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HomeMy WebLinkAbout09122022 City Council Meeting Minutes City of Seward,Alaska City Council Meeting Minutes September 12, 2022 Volume 42,Page 106 CALL TO ORDER The September 12,2022 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Acting Police Chief Karl Schaefermeyer led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure John Osenga Liz DeMoss Ristine Casagranda Mike Calhoon D wells comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Brooks Chandler, City Attorney(telephonically) Excused—Wells Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Greg Haas,outside the city,wanted to speak about the community center;tomorrow evening he was hosting a social at Resurrection Roadhouse and all public was invited.A community center would bring significant challenges,but also great rewards. He appreciated all the work the city had done toward this endeavor. He asked for community support and advocation for this project. He believed the community center would help keep the community active throughout the winter months. Brad Snowden,inside the city,supported the city selling property across the bay to develop more housing; he supported started on the south end, and taking it one section at a time. Carol Griswold, inside the city,would appreciate if council would reconsider Ordinances 2022-010 and 2022-011. She thought resolution to rezone and replat the Forest Acres Campground and the bike park was premature. She also thought the resolution to appropriate $100,000 toward holiday decorations was exorbitant and vague. Regarding Ordinance 2022-014, Griswold believed this rezone would have a detrimental effect on the neighborhood. City of Seward,Alaska City Council Meeting Minutes September 12, 2022 Volume 42,Page 107 Tim McDonald,inside the city,said the sale of the electric utility was very important and he was concerned that the decision to sell might already have been made. He thought the utility belonged to the customers and was a cash cow for the city.He thought the customers should have the opportunity to create a co-op and run it themselves.He believed an advisory vote should be taken to Mile 25; the customers should decide what to do with the utility. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Casagranda) Approval of Agenda and Consent Agenda Terry added three proclamations that were provided as laydowns: The American Legion Day Proclamation, POW/MIA Recognition Day Proclamation, and Patriot Day Proclamation. Terry moved Resolution 2022-102 onto the consent agenda with no objection from council. Casagranda removed Resolutions 2022-097 and 2022-101 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Ordinance 2022-014, Amending The Land Use Plan And Rezoning Lots 21-23, Block 10 Of Original Townsite Of Seward Laubner Addition,With The Physical Address Of 1104& 1100 Second Ave,From Urban Residential(UR)Zoning District To Auto Commercial(AC)Zoning District. This ordinance was introduced and will come for public hearing and enactment on September 26, 2022. Resolution 2022-098,Accepting And Appropriating Community Assistance Program Funds In The Amount Of$136,622.12 For The Purpose Of Capital Projects Related To Fire, Public Safety And Road Maintenance. Resolution 2022-099, Authorizing The City Manager To Execute Change Order 4 With Coldfoot Environmental Services, Inc. For Additional Mitigation Of The Jesse Lee Home Property In An Amount Not To Exceed $211,651.92 And Appropriating Funds. Resolution 2022-100,Approving The City's Participation In The Borough-Wide Safe Streets And Roads For All Grant And Appropriating Funds In The Amount Not To Exceed$10,541. Resolution 2022-102, Accepting The City Manager's Recommendation To Approve The Harmon Construction Developer Incentive And Reimbursement Program Application With 50% Reimbursement Of The Water, Sewer,And Electrical Improvements,In An Estimated Amount Of$161,565,And Appropriating Funds. Approval of the August 22,2022 City Council Special Meeting Minutes. City of Seward,Alaska City Council Meeting Minutes September 12, 2022 Volume 42,Page 108 Approval of the August 22, 2022 City Council Regular Meeting Minutes. Action Memorandum 2022-007, Authorize the City Manager to Separate the Single Audit Portion of the FY2022 ACFR from the Financial Statement Portion of the ACFR and Issue Two Separate Reports. Action Memorandum 2022-008,Authorize the City Manager to Purchase a New Volvo L90H Wheel Loader from Construction Machinery Industrial,LLC(CMI)to Replace a 2000 Volvo L70D Loader in the Amount of$219,440 Plus 10% Contingency for a Total Amount not to Exceed $241,384 Utilizing RFP Contract#032119-VCE. Approve Guidelines for Write In Candidates for the October 4, 2022 Regular Municipal Election. Appoint Sean Ulman to the Planning& Zoning Commission with a term to expire February, 2025. Proclamations and Awards Rail Safety Week Proclamation Childhood Cancer Awareness Week Proclamation POW/MIA Recognition Day Proclamation Patriot Day Proclamation The American Legion Day Proclamation City Manager Report.City Manager Janette Bower said council would receive draft 2023 legislative priorities at the next meeting, earlier than usual so that the information could be shared with the governor for budgeting considerations. She attended the Royal Caribbean cruise line event last week in Juneau; it was well-received that representatives from Seward had attended. Assistant City Manager Stephen Sowell reported that he had attended Alaska Municipal League (AML) meetings last week. The state was waiting for infrastructure funding details; the funding would likely roll out over the next five years. He met with the Alaska Department of Environmental Conservation and discussed housing concerns and utility expansion. Terry wished to reinstate having company names listed in the city manager's report on expenditures and purchase orders. She was concerned that at the last council meeting, there was $40,000 reported spent on the fire vessel John Foster,and now another$20,000 in tonight's report. She didn't understand why vendor names could not be listed,in the interest of transparency,because everything the city did should be open to the public. City of Seward,Alaska City Council Meeting Minutes September 12, 2022 Volume 42,Page 109 City Attorney Report. City Attorney Brooks Chandler reported last month was a fairly standard month.His firm had worked on some leases,and reviewed some ordinances.In addition,he had helped draft some guidelines for write in candidates for the upcoming municipal election.There had been a campground violation which had been resolved. Other Reports and Announcements Royal Caribbean Meet&Greet in Juneau for Serenade of the Seas Travel Report by Council Member DeMoss. Council Member DeMoss reported she joined the city manager in Juneau to attend the Royal Caribbean reception and meet their new CEO. There had been discussions about post-COVID impact of the cruise ship industry,Seward's cruise dock expansion, and looking toward the future. Presentations Chamber of Commerce presentation by Executive Director Kat Sorenson. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 2022-012, Amending Seward City Code Chapter 5.01 General Provisions And Enacting Chapter 5.02 Fund Balance And Net Position. This ordinance was introduced on August 22, 2022 and is coming tonight for public hearing and enactment. Motion(McClure/Casagranda) Enact Ordinance 2022-012 Bower said this ordinance came through the Carmen Jackson team and would codify the newly-updated finance accounting practices; the result would be enhanced transparency. 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. Casagranda was pleased to see this process being codified. Motion Passed Unanimous Ordinance 2022-013, Amending Seward City Code Chapter 5.15 Investment And Collateralization Of Public Funds. This ordinance was introduced on August 22, 2022 and is coming tonight for public hearing and enactment. Motion(McClure/Casagranda) Enact Ordinance 2022-013 Bower said this ordinance also came through Carmen Jackson. It would further codify the updated practices of the finance department. City of Seward,Alaska City Council Meeting Minutes September 12, 2022 Volume 42,Page 110 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. Motion Passed Unanimous Resolutions Requiring Public Hearing Resolution 2022-095, Authorizing The City Manager To Enter Into A Lease Extension Amendment With Kenai Fjords Tours To Extend The Lease Term By Five Years. Motion (McClure/Casagranda) Approve Resolution 2022-095 Harbormaster Norm Regis said Kenai Fjords Tours (KFT) requested their last five year extension for their current lease.Following this extension,the entire lease would have to be re-done. Regis reported that KFT was compliant. 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. Terry was pleased with the upkeep and maintenance of the KFT building at the harbor. Motion Passed Unanimous Resolution 2022-096,Recommending Kenai Peninsula Borough Approval Of The Preliminary Right Of Way(ROW)Acquisition Plat For The Seward Airport Located In T 1N& 1S R 1W Sec 34,35,2&3,Seward Meridian SW,That Point Known As The Seward Airport,Physical Location,2310 Airport Road;Acquiring And Replatting Various Legals Located In Sec 34,35, 2 & 3, Seward Meridian SW. Motion (M cClu re/DeMoss) Approve Resolution 2022-096 Community Development Director Jason Bidding said this was a preliminary replat,and was the first step in the process. This item had gone through the Planning&Zoning Commission previously,and then the commission had taken the item up again,rescinding the original resolution, to remove some conditions previously approved in order for the state to receive federal funding. City Planner Courtney Bringhurst said if council approved this resolution,it would go to the borough for review, then back to the applicant, and then the final plat would go back to the borough for final approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. City of Seward,Alaska City Council Meeting Minutes September 12,2022 Volume 42,Page 111 Carol Griswold,inside the city,believed the plat included in the packet was still incorrect and still needed to be updated. She had sent an email last week to bring attention to the fiber optic cable lease which ran through proposed Parcel 5 which was not reflected on the preliminary plat. Also,the 2019 assessed land value was$104,800.Griswold said the 23.6 acre tideland parcel for the long runway right-of-way was an easement granted by the city and retained as city property; she believed the city should require the easement to revert back to the city after the long runway was abandoned. The state's plans for the airport did not serve the community. Peggy Ventura, outside the city, accessed the airport property for berry picking, and she appreciated the birds and wildlife out there. She wanted the space to be preserved. No one else appeared and the public hearing was closed. Terry asked what would happen if council failed this resolution.In response,Bringhurst said the resolution would not be provided to the borough.Osenga asked what would happen to the state's plans for fixing the airport if council failed this resolution.Bringhurst said that was a question for the state's project manager; she thought it might be possible that the DOT could come back to the city with another preliminary replat for non-city property. Casagranda said taking away tidelands had not been discussed through all the years until now; she did not support this resolution unless the public had access to the tidelands. McClure added that the DOT would not allow duck hunting, and she believed the public would only have access to the tidelands by boat and not by land. Bickling said the DOT had purchased the property formerly used for duck hunting. He believed it was unusual for the public to have access to property so close to a runway. In response to Terry,Bickling said the state needed this replat for a potential right of way in the future.Terry wondered if a future right-of-way would potentially require the DOT to pay the city for that. Bickling confirmed yes. In response to McClure,Sowell said the DOT would not allow the use of guns near a runway; previously,private property in that area was used for duck hunting. Terry said the DOT was doing a dismal job communicating with the community about the project. She said approving this resolution to replat was not reinforcement of the project as the state proposed, nor would it mean any property was being sold, or that any current leases were being negated. Motion to Postpone(Terry/McClure) Postpone Resolution 2022-096 until a representative from the Department of Transportation could be present,and hold another public hearing at that time. City of Seward,Alaska City Council Meeting Minutes September 12, 2022 Volume 42, Page 112 Terry wished to hear directly from the DOT why this replat was required. She didn't think it was fair for community development staff to have to relay the DOT's needs. Motion to Postpone Passed Unanimous Council recessed the meeting at 8:28 p.m. Council resumed the meeting at 8:35 p.m. UNFINISHED BUSINESS Items for Reconsideration Ordinance 2022-010, Amending Seward City Code Chapter 5.01 General Provisions. Motion to Reconsider (Casagranda/DeMoss) Reconsider Ordinance 2022-010 Casagranda said there were lots of citizen comments brought forward and she wanted to give them consideration. DeMoss supported brining this ordinance back because she felt that Casagranda had more to say about it. Motion to Reconsider Failed Yes: Calhoon, Casagranda, DeMoss II No: McClure, Osenga, Terry Ordinance 2022-011, Amending Seward City Code Chapter 2.10 City Council To Integrate The Rules From The City Council Rules Of Procedures And To Provide For Clarifying Amendments. Motion to Reconsider (Casagranda/DeMoss) Reconsider Ordinance 2022-011 Casagranda said there were lots of citizen comments brought forward and she wanted to give them consideration. Motion to Reconsider Failed Yes: Casagranda, DeMoss No: Osenga, McClure, Calhoon, Terry NEW BUSINESS Resolutions Resolution 2022-097, Authorizing The City Manager To Execute Task Order 2734.26 With R&M Consultants For The Rezone And Replat Of The Forest Acres Campground And Bike Park(Lot 12A,Fort Raymond Subdivision,Replat No.1 (Plat No.87-12),Physical Address 911 Hemlock Ave.) In The Amount Not To Exceed $33,985 And Appropriating Funds. Motion (McClure/Casagranda) Approve Resolution 2022-097 City of Seward,Alaska City Council Meeting Minutes September 12, 2022 Volume 42,Page 113 Bickling said this resolution was a task order for R&M Consultants to prepare a replat for the bike park and Forest Acres Campground so they would be separated into two different parcels. Motion Passed Yes: McClure, Osenga, Calhoon,DeMoss, Terry No: Casagranda Resolution 2022-101,Authorizing The Purchase Of Holiday Decorations In The Amount Of $100,000 And Appropriating Funds. Motion (McClure/Osenga) Approve Resolution 2022-101 DeMoss said she brought this resolution forward as a result of conversations she had with the city manager about ramping up winter activities. She thought the holiday decorations had dwindled in recent years. She believed this would lead to economic benefits for Seward in the wintertime because it could make Seward a destination for the holidays,foe visitors to come see the lights and visit local businesses to do holiday shopping. Calhoon preferred to see a plan in writing as to how these funds would be used and what potential benefits were expected. Motion to Postpone(Casagranda/DeMoss) Postpone Resolution 2022-101 and direct the city manager to bring back a plan that included anticipated expenses and benefits. DeMoss asked the city manager what her timeframe was for purchasing and installing the decorations, and what amount did the city manager need council to approve. Bower said she didn't know exactly what she wanted to purchase or from where, but she knew she wanted a big 8' x 30' lighted sign created by a local vendor to be installed at Port Avenue to welcome visitors. In addition, she wanted to install lights on Fourth Avenue from Jefferson to Railway,and also from Mile 0 to the SeaLife Center;white lights along the boardwalk at the lagoon; and, light post decorations and lights. Bower was modeling her ideas after Bentleyville in Duluth, Minnesota. Motion to Postpone Failed Yes: Calhoon, Casagranda No: McClure, Osenga, DeMoss,Terry Motion to Amend (Terry/Casagranda) Amend Resolution 2022-101 by striking the amount of"$100,000"and replacing it with the amount of"$45,000". Terry supported the concept,but didn't think everything had to be done in one year;it would be good to get a start on making improvements now. She suggested the city manager could reach out City of Seward,Alaska City Council Meeting Minutes September 12, 2022 Volume 42,Page 114 to the community to look for sponsors, as well, similar to how the chamber handled covering the fireworks event. Motion to Amend Passed Unanimous Terry suggested the city manager plan ahead for funding in the upcoming 2023/2024 budget preparations. Calhoon hoped the harbor area would be included in the decorations and lighting plan.Terry thought the harbor boardwalk would be nice to light up. Bower said that would be Phase 2. Main Motion Passed Unanimous Other New Business Items All Other New Business Items were approved on consent. INFORMATIONAL ITEMS AND REPORTS Letter of support for the city's Heat Loop Project to the Office of Energy and Efficiency & Renewable Energy from Mayor Terry. CITIZEN COMMENTS Peggy Ventura,outside the city,loved the idea of the city having holiday lights throughout the town. There were a lot of needs in this city for the locals, never mind for visitors. The locals needed a place to get tires changed, buy Christmas cards, and bring pets to a veterinarian; she encouraged council to focus on the needs of the locals. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower thanked council for a good meeting and for all the good questions. Casagranda appreciated the holiday light resolution. She thanked Sean Ulman for submitting an application for P&Z. She reminded everyone about the community center social tomorrow night at Resurrection Roadhouse. DeMoss said the sale of the electric utility would go to a vote of the residents of Seward,and an advisory vote for citizens outside the city. She commended Shelli McDowell at the animal shelter for allowing children and other volunteers to help at the shelter. Osenga was looking forward to seeing holiday decorations and lights. Be safe. City of Seward,Alaska City Council Meeting Minutes September 12, 2022 Volume 42,Page 115 McClure thanked Sean Ulman for stepping on to P&Z, and Shelli McDowell for being so great at the animal shelter,and Marie Gage for looking after the Woodlawn Cemetery.McClure and Lee Poleske would be conducting cemetery walks in October. Terry asked that the POW/MIA Proclamation to Senator Dan Sullivan. There would be a special meeting on September 28,2022 about the recreation center. She wanted the fee schedule to be reviewed by department heads, and potentially have a work session to discuss; she thought it deserved to have more public input. ADJOURNMENT The meeting was adjourned at 9:07 p.m. Brenda Ballow, C 'sty erry a�� City 01bF S�" ,, Mayorrk t i RPO ille#0 • ? SEALo • • : • r .,o. ,Q