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HomeMy WebLinkAbout02142022 City Council Minutes City of Seward,Alaska City Council Meeting Minutes February 14,2022 Volume 41,Page 592 CALL TO ORDER The February 14, 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 John Osenga Liz DeMoss line Casagranda Mike Calhoon Randy Wells comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Sam Severin, City Attorney Excused—Casagranda Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING PUBLIC HEARING Emberly Sowell,outside city limits,wanted to encourage council to find more solutions for housing. She thought people made Seward special, and she wanted to have enough room for everyone. Naomi Palosaceri and Mai1e Branson, outside city limits, were from Chugach Regional, speaking in support of the Alutiiq Hatchery resolution.Their mission was to focus on the health and well-being of the marine environment.The facility in Seward had grown from a staff of three to over 15; the facility was now undersized and did not meet their needs,so they really needed to expand the facility. Cindy Ecklund, inside city limits, supported several resolutions on the agenda tonight. Regarding Resolution 2022-008,Ecklund recalled last year that the Planning&Zoning Commission had recommended the Dora Way playground either be retained under its current use,or else have the playground moved to the Jesse Lee Home property and sell the Dora Way playground property. City of Seward,Alaska City Council Meeting Minutes February 14,2022 Volume 41,Page 593 Similarly,Ecklund said the Hemlock campground property was recommended to continue the use as is, or sell with a sound development plan. Lastly, Ecklund was pleased to see the contract for recycling on tonight's agenda. Carol Griswold,inside city limits,said Seward had experienced an explosion of short term rentals which was having a detrimental impact on long-term housing availability. Countless long term renters were booted out of their winter housing to make room for visitors,and seasonal workers could not find summer housing.Griswold said there was no guarantee that any property sold would result in the development of affordable housing for locals. She said there were currently 26 acres near the high school and 16 acres on Nash Road available for sale and development; the city shouldn't be competing with private property sales.Griswold said it was the city's responsibility to extend city utilities to undeveloped,privately-owned residential property and to provide incentives and assistance to developers.She said it was also the city's responsibility to rein in short term rentals to allow for more long term housing options. Joe Tougas, inside city limits, supported the Alutiiq Hatchery expansion. The Chugach Regional organization had been doing some amazing projects throughout the peninsula, and their work was important. He encouraged the city to support their request for support. Bonnie Apperson,inside city limits,lived on Dora Way,and she had the opportunity to see how much use the playground received. With the new housing being constructed in that area,that playground could potentially get a lot more use. Becky Dunn, inside city limits, spoke on behalf of a new family in town saying that they weren't finding many locations for children to play.Dunn said there would be a Health Fair in April. She did not support taking out the playground on Dora Way.She wondered if there could be a listing provided for the public to see what businesses were licensed in Seward.She cautioned people against giving money to www.change.org because the funds didn't go towards the cause. Rosie Szymanski,inside city limits,lived on Dora Way and her children and grandchildren all played at the Dora way playground. She requested that the playground stay in place until there was a new playground installed. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Osenga) Approval of Agenda and Consent Agenda Terry added Resolution 2022-019 to the consent agenda. Terry removed Resolution 2022-014 from the consent agenda. Terry removed the approval of the January 24, 2022 Regular Meeting Minutes from the consent agenda. DeMoss removed Resolution 2022-017 from the consent agenda. City of Seward,Alaska City Council Meeting Minutes February 14, 2022 Volume 41,Page 594 Motion Passed Unanimous The clerk read the following approved consent agenda items: Ordinance 2022-004, Amending Seward City Code 5.22 Developer Incentive and Reimbursement Program to Further Clarify and Define Program Processes,Amending Section 14.10.030 Water Main Extensions to Exclude the Language in Chapter 5.22, and Enacting Section 14.15.505.—Scope of Article to Exclude the Language in Chapter 5.22.This ordinance was introduced tonight and will come for public hearing and enactment on February 28, 2022. Resolution 2022-015, Authorizing The City Manager To Enter Into An Agreement With Resurrection Recycling To Provide Recycling Services For City Facilities In The Amount Of $125 Plus Tax, Per Location,Per Month. Resolution 2022-016, Authorizing The City Manager To Execute R&M Task Order No. 2734.20, Completing Required Geotechnical Investigation Of The Potential Site For A New Public Works Facility,In An Amount Not To Exceed$71,591 And Appropriating Funds. Resolution 2022-019,Repealing Resolution 2022-004,And Authorizing The City Manager To Purchase(2)2023 Ford F-150 Super Crew Cab Police Responder Trucks From Kendall Ford Of Anchorage Under The State Of Alaska Fleet Vehicle Contract,With Associated Upfitting And Fire Specific Equipment From Alaska Safety,And ProComm Alaska In The Amount Not To Exceed$138,981.92 And Appropriating Funds. Appoint Fred Woelkers to the Port & Commerce Advisory Board (PACAB) with a term to expire July,2024. Non-objection to the renewal of liquor license for Thorn's Showcase Lounge#1130—Beverage Dispensary. Non-objection to the liquor license renewal for Firebrand BBQ, License #5872 Restaurant Eating Place—Public Convenience Seasonal. Non-objection to the liquor license renewal for Gateway Liquor and Food Mart, License #2683, Package Store. Non-Objection to the Transfer of Controlling Interest and Approval of Restaurant Designation Permit for Ray's Waterfront Bar& Grill#2790 Beverage Dispensary—Seasonal. Non-objection to the liquor license renewal for Zudy's Cafe,License#5356 Restaurant Eating Place Public Convenience. SPECIAL ORDERS, PRESENTATIONS AND REPORTS City of Seward,Alaska City Council Meeting Minutes February 14, 2022 Volume 41,Page 595 Proclamations&Awards Recognizing Cindy Ecklund for her service on the Planning& Zoning Commission City Manager Report.City Manager Janette Bower reported that the city was notified that they would receive$1.8 million in American Rescue Plan Act(ARPA)funding;she would bring a resolution to council at a future date. DeMoss said,in 2019,there were some students who conducted a project about the Lowell Creek Hydro Project for a science fair. She wanted to provide the current status of that project; a feasibility study had been conducted, and a water flow study needed to be run for three years. DeMoss said she learned today that the water flow test was about half way done and would be completed in 2023. DeMoss was concerned about filling the seasonal positions;she wondered if there was a plan to address hiring concerns. In response, Bower said the gardener position was difficult to fill; she was considering outsourcing the gardening. Bower added that the rate of pay would also be considered. Terry recalled that the recent wage study the city conducted did not take address temporary seasonal positions. City Attorney Report. City Attorney Sam Severin was working on solutions to address enforcement concerns in the city's paid parking lots. Borough Assembly Report.Borough Assembly Representative Cindy Ecklund reported that the borough had a$50 million, 11-project capital improvement list,and she would be going to Juneau this week with a delegation to work on getting funding for those projects.Two of the projects that impacted Seward included Japanese Creek drainage improvements and the bridge in Questa Woods on the list. There was also a Kenai Peninsula Borough (KPB) infrastructure list which included: 12 bridge replacements,seven of which were in the Seward area;rehabilitation of borough paved roads;capital improvements for the road service area;and,communications study to consider broadband expansion.The borough was looking at special assessment districts for roads and utilities, which could potentially help with housing. There would be a KPB work session on April 5, 2022 regarding material sales. And,the Resilience&Security Advisory Commission had presented two resolutions to the assembly:the first was requesting a change to the tax code for independent power producers,such as solar farms,and the second was a request to add a new staff position in the solid waste division for a sustainability and public outreach coordinator. Lastly, Ecklund encouraged people to apply for both the city's Planning &Zoning Commission, as well as the KPB Planning Commission. Other Reports and Announcements Historic Preservation Commission Year End 2021 Report by Chair Cheryl Seese.Seese stated the commission spent the majority of the year working on the Walking Tour project to install signs around Seward which highlighted historic properties.The commissioners had volunteered over 3,000 hours toward the project. Seese encouraged everyone to consider nominating people for the City of Seward,Alaska City Council Meeting Minutes February 14, 2022 Volume 41,Page 596 annual Historic Preservation Award. She requested that council allow her to provide one quarterly report in person, and the remaining three quarterly reports throughout 2022 in writing. Presentations—None PUBLIC HEARINGS Ordinances for Public Hearing and Enactment 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 on January 24, 2022 and is coming tonight for public hearing and enactment. Motion (McClure/DeMoss) Enact Ordinance 2022-004 Bower said this ordinance was coming to clarify that the Community Development Department was designated to be staff for 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. Cindy Ecklund said she reviewed this ordinance and appreciated the changes that were being proposed. No one else appeared and the public hearing was closed. Motion Passed Unanimous UNFINISHED BUSINESS Items for Reconsideration 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. Motion (Calhoon/McClure) Reconsider Resolution 2022-008 Calhoon wished to reconsider this resolution because he received a lot of comments from the community to keep the playground intact. Motion to Reconsider Passed Unanimous Motion to Amend (Terry/McClure) Amend Resolution 2022-008 by adding a new r.. City of Seward,Alaska City Council Meeting Minutes February 14, 2022 Volume 41,Page 597 Section 3 that reads, "Sealed bid auction will be held once an alternative playground r: is developed in the neighborhood." and moving the remaining sections down. Terry said she wanted to ensure that the playground would stay intact until a new playground was created to replace this one. Motion to Amend Passed Unanimous Terry asked the city manager if this provided enough direction for administration to move forward. Bower confirmed that council's wishes were clear. Main Motion Passed Unanimous NEW BUSINESS Resolutions Resolution 2022-014,Approving The Historic Preservation Commission Priorities From February 2022 To February 2023. Motion (McClure/DeMoss) Approve Resolution 2022-014 Terry removed this from the consent agenda because she had questions relating to the wording of some of the commission's priorities and goals. She wished to get clarification from the commission before moving forward with this resolution. Motion to Postpone (Terry/McClure) Postpone Resolution 2022-014 to the first regular council meeting following the joint work session between council and the boards and commissions. Motion to Postpone Passed Unanimous Resolution 2022-017,Supporting Chugach Regional Resources Commission's Application To The Economic Development Administration American Rescue Plan Indigenous Communities Funding Opportunity For Expansion Of The Hatchery Facilities At Alutiiq Pride Marine Institute. Motion (McClure/Osenga) Approve Resolution 2022-017 DeMoss said she fully supported what this organization was doing, and was excited about their expansion. She just wondered what the impact on the city's lease would be, particularly in reference to the federal government becoming a lien holder on the building. She City of Seward,Alaska City Council Meeting Minutes February 14, 2022 Volume 41,Page 598 asked why the city wouldn't just sell the property to Alutiiq. In response,Assistant City Manager Stephen Sowell said the harbormaster had been working with the city attorney;it was difficult to pry apart the city's lease with the University of Alaska from Alutiiq's sublease for the hatchery. Sowell said discussions had included the pros and cons of selling the property, rather than amending the lease. Severin said his understanding of the resolution tonight was specifically related to supporting the expansion, not determining who would be a lien holder. Sowell said the lease amendment would come to council in the future. Wells said the document referenced placing a lien against the property;he wondered if the city or the federal government would be in first place for the lien.Wells added that he didn't understand how the lien could be put against only the expansion portion of the facility,and not the whole building. Osenga said the lease wasn't even the issue at hand; the question was whether council supported the wording in the resolution.Bower said one of the discussions she was having with the attorney was whether the lien could be against the lease rather than the property;she didn't have an answer to that question yet. Osenga asked who owned the building and the property. Bower said the city owned everything. Severin restated that his understanding was that this resolution was simply to support Chugach's effort to obtain grant funding for the expansion. DeMoss didn't see any language in the resolution itself that would commit the city to approving a lien, so she was comfortable supporting this resolution in its current form. Council recessed at 8:15 p.m. Council resumed at 8:19 p.m. Bower said the language in the resolution stated this was only demonstrating support of Chugach pursuing grant funding, and any other action would have to come back to council, including any change that might be made to the lease. Motion Passed Unanimous Resolution 2022-018,Urging The Alaska Department Of Labor Commissioner To Ensure The Seward AVTEC Student Services Center Is Reopened To Public Access. Motion (McClure/DeMoss) Approve Resolution 2022-018 Terry appreciated the comprehensive resolution and agenda statement. City of Seward,Alaska City Council Meeting Minutes February 14, 2022 Volume 41,Page 599 Bower said the city received a proposed amendment to the current agreement which would be reviewed. She said much of the equipment that city staff used at AVTEC had been removed, and would have to be put back in place. Bower said that, although the city could re- open today with current staff,it would have to be at reduced hours because some staff had been redeployed in different areas. Terry said AVTEC had been a great partner to Seward,and she commended the Parks& Recreation Department for doing a good job finding alternate locations for activities during this time. Motion Passed Unanimous Resolution 2022-020,Authorizing The City Manager To Execute Task Order#2734.182 With R&M Engineering For The Development Of A Plan To Expand City Water And Sewer Infrastructure For The Purpose Of Developing The Hemlock Subdivision In The Amount Not To Exceed $9,553 And Appropriating Funds. Motion (McClure/Osenga) Approve Resolution 2022-020 Sowell read an excerpt from a study the city had conducted which underlined the problem of the housing shortage in Seward: "Several major employers in Seward were asked what major problems they anticipated in the next few years. Invariably,housing for employees was high on their list.Many industries in Seward today cannot find proper housing for their new employees,and as Seward heads towards rapid growth,this situation will continue to worsen." Sowell stated this was written in 1974, and 48 years later, the city was in an even worse situation. Sowell said the Hemlock subdivision was a step in the right direction towards fixing the housing problem. He recently heard a presentation at Rotary which indicated the city was approximately 175 homes short of market equilibrium. Sowell said creating 40 lots for new homes would help,but wouldn't be the only solution to solving the problem.In addition,the city was working on: 1)identifying vacant lots with access to city utilities that could potentially be developed for residential purposes; 2) developing a master plan for extending access to water, sewer, electric, and roads to private properties to encourage residential development; 3) effectively use the developer reimbursement program;and,4)determining where the city could sell property. For the Hemlock subdivision, Sowell said the city's intention was to zone these lots R1 so they would be single family homes; the intention would be to develop three and four bedroom, two bath, 1,500 square foot homes on 6,000 square foot lots. Sowell said this resolution was bought to council so that the public was made aware that the city was trying to solve the housing shortage problem. Motion Passed Unanimous City of Seward,Alaska City Council Meeting Minutes February 14, 2022 Volume 41,Page 600 Resolution 2022-021, Authorizing The City Manager To Execute Task Order No. 2734.181 With R&M Consultants For The Rezone And Replat Of The Proposed Hemlock Subdivision (Physical Address:911 Hemlock Ave.;Legal Description:T In R lw Sec 34 Seward Meridian SW 0870012 Fort Raymond Sub Replat No 1 Lot 12a)In An Amount Not To Exceed$56,907 And Appropriating Funds. Motion (McClure/Wells) Approve Resolution 2022-021 Community Development Director Jason Bickling said this task order would accomplish separating the bike park property away from the other half of the property, which was the portion of the parcel being replotted. Terry reiterated that the bike park would not be eliminated,removed,or impacted by this resolution. Bickling confirmed the bike park would not be affected. In response to Terry,Bickling said the replat,as well as the geotechnical survey,would both come back to council for consideration. Motion Passed Unanimous . i Resolution 2022-022,Authorizing The City Manager To Purchase A Used Steamer Truck And Accessories In The Amount Of S95,238.71 And Appropriating Funds. Motion (McClure/Osenga) Approve Resolution 2022-022 Public Works Director Doug Schoessler said the city's steamer truck was broken down; it was used in the wintertime to clear culverts and frozen drain holes. He had been looking for a replacement steamer truck for a couple of years, and found this used truck. Wells asked if there would be any liability for the city to purchase a used vehicle. Schoessler said there wasn't a warranty on this steamer truck,and the Public Works Department would be responsible for providing maintenance. In response to Wells, Schoessler said the mileage on the truck was low,but that typical because while the truck was being used,it usually had to be parked and running. In response to Wells, Schoessler said the city received three quotes for shipping. Motion Passed Unanimous Resolution 2022-023, Providing For The Authorization,Sale,Issuance And Delivery Of City Of Seward, Alaska, Electric Revenue Bond In The Aggregate Principal Amount Of Not To Exceed Nineteen Million Five Hundred Thousand Dollars ($19,500,000)To Finance Certain Electric Facility Improvements Of The City; Fixing Certain Details Of Said Bond; And Providing For Related Matters. City of Seward,Alaska City Council Meeting Minutes February 14, 2022 Volume 41,Page 601 Motion (McCluire/DeMoss) Approve Resolution 2022-023 Bower said the city had engaged the bond counsel and the bond bank for guidance on the best approach to this bond. She was cognizant of the importance of ensuring the revenue would be sufficient to cover the bond payments; should the revenue not be sufficient enough to make the bond payments, the transfers to the general fund would be reduced in order to make the payments. Bower said the bond amount had been increased from$18 million to$19.5 million.The base bond amount was $18 million, and the additional $1.5 million was the required reserve amount to be held by a third party. Motion to Amend (Calhoon/Terry) Amend Resolution 2022-023 by striking the Not to Exceed amount of"$19,500,000" and replacing it with "$10,000,000"; by requiring the city to fund the Reserve Subaccount with available cash rather than funding it with bond proceeds; by requiring the city to fund the Capitalized Interest Subaccount with available cash rather than funding it with bond proceeds; and,this bond will cover Phase 1, Phase 2, and the purchase of all the materials and transformers for Phase 3. Terry stated the city clerk was provided with that amendment language, and asked the city manager to work with the clerk on updating the resolution. In response, Bower said she would provide the amendment language to the bond counsel and have them update the resolution, because they were the ones who originally drafted the resolution. Calhoon said he made this amendment because he noticed that the labor total for Phase 1 and Phase 2 in the proposal was approximately$1.9 million;however,the contract for labor in the next resolution coming up on the agenda was almost $3 million, so there appeared to be a funding shortage of about $1 million. He was concerned that bonding for the full amount now was no guarantee that those funds would cover the entire project;they may find they run out of money before completing the project.Calhoon explained that he didn't wish to stop this project, but wanted to break this project into increments so that it could move forward efficiently,and so rates could be reviewed and adjusted accordingly as the project progressed. Electric Utility Director Rob Montgomery said his priority was to fix the infrastructure that was in the direst need, which was Nash Road and the Seward Highway. As long as the transformers could be ordered now, that should work because the lead time on ordering them was so long, they wouldn't arrive until late 2023. City of Seward,Alaska City Council Meeting Minutes February 14, 2022 Volume 41, Page 602 Bower believed the bond needed to go in its entirety at some point, and was concerned about labor cost uncertainties. She thought this was a good compromise for now, but stressed the entire project needed to be completed. In response to Osenga, Bower said Seward's bond was being combined with other municipalities' bonds, so we were getting a good rate. Bower added that, if the bond amount were lowered, it would not have an impact on the rate. Motion to Amend Passed Unanimous Terry appreciated that administration was addressing critical infrastructure. Main Motion Passed Unanimous Resolution 2022-024, Authorizing the City Manager to Enter into a Contract with Sturgeon Electric Company in an Amount not Exceed $2,997,093.46 to Complete Critical Electric Transmission Infrastructure Work Along Nash Road and a Half Mile Section Dieckgraeff Road to Fort Raymond Substation and Appropriating Funds. Motion (McClure/DeMoss) Approve Resolution 2022-024 Montgomery said discussions had been going on with council for the past year about the importance of repairing infrastructure along Nash Road, as well as upgrading the transmission lines. The Nash Road pole replacement project would essentially require a complete rebuild. The half mile section of the Seward Highway between Dieckgraeff Road and the Fort Raymond substation was in similar condition. Looking ahead,these repairs and upgrades would be able to support future growth and development. Montgomery said Sturgeon came in with the lowest and most comprehensive bid for this project. Motion Passed Unanimous Other New Business Items Approval of the January 24, 2022 City Council Regular Meeting Minutes. Motion (Terry/McClure) Approve the Substitute version of the January 24, 2022 Regular Meeting Minutes. Terry stated she had requested that her declaration of a conflict of interest be reported in the minutes verbatim. Motion Passed Unanimous City of Seward,Alaska City Council Meeting Minutes February 14, 2022 Volume 41,Page 603 Schedule a joint work session with the Planning&Zoning Commission,the Port& Commerce Advisory Board, and the Historic Preservation Commission. Council scheduled a joint work session with the Historic Preservation Commission, the Port & Commerce Advisory Board, and the Planning&Zoning Commission on March 28, 2022. Determine the Tabulation Team for the city manager's evaluation on February 28, 2022. The tabulation team for the city manager's evaluation would be Osenga, Wells, and Terry. Discuss providing a letter of support for the stater ide bond proposal. Terry stated the governor put forward a bond package proposal.Providing a letter of support was for the purpose of having the voters of Alaska to vote. Motion (Terry/McClure) Provide a letter of support for Alaska State Legislature approval of the FY2023 General Obligation Transportation and Infrastructure Bond, allowing the Bond to come before the Citizens' of Alaska as a Ballot Measure. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS November, 2021 Providence financials. State of Alaska Division of Elections educational flyers:Non-Partisan Top Four(for the Primary Election in August) and Ranked Choice Voting Counting Guide (for the General Election in November). CITIZEN COMMENTS—None COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower thanked council for supporting the electric bond. Wells wished everyone a Happy Valentine's Day. He appreciated everyone answering his questions. Calhoon thanked administration and the city clerk for their help and support.He thanked the Public Works Department for their hard work and the Electric Department for their work.Thanked council for their support. Happy Valentine's Day. City of Seward,Alaska City Council Meeting Minutes February 14,2022 Volume 41,Page 604 Osenga thanked administration and council; things seemed to be going well. Happy Valentine's Day and be safe. DeMoss thanked administration for their work on housing;citizens should keep speaking up and reaching out on their wishes for their community. She believed there should be some consideration given to restricting certain areas of housing or zones. She congratulated and thanked Ecklund for her service. McClure gave a shout out to the police and fire departments for hosting field trips for the Sprouts preschool groups. She congratulated Ecklund, and reiterated that Seward needed a representative on the KPB planning commission. She gave a shout out to the citizens of Seward for helping shovel driveways. Happy Valentine's Day. Terry wondered if the COVID reports could be reported weekly rather than daily.She would be attending the winter AML conference this week,and would have the opportunity to attend some harbor meetings while in Juneau, as well. She appreciated Calhoon taking proactive measures to improve the bond resolution. Happy Valentine's Day. EXECUTIVE SESSION Go into executive session to evaluate the city clerk. Motion (Terry/) Go into executive session to evaluate the city Clerk following a five minute recess. The city clerk was invited to stay. Motion Passed Unanimous Consent Council recessed the meeting at 9:15 p.m. Council resumed the meeting at 9:20 p.m. Council went into executive session at 9:20 p.m. Council came out of executive session at 10:00 p.m. Council directed the city clerk to bring back a resolution to amend the employment agreement reflecting a 3%increase. ADJOURNMENT The meeting was adjourned at 10:01 p.m. City of Seward,Alaska ' City Council Meeting Minutes February 14, 2022 ume 41, Pa•e 605 rends Ballo MC C risty Te City Clerk Mayor (City Seal) •.s pF SEk •, Very �'ON is • s SEAL • = • . —.— a • •. a • �ry . • ♦ •, �' • ,,ti•,,e OF A :.%* .ANrn...