HomeMy WebLinkAbout1983 City Council Minutes
66
PAGE 66
REGULAR MEETING - DECEMBER 13, 1982
VOLUME 20
XIII.
COUNCIL DISCUSSION: (Cont'd)
C. Wilson commended the role the police had played in
directing traffic at the school during the Thanksgiving weekend "Turkey
Tourney".
D. Meehan requested that the City Attorney investigate the
feasibility of dedicating Lot 28, Block 12, Original Townsite of Seward
to be used as a children's playground.
E. O'Brien asked why the Christmas tree on the mountain had
not been lit this year. City Manager explained that the City had been
unable to find anyone to volunteer to go up the mountain to replace
broken and worn lights. Council instructed the Clerk to schedule
discussion of repair of the lights on the tree for the first meeting in
July so that the work could be performed in good weather.
XIV. CITIZENS' DISCUSSION:
A. Dave Cich, representing the Chamber of Commerce,
presented Council with a list of capital projects which the Chamber
views as having high priority. Along with several items on the City's
CIP program were such proj ects as reopening the lumber mill and the
development of international trade. Cich also read a letter from Carol
Jaffa stating that the City should invest in a better winter storm drain
system.
B.
opposition to
opposition to
Chuck Soriano appeared from the audience and spoke in
the proposed location of the multi-purpose facility and in
Council's decision to deny Oldow's appeal.
C. Bob Valdatta appeared from the audience and spoke in
opposition to leasing waterfront property to Kawabe for industrial
purposes, stating that this type of activity should be confined to the
Marine Industrial Center.
XV. ADJOURNMENT:
The meeting was adjourned at 9:52 p.m. and, after a short
recess, reconvened in executive session to discuss the Century /Quadra
arbitration and the Chris Berg claim against the City.
9~ti,
Mayor
PAGE 66
REGULAR MEETING - JANUARY 10, 1983
VOLUME 20
1.
CALL TO ORDER:
The January 10, 1983 regular meeting of the Seward City
Council was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
I I. OPENING CEREMONY:
Councilmember Gillespie led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan, and Wilson (Absent, with
Council consent, were Councilmembers O'Brien
and Swartz)
PAGE 67
{ ~ i
REGULAR MEETING - JANUARY 10, 1983
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:
I
carried
meeting
It was moved by Meehan, seconded by Burgess and unanimously
by all those present to approve the December 13, 1982 regular
minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Meehan requested an amendment to "Item 6" of the Consent
Calendar (proposed Resolution No. 83-1) deleting the $5,000 credit limit
on the American Express Credit Card and adding the City Clerk as one of
the signatories. There being no objection to the amendment, it was
moved by Wilson, seconded by Meehan and unanimously carried by all those
present to approve the regular meeting agenda as presented and the
consent calendar as amended, and the following actions were taken:
870:
300:
920:
I
180:
180:
270 & 350:
I
500 & 350:
230:
1.
December 15, 1982, letter from Alaska Recreation and
Parks Association requesting support of outdoor
recreational and historic projects was noted for
information and filed;
2.
December 27, 1982, invoice from Hughes,
Powell and Brundin for legal services
month of November, 1982, totalling
approved for payment and filed;
Thorsness, Gantz,
rendered for the
$19,975.70, was
3.
December 17, 1982, memorandum from the City Attorney
regarding coal development status relative to
Wheelabrator-Frye, Inc. was noted for information and
filed;
4.
The following applications for authorized games of chance
and skill were filed without objection:
a. Marathon Homemakers
b. Seward High School
c. Seward Rebekah Lodge #6A
d. Seward Elks Lodge #1773
e. Seward Women's Bowling Association
f. Wes-Gen Hospital Auxiliary;
5.
The following applications for renewal of liquor licenses
were filed without objection:
a. Pioneer Bar & Liquor Store
b. Tony's Bar
c. Yukon Liquor Store
d. Thorn's Showcase Lounge
e. Harbor Dinner Club
f. Breeze Inn Motel
g. Dreamland Bowl;
6.
Resolution No. 83-1,
apply and sign for
approved and filed;
authorizing the
a credit card,
City Manager to
as amended, was
7.
Resolution No. 83-2, making an appropriation from the
general fund surplus to the Public Works Department for
the purchase of a road grader was approved and filed; and
8.
December 22, 1982, memorandum from Finance Director Gale
relative to the 1983-84 budget schedule was noted for
information and filed.
VI. BOROUGH ASSEMBLY REPORT:
140: Cripps noted the resignation of KPB Assembly Representative
Raymond A. Gillespie due to his acceptance of a position with the
6R
140
(contd):
460:
460:
(RE Lease
File iF
029 ):
PAGE 68
REGULAR MEETING - JANUARY 10, 1983
VOLUME 20
VI. BOROUGH ASSEMBLY REPORT: (Cont'd)
Governor's office in Juneau. Borough Assembly Reports are due to resume
upon the appointment of a representative to take Gillespie's place on
the Assembly.
VII. PUBLIC HEARINGS:
A. Notice of Public Hearing as published in the local
newspaper and posted as required by law was noted and the public hearing
on the proposed sale of the North Y, of Lot 32, Block 25, Original
Townsite of Seward to Donald W. Cripps was opened. No one appeared from
the audience in order to be heard and the public hearing was closed.
City Manager noted that a resolution with attached deed would be
presented to Council for approval at the January 24, 1983 meeting, such
resolution to take effect 30 days after approval.
B. Notice of Public Hearing as published in the local
newspaper and posted as required by law was noted and the public hearing
on the proposed lease of Tract 2, Waterfront Tracts, to Albert Kawabe
for the purpose of constructing a fish processing equipment repair
facility was noted and the public hearing was opened. Bob Valdatta of
Seward appeared from the audience and spoke in opposition to the lease
and, in particular, to the provision giving the lessee 3-5 years to
complete construction of a facility on the property. No one else
appeared from the audience in order to be heard and the public hearing
was closed. City Manager, responding to Valdatta's objections, stated
that the timetable for construction was tighter than that found in
previous leases and represented a reasonable balance which would allow
the lessee adequate time to secure the necessary financing to construct
a facility on the property. He went on to say that the proposed lease
would provide a good model for future waterfront property leases.
It was noted that a resolution with the attached lease
would be presented to Council for consideration at the January 24, 1983
meeting. The lease would take effect 30 days after approval of the
resolution.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
280 & 350: 1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION AMENDING THE 1982-83
FISCAL YEAR BUDGET BY APPROPRIATING
FUNDS FROM THE FEDERAL REVENUE SHA-
RING TRUST ACCOUNT.
City Manager noted that the proposed appropriation of the $150,747 in
federal revenue sharing funds had been presented to Council at the
December 13, 1982 meeting and added that the figures contained in the
proposed resolution deviated only slightly from those originally
presented to Council. These changes included the addition of $2400 to
the City Clerk's budget to cover the cost of an Employee Assistance
Program and an increase in the Council's equipment budget from $10,000
to $15,000. It was moved by Gillespie, seconded by Wilson and
unanimously carried by all those present to approve Resolution No. 83-3.
C t'~
PAGE 69
REGULAR MEETING - JANUARY 10, 1983
VOLUME 20
X.
UNFINISHED BUSINESS:
100:
(CH
A. January 3, 1983 memorandum from the Clerk's office
EquipTelative to the results of a request for proposals for the purchase and
installation of a new recording/amplification system for City Council
chambers was noted. City Clerk explained that the RFP had been
advertised in the local newspaper and mailed to six reputable firms in
Seward and Anchorage. Only one firm, Audiocom of Anchorage, had
responded to the RFP with a total bid of $12,204.39, this price to
include a one year warranty and instruction for the Clerk's department
on the operation and care of the equipment. In response to a question
from Meehan, the Clerk noted that assistance in preparing the
specifications in the bid documents had been obtained from engineers
working for Audiocom. City Manager added that only one item (Council
microphones) had been listed "No substitutions allowed"; all other items
could be substituted as long as they were UL approved and were of like
quality. Meehan objected to acquiring such an elaborate system for so
small a room. City Clerk noted that Audiocom had designed and installed
systems for the Municipality of Anchorage, the Mat-su Borough, and the
cities of Kodiak and Valdez, and that they came highly recommended.
Gillespie, Burgess and Cripps indicated their support for the new
system, stating the need for a quality record-keeping system. Following
further discussion, it was moved by Gillespie, seconded by Burgess and
carried as follows to take the administration's recommendation and
purchase a system from Audiocom totalling $12,204.39:
I
AYES:
NOES:
ABSENT:
Burgess, Cripps, Gillespie and Wilson
Meehan
O'Brien and Swartz
XI. NEW BUSINESS:
I
S p' A. January 6, 1983 memorandum from Administrative Assistant
pec. rOJkartin relative to the cost of moving the shiplift components from the
ARR dock to the VECO warehouse at Fourth of July Creek Marine Industrial
Center was noted. City Manager explained that Northern Stevedoring had
been asked to make the transfer of the components to the MIC without
going to public bid for the following reasons:
1.
2.
and cranes capable
3.
perform the job.
There was not sufficient time to advertise;
NS&HC is the only company in Seward with forklift
of handling the components; and
NS&HC had access to experienced personnel needed to
The equipment was transported to the warehouse at the MIC on January
3-4, 1983. Upon the recommendation of the City Manager, it was moved by
Burgess, seconded by Meehan and unanimously carried by all those present
to approve the bill from Northern Stevedoring for $7,492.50.
XII. CITY MANAGER REPORTS:
None
XIII.
COUNCIL DISCUSSION:
I
A. In response to a question from Burgess regarding the
security provided for the stored shiplift components, City Manager
explained that not only was the entrance gate to the facility locked,
but the warehouse itself was padlocked and the police make periodic
patrols of the area. He added that anyone interested in taking the
shiplift would need a truck and a forklift capable of moving up to
25,000 Ibs., making this an unlikely occurrence.
B. Meehan asked the administration to investigate the
possibility of supplying electricity to the ferry when it docks in
Seward. He noted that this has been a continuing problem and hoped that
the administration could resolve it.
iO
PAGE 70
REGULAR MEETING - JANUARY 10, 1983
VOLUME 20
XIII.
COUNCIL DISCUSSION: (Cont'd)
C. Cripps noted that Seward had been approached by the
Resource Development Council in regards to co-sponsoring the upcoming
Coal Conference scheduled for February 16-17, 1983. He added that the
cost to the City would probably be no more than $200. Meehan stated
that since Seward was destined to be the Coal Capital of Alaska, it was
appropriate that the City co-sponsor the Coal Conference. There being
no objection from Council, the administration was instructed to respond
favorably to RDC's request that the City co-sponsor the conference.
Cripps also noted that Alaska Municipal League's Board of
Directors would be meeting in Juneau on January 23-24, followed by a
meeting of the Conference of Mayors on January 24-25. Due to his work
schedule, he would be unable to attend either function and was therefore
requesting that another member of Council represent the City in his
stead. He encouraged any interested Councilmembers to contact the City
Manager as soon as possible so that arrangements for the trip could be
made.
Cripps noted the special meeting and executive session
scheduled for 6:00 p.m., Thursday, January 13. The purpose of the
meeting is to discuss the Century/Quadra arbitration and the Chris Berg
claim.
Cripps then requested that the administration properly
mark the downtown areas designated for handicapped parking.
D. Gillespie asked that he be excused from the special
meeting Thursday night and the regular meetings through the month of
February; he will be out of state.
XIV. CITIZENS' DISCUSSION:
A. Bob Valdatta of Seward appeared from the audience and
noted that Council had approved the supply of electricity to the
Tustumena in 1976, but because of objections from ferry personnel the
City had never followed through on the proposal.
XV. ADJOURNMENT:
The meeting was adjourned at 8:10 p.m.
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Donald W. Cripp
Mayor
1.
CALL TO ORDER:
The January 13, 1983, special meeting of the Seward City
Council was called to order at 6:02 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
Meehan, Swartz
Council consent,
and O'Brien)
and
and
were
Councilmembers Burgess,
Wilson (Absent, with
Councilmembers Gillespie
~-
I
PAGE 71
SPECIAL MEETING - JANUARY 13, 1983
VOLUME 20
IlL ROLL CALL: (Cont'd)
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Assistant City Manager
City Attorney Arvidson and City
SPECIAL ITEM:
I
January 13, 1983, memorandum from City Clerk relative to
reschedul ing two upcoming regular meetings of the City Council was
noted. City Manager stated that the Mayor, Councilmember Gillespie and
the City Manager would be out of town on January 24; the administration
would therefore request that this meeting be rescheduled to Monday,
January 31. Cripps noted that the Clerk was requesting that the March
28 meeting be rescheduled for March 21; March 28 is Seward Day (a City
holiday) and is the first day of the State Clerks conference. The Clerk
noted that she intended to take the Deputy Clerk along with her to the
conference if there was no objection from Council. The Council, by
general consensus, agreed to the two meeting date changes as stated
above.
IV. EXECUTIVE SESSION:
It was moved by Wilson, seconded by Burgess and unanimously
carried by all those present to meet in executive session immediately
following the close of regular business in order to discuss the
Century/Quadra arbitration and the Chris Berg claim against the City.
V. CITIZENS' DISCUSSION:
VI. ADJOURNMENT:
I
The meeting was adj ourned at 6: 09 p. m.; Council immediately
moved into executive session to discuss the Century/Quadra arbitration
and the Chris Berg Claim against the City.
"
QAJ ~
Donald W. Cripps
Mayor
-, .
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,I
'~~)'.~t '-y.~~------------------------------------------------------------------
">~~71 REGULAR MEETING - JANUARY 31, 1983 VOLUME 20
(Ci ty?eal)
1.
CALL TO ORDER:
The January 31, 1983, regular meeting of the Seward City
Council was called to order by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
III. ROLL CALL:
I
Present were:
Mayor Cripps
O'Brien, Swartz
Council consent,
and Gillespie
and
and
were
Councilmembers Meehan,
Wilson (Absent, with
Councilmembers Burgess
Present also: City Manager Garzini, City Attorney Arvidson
and City Clerk Murphy
/
IV. APPROVAL OF MINUTES:
It was moved by Meehan, seconded by Swartz and unanimously
carried by all those present to approve the January 10, 1983, regular
meeting minutes and the January 13, 1983, special meeting minutes as
written.
7-2
PAGE 72
REGULAR MEETING - JANUARY 31, 1983
VOLUME 20
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that the Consent Calendar be amended to
show the City's obj ection to the granting of a renewal of a liquor
license to the Flamingo Lounge pending payment of a long overdue
electric bill in excess of $2,000. It was moved by O'Brien, seconded by
Wilson and unanimously carried by all those present to approve the
Consent Calendar with an amendment objecting to the Flamingo's liquor
license, and the following actions were taken:
350 & 920:
1.
Resolution No. 83-4, closing out the Coal Export fund,
was approved and filed;
300:
2.
December, 1982, invoice from Hughes, Thorsness, Gantz,
Powell and Brundin for legal services totalling
$15,704.96, was approved for payment and filed;
210:
3.
January 6, 1983, list of
Finance Department totalling
for payment and filed;
accounts payable from the
$1,196,906.79, was approved
885:
4.
January 24, 1983, position statement on the transfer and
operation of the Alaska Railroad was approved and filed;
180:
5.
Notices of renewal of liquor licenses as filed by the Van
Gilder Hotel, Dorothy's Cocktail Lounge, Pizza Apollo and
the Yukon Bar were filed without objection;
180 :
Application for renewal of liquor license as filed by the
Flamingo Lounge was filed with objection pending payment
of outstanding electric bill; and
6.
Applications for permits for authorized games of chance
and skill as filed by American Legion Auxiliary, American
Legion, Republican Party of Alaska-District 6 and Sacred
Heart Parish were filed without objection.
180:
It was moved by Wilson, seconded by Meehan and unanimously
carried by all those present to approve the regular meeting agenda as
presented.
VI. BOROUGH ASSEMBLY REPORT:
None
VII. PUBLIC HEARINGS:
None
VII 1.
CITIZENS' DISCUSSION: (With prior notice only)
Taken out of order following approval of resolutions.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction: None
B. Ordinances for Public Hearing and Enactment: None
C. Resolutions:
350 & 850: 1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION APPROPRIATING SALES TAX
RECEIPTS TO SEWARD GENERAL HOSPITAL.
City Manager noted the January 27, 1983 memorandum from Assistant City
Manager Schaefermeyer and attached letter from Hospital Administrator C.
Keith Campbell requesting an appropriation totalling $50,000 to cover
operational deficits and a pay increase for hospital employees.
Following discussion, it was moved by O'Brien, seconded by Swartz and
unanimously carried by all those present to approve Resolution No. 83-5.
-="1:,....
1.1
PAGE 73
REGULAR MEETING - JANUARY 31, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
350 & DEEDS & ESMTS: 2. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
I
A RESOLUTION OF THE SEWARD CITY COUNCIL
AUTHORIZING THE DISPOSAL BY NEGOTIATED
SALE NY, OF LOT 32, BLOCK 25, ORIGINAL
TOWNSITE OF SEWARD, TO DONALD W. AND
JEAN E. CRIPPS.
Cripps noted his vested interest in the resolution and turned the Chair
over to O'Brien. City Manager briefly outlined the history of the
proposed sale of the subject property--the lot's value is limited to the
two adjoining property owners (Cripps and Gene Skinner); Skinner had
declined interest in purchasing the property while Cripps was
interested; and the Council had conducted two public hearings on the
proposed disposal with no adverse comments--and recommended approval.
Following discussion, it was moved by Wilson, seconded by Meehan and
carried as follows to approve Resolution No. 83-6:
AYES:
NOES:
ABSENT:
ABSTAIN:
O'Brien, Meehan, Swartz and Wilson
None
Burgess and Gillespie
Cripps.
This resolution is to take effect in 30 days.
350 & RE-029: 3. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
I
A RESOLUTION OF THE SEWARD CITY COUNCIL
PROVIDING FOR THE DISPOSAL OF TRACT 2
OF THE SEWARD WATERFRONT TRACTS AND AU-
THORIZING THE CITY MANAGER TO NEGOTIATE
THE LEASE THEREON.
I
City Manager briefly outline the history of the proposed lease with
Albert Kawabe--Council had directed the administration to have the
subject parcel appraised; Kawabe was interested in leasing the property
to construct and operate a fish processing equipment repair and
maintenance facility; that portion of Tract 2 containing the Teen Center
building would not be included in the lease; and the City would be
receiving fair market rental value for the parcel--and recommended
approval of the resolution and attached lease agreement. In response to
a question from Meehan, City Manager stated that the possibility of
moving the proposed repair facility to the Marine Industrial Park had
not been discussed with Kawabe. 0' Brien was informed that the City
would have the option of terminating the lease if Kawabe failed to meet
the time table laid out in the lease, but the City would be amenable to
granting an extension as long as the lease payments were kept current
and there were no other proposals for development of the parceL In
response to Wilson's question concerning open storage of equipment along
the shoreline, City Attorney stated that Article XII, Part 1, Page 13 of
the lease as well as City ordinances controlling litter and junk would
protect the City and help insure that the aesthetic value of the
property be maintained. Following further discussion, it was moved by
O'Brien, seconded by Meehan and unanimously carried by all those present
to approve Resolution No. 83-7, such resolution to take effect in 30
days.
350 & 950: 4. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE SEWARD CITY COUNCIL
REQUESTING THAT THE ALASKA AGRICULTURAL
ACTION COUNCIL AND THE GOVERNOR REVIEW
THE SEWARD GRAIN ELEVATOR PROJECT AND
DETERMINE THAT THE BENEFITS OF IN-STATE
USE OF GRAIN JUSTIFIES THE COMPLETION
OF THE GRAIN RECEIVING AND DISTRIBUTION
FACILITY IN SEWARD.
'-4
I ,1
, -
PAGE 74
REGULAR MEETING - JANUARY 31, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
350 &
950
(cont'd):
Meehan introduced the proposed resolution and emphasized the importance
of City support for the Kenai Peninsula Borough's stance that the grain
terminal should be completed. He also noted that it was not
economically feasible to stop the project at this stage of development.
City Manager added his support for the proposed resolution noting the
need to access grain on the peninsula. Following further discussion, it
was moved by Meehan, seconded by Swartz and unanimously carried by all
those present to approve Resolution No. 83-8.
VII 1.
CITIZENS' DISCUSSION: (With prior notice only)
TAKEN OUT OF ORDER:
160:
A. Dan
appeared from the
following two items:
Seavey, representing the
audience and requested
Iditarod Trail
Council support
Blazers,
on the
1. That the City enter into a cooperative agreement
with the US Department of Interior establishing the
Iditarod National Historic Trail within the City;
and
2. That the City government take appropriate measures
to promote public awareness of Seward's unique
relationship to the Iditarod National Historic
Trail.
Seavey noted that, if the City provided the Trail--possibly encompassed
in the Greenbelt concept--the Trail Blazers would provide signs and
markers. City Manager noted that he would pursue the cooperative
agreement with the Dept. of Interior and added that Parks and Recreation
Director Noble and Administrative Assistant Martin would work on
incorporating the trail in the Greenbelt design. He also recommended
that the Chamber of Commerce include the trail in its promotional
campaign.
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
440: A. January 26, 1983, memorandum from City Clerk relative to
the re-appointment of three Planning and Zoning commissioners whose
terms are expiring in February was noted. It was moved by Meehan,
seconded by Swartz and unanimously carried by all those present to
re-appoint Dean Williams, John Blackwell and John Woodruff to three year
terms on the Seward Advisory Planning and Zoning Commission. All three
terms will expire in February, 1986.
CON-044 & 045: B & C: City Manager noted the standard form professional
services agreements between the City of Seward and Woodward-Clyde and
Kellogg, Inc. for their services as consultants relative to the
Century/Quadra arbitration; he recommended approval of both agreements.
Following discussion, it was moved by Wilson, seconded by 0' Brien and
unanimously carried by all those present to accept both the
Woodward-Clyde and the Kellogg professional agreements for consulting
services.
XII. CITY MANAGER REPORTS:
470: A. Ci ty Manager noted the draft of a proposed new trailer
ordinance and supporting materials as prepared by the City Attorney. He
recommended that these materials be sent to the Advisory Planning and
Zoning Commission for input. The ordinance would then be returned to
Council for work sessions, introduction, public hearing and vote for
enactment. Cripps, with Council consent, directed the administration to
send the ordinance to Planning and Zoning for comment.
PAGE 75
REGULAR MEETING - JANUARY 31, 1983
VOLUME 20
XII.
CITY MANAGER REPORTS:
(Cont'd)
460:
B. City Manager noted January 26, 1983, letter from D. L.
Snellman, relative to a proposed land exchange in the Gateway
Subdivision. Mr. Snellman agreed in his letter to the proposed land
exchange with the City, his willingness to be a co-petitioner in the
City's effort to rezone Tracts A-E, Gateway Subdivision, and his
acceptance of Right-of-Way scheme No.2.
550:
C. City Manager asked Council's support of the
administration in its efforts to begin enforcing the Code provision that
owners and residents of property bordering City sidewalks keep those
sidewalks clear of ice and snow. He noted that several complaints
concerning the condition of the City sidewalks had been received by his
office and added that the police would begin issuing warnings and
citations for failure to comply with the ordinance.
I
XII 1.
COUNCIL DISCUSSION:
A. Swartz voiced her support for Resolution No. 83-8,
relative to the completion of the grain terminal.
B. O'Brien requested an up-date on the Gateway Subdivision.
Administrative Assistant Martin noted that rights-of-way in the single
family portion of the development had been cleared and all lots had been
staked. He added that construction cost estimates would be available
March 1.
I
C. Wilson voiced his support for keeping the sidewalks
clear. He also noted the need for zoning maps for use by the Planning
and Zoning Commission. He stated that, if funds for the maps could not
be obtained from the Borough, the City should fund the development and
printing of these maps, adding that the Commission could not adequately
perform without these basic tools. City Manager indicated that he had
discussed this with Borough Mayor Stan Thompson and expected Borough
support for production of the maps.
D. Cripps noted that Council had been provided a trip report
on his recent trip to Juneau to attend the Municipal League's board of
directors meeting and the Alaska Conference of Mayors. He also noted
that he had given a report of these meetings at the last Chamber of
Commerce meeting. He added that the trip had been long but profitable.
XIV.
CITIZENS' DISCUSSION:
A. C. Keith Campbell appeared from the audience and thanked
Council for approving the appropriation of $50,000 to the hospital. He
then voiced his displeasure with Council's decision to enter into an
agreement with Woodward-Clyde, stating that their work within the
Borough had been less than adequate. He added that their performance
would bear watching.
B. Dave Cich, representing the Seward Chamber of Commerce,
appeared from the audience and informed Council that the Chamber Board
of Directors would be voting on a resolution similar to Council's
relative to completion of the grain terminal. He added that he expected
unanimous approval.
XV.
ADJOURNMENT:
I
The meeting was adjourned at 8:35 p.m.
. \.:~
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PAGE 76
REGULAR MEETING - FEBRUARY 14, 1983
VOLUME 20
1.
CALL TO ORDER:
The February 14, 1983, 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
Meehan, 0' Brien,
with Council
Gillespie
and Councilmembers Burgess,
Swartz and Wilson (Absent,
consent, was Councilmember
Present also: City Manager Garzini and City Clerk Murphy
IV.
APPROVAL OF MINUTES:
carried
meeting
I t was moved by Swartz, seconded by Burgess and unanimously
by all those present to approve the January 31, 1983, regular
minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager noted that all agenda items for this meeting were
of a noncontroversial nature and had been placed on the consent
calendar. He asked that Council pay particular attention to the Clerk's
proposed Resolution No. 83-9 in opposition to SB 29 (changing the date
of municipal elections) and the February 9 memorandum from
Administrative Assistant Kerry Martin relative to the transfer of
previously budgeted funds to the Economic Development and Community
Promotion fund. Cripps noted The February 8, 1983, letter from Governor
Sheffield requesting that Council nominate a representative from the
City for appointment to the State Job Training Coordinating Council. He
also requested that Council consider sending at least one Councilmember
to Anchorage to participate in the February 25-26 Regional Port
Commission Authority meetings. City Manager stated that he would be
attending the February 25 meeting and Administrative Assistant Kerry
Martin would attend the February 26 meeting; however, a Councilmember
should attend the two-day meeting to provide continuity.
Following discussion, it was moved by Swartz, seconded by
Burgess and unanimously carried by all those present to approve the
regular meeting agenda and the consent calendar as presented, and the
following actions were taken:
320/350:
1.
Resolution No. 83-9, in opposition to SB 29 (changing the
date of municipal elections to May), was approved and
filed;
2. Notice of renewal of liquor license as filed by the
Palace Saloon and Hotel was filed without objection;
3. Applications for permits for authorized games of chance
and skill as filed by Mt. Marathon Native Association and
Resurrection Bay Lioness Club of Seward were filed
without objection; and
4. February 9, 1983, memorandum from Administrative
Assistant Kerry Martin relative to the budget for the
International Trade and Industry Development Advisory
Board was approved and filed.
VI. BOROUGH ASSEMBLY REPORT:
VII. PUBLIC HEARINGS:
VII 1.
CITIZENS' DISCUSSION: (With prior notice only)
PAGE 77
REGULAR MEETING - FEBRUARY 14, 1983
VOLUME 20
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
B. Ordinances for Public Hearing and Enactment:
C. Resolutions:
X.
UNFINISHED BUSINESS:
I
XL
NEW BUSINESS:
XI 1.
CITY MANAGER REPORTS:
A. City Manager noted his February 9 meeting with
Commissioner Endell concerning the location of the State's first maximum
security prison in Seward. At the meeting, he presented Endell with a
package prepared by a consultant outlining the advantages to the State
in locating the prison here. He added that, if Endell feels that Seward
is a suitable site, public hearings will be scheduled to receive
comments from the community on the proposal.
City Manager reported that he would be travelling to
Juneau soon to meet with members of the City's legislative delegation;
the main focus of the trip will be the Fourth of July Marine Industrial
Center and upgrading the powerline, but would also include distribution
of the consultant's report on the prison site to the legislators.
City Manager also noted the
Technology Highlights featuring the Honam,
been distributed to Council; this plant
Usibelli coal.
copies of an issue of Power
Korea power plant which had
has contracted to receive
I
City Manager urged that at least one member of Council
make plans to attend the Southcentral Regional Port Commission meeting
in Anchorage on February 25-26.
In response to a question from Wilson, City Manager noted
that with rail, road and air service to Seward, transportation to the
proposed prison facility was an asset, not a weakness. Swartz added
that the cost of transporting prisoners to Seward would be far cheaper
than what the State is currently paying to transport them outside.
XII 1.
COUNCIL DISCUSSION:
I
O'BRIEN:
O'Brien suggested that Council nominate Willard Dunham to
serve on the Governor's job training advisory board. Dunham
explained that a conflict might arise due to his position with
the Department of Labor and suggested that the Council
nominate Pat Reilly, Personnel Director for Seward Fisheries.
Cripps stated that the letter from Governor Sheffield seemed
to indicate that the nominee be an elected or appointed
official of the City. Upon the recommendation of the City
Manager, Council agreed to nominate City Clerk/Personnel
Officer Murphy in the event that Reilly is not acceptable.
O'Brien asked Willard Dunham to explain the Trade
Advisory Board's action of February 7 obligating $3,000 of the
City's money to the Seward/Obihiro tour. Dunham explained
that the Board was merely making a suggestion; the Board must
come to Council before expending any City funds.
0' Brien also inquired about the propriety of putting
English, Japanese and Chinese on the same business card as was
the case with the business cards provided for the Trade Board.
Cripps explained that Chinese was the universal Oriental
language.
WILSON
Wilson stated his pleasure in receiving
the February 7, Trade Advisory Board meeting.
he hoped to continue to receive them.
the minutes of
He added that
-,. ,.."
J()
PAGE 78
REGULAR MEETING - FEBRUARY 14, 1983
VOLUME 20
XII 1.
COUNCIL DISCUSSION: (Cont'd)
MEEHAN
Meehan complimented the
direction and the variety
meetings.
Trade Advisory Board
of subjects covered
on
in
their
their
CRIPPS
Cripps
attend the
Commission.
stressed the importance of having a Councilmember
February 25-26 meeting of the Regional Port
XIV. CITIZENS' DISCUSSION:
A. Beverly Dunham, appearing from the audience, explained
the reason for the high cost of travel to take prisoners outside for
incarceration. She noted that the total cost of housing outside was
cheaper than the $33,000/year average to house a prisoner in the State.
B. Willard Dunham, appearing from the audience, stated that
he had met with Senator Murkowski concerning the problems Alaska
Navigation was having getting a license to operate in the State. He
added that Murkowski was reluctant to make a public statement until he
had talked to all the parties involved.
C. Dave Cich, representing the Seward Chamber of Commerce,
noted that the Chamber had passed a resolution similar to the Council's
relative to the completion of the Seward Grain Terminal. The major
difference was the addition of a passage calling for public disclosure
of all costs of mothballing as compared to completing the project. He
also stated that the Chamber was willing to organize and sponsor any
public hearings necessary relative to locating the maximum security
prison facility in Seward.
XV. ADJOURNMENT:
The meeting was adjourned at 8:10 p.m.
~JV~
Donald W. Cripps
Mayor
------------------------------------------------------------------------
PAGE 78
REGULAR MEETING - FEBRUARY 28, 1983
VOLUME 20
1.
CALL TO ORDER:
The February 28, 1983, 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,
Swartz and Wilson (Absent with Council consent
were Councilmembers Gillespie and Meehan. Also
absent was Councilmember O'Brien)
Present also: Acting City Manager Schaefermeyer,
Attorney Arvidson and City Clerk Murphy
City
I
I
I
300:
210:
CON-039:
200/350:
.;l'
PAGE 79
REGULAR MEETING - FEBRUARY 28, 1983
VOLUME 20
IV.
APPROVAL OF MINUTES
carried
meeting
It was moved by Swartz, seconded by Wilson and unanimously
by all those present to approve the February 14, 1983 regular
minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Acting City Manager requested the following additions to the
regular meeting agenda:
XII. CITY MANAGER REPORTS:
A. Update on Port Marketing brochure
B. Community swim program
C. City Manager's attendance at Port Marketing Seminar
D. Supreme Court decision relative to Engineering
Sciences of Alaska v. City of Seward
E. Status report on Century/Quadra arbitration
Schaefermeyer also noted the February 28, memorandum relative to Item XI
(C), Change Order No.1, Burrell/Hepner contract, which had been
distributed to Council prior to the meeting. There being no further
changes requested, 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:
1.
January,
Powell
services
1983, invoice from Hughes, Thorsness, Gantz,
and Brundin totalling $15,910.67, for legal
performed, was approved for payment and filed.
2.
Finance Department's list of accounts payable for
January, 1983, totalling $ 710,448.41, was approved for
payment and filed.
3.
Addendum to the Century/Quadra Professional Services
Agreement relative to Gateway Subdivision engineering was
approved and filed. This addendum increased contract
amount by $11,500, expanded scope of work to include
approval of right-of-way clearing contract documents, and
extended contract termination date to June 15, 1983.
4.
Resolution No. 83-10, writing off delinquent utility
accounts receivable, was approved and filed.
VI. BOROUGH ASSEMBLY REPORT:
Newly appointed Kenai
Representative Jonathan Sewall gave
meeting of February 15, 1983.
Peninsula Borough Assembly
a verbal report of the Assembly
VII. PUBLIC HEARINGS:
None
VIII.
CITIZENS' DISCUSSION: (With Prior Notice Only)
None
IX. ORDINANCES AND RESOLUTIONS:
A.
Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
None
gO
PAGE 80
REGULAR MEETING - FEBRUARY 28, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions:
350/885: 1. 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, AUTHO-
RIZING A REQUEST TO ASSUME THE RES-
PONSIBILITY FOR THE SEWARD MARINE
INDUSTRIAL PARK RAIL CORRIDOR
ASSESSMENT.
Acting City Manager (ACM) also noted the February 23, 1983, memorandum
from Administrative Assistant Kerry Martin indicating the availability
of monies within the Alaska DOT/PF which could by utilized to begin
planning and preliminary estimates for rail access to the Marine
Industrial Center. It was moved by Burgess, seconded by Wilson and
unanimously carried by all those present to approve Resolution No.
83-11.
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
600: A. February 23, 1983, memorandum from City Clerk Murphy
relative to the appointment of a new Deputy Clerk was noted. City Clerk
explained that the transfer of Marilyn Reynolds to the Engineering
Department left an opening in the Clerk's Department. Murphy
recommended that Council approve the appointment of Christy Audette,
currently employed within the Police Department, as Deputy City Clerk.
It was moved by Wilson, seconded by Swartz and unanimously carried by
all those present to approve the appointment of Christy Audette to the
Deputy City Clerk's position effective March 3, 1983.
270: B. February 18, 1983, memorandum from Assistant City Manager
was noted. ACM explained that petroleum products had not been bid since
1979. The current bid proposals as listed were for the period March 1
through December 31, 1983, with an option to extend the contract for one
year. He recommended that Council award contracts for petroleum
products to the low bidders as listed in the memorandum. Following
discussion, it was moved by Swartz, seconded by Wilson and unanimously
carried by all those present to accept the low bidders as listed.
CON-042: C. February 22, 1983, memorandum from Special Projects
Engineer Pflum relative to a change order to the armor stone production
contract for the construction of training dikes on the north levee was
noted. Following discussion, it was moved by Wilson, seconded by
Burgess and unanimously carried by all those present to approve Change
Order No. 1 to the Burrell/Hepner contract.
XII. CITY MANAGER REPORTS:
A. ACM stated that the port marketing brochures designed by
Kerry Martin and Mystrom Advertising were ready to go to press; a blue
line copy was available in Martin's office for inspection. The 5,000
copies ordered would be delivered in late March.
870: B. ACM noted the City's participation in the weekend
community swim program. He thanked the Kenai Peninsula Borough School
District and Seward High School Principal Greg Moo for their help in
getting this much needed winter program underway.
C. ACM noted that City Manager Garzini and Seward Advisory
Trade Board member Willard Dunham were attending a port marketing
seminar in California.
t'."
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)-
PAGE 81
REGULAR MEETING - FEBRUARY 28, 1983
VOLUME 20
XII. CITY MANAGER REPORTS: (Cont'd)
330 :
D. City Attorney noted that the Supreme Court had ruled that
a new trial was necessary in the case of Engineering Sciences of Alaska
(ESAL) v. City of Seward. The original judgment had resulted in an
award of approximately $230,000 to the City and $30,000+ to ESAL; the
Court's ruling had set aside this judgment. City Attorney stated that
he was preparing a Petition for Rehearing and would make a further
report to Council after this petition had been considered.
I
E. City Attorney reported that the Century/Quadra
arbitration hearing had been scheduled for April 11-22, 1983, in Anch.
F. ACM noted that the Dairy Hill water and sewer draft
report would be available in the Clerk's office on Thursday. A public
hearing has been scheduled for the March 9, Planning and Zoning
Commission meeting.
XIII.
COUNCIL DISCUSSION:
Wilson: Wilson reported that he had attended the Southcentral
Port Commission meeting in Anchorage on February 25. Also in attendance
were representatives of Valdez, Anchorage and Whittier; Homer had been
omitted through an oversite. The delegates had decided not to
affiliate; instead, they would continue to meet informally with Seward
hosting the next meeting in a couple of months.
Swartz: In response to a question from Swartz, City Engineer
Dooley explained that Tim Pflum and Chris Gardner had made a visual
inspection of the west end of the Fourth Avenue dock. Their
observations indicated that this end of the dock was in a state of
active corrosion and needed immediate attention.
I
Cripps: Cripps noted that a Korean delegation representing
SunEel had been in Seward recently to visit the location of the proposed
coal shipping facility.
XIV. CITIZENS' DISCUSSION:
A. Beverly Dunham,
informal report on the most
Transfer Committee.
appearing from the audience,
recent meeting of the Alaska
gave an
Railroad
XV. ADJOURNMENT:
was adjourned at 8:07 p.m.
:!Ai as.
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-_\/-:~"
Q~pp~
Mayor
-----------------------------------------------------------------------------
I
Page 81
REGULAR MEETING - MARCH 14, 1983
VOLUME 20
1.
CALL TO ORDER:
The March 14, 1983, 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.
82
PAGE 82
REGULAR MEETING - MARCH 14, 1983
VOLUME 20
III. ROLL CALL:
Present were:
Mayor Cripps and Councilmembers Burgess,
Swartz, Meehan, Gillespie and Wilson
(Absent with Council consent O'Brien)
Present also:
City Manager Garzini, Assistant City Manager
Schaefermeyer, City Attorney Fred Arvidson,
City Clerk Reynolds and Deputy Clerk Audette
IV.
APPROVAL OF MINUTES:
( February 28, 1983)
I twas
follows: AYES:
NOES:
ABSENT:
ABSTAIN:
moved by Swartz, seconded by Meehan and motion carried as
Wilson, Swartz, Meehan, Burgess and Cripps
NONE
O'BRIEN
GILLESPIE
Gillespie stated that he was on vacation; therefore, he would abstain from
voting on the minutes.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the City Manager, it was moved by Swartz, second-
ed by Burgess and unanimously carried by all those present to hold an execu-
tive session immediately following the regular meeting to discuss the
Century/Quadra arbitration and the Chris Berg claim against the City.
The City Manager commented on the memorandum from the Department of
Natural Resources. The Department plans to initiate the necessary action to
establish a dedicated right-of-way for the Iditarod National Historic Trail.
Concern was voiced that the dedicated right-of-way might prevent the rail
spur into 4th of July from being built.
It was moved by Wilson, seconded by Gillespie 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
1.
March, 1983, Finance Department's list of accounts payable
totalling $484,973.71, was approved for payment and filed.
2. March 2, 1983, memorandum from Department of Natural
Resources, regarding the Iditarod National Historic Trail,
was noted for discussion and filed.
3. February 28, 1983, letter from Price Waterhouse, regarding the
Revenue Sharing Compliance was noted and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan Sewell
gave a verbal report of the Assembly meeting of March 1, 1983.
VII. PUBLIC HEARINGS:
NONE
VIII.
CITIZENS' DISCUSSION:
(With prior notice only)
120
Harvey Baker, Eric Swieter and Jean Cripps, representing the
Bluebirds of Seward, appeared from the audience. Baker and Swieter presented
the City Council with a petition, requesting the Mayor and Councilmembers to
proclaim Seward's support for Children and Hospitals Week-March 21-29, 1983.
Mayor Cripps with Council consent had the Acting Clerk read a Proclamation
which declared March 21-29, 1983 as Children and Hospitals Week.
I
150
820
I
500
I
n '~~
PAGE 83
REGULAR MEETING - MARCH 14, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
C. Resolutions:
1. Copies having been made available to the public.
noted by title only a proposed resolution entitled:
Cripps
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROPRIATING FUNDS TO SUPPORT THE SEWARD CHAMBER
OF COMMERCE
City Manager also noted the March la, 1983, memorandum from Assistant City
Manager Schaefermeyer indicating that the City Council on October 11, 1982
voted to contribute as a matching grant to the Chamber an amount not-to-
exceed $55,000 for the 1983 fiscal year. It was moved by Gillespie, seconded
by Swartz and unanimously carried by all those present to approve Resolution
No. 83-12.
2. 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, APPROPRIATING FUNDS TO THE DAY CARE ASSISTANCE
PROGRAM.
March 10, 1983, memorandum from Assistant City Manager Schaefermeyer was
noted. City Manager Garzini explained that the City participates in the Day
Care Assistance Program funded by the State. This program is administered by
the Seward Life Action Council under a sub-contract from the City. The
Council originally appropriated $29,000 for the Day Care Assistance Program
in FY 1983. The State of Alaska has appropriated an additional $41,983 to
the Day Care Assistance Program. Resolution 83-13 permits the disbursement
of the additional funds received from the State. It was moved by Meehan
seconded by Burgess and unanimously carried by all those present to approve
Resolution No. 83-13.
x.
UNFINISHED BUSINESS:
NONE
XI. NEW BUSINESS:
A. March 10, 1983, memorandum from Assistant City Manager
Schaefermeyer was noted. City Manager Garzini explained that the City had
received five proposals from firms wishing to perform the utilities cost of
service study. Analysis of the proposals is currently underway and the
Administration's recommendation will be presented to the Council at the March
21st meeting. The Administrative committee that will be reviewing the
proposals comprises of Finance Director Joe Gale, City Engineer Dennis Dooley
and Assistant City Manager Darryl Schaefermeyer. Councilmembers are welcome
to review the proposals and make comments at anytime. The proposals may be
seen in the Clerk's office. Cripps stated that he had no problem with the
proposal reviewing process. Cripps noted that there had been some concern
that the Council would be left out of the proposal reviewing process. Meehan
commented that the administration always has had an open door reviewing
process on the proposals. Swartz stated the size of the proposals should
determine the type of reviewing process and she has no problem with the cost
of service study review. Mayor Cripps with Council consent postponed the
awarding of the cost of service study until March 21, 1983.
84
PAGE
REGULAR MEETING-MARCH 14, 1983
VOLUME 20
XI. NEW BUSINESS:
730
B. Memorandum dated March 7, 1983, from Fire Chief Gage recom-
mending acceptance of bids for purchase of equipment. City Manager explained
that Gage was replacing worn out equipment. Following discussion by the
Council, it was moved by Gillespie, seconded by Wilson and unanimously
carried by all those present to approve the purchase of fire equipment.
XII. CITY MANAGER REPORTS:
A. City Manager Garzini stated that Ric Tillotson was feeling
better and had been moved from the intensive care area to the serious care.
408
B. CM noted that the proposal deadline for construction and
capital projects management services (83-2) is March 15, 1983, at 5:00 p.m..
The Clerk's office has received over 140 requests for RFP 83-2. Garzini
expects to receive at least 25 proposals. After the proposals are received
and reviewed, Council should plan on a work session to go over the short list
of proposals. One of the main criteria is a minimum of $5,000,000 errors and
omissions insurance. A time table has been established in order to bring the
firm awarded the contract on by May 1/15, 1983.
100
C. CM gave a report on Kent Dawson's lobbyist activities.
According to Dawson the $8,000,000 for the 4th of July MIP is still in the
budget and it looks like the Senate and House are finally getting together
with the Governor. Seward still has good support from both legislative
bodies on the MIP. Senate Bill No. 150, Department of Environmental Conser-
vation has appropriated $28,000,000 for payment as grants for water and sewer
facility; within this bill is 1.8 million appropriated for Lowell Canyon
Diversion Tunnel and 1.5 million for the Gateway subdivision. Seward has an
excellent chance of getting the money for the Gateway subdivision but if the
bill is cut the Lowell Canyon money might be lost.
Special
Projects
HIP
D. CM commented on the progress of the 4th of July Marine Indus-
trial Park Facilities. Berg will be back in operation to complete phase III,
the beginning of May. Century/Quadra is working on the bid packets for the
placement of the Syncro-Lift, which will be ready to go out for proposals by
the time we receive the appropriation from Juneau. The arbitration with
Century/Quadra begins April 11th in Anchorage.
XIII.
COUNCIL DISCUSSION:
A. Meehan, noted the letter from Congressman Don Young in refer-
ence to Alaska Navigation's proposal to begin serving the Port of Seward. CM
Garzini stated that telegrams had been sent to Young, Stevens and Murkowski.
Senator Murkowski is still working with us on this project. Dunham, appear-
ing from the audience and stated that the Subcommittee on Merchant Marine and
Fisheries would be holding a hearing on H.R. 1076, a bill to strengthen the
domestic waterborne commerce of the United States. He further stated he was
told that Mayor Cripps would be attending and giving testimony. Mayor Cripps
commented that he had not received an invitation to participate in the hearings.
Acting Clerk Reynolds stated that her office had not received anything by
mail or phone regarding the hearing.
B. Wilson, stated that he felt the report done by Paul Carr on
the prison site, in the amount of $4500.00, was not worth the money. CM
Garzini in response to Wilson's comment, reported that Carr had been asked to
redo the report.
C. Swartz, thanked Garzini for his report from Lobbyist Dawson
and requested that Dawson do more reporting to the Council.
'I
I
I
,:;s
PAGE 85
REGULAR MEETING - MARCH 14, 1983
VOLUME 20
XIl1.
COUNCIL DISCUSSION:
(cont. )
D.
DAY WEEK in
Reynolds read
Mayor Cripps, proclaimed
honor of the Campfire,
the proclamation.
March 14-20, 1983 as CAMPFIRE BIRTH-
Inc., 73rd birthday. Acting Clerk
XIV. CITIZENS' DISCUSSION:
A. Bob Valdatta, appearing from the audience, suggested the City
produce a calendar for community improvement projects that could be handled
by local contractors; such as ballfields, greenbelt area, restrooms, or other
projects that would be coming up this spring and summer. The calendar would
give interested local firms a chance to gear up if they intend to bid on the
project. Valdatta, further commented on the VECO lease at 4th of July and if
they still were meeting their obligations. CM Garzini stated at this time
VECO had met their contract.
B. Dave Cich, representing the Seward Chamber of Commerce,
appeared from the audience and stated that Peggy Arness had called him
regarding a visit from Don Young on March 28th. Congressman Young will be
staying overnight and the Chamber will probably have a public reception.
XV. ADJOURNMENT:
The meeting was adjourned at
8:47
Q~~
Donald W. Cripps
Mayor
!l "
. ;/ . "/L
II l'-r&" II t. D-JJ.t.f6
Mar;it1yn I.. Reynoty ~
Act'ing City Clerk'
(city seal)
PAGE 85
REGULAR MEETING - MARCH 21,1983
VOLUME 20
1.
CALL TO ORDER:
The March 21, 1983, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
I I. OPENING CEREMONY:
Councilmember Burgess led the pledge of allegiance to the
flag.
IlL
ROLL CALL:
Present were:
Mayor Cripps and Councilmembers Burgess,
Swartz, Meehan, Gillespie, O'Brien, Wilson
Present also:
City Manager Garzini, Assistant City
Manager Schaefermeyer, City Attorney
Arvidson, Acting City Clerk Reynolds and
Deputy Clerk Audette
PAGE 86
REGULAR MEETING - MARCH 21, 1983
VOLUME 20
IV.
APPROVAL OF MINUTES:
follows
written:
It was moved by Meehan, seconded by Burgess and carried as
to approve the March 14, 1983 Regular Meeting minutes as
AYES:
NOES:
ABSENT:
ABSTAIN:
Meehan, Gillespie, Burgess, Swartz, Wilson, Cripps
NONE
NONE
O'BRIEN
O'BRIEN stated that he was on vacation; therefore, he would
abstain from voting on the minutes.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
The City Manager requested the following additions to the
Regular Meeting Agenda:
XI. NEW BUSINESS:
B. Opposition to two legislative bills
XII. CITY MANAGER REPORTS:
A. Project inspection at Fourth of July
B. Project Management RFP 83-2
C. Special Meeting
Gillespie requested Zoning Ordinances and Civil Defense
Awareness be added to the Regular Meeting Agenda.
Mayor Cripps requested that his report on his Washington D.C.
trip be added to the Regular Meeting Agenda.
It was moved by Gillespie, 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. March 10, 1983, letter from Paul Fischer, State Senator,
regarding Senate Bill 15, relating to municipal grants
for water, sewage, and solid waste facilities, was noted
and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Assembly Representative Jonathan Sewell was
unable to be present; his written report was read aloud by the Deputy
Clerk.
VII. PUBLIC HEARINGS:
NONE
VII 1.
CITIZENS; DISCUSSION:
(With prior notice only)
NONE
IX. ORDINANCES AND RESOLUTIONS:
NONE
X.
UNFINISHED BUSINESS:
500 A. March 11, 1983, memorandum regarding a contract for water,
sewer and electric cost study from City Engineer Dooley was noted. City
Manager recommended the contract for the water, sewer and electric cost
study be awarded to Kennedy/Jenks Engineers. After Council discussion,
it was moved by Gillespie, seconded by O'Brien and unanimously carried
to award a Professional Services Contract in the amount of $21,000.00 to
Kennedy/Jenks Engineers.
I
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PAGE 87
REGULAR MEETING - MARCH 21, 1983
VOLUME 20
XL NEW BUSINESS:
420
A. A proposal from Daniel J. Golden Jr., C.C.I.M., and Wiley
F. Beaux,P.E., the only responsive bidders to RFP 83-1, relative to the
disposal of the Jesse Lee homesite property, was opened and read by
Cripps at 7:42 p.m. A bid price of $161,272.52 was listed; a cashier's
check for $20,000.00 was enclosed as earnest money. City Manager noted
a letter of inquiry had been received at his office regarding the Jesse
Lee sale. He suggested that the Administration review the submitted
proposal, noting that the Alaska Historic Sites Advisory Committee would
be considering the Jesse Lee Building as a nomination to the National
Register of Historic Places on March 25, 1983. Mayor Cripps, with
Council consent, directed the Administration to review the proposal and
the RFP-l requirements. City Manager, in response to a question from
Council, also noted that the City reserves the right to reject any or
all bids.
B. City Manager recommended that Council express its
opposition to Senate Bill 154 (An Act repealing the municipal exemption
option to the Public Employment Relation Act) and House Bill 200 (An Act
relating to individual rights of peace officers) at the Teleconference
scheduled for March 22, 1983 at 2:00 p.m.. Following Council
discussion, Cripps, with Council Consent, directed City Manager to
oppose both legislative bills at the Teleconference.
XII. CITY MANAGER REPORTS:
CON-049 A. City Manager recommended that Council consider hiring an
Inspection Team, with Errors and Omissions insurance, for the duration
of the Chris Berg, Inc. contract for pipe piling installation at the
Fourth of July Marine Industrial Center. He stated that there would be
no need for this service once a Construction Management Team was hired
in May. City Manager further noted that inspection money had already
been appropriated. Upon the recommendation of the City Manager, it was
moved by O'Brien, seconded by Wilson and unanimously carried to contract
with Peratrovich, Nottingham & Drage, Inc. in the amount of $35,000.00
to do the inspection of the Chris Berg pipe piling installation.
B. In response to an inquiry
Councilmembers Burgess, Wilson, and Swartz
interested in participating in the review
relative to Contract Management Services.
from the City Manager,
stated that they would be
of responses to RFP 83-2,
C. At the City Manager's request, Cripps, with Council
consent, set April 4, 1983 at 7:30 p.m. for a special Council meeting to
hear a presentation by Chris Berg, Inc, relative to their claim against
the City.
D. City Manager reported on his trip to Juneau.
XIII.
COUNCIL DISCUSSION:
GILLESPIE:
Gillespie voiced his concern over the Kenai Peninsula
Borough's withdrawal from the Federal Flood Plain insurance
program. Since this withdrawal leaves Seward without Flood
Plain insurance, the Administration was requested to research
other alternatives.
Gillespie also requested that the Administration review
the Planning and Zoning ordinance which restricts a family
residence from being located within a Commercial building.
In response to Citizen requests, Gillespie expressed his
concerns on Civil Defense planning and awareness. Cripps
agreed the preparedness plan was inadequate and asked that
this matter be placed on the agenda for the next Regular
Council meeting.
MEEHAN:
Meehan requested that the Administration send a letter to
our Legislators in support of two Senate bills: (1) Senate
Bill #9, establishing the Statewide Trail System and (2)
PAGE 88
REGULAR MEETING - MARCH 21, 1983
VOLUME 20
XII 1.
COUNCIL DISCUSSION: (Cont'd)
Senate Bill #128, establishing the Alaska Marine Park System.
The Senate Resource Committee will meet on March 23, 1983
concerning these two bills.
Meehan also complimented Willard Dunham on his letter to
Don Young requesting his support in opposing H.R. 1076.
CRIPPS:
Cripps reported on his trip to Washington D.C., stating
the community's position opposing H.R. 1076 was in the
minority. The three legislators from Washington state and
Representative Don Young from Alaska are in favor of H.R. 1076
because it will eliminate the applicability of the Third
Proviso to Alaska. Sea-Land, TOTE and Foss expressed their
concern over allowing foreign-hulled ships to transport cargo
to Alaska because they felt it would put thousands of
Americans out of work. At this time Cripps read an invitation
he had received from Canada-National to attend the celebration
at Whittier of the introduction of the Canadian built
"Aqua-Train" barge system.
Cripps thanked Willard Dunham for providing him with the
Jones Act back-up data for the presentation in Washington D.C.
XIV. CITIZENS' DISCUSSION:
A. Bob Valdetta appeared from the audience and expressed
concern over the local hire clause included in city contracts. City
Attorney Arvidson and City Manager assured Valdetta the City includes
the most stringent local hire clause legally possible in all their
contracts.
XV. ADJOURNMENT:
The meeting was adjourned at 9:20 p.m.
o~~
Donald W. Cripps
Mayor
PAGE
SPECIAL MEETING - APRIL 4, 1983
VOLUME 20
1.
CALL TO ORDER:
The April 4, 1983, regular meeting of the Seward City Council
was called to order at 7:30 p.m. by Vice Mayor Gillespie.
II. OPENING CEREMONY:
Councilmember 0' Brien led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Vice Mayor Gillespie and Councilmembers
Burgess, Meehan, 0' Brien, Swartz and Wilson
(Absent, with Council consent, was Mayor
Cripps)
Present also: City Manager Garzini, Assistant City Manager
Schaefermeyer, City Attorney Arvidson and City
Clerk Murphy
PAGE 89
SPECIAL MEETING - APRIL 4, 1983
VOLUME 20
NOTE: At the request of the City Manager, it was moved by Burgess,
seconded by Wilson and unanimously carried by all those present to hold
an executive session immediately following the close of regular business
to discuss a legal matter.
IV. SPECIAL ITEM:
CON-024:
A. Norman Berg, president of Chris Berg, Inc. (CBI),
appeared from the audience and outlined for Council his position in
CBI's claim against the City relative to dredging operations at the
Fourth of July Marine Industrial Center. Berg's claim centered around
the "Changed Conditions" clause in the contract--he stated that the
material to be dredged from the bay was materially different from that
specified in the contract. At the completion of his statement, Berg
introduced Stuart Oldes, attorney for CBI, and Ken Youngman, the person
responsible for formulating the bid for the dredging project. Oldes and
Youngman further expounded on Berg's position. At the completion of his
presentation, Berg and his associates fielded several questions from
Council.
I
V.
CITIZENS' DISCUSSION:
No one appeared from the audience in order to be heard.
VI. ADJOURNMENT:
The meeting was adjourned at 8:55 p.m.; and, after a brief
recess, Council reconvened in Executive session to discuss a legal
matter. '~'J ""'-"
I
~ a:- fut~~
J n F. Gillespie f
V ce Mayor
---------------------------------------------
PAGE 89
SPECIAL MEETING - APRIL 4, 1983
VOLUME 20
1.
CALL TO ORDER:
The April 4, 1983, special meeting of the Seward City Council
was called to order at 9:30 p.m. by Vice Mayor Gillespie.
II. OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Vice Mayor Gillespie, and Councilmembers
Burgess, Meehan, O'Brien, Swartz and Wilson
(Absent, with Council consent, was Mayor
Cripps)
I
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Assistant City Manager
City Attorney Arvidson and City
IV. SPECIAL ITEM:
A. March 31, 1983, memorandum from Assistant City Manager
CON-024:relative to a negotiated settlement with Chris Berg, Inc. (CBI)
regarding changed conditions and modifications to breakwater cells in
the course of construction of the Marine Industrial Center was noted.
City Manager stated that he and the City Attorney had met with CBI
PAGE 90
SPECIAL MEETING - APRIL 4, 1983
VOLUME 20
IV. SPECIAL ITEM: (Cont'd)
representatives for two days the previous week concerning the
settlement. He added that approval of Change Order No. 5 to the CBI
contract would result in a reasonable settlement to Berg. It was moved
by 0' Brien, seconded by Meehan and unanimously carried by all those
present to approve Change Order No.5, increasing the contract in the
amount of $231,000.
V.
CITIZENS' DISCUSSION:
No one appeared from the audience in order to be heard.
VI. ADJOURNMENT:
The meeting was adjourned at 9:34 p.m.
----------------------------------------------------
REGULAR MEETING - APRIL 11, 1983
VOLUME 20
1.
CALL TO ORDER:
The April 11, 1983, 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 Wilson led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were:
Mayor Cripps and Councilmembers
Gillespie, Meehan, Swartz and Wilson
was Councilmember O'Brien)
Burgess,
(Absent
Present also: City Manager Garzini and City Clerk Murphy
IV.
APPROVAL OF MINUTES:
carried
meeting
written.
It was moved by Meehan, seconded by Burgess and unanimously
by all those present to approve the March 21, 1983, regular
minutes and the April 11, 1983, special meeting minutes as
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested the following additions to the regular
meeting agenda:
VIII.
CITIZENS' DISCUSSION: (With Prior Notice Only)
D. Frank Dieckgraeff--Jesse Lee proposal
XL
NEW BUSINESS:
E. Seward General Hospital request for funds.
It was moved by Burgess, 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:
1. Resolution No. 83-14, charging off certain uncollectible
miscellaneous accounts totalling $819.02, was approved
and filed;
I
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PAGE 93
REGULAR MEETING - APRIL 11, 1983
VOLUME 20
VIII.
CITIZENS' DISCUSSION: (With Prior Notice Only) [Cont'd]
service in Seward. City Manager stated that there would be no objection
from the administration as long as there was some provision for Council
review of potential licensees prior to the transfer of the permits. In
response to a question from Burgess, City Manager stated that an
ordinance could be drafted by the attorney and worded in such a way as
to allow such a review. Cripps, with Council consent, instructed the
administration to proceed with the drafting of an ordinance for
introduction at the April 25 regular meeting.
D.
was deleted.
Frank Dieckgraeff failed to appear and this agenda item
IX.
ORDINANCES AND RESOLUTIONS:
None
X.
UNFINISHED BUSINESS:
A. April 11, 1983, memorandum from City Manager Garzini
relative to the response to the Jesse Lee Request for Proposals was
noted. City Manager briefly outlined the history of the City's
attempts to dispose of the Jesse Lee Home while still preserving its
historical flavor. City Manager stated that Golden and Associates had
submitted the only response to the RFP received by the City and added
that their bid of $161,000+ was more than the fair market appraised
value; he recommended that Council authorize the administration to
proceed with the drafting of a purchase agreement and the necessary
public hearings to accomplish the sale of the property. Following
further discussion, it was moved by Gillespie, seconded by Cripps and
unanimously carried by all those present to accept the administration's
recommendation and to direct the administration to enter into
negotiations with Golden and Associates for the purchase of the Jesse
Lee Home property.
B. April 9, 1983, memorandum from City Engineer Dooley
relative to a request for approval to negotiate a construction
management contract was noted. City Manager stated that 26 proposals
for construction management had been received by the City. Of these,
approximately one-half had been chosen for review by the consultant
selection committee (CSC); five had been interviewed. It was the
unanimous recommendation of the CSC that the City negotiate with
Acres/Hanscomb JV to perform construction management for the City,
holding the firm of Moulin in reserve in the event a fee could not be
negotiated. Following further discussion, it was moved by Wilson,
seconded by Swartz and unanimously carried by all those present to
comply with the administration's recommendation to negotiate with
Acres/Hanscomb for construction management.
XL
NEW BUSINESS:
A. April 6, 1983, memorandum from Administrative Assistant
Kerry Martin relative to a request from Del Branson to purchase timber
in the Fourth of July Creek area was noted. Martin explained that the
land would have to be cleared eventually; allowing Branson to log the
area to be cleared would generate additional income for the City and
would aid in the clearing. Wilson suggested that the property be open
to firewood cutters after logging operations are completed. Upon the
recommendation of the City Manager, it was moved by Gillespie, seconded
by Meehan and unanimously carried by all those present to find it in the
public interest to negotiate the sole source disposal of the timber
identified for sale, to have the AVTEC Forest Tech class proceed with
the cruising and marking of the timber in order to have the volumes of
timber available for sale purposes, and to authorize the sale of forest
products utilizing the US Forest Service rates.
B. April 6, 1983, memorandum from Administrative Assistant
Kerry Martin relative to a letter of interest from Steve Hightower for
the purchase of Lots 2-3, Block 9, Cliff Addition, was noted. City
Manager explained that the lots had been acquired by the City as a
result of a tax foreclosure. He further noted that the only portion of
9<f
PAGE 94
REGULAR MEETING - APRIL 11, 1983
VOLUME 20
XL NEW BUSINESS: (Cont'd)
the two lots needed by the City were the rights of way for Government
Road and the proposed sewer line. Burgess noted that, in order for the
City to retain those areas, it would be necessary to file a subdivision
map creating two different parcels. Gillespie added that an easier
route would be to acquire an easement from the new owners. Following
further discussion, it was moved by Burgess, seconded by Wilson and
unanimously carried by all those present to go along with the
administration's recommendation to proceed with the public bidding
process for the disposal of Lots 2 and 3, Block 9, Cliff Addition.
PARKS & R~e/Financel C. April 6 and 8, 1983, memoranda from Parks and Recreation
EQUIPMENT Director Noble relative to the purchase of a new tractor and accessory
equipment were noted. City Manager added that funding was available
within the Greenbelt Fund for the purchase of the tractor. Upon the
recommendation of the City Manager, it was moved by Wilson, seconded by
Burgess and unanimously carried by all those present to purchase a
tractor and accessory equipment from All Seasons Equipment, Inc. for a
price of $12,091.
D. April 4, 1983, memorandum from City Clerk relative to a
request from Community and Regional Affairs Commissioner Mark Lewis for
a nomination for the Resource Development Council's annual Environmental
Enhancement Award was noted. Council decided to forego submitting a
nomination for the award this year.
E. April 7, 1983, letter from Seward General Hospital (SGH)
Administrator C. Keith Campbell was noted. Campbell stated that the SGH
Board was requesting the transfer of $35,000 in sales tax revenues to
the hospital to help meet revenue shortfalls. Campbell noted that he
was closely monitoring the City's budget process and would be coming to
Council soon with a defensible hospital budget for its consideration.
In response to a question from Cripps, City Manager stated that only a
consensus of Council was needed at this time; a resolution appropriating
the funds would be presented for action at the next regular meeting. No
objection was expressed.
XII. CITY MANAGER REPORTS:
A. City Manager reviewed the status of the Century/Quadra
arbitration hearings now in progress in Anchorage and reported that
Assistant City Manager Schaefermeyer was in attendance.
B. City Manager noted that Nuggett Properties had applied
for a permit from the Corps of Engineers to place rip rap and fill in
the area surrounding the proposed development of condominiums in the
Lowell Point area. He advised Council to watch this project closely;
although not located within the City, the residents of the Lowell Point
area were requesting City electrical power, water and sewer. City
Manager also discussed possible liability incurred the if City continued
to maintain the section of road leading to the Wastewater Treatment
facility.
C. City Manager stated that he had investigated two areas of
concern voiced by Gillespie at the March 21 meeting--flood plain
insurance and civil defense. He stated that the Borough Mayor was
looking at local government option relative to insuring flood plain
areas and added that the Planning and Zoning Advisory Board was meeting
weekly to update and revise the Seward Comprehensive Plan and would
include this topic in its discussions. City Manager also noted that the
Borough, along with the City Fire Chief and Police Chief, were looking
at the City's present civil defense plan with an eye toward upgrading
it. He added that he might soon come to Council with a proposal for a
back-up generation plan.
XII 1.
COUNCIL DISCUSSION:
SWARTZ:
Swartz noted an increase in the speed of traffic
traversing Second Avenue and asked that the Police make an
attempt to slow it down.
c~ l
PAGE 91
REGULAR MEETING - APRIL 11, 1983
VOLUME 20
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA: (Cont'd)
2. February, 1983, invoice from Hughes, Thorsness, Gantz,
Powell and Brundin for legal services rendered in the
amount of $8,801.80, was approved for payment and filed;
3. April 6, 1983, Finance Department's list of accounts
payable totalling $865,634.80, was approved for payment
and filed;
I
4.
March 15, 1983, letter from Alaska State Geographic Names
Board relative to naming Mt. Kennybaker was noted for
information and filed;
5. March 9, 1983, Order to Show Cause relative to
application of Alaska Aeronautical Industries, Inc. for
certificate of public convenience and necessity was noted
for information and filed; and
6. April 4, 1983, letter from Senator Joe Josephson relative
to Seward's support of Senate Bills 9 and 128 was noted
for information and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the April 5 Borough Assembly meeting.
VII. PUBLIC HEARINGS:
I
GATEWAY SUB. A. Notice of Public Hearing relative to the proposed
exchange of privately owned parcels (identified as Lots 22-24, Block 1,
Lots 1-7, Block 8, Lots 1-7 and 34-40, Block 9, Terminal Addition) for
publicly owned Tract C in the preliminary plat of the proposed Gateway
Subdivision, as published and posted as required by law, and April 4,
1983, memorandum from Administrative Assistant Martin were noted. After
pointing out the referenced parcels on a plat map displayed in Council
Chambers, Martin briefly outlined the events leading up to the proposed
exchange of land with D. L. Snellman. He noted that Snellman had agreed
to exchange his land holdings within Terminal Addition for a comparable
amount of land within the multi-family portion of the new Gateway
Subdivision and to be a co-petitioner with the City in the vacation of
Terminal Addition, the platting of the newly formed Gateway Subdivision
and the rezoning of that portion of the Gateway Subdivision designated
as multi-family. He further agreed to provide a right-of-way through
his private holdings north of Gateway Subdivision as an alternate access
route into the development from Forest Acres. Public Hearing was
opened. In response to a question from Greg Moo, Seward High School
Principal, Martin stated that there would be no roadway access through
school property. He added that a pedestrian-way would connect the
subdivision with the school. Willard Dunham, Forest Acres, Seward,
appeared from the audience and expressed his concern that access through
Forest Acres would add to an already hazardous traffic pattern and urged
the City to study this situation carefully. No one else appeared from
the audience in order to be heard and the public hearing was closed.
Cripps noted that he had been involved in discussions with Snellman in
Seattle and had found him to be amenable to going forward with the
City's plans.
I
GATEWAY SUB. B. Notice of Public Hearing relative to the proposed
purchase of Lots 10-12, Block 1, Terminal addition from Wilma Weber, as
published and posted as required by law, and April 4, 1983, memorandum
from Administrative Assistant Martin were noted. Martin once again
pointed out the subj ect property on a plat map displayed in Council
Chambers and pro ceded to outline his recent negotiations with Ms. Weber
for the purchase of her property. He noted that this parcel was one of
the two privately owned parcels within the proposed Gateway Subdivision.
Since the other private land holder has agreed to exchange his Terminal
Addition holdings for comparable square footage in the new Gateway
Subdivision, purchase of Weber's property would allow the City to
92
PAGE 92
REGULAR MEETING - APRIL 11, 1983
VOLUME 20
VII. PUBLIC HEARINGS: (Cont'd)
proceed with vacation of the Terminal Addition and the final platting of
the Gateway Subdivision. Public Hearing was opened; no one appeared
from the audience in order to be heard and the public hearing was
closed.
In response to a question from Cripps, City Manager noted
that formal action on the above proposals was not needed at this time.
Council voiced no obj ection to proceeding with the necessary public
hearings required by law for both the land exchange and the acquisition
of Lots 10-12, Block 1, Terminal Addition.
VIII.
CITIZENS' DISCUSSION: (With Prior Notice Only)
A. Linda Lamberson, Vice President of the Gateway Children's
Center (GCC) Board of Directors, appeared before Council and requested a
grant in the amount of $3,000 to partially fund the installation of a
sprinkler system in the basement of the First Baptist Church (FBC). GCC
is currently housed in the church basement; the sprinkler system is
needed to comply with the Alaska State fire regulations for daycare
safety. In response to a question from Swartz, Lamberson noted that GCC
serves 48 families in the Seward area and cares for 45-85 children per
month. City Manager recommended approval of the grant contingent upon
FBC granting a long-term (minimum 2.5 years) lease to GCC; Lamberson
stated that this condition had been met. It was moved by Gillespie and
seconded by Swartz to grant GCC $3,000 for the purchase and installation
of a sprinkler system in the basement of the First Baptist Church.
Wilson and Meehan voiced their obj ection to City funding of capital
improvements to a church or privately-owned structure. Gillespie then
amended his motion to make the grant contingent upon FBC amortizing the
cost at the rate of a $100 per month rent reduction to GCC. Burgess
noted that FBC probably could not afford to reduce the nominal fee
presently charged GCC; the amendment died for lack of a second. Cripps
and Swartz both expressed their support for the grant stating that the
service provided was vital to the community and an alternative was not
readily available. Gillespie withdrew his original motion. Following
further discussion, it was moved by Gillespie, seconded by Swartz and
carried as follows to grant Gateway Children's Center $3,000 for the
installation of a sprinkler system in the basement of First Baptist
Church:
AYES:
NOES:
ABSENT:
Burgess, Cripps, Gillespie, Meehan and Swartz
Wilson
O'Brien.
B. Willard Dunham and Dale Lindsey, representing the Spring
Creek Prison Facility Task Force, apprised Council of progress made by
the Task Force in informing the Community of the pros and cons of the
possible location of a maximum security prison in Seward and asked
Council's direction in how to proceed with future lobbying efforts in
Juneau. They noted that a public meeting was scheduled for 7:30 p.m.,
Monday, April 18, in the High School auditorium. Dunham noted that it
was up to the City to present a "hard dollar package" to the State,
explaining that the City could complete construction of the facility
cheaper and more expeditiously than could the State. The Clerk was
instructed to schedule a public hearing before Council for Monday,
May 2. Dunham then introduced Wally Roman, Vocational Rehabilitation
Coordinator for the State Department of Corrections, who fielded
questions from the Council concerning the institution of prison
industries in State correctional facilities. Roman stated that the
presence of AVTEC and the proposed industrial center to be located at
Fourth of July Creek would be viewed favorably when Seward is considered
as a possible site for the prison.
RECESS:
p.m.
The meeting was recessed at 8:50 p.m. and reconvened at 9:05
C. Ivan Darbyshire, co-owner of Legion Pioneer Cab Co.,
appeared before Council and requested that Section 20-2 of the Seward
City Code be amended to delete the word "nontransferable" from the
description of the City permit required for operation of a taxicab
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PAGE 95
REGULAR MEETING - APRIL 11, 1983
VOLUME 20
XIII.
COUNCIL DISCUSSION: (Cont'd)
GILLESPIE:
Gillespie noted request of Harbor Air for City aid in
establishing public restroom facilities at the airport was a
valid one and asked if the administration had investigated
this matter. City Engineer stated that these services are
commonly provided by the carrier servicing the airport in
question. City Manager added that the administration would
continue to seek State support for this project, noting that
it would not be wise for the City to set a precedent of
providing services at a State-owned facility.
WILSON:
In response to a question from Wilson, Martin indicated
that the Borough was working on zoning maps for use by the
Planning and Zoning Advisory Commission.
MEEHAN:
Meehan asked the administration to prepare a cost
comparison analysis of "in-house" vs. "outside firm"
construction management. He also stated that he would like to
see some progress on the Greenbelt Proj ect this year and
voiced his concern over the dwindling fund balance in that
account. Meehan was also concerned about the continued
parking of campers on Main St. (Fourth Ave.); City Manager
stated that the Chief of Police was investigating an alternate
area for camper parking.
CRIPPS:
Cripps noted a letter he had received from the Forest
Service asking for any information available concerning
members of the CCC during the 30's and 40's. He also informed
Council that the annual dues for the National League of Cities
(NLC) were on the rise and suggested that Council consider
whether it wished to retain its affiliation with the NLC. He
also noted that the Governor had failed to select the City's
nominee for the State Jobs Council, adding that one member had
been chosen from the Kenai Peninsula. Cripps went on to say
that the Governor was requesting input from the Council and
the community on the proposed time zone changes for the State.
Cripps congratulated the City staff on its handling of
the construction management selection. In particular, he
praised the dedication displayed by Assistant City Manager
Schaefermeyer in the selection process and the Century/Quadra
arbitration hearings now in progress.
XIV. CITIZENS' DISCUSSION:
A. Keith Campbell, Forest Acres, appearing from
audience, asked if Seward Fisheries would once again be setting
camping area for transient cannery workers. City Manager stated
the Administration would follow up on this matter.
the
up a
that
B. Dennis Scholl, Dairy Hill, appearing from the audience,
asked why the power lines to the marine industrial center had been
placed directly across the the view from the Kerttula Scenic Viewpoint.
City Manager stated that the decision to do so was either an engineering
one or an economic one.
XV.
ADJOURNMENT:
was adjourned at 10:50 p.m.
Q~p~
Mayor
96
PAGE 96
REGULAR MEETING - APRIL 25, 1983
VOLUME 20
1.
CALL TO ORDER:
The April 25, 1983, 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,
Gillespie, Meehan, O'Brien, Swartz and Wilson
Present also: City Manager Garzini and City Clerk Murphy
IV. APPROVAL OF MINUTES:
carried
written.
It was moved by Swartz,
to approve the April 11,
seconded by Meehan and unanimously
1983, regular meeting minutes as
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager
Nancy Barnard relative
from the agenda. The
agenda:
requested that Item VIII. A, a presentation by
to a proposed mobile food service, be deleted
Mayor requested the following addition to the
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
C. Don Ennis--Jesse Lee Home sale.
It was moved by O'Brien, seconded by Wilso~ and unanimously carried to
approve the regular meeting agenda as amended and the consent calendar
as presented, and the following actions were taken:
380/930:
1.
Resolution No. 83-15, appropriating $3,000 to Gateway
Children's Center for the purchase and installation of a
sprinkler system, was approved and filed;
380/950:
2.
Resolution No. 83-16, appropriating $35,000 from sales
tax revenues to Seward General Hospital, was approved and
filed;
320 :
3.
March 1983, invoice from Hughes, Thorsness, Gantz, Powell
& Brundin for legal services totalling $14,916.93, was
approved for payment and filed; and
4. April 11, 1983, letter from Roger V. Endell, Division of
Corrections, relative to proposed maximum security
prison, was noted for information and filed.
SPECIAL ITEMS:
030: At the request of the Mayor, the Clerk read aloud the
following two proclamations:
May--Litter Prevention and Cleanup Month
May 8-14, 1983--Small Business Week.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the Assembly meeting of April 19, noting
that the Assembly had recessed just after midnight on the night of the
19th and had reconvened on Thursday, April 21 to complete the meeting.
Following his presentation, he fielded several questions from the
Council.
VII. PUBLIC HEARINGS:
None.
085:
I
440 :
I
t1 ,",,'
PAGE 97
REGULAR MEETING - APRIL 25, 1983
VOLUME 20
VII 1.
CITIZENS' DISCUSSION: (With Prior Notice Only)
A. Deleted.
B. Pat Riley, Personnel Director for Seward Fisheries, Inc.
(SFI), appeared from the audience and requested Council consent to set
up a camper park to house transient cannery workers. Riley reminded
Council that a similar permit had been granted in June, 1982. In
response to a question from O'Brien, City Manager stated that the
administration did not object to the issuance of a temporary permit, but
noted that SFI should look into making more permanent arrangements in
the future. Following further discussion, it was moved by O'Brien,
seconded by Swartz and carried as follows to issue a permit to Seward
Fisheries to operate a temporary camper park for a period of time not to
exceed one (1) year:
AYES:
Burgess, Cripps, Gillespie, O'Brien, Swartz
and Wilson
None
Meehan.
NOES:
ABSTAIN:
Meehan abstained due to the fact that he is an employee of SFI.
C. Don Ennis, appearing from the audience, read aloud a
letter from Duane DuCharme relative to the proposed sale of the Jesse
Lee property. Ennis asked that Council instruct the administration to
discontinue negotiations with Golden and Associates until his Client,
DuCharme, could view the subject property and make a cash offer to the
City for the parcel. He added that, if DuCharme developed the property,
he would guarantee 95% local (Seward) hire. City Manager recommended
that the administration be allowed to continue with its negotiations
with Golden, noting that the City had advertised the RFP for 45 days,
had received only one proposal (from Golden) and had been instructed to
negotiate a sale document with Golden. He added that the City should
not violate the integrity of the bid process by abandoning the
negotiations in midstream just because another offer had been made.
Gillespie and Meehan stated that they did not wish to appear unethical,
but felt the City should investigate a "cash" offer and the possibility
of a construction project which would guarantee 95% local hire. O'Brien
reminded Council that it had voted to negotiate the sale with Golden at
the April 11 meeting; to make a 1800 turn at this point would place the
City in a bad light. He recommended that the City accept a "backup"
offer from DuCharme, but continue with the negotiations now underway.
In response to a question from Cripps, City Manager stated that he could
complete negotiations and have a proposal before Council at the May 23
meeting. It was moved by O'Brien, seconded by Gillespie and unanimously
carried to table the matter until the May 23, regular meeting.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
365/990: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance amending Chapter 20 of
the City Code relative to taxicabs entitled:
I
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, AMENDING CHAPTER 20, SEWARD
CITY CODE, TO ALLOW TRANSFER OF PUB-
LIC VEHICLE PERMITS WITH CITY COUN-
CIL APPROVAL, TO INCREASE INSURANCE
REQUIREMENTS, AND TO DELETE GENDER
BASED CLASSIFICATIONS.
Following discussion, it was moved by O'Brien, seconded by Meehan and
unanimously carried to introduce proposed Ordinance No. 514. Public
hearing was set for May 9.
085/365: 2. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance amending the City Code
relative to peddlers, solicitors, and transient merchants entitled:
98
PAGE 98
REGULAR MEETING - APRIL 25, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
ORDINANCE
A.
Ordinances for Introduction: (Cont'd)
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, AMENDING CHAPTER 15 AND RE-
PEALING AND RE-ENACTING CHAPTER 16,
SEWARD CITY CODE, REGULATING PED-
DLERS, SOLICITORS, ETC.
It was moved by Meehan, seconded by Burgess and unanimously carried to
introduce proposed Ordinance No. 515. Public hearing was set for May 9.
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
None
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
A. April 8, 1983, letter from Candee Frankel relative to the
Governor's annual volunteers award was noted. The Council instructed
the Clerk to run an ad in the local newspaper requesting nominations
from the public.
XII. CITY MANAGER REPORTS:
City Manager reported that DOT would be installing a public
restroom at the airport. He also gave a status report on the Greenbelt
project (work has begun) and the Century/Quadra arbitration (hearings
have been recessed for 6 weeks). Garzini noted that the City
campgrounds would reopen May 1.
City Manager informed Council that the Governor had approved a
$6.1 million appropriation for installation of the shiplift at the
Marine Industrial Center; he added that he anticipated installation
before season's end.
City Manager noted that the proposed FY 84 budget had
distributed to Council. He added that public hearings have
scheduled for May 9 and 23.
been
been
XIII.
COUNCIL DISCUSSION:
Burgess
Burgess asked that the administration investigate the
possibility of replacing the bridge over Spruce Creek.
0' Brien agreed that the bridge was a problem and suggested
that the City Manager look into the possibility of Federal
funding for a new bridge.
MEEHAN
Meehan asked the administration to report on the status
of possible electrical hook-up for the Ferry and future
dredging of the Small Boat Harbor to accommodate larger boats.
He also asked the City to consider taking a stand on HB 304
which would exempt communities with a population under 5,000
from the provisions of the Little Davis-Bacon Act.
O'Brien
O'Brien asked the administration to investigate the
possibility of constructing and operating a hatchery similar
to the one in Juneau as a way of providing additional jobs for
Seward.
PAGE 99
REGULAR MEETING - APRIL 25, 1983
VOLUME 20
XIII.
COUNCIL DISCUSSION: (Cont' d)
Swartz
Swartz voiced her concern for alleged public nuisance and
building code violations on property located just north of
Adams on Third Avenue. She requested that the Building
Inspector investigate the property and issue abatement orders.
I
Cripps
Cripps reported the death of Hiroshi Yoshimura, former
Mayor of Obihiro. Yoshimura and Bob Richardson, former Mayor
of Seward, initiated the Seward-Obihiro Student Exchange
Program.
Cripps also reported on his trip to Whittier to attend
the Canadian National Railroad Aqua Train inaugural.
XIV.
CITIZENS' DISCUSSION:
No one appeared from the audience in order to be heard.
XV. ADJOURNMENT:
0.tJje~
Donald W. Cripps
Mayor
----------------~-------------------------------------------------------
PAGE 99
SPECIAL MEETING - MAY 2, 1983
VOLUME 20
I
1.
CALL TO ORDER:
The May 2, 1983, special meeting of the Seward City Council
was called to order at 7:30 p.m. by Mayor Donald W. Cripps.
11. OPENING CEREMONY:
Councilmember Burgess led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan, O'Brien and Wilson (Absent,
with Council consent, was Councilmember Swartz)
Present also: City Manager Garzini and City Clerk Murphy
IV. PUBLIC HEARINGS:
I
A. Notice of Public Hearing relative to the location of a
proposed maximum security prison in the Seward area, as published and
posted as required by law, was noted. Cripps asked that any member of
the audience wishing to address the Council approach one of the two
microphones at the front of the auditorium, state his name and residence
address for the record, and limit his presentation to 5 minutes or less.
He also noted that, since effect of this issue encompassed the greater
Seward area, comments would be accepted from people living outside the
corporate limits of the City.
Public hearing was opened, and the following people
appeared from the audience in order to be heard:
DON MCCLOUD, 208 Marathon Drive, Seward, stated that the
addition of a prison to the Seward area was a positive
approach to getting industry into Seward.
100
PAGE 100
SPECIAL MEETING - MAY 2, 1983
VOLUME 20
IV. PUBLIC HEARINGS: (Cont'd)
WILLARD DUNHAM, Forest Acres, Seward, thanked the Council
for conducting the public hearing and added his support for
the location of the prison in Seward. He noted that the
proposed prison would provide well-paying, year-round jobs for
a large number of Seward residents and urged that Council
approve the up-coming resolution in support of the prison.
GEORGE HUDAK, Bluefield Drive, Seward, stated that he was
suspicious of the project but not totally opposed to it. He
voiced his concern that a sudden influx of people, brought on
by the operation of the Marine Industrial Center (MIC) ,
compounded by the addition of a prison facility, would change
the character of the town. City Manager explained that the
MIC's effect on the community would be cyclical in nature, in
good years employing up to 200 people and in other years
employing only 30-40.
JACK WERNER, Third Avenue, Seward, cast an affirmative
vote for the prison. He added that he could see no negatives
associated with the placement of a maximum security prison in
the community.
PAUL PAQUETTE, Lowell Point, stated that while he was not
opposed to industry in the form of a prison adjacent to the
MIC, he felt that the community should steer away from
State-financed projects at this time, citing the dwindling oil
revenues as well as the cost over-runs and hidden costs
associated with most government-financed projects. He added
that Seward should be pursuing private industry.
MICHAEL EPSTEIN, Resurrection Road, stated that, contrary
to statements at the last public meeting, this industry was
not inflation-proof. He felt that when a budget crunch comes,
the prison system would experience heavy cuts in all but
security-related jobs. He also was opposed to the location of
the prison in Seward on moral grounds, stating that many
people were locked up unjustly.
HAROLD DAVIS, 609 Third Avenue, Seward, stated that in
his 42 years in Seward, several attempts had been made to lure
private industry to the town; all had failed. He noted that
the major employer in the area was AVTEC, and funding for that
institution was largely political. He voiced his affirmative
vote for location of the prison in Seward.
ROBERT BOOHER, 521 First Avenue, Seward, was also in
favor of passage of the resolution supporting the location of
the proposed prison in Seward. He noted that AVTEC and the
prison could work together harmoniously and to the benefit of
both facilities. He added that education and corrections are
statistically the highest employment-generating facilities as
well as being environmentally cleaner than other industries.
KEITH CAMPBELL, Birch Street, Forest Acres, Seward,
s ta ted that, originally, he was opposed to this proposal.
After attending the last hearing and carefully considering the
impact the prison could have on Seward, he now urged support
of the location of the prison in Seward.
No one else appeared from the audience in order to be heard, and the
public hearing was closed.
V.
RESOLUTIONS:
A. Copies having been made available to the public, the
Clerk read in its entirety a proposed resolution entitled:
... """'
1, I,
PAGE 101
SPECIAL MEETING - MAY 2, 1983
VOLUME 20
V.
RESOLUTIONS: (Cont'd)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEWARD, ALASKA, RE-
QUESTING THAT THE STATE OF ALASKA
LOCATE ITS PROPOSED MAXIMUM SE-
CURITY PRISON ADJACENT TO THE
SEWARD MARINE INDUSTRIAL CENTER AT
FOURTH OF JULY CREEK.
I
It was moved by Wilson, seconded by Meehan and unanimously carried by
all those present to approve Resolution No. 83-17.
VI. CITIZENS' DISCUSSION:
A. Willard Dunham thanked the Council for approving
Resolution No. 83-17.
VII. ADJOURNMENT:
The meeting was adjourned at 8:07 p.m.
c
~.~~
Donald W. Cripps
Mayor
PAGE 101
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~;[----~T~. ,~--------------------------------------------
,~KEGULAR MEETING - MAY 9, 1983 VOLUME 20
1.
CALL TO ORDER:
I
The May 9, 1983, regular meeting was called to order at 7:30
p.m. by Vice Mayor John F. Gillespie.
II. OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Vice Mayor Gillespie and Councilmembers Bur-
gess, Meehan, O'Brien, Swartz and Wilson
(Absent, with Council consent, was Mayor
Cripps)
Present also: City Manager Garzini, 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 April 25, 1983, regular
meeting minutes and the May 2, 1983, special meeting minutes as written.
V. APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
I RES/GRANTS/ It was moved by O'Brien, seconded by Swartz and unanimously
SPC.PROJ:carried by all those present to approve the regular meeting agenda and
the consent calendar as present, and the following action was taken:
Resolution No. 83-19, accepting $6.1 Million from the State of
Alaska for installation of the shiplift at the Fourth of July
Creek Marine Industrial Center was approved and file.
V1. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the KPB Assembly meeting of May 3, 1983.
-()')
-......::-.
PAGE 102
REGULAR MEETING - MAY 9, 1983
VOLUME 20
VII. PUBLIC HEARINGS:
BUDG:
A. City Manager noted that declining State revenues had been
considered in preparing the proposed FY 84 budget. He further noted
that the budget contained no new permanent positions, no increase in the
mill levy, a lower dependence on State revenues, and a substantial cut
in overtime. Notice of public hearing as published and posted by law
relative to the proposed FY 84 budget 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.
O'Brien noted that the Seward General Hospital Board had
approved its FY 84 operating budget, adding that those figures had been
plugged into the City budget.
On the recommendation of the City Manager, a budget work
session was scheduled for 7:00 p.m., Monday, May 16. Department Heads
were instructed to appear and answer any questions which might arise
concerning their individual departmental budgets.
VIII.
CITIZENS' DISCUSSION: (With Prior Notice Only)
t-IARINA SUB/ A. Dale Clemens appeared from the audience and requested
LEASES: Council permission to construct an addition on Lot 1, Block 1, Marina
Subdivision for the storage of Fish House merchandise. Gillespie noted
that the subject property was leased from the City by Clemens. It was
moved by Wilson, seconded by Meehan and unanimously carried by all those
present to accept Clemen's proposal providing that all fees, taxes and
bills are up-to-date and that the addition meets all building codes.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
ORD/TAXICABS: 1. Copies having been made available for the public,
Gillespie noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, AMENDING CHAPTER 20, SEWARD
CITY CODE, TO ALLOW TRANSFER OF
PUBLIC VEHICLE PERMITS WITH CITY
COUNCIL APPROVAL, TO INCREASE INSU-
RANCE REQUIREMENTS, AND TO DELETE
GENDER BASED CLASSIFICATIONS.
Notice of public hearing as published and posted by law 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. In response to a
question from O'Brien, City Manager explained that deletion of the word
"noncancelable" from Section 20-6 would solve any problem that might
arise for permit holders while still protecting the City, noting that
the insurer was still required to notify the City within five days in
the event that the insurance policy was cancelled. Following
discussion, it was moved by O'Brien, seconded by Wilson and unanimously
carried by all those present to enact Ordinance No. 514, as amended to
delete the word "noncancelable" from Section 20-6.
ORD/CITY LIC: 2. Copies having been made available to the public,
Gillespie noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, AMENDING CHAPTER 15 AND RE-
PEALING AND RE-ENACTING CHAPTER 16,
SEWARD CITY CODE, REGULATING PED-
DLERS, SOLICITORS, ETC.
Notice of public hearing as published and posted by law was noted and
the public hearing was opened.
PAGE 103
REGULAR MEETING - MAY 9, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
ORD/CITY LIC.
(cont'd):
B. Ordinances for Public Hearing and Enactment: (Cont'd)
I
DAVE CICH, representing the Seward Chamber of Commerce,
complimented the City Attorney on the new ordinance but
expressed some concern over its application to the Chamber of
Commerce during holiday events such as Fourth of July and
Salmon Derby. City Manager explained that the Chamber would
be exempt from the provisions of the ordinance under Section
16-3.
BUZZ BROWN, Homer, Alaska, representing Jehovah's
Witnesses, cited case law from the U.S. Supreme Court and the
U.S. District Court which stated that provisions of ordinances
regulating peddlers, solicitors, etc., did not apply to
Jehovah's Witnesses. He added that his presence at the
meeting was made in the interest of imparting information and
avoiding embarrassment to the City. City Manager and City
Attorney both expressed some surprise at the position taken by
the Jehovah's Witnesses. City Manager explained that the
Administration had been approached by a member of the sect who
had inquired about City law concerning door-to-door
activities. The City Attorney had advised that a permit would
be required; one had been issued, free of charge, with certain
conditions; i.e. signs suggesting that the residents of a
particular dwelling did not wish to be disturbed should be
honored as well as a condition that care be taken not to
litter the surroundings by leaving brochures on sidewalks or
in mail boxes.
No one else appeared from the audience in order to be heard, and the
public hearing was closed.
I
In response to a question from Swartz, City Manager explained
that the only property affected by the ordinance regulating vending or
selling was City-owned property, adding that the standard of unmet needs
and the standard of aesthetics would be employed in determining what
type of vending would be allowed and the locations open for vending. In
response to a question from Burgess, Garzini explained that anyone
wishing to open a temporary business on private property would first
have to meet all building, zoning and health codes relevant to the type
of business initiated. City Attorney explained to O'Brien that the City
would be assuming no additional liability by allowing vending on public
property without requiring insurance.
Following further discussion, it
by O'Brien and unanimously carried by
Ordinance No. 515.
was moved by Meehan, seconded
all those present to enact
C. Resolutions:
RES/CITY LIC: 1. Copies having been made available to the public,
Gillespie noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, SETTING
FEES FOR THE SOLICITATION OF SALES
OR FUNDS ON CITY PROPERTY.
I
It was moved by Meehan, seconded by Swartz and unanimously carried by
all those present to approve Resolution No. 83-18.
X.
UNFINISHED BUSINESS:
A. May 3, 1983, memorandum from City Clerk suggesting that
Council nominate Mary Huss for the Governor's Annual Volunteers Award
was noted. City Manager added that he would like to add Rick
Tillotson's name to the list of nominees. It was moved by Swartz,
seconded by Burgess and unanimously carried by all those present to
nominate Rick Tillotson and Mary Huss for the Governor's Volunteers
Award.
~o .'
-L '+
PAGE 104
REGULAR MEETING - MAY 9, 1983
VOLUME 20
XI. NEW BUSINESS:
EQUIPMENT: A. May 2, 1983, memorandum from Finance Director Joe Gale
relative to the proposed purchase of micro-filming equipment was noted.
Gale explained that there had been an on-going dialog between the
Finance Department, the City Clerk's Department and the Police
Department concerning records storage. He added that, due to the
relatively small volume of records to be copied and stored by the City,
it would be more cost effective to purchase micro-filming equipment
outright and complete the filming in-house than to hire an outside firm
to do the filming for the City. Gale further stated that sufficient
savings had been realized in the Finance Department's FY 83 budget to
cover the cost of the equipment. Also noted was the fact that AVTEC and
Seward General Hospital were interested in using the City's equipment to
help with their own records storage problems. O'Brien suggested that a
fee schedule be devised for use of the equipment by other agencies.
Swartz countered that there is a lot of reciprocal work done between the
various agencies within the City and that "things even out in the end".
Following further discussion, it was moved by Wilson, seconded by Meehan
and unanimously carried by all those present to approve the purchase of
micro-filming equipment as outlined in Gale's memo.
EQUIPMENT: B. April 29, 1983, memorandum from Finance Director Joe Gale
relative to the proposed purchase of three computer programs from IBM
was noted. Gale explained that the cost of the programs ($5100) was
equivalent to approximately 2 years' rental, adding that there were
funds in the FY 83 budget to cover the cost of purchasing the programs
outright. Following discussion, it was moved by O'Brien, seconded by
Swartz and unanimously carried by all those present to approve the
expenditure of a sum not to exceed $5,100 for the purchase of the three
IBM programs.
PARKS & REC: C. April 26, 1983, memorandum from Parks and Recreation
Director John Noble relative to the proposed purchase of equipment for
Tot Lot enhancement was noted. Noble explained that the multi-level
play structure recommended for purchase would replace the existing
equipment now in place, adding that this equipment could no longer be
maintained in a safe condition for children to play on. He also noted
that the surface of the Tot Lot would be covered with wood chips to
further insure the safety of our children. Following further
discussion, it was moved by Burgess, seconded by Swartz and unanimously
carried by all those present to approve the purchase of Tot Lot
equipment as outlined in the referenced memo.
PARKS & REC: E. (TAKEN OUT OF ORDER AT THE REQUEST OF THE CITY MANAGER.)
May 4, 1983, memorandum from Parks and Recreation Director Noble
relative to Seventh Avenue Greenbelt improvements was noted. Noble
explained that the City, in an effort to assure construction by a local
contractor, had approached the only supplier of concrete in town, METCO,
Inc., for a bid on concrete work in the proposed picnic pavilions to be
located in the Greenbelt area. He further noted that, in discussions
with the City Engineer, it had been decided to add stairs to the
concrete retaining wall in order to provide not only a safety feature
but also an amphitheater type setting which could be used to hold
outdoor concerts, public gatherings, picnics, etc. He added that trees
would be planted to provide a wind screen and aesthetic enhancement. In
response to a question from 0' Brien, he assured Council that camping
would not be allowed in the area. Following further discussion, it was
moved by O'Brien, seconded by Meehan and unanimously carried by all
those present to authorize the administration to negotiate with METCO,
Inc. for concrete work in an amount not to exceed $28,000.
SPEC.PROJ: D. May 4, 1983, memorandum from City Engineer Dennis Dooley
relative to the construction management contract negotiated with Acres
Hanscomb JV was noted. Dooley stated that he had met with a
representative of A/H and had negotiated costs in three areas:
Fixed fee--$355,416/year
Reimbursable expenses--$66,000
Mobilization--$30,OOO.
While the actual cost of construction management would be higher than
doing the work in-house, City Manager and City Engineer outlined the
10.')
PAGE 105
REGULAR MEETING - MAY 9. 1983
VOLUME 20
XL NEW BUSINESS: (Cont'd)
following advantages to hiring an outside firm:
SPEC.PROJ: (Cont'd):
1.
Ability to easily cycle staffing up and down as
project needs change;
2. Ready availability of expertise in a variety of
fields;
3.
Errors and omissions insurance policy in the amount
of $5,000,000;
I
4.
Full-time commitment to construction management by
the staff of professionals hired;
5. Reputation of a nationally recognized firm which
would provide professional rigor;
6. Reduction in the Engineering budget; and
7. Approximately 90% of costs generated could be
charged off to the various projects.
City Engineer estimated that the total cost of the construction
management would be approximately $650-700 Thousand for capital projects
totalling $10 Million. City Manager added that by spending a little
more money at the beginning of a project, a great deal of money could be
saved by avoiding litigation at its conclusion. In response to a
question from Meehan, City Engineer explained that if City vehicles were
available for use by the construction management team, they would be
used; otherwise, new vehicles would be purchased.
I
Following further discussion, it was moved by Wilson,
seconded by Meehan and carried as follows to approve a contract with
Acres/Hanscomb for construction management in accordance with the
guidelines put forth by the City Engineer:
AYES:
NOES:
ABSENT:
ABSTAIN:
Burgess, Meehan, O'Brien, Swartz & Wilson
None
Cripps
Gillespie
NOTE: Gillespie abstained due to the fact that Acres/Hanscomb had
approached him concerning the lease of office space.
XII. CITY MANAGER REPORTS:
A.
utility budget
session.
City Manager noted that Council had been given the City's
which would be discussed in detail at the May 16 work
B. City Manager noted May 7, 1983, letter from Suneel Alaska
Corporation stating that a contract between Suneel and Usibelli had been
signed for the export of coal to Korea.
I
C. City Attorney briefly outlined the status of the City's
current contract with Chris Berg, Inc. (CBI) for pipe piling
installation, including some potential problems in meeting
weight-bearing requirements at the depth expected. In response to a
question from Burgess, City Engineer explained that Century/Quadra, in
the design stage, had not anticipated the problems recently encountered.
City Manager noted once again that, had more money been spent at the
beginning of the project, some of these problems could have been avoided
or at least lessened. Burgess commended the City Manager and the City
Engineer for the way they had handled this situation. City Manager
stated that he intended to have the new construction manager give
monthly status reports to Council on current capital projects.
J0t;
PAGE 106
REGULAR MEETING - MAY 9, 1983
VOLUME 20
XIII.
COUNCIL DISCUSSION:
SWARTZ requested a status report on the Facer property
located on Third Avenue. City Building Inspector Tim Pflum
stated that he had only recently been able to serve an
abatement order on Mr. Facer. He further noted that a
relative of Facer's was in town and would be taking care of
cleaning up the public nuisance violations.
In response to a question from Swartz, City Manager
stated that he was discussing the problem of dredging in the
Small Boat Harbor with Fiske and Woodruff and was
investigating the possibility of getting State funding to help
with the project. He noted that he had no report on the
electrical hook-up for the Ferry.
Kerry Martin, responding to a question from Swartz, noted
that he would have banners and other give-aways displaying the
new City logo by June 1.
O'BRIEN stated that his objection to Gillespie's voting
on the Acres/Hanscomb contract was not an attack on Gillespie
but his belief that any Councilmember should abstain when
there was any possibility of a direct financial involvement.
WILSON requested that the administration prepare a
resolution in support of Kenai's efforts to have Alaska's oil
refined in-state.
BURGESS requested a status report on Spruce Creek. City
Manager stated that any attempt to channel and steer a glacial
stream was very expensive. City Attorney added that experts
from Kellogg had stated that earlier efforts of the City might
not be sufficient to protect the Sewage Treatment Plant from
Spruce Creek.
XIV. CITIZENS' DISCUSSION:
A. Bruce Sieminski, Seward, appeared from the audience
requesting information on the City's "new" policy regulating the
application and issuance of building permits for commercial structures.
City Engineer explained that the policies in question were not new; the
City is attempting to enforce provisions of the Uniform Building Code
which, until recently, were not uniformly applied. Sieminski also
complained that an unlicensed plumber had been allowed to install the
sprinkler system (purchased with grant money supplied by the City) at
Gateway Children's Center.
B. Chris Dinnan, Sixth Avenue, Seward, appeared from the
audience and noted that the Ferry Terminal was in need of some very
basic maintenance and repairs. He expressed special concern for the
faulty electrical service in the building. In response to a question
from Gillespie, City Manager stated that the City was responsible for
maintenance, but the cost of completely renovating the building was
prohibitive.
XV. ADJOURNMENT:
~-o.'"'''~'' ','
~~I c: \- .\johe
I\>':~> ' < "
~' : .......
~ '
was adjourned at 10:30 p.m.
~;} cnftr,
J n F. Gillespie
V~ce Mayor
PAGE 107
REGULAR MEETING - May 23, 1983
VOLUME 20
I
CALL TO ORDER:
The May 23, 1983, regular meeting was called to order at 7:30
p.m. by Vice Mayor John F. Gillespie.
II. OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
III. ROLL CALL:
I
Present were: Vice-Mayor Gillespie and Councilmembers Burgess,
Meehan, O'Brien and Swartz (Absent, with Council
Consent, were Mayor Cripps and Councilmember
Wilson)
Present also: City Manager Garzini, Assistant City Manager
Schaefermeyer, Administrative Assistant Martin,
City Attorney Arvidson, City Engineer Dooley,
Finance Director Gale, Harbormaster Singleton,
Fire Chief Gage and Deputy City Clerk Audette
IV.
APPROVAL OF MINUTES:
carried
minutes
It was moved by Swartz, seconded by Burgess and unanimously
by all those present to approve the May 9, 1983, regular meeting
as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
I
Vice-Mayor Gillespie requested that the Council hold an
executive session following the regular meeting to discuss a matter of
potential litigation and the City Clerk's salary request. Burgess felt
the City Clerk's salary request should be discussed when the full Council
and Mayor Cripps were present. It was moved by 0' Brien, seconded by
Swartz, and unanimously carried by all those present to hold an executive
session immediately following the regular meeting to discuss the Chris
Berg claim against the City.
It was moved by Meehan, seconded by Burgess and unanimously
carried by all those present to approve the regular meeting agenda and
the consent calendar as presented, and the following actions were taken:
Reso.
1. Resolution No. 83-20, supporting approval of in-state
royalty oil contracts, was approved and filed;
Equip/Reso.
2. Resolution No. 83-21, authorizing sole source purchase of
microfilm equipment and concrete work, was approved and
filed;
Daycare/Reso
3. Resolution No. 83-22, authorizing participation in the
Day-Care assistance program, was approved and filed;
Budg/Reso
4. Resolution No. 83-23, amending Resolution NO. 82-68,
indentifying capital projects and amounts allocated to
each, was approved and filed;
Budg/Reso
5. Resolution No. 83-24, amending FY 83 budget by increasing
revenues and appropriating additional funds to Police
Travel and Subsistence, was approved and filed;
I Accts Pay
6. May 4, 1983, Finance Department's list of accounts payable
totalling $819,310.54, was approved for payment and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan Sewall
gave a verbal report of the May 17 Borough Assembly meeting.
J. \J;:;
Budg.
Harbor
PAGE 108
REGULAR MEETING - MAY 23, 1983
VOLUME 20
VII PUBLIC HEARINGS:
A. Notice of Public Hearing relative to the Proposed Fiscal
Year 1984 Operating Budget, as published and posted as required by law,
and May 2, 1983 memorandum from City Manager Garzini were noted. Public
Hearing was opened. Dave Cich, Executive Director of the Seward Chamber
of Commerce, appeared from the audience and gave a brief summary on the
Chamber's past and present activities with an outlook on the future. Cich
stated one goal of the Chamber was to reduce their dependency on the City
by selling commemorative items and developing the Salmon Derby season
into a larger tourist attraction by advertising it as a Salmon Derby
Festival with corresponding activities. Cich projected the Chamber could
become self-supporting in three to five years.
**COUNCILMEMBER WILSON ARRIVED AT 7:50 P.M.
Councilmembers Swartz, O'Brien, and Meehan felt the Chamber's activities
boosted Seward's economy and should be granted the matching funds
requested for FY 83/84. Wilson requested quarterly reports to Council
from Cich on the Chamber's accomplishments and goals.
No one else appeared from the audience in order to be heard, and the
public hearing was closed at 8:05 p.m.
VII. CITIZENS' DISCUSSION: (With Prior Notice Only)
A. CM read aloud Telegram No. 5266 regarding Duane DuCharme's
offer to purchase the Jesse Lee Home property. Gillespie then asked Don
Ennis, representative for Duane DuCharme, if he had any further comment.
Ennis requested that this item be combined with X. Unfinished Business
Item A. Jesse Lee Home. Gillespie stopped discussion at this point to be
continued under X. Unfinished Business.
B. Meggin Dunham, representing eighteen local non-profit
organizations, appeared before Council requesting permission to have a
permanent structure built in the harbor area to operate a food booth
during the Salmon Derby. A May 23, 1983 letter from Meggin Dunham to
Council stated that AVTEC has agreed to construct the building for only
the cost of materials. Harbormaster Singleton stated the funds for
materials could come out of his existing budget, the City would own the
building and he could then store equipment in it during the winter
months. Wilson expressed concern that the food booth would take up the
space previously committed to the Skating Rink/Picnic Pavillion. The CM
stated that the space requested for the structure has been historically
used by non-profit organizations during the Salmon Derby and when the
time came for the Picnic Pavillion site to be determined there were other
areas within the Harbor area which could be considered. Burgess asked if
the building could be put on a piling foundation instead of a cement slab
so if in the future it needed to be moved it would easier to do so.
Harbormaster Singleton stated that he would feel more comfortable with a
cement slab as the equipment he had in mind for storage within the
building is quite heavy. In answer to the question if official Council
action was necessary for this project since the funds would by taken from
the existing Harbor budget, CM stated that a Resolution would be
presented for approval at the next regular Council meeting.
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,
Gillespie noted by title only a proposed resolution entitled:
PAGE 109
REGULAR MEETING - MAY 23, 1983
VOLUME 20
Sewer/Cont/Reso.
C. Resolutions (Cont'd)
I
A RESOLUTION OF THE CITY COUNCIL OF
CITY OF SEWARD, ALASKA, AUTHORIZING
THE CITY MANAGER TO ISSUE A PURCHASE
ORDER TO ELLING HALVORSON, INC. FOR
EQUIPMENT AND LABOR TO COMPLETE THE
REPLACEMENT OF APPROXIMATELY 150
FEET OF SEWER LINE WITHOUT FULL
UTILIZATION OF THE BID PROCEDURE SET
FORTH IN SECTION 10-8 OF THE SEWARD
CITY CODE.
Gillespie also noted the May 18, 1983 memorandum from City Engineer
Dooley. In response to a question from 0' Brien, CM and
Assistant CM explained that the local heavy equipment contractor had not
been contacted because a survey last summer had shown that the
specialized equipment necessary for this particular job was not
available. 0' Brien asked why the job had been completed prior to
approval of Council. Dooley cited that Elling Halvorson, Inc., the
company with the equipment and operator, had finished ahead of schedule
on the grain elevator water line installation and was preparing to leave
Seward. O'Brien asked that any future projects come before Council for
approval prior to work commencement. It was moved by Meehan, seconded by
Burgess and unanimously carried by all those present to approve
Resolution No. 83-25.
2. Copies having been made available to the public,
Gillespie noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
ADOPTING THE CITY BUDGET FOR THE
FISCAL YEAR BEGINNING JULY 1, 1983.
I
In response to a question from Meehan, City Attorney Arvidson read from
the City Code regarding the budget adoption timetable. Meehan then
requested the budget adoption be postponed until the next regular Council
meeting to be held June 13, 1983, in order to schedule another work
session on the budget. O'Brien agreed. Wednesday, June 1, 1983, at 7:00
p.m. was set for a work session.
Harbor/Reso 3. Copies having been made available to the public,
Gillespie noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
SETTING FEES FOR THE SEWARD
MUNICIPAL SMALL BOAT HARBOR AND
RESCINDING ALL PRIOR RESOLUTIONS IN
CONFLICT HEREWITH.
I
In response to a question from O'Brien, the CM stated the waiting list
fee provision had not meant to be included in the resolution and would be
deleted. Burgess questioned the necessity of the $20/month charge to
permanent live-on-board residents as they were already paying the slip
fees. Harbormaster Singleton stated the charge was intended to cover
extra garbage, water and harbormaster building facility usage. Following
further discussion, it was moved by Wilson, seconded by Swartz and
unanimously carried by all those present to approve Resolution No. 83-26,
as amended.
X.
UNFINISHED BUSINESS:
A. Following discussion over whether the City should continue
negotiations with Dan Golden & Assoc., consider the Duane DuCharme
proposal, or reject all bids and start over, Council scheduled Wednesday,
May 25, 1983, at 6:30 p.m. for a work session on what exactly their
direction should be.
RECESS:
p.m.
The meeting was recessed at 9:05 p.m. and reconvened at 9:15
- - 1"\
-._.v
PAGE 110
REGULAR MEETING -MAY 23, 1983
VOLUME 20
XI. NEW BUSINESS:
A. May 8, 1983 claim for damage and related May 5, 1983 job
invoice No. 1009 from Keith Knighten were noted. City Engineer Dooley
supported his recommendation of not honoring the damage claim by stating
that there were several power outages that day, May 5, 1983, and Knighten
had voiced the only complaint. Also, low voltage problems originate from
Chugach Electric, the City's power supplier; therefore sole negligence
couldnotbeattributed to the City. Burgess stated that his understanding
of the substation installation was to cure power fluctuations. After
further discussion, Council decided to put this item on the next regular
meeting agenda under Old Business to give City Engineer Dooley and Keith
Knighten a chance to determine a solution to the low voltage problem.
WaterjCont B. May 18, 1983 memorandum from City Projects Engineer, Tim
Pflum, regarding Change Order Nos. 7 and 8, Marathon water
supply /hydroelectric proj ect, Contract No. 228000 was noted. Upon the
recommendation of the City Manager, it was moved by O'Brien, seconded by
Meehan and unanimously carried by all those present to approve Change
Order Nos. 7 and 8.
MIC C. Memorandum from City Engineer Dooley regarding the purchase
of 2000 feet of galvanized pipe piling to complete the piling
installation at the Marine Industrial Center was noted. To answer
O'Brien's price comparision request, Dooley stated Cordova f.o.b. Seward,
to arrive Wednesday, May 26, 1983, is $60,200 while Seattle Lo.b.
Seward is $61,000 with an arrival date in two weeks which would mean down
time with subsequent expenses. Upon recommendation of the City Engineer,
it was moved by Burgess, seconded by Wilson and unanimously carried by
all those present to approve the purchase of the Cordova galvanized pipe
piling.
XII. CITY MANAGER REPORTS:
The City Manager reported that his trip to Juneau left him with
the impression that the maximum security prison site was to be decided by
the State Administration, not the Legislature; thereby alleviating what
might become a political issue rather than a selection based on
feasibility and availability of support facilities.
The City Manager also reported that he would be attending a
meeting with Norm Berg May 24, 1983 along with Assistant City Manager
Schaefermeyer, City Engineer Dooley, and City Attorney Arvidson to
attempt a settlement of the Berg claim against the City.
XII 1.
COUNCIL DISCUSSION:
SWARTZ requested a status report on the Ferry Terminal
electrical service. City Manager stated the City has been trying to
obtain a preferential moorage rate increase and an extended terminal
lease. Swartz commented that the docking facility was not first rate and
the lighting was poor.
WILSON voiced his concern over the many small boat harbor land
use requests. Gillespie suggested developing an over-all master plan for
the harbor area. Swartz stated that she felt parking area placement
received too much attention as Seward was "walkable" and that the land
should be used for enhancement instead of parking. The City Manager
reported that Administrative Assistant Martin was currently working on
updating the 1979 Marine Facilities Plan in conjunction with the Seward
Advisory Planning and Zoning Commission.
Wilson thanked the City Manager for the resolution supporting
an in-state oil refinery.
MEEHAN expressed his appreciation for the opportunity to attend
a legislative session. Meehan stated he found our representatives in
Juneau to be hard-working and responsive to public input.
PAGE 111
REGULAR MEETING - MAY 23, 1983
VOLUME 20
XIII.
COUNCIL DISCUSSION: (Cont'd)
BURGESS reported that he felt the May 14, 1983 meeting with the
Palmer City Council and the delegation from Seward would prove
productive.
Burgess also reported that he had been asked by City Engineer
Dooley to perform a job for the City and requested information on the
proper procedure to follow in order to avoid the conflict of interest
issue. Gillespie suggested a letter for the Clerk's files stating the
situation would be appropriate.
I
XIV. CITIZENS' DISCUSSION:
Don Ennis, Seward, appeared from the audience with the idea
that adding a 20 by 40 foot bay to the existing Harbormaster's building
instead of erecting a separate structure might have its advantages.
Gillespie requested the Administration to consider this idea.
XV. ADJOURNMENT:
The meeting was adjourned at 10:10 p.m. and immediately
reconvened in Executive session to discuss a legal matter.
'J""UJJ/.l.J:;>
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k~ ",'t, ~\ 'Jv)D'~
Christy Audette' ,
Dep4ty City Clerk ~
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_____~__------_--~~~w--------------------------------------------------
PAGE 11~~, . ,,('SPECIAL MEETING - MAY 31, 1983 VOLUME 20
.' "_"'^"'"'.j.~.U,l.
I
1.
CALL TO ORDER:
The May 31, 1983, special meeting of the Seward City Council
was called to order at 7:01 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 Gillespie,
Meehan, O'Brien, Swartz and Wilson (Absent,
with Council consent, was Councilmember
Burgess)
Present also: City Manager Garzini, Assistant City Manager
Schaefermeyer and City Clerk Murphy
IV. SPECIAL ITEMS:
LITIGATION: A. City Manager noted that representatives of Century/Quadra
CON-013, had made a second offer in settlement of the arbitration procedings now
015, 016, in progress. The first offer of $750,000 had been unacceptable to the
017 City, but the current offer was large enough to warrant Council's
I consideration. It was moved by Gillespie, seconded by Meehan and
unanimously carried by all those present to meet in executive session
immediately following the special meeting to discuss the Century/Quadra
arbitration.
JESSE LEE HOME: B. May 26, 1983, letter to Daniel J. Golden, Jr. and May 31,
1983, memorandum from City Manager relative to the proposal to purchase
the Jesse Lee Home as submitted by Dan Golden and Wiley Beaux were
noted. Following a short discussion, it was moved by Meehan, seconded
by Swartz and unanimously carried by all those present to reject the
offer and return the $20,000 deposit to Golden.
"
J_ J.Ll'
PAGE 112
SPECIAL MEETING - MAY 31, 1983
VOLUME 20
V. CITIZENS' DISCUSSION:
VI. ADJOURNMENT:
The meeting was adjourned at 7:10 p.m.
~&
Donald W. Cripps -
Mayor
------------------------------------------------------------------------
PAGE 112
REGULAR MEETING - JUNE 13, 1983
VOLUME 20
1.
CALL TO ORDER:
The June 13, 1983, 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, O'Brien, Swartz and Wilson (Absent,
with Council consent, was Councilmember Meehan)
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Assistant City Manager
City Attorney Arvidson and City
IV.
APPROVAL OF MINUTES:
carried
meeting
written.
It was moved by Burgess, seconded by Wilson and unanimously
by all those present to approve the May 23, 1983, regular
minutes and the May 31, 1983, special meeting minutes as
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested the following additions to the regular
meeting agenda:
IX. ORDINANCES AND RESOLUTIONS:
C. Resolutions
8. Proposed Resolution No. 83-34, amending
the Seward Land Use Plan
X.
UNFINISHED BUSINESS:
B. Council consideration of
officer's decision relative
Inc. claim
the contracting
to the Chris Berg,
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 actions were taken;
G.Atty:
1.
April 1983 billing from Hughes, Thorsness, Gantz, Powell
and Brundin for legal services totalling $38,514.94 was
approved for payment and filed; and
I
I
I
C.Clerk:
Budget:
TV:
ORDINANCE
"','1"\
PAGE 113
REGULAR MEETING - JUNE 13, 1983
VOLUME 20
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
2.
June 7, 1983, memorandum from the City Clerk relative to
part-time employment of a Files Clerk in the Clerk's
Department was noted for information and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Representative Jonathan Sewall gave a
verbal report of the Assembly meeting of June 7, 1983.
VII. PUBLIC HEARINGS:
A. City Manager stated that, for the first time, the
administration was presenting the proposed utility budgets for Council
and public review. He reminded Council that a work session with the
City's rate consultants (Kennedy/Jenks) would be held at 7:00 p.m.,
Wednesday, June 15.
Notice of public hearing as published and posted by law
was noted and the public hearing on the proposed FY 84 utility budgets
was opened; no one appeared from the audience in order to be heard and
the public hearing was closed. Cripps noted that the public would have
a second opportunity to be heard at the June 27 public hearing.
VII 1.
CITIZENS' DISCUSSION: (With prior notice only)
A. Gene Stewart, representing Willie Communications,
appeared before Council with a proposal to operate a Cable Television
franchise in Seward. In response to a question from Wilson, Stewart
stated that his company had been in operation for 30 years, but had only
been in the State for 8 weeks. Responding to a question from Swartz, he
stated that installation of the facility would create 10 jobs during the
construction phase and would provide 4 full-time jobs during operation
of the franchise.
When asked for the administration's position, City
Manager stated that he recommended renewal of Resurrection Bay
Entertainment Television's joint use agreement for another year.
(Ferguson's agreement for use of the City's satellite system expires
July 15.) He further stated that he was reluctant to support a
franchise until he was assured that the party involved intended to
operate the franchise (and not sell it) and that said party had the
financial resources to back such an undertaking. Cripps questioned the
City's authority to grant or deny a franchise; City Attorney explained
that, since the City owns and operates its own electric utility and any
cable brought in would have to utilize the utility poles, real control
of any cable TV operation in Seward would rest in the pole attachment
agreement. He added that the question of who has the authority to grant
a franchise (the City or the Alaska Public Utilities Commission) has
received much debate and has not been settled. In response to O'Brien's
question, City Attorney explained that the City's agreement with RBETV
was not a franchise; therefore, negotiations with Stewart would
present no conflict.
Following further discussion, the Council directed the
administration to work with Stewart on a proposal to be presented to
Council for review at a later date.
IX. ORDINANCES AND RESOLUTIONS:
A.
Ordinances for Introduction:
1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance which would prohibit
"unnecessary acceleration", "squealing tires" and "fishtailing" within
the City, entitled:
114
PAGE 114
REGULAR MEETING - JUNE 13, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
A. Ordinances for Introduction: (Cont'd)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AMENDING CHAPTER
14 OF THE SEWARD CITY CODE RELATIVE TO
TRAFFIC CONTROL WITHIN THE CITY OF SEWARD.
Also noted was May 25, 1983, memorandum from Lt. Don Earl in support of
the proposed ordinance. Following lengthy discussion as to the language
and enforceability of the proposed ordinance, it was amended by
inserting the following words after the phrase "within the City of
Seward" in the body of the text:
...notwithstanding adverse road conditions...
in order to eliminate or reduce the possibility of abuse or overzealous
enforcement of the ordinance. Following further discussion, it was
moved by Wilson, seconded by 0' Brien and unanimously carried by all
those present to introduce proposed Ordinance No. 516, as amended.
Public hearing and the vote for enactment was scheduled for the June 27,
regular meeting.
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
C.Manager/Reso: 1. 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, SETTING THE
SALARY FOR THE CITY MANAGER AND RESCIN-
DING ALL PRIOR RESOLUTIONS IN CONFLICT
HEREWITH.
Cripps noted that the contents of the resolution, setting the Manager's
salary at $62,000 per year, had been the subject of discussion at a
recent work session. It was moved by O'Brien, seconded by Swartz and
unanimously carried by all those present to approve Resolution No.
83-27, effective July 1, 1983.
C. Clerk/Reso: 2. 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, SETTING THE
SALARY FOR THE CITY CLERK AND RESCIN-
DING ALL PRIOR RESOLUTIONS IN CONFLICT
HEREWITH.
Cripps noted that the contents of this resolution, setting the Clerk's
salary at $38,600 annually, had also been the subject of a recent work
session. It was moved by O'Brien, seconded by Swartz and unanimously
carried by all those present to approve Resolution No. 83-28, effective
July 1, 1983.
Harbor /Reso: 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, AUTHORIZING THE
CITY MANAGER TO ISSUE A PURCHASE ORDER
TO INTERNATIONAL BUILDING SUPPLIES, INC.
FOR MATERIALS TO COMPLETE A SILVER SAL-
MON DERBY ACTIVITIES AND STORAGE BUILD-
11 I
PAGE 115
REGULAR MEETING - JUNE 13, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cotn'd)
C. Resolutions: (Cont'd)
ING IN THE SEWARD SMALL BOAT HARBOR
WITHOUT FULL UTILIZATION OF THE BID PRO-
CEDURE SET FORTH IN SECTION 10-8 OF THE
SEWARD CITY CODE.
I
Following discussion, it was
unanimously carried by all
83-29.
moved by Swartz, seconded by Burgess and
those present to approve Resolution No.
Streets & Sidewalks/ 4. Copies having been made available to the public,
Reso: Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AUTHORIZING THE
PURCHASE OF CONCRETE WORK FOR DOWNTOWN
SIDEWALK REPAIRS WITHOUT UTILIZATION OF
THE BID PROCEDURES AS SET FORTH IN SEC-
TION 10-8 OF THE SEWARD CITY CODE.
Also noted was June 8, 1983, memorandum from Special Projects Engineer
Tim Pflum recommending approval of the resolution. City Manager stated
that funds for sidewalk repair had been approved by Council. He
recommended that the Public Works Department, in conjunction with METCO,
Inc. (concrete suppliers) be authorized to begin patching and repair of
the downtown sidewalks for an amount not-to-exceed $20,000. It was
moved by Gillespie, seconded by Burgess and unanimously carried by all
those present to approve Resolution No. 83-30.
Harbor /Reso: 5. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
I
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, AUTHORIZING A
REQUEST TO ASSUME THE RESPONSIBILITY
FOR THE SEWARD SMALL BOAT HARBOR EXPAN-
SION PROJECT.
Cripps also noted June 7, 1983, memorandum from City Engineer Dooley
stating that approximately $2 Million had been identified as available
for development of a new Seward Small Boat Harbor capacity as a
consequence of a 1978 bond sale. City Manager explained that after
receiving the money from the State, the administration would research
the possibility of using a small amount for minor repairs in the
existing Small Boat Harbor. Following discussion, it was moved by
O'Brien, seconded by Swartz and unanimously carried by all those present
to approve Resolution No. 83-31.
Budget/Reso: 6. 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, ADOPTING THE
CITY BUDGET FOR THE FISCAL YEAR BEGIN-
NING JULY 1, 1983.
I
City Manager requested that the following changes be made in the budget
as presented to Council:
o Reduction in salaries to reflect 80-hours required
annual leave ($52,430)
o
Reduce
in Lieu of Taxes ($52,430)
o
Increase in Economic Development and
Promotions expenditures to cover salary
student intern ($8,500)
Community
costs for
11G
PAGE 116
REGULAR MEETING - JUNE 13, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
o
Increase revenue
($8,500).
City Clerk requested that the $2,560 representing 80-hours annual leave
per employee in the Clerk's Department be reinstated in the budget to
cover the salary of a part-time summer files clerk. Following
discussion, it was moved by Gillespie, seconded by Swartz and
unanimously carried by all those present to approve Resolution No. 83-32
as amended to incorporate changes as suggested by the City Manager and
the City Clerk. This resolution shall take effect July 1, 1983.
Equipment/Reso: 7. 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, AUTHORIZING THE
PURCHASE OF AN 8-YARD SANDER BOX UTILI-
ZING STATE PROCUREMENT BID WITH SOUTH-
PARK INDUSTRIES.
Also noted was June 8, 1983, memorandum from City Engineer recommending
approval of this resolution. City Manager stated that money was
available in the FY 83 engineering budget to cover the cost of the
sander box. Following discussion, it was moved by Wilson, seconded by
Burgess and unanimously carried by all those present to approve
Resolution No. 83-33.
Comp
Plan/Reso:
available
resolution
8. Copies having been distributed to Council and made
to the public, Cripps noted by title only a proposed
entitled:
A RESOLUTION APPROVING A CHANGE TO THE
SEWARD LAND USE PLAN.
Also noted was June 10, 1983, memorandum from the City Clerk furnishing
background information relative to the proposed resolution. Assistant
City Manager explained to Council that the Seward Advisory Planning and
Zoning Commission had received a request as filed by John Torgeson to
rezone Lot 1, Block 2, North Harbor Subdivision from Industrial (I) to
Light Commercial (CL). The Commission had expanded the request to
include Lot 1, Block 1, North Harbor Subdivision. Presently, the Seward
Land Use Plan designates this area "Industrial"; a rezone to CL would,
therefore, require an amendment to the Land Use Plan. 0' Brien stated
that, while having no particular objection to this particular rezone, he
was opposed to amending the Land Use Plan to accommodate the rezone of
an individual piece of property. City Manager stated that the proposed
change would be in keeping with present use directly opposite this
parcel and would merely move the boundary line from the center of the
roadway to the railroad tracks, adding that this was the more logical
location for the boundary. Following discussion, it was moved by
Burgess, seconded by Wilson and carried as follows to approve Resolution
No. 83-34:
AYES:
NOES:
ABSTAIN:
Burgess, Cripps, O'Brien, Swartz and Wilson
None
Gillespie
NOTE: Gillespie declared a direct financial interest in the sale of the
property in question.
X.
UNFINISHED BUSINESS:
CON-013/01S,016,0l1... City Attorney stated that he had met with the attorneys
LITIGATN: for Century/Quadra and had been advised that the City would be receiving
checks totalling $2 Million from C/Q within ten days and an additional
$15-20 Thousand that had been advanced to the Arbitration Committee.
..., -.."""'!
PAGE 117
REGULAR MEETING - JUNE 13, 1983
VOLUME 20
X.
UNFINISHED BUSINESS: (Cont'd)
LITIGATION/ B. City Attorney explained that Council must now make a
CON-024: decision relative to Chris Berg, Inc. 's appeal of the contracting
officer's decision to deny its claim against the City. He explained
that, if CBI goes to litigation, the amount sought will probably exceed
the $1.9 Million now asked. Following discussion, it was moved by
Gillespie, seconded by Wilson and unanimously carried by all those
present to uphold the contracting officer's recommendation to deny Chris
Berg's claim for $1.9 Million.
I
RE-014:
I
RE-031 :
I
XL
NEW BUSINESS:
A. June 7, 1983, memorandum from Administrative Assistant
Martin requesting Council approval of the concept of using a student
intern to acquire the data upon which a strategic port marketing plan
could be based was noted. City Manager introduced Albert Klein, the
student in question, and explained that the $8,500 expenditure would
save the City many thousands of dollars in consultants' fees. The
Council voiced no objection to the concept.
B. June 10, 1983, memorandum from Administrative Assistant
Martin outlining the history of the lease of Lots 5 & 6, Block 1, Marina
Subdivision, was noted. The memorandum set forth various lease
violations including subletting Lot 6 without prior consent of Council,
failure to meet the November, 1982 construction deadline and failure to
initiate construction on Lot 5. Juris Mindenbergs, current lessee,
appeared from the audience in an effort to refute the alleged
violations. He stated that he had not been aware that Council consent
was needed prior to subletting Lot 6. He further stated that he was
unaware of any construction deadline or the necessity to construct
anything on Lot 5, adding that it was his understanding that Lot 5 had
been designated a parking area for the old Dinghy Restaurant. He stated
that, if it was the City's wish to have Lot 5 developed, he would like
the opportunity to do so.
City Manager stated that the administration was opposed
to a sublease with Owens Marine on the grounds that individuals should
not be allowed to make money brokering the City's property. However, he
would be willing to recommend negotiating a sublease to Owens Marine
(Lot 6), but felt that Lot 5 should be returned to the City. On the
advice of the City Attorney, Council instructed the administration to
begin negotiations with Mindenbergs and Owens Marine for an acceptable
sublease of Lot 6, to discuss possible development plans with
Mindenbergs relative to Lot 5, and to come back to Council with a
recommendation at the June 27 meeting.
C. May 26, 1983, memorandum from Administrative Assistant
Martin relative to lease proposals on Tract A, Block 8, Oceanview
Subdivision and Lot 7, Block 1, Marina Subdivision, and his May 20
letter to Ray Evarts were noted. On June 14, 1982, Council had directed
the administration to enter into lease negotiations with Evarts. Evarts
had deposited with the City $6,216 (representing the first year's lease
payment for the Marina Subdivision parcel) and $1,560 (representing 10%
of the first year's lease payment for the Oceanview Subdivision parcel).
On June 13, 1983, all options on the referenced parcels lapsed. Evarts
appeared from the audience and stated that he was willing to relinquish
any rights to the Marina Subdivision property, but would like a lease
option extension on the other parcel. He explained that he hoped to
construct a grocery store at the site but had been plagued with
financing problems which he hoped to resolve shortly. On the
recommendation of the City Manager, Council instructed the
administration to negotiate a 90-day lease option extension with Evarts
incorporating the following conditions:
1. Advance payment of lease option payment totalling
90-days' rental at Fair Market Rental Value;
2. Proof of progress in the form of a loan commitment
by September 15, 1983; and
118
PAGE 118
REGULAR MEETING - JUNE 13, 1983
VOLUME 20
XI. NEW BUSINESS: (Cont'd)
3. No assignment of rights to accrue until construction
has been completed.
All sums collected in June 1982 were to be forfeited to the City.
RECESS: The meeting was recessed at 9:08 p.m.; reconvened at 9:18 p.m.
D. June 6, 1983, memorandum from City Clerk relative to
annual dues for the National League of Cities was noted. Cripps noted
that dues were slated to rise sharply over the next two years. O'Brien
questioned the value received from membership in the NLC. Following
discussion, Council directed the Clerk to let the City's membership in
the NLC lapse.
CON-056
E. June 10, 1983, memorandum from City Engineer Dooley
relative to the award of a contract for assessment of rail corridor
access to the Marine Industrial Center was noted. On the recommendation
of the administration, it was moved by O'Brien, seconded by Wilson and
unanimously carried by all those present to authorize the administration
to negotiate and execute a contract with IECO for rail corridor access
assessment for and amount not to exceed $50,000.
XII. CITY MANAGER REPORTS:
City Manager gave Council an update on current happenings in
Juneau. Cripps voiced his concern that if the coal project with
Usibelli should not materialize, the State could have great difficulties
with future negotiations with Pacific Rim c~untries., City Manager
suggested that Cripps call Governor Sheffield and voice his concerns.
XII 1.
COUNCIL DISCUSSION:
SWARTZ asked for a status report on the depot building and
lighting upgrade at the Ferry terminal. City Engineer Dooley stated
that the City was now involved in negotiations-with the State for a new
lease and added that the State seemed to be responsive to the City's
concerns. He also stated that the City would be storing the lights
originally slated for installation at the grain termin~l and that these
would be used to upgrade the lighting at the Ferry dock.
O'BRIEN asked about the status of the lease at the Car Wash.
City Manager explained that the terms of the lease did not require the
lessee to actually operate the Car Wash but indicated that the
administration would contact the lessee to see when he would be opening
for business. Gillespie suggested that all future leases contain a
performance clause.
WILSON inquired about the status of the maps the Borough was
to furnish the Planning Commission. Administrative Assistant Martin
stated that the Borough has been supplied with all maps and information
necessary to complete the maps. He further stated that the Commission
has been issued current zoning maps, land use maps and land use plan.
CRIPPS commended Darryl Schaefermeyer for the role he played
in the recent arbitration proceedings relative to the City's claim
against Century/Quadra.
He also asked that the administration prepare a status report
on the proposed AVTEC lease.
Cripps further asked that
developing a long-term lease for
Schaefermeyer stated that this would
land was clearly vested in the City.
In response to a question from Cripps regarding appraisals on
City property, City Attorney explained that the City was required by law
to have City-owned property appraised before disposal unless the Council
finds that it is in the public interest not to sell or lease at Fair
Market Value.
the administration work towards
the Army/Air Force Rec Camp.
be considered after title to the
, ~: / - \
PAGE 119
REGULAR MEETING - JUNE 13, 1983
VOLUME 20
XII 1.
COUNCIL DISCUSSION: (Cont'd)
Cripps reminded Council that the work session on the utility
budgets was scheduled for Wednesday night at 7:00 p.m.
He also informed the Council that representatives of the US
Postal Service had been in town recently. The City may be receiving a
new Post Office building and home delivery service.
XIV. CITIZENS' DISCUSSION:
I
A. BOB VALDATTA appeared from the audience and expressed his
concern about the route the rail access to the Marine Industrial Center
might take. City Manager assured him that IECO would be evaluating all
possible routes and would make its recommendation based on a
comprehensive investigation of the area. Valdatta also recommended that
Council put a $10 Million bond issue on the November ballot to finance a
floating dock.
B. C. KEITH CAMPBELL appeared from the audience and informed
Council that a professional organization would be conducting a Health
Facility Survey beginning July 11 to ascertain public perceptions,
goals, etc. In August, the survey crew will be available for a
presentation to Council and other interested groups. Campbell also
asked for a status report on the shiplift. Dooley stated that
installation would not be complete until 1984; bids are slated to be let
in late July.
XV. ADJOURNMENT:
I
at 10:05 p.m.
f}'~~
Mayor
(City
PAGE 119
REGULAR MEETING - JUNE 27, 1983
VOLUME 20
1.
CALL TO ORDER:
The June 27, 1983, 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 and Wilson (Absent with
Council consent were Councilmembers O'Brien 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 Wilson, seconded by Gillespie and carried as
follows to approve the June 13, 1983, regular meeting minutes as
written:
AYES:
ABSTAIN:
Burgess, Cripps, Gillespie and Wilson
Meehan
~-.~o
PAGE 120
REGULAR MEETING - JUNE 27, 1983
VOLUME 20
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested that Item No. XI(B)--Chris Berg, Inc.
change order--be deleted from the regular meeting agenda, and that the
following item be added:
IX.
ORDINANCES AND RESOLUTIONS:
C. Resolutions:
4. Proposed Resolution No. 83-38,
the notice requirements
reconstruction of the MIC north
shortening
for the
levy.
At the request of the Mayor and the City Manager, it was moved
by Gillespie, seconded by Burgess and unanimously carried by all those
present to meet in executive session immediately following the regular
meeting in order to discuss a personnel matter.
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:
C.ATTY:
1.
May 1983 invoice from Hughes, Thorsness, Gantz, Powell
and Brundin for legal services totalling $22,091.31 was
approved for payment and filed; and
FINANCE:
2.
Finance Department's list of accounts payable totalling
$977,310.25 was approved for payment and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula
Sewall gave a verbal report
Borough Assembly.
Borough Assembly Representative Jonathan
of the June 21, 1983, regular meeting of the
VII. PUBLIC HEARINGS:
BUDGET: A. City Manager noted that the proposed FY 84 utilities
budget which had been reviewed by Council during a June 15 work session
had been further cut with the aid of Councilmember O'Brien to
incorporate a mandatory 80-hour leave reduction in salaries, a one-slot
reduction in the City electrical crew and a substantial reduction in
overtime. Notice of Public Hearing as published and posted by law 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. Cripps
stated that adoption of the utilities budget would be considered under
agenda Item No. IX(C)(l).
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
TRAF.CON./ORD: 1.
Cripps noted by
acceleration of a
Copies having been made available to the public,
title only a proposed ordinance regulating rapid
vehicle on City streets entitled:
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING CHAPTER 14 OF
THE SEWARD CITY CODE RELATIVE
TO TRAFFIC CONTROL WITHIN THE
CITY OF SEWARD.
I
I
I
PAGE 121
REGULAR MEETING - JUNE 27, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
B. Ordinances for Public Hearing and Enactment: (Cont'd)
Notice of Public Hearing as published and posted by law 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. City Manager noted
that the original ordinance as introduced had been amended by adding the
following sentence: "This provision shall not apply when adverse road
conditions such as ice prevent normal vehicle operation." It was moved
by Meehan, seconded by Wilson and unanimously carried by all those
present to enact Ordinance No. 516, amending Chapter 14 of the Seward
City Code relative to traffic control, as amended.
C. Resolutions:
BUDGET/RES: 1. 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, ADOPTING THE CITY
UTILITIES BUDGET FOR THE
FISCAL YEAR BEGINNING JULY 1,
1983.
City Manager noted that balancing the water and sewer budgets was
contingent upon subsequent rate hikes, adding that proposed new rates
are to be presented to Council in July for approval. The amount of
increase in these rates will determine how much the General Fund will
have to subsidize these utilities in the coming Fiscal Year. Following
further discussion, it was moved by Wilson, seconded by Burgess and
unanimously carried by all those present to approve Resolution No.
83-35.
P&Z/RES: 2. 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, REQUESTING THE SEWARD
ZONING ORDINANCE BE AMENDED TO
ALLOW A DWELLING UNIT AS AN
ACCESSORY USE IN THE CL, CG
AND I ZONES.
Also noted was June 23, 1983, memorandum from Assistant City Manager
Schaefermeyer outlining the background for this request. Gillespie
added that he had suggested that this change be made several years ago
but at that time had met resistance from the Borough Planning
Department. He stated that numerous requests had been received from
local businessmen wishing to construct a dwelling unit as part of their
business structure either as living quarters for themselves or for
security reasons. He felt this was a reasonable request by the public
and a reasonable use within the commercial and industrial areas.
Schaefermeyer explained that the Seward Advisory Planning and Zoning
Commission had recommended the change, but a formal request from the
Council to the Borough Assembly was necessary before such an ordinance
could be initiated at the Borough level. Following discussion, it was
moved by Burgess, seconded by Gillespie and unanimously carried by all
those present to approve Resolution No. 83-36.
SGH/RES: 3. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION APPROPRIATING
SALES TAX RECEIPTS TO SEWARD
GENERAL HOSPITAL.
Also noted was June 22, 1983, letter from SGH Administrator
Campbell requesting the balance reflected in the sales tax fund.
Keith
City
~ r- <,
" /
-.._~
PAGE 122
REGULAR MEETING - JUNE 27, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
Manager added that moneys had been budgeted in the FY 84 budget for SGH
making further appropriations by resolution unnecessary unless sales tax
revenues in excess of this amount were received. In response to a
question from Wilson, Campbell stated that the Legislature's failure to
fund the supplemental hospital revenue sharing appropriation could cause
as much as an $80 Thousand shortfall. Following further discussion, it
was moved by Gillespie, seconded by Meehan and unanimously carried by
all those present to approve Resolution No. 83-37.
MIC/RES:
distributed
entitled:
4. Copies having been made available to the public and
to Council, Cripps noted by title only a proposed resolution
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SEWARD,
ALASKA, SHORTENING PUBLIC
NOTICE FOR RECONSTRUCTION OF
FOURTH OF JULY CREEK NORTH
LEVY.
City Manager explained that, in order to protect the City's investment
in the Marine Indus trial Center, it would be necessary to complete
reconstruction of the north levy prior to the onset of the annual
September rainy season. He added that if the bid documents were in the
hands of prospective bidders by July 1, with bid opening and contract
award scheduled for July 14 and 15 respectively, completion of the
project could be set at September 1. In response to a question from
Cripps, City Manager explained that the City Engineering Department and
Acres/Hanscomb (the City's contract management firm) had notified
potential bidders of the shortened time frame. City attorney, in
response to concerns voiced by Gillespie, stated that, should an
abnormal rain event occur in August before completion of the
reconstruction, the City could again seek restitution from the project
designers. Following further discussion, it was moved by Gillespie,
seconded by Burgess and unanimously carried by all those present to
approve Resolution No. 83-38.
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
C OF C: A. June 22, 1983, memorandum from the City Clerk relative to
the Chamber of Commerce's request for permission to discharge fireworks
during the Fourth of July celebration was noted. It was moved by
Gillespie, seconded by Wilson and unanimously carried by all those
present to allow the Chamber of Commerce to discharge fireworks on
July 3.
PARKS & REC: B. June 22, 1983, memorandum from Assistant City Manager
Schaefermeyer relative to the award of a contract for the construction
of a twin 18' hexagonal covered park shelter was noted. On the
recommendation of Schaefermeyer, it was moved by Wilson, seconded by
Meehan and unanimously carried by all those present to award the
greenbelt pavillion contract to the low bidder, _Weli~ Built Homes, Inc.
SUB C. June 23, 1983, memorandum from Schaefermeyer'relative to
CLFSD.TWN. :
a request from Bradley Snowden to vacate a portion of First Avenue south
of Cliffside Townhouse Subdivision was noted. Schaefermeyer added that
the Advisory Planning and Zoning Commispion had voiced no objection to
the proposed vacation at its June 8 meeting-and explained that, because
of the topography of the area, access to property ,beyond this point was
not viable. He further stated that the only obJ~ction voiced to the
vacation had been relative to a possible obstruction or' the Two Lakes
I
I
I
'1 C":("\
PAGE 123
REGULAR MEETING - JUNE 27, 1983
VOLUME 20
XI. NEW BUSINESS: (Cont'd)
Trail System; the Right-of-Way does not encroach upon the existing
trail. Following further discussion, it was moved by Meehan, seconded
by Burgess and unanimously carried by all those present to allow the
vacation of the remaining portion of First Avenue south of Cliffside
Townhouse Subdivision.
D. Deleted
OTS:
E. June 23, 1983, memorandum from Schaefermeyer relative to
an existing right-of-way encroachment located at Lot 9, Block 8,
Original Townsite of Seward was noted. City Manager reminded Council
that the Council has historically approved the continuance of existing
encroachments into City rights-of-way for the life of the encroaching
structure or the loan, whichever terminates first and recommended
approval in this instance. Burgess stated that he had performed a
survey on the subject property one year ago but did not see that as a
financial interest in the matter and would be voting. It was moved by
Wilson, seconded by Meehan and unanimously carried by all those present
to follow the recommendation of the City Manager and allow the existing
encroachment.
CON 047 & 048: F. June 23, 1983, memorandum from Schaefermeyer relative to
adjusting the not-to-exceed amounts of the City's existing professional
service agreements with Kellogg, Inc. was noted. Schaefermeyer
explained that the City is attempting to close out its two agreements
with Kellogg. The first agreement (NTE $5,000) was for construction
management assistance with the Chris Berg, Inc. Phase III contract.
The final cost had come to $5,032. The second agreement (NTE $4,875)
was for review of Chris Berg's claims against the City; this cost was
exceeded by $976. Council authorization would be required before the
contracts could be terminated and the books closed out. Following
discussion, it was moved by Gillespie, seconded by Burgess and
unanimously carried by all those present to follow the recommendations
of the administration and authorize payment of $32 and $976 to Kellogg,
Inc. to conclude the two contracts.
XII. CITY MANAGER REPORTS:
City Manager advised Council that the City had fared quite
well in Juneau, receiving funding for the electric inter-tie, Lowell
Canyon Tunnel, Gateway Subdivision and the coal project. Funds had also
been committed for engineering and site planning for the proposed
maximum security prison, but the location had not yet been decided.
XIII.
COUNCIL DISCUSSION:
CRIPPS related a request from O'Brien that the Benny Benson
memorial be painted.
XIV. CITIZENS' DISCUSSION:
None
XV. ADJOURNMENT:
Mayor
(City
.., {) A
"
....~----.::
PAGE 124
REGULAR MEETING - July 11, 1983
VOLUME 20
1.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to
order at 7:30 p.m. by Vice-Mayor John F. Gillespie.
11. OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Vice-Mayor Gillespie and Councilmembers
Burgess, Meehan, O'Brien, Swartz, and Wilson
(Absent with Council consent was Mayor Cripps)
Present also: City Manager Garzini, Assistant City Manager
Schaefermeyer, City Attorney Hughes,
Administrative Assistant Martin, City Engineer
Dooley, Finance Director Gale, Deputy City
Clerk Audette
Immediately following the roll call, Vice-Mayor Gillespie had
the Deputy City Clerk read a Proclamation naming July 16-22, 1983, to be
Seward, Nebraska Week.
IV. APPROVAL OF MINUTES:
It was moved by Meehan, seconded by Burgess and unanimously
carried by all those present to approve the June 23, 1983, regular
meeting minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested the following addition to the regular
meeting agenda:
IX.
ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction
1. Proposed Ordinance No.
construction camps
projects at the Marine
517, permitting
on City Capital
Industrial Center.
It was moved by Wilson, seconded by Swartz and unanimously carried by
all those present to approve the regular meeting agenda as amended.
VI. BOROUGH ASSEMBLY REPORT:
No report given.
VII. PUBLIC HEARINGS:
TV:
A. Notice of Public Hearing relative to the proposed lease
agreement with Resurrection Bay Television, Inc., as published and
posted as required by law, and July ,5, 1983 memorandum from
Administrative Assistant Martin were noted, City Manager recommended
approval of the lease as proposed. The public hearing was opened; no
one appeared from the audience in order to be heard and the public
hearing was closed.
RE-018:
B. Notice of Public Hearing relative to the proposed lease of
the "Old Depot" building and the preferential use of the Fourth Avenue
Dock to the State Ferry System; June 28, 1983 memorandum from
Administrative Assistant Martin; and copies of the proposed Lease and
Dock License Agreement and the proposed resolution regarding the
aforementioned lease were noted. City Manager recommended approval of
the proposed lease as the State Ferry System finds the terms of the
lease acceptable and they have been good tenants. The Public Hearing
was opened. Willard Dunham, Forest Acres, appeared from the audience
and explained how the east pilings used to tie up the bow lines from the
, nr:
PAGE 125
REGULAR MEETING - JULY 11, 1983
VOLUME 20
VII. PUBLIC HEARINGS: (Cont'd)
I
Ferry have worn one-third through and felt they should either be
replaced or "beefed-up". City Manager and Councilmember additions to
the list of needed repairs and improvements to the dock and "Old Depot"
building were: lighting for the dock area, paving of the dock parking
lot, reinforcing the undermined bumper pilings, and paint and rewire the
depot building. During prior consultation with the Ferry Captain, City
Engineer Dooley reported that he had been requested to have a red and
green light system installed at either end of the dock to facilitate a
safer docking procedure during dark and foggy conditions. The City
Manager reported that his contact with Department of Transportation
officials revealed that the Department was satisfied with the facility
as is and they did not request improvements. The City Manager felt
caution was in order as each repair or improvement project would cost
thousands of dollars and before pursuing these projects a study should
be conducted on what a new north-south dock would entail. Burgess
emphasized Swartz' previous request for the Administration to inspect
and estimate the cost of the various maintenance and improvement
projects for the dock and Ferry building. No one else appeared from the
audience in order to be heard, and the public hearing was closed .
RE-018
(Cont'd):
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
I
1. Copies having been made
distributed to Council, Gillespie noted
ordinance entitled:
available to the public and
by title only a proposed
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, AMENDING SECTION 21-10(a)
OF THE SEWARD CITY CODE.
City Manager explained that this ordinance would allow temporary camps
to set up at the construction site of any City capital project located
at the Marine Industrial Center (MIC). The City Manager noted that if
Council failed to enact this amendment, Chris Berg, Inc. will have an
unfair advantage over other bidding firms for MIC projects as they
already have a construction camp located on private property near MIC.
Following further discussion, it was moved by Meehan, seconded by
Burgess and unanimously carried by all those present to introduce
proposed Ordinance No. 517.
B. Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
Reso/Elec Dept.: 1. Copies having been made available to the public,
Gillespie noted by title only a proposed resolution entitled:
I
A RESOLUTION ESTABLISHING RATES AND
CHARGES FOR ELECTRIC POWER FOR
THE PERIOD COMMENCING JULY 15, 1983.
The City Manager noted that the City's rate consultant recommended a
5% increase to the fixed monthly fee to represent a more accurate cost
of service. The energy usage fee would still be a direct reflection of
what Chugach Electric charges the City. The City Manager, City
Engineer, Finance Director, and Council reviewed the attachments to the
resolution listing the schedule of fees and charges for existing and new
facilities. It was moved by O'Brien to raise the dishonored check fee
from $10.00 to $20.00; the motion died for lack of a second. It was
~~ i)f~
.1 L.. 0
PAGE 126
REGULAR MEETING - JULY 11, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
moved by Meehan, seconded by Burgess and unanimously carried by all
those present to approve Resolution No. 83-39.
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
A. The Deputy Clerk explained that last December
Councilmember O'Brien had asked that the replacement of the damaged and
burned-out lights on the Christmas tree located on Bear Mountain be
added to the agenda of the first Council meeting of the new fiscal year.
The City Manager reported that the Public Works department has agreed to
fix the lights on the tree. 0' Brien felt that the Public Works crew
deserved recognition for this effort.
Trade Board: B. July 5, 1983, memorandum from Administrative Assistant
Martin relative to the International Trade and Industry Development
Board Annual Report was noted. Bob Richardson, Albert Kawabe, Willard
Dunham, Dale Lindsey, and Kerry Martin were in attendance to represent
the Board. Richardson, Kawabe, and Dunham reported on the Board's
accomplishments and on-going projects since it's conception. Richardson
noted that the Trade Board had received numerous compliments on Mayor
Cripps' contacts during the recent Trade Mission to the Orient. The City
Manager and the Council felt that the Trade Board should be commended
for their efforts and accomplishments. It was moved by Burgess,
seconded by Swartz and unanimously carried by all those present to
continue the existence of the Trade Board for FY 84.
Con-024 C. July 8,1983 and July 11,1983 memoranda from City
Engineer Dooley regarding the Marine Industrial Park Phase III contract
close-out with Chris Berg, Inc. were noted. The City Manager stated that
the increase in costs was necessitated by changes in pipe piling
specifications. Following Council discussion, it was moved by Burgess,
seconded by Wilson and unanimously carried by all those present to
approve the final contract change order to increase the Chris Berg
Contract by $162,391 for a final adjusted contract amount of
$14,006,869.40.
Contracts:-061 D. July 6, 1983, memorandum from City Engineer Dooley
regarding the Fourth of July Creek Tracts survey was noted. Dooley
explained to Council that this survey of the 160 acres at Fourth of July
Creek was required by the Kenai Peninsula Borough before the land
exchange could be finalized. Following further discussion, it was moved
by O'Brien, seconded by Meehan and carried as follows to enter into
negotiations with S & S Engineering, Inc. for completing the surveying
and plating work based on the proposed estimated costs, with Council
approval to negotiate with Alaska Land Surveys and/or Alaska Development
Consultants in the event that the Engineering and Utilities Manager
cannot agree on a contract favorable to the City with S & S Engineers,
Inc. :
AYES:
NOES:
ABSTAIN:
Gillespie, Meehan, O'Brien, Swartz, and Wilson
None
Burgess
NOTE: Burgess, DBA Alaska Land Surveys, declared a. direct financial
interest in the survey negotiation approval.
XI1. CITY MANAGER REPORTS:
City Manager informed the Council that the Coal Terminal was
still seriously being discussed and he would keep Council apprised of
any new developments.
... ....".....
PAGE
REGULAR MEETING - JULY 11, 1983
VOLUME 20
XII 1.
COUNCIL DISCUSSION:
I
SWARTZ expressed concern over the lack of activities planned
for the passengers from the Fairsea, a recent visiting tour boat. She
felt Seward could learn from Fairbanks and Southeastern towns on what
appeals to and attracts tourists. O'Brien agreed, and thought that any
ideas could be directed to the Chamber of Commerce as they seemed to be
the logical organizers of the tourism trade. Dale Lindsey, a Trade
Board representative, shared the fact that the development of tourist
attractions such as Exit Glacier, the University of Alaska Marine
Institute, and ARR passenger service out of Seward was not in the
control of Seward as funding for these proj ect came from State and
Federal monies.
WILSON commended the Trade Board for their accomplishments
during the past year.
MEEHAN also felt impressed with the Trade Board.
Meehan expressed a desire to encourage any
multi-station cable television companies to establish a
Seward.
attempts
business
by
in
In relation to an inquiry regarding power hook-up to the
docked Ferry, City Engineer Dooley explained to Meehan that he had
contacted the Ferry Manager, the Superintendent in Juneau, the Captain
and First Mate on the Tustumena, and they all emphasized that the shore
facilities were adequate.
I
BURGESS also felt that the Trade Board should be commended for
their efforts and accomplishments this past year.
Burgess asked for clarification from the City Manager on the
accusations printed in the last Phoenix Log from an official of
Century/Quadra. Garzini explained that the allegations concerned the
cause of the delay in the bidding process for the shiplift proj ect
at the Marine Industrial Center. Actually, the contract was awarded to
Century/Quadra in August, 1982 with an effective date of May, 1982; the
City of Seward was billed and paid from May, 1982. Century/Quadra
further alleged that they had not received the construction manual from
Pearlson Engineering until June 16, 1983. The City Manager explained
that Century/Quadra had only to inform the City of this problem and a
manual would have been promptly passed on to them. A third reason
listed for the delay was the addition of a few minor changes to the
bidding specifications. Consultation with several engineers revealed
that the changes entailed a few extra days work at most.
0' BRIEN asked Kawabe for an estimate of the amount spent by
each R & R/Provision vessel. Kawabe thought $150 to $200 hundred
thousand would be a rough estimate, but wanted to emphasize that
future dock usage could also be in terms of cold-storage cargo vessels
which would mean development of other support facilities.
XIV. CITIZENS' DISCUSSION:
Dale Lindsey, 1st Ave. Seward, voiced concern over the move by
Ted Stevens to ease foreign vessels out of the 200-mile limit.
XV.
ADJOURNMENT:
I
The meeting was adjourned at 9:45 p.m.
G J} )~
v:.,~ V.
Donald W. Cripps ~
Mayor
;' 0n
-,-', '"
PAGE 128
SPECIAL MEETING - JULY 19, 1983
VOLUME 20
1.
CALL TO ORDER:
The special meeting of the Seward City Council was called to
order at 7:30 p.m. by Vice Mayor John F. Gillespie.
II. OPENING CEREMONY:
Councilmember Meehan led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Vice Mayor Gillespie and Councilmembers
Burgess, Meehan and Swartz (Absent, with
Council consent, were Mayor Cripps and
Councilmembers O'Brien and Wilson)
Present also: City Engineer Dooley and City Clerk Murphy
IV. SPECIAL ITEM:
CON-058:
A. July 19, 1983, memorandum from City Engineer Dennis M.
Dooley recommending the award of a contract to Copper Valley
Construction, Inc. for reconstruction of the Fourth of July Creek North
Levy was noted. Dooley stated that the Engineer's Estimate for the job
was $1,000,008; Copper Valley's bid was $442,029. In response to
questions from Council, he explained that State construction firms were
"hungry", adding that the second low bid came in at only $73,000 more
than Copper Valley's. Bill Toskey, representing Acres/Hanscomb, stated
that all sources contacted praised Copper Valley, noting that the firm
has been in business in the State for over 20 years. He also noted that
Burrell/Heppner would be subcontracting the blasting and reminded
Council that B/H was very familiar with the area, having worked at the
site last year.
Following further discussion, it was moved by Burgess,
seconded by Meehan and unanimously carried by all those present to
accept the bid of Copper Valley Construction for the repair of the North
Levy.
B. Deleted.
V. CITIZENS' DISCUSSION:
VI. ADJOURNMENT:
adjourned at 7:36 p.m.
PAGE 128
REGULAR MEETING - JULY 25, 1983
VOLUME 20
1.
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 Gillespie led the pledge of allegiance to the
flag.
I
I
I
PAGE 129
REGULAR MEETING - JULY 25, 1983
VOLUME 20
II 1. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan and Swartz (Absent, with
Council consent, were Councilmembers O'Brien
and Wilson)
Present also: Assistant City Manager Schaefermeyer, City At-
torney Hughes and City Clerk Murphy
APPROVAL OF MINUTES:
It was moved by Swartz, seconded by Burgess and unanimously
by all those present to approve the July 11, 1983, regular
minutes and the July 19, 1983, special meeting minutes as
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Assistant City Manager (ACM) requested the following additions
to the regular meeting agenda:
IX. ORDINANCES AND RESOLUTIONS:
C. Resolutions:
7. Proposed Resolution No. 83-47, requesting
the Kenai Peninsula Borough to adopt a
flood plain management program
8. Proposed Resolution No. 84-48, providing
for an election upon a proposed amendment
to the City Charter allowing the issuing
of industrial bonds.
XL
NEW
A.
BUSINESS:
July 22, 1983, memorandum from City
Dooley relative to the waiver of
qualification statement date for
installation
IV.
carried
meeting
written.
V.
Engineer
Pre-bid
shiplift
It was moved by Gillespie, 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 actions were taken:
1.
Resolution No. 83-40, approving the purchase of two new
police vehicles, was approved and filed;
C. EQUIP. /POL.
DEPT./RESO:
C .ATTY:
FINANCE DEPT:
V1.
2.
June 1983, invoice from Hughes, Thorsness, Gantz, Powell
and Brundin for legal services totalling $9,800.84, was
approved for payment and filed.
3.
July 8, 1983, Finance Department list of accounts payable
totalling $1,654,457.99 was approved for payment. and
filed.
4. July 12, 1983, letter from Multivisions regarding Willie
Communications and cable TV was noted for iriformation and
filed.
5.
July 18, 1983, memorandum
end unaudited expenses
information and filed.
from Joe Gale relative to year
and revenues was noted for
BOROUGH ASSEMBLY REPORT:
VII. PUBLIC HEARINGS:
No report given.
LEASE 007: A.
Kerry Martin
Railroad for
July 18, 1983, memorandum from Administrative Assistant
relative to a proposed lease of property from the Alaska
the purpose of maintaining a utility pole yard was noted.
~30
PAGE 130
REGULAR MEETING - JULY 25, 1983
VOLUME 20
VII. PUBLIC HEARINGS: (Cont'd)
LEASE 007
(Cont'd):
ACM stated that a public hearing was required by City Code prior to the
lease of real property by the City.
Notice of Public Hearing as published and posted by law 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. Cripps
explained that the City proposed to lease a space for the pole yard in
an effort to clean up the greenbelt area. A resolution approving the
lease was scheduled for consideration at the August 8 regular meeting.
SBH/OCEANVIEW SUB/ B. ACM stated that the City has been involved in discussions
LOCAL ORGS: with the Seward Elks Lodge relative to their acquisition of property in
the Small Boat Harbor for the construction of a new lodge. Since space
in the Small Boat Harbor area is limited and given the fact that the
proposed buyer is a private club not open to the general public, it was
the recommendation of the administration that this issue be put before
the qualified voters of the City during the October 4, 1983, regular
municipal election in the form of a ballot proposition.
Notice or Public Hearing as published and posted by law
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. The
resolution allowing for the sale upon affirmation by a majority of those
qualified voters voting in the regular election was scheduled for
consideration at the August 8 regular meeting.
GRANTS/FIRE DEPT/ C. ACM explained that under new federal regulations,
C.EQUIP: community block grants are now administered by the State Department of
Community and Regional Affairs. Upon notification from C&RA that funds
were available, the City had prepared an application for funds to assist
in the purchase of a new fire pumper. State regulations required a
pub lic hearing and approval of a resolution (to be considered under
agenda item IX(C)(2) prior to filing an application.
Notice of Public Hearing as published and posted by law
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.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
EXCHANGE
PROGRAM:
A. Brent Whitmore appeared from the audience and introduced
the 8 exchange students present (4 from Seward and 4 from Obihiro,
Japan) . He also thanked the City for its continued support of the
exchange program now in its eleventh year. Each of the 4 students from
Obihiro spoke in turn before Council. Following this presentation,
Mayor Cripps presented each of the Japanese students with a certificate
naming them "Honorary Junior Councilmembers".
TV:
B. Gene Stewart of Willie Communications appeared before
Council and requested Council support for his efforts to provide cable
TV service to Seward. He stated that the Phoenix Log had erroneously
reported that he was working with Multivisions in Eagle River, adding
that this was a misunderstanding of his statements of June 13. He went
on to say that he is currently involved in efforts to obtain
certification from APUC. ACM recommended that the City refrain from
entering into any negotiations prior to certification by the APUC. He
noted that the only agreement the City had authority to negotiate was
one for pole use. Stewart reported that he had completed his survey of
the residents of Seward and had found 85% in favor of the installation
of a cable TV system.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
TRAILERS/MIC/ORD: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance allowing the placement
"" 1)-
PAGE 131
REGULAR MEETING - JULY 25, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
TRAILER/MIC/ B. Ordinances for Public Hearing and Enactment: (Cont'd)
ORD: (Cont'd):
of construction camps on City capital projects at the Marine Industrial
Center entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
SECTION 21-10(a) OF THE CITY CODE.
I
Notice of Public Hearing as published and posted by law 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. ACM noted July 19,
1983, memorandum from City Engineer Dooley recommending enactment. It
was moved by Gillespie, seconded by Burgess and unanimously carried by
all those present to enact Ordinance No. 517, effective August 3, 1983.
C. Resolutions:
GRANTS/COMP PLAN/ 1. Copies having been made available to the public,
P&Z/REsO:Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ENDORSING
THE EFFORTS OF THE KENAI PENINSULA
BOROUGH TO SECURE COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR AN
UPDATE OF THE SEWARD COMPREHENSIVE
PLAN.
I
July 20, 1983, memorandum from Administrative Assistant Martin and
July 11, 1983, memorandum from Senior KPB Planner Steve Cervantes were
noted. Martin noted that the Seward Comprehensive Plan was completed in
1967 and had never been officially adopted by the City. He added that
the Land Use Plan had been updated in 1979, but the entire Comprehensive
Plan needed updating. It was moved by Gillespie, seconded by Burgess
and unanimously carried by all those present to approve Resolution No.
83-41.
GRANTS/FIRE DEPT: 2. Copies having been made available to the public,
RESO: Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
AUTHORIZING THE FILING OF A COMMUNITY
DEVELOPMENT BLOCK GRANT APPLICATION.
ACM noted that this item had been the subj ect of a public hearing
earlier in the meeting. He added that the City was requesting $105,000
and would match this with $61,000 in City funds to purchase a new fire
pumper for the City Fire Department. Following discussion, it was moved
by Meehan, seconded by Swartz and unanimously carried by all those
present to approve Resolution No. 83-42.
RE-032 /TV /RESO: 3. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
AUTHORIZING A LEASE AGREEMENT WITH
RESURRECTION BAY ENTERTAINMENT
TELEVISION, INC.
ACM recommended approval of the contract authorizing the lease at the
current rate of $150/month. It was moved by Burgess, seconded by
Gillespie and unanimously carried by all those present to approve
Resolution No. 83-43.
-- ;-..,.....,
PAGE 132
REGULAR MEETING - JULY 25, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
RE-018/FERRY/RESO:
4. Copies having been made available to
Cripps noted by title only a proposed resolution entitled:
the public,
A RESOLUTION PROVIDING FOR THE
DISPOSAL BY LEASE OF THE "OLD DEPOT"
BUILDING AND PREFERENTIAL USE OF THE
FOURTH AVENUE DOCK BY THE ALASKA
STATE FERRY SYSTEM.
ACM added that the rental amount on the depot building would remain the
same at $431/month, with a 5% increase in the fee for preferential use
of the dock. It was moved by Swartz, seconded by Gillespie and
unanimously carried by all those present to approve Resolution No. 83-44
providing for disposal by lease of the "Old Depot" building and the
preferential use of the Fourth Avenue Dock to the Alaska State Ferry
System.
STREETS/CON-059 /RESO: 5. 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,
APPROPRIATING FUNDS FOR CONCRETE WORK
FOR SIDEWALK REPAIRS WITHOUT
UTILIZATION OF THE BID PROCEDURES AS
SET FORTH IN SECTION 10-8 OF THE
SEWARD CITY CODE.
ACM noted July 19, 1983, memorandum from Special Projects Engineer Tim
Pflum relative to the need for additional sidewalk repair. He added
that Metco, Inc., the only area supplier of concrete, would again be
awarded the contract in an amount not to exceed $20,000. Following
discussion, it was moved by Meehan, seconded by Swartz and unanimously
carried by all those present to approve Resolution No. 83-45.
BONDS/RESO: 6. 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,
DETERMINING TO SELL REVENUE BONDS TO
PROVIDE FUNDS TO FINANCE CERTAIN
FACILITIES WITHIN THE CITY.
Eric Wohlforth, bond attorney for SunEel Alaska; Bill Noll, Vice
President of SunEel; and Sam Florance, Vice President of First Southwest
Company, appeared from the audience and briefly defined the industrial
revenue bond and described the City's role should SunEel enter into a
bond sale to finance its coal export operation. All three stressed the
fact that the City would incur no liability. This resolution
represented an "agreement to agree" and was a tool whereby SunEel could
reduce the cost of financing through the issuance of tax-exempt bonds.
Following discussion, it was moved by Gillespie, seconded by Meehan and
unanimously carried by all those present to approve Resolution No.
83-46.
FLOOD CONTROL/RESO:
distributed
entitled:
7. Copies having been made available to the public and
to Council, Cripps noted by title only a proposed resolution
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
REQUESTING THE KENAI PENINSULA
BOROUGH TO ADOPT A FLOOD PLAIN
MANAGEMENT PROGRAM.
PAGE 133
REGULAR MEETING - JULY 25, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
FLD.CONT/
RESO:
(cont'd)
C. Resolutions: (Cont' d)
I
Gillespie stated that this issue had been before the Borough Assembly in
the past but had been defeated by those members of the Assembly who saw
a federally subsidized flood insurance program as "another intrusion by
the federal government into their lives". ACM explained that, without
this program, the cost of flood insurance in designated flood plain
areas was exorbitant, adding that the City was in need of flood
insurance for the Sewage Treatment facility and the Marine Industrial
Center but could not afford the estimated $0.45 per $100.00 insured
value. Following further discussion, it was moved by Gillespie,
seconded by Meehan and unanimously carried by all those present to
approve Resolution No. 83-47.
BONDS/CHARTER/
ELEC/ distributed
RESO: entitled:
8. Copies having been made available to the public and
to Council, Cripps noted by title only a proposed resolution
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, PROVIDING
FOR AN ELECTION UPON A PROPOSED
AMENDMENT TO THE CITY CHARTER
ALLOWING FOR THE ISSUING OF
INDUSTRIAL DEVELOPMENT BONDS.
Eric Wohlforth appeared from the audience and explained to Council that
the City's Charter was drafted and adopted prior to the wide scale use
of industrial development bonds and therefore did not provide for the
issuance of same. This charter amendment, therefore, was needed to
allow the City to work with SunEel should a bond sale occur. It was
moved by Gillespie, seconded by Swartz and unanimously carried by all
those present to approve Resolution No. 83-48.
I
X.
UNFINISHED BUSINESS:
None.
XI. NEW BUSINESS:
C.EQUIP/PW DEPT/ A. July 19, 1983, memorandum from City Engineer Dooley
BIDS: relative to his recommendation that the City solicit bids for the
purchase of a new dump truck for the Public Works Department was noted.
Following discussion, it was moved by Burgess, seconded by Meehan and
unanimously carried by all those present to authorize the Engineering
Department to seek bids from interested firms in order to purchase a
dump truck for the Public Works Division.
MIC/CON-060: B. July 14, 1983, memorandum from City Engineer Dennis
Dooley relative to his recommendation to award a contract for rail
corridor survey and mapping to Alaska Land Surveys was noted. ACM added
that this proj ect was to be funded under the budget approved by the
Council in June. Following discussion, it was moved by Meehan, seconded
by Swartz and carried as follows to allow the City Manager to issue a
purchase order in the amount of $7,500 to Alaska Land Surveys for work
performed in surveying and mapping the proposed rail corridor:
I
AYES:
NOES:
** ABSTAIN:
Cripps, Gillespie, Meehan and Swartz
None
Burgess
** BURGESS declared a conflict of interest relative to his position as
owner of Alaska Land Surveys.
PURCHASING/ C. July 20, 1983, memorandum from City Engineer Dooley
UTIL: relative to his request for Council approval of the purchase of
additional utility poles was noted. ACM added that, upon approval, a
resolution would be prepared for the August 8 meeting authorizing the
purchase of the poles without going to public bid. Following
<; (> "
1.04
PAGE 134
REGULAR MEETING - JULY 25, 1983
VOLUME 20
XI. NEW BUSINESS: (Cont'd)
discussion, it was moved by Gillespie, seconded by Swartz and
unanimously carried by all those present to authorize the City Manager
to purchase cedar utility poles and associated crossarms from McFarland
Cascade at a price not to exceed $43,000.
MIC: D. July 22, 1983, memorandum from City Engineer Dennis
Dooley; July 22, 1983, letter from Acres/Hanscomb; and July 19, 1983,
letter from VECO, Inc. were noted. City Attorney briefly outlined the
background for the requested waiver of the pre-bid qualification date
stating that a clerical error on the part of Acres/Hanscomb had
eliminated one of the qualified prospective bidders (C.T. Main). The
administration had, therefore, determined ,that the b.est remedy was to
extend the bid-opening date and the pre-bid qualifying date to Friday,
July 29. The effect of this would be to allow two previously
disqualified bidders--VECO and Riedel--to submit bids. '~ollowing
further discussion, it was moved by Gillespie, seconded by Burgess and
unanimously carried by all those present to approve modification to the
date of pre-bid qualification statement requirement to a requirement
that such statement be presented prior to bid opening.
XII. CITY MANAGER REPORTS:
Schaefermeyer informed Council that the City Manager's
daughter had been medivaced to Anchorage as the result of an asthma
"attack" earlier in the day.
Schaefermeyer noted that copies of the approved
had been provided Council. He also reminded Council of
ceremonies scheduled for Saturday at 12:00 noon at
Pavilion.
FY 1984 budget
the dedication
the Greenbelt
XIII.
COUNCIL DISCUSSION:
GILLESPIE asked Schaefermeyer to have the light pole at Third
and Adams inspected--a citizen had reported that it was out of order.
Gillespie also asked if the City would once again coordinate
paving for the private sector with the contractor in town to pave the
airport runway.
BURGESS asked about the status of the new City logo. Martin
explained that envelopes and letterhead stationery were available as
well as logos for City vehicles. Lapel pins should be available in the
near future.
Burgess also asked that some steps be taken to prohibit RV
parking in the downtown area. Police Chief Bencardino stated that
Public Works Foreman Albertson had ordered signs to be posted.
CRIPPS reported on his trip to Fairbanks to attend the Alaska
Railroad's 60th anniversary celebration. He also reported that he had
learned that there were many seats on various boards and commissions
still to be filled by the Sheffield Administration and asked Council to
be thinking about possible nominations.
XIV. CITIZENS' DISCUSSION:
A. Willard Dunham, Forest Acres, Seward, appeared from the
audience and suggested that the City had a vehicle for making
nominations through Ray Gillespie and further suggested that the City
consider members of the Chamber when making these nominations. Dunham
also reminded Council that no decision has yet been made on the
selection of a site for the maximum security prison and added that there
should be some movement from the City to show the State that we are
still interested.
B. Beverly Dunham, Forest Acres, Seward, appeared from the
audience and suggested that the City coordinate with other cities that
might benefit from the transfer of the Alaska Railroad to the State so
that a lobbying effort could be initiated.
..'"'~
, ,
PAGE 135
REGULAR MEETING - JULY 25, 1983
VOLUME 20
XIV. CITIZENS' DISCUSSION: (Cont'd)
C. Kerry Martin appeared from the audience and reported that
the visit from representatives of Seward, Nebraska had been a success.
He further noted that the residents of Seward, Alaska had been invited
to visit Nebraska next year.
xv.
at 9:45 p.m.
I
{2AJe
Donald W. Cripps -
Mayor
1.
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 Wilson led the pledge of allegiance to the flag.
III. ROLL CALL:
I
Present were: Mayor Cripps and Councilmembers Burgess,
Meehan and Wilson (Absent, with Council
consent, were Councilmembers Gillespie, O'Brien
and Swartz)
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Assistant City Manager
City Attorney Arvidson and City
IV.
APPROVAL OF MINUTES:
carried
meeting
It was moved by Burgess, seconded by Meehan and unanimously
by all those present to approve the July 25, 1983, regular
minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested the following addition to the regular
meeting agenda:
XI. NEW BUSINESS:
C. August 5, 1983, letter from Seward Chapel
requesting an extension of time for the use of
its present school facility pending completion
of a new structure
I
It was moved by Meehan, 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:
RESO/PURCH: 1.
Resolution No. 83-49, authorizing the purchase of utility
poles, was approved and filed;
RESO/PURCH/EQUIP: 2.
Resolution No. 83-50, authorizing the purchase of a
pickup truck for the Harbor Department, was approved and
filed;
136
PAGE 136
REGULAR MEETING - AUGUST 8, 1983
VOLUME 20
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
3. August 2, 1983, letter from SLAC reviewing the State Day
Care Assistance program for Seward for FY 83, was noted
for information and filed; and
4.
July 29, 1983, letter from
thanking the Council for
information and filed.
Bill Noll, Suneel Alaska Corp,
its support, was noted for
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the Assembly meeting of August 2, 1983.
VII. PUBLIC HEARINGS:
JESSE
LEE/PH: A.
relative to
Addition No.
hearing was
Notice of public hearing as posted and published by law
the proposed disposal of Jesse Lee Heights Subdivision
1, containing the Jesse Lee Home, was noted and the public
opened.
WILL ROWLEY, 7200 Winchester, Anchorage, appeared from
the audience and spoke in opposition to splitting the Jesse Lee property
into two separate parcels. City Manager explained the administrative
reasons for doing so, emphasizing the fact that marketability of the
property was improved by breaking it into 3 smaller parcels.
No one else appeared from the audience in order to be heard,
and the public hearing was closed.
VII 1.
CITIZENS' DISCUSSION: (With prior notice only)
SISTER CITY: A. Bob Richardson appeared from the audience and officially
presented to the City the award from Sister Cities International for the
best single project for cities with a population of less than 50,000.
The project highlighted was the Band and Chorus trip to Obihiro in the
summer of 1982. Cripps noted that the exchange program between Obihiro
and the City of Seward had been in existence for 12 years, adding that
Richardson and Brent Whitmore deserved recognition for making the
program a success.
IBEW:
B. Russell Snell, Shop Stewart for the local IBEW employees,
appeared from the audience and presented Council, the Administration and
the press with a breakdown of wages paid to five utilities around the
state showing Seward IBEW employees as the lowest paid of the five. He
stated that he wished to dispel the rumor that they were the highest
paid utility in the State. [See XII(A).]
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None.
B. Ordinances for Public Hearing and Enactment:
None.
C.
Resolutions:
RESO/ELECT/BPOE/
OCNVW Cripps noted
SUB:
1. Copies having been made available to the public,
by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
AUTHORIZING THE SOLE SOURCE SALE OF A
PARCEL OF LAND TO THE SEWARD ELKS
LODGE.
PAGE 137
REGULAR MEETING - AUGUST 8, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
Schaefermeyer noted that approval of this resolution would place before
the qualified electors of the City the question of whether a 16,000
square foot parcel of land located in the Small Boat Harbor (a portion
of Block 6, Oceanview Subdivision) should be sole sourced to the Seward
Elks Lodge for the purpose of constructing and operating a new lodge
facility.
I
City Manager requested an amendment to Section 5 of the
resolution, changing the question to read as follows:
"Shall the City of Seward, Alaska,
finalize the sale at fair market value of
the following described real property to
the Seward Elks Lodge No. 177 3 (as
negotiated by the City Manager)?"
[NOTE: Underlined portion added; portion
in parentheses deleted.]
In response to questions from Wilson, City Manager explained that the
property had been appraised and that the sale, if approved by the
voters, would be based on the fair market value affixed to the property
by the Appraisal Company of Alaska. He further stated that, since the
Elks is a private club, a sale would be simpler and less likely to cause
legal problems for the City than a lease. Following further discussion,
it was moved by Meehan, seconded by Burgess and unanimously carried by
all those present to approve Resolution No. 83-51 as amended.
RESO/ARR/LEASE: 2. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
I
A RESOLUTION OF AUTHORIZING THE LEASE
OF PROPERTY FROM THE ALASKA RAILROAD
FOR THE MAINTENANCE OF A UTILITY
POLE YARD.
Also noted was a July 18, 1983, memorandum from Administrative Assistant
Kerry Martin recommending Council approval of the resolution. City
Manager informed Council that the poles had already been moved from the
Greenbelt area to the proposed new site. In response to a question from
Burgess, he stated that the final lease price of $2,OOO/annually was
still under negotiation, adding that he hoped to get a better deal for
the City. It was moved by Wilson, seconded by Burgess and unanimously
carried by all those present to approve Resolution No. 83-52.
JESSE LEE/RESO: 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,
AUTHORIZING THE INITIATION OF THE
PUBLIC BID PROCESS FOR THE DISPOSAL
OF THE JESSE LEE HOME PROPERTY.
I
Also noted was an August 3, 1983, memorandum from Martin recommending
Council approval of the proposed resolution. Martin further noted that
the parcel had actually been divided into four parcels, the fourth being
a right-of-way encroachment for access to the Gateway Subdivision. City
Manager explained that the structure located on the property had fallen
into a state of disrepair and was now a detriment to the property,
adding that it was becoming an increased burden and insurance liability
to the City. In response to a question from Burgess regarding a
possible conflict of interest, City Attorney stated that since the
replat of the property would be necessary whether the sale of the
property actually takes place or not, he could vote on the question at
hand. Following further discussion, it was moved by Wilson, seconded by
Meehan and unanimously carried by all those present to approve
Resolution No. 83-53.
~ ~ n
-1uO
PAGE 138
REGULAR MEETING - AUGUST 8, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
RESO/NORTH HARBOR SUB/ 4. Copies having been made available to the public,
RE-043: Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
AUTHORIZING THAT SOLE SOURCE LEASE
PROCEEDINGS BE INITIATED FOR A
PORTION OF TRACT A, NORTH HARBOR
SUBDIVISION, TO MR. JIM PRUITT FOR
THE PURPOSE OF MAINTAINING AND
OPERATING A SELF-SERVICE GAS STATION
AND CAR WASH.
Also noted was an August 3, 1983, memorandum from Martin recommending
approval of the proposed resolution. Martin further explained to
Council the history of the proposed lease of additional property to the
north and west of Pruitt's current leasehold. He noted that, while the
car wash was profitable when open, it could not support the presence of
an attendant to guard against vandalism. With the addition of a
self-service gas station adjacent to the car wash, an attendant would be
warranted. Martin also noted that the property in question had
previously been identified in the Small Boat Harbor Master Plan--now
ready to be presented to the Planning and Zoning Advisory Commission and
then to Council--as an area that should be made available for private
development. Following further discussion, it was moved by Meehan,
seconded by Burgess and unanimously carried by all those present to
approve Resolution No. 83-54.
RESO/P&R: 5. 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,
APPROPRIATING FUNDS FOR THE
RENOVATION OF AN OFFICE AND STORAGE
FACILITY FOR THE PARKS AND RECREATION
DEPARTMENT.
Also noted was a July 25, 1983, memorandum from Parks and Recreation
Director John Noble recommending approval of the proposed resolution.
City Manager also recommended approval, stressing the need to provide a
centralized location for the parks and recreation staff and equipment.
He added that, for very little money, the warehouse in question--which
had been acquired when the army recreation camp was deeded to the
City--could be restored to make a safe and usable facility. In response
to a question from Wilson, City Manager explained that the $20,000
requested would come from the City's fund balance which is made up of
surplus funds not spent in previous years. Following further
discussion, it was moved by Burgess, seconded by Wilson and unanimously
carried by all those present to approve Resolution No. 83-55.
X.
UNFINISHED BUSINESS:
RE 014: A. July 31, 1983, memorandum from Administrative Assistant
Kerry Martin relative to Juris Mindenbergs' lease of Lots 5-6, Block 1,
Marina Subdivision, was noted. Martin indicated that Mindenbergs was
amenable to splitting the lease of the lots into two separate leases and
further was willing to develop and construct a business on Lot 5 prior
to September, 1984. Following further discussion, it was moved by
Burgess, seconded by Meehan and unanimously carried by all those present
to approve the administration's recommended course of action relative to
Mindenbergs' lease of property as follows:
1. Assume that all off-street parking requirements for the
Small Boat Harbor area are satisfied by the public
parking available in that area, thus relieving
Mindenbergs of having to maintain Lot 5 for parking;
..,,,,",
, .
PAGE 139
REGULAR MEETING - AUGUST 8, 1983
VOLUME 20
X.
UNFINISHED BUSINESS: (Cont'd)
2. Separate the lease of Lots 5 and 6 into two separate
leases, each with an original lease date of April 26,
1971, and with the per square foot rental rate
established by the appraisal of said property dated
February 4, 1981;
3.
Allow the negotiation of a sublease agreement between
Mindenbergs and Owen Marine Corp for the use of Lot 6,
since this particular business use is consistent with the
needs of the harbor users; and
I
4.
Set September 1, 1984, as the deadline for the
development and completed construction of a business
consistent with the needs of the harbor area on Lot 5.
In the event this deadline is not met, the property is to
automatically revert back to the City.
XI. NEW BUSINESS:
LITIGATION & A. August 2, 1983, memorandum from Assistant City Manager
CLAIMS: Schaefermeyer relative to a claim for damages as filed by Ian Leary was
noted. Schaefermeyer stated that on June 10, 1983, a City road grader
had backed into a 1967 Pontiac LeMans driven by Leary. Leary had
subsequently filed a claim for damages to his vehicle in the amount of
$1107.50. Schaefermeyer recommended that the City settle the claim by
paying Leary $700 (the Blue Book value of the vehicle) and allowing him
to retain ownership of the car. Following discussion, it was moved by
Meehan, seconded by Wilson and unanimously carried by all those present
to follow the administration's recommendation and pay Mr. Leary $700
upon receipt of a signed release of claim.
I
MIC/cON-062: B. August 3, 1983, memorandum from City Engineer/Utilities
Manager Dennis M. Dooley and attached August 3, 1983, letter from
William M. Toskey, Program Manager for Acres/Hanscomb, was noted.
Dooley stated that bids for installation of the shiplift had been opened
publicly at 3:00 p.m. on July 29, 1983. The basic low bidder was
Crowley Constructors, Inc. with a bid of $4.726 Million. A review of
Crowley's bid found it to be in general accordance and conformity with
the bid documents with the exception of a properly executed bid bond.
Dooley recommended that Council award the installation of the shiplift
to Crowley upon receipt of a properly executed bid bond and that the
total project budget be set at $5.5 Million. Toskey noted that A/H had
investigated the three low bidders, and he added his firm's
recommendation that the award be made to Crowley. Following further
discussion, it was moved by Meehan, seconded by Burgess and unanimously
carried by all those present to follow the administration's
recommendation and award the contract for installation of the shiplift
to Crowley Constructors, Inc. and that the total project budget be
established at $5.5 Million.
I
LITIGATION: C. August 5, 1983, letter from Dennis Murphy, Seward Chapel,
requesting a time extension for the continued use of the church as a
school facility pending completion of a new facility on Nash Road was
noted. City Manager reminded Council that Seward Chapel had been
ordered by the Council to discontinue the use of the church located in
Forest Acres as a school at the end of the 82/83 school year. The
administration had no objection to allowing an extension of the vacation
date since the church had made a good faith effort to establish a school
in another location. Cripps, with the consent of Council, instructed
the administration to extend the deadline for removal of the school
until February 28, 1984.
XII. CITY MANAGER REPORTS:
A. City Manager stated that he wished to clear the record
relative to the status of the IBEW members employed by the City's
electric utility. According to the City's records, Seward's utility
employees are the second highest paid in the State, ranking behind
140
PAGE 140
REGULAR MEETING - AUGUST 8, 1983
VOLUME 20
XII. CITY MANAGER REPORTS: (Cont'd)
Chugach Electric. He further noted that the lowest paid IBEW employee
on the City payroll for calendar year 1982 cost the City $90,000, and
had a gross income (excluding benefits) of $64,900.
B. City Manager noted that Department of Transportation
(DOT) had been unable to get a TORA to the administration for
presentation to Council and added that it would probably be necessary to
call a special meeting to approve the TORA upon receipt of same and to
authorize Acres/Hanscomb to proceed with acquiring a design contract.
C. City Attorney informed Council that he would
cross claim against Century/Quadra for reimbursement of
awarded to Chris Berg, Inc. in their $2 Million plus suit
City.
be filing a
any monies
against the
XIII.
COUNCIL DISCUSSION:
WILSON asked about the status of the Master Plan for the Small
Boat Harbor area. Martin explained that it would be presented to the
Planning and Zoning Advisory Commission at its regular meeting of August
11 for review and would be presented to Council at the next regular
meeting.
MEEHAN had several questions concerning Snell's presentation
to Council. In reply, City Manager stated that the City was following
the IBEW negotiated contract to the letter. Schaefermeyer stated that
the median income for the Seward area was $18,000, well below the annual
income of the lowest paid IBEW employee.
In response to Meehan's question about recent activity in the
Boat Harbor, City Engineer stated that representatives of Suneel had
been conducting some geo-technical assessments in the area to be dredged
for the coal-loading facility.
Meehan complimented the Parks and Recreation Department and
Wells-Built Homes on the pavilion, adding that it was a great addition
to the greenbelt area.
BURGESS added his compliments to those responsible for the
pavilion.
CRIPPS read a letter from the Trade Board recognizing Kerry
Martin for his many contributions to the community through his work with
the Board.
Cripps also noted that he had attended the August 8 Trade
Board meeting and had learned that 16 vessels carrying 9 million pounds
of fish had docked in Seward in the month of July. He commended the
Trade Board for its accomplishments.
XIV. CITIZENS' DISCUSSION:
No one appeared from the audience in order to be heard.
XV. ADJOURNMENT:
The meeting was adjourned at 9:00 p.m.
.J .
,R1.er
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Q~ fJi,.
Donald W. Cripp
Mayor
PAGE 141
REGULAR MEETING - AUGUST 22, 1983
VOLUME 20
1.
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 Wilson led the pledge of allegiance to the flag.
III. ROLL CALL:
I
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan, O'Brien and Wilson (Absent,
with Council consent, was Councilmember Swartz)
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Assistant City Manager
City Attorney Arvidson and City
IV.
APPROVAL OF MINUTES:
carried
meeting
It was moved by Meehan, seconded by Burgess and unanimously
by all those present to approve the August 8, 1983, regular
minutes 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 contractual matter
and potential litigation. Cripps requested the addition of a personnel
matter to the executive session agenda. It was moved by O'Brien,
seconded by Burgess and unanimously carried by all those present to meet
in Executive Session immediately following the regular meeting.
I
There being no requested changes to the agenda, it was moved
by Wilson, seconded by Meehan and unanimously carried by all those
present to approve the regular meeting agenda and the consent calendar
as presented, and the following actions were taken:
FINANCE DEPT:
1.
August 3, 1983, Finance Department's list of accounts
payable totalling $738,444.93, was approved for payment
and filed;
RESO/GRANTS/
ELEC. DEPT:
2.
Resolution No. 83-56, accepting a grant for the electric
intertie, was approved and filed;
RESO/GRANTS/
FLOOD CONTROL:
3.
Resolution No. 83-57, accepting a grant for Lowell Creek
Storm Sewer Repair, was approved and filed;
RESO/GRANTS/
SENIOR CIT:
4.
Resolution No. 83-58, accepting a grant for a senior
citizens bus, was approved and filed;
RESO/GRANTS/
FIRE DEPT:
5.
Resolution No. 83-59, accepting a matching grant under
the Federal RCFP program, was approved and filed;
6. August 16, 1983, Public Notice relative to a revision of
the Nash Road Harbor plan was noted for information and
filed; and
7.
August 12, 1983, letter from Seward Chapel thanking
Council for granting the church's request to extend the
time frame for moving the school facility was noted for
information and filed.
I
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the Assembly meeting of August 16.
~4""
1 L,
PAGE 142
REGULAR MEETING - AUGUST 22, 1983
VOLUME 20
VII. PUBLIC HEARINGS:
RE-043 : A. Administrative Assistant Kerry Martin briefly outlined
the background relative to Jim Pruitt's request for a lease expansion to
include approximately 16,000 square feet of City property located
adj acent to the site of his current lease (the Gateway Car Wash) and
described as a portion of Tract A, North Harbor Subdivision. He
explained that the addition of a self service gas station would not only
conform to the new Small Boat Harbor plan, but would bring in enough
additional business to warrant hiring an attendant to guard against
vandalism on the premises.
Notice of Public Hearing as published and posted by law
was noted and the public hearing on disposal of this property to Mr.
Pruitt was opened; no one appeared from the audience in order to be
heard, and the public hearing was closed.
LAUBNER SUB:
B. Administrative Assistant Martin reported that Bernie Hulm
was the owner of a parcel of land located in the Laubner Subdivision on
the cliff overlooking the lagoon. Martin added that Hulm was requesting
access to his property as the platted access had been lost with the
vacation of First Avenue. Two routes were available--up the alley and
through the Two Lakes Trail or down Vista Avenue. Martin recommended
that the City agree to a right-of-way (ROW) through the alley contingent
upon Hulm providing a mapped survey showing the exact route.
Notice of Public Hearing as published and posted by law
was noted and the public hearing was opened.
RUTH MCHENRY, 510 First Avenue, appeared from the
audience and spoke in favor of granting the requested ROW but asked that
the City also consider any possible future ROW problems at this time in
an effort to avert further loss of City property.
No one else appeared from the audience in order to be
heard and the public hearing was closed.
0' Brien explained for the record that First Avenue had
been vacated at his request, adding that the vacated land was not
usable as an access. He went on to say that he had dedicated 20' of
his property to make the alley a 40-foot accessway.
VII 1.
CITIZENS' DISCUSSION: (With prior notice only)
A. Ron DeTerra appeared from the audience and asked Council
to intercede in his efforts to have a utility pole located on his
property moved to a site closer to the street. City Manager explained
that he was scheduled to meet with DeTerra and his wife on Tuesday when
they would discuss a possible time table for accomplishing the move. He
indicated that the move was a major one involving 3 or 4 poles and that
the City had not wanted to attempt such a maj or proj ect until the
Borough furnished the City a copy of the proposed road alignment for
that area. Since this document was now in hand, the City was prepared
to take steps to correct the situation.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
ORD/UTILITIES: 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance which would increase the
time span for holding utility deposits from one to five years, entitled:
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, AMENDING SECTION 22.10.030 OF
THE SEWARD CITY CODE.
Finance Director Joe Gale appeared from the audience and recommended
introduction of the proposed ordinance stating that this. change should
have the effect of lessening the City's bad debt losses. Following
discussion, it was moved by Gillespie, seconded by Wilson. and carried as
follows to introduce proposed Ordinance No. 518:
-: I "
PAGE 143
REGULAR MEETING - AUGUST 22, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
A. Ordinances for Introduction: (Cont'd)
AYES:
NOES:
Burgess, Cripps, Gillespie, Meehan and Wilson
O'Brien
B.
Ordinances for Public Hearing and Enactment:
C.
Resolutions:
I
RESO/GATEWAY SUB: 1. Copies having been made available to
Cripps noted by title only a proposed resolution entitled:
the public,
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
APPROPRIATING FUNDS FROM THE GENERAL
FUND-FUND BALANCE TO THE GATEWAY
SUBDIVISION ACCOUNT 225.
City Manager explained that the City did not intend to mothball the
Gateway Subdivision project. He noted that the paperwork would
continue, but with recent funding cuts from the State, it was not
economically feasible to continue with improvements to the area. He
added that the administration would apply for water and sewer grants for
the subdivision again next year. The real effect of this resolution
would be to close out the project on the City's books until such time as
development is warranted. Following further discussion, it was moved by
O'Brien, seconded by Gillespie and unanimously carried by all those
present to approve Resolution No. 83-60.
RESO/GRANTS/COAL: 2. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
AUTHORIZING A REQUEST TO ASSUME
RESPONSIBILITY FOR DESIGN OF THE
SEWARD COAL LOADING FACILITY.
City Manager noted that he had distributed to Council and made available
to the public a proposed substitute resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA,
AUTHORIZING THE ADMINISTRATION TO
ENTER INTO A TORA FOR THE DESIGN AND
CONSTRUCTION OF A COAL LOADING
FACILITY.
I
City Manager further recommended that the substitute resolution be
approved after deleting Section 2(e). He added that Dan Casey of
Department of Transportation and Public Facilities (DOT/PF) had stated
that a contract with Peratrovitch & Nottingham for the design of the
coal facility had been signed, eliminating the need for Section 2(e).
City Manager further stated that the proper ownership of the facility
was with the City of Seward and that the City was in a good position to
own, operate, maintain and market it. Cripps read a prepared text
favoring the completion of the proj ect but obj ecting to the City's
continued involvement if the City was required to assume any liability.
In response to a question from Meehan, City Manager explained that Sun
Eel would be assuming all operating and maintenance expense through the
tariff charged for use of the facility. Following further discussion,
it was moved by Gillespie and seconded by Burgess to approve Resolution
No. 83-61, deleting Section 2(e). It was then moved by Wilson, seconded
by Meehan and unanimously carried by all those present to further amend
the resolution by changing Section 2(c) to read as follows:
The City will not be responsible for project cost
overruns, but will coordinate all cos ts with the
Department, the Alaska Railroad and Sun Eel Alaska
:44
PAGE 144
REGULAR MEETING - AUGUST 22, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
Corporation, and the City will, with the assistance
of the Department, work with the Governor and
Legislature to obtain any additional funds that may
be necessary to complete the facility.
The main question was called, and the Council 'voted "'unanimously to
approve Resolution No. 83-61.
X.
UNFINISHED BUSINESS:
None
XI. NEW BUSINESS:
None
XII. CITY MANAGER REPORTS:
Garzini stated that Chugach Electric Association's latest rate
hike (a result of the APUC's rate study findings) would be contested by
the City. In response to a question from 0' Brien, he noted that the
City would be joining with other wholesale customers in their protest of
the new rate structure.
XIII.
COUNCIL DISCUSSION:
WILSON questioned the necessity of keeping the gate" to the
Marine Industrial Center locked. City Engineer Dooley stated that the
gate was locked in an attempt to keep out vandals and to protect people
from themselves. He noted that the ship lift cells are still uncapped
and could pose a danger to both children and adults. City Manager
suggested that the City could conduct open house tours of the site if
members of the community wished to view the facility. O'Brien reminded
Wilson that he could contact City Hall anytime he wished to gain access
to the site.
Wilson also commended Kerry Martin on the City's new logo. He
noted once again that the new pavilion was receiving much use and
suggested that the City consider building another one near the ball
diamonds.
In response to a question concerning the ballot proposition
relative to the sale of property to the Elks Lodge, City Manager stated
that the City Attorney was preparing a one-page summary which would be
available in the Clerk's office 30 days prior to the election.
BURGESS commended the Parks and Recreation Department on the
pavilion and the recent upgrading of the tot lot.
CRIPPS noted an August 8, 1983, letter he had received from
Festival Fairbanks '84 which stated that, should the City wish to
participate in a planned television special highlighting the 25th
anniversary of Alaska Statehood, the administration needs to contact
this organization soon. O'Brien suggested that the administration be
instructed to come up with a response. Meehan noted that a Citizens
Committee had been formed a couple of years ago to prepare for this
event.
XIV. CITIZENS' DISCUSSION:
A. Ben Suddath, Seward Small Boat Harbor, appeared from the
audience and asked that the City show some consideration to him when
assessing his moorage fees. He contended that his boats had been moved
from a well lighted area to a dark area near the impound lot. He stated
that since the move, he had suffered considerable loss of property to
vandals. He asked that sufficient lighting be provided to help
alleviate this problem in the future.
I
I
I
l-L,)
PAGE 145
REGULAR MEETING - AUGUST 22, 1983
VOLUME 20
XV. ADJOURNMENT:
The meeting was adjourned at 8:50 p.m.;
recess, the Council reconvened in Executive Session
litigation ~d-k~nel matter.
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and, after a short
to discuss potential
Q~~-
Don~. Cripps ~
Mayor
(City
)r
,<
----------------------------------------------
PAGE 145
REGULAR MEETING - SEPTEMBER 12, 1983
VOLUME 20
I.
CALL TO ORDER:
The September 12, 1983, 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.
II I. ROLL CALL:
Present were: Mayor Cripps, and Councilmembers Burgess,
Gillespie, Meehan, O'Brien, Swartz and Wilson
Present also:
Garzini, Assistant City Manager
City Attorney Arvidson and City
City Manager
Schaefermeyer,
Clerk Murphy
IV.
APPROVAL OF MINUTES:
carried
written.
It was moved by Gillespie, seconded by Wilson and unanimously
to approve the August 22, 1983, regular meeting minutes as
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager requested the following additions to the regular
meeting agenda:
IX. ORDINANCES AND RESOLUTIONS:
C. Resolutions:
7. Proposed Resolutions No. 83-68 and 83-69,
appropriating the money for and approving
the purchase of a dump truck for the
Public Works Department
8. Proposed Resolution No. 83-70, appropri-
ating funds for the purchase of additional
insurance for City-owned equipment and
property
XL
NEW
G.
BUSINESS:
Time and
Utilities
materials
for
Electric
contract
City Manager also requested that the memorandum and request for approval
of the purchase of additional City insurance found under agenda item
XI(A) be considered under agenda addition IX(C) (8). It was moved by
Burgess, 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:
C.ATTY:
1.
July, 1983, invoice from Hughes, Thorsness, Gantz, Powell
and Brundin for legal services totalling $11,489.05, was
approved for payment and filed;
]4-G
PAGE 146
REGULAR MEETING - SEPTEMBER 12, 1983
VOLUME 20
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
2. September 6, 1983, memorandum from the Assistant City
Manager noticing of pending disposal by the State of .361
acres of land west of the Cliff Addition to Morris Porter
was filed without comment; and
3. August 24, 1983, letter from IBEW Local 1547 noticing its
desire to enter into negotiations to amend its agreement
with the City was noted for information and filed.
VI. BOROUGH ASSEMBLY REPORT:
Cripps noted that Kenai Peninsula Borough Assembly Representa-
tive Jonathan Sewall would be arriving later in the evening to give his
report. (See Page 147.)
SPECIAL ITEM:
JLH SUB: The City Clerk opened and the Mayor read aloud sealed bids
which had been received relative to the proposed disposal of three
tracts of land in the Jesse Lee Heights Subdivision Addition No.1.
TRACT 2
**1.
JEAN VON DOHRMANN
$63,200.00
TRACT 3
**1.
2.
M & I PARTNERSHIP (Frank Irick)
JURIS MINDENBERGS AND RICHARD
BOYLE
GOLDEN ENTERPRISES
$187,500.00
3.
166,786.00
162,500.00
Each bid opened contained a cashiers check representing 10% of the
amount bid made payable to the City of Seward. Cripps declared Von
Dohrmann the apparent high bidder for Tract No. 2 and M & I Partnership
the apparent high bidder on Tract No.3.
VII. PUBLIC HEARINGS:
JLH SUB: A. City Manager recommended that the Council accept the high
bids received on Tracts 2 and 3 and that the City retain Tract 4.
Notice of Public Hearing as published and posted by law was noted and
the public hearing relative to the disposal of Tracts 2 and 3, Jesse Lee
Heights Subdivision Addition No.1, was opened; no one appeared from the
audience in order to be heard and the public hearing was closed.
Resolutions approving the actual sale documents were slated for intro-
duction and vote for approval at the September 26, 1983, regular
meeting.
SCHOOLS(AVTEC): B. September 7, 1983, memorandum from Kerry Martin outlining
the history of the proposed dedication of the First Lake property to
Alaska Vocational Technical Center (AVTEC) was noted. Martin explained
that the City had been working with AVTEC and various concerned citizens
for the past year in an attempt to meet the need for continued use of
the area as a public park and yet allow AVTEC the room it needs to
expand. City Manager noted that the Quit Claim Deed which would trans-
fer the property to AVTEC contains a clause which states that AVTEC must
"preserve the natural beauty of the property and must guarantee public
pedestrian access to the property".
Notice of Public Hearing as published and posted by law
was noted and the public hearing was opened.
RUTH MCHENRY, 510 First Avenue, appeared from the audi-
ence and distributed to the Council and the Administration a letter she
had received from the Department of Education and a memorandum on the
"Value of Parks and Recreation Land". McHenry stated that, while she
was not opposed to AVTEC's expansion, she was concerned about preserving
the quality of life in Seward. She suggested that the Two Lakes Trail
1 I ~
PAGE 147
REGULAR MEETING - SEPTEMBER 12, 1983
VOLUME 20
VI1.
PUBLIC HEARINGS: (Cont'd)
and the property it encloses be excluded from the deed, thus protecting
it from development.
LANI LOCKWOOD, community coordinator for the local
Campfire Association, appeared from the audience and noted that the
First Lake Park was traditionally the site of Campfire's summer day
camp. She asked that Council consider the need for such a site when
making its decision.
I
GERRY BELL, 437 Third Avenue, appeared from the audience
and asked that Council identify the area which the public would like to
see preserved and eliminate that from the deed, thus protecting what the
City now has.
STUART SCOTT, 710 Third Avenue, appeared from the audi-
ence and stated that his prime consideration was that the protection of
the parkland be more clearly defined. He suggested that the State
consider the purchase of privately owned lands for its expansion.
ROBERT BOOHER, Director of AVTEC, appeared from the
audience and stated that he could appreciate the concerns of the local
citizens, but until the State was in possession of the property, plans
could not be finalized; thus, he was unable to state the exact location,
size or number of buildings to be placed in the vicinity of the park.
He further noted that much of the land in and around the area was State
owned.
BOB LINDVILLE, 203 Second Avenue, appeared from the
audience and stated that he was not comfortable with such vague plans
from the State and wanted some assurance that the park would be pre-
served. He also questioned why this issue was not being placed before
the voters.
I
No one else appeared from the audience in order to be
heard and the public hearing was closed.
In response to a question from Wilson, City Attorney
explained that with a quit claim deed the City made no warranty as to
the title to the land, thus making this the safer way to transfer
ownership. City Manager also assured Wilson that AVTEC would have to
come to the Councilor the Planning Commission for requests for rezone,
platting or vacation of rights-of-way.
In response to O'Brien's concern about dedication of the
land to AVTEC as opposed to a long term lease, City Manager explained
that a quit claim deed with a reversionary clause (if AVTEC ceases to
use the facility for educational purposes, it reverts back to the City)
is really no different from a 50-year lease of the property. He further
noted that, if the land is transferred to the State, the City's liabil-
ity would be much less than if the land is leased.
O'Brien also stated that some consideration of McHenry's
suggestion that the "core area" be omitted from the deed should be
given. In response to a suggestion from O'Brien, a work session on the
proposed transfer was scheduled for 7:00 p.m., Wednesday, September 21.
Meehan suggested that, before the work session, McHenry rewrite the deed
as she would like to see it.
I
VI.
BOROUGH ASSEMBLY REPORT: (Taken out of order)
KPB Assembly Representative Sewall gave a verbal report of the
Assembly meeting of September 6, 1983.
RECESS: The meeting was recessed at 8:43 p.m. and reconvened at 9:55
p.m.
Nr:;f 1 I "1i1MR :11111\: C. September 7, 1983, memorandum from Administrative Assis-
{2:c -011..: tant Kerry Martin relative to the proposed expansion of Jim Pruitt's
existing lease to include a total of !20,OOO sq.ft. located in a Portion
of Tract A, North Harbor Subdivision, was noted Martin noted that the
; j8
1. L{.
PAGE 148
REGULAR MEETING - SEPTEMBER 12, 1983
VOLUME 20
VII. PUBLIC HEARINGS: (Cont'd)
new lease would contain a mandatory 90-days continuous operation of the
car wash/self-service gas station facility.
Notice of Public Hearing as published and posted by law
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.
O'Brien stated that he felt that 90-days continuous
operation of the business was not enough.
A resolution approving the new lease was slated for
presentation at the September 26 meeting.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
C OF C: A. Dave Cich, Executive Director of the Seward Chamber of
Commerce, appeared from the audience with a report on the Chamber's
financial statement as of the 12-month period ending June 30, 1983. He
noted that the Chamber's fiscal year ends September 30. Therefore,
while the income figures appearing on the statement were accurate, a
more complete picture would be presented to Council in October. Cich
also commented on his recent trip to San Jose to attend a Chamber
Directors workshop.
SGH: B. Keith Campbell, director of Seward General Hospital,
appeared from the audience and introduced Clark Ashworth who reported to
Council on the results of the health survey conducted by Rural Research,
Inc. According to the survey, a majority of those living in the service
area are satisfied with the health care services they are currently
receiving.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None
B. Ordinances for Public Hearing and Enactment:
UTIL/ORD: 1. Copies having been made available to the public,
Cripps noted by title only a proposed resolution that would extend from
one to five years the period of time which the City can hold a utility
deposit entitled:
AN ORDINANCE OF THE CITY OF SEWARD,
ALASKA, AMENDING SECTION 22.10.030 OF
THE SEWARD CITY CODE.
Notice of Public Hearing as published and posted by law 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. O'Brien stated
that he was still opposed to holding a utility deposit for such an
extended period of time and suggested that an alternative would be to
increase the amount of the initial deposit. Swartz objected, stating
that some people would find it difficult to come up with a larger
deposit. Following further discussion, it was moved by Gillespie,
seconded by Swartz and carried as follows to enact Ordinance No. 518,
effective September 22, 1983:
AYES:
NOES:
Burgess, Cripps, Gillespie, Meehan, Swartz & Wilson
O'Brien
C.
Resolutions:
P&R/RESO: 1. 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, MAKING AN
APPROPRIATION FROM THE GENERAL FUND
"'" J!\
PAGE 149
REGULAR MEETING - SEPTEMBER 12, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
FUND BALANCE TO THE DEPARTMENT OF
PARKS AND RECREATION FOR PRIOR YEAR
UNEXPENDED BUDGETED FUNDS FOR TOT LOT
AND WINTER PROGRAMS.
I
City Manager noted that the effect of this resolution would be to move
unexpended FY 83 funds to the FY 84 budget in order to pay for Parks and
Recreation equipment which had been funded during FY 83 but which was
not delivered to the City until FY 84. It was moved by O'Brien, second-
ed by Burgess and unanimously carried to approve Resolution No. 83-62.
P&R/RESO: 2. 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, APPROPRI-
ATING FUNDS FOR THE CONSTRUCTION OF A
SECOND PICNIC PAVILION.
City Manager noted the September 7, 1983, memorandum from Schaefermeyer
recommending approval of this resolution which would appropriate $45,000
to add to the $20,000 in State grant funds remaining in the Seventh
Avenue Greenbelt Fund in order to construct a 44-foot twin picnic
pavilion near the softball fields. In addition, the pavilion would be
equipped with a lip around the concrete foundation to allow for flooding
of the floor in winter for recreational ice skating. Following dis-
cussion, it was moved by Gillespie, seconded by Swartz and unanimously
carried to approve Resolution No. 83-63.
OTS/RESO: 3. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REMOVING
THE REVERSIONARY CLAUSE CONTAINED IN
THE QUIT CLAIM DEED ISSUED BY THE
CITY OF SEWARD TO THE KENAI PENINSULA
BOROUGH FOR" BLOCK 29, ORIGINAL
TOWNSITE OF SEWARD.
Schaefermeyer noted that the City had deeded the subject property to the
Kenai Peninsula Borough in 1974 for the purpose of permitting the
Borough to deed the property to the State for the Alaska Skill Center.
The deed issued to the Borough, as well as the deed issued by the
Borough to the State, contained a clause stating that the land and
buildings would revert back to the City should the site cease to be used
for educational purposes. AVTEC was now attempting to have a student
facilities building constructed by a private contractor who would lease
the site back to the State. The reverter clause in the deed has clouded
the title and made it difficult for private development to take place.
The Borough has already passed a resolution removing the reverter clause
from its deed to the State; this resolution would do the same for the
City's deed to the Borough. It was moved by O'Brien, seconded by
Gillespie and unanimously carried to approve Resolution No. 83-64.
I
BIDS/PUB.WKS/RESO: 4. Copies having been made available to
Cripps noted by title only a proposed resolution entitled:
the public,
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA AUTHORIZ-
ING THE PURCHASE OF WINTER STREET
MATERIALS WITHOUT FULL UTILIZATION OF
THE BID PROCEDURES AS SET FORTH IN
SECTION 10-8 OF THE SEWARD CITY CODE.
Upon the recommendation of the City Manager, it was moved by Meehan,
seconded by Burgess and unanimously carried to approve Resolution No.
83-65.
150
PAGE 150
REGULAR MEETING - SEPTEMBER 12, 1983
VOLUME 20
IX. ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
UTIL/ SEWER/RESO: 5. Copies having been made availab Ie to the pub lic,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
THE RATES FOR SEWER USE.
City Manager noted that the
rates 50% across the board.
Gillespie, seconded by Wilson
tion No. 83-66.
proposed resolution would increase sewer
Following discussion, it was moved by
and unanimously carried to approve Resolu-
UTIL/WATER/RESO: 6. 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, SETTING
RATES AND CHARGES FOR WATER SERVICE
FOR THE PERIOD COMMENCING SEPTEMBER
15, 1983.
Schaefermeyer requested that Page 3, Section D, be amended to reflect a
maximum of "1 inch" pipe instead of "2 inches". Following discussion,
it was moved by O'Brien, seconded by Gillespie and unanimously carried
to approve Resolution No. 83-67 as amended.
BIDS/VEHICLES/PUB.WKS/ 7.
RESO: available to the
tions entitled:
Copies having been distributed to Council and made
public, Cripps noted by title only two proposed resolu-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROPRI-
ATING FUNDS FOR THE PURCHASE OF A
DUMP TRUCK AND A BASE RADIO FOR THE
PUBLIC WORKS DIVISION; and
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE PURCHASE OF A DUMP TRUCK FOR
THE PUBLIC WORKS DIVISION WITHOUT
FULL UTILIZATION OF THE BID PROCE-
DURES SET FORTH IN SECTION 10-8 OF
THE CITY CODE.
City Manager noted that the Council had authorized the administration to
go to bid on this item on July 25. The City had solicited bids from
vehicle dealers in Anchorage and on the Peninsula. Several bids had
been received, and the administration was now recommending that the
vehicle be purchased from Peninsula Ford, Inc., the low bidder, at a
price not to exceed $36,863.91. Following discussion, it was moved by
Gillespie, seconded by Swartz and unanimously carried to approve Resolu-
tion No. 83-68 (appropriating the funds) and Resolution No. 83-69
(authorizing the purchase).
INS/RESO:
8.
available to the
tion entitled:
Copies having been distributed to Council and made
public, Cripps noted by title only a proposed resolu-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROPRI-
ATING FUNDS TO THE FY 84 BUDGET TO
PROVIDE ADDITIONAL INSURANCE COVERAGE
FOR CITY-OWNED PROPERTY.
The Mayor noted an amendment to Section 2 of the proposed resolution,
adding the following to end of the second line:
"...to the City's Enterprise accounts."
~\ 1
PAGE 151
REGULAR MEETING - SEPTEMBER 12, 1983
VOLUME 20
XL
ORDINANCES AND RESOLUTIONS: (Cont'd)
C. Resolutions: (Cont'd)
City Manager noted that the additional insurance was needed to cover
possible loss or replacement of certain City-owned equipment and proper-
ty including some of the City's generating equipment, well-pumping units
and the sewer system lagoon. Upon the recommendation of the City
Manager, it was moved by Gillespie, seconded by O'Brien and unanimously
carried by all those present to approve Resolution No. 83-70 as amended.
I
X.
UNFINISHED BUSINESS:
None.
XL
NEW BUSINESS:
A. Taken out of order. (See above)
CON-058: B. August 31, 1983, memorandum from Engineering and Util-
ities Manager Dennis Dooley recommending the approval of Change Order
No. 1 to the Copper Valley Construction contract for repair of the north
levee was noted. City Manager stated that the change order was neces-
sitated by a defect in the design. The proposed change would make the
levee safer. Following discussion, it was moved by Meehan, seconded by
Wilson and unanimously carried to award Change Order No. 1 to Copper
Valley Construction in an amount not to exceed $25,000.
C. September 6, 1983, memorandum from Schaefermeyer relative
to a proposed vacation of a right-of-way between Lots 7, 8 and 11, Block
6, Cliff Addition, was noted. City Manager stated that following
further review of the site, the administration wished to withdraw its
objection to granting the vacation as filed by Patrick O'Brien since the
topography precluded its use as a right-of-way for access or utilities.
I
D. August 10, 1983, memorandum from Kerry Martin relative to
a proposed Small Boat Harbor Plan was noted. Martin, referring to a map
posted in Chambers, outlined the proposal for Council. At the request
of O'Brien, a public hearing on the proposed plan was scheduled for the
regular meeting of September 26.
LOBBYIST: E. August 26, 1983, memorandum from Schaefermeyer relative
to a proposed amendment to the City's contract with Dawson and Associ-
ates for lobbying services was noted. City Manager recommended approval
of the amendment which would allow Dawson reimbursement for entertain-
ment expenses up to $3,000 per year. Following discussion, it was moved
by Gillespie, seconded by O'Brien and unanimously carried by all those
present to approve modification number 1 to the contract with Dawson and
Associates for the 1984 legislative session.
CON-068: F. September 7, 1983, memorandum from Special Projects
Engineer Tim Pflum relative to the Seward-to-Dave's Creek transmission
line upgrade was noted. Pflum, as well as Acres/Hanscomb, recommended
that the contract for design of the intertie be awarded to Ebasco
Services. Following discussion, it was moved by O'Brien, seconded by
Meehan and unanimously carried to authorize the City Manager to negoti-
ate and execute a contract with Ebasco Services for design of the
Seward-to-Dave's Creek transmission line.
CON-069:
G. September 12, 1983, memorandum from Tim Pflum relative to
a proposed contract for electrical construction which had been dis-
tributed to Council prior to the meeting was noted. City Manager noted
that there was an emerging problem within the Electric Department in
keeping up with electrical hook-ups. Rather than dramatically increase
the size of the City crew through several short calls, the adminis-
tration recommended contracting with a firm in Anchorage for installa-
tion of the utilities at the site of the North Pacific Rim housing
project. Following discussion, it was moved by Wilson, seconded by
Swartz and unanimously carried to authorize the City Manager to issue a
purchase order to Power Constructors in an amount not to exceed $25,000
for labor and equipment as needed to complete installation of priority
electrical service work.
I
152
PAGE 152
REGULAR MEETING - SEPTEMBER 12, 1983
VOLUME 20
XII. CITY MANAGER REPORTS:
None
XIII.
COUNCIL DISCUSSION:
MEEHAN requested that a resolution be drafted thanking Don
McCloud for his many years of service on the Borough Assembly. (McCloud
is retiring after 13 years on the Assembly.) He also requested a
resolution sympathizing with the loss of lives due to the downing of the
Korean airliner and condemning the actions of the Soviet Union.
SWARTZ requested that an open house be planned at the Marine
Industrial Center so that local people would have a chance to view the
project.
CRIPPS noted a letter he had received from the Senior Citizens
Director asking that the City set aside its arbitrary 13% charge for
administrative overhead when processing its grant for a new bus. City
Manager assured him that the City would work out an equitable solution.
Cripps also reported on his trip to Haines to attend the
Conference of Mayors, noted that Council was invited to a luncheon for
the Korean Consul General in Council Chambers at noon on Tuesday, and
thanked Kerry Martin for the pins bearing the new City logo.
XIV. CLTlZENS' DISCUSSION:
None
XV. ADJOURNMENT:
The meeting was adjourned at 10:55 p.m.
Q~.
Mayor
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 0' Brien led the pledge of allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps, and Councilmembers Burgess,
Meehan, O'Brien, and Swartz (Absent with
Council consent was Councilmember Wilson;
Councilmember Gillespie arrived at 7:32.)
Present also: City Manager Garzini, Assistant City Manager
Schaefermeyer, City Attorney Arvidson and City
Clerk Murphy
IV. APPROVAL OF MINUTES:
I
C.ATTY:
I POST
I
~" ~... .......
PAGE 153
REGULAR MEETING - SEPTEMBER 26, 1983
VOLUME 20
It was moved by Meehan, seconded by Burgess and unanimously
carried by all those present to approve the September 12, 1983, regular
meeting minutes as written.
NOTE: Councilmember Gillespie arrived at 7:32 p.m. and participated in
the remainder of the meeting.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
City Manager reguested the following addition to the regular
meeting agenda:
XL
NEW
C.
BUSINESS:
Proposed Change Order No.1, Crowley Construc-
tion, for soils testing at the MIC
City Manager also requested that Agenda Item XI(A) be moved to Agenda
Item IX(C)(7) along with proposed Resolution No. 83-77 which had been
distributed to Council prior to the meeting. It was moved by Swartz,
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 action was taken:
1.
August 1983, invoice
Powell and Brundin
$8,529.52, was approved
from Hughes, Thorsness, Gantz,
for legal services totalling
for payment and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the Assembly meeting of September 20,
1983.
VII. PUBLIC HEARINGS:
OFFICE: A. Assistant City Manager introduced four representatives oJ
the Postal Service: Robert J. Opinski, Steve Johnson, Don Mattson, and
Fletcher Accord, who outlined plans for a proposed new post office
facili ty. Following a brief description of the location and facility
from Mattson and an overview of the type of home delivery service
proposed for the area, Public Hearing was opened.
CHRIS DINNAN, ELIZABETH MAHAN and WALTER CHRISTOLEAR, all
of Seward, had questions concerning the height of the building, the
grounds surrounding the facility and the possibility of exploring
additional sites. Mattson assured the three that the building would be
only one-story high, a greenbelt area was proposed for the perimeter of
the site, and all suitable sites had been considered.
JACK WERNER, a Seward merchant, appeared from the audi-
ence and spoke in opposition to moving the post office to the Fifth
Avenue site which has been proposed. He stated that the proposed site
was prime residential property and should be preserved as such.
RICK BOYLE and HENRY ABRAHAMSON spoke in favor of the new
facility and the proposed location.
RON LEWIS and LEWIS HASTY, Seward, spoke in favor of the
location, but expressed concern that the alley not be blocked. City
Manager explained that, prior to vacating the alley, the Postal Service
would be required to appear before the City and Borough Planning Commis-
sions and the Borough Assembly; objections to the vacation could be
voiced at either of two required public hearings.
No one else appeared from the audience in order to be
heard and the public hearing was closed.
~iO(;-/ '. B. City Manager noted that Council had requested that the
administration prepare a master plan for the Small Boat Harbor area.
The plan had been prepared by Administrative Assistant Kerry Martin and
had been presented to the Planning Commission and the Council for
review. Notice of Public Hearing as published and posted by law was
noted and the public hearing was opened.
154
PAGE 154
REGULAR MEETING - SEPTEMBER 26, 1983
VOLUME 20
DALE CLEMENS, a merchant in the Small Boat Harbor,
appeared from the audience and spoke in opposition to the City allowing
businesses to operate in the proposed boardwalk area.
JOE GALE, Seward, appeared from the audience and asked
that an area be set aside away from overhead power lines for upland boat
repairs. City Engineer Dennis Dooley explained that the power lines in
one of the areas indicated were to be removed soon.
JOHN SMITH, a merchant in the Small Boat Harbor, appeared
from the audience and urged the City to reconsider allowing businesses
to locate in the proposed boat harbor area, adding that the City had to
preserve the parking areas now available.
In response to a question from SHARON ANDERSON, Seward,
the City Manager stated that any shops located in the area of the
boardwalk would be small. He also assured her that there was no plan to
move commercial vessels from the area.
WALTER CHRISTOLEAR, Seward, appeared from the audience
and spoke in favor of the proposed boardwalk, adding that it should be
extended to the ferry dock.
No one else appeared from the audience in order to be
heard and the public hearing was closed. Gillespie stated that he
agreed with CLEMENS and SMITH; businesses should not be allowed to build
adjacent to the boardwalk. Meehan requested that another public hearing
be scheduled for the next Council meeting.
RECESS: The meeting was recessed at 8:50 p.m.; reconvened at 9:00 p.m.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None.
B. Ordinances for Public Hearing and Enactment:
None.
C. Resolutions:
RESO:
1. Copies having been maded 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, THANKING
KENAI PENINSULA BOROUGH ASSEMBLY
PRESIDENT DON MCCLOUD, RETIRED, FOR
HIS YEARS OF SERVICE TO THE CITIZENS
OF SEWARD.
It was moved by Meehan, seconded by Swartz and unanimously carried by
all those present to approve Resolution No. 83-71.
RE-OI6/RESO: 2. 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, AUTHORIZ-
ING THE SOLE SOURCE LEASE OF A
PORTION OF TRACT A, NORTH HARBOR
SUBDIVISION, TO JAMES T. PRUITT, FOR
THE PURPOSE OF MAINTAINING AND
OPERATING A SELF SERVICE CAR WASH,
GAS STATION AND RETAIL MERCHANDISING
FACILITY.
1t::,'":
PAGE 155
REGULAR MEETING - SEPTEMBER 26, 1983
VOLUME 20
Upon the recommendation of the City Manager, it was moved by Burgess,
seconded by Meehan and unanimously carried by all those present to
approve Resolution No. 83-72.
3. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, DEEDING
TO THE STATE OF ALASKA t5.13 ACRES OF
LAND FOR PUBLIC EDUCATION PURPOSES.
City Manager explained that the resolution and quit claim deed presented
in Council's packets contained the original legal description including
all of the City land in the First Lake area. As a result of the work
session of September 21, the administration was presenting two other
options to Council. Administrative Assistant Kerry Martin, with the aid
of two drawings, outlined the two options. The first preserved for
public use all area within a point 15 feet outside the center line of
the Two Lakes Trail, effectively reducing the usable land around First
Lake to :t~ acre. As an alternative solution, the City Manager recom-
mended that the deed as originally presented be amended by adding the
following clause:
There shall be a building setback established of
thirty feet from the high water mark around the
perimeter of First Lake; and a fifteen foot building
setback on both sides of the center line of the Two
Lakes Trail and the creek flowing out of the lake.
Access across the Trail and the Creek to the build-
ing site north of First Lake would be guaranteed.
I
Bob Richardson, representing AVTEC, suggested that, before proceeding
any further, the City present the State with the two new options.
O'Brien requested that the administration write to the State Land Office
offering the City's alternatives to the original document. He further
instructed the City Manager to present the letter to Council for review
at the next meeting.
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, AUTHORIZ-
ING THE SALE OF CERTAIN CITY PROPERTY
(LOT 2, JESSE LEE HEIGHTS SUBDIVISION
ADDITION).
Upon the recommendation of the City Manager, it was moved by Meehan,
seconded by Burgess and unanimously carried by all those present to
approve Resolution No. 83-74.
JLH SUB/RESO: 5. 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, AUTHORIZ-
ING THE SALE OF CERTAIN CITY PROPERTY
(LOT 3, JESSE LEE HEIGHTS SUBDIVISION
ADDITION) .
I
Upon the recommendation of the City Manager, it was moved by O'Brien,
seconded by Swartz and carried as follows to approve Resolution No.
83-75:
AYES:
NOES:
** ABSTAIN:
Cripps, Gillespie, Meehan, O'Brien and Swartz
None
Burgess
**Burgess stated that he had just completed some surveying work on the
parcel described in the deed for the buyers, and therefore must abstain.
156
PAGE 156
REGULAR MEETING - SEPTEMBER 26, 1983
VOLUME 20
PERSONNEL/RESO: 6. 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, AMENDING
THE CITY'S DEFERRED COMPENSATION
AGREEMENT WITH THE ICMA RETIREMENT
CORPORATION.
City Manager stated that this resolution was a housekeeping measure
bringing our deferred compensation agreement in line with new IRS
regulations. It was moved by Gillespie, seconded by O'Brien and unani-
mously carried by all those present to approve Resolution No. 83-76.
IND. DEV /RESO: 7. Copies having been distributed to Council and made
available to the public, Cripps noted by title only a proposed resolu-
tion entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE CITY MANAGER TO ISSUE A
PURCHASE ORDER TO MURPHY, CARPENTER
AND COMPANY FOR DESIGN AND PRODUCTION
OF A PROMOTIONAL EXHIBIT FOR FISH
EXPO, WITHOUT FULL UTILIZATION OF THE
BID PROCEDURE SET FORTH IN SECTION
10-8 OF THE SEWARD CITY CODE, AND
APPROPRIATING FUNDS FOR FISH EXPO
FROM THE GENERAL FUND-FUND BALANCE TO
THE ECONOMIC DEVELOPMENT/COMMUNITY
PROMOTION BUDGET.
Also noted was a September 26, 1983, memorandum from Administrative
Assistant Kerry Martin outlining the projected costs of attending the
Expo ($27,504) and recommending that Murphy, Carpenter and Company be
awarded a sole source contract for design and production of all promo-
tional materials. City Manager urged Council to approve this resolu-
tion, stating that the City should not wait until completion of the
Marine Industrial Center before beginning its advertising campaign.
Meehan added that attending the Seattle Fish Expo was the best way to
advertise the MIC. Following further discussion, it was moved by
Gillespie, seconded by Burgess and unanimously carried by all those
present to approve Resolution No. 83-77.
X.
UNFINISHED BUSINESS:
Block 8,
September
submitted
A. City Manager noted that the option to lease Tract A,
Oceanview Subdivision, held by Ray Evarts, had expired on
15. Evarts had requested a 30-day extension but had not yet
his request in writing with a check to cover said extepsion.
XL
NEW BUSINESS:
A. See Agenda Item IX.(C)(7).
CON-034: B. September 19, 1983, memorandum from Dennis M. Dooley,
Manager of Engineering and Utilities, relative to a proposed Change
Order to the CH2M Hill contract for the Lowell Creek Diversion project
was noted. Dooley explained that the scope of the original contract did
not specifically list design of the diversion structure. He added that
the diversion design now under consideration by the City Engineering
Department was more complex than anticipated and in order to proceed
with this more complex design so as not to delay completion of the
Tunnel renovation this winter, he recommended approval of this change
order. City Manager explained that the money to cover the change order
would come from the Lowell Tunnel Capital Project fund. Following
further discussion, it was moved by O'Brien, seconded by Gillespie and
carried as follows to approve Change Order No. 1 to the CH2M Hill
contract in an amount not to exceed $30,000:
AYES:
NOES:
**ABSTAIN:
Cripps, Gillespie, Meehan, O'Brien and Swartz
None
Burgess
.... -r-.
,
PAGE 157
REGULAR MEETING - SEPTEMBER 26, 1983
VOLUME 20
**Burgess declared a financial interest in the project and abstained.
CON-062:
C. September 21, 1983, letter from Acres/Hanscomb Program
Manager William M. Toskey relative to proposed test pile and deep soil
boring necessary to properly evaluate the entire shiplift/transfer pit
design was noted. In response to a question from O'Brien, City Engineer
explained that the type of testing recommended should have been done 2-3
years ago, but was not. City Manager recommended the requested change
order to Crowley's contract, stating that the City needs to know if
there is sufficient stability before proceeding further with the ship-
lift. Following further discussion, it was moved by O'Brien, seconded
by Swartz and unanimously carried by all those present to approve Change
Order No. 1 to the Crowley Constructors contract for time and materials
not to exceed $65,000.
I
XII. CITY MANAGER REPORTS:
City Manager noted that a delegation from Taiwan would be in
Seward later in the week to view the Marine Industrial Center.
XII 1.
COUNCIL DISCUSSION:
SWARTZ inquired about the progress made on the Ferry terminal
renovation. Dooley replied that outside painting and electrical reno-
vations were complete. He added that paving would be postponed until
next year. In response to her question concerning camper parking in the
downtown area, Dooley replied that signs prohibiting this practice had
been ordered and would be in place well before the next tourist season.
CRIPPS noted receipt of the transcript to the Jones Act
hearings before Congress.
XIV. CITIZENS' DISCUSSION:
I
A. BOB VALDETTA, Seward, appeared from the audience
spoke in favor of the City's participation in the Seattle Fish Expo.
and
XV. ADJOURNMENT:
was
.m.
PAGE 157
SPECIAL MEETING - OCTOBER 5, 1983
VOLUME 20
1.
CALL TO ORDER:
The special meeting of the Seward City Council was called to
order at 4:00 p.m. by Mayor Donald W. Cripps.
I
II.
OPENING CEREMONY:
Councilmember Swartz led the pledge of allegiance to the flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Meehan, Swartz and Wilson (Absent
was Councilmember O'Brien)
Present also: City Clerk Murphy and Deputy City Clerk Audette
'--r"
,l
...
158
,~158
SPECIAL MEETING - OCTOBER 5, 1983
VOLUME 20
-
.-' IV
'....... "/..-,/ ..
SPECIAL ITEM:
ELECTIONS: \ A. City Clerk d:.stributed a tally of the unofficial results
of the October 4, 1983, regular municipal election showing the total
number of votes cast for eal:h candidate and for and against each propo-
sition and confirmed that 463 votes had been cast and 441 counted by the
election boards; the remainjng 22 ballots were questioned ballots to be
considered by the Canvass Board. Also displayed for public review were
the tally sheets and the lists of those who had requested and received
absentee ballots.
The Clerk th:m distributed a list bearing the names of
the 24 electors who had requested absentee ballots. She stated that all
24 ballots had been receiv(~d in time for the canvass. Of these, the
envelopes containing the ballots of Darlene and Lloyd Whitethorn were
not signed as required by State and City law, and the ballots of Tami L.
Sadusky and Christine C. WErner did not contain the required attesta-
tions; the Clerk recommended that these 4 ballots be rejected. It was
moved by Gillespie, seconded by Burgess and unanimously carried by all
those present to accept the Clerk's recommendation to count the 20
absentee ballots as indicated on the prepared list presented to the
board. 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
BENCARDINO, Louis A.
CRIPPS, Jean E.
DAVIS, C. Bernice
DEMCHENKO, Michael
HIGHSMITH, Raymond C.
KOWALSKI, Martin N.
LANDENBURGER, Eric
MAl, Donald L.
OLLESTAD, Gilbert
SWARTZ, Karen A.
SWARTZ, Robert D.
TINER, Lisa B. N.
WERNER, Cheryl L.
WILLINGHAM, George D.
DUNHAM, Willard E.
HILL, Lorri A.
HILTON, Janis
HOOGLAND, Carol J.
KOTHE, Sophie R.
WILFONG, John
The Clerk diBtributed a list bearing the names of those
individuals casting questioned ballots on Election Day. She stated that
most of the questioned ballots had been cast by individuals who had
moved from one City precinct to the other without filing a change of
address or who had been omitted from the precinct registration lists by
computer error. She recommended that these 18 ballots be counted. She
further recommended that 4 of the 22 questioned ballots cast be rejected
as follows:
PRECINCT NO.1:
Name
Reason for rejection
FACER, Robert B.
HALLETT, Judith Ann
LEDET, John R.
SMITH, Carol S.
No record of registration
Registered in Bear Creek
Registered in Bear Creek
Registered in Chugiak
It was moved by Gillespie, seconded by Wilson and unanimously carried by
all those present to accept the recommendation of the Clerk to count the
18 questioned ballots as indicated on the prepared list presented to the
Board. 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
CORBIN, Linda S.
CRISP, Johnnie B.
DYER, Jackie W.
HILDEBRAND, Barry
AUSTIN, Joseph John
FREEMAN, Carol
HEDMAN, Pat
HUDAK, George F.
, ::: (1
VOLUME 20
PAGE 159
SPECIAL MEETING - OCTOBER 5, 1983
PRECINCT NO. 2
PRECINCT NO. 1
NELSON, Kurt
HILDEBRAND, Julianne K.
KOEFF, Bryan J.
KOEFF, Korine T.
LEWIS, Mary F.
LINCOLN, Edward H.
MARKWARDT, Philip A.
SACALOFF, Georgia L.
YOUNG, Kurt W.
YOUNG, Patricia L.
I
The 38 approved ballots were removed from their blank
white envelopes by Swartz and read aloud by Cripps with Burgess and
Meehan observing and Gillespie, Wilson and Audette conducting the tally.
The totals of the absentee and questioned ballots counted were added to
the totals of those ballots cast and counted on Oc tober 4, 1983. The
City Clerk read the results of the combined totals as follows, and it
was moved by Gillespie, seconded by Swartz and unanimously carried by
all those present to accept the totals as read and to declare the
results final. It was confirmed that Donald W. Cripps had been elected
to a two-year term as Mayor and that David L. Hilton, Sr., Michael J.
Meehan and Raya Williams had each been elected to a two-year term on the
City Council, and further that Proposition No. 1 (proposed sale of land
to the Elks Club) had been defeated and Proposition No. 2 (proposed
Charter Amendment allowing the City to issue Industrial Development
Bonds) had been approved.
The official results were as follows:
MAYOR OF COUNCIL
Two-Year Term
(One to be elected)
I
DONALD W. CRIPPS
John Brockman
Keith Campbell
Dale Clemens
Harry Geisler
John Gillespie
Bob Leary
Ruth McHenry
Michael Meehan
Pam Oldow
Dennis Scholl
Mary Sims
Charles Soriano
Robert (Bob) Valdetta
COUNCILMEMBER
Two-Year Term
(Three to be elected)
I
Raymond M. Burgess
Walter Christolear
Chris Dinnan
William (Bill) Glenn
DAVID HILTON, SR.
MICHAEL J. MEEHAN
Patrick O'Brien
RAYA WILLIAMS
Greg Bither-Terry
Gene Skinner
Rick Williams
PROPOSITION NO. 1
(Proposed sale of
property to Elks
Club)
Yes
NO
PRECINCT PRECINCT ABSENTEE/
NO.1 NO. 2 QUESTIONED TOTALS
248 118 33 399
1 0 0 1
2 3 0 5
1 0 0 1
1 0 0 1
0 2 0 2
1 0 1 1
1 0 0 1
0 1 0 1
1 0 0 1
0 2 0 2
1 0 0 1
3 4 0 7
2 1 0 3
129 42 18 189
51 19 7 77
44 25 7 76
71 28 9 108
127 77 17 220
148 85 23 256
94 40 15 149
150 81 15 246
1 0 0 1
1 0 0 1
1 0 0 1
118
170
14
23
184
282
55
89
:.60
PAGE 16"0
SPECIAL MEETING - OCTOBER 5, 1983
VOLUME 20
PROPOSITION NO. 2
(Proposed Charter
Amendment allowing
the City to issue
Industrial Develop-
ment Bonds)
YES
No
233
55
113
28
23
11
369
94
TOTAL VOTES CAST
TOTAL VOTES COUNTED
310
293
153
148
46
38
509
479
V.
ADJOURNMENT:
The meeting was adjourned at 4:50 p.m.
da 5,;, M rp <f.
c:E't tIer ~... .
_-/ y: I........ ~ ~ . II
',::' -: ;"1 ~'J fl l~ :. (-,
~~~~~i:~~t~~~:~i_- u~~;~;;;~~~-=-~~;~;;;-~~~-~~~~---------~~~~~-;;
4.. . .0<' c....
..,~'~
1. ). " ' RDER:
Q4J~
Donald W. Cripps
Mayor
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:
flag.
Councilmember Burgess led the pledge of allegiance to the
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Burgess,
Gillespie, Swartz and Wilson (Absent with
Council consent were Meehan and O'Brien)
Present also: Assistant City Manager Schaefermeyer, Adminis-
trative Assistant Martin and City Clerk Murphy
IV. APPROVAL OF MINUTES:
It was moved by Wilson, seconded
carried by all those present to approve the
meeting minutes and the October 5, 1983,
written.
by Burgess and unanimously
September 26, 1983, regular
special meeting minutes as
SPECIAL ITEM:
C.COUNCIL: The Clerk administered the oath of office to re-elected Mayor
Donald W. Cripps and newly-elected Councilmembers David L. Hilton, Sr.
and Raya Williams. Outgoing Councilmember Burgess left his seat on the
Council. The new Councilmembers took their seats on the dais and
thereafter participated in the meeting.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Cripps noted that, at its next meeting, the Council would be
charged with selecting a Vice-Mayor and a representative to the Hospital
Board. He also noted the resignations from the Seward Advisory Planning
and Zoning Commission as filed by Dean and Raya Williams and instructed
the Clerk to begin advertising for replacements.
PAGE 161
REGULAR MEETING - OCTOBER 10, 1983
VOLUME 20
It was moved by Wilson, seconded by Gillespie and unanimously
carried by all those present to approve the regular meeting agenda and
the consent calendar as presented, and the following actions were taken:
ABCB:
1.
Notice of application for renewal of liquor license as
filed by the Mini Mall was filed without objection;
2.
Notice of application for transfer or liquor license rrom
Kino Kangis and Seward Longshoremen's Benevolent Asso-
ciation (SLBA), dba Palace Saloon & Hotel, to Milos and
Barbara Nikolic and SLBA, dba Palace Saloon & Hotel, was
riled without objection;
ABCB:
I
3.
September 30, 1983, memorandum from Finance Director Joe
Gale relative to an overview of insurance costs was noted
for inrormation and filed; and
4. September 30,1983, letter from Governor Sheffield
expressing his support of the proposed coal export
facility was noted for inrormation and filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall stated that there had been no Assembly Meeting since the last
Council meeting. He outlined for Council issues to be considered at the
forthcoming meeting.
VII. PUBLIC HEARINGS:
SBH:
A. Schaerermeyer noted the October 7, 1983, memorandum rrom
Administrative Assistant Martin outlining the changes that had been
incorporated in the proposed Small Boat Harbor Master Plan as a result
of the last Public Hearing and the concerns expressed by Council. The
memorandum suggested two possible alternatives to allay criticism from
Harbor merchants that allowing leases adjacent to the boardwalk in area
13 would be "changing the rules in the middle or the game" thus giving
new lessees an unfair business advantage. Option No. 1 would allow
leases in the subject area but would limit the size of the shops, would
require that they be or a non-competitive nature, and would further
require that open spaces be provided to protect the view. Option No. 2
would leave the entire area 13 open to short term parking.
I
Notice of public hearing as posted and published by law
was noted and the public hearing was opened.
JOHN SMITH, a Harbor merchant, appeared from the audience
and spoke in favor of Option No.2.
No one else appeared from the audience in order to be
heard and the public hearing was closed.
Following discussion, the Council directed the adminis-
tration to prepare a rinal plan incorporating Option No. 2 to be pre-
sented to Council for adoption at the next meeting.
VII 1.
CITIZENS' DISCUSSION: (With prior notice only)
BUDGET:
A. Paul Foutz of Price Waterhouse appeared rrom the audience
and reviewed the FY 83 audit and report to management.
I
RECESS: The meeting was recessed at 8:30 p.m.; reconvened at 8:40 p.m.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
B. Ordinances for Public Hearing and Enactment:
C. Resolutions:
162
PAGE 162
REGULAR MEETING - OCTOBER 10. 1983
VOLUME 20
PUB.HLTH./RESO: 1. Copies having been made available to public, Cripps
noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROPRI-
ATING FUNDS TO THE FY 84 BUDGET TO
PROVIDE A $1200 GRANT TO THE PUBLIC
HEALTH SERVICES IN SEWARD.
Schaerermeyer noted the September 29 memorandum from the City Manager
stating that the City had been making such a grant to the Public Health
Service ror the last 10 years. Due to its long tradition, he recommend-
ed approval ror this year only, but rurther suggested that in future
years the State should be responsible for full funding of the facility.
Cripps objected. stating that less than $1 per capita was a very small
price for the City to pay for the continued support of the Health Nurse
and her services. Swartz concurred with Cripps. It was moved by
Gillespie. seconded by Swartz and unanimously carried by all those
present to approve Resolution No. 83-78.
BIDS/SEN.CIT./RESO/
GRANTS: distributed
entitled:
2. Copies having been made available to the public and
to Council, Cripps noted by title only a proposed resolution
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD. ALASKA, AUTHORIZ-
ING THE PURCHASE OF A IS-PASSENGER
VAN FOR THE SEWARD SENIOR CITIZENS.
INC. WITHOUT FULL UTILIZATION OF THE
BID PROCEDURES SET FORTH IN SECTION
10-8 OF THE CITY CODE.
Schaefermeyer noted that a $22, SOO grant had been received from the
State for the purchase of the van. The low bidder was Peninsula Ford.
Inc. at $14,228.67, leaving approximately $5,000 in unencumbered fund~.
Senior Citizens. Inc. was requesting approval of the purchase of some
optional equipment with the additional funds. The administration
recommended Council approval of the resolution which would authorize the
purchase of the van from Peninsula Ford along with the purchase of the
requested additional equipment. Swartz asked if the $5,000 would cover
the cost of a lift for the van; Schaefermeyer stated that there was not
enough money available to cover the cost of a lift. but added that he
would explore the possibility with Senior Citizens. Inc. Following
further discussion, it was moved by Gillespie, seconded by Swartz and
unanimously carried by all those present to approve Resolution No.
83-79.
x.
UNFINISHED BUSINESS:
JLH SUB: A. October 7. 1983. memorandum from Administrative Assistant
Kerry Martin relative to an offer rrom Jean von Dohrmann to purchase Lot
4, Jesse Lee Heights Subdivision Addition No.1, was noted. Martin
explained that when this property was put out to public bid along with
Lots 2 and 3. no bids were received. At the time of the bid opening.
the administration had recommended that any late offers be rej ected.
explaining that after the other two parcels are developed, the City will
be in a better position to ask a higher price for Lot 4. Wilson
questioned the value of this reasoning, stating that it was important to
get this property on the tax rolls and suggesting that the property be
reappraised at this time and sold. Swartz agreed that the property
should be sold but felt that now was not the time. Following further
discussion. it was moved by Swartz, seconded by Hilton and unanimously
carried by all those present to go along with the recommendation of the
administration and reject the offer to purchase Lot 4, Jesse Lee Heights
Subdivision Addition No.1.
LAUBNER SUB: B. October 7. 1983. memorandum from Kerry Martin relative to
a Right-of-Way (ROW) request for access to property in the Laubner
Subdivision as filed by Bernard Hulm was noted. Council informally
CON-OS6:
I
,.. ,,,",-"
~ I-
PAGE 163
REGULAR MEETING - OCTOBER 10. 1983
VOLUME 20
approved the ROW request and instructed the administration to advertise
a public hearing on the actual ROW document for the next meeting.
XL
NEW BUSINESS:
A. October 4, 1983, memorandum from Dennis M. Dooley,
Engineering and Utilities Manager, relative to a proposed change order
to the IECO contract was noted. Dooley explained that due to the amount
of public interest and concern generated by the first public hearing on
the proposed rail corridor to the Marine Industrial Center (held before
P&Z in September) he was recommending that an additional public hearing
(making a total of 3) be scheduled for the November meeting. This would
necessitate a change order in the amount of $5700 to cover costs of
extending the contract for one month. Wilson and Williams objected to
holding a third meeting, stating that two should be adequate to answer
any questions from the public and adding that any number of hearings
would be unlikely to satisry most of the people with concerns. Dooley
stated that there was a good deal or undue concern at this stage and he
hoped to ameliorate some of that concern with the addition of another
hearing. Following rurther discussion, it was moved by Gillespie.
seconded by Swartz and carried as follows to issue a change order not to
exceed $S700 to IECO:
AYES:
NOES:
Cripps, Gillespie. Hilton, Swartz and Williams
Wilson
MARINA SUB: B. October 6, 1983, memorandum from Kerry Martin relative to
a request from Howard Johnson and Dean Lust to lease Lot 7, Block 1,
Marina Subdivision, was noted. Martin recommended that Council reject
all requests to lease in the harbor area until adoption of the Small
Boat Harbor Master Plan. Following discussion, it was moved by Wilson,
seconded by Hilton and carried as rollows to reject the proposal from
Howard Johnson and Dean Lust to lease Lot 7, Block 1, Marina Subdivi-
sion:
I
AYES:
NOES:
ABSTAIN:
Cripps, Hilton, Swartz, Williams and Wilson
None
Gillespie
NOTE: Gillespie abstained, stating that he had a direct financial
interest in the proposal.
JLH SUB: C. October 7, 1983, memorandum from Kerry Martin relative to
the City's request for an alley easement and replat of the Jesse Lee
Heights Subdivision was noted. Martin stated that the alley was no
longer needed for access and that until approval of the replat, the City
would be unable to finalize the sale of Lots 2 and 3, JLH Subdivision
Addition No.1. He added that the Borough would waive the 30-day
waiting period before acting on this request if the Council, by affirma-
tive action, approved. It was moved by Gillespie, seconded by Swartz
and unanimously carried by all those present to support the adminis-
tration's recommendation to vacate the alley as shown on the proposed
replat and as indicated in the attached memorandum.
CON-on:
I
D. October 5, 1983, memorandum from Dennis M. Dooley rela-
tive to a contract for electrical construction was noted. On September
12, Council had approved a contract with Power Constructors in an amount
not to exceed $25,000 to assist in designated electrical construction
projects prior to freeze-up. Due to a delay in mobilization, coupled
with a shortage in the City's electrical crew, the City Manager had
authorized the hiring of an additional contractor to expedite the
completion or these committed contracts. The administration was now
requesting authorization to exceed the City Manager's purchasing limit
to cover the estimated cost of this additional contractor. Following
discussion, it was moved by Gillespie, seconded by Wilson and unanimous-
ly carried by all those present to authorize the City Manager to issue a
purchase order to Redi-Electric in an amount not to exceed $30,000.
the
E.
Alaska
September 1, 1983, letter from Harry Aase, President of
Municipal League, requesting nominations to the AML
~ 6l.
- -
PAGE 164
REGULAR MEETING - OCTOBER 10, 1983
VOLUME 20
Legislative Committee was noted.
serving on the Committee, it was
present a nominee this year.
Since no one expressed an interest in
the consensus or the Council not to
XII. CITY MANAGER REPORTS:
A. Schaerermeyer stated that he and Dooley had attended a
meeting at Chugach Electric comprised of representatives of various
electrical utilities. This was the first step in the proposed rormation
or a Southcentral Regional Power Board.
XII 1.
COUNCIL DISCUSSION:
SWARTZ expressed her concern that local people needed more
inrormation relative to earthquake/tsunami preparedness.
GILLESPIE asked if sidewalk repairs had ceased for the season;
Dooley replied that they would be continuing.
HILTON stated that the Council's decision not to allow busi-
nesses to operate adjacent to area 13 in the proposed Small Boat Harbor
Master Plan "goes against a basic tenet or free enterprise". He stated
that erforts to protect existing businesses served only to stifle
competition.
CRIPPS reported that he would be sending a letter to Consul
General Hwang relative to the loss of the Korean delegation in Burma.
XIV. CITIZENS' DISCUSSION:
A. BEVERLY DUNHAM, Forest Acres, Seward, appeared rrom the
audience and invited Council to the October 13 Chamber of Commerce
meeting to hear guest speaker, Joe Usibelli. She also stated that the
administration should anticipate problems and opposition to be expressed
at the IECO rail corridor hearings and be prepared to answer the con-
cerns of the public.
B. DENNIS M. DOOLEY, responding to Dunham's comments, stated
that the City's role should not be to try to influence the outcome or
the IECO issue in any way.
C. CHRIS DINNAN, an employee of the Alaska Ferry System,
appeared rrom the audience and stated that it might be appropriate ror
the Council to show its support ror keeping the Tustumena in Seward by
sending a resolution stating such to the newly-formed 8-member Marine
Highway Commission.
XV. ADJOURNMENT:
was adjourned at 10:07 p.m.
Q~a
Mayor
VOLUME 20
1.
CALL TO ORDER:
The October 14, 1983, special meeting of the Seward City
Council was called to order at 12:00 Noon by Mayor Donald W. Cripps.
I I. OPENING CEREMONY:
Councilmember Swartz led the pledge or allegiance to the flag.
PAGE I6S
SPECIAL MEETING - OCTOBER 14, 1983
VOLUME 20
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Hilton, Swartz,
and Wilson; Councilmember Williams arrived at
12:04 p.m. (Absent with Council consent were
Councilmembers Gillespie and Meehan)
Present also: Assistant City Manager Schaefermeyer and City
Clerk Murphy
I
IV. SPECIAL ITEM:
CON-070: A. October 13, 1983, memorandum rrom Dennis M. Dooley,
Manager of Engineering & Utilities, relative to the Jefferson Street
drainage improvement project was noted. Schaefermeyer stated that bids
had been received and opened Wednesday, October 12. The low bidder was
Alaska Bonafide Contractors with a bid of $148,308, well below the
Engineer's Estimate of $260,000. After reviewing the submitted bid,
Acres/Hanscomb found it to be in general accordance and conformity with
the bid documents and recommended award or the contract to the low
bidder. Following rurther discussion, it was moved by Wilson, seconded
by Swartz and unanimously carried by all those present to accept the
administration's recommendation to award the contract to Alaska Bonaride
Contractors.
v.
ADJOURNMENT:
I
was adjourned
---------------------------------------------------
SPECIAL MEETING - NOVEMBER 8, 1983
VOLUME 20
1.
The November 8, 1983, special meeting or the Seward City
Council was called to order at I2:0S p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmember Hilton led the pledge or allegiance to the rlag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton. Meehan, Swartz, Williams and Wilson
Present also: City Manager Garzini, Assistant City Manager
Schaefermeyer and City Clerk Murphy
IV. SPECIAL ITEM:
I
It was moved by Wilson, seconded by Swartz and unanimously
carried by all those present to meet in Executive Session immediately
following adjournment in order to discuss a matter of rinancial interest
to the City.
V.
ADJOURNMENT:
^" . T.he meeting as adjourned
int"l.,..i'x:ecutive"Sepsion to discuss a
..\.'.\' . ':. '-':>'
'.<" ',-'.'
, . .'.' /' .\
. ~ .I-~;
m., and the Council went
tter.
j66
PAGE 166
REGULAR MEETING - NOVEMBER 14, 1983
VOLUME 20
1.
CALL TO ORDER:
The November 14, 1983, regular meeting or 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 or allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton and Meehan (Absent, with Council consent,
were Councilmembers Swartz, Williams and
Wilson)
Present also:
City Manager
Schaefermeyer,
Clerk Murphy
Garzini, Assistant City Manager
City Attorney Arvidson and City
IV.
APPROVAL OF MINUTES:
carried
meeting
minutes
It was moved by Meehan, seconded by Gillespie and unanimously
by all those present to approve the October 10, 1983, regular
minutes and the October 14 and November 8 special meeting
as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the City Manager, it was moved by Gillespie,
seconded by Meehan and unanimously carried by all those present to meet
in executive session following the close or regular business in order to
discuss a matter under litigation.
Garzini requested that item IX(C) (4) be deleted rrom the
regular meeting agenda. It was moved by Gillespie, seconded by Hilton
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:
FIN.DEPT.
1.
October 7,1983, Finance Department's list or accounts
payable totalling $106,673.70, was approved ror payment
and filed;
ST.LICENSING:
2.
Application ror permit authorizing games of chance and
skill as riled by Seward Elks Lodge No. 1773 was riled
without objection;
ABCB:
3.
Application ror renewal or liquor license as filed by
Seward Trading Company Liquor Store was riled without
objection;
4. A trip report as filed by the City Manager relative to
his trip to Seattle to attend the Fish Expo with Adminis-
trative Assistant Kerry Martin, Mayor Cripps and Council-
member Meehan was noted for information and riled; and
5. A trip report as filed by Police Chief Louis Bencardino
relative to the International Association of Chiefs of
Police Conrerence which he attended was noted for inror-
mation and riled.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Sewall was not
present at this time and his report was continued until later in the
evening.
VII. PUBLIC HEARINGS:
None
1 ",
. ,
PAGE 167
REGULAR MEETING - NOVEMBER 14, 1983
VOLUME 20
VII 1.
CITIZENS' DISCUSSION: (With prior notice only)
A. Dave Cich, Executive Director of the Chamber or Commerce,
requested that this item be continued until the November 28, meeting.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
I
None
B.
Ordinances for Public Hearing and Enactment:
None
C. Resolutions:
BUDGET / Cripps
EQUIPMENT/
RESO:
1. Copies having been made available to
noted by title only a proposed resolution entitled:
the pub lic,
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AMENDING
THE FY 84 BUDGET BY APPROPRIATING
FUNDS FROM THE GENERAL FUND-FUND
BALANCE TO THE CITY CLERK'S DEPART-
MENT FOR THE PURCHASE OF A TYPEWRITER
ORDERED IN FY 83.
November 9, 1983, memorandum from the City Clerk recommending approval
of the resolution was noted. It was moved by Gillespie, seconded by
Meehan and unanimously carried by all those present to approve Resolu-
tion No. 83-80.
I Cripps
GRANTS/AIRPORT/
RESO:
2. Copies having been made available to
noted by title only a proposed resolution entitled:
the public,
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING A REQUEST TO ASSUME THE RESPON-
SIBILITY FOR THE DEVELOPMENT OF A
MASTER PLAN FOR THE SEWARD AIRPORT.
November 9, 1983, memorandum from City Engineer Dooley recommending
approval or the resolution was noted. City Manager explained that
berore Federal runding could be obtained ror improvements to the air-
port, a 20-year Master Plan would have to be developed. The requested
TORA would make available planning monies rrom the State to complete the
Master Plan. In response to a question from Cripps, he noted that
entering into a TORA for the Master Plan would not obligate the City to
assume the responsibility ror ruture airport maintenance. Following
rurther discussion, it was moved by Gillespie, seconded by Hilton and
unanimously carried by all those present to approve Resolution No.
83-81.
3. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
CON-072/
IRESO:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AUTHORIZ-
ING THE INSPECTION OF THE SHIPLIFT
FABRICATION IN JAPAN WITHOUT UTILI-
ZATION OF THE BID PROCEDURES SET
FORTH IN SECTION 10-8 OF THE CITY
CODE.
November 8, 1983, memorandum from Dooley recommending approval of this
resolution which would authorize a purchase order in an amount not to
exceed $11,000 to Lloyds for inspection of the shiplirt rabrication was
noted. City Manager explained that since Lloyds is the premier hull
168
PAGE 168
REGULAR MEETING - NOVEMBER 14, 1983
VOLUME 20
insurer in the world, their certification is necessary ror a successrul
commercial operation. Following discussion, it was moved by Meehan,
seconded by Hilton and unanimously carried by all those present to
approve Resolution No. 83-82.
4. Deleted.
5. Copies having been made available to the public,
Cripps noted by title only a proposed resolution entitled:
REFUSE/CON-083
RESO:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, AWARDING
THE CONTRACT FOR CITY GARBAGE AND
REFUSE REMOVAL SERVICE TO SEWARD
SERVICES FOR THE PERIOD BEGINNING
JANUARY 1, 1984 AND ENDING DECEMBER
31, 1987.
City Manager explained that only two proposals ror reruse service had
been received. Since the only criteria ror selection were expertise and
equipment, the administration recommended that the City continue to
contract with Seward Services (Herman Leirer). He added that Leirer was
not requesting a rate increase at this time in exchange ror the elimina-
tion of the 6% fee he had been paying the City for the right to collect
the garbage. (The City would continue to collect a 12.5% billing ree.)
Following discussion, it was moved by Meehan, seconded by Gillespie and
unanimously carried by all those present to approve Resolution No.
83-84.
X.
UNFINISHED BUSINESS:
LITIGATION: A. November 9, 1983, memorandum rrom Dooley relative to a
(Claims) claim for damages as filed by Keith Knighten was noted. Garzini recom-
mended rull payment to Knighten, explaining that the damage suffered to
Knighten's equipment was due to imbalanced electrical power. He noted
that a transformer upgrade effected in June had solved the problem.
Following discussion, it was moved by Gillespie, seconded by Meehan and
unanimously carried by all those present to approve Mr. Knighten's claim
and to reimburse him in the amount or $I86.0S.
VI. BOROUGH ASSEMBLY REPORT: (Taken out of order)
KPB Assembly Representative Sewall, arriving late, gave a
verbal report or the Assembly meeting of November 1, 1983.
XI. NEW BUSINESS:
C.COUNCIL: A.
carried by all
City Council.
It was moved by Meehan, seconded by Hilton and unanimously
those present to appoint John Gillespie Vice-Mayor or the
SGH/C.COUNCIL: B. It was moved by Meehan, seconded by Gillespie and unani-
mously carried by all those present to appoint Karen Swartz to represent
the City Council on the Seward General Hospital Board.
TRADE BOARD: C. November 9, 1983, memorandum rrom the City Clerk relative
to the expiration or Albert Kawabe's term on the International Trade and
Industry Development Advisory Board was noted. Cripps, with Council
consent, re-appointed Kawabe to another term which will expire November
1988.
P&Z: D. November 9, 1983, memorandum from the City Clerk relative
to the need to appoint two individuals to the Seward Advisory Planning
and Zoning Commission to fill the vacancies created by the resignations
or Dean and Raya Williams was noted. Applications had been received
from Christopher Dinnan, William R. Glenn and Donald A. Sutherland.
Following discussion, the members present cast secret ballots; the Clerk
tallied the ballots and announced that the high vote-getters were Dinnan
CON-073 :
I
PURCHASING:
~ t.~ I'.
PAGE 169
REGULAR MEETING - NOVEMBER 14, 1983
VOLUME 20
and Glenn. It was moved by Meehan, seconded by Hilton and unanimously
carried by all those present to appoint Dinnan to a term to expire
February 1985 and to appoint Glenn to a term to expire February 1986.
E. October 31, 1983, memorandum rrom Special Projects
Engineer Tim Pflum relative to a request for approval of a purchase
order to Parker Paving Corporation ror asphalt paving was noted. In
October, the City had contracted with Parker Paving to complete some
street repairs for an amount totalling less than $5,000, making Council
authorization unnecessary. At the request or the Alaska Railroad, and
in an efrort to circumvent Federal procurement procedures, Pflum had
agreed to have Parker complete a paving proj ect which had been left
unfinished when ARR stopped work on the Grain Export Facility. The City
had received a purchase order from ARR for payment of its share of the
paving, but since the total cost of the paving now exceeded $S ,000,
Council authorization was required berore a purchase order from the City
could be issued. Following discussion, it was moved by Meehan, seconded
by Hilton and unanimously carried by all those present to approve a
purchase order to Parker Paving in the amount of $26,434.60, ror asphalt
paving.
F. November 4, 1983, memorandum from Prlum requesting
authorization to purchase used rail rrom ARR for Lowell Creek/Bear
Mountain Diversion Tunnel Rehabilitation was noted. Following discus-
sion, it was moved by Gillespie, seconded by Meehan and unanimously
carried by all those present to approve a purchase order to ARR ror the
purchase or used rail in an amount not to exceed $31,900.
LITIGATION: G. November 9, 1983, memorandum rrom Schaerermeyer relative
(Claims) to a damage claim filed by John Reisdorf was noted. Reisdorf's vessel,
the "Betty A", was dropped while being lirted by the City boat lift on
October 13. On the recommendation or the City Manager, it was moved by
Gillespie, seconded by Meehan and unanimously carried by all those
present to turn Reisdorf's claim over to the City's insurance company
I for disposition.
LITIGATION: H. November 9, 1983, memorandum from Dooley relative to a
(Claims) claim for damages as riled by Ronald DeTerra was noted. City Manager
recommended that action on this claim be continued until the November 28
meeting, stating that he needed additional time to review the claim.
Meehan and Cripps objected to any delaying action, stating that this
would be viewed as harassment or Mr. DeTerra. Meehan noted that this
was the rourth time the Electric crew had driven across DeTerra' s
property, breaking his sewer line, and this was DeTerra's first claim
against the City. He added that the claim was reasonable and justiried
and deserved immediate attention. Following further discussion, it was
moved by Meehan, seconded by Cripps and unanimously carried by all those
present to pay to Ronald DeTerra the $510.00 requested for repair of his
sewer line.
CON-062:
I CON-068:
I. November 9, 1983, memorandum rrom Dooley requesting
approval of a change order to the Crowley contract for pipe pile rilling
with concrete was noted. Garzini explained that he had polled the
Council on October 17 prior to authorizing the rilling or the pipe
piles; he was now requesting confirmation of the authorization given at
that time. Following discussion, it was moved by Gillespie, seconded by
Meehan and unanimously carried by all those present to authorize the
administration to negotiate a time and materials work change order with
Crowley Constructors for filling or pipe piles.
J. November 10, 1983, memorandum rrom Dooley relative to
Ebasco's recommendations rollowing review of the transmission line
alternatives was noted. Bill Toskey or Acres/Hanscomb, in response to a
question from Cripps, stated that, if the City wanted to attract indus-
try to the area, the Council should continue with its request ror a IIS
kva system, as this would cure the City's electrical problems for the
next 30 years. Following further discussion, it was moved by Gillespie,
seconded by Hilton and unanimously carried by all those present to
concur with the Acres/Hanscomb and Ebasco recommendation to proceed with
the design or alternative No.2, a IIS kva system for the Daves Creek
interconnection to the Chugach 115 kva grid.
]70
PAGE 170
REGULAR MEETING - NOVEMBER 14, 1983
VOLUME 20
RECESS: The meeting was recessed at 8:40 p.m.; reconvened at 8:48 p.m.
XII. CITY MANAGER REPORTS:
Garzini noted the rollowing special meetings:
a. 11/30/83 Special meeting or the Planning and Zoning
Commission ror the purpose of holding the third and
rinal IECO public hearing relative to the proposed
rail corridor to the Marine Industrial Center; and
b. 11/21/83 Special meeting of the City Council (Noon)
in order to consider a resolution authorizing the
sale or Industrial Development Bonds ror Seaway
Express and the retention or Bond Counsel.
Garzini also noted a list or the City's capital projects assistance
priorities ror 1984 which he intended to send to the Governor's Of rice
of Management and Budget and which had been distributed to Council prior
to the meeting. He asked that Council review the list and make any
changes in either the order or the items included prior to November 22.
XIII.
COUNCIL DISCUSSION:
MEEHAN noted that on his recent trip outside to attend the
Fish Expo, he had visited Crescent City (along with Garzini, Cripps and
Martin) and had seen their shiplirt and transrer pits in operation. He
also noted that a number or the rishermen attending the Fish Expo were
interested in porting out or Seward when the shiplift is in operation.
He rurther stated that his trip to Juneau to participate in the AML
Conrerence was very worthwhile, the most benericial part being meeting
other people around the state who were also involved in municipal
government.
CRIPPS noted the following:
a. He had received a telegram from Senator Stevens
indicating that $2.1 Million had been allocated ror the Exit Glacier
Bridge.
and Casey
Express.
b. While in Juneau, he had met with Commissioners Lyons
ror discussions relative to coal development and Seaway
c. He had also spent about an hour with Senator Gilman
who was very much interested in Seaway Express.
d. Tony Knowles, Mayor or Anchorage, had indicated that
Anchorage was not interested in having the proposed prison located on
Fire Island or anywhere near Anchorage.
e. The Conference or Mayors and the AML had both
adopted resolutions recommending that the State proceed with its plans
to purchase the Alaska Railroad.
XIV. CITIZENS' DISCUSSION:
None
XV. ADJOURNMENT:
adjourned at 9:00 p.m., and after a short
into executive session to discuss pending
~~
Mayor
171
PAGE 171
SPECIAL MEETING - NOVEMBER 21, 1983
VOLUME 20
1.
CALL TO ORDER:
The special meeting of the Seward City Council was called to
order at I2:0S p.m. by Mayor Donald W. Cripps.
II. OPENING CEREMONY:
Councilmembcr Swartz led the pledge of allegiance to the flag.
I
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Hilton, Meehan
and Swartz (Gillespie and \,Tilson arrived arter
roll call; Williams was absent with Council
consent)
Present also: City Manager Garzini, Assistant City Manager
Schaefermeyer, Administrative Assistant Martin
and Deputy City Clerk Audette
IV
RESOLUTIONS:
NOTE: Councilmember Wilson arrived at 12:07 p.m. and participated in
the remainder of the meeting.
RES/BONDS: A. Copies having been made available to the public, Cripps
noted by title only a proposed resolution entitled:
I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA TAKING
OFFICIAL ACTION WITH RESPECT TO THE
ISSUANCE OF ITS NONRECOURSE REVENUE
BONDS IN THE AMOUNT OF $12,000,000
TO PROVIDE FUNDS TO FINANCE THE AC-
QUISITION, CONSTRUCTION, AND EQUIP-
PING OF A MARINE TERMINAL FACILITY
FOR SEAWAY EXPRESS CORPORATION, AN
ALASKA CORPORATION OR A SUBSIDIARY
THEREOF.
City Manager introduced Maury Clark, representing Merrill
Lynch, and Don Holman, a bond counsel. Clark gave a brief history or
Seaway Express's development. He emphasized that hiring ror the Seward
operation would be through the local Job Service orrice. Clark rurther
stated that the City would incur no monetary liability ror the issued
bonds.
NOTE: Councilmember Gillespie arrived at 12:10 p.m. and participated in
the remainder of the meeting.
"
In response to a question rrom Meehan, Martin Durkin, the
general counsel for Marine Power and Equipment and its subsidiaries,
introduced himself and stated that the total Industrial Revenue Bond
indebtedness would be guaranteed by Marine Power and Equipment. Durkin
also stated that Marine Power and Equipment was a privately-owned family
company and that they preferred not to publicly declare the company's
worth.
,(.(,.
I
It was moved by Gillespie, seconded by Swartz and unani-
mously carried by all those present to approve Resolution 83-8S.
V.
NEW BUSINESS:
BONDS:
A. City Manager explained that all legal expenses resulting
from the sale of the Industrial Revenue Bonds would be paid by Seaway
Express. Upon the recommendation of the City Manager, it was moved by
Meehan, seconded by Wilson and unanimously carried by all those present
to retain Preston, Thorgrimson, Ellis and Holman as counsel for the
Industrial Revenue Bond sale ror Seaway Express.
1,.....)
. 4.....
PAGE 172
SPECIAL MEETING - NOVEMBER 21, 1983
VOLUME 20
VI. ADJOURNMENT:
was adjourned at 12:25 p.m.
QJU(-?~
Donald W. Cripps ..
Mayor
- NOVEMBER 28, 1983
VOLUME 20
1.
CALL TO ORDER:
The November 28, 1983, regular meeting or 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 or allegiance to the
flag.
III. ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie, Hil-
ton, Meehan, Swartz, Williams and Wilson
Present also: City Manager Garzini, Assistant City Manager
Schaerermeyer and City Clerk Murphy
IV. APPROVAL OF MINUTES:
It was moved by Meehan, seconded by Hilton and unanimously
carried to approve the November 14, 1983, regular meeting minutes and
the November 21, 1983, special meeting minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
Meehan requested that the following be added to the regular
meeting agenda:
XL
NEW
B.
BUSINESS:
Response to letter from Fairbanks Mayor
Bill Wally relative to the AAMC's decision
to eliminate Fairbanks as a site for its
Spring training sessions.
It was moved by Wilson, 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:
FIN.DEPT:
1.
Finance Department's list or accounts payable ror the
month of October 1983 totalling $2,019,978.89, was
approved ror payment and riled;
RES:
2.
Resolution No. 83-86, in support or the State Community
Education Program, was approved and filed;
RES/MUN.ASSIST:
3.
Resolution No. 83-87, requesting State Municipal Assis-
tance Funding, was approved and filed;
ABCB:
4.
ABCB notirication of applications ror renewal of liquor
licenses as riled by BPO Elks Lodge #1773 and the Wheel-
house, rormerly known as Dorothy's Cocktail Lounge, was
riled without objection; and
ABCB:
s.
ABCB notirication or exemption or 30-days operation
requirement ror retention of liquor license as granted to
-., 'r":' ---
PAGE 173
REGULAR MEETING - NOVEMBER 28, 1983
VOLUME 20
Billy and Julie Casey, was noted ror information and
filed.
VI. BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report or the Assembly meeting of November IS,
1983.
VII. PUBLIC HEARINGS:
I
None.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
A. No one appeared to represent the Chamber or Commerce in
the discussion or its rinancial report as presented in Council packets.
Cripps instructed the Clerk to schedule this item ror discussion at the
first meeting in January, 1984.
B. Cripps noted the following items round in Council packets
and available ror public inspection:
o
November 21, 1983, petition requesting that Council
re-evaluate that portion of Resolution No. 83-26
establishing a $20/month live-aboard ree in the
Small Boat Harbor;
o
A copy of Resolution No. 83-26, as approved by
Council on May 23, 1983; and
o
November 23, 1983, memoranda rrom Harbormaster
Foster Singleton relative to Statewide ordinances
governing live-aboards and local enforcement of
Resolution No. 83-26.
I
JOANNE STUDENY, GARY WEATHERLOW, and GARY BARLOW, residents of
the Small Boat Harbor, appeared from the audience and stated that they
were not opposed to paying the $20/month charge, but would like clari-
rication or derinitions, enforcement procedures and justification for
the charge. In response to these inquiries, Cripps and Garzini ex-
plained that a "live-aboard" was one who lives aboard a vessel moored in
the SBH for a number or days totalling 2 weeks per month. They added
that it was the intent of the administration to enforce the live-aboard
charge uniformly, year-round. Garzini rurther explained that live-
aboards place increased demands on the harbor's sewer, garbage and
bathroom facilities. He added that, given the ract that vessel owners
pay either $5 or $15 dollars (depending on the weight of the vessel) in
lieu of the standard S-mil personal property tax they could be charged,
residents of the harbor area are living virtually tax-rree. There being
no rurther comments rorthcoming from the SBH residents, Cripps thanked
them for their comments and concern.
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
None.
B.
Ordinances for Public Hearing and Enactment:
I
None.
C.
Resolutions:
RES/P&Z: 1. Copies having been made available for the public,
Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, REQUEST-
ING THE KENAI PENINSULA BOROUGH
ASSEMBLY AMEND THE BOROUGH ZONING
174
PAGE 174
REGULAR MEETING - NOVEMBER 28, 1983
VOLUME 20
CODE TO PERMIT CONSIDERATION OF
REZONE PETITIONS WHICH SEEK TO BRING
A PARCEL INTO CONFORMANCE WITH THE
LAND USE PLAN.
Garzini noted the November 22, 1983, memorandum from Assistant City
Manager Schaefermeyer recommending approval of the resolution. He
explained that, under current Borough regulations, parcels or less than
one acre in size could not be considered ror rezone unless the rezone
merely altered the boundaries or existing, contiguous zoning districts.
The administration was requesting a change to allow the consideration or
rezone requests for any size parcel, so long as the proposed rezone
would bring a piece of property into conformance with the Land Use Plan.
Following discussion, it was moved by Hilton, seconded by Swartz and
unanimously carried to approve Resolution No. 83-88.
RES/LUP/JESSE LEE
HTS Cripps noted
SUB:
2. 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, REQUEST-
ING THE KENAI PENINSULA BOROUGH AMEND
THE SEWARD LAND USE PLAN DESIGNATION
FOR LOTS 2-3, JESSE LEE HEIGHTS
ADDITION NUMBER 2, FROM PUBLIC
DEVELOPED TO MULTI-FAMILY RESIDEN-
TIAL.
Schaerermeyer, noting his November 22, memorandum, stated that, without
such a change to the Land Use Plan, the current owners would be unable
to acquire a conditional use permit ror the construction or multi-ramily
residential units on the property. In response to a question from
Gillespie, he stated that a rezone would not be required since the area
was presently zoned Limited Commercial. Following discussion, it was
moved by Gillespie, seconded by Meehan and unanimously carried to
approve Resolution No. 83-89.
RES /FIRE DEPT / CIVIL 3. Copies having been made availab Ie to the pub lic,
DEF: Cripps noted by title only a proposed resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, APPROPRI-
ATING FUNDS FROM THE GENERAL FUND-
FUND BALANCE TO THE SEWARD FIRE
DEPARTMENT CAPITAL EQUIPMENT ACCOUNT.
November 22, 1983, memorandum rrom Special Projects Engineer Tim Pflum
was noted. Garzini explained that Council had directed the Adminis-
tration to look into the City's Civil Derense/Emergency Preparedness
Plan. As a result, it was found that the City's current standby power
ror the Fire Station is supplied by a generator which does not meet
legal requirements as set by the National Fire Protection Association.
In an erfort to correct this situation, the City had acquired free or
charge rrom the Kenai Peninsula Borough a used GMC diesel-Kato generator
which would meet legal requirements for the Fire Hall and would supply
emergency power to City Hall buildings as well. The administration was
now requesting an appropriation or $20,000 to cover the cost of instal-
lation or the equipment. (The $20,000 included cost or installation
equipment, wire, miscellaneous materials and labor.) Following rurther
discussion, it was moved by Swartz, seconded by Meehan and unanimously
carried to approve Resolution No. 83-90.
RES/SBH/LUP: 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, ADOPTING
THE SMALL BOAT HARBOR UPLANDS MANAGE-
MENT MASTER PLAN.
PAGE I7S
REGULAR MEETING - NOVEMBER 28, 1983
VOLUME 20
Administrative Assistant
changes had been made to
submitted to the Council:
Kerry Martin explained that the following
the Master Plan which had originally been
o
The word "uplands" had been added to the title;
o
All references
deleted, as this
concerned; and
to time limits ror parking were
should be lert to the departments
o
Area 5D, located adjacent to the proposed boardwalk
directly across rrom the Breeze Inn Restaurant, had
been deleted (Originally designated as a lease area
for small shops).
I
Hilton stated that he was opposed to the elimination or area SD, adding
that the City should not take a protectionist stand to lock out competi-
tion in the area. Williams and Meehan concurred. Gillespie stated that
he was sympathetic to the plight of current lease-holders who would no
longer have the advantage or being located closest to the waterrront.
He added that he was in ravor or approving the plan "as-is"; details
could be worked out later. It was moved by Gillespie and seconded by
Wilson to approve Resolution No. 83-91. It was then moved by Hilton and
seconded by Williams to amend Resolution No. 83-91 to allow the leasing
of property in the area formerly referred to as SD. Gillespie stated
that he was opposed to amending the Master Plan at this time. He noted
that at the October 10, meeting, Council had voted to delete this area
(SD) from the Plan. He added that berore incorporating it again, the
Council should hold another public hearing so that merchants in the area
could be given an opportunity to be heard.
RECESS: The meeting was recessed at 8:35 p.m.; reconvened at 8:45 p.m.
I
Cripps read that portion of the October 10, 1983, regular
minutes wherein Council instructed the administration to
rererences to Area SD rrom the Master Plan. Following
discussion, a roll call vote on the amendment passed as rollows:
meeting
delete
rurther
AYES:
NOES:
Cripps, Hilton, Meehan, Williams and Wilson
Gillespie and Swartz
The main motion to approve Resolution No. 83-91, as amended, passed
unanimously. It was then moved by Gillespie, seconded by Wilson and
unanimously carried to reconsider the vote to approve Resolution No.
83-91, as amended, at the next regularly scheduled meeting. Cripps
instructed the administration to schedule a public hearing on the
proposed SBH Master Plan ror the December 12, meeting; to contact all
lessees in the SBH area regarding the proposed change to the Plan; and
to define "small shop" prior to the meeting.
x.
UNFINISHED BUSINESS:
I
SCHOOLS (AVTEC) : A. Cripps noted the November 22, 1983, memorandum from
Martin and its attachments, including a letter from Robert F. Richardson
of AVTEC relative to the State's counter-proposal eliminating the
central core area and moving the existing trail closer to First Lake,
thus increasing the amount of land contained in the proposed dedication
or property to AVTEC for educational purposes. Cripps then had the
Clerk outline a brier history of AVTEC's negotiations with the City in
its efforts to acquire the subject property for expansion of the present
school racility. Meehan stated that the City should reject AVTEC's
counter orrer and vote only on the City's original proposal including
the entire core area. Cripps, Gillespie and Wilson felt that the City
should conduct one more public hearing to allow each side or this
controversial issue to be heard. Cripps, with Council consent, directed
the administration to schedule a public hearing ror the last meeting in
January, 1984, and to present ror review at that time two deeds--one to
include the original core area and the other to incorporate AVTEC' s
counter-proposal. Since all legal requirements ror public hearings have
been met, a resolution incorporating the chosen option will be con-
sidered for approval immediately following the public hearing.
PAGE 176
REGULAR MEETING - NOVEMBER 28, 1983
VOLUME 20
XI. NEW BUSINESS:
C.COUNCIL: A. November 22, 1983, memorandum from the City Clerk recom-
mending that the second meeting in December be cancelled due to the
holiday season was noted. It was moved by Gillespie, seconded by Meehan
and unanimously carried to cancel the December 26, 1983, meeting.
B. Meehan noted that the Council had received letters rrom
Fairbanks Mayor Bill Wally and the Fairbanks North Star Borough Assembly
asking for the City I S support in urging the Alaska Association or
Municipal Clerks (AAMC) to reconsider its decision to eliminate Fair-
banks as one of the three sites ror annual training sessions. Meehan
suggested that the City support Fairbanks ofricials in their errorts.
The City Clerk explained that the AAMC had decided to eliminate Fair-
banks as a training site because of the expense or importing speakers
and trainers for these sessions. Cripps, with the consent or Council,
stated that he would write to Mayor Wally and Mayor Allen and suggest
that this item be added to the agenda ror the next Fairbanks/Seward
joint meeting.
XII. CITY MANAGER REPORTS:
Garzini noted the November 4, 1983, letter from the State Fire
Marshall noticing of the State's intention of inactivating "low-
priority" files. He explained that Fire Chier John Gage would now be
required to conduct fire inspections on those commercial buildings not
covered under the State's new plan. He added that Gage would continue
to acquire the training necessary to perrorm these added duties.
Williams suggested that the City review the Fire Code and consider an
amendment requiring fire walls in all downtown buildings.
XIII.
COUNCIL DISCUSSION:
WILSON requested that the administration give Council a status
report on the joint use or facilities agreement with the Borough School
District at the next meeting. He also suggested that, after settling
the issue of the proposed dedication or land to AVTEC, the Council
consider dedicating the Second Lake area as a public park, thus avoiding
future disputes as to how this property should be used.
CRIPPS suggested that Council consider hiring an in-house
attorney, thus eliminating the need for the services or Hughes, Thors-
ness, Gantz, Powell and Brundin. He rurther suggested that Council
consider resurrecting the now defunct Harbor Commission. He added that
these suggestions were "food for thought".
XIV. CITIZENS' DISCUSSION:
A. BOB RICHARDSON, Seward, appeared from the audience and
stated that the land designated as "University land" on the attachment
to the AVTEC letter (Item X(A)) was now State land and would soon be
deeded to AVTEC ror its us-;:--He added that, had the City's original
deed, outlining the core area, noted the City's intention to move the
trail closer to the Lake, his recommendations to the State would have
been quite difrerent.
B. BOB VALDATTA, Seward, appeared rrom the audience and
suggested that the City attempt to have the AML hold some or its meet-
ings on the Kenai Peninsula. Cripps and Garzini explained that there
were not enough hotel rooms in any of the peninsula communities to
accommodate the AML.
XV. ADJOURNMENT:
The meeting was adjourned at 9:40 p.m.
~~
Mayor
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PAGE 177
REGULAR MEETING - DECEMBER 12, 1983
VOLUME 20
1.
CALL TO ORDER:
The regular meeting of the Seward City Council was called to
order at 7:31 p.m. by Mayor Donald W. Cripps.
11.
OPENING CEREMONY:
Councilmember Gillespie led the pledge or allegiance to the
flag.
II 1.
ROLL CALL:
Present were: Mayor Cripps and Councilmembers Gillespie,
Meehan, Williams, and Wilson (Hilton arrived
arter roll call; Swartz was absent with Council
consent)
Present also: Assistant City Manager Schaefermeyer, City
Attorney Arvidson and Deputy City Clerk Audette
IV.
APPROVAL OF MINUTES:
carried
meeting
It was moved by Gillespie, seconded by Wilson and unanimously
by all those present to approve the November 28, 1983, regular
minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request or the Assistant City Manager, it was moved by
seconded by Meehan and unanimously carried by all those
meet in executive session following the close of regular
order to discuss a personnel matter.
Gillespie,
present to
business in
Schaerermeyer stated that representatives rrom Red Samm
Construction, Inc. had asked to be permitted to speak berore Council
under agenda item IX(C)(2). Cripps, with Council consent, granted
permission ror the representatives' presentation. It was moved by
Wilson, seconded by Meehan and unanimously carried by all those present
to approve the regular meeting agenda and the consent calendar as
presented, and the following actions were taken:
Civil Defense
1.
November 30, 1983, letter from Police Chief Bencardino
regarding Disaster Planning and Preparedness in Seward
was noted for information and filed;
Accts. Payable 2.
December 5, 1983, Finance Department's list of accounts
payable totalling $1,207,865.61, was approved for payment
and filed;
ABCB
3.
Application for renewal or liquor license as riled by
Harbor Dinner Club was filed without objection;
Local Organ.
4.
games of chance and
Citizens, Inc. and
without objection;
Applications for permit authorizing
skill as riled by Seward Senior
American Legion Auxiliary were filed
CityAtty
s.
Hughes, Thorsness, Gantz,
legal services totalling
payment and riled; and
October 1983, invoice
Powell and Brundin
$7,014.28, was approved
from
for
ror
6.
A trip report as riled by
relative to the Finance and
in Atlanta, Georgia which
information and filed.
Finance Director Joe Gale
Information System Workshop
he attended was noted ror
V1.
BOROUGH ASSEMBLY REPORT:
Kenai Peninsula Borough Assembly Representative Jonathan
Sewall gave a verbal report of the Assembly meeting or December 6, 1983.
- ~---,
,.
~. I (
PAGE 178
REGULAR MEETING - DECEMBER 12, 1983
VOLUME 20
VII.
PUBLIC HEARINGS:
NOTE: Councilmember Hilton arrived at 7:38 p.m. and participated in the
remainder of the meeting.
Laubner Add. A. Schaefermeyer noted the December 8, 1983, memorandum rrom
Administrative Assistant Martin regarding the right-of-way access across
City land to Hulm Property in the Laubner Addition, the drart agreement
for access and a December 7, 1983, letter rrom Ruth McHenry suggesting
alternatives to the proposed forty foot easement.
Notice of public hearing as posted and published by law
was noted and the public hearing was opened.
BERNARD C. HULM, 317 6th Avenue, Seward, appeared rrom
the audience and spoke in ravor of the forty foot easement.
Wilson commented that the forty root easement would give
future builders in that area rlexibility and that the City could use the
easement to access the Second Lake area.
No one else appeared from the audience in order to be
heard and the public hearing was closed.
SBH B. Schaefermeyer explained that this public hearing was to
receive public comment on Resolution No. 83-91 which was adopted, as
amended to include Area SD in the Small Boat Harbor Uplands Management
Master Plan, at the regular City Council meeting of November 28, 1983.
December 6 and 7, 1983, memoranda from Administrative Assistant Martin
regarding the Small Boat Harbor Uplands Management Master Plan and the
extension of Fourth Avenue as a part or that Plan, were noted.
Notice of public hearing as posted and published by law
was noted and the public hearing was opened.
12,
Inn,
area
view
At the Mayor's request, the Deputy Clerk read a December
1983, letter received from Juris Mindenberg, owner of the Breeze
which stated that while increasing public access to the waterfront
would be beneficial, sixteen foot structures obstructing the water
or existing businesses would be detrimental.
JOHN SMITH, manager of the Breeze Inn, appeared from the
audience and stated that he was opposed to the boardwalk business idea
but was not afraid of "rair" competition. Smith also expressed concern
over devoting some of the present parking area to future boardwalk
businesses when there was not enough parking already when the harbor is
in its busy season. Smith asked Council to take another look at the
boardwalk business idea.
DALE CLEMENS, Marina Subdivision, Seward, appeared from
the audience and presented several reasons why he was opposed to
waterfront boardwalk businesses; (1) the present Small Boat Harbor
parking needed to be protected, (2) new businesses should be developed
beside present businesses, not in rront of them, so as not to detract
from the waterfront views, (3) the staging area needed for trucks
unloading merchandise to boardwalk businesses would eat up even more or
the present parking available, (4) and lastly, Clemens did not want to
have to look from his present business into the backs or ruture
buildings nor at their garbage cans. Clemens stated that a Small Boat
Harbor plan developed by Hewitt, Loundsbury & Associates should be used
as the guideline for present businesses. He also stated that he was not
opposed to the boardwalk only to the structures on the boardwalk; he
relt that the rest or the Harbor plan was good.
TIM PFLEUM, City Special Proj ects Engineer, Mile 2S,
Seward Highway, appeared from the audience and stated that he felt
that the unsightly trash storage by future boardwalk businesses and the
increased demand
I
I
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"" ...~ r
PAGE 179
REGULAR MEETING - DECEMBER 12, 1983
VOLUME 20
ror parking were two reasons to reject the boardwalk business idea. He
stated that he would like to see the area behind the boardwalk be
developed.
CHRIS DINNAN, 6th Ave., Seward, appeared from the
audience and spoke against shops along the waterfront stretch as they
would not be aesthetic.
No one else appeared rrom the audience in order to be
heard and the public hearing was closed.
VIII.
CITIZENS' DISCUSSION: (With prior notice only)
None
IX. ORDINANCES AND RESOLUTIONS:
A. Ordinances for Introduction:
Ord. 1. Copies having been made available to the public,
Cripps noted by title only a proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ESTAB-
LISHING THE HISTORIC DISTRICT IN
DOWNTOWN SEWARD
Schaefermeyer stated that this proposed ordinance was introduced by
Councilmember Williams. Williams then noted her December 12, 1983,
memorandum, which was available ror the public and had been distributed
to Councilmembers, listing the reasons a derined historical district in
Seward would be beneficial. In response to questioning, Williams
explained that once a building had been recognized as historical it
could still be torn down. Also fire codes in regard to exits could be
relaxed but not to the point of jeopardizing safety of lire. Fire wall
regulations between buildings would remain the same. Schaerermeyer
stated a few amendments to the ordinance as proposed could be made so as
to include the Ferry terminal in the historical district as derined and
that Armstrong Avenue should read Railway Avenue. It was moved by
Gillespie, seconded by Hilton and unanimously carried by all those
present to introduce proposed Ordinance No. SI9 and set the public
hearing for the regular Council meeting or January 9, 1984.
B. Ordinances ror Public Hearing and Enactment:
C. Resolutions:
Copies having been made available to the public,
title only Resolution No. 83-91, as amended, to be
required by an approved motion at the November 28, 1983,
meeting, entitled:
SBH/Reso. 1.
Cripps noted by
reconsidered as
regular Council
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, ADOPTING
THE SMALL BOAT HARBOR UPLANDS MANAGE-
MENT MASTER PLAN
Because the general opinion of the Council was that a specific architec-
tural design and criteria plan should be decided upon before any
boardwalk development take place, City Attorney Arvidson was asked to
provide the wording for a motion to guarantee such a plan would have to
be presented to Council prior to actual development.
RECESS: The meeting was recessed at 9:15 p.m., reconvened at 9:25 p.m.
It was moved by Wilson, seconded by Meehan and unanimously carried to
amend Resolution No. 83-91, as amended, to include the rollowing state-
ment under Section 1.: ";provided that no leasing or other development
of the boardwalk areas take place without prior approval by the Council
(after public hearing) or the development plan ror those areas with such
-ro
r'. t>
PAGE 180
REGULAR MEETING - DECEMBER 12, 1983
VOLUME 20
restrictions as may be necessary to enhance future development without
unduly detracting from existing uses of adjoining areas."
Meehan then asked that a work session be planned with the City's Engi-
neering department in the near ruture to discuss a architectural plan.
Gillespie withdrew a motion to include the Fourth Avenue extension arter
Schaefermeyer asked that it be considered at the next regular Council
meeting. [memorandum noted under agenda item VII. (B))
Reso/Contract#074/
FIood Cripps noted
Control
2. 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, AWARDING
A CONTRACT FOR THE LOWELL CREEK TUNNEL
RECONSTRUCTION PROJECT.
City Engineer, Dooley, noted a December 12, 1983, memorandum from
himselr, which explained that the bids ror the project were opened
December 8, 1983, 11:30 a.m. and that the allowance for the project was
$I.S million. Also noted was a December 12, 1983, letter from Red Samm
Construction, Inc. regarding a ten percent reduction in total bid amount
ror the Lowell Tunnel Reconstruction. Dooley then introduced Red Samm
representatives, Jim Tripp, Project Manager, and Burton Reanier,
Vice-President.
Reanier provided each Councilmember a December 12,
1983, letter regarding a concurrent-with-award reduction of the total
bid amount to $1,499,881.00 with the provision that Red Samm
Construction perrorm the shotcrete work, and asked Council to disregard
the previously distributed letter. Using charts, Reanier explained how
Red Samm Construction was able to reduce its bid amount by eliminating
the mandatory requirement for the inclusion of BMI from Pennsylvania as
the sole shotcrete subcontractor ror this project and to allow Red Samm
Construction to apply the patented Anvil-Top material.
Dooley explained to Council that CH2M Hill was
contracted by the City to decide what the best long-term "fix-it"
procedure for the Lowell Creek Tunnel would be. CH2M Hill reported that
a peculiar type or shotcrete, Anvil-Top, would be the most successful,
long-term material for lining the tunnel. Consultations with
Acres/Hanscomb, CH2M Hill and Master Builders revealed that the success
of the Anvil-Top adhering to the applied surrace required a particular
application process and in order to eliminate the learning curve, BMI, a
contractor with a reputation for successful Anvil-Top work, had been
specified as the sub-contractor in the bid requirements. Reanier stated
that there was no magic in shotcrete work and that the company producing
Anvil-Top required its own specialists to be present during the
application process. Dooley stated that the methodology of selecting a
successful bidder had been recorded prior to the bid opening and it had
been explained at the mandatory pre-bid conference; therefore in order
to maintain the integrity or the bid process, that methodology should be
followed to select the successful bidder. Schaefermeyer stated that the
Administration supported the recommendation of CH2M Hill and
Acres/Hanscomb to subcontract the Anvil-Top application to BMI. Williams
expressed the opinion that to speciry a subcontractor was wrong, but the
bid requirements were advertised that way and the Council was now stuck
with it. Meehan stated that if one contractor (Red Samm) was allowed to
adjust its bid, all contractors should be given that chance. It was
then moved by Meehan, seconded by Hilton and unanimously carried by all
those present to approve Resolution No. 83-92, awarding the Lowell Creek
Tunnel Reconstruction project to Swalling Construction, of Anchorage, in
the amount or $1,464,516.00.
x.
UNFINISHED BUSINESS:
None
PAGE 181
REGULAR MEETING - DECEMBER 12, 1983
VOLUME 20
XL
NEW BUSINESS:
OTS/
A. December 8, 1983, memorandum rrom Schaefermeyer regarding
a right-or-way encroachment on Lots 21-22, Block 13, Original Townsite
of Seward, and a November 28, 1983, letter rrom First Alaskan Mortgage
and Escrow, Inc. requesting the Council's non-objection ror continuance
of the encroachment, were noted. Schaerermeyer stated that the
Council's past practice has been to approve continuance or existing
encroachment into City right-of-way ror the life of the encroaching
structure or or the loan, whichever terminates first. It was moved by
Wilson, seconded by Hilton and carried as follows to grant continuance
of the encroachments described in the as-built survey performed by
Robert A. Summers on November 3, 1980, on Lots 21 and 22, Block 13,
Original Townsite, Seward, ror the useable lire of the building
(structures) or or the loan whichever rirst occurs, in ravor or Dennis
C. Ricker and Patricia J. Ricker and First Alaskan Mortgage and Escrow,
Inc. and its successors or assigns:
I
AYES:
NOES:
ABSTAIN:
Cripps, Hilton, Meehan, Williams, Wilson
None
Gillespie
NOTE: Gillespie abstained, stating that according to the as-built
survey, his company had been connected with Dennis Ricker.
XII.
CITY MANAGER REPORTS:
Schaerermeyer stated that he had received a request from
Anderson Tug and Barge to place a mooring buoy in the tidelands east of
the Alaska Railroad Pier (ARR). He explained that the administration
recommended approval as there once had been a buoy in the requested
location and it was not in the shipping channel. Cripps, with the
consent of Council, voiced non-objection to the placement of a mooring
buoy by Anderson Tug and Barge in the tidelands east of the ARR pier on
an annual permit basis.
I
Schaerermeyer also listed the guest speakers scheduled for the
next three Chamber luncheons and invited Councilmembers to attend.
Schaerermeyer reported that $14 million ror the Seward
electrical intertie, on a loan basis, had been proposed ror inclusion in
the Alaska Power Authority budget.
XIII.
COUNCIL DISCUSSION:
WILLIAMS requested that the public hearing on proposed
Ordinance No. SI9 be postponed until the second Council meeting in
January as she would be unable to attend the January 9, 1983 meeting.
Cripps, with Council consent, changed the public hearing date on the
proposed Ordinance to January 23, 1983.
Williams also stated that she would like to see the City's
bidding procedures "cleaned up".
WILSON stated that he felt that City Fire Chier, John Gage,
and the local volunteer fire department should be commended in their
recent training efforts.
CRIPPS reminded the Council that the December 26, 1983,
meeting had been cancelled and wished everyone a happy holiday season.
I
XIV.
CITIZENS' DISCUSSION:
City Engineer/Utilities Manager, Dennis Dooley, appeared
the audience and stated that he had resigned his position with the
to attend to personal matters in Anchorage and as this was his
Council meeting, he wanted to thank the Members and say that it had
a pleasure working with them.
rrom
City
last
been
,~K7
PAGE 182
REGULAR MEETING - DECEMBER 12, 1983
VOLUME 20
XV. ADJOURNMENT:
The meeting was adjourned at 9:S0 p.m.; and, after a short
recess, the Council reconvened in Executive Session to discuss a person-
nel matter.
VOLUME 20
The January
was cancelled
4.
. '"::t:
9, 1984, regular meeting of the Seward City
due to a lack or a quorum and rescheduled for
,~ as.. )A
c;tty 'Cle
(~J:"l~ , d~c;l-~"
%"ffC m r.\ ',;10'
------g~~~~~~~~~------------------------------------------------------
PAGE 182 ',,," REGULAR MEETING - JANUARY 16, 1984 VOLUME 20
1.
CALL TO ORDER:
The January 16,1984, 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 Gillespie, Hil-
ton, Meehan, Swartz, Williams and Wilson
Present also:
City Manager
Schaerermeyer,
Clerk Murphy
Garzini, Assistant City Manager
City Attorney Arvidson and City
IV. APPROVAL OF MINUTES:
It was moved by Meehan, seconded by Gillespie, and unanimously
carried to approve the December 12, 1983, minutes as written.
V.
APPROVAL OF CONSENT CALENDAR AND REGULAR MEETING AGENDA:
At the request of the City Manager, it was moved by Meehan,
seconded by Gillespie and unanimously carried to conduct an executive
session immediately rollowing the close of the regular meeting to
discuss a financial and legal matter relative to VECO.
Cripps requested that Item VIII (C) be deleted from the
regular meeting agenda; Bob Valdatta, who was scheduled to speak, was
unable to attend the meeting. It was moved by Gillespie, 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: