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HomeMy WebLinkAbout06262023 City Council Minutes City of Seward,Alaska City Council Meeting Minutes June 26, 2023 Volume 42,Page 342 CALL TO ORDER OP um. The June 26, 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 Norm Regis,Acting City Manager Stephen Sowell, Assistant City Manager Kris Peck, City Clerk Sam Severin, City Attorney (telephonically) Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING William Karner, outside city limits, said he had always enjoyed the Mount Alice Campground.The access was great for fishing and recreation.Kamer found the campground staff to be friendly and helpful. He felt the owner Tim McDonald had been a terrific host to the visitors. Russ White,outside city limits, said he was the program coordinator for Parks&Rec. He spoke in support of Resolution 2023-071 for the facility use agreement with AVTEC. Tim McDonald,inside city limits,said he was trying to comply with the city requirements for his Mount Alice Campground. He felt there was a lack of due process and that he was never given an opportunity to present his side of the story. Kat Sorensen, inside city limits, noted she was the Chamber of Commerce Director. Sorensen addressed some upcoming road closures for the 4th of July celebration. She thanked Obihiro, Japan for sending the Mt. Marathon trophies and noted they were popular amongst the racers. City of Seward,Alaska City Council Meeting Minutes June 26,2023 Volume 42,Page 343 APPROVAL OF AGENDA AND CONSENT AGENDA " 11 Motion (DeMoss/Wells) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: The introduction of Ordinance 2023-018,Approving the Land Use Amendment to Rezone a Portion of Proposed Tract 5A,Dairy Hill Subdivision Addition No. 1,from Single-Family Residential(RI) Zoning District to Resource Management (RM) Zoning District (This ordinance was introduced tonight and will come for public hearing and enactment on July 10, 2023) The introduction of Ordinance 2023-019,Amending Seward City Code; 15.10.140(b)Definitions, Pertaining to Bunkhouse,Lot,and Long-term Rental; 15.10.222 Development Requirements Table, Updating the Minimum Buildable Lot Size for single-and Two-Family Residential Zoning Districts, and Adding Table Notes for Lot Frontage;and 15.10.226 Land Uses Allowed Table,Adding Long- term Rental, and Changing the Outright Use of Dormitories in the Office Residential and Institutional Zoning District to Require Conditional Use Permits (This ordinance was introduced tonight and will come for public hearing and enactment on July 10, 2023) Resolution 2023-071, Authorizing The City Manager To Enter Into A One Year Facility Use Agreement Between The City Of Seward And The Alaska Vocational Technical Center For The Use Of The Student Services Building For Public Recreation Resolution 2023-072, Adopting Personnel Policy#2023-05: Computer Use Policy Action Memoranda 2023-007, Removing Commissioner Monaco From The Planning & Zoning Commission Action Memoranda 2023-008, Accepting the Resignation of Commissioner Staggs From The Planning&Zoning Commission Appoint Todd Mashlan to the Historic Preservation Commission with a term to expire May 2025 SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations and Awards Mayor McClure presented the Life Saving Award&Proclamation to Officer Josh Ballard City Manager Report Acting City Manager Norm Regis said they had a meeting with Senator Murkowski's staff earlier today about funding future opportunities. City of Seward,Alaska City Council Meeting Minutes June 26,2023 Volume 42,Page 344 Calhoon asked about the Central Treasury Report that was included in the council packet.He asked for a glossary to explain the funds in more detail. He inquired about which funds were restricted or unrestricted.Regis said their accounting team could provide a presentation to council to better explain the reports. City Clerk Report City Clerk Kris Peck reported he had recently completed Professional Development II training in Tacoma,Washington. City Attorney Report—None Other Reports and Announcements Presentations—None PUBLIC HEARINGS Ordinances for Enactment Ordinance 2023-016, Amending Seward City Code Chapter 5.20 Improvement Districts. This ordinance was introduced on June 12, 2023 and is coming tonight for public hearing and enactment. Motion (DeMoss/Osenga) Enact Ordinance 2023-016 Assistant City Manager Stephen Sowell said this ordinance was a follow-up to the Developer Reimbursement Program and would give council a mechanism to contribute to private property owners as well. The next step would be to figure out how to fund this program. 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. Wells thanked administration for their effort and benefit to the community. Motion Passed Unanimous Ordinance 2023-017,Amending Seward City Code Chapter 2.15—Ordinances and Resolutions. This ordinance was introduced on June 12, 2023 and is coming tonight for public hearing and enactment. Motion (Osenga/DeMoss) Enact Ordinance 2023-017 Sowell said the absolute minimum time for reintroduction would be 90 days, but administration would support a longer wait time. It was draining on both the council and public to have the same legislation reintroduced multiple times. City of Seward,Alaska City Council Meeting Minutes June 26, 2023 Volume 42,Page 345 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 asked the city attorney if other communities had something similar in their code for comparison. City Attorney Sam Severin(telephonically)responded that Soldotna also had a 90- day wait time before legislation could come back to council. Barnwell clarified that council could always bring something back sooner than 90 days if needed. Wells asked how council would be made aware of legislation being attempted to be reintroduced.Sowell responded that administration would reach out to council and request direction. Motion Passed Unanimous UNFINISHED BUSINESS Sixth Avenue Public Works Facility Location Determination- Lot Size and Zoning Community Development Director Jason Bickling provided an overview of the four plat concepts in the council packet. Osenga asked how the sale process would be conducted. Sowell responded the lots would be sold with sealed bids. Finch asked if the sealed bids could be made for locals only. Severin responded he would look onto that stipulation further. Sowell responded the purchase agreement could include a reasonable time frame to develop a home. Finch had observed some vacant lots around Seward were only used as motorhome parking during summer and wanted to protect housing for locals. Severin said restrictions could be put in place to sell the lots in the direction that council wanted. Motion (DeMoss/McClure) Choose Plat#2 for the Conversion of the Public Works Facility Site to Residential Development Motion Passed Unanimous NEW BUSINESS Resolutions Resolution 2023-073, Approving The Lawful Action To Bring Suit Against A Non-Compliant Campground At 1823 Nash Road And Appropriating Funds In An Amount Not To Exceed$10,000 Motion (DeMoss/Osenga) Approve Resolution 2023-073 City of Seward,Alaska City Council Meeting Minutes June 26,2023 Volume 42,Page 346 Severin said there had been both informal and formal efforts to bring the campground into compliance.There was a formal agreement signed by the property owner to cease operations at the campground. However,the campground continued to operate without necessary permits. Wells asked the attorney if the campground was compliant with the Kenai Peninsula Borough tax division. Severin responded the campground was not in compliance with the borough. McClure suspended the rules to allow the campground owner Tim McDonald to speakfor 5 minutes. There was no objection from council. McDonald explained the complexities of his situation and he felt that his voice had not been heard. He said he was in the process of selling his business and this was his last year in business. Barnwell asked about the city reducing the fines and attempting to work with McDonald. McDonald said there were multiple fines including one fine for$10,000 that was reduced to$1,000. McDonald said he had a large stack of paperwork on the subject, and it was hard to keep track of exact fines. Wells thanked McDonald for being present to answer questions. He brought up the signed contract from August 2022 that stated McDonald would not operate without a valid license. McDonald said he mistakenly thought his$30 payment receipt was a city business license. Wells asked administration if they felt that McDonald honored the August 2022 contract. Sowell read the contract from Page 161 in the council packet. Sowell also noted the contract terms included McDonald obtaining a Campground Park Permit from the city. Severin said he had worked back and forth with McDonald's attorney,however it had not resulted in much progress.Severin mentioned the Campground Park Permit was also required as part of the Conditional Use Permit. DeMoss said she was ready to vote and move forward on the lawsuit. Motion Passed Unanimous Council recessed at meeting 8:46 p.m. Council resumed the meeting at 8:52 p.m. Other New Business Discuss Amending SCC 2.10.030(A)(2)regarding regular City Council meeting times to reflect a 6:00 p.m.start time McClure said the Borough Assembly and Soldotna City Council start at 6:00 p.m. and she was looking for feedback if this council wanted to switch to a 6:00 p.m. start time. ti, City of Seward, Alaska City Council Meeting Minutes June 26, 2023 Volume 42, Page 347 Finch said he had received a lot of citizen feedback in favor of keeping the 7:00 p.m. start time. ordiOsenga noted any special meetings or work sessions preceding the regular meeting would be reduced to an hour between the 5:00 p.m. to 6:00 p.m. timeframe. McClure asked if special meeting topics could simply be on the regular meeting agenda instead of holding a separate meeting. McClure noted she had also received many citizen comments opposed to the 6:00 p.m. start time. Review, discuss, and select members for the Ad Hoc Committee for reviewing the current status of the Seward Electric Utility There were three letters of interest received from citizens interested in joining the committee. Motion (McClure/DeMoss) Postpone to July 10, 2023 City Council Meeting with a Deadline of Wednesday, July 5, 2023 at Noon Motion Passed Unanimous Discuss current plans for Obihiro delegation exchange and determine budget and parameters for traveling. Obihiro Planning Committee members Robert Barnwell and Kat Sorensen reviewed the dates of the exchange and the progress that had been made. Sorensen noted the Obihiro delegation would be attending the August 28, 2023 council meeting and a proclamation would be a nice way to honor them. Wells blocked out the dates of his nightly lodging so he could cover the entire duration of the stay for the Obihiro citizens. Sorensen recommended that citizens would have to pay their own airfare to Obihiro as the cost was too much for the city to cover. The Seward citizens could still participate in the delegation including homestays in Obihiro. Finch questioned how the general population of Seward residents would benefit from this exchange and felt the money would be better spent on other projects. He also noted there was no interest in visiting Seward, Nebraska. Motion The City of Seward Would Pay for the Airfare For Only The Five Members From The City And The City Would Seek Applications For Up To Six Citizens To Join The Delegation to Obihiro,Japan. City of Seward,Alaska City Council Meeting Minutes June 26, 2023 Volume 42,Page 348 Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS A. Boards and Commissions Minutes 1. Planning&Zoning Commission a. January 10, 2023 P&Z Minutes b. February 7,2023 P&Z Minutes c. April 4, 2023 P&Z Minutes 2. Port&Commerce Advisory Board a. March 8, 2023 PACAB Minutes b. March 22,2023 PACAB Special Meeting Minutes c. April 5, 2023 PACAB Minutes 3. Historic Preservation Commission a. January 12, 2023 HP Minutes CITIZEN COMMENTS Kat Sorensen, inside city limits, thanked Obihiro, Japan for sending trophies for the Mt. Marathon Race and the Silver Salmon Derby. COUNCIL AND ADMINISTRATION COMMENTS,,& RESPONSE TO CITIZEN COMMENTS Regis said he attended a memorial for Rubye Foldager Blake in Lowell Canyon and a maple tree was planted in her honor. There was also a beautiful plaque to go along with the tree. Sowell thanked the Police Department for their presence tonight during the council meeting. He thanked Officer Josh Ballard for his service with the Police Department.On another topic,there would be a R&M engineering presentation on the new Public Works Facility at the July 10, 2023 council meeting. Federal grant money could be used to extend the water and sewer utilities to the future residential lots at the current Public Works Facility. Finch thanked Officer Ballard and all of Seward Police Department for their professional work.He was glad Parks&Rec was increasing youth programs at AVTEC.He reminded everyone that freedom was not the right to do as we please,but to do what was right. Barnwell thanked Russ White for his commitment to the activities at AVTEC. He encouraged people to apply for the citizen delegation to travel to Obihiro,Japan in October. City of Seward,Alaska City Council Meeting Minutes June 26, 2023 Volume 42, Page 349 Calhoon thanked Officer Ballard and all first responders who do a great job for the community. He wished everyone a safe 4th of July. Wells thanked the city for the opportunity to go to Obihiro, Japan. He encouraged local businesses to reach out and donate activities for the Japanese visitors in Seward. Wells appreciated Officer Ballard, the Seward Police Department and all first responders. He thanked Chamber of Commerce Director Kat Sorensen for her work planning the massive 4th of July Festival. DeMoss thanked the Seward Police and Officer Josh Ballard for all their hard work. The service they provided was always professional and much appreciated. Osenga thanked all first responders and Officer Ballard for their heroism on duty.He wished everyone a safe and fun 4th of July. McClure thanked the Seward Police Department for their service. McClure encouraged everyone to see the new Alfred Lowell Statue near the waterfront.McClure reminded everyone there was a special meeting on Wednesday, June 28, 2023 at 5:00 p.m. to interview city manager applicants. ADJOURNMENT The meeting was adjourned at 9:35 p.m. ,77-2.7\y QU'ArtY\-C CL-r1 Kris Peck Sue McClure City Clerk Mayor `,, .0 r S E4.1 • ' S '• q •. (City Seal) t '•, i : ` • : JEA- i • NE1.1 4S".• :ftirEOFP '',.•