HomeMy WebLinkAbout07082019 City Council Minutes City of Seward,Alaska City Council Minutes
July 8, 2019 Volume 40,Page 746
CALL TO ORDER
The July 8,2019 regular meeting of the Seward City Council was called to order at 7:01 p.m.
by Mayor David Squires.
OPENING CEREMONY
Police Chief Tom Clemons led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Squires presiding and
Sue McClure Suzanne Towsley
Jeremy Horn Sharyl Seese
John Osenga Kelleye
comprising a quorum of the Council; and
Scott Meszaros,City Manager
Brenda Ballou,City Clerk
Holly Wells, City Attorney
Excused—Lane
Absent—None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Lara Loomis urged council and citizens to ask Senator Micciche to override the governor's
budget vetoes;the proposed state budget would be terrible for the economy,plus it would effectively
gut the educational opportunities that serve the state's most vulnerable populations.
Karen Corrigan opposed Ordinance 2019-012 as it was currently written because,although
she appreciated the intent to broaden the group being protected,it appeared to her that the wording
would actually reduce some employee protections that were currently in place;it also didn't provide
specific protections for elected officials and volunteers. She thought the ordinance proposed
removing,"no employee shall be subject to harassment,"and replacing it with,"no employee shall
harass,"which had a very different meaning; she suggested adding the new wording to the existing
language rather than replacing it.
Lynda Paquette said the mission of Seward Civic Engagement was to educate citizens.The
very first session that Seward Civic Engagement had explained that at the top of the city's
organization chart was the citizens of Seward.Paquette encouraged citizens to communicate with all
members of council, not just one or two.
City of Seward,Alaska City Council Minutes
July 8, 2019 Volume 40,Page 747
Griffin Plush supported overriding the veto;he was very concerned with the future fate of
the University of Alaska system.Plush encouraged everyone to call Senator Micciche and make their
wishes known. He said there would be a demonstration on Sunday in Kawabe Park.
Cindy Clock said the chamber board endorsed Resolution 2019-064 to pursue alternative 1.1
for the Seward airport.
Jonah Swiderski reported about improvements made to the Seward City Tours shuttle;year-
to-date,there had been 34,000 people riding the free shuttle.
Bruce Jaffa encouraged everyone to practice safe fire handling. Regarding the Seward
airport,tonight's resolution would provide a strong voice from the city,and he wished council would
vote unanimously in support. Jaffa thought the city would benefit from engaging the U.S. Army
Corps of Engineers to assist in the efforts to get Alternative 1.1 approved for the airport.
Christy Terry supported Resolution 2019-064 for the Seward airport.For years,the city had
been asking for a long runway,and it was the best option for the community's economy and safety.
Becky Dunn echoed her support for Resolution 2019-064 for the Seward airport.Dunn was
concerned that if the community lost the long runway now, they would never get it back.
Patrick Messmer regarding Ordinance 2019-012 thought there should be an appeal process
for a victim following a harassment event in case they were not satisfied with the outcome of the
investigation. Regarding the state budget, Messmer was very concerned about the future of the
University of Alaska.
Karen Corrigan regarding Ordinance 2019-012 where it said council would approve the
policies for grievances proposed by administration,she wondered if the timeline for responses from
administration could be shortened to less than 30 days. Corrigan was also concerned with the state
budget and its impact on the University of Alaska.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (McClure/Seese) Approval of Agenda and Consent Agenda
McClure postponed the discussion regarding a proposed fraud and whistleblower ordinance,and the
review of Council Rules&Procedures: Rule 17 to July 22,2019.
Squires removed the introductions of Ordinance 2019-011 and Ordinance 2019-012 from the consent
agenda.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Resolution 2019-064, Requesting That Governor Mike Dunleavy And His Administration
City of Seward,Alaska City Council Minutes
July 8, 2019 Volume 40,Page 748
Intervene In The State Of Alaska Department Of Transportation Seward Airport Project And
Direct That Project Alternative 1.1 Be Selected And Constructed.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations &Awards
David Dieckgraeff
Borough Assembly Report. Kenn Carpenter provided an article as a laydown that
demonstrated how the De-naina Center in Anchorage had been paid for using bed tax funds. The
borough's bed tax proposal would not be appearing on the ballot in October this year; rather, the
assembly wished to have the sales tax cap issue on the ballot. Carpenter had modified his original
sales tax cap resolution to set the cap at $1,000, exempt residential rentals, and require voter
approval to be changed.The result for the borough would be an additional$4 million,which would
go towards the school district reserves.In response to Seese,Carpenter confirmed that if the sales tax
cap passed, the limit would be set at $1,000, and if the assembly wished to increase the cap, they
would have to go back to the voters.
City Manager Report.Scott Meszaros reported the following purchase orders over$5,000
had been approved by the City Manager since the last council meeting: $45,000 to GovHR USA,
LLC for a compensation,position classification,and leave study as approved via Resolution 2019-
046; and, $23,737.50 to Ingersoll Enterprises for custodial services at the Harbor via Resolution
2019-050.
In response to McClure regarding the burn ban in two campgrounds, Squires said the Fire
Chief restricted open burns in two campgrounds.
In response to Towsley, Meszaros said Assistant City Manager Brennan Hickok was the
Acting City Manager while Meszaros was on leave.
Other Reports, Announcements and Presentations—None
PUBLIC HEARINGS
Ordinances for Public Hearing and Enactment
Ordinance 2019-010, Amending The Zoning Designation Of Lot 23A Marathon Addition
Whitehorn Replat,Located At 513 First Avenue, From Institutional(INS)To Single-Family
Residential(R1), In Compliance With The Land Use Plan.
Motion (McClure/Seese) Enact Ordinance 2019-010
Meszaros said this was a rezone of a lot from INS to RI. The Planning & Zoning
Commission had approved this, and was recommending council approve it as well.
Notice of the public hearing being posted and published as required by law was noted and the public
City of Seward,Alaska City Council Minutes
July 8, 2019 Volume 40, Page 749
hearing was opened. No one appeared to address the Council and the public hearing was closed.
Motion Passed Unanimous
UNFINISHED BUSINESS—None
NEW BUSINESS
Ordinances for Introduction
Ordinance 2019-011, Amending Seward City Code Title 5, Revenue And Finance,To Adopt
Chapter 5.22"Developer Reimbursement And Incentive Program,"Implementing A Process
For Reimbursing Some Or All Of Developers' Public Improvement Installation Costs.
Motion (McClure/Osenga) Introduce Ordinance 2019-011
Meszaros said this was coming forward on council's direction; it included input from local
developers.
City Attorney Holly Wells wanted to get this ordinance in front of council as soon as
possible, and also wanted to encourage council to use documents such as this as a platform for
discussion and action. Wells said she knew this ordinance needed work because it would be a
fiscally-involved program,and she recommended it be referred to staff for development. Wells said
staff would iron out the funding components and develop an application,and bring back revisions for
council to adopt.
In response to Towsley, Wells said for substantive issues, she recommended council use a
resolution or ordinance as a platform for discussion; for non-substantive issues, motions were
acceptable. Wells explained that, subsequent to referring this ordinance to staff for development,
council might be provided with a substitute ordinance for consideration. In response to Towsley,
Meszaros said his staff was prepared to develop this ordinance.
Squires said he removed this from consent because he thought SCC 5.22.030(c)and(d)had
conflicting language as to who would approve an application.
Motion to Amend (Squires/Seese) Amend Ordinance 2019-011 in Section
5.22.030 (c) by adding the words,
"including if funds are available in the
Program Fund" to the end of the second
sentence, and striking (d) altogether.
Motion to Amend Passed Unanimous
Motion to Amend (McClure/Horn) Amend Ordinance 2019-011 in Section
5.22.030(e)(d)(3)to read,"A statement by ,.,,ri
the developer that he or she understands
the City Council may reimburse..."
City of Seward,Alaska City Council Minutes
July 8, 2019 Volume 40,Page 750
Motion to Amend Passed Unanimous
In response to Squires,Wells said an application still had to be developed and would likely
be approved by resolution.
Motion to Refer(McClure/Seese) Refer Ordinance 2019-011 to administration
to develop the ordinance and bring it back
to council no later than August 12,2019.
Motion to Refer Passed Unanimous
Main Motion Passed Unanimous
This ordinance had an introduction, was amended,was referred to administration,and will come for
public hearing and enactment no later than August 12, 2019.
Ordinance 2019-012, Amending Seward City Code 3.75.010, Sexual Harassment, To Add
Prohibitions Against Other Forms Of Harassment And Bullying Conduct, And To Apply
Seward City Code 3.75.010 To All City Employees,Officers,And Elected And Appointed City
Officials.
Motion (McClure/Seese) Introduce Ordinance 2019-012
Wells said it was unfortunate that Lane was not here tonight because Wells wanted Lane to
have this ordinance as a platform for discussion. Because Wells developed this ordinance as a
response to Lane's previously expressed concerns, Wells recommended that council postpone the
introduction of this ordinance to allow Lane the opportunity to be present.
Seese wanted to be sure to include the comments expressed earlier in the meeting by Karen
Corrigan.
Motion to Postpone (Towsley/McClure) Postpone the Introduction of Ordinance
2019-012 to July 22,2019.
Motion to Postpone Passed Unanimous
This introduction of this ordinance was postponed to July 22, 2019.
Resolutions
Resolution 2019-065, Directing the City Council Policy Work Group to Review the City of
Seward's Personnel Policies for Harassment and Bullying.
Motion (McClure/Seese) Approve Resolution 2019-065
City of Seward,Alaska City Council Minutes
July 8, 2019 Volume 40, Page 751
In response to Towsley,Wells said she brought this resolution forward to be consistent with
the city code.
Squires reiterated his request that if council members were bringing forward a discussion
item,it would be very helpful if there was a brief memo or statement to accompany the request that
explained the intent of the discussion.
Motion Passed Unanimous
Other New Business
Discuss a proposed fraud and whistleblower ordinance.Postponed to July 22, 2019.
Review of Council Rules & Procedures: Rule 17 to discuss how council's employees (City
Manager,City Attorney& City Clerk)are to take direction from council.Postponed to July 22,
2019.
Review options and select a new showcase to be used for International Relationship displays in
City Hall.
City Clerk Brenda Ballou requested council direction on reinstalling a display case in city
hall.Towsley wondered if there would be any kind of display put out in time for the students visiting
from Obihiro, Japan; she recalled that council had previously given direction to administration to
create a display inside the library museum building.
Hickok stated that here had been an issue about displaying the international artifacts inside
the museum because the items belonged neither to the Resurrection Bay Historical Society(RBHS)
nor the Seward Community Library Association(SCLA).He added that neither group was interested
in dealing with those particular artifacts.
Seese wondered why a display couldn't be put up in the hallway outside the museum.
Squires selected a showcase, and Horn concurred with the selection. Towsley stated that
council had directed the display to be at the library,not in city hall.Seese said she didn't understand
why a display case couldn't be up against the wall in the library hallway. In response to Squires,
Library Museum Director Valarie Kingsland said she would be willing to put a display case in
the hallway of the library.
Council directed the city clerk and Kingsland to establish a temporary exhibit in the library hallway
for the remainder of this tourist season.
INFORMATIONAL ITEMS AND REPORTS
On-going City Project and Goal List
Towsley requested that the meter exchange program be included on this list;Seese concurred.
City of Seward,Alaska City Council Minutes
July 8, 2019 Volume 40,Page 752
111 Council suspended the rules to speak with Electric Utility Manager John Foutz.
Foutz said the project was 99% done; the draft policy he created was currently being
reviewed by the city manager, and would come to council for final approval. Foutz said there were
only five meters left to be exchanged. In response to Towsley,Foutz said the policy would also be
provided to the city attorney for review. In response to Towsley,Wells said she would be happy to
research how much information could be shared publicly about the status and location of meters.
Council went back on the rules.
Clerk's Report on Public Records Requests through July 3, 2019
COUNCIL COMMENTS
McClure thanked everyone for coming tonight. She appreciated the work of all the police
and safety personnel during the Fourth of July holiday.
Towsley said, even though she was struggling with health issues, she felt it was important
that she attend the meeting tonight. She thanked everyone for coming and speaking tonight. She
appreciated PACAB's work on the airport issue.Towsley thanked all firefighters working across the
state.
Seese thanked everyone for coming and speaking tonight. She thanked Jonah Swiderski for
the report on the shuttle,and Bruce Jaffa for his work on the airport. Seese reported that she would
be out of town for the July 22, 2019 meeting.
Squires thanked everyone who contributed to the successful Fourth of July celebration.
Regarding the override of the governor's veto, Squires thought that decisions would be made this
week;he encouraged citizens to contact their representatives directly. Regarding Ordinance 2019-
012, Squires thought there was a lot of work to be done to strengthen the city code.
CITIZEN COMMENTS
Karen Corrigan appreciated council attending the meeting tonight,even when they weren't
feeling well.
Phil Zimmerman said regarding Ordinance 2019-011, he thought administration was
capable of developing the ordinance.He also mentioned that there were local contractors who could
build a display case.
Bruce Jaffa thought much of the discussion that was held tonight between council and the
city attorney could have been held in another time and place rather than during a council meeting.
Jaffa thanked council for passing the airport resolution tonight.
Lynda Paquette remained upset about her meeting with the city manager a few weeks ago;
she had not received any communication from the city manager or council to try and resolve the
City of Seward,Alaska City Council Minutes
July 8, 2019 Volume 40,Page 753
issue. Paquette wondered how and why the city manager, in her very first meeting with him,had a
problem with her; she had invited him to coffee, and he had taken offense and turned it into
something sinister. Paquette felt like she was being thrown under the bus now, and wondered what
was to be gained by it. She thought there was a lot of fear from people in this city about expressing
opinions,but she believed that open and honest communication without the fear of retaliation was
critical. She encouraged everyone to adopt an attitude of curiosity rather than jumping to
conclusions.
Becky Dunn thanked council for approving the airport resolution.Dunn was curious to see
what the Amazon and marijuana sales tax revenue would be, and what would result from the
borough's business compliance project,before the sales tax cap was raised.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS—None
ADJOURNMENT
The meeting was adjourned at 9:30 p.m.
Brenda J. Ballo , MC David Squires
City Clerk Mayor
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