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Home My WebLink About03142016 City Council Minutes City of Seward,Alaska City Council Minutes March 14, 2016 Volume 40, Page 31 CALL TO ORDER The March 14,2016 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 Dave Squires Dale Butts Sue McClure Deborah Alterman comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Leila Kimbrell, City Attorney Absent—Ristine Casagranda CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Carol Griswold would appreciate council's consideration in correcting the February 22, 2016 meeting minutes regarding workplace bullying. She stated Resolution 2016-023 presented an important contract change to the City Manager's employment agreement that affected future budgets. She felt the proposed amendments were unclear and confusing. Griswold did not feel it was clearly stated that the proposed wage increase was already included in the budget. It should be clear this amendment raised his salary, including his severance pay. She stated the breakdown of costs was missing and thought council could consider postponing the resolution to allow for revision. She thanked the council for recognizing the City Manager was engaged in another business, but said allowing for it was a slippery slope. Griswold emphasized now was not the time for raises. Tim McDonald gave council an update as the city's representative on the Cook Inlet Aquaculture Association(CIAA). He stated Alaska Board of Fisheries Proposition 203,to expand emergency order authority to close sport fishing in special harvest areas if hatchery cost recovery goals could not be met,was denied unanimously.McDonald was asking for a discussion of a Seward salmon rehabilitation plan to be placed on an upcoming agenda to approve the first step which was the rehabilitation of Grouse Lake.He distributed council an article regarding Puget Sound fish being tainted from wastewater and was concerned with what the city might be putting into Resurrection City of Seward, Alaska City Council Minutes March 14, 2016 Volume 40, Page 32 Bay waters. The sewage lagoon facility had "ancient" technology and they should be upgrading it rather than repairing it. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/McClure) Approval of Agenda and Consent Agenda Squires added a written travel report at the Alaska Department of Environmental Conservation's Environmental Health and Safety Issues in Marijuana Concentrate Processing Facilities meeting on March 10, 2016. McClure placed Resolutions 2016-021 and 2016-022 on the consent agenda with no objection from council. Bardarson removed the approval of the February 22, 2016 Regular City Council Meeting Minutes from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2016-021, Authorizing The City Manager To Enter Into A Professional Services Agreement With Otis Elevator Company To Provide Elevator Maintenance And Repair Services For All City Elevators. Resolution 2016-022, Authorizing The City Manager To Enter Into A Professional Services Agreement With PDC Inc. Engineers To Provide Professional Services For The Comprehensive Plan Update. Appoint Tom Swann to the Planning and Zoning Commission,with a term expiring February, 2019. Direct City Clerk to send letter of support to the borough's objection to the liquor license for Terry's Fish and Chips. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards—None City Manager's Report.Jim Hunt reported the following purchase orders between$10,000 and $50,000 were approved since the last council meeting: $12,480.00 to All Alaska News Unlimited for the City Clerk's City Calendar advertising contract,and $14,463.29 to LN Curtis for the Fire Department to purchase new ladder apparatus. Hunt reported that last week he,Long,Bardarson,and Keil did a ride around town to review the progress of the many projects going on in the city. He extended the same invitation to anyone City of Seward, Alaska City Council Minutes March 14, 2016 Volume 40, Page 33 else on council interested. Long noted the city executed another change order with Hamilton Construction on the Seward Marine Industrial Center(SMIC)Breakwater Project for better bank/slope stabilization and to add extra pilings to help with navigation. In response to Keil, Long stated the change order was approved administratively, so no council approval was necessary. City Attorney's Report. Leila Kimbrell said she was filling in for Will Earnhart tonight. The City Attorney continued to work on general legal matters including public record requests, contract matters, and preparing for the work session on potential marijuana regulations. Legal staff was still proceeding with discovery phase of the Orion case. Depositions would proceed this week; they would plan to provide council with updates. Other Reports, Announcements and Presentations Presentation by the Kenai Mountains-Turnagain Arm National Heritage Area(KMTA NHA). Providence Seward Annual Report. Written Travel Report by Council Member Squires from the Alaska Department of Environmental Conservation's Environmental Health and Safety Issues in Marijuana Concentrate Processing Facilities meeting in Anchorage on March 10, 2016. PUBLIC HEARINGS —None UNFINISHED BUSINESS —None NEW BUSINESS Resolution 2016-023,Approving Amendment No.4 To The Employment Agreement With The City Manager, And Appropriating Funds. Motion (Keil/McClure) Approve Resolution 2016-023 Long stated one of the amendments requested to this contract was a one-time payment of $5,000 to the City Manager's deferred compensation account. He clarified this resolution authorized an appropriation of$6,100 to include taxable wages for this contribution. Motion to Postpone (Butts/Squires) Postpone Resolution 2016-023 to the April 11, 2016 meeting. Butts stated he would like to postpone this resolution so that another resolution could come forward simultaneously approving a cost of living increase and the reinstatement of merit and progressive increases for all city employees. He stated he supported increases for both the manager and his employees, and would like to approve those increases at the same time. City of Seward, Alaska City Council Minutes March 14, 2016 Volume 40, Page 34 Motion to Postpone Failed Yes: Altermatt, Butts No: McClure, Keil, Squires, Bardarson Motion to Amend (Bardarson/Keil) Amend Resolution 2016-023, striking section 6 agreement amendment"The-City .. . . consider al^ e" and adding to section 2 of the amendment agreement "...and consider a salary increase upon a favorable review." Motion to Amend Passed Unanimous Motion to Amend (Altermatt/Squires) Amend Resolution 2016-023, by adding language to section 2 of the agreement amendment: "The City agrees to deposit $5,000 into Hunt's ICMA deferred compensation account for 2016." Motion to Amend Passed Unanimous Keil spoke in support of this increase and listed many of the accomplishments achieved by the City Manager. Keil said the city code allowed outside employment with clearance through the supervisor and the City Manager. Since the council supervised the City Manager,it made sense they could allow for the manager to operate a business outside of his contract. Main Motion Passed Unanimous Other New Business Items Approval of the February 22, 2016 Regular City Council Meeting Minutes. Motion (Keil/McClure) Approve the February 22, 2016 Regular City Council Meeting Minutes Bardarson stated she would like the following changes to be made: 1. Under the City Manager's Report, regarding repair of the Seward Airport, "$17 million of state federal funds were secured with the help of the federal government,and the city was trying to find a way to work with state departments." 2. Under discussion on Resolution 2016-015,strike" •• . - .- . _ . • . • . . - • . .. _ . •"and replace with,"Long reminded the council that the FY 2016-2017 budget did not include any Motor Pool Fund City of Seward, Alaska City Council Minutes March 14, 2016 Volume 40, Page 35 contributions from the General Fund, but the Electric Department was still contributing and this vehicle and a few others were allowed for purchase." There was no objection from council to make these corrections to the minutes. Motion Passed Unanimous Discussion on establishing length of term for the City of Seward Cook Inlet Aquaculture Association seat and soliciting interest.After discussion,the council decided to establish a term expiration of three years for the City of Seward seat on the Cook Inlet Aquaculture Association and directed the City Clerk to solicit letters of interest for council appointment. Discuss upcoming council travel to Washington,D.C.and Seattle,Washington.Council agreed to send Mayor Bardarson and Vice Mayor Keil on these trips occurring in April, 2016. INFORMATIONAL ITEMS AND REPORTS Providence Seward Medical and Care Center Financial Reports through December, 2015 and January, 2016. COUNCIL COMMENTS Keil said there were opportunities available to serve on Seward Community Health Center board sub-committees without being an actual board member. It was a good way to volunteer and provide input. She reminded the public there was one vacant seat of the Seward Planning and Zoning Commission. Keil thanked the Seward Volunteer Fire Department for the invitation to their annual awards banquet last Saturday. It was always great to see the families and the volunteers of the community. Squires thanked McDonald for his handout tonight. He wondered if the Department of Fish and Game tested the fish in Resurrection Bay. Long did not know, but knew the sewage lagoon facility continued to be compliant with the Alaska Department of Environmental Conservation. Squires had a good time at the firefighter awards banquet last weekend and congratulated those who received awards at it. McClure thanked the Volunteer Fire Department for their banquet last weekend. It was nice to attend. She noted the Kenai Peninsula Borough Assembly would be in Seward on April 19,2016 for a meeting. She hoped the public would plan to go see the"Peter Pan"production, it was the first musical produced in Seward in a long time. McClure thanked everyone for coming out to the marijuana work session tonight. It was the beginning stage to the discussion and something she felt the city waited the right amount of time before talking about. Butts let council know he would not be at the March 29,2016 City Council meeting.He did not get a chance to attend the last Kenai Peninsula Economic Development District meeting, but there was a meeting scheduled for March 15, 2016 that he planned to attend. Butts congratulated Austin Chapman who was awarded Firefighter of the Year and Devin Loomis who received the City of Seward, Alaska City Council Minutes March 14, 2016 Volume 40, Page 36 Community Service Award. He thanked Squires and Long for their input on the marijuana regulations. Long agreed the timing was right to discuss and adopt any extra regulations regarding marijuana. He appreciated the public showing up and participating at the work session tonight. Bardarson thanked administration and the attorneys on the work session packet tonight. She also thanked the Volunteer Fire Department for their wonderful banquet. Bardarson thanked the volunteers, but also their families for their sacrifices when someone responds to emergency calls. CITIZEN COMMENTS Carol Griswold thanked everyone for the endless meetings they all attended as council members and staff. She applauded their diligence in attendance and participation. Griswold expressed disappointment in her sending out emails to council and not receiving acknowledgement of receipt. She would appreciate knowing they received her emails. She stated the issues she had been speaking of regarding the City Manager's contract and employee issues were difficult things to say. Others were afraid to speak up, but this was a real issue. Bullying needed to be addressed as it was a serious issue. She said employees were the city's most important asset. There should be a confidential way for past and present employees to express concerns. She stated the minutes that referenced her comments at the last meeting were softened and she was disappointed that no one agreed to change the minutes to reflect what she really said. Griswold thanked council again for all that they did. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Keil said she had spoken with Griswold about her concerns in the past and she said the grievance process was in place to address these types of concerns. Squires stated he received Griswold's emails. He thanked her for bringing these items to their attention. He had been asking employees who had left or who were leaving and didn't get verifiable reasons as to why they were parting ways with the city. Butts admonished everyone out there and asked that if there was anything for council to address, to please pass that information along through the City Clerk. He also asked for the public and staff to please make sure to address council members in the proper form. Long encouraged people to contact council members, but reminded the public the council dealt with administrative matters only.The city had a professional human resources officer bound by propriety law and code, and there were bounds on what they could report. It was improper to share every personnel finding in a public manner. Personnel matters should remain private unless otherwise directed. Administration took these allegations very seriously. City of Seward, Alaska City Council Minutes March 14, 2016 Volume 40, Page 37 EXECUTIVE SESSION Motion (McClure/Keil) Go Into Executive Session To Discuss the City Clerk's Annual Evaluation. Motion Passed Unanimous City Clerk Johanna Kinney was invited to stay. Council recessed at 8:28 p.m. Council resumed at 8:33 p.m. Council went into Executive Session at 8:33 p.m. Council came out of Executive Session at 9:23 p.m. ADJOURNMENT The meeting was adjourned at 9:23 p.m. %a - 41-0 ,,,,„. . , jannaKnMC arson t i - ' Clerk Mayor (City Seal) •..„,,.,,,,, . --40-- opt i �• • . 0 SEAL atu ,_,_ • 'Ij c;, ..,.:i.aca4*