HomeMy WebLinkAbout04102023 City Council Minutes City of Seward,Alaska City Council Meeting Minutes
April 10, 2023 Volume 42,Page 279
CALL TO ORDER
The April 10,2023 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 Robert Barnwell
comprising a quorum of the Council; and
Janette Bower, City Manager
Brenda Ballou, City Clerk
Kris Peck, Deputy City Clerk
Sam Severin, City Attorney (Telephonically)
Excused—None
Absent—None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Leslie Jacoby,outside the city,supported the increase of Base Student Allocations(BSA)for
public schools.Jacoby advocated for the high school pool,in particular,and represented the Tsunami
Swim Club.Jacoby's daughter was a recent Seward High School graduate and Olympic swimming
champion.The closure of the pool would hurt the Seward's youth,seniors,and all other community
members. There was a large variety of pool users within community which ranged from physical
therapy to kayak guide practice.For children,Alaskan drowning rates were among the highest in the
nation and the pool was essential for swimming lessons. Jacoby urged council to please help the
school district keep the pool.
Mark Fraad,inside the city,was the Physical Education teacher at the Seward High School.
Fraad had never seen the school funding in such dire straits as it was now. It was difficult to attract
teachers with the current lack of benefits. The BSA was the lowest it had been in 20 years when
adjusted for inflation. Fraad urged for substantial increase to the BSA.
Mica Van Buskirk, inside the city limits, said the lack of increase to the BSA since 2017
had led to drastic cuts in teachers and programs. These budget cuts had eliminated the art program,
City of Seward,Alaska City Council Meeting Minutes
April 10, 2023 Volume 42,Page 280
the music program, and more teacher positions were being eliminated. Without an increase to the
BSA,Seward's only pool would be closed indefinitely.Van Buskirk supported the Resolution 2023-
043 to help retain teachers and programs.Additionally,she requested the Student Resource Officer
position be reinstated in the school.
Heather Bardarson,outside the city,recalled that during her time at Seward High School,
she had more resources than what were available today. She was disappointed to see the lack of
opportunities available to her own children.Bardarson's children had excelled on the Tsunami Swim
Club and closing the pool would be a huge blow to the community.The current lack of art and music
classes was also very discouraging.
Rissie Casagranda,inside city limits,spoke in support of Resolution 2023-043.It was really
tough to lose arts and music programs. Casagranda's son was in the Tsunami Swim Club and it
would be devastating to lose the pool.
Cindy Ecklund,inside city limits,encouraged everyone to support Resolution 2023-043 and
contact state senators and ask for the increase to the BSA.Ecklund would working with the borough
assembly to keep major things in the budget that were so important to the community. As a strong
supporter of the arts,it was sad to learn Seward was on the verge of losing the theatre as well. In a
community surrounded by water, the pool was essential for learning how to swim. The most
important thing to the Kenai Peninsula Borough should be the safety of citizens.
Benjamin Pister,outside city limits,wanted to find ways to keep the pool funded and open
for the community. Teaching kids to swim was essential for a community by the water. The pool
also provided much needed indoor exercise opportunities.
Tara Swanson,outside city limits,was in support of Resolution 2023-043. She agreed with
all the previous citizen comments. She wanted to add the importance of the role of a school in this
small community. There was just the one school system here with no backup. It was important to
fund the school because it was part of the community's infrastructure and part of the system. The
support of the school would promote economic diversity and stability in Seward.
Henry Burns,outside city limits,said public schools were in dire need.As principal of the
Seward High School, Burns was looking at budget cuts across the board. The worst part about his
job was to notify teachers they might lose their job due to budget cuts. Burns asked council to
support the teachers and the community.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (DeMoss/Wells) Approval of Agenda and Consent Agenda
Calhoon removed Resolution 2023-041 from the consent agenda.
McClure requested that Resolution 2023-040 be moved on the agenda and taken up as the first
public hearing item. There was no objection from council.
City of Seward,Alaska City Council Meeting Minutes
April 10, 2023 Volume 42,Page 281
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2023-042, Authorizing The City Manager To Execute R&M Engineering Task
Order No.2734.33,Providing For Recurring Basic Engineering Services,And Appropriating
Funds.
Resolution 2023-043,Requesting The State Of Alaska Legislators Make A Meaningful Increase
To The Base Student Allocation (BSA) For Public Schools.
Resolution 2023-044,Approving The Acceptance Of The 2023 Volunteer Fire Assistance Grant
(VFA) In The Amount Of$4,229.32 And Authorizing And Appropriating A 10% Match Of
Funds In The Amount Of$469.93.
Approval of the Appointment of Election Board for the Special Municipal Election on May 2,
2023.
Approval of the Appointment of the Canvass Board for the Special Municipal Election on May
2, 2023.
Proclamations and Awards
Proclamation for Public Safety Telecommunications (Dispatchers) Week April 9-15,
2023.
City Manager Report.
City Manager Janette Bower said the Campspot online reservation system for the City of
Seward Campgrounds experienced major technical difficulties upon going live in early April.Two
Campspot representatives would be traveling to Seward tomorrow to resolve the issues.There were
almost 1,200 bookings on opening day that experienced technical issues.As of now,around 300 of
those bookings had been resolved. Bower thanked the Parks & Recreation Department for their
dedication and perseverance.
On another topic, Bower read a statement in regard to the proposed electric sale. The city
received two proposals and they were very close.The Seward City Council heard directly from both
Chugach Election Association(CEA)and Homer Electric Association(HEA)before arriving at their
decision to select HEA. Council felt HEA was better suited for the Seward community. While the
council was aware that HEA rates were higher than CEA,that price gap would close in the future.
HEA provided additional information on a variety of topics such as their investments over the past
decade, customer focused technology and cyber security. On a related note, the city was trying to
prepare for the loss of the electric department's annual contribution of 2.1 million dollars to the
general fund. In response to this concern, the city wanted to establish a trust fund as described in
Ordinance 2023-007.Ultimately,the decision to sell the electric utility was in the hands of the voters
on the May 2,2023 Special Election.Bower noted her statement would be provided to the city clerk
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April 10,2023 Volume 42,Page 282
as a laydown to be made available to the public. The original proposals from CEA and HEA were
public records and could be provided upon request.
City Clerk Report.
City Clerk Brenda Ballou said on Monday, April 17, 2023, Absentee In Person voting
would be commence in the clerk's office for the City of Seward Special Election. Only residents of
the city would be eligible to vote in this election.There was a prohibition about campaigning within
200 feet of the polls and that applied during Absentee In Person voting.During the city clerk's hours
of operation Monday-Friday 8:00 a.m. to 5:00 p.m. there would be no campaigning or discussion
about the pros or cons of the electric utility sale.
Calhoon asked how a citizen would go about signing up for the election board or canvass
board.Ballou said she was always happy to have volunteers and any registered voter could express
interest to the clerk's office at any time.
City Attorney Report.
City Attorney Sam Severin(telephonically)said council would soon receive amendments in
regard to Title 3. It was a big re-write project that was wrapping up soon. Severin noted he enjoyed
the work on short term rental issues and enforcement.
Other Reports and Announcements—None
Presentations
Presentation from Jen Chauvet on Invasive Chokecherry Tree Removal.
Council recessed the meeting at 7:56 p.m.
Council resumed the meeting at 8:01 p.m.
PUBLIC HEARINGS
Resolutions Requiring Public Hearing
Resolution 2023-040,Approving A Conditional Consent To Terminate Lease Between The City
Of Seward And Juris Mindenbergs For Lease Of Lot 3B, Block 1, Marina Subdivision And
Approving A Lease Between The City Of Seward And ZPA,LLC Of Lot 3B,Block 1,Marina
Subdivision [Breeze Inn].
Motion 0 Approve Resolution 2023-040
No member of council made the motion to put this resolution on the floor, therefore it died and is
failed.
City of Seward,Alaska City Council Meeting Minutes
April 10, 2023 Volume 42,Page 283
Ordinances for Enactment
Ordinance 2023-007, Adopting Seward City Code Chapter 5.60 To Establish A Trust Fund
From The Sale Of Seward Electric Services. This ordinance was introduced on March 28, 2023
and is coming tonight for public hearing and enactment.
Motion (Osenga/DeMoss) Enact Ordinance 2023-007
Bower said this ordinance was based on Resolution 2022-087 and would establish a trust
fund for proceeds from the electric utility sale, should the voters approve the sale.
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 wanted some reassurance from someone with financial expertise that this trust fund
was solid.He asked if other communities such as Cordova or Skagway had already done something
similar that could be used as a model. Bower responded this ordinance was written by the city's
attorney firm.
Severin said Anchorage and Unalaska had such a trust fund.This trust fund was designed to
be user friendly and drew from the collective wisdom from other cities who had done something
similar.
Bower explained the council would later select the investment group who would manage the
funds. This ordinance would set the framework for the investment firm to keep the funds separate
from the city accounts.
Calhoon asked if there would still be time down the road to discuss the financial details if this
ordinance was enacted tonight. Bower confirmed there would still be time to work through all the
details with the investment firm.
Motion Passed Unanimous
Ordinance 2023-008,Repealing And Re-Enacting Seward City Code Title 7—Public Property
For The City Of Seward Recodification Project. This ordinance was introduced on March 28,
2023 and is coming tonight for public hearing and enactment.
Motion (DeMoss/Osenga) Enact Ordinance 2023-008
Ballou said the majority of the updates of this title were coming from the city attorney as part
of the recodification process. There was language that needed to be updated or clarified. The
majority of the updates resulted from the attorney review process and the city departments heads
contributed some good input as well.
City of Seward,Alaska City Council Meeting Minutes
April 10, 2023 Volume 42,Page 284
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 wanted to clarify the burial site reservations being controlled by the city manager's
office as opposed to the clerk's office.Ballou clarified the clerk's office manages burial permits,but
the burial site reservations were done under the city manager through the Community Development
Department.
Motion Passed Unanimous
Ordinance 2023-009,Amending Seward City Code 15.25 Floodplain Management,Adopting
Recommended Language And Regulations From The Federal Emergency Management
Agency (FEMA). This ordinance was introduced on March 28, 2023 and is coming tonight for
public hearing and enactment.
Motion (Osenga/Wells) Enact Ordinance 2023-009
Community Development Director Jason Bickling said FEMA had updated their language
in regard to floodplains.FEMA provided a model ordinance and the city staff modified it to fit city
code.
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.
McClure asked if the Seward Bear Creek Flood Service Area Board (SBCFSAB) was in
agreement with this ordinance. Bickling responded that the Planning & Zoning Commission had
gone through the ordinance line by line with the SBCFSAB and it was a well put together ordinance.
Calhoon noted that he had watched that excellent joint work session with P&Z and
SBCFSAB, and he felt very comfortable voting for the enactment of this ordinance tonight.
Motion Passed Unanimous
UNFINISHED BUSINESS
Items for Reconsideration
Ordinance 2023-006,Amending Seward City Code Title 2,Article 2—Seward Planning And
Zoning Commission. This ordinance had a public hearing and was enacted on March 28, 2023.A
request for reconsideration was filed by Council Member Calhoon on March 29, 2023.
Motion (Calhoon/DeMoss) Reconsider Ordinance 2023-006
Calhoon said he received some comments from community members with concerns about
this ordinance. He felt there was clarification needed on a some of the items.
City of Seward,Alaska City Council Meeting Minutes
April 10,2023 Volume 42,Page 285
McClure said quite a few citizens had raised some discussion points and she felt the
ordinance was worthy of reconsideration.
Motion to Reconsider Passed Unanimous
Calhoon wanted to address the one-year residency requirement that would have been
expanded to include Bear Creek and Lowell Point. Calhoon felt P&Z commissioners should live
within city limits for a year prior to serving on the commission.
Motion to Amend (Calhoon/McClure) Amend Ordinance 2023-006 by striking
Section 2.30.210 (A) after the word
"Composition" and replacing it with,
"There is created the Seward Planning and
Zoning Commission consisting of seven
citizens appointed by the council,that shall
have resided in the city continuously for a
period of not less than one year
immediately prior to the date of
application."
Motion to Amend Passed Unanimous
111 Main Motion Passed Unanimous
NEW BUSINESS
Other New Business
Resolution 2023-041,Authorizing The City Manager To Execute Task Order No.2734.32 With
R&M Consultants For The Surveying And Staking Of The Jesse Lee Home Property In The
Amount Not To Exceed $18,977 And Appropriating Funds.
Motion (Osenga/DeMoss) Approve Resolution 2023-041
Bickling explained there had been some development around the southern boundary of the
Jesse Lee Home Property it was important to know exactly where the property line was located.
Calhoon said he wanted more clarification and understanding of this project.He asked if the
property had ever been surveyed in the past and Bower responded the property had never been
surveyed. Calhoon felt the price seemed high and wondered if the project could instead go out for
Request for Proposals(RFP). Calhoon noted said he had six cemeteries surveyed for the American
Legion for a far less dollar amount.
McClure asked for clarification on what staking meant. Bidding responded the stakes would
all be in a line and make it easy to see the property line.
City of Seward,Alaska City Council Meeting Minutes
April 10, 2023 Volume 42,Page 286
Wells noted he had never seen such a high price for such a project.
DeMoss felt the price was quite a bit higher than what she would expect for the project and
wondered if there were any time constraints if the city chose to solicit RFPs.Ballou noted that bids
or quotes could be more time efficient than an RFP. Bower confirmed the dollar amount would be
appropriate for bids rather than an RFP.
Motion Failed Unanimous
Motion (DeMoss/McClure) Direct the City Manager to put out an
invitation to bid for the surveying and
staking of the Jesse Lee Home Property.
Motion Passed Unanimous
City Council Discussion and Direction Concerning Appointment of Interim City Manager.
McClure explained that council could either appoint an acting city manager or hire an interim
city manager.
Human Resources Director Tammy Nickell said she had received two applications for
interim city manager, and they were included in the council packet.
DeMoss said housing was an issue for an interim city manager. She was more interested in
exploring options for an acting city manager from within the city ranks.
Motion(Calhoon/McClure) Appoint Harbormaster Norm Regis as
Acting City Manager.
Calhoon knew Regis had experience as acting city manager and he was knowledgeable in
this field. Housing would not be an issue for Regis and the salary would be more affordable.
Barnwell was concerned about the harbormaster going into acting status right before the busy
summer season. Regis noted this would be a good time for the deputy harbor master to gain
experience. The upcoming summer harbor projects were relatively easier in scope than previous
years.
Motion Passed Unanimous
INFORMATIONAL ITEMS AND REPORTS
Other Items
City Clerk's Memo Regarding Unanticipated Expense for the May 2, 2023 Special Election
for Ballot Programming.
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April 10, 2023 Volume 42,Page 287
Ballou said there was an extra charge for programming the ballot machinery.Following the
May 2,2023 Special Election,the Kenai Peninsula Borough was going to amend their Memorandum
of Agreement and it would come to council for approval.
CITIZEN COMMENTS
Cindy Ecklund, inside city limits, thanked council for appointing Regis as acting city
manager.She also noted the Kenai Peninsula Borough was buying new ballot machines and perhaps
that contributed to the rising cost. Ecklund gave a shout out to Michele Turner who was extremely
busy as the Acting Borough Clerk. Ecklund thanked Calhoon for removing Resolution 2023-041
from consent agenda and agreed the cost was too high. Ecklund also thanked Calhoon for his
amendment to Ordinance 2023-006 and agreed the P&Z applicants should reside inside Seward city
limits for at least one year prior to application.
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Bower thanked Regis for stepping up as acting city manager.Bower noted that she would be
in Washington DC next week along with Harbormaster Norm Regis and Vice Mayor Osenga to meet
with legislators and federal agencies.
Barnwell was excited to have Regis onboard as acting city manager. Barnwell thanked
council for passing Resolution 2023-043 which increased funding for the schools.He recalled how
difficult it was in 1999 to even find a teaching job in Seward. At that point in time, the Seward
schools were filled with art programs,music programs,and a full-time librarian. Since then,it had
been an annual struggle to obtain funding for schools. It was a demoralizing process for teachers to
fight this year after year.
Finch said he followed the philosophy that putting more money into schools would result in
less money put into prisons.
Wells thanked Regis for stepping up as acting city manager. He thanked council for
supporting the BSA increase.
Calhoon thanked Regis for taking on the acting city manager position. Calhoon also
congratulated Deputy City Clerk Kris Peck for being selected as the next city clerk.Calhoon thanked
everyone in the community who paid attention to city council meetings and provided input. The
citizen feedback helped council see issues through different viewpoints.Calhoon thanked the council
for being open minded and willing to look at all perspectives.
DeMoss said she appreciated Regis for stepping up as acting city manager.DeMoss thanked
Seward City Tours for doing a top-notch job with their shuttle service.
Osenga thanked Regis for stepping into the role of acting city manager. Osenga was very
supportive of the schools and the increase to the BSA was very important.
City of Seward,Alaska City Council Meeting Minutes
April 10, 2023 Volume 42,Page 288
McClure noted she was a product of Seward schools since kindergarten. As a former
member of the Kenai Peninsula Borough Assembly,McClure was familiar with the annual struggle
for funding.On another topic,McClure congratulated Peck on becoming the new city clerk in May.
McClure also congratulated Regis on being appointed as acting city manager.She thanked everyone
who attended the meeting tonight.McClure felt this was the best council ever and she was proud of
how thoroughly they worked through each issue.
Osenga also wanted to mention the townhall meetings with Homer Electric Association
(HEA) would be held at the Gateway Hotel on Wednesday, April 12, 2023 and April 19, 2023 at
5:30 p.m.
Calhoon elaborated that the HEA meetings would feature a variety of different stations so a
person could walk in the door and get a specific question answered in a timely manner. This would
be a great opportunity for people to get accurate information on difficult questions.
McClure noted she would be at the HEA meeting both nights for the full duration. She
wanted to clarify that the dinner advertised on the flyer would include hot dogs and snacks.
EXECUTIVE SESSION
No executive session was held.
ADJOURNMENT
The meeting was adjourned at 9:20 p.m.
Kris Peck Sue McClure
Deputy City Clerk Mayor
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