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HomeMy WebLinkAbout07232018 City Council MinutesCity of Seward, Alaska City Council Meeting Minutes July 23 2018 Volume 40, Page 474 CALL TO ORDER The July 23, 2018 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Squires. OPENING CEREMONY Lt. Doreen Valadez led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Marianna Keil Sue McClure Sharyl Seese comprising a quorum of the Council; and Jim Hunt, City Manager Brenda Ballou, City Clerk Will Earnhart, City Attorney Absent — Horn Ristine Casagranda Suzanne Towsley CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Mike Ritz asked if the city government had been shut down last Tuesday and if the city hall building had been closed; and if so, he wondered why. Patrick Messmer was president of the Alaska Public Employees Association (APEA) and wanted to speak about the proposed cost of living increase (COLA) for employees; on behalf of the members, he wished council would move forward and approve the resolution. Joe Tougas was the owner of Catalyst Marine Engineering; his business was approaching its 1 Oh anniversary in August. Just today, Tougas learned he would be the recipient of the Federal Maritime Administration's 2018 small shipyard funds -matching grant; this would allow Tougas to purchase a Flow Mach 500 Water Jet which was a cutting machine that could cut through virtually any material and would be the only one of its kind on Alaska. Lynda Paquette thanked council for the road signs and the brush cutting on Lowell Point Road; it improved the traffic flow. Carol Griswold was dismayed by what was happening with the city's employees; valuable employees were still leaving the city. She hoped the grievance policy would move forward tonight, and encouraged council to adopt an exit interview policy, as well as a 360 degree evaluation. City of Seward, Alaska City Council Meeting Minutes July 23, 2018 Volume 40, Page 475 Griswold wanted code reviewed as it related to termination, and she wanted city employees to feel protected. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Keil pulled Resolution 2018-062 and Resolution 2018-063 from the agenda. Keil added an item to Other New Business to schedule a work session to discuss an area -wide utility board. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of July 9, 2018 Regular Meeting Minutes. Appoint Bruce Jaffa to the Port & Commerce Advisory Board (PACAB) with a term to expire July, 2021. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Recognizing Linda Lasota for her service on the Historic Preservation Commission. Chamber of Commerce Report. Cindy Clock reported that the 91 st Mount Marathon Race had been successful, and a new record had been set for the women's downhill portion at just over 11 minutes. The Kenai Peninsula Tourism Marketing Council (KPTMC) was currently restructuring to accommodate the $206,000 budget cut for 2018. The chamber was creating a new position in September called Events Logistics Coordinator. The Silver Salmon Derby would kick off on Saturday, August 11, 2018 to a minus 2.8 foot tide; small boats would be able to launch, but not larger ones. In response to Squires, Clock said she would consider having the new position bring in conferences and special events. City Manager Report. Jim Hunt reported the following purchase orders between $10,000 and $50,000 have been approved by the City Manager since the last council meeting: None The second annual Alaskaman Extreme Triathlon was last weekend and was very successful. Telalaska was working on laying fiber optic cable today in the downtown area. Hunt stated he was providing council with his official resignation notice, thirty (30) days in advance. Assistant City Manager Ron Long said this would be his last city council meeting, and that 1 1 City of Seward, Alaska City Council Meeting Minutes July 23, 2018 Volume 40, Page 476 it had been his honor and privilege to work with a fine bunch of people. City Planner Jackie Wilde and Harbormaster Norm Regis presented Long with a ship's bell, and Wilde read a farewell message. Regis reported that the 330-Ton Travelift was back up and running today. In response to Casagranda, Hunt confirmed that city hall was not shut down last Tuesday. In response to Towsley, Hunt said he cancelled the visit from the Division of Community and Regional Affairs (DCRA) representative. In response to Towsley, Hunt said city hall was not on lock down at all last week, and the utility counter closed at 4:00 p.m. daily. Other Reports, Announcements and Presentations — None PUBLIC HEARINGS Ordinances for Public Hearing & Enactment Ordinance 2018-003, To Revise Seward City Code 3.40, Grievance Procedure. This ordinance was introduced on June 25, 2018, had a public hearing on July 9, 2018 and was postponed, and is coming tonight for a second public hearing and enactment. Motion (Keil/Casagranda) Enact Ordinance 2018-003 Hunt said administration had no changes to recommend. Notice of the public hearing being posted and publ fished as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion to Postpone (Keil/McClure) Postpone Ordinance 2018-003 to the August 13, 2018 meeting. McClure recommended having all the amendments from council be submitted ahead of time to allow time to be researched and considered. Motion to Postpone Passed Yes: McClure, Towsley, Keil, Squires No: Casagranda, Seese Squires requested that any proposed amendments to this ordinance be submitted in writing to the city clerk and administration no later than Tuesday, August 7, 2018. City of Seward, Alaska City Council Meeting Minutes July 23, 2018 Volume 40, Page 477 Resolutions Requiring Public Hearing Resolution 2018-053, Authorizing The Competitive Sale Of The Property Described As West'/: Of Lots 19 And 20, Block 30 Original Townsite Of Seward, Tax Parcel ID No.14813010, 408 Madison, For The Amount Of $40,052 To Mary Lutz In Accordance With Seward City Code Section §7.05. Motion (KeiUCasagranda) Approve Resolution 2018-053 Long said he had had many discussions about this property and wished to wait until after the public hearing to elaborate. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Bill Mans wished to express his concerns again for this resolution. He said this resolution had been pulled three times previously, and this was now his fourth time speaking. He requested the city locate the sewer line across the property before moving forward. Mans did not object to anyone wishing to build on that property, but he wanted his adjacent property to be protected. He asked council to not approve this resolution until all the water, electric, and sewer easements had been identified. No one else appeared to address the Council and the public hearing was closed. Long referred to Mans' letter of July 16, 2018 which suggested the city had violated code. Public hearing notice requirements had been upheld, there were no easement issues related to this property because it was not a public use/parcel, and the city had offered the property as is and where is. In the event that Mans' sewer line crossed onto the 408 Madison property, then that would be a trespass issue and would have to be settled between the property owners. Long read from an email he received today from the potential new owner, Mary Lutz, who stated that her intention was to start building next year, and she intended to dig a basement. Lutz indicated that she was satisfied with the current arrangements. In response to Seese, Long said the water and sewer lines from Mans' property may encroach on 408 Madison inside the setbacks, at best, but he was confident the lines did not actually cross over the property. Motion Passed Yes: Keil, Casagranda, McClure, Squires No: Towsley, Seese Resolution 2018-061, Authorizing The Assignment, Assumption And Amendment OfThe Ground Lease With Vigor Alaska, LLC, For The Real Property Described As Lots 1-A And 3, Block 7, Fourth Of July Creek Subdivision Seward Marine Industrial Center, Seward Ship's Drydock Replat, According To Plat 2002-22, Seward Recording District, Third Judicial District, State Of Alaska, To JAGAlaska, Inc., The Assumption Of The Lease By JAG Alaska, Inc. And Amendments To The Ground Lease. Motion (Keil/Casagranda) Approve Resolution 2018-061 City of Seward, Alaska City Council Meeting Minutes July 23, 2018 Volume 40, Page 478 Long said Vigor wished to assign their rights, interests, and responsibilities of their current lease to JAG, the city wished to make some adjustments to the lease language to tighten it up, and JAG wished to assume the lease. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. In response to Casagranda, Long said the list of city assets was not included in the lease itself; the Maintenance & Operating Agreement covered all facilities except the land, and the land was covered in the lease. In response to Towsley, Long said administration had considered providing a credit for local hiring, however, JAG had not requested this consideration. Towsley preferred having specific language included in the lease to encourage and promote local hiring; her concern was accountability of the company. Council suspended the rules to speak with Doug Huff from JAG. Doug Huff stated that his intention was to hire as many locals as possible, and JAG would be interested in receiving a credit as an incentive to hire local. Council went back on the rules. Motion Passed Unanimous This resolution was pulled from the agenda. - .NO. This resolution was pulled from the agenda. UNFINISHED BUSINESS Resolution 2018-034, Authorizing A Cost Of Living Increase Of 2.1 % For 2018 And A Separate 2.1% For 2019 For All Non-IBEW Employees With The Exception Of The City Manager And City Clerk, And Appropriating Funds. City of Seward, Alaska City Council Meeting Minutes July 23, 2018 Volume 40, Page 479 The original motion was made by Casagranda and seconded by McClure on April 9, 2018, and then postponed to July 9, 2018. This item was postponed a second time to July 23, 2018, and has one amendment pending. Motion to Amend (Casagranda/Towsley) Amend the title of Resolution 2018-034 by adding the words, "and any employees who received external equity in the past two years," after the words, "...and city clerk..." Long said this amendment would affect nine employees; as well, there were two positions currently where one position received external equity and the other did not. Long said several of the external equity considerations were about 3%. In response to Squires, Earnhart said that some employees could legally be excluded from the pay scale and this COLA, but Earnhart agreed with Long that the impact of excluding a few employees raised others issues, including concerns about discrimination. Motion to amend withdrawn with no objection from council. Council recessed at 8:37 p.m. Council resumed at 8:41 p.m. Motion to Amend (Casagranda/Keil) Amend Resolution 2018-034 in Section 1 by striking "April 9, 2018" and replacing it with "July 23, 2018". Motion to Amend Passed Unanimous Main Motion Passed Unanimous NEW BUSINESS Resolution 2018-064, Authorizing The Assignment, Assumption And Amendment Of The Maintenance And Operating Agreement Of The Shiplift And Dry Dock Area To JAG, Alaska, Inc. Motion (Keil/Casagranda) Approve Resolution 2018-064 Long stated this resolution went along with the ground lease resolution that was passed earlier tonight. Motion Passed Unanimous 1 Other New Business City of Seward, Alaska City Council Meeting Minutes July 23, 2018 Volume 40, Page 480 Discuss and give to direction to the City Attorney to hire outside counsel, Anchorage attorney Joe Levesque, to review the recall petition against Towsley. Council directed the City Attorney firm of Birch Horton Bittner & Cherot to review the recall petition against Towsley. Discuss supporting the Chamber of Commerce's request for Silver Salmon Derby sponsorship. Council directed the city manager and city clerk to pay $2,500 each towards the sponsorship cost to support the Silver Salmon Derby. Schedule a work session to discuss an area -wide utility board. Council scheduled a work session on Monday, August 27, 2018 at 5:30 p.m. and directed the city attorney to provide an informational memo in advance of the work session. INFORMATIONAL ITEMS AND REPORTS Ongoing City Projects and Goals. COUNCIL COMMENTS Casagranda apologized to the city clerk for not submitting her evaluation in a timely manner; she furnished the completed evaluation to the city clerk. Casagranda thanked Jim Hunt and looked forward to working with him for the next 30 days. She thanked the citizens for their involvement in the proceedings, and welcomed JAG to the community. Casagranda commended administration for the work they did to develop the Seward Marine Industrial Center (SMIC). Seese said she would miss Ron Long and Jim Hunt; they had done a good job. She welcomed JAG. Towsley echoed the sentiments of thanking the public for their involvement, as well as the work of administration. Squires congratulated Joe Tougas on achieving the grant award; he encouraged Tougas to keep growing and expanding his business. He thanked Ron Long for his service; he had been a big part of the community for many, many years. Squires was disappointed that Jim Hunt submitted his resignation, and had been impressed with how he had represented Seward in Juneau and Washington, DC. He read a statement from the city attorney's office stating that the outcome of the executive session on July 18, 2018 that addressed "potential liability for alleged defamatory accusations regarding the City Manager's conduct" was determined to be without merit. Casagranda added that, with tonight's resignation of City Manager Jim Hunt, she intended to call for a special meeting very soon. 1 City of Seward, Alaska City Council Meeting Minutes July 23 2018 Volume 40, Page 481 CITIZEN COMMENTS Patrick Messmer thanked council for passing the COLA for the city employees; it was much appreciated. Carol Griswold mentioned that there would be a retirement party to honor Ron Long on Monday, July 30, 2018 from 12:00 — 2:00 p.m. in council chambers. She thanked Ron Long for his work. Valarie Kingsland thanked everyone on council for their public service; she knew it wasn't easy. She thanked Ron Long for his character, guidance, and direction. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Hunt thanked Ron Long for his work; he said Long had improved him as a human being and as a manager. Hunt looked forward to going tuna fishing with Long in Baja. Hunt went on to read a statement regarding his resignation; he said it had been an honor and a privilege to serve the citizens of Seward. Hunt said he had received an offer for another job. EXECUTIVE SESSION Motion (Keil/McClure) Motion Passed Council invited the city clerk to remain. Go into Executive Session to evaluate the City Clerk. Unanimous Council went into Executive Session at 9:30 p.m. Council came out of Executive Session at 10:28 p.m. Squires stated that council was pleased with the city clerk's performance, and would set goals for the city clerk at an upcoming public meeting. ADJOURNMENT The meeting was adjourned at 10:29 p.m. Brenda J. Ballou,X��„ City Clerk •.••• of SEA'•,, ap • (City Sealy• V u�:- _• SEAL•a F • 4 Mt. �'ti�,�P.•' ti..� OF A�P. •• 0%, � � D - David 'quires Mayor 1 1 1