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HomeMy WebLinkAbout12102018 City Council Minutes City of Seward,Alaska City Council Meeting Minutes December 10,2018 Volume 40,Page 576 CALL TO ORDER The December 10, 2018 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Vice Mayor Sue McClure. OPENING CEREMONY Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL These were present: Sue McClure presiding and Jeremy Horn John Osenga Suzanne Towsley Kelley Lane comprising a quorum of the Council;and Jeff Bridges, Interim City Manager Jessica Fogle,Deputy City Clerk Will Earnhart,City Attorney Absent—Seese, Squires CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Christine Sheehan, Executive Director of Seaview Community Services, respectfully requested an amendment to Resolution 2018-095, Establishing the City of Seward's 2019 State Legislative Priorities include support for Seaview Community Services. Anthony Baclaan invited everyone to attend a potluck for Lesbian, Gay, Bisexual, Transgender,Queer(LGBTQ)at Blackwater Railroad's building,and urged council to move forward with the city attorney review. Carol Griswold was glad the flags at the Benny Benson Park were coming back for discussion because supported taking them all down for the winter. She requested council save the date for a Monday work session on the days of council meetings, and she supported changing the budget fiscal year to July 1St. She thanked Rebecca Ivy for her years of service to the city. Brad Snowden announced that he was ready to move forward on a cruise ship dock and he said that he would like to enter into a long-term agreement with the city;he did not need any excess land for this project.This project could bring in additional revenue and new jobs to Seward;he said that shares of this dock would first be offered to residents of Seward. City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page 577 Lynda Paquette reminded everyone that a Seward Civic Engagement meeting would be held Thursday, December 13, 2018 at the library to review the city budget. Lynn Hohl,Co-President of Seaview Community Service's Board of Directors,stated there was a precedent for having non-profits on the State Legislative Priorities list for Seward; she found examples from 2008, 2009, and 2010. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Towsley/Horn) Approval of Agenda and Consent Agenda Towsley requested to remove the reconsideration of Resolution 2018-091 from the agenda. Lane objected. Horn moved Resolution 2018-099 to the consent agenda. McClure moved Resolution 2018-092 to the consent agenda. McClure moved Resolution 2018-097 to the consent agenda with a housekeeping change to strike, "Ken Carpenter"and replace it with "Ben Carpenter". Osenga removed the Chamber of Commerce Report from the agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2018-092,Supporting The City Manager Of The City Of Kenai,Or Their Designee, For Appointment To The Municipal Advisory Gas (MAG) Project Review Board, As The Member Of An Organization Representing The Interest Of Municipalities In The State. Resolution 2018-097, Supporting The Siting Of The Alaska Gasline Development Corporation's Alaska LNG Liquefaction Plant And Marine Terminal In Nikiski, Alaska. Resolution 2018-099, Urging The Alaska Legislature And Governor To Fully Fund The Municipal Harbor Facility Grant Program In The FY 2020 State Capital Budget. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards—None Borough Assembly Report—None City Manager Report. Interim City Manager Jeff Bridges reported the following purchase orders between$5,000 and$30,000 had been approved by the City Manager since the last council meeting: $11,000 to Construction Machinery Industrial,LLC for new Volvo 104' wide 3.0- yard hook-on GP bucket with 104" 3-pc bolt on edge kit for the Seward Marine Industrial Center. City of Seward,Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page 578 Bridges reported the scoring criteria for a Request for Proposals for custodial services at the library: Clarity of Proposal 5% Performance & Quality of Work 35% Financial Stability& Resources 20% Additional Services 5% Cost 35% Total 100% Bridges provided a synopsis of the November 28,2018 earthquake and tsunami event.There was an earthquake at 8:30 a.m., followed by a tsunami warning. City staff initiated response activities in preparation. Communications coming to the city were inconsistent and confusing;part of the borough's warning system was not working. By 10:00 a.m.the city was provided the all clear, and by noon the city's operations resumed to normal. There were no damages or injuries reported. The borough would be investigating why a portion of the warning system had failed. In response to Lane, Bridges reported there had been training session conducted for department heads and their seconds on how to deal with stress,led by Lynne Curry.The training was well-received. City Attorney Report.City Attorney Will Earnhart apologized that there was no written report this week, due to the earthquake. The November bill was $4,800. Earnhart spoke about the City of Juneau case regarding cruise ship passenger fees;cities would continue to charge cruise ship head tax fees,but those fees would have to be used in service to the vessel.Regarding the upcoming city attorney evaluation, he suggested having an open dialogue between council and himself in an executive session; council could take action later based on the results. Interim City Manager Jeff Bridges requested to add an additional item to the City Manager Report.Bridges reported the scoring criteria for a Request for Proposals for engineering services to design the repairs on Lowell Point Road: Engineering experience with coastal erosion projects in Alaska 20% Work history with City of Seward 20% Rate schedule 10% Experience with FEMA projects 20% Timeline 10% Litigation history 10% References 10% Total 100% Other Reports, Announcements and Presentations—None PUBLIC HEARINGS—None City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page 579 UNFINISHED BUSINESS Items Postponed From Previous Agenda Resolution 2018-090, Authorizing The City Manager To Hire Term Employees For The Seward Police Department Who Elect To Forego Health And/Or Retirement Benefits, At A Higher Hourly Rate Of Pay Utilizing Benefit Savings, To Attract Qualified Employees. The original motion was made by McClure and seconded by Osenga at the November 26, 2018 meeting. There were no amendments made before postponement. Bridges stated that administration had provided a substitute resolution for council consideration, based on the feedback from the November 26, 2018 meeting. Motion to Amend (Towsley/Osenga) Amend Resolution 2018-090 by replacing it with the substitute version Motion to Amend Passed Unanimous Lane was concerned that adopting the substitute resolution would undercut the union negotiations. Motion to Amend (Lane/) Amend Resolution 2018-090 in Section 2 by striking the words, "Not to Exceed Two Years" and replacing them with, "Not to Exceed One Year". Bridges stated that "not to exceed two years" was currently in the Seward City Code. The goal of this resolution was to temporarily hire qualified officers to fill these positions, while recruiting and training new permanent employees. Motion died due to lack of second. Motion to Amend (Towsley/Lane) Amend Resolution 2018-090 in Section 3 by adding the word"two"so it reads,"...finds it advisable to hire two temporary term employees." Bridges said the city may need up to four temporary employees, depending on the cycle of Police Academy training,as well as any foreseen or unforeseen circumstances in the officers' lives; how these circumstances overlap will determine how many temporary officers will be needed. Council suspended the rules to speak with Police Chief Tom Clemons. Police Chief Tom Clemons said that a list of qualified candidates was available from the Alaska Police Standards Council. Retired police officers and troopers would be hired, and they would have one week of accompanied training with a Seward police officer before being on their own. City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page 580 Bridges that it should be noted that this restriction only applied to hiring employees for these temporary positions; all other positions under Title 3 would remain unrestricted. The motion to amend was withdrawn with no objection from council. Council went back on the rules. Motion to Amend (Towsley/Lane) Amend Resolution 2018-090 in Section 3 to read"The City of Seward finds it advisable to hire as many as four temporary term employees during the recruitment and training of new officers..." In response to Towsley,Bridges said that he did not understand the nature of the resistance to approving this resolution; it was the intention to hire fully-trained police officers, and this was a public safety issue. Motion to Amend Failed Yes: Towsley, Lane No: Osenga, Horn, McClure McClure considered this to be the fiscally responsible thing to do, and it was a unique circumstance to have this many officers leave at once. Main Motion Passed Yes: Towsley, Osenga, Horn, McClure No: Lane Items For Reconsideration Resolution 2018-091, Awarding A Contract For Custodial Services To Ingersoll Enterprises. There was no motion to bring this resolution forward for reconsideration, so the reconsideration died. NEW BUSINESS Resolutions Resolution 2018-093, Affirming The Support Of The Formation Of A Transco. Motion (Towsley/Osenga) Approve Resolution 2018-093 Electric Utilities Manager John Foutz said this resolution was asking council to re-affirm their approval of Resolution 2018-037. For explanation, Foutz said Transco was a transmission company which would consist of six Railbelt utilities: City of Seward, Golden Valley Electric in Fairbanks, Matanuska Electric, Chugach Electric, Municipal Light and Power in Anchorage, and Homer Electric.All of the transmission on the Railbelt would be consolidated into one company that City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page 581 would focus on transmission, maximizing the best rates for all rate payers in the Railbelt. Motion Passed Unanimous Resolution 2018-094, Amending The City Of Seward's Calendar Year 2019 City Legislative Priorities. Main Motion (Lane/Towsley) Approve Resolution 2018-094 Motion to Amend (Towsley/Horn) Amend Resolution 2018-094 in the title and throughout by striking the word "Amending"and replacing it with the word "Establishing". Motion to Amend Passed Unanimous Motion to Amend (Towsley/Horn) Amend Resolution 2018-094 in Section B Number 4 by striking the words "Ice- Skating Rink" and replacing it with "Multi-Purpose Facility". Motion to Amend Passed Unanimous Main Motion Approved Unanimous yogi Resolution 2018-095, Amending The City Of Seward's Calendar Year 2019 State Legislative Priorities Motion (Towsley/Horn) Approve Resolution 2018-095 Motion to Amend (Towsley/Horn) Amend Resolution 2018-09.5 in the title and throughout by striking the word "Amending"and replacing it with the word "Establishing". Motion to Amend Passed Unanimous Motion to Amend (Towsley/Horn) Amend Resolution 2018-095 by adding a new #11 in Section 1 A "Beneficial Legislations" which reads, "Legislative support for expanding access to mental health and substance use disorder treatment and recovery to include expansion and renovation of Seaview Community Services existing behavioral ..r health treatment facility." City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page 582 Motion to Amend Passed Unanimous Main Motion Unanimous Resolution 2018-096, Establishing The City Of Seward's Calendar Year 2019 Federal Legislative Priorities. Motion (Osenga/Towsley) Approve Resolution 2018-096 Motion Passed Unanimous Council recessed at 8:22 p.m. Council resumed at 8:30 p.m. Resolution 2018-098,Authorizing The City Manager To Enter Into A Consent Assignment To Seaweed And The Mermaid,LLC To The Lease Agreement L09-095 With The Darling Family Trust, For Lot 5A, Block 1, Seward Small Boat Harbor Subdivision, City Of Seward, Kenai Peninsula Borough Plat 2000-19,Seward Recording District,Third Judicial District,State Of Alaska, To Extend The Term Of The Lease Fourteen Years, And To Add Two Five Year Options To Renew. Motion (Horn/Towsley) Approve Resolution 2018-098 Motion to Amend (Horn/Towsley) Amend Resolution 2018-098 in the title by striking the words "Twenty Four Years" and replacing it with "Fourteen Years". Motion To Amend Passed Unanimous Motion to Amend (Horn/Osenga) Amend Resolution 2018-098 by adding a new Section 3 which reads,"This lease will expire June 11, 2048 with the option to extend twice by five years" and moving all other Sections down. Harbormaster Norm Regis said that the banks liked 30 year leases and that was why the owner asked for a possible lease extension. Many city leases offered the option of two five-year extensions. By adding another fourteen years to the lease,the lease would become a 30-year lease. Motion To Amend Passed Unanimous In response to Lane, Regis said that the owner would have to bring the contract back to council before selling the property or business. In response to Towsley, Regis said this was a standard lease. Main Motion Passed Unanimous City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page 583 Resolution 2018-100, Authorizing The Use Of SMIC Grant Funds To Pay For SMIC Expansion Project Related Costs. Motion (Horn/Towsley) Approve Resolution 2018-100 Motion to Amend (Towsley/Horn) Amend Resolution 2018-100 in Section 1 by adding the following statement to the end of the sentence,"...received from the State of Alaska through the Alaska Department of Commerce of Community and Economic Development Grant." Motion to Amend Passed Unanimous Motion to Amend (Towsley/Horn) Amend Resolution 2018-100 in Section 2 by striking the words, "...will be transferred to the SMIC Expansion Grant Fund from the SMIC Expansion Grant Fund" and replacing with the words, "...will be transferred to the SMIC Expansion Grant Fund 12333 from the SMIC Enterprise Fund 12000." Motion to Amend Passed Unanimous Bridges said with the original $25 million grant for the Seward Marine Industrial Center (SMIC),there was approximately$500,000 in administrative monies that the city could use for non- construction related items. Bridges added that the goal was to use up the grant funds, so we would not have to give them back, and he wanted to use the full amount by the deadline,which was June, 2019. Main Motion Passed Unanimous Resolution 2018-101, Providing For Final Contract Settlement With Orion Marine Contractors, Inc. Motion (Horn/Towsley) Approve Resolution 2018-101 Bridges said the city was ready to finalize the contract with Orion relating to mobilization and de-mobilization of equipment. City Attorney Will Earnhart said that the decisions from the lower district court and the circuit court of appeals were available online by searching "Orion vs. Seward" and "Seward vs. Orion".There was originally only one contract for building the breakwater,but it was changed from one phase to four separate phases. Orion completed the first phase and tried to up their bid by 25% after completing the first phase of the project. Orion was paid half of what they bid on mobilization and de-mobilization and had about $381,000 left in the amount they bid for. Orion asked for the City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page 584 remaining $381,000 after completing the first phase and when the city did not give them the remaining balance because they did not complete the job, Orion took the city to federal court. The judge agreed that the city did not owe Orion any money,but Orion appealed the court's decision.The city asked for re-hearing of this case, which was denied by the U.S. Supreme Court. The final settlement amount agreed upon was $450,000 to be paid out of the grant funds. Motion Passed Unanimous Other New Business Mayor appoint a member of the Council to receive the completed evaluation forms and tabulate the results prior to the formal evaluation sessions for the Interim City Manager (January, 2019),the City Attorney (February, 2019), and the City Clerk(March, 2019). By consensus, council agreed to postpone the City Clerk's evaluation until a later date in 2019 (to be determined), to eliminate the Interim City Manager's evaluation scheduled in January, 2019, and to potentially conduct the City Attorney's evaluation in February, 2019. McClure suggested postponing this item to the January 14, 2019 meeting to discuss conducting the city attorney evaluation in February,2019 and/or to discuss scheduling an executive session with the city attorney with no objection from council. Discuss a Possible Budget Cycle Change. (Lane) Lane wondered why the budget cycle corresponded with the calendar year,and what it would take to move to a July 1 fiscal year. In response, Bridges said the budget being on a calendar year allowed everyone to focus more on preparing the budget. Hickok added that it allowed for maximum public input, as well as being good for the staff. In response to McClure's suggestion that work on the budget start earlier in the year,Bridges recommended working on the capital fund and enterprise fund in the spring,and then working on the general fund in summer/early fall. He suggested it might make the budget more manageable. Earnhart pointed out an ordinance would be required to change the budget cycle from a calendar year to a fiscal year. Discuss the Flags at Benny Benson Park. (Lane) By unanimous consent of council,the city manager would be responsible for managing the flags at Benny Benson Park. INFORMATIONAL ITEMS AND REPORTS A. On-going City Project and Goal List B. Clerk's Report on Public Records Request through December 4, 2018 C. Letter of Appreciation to local businesses for Sister City Exchange support D. October, 2018 Financial Reports for Providence Seward Medical and Care Center City of Seward,Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page 585 COUNCIL COMMENTS Horn wished everyone a great holiday season and thanked everyone for coming out to the meeting. Lane was thankful to be provided with the numbers for Parks&Recreation attendance.She thanked her husband and Bridges for helping her get her sales taxes in order, and apologized for unknowingly not paying taxes for her business.She was grateful for people speaking at meetings and talking to her around the community about their concerns.She would continue to hold office hours at Resurrect Art from 2:30-4:30 p.m. on the second and fourth Mondays of each month. Towsley thanked Lane for her apology. She also thanked the citizens who spoke at the meeting.She felt things were moving forward in a more positive and hopeful direction,and thanked everyone for their support.She wished everyone a Merry Christmas and said that she looked forward to 2019. McClure wished everyone a Merry Christmas, and she also relayed a Merry Christmas to everyone from Mayor Squires. She reminded everyone there would be a work session and special meeting on December 11,2018 to discuss mid-cycle budget amendments for the 2018 budget. Bridges said that he would be out of town from December 16-27,2018 and Fire Chief Eddie Athey would be the Acting City Manager during this time. CITIZEN COMMENTS Ristine Casagranda said there was a play at the high school this week at 7:00 pm on Monday,Tuesday,and Wednesday night,and encouraged everyone to go support the students. She was glad that council was moving forward with the city attorney's evaluation;she reminded council that the city attorney was hired to work for the constituents and she believed that the city could be represented in a much better way. Becky Dunn said she believed that Shelli McDowell who managed the animal shelter was drastically under paid and hoped someone would take this into consideration. She also encouraged everyone to continue work on getting a new animal shelter. Carol Griswold said that the Nordik Viking sank at the harbor on Sunday,December 9,2018 near T Dock and Icicle Seafoods, which caused a pollution of diesel fuel. She hoped the harbor would adopt a better protocol for diesel spills and asked that dog owners keep their dogs away from that water. She said she posted photos on sewardsnews.com and sewardsun.com and texted journalist Kyle Walker. Norm Regis asked that live-aboards continue to notify the harbor that they live on their boat, so they can help them evacuate during tsunamis and other natural disasters. City of Seward, Alaska City Council Meeting Minutes December 10, 2018 Volume 40, Page 586 Lynn Hohl thanked council for adding Seaview Community Services to the state legislative priorities list, and she asked that council include Seaview in discussions about non-profit organizations. She suggested making tsunami run-up zone maps readily available to the community. Lynda Paquette reminded council that new cruise ships with new dock requirements were coming and suggested using cruise ship money for these projects.She was concerned that the Federal Land Access Program (FLAP)for Lowell Point Road was not on the On-Going Projects and Goals list, and she did not want it to fall off the list. Paquette was also concerned about the city attorney report not being provided in the council packet for this meeting,and said that council and the public wanted more transparency. Anthony Baclaan strongly felt that the city attorney and the city law firm should be reviewed thoroughly. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Bridges said that some grant money had been reserved to pay Orion if the case was lost.Due to Orion terminating the contract for convenience,the contract went back out to bid and money was saved by accepting a lower bid, and the money that was saved was used to pay the Orion case. Earnhart said that City Attorney Katie Davies had moved out of state to be closer to her family after having her second child and she was no longer with his firm. Lane thanked Dunn for speaking on Shelli's behalf and strongly concurred. She thanked Griswold for presenting the timeline on the diesel spill. McClure said the evacuation map was posted in city hall and encouraged citizens to take a look at it. She explained that written reports from the city attorney were presented bi-monthly. Towsley reminded the public that Earnhart did not have a city attorney report this week due to the earthquake. ADJOURNMENT The meeting was adjourned at 10:18 p.m. GA4KOAA-t( Jessica Fogle Sue McClure �••`.....,,,DeP Deputy City Clerk OF Vice Mayor :1 Li (City Seal) � 0 it0.% • • —+— • . SEAL • s • e 'tigrF of Arps