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
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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
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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.
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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.
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