HomeMy WebLinkAbout09142020 City Council Minutes City of Seward,Alaska City Council Minutes
September 14, 2020 Volume 41,Page 268
CALL TO ORDER
The September 14,2020 regular meeting of the Seward City Council was called to order at
7:00 p.m.by Mayor Christy Terry.
OPENING CEREMONY
Lieutenant Alan Nickell led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Christy Terry presiding and
Sue McClure Sharyl Seese
John Osenga Tony Baclaan
ulie Crite3
�-crrcc-�rrcvv
comprising a quorum of the Council; and
Scott Meszaros, City Manager
Brenda Ballou, City Clerk
Excused—Crites
Absent—None
Vacant—One
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING—None
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (McClure/Seese) Approval of Agenda and Consent Agenda
McClure removed Resolution 2020-071 from the agenda with no objection from council.
Baclaan removed Resolution 2020-078 from the consent agenda.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2020-076,Authorizing The City Manager To Extend The Independent Contractor
Agreement Of Cory Borgeson For An Amount Not To Exceed $63,000.
City of Seward, Alaska City Council Minutes
September 14, 2020 Volume 41, Page 269
Resolution 2020-077,Accepting Grant Funds In The Amount Of$6,000 From The Anchorage
Police Department Internet Crimes Against Children Division,Through The Alaska Internet
Crimes Against Children (ICAC), For The Purchase Of Software And Equipment To Aid In
Local ICAC Investigations, And Appropriating Funds.
Resolution 2020-079,Accepting Grant Funds From The State Of Alaska Historic Preservation
Fund(HPF) In The Amount Of$17,295,With A Required Match Of$3,970,For The FY2020
Certified Local Government(CLG)Grant#20005"Seward Historical Tour: Public Education
Signage" Project On Behalf Of The Seward Historic Preservation Commission, And
Appropriating Funds.
Approval of the August 24, 2020 City Council Regular Meeting Minutes.
Approval of Licensed Premise Diagram Change of Liquor License for Highliner Restaurant,
LLC, Public Eating Place, License#5621.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
Recognizing Dorothy Urbach for 30 year of leading the Friends of the Library
Certificate of Appreciation for Kenai Peninsula Economic Development Direct Tim
Dillon
Patriot Day Proclamation
American Legion Day Proclamation
Borough Assembly Report. Kenn Carpenter said there was not much going on;there had
been two fast assembly meetings. Carpenter reported that some campaign signs were being destroyed
or vandalized and requested for that to stop. He said there would be a referendum on the borough
ballot for the Vote By Mail Hybrid project; voting "yes" meant a repeal of what the assembly had
voted in, and voting"no" would keep what the assembly voted in and the ordinance would go into
effect January 1, 2021. Carpenter said the assembly used Zoom for their meetings, but it did not
reach all the people,especially the elders throughout the borough,because not everyone had access
to computers and the interne.
In response to to McClure,Carpenter said his constituents could reach him on his cell phone
at (907) 350-5021.
Carpenter said he had been getting lots of phone calls from citizens complaining about junk
in peoples' yards; the borough did not have zoning regulations for private property, so there was
nothing he could do about it.
City of Seward,Alaska City Council Minutes
September 14, 2020 Volume 41,Page 270
City Manager Report.City Manager Scott Meszaros cautioned that the city was currently
under litigation over the Jesse Lee Home, so no discussions should be had on that subject. He
reported the following purchase orders between$5,000 and$30,000 had been approved by the City
Manager since the last council meeting:$10,500 for 300 kVA(kilovolt ampere)transformer as stock
replacement for Electric;$80,700 for the ADA ramp project at City Hall for Public Works;$145,500
for a sidewalk repair project for Public Works per Council Resolution 2020-062; $7,900 for the
rental of a helicopter for a T-line inspection for Electric; $9,700 for the annual CAS records
management system and mobile system operations for Police; $15,800 for fuel tank surface
prep/coatings renewal at the Ft.Raymond property for Electric;$13,900 for a lockout tagout program
for the Ft.Raymond power plant for Electric;and,$30,000 for the Seward CARES contract with the
Alaska Small Business Development Center for Administration.
Meszaros announced that the Port & Commerce Advisory Board (PACAB) would have a
work session on Wednesday at noon to review the city's Interconnect Policy; there would be a
variety of presenters and speakers. Meszaros said the 2019 audit should be presented to council on
September 28,2020. There was a laydown furnished for tonight's meeting relating to CARES Act
funding for the Seward Senior Center;there was a residual balance of CARES Act funding that could
be used in several ways:as a stipend towards businesses who had not yet received any funding,as a
credit for residents'electric bills,and also to cover a shortfall for the cost of purchasing Airpacks for
the Fire Department.
Baclaan wondered if there was any money left over from the administration allotment of
$250,000. Terry asked how the remainder of that money had been used, aside from the $30,000
designated for the Alaska Small Business Development Center.In response,Meszaros said there was
no money left in any fund,besides the business account.
Motion (Terry/Osenga) Accept the recommendations for CARES Act
non-profit funding in the amount of
$1,224,518 as presented on Page 2 of the
Finance laydown.
Motion Passed Unanimous
Council suspended the rules to speak with Kenai Peninsula Economic Development District
(KPEDD)Executive Director Tim Dillon.
Dillon said the Non-Profit Review Committee had considered how best to disburse the funds
that were allocated;he thought the committee had done a very good job and the community would
benefit greatly.
Council went back on the rules.
Meszaros clarified that the$500,000 commitment made to the Alaska SeaLife Center would
come from the business account.
City of Seward,Alaska City Council Minutes
September 14,2020 Volume 41,Page 271
Motion Passed Unanimous
Terry continued,saying the other page of finance's laydown outlined suggestions on how the
remaining funds might be disbursed,and suggested the Review Committee meet again to review and
provide a recommendation. Baclaan thanked the Review Committee for their work; he supported
having the Review Committee meet again to discuss recommendations.
Assistant City Manager Stephen Sowell explained that there were approximately 267
businesses had been identified that were not eligible to receive CARES Act funding previously,and
based on the four criteria outlined in the laydown, would receive a small check. In addition, the
residential electric customers in the city could easily be provided some relief on their utility bill.
And, finally, if there were funds left over, individual Airpacks could be purchased to refresh the
equipment at the fire department.
In response to Seese, Sowell said the small businesses that would qualify for this round of
funding would be those that had between $1 — 19,999 in revenues and that had not received any
funding previously.
In response to Baclaan, Meszaros explained that an Airpack was a breathing apparatus that
firefighters wore when entering a structure to fight a fire,not unlike what someone wore when scuba
diving.The fire department had 34 Airpack units that had expired and were in need of replacement.
Motion (Terry/Baclaan) Accept the recommendations for CARES Act
funding as presented on Page 1 of the
Finance laydown to include:up to$267,000
for businesses; up to $312,013.63 for
electric utility credits; and, any remaining
funds will purchase Airpacks for the Fire
Department.
In response to Seese,Meszaros estimated that each Airpack unit cost approximately$7,700.
Motion Passed Unanimous
Seese asked for an update on the sidewalk project.Meszaros said the Fourth Avenue portion
of the project was being completed.Seese said in front of the Generations building she saw someone
trip on the sidewalk, and wondered if that section of sidewalk could be patched.
Terry thanked the Electric Utility Department for getting Field Engineer Rob Larson to finish
the construction jobs for the season.She also wondered when the Budget Committee would be ready
to start looking at the 2021 budget. As well, she was also interested in rescheduling the short-
medium-and long-term projects and goals work session that had been suspended due to COVID.
Meszaros said the wage study was being finalized,as well as the water and sewer rate study.
The capital improvements plan also needed to be worked on. Meszaros said this year's sales tax
City of Seward,Alaska City Council Minutes
September 14, 2020 Volume 41,Page 272
revenue for the second quarter appeared to be down by approximately 40%.
Other Reports and Announcements—None
Presentations
KPEDD Presentation by Tim Dillon This presentation was provided as a laydown.
PUBLIC HEARINGS
Ordinances for Public Hearing and Enactment
Ordinance 2020-011,Amending The Zoning Designation Of Lots 3,4-5 And N1/2 Lot 6 Block
16 Original Townsite Seward From Multi-Family Residential (R3) To Central Business
District(CB). This ordinance was introduced on August 24, 2020 and is coming tonight for public
hearing and enactment.
City Planner Eric Kozielski stated this ordinance was for 331 and 335 Fifth Avenue, and
had come before the Planning&Zoning Commission in June,2020 and was postponed;it then had
been amended in July by the commission and ultimately approved.Kozielski said this rezone would
result in the zones becoming contiguous with the lots to the west across the alley, but would also
result in zoning inconsistencies along the same side of the block. Kozielski said it was the
recommendation of the Community Development Department to fail this ordinance.
Motion(McClure/Osenga) Enact Ordinance 2020-011
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.
Tanguy Libbrecht(telephonically)said Seward was a wonderful place to live and serve.He
was a Historic Preservation Commissioner, but he wished to speak as a private citizen. He
appreciated having the opportunity to speak. He was against this rezone because it affected a small
pocket of the historic district.
Cheryl Seese (telephonically) on behalf of the Historic Preservation Commission, as the
chair, she wanted to bring council's attention to HP Resolution 2020-04 to maintain the current
zoning in order to preserve the downtown historic district. She said people liked to visit Seward to
see the history.
Megan Coppock(telephonically)opposed this ordinance.The property was located within a
historic neighborhood; the charm of Seward was part of the reason people visited. She didn't
understand how this rezone would benefit the entirety of Seward.
Doug Capra thought that if the HP Commission's recommendation was not considered,he
didn't understand why the commission existed.
City of Seward,Alaska City Council Minutes
September 14,2020 Volume 41,Page 273
Carol Griswold(telephonically)believed the council packet omitted important information,
such as the 2017 Historic Preservation Plan which included this downtown historic district.She was
concerned that the HP Commission had not been consulted,and noted HP Resolution 2020-04. She
thought P&Z was fast tracking a Communications Tower code revision that would require a
Conditional Use Permit(CUP)and restrict cell phone towers.
Mary Ann Benoit (telephonically) was an HP Commissioner, but wanted to speak as a
citizen.She moved to Seward 20 years ago because of its beauty.The historic Swetmann House was
part of the historic neighborhood that was a part of tourists' and residents' enjoyment. Historic
preservation was an economic development tool that communities used to bring visitors.
Leona Cange thought this rezone would take away some of the historic value of the city.
No one else appeared and the public hearing was closed.
In response to Baclaan,Community Development Director Jackie Wilde said the original
application did not include the entire block,but it was the practice of Community Development to
explore whether it was possible to include the entire block;P&Z postponed the resolution in order to
allow Community Development to pursue that possibility. At this time, however, Community
Development,as representatives of the city administration,was recommending that council fail this
ordinance, which was contrary to P&Z. Terry wondered if there was a concern that this might be
considered spot zoning because it was less than one acre.Kozielski said this could potentially appear
to be spot zoning due to the small property size; he also wasn't sure this rezone represented the
greater good for the community.
Motion Failed Yes: Seese, Baclaan
No: Osenga, McClure,Terry
Council recessed at 9:51 p.m.
Council resumed at 9:57 p.m.
Resolutions Requiring Public Hearing
Resolution 2020-075,Authorizing The City Manager To Enter Into A New Lease With 4JBC,
LLC For Lot 2 Block 4,Fourth Of July Creek Subdivision,Seward Marine Industrial Center,
Kenai Peninsula Borough,Plat No.2015-14 Seward Recording District,Third Judicial District,
State Of Alaska.
Motion (McClure/Seese) Approve Resolution 2020-075
Harbormaster Norm Regis said this property recently came open for lease;this particular
request to lease had been on file for some time.
City of Seward,Alaska City Council Minutes
September 14, 2020 Volume 41, Page 274
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.
Carol Griswold (telephonically)requested that all leases be required to pass a background
check,credit check,and criminal records check in order to prevent bad leases.She wondered why the
city was cleaning up the property; it should have been the former leasee's responsibility.
No one else appeared and the public hearing was closed.
Seese thought having a screening process might be a good idea. In response to Terry, Regis
confirmed that there was not a screening process currently in place; he added that in order to lease
with the city, the business had to have a city business license and be in good standing.
Motion Passed Unanimous
UNFINISHED BUSINESS
Resolution-2mn n71 Approving The Memorandum Of Agreement (MO A,_Between The
Reimburse A DDC For i p To $39� 2 7C In Casts A rising From The Mitigation Of COVIi1_1.9
9
. This resolution
Iwo was removed,from the agenda.
NEW BUSINESS
Resolutions
Resolution 2020-078, Amending City Council Rules Of Procedures, Rule 9B, In Order To
Ensure Council Agenda Items Have Sufficient Time For Financial, Legal, And Managerial
Review Prior To The Council Meeting Dates.
Motion (McClure/Osenga) Approve Resolution 2020-078
Osenga said the council committee for policies and procedures had recognized this as an
issue, and had met and prepared this resolution. McClure added that she and Osenga were both on
the City Council Policy Work Group and were bringing forward this resolution in conjunction with
administration to help make things work better.
Motion to Amend (Seese/Baclaan) Amend Resolution 2020-078 in the title by
striking "Agenda Items" and replacing it
with "Ordinances and Resolutions" and
adding the words, "...and give the city
manager and department heads the
City of Seward,Alaska City Council Minutes
September 14, 2020 Volume 41, Page 275
opportunity to work with council members
on their ordinances and resolutions..."
before "...prior to the council meeting
dates."
Seese thought only ordinances and resolutions should require the extra time for review.
Osenga didn't understand why council should have a different deadline for submitting agenda items;
he said this resolution did not remove anyone's authority, nor did it add more power to anyone.
Baclaan did not believe that discussion items needed to be submitted two weeks in advance.
In response to Baclaan,Meszaros said things were thrown on the agenda the week before the
council meeting, and sometimes a legal or financial review was necessary; those reviews could not
get done in a timely manner under the current circumstances.
Terry said her understanding of this resolution was that,if administration disagreed with the
content that was submitted for review,administration would contact the sponsor of the ordinance or
resolution to work collaboratively on resolving the concerns; she wanted to make sure that the
sponsor's content would not be altered without notice.
Motion to Amend Passed Unanimous
Motion to Amend (Baclaan/Seese) Amend Resolution 2020-078 in the 9th
Whereas by striking the words "agenda
items" and replacing them with, mai
"resolutions or ordinances that have not
had prior discussion before council".
Osenga said Baclaan was amending language of how Rule 9B currently read. Terry added
that Section 1 was where the proposed new language was.
Baclaan withdrew his amendment with no objection from council.
Motion to Amend (Baclaan/Seese) Amend Resolution 2020-078 in Section 1 by
"it-witheneeur-aged; striking the words
"their agenda items" and replacing it with
"council ordinances or resolutions that
have not had prior discussion before
council", and add the words "and assist if
needed" following "City Administration
will prepare..."
In response to Baclaan, Osenga said he preferred having a requirement rather than an
encouragement.
City of Seward,Alaska City Council Minutes
September 14,2020 Volume 41,Page 276
Baclaan modified his amendment to maintain the word"required"with no objection from council.
Motion to Amend Failed Yes: McClure, Seese, Baclaan
No: Osenga,Terry
Motion to Amend (Terry/Osenga) Amend Resolution 2020-078 in Section 1 by
striking the words "agenda items" and
replacing it with "ordinances and
resolutions".
Motion to Amend Failed Yes: McClure,Osenga,Terry
No: Baclaan,Seese
Baclaan believed the intent of this resolution was to empower council,but he didn't think in
its current state it accomplished that,so he would not be voting for it.Terry wondered if there might
be concerns that administration was trying to act as a gatekeeper for council agenda items.McClure
said it was a given that administration would collaborate with council members.
Baclaan said the number of items that council brought forward was miniscule compared to
what administration brought to council;he expressed frustration in having only a few days to review
the entire agenda packet and prepare for the council meeting. Terry wondered if postponing this
resolution in order to review the amendments made thus far would be helpful. Baclaan said,if this
was postponed,he would prefer it not come back until after the election and the appointment for the
vacant seat.
Motion to Postpone(Seese/Baclaan) Postpone Resolution 2020-078 to October 26,
2020.
Motion to Postpone Passed Unanimous
INFORMATIONAL ITEMS AND REPORTS
City Clerk's Report on Public Records Requests through September 4, 2020
Seward Historic Preservation Award to John S. French, Posthumously
CITIZEN COMMENTS—None
COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN
COMMENTS
Meszaros thanked everyone, and hoped that COVID would soon be behind us all. He was
looking forward to all the work products he would be bringing to council in the future.
City of Seward,Alaska City Council Minutes
September 14, 2020 Volume 41,Page 277
Baclaan announced that electronic recycling would be October 10, 2020; volunteers were
being sought to help the Seward Prevention Coalition with that event. He was pleased that Electric
Utility Interim Manager Cory Borgeson would be staying on for a while longer. Baclaan thanked
administration for their work on the CARES Act funding. He looked forward to engaging more
citizens in the business of council.
Seese congratulated everyone for the proclamations tonight;she thanked Dorothy Urbach and
Tim Dillon for their service to the community. She expressed condolences again to John French's
family, and also to the family of Gene Thorn.
Osenga thanked Dorothy Urbach and Tim Dillon for their service,as well as the American
Legion. He thanked the Review Committee for their work on the non-profit allocation. He
appreciated everyone who was working on the Census. Be safe and respect one another.
McClure was pleased that Dorothy Urbach received tonight's proclamation. She thanked
Tim Dillon and the Review Committee for all their work. She was sorry that the resolution she co-
sponsored didn't fit with some people.
Terrythanked the Seward CommunityHealth Center for leadingthe suicide prevention
walk.She thanked the Review Committee.Terry announced on September 16,2020 there would be a
PACAB work session discussing the Interconnect Policy.She also thanked Dorothy Urbach for years
to the community.
ADJOURNMENT
The meeting was adjourned at 9:58 p.m.
/!
l�.
renda J. Ballou, MC 'sty Terry
City Clerk Mayor
''s�gte '1
(City Seal) ,••sq OF SE
ocp
a ® ; SEAL
04
!'F 1: ,• ace`:
,ti•TE OF A ,. 6a
......nsr••