HomeMy WebLinkAbout07272020 City Council Minutes City of Seward,Alaska City Council Minutes
July 27, 2020 Volume 41,Page 241
CALL TO ORDER
The July 27, 2020 regular meeting of the Seward City Council was called to order at 7:00
p.m. by Mayor Christy Terry.
OPENING CEREMONY
Council Member Osenga led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Christy Terry presiding and
Sue McClure Sharyl Seese(telephonically)
John Osenga Tony Baclaan
Dale Butts (telephonically) Julie Crites (telephonically)
comprising a quorum of the Council; and
Scott Meszaros, City Manager
Brenda Ballou, City Clerk
Will Earnhart, City Attorney
Excused—None
Absent—None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
The City of Seward is currently experiencing a declared public health emergency due to Coronavirus
Disease 2019 (COVID-19), so alternate methods for providing Citizen Comments were created.
Unless otherwise noted, the following Citizen Comments were submitted in advance and read into
the record by the City Clerk:
Becky Dunn (telephonically) said she thought the local radio station,KIBH-FM 91.7,was
being underutilized by the city. She offered to deliver COVID-related public service announcements,
and was also disappointed that she wasn't contacted to put out information on the radio last week
during the tsunami warning.
Max Pfeiffenberger was the high school student who had initiated the Forest Acres
basketball court refurbishment project, and was happy to say he had already raised $10,000. He
intended to continue fundraising and expected to raise another $40,000 by next summer, and
requested that the city match his commitment by contributing$50,000.
City of Seward,Alaska City Council Minutes
July 27, 2020 Volume 41, Page 242
Lori Landstrom supported the resolution for Hoops for Seward and thought it was
commendable that the project was initiated by a high school student. She hoped the city would match
their fundraising efforts, either with in kind services or financially.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (McClure/Osenga) Approval of Agenda and Consent Agenda
Terry stated there was a housekeeping correction to be made on Resolution 2020-058 to remove the
words"and appropriating funds"from the title. She requested to keep the resolution on the consent
agenda and have the correction made. There was no objection from council.
Baclaan removed Resolution 2020-057 from the consent agenda.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2020-058,Authorizing A Twelve-Month Contract With Crossmatch(HID Global)
For A Complete Biometric Solutions Package With Capture Devices, Software, And
Management Tools, In The Amount Of$2,006, .
Resolution 2020-060, Authorizing The City Manager To Enter Into A Purchase Agreement
With SHI For The Purchase Of Dell Servers And Storage Systems In The Amount Of ..�
$74,388.36, And Appropriating Funds.
Approval of the July 13, 2020 City Council Regular Meeting Minutes.
Approval of the July 15, 2020 City Council Special Meeting Minutes.
Appoint Carl Hughes and Laura Schneider to the Port & Commerce Advisory Board with
terms expiring in July, 2023.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
Recognizing the Little League Field Refurbishment Volunteers
Founder's Day
City Manager Report. City Manager Scott Meszaros reported the following purchase
orders between $5,000 and $30,000 had been approved by the City Manager since the last council
meeting: $30,000 for the professional services of Interim Electric Utilities Manager; $7,000 for the
installation of camera equipment in all vehicles for the police; and$6,050 for the recodification of
City of Seward,Alaska City Council Minutes
July 27,2020 Volume 41,Page 243
Seward City Code per Resolution 2020-040 for the City Clerk.
Interim Electric Utility Manager Cory Borgeson said the electric line that was accidentally
taken down in Salmon Creek by a truck had also snapped the pole;no one was hurt and the company
was making reparations. Borgeson was working with the National Park Service to get the city's
permit for the Chugach National Forest renewed; it would be renewed for 50 years. He would be
bringing forward a resolution in August asking council to fund an electric rate study;he thought it
was important that rates were fair and appropriate.Borgeson reported that he believed all employee
grievances with the union would be settled very soon; the union had been very flexible and
cooperative to work with.
Meszaros announced that he would be releasing a Request for Proposals for the abatement
and demolition of the Jesse Lee Home, and read the following scoring criteria:
Understanding the Work 30
Qualifications&References 10
Schedule 10
Price 50
Total 100
Regarding last week's tsunami warning event,Meszaros reported the sirens did not activate
inside the city,but did activate at SMIC and Lowell Point.Meszaros said Kenai Peninsula Borough
Office of Emergency Management Director Dan Nelson reported today that the sirens had some
defective parts and would be repaired as soon as possible. Meszaros said there had been a lot of
confusion the night of the tsunami warning, and he would work to smooth out the process.
Meszaros stated the CARES Act Relief Funding program for the city opened today. The
Alaska Small Business Development Center(ASBDC)was handling all business applications and
submissions; non-profits would apply through the city. The application period would remain open
through August 17,2020.
In response to Baclaan, Meszaros said the CARES Act application packet was on the city
website on the COVID-19 page.Terry wished to see more communications go out about the CARES
Act application opportunity for businesses; perhaps including a radio announcement, as well.
Baclaan wondered how much ASBDC was being paid.Meszaros replied it was an hourly rate
which would not exceed$30,000. In response to Baclaan, Meszaros confirmed the expense would
come out of the city's$250,000 allocation for COVID.
Baclaan said,regarding the American Seafoods vessel and the OBI Seafoods outbreak,that
he hadn't received any communications directly from the city manager;he had only received notice
from the city clerk the day after.Meszaros said there had been little to no communication going out
of the city manager's office; he apologized for that and said it wouldn't happen again.
City Attorney Report. Will Earnhart recalled coming to Seward in March,2014 for the
City of Seward,Alaska City Council Minutes
July 27, 2020 Volume 41,Page 244
first time;now he looked around the city and had many memories to reflect upon.He looked forward
to coming back to visit Seward again and again.Earnhart's firm had begun the transition to the city's
new firm,Boyd,Chandler,Falconer&Munson.Terry thanked the firm for their service to the city.
Other Reports and Announcements
Chamber of Commerce Report. Jason Bidding (telephonically) said he had sent out a
membership letter last week to encourage everyone to make the most of the rest of the season. He
wanted to focus on taking advantage of new opportunities,like conferences and off-season events.
The Alaska Travel Industry Association(ATIA)recently reported a drop in tourism around the state
due to COVID. The Silver Salmon Derby would be August 8-16, 2020; all registrations would be
done over the phone or online,there would be no opening or closing ceremonies,and there would be
fewer volunteers engaged for the event this year.
Meszaros thanked the Chamber of Commerce staff for their support and assistance.
Presentations—None
PUBLIC HEARINGS
Ordinances for Public Hearing and Enactment
Emergency Ordinance 2020-009,Temporarily Adopting City Council Emergency Regulations
Ordering The 50%Capacity Of City-Owned Campgrounds,Prohibiting Gatherings Of More
Than 20 Persons, Requiring Facial Coverings Inside Buildings Open To The Public, And
Limiting Eating Establishments, Bars, And Retail Stores To 75% Capacity Indoors In
Response To The Rapid Increase In COVID-19 Cases Within The City Of Seward.
Motion (McClure/Terry) Enact Ordinance 2020-009
Terry said she and McClure had co-sponsored this ordinance,just as they had the previous
emergency ordinance for council regulations.Terry said this ordinance would start when the previous
one expired, and proposed to increase the indoor capacity to 75%.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened. All comments were submitted in writing, unless otherwise noted.
Becky Dunn (telephonically)was driving and chose not to provide testimony.
Jayme Zeller believed that mask mandates were unconstitutional and illegal.As well, she
believed that masks did not work effectively and they caused emotional distress to the wearer.
Jenn Appel also believed that masks were ineffective and should be worn as a personal
choice and not under a mandate. She was concerned about the negative impact of wearing masks on
the children returning to school. She wanted everyone to take personal responsibility for themselves.
City of Seward,Alaska City Council Minutes
July 27,2020 Volume 41,Page 245
Miranda Backlund had been bullied for coming to Seward to shop for groceries from
Moose Pass.As well,she reported a family member had been treated rudely for not wearing a mask
due to health restrictions. She encouraged everyone to be nice to each other and not jump to
conclusions about peoples' motives for wearing or not wearing a mask.
Anna Madosik thought personal responsibility was important and the government should not
be dictating whether people could gather together or should be wearing masks.
Lori Landstrom wanted a safe environment for the children to return to school,and urged
council to keep the capacity at bars and restaurants at 50%.
Wendy Milligan didn't think these regulations were necessary,and believed that council was
over-reacting to the current situation in Seward.
No one else appeared and the public hearing was closed.
Osenga supported local businesses in town and understood the reasoning behind increasing
the capacity to 75%,but asked if this recommendation had been discussed with the local healthcare
community for their input. In response, McClure said it was prudent to extend the regulations
currently in force,which was the primary intent of bringing this ordinance forward.McClure added
that this document had been crafted prior to the recent outbreak at the seafood plant; she,too,was
concerned with allowing businesses the opportunity to make more income.
Terry said she was on a mayors'call with the governor today;the governor said cities were
within their legal rights to draft mandates, and those can be tailored to each community.Terry said
the feedback she received from healthcare professionals was that they wanted to maintain the mask
mandate.
McClure said an alternative would be to simply let the previous ordinance expire and then all
regulations would be lifted.
Baclaan said his understanding was that something had to be done before the previous
ordinance expired,if the regulations were to stay in place.Baclaan believed the community was still
maintaining a low case count, aside from the seafood plant. Baclaan appreciated having this
ordinance rather than being forced into a potential Code Orange Alert where businesses would be
shut down, and said he would support this ordinance tonight.
Crites thought increasing to a 75%capacity was not advisable because the city had seen more
than seven cases in the last 14 days.
Butts supported this ordinance.
Seese was unsure about increasing to a 75%capacity,and although she believed in the need
to wear masks, she didn't like the hard feelings that having a mask mandate brought up.
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July 27, 2020 Volume 41, Page 246
Terry reiterated that if she and McClure had brought forward this ordinance,then the current
ordinance would have simply expired. She was concerned about the financial health of the local
businesses.
Motion to Amend (Crites/Osenga) Amend Emergency Ordinance 2020-009 in
the title and in Regulation #5 by striking
"75%" and replacing it with "50%."
Motion to Amend Passed Yes: Osenga,Crites, McClure, Seese
No: Baclaan, Butts,Terry
Crites appreciated the concerns for local businesses,but wished to ensure that the community
was prepared to have students go back to school and parents go back to work.
Main Motion Passed Unanimous
UNFINISHED BUSINESS
Items Postponed from Previous Agenda
Discuss the Forest Acres Basketball Court Project. This item was postponed from July 13, 2020.
By consensus of council, no discussion was had on this item.
NEW BUSINESS
Resolutions
Resolution 2020-057,Authorizing Support For Hoops For Seward To Pursue Private,State,
And Federal Funding For Remodeling Forest Acres Basketball Court.
Parks&Recreation Director Tyler Florence had been approached by Max Pfeiffenberger
and Hoops for Seward to refurbish the basketball court in Forest Acres. Florence supported the
concept and said the group had kicked off fundraising efforts.
Butts wondered if the court would be leveled by adding a new layer of asphalt over the top.
Florence said the plan was to demolish the pad and lay new asphalt or concrete, and possibly add a
surfacing layer on top. Butts wondered if this project included repairs to the fence as well. Florence
said the fence would likely be removed all together, more hoops would be included, and an ADA
pathway would be installed. In response to Butts,Florence said they were discussing adding benches,
but he wasn't sure if bleachers would be part of the project.
City of Seward,Alaska City Council Minutes
July 27, 2020 Volume 41, Page 247
Terry wondered if the city would provide funding.Florence said he looked to council to make
that decision. Baclaan wished to see the city put some financial commitment towards this project
because it belonged to the city.
Motion to Postpone (Baclaan/Seese) Postpone Resolution 2020-057 to August 10,
2020.
Baclaan wanted to postpone this resolution in order to research costs. In response to Terry,
Florence said he had some preliminary budget estimates on hand. Baclaan said he would likely be
suggesting a substantial change to the resolution in the way of committing money,and for that reason
wished to postpone.
Motion to Postpone Passed Unanimous
Council recessed at 8:28 p.m.
Council resumed at 8:33 p.m.
Resolution 2020-059,Accepting A Designated Legislative Grant Agreement From The Alaska
Department Of Commerce, Community, And Economic Development (DCCED) In The
Amount Of$440,306 For The Mitigation Of COVID-19 Effects At The Cruise Ship Terminal,
And Appropriating Funds.
Mayor Terry passed the gavel to Vice Mayor McClure and declared a potential conflict of
interest because she was the Port Operations Director for the Alaska Railroad and oversaw the
operations for the cruise ship terminal. Vice Mayor McClure declared that Terry had a
conflict of interest, and Terry removed herself from the dais.
Motion (Baclaan/Osenga) Approve Resolution 2020-059
Harbormaster Norm Regis received a letter in April,2020 from the state notifying the city
that these monies were available for COVID-19 mitigation at the cruise ship terminal. The city had
then confirmed with the state that all the funds were required to be used at the cruise ship terminal,
and the funds were also required to be used by end of year. Regis added that the cruise ship terminal
was used for many community events, in addition to cruise ship activities.
Baclaan was concerned that the funds would be used to create a room for screening people,
and wondered why money would be spent on cruise terminal improvements if the terminal was
scheduled for demolition in the near future. In response, Regis said he believed the terminal
demolition wouldn't happen next year, and these measures were designed to mitigate any COVID
activity for 2021 cruise ship activity.
Baclaan wondered why the city was involved in this at all,since the funds were going directly
to the railroad. In response, Regis said there would be a Memorandum of Agreement (MOA)
between the city and the railroad which outlined how these funds were to be used; that agreement
would be coming to council for approval.
City of Seward,Alaska City Council Minutes
July 27,2020 Volume 41,Page 248
McClure reiterated that this resolution was accepting the funds,and a resolution would come
later to approve the MOA. Regis confirmed.
Motion Passed Unanimous
Mayor Terry returned to the dais and Vice Mayor McClure returned the gavel.
INFORMATIONAL ITEMS AND REPORTS
City Clerk's Report on Public Records Requests through July 21, 2020.
June, 2020 City and Providence Financials.
Deputy City Clerk's Memo Announcing Historic Preservation Commission Facebook Page.
Terry encouraged everyone to "like"the new Facebook page.
CITIZEN COMMENTS
The City of Seward is currently experiencing a declared public health emergency due to Coronavirus
Disease 2019 (COVID-19), so alternate methods for providing Citizen Comments were created.
Unless otherwise noted, the following Citizen Comments were submitted in advance and read into
the record by the City Clerk
Becky Dunn wished to clarify her earlier comments and offered to have the radio be used to
alert citizens about whether or not to evacuate during a tsunami warning.The only information she
saw or heard during last week's event were the posts on the City Clerk's Facebook page; for those
people who were not online, the radio could have helped communicate the updates.
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Meszaros thanked everyone for their support and assistance.He thanked all the attorneys at
Birch Horton Bittner&Cherot.Meszaros said he inherited a lot of litigation matters when he started
as the city manager last year,and was proud that the city had not lost any cases.He apologized again
to council for not calling to alert them during last week's events.
Butts thanked everyone for their work.He announced that he had accepted an offer to teach
in Astoria, Oregon and would be transitioning for the move over the next four to six weeks. He
would be stepping down from council and all other boards he was involved with. He had been a
resident of Seward for the last 30 years, and he loved the community. Wash your hands.
Baclaan thanked Butts for his service; he always appreciated Butts for his regard for
children's activities. Baclaan thanked the Seward Homeless Connection and Dr.Carolyn Roloff for
City of Seward,Alaska City Council Minutes
July 27,2020 Volume 41,Page 249
their assistance in obtaining shelter for a youth recently.He congratulated Laura Schneider and Carl
Hughes for their re-appointment to PACAB.Baclaan announced that Seward Pride Week kicked off
on July 25, 2020, and thanked all the businesses who were displaying rainbow flags in support.
Baclaan thanked council for their hard work, and the Public Works Department and Harmon
Construction for completing the ADA accessible ramp at city hall.
Crites thanked everyone for doing their part. If anyone had tutoring skills,there could be a
need for that this fall. She encouraged everyone to wear their masks and wash their hands.
Seese thanked everyone for the new ramp at city hall. She was sorry to hear Butts was
leaving,but wished him well. She encouraged all businesses and non-profits to apply for CARES
Act funding, and said it was easy to apply.
Osenga thanked the outgoing city attorneys for their service.He was sorry to hear that Butts
would be leaving,but wished him well. He encouraged everyone to be responsible and stay well.
McClure thanked the attorneys; she had enjoyed working with them. She would also miss
Butts.McClure was glad to hear that emergency response processes for tsunamis would continue to
be worked on. She thought, in an emergency, it was important that there was one source for
information;the radio station should be alerted immediately.McClure encouraged people to be kind
to each other;mind your business and be responsible for yourself.
Terry said any families of students interested in taking part in a master's degree study could
contact Tara Swanson at(907)422-7555. Terry said she had served with Butts in the past, and he
would be missed. She thanked Rotary for hosting the Zoom event about Race and Prejudice;it was
well done.Terry thanked Carl Hughes and Laura Schneider for continuing their service on PACAB.
She encouraged businesses and non-profits to apply for CARES Act funding. She hoped that all
citizens had courage and loved their neighbor.
ADJOURNMENT
The meeting was adjourned at 8:58 p.m.
rends J. allo MC 'sty Terry
City Clerk Mayor
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