HomeMy WebLinkAbout02142022 City Council LAYDOWN - Sub Minutes Jan 24City of Seward, Alaska
January 24, 2022
CALL TO ORDER
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City Council Meeting Minutes
Volume 41, Paee
The January 24, 2022 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Christy Terry.
OPENING CEREMONY
Police Chief Alan Nickell led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Christy Terry presiding and
Sue McClure
Liz DeMoss
Mike Calhoon
comprising a quorum of the Council; and
Janette Bower, City Manager
Brenda Ballou, City Clerk
Excused —Wells, Casagranda
Absent — None
John Osenga
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Keith Campbell was concerned about a rumor that he heard that the city was going to send
back hundreds of thousands of dollars intended for energy conservation. If this was true, he
encouraged the city to keep the money. Campbell said the library was poised to use a heat exchanger
system using sea water like they had at the Alaska SeaLife Center. He implored council to keep the
funds and get the library building set up in the way they were designed to be used when it was built.
Brad Snowden wanted to revisit the conversation about having a cruise ship dock and
visitors center at the south end of Fourth Avenue, connected to the Alaska SeaLife Center. He
believed this would bring business to Seward in the wintertime and round out the community.
Joe Tougas supported the library getting a heat pump installed. Some of the advantages were
a reduction in heating fuel, an increase in efficient heating, and an opportunity to include heated
sidewalks during the installation.
Casie Warner thanked administration for obtaining the three-month extension on the heat
loop project. She requested that council revisit the project, and perhaps update the cost estimates to
get fresh numbers.
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January 24, 2022 VoLme 41, Page
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (McClure/Osenga) Approval of Agenda and Consent Agenda
Motion Passed
Unanimous
The clerk read the following approved consent agenda items:
Ordinance 2022-004, Amending Seward City Code Chapter 2.30 Boards And Commissions,
Article 2 Seward Planning And Zoning Commission By Enacting Section 2.30.217 Staff
Assistance To Commission And Providing For Housekeeping Amendments. This ordinance was
introduced tonight and it,ill come for public hearing and enactment on February 14, 2022.
Resolution 2022-009, Adopting The Port And Commerce Advisory Board (PACAB) Priorities
From February 2022 To February 2023.
Resolution 2022-010, Approving Amendment #3 To The Operating Contract Between The City
Of Seward And Seward City Tours.
Resolution 2022-011, Authorizing Signatures For All City Bank Accounts And Rescinding All
Previous Resolutions In Conflict Herewith.
Resolution 2022-012, Authorizing Payment To The Seward Senior Center In The Amount Of
$80,000.
Approval of the January 10, 2021 City Council Regular Meeting Minutes.
Non -objection to the renewal of liquor license #3909 Package Store for the Seward
Marketplace.
Appoint Victoria Monaco to the Planning & Zoning Commission with a term to expire
February, 2023.
Approval of the continuation of the Port & Commerce Advisory Board (PACAB).
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards — None
City Manager Report. City Manager Janette Bower reported that no funds had been
returned by the city for the heat loop project, and no funds had been received; the extensions were
granted three months at a time. She was still hopeful that funding would become available through
the infrastructure bill.
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DeMoss wished to address for the public why the January Planning & Zoning Commission
(P&Z) meeting had been cancelled due to a Iack of quorum, and why the upcoming P&Z meeting
was cancelled because there was no business pending. In response, Community Development
Director Jason Bickling said he wished to use the P&Z Commission as efficiently as possible, and
because there was no immediate business pending before the commission, next week's meeting was
cancelled. Bickling added that a special meeting would be scheduled, whenever necessary. DeMoss
appreciated the ability and awareness that Bickling had in relation to scheduling a meeting if there
was an urgent matter for the commission.
DeMoss asked for an update on the feasibility study for a recreation center. Bower said the
draft Request for Proposal (RIP) was under legal review and would be released imminently.
Terry wanted to call attention to the public works report in the packet; if anyone wished to
report concerns about the roads, they were encouraged to call (907) 224-4058 during the day, or
(907) 224-4022 after hours.
Borough Assembly Report. Representative Cindy Ecklund was coming to the city council
meeting from another meeting, and had not yet arrived. Terry said the report could be provided when
Ecklund arrived; there was no objection from council.
Other Reports and Announcements
Chamber of Commerce Report. Executive Director Kat Sorenson said the 2022 Visitor
Guides were held up in shipping, but were due to arrive very soon. The Hometown Guide was in
the early stages of development; feedback and input on what to contain was welcome. The dates
for the 2022 Silver Salmon Derby would be August 13-21, 2022. The Fourth of July Festival and
Mount Marathon Race planning was underway; vendors were already reaching out. The chamber
had received lots of visitors who wanted to see the heat pump in their building; they were tracking
their energy costs to see its impact. On Thursday, there would be a coffee and chat event at the
chamber. Small Business Development Center (SBDC) director KeIlyAnn Cavaretta was already
working with several businesses: There would be a weekend event organized for Valentine's Day
which included a healthy and friendly speed dating event. Looking ahead at 2022 marketing,
Sorenson reported that the research indicated visitors booked their trip to Seward approximately
100 days in advance.
Travel report on legislative meetings in Juneau by Mayor Terry and Council Member
DeMoss.
Bower said the week kicked off by celebrating the announcement that Seward would
receive $185 million for the Lowell Creek Diversion Tunnel project. One recurring theme was the
housing shortage in Seward; this conversation, in turn, provided the opportunity to speak about the
city's intention to move municipal -owned land into private hands for development, as well as the
city's need for expanding and upgrading utilities. Concerns about budget shortfalls for operating
the jail were discussed, and emphasis was given that having the city subsidize jail operations at
$500,000 per year was not acceptable for the citizens of Seward. Bower said she had been asked on
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January 24, 2022 Volume 41, Page
two occasions why Seward did not have a ferry; she expressed interest in discussing this
possibility. Bower stated the Department of Law indicated they had no intention of closing the
Seward courthouse.
Terry commended the work that Police Chief Alan Nickell had done to gather communities
to discuss the budget shortfalls in multiple communities across the state because it lay the
groundwork for those conversations in Juneau; the city's lobbyist was provided the list and would
be working with legislators to encourage the state to meet their fiscal responsibility for all those
communities. Other items that were discussed included the natural gas pipeline project and the
airport.
DeMoss said the legislative priorities brochure was very well received. They were warmly
welcomed by all the legislators who were happy to meet in person again.
Presentations
Happy Youth Programs & Educational Resources (HYPER) presentation by Casie
Warner
PUBLIC HEARINGS
Ordinances for Public Hearing and Enactment
Ordinance 2022-001, amending Portions Of Seward City Code 15.10.140 Definitions, Related
To: Apartment, Boarding House, Dwelling, Duplex, Unit, Hostel, Hosted Lodging Unit,
Housing Unit, Insurance Company, Licenses, Listing, Listing Site, Lodging, Motel, Multistory
Unit, Owner, Short -Term Rental, Short -Term Rental Transaction, Sleeping Unit, Townhouse,
Transient, And Whole House Nightly, And Enacting Language In 15.10.226 K Pertaining To
Short -Term Rentals. This ordinance was introduced on January 10, 2022 and is coming tonightfor
public hearing and enactment.
Motion (McClure/DeMoss) Enact Ordinance 2022-001
Bickling said he didn't think this ordinance was perfect, but was a step in the right direction.
This would be an improvement; and he would continue to work on making improvements with the
Planning & Zoning Commission.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened. No one appeared and the public hearing was closed.
Calhoon said he knew the Planning & Zoning Commission (P&Z) had worked on this for an
extended period of time, but thought this ordinance needed more refinement before it was enacted.
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January 24, 2022 City Council Meeting Minutes
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McClure concurred; she had watched nearly all pf the P&Z meetings and work sessions, but
when she read this ordinance she was confused; she thought it should be written in a way to make it
easily understandable for citizens.
Terry said, if council felt this ordinance needed more work, she suggested council fail this
ordinance and ask P&Z to tackle it again with a clean slate. Terry had watched a number of the P&Z
meetings and appreciated all their work; perhaps looking at what other communities have done
would be of benefit.
Motion Failed Unanimous
Ordinance 2022-002, Amending Portions Of Seward City Code 15.10.140 Definitions, To
Amend The Definition For Light Manufacturing; And To Amend 15.10.226 Land Uses
Allowed Table: Allowing Light Manufacturing In A Central Business District With A
Conditional Use Permit. This ordinance was introduced on January 10, 2022 and is corning tonight
for public hearing and enactment.
Motion (McClure/Osenga) Enact Ordinance 2022-002
Bower said council had directed P&Z to review this definition specifically, and this was the
result of that work.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened. IVo one appeared and the public hearing was closed.
Osenga wondered if the Conditional Use Permit (CUP) process would handle addressing
potential safety issues, fire code concerns, or city code violations. He also asked if the intent of a
CUP was to conduct the process one time and then assume the business was adhering to it in
perpetuity.
In response, Bickling said P&Z wished to accomplish several things: they wanted to
acknowledge that light manufacturing had been going on in the Central Business District (CBD) for a
very long time, and it had been working well; they did not wish to impede or prohibit new businesses
from opening; they did of want a new light manufacturing business to interfere with or devalue
existing businesses in the area in the way of undue sounds, smells, etc.; and, they felt that using the
CUP process for an existing business changing hands or a new business being started would insure
that safety, fire, and code concerns were being addressed.
DeMoss stated that certain businesses, like bars or marijuana businesses, that were also
required to have life safety inspections as a matter of procedure.
Motion Passed Unanimous
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Ordinance 2022-003, Amending Portions Of Seward City Code 15.10.226 Land Uses Allowed,
J Employee Campgrounds. This ordinance was introduced on January 10, 2022 and is coming
tonight for public hearing and enactment.
Motion (McClure/DeMoss) Enact Ordinance 2022-002
Bower said this ordinance came from the fish processors in town having the need for
employee housing; employee campgrounds were allowed in city code, and this ordinance would
allow converted shipping containers to be used for employee.housing.
Council recessed at 7:56 p.m.
Council resumed at 8.06 p.m.
Bower confirmed that this ordinance was independent from the others brought tonight.
Notice ofthe public hearing beingposted and published as required by law was noted and thepublic
hearing was opened. No one appeared and the public hearing was closed.
Terry highlighted that this ordinance would extend the allowable number of days from 150 to
180 days per calendar year, which she thought was appropriate for the fishing industry. She asked if
there had been any discussion about expanding the start and end dates from April 15 and September
30. In response, Bickling said ISO days matched up with the fire code, and that it was flexible for a
business to apply for an extension to those dates if they needed more time.
Terry said having employee housing in converted shipping containers appeared to provide
more safety and sanitation than using tents.
Bower pointed out that the containers would not be required to be moved; it would be better
if the containers stayed in place. Osenga asked if this ordinance pertained to one particular employer
or if it applied to any business needing_ employee housing. Bower said this would apply to any
business with the need for an employee campground.
Motion Passed Unanimous
UNFINISHED BUSINESS
Items Postponed from Previous Agenda
Resolution 2022-008, Authorizing the Sale of Real Property located at 1911 Dora Way, also
known as the Dora Way Playground by Sealed Bid as Provided by Seward City Code. This
resolution was postponed from January 10, 2022.
Bower said this resolution originated in response to the city trying to find properties that
could be sold to allow for new housing development. Bower said this would be just the first step in
the process of putting this parcel up for sale.
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Terry wondered if there was a timeline from the Alaska Department of Environmental
Conservation (ADEC) for moving forward with the Jesse Lee Home project. Bickling said the
excavation of the Jesse Lee Home property had uncovered that there were additional building
structures buried underneath the home that was recently torn down. ADEC sent the city a work plan,
and that had been furnished to the contractor with the request to provide the city with an updated
estimate on completing the work; hopefully when the ground thawed, the work could continue.
Osenga wondered how the timing of the sale of the Dora Way property would potentially
mesh with the work continuing at the Jesse Lee Home site. Bower said the sale of the property all in
all would take approximately three months to complete.
Motion to Amend (Terry/Calhoon) Amend Resolution 2022-008 by adding a new
Section 3 that reads, "Sealed bid auction
will be held once an alternate playground is
developed in the neighborhood."
Terry said many people had spoken out about the need to develop housing in Seward, and she
thought this property would be good for a single family home. However, she also heard the concerns
about the children in the area needing a playground.
McClure had received lots of calls over the past year or so wondering when this property
would come up for sale. More recently, she had calls saying this wasn't the right time to sell this
property.
DeMoss understood that this playground was being used, but also that many people were
asking what the city was doing about the housing shortage. DeMoss wondered if there was a small
portion of the Jesse Lee Home property that could be set aside for a temporary playground while the
rest of the property was sorted out.
Motion to Amend Failed
Motion to Amend (Terry/McClure)
Yes: Calhoon, Terry
No: McClure, DeMoss, Osenga
Amend Resolution 2022-008 by adding a new
Section 3 that reads, "No play equipment
will be removed, except for safety reasons
or replacement, until after council approval
of sale."
Terry said she didn't want the playground equipment removed, especially without knowing if
more delays were on the horizon.
Motion to Amend Passed
Unanimous
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January 24, 2022 Volume 41, Page
Calhoon asked if it would be possible to find out if any portion of the Jesse Lee Home site
would be available to develop into a playground in the interim. In response, Bower stated it had been
explained to her that no portion of the Jesse Lee Home property was available for any development
until the cleanup was completed; following the cleanup, the property, or portions of it, may be
deemed suitable for development.
Main Motion Passed Unanimous
NEW BUSINESS
Resolutions
Resolution 2022-013, Supporting The Alaska Railroad Corporation's Efforts To Secure
Funding For The Seward Passenger Dock Project.
Mayor Terry passed the gavel to Vice Mayor McClure and declared the following potential
conflict of interest: (Verbatim) "I'm going to go ahead and declare a conflict of interest per
Seward City Code 2.10.035 (c). I do work for the Alaska Railroad as the Port Manager, and
since it was decided on December 3, 2021 that the Railroad will be the key developer for the
dock and the cruise ship terminal project, I believe that it is unavoidable for the public to
perceive that I have a conflict of interest so I want to declare that conflict." Vice Mayor
McClure ruled that a conflict did exist, there was no objection from council, and Mayor Terry
removed herself from the dais.
Motion (Calhoon/Osenga) Approve Resolution 2022-013
Bower said this resolution expressed the city's support for the railroad to complete this
project and obtain funding.
Calhoon wished to confirm that this resolution did not obligate the city to expend any funds,
and Bower concurred
Motion Passed Unanimous
Mayor Terry returned to the dais.
INFORMATIONAL ITEMS AND REPORTS — None
CITIZEN COMMENTS — None
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Bower thanked council for being so active and engaged in problem -solving the housing
shortage in Seward.
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January 24, 2022 volume 41, Pa e
Osenga thought this had been a great meeting; he thanked council and administration for
answering his questions. Be safe.
Calhoon appreciated all the work being done. He suggested that perhaps reinstituting Rl
zoning may alleviate some of the housing issues. The weather had been tough; be careful.
DeMoss thanked administration for taking the housing concerns seriously, and for being
responsive. She said it was so important that citizens reached out to council because that input
formed many votes. She appreciated Victoria Monaco for applying for P&Z.
McClure appreciated the fullness of this agenda. She knew that not all decisions would make
everyone happy, and she saw both sides. She congratulated on the Polar Bear Jump Festival and
Parade, and thanked the police department for their involvement in that event. If anyone in town
knew how the lagoon originally developed, she asked they contact her so she could learn more.
Terry thanked P&Z commission for their work, and appreciated seeing the PACAB priorities
tonight. She thanked administration for searching for funding for the heat loop project. Terry thanked
all the city departments for working hard for the community. Terry asked council for a volunteer to
join her as the tabulation team for the city clerk's evaluation; McClure volunteered.
ADJOURNMENT
The meeting was adjourned at 8:35 p,m
Brenda Ballou, MMC
City Clerk
(City Seal)
Christy Terry
Mayor