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HomeMy WebLinkAbout04102017 City Council Minutes City of Seward,Alaska City Council Minutes April 10, 2017 Volume 40, Page 204 CALL TO ORDER The April 10,2017 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Lieutenant Doreen Valadez led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda Dave Squires Sue McClure Deborah Altermatt comprising a quorum of the Council; and Ron Long, Acting City Manager Will Earnhart, City Attorney Johanna Kinney, City Clerk Absent—Erik Slater CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING John Moline stated there was conflict between nighttime operations at Safeway and neighboring residents and businesses. He had called the Seward Police Department several times regarding the noise when Safeway was having their parking lots cleaned after hours.Moline did not have an issue with necessary snow removal,but more with the spring sweeping and cleaning.He had lost income with his lodging business due to this practice during unacceptable time frames. Lynda Paquette stated these were challenging times globally,and on state and city levels. She recommended a book titled The Four Agreements by Don Miguel Ruiz that shared the following tools:always do your best,be impeccable with your word,don't take anything personally,and don't make assumptions. Kenn Carpenter, Assembly Member representing areas including Seward, noted recent happenings with the Kenai Peninsula Borough. By Unanimous Consent, Council suspended the rules to allow questions. City of Seward, Alaska City Council Minutes April 10, 2017 Volume 40, Page 205 Keil asked Carpenter about his recent vote against the marijuana establishments,presumably based on personal objection. Carpenter clarified he voted against this measure not for personal reasons, but because he was not getting answers to his questions. He felt the media captured that inaccurately and thanked Keil for the opportunity to clarify. McClure asked Carpenter for an update on the invocation issue at the assembly. Carpenter stated there was currently a lawsuit filed against the Kenai Peninsula Borough by the American Civil Liberties Union (ACLU)and he hoped the borough would continue to work on this issue to find a solution that everyone could agree on. Council went back on the rules. Suzi Towsley noted she was posting city events on her Facebook page. She hoped tonight was full of useful dialogue and hopefulness. Parks and Recreation Director Karin Sturdy stated the city's Easter Egg Hunt was moved to the Alaska SeaLife Center. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Keil moved Resolution 2017-020 to the consent agenda, and there was no objection from council. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the March 13,2017 and March 28,2017 Regular City Council Meeting Minutes. Resolution 2017-020, Accepting Funds For A Certified Local Government Grant Award In The Amount Up To$2,000 To Develop The Seward Historic Preservation Plan,Including Up To $1,200 In Federal Share And Up To $800 In Non-Federal Share And In-Kind Contributions, And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards National Telecommunicators Week April 9-15, 2017 National Library Week April 9-15, 2017 We Love Us Proclamation City Manager Report.Assistant City Manager Ron Long stated there were no purchase City of Seward,Alaska City Council Minutes Apri110, 2017 Volume 40, Page 206 orders authorized since the last meeting between$10,000 and $50,000. Long stated administration was reexamining the timeline for the electric meter exchange project and was now looking at alternate dates,emphasizing the city wanted to do this project well rather than quickly. He noted the city's audit schedule was included in the manager's report in council's packet. Long announced the State had awarded the city's road project bid to Knik Construction, so the city would be working to add their additional pieces in to the scope of work. Long stated that, regarding noise ordinances, there was a provision in code for the City Manager to grant a waiver to allow breaking the ordinance, but it had to be specific to time and place. It was not a blanket waiver, and in the past they had issued waivers for lot sweeping to Safeway. Any other activity not accompanied by a waiver was a violation. McClure requested from administration that when the power went out to please send an email to council letting them know the cause.They received many calls and McClure wanted to be able to have some response. Squires asked Long if they could put out a public notice on these types of noise waivers. Casagranda asked about the Historic Preservation grant that was on tonight's agenda, specifically about the procurement process to seek someone to edit the Historic Preservation Plan. Long said staff and the Historic Preservation Commission wanted to get this grant moving quickly and noted the resolution preauthorized the acceptance prior to application.An informal quote process on the administrative side would be performed in addition to developing the scope of work. City Attorney Report. Will Earnhart said the city's brief on the Orion Litigation was almost finished and he felt optimistic the decision would be upheld. They continued to advise and participate in negotiations to protect the City's interests regarding the Bradley Lake agreements.The Attorney provided advice and work on lease assignments and working on land use guidelines for land procedures. His firm was going through about 50 boxes of city documents inherited from the old firm. Earnhart noted he provided to council some old articles on strong manager form of government and the role of mayor in this form of government. He finished with a comment to the public: the role of the attorney was to advise on legality. Unless the council had asked him to perform an investigation,it was his responsibility to take facts as presented and advise on the facts alone. He was not here to voice an opinion on who was right or who was wrong, and they were working through the issues of what was administrative or legislative. Casagranda said because the body had decided no one council member could contact the attorney directly, she presented a memorandtim to the attorney in response to a recent attorney opinion. She also provided a confidential memorandum to the attorney. Other Reports, Announcements and Presentations—None PUBLIC HEARINGS—None UNFINISHED BUSINESS—None City of Seward,Alaska City Council Minutes April 10, 2017 Volume 40, Page 207 NEW BUSINESS Resolution 2017-021,Authorizing The Purchase Of A Dodge Ram 2500 ST From Anchorage Chrysler For A Net Price Of $31,200.00 And The Purchase Of Installed After-Market Operating Equipment From Quality Equipment Sales And Service For$8,184.00 For A Total Cost Of$39,384.00 For The Electric Department. Motion (Keil/Casagranda) Approve Resolution 2017-021 Long noted for this resolution,administration was using two pieces of procurement code:the state bidder's list to procure the vehicle, and solicited quotes for the additional pieces needed to accompany the vehicle. Electric Utility Manager John Foutz said this vehicle was one of the oldest in the city's fleet. It was down for maintenance at the moment. He added they were upgrading to a four-wheel drive truck. Squires commended Foutz for including all the lights and safety equipment on the vehicle. He noted he would like the city to not always utilize the state bid list,sometimes it was advantageous to solicit bids. In response to Casagranda,Foutz said the truck needed to be four wheel drive in order to go off road to access the Transmission Line.He added the crews needed to have secure storage area,and it ended up being more economical to have an extended cab for storage rather than to purchase tool boxes. Motion Passed Unanimous Resolution 2017-022, Authorizing The City Manager To Enter Into An Agreement With Frontier Directional Drilling Specialists, Inc. To Provide Directional Boring Services To Relocate Two Primary Electric Supply Circuits From Poles Mounted Along Third Avenue, Adjacent To The Lagoon,And Two Additional Locations In Old Mill Subdivision And Seward Marine Industrial Center (SMIC), Plus 10% For Contingencies, For An Amount Not To Exceed $399,375.20, And Appropriating Funds. Motion (Keil/Casagranda) Approve Resolution 2017-022 Foutz said this project was to replace old lines.The poles were beyond their life expectancy. They would require less voltage which would erase the need for bird diverters. He added the city could give the opportunity for other lines to continue on the existing poles or go elsewhere. Motion Passed Unanimous Other New Business Items City of Seward,Alaska City Council Minutes April 10, 2017 Volume 40, Page 208 Schedule a work session to review executive session procedures. Council set this work session for Monday,May 8,2017 at 5:30 p.m. Discussion of 2014 City of Seward nepotism memo and interpretation of Interference in Administrative Services. Keil read the nepotism policy into the record. Keil read the City Clerk's interpretation of administrative services into the record. Earnhart said it would be good for the City Manager to look at keeping employees from following council members as well.Regarding recent allegations of city employees living together, the employees in question were not in the supervisory chain of command and were not in the chain of nepotism except when the Finance Director was placed in acting status.He did not feel there was a violation of the nepotism policy. INFORMATIONAL ITEMS AND REPORTS Planning and Zoning Commission Quarterly Report. City Clerk Procedural Memo on making motions,primary amendments, and secondary amendments. On-going City Project and Goal List. COUNCIL COMMENTS Casagranda congratulated Jim Woodside for being Seward's first roving vendor and was excited to try his smoked dips and sauces on the streets this summer. It was a great opportunity to start a business as a comprehensive plan contractor, she felt. Altermatt thanked everyone for coming to the meeting tonight and noted that feedback was good. She encouraged the public to please contact the council and communicate their concerns. McClure reminded the public the Kenai Peninsula Borough Assembly would be in Seward on April 18,2017. Committee meetings started in the afternoon that day. There was also a meeting that evening for the proposed Snow River Hydroelectric Dam Project which was taking place in Moose Pass. She wished everyone a Happy Easter. Squires thanked the street department for temporarily fixing the potholes at Hemlock. He wished everyone a Happy Easter. Keil hoped that some of these documents presented and discussed tonight gave clarification. She looked forward to getting back to work on their council duties. Bardarson thanked everyone for coming. She was excited to move into spring. City of Seward,Alaska City Council Minutes April 10, 2017 Volume 40, Page 209 CITIZEN COMMENTS Kris Erchinger stated she had never participated in nepotism. She disclosed her address for the public and the council member interested. She hired employees only within her department. She did not hire anyone in Human Resources, Parks and Recreation, or Public Works. Erchinger apologized to the people who were her friends and the attempts made to disparage them. Linda Lasota, on behalf of the Seward Historic Preservation Commission, thanked the council for voting for approving Resolution 2017-020 and their support in moving forward. She also thanked Long for expediting this grant. The draft Historic Preservation Plan was sent to the state. The commission had been working on this plan for some time now and spent over five hours last Saturday continuing that work. Suzi Towsley didn't apologize for the public spectacle and noted these discussions were important and nepotism was a symptom of a problem. Her point of view was that it was council's duty to bring concerns from constituents to the proper channels, which would be in the manager's evaluation,which happened this year. Towsley had been challenged to bring issues to council. She disagreed with the attorney's opinion that it was a dead issue and thought this discussion was a symptom of something larger.The city had a number of employees leaving good city jobs. Towsley thanked council for what they were doing and encouraged them to keep talking if there was an issue. She felt Casagranda was speaking truth. Lynda Paquette said everyone was all energy. She loved this town and wanted this town to be beautiful. She said it was important to bring issues to the room.The public should come together and stop singling out one council person to go to because things needed to go to the body as a whole. They were all connected and they were all human beings with energy. She was optimistic they were going to create one of the most beautiful cities in the world. Karin Sturdy stated the city was enjoying and celebrating the successes of the Teen Rec Room. She was proud of the staff they had at Parks and Recreation. Sturdy noted other positive mentoring programs happening in Seward.The Teen and Youth Center was operating well,and staff and students were gearing up for the Easter Egg Hunt this weekend, hosted by Moriarty Family Dentistry. Sturdy noted the annual Diaper Derby event was looking for a new corporate sponsor. The campgrounds were looking to open on April 15, 2017,and she was proud of the campgrounds and the parks. Sports and Recreation was transitioning to the softball season and volunteers were needed for the annual Pink Cheeks Triathlon on May 6, 2017. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Long said it was refreshing to hear the public asking council to see if something existed, rather than making assumptions. He stated there had been no findings of fact of wrong doings regarding personnel. Long added PACAB had a good work session on the South Harbor Development Project,and he looked forward to bringing their recommendations to council.He noted that he had sat in the seat of an elected official and noted what was required was an acceptance and recognition of the separation of powers. He understood that was difficult because they cared about what they were doing. City ofSeward Alaska City Council Minutes April 10, 2017 Volume 40, Page 210 Keil said this year in politics,there was a lot of"sticking it to the man",but there was a lot of truth. She thought that people in power sometimes got a bad rap sometimes because they were powerful people.She didn't like tearing people down and encouraged Casagranda to speak her mind. She believed government could work if they worked together, and she thought the council was approachable. Earnhart echoed Long's comments that no one in the city had been terminated, and that there wasn't a liability out there lingering. He reminded everyone to look at the big picture—they were arguing over personnel issues and he felt that was a very easy job,as other communities were working with lawsuits and major budget issues.He encouraged free speech,but also encouraged the city to keep things running smoothly. Bardarson felt Seward was moving forward in a lot of positive ways. They had a lot of things to be appreciative of. Squires encouraged Towsley to bring issues forward to the council and that council should take any issues to the City Manager.One council member couldn't do anything,because the majority took action.His understanding was the council agreed they would let the mayor know if they wanted to talk to the attorney to maintain budget issues. He thanked Paquette for her words and Sturdy for the Parks and Recreation updates. ADJOURNMENT The meeting was adjourned at 9:16 p.m. itta-q/1- 4411--Joh Kinney, CMC J n Bardarson Clerk Mayor (City Seal) .•• FSE os "42 6 SE.d ® • e° s r •s : a • d� :;!Af�•1,:.,s{9.:�C��