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HomeMy WebLinkAbout10082018 City Council Minutes City of Seward,Alaska City Council Minutes October 8,2018 Volume 39, Page 538 CALL TO ORDER The October 8,2018 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Vice Mayor Marianna Keil. OPENING CEREMONY Lt. Doreen Valadez led the Pledge of Allegiance to the flag. ROLL CALL There were present: Marianna Keil presiding and Ristine Casagranda Sue McClure Suzanne Towsley Jeremy Horn Sharyl Seese comprising a quorum of the Council; and Jeff Bridges, Interim City Manager 111 Brenda Ballou, City Clerk Will Earnhart, City Attorney Absent—Squires CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Christy Terry was speaking as the chair of the Port and Commerce Advisory Board (PACAB). Regarding Resolution 2018-081, PACAB strongly encouraged council to approve this resolution; this was first considered by PACAB ten years ago. She was aware that there may be concern about dividing assets between a hydroelectric project and a geothermal heat project, but Terry said this project would help make the electric enterprise fund healthier.This feasibility study would help determine whether or not to pursue this project. Brad Snowden had been a resident of Seward for 54 years.He had been a successful hotelier in the past. Regarding the cruise ship dock concept, Snowden said people had to have criteria to measure success,identify your goal,beware of unintended consequences,and think about having a sunset clause. Lynda Paquette said in April,2017 mayor Bardarson signed the We Love Us declaration.In the time that has past,Paquette felt like the community had lost ground.The community had created a GoFundMe account to support a single mother of three who was also a council member;Paquette requested that council remove this discussion item from tonight's agenda. City of Seward,Alaska City Council Minutes October 8,2018 Volume 39, Page 539 APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Casagranda/McClure) Approval of Agenda and Consent Agenda McClure removed the approval of the October 1, 2018 Special Meeting Minutes from the agenda. Towsley requested to remove the GoFundMe discussion from the agenda, but there was objection from council so it remained on the agenda. Keil removed the approval of the September 24, 2018 from the consent agenda. Keil added Resolution 2018-081 to the consent agenda. McClure added an item to Other New Business to discuss November meeting dates. Keil added an item to Other New Business to discuss Unity in the Community. Motion Passed Unanimous The clerk read the following approved consent agenda items: Ordinance 2018-009,Amending The Zoning And Land Use Plan Designation Of City Owned Lot 7A,Fort Raymond Subdivision Replat Number 1,Located At 2101 Dimond Boulevard, From Institutional(INS)To Auto Commercial(AC).This ordinance was introduced tonight, and will come for public hearing and enactment on October 22, 2018. Resolution 2018-081, Authorizing The City Manager To Enter Into A Sole Source Contract For The Amount Of$88,000 With Your Clean Energy To Study The Costs And Feasibility Of A Hydroelectric Project In Lowell Canyon And Produce A Report,And Appropriating Funds. Certification of the October 2,2018 City of Seward election. Approval of the August 20,2018 Special Meeting Minutes. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations & Awards—None Borough Assembly Report. Kenn Carpenter stated the assembly would be meeting tomorrow. The flood board met with city administration and borough representatives to tour the critical flood areas around Seward. There would be an Eastern Peninsula Highway Emergency Service Area(EPHESA)board meeting on October 11, 2018 in the assembly chambers. City of Seward,Alaska City Council Minutes October 8, 2018 Volume 39,Page 540 McClure congratulated Carpenter for his re-election as the KPB assembly representative.In response to McClure,Carpenter confirmed that the flood board was open to any resident to apply. City Manager Report. Jeff Bridges reported the following purchase orders between $10,000 and $50,000 have been approved by the City Manager since the last council meeting: $23,000 to AK Sure Seal for sealing and paving parking lots;$2,313,154.80 for the replacement of the South Harbor boat launch; and, $6,336 to Overhead Doors for the Seward Marine Industrial Center(SMIC) shop door. There was a Request for Proposals released by the Parks & Recreation Department for referees, and the scoring criteria would be: 25% Price Fee Per Game 25% Experience in Same/Similar Work 25% Recruit and Train Officials 25% Ability to Manage Work Proposals would be due by Friday, October 12,2018 at 12:00 p.m. Governor Walker would be in Seward for the Harbormasters Conference on Thursday,and would be hosting a Town Hall meeting,as well as signing SB 92. State Senator Micciche would be in Seward on Wednesday. Bridges thanked the flood board for providing the tour. City Attorney Report. Will Earnhart said either himself or Katie Davies would be attending the signing of SB 92; Holly Wells helped draft the bill. Earnhart said he agreed with 98%of Dan Rapasky's presentation about the Public Employees Relations Act(PERA) at last week's Seward Civic Engagement session hosted by Lynda Paquette. He Disagreed with one thing,and that was that Earnhart believed personalities did have an impact; when trust and communication broke down, fees and expenses rose. Other Reports,Announcements and Presentations Pebble Mine Stand for Salmon PUBLIC HEARINGS—None UNFINISHED BUSINESS—None NEW BUSINESS Other New Business Approval of September 24,2018 Regular Meeting Minutes. City ofSeward,Alaska City Council Minutes October 8,2018 Volume 39, Page 541 Keil said she removed the approval of the September 24, 2018 meeting minutes from the consent agenda because she did not feel the minutes accurately reflected the events, and because during the meeting she had objected to the second motion made by Towsley related to giving the city manager direction to perform an investigation;Keil said it should have been a take back motion.Keil requested that the issue be reviewed and researched,and the minutes brought back at the October 22, 2018 meeting for consideration. Review the city's Federal Priorities List,and confirm the critical topics for the mayor's visit to Washington,D.C. (Squires) Keil recommended noting that the CT Scanner funds had already been obtained,and so that was not a priority anymore. Casagranda requested to reorder Section B so that the tunnel came first and the harbor came second. There was no objection from council. Discuss city attorney memo regarding potential conflicts of interest arising from charitable contributions to council members. (Keil) Keil said she understood that people had really good intentions, but the point of bringing forward this memo was so that everyone understood the implications of a council member receiving donations. Keil believed a council member receiving donations was a conflict of interest. Earnhart said public officials should not take any cash gifts,particularly when the recipient would be free to spend the money in any way they wished. City Attorney Holly Wells said a council member could accept money, so long as they didn't vote on any item of business related to the subject. Wells stated clearly that no council member had violated any law,but warned that the potential existed. Towsley stated she had returned the funds, and would not have to recuse herself from any future voting. In response to Towsley,Keil said the mayor had asked for the memo to be drafted; Earnhart said after he was made aware of the GoFundMe account he contacted the mayor and the mayor agreed that a memo would be in order. Towsley questioned whether council,as a body,had made the determination that one singular member of council could seek legal advice;it was her understanding that direction needed to come from the majority of the body. Casagranda said gifts were reported on the annual financial disclosure forms.She wished that the word "substantial" was better defined in code. Casagranda reiterated that, according to City Council Rules of Procedure,there was already a provision and a process in place for contacting the city attorney,and council was determined to follow that rule. Discuss November city council meeting dates. (McClure) City of Seward,Alaska City Council Minutes October 8, 2018 Volume 39, Page 542 McClure stated there were regular meetings scheduled on Tuesday,November 13,2018 and November 26, 2018. The Alaska Municipal League Conference would be held the week of November 12,2018. She wished council would consider amending the regular meeting schedule. Motion (Seese/Casagranda) Cancel the November 13&26,2018 council meetings, and reschedule them to November 5 & 19,2018. Bridges stated there would be staff missing on November 19, 2018, and it would be difficult to attend on that date. McClure and Towsley would not be available on November 5, 2018. The motion was withdrawn with no objection from council. Motion (McClure/Towsley) Cancel the November 13, 2018 council meeting and keep the November 26, 2018 meeting. Motion Passed Unanimous Motion (McClure/ Cancel the November 9,2018 work session. Bridges requested that council keep the work session scheduled for November 9, 2018 and allow administration to use that opportunity to discuss other topics with council. The motion was withdrawn with no objection from council. Discuss unity in the community. (Keil) Keil said several weeks ago she reached out to the sponsors of the recall petition against Towsley and asked them to consider withdrawing the petition for recall.Keil said although they had gathered signatures,they informed her they would not be submitting the petition for recall. Casagranda thanked Keil for all her service. Keil said we all needed to live up to the standards of what the community expected. INFORMATIONAL ITEMS AND REPORTS Letter Accepting Invitation to Visit Obihiro, Japan for 50`"Anniversary of Sister City. Clerk's Report on Public Records Request for September, 2018. On-Going City Projects and Goals. Council recessed at 8:14 p.m. Council resumed at 8:20 p.m. City of Seward,Alaska City Council Minutes October 8, 2018 Volume 39, Page 543 COUNCIL COMMENTS Casagranda congratulated Seese for being re-elected, and new council members John Osenga and Kelley Lane.Casagranda recalled eight years ago when Vanta Shafer encouraged her to run for council;now Casagranda was looking forward to returning to private life. Casagranda said she learned more sitting at the dais than she ever could have hoped. McClure congratulated all the newly-elected council members,and thanked everyone who ran. Sometimes it was not easy or even fun,but it was important to the community.To Casagranda, McClure recalled when Casagranda was newly-elected and she offered to be her mentor.To Keil,she thanked her for her 23 years of service.McClure would like to have a work session for all of council to review the policies and procedures as a refresh for expectations. Towsley thanked Christy Terry for speaking on behalf of PACAB, Brad Snowden for speaking about the cruise ship dock,and Lynda Paquette for reminding us of love.When Casagranda was first elected, Towsley was a city employee; Towsley thanked Casagranda and Keil for their integrity and passion. She thanked everyone who ran,and congratulated the new council members. Casagranda commended the volunteers for putting on the Seward Music & Arts Festival (SMAF). Seese thanked Casagranda and Keil for their service. She thanked Anthony Baclaan for running,and hoped he would run again next year. Keil wished to"sneak out"as she came to the end of her service without public recognition. She was looking forward to welcoming the harbormasters at the conference tomorrow morning.Keil welcomed the new council members. CITIZEN COMMENTS Patrick Messmer thanked the outgoing council members;he respected both Casagranda and Keil. He had listened to a program recently that said the country was going through a more contentious time now than since the Reconstruction Era,and he hoped that our community could get back to having more unity. Lynda Paquette shared some thoughts on what makes a good community. A good community: was at peace with itself; was confident and assured of its position within its state and country; was self-governing; had a healthy mix of people with diversity; had the best interest of everyone at heart;took pride in its living environment;had a high quality of life;was a place where people wanted to live;was resilient without judgement. Brad Snowden thanked Keil for all her years of service, as well as Casagranda. He had leaned on both of them over time and thanked them both sincerely. City of Seward,Alaska City Council Minutes October 8, 2018 Volume 39, Page 544 Becky Dunn was concerned about businesses not being licensed and not paying sales tax. She wondered if some of the unlicensed businesses in Seward were not getting licensed because they owed child support. She suggested there were charter boat operators approaching campgrounds offering special rates and friendly deals. Darryl Schaefermeyer thanked council for their support of the hydroelectric feasibility study.He thanked Keil and Casagranda for their years of service.He encouraged everyone to serve, and mentioned there were two vacancies on PACAB.Schaefermeyer congratulated the newly-elected officials. Christy Terry thanked council for approving tonight's resolution for the hydroelectric feasibility study. She invited the community to an exhibitor open house for the Harbormasters Conference at the KM Rae Building tomorrow evening.Terry thanked Keil and Casagranda for their service, and thanked the newly-elected officials and those who ran. Valarie Kingsland invited everyone to celebrate Alaska book week. There would be five authors at the Seward Community Library Museum tomorrow evening in the community room at 5:30 p.m. Kelley Lane was grateful for being elected to council. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Bridges thanked Keil and Casagranda for the opportunity given to him,and for their service. He congratulated the newly-elected officials and looked forward to working with them. EXECUTIVE SESSION Go into executive session to evaluate the city attorney. Earnhart requested that his evaluation be held in public. Council agreed to discuss only the summary of evaluations,so that document would become public record. Earnhart said his firm was very dedicated to the community of Seward.He understood that he needed to work on being more direct with his comments. Regarding the July,2018 special meeting with the last-minute executive session,he agreed it was not appropriate,but still thought it had been important to have.Regarding personnel training for supervisors,that had not been accomplished,and Earnhart said it would have been difficult to conduct under the circumstances. Casagranda thanked Earnhart for his work. She truly believed that Earnhart did what he thought was best. She encouraged council to conduct a Request for Proposals (RFP) for attorney services,and would encourage Earnhart's firm to put in for it. City ofSeward,Alaska City Council Minutes October 8, 2018 Volume 39, Page 545 McClure disagreed with the timing of this evaluation.In her opinion,the firm had performed well. The variety of expertise within the firm was an advantage; she had a lot of faith in this firm. Towsley supported this re-evaluation. The most troubling issue for her was the July special meeting and the executive session that had been called. She was concerned that a lack of communication was driving up the firm's bills.She was also confused about attorney representation, believing that Katie Davies was supposed to be attending council meetings more often. Keil gave the firm a good evaluation.She thought the firm provided excellent advice,but she was concerned that sometimes their advice went unheeded.Keil thought the new council needed to be the body to consider if an RFP was warranted. Casagranda referred to City Council Rules of Procedure, Rule 17, Giving Direction to Appointed Officials:regardless of the city attorneys'wishes,council had previously reconfirmed that this was the procedure that was to be followed.Casagranda was concerned that tonight's memo was requested by one council member,the subject of which was another council member,without ever notifying that council member or the body that the memo was being requested. Motion (Casagranda/Towsley) Direct administration to draft a Request for Proposals (RFP) for city attorney services. Seese was concerned that new council members would have a difficult time deciding whether to put the city attorney services out to RFP or not. Motion Failed Yes: Casagranda,Towsley, Seese No: McClure, Keil Wells agreed that the city attorney had to take direction from the body,but they were bound by duty to respond to potential unlawful acts. In response to Towsley, Wells said the city attorney drafted the memo in response to a potential legal concern. In response to Towsley,Wells said an infraction of city code should be addressed by the city attorney through the mayor.Casagranda disagreed and said Rule 17 should be followed so that there was a documentation trail that could be correlated with city attorney bills; the mayor did not have special rights to access the city attorney that other council members did not have. Using the form provided in the City Council Rules of Procedure for accessing city attorney services was the way to make the entire process transparent. EXECUTIVE SESSION Motion (Casagranda/McClure) Go into executive session to discuss the city clerk contract. Motion Passed Unanimous City of Seward,Alaska City Council Minutes October 8, 2018 Volume 39, Page 546 The city clerk was invited to remain. Council went into executive session at 9:38 p.m. Council came out of executive session at 10:00 p.m. Council appointed a negotiating team consisting of Council Members Towsley and McClure to meet with the city clerk. ADJOURNMENT The meeting was adjourned at 10:00 p.m. ,0( ..,/ , GL(.L�v � n ,7/...4,4 B enda J. Ballou, .f' C Mari a Keil City Clerk Vice Mayor (City Seal) J..+•.C####�# ., •i V` ••OµPOI�,gi.••-re., • • •i•.•• o i r :• i SEAL = ® = • ti • �.ti.TC OF P, . .,� .