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HomeMy WebLinkAbout06132016 City Council Minutes City of Seward,Alaska City Council Minutes June 13, 2016 Volume 40, Page 68 CALL TO ORDER The June 13, 2016 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda Dale Butts Sue McClure Deborah Altermatt comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Will Earnhart, City Attorney Absent—David Squires After Roll Call,Mayor Bardarson called for a Moment of Silence for the victims of the June 12, 2016 mass shooting in Orlando, Florida. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Thom McAleer introduced himself as the Vice President of Alaska Denali Travel and Cook Inlet Region Incorporated (CIRI) Alaska Tourism Corporation. He'd been involved with Alaska tourism for over twenty years.His company acquired 100%of the shares of CIRI this year,including Kenai Fjords Tours(KFT).He emphasized his company was proud of contributing to and promoting Alaska. McAleer addressed some public comments made at the last meeting. They did not violate any laws and continued to operate honestly and with integrity. Craig Ambrosiani introduced himself as an applicant on the Planning and Zoning Commission.He had been in Seward for the last 11 years,off and on.Ambrosiani had three children, a finance background with a master's in business, and he loved Seward. He currently worked in health care, finance and administration. He hoped to assist the commission on their mission to help the community maintain balance between a strong economic base and a safe, family-friendly town. City of Seward, Alaska City Council Minutes June 13, 2016 Volume 40, Page 69 APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Butts pulled the introduction of Ordinance 2016-003 off the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Ordinance 2016-004,Amending Portions Of Seward City Code§2.05.035,Denial Of Request; Appeal, To Establish A Customary Timeline To Appeal The Denial Of A Request For Information. (Introduced and set for public hearing and enactment at the June 27, 2016 meeting) Ordinance 2016-005,Amending Portions Of Seward City Code Titles 8,9,And 15,Regarding Requirements And Standards For Commercial Marijuana Establishments In The City Of Seward. (Introduced and set for public hearing and enactment at the June 27, 2016 meeting) Resolution 2016-038, Amending The City Council Rules Of Procedure To Incorporate A Mobile Use Device Acceptable Use Policy And To Clarify Electronic Communications As It Pertains To Public Meetings. Resolution 2016-039, Authorizing The Discharge Of Fireworks By The Chamber Of Commerce During The 2016 Fourth Of July Celebration. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Proclamation for Spring Creek Correctional Center Employee of the Year Jeremy Sandy. City Manager Report.Jim Hunt reported the following purchase orders between$10,000 and $50,000 were approved by him since the last council meeting: • $20,000 to Metco from Parks and Recreation for D-1 grading, concrete blocks, and construction mat. • $33,800 to McKenna from Roads and Streets for repaving patches of pavement. • $32,957.01 to T2 Systems from Parks and Recreation(Campgrounds) for Luke Pay Stations. • $17,100 to EPS from Electric for Fort Raymond LTC Repair. Assistant City Manager Ron Long stated they met with representatives from the Kenai Peninsula Borough and were able to successfully avoid a one day a week closure of the landfill during the summer time. In response to Casagranda,Long stated Nancy Perea was the Acting Public Works Director. Administration was working to fill the director position,and Perea was working to City of Seward,Alaska City Council Minutes June 13,2016 Volume 40, Page 70 fill other positions within the Public Works Department.He added a new Museum Curator had been hired and was already in Seward. In response to Casagranda,Long clarified that when the council approved the FY 2016-2017 budget, they froze overtime for the general fund budgets, but enterprise funds like the harbor still allowed for overtime. McClure was excited about the changes at the National Park Service building in the harbor. The removal of the "moat" was an improvement. She noticed the stenciling of the Iditarod trail markers, which was also exciting. In response to Butts,Long and Hunt stated any paving projects that could occur this summer would be internal,and as time and money allowed.The big project with the state would happen next year. City Attorney Report.Will Earnhart stated the litigation with Orion was scheduled soon and he was hopeful they would receive a decision within a month or so.Earnhart said he felt positive about it the city's case.Collective bargaining with the IBEW Union for the Electric Department was moving forward. The City Attorney had been working with administration on the commercial marijuana regulations, and saw that title 10 of the Seward City Code appeared very outdated and needed updating. Other Reports,Announcements and Presentations—None PUBLIC HEARINGS Ordinance 2016-002,Amending Portions Of Seward City Code § 7.10.135. Motion (Keil/Casagranda) Enact Ordinance 2016-002 Earnhart summarized the changes before the council. The harbor included tidelands,which were publicly owned. The city had to make sure the public had access and could not sell land nor lease it in perpetuity.Typically,if someone had a slip and they sold their boat,the new owner would be required to go on the waitlist for a slip. There was a statement in the code that defined a person with respect to qualifying interest. There were few exceptions to this. There was a large loophole discovered recently in that the title didn't change if ownership was a corporation with a sale of stock ownership. Earnhart believed the city should look to close this loophole by better defining what a qualifying interest was.He emphasized the change would not be retroactive and wouldn't affect any sales that already occurred. From now on, if this ordinance was enacted,the sale would require the boat owners of a new sale to go back on the waitlist for slips. Qualifying interest would be defined to include controlling interests. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Ron Wille was pleased to hear from the attorney that this proposed change would not be City of Seward,Alaska City Council Minutes June 13, 2016 Volume 40, Page 71 retroactive to past transactions.He stated the boat harbor played a major role in Seward's economic success.He asked council to take their time to review this proposed change and to make a thoughtful decision because going forward this affected a lot of businesses and people in town. It was one sentence to put in the code, but had serious ramifications. No one else appeared to address the Council and the public hearing was closed Butts asked if this change was something that later on council could change if there were some qualifying elements to allow selling a slip with a vessel. Earnhart said as long as the city protected the tidelands and didn't lease in perpetuity, the council could carve out any exception anytime they wanted to. They could also always revise this language if needed. Earnhart cautioned the council that it could be dangerous territory to give special exceptions. It was possible to explore exceptions as commerce and business were essential to Seward,but it was also important to treat all businesses the same. Altermatt thought making this change would make it difficult to reverse the decision. She was somewhat against this idea because she wasn't sure it was fair to put this restriction on corporations. Earnhart understood Altermatt's concern, but stated that they found this to be the most consistent practice.Long stated the city was trying to further clarify their position on the sale of slips. He feared the idea of privatizing the harbor. Altermatt didn't agree with the term that they would be privatizing the harbor. She agreed they needed to do something about it, but didn't like this approach. As long as a corporation was acting in the same capacity,the slips should be transferable.She thought they could be more business friendly in the harbor. Motion Passed Yes: McClure,Keil, Butts, Bardarson No: Altermatt, Casagranda NEW BUSINESS Ordinances For Introduction Ordinance 2016-003, Amending The Zoning Map Designation Of Lots 11 And 12, Block 7, Federal Addition, From Single Family Residential (R1) To Two-Family Residential (R2) In Compliance With The Land Use Plan,Located At 700 Second Avenue. Motion (Keil/Casagranda) Introduce Ordinance 2016-003 Long referred the current zoning map and the land use map in the council's packet.He noted the density level (dwelling units per acre)would not change; and the parking requirements would remain the same. The Planning and Zoning Commission recommended enactment as did administration. McClure requested a color code on the maps at the next meeting. City of Seward,Alaska City Council Minutes June 13, 2016 Volume 40, Page 72 Butts asked if this was spot zoning. Long said it was not, and noted it was moving towards being more in line with the Land Use Plan and the Comprehensive Plan. Altermatt received a comment from an adjacent land owner who had no complaints with this proposed change. Casagranda asked if staff had considered doing any type of housing study simultaneously with the update of the Comprehensive Plan. Long felt administration would have a chance to do a better job with that type of study after hearing some feedback as the Comprehensive Plan was being updated. Motion Passed Unanimous (the ordinance was set for public hearing and enactment for the June 27, 2016 meeting) UNFINISHED BUSINESS —None NEW BUSINESS Other New Business Items Vote to appoint two candidates to the Planning and Zoning Commission with a term expiring February 2018 and a term expiring February 2019. Applicants are: Carol Griswold, Craig Ambrosiani, and David Carlton. City Clerk Johanna Kinney passed out ballots to council then collected them and read the vote count as follows: 6 votes for Craig Ambrosiani, 4 votes for David Carlton, and 2 votes for Carol Griswold.Ambrosiani was appointed to the commission with a term expiring February 2019, and Carlton was appointed to the commission with a term expiring February 2018. INFORMATIONAL ITEMS AND REPORTS —None COUNCIL COMMENTS Altermatt thanked the Planning and Zoning Commission applicants for putting their names forward for consideration. Butts expressed glee for having to make a decision tonight to appoint the citizens to the Planning and Zoning Commission. That, and the great weather they were having. Casagranda echoed the first two comments made by Altermatt and Butts. Keil thanked the Lion's Club for taking on the plants downtown and reminded they needed watering. It was a nice addition. She congratulated Ambosiani and Carlton and thanked Griswold for their applications on the Planning and Zoning Commission. City of Seward, Alaska City Council Minutes June 13, 2016 Volume 40, Page 73 McClure thanked the applicants for applying to the Planning and Zoning Commission. She recently attended a Lowell Point Community Council Bar-B-Q and heard Mac Eads speak about building Lowell Point Road. It was a fascinating story and element of Seward's unique history. The road was built in 1961 on a state grant of$48,000, and it took three months to build it. McClure encouraged the public to attend the annual Solstice Cemetery Tour hosted by herself and Lee Poleske. Bardarson encouraged the public to get out and enjoy the weather but to please be careful when making fires. She welcomed the new Museum Curator to the city. Long said it was great to see multitude of commission applicants. Hunt added Fire Department's new ladder truck would be arriving in Anchorage tomorrow. Casagranda added an update of the Seward Flag Committee. The judging committee did determine a final design but it was confidential at this point, but would soon be unveiled. CITIZEN COMMENTS Maureen Sheehan thanked Casagranda for meeting with her on the Seward Recreation Committee. They last met in 2015. Sheehan would like to stay involved with the committee as she thought it was exciting to plan a project for the youth of Seward. She thanked the city for working on repairing the streets and making them more ADA accessible. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Bardarson noted council did not reappoint the recreation committee this year, but said the committee could still to meet on their own as a citizen group to continue their efforts. ADJOURNMENT The meeting was adjourned at 8:16 p.m. J Fianna '' , MC an Bardarson ity Clerk Mayor `'.,,6b,Y1ya)6 (City Seal) ..- ,v 4ospQRgr�_wA... r : • I SEAL • s • edi •. .. .E O F•AFP "e 4 `. I....mares..1*