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HomeMy WebLinkAbout06082020 City Council LAYDOWN - 200526 CC Minutes DRAFT City of Seward,Alaska City Council Minutes May 26, 2020 Volume 41, Page x CALL TO ORDER The May 26, 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 Pale Bttt4s Julie Crites comprising a quorum of the Council; and Scott Meszaros, City Manager Brenda Ballou, City Clerk Holly Wells, City Attorney Excused—Butts Absent—None Baclaan objected to city staff being present in the room when members of the public were not allowed. 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: Jesse Groom requested a letter of support from the City of Seward for IL,WU Unit 60 to complete the loading out of the remaining fracking sand into the Alaska Railroad. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Seese) Approval of Agenda and Consent Agenda City of Seward,Alaska City Council Minutes May 26, 2020 Volume 41, Page x Terry removed Resolution 20-043 from the consent agenda, and placed Resolution 20-039 onto the consent agenda, with no objection from council. Main Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2020-036,Authorizing The City Manager To Submit A Municipal Harbor Facility Grant Application To The State Of Alaska Department Of Transportation And Public Facilities (ADOT)In The Amount Of$1,730,000 For The Replacement Of G,K,And L Floats In The Seward Harbor. Resolution 20-037,Authorizing The City Manager To Purchase A Volvo ECR58D Excavator For The Electric Utility Department From Construction Machinery Industrial Using The State Of Alaska's Procurement Process For Competitive Bidding In The Amount Of$73,735,And Appropriating Funds. Resolution 20-038,Authorizing The City Manager To Enter A 60-Month Contract With Axon To Provide Body Cameras,In-Car Cameras,Evidence Storage,And Taser Less-Than-Lethal Weapons For The Seward Police Department In The Total Amount Of $173,360,With An Initial Payment Of$56,424 In The First Year,And$29,234 In The Remaining Four Years Of The Contract,And Appropriating Funds. Resolution 2020-039,Authorizing The City Manager To Enter Into A Contract With Kendall Ford For The Purchase Of One Model Year 2021 Ford Expedition 4x4 Special Service Package Model U1G,And One 2021 Ford F-150 4x4 Police Responder Supercrew Model W1P,With The Total Cost Not To Exceed $115,367,And Appropriating Funds. Resolution 20-040,Authorizing The City Manager To Enter Into A Contract With Municipal Code Corporation (Municode) For The Recodification, Supplementation, And Online Code Hosting Services,And Appropriating Funds. Resolution 20-042,Authorizing The City Manager To Enter Into A Cooperative Agreement With The State Of Alaska Department Of Fish&Game(ADF&G),Division Of Administrative Services, For The Federal Aid In Sport Fish Restoration Act, Recreational Boating Access (BA) Program, For The Purpose Of Designing And Permitting A Replacement Of The Northeast Harbor Launch Ramp. Approval of the May 11, 2020 City Council Regular Meeting Minutes. Appoint the following applicants to the Historic Preservation Commission with terms to expire in May, 2023: Sue Ward, Sherry Dale Furlong, and Tanguy Libbrecht. SPECIAL ORDERS, PRESENTATIONS AND REPORTS City of Seward,Alaska City Council Minutes May 26, 2020 Volume 41, Page x Proclamations & Awards National Historic Preservation Month City Manager Report. 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: $7,929.80 to Rodda Paint Co.for crosswalk and sidewalk paint for Public Works; $6,283.66 to NRC Alaska,LLC for the removal of 1,000 gallons of used glycol at SMIC;$18,099.50 to Rent-A-Can for portable toilets for Parks & Recreation; and, $5,225 to T2 Systems for annual fees for the pay stations for Parks & Recreation. Meszaros said additional updates from the Public Works Department included that the construction on the ADA handicap accessible ramp and parking behind City Hall would start next week,the restrooms on the second floor of City Hall were being finished,and the repairs on Lowell Point Road should be finished in next week or two. Terry wondered what other libraries were doing around the state to re-open. Meszaros said library openings around the state varied. Terry wished to see the library opening progress more rapidly,now that children were out of school. Library Museum Director Valarie Kingsland said they were taking it a week at a time and would re-open incrementally. Baclaan asked about CARES Act funding, specifically what Seward would be receiving. Meszaros said the answer depended upon the legislature;part of the funding decisions was based on how the money was being utilized toward the pandemic. Meszaros said Seward was supposed to receive $5.3 million, funded in three installments. Baclaan was concerned that the Seward Senior Center was facing a$48,000 shortfall and might have to suspend weekend food delivery services due to a lack of funding. Terry said the Seward Senior Center had requested $8,000 from the city; she wondered if council had enough money in the council travel budget to help. Terry wanted to talk about potential alternative locations for holding council meetings; she wanted to start using the Community Room at the library. Meszaros said he thought the governor would be releasing Phase 5 of the state's re-open plan soon.Meszaros wanted to observe the state's recommendations for meetings and be cautious in order to protect the community. Wells said the emergency rules in the recovery plan addressed loosening up the rules to allow for more public attendance. In response to Baclaan, Meszaros said if council directed him to hold a regular meeting without social distancing, he would implement that. Terry thought that adequate public comment opportunity was being allowed currently,but she understood that some people would prefer to attend the meetings in person. Terry added that perhaps the Community Room would allow for people to attend while observing social distancing recommendations,although the meetings would not be able to be broadcast on GCI Channel 9. Osenga wanted to go slow. Seese wondered how many people would miss the cable TV broadcast. Crites concurred with Osenga.Baclaan was disappointed that it appeared to be acceptable to have members of administration in council chambers tonight, but not City of Seward,Alaska City Council Minutes May 26, 2020 Volume 41, Page x members of the public. McClure concurred with Osenga,but also thought that having the meetings on cable TV was important. Council directed the city clerk to bring forward options that would allow for public in-person attendance. City Attorney Report.Holly Wells said her written report was in the packet and she would happy to answer any questions. Other Reports and Announcements Chamber of Commerce Report.Jason Bickling stated that tomorrow,Tim Dillon from the Kenai Peninsula Economic Development District(KPEDD)would be doing a Zoom meeting about the CARES Act funding,and would be answering questions.Last weekend,20 people had visited the Visitors Center each day; many of the calls they were receiving were from people in the lower 48 wondering how things looked and wondering about the two week quarantine mandate. The Silver Salmon Derby booth was being used as a second"Visitors Center"; a photo booth would be set up there next week. Bickling was working with Elle Zernia on the Halibut Derby from June 15-30, 2020. The 4fh of July Festival committee started meeting last week. The Mount Marathon Race committee met last week, and the decision to postpone the race Sunday of Labor Day weekend would be made next week; safety was the first concern. In response to Terry, Bickling said attendance at the chamber's Zoom meetings with various industries had been dropping,so he would be slowing down the frequency of the meetings. Seward Community Health Center Report. Craig Ambrosiani said the first quarterly report for 2020 had been delayed due to C0VlD-19, but was delivered in accordance with the co- applicant agreement.Ambrosiani reported the SCHC had ended 2019 with a$115,000 profit,which was slightly up over 2018. Federal assistance year-to-date had almost offset the SCHC's losses this year. The results of the 2019 financial audit resulted in one finding related to the procurement policy; certain policy language had not been updated with reference to new documentation.The SCHC had a goal of raising$1.2 million to make the north lot shovel-ready for expansion. In response to Terry, Ambrosiani said the SCHC had received three HRSA grants plus three other smaller ones. Unless there was resurgence, Ambrosiani said, the SCHC would make it through the year relatively unscathed from a financial standpoint. Presentations Providence Seward Presentation by Cole White and Robert Rang PUBLIC HEARINGS —None UNFINISHED BUSINESS Items Postponed from Previous Agenda City of Seward,Alaska City Council Minutes May 26, 2020 Volume 41, Page x Discuss re-scheduling the interviews with city attorney firm candidates: Landye, Bennet, Blumstein,LLP and Boyd, Chandler,Falconer & Munson,LLP. This item was scheduled as a Special Meeting on March 17, 2020; the meeting was cancelled due to lack of quorum. The item re- appeared on the April 27, 2020 agenda, and was postponed to tonight. Council directed the city clerk to contact the attorneys and re-schedule the interviews for June 4 or 16, 2020 starting at 11:00 a.m. NEW BUSINESS Resolutions Resolution 20-041, Recommending The Kenai Peninsula Borough Assembly Enact Ordinance 2020-24 Which Would Provide For Vote By Mail Elections, For More Time Between A Regular Election And A Run-Off Election,And To Remove Proposition Statements Motion (McClure/Baclaan) Approve Resolution 20-041 City Clerk Brenda Ballou said the borough had followed through with the recommendations of the Election Stakeholders Group and conducted a feasibility study on moving borough elections to a Vote By Mail System. The results of the study had recently come back, indicating that it would be feasible for the borough to pursue this election option. As a result, the borough had an ordinance before the assembly to move in that direction. McClure said she had been a member of the Election Stakeholders Group,and recommended that council support the borough. She said she was aware that some assembly members were reluctant to approve the ordinance,but stressed that this would be a hybrid vote by mail option and she believed that council should support it. Terry said it was her understanding that there would be considerable start up costs for this project, and Ballou concurred, saying the borough was facing an estimated cost of$500,000 for supplies and equipment for the first year. Ballou said it was unclear what the cost to the city would be, if council chose to take the same route. McClure added that there may be some cost-sharing between the borough and municipalities, but it was unclear what that would look like. Terry said she would vote against this resolution because she thought the timing was concerning for the public, given the current circumstances with the pandemic, and because this wouldn't be effective until 2021. Terry thought there needed to be more education and outreach from the borough to the municipalities. Baclaan understood Terry's concerns,but also wanted to respect McClure's recommendation. In response,McClure said the ordinance would go before the assembly on Tuesday.Baclaan said he would support this resolution, and had been impressed with the increase in voter turnout that the Municipality of Anchorage had experienced. He thought this was the future of voting. City of Seward,Alaska City Council Minutes May 26, 2020 Volume 41, Page x Motion Passed Yes: Baclaan, Crites, Seese, McClure, Osenga No: Terry Resolution 20-043,Authorizing The City Manager To Reclassify The Incumbent Building Inspector(17.5-19.5)To A Range(21-23)And Change The Title To Building Official,And To Establish A New Position Of Building And Fire Inspector(Range 18-20),And Appropriating Funds. Motion (McClure/Osenga) Approve Resolution 20-043 Crites declared a potential conflict of interest because her husband was the Fire Chief.Mayor Terry ruled that no conflict existed. There was no objection from council. Fire Chief Clinton Crites said the Building and Fire Departments had not requested a new position for 30 years. The position of City Engineer was still on the books,but that position had not been filled for 12 years; the role had been taken on by the Fire Chief. Chief Crites thought it was somewhat inappropriate for the Fire Chief to have those responsibilities because the Building Official position had a very specific j ob function which required particular knowledge.To put things in perspective, Chief Crites said one single-family dwelling required no less than 20 separate and particular inspections. Chief Crites said the new position would be responsible for Life Safety inspections,as well as buildings. Under Seward City Code, Life Safety inspections were required to be performed on all hotels,motels,nightly lodgings,and bed&breakfasts.As well,Chief Crites added,inspections were required for all liquor licenses and marijuana licenses.In addition,by law they were also required to do inspections on all assembly, educational, institutional, assisted living, and apartment buildings. The city was trying hard to get permits and inspections done in a timely manner; the Building Inspector was overwhelmed and needed help. In response to Terry, Meszaros confirmed that this new position would not represent a new financial encumbrance on the city for PERS. In response to Baclaan, Chief Crites clarified that the current Building Inspector would become the Building Official, and that position would be heavily tasked with reviewing plans, customer service, and consultations. The new Building and Fire Inspector position would be required to make site visits. Meszaros said some of the previous fire chiefs had been trained as building officials,but that was unusual; the current fire chief was not trained as a building official. As a result, the current building inspector had been receiving acting pay as the city's building official since the departure of the last fire chief. Baclaan recalled that the current building inspector position had received a raise in the last budget cycle, and wondered if this resolution didn't need to have more detailed information. Baclaan also wondered if the fee schedule for inspections was sufficient. In response, Meszaros said the current building inspector was topped out,was receiving 10%external equity, and also 10%acting City of Seward,Alaska City Council Minutes May 26, 2020 Volume 41, Page x pay; when combined, the new position of Building Official would require no additional increase in the salary for that position, but the salary for the new Building and Fire Inspector position would result in an increase to the budget. Motion to Amend (Terry/McClure) Amend Resolution 20-043 by striping the word "vacant" in the 5th Whereas. Motion to Amend Passed Unanimous Baclaan would not support this resolution at this time because he thought the city should revisit the fee schedule for inspections and determine if the some of the costs could be shifted off the tax payers and onto the builders. In response, Chief Crites said they had previously proposed a flat fee for lodging inspections of$100 and had received no support from council at that time. Baclaan recalled that the flat fee of$100 had been brought forward as an application fee, not an inspection fee; later in the process, the Life Safety Inspection fee was created. Terry said she would vote in favor of this resolution because she didn't want any impediment to business and development in the city, but she would be examining the budget closely. Main Motion Passed Yes: Osenga,Crites,McClure,Seese,Terry No: Baclaan Discuss the Kenai Peninsula Borough Planning Commission. Ballou said the borough had passed an ordinance that would be going into effect in August, 2020 that would result in the City of Seward and the City of Soldotna fighting for one seat on the KPB Planning Commission, as one of the home rule seats was being eliminated. The city's current representative was Planning & Zoning Commission Chair Cindy Ecklund who had served as the city's representative since 2009. McClure said it was really important for Seward to have a seat on the KPB Planning Commission. She added that there was also an East Peninsula seat on the commission which was currently held by a person in Cooper Landing. McClure said the borough had made the move to eliminate seats due to cost constraints. She hoped that Cindy Ecklund would reapply, and recommended that council draft a letter to Borough Mayor Charlie Pierce to strongly request that Seward retain a seat on the commission. Seese concurred that Seward should retain a seat and that council should write a letter. Wells stated for the record that she routinely served as a Hearing Officer for the Kenai Peninsula Borough and often had to review appeals for the KPB Planning Commission,but had not reviewed any documentation related to this topic. Meszaros said Community Development Director Jackie Wilde and P&Z Chair Cindy Ecklund were both planning to attend the borough meeting to present to Mayor Pierce. City of Seward,Alaska City Council Minutes May 26, 2020 Volume 41, Page x Motion (Terry/McClure) Direct the city clerk to advertise the vacancy on the KPB Planning Commission with a deadline of June 8, 2020 at 5:00 p.m. Motion Passed Unanimous Motion (Terry/McClure) Direct the city manager or his designee to draft a letter of support on behalf of the City of Seward to accompany the recommendation which demonstrates the City's desire and need to remain on the KPB Planning Commission from the Mayor and Council. Terry said she would be happy to work with the Community Development Director on the specific points to include in the letter. Motion Passed Unanimous Discuss creating a Council Budget Committee. Terry said council had set a goal for the city manager to have a comprehensive mid-cycle budget session; along with the impact of COVID-19 on the budget and the financial questions arising from CARES Act funding,Terry wanted to establish a budget committee quickly. She wished to start meeting as soon as possible, if even for just one hour a week. Baclaan had asked for this committee some time ago,but it kept getting pushed back due to COVID-19. He was pleased to see it come forward, and really wanted to serve on this committee. Crites expressed interest in serving if her schedule allowed. Terry welcomed Crites, but wondered if she planned to continue serving on council through the next term.In response to Terry, Crites said she would be happy to serve as an alternate. Osenga wished to serve, and Terry said she also wanted to be on the committee. Terry stated the committee would consist of herself,Baclaan,and Osenga;Crites would serve as an alternate. INFORMATIONAL ITEMS AND REPORTS On-Going City Project and Goal List CITIZEN COMMENTS—None City of Seward,Alaska City Council Minutes May 26, 2020 Volume 41, Page x COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Meszaros had researched the city's RV camping rates,and had a meeting with the owners of the KOA campground and the Chamber of Commerce; the result of that meeting was a recommendation for the campground owners to talk to council. The Corrections Officer position would be impacted by the city's wage study because it was not competitive. Crites thanked everyone for wearing masks and social distancing. Osenga thanked everyone for the reports tonight. He thanked the volunteers in the community. Although he didn't have a senior graduating, he was impressed with the high school graduation. Seese thanked everyone for coming out for the graduation, and thanked the Electric Department for installing the graduate photos on the light poles. Baclaan enjoyed the senior photos hung around town, and the parade was amazing. He thanked the city manager for his service. He wished everyone who served our country a happy Memorial Day. He was diligently watching CARES Act funding developments. McClure said it was wonderful to hear good news from Providence Hospital. She appreciated the report on new construction from the fire chief. The graduation parade was great. McClure's brother was principal at Kodiak High School; they held graduation in person, socially distanced. She reminded everyone that just because we should still be washing hands and being safe. She had been tested for COVID-19 in preparation for dental work, and said the test was quick and easy and didn't hurt. Terry wondered if the budget committee could look at the camping rates, CARES Act, and the wage study. She thanked the linemen for hanging the student photos,and thanked all the parents who pulled together with the high school staff to create a great graduation. She wanted businesses to be open in a healthy way. She would be interested in opening up the council meetings to include the public, following the social distancing recommendations, if the state moved to Phase 5. EXECUTIVE SESSION Go into executive session to provide an update regarding Homer Electric Association v.CEA. et. al(Bradley Lake Dispute). Go into Executive session to be updated on any and all pending or ongoing litigation. Motion (Baclaan/Seese) Go into executive session to be updated on any and all pending or ongoing litigation, including but not limited to, an update regarding Homer Electric Association v. City of Seward,Alaska City Council Minutes May 26, 2020 Volume 41, Page x CEA. et. al (Bradley Lake Dispute), pursuant to SCC 210.030(A)(3) to include the city attorney and city manager, and following a five minute recess. Motion Passed Unanimous Council recessed at 9:17 p.m. Council resumed at 9:22 p.m. Council went into executive session at 9:22 p.m. Council came out of executive session at 9:53 p.m. ADJOURNMENT The meeting was adjourned at 9:53 p.m. Brenda J. Ballou, MMC Christy Terry City Clerk Mayor (City Seal)