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HomeMy WebLinkAbout11142022 City Council Minutes City of Seward,Alaska City Council Meeting Minutes November 14, 2022 Volume 42,Page 158 CALL TO ORDER The November 14,2022 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Sue McClure. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure presiding and John Osenga Liz DeMoss Mike Calhoon Randy Wells Kevin Finch comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Sam Severin, City Attorney(telephonically) Excused—None Absent—None Vacant—One CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDonald,inside the city,said he was hearing a lot of chatter about the silver salmon run;he heard that the meat smelled bad and the fish spoiled quicker than normal;he suggested the effluent from the Lowell Point Sewage Lagoon was responsible.He also heard that$180 million was going to be spent on the Lowell Canyon Diversion Tunnel reconstruction project,and wondered what the city was doing to capture alternative energy with that project. He believed there could be generators set up to use the water flow to create power. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Osenga/DeMoss) Approval of Agenda and Consent Agenda McClure moved Resolution 2022-114 onto the consent agenda with no objection from council. Motion Passed Unanimous City of Seward,Alaska City Council Meeting Minutes November 14, 2022 Volume 42,Page 159 The clerk read the following approved consent agenda items: Approval of the October 19, 2022 City Council Special Meeting Minutes. Approval of the October 24, 2022 City Council Special Meeting Minutes. Approval of the October 24, 2022 City Council Regular Meeting Minutes. Approval of the October 27, 2022 City Council Special Meeting Minutes. Approval of the November 1, 2022 City Council Special Meeting Minutes. Ordinance 2022-015, Amending The Land Use Plan To Rezone Proposed Tract B, Hemlock Subdivision, From Institutional (Ins) Zoning District To Park (P) Zoning District. This ordinance was introduced tonight and will come for public hearing and enactment on November 28, 2022. Resolution 2022-111,Authorizing The City Manager To Purchase A New Toolcat UW56 From Craig Taylor Equipment Co.To Replace A 2005 Toolcat For A Total Amount$61,052.80 Plus 10% Contingency, For A Total Amount Of$67,158.08, Utilizing Sourcewell RFP Contract #040319-CEC, And Appropriating Funds. Resolution 2022-112,Approving the Optional One-Year Extension to the Operating Contract as Amended by Amendment #4 between the City of Seward and Seward City Tours, And Appropriating Funds. Resolution 2022-113,Authorizing The City Manager To Purchase From Southern States,LLC, Two Circuit Switches For The Fort Raymond Substation In A Not-To-Exceed Amount Of $264,100,As Part Of The Infrastructure Work Planned In 2023 To Replace Aging Equipment And Increase The System's Voltage Capacity And Appropriating Funds. Resolution 2022-114, Selecting Homer Electric Association As The Preferred Electric Utility To Purchase Seward Electric. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Congratulating the Seward High School Boys Swim Team for winning Regionals and for placing second at State. Recognizing Seward High School Swim Coach Solomon D'Amico for his service and dedication. City Manager Report City of Seward,Alaska City Council Meeting Minutes November 14, 2022 Volume 42,Page 160 City Manager Janette Bower asked Chief Nickell to update on the animal shelter. Police Chief Alan Nickell said the final task list was being completed now. They were checking safety concerns to protect the animals and employees; one portion of the flooring was being repaired,the Animal Control Officer's vehicle was being fitted,and the cat kennel issue was being resolved.The American Society for the Prevention of Cruelty to Animals (ASPCA) was giving the shelter a $20,000 grant to help with furnishings;there was also approximately$47,000 left in the contingency budget. McClure asked if there was an estimate on when the shelter might be ready to open because she wished to have a public celebration.Nickell couldn't provide an exact date yet,but would make sure to inform council in plenty of time to organize an event. McClure noticed some Christmas lights going up around town and wondered if all the lighting and decoration orders had been received. In response, Bower said most items had been received and were being installed as they arrived. Calhoon asked for an update on the boiler at the library. Bower said a contractor had come last weekend; some parts were being shipped up from the lower 48. There was heat in the building, but the system was not completely fixed. Bower said the library had adequate heating to remain open. City Clerk Report— None City Attorney Report City Attorney Sam Severin (telephonically) stated his firm had advised on an appeal hearing and on a notice of abatement for encroachment in a right of way. DeMoss asked for an explanation on the city's responsibility for trees. Severin said in that he had worked on a particular case in which the city bore no any responsibility. Other Reports and Announcements—None Presentations Seward Small Business Development Center (SBDC) Presentation by Kelly Ann Cavaretta. PUBLIC HEARINGS—None UNFINISHED BUSINESS—None NEW BUSINESS City of Seward,Alaska City Council Meeting Minutes November 14, 2022 Volume 42, Page 161 Action Memoranda Action Memorandum 2022-011,Adopting the Port and Commerce Advisory Board(PACAB) Priorities for the Calendar Year 2023. Motion (Osenga/DeMoss) Approve Action Memorandum 2022-011 Assistant City Manager Stephen Sowell said this was coming to council for discussion because PACAB had been having a lot of discussions about their mission and goals. Sowell said the board wished to have council's input on the direction the board should take. Sowell said the board was constrained on their meeting calendar because they took a hiatus during the summer months, which left them nine monthly meetings and work sessions instead of 12. Sowell added that he was concerned about the board's ability to address two of the priorities on their list: Item #1 was Explore and promote energy alternatives and community sustainability practices,and Item#2 was Promote quality of life for Seward residents.He believed those two topics were expansive and not actionable, although listed in city code as their mission. DeMoss concurred that it was important to have clean,actionable items on the priorities list. Motion to Amend (DeMoss/Osenga) Amend Action Memorandum 2022-011 by removing Items #1 and #2 from the list of PACAB priorities. Motion to Amend Passed Unanimous Sowell said council could also add items to PACAB's priorities list if there was something they wanted the board to work on. McClure said this document could be revised at any time if the focus shifted. Main Motion Passed Unanimous Other New Business Presentations from applicants for the city council vacancy; the applicants are Kim Kowalski- Rogers,Suzanne Towsley,and Robert Barnwell;followed by council vote on the appointment. The newly-appointed council member will take their oath and be seated at the dais. City Clerk Brenda Ballou announced that late this afternoon,she received a request from Suzanne Towsley to withdraw her application due to family health concerns,so council would have the two remaining applications to consider. Kim Kowalski-Rogers said she was born and raised in Seward. She was a former business owner in Seward,having owned the bowling alley for 15 years. She also worked for the city finance City of Seward,Alaska City Council Meeting Minutes November 14, 2022 Volume 42,Page 162 department for 32 years. She was a member of Pioneers of Alaska, and was an organizer and member of the Seward Community Band. She stated she had no agenda; she loved Seward and wanted to help in any way she could. Robert Barnwell said he had lived in Seward since 1999.He retired from teaching in 2017, after teaching for 30 years.He had also been a commercial fisherman for 15 years and ran a charter for seven years.He was currently serving on a citizens advisory board for state parks,as Seward's representative to the Cook Inlet Aquaculture Association, and helps with the Seward ski club.He applied because he had time to dedicate,was interested in Seward being a healthy community,and he,too, didn't have an agenda. The city clerk passed out Ballot#1 and instructed council to vote for no more than one name. The results of the first vote were: Kowalski-Rogers 2 Barnwell 4 Motion (Osenga/DeMoss) Appoint Robert Barnwell to fill the council vacancy with a term to expire October, 2023. Motion Passed Unanimous The city clerk administered the Oath to newly-appointed City Council Member Robert Barnwell and he took his seat at the dais. Ordinance 2022-016, Amending Seward City Code 15.10.140(13)(49) Definitions, Lodging; 15.10.226(B)Land Uses Allowed,Modifying And Including Additional Regulations Relating To Lodging, Short-Term Rentals; And 15.10.226 Land Uses Allowed Table. This ordinance was being introduced tonight and will come for public hearing and enactment on November 28, 2022. Motion (Osenga/DeMoss) Introduce Ordinance 2022-016 Bower wished to provide public education on this topic, and asked Community Development Director Jason Bickling to provide a presentation. Bickling said he had been digging into this topic for about a year now, and short term regulations was only one piece to addressing the whole housing issue. This ordinance would protect residential homes and neighborhoods. His staff fielded a lot of telephone calls from citizens outside of Seward inquiring about their opportunities to purchase properties for the purpose of running short term rental operations, and he was concerned that there should be enough year round residential housing available. Bidding had researched other communities to see how they handled their short term rental businesses, and he had also engaged the city attorney for input. The Planning & Zoning City of Seward,Alaska City Council Meeting Minutes November 14, 2022 Volume 42,Page 163 Commission had held several public work sessions before the commission approved the recommendations coming to council in this ordinance. In response to Finch,Bickling said all the work sessions held were open to the public, and the citizens who attended the work sessions were primarily business owners.Bickling said P&Z had discussed capping short term rentals,but had chosen not to take that route; this was the route the commission settled on because it would allow Seward residents to live here year round,and also to make money on short term rentals. DeMoss said she had watched the YouTube meeting recordings from the P&Z work sessions. She agreed with the ordinance as it was being presented,except for changing single family structures that were not currently operating as short term rentals in commercial zones. She said if someone had a residence in a commercial zone,they could not change it into a short term lodging business.Bickling said he understood the concern,and one possible solution would be to lift these limitations in certain areas of town. Wells understood the necessity of having this ordinance,and appreciated Bickling having an open door for questions.Wells said,regarding the minimum requirement of renting for 60 days as demonstrated by bed tax,he wondered if a business operated in 2018 for at least 60 nights,but not since,if the business would still qualify.In response,Bickling said a business operating historically during those years would be grandfathered in as a non-conforming use. Barnwell wondered how Community Development determined the city's need for short term rentals.Bickling said it was difficult to quantify;what he knew was that there were not enough hotel rooms to satisfy demand, so short term rentals were necessary. Bickling said the purpose of this ordinance was to protect residential housing needs and to contain short term rentals so they didn't get out of control.Bickling said he was striving for a balance between visitor accommodations and year round residential housing;right now the schools,prison, and businesses did not have enough staff housing. McClure stated this ordinance was being introduced tonight, and anyone who had further questions should reach out to Community Development. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS Boards and Commissions Minutes Planning&Zoning Commission minutes from the August 2, 2022 Regular Meeting. Historic Preservation Commission minutes from the May 12,2022 Regular Meeting and the May 16, 2022 Special Meeting. Other Items City of Seward,Alaska City Council Meeting Minutes November 14, 2022 Volume 42,Page 164 Planning & Zoning Commission 2°d and 3rd Quarter 2022 Activity Reports. City of Seward 3rd Quarter 2022 Financials. CITIZEN COMMENTS Kat Sorensen, inside the city, was executive director of the Chamber of Commerce. She announced that tonight kicked off Start-Up Week and there would be events held every day this week. Sorensen had noticed the holiday lights and appreciated them. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower said she would contact Barnwell and Finch for one-on-one budget discussions. Finch appreciated the swim team and said their hair hid their gills. He thanked everyone for their work on short term rentals. Barnwell appreciated everyone's support. He was excited to be a part of things. Calhoon congratulated the swim team. He knew the short term rental topic was difficult; short term rentals were necessary. He thanked Kim Kowalski-Rogers for putting in for the appointment, and welcomed Robert Barnwell. He thought there was a lot more work to be done on the budget. It was getting icy;be careful. Wells echoed the congratulations to the swim team and coach. He applauded the work that Kelly Ann Cavaretta was doing at the Small Business Development Center, and he welcomed Barnwell. DeMoss thanked everyone for the work on the short term rentals ordinance.She thought the legislative priorities brochure looked great. She congratulated the swim team and coach.Regarding Homer Electric buying Seward's electric, she reminded everyone that the question would go to the voters to decide. Osenga congratulated the swim team and coach. He welcomed Barnwell and thanked Kowalski-Rogers for applying. He appreciated the short term rental presentation. Be safe. McClure congratulated the swim team and recalled swimming in First Lake when she was in high school. She thanked Kowalski-Rogers for applying and congratulated Barnwell.She had toured the animal shelter recently and was impressed. She suggested scheduling a council retreat. She encouraged everyone to check out the holiday lights. ADJOURNMENT City of Seward,Alaska City Council Meeting Minutes November 14, 2022 Volume 42, Page 165 The meeting was adjourned at 8:38 p.m. I IL- I411FA/A/ /.Ian VL4..e- Brenda Ballou / Sue McClure City Clerk Mayor �0021....,,� .•`F SEW,q '•. (City Seale% 0 ..�n�T R0'•��S • if, M I • % ..+'• I • NE .,4s#IITE O;P;o♦♦♦