HomeMy WebLinkAbout1982 City Council Minutes
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PAGE 318
REGULAR MEETING - DECEMBER 28, 1981
VOLUME 19
XIII.
COUNCIL DISCUSSION: (Cont' d)
D. Swartz commended the Street Department for getting out
and correcting the icy conditions of the roads.
E. Cripps stated that he had attended the December 22, 1981
Mayor's meeting in Soldotna and had been favorably impressed by Anchorage
Mayor Tony Knowles. He noted that a report on the meeting had been
drafted and would be distributed to Council by the Clerk's office.
XIV. CITIZENS' DISCUSSION:
SISTER CITY: A. Brent Whitmore appeared from the audience and read a
letter from Mayor Tomoto of Obihiro, Japa~ which he had received along
with several drawings and watercolors done by school children in Obihiro.
He stated that he would be visiting the Seward schools with the paintings
with the idea of displaying the Japanese art and encouraging local youth
to submit some Alaskan art to send to Obihiro.
xv. ADJOURNMENT:
The meeting was adjourned at 9:35 p.m. and, after a short
recess, the Council went into executive session to discuss a financial
matter.
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Donald W. Cripps
Mayor
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PAGE 318
REGULAR MEETING - JANUARY 11, 1982
VOLUME 19
I.
CALL TO.ORDER:
The January 11, 1982, regular meeting of the Seward City
Council was called to order at 7:31 p.m. by Mayor Cripps.
II. OPENING CEREMONY:
Councilmember Meehan led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Cripps; Councilmembers Campbell, Meehan,
O'Brien, Soriano and Swartz (Absent, with
Council consent, was Councilmember Burgess)
Present also: City Manager Johnson, City Attorney Hughes,
Assistant City Manager Schaefermeyer, City
Clerk Shanley and Deputy City Clerk Murphy
IV. APPROVAL OF MINUTES:
It was moved by Campbell, seconded by Meehan and unanimously
carried by all those present to approve the regular meeting minutes of
December 28, 1981, as written.
PAGE 319
REGULAR MEETING - JANUARY 11, 1982
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following changes be made to
the regular meeting agenda:
XII. City Manager Reports:
I
B. 4th of July Creek stream relocation contract cost
overruns and final project payment to Chris Berg
in the amount of $82,411
C. DELETE Arctic Environmental Engineers' request to
increase the not-to-exceed cost figure of the
sewage treatment project contract
C COUNCIL: City Manager introduced Kathy Bottcher, senior at Seward High
School, and recommended that Ms. Bottcher be appointed an honorary
junior Councilmember. Following discussion, it was moved by Swartz,
seconded by Campbell and unanimously carried by all those present to
approve Kathy Bottcher as an honorary member of the City Council.
Following discussion, it was moved by Soriano,
0' Brien and unanimously carried by all those present to
regular meeting agenda as amended and the consent calendar
and the following actions were taken:
seconded by
approve the
as presented
ELECTRIC DEPT:
1.
January 6, 1982, letter from the City Manager to Homer
Electric Association regarding the Bradley Lake Railbelt
Intertie was noted for information and filed.
SISTER CITY:
2.
Draft itinerary for the first Seward Trade Mission to
Japan was noted for information and filed.
I ABC B:
3.
December 23, 1981, and January 4, 1982, letters from the
Alcoholic Beverage Control Board, noticing of the filing
of renewal liquor license applications for the following
local establishments were noted and filed without
objection:
American Legion Club Post 5
Dorothy's Cocktail Lounge
Pioneer Bar & Liquor Store
Tony's Bar & Liquor Store
Palace Saloon & Hotel
Harbor Dinner Club
BPO Elks Lodge #1773
Breeze Inn
Yukon Bar
AIRPORT:
4.
Application of North Pacific Airlines, Inc., for a
Certificate of Public Convenience and Necessity for
service to Seward, received January 4, 1982, was filed
without objection.
XII. CITY MANAGER REPORTS: (Taken out of order by Mayor, with
Council consent)
ELECTRIC
DEPT: D. January 5, 1982, memorandum from City Engineer Small
regarding PCB levels in the Seward Electric System's transformers was
noted. Small appeared from the audience and introduced Lynn King, Vice
President, Energy & Environment Research Group Inc. Small explained
that recent EPA regulations required the testing and clean up of the
transformers and King's firm was the only enterprise in Alaska that was
licensed to perform the job. King appeared from the audience and spoke
on the history of the carcinogen PCB and the process which would be
followed to clean up Seward's transformers to meet the Federal
requirements of a PCB level less than 50 ppm.
I
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PAGE 320
REGULAR MEETING - JANUARY 11, 1982
VOLUME 19
XII. CITY MANAGER REPORTS: (cont'd)
ELECTRIC DEPT: In response to an inquiry from Cripps, City Attorney
(cont'd) stated the Code provisions allowed the Council to act without following
bidding procedures when a contract for professional services was being
considered. Meehan and Soriano voiced support for removing all PCB
contaminants from the transformers rather than just meeting the EPA
requirements. Campbell suggested the City Engineer continue the
compilation of cost figures for the clean up process and report back to
Council at its next meeting. Following discussion, City Manager
confirmed the administration would complete a report on the proj ect' s
monetary considerations for Council review at its next regular meeting.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly
Schaefermeyer gave a verbal report on the
January 5, 1982.
Representative Darryl
Assembly meeting of
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be
heard.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
B. Ordinances for Public Hearing and Enactment:
PUBLIC UTILITIES/
ORDS:
1. Copies being made available to the public, Cripps
noted by title only proposed ordinance regarding utility regulations,
entitled:
Creating Chapter 22 of the Seward City Code,
Repealing Chapters 9, 12, 22 and 24 of the
Seward City Code
"Notice of Public Hearing" as published two times in the local newspaper
and posted as required by Code provisions, was noted. Public hearing
was opened on the proposed ordinance. Don Coisman appeared from the
audience and objected to the utility rates charged apartment owners even
when the rental units were vacant. In response, City Attorney confirmed
that the ordinance under consideration did not deal with utility rate
structures and that all City utility rates were established by Council
resolution. City Manager confirmed the administration supported
enactment of the ordinance. 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 Campbell and
unanimously carried by all those present to enact Ordinance No. 504.
BUILDING DEPT/
ORDS: noted
codes,
2.
by title
entitled:
Copies being made available to the public, Cripps
only proposed ordinance regarding the City building
Creating Chapter 6 of the Seward City
Code, Repealing Chapters 6, 13, and 18
of the Seward City Code
"Notice of Public Hearing" as published two times in the local newspaper
and posted as required by Code provision, 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. City Attorney
stated that the proposed ordinance did not change any current Code
provisions but only combined into one chapter various references to
PAGE 321
REGULAR MEETING - JANUARY 11, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (cont'd)
BUILDING
ORDS:
(cont'd)
DEPT/
B. Ordinances for Public Hearing and Enactment: (cont'd)
standardized housing, building and utility codes.
it was moved by Campbell, seconded by Swartz and
all those present to enact Ordinance No. 506.
Following discussion,
unanimously carried by
I
C. Resolutions: None
X.
UNFINISHED BUSINESS:
None
RECESS:
The meeting was recessed at 8:30 p.m.; reconvened at 8:40 p.m.
XI.
NEW BUSINESS:
C CLERK:
A. Cripps confirmed the City Clerk had submitted her letter
of resignation, effective March 5, 1982. It was moved by Soriano,
seconded by Swartz and unanimously carried to accept the City Clerk's
resignation.
XII. CITY MANAGER REPORTS:
A R R:
A. City Manager distributed letter dated January 6, 1982,
from City Attorney Arvidson, regarding the legal ramifications of the
City allowing an amendment to the Chris Berg contract to provide for
dredging of The Alaska Railroad property, and recommending against such
City action. City Manager briefly reviewed the City Attorney's advisory
opinion.
I
4TH OF
CREEK
AREA:
JULY B. City Manager distributed memorandum dated
January 11, 1982, from City Engineer Small, regarding the 4th of July
Creek relocation contract and requesting approval of the final pay
request, requiring Council approval of an additional $82,411 to the
contractor. Following discussion, it was moved by Soriano, seconded by
O'Brien and unanimously carried by all those present to authorize the
City Manager to pay Chris Berg $82,411 pursuant to Request for Payment
No. 10, for the 4th of July Creek stream relocation.
C. Discussion of Arctic Environmental Engineers I request to
increase the not-to-exceed cost figure of the sewage treatment project
contract was deleted from the agenda.
D.
Page 319.)
(Taken out of order by Mayor, with Council consent. See
E.
development of
be used in all
City Attorney briefly reviewed
a standard contract for professional
contract situations in the future.
the administration's
services which would
F. City Manager confirmed the City had received the notice to
proceed on the Marathon hydroelectric project.
G. City Manager reported he would be travelling to Juneau
later in the week and would return to Seward on Friday, January 15.
I
XIII.
COUNCIL DISCUSSION:
C MANAGER: A. Cripps briefly reviewed the procedure which had been
followed to recruit and review applicants for the City Manager vacancy
which would be occurring in February when City Manager Johnson retires.
He stated 22 applications had been received in a timely manner and
Council had met in a work session and selected to interview four of the
applicants. Cripps stated his subsequent vote on the selection in no
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PAGE 322
REGULAR MEETING - JANUARY 11, 1982
VOLUME 19
XIII.
COUNCIL DISCUSSION: (cont'd)
C MANAGER:
(cont'd)
reflected upon personalities. Soriano stated after reviewing all the
applications, the qualifications of Keith Campbell far surpassed any of
the other applicants. Following discussion, it was moved by Soriano,
seconded by O'Brien, but did not carry as follows, to make an exception
to Sec. 2.3 of the Charter and that Keith Campbell be appointed as City
Manager:
Ayes:
Noes:
Abstain:
Absent:
Meehan, O'Brien and Soriano
Cripps and Swartz
Campbell
Burgess
In response to a question from O'Brien, Cripps stated he based his
opinion on the City Charter requirement that the successful candidate
have municipal administrative experience and he felt another applicant
was more qualified than CampbelL Swartz responded although she had
cast a negative vote she did not have strong feelings about any
applicant interviewed but would like the Council to readvertise the
position. Following lengthy discussion, it was moved by Soriano,
seconded by 0' Brien and carried as follows to hold a special Council
meeting on Tuesday, January 12, 1982, commencing at 6:00 p.m., in order
to further discuss the City Manager selection:
Ayes:
Noes:
Abstain:
Absent:
Cripps, Meehan,
None
Campbell
Burgess
O'Brien, Soriano and Swartz
B. O'Brien referred to the earlier discussion regarding the
presence of PCB in the City's electrical transformers and the procedure
which would correct the situation. In response to his question, City
Manager and City Engineer Small stated it was important for the City to
proceed with the clean up process. Small estimated that to clean up the
transformers where no trace of PCB remained would cost $80,000 to
$90,000 but a more accurate report would be submitted at a later meeting
of the Council.
C. Swartz questioned if the City could install lights near
the ball fields so people could ice skate. Utilities Manager Small
stated a lighted ice skating area had been developed on Ba1laine Blvd.
XIV. CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be
heard.
XV. ADJOURNMENT:
The meeting was adjourned at 9:16 p.m.
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Donald W. Cripps '
Mayor
PAGE 323
SPECIAL MEETING - JANUARY 12, 1982
VOLUME 19
I.
CALL TO ORDER:
The January 12, 1982, special meeting of the Seward City
Council was called to order at 6: 00 p. m. by Mayor Cripps. "Notice of
Special Meeting" as posted and distributed, pursuant to City Code
provisions, was noted.
I
II.
OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
II I. ROLL CALL:
Present were: Mayor Cripps; Councilmembers Campbell, Meehan,
O'Brien, Soriano and Swartz (Absent, with
Council consent, was Councilmember Burgess)
Present also: City Manager Johnson, City Clerk Shanley and
Deputy City Clerk Murphy
IV.
SPECIAL ITEM:
C MANAGER:
A. Cripps commented that Council was meeting for the sole
purpose of selecting a City Manager and, with Council consent, confirmed
that the meeting was not a public hearing and no public testimony would
be taken. Cripps reviewed relative sections of Robert's Rules of Order
regarding motion reconsideration. Further, he read in full the Oath of
Office taken by all Councilmembers when sworn in to their positions. He
also referenced Sec. 5.4 of the City Charter, quoting subsection (a)
which states:
I
The city manager shall be chosen solely on the
basis of his demonstrated administrative quali-
fications, with particular emphasis on his train-
ing and experience as a professional municipal
administrator.
He stated the evidence was presented to explain his negative vote when
the motion was made the previous evening to appoint C. Keith Campbell to
the City Manager position.
O'Brien responded that in his op~n~on Campbell had the
necessary demonstrated municipal administrative experience due to his
years of service on the Council and Kenai Peninsula Borough Assembly.
O'Brien commented on the critical developmental stage which Seward was
experiencing and supported Campbell as the most qualified applicant for
the chief administrative position for the City. He stated Council
should be embarrassed to find itself in such an indecisive position.
Meehan voiced agreement with O'Brien's statements and supported Campbell
as the most qualified applicant for the City Manager position.
Following discussion, it was moved by Soriano, seconded by O'Brien but
did not carry as follows to make an exception to Sec. 2.3 of the City
Charter and that Keith Campbell be appointed as City Manager:
I
Ayes:
Noes:
Abstain:
Absent:
Meehan, O'Brien and Soriano
Cripps and Swartz
Campbell
Burgess
RECESS:
The meeting was recessed at 6:10 p.m.; reconvened at 6:15 p.m.
Cripps stated the Council was apparently at an impasse
and the alternatives seemed to be to readvertise the position, select
another candidate, or recall the Councilmembers who did not represent
the majority of the Seward citizenry. He recommended that further
action on the issue be delayed until Burgess was present to participate
in the decision-making process (Burgess was out of town and did not
interview any of the applicants.).
PAGE 324
SPECIAL MEETING - JANUARY 12, 1982
VOLUME 19
IV.
SPECIAL ITEM:
(cont'd)
C MANAGER:
(cont'd)
0' Brien stated the Council's present position was
detrimental to the City and since there were three members who had
strong feelings about the abilities and qualifications of C. Keith
Campbell, he urged one more member to vote in favor of Campbell to
resolve the situation. Following discussion, it was moved by Meehan,
seconded by Soriano, but did not carry as follows to make an exception
to Sec. 2.3 of the City Charter and that Keith Campbell be appointed as
City Manager:
Ayes:
Noes:
Abstain:
Absent:
Meehan, O'Brien and Soriano
Cripps and Swartz
Campbell
Burgess
It was noted that the issue would again be considered at
the regular Council meeting scheduled for January 25, 1982.
V.
ADJOURNMENT:
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was adjourned at 6:19 p.m.
I i / 6
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Donald W. Cripps
Mayor
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PAGE 324
SPECIAL MEETING - JANUARY 18, 1982
VOLUME 19
I.
CALL TO ORDER:
The January 18, 1982, Special Meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Cripps.
II. OPENING CEREMONY:
Councilmember Meehan led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Cripps; Councilmembers Campbell, Meehan,
O'Brien, Soriano and Swartz. (Absent with
Council consent was Counci1member Burgess)
Present also: City Manager Johnson, City Attorney Arvidson,
City Clerk Shanley and Deputy City Clerk Murphy
C MANAGER:
I
C MANAGER:
C MANAGER:
I
I
PAGE 325
SPECIAL MEETING - JANUARY 18, 1982
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VOLUME 19
IV.
SPECIAL ITEM:
A. It was noted that this Special Meeting was called to
further discuss the selection of a new City Manager. Campbell, one of
the four applicants being considered for the position, withdrew his
application, stilt ',ng that it was most important that the City present a
united front in Juneau at this time, and that his decision to withdraw
was based on reuniting the Council to accomplish this task.
Soriano quoted Sec. 2.20.120 (c) and (d) of the Seward
City Code concerning rules of debate. He reviewed the process that had
been followed during the last two meetings which led to Campbell's
withdrawal, and stated that Council was now left in the awkward position
of trying to decide what to do next. Soriano went on to state that
there were outside influences trying to dictate the affairs of the City
and asked that the people demand to know why Campbell was even
considered for the position of City Manager if there were members of
Council who did not consider him qualified.
O'Brien and Meehan concurred with Soriano's statements.
Cripps and Swartz each stated that they had voted their consciences. It
was moved by Meehan, seconded by Soriano and unanimously carried by all
those present that the City Council of the City of Seward instruct the
Mayor to ask City Manager Johnny Johnson one final time if he would
consider withdrawing his resignation.
Cripps asked Johnson to continue on as City Manager for
an indefinite period of time. Johnson responded by saying that he had
been upset by the division he had seen on the Council and he feared that
everything the City had worked to accomplish was coming unglued. He
added that he too had received calls from Juneau asking what was going
on in Seward and warning that if Seward wanted to get the funding it had
requested they must present a united front and resolve the City Manager
issue. Johnson agreed to withdraw his resignation under the condition
that he be given a minimum of 90 days notice before being involuntarily
dismissed and that he be allowed to take some leave time immediately.
It was moved by O'Brien, seconded by Soriano and unanimously carried by
all those present to accept the withdrawal of Mr. Johnson's resignation.
O'Brien stated that Johnson deserved a round of applause
for his decision to stay on as City Manager; Council and audience alike
responded with same.
V.
CITIZEN'S DISCUSSION:
A. Jim Ohmer appeared from the audience and commended
Johnson for the good job he had done for Seward. He then stated that he
felt that Campbell would be the best man for the job, adding that it
would take someone from outside the City at least six months to know
what was going on.
B. Campbell, with Council consent, requested a work session
be scheduled Tuesday, January 19, 1982, at 6:00 p.m. for a meeting of
the Seward General Hospital Board and the City Council.
C. Ron Lewis appeared from the audience and commended
Campbell for making the decision to withdraw his application, thereby
reuniting the Council, and Johnson for withdrawing his resignation.
VI.
ADJOURNMENT:
was adjourned at
8:17 p.m.
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Donald W. Cripps '
Mayor
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(City S~al)
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PAGE 326
REGULAR MEETING - JANUARY 25, 1982
VOLUME 19
I.
CALL TO ORDER:
The January 25, 1982, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Vice Mayor Campbell.
I I. OPENING CEREMONY:
Counci1member 0' Brien led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Vice Mayor Campbell; Councilmembers Burgess,
Meehan, 0' Brien, Soriano and Swartz (Absent
with Council consent was Mayor Cripps)
Present also: Acting City Manager Schaefermeyer, City At-
torney Arvidson, City Clerk Shanley and Deputy
City Clerk Murphy
IV. APPROVAL OF MINUTES:
It was moved by Swartz, seconded by Burgess and unanimously
carried by all those present to approve the regular meeting minutes of
January 11, and the special meeting minutes of January 12 and 18, 1982,
as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
It was moved by Soriano, seconded by O'Brien and unanimously
carried by all those present to hold an executive session immediately
following the regular meeting to discuss a personnel matter.
Acting City Manager requested the following additions be made
to the regular meeting agenda:
IX. ORDINANCES AND RESOLUTIONS:
C. Resolutions:
1. Proposed Resolution No. 82-1, concerning re-
ductions in State employment security services
2. Proposed Resolution No. 82-2, accepting a grant
offer from the State for an industrial water
main extension
XII. CITY MANAGER REPORTS:
F. Projected request for electric rate increase for the
City
G. Proposed Fourth of July Creek fisheries mitigation
monitoring contract with CenturyfQuadra
H. Proposed joint proclamation between the Chamber of
Commerce and the City Council supporting the efforts
of "Alaska 1984"
It was moved by O'Brien, seconded by Meehan 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:
LOCAL ORGS:
1.
Application for authorized games of skill and chance as
submitted by Sacred Heart Parish for CY 1982 was filed
without objection
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PAGE 327
REGULAR MEETING - JANUARY 25, 1982
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd)
ABCB:
2.
January 13, 1982, letter from Alcoholic Beverage Control
Board noticing of application for renewal of liquor
license for 1982, as filed by the Hini Mall was filed
without objection
I ELECTRIC,
AIRPORT:
3.
December, 1981 progress report for Grant Lake Feasibility
Analysis as prepared by Alaska Power Authority was noted
for information only and filed
4.
Amendment and Supplement of Application for Public Con-
venience and Necessity, dated January 20, 1982, as filed
by North Pacific Airlines, Inc. was noted for information
only and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninusla Borough Assembly Representative Darryl
Schaefermeyer gave a verbal report on the Assembly meeting of January
19, 1982.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
I
Connie Bencardino, Century 21 sales representative, appeared
from the audience, introduced Broker Ken Calhoon and distributed to the
Council a written presentation outlining her company's proposals for
marketing Terminal Addition Subdivision. Calhoon briefly outlined the
benefits of having his firm represent the City in selling Terminal
Addition parcels.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
AK,ST.OF/
RES: available
resolution
1. Copies having been distributed to Council
to. the public, Campbell noted by title only
regarding the State employment offices, entitled:
and made
proposed
Resolution of the City Council of the City
of Seward, Alaska, Concerning Reductions in
Employment Security Services.
I
City Attorney noted that he had prepared the resolution at Council's
request. He went on to say that after researching the matter, he had
discovered that Federal funds had been reduced causing the termination
of some 28 employees of the State Department of Labor, and that there
was a possibility of more cut backs in the future if the State failed to
provide supplemental assistance to maintain the current level of service
provided by the Department of Labor. Following discussion, it was moved
by Swartz, seconded by Meehan and unanimously carried by all those
present to approve Resolution No. 82-1.
ARR/RES: 2. Copies having been distributed to Council and made
available to the public, Campbell noted by title only proposed
resolution regarding a grant to install a water line to service the
State grain terminal to be located adj acent to the Alaska Railroad dock,
entitled:
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PAGE 328
REGULAR MEETING - JANUARY 25, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
ARR/RES (Cont'd):
C. Resolutions: (Cont'd)
4th OF JULY
CRK.AREA:
4th OF JULY
CRK.AREA:
OTS/BLDG
A Resolution Accepting a Grant Offer From
the State of Alaska, Department of Environ-
mental Conservation for an Industrial Water
Main Extension.
Acting City Manager noted that the $100,550 grant had to be formally
accepted by March, 1982. He added that accepting the grant offer would
not obligate the City to complete the grain facility project: matching
funds for the grant were being provided by the Office of the Governor
Agriculture Action Council and no City funds were required for the
capital project. Following discussion, it was moved by Soriano,
seconded by Burgess and unanimously carried by all those present to
approve Resolution No. 82-2.
x.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
None
XII. CITY MANAGER REPORTS:
A. January 20, 1982, letter from Century/Quadra Engineers
to City Engineer Small regarding Fourth of July Creek Relocation cost
overruns was noted. Acting City Manager referred to the letter in
assuring Council that the City would not be billed for additional costs
caused by survey discrepancies which caused the overruns. In response
to a question from O'Brien, City Engineer Small appeared from the
audience and stated that the City had not been billed for the cost
overruns, but that in-house costs had totalled about $4500. Further
discussion on the in-house costs were scheduled for January 26, when
Century representatives were to be in Seward. Campbell expressed his
appreciation to the City Engineer and staff for the attention they had
given to resolution of the matter.
B. January 20, 1982, memorandum to the City Manager from
City Engineer Small regarding the site utilities transmission line for
Fourth of July Creek area and attached proposal from CH2M Hill for the
design work was noted. Acting City Manager requested Council approval
to negotiate with CH2M Hill for a contract in an amount not to exceed
$35,000. City Engineer appeared from the audience and explained that
three firms had been contacted, but CH2M Hill was the only one to
respond with a proposal, and that he considered their estimate of
$58,304 too high. In response to a question from Swartz, he explained
that if the City failed to negotiate down to $35,000, the design work
would possibly be done in-house, delaying other projects by several
months. Campbell noted that the utility line extension was the last of
the infrastructure which the City was required to provide before VECO
began its construction. Burgess stated that he felt that the City
should solicit other bids for the project before deciding on a firm.
Following discussion, it was moved by Soriano, seconded by Meehan and
carried as follows to authorize the City administration to enter into a
contract not to exceed $35,000, with CH2M Hill for the Fourth of July
Creek area :
AYES:
Meehan, O'Brien, Soriano, Swartz and
Campbell
Burgess
Cripps
NOES:
ABSENT:
DEPT:
Andrews'
Townsite,
C. January 19, 1982, report from the State Fire Marshal on
Army Store located on Lots 23 and 24, Block 16, Original
was noted. Acting City Manager distributed January 20, 1982,
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PAGE 329
REGULAR MEETING - JANUARY 25, 1982
VOLUME 19
XII.
CITY MANAGER REPORTS:
(Cont'd)
memorandum from Building Inspector Watsjold, requesting that special
attention be paid to Watsjold's assessment that the building should be
classified as dangerous. Acting City Manager requested that since the
City Attorney had not had an opportunity to review the matter, further
discussion be continued until the February 8, 1982, regular meeting when
a detailed report on the City's responsibilities would be outlined for
I Council.
PERS.PROPERTY: D. Acting City Manager noted that the City had solicited
bids from several Alaskan car dealerships in December for the purchase
of three pick-ups to be used in the construction management effort at
Fourth of July Marine Industrial Center. Four bids had been received,
with Alaska Sales and Service the apparent low bidder with a bid in the
amount of $21,353.94. The City had then deleted the Ziebart
rustproofing from the contract and had added step-up bumpers, changing
the bid amount to $21,173.94. Following discussion, it was moved by
O'Brien, seconded by Swartz and unanimously carried by all those present
to authorize the City Manager to buy three vehicles from Alaska Sales
and Service at $21,134.94.
OTS/
BLDG DEPT
(Cont'd):
C. HALL:
E. Acting City Manager noted that due to the need for more
office space to house the City Engineering Department, the City had
solicited bids locally in December for a one-year lease of 600 sq. ft.
of office space. Three bids had been received, with Pat O'Brien being
the apparent low bidder with a bid of $0.77 per sq. ft of usable office
space as opposed to bids from Don Coisman and Seward Real Estate at
$0.83 and $1.03 per sq. ft. of usable office space respectively. The
administration recommended that Council accept the bid as submitted by
O'Brien. Following discussion, it was moved by Soriano, seconded by
Meehan and carried as follows to authorize the City Manager to enter
into a contract with Pat O'Brien for office space for the sum of $548
per month with a 60 day cancellation clause:
I
AYES:
Burgess, Meehan, Soriano, Swartz and
Campbell
None
O'Brien
Cripps
NOES:
ABSTAIN:
ABSENT:
ELECTRIC DEPT: F. Acting City Manager noted that a price quote in the
amount of $78,394.12, had been received from Energy and Environment
Research Group, Inc. for the PCB clean-up of the City's transformers.
He added that while there was a $100,000 reserve amount in the utility
fund, a rate increase would be necessary to maintain the 1.5% reserve
required for the City's bonded indebtedness. City Engineer Small
appeared from the audience and presented Council with proposed rate
increases for City electrical service. He suggested that those
residents outside the City be charged a higher rate for meter service,
but that the rate per kw hour be the same inside and outside the City.
O'Brien disagreed saying that it cost the City more to service those
residents outside the City and the rate of return was not as great since
those same residents tended to use less electricity. In response to a
question from Soriano, Small explained that the City crews were not
driving out of town very often and that most service calls could tie in
with regular calls for meter reading. City Attorney explained that
I while a rate increase required a resolution, a public hearing was not
legally required, but the City traditionally held public hearings
whenever such a rate change was being considered. Campbell, with
Council consent requested that a public hearing be scheduled for the
regular meeting of February 8, 1982. In response to a question from
Campbell, City Engineer stated the proposed rate increase did not take
into consideration Chugach Electric's amended wholesale true-up bills
for past years' power consumption.
DuU
4TH OF JULY
CRK AREA:
PAGE 330
REGULAR MEETING - JANUARY 25, 1982
VOLUME 19
XII. CITY MANAGER REPORTS: (Cont'd)
G. Acting City Manager advised Council that a requirement of
the permit the City received in connection with the Stream Relocation
project at Fourth of July Creek was that the City mitigate the fisheries
habitat lost with the stream relocation and further that the City
monitor the mitigation project for four years. He added that the City
had received a proposal from Century/Quadra Engineers to provide
consulting services for this project for the sum of $7000. City
Engineer Small appeared from the audience and explained that while the
City could provide for most of the monitoring requirements in-house, it
would be necessary to go outside the City for the personnel and
equipment to set up the monitoring process. Following discussion, it
was moved by Soriano, seconded by O'Brien and unanimously carried by all
those present to authorize the administration to enter into a contract
with CenturyfQuadra for the sum of $7,000.
PROCLAMATIONS: H. Acting City Manager distributed copies of a proposed
joint proclamation between the Chamber of Commerce and the City Council
of the City of Seward designating the year 1984 as the silver
anniversary of Alaska statehood and supporting the efforts of "ALASKA
1984". Following discussion, it was moved by Soriano, seconded by
Meehan and unanimously carried by all those present to approve the
proclamation for "ALASKA 1984".
P&Z COMM:
P&Z COMM:
XIII.
COUNCIL DISCUSSION:
A. City Clerk noted the terms of Planning and Zoning
Commissioners Raya Williams and Douglas Capra were scheduled to expire
in Feburary, 1982 and that both Commissioners had requested
reappointment to a 3-year term. Campbell, with Council consent,
reappointed Douglas Capra and Raya Williams to three-year terms on the
Seward Advisory Planning and Zoning Commission, with their terms
expiring February, 1985.
B. January 14, 1982, unapproved minute order from the
regular Seward Advisory Planning and Zoning Commission meeting of
January 13, 1982, stating the Commission's unanimous decision to go on
record as opposed to Kenai Peninsula Borough Ordinance No. 81-2,
delegating municipal zoning powers to the cities of the borough at the
option of each municipality was noted. Campbell and Acting City Manager
commented on City Administration's opposition to the ordinance stating
the City would not be provided funding to finance the zoning functions
and the borough assembly was reserving the right to rescind any zoning
powers granted the City. On the recommendation of the Acting City
Manager, Campbell, with Council consent, directed the administration to
forward a letter to Borough Mayor Stan Thompson and the Kenai Peninsula
Borough Assembly voicing the City of Seward's opposition to Ordinance
No. 81-2.
TERMINAL ADD: C. January 14, 1982, unapproved minute order from the
regular Seward Advisory Planning and Zoning Commission meeting of
January 13, 1982, regarding subdivision and street names for the
Terminal Addition subdivision; the Kenai Peninsula Borough standardized
street naming plan; and lists compiled from the Daily Gateway of names
of the first landing party and vessels which landed in Seward during the
first decadewerenoted. It was further noted that the Advisory Planning
and Zoning Commission had recommended that the street names be taken
from the names of the vessels landing in the port of Seward between 1904
and 1911. Swartz and O'Brien stated that while the names of the vessels
were nice, they felt that the City should honor the founding fathers by
naming the streets for them. Acting City Manager reminded Council that
there was no need to make a final decision at this time. Campbell, with
Council consent, continued discussion of this matter until the February
8, 1982, meeting.
SGH:
I
ABCB:
I
C.CLERK:
LEG. REPS:
I
PAGE 331
REGULAR MEETING - JANUARY 25, 1982
VOLUME 19
XIII.
COUNCIL DISCUSSION: (Cont'd)
D. Campbell referenced the work session held January 19,
1982 between the Seward General Hospital Board and the City Council
regarding the financial position of hospital and the proposed transfer
of the hospital's accounting functions to the City in order to
streamline the process and cut costs. He estimated that this would
result in a 50-60% savings in accounting costs to the hospital.
Following discussion, it was moved by Soriano, seconded by Swartz, and
carried as follows to authorize the transfer of accounting functions
from Seward General Hospital to the City of Seward and the details to be
worked out later:
AYES:
Burgess, Meehan, O'Brien, Soriano and
Swartz
None
Campbell
Cripps
NOES:
ABSTAIN:
ABSENT:
Campbell abstained due to the fact that he is Administrator of the
hospitaL
Campbell, with Council consent, requested that a series
of public hearings, beginning February 8, be scheduled to discuss long
term financing for the hospital in the form of a pledge from the City
of 1 mill per year to be set aside for the hospital.
E. The following items were noted relative to the Flamingo
Lounge's request for a renewal liquor license for CY 1982:
January 13, 1982, letter from the State Alcoholic
Control Board noticing of application for renewal of
liquor license for 1982
January 20, 1982, memorandum from the
Department concerning overdue balance owed
by Billy Casey and the Flamingo Lounge
Finance
the City
Signed agreement between City Engineer SMall and
Casey in which Casey promised to settle the account
with weekly installments
In response to a question from O'Brien, Small appeared from the audience
and stated that he was satisfied with the arrangements made with Casey,
and the letter and application were filed without objection.
F. Campbell noted the recent resignation of the City Clerk
and the need for Council to fill the vacancy. It was moved by Soriano,
seconded by 0' Brien and unanimously carried by all those present to
appoint Linda Murphy City Clerk upon JoAnne Shanley's termination.
G. City Clerk noted that Bette Cato would hold her first
Legislative Constituent meeting at 6:00 p.m. on Tuesday, January 26,
1982, and on the second and fourth Tuesday of each month thereafter at
6:00 p.m.
H. Campbell noted that Seward had received $4 million from
the legislature for the Fourth of July Creek Marine Industrial Center.
XIV.
CITIZENS' DISCUSSION:
None
1,\ <} I)
,; ,
PAGE 332
REGULAR MEETING - JANUARY 25, 1982
VOLUME 19
xv. ADJOURNMENT:
The meeting was adjourned at 9:05 p.m. and, after a short
recess, the Council went into Executive Session to discuss a personnel
matter.
(City Seal)
"
-~~'~------~----~:~;~--------------------------------------------------
, "
" ';.(.(z2-;~<...~_b'<'
PAGE 332
REGULAR MEETING - FEBRUARY 8, 1982
VOLUME 19
I.
CALL TO ORDER:
The February 8, 1982, regular rreeting of the Seward City
Council was called to order at 7: 30 p.m. by Mayor Donald W. Cripps.
II. OPENING CERllDNY:
Councilrrember Burgess led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilrrembers Burgess,
Campbell, ~ehan, 0' Brien, Soriano and SWartz.
(Absent was Junior Councilrrember Bottcher)
Present also: Acting City Manager Schaeferrreyer, City
Attorney Arvidson and Deputy City
Clerk Murphy
IV. APPROVAL OF MINUTES:
~ehan noted that the January 25, 1982, regular rreeting
minutes, Page 331 of Volurre 19, Line 11 of Item E under COUNCIL
DISCUSSIrn, should read "with weekly install1rents". Follo.ving
discussion, it was rroved by O'Brien, seconded by Campbell and
unanirrously carried to approve the January 25, 1982, regular rreeting
minutes as corrected.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEEI'ING AGENDA:
It was IlDved by Soriano, seconded by O'Brien and unanirrously
carried to rreet in executive session to discuss a personnel matter
irmediately follo.ving the close of regular business.
..) .. \ ..)
, ) ,. ~ , )
PAGE 333
REGULAR MEETING - FEBRUARY 8, 1982
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd)
Acting City Manager requested the following additions be made
to the Consent Calendar:
3.
Applications for Authorized File without objection
Garres of Chance and Skill
for Calendar Year 1982, as
filed by the Arrerican Legion
Auxiliary and the Seward
Warren I s Bowling Association
I
Acting City Manager requested the following additions be made
to the regular rreeting agenda:
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
B. Request from Bill and Eleanor M::Donald for
pennission from Council allowing placerrent of
trailers at =nstruction site leased by Chris
Berg, Inc.
IX. ORDINANCES AND RFSOLUTIONS:
C. Resolutions:
2. Proposed Resolution No. 82-4, accepting a
$4,000,000 grant from the State for the
Fourth of July Creek Marine Industrial
Park
XII. CITY MANAGER REPORI'S:
I
D.
Approval of payment in the arrount of $13,400 to
Ken Wray Printing for the printing of the
Marine Industrial Park brochures
It was rroved by Carrpbell, seconded by Swartz and unanirrously carried to
approve the regular rreeting agenda and the =nsent calendar as arrended,
and the following actions were taken:
AIRPORT:
1.
January 20, 1982, amended service list as submitted by
North Pacific Airlines, Inc., was noted for information
and filed.
PARKS & REC:
2.
January 27, 1982, letter to Borough Mayor Thompson
concerning a corrmmity recreation sports complex was
noted for information and filed.
LOCAL ORGS:
3.
Applications for Authorized Garres of Skill and Chance for
Calendar Year 1982, as filed by Arrerican Legion Post #5,
Arrerican Legion Auxiliary and Seward Warren's Bowling
Association, were filed without objection.
ABCB:
4.
January 26, 1982, letter from State A1=holic Beverage
Control Board noticing of application for restaurant
designation as filed by the Mini Mall was filed without
objection.
I C ATTORNEY:
5.
January 19, 1982, invoice from Hughes, Thorsness, Gantz,
Powell and Brundin totalling $17,213.56, for legal
services rendered during December, 1981, was approved for
payment and filed.
.)., I
u u "
PAGE 334
REGULAR MEETING - FEBRUARY 8, 1982
VOLUME 19
VI. BOROUGH ASSll-1BLY REPORl':
Kenai Peninsula Borough Assembly
Schaeferrreyer gave a verbal report on the
February 2, 1982.
Representative Darryl
Assembly meeting of
VII. PUBLIC HEARINGS:
SGH: A. Notice of Public Hearing as published one time in the
local newspaper and posted was noted and the public hearing was opened.
John Iohse, President of the Board of Trustees of the Seward General
Hospital Association, appeared from the audience and explained the
hospital's financial picture as it had evolved over the past ten years.
Iohse explained that without the City's past assistance, the hospital
lNOuld not now be in existence. He went on to state that in an effort to
stabilize the financial position of the hospital, the Board had
discussed several alternatives including making the hospital a
department of the City; creating a hospital service area,which would man
turning over control or the hospital to the Borough, and the proposed
dedication of one mil of property tax to the hospital. Ruth McHenry,
member of the hospital board, appeared from the audience and discussed
the possibility of an endowment or a budgeted grant to the hospital, or
a combination of the two. In response to a question from Don McCloud,
Acting City Manager stated that one mil was equal to about $56,000 based
on the City's current tax base. Council1rernber SWartz stated that she
was in favor of a one percent sales tax since this tax would be shared
by everyone, not just the property owners in the City. Don McCloud and
John Sewall appeared from the audience and supported the idea of a sales
tax as opposed to a property tax. In response to a question from
Burgess, Schaeferrreyer explained that a one percent sales tax would be
equal to about 3J., mils. Bruce Sieminski appeared from the audience and
voiced his concern over the dedication of rronies to the hospital without
a third party review. Mayor Cripps explained that if the 1 mil was
dedicated to the hospital, one council1rernber would be appointed to the
hospital board to rronitor the spending of the funds and that the
financial position of the hospital lNOuld be reviewed every three years
to determine if the need for assistance still existed. Jean Cripps,
appearing from the audience, asked about the results of the last survey
conducted by the hospital board. McHenry replied that there had been 89
respondents with 45 favoring a sales tax, 6 favoring a property tax and
29 in favor of a Borough service area. Sewall asked if the funds
realized from one mil would be enough to cover the financial needs of
the hospital. Carrpbell explained that if present trends continued, the
hospital would need 3J.,-4 mils to break even, but if the numbers
improved, one mil would cover the expected deficit. He went on to state
that three rrore public hearings had been scheduled and that Council
looked forward to input from the public. There being no further
COIllTents from the audience, the public hearing was closed. Following a
request from Iohse, Cripps, with Council consent, scheduled a work
session between the hospital board and the City Council at 7:00 p.m. on
Monday, February 15, 1982.
ELECTRIC: B. Notice of Public Hearing as published one time in the
local newspaper and posted was noted and the public hearing was opened.
Acting City Manager noted that the City had received a 19 percent
increase in its wholesale electric rate from Chugach Electric
Association (CEA) in July, 1981, and the administration was now
proposing a 16 percent increase in electrical rates in answer to CEA's
true-up billing. In response to a question from Bruce Sieminski, City
Engineer Small appeared from the audience and explained that as of
March 1, the increase from CEA would total 43 percent, and the City was
merely passing along this increased cost to the public. O'Brien stated
PAGE 335
REGULAR MEETING - FEBRUARY 8, 1982
VOLUME 19
VII. PUBLIC HEARINGS: (Cont'd)
ELECTRIC:
(cont'd)
that according to the proposed figures, those people outside the City
\\Duld no longer be charged an extra 10 percent for electrical power, and
he felt that since the cost of providing and maintaining this service
outside the City was greater, custorrers living outside the City limits
should pay IIDre. Small disagreed, stating that the only increased cost
was in reading the rreters each IIDnth, and that the differential charged
for IIDnthly rreter rental IIDre than covered this cost. In response to a
question from Swartz, Finance Director Gale stated that there were
approximately 600 utility custorrers living outside the City limits.
Sieminski questioned why Seward utility custorrers pay IIDre per kilowatt
than Anchorage residents, and Acting City Manager explained that the
City of Seward pays IIDre for wholesale electrical power. There being no
further comments from the audience, the public hearing was closed.
I
VIII.
CITIZENS' DISCUSSION:
I
A. Don McCloud appeared from the audience an presented a
proposal to the Council that the City fund the purchase and installation
of a six by eight foot sign to be erected on the Seward Highway just
south of the cerretery. The sign, which would advertise school and
corrmuni ty events, would be provided by Alaska Sign and Lighting, and
M::Cloud estimated that the total cost to the City would be approximately
$6,000. He also stated that the school would bear the cost of
maintaining the sign after installation. Ethel Bottcher, appearing from
the audience, stated that since Seward's school is located in such an
isolated area, there is a real need for a sign on the highway pointing
the way for visitors to the City. In response to a question from
O'Brien, M::Cloud stated that the sign would be located on a State
right-of-way and that there would be no problem getting pemission to
place it there. Meehan asked if there had been any other quotes
obtained for similar signs; M::cloud answered that the only other
estimate was for a IIDre expensive sign constIucted of a very brittle
plastic which would break easily, and for this reason he had not
seriously considered this proposal. In response to a request from
O'Brien, Acting City Manager stated that he would investigate possible
funding sources and make a report to the Council at its regular rreeting
of February 22, 1982.
FOURTH OF JULY B. February 5, 1982, letter from William S. M::Donald,
CREEK President of Alaskan Barge and Salvage, Inc. requesting Council
AREAl pemission to place several trailers on a portion of their property
TRAILERS: which had been leased to Chris Berg, Inc. and which was located at the
end of Nash Road in the Fourth of July Creek area, was distributed to
the Council. City Attorney noted Section 21-10 of the Seward City Code
concerning the 90-day provision for the placerrent of a trailer at a
constIuction site. He went on to state that there was no provision in
the Code which would allow the Council to grant an exemption to this
90-day, one trailer limit, and further that Council' s only options were
to change the Code or have Chris Berg apply for a designation as a
trailer park. Don McCloud and Judy M::Donald appeared from the audience
and stated that, given the projected future for the Fourth of July Creek
area, construction canps would continue to be a problem, and an
ordinance allowing for them should be enacted by Council. M::Donald,
appearing from the audience, stated that he needed an answer to his
request imrrediately so that Chris Berg could begin constIuction. Cripps
suggested that Chris Berg I s representative rreet with the City Engineer
I and initiate the application process for designation as a trailer park.
Burgess asked the City Attorney to draft an ordinance for introduction
at the February 22, 1982, regular rreeting allowing the placerrent of
trailers at construction sites in the Fourth of July Creek Marine
Industrial Park area.
RECESS: The rreeting was recessed at 9: 11 p.m. and reconvened at 9: 25
p.m.
:<~G
PAGE 336
REGULAR MEETING - FEBRUARY 8, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactrrent:
None
C. Resolutions:
1. Copies having been made available to the public,
Cripps noted by title only proposed resolution entitled:
A Resolution Establishing Rates for
Electric Power.
It was rroved by O'Brien, seconded by Soriano and unaninously carried to
table proposed Resolution No. 82-3 and rrove it to Item No. 2 on the Vbrk
Session scheduled for MJnday night.
FOURTH OF
CREEK
AREA/
RES:
JULY 2. Copies having been distributed to Council and made
available to the public, Cripps noted by title only proposed resolution
accepting a $4,000,000 grant from the State of Alaska Departrrent of
Administration for the Fourth of July Creek Marine Industrial Park,
entitled:
A Resolution Approving the Receipt of a
Municipal Assistance Grant from the State
of Alaska for the Fourth of July Creek
Industrial Center.
It was rroved by Canpbell, seconded by Swartz and unaninously carried by
to approve Resolution No. 82-4.
X. UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
MARINA SUB: A. February 2, 1982, proposal from South Central Marine for
lease of property, located in Marina Subdivision, south of the U. S.
Park Service office in the Small Boat Harbor area, was noted. Acting
City Manager stated that the property in question was unplatted and had
not been appraised but estimated that the annual lease arrount, based on
carparable property in the area, would be approximately $0.24 per square
foot. Frank Bernard and Charles Collier appeared from the audience to
further explain their plans for the land if allov;red to lease it from the
City. FOllov;ring a suggestion from the Acting City Manager, Cripps, with
Council consent, directed the administration to draft a lease agreerrent
for consideration by South Central Marine and the Council and proceed
with the scheduling of public hearings on the proposed lease.
XII. CITY MANAGER REPORT'S:
ELECTRIC: A. January 22, 1982, proposal from Energy and Envirorurent
Research Group, Inc. (NRG) for the clean-up of the City's
PCB-contaminated transforrrers was noted. Acting City Manager
recormended Council approval of the $78,394.12 proposal. Burgess
objected to the language in the addendum on Page 6 of the proposal
stating that the City would be liable for malfunction of NRG's equiprent
during the sieving process. City attorney explained that the addendum
could be amended to read ".. .malfunction due to negligence on the part
PAGE 337
REGULAR MEETING - FEBRUARY 8, 1982
VOLUME 19
XII. CITY MANAGER REPORTS: (Cont'd)
ELECTRIC: of the City of Seward...". 0' Brien stated that it had been his
(con t ' d) understanding that NRG would bring the level of PCB in the transfonrers
to zero at no extra cost to the City, but according to the proposal,
they were guaranteeing to bring the levels of PCB to below the EPA
minimum requirerrent of 50 ppm. City Engineer SJt1all explained that it
was technologically irrpossible to rreasure below 5 ppm, and that NRG did
have the capability of bringing the levels that low. Following
I discussion, it was rroved by Meehan, seconded by Campbell and unanirrously
carried to accept the proposal as presented by Energy and Environrrent
Research Group, Inc. as recently a:rrended to read "... not rrore than 5
ppm...", and to change the liability clause, for PCB clean-up in the
amount of $78,394.12.
SEWAGE
TRMT:
B. January 14, 1982, letter from Kellogg Corporation and
attached contract engagerrent form for review of the City's sewage
treatrrent project were noted. Acting City Manager stated that he and
City Engineer had rret with representatives of Kellogg on several
occasions to discuss the review work that the City was requesting, and
this proposal was the result of those rreetings. This contract would
allow Kellogg Corp. to evaluate the performmce of the engineer as the
construction manager and the adequacy of the engineer's original design
of the waste water treatrrent system. Acting City Manager added that the
total cost of this review work would be under $6000. Following
discussion, it was JrOVed by O'Brien, seconded by Soriano and unanirrously
carried to authorize the administration to enter into a contract with
Kellogg Corporation for evaluation of the Sewage Treatrrent Plant in an
amount not to exceed $6000.
OTS/BLDG DEPT: C. January 26, 1982, letter to Rayrrond A. Gillespie,
attorney for Ralph Andrews, from the State Fire Marshal's office,
granting a 90-day extension for carpliance with the State's order to
correct deficiencies in Andrews' Arrrry Store, located on Lots 23 and 24,
I Block 16, Original Townsite of Seward, was noted. February 2, 1982,
rrerrorandtun from City Attorney outlining City's liability for failure to
enforce correction of deficiencies noted by the State and City
inspectors in the January 18, 1982, inspection of the building was
distributed to Council. Swartz stated that the building in question was
a public hazard, adding that even if the owner were forced to dismantle
the building, he would still own a very valuable piece of property.
Gillespie, appearing fran the audience, stated that he was not prepared
to state what Andrews' intentions were. Following discussion, it was
JrOVed by O'Brien, seconded by Campbell and carried as follows to table
this agenda item until the next meeting after the 90-day extension
granted by the State:
AYES:
Burgess, Campbell, Meehan, O'Brien,
Soriano and Cripps
Swartz
None
NOES:
ABSENT:
FOURTH
CREEK
AREA:
OF JULY D. Acting City Manager noted that an invoice had been
received from Ken Wray Printing in the amount of $5,800 for the printing
of the first 1000 copies of the Marine Industrial Park brochure. Due to
the popularity of the brochure, the administration was now requesting an
additional $7,600 for 2000 rrore brochures to be mailed to the citizens
of the Seward area and distributed, bringing the total amount being
requested to $13,400. Following discussion, it was JrOVed by O'Brien,
seconded by Soriano and unanirrously carried to authorize the
administration to pay Ken Wray for printing in the stun not to exceed
$13,400 for the Fourth of July brochures.
I
E. Acting City l-1anager stated that he had received a call
fran Don Grirres of First Southwest Company, financial advisors asking to
meet with the Council for lunch on M::>nday, February 15, 1982. Council
, , 'j c)
,.,,~
PAGE 338
REGULAR MEETING - FEBRUARY 8, 1982
VOLUME 19
XII. CITY MANAGER REPORTS: (Cont'd)
directed Schaefermeyer to arrange for a ti.m2 and place for the lunch
with the four Counci:Lmarnbers who would be able to attend.
F. Acting City Manager stated that Torkelson-Kellogg had
notified the City that representatives of Wheelabrator-Frye and Hyundai
Group would be travelling to Seward on February 16, 1982, with Chris
Sauer and would like to have lunch with the Council. Acting City
Manager was directed by Council to make the arrangerrents for the
meeting.
XIII.
COUNCIL DISCUSSION:
BEAR CREEK AREA/ A. January 20, 1982, letter from the Bear Creek Fire Service
FIRE DEPT: Area concerning IlU.ltual aid with the City of Seward was noted. February
8, 1982, rrerrorandum from Fire Chief Watsjold was distributed to Council.
Cripps, with Council consent, requested the administration to direct a
letter to the Bear Creek Fire Service board outlining the City's
position as put forth in Watsjold's rrerrorandum, tabling further
discussion of this matter pending a reply from Zimrerman or the Bear
Creek Fire Service Board.
ARR: B. January 28, 1982, letter from Frank Jones of Alaska
Railroad concerning dredging of The Alaska Railroad dock area was noted.
February 3, 1982, letter to Governor Hanm:md from Wheelabrator-Frye,
Inc. was distributed to Council. Cripps read a draft of a letter dated
February 8, 1982, addressed to the City Council of the City of Seward
from Torkelson-Kellogg stating their opposition to State funding of the
proposed dredging of the railroad dock. Campbell stated that both
proposals were good ones and that they both were potentially good for
Seward, suggesting that the best course for the City at this ti.m2 was to
evaluate conrnitrrents and watch what was going on in Juneau. He added
that Seward's number one goal was funding for the Fourth of July Creek
Marine Industrial Park and that rronies allocated for that project IlU.lst
not be diluted to pay for other endeavors. Swartz requested that
further discussion of this matter be continued until the February 15,
1982, work session.
C. Campbell stated that he felt the response to the public
hearing on funding for the hospital had been positive and he looked
forward to further discussions at the other scheduled public hearings.
D. O'Brien asked when the City could expect delivery of the
additional 2000 brochures that had been ordered from Ken Wray Printing.
Kerry Martin, appearing from the audience, stated that they should
arrive on Friday, February 12, 1982.
C MANAGER: E. Burgess stated that he felt the Council should repeal
Ordinance No. 505 which had rerroved the language from the Code barring a
counci:Lmarnber from being appointed City Manager until at least one year
following the expiration of his tenn of office. Following discussion,
it was rroved by Burgess, seconded by Cripps and failed to carry as
follows to request that the City Attorney draft an ordinance repealing
the ordinance in question:
AYES:
NOES:
ABSENT:
ABSTAIN:
Burgess and Cripps
Meehan, 0' Brien, Soriano and Swartz
None
Campbell
Campbell abstained due to the fact that he had applied for the position
of City Manager upon City Manager Jolmson' s resignation in Noverrber,
1981.
F. Cripps directed the administration to draft a letter for
Bill l'tDonald to take to Chris Berg setting forth the City's position
PAGE 339
REGULAR MEETING - FEBRUARY 8, 1982
VOLUME 19
XIII.
COUNCIL DISCUSSION: (Cont'd)
that they should apply for and try to rreet the requirements for a
trailer park if they wished to continue with their plans for a
construction camp on McDonald's land.
G. Cripps reminded everyone that this IIDnth was Heart r-bnth
and spoke on various fund raising activities.
I
XIV. CITIZENS' DISCUSSION:
A. Jean Cripps appeared from the audience and asked if the
Irn.ltual aid agreement with Bear Creek Fire Service Area included use of
the rescue truck. Police Chief Bencardino, appearing fram the audience,
stated that he felt the City should have their own rescue equiprrent and
not have to depend on Bear Creek in an emergency situation. The cost of
purchasing the needed equiprrent was estimated to be around $6000.
Acting City Manager agreed to research the matter and report to the
Council at the February 22, 1982, regular rreeting.
~. ADJOURNMENT:
The rreeting was adjourned at 10:55 p.m., and after a short
recess, the Council went into executive session to discuss a personnel
matter.
TI/.)]J.)lJJ.J.J.;..'-"
.,~". --~-<..(-0~~_>
~
( hi ,(
. /" / L.
4/~'-t " Ill). . -~'
~~ld w. Cripps./ -:) -'7 I
Mayor
I
S. Y
Deputy City'Clerk
(City Seal)
---------~--~--------------------------------------------------------------
PAGE 339
REGULAR MEETING - FEBRUARY 22, 1982
VOLUME 19
I.
CALL 'ro ORDER:
The February 22, 1982, regular rreeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREM:lNY:
flag.
Council1rember O'Brien led the pledge of allegiance to the
III. ROLL CALL:
I
Present were: Mayor Cripps; Council1rembers Burgess,
~han, O'Brien and Soriano; and Junior
Council1rember Bottcher (Absent with
Council consent were Council1rembers Campbell
and Swartz)
Present also: Acting City Manager Schaeferrreyer, City
Attorney Arvidson and Deputy City Clerk Murphy
SPOCIAL PRESENTATION:
PROCLAMATIONS Mayor Cripps presented resigning City Clerk Shanley with a
& TRIBUTES: plaque expressing the City's appreciation for her years of dedicated
service.
PAGE 340
REGULAR MEETING - FEBRUARY 22, 1982
VOLUME 19
IV. APPROVAL OF MINUI'ES:
It was rroved by Soriano, seconded by O'Brien and unanirrously
carried by all those present to approve the February 8, 1982, regular
meeting minutes as written.
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEEl'ING AGENDA:
At the request of the Acting City Manager, it was rroved by
Soriano, seconded by ~ehan and unanirrously carried by all those present
to meet in executive session imrediately following the close of regular
business to discuss a matter relative to the Fourth of July Marine
Industrial Park Phase III that might have a financial bearing on the
City.
Acting City Manager requested the following addition be made
to the Consent Calendar:
5. February 17, 1982, letter For information and file
to Paul Flask of Wheela-
brator-Frye, Inc. from
Governor Jay Hanm:md, re-
lating to coal export
Acting City Manager requested the following item be deleted
from the regular meeting agenda:
XIII.
COUNCIL DISCUSSION:
A. January 28, 1982, letter from Frank Jones
of Alaska Railroad and February 9, 1982,
letter from Chris Sauer of
Torkelson-Kellogg, Inc., relating to coal
export
It was rroved by O'Brien, seconded by Soriano and unanirrously carried by
all those present to approve the regular meeting agenda and the consent
calendar as amended, and the following actions were taken:
ELECTRIC DEPT:
1.
January 31, 1982, invoice from Baily and Mason in the
arrount of $263.20, for legal services rendered during the
rronth of January, 1982, was approved for payment and
filed.
AIRPORT:
2.
The following dOCUll'eIlts relating to air service for the
City were noted for information and filed:
a. February 2, 1982, proposal of Southcentral Air,
Inc.
b. December 17, 1981, proposal of Alaska
Aeronautical Industries
c. February 15, 1982, letter from AAI reviewing
proposals made by various carriers
d. January 25, 1982, proposal of Valdez Airlines
e. February 5, 1982, recorrrrendation filed by
Michael J. Rosenberg, in opposition to
application as filed by North Pacific Airlines
f. January 14, 1982, proposal of Sea Airrrotive,
Inc.
LOCAL ORGS:
3.
Applications for Authorized Ganes of Chance and Skill for
Calendar Year 1982, as submitted by Marathon Horremakers
and Seward Elks IDdge #1773 were filed without objection.
FINANCE DEPT:
4.
February 17, 1982, letter from Don Grimes of First
PAGE 341
REGULAR MEETING - FEBRUARY 22, 1982
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd)
FINANCE DEPT:
(cont '!d)
Southwest Corrpany concerning extension of their present
contract was noted and scheduled for the March 22, 1982,
regular meeting agenda.
ARR:
5. February 17, 1982, letter to Paul Flask of
Wheelabrator-Frye, Inc. from Governor Jay HarmDnd
relating to coal export was noted for inforrration and
filed.
I
Cripps noted that various proposals from aeronautical
industries to provide essential air service witi1 subsidy to the City of
Seward had been received and, with Cormcil consent, he requested the
administration to draft a letter to the Civil Aeronautics Board stating
that the City does desire regularly scheduled air service and further
requesting that a speedy decision be made by the board.
VI. BOROUGH ASSn-TI3LY REPORT':
Kenai Peninsula Borough Assembly Representative Darryl
Schaefenreyer gave a verbal report on the Assembly meeting of February
16, 1982.
VII. PUBLIC HEARINGS:
SGH/FINANCE A. Notice of Public Hearing as published one tirre in the
DEPT: local newspaper and posted was noted and the public hearing was opened.
Cripps noted that this public hearing was one in a series of public
hearings and work sessions held with the hospital board to detennine a
means of assuring financial support for Seward General Hospital. City
Attorney described the mechanics for initiating a sales tax and stated
that the tax would have to be cCXlrdinated with the Kenai Peninsula
Borough since collection of the tax would be a Borough frmction. He
I went on to explained that while the financial problems facing the
hospital were the impetus for imposing a sales tax, the State
Constitution prohibits dedication of revenues for any purpose.
Therefore, any tax collected would have to go into the General Fund and
appropriated to the hospital as needed. Raynond Hugli appeared fran the
audience and questioned the projected loss of $400,000 and asked if this
figure included the $250,000 in revenue sharing the hospital was to
receive from the Legislature this year. Acting City Manager explained
that the hospital would probably receive only 80-90 percent of the
proposed $250,000 revenue sharing due to a shortage of State frmds.
John Lohse, president of the Seward General Hospital Board, stated that
the $400,000 figure did not take the revenue sharing into accormt, but
even with the revenue sharing, the hospital would still be faced with a
deficit of approximately $150,000. Hugli questioned why it was
necessary to impose a sales tax at this tirre to finance the hospital
when, in past years, the City has subsidized the hospital with m:mies
from the Contingency Fund. Lohse explained that while the City has
lTI311aged to give enough each year to meet expenses, the hospital has been
rmable to update its equipnent or bring salaries for its errployees in
line with the current State average. Hugli stated that if a tax was
necessary to finance the hospital, he was in favor of a property tax as
opposed to a sales tax since the property tax would be easier to
initiate and would be budgetable. He added that possibly the problem
was a hospital tCXl large for Seward, suggesting that we start over with
sarrething smaller and rrore in line with what Seward needs. Ethel
I Bottcher appeared from the audience and stated that due to licensing
requirerrents, the hospital would not be able to cut its staff or
expenses even if it were smaller. Burgess questioned the need for
additional support in light of a $120,000 increase in State Revenue
Sharing this year. Lohse explained that the figures presented had been
set out by the hospital's auditor. Robert Leary appeared from the
audience and spoke in favor of a sales tax, explaining that although he
lives outside the City limits, he is a potential user of the hospital
and would like an opportrmity to support it. He then suggested that the
sales tax might be rrore palatable if a tirre limit were put on it. There
",
'.- /_,
PAGE 342
REGULAR MEETING - FEBRUARY 22, 1982
VOLUME 19
VII. PUBLIC HEARING: (Cont'd)
being no further comrents from the audience, the public hearing was
closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
RADIO STATION: A. Hank LaDuke, general rrenager of KRXA Radio station,
appeared from the audience and outlined his proposal for broadcasting
City Council I1'eetings and providing public information on crirre and
alcohol and drug abuse. Soriano suggested that Council study the
proposal and perhaps include it in the upcoming budget. Cripps, with
Council consent, stated that the Council would consider this proposal at
a later date.
RECESS:
p.m.
The I1'eeting was recessed at 8:43 p.m. and reconvened at 8:53
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
SGH/FINANCE 1. Copies having been made available to the public and
DEPT: distributed to the Council, Cripps noted by title only proposed
ordinance providing for a one percent sales tax for the financial
support of Seward General Hospital, entitled:
An Ordinance of the City of Seward, Alaska,
Adopting Sales Tax
Soriano explained that the hospital has been operating with a deClining
efficiency due to a lack of funds. He went on to state that a
Councilmember would be appointed to the hospital board to overview the
spending of the rronies appropriated and further that this appropriation
would be periodically reviewed; when the need for subsidy no longer
existed, the sales tax would be abolished. City Attorney stated that he
had sent a draft of the proposed ordinance to the Borough Attorney and
would be rreeting with him prior to the March 8, regular rreeting to draft
needed arrendments. O'Brien cormented that he felt the sales tax was the
rrost equitable way to fund the hospital. Following discussion, it was
rroved by Soriano, seconded by O'Brien and unanirrously carried by all
those present to introduce proposed Ordinance Nurrber 507. Public
Hearing was set for the March 8, 1982, regular rreeting.
B. Ordinances for Public Hearing and EnactIrent:
None
C. Resolutions:
ELECTRIC DEPT: 1. Copies having been made available to the public,
Cripps noted by title only proposed resolution increasing the electrical
rates by approximately sixteen percent, entitled:
A Resolution Establishing Rates for
Electric Power.
Following discussion, it was rroved by O'Brien, seconded by Soriano and
unanirrously carried by all those present to adopt Resolution No. 82-5.
LEGISLATIVE REPS: 2.
Cripps noted by
Scenic Viewpoint,
Copies having been made available to the public,
title only proposed resolution designating Kerttula
entitled:
A Resolution of the City Council of
the City of Seward, Alaska, Designating
Kerttula Scenic Viewpoint.
LEG. REPS:
(cont'd)
tINANCE
PAGE 343
REGULAR MEETING - FEBRUARY 22, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
Acting City Manager stated that the purpose of this resolution was to
extend the City's appreciation to Senator Kerttula for his assistance in
making the Fourth of July Marine Industrial Center a reality, noting
that, due to reapportionment, Senator Kerttula would not be representing
Seward after this year. Following discussion, it was rroved by Soriano,
seconded by Meehan and unanirrously carried by all those present to adopt
Resolution No. 82-6.
DEPT: 3. Copies having been made available to the public,
Cripps noted by title only proposed resolution authorizing signatures on
the City maintained bank account, entitled:
A Resolution Authorizing Signatures for
the City Bank Account and Rescinding All
Previous Resolutions in Conflict Herewith.
Acting City Manager noted that the signature changes were necessitated
by the resignation of City Clerk Shanley. Following discussion, it was
rroved by Meehan, seconded by O'Brien and unanirrously carried by all
those present to adopt Resolution No. 82-7.
CITY CLERK: 4. Copies having been made available to the public,
Cripps noted by title only proposed resolution appointing the City Clerk
and setting the salary, entitled:
I
SCHOOLS/
BUDGET:
I
A Resolution Appointing the City Clerk/
Personnel Officer and Rescinding All
Prior Resolutions in Conflict Herewith.
January 28, 1982, rnerrorandurn from resigning City Clerk Shanley,
re=mending a starting salary of $2,674 per rronth, was noted. Acting
City Manager noted that the City Clerk position was unclassified and
that salary IlDlst be set by Council, adding that he concurred with
Shanley's recOIlID2ndation. Following discussion, it was rroved by Meehan,
seconded by Soriano and unanirrously carried by all those present to
adopt Resolution No. 82-8, with a reduction of 15 percent in rrerit
increases, setting the salary at $2,674 per rronth.
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
None
XII. CITY MANAGER REPORI'S:
A. Acting City Manager stated that he had been asked at the
February 8, 1982, regular rreeting to research possible funding sources
for the proposed high school sign. He stated that he had contacted
Gregg M::Jo, principal of Seward High School, and had been assured that
the school would take care of installation and maintenance of the sign.
He added that the cost of the sign, to be purchased from Alaska Sign and
Lighting, would be $4,080, but this would not include the cost of the
rrovable letters or the letter changer. Junior Counci1.rrember Eottcher
stated that the letters and letter changer could be purchased from the
rroney gift the senior class was making to the high school. In response
to a question from Meehan, Acting City Manager stated that there was
rroney available in the Council Contingency Fund to cover the cost of the
sign. O'Brien stated that it was not a city governrrent function to fund
school activities, adding that he hoped the Council would not get this
type of request in the future. Following discussion, it was rroved by
Meehan, seconded by O'Brien and unanirrously carried by all those present
to fund the purchase of the sign out of the Council Contingency Fund in
an arrount not to exceed $4,080.
:1:( t
PAGE 344
REGULAR MEETING - FEBRUARY 22, 1982
VOLUME 19
XII. CITY MANAGER REPORTS: (Cont'd)
FIRE DEPT: B. A list of estimated prices for a rescue vehicle and
equipment as carpiled by Fire Chief Watsjold and distributed to Council
was noted. Acting City Manager stated that the cost of such a vehicle
and equipment would be approximately $45,000, and he would not recamend
the purchase of these items at this tirre, noting that the City would
soon have to expand the present fire station facility and purchase
additional equipment. He added that the City now has a fully executed
mutual aid agreerrent with Bear Creek Fire Service Area, making their
equipment available to the City when needed. O'Brien suggested that
this agenda item be set aside until July when Municipal Assistance Funds
are received.
MARINA SUB: C. Acting City Manager reported that, after reviev;ring their
proposal for lease of property south of the U. S. Park Service Office in
the Small Boat Harbor, he had submitted a request to South Central
Marine asking that they provide a letter from their bank stating what
kind of security the bank would require before granting their loan
request. He added that he had a scheduled rreeting with the principals
of South Central Marine on Tuesday, February 23, and would continue his
research of this agenda item.
D. Acting City Manager stated that City Manager Johnson was
doing well and was due back in Seward by March 1.
XIII.
COUNCIL DISCUSSION:
A.
stated that a
ordinance.
In response to a question from 0 I Brien, City Attorney
sales tax could be abolished with the enactrrent of an
B. Soriano reported that he had attended the Alaska Coal
Conference at the Anchorage Westward Hilton 'iilong with Council1rembers
Burgess and Swartz and Acting City Manager Schaefenreyer. He stated
that Seward had been rrentioned favorably by the Alaska Railroad,
Wheelabrator-Frye, SUnFel and others as well suited for the exportation
of coal, and that he was confident that coal would be coming through
Seward in the near future.
XIV. CITIZENS' DISCUSSICN:
A. JoAnne Shanley appeared from the audience and thanked
Council for the support and latitude they had shown her over the past
five years.
XY. ADJOURNMENT:
The neeting was adjourned at 9:33 p.m., and after a short
recess, the Council went into executive session to discuss a matter
relative to the Fourth of July Marine Industrial Center Phase III that
might have a financial bearing on the City.
PAGE 345
REGULAR MEETING - MARCH 8, 1982
VOLUME 19
I.
CALL TO ORDER:
The March 8, 1982, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Swartz led in the pledge of allegiance to the
flag.
I
III.
ROLL CALL:
Present were: Mayor Cripps; Counci1members Burgess, Meehan,
Soriano and Swartz; and Junior Councilmember
Bottcher (Absent, with Council consent, were
Councilmembers Campbell and O'Brien)
Present also:
Acting City Manager Schaefermeyer,
Attorney Arvidson, City Clerk
Deputy City Clerk Reynolds
City
Murphy,
and
PROCLAMATIONS:
PROCLAMATIONS
& TRIB: Clerk
Older
The Proclamation having been read aloud to the public by City
Murphy, Mayor Cripps proclaimed March 14-20, 1982, "Employ the
Worker Week".
IV.
APPROVAL OF MINUTES:
carried
meeting
It was moved by Meehan, seconded by Soriano and unanimously
by all those present to approve the February 22, 1982, regular
minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
I
At the request of the Acting City Manager, it was moved by
Soriano, seconded by Swartz and unanimously carried by all those present
to hold an executive session immediately following the close of regular
business to discuss a legal matter.
Acting City Manager requested the following additions be made
to the regular meeting agenda:
IX. ORDINANCES AND RESOLUTIONS:
C. Resolutions:
1. Proposed Resolution No. 82-10, amending
City of Seward Resolution No. 81-51,
identifying capital projects and the amount
allocated to each project
2. Proposed Resolution NO. 82-11, making an
appropriation from the Mayor and Council
Contingency Fund to the General Services Fund
for the purchase of a 1979 Suburban for Seward
Life Action Council
I
XII. CITY MANAGER REPORTS:
D.
Observance of Seward Day
Acting City Manager requested the deletion of the following items from
the regular meeting agenda:
XII. CITY MANAGER REPORTS:
B. March 2, 1982, memorandum from City Engineer Small
and February 17, 1982, letter from R & M consultants
concerning professional services agreement relating
to Fourth of July Marine Industrial Center Phase III
and Marathon Hydroelectric construction efforts
~ .
PAGE 346
REGULAR MEETING - MARCH 8, 1982
VOLUME 19
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd)
C. March 2, 1982, memorandum from City Engineer Small
and February 12, 1982, letter from Century/Quadra
concerning professional services agreement relating
to the Fourth of July Marine Industrial Center Phase
III construction effort
Following discussion, it was moved by Soriano, seconded by Burgess 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:
C ATTORNEY:
C ATTORNEY:
FINANCE DEPT:
AIRPORT:
AK, STATE OF:
ARR:
1.
February 17, 1982, invoice from Hughes, Thorsness, Gantz,
Powell and Brundin for legal services rendered in the
month of January, 1982, totalling $13,582.85, was
approved for payment and filed.
2.
February 19, 1982, invoice from Hughes, Thorsness, Gantz,
Powell and Brundin for legal services rendered in the
matter of Seward Chapel v. City of Seward during the
month of January, 1982, totalling $1,320, was approved
for payment and filed.
3.
Finance Department's list of accounts payable for
January, 1982, totalling $564,738.33, was approved for
payment and filed.
4.
February 26, 1982, application of Yukon
to amend its Certificate of Public
Necessity was noted for information and
Air Service,
Convenience
filed.
Inc.
and
5.
February 18, 1982, letter from T. R. Fleming, State
Department of Transportation and Public Facilities,
relating to the proposed small boat harbor construction
at LaTouche Island was noted for information and filed.
6.
February 12, 1982, letter from Senator Ted Stevens
regarding conveyance of railroad land to Chugach Natives,
Inc. was noted for information and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough representative Darryl Schaefermeyer
gave a verbal report of the Borough Assembly meeting of March 2, 1982.
VII. PUBLIC HEARINGS:
VIII.
None.
CITIZENS' DISCUSSION:
LOCAL ORGS: A. Ronald R. Reding, Executive Director of Seward Life
Action Council (SLAC), appeared from the audience and requested Council
approval of a resolution in support of the mental health program
currently offered to Seward residents by SLAC. He stated that the
Department of Health and Social Services had proposed the deletion of
the Seward mental health program, along with six other programs
statewide, due to budget cuts recommended by the legislature. Reding
stressed the importance of this service to the community and urged
Council and the public to support SLAC' s efforts to obtain adequate
funding to insure the continuation of their mental health program at a
quality level.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None.
PAGE 347
REGULAR MEETING - MARCH 8, 1982
VOLUME 19
IX.
ORDINANCES AND RESOLUTIONS:
(Cont'd)
B. Ordinances for Public Hearing and Enactment:
SGH/FINANCE DEPT/ORD: 1. Copies having been made available to the public,
Cripps noted by title only proposed ordinance adopting a one percent
sales tax, entitled:
I
An Ordinance of the City of Seward, Alaska,
Adopting Sales Tax.
"Notice of Public Hearing on Proposed City
Ordinance" as published once in the local newspaper and posted, was
noted, and the public hearing was opened. It was noted that although
the sales tax could not be dedicated to the hospital, the revenues from
the sales tax were needed to assure future financial support for Seward
General Hospital. John Lohse, President of the Seward General Hospital
Board, appeared from the audience and explained that in Fiscal Year
1981, the hospital had lost $153,000 and the loss proj ected for this
year was $400,000, adding that salary increases each year accounted for
a major portion of the hospital's deficit. Ron Lewis appeared from the
audience and spoke against the proposed sales tax, commenting that other
avenues, such as consolidating with Wesleyan Nursing Home, should be
explored before instituting a new tax. Lohse explained that the
hospital board had explored a number of avenues, and that while
consolidation with Wesleyan had not been considered, Seward General does
share programs and costs with Wesleyan when possible. No one else
appeared from the audience at this time to be heard, and the public
hearing was closed. Cripps noted that the final decision on the
proposed sales tax would have to be made by the people, adding that a
special election would be called if the ordinance were enacted.
Following discussion, it was moved by Soriano, seconded by Swartz, and
carried as follows to enact Ordinance No. 507:
I
AYES:
NOES:
Absent:
Abstain:
Burgess, Meehan, Soriano and Swartz
None
Campbell and O'Brien
Cripps
Cripps noted that he had abstained on the advice of the City Attorney
since he is a contract employee of Seward General Hospital.
RECESS:
The meeting was recessed at 8:10 p.m.; reconvened at 8:17 p.m.
C. Resolutions:
LOCAL
ORGS/RES:
Cripps
health
1. Copies having been made available to the public,
noted by title only proposed resolution in support of the mental
program offered by Seward Life Action Council, entitled:
A Resolution of the City Council of the City
of Seward, Alaska, in Support of Seward Life
Action Council's Mental Health Program.
It was moved by Meehan, seconded by Burgess and
unanimously carried by all those present to adopt Resolution No. 82-9.
BUDGET/RES:
2. Copies having been distributed to Council and made
available to the public, Cripps noted by title only proposed resolution
amending City of Seward Resolution No. 81-51, entitled:
I
A Resolution Amending City of Seward Resolution
No. 81-51, Identifying the Capital Projects and
the Amount Allocated to Each Project in
Accordance with HCS CSSB 168 (Finance) 1981
Session.
March 5, 1982, memorandum from Acting City Manager
was noted. Acting City Manager explained that when the funds for the
capital projects were allocated in Resolution No. 81-51, the City had no
cost allocation plan to recover administrative overhead on the various
capital projects being administered by the City. Now that such a plan
, .'\
PAGE 348
REGULAR MEETING - MARCH 8, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
exists, it would be necessary to reallocate the $986,005 to include
administrative overhead for each project; thus the need for this
resolution. Following discussion, it was moved by Soriano, seconded by
Swartz and unanimously carried by all those present to adopt Resolution
No. 82-10.
LOCAL ORGS/BUDGET/ 3. Copies having been distributed to Council and made
RES: available to the public, Cripps noted by title only proposed resolution
providing for the funding of a 1979 Suburban for Seward Life Action
Council, entitled:
A Resolution Making an Appropriation from the
Mayor and Council Contingency Fund to the
General Services Fund, Seward Life Action
Council, for the Purpose of Funding the
Purchase of a 1979 Suburban.
Acting City Manager noted that the City of Seward,
Seward General Hospital and Seward Life Action Council were the
recipients of several vehicles purchased through the Alaska Surplus
Property Service. Seward Life Action Council (SLAC) was requesting
$1300 from the City for the purchase of a 1979 Suburban from Alaska
Surplus Property Service in exchange for the return to the City of the
1974 Chevrolet station wagon which the City had previously donated to
SLAC. Following discussion it was moved by Soriano, seconded by Burgess
and unanimously carried by all those present to adopt Resolution No.
82-11.
X.
UNFINISHED BUSINESS:
None.
XI. NEW BUSINESS:
None.
XII. CITY MANAGER REPORTS:
WATER DEPT: A. March 2, 1982, memorandum from City Engineer Small
concerning professional service agreement with Ottwater Engineering for
engineering services related to the Marathon Hydroelectric construction
effort was noted. Acting City Manager noted that copies of the proposed
agreement for services on an as-needed basis in an amount not to exceed
$46,008, had been distributed to Council. Burgess questioned the need
for such an agreement, stating that the City Engineering Department
should be able to complete this proj ect in-house. Soriano countered
that the City Engineer had explained at an earlier meeting that
engineering services would be contracted on an as-needed basis with
Ottwater in case something came up that could not be handled by the
City's Engineering staff, adding that this agreement would maintain
Ottwater's contractual liability. Following discussion, it was moved by
Soriano, seconded by Meehan and unanimously carried by all those present
to approve the agreement for professional services between the City of
Seward and Ottwater Engineers for a sum not to exceed $46,008, for the
Mount Marathon Hydroelectric Project.
B. Deleted.
C. Deleted.
PERSONNEL:
D. Acting City Manager requested Council approval for the
City Service to observe Seward Day on Monday, March 29, rather than on
Tuesday, March 30, thus giving the City employees a three-day weekend.
He noted that the State offices were observing the holiday on Monday,
March 29, 1982, and would be closed for business on that day. Following
discussion, it was moved by Burgess, seconded by O'Brien and unanimously
carried by all those present to change the observance of Seward Day to
Monday, March 29, 1982.
PAGE 349
REGULAR MEETING - MARCH 8, 1982
VOLUME 19
XII. CITY MANAGER REPORTS: (Cont'd)
FOURTH OF JULY E. Acting City Manager noted that Councilmember Campbell and
CREEK AREA/ Police Chief Bencardino were in Juneau at the request of Senator Ray to
ARR: attend a meeting to discuss variabilities of coal export from the Port
of Seward. Also attending the meeting would be representatives from
Torkelson-Kellogg, Whee1abrator-Frye, Sun-Eel and the Alaska Railroad.
PARKS
I
& REC: F. Acting City Manager stated that he had been advised by
the Department of the Army that their lease of Tract A, U. S. Survey
No. 242, from the State of Alaska was due to expire in two years. The
State had informed the Army that a long-term lease could only be
negotiated after putting the lease out to public bid, and the Army was
prohibited from being involved in this type of bidding procedure.
Furthermore, the Army is interested in replacing the quonset huts now in
use at the Army Recreation Camp with permanent structures, but funding
will not be appropriated for the construction of these structures until
such time as the Army is able to obtain a long-term lease on the
property. The Army is now requesting that the City acquire the property
from the State and enter into a lease agreement with the Department of
the Army that would allow for funding of permanent structures for the
Rec Camp. Acting City Manager went on to explain that the City had
attempted to acquire this piece of property two years ago under the
Municipal Land Entitlement Act, but the State had rejected the
application on the grounds that this land was not classified General
Selection Land and could only be acquired under a restrictive deed. He
added that the Division of Lands has now indicated that they would be
willing to transfer title to the land to the City with no restrictions
at this time, and that he was requesting the Council's permission to
pursue acquisition of this property from the State. Following
discussion, Cripps, with Council consent, urged the administration to
continue in its pursuit of acquisition of Tract A, U. S. Survey No. 242.
I C CLERK:
XIII.
COUNCIL DISCUSSION:
A. March 2, 1982, memorandum from City Clerk concerning
appointment of Deputy City Clerk was noted. Following discussion, it
was moved by Soriano, seconded by Swartz and unanimously carried by all
those present to approve the appointment of Marilyn Reynolds as Deputy
City Clerk for the City of Seward.
B. Soriano suggested that the City go on record endorsing
the proposed construction of a small boat harbor at LaTouche Island.
Burgess disagreed, stating that the City should stay out of the matter.
Cripps, with Council consent, advised the administration send a letter
to T. R. Fleming of the Department of Transportation and Public
Facilities expressing the City's interest in the project and requesting
that the City be kept advised of the progress of same.
C. In response to a question from Burgess, Acting City
Manager stated that the decision as to who should attend various
meetings and conferences around the State is usually left to Council.
He went on to explain that occasionally, when a decision must be made
immediately, there is no time to take the matter to Council, and at
those times, the decision is made by the City Manager or the Acting City
Manager.
I
D.
Johnson--he
soon.
Cripps stated that he had talked to City Manager
is feeling and looking well and intends to resume working
XIV. CITIZENS' DISCUSSION:
ELECTIONS/
FINANCE
DEPT /
SGH:
A. John Lohse appeared from the audience and asked when the
special election on the imposition of the one percent sales tax would be
held. City Clerk advised that the election would be scheduled for
Tuesday, April 20, 1982. In response to a question from Ron Lewis,
Cripps noted that if the ballot proposition failed to pass, the City and
the hospital board would have to explore other avenues for funding for
the hospital.
PAGE 350
REGULAR MEETING - MARCH 8, 1982
VOLUME 19
XV. ADJOURNMENT:
The meeting was adj ourned at 9: 15 p.m. and, after a short
recess, the Council went into Executive Session to discuss a matter
relative to the Sewer project concerning possible litigation.
( < /(;,/-
'L'w-r.' ./ fJa.) . /p
& /, ltC, /)
Donald W. Cripps
Mayor
PAGE 350
REGULAR MEETING - MARCH 22, 1982
VOLUME 19
1.
CALL TO ORDER:
The March 22, 1982, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Counci1member Burgess led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps; Councilmembers Burgess, Campbell
and Soriano (Absent, with Council consent,
were Councilmembers Meehan, O'Brien and Swartz
and Junior Councilmember Bottcher)
Present also: City Manager Johnson, Assistant City Manager
Schaefermeyer, City Attorney Arvidson and City
Clerk Murphy
IV.
APPROVAL OF MINUTES:
carried
meeting
It was moved by Soriano, seconded by Burgess and unanimously
by all those present to approve the March 8, 1982, regular
minutes as written.
v.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following item be added to the
regular meeting agenda:
XIII.
COUNCIL DISCUSSION:
B. March 22, 1982 memorandum from Councilmember
Meehan requesting support of SB 795 at Tele-
conference scheduled for March 24, 1982
Following discussion, it was moved by Campbell, 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 actions were taken:
PAGE 351
V.
C ATTORNEY:
FINANCE DEFT:
I AK., STATE OF:
SGH:
SISTER PORT:
ELECTRIC DEPT:
AIRPORT:
REGULAR MEETING - MARCH 22, 1982
VOLUME 19
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd)
1.
March 12, 1982, invoice from Hughes, Thorsness, Gantz,
Powell and Brundin totalling $16,115.29, for legal
services rendered in February, 1982, was approved for
payment and filed.
2.
March 5, 1982, Finance Department's list of accounts
payable totalling $596,563.29, was approved for payment
and filed.
3.
March 15, 1982, letter to T. R. Fleming regarding
proposed small boat harbor on LaTouche Island was noted
for information and filed.
4.
HB 844, relating to
facility improvements
information and filed.
the
and
financing of
maintenance,
rural health
was noted for
5.
February 24, 1982, letter from the Mayor of Kushiro,
Japan, relating to proposed "Sister Port Relationship",
was noted for information and filed.
6.
March 15, 1982, Notice of Utility Tariff Filing, relating
to tariff reV1Slons as requested by Chugach Electric
Association, Inc., was noted for information and filed.
7.
March 3, 1982,
Opposition to
Convenience and
filed.
Response to North Pacific Airlines to
Application for Certificate of Public
Necessity, was noted for information and
VI. BOROUGH ASSEMBLY REPORT:
I
Kenai Peninsula Borough Representative Darryl Schaefermeyer
stated that he had not attended the March 16, 1982, Borough Assembly
meeting, but gave a brief verbal report of action taken at the meeting.
VII. PUBLIC HEARINGS:
VIII.
HARBOR:
None
CITIZENS' DISCUSSION: (With prior notice only)
A. Stanley McGrorty, President of Unifuels, Inc., appeared
from the audience and requested Council's permission to enter into
discussion with the administration concerning licensing for use of the
fuel dock. Campbell noted that the present fuel dock facility was not
large enough to accommodate another supplier, adding that a commitment
could not be made until the City had firm plans for the proposed new
fuel dock. Cripps, with Council consent, encouraged McGrorty to enter
into a dialog with the City administration, stating that a decision
could not be made until Council had more information.
FINANCE DEPT: B. Don Grimes of First Southwest Company appeared from the
audience and requested a two year extension of their now expired 1979
contract for financial advisory services. Cripps, with Council consent,
asked Grimes to submit his proposal to the City Administration and
directed the City Manager to report back to Council upon receipt of
same.
I
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
None
(.\ i-.~: ()
J.J.....J
PAGE 352
REGULAR MEETING - MARCH 22, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions:
FOURTH OF JULY CREEK/ 1. Copies having been made available to the public,
RES: Cripps noted by title only proposed resolution awarding a contract to
Chris Berg for a portion of the Seward Marine Industrial Center Phase
III, entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AWARDING
TO CHRIS BERG, INC. A CONTRACT FOR A
PORTION OF PHASE III, ALTERNATE NUM-
BER ONE, SEWARD MARINE INDUSTRIAL
CENTER.
City Manager noted that the City had received grant monies sufficient to
complete Alternate Number One of the original contract with Chris Berg,
but that until the City was assured of more money forthcoming from
Juneau, a portion of the funds received should be set aside for
installation of the shiplift. Therefore, the Administration was
recommending completion of south breakwater cells number 9 through 16.
Following discussion, it was moved by Campbell, seconded by Soriano and
unanimously carried by all those present to adopt Resolution No. 82-12.
PARKS &
RES:
REe/ 2. Copies having been made available to the
distributed to Council, Cripps noted by title only proposed
officially naming Exit Glacier, entitled:
public and
resolution
A RESOLUTION REQUESTING THE OFFICIAL
NAMING OF EXIT GLACIER.
City Manager noted that Exit Glacier had never been officially named by
the U. S. Board on Geographic Names and that this official naming was
necessary if Exit Glacier was to be so designated on maps authorized by
the federal government. Following discussion, it was moved by Soriano,
seconded by Burgess and unanimously carried by all those present to
adopt Resolution No. 82-13.
X.
UNFINISHED BUSINESS:
FIRE DEPT/
OTS:
A. March 9, 1982, letter from Fire Marshal Schalk concerning
Andrews' Army Store was noted. City Manager recommended that Council
concur with the provisions set forth by the State, allowing the building
to be used for warehouse purposes only. City Attorney added that
Council could accept these provisions conditionally, giving a reasonable
time for Andrews to comply with the State's recommendations, and
reserving the right to enforce City Ordinances at a future date if the
City should later deem the building hazardous. It was moved by
Campbell, seconded by Soriano and unanimously carried by all those
present to go along with the State's recommendations as related to the
use of Andrews' Army Store as a warehouse facility.
XI. NEW BUSINESS:
None
XII. CITY MANAGER REPORTS:
FOURTH
CREEK/
WATER
DEPT:
OF JULY A. March 2, 1982, memorandum from City Engineer Small and
February 17, 1982, letter from R & M Consultants concerning professional
services agreement relating to the Fourth of July Creek Marine
Industrial Center Phase III and Marathon Hydroelectric construction
efforts were noted. City Manager noted that the proposed contract
provided for soils inspection services to be rendered on an as needed
basis as directed by the City's project engineer, adding that this was a
budgeted item. Following discussion, it was moved by Campbell, seconded
by Soriano and unanimously carried by all those present to approve the
contract with R & M Consultants in an amount not to exceed $50,000 for
inspection services for the Fourth of July Marine Industrial Center and
the Marathon Hydroelectric project.
FOURTH OF
CREEK:
I
ISGH:
KPB:
(ARKS &
PAGE 353
REGULAR MEETING - MARCH 22, 1982
VOLUME 19
XII.
CITY MANAGER REPORTS: (Cont'd)
JULY B. March 2, 1982, memorandum from City Engineer Small and
February 12, 1982, letter from Century IQuadra concerning professional
services agreement relating to the Fourth of July Creek Marine
Industrial Center Phase III construction were noted. City Manager noted
that this contract would provide for shop drawing review and engineering
consultation on an as needed basis, adding that this was a budgeted
item. In response to a question from Cripps, City Manager stated that
he was satisfied that the City was receiving full value from
Century/Quadra. Following discussion, it was moved by Soriano, seconded
by Campbell and unanimously carried by all those present to authorize
the administration to enter into an agreement with Century/Quadra in an
amount not to exceed $48,000 for shop drawing review and engineering
consultation as stated in the February 12, 1982, letter.
C. City Manager reported that he had received a verbal
proposal from an individual interested in leasing land in the small boat
harbor for construction of a supermarket. Council agreed that they were
not opposed to a supermarket locating in Seward, but they were not
willing to lease property in the small boat harbor for that purpose.
Cripps, with Council consent, directed the City Manager to advise the
individual in question that Council would be amenable to the location of
a supermarket in some other area of the City.
D. City Manager noted that he had met with Borough Mayor
Thompson to discuss the proposed outdoor sports complex to be built in
Seward. He stated that Thompson indicated that a cooperative effort
with the City and the School would be the ideal way to proceed, and with
this in mind, the City staff was preparing a master plan to be presented
to Council at a later date.
XIII.
COUNCIL DISCUSSION:
A. Campbell noted the Summary of Seward General Hospital
facility as provided by the State's consultants outlining their
recommendations for either extensive remodeling of the present facility
or the construction of a new hospital. He also noted copies of HB 844
which had been included as Consent Calendar item number 4, relating to
the financing of rural health facility improvements and maintenance. In
answer to a question posed by Burgess at an earlier meeting, Campbell
stated that the State had mandated the joint use of certain facilities
and spaces with Wesleyan Nursing Home as well as the inclusion of other
health care specialists and facilities such as the public health and
possibly mental health and alcohol and drug abuse centers. In response
to a question from Cripps, Campbell noted that these recommendations
would not affect the April 20, ballot proposition, adding that these
State projections were long-term and not expected to culminate for four
to five years.
B. Campbell noted that Seward no longer has a representative
on the Borough Resource Development Commission and suggested that rather
than wait for Borough Mayor Thompson to appoint another representative,
Council should appoint someone. Following a recommendation from City
Manager, it was moved by Campbell, seconded by Soriano and unanimously
carried by all those present to nominate Kerry Martin as the Resource
Development Commission representative for Seward.
REC: C. March 22, 1982, memorandum from Councilmember Meehan
requesting support of SB 795 at the March 24 Teleconference was noted.
City Manager explained that SB 795 provided for the setting aside of an
amount equivalent to $20 per capita to fund outdoor recreational
programs. Cripps, with Council consent, directed the City Manager to
have Recreation Director Noble attend the scheduled Teleconference and
voice Council's support of SB 795.
SISTER CITY/ D. Cripps noted that the Seward High School Band and Chorus
SCHOOLS:' had received a donation of $5,000 from the City of Obihiro to help fund
their scheduled trip to Japan this summer. He suggested that the City
of Seward reciprocate with a like donation. Bob Richardson and Dale
Lindsey appeared from the audience and spoke in support of a donation of
I I ~.~: ,t
PAGE 354
REGULAR MEETING - MARCH 22, 1982
VOLUME 19
XIII.
COUNCIL DISCUSSION: (Cont'd)
SISTER
CITY/
SCHOOLS:
(cont'd)
this sort. Richardson added that rather than donate the money directly
to the fund itself, Council could put the monies into the Exchange
Program with a provision that the Band and Chorus could use what was
needed to complete the financing for their trip. Following discussion,
it was moved by Cripps, seconded by Burgess and unanimously carried to
commit $10,000 to the Exchange Program to be used in conjunction with
the Band's trip and such other exchange activities as needed.
E. Burgess requested a report on the City's trade mission to
Japan and Korea. City Manager stated that such a report was being
prepared and would be presented to Council and any other interested
groups when completed.
F. Cripps noted that he would be advocating the formation of
a port commission at the April 12, 1982, regular meeting, adding that
with all of the port-related activity going on in Seward, such a
commission was needed.
G. In response to a question from Burgess, Campbell stated
that he had attended Senator Ray's hearing on coal development in Seward
at the request of the City Manager. He added that also in attendance
were Frank Jones of the Alaska Railroad and four representatives of
SunEel. He stated that he had testified that while Seward is definitely
interested in exporting coal from its port, the City's first priority at
this time is completion of the Marine Industrial Center at Fourth of
July Creek. The City, therefore, could not support anything that would
take funding away from the Fourth of July Creek project. He went on to
say that the outcome of the hearing was that SunEe1 and Alaska Railroad
would have to provide their own funding for dredging of the railroad
dock.
SISTER
CITY:
H. Cripps directed the City Clerk to draft a letter to
Obihiro Mayor Tamoto expressing the City's concern for the welfare of
the citizens of Obihiro following the recent earthquake in Japan.
XIV. CITIZENS' DISCUSSION:
No one appeared from the audience at this time to be heard.
xv. ADJOURNMENT:
meeting was adjourned at 8:50 p.m.
( ) I;l ;;;:' ,
1 ~'-li;]J!/I(l l ?)/{ ')
Donald W. Cripps
Mayor
~----
PAGE 355
SPECIAL MEETING - APRIL 5, 1982
Volume 19
I.
CALL TO ORDER:
The April 5, 1982, special meeting of the Seward City Council
was called to order at 7:00 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
I
Counci1member Meehan led the pledge of allegiance to the flag.
III.
ROLL CALL:
Present were:
Mayor Donald W. Cripps
Burgess, Campbell, Meehan,
(Absent, with Council
Councilmember Soriano)
and Councilmembers
0' Brien and Swartz
consent, was
Present also: City Manager Johnson and City Clerk Murphy
IV. SPECIAL ITEM:
I
ELECTRIC DEPT: A. March 31, 1982, letters to City Manager Johnson and
Chugach Electric Association (CEA) Executive Assistant, James Anderson,
from Julian L. Mason of Baily & Mason were noted. City Manager gave a
brief overview of the history of the City's relationship with CEA since
1960, adding that the City's contract with CEA for electric power had
expired in 1972. He further stated that since assuming the City Manager
position in 1977, he had been trying to negotiate a contract with CEA
without success. City Manager went on to explain that the City had
received true-up billings from CEA in August 1981 and in March 1982
totalling $250,559, adding that Chugach Electric had threatened to shut
off power to Seward if these past due bills were not paid by April 15.
He noted that this figure included what was thought to be a $34,000
overpayment made by the City of Seward but did not include a $169,000
charge for Substation addition costs which the City is disputing.
Following discussion, it was moved by Swartz, seconded by Campbell and
unanimously carried by all those present to authorize the City Manager
to pay to Chugach Electric a sum not to exceed $250,559, for true-up
bills to Chugach Electric.
V.
ADJOURNMENT:
The meeting was adjourned at 7:28 p.m.
'\
/i
/
, .
i /..'
"I" (/ / '-
,-,/,(,-/Vt" ( V),
Donald W. Cripps /
Mayor
..~
(City Seal)
--------~r~~~-----------------------------------------------------------
. .', ".("t?-".
I
PAGE 356
REGULAR MEETING - APRIL 12, 1982
VOLUME 19
I.
CALL TO ORDER:
The April 12, 1982, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Vice Mayor C. Keith Campbell.
II. OPENING CEREMONY:
Councilmember Soriano led the pledge of allegiance to the
flag.
I II. ROLL CALL:
Present were: Vice Mayor Campbell and Councilmembers Burgess,
Meehan and Soriano (Absent, with Council
consent, were Mayor Cripps, Councilmembers
0' Brien and Swartz, and Junior Councilmember
Bottcher
Present also: City Manager Johnson, Assistant City Manager
Schaefermeyer, City Attorney Arvidson and City
Clerk Murphy
IV. APPROVAL OF MINUTES:
It was moved by Soriano, seconded by Meehan and unanimously
carried by all those present to approve the minutes of the March 22,
1982, regular meeting and the April 5, 1982, special meeting as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested an executive session immediately
following the close of regular business to discuss a legal matter
relative to proposed Resolution No. 82-18, authorizing the City Manager
to negotiate the settlement of claims arising from the failure of two of
the City's pump stations. It was so moved by Soriano, seconded by
Burgess and unanimously carried by all those present.
City Manager requested the following additions be made to the
regular meeting agenda:
IX.
ORDINANCES AND RESOLUTIONS:
A. Resolutions:
1. Proposed Resolution No. 82-18, authorizing
the City Manager to negotiate the
settlement of claims arlslng from the
failure of two of the City's pump stations
XII.
CITY MANAGER REPORTS:
J. Restrooms contract
K. Change Order No.2 from Elling Halvorson, Inc.,
relative to the Marathon Hydro Electric Project
L. Purchase of a new grader
M. April 9, 1982, letter from John Woodruff,
Seward Fisheries, requesting approval to erect
two 1000 barrel fuel tanks
XIII.
COUNCIL DISCUSSION:
A. April 6, 1982, letter from Commissioner Bernard
N. Ikerd, tendering his resignation from the
Seward Advisory Planning and Zoning Commission
It was moved by Soriano, seconded by Meehan and unanimously
carried by all those present to accept the regular meeting agenda as
amended and the consent calendar as presented, and the following actions
were taken:
PAGE 357
V.
FINANCE DEPT:
ABCB:
I LOCAL ORGS:
ELECTRIC DEPT:
ELECTRIC DEPT:
ARR:
AIRPORT:
REGULAR MEETING - APRIL 12, 1982
VOLUME 19
APPROVAL OF CONSENT CALENDAR & REGULAR MEETING AGENDA: (Cont'd)
1.
April 6, 1982, accounts payab le list from the Finance
Department totalling $833,704.52, was approved for
payment and filed.
2.
April 6, 1982, letter from the State Alcoholic Beverage
Control Board noticing of application for transfer of
liquor license for the Palace Saloon and Hotel was filed
without objection.
3.
April 1, 1982, letter from Grants Administrator Janet
Thompson and attached amendment (01) for FY 82 Day Care
Assistance Program, increasing the amount of the City's
contract by $1,649, was noted for information and filed.
4.
March 1, 1982,
feasibility study,
for information and
Grant Lake Hydroelectric Project
progress report number 5, was noted
filed.
5.
March 24, 1982, order establishing public hearing in the
matter of the adoption of uniform policies for fuel
clause rate adjustments was noted for information and
filed.
6.
Summary of proposed Committee Substitute for SB 212,
relating the the transfer of the Alaska Railroad was
noted for information and filed.
7.
March 17, 1982, reply of Southcentral Air,
response of Alaska Aeronautical Industries,
noted for information and filed.
Inc. to
Inc. was
VI. BOROUGH ASSEMBLY REPORT:
I
Kenai Peninsula Borough Representative Darryl Schaefermeyer
gave a verbal report of the April 6, 1982, Borough Assembly meeting.
VII. PUBLIC HEARINGS:
VIII.
None
CITIZENS' DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTIONS:
POLICE
ORD:
DEPT:/
Campbell noted
the regulation
I
A. Ordinances for Introduction:
1. Copies having been made available to the public,
by title only proposed Ordinance No. 508, providing for
of drug paraphernalia, entitled:
AN ORDINANCE AMENDING THE CITY OF
SEWARD CODE PROVIDING FOR REGULA-
TION OF ITEMS DESIGNED OR MARKETED
FOR USE WITH CONTROLLED SUBSTANCES.
March 30, 1982, letter from City Attorney relating to the proposed
ordinance was noted. City Attorney noted that the proposed ordinance
would not prohibit the sale or possession of the items described
therein, but would merely provide for the recording of sales, and
further, that these records would be made available only to law
enforcement officials. Following discussion, it was moved by Soriano,
seconded by Meehan and unanimously carried by all those present to
introduce proposed Ordinance No. 508, and public hearing was scheduled
for the May 10, 1982, regular meeting.
['Oil
PAGE 358
REGULAR MEETING
APRIL 12, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
SCHOOLS!
RES:
1. Copies having been made available to the public,
Campbell noted by title only proposed resolution appropriating $10,000
from the Mayor and Council Contingency Fund to the General Services Fund
for the purpose of assisting in the financing of the Seward High School
Band and Choir's upcoming trip to Obihiro, Japan, entitled:
A RESOLUTION MAKING AN APPROPRIATION
FROM THE MAYOR AND COUNCIL CONTINGENCY
FUND TO THE GENERAL SERVICES FUND, EX-
CHANGE PROJECT ACCOUNT.
City Manager noted that Council had approved the appropriation of these
funds at its March 22, 1982, regular meeting, adding that this
resolution was merely a follow-up measure. It was moved by Meehan,
seconded by Burgess and unanimously carried by all those present to
approve Resolution No. 82-14.
PARKS &
RES:
REC/
Campbell noted
located in the
2. Copies having been made available to the public,
by title only proposed resolution selecting 19 plus acres
future greenbelt area from the State of Alaska, entitled:
A RESOLUTION SELECTING LAND FROM
THE STATE OF ALASKA PURSUANT TO
AS 29.18.210.
March 31, 1982, letter from Reed Stoops, State of Alaska Department of
Natural Resources, was noted, and Assistant City Manager Schaefermeyer
distributed copies of a plat map showing the location of the property
being selected and noted that the area contains the City-maintained
ballparks. Burgess noted an error in the legal description contained in
the resolution stating that Subsection (1) of Section 1, should read
"Tract A of Supplemental Plat of U. S. Survey 1116...". Acting City
Manager assured Council that the correct legal description would appear
on any deeds or patents executed by the City. Following discussion, it
was moved by Burgess, seconded by Meehan and unanimously carried by all
those present to approve Resolution No. 82-15.
PARKS &
RES:
REC; 3. Copies having been made available to the public,
Campbell noted by title only proposed resolution selecting 26.162 acres
of land located in the Army Recreation Camp from the State of Alaska,
entitled:
A RESOLUTION SELECTING LAND
FROM THE STATE OF ALASKA PUR-
SUANT TO AS 38.05.315.
March 19, 1982, letter from L. A. Dutton, State of Alaska Department of
Natural Resources, was noted and Acting City Manager distributed copies
of a plat map showing the location of the subject property. Following
discussion, it was moved by Soriano, seconded by Burgess and unanimously
carried by all those present to approve Resolution No. 82-16.
TAXICABS;
RES:
4.
Campbell noted by
zones, entitled:
Copies having been made available to the public,
title only proposed resolution designating two taxicab
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
DESIGNATING TAXICAB ZONES.
PAGE 359
REGULAR MEETING - APRIL 12, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions (Cont'd)
TAXICABS! Campbell noted that this proposed resolution was another housekeeping
RES: '
measure; City Code requires that the City Manager designate taxicab
(cont'd) zones and that those zones be approved by City Council. It was moved by
Soriano, seconded by Burgess and unanimously carried by all those
present to approve Resolution No. 82-17.
I SEWAGE
TRMT: 5. Copies having been distributed to Council and made
available to the public, Campbell noted by title only proposed
resolution relating to claims arising from the flooding and subsequent
damage to two of the City's pump stations, entitled:
AUTHORIZATION TO CITY MANAGER TO
NEGOTIATE SETTLEMENT OF CLAIMS
ARISING FROM FAILURES OF PUMP STA-
TIONS ONE AND THREE OF THE SEWARD
INTERCEPTER AND TREATMENT PLANT
PROJECT.
Burgess questioned giving authority to the City Manager to negotiate
settlements without first coming to Council for approval; City Attorney
noted that the proposed resolutions set forth limits and guidelines
within which the City Manager would have to work. Following discussion,
it was moved by Soriano, seconded by Meehan and unanimously carried by
all those present to approve Resolution No. 82-18.
X.
UNFINISHED BUSINESS:
None
XI.
NEW BUSINESS:
I
None
XII.
CITY MANAGER REPORTS:
I
4TH OF JULY A. City Manager requested Council's approval to enter into a
CRK AREA: professional services agreement with Century/Quadra for engineering
services relating to the Phase IV development of the Fourth of July
Marine Industrial Center, adding that it was imperative that Council act
immediately if the City is to install the shiplift this year. Burgess
voiced his objection to letting such a large contract without first
going to bid; City Manager explained that not only would a new
engineering firm which had not been involved in the earlier phases of
the project charge more for their services, but a delay of six weeks or
more (which going to bid would necessitate) would probably result in
extending the completion date another season. Burgess asked why Council
had not been consulted earlier if time was such an important factor.
City Manager stated that he had been holding the proposal for over a
month hoping for more than a four-member Council before presenting the
matter for consideration. Meehan and Soriano spoke in support of the
administration's decision to continue with Century/Quadra. Following
further discussion, it was moved by Soriano, seconded Meehan and
unanimously carried by all those present to authorize the City
administration to enter into a professional agreement with
Century/Quadra for Phase IV of the Seward Marine Industrial Park for a
sum not to exceed $450,000. Burgess noted that had his vote not been
needed for approval of the contract, he would have opposed the motion.
FINANCE DEPT: B. City Manager requested Council approval of a financial
advisory agreement with First Southwest Company, noting that the City
had a prior contract with First Southwest which had just recently
expired. He added that there would be no cost to the City until such
time as an actual bond sale took place, and that the maximum cost to the
City would by $1.95 per Thousand. Following discussion, it was moved by
Soriano, seconded by Meehan and unanimously carried by all those present
to authorize the administration to enter into a financial advisory
agreement with First Southwest Company.
PAGE 360
REGULAR MEETING - APRIL 12, 1982
VOLUME 19
XII. CITY MANAGER REPORTS: (Cont'd)
MARINA SUB: C. Proposal from Ray Evarts, dba Kernel McRays, to lease a
parcel of land in the small boat harbor (Marina Subdivision) for the
purpose of operating a fast food drive-inn was noted. City Manager
stated that the property in question was located due north of the Breeze
Inn Motel, adding that the City had advertised for proposals last year
and had failed to receive any inquiries. He further stated that if
Council wished to entertain this proposal, it would be necessary to have
the subject property appraised and readvertise for proposals. Following
discussion, it was moved by Meehan, seconded by Soriano and unanimously
carried by all those present to authorize the City administration to go
out and advertise the property.
MARINA SUB: D. March 19, 1982, letter from Ray Evarts, president of
Ray's Inc., concerning a land lease for the purpose of constructing and
operating a supermarket in the small boat harbor area (Marina
Subdivision) was noted. City Manager stated that this matter had been
brought before Council at its March 22, meeting and that Council had
requested more information. He then noted posted specifications which
had been supplied by Evarts for Council. Burgess requested a recess to
allow Council to study same.
RECESS:
p.m.
The meeting was recessed at 8:23 p.m. and reconvened at 8:30
Following further discussion, it was moved by Burgess, seconded by
Meehan and unanimously carried by all those present to direct the City
administration to order an appraisal of the two parcels of land and to
begin the process of public disposition or lease.
4TH OF JULY CRK E. AprilS, 1982, memorandum from City Engineer Small
AREA: concerning the purchase of line materials for the Fourth of July Creek
site utilities was noted. City Attorney noted that normally the City
would go to bid on a purchase of this size; however, the City Code
allows the Council to forego the bidding process if it determines that
this is in the best interest of the public. Following discussion, it
was moved by Meehan, seconded by Soriano and unanimously carried by all
those present to approve the purchase of line materials from Ohio Brass
in an amount not to exceed $18,623.20. City Manager stated that a
resolution approving the purchase of these items would be prepared and
presented to the Council at its next regularly scheduled meeting.
4TH OF JULY CRK F. AprilS, 1982, memorandum from City Engineer Small
AREA: concerning the purchase of power poles for the Fourth of July Creek site
utilities was noted. City Manager stated that proposals had been
requested from three suppliers; only two had responded, with McFarland
Cascade submitting the lower bid. Following discussion, it was moved by
Meehan, seconded by Soriano and unanimously carried by all those present
to approve the purchase of poles from McFarland Cascade for a sum not to
exceed $25,400. City Manager stated that a resolution approving the
purchase of the power poles would be prepared and presented to Council
at its next regularly scheduled meeting.
PARKS & REC: G. Recommendation for the purchase of ballfield bleachers
and backstop as submitted by Parks and Recreation Director Noble was
noted. City Manager recommended the purchase of four bleachers from
VANCO Recreation, Inc. for a cost of $3,776, and a vertical arch
backstop from Patterson Williams for a cost of $6,540. In response to a
question from Campbell, City Manager stated that the City was requesting
only enough to outfit one new ballfield; if Council wanted to
appropriate funds for bleachers and backstops for two fields, monies
could be found to finish one field and start a second. Following
discussion, it was moved by Burgess, seconded by Meehan and unanimously
carried by all those present to authorize the administration to order
bleachers and backstops for two ballfields. City Manager stated that a
resolution approving the purchase would be prepared and presented to
Council at its next regularly scheduled meeting.
PAGE 361
REGULAR MEETING - APRIL 12, 1982
VOLUME 19
XII.
CITY MANAGER REPORTS:
(Cont'd)
C ENGINEER: H. March 1982 project status report as submitted by City
Engineer Small was noted. Campbell directed the City Clerk to make
copies of the report available to the public.
I
ELECTRIC DEPT: I. Energy & Environmental Research Group, Inc. (NRG)
contract addition for additional PCB clean-up was noted. City Manager
explained that the City had discovered additional contaminated
transformers which had not been included in the original contract.
Following discussion, it was moved by Soriano, seconded by Burgess and
unanimously carried by all those present to authorize the City
administration to enter into an additional contract with NRG in a sum
not to exceed $25,084, and further that the City Manager is instructed
to negotiate this price down if possible.
PARKS & REC: J. City Manager requested Council approval to appropriate
$7,000, for the preparation of bid documents for the construction of
public restrooms for the greenbelt area. He noted that the only
alternative to this would be to solicit proposals from local
contractors. Following discussion, it was moved by Burgess, seconded by
Soriano and unanimously carried by all those present to authorize the
City Manager to contact local contractors and discuss proposals for
public restrooms and to come up with a proposal.
WATER DEPT: K. City Manager noted receipt of Change Order No. 2 on the
Elling Halvorson, Inc. contract for construction of the Marathon
Hydroelectric project. He stated that the change order was necessitated
by changes to the intake system screens and manifold for a total
additional cost of $10,525.42. Following discussion, it was moved by
Meehan, seconded by Soriano and unanimously carried by all those present
to authorize Change Order No. 2 in an amount not to exceed $10,525.42,
for the Marathon Hydro Project.
I
PUBLIC WORKS: L. City Manager requested Council approval to purchase a new
road grader for the Public Works Department, noting that the City now
owns three graders, the newest being a 1956 model. He added that the
State had recently ordered a large number of graders for a unit price of
$82,000--as compared to the regular price of $130,000--and that the
supplier, Champion, had agreed to sell to the City at the same price if
the order is placed now. Following discussion, it was moved by Meehan,
seconded by Burgess and unanimously carried by all those present to
authorize the City Manager to purchase a grader for a sum not to exceed
$82,058. City Manager stated that a resolution authorizing the purchase
would be prepared and presented to the Council at its next regularly
scheduled meeting.
SEWARD FISH: M. April 9, 1982, letter from John Woodruff, Seward
Fisheries plant manager, requesting approval from the City to erect two
1000 barrel fuel tanks was noted. City Manager requested that this
matter be set for the next meeting, noting that Meehan, an employee of
Seward Fisheries, would have to abstain from voting on the issue,
leaving only three members qualified to vote. There being no objection
voiced, this agenda item was set aside for the April 26, 1982, regular
meeting.
I
JESSE LEE HOME: N. City Manager noted that he had received a request from a
party wishing to purchase approximately 10 acres constituting the Jesse
Lee Homes property for a price of $150,000, or about one-third the
market value. Following discussion, the matter died for lack of a
motion.
BUDGET:
O. City Manager distributed copies of the proposed Fiscal
Year 1982-1983 City budget to Council and requested that they set a work
session as soon as possible to discuss same, adding that he would like
to schedule the first of the public hearings for the April 26, regular
meeting. Campbell, with Council consent, directed the City Clerk to
call a work session immediately following the canvass of the April 20,
election at 4:00 p.m. on Wednesday, April 21, 1982.
PAGE 362
REGULAR MEETING - APRIL 12, 1982
VOLUME 19
XII. CITY MANAGER REPORTS: (Cont'd)
O. City Manager gave a brief report on his April 7-9 trip to
Juneau with Mayor Cripps.
XIII.
COUNCIL DISCUSSION:
P & Z
COMM:
stating
Planning
consent,
A. April 6, 1982, letter from Commissioner Bernard N. Ikerd
his intention to resign his position on the Seward Advisory
and Zoning Commission was noted. Campbell, with Council
directed the City Clerk to advertise the vacancy.
B. In response to questions from Meehan, City Manager
stated that the PCB clean-up was very near completion; the new pick-up
trucks for the Engineering Department had been received; and the City
would plainly mark the taxicab zones as designated.
C COUNCIL: C. Campbell reported to the Council on the City's recent
trade mission to Japan and Korea. He added that a slide presentation
would be made when the full Council was in session.
XIV. CITIZENS' DISCUSSION:
A. Willard Dunham appeared from the audience and reported
that a grant totalling $30,000, had been received for litter control and
recycling within the City, adding that he intended to carry out this
program in conjunction with the Youth Employment Program this summer.
Dunham also requested that the City look into the
proposed reduction in federal funding for Title V, noting that these
funds are essential for the continuation of many of Seward's Senior
Citizen programs.
XV. ADJOURNMENT:
The meeting was
Council went into
adjourned at 9:47 p.m., and following a short
mon"v" '""ion::?i7 'j~' ~''"'.
~.. / ~~rh(,
.~ C el
Vi e yor
~- . \/. ,'''' .
~, "',fi;~f.Y- ~:b,~,
';>' , '~.. .l.,;'.... c"'fI'-,' "J
T~ .,.... ..,,'
'~ OF~~>
PAGE 363
SPECIAL MEETING - APRIL 21, 1982
VOLUME 19
1.
CALL TO ORDER:
The April 21, 1982, special meeting of the Seward City Council
was called to order at 4:00 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
I
flag.
Councilmember Burgess led the pledge of allegiance to the
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Campbell, Meehan, O'Brien, Soriano and Swartz
Present also: City Manager Johnson, City Clerk Murphy and
Deputy City Clerk Reynolds
IV. SPECIAL ITEM:
ELECTIONS/ A. City Clerk distributed a tally of the unofficial results
BUDGET/ of the April 20, 1982, special election in which the electors of the
SGH/ City of Seward voted on the following ballot proposition:
ORD:
SHALL THE CITY OF SEWARD LEVY A ONE PERCENT
SALES TAX AS SET FORTH IN ORDINANCE NO. 507?
The unofficial tally showed a total of 330 votes cast at the polls with
313 of those votes counted by the election board; the remaining 17
ballots were questioned ballots to be considered by the canvass board.
I
The City Clerk distributed a list bearing the names of
the 13 electors who had requested absentee ballots and noted that Pamela
01dow of Precinct No. 1 had been mailed a ballot, but it was not
returned in time for the canvass. The Clerk recommended that the
remaining 12 absentee ballots be approved for counting by the canvass
board. It was moved by O'Brien, seconded by Burgess and carried as
follows to accept the Clerk's recommendation to approve the 12 absentee
ballots for counting:
AYES:
Burgess, Meehan, O'Brien,
Soriano, Swartz and Cripps
None
None
Campbell
NOES:
ABSENT:
ABSTAIN:
Campbell, administrator of Seward General Hospital, abstained due to the
fact that it is Council's intent to use the proceeds derived from the
sales tax to subsidize the hospital.
The absentee ballots as cast by the following electors
were removed from their outer envelopes, shuffled and laid aside to be
counted with the questioned ballots:
Precinc t No. 1
Precinct No. 2
I
ANDORF, Louise A.
BELL, Gerald E.
JOHNSON, Alphretta Metz
OLDOW, Donald J.
ROGERS, Florence L.
ROGERS, Lloyd E.
BENCARDINO, Louis A.
BOOTH, Charles R. III
CAMPBELL, David J.
ECHARD, Charles T.
HATCH, Ralph W.
MOWREY, Harold E.
The Clerk distributed a list bearing the names of those
individuals casting questioned ballots on Election Day. Cripps noted
that the Clerk had recommended that 2 of the 17 questioned ballots not
be counted based on the failure of the voters to meet the requirements
of Section 8-3 of the Seward City Code. Marylee Haddeland of Precinct
No. 2 was registered in the Bear Creek Precinct and had not filed a
PAGE 364
SPECIAL MEETING - APRIL 21, 1982
VOLUME 19
IV. SPECIAL ITEM: (Cont' d)
ELECTIONS/
BUDGET!
SGH/ORD:
(cont'd)
change of address; Bruce C. Sieminski of Precinct No. 2 was not
registered to vote in the State of Alaska. City Clerk recommended that
the remaining 15 ballots be approved for counting. It was moved by
O'Brien, seconded by Swartz and carried as follows to accept 15 of the
questioned ballots and not count those ballots cast by Sieminski and
Haddeland:
AYES:
Burgess, Meehan, O'Brien,
Soriano, Swartz and Cripps
None
None
Campbell
NOES:
ABSENT:
ABSTAIN:
The questioned ballots as
were removed from their outer envelopes
absentee ballots to be counted:
cast by the following electors
and shuffled together with the
Precinct No. 1
Precinct No. 2
BOND, Linda K.
AMOS, Dane R.
ALDEN, Kathleen L.
HAVENS, Marjory C.
BLATCHFORD, Thomas
EARL, Donald C.
GERWER, Ruth E.
GIESELER, Harry E.
GOODWILL, Wendell R.
LECHNER, Margaret D.
MARKS, Mervin C.
MOORE, David E.
PEED, John
RANSOM, Scott A.
TYREE, Cathy L.
The 27 approved ballots were removed from the blank white
inner envelopes by Cripps and read aloud by Soriano with Burgess,
Campbell and Swartz observing and 0' Brien and Meehan conducting the
tally.
The totals of the absentee and questioned ballots counted
were added to the totals of those ballots cast and counted on April 20
by the election boards. The City Clerk read the results of the combined
totals; it was moved by O'Brien, seconded by Burgess and carried as
follows to accept the official tally as read by the Clerk:
AYES:
Burgess, Meehan, O'Brien,
Soriano, Swartz and Cripps
None
None
Campbell
NOES:
ABSENT:
ABSTAIN:
The official results were as follows:
ABSENTEE &
QUESTIONED
TOTALS
PRECINCT NO. 1
PRECINCT NO. 2
AYES:
NOES:
81
35
155
42
24
3
260
80
V.
ADJOURNMENT:
The meeting was
~e ,as, CounciJ, m, et in a
ar 1982-83bud~?t.
j;.' ,'''"
t~ ?-..
~: .
adjourned at 4:20 p.m. and, following a short
work session to discuss the proposed Fiscal
O~a,
Donald W. Cripps
Mayor
PAGE 365
REGULAR MEETING - APRIL 26, 1982
VOLUME 19
I.
CALL TO ORDER:
The April 26, 1982, regular meeting of the Seward City Council
was called to order at 7:32 p.m. by Vice Mayor C. Keith Campbell.
II. OPENING CEREMONY:
Councilmember 0' Brien led the pledge of allegiance to the
I
flag.
Mayor Cripps arrived at 7:34 p.m.
III. ROLL CALL:
Present were: Mayor Cripps; Councilmembers Burgess, Campbell,
Meehan, O'Brien and Swartz; and Junior
Counci1member Bottcher (Absent, with Council
consent, was Councilmember Soriano)
Present also: City Manager Johnson, Assistant City Manager
Schaefermeyer, City Attorney Arvidson and City
Clerk Murphy
PROCLAMATIONS:
The City Clerk read a proclamation of the Mayor declaring
May 9 - 15, 1982, Small Business Week.
IV. APPROVAL OF MINUTES:
I
carried
meeting
written.
It was moved by Swartz, seconded by Campbell and unanimously
by all those present to approve the April 12, 1982, regular
minutes and the April 21, 1982, special meeting minutes as
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. Elk's Lodge presentation
B. Presentation by Bob Richardson
X.
UNFINISHED BUSINESS:
A. Sewer project report
B. Terminal Addition Subdivision and Street names
XII. CITY MANAGER REPORTS:
F. Kerttula Scenic Viewpoint sign
G. Lowell Creek Tunnel
I
City Manager also requested that Items C, D, and E under CITY MANAGER
REPORTS be moved from the regular meeting agenda to the consent
calendar. Following discussion, it was moved by Campbell, seconded by
Meehan and unanimously carried by all those present to approve the
regular meeting agenda and the consent calendar as amended, and the
following actions were taken:
ELECTRIC DEPT:
1.
March 31, 1982, invoice from Baily & Mason totaling
$2198.20, for legal services rendered during March 1982,
was approved for payment and filed.
,
',d.i'.
PAGE 366
V.
REGULAR MEETING - APRIL 26, 1982
VOLUME 19
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd)
2.
April 1, 1982, order instituting fitness investigation
and all-cargo proceeding in the matter of North Pacific
Airline's application for certificate of public
convenience and necessity was noted for information and
filed.
AIRPORT:
POLICE DEPT:
FOURTH OF JULY
CREEK AREA:
FOURTH OF JULY
CREEK AREA:
FOURTH OF JULY
CREEK AREA:
3.
April 14, 1982, letter and enclosed National Warning
System Analysis from Clyde L. Bloker, Communications &
Warning Officer for the State Department of Military
Affairs, was noted for information and filed.
4.
April 15, 1982, invoice from Chris Berg, Inc. requesting
partial payment in the amount of $896,629.82, was filed
without objection.
5.
April 11,1982, invoice from R & M Consultants,
requesting payment in the amount of $8,235.75,
services relating to the Nash Road Transmission
Surveys, was filed without objection.
Inc.
for
Line
6.
April 11, 1982, invoice from R & M Consultants, Inc.
requesting payment in the amount of $3,677 for services
relating to Seward Marine Industrial Center and other
miscellaneous inspection and testing projects, was filed
without objection.
KPB:
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough representative Darryl Schaefermeyer
gave a verbal report of the Borough Assembly meeting of April 20, 1982.
He noted that Administrative Assistant Kerry Martin had been appointed
Seward's representative to the Resource Development Council.
VII. PUBLIC HEARINGS:
A. Notice of Public Hearing as published once in the local
newspaper was noted and the public hearing was opened. City Manager
noted that Council had requested a three percent reduction in the budget
at the work session of April 21, adding that the current reductions
totalled 2.978 percent. He further stated that the administration was
recommending a 5 mill tax levy in town and a 3.2 mill levy for the Nash
Road service area and stated that such a mill rate could be maintained
as long as construction projects continued. No one appeared from the
audience in order to be heard, and the public hearing was closed.
O'Brien questioned including the Harbor in the reduction in enterprise
funds, stating that it was more important to keep the cost of
electricity and water down so that Seward residents would benefit from
these savings. City Manager noted that there had been a 75 percent
reduction in the mill rate since 1977 when Seward residents were paying
a 20 mill property tax. Cripps, with Council consent, called a work
session to be held immediately following the regular meeting to discuss
further changes in the budget. The next public hearing on the Fiscal
Year 1982-83 budget was scheduled for May 10, 1982.
BUDGET:
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
MARINA SUB: A. Jerry Brossow of the Seward Elks' Lodge appeared from the
Audience and requested that Council lease to the Elks a parcel of land
located in the small boat harbor area for the purpose of constructing a
new lodge. In addition, he requested that the lease be granted without
advertising for lease proposals. Following discussion, Cripps, with
Council consent, directed the administration to have the property in
question appraised so that lease negotiations could begin.
PAGE 367
REGULAR MEETING - APRIL 26, 1982
VOLUME 19
VIII.
CITIZENS' DISCUSSION: (Cont'd)
SISTER
CITY: B. Bob Richardson appeared from the audience and suggested
that Council consider sending one or two councilmembers and their wives
to Japan this summer to participate in Expo Hokkaido 1982. Following
discussion, it was moved by O'Brien, seconded by Campbell and
unanimously carried by all those present to send the Mayor and his wife
to represent the City with the City paying. City Manager noted that if
Council wished to send one other couple, money could be found in the
budget to cover the costs.
I
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Rearing and Enactment:
None
C. Resolutions:
FOURTH OF JULY
CREEK AREA/ Cripps
RES:
1. Copies having been made available for the public,
read by title only a resolution entitled:
FINDINGS OF CITY COUNCIL OF SEWARD,
ALASKA, THAT THE PUBLIC INTEREST
WOULD BE BEST SERVED BY NOT REQUIRING
COMPETITIVE BIDDING FOR THE PURCHASE
OF ELECTRIC TRANSMISSION POLES AND
HARDWARE FOR CONSTRUCTION OF THE 4TH
OF JULY CREEK TRANSMISSION LINE.
I
City Manager noted that Council had approved this purchase at the April
12, meeting and that all of the resolutions before Council were house
cleaning measures only. It was moved by Campbell, seconded by Swartz
and unanimously carried by all those present to approve Resolution No.
82-19.
PARKS & REC/ 2. Copies having been made available for the public,
RES: Cripps read by title only a resolution entitled:
FINDING OF CITY COUNCIL OF SEWARD,
ALASKA, THAT THE PUBLIC INTEREST
WOULD BE SERVED BY NOT REQUIRING
COMPETITIVE BIDDING FOR THE PUR-
CHASE OF BALLFIELD BLEACHERS AND
BACKSTOPS.
It was moved by Meehan, seconded by Campbell and unanimously carried by
all those present to approve Resolution No. 82-20.
FINANCE DEPT/ 3. Copies having been made available to the public,
RES: Cripps read by title only a resolution entitled:
A RESOLUTION APPROVING A FINANCIAL
AGREEMENT WITH FIRST SOUTHWEST COMPANY.
I
It was moved by Campbell, seconded by Swartz and unanimously carried by
all those present to approve Resolution NO. 82-21.
PUBLIC WORKS/ 4. Copies having been made available to the public,
RES: Cripps read by title only a resolution entitled:
FINDINGS OF CITY COUNCIL OF SEWARD,
ALASKA, THAT THE PUBLIC INTEREST
WOULD BE BEST SERVED BY NOT REQUIRING
COMPETITIVE BIDDING FOR THE PURCAHSE
OF A ROAD GRADER.
PAGE 368
REGULAR MEETING - APRIL 26, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
PUBLIC WORKS/Following discussion, it was moved by Campbell, seconded by Meehan and
RES: unanimously carried by all those present to approve Resolution No.
(Cont'd) 82-22.
X.
UNFINISHED BUSINESS:
SEWAGE TRMT: A. City Attorney noted the following documents relating to
the negotiations with parties involved in the failure of pump stations 1
and 3 of the sewer project and which had been distributed to Council
prior to the start of the meeting:
1. April 6, 1982, settlement agreement between the City
and Brown & Associates, J.V.
2.
April 9, 1982, letter from the State
Environmental Conservation approving
settlement with Brown & Associates.
Department of
the proposed
3. April 14, 1982, letter from Assistant City Manager
to Sid Clark of Arctic Environmental Engineers, Inc.
concerning repair of pump stations 1 and 3.
4. April 23, 1982, Engineering Contract Recap.
City Attorney recommended that Council raise the "not to exceed" figure
on the Arctic Environmental Engineers, Inc. contract by $53,000. He
added that this was for work performed before December 18 and after
January 17 under the contract but unrelated to pump stations 1 and 3.
City Attorney stated that the administration was still negotiating with
Brown & Associates, adding that a change order for their contract would
be presented to Council at the May 10 regular meeting. He further noted
that the total cost for the project would still be under the grant
amount by approximately $100,000. In response to a question from
O'Brien, City Engineer Small appeared from the audience and stated that
the pump stations failed because they were not built according to the
plans, adding that changes were being made to correct this.
P & Z COMM/
TERMINAL
ADDN:
B. City Manager noted Unapproved Minute Order of the Seward
Advisory Planning and Zoning Commission from their special meeting of
April 21, 1982, as distributed to Council. It was the Advisory
Commission's recommendation that the Terminal Addition Subdivision be
renamed "Gateway Subdivision" and that the four streets to be named be
given the following designations: LaTouche, Tyonic, Unimak and Phoenix.
Following discussion, it was moved by Burgess, seconded by Swartz and
unanimously carried by all those present to accept the names as
submitted by the Seward Advisory Planning and Zoning Commission.
XI. NEW BUSINESS:
None
XII. CITY MANAGER REPORTS:
SEWARD FISH: A. April 9, 1982, letter from John Woodruff, Seward
Fisheries, seeking City approval to erect fuel tanks, was noted. City
Manager stated that he had been assured that the tanks would be properly
installed; they would be used to store residual fuel to cut energy .costs
at the Fisheries. Following discussion, it was moved by Campbell,
seconded by Swartz and carried as follows to approve the application for
installation of fuel tanks at Seward Fisheries to hold residual fuels:
AYES:
Burgess, Campbell, O'Brien, Swartz
and Cripps
None
Soriano
Meehan
NOES:
ABSENT:
ABSTAIN:
PAGE 369
REGULAR MEETING - APRIL 26, 1982
VOLUME 19
XII. CITY MANAGER REPORTS: (Cont'd)
SEWARD FISH: Meehan abstained due to the fact that he is a member of the management
(cont'd) of Seward Fisheries.
SISTER CITY:
B. April 19, 1982, memorandum from Administrative Assistant
Martin regarding Expo Hokkaido '82, was noted. City Manager recommended
that Council appropriate $8435 to send Rhonda Anderson and Harume Kawabe
to represent Seward and Alaska at the Expo, noting that both were born
and raised in Seward and read, write and speak Japanese. In response to
a question from Meehan, Martin appeared from the audience and explained
that pictures of the Fourth of July project had not been included in the
layout of color transparencies in the Seward exhibit because the only
pictures available show undeveloped land and construction of the
facility. Swartz suggested that there should be something in the
exhibit depicting Seward as the home of the Alaska flag and the start of
the Iditarod TraiL O'Brien requested that some thought be given to
supplying pamphlets with additional background on Seward. Following
discussion, it was moved by O'Brien, seconded by Campbell and
unanimously carried by all those present to accept the recommendation of
the administration to send these two girls to Expo Hokkaido for the
summer for a sum not to exceed $8435.
I
C. D. & E.
Moved to consent calendar at City Manager's
request.
~EGISLATIVE REPS: F. April 26, 1982, memorandum from Administrative Assistant
Martin regarding the Kerttula Scenic Viewpoint sign as distributed to
Council was noted. Following discussion, it was moved by Meehan,
seconded by Campbell and unanimously carried by all those present to
spend an estimated $740.77 to erect the Kerttula Scenic Viewpoint sign.
"lATER DEPT:
I
G. City Manager stated that, at the request of Council, the
administration had asked help from the Corps of Engineers in inspecting
and planning repairs and maintenance of the Lowell Creek Tunnel, but the
Corps had failed to adequately respond to the City's request. He was
now recommending that Council direct the administration to advertise for
proposals from qualified engineering firms to give the City some
direction in this matter. It was so moved by Meehan, seconded by
Campbell and unanimously carried by all those present.
RECESS:
The meeting was recessed at 9:05 p.m.; reconvened at 9:17 p.m.
H. City Manager reminded Council of the luncheon with a
delegation from Palmer which was scheduled for Wednesday, April 28, at
noon at the Harbor Dinner Club.
XIII.
COUNCIL DISCUSSION:
LOCAL ORGS: A. April 7, 1982, letter from Eligio G. White, Director of
Child Development for the Rural Alaska Community Action Program, Inc.
relating to the Head Start Pre-school Program was noted. Burgess stated
that his wife, Sandra, had volunteered to look into this agenda item and
report back to Council at the next meeting. Cripps, with Council
consent, set this agenda item over until the May 10, meeting when Ms.
Burgess will be scheduled to appear under CITIZENS' DISCUSSION.
I
B. Junior Councilmember Bottcher reported
school sign paid for by Council had arrived, adding
class had bought the letters and the letter changer.
that the high
that the Senior
C. Burgess reported that the footbridge at Resurrection
River was on site and that it should be ready for use soon.
D. Meehan complimented Kerry Martin on his report of the
Seward Trade Mission to Japan. He also commended the Police Department
for its maintenance of Seward's warning system.
PAGE 370
REGULAR MEETING - APRIL 26, 1982
VOLUME 19
COUNCIL DISCUSSION: (Cont'd)
E. Campbell reported that on Saturday,
hosted a visiting Korean delegation, and that among
Vice Premier of Korea.
April 24, he had
its number was the
Campbell also suggested that the administration should
look into forming a new borough on the eastern side of the Peninsula.
In response to a question from O'Brien, he stated that this side of the
Peninsula has a tax base sufficient to support itself, noting that the
bulk of the proceeds which Seward receives from the Kenai Peninsula
Borough goes to funding the schools, and a large percentage of the
school funding comes from the State. Cripps, with Council consent,
directed the administration to look into the formation of a new borough.
F. Swartz asked the administration to direct a letter to the
Corps of Engineers requesting rip rap to stop the potential flooding in
Forest Acres caused by overflow from Resurrection River.
G. Burgess stated that he had received several complaints
about the City employees and City-owned vehicles taking up parking
spaces in front of the building. O'Brien suggested that the City
parking lot might be put to more use if a set of stairs connecting it to
the sidewalk was constructed.
H. Cripps commended the Public Works Department for their
street cleaning efforts.
Cripps also recommended that Seward invest in some type
of memento (such as a City of Seward lapel pin) to give to visiting
dignataries.
Cripps then suggested that the Council consider
reorganizing the City's form of government, moving from a City Manager
to a strong Mayor form. He stated that this would make the man in
charge more responsive to the people. Swartz, Campbell and O'Brien
spoke in opposition to this suggestion, stating that Seward would not be
able to produce enough qualified people to run for such an office with
O'Brien adding that the City Manager is both accessible and responsive
to the people.
I. Swartz stated that she was elated that the sales tax
passed so overwhelmingly.
XIV. CITIZENS' DISCUSSION:
A. Kerry Martin, appearing from the audience, suggested that
the City consider changing the name of Japp Creek to something less
offensive. Swartz suggested that it be named for the late Harry Kawabe.
City Manager stated that he would have Martin investigate the procedures
necessary for changing the name.
XV. ADJOURNMENT:
The meeting was adjourned at 10:00 p.m. and, after a short
recess, the Council reconvened in a work session to discuss the proposed
Fiscal Year 82-83 budget.
iLiLu:
W. Cripps
PAGE 371
REGULAR MEETING - MAY 10, 1982
VOLUME 19
I. CALL TO ORDER:
The May 10, 1982, regular meeting of the Seward City Council
was called to order by Vice-Mayor C. Keith Campbell at 7:30 p.m.
II. OPENING CEREMONY:
Councilmember Burgess led the pledge of allegiance to the
I
flag.
III.
ROLL CALL:
Present were: Vice-Mayor Campbell and Counci1members Burgess,
Meehan, O'Brien, Soriano**, and Swartz.
(Absent, with Council consent, was Mayor
Cripps)
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Johnson, Assistant City Manager
City Attorney Hughes and City
PROCLAMATION:
PROCLAMATIONS & At the request of Vice-Mayor Campbell, the Clerk read aloud a
TRIBUTES: proclamation declaring the month of May to be Litter Prevention and
Cleanup Month and the week of May 16-22, to be Cleaner Seward Week.
IV. APPROVAL OF MINUTES:
It was moved by Meehan, seconded by O'Brien and unanimously
carried by all those present to approve the April 26, 1982, regular
meeting minutes as written.
I
**Councilmember Soriano arrived at 7:35 p.m.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that Item 7 under Resolutions (Section
IX C)--proposed Resolution No. 82-29--and Item A under UNFINISHED
BUSINESS (Section X)--change orders 8 and 9 from Brown and
Associates--be deleted from the regular meeting agenda. He also
requested the following additions to the regular meeting agenda:
XI.
NEW
B.
BUSINESS:
Professional contract
Engineering in an amount
for services relating to
station
with Trans-Alaska
not to exceed $3500
the Coast Guard lift
XII. CITY MANAGER REPORTS:
B. Rental of boxcar next to lagoon
City Manager also requested the addition of the following items to the
Consent Calendar:
Item
C. Manager Recommendation
2.
May 3, 1982, invoice from
Trans-Alaska Engineering
in the amount of $1285, for
engineering services re-
lating to the U.S. Coast
Guard lift station
Approve for payment & file
I
3.
April 26, 1982, letter
from the Dept. of Com-
munity & Regional Affairs
and accompanying contract
increasing the City's Day
Care Assistance Program
in the amount of $5564
For information and file
WATERFRONT
TRACTS:
PAGE 372
REGULAR MEETING - MAY 10, 1982
VOLUME 19
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd)
It was moved by O'Brien, seconded by Burgess and unanimously
carried by all those present to approve the regular meeting agenda and
the consent calendar as amended, and the following actions were taken:
1.
April 26,
Highways,
TUSTUMENA
1982, letter from Jim Eide, Director
concerning vessel replacement for
was noted for information and filed.
of Marine
the M/V
HARBOR DEPT:
2.
May 3, 1982, invoice from Trans-Alaska Engineering in the
amount of $1285, for engineering services relating to the
U. S. Coast Guard lift station was approved for payment
and filed.
LOCAL ORGS:
3.
April 26, 1982, letter from the Department of Community
and Regional Affairs and accompanying amendment number 2
to the City's Day Care Assistance Program contract
increasing the contract amount by $5564, was noted for
information and filed.
BUDGET:
TV:
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly representative Darryl
Schaefermeyer gave a verbal report of the assembly meeting of May 4,
1982.
VII. PUBLIC HEARINGS:
A. Notice of Public Hearing as published twice in the local
newspaper and posted was noted and the public hearing on the proposed
Fiscal Year 1982-83 budget was opened. City Manager noted that this
amended budget was still based on a 5 mill tax levy, adding that the
only changes were a transfer of enterprise funds from the Harbor to the
City utilities and a $4100 reduction in the funds originally budgeted to
KRXA Radio. No one appeared from the audience in order to be heard, and
the public hearing was closed.
City Manager noted that the final public hearing on the
proposed budget would be held and a vote for adoption considered at the
May 24, 1982, regular meeting of the Council.
VII I.
CITIZENS' DISCUSSION: (With prior notice only)
A. Gary L. Ferguson, president of Resurrection Bay
Entertainment Television, Inc., appeared from the audience and requested
Council's permission to lease the City's satellite receiving station for
the purpose of operating a pay television station in Seward. He stated
that he had entered into an agreement with Visual Entertainment
Unlimited (VEU) which provided for a transfer of VEU's FCC license and
their agreement with the City to lease the receiving station for the sum
of $1800 per year. In response to a question from Campbell concerning
the "skin" movies broadcast on Channel 17 Friday and Saturday night,
Ferguson stated that VEU had been transmitting to test the equipment and
to prove that it was operational. Several questions were raised by
Council concerning Ferguson's background, financial position and the
status of his application for transfer of VEU's FCC license. City
Manager noted that there is no existing contract between the City and
VEU--the City agreed to enter into an agreement with VEU contingent upon
certain conditions being met by VEU, but that was 18 months ago and
since that time none of the conditions had been met. Following
discussion, Campbell, with Council consent, called a work session
immediately following the close of regular business to further discuss
Ferguson's proposal and to put together a list of questions to be
answered by Ferguson prior to the May 24, 1982 regular meeting when a
public hearing would be held on the proposed lease.
PRESENTATION:
SISTER CITY: Albert Kawabe appeared from the audience and introduced Mr.
Kitano of Kushiro, Japan who presented Campbell with a large carved
PAGE 373
REGULAR MEETING - MAY 10, 1982
VOLUME 19
PRESENTATION: (Cont'd)
SISTER
CITY:
(cont'd)
wooden statue and a bound volume of photographs of Kushiro and other
points of interest on the island of Hokkaido. Kawabe noted that a large
delegation from Kushiro would be visiting Seward in August.
VIII.
CITIZENS' DISCUSSION:
(Cont'd)
I LOCAL
ORGS: B. Sandra Burgess appeared from the audience and reported on
her investigation of the State's Head Start pre-school program. She
noted that, at this time, the State was trying to determine if the need
and interest in this type of program exists in Seward. Burgess further
stated that the City would have to supply space for the program free of
charge; the State would then pay utilities, any remodeling costs and
other necessary funding. At Council's request, Burgess agreed to draw
up and submit the necessary survey and forms needed by Rural CAP to
determine Seward's eligibility. City Manager thanked Burgess and
expressed the City's appreciation for her assistance.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
POLICE DEPT/ 1. Copies having been made available to the public,
ORD: Campbell noted by title only a proposed ordinance to regulate the sale
of drug paraphernalia entitled:
I
AN ORDINANCE AMENDING THE CITY OF
SEWARD CODE BY PROVIDING FOR REGU-
LATION OF ITEMS DESIGNED OR MARKETED
FOR USE WITH CONTROLLED SUBSTANCES.
Notice of Public Hearing as published twice in the local newspaper and
posted was noted, and the public hearing was opened. In response to a
question from Willard Dunham (who appeared from the audience), City
Attorney explained that this ordinance differed from the one passed in
Anchorage in that it regulates the sale of drug paraphernalia but does
not make possession of same illegaL No one else appeared from the
audience to be heard and the public hearing was closed. Following
discussion, it was moved by Soriano, seconded by Swartz and unanimously
carried by all those present to enact Ordinance No. 508.
C. Resolutions:
LOCAL ORGS/ 1. Copies having been made available to the public,
RES: Campbell noted by title only a proposed resolution authorizing the City
Manager to apply for funds for the administration of the City's Day Care
Assistance Program entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AUTHORIZING PARTICIPATION IN THE
STATE DAY CARE ASSISTANCE PROGRAM
PURSUANT TO AS 44.47.250-310.
I
It was moved by O'Brien, seconded by Soriano and unanimously carried by
all those present to approve Resolution No. 82-23.
SISTER CITY! 2. Copies having been made available to the public,
RES: Campbell noted by title only a proposed resolution financing a trip to
Japan for the hostesses representing Seward in the Alaska Exhibit at
EXPO HOKKAIDO 1982, entitled:
"r
PAGE 374
REGULAR MEETING - MAY 10, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (cont'd)
SISTER CITY/RES: (con't)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA, AP-
PROPRIATING FUNDS TO FINANCE A
TRIP TO JAPAN FOR TWO HOSTESSES
FOR THE ALASKA EXHIBIT AT THE
HOKKAIDO EXPO 1982.
It was moved by O'Brien, seconded by Soriano and unanimously carried by
all those present to approve Resolution No. 82-24.
3. Copies having been made available to the public,
Campbell noted by title only a proposed resolution financing a trip to
Japan for the Mayor and his wife, entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA, AP-
PROPRIATING FUNDS TO FINANCE A
TRIP TO EXPO HOKKAIDO 1982, FOR
THE MAYOR AND HIS WIFE.
It was moved by Swartz and seconded by Meehan to approve proposed
Resolution No. 82-25. In response to a question from Meehan concerning
the possibility of sending another couple along with the Mayor and his
wife, it was unanimously carried to table the resolution until the May
24, regular meeting. Campbell, with Council Consent, added discussion
of this agenda item to the agenda for the work session to follow the
close of regular business.
LEG REP/
RES:
Campbell
available
4.
noted by
to erect a
Copies having been made available to the public,
title only a proposed resolution making funds
sign at Kerttula Scenic Viewpoint, entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA, AP-
PROPRIATING FUNDS FOR THE PURPOSE
OF ERECTING A SIGN DESIGNATING
KERTTULA SCENIC VIEWPOINT.
It was moved by Meehan, seconded by Soriano and unanimously carried by
all those present to approve Resolution No. 82-26.
BUDGET!
RES:
5. Copies having been made available to the public,
Campbell noted by title only a proposed resolution amending the 1981-82
Fiscal Year budget, entitled:
A RESOLUTION AMENDING THE 1981-82
FISCAL YEAR BUDGET BY INCREASING
FUNDS FROM CONTRACT AND LEGAL AD-
MINISTRATION.
I t was moved by Swartz, seconded by Meehan and unanimously carried by
all those present to approve Resolution No. 82-27.
SEWAGE TRMT/ 6. Copies having been made available to the public,
RES: Campbell noted by title only a proposed resolution increasing the not to
exceed amount of the City's contract with Arctic Engineers, entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA, RE-
GARDING APPROVAL OF CONTRACT CHANGE
WITH ARCTIC ENGINEERS, INC.
Assistant City Manager noted that the City had originally entered into a
contract with Arctic Engineers for the design and construction
management of the Seward Interceptors and Waste Water Treatment
Facilities in an amount not to exceed $367,743. Due to Council approved
contract extensions totalling 60 days, the revised contract amount of
PAGE 375
REGULAR MEETING - MAY 10, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (cont'd)
SEWAGE
TRMT /
RES:
(cont'd)
$421,098.26 resulted in a needed contract adjustment in the not to
exceed figure in the amount of $53,355.26. Acting City Manager further
explained that the State Department of Environmental Conservation had
agreed to the terms of this agreement with Arctic Engineers. Following
discussion, it was moved by Soriano, seconded by Meehan and unanimously
carried by all those present to approve Resolution No. 82-28.
I
7. Deleted
FOURTH
CREEK
AREA!
RES:
OF JULY 8. Copies having been made available to the public,
Campbell noted by title only a proposed resolution providing for
hydro seeding for shore protection and erosion control along the Nash
Road extension and the lagoon area, entitled:
FINDINGS OF THE CITY COUNCIL OF
SEWARD, ALASKA, THAT THE PUBLIC
INTEREST WOULD BE BEST SERVED BY
NOT REQUIRING COMPETITIVE BIDDING
FOR THE HYDROSEEDING OF NASH ROAD.
I
City Manager requested that the title of the proposed resolution be
changed to read ".. .HYDROSEEDING FOR SHORE PROTECTION" rather than
". . . HYDROSEEDING OF NASH ROAD". April 20, 1982, letter from BUSH
Landscaping and Nursery Co. offering to perform the needed hydroseeding
for the sum of $14,547.50, and April 26, 1982, memorandum from City
Engineer Small noting that Wilder had originally bid $20,000 to perform
the same service, were noted. Small's memo went on to state that the
hydroseeding had been deleted from the original contract with Wilder
because it would have extended the completion date of the contract.
Following discussion, it was moved by Meehan, seconded by Swartz and
unanimously carried by all those present to approve Resolution No.
82-29, as amended.
RECESS:
The meeting was recessed at 8:55 p.m.; reconvened at 9:05 p.m.
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
SCHOOLS: A. May 3, 1982, letter from Robert F. Richardson,
Administrator of the Alaska Vocational Technical Center, requesting that
5 acres of land be set aside in the Fourth of July Creek Marine
Industrial Center for educational purposes was noted. O'Brien voiced
his concern with the location selected by AVTEC, stating that while he
was in favor of the concept of designating a portion of the Fourth of
July Creek area for AVTEC's use, this particular parcel might be better
used in another capacity. City Manager stated that a draft plat of the
entire subdivision would be available for Council's review at the May
24, 1982, regular meeting of the City Council. Campbell, with Council
consent, instructed the City Manager to convey Council's receptivity to
this proposal to Richardson. Further discussion of this agenda item was
continued until the next regularly scheduled meeting.
I
HARBOR DEPT: B. City Manager requested Council approval of a professional
services agreement with Trans-Alaska Engineering in an amount not to
exceed $3500 for contract management services relating to the Coast
Guard lift station, adding that the City would be reimbursed by the
Coast Guard for this expenditure. O'Brien questioned the need for going
outside the City for a project this size, stating that this service
should be performed in-house by the City Engineering Department.
Following discussion, it was moved by Burgess, seconded by Soriano and
failed to carry as follows to authorize the City Manager to enter into a
contract with Trans-Alaska Engineering for contract management services
for the Coast Guard lift station in an amount not to exceed $3500:
AYES:
NOES:
ABSENT:
BURGESS, MEEHAN AND CAMPBELL
O'BRIEN, SORIANO AND SWARTZ
CRIPPS
'. -..... -j
" l (J
PAGE 376
REGULAR MEETING - MAY 10, 1982
VOLUME 19
XII. CITY MANAGER REPORTS:
A. City Manager stated that he had received a proposal to
rent the boxcar next to the lagoon for the sum of $15 per month for a
period not to exceed 6 months. Campbell, with Council consent,
authorized the City Manager to enter into such an agreement.
B. City Manager noted copies of the plat of the proposed
parcel of land to be leased to the Elks Lodge which had been distributed
to Council prior to the meeting. Campbell, with Council consent,
instructed the City Manager to order an appraisal of the property and to
schedule a public hearing for the May 24, 1982 regular meeting to
discuss the proposed lease.
C. City Manager noted that the first hearing before the
Alaska Public Utilities Commission on the proposed Chugach Electric
Association (CEA) rate increase had been held, and that CEA was now on
record with a promise to furnish long-term wholesale power to Seward.
D. City Manager requested permission from Council to
approach the State concerning lifting the deed restrictions on the
parcel of land next to the City park and directly across from the Rec
Camp, thus allowing the City to move the City Shop and Pole Yard to that
location. O'Brien and Campbell expressed their concern that this not
become an eyesore since the property in question fronts the Seward
Highway. Soriano voiced his support of the administration's request.
In response to a question from Burgess, City Manager stated that there
would be ample room at the new location for projected future growth.
Campbell, with Council consent, authorized the City Manager to petition
the State to lift the deed restrictions which now prevent this type of
use.
E. City Manager gave a brief overview of the various capital
projects which have bid openings within the next week along with those
now under construction.
F. City Manager asked for Council permission to solicit logo
designs for the City of Seward for use on City stationery, vehicles,
checks and medallions. Following discussion, Council directed the City
Manager to initiate a logo contest offering $500 to the winning design.
XIII.
COUNCIL DISCUSSION:
RADIO:
A. April 27, 1982, letter from Hank LaDuke. General Manager
of KRXA Radio, concerning proposed time sharing between commercial and
public radio stations was noted. LaDuke appeared from the audience and
stated that this was a new concept which would allow expanded broadcast
time and subject matter for the Seward area. He added that he is now
negotiating with Charles Northrip, Executive Director of the Alaska
Public Broadcasting Corp., and that he would keep Council informed as to
his progress. O'Brien voiced his support for this project.
B. Meehan stated that he had attended a meeting of the
Iditarod National Historic Trail Management Plan in Anchorage on May 8.
He added that the first Trail Blazers group would be formed in Seward in
the near future and instructed the Clerk to send a written invitation to
some of the organizers to appear at the May 24, 1982 meeting to give a
short presentation.
C. O'Brien stated that the City should design and order some
distinctive, silver olympic-type medallions to give to visiting
dignitaries and possibly to the legislators at the beginning of next
year's session. Swartz added that whatever is decided on should be
special and distinctively Seward.
D. City Manager asked that the newspaper print the City's
invitation to take anyone who is interested to Fourth of July Creek to
see the dredge in action. Requests should be made through the City
Manager's office.
PAGE 377
REGULAR MEETING - MAY 10, 1982
VOLUME 19
XIV. CITIZENS' DISCUSSION:
A. Willard Dunham appeared from the audience and requested
an explanation from the City Engineer concerning the radio static caused
by the power lines in town. City Engineer Small stated that he had not
been aware that there was a problem, but his department would look into
it.
I
XV.
ADJOURNMENT:
The meeting was adjourned at 10:05 p.m., and following a short
recess, Council immediately went into a work session to discuss Gary
Ferguson's proposal to lease the satellite receiving station and
amendments to proposed Resolution No. 82-25.
_'ii,Jl.lL17.l:l4"~
..;_/i."-'>" ::;:' 'V/,' '_
(City Seal)
~ ,
,..-.....; ....'
-:,,';
------------------------------------------------------------------------
PAGE 377
REGULAR MEETING - May 24, 1982
VOLUME 19
I.
CALL TO ORDER:
I
The May 24, 1982, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Vice Mayor C. Keith Campbell.
II. OPENING CEREMONY:
Councilmember Soriano led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Vice Mayor Campbell and Councilmembers Burgess,
Meehan, 0' Brien, Soriano and Swartz (Absent,
with Council consent, was Mayor Cripps)
Present also: City Manager Johnson, Assistant City Manager
Schaefermeyer, City Attorney Arvidson and City
Clerk Murphy
IV. APPROVAL OF MINUTES:
It was moved by O'Brien, seconded by Soriano and unanimously
carried by all those present to approve the May 10, 1982, regular
meeting minutes as presented.
I
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the following item be deleted from
the regular meeting agenda:
IX.
ORDINANCES AND RESOLUTIONS:
C. Resolutions:
9. Proposed Resolution No.
successful completion of
Interceptor and Waste Water
82-37, regarding
the Seward Sewer
Treatment Facility
',7Q
C ATTORNEY:
FINANCE DEPT;
AIRPORT:
BUDGET:
MARINA SUB:
*****
*****
PAGE 378
VOLUME 19
REGULAR MEETING - MAY 24, 1982
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
(Cont'd)
City Manager requested that the following additions be made to the
regular meeting agenda:
IX. ORDINANCES AND RESOLUTIONS:
C. Resolutions:
10. Proposed Resolution No. 82-37, relating to the
construction of the Small Boat Harbor fish
cleaning facility and two public restrooms
XI. NEW BUSINESS:
B. Fort Raymond Monument
C. Increasing the Ottwater contract for the Marathon
Hydro project in an amount not to exceed $15,000
D. Purchase of Bucket Truck
E. Essential air service
XII. CITY MANAGER REPORTS:
D. Trip to Hokkaido
E. City Manager resignation
Following discussion, it was moved by Meehan, 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 actions were taken:
1.
May 5, 1982, invoice
Powell and Brundin for
month of March, 1982,
approved for payment and
from Hughes, Thorsness, Gantz,
legal services rendered in the
and totalling $12,377.19, was
filed.
2.
Finance Department's list of accounts payable for the
month of March 1982, totalling $11,912.75, was approved
for payment and filed.
3.
May 7, 1982, Response to Order Requesting Information as
submitted by North Pacific Airlines, Inc. was noted for
information and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly representative Darryl
Schaefermeyer gave a verbal report of the Assembly meeting of May 18,
1982.
VII. PUBLIC HEARINGS:
A. Notice of public hearing as published twice in the local
newspaper and posted was noted and the public hearing on the proposed
Fiscal Year 1982-83 budget was opened. City Manager noted a transfer of
$77,484 from the Mayor and Council fund to the Utilities fund to pick up
bond payments which will be coming due, thereby holding the line on
water and sewer rates for another year. He added that the proposed
budget was still based on a 5 mil levy. No one appeared from the
audience in order to be heard, and the public hearing was closed.
Campbell stated that the budget would be discussed under Agenda item
IX (C) (8), when the proposed resolution adopting the budget was to be
considered.
B. Notice of public hearing as published twice in the local
newspaper and posted was noted and the public hearing on the proposed
lease of property located in the Small Boat Harbor to the Seward Elk's
Lodge was opened. City Manager noted May 21, 1982, letter from the
Appraisal Company of Alaska indicating a fair market rental value of the
16,000 square foot parcel in the amount of $4032 annually. Ray
Gillespie, 207 Resurrection Blvd., v~ifv~~~~iff~g/t~~/~/~~~~~~t/pt
r-p~tf-M,/ appeared from the audience and spoke in opposition of the
lease of this particular parcel of land for anything other than marine
related use. Gillespie noted that the Land Use Plan adopted by the City
See page 287, Volume 19 - Amendment to minutes.
MARINA SUB:
(cont'd)
I
TV:
I
I
PAGE 379
REGULAR MEETING - MAY 24, 1982
VOLUME 19
VII.
PUBLIC HEARINGS: (Cont'd)
restricted use of the Boat Harbor area to water related uses and that
the property in question was currently zoned lip" Public District. He
urged Council to consider the future expansion and projected needs of
the Harbor area before entering into a lease such as the one proposed.
Willard Dunham also appeared from the audience and spoke in opposition
of the proposed lease. Richard Beissner, 214 Marathon Drive; Harold
Davis, 609 Third Avenue; Don McCloud, 208 Marathon Drive; Marvin
Richardson, Washington Street; Ivan Darbyshire, 304 Second Avenue; Ron
Devereaux, 211 Marathon Drive; and Jerry Brossow, Bear Creek Drive,
spoke in favor of the proposed lease. Dave Cich, 509 Third Avenue,
voiced his concern that the placement of a facility such as the Elk's
Lodge in the Boat Harbor area would cause an even greater influx of
traffic to the area, compounding what is already a severe traffic
congestion and parking problem. No one else appeared from the audience
in order to be heard, and the public hearing was closed. Responding to
a question from 0' Brien, City Attorney stated that since none of the
Councilmembers had a substantial direct or indirect financial interest
in the Elk's Lodge, their membership in the organization would not
preclude their voting on any motion concerning the proposed lease.
Following discussion, it was moved by Soriano, seconded by Swartz and
unanimously carried by all those present to instruct the administration
to negotiate a lease with the Seward Elk's Lodge.
C. Notice of public hearing as published twice in the local
newspaper and posted was noted and the public hearing on proposed lease
of the City's satellite receiving station to Resurrection Bay
Entertainment Television, Inc. (RBETV) for the purpose of operating a
pay television station in Seward was opened. City Manager noted the
following items which had been supplied by Gary Ferguson, President of
RBETV, at Council's request:
Copy of agreement between Visual Entertainment Unlimited
and RBETV;
Personal financial statement for Gary L. Ferguson;
Proformas for TV system and financial statements for
Aleutian Services, Inc.;
Letter of Intent from National Bank of Alaska;
Copy of VEU's application to FCC;
Copy of construction permit issued to VEU;
Copy of RBETV's application for transfer of construction
permit from VEU to RBETV; and
Resume of work experience and business dealings for the
past 21 years.
Ferguson, appearing from the audience, stated that the only item not
supplied was a copy of RBETV's application for FCC license, adding that
he could not supply that until the station was operational. Don
McCloud, 208 Marathon Drive; Willard Dunham, Forest Acres; and Dave
Cich, 509 Third Avenue, all appearing from the audience, spoke in favor
of granting the proposed lease. Beverly Dunham, Forest Acres, stated
that the City should charge more than the $1800 annual lease fee which
had been suggested. Hank LaDuke, general manager of KRXA Radio,
appeared from the audience requesting permission for KRXA to receive and
transmit radio signals from the receiving station. He went on to state
that KRXA would like the opportunity to negotiate a lease with the City
for the operation of a Mini TV station. No one else appeared from the
audience in order to be heard, and the public hearing was closed.
Following discussion, it was moved by O'Brien, seconded by Soriano and
carried as follows to instruct the administration to negotiate a lease
agreement with Resurrection Bay Entertainment Television, Inc. for the
use of the City's satellite receiving station for the purpose of
\~ il
PAGE 380
REGULAR MEETING - MAY 24, 1982
VOLUME 19
VII. PUBLIC HEARINGS: (Cont'd)
TV:
(cont'd)
operating a pay TV station for an annual rental fee of $1800, with the
rental fee to be reviewed on a yearly basis:
AYES:
Burgess, O'Brien, Soriano, Swartz and
Campbell
Meehan
Cripps
NOES:
ABSENT:
VII I.
CITIZENS' DISCUSSION: (With prior notice only)
LOCAL
PARKS
REC:
ORGS/ A. Terry O'Sullivan, Joint Federa1!State Trail Office; Clay
& Bea1, U. S. Forest Service; and Joe Redington, Iditarod National
Historic Trail Management Plan organizer, at Council's invitation, made
a presentation regarding the status of the Iditarod National Historic
Trail and the formation of the Trail Blazer Clubs.
RECESS:
The meeting was recessed at 9:15 p.m.; reconvened at 9:25 p.m.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
SISTER CITY/ 1. Copies having been made available to the public,
RES: Campbell noted by title only proposed resolution relating to financing a
trip to EXPO HOKKAIDO 1982 for the official representatives of the City
of Seward, entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
APPROPRIATING FUNDS TO FINANCE
A TRIP TO EXPO HOKKAIDO 1982,
FOR THE OFFICIAL REPRESENTATIVES
OF THE CITY OF SEWARD.
City Manager noted that Council, at the May 10, 1982 meeting, had
instructed the administration to arrange transportation and lodging for
Mayor Cripps and Counci1member Swartz and their respective spouses for
the journey to Japan to represent the City of Seward at the EXPO
HOKKAIDO festivities. He added that he had been successful in obtaining
reservations for only one couple thus far, but would continue his
endeavors to secure the second set of reservations. It was moved by
Soriano, seconded by Meehan and carried as follows to approve Resolution
No. 82-25:
NOES:
ABSENT:
ABSTAIN:
Burgess, Meehan, O'Brien, Soriano and
Campbell
None
Cripps
Swartz
AYES:
4TH OF JULY CREEK 2.
AREA/RES: Campbell noted by
construction of a
Center, entitled:
Copies having been made availab le to the public,
title only two proposed resolutions relating to the
transmission line to the Seward Marine Industrial
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AWARDING CONTRACT FOR CONSTRUC-
TION OF SEWARD MARINE INDUSTRIAL
PARK UTILITIES, 4TH OF JULY CREEK
TRANSMISSION LINE, TO COMMONWEALTH
ELECTRIC; and
PAGE 381
REGULAR MEETING - MAY 24, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions (Cont'd)
4TH OF JULY CREEK AREA/
RES: (cont'd)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AWARDING CONTRACT FOR CONSTRUC-
TION OF SEWARD MARINE INDUSTRIAL
PARK UTILITIES, 4TH OF JULY CREEK
TRANSMISSION LINE, TO POWER TWO,
A JOINT VENTURE.
I
City Attorney noted that Power Two was the apparent low bidder with a
bid for construction of the transmission line in the amount of $277,000.
He noted the May 19, 1982, letter from Power Two requesting that their
bid be rejected on the grounds that the proposal contained "clerical
and/ or mathematical errors". The second low bid was submitted by
Commonwealth Electric and totalled 439,000. City Attorney explained
that Council had two options--either reject Power Two's bid and award to
Commonwealth Electric or award to Power Two. If Council decided to
award to Power Two, and Power Two failed to sign the contract within ten
days, the City could then award the contract to Commonwealth Electric
and forfeit Power Two's bid bond. At that time, Council could elect to
bring suit against Power Two for the difference in the two bids.
Following discussion, it was moved by Meehan, seconded by Swartz and
unanimously carried by all those present to approve Resolution No.
82-30, awarding the contract for construction of Seward Marine
Industrial Park transmission line to Power City Construction, Inc., and
Power Constructors, Inc., as Power Two, a Joint Venture, or as submitted
on the bid documents, for the sum of $277,792.51.
4TH OF
RES:
JULY CREEK AREA/ 3.
Campbell noted by
Creek clearing and
Copies having been made available to the public,
title only proposed resolution relative to Spring
relocation, entitled:
I
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AWARDING CONTRACT FOR PHASE IV,
SEWARD MARINE INDUSTRIAL PARK,
SPRING CREEK CLEARING AND RELO-
CATION, TO STEPHAN & SONS, INC.
Following discussion, it was moved by Soriano, seconded by O'Brien and
unanimously carried by all those present to approve Resolution No.
82-31.
4TH OF JULY
RES:
CREEK AREA/ 4. Copies having been made available to the public,
Campbell noted by title only proposed resolution awarding contract for
the construction of breakwater cells number 17-22, inclusive, entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AWARDING CONTRACT FOR SEWARD
MARINE INDUSTRIAL PARK, PHASE
III, DREDGING, BULKHEADS AND
SHIPLIFT PIERS, A PORTION OF AD-
DITIVE ALTERNATE NO.1, TO CHRIS
BERG, INC.
I
City Manager noted that due to a surplus in administrative funds for the
project, monies were available to complete the breakwater cells at this
time, adding that if the City acted before May 31, the construction
would be completed at the December 1981 prices which were originally
quoted. Following discussion, it was moved by Soriano, seconded by
Swartz and unanimously carried by all those present to approve
Resolution No. 82-32, awarding the contract in the amount of $1,499,000.
SBH/RES:
5.
Campbell noted
construction of a
Copies having been made available to the public,
by title only proposed resolution relative to
fish cleaning facility in the Boat Harbor, entitled:
l II.,.) t)
.,
PAGE 382
REGULAR MEETING - MAY 24, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C.
Resolutions: (Cont'd)
SBH/RES:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEAWRD, ALASKA,
AWARDING CONTRACT FOR CONSTRUC-
TION OF SMALL BOAT HARBOR FISH
CLEANING FACILITY TO WELLS-BUILT
HOMES, INC.
Following discussion, it was moved by O'Brien, seconded by Burgess and
unanimously carried by all those present to approve Resolution No.
82-33, for a sum not to exceed $23,300.
SBH/RES:
6.
Campbell noted by
construction of the
Copies having been made
title only proposed
Coast Guard lift station,
available to the public,
resolution relative to
entitled:
A RESOLUTION OF THE CITY OF
SEWARD, ALASKA, AWARDING CONTRACT
FOR CONSTRUCTION OF UNITED STATES
COAST GUARD LIFT STATION TO NOR-
COAST MECHANICAL.
City Manager noted May 17, 1982, letter from the U. s. Coast Guard
approving construction of the lift station and stating that construction
would be totally funded by the Coast Guard. Following discussion, it
was moved by Soriano, seconded by Meehan and unanimously carried by all
those present to approve Resolution No. 82-34.
PARKS & REC/RES: 7.
Campbell noted by
construction of two
Copies having been made available to the public,
title only proposed resolution relative to
public restrooms, entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AWARDING CONTRACT FOR CONSTRUC-
TION OF TWO PUBLIC RESTROOMS TO
METCO, INC.
Following discussion, it was moved by Swartz, seconded by O'Brien and
unanimously carried by all those present to approve Resolution No.
82-35, awarding the bid to METCO, Inc. for two restrooms in an amount
not to exceed $66,221.
PARKS & REC/RES: City Manager requested permission from Council to
negotiate with METCO, Inc. for construction of a third public restroom.
Following discussion, it was moved by 0' Brien, seconded by Meehan and
unanimously carried by all those present to authorize the City Manager
to negotiate with METCO, Inc. for construction of a third restroom at
the best price possible.
BUDGET/RES: 8. Copies having been made available to the public and
distributed to Council, Campbell noted by title only proposed resolution
relative to the City's Fiscal Year 1983 budget, entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
ADOPTING THE CITY BUDGET FOR THE
FISCAL YEAR BEGINNING JULY 1, 1982.
It was moved by O'Brien, seconded by Soriano and unanimously carried by
all those present to approve Resolution No. 82-36, adopting the Fiscal
Year 1982-83 budget.
9. Deleted.
PAGE 383
REGULAR MEETING - MAY 24, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
SBH/PARKS & REC! 10. Copies having been made available to the public and
RES: distributed to Council, Campbell noted by title only proposed resolution
finding that it would not be in the public interest to follow the
bidding process for awarding the contracts for the fish cleaning
facility and the public restrooms, entitled:
I
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
RELATIVE TO THE CONTRACT FOR CON-
STRUCTION OF SMALL BOAT HARBOR
FISH CLEANING FACILITY AND CON-
TRACT FOR CONSTRUCTION OF TWO
PUBLIC RESTROOMS.
Following discussion, it was moved by Meehan, seconded by O'Brien and
unanimously carried by all those present to approve Resolution No.
82-37.
X.
UNFINISHED BUSINESS:
OTS: A. May 18, 1982, memorandum from Police Lt. Don Earl
regarding compliance with conditions set forth by the State Fire
Marshal's office relative to Andrews' Army Store was noted. City
Manager stated that this memorandum had been submitted for information
only at Council's request that they be informed of the status of the
building at the end of the 90 day period in which Andrews was to comply
with the referenced conditions.
XI. NEW BUSINESS:
ISBH'
A. May 11, 1982, letter from Claude Millsap, Department of
Transportation, regarding preferential treatment of Seward residents in
the renting of float space in the Small Boat Harbor was noted. City
Manager informed Council that the City Code required that applications
of Seward residents be given preference. Campbell, with Council
consent, instructed the City Attorney to respond to the letter by
informing Millsap that the float spaces are open to the general public,
noting that most of the slips are rented to nonresidents of the City.
PARKS & REC: B. City Manager stated that the administration had selected
a spot adjacent to the City tennis court for a concrete monument to
house the plaque commemorating Fort Raymond which had been presented to
the City by the U. S. Army. He added that eventually the monument
would contain a flag pole, two sign posts--one showing Resurrection Bay
and one depicting the military installation--and a military gun, along
with the pedestal on which the plaque was to be mounted. Following
discussion, and at the request of the City Manager, it was moved by
O'Brien, seconded by Burgess and unanimously carried by all those
present to authorize the City Manager to negotiate a contract with
METCO, Inc. for construction of a concrete pad for the sum of $6,950.
WATER DEPT:
C. City Manager requested approval of an increase to the
Ottwater contract for engineering services relative to the Marathon
Water/Hydro project in the amount of $15,000, adding that this phase of
the engineering had been included in the original grant. He noted that
the City had waited until funding for this phase of the engineering was
assured before awarding this contract extension. Burgess questioned why
proposals had not been sought from other firms. City Engineer explained
that Ottwater had been involved in this project from the beginning,
adding that the administration felt it was not wise to change firms in
the middle of the project. Following further discussion, it was moved
by Meehan, seconded by O'Brien and carried as follows to increase the
Ottwater contract by a sum not to exceed $15,000:
I
'., -,.
. ,"'lo...t
PAGE 384
REGULAR MEETING - MAY 24, 1982
VOLUME 19
XI. NEW BUSINESS: (Cont'd)
NOES:
ABSENT:
ABSTAIN:
Burgess, Meehan, O'Brien, Soriano and
Swartz
None
Cripps
Campbell
WATER DEPT: (cont'd)
AYES:
Note: Campbell abstained due to the fact that he is administrator of
Seward General Hospital, and the Marathon Water/Hydro project is being
constructed for the purpose of providing electrical power for the
hospital.
ELECTRIC DEPT: D. City Manager requested Council approval for the purchase
of a new bucket truck for the Electric Department. City Engineer stated
that he had looked at two possible trucks and recommended the purchase
of a 1978 demonstration model bucket truck from Coast Crane, a Seattle
dealer. Following discussion, it was moved by O'Brien, seconded by
Soriano and unanimously carried by all those present to authorize the
City Manager to prepare a resolution for the transfer of funds from the
General Fund to purchase a bucket truck for a sum not to exceed $48,000.
AIRPORT:
E. May 18, 1982, letter from the Civil Aeronautics Board
relating to essential air service to Seward was noted. City Manager
read to Council the administration f s response to the CAB stating that
unless scheduled service to Seward included at least two round trip
flights per day between May 15 and September 30, the value of scheduled
air service to Seward would be greatly diminished.
XII. CITY MANAGER REPORTS:
C HALL:
A. City Manager asked for direction from Council relative to
the use of Council Chambers by local groups. He stated that, when not
being used by City Councilor the Advisory Planning and Zoning
Commission, Chambers had been made available to any local group or
organization, with the exception of religious groups, who requested
same. Campbell, with Council consent, instructed the City Manager to
continue with the present policy as outlined.
RECESS:
p.m.
The meeting was recessed at 10:30 p.m.; reconvened at 10:35
SEWAGE TRMT: B. Assistant City Manager noted the following change orders
to the contract with Brown and Associates relative to the Sewage
Treatment Plant project:
l. Change order number 8, increasing the contract in
the amount of $307,512.67; and
2. Change order number 9, decreasing the contract in
the amount of $137,277.73.
He noted that the approval of these two change orders would bring the
estimated project costto $6,629,845.60, adding that this was under the
estimated project cost approved by the Environmental Protection Agency
(EPA) in the amount of $6,777,522. Following discussion, it was moved
by Soriano, seconded by Meehan and unanimously carried by all those
present to approve Brown and Associates change order number 8,
increasing the contract by $307,512.67, and change order number 9,
decreasing the contract by $137,277.73.
WATER DEPT: C. City Manager noted change order number 1 to the Elling
Halvorson contract relative to the Marathon Water/Hydro project. He
added that the amount of the original change order would have to be
changed from $5,000 to $8,000 due to changed conditions which had been
encountered at the project site. Following discussion, it was moved by
O'Brien, seconded by Swartz and unanimously carried by all those present
to approve change order number 1 to the Elling Halvorson contract in an
amount not to exceed $8,000.
PAGE 385
REGULAR MEETING - MAY 24, 1982
VOLUME 19
XII. CITY MANAGER REPORTS: (Cont'd)
D. City Manager noted that this had been discussed earlier
under Agenda item IX (C)(1).
C MANAGER: E. City Manager noted his resignation dated May 24, 1982,
and effective August 24, 1982. It was moved by O'Brien, seconded by
Swartz and unanimously carried by all those present to accept the
resignation of City Manager Johnny Johnson effective August 24, 1982.
I LOCAL
OTS:
I
C COUNCIL:
I
XIII.
COUNCIL DISCUSSION:
A. May 12, 1982, letter from the Alaska Seafood Marketing
Institute relative to the selection of a representative to participate
in the 1982 World's Fair in Knoxville, Tennessee, was noted. Campbell,
with Council consent, instructed the City Clerk to transmit the letter
to the Chamber of Commerce for consideration.
B. May 17, 1982, letter from Robert Heasley, North Pacific
Rim Housing Authority(NPRHA), regarding proposed development of an
apartment complex on Lots 28-40, Block 12, Original Townsite of Seward,
was noted. John Gillespie, representing NPRHA, appeared from the
audience and requested that the City either give or sell at fair market
value (without going to public bid) the City-owned Lot 28, Block 12,
OTS. He indicated that NPRHA had an option on Lots 29-40, and while Lot
28 was not needed to meet any particular requirements before
construction would be allowed, NPRHA wanted to have as much open space
as possible around the apartment site so that play areas, trails and
picnic areas could be provided. Gillespie went on to state that NPRHA
was requesting the City's permission to vacate the paper platted First
Avenue bordering the referenced lots, adding that the Housing Authority
was interested in acquiring the City's share of the vacated property.
Following further discussion, it was moved by Soriano, seconded by
O'Brien and failed to carry as follows to instruct the administration to
get an appraisal on Lot 28, Block 12, Original Townsite of Seward and to
put it out to bid:
O'Brien, Soriano and Campbell
Burgess and Meehan
Cripps
Swartz
Note: Swartz, an employee of the North Pacific Rim, abstained due to
a conflict of interest.
It was moved by Meehan, seconded by Burgess and carried
as follows to authorize the City Manager to have the property in
question appraised:
Burgess, Meehan, O'Brien, Soriano and
Campbell
None
Cripps
Swartz
C. Campbell read publicly his resignation from the City
Council, effective immediately, and informed the Clerk that he would
submit a typed and signed resignation on May 25. It was moved by
O'Brien, seconded by Meehan and carried as follows to accept the
resignation of Mr. Campbell:
Burgess, Meehan, O'Brien, Soriano and
Swartz
None
Cripps
Campbell
Campbell then left his place on the
audience. City Attorney suggested
chairperson for this meeting only.
podium and took a place in the
that Council appoint an acting
Following discussion, it was moved
ORGS:
AYES:
NOES:
ABSENT:
ABSTAIN:
AYES:
NOES:
ABSENT:
ABSTAIN:
AYES:
NOES:
ABSENT:
ABSTAIN:
, ' "
.' ,
PAGE 386
REGULAR MEETING - MAY 24, 1982
VOLUME 19
XIII.
COUNCIL DISCUSSION: (Cont'd)
C COUNCIL: Swartz, seconded by Burgess and unanimously
(cont'd) to appoint Charles Soriano to serve as
balance of the meeting.
carried by all those present
temporary chairman for the
C COUNCIL: D. 0' Brien stated that it was urgent that a new
Counci1member be appointed immediately to fill the vacancy left by
Campbell's resignation, adding that Council also had to consider filling
the City Manager's position, and a full 7-member Council was needed for
that. Burgess objected to taking any action without the presence of the
Mayor stating that he thought it was completely wrong and not in the
best interest of the City. Soriano stated that the Council had been
experiencing an attendance problem for some time and that the Mayor had
missed several meetings recently making it difficult to have a full
Council present to consider any measure; Meehan and O'Brien concurred.
Following further discussion, it was moved by Meehan, seconded by
O'Brien, and carried as follows to appoint Pam 01dow to the vacant seat:
,-
AYES:
NOES:
ABSENT:
Meehan, O'Brien, Soriano and Swartz
Burgess
Cripps
XIV. CITIZENS' DISCUSSION:
A. Beverly Dunham appeared from the audience and stated that
she felt that Council had made a serious mistake in filling the vacancy
as they did, adding that the public perception would be that everything
from the resignation of the City Manager through the appointment of
Oldow was staged. Swartz took exception to this statement, noting that
Council had no control over the resignation of either the City Manager
or one of its members.
XV.
ADJOUR
<>-rl,
',)''i! .... -r :
~ 1'- J~
e1'l\ee t :t:ng ,~fl~
'" '
~-.;" '
::i
~
journed at 11:45 p.m.
'::2,
------------------------------------------------------------------------
PAGE 386
REGULAR MEETING - JUNE 14, 1982
VOLUME 19
I.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to
order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Meehan, O'Brien, Soriano and Swartz
Present also: City Manager Johnson, Assistant City Manager
Schaefermeyer, City Attorney Arvidson and City
Clerk Murphy
PAGE 387
REGULAR MEETING - JUNE 14, 1982
VOLUME 19
POINT OF ORDER:
Cripps stated that, according to Robert's Rules of Order,
Pamela F. Oldow had been legally appointed to the Council at the May 24,
1982, meeting, and that she should now be sitting on the dais with the
rest of the CounciL City Attorney advised Council that the passage
referred to in Robert's Rules applied only to elected offices, not
appointments. He went on to state that until Oldow formally accepted
the appointment, this was a moot point.
I
IV.
APPROVAL OF MINUTES:
Burgess stated that an error appeared on Page 378, Item B,
Public Hearings. He requested that the following be deleted from the
minutes:
"Ray Gillespie, 207 Resurrection Blvd., U#UU-dlittl/i'lt~
3~witd/~'lti~~~t/~t/~~~~ti~i......
Following discussion, it was moved by Burgess, seconded by Meehan and
unanimously carried to deleted that portion of the minutes referring to
Gillespie as a representative of the Seward Chamber of Commerce. It was
moved by Soriano, seconded by O'Brien and unanimously carried to approve
the May 24, 1982, regular meeting minutes as amended.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the City Manager, it was moved by O'Brien,
seconded by Swartz and unanimously carried to meet in executive session
immediately following the close of regular business to discuss possible
litigation relative to the Seward Marine Industrial Center utilities.
I
City Manager requested the following additions to the regular
meeting agenda:
IX. ORDINANCES AND RESOLUTIONS:
C. Resolutions:
8. Proposed Resolution No. 82-45, approving a
$4,000,000 grant from the State of Alaska
9. Proposed Resolution No. 82-46, designating the
hours for a special exception holiday
10. Proposed Resolution NO. 82-47, relating to the
State Ferry contract
XI.
NEW
C.
D.
E.
BUSINESS:
City Insurance Contract
Change Order Number 3 for the Marathon Hydro project
June 14, 1982, letter from Esther Werner regarding
hours of operation of liquor establishments within
the City on July 4, 1982.
Following discussion, it was moved by Soriano, seconded by Meehan and
unanimously carried to approve the regular meeting agenda as amended and
the consent calendar as presented, and the following actions were taken:
1.
May 24,
Council
accepted
1982, resignation
as submitted by
and filed.
from the Seward
C. Keith Campbell
City
was
I
2.
June 8, 1982, letter to Alaska Power Authority
relating to the Grant Lake Hydro-Electric proj ect
was noted for information and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula
Schaefermeyer gave a verbal
1982.
Borough Assembly Representative Darryl
report of the Assembly meeting of June 1,
PAGE 388
REGULAR MEETING - JUNE 14, 1982
VOLUME 19
VII. PUBLIC HEARINGS:
OTS:
A. City Manager noted that a request had been received from
the North Pacific Rim Housing Authority (NPRHA) concerning the
acquisition of Lot 28, Block 12, Original Townsite of Seward for the
purpose of constructing a 26-unit apartment complex, adding that Council
had, at its May 24, 1982, meeting, instructed the administration to have
the subject property appraised and to schedule a public hearing on the
disposition of same. John Gillespie, representing NPRHA, stated that
his clients planned to bid this project this Fall with occupancy
projected for Spring 1983. He added that without this lot, the project
could not proceed. Notice of Public Hearing as published once in the
local newspaper and posted was noted, and the public hearing was opened;
no one appeared from the audience to be heard, and the public hearing
was closed. Following discussion, it was moved by Meehan, seconded by
Burgess and carried as follows to authorize the administration to
sole-source Lot 28, Block 12, Original Townsite of Seward to North
Pacific Rim:
-I
1
AYES:
NOES:
ABSENT:
ABSTAIN:
Burgess, Cripps, Meehan, O'Brien and Soriano
None
None
Swartz
Swartz abstained due to the fact that she is employed by North Pacific
Rim.
OTS: B. City Manager noted that North Pacific Rim Housing
Authority (NPRHA) had requested the vacation of that portion of First
Avenue bordered by Lots 28-40, Block 12, Original Townsite of Seward and
the acquisition of the City's portion of said vacated property. He
added that Council had, at its regular meeting of May 24, 1982,
instructed the administration to have the property appraised and to
schedule a public hearing on the vacation and disposition of same. John
Gillespie, representing NPRHA, stated that although the vacated property
was not necessary to comply with City and State building regulations,
this additional property was necessary to meet HUD requirements.
NPRHA's plans for this area include open areas, trails, picnic areas and
a sliding area for children. Notice of Public Hearing as published once
in the local newspaper and posted was noted and the public hearing was
opened. Willard Dunham, Forest Acres, appeared from the audience and
spoke in opposition to cutting off access to the hillside properties
west of the vacated street. Sandy Wasillie, Lowell Canyon Road,
questioned the need for vacating the street. Nick Ambrose, architect
for NPRHA, stated that according to HUD regulations, they would need 20
feet in front of the building and 40 feet behind it. No one else
appeared from the audience in order to be heard, and the public hearing
was closed. Following discussion, it was moved by Meehan, seconded by
Soriano and carried as follows to vacate the street, reserving public
access and easements for such amount as not necessary for HUD
requirements, including a reverter clause stating that if the proj ect
does not go through, it will revert back to the City:
AYES:
NOES:
ABSENT:
ABSTAIN:
Burgess, Cripps, Meehan, O'Brien and Soriano
None
None
Swartz
Swartz abstained due to the fact that she is employed by North Pacific
Rim.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
JESSE LEE HOME: A. Shirley Reynolds appeared from the audience and requested
City approval of an application to place the Jesse Lee Home on the
National Historic Register. Following discussion, it was moved by
O'Brien, seconded by Swartz and unanimously carried to authorize the
administration to pursue getting the Jesse Lee building placed on the
National Historic Register.
PAGE 389
REGULAR MEETING - JUNE 14, 1928
VOLUME 19
VIII.
CITIZENS' DISCUSSION: (With prior notice only) (Cont'd)
C COUNCIL:
B. June 14, 1982, letter from Pamela F. Oldow concerning her
appointment to fill the Council vacancy created by the resignation of C.
Keith Campbell was read into the record by Cripps. 01dow stated that
she would be honored to serve in this capacity but felt that the full
Council should reconsider the appointment to avoid any controversy
relative to the procedures which were followed at the May 24, meeting.
Ron Lewis, 417 Sixth Street; Willard Dunham, Forest Acres; and Sandy
Wasillie, Lowell Canyon Road appeared from the audience and spoke in
opposition to the action taken by Council at their last meeting, stating
that the public was not allowed to address the issue and that Council
failed to follow the precedent of selecting the next highest vote-getter
from the last election to fill the vacancy. Soriano countered by
stating that of the last 16 appointments made by Council, only 6 had run
in the election preceding their appointments. In response to a question
from Jan Trettner, City Attorney stated that there is no policy
governing the appointment process in either the Charter or the Code.
City Attorney, responding to a question from Burgess, stated that the
legal issue was not whether the matter was actually urgent, but whether
a majority of the Councilmembers present considered the matter urgent in
nature, adding that 3 of the 5 members present stated in open session
that the urgency did exist. Meehan expressed his apologies to Oldow for
involving her in this controversy.
I
SPECIAL ITEM:
C COUNCIL A. Following discussion, it was moved by Burgess and
seconded by Cripps to follow established procedure and appoint Mary
Lewis to fill the vacancy. Following further discussion concerning
whether there was an established precedent for selecting the next
highest vote-getter to fill a vacancy on Council, it was moved by
Meehan, seconded by O'Brien and carried as follows to table Burgess'
motion:
I
AYES:
NOES:
ABSENT:
Meehan, O'Brien, Soriano and Swartz
Burgess and Cripps
None
It was moved by Meehan, seconded by Soriano and failed as follows to
appoint Pam Oldow to fill the vacant chair of Keith Campbell:
AYES:
NOES:
ABSENT:
Meehan, O'Brien and Soriano
Burgess, Cripps and Swartz
None
It was then moved by Burgess, seconded by Swartz and carried as follows
to appoint John Gillespie to fill Keith Campbell's seat:
AYES:
NOES:
ABSENT:
Burgess, Cripps, Meehan, O'Brien and Swartz
Soriano
None
Gillespie, who was seated in the audience, accepted the appointment to
Council, his term to expire in October, 1982.
RECESS:
The meeting was recessed at 9:10 p.m.; reconvened at 9:25 p.m.
I
Gillespie came forth, was sworn by the Clerk and took his seat on the
dais to participate in the remainder of the meeting.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
C COUNCIL/ORD:
Cripps read
the Seward
entitled:
1. Copies having been made available to the public,
by title only proposed ordinance amending that section of
City Code relating to addressing the Council by the public
;-; \ 1 ()
PAGE 390
REGULAR MEETING - JUNE 14, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C COUNCIL/ORD:
(cont'd)
A.
Ordinances for Introduction: (Cont'd)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AMENDING SECTION 2.20.130 OF THE
SEWARD CITY CODE, RELATING TO
ADDRESSING THE COUNCIL BY THE
PUBLIC.
City Attorney explained that the purpose of this ordinance was to clean
up this section of the Code, bringing it into compliance with procedures
currently being followed by the Council; i. e., limiting public input
during public hearings to citizens or taxpayers of the City and opening
up the first Citizens' Discussion to anyone having business with the
Council. In response to a question from Cripps, City Attorney explained
that "taxpayer" refers to one paying real property taxes. Following
discussion, it was moved by O'Brien, seconded by Soriano and unanimously
carried to introduce proposed Ordinance No. 509. The public hearing was
scheduled for the June 28, 1982, regular meeting.
B. Ordinances for Public Hearing and Enactment:
None
C.
Resolutions:
C CLERK/RES:
Cripps read
destruction of
1. Copies having been made available to the public,
by title only proposed resolution authorizing the
certain municipal records, entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AUTHORIZING THE DESTRUCTION OF
CERTAIN MUNICIPAL RECORDS BY THE
CITY CLERK.
Following discussion, it was moved by Meehan, seconded by O'Brien and
unanimously carried to adopt Resolution No. 82-38.
SEWAGE TRMT/RES: 2. Copies having been made available to the public,
Cripps read by title only proposed resolution regarding successful
completion of the Seward Sewer Interceptor and Waste Water Treatment
Facility, entitled:
A RESOLUTION OF THE CITY COUNCIL
OF SEWARD, ALASKA, REGARDING
SUCCESSFUL COMPLETION OF THE
SEWARD SEWER INTERCEPTOR AND
WASTE WATER TREATMENT FACILITIES
PROJECT.
Following discussion, it was moved by Soriano, seconded by Burgess and
unanimously carried to adopt Resolution No. 82-39.
PARKS & REC/RES: 3. Copies having been made available to the public,
Cripps read by title only proposed resolution awarding a contract to
METCO, Inc. for the construction of a third public restroom, entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AWARDING CONTRACT FOR CONSTRUC-
TION OF ONE ADDITIONAL PUBLIC
RESTROOM TO METCO, INC.
City Manager noted that this was a follow-up measure to the action taken
by Council at the May 24, 1982, regular meeting and recommended Council
approval of the resolution. It was moved by Burgess, seconded by Meehan
and unanimously carried to approve Resolution No. 82-40.
PAGE 391
REGULAR MEETING - JUNE 14, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
PARKS & REC/RES:
Cripps read
Inc. for a
entitled:
4. Copies having been made available to the public,
by title only a resolution awarding a contract to METCO,
concrete slab to house the Ft. Raymond war memorial,
I
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
FOR THE CONSTRUCTION OF CEMENT
PAD FOR FT. RAYMOND MEMORIAL.
City Manager noted that this was another follow-up to action taken at
the May 24, regular meeting and recommended Council approval of the
resolution. It was moved by Meehan, seconded by Burgess and unanimously
carried to approve Resolution No. 82-41.
ELECTRIC DEPT/RES:
Cripps read
of a bucket
5. Copies having been made available to
by title only a proposed resolution authorizing
truck, entitled:
the public,
the purchase
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AUTHORIZING THE CITY MANAGER OF
THE CITY OF SEWARD TO PURCHASE A
HYDRAULIC BUCKET TRUCK FOR USE
BY THE ELECTRICAL UTILITY.
City Manager noted that the truck originally agreed upon by the Council
was no longer available and requested that the following changes be made
to the resolution:
I
1.
The name of the vendor
should read "Cascade
Service in Great Falls,
in the ninth paragraph
Hydraulic & Utility
Montana.
2. The price of the vehicle should read $40,000.
He added that Electrical Foreman Darbyshire had inspected the truck and
found it satisfactory. Following discussion, it was moved by Swartz,
seconded by Burgess and unanimously carried to approve Resolution No.
82-42, as amended by the City Manager.
BUDGET/RES: 6. Copies having been made available to the public,
Cripps read by title only a proposed resolution relating to the
identification and allocation of monies for capital projects, entitled:
A RESOLUTION AMENDING CITY OF
SEWARD RESOLUTION NO. 82-10,
IDENTIFYING THE CAPITAL PRO-
JECTS AND THE AMOUNT ALLOCATED
TO EACH PROJECT IN ACCORDANCE
WITH HCS CSSB 168 (FINANCE)
1981 SESSION.
I FOURTH
AREA/
RES:
Following discussion, it was moved by Soriano, seconded by Swartz and
unanimously carried to approve Resolution No. 82-43.
OF JULY CREEK 7. Copies having been made available to the public,
Cripps read by title only a proposed resolution awarding a contract for
the construction of the Seward Marine Industrial Park utilities
transmission line to the second lowest bidder, entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AWARDING CONTRACT FOR CONSTRUC-
TION OF SEWARD MARINE INDUSTRIAL
PARK UTILITIES, 4TH OF JULY CREEK
TRANSMISSION LINE, TO COMMONWEALTH
ELECTRIC.
.. ~.).
" '
"
PAGE 392
REGULAR MEETING - JUNE 14, 1982
VOLUME 19
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
FOURTH OF
JULY CREEK
AREA/RES:
(cont'd)
City Attorney explained that when the bids for this project were opened
on May 13, 1982, Power Two, a Joint Venture, was the apparent low bidder
with a bid of $277.792.51. Since that time, Power Two had requested
permission to withdraw its bid due to a technical or clerical error
found in the bid documents it had submitted to the City. The Council
elected to award the contract to Power Two, giving the company ten days
in which to accept the contract. The resolution before Council had been
prepared due to the possibility that Power Two may have chosen not to
accept the award of the contract. City Attorney went on to explain that
Power Two had now signed the Notice of Award and had agreed to undertake
the project for the $277,792.51 originally bid. Cripps, with Council
consent, tabled the proposed resolution. In response to a question from
O'Brien. the City Engineer stated that the City was considering
contracting with a firm to do the inspection of this project so that a
very close eye could be kept on its progress.
FOURTH OF JULY CREEK 8. Copies having been made available to the public,
AREA/RES: Cripps noted by title only a proposed resolution accepting a $4,000,000
grant from the State of Alaska, entitled:
A RESOLUTION APPROVING THE RE-
CEIPT OF A MUNICIPAL ASSISTANCE
GRANT FROM THE STATE OF ALASKA
FOR THE FOURTH OF JULY CREEK
MARINE INDUSTRIAL PARK.
Following discussion, it was moved by O'Brien, seconded by Burgess and
unanimously carried to approve Resolution No. 82-44, approving receipt
of a municipal assistance grant.
LOCAL ORGS/TRANSIENT
MERCHANTS/ Cripps noted by
RES: special holiday
9. Copies having been made available to the public,
title only a proposed resolution fixing the hours for a
exemption to the transient merchant ordinance, entitled:
A RESOLUTION IN COMPLIANCE WITH
SECTION 16-10 OF THE SEWARD CITY
CODE DESIGNATING THE HOURS FOR A
SPECIAL EXCEPTION HOLIDAY AND RE-
PEALING RESOLUTION NO. 80-33.
Following discussion, it was moved by Swartz, seconded by Burgess and
unanimously carried to approve Resolution No. 82-45.
WATERFRONT
RES:
TRACTS/
Cripps noted
dock license
10. Copies having been made available to the public,
by title only a proposed resolution approving the lease and
agreement with the State Ferry System, entitled:
A RESOLUTION PROVIDING FOR THE
DISPOSAL BY LEASE OF THE "OLD
DEPOT" BUILDING AND PREFEREN-
TIAL USE OF THE 4TH AVENUE
DOCK BY THE STATE FERRY SYSTEM.
City Manager noted that the old lease agreement was due to expire on
June 30, 1982, and added that the only change this year was a ten
percent (10%) increase in the charges to the State. Following
discussion, it was moved by Soriano, seconded by Meehan and unanimously
carried to approve Resolution No. 82-46.
X.
UNFINISHED BUSINESS:
A. City Manager noted that this agenda item had been
discussed under agenda item number 7, Resolutions.
PAGE 393
REGULAR MEETING - JUNE 14, 1982
VOLUME 19
XI.
NEW BUSINESS:
I
OCEANVIEW SUB: A. Request for Proposals for the development of Tract A,
Block 8, Oceanview Subdivision as published twice and posted was noted.
City Manager opened the one proposal received by the Clerk's office--a
proposal from Ray Evarts, dba Kachemak Food Cache, for a thirty (30)
year lease of the subject property for the purpose of constructing and
operating a supermarket. Accompanying the proposal was a cashier's
check in the amount of $1,560, representing 10% of the first year's
lease payment. Connie Bencardino appeared from the audience and stated
that she was representing a client who would like a chance to submit a
proposal to Council for the construction of a boat storage and mini
warehouse facility on the property. City Manager noted that the
deadline for receipt of proposals was Friday, June 11, at 12:00 Noon.
City Attorney noted that the only way Council could accept a proposal
from Bencardino's client would be to reject the proposal submitted by
Evarts and re-advertise. Following discussion, it was moved by Soriano,
seconded by Swartz and carried as follows to authorize the
administration to enter into negotiations with Mr. Ray Evarts for the
development of Tract 8, Block 8, Oceanview Subdivision:
AYES:
Burgess, Cripps, Meehan, O'Brien, Soriano and
Swartz
Gillespie
None
NOES:
ABSENT:
Gillespie noted that a concept plan should be prepared outlining the
future needs in the Harbor area, adding that he could not vote in favor
of any development in that area until such a plan was developed.
I
MARINA SUB: B. Request for proposals for the development of Lot 7, Block
1, Marina Subdivision as published twice and posted was noted. City
Manager opened the only proposal received by the Clerk's office--a
proposal from Ray Evarts, dba Kernel McRays, and an accompanying
cashier's check in the amount of $6,216 (representing the first year's
lease payment) for a thirty (30) year lease of the subject property for
the purpose of constructing and operating a fast-food establishment.
City Manager noted that the City Code would not allow Evarts to place a
mobile unit on the property. Evarts, appearing from the audience,
responded that there was no problem with that provision, but he would
like to request that the first year's lease be reduced to 10% of the
amount requested pending financing of a permanent structure on the
property. Following discussion, it was moved by Soriano, seconded by
Meehan and carried as follows to authorize the administration to enter
into negotiations with Ray Evarts for development of Lot 7, Block 1,
Marina Subdivision:
AYES:
NOES:
Burgess, Cripps, Meehan, O'Brien and Soriano
Gillespie and Swartz
Gillespie once again noted that his "no" vote was based on the lack of a
concept plan for the Harbor area.
OCEANVIES SUB: At the request of the City Manager, it was moved by O'Brien,
seconded by Soriano and carried as follows to instruct the
administration to pro cede with rezoning of Tract A, Block 8, Oceanview
Subdivision:
I
AYES:
Burgess, Cripps, Meehan, O'Brien, Soriano and
Swartz
Gillespie
None
NOES:
ABSENT;
INSURANCE: C. City Manager noted that an insurance package was
available to the City through the Alaska Municipal League (AML) which
would not only save the City approximately $27,986 next year, but would
provide more coverage as well. He added that the City's present
insurance carrier had been given an opportunity to rebid its insurance
package, but had still been nearly $28,000 over that offered by AML.
Following discussion, it was moved by Burgess, seconded by Meehan and
unanimously carried to accept the insurance plan as presented by the
City Manager.
')('.1
PAGE 394
REGULAR MEETING - JUNE 14, 1982
VOLUME 19
XI. NEW BUSINESS: (Cont'd)
WATER DEPT:
D. City Manager noted change order number 3 from Elling
Halvorson for the Marathon Hydro project in the amount of $6,800 to
cover insulation of underground pipe, adding that all costs would be
funded by the Alaska Energy Center. Following discussion, it was moved
by Soriano, seconded by Swartz and unanimously carried to authorize the
payment of change order number 3 in the amount of $6,800 on the Marathon
Hydro project.
ABCB:
E. June 14, 1982, letter from Esther Werner, Yukon Liquor
Store, requesting that City liquor establishments be allowed to open at
8:00 a.m. on Sunday, July 4, was noted. City Attorney stated that the
City Code did not provide for any deviation from the hours outlined
therein, and the request could not be granted.
I-
I
I
XII. CITY MANAGER REPORTS:
A. June 7, 1982, memorandum from Harbormaster Singleton
regarding the Harbormaster's Building summer schedule was noted. City
Manager stated that a number of complaints had been received about the
Harbor being closed at night, adding that the purpose of this memo was
to set forth the reasons for the closures.
B. June 24, 1977, letter from the
regarding the proper display of the U. S. Flag was
explained that this was in response to numerous
display of the flag in the Small Boat Harbor.
U. S. Coast Guard
noted. City Manager
inquiries about the
FOURTH OF JULY C. June 7, 1982, memorandum from City Engineer Small
CREEK regarding the final bill as submitted by Century Quadra (C/Q) for
AREA: construction services relating to the relocation of Fourth of July Creek
was noted. City Engineer stated that while the charges totalling
$33,402.17 were proper and just, he was disturbed by the fact that the
City was not billed until three months after the services were
performed. He further noted that this charge included a $13,064.39 cost
overrun caused by the extension of Chris Berg's contract. After a
thorough review of the invoices as submitted by C/Q, City Engineer
recommended that this final bill be approved for payment. Following
discussion, it was moved by Swartz, seconded 'by Gillespie and
unanimously carried by approve the payment of the final bill from C/Q.
D. June 3, 1982, memorandum from City Engineer Small
regarding proposed trip to meet with SYNCRO LIFT officials was noted.
City Manager added that he and Small would also be meeting with
representatives of Kellogg regarding the road to Lowell Point, as well
as Chris Sauer of Torkelson-Kellogg and Paul Flask of Wheelabrator-Frye.
E. City Manager noted that Joe Redington would be in Seward
on July 4, with a sign officially designating Seward as the start of the
Iditarod National Historic Trail. Meehan added that the sign had been
donated by the Trail Blazers Club. Cripps, with Council consent,
granted permission to place the sign in the downtown park area.
F. City Manager noted that the City would be receiving
$474,576 in per capita grant monies from the State and that a resolution
would be needed accepting the grant, identifying how the monies are to
be spent, and allocating the amounts to be spent on each project. City
Engineer suggested that Council consider using the money for Lowell
Creek Tunnel engineering.
LOBBYIST: G. City Manager noted that Kent Dawson I s lobbying contract
with the City had expired, adding that Council should be looking towards
next year's lobbying efforts. Following discussion, it was moved by
O'Brien, seconded by Swartz and unanimously carried to solicit a
proposal from Dawson.
PAGE 395
REGULAR MEETING - JUNE 14, 1982
VOLUME 19
XIII.
COUNCIL DISCUSSION:
I
A. O'Brien stated that the City should consider printing and
distributing a newsletter outlining for the public what is going on
within the City. Swartz stated that she was concerned with placing an
added burden on City employees, adding that any interested citizen could
always come to the City Council meetings. Meehan and Soriano spoke in
favor of the newsletter. Gillespie added his support, but stated that
the newsletter would probably have more impact if distributed quarterly.
City Manager agreed to have an outline of the cost of preparing and
distributing a City newsletter for Council review at the June 28,
regular meeting.
B. Burgess suggested that the Council follow the same
procedures Valdez used in soliciting City Manager applications. City
Manager stated that Council needed a work session to clear the air and
to decide what they want in a Manager and what they want in the ad.
Cripps, with Council consent, scheduled a closed work session for 7:00
p.m., Monday, June 21.
Burgess requested that the City Attorney draft an
ordinance for introduction at the June 28, meeting repealing Ordinance
No. 505, relating to the appointment of elective officers to the city
manager position.
XIV. CITIZENS' DISCUSSION:
XV. ADJOURNMENT:
I
The meeting was adjourned at 11:15 p.m., and following a short
recess, reconvened to an executive session to discuss possible
litigation ,~~~r~e Fourth of July Marine Industrial Center
utilities. ,/,,~ Of ~ FI~,. ~
',.-' -'<\ ,-'.>,+:\.'i-"i:'.'-' .: .,) ~
,. .... . _;.:..(.,_ ~~\ , i....;~
'l~'~l,.>. "j '.- \;'~,
'.... - . \;
~
" h
( , /~, / / l .
.[' J''L-,,-!/~L' . C <<,7.7-,
Donald W. Cripps '
Mayor
City
-----------------------------------------------------------------------
PAGE 395
SPECIAL MEETING - JUNE 21, 1982
VOLUME 19
I.
CALL TO ORDER:
The June 21, 1982, special meeting of the Seward City Council
was called to order at 7:00 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember 0' Brien led the pledge of allegiance to the
flag.
I
III.
ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan, O'Brien, Soriano and Swartz
Present also: Acting City Manager Schaefermeyer and City
Clerk Murphy
, ~, I,
, \,
PAGE 396
SPECIAL MEETING - JUNE 21, 1982
VOLUME 19
IV. SPECIAL ITEM:
4TH OF JULY
CREEK AREA:
A. June 17, 1982, memorandum from Proj ect Engineer Forbes
relative to the Spring Creek clearing and relocation project and change
order number 1 to the Stephan and Sons contract in the amount of
$59,400, were noted. Acting City Manager explained that the
administration was recommending approval of the change order which would
allow the contractor ,to strip and remove the orga.n;tc materials from the
6.4 acre parcel which they were now clearing. This area would then be
filled by Chris Berg with dredge materials directly from the dredge
site, resulting in a savings to the City of $75-100 Thousand over going
back at a later date and moving the dredge materials by truck.
V.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
4TH OF JULY CREEK
AREA/RES: Cripps
number
1. Copies having been made available to the public,
noted by title only proposed resolution approving change order
1 to the Stephan and Sons contract, entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
APPROVING AN AWARD OF CHANGE
ORDER NO. 1 TO THE SPRING CREEK
CLEARING AND RELOCATION PROJECT,
NO. 242000.
Following discussion, it was moved by Soriano, seconded by Swartz and
unanimously carried to approve Resolution No. 82-47.
VI. CITIZENS' DISCUSSION:
None
VII. ADJOURNMENT:
The meeting was adjourned at 7:10 p.m., and after a short
recess, the Council reconvened in closed work session to discuss the
selection of a new city manager.
( I
/ i K
/ .,) l . '
{('>L{ll, (/1 /4'/.
Donald W. Cripps
Mayor
PAGE 1
REGULAR MEETING - JUNE 28, 1982
VOLUME 20
1.
CALL TO ORDER:
The June 28, 1982, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
11. OPENING CEREMONY:
Councilmember 0 I Brien led the pledge of allegiance to the
flag.
I
Ill.
ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan, O'Brien, Soriano and Swartz
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Johnson, Assistant City Manager
City Attorney Arvidson and City
IV. APPROVAL OF MINUTES:
1 t was moved by Burgess, seconded by Swartz and unanimously
carried to approve the June 14, 1982, regular meeting minutes and the
June 21, 1982, special meeting minutes 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 Meehan and unanimously carried to hold an executive session
immediately following the regular meeting to discuss a legal matter.
The City Manager requested that the following additions be
made to the regular meeting agenda:
I
IX.
ORDINANCES AND RESOLUTIONS:
C. Resolutions:
1. Proposed Resolution No.
reappropriating funds to the
Services Exchange Project account
2. Proposed Resolution NO.
reappropriating funds to finance a
Japan for hostesses for the Alaska
at EXPO HOKKAIDO 1982.
82-50,
General
82-51,
trip to
exhibit
XI. NEW BUSINESS:
B. June 24, 1982, letter from Chris Sauer relative
to the Torkelson-Kellogg lease of property in
the Seward Marine Industrial Center
XII. CITY
A.
MANAGER REPORTS:
Approval of July 4, fireworks display to be
conducted by the Seward Chamber of Commerce
Purchase of a vehicle
Seward Fisheries camping area
B.
C.
Following discussion, it was moved by Soriano, seconded by Swartz and
unanimously carried to approve the regular meeting agenda as amended and
the consent calendar as presented, and the following actions were taken:
I 21O/ACCOUNTS PAYABLE
1.
June 2, 1982, Finance Department's list of accounts
payable totalling $1,304,176.54, was approved for
payment and filed.
2.
June 21, 1982, letter from City Attorney
changes in the Anti-Trust law was
information and filed.
relative to
noted for
VI. aOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Representative Darryl Schaefermeyer
gave a verbal report of the Assembly meeting of June 15, 1982.
PAGE 2
REGULAR MEETING - JUNE 28, 1982
VOLUME 20
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With Prior Notice Only)
A. Eric Marchegiani of the Alaska Power Authority (APA)
reported on the progress and proposed future development of the Grant
Lake Hydro proj ect, stating that the APA plans to apply for Federal
Energy Regulatory Commission (FERC) licensing next February or March;
he added that, if all goes well, power would be on-line in 1986. He
further explained that cost of the power was impossible to estimate at
this time due to current legislation which requires that all power
projects pay their proportionate share of debt services. In response to
a question from Burgess, Marchegiani stated that, while the APA has the
final say as to which locality will get the power, the City and
concerned citizens have an opportunity to give input to the APA Board.
He added that the State would retain ownership of the Grant Lake
facility, but the City of Seward would probably be asked to operate it.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
ADMINISTRATION! 1. Copies having been made available to the public,
ORD: Cripps noted by title only a proposed ordinance amending that section
of the City Code relating to the appointment of Councilmembers to
administrative positions, entitled:
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, RELATING TO ADMINISTRATION,
AMENDING SECTION 2.30.050 OF THE
SEWARD CITY CODE.
Burgess stated that his purpose in introducing this ordinance was to
return the City Code to its original form, requiring that one year
elapse following the expiration of a councilmember' s term of office
before s!he would be eligible for appointment to the City Manager
position. In response to a question from Burgess, City Attorney
explained that, if enacted prior to appointment of the next City
Manager, this ordinance would exclude former Councilmember C. Keith
Campbell from consideration for the position. Burgess stated for the
record that he had made a motion in January to return the City Code to
this form, but had been overruled by the Council. Following discussion,
it was moved by Burgess and seconded by Gillespie to introduce proposed
Ordinance No. 510. Following further discussion as to parliamentary
procedure, it was moved by Soriano, seconded by Gillespie and carried as
follows to table the motion indefinitely:
AYES:
Cripps, Gillespie, Meehan, O'Brien, Soriano and
Swartz
Burgess
NOES:
B. Ordinances for Public Hearing and Enactment:
ADMINISTRATION
(C COUNCIL)!
ORD:
1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance relating to addressing
the Council by the public, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTION 2.20.130 OF THE SEWARD CITY
CODE, RELATING TO ADDRESSING THE
COUNCIL BY THE PUBLIC.
Notice of Public Hearing as published twice in the local newspaper and
posted was noted and the public hearing was opened. Willard Dunham and
Jan Trettner, appearing from the audience, requested clarification of
portions of the proposed ordinance. City Attorney explained that the
purpose of the ordinance was to bring the Code into conformity with
current practices of the Council and to limit those who can address the
i-}
PAGE 3
REGULAR MEETING - JUNE 28, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
B. Ordinances for Public Hearing and Enactment: (Cont'd)
ADM. (C
COUNCIL)/
ORD:
(cont'd)
Council to persons having business with the Councilor an interest in
the City. No one else appeared from the audience in order to be heard
and the public hearing was closed. Following discussion, it was moved
by Meehan, seconded by O'Brien and unanimously carried to adopt
Ordinance No. 509.
I
RECESS:
The meeting was recessed at 8:39 p.m.; reconvened at 8:45 p.m.
C. Resolutions:
ADM. (C
RES:
CLERK)/
Cripps noted by
the City Clerk,
1. Copies
title only
entitled:
having been made available to the public,
a proposed resolution setting the salary for
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, SETTING
THE SALARY FOR THE CITY CLERK AND
RESCINDING ALL PRIOR RESOLUTIONS IN
CONFLICT HEREWITH.
City Manager noted that the pay increase of 10.3 percent was based on a
7.8 percent cost of living increase and a 2.5 percent step increase,
bringing the Clerk's monthly salary to $2950. It was moved by Swartz,
seconded by 0' Brien and unanimously carried to approve Resolution No.
82-48.
4TH OF JULY CREEK 2. Copies having been made available to the public,
AREA/RES: Cripps noted by title only a proposed resolution authorizing a contract
for inspection services relative to the utilities transmission line for
the Fourth of July Creek Industrial Center, entitled:
I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHO-
RIZING A CONTRACT WITH CH M HILL TO
PROVIDE THE INSPECTION SEftVICES FOR
THE FOURTH OF JULY CREEK TRANSMIS-
SION LINE PROJECT.
In response to an objection from Burgess that the City was once again
letting a contract without first getting proposals from other companies,
City Manager explained that the City had intended to perform the
inspection on this project in-house, but felt that because of the
extremely low bid received from Power Two and their reluctance to accept
the contract at the amount bid, it would be advisable to hire CH2M Hill
to provide inspection services. Following discussion, it was moved by
O'Brien, seconded by Soriano and unanimously carried to approve
Resolution No. 82-49.
SCHOOLS/SISTER 3. Copies having been made available to the public and
CITY/RES: distributed to Council, Cripps noted by title only a proposed resolution
reappropriating funds to finance a portion of the cost of the Seward
High School Band and Choir's trip to Japan, entitled:
I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, MAKING
AN APPROPRIATION FROM THE GENERAL
FUND SURPLUS TO THE GENERAL SERVICES
ACCOUNT, EXCHANGE PROJECT ACCOUNT.
City Manager noted that this money had been appropriated by Council with
the adoption of Resolution No. 82-14 on April 12, 1982, and that this
resolution would transfer the funds to the next fiscal year's budget.
It was moved by Soriano, seconded by Burgess and unanimously carried to
approve Resolution No. 82-50.
I'
.....
PAGE 4
REGULAR MEETING - JUNE 28, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
SISTER CITY/ 4. Copies having been made available to the public and
RES: distributed to Council, Cripps noted by title only a proposed resolution
to provide the funds to finance a trip to Japan for the hostesses for
the Alaska Exhibit at EXPO HOKKAIDO 1982, entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPRO-
PRIATING FUNDS TO FINANCE A TRIP TO
JAPAN FOR TWO HOSTESSES FOR THE
ALASKA EXHIBIT AT THE HOKKAIDO EXPO
1982.
City Manager noted that this resolution was a housekeeping measure,
transferring monies that had earlier been appropriated by Council to the
next fiscal year's budget. It was moved by Burgess, seconded by Meehan
and unanimously carried to approve Resolution No. 82-51.
X.
UNFINISHED BUSINESS:
ADM. (NEWSLETTER) A. City Manager stated that a monthly newsletter, as
suggested by Council at the June 14, 1982, regular meeting, would cost
approximately $1200-1500 per month to produce and distribute 1000
copies. Swartz and Gillespie obj ected to spending that much of the
City's money each month, with Gillespie adding that the Council should
consider a quarterly newsletter instead. Burgess objected to the idea
of a newsletter, stating that the Phoenix Log covered the meetings free
of charge and added that it would be cheaper to pay KRXA $5,000 per year
to broadcast the City Council meetings than to produce the proposed City
paper. O'Brien stated that the newsletter would contain facts not found
in the newspaper or discussed at the City Council meetings. In response
to a question from Gillespie, Willard Dunham, co-owner of the Phoenix
Log, stated that he could see no conflict or interference with private
enterprise as long as the City did not remove its legal advertising from
the Log. He went on to say that the Log would be happy to print any
press releases the City wanted to submit. Cripps stated that the
Council and the City had an obligation to keep the public informed.
Gillespie added that he would like to see a section in the first
newsletter in which the public could comment on their reactions to the
newsletter itself as well as suggestions for future issues. Following
discussion, it was moved by O'Brien, seconded by Soriano and unanimously
carried to instruct the administration to proceed with the newsletter on
a quarterly basis.
XI. NEW BUSINESS:
PUB SERV FAC A. City Manager noted a correction to the wording on the
(SGH): agenda, stating that the funds to be advanced to Seward General Hospital
(SGH) would be based on projected revenue sharing, not the one percent
(1%) sales tax. Following discussion, it was moved by Soriano, seconded
by Swartz and unanimously carried to authorize the City Manager to
advance up to $30,000 monthly to SGH based on projected revenue sharing.
4th OF
AREA:
JULY CREEK B. June 24, 1982, letter from Chris Sauer relative to the
Torkelson-Kellogg (T/K) lease agreement was noted. City Manager stated
that, since a coal source had not become available to T/K, they would be
unable to meet the July 1, 1982, deadline for construction of an initial
facility on the leased property, thereby leaving the City with the
option of either cancelling the lease or amending it by including the
following provisions:
1.
Substitute Wheelabrator Coal Services Company for
Torkelson-Kellogg Inc.
2.
Addition of a termination clause allowing the City
to terminate the agreement sixty (60) days after
5
4TH OF JULY CREEK AREA:
(cont'd)
written notice if, in the City's judgement, a higher
and better use for the land has been determined, and
if, within thirty (30) days after said notice,
Wheelabrator Coal Services Company does not make a
firm commitment which the City determines is more
desirable.
I
Following discussion, it was moved by Meehan, seconded by Burgess and
unanimously carried to authorize the City Manager to negotiate this
agreement with the two added clauses.
XII.
CITY MANAGER REPORTS:
ADM (ORG/LOCAL): A. City Manager noted that the Seward Chamber of Commerce
had requested Council permission to discharge fireworks from the Cape
Jellison at 11:00 p.m. on July 4, 1982. It was moved by Swartz,
seconded by Burgess and unanimously carried to approve the Chamber of
Commerce's request to shoot fireworks off the Cape Jellison.
SPEC PROJ (MIC): B. City Manager requested authorization to purchase a
vehicle to be used by the inspector of the Fourth of July Creek
Industrial Center's site utilities transmission line project as opposed
to paying a $50 daily rental fee to CH M Hill, adding that, at the
completion of the project, the truck coula be used elsewhere within the
City service. Following discussion, it was moved by Swartz, seconded by
Soriano and unanimously carried to instruct the City Manager to
negotiate for the purchase of a used vehicle in an amount not to exceed
$7,500.
I
ADM (ST & CITY C. City Manager noted that Seward Fisheries had requested
LICENSING)permission to erect a tent camp site on private property for the purpose
of housing summer casuals. Dan Walker, Personnel Director for SFI,
appeared from the audience and stated that SFI would provide sanitary
facilities at the site and that showers would be available to the
campers at the Fisheries. He added that SFI viewed this arrangement as
a temporary solution; a more permanent campsite was planned for next
year. City Attorney, in response to O'Brien's concern for the City's
potential exposure to liability, stated that there would be no increased
liability to the City. Police Chief Bencardino added that a contained
campsite would actually ease the burden to the Police Department. City
Attorney advised that if SFI provided for disposal of waste and followed
other Code provisions relating to the spacing of the tents, they would
qualify for a temporary camper permit. Cripps, with Council consent,
stated that Council would not object to the City issuing a temporary
camper permit to Seward Fisheries for the purpose of providing a camper
park for its seasonal work force.
D. City Engineer Small outlined his trip with the City
Manager to Miami to discuss a proposed delay in shipment of the shiplift
and to Denver to discuss the Torkelson-Kellogg lease agreement with
Chris Sauer.
I
ADM (GOV'T AGNCY E. City Manager reported on the progress made by Kerry
& LEG Martin relative to the formation of a new borough to contain Seward,
BODIES): Hope, Cooper Landing, Moose Pass and Bear Creek. He outlined the
procedures which must be followed and stated that the City Attorney
would be putting together the petitions to be circulated within the
proposed new borough. City Manager also suggested three new names for
the borough; East Peninsula Borough, Resurrection Borough or Chugach
Borough.
F. City Manager extended an invitation to the Council to
attend the dedication of the Ft. Raymond monument and the outdoor
luncheon at 2:00 p.m. on Saturday, July 3, across from the Army
Recreation Camp. He also reminded Council that Joe Redington would be
presenting a sign designating Seward as the beginning of the Iditarod
National Historic Trail to the City on Sunday, July 4, at 1:00 p.m. in
the park located at Fourth Avenue and Ballaine Blvd; he asked that Mayor
Cripps accept the sign on behalf of the City.
6
PAGE 6
REGULAR MEETING - JUNE 28, 1982
VOLUME 20
XII. COUNCIL DISCUSSION:
ADM ( C COUNCIL): A. It was moved by O'Brien and seconded by Meehan to appoint
Councilmember Soriano as Vice-Mayor of the City Council. Gillespie
objected, stating that he had received more votes in the last Mayoral
election, and further, that with six years on the Council, four of which
he served as Vice-Mayor, he (Gillespie) was senior member of the
Council. There being no further discussion, the question was called and
the motion carried as follows to appoint Soriano as Vice-Mayor:
AYES:
NOES:
Cripps, Meehan, O'Brien, Soriano and Swartz
Burgess and Gillespie
FIN SERVICES B. City Manager noted that the City would be receiving
(REV SHRNG~342,785 under the State Municipal Assistance Program, and that the City
was required to identify, by resolution, the projects and amounts
allocated to each project to be funded by this entitlement. He
recommended that $200,000 be set aside for Lowell Creek Tunnel
engineering, and suggested the following items be considered by the
Council:
Construction of new bridge at
Lowell Creek
Regrading at Second Ave. and
Dairy Hill
Construction of school walkway
from the school past the Jesse
Lee property
Improvements to Greenbelt area
Engineering for water extensions
Improvements to street lights
Flood lights for Harbor area
$ 75,000.
40,000.
10,000.
100,000.
10,000.
30,000.
30,000.
Swartz suggested that some of the money be set aside for placing rip rap
along Resurrection River in Forest Acres to prevent future flooding.
City Engineer stated that improvements in that area and the construction
of another roadway to the dump (as suggested by Willard Dunham from the
audience) would cost approximately $1.5 Million. Gillespie and Burgess
agreed that the City should consider hiring a consulting firm to develop
a concept plan for present and future development in the Harbor area.
Meehan wanted some monies put aside for foot trails and bike paths, with
a suggestion that a foot path be constructed over the three bridges on
the Seward Highway, followed by a suggestion from Swartz that a bike
path along Nash Road be considered. O'Brien thought the City should
allocate a portion of the money to engineering the sewer line for Dairy
Hill. City Manager stated that he would prepare a list based on
Council's suggestions for the July 12, meeting.
ADM (ORG/LOCAL) C. June 18, 1982, letter from Harold W. Davis, Secretary of
the Seward Lodge Number 1773, B. P. O. Elks, requesting City permission
to reserve the use of the Jesse Lee property for a picnic to be held on
Sunday, July 18, 1982, was noted. Cripps, with Council consent, voiced
no objections to the use of the property as requested by the Elks Lodge.
D. In response to a question from O'Brien, City Attorney
stated that there would be no increased liability to the City if the
Chamber of Commerce is allowed to conduct its annual fireworks display
on July 4.
E. Soriano commended the City employees for their prompt
response to the fire aboard the processor in the Small Boat Harbor,
crediting them for averting a near major disaster.
F. Burgess felt the City employees should also be commended
for their response to the more recent fire in the Small Boat Harbor
area.
Burgess also requested that the City Attorney draft an
ordinance for introduction at the next meeting outlining the procedures
to be followed when filling a vacancy on Council by appointment, stating
that he would like to see a provision requiring that the next highest
PAGE 7
REGULAR MEETING - JUNE 28, 1982
VOLUME 20
XIII.
COUNCIL DISCUSSION: (Cont'd)
vote-getter be appointed. City Attorney stated that it might be
necessary to amend the Charter to effect such a change, adding that he
would research the matter and report back to Council.
G. Cripps stated that the Councilmembers should consider
attending the Ouchi Theory Z seminar to be held in Anchorage in October.
I
XIV. CITIZENS' DISCUSSION:
A. Willard Dunham appeared from the audience and advocated
putting in a new road over the old base road to the City Dump, thereby
diverting traffic from Dimond Blvd.
XV.
ADJOURNMENT:
recess,
matter.
The meeting was adjourned at 10:37 p.m., and after a short
the Council reconvened in Executive Session to discuss a legal
n S.. Mur h,y:
C"Y\ffi';'k~:,,,, .' ,> .'
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~?;>'J.-'f OF ",\..(-~)'
--------~~~----------------------------------------------------------
REGULAR MEETING - JULY 12, 1982
{ .'
- / I ( /
1- /~-~~ i (J__Le- L (
Donald W. Cripps
Mayor
( ( ;:; ~',
.r~ ~
I
I.
CALL TO ORDER:
The July 12, 1982, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Meehan led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Meehan, Gillespie, O'Brien. (Absent with
Council consent was Swartz, also absent was
Soriano)
Present also: City Manager Johnson, Assistant City Manager
Schaefermeyer, City Attorney Gantz and Deputy
City Clerk Reynolds
IV. APPROVAL OF MINUTES:
I
It was moved by Gillespie, seconded by Burgess and unanimously
carried to approve the June 28, 1982, regular meeting minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the City Manager, with Council consent an Executive
session will be held immediately following the regular meeting to discuss a
legal matter.
The City Manager requested that the following additions and deletion
be made to the regular meeting agenda:
VII. CITIZENS' DISCUSSION:
.::>
STATE OF AK
AVTC/MUN. PL.
& DEV.
MUN. PL & DEV/
FINANCE
SISTER PORT/
RES.
PAGE 8
REGULAR MEETING - JULY 12, 1982 VOLUME 20
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (cont)
B. Lanny Duncan, Dairy Hill sewer and water problem.
IX. ORDINANCE AND RESOLUTIONS:
C.
3. Delete proposed Resolution 82-54.
XII. CITY MANAGER REPORT:
C. Survey of Lowell Point Road
Following discussion, it was moved by O'Brien, seconded by Meehan and
unanimously carried to approve the regular meeting agenda as amended and
the consent calendar as presented, and the following actions were taken:
1. June 28, 1982, letter from State Alcoholic Beverage
Control Board noticing of application for transfer of
liquor license for Pioneer Bar, filed without objection.
2. July 6, 1982, invoice from Hughes, Thorsness, Gantz,
Powell and Brundin totalling $11,957.88, for legal
services rendered in May, 1982, was approved for pay-
ment and filed.
IV. PUBLIC HEARING:
None
VII. CITIZENS' DISCUSSION:
A. Bob Richardson of the State of Alaska Vocational Technical Center
discussed a proposed land exchange with the City of Seward. The land involved
which the City of Seward owns, is approximately 24 acres directly behind the
AVTC First Lake Facility and a five acre parcel in the Fourth of July Marine
Industrial Park. The State of Alaska owns 80 acres adjacent to Forest Acres
toward the City's Landfill. If a land exchange is not feasible, Richardson
requested that the City think about setting the land aside for educational
purposes. Following further discussion, with Council consent Mayor Cripps
called for a Public Hearing to be held on the proposed land exchange at the
next regular meeting, July 26, 1982. Also the Council requested a response
from the Seward Planning and Zoning Commission regarding the proposed land
exchange.
B. Lanny Duncan, a homeowner from the Dairy Hill area, requested
action from Council regarding the lack of sewer and water lines in this area.
After further discussion by Council it was decided with Council consent to
set aside $150,000 of the Municipal Assistance monies and have the adminis-
tration advertise for proposals on the engineering and design of a sewer and
water system for the Dairy Hill area. Councilman O'Brien abstained from
making comment due to a conflict of interest.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction.
None
B. Ordinances for Public Hearing and Enactment.
None
C. Resolutions:
1. Copies having been made available to the public, Cripps
noted by title only a proposed resolution establishing a Sister Port, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, RELATIVE TO THE SIGNING OF A SISTER PORT AGREE-
MENT WITH THE CITY OF KUSHIO, HOKKAIDO, JAPAN
Brent Whitmore and Dale Lindsey, representing the Seward Chamber of Commerce,
appeared from the audience and spoke in favor of the Councils' approval of
this resolution. Following further discussion, it was moved by O'Brien,
seconded by Burgess and unanimously carried to approve Resolution No. 82-52.
2. Copies having been made available to the public, Cripps
PAGE 9
ENG/RES
I
REGULAR MEETING - JULY 12, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (cont.)
noted by title only a proposed resolution appropriating funds for the purchas~
of a used vehicle for the Engineering Department, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER
OF THE CITY OF SEWARD TO PURCHASE A USED VEHICLE
FOR THE ENGINEERING DEPARTMENT.
City Manager noted that this resolution was a housekeeping measure, the monies
to purchase the used vehicle had been appropriated by Council at the June 28,
1982 regular meeting. It was moved by Meehan, seconded by O'Brien and un-
animously carried to approve Resolution No. 82-53.
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
A. June 28, 1982, letter from Robert E. Shafer, Price Waterhouse,
regarding development of Indirect Cost Proposal was noted. City Manager dis-
FIN/SERVICE cussed the fact that a better control of the indirect cost for each grant
and capital projects has contributed to time and money savings for the City.
After further discussion by the Council, it was moved by O'Brien, seconded
Meehan to accept the proposal as presented by Price Waterhouse, unanimously
carried by all present.
IN.
P.
S
UTIL &
WKS/W &
4TH OF JULY
MIP
MUN. UTIL &
P WKS/W & S
I
MUN.
DEV.
SUB.
PL &
LAUBNER
ADMIN. &
POLICY
LOBBYIST
XII. CITY MANAGER REPORTS:
A. July 6, 1982, memorandum from City Engineer Small regarding
proposals received for the Lowell Creek Tunnel Renovation Project. Six
engineering firms submitted proposals. Mayor Cripps, with Council consent,
asked for the administration's recommendation on the proposals. City Manager
Johnson reported that after evaluating the firms, the top two were CH2M Hill
and CRS Group. The administration is recommending CH2M Hill. Following further
discussion, it was moved by Meehan, seconded by O'Brien and carried unanimously
to accept CH2M Hill's proposal for the Lowell Creek Tunnel Renovation Project.
B. July 6, 1982, memorandum from City Engineer Small regarding
proposals received for the design of the Fourth of July Creek North Bulkhead
Project was noted. Four engineering firms submitted proposals. Mayor Cripps,
with Council consent, asked for the administration's recommendation. City
Manager Johnson reported that after evaluating the firms, Century/Quadra came
out on top. After further discussion by Council, it was moved by Gillespie,
seconded by Meehan and carried unanimously to accept Century/Quadra's proposal
for the Fourth of July Creek North Bulkhead Project.
C. City Manager noted that the problem with the sewer line located
within the Lowell Point Road requires a survey to be done. City Engineer Small,
appearing from the audience, reported he had contacted local firms and none
were available to do the work immediately. A major factor involved is that the
next low tides, when a lot of the surveying must be done, will be on July 19 &
24th City Engineer Small, reported he discussed the surveying work with Quadra
Engineering, who will be available in Seward as they will be doing other work
for the City. After further discussion by Council, City Manager Johnson
requested guidance from the Council as to what direction they would like him
to take in this situation. Mayor Cripps, with Council consent, authorized
the City Manager to enter into negotiations with Quadra Engineering for time
and materials in surveying Lowell Point Road.
D. City Manager noted that Elizabeth Mahan, had asked him if the City
would be interested in purchasing Lot 16, Block 11, Laubner Subdivision from
her. Following discussion, Mayor Cripps with Council consent requested the
administration to bring a recommendation on the purchase of this lot to the
July 26, 1982 meeting.
XIII.
COUNCIL DISCUSSION:
A. July 7, 1982, proposal from Kent Dawson, Dawson & Associates,
to conduct legislative and administrative lobbying activities for the City of
PAGE 10
REGULAR MEETING-JULY 12, 1982
VOLUME 20
XIII.
COUNCIL DISCUSSION: (cont.)
ADMIN. &
POLICY
LOBBYIST
Seward was noted. Following discussion by Council as to the excellent results
Dawson's lobbying achieved for the City of Seward, it was moved by O'Brien,
seconded by Meehan and carried unanimously to have the administration enter
into a contract with Dawson & Associates.
ELEC.jCC
B. June 8, 1982, letter from Donna Lewis regarding damage to her
television on May 20th, 1982. After discussion by Council, it was moved by
Gillespie, seconded by Burgess and carried unanimously not to approve for
payment the damage claim by Donna Lewis.
C. Councilman Burgess had requested an ordinance to be drafted by
the City Attorney relating to the procedure to be followed when filling a
vacancy on Council by appointment. Due to the fact Attorney Arvidson was not
present, Burgess stated he would like to have the ordinance ready for the July
26, 1982 meeting.
D. Mayor Cripps noted a waterline break on A float at the SBR and
requested if there were monies available to have it fixed. Also, would it be
possible to have electricity put on A float? City Manager Johnson stated the
waterline would be fixed tomorrow on A float. City Engineer Small reported
that the State had put out bids for water and electricity to all floats, but
they received no bids. The State of Alaska would be advertising again in the
near future for bids on this project.
D. Councilman Meehan, stated everyone should take advantage of the
City's tour of the Fourth July Marine Industrial Center, as the project appears
to be going quite well.
XIV CITIZENS' DISCUSSION:
A. Brent Whitmore, Seward Chamber of Commerce, spoke on the schedule
of the Obihiro Exhange Students and invited everyone to make them feel welcome.
They will be attending the Council meeting of July 26, 1982.
B. Kerry Martin, Adminstrative Assistant for the City of Seward, gave
a brief report on Expo '82 and reminded everyone of the dates that the
delegation from Kushiro will be in Seward.
XV. ADJOURNMENT:
The meeting was adjourned at 8:45 p. m., and after a short recess,
the Council reconvened in Executive Session to discuss a legal matter.
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(City seal)V":~~~/
(Jk~
Donald W. Cripps
Mayor
-------------------------------------------------------------------------------
PAGE 10
REGULAR MEETING - JULY 26, 1982
VOLUME 20
I.
CALL TO ORDER:
The July 26, 1982, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Meehan led the pledge of allegiance to the flag.
I
I
1 1
11
PAGE 11
REGULAR MEETING - JULY 26, 1982
VOLUME 20
I II. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan, O'Brien and Swartz (Absent,
with Council consent, was Councilmember
Soriano)
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Johnson, Assistant City Manager
City Attorney Arvidson and City
IV.
APPROVAL OF MINUTES:
carried
meeting
I t was moved by Meehan,
by all those present to
minutes as written.
seconded by O'Brien and unanimously
approve the July 12, 1982, regular
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested the following additions be made to the
regular meeting agenda:
IX. ORDINANCES AND RESOLUTIONS:
C. Resolutions:
3. Proposed Resolution No. 82-56, approving a
contract with the Department of Public Safety
for use of the City jail facilities
4. Proposed Resolution No. 82-57, naming and
allocating funds for capital projects in
accordance with AS 37.05.315
XII.
CITY
C.
D.
E.
F.
MANAGER REPORTS:
Leasing of Waterfront Tracts
Problem with recreational vehicles
Seaborne ambulance
Proposed purchase of Elizabeth Mahan's
lot
Burgess requested that an Item C--City Manager Selection--be
added to agenda heading XIII. COUNCIL DISCUSSION. Gillespie requested
that Item D--Travel policy for Council and the Administration--be added
to agenda heading XIII. COUNCIL DISCUSSION.
Following discussion, it was moved by Burgess, seconded by
Swartz and unanimously carried by all those present to approve the
regular meeting agenda as amended and the consent calendar as presented,
and the following action was taken:
1.
210/ACCOUNTS PAYABLE:
890/
AVTEC:
I
July 7, 1982, accounts payable list from the Finance
Department was approved for payment and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough representative Darryl Schaefermeyer
gave a verbal report of the July 20, 1982 assembly meeting.
VII. PUBLIC HEARINGS:
Notice of public hearing as published in the local newspaper
was noted and the public hearing was opened. Herman Leirer, Dairy Hill,
appeared from the audience and spoke in opposition to any type of
development in the First Lake area, stating that there was a danger of
snow slides in that area. He went on to state that this land should be
held as a public park area to be used by all the citizens of the
community. Leirer added that he was in no way opposed to dedicating a
parcel of land in the Fourth of July Creek area to the Alaska Vocational
Technical Center (AVTEC) for educational purposes. Brent Whitmore
appeared from the audience and spoke in favor of dedicating the First
Lake property to AVTEC, stating that Council should not base its
decision on the possibility of a snow slide sometime in the future. No
one else appeared from the audience in order to be heard, and the public
hearing was closed.
1 ....
PAGE 12
REGULAR MEETING - JULY 26, 1982
VOLUME 20
VII. PUBLIC HEARINGS: (Cont'd)
890/AVTEC:
(cont'd)
City Manager noted the July 14, minute order from the Seward
Advisory Planning and Zoning Commission advocating the dedication of
land to AVTEC rather than a land exchange along with several public
hearings on the issue before Council takes action, adding that the
administration would concur with the Commission's recommendation.
O'Brien and Swartz both spoke in opposition to relinquishing
control of the First Lake property, noting the sentimental value of the
property and the need for public park space in the community.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
A. Brent Whitmore, appearing from the audience, gave a brief
outline of the ten-year history of the student exchange program between
the cities of Seward and Obihiro. He then introduced Marcie Woern,
Suzanne Fletcher, Zach Moore and Bob Booher who will be representing the
City in Obihiro this summer and Hideo Kato, Keiko Ota, Tamaki Mokonoma
and Teiichi Matsumoto who are visiting Seward from Obihiro. Each of the
eight students spoke briefly before Council.
B. Don Smith, Project Manager,
Engineer, both of EBASCO, appeared from the
progress and future projections for the Grant
and Wayne Pietz, Proj ect
audience and outlined the
Lake Hydro project.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
100/ADM STAFF & 1. Copies having been made available to the public,
350/RES: Cripps noted by title only a proposed resolution granting a 10.3% pay
increase to City Manager Johnson, entitled:
A RESOLUTION ESTABLISHING THE
SALARY FOR THE CITY MANAGER
AND RESCINDING ALL PRIOR
RESOLUTIONS IN CONFLICT HERE-
WITH.
O'Brien stated that the Council, through oversight, had neglected to
grant a pay increase to the City Manager on July 1 as was customary.
The City Clerk stated that Johnson's new salary, effective July 1, 1982,
including a 7.8% COLA increase and a 2.5% step increase, would be $5192
per month. Following discussion, it was moved by O'Brien, seconded by
Meehan and unanimously carried by all those present to approve
Resolution No. 82-54.
230/BUDGET &
350 /RES: Cripps
& budget,
100 /LOBBYIST:
2. Copies having been made available to the public,
noted by title only a proposed resolution amending the FY 83
entitled:
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE FISCAL
YEAR 1982-1983 BUDGET BY IN-
CREASING THE REVENUES FROM
CONTRACT AND LEGAL ADMINISTRA-
TION.
City Manager noted that Council had, at its July 12, meeting, approved a
$72,000 contract with Dawson and Associates for lobbying services,
adding that this resolution made the necessary budget adjustments to
allow for this expenditure. It was moved by Gillespie, seconded by
Swartz and unanimously carried by all those present to approve
Resolution No. 82-55.
.,"
PAGE 13
REGULAR MEETING - JULY 26, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIOSN: (Cont'd)
C. Resolutions: (Cont'd)
3. Copies having been distributed to
to the public, Cripps noted by title
approving a contract with the Department of
City's jail facilities, entitled:
Council and made
only a proposed
Public Safety for
740/POLICE DEPT
CONTRACTS available
& resolution
350/RES: use of the
I
280/ST
&
350/RES:
I
460/LOWELL
CANYON
TWNHS
SUB. &
500/
MUN UTlL
EXTEN:
I
A RESOLUTION AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE STATE DE-
PARTMENT OF PUBLIC SAFETY FOR
CONTRACTUAL USE OF THE CITY
JAIL FACILITY.
City Manager noted that this was a formality, adding that these revenues
had been included in the FY 1983 budget approved by Council in June. It
was moved by Swartz, seconded by Meehan and unanimously carried by all
those present to approve Resolution No. 82-56, authorizing the
administration to enter into the contract.
REV SHRG
available
resolution
entitled:
4. Copies having been distributed to Council and made
to the public, Cripps noted by title only a proposed
identifying and allocating monies for capital projects,
A RESOLUTION IDENTIFYING THE
CAPITAL PROJECTS AND THE
AMOUNT ALLOCATED TO EACH PRO-
JECT IN ACCORDANCE WITH
AS 37.05.315.
City Manager noted that the City had been allocated $257.50 per capita,
plus an additional $3.92, for a total of $474,576.42 under the State
Assistance for Municipalities Program for the year 1982-83. Before
receiving the grant, the City is required to adopt a resolution
identifying and allocating monies to the capital projects to be funded
by the entitlement. City Manager added that the capital projects listed
in the resolution had been discussed and requested by Council at prior
meetings. Gillespie noted that funding for the Lowell Canyon Sewer Line
was slated to be discussed later on the agenda under "City Manager
Reports"; he requested that this agenda item be moved forward so that
discussion could take place before a motion was made on the proposed
resolution. There being no objection from Council, this agenda item
was taken out of order.
XII. CITY MANAGER REPORTS: (Taken out of order)
B. July 21, 1982, memorandum from City Engineer Small and
accompanying Memorandum of Understanding (with attached plat) to Robert
McCabe, developer of the Lowell Canyon Townhouse Subdivision, were
noted. Small, appearing from the audience, stated that the City had
installed a 12" water line across the subject property without obtaining
the proper easement. He recommended that Council take the following
action as a negotiated settlement to allow the development of the
subdivision to take place without removal of the water line:
1.
Obtain an additional easement necessary to
accomodate the offending water line;
2.
Construct, at City expense, a sewer line to the
adjacent property; and
3. Replace the existing private 4" sewer line now
serving the Senior Citizens' Home.
In response to questions from Gillespie and Burgess, City Engineer
explained that the encroaching water line had been installed in 1977 on
the basis of an inaccurate as-built survey. He also stated that those
private property owners along the path of the new sewer line could
~4
PAGE 14
REGULAR MEETING - JULY 26, 1982
VOLUME 20
XII. CITY MANAGER REPORTS: (Cont'd)
460 &
500:
(cont'd)
hook into the City's system at their own expense. O'Brien stated that
he agreed with City Engineer's recommendations, adding that City funds
should be spent to provide adequate basic services to the citizens of
the community.
IX. ORDINANCES AND RESOLUTIONS: (cont'd)
C. Resolutions: (cont'd)
280 &
350:
(cont'd)
Following discussion, it was moved by Swartz, seconded by O'Brien and
unanimously carried by all those present to approve Resolution No.
82-57.
RECESS:
The meeting was recessed at 8:55 p.m.; reconvened at 9:10 p.m.
X. UNFINISHED BUSINESS: None
XI. NEW BUSINESS: None
XII. CITY MANAGER REPORTS:
A. July 13, 1982, letter from Julian L. Mason and attached
Bench Order and Order Affirming Bench Order relative to a rate increase
granted to Chugach Electric Association (CEA), were noted. City Manager
explained that this was a victory for the City since the Alaska Public
Utilities Commission (APUC) had ordered CEA to formalize its
relationship with the City of Seward before step two of its rate
increase could be put in effect.
B.
Taken out of order.
(See Page 13, Volume 20.)
460/WATERFRONT C. City Manager stated that he had been approached by a
TRACTS: local businessman about the possibility of leasing Tract 2, Waterfront
Tracts. He recommended that Council authorize the administration to
request proposals on Tracts 2, 5 and 6, Waterfront Tracts. City Manager
noted that the Teen Center is currently housed on Tract 2, but added
that the proceeds from the lease of the subject property should fund the
building of a new Teen Center. He assured Council that the Teens would
not be moved from their present location until a new site was available
for them. In response to a question from Gillespie, City Manager stated
that the property in question was zoned Commercial District. Burgess
expressed concern over the location of the proposed new Teen Center;
City Manager stated that he favored constructing a building to house
some City offices and the Teen Center in the lot north of City Hall.
There being no objection from Council, Cripps instructed the
administration to request proposals for development of Tracts 2, 5 and
6, Waterfront Tracts.
740/POLICE: D. City Manager noted that the City was experiencing a
problem with off-highway vehicles, including three-wheelers and dirt
bikes, being operated on City streets and recommended that Council
direct the Chief of Police to enforce state and city laws governing both
unlicensed vehicles and unlicensed drivers. Chief Bencardino, appearing
from the audience, warned Council that by not enforcing the current
laws, the City is actually encouraging people to break the law. In
response to a question from O'Brien, City Attorney stated that ignoring
the problem did not negate the City's liability, adding that only by
taking reasonable steps to enforce the present laws could the City
escape liability if an accident should occur. Brent Whitmore and Herman
Leirer, appearing from the audience, spoke in support of the City
enforcing present laws relative to off-highway vehicles on City streets.
Following discussion, Cripps, with Council consent, directed the Chief
of Police to begin enforcing current state and city laws governing all
off-highway vehicles including three-wheelers, certain dirt bikes and
snowmobiles, and further directed the City Manager to place a notice of
this action in the local newspaper, on the local radio station and in
the form of a flyer in local post office boxes.
PAGE 15
REGULAR MEETING - JULY 26, 1982
VOLUME 20
XII.
CITY MANAGER REPORTS: (Cont'd)
850/SVAC E. City Manager noted that the City had been allocated a
grant totalling $75,000 for the purpose of purchasing a seaborne
ambulance. Cripps, with Council consent and upon the recommendation of
the City Manager, directed the administration to seek a change in the
grant allowing the money to be used to replace the City's land-based
ambulance, with any monies not expended to go towards the construction
of a new building to house the ambulance.
I
460/LAUBNER F. City Manager stated that he had inspected Elizabeth
SUB: Mahan's 30' lot located in the Laubner Addition as directed by Council
at the July 12, regular meeting. Ms. Mahan had offered to sell the lot
to the City. City Manager recommended that the Council take no action
at this time, stating that the lot would be of no value to the City.
G. City Manager stated that the petitions for the formation
of a new borough would be ready soon. He recommended that those
circulating the petitions not be connected with the City government or
administration.
XIII.
COUNCIL DISCUSSION:
I
A. July 26, 1982, memorandum from City Attorney relative to
drafting an ordinance setting out procedures to be followed when
filling a Council vacancy was noted. City Attorney advised Council that
such an ordinance might prove to be invalid in that Council may be
precluded from restricting the discretion of future councils to exercise
a power required by the City Charter. Burgess and Swartz both spoke in
favor of a set of guidelines requiring that a vacant council seat be
filled by one who had run in the previous election. O'Brien disagreed,
stating that the Charter granted this power to the Council, adding that
this Council had no right to bind another council to its way of doing
things. Brent Whitmore, appearing from the audience, stated that he was
disturbed that Council was considering giving away the powers of future
Councils. Burgess suggested that a resolution might be the proper way
to go--any policy set forth would not be binding, but would only be used
as a guideline. A poll of the Council showed that Burgess wanted a
resolution prepared setting forth guidelines, }1eehan and Swartz favored
a workshop to discuss the matter further, Gillespie was undecided, and
O'Brien felt that no action was necessary.
B. July 26, 1982, memorandum and draft ordinance on
Initiative, Referendum and Recall, as submitted by City Attorney, were
noted. City Attorney stated that the Constitution of the State of
Alaska and the Alaska Statutes require that the City Code contain such
an ordinance. He added that he had included some of the provisions
contained in SB 180 (1982 Session)--vetoed by Governor
Hammond--explaining that the sections on initiative and referendum would
probably be included in the new legislation which is almost certain to
be enacted next session. Cripps, with Council consent, directed the
Clerk to place the introduction of this proposed ordinance on the agenda
for the August 9, meeting.
I
C. Burgess stated that Council had received approximately
70 applications for the position of City Manager and added that the
selection should be made prior to the Mayor's trip to Japan (scheduled
for August 5). Gillespie, Meehan, O'Brien and Swartz felt that a
workshop was needed to weed out unsuitable candidates and decide which
candidates should be interviewed. Cripps, with Council consent, called
a closed work session for Monday, August 2, at 7:00 p.m. in the City
Manager's Office.
It was moved by O'Brien, seconded by Swartz and failed to
carry as follows to require that a full council be present to select the
City Manager:
AYES:
NOES:
ABSENT:
O'Brien and Swartz
Burgess, Cripps, Gillespie and Meehan
Soriano
lr.
..c'-'
PAGE 16
REGULAR MEETING - JULY 26, 1982
VOLUME 20
XIII.
COUNCIL DISCUSSION: (Cont'd)
O'Brien then suggested that final selection of a new City
Manager be delayed until after the October election, stating that
interviews could not be completed until September which would mean a
delay of only one additional month. Swartz added that time was not a
real factor since Assistant City Manager Schaefermeyer could fill in as
Acting City Manager until such time as a new manager was hired.
Burgess, disagreeing, stated that selection of a new City Manager should
be made as soon as possible. City Attorney advised Council that the
Charter stated that Council had 45 days in which to fill an apointed
office after a vacancy occurs, with the option of an extension of 90
days if a suitable candidate cannot be found in that time. Further
discussion of this agenda item was continued until the work session
scheduled for August 2.
D. Gillespie requested that a policy governing travel by the
City Administration be established requiring reporting to Council on all
in-state travel and Council permission prior to undertaking any
out-of-state travel. City Manager noted that all travel budgets are
approved by Council, and all travel vouchers are audited by Finance
Director Gale and approved by the City Manager. O'Brien and Swartz felt
that such a reporting policy as outlined by Gillespie was unnecessary,
stating that all travel records are public information.
E. Cripps noted that the City had hosted a reception for the
delegation from our Sister Port City, Kushiro, followed by two
receptions hosted by the Kushiro delegation. He added that this
exchange with our Japanese friends had been rewarding and enjoyable.
XIV. CITIZENS' DISCUSSION:
No one appeared from the audience at this time in order to be
heard.
XV. ADJOURNMENT:
was adjourned at 10:55 p.m.
Ao.
'(City Seal) , .'
~~'l1:F-~~~~C-------------------------------------------------------
PACE?1'6-~c;'rr" REGULAR MEETING - AUGUST 9, 1982 VOLUME 20
1.
CALL TO ORDER:
The August 9, 1982, regular meeting of the Seward City Council
was called to order by Vice-Mayor Charles H. Soriano.
II. OPENING CEREMONY:
Councilmember Burgess led the pledge of allegiance to the
flag.
I II. ROLL CALL:
Present were:
Vice-Mayor Soriano and Councilmembers Burgess,
Gillespie, Meehan, Soriano and Swartz (Absent,
with Council consent, was Mayor Cripps)
Present also: City Manager Johnson, City Attorney Arvidson
and City Clerk Murphy
"?"""T
PAGE 17
REGULAR MEETING - AUGUST 9, 1982
VOLUME 20
SPECIAL PRESENTATION:
HIO/ ADM & POLICY Vice-Mayor Soriano presented retiring City Manager Johnson
MNGMT: with a plaque in recognition of his years of dedication and service to
the community. He then presented Johnson with a gold nugget watch from
Council in appreciation for all he has accomplished for the City.
IV. APPROVAL OF MINUTES:
I
carried
meeting
It was moved by Meehan, seconded by Burgess and unanimously
by all those present to approve the July 26, 1982, regular
minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the City Manager, it was moved by O'Brien,
seconded by Swartz and unanimously carried by all those present to hold
an executive session immediately following the close of regular business
in order to discuss a legal matter.
City Manager requested that
82-58--Item No. IX.C.1--be deleted from the
that the following item be added:
proposed Resolution No.
regular meeting agenda and
XI. NEW BUSINESS:
A. Ottwater Engineering contract - Lowell Point
Road.
He also requested that the following item be added to the Consent
Calendar:
6. June 1982, invoice from Hughes, Thorsness, Gantz,
Powell and Brundin totalling $12,897.37.
I
O'Brien requested the following addition be made to the
regular meeting agenda:
IX. ORDINANCES AND RESOLUTIONS:
C. Resolutions:
1. Proposed Resolution No. 82-58, dedicating
a scenic viewpoint on Nash Road to
Clarence E. Johnson.
Meehan requested the following addition be made to the regular
meeting agenda:
X. UNFINISHED BUSINESS:
A. City Manager selection.
Gillespie requested the following addition be made to the
regular meeting agenda:
XIII.
COUNCIL DISCUSSION:
A. Discussion of the City's position relative
to SunEel' s plans to move coal over the
railroad dock.
Following discussion,
Meehan and unanimously carried
regular meeting agenda and the
I following actions were taken:
2l0/FINANCE 1. August 2, 1982,
payable totalling
and filed.
it was moved by Burgess, seconded by
by all those present to approve the
consent calendar as amended and the
Finance Department's list of accounts
$2,987,281.76 was approved for payment
2. July 29, 1982, letter from City Attorney with attached
draft of amended Wheelabrator Coal Services Company lease
was noted for information and filed.
3. July 22, 1982, letter from Department of Energy relative
to Bradley Lake transmission and marketing issues was
noted for information and filed.
18
PAGE 18
REGULAR MEETING - AUGUST 9, 1982
VOLUME 20
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
4.
July 20, 1982, letter from
attachments, relative to Chugach
noted for information and filed.
Baily & Mason, with
Electric Association was
S. July 1, 1982, progress report No. 9 relative to Grant
Lake Feasibility Study was noted for information and
filed.
300/LEGAL
6.
June 1982 invoice from Hughes, Thorsness, Gantz, Powell
and Brundin for legal services totalling $12,897.37 was
approved for payment and filed.
VI.
BOROUGH ASSEMBLY REPORT:
None
VII. PUBLIC HEARINGS:
460/MUN.PLANNING: A. Notice of Public Hearing as published twice in the local
newspaper and posted was noted. City Manager noted that the property in
question (Lot 2, Tract B of Boundary Location Survey of US Survey Nos.
149 and 242 as per Survey Plat No. 3-20) was located along the Seward
Highway just north of the City-owned tennis court. The City is seeking
concurrence from the State of Alaska for a change of use from
Recreational to Public for the purpose of eventually moving the City
shop to that location. The public hearing was opened; no one appeared
from the audience in order to be heard and the public hearing was
closed.
890/PUB SERV.FAC: B. Notice of Public Hearing as published once in the local
newspaper and posted was noted and the public hearing was opened on the
proposed dedication of land to Alaska Vocational Technical Center
(AVTEC) . Jack Werner, Chairman of the advisory board for AVTEC, and
Robert Booher, Director of AVTEC, appeared from the audience and spoke
in favor of the dedication of the land behind the First Lake facility.
Werner briefly outlined the history of AVTEC in Seward and stressed the
need for a commitment from the City as soon as possible, adding that if
Seward did not provide a place for AVTEC to expand, the new programs
would go to some other City. Joan Kilcup, Ruth McHenry, Christy Moeller
and Herman Leirer appeared from the audience and spoke in opposition to
the City relinquishing control of the First Lake area. They each
expressed their desire to see AVTEC grow but felt that another location
would be more desirable. Booher stated that AVTEC' s expansion and
development of this area would not jeopardize present use of the lake
and surrounding area. No one else appeared from the audience in order
to be heard and the public hearing was closed.
0' Brien suggested that a work session with the AVTEC
staff be scheduled to explore possible joint use of the area as well as
alternative locations for AVTEC's expansion. City Manager concurred,
adding that it was important that some land be dedicated soon, thus
increasing the State's commitment to Seward as the site of their
principal vocational technical facility. Soriano, with Council consent,
informed Booher that a date for the work session would be set at the
August 23, 1982, regular meeting.
VII I.
CITIZEN'S DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
320/LEGAL & 1. Copies having been made available to the public,
3S0/0RD: Soriano noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, CREATING CHAPTER 13, INITI-
ATIVE, REFERENDUM AND RECALL, OF THE
SEWARD CITY CODE.
-; j' \
PAGE 19
REGULAR MEETING - AUGUST 9, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
A. Ordinances for Introduction: (Cont'd)
320 & 350: City Manager noted that the State constitution and the City Charter
(cont'd) require that the Code contain these provisions. Following discussion,
it was moved by Gillespie, seconded by Burgess and unanimously carried
by all those present to introduce proposed Ordinance No. 510 with the
public hearing and vote for enactment to be considered at the August 23,
1982, regular meeting.
I
B.
Ordinances for Public Hearing and Enactment:
None
C. Resolutuions:
350/
RES:
1.
made available to
resolution entitled:
Copies having been distributed to Council, but not
the public, City Clerk read aloud a proposed
A RESOLUTION OF THE CITY COUNCIL OF
SEWARD, ALASKA, DEDICATING THE SCENIC
VIEWPOINT LOCATED AT MILE 4.0, NASH
ROAD, TO CLARENCE E. JOHNSON.
It was moved by O'Brien, seconded by Swartz and unanimously carried by
all those present to approve Resolution No. 82-58.
350/RES &
840 /PUB.
SERV.FAC:
2. Copies
distributed to Council,
resolution entitled:
having been made available to the public and
Soriano noted by title only a proposed
I
A RESOLUTION OF THE CITY COUNCIL OF
SEWARD, ALASKA, ESTABLISHING A LATE
PAYMENT PENALTY CHARGE FOR DELINQUENT
SMALL BOAT HARBOR ACCOUNTS.
City Manager noted that Council had been presented with two options for
this proposed resolution and recommended that Council approve Option No.
2 which exempts state or federal government accounts from the late
penalty charge of 1.5 percent per month, not to exceed 18 percent per
year. Following discussion, it was moved by O'Brien, seconded by Meehan
and unanimously carried by all those present to approve Resolution No.
82-59, Option No.2.
X.
UNFINISHED BUSINESS:
100/ADM: A. Meehan noted that Council, after reviewing approximately
70 applications for the position of City Manager, had narrowed the field
to 3 and had interviewed these three last week. He went on to say that
while all three were well qualified for the position, Garzini displayed
more experience in the fields in which Council was interested. O'Brien
expressed his concern that Garzini's references had not yet been checked
and felt that selection should not be made until such time as the proper
reference checks could be made. Burgess indicated that he had contacted
a Municipality of Anchorage employee who had worked for Garzini--his
report was favorable. Following further discussion, it was moved by
Meehan, seconded by Swartz and carried as follows to appoint Ron Garzini
City Manager:
I
AYES:
NOES:
ABSENT:
Burgess, Gillespie, Meehan, O'Brien and Swartz
Soriano
Cripps
The Clerk was instructed to contact Garzini and schedule a meeting with
Council for negotiations.
PAGE 20
REGULAR MEETING - AUGUST 9, 1982
VOLUME 20
XI. NEW BUSINESS:
540/SEWAGE TRMT: A. City Manager noted that Lowell Point Road was still a
(MUN.UTIL) problem area which needs immediate attention in order to properly
safeguard and protect the Sewage Treatment facility located on that
road. He added that Ottwater Engineers has a qualified person on staff
to perform the necessary engineering to determine what needs to be done
to upgrade the road and how to do it. Following discussion and at the
request of the City Manager, it was moved by Gillespie, amended by
O'Brien, seconded by Meehan and unanimously carried by all those present
to authorize the City Manager to negotiate a contract with Ottwater
Engineers for engineering work on Lowell Point Road in an amount not to
exceed $11,080 for sewer line maintenance only.
XII. CITY MANAGER REPORTS:
51O/MUN.UTIL: A. City Manager noted that the City had been working with
Power Two and the City Electric Department to repair some broken
electrical poles and broken insulations. He noted that the cost was
being charge against the Marine Industrial Center Site Utilities Project
No. 237000. Burgess stated that the Council and residents affected by a
recent extended power outage caused by this repair work should have
received prior notice. City Manager indicated that he had intended to
bring Council's attention to this at the last meeting but had failed to
do so.
B. City Manager noted that 20 foot easements had been
included in the lots in Jesse Lee Subdivision. Now that all utilities
in the area are underground and serviced from the street he recommended
that the City abandon these easements. City Manager noted for the
record that he owns property in the area under discussion. At the
request of 0' Brien, this agenda item was tabled until the August 23
meeting giving the Administration a chance to determine if all lots in
Jesse Lee Heights have been provided with basic services.
C. City Manager noted that the City had included a 1941 Ford
fire truck in a recent surplus property sale and had received a high bid
of $729. Because of the possible antique and historical value of the
vehicle, he was requesting guidance from Council before finalizing the
sale. He added that the City owns another 1941 fire truck which is
stored in the Fire Station. Following discussion, Soriano, with Council
consent, instructed the administration to proceed with the sale of the
truck.
D. City Manager noted that the City owns a 30 foot lot
adjacent to a privately owned 30 foot lot next to the lagoon. Since a
30 foot lot is too small to be developed, he recommended that the
Council make this lot available to the owner of the other lot at fair
market value. O'Brien suggested that an inventory of all City-owned
property be presented to the Seward Advisory Planning and Zoning
Commission to determine which properties are not needed by the City for
present or future development with the excess property to be sold;
Burgess concurred. Soriano, with Council consent, directed the
administration to prepare an inventory of all City-owned property.
E.
accumulated
August 24 if
City Manager noted
leave starting August
needed in an emergency.
that he would be taking his
10, but would be available until
He wished the City well.
XIII.
COUNCIL DISCUSSION:
A. Swartz noted a complaint she had received from a citizen
concerning the large concrete blocks along the waterfront near the
monument on Ballaine Blvd. City Manager replied that they were
necessary to protect the monument from tidal action and erosion.
B. Gillespie asked the City's position on SunEel's attempts
to move coal over the railroad dock and was informed that the City has
not taken a position to discourage this development. City Manager noted
that SunEel has not as yet applied for a permit to allow for this type
of development in the Harbor area.
I
I
I
PAGE 21
REGULAR MEETING - AUGUST 9, 1982
VOLUME 20
XIII.
COUNCIL DISCUSSION: (Cont'd)
Gillespie also inquired about the status of the grain
terminal. City Manager noted that this was a State project with the
last word from Juneau indicating that construction would resume soon.
C. In response to a question from Burgess, City Manager
stated that he had been unable to get the grant providing for a
sea-borne ambulance amended to allow the City to purchase a conventional
land-based ambulance. He recommended that the City not accept this
grant based upon an offer from legislators in Juneau to introduce his
request for a land-based ambulance at the beginning of the next
legislative session.
D. Meehan thanked Johnson for his contributions to the City
and wished him well in his retirement.
E. Soriano thanked both Johnson and his wife, Evangeline
Johnson, for the years they have given Seward.
XIV. CITIZENS' DISCUSSION:
A. Evangeline Johnson appeared from the audience and thanked
the Council for honoring her husband with the gift of the watch and the
dedication of the scenic viewpoint.
XV. ADJOURNMENT:
The meeting was adjourned at 9:15 p.m. and, after a short
recess, r~sonvened in executive session to discuss a legal matter.
I.' 1,.(0. .......~;
(~Ldta~
Charles H. Soriano
Vice-Mayor
(e:!:1;y Sea,l)
,-
-----~~~~--~~~~;:_-----------------------------------------------------
PAGE 21
SPECIAL MEETING - AUGUST 17, 1982
VOLUME 20
***THIS MEETING WAS RESCHEDULED TO AUGUST 18, 1982, DUE TO LACK OF
QUOR~.,
L' ......."
I".'
(!;ity Seal)
----~~~~7~"~---------------------------------------------------_______
PAGE 21
SPECIAL MEETING - AUGUST 18, 1982
VOLUME 20
1.
CALL TO ORDER:
The August 18, 1982,
Council was called to order at
Soriano.
special meeting of the Seward City
3:35 p.m. by Vice-Mayor Charles H.
II. OPENING CEREMONY:
Councilmember Meehan led the pledge of allegiance to the flag.
PAGE 22
SPECIAL MEETING - AUGUST 18, 1982
VOLUME 20
III. ROLL CALL:
Present were: Vice-Mayor Soriano and Councilmembers Burgess,
Gillespie and Meehan (Absent, with Council
consent were Mayor Cripps and Councilmembers
O'Brien and Swartz)
Present also: City Clerk Murphy
IV. SPECIAL ITEM:
100/ADM & A. Copies having been made available to the public, Soriano
350/LEGAL:read by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
CONFIRMING THE APPOINTMENT OF
RONALD A. GARZINI AS CITY MANAGER.
Prior to the meeting, the Clerk had noted the following changes to the
employment agreement (Attachment A):
1. Line 1 of Paragraph 2 was changed to read, "Garzini
shall be paid at the rate of $55,000 annually."
2. The last line of Paragraph 3 was changed to read,
"Garzini shall be paid up to $2,500 for relocation
expenses when incurred.
Gillespie stated that the effective date
employment agreement should be changed to read "August 31,
assure insurance coverage for Garzini beginning September 1.
of the
1982" to
It was moved by Burgess, seconded by Meehan and
unanimously carried by all those present to approve Resolution No. 82-60
incorporating the amendments as related by the City Clerk and Gillespie.
V.
CITIZENS' DISCUSSION:
No one appeared from the audience in order to be heard.
VI. ADJOURNMENT:
The meeting was adjourned at 3:42 p.m.
. ." r.rJL'L"-:!I/IJ/1 '
, LI).>, .<.{~ ~
)". ' i. -'~.'
,.>.'
a1~A0P~
Charles H. Soriano
Vice-Mayor
(City Seal)
-----~~-~~-~--~-~------------------------------------------------------
PAGE 22
REGULAR MEETING - AUGUST 23, 1982
VOLUME 20
I.
CALL TO ORDER:
The August 23, 1982, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Soriano led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, O'Brien, Soriano and Swartz (Absent,
with Council consent, was Councilmember Meehan)
i' (~
PAGE 23
REGULAR MEETING - AUGUST 23, 1982
VOLUME 20
III. ROLL CALL: (Cont'd)
Present also: Acting City Manager Schaefermeyer,
Attorney Arvidson and City Clerk Murphy
City
IV. APPROVAL OF MINUTES:
I
It was moved by O'Brien, seconded by Soriano and unanimously
carried by all those present to approve the minutes of the August 9,
1982, regular meeting and the August 18, 1982, special meeting as
written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the Mayor, it was moved by Swartz, seconded
by Burgess and unanimously carried by all those present to meet in
executive session immediately following the close of regular business to
discuss a personnel matter.
Acting City Manager requested the following additions be made
to the regular meeting agenda:
XII. CITY MANAGER REPORTS:
I
A. State forest lands selection
B. Dresser Industries lease with the City
C. CH2M Hill contract for engineering of Lowell
Creek diversion tunnel
D. Change Order No. 4 of the Elling Halvorson
contract for construction of the Marathon Water
Hydro project
E. Century/Quadra contract for engineering of
Phase IV of the Fourth of July Marine
Industrial Center
F. Electric rates
G. Borough detachment
It was moved by Swartz, seconded by Burgess and unanimously carried by
all those present to approve the regular meeting agenda as amended and
the consent calendar as presented and the following action was taken:
805/PUB.SERV.FAC.: 1.
August 5, 1982, Order Designating Carrier for Essential
Air Transportation for Seward was noted for information
and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Representative Darryl Schaefermeyer
gave a verbal report of the August 17, 1982, assembly meeting.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION:
I
A. Chris Sauer, Vice President of Wheelabrator Coal
Services, Inc., outlined the changes in Wheelabrator' s amended lease
agreement with the City, specifically the removal of firm commitments by
either party and certain milestones which had been included in the
original lease. City Attorney explained that Wheelabrator would be
paying rent and taxes on the leased parcel with an option to develop the
property if and when it becomes economically viable to do so. The City
could likewise terminate the lease with Wheelabrator with 60 days'
notice if a "higher or better use" is found for the land.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
24
PAGE 24
REGULAR MEETING - AUGUST 23, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
B. Ordinances for Public Hearing and Enactment:
320 & 350
(LEGAL &
LEG.) :
1. Copies having been made available to
Cripps read by title only a proposed ordinance entitled:
the public,
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, CREATING CHAPTER 13, INITI-
ATIVE, REFERENDUM AND RECALL, OF THE
SEWARD CITY CODE.
Acting City Manager noted that this ordinance had been introduced at the
August 9, meeting at the request of the City Clerk and the City
Attorney in order to bring the City Code into conformance with the
Charter and the State Constitution.
Notice of public hearing as published in the local
newspaper was noted and the public hearing was opened; no one appeared
from the audience in order to be heard and the public hearing was
closed. It was moved by Soriano, seconded by 0' Brien and unanimously
carried by all those present to enact Ordinance No. 510.
C. Resolutions:
350 (LEGAL & LEG.)/
870 (PUB Cripps noted
SERV.FAC.):
1. Copies having been made available to
by title only a proposed resolution entitled:
the public,
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, IN SUP-
PORT OF UTILIZING THE CENTER SPAN
OF THE JUNEAU-DOUGLAS BRIDGE AS A
MEANS OF VEHICULAR ACCESS TO EXIT
GLACIER.
Acting City Manager noted that this resolution was being presented at
the request of the Seward Chamber of Commerce, adding that both the
Kenai Peninsula Borough Assembly and the Chamber of Commerce had passed
similar resolutions in an effort to obtain federal funding for the
purchase of the bridge. Following discussion, it was moved by
Gillespie, seconded by Soriano and unanimously carried by all those
present to adopt Resolution No. 82-61.
350 (LEGAL & LEG)/
570 (MUN. Cripps noted
UTIL.) :
2. Copies having been made available
by title only a resolution entitled:
to the public,
A RESOLUTION OF THE
THE CITY OF SEWARD,
RIZING A LEASE
RESURRECTION BAY
TELEVISION, INC.
CITY COUNCIL OF
ALASKA, AUTHO-
AGREEMENT WITH
ENTERTAINMENT
Acting City Manager noted that the Joint Use of Equipment Lease
(Attachment A of the proposed Resolution) had been negotiated by the
City Attorney at the direction of Council, adding that this resolution
was a housekeeping measure authorizing the administration to finalize
the agreement. It was moved by Soriano, seconded by Burgess and
unanimously carried by all those present to adopt Resolution No. 82-62.
X.
UNFINISHED BUSINESS:
A. August 18, 1982, memorandum from City Clerk relative to
setting a meeting date for a proposed work shop with the administrative
staff of Alaska Vocational Technical Center (AVTEC) was noted. Cripps,
with Council consent, directed the Clerk to schedule a work shop for
7:00 p.m. on Monday, August 30, 1982, in order to discuss with
representatives of AVTEC the proposed dedication of land to AVTEC for
educational purposes.
PAGE 25
REGULAR MEETING - AUGUST 23, 1982
VOLUME 20
X.
UNFINISHED BUSINESS: (Cont'd)
B. Acting City Manager reconnnended that Council authorize
the administration to vacate the easements in Block 1, Jesse Lee Heights
Subdivision, adding that all utilities in that area are underground and
there is no further need for the easements. O'Brien and Burgess
objected, stating that the cost of obtaining the easements if needed in
the future would be exorbitant. Cripps, in the absence of any
objections from the Council, instructed the administration to leave the
easements "as is".
I
XI.
NEW BUSINESS:
None
XII.
CITY MANAGER REPORTS:
400 (MUN.PLNG. A. Acting City Manager noted that the City had until
& DEV.): September 1 to nominate federal forest lands for selection by the State.
He added that the administration was reconnnending that the City not
nominate any land under this process. Swartz and O'Brien objected
saying that the City should go after anything it can get, stating that
once this opportunity to select the land has passed, the City would
never get a second chance to acquire it. Acting City Manager noted that
there was no guarantee that the City would ever be allowed to acquire
any of the land selected since it was all situated outside the corporate
boundaries of the City, adding that, in any case, the only availab le
land was either mountainous or in a flood plain area. Burgess expressed
his concern that the administration had failed to notify Council of the
upcoming selection process in a timely manner. Acting City Manager
responded that the City had received notice of the proposed nominations
and selection only recently. Following further discussion, Cripps, with
Council consent, directed the administration to "go for everything that
is left".
1 RE 020
(DRESSER): B. August 20, 1982, letter from Dresser Industries informing
the City of its intent to cancel its lease of property in the Industrial
Subdivision was noted for Council information.
(SPEC.PROJ.): C. Acting City Manager noted that the administration had, at
the direction of Council, negotiated a contract with CHZM Hill for
engineering services on the Lowell Creek diversion tunnel ln an amount
not to exceed $143,500. He added that $175,000 had been budgeted for
the engineering work. Following discussion, it was moved by 0' Brien,
seconded by Swartz and unanimously carried by all those present to
authorize the administration to enter into a contract with CH2M Hill in
an amount not to exceed $143,500.
(SPEC.PROJ): D. Acting City Manager noted for Council information Change
Order No. 4 of the Elling Halvorson contract for construction of the
Marathon Water Hydro proj ect. He explained that the change order did
not change the dollar amount of the contract; the only change was a
revision of quantities within the body of the c.ontract.
(SPEC.PROJ): E. Acting City Manager noted that the administration had
negotiated a contract with Century/Quadra for engineering services on
Phase IV of the Marine Industrial Center in the amount of $386,560. He
added that Council had approved $450,000 for this contract at an earlier
meeting.
1510
(MUN.UTIL.): F. Acting City Manager noted that the administration was
reconnnending an electric surcharge be imposed to cover the latest
increase granted to Chugach Electric Association (CEA). The increase
would bring the wholesale rate charged the City from .019842~ to
.022162~. City Engineer Small noted that the City had not yet been
advised by CEA of the exact rate to be charged the City; the rate given
was the rate being charged Homer Electric and, traditionally, Seward and
Homer have paid the same wholesale rate for electric power. The
administration reconnnended that the surcharge be initiated as soon as
possible since the rate increase, already in effect, would be billed
retroactively in 2-3 months. In response to a question from Gillespie,
City Engineer explained that the City preferred a surcharge over a rate
r>6..,
~.
PAGE 26
REGULAR MEETING - AUGUST 23, 1982
VOLUME 20
XII.
CITY MANAGER REPORTS:
(Cont'd)
510
(MUN.
UTIL.) :
cont'd.
increase because this would allow the public to see why their rates are
going up. O'Brien stated that he felt the City should inform the Public
Utilities Commission that the rate increase would not be honored until
the City had a contract with CEA. Following further discussion, the
Council instructed the administration to prepare a resolution setting
the electric surcharge for consideration at the September 13, 1982,
meeting.
G. Acting City Manager noted that the City Attorney had
completed most of the paperwork necessary to begin circulating petitions
for the proposed detachment from Kenai Peninsula Borough. The
administration recommended waiting until this winter and spring to
circulate the petitions, thus bringing the issue before the legislature
in 1984. Burgess questioned whether the City should be advocating a
separation from the Borough. City Attorney suggested that the petitions
be circulated in the northern part of the proposed new Borough (Cooper
Landing, Hope and Moose Pass) before addressing the issue in Seward to
see if there was support for this idea in areas other than Seward.
Following further discussion, the Council consensus was to continue the
investigation of the feasibility of a new borough and to support the
administration's recommendation to delay the circulation of the
petitions until a later date.
H. Acting City Manager requested clarification from Council
concerning the grant providing for a seaborne ambulance for the City of
Seward. O'Brien stated that Council had agreed at the August 9, meeting
to instruct the administration to write a letter to the State expressing
the City's desire not to accept the grant, with the understanding that
the City would ask that the grant be rewritten in 1983 to allow the City
to purchase a land based ambulance.
I. Acting City Manager requested Council guidance in
determining a rental amount for the first year of the amended
Wheelabrator lease of property in the Fourth of July Creek Marine
Industrial Center. Following discussion, Cripps, with Council consent,
instructed the City Attorney to negotiate the best possible price he
could obtain.
RECESS:
The meeting was recessed at 9:10 p.m.; reconvened at 9:20 p.m.
XIII.
COUNCIL DISCUSSION:
A. August 11, 1982, minute order from the Seward Advisory
Planning and Zoning Commission and amended Covenants and Restrictions
for the Gateway Subdivision were noted. Gillespie stated that he had
been present at the P&Z meeting at which the proposed covenants had been
reviewed and amended and felt that they would protect the neighborhood
without being too restrictive. Acting City Manager recommended
that Section 5.06 of the Covenants be changed to read that a trailer
could be occupied as a residence on the subject property for no more
than six months, not one year, thus bringing this section into
conformance with the City Code. Following further discussion, Cripps,
with Council consent, instructed the City Attorney to research and
present to Council a better description of "trailer" as it pertains to
the proposed covenants.
B. August 18, 1982, memorandum from City Clerk relative to a
vacancy on the Seward Advisory Planning and Zoning Commission was noted.
O'Brien stated that he had talked to Eldon Johnson about applying for
the vacant seat and suggested that some of the other Councilmembers call
him and encourage him to apply. Cripps stated that he would call
Johnson and talk to him about it.
C. Cripps noted that the State primary election was being
held August 24 and encouraged everyone to vote.
120 (ADM.): Cripps then announced that he was proclaiming September
1-7, 1982, Bowling Week in Seward.
nre'
PAGE 27
REGULAR MEETING - AUGUST 23, 1982
VOLUME 20
XIII.
COUNCIL DISCUSSION: (Cont'd)
D. In response to a question from Soriano relative to the
status of airline service to Seward, Acting City Manager stated that
South Central Airlines had been designated the carrier to provide
essential air transportation to the City. He added that he did not know
if AAI would continue to fly in and out of Seward.
I
E. O'Brien asked the administration to investigate the
possibility of initiating diagonal parking h1J/~//d~//~d//nd~******
Nrf,tI-#.#.ntl-liit,#i,/ tM/ #t#1:/ t/r/:JtnI ft:M/ ~ fTlrfJlfirNcjrjfl Nf/f/i/cffj. Acting
City Manager stated that he would investigate this, adding that he could
foresee no problems.
F. In response to a question from Swartz, Acting City
Manager stated that Administrative Assistant Kerry Martin was in the
process of preparing an inventory of all City owned property, adding
that it should be ready to present to Council at the September 13,
meeting.
G. Cripps spoke briefly about his recent trip to Japan with
the Seward High School Band and Chorus.
H. In response to a question from O'Brien, Kerry Martin
stated that he had not yet initiated a contest to develop a new logo for
the City of Seward because he wanted to avoid the possibility of having
to choose an unacceptable design if the City failed to receive one of
sufficient quality. Following discussion, Council directed Martin to
contact the head of the local Art Guild and set up a logo competition
with instructions to read "...if selected..." to avoid such an
occurrence.
XIV. CITIZENS' DISCUSSION:
I
A. Willard Dunham appeared from the audience and requested
that the yellow "no parking" strip be removed from the curb area outside
the Palace, stating that the area was no longer a taxi zone. Acting
City Manager stated that he would look into this matter.
XV. ADJOURNMENT:
The meeting
recess, the Council
personn;L,~~,:,_,
.<,'.-" ". :~
was adjourned at 9:55 p.m., and after a short
reconvened in executive session to discuss a
(City Seal) " ,j' 'J
--------~:~-------------------------------------------------------
PAGE 27
SPECIAL MEETING - SEPTEMBER 7, 1982
VOLUME 20
1.
CALL TO ORDER:
I
The September 7, 1982, special meeting of the Seward City
Council was called to order at 12:00 noon by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
flag.
Councilmember 0' Brien led the pledge of allegiance to the
******
....on either side of Fourth Avenue just south of Jefferson to accommodate
the increased need for parking spaces since the opening of the new
restaurant across the street from the General Telephone office.
"-'u
./:.0
PAGE 28
SPECIAL MEETING - SEPTEMBER 7, 1982
VOLUME 20
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Meehan, O'Brien and Soriano. (Councilmember
Gillespie arrived just after adjournment and
Swartz was excused)
Present also: City Manager Garzini and City Clerk Murphy
IV. SPECIAL ITEMS:
(SPEC.PROJ.): A. September 3, 1982, memorandum from Assistant City Manager
Schaefermeyer relative to change orders No. 5 & 6 to the Elling
Halvorson, Inc. contract for construction of the Marathon Hydroelectric
project was noted. City Manager stated that the change orders were
necessitated by a "fast-track" approach to construction resulting in an
unforeseen size difference in the turbines to be used. He added that by
acting quickly, the City would save money and recommended approval of
the change orders in a total not-to-exceed figure of $38,965.48. It was
moved by Soriano, seconded by 0' Brien and unanimously carried by all
those present to approve change orders number 5 and 6 to the Marathon
Hydroelectric project to Elling Halvorson, Inc.
560 (MUN. UTIL.): B. September 3, 1982, memorandum from City Engineer Small
relative to the award of the contract for construction of the water main
extension to the State grain elevator was noted. City Manager also
noted for Council that the City had received an excellent bid from a
qualified contractor who was ready to proceed with construction of the
project. He advised Council that the irregularity in the bid documents
noted by Ott Water Engineers was consistent in each of the four low bids
received and recommended that Council award the contract to Elling
Halvorson. It was moved by Soriano, seconded by Meehan and unanimously
carried by all those present to award the contract to Elling Halvorson,
Inc. in an amount not to exceed $113,540 for construction of the Seward
Industrial Water Main Extension to the State grain elevator.
V. CITIZENS' DISCUSSION:
VI. ADJOURNMENT:
~ing
::: ~
tY , ' ;,~
was adjourned at 12:05 p.m.
o~~
Donald W. Cripps
Mayor
(Cf'tISeal)
~.<'t1- ' ' ,
07'~" '. ""
~;,.
PAGE 28
REGULAR MEETING - SEPTEMBER 13, 1982
VOLUME 20
1.
CALL TO ORDER:
The September 13, 1982, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie,
Meehan, O'Brien, Soriano and Swartz (Absent,
with Council consent, was Councilmember
Burgess)
"),( \
PAGE 29
REGULAR MEETING - SEPTEMBER 13, 1982
VOLUME 20
III. ROLL CALL: (Cont'd)
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Assistant City Manager
City Attorney Arvidson and City
IV. APPROVAL OF MINUTES:
At the request of O'Brien, agenda item XIII. E. (COUNCIL
DISCUSSION), Page 27, Volume 20, was amended to read as follows:
I
O'Brien asked the administration to investigate the
possibility of initiating diagonal parking on either side
of Fourth Avenue just south of Jefferson to acconnnodate
the increased need for parking spaces since the opening
of the new restaurant across the street from the General
Telephone Office. Acting City Manager stated that he
would investigate this, adding that he could foresee no
problems.
Following discussion, it was moved by Soriano, seconded by Swartz and
unanimously carried by all those present to approve the August 23, 1982,
regular meeting minutes as amended and the September 7, 1982, special
meeting minutes 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 Meehan and unanimously carried by all those present to hold
an executive session after the regular meeting to discuss a legal
matter.
City Manager requested the following additions to the regular
meeting agenda:
I
VIII.
CITIZENS' DISCUSSION:
B. Dale Clemens - Small Boat Harbor lease
NEW BUSINESS:
C. September 10, 1982, memorandum from City
Engineer relative to additional power line
work
XI.
He also requested that Item No. XI.B (NEW BUSINESS) be deleted from the
agenda. I t was moved by Meehan, seconded by 0' Brien 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:
300 (LEGAL & LEG.):
1.
July 1982 invoice from Hughes, Thorsness, Gantz,
Powell and Brundin for legal services in the amount
of $8,645.77 was approved for payment and filed;
210 (FIN.SERV.):
2.
September 7, 1982,
accounts payable
approved for payment
Finance Department's list of
totalling $3,819,043.69 was
and filed; and
3. August 1, 1982, Grant Lake Hydroelectric proj ect
progress report No. 10 was noted for information and
filed.
I
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Darryl
Schaefermeyer gave a verbal report of the Borough Assembly meeting of
September 8, 1982.
.10
PAGE 30
REGULAR MEETING - SEPTEMBER 13, 1982
VOLUME 20
VII. PUBLIC HEARINGS:
A. Notice of Public Hearing as published in the local
newspaper and posted was noted and the public hearing on a proposed
dedication of approximately 8.4 acres of land located in and around
First Lake to Alaska Vocational Technical Center (AVTEC) was opened; no
one appeared from the audience in order to be heard, and the public
hearing was closed. City Manager noted the September 9, 1982,
memorandum from Assistant City Manager outlining the administration's
findings and recommendations relative to this matter and stated that
representatives of AVTEC had indicated their willingness to accept said
recommendations. Cripps, with Council consent, advised the
administration to proceed with the process for disposal of the subject
property to AVTEC as outlined in the memorandum.
VIII.
CITIZENS' DISCUSSION: (With Prior Notice Only)
A. Rhonda Anderson and Harume Kawabe appeared
audience, shared some of their experiences in Japan as
representatives at HOKKAIDO EXPO 82, and thanked Council for
them the opportunity to travel to Japan and participate in the
from the
Seward's
affording
EXPO.
B. Dale Clemens appeared from the audience and requested
permission from Council to construct an addition to the Fish House,
located at Lot 1, Block I, Marina Subdivision, in order to house a shop
for boat maintenance. There being no objections from Council, City
Attorney was instructed to review Clemens' lease with the City to
determine the legality of proceeding with an addition and to come back
to Council at the next regularly scheduled meeting with a resolution
approving the construction if allowed under the terms of the lease.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies having been made available to the public,
Cripps read by title only a proposed ordinance entitled:
AMENDING CHAPTERS 6 AND 11 OF
THE SEWARD CITY CODE.
Assistant City Manager noted that the purpose of this amendment was to
identify the editions of the Uniform Codes currently adopted and
incorporated as part of the Seward City Code. It was moved by Soriano,
seconded by 0' Brien and unanimously carried by all those present to
introduce proposed Ordinance No. 511, and the public hearing was set
for September 27, 1982.
B. Ordinances for Public Hearing and Enactment:
C. Resolutions:
290 (FIN.SERV.)/
350 (LGL.Cripps read
& LEG.):
1. Copies having been made available to
by title only a proposed resolution entitled:
the public,
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
IN OPPOSITION TO KENAI PENINSULA
BOROUGH ORDINANCE NO. 82-57, EX-
EMPTING HOME ENERGY SOURCES FROM
SALES TAX.
Assistant City Manager noted that KPB Ordinance No. 82-57 had failed
when presented to the Assembly at its September 8 meeting, but would be
reconsidered at its next meeting and would probably pass at that time.
He added that, if approved by the Borough Assembly, the provisions of
this ordinance would result in an estimated $18,000 annual loss in
revenue to the City of Seward. City Attorney asked that the second
WHEREAS clause be amended to change "..., affects..." to ".. .may
affect...". It was moved by Soriano, seconded by Meehan and unanimously
carried by all those present to approve Resolution No. 82-63, as
amended.
r'
"
PAGE 31
REGULAR MEETING - SEPTEMBER 13, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
200 (FIN.SERV.)/
350 (LGL.Cripps read
& LEG.):
2. Copies having been made available to
by title only a proposed resolution entitled:
the public,
I
A RESOLUTION AUTHORIZING SIGNA-
TURES FOR THE CITY BANK ACCOUNT
AND RESCINDING ALL PREVIOUS
RESOLUTIONS IN CONFLICT HEREWITH.
City Manager noted that the Administration was recommending that Data
Processing Accountant Nancy Goodwill's name be added as a signer on the
City's checking account due to the recent illness of Finance Director
Joe Gale. It was moved by Meehan, seconded by Soriano and unanimously
carried by all those present to approve Resolution No. 82-64.
510 (MUN.UTIL.)/
350 (LGL.Cripps read
& LEG.):
3. Copies having been made available to
by title only a proposed resolution entitled:
the public,
A RESOLUTION ESTABLISHING SUR-
CHARGE FOR ELECTRIC RATES.
Assistant City Manager noted that the effect of this resolution would be
to directly pass on to the consumer all future rate increases received
from Chugach Electric Association (CEA). He also requested that the
third WHEREAS clause be amended, changing the new rate being billed by
CEA to ".022983<;:". It was moved by O'Brien, seconded by Swartz and
unanimously carried by all those present to approve Resolution No.
82-65, as amended.
(SPEC. PROJ)/
350 (LGL.Cripps
& LEG.):
I
4. Copies having been made available to
read by title only a proposed resolution entitled:
the public,
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
APPROPRIATING $1,500,000 FROM
THE GENERAL FUND SURPLUS ACCOUNT
TO THE MIP BREAKWATER CELLS, AD-
DITIVE ALTERNATE NO. 1-B ACCOUNT.
City Manager noted that this was another housekeeping item; the contract
for the breakwater cells was awarded to Chris Berg by the Council on May
24, 1982, under Resolution No. 82-32. It was moved by Meehan, seconded
by Soriano and unanimously carried by all those present to approve
Resolution No. 82-66.
X.
UNFINISHED BUSINESS:
I
A. Assistant City Manager noted that the final draft of the
Covenants and Restrictions for the Gateway Subdivision were being
presented to Council for approval. He added that Council had received
the original covenants as presented by Century/Quadra, along with the
recommendations of the Seward Advisory Planning and Zoning Commission,
at its last regular meeting. O'Brien and Meehan expressed concern that
the public had not been afforded an opportunity to comment on the
proposed covenants and restrictions. Gillespie stated that he had
attended P&Z meetings when the covenants were discussed and that the
Commission had accepted comments from the audience. Assistant City
Manager noted that the Planning and Zoning Commission is not required to
hold a public hearing on the covenants and restrictions and had elected
not to do so. Cripps, with Council consent, remanded the covenants back
to the Planning and Zoning Commission for Public Hearing.
440 (P&Z): B. Cripps noted the application of Sandra Wassilie for the
vacancy on the Planning and Zoning Commission as submitted to the City
Clerk and the September 7, 1982, memorandum from the Clerk recommending
that Council appoint Ms. Wassilie to fill the seat vacated by Ben Ikerd.
It was moved by Soriano, seconded by Swartz and unanimously carried by
all those present to appoint Sandra Wassilie to a position on the
Planning and Zoning Commission. Ms. Wassilie I s term will expire in
February, 1984.
--)<"""\
< ,
1,-, ~_
PAGE 32
REGULAR MEETING - SEPTEMBER 13, 1982
VOLUME 20
XI.
NEW BUSINESS:
330 (LEGAL & LEG.) A. September 9, 1982, memorandum from Assistant City Manager
and attached claim for damages as submitted by Percy Blatchford were
noted. The claim arose from a July 5, 1982, incident wherein a portable
sign fell from a City vehicle causing minor damage to a vehicle being
driven by Mr. Blatchford. Meehan expressed his concern that proper
safety precautions were not being taken by the operators of City
vehicles. Following discussion, it was moved by Soriano, seconded by
0' Brien and unanimously carried by all those present to pay Percy
Blatchford $133.90 for damages incurred in the accident of July 5, 1982.
B. Deleted.
510 (MUN. UTIL) : C. September 10, 1982, memorandum from City Engineer
relative to additional power line work was noted. City Manager stated
that the City would save money by approving an addition to the existing
contract with Power Two to relocate the Lowell Canyon line and to
relocate and upgrade the power lines in the harbor area. In response
to a questions from Gillespie, City Engineer noted that the work would
be performed on a "time and materials" basis at a cost not to exceed
$40,530. Following further discussion, it was moved by Swartz, seconded
by Meehan and unanimously carried by all those present to direct the
administration to proceed with the contract addition.
XII.
CITY MANAGER REPORTS:
A. Discussed earlier under agenda item No. VII. A.
B. City Manager distributed a memorandum from Assistant City
Manager relative to sewer service connection fees outlining the reasons
behind the fee and the administration's recommendations for a reduced
inspection fee.
C. City Manager distributed September 13, 1982, memorandum
from City Engineer relative to City Water Well No. 2 which has just
recently been determined to be non-operational. He informed Council
that he had instructed the Engineer to proceed with repair of the well
which constitutes the City's main back-up water supply. He added that
the cost of repair could be as much as $12,000, but would probably be
less.
D. City Manager distributed September 10, 1982, letter from
Century/Quadra relative to the status of the development of Gateway
Subdivision. Administrative Assistant Kerry Martin appeared from the
audience and outlined the proposed time-table for development and sale
of the subdivision.
XIII.
COUNCIL DISCUSSION:
None.
XIV.
CITIZENS' DISCUSSION:
A. H. D. Tomlinson, representing United Oilfield Services,
Inc., appeared from the audience with a proposal to purchase the Jesse
Lee Home. There being no objection from Council, Cripps directed
Tomlinson to submit his written proposal, along with his certified check
in the amount of $5,000, to the Clerk for inclusion as an agenda item
for the next regularly scheduled meeting.
B. Chuck Karges, Ed Hatch and Eldon Johnson appeared from
the audience and expressed their opposition to what they called an
"excessive" sewer service connection fee of $250. The Council directed
the Clerk to schedule this topic for discussion at the next regularly
scheduled meeting.
." ."
PAGE 33
REGULAR MEETING - SEPTEMBER 13, 1982
VOLUME 20
XV. ADJOURNMENT:
The meeting as adjourned at 8:35 p.m., and after a short
recess, the Council reconvened in Executive Session to discuss the
impact of VECO's bankruptcy on the City of Seward.
I
( ~ ~'
- ,1/, / L '
,- C-t-t(JlJ!ic' ~
Donald W. Cripps /'
Mayor
(City
PAGE 33
REGULAR MEETING - SEPTEMBER 27, 1982
VOLUME 20
I.
CALL TO ORDER:
The September 27, 1982, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan, O'Brien, Soriano and Swartz
I
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Assistant City Manager
City Attorney Arvidson and City
IV. APPROVAL OF MINUTES:
It was moved by Soriano, seconded by O'Brien and unanimously
carried to approve the September 13, 1982, regular meeting minutes as
written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
It was moved by Meehan, seconded by Burgess and unanimously
carried to approve the regular meeting agenda and the consent calendar
as presented, and the following actions were taken:
460 (OTS)
1.
September 14, 1982, letter from Kenai Peninsula Borough
planning director relative to the vacation of First
Avenue was noted for information and filed.
510 (ELEC)
2.
September 1,
Hydroelectric
filed.
1982, Progress Report #11, Grant
Project, was noted for information
Lake
and
VI.
I gave a
1982.
VII.
BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough representative Darryl Schaefermeyer
verbal report of the Borough Assembly meeting of September 21,
PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
'~;' i
" "',.:
PAGE 34
REGULAR MEETING - SEPTEMBER 27, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Copies having made available to the public, Cripps
noted by title only a proposed ordinance entitled:
350 (ORD)!
110 (BOARDS & COM):
350 (RES)!
715 (BLDG)
350 (RES)!
740 (POLICE):
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, CREATING A SEWARD ADVISORY
TRADE DEVELOPMENT COMMISSION.
Cripps noted that an amended form of this ordinance had been distributed
to Council, entitled:
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, CREATING AN INTERNATIONAL
TRADE AND INDUSTRY DEVELOPMENT BOARD.
This amendment was the result of requests from members of the community
who expressed a desire to change the name of the board to reflect its
international leanings. Other changes included changing the term of
appointment from 3 years to 5 and the addition of a provision
designating the board as the coordinating body for the Seward-Obihiro
student exchange program. Following discussion, it was moved by
Soriano, seconded by Swartz and unanimously carried to introduce
proposed Ordinance No. 512 as amended on September 27, 1982. The public
hearing was scheduled for the October 11, 1982, regular meeting.
B. Ordinances for Public Hearing and Enactment:
1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance adopting and identifying
the particular editions of the various uniform codes currently
incorporated as a part of the City Code, entitled:
AMENDING CHAPTERS 6 AND 11 OF THE
SEWARD CITY CODE.
Notice of public hearing as published once in the local newspaper and
posted was noted, and the public hearing was opened. Willard Dunham
appeared from the audience and asked if provisions had been made for
residents of Seward to have electrical work done in the absence of a
licensed electrician. City Attorney explained that this issue was not
addressed by this ordinance since the effect of the ordinance was merely
to adopt the most current editions of the various codes and to identify
them by year as required by State law. No one else appeared from the
audience in order to be heard and the public hearing was closed.
Following discussion, it was moved by Meehan,
seconded by Burgess and unanimously carried to adopt Ordinance No. 511.
C. Resolutions:
1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE PURCHASE OF
A POLICE VEHICLE WITHOUT FULL UTIL-
IZATION OF THE BID PROCEDURES SET
FORTH IN SECTION 10-8 OF THE SEWARD
CITY CODE.
City Manager noted the September 15, 1982, memorandum from Assistant
City Manager and attached memorandum from Police Chief Bencardino. He
stated that the City had requested bids from several area dealers,
adding that Hutchings Chevrolet had submitted the low bid of $9028.66.
Upon the recommendation of the City Manager, it was moved by Burgess,
seconded by Swartz and unanimously carried to approve Resolution No.
82-67.
PAGE 35
REGULAR MEETING - SEPTEMBER 27, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
2. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
350 (RES)!
280 (ST.REV.)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AMENDING CITY OF SEWARD RESOLU-
TION NO. 82-57 IDENTIFYING THE
CAPITAL PROJECTS AND AMOUNTS
ALLOCATED TO EACH PROJECT IN AC-
CORDANCE WITH AS 37.05.315.
I
City Manager explained that the purpose of this resolution was to
increase the appropriation to the Lowell Canyon Sewer Line fund in order
to bring the total appropriation in line with the low bid of $48,970
received from Elling Halvorson plus administrative and inspection fees
for a total projected cost $57,580 to complete the project. He directed
Council's attention to September 20 memoranda from Assistant City
Manager and City Engineer, noting that the next item on the agenda,
proposed Resolution No. 82-69, entitled:
350 (RES)!
900 (SPEC PROJ)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AWARDING A CONTRACT FOR JEFFER-
SON STREET SEWER IMPROVEMENTS TO
ELLING HALVORSON, INC.,
could be considered with this resolution. Following discussion, it was
moved by Soriano, seconded by Meehan and unanimously carried to approve
Resolutions No. 82-68 and 82-69.
3. See item No.2 above.
I
4. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
350 (RES)!
900 (SPEC PROJ):
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
AUTHORIZING THE AWARD OF ADDI-
TIONAL ELECTRIC POWER LINE WORK
TO POWER TWO, A JOINT VENTURE
CONSISTING OF POWER CITY CON-
STRUCTION, INC., AND POWER CON-
STRUCTORS, INC., ("POWER TWO")
WITHOUT FULL UTILIZATION OF THE
BID PROCEDURE SET FORTH IN SEC-
TION 10-8 OF THE SEWARD CITY
CODE.
City Manager noted that this was a housekeeping measure, adding that
Council had approved the award of this contract to Power Two at the
September 13, 1982, regular meeting. It was moved by Soriano, seconded
by Meehan and unanimously carried to approve Resolution No. 82-70.
5. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
I
350 (RES)!
280 (ST REV):
A RESOLUTION AMENDING CITY OF
SEWARD RESOLUTION NO. 82-43
IDENTIFYING THE CAPITAL PROJECTS
AND THE AMOUNT ALLOCATED TO EACH
PROJECT IN ACCORDANCE WITH HCS
CSSB 168 (FINANCE) 1981 SESSION.
Assistant City Manager, noting his September 23, 1982, memorandum,
explained that the purpose of this resolution was to reallocate $10,000
,~ r:
PAGE 36
REGULAR MEETING - SEPTEMBER 27, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
from the Greenbelt project to the public restroom project to cover
additional charges billed to the City by the contractor for work
completed. He added that the change order covering this additional work
would be considered under agenda item A under New Business. It was
moved by Burgess, seconded by Gillespie and unanimously carried to
approve Resolution No. 82-71.
6. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
350 (RES)/
150 (LOCAL ORGS):
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA,
SUPPORTING THE EFFORTS OF THE
RESURRECTION BAY HISTORICAL SO-
CIETY AND THE TRAIL BLAZERS CLUB
TO ACQUIRE TOGO FOR DISPLAY IN
SEWARD.
Meehan stated that he was introducing this resolution at the request of
members of the local Historical Society and the Trail Blazers Club. It
was moved by Meehan, seconded by Soriano and unanimously carried to
approve Resolution No. 82-72.
X.
UNFINISHED BUSINESS:
500 (PUB UTIL): A. September 13, 1982 memorandum from Assistant City Manager
and attached minute order relative to sewer service connection fees were
noted. City Manager explained that the original intent of the $250
connection fee was to go towards retirement of the sewer utility debt
service. Since the relatively few new connections made were doing
little to help retire the debt, it was the recommendation of the
administration that the fee be amended to be a wastewater connection
inspection fee and that the charge be lowered to $100 per inspection.
In response to a question from Gillespie concerning the reimbursement of
those individuals who have paid the $250 fee, City Manager stated that
he would research the matter and report back to Council at the next
regularly scheduled meeting. There being no objection from Council,
Cripps instructed the City Manager to prepare a resolution amending the
fee schedule for presentation at the October 11 meeting.
420 (JL HOME): B. September 13, 1982 proposal from United Oilfield Services
relative to the purchase and development of the Jesse Lee Home and
property was noted. Cosby Steen appeared from the audience and outlined
the proposed restoration of the two buildings presently located at the
site and their conversion to multi-family dwellings. City Manager
stated that while the concept of restoration and development of the
property was desirable, he was recommending that the Council reject the
proposal as submitted by United Oilfield Services. He further
recommended that the administration be authorized to have the property
appraised and to solicit two types of bids for the development of the
property--one incorporating the Jesse Lee Home and one without
incorporation of the Home. He noted that before any of this could be
done, it would be necessary to work out the road alignments for the
Gateway Subdivision since the Jesse Lee property would be affected by
the placement of the roadways.
Cripps, with Council consent, rejected the proposal as
submitted by United Oilfield Services and instructed the Clerk to return
the $5,000 check which had been submitted with the proposal as earnest
money. He then instructed the administration to proceed with appraisal
and requests for proposals on the property.
460 (MARINA SUB): C. September 23, 1982 memorandum from Assistant City Manager
relative to a proposal from Dal~Cl~~ for an addition to the Fish
House Shop located at Lot I, Block I, Marina Subdivision was noted.
City Manager stated that this was a follow up to the proposal Clemens
had made at the last meeting. Following discussion, the Clerk was
instructed by Council to send a letter to Cl~~':'expressing Council's
approval of his plans for the addition. "" -~
,"
PAGE 37
REGULAR MEETING - SEPTEMBER 27, 1982
VOLUME 20
RECESS:
The meeting was recessed at 8:26 p.m.; reconvened at 8:35 p.m.
XI.
NEW BUSINESS:
(CON
007)' A. September 14, 1982 memorandum from Engineer Tim Pflum and
September 23, 1982 memorandum from Assistant City Manager relative to
METCO, Inc. Change Order No. 1 in the amount of $5,039.31 were noted.
City Manager noted that the public restrooms had been completed and this
change order would close out the project; he recommended approval. It
was moved by Meehan, seconded by Burgess and unanimously carried to
approve Change Order No. 1 to the METCO contract.
I
B. September 15, 1982 memorandum from City Clerk relative to
the appointment of a voting delegate to the National League of Cities
was noted. O'Brien stated that he did not see the value in sending a
delegate to the national convention. There being no objection from
Council, Cripps informed the Clerk that the City would not be
participating in the up-coming convention.
215 (FIN SERV): C. September 15, 1982 memorandum from Assistant City Manager
relative to a proposed sewer and water utility cost of service study was
noted. City Manager noted that there had been no water rate increase
since 1976, adding that the water and sewer utility has operated in a
deficit position for the past two fiscal years. He recommended that
Council approve the expenditure of approximately $20,000 to retain the
services of a consulting firm to conduct a cost of service study with a
view toward setting an equitable rate structure for water and sewer.
O'Brien objected to spending such a sum, stating that the analysis and
rate increase could be done in-house. Gillespie and Burgess agreed with
the City Manager's position that an outside consultant should conduct
the initial cost/rate study. Following discussion, it was moved by
Gillespie, seconded by Burgess and carried as follows to go along with
the City Manager's recommendation and authorize him to solicit proposals
from firms for a cost of services study:
I
AYES:
NOES:
Burgess, Cripps, Gillespie, Meehan and Swartz
O'Brien and Soriano
XII.
CITY MANAGER REPORTS:
City Manager reported to Council on his meetings in Anchorage
with representatives or the Alaska Power Authority (APA), Chugach
Electric Association (CEA) and the Alaska Railroad (ARR).
City Manager also informed Council that Water Well No. 2 had
been repaired at a cost to the City of only $900.
September 24, 1982 letter from John Conover
relative to the placement of breakwater cells 15 and
Industrial Center construction site, as distributed
noted.
of Century/Quadra
16 at the Marine
to Council, was
City Manager stated that he had invited a delegation from
Fairbanks, including the Mayor, members of the Council and the Chamber
of Commerce, and members of the press, to visit Seward on October 9 and
10 to tour the Fourth of July Creek Marine Industrial Center and to meet
informally with the City administration and Council to discuss use of
the Seward Port for shipping to and from Fairbanks. He asked the
Council to keep that weekend open for meetings and dinner with the
delegation.
I
In response to a question from Meehan, Assistant City Manager
noted that Chris Berg had been awarded the contract for construction of
the grain facility, adding that progress was being made in the City's
construction of the water main to the site.
XIII.
COUNCIL DISCUSSION:
A. Swartz commended those who had worked so hard during
recent heavy rains to clear up problems with the Lowell Creek Tunnel and
the Lowell Point Road.
SB
PAGE 38
REGULAR MEETING - SEPTEMBER 27, 1982
VOLUME 20
XIII.
COUNCIL DISCUSSION: (Cont'd)
B. In response to an inquiry from O'Brien, Assistant City
manager stated that he would be meeting with the Public Works Department
soon to get work underway on the diagonal parking on Fourth Avenue.
O'Brien also suggested that someone look into the problem
of recreational vehicle parking in the downtown area. Chief Bencardino,
appearing from the audience, stated that a citizens group had contacted
him concerning a study they were conducting in the downtown area. He
added that the group was in the process of preparing a proposal for
presentation to Council.
C. In response to a question from Burgess, Assistant City
Manager stated that the project manager from CH2M Hill for engineering
of the proposed rehabilitation of the Lowell Creek Tunnel was to be in
Seward on October 5 to begin the formal on-site work.
Burgess then inquired as to damage to the Marathon Hydro
project during recent flooding. Assistant City Manager stated that
quite a bit of rip rap had been lost, adding that the City had been in
contact with the design engineers and that the rip rap would be replaced
at their cost. He went on to state that the proj ect had been placed
upstream of the dam for disposal of excess water through the tunnel.
E. Cripps added his compliments to the City crews for their
work on Lowell Point Road.
The Mayor, with Council consent, scheduled a work session
with the Seward General Hospital Board for 7:00 p.m., Monday, October 4,
1982, in order to discuss appropriation of monies to the hospital.
Cripps stated that he had received a photo album from Mr.
Takashi Nomura of Obihiro containing a "photo history" of the Band and
Chorus' trip to Japan. He instructed the Clerk to donate the album to
the local library after display in City Hall.
Alaska
Olympics
Cripps noted that he had presented a proclamation to the
State Troopers participating in the run for SOME (Special
Mileage Event) on Saturday, September 25.
XIV.
CITIZENS' DISCUSSION:
A. Willard Dunham appeared from the audience and spoke in
favor of the City making a bid for designation as the site of the State
prison facility. He also questioned why it was now necessary to be
doing sewer line work in Dairy Hill and Lowell Canyon when the City had
just recently completed construction of a new city-wide sewer system and
sewage treatment plant. Assistant City Manager explained that it was
not possible to include these two areas under the grant which had been
obtained for the sewage treatment plant. O'Brien added that the City
was endeavoring to clean up problem areas as money became available.
B. Ivan Darbyshire appeared from the audience and asked
about the status of the proposed Elk's lease. City Attorney explained
that the City was awaiting finalization of the Evarts Grocery Store
lease before formalizing the Elk's lease. (The Evarts lease is to serve
as a model for all future leases.)
XV. ADJOURNMENT:
The meeting was adjourned at 9:30 p.m.
PAGE 39
SPECIAL MEETING - OCTOBER 6, 1982
VOLUME 20
I.
CALL TO ORDER:
The October 6, 1982, special meeting of the Seward City
Council was called to order at 4:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember 0' Brien led the pledge of allegiance to the
flag.
I
III.
ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Meehan, 0' Brien, Soriano and Swartz (Absent,
with Council consent, was Councilmember Swartz)
Councilmember Gillespie arrived at 4:45 p.m.
Present also: City Clerk Murphy and Deputy
Reynolds
City
Clerk
IV. SPECIAL ITEM:
320 (ELECTIONS)/ The City Clerk distributed a tally of the unofficial results
120 (C. of the October 5, 1982, regular municipal election showing the total
Coun.): number of votes cast for each candidate and confirming that 460 votes
had been cast and 448 counted by the election boards; the remaining 12
ballots were questioned ballots to be considered by the Canvass Board.
I
The Clerk distributed a list bearing the names of 36 electors
who had requested absentee ballots. She stated that the ballots of
Malcolm F. Branson, S. Joseph Gale, Tammi L. Lindsey, Sherry C. Mainard,
Stephen K. Rockwood and Donald A. Sutherland had not been returned in
time for the Canvass. Of the remaining 30 persons receiving absentee
ballots, the ballot of Edrie C. Andrews had been returned in time for
the canvass, but did not contain the attestations as required by State
and City law. The Clerk therefore recommended that Andrews' ballot be
rejected and that the remaining 29 ballots be counted. It was moved by
O'Brien, seconded by Meehan and unanimously carried by all those present
to accept the clerk's recommendation to count the 29 absentee ballots
received. The absentee ballots as cast by the following electors were
removed from their outer envelopes, shuffled and laid aside to be
counted with the questioned ballots:
Precinct No. 1
Precinct No. 2
I
BOOHER, Robert D.
CORP IN , Andrew C.
CROFT, Michael D.
JORGENSEN, Damon R.
LANDENBURGER, Eric L.
MATTHEWS, M. A.
OHMER, Jackie
OLLESTAD, Gilbert
PETERSON, Debra L.
**PICKETT, August F.
RICHARDSON, Robert F.
SMALL, Thomas S.
SWIMM, Alice L.
WILFONG, Luella J.
WILFONG, John H., Jr.
BLAIR, Debra A.
CAMPBELL, Douglas A.
HANSON, Franklin S.
KILCUP, Joan M.
LECHNER, Charles E.
LEIRER, Herman E.
MCANERNEY, W. Lee
PAUL, Judy M.
PAUL, Augustus J. III
RIOPEL, Margie M.
VANEK, Frank L.
VANEK, Helen J.
VIRCHOW, Jerry L.
WILFONG, John, Sr.
**
When the outer envelope of the ballot submitted by August Pickett
was opened, it was found that Pickett had failed to seal his ballot
in the plain white envelope provided for that purpose. Therefore,
it was the decision of the Canvass Board to reject the ballot as
cast and the Clerk was directed to place it with the other rejected
ballots to be retained for one year and then destroyed pursuant to
City Code provisions.
PAGE 40
SPECIAL MEETING - OCTOBER 6, 1982
VOLUME 20
IV. SPECIAL ITEM: (Cont'd)
The Clerk distributed a list bearing the names of those
individuals casting questioned ballots on Election Day. She stated
that, of the 12 ballots cast, only four were cast by voters residing in
and properly registered to vote in the City of Seward. Therefore, the
Clerk recommended that the ballots cast by the following voters be
rejected for the reasons listed:
Precinct No. 1
Reason for Rejection
CASTELE, Ann Marie
HOLLAND, Donald E.
No record of registration on file
Registered in Bear Creek Precinct,
No record of change of address
Not registered in time for election
Not registered in time for election
No record of registration on file
Not registered in time for election
LORZ, Gerald S.
LORZ, Pauline
PEASE, Dale F.
YOUNG, Jack R.
Precinct No. 2
HUNT, Patricia
PETANOVITCH, Virginia M.
Resident of Bear Creek Precinct
Change of Address not filed in time
for election.
It was moved by O'Brien, seconded by Soriano and unanimously carried by
all those present to accept the Clerk's recommendation to count the 4
questioned ballots as indicated on the questioned ballot list. The
questioned ballots as cast by the following electors were removed from
their outer envelopes and shuffled with the absentee ballots for
counting by the Canvass Board:
Precinct No. 1
Precinct No. 2
HOLLINGSWORTH, Daryl
HOLLINGSWORTH, Dori
MORGAN, Robert A.
STALLINGS, Michael A.
The 32 approved ballots were removed from their blank white
envelopes by Burgess and read aloud by Cripps with Gillespie and Soriano
observing and O'Brien and Meehan conducting the tally.
The totals of the absentee and questioned ballots counted were
added to the totals of those ballots cast and counted on October 5. The
City Clerk read the results of the combined totals as follows, and it
was moved by Soriano, seconded by O'Brien and unanimously carried by all
those present to accept the totals as read and to declare the results as
final. It was confirmed that John F. Gillespie, Karen A. Swartz and
Geoffrey Wilson had each been elected to a two-year term on the City
Council.
The official results were as follows:
CITY COUNCIL
Two Year Term PRECINCT PRECINCT ABSENTEE/
(Three to be Elected) NO. 1 NO. 2 QUESTIONED TOTALS
Margaret A. Branson 114 42 16 172
JOHN F. GILLESPIE 190 82 17 289
Charles H. Soriano 105 55 11 171
KAREN A. SWARTZ 149 54 17 220
Raya Williams 114 80 13 207
GEOFFREY WILSON 154 104 13 271
John Brockman 1 0 0 1
Betty Casey 1 0 0 1
Dale Clemens 1 0 0 1
David Hilton 1 0 0 1
Mary Lewis 0 1 0 1
Tom Reese 1 0 0 1
Gene Skinner 0 0 1 1
Patricia Williams 1 0 0 1
TOTAL VOTES CAST 306 154 42 502
TOTAL VOTES COUNTED 298 150 32 480
,~ 1
PAGE 41
SPECIAL MEETING - OCTOBER 6, 1982
VOLUME 20
V.
ADJOURNMENT:
The meeting was adjourned at 4:54 p.m.
I
QAJa.
Donald W. Cripps
Mayor
-------------------------------------------------------
REGULAR MEETING - OCTOBER 11, 1982
VOLUME 20
I.
CALL TO ORDER:
The October II, 1982, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
Ill. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan and 0' Brien (Councilmember
Swartz was absent with Council consent)
I
Present also: City Manager Garzini, Assistant City Manager
Schaefermeyer, City Attorney Arvidson and City
Clerk Murphy
IV.
APPROVAL OF MINUTES:
It was moved by Meehan, seconded by Burgess and unanimously
carried by all those present to approve the September 27 and October 6
minutes as written.
SPECIAL ITEM:
120 (C.COUNCIL): Incumbent Councilmember Gillespie and newly-elected
Councilmember Geoffrey Wilson were sworn in by the City Clerk. Wilson
assumed the seat vacated by Soriano and thereafter participated in the
meeting. Councilmember Swartz, who was absent, was slated to be sworn
in at the October 25 meeting.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
In response to a request from the City Manager, it was moved
by Gillespie, seconded by Meehan and unanimously carried by all those
present to schedule an executive session after the close of the regular
meeting to discuss matters involving possible litigation.
City Manager requested the following addition to the regular
meeting agenda:
I
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
1. Proposed Ordinance No. 513, amending
Section 5-57 of the City Coded by deleting
preference shown to Seward residents for
berthing privileges in the Small Boat
Harbor.
42
PAGE 42
REGULAR MEETING - OCTOBER 11, 1982
VOLUME 20
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd)
Gillespie requested the addition of the following to the
regular meeting agenda:
XIII.
COUNCIL DISCUSSION:
A. Railroad extension to the Fourth of July
Marine Industrial Center
It was moved by Wilson, seconded by Burgess 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:
885 (ARR):
1.
September 30, 1982, letter from U. S. Department of the
Interior relative to the designation of the Alaska
Railroad as a National Historic Landmark was noted for
information and filed.
210 (BUDGET):
2.
October 5,1982, Finance Department's list of accounts
payable totalling $2,902,301.32 was approved for payment
and filed.
460 (SUB);
3.
September 28, 1982, letter from State
Department of Natural Resources relative to
of conditions on Lot 2, Tract B, USS Nos.
was noted for information and filed.
of Alaska
the release
149 and 242,
870 (PARKS & REC): 4.
September
relative
noted for
29, 1982, memorandum from Senator Vic Fischer
to Prince William Sound recreation area was
information and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Representative Darryl Schaefermeyer
noted that there had been no Assembly meeting since his last report. He
went on to state that his last meeting as a borough representative would
be October 12 when newly-elected Representative Raymond A. Gillespie is
to be sworn in. Cripps thanked Schaefermeyer for his past reports.
City Clerk informed Council that Gillespie would begin making the
Assembly report at the Council's first meeting in November.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
150 (C OF C): A. Dale Lindsey, Chairman of the Board for the Seward
Chamber of Commerce, appeared from the audience and presented the
Chamber's request for matching funds from the City for the purpose of
expanding the Chamber's functions to include the promotion of commerce
and industry within the City. He stated that the Chamber had hired
David Cich to fill the newly-formed position of executive director to
oversee the operation of the Chamber. Lindsey explained that he was
asking for approximately $55,000 from the City this year less the $8,000
already budgeted as the City's contribution to their annual advertising
campaign. In response to a question from Gillespie, City Manager stated
that he was in favor of "beefing up" the Chamber of Commerce, adding
that with a paid staff, the Chamber could relieve the City staff of many
duties that should rest with the private sector, such as entertaining
visiting dignitaries and in-state promotion.
Gillespie, Meehan and Burgess agreed that the concept of
the City funding an expansion of the Chamber of Commerce was a good one,
but expressed concern as to the source of this funding. City Manager
stated that he was in favor of setting up a grant agreement with the
Chamber, appropriating money to them as they verified that matching
funds had been raised and that a need for the money existed. He went on
to state that he would check out a source for the funding.
1 ')
L_ . 1
PAGE 43
REGULAR MEETING - OCTOBER ii, 1982
VOLUME 20
VIII.
CITIZENS' DISCUSSION: (Cont' d)
150 (C OF C) Cont'd: O'Brien went on record as opposed to the proposal,
stating that the City should be in the business of providing basic
services, not funding volunteer organizations. Cripps also objected on
the grounds that the City would be voting later in the meeting on the
formation of a trade commission, adding that the Chamber's expanded
program appeared to be a duplication of services. Lindsey assured
Council that the Chamber would be supportive of the Commission and
stated that the two could work together. Gillespie added that the
Commission would be composed of a purely volunteer staff with a much
narrower scope than the Chamber.
1
Cripps opened the floor to discussion. Shirley Reynolds,
Ray Hugli and Willard Dunham, all appearing from the audience, spoke in
favor of the proposed funding.
Following further discussion, it was moved by Gillespie,
seconded by Meehan and carried as follows to fund the Chamber's concept
along the lines they have proposed leaving the distribution of funds to
the negotiating efforts of the City Manager:
AYES:
NOES:
BURGESS, CRIPPS, GILLESPIE, MEEHAN AND WILSON
O'BRIEN
890
(AVTEC): B. Jody Woodruff, Rita Selden, Christy Moeller and Ruth
McHenry, representing a Citizens' group opposed to the Alaska Vocational
Technical Center's (AVTEC) proposed expansion into the First Lake Park
area, presented Council with the results of the public opinion poll
which was conducted during the City's regular election of October 5.
Selden reported that 78% of those casting ballots were in favor of
exploring other areas for AVTEC' s expansion. She asked that Council
conduct a work session with the AVTEC administration and concerned
citizens to consider alternate sites.
1890
**XII.
CITY MANAGER REPORTS:
(AVTEC): A. 0' Brien suggested that this agenda item, relative to
AVTEC's lease agreement, be taken out of order. City Manager stated
that City Attorney had completed the draft of the proposed lease
agreement and that said draft would be presented to AVTEC October 12.
If the AVTEC staff approved the draft, the proposed lease agreement
would come back to Council for public hearing and approval. Following
further discussion, O'Brien requested that a work session be scheduled
to further consider alternate sites. Cripps, with Council consent,
directed the Clerk to schedule the session for 6:30 p.m., Monday,
October 25, 1982.
RECESS:
The meeting was recessed at 8:36 p.m.; reconvened at 8:45 p.m.
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
350 & 840:
1. Copies having been made available to the public,
Cripps read by title only a proposed ordinance deleting the preferential
berthing privileges of Seward residents in the Small Boat Harbor,
entitled:
I
AN ORDINANCE OF THE CITY OF
ALASKA, AMENDING SECTION
THE SEWARD CITY CODE.
SEWARD,
5-57 OF
City Attorney explained that this ordinance had been drafted in response
to a demand from the State Attorney General's office that Seward
eliminate preferential berthing privileges from the City Code or face
legal proceedings aimed at forcing the City to comply; he recommended
introduction and, later, enactment of the ordinance. It was moved by
Gillespie, seconded by 0' Brien and unanimously carried by all those
present to introduce proposed Ordinance No. 513.
**TAKEN OUT OF ORDER.
44
PAGE 44
REGULAR MEETING - OCTOBER 11, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
B. Ordinances for Public Hearing and Enactment:
350 & 900: 1. Copies having been made available to the public,
Cripps read by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, CREATING AN INTERNATIONAL
TRADE AND INDUSTRY DEVELOPMENT AD-
VISORY BOARD.
Notice of public hearing as published in the local newspaper and posted
was noted and the public hearing was opened. In response to questions
from Willard Dunham, City Manager explained that a "sunset clause" had
been inserted in the ordinance allowing annual review by the Council and
termination of the board if it could not justify its existence. Dunham
then inquired about the selection and appointment process, and Cripps
explained that he had 5 people in mind to fill the 5 seats, adding that
Council would have to approve his selections. John Lohse, appearing
from the audience, suggested that the Chamber be provided a seat on the
board to avoid duplication of efforts by the two groups. Cripps stated
that 2 of his nominees were members of the Chamber Board; Gillespie
added that the executive director of the Chamber would also work closely
with the Advisory Board. No one else appeared from the audience in
order to be heard, and the public hearing was closed. Following further
discussion by Council, it was moved by O'Brien, seconded by Burgess and
unanimously carried by all those present to enact Ordinance No. 512.
C. Resolutions:
280 & 350: 1. Copies having been made available to the public,
Cripps read by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY OF SEWARD,
ALASKA, REQUESTING MUNICIPAL ASSIS-
TANCE FUNDING FROM THE STATE OF AK.
City Manager noted that this resolution was
order to receive municipal assistance funding.
seconded by Meehan and unanimously carried
approve Resolution No. 82-73.
required by State law in
It was moved by Burgess,
by all those present to
350 & 540: 2. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION AMENDING THE RATES FOR
SEWER SERVICE.
October 6, 1982, memorandum from Assistant City Manager was noted. City
Manager explained that this resolution was being presented at the
request of Council, adding that the effect would be to change the sewer
connection fee to the sewer connection inspection fee, lowering the fee
itself from $250 to $100. He added that the City would be refunding a
total of $600 to those residents who had paid the higher fee. Following
discussion, it was moved by Gillespie, seconded by Burgess and
unanimously carried by all those present to approve Resolution No. 82-74
and to refund to interim payees overpayments totalling $600.
350 & 460: 3. Copies having been made available to the public,
Cripps noted by title only the following two resolutions:
A RESOLUTION OF THE CITY OF SEWARD,
ALASKA, APPROPRIATING FUNDS FROM
THE GENERAL FUND SURPLUS ACCOUNT TO
THE GATEWAY SUBDIVISION SPECIAL
PROJECT ACCOUNT; and
A RESOLUTION OF THE CITY OF SEWARD,
ALASKA, AWARDING A CONTRACT FOR
RIGHT OF WAY CLEARING IN GATEWAY
SUBDIVISION, TO METCO, INC.
" =-
PAGE 45
REGULAR MEETING - OCTOBER 11, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
I
C. Resolutions: (Cont'd)
350 & 460: (cont'd)
October 6, 1982, memorandum from Administrative Assistant Kerry Martin
was noted. City Manager recommended approval of the two resolutions and
requested a motion approving a change order to the Century/Quadra
contract in the amount of $11,500 for preparation of the bid documents
for the right of way clearing. In response to a question from
Gillespie, City Manager stated that these funds would be recovered
either through the sale of the land or a bond sale. Burgess questioned
spending $11,500 for preparation of bid documents for a contract
totalling $33,000. City Manager replied that he had contacted Howard
Holtan of C/Q who had agreed to recheck the figures; he predicted that
the final bill would be less than the $11,500 estimated. Following
further discussion, it was moved by Gillespie, seconded by Wilson and
carried as follows to approve Resolution No. 82-75 and Resolution No.
82-76 and in addition to approve a change order to the Century/Quadra
contract for Phase II engineering in the amount of $11,500:
AYES:
NOES:
ABSTAIN:
Cripps, Gillespie, Meehan, O'Brien and Wilson
None
Burgess**
**Burgess abstained due to the fact that he will be working for Metco,
Inc. on the Gateway right of way clearing.
X.
UNFINISHED BUSINESS:
415: A. September 27, 1982, memorandum from Administrative
Assistant Martin relative to the City of Seward land inventory was
noted. Martin gave a brief description of the contents of the inventory
and explained the color-coded map on display in Council Chambers.
IS50:
XI. NEW BUSINESS:
A. Meehan nominated O'Brien to represent the Council on the
Seward General Hospital Board. Cripps noted that Swartz had expressed
an interest on serving on the Board. It was moved by Gillespie,
seconded by Wilson and unanimously carried by all those present to close
the nominations, and O'Brien was named as Council's representative.
XII. CITY MANAGER REPORTS:
A. Taken out of order. (See Page 43.)
RE 025:
B. City Manager noted that VECO had been notified
Ci ty has completed the necessary infra-structure for VECO
construction. He added that VECO has 6 months in which
construction and that they must spend at least $1,000,000 in
in order to avoid a default situation.
that the
to begin
to begin
two years
XIII.
COUNCIL DISCUSSION:
I
A. Gillespie stated that the City must move ahead with
construction of a railroad extension to the Marine Industrial Center
immediately if the City hopes to pursue a trade relationship with
Fairbanks and other interior cities. Burgess expressed agreement. City
Manager noted the importance of closely monitoring the status of the
proposed transfer of the railroad to the State. He added that as soon
as money was available, the administration would start the permitting
process for the railroad extension.
B. In response to a question from O'Brien, City Manager
stated that the administration had not yet looked into the possibility
of having the new State prison facility located in Seward. O'Brien also
inquired about the status of diagonal parking on Fourth Avenue and was
told that the Public Works department had ordered the paint and would be
starting on that project as soon as the paint arrived.
46
PAGE 46
REGULAR MEETING - OCTOBER 11, 1982
VOLUME 20
XIII.
COUNCIL DISCUSSION: (Cont'd)
placement
from the
report on
C. Meehan asked the
of a street light at the
Far North Communications
this at the next meeting.
administration to look into the
corner of Resurrection Blvd. across
building. City Manager agreed to
D. Burgess complimented the City Manager on the fine job he
has done in getting the Seward story out, noting the apparent success of
the meetings with the delegation from Fairbanks the previous weekend.
XIV. CITIZENS' DISCUSSION:
A. Willard Dunham appeared from the audience and thanked the
City for allowing the Chamber to participate in the weekend festivities
with the Fairbanks delegation. He also reported that the Seward Litter
Prevention program was in the finals for the State-wide award this year.
XV. ADJOURNMENT:
The meeting was adjourned at 9:40 p.m.; and, after a short
recess, Council reconvened in executive session to discuss a matter
involving possible litigation.
c
-;::";;.~p~
Mayor
------------------------------------------------------------------------
PAGE 46
REGULAR MEETING - OCTOBER 25, 1982
VOLUME 20
1.
CALL TO ORDER:
The October 25, 1982, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember 0' Brien led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were:
Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan, O'Brien, Swartz, and
Wilson
Present also:
City Manager Garzini, Assistant City
Manager Schaefermeyer, City Attorney
Arvidson and Deputy City Clerk Reynolds
SPECIAL ITEM:
Incumbent Councilmember Swartz was sworn in by the Deputy City
Clerk.
IV. APPROVAL OF MINUTES:
It was moved by Burgess, seconded by Meehan and unanimously
carried by all those present to approve the October 8, 1982 minutes as
written.
I
I
350 & 840
I
350 & 870
PAGE 4'1
REGULAR MEETING - OCTOBER 25, 1982
VOLUME 20
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
It was moved by Swartz, seconded by Wilson and unanimously
carried by all those present to approve the regular meeting agenda.
VI. BOROUGH ASSEMBLY REPORT:
Newly elected Assemblymember Ray Gillespie told the Clerk's
Office that he will be attending future Council meetings and reporting
on the Borough meetings. Former KPB member Schaeferrneyer noted that he
attended his last meeting on October 12 and the major concern that he
had was with the census taken in Seward by the Borough. The census
report showed that Seward was decreasing in population. This report
could have a drastic effect on future revenue sharing and other monies
received based on census figures. City Manager Garzini stated that the
increase in electrical users and the low vacancy rate in the community,
should have shown an increase in population instead of a decline.
Schaefermeyer said Assemblymember Gillespie would be bringing up for
discussion the accountablity of the census at the next Borough Assembly
meeting.
VII. PUBLIC HEARING:
NONE
VIII.
CITIZEN'S DISCUSSION: (with prior notice only)
A. Paul Foutz of Price Waterhouse, appeared from the audience
and reviewed the annual audit report, copies of which had been supplied
to Council. He reported the City of Seward had built up an outstanding
financial base and the accounts were all under good control. Foutz
suggested to the Council that a long-term capital budget should be
adopted and integrated into the annual operating budget. City Manager
Garzini stated that he was in agreement with Foutz. Garzini suggested,
that with the increased number of projects, the capital projects should
be budgeted separately and have a life span of approximately three
years.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
1. Copies having been made available to the public,
Cripps read by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, AMENDING SECTION 5-57 OF THE
SEWARD CITY CODE
Notice of public hearing as published in the local newspaper and posted
was noted and the public hearing was opened. No one appeared from the
audience and the public hearing was closed. Following further discussion
by Council, it was moved by O'Brien, seconded by Burgess and unanimously
carried by all present to enact Ordinance No. 513.
C. Resolutions:
1. Copies having been made available to the public,
Cripps read by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER
TO ISSUE A PURCHASE ORDER TO METCO, INC. FOR
LABOR AND MATERIALS TO COMPLETE GRADING AND
SURFACING OF ONE SOFTBALL FIELD WITHOUT FULL
UTILIZATION OF THE BID PROCEDURE SET FORTH IN
SECTION 10-8 OF THE SEWARD CITY CODE.
48
PAGE 48
REGULAR MEETING - OCTOBER 25, 1982
VOLUME 20
IX
ORDINANCES AND RESOLUTIONS:
(Cont'd)
C. Resolutions (Cont'd)
350/ 870
October 15, 1982, memoradum from Special proj ects Engineer Pflum was
noted. City Manager explained that this purchase order would enable
Metco, Inc. to continue their work on the softball field and have it
ready for the 1983 season. Following further discussion it was moved by
Gillespie, seconded by Wilson and unanimously carried by all those
present to approve Resolution No. 82-77.
2. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION AWARDING A CONTRACT FOR
PROFESSIONAL SERVICES TO PERFORM THE
DESIGN AND ENGINEERING OF THE DAIRY
HILL WATER AND SEWER PROJECT
350/500
October 21, 1982, memorandum from Assistant City Manager was noted.
City Manager Garzini explained that they had received fourteen
proposals, from interested firms. These proposals were evaluated by
himself, ACM Schaefermeyer and City Engineer Tom Small individually
and they unanimously selected the firm of Wright-Forssen Associates.
Mayor Cripps, questioned as to the reason the Council did not receive
the proposals as had been done in the past. Garzini stated that he had
wanted to try this new system but if Council wished him to return to the
former way of selecting the firm he would be willing to do as Council
directed. Following further discussion by the Council it was decided
that from now on all proposals would be available in the Clerk's Office
so that the Councilmembers, if they elected to do so, could go over the
proposals, before any action would be taken. O'Brien ask to abstain
from the vote on the resolution due to the fact that he owned property
in the Dairy Hill area. Attorney Arvidson after discussion with Council
gave his opinion, that O'Brien would not be in conflict by voting on the
resolution. Arvidsen also stated that if any of the Councilmembers were
unsure about a conflict when voting he would be pleased to discuss it
with them before the issue came up for a vote. It was then moved by
Swartz, seconded by Meehan and carried unanimously by all those present
to approve Resolution No. 82-78.
Recess: The meeting was recessed at 8:30 p. m.; reconvened at 8:40 p.m.
X.
UNFINISHED BUSINESS:
460
Gateway
A. October 15, 1982, Minute Order from the Seward Planning
and Zoning Advisory Commission was noted. City Manager Garzini explained
that the Covenants and Restrictions for Gateway Subdivision had been
returned to the Council as they were written. After discussion by the
Council the following items in the Covenants and Restrictions were
changed: Section 5.05 Temporary Structures--delete six months, change
to 90 days; 4.06 Signs delete-and replaced with Zoning Code; 3.02 add,
with the except of Home Occupation. Mayor Cripps with Council consent
requested Attorney Arvidson make these changes and have a proposed
resolution ready for the next Council meeting in order to adopt the
Covenants and Restrictions (Single Family Development) for the Gateway
Subdivision.
XI. NEW BUSINESS:
A. Appointment of Vice-Mayor: O'Brien nominated Gillespie as
Vice-Mayor. Following discussion it was moved by Meehan, seconded by
Swartz and carried unanimously by all present to close the nominations,
and Gillespie was named Vice-Mayor.
! 1"\
PAGE 49
REGULAR MEETING - OCTOBER 25, 1982 VOLUME 20
XI.
NEW BUSINESS:
(Cont'd)
910
B. Appointment of International Trade and Industry
Development Advisory Board. After discussion Mayor Cripps recommended
that the terms of the board be staggered as such: 2 serve five years; 2
serve three years and 1 serve a one year term, the board would determine
among themselves, who would serve which terms. Cripps then nominated
the following citizens to serve on the board: Albert Kawabe, Jack Werner,
Brent Whitmore, Dale Lindsey, Bob Richardson, Willard Dunham and
Margaret Branson. The citizen's names were placed on ballots and the
Council voted. The results of the first ballot recommended; Kawabe,
Werner, Lindsey and Richardson, with a tie between Dunham and Whitmore.
On the second ballot Dunham won the recommendation. It was then moved
by Meehan, seconded by Swartz and unanimously carried by all present
to appoint Kawabe, Werner, Lindsey, Richardson and Dunham to the
Advisory Board.
I
840
C. October 19, 1982, memorandum from Special Projects
Engineer Pflum was noted. City Manager Garzini explained that the
additional work was necessary to make the Lift Station installed under
the contract compatible with the discharge system on the Cape Jellison.
Following further discussion by Council, it was moved by Gillespie,
seconded by Burgess and unanimously carried by all present to approve a
change order to the U.S. Coast Guard Lift Station.
D. October 15, 1982, memorandum from Brian Forbes and
memorandum from Assistant City Manager Schaefermeyer were noted. City
Manager Garzini recommended approval of the contract quantity
Special Projects adjustments in the form of a Change Order for additional dredging and
4th of July the emergency repairs to the north diversion levee. Assistant City
Creek Manager further stated that it is the intention of the City to recover
the cost of the emergency repairs from the design engineer. The
I increased quantity adjustments are figures that both Chris Berg, Inc.
and the City agreed upon. After further discussion by Council, it was
moved by Gillespie, seconded by Burgess and carried unanimously to
approve the change order to the Chris Berg, Inc. contract for Phase III
in the amount of $799,938.40.
XII.
CITY MANAGER REPORTS:
A. City Manager Garzini reported on his trip to Seattle with
Mayor Cripps regarding the land held by Mr. Snellman in the Gateway
Subdivision. He stated that they were successful in negotiating a land
swap with him. Snellman also agreed to an easement on his property for
construction of a road which would provide an alternate access road.
I
B. October, 1982, as requested by Garzini an analysis of
Voltage Drop and Energy Losses was prepared for the City of Seward by
Dwane Legg Associates. It was determined that the existing transmission
line could became a serious problem in the future. Garzini recommended
that Council set this as their highest priority within the next year or
two. He further stated that right now we are paying for power we are not
receiving because of our inability to transport power to Seward. The
Administration reported this to the Alaska Power Authority and they saw
fit to include in their coming year budget $14,000,000.00 (fourteen
million) for a transmission line to serve between Seward and Cooper
Landing. Garzini stated that the question of payback was not raised,
although we should use our lobbyist to try and get the lowest interest
rate possible and seek grant monies for a portion of the payback.
Garzini further stated that this transmission when completed would meet
our needs for years and years to come.
C. Garzini reported that he had received a newspaper, which
included a very nice article, with pictures on the visit by the Fairbanks
delegation.
D. Garzini noted that a letter had been sent to the Director
of Adult Corrections, Mr. Hatrak, stating that Seward would be
interested in the State taking a look at us as a potential prison site.
"";.)
)\.
PAGE 50
REGULAR MEETING - OCTOBER 25, 1982
VOLUME 20
XII.
CITY MANAGER REPORTS:
(Cont'd)
E. City Manager stated that the adminstration is
recommending to Council a new seating arrangement in the Council
Chambers, included would be; a designated area in which anyone wanting
to address Council, after being recognized, would then come forward and
be seated; the City Clerk would sit beside the Mayor and the recording
equipment placed behind Council. If Council concurs with the changes,
the administration would also like to recommend a better communication
system.
XIII.
COUNCIL DISCUSSION:
A. After Council discussion it was moved by Burgess, seconded
by Meehan and passed unanimously, to reschedule the regular meeting date
from November 8, 1982, to November 15, 1982 due to the conflicting dates
of the Alaska Municipal League Conference, which Council and the
Adminstrative Staff will be attending.
B. Wilson commented on the timber harvest and wondered why
the City hadn't requested part of the harvest, which might have enabled
the sawmill to reopen. Following discussion, Wilson informed Council
that the deadline for acquiring any of the harvest had already passed.
XIV. CITIZENS' DISCUSSION:
Louis Dupree representing the Seward Yacht Club, appeared from
the audience and requested that the waiting list for preferred berthing
at the Small Boat Harbor be posted. Garzini stated the harbor has been
working on this waiting list and it is now posted or will be in the near
future.
XV. ADJOURNMENT:
The meeting was adjourned at 9:25 p.m.
o~~.
Donald W. Cripps
Mayor
;
\City Seal)
PAGE 50
REGULAR MEETING - NOVEMBER 15, 1982
VOLUME 20
I.
CALL TO ORDER:
The November 15, 1982, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
I
I
I
'. ,
PAGE 51
REGULAR MEETING - NOVEMBER 15, 1982
VOLUME 20
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan, Swartz and Wilson (Absent,
with Council consent, was Councilmember
0' Brien)
Present also: City Manager Garzini, City Attorney Arvidson,
Kenai Peninsula Planning Director Best and City
Clerk Murphy
IV.
APPROVAL OF MINUTES:
carried
meeting
It was moved by Meehan, seconded by Swartz and unanimously
by all those present to approve the October 25, 1982 regular
minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager noted that the seating arrangement in Council
Chambers had been altered, placing the Clerk directly next to the Mayor
on the podium. This was done, he explained, in an effort to improve the
written record of official meetings and as an aid to the Mayor in
conducting the meetings. In addition, members of the audience wishing
to address Council would now be asked to seat themselves at the
centrally located table, identify themselves for the record, and present
their messages from this location. This too will enhance the quality of
the record and will assure that the citizen speaking has the undivided
attention of the Council. City Manager added that the administration
would be requesting proposals for the purchase and installation of a new
amplification/recording system for chambers.
City Manager asked that Item IX C 2 (a proposed resolution
amending Resolution No. 82-71) and Item ~ (a contract for the
placement of rip-rap at the Marathon Water Hydro project) be deleted
from the regular meeting agenda. He also asked for the addition of an
Item A under City Manager Reports entitled "new marketing brochure". He
noted that a memorandum covering this agenda item could be found in the
back of the packets distributed to Council. It was moved by Gillespie,
seconded by Wilson 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:
210 (FIN.SERV.):
November 3, 1982, Finance Department's list of accounts
payable totalling $16,264,070.15 was approved for payment
and filed;
1.
2. October 14, 1982, letter from Alaska Power Authority
relating to the Grant Lake Hydro-Electric project was
noted for information and filed;
180 (ST.LIC.):
3.
November 4, 1982, letter from the State Alcoholic
Beverage Control Board (ABCB) noticing of application for
renewal of liquor license as filed by B.P.O. Elks Lodge
#1773 was filed without objection;
180 (ST.LIC.):
4.
October 20, 1982, letter from the State ABCB noticing of
application for transfer of license from Yukon Liquor
Store to Werner Investments was filed without objection;
180 (ST.LIC.):
5.
November 9, 1982, letter from the State ABCB noticing of
application for renewal of liquor license as filed by the
Mini Mall was filed without objection;
6. November 4, 1982, memorandum from Administrative
Assistant Martin relative to statewide port development
and marine commerce plan was noted for information and
filed; and
300 (LEGAL):
7.
October 5, 1982, invoice from HTGP&B
$10,317.66, for legal services rendered in
1982, was approved for payment and filed.
totalling
September,
r") 1").
, '-'
PAGE 52
REGULAR MEETING - NOVEMBER 15, 1982
VOLUME 20
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Raymond A.
Gillespie gave a verbal report of the KPB Assembly meeting of October
26, 1982.
VII. PUBLIC HEARINGS:
460 (OTS): A. Notice of public hearing on the proposed acquisition of
the North one-half of Lot 32, Block 25, Original Townsite of Seward (Tax
Parcel No. 148-070-1800) through tax foreclosure, as published in the
local newspaper, was noted. Cripps voiced his decision to abstain from
discussion and voting on the issue, explaining that he owns property
adjacent to the subject parcel. City Manager noted that the lot in
question was too small to be of value to anyone other than an adjacent
property owner and recommended that the Council instruct the
administration to write to the owners of the lots on either side of the
subject property, giving each of them an opportunity to acquire the lot.
If both parties express an interest in obtaining the lot, a decision
could be made by the toss of a coin.
Public hearing was opened by Cripps; no one appeared from the
audience in order to be heard and the public hearing was closed.
Cripps, with Council consent, instructed the administration to proceed
with the City Manager's recommendation.
460 (OTS): B. Notice of public hearing on the appeal of the decision of
the Seward Advisory Planning and Zoning Commission to grant a
conditional use permit to North Pacific Rim Housing Authority (NPRHA)
for the construction of 24-units of multi-residential housing on Lots
28-40, Block 12, OTS, as filed by Donald and Pamela Oldow, such notice
having been published in the local newspaper and posted as required by
law, was noted.
Gillespie asked permission to step down from the podium
and join the audience in order that he might participate in the public
hearing as a representative of NPRHA. He noted his direct financial
interest in the project and added that he would abstain from all Council
debate and any vote taken on this agenda item. There being no objection
from Council, Gillespie left the podium and took a seat in the audience
for the remainder of the public hearing.
Burgess declared his conflict, explaining that he too had
a direct financial interest in the project as surveyor for the project.
He added that he would refrain from any discussion and/or vote relative
to the proj ect.
Swartz explained that while she was employed by North
Pacific Rim Social Services, she was in no way connected the the Housing
Authority. She added that she had previously discussed this matter with
the City Attorney and had been advised that, since these two divisions
of the native corporation were two distinct entities and since she had
no direct or indirect financial interest in the proj ect, there was no
legal requirement that she abstain from voting on the issue. She asked
if Council would, therefore, object if she voted on matters relative to
the project. Wilson and Meehan both expressed their concerns about the
"appearance of impropriety" but stated that the decision would have to
be made by Swartz. In response to a request for clarification from
Swartz, City Attorney explained that while she was in no danger of
violating the City Code or the City Charter, the question of the
appearance of conflict was another area of case law that should be
considered. He added that ultimately the decision would have to be made
by Swartz. Swartz stated that since she felt there was no conflict, she
would exercise her right to vote on the issue at hand.
The public hearing was opened.
Pamela Oldow, appellant, 315 Second Avenue, appeared from
the audience in opposition to the proposed housing project. She stated
that she would also like to discuss the legality of the application
-n
PAGE 53
REGULAR MEETING - NOVEMBER 15, 1982
VOLUME 20
VII. PUBLIC HEARINGS: (Cont'd)
460 (cont):for rezoning of L28, B12, OTS, explaining that a majority of the
residents and owners of property surrounding the subj ect property had
not signed a petition requesting the rezone as required by law. City
Attorney noted that the rezoning of L 28 would be considered by the
Borough Assembly at their meeting of December 7. He added that the
appeal before Council addressed only the granting of a conditional use
permit; therefore, Council was permitted to act only on this issue.
Oldow stated that, before granting a conditional use permit, the
I Planning and Zoning Advisory Board (P&Z) was required to find that
certain conditions as set forth in the Seward Urban District Zoning Code
had been met by the applicant. She further contended that P&Z and the
applicant had failed to address the following conditions which are
implied in section A of the application for conditional use permit (the
purposes of the ordinance as found in Sec. 21.78.020 of the KPB Code of
Ordinances):
1. Regulating and limiting population in the area;
2. Conserving and stabilizing property values;
3. Preventing undue concentration of population; and
4. Lessening congestion on streets and highways.
Oldow added that, since there was no waiting list for apartments at
either Bayview Manor or Bayside Apartments, she failed to see a great
need for additional sudsidized housing in Seward.
City Attorney explained to Council their role in sitting
as a Board of Adjustment and hearing the appeal of the decision of the
Planning and Zoning Commission to grant a conditional use permit to
NPRHA for this project. He noted that Council had 3 options:
I
1. Reverse P&Z's decision;
2. Affirm P&Z's decision; or
3. Send the permit back to P&Z for further discussion.
He added that the function of the Council was to see that no one was
deprived of his right to be heard and that Council must use their
collective knowledge of the community to make a decision of what is in
the public interest. He went on to state that a court considering the
action of Council would look to see if a reasonable decision based on
the evidence presented had been made.
John Gillespie, 606 Fifth Avenue, appeared from the
audience as a representative of NPRHA. He stated that he had attended
the public hearing held by P&Z prior to granting the conditional use
permit and that all conditions as outlined in the application had been
addressed and met. He went on to state that NPRHA had met or exceeded
all requirements, adding that they were not asking for any exceptions.
He offered as proof the fact that NPRHA was asking for only 60% of the
density allowed on the subject property and that more parking than that
actually required was being provided for the units. He further noted
that the requested rezoning was for 1 lot only--the remaining 12 lots
are presently zoned Limited Commercial (CL) District.
I
Shirley Reynolds, 233 Third Avenue, appeared from the
audience and spoke in favor of the proposed project. She noted that
Seward has the highest unemployment record in the State and a high
concentration of elderly people-~both groups are candidates for
subsidized rents. She stated that Seward has a real need for this type
of housing.
Carol Hatch-Benoit, 219 Third Avenue, stated that she was
in favor of the project. She added that the town is growing and needs
additional housing and that part of the downtown area should remain
residential.
Elsie Whitmore, 306 First Avenue, stated that she opposed
a project of this size, adding that she would have no objection to a
project with half the number of units. She expressed her concern that
54
PAGE 54
REGULAR MEETING - NOVEMBER IS, 1982
VOLUME 20
VII. PUBLIC HEARINGS: (Cont' d)
460 (cont): an adequate play area had not been provided for the children. She also
stated that driving conditions in the area were hazardous this time of
year. She closed by stating that NPRHA may have met the minimum
standards, but minimums were not enough for this area.
Raymond A. Gillespie, 207 Resurrection Blvd., spoke in
favor of the project. He stated that many people in Seward are forced
to live in inadequate housing and that, if the community is to grow,
adequate housing must be provided.
Frank Clay, 200 First Avenue, speaking in opposition to
the project, stated that while there is a need for housing, the proposed
location is wrong. He cited hazardous road conditions in winter and
dust in sUIllIller.
Bruce Trygstad, 319 Second Avenue, opposed to the
project, cited both the density of population and hazardous, icy road
conditions as his objections. He added that neighborhood children use
the alleys for sliding in winter, compounding the traffic/road problems.
Patty Deglee, Washington and Second Avenue, also opposed
to the project, stated that the area was already over-crowded and that
this project would make the situation even worse.
Nicholas Ambrosia, project architect for NPRHA, speaking
in favor of the project, stated that NPRHA had met or exceeded all local
code requirements--they had provided 36 parking stalls for 24 units, the
alley was to be up-graded and possibly paved, the play area had been
increased, a play area was also provided in the laundry area for
toddlers, and his firm would be making at least 20 trips to Seward for
inspection purposes throughout the construction of the units. He also
stated that NPRHA was providing a 10' utility easement to relocate the
power poles at NPRHA's expense. He further stated that 1000 sf was most
adequate for a 3-bedroom unit, adding that NPRHA had decided to go with
3-bedroom units because of the perceived need for that size apartment.
Dave Cich, 605 First Avenue, in favor of the proposed
project, stated that a need for the housing exists and a more suitable
location could not be found.
RECESS:
The meeting was recessed at 9:10 p.m.; reconvened at 9:21 p.m.
Del Branson, 215 Second Avenue, and Gem Bryant, 209
Second Avenue, both spoke in opposition to the project, citing the
danger presented to buildings and residents from falling rocks. Bryant
went on to state that she was not opposed to the housing project but was
concerned for the safety of future residents.
Henry Abrahamson, Elm Street, Forest Acres, spoke in
favor of the project. He stated the project would create jobs in Seward
and would fill the need for rent-subsidized housing created by the high
number of seasonal workers in Seward.
Pat Riley, Resurrection Road, also spoke in support of
the proposed housing project, citing the need for more housing in the
area.
John Gillespie summarized the position of NPRHA that a
needs exists in Seward for quality housing and that NPRHA has been
operating in good faith, meeting all conditions required of them. He
noted that icy, hazardous road conditions could be found allover town
and that everyone has to contend with children playing in their yards.
He further stated that anyone whose house is mortgaged with State money
lives in "subsidized" housing.
Pamela Oldow summarized her position that the wishes of
the residents of the surrounding area should be considered.
PAGE 55
REGULAR MEETING - NOVEMBER 15, 1982
VOLUME 20
VII. PUBLIC HEARINGS: (Cont'd)
460
(cont) : No one else appeared from the audience in order to be
heard and the public hearing was closed. Meehan, Wilson, and Cripps
expressed their concerns that there were many questions left unanswered
by P&Z. Swartz suggested a work session to draft the questions
uppermost in everyone's minds. Meehan felt that P&Z should clearly
state the requirements and facts they considered before deciding that
all the conditions had been met. Following further Council discussion,
it was moved by Meehan, seconded by Wilson and carried as follows to
return the application to P&Z for clarification of the requirements of
the conditional use permit:
I
AYES:
NOES:
ABSTAIN:
ABSENT:
Cripps, Meehan, Swartz and Wilson
None
Burgess and Gillespie
O'Brien
** Gillespie returned to the podium and participated in the remainder
of the meeting.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
B. Ordinances for Public Hearing and Enactment:
C. Resolutions:
940 & 350: 1. Copies having been made availab le to the pub lic,
Cripps noted by title only a proposed resolution entitled:
I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ON PRO-
POSED STATE SELECTION OF FOREST
LANDS FROM THE CHUGACH NATIONAL
FOREST.
Cripps noted that the City Council of Cordova would be approving a
similar resolution favoring multiple use management of selected forest
lands to provide a continuing flow of forest products as well as
protection of the recreational opportunities and wildlife habitat of
these areas. It was moved by Gillespie, seconded by Swartz and carried
as follows to approve Resolution No. 82-79:
AYES:
NOES:
ABSTAIN:
Burgess, Cripps, Gillespie, Meehan and Swartz
None
Wilson.
2. Deleted.
460 & 350: 3. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROV-
ING COVENANTS AND RESTRICTIONS FOR
THE GATEWAY SUBDIVISION (SINGLE
FAMILY DEVELOPMENT).
I
City Manager noted that all changes as requested by Council had been
made to the Covenants. It was moved by Meehan, seconded by Gillespie
and unanimously carried by all those present to approve Resolution No.
82-80, Gateway Subdivision Covenants and Restrictions.
CON-041 & 350: 4. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AWARDING
A CONTRACT FOR SEWARD GENERAL HOSPI-
TAL HEATING SYSTEM MODIFICATIONS TO
L.O.H. ELECTRIC, INC.
PAGE 56
REGULAR MEETING - NOVEMBER 15, 1982
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
CON-041
& 350:
(cont):
November 10, 1982, memorandum from Special Projects Engineer Tim Pflum
reconnnending the award to L.O.H. Electric was noted. City Manager
explained that the administration would be coming back to Council at the
next meeting with a change order which would raise the contract amount
from $9,300 to approximately $12,000, the engineer's estimate for the
project. He added that the change order was due to a design error which
had appeared in the bid documents. Following discussion, it was moved
by Gillespie, seconded by Swartz and unanimously carried by all those
present to approve Resolution No. 82-81.
X.
UNFINISHED BUSINESS:
A. Administrative Assistant Kerry Martin asked each
Councilmember to pick 5 favorites from the numerous logo designs
submitted by local artists. After narrowing the field to 6 designs,
Council instructed the administration to publish copies of the 6 in the
local newspaper so that residents of the city could vote on a design to
replace the City's current logo.
XI. NEW BUSINESS:
100 (ADM): A. October 22, 1982, memorandum from the City Clerk relative
to the lease of a new copier was noted. City Clerk explained that the
present copier does not meet the current needs of the City. Based on
quality of copy and service, the Clerk reconnnended that the Council
approve the lease of a Xerox 8200 for use in the City administrative
offices. There being no objection from Council, Cripps instructed the
administration to proceed with the lease of the 8200.
B. Deleted.
XII. CITY MANAGER REPORTS:
970 (PORT DEV.): A. November 11, 1982, memorandum from Administrative
Assistant Martin relative to the creation and purchase of new marketing
brochures for the Marine Industrial Park was noted. City Manager stated
that the City is ready to start selling the structure and the
development of a new brochure would provide a needed tool for use by the
City, the Trade Advisory Board, the Council and the Chamber of Connnerce.
Since the City cannot specify the level of creativity it is seeking in a
request for proposals, and since there are only 2 firms in the state
involved in this type of production, he reconnnended that the Council
agree to a contract with Mystrom Advertising, Inc. (one of these two
firms). Following discussion, it was moved by Gillespie, seconded by
Meehan and unanimously carried by all those present to take the
reconnnendation of the City Manager and expend an amount not to exceed
$30,000 for the purpose of developing a marketing brochure and further
to go with his reconnnended advertising firm.
)h- City-}!anager noted that VECO had asked for an opportunity
to address Council at its regular meeting of December 13.
C. City Manager noted that, with the appointment of John
Gage to the position of Fire Chief/Assistant Harbormaster, building
inspection had been removed from the Fire Department and placed in the
Engineering Department. He added that Special Proj ects Engineer Tim
Pflum, a registered Civil Engineer, had received training in building
inspection in Anchorage and would be assuming these responsibilities.
D. City Manager introduced newly-appointed City Engineer
Dennis Dooley to the Council.
XIII.
COUNCIL DISCUSSION:
A. Wilson reported on his recent trip to Fairbanks to attend
the 32nd annual meeting of the Alaska Municipal League (AML).
PAGE 57
REGULAR MEETING - NOVEMBER 15, 1982
VOLUME 20
XIII.
COUNCIL DISCUSSION: (Cont'd)
B. Cripps noted that there had been a record 35 attendees at
the Mayor's conference and added that the AML conference had been
well-attended. He also noted that the City of Palmer had just completed
a rate study and was willing to share its findings with the City.
I
Cripps noted that with the snow had come
illegally-operated snowmobiles on the City streets and alleys. He asked
that the Police Department begin enforcing state and city regulations
which prohibit the operation of snowmobiles on City streets.
XIV. ADJOURNMENT:
The meeting was adjourned at 10:30 p.m.
~d~
Donald W. Cripps
Mayor
(City Seal).
.
.. J
: ~
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--~~~~~~~~-----------------------------------------------------------
PAGE 57
REGULAR MEETING - NOVEMBER 22, 1982
VOLUME 20
1.
CALL TO ORDER:
I
The November 22, 1982, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan, Swartz and Wilson (Absent,
with Council consent, was Councilmember
O'Brien)
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Assistant City Manager
City Attorney Hughes and City
IV. APPROVAL OF MINUTES:
It was moved by Meehan, seconded by Swartz and unanimously
carried by all those present to approve the November 15, 1982, regular
meeting minutes as written.
I
SPECIAL PRESENTATION:
Cripps presented a badge to retiring Fire Chief Oscar Watsjold
commemorating his 41 years of service with the Seward Fire Department as
its Chief.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the City Manager, it was moved by Gillespie,
seconded by Wilson and unanimously carried by all those present to hold
an executive meeting immediately following the regular meeting to
discuss financial matters.
38
PAGE 58
REGULAR MEETING - NOVEMBER 22, 1982
VOLUME 20
v.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd)
carried
consent
It was moved by Wilson, seconded by Gillespie and unanimously
by all those present to approve the regular meeting agenda and
calendar as presented, and the following actions were taken:
180 (ST.LIC.):
1.
November 12, 1982, letter from the State Alcoholic
Beverage Control Board noticing of application for
renewal of liquor license as filed by Seward Trading Co.
Liquor Store was filed without objection; and
805 (AIRPORT):
2.
November 4, 1982, Order Deferring Processing of
Application of Alaska Aeronautical Industries Inc. for a
Certificate of Public Convenience and Necessity was noted
for information and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Raymond A.
Gillespie gave a verbal report of the Assembly meeting of November 16,
1982.
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
Patricia Williams, representing the Resurrection Bay
Historical Society, presented her annual report to the Council on the
status of the City museum located in the basement of City Hall. She
indicated that the museum had received approximately 3800 visitors in
the past year. In closing, she invited the Council, administration and
audience to visit the museum for a tour and coffee break following the
meeting.
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:
1no (ADM): A. November 18, 1982, memorandum from City Manager
730 (FIRE recommending Council approval of appointments of Fire Chief and City
DEPT): Engineer, pursuant to Section 2.30.020 of the Seward City Code, was
noted. It was moved by Swartz, seconded by Meehan and unanimously
carried by all those present to confirm John Gage as Fire Chief and
Dennis M. Dooley as City Engineer/Utilities Manager.
CON-040: B. November 17, 1982, memorandum from Special Projects
Engineer Tim Pflum relative to a proposed change order to the L.O.H.
Electric contract for heating system modifications for Seward General
Hospital was noted. City Manager reminded Council that he had advised
them of the need for the change order (due to design errors in the
contract drawings) prior to their approval of the contract. It was
moved by Meehan, seconded by Burgess and unanimously carried by all
those present to approve Change Order No. 1 to L.O.H. Electric, Inc. for
an amount not to exceed $5,000.
r- II
PAGE 59
REGULAR MEETING - NOVEMBER 22, 1982
VOLUME 20
XI.
NEW BUSINESS: (Cont'd)
CON-036:
C. November 18, 1982, memorandum from City Engineer relative
to a request from Elling Halvorson, Inc. for a time extension on the
contract for construction of the industrial water main for the grain
terminal was noted. Following discussion, it was moved by Burgess,
seconded by Gillespie and unanimously carried by all those present to
approve the time extension to the contract for Halvorson.
1100
(ADM-EQUIP): D. November 17, 1982, memorandum from Finance Director Joe
Gale relative to the acquisition of budgeted computer equipment was
noted. Gale stated that the Council had approved the lease of data
processing equipment from IBM in 1980. At that time, January-February,
1983 was considered to be the optimum time to purchase the equipment for
the City, and $59,365 had been included in the FY 83 budget for that
purpose. Due to a recent reduction in the retail price of the equipment
the City now has on lease option, the optimum purchase date has been
advanced to December, 1982. Purchase at this time would result in a
substantial savings to the City, allowing the purchase of both the
equipment and 2 programs (Public Budgeting & Accounting and Hospital
Payroll) for a total cost of $58,816. It was moved by Gillespie,
seconded by Swartz and unanimously carried by all those present to take
the recommendation of the Finance Director and proceed with the purchase
of IBM equipment and programs for an amount not to exceed $58,816.
I
SPEC.PROJ. E. November 19, 1982, memorandum from Administrative
(SHIPLIFT) Assistant Kerry Martin relative to storage of the shiplift components
was noted. City Manager recommended that Council accept VECO's proposal
to store the syncrolift components in a warehouse located on property
leased by VEca near the site where the shiplift is to be installed. He
added that by accepting VECO's offer, the City would be showing good
faith and support for VECO in the development of their industrial center
lease. In response to a question from Gillespie about the need for
acting on this matter immediately, Assistant City Manager stated that
the syncrolift is presently enroute to Seward and should arrive in
mid-December; thus, action must be taken prior to the next regularly
scheduled meeting (December 13). City Manager added that VECO has
indicated its intention to comply with the terms of the lease agreement.
Installation of a temporary warehouse, which will be moved from one of
VECO's properties within the State, would be a relatively inexpensive
way of showing the company's commitment to the project. Swartz asked
if there was any possibility of loss of the shiplift if VEca experiences
further financial problems. City Attorney explained that while the
syncrolift could be tied up until such time as the City could prove
ownership, there is no real danger of loss of the product itself. She
added that accommodations could be made in the agreement with VECO to
cover any expenses incurred by the City as a result of any future
financial problems VECa might experience. Following further discussion,
it was moved by Burgess, seconded by Wilson and unanimously carried by
all those present to go along with the VEca lease subj ect to the
conditions just discussed for protection of the syncrolift.
caN-042:
F. November 15, 1982, memorandum from Special Projects
Engineer Pflum relative to the award of a contract for production of
armor stone was noted. City Manager explained that the City's stockpile
of large rip-rap had been exhausted during the September flood. At that
time, Century Engineers had recommended that the City replace the armor
stone which had been used. He added that the cost of this replacement
was included in the arbitration demands against Century. City Manager
further explained that 6 bids had been received, and that
Burrell-Heppner Construction Co., Inc. was the apparent low bidder with
a bid of $167,760. There being no irregularities in the bid, he
recommended that Council award the contract to Burrell-Heppner. It was
moved by Wilson, seconded by Meehan and unanimously carried by all those
present to award the armor stone contract to the low bidder.
I
XII.
CITY MANAGER REPORTS:
A. City Manager introduced City Lobbyist Kent Dawson to
Council and the audience.
6()
PAGE 60
REGULAR MEETING - NOVEMBER 22, 1982
VOLUME 20
XII. CITY MANAGER REPORTS: (Cont'd)
408 (CAP.IMP.): B. November 17, 1982, memorandum from City Engineer
outlining a proposed time table for capital improvements program
development was noted. City Manager stated that the proposed schedule
would allow community input, review by the Planning and Zoning Advisory
Commission to avoid problems with siting and concomitant land use
requirements, and approval by the City Council of a long-range capital
improvements program which could then be sent to the legislature for
consideration when they begin capital funding. He added that such a
document, developed by the community, can expect to be received by the
legislature in a more favorable light than one which has received little
or no public input. Cripps noted that this was a step in the right
direction. Council voiced no objection to the administration continuing
with the schedule as outlined.
C. City Manager noted that the second meeting in December
was scheduled for December 27, two days after Christmas. He asked that
Council consider whether they wished to meet at that time.
D. City Manager presented a proposal to the Council for the
development of a summer picnicking/winter ice skating area in the Small
Boat Harbor to be located north of the public restrooms, directly across
the street from the Breeze Inn Restaurant. He explained that the newly
formed Seward Women's Club and a group of local ice skating enthusiasts
were both interested in heading up the fund-raising drive to raise the
approximately $20,000 needed to complete the project. He added that the
suggested site would result in the elimination of 18 parking spaces used
primarily in the summer for short-term parking. On the positive side,
it would mean increased use of the Harbor area by residents in winter
and summer. In response to a question from Wilson, City Manager noted
that the area could easily be lit at night. The Council voiced no
objection to the administration proceeding with the proposed project.
XIII.
COUNCIL DISCUSSION:
A. Burgess stated that he had received several complaints
from citizens concerning the recent mailer indicating that the City
would continue to strictly enforce the snowmachine ordinance banning the
operation of snowmachines within the City. He asked if accommodations
could be made for the snowmachiners so that they could have some place
in town where they could ride. He noted that he was in favor of doing
away with the operation of three-wheelers in the City, but felt that
snowmachines should be treated differently.
Cripps replied that if the City is to avoid liability, it
must strictly enforce the laws for all recreational vehicles equally.
He added that he had also received negative comments from some members
of the community, but it was the duty of the Council to uphold the laws
as they stand. Burgess concurred with Cripps.
XIV. CITIZENS' DISCUSSION:
A. Louis Dupree appeared from the audience and stated that
he was a member of the local ice skating association interested in
co-sponsoring an ice skating pavilion in Seward. He added that he had
circulated a survey within the grade school and the high school to be
completed by parents; the results showed 166 individuals interested in
participating in some sort of ice skating program. He also indicated
that members of his association would be willing to donate their time to
the proj ecL
XV.
ADJOURNMENT:
;,"
The meeting was adjourned at 8:20 p.m.; and, after a short
nvened in executive session to discuss the status of
,ceedings against Century Engineers.
c;2~~aYo<
:.~'
PAGE 61
1.
fen
REGULAR MEETING - DECEMBER 13, 1982
VOLUME 20
CALL TO ORDER:
The December 13, 1982, regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
III. ROLL CALL:
I
IV.
Present were:
Mayor Cripps and
Gillespie, Meehan,
(Councilmember Wilson
Councilmembers Burgess,
O'Brien and Swartz
arrived at 8:02 p.m.)
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Assistant City Manager
City Attorney Arvidson and City
APPROVAL OF MINUTES:
carried
meeting
It was moved by Meehan, seconded by Burgess and unanimously
by all those present to approve the November 22, 1982, regular
minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the City Manager, it was moved by Swartz,
seconded by Gillespie and unanimously carried by all those present to
meet in executive session immediately following the regular meeting in
order to discuss the Century/Quadra arbitration and the Chris Berg claim
against the City.
The City Manager requested that the following item be added to
the regular meeting agenda:
I
x.
UNFINISHED BUSINESS:
C. Oldow appeal relative to the conditional use
permit as granted to NPRHA by the Seward
Advisory Planning and Zoning Commission.
It was moved by Burgess, seconded by Meehan 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.
300 (City Attorney)
2.
210 (Fin. dept)
350(Res.) 3.
600(Personnel)
350(res.) 4.
I 840(Harbor)
5.
180(St.lic)
180(St Lie)
November 26, 1982, invoice from Hughes,
Powell and Brundin for legal services
month of October, 1982, totalling
approved for payment and filed.
Thorsness, Gantz,
rendered for the
$14,177.17, was
December 6, 1982, Finance Department's list of accounts
payable totalling $670,255.26, was approved for payment
and filed.
Resolution No. 82-82, approving a deferred compensation
plan for City employees through the International City
Management Association was approved and filed.
Resolution No. 82-83, charging off uncollectible Harbor
accounts totalling $5,961.63, was approved and filed.
November 30, 1982, memorandum from Administrative
Assistant Martin relative to discontinuing the City's
permit for a Customs Bonded warehouse was noted for
information and filed.
6.
November 26, 1982, letter from the State ABCB noticing of
the application of the American Legion Club Post #5 for
renewal of a liquor license was filed without objection.
7.
Application of Seward Senior Citizens for a permit for
authorized games of chance and skill was filed without
objection.
G'l
~", ~
....
PAGE 62
REGULAR MEETING - DECEMBER 13, 1982
VOLUME 20
V.
APPROVAL OF CONSENT CALENDAR & REGULAR MEETING AGENDA: (Cont'd)
805 (airport)
8.
Additional Information and Request for Waiver as filed by
Alaska Aeronautical Industries, Inc., in the matter of
their application for a certificate of public convenience
and necessity for interstate air transportation was noted
for information and filed.
500(Public Wks)
9.
Purchase of a pick-up
from Peninsula Ford
approved.
truck for the Public Works Dept.
in the amount of $10,100 was
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Raymond A.
Gillespie gave a verbal report of the Assembly meeting of December 7,
1982.
VII. PUBLIC HEARINGS:
A. Notice of Public Hearing as published in the local
460(OTS lot 32newspaper and posted as required by law was noted and the public hearing
Blk. 25) on the disposal of the North 1/2 of Lot 32, Block 25, Original Townsite
of Seward was opened. No one appeared from the audience in order to be
heard and the public hearing was closed. It was noted at a prior
meeting that the lot was too small to be of use to anyone other than an
adjacent property owner and that letters giving notice of the proposed
disposal of the lot had been sent to the two parties owning bordering
parcels of land--Donald W. Cripps and E. G. Skinner. The Clerk had
received and distributed to Council a letter from Skinner indicating
that he had no interest in the subject parcel. There being no objection
from Council, the administration stated that a resolution approving the
transfer of the lot to Cripps would be introduced for adoption at the
January 10, 1983, meeting.
B. Notice of Public Hearing as published in the local
newspaper and posted as required by law was noted and the public hearing
900(Ind. dev. )on the proposed sole-source lease of Tract 2, Waterfront Tracts, to
Albert Kawabe for the purpose of constructing a fish processing
equipment repair facility was opened. In response to a question from
Bob Valdatta, Administrative Assistant Martin explained that the parcel
in question now housed the Seward Teen Center. No one else appeared
from the audience in order to be heard and the public hearing was
closed. City Manager noted that Council had instructed the
administration to request appraisals on three tracts of land in the
Waterfront area in response to an inquiry from a local businessman
relative to the lease and development of Tract 2. He added that he felt
it would be in the public interest to lease the subject property to
Kawabe without soliciting proposals. In response to a question from
Meehan, City Manager explained that there would be an additional public
hearing on January 10 when the resolution approving the lease was
introduced. He further noted that the Teen Center would not have to
vacate the property until another suitable location was found to house
it.
280(Fed Rev.
Sharing)
C. Notice of public hearing as published in the local
newspaper and posted was noted and the public hearing on the allocation
of some $150,000 in federal revenue sharing funds was opened; no one
appeared from the audience in order to be heard and the public hearing
was closed. Assistant City Manager noted his December 9, memorandum
outlining the proposed allocations, including $90,000 to set up a new
City department to be called the Economic Development and Community
Promotion Department. From this initial allocation approximately
$30,000 would be used to defray the cost of the production of a new
marketing brochure currently being developed by Mystrom, Inc.
Additionally, $37,801 was to be allocated to the Parks and Recreation
Department for the development and implementation of winter recreation
programs. Also included was $10,000 to cover the cost of a new
sound/recording system for Council Chambers. The balance of the funds
were to be allocated to various City departments to cover unforeseen
increased health insurance costs and shortfalls in supply accounts.
There was no objection from Council to the proposed budget allocations.
r
PAGE 63
REGULAR MEETING - DECEMBER 13, 1982
VOLUME 20
VII 1.
CITIZENS' DISCUSSION: (With Prior Notice Only)
I
A. James Slack and Ted Kruth, representing VECO, Inc.,
reviewed VECO's present status relative to its lease of property in the
Marine Industrial Center and outlined its proj ected future growth and
involvement. Slack noted that construction of the warehouse facility to
house the shiplift components would begin on December 14 with completion
set for Sunday, December 19. In response to questions from O'Brien and
Swartz, Kruth noted that VECO was comfortable with its ability to meet
all commitments including the $2 million it was required to invest in
the MIC prior to September 1984. In response to a question from Meehan,
Kruth stated that VECO was not negotiating the sale of its lease to any
other company. Slack and Kruth accepted several questions from the
audience before bringing their presentation to a close.
**COUNCILMEMBER WILSON ARRIVED AT 8:02 P.M.
1;08 (CIP)
B. Monty Richardson, representing the Seward Boat Owners
Association, read a prepared statement in opposition to the proposed
location of a multi-purpose facility in the Small Boat Harbor parking
lot. He stated that he was in favor of the project, but the location
would deprive the Small Boat Harbor of too many needed parking spaces.
City Manager noted that an alternate site behind the Harbormaster's
Building was being considered, but would probably not be large enough.
He further noted that Adm. Asst. Martin was currently investigating the
problem of derelict vessels, trailers and boat cradles in the Small Boat
Harbor which were taking up an estimated 300 parking spaces. Cripps
assured Richardson that no final decision as to the location of the
facility had been made.
RECESS: The meeting was recessed at 8:31 p.m.; reconvened at 8:40 p.m.
IX. ORDINANCES AND RESOLUTIONS:
A.
Ordinances for Introduction:
I
None
B.
Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
Cripps
82-71,
1. Copies having been made available to the public,
noted by title only a proposed resolution amending Resolution No.
entitled:
350(Leg.)
A RESOLUTION AMENDING CITY OF
SEWARD RESOLUTION NO. 82-71,
IDENTIFYING THE CAPITAL PRO-
JECTS AND THE AMOUNT ALLOCATED
TO EACH PROJECT IN ACCORDANCE
WITH HCS CSSB 168 (FINANCE)
1981 SESSION.
I
Assistant City Manager noted that the State Department of Administration
required any changes in the amounts allocated to each project be made by
resolution. Several of the projects for which money had been allocated
had been completed, and the purpose of this resolution was to make line
item revisions to close out these particular projects. The only two
items still incomplete were identified as the 7th Avenue Greenbelt and
the outdoor sports complex. It was moved by Gillespie, seconded by
Swartz and unanimously carried to approve Resolution No. 82-84.
X.
UNFINISHED BUSINESS:
A. Administrative Assistant Kerry Martin noted that
approximately 200 votes had been cast to determine the winning entry in
the City's logo contest. The two top vote-getters were virtually tied
with approximately 1/3 of the vote each. He was now asking Council to
64
PAGE 64
REGULAR MEETING - DECEMBER 13, 1982
VOLUME 20
x.
UNFINISHED BUSINESS: (Cont'd)
choose between the two. He noted that one of
similar to the logo of the Municipality of
discussion, the Council chose by a show of hands
by Heather Spade.
the entries was quite
Anchorage. Following
the entry as submitted
408 CIP
B. December 9, 1982, memorandum from City Manager and
attached proposed capital improvements program (CIP) outline were noted.
City Manager added that a public hearing had been held before the
Advisory Planning and Zoning Commission and the Commission had approved
the CIP as presented to Council. In response to a concern voiced by
Wilson, City Manager explained that the CIP could be amended at any time
by a vote of Council, adding that this was merely a tool to identify
those proj ects needing attention--a priority list would be drawn up
later. O'Brien and Cripps stated that the five-year plan was an
excellent one and long overdue. Following further discussion, it was
moved by 0' Brien, seconded by Swartz and unanimously carried to adopt
the submitted proposal as the City's Capital Improvements Program for
1983-1988.
460(NPRHA
OTS)
C. December 13, 1982, memorandum from City Clerk relative to
the appeal of the decision of the Seward Advisory Planning and Zoning
Commission to grant a conditional use permit to the North Pacific Rim
Housing Authority for the construction of a 24-unit housing complex on
Lots 28-40, Block 12, Original Townsite of Seward with the following
attachments was noted:
1. December 9, 1982, memorandum from the Advisory
Planning Commission setting forth clarification of
the Commission's decision-making process in granting
a CUP to NPRHA (as requested by Council);
2. Copy of that portion of the October 13, 1982,
Commission meeting minutes showing original action
taken by the Commission relative to the granting of
the CUP;
3. Unapproved minute order of the December 8, 1982,
regular meeting of the Planning Commission relative
to the clarification process;
4. Minute order of the November 15, 1982, regular
meeting of the City Council relative to the appeal;
5. Copy of the application for CUP as filed by NPRHA;
and
6. Copy of the appeal as filed by Don and Pam Oldow.
Cripps noted that, while the public hearing had been closed at the
November 15, meeting, comments would be accepted from the audience in an
effort not to stifle discussion on this controversial matter.
In response to a question from Burgess, City Attorney stated
that there was no avenue which Council could take which would preclude
one side or another from bringing court action against the City. He
added that the City had thus far acted correctly in conducting a public
hearing on the appeal, requesting clarification from P&Z to clear up
confusion with what the Commission had considered at its hearing and,
finally, discussing any issues not clarified by P&Z before rendering a
decision on the appeal. City Attorney explained to Wilson that Item A
on the application did in fact refer to Section 21. 78.020 of the KPB
Code, thus inferring that Items A-H of that section must be satisfied
before a CUP could be granted.
O'Brien, who had not been present for the public hearing on
the appeal, questioned Swartz's right to vote on the issue given her
employment by North Pacific Rim. He added that Swartz had declared a
conflict when other issues concerning the NPRHA had come before Council.
Swartz noted that she had discussed this issue with the City Attorney
..." ~
1""-
'~-i ~',
PAGE 65
REGULAR MEETING - DECEMBER 13, 1982
VOLUME 20
X.
UNFINISHED BUSINESS:
(Cont'd)
,(;60(NPRHA OTS)
who had assured her that there was no legal conflict. While two
Councilmembers had expressed their concern that there was an appearance
of impropriety, the decision had been left to her. After much thought
she had decided to vote on the issue. Meehan and Burgess concurred that
the decision had been made by Swartz and should stand.
I
O'Brien then
constituted a conflict
voting.
stated that
of interest;
his rental properties in town
therefore, he would abstain from
City Attorney explained that the City Code requires four
affirmative votes to approve any action of Council. However, the
Courts apply what is know as the "Doctrine of Necessity" to cases such
as the one before Council when several members of the body must abstain
but when action is necessary. Therefore, the affirmative vote of a
majority of those voting would be sufficient to carry the motion.
Following discussion, it was moved by Cripps, seconded by
Swartz and carried as follows to deny the appeal of Mr. and Mrs. Oldow
on the matter in question:
AYES:
NOES:
ABSTAIN:
Cripps, Meehan and Swartz
Wilson
Burgess, Gillespie and O'Brien.
XL
NEW BUSINESS:
None
XII.
CITY MANAGER REPORTS:
I
Marine
taking
have to
A. City Manager displayed an artist's rendition of the
Industrial Center when completed and noted that he would be
this with him to Valdez and elsewhere to show what Seward will
offer with the completion of this project.
B. City Attorney noted that the Alaska Supreme Court had
rendered a decision in the case of Seward Chapel vs. the City of Seward
on November 26, 1982, and in every instance had upheld the City, even so
far as upholding the award of attorney's fees to the City. He then
briefly outlined the background of the case beginning with its origin in
1974. He urged Council to accept the proposal as submitted by Seward
Chapel's attorney to close the school as soon as another site had been
found for it, and in no event later than the close of the school year
(June 1983). Council voiced no objection.
C. City Manager noted that Council had received a copy of
the application for a permit as submitted to the Army Corps of Engineers
and filed by Alaska Navigation, Inc. for minor improvements near the
Alaska Railroad dock. He added that the administration would be
responding to a request for comments from the Corps of Engineers.
XIII.
COUNCIL DISCUSSION:
120 (CC)
I
A. December 13, 1982, memorandum from the City Clerk
requesting that Council consider cancelling the December 27 meeting was
noted. City Manager stated that any matter requiring immediate action
by Council could be considered at a Special Meeting. It was moved by
Burgess, seconded by Meehan and unanimously carried to cancel the
December 27 meeting.
B. O'Brien noted that he had attended the last meeting of
the Seward General Hospital Board at which time the hospital's recent
audit had been reviewed. Some irregularities had been found, but these
were attributed to the transition from manual accounting to computer.
The Board is still discussing wage increases for the hospital employees
to bring them in line with State averages. New Board members were
elected, with Jan Trettner being elected president.