HomeMy WebLinkAbout01272020 City Council Minutes City of Seward,Alaska City Council Minutes
January 27, 2020 Volume 41,Page 85
CALL TO ORDER
The January 27,2020 regular meeting of the Seward City Council was called to order at 7:00
p.m.by Mayor Christy Terry.
OPENING CEREMONY
Police Chief Tom Clemons led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Christy Terry presiding and
Sue McClure S l Seese
John Osenga Kelley-ham
Dale Butts Tony Baclaan
comprising a quorum of the Council; and
Scott Meszaros,City Manager
Brenda Ballou, City Clerk
Holly Wells, City Attorney
Excused—Seese, Lane
Absent—None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Lara Loomis was a lifelong member of the community,was a board member of the Seward
Pride Alliance(SPA),and supported the rainbow crosswalk. She grew up in Seward,but it had taken
her 29 years to come out because she hadn't felt safe until recently. Loomis said no one owned the
rainbow,but for the queer community it was a symbol of safety and acceptance.
Juliana Kim was a founding member of the Seward Pride Alliance. She was out and proud.
In the 11 years she had lived in Seward, she knew that Seward could be a difficult place for a
member of the LGBTQ+ community; she had been the victim of bullying and harassment herself.
Kim observed something about crosswalks:they were designed to protect people,respect their right
of way,and allow them passage unharmed. She supported the rainbow crosswalk because it would
symbolize safety for all citizens throughout the community.
Casie Warner supported the rainbow crosswalk.She grew up in Seward and had always felt
accepted and included in the community.She had always felt safe in Seward,and that was one of the
reasons she had chosen to raise her children here.
City of Seward,Alaska City Council Minutes
January 27,2020 Volume 41,Page 86
Rhonda Hubbard opposed the rainbow crosswalk, and thought there were other, higher
priority issues that needed to be addressed like high electric rates and a housing shortage.There were
many other things that could be done to help people feel tolerated and accepted. Hubbard was
concerned with the drug issues and crime rates in town,and high rates of sexual abuse throughout the
state;she believed the community needed to get its priorities in order.Hubbard congratulated the city
on partnering with the Boys&Girls Club.
Lori Landstrom thanked the city,on behalf of Sustainable Seward,for covering the expense
of having the downtown recycling container emptied;the city manager and harbormaster had worked
with Council Member Baclaan to have the city pick up the tab. On a different note, Landstrom
supported the rainbow crosswalk,and by a show of hands,there were 41 people who also supported
the initiative.
Tamara Filipovic thanked the city for supporting the recycling in downtown Seward. She
supported the crosswalk,and knew first-hand what it was like to be discriminated against,because of
her nationality.Filipovic was happy to see the city's leaders stand up for demonstrating acceptance in
a safe and welcoming way.
Brenan Hornseth thanked the city for supporting the recycling container,and he supported
the inclusion crosswalk.
Suzi Towsley had just started as the new program director at Seaview for the domestic
violence and sexual assault prevention and advocacy program. Separately, Towsley supported the
inclusion crosswalk.
David Smith opposed the inclusion crosswalk,and 13 people raised their hands in support.
He wondered where the line would be drawn for allowing other groups to have crosswalks.He was
concerned with safety,maintenance,whether it would create a visual distraction,and if this was even
allowed by law.
Bruce Jaffa had recently been visiting the cemetery and noticed the maintenance building
was in disrepair.Regarding electric utility,Jaffa saw an article about a study of public versus private
utilities;he thought it came down to running the operation most efficiently.Jaffa did not advocate for
Seward to sell its utility,but thought it did need to provide some public education.
Rissie Casagranda supported the rainbow crosswalk. She asked council to schedule a work
session on the water and sewer rate and classification study.
Marvin Tapsfield had lived in Seward for over 30 years. Tapsfield said because he was a
minority and in the most hated group in America: he was white,male,Christian,heterosexual. He
said if he walked the streets in most cities in America,he'd be shot for those reasons.Tapsfield said
his morals and foundation were established on the bible; he knew who his Lord was, and was not
afraid of persecution.
City of Seward,Alaska City Council Minutes
January 27, 2020 Volume 41, Page 87
Frances Assad-Smith opposed the rainbow crosswalk and was also a conservative Christian.
She was proud to be a new citizen, and she believed in liberty, freedom,and justice for all. She did
not hate anyone in the community;she thought the way to build the community was through the way
people treated each other, with respect and dignity.
Lynda Paquette reminded everyone of the proclamation recognizing Seward as a "We Love
Us" city in April, 2017. Paquette recited the proclamation and suggested the intention was to rise
above politics and religions, which could be divisive. She said God and Christ loved everybody.
Marsha Ambacher was not against any person, but was concerned about the safety of
having a rainbow crosswalk. She wondered if the city was prepared to defend a lawsuit if a
pedestrian was hurt.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (McClure/Osenga) Approval of Agenda and Consent Agenda
Baclaan requested to re-order the agenda to take up "Council support of Inclusion Crosswalk
("Rainbow Crosswalk") in downtown business district" before Public Hearings. There was no
objection from council.
Terry removed the January 13, 2020 minutes from the consent agenda.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 20-008,Authorizing A 36-Month Contract With Everbridge,Formerly Nixie,For A
Complete Communication Emergency Alert System In The Amount Of$6,300 In The First
Year And$5,800 Per Year For The Remainder Of The Contract,And Appropriating Funds.
Resolution 20-009,Authorizing Matching Funds In The Amount Of$135,000 Towards The
City's Share Of Funding For The Japanese Creek Feasibility Study, And Appropriating
Funds.
Approval of the January 6, 2020 City Council Special Meeting Minutes.
Approval of the December 9, 2019 City Council Regular Meeting Minutes.
Non-Objection to the renewal of liquor license#3021—Restaurant/Eating Place for the Alaska
Seafood Grill.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
City of Seward,Alaska City Council Minutes
January 27,2020 Volume 41,Page 88
Recognizing Superintendent Bill Lapinskas from Spring Creek Correctional Center
Chamber of Commerce Report,including 2019 Year End Report and 2020 Marketing
Plan.
City Manager Report. Scott Meszaros stated that he had revised the reporting of
disbursements by removing the names of vendors. He introduced Tammy Stromberg as the new
finance director and welcomed her to Seward on her first day in the office.
In response to Baclaan, Meszaros said two or three proposals had been received for audit
firms.Meszaros added that the finance department had reached out to 11 or 12 firms to make them
aware of the proposal.Terry reminded Meszaros that the scoring criteria for proposals was supposed
to be disclosed on the record to council as soon as administration knew they were going to release a
Request for Proposals.
In response to McClure, Public Works Director Doug Schoessler said the results for the
water and wastewater rate and classification study would be ready for presentation to council by the
end of February; the vendor wanted additional information about the city's capital improvement
priorities.
In response to Baclaan, Parks & Recreation Director Tyler Florence said the cost for
middle schoolers and high schoolers to attend the Boys & Girls Club was free. Kindergarteners
through elementary schoolers cost$125 annually for the after school program.
In response to Terry,Meszaros said he did not have the 4Q19 property and sales tax figures
yet.
The following purchase orders over$5,000 had been approved by the City Manager since the
last council meeting: $5,105 for quick break assembly and 115 kV vee switch,$5,480 for concrete
vaults and pads, $29,205 for wire inventory, and $7,562.50 for 69 kV fuse for the Electric
Department; $6,595 for replacement computers and monitors, and $5,409.78 for patron laptop
replacements for the Library;$6,770 for magnet AXIOM bundle for the Police Department;$11,382
for marina package server software,and$5,958 for grant application assistance for G,K,and L floats
for the Harbor;$20,517.03 for Microsoft server and office licensing for MIS;$6,449 for fork grapple
with frame for toolkit, and $7,584 for salt spreader for the Parks & Recreation Department; and,
$5,258 for Lion V Force turnout coat and pants for the Fire Department. This information was not
reported by the city manager during the meeting; it was taken from the city manager report in the
packet for inclusion in the minutes.
City Attorney Report. Holly Wells said she did not have anything to add,but would be
happy to take questions.
Other Reports, Announcements and Presentations
City of Seward,Alaska City Council Minutes
January 27, 2020 Volume 41, Page 89
Kenai Peninsula Economic Development District Presentation by Tim Dillon
JAG Presentation by Tim Jagielski
Japanese Flood Risk Feasibility Study Report by Seward Flood Service Area Board
Chair Mark Ganser and Stephanie Presley
Council support of Inclusion Crosswalk ("Rainbow Crosswalk") in downtown business
district.
Baclaan wanted to address concerns expressed by citizens: the federal highway safety
administration reported that there were neither positive nor negative impacts of having colored
crosswalks. The Seward Pride Alliance (SPA) would be solely responsible for funding the
installation,maintenance,and if necessary,removal of the crosswalk.Baclaan added that there were
numerous examples of private interests on city property around town,including Benny Benson Park,
Hoben Park, Rotary Pavilion, Kawabe Park,Ryan Lewis Memorial Field, and Mariners Memorial.
In response to Butts,Wells said the Alaska Constitution fiercely protected First Amendment
rights. Wells added that it would be in the city's best interest to create a public forum where all
parties had equal access. Meszaros said it would be costly to create a process and would involve staff
time and legal. Baclaan said legalities could work either way; the bike park, for example, may be
inclusive for some and non-inclusive for others.
In response to Butts, Meszaros said his recommendation would be to create a standardized
process to handle any crosswalk request. Wells added that the city would have to identify available
crosswalks, create a permit process, and establish required criteria.
Motion (Butts/McClure) Refer to the Planning&Zoning Commission
Terry favored having an application process in place to mitigate the politics and to protect the
city,much like the process established for the mobile vendor program. Baclaan said Seattle had an
established application process in place that could be used for reference.
Motion to Amend (Baclaan/McClure) Add the words, "...to create a crosswalk
application process and bring it back to
council."
Motion to Amend Passed Unanimous
Main Motion Passed Unanimous
PUBLIC HEARINGS
Ordinances for Public Hearing and Enactment
City of Seward,Alaska City Council Minutes
January 27, 2020 Volume 41,Page 90
Ordinance 20-001,Amending The Land Use Plan And Zoning Designation Of The West Half
Of Federal Addition Blocks 7, 14, And 17, Except Lot 7A Block 17, From Single Family
Residential(R1)And Two Family Residential(R2)To Office Residential(OR).This ordinance
was introduced and amended on January 13, 2020, and is coming tonight for a public hearing and
enactment.
Motion (McClure/Osenga) Enact Ordinance 20-001
City Attorney Holly Wells requested council postpone this ordinance in order to allow her
to conduct additional research and bring back a more thorough recommendation to council.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Susan Swiderski owned two homes in this area,one of which was a recent acquisition. She
and her family were invested in this community,and she favored this rezone because she thought it
would be fair and reasonable, and would allow homeowners in this area to have more options.
Swiderski said to the east of this area across the alleyway were commercial businesses;to the west
across Second Avenue was AVTEC school. She had no complaints about the foot traffic for the
school, or the parking issues on the street; she just wanted the area to be able to have more
commercial endeavors allowed.
Rissie Casagranda said this property was stuck between institutional and commercial zones;
she favored letting these residents rezone as they wished. She appreciated the process for reviewing
this rezone because it allowed for a lot of public input.
Bruce Jaffa said this rezone was intended to support home businesses, not to create strip
malls; he favored the rezone approval.
Jen Leahy opposed this rezone because the city's Comprehensive Plan recommended that
this area remain primarily residential. She thought a more incremental approach would be more
suitable.
Cindy Ecklund reiterated the history of this rezone, and said the signers of the petition for
this rezone did not object to the parking or the foot traffic.
Carol Griswold opposed this rezone because she thought it was illegal and went against city
code and the city's Comprehensive Plan. She believed this rezone would be detrimental to the city,
not beneficial. She encouraged council to amend this to allow Residential Two(R2), or to fail the
ordinance.
No one else appeared and the public hearing was closed.
In response to McClure,Wells said this rezone could be approved or denied by council, in
accordance with city code,without qualifying as spot zoning.Wells said that,just because something
City of Seward,Alaska City Council Minutes
January 27,2020 Volume 41,Page 91
was not in keeping with the city's Comprehensive Plan,it did not mean that it had to be rejected by
council. That said, Wells recommended that council postpone this ordinance to allow her to bring
back a more organized and comprehensive decision process for council to consider.
Motion to Postpone (Terry/McClure) Postpone Ordinance 2020-001 to February
24, 2020 and hold a second public hearing.
Motion to Postpone Passed Yes: Butts, Osenga, McClure, Terry
No: Baclaan
Council recessed at 9:56 p.m.
Council resumed at 10:03 p.m.
UNFINISHED BUSINESS
Resolution 20-006,Determining It To Be In The Public Interest And Necessary To Proceed
With The Proposed Utility Improvement District For And Benefiting Lots 1,2,3,4 Block 3
And Lots 38,39,40,41,42,43,And 44 Block 2 Of Gateway Subdivision,In An Amount Not
To Exceed $337,375, And Appropriating Funds. This resolution was brought forward for
public hearing on January 13, 2020. It was postponed and is coming back tonight for a second
public hearing and approval. The main motion is back on the floor.
Notice of the public hearing being posted and published as required by law was noted and the
public hearing was opened.
Rissie Casagranda wondered what the difference was between improvement district
and assessment district. She thought the resolution should specifically state that the city would
be reimbursed for the cost of the improvements.
No one else appeared and the public hearing was closed.
Wilde clarified that an improvement district added water, sewer and electric to an area
that did not have it yet.An assessment district assessed the cost of making those improvements.
In the subdivision agreement with Mr. Zimmerman, the city would be reimbursed for these
improvements as each lot was sold;the property owner had ten years in which to reimburse the
city.
In response to Butts,Wilde said street lighting was included in the project.In response to
Baclaan, Wilde said the subdivision agreement defined the terms of payback to the city. In
response to Terry,Wells said this resolution did not need to include the subdivision agreement;
that would come later in the process.
Motion Passed Unanimous
r..
City of Seward,Alaska City Council Minutes
January 27, 2020 Volume 41, Page 92
NEW BUSINESS
Other New Business
Approval of the January 13, 2020 City Council Regular Meeting Minutes.
Motion (McClure/Osenga) Approve the January 13,2020 City Council
regular meeting minutes.
Terry requested the clerk include a note under Roll Call indicating that Council Member Lane
left the meeting at 8:12 p.m.
Motion Passed Unanimous
Accept the letter of resignation from Council Member Kelley Lane,and direct the city clerk to
solicit interest from qualified residents in the City of Seward for appointment to fill the
vacancy.
Motion (McClure/Osenga) Accept the letter of resignation from Council
Member Kelley Lane.
Council directed the city clerk to solicit interest from qualified residents in the City of Seward for
appointment to fill the vacancy with a deadline of February 7, 2020 at 5:00 p.m.
Motion Passed Unanimous
Appoint a City Council Representative to the Kenai Peninsula Economic Development District
(KPEDD).
Motion (McClure/Butts) Appoint Council Member John Osenga to be
the city's representative on the Kenai
Peninsula Economic Development District.
Motion Passed Unanimous
Review recommendation(s)from the Special Ad Hoc Citizen Advisory Committee for Seward
Airport and determine next steps. •
Council suspended the rules to speak with Bruce Jaffa.
Airport Committee Chair Bruce Jaffa reported that the committee's recommendation was
for the city to seek ownership of the airport,using legal means as necessary such as an injunction,to
stop the Alaska Department of Transportation (ADOT) from proceeding with Alternative 2.2.
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January 27,2020 Volume 41,Page 93
Jaffa said if the city moved forward with this, they should expect some costs; initial costs
would include attorney fees. In response to Terry, Jaffa said the committee recommended the city
enjoin the state from moving forward; they should try to stop ADOT in a legal way, and enter
negotiations to convert the ownership to the city.
Council went back on the rules.
Wells said if the city were to file an injunction,there would need to be a cause of action,such
as wetlands protection, floodplain permit issues, a breach of duties, etc.; it would require research
and time to develop, and would be costly to expedite.
Meszaros said the city needed to take no action at this point.The Environmental Assessment
(EA)had been completed,the RFP was going out,and the state was putting$23 million towards the
project. Meszaros said the engineering and design work was being done.
Baclaan said the Airport Committee was formed because the citizens did not want what the
FAA and ADOT was going to give them. He added that, although he did not disagree with the
committee's recommendations, he did think this issue would have to go to the voters to decide.
Baclaan thanked the committee for their time and efforts.
Butts also thanked the committee. He thought if the city allowed the ADOT to continue,it
would hamper the growth of the city;the committee's recommendation was what the city needed in
order to move forward. Butts concurred with Baclaan that it would likely have to go to the voters.
In response to Osenga,Wells said it would be imperative for her to know the specific dates of
the ADOT's plans. Baclaan wondered if anyone had asked the state if they would be willing to part
with ownership of the airport.In response to Terry,Wells requested that she have the opportunity to
first look at the timeline, and then determine if there was an appropriate cause of action to file an
injunction; she would then submit an attorney-client privileged memorandum for council's
consideration to decide how to proceed; there was no objection from council.
Reschedule the work session to discuss Electric Department rates, classifications, utility
infrastructure management, current contract regarding power factor adjustment penalty,
current status/process of selling electric utility, update on current demand meter project,
update on the air-to-air project, clarifying billing, and timeline or schedule for pole
replacement. The work session was scheduled on January 20, 2020, but was cancelled due to lack
of quorum.
Council re-scheduled the work session on February 3, 2020 at 6:00 p.m.
Motion (McClure/Baclaan) Extend the adjournment of the council
meeting to midnight.
Motion Passed Unanimous
City of Seward,Alaska City Council Minutes
January 27, 2020 Volume 41,Page 94
INFORMATIONAL ITEMS AND REPORTS
On-Going City Project and Goal List.
Seward Parks&Recreation agreement with the Boys& Girls Club follow up information.
In response to Baclaan, Florence confirmed that the cost for middle schoolers and high
schoolers was free,and it cost$125 per year for kindergarteners through elementary schoolers for the
after school program,which was down from $200.
COUNCIL COMMENTS
Butts thanked everyone for coming out tonight.He thanked JAG for the shiplift facility,and
congratulated the boys basketball team for their win last weekend.
Baclaan thanked everyone for coming who spoke for and against the crosswalk. He
appreciated his council colleagues and thought they all worked together very well.He thanked Doug
Schoessler for working with SPA on the crosswalk initiative,and the city manager for making time
to meet with him.
Osenga thanked everyone for their comments tonight. He said he would do his best to
represent Seward on the Kenai Peninsula Economic Development District(KPEDD).
McClure appreciated everyone coming out tonight; the crosswalk was a more contentious
issue than she expected.She expressed condolences to Rose MacSwain and Jack Goodwill families.
Terry said January 29,2020 from 9:00 a.m.—3:00 p.m.at the Nazarene Church there would
be the first Seward Cares Homeless Connection. She expressed her condolences to the MacSwain
and Goodwill families.
CITIZEN COMMENTS
Bruce Jaffa recalled the fights in council over putting in handicap parking spaces in town
and the objections of many downtown merchants at the time;he thought Seward was an accepting
place for diversity, and he trusted council to find the best solution. Jaffa implored council to give
clear direction to the city manager regarding the airport;he thought it was clear that the city manager
was not a fan of the project, but Jaffa thought the strategic advantage of having a viable airport in
Seward would only become more important in the future. He was concerned that the electric
department was not representing the city well;the Port&Commerce Advisory Board(PACAB)had
a meeting recently at which they expected to have a representative from the electric department and
no one came. Jaffa was concerned that council had been put off more than once by the electric
department, and that answers to council's questions had often been"flubbed".
Cindy Ecklund thanked council for their care and deliberation on the rezone. As chair of
Planning & Zoning Commission, she expected things to go well with the crosswalk application
City of Seward,Alaska City Council Minutes
January 27,2020 Volume 41,Page 95
process; she would gather information from Seattle and Juneau on their application processes.
Regarding the electric department, she would like to see a simple balance sheet for revenues and
expenses.
Lynda Paquette attended the Marine Industry Forum last week where people were
complaining about the cost of electricity. Regarding the airport, she thought the community had
spoken very clearly that they did not want what the ADOT was offering.
Rissie Casagranda thanked the airport committee for their work;she was concerned that this
was the second administration that was anti-long runway. The Cost of Power Adjustment(COPA)
was a pass through charge from Chugach Electric, and the numbers were posted on the city's
website, but not all the numbers were available for someone to figure out their electric bill. The
Seward Public Utility(SPU)cost was the city's infrastructure cost.The Infrastructure Fee was for the
generators. Casagranda suggested that the city form an electric committee to be dedicated to
understanding the electric bills.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Butts expressed condolences to the family of Herman Nelson.
Council recessed at 11:30 p.m.
Council resumed at 11:34 p.m.
EXECUTIVE SESSION
Go into executive session to evaluate the City Attorney.
Wells stated that,unless there were specific allegations surrounding Wells'morals or ethics,
she wished to have her evaluation conducted in public. Baclaan stated he wanted to discuss an
attorney client privileged item with Wells; council decided to begin the evaluation in public and
move into executive session later, if necessary.
Motion (Terry/McClure) Co into executive session to evaluate the City
Attorney.
Motion Passed Unanimous
Council went into executive session at 11:47 p.m.
Council came out of executive session at 11:58 p.m.
City of Seward,Alaska City Council Minutes
January 27, 2020 Volume 41, Page 96
ADJOURNMENT
The meeting was adjourned at 11:58 p.m.
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Brenda J. Ballou, MMC 'sty Terry
City Clerk Mayor
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