT:
The meeting was adjourned at 4:01 p.m.
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,J "Ii Yh~-, L-,
JoAnne E. Shanley
City Clerk
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Raym d L. Hugli
Mayor
(City Seal)"
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PAGE 22
REGULAR MEETING - JANUARY 14, 1980
VOLUME 19
1.
CALL TO ORDER:
The January 14, 1980, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Campbell led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps, Soriano
and Swartz (Absent, with Council consent, were
Gillespie and Potts)
Present also: City Manager Johnson, City Attorney Jarrell, Administrative
Assistant Schaefermeyer and City Clerk Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Soriano, seconded by Cripps and unanimously carried
by all those present to approve the regular meeting minutes of December 10,
1979, and the special meeting minutes of December 21, 1979, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the City Manager, it was moved by Soriano, seconded
by Campbell and unanimously carried by all those present to hold an executive
session regarding legal matters immediately following adjournment of the
regular meeting.
City Manager requested that the presentation by Charles Hendrix,
Alaskan Fisheries Company, scheduled as item A. under VIII. Citizens' Discussion,
be postponed to a later date. He requested that the following items be added
to the regular meeting agenda:
PAGE 23
REGULAR MEETING - JANUARY 14, 1980
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
VIII. Citizens' Discussion:
A. William White - claim for damages
B. Harbor Commission report
IX. Ordinances and Resolutions:
I
C. Resolutions:
4. Proposed Resolution No. 80-4 establishing the rates
for garbage and refuse removal services
5. Proposed Resolution No. 80-5 authorizing the sole
source purchase of a television receiver
XI. New Business:
C. Bruce Sieminski's letter of January 10, 1979, requesting
to lease a City parcel in the Small Boat Harbor area
City Manager referred to consent calendar item 4. and stated the amount
of the bill from Cranston, Walters, Dahl and Jarrell should read $6,233.82.
Following discussion, it was moved by Campbell, seconded by Soriano
and unanimously carried by all those present to approve the regular meeting
agenda and consent calendar as amended and the following actions were taken:
COMPTROLLER:
1. Comptroller's list of Accounts Payable for November 1979,
totaling $411,728.91 was approved for payment and filed.
COMPTROLLER:
I C ATTORNEY:
2. Comptroller's list of Accounts Payable for December 1979,
totaling $358,150.92, was approved for payment and filed.
3. Hughes, Thorsness, Gantz, Powell and Brundin bill dated
January 4, 1980, for legal services rendered September -
December 1979, totaling $2,248.98, was approved for pay-
ment and filed.
C ATTORNEY:
4. Cranston, Walters, Dahl and Jarrell bill dated January 7,
1980, for legal services rendered November 1979, totaling
$6,233.82, was approved for payment and filed.
ELECTRIC:
5. December 11, 1979, Invoice No. 129523 from CH2M Hill in the
amount of $3,398.65 for professional services rendered
relative to the electric rate study, was approved for pay-
ment and filed.
COMPTROLLER:
6. December 12, 1979, invoice from Price Waterhouse and
Company in the amount of $1,530.13 for Federal revenue
sharing funds audit, was approved for payment and filed.
4 TH OF JULY
CREEK AREA:
7. December 12, 1979, Invoice No. 951351-2 from R & M
Consultants in the amount of $4,286.44 for the 4th of
July Creek access road "p" Line survey, was approved
for payment and filed.
I
4TH OF JULY
CREEK AREA:
8. December 12, 1979, Invoice No. 951329-2 from R & M
Consultants in the amount of $1,985.67 for the 4th of
July Creek access road reconnaissance survey, was
approved for payment and filed.
ELECTRIC:
9. CH2M Hill Invoice No. 10005 dated December 14, 1979, in
the amount of $175.23 for service rendered relative to
the electric rate and power supply negotiations, was
approved for payment and filed.
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PAGE 24
REGULAR MEETING - JANUARY 14, 1980 VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont' d)
ABC B:
10. December 10, 1979, letter from the Alcoholic Beverage
Control Board regarding the request for transfer of the
Yukon Bar liquor license from Lawton to Williams and
O'Hallaren, was noted and filed without objection.
ABC B:
11. December 28, 1979, letter from the Alcoholic Beverage
Control Board regarding the request for renewal of
liquor licenses for the following establishments was
noted and filed without objection:
Dorothy's Cocktail Lounge
Seward Elks Lodge #1773
Harbor Dinner Club
Seward Trading Company
Yukon Bar
Yukon Liquor Store
LOG ORGS:
12. "Application for Permit for Authorized Games of Chance
and Skill" for calendar year 1980 as submitted by the
following were approved for the mayor's signature:
Lions Club of Resurrection Bay
William H. Seward Elementary School
Sacred Heart Catholic Church
13. December 5, 1979, memo from the Fire Chief to the Police
dispatchers regarding responding to fire calls, was noted
for information only.
SCHOOLS:
14. December 26, 1979, letter from the U.S. Forest Service
regarding the termination of the Special Use Permit for
the YACC occupancy of the old high school and armory was
noted for information and filed.
WATER:
15. Department of the Army Corps of Engineers "Public Notice"
relative to the Kenai Peninsula Borough's application to
construct a berm to protect the Seward landfill from
erosion caused by Resurrection River was noted for informa-
tion and filed.
ELECTRIC:
16. December 12, 1979, written text of the public presentation
made by City Engineer Small at the U.S. Army Corps of
Engineers hearing in Homer on the proposed Bradley Lake
hydroelectric project was noted for information and filed.
HOSPITAL:
17. December 14, 1979, letter from the Seward Volunteer Ambulance
Corps, thanking the City for its financial assistance in the
purchase of a new ambulance, was noted for information and
filed.
18. December 8, 1979, note from the JOM Parent Committee, thanking
the Council for its financial and moral support of the Seward
Teen Center, was noted for information only.
19. December 4, 1979, letter from the Resource Development Council,
thanking the Council for its membership fee, was noted for
information only.
CENSUS/
COMPTROLLER:
20. January 4, 1980, letter from the State Department of Community
and Regional Affairs, certifying the City's population at
1778, was noted for information and filed.
AK, ST OF:
21. Letter received January 3, 1980, from the State Department
of Natural Resources, noticing of the Kenai Peninsula
Borough's selection and the State's proposed conveyance,
pursuant to the Municipal Land Entitlement Act, of a parcel
of land immediately north of the City limits and adjacent
to the Seward landfill, was noted and filed without objection.
I
SEWARD
FISH:
ELECTRIC:
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PAGE 25
REGULAR MEETING - JANUARY 14, 1980
VOLUME 19
V1.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting of January 8, 1980, and specifically discussed the
Assembly's passage of an Assembly reapportionment bill which used a weighted
voting system--the same type of formula as contained in the reapportionment
proposition defeated by the electorate at the October 1979, election.
Campbell spoke against the Assembly action and stated that he felt assured
that the State Department of Community and Regional Affairs would take action
to reapportion the Borough Assembly in a manner which would be in conformance
with the legal one-man, one-vote system.
VII.
PUBLIC HEARINGS:
A. Public hearing was opened on the proposed renewal of the "License
Agreement for the Seward Municipal Small Boat Harbor Dock", allowing Seward
Fisheries preferential use of the facility for a period extending to June 30,
1984, and the following items were noted:
"Notice of Public Hearing" as published
two times in the local newspaper
Draft "License Agreement"
No one appeared from the audience at this time in order to be heard and the
public hearing was closed.
VII1.
CITIZENS' DISCUSSION:
(With prior notice only)
A. December 3, 1979, "Claim for Damages" as filed by William White,
in the amount of $750 for damage done to a refrigerator and furnace when a
tree fell across a utility line, causing a broken neutral wire in the electrical
transformer, was distributed. Also distributed was December 19, 1979, letter
from City Utility Manager Thomas Small, stating his opinion that the damage
was not caused by negligence on the part of the City, therefore, the City was
not liable for the loss. William White appeared from the audience and spoke in
support of the City awarding him the $750 for damages claimed. City Manager
stated a dangerous precedent would be set if the Council approved the payment;
he recommended denial of the claim. Following discussion, it was moved by
Campbell, seconded by Cripps, but did not carry as follows, to honor Mr. White's
claim in the amount of $750:
Ayes:
Noes:
Absent:
Swartz
Campbell, Cripps, Hugli and Soriano
Gillespie and Potts
B. Connie Bencardino, Harbor Commissioner, appeared from the audience
and stated that there was no Harbor Commission report at this time.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment:
REFUSE SERVICE/ 1. Copies being made available to the public, Hugli noted by title
ORDS: only proposed ordinance regarding garbage and refuse service fees, entitled:
I
An Ordinance Relating to Garbage and
Refuse Disposal Fees
"Notice of Public Hearing" as published two times in the local newspaper was noted
and public hearing was opened on the ordinance. No one appeared from the audience
at this time in order to be heard and the public hearing was closed. It was
moved by Campbell, seconded by Soriano and unanimously carried by all those
present to enact Ordinance No. 480.
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PAGE 26
REGULAR MEETING - JANUARY 14, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
REFUSE
RES:
SERVICE/ 1. Copies being made available to the public, Hugli noted by
title only proposed resolution awarding the garbage and refuse service contract
for the period January 1, 1980, through December 31, 1984, entitled:
A Resolution Awarding the Bid for City
Garbage and Refuse Removal Service to
Seward Services for the Period Beginning
January 1, 1980, and Ending December 31,
1984
It was noted that the only bid received by the City had been submitted by
Herman Leirer, d/b/a Seward Service. Following discussion, it was moved by
Campbell, seconded by Swartz and unanimously carried by all those present to
approve Resolution No. 80-1.
CLIFF
RES:
ADDN/ 2. Copies being made available to the public, Hugli noted by
title only proposed resolution vacating a portion of First Avenue lying
between Blocks 7 and 8, Cliff Addition, containing approximately .487 acres,
to Patrick O'Brien, entitled:
A Resolution Providing for the Vacation
of a Portion of Real Property Located in
the Cliff Addition
It was noted that the Council had already approved the vacation, by motion,
at an earlier meeting. City Manager confirmed that Pat O'Brien would be
providing an alternate access route to the lots in the vicinity; he recommended
approval of the resolution. Following discussion, it was moved by Soriano,
seconded by Cripps and unanimously carried by all those present to approve
Resolution No. 80-2.
ELECTRIC/
RES:
3. Copies being made available to the public, Hugli noted by
title only proposed resolution approving the purchase of equipment for the
new electric system substation, entitled:
A Resolution Accepting Bids and Awarding
Contracts for the Purchase of Seward Sub-
station Transformers, 69KV Circuit Switchers,
and Vacuum Circuit Reclosers
City Engineer Small's memo dated January 3, 1980, regarding purchase of the
equipment and recommending the total expenditure of $399,237.76, was noted.
City Manager stated that by the time the equipment was received and had to
be paid for, the City would have sold the electrical bonds as approved by
the voters at the October 1979, election. He confirmed that the expenditures
were within the engineer's estimates [or the project. Following discussion,
it was moved by Soriano, seconded by Campbell and unanimously carried by all
those present to approve Resolution No. 80-3.
REFUSE
RES:
SERVICE/ 4. Copies being distributed to the public and Council, Hugli
read by title proposed resolution setting new garbage and refuse service
rates, entitled:
A Resolution Establishing Rates for
Garbage and Refuse Removal Service
for the Period Commencing January 1,
1980
City Manager confirmed the resolution reflected a 24 percent rate increase
pursuant to the bid of Herman Leirer d/b/a Seward Service and previously
approved by Council. Following discussion, it was moved by Soriano, seconded
by Campbell and unanimously carried by all those present to approve Resolution
No. 80-4.
P AG E 27
REGULAR MEETING - JANUARY 14, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
TELEVISION/ 5. Copies being distributed to the public and Council, Hugli
RES: read by title proposed resolution authorizing the sole source purchase of a
TV receiver, entitled:
I
A Resolution Authorizing for the Sole
Source Purchase of a Microwave Associates
VR-3 TV Receiver
City Manager stated that the television earth station, as funded by the State,
would arrive and be installed in the near future. He stated that the TV receiver
as addressed in the resolution was necessary for the operation of the earth
station. He confirmed that receipt of the receiver would be expedited by the
City's purchase of the item and the State then reimbursing the City for the
cost, rather than waiting for the State to obtain the equipment. Following
discussion, it was moved by Soriano, seconded by Swartz and unanimously carried
by all those present to approve Resolution No. 80-5.
x.
UNFINISHED BUSINESS:
A. City Manager, with Council consent, requested that discussion
of the sale of City-owned Lots 14 and 15, Block 11, Laubner Addition, be
postponed for 120 days, at the request of the individual who had initially
asked the City to offer the lots for sale.
XL
NEW BUSINESS:
SMALL BOAT A. January 5, 1980 letter from Donald R. Horn regarding Small Boat
HARBOR: Harbor moorage assignment policies, was noted. City Manager distributed January 10,
1980, memo from Harbormaster Singleton, explaining the incidents surrounding
Mr. Horn's slip reassignment. City Manager stated the slip reassignment was
I consistent with the State's directive to utilize the harbor facilities to their
fullest extent. He stated Horn had appeared before the Harbor Commission and
had been denied his request to be reassigned to a 32-foot slip. Cripps stated
it appeared that the City had acted prudently in trying to best utilize the
harbor and still accommodate Mr. Horn's request for electricity by offering
him a split 50-foot slip.
POLICE:
B. "State of Alaska Department of Education Contract for Professional
Services" dated December 28, 1979, for the City to provide Alaska Skill Center
students with drivers' training for the period January 3 - March 31, 1980, at
the cost of $5200, was noted. Police Chief Bencardino appeared from the audience
and explained that the funding for the Drivers' Education Program usually came
from a different source; however, the anticipated funding had been delayed and
the Skill Center wished to enter into the subject contract in order to insure
the continuance of the program for their students. Following discussion, it was
moved by Soriano, seconded by Campbell and unanimously carried by all those
present to give the City Manager the authorization to sign the contract.
INDUSTRIAL C. January 10, 1980, letter from Bruce Sieminski requesting permission
PARK SUB: to lease a portion of City-owned land in the Small Boat Harbor area in order to
construct and operate a ship supply store was distributed. Sieminski appeared
from the audience and spoke in support of and answered questions on his proposal
to lease Lot 10, Seward Industrial Park. Hugli stated the Council should
request a recommendation from the Harbor Commission prior to taking any action
on Sieminski's request. Following discussion, City Manager confirmed that the
I administration would proceed in scheduling the necessary public hearing on the
proposed lease of the property.
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PAGE 28
REGULAR MEETING - JANUARY 14, 1980
VOLUME 19
XII.
CITY MANAGER REPORTS:
PUBLIC
WORKS:
A. December 14, 1979, letter from the Municipality of Anchorage
regarding the use of a snow gate during winter snow plowing operations, was
noted. City Manager stated that the letter was in response to Council
inquiries into the City using a grader gate to provide a solution to the
problem of plowing berms into the path of driveways. Public Works Foreman
Albertson appeared from the audience and stated he was of the opinion that
the only solution to the problem was for the City to purchase another
loader which could follow the grader during plowing operations. City Manager
stated that a new loader cost approximately $90,000 and a used one was about
$40,000. Hugli asked that purchase of the loader be included in the budget
for the coming year so that Council could consider purchase of the item.
COMPTROLLER: B. December 13, 1979, letter from the State Department of Community
and Regional Affairs, notifying the City of its Fiscal Year 1980 State Revenue
Sharing entitlement of $243,514, was noted. City Manager stated the amount
included the allocation for the hospital and health services. He explained
that the City had established the local population at 2130; however, the
Department of Community and Regional Affairs had only approved a population
figure of 1778 which meant an approximate $10,000 reduction in the actual
amount of revenue sharing funds received as compared to the amount anticipated.
STREETS: C. Seward City Code Sections 19-4 and 19-5 relative to the requirement
that persons owning property bordering a sidewalk keep the sidewalk clear of
snow and ice was noted. City Manager reported that he had received objections
to the ordinance when he had tried to enforce it and asked for Council direction
to either repeal the provision or support its enforcement. City Attorney
spoke and answered questions on the legal ramifications of the Code provision.
In answer to a question from Hugli, City Attorney confirmed that the language
in the ordinance clearly stated that the property owner shall remove any,
meaning all, snow which may fall or ice which may form on the sidewalk within
24 hours after the cessation of visible precipitation. Following discussion,
Soriano, with Council consent, voiced support of the City Manager's enforcement
of the Code section.
COMPTROLLER: D. City Manager's memo dated January 14, 1980 regarding the IBM
System/34 computer was noted. City Manager stated the computer system was a
budgeted item and hehad presented the information solely to keep the Council
informed on the progress of the installation of a computer system.
C HALL:
E. City Manager distributed a scaled drawing of the City offices.
He stated that some rearranging of the offices would be necessary with the
installation of the computer. The drawing displayed his concept of the new
offices and included the extension of the utility counter out into the area
which is presently the first floor lobby. He requested permission to request
bids for the remodeling work; no objections were voiced from Council.
F. City Manager stated that part of the Anderson Dock was constructed
on City property and there had never been a lease signed between the City and
the Andersons. With Council consent, he requested permission to obtain an
appraisal of the property in question and to proceed with drawing a proper
lease for the parcel.
STREETS: G. City Manager requested Council approval to assist with the clearing
of rock and snow slides from the Lowell Point Road when time was available for
the public works' crew to do such work; there was no objection voiced from
Council.
COMPTROLLER: H. City Manager stated that with the arrival of the computer system
the finance department would need to be reorganized. He reported that the
present Comptroller would be retiring this spring and he requested authority
to change the position description from that of a Comptroller to a Finance
Director. He stated that the job description title change did not mean a change
in the pay rate; there were no objections voiced from Council.
I. City Manager reported that he and the City Clerk were reviewing
and rewriting portions of the City Code in order to remove obvious conflicts
and discrepancies. He stated that the first revisions would be presented in
ordinance form for Council review in February.
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PAGE 29
REGULAR MEETING - JANUARY 14, 1980
VOLUME 19
XIII.
COUNCIL DISCUSSION:
A.
report on the
negotiations.
In answer to a question from Swartz, City Manager gave a brief
status of the 4th of July Creek industrial park area shipyard
XIV.
CITIZENS' DISCUSSION:
A. Brent Whitmore appeared from the audience and presented the Council
with a film containing footage on Seward which had been prepared by citizens of
Seward's Sister City, Obihiro, Japan. He stated he would take the film to the
library for the public to view.
B. City Manager stated that last year the Council had given the
Chamber of Commerce $3000 to assist with a publicity campaign. Representatives
of the Chamber had voiced interest in coming before Council with a report on
how the monies had been expended and the benefits of the campaign. Hugli, with
Council consent, stated the Chamber presentation would be scheduled for the
January 28, 1980, Council meeting.
C. Herman Leirer appeared from the audience and requested a clarification
on the State Department of Transportation's plans for road work on the Seward
Highway. City Manager stated he would obtain a report on the distance to be
covered in the upcoming road project.
XV.
ADJ OURNMENT:
The meeting was adjourned at 9:20 p.m.
The Council went into executive session in order to discuss a legal
matter.
Raymond
Mayor
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PAGE 29
REGULAR MEETING - FEBRUARY 4, 1980
VOLUME 19
1.
CALL TO ORDER:
The February 4, 1980, regular meeting of the Seward City Council, as
rescheduled from January 28, was called to order at 7:30 p.m. by Mayor Hugli.
It was noted that the required public notice on the rescheduled meeting
date had been posted and published.
II.
OPENING CEREMONY:
Councilmember Campbell led the pledge of allegiance to the flag.
IlL
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps, Soriano
and Swartz (Absent, with Council consent, were Gillespie
and Potts)
Present also: Administrative Assistant Schaefermeyer, City Engineer
Small and City Clerk Shanley
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PAGE 30
IV.
REGULAR MEETING - FEBRUARY 4, 1980
VOLUME 19
APPROVAL OF MINUTES:
It was moved by Soriano, seconded by Swartz and unanimously carried
by all those present to approve the regular meeting minutes of January 14, 1980,
as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Administrative Assistant requested that the following items be removed
from the regular meeting agenda, to be discussed at a later date:
VIII. Citizens' Discussion:
A. Seward Teen Center report
B. Chamber of Commerce 1979 Publicity Campaign - Pam Oldow
XI. New Business:
A. Seward General Hospital subsidy
At the request of the Administrative Assistant, it was moved by
Campbell, seconded by Soriano and unanimously carried by all those present to
hold an executive session immediately following adjournment of the regular
meeting, in order to discuss a legal matter.
Following discussion, it was moved by Campbell, seconded by Cripps
and unanimously carried by all those present to approve the regular meeting
agenda as amended and the consent calendar as presented and the following
actions were taken:
SEWAGE
TREATMENT:
ELECTRIC DEPT/
COMPTROLLER:
ABC B:
ELECTRIC DEPT:
ELECTRIC DEPT:
ELECTRIC DEPT:
ELECTRIC DEPT:
1. December 31, 1979, Invoice #09979 received from
Arctic Environmental Engineers regarding the
sewage treatment system, totaling $251,599.56, was
approved for payment and filed.
2. January 11, 1980, invoice totaling $2,493.67, received
from Price Waterhouse and Company, in connection with
the Electric rate study and the audit of the Federal
Revenue Sharing funds, was approved for payment and
filed.
3. January 17, 1980, letter from the Alcoholic Beverage
Control Board regarding the request for renewal of
liquor licenses for the following establishments within
the City limits, was filed without objection:
Mini Mall
Tony's Bar
Breeze Inn
Thorn's Showcase Lounge
Tony's Liquor Store
4. CH2M Hill Invoice No. 10001 dated November 26, 1979, in
the amount of $2,422.75, for services rendered relative to
the Electric Department (Progress Bill No. 15), was approved
for payment and filed.
5. CH2M Hill Invoice No. 11023 dated December 18, 1979, in the
amount of $1,576.60, for services rendered relative to the
Electric Department (Progress Bill No. 11), was approved for
payment and filed.
6. CH2M Hill Invoice No. 11024 dated December 18, 1979, in the
amount of $3,125.34, for services rendered relative to the
Electric Department, was approved for payment and filed.
7. CH2M Hill Invoice No. JA05l3 dated January 16, 1980, in the
amount of $5,197.85 for services rendered relative to the
electric rate study, was approved for payment and filed.
PAGE 31
REGULAR MEETING - FEBRUARY 4, 1980 VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
WATERFRONT
TRACTS:
8. GJR & W Construction Co., Inc. Invoice dated January 15,
1980, in the amount of $1,200 for driving three piling
at the Fourth Avenue Dock, was approved for payment and
filed.
4TH OF JULY
CREEK AREA:
I FOURTH OF
JULY CREEK AREA:
9. R & M Consultants Invoice No. 951351 dated January 16,
1980, in the amount of $665.51 for services rendered
on the Fourth of July Creek access road "p" Line survey,
was approved for payment and filed.
10. R & M Consultants Invoice No. 951329-3 dated January 16,
1980, in the amount of $267.98 for services rendered on
the Fourth of July Creek access road reconnaissance study,
was approved for payment and filed.
LOC ORGS:
11. "Application for Permit for Authorized Games of Chance and
Skill" for Calendar Year 1980 as filed by the American
Legion Post No.5 was approved for the mayor's signature.
STREETS,
RDS, HWYS:
12. January 24, 1980, letter from the State Dept. of Transportation
and Public Facilities regarding plans for the Seward Highway
road reconstruction, was noted for information and filed.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell did not have a Kenai Peninsula Borough Assembly
report to give; however, he spoke and answered questions on the Resource Develop-
ment Council seminar he attended recently in Anchorage on behalf of the City of
Seward.
VII.
PUBLIC HEARINGS:
I
INDUSTRIAL A. Public hearing was opened on Bruce Sieminski's proposal to lease
PARK City-owned Lot 10, Seward Industrial Park, for the purpose of constructing a ship
SUB: supply store, and the following items were noted:
"Notice of Public Hearing" as published
two times in the local newspaper
January 10, 1980, letter from Bruce
Sieminski, requesting to lease a parcel
of City land in the Small Boat Harbor
area
No one appeared from the audience in order to be heard and the public hearing
was closed. Administrative Assistant noted that the Harbor Commission had
considered Sieminski's request at their regular meeting of January 23 and had
made the unanimous motion to ". . . request the City Council to table action
on the Sieminski request until after the Harbor Commission's next regularly-
scheduled meeting so that the Commission could consider the total land use plan
of that end of the harbor". Hugli, with Council consent, confirmed that no
Council action would be taken until a recommendation had been received from the
Harbor Commission.
VIII.
CITIZENS' DISCUSSION:
(With prior notice only)
No one appeared from the audience at this time in order to be heard.
I
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
None
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REGULAR MEETING - FEBRUARY 4, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
RES/
SEWARD
FISH:
title only
Fisheries,
1. Copies being made available to the public, Hugli noted by
proposed resolution approving a dock license agreement with Seward
entitled:
A Resolution of the City Council of the City
of Seward, Providing for the Disposal of Pre-
ferential Use of a Portion of the Seward
Municipal Small Boat Harbor Dock
Administrative Assistant stated that the resolution as prepared by the City
Attorney and presented that evening for approval did not contain the proper
legal description of the dock areas to be leased on a preferential use basis
to Seward Fisheries. He referred to the draft lease agreement as contained
in the Council's packet of materials as having the proper legal description.
He recommended that Council approve the resolution as corrected to contain
the proper legal description. Following discussion, it was moved by Campbell,
seconded by Soriano and unanimously carried by all those present to approve
Resolution No. 80-6 as corrected.
x.
UNFINISHED BUSINESS:
WATERFRONT
TRACTS:
A. Administrative Assistant requested Council's oplnlon on the City
administration entering into negotiations with the State of Alaska ferry system
for the management of the 4th Avenue Dock facility, to fulfill the function that
Northern Stevedoring and Handling Corporation had been performing in the past.
lIe confirmed that the State now had preferential use of the facility for the
ferry and the administration would like to investigate the possibility of the
State taking over complete management of the dock. There were no objections
voiced by the Councilmembers to the administration investigating such an
arrangement with the State.
XL
NEW BUSINESS:
COMPTROLLER: A. November 5, 1979, report on the Federal revenue sharing compliance
audit as prepared by Price Waterhouse and Company was noted. Administrative
Assistant spoke and answered Council questions on the letter report.
XII.
CITY MANAGER REPORTS:
None
XIII.
COUNCIL DISCUSSION:
A. Harbor Commission report - The January 23, 1980, regular meeting
minutes of the Seward Harbor Commission were noted. Harbor Commissioner Paul
Seaton appeared from the audience and spoke on the reasons why the Commission
had requested Council to postpone any action on Bruce Sieminski's request to
lease Lot 10, Seward Industrial Park, until the Commission had developed a
land use plan for the area.
B. Planning and Zoning Commission report - None
C. Campbell thanked City employees Darryl Schaefermeyer, Thomas
Small and Karen Richardson for work they did the past week on filing an
application for the Seward General Hospital for an energy conservation grant
in the amount of $363,000.
D. Hugli, with Council consent, rescheduled the Council's regular
meeting of February 11 to February 12 in order to avoid a conflict with the
Alaska Repertory Theatre's local production of "Diamond Studs".
I
I
I
PAGE 33
VOLUME 19
REGULAR MEETING - FEBRUARY 4, 1980
XIV.
CITIZENS' DISCUSSION:
A. Ron Lewis appeared from the audience and questioned the status
of the negotiations for construction of the 4th of July Creek area shipyard.
Hugli and City Engineer spoke on the continuing negotiations.
B. Bob Valdatta appeared from the audience and spoke against the
City negotiating an agreement with the State for management of the 4th Avenue
Dock. Further, he spoke on the feasibility of pumping water from Kenai Lake
into Cooper Lake in order to provide for hydroelectric power.
C. Paul Seaton, the City of Seward's representative on the Cook
Inlet Aquaculture Corporation board, appeared from the audience and spoke on
his concerns that the board was taking action which went beyond the purview
of aquaculture and support of the multi-user concept. Following discussion,
Seaton, with Council consent, requested official direction to make a formal
objection to the board whenever, in his opinion, actions of the board had
the effect of supporting special, single interests and extended beyond the
initial purpose of the Corporation.
xv.
ADJOURNMENT:
The meeting was adjourned at 8:25 p.m.
The Council immediately went into executive session in order to
matter.
I.~/ l
HugH
tfl
;'~L
Mayor
PAGE 33
REGULAR MEETING - FEBRUARY 12, 1980
VOLUME 19
1.
CALL TO ORDER:
The February 12, 1980, regular meeting of the Seward City Council,
as rescheduled from February 11, was called to order at 7:30 p.m. by Mayor
Hugli. It was noted that the required public notice on the rescheduled meeting
date had been posted and published.
II.
OPENING CEREMONY:
Councilmember Potts led the pledge of allegiance to the flag.
IlL ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps, Potts,
Soriano and Swartz (Absent, with Council consent,
was Gillespie)
Present also: City Manager Johnson, Administrative Assistant
Schaefermeyer and City Clerk Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Campbell, seconded by Soriano and unanimously carried
by all those present to approve the regular meeting minutes of February 4, 1980,
as presented.
'; Ij
\ j .Lr
PAGE 34
REGULAR MEETING - FEBRUARY 12, 1980
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following item be removed from the
regular meeting agenda:
VIII. Citizens' Discussion:
A. Pete Minio ~ Lot 2, Block 1, Marina Subdivision, lease
Hugli requested that the following item be added to the regular
meeting agenda:
VIII. Citizens' Discussion:
E. Seward men's basketball team
At the request of Hugli, it was moved by Soriano, seconded by
Campbell and unanimously carried by all those present to hold an executive
session following adjournment of the regular meeting in order to discuss a
legal matter.
Following discussion, it was moved by Cripps, seconded by Soriano
and unanimously carried by all those present to approve the regular meeting
agenda as amended and the consent calendar as presented and the following
ac t ions were taken:
ELECTRIC:
1. January 15, 1980, Invoice No. 10049 from CH2M Hill, in
the amount of $5,535, for professional services rendered
relative to the Grant Lake hydroelectric project, was
approved for payment and filed.
ELECTRIC:
2. December 14, 1979, Invoice No. 10017 from CH2M Hill, in
the amount of $13,837.50, for professional services
rendered relative to the Grant Lake hydroelectric
project, was approved for payment and filed.
SEWAGE
TREATMENT:
3. February 1, 1980, Corps of Engineers notice of application
filed by the City of Seward to place a riprap shore pro-
tection along Lowell Point Road, to place a sewer force
main in the Small Boat Harbor area, and to install a sewage
outfall line into Resurrection Bay, was noted for information
and filed.
ABC B:
4. January 30, 1980, letter from the Alcoholic Beverage Control
Board, regarding the liquor license renewal application for
the Palace Bar and Cafe, was noted. Council directed the
administration to file an objection to the renewal of the
liquor license due to outstanding delinquent taxes.
February 1, 1980, letter from City Clerk Shanley to the
Alcoholic Beverage Control Board, objecting to the renewal
of liquor licenses for the Flamingo Lounge, Palace Bar,
Sollys Lounge and Liquor Store, and the Yukon Bar, due to
outstanding delinquent taxes, was approved by Council and
filed.
V1.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting of February 5, 1980.
VII.
PUBLIC HEARINGS:
None
ELECTRIC:
I
TAXICABS:
LOCAL
I
PAGE 35
REGULAR MEETING - FEBRUARY 12, 1980
VOLUME 19
VIII.
CITIZENS' DISCUSSION:
A. Pete Minio was not present in the audience to discuss the lease
of Lot 2, Block 1, Marina Subdivision; therefore, the item was withdrawn from
the agenda.
B. City Engineer Tom Small introduced Deborah Cone and Bill Clouter
of CH2M Hill, authors of the "Seward Electric Rate Study". Cone spoke and
answered Council questions on the summary tables as contained in the Study.
In conclusion, Cone stated it was CH2M Hill's recommendation that the City
increase its electrical rates by approximately 26.1 percent in 1980 and 15.7
percent in 1981 in order for the Seward Electric System to generate enough
revenue to meet all operating and debt service expenses, maintain an electrical
fund balance equal to at least 10 percent of gross utility plant and meet bond
coverage requirements.
C. February 6, 1980, memo and attached rate schedule from Legion
Cab proprietor Beverly Darbyshire to the City Council, requesting a rate
increase, was noted. Darbyshire appeared from the audience and spoke in
support of her requested increase, stating that the rising costs of insurance
premiums and fuel had made it economically unfeasible for her to continue to
operate the taxicabs at last year's rates. She stated the proposed rate
schedule represented an approximate increase of 50 cents per fare over the
previous year's rates. Following discussion, it was moved by Soriano, seconded
by Campbell and unanimously carried by all those present to grant the taxicab
fare increase as presented.
ORGS: D. Rita Selden, Chairman of the 1980 Student Art Show as sponsored
by the Resurrection Bay Art Guild, appeared from the audience and spoke on the
spring show. She stated she wished to offer cash prizes to the winning high
school and grade school entrants--$50 and $25 respectively. Selden explained
that the Guild would purchase the winning art works and donate them to the
schools for display. She stated she had contacted local businesses for support
of the show and to date had collected $140 in donations. She requested
financial support from the Council for the Art Show. Following discussion, it
was moved by Soriano, seconded by Campbell and unanimously carried by all those
present that the City Council contribute $150 to the Student Art Show fund.
LOCAL ORGS: E. Hugli commented on the Seward men's basketball team which was
presently in Anchorage playing in the Fur Rendezvous tournament. He stated
that the team wished to travel to Juneau to play in the State tournament and
requested Council approve funding for the players. City Manager stated there
were some funds available in the recreation budget which could be expended for
this purpose. Following discussion, it was moved by Soriano, seconded by
Campbell and unanimously carried by all those present to authorize the City
Manager to expend recreation funds at his discretion to send the team to the
Juneau tournament.
I
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. - 3. Copies being made available to the public, Hugli noted
by title only proposed ordinances rewriting Sections 2-1 through 2-46 of the
Seward City Code regarding the City administration, entitled:
No. 481 - An Ordinance Relating to the City Administration,
Repealing Sections 2'-1 Through 2-7 of the Seward
City Code
No. 482 - An Ordinance Relating to the City Administration,
Repealing Sections 2-8 Through 2-29 of the Seward
City Code
No. 483 - An Ordinance Relating to the City Administration,
Repealing Sections 2-30 Through 2-46 of the Seward
City Code
I.j....
>P'
BUDGET:
SEWARD
FISHERIES:
HOSPITAL:
PAGE 36
REGULAR MEETING - FEBRUARY 12, 1980
VOLUME 19
IX.
(cont'd)
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: (cont'd)
City Manager recommended that the public hearings on the ordinances be scheduled
for the Council meeting of March 24, 1980, in order to allow time for the Counci1-
members to hold a work session to study the ordinances in more detail. Following
discussion, it was moved by Soriano, seconded by Cripps and unanimously carried
by all those present to introduce proposed Ordinance No. 481, 482 and 483 and
schedule the public hearings for March 24, 1980.
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions: None
x.
UNFINISHED BUSINESS:
None
XL
NEW BUSINESS:
A. The following proposals for the audit of the City's books for
fiscal year 1979-80 were noted:
Coopers & Lybrand
Mikunda, Cottrell & Company
Peat, Marwick, Mitchell & Company
Price Waterhouse & Company
City Manager recommended that the Council approve the proposal as submitted
by Price Waterhouse. Hug1i voiced objection to the late date of the completion
of the previous year's audit and stated that Price Waterhouse, if selected,
should be made to submit a time schedule for completion of the audit which
would be acceptable to the Council. Following discussion, it was moved by
Campbell, seconded by Swartz and unanimously carried by all those present to
stay one more year with Price Waterhouse and evaluate it next year, with
them giving Council a time frame for completing the audit.
B. February 5, 1979, lease between the City of Seward and Seward
Fisheries for Lot 15, Seward Industrial Park, was noted. It was further noted
that the lease contained a January 31, 1980, deadline for submittal of con-
struction plans for a bottom fishing processing facility on the parcel.
Don Hansen, Seward Plant Manager for Seward Fisheries, appeared from the audience
and requested a year's time extension due to the recession presently underway
in the bottom fishing industry which made it economically unfeasible to construct
such a facility at this time. In answer to a question from Potts, City Manager
stated there had been no interest voiced in the parcel by any other party.
Following discussion, it was moved by Potts, seconded by Swartz and unanimously
carried by all those present to grant Seward Fisheries a one year's extension
in providing the City Council with plans for the development of that property.
C. City Manager stated that the City owned Seward General Hospital
and leased the facility to the hospital board, a non-profit corporation, at a
nominal yearly fee. He stated that the hospital was experiencing financial
difficulties and recommended that the Council consider acting favorably upon
the grant of a $50,000 appropriation to the hospital. Campbell stepped down
from the dais and spoke from the audience as hospital administrator on the
desire to maintain local control of the facility and the need for short-term
financial assistance. He stated the hospital board was currently working on
a solution to the long-term financial problems but needed funds to keep the
facility operational through June 1980. Ruth McHenry, Brent Whitmore and George
Mueller appeared from the audience and spoke in support of the City assisting
the hospital financially. Following discussion, Hugli, with Council consent,
scheduled a February 25, 1980, public hearing on the granting of the requested
funding to the hospital.
PERSONAL
PROPERTY/
LOC ORGS:
I
.) !
PAGE 37
REGULAR MEETING - FEBRUARY 12, 1980
VOLUME 19
XI1.
CITY MANAGER REPORTS:
A. City Manager stated that the City owned a 1974 automobile which
was scheduled for surplus. He reported that the Seward Council on Alcoholism
and Community Services (SCACS) was in need of transportation. He stated if
there was no Council objection he would allow SCACS to use the vehicle, with
the City providing the insurance and the SCASC to be responsible for fuel and
maintenance; there was no objection voiced by Council.
B. City Manager distributed a map of the Jesse Lee H6me area and
stated that a tentative proposal had been submitted to the administration for
the use of the abandoned buildings as a summer college. He stated the developers
planned to rebuild the structure at their own expense and were interested in a
long-term lease with the City for the buildings and a small portion of the adjacent
lands. Hugli, with Council consent, stated the Council had no objections to
the City Manager proceeding with preliminary negotiations for Jesse Lee Home.
4TH OF JULY C. Administrative Assistant requested Council approval of a bill in
CREEK: the amount of $3740 to R & M Consultants, Inc. for work done by a local sub-
contractor on the 4th of July Creek area access road. He stated the bill
represented a $1063 oVer-run on the allocated project costs of $32,670. Following
discussion, it was moved by Hugli, seconded by Soriano and unanimously carried
by all those present to approve the bill of $3740 to R & M Consultants.
XIII.
COUNCIL DISCUSSION:
A. January 23, 1980, Harbor Commission recommendation that the City
administration proceed with obtaining a long-term lease or land transfer of
the Alaska Railroad right-of-way in the harbor area was noted. City Manager
confirmed that the administration was continuing negotiations on the matter.
HARBOR COMSN: B. It was noted that the terms of Harbor Commissioners Binder, Dunham,
Hudspeth and Pruitt expired in February 1980, and all had asked to be reappointed.
Hugli, with Council consent, confirmed the reappointment of the Commissioners.
I
ORIGINAL
TOHNSITE:
I
C.
Planning and Zoning Commission report - None
that the
that the
D.
City
City
Swartz stated that she had received a request for a local citizen
crews sand the hospital parking area more often. Campbell reported
was doing a good job in trying to keep the hospital area sanded.
E. Campbell stated that something should be done about the historical
house which had been moved from its permanent location and was now temporarily
placed at the south end of 3rd Avenue on the Waterfront Tracts.
XIV.
CITIZENS' DISCUSSION:
A. Ronnie Lewis appeared from the audience and presented a letter dated
February 11, 1980, and "Decision and Order" signed January 23, 1980, relative to
the legal action Ronnie L. Lewis vs. Board of Adjustment of the City of Seward,
Alaska, and Daren E. Miller, d/b/a Miller Company, on the proposed construction
of an apartment complex on Lots 26-30, Block 22, Original Townsite of Seward.
At the request of Lewis, Hugli directed the City Clerk to read in full the two
documents. City Manager advised that no discussion take place on the matter
due to the absence of the City Attorney.
B. Bob Valdatta appeared from the audience and spoke on the bottom
fishing industry and various other matters.
C. Jean Cripps, member of the Seward Volunteer Ambulance Corps,
appeared from the audience and stated that the doors at the new senior citizens'
housing complex were electrically operated and they would be locked from the
inside if the power went off. She stated the Corps members needed a means to
get into the building to reach a patient during an emergency. City Manager
stated he would contact ASHA, the project developers, regarding a solution to
the problem.
D. Paul Seaton appeared from the audience and stated that last week's
newspaper had paraphrased his comments before the Council meeting of February 4,
stating that the Cook Inlet Aquaculture Board was not doing any good. He stated
that was not what he thought he had said nor what he intended to say and hoped
he had not left that impression with Council.
.~x
PAGE 38
REGULAR MEETING - FEBRUARY 12, 1980
VOLUME 19
XV. ADJOURNMENT:
The meeting was adjourned at 9:56 p.m.
The Council immediately went into executive session to discuss a
7 (l I "l
..~~ ... ~
~.., / I
Raymon L. Hugli
Mayor
PAGE 38
REGULAR MEETING - FEBRUARY 25, 1980
VOLUME 19
1.
CALL TO ORDER:
The February 25, 1980, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Hug1i.
II.
OPENING CEREMONY:
Councilmember Potts led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps,
Gillespie, Potts, Soriano and Swartz
Present also: City Manager Johnson, City Attorney Jarrell,
Administrative Assistant Schaefermeyer and
City Clerk Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Campbell, seconded by Swartz and unanimously carried
to approve the regular meeting minutes of February 12, 1980, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
seconded by
immediately
matters.
At the request of the City Manager, it was moved by Soriano,
Potts and unanimously carried to hold an executive session
following the meeting, in order to discuss personnel and legal
City Manager requested that the following additions be made to
the regular meeting agenda:
VIII. Citizens' Discussion:
A. William R. Lovern of Arthur Young & Company - City
of Seward 1979-80 audit
B. Kathleen Putman - Seward Teen Center
C. CH2M Hill - Grant Lake hydroelectric feasibility
study
1,.-'
PAGE 39
REGULAR MEETING - FEBRUARY 25, 1980
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
IX. Ordinances and Resolutions:
A. Ordinances for Introduction:
1. Proposed Ordinance No. 484 regarding the setting
of electric power rates by resolution
I
C. Resolutions:
4. Proposed Resolution No. 80-10 awarding the
contract for construction of an electric
substation and switching station
XIII. Council Discussion:
D. Harbor Commission report
City Manager requested that the following item be added to the
consent calendar:
4. "Application for Permit for Authorized Games of Chance
and Skill" for calendar year 1980, as filed by the
Wesleyan-General Volunteer Hospital Auxiliary - Approve
for mayor's signature
Following discussion, it was moved by Gillespie, seconded by Potts
and unanimously carried to approve the regular meeting agenda and consent
calendar as amended and the following actions were taken:
I
1. February 11, 1980, letter from the Alcoholic Beverage Control
Board, noticing of renewal of liquor license application as
submitted by the Pioneer Bar and Liquor Store, was filed
without objection.
ABC B:
ABC B:
2. February 13, 1980, letter from the Alcoholic Beverage Control
Board, noticing of renewal of liquor license application as
submitted by the Flamingo Lounge, was filed with objection
due to outstanding, delinquent taxes.
ABC B:
3. February 15, 1980, letter from the Alcoholic Beverage Control
Board, noticing of renewal of liquor license applications as
submitted by the American Legion Post #5 and the Pizza Apollo,
was filed without objection.
LOC ORGS:
4. "Application for Permit for Authorized Games of Chance and
Skill" for calendar year 1980, as filed by the Wesleyan-
General Volunteer Hospital Auxiliary, was approved for the
mayor's signature.
V1.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting of February 19, 1980.
VII.
PUBLIC HEARINGS:
I
HOSPITAL: A. Public hearing was opened on the proposal to grant a $50,000
cash subsidy to the Seward General Hospital, and "Notice of Public Hearing"
as published two times in the local newspaper and posted, was noted. No
one appeared from the audience in order to be heard and the public hearing
was closed. Campbell and Cripps stated that they would abstain from voting
on the question due to the fact that they derived income from the hospital.
(see also IX. C. 3., page 41 )
,~n
BUDGET:
WATERFRONT
TRACTS:
PAGE 40
REGULAR MEETING - FEBRUARY 25, 1980
VOLUME 19
VIII.
CITIZENS' DISCUSSION:
A. William R. Lovern of the Anchorage office of Arthur Young & Company,
appeared from the audience and reported that his firm had been solicited by the
City of Seward to submit a proposal for the performance of the City's audit for
fiscal year 1979-80. He stated that in mid-January he had contacted City
Comptroller Burt Baugh regarding the audit proposal and Baugh had verbally
informed him that a deadline date for submittal of the proposals had not yet
been established due to all the road closures. Lovern stated Baugh assured
him that all the auditing firms solicited for proposals would be informed by
mail when a deadline date had been set. Lovern said he had never received
notice of the deadline for receipt of the proposals; however, when he arrived
in Seward on February 13 to hand-deliver Arthur Young's proposal, he had been
informed by Darryl Schaefermeyer that the Council had considered the audit
proposal the previous evening and had elected to continue with the services
of Price Waterhouse & Company. In conclusion, Lovern stated Arthur Young's
estimated fee represented a 23-37 percent savings as compared to the
estimated fee quoted by Price Waterhouse and urged the Council to review and
consider the proposal. (see also XL A., page 42 )
B. Kathleen Putman, Director of the Seward Teen Center, appeared
from the audience and gave a verbal report on the operation of the Center and
the number of local Seward teens using the facility. She confirmed that the
Center had received funding to keep it operational through October 31, 1980.
Following discussion, Campbell, with Council consent, requested a verbal
report from Putman on a quarterly basis.
RECESS: The meeting was recessed at 8:00 p.m.; reconvened at 8:10 p.m.
ELECTRIC: C. Messrs. Ron Reiland and Jack West of CH2M Hill appeared from
the audience and gave a verbal presentation on the "Feasibility Assessment -
Hydropower Development at Grant Lake - Review Draft" dated February 1980,
which the engineering firm had prepared for the City of Seward and funded by
a Coastal Energy Impact Program (CEIP) grant. West displayed transparencies
which compared the anticipated future per-megawatt costs of power obtained
from Bradley Lake, Chugach Electric Association and Grant Lake, and he spoke
on the estimated future energy needs of Seward. In conclusion, West stated
that the recommendations of CH2M Hill were that the Council consider pro-
ceeding with the $29 million project through the Federal Energy Regulatory
Commission (FERC) permit/license application phase and to try to fund the
application process with grant monies. He further recommended that the City
approach the Alaska Power Authority in order to try to interest them in going
forward with the project. He stated that Council need not make a decision
immediately; however serious consideration should be given to planning for
the City's future energy needs by tapping the most economical electrical
sources which could be made available.
ELECTRIC/
ORDS:
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies being made available to the public, Hugli noted by
title only proposed ordinance which would provide for the establishment of
electrical rates by Council resolution rather than by ordinance, entitled:
An Ordinance Relating to Schedule of
Rates for Electric Power
Following discussion, it was moved by Soriano, seconded by Campbell and
unanimously carried to introduce proposed Ordinance No. 484 and schedule
a public hearing for March 24, 1980.
B. Ordinances for Public Hearing and Enactment
None
C. Resolutions:
SEWAGE TRTMT/ 1. - 2. Copies being made available to the public, Hugli noted
RES: by title only proposed resolutions regarding the City's secondary sewage
treatment facility, entitled:
"l_A
PAGE 41
REGULAR MEETING - FEBRUARY 25, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
SEWAGE TRTMT/ C. Resolutions: (cont'd)
RES:
(cont'd) (proposed Resolution No. 80-7)
I
A Resolution Authorizing the City Manager
to Sign All Applications, Grant Agreements
and Amendments, and Other Documents Relating
to Wastewater Facilities Planning and Con-
struction Grants
(proposed Resolution No. 80-8)
A Resolution Committing the City of Seward
to Establish an Industrial Cost Recovery
System When Required
I
City Manager requested that prior to Council consideration of the two resolutions
Sidney Clark and Willem VanHemert of Arctic Environmental Engineers (AEE), the
City's engineers for the sewage treatment project, be allowed to give a report
on the status of the project, including current cost estimates. VanHemert
distributed a two-page cost breakdown of the sewage treatment project and
displayed charts which itemized the April 1978 total project cost estimate of
$6,312,240 and compared it with the February 1980 project cost estimate of
$7,452,038. Clark and VanHemert spoke and answered Council questions on the
planned aerated lagoon to be located on property which had already been purchased
by the City in the Lowell Point area. In conclusion, VanHemert listed AEE's
recommendations to the Council as follows: 1) to approve the Environmental
Protection Agency (EPA) Step III grant application at the increased project
cost estimate of $7,452,038; 2) to approve Resolution No. 80-7 and 80-8,
requirements of the EPA grant application; 3) to approve an addendum to the
City's original agreement with AEE for the wastewater treatment facility,
providing for construction-management services; and 4) to establish sewer
user rates in the near future.
Following discussion, it was moved by Gillespie, seconded
by Soriano and unanimously carried to approve Resolution No. 80-7.
It was moved by Gillespie, seconded by Soriano and unanimously
carried to approve Resolution No. 80-8.
It was moved by Soriano, seconded by Campbell and unanimously
carried to authorize the City Manager to apply for a grant for $7,452,000 for
the sewage treatment plant.
HOSPITAL/
BUDGET/
RES:
3. Copies being made available to the public, Hugli noted by
title only proposed resolution granting a $50,000 subsidy to Seward General
Hospital and amending the City budget, entitled:
A Resolution Appropriating Monies From the
General Fund Balance to the Mayor and Council
Contingency Fund for the Purpose of a Subsidy
to the Seward General Hospital
It was moved by Soriano, seconded by Swartz and carried as follows to approve
Resolution No. 80-9:
I
Ayes:
Noes:
Absent:
Abstain:
Gillespie, Hugli, Potts, Soriano and Swartz
None
None
Campbell and Cripps
(see also VII. A., page 39)
4/
ELECTRIC/
RES:
BUDGET:
SISTER
WATER:
PAGE 42
REGULAR MEETING - FEBRUARY 25, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
4. Copies being made available to the public, Hugli noted by
title only proposed resolution awarding the contract for construction of an
electric substation and switching station, entitled:
A Resolution Accepting Bids and Awarding
the Contract for the Construction of
Seward Substation and Mile 24 Switching
Station
City Manager, with Council consent, requested that the evening meeting be
recessed following completion of all other agenda items except this resolution;
and that the Council reconvene the following day at 11:00 a.m. to discuss the
electric system improvements. (see also IX. C. 4., page 45)
X.
UNFINISHED BUSINESS:
None
RECESS:
The meeting was recessed at 9:40 p.m.; reconvened at 9:47 p.m.
XI.
NEW BUSINESS:
A. February 18, 1980, letter from Arthur Young & Company regarding
the audit proposal for fiscal year 1979-80 was noted. In answer to a question
from Gillespie, City Manager stated it was his understanding that the Council had
chosen to retain Price Waterhouse, even though the firm's fee was higher than
other audit proposals submitted, due to the City's conversion to a computer
system and Price Waterhouse's familiarity with the City's books and the new
computer system. Cripps stated it was unfortunate that shortcomings in the
City's bid solicitation process had caused confusion and he stated that such
shortcomings should be corrected by the administration. There was no Council
response to Hug1i's question if it was the wish of Council to reconsider the
February 12 action to retain Price Waterhouse for the performance of the
City's audit for fiscal year 1979-80. Hugli addressed Lovern and apologized
for the misunderstanding and confusion but confirmed Council's wish to uphold
its earlier decision to retain Price Waterhouse for the upcoming City audit.
(see also VIII. A., page 40)
CITY:
regarding
was noted.
a gift and
arrival in
B. February 18, 1980, letter from the Baranof Bluegrass Band
its tour of Japan and visit to Seward's Sister City, Obihiro,
Hug1i, with Council consent, recommended the Council purchase
he would write a short message, for the Band to deliver upon its
Obihiro.
XII.
CITY MANAGER REPORTS:
A. City Manager stated he had been approached by a councilmember
and asked to investigate the costs of having the Seward water tested for
carcinogens, specifically asbestos, due to the use of asbestos pipe in the
area. He stated he had made initial investigations and an estimated $15,000
would be required to have a complete test done of the Seward water. Gillespie
stated he had requested the water test due to a problem in Whitehorse where a
high incidence of cancer had been linked to the presence of asbestos in the
water supply. City Engineer Small appeared from the audience and stated the
Whitehorse incident had been investigated thoroughly and the facts were that
Whitehorse, for many years, was the export center for a raw asbestos cement
product and the dust generated from the transport activity had been sited as
the source and cause of the cancer problem, not the use of asbestos water
pipe. He explained that there were four types of asbestos, two that were
cancer-causing and two that were not; he confirmed that the type of asbestos
widely used in water pipe was of the non-cancer-causing variety. In conclusion,
he stated the City administration was seeking grant sources to fund the water
tests. Hugli, with Council consent, supported the administration's efforts
to investigate and research the background of the alleged problem.
PAGE 43
REGULAR MEETING - FEBRUARY 25, 1980
VOLUME 19
XI1.
CITY MANAGER REPORTS:
(cont'd)
B. City Manager reported that Bud Schultz of Chugach Electric
Association would be in Seward on Wednesday, February 27, to discuss a
wholesale power agreement. He invited the Councilmembers to attend the
meeting.
4TH OF JULY C. City Manager stated he needed Council's official approval of
CIK AREA: the Letter of Intent between the City of Seward and VECO regarding the
construction of a shipyard at the Fourth of July Creek industrial park, as
signed February 15, 1980. It was moved by Soriano, seconded by Cripps and
unanimously carried to authorize the City Manager to sign the Letter of
Intent with VECO.
ORIGINAL
TOWNSITE:
D. City Attorney referred Council to the February 11, 1980, letter
from Ronnie L. Lewis which had been hand-delivered by Lewis at the February
12 Council meeting. The letter pertained to the City's issuance of a conditional
use permit for construction of an apartment complex on Lots 26-30, Block 22,
Original Townsite, as owned by Daren E. Miller. Lewis owned property adjacent
to the Miller property and objected to the subject construction. City Attorney
reviewed each of the six specific requests made by Lewis in the letter and
gave a legal recommendation on each item. In conclusion, he stated that all
requests were either untimely or non-supportive and recommended Council take
no action at this time. In answer to a question from Cripps, City Attorney
stated the Superior Court of the State of Alaska had not yet decided whether
or not the City had properly issued the conditional use permit granted Miller.
Lewis appeared from the audience and invited the councilmembers to his residence
to view the improper alley grade and the cracked basement wall, two grievances
addressed in his letter. (see also XIV. A., page 44)
XII 1.
COUNCIL DISCUSSION:
A. The following items were noted as to the vacancies on the Seward
Planning and Zoning Commission:
PLANNING & ZONING
I CCMSN: Advisory
I
February 20, 1980, memo from the City Clerk,
listing the names of those commissioners
whose terms had expired and the names of
those citizens submitting applications for
the vacancies
"Notice of Vacancy - Advisory Planning and
Zoning Commission" as published three times
in the local newspaper
"Application for Commission Appointment" as
received from:
Donald H. Hansen
Mary F. Lewis
Thomas G. Reese
Douglas A. Spanier
City Clerk noted that Dean Williams had requested that he be considered for
reappointment to the Commission. Hugli confirmed that there were three
positions available and five applicants. The councilmembers cast secret
ballots, each voting for three individuals. The City Clerk tallied the votes
and reported that Donald Hansen, Douglas Spanier and Dean Williams had received
the highest number of votes. Hugli, with Council consent, confirmed the
appointment of Hansen, Spanier and Williams to the Seward Advisory Planning
and Zoning Commission.
B. Hugli, with Council consent, scheduled a Council work session
for Wednesday, March 5, commencing at 7:00 p.m., in order to review proposed
Ordinance No. 481, 482 and 483, revising the administrative chapter of the
City Code.
i -1'
~t "'-"
PAGE 44
REGULAR MEETING - FEBRUARY 25, 1980
VOLUME 19
XIII.
COUNCIL DISCUSSION: (cont'd)
AK, ST OF: C. A portion of the October 22, 1979, Council meeting minutes regarding
shipping on the Kenai Peninsula, was noted. Gillespie asked if the administration
had done any research on the use of the Seward port for cargo bound for the
Peninsula. Administrative Assistant reported that he had recently met with
Bob Pollock, Agriculture Management Specialist from the Governor's office,
regarding a port of export for the Delta barley project, and the initial
assessment was that Seward was classified as the most likely export location
for the 10,000 tons of grain expected in 1980. He stated Pollock had requested
a statement of interest from the City in support of Seward as the export site.
Potts stated he had also met with Pollock on the question of the pneumatic
system which blew the grain into the ships possibly damaging the individual
grain husks; he confirmed that the system was being investigated to see if
it could handle the grain product. Following discussion, Gillespie, with
Council consent, requested that a resolution supporting Seward as the export
site for the barley project be drafted for Council consideration. (see also
XIII. C. cont'd, below)
D. City Manager stated he needed Council direction on the request
made by the Harbor Commission for an explanation of the audit as it related
to the Harbor enterprise fund. Paul Seaton, Harbor Commissioner, appeared
from the audience and stated the two specific areas of the audit questioned
involved the non-operating expense interest charge of $18,000 and the accounting
of the funds received from the sale of the previous boat lift. Gillespie
stated the Commission should condense their requests to written questions
which could be sent to the auditors for answers.
E. Campbell stated the Council should be thinking about Seward
as the possible termination port for the natural gas pipeline due to the
problems which are arising with the Canadian route.
CITIZENS' DISCUSSION:
XIV.
A. Ronnie Lewis appeared from the audience and again invited the
councilmembers to come to his residence to view the improper grading of the
alley adjacent to his property, as well as the cracked basement wall,
allegedly caused by the construction on Lots 26-30, Block 22, Original
Townsite. Gillespie, with Council consent, requested that the City Manager
have the Public Works foreman check the alley grade to which Lewis referred.
B. Bob Valdatta appeared from the audience and spoke on the need
for a port director for Seward.
C. In answer to a question from Jean Cripps, City Manager stated he
had not yet contacted ASHA for a solution to the problem of the doors at
the senior citizens' housing project locking during a power outage, thus
causing serious delay problems for the Ambulance Corps. Hugli stated the item
should be placed on the Council's next agenda if an answer was not forthcoming
the following day at the reconvened meeting. (see also XIV. C. cont'd, page 46)
RECESS:
The meeting was recessed at 10:50 p.m., at which time Council went into
executive session to discuss personnel and legal matters; reconvened at
11:00 a.m. February 26, 1980.
COUNCIL DISCUSSION: (cont'd)
XIII.
AK, ST OF:
(cont'd)
C. (cont'd - see above)
City Manager distributed and read in full a draft resolution
regarding the export of grain from the Delta barley project through the
Seward port, entitled:
A Resolution of the City Council of Seward,
Alaska, Supporting the Movement of Grain
From the Delta Barley Project Through the
Port at Seward
AK, ST OF:
(cont'd)
I
ELECTRIC/
RES:
I
I
PAGE 45
REGULAR MEETING - FEBRUARY 25-26, 1980
VOLUME 19
XIII.
COUNCIL DISCUSSION:
(cont'd)
City Manager stated that the resolution could not be formally approved until
it had been placed on a regular meeting agenda; however, he requested an
affirmative poll of the Council's support so the resolution could be forwarded
to Bob Pollock to assist him in his efforts. Councilmembers gave a verbal
consensus supporting the resolution and it was noted that the document would
appear as an agenda item for the Council meeting of March 10, 1980.
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
4. Copies being made available to the public, City Manager
distributed to the Council corrected copies of a proposed resolution awarding
the contract for construction of electrical system improvements, entitled:
A Resolution Accepting Bids and Awarding
the Contract for the Construction of
Seward Substation and Mile 24 Switching
Station
City Manager stated that due to a drastic downturn in the bond market in the
past few days, the City was unable to market its $1.7 million general obliga-
tion bonds for the Seward Electric' System improvement& at a rate not to exceed
7.5 percent, as approved by the voters in the October 1979 general municipal
election. He stated the administration recommended the scheduling of a new
bond election for the issuance of revenue bond~ to take the place of the
general obligation bond issue. Paul Arnett, First Southwest Company, the
City's financial advisor, appeared from the audience and spoke on the erosion
which had recently taken place in the bond market and which prohibited the
City from issuing its general obligation bonds at an acceptable interest rate.
He stated that due to new interpretations of Coastal Energy Impact Program (CEIP)
funding regulations, it appeared that the City could still obtain grant monies
with the issuance of revenue bonds, and such a change from a general obligation
bond issue would be to the City's benefit. City Engineer Tom Small appeared
from the audience and spoke on the progress the City administration had made
in the background work necessary for the bond issue and CEIP grant application.
City Manager stated he would like to send the City Engineer and Administrative
Assistant to Washington D.C. the following week in order to meet with CEIP
officials regarding project funding. Arnett explained that the revenue bond
issue would exceed $1.7 million by the amount of reserves required of such a
bond issue--approximately 10 percent of the issue amount.
Following discussion, it was moved by Campbell, seconded by
Gillespie and unanimously carried to authorize a revenue bond election, to
finance the electrical improvements, of approximately $1.7 million in construction
funds and necessary reserves to fund the average annual principal and interest,
with the proviso that the general obligation bond issue will be cancelled upon
the passage of the revenue bond issue.
Regarding the resolution presented for approval, City Manager
stated the engineer's estimate for the project had been $635,000; and Fishbach
and Moore, the lowest, fully-responsive bidder, had submitted a price of $524,695.
He recommended Council approval of the resolution. Following discussion, it was
moved by Potts, seconded by Swartz and unanimously carried to approve Resolution
No. 80-10.
XIII.
COUNCIL DISCUSSION:
(cont'd)
COUNCIL: F. Potts stated he had submitted his letter of resignation from
the Council. Hugli read in full the letter dated February 25, 1980. Following
discussion, it was moved by Campbell, seconded by Gillespie and carried as
follows to accept Larry Potts' resignation:
Ayes:
Noes:
Absent:
Abstain:
Campbell, Cripps, Gillespie, Hugli, Soriano and Swartz
None
None
Potts
,1 f;
PAGE 46
REGULAR MEETING - FEBRUARY 25-26, 1980
VOLUME 19
XIV. CITIZENS' DISCUSSION: (cont'd)
C. (cont'd - see XIV. C., page 44)
City Manager reported that a key to the fire doors at the senior
citizens' housing project had been made available to the Ambulance Corps.
XII. CITY MANAGER REPORTS: (cont'd)
E. City Manager stated he had received a request from the Borough
to have the dump road closed to traffic from 7:00 p.m. until 7:00 a.m. daily
while the Borough was doing wor~which included blasting, on the landfill.
Hugli, with Council consent, approved the road closure.
XIII.
COUNCIL DISCUSSION: (cont'd)
G. Hugli asked to be excused from the March Council meetings because
he would be out of town.
XV. ADJOURNMENT:
was adjourned at 11:34 a.m.
PAGE 46
REGULAR MEETING - MARCH 10, 1980
VOLUME 19
1.
CALL TO ORDER:
The March 10, 1980, regular meeting of the Seward City Council was
called to order at 7:30 p.m. by Vice Mayor Gillespie.
11. OPENING CEREMONY:
Councilmember Soriano led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Vice Mayor Gillespie; Councilmembers Campbell,
Cripps, Soriano and Swartz (Absent, with Council
consent, was Mayor Hug1i)
Present also: City Manager Johnson, City Attorney Jarrell and
City Clerk Shanley
PROCLAMATION:
City Clerk read in full City of Seward Proclamation, declaring
March 9-15, 1980, as "Older Worker's Week" and Vice Mayor Gillespie
so proclaimed.
IV. APPROVAL OF MINUTES:
It was moved by Soriano, seconded by Campbell and unanimously carried
by all those present to approve the regular meeting minutes of February 25-26,
1980, as written.
PAGE 47
REGULAR MEETING - MARCH 10, 1980
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following item be added to the consent
calendar:
3. December 31, 1979, bill from Cranston, Walters, Dahl
& Jarrell, as received March 6, 1980, for legal
services rendered, totaling $2,469.26
I
It was moved by Soriano, seconded by Campbell and unanimously carried
by all those present to approve the regular meeting agenda as presented and the
consent calendar as amended and the following actions were taken:
ELECTRIC:
1. February 15, 1980, Invoice No. 10063 from CH2M Hill
in the amount of $8,856 for engineering services
rendered relative to the Grant Lake hydroelectric
project, was approved for payment and filed.
LOC ORGS:
2. "Application for Permit for Authorized Games of
Chance and Skill" for calendar year 1980, as filed
by the American Legion Auxiliary, was approved for
the Mayor's signature and filed.
C ATTORNEY:
3. December 31, 1979, bill from Cranston, Walters, Dahl
& Jarrell, as received March 6, 1980, for legal
services rendered, totaling $2,469.26, was approved
for payment and filed.
V1.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting of March 4, 1980.
I
VII.
PUBLIC HEARINGS: None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
LOC ORGS/ A. Pam Oldow appeared from the audience and gave a report on the
BUDGET: Seward Chamber of Commerce 1979 publicity campaign, to which the City had
donated $3,000. She stated that the public relations firm of Murray, Bradley
and Rockey had been retained to help Seward gain a high profile of visibility
and the firm's efforts could partially be credited for Seward businesses realizing
an increase in sales of 50-60 percent, even though the Seward Highway had been
closed during a major portion of the summer. Oldow requested that the Council
allocate $4,000 from the fiscal year 1980-81 budget for continuation of the
publicity campaign; she confirmed that the Chamber of Commerce would also
donate $4,000 and it was estimated that an additional $2,000 would be received
from other donations. In response to a comment from Bob Valdatta, present in
the audience, Campbell requested that the Chamber and City administration
investigate the possibility of producing a video program about Seward, to be
made available to various agencies. Following discussion, it was moved by
Soriano, seconded by Swartz and unanimously carried by all those present to
earmark $4,000 as the City's contribution to the public relations advertising
campaign by Murray, Bradley and Rockey.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
I
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
AK, ST
RES:
OFf 1. Copies being made available to the public, Gillespie noted
by title only proposed resolution supporting Seward as the port of export for
the Delta Barley Project, entitled:
A Resolution of the City Council of Seward,
Alaska, Supporting the Movement of Grain
From the Delta Barley Project Through the
Port at Seward
,
'\
PAGE 48
REGULAR MEETING - MARCH 10, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
AK, ST OFf
RES:
(cont'd)
Following discussion, it was moved by Soriano, seconded by Cripps and unanimously
carried by all those present to approve Resolution No. 80-11.
X.
UNFINISHED BUSINESS: None
XL
NEW BUSINESS:
SPEC COM
SISTER
CITY:
EVENTS/ A. February 23, 1980, letter from A & P Tours, Inc. regarding the
participation of the Obihiro Amateur Stage Band in Seward's 4th of July
activities, was noted. It was moved by Campbell, seoonded by Swartz and
unanimously carried by all those present to extend an invitation for the
Obihiro Amateur Stage Band to perform at the July 4 ceremonies.
TELEVISION: B. Channel 2 Translator Maintenance Contract "Intent of Proposal"
between the City of Seward and Messrs. Frank Spadero and Dick Lowman, at $35,000
per year, was noted. City Manager stated Spadero and Lowman planned on placing
new equipment at the Mt. Wolcott site, hence the $10,000 penalty clause for
cancellation of the agreement in less than three years. He reported that if
the City charged television customers $5 per month, the City could maintain the
Channel 2 translator, pursuant to the draft contract, as well as the satellite
station. In answer to a question from Soriano, City Manager replied that the
City did not have to go out to bid on the contract due to the specialized
services to be provided. City Manager recommended that Council authorize him
to negotiate a contract with Spadero and Lowman. Following discussion, it was
moved by Campbell, seconded by Gillespie and unanimously carried by all those
present to instruct the administration to enter into negotiations to consummate
a television management contract as discussed.
XII.
CITY MANAGER REPORTS:
C HALL:
A. City Manager read in full February 28, 1980, letter from the
State Department of Labor regarding upgrading offices in the municipal building
to accommodate the handicapped. He recommended that Council authorize him to
respond to the letter by informing the Department of Labor that the City planned
no modifications to the municipal building at this time. Gillespie stated
that the State should be asked if they had funding available to cover the
costs of modifications for handicapped access as requested in the letter.
Following discussion, Gillespie, with Council consent, requested the administra-
tion obtain an estimated cost of providing a ramp to the first floor level of
City Hall. It was moved by Soriano, seconded by Campbell and unanimously carried
by all those present to authorize the City Manager to inform the Department of
Labor that no modifications were planned for the municipal building.
C COMPTROLLER: B. City Manager reported that the City had advertised for a Finance
Director and he had interviewed applicants and requested Council approval to
hire Joseph Gale, currently the Comptroller for Hope Cottages in Anchorage.
It was moved by Soriano, seconded by Campbell and unanimously carried by all
those present to authorize the City Manager to hire Joseph Gale as the Finance
Director for the City of Seward.
C. City Manager stated the City Administrative Assistant and Engineer
had traveled to Washington D.C. the previous week on City business and had
received assurance that NOAA would make a direct loan of $1.7 million to the
Alaska Municipal Bond Bank to cover the cost of the City's electric system
improvements bond issue, with a guaranteed interest rate not to exceed 7y, percent. -
Small appeared from the audience and spoke on discussions held with representa-
tives of the offices of State Senators Stevens and Gravel, as well as Repre-
sentative Young, regarding repair of the Lowell Creek Diversion Tunnel. Further,
Small and Schaefermeyer had met with representatives of the Rural Electrifica-
tion Association regarding the City's negotiations with Chugach Electric
Association for a wholesale power contract. Small also reported that CEIP
officials had stated that the public facility planned for the 4th of July Creek
area appeared to be an eligible project for low-interest loan support from
the Program.
.O.,i '-'
PAGE 49
REGULAR MEETING - MARCH 10, 1980
VOLUME 19
XII.
CITY MANAGER REPORTS:
(cont'd)
STREETS,
RDS,
HWYS:
I
D. City Manager reported that he would be meeting with Maury Wilson
of the State Department of Transportation on Thursday, March 13, regarding the
4th of July Creek access road, for which a supplemental appropriation in the
amount of $4 million had been presented to the Legislature. He stated that $4
million was more than what was needed for the project and, with Council consent,
recommended approving the expenditure of $.5 million of the funds for the paving
of Nash Road. Further, he reported that supplemental appropriations had also
been submitted for Lowell Point Road, in the amount of $1 million, and for
Resurrection River Road, in the amount of $50,000.
E. City Manager reported that the City had lost a motor in Well No. 1
and repair was planned as soon as possible, at an estimated cost of $3,500 to
$10,000 depending on whether it would be necessary to replace the motor.
F. City Manager, with Council consent, requested permission to attend
the spring meeting of the Alaska City Manager's Association, to be held in Juneau
on March 24-25, 1980.
XIII.
COUNCIL DISCUSSION:
KPB:
A. February 27, 1980, letter from the Kenai Peninsula Rural Development
Council, requesting support of the following resolutions, was noted:
KPRDC Resolution 80-1
A Resolution of the Kenai Peninsula Rural
Development Council Supporting Development
of Ports and Harbors in the Kenai Peninsula
Borough
KPRDC Resolution 80-2
I
A Resolution of the Kenai Peninsula Rural
Development Council Supporting the Efforts
of Representative Hugh Malone in Seeking
State of Alaska Funding for an Industrial
Water Line to the Central Peninsula Industrial
Areas and Other Areas of Need
Following discussion, it was moved by Soriano, seconded by Cripps and unanimously
carried by all those present to support Resolution 80-1 and 80-2. City Manager
stated a City resolution in support of the KPRDC's two resolutions would be
drafted for Council approval.
C COUNCIL: B. February 25, 1980, letter of resignation from Councilmember
Larry Potts was noted. Gillespie stated the procedure which had been followed
by previous Councils when such a vacancy occurred was to appoint the individual
who had received the highest number of votes of those not elected at the last
general election. City Manager stated that Jean Leer had received the highest
number of votes of those not elected at the October 1979 election. He confirmed
he had discussed the appointment with Leer and she had voiced a willingness to
serve. It was moved by Campbell, seconded by Soriano and unanimously carried by
all those present to appoint Jean Leer to fill Larry Potts' unexpired term,
until the next general election.
HARBOR
I
COMSN:
David
Clerk
C. February 27, 1980, letter of resignation from Harbor Commissioner
Hudspeth, was noted. Gillespie, with Council consent, directed the City
to advertise the vacancy.
D. Harbor Commission recommendaticnsto the City Council as set forth
in the Commission meeting minutes of February 27, 1980, were noted. It was
also noted that no Harbor Commissioner was present in the audience to discuss
the recommendations. Following discussion, Gillespie, with Council consent,
scheduled a Council work session, to be held in conjunction with the regular
Harbor Commission meeting of Wednesday, March 26, 1980, in order to discuss the
various recommendations.
!' ()
PAGE 50
REGULAR MEETING - MARCH 10, 1980
VOLUME 19
XII 1.
COUNCIL DISCUSSION:
(cont'd)
PLANNING &
ZONING:
E. Campbell, speaking as the Council's representative to the Kenai
Peninsula Borough Assembly, questioned the Assembly's interpretation of Alaska
Statutes, a portion of Title 29, which required every Borough to have a
Comprehensive Plan. He stated the Kenai Peninsula Borough was acting to
establish Comprehensive Plans for each incorporated city within the Borough
and, compiled, designated such as the Borough Comprehensive Plan. Campbell
objected, stating that those areas outside the incorporated cities, but still
within the confines of the Borough, did not have a Comprehensive Plan. He
voiced support for legal action to be taken, if necessary, to determine the
proper definition of "Comprehensive Plan" as referred to in Title 29. City
Manager stated he would contact the State Department of Community and Regional
Affairs on the subject and also bring the matter up as an item for discussion
at the City Managers' meeting March 25-26.
F. In reply to a comment from Soriano that the water had a strong
chlorine taste, City Manager stated he would check on the level of chlorine
in the City water supply.
G. Soriano stated the Council should start reviewing applications
for the City commissions more thoroughly instead of just appointing whoever
applied. Gillespie stated that past instances showed that there was a lack
of interest and usually there were not enough people applying for the vacancies.
He recommended the Clerk contact other cities to see what kind of application
forms were required to be filled out by individuals wishing to serve on city
commissions.
H. Gillespie spoke on Council adoption of a resolution which would
urge the State to expend permanent fund or excess revenue funds for the con-
struction of low-cost energy projects such as hydroelectric facilities.
City Manager stated the administration would draft a resolution for Council
review.
ELECTRIC/
LP:
I. Gillespie spoke on the recent power fluctuations and stated it
seemed more than just a coincidence that the fluctuations corresponded to
Louisiana Pacific's operation of its chipper motor. He stated the City
should require the mill to install capacitors so its operations would notbe
to the detriment of the remaining electrical customers. City Engineer Small
stated the administration was working with LP on a solution to the problem.
In reply to Gillespie, City Manager stated he would have a report for Council
in April on the progress of reaching a solution to the problem.
XIV.
CITIZENS' DISCUSSION:
A. Bob Valdatta appeared from the audience and spoke on the
need for management of the 4th Avenue Dock and development of the 7th Avenue
area as something other than a greenbelt.
B. Beverly Dunham appeared from the audience and spoke on the need
for the City to post in advance any item to be purchased in order to allow
local businesses the opportunity to bid on the products. City Manager and
City Engineer Small confirmed that every effort had been made to hire local
individuals and buy local products whenever feasible. Cripps stated there
seemed to be a problem with the City's bid solicitation/proposal/award procedures
due to the fact that several complaints had been made by private individuals
since he had been on Council. Gillespie, with Council consent, requested that
that portion of the City Code pertaining to bid procedures be placed on the
Council agenda for the March 24 meeting.
XV.
adjourned at 9:35 p.m.
~
: l
I
I
C ATTORNEY:
I
PAGE 51
REGULAR MEETING - MARCH 24 1980
VOLUME 19
1.
CALL TO ORDER:
The March 24, 1980, regular meeting of the Seward City Council was
called to order at 7:30 p.m. by Vice Mayor Gillespie.
11.
OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Vice Mayor Gillespie; Counci1members Campbell,
Cripps, *Leer, Soriano and Swartz
Present also: Administrative Assistant Schaefermeyer, City Attorney
Jarrell and City Clerk Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Soriano, seconded by Campbell and unanimously
carried by all those present to approve the regular meeting minutes of
March 10, 1980, as written.
V.
SWEARING IN OF NEW COUNCILMEMBER:
* Jean Leer, appointed to fill the vacant Council seat left by resign-
ing member Lawrence W. Potts, Jr., appeared, took the oath of office as admin-
istered by the City Clerk, was seated at the dais and thereafter took part in
the meeting.
V1.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Administrative Assistant requested the following additions to the
regular meeting agenda:
IX. Citizens' Discussion:
A. March 24, 1980, letter from Seward Boatowners'
Association President Monty Richardson regarding
proposed rate increases for operation of the
Small Boat Harbor
X. Ordinances and Resolutions:
C. Resolutions:
8. Proposed Resolution No. 80-19 approving
signatures on City bank accounts
It was moved by Soriano, seconded by Campbell and unanimously carried by all
those present to approve the regular meeting agenda as amended and the consent
calendar as presented and the following actions were taken:
1. Cranston, Walters, Dahl & Jarrell bills received
March 18, 1980, for legal services rendered in
the following amounts, were approved for payment
and filed:
January 1980
February 1980
$ 3,600.80
2,722.57
WATER DEPT:
2.
March 18, 1980, bill received from Trans-Alaska Engineering.
in the amount of $3,150, for the Mt. Marathon water intake
improvements design engineering, was approved for payment
and filed.
PAGE 52
REGULAR MEETING - MARCH 24, 1980
VOLUME 19
V1.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
ELECTRIC:
3. March 14, 1980, Invoice No. 10077 from CH2M Hill in
the amount of $4,981.50 for engineering services
rendered relative to the Grant Lake hydroelectric
project, was approved for payment and filed.
TV:
4. Letter received March 14, 1980, from Mrs. Ernest R.
Peterson regarding the television billing, was noted
for information only.
ELECTRIC/
C ATTORNEY:
5. Claim for damages in the amount of $91.70 as filed by
Mrs. Harvey Marshall for damage allegedly caused by an
electrical outage, was noted. City Engineer's memo
dated March 16, 1980, recommending payment of the claim
was also noted and approved.
VII.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell stated he was not in attendance at the Kenai
Peninsula Borough Assembly meeting of Tuesday, March 18, 1980; however, he
had been informed that the Assembly had enacted an ordinance which approved a
Land Use Plan for Seward.
VII 1.
PUBLIC HEARINGS: None
IX.
CITIZENS' DISCUSSION:
(With prior notice only)
HARBOR:
A. March 24, 1980, letter from Seward Boatowners' Association
President Monty Richardson regarding proposed rate increases for operation
of the Small Boat Harbor, was noted. Monty Richardson was present in the
audience and stated that the letter had been written in response to requests
he had received from various members of the Association. He commented that
the letter reflected the concerns of the boat owners--the biggest majority
of which were Anchorage residents. Gillespie, with Council consent, stated
the letter would not be discussed this evening but, rather. be presented
at the Harbor Commission meeting and Council work session scheduled for
Wednesday, March 26.
x.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment:
ORD:
1. Copies being made available to the public, Gillespie noted
by title only proposed ordinance relating to the City administration, entitled:
An Ordinance Relating to the City Adminis-
tration, Repealing Sections 2-1 Through 2-7
and Creating Sections 2.10.010 Through 2.10.050
of the Seward City Code
"Notice of Public Hearing" as published two times in the local newspaper, and
posted as required, was noted. Public hearing was opened on the proposed
ordinance. Beverly Dunham appeared from the audience and, in response to
a question posed by her, City Attorney stated the ordinance addressed personal
injury and property liability, not liability which might occur due to slanderous
or libelous acts of a City employee. No one else appeared from the audience
in order to be heard and the public hearing was closed. City Attorney called
the Council's attention to Section 2.10.040, (e) and recommended that item (1)
be removed from the ordinance, due to the liability exposure involved in
directing a City employee involved in an accident to secure or provide
emergency care for injured persons. Cripps stated that although a City
employee should not be expected to do more than would a regular person
in the event of being at the scene of an accident involving injured
persons, he did not want the City to abrogate its responsibilities
just because there was a question of liability. He suggested that
ORDS:
(cont'd)
PAGE 53
REGULAR MEETING - MARCH 24. 1980
VOLUME 19
x.
ORDINANCES AND RESOLUTIONS:
(cont'd)
B. Ordinances for Public Hearing and Enactment:
(cont'd)
(1) be reworded to read "immediately secure or provide emergency care for
injured persons in the same manner as would the average prudent person".
Following discussion, it was moved by Swartz, seconded by Campbell and
unanimously carried by all those present to enact Ordinance No. 481 as
amended by Don Cripps.
lORDS: 2. Copies being made available to the public, Gillespie noted
by title only proposed ordinance relating to the City administration, entitled:
ORDS:
I
ELECTRIC/
ORDS:
ELECTRIC/
LEG REPS/
IRES:
An Ordinance Relating to the City Admin-
istration, Repealing Sections 2-8 Through
2-29 and Creating Sections 2.20.010 Through
2.20.190 of the Seward City Code
"Notice of Public Hearing" as published two times in the local newspaper, and
posted as required, was noted. Public hearing was opened on the proposed
ordinance; no one appeared from the audience in order to be heard and the
public hearing was closed. Following discussion, it was moved by Soriano,
seconded by Campbell and unanimously carried by all those present to enact
Ordinance No. 482.
3. Copies being made available to the public, Gillespie noted
by title only proposed ordinance relating to the City administration, entitled:
An Ordinance Relating to the City Admin-
istration, Repealing Sections 2-30 Through
2-46 and Creating Sections 2.30.010 Through
2.30.080 of the Seward City Code
"Notice of Public Hearing" as published two times in the local newspaper, and
posted as required, was noted. Public hearing was opened on the proposed
ordinance; no one appeared from the audience in order to be heard and the
public hearing was closed. Following discussion, it was moved by Swartz,
seconded by Leer and unanimously carried by all those present to enact
Ordinance No. 483.
4. Copies being made available to the public, Gillespie noted
by title only proposed ordinance relating to establishing electrical rates
by Council resolution, entitled:
An Ordinance Relating to Schedule
of Rates for Electric Power
City Clerk noted that the effective date as noted in the ordinance needed to
be changed from April 1 to April 3 due to the Code requirement that, unless
the ordinance was of an emergency nature, it could not take effect until ten
days following enactment. Following discussion, it was moved by Campbell,
seconded by Soriano and unanimously carried by all those present to enact
Ordinance No. 484.
C. Resolutions:
1. Copies being made available to the public, Gillespie noted
by title only proposed resolution supporting the State funding of hydroelectric
projects, entitled:
A Resolution Requesting the State
Legislature to Consider Use of Surplus
Funds to Finance Hydroelectric Power
Generation
It was moved by Campbell, seconded by Soriano and unanimously carried by all
those present to approve Resolution No. 80-12.
! :' t
PAGE 54
REGULAR MEETING - MARCH 24, 1980
VOLUME 19
x.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
KPB/
RES:
2. Copies being made available to the public, Gillespie noted
by title only proposed resolution supporting Kenai Peninsula Rural Development
Council (KPRDC) resolutions, entitled:
A Resolution Supporting Kenai Peninsula
Rural Development Council's Resolution
No. 80-1 Regarding Port and Harbor Develop-
ment on the Peninsula, and Resolution No.
80-2 Regarding a Central Peninsula In-
dustrial Water Line
It was moved by Soriano, seconded by Leer and unanimously carried by all those
present to approve Resolution No. 80-13.
4TH OF JULY 3. Copies being made available to the public, Gillespie noted
CREEK AREA/ by title only proposed resolution providing for the taking of land for the
RES: 4th of July Creek area access road, entitled:
A Resolution of the City Council of the
City of Seward, Alaska, Providing for the
Taking of a Right-of-Way Across Two Parcels
of Land for Access to the Fourth of July
Creek by the Right of Eminent Domain and
for the Filing of a Declaration of Taking
Virginia Darling, owner of some of the property which the road would be crossing,
appeared from the audience and requested the following considerations relative
to the taking of a road right-of-way across her land:
o that any land under 100 feet in depth between
the road right-of-way and the east section
line be surplused to the City
o that the City survey a portion of Darling's
land between the road right-of-way and the
east section line at the same time the City
is surveying for the road
o that Mrs. Darling retain any mineral rights
o that a time limit be established for con-
struction of the road so. the property would
revert back to Darling's ownership if the
road was not completed within a specified
period of time
o determination and agreement on who would own
the timber which would be removed from the road
right-of-way
Mrs. Darling stated that a creek used to run across her property but in years'
past it had been diverted and now ran across Dorothy Stewart Noyes' property.
She commented that she would have no objection to the creek being diverted
back to its original course.
Dorothy Stewart Noyes appeared from the audience and requested that the City
divert the creek back onto Darling's property. Administrative Assistant
responded that the City had not considered this project due to the environ-
mental impact reports which would be required. Noyes stated she had talked
to Environmental Protection Agency representatives in Anchorage and their
response was that the government had no interest in the matter if the owners
of both of the parcels of land affected were in agreement that the creek
should be returned to its original course. In conclusion, Noyes requested
the same considerations as Mrs. Darling had set forth regarding the City's
taking of land for the 4th of July Creek industrial park area access road.
4TH OF JULY
CREEK AREA!
RES:
(eont'd)
I
4TH OFJULY
CREEK AREA/
RES:
I
PAGE 55
REGULAR MEETING - MARCH 24, 1980
VOLUME 19
x.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
Gillespie, with Council consent, requested that the administration investigate
Noyes' request for the creek diversion and, further, to continue negotiations
with the two parties in the attempt to reach a satisfactory settlement for
purchase of the land without the necessity of taking the land by eminent
domain procedures. City Attorney spoke to Council on the procedure which
had to be followed in the governmental taking of private property by eminent
domain. Following discussion, it was moved by Swartz, seconded by Soriano
and unanimously carried by all those present to approve Resolution No. 80-14.
4. Copies being made available to the public, Gillespie noted
by title only proposed resolution setting the rates for the Seward Electric
Utility, entitled:
A Resolution Establishing Rates
for Electric Power
Administrative Assistant noted that approval of the resolution would have to
be postponed to a later date due to the fact that Ordinance No. 484 (see page
53, X. B. 4.), providing for the setting of electrical rates by resolution,
would not become effective until April 3. City Clerk confirmed that the
resolution, when approved, would not become effective until ten days following
the date of approval.
5. Copies being made available to the public, Gillespie noted
by title only proposed resolution authorizing the acceptance of a State grant
for the extension of Nash Road to the 4th of July Creek area, entitled:
A Resolution Authorizing the City Manager
to Sign Necessary Documents Accepting a
Department of Transportation Grant Offer
of $1,000,000 for the Design and Initial
Construction of the Extension to Nash Road
In answer to a question from Campbell, Administrative Assistant gave a brief
scenario on what the $1 million would accomplish--all the basic design work,
drilling for the bridge abutments and materials, pre-construction survey work
excluding slope staking, hydraulic investigation of the bridge on Nash Road
(a State requirement), land acquisition costs, complete road clearing to the
gully, installation of drainage piping--culminating in a pioneer access road
to the bridge with a 4-wheel drive access road from the bridge to the 4th of
July Creek area. Further, he reported that it appeared the City would receive
an additional $3.5 million in State funds by July 1, 1980, for completion of
the project. He stated that the bridge could be completed by the fall of
1980, the pioneer access road completed by the beginning of 1981, and the
entire roadway completed, including paving, during the 1981 construction season.
Following discussion, it was moved by Soriano, seconded by Swartz and unani-
mously carried by all those present to approve Resolution No. 80-15.
4TH OF JULY 6. Copies being made available to the public, Gillespie noted
CREEK AREA/ by title only proposed resolution authorizing the negotiation of an engineer-
RES: ing contract with R & M Consultants for the extension of Nash Road to the 4th
of July Creek area, entitled:
I
A Resolution Authorizing the City Manager
to Renegotiate the Engineering Contract
for Extension of Nash Road
Administrative Assistant reported that the State had already approved R & M
Consultants as the engineers for the project. Cripps voiced objection to
awarding a contract involving such a large sum of money without following
through with a competitive bid procedure. In response, Administrative
Assistant stated that if the bid process were carried out, a delay of 60
days could be expected on the project. Following discussion, it was moved
'>h
PAGE 56
REGULAR MEETING - MARCH 24, 1980
VOLUME 19
x.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
4TH OF JULY
CREEK AREA/
RES:
(cont'd)
by Campbell, seconded by Swartz and carried as follows to approve Resolution
No. 80-16:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Leer, Soriano and Swartz
Cripps
Hug 1i
SEWAGE
RES:
TRlMT/
by
of
title only
the sewage
7. Copies being made available to the public, Gillespie noted
proposed resolution accepting a $1,387 State grant for Step I
treatment facility project, entitled:
A Resolution Accepting the Alaska State
Grant in Connection with the Step I
Sewerage Project Facility Plan
It was moved by Campbell, seconded by Soriano and unanimously carried by all
those present to approve Resolution No. 80-17.
C COMPTROLLER/ 8. Copies being made available to the public and distributed
RES: to Council, Gillespie noted by title only proposed resolution approving
signatures on City bank accounts, entitled:
A Resolution Authorizing Signatures for
the City Bank Accounts and Rescinding All
Previous Resolutions in Conflict Herewith
It was noted that the resolution was necessary to remove retiring Comptroller
Burton W. Baugh's name from the list of approved signatures, and to replace
it with new Finance Director S. Joseph Gale's signature. It was moved by
Soriano, seconded by Swartz and unanimously carried by all those present to
approve Resolution No. 80-18.
XL
UNFINISHED BUSINESS:
None
XII.
NEW BUS INESS :
None
XII 1.
CITY MANAGER REPORTS:
PKS & REC: A. March 12, 1980, letter from the Corps of Engineers, requesting
a long-term lease on the Army's Seward Recreation site, was noted. Adminis-
trative Assistant noted that the Army was apparently under the impression
that Seward had selected for State transference the subject property as part
of the Municipal Land Entitlement Act selections. He reported that the City
had selected the land; however, the State had informed the City that the land
was not eligible for selection. In conclusion, he stated that the administra-
tion would so notify the Corps of engineers of this fact.
ELECTRIC: B. CH2M Hill "Authorization for Professional Services" dated
February 27, 1980, for the providing of specifications for the Seward Electric
Utility substation footings and control house, at a cost not to exceed $2,500
plus expenses, was noted. Administrative Assistant explained that separation
of the specifications for the footings and control house from the major
contract package would allow local contractors the opportunity to bid on
the specific projects. Following discussion, it was moved by Soriano,
seconded by Cripps and unanimously carried by all those present to authorize
the City Manager to sign the agreement with CH2M Hill for the specifications
for the Seward Electric Utility substation footings and control house, at
a cost not to exceed $2,500 plus expenses.
, ,.
PAGE 57
REGULAR MEETING - MARCH 24, 1980
VOLUME 19
;.) s
XII1.
CITY MANAGER REPORTS:
(cont'd)
C. Administrative Assistant introduced audience members Ron Walt,
transportation specialist for the Division of Economic Enterprise, State
Department of Commerce and Economic Development, and Dr. Carol Lewis, professor
at the University of Alaska. Walt and Lewis were two of the five-member board
appointed by the Governor to investigate the dynamics and mechanices of export-
ing the grain from the Delta Barley Project. Walt spoke and answered Council
questions on the status of their investigations on exporting the grain from
the trial agricultural project.
I
XIV.
COUNCIL DISCUSSION:
P & Z COMSN: A. March 12, 1980, letter of resignation from Planning and Zoning
Commissioner Daniel Keyes was noted. City Clerk noted that application forms
had been submitted by Seward residents Mary Lewis, Patrick O'Brien, Thomas
Reese and Raya Shott. A secret ballot was conducted; the City Clerk tallied
the ballots and reported that Raya Shott had received three votes. It was
moved by Swartz, seconded by Campbell and carried as follows that Raya Shott
be appointed to the Planning and Zoning Commission to fill the vacancy left
by Daniel Keyes:
Ayes:
Noes:
Absent:
Campbell, Cripps, Gillespie, Leer and Swartz
Soriano
Hug Ii
P & Z COMSN:
B. Statement and petition received March 17, 1980, from Ronnie
Lewis, regarding the Seward Land Use Plan, was noted. Administrative Assistant
noted that the Land Use Plan had been approved by the Borough Assembly on
March 18, 1980. City Clerk confirmed that the Seward Advisory Planning and
Zoning Commission had scheduled the Lewis request for an amendment to the Land
Use Plan as a topic for discussion at the next regular meeting. Gillespie, with
Council consnet, postponed any Council discussion on the matter in view of
the Planning Commission's scheduled review of the request.
I BIDS:
C. Section 10-7 and 10-8 of the Seward City Code regarding City
bid and purchasing procedures, was noted. Cripps stated he felt that the
Code provisions for purchasing were too liberal and did not afford proper
stewardship of the public monies. Following discussion, Cripps, with Council
consent, volunteered to draft his proposed changes to the Code sections and
present them for Council review and discussion on April 14.
D.
on the power
the previous
In answer to a question from Swartz, City Clerk gave a
outage which caused the heating system in the City Hall
week.
report
to fail
E. Swartz reported on a trip she had made to Juneau and asked that
Margaret Branson be sent copies of the Council agendas and minutes.
F. In answer to a question from Campbell, City Attorney stated he
was reviewing the Cooperative Agreement between the City and the Bear Creek
Fire Service Area and would have a recommended draft ready for Council review
at the April 14 Council meeting.
xv.
CITIZENS' DISCUSSION:
I
A. Mary Lewis appeared from the audience and questioned the status
of her appeal to the Council regarding the Seward Land Use Plan. (see above,
XIV. B.) Administrative Assistant and City Clerk explained that the appeal
had not been presented in a timely manner to the proper source and that Lewis'
course of action would be to request an amendment to the adopted Plan.
XV 1.
ADJOURNMENT:
was adjourned at 9:54 p.m.
f'
/i ,
2 ('L' /11
. ~ .
~ " C.A j...;;."'A-
~9hn F. Gillespie /
y,ice Mayor
4TH OF
JULY
CREEK
AREAl
LEG
REP:
SEWAGE
TREAT
MENT:
4TH OF
JULY
:REEK
!\REA:
O.T./
C A:
r~ Q
~-,), ,
PAGE 58
SPECIAL MEETING - APRIL 7, 1980
VOLUME 19
1.
CALL TO ORDER:
The April 7, 1980, Special meeting of the Seward City Council was
called to order at 3:00 p.m. by Mayor Hugli. It was noted that the required
public notice of the meeting had been fulfilled.
II.
OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps, Gillespie,
Leer, Soriano, Swartz
Present also: City Manager Johnson, Administrative Assistant
Schaefermeyer and Deputy City Clerk Ledet
IV.
SPECIAL ITEMS:
A. City Manager Johnson gave a brief summary of figures on the
shipyard project at the Fourth of July Creek industrial area. He stated that the
completed industrial park would be approximately $40 million with $23 million
in public facilities which would include such things as a dredged harbor,
dock boat lift, floating dock, sheeting piling, freight dock, ferry dock,
repair yard area, etcand the $17 million in private facilities including
repair stands, rails into the building, engineering, office spaces, excavation,
footings, welding equipment, etc. He asked the Council to consider hiring a
lobbyist during this legislative session. He suggested Kent Dawson, a lobbyist
who is well-known for being effective. City Manager stated that the cost of
hiring a lobbyist is approximately $4,000 plus expenses or about $5,000
per month. Following discussion, it was moved by Gillespie, seconded by
Soriano, and unanimously carried by all those present that the Council give the
City Manager the authority to enter into a contract, not to exceed $5,000 per
month, with a lobbyist to work specifically for the Seward shipyard project
for the remainder of this legislative session.
B. City Manager spoke of need for approval of a construction
management contract with Arctic Environmental Engineers for the sewage treatment
facility. He reported to Council that a figure of $367,743.44 was included in
the original estimated cost of $7,452,000 approved February 25, 1980, by Council
Resolution No. 80-8. In answer to a question from Campbell, City Manager stated
that this is the last phase before the contract is awarded. Following discussion,
it was moved by Soriano, seconded by Leer, and unanimously carried by all those
present that the Council approve the construction management contract with
Arctic Environmental Engineers for the sewage treatment facility for the sum of
$367,743.44.
C. City Manager reported that among the other projects involving the
shipyard, the City was in need of a preapplication to the Coastal Energy Impact
program for funding due to the CEIP may be phased out by the Carter administration.
He stated that he felt it would be in the best interest for the City of Seward
if Schaefermeyer and Small went to Washington D.C. to apply for $5 million
before the program expires. He explained that an advantage of the funding is that
it has a forgiveness clause which states that if the project does not materialize
the City would not have to raise taxes. He also stated that Schaefermeyer and
Small would be meeting with the FCC. Hugli, with Council consent approved of
the trip to Washington D.C.
D. City Manager stated that the City had received notice of legal
action against the City regarding Ronnie Lewis versus Daren E. Miller, Chugach
Development Corporation and the City of Seward. He further stated that the
City was presently involved in a related case with the Lewis' in which the
law firm HTGP&B represents the City and requested an unofficial motion of approval
to refer this case to HTGP&B. It was moved by Campbell, seconded by Soriano,
and unanimously carried by all those present to refer this to Hughes, Thorsness,
Gantz, Powell and Brundin.
AK ST
OF:
I
I
I
PAGE 59
SPECIAL MEETING - APRIL 7, 1980
VOLUME 19
IV. SPECIAL ITEMS: (cont'd)
E. City Manager stated as a matter of information to the Council
that the Delta Barley project transportation committee was meeting on Tuesday,
April 8, 1980, regarding shipment of grain from the State in 1980. Schaefermeyer
stated he felt that the committee would be recommending against any new building
programs this year and it was a possibility that they would use the Alaska
Railroad warehouse to store the initial five or six tons of grain to be
shipped out of State in 1980. He stated that no decision would be made until
after the initial shipment of grain as to construction of a permanent grain
facility.
V.
ADJOURNMENT:
at 3:34 p.m.
J
;'
(
Raymond
Mayor
(,
I~
I \
M.:' Ledet
CiV Clerk
(City seaf\ ''''(. . . . .. 't. ,f'
~ ~l'" .,,, .. .1,' A
?'4 .' e;,',v
c:;~
----------------------------------------------------------------------------
PAGE 59
REGULAR MEETING - APRIL 14, 1980
VOLUME 19
1.
CALL TO ORDER:
The April 14, 1980, regular meeting of the Seward City Council
was called to order at 7:31 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Cripps led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps,
Gillespie, Leer, Soriano and Swartz
Present also: City Manager Johnson, City Attorney Jarrell,
Administrative Assistant Schaefermeyer and
City Clerk Shanley
IV. APPROVAL OF MINUTES:
It was moved by Soriano, seconded by Campbell and unanimously
carried to approve the regular meeting minutes of March 24, 1980, and the
special meeting minutes of April 7, 1980, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
The regular meeting agenda was amended as follows:
VIII. Citizens' Discussion:
B. Don Holland - Breeze Inn Motel (DELETED)
B. Mike Meehan (ADDED)
City Manager introduced the City's new Finance Director, S. Joseph
Gale, who was present in the audience.
f10
PAGE 60
REGULAR MEETING - APRIL 14, 1980 VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
It was moved by Swartz, seconded by Campbell and unanimously carried
to approve the regular meeting agenda as amended and the consent calendar as
presented and the following actions were taken:
COMPTROLLER:
1. Comptroller's list of Accounts Payable for the first
three months of 1980 were approved for payment and
filed as follows:
January
February
March
$ 298,560.33
506,397.24
162,695.32
C ATTORNEY:
2. Hughes, Thorsness, Gantz, Powell and Brundin bills
for legal services rendered were approved for pay-
ment and filed as follows:
Months of
Service
Amount
Date of
Bill
TOTALS
$5,202.07
266.62
$5,468.69
March 19, 1980
April 2, 1980
January/February
March
ELECTRIC DEPT:
3. February 15, 1980, Invoice No. 10060 from CH2M Hill
for engineering services rendered relative to the
Seward electrical substation project, totaling
$1,953.46, was approved for payment and filed.
ABC B:
4. March 25, 1980, letter from the Alcoholic Beverage
Control Board, noticing of request for transfer of
the liquor license for Dorothy's Cocktail Lounge
from Ralls to Mitchell and Kinser, was noted and filed
without objection.
PLANNING
& ZONING:
5. March 25, 1980, letter from Kenai Peninsula Borough
Planning Analyst Gabler, transmitting Borough Ordinance
No. 80-3, "Adopting a Land Use Plan as a Part of the
Revised Comprehensive Plan for the City of Seward" as
enacted March 18, 1980, by the Borough Assembly, was
noted for information and filed.
STREETS:
6. February 22, 1980, bill in the amount of $4,000 for
the City's purchase of road repair material from the
State Department of Transportation and Public
Facilities in September of 1977, was approved for
payment and filed.
LEG REPS:
7. April 3, 1980, letter from Thomas Williams, Commissioner
of the State Department of Revenue, informing the City
of the legislative action regarding municipal bond
sales, was noted for information and filed.
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting of April 1, 1980.
VII.
PUBLIC HEARINGS: None
SCHOOLS/
FEDERAL
ADDN:
I
OCEANVIEW
SUB:
I
ELECTRIC/
RES:
I
PAGE 61
REGULAR MEETING - APRIL 14, 1980
VOLUME 19
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
A. Robert Richardson, Administrator of Facilities and Special
Projects for the Alaska Skill Center, appeared from the audience and spoke
on the recent fire which destroyed the armory which was located on Block 6,
Federal Addition. He explained that the land on which the building had been
located was owned by the City of Seward and had been leased to the State
Department of Military Affairs and subsequently subleased to the Skill Center.
He commented that the decision had not yet been made whether to salvage what
remained of the structure or to construct an entirely new facility. He
requested Council support of whatever decision was forthcoming from the State.
Swartz, with Council consent, stated that Council should assure Richardson
that use of the land could be maintained by the Skill Center for educational
purposes. Richardson further commented on other capital improvement and
expansion projects planned for the Skill Center in the near future.
B. Letter dated April 11, 1980, from Mike Meehan, requesting Council
consideration of his proposal to transfer a portion of his ownership in Lot 5,
Block 4, Oceanview Subdivision, to the City in return for the City-owned parcel
located to the north and adjacent to his property, was noted. Meehan appeared from
audience and referred to the vicinity map which had been presented to Council.
He stated he proposed to give the City the portion of his lot which infringed
upon the alley right-of-way located to the east of his lot. He commented that
the City parcel he was requesting in return had no value to the City due to
its limited size -- 35 x 110.08 feet. Gillespie spoke on the apparent inequity
in exchanging approximately 3850 square feet of City property for 658 square feet
of private land. He requested that Meehan's proposal be presented to the Advisory
Planning and Zoning Commission for their recommendation. Following discussion,
Hugli, with Council consent, directed the City Clerk to schedule a public hearing
for the Council meeting of April 28 in order to receive public comment on Meehan's
proposal. It was noted that the matter would be presented to the Planning and
Zoning Commission at its regularly-scheduled meeting of May 14, 1980.
the
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
1. Copies being made available to the public, Hugli noted by
title only proposed resolution increasing the rates for electrical power,
entitled:
A Resolution Establishing Rates for
Electric Power
City Manager stated the rates as set forth in the resolution were those derived
from the Electric Rate Study which had been recently completed by CHjM Hill. He
confirmed that the rates represented an increase of approximately 26 percent and
would become effective May 15 if the resolution was approved. City Manager answered
Council questions on the proposed increase and, in answer to a specific question
from Gillespie, he stated that the new base rate was a monthly fee which did not
cover any electrical useage, as contrasted to the previous base rate which covered
up to 100 kilowatts. In answer to questions from Hugli regarding definitions
for "commercial" and "power" rates, City Engineer Small appeared from the audience
and stated that the terms were defined in the Electrical Tariff, previously approved
by Council. Following discussion, it was moved by Campbell, seconded by Soriano
and unanimously carried to approve Resolution No. 80-19, effective May 15, 1980.
f. ')
PAGE 62
REGULAR MEETING - APRIL 14, 1980
VOLUME 19
x.
UNFINISHED BUSINESS:
FIRE DEPT: A. City Manager reported that he had just received the draft of the
proposed "Cooperative Agreement Between the Bear Creek Fire Service Area (BCFSA)
and the City of Seward" from the City Attorney that evening and requested, with
Council consent, that he be allowed to send a copy to the BCFSA for review and
schedule the matter for discussion at the April 28 Council meeting.
TELEVISION: B. City Manager distributed March 26, 1980, (received April 14,
1980) letter and draft "Maintenance Agreement" and "Construction Agreement"
for the rebuilding of the existing 10-watt station and maintenance of the
Channel 2 television translator on Mt. Wolcott, from Dick Lowman, Trans-
Alaska Engineering. He reviewed the two draft agreements which proposed a
cost of $55,500 for upgrading the present equipment and a monthly fee of
$1,800 for maintenance of the upgraded facility. In answer to a question
from Swartz, City Manager reported that the City was receiving approximately
$2,800 per month from local residents for television service; and the educational
station was costing approximately $500 per month to operate. Campbell questioned
whether the Council really wanted to get back into operating the Mt. Wolcott
site and stated that he was of the opinion that citizens wanted television
but did not want to pay for it. City Engineer Small appeared from the audience
and stated that Mt. Wolcott television offered a different type of programming
than was received from the earth station. He stated that the Channel 2 equip-
ment was virtually worn out and if the system were to be revived the equipment
would have to be replaced. Following discussion, it was moved by Gillespie,
seconded by Leer and carried as follows to direct the City Manager to advertise
for bids for the reconstruction and maintence of the Mt. Wolcott television
system:
Ayes:
Noes:
Absent:
Cripps, Gillespie, Hugli, Leer, Soriano and Swartz
Campbell
None
XI.
NEW BUSINESS:
WATERFRONT
TRACTS:
A. March 20, 1980, letter from The North Pacific Rim, requesting
a two-year lease extension on Tract 2, Seward Waterfront Tracts, and that
structure located thereon commonly referred to as "the old Alaska Railroad
carpenter shop" as owned by the City and leased to The North Pacific Rim in
1978 for operation of a teen center, was noted. City Manager recommended that
the Council approve the two-year lease extension as requested. Following
discussion, it was moved by Campbell, seconded by Leer and carried as follows
to extend the lease for two years on Tract 2, Seward Waterfront Tracts:
Ayes:
Noes:
Abstain:
Absent:
Campbell, Cripps, Gillespie, Hugli, Leer and Soriano
None
Swartz
None
Swartz noted that she abstained due to the fact that she was employed by The
North Pacific Rim. City Attorney stated that since the lease extension repre-
sented the disposition of City property, a public hearing would be necessary
prior to formal approval of the lease renewal. Hugli directed the City Clerk
to advertise the required public hearing, to be held at the April 28, 1980,
Council meeting.
WATER:
B. Department of the Army, Corps of Engineers letter of March 21,
1980, regarding repair of the Lowell Creek Diversion Tunnel, was noted. City
Manager reported that the letter cited the lack of maintenance--the City's
responsibility--as the reason for the state of disrepair of the tunnel and
stated that the Corps had no authority to make the necessary repairs. City
Manager stated the Congressional delegation had been apprised of the situation
and the hazardous condition of the tunnel and he would keep Council informed
on any progress made in the administration's attempts to receive funding for
the repairs.
WATERFRONT
TRACTS:
C. March 24, 1980, letter from Alaskan Fisheries Company (AFC)
relative to the proposed lease of Tracts 5 and 6, Seward Waterfront Tracts,
was noted. City Manager spoke and answered questions on the Company's proposal
to lease the tracts for marine development, including the construction of a
dock facility to service AFC's vessel, Alaska I. He reported AFC proposed to
lease the tracts, which had been appraised as having an approximate yearly
lease rental value of $26,000, at the rate of $10,000 per year in order to
provide an incentive to AFC to place the required rip rap and construct the
WATERFRONT
TRACTS:
(cont'd)
I
ELECTRIC
DEPT:
I
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PAGE 63
VOLUME 19
REGULAR MEETING - APRIL 14, 1980
XI.
NEW BUSINESS: (cont'd)
proposed dock facility--an estimated $300,000 project. City Manager stated
Council needed to consider whether it wanted to negotiate an incentive lease
for the property. Hugli stated that if an incentive lease was approved, the
payments should be tied to the facility completion date so the payments would
increase in direct correlation with the time it took to complete the proposed
construction. Swartz suggested that any lease should contain a clause which
required a performance bond to insure project completion. Campbell stated the
lease should impose a service/wharfage fee for products going across the dock
facility which were not AFC products. Following discussion, it was moved by
Gillespie, seoonded by Swartz and unanimously carried to authorize the City
Manager to continue towards a finalized lease with Alaskan Fisheries Company,
along the lines as presented, for an incentive lease as proposed in their
March 24 letter.
D. Memorandum dated April 8, 1980, from City Engineer Tom Small to
City Manager Johnson regarding the foundation and control house bid for the
Seward Electric System substation site work, was noted. City Manager stated
the foundation and control house had been separated from the comprehensive
bid package for the electric system improvements in order to allow local
contractors an opportunity to bid on the project. He reported that the only
bid received was from Wells Built Homes and that bid was $30,000 to $35,000
above the engineer's estimate of the project costs. City Manager stated that
although the Engineer recommended rejection of the bid he felt that due to
the critical nature of the project the Council should award the bid. City
Engineer Small appeared from the audience and spoke on the bid received and
his engineer's estimate. He stated his recommendation was to reject the bid re-
ceived from Wells Built Homes at $87,510 and negotiate a lower price with
the contractor. Cripps spoke in support of rebidding the project in areas
other than Seward in order to receive the best possible price. Gillespie
questioned whether the City Engineer's recommendation to negotiate a bid
price with Wells Built Homes was in conformance with the City Code require-
ments for purchasing.
RECESS: The meeting was recessed at 9:00 p.m. in order to allow the City
Attorney an opportunity to review the City Code section on bids
and purchasing; the meeting reconvened at 9:08 p.m.
City Attorney stated that pursuant to Section 10-8 of the Seward City Code
the Council could declare an emergency and then negotiate a contract for the
substation work. Following discussion, it was moved by Gillespie, seconded
by Soriano and unanimously carried to reject the only bid on the project.
It was moved by Gillespie, seconded by Swartz and carried as follows to
authorize the City Manager, with the assistance of the City Engineer, to
renegotiate with the only bidder a contract for this work, not to exceed
$87,510:
Ayes:
Noes:
Absent:
Gillespie, Hugli, Leer, Soriano and Swartz
Campbell and Cripps
None
In answer to a question from Campbell, City Manager reported that only two
local merchants had responded to the City's newspaper advertisement requesting
names of those establishments wishing to have business dealings with the City.
XII.
CITY MANAGER REPORTS:
ELECTRIC: A. City Manager reported that the two local industrial users of
electricity--Seward Fisheries and Louisiana Pacific--were coordinating their
use of electrical power in order to assist in the control of their peak demands.
City Engineer Small stated that Seward had reached the maximum demand on the
electrical system and was, in fact, experiencing "brown-out" conditions. He
commented on various methods which were being investigated to control the
mill's drain on the system and stated that at the present time the City was
running the generator during peak demand in order to try to stabilize voltage.
In answer to a question from Campbell, City Manager replied that the City was
two to three months away from a completed feasibility study on the Grant Lake
hydroelectric project.
~ 1
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PAGE 64
REGULAR MEETING - APRIL 14, 1980
VOLUME 19
XII.
CITY MANAGER REPORTS: (cont'd)
B. City Manager reported that Bud Schultz, General Manager of
Chugach Electric Association, would be coming to Seward in the near future
to discuss the City's power supply contract with CEA.
C. City Manager reported that the U.S. Army Reserves had contacted
the City administration regarding the establishment of a detachment in Seward.
He stated representatives of the Reserves would be flying to Seward on Saturday,
April 19; Hugli confirmed he would be available to meet with the individuals.
B. City Manager reported on the status of SSHB 60, currently in
the Free Conference Committee of the State Legislature, which contained $3
million for the construction of the 4th of July Creek industrial park area
access road. He stated he would be travelling to Juneau the following day
for a meeting with lobbyists and legislators regarding the proposed harbor
and industrial park on the east side of Resurrection Bay.
XIII.
COUNCIL DISCUSSION:
A.
on amendments
discussion of
Cripps reported that he had not yet compiled his recommendations
to the City's bid and purchasing procedures and requested that
the item be postponed to a later date.
HARBOR:
B. Harbor Commission report:
1. City Clerk commented that the current vacancy on the Harbor
Commission had been advertised in the local newspaper on two occasions; however,
no application had been received. No action was taken by the Council on the
matter.
2. Harbor Enterprise Fund - Gillespie reported that at the
joint Harbor Commission meeting/City Council work session of March 26, 1980,
discussion had taken place regarding the $125,000 which the Harbor Enterprise
Fund owed the City of Seward General Fund according to the accountant's
records. He stated the Harbor Commissioners had voiced objections to the
amount owed and the interest on the debt and had requested some type of relief.
Paul Seaton, Harbor Commissioner, appeared from the audience and reported on
discussion which took place at a recent Harbor Commission work session. He
stated that the Commissioners questioned if the Harbor Enterprise Fund could
be credited for the revenue received from the sale of the old boat lift and,
additionally, if the Harbor Master's building could be transferred as an
asset of the Harbor rather than being leased from the City. City Manager
spoke on the State law requiring that all revenue-producing entities of a
governmental unit be handled by an enterprise fund accounting system. He
also spoke on the land which was owned by the City but was being used for
boat storage and the Harbor was receiving the revenue realized from that
useage without having to pay rental for the land. He also explained that
when the Harbor Enterprise Fund was established, $90,000 of payments made
by the General Fund for Harbor projects had been forgiven. In reference
to the old boat lift, Gillespie stated the equipment had been purchased
with a Federal grant and only 25 percent of the purchase price, or $8,000,
had been local monies. He suggested that the City credit the Harbor Fund
for the outstanding balance of approximately $4,000 and, further, to allow
the Enterprise Fund to repay the $125,000 debt in ten equal annual install-
ments with no interest being charged.
City Manager asked that he be allowed to speak as a tax-
payer and he voiced objection to the taxation rate on motor vessels, i.e.
$5 or $15, depending on vessel tonnage. He stated that he felt the boats
should be taxed at the same rate as other personal property within the City.
City Clerk stated that the comments and suggestions that
Seaton had voiced regarding the boat lift and the Harbor Master's building
had not been formally accepted by the Harbor Commission. She reported that
a proposal regarding the transference of the Harbor Master's building to
the Harbor Enterprise Fund had been voted upon by the Commission but had been
defeated. Further, she stated that although a draft recommendation regarding
the revenue received from the sale of the old boat lift had been presented
at a Commission meeting, no affirmative action had been taken by the members.
Hugli questioned whether the Harbor Commission should even
be involved in the accounting of the Harbor funds as part of their advisory
duties.
HARBOR:
(cont'd)
I
I
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PAGE 65
REGULAR MEETING - APRIL 14, 1980
VOLUME 19
XIII.
COUNCIL DISCUSSION: (cont'd)
3. The Harbor Commission regular meeting minutes of February 27,
1980, were noted. City Manager gave a financial report on the Harbor Enterprise
Fund and stated he had recommended a $2 per lineal foot increase in the yearly
moorage rates in order to cover the anticipated $55,000 increase in operating
expenses for the coming fiscal year. He stated that the Harbor Commission had
voted upon and passed the recommendation at its February 27 meeting. Following
discussion, it was moved by Gillespie, seconded by Swartz and carried as follows
to take the recommendation of the City Manager and Harbor Commission and increase
the rates $2 per lineal foot for moorage:
Ayes:
Noes:
Absent:
Campbell, Cripps, Gillespie, Leer, Soriano and Swartz
Hugli
None
Gillespie spoke against the February 27 Harbor Commission
recommendation to increase the upland boat storage rates. Seaton stated that
the Commission had approved such a rate increase due to their position that
boat storage was a vital harbor service and the City should not lose revenue
by maintaining land for boat storage rather than leasing it for development
purposes. He stated the proposed rate increase would generate revenue comparable
to the fair market appraisal value of the real property were it leased by a
private party for development.
Gillespie spoke in support of the Harbor Commission's recom-
mendation to designate the west storage yard near the boat lift as a working
yard. Campbell recommended that all Commission recommendations be tabled
until the debt issue had been resolved. Monty Richardson, Harbor Commissioner,
appeared from the audience and stated that the Commission desired another
work session with the Council, to be held on a date other than the regular
meeting time for either body.
In response to the Harbor Commission's recommendation of
February 27 that electricity be supplied to the west,wQrking yard, City
Manager stated the electrical crew would be working on the installation the
coming summer.
4. The Harbor Commission regular meeting minutes of March 26,
1980, were noted. Gillespie referred to the Commission's recommendation
regarding a derelict and abandoned vessel ordinance. Hugli directed the
City Attorney to make the amendments in the draft ordinance as requested by
the Commission and to submit it to the Commission for review.
Gillespie referred to the Harbor Commission's recommendation
of March 26 to revise the rate schedule for vessels tied to the City dock.
Seaton noted that the newly-proposed rate schedule increased the charge for
vessels in excess of 104 feet in length. Following discussion, it was moved
by Gillespie, seconded by Soriano and unanimously carried to approve the
Harbor Commission recommendation and increase the transient and City Dock
moorage rates by adding the different lengths (see March 26, 1980, Harbor
Commission meeting minutes, Page 126, Volume 1).
C. Administrative Assistant stated the City had received a request
from the Bureau of Land Management to appoint a representative to serve on
the newly-formed Iditarod National Trail Advisory Council. He stated the
request had been made due to the fact that the Trail originally started in
Seward. Swartz recommended the appointment of Lee Poleske. Bob Valdatta
appeared from the audience and recommended the appointment of Mike Meehan.
Schaefermeyer commented that further information on the purpose of the
committee would be received later in the week. Following discussion, it was
moved by Campbell, seconded by Soriano and carried as follows that this be
a Mayor's appointment and he make it later in the week when he had received
the additional information:
Ayes:
Noes:
Abstain:
Absent:
Campbell, Cripps, Gillespie, Leer and Swartz
Soriano
Hugli
None
(: (:
PAGE 66
REGULAR MEETING - APRIL 14, 1980
VOLUME 19
XIII.
COUNCIL DISCUSSION: (cont'd)
D. Swartz requested the administration investigate the problem of
excessive water runoff and the lack of adequate culverts, especially on Second
Avenue. Further, she requested that the Police patrol Second Avenue for violators
of the speed limit.
E. Campbell spoke on the amount of junk cars and other debris
throughout the city and asked about provisions for remedying the situation.
City Manager stated there was an ordinance which addressed the issue; however,
he stressed the need for Council support in order to enforce the Code provisions.
Campbell, with Council consent, requested that the Code section be reviewed
by the Council at the April 28 meeting.
F. Leer asked that the City administration investigate the gray
bus which had been seen parked for long periods of time throughout the city
during the past few weeks and it appeared that someone was living in the
vehicle.
G. Hugli referred to the April 11, 1980, letter from Virginia
Darling which had been distributed to the Councilmembers that evening. Darling's
letter requested that some controls be placed on the long trailers and mobile
homes which parked in the 200 block of 4th Avenue during the summer months.
She stated the recreational vehicles caused a hazard when they tried to back
out of parking spots in the downtown business district. Soriano stated that
there had never been an accident in the area because people tended to be
extremely cautious in that specific block due to the congestion; no Council
action was taken on Darling's request.
H. Campbell referred to a March 26, 1980, letter from Homer City
Manager Larry Farnen to the Kenai Peninsula Borough Assembly, requesting the
Assembly adopt legislation for flood plain insurance. Campbell, with Council
consent, requested that a resolution supporting such Borough action be drafted
for Council review at the April 28 meeting.
XIV.
CITIZENS' DISCUSSION:
A. Bob Valdatta appeared from the audience and spoke on various
economic development projects for the Seward area.
B. Oscar Watsjold appeared from the audience and questioned the
City taxation policy of assessing motor vessels in the Seward Small Boat
Harbor a personal property fee of only $5 or $15 per year, based on vessel
tonnage, rather than the mil rate charged and paid on other personal property
within the city. He asked that the Council put the matter to a vote of the
citizenry. Hugli, with Council consent, requested that the City Clerk
schedule a public hearing on the matter at the next Council meeting.
XV.
ADJOURNMENT:
~::'
adjo~rned at 10:57 p.m.
l. c.,
Ra?,mond \r'.
Mayor
.----.J ^
HugH'
'~
1~
(City
I
I
" .
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PAGE 67
REGULAR MEETING - APRIL 28, 1980
VOLUME 1
1.
CALL TO ORDER:
The April 28, 1980, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Campbell led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps,
Gillespie, Leer, Soriano and Swartz
Present also: City Manager Johnson, City Attorney Jarrell,
Attorney Kenneth Jacobus, Administrative Assistant
Schaefermeyer and City Clerk Shanley
PROCLAMATION:
At the request of Hugli, City Clerk read in full City of Seward
Proclamation declaring Mayas "Cleaner Seward Month" and the Mayor so proclaimed.
IV.
APPROV AL OF MINUTES:
It was moved by Swartz, seconded by Campbell and unanimously carried
to approve the regular meeting minutes of April 14, 1980, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following agenda item be moved to
immediately follow VII. A., due to representatives being present in the audience
to answer Council questions on the Report:
XIII. Council Discussion:
A. "Draft Feasibility Report and Draft Environ-
mental Impact Statement - Proposed Small Boat
Harbor Navigation Improvement" as compiled by
the Corps of Engineers, dated February 29, 1980
Further, City Manager requested that the following item be deleted
from the regular meeting agenda:
IX. Ordinances and Resolutions:
C. Resolutions:
2. Proposed Resolution No. 80-21, requesting
Kenai Peninsula Borough Assembly action in
support of flood plain insurance
Following discussion, it was moved by Campbell, seconded by Leer
and unanimously carried to approve the regular meeting minutes as amended and
the consent calendar as presented and the following actions were taken:
1. CHZM Hill Invoice No. 10101 dated April 15, 1980,
in the amount of $2,525.92 for professional services
rendered through March 24, 1980, relative to the
electrical substation control house, was approved
for payment and filed.
ELECTRIC DEPT:
I
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting of April 15, 1980, and specifically informed Council
and the audience of the meeting scheduled for Monday, May 5, commencing at
7:30 p.m. in the Seward Elementary School, in order for the State Department
of Community and Regional Affairs to present and receive public comment on
the three options for Borough reapportionment. Campbell further reported that
the Borough-wide school budget had been approved and Ordinance No. 80-21,
"Amending the Seward Zoning Ordinance to Delete Public Schools as a Conditional
Use in Certain Residential Zones", had been enacted.
(" I~"
PAGE 68
REGULAR MEETING - APRIL 28, 1980
VOLUME 19
VII.
PUBLIC HEARINGS:
ORIGINAL
TOWNSITE:
A. Public hearing was opened in order for Council, sitting as the
Board of Adjustment, to hear public comment on whether Kenai Peninsula Borough
Ordinance No. 74-62, or some other enactment, constitutes the Seward Compre-
hensive Plan and whether the action of the Borough Planning Commission with
respect to the Conditional Use Permit issued to Daren E. Miller d/b/a Miller
Company was consistent with that Plan, if it exists. The following items were
noted relative to the "Decision and Order" issued by the superior court in the
case Ronnie L. Lewis vs. Board of Adjustment of the City of Seward, Alaska,
and Daren E. Miller, d/b/a Miller Co., appealing the City's granting of a
Conditional Use Permit to Daren E. Miller for construction of a l6-unit apart-
ment complex on Lots 26-30, Block 22, Original Townsite:
"Seward City Council Notice of Public
Hearing - April 28, 1980" as published
two times in the local newspaper and
posted
April 16, 1980, letter from Hughes,
Thorsness, Gantz, Powell & Brundin
(City attorneys) to Ely, Guess & Rudd
(counsel for Lewis), notifying of
scheduled public hearing
March 28, 1980, letter from Ely, Guess
& Rudd regarding procedure to be followed
at the Board of Adjustment hearing
February 25, 1980, letter from Hughes,
Thorsness, Gantz, Powell & Brundin in
response to the February 11, 1980, letter
from Ronnie L. Lewis
The following items were distributed to Council by Attorney Kenneth Jacobus
prior to the meeting:
April 27, 1980, letter and attached "Entry
of Appearance", "Motion to Dismiss", "Memorandum
in Support of Motion to Dismiss", and "Order of
Dismissal" as filed by Hughes, Thorsness, Gantz,
Powell & Brundin
"Memorandum in Support of the Position of the
Administration of the City of Seward, Alaska,"
as prepared by Hughes, Thorsness, Gantz, Powell
& Brundin and dated April 1, 1980
December 11, 1978, memorandum from the Kenai
Peninsula Borough Planning Department to the
Seward Board of Adjustment, regarding the
appeal hearing concerning the conditional use
permit application of Daren E. Miller
Seward City Council regular meeting minutes of
December 11, 1978, at which time the Council
sat as a Board of Adjustment and, by motion,
upheld the Advisory Planning Commission's action
supporting issuance of a Conditional Use Permit
to Daren E. Miller
December 8, 1978, memorandum from Borough Attorney
Sarisky to Borough Senior Planner Ottesen, regard-
ing the effect of Ordinance No. 74-62 on the Seward
Board of Adjustment Appeal in the Miller/Lewis case
"Findings of the Kenai Peninsula Borough Planning
Commission Regarding the Appeal of Ronnie L. Lewis"
dated November 13, 1978
ORIGINAL
TOWNSITE:
(cont'd)
I
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PAGE 69
REGULAR MEETING - APRIL 28, 1980
VOLUME 19
VI1.
PUBLIC HEARINGS:
(cont'd)
Kenai Peninsula Borough Ordinance No. 78-26
dated June 6, 1978
Kenai Peninsula Borough Ordinance No. 74-62
dated December 17, 1974
The following items were distributed to Council by Mary Lewis immediately
prior to the meeting:
33-page "Appellant's Brief" in the case
before the Superior Court of the State of
Alaska of Ronnie L. Lewis v. Board of
Adjustment of the City of Seward, Alaska,
and Daren E. Miller, d/b/a Miller Company,
dated April 26, 1979
December 11, 1978, memorandum from the Kenai
Peninsula Borough Planning Department to the
Seward Board of Adjustment, regarding the
appeal hearing concerning the conditional use
permit application of Daren E. Miller
December 8, 1978, memorandum from Borough
Attorney Sarisky to Borough Senior Planner
Ottesen, regarding the effect of Ordinance
No. 74-62 on the Seward Board of Adjustment
appeal in the Miller/Lewis case
"Findings of the Kenai Peninsula Borough
Planning Commission Regarding the Appeal of
Ronnie L. Lewis" dated November 13, 1978
City Attorney made a brief statement on the background of the dispute, stating
that the Council, sitting as a Board of Adjustment, had some months ago granted
Miller a conditional use permit for construction of a l6-unit apartment complex
on a parcel of land adjacent to property owned by appellant Ronnie Lewis. He
stated that one condition set forth in the Seward zoning ordinance provided that
prior to issuance of a permit for such construction, the Board had to find that
the "proposed use was in harmony with the community plan". He reported that the
Board had granted Miller the conditional use permit and that action had been
appealed to the Superior Court; pursuant to the "Decision and Order" dated
January 23, 1980, the Court had remanded the issue back to the Board of Adjust-
ment for clarification of what constituted the City's "community plan".
Mary Lewis appeared from the audience and read a prepared state-
ment in support of Council finding that Kenai Peninsula Borough Ordinance No. 74-62
represented the City's "community plan" and took precedence over the City's
zoning ordinance (Kenai Peninsula Borough Ordinance No. 78-26). She stated that
compliance with the Comprehensive Plan as approved by Ordinance No. 74-62 would
have precluded Miller's proposed development due to the density limitations for
residential districts. Lewis further referred to the November 13, 1978, memor-
andum from the Kenai Peninsula Borough Planning Department which stated that
Miller had failed to demonstrate his ability to comply with the City of Seward
parking standards for the subject development and, therefore, the application
for the conditional use permit should have been denied. She stated it was
significant that Miller or his representative was not in attendance that evening
and questioned whether he intended to continue with the proposed apartment complex.
Administrative Assistant reported on the administration's position
on the issue, that Kenai Peninsula Borough Ordinance No. 78-26 (the City of
Seward Zoning Ordinance) did in fact constitute the "community plan" for the
City of Seward and, therefore, the Seward Advisory Planning and Zoning Commission
and the Seward City Council, sitting as a Board of Adjustment, were proper in
their actions to approve the issuance of the conditional use permit to Miller.
Relative to the question of parking requirements, Administrative Assistant stated
that parking provisions were handled administratively as a condition to be met
prior to issuance of the building permit and were not a factor directly related
to the Planning Commission and Board's approval of the conditional use permit.
r,il,
ORIGINAL
TOWNSITE:
(cont'd)
HARBOR:
OCEANVIEW
SUB:
WATERFRONT
TRACTS:
PAGE 70
REGULAR MEETING - APRIL 28, 1980
VOLUME 19
VI1.
PUBLIC HEARINGS:
(cont'd)
Ronnie Lewis appeared from the audience and spoke in support of
his position on the appeal.
No one else appeared from the audience in order to be heard and
the public hearing was closed. Hugli, with Council consent, stated that in
order to allow Council an opportunity to review in detail the documents
presented to the Council just that evening, a decision on the issue would be
postponed to a later date.
VIII.
CITIZENS' DISCUSSION:
(Taken out of order by Mayor with Council
consent.)
A. "Draft Feasibility Report and Draft Environmental Impact
Statement - Proposed Small Boat Harbor Navigation Improvement" as compiled
by the Corps of Engineers, dated February 29, 1980, was noted. Administrative
Assistant introduced from the audience LTC James Fero, Deputy District
Engineer, and Carl Borash, Planning and Reports Branch Chief, for the Alaska
District Corps of Engineers. He noted that a public hearing on the Report
had been held in weeks past but Fero and Borash had returned in order to
answer any Council questions on the document. He reported that the Corps'
Report had addressed two sites for the proposed expanded boat harbor--
immediately south of the present harbor facility; and at the north-east
side of Resurrection Bay, near the end of Nash Road. He reported that due
to the prohibition of expending Federal funds on that area of 7th Avenue
still designated as a high-risk earthquake zone, the Corps had selected the
Nash Road site as the most feasible for the harbor project. In answer to
a question from Gillespie, Fero stated that if the project continued as a
GI (General Investigation) study, an optimistic starting date would be 1989.
However, he reported that if the City elected to assist with additional
funding of the project, the harbor expansion could be changed to a Section
107 study (which limited the Federal government to a $2 million maximum
expenditure) and construction could commence as early as 1982. He estimated
that the additional cost outlay for the City with a Section 107 study would
near $.5 million. City Manager stated the administration supported the
Section 107 study process and stated a resolution would be prepared for
Council consideration at the May 12, 1980, meeting.
VI1.
PUBLIC HEARINGS:
(cont'd)
B. Public hearing was opened on the request received by Mike Meehan
to trade a portion of his real property described as Lot 5, Block 4, Oceanview
Subdivision, for an adjacent parcel owned by the City and the following items
were noted:
"Seward City Council Notice of Public
Hearings - April 28, 1980" as published
two times in the local newspaper and
posted
April 11, 1980, letter and attached vicinity
map, submitted by Mike Meehan and setting
forth his proposed land swap
No one appeared from the audience in order to be heard and the public hearing
was closed. City Manager noted that the request would be presented to the
Advisory Planning and Zoning Commission at the May 14 regular meeting. Con-
current with the Commission's review process, the Council would consider a
resolution approving the land transfer at its May 12 regular meeting.
C. Public hearing was opened on the proposed two-year lease
extension for The North Pacific Rim to lease Tract 2, Seward Waterfront
Tracts, and the structure located thereon commonly known as "the old
Alaska Railroad carpenter shop", for use as a teen center and the following
items were noted.
"Seward City Council Notice of Public
Hearings - April 28, 1980" as published
two times in the local newspaper and posted
WATERFRONT
TRACTS:
(cont'd)
I
HARBOR:
I
I
PAGE 71
,
I I
REGULAR MEETING - APRIL 28, 1980
VOLUME 19
VII.
PUBLIC HEARINGS:
(cont'd)
March 20, 1980, letter from The North
Pacific Rim, requesting the lease
extension
"Lease Agreement" dated June 19, 1978,
on the subject property for The North
Pacific Rim's operation of a teen center
No one appeared from the audience in order to be heard and the public hearing
was closed. City Manager spoke in support of the teen center operation.
It was moved by Campbell, seconded by Soriano and carried as follows to extend
the lease of Tract 2 to The North Pacific Rim for a two-year period:
Ayes:
Noes:
Abstain:
Absent:
Campbell, Cripps, Gillespie, Hugli, Leer and Soriano
None
Swartz
None
City Attorney noted that, pursuant to City Code provisions, a resolution approving
the lease extension would have to be introduced not sooner than ten days following
the public hearing, and the resolution would have to be posted for 30 days before
it became effective. He stated the resolution would be presented for Council
consideration at the May 12 meeting.
D. Public hearing was opened to discuss the taxation of motor vessels
located within the City of Seward at the same rate as other items of personal
property are taxed, and the following items were noted:
"Seward City Council Notice of Public
Hearings - April 28, 1980" as published
two times in the local newspaper and
pos ted
April 21, 1980, letter from Robert A.
Hood II, Sea Spinner Charters, opposing
the collection of personal property tax
on vessels
April 22, 1980, letter from Mr. and Mrs.
W.C. Bumgarner, opposing an increase in
taxation on vessels
The following items were distributed to Council:
April 22, 1980, letter from Anthony C.
McCauley, opposing the assessment of
personal property tax on boats
A graph comparing the prices of keeping
a 32 foot boat valued at $50,000 in the
harbors of Seldovia, Homer, Whittier,
Kodiak, Valdez, Ketchikan and Seward
City Manager reported that at the April 14 Council meeting an audience member
had questioned the current policy of exempting motor vessels from the personal
property tax and, instead, assessing only a set fee of $5 or $15, based on
the vessel tonnage; the individual had requested that the policy be put to a
vote of the people to determine if there was citizen support for such an
exemption. At that time Council had directed that a public hearing be held
on the issue. He stated that upon investigating what authority the City had
for instituting such an exemption, he had researched the Alaska Statutes and
had found that a provision in Title 29 allowed cities, by ordinance, to assess
boats at a fee of $5 for vessels under 5 tons and $15 for vessels over 5 tons.
He reported that in 1963 the City of Seward had enacted such an ordinance;
however, in 1971 when the City ordinances were codified, that specific taxation
ordinance had been omitted which, in effect, made all vessels liable for taxes
at the personal property tax rate since 1971.
Bob Valdatta of Seward appeared from the audience and
stated that boat owners were concerned that they would be taxed on their
boats twice--in Anchorage and in Seward. Administrative Assistant stated
,._,
, "/
1./
PAGE 72
REGULAR MEETING - APRIL 28, 1980
VOLUME 19
VII.
PUBLIC HEARINGS:
(cont'd)
HARBOR:
(cont'd)
that the location of an item of personal property on January 1 of each year
determined where the taxes were to be paid. Mark Walker of Seward appeared
from the audience and stated that he had contacted the Borough Assessor and
had been informed that taxes were paid in the area where the personal property
was located for a majority of the year.
The following individuals appeared from the audience
and spoke against the assessment of personal property taxes on vessels
moored in the Seward Small Boat Harbor:
Jim Woern - Seward Drug
Fred Kletka - Commodore of the William H. Seward
Yacht Club; Anchorage resident
David Gibbons - Mile 23, Moose Pass
Eldon Johnson - Seward
Paul Briggs - Seward
Fayrene Sherritt - Anchorage
Ray Parsons - Anchorage
Monty Richardson - President of the Seward Boat
Owner's Association; Seward
resident
Jim Clement - Anchorage
Donald Oldow - Seward
Jean Cripps, Ronnie Lewis and Jerry Virchow, all of
Seward, appeared from the audience and questioned the City and Borough taxes
on motor vessels. City Manager explained that the Borough assessed a 2 mil
personal property tax rate on the vessels and the City charged the $5 or
$15 fee; any action by the City regarding taxes would not affect the Borough's
tax assessment. He stated the City fee generated a revenue of approximately
$1,500 per year.
Tom Reese and Oscar Watsjold, both of Seward, appeared
from the audience and spoke in support of vessels being assessed at the same
tax rate as other personal property. Watsjo1d requested that the matter be
placed before the voters in October. Ray Parsons of Anchorage and Buck Ennis
of Cooper Landing questioned the legality of taxing a documented vessel. No
one else appeared from the audience in order to be heard and the public hearing
was closed. Hugli stated the City had received numerous letters and tele-
grams from boaters who were threatening to move their boats to Whittier or
Homer. He pointed out that Whittier and Homer charged personal property tax
and, combined with their moorage fees, the costs of keeping a boat in either
of these two harbors was much more than Seward's costs. Gillespie stated
that the City of Seward had been subsidizing the harbor operation for numerous
years and asked for a report from the City Manager on the matter. City Manager
stated that during a ten-year period the City General Fund had subsidized the
harbor by approximately $175,000. He stated that at the present time the
Harbor Enterprise Fund owed the City General Fund approximately $125,000.
VII1.
CITIZENS' DISCUSSION:
(With prior notice only)
No one appeared from the audience at this time in order to be heard.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
HARBOR/
ORD:
1. Copies being made available to the public, Hugli noted
by title only proposed ordinance establishing a special valuation for
boats relative to personal property tax assessment, entitled:
An Ordinance Regarding the Assessment
of Personal Property Within the City
of Seward, Creating Article III of
Chapter 19A, Sec. 19A-39 of the Seward
City Code
HARBOR/
ORD:
(cont'd)
I
HARBOR/
RES:
SEWAGE
IRES:
POLICE:
I
.,
PAGE 73
REGULAR MEETING - APRIL 28, 1980
VOLUME 19
IX.
(cont'd)
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
(cont'd)
City Manager noted that the ordinance was presented for introduction only
and, if introduced, a public hearing would be held prior to a vote for enact-
ment. It was moved by Soriano, seconded by Swartz and unanimously carried
to introduce proposed Ordinance No. 485. The public hearing was scheduled
for the regular Council meeting of June 9, 1980.
RECESS: The meeting was recessed at 9:01 p.m.; reconvened at 9:10 p.m.
COUNCILMEMBER SORIANO departed the meeting at this time.
B. Ordinances for Public Hearing and Enactment:
None
C. Resolu tions:
1. Copies being made available to the public, Hugli noted
by title only proposed resolution setting fees for the Harbor, entitled:
A Resolution Setting Fees for the
Seward Municipal Small Boat Harbor,
Amending Section 1 of Resolution
No. 77-36
City Manager reported that the proposed resolution would increase the moorage
rates by $2 per foot per year and increase the daily transient and City dock
rates for vessels in excess of 84 feet in length. Following discussion, it
was moved by Campbell, seconded by Cripps and unanimously carried by all those
present to approve Resolution No. 80-20, with an effective date of July 1, 1980.
TRTMT/ 2. Copies being made available to the public and distributed
to Council, Hugli noted by title only proposed resolution accepting the State grant
fo~ Step III of the sewage treatment project, in the amount of $847,190,
entitled:
A Resolution Accepting the Alaska
State Grant in Connection With the
Step III Sewerage Treatment Project
April 17, 1980, letter and attachments from the State Department of Environmental
Conservation to City Manager Johnson, notifying of the State grant offer, was
noted. Following discussion, it was moved by Campbell, seconded by Leer and
unanimously carried by all those present to approve Resolution No. 80-21.
X.
UNFINISHED BUSINESS:
None
XL
NEW BUSINESS:
None
XII.
CITY MANAGER REPORTS:
A. A portion of the City Council meeting minutes of November 5,
1979, at which time Council authorized the City Manager "to expend $1,200
for a new fence and negotiate a contract with a private individual for the
operation and maintenance of (a City) impound lot", was noted. City Manager
stated a one-year contract had been drafted which WQuld authorize Ron Devereaux,
the operator of the only licensed wrecker service in the area, to operate
the City impound lot, with $ .50 per day to be remitted to the City for every
vehicle kept in the lot. Following discussion, it was moved by Campbell,
seconded by Leer and unanimously carried by all those present to authorize the
City Manager to enter into a lease agreement with Ron Devereaux for the period
of one year for operation of the City impound lot.
i,~
PAGE 74
REGULAR MEETING - APRIL 28, 1980
VOLUME 19
XII.
CITY MANAGER REPORTS:
(cont'd)
C ATTORNEY/
BAYV IEW
ADDN:
B. April 16, 1980, "Claim for Damages" in the amount of $286.32 as
submitted by Wolfgang Mikat for damages allegedly caused to his fence by a
City snow plow, was noted. City Manager stated that the fence in question
was located on the property line running parallel to a 20-foot wide alley
which was used as a main street by residents in the area. He stated the
alley needed to be cleared of snow in the wintertime and it was extremely
difficult for the City crews to remove the snow when fences and cars were
located directly adjacent to the alley. Gillespie stated a person had the
right to place a fence on his property line and spoke in favor of the City
paying the claim contingent upon Mr. Mikat signing an agreement that the
fence would not be relocated such that the problem could reoccur. Swartz
questioned the timeliness of the claim, citing that the damage had occurred
during December or January and the claim had not been submitted until
April 16. Following discussion, it was moved by Campbell, seconded by
Cripps but failed as follows to honor Wolfgang Mikat's claim for $286.32:
Ayes:
Noes:
Absent:
None
Campbell, Cripps, Gillespie, Hugli, Leer and Swartz
Soriano
It was moved by Gillespie, seconded by Cripps but did not carry as follows to
allow the City Manager to negotiate a settlement with Wolfgang Mikat for the
damage to the fence with the stipulation that the liability or the situation
would not happen again:
Ayes:
Noes:
Absent:
Cripps, Gillespie and Leer
Campbell, Hug1i and Swartz
Soriano
PURCHASING
AGENT:
C. City Manager distributed a price comparison for tires as bid
by Marathon Fuel Service, Terry's Chevron and Western Auto. He stated that
although Western Auto had submitted the lowest bid at $1,219.36, there was
a three-week waiting period for the tires. Therefore, he recommended Council
approval of the bid as received from Terry's Chevron in the amount of $1,251.18
for the 22 tires needed by May 1. It was moved by Gillespie, seconded by
Leer and unanimously carried by all those present to accept the bid of Terry's
Chevron in the amount of $1,251.18.
D. City Manager reported on the meeting held the previous week
with Chugach Electric Association General Manager Bud Schultz. He stated
the City had reached an agreement with Chugach for the purchase of firm
wholesale power and a contract would be presented for Council review at the
May 12 meeting.
E. City Manager reported that representatives of VECO would be
arr1v1ng Friday for a meeting regarding the proposed shipyard to be located
at the 4th of July Creek area.
F. City Manager requested Council schedule a work session to be
held prior to the May 12 regular meeting in order to discuss the proposed
City budget for fiscal year 1980-81 and the Board of Adjustment review of
the Miller/Lewis case. Hugli, with Council consent, scheduled a study
session for Thursday, May 8, 1980, commencing at 7:00 p.m.
XII 1.
COUNCIL DISCUSSION:
A. City Code Chapter l8A "Public Nuisances" was noted. Campbell
stated the mechanism was present for removing the junked cars and debris
strewn throughout the City. He stated the administration would have to be
supported in its judgmental decisions on what was junk and, with Council
consent, he stated the City Council supported the efforts of the administra-
tion in pursuing the cleaning up of the City by enforcement of the pro-
visions of Chapter l8A of the City Code.
HARBOR:
I
I
I
PAGE 75
REGULAR MEETING - APRIL 28, 1980
VOLUME 19
XII1.
(cont'd)
COUNCIL DISCUSSION:
B. Connie Bencardino appeared from the audience and gave a verbal
report on the Harbor Commission activities. The Harbor Commission meeting
minutes of April 23, 1980, were noted. Following discussion, Campbell requested
the City Attorney draft an ordinance to dissolve the Harbor Commission. He
stated that since the Harbor was now operated as an enterprise fund--as were
the water and electrical utility for which there was no advisory board--he felt
there was no function necessarily served by the Commission. Bencardino agreed
with Campbell in that there was no need for the Harbor Commission.
C. Swartz requested that in enforcing the public nuisance ordinance
the administration also investigate the feasibility of requiring absentee owners
to keep vacant lots clear of debris and hazardous conditions.
D. Swartz requested more Police patrols on the residential streets
to assist in the control of speeding drivers.
E.
and Madison.
blocking the
Leer spoke on the auto body shop located on the corner of 4th
She stated cars were parked allover the lot and were almost
alley. City Manager stated he would look into the matter.
F. C~ipps reported that he had attended a partisan political meeting
in Anchorage the previous weekend and there appeared to be a significant group
of Seward residents involved in the ''Moral Maj ority". He stated the group was
well-organized and an effective entity throughout Alaska. He stated that
only about 30 percent of the registered voters within the City had turned out
for the past municipal election and, with this low percentage of participation,
a group such as the ''Moral Majority" could feasibly control local politics
within a period of two years. He stated that if this were to happen local
politics could be expected to change drastically. Cripps commented that although
he was not judging whether this possibility was good or bad, he felt the local
citizenry should be aware of the situation.
XIV.
CITIZENS' DISCUSSION:
A. Herman Leirer appeared from the audience and spoke on the junk
strewn throughout the City. He stated the City should dispose of the old
cradles stored in the harbor area and, spoke in support of citations being
issued for littering.
B. Bob Valdatta appeared from the audience and spoke on a Federal
program which granted monies for junked vehicles. Further, he spoke on the
City seeking removal of the high-risk earthquake designation on the 7th Avenue area.
Valdatta requested an hourly wage and the use of City equipment to clean
up the City park and cemetery.
C. Ronnie Lewis appeared from the audience and questioned why the
Board of Adjustment had not made a decision that evening on his appeal. Hugli
stated that the Councilmembers had received additional information from the
attorney just prior to the meeting which they had not had the opportunity to
review. City Clerk commented that Mrs. Lewis had also handed her a packet of
information at 7:15 p.m. which she requested the Council review prior to a
decision being made on the issue.
D. Les Dooley appeared from the audience and asked questions
relative to the Board of Adjustment hearing held earlier. Further, he spoke
against the Council's decision not to pay Wolfgang Mikat for the damage done
to his fence.
XV.
ADJOURNMENT:
adjourned at 10:30 p.m.
dl/d!f-~
Ray a L. Hugli .' ~
Mayor
'. y".
'V
<s)'~i~'~~... " ','
,'?-4r c.,.; .....
"I.' E OF p\~. ,.:...-",
:0,.,:,. ... ~.' ,
-'VD;r:-..,..."~-, I
7f;
PAGE 76
REGULAR MEETING - MAY 12, 1980
VOLUME 19
1.
CALL TO ORDER:
The May 12, 1980, regular meeting of the Seward City Council was
called to order at 7:30 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Cripps led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Cripps, Gillespie and
Soriano (Absent, with Council consent, were
Campbell, Leer and Swartz)
Present also: City Manager Johnson, City Attorney Jarrell,
Administrative Assistant Schaefermeyer and
City Clerk Shanley
PROC:
PROCLAMATIONS:
At the request of the Mayor, the City Clerk read in full the following
proclamations:
"Poppy Day" - May 24, 1980
"Opening Day - 1980 Sailing Season" - May 17, 1980
IV.
APPROVAL OF MINUTES:
It was moved by Soriano, seconded by Gillespie and unanimously
carried by all those present to approve the regular meeting minutes of
April 28, 1980, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested the following changes be made to the regular
meeting agenda:
IX. Ordinances and Resolutions:
A. Ordinances for Introduction:
1. DELETE proposed Ordinance No. 486 regarding
derelict and abandoned vessels in the Seward
Small Boat Harbor area
C. Resolutions:
4. ADD proposed Resolution No. 80-25 regarding
the 1979-80 budget
City Manager requested the following addition be made to the consent
calendar:
6. Bill from Raymond Burgess, Alaska Land Surveys,
in the amount of $950 for surveying - Approve
for payment and file
Hugli requested that the following item be deleted from the regular
meeting agenda in order to allow the Councilmembers an opportunity to discuss
the matter in an executive or work session prior to action:
X. Unfinished Business:
A. City Council, sitting as a Board of Adjustment,
ruling on what constitutes the City's Compre-
hensive Plan and if the Borough Planning Commis-
sion's action relative to the conditional use
permit requested by Daren Miller was consistent
with that Plan
PAGE 77
V.
, '
REGULAR MEETING - MAY 12, 1980 VOLUME 19
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
Following discussion, Hugli, with Council consent, scheduled a Council
work session for Monday, May 19, 1980, commencing at Noon, in order to discuss
the matter before the Board of Adjustment.
Following discussion, it was moved by Soriano, seconded by Gillespie and
unanimously carried by all those present to approve the regular meeting agenda and
consent calendar as amended and the following actions were taken:
I
COMPTROLLER:
BUDGET:
ELECTRIC:
C ATTORNEY:
I
FIRE DEPT/
ORIGINAL
TOWNSITE:
V1.
1.
Comptroller's list of Accounts Payable for April 1980,
totaling $541,959.37, was approved for payment and
filed.
2. April 28, 1980, bill from Price Waterhouse and Company
in the amount of $3,107.30, for fiscal year 1979-80
auditing services, was approved for payment and filed.
3. CH2M Hill Invoice No. 10093 dated April 15, 1980, in the
amount of $423.54 for services rendered October 25-31,
1979, relative to the Seward Electric Department, was
approved for payment and filed.
4. April 25, 1980, bill fron Cranston, Walters, Dahl and
Jarrell for legal services rendered during March 1980,
totaling $4,884.65. was approved for payment and filed.
5. Letter received April 30, 1980, from Douglass Downes
concerning the effect of the City dump station on the
purity of Resurrection Bay, was presented for information
only.
6. May 7, 1980, bill from Raymond Burgess, Alaska Land
Surveys, in the amount of $950 for the survey of the
exterior boundary of Lots 25-33, Block 16, Original
Townsite, was approved for payment and filed.
BOROUGH ASSEMBLY REPORT:
None
VII.
PUBLIC HEARINGS:
BUDGET: A. Public hearing was opened on the proposed use of approximately
$79,522 in Federal revenue sharing funds anticipated to be received by the City
during fiscal year 1980-81; and notice of the scheduled hearing, as published
two times in the local newspaper and posted, was noted. No one appeared from
the audience in order to be heard and the public hearing was closed.
VIII.
CITIZENS' DISCUSSION:
(With prior notice only)
A. Major Watts of the 8l3th Engineer Battalion (U.S. Army Reserve)
appeared from the audience and spoke and answered questions on tentative plans
to establish a reserve detachment in Seward. Following discussion, Hugli,
with Council consent, stated the City would assist with the establishment of
a detachment in Seward if the plan became a reality.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
I
HARBOR/
ORDS: title only
entitled:
1. Copies being made available to the public, Hugli noted by
proposed ordinance aboliShing the Seward Advisory Harbor Commission,
An Ordinance Abolishing the Seward Harbor
Commission and Repealing Sections 5-3 and
5-4 of the Seward City Code
It was moved by Soriano, seconded by Gillespie and unanimously carried by all
those present to introduce proposed Ordinance No. 486, with the public hearing
scheduled for June 9, 1980.
HARBOR/
RES:
WATERFRONT
RES:
OCEANVIEW
RES:
BUDGET/
RES:
'/ r.
PAGE 78
REGULAR MEETING - MAY 12, 1980
VOLUME 19
x.
ORDINANCES AND RESOLUTIONS:
(cont'd)
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
1. Copies being made available to the public, Hugli noted by
title only proposed resolution supporting the Corps of Engineers' proceeding
with a Detailed Project Report (Section 107 Study) for the proposed construction
of an expanded harbor facility, entitled:
A Resolution of the Common Council of the
City of Seward, Alaska, Hereby Giving
Certain Assurances to the Department of
the Army, Corps of Engineers, in Connection
With the Proposed Construction Improvements
to the Seward Harbor Extension
City Manager reported that the resolution supported the conversion of the harbor
study from a General Investigation Study to a Section 107 Study, representing
an expedited project schedule for the harbor construction. It was moved by
Gillespie, seconded by Soriano and unanimously carried by all those present
to approve Resolution No. 80-22.
TRACTS/ 2. Copies being made available to the public, Hugli noted
title only proposed resolution approving a two-year lease with The North
Pacific Rim for operation on a teen center on Tract 2, Seward Waterfront
Tracts, entitled:
by
Resolution of the City Council of the
City of Seward, Alaska, Providing for
the Disposition of City Owned Land by
Negotiation
City Attorney spoke on the resolution and lease agreement, confirming that
the only change in the initial agreement signed in 1978 was that the required
insurance was increased from $200,000 to $400,000. It was moved by Soriano,
seconded by Cripps and unanimously carried by all those present to approve
Resolution No. 80-23.
SUB/ 3. Copies being made available to the public,
title only proposed resolution approving an exchange of land
Subdivision between the City and Mike Meehan, entitled:
Hugli noted by
in the Oceanview
A Resolution Approving a Land Exchange
of City Property for a Parcel Owned by
Mike Meehan in the Vicinity of Lot 5,
Block 4, Oceanview Subdivision, and
Authorizing the City Manager to Negotiate
the Exchange
It was moved by Cripps, seconded by Gillespie and unanimously carried by all
those present to approve Resolution No. 80-~4, upon the approval of the Planning
and Zoning Commission.
4. Copies being distributed to Council and made available to the
public, Hugli noted by title only proposed resolution regarding the fiscal year
1979-80 budget, entitled:
A Resolution Appropriating Monies From
the General Fund Balance to the 1979-
80 Budget
City Manager spoke and answered questions on the resolution appropriating
$117,765 in general fund monies to various departments in order to allow the
purchase of some equipment and other items during the current budget year.
Following discussion, it was moved by Soriano, seconded by Cripps and unani-
mously carried by all those present to approve Resolution No. 80-25.
PAGE 79
REGULAR MEETING - MAY 12, 1980
VOLUME 19
X.
UNFINISHED BUSINESS:
HARBOR
A. Harbormaster Singleton's memo of May 1, 1980, to City Manager
Johnson relative to the numerous telegrams received by the City in protest
to the assessment of personal property tax on motor vessels, was noted for
information only.
XL
NEW BUSINESS:
WATERFRONT TRACTS: A. May 2, 1980, letter from Margaret Anderson, Seward Marine
I Services Inc., requesting a permanent easement to be filed with U.S. Survey
No. 1806 in exchange for a sewer and road easement across the subject
property (Anderson Dock), was noted. City Manager stated that the Anderson
Dock was encroaching onto City tidelands; however, the encroachment had
existed prior to the City receiving the tideland rights from the State. He
reported that many attemps had been made in the past to resolve the issue.
He spoke in support of Council action granting Anderson a permanent easement
in exchange for the City's receipt of the necessary easements to cross
Anderson's property for the sewage treatment plant to be located at Lowell
Point. Following discussion, it was moved by Gillespie, seconded by Soriano
and unanimously carried by all those present to instruct the administration
to draft both exchanges of easements.
I
City Manager further reported that Anderson was interested in
leasing that portion of City-owned Tract A, Seward Waterfront Tracts, which
was located directly north of the dock, containing approximately 2.549 acres.
Anderson appeared from the audience and stated she wished to utilize the land
for parking and storage space. Gillespie stated that considering the limited
amount of waterfront land available, he would like to see any lease of such
land to contain a requirement for development of the parcel. Following
discussion, it was moved by Soriano, seconded by Cripps and unanimously
carried by all those present that the administration enter into a lease
agreement with Seward Marine Services for Tract A, Seward Waterfront Tracts.
City Attorney noted that with any conveyance of public land the City Code
specifically required a public hearing, followed by a ten-day waiting period,
followed by approval of a resolution, and then another waiting period of
30 days. Hugli, with Council consent, directed the City Clerk to schedule
the necessary hearing for the next regular Council meeting (May 27, 1980).
MARINA SUB: B. The following items were noted relative to a requested lease
assignment and sub-lease on City-owned Lot 2, Block 1, Marina Subdivision:
"Commercial Site Lease of Uplands"
dated February 24, 1969, for Lot 2,
Block 1, Marina Subdivision
January 31, 1980, letter from City
Clerk to present lessees of the
subject property--Daniel and Ruth
Smi th
"Contract for Assignment of Lease
and Sale of Business" dated September
1, 1979, between the Smiths and Pete
Minio relative to a portion of the
subject property
I
May 8, 1980, letter from legal counsel
Helen Simpson, representing the Smiths,
requesting Council approval of a lease
assignment from Smith to Dale and Joan
Clemens
The following letter was distributed to Council:
May 9, 1980, letter from Dale and Joan
Clemens, requesting Council approval of
a sub-lease of "The Galley" to Minio
kn
PAGE 80
REGULAR MEETING - MAY 12, 1980
VOLUME 19
XL
NEW BUSINESS:
(cont'd)
MARINA
SUB:
(cont'd)
City Attorney and Raymond Gillespie (legal counsel for Pete Minio) appeared
and spoke on the requested lease assignment from Smith to Clemens and a sub-
lease of "The Galley" from Clemens to Minio. Administrative Assistant noted
that the City lease agreements required Council approval of any lease assign-
ment or sub-lease. He reported that the contract between Smith and Minio
which had been referenced had never been approved by the Council. In answer
to a question, Dale Clemens appeared from the audience and stated he would
be the party responsible for paying the yearly rental fees due the City.
Following discussion, it was moved by Gillespie, seconded by Cripps and
unanimously carried by all those present that the City consent to the transfer
of the lease from Smith to Clemens. It was moved by Gillespie, seconded by
Soriano and unanimously carried by all those present to approve the sub-lease
from Clemens to Minio for that portion of Lot 2, Block 1, Marina Subdivision
better known as "The Galley".
SISTER CITY: C. April 30, 1980, letter from Northern Regions Center, requesting
arrangements be made for a group of Japanese youth arriving in Seward on
July 26, 1980, for a camping trip, was noted. Hugli requested the administration
contact Messrs. Bob Richardson and Brent Whitmore and request that they make
the necessary arrangments for the Japanese group.
BUDGET:
D. The draft City of Seward budget for fiscal year 1980-81 was noted
and City Manager spoke and answered Council questions on the document. He
confirmed that with the approval of Resolution No. 80-22, the draft budget
would have to be amended to remove those items to be purchased this year.
agreement
wholesale
future.
E. City Manager stated the administration was reviewing a draft
between the City and Chugach Electric Assocation for the supply of
power and the contract would be presented to Council in the near
RECESS:
The meeting was recessed at 9:03 p.m.; reconvened at 9:15 p.m.
XII.
CITY MANAGER REPORTS:
A. May 8, 1980, news release entitled "New Seward Shipyard to
Become a Reality", was noted.
SEWARD FISH: B. April 23, 1980, notice from New England Fish Company regarding
Chapter 11 bankruptcy proceedings, was noted. Donald Hansen, Plant Manager
of the local Seward Fisheries operation, appeared from the audience and stated
the court had allowed Icicle Seafoods to maintain management of the corporation
and the local Seward Fisheries plant would not be adversely affected by the
proceedings.
LOC ORGS: C. Letter (undated) received from Pamela Oldow, requesting
Council financial assistance for a promotional advertising campaign as
proposed by Murray, Bradley and Rockey, Inc., was distributed and read in
full by the City Manager. Raymond Gillespie, President of the Chamber of
Commerce, appeared from the audience and spoke in support of Council donating
$1 for every $3 raised from local merchants to broadcast a promotional
"jingle" to be played on Anchorage radio stations. A tape recording of the
commercial was played for Council and the audience. Following discussion,
it was moved by Hugli, seconded by Cripps and unanimously carried by all
those present to approve not more than $5,000 from the Mayor's contingency
fund for the project.
PKS & REC: D. Letter (undated) from Robert Valdatta, submitting an unsolicited
bid for maintenance of the grounds at the cemetery, Benson Memorial and the
City dock park, at $15 per hour or $2,500 per month, was distributed and read
in full by the City Manager. Following discussion, Hugli, with Council
consent, directed the City Manager to draft guidelines for City grounds
maintenance and to request bids for the services.
PURCHASING/
STREET
DEPT:
I
PURCHAS ING /
ELECTRIC
DEPT:
'... \
, ~ j,
PAGE 81
REGULAR MEETING - MAY 12, 1980
VOLUME 19
XI1.
(cont'd)
CITY MANAGER REPORTS:
E. City Manager spoke on bids received for two radios with vehicle
mounts as needed by the Street Department. He recommended that Council accept
the low bid of Land and Marine for the two radios, with the purchase of only
one vehicle mount, at a cost of $2,203.45. Following discussion, it was moved
by Soriano, seconded by Gillespie and unanimously carried by all those present
to authorize the City Manager to accept the bid of $2203.45 for the two radios,
with some modifications.
F. City Manager stated he had been contacted by a representative
of Alaska Fisheries Corporation regarding the feasibility of establishing a
smoked fish plant in Seward. He asked for permission to negotiate with the
company for a Seward location for the plan~ there were no objections voiced
by Council.
G. City Manager stated the Electric Department was in need of a backhoe
and spoke on bids received from various vendors. He recommended the purchase of
a Case 480C with 370 hours, available from Yukon Equipment at $23,900 plus cab
costs of $4,500. It was moved by Gillespie, seconded by Soriano and unanimously
carried by all those present to give the City Manager the authority to purchase
a backhoe, not to exceed $28,400.
PKS & REC: H. City Manager requested approval to purchase chain-link fencing
at $660, forms for a retaining wall at $1,000, and cement at $250, totalling
$1910, in order to fix up the small ball field; it was so moved by Soriano,
seconded by Cripps and unanimously carried by all those present.
ELECTRIC DEPT: 1. City Manager requested approval to enter into a contract with
the engineering firm of CH2M Hill for an amount not to exceed $30,000 for
the relocation of power lines necessary as a part of the electric substation
project; it was so moved by Soriano, seconded by Gillespie and unanimously
carried by all those present.
I
J. Administrative Assistant spoke on monies received from the State
of Alaska, Department of Environmental Conservation, for the Seward Water
System Improvements project. He stated that the City had been advanced $1,868
in excess of the approved amount for the project and DEC was requesting a
refund. It was moved by Gillespie, seconded by Soriano and unanimously carried
by all those present to refund $1,868 to DEC.
K. City Manager requested Council approval to take a ten-day leave
beginning May 14; there were no objections voiced by Council.
XIII.
COUNCIL DISCUSSION:
A. Harbor Commission report - None
ELECTRIC DEPT: B. "Feasibility Assessment - Hydropower Development at Grant Lake"
as prepared by CH2M Hill and dated April 1980, was noted.
K P B:
C. "Situation and Prospects - Kenai Peninsula Borough" dated
January 1980, was noted.
SP COM EVENTS: D. Letter received May 7, 1980, from the Chamber of Commerce regarding
the 4th of July parade was noted.
I
E. City Manager, with Council consent, recommended the rescheduling
of the second regular Council meeting in May from Monday, May 26 (a City holiday),
to Tuesday, May 27.
F. Cripps stated if there were no liability problems the Lions Club
would undertake the project of cleaning up the two City tot lots; City Attorney
confirmed there were no liability problems.
XIV.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
~~ !.
PAGE 82
REGULAR MEETING - MAY 12, 1980
VOLUME 19
XV. ADJOURNMENT:
was adjourned at 10:00 p.m.
~/~
L lu'
~1ffion . Hugli
Mayor
PAGE 82
REGULAR MEETING - MAY 27, 1980
VOLUME 19
1.
CALL TO ORDER:
The May 27, 1980, regular meeting of the Seward City Council was
called to order at 7:32 p.m. by Mayor Hug1i. "Notice of Amended Meeting
Date" as posted and published two times in the local newspaper, notifying
of the rescheduling of the May 26 meeting date to May 27 due to the observance
of the Memorial Day holiday, was noted.
11. OPENING CEREMONY:
Councilmember Campbell led the pledge of allegiance to the flag.
IlL ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps,
Gillespie, Leer and *Soriano (Absent, with Council
consent, was Swartz)
Present also: City Manager Johnson, City Attorney Jarrell, Admin-
istrative Assistant Schaefermeyer and City Clerk
Shanley
PROCLAMATION:
"City of Seward Proclamation - Pioneer King and Queen Regent
Day - June 7, 1980", declaring said date as Herman and Winifred
Leirer Day, was distributed and the Mayor so proclaimed.
IV. APPROVAL OF MINUTES:
It was moved by Soriano, seconded by Leer and unanimously carried
by all those present to approve the regular meeting minutes of May 12, 1980,
as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Clerk requested that the following additions be made to the
regular meeting agenda:
IX. Ordinances and Resolutions:
C. Resolutions:
2. Proposed Resolution No. 80-27 regarding
Resurrection River Road construction
PAGE 83
REGULAR MEETING - MAY 27, 1980 VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
XII. City Manager Reports:
A. May 23, 1980, letter from Ronald Henderlong,
requesting permission to operate a fresh
produce stand during the summer months on
private property near the Seward Small Boat
Harbor
I
Hugli requested that the following item be added to the regular meeting
agenda:
XIII. Council Discussion:
A. City legal services
City Clerk requested that the following additions be made to the consent
calendar:
4. May 20, 1980, bill from May Contracting Inc., for
services rendered relative to the court case
Engineering Science of Alaska vs. City of Seward,
totaling $850 - approve for payment and file
5. "Application for Permit for Authorized Games of
Chance and Skill for Calendar Year 1980" as sub-
mitted by Elks Lodge #1773 - approve for Mayor's
signature
It was moved by Gillespie, seconded by Soriano and unanimously carried
by all those present to approve the regular meeting agenda and consent calendar
as amended and the following actions were taken:
I
1. Notice that Senator Ted Stevens' mobile office would
be arriving in Seward on May 28, 1980, was noted for
information only.
C ATTORNEY:
2. May 12, 1980, letter from James R. Filip, submitting
claim for testifying at Engineering Science of Alaska
vs. City of Seward trial, totaling $843.65, was approved
for payment and filed.
C ATTORNEY:
3. May 13, 1980, bill from Trans-Alaska Engineering for
services rendered by Dick Lowman at the Engineering
Science of Alaska vs. City of Seward trial, totaling
$752.50, was approved for payment and filed.
C ATTORNEY:
4. May 20, 1980, bill from May Contracting Inc., for
services rendered relative to the court case
Engineering Science of Alaska vs. City of Seward,
totaling $850, was approved for payment and filed.
LOC ORGS:
5. "Application for Permit for Authorized Games of
Chance and Skill for Calendar Year 1980" as submitted
by Elks Lodge #1773, was approved for the Mayor's
signature.
I
V1.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting held May 6, 1980.
h;:
PAGE 84
REGULAR MEETING - MAY 27, 1980
VOLUME 19
VI1.
PUBLIC HEARINGS:
BUDGET:
A. Public hearing was opened on the proposed City of Seward budget
for fiscal year 1980-81 and the "Notice of Public Hearings" as posted and
published in the local newspaper, was noted. No one appeared from the audience
in order to be heard and the public hearing was closed. City Manager spoke
briefly on the second draft of the budget, stating that the budget had increased
$59,563 over the previous year.
Gillespie stated that although he supported the job done by the
Police Department, he felt a limit had to be set on how much the City was
willing to spend for police service; he commented that a $600,000 police
budget out of a total City budget of $2 million seemed too high. In answer
to a question from Hugli, City Manager stated that approximately half of the
Police Department budget was funded by monies obtained from Federal and
State government sources and he would compile exact figures on that funding
for the next Council meeting. He reported that the Police budget had increased
by approximately 10 percent--a large portion of that increase was due to rising
liability insurance premiums.
In answer to a question from Gillespie regarding television service,
City Manager reported that the administration proposed to spend no more on
television than what the City received in revenues from the $4 per month charge
added to the City utility bills.
Following discussion, City Manager informed Council that another
public hearing on the budget was scheduled for the Council meeting of June 9.
He requested the Councilmembers give him advance notice if any changes were to
be made in the budget draft.
WATERFRONT
TRACTS:
B. Public hearing was opened on the request received from Seward
Marine Services Inc., to lease City-owned Tract A, Seward Waterfront Tracts,
lying directly north of the existing Anderson Dock and consisting of approximately
2.549 acres, and the following items were noted:
"Seward City Council Notice of Public
Hearing - May 27, 1980", as posted and
published one time in the local newspaper
May 2, 1980, letter from Margaret Anderson,
Seward Marine Services Inc., requesting
approval of a long-term lease for the subject
tract
No one appeared from the audience in order to be heard and the public hearing
was closed. Gillespie reiterated his position as voiced at the May 12 meeting,
stating that any lease of the waterfront property should contain a development
schedule for improvement of the tract. Hugli, with Council consent, agreed
with Gillespie and stated that any lease document would contain such a provision.
VIII.
CITIZENS' DISCUSSION:
A. Administrative Assistant introduced audience members Susan Dietz
and John DeVore from Senator Ted Stevens' office. Deitz and DeVore had arrived
in Seward with the Senator's mobile office and DeVore stated that the office
would be open the following day for local citizens to talk with the staff members.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
HARBOR/
ORDS:
1. Copies being made available to the public and distributed
to Council, Hugli noted by title only proposed ordinance regarding abandoned
and derelict vessels, entitled:
An Ordinance Relating to Derelict Vessels
Gillespie questioned the handling of documented vessels. City Attorney reported
that the ordinance was similar to the State regulations and the State had
apparently not met with major problems in enforcing the law, even when enforce-
ment involved a documented vessel. City Attorney also reported that the ordinance
addressed derelict equipment such as cradles.
HARBOR/
ORDS:
(eont'd)
I
SCHOOLS/
RES:
I
STREETS,
RES:
I
PAGE 85
REGULAR MEETING - MAY 27, 1980
VOLUME 19
1,1
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
A. Ordinances for Introduction:
(cont'd)
*COUNCIlMEMBER SORIANO DEPARTED THE MEETING AT 8: 00 P.M.
Following'discussion, it was moved by Cripps, seconded by Leer and unanimously
carried by all those present to introduce Ordinance No. 487; a public hearing
was scheduled for the Council meeting of June 23.
ELECTRIC/ 2. Copies being made available to the public, Hugli noted by
ORDS: title only proposed ordinance regarding the filing of liens for delinquent
utility charges, entitled:
An Ordinance Relating to City Utility
Charges and Creating a New Section
9-10 of the Seward City Code
City Manager and City Attorney spoke on the need for such an ordinance in order
to provide the City some recourse against large utility customers who go out
of business and leave a substantial electrical bill unpaid. City Attorney
confirmed that the ordinance addressed all customers of the Seward utilities,
including those outside the City limits. Following discussion, it was moved
by Campbell, seconded by Leer and unanimously carried by all those present to
introduce proposed Ordinance No. 488; a public hearing was scheduled for the
Council meeting of June 23.
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
1. Copies being made available to the public, Hugli noted by title
only proposed resolution supporting the year-round use of the public schools'
recreational facilitIes, entitled:
A Resolution Supporting Year-Round Use of
the Seward Public Schools' Recreational
Facilities
Gillespie stated he had asked the Clerk to draft the resolution due to information
he had received from the community schools director that although the swimming
pool would be open during the summer months, it was anticipated that the gymnasiums
and racquetball court would be closed. Campbell stated the community schools'
budget had been increased the previous year specifically for the purpose of
providing the funds necessary to maintain the recreational facilities throughout
the entire year. Following discussion, it was moved by Gillespie, seconded by
Leer and unanimously carried by all those present to approve Resolution No. 80-26.
RDS, HWYS/ 2. Copies being made available to the public and distributed to
Council, Hugli noted by title only proposed resolution regarding Resurrection
River Road construction and maintenance, entitled:
A Resolution Supporting a Proposed Cooperative
Agreement Relative to the Resurrection River Road
City Manager stated the Chamber of Commerce had adopted a similar resolution
and had requested the City to do the same. Administrative Assistant spoke on
the history of the City's involvement and investment in the road. He reported
that the cooperative agreement as cited in the resolution would commit the City
to supporting the project of the road construction and maintenance in principal
and relinquishing any and all management responsibilities for the road. Follow-
ing discussion, it was moved by Gillespie, seconded by Campbell and unanimously
carried by all those present to approve Resolution No. 80-27.
~j~: f~
PAGE 86
REGULAR MEETING - MAY 27, 1980
VOLUME 19
x.
UNFINISHED BUSINESS:
FIRE DEPT: A. The proposed "Mutual Aid Agreement" between the City of Seward
and the Bear Creek Fire Service Area was noted. Following discussion, City
Manager requested that any action on the item be postponed until Fire Chief
Watsjold returned from vacation in order that a report could be received from
him on the agreement. With Council consent, City Manager stated the proposed
agreement would be scheduled for discussion at the July 14 Council meeting.
CLIFF ADDN:
CLIFF ADDN/
STREETS:
TRANSIENT
MERCHANTS:
PERSONAL
PROPERTY:
XL
NEW BUSINESS:
A. May 18, 1980, letter from Andy and Sharon Anderson requesting
to purchase City-owned Lot 4, Block 9, Cliff Addition, for $5,000 was noted.
City Manager stated that if Council wished to consider selling the lot the
City Code required that an appraisal of the property be conducted and a
public hearing be held prior to the approval of a resolution which would
provide for the Anderson's purchase of the City parcel. Hugli, with
Council consent, directed the City Manager to proceed with the necessary
process to dispose of the City parcel.
B. The following items were noted relative to the March 3, 1980,
petition as filed by Mr. and Mrs. Stanley Kerka and Elsie and Norman Sundby
for the ~cation of a portion of the 60-foot right-of-way known as Cliff
Street:
A portion of the Seward Advisory Planning
and Zoning Commission meeting minutes of
May 14, 1980, at which time the Commission
recommended Council approval of the petition
April 30, 1980, letter from Borough Planning
Director Waring, notifying the City Council
of the 30-day time period (from April 28)
in which to veto the proposed vacation
Vicinity map
Draft minutes of the April 28, 1980, Borough
Plat Committee meeting, at which time the
Committee acted to conditionally approve the
requested vacation
March 3, 1980, petition from the Kerkas and
Sundbys, adjacent landowners to the requested
vacation.
Administrative Assistant confirmed that the local Planning and Zoning Commission
had recommended Council approve the requested vacation and stated the administra-
tion also supported such action. Following discussion, it was moved by Gillespie,
seconded by Campbell and unanimously carried by all those present to approve the
vacation as requested by the Kerkas and Sundbys.
XII.
CITY MANAGER REPORTS:
A. May 23, 1980, letter from Ronald Henderlong, requesting permission
to operate a fresh produce stand during the summer months on private property
near the Seward Small Boat Harbor was noted. City Manager stated the ordinance
regulating transient merchants and vendors allowed an exemption for the operation
of such a fresh produce stand and stated the administration supported the proposal.
It was moved by Campbell, seconded by Leer and unanimously carried by all those -
present to grant Henderlong's request for a permit to operate his produce
business this summer on private property.
B. City Manager displayed a brochure for a mobile asphalt recycling
machine at a cost of $9,700 delivered to Seward and requested approval to
purchase the equipment with monies from the 1979-80 fiscal year budget.
Following discussion, it was moved by Cripps, seconded by Gillespie and
unanimously carried by all those present to purchase the asphalt recycling
device at $9,700.
-', l
PAGE 87
REGULAR MEETING - MAY 27, 1980
VOLUME 19
XIII.
COUNCIL DISCUSSION:
C ATTORNEY:
I
I
I
A. Hugli reported that the current City Attorney would be leaving
the law firm of Cranston, Walters, Dahl & Jarrell and opening a private office.
He stated that Council, as the employer of the attorney, needed to take action
to either remain with the current firm or reappoint Ranald Jarrell. It was
moved by Gillespie, seconded by Campbell and unanimously carried by all those
present that, effective June 1, to dismiss the City's present firm and retain
Ranald H. Jarrell as City Attorney for a trial period of six months.
B. In answer to an inquiry from Leer, City Manager stated the sewer
project bid opening was scheduled for June 13.
C. In answer to a question from Cripps, City Clerk stated she had
omitted the Lewis appeal from the meeting agenda due to the uncertainty of
three Counci1members' attendance at the meeting. She confirmed she had so
informed Mr. and Mrs. Lewis of the postponement and that the issue would be
scheduled as an agenda item for the Council meeting of June 9.
D. In answer to a question from Campbell, City Manager stated the
administration was proceeding with the enforcement of the nuisance ordinance
and a publication would be made to notify the public of the intent to strictly
enforce the ordinance.
E. Administrative Assistant responded to a question from Campbell
regarding State Revenue Sharing funds and the payment of the deficiency for the
1979-80 fiscal year by stating that the City was anticipating the receipt of
an additional $20,000 to $25,000.
F. Gillespie questioned the status of House Bill 60 which contained
funds for the 4th of July Creek industrial park area access road and project
funds for the public facility to be construction at the site. City Manager
reported on the monies appropriated in the bill for Seward's proposed develop-
ment and stated that the Governor had until June 2 to veto the bill.
G. Hugli requested the City Manager prepare a report for the next
Council meeting regarding the status of the bid for television operation and
maintenance.
XIV.
CITIZENS' DISCUSSION:
A. Willard Dunham appeared from the audience and, as a member of
the Seward Advisory Harbor Commission, spoke against the Council's action
introducing an ordinance to abolish the Commission. He also spoke on Senator
Gravel's visit to Seward and on correspondence he had received regarding
transfer of ownership of the railroad spur in the Small Boat Harbor area from
The Alaska Railroad to the City of Seward.
B. Pat Williams appeared from the audience and spoke against the
City disposing of Lot 4, Block 9, Cliff Addition, for the price of $5,000
as offered by the Andersons (see XI. A., page 86). She stated the City
owned three adjacent lots on top of the hill and considered it a perfect
location for a City park. She urged Council to review the matter thoroughly
and receive a valid fair market value appraisal on the property prior to
selling the lot.
XV.
ADJOURNMENT:
The meeting was adjourned at 8:55 p.m.
-<~ // / ~
/' /
V)
Raymo L. Hug Ii
Mayor
{"~'
( \( '\
PAGE 88
REGULAR MEETING - JUNE 9, 1980
VOLUME 19
1.
CALL TO ORDER:
The June 9, 1980, regular meeting of the Seward City Council was
called to order at 7:31 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Cripps led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps,
*Gillespie, Leer, Soriano and Swartz
Present also: City Manager Johnson, City Attorney Jarrell,
Administrative Assistant Schaefermeyer and
City Clerk Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Cripps, seconded by Campbell and unanimously carried
by all those present to approve the regular meeting minutes of May 27, 1980,
as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the City Manager, it was moved by Cripps, seconded
by Leer and unanimously carried by all those present to recess to executive
session to discuss personnel matters immediately following approval of the
consent calendar and regular meeting agenda.
The following additions were requested to be made to the consent
calendar:
5. "Application for Permit for Authorized Games of Chance
and Skill" for Calendar Year 1980 as submitted by the
Seward Rebekah Lodge - approve for Mayor's signature
6. CH2M Hill Invoice No. 10126 dated May 15, 1980, in the
amount of $11,767.50 for professional services rendered
relative to the Grant Lake hydroelectric project -
approve for payment and file
7. CH2M Hill Invoice No. 10132 dated May 15, 1980, in the
amount of $12,933.83 for professional services rendered
relative to the Seward Salmon Derby facilities plan,
part of the 7th Avenue greenbelt feasibility and design
project - approve for payment and file
8. Trans-Alaska Engineering invoice dated May 19, 1980, in
the amount of $1,500 for the sewage treatment facility
design audit - approve for payment and file
9. Wells-Built Homes Inc. Invoice No. 1316 dated June 1,
1980, in the amount of $44,645 for the Seward Electric
System improvements project (substation) - approve for
payment and file
10. Wells-Built Homes Inc. Change Order #1 dated June 5,
1980, in the amount of $5,257.18, for the Seward Electric
System improvements project (substation) - approve for
payment and file
PAGE 89
REGULAR MEETING - JUNE 9, 1980 VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont' d)
The following additions were requested to be made to the regular
meeting agenda:
IX. Ordinances and Resolutions:
B. Ordinances for Public Hearing and Enactment:
I
3. Proposed emergency Ordinance No. 487 regarding
the operations of transient merchants and vendors
on special holidays
C. Resolutions:
6. Proposed Resolution No. 80-33 establishing
special holiday dates for the purpose of
exemptli)g transient merchants and vendors
from the provisions of the transient merchant
ordinance during the July 4 activities
7. Proposed Resolution No. 80-34 regarding the
application for required licenses for the
Grant Lake hydroelectric project
XII. City Manager Reports:
C. Letter received June 9, 1980, from Doris Mitchell,
d/b/a "Dorothy's Lounge", regarding a proposed
addition to the liquor establishment
I
Following discussion, it was moved by Soriano, seconded by Campbell
and unanimously carried by all those present to approve the regular meeting
agenda and consent calendar as amended and the following actions were taken:
COMPTROLLER: 1. List of Accounts Payable for May 1980, totaling
$538,723.35, was approved for payment and filed.
ABC B: 2. May 22, 1980, letter from the Alcoholic Beverage
Control Board, noticing of transfer of Breeze Inn
liquor license from Mindenbergs and Weeks to
Mindenbergs, was noted and filed without objection.
SISTER CITY: 3. Council approved for the Mayor's signature letters
to Mayor Tamoto of Obihiro, Japan, and the Japanese
Consulate, notifying of the City selection of David
Kasser, Michael Kothe and Brett Woern to participate
in the summer student cultural exchange program.
ELECTRIC: 4. CH2M Hill final billing for the Seward Electric
System design project, received June 4, 1980, and
totaling $17,457.83, was approved for payment and
filed.
AK, ST OF: 5. "Application for Permit for Authorized Games of
Chance and Skill" for Calendar Year 1980 as sub-
mitted by the Seward Rebekah Lodge was approved
for the Mayor's signature.
I ELECTRIC:
6. CH2M Hill Invoice No. 10126 dated May 15, 1980, in
the amount of $11,767.50 for professional services
rendered relative to the Grant Lake hydroelectric
project was app~oved for payment and filed.
PKS & REC:
7. CH2M Hill Invoice No. 10132 dated May 15, 1980, in
the amount of $12,933.83 for professional services
rendered relative to the Seward Salmon Derby facili-
ties plan--funded as a portion of the 7th Avenue
greenbelt feasibility and design study--was approved
for payment and filed.
'ji i
SEWAGE
TRTMT:
ELECTRIC:
ELECTRIC:
BUDGET:
HARBOR:
PAGE 90
REGULAR MEETING - JUNE 9, 1980
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
8. Trans-Alaska Engineering invoice dated May 19,
1980, in the amount of $1,500 for the sewage
treatment facility design audit was approved
for payment and filed.
9. Wells-Built Homes Inc. Invoice No. 1316 dated
June 1, 1980, in the amount of $44,645 for the
Seward Electric System improvements project
(substation) was approved for payment and filed.
10. Wells-Built Homes Inc. Change Order No. 1 dated
June 5, 1980, in the amount of $5,257.18 for the
Seward Electric System improvements project
(substation) was approved for payment and filed.
*COUNCILMEMBER GILLESPIE ARRIVED AT THIS TIME AND HEREAFTER TOOK PART IN THE
MEETING.
EXECUTIVE SESSION: Council recessed for an executive session regarding
personnel from 7:38 p.m. to 7:50 p.m.
V1.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting of June 3, 1980.
VI1.
PUBLIC HEARINGS:
A. Public hearing was opened on the City of Seward budget for
fiscal year 1980-81, and "Notice of Public Hearing" as posted and published
two times in the local newspaper was noted. City Manager distributed the
third draft of the budget. He also distributed and read in full his budget
letter to the Mayor and Councilmembers dated June 9, 1980, which set forth
a recommended mil rate of 12.5 for TCA 40 and 7.5 for TCA 41. The recommended
draft contained a general fund budget of $2,180.058 and a total City budget--
including the electric, water, sewer and harbor enterprise funds--of $4,273.210.
No one appeared from the audience in order to be heard and the public hearing
was closed. In reply to a question posed by Hugli at the May 27 Council meeting,
City Manager reported that of a total Police Department budget of $649,000,
$251,687 was derived from sources outside the City including, but not limited
to, revenue sharing monies, State contracts for drivers' education and the jail
facility, fines and bails and a security contract with The Alaska Railroad.
(see also IX. C. 5. Resolution No. 80-32, page 93)
VII 1.
CITIZENS' DISCUSSION:
(With prior notice only)
A. Yvon Van Driessche, P.O. Box 601, Seward, appeared from the
audience and related an incident which took place in the Small Boat Harbor
and involved his vessel. He stated his boat had been seized by the U.S.
Marshall and the Marshall had ordered that his vessel be taken out of the
water and placed in dry storage. Prior to the lifting of the vessel, Van
Driessche had asked that his boat be placed in the working yand in order
that he could proceed with major repair work. The boat was subsequently
removed from the water; however, it was not placed in the working yard.
When Van Driessche began sandblasting he was informed by the Harbormaster
that such major repair work could not be done in the area of dry storage
where his boat had been placed. The Harbormaster informed him that his
boat would have to be moved to the working yard, and a lift fee of $76.50
would be charged for the move. Van Driessche contended that since he had
initially requested his boat be placed in the working yard, it was unfair
that he be charged for the second lift of his vessel just because the Harbor-
master had failed to honor his request. He stated he had presented his
complaint to the Harbormaster and the City Manager but had not received
a favorable response; therefore, he had come before Council with his appeal.
City Manager spoke on the incident and reported that the
U.S. Marshall had paid for the initial lift of the vessel and Van Driessche
was not paying for more than one boat lift. Following discussion, Soriano,
with Council consent, stated that the charge levied Van Driessche was a fair
one and the Council would not move to reverse the administration's action.
WATERFRONT
TRACTS:
I
PAGE 91
REGULAR MEETING - JUNE 9, 1980
VOLUME 19
VII1.
CITIZENS' DISCUSSION:
(cont'd)
B. Gillespie requested that Council receive public questions and
comments at this time regarding the International Longshoremen and Warehousemen's
Union (ILWU) and the 4th Avenue Dock operations. Bob Valdatta appeared from
the audience and questioned who controlled the dock facility. City Manager
responded that until January 1, 1980, Northern Stevedoring and Handling Corporation
(NSHC) had held a Dock License Agreement with the City for operation of the City
dock facility; that agreement had expired in January and the Council had acted
not to renew the contract. He commented that the only restrictions the City
placed on use of the facility was that users not interfere with the Alaska
State Ferry System's preferential use of the dock and, further, that users pay
the appropriate moorage and wharfage fees as levied by the City. Valdatta spoke
in support of the City contracting with a private party for operation of the dock
facility.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment:
COMPTROLLER/ 1. Copies being made available to the public, Hugli noted by
f~BOR/ title only proposed ordinance establishing a special valuation for boats
ORDS: relative to personal property tax assessment, entitled:
I
HARBOR/
ORDS:
I
An Ordinance Regarding the Assessment
of Personal Property Within the City
of Seward, Creating Article III of
Chapter 19A, Sec. 19A-39 of the Seward
City Code
"Notice of Public Hearing" as posted and published three times in the local
newspaper was noted. Public hearing was opened on the subject ordinance.
Brent Whitmore and Jim Pruitt appeared from the audience and spoke in support
of the ordinance. Leslie Dooley appeared and spoke in support of levying the
full personal property tax mil rate on boats and thereby lowering the tax
burden for all Seward residents. Willard Dunham appeared and questioned the
tax equity of exempting commercial enterprises such as charter boats from
the personal property tax. In response, City Manager cited Alaska Statutes
29.53.025 which provided for the exemption for motor vessels. No one else
appeared from the audience in order to be heard and the public hearing was
closed. Following discussion, it was moved by Soriano, seconded by Swartz
and unanimously carried to enact Ordinance No. 485, effective in 30 days.
2. Copies being made available to the public, Hugli noted by
title only proposed ordinance abolishing the Seward Advisory Harbor Commission,
entitled:
An Ordinance Abolishing the Seward
Harbor Commission and Repealing
Sections 5-3 and 5-4 of the Seward
City Code
"Notice of Public Hearing" as posted and published two times in the local
newspaper was noted. June 5, 1980, letter received from Harbor Commission
Chairman Willard Dunham, objecting to the ordinance and submitting his resigna-
tion from the Commission, was distributed. Public hearing was opened on the
subject ordinance. Bob Valdatta, Bernard Hulm and Harbor Commissioners
Willard Dunham and Monty Richardson appeared from the audience and spoke against
the ordinance. Campbell spoke on the reasons which had led him to introduce
the ordinance, citing a main issue as the confusion of the Commissioners regarding
their duties and purpose, and their apparent lack of acceptance of the fact that
they were to serve in an advisory, not supervisory, capacity. He cited various
occasions where the Commissioners had acted as individuals rather than as a
member of the group. Hugli spoke on the recurring issues being discussed by
the Commission, even following Council action in opposition to a particular
Commission recommendation. Following discussion, it was moved by Gillespie,
seconded by Campbell and carried as follows to enact Ordinance No. 486:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Soriano and Swartz
Cripps and Leer
None
(.l'
,1.',
TRANSIENT
MERCHANTS/
SP COM
EVENTS/
ORDS:
PAGE 92
REGULAR MEETING - JUNE 9, 1980
VOLUME 19
IX.
(cont'd)
ORDINANCES AND RESOLUTIONS:
B. Ordinances for Public Hearing and Enactment:
(cont'd)
3. Copies being made available to the public and distributed to
Council, Hugli read by title only proposed emergency ordinance regarding the
operations of transient merchants on special holidays, entitled:
An Ordinance Relating to Temporary
Holiday Businesses and Creating a
New Section 16-10 of the Seward
City Code
City Manager stated the ordinance would permit the Council to allow the Chamber
of Commerce to coordinate all transient merchant and vendor operations on
special holidays such as the 4th of July and Salmon Derby, thereby exempting
the merchants on those occasions from having to comply with the provisions of
the transient merchant ordinance. He confirmed that the o~dinance was intro-
duced as an emergency measure in order for its provisions to be in effect in
time for the upcoming 4th of July activities. Public hearing was opened on
the emergency ordinance; no one appeared from the audience in order to be heard
and the public hearing was closed. City Attorney noted the Council would
have to determine the fee the Chamber of Commerce would be allowed to charge
each merchant for insertion in the ordinance. Following discussion, it was
moved by Hugli, seconded by Soriano and unanimously carried to enact emergency
Ordinance No. 487 with the fee set at $25.
C. Resolutions:
AK RAILROAD /
RES: title only
entitled:
1. Copies being made available to the public, Hugli noted by
proposed resolution regarding a custom bonded warehouse in Seward,
C CLERK/
RES:
WATERFRONT
TRACTS/
RES:
Establishing a Custom Bonded
Warehouse in Seward
May 29, 1980, letter from A.T. Polanchek, Assistant to the General Manager
of The Alaska Railroad, was noted, in which the Railroad offered to provide
a railroad car to be located inside the Railroad warehouse in Seward, at a
charge of $30 per month, for the City to use initially as a custom bonded
warehouse. City Manager spoke and answered questions on the proposed
resolution and Railroad letter, stating that once the need for the warehouse
expanded, the operation would be transferred to private enterprise. He
stated the resolution addressed the first step necessary in order to allow
foreign shippers to bring items into the Port of Seward with no duty being
charged on the items stored in the warehouse until they were removed there-
from. Soriano stated the idea and come from Bob Valdatta and he thanked
Valdatta for bringing this matter to the City's attention. Following discussion,
it was moved by Swartz, seconded by Campbell and unanimouSly carried to approve
Resolution No. 80-28.
2. Copies being made available to the public, Hugli noted by
title only proposed resolution regarding a City records retention schedule,
entitled:
A Resolution Creating a City
Records Retention Schedule
City Clerk commented that the retention schedule as attached to the resolution
was taken directly from that schedule recommended by the Alaska Association
of Municipal Clerks. Following discussion, it was moved by Campbell, seconded
by Cripps and unanimously carried to approve Resolution No. 80-29.
3. Copies being made available to the public, Hugli noted by
title only proposed resolution providing for the lease of Tract A, a portion
of Alaska Tidelands Survey No. 174 and located adjacent to the Seward Water-
front Tracts, to Margaret Anderson d/b/a Seward Marine Services Inc., entitled:
A Resolution Providing for the Disposal
of City-owned Tidelands by Lease and
Authorizing the City Manager to Negotiate
the Lease
_ 'J
PAGE 93
REGULAR MEETING - JUNE 9, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
WATERFRONTCity Attorney noted that the proposed Lease Agreement as attached and made a
TRACTS/ part of the proposed resolution did not contain a full development schedule as
RES: requested by Council in order for Council to discuss the matter and complete
(cont'd) that portion of the draft lease. City Manager further commented that an appraisal
had not yet been received on the fair market value of the property; therefore,
I the rental rate had not been established in the document. It was noted that
the resolution, if approved, would not become effective until 30 days following
approval, posting and publication; during that waiting period the additional
information could be gathered and transmitted to Council. Following discussion,
it was moved by Campbell, seconded by Soriano and unanimously carried to approve
Resolution No. 80-30.
WATERFRONT
TRACTS/
DEEDS &
EASEMENTS/
RES:
4. Copies being made available to the public, Hugli noted by
title only proposed resolution providing Seward Marine Services with an
easement across a portion of City land adjacent to the Anderson Dock, in
exchange for the City's receipt of a sewer line easement across Anderson's
property, entitled:
A Resolution Providing for an Easement
Across a Portion of City-owned Land to
Seward Marine Services, Inc.
I
In answer to a question from Gillespie, Administrative Assistant stated that
although the legal descriptions of the easements were not yet in the draft
documents, the information could be inserted at a later date. City Manager
reported that the easement to be granted Margaret Anderson d/b/a Seward Marine
Services Inc., was for a portion of City-owned tidelands onto which the Anderson
Dock had been encroaching for a number of years. In exchange, the City was to
receive a sewer easement across Anderson's property as necessary for the sewage
treatment plant to be constructed at Lowell Point. City Attorney remarked that
during the 30-day period prior to the resolution becoming effective the additional
information could be compiled and presented to Council. Following discussion, it
was moved by Cripps, seconded by Leer and unanimously carried to approve
Resolution No. 80-31.
BUDGET/
RES:
5. Copies being made available to the public and distributed
to Council, Hugli read by title only proposed resolution adopting the City budget
for fiscal year 1980-81, entitled:
A Resolution Adopting the City Budget
and Appropriating Funds for Fiscal
Year 1980-81
It was noted that the public hearing on the budget had been held earlier in
the evening (see VII. A., page 90). It was moved by Hugli, seconded by
Soriano and unanimously carried to approve Resolution No. 80-32, setting the
mil rate at 12.5 for TCA 40 and 7.5 for TCA 41, and assessing motor vessels
at the rate of $5 for those less than 5 net registered or certified tons and
at the rate of $15 for those vessels of more than 5 net registered or certified
tons.
TRANSIENT 6. Copies being made available to the public and distributed to
MERCHANTS/ Council, Hugli read by title only proposed resolution exempting transient
SPEC merchants and vendors from provisions of the City transient merchant ordinance
I COM during the 4th of July activities, entitled:
EVENTS/
RES: A Resolution In Compliance With
Section 16-10 of the Seward City
Code, Designating the Hours for
a Special Exemption Holiday
It was noted that the proposed resolution was required by emergency Ordinance
No. 487 as enacted earlier in the evening (see IX. B. 3., page 92). City
Manager recommended that the hours to be designated by the resolution for the
4th of July activities be set from Noon on July 3, 1980, until 6 P.M. on July 6,
1980. It was moved by Soriano, seconded by Swartz and unanimously carried to
approve Resolution No. 80-33.
q4
PAGE 94
REGULAR MEETING - JUNE 9, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS: (cont'd)
C. Resolutions:
(cont'd)
ELECTRIC/
RES:
7. Copies being made available to the public and distributed
to Council, Hugli read by title only proposed resolution regarding the Grant
Lake hydroelectric project, entitled:
A Resolution Requesting the Alaska
Power Authority (APA) to Proceed
With the Federal Energy Regulatory
Commission (FERC) Application Process
for a License to Construct and Operate
the Grant Lake Hydroelectric Project
City Manager stated that although funds were not yet assured from the Legislature
for the licensing process, the City wished to be ready to proceed with the project
if and as soon as the funds were made available. It was moved by Soriano,
seconded by Swartz and unanimously carried to approve Resolution No. 80-34.
RECESS: The meeting was recessed at 9:37 p.m.; reconvened at 9:47 p.m.
X. UNFINISHED BUSINESS:
ORIG INAL
TOWNSITE:
A. The following items were noted relative to Ronnie L. Lewis vs.
Board of Adjustment of the City of Seward, Alaska, and Daren E. Miller, d/b/a
Miller Company; specifically, as ordered by Superior Court Judge Rowland, the
Council, sitting as a Board of Adjustment, consideration of "whether {Kenai
Peninsula Borough} Ordinance No. 74-62 or some other enactment constitutes
the Seward comprehensive plan, and whether the action of the Borough Planning
Commission {with respect to the conditional use permit issued to Daren E.
Miller, d/b/a Miller Company} is consistent with that plan, if it exists":
"Memorandum in Support of the Position
of the Administration of the City of
Seward, Alaska" dated April 28, 1980,
and signed by City legal counsel
Kenneth P. Jacobus
"Decision and Order" dated January 23,
1980, from Superior Court Judge Mark C.
Rowland
"Appellant's Brief" in the Superior Court
for the State of Alaska as filed on
April 26, 1979, by Lewis' legal counsel
John Foster
Seward City Council meeting minutes of
December 11, 1978, at which time a public
hearing was held by the Council, sitting
as a Board of Adjustment, on the appeal
as filed by Daren E. Miller and the City
of Seward of the Kenai Peninsula Borough
Planning Commission's action to deny the
conditional use permit for construction of
a l6-unit apartment complex on Lots 26-30,
Block 22, Original Townsite
December 11, 1978, memorandum from Kenai
Peninsula Borough Planning Department to
Seward Board of Adjustment regarding the
appeal hearing concerning the conditional
use permit application of Daren E. Miller
December 8, 1978, memorandum from Kenai
Peninsula Borough Attorney Andrew Sarisky
to Borough Senior Planner Jeff Ottesen
regarding the effect of Ordinance No. 74-62
on the Seward Board of Adjustment appeal
ORIGINAL
TOWNSITE:
(cont'd)
I
I
I
PAGE 95
REGULAR MEETING - JUNE 9, 1980
VOLUME 19
(ll'
, J
x.
UNFINISHED BUSINESS:
(cont'd)
"Finding of the Kenai Peninsula Borough
Planning Commission Regarding the Appeal
of Ronnie L. Lewis" dated November 13, 1978,
and signed by Commission Chairman Jim Jacobs
Kenai Peninsula Borough Ordinance No. 78-26,
"An Ordinance Revising the Zoning Code for
that Area Within the Municipal Boundaries of
the City of Seward", dated June 6, 1978
Kenai Peninsula Borough Ordinance No. 74-62,
"An Ordinance Adopting and Modifying the
Various Comprehensive Plans of the Cities
and Areas of the Kenai Peninsula Borough",
dated December 17, 1974
City Attorney summarized the discussion which had taken place at the City Council
work session held May 19, 1980. He commented that the Council had been directed
by the Court to consider two questions: 1) What is the Seward comprehensive plan?
and 2) Was the Kenai Peninsula Borough Planning Commission's denial of Miller's
application for a conditional use permit consistent with that plan? He stated
appellant Lewis contended that the Seward comprehensive plan consisted of Kenai
Peninsula Borough Ordinance No. 74-62 only. He continued by stating that another
interpretation on the composition of the City's comprehensive plan was that it
consisted of Ordinance No. 74-62 and a later revision of the ordinance by the
enactment of Kenai Peninsula Borough Ordinance No. 78-26 (City of Seward zoning
ordinance) .
Gillespie stated that the Seward comprehensive plan in fact as
well as in practice consisted of Ordinance No. 78-26 in conjunction with
Ordinance No. 74-62. He commented that the Seward zoning ordinance had been
the City's guideline for planning and development and, therefore, had to be
cited in any definition of the City's comprehensive plan. Cripps disagreed,
stating that the zoning ordinance specifically referred to a "comprehensive
plan" and thus could not in itself be that pLan. Campbell replied that the
Board should consider the legislative process which prevailed--the City had
the common practice of referring to the zoning ordinance when questiornregarding
development plans arose because the zoning ordinance was considered as the
updated, current version of the overall comprehensive plan for the City. He
remarked that planning documents cannot be static volumes of paper but need to
be constantly changing with the growth of the community.
Cripps referred to the density of the proposed Miller project
as well as City parking requirements for such a development; he stated that
based on these two factors the conditional use permit had been improperly
issued. Gillespie stated that if the first question posed by the Court (What
is the City comprehensive plan?) was answered with the reply that the plan
consisted of Ordinance No. 74-62 as amended by Ordinance No. 78-26, then Miller's
conditional use permit was consistentwith that plan; he stated such was his
opinion on the issue. Administrative Assistant remarked that the parking
requirements for the Miller development were a part of the building permit
issuance procedure and not an issue to be considered as a part of the conditional
use permit application. Further, he confirmed that Miller's l6-unit development
was consistent with the density requirements established in Ordinance No. 78-26.
Following discussion, it was moved by Gillespie, seconded by
Campbell and carried as follows that the City take the stand that the compre-
hensive plan for the City included two portions--the Borough Ordinance No. 74-62
and the City zoning ordinance (Borough Ordinance No. 78-26)--as the entire
comprehensive plan:
Ayes:
Noes:
Absent:
Campbell, Gillespie, Hugli, Leer, Soriano and Swartz
Cripps
None
q {~
, \.
PAGE 96
REGULAR MEETING - JUNE 9, 1980
VOLUME 19
XL
NEW BUSINESS:
PKS & REC/ A. May 9, 1980, report from CH2M Hill on the Silver Salmon Derby
SP COM Facility Plan, was noted. City Manager confirmed the report was presented for
EVENTS: Council information and had been funded with grant monies remaining after
completion of the 7th Avenue greenbelt feasibility study. He stated the
facility as outlined in the report had an estimated construction cost of $75,000
to $90,000.
XI1.
CITY MANAGER REPORTS:
4TH OF
CREEK
AREA:
JULY A. May 29, 1980, letter from Dow Chemical U.S.A. regarding location
of a petrochemical facility and LPG terminal at the 4th of July Creek industrial
park area was noted. City Manager reported that representatives of Dow had
arrived in Seward the previous week and the City administration had taken them
on a tour of the 4th of July Creek site.
TELEVISION: B. City Manager stated the administration had not yet requested bids
for the Channel 2 television translator maintenance and operation. He stated
City personnel would be on Mt. Wolcott the coming week in order to investigate
the state of disrepair of the translator and control house. He reported that
the earth station was now being broadcast over Channel 3 as required by the
Federal Communications Commission and a temporary permit for such had been
received from the Commission.
ABC B: C. City Manager distributed letter received June 9, 1980, from Doris
Mitchell regarding her intent to fence in an area adjacent to Dorothy's Lounge
for use an an outdoor game area where alcoholic beverages would be sold.
CEMETERY: D. City Manager reported that in response to Council direction he had
advertised for bids for the maintenance of the cemetery for the period June 10
through September 1, 1980. Two proposals had been received: 1) a fee of $15,000
and 2) a fee of $15 per hour with a minimum of $2,500 per month. City Manager
reques ted Council approval to accep t the low bid of $15 per hour with a minimum
of $2,500 per month, with the authority to negotiate with the bidder a more
specifically defined scope of work. Garry LeFlore appeared from the audience
and stated that Bob Va1datta, with LeFlore's assistance, had submitted the
$15,000 bid. He commented that Valdatta had done a lot of work in the cemetery
area without requesting remuneration. LeFlore spoke in support of Council
accepting his bid. Soriano stated the Council had requested sealed bids for the
work and the low bid should be accepted. In answer to a question from Swartz,
City Manager reported that Leslie Dooley had submitted the low bid. Following
discussion, it was moved by Soriano, seconded by Campbell and unanimously
carried to authorize the City Manager to accept the bid but to clarify the
boundaries of what is to be done in the cemetery.
E. City Manager reported he had been contacted by Ron Garzini of
the Mayor's staff for the Municipality of Anchorage regarding a meeting to
discuss a free trade zone designation for the City of Seward. He confirmed
that the overture for the meeting had come from the Anchorage staff and he
considered this a good sign that the Municipality of Anchorage was willing
to cooperate with Seward in this regard. He stated a meeting date had not
yet been established but he.- urged the Councilmembers' attendance.
F. City Manager reported that representatives of VECO would be
arrlvlng in Seward on Thursday, June 12, in order to discuss the 4th of
July Creek industrial park area lease.
G. City Manager distributed the statements of qualifications as
received from 16 engineering firms in response to the City's request for
proposals for the development of an industrial center at the 4th of July Creek
area. He suggested that Council schedule a work session in order to review
the statements and to consider the scope of development which a final
proposal should encompass. He reported on various monies which were expected
to be made available for the project. Following discussion, Hugli, with Council
consent, scheduled a Council work session for Thursday, June 12, commencing at
7 P.M.
PAGE 97
REGULAR MEETING - JUNE 9, 1980
VOLUME 19
XIII.
COUNCIL DISCUSSION:
SCHOOLS: A. May 30, 1980, letter from Seward High School Principal Dale
Sandahl regarding City Council Resolution No. 80-26,"A Resolution Supporting
Year-Round Use of the Seward Public Schools' Recreational Facilities" was
noted. Campbell stated he would contact the Borough Superintendent of Schools
and do whatever he could to assure that the school facilities would be made
available to the public during the summer months in years to come.
4TH OF JULY B. May 6, 1980, letter from Erik Norgaard regarding the 4th of
I CREEKJuly Creek industrial park development, and submitting invoice in the amount
AREA:of $4,050, was noted. City Manager stated the City of Seward had never
entered into a contract--verbal or written--with Norgaard and it was the
City's understanding that during dealings and consultation with Norgaard
he had been in the employ of Burmeister/Wain.
AK, ST OF: C. May 15, 1980, letter from the Office of the Governor regarding
the Van Gilder Hotel historical nomination, was noted. City Manager stated
the City administration had no objection to the classification of the hotel
as a historical site. Gillespie requested that the legal description of the
property be checked because it appeared to also include the parcel on which
the First National Bank of Anchorage was located.
D. Swartz referred to a TIME magazine article regarding waste oil
furnaces and stated the City might investigate the use of such furnaces for
the City shop and harbormaster building.
E. Swartz reported that the out-buildings located at First Lake
had been tipped over and the pits were exposed. City Manager stated he would
have the situation corrected.
F. Campbell spoke in support of the City offering free energy
audits to the Seward Electric Utility customers.
I
G. Soriano requested some wire netting be placed along the step
railings at the north entrance to City Hall in order to alleviate the danger
of small children falling off the steps.
H. Soriano spoke on the need for the Police Department to better
patrol and control the speeding and noise of the dirt bike riders along the
7th Avenue greenbelt.
I. Cripps stated that visitors from cities without a port were
not aware of the purpose of the Seward Harbormaster's building and he spoke
in support of a sign being placed on the outside of the building, calling
people's attention to the shower, telephone and restroom services available
inside.
XIV.
CITIZENS' DISCUSSION:
A. Brent Whitmore appeared from the audience and spoke on the
summer student exchange program and various other groups expected to arrive
in Seward this summer from Seward's Sister City of Obihiro, Japan. He thanked
Council for its continued support of the student exchange program.
B. Bob Valdatta appeared from the audience and commented on the
use of waste oil furnaces, stating that the M/V Tustumena disposed of 4,000
gallons of waste oil a month which he believed the City could have for the
asking.
I
C. Bernard Hulm appeared from the audience and stated that although
the City mil rate had been lowered for the coming fiscal year, the assessed
valuation had risen; therefore, the net effect was still an increase in taxes.
D. Willard Dunham appeared from the audience and stated that although
he did not always agree with City Manager Johnson, he felt he had done a lot
for the City of Seward and the public should show Johnson some well-deserved
respec t.
~ t ~.:~
PAGE 98
REGULAR MEETING - JUNE 9, 1980
VOLUME 19
XV. ADJOURNMENT:
adjourned at 10:52 p.m.
'7 ! t1-
.' i.~ (~ '
CRaymo'J;j L. Hugli
Mayor
.
'J
.j
.' ~'.r
'J '.I"" _ \ l:..0'"
"f ,"I"fi.t'-'
-------------
-----------------------------------------------------------------
PAGE 98
REGULAR MEETING - JUNE 23, 1980
VOLUME 19
1.
CALL TO ORDER:
The June 23, 1980, regular meeting of the Seward City Council was
called to order at 7:31 p.m. by Mayor Hugli.
11. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
IlL ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps,
Gillespie, Leer and Swartz (Absent was Council-
member Soriano)
Present also: City Manager Johnson, City Attorney Jarrell,
Administrative Assistant Schaefermeyer and
City Clerk Shanley
IV. APPROV AL OF MINUTES:
It was moved by Gillespie, seconded by Leer and unanimously carried
by all those present to approve the regular meeting minutes of June 9, 1980,
as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following additions be made to the
consent calendar:
2. June 11, 1980, letter from U.S. Senator Ted Stevens
4. Bill received June 23, 1980, from Rana1d H. Jarrell
for legal services rendered during April 1980, totaling
$4,356.80 - approve for payment and file
5. Wells-Built Homes Inc. Invoice No. 1321 dated June 16,
1980, for services performed relative to the Electric
Utility substation, and City Engineer's memo dated
June 23, 1980, recommending payment of $22,525.60 -
approve for payment and file
City Manager requested the following additions be made to the
regular meeting agenda:
IX. Ordinances and Resolutions:
C. Resolutions:
4. Proposed Resolution No. 80-38 accepting a grant
on behalf of the Seward General Hospital
PAGE 99
REGULAR MEETING - JUNE 23, 1980
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
5. Proposed Resolution No. 80-39 regarding the
Grant Lake hydroelectric project FERC license
6. Proposed Resolution No. 80-40 regarding an
easement to be granted to Seward Marine
Services across a portion of City property
I
XI. New Business:
A. Sewage treatment facility project bids
Following discussion, it was moved by Swartz, seconded by Campbell
and unanimously carried by all those present to approve the regular meeting
agenda and consent calendar as amended and the following actions were taken:
ABC B:
1. Alcoholic Beverage Control Board letter of June 11,
1980, regarding the appointment of a hearing officer
for the City's protest of the liquor license renewal
for the Flamingo Lounge, was noted for information
and filed.
STREETS, RDS,
HWYS:
2. The following letters regarding Resurrection River
Road reconstruction were noted for information and
filed:
June 9, 1980, letter from U.S. Congressman Don Young
June 11, 1980, letter from U.S. Senator Ted Stevens
June 16, 1980, letter from U.S. Forest Service Regional
Forester Sandor
June 17, 1980, letter from U.S. Park Service Alaska
Director Cook
I
C ATTORNEY:
3.
June 13, 1980, bill from Ranald H. Jarrell for legal
services rendered in Mc>y 1980, totaling $4,155.00,
was approved for payment and filed.
C ATTORNEY:
4. Bill received June 23, 1980, from Ranald H. Jarrell
for legal services rendered during April 1980, totaling
$4,356.80, was approved for payment and filed.
ELECTRIC:
5. Wells-Built Homes Inc. Invoice No. 1321 dated June 16,
1980, for services performed relative to the Electric
Utility substation, and City Engineer Small's memo
dated June 23, 1980, recommending payment of $22,525.60,
was approved for payment and filed.
V1.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting of June 17, 1980.
WATERFRONT VII.
TRACTS:
PUBLIC HEARINGS:
I
A. Public hearing was opened on the proposed lease of City-owned
Tracts 3 and 4, Seward Waterfront Tracts, to Northern Stevedoring and Handling
Corporation (NSHC), and the following items were noted:
"Notice of Public Hearing' on subject as
posted and published two times in the local
newspaper
Draft proposed Lease between the City and
NSHC, extending to December 31, 1999, and
at a rental rate of $24,000 per year
1)0
WATERFRONT
TRACTS:
(cont'd)
WATERFRONT
TRACTS:
WATERFRONT
TRACTS:
HARBOR/
ORDS:
PAGE 100
REGULAR MEETING - JUNE 23, 1980
VOLUME 19
VII.
PUBLIC HEARINGS: (cont'd)
Lease dated June 11, 1970, between the
City and NSHC, at a rental rate of
$2,400 per year
No one appeared from the audience in order to be heard and the public hearing was
closed. City Manager stated the draft lease as presented was a modification of
the earlier agreement dated June 11, 1970. In answer to a question from Campbell,
City Manager stated that if the Lease was approved, the document would be dated
January 1, 1980, but the increased rental rate would be applied on a pro rata
basis, effective as of the date of execution of the agreement. It was noted
that a resolution approving the Lease would be presented for Council considera-
tion at the July 14 meeting.
VII1.
CITIZENS' DISCUSSION:
(With prior notice only)
A. Kathleen Putman, Director of the Seward Teen Center located on
Tract 2, Seward Waterfront Tracts, appeared from the audience and gave a verbal
report on the hours and activities taking place at the center during the summer
months. Putman distributed sketches of proposed Tlingit Indian designs to
be painted on the front of the building; she requested Council approval of the
sketches and no Council objection was voiced.
B. Margie Anderson appeared from the audience and spoke in support
of the City Council directing a letter to the new Director of Parks in Alaska,
supporting development of the Caines Head Recreational Area, located south of
Seward. Gillespie stated he had heard that monies had been allocated by the
State for development of the recreational area; City Manager stated he would
investigate the matter.
C. June 17, 1980, letter from the International Longshoremen's &
Warehousemen's Union (ILWU) Local 60, regarding management and operation of
the 4th Avenue Dock, was noted. ILWU Local 60 President William Caldwell
and Secretary James MacSwain appeared from the audience and spoke in support
of the Council allowing Northern Stevedoring and Handling Corporation (NSHC)
to operate the dock facility, thereby continuing the ILWU jurisdiction on
commercial cargo crossing the dock. MacSwain distributed a copy of "Letter
of Understanding Between the City of Homer and the In1andboatmen's Union"
dated August 23, 1978, and referred to as "Exhibit A" in the June 17 letter.
He stated that the City administration's current position of neutrality on
the dock operations had caused the longshoremen to loose their jobs. Melvin
Deck and Lewis Hasty, ILWU pensioners, appeared from the audience and spoke
in support of the ILWU having jurisdiction over the City-owned 4th Avenue Dock.
It was noted that the Dock License Agreement between the City
and NSHC, which had the effect of giving the ILWU jurisdiction on the dock,
had expired in December of 1979. Referring to a recommendation made in the
Ad Hoc Committee report and the lack of revenue received from the dock
operations, the City Council had acted to deny a renewal of the Dock License
Agreement for 1980. Hugli stated that the Council would have a work session
on the subject within the next few weeks. City Manager reported that he was
drafting a tariff for the dock which would be presented for Council review
at that work session.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment:
1. Copies being made available to the public, Hugli noted by
title only proposed ordinance regarding derelict and abandoned vessels and
equipment, entitled:
An Ordinance Relating to Derelict Vessels
HARBOR/
ORDS:
(cont'd)
I
I
I
PAGE 101
REGULAR MEETING - JUNE 23, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
"Notice of Public Hearing" on the subject ordinance as posted and published two
times in the local newspaper, was noted. Public hearing was opened on the ordinance;
no one appeared from the audience in order to be heard and the public hearing was
closed. In answer to a question from Gillespie, City Attorney stated that the
enforceability of the ordinance was not affected by a vessel's documentation.
Following discussion, it was moved by Campbell, seconded by Swartz and unanimously
carried by all those present to enact Ordinance No. 488.
ELECTRIC/
ORDS:only proposed
entitled:
2. Copies being made available to the public, Hugli noted by title
ordinance regarding the filing of liens for unpaid utility charges,
An Ordinance Relating to City Utility
Charges and Creating a New Section 9-10
of the Seward City Code
"Notice of Public Hearing" on the subject ordinance as posted and published two
times in the local newspaper, was noted. Public hearing was opened on the ordinance;
no one appeared from the audience in order to be heard and the public hearing was
closed. Leer, Hugli and Swartz spoke against the landlord having to bear the cost
of bad debts incurred by tenants. City Attorney stated that the Council had to
make the decision of whether the landlords or the City was going to have to pay
the bill for debtors. Gillespie stated a viable alternative to the filing of a
lien might be to increase the deposit required prior to the City providing utilities
to an individual. Campbell stated the administration might consider citing a
dollar amount in the ordinance if it wished to enforce it selectively for only
large past-due accounts. Following discussion, the ordinance died for lack of a
motion.
C. Resolutions:
BUDGET/ 1. Copies being made available to the public, Hug1i noted by title
RES: only proposed resolution revising the City budget for fiscal year 1979-80, entitled:
A Resolution Amending the 1979-80 Fiscal
Year Budget by Transferring Appropria-
tions Within Said Budget
It was moved by Leer, seconded by Swartz and unanimously carried by all those
present to approve Resolution No. 80-35.
COMPT/
RES: only proposed
entitled:
2. Copies being made available to the public, Hugli noted by title
resolution charging off certain uncollectible utility accounts,
A Resolution Charging Off Uncollectible
Certain Utility Accounts Totaling
$18,646.36
Following discussion, it was moved by Campbell, seconded by Leer and unanimously
carried by all those present to approve Resolution No. 80-36.
HARBOR/
KPB/ only proposed
RES: areas outside
3. Copies being made available to the public, Hugli noted by title
resolution supporting Borough port and harbor authority for those
city limits, entitled:
A Resolution of the City of Seward, Alaska,
Recommending the Acquisition of Kenai Pen-
insula Borough Powers Essential for the
Provision and Operation of Ports and
Harbors, Wharves and Other Marine Facili-
ties in the Borough Outside Cities
City Manager and Campbell stated approval of the resolution represented action
which was in the best interests of the City, as well as the Borough, and such
action would facilitate joint planning efforts for coastal areas within the
Borough. Following discussion, it was moved by Campbell, seconded by Swartz
and unanimously carried by all those present to approve Resolution No. 80-37.
, ,\)
. I 'J
HOSPITAL!
RES:
ELECTRIC/
RES:
WATERFRONT
TRACTS/
EASEMENTS/
RES:
SEWAGE
TRTMT:
PAGE 102
REGULAR MEETING - JUNE 23, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions: (cont'd)
4. Copies being made available to the public and distributed to
Council, Hugli read by title only proposed resolution accepting a matching
grant in the amount of $140,000 from the State of Alaska for Seward General
Hospital improvements, entitled:
A Resolution Accepting the Alaska State
Grant for General Repairs and Renovation
of Seward General Hospital
It was moved by Gillespie, seconded by Leer and carried as follows to approve
Resolution No. 80-38:
Ayes:
Noes:
Abstain:
Absent:
Cripps, Gillespie, Hugli, Leer and Swartz
None
Campbell
Soriano
5. Copies being made available to the public and distributed to
Council, Hugli read by title only proposed resolution regarding the Grant Lake
hydroelectric project, entitled:
A Resolution Requesting the State of
Alaska to Approve a Grant to the Alaska
Power Authority to Fund the FERC License
of Grant Lake/Seward
City Manager recommended approval of the resolution, stating he had been informed
that State funds of $.5 million had been allocated, pending the Governor's approval,
for APA funding of the FERC license process for Grant Lake. It was moved by
Leer, seconded by Campbell and unanimously carried by all those present to
approve Resolution No. 80-39.
6. Copies being made available to the public and distributed to
Council, Hugli read by title only proposed resolution providing an easement
to Seward Marine Services (Anderson Dock) across a portion of City-owned
land, entitled:
A Resolution Providing for an Easement
Across a Portion of City-owned Land to
Seward Marine Services Inc., and Res-
cinding Resolution No. 80-31
City Manager stated that Resolution No. 80-31 and the attached easement, as
approved by Council on June 9, 1980, had contained an error in the easement
description; he reported the proposed resolution would correct that error.
Following discussion, it was moved by Campbell, seconded by Leer and unanimously
carried by all those present to approve Resolution No. 80-40.
X.
UNFINISHED BUSINESS:
None
XL
NEW BUSINESS:
A. Dave Williams of Arctic Environmental Engineers, the City's
engineers for the sewage treatment facility project, appeared from the
audience and gave the results of the bids as opened June 18, 1980, for
the interceptors and wastewater treatment facility as follows:
SEWAGE
TRTMT:
I
I
ORIGINAL
TOWNSITE:
I
PAGE 103
REGULAR MEETING - JUNE 23, 1980
VOLUME 19
XL
NEW BUSINESS:
(cont'd)
Phase I (in-town work)
TAM Construction
Brown & Associates
Felton Construction
Engineer's estimate
$ 2,213,394.65
2,808,054.00
2,821,850.00
2,676,885.00
Phase II (Lowell Pt. road and site work)
Brown & Associates
McWil
May Contracting
Engineer's estimate
$ 2,850,602.00
2,999,484.00
3,650,606.50
3,326,400.00
(For explanation of how)
(the total figures as )
(cited here were deter-)
(mined, see AEE memo )
(dated 6/26/80. js )
TOTALS
TAM - Brown
Brown - Brown
Engineer's estimate
$ 5,033,609.65
5,658,656.00
5,903,285.00
(85%)
(95%)
(100%)
Grant funds
$ 5,724,779.00
575,000.00
$ 6,300,000.00
+
Williams stated that following opening of the bids, TAM Construction had notified
the City that there was an error in their bid and had requested permission to
withdraw. Williams stated it was the engineer's recommendation that the Council
disallow the TAM bid as being non-responsive. Further, he recommended that the
Council act to award the project to the low responsive bidder, Brown & Associates,
at a total project price of $5,658,656, which he noted was 95 percent of the
engineer's estimate and within the allotted grant funds. Williams reported that
any bid award would have to be subject to the Alaska Department of Environmental
Conservation and the U.S. Environmental Protection Agency approval.
City Attorney distributed and spoke and answered questions on
"Bid Bond Questions" which addressed the issue of holding TAMs liable for its
initial bid. Following discussion, it was moved by Gillespie, seconded by
Campbell and unanimously carried by all those present to reject the bid from
TAM Construction on the sewage treatment plant as a non-responsive bid. It was
moved by Cripps, seconded by Swartz and unanimously carried by all those present
to award the bid on Phase I and II of the sewage interceptors and wastewater
treatment facility to Brown & Associates, a joint venture, at $5,658,656,
contingent upon approval by DEC and EPA. City Attorney noted that the bid
award had the effect of binding all sub-contractors of Brown & Associates, as
well as the prime contractor for the project.
RECESS:
The meeting was recessed at 8:48 p.m.; reconvened at 8:58 p.m.
XII.
CITY MANAGER REPORTS:
A. June 11, 1980, letter from Hughes, Thorsness, Gantz, Powell &
Brundin regarding the Superior Court's award of $500 in attorney's fees to
Ronnie L. Lewis in the case Lewis vs. Board of Adjustment of the City of Seward,
et aI, was noted. Cripps questioned if the award of attorney's fees implied
that the judge had ruled in favor of Lewis. In reply, City Attorney stated that
in a case which contained numerous items of appeal, the judge had found in
Lewis' favor on one item--that being that the Board of Adjustment had not
adequately addressed the issue of what constituted the comprehensive plan for
the City of Seward. He commented that the Court's award of limited attorney's
fees was only an interim measure and the judge still had to rule on the overall
merits of the case once in receipt of notification of Council action of June 9,
1980. Cripps spoke in support of the City paying for the entire sum of Lewis'
ii;4
PAGE 104
REGULAR MEETING - JUNE 23, 1980
VOLUME 19
XI1.
CITY MANAGER REPORTS:
(cont'd)
ORIGINAL
TOWNSITE:
(cont'd)
legal costs and stated that there was a City Code provlslon which stated that
the City would pay the court costs in matters of appeal to the Superior Court.
Administrative Assistant referred to Kenai Peninsula Borough Ordinance No. 78-26
(Seward zoning ordinance) and stated that the reference to court costs was
meant to place the burden of defending the ordinance on the City rather than
on the Borough:
"Sec. 21. 78.530 - Appeals to Superior Court -- Costs
When appeals are taken to the Superior Court, the
costs of the appeal in support of this ordinance
shall be borne by the City of Seward."
Following discussion, it was moved by Swartz, seconded by Campbell and
unanimously carried by all those present that the City of Seward pay to
Ronnie Lewis the sum of $500 as ordered by the Superior Court.
LOC ORGS: B. June 10, 1980, listing of merchant participation in the Chamber
of Commerce summer publicity campaign radio jingle, "Summer-up in Seward",
totaling $17,400, was noted. City Manager reported that pursuant to previous
Council action authorizing $1 in matching funds for every $3 donated by local
merchants, up to a $5,000 limit, he had issued a check in the amount of $5,000
for the advertising campaign.
C. City Manager reported on discussions he had had with representatives
of the State Department of Transportation and Public Facilities regarding renewal
of the ferry system lease of the "old depot" building and preferential use of the
4th Avenue Dock for the period July 1, 1980, through June 30, 1981. He stated
that the previous year's lease rental had been $20,400 and the City administration
had requested $29,000 for the upcoming year. The State had submitted a counter
offer of $25,000 and the City Manager recommended approval of the lease at that
rate; it was so moved by Cripps, secondeo by Campbell and unanimously carried
by all those present.
D. City Manager reported that the City had prevailed in the law
suit which Mark Sawyer had filed relative to a 1975 highway accident.
E. City Manager reported that Engineering Science of Alaska had
been denied its appeal to the Supreme Court on the Superior Court's ruling
in favor of the City of Seward in the law suit involving both parties.
F. City Manager reported on various meetings scheduled throughout
the coming week. He reminded Council that on June 26, commencing at 2:00 p.m.
in the Council Chambers, Council was scheduled to receive verbal presentations
from consultants bidding on the 4th of July Creek industrial park development.
G. City Manager gave a report on the status of television service
to the community. He requested Council authority to postpone the request for
bids for operation and maintenance of the Mt. Wolcott site and, rather, to
work with John Moore of Satellite Television Systems for normal maintenance
of the Channel 2 translator. He confirmed that any large expenditures would
come before Council for approval. City Engineer Tom Small appeared from the
audience and reported that the City would be receiving an additional satellite
dish, and thus an additional station, in the near future.
XIII.
COUNCIL DISCUSSION:
PLANNING
& ZONING:
A. June 11, 1980, letter of resignation from Planning and Zoning
Commissioner Mick W. Inmon was noted. Also noted were "Application for
Commission Appointment" as filed in February and March 1980, by Mary Lewis,
Patrick O'Brien and Thomas Reese. City Clerk stated it was the Council's
option to select from the applications received earlier in the year or to
direct that the vacancy be advertised. Hugli, with Council consent, directed
the Clerk to advertise the vacancy.
C ATTORNEY:
I
HARBOR:
I
I
i ,);)
PAGE 105
REGULAR MEETING - JUNE 23, 1980
VOLUME 19
XIII.
(cont'd)
COUNCIL DISCUSSION:
B. "Claim for Damages" received June 5, 1980, from George L. Kitson
for damages sustained to his sailboat while parked in dry storage in the Small
Boat Harbor area, and allegedly caused by Harbor personnel, was noted. Also
noted was June 18, 1980, memo from Harbormaster Singleton relative to the
incident. City Manager read in full Sec. 5-12 of the Seward City Code as
follows and recommended denial of the claim:
"Sec. 5-12. Assumption of risk by owners of boat.
The owner of any boat shall assume all risk of
damage or loss to his property of any kind while
it is within the limits of the harbor. The City
assumes no risk on account of fire, theft, act
of God or damage of any kind to boats, persons
or equipment."
Cripps stated it appeared that the City had an obligation to pay for the damages
sustained. City Attorney noted that the claim did not cite the monetary estimate
of the damage and, further, the question needed to be answered if the mast, which
extended beyond the bow of the vessel, infringed upon the room reserved for
the maneuvering of the boat lift. City Clerk reported that she had discussed
the incident with the Harbormaster and he had stated that the owner of the vessel
had laid the mast on the boat deck, extending it out into the area reserved
for movement of the boat lift; the mast extended approximately five feet beyond
the vessel and was not flagged. Following discussion, it was moved by Cripps,
seconded by Gillespie and unanimously carried by all those present to table the
Kitson claim until the Council receives such additional information as to make
an intelligent decision on the matter.
City Manager stated that the extension of 4th Avenue, running
through the boat storage area and connecting to Airport Road, was a hazardous
thoroughfare and, with Council consent, requested permission to barricade the
gravel roadway whereby people having to work on vessels or travel to the dump
station could enter the area but two-way through traffic would be curbed.
C. Swartz spoke on the speeders, especially apparent on 2nd Avenue,
and requested more patrolling of the area.
D. Hugli questioned the administrative handling of utility debtors.
City Manager stated that the Supreme Court had issued a ruling that providers
of utility services could not discontinue service to a residence in the winter-
time for non-payment of a bill. Hugli stated that the City might want to
investigate increasing the deposit required for commercial businesses wishing
to receive utility services.
XIV.
CITIZENS' DISCUSSION:
A. Ronnie Lewis appeared from the audience and questioned whether
the City was obligated to pay his attorney fees in an appeal procedure. Admin-
istrative Assistant referred to the related clause in Borough Ordinance No. 78-26
(see also XII. A., page 104), and stated that the intent of the clause was to
remove liability from the Borough and place it on the City for the governmental
appeal of the zoning ordinance.
B. Willard Dunham gave a verbal report on the Kenai Aquaculture
Association, established for the commercial fish enhancement in Kenai Peninsula
and Cook Inlet waters. He stated he had a manual of the Association's by-laws
as well and the meeting minutes for Council to review if they so desired.
XV.
djourned at 9:55 p.m.
/"/ ~7 /
, G / /
I ~ ~/"-."' 1-.
Ra.ymond . Hugli'
Mayor
lirA" ;
1 '-'1, I~
i. ,n
ELECTRIC/
COMPT. /
RES:
ELECTRIC/
COMPT. /
ORD:
PAGE 106
SPECIAL MEETING - JULY 10, 1980
VOLUME 19
1.
CALL TO ORDER:
The July 10, 1980,
called to order at 4:00 p.m.
the Councilmembers, the local
7 and 8, 1980, was noted.
special meeting of the Seward City Council was
"Special Meeting Notification" as delivered to
radio station and the local newspaper, on July
II.
OPENING CEREMONY:
Councilmember Campbell led the pledge of allegiance to the flag.
II 1. ROLL CALL:
Present were: Mayor Hugli; Counci1members Campbell, *Gillespie,
*Leer, Soriano and Swartz (Absent with Council
consent was Cripps)
Present also: City Manager Johnson, Administrative Assistant
Schaefermeyer and City Clerk Shanley
IV.
SPECIAL ITEMS:
A. Copies being made available to the public and distributed to
Council, Hugli read by title only proposed resolution authorizing an agree-
ment relative to the issuance of $1.7 million in general obligation bonds
for the Seward Electric Utility, entitled:
A Resolution Authorizing and Directing the
Execution by the Mayor and Delivery of the
1980 Second Tripartite Agreement With the
National Oceanic and Atmospheric Adminis-
tration, U.S. Department of Commerce, the
Alaska Municipal Bond Bank, and the City of
Seward, Alaska
City Manager reported that the agreement was a necessary part of the issuance
of the $1.7 million general obligation bonds for the Seward Electric Utility
System improvements as approved by the voters at the October 2, 1979, general
municipal election. It was moved by Swartz, seconded by Soriano and unanimously
carried by all those present to approve Resolution No. 80-41.
B. Copies being made available to the public and distributed to
Council, Hugli read by title only proposed ordinance providing for the issuance
and sale of the $1.7 million general obligation bonds for the Seward Electric
Utility System improvements, entitled:
An Ordinance of the City of Seward, Alaska,
Providing for the Issuance and Sale of $1,700,000
of General Obligation Bonds of the City of Seward,
Alaska, for the Purpose of Planning and Con-
structing an Electric Substation and Making
Other Improvements to the Electrical System
of the City of Seward, Alaska, and Fixing the
Date, Form, Terms and Maturities of These Bonds
City Manager reported the ordinance was being presented for introduction
with a requested public hearing date of July 14, 1980. He confirmed the
ordinance was necessary in order to complete the sale of the bonds as approved
by the voters at the general municipal election of October 2, 1979.
*COUNCILMEMBERS LEER AND GILLESPIE ARRIVED AT THIS TIME AND HEREAFTER TOOK
PART IN THE MEETING.
It was moved by Soriano, seconded by Campbell and unanimously carried by all
those present to introduce Ordinance No. 489 and schedule a public hearing
for July 14, 1980.
PAGE 107
SPECIAL MEETING - JULY 10, 1980
VOLUME 19
V.
ADJOURNMENT:
I
was adjourned at 4:08 p.m.
j
.'""\
PAGE 107
REGULAR MEETING - JULY 14, 1980
VOLUME 19
1.
CALL TO ORDER:
The July 14, 1980, Board of Adjustment and regular meeting of the
Seward City Council was called to order at 7:08 p.m. by Mayor Hugli. "Seward
Board of Adjustment Notice of Meeting" as posted and published one time in
the local newspaper was noted.
II.
OPENING CEREMONY:
Councilmember Campbell led the pledge of allegiance to the flag.
IlL ROLL CALL:
I
Present were: Mayor Hugli; Councilmembers Campbell, *Gillespie,
Leer, *Soriano and Swartz (Absent, with Council
consent, was Cripps)
Present also: City Manager Johnson, City Attorney Jarrell,
Legal Counsel Kenneth Jacobus, Administrative
Assistant Schaefermeyer and City Clerk Shanley
IV.
SPECIAL ITEM:
FOREST ACRES: A. The Seward City Council, sitting as a Board of Adjustment,
convened to hear the appeal of Seward Chapel from the Seward Advisory
Planning and Zoning Commission's action of June 11, 1980, to deny Seward
Chapel's application for contract rezoning of Lots GG, RR and SS, Forest
Acres Subdivision, to allow for the location of a parochial school in the
rural residential zoning district, and the following items were noted:
"Seward Advisory Planning Commission
Memorandum of Decision" regarding Seward
Chapel vs. City of Seward et al., dated
June 11, 1980, advising of the refusal to
grant the application of Seward Chapel for
a contract rezone of its lots in the Forest
Acres Subdivision
I
A portion of the Seward Advisory Planning
and Zoning Commission meeting minutes of
June 11, 1980, at which time the Commission
addressed the issue of the Seward Chapel
contract rezone application and unanimously
acted to deny the contract rezone request
June 11, 1980, memorandum from Kenai
Peninsula Borough Senior Planner Jeff Labahn,
setting forth the administrative procedures
to be followed by the Planning Commission
relative to Seward Chapel's contract rezone
applica tion
i \ i ;~.)
PAGE 108
REGULAR MEETING - JULY 14, 1980
VOLUME 19
IV.
SPECIAL ITEM:
(cont'd)
FOREST
ACRES:
(cont'd)
June 9, 1980, letter from Spencer C. Sneed
of Hartig, Rhodes, Norman and Mahoney,
legal counsel for the plaintiff, regarding
the issue of a contract which would limit
enrollment at the parochial school
All other correspondence and documents of
record as cited in the Seward Advisory
Planning and Zoning Commission meeting
minutes of July 11, 1980, were copied and
distributed to the Board.
Attorney Kenneth Jacobus stated he had been retained by the City as
independent counsel to advise the Board regarding its decision-making process
in reviewing the Planning Commission's action. Jacobus presented a brief
summary of the administrative procedures which had been followed to date
concerning the Seward Chapel contract rezone application.
Spencer Sneed, legal counsel for Seward Chapel, appeared from the
audience and questioned if any Board members had a conflict of interest by
means of a direct or indirect financial interest in the outcome of the Seward
Chapel appeal and, further, he questioned if any member had signed any
petitions in support of or opposing Seward Chapel's request. Campbell
stated he had signed a petition opposing the location of a school in the
Forest Acres Subdivision, he lived within 300 feet of the Seward Chapel
property, his interest in the issue commenced prior to the time he became
a City Councilmember, he did not perceive his activity as a property owner
in the Forest Acres area as reflective of a conflict of interest, and he
would consider an objection to his participation in voting as a disenfranchise-
ment of his rights.
COUNCIlMEMBER GILLESPIE ARRIVED AT 7:13 P.M. AND THEREAFTER TOOK PART IN THE
MEETING.
Jacobus read in full Seward City Charter Section 3.5 (1) which addressed the
procedure to be followed if the question of a conflict of interest on the
part of a Councilmember was raised. Following discussion, Sneed withdrew
his objection to Campbell's participation in the Board's decision and, in
answer to a question from Jacobus, he confirmed that he had no objection to
the participation of those Board members not presently in attendance in the
final decision of the Board. Jacobus confirmed that those members not present
would be urged to listen to the tape recording of this July 14 meeting prior
to the Board's next meeting and decision on the issue.
COUNCIlMEMBER SORIANO ARRIVED AT 7: 18 P.M. AND THEREAFTER TOOK PART IN THE
MEETING.
Sneed presented arguments refuting the conclusions of law as set
forth in the June 11, 1980, Memorandum of Decision of the Seward Planning
Commission, which decision offered a commentary on the reasons the Commission
acted to deny the application of Seward Chapel for a contract rezone of its
lots in Forest Acres. He stated the Board should consider the question of
whether the Planning Commission reached its decision and fully performed its
duties pursuant to the terms and conditions of the Seward zoning ordinance,
specifically Sec. 21.78.630 which established the procedures for the review
of contract zoning applicatio~s. He reported that if a contract zoning
application met the two requirements that the proposed land use was compatible
with adjacent uses and that existing public facilities could accommodate the
proposed use, then the Commission was mandated by the ordinance to propose any
conditions deemed necessary to guarantee the development of the property in a
manner consistent with the intent of the contract zoning provisions. Sneed'
interpreted the ordinance thereby as requiring the Commission to enter into
a contract which imposed such conditions as a limitation on enrollment of students,
in order to allow the operation of the school. He submitted that the Commission
was remiss in its duties in neglecting to offer Seward Chapel such a contract
for limited operation of the school facility and requested that the Board remand
the issue back to the Commission and so direct them to develop such a contract.
FOREST
ACRES:
(cont'd)
I
I
I
i l
PAGE 109
REGULAR MEETING - JULY 14, 1980
VOLUME 19
IV.
SPECIAL ITEMS:
(cont'd)
Sneed continued, stating that Judge Singleton had ordered the City
to accommodate the exercise of religious beliefs to the greatest extent possible
without sacrificing definite compelling zoning interests. He offered that the
Court's order was not satisfied by the Commission's conclusion that such uses
as proposed by Seward Chapel were allowed in other zoning districts within the
City and, therefore, the exercise of religious beliefs was adequately accommodated
by the City.
Sneed referred to the Commission's statement as contained in
its Memorandum of Decision that Seward Chapel had been informed in 1975 prior
to construction on the Forest Acres site that schools were not an allowed
use in the particular zoning district. He commented that Ordinance No. 314,
the zoning ordinance in affect for the City of Seward in 1975, allowed churches
and uses accessory to a church in R-l zoning districts and he argued that a
parochial school was an accessory use to a church.
Sneed concluded his remarks by stating that it appeared the
Commission had been overly concerned with the speculative future growth of
the school and, therefore, totally neglected to address the operation of the
school at a limited enrollment. He referred to Judge Singleton's order which
stated that the present operation of the school at the level of 13 students
did not pose a negative impact on the surrounding land uses.
Campbell questioned if Seward Chapel would ever consider voluntarily
moving the school to another location when a specific enrollment limitation was
reached or if the City would constantly be in the position of the defendant,
continuously expected to increase the size limitation of the school facility.
Sneed stated he did not know what Seward Chapel's concept of an acceptable size
limitation would be but he would question Pastor Pichotta in that regard. Campbell
commented that it seemed logical that it could be determined that neighborhood
degradation began at a school enrollment level of zero in a specific zoning district.
City Attorney Jarrell gave a brief verbal report on the Planning
Commission's position on the issue and commented on various statements made by
Sneed. In response to Sneed's remarks regarding the Commission failing to address
the allowance of the school at a limited enrollment level and that all growth
predictions were purely speculative, Jarrell stated the Planning Commission viewed
its role as a planning body which required the consideration of long-term impacts
caused by the allowance of various land uses throughout the City and, therefore,
the anticipated growth rate of the school was indeed a relevant consideration
and of vital concern in the Commission's decision-making process. Jarrell
stated the City did not consider a school as an "accessory use" to a church,
relative to the language contained in Seward zoning Ordinance No. 314 in effect
in 1975. Jarrell concluded by stating that Judge Singleton's order required
the City to consider Seward Chapel's application for a contract rezone in light
of the Alaska Supreme Court case Frank vs. State and urged the Board members
to review the case thoroughly prior to arriving at a decision.
Following discussion, Hugli stated the Board would not take action
on the issue at this time but, rather, would allow an opportunity for the absent
Board member to listen to the evening's taped proceedings. As soon as possible,
another meeting would be scheduled when all members could be present to vote on
the Seward Chapel appeal.
RECESS:
The meeting was recessed at 8:22 p.m.; reconvened at 8:33 p.m.
V.
APPROVAL OF MINUTES:
It was moved by Campbell, seconded by Swartz and unanimously carried
by all thos~ present to approve the City Council regular meeting minutes of
June 23, 1980, as written.
1 1 (l
PAGE 110
V1.
REGULAR MEETING - JULY 14, 1980
VOLUME 19
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following item be added to the consent
calendar:
10. Invoice No. 051075 dated July 7, 1980, from R & M
Consultants, in the amount of $16,354.72, for the
Nash Road extension design engineering, relative
to the 4th of July Creek industrial park area access.
City Manager requested that the following item be added to the
regular meeting agenda:
IX. Citizens' Discussion:
(With prior notice only)
A. Norman Gortch of R & M Consultants - progress
report on Nash Road extension project
Following discussion, it was moved by Swartz, seconded by Leer and
unanimously carried by all those present to approve the regular meeting agenda
and consent calendar as amended and the following actions were taken:
CCMPTROLLER:
C ATTORNEY:
INSURANCE: 3.
LEG REPS: 4.
ABC B: 5.
ABC B: 6.
LOC ORGS: 7.
STREETS, RDS, HWYS: 8.
C ATTORNEY: 9.
4TH OF JULY 10.
CREEK AREA:
1. Comptroller's list of accounts payable for June 1980,
totaling $490,751.12, was approved for payment and
filed.
2. The following May 30, 1980, invoices from Artic Environ-
mental Engineers relative to the Engineering Science of
Alaska lawsuit, were approved for payment and filed:
Invoice 1102480
Invoice 1102280
$ 5,502.75
154.00
June 27, 1980, memorandum from Finance Director Gale
regarding the City's annual insurance renewal at a
premium cost of $84,863 for fiscal year 1980-81, was
noted for information and filed.
July 2, 1980, final billing of $4,000 from Dawson
and Associates for lobbying services during the 1980
legislative session, was approved for payment and
filed.
July 3, 1980, letter from the Alcoholic Beverage Control
Board, noticing of request of "Restaurant Designation"
for minors on the premises of the Mini Mall, as submitted
by proprietor Jean E. Leer, was noted and the Mini Mall
application was approved for the Mayor's signature.
July 9, 1980, request for "Restaurant Designation" for
minors on the premises of the Breeze Inn Restaurant, as
submitted by proprietor Juris Mindenbergs, was noted and
approved for the Mayor's signature.
"Application for Permit for Authorized Games of Chance
and Skill" for Calendar Year 1980 as filed by the Mt.
Marathon Homemakers Club, was noted and approved for the
Mayor's signature.
June 26, 1980, letter from U.S. Senator Mike Gravel
regarding Resurrection River Road construction, was
noted for information and filed.
City Attorney Jarrell's bill received July 10, 1980,
totaling $3,909.10 for legal services rendered through
June 30, 1980, was approved for payment and filed.
Invoice No. 051075 dated July 7, 1980, from R & M
Consultants, in the amount of $16,354.72, for the
Nash Road extension design engineering, relative to
the 4th of July Creek industrial park area access, was
approved for payment and filed.
PAGE 111
REGULAR MEETING - JULY 14, 1980
VOLUME 19
VII.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting of July 1, 1980.
VIII.
PUBLIC HEARINGS:
WATERFRONT
"'ITS'
A. Public hearing was opened on the proposed lease of a portion of
the Seward Waterfront Tracts commonly known as the "old depot building" at the
south end of 5th Avenue, and preferential use of the 4th Avenue Dock to the
Alaska Ferry System for the period July 1, 1980, through June 30, 1981, and the
following items were noted:
"Notice of Public Hearing" as posted and
published two times in the local newspaper
Proposed "Lease and Dock License Agreement"
between the City of Seward and the State of
Alaska, at a total annual fee of $25,000
No one appeared from the audience in order to be heard and the public hearing
was closed.
IX.
CITIZENS' DISCUSSION:
(With prior notice only)
extension
status of
A. Norman Gortch of R & M Consultants, engineers for the Nash Road
project, appeared from the audience and gave a verbal report on the
the 4th of July Creek industrial park area access road.
x.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
I
B. Ordinances for Public Hearing and Enactment:
ELECTRIC/ 1. Copies being made available to the public, Hugli noted by title
COMPT!only proposed ordinance providing for the issuance and sale of $1.7 million in
ORDS: general obligation bonds for City of Seward Electric System improvements, entitled:
An Ordinance of the City of Seward, Alaska,
Providing for the Issuance and Sale of
$1,700,000 of General Obligation Bonds of
the City of Seward, Alaska, for the Purpose
of Planning and Constructing an Electric
Substation and Making Other Improvements to
the Electrical System of the City of Seward,
Alaska, and Fixing the Date, Form, Terms and
Maturities of These Bonds
The public hearing was opened on the ordinance; no one appeared from the audience
in order to be heard and the public hearing was closed. City Manager confirmed
the bonds to be issued were those approved by the voters at the City election
held on October 2, 1979. It was moved by Gillespie, seconded by Campbell and
unanimously carried by all those present to enact Ordinance No. 489.
C. Resolutions:
C MANAGER/ 1. Copies being made available to the public, Hugli noted by
I RES: title only proposed resolution setting the City Manager's salary for fiscal
year 1980-81, entitled:
A Resolution Setting the Salary for the City
Manager and Rescinding All Prior Resolutions
in Conflict Herewith
It was moved by Gillespie, seconded by Leer and unanimously carried by all those
present to approve Resolution No. 80-42.
17'1.
PAGE 112
REGULAR MEETING - JULY 14, 1980
VOLUME 19
X.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions: (cont'd)
C CLERK/
RES:
2. Copies being made available to the public, Hugli noted by
title only proposed resolution setting the City Clerk's salary for fiscal
year 1980-81, entitled:
A Resolution Setting the Salary for
the City Clerk and Rescinding all
Prior Resolutions in Conflict Herewith
It was moved by Gillespie, seconded by Leer and unanimously carried by all
those present to approve Resolution No. 80-43.
WATERFRONT
TRACTS/
RES:
title only
Waterfront
entitled:
3. Copies being
proposed resolution
Tracts, to Northern
made available to the public, Hugli noted by
authorizing the lease of Tracts 3 and 4, Seward
Stevedoring and Handling Corporation (NSHC),
A Resolution Providing for the Disposal
of Tracts 3 and 4 of the Seward Water-
front Tracts and Authorizing the City
Manager to Negotiate the Lease Thereon
City Manager reported that the proposed lease between the City and NSHC
represented a renegotiated version of the original lease agreement dated
June 11, 1970. He confirmed the lease was for a 20-year period and reflected
an adjusted annual rental of $24,000. Following discussion, it was moved by
Soriano, seconded by Campbell and unanimously carried by all those present
to approve Resolution No. 80-44.
XI.
UNFINISHED BUSINESS:
FIRE DEPT: A. Proposed "Mutual Aid Agreement" between the City of Seward and
the Bear Creek Fire Service Area (BCFSA) was noted. BCFSA Fire Chief Leonard
Weimar and Seward Fire Chief Oscar Watsjold appeared from the audience and
recommended approval of the agreement. City Manager stated the agreement had
been approved by the City Attorney and he recommended Council approval.
Following discussion, it was moved by Swartz, seconded by Campbell and
unanimously carried by all those present to approve the Mutual Aid Agreement
between the City of Seward and the Bear Creek Fire Service Area.
4TH OF
CREEK
AREA:
JULY B. City Manager stated at a recent study session the Council had
reviewed the various proposaE submitted and unofficially selected an engineer-
ing firm to provide the necessary services for design of the 4th of July Creek
industrial center and public marine facilities. He requested Council take
official action on the issue in the form of a motion. It was moved by Campbell,
seconded by Leer and unanimously carried by all those present that the City of
Seward hire Century-Quadra as the design engineering firm for the 4th of July
industrial center and public marine facilities.
XII.
NEW BUSINESS:
None
XIII.
CITY MANAGER REPORTS:
TELEVISION: A. City Manager reported that technicians were on Mt. Wolcott
to try to resolve the problems with the Channel 9 translator. He distributed
a letter dated July 11, 1980, from Satellite T.V. Systems, submitting a bid
of $26,350 to provide materials and installation for the operation of the
current and one additional earth station. City Manager stated the bid was
within the limit of funds remaining with the State of Alaska for expenditure
by Seward for television service. He reported that if Council approved the
proposal and allowed the installation of an additional earth station dish,
it was expected to be operational by October 1. In answer to a question
from Campbell, City Manager stated the television expansion project would
not require an increase in customer service fees. Following discussion, it
was moved by Gillespie, seconded by Swartz and unanimously carried by all
those present to authorize the City Manager to expend $26,350 on the installa-
tion of a Channel 7 dish and antenna and the moving of Channel 3 equipment,
and all other necessary improvements.
.' .
PAGE 113
REGULAR MEETING - JULY 14, 1980
VOLUME 19
XIII.
CITY MANAGER REPORTS:
(cont'd)
B. City Manager reported that he had that evening received from
the City Attorney a draft dock license and lease agreement for the public
port facility and marine industrial center proposed for the 4th of July Creek
area. He requested that a work session be scheduled for Monday, July 21,
1980, in order for Council to review and discuss the draft documents.
XIV. COUNCIL DISCUSSION:
III P & Z A. The following items were noted relative to the one vacancy on
COMSN:the Seward Advisory Planning and Zoning Commission:
"Notice of Vacancy - Planning and Zoning
Commission" as posted and published two
times in the local newspaper
Applications as received from:
Patrick O'Brien
Thomas Reese
Councilmembers cast secret ballots and, upon tallying, the City Clerk announced
that Patrick O'Brien had received five votes. Hugli noted that O'Brien would
fill the current vacancy on the Commission.
c: ATTORNEY: B. The following items were noted relative to the claims submitted
by Dean and Gary Lust for damage which occurred to their vessels while in the
Seward Small Boat Harbor:
May 27, 1980, memorandum from Administrative
Assistant, recommending denial of the claims
pursuant to Section 5-11 of the City Code
I
May 2, 1980, memorandum from Harbormaster
Singleton, explaining the events surrounding
the damage to the two vessels
February 7, 1980, letter from Harbormaster
Singleton to Dean Lust, notifying Lust of
the damage his vessel incurred
April 18, 1980, "Claim for Damagesl1 in the
amount of $531.62 as filed by Dean Lust
April 18, 1980, I1Claim for Damagesl1 in the
amount of $770 pursuant to an attached
estimate, as filed by Dean Lust on behalf of
Gary Lust
I
Leer stated she felt the City was responsible for the damages in view of the
fact that the damage occurred while the boats had been removed from their
regular moorings and had been tied together by Harbor personnel to facilitate
the removal of a sunken vessel. Hugli stated he agreed with Leer and felt the
Harbor personnel should have taken proper precautions to insure the safety of
the vessels. Soriano stated the Council should first address Seward City Code
Section 5-11 which states that the 11, . . City assumes no risk on account of
. . . an Act of God or damage of any kind to boats, persons or equipment." He
stated if the Council believed such claims should be paid then the Code should
be revised. Following discussion, it was moved by Swartz, seconded by Leer
but did not carry as follows that the Council honor both of the claims:
Ayes:
Noes:
Absent:
Hugli, Leer and Swartz
Campbell, Gillespie and Soriano
Cripps
!t
PAGE 114
REGULAR MEETING - JULY 14, 1980
\OLUME 19
XIV.
COUNCIL DISCUSSION:
(cont'd)
C ATTORNEY: C. June 27, 1980, I1Claim for Damagesl1 in the amount of $104.95
as submitted by Charles Karges Jr. for an antenna which was allegedly removed
from his vehicle while it was in the City impound lot, was noted. City
Manager referred to the July 8, 1980, memorandum from Police Lieutenant Olson
which stated that the police officers had not noticed an antenna and informa-
tion requested from Karges on the claim had never been received by the Police
Department; therefore, Lt. Olson had recommended denial of the claim. It
was moved by Soriano, seconded by Campbell and unanimously carried by all
those present to deny the claim of Charles Karges Jr.
D. Swartz spoke on the need for the City to seek funding for the
lengthing of the Seward airport runway to accommodate additional air service
into the area. City Manager stated the issue was a continuing concern of the
administration and funds had been unsuccessfully sought from the 1980 legislature.
He stated the City would continue its efforts during the 1981 legislative session.
Gillespie supported the Council passage of a resolution requesting State funds
for the airport runway extension.
E. Gillespie reported on repair work being done at the high school
and stated such work should not be at the expense of the taxpayers since the
building was only a few years old. Campbell explained the extent of the
repair work underway and confirmed that the architect and contractor were
having to bear the costs of the repairs.
F. Leer questioned if a roof could be placed over the fish cleaning
area in the Small Boat Harbor. Following discussion, Hugli directed the City
administration to obtain a cost estimate for a roof and report to Council at
the next meeting.
XV.
CITIZENS' DISCUSSION:
A. Willard Dunham appeared from the audience and spoke in support
of covering the fish cleaning area in the harbor and recommended a plastic
roofing in order to eliminate the need for lighting the area. Further, Dunham
"~port expansion was anticipated, the entire facility should be
/Crelocated d~e'*o access route problems which would be brought about by a
longer runway a\ the present airport location.
, .
/ ,
XVI. ADJOURNMENT:
adjourned at 9:48 p.m.
12 () t/~
RaymOn~HUgli
Mayor
--------------------------------------------------------------------------------
I
PAGE 115
SPECIAL MEETING - JULY 21, 1980
VOLUME 19
I.
CALL TO ORDER:
The July 21, 1980, special meeting of the Seward City Council,
sitting as a Board of Adjustment, was called to order at 7:03 p.m. by
Mayor Hugli. IlNotice of Special Meetingll as posted and published one time
in the local newspaper, was noted.
II.
OPENING CEREMONY:
Councilmember Soriano led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps,
Gillespie, Leer, Soriano and Swartz
Present also: City Manager Johnson, Administrative Assistant
Schaefermeyer and City Clerk Shanley
IV.
SPECIAL ITEM:
FOREST ACRES: A. Hugli stated that the City Council was meeting as a Board of
Adjustment to review the evidence and testimony presented in the appeal of
Seward Chapel from the Seward Advisory Planning and Zoning Commission's
action of June 11, 1980, to deny Seward Chapel's application for a contract
rezoning of Lots GG, RR and SS, Forest Acres Subdivision, to allow for the
location and operation of a parochial school in the rural residential zoning
district. He reported that the Board had not taken action on the issue at
its July 14 meeting due to the absence of Councilmember Cripps. In answer
to an inquiry from Hugli, Cripps confirmed that he had listened to the taped
proceedings of the July 14 meeting, had reviewed the packet of information
which had been supplied each Board member relative to the Seward Chapel
issue, and was ready to participate in a vote on the issue. It was moved by
Gillespie, seconded by Swartz and unanimously carried that the City Council
I uphold the earlier findings of the Seward Planning and Zoning Commission of
June 11, 1980, regarding Seward Chapel's contract zoning application.
I
v.
ADJOURNMENT:
The meeting was adjourned at 7:06 p.m.
'~"A,
)-\~.,. ~ :-:.' ' .'.-
(City Seal)
-, '
~;
':cr::'
----------------------------------------------------------------------~-------
, "] f)
PAGE 116
REGULAR MEETING - JULY 28, 1980
VOLUME 19
I.
CALL TO ORDER:
The July 28, 1980, regular meeting of the Seward City Council was
called to order at 7:30 p.m. by Vice Mayor John Gillespie.
II.
OPENING CEREMONY:
Councilmember Soriano led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Vice Mayor Gillespie; Councilmembers Cripps, Leer,
Soriano and Swartz (Absent, with Council consent,
were Mayor Hugli and Councilmember Campbell)
Present also: City Manager Johnson, *City Attorney Jarrell,
Administrative Assistant Schaefermeyer and City
Clerk Shanley
INTRODUCTIONS:
SISTER
CITY:
Brent Whitmore appeared from the audience and introduced Mr. Tatsuichi
Tsujii, leader of a Japanese youth camping group presently camping at the Lowell
Point area. He stated five members of the group were from Seward's Sister City
of Obihiro, Japan. The Obihiro youth introduced themselves and one presented
a letter to the Council from Obihiro Mayor Kengo Tamoto; Gillespie read the letter
in full.
Whitmore also introduced the three summer exchange students who had
arrived the previous week from Obihiro. The Japanese students appeared and
introduced themselves as Haruji Hayashi, Kiyotsugu Ikeda and Nobuyuki Takahashi.
Whitmore commented that Seward youths David Kasser, Michael Kothe and Brett
Woern would be departing for Japan the following week with the three Japanese
students.
In conclusion, Whitmore displayed the gold pan trophy which had been
purchased as the Seward Mayor's trophy for the Japanese Heigen Festival and
which would be sent with the Seward students to be delivered to Mayor Tamoto
on behalf of Mayor Hugli. Whitmore reported that 1980 was the eighth year of
the student exchange program and thanked Council for its support.
IV.
APPROV AL OF MINUTES:
It was moved by Swartz, seconded by Cripps and unanimously carried
by all those present to approve as written the special meeting minutes of
July 10 and 21 and the regular meeting minutes of July 14, 1980.
v.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following additions be made to the
consent calendar:
4. Arctic Environmental Engineers Invoice No. 04080 dated
July 14, 1980, in the amount of $96,325.44, for engineer-
ing services performed relative to Step 2 of the sewage
treatment facility plan
5. Arctic Environmental Engineers Invoice No. 04180 dated
July 14, 1980, in the amount of $6,825.18, for engineer-
ing services performed relative to Step 3 of the sewage
treatment facility plan
City Manager requested that the following additions be made to the
regular meeting agenda:
IX. Ordinances and Resolutions:
C. Resolutions:
3. Proposed Resolution No. 80-47, supporting the
issuance of a permit to allow Kenai Lumber Company
to place fill material in a Ilwetlandll area
L J
PAGE 117 REGULAR MEETING - JULY 28, 1980 VOLUME 19
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
X. Unfinished Business:
A. Request of John C. Anderson III to purchase City-
owned Lot 4, Block 9, Cliff Addition
XI. New Business:
I
C. July 25, 1980, letter from Robert F. Richardson,
requesting City assistance in financing a sewer
line hook-up for the new Skill Center shop building
At the request of the City Manager, it was moved by Cripps, seconded
by Soriano and unanimously carried by all those present to hold an executive
session regarding legal matters. (followed Public Hearings)
Following discussion, it was moved by Cripps, seconded by Swartz
and unanimously carried by all those present to approve the regular meeting
agenda and consent calendar as amended and the following actions were taken:
STREETS,
RDS, HWYS:
1. The following letters regarding Resurrection River
Road construction, were noted for information and
filed:
July 15, 1980, letter from State Department of Trans-
portation and Public Facilities Commissioner Robert
W. Ward
July 16, 1980, letter from U.S. Senator Mike Gravel
July 17, 1980, letter from U.S. Senator Ted Stevens
RAILROAD :
2. July 9, 1980, letter from The Alaska Railroad Real
Estate Officer, Merle Akers, transmitting Supplement
No. 6 to the contract between the Railroad and the
City for the Police Department to provide protection
for the Railroad's Seward facilities at $600 per month,
through September 30, 1981, was noted and approved for
the Mayor's signature.
I
CLIFF ADDN/
WATERFRONT
TRACTS:
3. July 8, 1980, Invoice No. 7183 from Appraisal Company
of Alaska in the amount of $1,100 for appraisal services
performed on City-owned Lot 4, Block 9, Cliff Addition,
and Tract A of ATS No. 174, was approved for payment and
filed.
SEWAGE TREATMENT:
4. Arctic Environmental Engineers Invoice No. 04080 dated
July 14, 1980, in the amount of $96,325.44, for engineer-
ing services performed relative to Step 2 of the sewage
treatment facility plan, was approved for payment and
filed.
SEWAGE TREATMENT:
5. Arctic Environmental Engineers Invoice No. 04180 dated
July 14, 1980, in the amount of $6,825.18, for engineer-
ing services performed relative to Step 3 of the sewage
treatment facility plan, was approved for payment and
filed.
I
VI.
BOROUGH ASSEMBLY REPORT:
Due to the absence of Councilmember Campbell, there was no
Borough Assembly report.
VII.
PUBLIC HEARINGS:
None
~ 1 ~~
4TH OF JULY
CREEK:
WATERFRONT
TRACTS/
RES:
FINANCE/
RES:
LOUISIANA
PACIFIC/
RES:
PAGE 118
REGULAR MEETING - JULY 28, 1980
VOLUME 19
EXECUTIVE
SESSION:
Council recessed to an executive session regarding legal matters
at 7:47 p.m.; reconvened at 8:15 p.m.
*The City Attorney departed the meeting at this time.
VIII.
CITIZENS' DISCUSSION:
(With prior notice only)
(Added by Vice Mayor, with Council consent)
A. James Pruitt of Seward Ship's Chandlery appeared from the audience
and distributed to the Councilmembers a letter dated July 28, 1980, requesting
to lease a portion of City property adjacent to the proposed marine ways to be
constructed at the 4th of July Creek industrial park. Pruitt spoke and
answered questions on his preliminary lease proposal, stating he wanted
Council to be aware that other businesses would be interested in locating
in the industrial area and urged Council not to grant VECO or any other
business venture an exclusive use of the area. City Engineer Tom Small
appeared from the audience and stated that although earlier draft contract
documents between the City and VECO had contained such an Ilexclusive rightsll
clause, current drafts had eliminated those provisions. Gillespie assured
Pruitt that the intent of the City was to provide land for lease by various
entities and urged Pruitt to participate in the public hearings which would
be held in the future regarding development of the 4th of July Creek area.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
1. Copies being made available to the public and distributed
to Council, Gillespie noted by title only proposed resolution approving the
Lease and Dock License Agreement between the City and the State ferry system
for the Ilold depotll building and preferential use of the 4th Avenue Dock for
fiscal year 1980-81, entitled:
A Resolution Providing for the Disposal
by Lease of the Preferential Use of the
Fourth Avenue Dock and the Old Depot
Building for Use by the Ferry System
City Manager noted that the $25,000 annual rental fee had been previously
approved by Council and supported approval of the resolution. It was moved
by Soriano, seconded by Cripps and unanimously carried by all those present
to approve Resolution No. 80-45.
2. Copies being made available to the public, Gillespie noted
by title only proposed resolution authorizing City credit cards for use by
the City Manager, entitled:
A Resolution Authorizing the City Manager
to Apply and Sign for Credit Cards
City Manager stated the resolution would allow him to apply for and use City
credit cards when he was making expenditures relative to City business. He
spoke in support of the resolution, stating it would simplify his as well as
the City's bookkeeping procedures. It was moved by Soriano, seconded by Leer
and unanimously carried by all those present to approve Resolution No. 80-46.
3. Copies being made available to the public and distributed
to Council, Gillespie read by title only proposed resolution supporting the
issuance of a permit to Kenai Lumber Company to allow for the placement of
fill material in a "wetlands" area, entitled:
A Resolution Supporting the Issuance of
a Section 404 Permit to Kenai Lumber
Company
L p/
RES:
(cont'd)
I
CLIFF ADDN:
I
MARINA SUB:
C ATTORNEY:
SCHOOLS:
I
PAGE 119
REGULAR MEETING - JULY 28, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS:
(cont'd)
C. Resolutions:
(cont'd)
City Manager stated the City had received notification that the Kenai Lumber
Company, although holding a valid State permit, had been cited by the Federal
government for placing fill material in an area designated "wetlands" without
the proper Federal permit. He stated the City had been contacted by the Corps
of Engineers and asked to comment on whether the practice had an adverse
effect on the public interest. He noted the resolution as presented supported
the Federal government's issuance of a permit to Kenai Lumber to allow for the
Company to continue its filling practice. Following discussion, it was moved
by Soriano, seconded by Swartz and unanimously carried by all those present to
approve Resolution No. 80-47.
X.
UNFINISHED BUSINESS:
A. City Manager referred to the May 18, 1980, request received
from John C. Anderson III to purchase City-owned Lot 4, Block 9, Cliff
Addition at a price of $5,000. At that time the Council had directed the
administration to obtain a fair market appraisal of the property. He confirmed
the appraisal had been ordered and, upon receipt, the Andersons had been
notified that the City parcel had been valued at $10,000 to $11,500. Even
though the appraised price was considerably higher than Anderson's initial
offer, Mr. Anderson had stated he was still interested in bidding on the
parcel. City Manager urged Council to direct the administration to proceed
with the request for bids on the parcel in order to get the land on the tax
roles. Following discussion, it was moved by Soriano, seconded by Cripps and
unanimously carried by all those present to authorize the City Manager to
advertise as necessary for the sale of Lot 4, Block 9, Cliff Addition, at
a minimum bid price of $10,000.
Gillespie stated in past years Ralph Moody of Anchorage had
voiced interest in purchasing a City-owned parcel near the lagoon and at that
time Council had postponed action on the request until a map of City property
could be developed in order to determine which lands should be retained and
which offered for sale. He commented that the Council's policy seemed to have
changed and, with Council consent, directed the administration to contact
Moody to see if he was still interested in the parcel and, if so, proceed
with acquiring an appraisal and offering the land for sale by the sealed bid
process.
XI.
NEW BUSINESS:
A. July 8, 1980, letter from Juris Mindenbergs and Douglas Weeks,
requesting approval of the lease assignment of Lots 3, 5, 6, 7 and 8, Block 1,
Marina Subdivision, from Mindenbergs and Weeks to Mindenbergs, was noted.
Following discussion, it was moved by Soriano, seconded by Cripps and unanimously
carried by all those present to approve the transfer from Douglas Weeks and
Juris Mindenbergs to Mindenbergs on Lots 3, 5, 6, 7 and 8, Block 1, Marina
Subdivision.
B. "Claim for Damages" dated July 2, 1980, as submitted by Ted
Fogle, in the amount of $442.10, for damages allegedly sustained to Fogle's
vehicle due to a collision with the harbor travelift, was noted. City Manager,
with Council consent, requested that the claim be referred to the City's insurance
carrier for investigation and settlement.
C. July 25, 1980, letter from Robert F. Richardson, requesting City
assistance in the financing of the installation of a sewer line to service the
Skill Center's new shop building, was distributed. City Manager stated that
an assessment district would have to be established to provide for the installa-
tion of the $70,000 to $lOO,OOO sewer line and pump station necessary to service
the Skill Center building, to be located near the existing shop on the Seward
Highway. In answer to a question from Cripps, City Manager confirmed that
legally the City would need a commitment from the State Department of Education
prior to proceeding with the project. Following discussion, it was moved by
Swartz, seconded by Cripps and unanimously carried by all those present to
authorize the City Manager to proceed with development of a special assessment
district to service the Alaska Skill Center shop complex with sewer.
, ,')
, .
"
PAGE 120
REGULAR MEETING - JULY 28, 1980
VOLUME 19
XII.
CITY MANAGER REPORTS:
HARBOR:
A. City Manager reported work had been done on the fish cleaning
tables in the harbor area and he had received a time and materials estimate
of $8,000 to place a steel or fiberglass roof over the tables which would be
strong enough to withstand the winter weather. He stated if he was required
to go to bid for the project, the estimated cost would near $10,000 due to the
need for specifications and drawings. Following discussion, it was moved by
Cripps, seconded by Soriano and unanimously carried by all those present to
recommend proceeding with the time and materials bid for the project.
on the
provide
B. City Manager gave a verbal report and answered Council questions
status of the Nash Road extension clearing contract, which would
access to the 4th of July Creek industrial park area.
XIV.
CITIZENS' DISCUSSION:
A. City Manager, speaking on behalf of Dale Clemens, stated the
Chamber of Commerce had requested permission to hold a street dance in the
harbor area on Saturday, August 16, 1980. Gillespie, with Council consent,
supported the activity but stated it should be understood that the sponsors
of the dance were responsible for the clean-up.
B. Oscar Watsjold appeared from the audience and spoke on the
trailers parking south of the Alaska Marine building in the harbor area and
blocking access to the parking lot. City Manager stated he was not aware of
a problem but would investigate the situation.
XV.
ADJOURNMENT:
adjourned at 9:03 p.m.
,{y
<~:-"
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PAGE 120
REGULAR HEETING - AUGUST 11, 1980
VOLill1E 19
I.
CALL TO ORDER:
The August 11, 1980, regular meeting of the Seward City Council was
called to order at 7:33 p.m. by ~1ayor HugH.
II.
OPENING CEREMONY:
Councilmember Cripps led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps,
Gillespie, and Leer (Absent, with Council consent,
were Soriano and Swartz)
Present also: City Manager Johnson, *City Attorney Jarrell,
Administrative Assistant Schaefermeyer and City
Clerk Shanley
I. .
PAGE 121
REGULAR MEETING - AUGUST 11, 1980
VOLUME 19
IV.
APPROVAL OF MINUTES:
It was moved by Campbell, seconded by Gillespie and unanimously carried
by all those present to approve the regular meeting minutes of July 28, 1980, as
written.
V.
APPROVAL OF CONSENT CALENDAR A}ID REGULAR MEETING AGENDA:
I
City Manager requested that the following item be added to the consent
calendar:
6. August 5, 1980, billing from Ranald H. Jarrell for
legal services rendered during July 1980, totaling
$8,042.30 - approve for payment and file
City Manager requested that the following items be added to the
regular meeting agenda:
XI. New Business:
C. Award of the clearing contract for the Nash Road
extension to the 4th of July Creek industrial
park area
D. Change order for the electrical system improvement
project, assigning additional tasks to contractor
Fischbach and Moore
E. "Management/Service Agreement" for the 4th Avenue
Dock as submitted by Albert Kawabe and dated July 28,
1980
I
F. August 4, 1980, letter from Rock Associates, Inc.,
proposing to provide cable television service to
the residents of Seward
Following discussion, it was moved by Campbell, seconded by Cripps and unanimously
carried by all those present to approve the regular meeting agenda and consent
calendar as amended and the following actions were taken:
C ATTORNEY:
1. July 24, 1980, invoice from Hughes, Thorsness,
Gantz, Powell and Brundin for legal services
rendered relative to the ILWU, totaling $5,428.47,
was approved for payment and filed.
ABC B:
2. July 22, 1980, letter from the Alcoholic Beverage
Control Board, noticing of application to transfer
the Palace Bar and Cafe's liquor license from Goresen
to the Seward Longshoremen's Benevolent Association,
was noted and filed without objection.
STREETS:
3. July 22, 1980, letter from U.S. Senator Ted Stevens
regarding Resurrection River Road construction, was
noted for information only and filed.
ELECTRIC:
4. July 24, 1980, letter from Alaska Governor Hammond
regarding the Grant Lake hydroelectric project, was
noted for information only and filed.
I AK, ST OF:
5. July 30, 1980, notice from the State Department of
Natural Resources relative to the classification of
lands in the Seward area, was noted and filed without
comment.
C ATTORNEY:
6. August 5, 1980, bill from Ranald H. Jarrell for legal
services rendered during July 1980, totaling $8,042.30,
was distributed, approved for payment and filed.
1 'I <)
PAGE 122
RFGULAR MFETING - AUGUST 11, 1980
VOLUNE 19
VI.
BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the Kenai Peninsula
Borough Assembly meeting of August 5, 1980.
VII.
PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION:
(With prior notice only)
No one appeared from the audience at this time in order to be
heard.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions: None
X.
UNFINISHED BUSINESS:
None
XI.
NEW BUSINFSS:
BAYVIEW ADDN: A. August 6, 1980, memorandum from City Manager and July 29, 1980.
letter from Velma Williams regarding the encroachment into Bear Street of the
garage located on Lot 24, Block 3, Bayview Addition, was noted. City Manager
stated the garage encroached onto a City right-of-way which was unimproved
and would remain so for the foreseeable future. He stated the garage had
been constructed many years ago, posed no problem to the City, and recommended
the Council take no action against the encroachment, Gillespie requested
permission to abstain from a vote on the issue because he had entered into
a contract for the sale of the property. Following discussion, it was moved
by Campbell, seconded by Leer and carried as follows that the City take no
action against the encroachment of the building situated on Lot 24, Block 3,
Bayview Addition, for the life of the loan or the useable life of the structure,
whichever terminates first, in the matter of Velma Williams:
Ayes:
Noes:
Abstain:
Absent:
Campbell, Cripps, Hugli and Leer
None
Gillespie
Soriano and Swartz
B. July 30, 1980, letter from Northeastern Fire Insurance Company
of Pennsylvania regarding an insurance claim against the City and requesting
payment of $974.75, was noted. City Manager explained that the insurance
claim involved a Seward Service garbage truck and the refuse contractor's
insurance carrier was handling the matter.
4TH OF JULY
CREEK AREA:
C. City Manager reported that bids for the
of-way for the Nash Road extension to the 4th of July
area had been opened at 2:00 p.m. that afternoon. He
follows:
clearing of the right-
Creek industrial park
quoted the bids as
Engineer's estimate
Stephan & Sons
METCO
$ 167.500
640,800
189,650
City Nanager stated that even though the low bid was 13 percent higher than
the engineer's estimate, R & M Consultants had recommended award of the bid
to METCO at this time. In answer to ~ question, City Engineer Small appeared
from the audience and stated one reason for the disparity in the bids might
be that the contractor would receive the value of the timber removed from the
right-of-way and the local bidder had walked the project and taken the timber
value into account. Following discussion, it was moved by Gillespie, seconded
by Campbell and unanimously carried by all those present to award METCO the
clearing contract for the 4th of July road for the sum of $189,650.
ELECTRIC:
I
WATERFRONT
TRACTS:
TELEVISION:
I
AK, ST OF:
I
PAGE 123
REGULAR MEETING - AUGUST 11, 1980
VOLUME 19
XI.
NEW BUSINESS:
(cont'd)
D. City Manager stated the administration would like Council approval
to assign additional tasks relative to the Seward electric system improvements
to the current contractor, Fischbach and Moore. A map was post@d which
displayed the seven areas which would be addressed in the contract change order,
He stated the City would be providing the materials and Fischbach and Moore had
submitted an estimated labor cost of $288,460.58, which sum included a 30 percent
contingency. City Engineer Small appeared and stated that due to the late sale
of the City's electrical bonds, the City did not have time to advertise for
bids for the additional work and urged Council to approve the change order with
Fischbach and Moore in order to facilitate the timely progression of the project.
In answer to a question, City Manager confirmed that the cost estimate was
well within the City's budget for the expenditure of the $1,700,000 in bond
monies for the electric project. Following discussion, it was moved by Campbell,
seconded by Gillespie and unanimously carried by all those present to authorize
the administration to negotiate with Fischbach and Moore to complete additional
line work, for a figure not to exceed $288,460.58.
E. City Manager distributed "Management/Service Agreement" for the
4th Avenue Dock as proposed by Albert Kawabe and dated July 28, 1980. The
Manager requested the Council schedule a work session to review Kawabe's
proposal for management of the City-owned 4th Avenue Dock. Hugli directed
the City Clerk to contact the two absent Councilmembers and try to schedule
a meeting the following week which all members could attend.
F. August 4, 1980, letter from Rock Associates, Inc., proposing
to provide cable television service to Seward residents, was distributed.
*CITY ATTORNEY JARRELL ARRIVED AT THIS TIHE.
City Manager reported that the State Legislature had recently enacted a law
which had the effect of disallowing the City regulation of a cable television
system. City Attorney stated if the cable system's operation and fees were to
be regulated, the Alaska Public Utilities Commission (APUC) would have to
become involved. And, he stated if the APUC regulated television in Seward
it would also have the power to regulate the other City utilities which were
presently exempt from the Commission's regulations. City Manager recommended
the Council seriously consider the maintenance of Channel 9 and the legal
ramifications of discontinuing Channel 9 service and transferring a captive
television audience to a cable television system with fees substantially
higher than the City charge for limited television service. In answer to a
question, City Manager stated the City could provide the same stations as
offered by Rock Associates, excepting Channels 5 and 13, for an estimated
installation cost of $220,000 to $250,000 and the system operating to Mile 7
could be maintained with a one percent sales tax, or a $16 per month user fee
based on 500 customers located within the city limits of Seward. Following
discussion, Hugli directed the City Attorney to research the ramifications of
maintaining Channel 9 versus turning it off and the various legal questions
involved in granting a franchise to a cable television company and the regulation
of such, He stated the matter would be discussed in more detail at the following
week's work session.
XII.
CITY MANAGER REPORTS:
A. July 29, 1980, letter from the Alaska Agricultural Action Council
regarding discussion of a permanent grain export terminal and inviting City
representation at an August 14 meeting in Anchorage, was noted. City Manager
stated the administration wOl'ld be represented at the meeting.
LAUBNER ADDN: B. City Manager inf0rmed Council that in response to the City's
inquiry, Ralph Moody had vOiC,",l continued interest in the purchase of Ci ty-
owned Lots 22 and 23, Block In, Laubner Addition. He asked for Council approval
to proceed with the ordering of an appraisal report and listing of the property
for sale by the sealed bid prncess. It was moved by Cripps, seconded by Leer
and unanimously carried by all those present to proceed with the sale of Lots
22 and 23, Block 10, Laubner Addition. I
Regarding the City's sale of Lot 4, Block 9, Cliff Addition,
City Manager reported receiving a citizen inquiry of whether the City was
willing to finance the purchase of the lot. Following discussion, Hugli, with
Council consent, stated the City would not finance the purchase of the parcel.
, :-1
PAGE 124
REGULAR MEETING - AUGUST 11, 1980
VOLUME 19
XIII.
COUNCIL DISCUSSION:
A. Gillespie stated he had recently been appointed to the Borough's
Economic Development Committee (EDC) and the EDC was requesting each City to
submit a project priority list. City Manager stated expansion of the City's
water system would be the number one priority item to submit to the EDC at this
time.
B. City Manager spoke on the expansion plans for the Small Boat
Harbor and, specifically, the plans for a dry storage boat harbor, He stated
he had discussed the project with Don Statter of the State Division of Waters
and Harbors and Statter had assured him that the project would qualify for
funding by use of the $2 million earmarked for Seward harbor expansion as
approved by a 1978 State bond issue. With Council consent, City Manager
requested permission to proceed with further investigation of the dry storage
boat harbor.
XIV. CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
XV.
meettn~'was adjourned at 9:10 p.m.
, ,"\ I 1/'\
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l ) i"
- b. ...!, I
~aymo~ Hti'g'1i v j
Mayor
"
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PAGE 124
REGULAR MEETING - AUGUST 25, 1980
VOLUME 19
I.
CALL TO ORDER:
The August 25, 1980, regular meeting of the Seward City Council was
called to order at 7:32 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps and
Gillespie (Absent, with Council consent, were
Councilmembers Leer, Soriano and Swartz)
Present also: City Engineer Small and City Clerk Shanley
IV. APPROV AL OF MINUTES:
It was moved by Campbell, seconded by Gillespie and unanimously
carried by all those present to approve the regular meeting minutes of
August 11, 1980, as written.
~ _, J
PAGE 125
REGULAR MEETING - AUGUST 25, 1980
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Engineer requested the following additions be made to the consent
calendar:
I
3. August 18, 1980, invoice from Fischbach and Moore of Alaska
in the amount of $108,908.32 for work performed on the
Seward electrical system substation - approve for payment
and file
4. August 20, 1980, invoice from Wells Built Homes in the
amount of $7,i99.97 for work performed on the Seward
electrical system substation - approve for payment and
file
City Engineer requested the following additions be made to the regular
meeting agenda:
XI. City Manager Reports:
C. Jail contract between the City of Seward and the
State of Alaska
D. Utilities computer program contract
E. Marathon Hydro-development project
F. ~ity Hall weatherproofing
I
Campbell requested postponement of item E. due to the fact that the
project involved the hospital and, as hospital administrator, he would have to
abstain from a vote on the issue. City Engineer distributed "Scope of Work/
Costs" on the project as received from Trans-Alaska Engineering. He stated
the bid of $41,450 was judged too high by the administration and recommended
the City not act on the matter at this time. Hugli, with Council consent,
stated the item would not be added to the evening's agenda.
Following discussion, it was moved by Gillespie, seconded by Campbell
and unanimously carried by all those present to approve the consent calendar and
regular meeting agenda as amended and the following actions were taken:
1. August 1980 letter from the Kenai Peninsula Convention
Bureau regarding September 19-20 meeting, was noted for
information only.
LEG REPS:
2. August 18, 1980, telegram from W.D. Overstreet regarding
a special session of the Legislature, was noted for
information and filed.
ELECTRIC DEPT:
3. August 18, 1980, invoice from Fischbach and Moore of
Alaska, in the amount of $l08,908.32 for work performed
on the Seward electrical system substation, was approved
for payment and filed.
ELECTRIC DEPT:
4. August 20, 1980, invoice from Wells Built Homes Inc., in
the amount of $7,799.97 for work performed on the Seward
electric system substation, was approved for payment and
filed.
I
VI.
PUBLIC HEARINGS:
None
VII.
CITIZENS' DISCUSSION:
(With prior notice only)
No one appeared from the audience at this time in order to be heard.
lr:lh
PAGE 126
REGULAR MEETING - AUGUST 25, 1980
VOLUME 19
VIII.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions: None
IX.
UNFINISHED BUSINESS:
WATERFRONT A. "Management/Service Agreement" for operation of the 4th Avenue
TRACTS: Dock, as proposed by Albert Kawabe and dated July 28, 1980, was noted. Hugli
confirmed the item had been a topic for discussion at the Council work session
of August 21, 1980. Following discussion, it was moved by Gillespie, seconded
by Cripps and unanimously carried by all those present to direct the City Manager
to negotiate a management/service agreement between the City of Seward and
Albert Kawabe for the 4th Avenue Dock.
TELEVISION: B. Rock Associates Inc., letter of August 4, 1980, regarding cable
television service for the Seward area, was noted. Hugli commented that the
item had been discussed at the Council work session of August 21, 1980. Campbell
reported the Council wished to reject Rock Associates' proposal and to request
proposals from various firms for the service. Further, he stated that the City
was interested in investigating the possibility of providing such a service to
the local residents. Following discussion, it was moved by Gillespie, seconded
by Cripps and unanimously carried by all those present to authorize the City
Manager to correspond with Rock Associates Inc., notifying them of the City's
decision regarding their proposal for cable television service. Hugli requested
the City Clerk provide a copy of the letter to each Councilmember.
4TH OF
CREEK
AREA:
LOUISIANA
PACIFIC:
SEWAGE
TRTMT:
POLICE
DEPT:
X.
NEW BUSINESS:
JULY A. City Engineer gave a brief verbal status report on the Phase I
contract for the Nash Road extension project and the engineering as
performed by R & M Consultants. He requested Council approval to enter into
a Phase II contract with R & M for continuation of the project through the
bid document stage. He confirmed the City had received R & M's time and
materials bid for Phase II at $l65,520. Following discussion, it was moved
by Campbell, seconded by Gillespie and unanimously carried by all those present
to enter into the Phase II contract with R & M Consultants at a price not to
exceed :;>165,520.
XI.
CITY MANAGER REPORTS:
A. City Engineer reported that in 1979 the City of Seward had
entered into an agreement with Louisiana Pacific for the purchase of the
LP diesel generator within 30 days following the sale of the electrical system
revenue bonds. He stated the bonds had been sold and the balance due and owing
LP was $103,l52.77. Following discussion, it was moved by Campbell, seconded
by Gillespie and unanimously carried by all those present to finalize the
settlement with LP for the generator purchase at $103,152.77.
B. City Engineer reported the administration was requesting, on
behalf of Arctic Environmental Engineers, a change order for the sewage treat-
ment project in the amount of $86,494.85 for the purchase of higher quality
pipe than originally bid. Following discussion, it was moved by Gillespie,
seconded by Campbell and unanimously carried by all those present to approve
the project change order on the sewage treatment plant pipe for the sum of
$86,494.85.
C. City Engineer reported on the renewal of the jail contract
between the City of Seward and the State of Alaska for fiscal year 1981
at the State's proposed rate of $100,034. He confirmed that the contract
rate was some $7,000 lower than the previous year's; however, he stated the
Police Chief and City Manager had confirmed that the budget reduction was
acceptable. Following discussion, it was moved by Campbell, seconded by
Cripps and unanimously carried by all those present to accept the jail contract
for $100,034.
PAGE 127
REGULAR MEETING - AUGUST 25, 1980
VOLUME 19
XI.
CITY MANAGER REPORTS:
(cont ' d)
FINANCE
DEPT:
I
D. City Engineer stated the administration was requesting Council
approval for the purchase of a specialized computer program to handle the
City's utility billing, at a cost of $3,500. Finance Director Joseph Gale
appeared from the audience and spoke and answered questions on the computer
program. He stated a specialized program was necessary due to the sale
computation, the required interface into the City's main accounting system,
the numerous utility billings which could not be handled by a stock program,
and the various detailed reports required by the City. He reported he had
received quotes from three individuals and the low bid had been received from
Glenn Hargen at $3,500. Following discussion, it was moved by Campbell, seconded
by Cripps and unanimously carried by all those present to purchase the computer
program for the City utility billing as developed by Glenn Hargen at $3,500,
monies to be allocated from the Mayor's contingency fund.
CITY HALL: E. City Engineer distributed August 20, 1980, proposal from Alaska
Builders Inc., for weather-proofing of the City Hall building at a cost of
$5,960. He reported that the bid received was lower than his estimated costs
if City employees were to do the work. He confirmed that this was a sole
source bid due to the fact that the only other contractor in town was not
available to do the project at this time. In answer to a question from Gillespie,
City Engineer stated the administration had elected not to go to bid for the
project because it was felt that the development of the necessary bid documents
and specifications would drive the cost of the project to such a level as to
make it economically unfeasible. Following discussion, it was moved by Gillespie,
seconded by Cripps and unanimously carried by all those present to accept the
Alaska Builders Inc. bid for the recaulking of City Hall for the sum not to
exceed $5,960, to be completed no later than October 1, 1980.
XII.
COUNCIL DISCUSSION:
None
I
XIII.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
XIV.
ADJOURNMENT:
~ing was
r\f'.u.:~c <;:: ;."'<~
cS-:'} ,I G r y 1:: Vi' "
... / '\ ....... "" .... .... .~
adjourned at 8:17 p.m.
/
/'"
/
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(
'-
L. Hugli
(City Seal)
I
1 :X"
, ,
4TH OF
JULY
CREEK AREA:
ELECTRIC
DEPT:
CLIFF
ADDN:
PAGE 128
REGULAR MEETING - SEPTEMBER 8, 1980
VOLUME 19
I.
CALL TO ORDER:
The September 8, 1980, regular meeting of the Seward City Council
was called to order at 7:35 p.m. by Vice-Mayor Gillespie.
II. OPENING CEREMONY:
Councilmember Campbell led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Vice-Mayor Gillespie; Councilmembers Campbell
Leer and Soriano (Absent, with Council consent,
were Councilmembers Cripps, Hugli, Swartz)
Present also: City Manager Johnson, City Engineer Small and
Deputy City Clerk Ledet
IV. APPROVAL OF MINUTES:
It was moved by Campbell, seconded by Leer and unanimously carried
by all those present to approve the regular meeting minutes of August 25, 1980,
as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested the following item be deleted from the
regular meeting agenda:
XI. NEW BUSINESS:
B. Claim for Damages in the amount of $119.73 as submitted
on September 2, 1980, by Judith Ledet for vehicle damage
allegedly caused by sewer line cover on 3rd Avenue
Following discussion, it was moved by Campbell, seconded by Leer, and unani-
mously carried by all those present to approve the regular meeting agenda as
amended and the consent calendar as presented and the following actions were
taken:
1. August 29, 1980, telegram from Mayor Hugli to Dow Chemical USA,
was noted for information only.
2. August 7, 1980, Invoice No. 051075-2 from R & M Consultants, Inc.,
for Nash Road extension survey, design and construction manage-
ment relative to the 4th of July Creek Industrial Park
development, totaling $50,315.45, was approved for payment and
filed.
3. August 21, 1980, Invoice No. 6109-0058 from WESCO for equipment
for the Seward Electric System improvements (substation) totaling
$51,870 was approved for payment and filed.
VI. BOROUGH ASSEMBLY REPORT:
Councilmember Campbell gave a verbal report on the September 2, 1980,
Kenai Peninsula Borough Assembly meeting.
VII. PUBLIC HEARINGS:
A. Public hearing was opened on the proposed sale of Lot 4,
Block 9, Cliff Addition by the sealed bid process and "Notice of Public
Hearing" as posted and published in the local newspaper two times, was noted.
City Manager explained that the subject property was encroaching onto the
roadway and requested permission from the Council to replat the property by
taking 50' from the East boundary of Lot 4 - presently existing roadway.
He stated that the property had beenappraised at $1.10 per square foot, which
made the 1447.28 square feet the City wanted to keep as right-of-way worth
$1592. He suggested that any bid received be reduced by the $1592 amount
but that $800 be charged for survey fees, thereby reducing the bid/s by
a sum total of $792. Vice-Mayor Gillespie opened the only bid received from
CLIFF
ADDN:
(cont'd)
I
I
SEWAGE
TREATMENT/
ELECTRIC
DEPT:
SEWAGE
TREATMENT
ELECTRIC
IEPT:
4TH OF
JULY
CREEK
AREA:
PAGE 129
REGULAR MEETING - SEPTEMBER 8, 1980
VOLUME 19
VII.
PUBLIC HEARINGS:
(continued)
John Anderson III, dated August 18, 1980, and read the bid price of
$10,010. No one appeared in order to be heard and the public hearing was
closed. City Manager requested authority to negotiate the sale of the parcel
with sole bidder Anderson, taking into account the right-of-way encroachment.
Following discussion, it was moved by Soriano, seconded by Campbell and
unanimously carried by all those present to accept the bid based on the
administration's recommendations for the easement and deducting from the amount
of $10,010 the $792, making it $9,218.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
No one appeared from the audience in order to be heard.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions: None
X.
UNFINISHED BUSINESS:
None
XI.
NEW BUSINESS:
A. August 22, 1980, letter from Thomas Leong regarding the location
of a fish freezer plant in Seward was noted. City Manger stated that the
administration anticipated several requests for development and would turn
then over to a consulting firm which would in turn, advise which proposal would
be in the City's best interest. Gillespie, with Council consent, requested that
the administration write and ask Thomas Leong to make a presentation to Council
regarding the fish freezer plant.
XII.
CITY MANAGER REPORTS:
A. City Manager requested a change order for Brown Construction's
work on the sewage treatment project in order to move a sewer line from the
Seventh Avenue beach area to allow for development in the area should the
"high risk designation" be removed. The change order would also include the
removal and relocation of electrical lines. He stated that the change order
was for $42,000 and the City's cost would be $5,250, the balance to be paid'
from State and Federal funding. Following discussion, it was moved by Soriano,
seconded by Leer, and unanimously carried by all those present to accept the
bid from Brown Construction for $42,000 for removing the transmission lines
on the Seventh Avenue area and replacing the street lights on the opposite side
of the street so that the sewer line could be placed next to the street.
B. City Manager requested payment of Brown Construction's first
request for payment for $695,281.71, for the sewage treatment plant. He stated
that it would go to the EPA for approval before the City paid the bill.
Following discussion, it was moved by Soriano, seconded by Campbell and unani-
mously carried by all those present to authorize the administration to make
the payment of $695,281.71 to Brown Construction.
C. City Manager requested payment to Fischbach and Moore's Payment
Estimate No.4 in the amount of $217,859.18 for work relating to the electrical
system substation for the period August 18-31, 1980. It was moved by Campbell,
seconded by Soriano and unanimously carried by all those present to approve
Fischbach and Moore's $217,859.18 invoice.
D. City Manager requested payment of $54,047.34 to Century-Quadra for
the August 26, 1980, billing for services incurred on the 4th of July Creek
proj ect. He explained that the money would be reimbursed by the Department of
Transportation. In answer to a question from Gillespie, Small explained that the
City was receiving weekly progress reports from Century-Quadra and he felt the
information received was very useful and informative to potential developers. It
was moved by Soriano, seconded by Leer, and unanimously carried by all those
present to approve payment of $54,047.34 to Century-Quadra.
I '.i )
, 1 PAGE 130
REGULAR MEETING - SERTEMBER 8, 1980
VOLUME 19
XII. CITY MANAGER REPORTS: (continued)
HOSPITAL:
E. City Manager requested Council forgive the June 10, 1980,
City Invoice No. 11502 billed to Seward General Hospital in the amount of
$2,422.58, for the City administrative cost in preparing an energy grant application.
Following discussion, it was moved by Soriano, seconded by Leer and unanimously
carried by all those present to forgive Seward General Hospital the $2,422.58
as per Invoice No. 11502 from the City of Seward.
F. City Manager reported on various meetings with the Alaska
Railroad, Dow Chemical and VECO regarding industrial development in the
Seward area.
G. City Manager stated that he had been talking to Kent Dawson
who had been the lobbyist for the City during the 1980 legislative session
and he was putting together a proposal package for the coming 1981 legislative
session.
TERMINAL
ADDN:
H. City Manager requested authority for statements of qualifications
from consulting engineering firms for replatting and resubdividing of the
Terminal Addition. He stated that with all the proposed development in the
area the City should start thinking about additional housing. He further
stated that it would benefit the City because the revenue generated from
property sales would be used for upgrading the water system to accommodate
the additional housing. It was the general consensus of the Council that the
administration begin advertising for a consulting firm for the Terminal
Addition.
I, City Manager noted receipt of a proposed agreement for Sale of
Power between Chugach Electric Association and the City. He stated that the
10-year contract would have to approved by the City Council and CEA's
Board of Directors. Following discussion, City Manager stated the matter
would be discussed in more detail at the next Council meeting.
XIII.
COUNCIL DISCUSSION:
None
XIV. CITIZENS' DISCUSSION:
None
XV. ADJOURNMENT:
,~
was adjourned at 8:18 p.m.
{/
I
I
I
PAGE 131
REGULAR MEETING - SEPTEMBER 22, 1980
VOLUME 19
I.
CALL TO ORDER:
The September 22, 1980, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
III.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Cripps, Gillespie,
Leer, Soriano and Swartz (Absent, with Council
consent, was Councilmember Campbell)
Present also: City Manager Johnson, City Attorney Jarrell,
Administrative Assistant Schaefermeyer and
City Clerk Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Gillespie, seconded by Soriano and unanimously
carried by all those present to approve the regular meeting minutes of
September 8, 1980, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following additions be made to
the regular meeting agenda:
VIII. Citizens' Discussion: (With prior notice only)
A. Thomas Pindelski of Price Waterhouse and Company -
presentation of the audit reports for the City of
Seward for the fiscal year ending June 30, 1980
IX. Ordinances and Resolutions:
C. Resolutions:
1. Proposed Resolution No. 80-48, approving a
contract between the City of Seward and Chugach
Electric Association for the purchase of wholesale
electrical power
City Manager requested that the following additions be made to
the consent calendar:
3. September 19, 1980, bill from Hughes, Thorsness, Gantz,
Povell and Brundin for legal services rendered April -
September 1980 relative to Lewis vs. City of Seward,
in the amount of $935 - approve for payment and file
4. July 24, 1980, bill from Totem Ocean Trailer Express, Inc.
in the amount of $7,938.40, relative to the Electric System
improvement project - approve for payment and file
5. September 15, 1980, Invoice No. 10249 in the amount of
$7,344.45 and Invoice No. 10250 in the amount of $8,062.47
from CH2M Hill, for professional services performed relative
to the Electric System improvement project - approve for
payment and file
,/
6. September 22, 1980, invoice from Metco in the amount of
$27,000 billed as partial payment for work performed on
clearing the road right-of-way for access to the 4th of
July Creek area - approve for payment and file
.., r') J)
~ ,;, - ,
ELECTRIC
DEPT:
C ATTORNEY:
C ATTORNEY:
ELECTRIC
DEPT:
ELECTRIC
DEPT:
4TH OF JULY
CREEK AREA:
FINANCE
DEPT:
PAGE 132 REGULAR MEETING - SEPTEMBER 22, 1980 VOLUME 19
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
7. September 18, 1980, bill from First Southwest Company in
the amount of $6,487.47 for professional services rendered
relative to the $1,700,000 City of Seward GO bond issue,
Series 1980, for the Electric System improvement project -
approve for payment and file
It was moved by Cripps, seconded by Leer and unanimously
carried by all those present to hold an executive session regarding
personnel. Hugli, with Council consent, scheduled the executive session
to immediately follow "VIII. Citizens' Discussion".
Following discussion, it was moved by Swartz, seconded by Leer
and unanimously carried by all those present to approve the regular
meeting agenda and consent calendar as amended and the following actions
were taken:
1. Invoice No. DS-6l09-00057 from WESCO, dated June
30, 1980, in the amount of $10,774 for reclosers
for the Seward Electric System improvement project,
was approved for payment and filed.
2. Bill received September 17, 1980, from Ranald H.
Jarrell for legal services rendered during the month
of August, totaling $4,969.70, was approved for payment
and filed.
3. September 19, 1980, bill from Hughes, Thorsness, Gantz,
Powell and Brundin for legal services rendered from
April through September relative to Lewis vs. City of
Seward, in the amount of $935, was approved for payment
and filed.
4. July 24, 1980, bill from Totem Ocean Trailer Express, Inc.
in the amount of $7,938.40, relative to the Electric
System improvement project, was approved for payment and
filed.
5. September 15, 1980, Invoice No. 10249 in the amount of
$7,344.45 and Invoice No. 10250 in the amount of $8,062.47
from CH2M Hill for professional services performed relative
to the Electric System improvement project, was approved
for payment and filed.
6. September 22, 1980, Invoice No. 4941 from Metco in the
amount of $27,000, billed as partial payment for work
performed on the clearing of the access road right-of-way
to the 4th of July Creek area, was approved for payment
and filed.
7. September 18, 1980, bill from First Southwest Company in
the amount of $6,487.47 for professional services rendered
for the $1,700,000 City of Seward GO bond issue for the
Electric System improvement project, was approved for
payment and filed.
VI. BOROUGH ASSEMBLY REPORT:
None
VII. PUBLIC HEARINGS:
None
I
PAGE 133
REGULAR MEETING - SEPTEMBER 22, 1980
VOLUME 19
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
A. Thomas Pindelski of Price Waterhouse and Company appeared from the
audience and distributed "City of Seward Report to Management, September 5, 1980,"
and "City of Seward Financial Statements and Additional Information, June 30,
1980" and spoke and answered Council questions on the audit of the City's financial
records for the fiscal year ending June 30, 1980.
EXECUTIVE SESSION: Council recessed the regular meeting at 8:10 p.m. in
order to meet in executive session regarding a personnel
matter; the regular meeting reconvened at 8:27 p.m.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
LOC ORGS/ 1. Copies being made available to the public, Hugli noted
MARATHONby title only proposed ordinance regarding housing and urban development
ADDN/ powers relative to the senior citizens' housing project in the Marathon
ORDS: Additio~ entitled:
ORDS:
I
P&Z/
ORDS:
I
An Ordinance Regarding Housing and Urban
Development Powers, Repealing Ordinance
No. 475
City Manager commented that Ordinance No. 475 was necessary for the construction
of the ASHA-funded senior citizens' housing project and now that the project was
complete the ordinance could be repealed. It was moved by Soriano, seconded by
Swartz and unanimously carried by all those present to introduce proposed Ordinance
No. 490, with a public hearing scheduled for the meeting of October 27, 1980.
2. Copies being made available to the public, Hugli noted by
title only proposed ordinance regarding the amendment of that portion of the
City Code dealing with the administrative departments, entitled:
An Ordinance Relating to City Administrative
Departments, Repealing Article IV, Sections
2-47 Through 2-65, and Creating Sections 2.40.010
Through 2.40.560 of the Seward City Code
City Manager stated the proposed ordinance was the product of the administration's
continuing effort to revise and update the current City Code. He suggested that
the ordinance be introduced, scheduled for public hearing on October 27, and be
reviewed and discussed by the new Council at the October 13 meeting. Following
discussion, it was moved by Soriano, seconded by Leer and unanimously carried by
all those present to introduce proposed Ordinance No. 491, with a public hearing
scheduled for the meeting of October 27, 1980. Hugli directed the City Clerk
to schedule the ordinance for Council discussion at the regular meeting of
October 13.
3. Copies being made available to the public, Hugli noted by
title only proposed ordinance regarding the amendment of that portion of the
City Code dealing with the City Advisory Planning and Zoning Commission, entitled:
An Ordinance Relating to the Seward Advisory
Planning and Zoning Commission, Repealing
Article V, Sec. 2-66 Through 2-70 and Article
VI, Sec. 2-71 and 2-72, and Creating Sections
2.50.010 Through 2.50.040 of the Seward City
Code
City Manager suggested the proposed ordinance be handled in the same manner
as the previously-introduced ordinance. Following discussion, it was moved by
Soriano, seconded by Swartz and unanimously carried by all those present to
introduce proposed Ordinance No. 492, with a public hearing scheduled for the
meeting of October 27, 1980. Hugli directed the City Clerk to schedule the
ordinance for Council discussion at the regular meeting of October 13.
t I; ,~
J. ,')'."
PAGE 134
REGULAR MEETING - SEPTEMBER 22, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS: (cont'd)
A. Ordinances for Introduction: (cont'd)
ORDS:
4. Copies being made available to the public, Hugli noted by
title only proposed ordinance regarding the amendment of that portion of the
City Code dealing with ordinances and resolutions, entitled:
An Ordinance Relating to Legislative
Action, Repealing Article VII, Sections
2-73 Through 2-80, and Creating Sections
2.60.010 Through 2.60.090 of the Seward
City Code
City Manager commented that the proposed ordinance amended the procedure whereby
ordinances and resolutions were adopted by Council. He urged the Council to
review the provisions of the proposed ordinance closely. Following discussion,
it was moved by Soriano, seconded by Leer and unanimously carried by all those
present to introduce proposed Ordinance No. 493, with a public hearing scheduled
for the meeting of October 27, 1980. Hugli directed the City Clerk to schedule
the ordinance for Council review at the regular meeting of October 13.
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
ELECTRIC 1. Copies being made available to the public and distributed to
DEPT/ Council, Hugli read by title only proposed resolution approving an agreement between
RES: the City and Chugach Electric Association (CEA) for the City's purchase of wholesale
power, entitled:
A Resolution Approving the Power Sales
Contract Between the City of Seward and
Chugach Electric Association
City Manager referred Council to item A. of "X. Unfinished Business" which was
a draft copy of the "Agreement for the Sale of Wholesale Power" between the City
and CEA. He stated the City administration was pleased with the provisions of
the contract and urged Council approval. In answer to a question from Leer,
City Engineer and Utilities Manager Tom Small appeared from the audience and
confirmed that the contract did not bind the City to purchase power solely from
CEA. Hugli praised the administration's efforts, stating that when City Manager
Johnson had been hired there had been a list of 91 items which the previous
administration had not completed. He stated the consummation of a contract
with CEA was the last item on the list and all were now complete. Following
discussion, it was moved by Swartz, seconded by Soriano and unanimously carried
by all those present to approve Resolution No. 80-48.
X.
UNFINISHED BUSINESS:
A. See IX. C. 1. above.
XI.
NEW BUSINESS:
HARBOR: A. "Land Lease Between City of Seward and The United States
of America" for the lease of approximately 7500 square feet in the Small
Boat Harbor area for the Coast Guard dispatch building, was noted. City
Manager commented that the requested lease was a renewal of an existing
lease document, with a rental rate increase to $1,500 per year and, if
approved, the lease would extend to September 30, 1984. Gillespie spoke
in support of the Coast Guard base in Seward and requested the City
administration discuss the possibility of the Coast Guard providing
personnel housing in the Seward area. Following discussion, it was
moved by Soriano, seconded by Swartz and unanimously carried by all
those present to extend the lease.
'.
PAGE 135
REGULAR MEETING - SEPTEMBER 22, 1980
VOLUME 19
XII.
CITY MANAGER REPORTS:
LEG REPS: A. City Manager requested permission to enter into a contract
with Kent Dawson of Dawson and Associates, lobbyists. He stated the
firm had done an excellent job for the City during the 1980 legislative
session and he wished to engage Dawson for the 1981 session, as well as
pre-session work, at a total contract price of $52,000. Gillespie
questioned why the firm would have to be hired prior to the convening of
I the Legislature in January of 1981. In answer, City Manager stated that
all the State departments were currently preparing their budgets for
presentation to the Legislature and the Governor, and now was the time
lobbyists made sure funds were allocated for their clients. City
Manager confirmed that City funds were available in the Mayor and Council
contingency fund for the lobbyist contract. Following discussion, it
was moved by Soriano, seconded by Swartz and unanimously carried by all
those present to authorize the City Manager to enter into a contract
with Dawson and Associates for lobbying on behalf of the City of Seward,
in an amount not to exceed $52,000.
JESSE LEE HOME: B. City Manager distributed letter dated September 19, 1980,
from Seward Elks Lodge No. 1773, proposing to acquire Jesse Lee Home
from the City, at a nominal price, for the location of its fraternal
lodge. In answer to a question from Cripps, City Manager confirmed the
administration had not received any additional information from the
Seward Council on Alcoholism and Community Services regarding its earlier
proposal to locate a summer college at the site. He stated the City
Council had appointed a committee to review the matter and present a
recommendation on whether the site should be sold or if the buildings
should be razed and the land sold for residential use; however, the
committee had never held a meeting in order to carry out its task. City
Engineer Tom Small appeared from the audience and stated the City might
wish to hire an architect to assess the structure regarding its ability
to be remodelled to meet existing building and fire codes. Following
I discussion, Hugli, with Council consent, stated the matter should be a
priority item for the new Council and directed the City Clerk to place
the item on a Council agenda once the new members had been seated.
4TH OF
CREEK
AREA/
A R R:
JULY C. City Manager distributed and read in full letter dated
September 16, 1980, from F. H. Jones, General Manager of the Alaska
Railroad, regarding plans for the exportation of coal through the Port
of Seward. Letter dated September 16, 1980, as received from Lewis
Novasio, President of the Montana Resource Development Corporation,
relative to the Corporation's negotiations with The Alaska Railroad for
a coal export operation based in Seward, was also noted. City Manager
reported that a temporary export facility would be constructed at this
time but plans were being formulated for the location of a permanent
facility at the 4th of July Creek industrial park. He remarked that Mr.
Novasio had requested 150 acres of land be made available for the export
operation, which would include a dock, fuel loading facility, tank farm
and railroad spur, for the anticipated exportation of four to six million
tons of coal per year.
I
City Manager directed the Council's attention to a map of
the 4th of July Creek area and referred to the map in locating the City
land which would be available for industrial development. He stated
that the creek would have to be moved slightly to the south and kept
confined by means of a dike system. He suggested that the City's southern
parcel would be where VECO would choose to locate and the northerly
parcel, containing approximately 80 acres, be made available to The
Alaska Railroad and the Montana Resource Development Corporation. He
reported that Mr. Novasio had requested Council make a commitment to
make the land available for the export facility and further suggested
that Council consider granting the parcel with a lease which contained
an incentive rate such as that considered with VECO.
COUNCILMEMBER SORIANO DEPARTED THE MEETING AT 9:15 P.M.
1 .J'"
. ~ f)
PAGE 136
REGULAR MEETING - SEPTEMBER 22, 1980
VOLUME 19
XII.
CITY MANAGER REPORTS: (cont'd)
4TH OF
JULY
CREEK
AREA!
A R R:
(cont'd)
Gillespie spoke against granting an incentive to every
industry which wished to locate in the 4th of July Creek area and stated
that only the first major industry to locate in the area should be
granted a low rental rate. Following discussion, it was moved by Swartz,
seconded by Leer and unanimously carried by all those present that the
City Council will make available to the Montana Resource Development
Corporation acreage not to exceed 80 acres; and, further, will lend all
their assistance in negotiating with the Montana Resource Development
Corporation and adjoining land owners for additional acreage, with an
incentive included at $1 per year for 10 years and then a rental rate
based on fair market value.
N HARBOR SUB: D. City Manager dist.ributed letter dated September 22, 1980,
which he had written in response to a letter received August 19, 1980,
from Mr. J.C. Torgerson in which Mr. Torgerson had addressed numerous
issues regarding his property in the North Harbor Subdivision which was
adjacent to City land and had asked if the City was interested in purchasing
Lot 1, Block 1, and Lot 1, Block 2, North Harbor Subdivision. Following
discussion, City Manager stated he would contact Mr. Torgerson and ask
at what price he would offer the lots for sale.
ELECTRIC
DEPT:
E. City Manager requested permission to contract for the use
of a hydroax and operator for clearing the City right-of-ways. He
stated the expense, estimated not to exceed $9,000, was a justifiable
expenditure of the electrical utility. Following discussion, it was
moved by Swartz, seconded by Cripps and unanimously carried by all those
present that the hydroax be leased, with an operator, not to exceed
$9,000 from the electric utility budget.
F. City Manager reported that if there were no objections he
would be traveling to Everett, Washington, on September 25 and 26 in
order to see the dry harbor which is similar to the facility proposed
for Seward.
G. City Manager reported that a "Meet the Candidates" night
had been scheduled at 7:30 p.m. on Tuesday, September 30, 1980, to be
held at the high school cafeteria.
XIII.
COUNCIL DISCUSSION:
C COUNCIL: A. City Clerk requested Council schedule a date and time for the
canvass of the October 7 municipal election. Following discussion, Hugli,
with Council consent, scheduled the special Council meeting for the canvass
of the election on Wednesday, October 8, 1980, commencing at 4:00 p.m.
B. In answer to an inquiry from Swartz, City Manager confirmed
he would get a price estimate on the installation of lights in the alleys.
C. In response to an inquiry from Gillespie, City Attorney spoke
and answered Council questions on including a provision in City contracts
which would require successful bidders to hire from the local work force.
City Attorney stated there were serious legal problems with such a local
hire contract clause.
XIV.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be heard.
XV.
adjourned at 10:03 p.m.
!~
, ' --V\ '> _.
RaymOnd'j" 'Hugh
Mayor \
, 1~
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, ,"\.
i~ L
)
I
ELECTIONS/
C COUNCIL:
I
I
PAGE 137
SPECIAL MEETING - OCTOBER 8, 1980
VOLUME 19
I.
CALL TO ORDER:
The October 8, 1980, special meeting of the Seward City Council was
called to order at 4:00 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Hugli, Councilmembers Cripps, Gillespie, Soriano
and *Swartz (Absent, with Council consent, were Campbell
and Leer)
Present also: City Manager Johnson, City Clerk Shanley and Deputy
City Clerk Ledet
IV.
CANVASS OF OCTOBER 7, 1980, REGULAR ELECTION AND DECLARATION OF RESULTS:
City Clerk distributed a tally of the unofficial results of the
October 7, 1980, Regular City Election, read the total number of votes cast
for each Council candidate, and confirmed that 477 ballots had been cast
with 471 being counted by the election boards; the remaining ballots were
questioned ballots to be considered by the Canvass Board.
The Clerk displayed the poll books and tally sheets for Seward
Precinct No. 1 and 2 for review by the Board.
*COUNCILMEMBER SWARTZ ARRIVED AT THIS TIME AND HEREAFTER TOOK PART IN THE MEETING.
The Clerk distributed a list bearing the names of those individuals
casting questioned ballots on Election Day. She recommended that the questioned
ballots of James W. Allen, Bob E. Lloyd, Virginia Randazzo and Mitchell B.
Seavey, as cast in Seward Precinct No.1, be rejected. She confirmed that
Lloyd and Seavey were registered voters in other voting precincts but had not
filed the required change of address card in order to have their names listed
as registered voters in the Seward precinct. She stated James Allen and Virginia
Randazzo had certified to the fact that although they were registered voters
in the Seward precinct they had been living in the Bear Creek precinct. The
questioned ballots cast in Seward Precinct No. 2 by Gary B. Jones and Linda H.
Jones were recommended rejected because the Clerk stated that neither was listed
as a registered voter in the State of Alaska. Following discussion, it was
moved by Gillespie, seconded by Cripps and unanimously carried by all those
present to accept the City Clerk's recommendations on the questioned ballots
(reject all six ballots).
The Clerk distributed a list bearing the names of the 32 electors
who had requested absentee ballots. She stated the ballots issued to Margaret
D. Lechner of Seward Precinct No. 1 and David W. Gale of Seward Precinct No. 2
had not been returned in time for the canvass. She reported that Seward Precinct
No. 2 registered voters Celeste A. Thorne and Kelly Rae Lake had requested
absentee ballots; however their mailed requests had not been received by the
Clerk's office prior to the September 30 deadline and ballots had not been
issued to the two requesting voters. The Clerk confirmed that the 30 absentee
ballots that were in her possession appeared to be in order and recommended that
all be accepted for counting by the Canvass Board. Following discussion, it
was moved by Swartz, seconded by Cripps and unanimously carried by all those
present to count the 30 absentee ballots. The absentee ballots as cast by the
following electors were removed from their outer envelopes, shuffled, removed
from the blank white inner envelopes and read aloud by Hugli with Soriano
observing and Gillespie and Cripps conducting the tally:
! ','V
'. \,'
ELECTIONS/
C COUNCIL:
(cont'd)
Write-ins
PAGE 138
SPECIAL MEETING - OCTOBER 8, 1980
VOLUME 19
IV. CANVASS OF OCTOBER 7, 1980, REGULAR ELECTION AND DECLARATION OF RESULTS:
(cont'd)
Precinct No. 1
ANDERSON, Molly J.
CHRISTIANSEN, Judith A.
CROWLEY, Robert T.
GILLESPIE, Thomas W.
LANDENBURGER, Eric L.
LEWIS, Ronnie L.
LOWMAN, Richard A.
MAl, Donald L.
MAYS, Mildred E.
McANERNEY, W. Lee
McCABE, Joanne M.
McCABE, Robert J.
VANEK, Frank J.
ZENTMIRE, Delmar R.
ZENTMIRE, Richalyn J.
Precinct No. 2
BOTTCHER, Ethel C.
DUNHAM, Beverly C.
HODSON, Frances C.
HODSON, Neville F.
LEE, Linda S.
McHENRY, Ruth E.
MEEHAN, Michael J.
MORGAN, Jacquelyn J.
PAUL, Judy M.
PAUL, Augustus John III
SEATER, Elwood
SEFTON, James L.
STANDAFER, Arlene M.
STANDAFER, Stanley
VIRCHOW, Jerry L.
The totals of the absentee ballots were added to the totals of those ballots
cast and counted on October 7 by the election boards. The City Clerk read
the results of the combined totals as follows and it was moved by Gillespie,
seconded by Cripps and unanimously carried by all those present to approve
the totals, declaring the election of Charles H. Soriano, William C. Vincent
and Karen A. Swartz to the City Council:
CITY COUNCIL
Two Year Term
(Three to be Elected)
CHARLES H. SORIANO
WILLIAM C. VINCENT
KAREN A SWARTZ
Pat O'Brien
Lorna Lohse
Mary F. Lewis
Thomas G. Reese
Floyd Ainsworth
Boots Anderson
Sam Banic
Carol Benoit
Gary Horrell
Bernard Hulm
Robert Valdatta
Loyd Welch
TOTAL BALLOTS CAST
TOTAL BALLOTS COUNTED
V.
ADJOURNMENT:
PRECINCT
NO. 1
94
83
79
65
36
45
38
1
1
1
167
163
PRECINCT
NO. 2
ABSENTEE
TOTALS
186
148
149
123
88
69
68
1
12
16
16
21
7
9
3
292
247
244
209
131
123
109
1
1
2
1
1
1
3
1
1
1
1
1
2
1
310
308
30
30
507
501
The eeting was adjourned at 4:30 p.m.
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PAGE 139
REGULAR XEETING - OCTOBER 13, 1980
VOLUME 19
1.
CALL TO ORDER:
The October 13, 1980, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Hugli.
II.
OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were: Mayor Hugli; Councilmembers Cripps, Gillespie,
Soriano and Swartz (Absent were Councilmembers
Campbell and Leer)
Present also: City Manager Johnson, City Attorney Jarrell,
Administrative Assistant Schaefermeyer and
City Clerk Shanley
IV.
APPROVAL OF MINUTES:
It was moved by Soriano, seconded by Swartz and unanimously
carried by all those present to approve as written the regular meeting
minutes of September 22, 1980, and the special meeting minutes of
October 8, 1980.
V. SEATING OF NEWLY-ELECTED COUNCILMEMBERS:
Newly-elected Councilmembers Charles H. Soriano, Karen A. Swartz
and William C. Vincent appeared, took the oath of office as administered
by the City Clerk, were handed "Certificates of Election" by the Mayor,
took their seats on the dais and hereafter took part in the meeting.
VI.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following items be withdrawn
from the regular meeting agenda:
X. Ordinances and Resolutions:
A. Ordinances for Introduction:
1. Proposed Ordinance No. 494 relating to the
regulation of the Port of Seward
XIII. City Manager Reports:
A. Fourth Avenue Dock License Agreement
City Manager requested that the following item be added to
the regular meeting agenda:
X. Ordinances and Resolutions:
C. Resolutions:
1. Proposed Resolution No. 80-49, accepting a
State Grant to extend the City sewer system to the
Alaska Skill Center building on the Seward Highway
Following discussion, it was moved by Soriano, seconded by Vincent and
unanimously carried by all those present to approve the regular meeting
agenda as amended and the consent calendar as presented and the following
actions were taken:
l.
September 25, 1980, Invoice in the amount of $14,560.69
from Price Waterhouse and Company in connection with the
1979-80 audit of the City's books, was approved for pay-
ment and filed.
2. September 1980, letter from the Seward Chamber of Commerce,
expressing gratitude for the City's assistance with the
Seward Silver Salmon Derby events, was noted for information
only.
.;0
PAGE 140 REGULAR MEETING - OCTOBER 13, 1980 VOLUME 19
VI. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
SEWAGE TREATMENT: 3. Invoice No. 04080 from Arctic Environmental Engineers
dated July 14, 1980, in the amount of $1,871.95 in con-
nection with the sewage treatment project, was approved
for payment and filed.
LAUBNER ADDN:
4. September 16, 1980, Invoice No. 7548 from Appraisal Company
of Alaska in the amount of $550 for the appraisal of City-
owned Lots 22 and 23, Block 10, Laubner Addition, was
approved for payment and filed.
VII. BOROUGH ASSEMBLY REPORT: None
VIII.
PUBLIC HEARINGS:
HARBOR: A. Public hearing was opened on the proposed lease of approximately
7,500 square feet of City-owned land in the Small Boat Harbor area on which is
located the U.S. Coast Guard dispatch building, and "Notice of Public Hearing"
as posted and published two times in the local newspaper, was noted. Hugli
stated that the only difference between the proposed lease, to extend through
September 30, 1984, and the current lease, which expires September 30, 1980,
was the increase in the yearly rental rate from $825 to $1,500, based on a
fair-market value appraisal as conducted at the City's request. No one
appeared from the audience in order to be heard and the public hearing was
closed. Hugli directed the City Clerk to prepare a resolution approving the
lease for Council review at the October 27 meeting.
IX. CITIZENS' DISCUSSION: (With prior notice only)
No one appeared from the audience at this time in order to be
heard.
X.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. (Although Council made a motion to introduce proposed
Ordinance No. 494 relating to the regulation of the Port of Seward, the
motion was administratively withdrawn pursuant to the provisions of Sec.
2-78 of the Seward City Code which states that an ordinance which has
been introduced must be made available to the public. The proposed
ordinance was not yet in final form and not available for distribution
to the Councilor the public at the meeting; therefore, should not have
been introduced.)
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
SEWAGE 1. Copies being distributed to Council and made available
TREATMENT/to the public, Hugli noted by title only proposed resolution regarding
SCHOOLS/ the extension of the City sewer system to the Alaska Skill Center shop
RES: buildings located on the Seward Highway in the industrial area, entitled:
A Resolution Accepting the Alaska State
Grant to Connect the Alaska Skill Center
Mechanical Shops With the City Sewer
System
City Manager reported the resolution would authorize him to accept a
grant in the amount of $65,300 from the Alaska Department of Environmental
Conservation to connect the Skill Center shop buildings to the City
sewer system. He stated the Skill Center had requested that the remaining
balance of the cost of the hook-up be amortized over a four-year period.
Following discussion, it was moved by Soriano, seconded by Swartz and
unanimously carried by all those present to approve Resolution No. 80-49.
I
I
I
LAUBNER
ADDN:
N HARBOR
SUB:
PAGE 141
REGULAR MEETING - OCTOBER 13, 1980
VOLUME 19
XI.
UNFINISHED BUSINESS:
A. September 11, 1980, appraisal report on Lots 22 and 23,
Block 10, Laubner Addition, as prepared by Appraisal Company of Alaska,
and request for purchase of the property as received from Judge Ralph
Moody, was noted. City Manager confirmed that the City would want to
list both 30-foot lots as one parcel if they were to be sold. Gillespie
referenced the price of the letter-of-opinion appraisal and stated it
appeared high and the City might do well with future appraisals to look
to other firms. Following discussion, it was moved by Hugli, seconded
by Gillespie and unanimously carried by all those present to advertise
the two lots for sale by the sealed bid process with minimum bids set at
$7,500.
B. October 2, 1980, letter from J.C. Torgerson, offering for
purchase by the City Lot 1, Block 1, and Lot 1, Block 2, North Harbor
Subdivision, at a total price of $115,000, was noted. Gillespie queried
the City Manager as to whether, in his opinion, it was in the best
interests of the City to purchase the Torgerson property. City Manager
responded by stating that he had mixed feelings on the issue because he
felt as much land as possible should be in private hands and on the tax
rolls. Further, he questioned where the Council would amend the City
budget in order to make available the monies necessary to purchase the
property. Gillespie stated that although the southern parcel (Lot 1,
Block 1) might be of some benefit to the City, especially if plans
proceeded to extend 4th Avenue north through the harbor area to connect
with Airport Road, he felt the northern parcel (Lot 1, Block 2) would
not be of any use to the City. Gillespie and Cripps voiced the opinion
that the City should not purchase any land unless there was a definite
need and use for the property. It was moved by Swartz, seconded by
Vincent, but later withdrawn, to order a fair-market value appraisal
of the two parcels. Gillespie stated the City should not waste money
on an appraisal of the property unless the Council agreed there was a
need to purchase the land. Following discussion, Gillespie, with Council
consent, stated the matter should be tabled until a compelling need for
the land became apparent; and a letter to that effect should be directed
to Mr. Torgerson, informing him that the City might be interested in the
property at a future date.
XII.
NEW BUSINESS:
INSURANCE/ A. Letter received October 7, 1980, from the Resurrection Bay
PKS & Lions Club, requested City liability insurance coverage for the Club's
REC: work on the tot lots, was noted. City Manager stated he supported the
Lions Club request and urged Council to approve the request. Following
discussion, it was moved by Swartz, seconded by Soriano and unanimously
carried by all those present to authorize the City Manager to contact
the City's insurance carrier to put a rider on the City insurance policy
to cover the Lions Club work on the tot lots.
4TH OF
CREEK
AREA:
JULY B. September 9, 1980, letter from James McCollum, legal counsel
representing the Noyes regarding the City's condemnation of a portion
of the Noyes property for the 4th of July Creek area access road, was
noted. City Manager stated the Noyes were requesting the City pay
for another appraisal of their property. He stated the City had already
paid for one fair-market value appraisal of the property and did not
feel there was an obligation to order another. City Attorney stated
that he did not sense that even if the City did proceed with acquiring
another appraisal that the issue between Mr. and Mrs. Noyes and the
City would be resolved. Hugli, with Council consent, stated he concurred
with the City Manager's recommendation that the City deny the request
for another appraisal of the subject property.
XIII.
CITY MANAGER REPORTS:
A. Discussion of the Fourth Avenue Dock License Agreement
was postponed to a later date.
I .J '!
PAGE 142
REGULAR MEETING - OCTOBER 13, 1980
VOLUME 19
XIII.
CITY MANAGER REPORTS: (cont'd)
TERMINAL
ADDN:
B. City Manager reported that all six firms which the City
had solicited for Statements of Qualifications for the design of the
replat of the Terminal Addition had responded in a timely manner and he
had distributed the reports to the Councilmembers the previous week in
order to allow time for them to review the six proposals:
Arctic Environmental Engineers
Century-Quadra
Dickinson, Oswald, Walch, Lee Engineers (DOWL)
R & M Consultants, Inc.
Trans-Alaska Engineering
URS Company
He stated that in his opinion the Statements of Qualifications as sub-
mitted by Arctic Environmental Engineers (AEE) and Century-Quadra were
outstanding and requested Council select a firm and authorize him to
proceed with the negotiation of a price figure and scope of work on the
project. He displayed various conceptual drawings of the proposed subdivision
replat, taking into consideration the land contours. Gillespie suggested
the Councilmembers each list their three top choices, the results be
compiled, and then a final selection be made from the top three firms.
The Councilmembers cast their preferences, the City Clerk tallied the
votes and declared that AEE and Century-Quadra had tied as the two top
firms with six votes each and Trans-Alaska Engineering had received four
votes. Hugli requested the City Engineer voice his opinion on the
various firms. Tom Small appeared from the audience and stated that
although all three of the firms selected by the Council were qualified
to do the job, he would list Century-Quadra as his top choice. Following
discussion, the Councilmembers listed their first choice on paper and
the City Clerk tallied the votes and declared that Century-Quadra had
received three votes, Trans-Alaska Engineering had received two votes
and one Councilmember had chosen not to vote. It was moved by Soriano
and seconded by Hugli that the City Manager be given the authority to
negotiate with Century-Quadra in reference to the Terminal Addition
replat. Cripps stated that since one Councilmember present did not vote
and one Councilmember was absent it might be wise to table the issue
until the next Council meeting. Soriano stated he would not withdraw
his motion and the motion carried as follows:
Ayes:
Noes:
Absent:
Gillespie, Hugli, Soriano, Swartz and Vincent
Cripps
Campbell
ABCB:
C. City Manager stated the City had received correspondence
from the State Alcoholic Beverage Control Board relative to the City's
earlier protest of the liquor license renewal for the Flamingo Lounge
due to delinquent property taxes and past-due utility bills. He stated
Council needed to reaffirm their protest against the issuance of a
liquor license. Following discussion, it was moved by Soriano, seconded
by Hugli and unanimously carried by all those present to protest issuance
of a liquor license to the Flamingo Lounge on the basis of non-payment
of property taxes and utility charges.
D. City Manager reported that representatives of Century-
Quadra would be in Seward on Wednesday, October 15, in order to discuss
with Council the draft of the master plan for the 4th of July Creek
marine industrial center. He requested the Councilmembers be available
to meet with the firm from 11:30 a.m. to 1:30 p.m.
E. City Manager reported that the City had held a surplus
property sale and had realized revenue in excess of $3,800 from the
sale.
PAGE 143
REGULAR MEETING - OCTOBER 13, 1980
VOLUME 19
XIII.
CITY MANAGER REPORTS: (cont'd)
JESSE LEE
HOME:
F. City Manager reported that the City had still not received
an acceptable proposal on the renovation of Jesse Lee Home and suggested
that he be allowed to investigate the feasibility of converting the
historial site into a community center. Following discussion, City
Manager, with Council consent, requested he be authorized to consult
with an architect regarding the feasibility of renovating the existing
structure.
ITH OF
CREEK
AREA:
JULY G. City Manager reported that the 4th of July Creek area
access road construction was on schedule and the City had finally received
the required wetlands permit for the extension of Nash Road to the
proposed marine industrial center. He stated he had received numerous
requests that construction of a bike path be included in the plans for
the access road. Following discussion, it was moved by Gillespie, seconded
by Cripps and carried as follows that the City would proceed with the
access road construction without plans for a bike path:
Ayes:
Noes:
Absent:
Cripps, Gillespie, Hugli, and Vincent
Soriano and Swartz
Campbell
4TH OF
CREEK
AREA:
JULY H. City Manager displayed a conceptual drawing of the coal
facility proposed to be located at the 4th of July Creek industrial
park. He recommended two or three Councilmembers be designated to visit
a coal facility in the Lower 48 in order to become more aware of the
impact such a facility would have on Seward. Further, he suggested that
a visit to a coal facility be combined with a trip to view a coal-fired
power plant and a dry marina. Following discussion, Hugli asked that
the Councilmembers think about such a trip and directed the City Clerk
to schedule the item for discussion at the October 27 Council meeting.
I
I. City Manager reported that the Alaska Municipal League
annual meeting was scheduled for November 12-15 in Fairbanks and asked
those members who planned on attending to contact the City Clerk so the
proper arrangements could be made.
XIV.
COUNCIL DISCUSSION:
A. The draft of proposed Ordinance Nos. 491, 492 and 493,
revising a portion of Seward City Code Chapter 2 (City departments,
Planning and Zoning Commission, and ordinance and resolution procedures),
and City Clerk's memo regarding the proposed amendments, was noted. City
Clerk called the Council's attention to the substantive changes as
proposed in the draft ordinances and requested the Councilmembers thoroughly
review the drafts prior to the public hearing and scheduled vote for
enactment of the ordinances at the Council meeting of October 27.
B. Attendance at Municipal League November 10-15 at Fairbanks
was discussed under XIII. I.
I
C. Swartz voiced concern that the dump road was receiving
increased use by heavy vehicles and this posed a danger because all the
traffic had to pass through the residential area of Forest Acres. She
requested that the City Manager investigate the possibility of having a
road running from the Seward Highway north of the Forest Acres Subdivision
for use by dump traffic. City Manager stated there might be a problem
with such a plan due to wetland areas in the vicinity but he stated he
would investigate the matter.
D. Swartz asked that the City administration be thinking
about again flooding an area for ice skating during the upcoming winter
months.
E. In answer to a question from Swartz, City Engineer Small
stated he had not yet compiled figures on the lighting of the alleys.
l.t4
PAGE 144
REGULAR MEETING - OCTOBER 13, 1980
VOLUME 19
XIV.
COUNCIL DISCUSSION: (cont'd)
F. Gillespie reported that at a previous Seward Chamber of
Commerce meeting a representative of the Anchorage Chamber had been in
attendance and had discussed a plan whereby Anchorage would apply for
designation as a "free trade zone" and other communities throughout
Alaska, including Seward, would be designated as "sub-chapters" of the
Anchorage zone. Gillespie referred to the fact that Seward already had
a custom-bonded warehouse which appeared to be the first step in the
process for being designated as a "free trade zone" and he stated the
City should investigate the matter further and should be aware of what
the difference was between a custom-bonded warehouse and a free trade
zone.
G. Gillespie reported on a tax repeal bill which apparently
was being considered by the State which would authorize the expenditure
of State funds to reimburse municipalities if local governments repealed
the real property tax on an individual's prime residence. He stated
that although on the surface the tax repeal measure looked favorable, it
would have the effect of penalizing municipalities like Seward which had
been frugal in their expenditures and had kept the property tax rates
low.
H. In answer to a question from Soriano, City Engineer Small
stated street lights would be installed along 7th Avenue as soon as the
materials arrived.
I. Cripps reported that over the weekend the Seward Volunteer
Ambulance Corps was called upon to assist with a medical emergency
located outside the City limits. He stated that armed weapons were
involved in the incident and when the Corps members arrived there were
no law enforcement officers at the scene. He stated that although he
understood areas of jurisdiction, some type of agreement should be
reached between the Alaska State Troopers and the Seward Police Department
whereby whichever agency could respond in the most timely manner would
do so and, thereby, provide protection for those people who were trying
to provide a humanitarian service. Seward Police Chief Bencardino
appeared from the audience and stated that although the State Troopers
had a man located at Mile 7, close to the scene of the incident, he was
not sent out due to the fact that he would have received overtime for
the call-out. City Manager commented that in the past whenever the City
tried to assist and did respond to such emergencies, severe criticism
had been leveled against the City for interfering with events and people
outside its jurisdiction. Following lengthy discussion, Bencardino urged
the Ambulance Corps to direct a letter of complaint to Capt. Swackhammer
of the Alaska State Troopers, Soldotna. Hugli directed the City Clerk
to also direct a letter to Capt. Swackhammer on behalf of the City
Council.
J. In answer to a question from Swartz, Dave Williams of
Arctic Environmental Engineers appeared from the audience and gave a
verbal status report of the City sewer project.
K.
gave a verbal
project.
In answer to a question from Hugli, City Engineer Small
report on the status of the electric system improvement
xv.
CITIZENS' DISCUSSION:
A. Bob Valdatta appeared from the audience and urged the
Council to consider purchasing Lot 1, Block 2, North Harbor Subdivision
from Mr. Torgerson in order to increase the width of the intersection of
Airport Road and the Seward Highway so semi-trucks could safely make a
right-hand turn onto the Seward Highway. Further, Valdatta spoke on the
need for a Port Commission and designation as a "foreign trade zone".
Hugli confirmed that the difference between a custom-bonded warehouse
and a foreign trade zone would be discussed at the October 27 Council
meeting.
I
I
I
.} :)
PAGE 145
REGULAR MEETING - OCTOBER 13, 1980
VOLUME 19
XV. CITIZENS' DISCUSSION: (cont'd)
B. Willard Dunham appeared from the audience and spoke on the
existence of an alternate route to the dump without having to go through
the residential area of Forest Acres. He stated most of the old road
had been eroded by Resurrection River but repair might be considered by
the City. Further, Dunham referred to Cripps' report on the Ambulance
Corps incident the past weekend and spoke on past incidents where the
State Troopers had not responded in the proper manner. He urged the
Corps and the City Council to direct a strong letter of complaint to the
Troopers.
XVI. ADJOURNMENT:
~meeting was adjourned at 9:36 p.m.
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PAGE 145
REGULAR MEETING - OCTOBER 27, 1980
VOLUME 19
1.
CALL TO ORDER:
The October 27, 1980, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Campbell led the pledge of allegiance to the
flag.
II I. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps,
Gillespie, Soriano and Vincent (Absent, with
Council consent, was Swartz)
Present also: City Manager Johnson, City Attorney Jarrell
and City Clerk Shanley
IV. APPROVAL OF MINUTES:
It was moved by Soriano, seconded by Vincent and unanimously
carried by all those present to approve the regular meeting minutes of
October 13, 1980, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following item be added to the
consent calendar:
3. Statement received October 27, 1980, from Ranald
H. Jarrell, in the amount of $2,273.75, for legal
services rendered in September 1980 - approve for
payment and file
City Manager requested that the following changes be made in
the regular meeting agenda:
1. t r,
PAGE 146
REGULAR MEETING - OCTOBER 27, 1980
VOLUME 19
.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
Add:
VIII. Citizens' Discussion: (With prior notice only)
A. Don Horick
Delete:
IX. Ordinances and Resolutions:
A. Ordinances for Introduction:
1. Proposed Ordinance No. 494 relating to the
regulation of the Port of Seward
Following discussion, it was moved by Campbell, seconded by Cripps and
unanimously carried by all those present to approve the consent calendar
and regular meeting agenda as amended and the following actions were
taken:
C ATTORNEY:
1. September 30, 1980, invoice from Cranston, Walters
and Dahl for legal services rendered, totaling
$288, was approved for payment and filed.
ELECTRIC DEPT:
2. The following invoices as received from CH2M Hill
for work on the Seward electric system, were
approved for payment and filed:
Invoice No.
Date
Amount
10264
10267
10/15/80
10/15/80
$7,073.93
6,264.18
C ATTORNEY:
3. Statement received October 27, 1980, from Ranald H.
Jarrell, in the amount of $2,273.75, for legal
services rendered in September 1980, was approved
for payment and filed.
VI.
BOROUGH ASSEMBLY REPORT:
Campbell gave a verbal report on the Kenai Peninsula Borough
Assembly meeting of October 14, 1980. He stated his seat on the Assembly
had been filled by Darryl Schaefermeyer, as elected October 7. He
commented that in consideration of the new districts formed due to
Borough reapportionment, the Assembly representatives would have a
larger area to represent.
VII.
PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
A. Don Horick, a resident of Glacier View, the senior citizens'
housing project located in the Marathon Addition, appeared from the
audience and stated he understood the hospital board was discussing a
proposal to remove the trees and shrubbery located between the driveway
to Glacier View and the clinic. He spoke against such a proposal,
stating that the greenery provided a sound as well as a visual barrier;
and, although the trees were not large, it would take many years to
replace them. In answer to a question from Hugli, City Manager stated
the parcel in question was owned by the City and he had not been aware
of any discussions to remove the shrubbery on the lot. Campbell, Seward
General Hospital administrator, stated that the hospital board had not
addressed the issue but he would keep Mr. Horick's comments in mind if
the issue did arise. Ray Burgess, President of the Lions Club, appeared
from the audience and stated that some seniors had contacted the Club,
requesting that the brush be cleared so residents of the lower level of
Glacier View would have a view of the Bay.
LOC ORGS/
ORDS:
I
PERSONNEL/
ORDS:
I
P & Z/
ORDS:
lORDS:
14i
PAGE 147
REGULAR MEETING - OCTOBER 27, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment:
1. Copies being made available to the public, Hugli noted
by title only proposed ordinance regarding housing and urban development
powers, entitled:
An Ordinance Regarding Housing and
Urban Development Powers, Repealing
Ordinance No. 475
"Notice of Public Hearing" on the proposed ordinance as published two
times in the local newspaper and posted"was noted. Public hearing was
opened on the ordinance; no one appeared from the audience in order to
be heard and the public hearing was closed. It was noted that the
proposed ordinance would repeal those housing and urban development
powers as required to be assumed by Council pursuant to ASHA regulations
during construction of the senior citizens' housing project, Glacier
View. Following discussion, it was moved by Gillespie, seconded by
Soriano and unanimously carried by all those present to enact Ordinance
No. 490.
2. Copies being made available to the public, Hugli noted
by title only proposed ordinance relating to City administrative departments,
entitled:
An Ordinance Relating to City Administrative
Departments, Repealing Article IV, Sections
2-47 through 2-65 and Creating Sections
2.40.010 through 2.40.560 of the Seward City
Code
"Notice of Public Hearing" on the proposed ordinance as published two
times in the local newspaper and posted, was noted. Public hearing was
opened on the ordinance; no one appeared from the audience in order to
be heard and the public hearing was closed. It was moved by Soriano,
seconded by Campbell and unanimously carried by all those present to
enact Ordinance No. 491.
3. Copies being made available to the public, Hugli noted
by title only proposed ordinance relating to the Seward Advisory Planning
and Zoning Commission, entitled:
An Ordinance Relating to the Seward
Advisory Planning and Zoning Commission,
Repealing Article V, Section 2-66 through
2-70 and Article VI, Section 2-71 and 2-72,
and Creating Sections 2.50.010 through
2.50.040 of the Seward City Code
"Notice of Public Hearing" on the proposed ordinance as published two
times in the local newspaper and posted, was noted. Public hearing was
opened on the ordinance; no one appeared from the audience in order to
be heard and the public hearing was closed. It was moved by Campbell,
seconded by Soriano and unanimously carried by all those present to enact
Ordinance No. 492.
4. Copies being made available to the public, Hugli noted
by title only proposed ordinance relating to the process for Council
approval and enactment of ordinances and reso~utions, entitled:
An Ordinance Relating to Legislative
Action, Repealing Article VII, Sections
2-73 through 2-80, and Creating Sections
2.60.010 through 2.60.090 of the Seward
City Code
ORDS:
(cont'd)
HARBOR/
RES:
TERMINAL
ADDN;'
148
PAGE 148
REGULAR MEETING - OCTOBER 27, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS: (cont'd)
B. Ordinances for Public Hearing and Enactment: (cont'd)
"Notice of Public Hearing" on the proposed ordinance as published two
times in the local newspaper and posted, was noted. Public hearing was
opened on the ordinance; no one appeared from the audience in order to
be heard and the public hearing was closed. It was moved by Cripps,
seconded by Campbell and unanimously carried by all those present to
enact Ordinance No. 493.
C. Resolutions:
1. Copies being made available to the public, Hugli noted
by title only resolution providing for the lease of a parcel in the Small
Boat Harbor area for the Coast Guard boat dispatch building, entitled:
A Resolution Providing for the Disposal
by Lease of a Parcel of City-owned Land
in the Small Boat Harbor Area for the
U.S. Coast Guard Boat Dispatch Building
It was moved by Campbell, seconded by Soriano and unanimously carried by
all those present to approve Resolution No. 80-50.
X.
UNFINISHED BUSINESS:
None
XI.
NEW BUSINESS:
A. Trans-Alaska Engineering (TAE) letter dated October 22,
1980, requesting reconsideration of Council action on the hiring of a
consultant to replat the Terminal Addition, was noted. Cripps referred
to the Council meeting of October 13, at which time Council considered
the Statement of Qualifications as received from various engineering
firms, including Trans-Alaska Engineering, for the replat of the Terminal
Addition. He remarked that as a part of Trans-Alaska's Statement,
principal Richard Lowman had stated that TAE was the only engineering
firm hired by the City in 1978-79 which had completed a project on
time. He had asked City Manager Johnson to comment on the specific
statement and, in reply, the City Manager had stated that in his opinion,
no, TAE had not completed the referenced project on schedule. Cripps
continued, explaining that Mr. Lowman took exception to the City Manager's
comments and, therefore, had forwarded the October 22 letter to Council.
He stated that he felt Lowman's request for reconsideration of Council's
action to hire Century-Quadra for the Terminal Addition work was a valid
request considering the circumstances.
Campbell stated he was not in attendance at the October 13
meeting, had not yet reviewed the Statements of Qualifications from the
various engineering firms, and would not become involved in the discussions
nor vote on the issue.
Hugli commented that the Council had a City Manager and
City Engineer/Utilities Manager to make professional recommendations to
the Council, both had recommended Century-Quadra as their first choice
for the replat work, and it was his opinion that Council should rely on
the judgment and recommendations of these employees.
Richard Lowman, Principal, Trans-Alaska Engineering,
appeared from the audience and stated the comments made by the City
Manager at the October 13 meeting which disputed the content of his
Statement of Qualifications were, in his opinion, not proper and appeared
to be the reason why he had not been selected to do the Terminal Addition
work.
Hugli requested a response from City Manager Johnson. In
reply, City Manager stated the issue would have never been aired had not
a Councilmember asked him for a specific response on the statement made
by TAE regarding the completion of the Seward water supply and distribution
TERMINAL
ADDN:
(c.ont'd)
I
FOREST
ACRES:
I
I
ELECTRIC
DEPT:
149f'-
PAGE 149
REGULAR MEETING - OCTOBER 27, 1980
VOLUME 19
XI.
NEW BUSINESS: (cont'd)
system improvements project. He stated that although he did not consider
the item of great importance, he had to state that the project was not
complete to-date because the City still had not received the construction
estimates as required under Section 1, item lO. of the 1978 contract.
In fact, he continued, the City had received an extension from the State
Department of Community and Regional Affairs in order that the contract
could be completed pursuant to the agreement between the parties.
Cripps stated that the agreement also stated that 10
percent of the contract fee would be withheld until the project was
accepted as complete. He commented that the City had paid the 10 percent
to TAE, which i~timated that the City was satisfied that the project was
complete. In reply, City Manager stated that the issue was not considered
by the administration to be a major one and it was his opinion that it
had no particular bearing on the qualifications to be reviewed for the
selection of a firm to do the Terminal Addition work. He commented that
he was placed in the position of having to respond to a question from a
Councilmember and had responded in the best manner possible. Lowman
stated that he had given verbal cost estimates of the water project
construction to Administrative Assistant Darryl Schaefermeyer and had
never received any feedback that the verbal response was not acceptable.
Soriano stated that he felt the particular discussion had
no bearing on the Council vote of October 13. He reported that Century-
Quadra had been selected by a four to one vote, Cripps dissenting, and
that the issue of the earlier contract between the City and TAE would
have never been a subject of discussion had not Cripps brought it up and
asked the City Manager for a response.
B. October 22, 1980, letter from John F. Gillespie, requesting
to purchase a City-owned parcel in the vicinity of Forest Acres, was noted.
City Manager stated that although he would like to reserve the right to
look into the matter further, he initially saw no reason why the City should
retain the parcel in question and recommended that Council authorize the
administration to proceed with obtaining an appraisal of the property and
offering the ,land for public sale. Gillespie spoke briefly on his request,
stating that he and his brothers owned an adjacent parcel and would like
to purchase the City land. Hugli requested that the administration provide
a map of the parcel in question for the next Council meeting. Following
discussion, it was moved by Soriano, seconded by Campbell and carried as
follows to authorize the City administration to pursue the sale of the
parcel:
Ayes:
Noes:
Abstain:
Absent:
Campbell, Cripps, Hugli, Soriano and Vincent
None
Gillespie
Swartz
XII.
CITY MANAGER REPORTS:
A. '-City Manager distributed information supplied by the Anchorage
Chamber of Commerce on foreign trade zones and custom bonded warehouses
and asked that Council review the material and the subject be placed on
the next Council agenda.
B. City Manager requested Council schedule a work session in
order to discuss the VECO lease and dock license agreement and the proposed
dock license agreement between the City and Albert Kawabe. Following
discussion, Hugli, with Council consent, scheduled a Council work session
for Monday, November 3, 1980, commencing at 7:00 p.m. in the City Cou~cil
Chambers.
C. City Manager requested Council approval to pay "Contract
Change Order" No. 2 as submitted by Brown & Associates, contractors for
the Seward Electric System improvement project. He gave a cost break-
down of the change order items totaling $76,390.76, and stated that the
total contract price was still within budget. Following discussion, it
was moved by Gillespie, seconded by Soriano and unanimously carried by
all those present to recommend that the City Manager make the necessary
change orders and pay the appropriate fee of $76,390.76.
-i ~ (\
:> & 1 f"
4TH OF JULY
CREEK AREA:
SEWAGE
TREATMENT:
ABC B:
PKS & REC:
COUNCIL:
PAGE 150
REGULAR MEETING - OCTOBER 27, 1980
VOLUME 19
XII.
CITY MANAGER REPORTS: (cont'd)
D. City Manager requested Council approval to pay Century-
Quadra Invoice No. 2 for professional services rendered through September 28,
1980, on the 4th of July Creek project, totaling $151,226.98. It was moved
by Cripps, seconded by Campbell and unanimously carried by all those present
to pay the bill of Century-Quadra in the amount of $151,226.98.
E. City Manager requested Council approval to pay "Periodic
Estimate for Partial Payment" No. 2 for work performed by Brown & Associates
through October 9, 1980, on the Seward sewer interceptor and waste water
treatment project, totaling $806,469.76. It was moved by Campbell,
seconded by Cripps and unanimously carried by all those present to pay
Brown Construction their bill in the amount of $806,469.76.
F. City Manager commented that at the October 13 Council
meetin~ the Counci] upon recommendation of the administration, had
passed a motion objecting to the renewal of the liquor license for the
Flamingo Lounge due to delinquent taxes and utility bills. He stated
since that date the City administration had been contacted by the new
owners of the Flamingo and had been informed that the delinquent taxes
had been paid. After querying the Borough, it was determined that the
taxes had been paid; however, the Borough had neglected to notify the
City. Further, City Manager stated that the matter of the past-due
utility bills was being taken care of in a manner acceptable to the
City. In conclusion, he stated he wanted the record to show that through
no fault of their own, the new owners of the Flamingo had been involved
in some unfortunate circumstances which had delayed the issuance of
their renewal liquor license. He confirmed that the City administration
had acted to withdraw Council's objection.
G. City Manager distributed to Council "City of Seward Park
and Recreation Plan: 1980-1985" as prepared by Recreation Director
Christy Moeller. He requested that the Councilmembers review the report
and stated it would be scheduled for discussion at a future Council
meeting.
H. City Manager reported he was continuing with the abatement
proceedings for junked and abandoned vehicles located throughout the
City. He confirmed he had located 37 violations and notices of abatement
would be issued the following week.
XIII.
COUNCIL DISCUSSION:
A. City Manager stated that with the proposed development of
the 4th of July Creek industrial park, the Councilmembers should be
informed on the local impact of a coal loading terminal, petrochemical
plant, and other industrial developments. He recommended that the
Councilmembers visit a coal loading terminal in Long Beach, California;
a coal fire plant in Amarillo and Houston, Texas; and a petrochemical
plant operated by Dow Chemical Company in Freeport, Texas. He suggested
that a visit to a dry marina near Everett, Washington, also be incorporated
into the trip. He stated the trip would be tentatively scheduled for
late November, early December, and he planned on sending City Engineer
Tom Small with the Council.
B. City Manager noted that the regular meeting of Council
scheduled for November 10 fell on a City holiday, Veterans' Day observance,
and was during the week of Municipal League. Following discussion,
Hugli directed the Clerk to cancel the meeting due to lack of a Council
quorum.
C. Hugli noted that the Council needed to appoint a Vice
Mayor for the coming year. It was moved by Soriano and seconded by
Campbell that John Gillespie serve as Vice Mayor. Cripps moved that the
nominations close. Hugli confirmed the appointment of John Gillespie as
Vice Mayor, to serve in the position for the coming year.
III
HOSPITAL:
I
I
. ~51
PAGE 151
REGULAR MEETING - OCTOBER 27, 1980
VOLUME 19
XIII.
COUNCIL DISCUSSION:
(cont'd)
D. Campbell, the Council's representative on the Kenai
Peninsula Borough Assembly until reapportionment had eliminated
the Council-appointed seat, commented that the other cities in
the Borough had the perception of Seward being a progressive, yet
cost conscious city, and we should be proud of our paved streets,
harbor, sewer project, electrical rehabilitation and expansion
project, as well as the 4th of July Creek development.
E. Gillespie commented that the City should investigate
the support of legislation whereby State surplus revenues could be
used to payoff a city's bonded indebtedness and specifically cited
Seward's sewage treatment project debt.
F. Hugli referred to an article distributed by the City
Manager on cable television companies. City Manager stated the
article was for Council information and reported that the deadline
for receiving proposals for a cable system for Seward was November 4.
Hugli confirmed the item would be on the Council's next meeting agenda.
XIV.
CITIZENS' DISCUSSION:
A. Donna Limbean, member of the Seward Volunteer Ambulance
Corps, appeared from the audience and spoke on the need for police
protection when the Corps members were responding to a call outside
the City limits. City Manager reported that the administration,
various members of the Ambulance Corps, and Councilmember Cripps had
met with Alaska State Trooper Capt. Swackhammer on Friday, October 24,
regarding the controversy over the Troopers slow response to an
emergency situation in weeks' past. He stated it was his opinion
that an acceptable resolution of the problem had been agreed upon
between the parties and he and the Police Chief would have the
discretionary authority to direct the Seward Police Department to
respond to emergency situations outside the City limits if it was
determined that the agency could respond in a more timely manner
than the Troopers. He reminded Council and the public that it was
not within the legal purview of the City to spend taxpayers' money
on areas outside the incorporated City limits. Jerry Tuthill,
President of the Seward Volunteer Ambulance Corps, appeared from
the audience and stated he had also attended the meeting with Capt.
Swackhammer and assurance was given that the State Trooper nearest
the scene of an emergency would be dispatched on the call. Limbean
questioned whether an mutual aid agreement between the Troopers and
the Seward Police Department could be executed. In response, City
Attorney stated he did not think such a document could be entered
into between the parties but the matter would have to be investigated
further. Limbean stated the Corps wanted official assurance that
when they asked the Troopers or the Seward Police for assistance,
no matter what the location, that that assistance would be granted.
City Manager stated that although the City sympathized with the
Corps position, such an ~fficial assurance could not be given, but
the Seward Police and State Troopers were working together as much
as possible on the issue of law enforcement officers' timely response
to emergency calls. Cripps stated the controversy should be addressed
at the State level since the problem existed throughout the State.
Limbean also spoke on regulations and certification
requirements as proposed by the State Manpower Training and Task
Force which would affect EMT's throughout the State. She stated
the local Corps had reviewed the regulations and had found them
stringent. She reported a teleconference on the regulations was
scheduled for October 30 and various local Corps members would be
testifying.
n15,'~ I
PAGE 152
REGULAR MEETING - OCTOBER 27, 1980
VOLUME 19
XIV. CITIZENS' DISCUSSION: (cont'd)
B. Bob Valdatta appeared from the audience and stated the
City administration should contact Ron Walt in Juneau regarding foreign
trade zones. City Manager stated the City was working very closely
with Mr. Walt.
C. Beverly Dunham appeared from the audience and stated that
as part of the Council's trip to Fairbanks for the Alaska Municipal
League they should visit the coal operations in Healy.
D. Jim Pruitt appeared from the audience and asked about
the maintenance of Lowell Point Road. City Manager responded by
stating that the road would be returned to the same condition as
it was prior to the work on the sewer line. He commented that it
was a State road, built with Pioneer Access Program funding but
the State refused to maintain it; the City provided basic maintenance
when time permitted. In conclusion, City Manager stated that State
Department of Transportation and Public Facilities Commissioner Ward
would be in Seward on Thursday, October 30, and Pruitt might want
to discuss the issue with him.
XV. ADJOURNMENT:
The meeting
~1J1JT1Yr.'''r7'):.:~h...>-
,'f' ,!--. . . '. ,.:~::~'^'
..:..~..:
(.
was adjourned at 9:20 p.m.
'\
--dA (/) ,ciL
/'
RaymondLL. Hugll
Mayor
)y
1
(City Seal)
PAGE 152
REGULAR MEETING - NOVEMBER 24, 1980
VOLUME 19
I.
CALL TO ORDER:
The November 24, 1980, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps,
Gillespie, Soriano, Swartz and Vincent
Present also: City Manager Johnson, Administrative Assistant
Schaefermeyer and City Clerk Shanley
IV. APPROVAL OF MINUTES:
It was moved by Soriano, seconded by Vincent and unanimously
carried to approve the regular meeting minutes of October 27, 1980, as
written.
PAGE 153
REGULAR MEETING - NOVEMBER 24, 1980
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following additions be made to
the consent calendar:
I
10. Statement received November 24, 1980, from Ranald
H. Jarrell in the amount of $6,442.10 for legal
services rendered October 26 - November 7, 1980 -
approve for payment and file
11. Invoices received from Arctic Environmental Engineers
for professional services rendered on the sewage treat-
ment project:
04780
04880
04980
Phase
Design
Step II
Step II
Construction
Management
Step III
Step III
Step III
TOTAL
Amount
Invoice No.
05180
05280
$ 189.42
26.42
11,678.39
11,195.28
13,485.80
$36,575.31
(approve for payment and file)
City Manager requested that the following additions be made to
the regular meeting agenda:
IX.
Ordinances and Resolutions:
C. Resolutions:
1. Proposed Resolution No. 80-51, accepting
$1,000,000 from the State to assist in the
construction of the 4th of July Creek Marine
Industrial Park
I
XII. City Manager Reports:
E. Contract for professional services for the replat
of the Terminal Addition
F. Purchase of a truck for the Water Department
G. November 4, 1980, letter from the National Bank
of Alaska, requesting an easement to allow the
existing encroachment onto City right-of-way from
Lots 21 and 22, Block 13, Original Townsite
H. VECO lease
I. July 28 and November 24, 1980, letters from Seward
Ship's Chandlery, requesting to lease property in
the 4th of July Creek Marine Industrial Park
J. November 21, 1980, letter from Monty H. Richardson
regarding proposals submitted to the Alaska Board
of Fisheries to open Resurrection Bay to subsistence
gill netting of salmon
Following discussion, it was moved by Campbell, seconded by Soriano and
unanimously carried to approve the regular meeting agenda and consent
calendar as amended and the following actions were taken:
I ABC B:
1. November 6, 1980, letter from the Alcoholic Beverage
Control Board, noticing of application for renewal of
Seward Trading Co. liquor licenses, was filed without
objection.
4TH OF JULY
CREEK AREA:
2. October 31, 1980, Invoice #0510754 in the amount of
$19,113.07 from R & M Consultants for work performed
on the Nash Road extension survey, was approved for
payment and filed.
I J, I
f)'.
SEWAGE
TREATMENT:
4TH OF JULY
CREEK AREA:
ELECTRIC
DEPT:
TELEVISION:
ELECTRIC
DEPT:
4TH OF JULY
CREEK AREA:
ELECTRIC
DEPT:
C ATTORNEY:
SEWAGE
TREATMENT:
PAGE 154 REGULAR MEETING - NOVEMBER 24, 1980 VOLUME 19
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont'd)
3. November 10, 1980, Periodic Estimate No. 3 in the amount
of $546,506.68 from Brown & Associates for work performed
on the sewage treatment project, was approved for payment
and filed.
4. November 13, 1980, Invoice #3 in the amount of $115,153.27
from Century-Quadra for work performed on the 4th of July
Creek Marine Industrial Park, was approved for payment and
filed.
5. October 1980 Periodic Estimates for Partial Payment
received from Fischbach & Moore of Alaska, Inc. for
work performed on the Seward electrical system improve-
ment project were approved for payment as follows:
Periodic Estimate No.
4A
5
5A
6
7
Amount
$ 54,909.06
215,171.62
[1,150.79]
71,925.00
65,773.88
$ 406,628.77
TOTAL
6. November 5, 1980, Invoice #4513 from Kenai Air Alaska,
Inc. in the amount of $7,754.88 for work performed on
the television translator, was approved for payment
and filed.
7. Statement received November 20, 1980, from Metco in
the amount of $5,809.37 for work performed through
November 8, 1980, relative to clearing the electrical
power line right-of-way from Mile 9 to 16, was approved
for payment and filed.
8. Statement received November 20, 1980, from Metco in
the amount of $32,454 for work performed in clearing
the right-of-way for the extension of Nash Road to the
4th of July Creek Marine Industrial Park, was approved
for payment and filed.
9. November 14, 1980, invoices from CH2M Hill for work
performed on the electrical system improvement project,
were approved for payment and filed as follows:
Invoice No.
10288
10289
Amount
$ 13,417.66
14,180.02
$ 27,597.68
TOTAL
10. Statement received November 24, 1980, from Ranald H.
Jarrell in the amount of $6,442.10 for legal services
rendered October 26 - November 7, 1980, was approved
for payment and filed.
11. The following invoices as received from Arctic
Environmental Engineers for professional services
rendered on the sewage treatment project were
approved for payment and filed:
Invoice No.
Phase
Design
Step II
Step II
Construction
Management
Step III
Step III
Step III
TOTAL
Amount
05180
05280
$ 189.42
26.42
04780
04880
04980
11,678.39
11,195.28
13,485.80
$36,575.31
I
PAGE 155
REGULAR MEETING - NOVEMBER 24, 1980
VOLUME 19
VI.
BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly representative Darryl Schaefermeyer
gave a verbal report on the November 18, 1980, Assembly meeting.
VII.
PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
C ATTORNEY: A. Richard Gantz, senior partner with the law firm of Hughes,
Thorsness, Gantz, Powell and Brundin, appeared from the audience and
gave a verbal presentation on the firm's municipal expertise and availability
to represent the City of Seward. He confirmed that Fred Arvidson would
be Seward's principal contact if the City acted to retain the law firm.
K P B/
ORDS:
I
4TH OF
CREEK
AREA/
RES:
I
LAUBNER
ADDN:
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies being made available to the public, Hugli read
by title only proposed ordinance regarding Borough Assembly representation,
entitled:
An Ordinance Relating to Borough
Assembly Representation, Repealing
Sec. 2.20.030 (b) and Sec. 2.20.150
of the Seward City Code
It was moved by Campbell, seconded by
introduce proposed Ordinance No. 494.
was scheduled for December 22, 1980.
Soriano and unanimously carried to
Public hearing on the ordinance
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
JULY 1. Copies being distributed to Council and made available
to the public, Hugli read by title only proposed resolution accepting
$1,000,000 from the State to be used for development of the 4th of July
Creek Marine Industrial Park, entitled:
A Resolution Accepting a Transfer
Agreement for the Seward Port
Facility From the State of Alaska
Department of Transportation and
Public Facilities
It was moved by Campbell, seconded by Swartz and unanimously carried to
approve Resolution No. 80-51.
X.
UNFINISHED BUSINESS:
None
XI.
NEW BUSINESS:
A. November 6, 1980, letter from Judge Ralph E. Moody regarding
the sale of Lots 22 and 23, Block 10, Laubner Addition, was noted. City
Manager stated the administration had made no provision to allow the
purchase price of the City parcels to be paid in installments; and, if
this was the Council's wish, sale of the property should be readvertised
with the financing provisions set forth in the sale notice. He confirmed
it had been the City's policy relative to the sale of individual parcels
to demand full payment upon closing and title transfer. Following
discussion, it was moved by Soriano, seconded by Swartz and unanimously
carried to notify Moody that payment is due upon closing.
, - ~
.:h
ORIGINAL
TOWNSITEI
DEEDS &
EASEMENTS:
HOSPITAL:
ABC B:
4TH OF JULY
CREEK AREA:
PAGE 156
REGULAR MEETING - NOVEMBER 24, 1980
VOLUME 19
XI.
NEW BUSINESS:
(cont'd)
B. November 5, 1980, letter from Alascom, requesting permission
to locate a trailer on Lot 5, Block 15, Original Townsite, was noted.
City Manager reported that the request was not in compliance with the
Seward Zoning Ordinance and recommended Council denial of the request.
Following discussion, it was moved by Soriano, seconded by Swartz and
unanimously carried that an exception not be granted Alascom because the
zoning ordinance prohibits such a trailer.
C. November 17, 1980, letter from Seward General Hospital,
requesting City financial assistance for maintenance and operation of
the facility, was noted. City Manager stated the Hospital was in serious
financial straits and to sustain the facility as a viable entity would
take more than just conversation. He reported that funding sources such
as revenue sharing and municipal assistance programs were being sought;
however, in the interim he recommended a special meeting be held, with
public input being widely solicited, in order to involve as many people
as possible in finding a solution to the problem.
Gillespie referred to the Hospital's letter which suggested
the levy of a real property tax within the City to provide long-term
funding of the facility's operating expenses. He spoke against such a
tax levy, stating that the Hospital services an area much larger than
the incorporated limits of Seward and some funding vehicle which made
the users outside the City limits pay for a portion of the facility
maintenance and operation needed to be investigated. Campbell, Seward
General Hospital Administrator, stated that Gillespie was correct and
that the majority of the users of the Hospital were not local Seward
residents. A method to make those other users pay would be formation of
a service area; however, Campbell stated the Hospital Board had agreed
that the concept was unpalatable due to the fact that control of the
Hospital would then be in the hands of the Kenai Peninsula Borough
Assembly. Campbell stated a sales tax was another funding option but
such a tax was not well-received by local residents.
Swartz suggested hiring an outside firm to review the
Hospital's financial problems and objectively arrive at a suggested
resolution. Cripps urged the Council and administration to thoroughly
investigate the legal ramifications of a municipality paying the bills
of a private, non-profit corporation.
Following discussion, Hugli, with Council consent, directed
the City Clerk to schedule a special Council meeting for Monday, January
5, 1981, in order to conduct a public hearing on the future funding of
Seward General Hospital.
D. November 12, 1980, letter from the Alcoholic Beverage
Control Board, noticing of application for a new liquor license for
Dreamland Bowl as owned and operated by Martin Kowalski, was noted. It
was moved by Cripps, seconded by Gillespie and unanimously carried that
assuming the application meets all the requirements of law, approval of
the Dreamland Bowl liquor license be granted.
XII.
CITY MANAGER REPORTS:
A. City Manager distributed to Council the draft "Lease
Agreement" and "Dock Permit" between the City and VECO for the 4th of
July Creek Marine Industrial Park. He explained the amendments made in
the two documents since Council's last review of the drafts. In answer
to a question from Hugli, City Manager stated apparently the paragraph
regarding subleases to business entities related to VECO had been inadvertently
deleted from the lease draft. He proceeded to explain the time frame
for development of the marine park and referred to various permits
required prior to the commencement of construction. He stated that if
the City would be allowed to file an environmental assessment rather
than a complete environmental impact statement, at least a year's time
could be saved. In conclusion, City Manager stated if the revisions
were acceptable a public hearing would be scheduled on the agreement and
permit documents.
PAGE 157
REGULAR MEETING - NOVEMBER 24, 1980
VOLUME 19
XII.
CITY MANAGER REPORTS: (cont'd)
4TH OF
CREEK
AREA:
(cont'd)
JULY July 28 and November 24, 1980, letters from James Pruitt,
d/b/a Seward Ship's Chandlery, were distributed to Council and Pruitt
appeared from the audience and spoke and answered questions on his
request to lease approximately 26 acres in the 4th of July Creek area
for the location of various marine-oriented services. Pruitt stated as
presently proposed the marine park had no public use area large enough
to service vessels the size of the M/V TUSTUMENA. He stated that land
leases should be awarded only when construction or use of the land was
imminent and that existing businesses in the area should be given "first
right of refusal" on any additional land to be leased.
I
Campbell stated the draft lease with VECO required a $5
million investment within the first five years. Since Pruitt was asking
for acreage approximately half the size of the area projected to be
leased to VECO, he asked Pruitt if he was willing to make a commitment
of $2.5 million over the next five years; Pruitt answered in the affirmative.
Gillespie voiced concern that Council should be careful not to do anything
to jeopardize its current position with VECO. He stated Pruitt's proposal
included some of the area planned for lease to VECO and he would not be
in favor of changing VECO's lease acreage in any way. He stated Pruitt's
initial proposal as set forth in the July 28 letter was for two to four
acres of land; the current proposal outlined in the November 24 letter
was for 26 acres. Gillespie remarked that Pruitt might have to adjust
his proposal. Further, he stated the City should not lock up the central
area because the transfer system might need to be expanded at a later
date. Following discussion, Hugli, with Council consent, directed the
City Manager to enter into negotiations with James Pruitt, on the same
basis as the City's negotiations with VECO, for the lease of property in
the 4th of July Creek area not already designated in VECO's lease.
I
TELEVISION:
to
He
B. City Manager reported
the City's request for proposals
stated he would keep the Council
that no responses had been received
to provide cable television service.
informed on future developments.
C. November 7, 1980, information from the Anchorage Chamber
of Commerce regarding foreign trade zones and custom bonded warehouses
was noted for Council information.
STREETS,
RDS,
HWYS:
D. November 5, 1980, statement for $4,021 from Metco for work
performed to improve the dump road was noted. City Manager stated that
at the Council meeting of July 23, 1979, the Council had approved the
expenditure of an amount not to exceed $6,000 to replace a culvert and
reroute the dump road. He stated that the 1979 budget had lapsed and
requested that the bill be authorized for payment from funds available
in the 1980 Mayor and Council contingency. It was moved by Cripps,
seconded by Swartz and unanimously carried to pay the Metco bill for
$4,021.
4TH OF
CREEK
AREA:
JULY E. November 18, 1980, memo from Tom Small, requesting approval
for Change Order No. 1 for the clearing portion of the Nash Road extension
project, increasing the project cost by $9,250, was noted. City Manager
recommended approval of the change order. It was moved by Campbell,
seconded by Soriano and unanimously carried to approve Change Order No. 1
for the Nash Road extension in the amount of $9,250.
I
WATER DEPT/ F. City Manager requested authorization to purchase a used
PERSONAL 1978 3/4 Ton, 4-wheel drive, Chevrolet truck for use by the Water Department.
PROPERTY:He reported the purchase price as $5,600 and an additional $2,100 would
be charged for a "service body"; the total price of $7,700 falling
$1,700 under the budgeted amount for the vehicle purchase. It was moved
by Gillespie, seconded by Swartz and unanimously carried to authorize
the administration to buy the truck and have the service body mounted
for a cost not to exceed $7,700.
r !l
" .
ORIGINAL
TOWNSITE:
FISH &
WILDLIFE:
TERMINAL
ADDN:
FOREST
ACRES:
MARATHON
ADDN:
PAGE 158
REGULAR MEETING - NOVEMBER 24, 1980
VOLUME 19
XII.
CITY MANAGER REPORTS: (cont'd)
G. City Manager distributed letter dated November 4, 1980,
from the National Bank of Alaska, requesting an easement to allow the
continuance of an encroachment onto City right-of-way from Lots 21 and
22, Block 13, Original Townsite. He stated the City had no objection to
allowing the encroachment of 18 inches onto Adams Street for the length
of the loan or the life of the building, whichever expired first; it was
so moved by Soriano, seconded by Campbell and carried as follows:
Ayes:
Campbell, Cripps, Hugli, Soriano, Swartz
and Vincent
None
Gillespie
None
Noes:
Abstain:
Absent:
Gillespie explained his abstention, stating he had acted as the real
estate agent for sale of the property.
H. City Manager distributed and City Clerk read in full
letter dated November 21, 1980, from Monty H. Richardson, objecting to
proposals submitted to the Alaska Board of Fisheries to open Resurrection
Bay to subsistence gill netting of salmon. Richardson requested the
Council file an official objection with the Board. Following discussion,
it was moved by Campbell, seconded by Gillespie and unanimously carried
to notify the Alaska Board of Fisheries of the City's strong objections
to the opening of Resurrection Bay to subsistence gill netting of salmon.
Hugli stated the motion could be followed up with a resolution approved
by Council at its December 8 meeting.
I. City Manager reported the administration had negotiated a
price of $57,700 with Century-Quadra for Phase I of the concept plan and
cost estimates for the replat of the Terminal Addition. He explained
the tasks which would be performed by Century-Quadra in Phase I of the
contract and requested Council approval to enter into an agreement with
the engineering firm for the project. Following discussion, it was moved
by Soriano, seconded by Campbell and unanimously carried to authorize
the City Manager to enter into a contract with Century-Quadra for the
sum not to exceed $57,700 for Phase I of the Terminal Addition concept
plan.
J. City Manager gave a brief report on the Alaska Municipal
League's annual meeting held in Fairbanks November 12-15, which had been
attended by staff and Council. He stated Lt. Governor Miller had reported
that the Governor was proposed to increase the minimum entitlement for
revenue sharing in 1981 to an amount which would mean an increase from
the current City's share of approximately $49,000 to an estimated $350,000.
City Manager commented that he had been appointed to a committee whose
task it was to keep in direct contact with the Governor's office and the
Legislature regarding the revenue sharing increase.
K. City Manager distributed November 24, 1980, letter and
attached "Findings of Fact and Conclusions of Law" from Kenneth P. Jacobus
of Hughes, Thorsness, Gantz, Powell & Brundin, notifying the City of
its success in winning the court case filed by Seward Chapel.
XIII.
COUNCIL DISCUSSION:
A. Hugli referred to a petition received November 24, 1980,
and distributed to Council which contained the signatures of 22 residents
of Glacier View Apartments in the Marathon Addition. The petitioners
requested the City allow the Lions Club to remove shrubs and alders
from an adjacent lot owned by the City in order to improve the tenants'
view of the Bay. Swartz spoke in favor of the petitioners' request.
Soriano reminded Council that another resident of Glacier View, but with
an opposing viewpoint, had appeared before Council at a previous meeting
and requested that the alders remain on the lot in order to provide
a greenbelt area. Following discussion, Hugli, with Council consent,
directed the City Manager to resolve the issue in the best possible manner.
i
PAGE 159
REGULAR MEETING - NOVEMBER 24, 1980
VOLUME 19
XIII.
COUNCIL DISCUSSION: (cont'd)
C ATTORNEY: B. Hugli stated the Council needed to address the issue of
retaining new legal counsel and referred to the earlier presentation
by representatives of Hughes, Thorsness, Gantz, Powell & Brundin and
to a letter dated November 21, 1980, from Erwin, Smith & Garnett,
distributed that evening. Following discussion, it was moved by Gillespie,
seconded by Soriano and carried as follows to retain Hughes, Thorsness,
Gantz, Powell & Brundin:
I
Ayes:
Noes:
Absent:
Cripps, Gillespie, Hugli, Soriano and Vincent
Campbell and Swartz
None
Hugli directed the City Clerk to respond to the Erwin, Smith & Garnett
letter, thanking them for their interest in representing the City of
Seward.
C. Swartz commented that many more citizens would probably
attend Council meetings if the chambers were not so smoke-filled. Following
discussion, it was moved by Swartz and seconded by Soriano that the Council
Chambers be designated as a "no smoking" chambers. It was moved by Vincent,
seconded by Hugli and carried as follows to table the motion:
Ayes:
Noes:
Absent:
Cripps, Gillespie, Hugli and Vincent
Campbell, Soriano and Swartz
None
D. Campbell urged Council to review the Hospital financial
problems seriously and in depth. He stated at the present time the
Hospital, because of its financial difficulties, was in the position of
taking advantage of its employees.
I
E. In answer to an inquiry from Gillespie, City Manager
reported the warrants on junked and abandoned vehicles would be sent to
owners and residents within the next week.
F. Cripps extended a happy Thanksgiving wish to all.
G. In answer to a question from Vincent, City Manager stated
that although there were no immediate plans for such, if the City at
some future date did decide to locate a dry harbor in the area presently
used for ball fields, the fields would be relocated prior to the harbor
construction.
XIV.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be
heard.
XV.
ADJOURNMENT:
The meeting was adjourned at 10:30 p.m.
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Raymond)L. Hugli
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Mayor
n
PAGE 160
REGULAR MEETING - DECEMBER 8, 1980
VOLUME 19
I.
CALL TO ORDER:
The December 8, 1980, regular meeting of the Seward City
Council was called to order at 7:32 p.m. by Mayor Hugli.
II. OPENING CEREMONY:
Councilmember Campbell led the pledge of allegiance to the
flag.
I II . ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps,
Gillespie, Soriano and Swartz (absent, with
Council consent, was Vincent)
Present also: City Manager Johnson, City Attorney Arvidson,
Administrative Assistant Schaefermeyer and
City Clerk Shanley
IV. APPROVAL OF MINUTES:
It was moved by Soriano, seconded by Swartz and unanimously
carried by all those present to approve the regular meeting minutes of
November 24, 1980, as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following items be added to
the consent calendar:
9. "Periodic Estimate for Partial Payment" No.4 as received
from Brown Construction for work performed on the sewage
treatment project, totaling $266,090.21 - approve for
payment and file
10. Invoices received from Skyline Electric for services
performed on the Seward electric system improvement
project:
Date - Invoice No.
Amount
10/31/80 - 112
12/2/80 - 113
12/2/80 - 114
TOTAL
$ 5,877.00
43,974.74
2,853.40
$ 52,705.14 - approve for payment and
file
11. Pay Request 7A from Fischbach & Moore for work performed
on the Seward electric system improvement project, in the
amount of $154,163.83 (this amount was later amended by
City Engineer Small to $152,677.03) - approve for payment
and file
12. Invoice from General Electric Company for materials for
the Seward electric system, not to exceed $148,479.50 -
approve for payment and file
City Manager requested the following items be added to the
regular meeting agenda:
IX. Ordinances and Resolutions:
C. Resolutions:
2. Proposed Resolution No. 80-53, repealing
Resolution No. 80-51 and accepting $1,500,000
from the State of Alaska for development of
the port facility at the 4th of July Creek
Marine Industrial Park
3. Proposed Resolution No. 80-54, authorizing
applications for funding assistance for an
outdoor recreation project
I
I
I
PAGE 161 REGULAR MEETING - DECEMBER 8, 1980
VOLUME 19
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(cont'd)
VIII. Citizens' Discussion: (with prior notice only)
B. Fred Woelkers - livestock holding facility
Following discussion, it was moved by Swartz, seconded by Soriano and
unanimously carried by all those present to approve the regular meeting
agenda and consent calendar as amended and the following actions were
taken:
CITY 1.
ATTORNEY:
November 26, 1980, letter and invoices received
from Hughes, Thorsness, Gantz, Powell and Brundin
for legal services rendered, were approved for
payment as follows and filed:
1980 Seward General Obligation $ 3,589.07
Bond Issue
Engineering Science of Alaska 11,253.93
vs. City of Seward
Seward Chapel vs. City of Seward 9,579.81
TOTAL $ 24,422.81
ABC B:
2. November 20, 1980, letter from Seward Longshoremen's
Benevolent Association regarding the Palace Bar opera-
tions, was noted for information and filed.
ABC B:
3. November 26, 1980, letter received from the Alcoholic
Beverage Control Board, noticing of applications for
the renewal of liquor licenses for 1981 for the Harbor
Dinner Club and Yukon Liquor Store, was noted and filed
without objection.
ABC B: 4. December 1, 1980, letter received from the Alcoholic
Beverage Control Board regarding action taken by the
Board on the liquor license transfer request for the
Flamingo Lounge was noted for information only and filed.
LOC ORGS: 5; "Application for Permit for Authorized Games of Chance
and Skill" as submitted by the Seward Senior Citizens,
Inc. for calendar year 1981 was approved for the Mayor's
signature and filed.
4TH OF 6.
JULY CREEK
AREA:
November 11, 1980, Invoice No. 051075-5 in the amount
of $16,154.67 from R & M Consultants, Inc. for design
and construction management of the Nash Road extension
survey, was approved for payment and filed.
ELECTRIC 7.
DEPT:
November 11, 1980, Invoice No. 051144-1 in the amount of
$284.56 from R & M Consultants, Inc. for preparation of
the wetland permit application relative to the Electric
System improvement project, was approved for payment and
filed.
CITY 8.
ATTORNEY:
"Notice of Dismissal Without Prejudice By Plaintiffs
Before Answer" as filed in the Superior Court in Sailing
Inc., Dean Lust, et al vs. Foster M. Singleton and the
City of Seward, Alaska, was noted for information and
filed.
SEWAGE 9.
TREATMENT:
"Periodic Estimate for Partial Payment" No. 4 as received
from Brown Construction for work performed on the sewage
treatment project, totaling $266,090.21, was approved
for payment and filed.
"1
PAGE 162
REGULAR MEETING - DECEMBER 8, 1980
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: . (cont'd)
ELECTRIC
DEPT:
10. Invoices received from Skyline Electric for services
performed on the Seward electric system improvement
project as follows, were approved for payment and filed:
Date - Invoice No.
Amount
10/31/80 - 112
12/2/80 - 113
12/2/80 - If4
TOTAL
$ 5,877.00
43,974.74
2,853.40
$ 52,705.14
ELECTRIC
DEPT:
11. Pay Request 7A from Fischbach & Moore for work performed
on the Seward electric system improvement project, in the
amount of $154,163.83 (this amount was later amended by
City Engineer Small to $152,677.03), was approved for pay-
ment and filed.
ELECTRIC
DEPT:
12. Invoice from General Electric Company for materials for
the Seward electric system, not to exceed $148,479.50,
was approved for payment and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly member Darryl Schaefermeyer
gave a verbal report on the Assembly meeting held December 2, 1980.
VII.
PUBLIC HEARINGS:
4TH OF
CREEK
AREA:
JULY A. Public hearing was opened on the proposed Lease Agreement
and Dock Permit between the City of Seward and VECO Offshore Inc. for
City-owned land and the public port facility at the Fourth of July Creek
Marine Industrial Park. Messrs. Hassani and West of Century-Quadra, the
City's consultants on the project, were present in the audience and
Hassani referred to various site plans as posted and spoke on the status
of the project development and the necessity to move 4th of July creek.
City Manager referred to the posted site plan and the designated areas
of the proposed lease and license with VECO. Messrs. Powell and Trevithick
of VECO were present in the audience and, in answer to a question from
Campbell, Trevithick stated as soon as the road was completed and VECO
had access to the site, work would commence, with an anticipated completion
date for Phase I of the development within 18 months. No one else
appeared from the audience at this time in order to be heard and the
public hearing was closed. Hugli reminded the administration that the
City still had not received a copy of "Schedule B" as referred to in the
Lease Agreement relative to the time frame for the expenditure of VECO's
committed $5,000,000 investment.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
ELECTRIC A. Chuck Lechner appeared from the audience and spoke against
DEPT: the low voltage he had been experiencing at his business, Seward Machine
Shop. City Engineer Tom Small appeared and commented on Lechner's
remarks, stating that the City began over three years ago with plans to
upgrade the Seward electrical system. In the past two weeks the system
had been transferred to the new substation and a new transformer installed.
He stated the City's voltage meters had already registered an improvement
in the system and, with the anticipated arrival and installation of
another transformer which would allow the mill to be on a separate
circuit from the rest of the town, the electrical service should improve
even more. Small stated the current voltage in Seward was better than
had ever been available in the past and stated if Lechner was still
having problems it might mean a local condition near his shop. He
suggested that the City install a volt recording meter at Seward Machine
Shop to monitor the voltage for a few days.
PAGE 163
REGULAR MEETING - DECEMBER 8, 1980
VOLUME 19
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
ANIMAL B. Fred Woelkers appeared from the audience and explained to
CONTROL:Council that he was negotiating with the State to lease property adjacent
to the airport for use as a cattle holding facility. He stated prior to
the State granting approval of the proposal he had been required to
obtain a letter of non-objection from the City of Seward. Woelkers
spoke and answered Council questions on his proposal to lease four acres
at the south end of the airport for a holding/quarantine facility for
I cattle and other large animals. City Manager stated the administration
had no objection to Woelkers' proposal but it should be made clear that
the City would not extend utilities to the area. Woelkers stated he did
not anticipate the need for any utilities. Following discussion, it was
moved by Soriano, seconded by Campbell and unanimously carried by all
those present to direct the administration to put together a letter of
non-objection for Fred Woelkers.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
FISH &
RES:
WILDLIFE/I. Copies being made available to the public, Hugli read
by title only proposed resolution opposing subsistence gill netting of
salmon in Resurrection Bay, entitled:
I
A Resolution Opposing the Opening of
Resurrection Bay to Subsistence Gill
Netting of Salmon
November 21, 1980, letter from Monty Richardson, requesting Council
action in opposition to the proposal to open Resurrection Bay to sub-
sistence fishing, and November 26, 1980, letter from City Clerk Shanley
to the Alaska Department of Fish and Game, notifying the State of the
Council's opposition as stated in a motion at the November 24 meeting,
were noted. It was moved by Campbell, seconded by Soriano and unanimously
carried by all those present to approve Resolution No. 80-52.
4TH OF
CREEK
AREA!
RES:
JULY 2. Copies being distributed to Council and made available
to the public, Hugli read by title only proposed resolution accepting
$1,500,000 from the State of Alaska for the port development at the 4th
of July Creek Marine Industrial Center, entitled:
A Resolution Accepting a Transfer Agreement
For the Seward Port Facility From the State
of Alaska Department of Transportation and
Public Facilities and Repealing City of
Seward Resolution No. 80-51
I
City Manager stated the purpose of the resolution was to accept two
separate grants from the State of Alaska for the 4th of July Creek port
development. He stated the $1,000,000 as accepted pursuant to the passage
of Resolution No. 80-51 on November 24, 1980, could be combined with an
additional grant of $500,000 and, with the two grants being considered
as one, only one set of books would have to be kept. It was moved by
Soriano, seconded by Cripps and unanimously carried by all those present
to approve Resolution No. 80-53.
- ~
PAGE 164
REGULAR MEETING - DECEMBER 8, 1980
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS: (cont'd)
C. Resolutions: (cont'd)
PKS & REC/ 3. Copies being distributed to Council and made available
RES: to the public, Hugli read by title only proposed resolution authorizing
the submittal of a grant application for the development of 3.5 acres of
the 7th Avenue Greenbelt recreation area, entitled:
A Resolution Authorizing Applications for
Funding Assistance for an Outdoor Recrea-
tion Project to the State Liaison Officer
as Provided by the Land and Water Conserva-
tion Fund
City Manager commented that approval of the resolution would start the
City on development of the first phase of the greenbelt area. He stated
the 3.5 acres planned for development were located at the south-east
corner of the 7th Avenue beach area near Railway Avenue and Ballaine
Boulevard. Following discussion, it was moved by Campbell, seconded by
Soriano and unanimously carried by all those present to approve Resolution
No. 80-54
X.
UNFINISHED BUSINESS:
None
XI.
NEW BUSINESS:
LAUBNER ADDN: A. "Notice of Sale of City Property by Sealed Bid - Lots 22
and 23, Block 10, Laubner Addition", as published four times in the
local newspaper, was noted. Hugli stated only one bid had been received
and he opened the bid as submitted by Ralph E. Moody and read in full
the letter dated December 1, 1980, offering $7,500 for the purchase of
the two lots. It was noted that a check in the amount of $1,500, covering
20 percent of the bid price as required by the City Code, accompanied
Moody's bid. City Manager confirmed that the $7,500 bid by Moody was
the minimum bid price as set by the Council following an appraisal
report. City Clerk confirmed if there were no objections a public hearing
would be scheduled for December 22 on sale of the property.
MARINA SUB: B. The following items were noted relative to the lease of
City-owned Lots 6 and 7, Block 1, Marina Subdivision, to Juris Mindenbergs:
December 2, 1980, letter from City Clerk Shanley
to Juris Mindenbergs, informing him of his
default of the terms of the lease agreements
Minute order of a portion of the City Council
meeting of November 5, 1979, at which time
Council acted to approve Mindenberg's construction
plans and Mindenbergs confirmed his intentions
to meet the November 1980 construction deadline
A portion of the City Council meeting minutes
of November 13, 1978, at which time the leases
for Lots 6 and 7 were transferred from Plymire
to Mindenbergs and a one year extension was
granted for submittal of construction plans and
a two year extension was granted for construction
completion
Lease dated November 8, 1976, for Lot 7, Block 1,
Marina Subdivision
Lease dated April 26, 1971, for Lots 5 and 6,
Block 1, Marina Subdivision
PAGE 165
REGULAR MEETING - DECEMBER 8, 1980
VOLUME 19
XI.
NEW BUSINESS: (cont'd)
MARINA Juris Mindenbergs appeared from the audience and stated that
SUB: economic factors prohibited him from proceeding with his development
(cont'd)plans in the Marina Subdivision. He stated the motel vacancy rate for
the Breeze Inn was such that he could not justify constructing an addition
to the structure. He reported his plans for constructing a mini-warehouse
facility had been delayed due to his unsuccessful efforts to obtain financing.
Relative to his plans for "The Dinghy" on Lot 6, he stated he had not
I received any favorable responses to his inquiries to open a quick-stop
grocery store at the site. He requested Council approval of an extension
of the construction deadline date as established in the original leases
and extended in 1978 when the leases were transferred.
Soriano commented that the Council had been amendable to
extensions in the past but now was the time to see if someone else could
undertake development of the parcels. Gillespie stated he agreed with
Soriano relative to the foreclosure of Lot 7 but he commented that
foreclosure proceedings on Lot 6 would be much more complicated due to
the fact that physical improvements were involved. Following discussion,
it was moved by Campbell, seconded by Swartz and unanimously carried by
all those present that the City execute foreclosure proceedings on the
lease of Lot 7, Block 1, Marina Subdivision, for non-compliance and any
rental payments be prorated.
I
Relative to Lot 6, Gillespie stated he would be in favor
of granting Mindenbergs an additional year's extension for construction.
City Manager spoke in support of a two-year extension. City Clerk
reported that currently Lots 5 and 6, Block 1, Marina Subdivision, were
contained in one lease document. Lot 5 was used for parking for the
Breeze Inn Restaurant located on Lot 3. Mindenbergs presently held the
leases for all the lots involved but in the future such might not be the
case and she recommended that the lease for Lots 5 and 6 be redrafted,
separating the two into individual lease agreements. Following discussion,
it was moved by Gillespie, seconded by Swartz and unanimously carried by
all those present to grant an extension of the lease on Lot 6, Block 1,
Marina Subdivision, for a two-year period for the construction deadline.
XII.
CITY MANAGER REPORTS:
SEWAGE
TREAT-
MENT:
A. City Manager requested Council authorization to enter into
an agreement with Arctic Environmental Engineers for $9,800 to provide
the design documents for the sewer line to service the Alaska Skill
Center mechanical shop; it was so moved by Campbell, seconded by Soriano
and unanimously carried by all those present.
B. City Manager commented that the City owned a parcel of
land in the Forest Acres area which John Gillespie was interested in
purchasing. After researching the matter, it had been determined that
when the State of Alaska issued the quitclaim deed to the City of Seward
for the subject parcel, a provision had been written in the deed that if
the property ceased to be used for recreational purposes it would revert
back to State ownership; therefore, no negotiations could be made with
Gillespie for purchase of the property.
HOSPITAL: C. City Manager distributed letter dated December 8, 1980,
from City Attorney Arvidson regarding the legality of using City funds
for the maintenance and operation of Seward General Hospital. City
Attorney spoke and answered Council questions on his letter.
I
XIII.
COUNCIL DISCUSSION:
PKS & REC: A. "City of Seward Park and Recreation Plan: 1980-1985"
dated October 1980 and prepared by Recreation Director Christy Moeller,
was noted. Moeller appeared from the audience and spoke and answered
questions on the Plan. A map was posted which was taken from the 1979
7th Avenue Greenbelt feasibility and design plan as compiled by CH2M
Hill and designated the area planned for development in the near future.
Moeller explained that pursuant to the passage of Resolution No. 80-54,
the City would be applying for a 50 percent matching grant to finance
the estimated $445,000 project. Following discussion, Hugli, with
Council consent, stated there was no objection to proceeding with the
project.
J 1;(
PAGE 166
REGULAR MEETING - DECEMBER 8, 1980
VOLUME 19
RECESS: The meeting was recessed at 9:30 p.m.; reconvened at 9:40 p.m.
XIV. CITIZENS' DISCUSSION:
A. Bob Valdatta appeared from the audience and spoke in
support of the City hiring a public relations expert.
B. Bruce Trygstad appeared from the audience and spoke in
support of the City investigating a "style service" import store/warehouse.
4TH OF
CREEK
AREA:
JULY C. Jim Pruitt appeared from the audience and asked for a
Council response to his November 24, 1980, letter proposing to lease 26
acres in the 4th of July Creek Marine Industrial Park. City Manager
confirmed he had received a financial statement for Seward Ship's Chandlery,
Pruitt's business enterprise, as requested by Council at its November 24
meeting. Campbell referred to Pruitt's July 28, 1980, letter which
requested a lease of two to four acres. He stated a lease of that size
was feasible and had, in fact, been worked into the preliminary Master
Plan for the development as prepared by Century-Quadra. However, the 26
acres as requested in Pruitt's November letter was not considered feasible.
Pruitt stated he realized he needed the additional acreage after he
found out that he was wrong in assuming that the public berthing area
would have preferential use rights for various users so haul-outs could
be scheduled.
Ron Trevithick of VECO appeared from the audience and
stated that his firm was concerned with Pruitt's request. He stated
VECO's plans for the area would be jeopardized if the City acted to
allow a competing facility to locate adjacent to VECO's yard, especially
at the outset of the development. Hugli stated that the shipyard would
not have been feasible without an agreement between the City and a large
firm like VECO because both were needed in order to obtain the necessary
funding for the development.
City Attorney Arvidson commented that the City was in the
final stages of a project which had been under study for a number of
years. He pointed out that VECO would be the initial firm to invest in
the development with the City, therefore, deserved special consideration
from the City when the City was dividing up the land in the area. He
stated the City would never get a project underway if businesses were
allowed to come in at the last minute and make proposals which conflicted
with existing plans for an area. He stated the City had accommodated
other users in its plan for the area and, in fact, had accommodated
Pruitt's July proposal.
Swartz remarked that she looked at the issue on the basis
of projected employment rates and, therefore, supported the Master Plan
for the 4th of July Creek Marine Industrial Park as presented. Gillespie
commented that Pruitt's November proposal had the effect of jeopardizing
the entire project and he was not willing to take that risk. Following
lengthy discussion, it was moved by Swartz, seconded by Campbell and
unanimously carried by all those present to authorize the City Manager
to enter into negotiations with Jim Pruitt for the lease of 2.8 acres of
ground which he originally asked for in the 4th of July Creek industrial
area, with any and all of the legal data as required, including an
audited financial statement, proof of financial capabilities and an
agreement on the amount of investment, and a feasibility study in conjunction
with the City's engineers, of just what he (Pruitt) hopes to accomplish.
XV.
ADJOURNMENT:
adjourned at 11:13 p.m.
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Raymond ~. Hugli' .
Mayor
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PAGE 167
REGULAR MEETING - DECEMBER 22, 1980
VOLUME 19
meeting as scheduled for Monday, December 22,
of a quorum.
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PAGE 167
SPECIAL MEETING - JANUARY 5, 1981
VOLUME 19
1.
CALL TO ORDER:
The January 5, 1981, special meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Hugli. "Notice of Special
Meeting and Public Hearing" as posted and published two times in the
local newspaper, was noted.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Hugli; Councilmembers Campbell, Cripps,
Gillespie and Soriano (Absent, with Council
consent, were Swartz and Vincent)
Present also: City Manager Johnson and City Clerk Shanley
IV. APPROVAL OF CONSENT CALENDAR: (Added by Mayor, with Council
consent)
The Consent Calendar addition to the special meeting agenda,
submitting six bills for payment, was made available to the public and
distributed to Council. City Manager spoke and answered questions on
the various invoices. He requested that General Electric's payment be
increased from the designated $11,979.50 to $135,979.50, thus including
the $124,000 payment for which he had received Council approval via
telephone the previous week.
Following discussion, it was moved by Campbell, seconded by
Soriano and unanimously carried by all those present to approve the
consent calendar as presented and the following actions were taken:
SEWAGE
TREATMENT:
l. "Periodic Estimate for Partial Payment" No. 5
from Brown and Associates for work performed
on the sewage treatment project, totaling
$54,541.18, was approved for payment and filed.
ELECTRIC
DEPT:
December 6, 1980, Invoice #C12-l00-80 from
T & R Electric in the amount of $20,700 for
3 transformers for the standby generators,
was approved for payment and filed.
2.
4TH OF JULY
CREEK AREA:
3. The following invoices as submitted by R & M
Consultants for work performed relative to the
Nash Road extension survey and design, were
approved for payment and filed:
Date
12/08/80
12/08/80
Invoice No.
051075-6
051144
Amount
$ 11,189.71
934.79
$ 12,124.50