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HomeMy WebLinkAbout08122019 City Council Minutes City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40, Page 764 CALL TO ORDER The August 12,2019 regular meeting of the Seward City Council was called to order at 7:03 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 Suzaysley Jeremy Horn Sharyl Seese John Osenga Kelley Lane comprising a quorum of the Council; and Scott Meszaros, City Manager Brenda Ballou, City Clerk Holly Wells, City Attorney Excused—Towsley Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Carol Griswold referred to an email she sent council on August 9, 2019 expressing her concerns about the Chamber of Commerce's lease; she supported council having a work session to discuss and review the chamber's priorities and budget.Griswold encouraged council to postpone the introduction of Ordinance 2019-014 addressing the city's harassment policy; she didn't think the ordinance was ready,and suggested a task force be formed to develop it.Regarding Resolution 2019- 071 to waive camping fees for the Alaska SeaLife Center volunteers, Griswold wished to see findings and a city code citation included,and a contingency for what would happen if the campsites were empty. Jane Belovarac supported Resolution 2019-072 for the animal shelter design contract; she was excited. Tom Tougas had had questions from the public about his new construction project at Third Avenue and Van Buren; it would be a 70-80 room hotel, specifically designed for bus groups. Tougas stated that most visitors to Seward arrived on busses,trains,or ships. Part of the hotel would City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40, Page 765 be an event center,open year round.Currently there were holes being drilled using vibrocompaction technology, which was a new technology that would eliminate liquification of the ground in the event of an earthquake. mill Wolf Kurtz spoke on behalf of the Historic Preservation Commission and thanked council for considering approving the support resolution for the commission's Certified Local Government (CLG) grant application. Tara Reimer spoke regarding Resolution 2019-071,saying that any unused spaces were free for the city to use. She was asking for support now in order to allow time to recruit for 2020. Rissie Casagranda requested that Ordinance 2019-014 be pulled from the consent agenda because she thought it was confusing. Casagranda recalled a few years back when the city required a public records request in order to obtain copies of city policies, and she wanted to see the city policies on the city website. Regarding the purchase of transformers, Casagranda wanted to know what they would be used for. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Seese) Approval of Agenda and Consent Agenda McClure removed the introduction of Ordinance 2019-013 from the consent agenda. Seese removed the introduction of Ordinance 2019-014 from the consent agenda. Motion (Lane/) Postpone the introduction of Ordinance 2019-014 to August 26, 2019. Motion Failed Yes: Lane No: McClure,Osenga,Horn,Seese,Squires Lane removed Resolution 2019-071 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2019-070, Supporting The Submission Of A Federal Grant Application To The State Of Alaska Prepared By The Seward Historic Preservation Commission To Provide Funds For A Historic Sites Awareness Project Which Requests $35,805 Total, Including A $21,483 Federal Share And A $14,322 Applicant Share. Resolution 2019-072, Authorizing The City Manager To Enter Into A Contract With Lumen Design,LLC For The Seward Animal Shelter Project,Professional Architectural Services For Concept Design, In An Amount Not To Exceed $28,000, And Appropriating Funds. um. City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40,Page 766 Resolution 2019-073,Authorizing The City Manager To Enter Into A Revised Contract With The International Brotherhood Of Electrical Workers (IBEW) Effective July 1, 2019 And Ending June 30, 2022. Approval of the July 22, 2019 City Council Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards—None Borough Assembly Report. Kenn Carpenter stated a lot of citizens had contacted him about the roads in Eadsville; in response, the borough issued a Request for Proposals for towing services to remove abandoned vehicles in the right-of-ways. Regarding borough Resolution 2019- 015 for raising the sales tax cap,the borough wanted to have a public meeting in Seward sometime before the municipal election; if passed, the new sales tax cap would go into effect in 2021. In response to McClure,Carpenter said regarding the issue of having a borough mayor versus a borough manager, Carpenter said it would result in two payrolls; the assembly had not been presented with a description of what a borough manager would look like. 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: $60,000 to Dryden and LaRue Inc. for T-Line Engineering for the Alaska Department of Transportation, Seward Highway Mile 12-22.5, per Resolution 2019-034; and, $5,115 to John Groothof for the Third Avenue Playground Fence Project. Lane requested a ride along with the Electric Department through the city manager; City Attorney Holly Wells warned council not to get involved with city personnel, except through the city manager. Squires suggested ridealongs be coordinated through the city manager or a department head/supervisor so as not to interfere with line workers. Regarding campground recycling, McClure requested the campground hosts be more educated about the various recycling opportunities in Seward. Squires appreciated the crosswalk on Fourth Avenue and Van Buren. Squires brought attention to the south harbor street sign at the harbor where there was a bolt that interfered with a person's ability to read the sign. Other Reports, Announcements and Presentations Seward Community Health Center Quarterly Report by Craig Ambrosiani Elections Stakeholders Task Force Report by Vice Mayor McClure City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40,Page 767 2018 Financial Audit Results presentation by BDO, Inc. Council recessed at 8:15 p.m. Council resumed at 8:26 p.m. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment 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. This ordinance was amended and introduced on July 8, 2019, was referred to administration for further development, and is coming tonight for public hearing and enactment. Motion (McClure/Osenga) Enact Ordinance 2019-011 Meszaros said there was still work to be done, including the creation of an application. Wells said providing a draft ordinance such as this was helpful in the process of gathering public comments; she added that it was critical to have the owners involved in the process,not just developers. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold was pleased that the city attorney reviewed Griswold's comments. Rather than amending the ordinance on the floor, Griswold would still prefer that council have a work session or create a task force. She requested this ordinance be postponed to allow it to be revised, and she wished to have definitions embedded within the ordinance. Rissie Casagranda supported Carol Griswold's suggestion of creating a task force for this topic; she thought there were a lot of people who would be interested in taking part. Phil Zimmerman said he was trying to address a lack of housing in Seward;he was ready to address the problem. No one else appeared to address the Council and the public hearing was closed. Seese thought that anyone wishing to develop property should be willing and able to put in 50% of the cost. Wells said this ordinance was separate and apart from an improvement district or a special assessment district. This ordinance simply asked the question, would the city be reimbursing a portion of the developer's costs? City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40, Page 768 Motion to Amend (Squires/McClure) Amend Ordinance 2019-011 by adding the words, "for undeveloped properties" after "Developer Reimbursement and Incentive Program" so it reads, "Developer Reimbursement and Incentive Program for Undeveloped Properties." Motion to Amend Passed Unanimous Motion to Amend (McClure/Squires) Amend Ordinance 2019-011 by striking the words, "some or all" and replacing them with, "up to 50%" so that it reads, "...reimbursing developers up to 50% of the costs incurred..." Wells would add a definition of"Undeveloped Properties" and bring it back to council. Motion to Amend Passed Unanimous Motion to Amend (Seese/McClure) Amend Ordinance 2019-011 in Section 5.22.030(c)by striking the words,"45 days" and replacing them with,"30 days"so that it reads, "...the requirements for reimbursement within 30 days of receiving the application." Motion to Amend Passed Unanimous Motion to Postpone (McClure/Seese) Postpone the enactment of Ordinance 2019- 011 to August 26, 2019. Motion to Postpone Passed Unanimous UNFINISHED BUSINESS Items Postponed from Previous Agenda Resolution 2019-069, Amending Administrative Filing Fees For Land Management, Signs, Zoning And Platting Requests.Postponed from July 22, 2019. Original Motion (McClure/Lane) Approve Resolution 2019-069 Meszaros stated the resolution had come back to council with additional information, including the redlined fee schedule so that the changes to the fees could be easily identified. Also, City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40, Page 769 Meszaros mentioned that the fees for 8 'h x 11 and 11 x 17 copy charges could be amended out of the resolution because they would be included in the general fee schedule instead. Motion to Amend (McClure/Osenga) Amend Resolution 20919-069 on Attachment A by striking the copy charges for 8 %2 x 11 and 11 x 17 B&W and Color. Motion to Amend Passed Unanimous City Planner Jackie Wilde said the last time these fees were amended was 1997, and the city had recently purchased a large format plot printer. In response to Squires, Wilde said these proposed fees were comparable or below what the borough charged. Main Motion Passed Unanimous Schedule a joint work session with the Port&Commerce Advisory Board and the Chamber of Commerce on August 26, 2019 at 5:30 p.m. to review Chamber funding and priorities, clarifying the city's vision for the future, and deciding what role the Chamber would play in that.Brought back July 22, 2019 per council direction to city clerk on March 11, 2019;Postponed from July 22, 2019. In response to Squires, Meszaros said the city owned the property, the chamber owned the building, and the chamber leased the property from the city for$1 per year. ..re Council suspended the rules to speak with Port&Commerce Advisory Board(PACAB)Chair Christy Terry. Christy Terry said PACAB would have a meeting on Wednesday this week at which she would inform PACAB members. In response to Squires, Terry said PACAB had a good relationship with the chamber and would continue to collaborate with them. Council went back on the rules. Lane requested that the chamber be prepared to discuss any subleases they had for space within the building. Squires requested that the laydown provided by the chamber at the July 22,2019 council meeting be included in the work session materials. Council scheduled a joint work session on August 26, 2019 at 5:30 p.m. NEW BUSINESS Ordinances for Introduction City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40,Page 770 Ordinance 2019-013,Amending City Code Title 6—Purchasing, Contracts And Professional Services,To Clarify That A City Of Seward Business License Is Required To Perform Work For, Or Provide A Service To Or On Behalf Of, The City Of Seward For The Life Of The Contract Or Agreement. Motion (McClure/Osenga) Introduce Ordinance 2019-013 In response to McClure, City Clerk Brenda Ballou stated there was no need for the word "vendor"to be included in this ordinance. Motion to Amend (McClure/Seese) Amend Ordinance 2019-013 by striking the words "Vendor" and "Vendors" so that it reads, "All contractors or providers..." Motion to Amend Passed Yes: Horn, Osenga, McClure, Seese No: Lane, Squires Main Motion Passed Unanimous Council recessed at 9:28 p.m. Council resumed at 9:34 p.m. Ordinance 2019-014, 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,Officials And Agents When Acting On The City's Behalf. Motion (McClure/Seese) Introduce Ordinance 2019-014 Meszaros said council had directed the city attorney to draft this ordinance. Motion to Postpone (Seese/McClure) Postpone the introduction of Ordinance 2019-014 until after council conducts a work session on this topic on September 9, 2019 at 5:00 p.m. Lane requested the following comments be recorded verbatim: "I am opposed to this ordinance change. I was, I requested this. I spoke at length with our attorney, I spoke in a meeting, and I fought for a change to this ordinance. And, unfortunately, all the things that I asked for were turned around opposite to what I requested." Squires gently interjected, "Council Member Lane, I hate to interrupt you, I really do, but our, the motion before us right now is to postpone this introduction and establish a work session."Lane responded,"Umm, so I am opposed to postponing this. I am opposed to a work session. I think that when you ask for pie and you get something else, trying to change it into pie is not a good use of time. It's better to throw out the ingredients and start all over again. And that's what I'd like to do."Wells replied,"Council Member Lane,so I just want City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40,Page 771 to be clear. Then what you are asking for is to be pro-bullying, pro-harassment, and anti-sexual harassment?Because what this ordinance did was exactly what I was directed to do.The only thing, no I think it was exactly, verbatim, what you asked for. Unless, I misunderstood. Because this ordinance does something very unusual,which I think is a very valiant feat by the city,but it actually prohibits bullying and sexual harassment and general harassment,and it expands the scope to apply to all officials,ah,for the city,and it makes that part of,it codifies[unintelligible].So I just want to be clear that you should pull it, if what I have done is taken an ordinance that I thought you were asking for and it's the opposite,which means you wanted something that promotes discrimination.If you want that,that would be a violation of the U.S.Constitution,the Alaska State Constitution,and your own Charter,which prohibits discrimination."Squires said,"OK.So the question before us is if we're going to postpone this[unintelligible]and set a date for a work session.Does somebody have a suggestion for a date for a work session?" Motion to Postpone Passed Yes: McClure,Osenga,Horn,Seese,Squires No: Lane Resolutions Resolution 2019-071, Authorizing The City Manager To Waive Camping Fees And Other Provisions In The Seward City Code In Order To Accommodate The Alaska SeaLife Center RV Volunteer Program. Meszaros said the Alaska SeaLife Center(ASLC) was trying to be proactive with making arrangements for the 2020 season so they could get started on hiring. 4 In response to Lane, Meszaros said he wasn't aware of ASLC's plans to build permanent housing structures. Council suspended the rules to speak with ASLC President and CEO Tara Reimer. Tara Reimer said the ASLC did not have funding to build a permanent structure on their property,although they wished they had the funding.The ASLC owned the old arcade lot at Fourth Avenue and Washington, but that property was far too valuable and too large to dedicate to temporary staff housing; instead, the ASLC hoped someone would be interested in building a commercial structure on that property. In response to Lane, Reimer said the ASLC paid the city$5 per day to offset the cost of utilities for each camp site. In response to Seese, Reimer said getting volunteers was difficult in itself, so recruiting had to start now for next summer; as volunteers wrapped up one summer, they were already making arrangements for where they would be the following summer. Council went back on the rules. Lane thought this resolution favored one organization over many other volunteer organizations, so she would vote against this resolution. City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40, Page 772 Motion Passed Yes:Horn,McClure,Seese,Osenga,Squires No: Lane Resolution 2019-074, Authorizing The City Manager To Approve Purchase Orders With Anixter Distribution For$76,156,And Wesco Distribution For$51,954, For A Total Cost Of $128,110, Plus A 10% Contingency, Totaling $140,921 For The Purchase Of Transformers, And Appropriating Funds. Motion (McClure/Osenga) Approve Resolution 2019-074 Electric Utility Manager John Foutz said purchasing transformers like this was standard operating procedure in order to prepare for future service orders. The lead time to obtain transformers was long, often taking six weeks or more. In response to Seese,Foutz said this purchase was for 28 transformers. If a transformer failed, it was the responsibility of the city to replace it. If the customer requested a transformer be replaced, the cost was borne by the customer. In response to Lane, Foutz said there were multiple voltage transformers in this order. In response to Lane, the 10% contingency was included to cover variable shipping charges, as the transformers would have to be shipped to Seward. Motion Passed Yes: McClure, Horn, Osenga, Squires No: Lane, Seese Other New Business Discuss directing the city manager to leave the Parks&Recreation Director position open until council approves to 2020/2021 budget. Lane requested council support giving direction to the city manager to keep this position open. Wells interjected and said council did not have the authority to direct the city manager to hire or not hire anyone, as long as the position had been budgeted for. Meszaros believed this proposal was interfering with administrative duties.The position was already advertised in at least six or eight locations, and it was a critical position. In response to Squires, Meszaros said the current director was retiring at the end of August, 2019; the written request for retirement from the director would be included in the next packet. Lane referred to a flow chart that she received via email of the Parks & Recreation Department organization chart,and said she thought that with five supervisors capable of running the operations, it was fiscally responsible to delay hiring the director. City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40, Page 773 Wells said, at this moment, council could not direct administration to do anything different with the position, until or unless council took budgetary action via resolution to affect the position. ij Motion (Squires/Seese) Direct the city manager to leave the Parks& Recreation Director position unfilled until after the 2020/2021 budget is approved. Motion Failed Yes: Lane, Seese No: McClure,Osenga, Horn, Squires INFORMATIONAL ITEMS AND REPORTS On-going City Project and Goal List In response to Lane,Meszaros said administration brought the on-call engineer firm,R&M, down to Seward to look at the vacant Air Force Rec Camp property, as well as to install a new entrance/exit door for the Finance Department that would lead directly outside. Clerk's Report on Public Records Requests through August 6, 2019 Deputy City Clerk's memo recognizing local support for the Student Exchange Program Squires thanked Deputy City Clerk Jessica Fogle for this memo. *14 Final Report from Kenai Peninsula Borough Election Stakeholders Group COUNCIL COMMENTS McClure thanked everyone who came and spoke in tonight's meeting. The Silver Salmon Derby was underway; be mindful of visitor traffic, both pedestrian and vehicle. On behalf of the citizens, McClure requested that following the reading of the consent agenda items, the city clerk state, "The items I have just read have been passed and approved." Seese said it was fun to volunteer at the Silver Salmon Derby. She thanked everyone for coming and speaking tonight. Osenga thanked financial auditors BDO for their work, and for all the public for attending and speaking. Lane stated the KPEDD meeting would be August 15, 2019 and she would be attending telephonically. She believed council had a fiscal responsibility to the public, and she took that very seriously. She believed her dedication to fiscal responsibility was reflected in her voting record. Lane said her involvement on council had been very challenging and unrewarding; for her, personally, being on council had cost her about half her income because of the meeting schedule. She had no City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40, Page 774 idea before serving on council what it required. She said there was an unquantifiable cost she paid for voting against the majority, and it was taking an emotional toll on her. But she loved Seward. Squires reminded everyone about the Seward Airport meeting was on Thursday at 5:00 p.m. at the K.M. Rae Building. He would be attending the AML Conference of Mayors tomorrow in Soldotna.Squires concurred with Lane that being on council had its challenges,but he thought when a person signed up to be a candidate, they were inviting the public to bring their issues forward. CITIZEN COMMENTS Rissie Casagranda was concerned with the purchase order report for Resolution 2019-034 for $60,000 for T Line engineering because she was uncertain what was covered. Regarding the developer incentive ordinance, she wished to see more definition about how the fund would work. Jackie Wilde reminded everyone that a Neighborhood Lift Program started today for home buyers. Regarding the Silver Salmon Derby,Rotary was selling duck race tickets;the race would be held Sunday at 1:00 p.m. Carol Griswold thanked council for scheduling the chamber work session, and for postponing Ordinance 2019-014 on harassment. Regarding the ASLC camping resolution, she encouraged council to consider adding findings to support their decision.She requested the city make an effort to water the plants, trees, and flowers around town to get them through this dry period. Griswold pointed out that the Parks&Recreation Department organization should chart include the Parking Department. Norm Regis said there were recycling locations at the south harbor uplands,and in the alley behind Brown & Hawkins downtown. Kyle Walker apologized for his testy remark earlier. Tara Reimer thought it was important that council understood their role, particularly in regard to council's authority over the city manager. Reimer admonished council to trust the city manager and believe him, without needing to hear the same thing from the city attorney as well. Reimer said she reported to a 30-member board, and if her board asked the detailed level of questions to her as council did to the city manager,she wouldn't be there anymore.Council was in a governance role. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Seese thanked Regis for the information about the additional recycling locations. Foutz said regarding Resolution 2019-034, the ADOT hired the city to reroute the city's transmission line as part of the ADOT's project,and the city hired Dryden and LaRue to provide the engineering; the city would be reimbursed by ADOT for those costs. In response to Seese, Foutz confirmed that the ADOT would reimburse the city$60,000 for the work performed. City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40, Page 775 Motion (McClure/Horn) Extend the council meeting adjournment time to midnight. aim Seese said she would prefer to delay the executive session in order to have time to review the audit report. Motion Passed Yes: Osenga, McClure, Horn, Squires No: Lane, Seese EXECUTIVE SESSION Go into executive session for a discussion and analysis regarding accounting and financial management procedures implemented by the City to protect City funds from improper or unlawful use, management or misappropriation SCC 2.10.030(b)(1). Motion (McClure/Horn) Go into executive session for a discussion and analysis regarding accounting and financial management procedures implemented by the City to protect City funds from improper or unlawful use, management or misappropriation SCC 2.10.030(b)(1). Motion Passed Yes: Horn, McClure, Osenga, Squires ..,� No: Seese, Lane City Manager Scott Meszaros, Assistant City Manager Brennan Hickok, Finance Director Kris Erchinger, and City Attorneys Holly Wells and Anmei Goldsmith were invited to remain. Council Member Lane left the meeting. Council recessed at 10:52 p.m. Council resumed at 10:56 p.m. Council went into Executive Session at 10:56 p.m. Council came out of Executive Session at 11:58 p.m. Council came out of executive session and Squires stated that council received a presentation from the Finance Director, which included a written policy that was a public document. City of Seward,Alaska City Council Minutes August 12, 2019 Volume 40,Page 776 ADJOURNMENT The meeting was adjourned at 11:59 p.m. Brenda J. Ballou, MMC David Squires City Clerk c 4 ^ 9 C "'4 y C le, k Mayor (City Seal) ;� ofSE . G • �.• ♦• i'- ' • 3 SEAL J • y • • '1,0•