HomeMy WebLinkAbout01282019 City Council Special Meeting Packet - Special Election
Special City Council Meeting
Monday, January 28, 2019
Council Chambers, City Hall
6:00 p.m.
Seward City Council
Agenda Packet
SPECIAL MEETING NOTICE
Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling a
Special City Council Meeting on Monday, January 28, 2019 at 6:00 p.m. for the
purpose of introducing:
Ordinance 2019-004, Appropriating $500.00 From The General Fund
Balance To Advocate And Provide The Public Information Regarding
Referendum No. 1 Which Is To Be Decided During The Special
Election To Be Held March 19, 2019.
Ordinance 2019-005, Appropriating $500.00 From The General Fund
Balance To Advocate And Provide The Public Information Regarding
Referendum No. 1 Which Is To Be Decided During The Special
Election To Be Held March 19, 2019.
Ordinance 2019-006, Appropriating $500.00 From The General Fund
Balance To Advocate And Provide The Public Information Regarding
Referendum No. 1 Which Is To Be Decided During The Special
Election To Be Held March 19, 2019.
The meeting will commence in the City Council Chambers, City Hall, 410 Adams Street,
Seward. All interested persons are invited to attend the meetings.
Posted: Friday, January 25, 2019 at 2:00 p.m.
City Hall bulletin board
U.S. Post Office
Harbormaster's Building
City of Seward, Alaska Council Agenda
January 28, 2019 Page 1
The City of Seward, Alaska
Special City Council Meeting
Monday, January 28, 2019 6:00 p.m.
David Squires
Mayor
Term Expires 2019
Sue McClure
Vice Mayor
Term Expires 2019
Suzi Towsley
Council Member
Term Expires 2019
Jeremy Horn
Council Member
Term Expires 2019
Sharyl Seese
Council Member
Term Expires 2021
John Osenga
Council Member
Term Expires 2021
Kelley Lane
Council Member
Term Expires 2020
Jeff Bridges
Interim City Manager
Brenda Ballou
City Clerk
Will Earnhart
City Attorney
1. Pledge Of Allegiance
2. Roll Call
3. Citizen Comments On Any Subject Except Those Items
Scheduled For Public Hearing. [Those who have signed in will be
given the first opportunity to speak. Total time for this agenda item is 36
minutes.]
4. Approval Of Agenda And Consent Agenda [Approval of Consent
Agenda passes all routine items indicated by asterisk (*). Consent Agenda
items are not considered separately unless a council member so requests. In
the event of such a request, the item is returned to the Regular Agenda.]
5. New Business
Ordinances for Introduction
A. Ordinance 2019-004, Appropriating $500.00 From The
General Fund Balance To Advocate And Provide The
Public Information Regarding Referendum No. 1 Which
Is To Be Decided During The Special Election To Be
Held March 19, 2019.
B. Ordinance 2019-005, Appropriating $500.00 From The
General Fund Balance To Advocate And Provide The
Public Information Regarding Referendum No. 1 Which
Is To Be Decided During The Special Election To Be
Held March 19, 2019.
C. Ordinance 2019-006, Appropriating $500.00 From The
General Fund Balance To Advocate And Provide The
Public Information Regarding Referendum No. 1 Which
Is To Be Decided During The Special Election To Be
Held March 19, 2019.
7. Council Comments
8. Citizen Comments
9. Council And Administration Response To Citizen Comments
10. Adjournment
COUNCIL AGENDA STATEMENT
Meeting Date: January 28, 2019
To: Seward City Council
From: Jack McKenna, City Attorney
Agenda Item: Appropriating $500.00 From The General Fund Balance To Advocate And
Provide The Public Information Regarding Referendum No. 1 Which Is
To Be Decided During The Special Election To Be Held March 19, 2019.
BACKGROUND & JUSTIFICATION:
On January 14, 2019, a Referendum Petition to repeal Ordinance No. 412 was certified. Pursuant to
Seward City Code ("SCC") 4.15.050(a), a special election must be held within 75 days of the petition's
submission to the City Council if no regularly scheduled election will occur during that time. City
Council therefore scheduled a Special Election for March 19, 2019 to decide Referendum No. 1.
The City may wish to provide information to the voters of Seward to assist them in making an informed
decision. The City may also choose to take a position on the referendum and expend funds that could
influence the outcome of the election. Alaska Statute 15.13.145 requires that a municipality appropriate
funds via an ordinance if the funds will be used to influence the outcome of an election. To that end, the
City Council will consider which, if any, of three ordinances to adopt. The City Council has three
options: to remain neutral in the delivery of the information (Ord 19-004), to take a position in opposition
to the referendum (Ord 19-005), or to support the referendum (Ord 19-006).
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here):
2. Strategic Plan (document source here) :
3. Other (list):
FISCAL NOTE:
Approved by Finance Department: _______________________________________
ATTORNEY REVIEW: Yes __X__ No _____ Not Applicable ______
RECOMMENDATION:
Enact Ordinance 2019-004, 2019-005, or 2019-006.
Sponsored by: City Attorney
Introduction Date: January 28, 2019
Public Hearing Date: February 11, 2019
Enactment Date: February, 2019
CITY OF SEWARD, ALASKA
ORDINANCE 2019-004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROPRIATING $500.00 FROM THE GENERAL FUND
BALANCE TO ADVOCATE AND PROVIDE THE PUBLIC
INFORMATION REGARDING REFERENDUM NO. 1 WHICH IS TO BE
DECIDED DURING THE SPECIAL ELECTION TO BE HELD MARCH
19, 2019
WHEREAS, the City of Seward ("City") will hold a special election on March 19, 2019
during which voters will decide whether to support Referendum No. 1 regarding whether to
repeal City Ordinance No. 412; and
WHEREAS, City Ordinance No. 412 was adopted on September 8, 1975 and was
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF CITY OF SEWARD, ALASKA,
REJECTING THE APPLICATION OF THE PUBLIC EMPLOYMENT RELATIONS ACT TO
THE CITY OF SEWARD”; and
WHEREAS, Ordinance No. 412 exempts City employees from the requirements of the
Public Employment Relations Act (“PERA”); and
WHEREAS, passage of Referendum No. 1 would mean that City employees are subject
to the requirements of PERA; and
WHEREAS, the City may choose to advocate against Referendum No. 1; and
WHEREAS, Alaska Statute ("AS") 15.13.145 requires that a municipality appropriate
funds via an ordinance if the funds will be used to influence the outcome of an election; and
WHEREAS, the City Council finds it in the public’s interest to advocate and provide
information with regards to Referendum No. 1 and to appropriate funds to that end.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. That $500.00 is hereby appropriated from the general fund balance for the
purpose of advocating and providing information with regards to the passage of Referendum No.
1, including, without limitation, advertisements in print and broadcast media, brochures and
posters, and including, without limitation, the provision of information that may influence the
outcome of the election.
CITY OF SEWARD, ALASKA
ORDINANCE 2019-004
________________________
Section 2. This ordinance shall take effect immediately following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this xx day of February, 2019.
THE CITY OF SEWARD, ALASKA
_______________________________
David Squires, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
_________________________
Brenda J. Ballou, MMC
City Clerk
(City Seal)
Sponsored by: City Attorney
Introduction Date: January 28, 2019
Public Hearing Date: February 11, 2019
Enactment Date: February 11, 2019
CITY OF SEWARD, ALASKA
ORDINANCE 2019-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROPRIATING $500.00 FROM THE GENERAL FUND
BALANCE TO ADVOCATE AND PROVIDE THE PUBLIC
INFORMATION REGARDING REFERENDUM NO. 1 WHICH IS TO BE
DECIDED DURING THE SPECIAL ELECTION TO BE HELD MARCH
19, 2019
WHEREAS, the City of Seward ("City") will hold a special election on March 19, 2019
during which voters will decide whether to support Referendum No. 1 regarding whether to
repeal City Ordinance No. 412; and
WHEREAS, City Ordinance No. 412 was adopted on September 8, 1975 and was
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF CITY OF SEWARD, ALASKA,
REJECTING THE APPLICATION OF THE PUBLIC EMPLOYMENT RELATIONS ACT TO
THE CITY OF SEWARD”; and
WHEREAS, Ordinance No. 412 exempts City employees from the requirements of the
Public Employment Relations Act (“PERA”); and
WHEREAS, passage of Referendum No. 1 would mean that City employees are subject
to the requirements of PERA; and
WHEREAS, the City may choose to advocate against Referendum No. 1; and
WHEREAS, Alaska Statute ("AS") 15.13.145 requires that a municipality appropriate
funds via an ordinance if the funds will be used to influence the outcome of an election; and
WHEREAS, the City Council finds it in the public’s interest to advocate against and
provide information with regards to Referendum No. 1 and to appropriate funds to that end.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. That $500.00 is hereby appropriated from the general fund balance for the
purpose of opposing the passage of Referendum No. 1, including, without limitation,
advertisements in print and broadcast media, brochures and posters, and including, without
limitation, the provision of information that may influence the outcome of the election.
CITY OF SEWARD, ALASKA
ORDINANCE 2019-005
________________________
Section 2. This ordinance shall take effect immediately following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 11th day of February, 2019.
THE CITY OF SEWARD, ALASKA
_______________________________
David Squires, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
_________________________
Brenda J. Ballou, MMC
City Clerk
(City Seal)
Sponsored by: City Attorney
Introduction Date: January 28, 2019
Public Hearing Date: February 11, 2019
Enactment Date: February 11, 2019
CITY OF SEWARD, ALASKA
ORDINANCE 2019-006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROPRIATING $500.00 FROM THE GENERAL FUND
BALANCE TO ADVOCATE AND PROVIDE THE PUBLIC
INFORMATION REGARDING REFERENDUM NO. 1 WHICH IS TO BE
DECIDED DURING THE SPECIAL ELECTION TO BE HELD MARCH
19, 2019
WHEREAS, the City of Seward ("City") will hold a special election on March 19, 2019
during which voters will decide whether to support Referendum No. 1 regarding whether to
repeal City Ordinance No. 412; and
WHEREAS, City Ordinance No. 412 was adopted on September 8, 1975 and was
entitled, “AN ORDINANCE OF THE CITY COUNCIL OF CITY OF SEWARD, ALASKA,
REJECTING THE APPLICATION OF THE PUBLIC EMPLOYMENT RELATIONS ACT TO
THE CITY OF SEWARD”; and
WHEREAS, Ordinance No. 412 exempts City employees from the requirements of the
Public Employment Relations Act (“PERA”); and
WHEREAS, passage of Referendum No. 1 would mean that City employees are subject
to the requirements of PERA; and
WHEREAS, the City may choose to advocate against Referendum No. 1; and
WHEREAS, Alaska Statute ("AS") 15.13.145 requires that a municipality appropriate
funds via an ordinance if the funds will be used to influence the outcome of an election; and
WHEREAS, the City Council finds it in the public’s interest to advocate for and provide
information with regards to Referendum No. 1 and to appropriate funds to that end.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. That $500.00 is hereby appropriated from the general fund balance for the
purpose of supporting the passage of Referendum No. 1, including, without limitation,
advertisements in print and broadcast media, brochures and posters, and including, without
limitation, the provision of information that may influence the outcome of the election.
CITY OF SEWARD, ALASKA
ORDINANCE 2019-004
________________________
Section 2. This ordinance shall take effect immediately following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 11th day of February, 2019.
THE CITY OF SEWARD, ALASKA
_______________________________
David Squires, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
_________________________
Brenda J. Ballou, MMC
City Clerk
(City Seal)