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HomeMy WebLinkAbout12142020 City Council Minutes City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 325 CALL TO ORDER The December 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 Tony Baclaan John Osenga Liz DeMoss Sharyl Seese(telephonically) Ristine Casagranda(telephonically) comprising a quorum of the Council; and Norm Regis, Acting City Manager Brenda Ballou, City Clerk 111 Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Becky Dunn(telephonically)was responsible for getting the council meetings on KIBH-FM 91.7, as well as the borough assembly meetings. She volunteered for this responsibility, and appreciated everyone on council for their service.She expressed frustration about not being notified when council went back on the record following an executive session;she also wished to be notified when there was a problem with the radio equipment. Micheley Kowalski requested that additional CARES Act funds be distributed to the Seward Prevention Coalition so they could continue helping local residents with paying household bills. Sol DeMoss expected the city to cut expenses and use reserves,just as small businesses had done, to get through the pandemic. He wanted the additional CARES Act funds to be disbursed to small businesses and non-profits. Katie Cornwell(telephonically)requested that some of the additional CARES Act funds be allocated to the Seward Prevention Coalition.Following the first allocation of funds,the applications received in the first 24 hours by the Seward Prevention Coalition from households requesting assistance exceeded the funding amount available;there were many households remaining that still a City of Seward,Alaska City Council Meeting Minutes December 14,2020 Volume 41,Page 326 needed assistance. Cornwell said the household assistance program that the Seward Prevention Coalition ran paid bills directly on behalf of citizens,so 100%of the funds went directly to paying utility bills,mortgages,etc.and the Coalition received none of the funds towards their own operating costs. Kevin Lane was a business owner who had been deeply affected by the pandemic. He had exhausted his own reserves, received PPP funding, and shuttered one of his restaurants for the winter; he still had to take out loans in the hope of re-opening the restaurant in the spring. He implored council to distribute the remaining CARES Act funds to local small businesses and non- profits. Carol Griswold(telephonically)supported the introduction of Ordinance 2020-015 to rezone the Jesse Lee Home property to Park. She was, however, concerned about the recent article in the Seward Journal which quoted former city manager Jim Hunt as saying the rezone would go against the grant funding requirements, and hoped this would be addressed. Separately, Griswold was hopeful that any additional CARES Act funds would be distributed to businesses that may not have previously received funding. Dana Paperman (telephonically) was the director of the Seward Senior Center. She requested to receive additional CARES Act funding so the meal program for seniors could continue, as there had been an increased demand for it during the pandemic and she expected the demand to continue. Tim McDonald encouraged council to create a community center on the site of the Jesse Lee Home for all the children to use. Suzi Towsley supported giving the additional CARES Act funds to the Seward Prevention Coalition so they could help local households pay their bills. APPROVAL OF AGENDA AND CONSENT AGENDA Motion(Baclaan/McClure) Approval of Agenda and Consent Agenda Terry removed Resolution 2020-094 from the consent agenda. Baclaan removed the introduction of Ordinance 2020-015 from the consent agenda. Seese removed Resolution 2020-096 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2020-093,Extending The City's Current State Of Emergency In Response To The Coronavirus (COVID-19)Outbreak,And Requesting State And Federal Relief Assistance. City of Seward,Alaska City Council Meeting Minutes December 14,2020 Volume 41,Page 327 Resolution 2020-095,Urging The Alaska Legislature And Governor Dunleavy To Fully Fund The Municipal Harbor Facility Grant Program In The FY 2022 State Capital Budget. Approval of the November 23,2020 Regular Meeting Minutes. Approval of the December 3,2020 Special Meeting Minutes. Discontinuing the practice of reporting Public Records Requests. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations & Awards Recognizing the 50th Anniversary of the Seward Marine Center in Seward Kenn Carpenter did not provide a report. City Manager Report.Acting City Manager Norm Regis reported the following purchase orders between$5,000 and$30,000 had been approved by the City Manager since the last council meeting: $13,645 for laptops for remote operations; $42,090 for emergency repairs at the Lowell Point Sewage Lagoon; and, $28,570 for emergency repairs at the Lowell Point Sewage Lagoon. Regis said he reached out to the Alaska Department of Transportation(DOT)requesting that the city be notified when the Seward Airport was being closed for snow removal or any other issues; Regis said they agreed to notify him of any closures. Baclaan wondered if the vacant position for executive assistant in the Parks & Recreation Department might not be filled in order to save money. In response,Regis said that position would be filled because it was critical to preparing for opening in the spring. Baclaan congratulated City Clerk Brenda Ballou on behalf of council for being elected 1`` Vice President of the Alaska Association of Municipal Clerks. In response to Seese,Regis said the barge company that damaged the city's dock would pay for the lumber and the city would contribute labor; it was a combined effort to make the repairs. Casagranda was trying to understand the total amount of CARES Act funds the city had received, and wanted a complete report on where the funds had been spent. Other Reports and Announcements Alaska Municipal League (AML) Conference reports from council members who attended classes via Zoom. City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 328 Seese, Casagranda, Osenga, McClure, and Baclaan did not attend. DeMoss attended the Newly Elected Officials(NEO) training. Terry attended some of the NEO classes,and particularly liked the Roles&Responsibilities of Municipal Officers class. She also attended the Hotwash on Municipality Pandemic Response class,Managing a Capital Improvement Projects List,Evaluating Managers,and Leading Through Change, among others. Terry said the classes were available online. Presentations US Coast Guard homeporting Fast Response Cutter(FRC) at the Seward Marine Industrial Center(SMIC) by David Brumley. PUBLIC HEARINGS Emergency Ordinance for Public Hearing& Enactment Ordinance 2020-014,Temporarily Adopting City Council Emergency Regulations Requiring Facial Coverings Inside Buildings Open To The Public When Six Feet Of Distance From Other Individuals Cannot Be Maintained In Response To The Rapid Increase In COVID-19 Cases Within The City Of Seward. Motion (Baclaan/McClure) Enact Emergency Ordinance 2020-014 Regis stated that this emergency ordinance was coming to council because the current mask mandate would expire on December 25, 2020, and he thought it prudent to extend the mandate. 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. Lori Landstrom applauded council for extending the mask mandate. She was a healthcare provider, and firmly believed that wearing masks helped mitigate the spread of the virus. No one else appeared and the public hearing was closed. Seese was pleased that this ordinance was coming forward. Motion to Amend (Casagranda/DeMoss) Amend Emergency Ordinance 2020-014 by striking"60 days"and replacing it with"30 days". Casagranda was hopeful that there wouldn't be a need to have a mask mandate for 60 days, but if necessary council could bring back another extension. DeMoss and Seese concurred. City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 329 Osenga thought 60 days was acceptable,and if things turned around with the virus,council could simply remove the mandate. McClure concurred. Motion to Amend Failed Yes: DeMoss, Casagranda,Seese No: Baclaan, Osenga,McClure,Terry Terry said she wanted to see all the students going back to school full-time,and if wearing a mask would help that happen,she was willing to do her part. She believed a mask mandate was the least restrictive measure that could be taken,under the circumstances. Main Motion Passed Unanimous UNFINISHED BUSINESS—None NEW BUSINESS Ordinances for Introduction Ordinance 2020-015,Amending The Land Use Plan And Rezoning Lots 15A And 15B Of Jesse Lee Heights Subdivision Addition No 4, With The Physical Address Of 101 & 105 Benson Drive, From Multi-Family Residential(R3)To Park(P). Motion (Baclaan/McClure) Introduce Ordinance 2020-015 Community Development Director Jackie Wilde said the Planning&Zoning Commission was bringing this ordinance forward.Wilde reassured council that rezoning this property to Park was in keeping with the grant documents,and there was no requirement to make the property commercial as was suggested earlier.Wilde said she had conducted a survey to obtain feedback from the public on what they wished to see happen with the property,and those results were included in the packet. Casagranda asked for confirmation that a Community Center would be allowed on this property if it were rezoned as Park.In response,Wilde confirmed that a Community Center would be allowed with a Conditional Use Permit(CUP). Casagranda and Baclaan both expressed concerns that this rezone seemed to be moving very quickly,and wondered if it would be better to slow things down. In response,Wilde said the grant funding came with the deadline of June 30,2021;the ownership transfer process with the Friends of the Jesse Lee Home, along with inclement weather, had delayed the project, and the process of obtaining a CUP could take up to three months. In response to DeMoss,Wilde said the grant funds had to be spent,not just committed,by the deadline;the project was estimated to cost over$400,000, but Wilde did not have an exact figure of what was spent to date because the city had not yet been invoiced. Motion Passed Yes:Seese,Osenga,Baclaan,McClure,Terry No: Casagranda, DeMoss City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41, Page 330 Resolutions Resolution 2020-094,Accepting CARES Act Grant Funds In The Amount Of$1,336,006 And Distributing Half To Businesses That Received Round One Grant Funds Previously And Half To Cares-Eligible City Of Seward Payroll, And Appropriating Funds. Terry passed the gavel to Vice Mayor Baclaan and declared a potential conflict of interest because she worked for the Alaska Railroad, and the Alaska Railroad had received Federal CARES Act funding to be used for pre-planned infrastructure improvements. Vice Mayor Baclaan ruled that no conflict existed and returned the gavel to Mayor Terry. Seese declared a potential conflict of interest because she was an investor in one of the businesses that had previously received CARES Act funding from the city. In response to Terry, Seese said her investment would not be impacted in any way if the business received additional CARES Act funding or not. Mayor Terry ruled that no conflict of interest existed. Casagranda declared a potential conflict of interest because she owned a business that would benefit financially from receiving additional CARES Act funding.Mayor Terry declared that a conflict existed,and Casagranda(attending telephonically)was asked to remain silent until the resolution was completed. Baclaan objected to the ruling because he believed there were enough businesses included in the funding pool as to make any single business owner's interest negligible. In response to Terry, City Clerk Brenda Ballou read the city attorney's opinion: "Council members that own businesses designated to receive funds have a substantial financial interest and should not participate in the consideration of the resolution. Council members employed by a business designated to receive funds do not have a substantial financial interest and should not disclose their connection to the business.A council member whose adult family member owns a business that will receive grant funding does not have an indirect financial interest, unless the council member is dependent upon the family member for financial support.Whether a council member who has loaned money to a business designated to receive funding has a substantial financial interest depends on the relationship between the receipt of grant funds and the loan repayment." Baclaan deferred to the city attorney's opinion and withdrew his objection. The mayor's ruling of a conflict stood. DeMoss declared a potential conflict of interest because she owned a business that would benefit financially from receiving additional CARES Act funding. Mayor Terry ruled that a conflict existed and DeMoss was asked to remain silent until the resolution was completed. Motion (Baclaan/McClure) Approve Resolution 2020-094 Terry said everyone wanted to distribute these funds in the most beneficial way possible. Regis said these funds needed to be spent before the end of the month. He was hoping to use some funds for the city because, in looking ahead at next year,he thought the city would be hurting financially: there would be no Commercial Passenger Vessel (CPV) funds in 2021, the cruise ship City of Seward,Alaska City Council Meeting Minutes December 14,2020 Volume 41,Page 331 schedule for 2021 was still unknown, the city was expecting to put the wage study in effect very soon,and there were some water and wastewater infrastructure issues that would be coming up soon as well. Seese was concerned for businesses that had applied to the state for funding,but were denied because funding had run out. In response,Acting Finance Director Sam Hickok said all qualified businesses that had applied with the city had received grant funding. Baclaan appreciated Seese's concerns for those businesses, but he didn't think it would be possible to conduct an application process for those particular businesses in a timely manner. Motion to Amend (Baclaan/) Amend Resolution 2020-094 by accepting the substitute resolution brought forward by Baclaan. Motion died for lack of second. Motion to Amend (Baclaan/Terry) Amend Resolution 2020-094 in the title by changing the words to read, "...and distributing $1,000,006 to businesses that received Round One grant funds previously, $307,000 to the Seward Prevention Coalition for the Neighbors Helping Neighbors Program, and $29,000 to the Seward Senior Center..." In response to Baclaan,Hickok said the city would likely end the year breaking even.Baclaan thought a break even for the city would be a win, even if no money could be added to the reserves account.McClure was torn between the competing interests for this funding because all causes were worthwhile. Osenga was cautious and wanted to preserve the financial health of the city,as well as the local businesses.Terry was concerned about other non-profit agencies that were not included in this amendment. Motion to Amend Failed Yes: Baclaan No: Osenga, Seese, McClure,Terry Motion to Amend (Seese/ ) Amend Resolution 2020-094 by accepting the substitute resolution brought forward by Seese. Motion died for lack of second. Motion to Amend(Terry/Baclaan) Amend Resolution 2020-094 in the title by changing the words to read, "...and distributing $1,000,006 to businesses that received Round One grant funds previously City of Seward, Alaska City Council Meeting Minutes December 14, 2020 Volume 41, Page 332 and $336,000 to previously-funded non- profits..." Terry thought there were a great number of non-profits that were working to help citizens. Motion to Amend Passed Yes: Baclaan, Seese, McClure, Terry No: Osenga Motion to Amend (Terry/Baclaan) Amend Resolution 2020-094 in the last Whereas to read, "...based on the amount of$1,000,006 for business allotment,award amounts are as follows: Tier 1 - $960.31, Tier 2-$3,201.04,Tier 3-$6,402.09,Tier 4 - $9,603.13, and Tier 5 - $12,804.17." Motion to Amend Passed Yes: Baclaan, McClure, Seese, Terry No: Osenga Motion to Amend (Terry/Baclaan) Amend Resolution 2020-094 by striking the 46 Whereas completely, and in the 5`h Whereas strike the words "remaining half of the balance of$668,003" and replace it with "$1,000,006." Motion to Amend Passed Yes: Seese, Baclaan, McClure, Terry No: Osenga Motion to Amend (Baclaan/Terry) Amend Resolution 2020-094 in Section 2 by changing it to read, "The $1,336,006 amount will be divided as follows: $1,000,006 to Pass-Thru Payments account no. 80081-0000-7809 for business grant allotments...of the first Business CARES Grant Program,and$336,000 appropriated to Pass-Thru Payments account no. 80083- 0000-7809 for previously-approved non- profits." Motion to Amend Passed Yes: Seese, Baclaan, McClure, Terry No: Osenga Motion to Amend (Terry/McClure) Amend Resolution 2020-094 in the title by changing it to read, "...accepting Kenai Peninsula Borough CARES Act grant r City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 333 funds in the amount of$1,495,170.49 and distributing..." Motion to Amend Passed Unanimous Motion to Amend (Terry/McClure) Amend Resolution 2020-094 in Section 1 by striking the dollar amount of"$1,336,006" and replacing it with"$1,495,170.49 to state grant revenue account no.80083-0000-4251 and appropriate to Pass-Thru Payments account no. 80083-0000-7809." Motion to Amend Passed Unanimous In response to Terry, McClure said the original members of the Non-Profit Review Committee were herself, Clare Sullivan,Tim Dillon, Kim Reierson, and Hillary Bean. Motion to Amend (Baclaan/Terry) Authorizing the Non-Profit Review Committee to meet and allocate the non- profit disbursements up to the amount of $336,000,and if the committee is unable to meet, the funds will be distributed in the same proportions as before. Terry would support this measure, but wanted to be assured that the final disbursement amounts were recorded in legislative history. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Council Members Casagranda and DeMoss returned to the dais. Resolution 2020-096,Prohibiting City Of Seward Employees From Bringing Pets To Work Or From Having Pets In Any City-Controlled Building Or Premises, With The Exception Of Service Animals For Persons With Disabilities. Motion (Terry/McClure) Approve Resolution 2020-096 Regis said this policy would apply only to employees, not the public. Assistant City Manager Stephen Sowell said that this policy came about at the request of the city's insurance company,AML/JIA, following an incident where an AML/JIA insurance adjuster was bitten by an employee's dog when onsite in a city building. City of Seward,Alaska City Council Meeting Minutes December 14, 2020 Volume 41,Page 334 Seese asked for clarification about the Americans with Disabilities(ADA)Act requirements for service animals. In response, Sowell said an employee would not be required to furnish documentation about themselves or their disability, but would be required to have all appropriate documentation about the service animal on file with the city. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS October, 2020 City and Providence Financials November, 2020 City and Providence Financials Deputy City Clerk's Report on Public Records Requests through December 8, 2020 Announcing the Sister City Video Project from the Japanese Consulate in Anchorage City Clerk Brenda Ballou installed as Pt Vice President of the Alaska Association of Municipal Clerks Launching Zoom for City Council Meeting& Work Sessions CITIZEN COMMENTS Becky Dunn said the radio broadcast was slightly delayed,so she would appreciate receiving notifications about council meeting start and stop times. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Regis was pleased that the businesses in Seward would be receiving additional financial support. He congratulated the city clerk. Sowell wished everyone happy holidays, and hoped for a better 2021. Seese congratulated the city clerk. She felt that council accomplished a lot of work tonight. She wished everyone a safe and healthy Merry Christmas. Casagranda congratulated the city clerk.She wished everyone a Merry Christmas and Happy New Year. She was looking forward to a new year. Casagranda was very concerned about her inability to easily research and clearly track the CARES Act funding monies received and spent by the city in legislative history; she was disappointed in the lack of clarity presented in tonight's resolution. City of Seward,Alaska City Council Meeting Minutes December 14,2020 Volume 41,Page 335 Osenga congratulated the Seward Marine Center on their 50th Anniversary.He appreciated Becky Dunn and everyone at KIBH-FM 91.7 for broadcasting the meetings on the radio. He was looking forward to homeporting the US Coast Guard Fast Response Cutter.Osenga congratulated the city clerk. He wished everyone a safe and happy holiday and new year. DeMoss thanked Baclaan and Seese for bringing forward substitute resolutions for consideration; she appreciated the time and work they put in. She thanked administration for their work,but also expressed concerns about the lack of transparency of the CARES Act funding. She appreciated how accessible and responsive Regis and Sowell were.She congratulated the city clerk. Happy Holidays. McClure congratulated the city clerk, and the SMC for their 50 years in Seward. She said this Tsunami Ocean Science Bowl would be held virtually this year. She looked forward to meeting with the Non-Profit Review Committee;it was one of the best committees she had participated on. McClure wished everyone a Merry Christmas, and hoped everyone would enjoy the fireworks on New Years' Eve. Baclaan thanked everyone in the public who provided comments tonight;he thought it was important for every citizen to participate in government.He thanked Becky Dunn for providing radio coverage. Baclaan appreciated administration for being so accessible and responsive. He congratulated the city clerk.Baclaan congratulated Deputy City Clerk Jessica Stallard on the birth of her baby girl. He reminded everyone about the Light Up The Night event on December 20, 2020. Merry Christmas and Happy New Year. Terry commended the Parks&Recreation Department for the drive-in movie event;they did a great job and hoped they would do it again. She expressed condolences to the family of Todd Brewer who passed away due to COVID-19.Merry Christmas,Happy Hanukkah,Happy Kwanzaa, and Happy New Year.Terry stated that administration would be coming back to council in January with a complete and thorough report of all CARES Act funding the city had received and spent, down to the penny; Regis confirmed. ADJOURNMENT • The meeting was adjourned at 9:42 p.m. 1 eleni Brenda Ballou C 'st Terry City Clerk ���,,,.�.,��� Mayor ••••4 OF SFiti�''.. (City Seall1�G>�:Swaoiti•A)% • • r • • r • ; SEAL I • E. d j c y+4OFA` 'os