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HomeMy WebLinkAbout08242020 City Council Minutes City of Seward,Alaska City Council Minutes August 24,2020 Volume 41,Page 258 CALL TO ORDER The August 24,2020 regular meeting of the Seward City Council was called to order at 7:00 p.m.by Mayor Christy Terry. OPENING CEREMONY Sergeant Karl Schaefermeyer 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(arrived 7:03 p.m.) Julie Crites (telephonically) comprising a quorum of the Council; and Scott Meszaros,City Manager Brenda Ballou, City Clerk Brooks Chandler, City Attorney Excused—None Absent—None Vacant—One 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: Cheryl Seese opposed Ordinance 2020-011 to rezone to Central Business because the property was located in a historic area. Also, Seese suggested that if a memorial were going to be placed at the site of the Jesse Lee Home, then the Historic Preservation Commission and the Resurrection Bay Historical Society should collaboratively be in charge of gathering public input and bringing forward a recommendation to council. Seese was concerned about the Jesse Lee Home memorial because she was hearing rumors that a decision had already been made to erect a life size bronze statue of Benny Benson, and she believed that the public should have a say in what the memorial would be. City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41, Page 259 Tara Reimer(telephonically)was President and CEO of the Alaska SeaLife Center(ASLC) and was happy to announce that the match program she had announced at the August 10, 2020 council meeting had been a great success—the Seward Community Foundation had already donated 79 matches at $25 each, and there were 21 memberships left under these matching funds. She also announced that Norwegian Cruise Lines Holdings, Royal Caribbean Group, and SSA Marine had kicked off a campaign on August 14, 2020 to match donations, including memberships, up to $100,000; in only eleven days, they had reached the mark. Reimer was grateful for everyone's support. Norm Regis was the Harbormaster and reported that he had researched whether Commercial Passenger Vessel(CPV)funds could be used to help the Alaska SeaLife Center,and reported that the Cruise Line International Association(CLIA)had determined that CPV funds could not be used in that manner. Regis said he had also reached out to the Exxon Valdez Oil Spill Trustee Council,but had not heard back from them yet. On another note, Regis shared the news that JAG Alaska in Seward had received a multi-million dollar contract with the US Navy. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Seese) Approval of Agenda and Consent Agenda Terry added Resolution 2020-068 to the consent agenda with no objection from council. Council Member Crites declared a potential conflict of interest for Resolutions 2020-070,2020- 072, and 2020-073 because she was employed by the Seward Community Health Center. She wished to declare this now and have a ruling so that those resolutions might be added to the consent agenda. Mayor Terry ruled that a conflict existed. Seese added Resolutions 2020-070,2020-072,and 2020-073 to the consent agenda with no objection from council. Seese removed Resolution 2020-074 from the consent agenda. McClure postponed Resolution 2020-071 to the September 14,2020 meeting with no objection from council. Motion Passed Yes: Baclaan, McClure, Seese, Osenga, Terry Abstain: Crites (due to Conflict of Interest) The clerk read the following approved consent agenda items: Ordinance 2020-011,Amending The Zoning Designation Of Lots 3,4-5 And N %2 Lot 6 Block 16 Original Townsite Seward From Multi-Family Residential (R3) To Central Business District (CB). This ordinance was introduced tonight, and will come for public hearing and enactment on September 14, 2020. City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41, Page 260 Resolution 2020-066, Accepting The "Fiscal Year 2020 Assistance To Firefighters Grant Program — COVID-19 Supplemental (AFG-S)" From The U.S. Department Of Homeland Security In The Amount Of$14,491.43,And Approving The 5%Matching Amount Of$724.57 From The Seward Volunteer Firefighter Operating Supply Account Per Grant Requirements, And Appropriating Funds. Resolution 2020-067, Authorizing The City Manager To Enter Into A Contract With Dude Solutions, Inc. For An Online Business License, Permit, And Inspection Portal In The Amount Of$23,134.78, And Appropriating Funds. Resolution 2020-068, Authorizing The City Manager To Replace Utility Line Vehicle Unit 502 With The Purchase Of A 2020 Ford-250 4x4 SD Crew Cab From Kendall Ford Fleet Using The State Of Alaska Procurement Process For Competitive Bidding In The Amount Of $40,640, And Appropriating Funds. Resolution 2020-069,Authorizing The City Manager To Enter Into A Professional Services Contract With The Financial Engineering Company, To Prepare A Rate Study For The Electric Enterprise Fund For An Amount Not-To-Exceed$40,000,And Appropriating Funds. Resolution 2020-070, Approving The 2021 Grant Year Budget For The Seward Community Health Center (SCHC) As Required By The Co-Applicant Agreement Between The City Of Seward And The SCHC. Imo Resolution 2020-072, Accepting Three Grants In The Total Amount Of$724,018 From The Coronavirus Preparedness And Response Supplemental Appropriations Act Under The U.S. Health Resources And Services Administration (HRSA), For The Mitigation Of COVID-19 Effects At The Seward Community Health Center (SCHC), And Appropriating Funds. Resolution 2020-073, Approving A Five-Year Lease Agreement Between The Seward Community Health Center, Inc. (SCHC) And The City Of Seward Beginning On August 24, 2020 And Ending September 30, 2025. Approval of the August 10, 2020 City Council Regular Meeting Minutes. Appoint Katrina Counihan as the city's representative to the Cook Inlet Aquaculture Association for a term to expire in May, 2022. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards — None 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: $9,800 for water line engineering for Public Works; $10,300 for the PARKS playground City of Seward,Alaska City Council Minutes August 24,2020 Volume 41,Page 261 slide and maintenance for Parks&Recreation;$10,500 for a security camera for the jail;and,$7,400 for the design cost estimate for the Heat Loop Project for Public Works. Meszaros introduced new Assistant City Manager Stephen Sowell and welcomed him and his family to Seward. Meszaros expected the refinancing of the Library General Obligation (GO) bonds to be finalized by mid-September. He also reported that the Comprehensive Annual Financial Report (CAFR)was being completed,and he expected the audit results to be finalized for the September 14, 2020 meeting. Interim Electric Utility Manager Cory Borgeson stated the water flow from the Battle Creek Project was expected to produce 37,000 megawatt hours of power,which was equivalent to 5,000 homes. He said the utilities on the Railbelt were excited about that.Borgeson had conducted some research on residential usage and found that the usage inside the city averaged 521 kilowatt hours per month, which indicated that Seward residents were conservative in their use of energy. Outside city limits, Borgeson found the average went up to 641 kilowatt hours per month; he speculated that perhaps the use of pumps in water wells may be responsible for some of that difference. An engineer from EPS had been in Seward for two weeks to settle outstanding work orders for the department, and was confident that the backlog of service requests was being addressed. Borgeson was hiring a temporary field engineer to be in Seward for the fall. He, along with the EPS engineer, had started looking at finishing power to the Camelot subdivision, and he anticipated coming back to council with a plan to make that happen in the near future. Baclaan wondered if the city manager might have a total of what the city charged for grant administration fees and how those fees offset expenses. Terry restated, saying each grant was charged a grant administration fee by the city, and she thought Baclaan was asking for a total amount.Meszaros said he believed a 10%fee was a typical charge.Baclaan followed up and asked if any of those administration fees helped to cover payroll costs; Meszaros would look into that. Terry asked for an update on the tsunami sirens. In response, Meszaros said the Kenai Peninsula Borough Office of Emergency Management (KPBOEM) had repaired the sirens and trained the police dispatchers on how to use it manually; he said there would be a tsunami drill conducted this fall.McClure asked to confirm how the manual override process would work locally. In response,Meszaros said the local dispatchers would have the ability to get on the public address system and deliver local, live messages. Terry reminded everyone that the CARES Act application process closed today at 5:00 p.m. Meszaros said he would be reviewing the non-profit applications with the committee on August 31, 2020.He believed there would be checks ready for the businesses as soon as next week,and wanted to distribute the checks as quickly as possible so he would be handing them out in person rather than putting them in the mail. Terry commended the Chamber of Commerce, Tim Dillon, and the city manager for their work on the CARES Act process.Terry said council could sit as an appeal board, but any appeals would start with the city manager. In response to Seese,Meszaros said if someone had multiple businesses,they would receive funds for only one of those businesses.Baclaan thought City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page 262 the information provided between the application and the Small Business Development Center (SBDC) was confusing, and wished to clear it up; for example, the SBDC required an Alaska driver's license,but that requirement wasn't listed on the city's application. Meszaros said council approved the resolution, which included the application, and the SBDC was a third party hired to process the applications.Meszaros said the city would be reviewing and finalizing the applications. In response to Terry, Meszaros said he expected to receive a list from the SBDC, but not all the accompanying documentation. In response to Baclaan,Terry said appeals would start with the city manager. City Attorney Report.Brooks Chandler said he had been on the job for two weeks and his report in the packet reflected what he had already worked on.He was working with the previous city attorney firm to transfer files,and expected to be turning over some files to the city clerk for records retention. Chandler had reviewed the Memorandum of Agreement between the city and the Alaska Railroad,had provided advice to the city clerk on extending the emergency ordinance,had spent time looking into Jesse Lee Home title issues,and had reviewed the rezone ordinance in tonight's packet. Other Reports and Announcements Chamber of Commerce Report.Jason Bickling(telephonically) said the Silver Salmon Derby was a success,and appreciated all the volunteers and staff;he was glad they were able to hold it.The chamber was starting to focus on off-season activities,as well as planning for next summer. There would be website developments and collateral building which identified several key areas: visitors,marine,hometown,conferences,and a community calendar.The chamber would develop a Visitors Guide,Marine Guide,and Conference Destination Guide as collateral.The Seward Marine Committee would be resuming meetings soon, and Bickling was looking into the possibility of having fireworks for New Year's Eve. Terry commended the Chamber of Commerce for doing a great job. Seward Community Health Center Quarterly Report.Craig Ambrosiani referred to the laydown he provided,and said this quarterly report was part of the SCHC's commitment to the city as part of the co-applicant agreement.For the first six months of 2020,the SCHC was down from the previous year in the number of visits(-13%)and the number of patients seen(-9%).Revenues year to date were down 7%, but there were grant funds from HRSA being used to offset those losses; expenses were also under budget by 12%, so the net result for the first six months was a positive bottom line of$32,000.The SCHC currently had approximately 70 days'worth of cash on hand,and their goal was to have 90 days. Ambrosiani reported that year over year,there had been growth in revenues, all while reducing the funding received from the city each year. Ambrosiani stated the SCHC had 13 out of 15 board members. Regarding the new building project, they had some schematics and were finalizing the layout; they would soon start fundraising with a goal of$1.2 million to get them shovel-ready. Staffing remained stable,with no turnover.Ambrosiani relayed a recent event at the SCHC: a man had contacted the SCHC requesting a COVID test because he thought he had been exposed,and was experiencing some issues.A staff member performed a brief physical on the man while he remained in his vehicle, and was able to quickly diagnose him as having atrial fibrillation,which was a precursor to a heart attack.The man was immediately brought City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page 263 into the clinic to receive emergency treatment.The man was very grateful for the staff at the SCHC and believed they saved his life.Ambrosiani added that the staff at SCHC was doing a great job,and had administered approximately 1,500 COVID tests on approximately 1,200 people. In response to Baclaan's earlier inquiry about grant administrative fees,Ambrosiani said the city did not charge the SCHC any fees for the HRSA grants. The way it worked was the SCHC submitted the receipts for expenses to the city,the city reviewed and approved the expenses,and then reimbursed the SCHC and drew down the grant fund balance. Ambrosiani believed it was against HRSA rules for there to be administrative fees charged on their grants. In response to Terry, Ambrosiani said there were a target number of patients that HRSA wanted the SCHC to achieve each year, but he had not heard of any penalties anticipated for not reaching those goals,especially in light of the COVID pandemic;in fact,HRSA wanted the SCHC to maintain current staff level and services. Ambrosiani shared that he learned today that the Rasmussen Foundation would grant the SCHC$100,000 for a mobile clinic with Telemed services; the SCHC would have to raise an additional $100,000 to cover the entire cost of the vehicle. Baclaan asked if there were any restrictions on getting COVID tests. Ambrosiani said tests could be scheduled anytime during operating hours, and there was no fee. In response to Baclaan, Ambrosiani clarified that Rapid tests were reserved for people with symptoms and who had been in an environment that made it likely to result in a positive result. Presentations —None PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Emergency Ordinance 2020-010,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 50% Capacity Indoors In Response To The Rapid Increase In COVID-19 Cases Within The City Of Seward. Motion (Terry/McClure) Enact Ordinance 2020-010 Terry said she and McClure were bringing this ordinance forward again to extend the health precautions that seem to have been working very effectively. McClure said in the last 30 days, Seward's numbers had been very low; another 30 days of being responsibly cautious was prudent. 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. City of Seward,Alaska City Council Minutes August 24,2020 Volume 41,Page 264 Cheryl Seese opposed the ordinance because she was scheduling a public event at the Branson Pavilion for Seward Founder's Day, and thought there could be between 30 to 40 people present. Lori Landstrom supported this emergency ordinance because she believed it was working well, and had enabled the students to return to school today. She had spoken to two restauranteurs who said the last two weekends they had record sales;she believed they were adapting and making it. Landstrom worked on the slope part time, and her experience there was that they had provisions similar to the ones in this emergency ordinance in order to protect the population. No one else appeared and the public hearing was closed. Crites supported this ordinance for another 30 days. Seese wondered if there was a way to allow the Founders Day event to happen at Branson Pavilion,given that they expected to have 30 to 40 people attend. Terry thought it was within their Constitutional rights to assemble.Baclaan added that up to 50%capacity was allowed,as well,and thought the Pavilion would allow enough space for the event. Motion Passed Unanimous Resolutions Requiring Public Hearing Resolution 2020-064, Authorizing The City Manager To Enter Into A New Lease With Joseph Tougas For Lot 4, Block 3, Fourth Of July Creek Subdivision, Seward Marine Industrial Center,Kenai Peninsula Borough,Plat No.97-27 Seward Recording District,Third Judicial District, State Of Alaska. Motion (McClure/Osenga) Enact Resolution 2020-064 Harbormaster Norm Regis said this land was previously leased,but came back to the city. Tougas had approached Regis last year expressing his interest in leasing it. 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. No one appeared and the public hearing was closed. Motion Passed Unanimous Resolution 2020-065, Authorizing The City Manager To Enter Into A New Lease With Joseph Tougas For Lot 5, Block 3, Fourth Of July Creek Subdivision, Seward Marine Industrial Center,Kenai Peninsula Borough,Plat No.97-27 Seward Recording District,Third Judicial District, State Of Alaska. Motion (McClure/Seese) Enact Resolution 2020-065 City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41, Page 265 Harbormaster Norm Regis said this property was immediately adjacent to that in the previous resolution,and Tougas was interested in leasing this area, as well. Regis said Tougas mayINJ be interested in erecting a building on this property in the future, and would go to the Planning& Zoning Commission for approval when he was ready to start that process. 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. No one appeared and the public hearing was closed. Motion Passed Unanimous UNFINISHED BUSINESS—None NEW BUSINESS Resolutions A laska R ailro ad !"'....... ration (A RRC) A�a The City Of C,,.[,ard A 11+horizing The Cit.. To eau Jammu l�Nall Vslu a.va j.sva sl[ava■ tr>,a�i«.� [zn , f A t The Cruise Ship Terminal And Dock Using Grant Funds Awarded To The City Through A !l[ I ll{.�l YlJ{.fill■IJ 1 l.1 a[L a[qI I-iI[�f-17 . This item was postponed to September 14, 2020. Resolution 2020-074,Authorizing The City Manager To Enter Into A Contract With Coldfoot Environmental Services Inc.For The Hazardous Material Removal,Salvage Of Materials,And Site Demolition At The Site Of The Jesse Lee Home Located At Jesse Lee Heights Subdivision Addition No.4, Lots 15A And 15B,City of Seward, In The Amount Of$484,940, Plus A 10% Contingency, And Appropriating Funds. Motion (McClure/Osenga) Approve Resolution 2020-074 Meszaros said there were two proposals received, and they had been graded by five staff members; Coldfoot Environmental was selected. Seese had heard there might be an issue with the title of the property. In response,Chandler said the original Purchase and Sale Agreement transferred title to the Friends of the Jesse Lee Home, subject to certain conditions, and included a reversionary clause. This meant that if the conditions were not met,the ownership automatically reverted back to the city.The deed still listed the Friends of the Jesse Lee Home, and the city requested the Friends to sign a quit claim,but the Friends of the Jesse Lee Home declined, alleging they had been denied access to the property which disallowed them to accomplish their work.Chandler said,as it appeared to him,the title had reverted to the City of Seward. The city had demonstrated by their actions that they owned the property, specifically when they erected a fence to control access to the property. What remained to be done, in his City of Seward,Alaska City Council Minutes August 24,2020 Volume 41,Page 266 opinion, was to have the borough record that the property ownership had reverted to the city. Chandler said,in relation to the resolution under consideration,the risk of the city moving forward with the demolition, in the face of the Friends saying they still owned the property and thereby potentially getting into a messy legal situation, was relatively slight. Motion Passed Yes: Crites, McClure, Osenga, Baclaan, Terry No: Seese INFORMATIONAL ITEMS AND REPORTS July, 2020 City and Providence Financials. 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: Cheryl Seese (telephonically) thanked council for listening to her comments and for their 111 service. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Meszaros welcomed Sowell and Chandler. Osenga welcomed Sowell and Chandler. He thanked Terry and McClure for bringing forward the emergency ordinance tonight. Osenga thanked the Chamber of Commerce for a good Silver Salmon Derby;he was sorry he didn't fish in it. He wanted everyone to be safe. Baclaan fished the Derby and caught a big, fat nothing; he thanked the chamber staff and volunteers.He congratulated Lynda Paquette's grandson on winning prizes in the youth category,as well as coming in second place overall. Baclaan thanked all the businesses and non-profits for applying for the CARES Act funding with the city;the money was intended to get out into the hands of the community.He welcomed Sowell,and was looking forward to having a productive winter.He welcomed Chandler, and commended Borgeson for doing a great job. Crites welcomed Sowell.She thanked council for passing the emergency ordinance tonight, and said the community was doing a great job keeping the virus at bay. Seese congratulated John Paul Paquette,Jr. for his success at the Silver Salmon Derby. She hoped there would be more money to give out in the second round of the CARES Act funding process. She welcomed Sowell and Chandler, and thanked Regis for the new dumpsters. City of Seward,Alaska City Council Minutes August 24, 2020 Volume 41,Page 267 McClure welcomed Sowell. She thanked Katrina Counihan for her interest in Cook Inlet Aquaculture Association (CIAA); her credentials were outstanding. She was looking forward to attending the non-profit review committee meeting so she could say yes to all the applications. Founder's Day would be this Friday; as president of the Resurrection Bay Historical Society (RBHS), and under the current pandemic, McClure announced the museum would be open from 1:00-5:00 p.m.on Friday,there would be a large card for everyone to sign,and a new Rockwell Kent exhibit to see. There would also be an event at 3:45 p.m. in Branson Pavilion. Terry appreciated the comprehensive packet tonight. She appreciated Cheryl Seese's comments about having the Historic Preservation Commission and RBHS involved in the monument at the Jesse Lee Home.Terry commended the fire department for putting out the boat fire at SMIC over the weekend. She said today was the first day of school;because the community was doing so well managing the virus, students were able to attend school in person. Terry credited the borough mayor for repairing the tsunami sirens, thanked the chamber for a great Silver Salmon Derby, and welcomed Sowell and Chandler. EXECUTIVE SESSION Per SCC 2.10.030 (b) (2), go into executive session to discuss matters involving the working relationship between the City Manager and the City Clerk,which if discussed in public could tend to prejudice the reputation of a person. Terry requested that the executive session not be held tonight.She said she was working out a different internal process,and wished to take a different route;she may call for an executive session at a later date. There was no objection from council. ADJOURNMENT The meeting was adjourned at 8:34 p.m. 4it/ rends J. Ballou, C Christy Terry City Clerk ,,,,,,,•••as Mayor .•y OF Setts (City Spa. • GoitPOl� • �p . Jam? BOOt. : • I SEAL 1• • q. . . ti•.j • P 4#* OF ASPS••'. "...........o`�