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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••