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HomeMy WebLinkAbout08282023 City Council Minutes City of Seward,Alaska City Council Meeting Minutes August 28,2023 Volume 42,Page 381 CALL TO ORDER The August 28, 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 Jelin-Osenga— t z DeMoss #Blue-f oon 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 Jodi Kurtz, Deputy City Clerk Excused—Calhoon, DeMoss, Osenga Absent—None Vacant—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Karen Cooper McLaughlin, inside city limits, said she worked for the Chamber of Commerce. McLaughlin thanked the harbor staff and all the volunteers for their help with the Silver Salmon Derby. McLaughlin summarized results from the Salmon Derby. Kevin Dunham, outside city limits, made a correction about comments at a previous meeting and clarified that Homer Electric owned the battery in Soldotna. Chugach Electric and Matanuska Electric were building a battery in central Anchorage. On another topic, he was surprised that rape kits were not available in Seward. He hoped the kits could be made available locally. Tim McDonald, inside city limits, said he wished the city had fully backed alternative energy 20 years ago. Seward had a lot of potential for renewable energy. He understood the city was no longer interested in running the utilities. McDonald hoped an energy co-op could be started by those who pay into the Seward utilities. City of Seward,Alaska City Council Meeting Minutes August 28, 2023 Volume 42,Page 382 Cuno Hanson, outside city limits, said the city electric utility had been in the best shape that it's ever been. He spoke in opposition to the ballot measures of selling the electric utility and lowering the Charter from a three-fifths vote to a majority vote. Mica Van Buskirk,inside city limits,requested the community recreation center be added to the list of legislative priorities for 2024. She noted it was on PACAB's list of priorities,but not listed on the administration's top picks.On another topic,she supported the Alaska Long Trail and wanted a trail that connected to the Iditarod trail. Bruce Jaffa,outside city limits,welcomed the delegation from Obihiro,Japan. He said the PACAB Heat Loop Ad Hoc Committee had qualified for a grant for Phase 1. In regard to Action Memorandum 2023-013,he noted PACAB had included the community recreation center on their list of recommendations,but it was not included on administration's final list of priorities. Hank West, outside city limits, welcomed the delegation from Obihiro, Japan. He hoped all the citizen applications would be chosen to go. Becky Dunn, inside city limits, said rape kits were not available in Seward and it was difficult to travel to Kenai in order to obtain one. She hoped there could be a meeting to figure out a solution. She noted several other Alaska communities had rape kits readily available whereas Seward did not. Mary Beth Koster, inside city limits, welcomed the delegation from Japan. She said her children had participated in the exchange and it was a great experience. She hoped to be able to go to Obihiro with the Seward delegation. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Wells/Finch) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the August 14, 2023 City Council Regular Meeting Minutes Introduction of Ordinance 2023-020: Amending Seward City Code Title 12—Building And Construction As Part Of The City's Recodification Project Resolution 2023-101: Authorizing The City Manager To Approve The Emergency Repair Of The Fire Department Water Main Line In The Amount Of$39,400 And Appropriating Funds SPECIAL ORDERS, PRESENTATIONS,AND REPORTS Proclamations and Awards City of Seward,Alaska City Council Meeting Minutes August 28,2023 Volume 42,Page 383 Mayor McClure read a Proclamation for the Delegation from Obihiro,Japan. The Obihiro Delegation presented a Kanji Scroll to the Mayor. Selection of Five Seward Citizens to Join Delegation to Travel to Obihiro,Japan Obihiro city representatives indicated it would be okay to send 10 citizens and they would work to find home-stays to accommodate everyone in Obihiro. Motion (McClure/Wells) Approve all 10 Citizen Applicants to Join the Delegation to Travel to Obihiro,Japan Motion Passed Unanimous City Manager Report Acting City Manager Norm Regis said he would be having a meeting with Kenai Aviation about offering commercials flights from Seward to Kenai and Seward to Anchorage. Police Chief Alan Nickell addressed the situation in Seward concerning the rape kits. There were two types of rape kits: a suspect kit and a victim kit. The victim kit required a specifically trained nurse. Seward had not been able to retain the certified nurses. Acting Utility General Manager Rob Montgomery provided a brief update on the infrastructure project. There had been 12.9 million dollars committed through resolutions and purchase orders. In 2024,the city was expecting to spend another 1.5 million to complete the work on Lawing Substation near Moose Pass. That would put the budget around 14.5 million which included all of Nash Road and would finish the Fort Raymond and Lawing Substations. He introduced project manager Bryan Thrall to give an update. Electric Department Project Manager Bryan Thrall said the projects were being completed on schedule and the upgrades should last a very long time. Thrall provided detailed updates of the work being done. Wells had a series of questions for Thrall. City Clerk Report—None City Attorney Report—None Other Reports and Announcements —None Presentations—None Council went on recess at 7:55 p.m. Council resumed the meeting at 8:00 p.m. City of Seward,Alaska City Council Meeting Minutes August 28, 2023 Volume 42,Page 384 PUBLIC HEARINGS Ordinances for Enactment—None Resolutions Requiring Public Hearing Resolution 2023-096: Authorizing The City Manager To Enter Into A Consent Assignment To Breeze Inn, LLC, To The Lease Agreement L04-096 With Juris Mindenbergs, For Lot 3B, Block 1, Marina Subdivision,City of Seward, Kenai Peninsula Borough Plat 2005-8, Seward Recording District, Third Judicial District, State Of Alaska. To amend Article 3 And Extend The Term Of The Lease For 18 Years And To Add Two Five Year Options To Extend Motion (Wells/Barnwell) Approve Resolution 2023-096 Regis summarized the lease and recommended approval. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Colby Lawrence,outside city limits,said he was involved in this new venture.The Breeze Inn had a great history in Seward. Lawrence had no plans to change the operation. He wanted to see the Breeze Inn be utilized by both tourists and locals alike. Lawrence noted they were going to keep the Breeze Inn open year-round. Callie Bacon, inside city limits, said she was a broker at Seward Properties and was speaking on behalf of Juris Mindenbergs. She spoke in support of approving the lease. There had been multiple offers, but the only offer that met the Mindenbergs needs was from the current buyers. Hank West, outside city limits, said he was a current employee of the Breeze Inn and supported the approval of this lease agreement. Tim Scheurer,outside city limits, supported the approval of this lease agreement. Tim McDonald, inside city limits, said the Breeze Inn was an icon of Seward and he supported the approval of this lease agreement. Nicole Lawrence,outside city limits,was the applicant and spoke of the terms of the lease. She appreciated the opportunity to provide year-round employment and continue the legacy that Juris Mindenbergs had built. No one else appeared and the public hearing was closed. Wells supported the approval of the lease. He asked if an LLC could take on new members without council approval. Regis clarified that if any changes were made it would be brought back before council. City of Seward,Alaska City Council Meeting Minutes August 28,2023 Volume 42,Page 385 Wells made a general comment that the city should include a caveat that leases would not be transferred to any individual that had been convicted of a violent crime. Regis said the terms of this particular lease had already been agreed upon, but he would take that into consideration for future leases. Barnwell noted that it was a relief there were no code violations with these buyers. He said the Breeze Inn staff was all excited about the lease agreement. McClure said this lease transfer was a very positive thing for Seward. Finch said he supported the lease transfer. Motion Passed Unanimous Resolution 2023-097: Approving Lease Amendment No. 1 With The United States Of America Acting By and Through The Secretary Of The Army Motion (Finch/Barnwell) Approve Resolution 2023-097 Regis said the intention was to add a gym and allow rooms upstairs and neither of these items were included in the original lease. 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 Resolution 2023-098: Approving the Terms of the Real Property Exchange Agreement between the City of Seward and the U.S. Coast Guard for the Sale of 1.576 Acres of Lot 2A-1 Block 9 Fourth of July Subdivision, Seward Marine Industrial Center, Kenai Peninsula Borough, Coastal Lot Replat,Seward Recording District,Third Judicial District, State of Alaska and a Replacement Lease Agreement Between the City of Seward and the United States Coast Guard for Property at 1507 X Float Road and authorizing the City Manager to Sign all Documents Required to Complete the Agreement Motion (Wells/Finch) Approve Resolution 2023-098 Regis said the U.S. Coast Guard would buy the land outright across the bay at SMIC. The building on this side of the bay would belong to the City of Seward. The land, however, was separate and the money would come from two different government agencies. The land lease was paid by one and the building lease was paid by another. 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 August 28,2023 Volume 42,Page 386 Bruce Jaffa, outside city limits, said this was a long time coming and he thanked Regis for bringing the U.S. Coast Guard to Seward. He noted that selling land rather than leasing it was unique. Jaffa supported the approval of Resolution 2023-098. No one else appeared and the public hearing was closed. Finch liked the idea of the USCG purchasing the land instead of leasing it. Motion Passed Unanimous UNFINISHED BUSINESS Resolutions Requiring Public Hearing Resolution 2022-096: Recommending Kenai Peninsula Borough Approval of the Preliminary Right of Way (ROW) Acquisition Plat for the Seward Airport Located in T 1 N & 1 S 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 (This resolution previously had public hearings and was postponed on September 12, 2022, October 24, 2022, and January 23, 2023) Motion (Already on the floor) Approve Resolution 2022-096 Regis said this was a preliminary replat and this was just the very beginning of the process. It was not final a land sale. Community Development Director Jason Bickling said that Planning & Zoning had approved this preliminary replat. There had been stipulations, such a hydrant, utilities and a pathway,that been added and removed as this replat had gone though various stages. Council suspended the rules at 8:32 p.m. to allow Joy Vaughn from Department of Transportation to speak for the Seward Airport Project. Department of Transportation Project Manager Joy Vaughn said she was here to answer previous questions from October 2022. She addressed the question if the project would be able move forward without the tidelands parcel.She said the tidelands parcel was needed for the runway protection zone and southern aircraft approach to avoid ship obstructions. The Federal Aviation Administration (FAA) wanted the airport to own the tidelands for this project. Vaughn said the State of Alaska wanted to maintain the airport and needed FAA funding of 96% Without FAA assistance they could not fix the existing runways. Barnwell asked about the possibility of the wetlands being filled in.Vaughn said there was nothing planned to be built in the wetlands. Barnwell asked if the long runway could be saved from the flooding of the Resurrection River. Vaughn said she did not think that would be possible. City of Seward,Alaska City Council Meeting Minutes August 28,2023 Volume 42,Page 387 Barnwell asked if FAA limited the size of Seward runway.Vaughn responded that the FAA would downsize the runway if not for Kenai Aviation expressing interest in the runway. Barnwell asked about fencing around the airport. Vaughn said the current plan was to have fencing to the north side and west side. Vaughn said FAA did not allow legal public access to the beach. Council went back on the rules at 8:43 p.m. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Shauna Potocky, inside city limits, wanted to the resolution to be postponed until there was a full city council and the new city manager was in place. For the past several months,Potocky had wanted to give a presentation to city council with ideas for the airport. She asked the council to consider her 10-minute presentation at a future date. In addition, she wanted to thank city staff Shannon Thorn, Kris Peck and Jason Bickling for their professionalism and service to the community. Bruce Jaffa, outside city limits, said he was a former member of the Seward Airport Ad Hoc Committee, and they had been opposed to DOT's action at the airport. Jaffa was excited to hear of other possible options for the airport. During his travels to Japan, Jaffa had seen similar wild rivers that had been corralled.Jaffa urged council not to forget how DOT had taken advantage of Seward. The passing of this resolution must not be construed as support of DOT tactics. Tim McDonald, inside city limits, said bigger jets would negatively impact the quality of life here. He thought another access road from Port Avenue to the Iditarod Trail would be a good idea. For quality of life, residents need public access to the beaches. He agreed that the Resurrection River could be contained along the long runway. The wetlands area was a big stopover for migratory birds in the spring and fall. Carol Griswold, inside city limits, said the parcels had not been updated to reflect current standards. Parcel 5 included a significant fiber optic cable lease. The lease map showed the cable went right through Parcel 5. She questioned if the city would be willing to sell this property and lose that lease income. The relocation of the runway would destroy the wetlands and habitat for the Arctic Terns and salmon. The overall plan was an environmental disaster. The increased air traffic would decrease the quality of life for residents. As noted in numerous public hearings,DOT had refused to work with other agencies. The preliminary plat was still not ready for approval. Becky Dunn, inside city limits, echoed the previous comments and urged council not to approve this resolution. No one else appeared and the public hearing was closed. Wells asked administration to address the citizen comments. Bickling said the Parcel 5 fiber optic cable issue would be something that would need to be resolved in the future. City of Seward,Alaska City Council Meeting Minutes August 28,2023 Volume 42,Page 388 McClure asked what the commitment would be if this resolution was passed tonight. Regis said it was a preliminary replat and it would be the first step to opening discussions. McClure noted a yes vote would send it to the Kenai Peninsula Brough Planning Commission. Eventually it would come back to council. Wells said he appreciated all the citizen comments. He knew citizens wanted to be part of the discussion and approving this preliminary replat would allow that discussion. Motion Passed Unanimous NEW BUSINESS Action Memorandum 2023-013: Approving the City of Seward 2024 Legislative Priorities and Congressionally Designated Spending List Sowell said administration was looking for council's list of legislative priorities as well as 3-5 items for the CDS.Sowell wanted council to add or subtract items to this Action Memorandum. Sowell noted PACAB included the community recreation center on their list. Administration put together a list independently that did not include the recreation center. McClure asked if they could postpone this item for a full council to provide input. Sowell said finalizing the list by 9/11 would be fine. McClure said having at least five council members would be ideal to discuss this item. Motion (McClure/Wells) Postpone Action Memorandum 2023-013 to the September 11,2023 Council Meeting Motion Passed Unanimous OTHER NEW BUSINESS—None INFORMATIONAL ITEMS AND REPORTS HYPER Financials Seward Electric Utility Ad Hoc Committee Minutes from August 7, 2023 CITIZEN COMMENTS Tim McDonald, inside city limits, said real energy security came from making energy within Seward. He encouraged everyone to look to the future of energy. Bruce Jaffa,outside city limits,pledged his support of the incoming city manager:In that regard, he was very upbeat on the future. He recalled his experience working with nuclear power. There was an interesting potential with nuclear energy, but he didn't think it was a city council issue. City of Seward,Alaska City Council Meeting Minutes August 28,2023 Volume 42,Page 389 Kat Sorensen, inside city limits, thanked the Obihiro delegation for visiting. She thanked the Clerk's Office and Chamber of Commerce for their help organizing. Sorensen reminded everyone the deadline for registering to vote was coming up in September 3, 2023. Becky Dunn,inside city limits,wanted to know what was needed to get the equipment and certified nurses to do the rape kits in Seward. She hoped for collaboration with local organizations, clinics and law enforcement. She wanted a real discussion to take place to find a solution. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Regis said tomorrow would be a city infrastructure tour for the Obihiro delegation. He congratulated the Seward citizens going to Obihiro, Japan. Barnwell noted this was Sowell's last council meeting and thanked him for his service. He thanked Electric Department for their presentation. He thanked the Clerk's Office and Chamber of Commerce for their work on the Obihiro exchange. He was really excited for the Seward delegation of 15 people who would be traveling to Obihiro. Wells said Sowell would be greatly missed and wished him well in his future endeavors. Wells noted Homer Electric Association was a co-op and Wells was in favor of co-ops. He agreed the government sector needed to get out of the way of the private sector. Wells wanted the city to sell the utility to an entity where Seward had a voice. Chugach did not reveal that the seats on the board would cost millions of dollars. HEA would offer Seward a seat on the board without any outside money being spent to push corporate ambitions. Finch echoed previous comments. He thanked Sowell for his service. He congratulated the Breeze Inn staff on the lease transfer. Wells said he took the Obihiro delegation out to the shooting range and was amazed by their enthusiasm. McClure said Sowell would be missed as the Assistant City Manager. McClure said she had fun visiting with the delegation from Obihiro. She wanted to point out that citizens can make presentations at a council meeting and there were two 10-minute slots available at each meeting. On a sad note,McClure announced that her dear friend Lee Poleske had passed away.There would be a celebration life on Thursday, September 14 at 7:00 p.m. at the Seward Community Library& Museum. ADJOURNMENT The meeting was adjourned at 9:37 p.m. re- tt Of Kris eck •` '� +''""''`�q'Q,,'• Sue McClure City Clerk G•ro Fps; • Mayor • (City Seal) ® SEAL'L ��'•J::,OFsP•�`•