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HomeMy WebLinkAbout06162020 City Council Special Mtg Packet Seward City Council Agenda Packet • Special City Council Meeting Tuesday, June 16, 2020 Council Chambers, City Hall 11:00 a.m. 0 PUBLIC NOTICE TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC HEARING TESTIMONY AT JUNE 169 2020 SEWARD CITY COUNCIL SPECIAL MEETING The Seward City Council will hold a Virtual Special Meeting on Tuesday, June 16, 2020. Because the City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), alternate methods for providing Citizen Comments and Public Hearing Testimony have been created: How To Virtually Attend The Meeting 1. The meeting will be Live Streamed on the city's YouTube page. Log onto YouTube and type "City of Seward Alaska" into the search bar. 2. Listen on the radio. Tune to KIBH-FM 91.7 3. Watch on television. Tune into GCI Cable Channel 9. How To Submit Your CITIZEN COMMENTS 1. Email your WRITTEN Citizen Comments to clerkgcityofseward.net no later than 5:00 p.m. on Monday, June 15 2020. • Identify whether you want your comments READ ALOUD at the meeting or EMAILED to council upon receipt. In response to your email, you should expect to receive a verification email from the clerk confirming the method of delivery — if you do not receive this email,please call the clerk at 224-4045. • Comments requested to be read aloud will be delivered verbally to council by the City Clerk at the appropriate time during the meeting. 2. If you wish to be called on the telephone during the meeting to provide your comments TELEPHONICALLY, send an email request to the City Clerk along with your contact information to clerk2cityofseward.net, including your full name and the telephone number you wish to have called. • The clerk must receive your request no later than 5:00 p.m. on June 15, 2020. • Identify whether you wish to be called during the FIRST or SECOND citizen comment period. • If you wish to be contacted for the first Citizen Comment period, please be prepared to answer your phone starting at 11:00 a.m. • If you wish to be contacted for the second Citizen Comment period, there is no estimate of time to expect the call. In response to your email, you should expect to receive a verification email from the clerk—if you do not receive this email,please call the clerk at 224-4045. 1 • All Citizen Comments will be timed and limited to three minutes (first period) or five minutes (second period). The telephone number will be called ONE time; if there is no answer, the clerk will move on to the next citizen. 3. If you wish to appear in person to deliver your comments IN PERSON, email your request to clerkgcityofseward.net no later than 5:00 p.m. on Monday, June 15, 2020. • Include a phone number that the clerk can use to contact you the morning of the meeting. • Identify whether you wish to be called during the FIRST or SECOND citizen comment period. • In response to your request, you will receive an email from the clerk with instructions on how to appear. 2 SPECIAL MEETING REQUEST Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling a Special City Council Meeting on Tuesday, June 16, 2020 at 11:00 a.m. for the purpose of: Conducting interviews with city attorney firm candidates: Boyd, Chandler, Falconer & Munson, LLP and Landye, Bennet, Blumstein, LLP. The meeting will commence in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend the meetings. Signed this 2nd day of June, 2020. MayorOC-1City age 2 Council Members Upon this request the City Clerk will give due and proper notice as required by SCC 2.10.032 (No business shall be transacted other than stated above) 3 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 Tuesday, June 16, 2020 at 11:00 a.m. for the purpose of- Conducting interviews with city attorney firm candidates: Boyd, Chandler, Falconer & Munson, LLP and Landye, Bennet, Blumstein, LLP. 11:00 a.m. Boyd, Chandler, Falconer & Munson, LLP (Brooks Chandler); 10-15 minute presentation delivered by the firm, followed by 1 hour interview with council. 1:00 p.m. Landye, Bennet, Blumstein, LLP (Leslie Need & Matt Mead); 10-15 minute presentation delivered by the firm, followed by 1 hour interview with council. 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: Tuesday, June 2, 2020 City Hall bulletin board U.S. Post Office Harbormaster's Building Seward Community Library Museum 4 The City of Seward, Alaska Special City Council Meeting Tuesday, June 16, 2020 11:00 a.m. Christy Terry 1. CALL TO ORDER Mayor Term Expires 2022 2. PLEDGE OF ALLEGIANCE Sue McClure 3. ROLL CALL Vice Mayor Term Expires 2020 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Sharyl Seese [Those who have signed in will be given the first opportunity to speak. Time Council Member is limited to 3 minutes per speaker and 36 minutes total speaking time for this Term Expires 2021 agenda item.] John Osenga 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk Council Member (*). Consent Agenda items are not considered separately unless a council Term Expires 2021 member so requests. In the event of such a request, the item is returned to the Regular Agenda] Dale Butts Council Member 6. NEW BUSINESS Term Expires 2022 A. Other New Business Items Tony Baclaan Council Member 1. Conduct interviews with city attorney firm candidates: Term Expires 2022 Julie Crites 11:00 a.m. Boyd, Chandler, Falconer&Munson, LLP; Council Member 10-15 minute presentation delivered by the firm, Term Expires 2020 followed by 1 hour interview with council.............Pg. 7 1:00 p.m. Landeye, Bennett, Blumstein, LLP; 10-15 minute presentation delivered by the firm, followed by Scott Meszaros 1 hour interview with council................................Pg. 9 City Manager 7. CITIZEN COMMENTS[There is no sign in for this commentperiod. Brenda Ballou Time is limited to five(5) minutes per speaker.] City Clerk 8. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Holly Wells City Attorney 9. ADJOURNMENT City of Seward, Alaska 5 Council Agenda June 16, 2020 Page I CITY ATTORNEY FIRM CANDIDATES Interview Schedule Tuesday, June 16, 2020 11:00 a.m. Boyd, Chandler, Falconer & Munson,LLP Brooks Chandler 10-15 minute presentation delivered by the firm, followed by 1 hour interview with council 1:00 P.M. Landye,Bennet,Blumstein,LLP Leslie Need & Matt Mead 10-15 minute presentation delivered by the firm, followed by 1 hour interview with council This will be a public meeting to take place on Tuesday, June 16, 2019 starting at 11:00 a.m. in the City Council Chambers. In response to Coronavirus precautions, the public is encouraged to tune into YouTube for live streaming of the meeting. Each firm is requested to remain outside of chambers while the other interviews are being conducted. 6 BOYD, CHANDLER, FALCONER & MUNSON, LLP ATTORNEYS AT LAW SUITE 302 911 WEST EIGHTH AVENUE ANCHORAGE, ALA SKA 99501 TELEPHONE(907)272-8401 FACSIME:(907)274-3698 bcf@bcfaklaw.com MEMORANDUM TO: Erin Reinders City Manager 6�,& FROM: Brooks W. Chandler, City Attorney RE: City Sponsorship of Charter Flights DATE: October 29, 2019 Here is a summary list of steps required under federal regulations for the City of Unalaska to offer seats on charter flights to members of the public: 1. City enters into contract with air carrier(contingent on United States Department of Transportation(DOT) approval of charter prospectus). The air carrier selected may have a standard contract that meets federal regulations. 2. City fills out DOT required forms. A. Proposed flight schedule- dates and times B. Types of Aircraft C. Number of seats D. Price per seat. 3. Either the City or the air carrier buys a bond or gets a letter of credit guaranteeing City's legal obligations to passengers to provide transportation and to comply with refund obligations. A letter of credit or the bond amount should equal the total price the City pays for the charter or$10,000 per round trip flight. So if 6 flights are anticipated a$60,000 bond or letter of credit is required(unless City's cost is less than$10,000). 4. City sets up an escrow account with a bank and all passenger funds received are deposited into the escrow account. It is theoretically possible that the air carrier selected already has an existing escrow account arrangement with a bank. Funds cannot be withdrawn from the 7 account until the air carrier has been paid in full. 5. City obtains required"Public Charter Assurances" certifying DOT requirements met by city, air carrier and maybe a bank if passenger funds are being held in escrow. 6. City files DOT required"charter program prospectus"with DOT. This contains all of the items referenced above. 7. DOT approves prospectus. We do not know standard turnaround time for DOT approval. It is not until DOT approval is received that the City could legally offer seats on a charter flight. The offering of seats must be done using a contract between the City and each passenger which will contain required consumer protection provisions. DOT has a form contract. The alternative to the above process (and the step we recommend the City take) is to file a waiver request. We will begin drafting a waiver request. The waiver request is submitted to: Special Authorities Division,X-46 Office of International Aviation U.S. Department of Transportation 1200 New Jersey Ave. SE W-86-445 Washington, DC 20590 FAX: (206) 366-3694 email (needs to be confirmed) alie.langhorst(a,dot.gov (202) 366-1037 or reather.flemmings(a,dot.gov(202) 366-1865 8 3/17/2020 LANDYE BENNETT BLUMSTEINLLP A T T O R N E Y S Simply Great Lawyers. Seward City Council Leslie Need & Matt Mead Response to City's RFP for Legal Services Presentation to City Council - March 17, 2020 Who is LBB? 18 attorneys in Anchorage (+ 12 in Portland) Practice Areas: Municipal Law Alaska Native Law Real Estate Banking/Bankruptcy General Counsel Taxation General litigation 9 1 3/17/2020 Complimentary Experience: • Northwest Arctic Borough • Infrastructure/public services • Taxation • Resource management • Wasilla • Litigation/administrative appeals • Business • Planning/permitting • Emmonak • Port • Federal/State Capital Projects • Alaska Municipal League • Taxation • Advice on Statewide municipal issues LOP l How We Work to Provide Efficient & Effective Advice: • Use primary points of contact at LBB: • Leslie &Matt will serve as primary attorneys and manage work performed by other specialized LBB attorneys as needed. • Leslie &Matt coordinate efficient responses to requests from the City. • Encourage the City to select primary City contacts who will identify and approve projects for attorneys. • These practices will help streamline requests to attorneys and ensure no duplication of work while reducing costs to the City. 41 10 2 3/17/2020 Empower & Economize • Bring our expertise to work with City expertise • Provide templates and training to help employees to undertake work that might otherwise be sent to attorneys • Examples: • First draft of ordinances or resolutions completed by employees then reviewed by LBB. • Collection matters—demand letter templates or complaint forms can be completed first by employees then reviewed by LBB. Assist with the City's Current Needs • Legal Budget and Policies:Assist City in evaluating legal needs;help develop a budget and process for requesting legal advice. • Public Health Matters(CO VID-19): Help City evaluate and develop policies and procedures for addressing community concerns and administrative/personnel issues arising from social distancing or quarantine measures. • Litigation:Manage pending litigation with outside counsel.Take over litigation and/or administrative appeal matters as requested by the City. • Capital Projects: Contracts,MOUs,land use,etc. for new and ongoing capital projects. • Airport Runway Extension:Assist with analysis of options and coordinate with State and federal entities. • Revenue:Advise on taxation and revenue as economy fluctuates and State funding changes. • Port:Assist with review of harbor tariff,climate action plan,boat harbor plan update, SMIC Development Plan Review—contract and land use analysis. ILWDP 11 3 3/17/2020 Accountability: Monthly Billing Reports Narrative -- clear statements of work performed Total time for each entry displayed on bill If billing on a flat rate basis, bills would show a narrative and the total time worked for each entry If billing the City hourly, each entry would also show the rate and total charge for the work described in the entry Sample Billing Report Provided L' Values — Efficient, Expert Advice and Reasonable Fees: Flat Rate Proposal $7,000 for up to 35 hours of attorney time— includes litigation and general counsel advice l0-hour monthly allowance over the 35 hours for activities like round-trip driving time, paralegal time, or needed attorney time over the base 35 hours After 45 hours,the City would be billed at contract hourly rate(described below) LBB can notify City when approaching 35 and 45-hour marks Will work with City to maximize value Hourly Rate Proposal—all work completed at quoted rates Partners: $220 Associates: $1.85 r Paralegal: $110 "b" 12 4 3/17/2020 Training: In Person As Requested Possible Topics; Open Meetings Act Parliamentary Procedure Professional Training for Employees Priorities: Be present to efficiently address legal issues Understand and meet City's needs Provide responsive advice Provide proactive — not reactive advice Bring focused attention and assistance 13 5 1 1 �p Leslie Nerd rk Matt l�ieud Landye Bennet[Blumstein LLP .. •`='. . 701 W.Eii;hth Ave,Suite 1200 ' Anchorage,AK 995D1 ,' (9D7)818-9225 LANDYE BENNETT BLUMSTEIN LLP A T T O K N E Y S 701 West 8'Avenue,Suite 1100,Anchorage,Alaska 99501 (907)276-5152 Facsimile: (907)276-8433 EW: 93-0659437 City of Seward March 17, 2020 For Legal Services Rendered through February 29, 2020 Invoice No. 10000 Matter Fees/Hours '` Expenses Total 001 -Council, General Matters FY20 2,640.00/121iis 0.00 2,640.00 002-City Manager FY20 440.00/2hrs 0.00 440.00 003 -City Clerk FY20 1320.00/6hrs 0.00 1320.00 004-Building Dept. FY20 0.00 0.00 0.00 005- Community Development FY20 4440.00/24rs 0.00 440.00 006-Electric Department FY20 0.00 0.00 0.00 007-Finance Department FY20 660`00/3hrs 0.00 660.00 007.001 Joe's Delinquent Restaurant"Collection of.Sales Tax 330.00/1.5hrs 25.00 355.00 008-Fire Department FY20 0.00' 0.00 0.00 009-Harbor FY20 550.0012.5hr 0.00 550.00 010-Library &Museum FY20 220.00/lhr 0.00 220.00 011 -Parks &Recreation FY20 0.00 0.00 0.00 012-Police Department FY20. 0.00 0.00 0.00 013-Personnel/HR FY20 440.00/2hrs 0.00 440.00 013.001 EEOC Complaint by Disgruntled Employee R. Crabby 330.00/1.5hrs 0.00 330.00 013.002 Review of FMLA/AFLA Policies 660.00/3hrs 0.00 660.00 014-Public Works FY20 0.00 0.00 0.00 015 -5M1C FY20 0.00 0.00 0.00 016-Historic Preservation Commission 0.00 0.00 0.00 017-Planning &Zoning Commission 660.00/3hrs 0.00 660.00 0 17,001 -Unhappy Landowner-Appeal of P &Z Decision 770.00/3.5hrs 15.00 785.00 018-Port& Commerce Advisory Board 440.00/2hrs 0.00 440.00 Current Billing $9,900/45hrs 40.00 9,940.00 TOTAL: $7,000 Flat Rate+$40 OR Hourly Rates+$40 15 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 001 Council, General Matters FY20 Professional Fees Date Description Hours Amount 2/10/2020 MJM Review City Council Agenda and Meeting '; 6.0 $1,320.00 Packet; attend City Council Meeting (4.0 hours for travel) 2/24/2020 LRN Review City Council Agenda and.Meeting 6 0.. $1320.00 Packet; call from Mayor regarding Amendment to Agenda; attend City Council Meeting (4.0 hours for travel) Matter,Rate Summary Rate Hours Amount MJM Matthew J.Mead $220.00 6.0 $1,320.00 LRN Leslie R.Need $220.00 6.0 $1,320.00 Total for Services 12.0 $2,640.00 Total This Matter $2,640.00 Prior Balance On This Matter $0.00 Prior.Balance Due $0.00 Current.Balance Due.. $2,640.00 16 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 002 City Manager FY20 Professional Fees Date Description Hours Amount 2/14/2020 LRN Confer with S. Meszaros regarding 2.0 $440.00 funding agreements with ADOT and FAA for Airport Runway Project; review and revise agreements for same Matter Rate Summary Rate Hours Amount LRN Leslie R.Need $220.00 2.0 $440.00 Total for Services 2.0 $440.00 Total This Matter $440.00 Prior Balance On This Matter $0.00 Prior Balance Due $0.00 Current Balance Due $440.00 17 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 003 City Clerk FY20 Professional Fees Date Description Hours Amount 2/7/2020 LRN Review and revise Ord. 2020-004 on 6.0 $1,320.00 Amendment to City Code; review and revise Resolution 2020-022 supporting State Disaster Declaration Matter Rate.Summary. Rate Hours Amount LRN Leslie R.Need $220.00 6.0 $1,320.00 Total for Services 6.0 $1,320.00 Total This Matter $1,320.00 Prior Balance On This Matter. $0.00 Prior Balance Due. $0.00 Current Balance Due $1,320.00 18 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 005 Community Development FY20 Professional Fees Date Description Hours Amount 2/11/2020 LRN Review question from J. Wilde 1.2 $264.00 regarding application for special use permit 2/13/2020 MJM Review email from A. Bacon 0.8 $176.00 with materials for variance request; call to A. Bacon to discuss supplemental materials needed for application Matter Rate Summary Rate.. Hours Amount LRN Leslie R.Need $220.00 L2 $264.00 MJM Matthew J. Mead $220.00 0.8 $176.00 Total for Services.. 2.0 $440.00 Total This Matter $440.00 Prior Balance On This Matter $0.00 Prior.Balance Due $0.00 Current Balance Due $440.00 19 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 007 Finance Department FY20 Professional Fees Date Description Hours Amount 2/3/2020 LRN Confer with T. Stromberg regarding `.. '3.0 $660.00 contract language for purchasing; review. and revise standard purchasing contract Matter Rate Summary Rate Hours Amount LRN Leslie R.Need $220.00 3.0 $660.00 Total for Services 3.0 $660.00 Total This Matter $660.00 Prior Balance On This Matter $0.00 Prior Balance Due $0.00 Current Balance Due $660.00 20 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 007.001 Joe's Delinquent Restaurant—Collection of Sales Tax— Finance Department FY20 Professional Fees Date Description Fours Amount 2/7/2020 LRN Review materials from City; revise 1.5 $330,00 demand letter for collection of delinquent sales tax Matter Rate Summary... Rate Hours Amount LRN Leslie R.Need $220.00 1.5 $330.00 Total for Services 1.5 $330.00 Disbursements and Expenses Date Expenses Amount 2/7/2020 Certified Mail $10.00 2/7/2020 Messenger Delivery Service $15.00 Total Expenses $25.00 Total This Matter $355.00 Prior Balance On This Matter $0.00 Prior Balance Due $0.00 Current Balance Due $355.00 21 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 009 Harbor FY20 Professional Fees Date Description Hours Amount 2/18/2020 MJM Review and revise demand letters 2.5 $550.00 from M. Chase regarding delinquent moorage accounts Matter Rate Summary Rate . Hours Amount MJM Matthew J. Mead $220.00 2.5 $550.00 Total for Services 2.5 $550.00 Total This Matter $550.00 Prior Balance 4n This Matter $0,00 Prior Balance Due $0.00 Current Balance Due $550.00 22 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 010—Library&Museum FY20 Professional Fees Date Description Hours Amount 2/11/2020 MJM Review and revise Library emergency 1.0 $220.00 closure policies Matter Rate Summary Rate Honors Amount MJM Matthew J. Mead $220.00 ::. . 1.0 $220.00 Total for Services 1.0 $220.00 Total This Matter $220.00 Prior Balance On This Matter $0.00 Prior Balance Due $0.00 Current Balance Due $220,00 23 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 013 —Personnel &FIR FY20 Professional Fees Date Description Hours Amount 2/11/2020 MJM Review and revise termination letter; 2.0 $440.00 review discipline steps in City Code Matter Rate Summary Rate Hours Amount MJM Matthew J. Mead `$220.00 2.0 $440.00 Total for Services 2.0 $440.00 Total This Matter $440.00 Prior Balance On This Matter $0.00 Prior Balance Due $0.00 Current Balance Due $440.00 24 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 013.001 EEOC Complaint by Disgruntled Employee R. Crabby—Personnel&HR FY20 Professional Fees Date Description Hours Amount 2/13/2020 LRN Review EEOC Complaint; call to 1.5 $330.00 S. Meszaros to discuss same; draft Entry of Appearance Matter Rate Summary Rate Hours Amount LRN Leslie R.Need $220.00 1.5 $330.00 Total for Services 1.5 $330.00 Total This Matter $330.00 Prior Balance On This Matter < $0.00 Prior Balance Due _ $0.00 Current Balance Due $330.00 25 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 013.002 Review of FMLA/AFLA Policies—Personnel &HR FY20 Professional Fees Date Description Hours Amount 2/10/2020 LRN Review current FMLA/AFLA 1.5 $330.00 policies and forms; revise same 2/11/2020 LRN Continue revising FMLA/AFLA 1 5: $330.00 policies and forms; research employee notice requirements for same Matter Rate Summary Rate Hours Amount LRN Leslie R.Need $220.00 3.0 $660.00 Total for Services 3.0 $660.00 Total This Matter $660.00 Prior Balance On This Matter. $0.00 Prior Balance Due $0.00 Current Balance Due $660.00 26 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 017—Planning &Zoning Commission FY20 Professional Fees Date Description. Hours Amount 2/4/2020 LRN Review Planning and Zoning 3.0 $660.00 Commission Meeting Packet; attend Meeting (telephonic) Matter Rate Summary Rate Hours Amount LRN Leslie R. Need $220.00 3.0 $660.00 Total for Services 3.0 $660.00 Total This Matter $660A0 Prior Balance On This Matter $0.00 Prior Balance Due.' $0.00 Current Balance Due : $660.00 27 City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 017.001 —Unhappy Landowner- Appeal of P &Z Decision— Planning &Zoning Commission FY20 Professional Fees Date Description Hours Amount 2/25/2020 LRN Research legal claims and 3.5 $770.00 draft brief for appeal Matter Rate Summary Rate Hours Amount LRN Leslie R.Need $220.00 3.5 $770.00 Total for Services 3.5 $770.00 Disbursements and Expenses Date Expenses Amount 2/25/2020 Messenger Delivery Service $15.00 Total Expenses $15.00 Total This Matter $785.00 Prior Balance 4n This Matter $0.00 Prior Balance Due $0.00 Current Balance Due $785.00 28 B City of Seward March 17, 2020 Invoice No. 10000 For Legal Services Rendered through February 29, 2020 Re: 018—Port& Commerce Advisory Board Professional Fees Date Description Hours Amount 2/10/2020 MJM Review Port& Commerce 2.0 $440.00 Advisory Board Meeting Packet; attend Meeting(telephonic) Matter Rate Summary Rate Hours Amount MJM Matthew J. Mead $220.00 2.0 $440.00 Total for Services 2.0 $440.00 Total This Matter $440.00 Prior Balance On This Matter $0.00 Prior Balance Due $0.00 Current Balance Due $440.00 29