HomeMy WebLinkAbout09092019 City Council Minutes City of Seward,Alaska City Council Minutes
September 9, 2019 Volume 40,Page 798
CALL TO ORDER
The September 9, 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 Suzanne Towsley
Jeremy Horn Sharyl Seese
John Osenga Kelley Lane
comprising a quorum of the Council; and
Scott Meszaros,City Manager
Jessica Stallard, Deputy City Clerk
Holly Wells, City Attorney
Excused—None
Absent—None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Craig Ambrosiani thanked council for reconsidering Resolution 2019-076;the Community
Health Center (CHC) was in favor of changing Section 2 of the resolution to read, "Both parties
agree to abide by the co-applicant agreement."He believed this change would simplify the CHC's
agreement with the City of Seward.Ambrosiani said that at the CHC's last board meeting,the CHC
agreed to propose having four ex-officio seats to their board: the City Manager, City Council
healthcare liaison, healthcare administrator, and Seaview executive director. Ambrosiani said the
CHC provided time for public comment in their board meetings and everyone was welcome to
attend.
Bruce Jaffa said the Alaska Department of Transportation (DOT) and Federal Aviation
Administration(FAA)were not the only solution to the airport problem.He believed the city needed
to bring a group together to support the runway extension.He reminded everyone that there would be
a town hall meeting to discuss the airport on September 16, 2019. He wanted to show people who
did not have time to study the airport how important the airport was to the city. He said someone
needed to be the point of contact for this project.
City of Seward,Alaska City Council Minutes
September 9, 2019 Volume 40, Page 799
Jim Doepken said the CHC was able to receive benefits that were not available to other
entities because of their status. He wanted the city to reach an agreement with the CHC that would be
open, honest, and fair to all health care businesses.
Ristine Casagranda was happy that Safeway had stopped using plastic bags, and she
thanked council for the plastic bag ban. She did not want health care to be cut short anywhere
because she felt that mental health and crime went hand in hand. She encouraged everyone to protect
one another.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (McClure/Lane) Approval of Agenda and Consent Agenda
McClure moved Resolution 2019-077 to the consent agenda.
McClure removed the approval of Patrick Lewis' application to Historic Preservation Commission
from the agenda.
Squires postponed Resolution 2019-080 to the September 23, 2019 council meeting.
McClure removed Resolution 2019-079 from the consent agenda.
Squires removed Resolutions 2019-081 and 2019-082 from the consent agenda.
Council unanimously agreed to put the Introduction of Ordinance 2019-015 on the consent agenda.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Ordinance 2019-015, Amending Seward City Code 2.10.045 "Methods Of Action" And SCC
2.15.010 "Methods of Council Action" To Permit Council To Direct The City Manager,City
Attorney, And City Clerk By Motion. This ordinance was introduced tonight, and will come for
public hearing and enactment on September 23, 2019.
Resolution 2019-077, Authorizing A One Year Contract For $368,952 With The State Of
Alaska,Department Of Corrections,For Operating The Seward Community Jail And Housing
Prisoners Charged Or Sentenced Under Alaska Statutes.
Resolution 2019-078, Authorizing The Seward Police Department To Receive Reimbursement
Of$12,257.90 From The$2 Million Dollars Allotted To The Department Of Public Safety As
Part Of Senate Bill 142 For Crime Prevention And Response And Equipment, And
Appropriating Funds.
City of Seward,Alaska City Council Minutes
September 9, 2019 Volume 40, Page 800
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
air Proclamations & Awards
Remembering September 11, 2001
The American Legion Day
POW/MIA Recognition Day
Borough Assembly Report.Kenn Carpenter said Borough Mayor Charlie Pierce would be
in town on September 12, 2019. Carpenter said brochures approved by the borough assembly were
being sent out about the sales tax cap.
In response to McClure, Carpenter said the borough was considering appointing officials
rather than electing them.
In response to Lane,Carpenter said the borough assembly had nothing to report regarding the
schools. He asked the teachers to support the mill tax, so the schools could stay open.
In response to Squires,Carpenter said he would give a presentation on the borough sales tax
cap increase on September 23, 2019 at the council meeting.
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: $28,000 to Lumen Design,
LLC for Professional architectural concept design for Seward Animal Shelter per Resolution 2019-
072;$11,678 to Anixter Inc. for fall and climbing protective equipment;$6,250 to Rocky Elhard for
electric meter base upgrade well house #4; $15,273.40 to JWC Environmental for grinder for lift
station #3; and, $6,000 to Electric Power Systems Inc. for Fort Raymond substation plant
troubleshoot.
In response to Lane, Meszaros said Lumen Design, LLC was initiating design work on the
animal shelter, and they had worked on a lot of other animal shelters in Alaska.
In response to Towsley,Public Works Director Doug Schoessler said all components of the
meter housing and well house were very old and needed to be replaced. He said the city did not have
an electrician on staff who could wire the well house.
In response to Seese,Meszaros said he was researching bed tax penalties that other cities had
in place, and he would bring a resolution to council for waiving bed tax penalties when it was ready.
Towsley requested that the city manager replace the Alaska flag outside of city hall.
In response to Towsley, Meszaros said DOT and FAA would not be available to attend the
town hall meeting on the airport on September 16,2019. He said he would work with the city clerk's
City of Seward,Alaska City Council Minutes
September 9, 2019 Volume 40, Page 801
office to promote the September 16, 2019 town hall meeting at the K.M. Rae building.
Towsley asked the city manager to communicate more with council about changes in the
city employees' work status.
Seese suggested the city consider outsourcing the Finance Director position.
Towsley asked that Meszaros provide information to council about the Interconnect Policy
and a timeline for it in the next city manager's report.
In response to Towsley, Community Development Planner Jackie Wilde said
vibrocompaction was the process where pillars were being made underground to help with
liquefaction during an earthquake. She said ground testing was done before and after the project
and a monitor will be placed at the individual's house who was concerned about this process
affecting her house. Wilde was working with the construction company on security issues.
In response to Towsley, Meszaros said numerous letters had been sent out to Mike
Dunleavy's office regarding the airport project,but no feedback had been received from Dunleavy.
Other Reports, Announcements and Presentations
2019 Student Exchange Program — Samuel Koster, Max Pfeiffenberger, Angel
Schwertfeger
PUBLIC HEARINGS —None
UNFINISHED BUSINESS
Items for Reconsideration
Resolution 2019-076, Approving The 2020 Grant Year Budget For The Seward Community
Health Center As Required By The Co-Applicant Agreement Between The City Of Seward
And The Seward Community Health Center (CHC).
Motion to Reconsider (McClure/Towsley) Reconsider Resolution 2019-076
Towsley believed council could come up with something that would work better for both the
CHC and the city than the resolution council passed at the last council meeting.
Lane was in support of the reconsideration,because new information had been received since
the last council meeting.
Motion to Reconsider Passed Unanimous
City of Seward,Alaska City Council Minutes
September 9, 2019 Volume 40, Page 802
Council suspended the rules to speak to Craig Ambrosiani from the Community Health
Center.
In response to Towsley, Craig Ambrosiani said the Health Resources & Services
Administration (HRSA) consultant's concern with Section 2 of the resolution was that it told the
CHC that they could not hire behavioral health providers,when HRSA said that the CHC needed to
have the final say in its programs.
In response to Lane, Ambrosiani said there was a CHC board meeting on August 29, 2019
that reviewed the health center's co-applicant agreement with the city. He said the four ex-officio
members to the CHC board would be allowed to participate in discussions during board meetings but
they could not vote.
In response to McClure, Ambrosiani said the council had to approve any revisions made to
the co-applicant agreement. He said HRSA gave the CHC 40 days to correct the language in Section
2 or else HRSA was going to take away the CHC's grant.
In response to Seese,Ambrosiani said he had not spoken with Seaview about Section 2 but he
would be willing to talk to them about it.
In response to Seese, Ambrosiani said the ex-officio positions on the board would go into
effect when the co-applicant agreement was completed,but these positions would be renewed every
January.
In response to Towsley, Ambrosiani said his proposed change to Section 2 would reiterate
that all parties would follow the rules outlined in the co-applicant agreement.
Council went back on the rules.
Motion to Amend (Towsley/Lane) Amend Resolution 2019-076 by striking the
language in Section 2 and replacing Sit
with, "Both the City of Seward and the
Seward Community Health Center agree to
abide by the co-applicant agreement and all
applicable laws,regulations,and governing
policies."
Motion to Amend Passed Unanimous
Main Motion Passed Unanimous
NEW BUSINESS
Items Postponed from Previous Agenda
`rm
City of Seward,Alaska City Council Minutes
September 9, 2019 Volume 40, Page 803
Schedule a specific date for previously agreed upon six month review of the legal firm
contract-hired by the City Council to represent our municipality and its citizens' interests.
sari
In response to Lane, McClure wanted council to conduct a review of the city's legal firm
before the new council members were appointed. She felt that the current council members should
complete the legal firm's evaluation.
In response to Lane,City Attorney Holly Wells said she was available for council to review
her performance at any time. She had hoped to finish putting together the flat rate agreement for
council before her review, though. In response to Lane, Squires said the review would be for the
legal firm as a whole. In response to McClure, Wells said she preferred to have a six month review
of the legal firm as an open session in public. In response to Squires, Wells said she could be
available for a special meeting on September 18, 2019 or September 20, 2019.
Towsley suggested Lane bring back a date for the legal firm review as a discussion item for
the September 23, 2019 agenda. Horn suggested waiting until January review the legal firm.
Council scheduled a special meeting to review the legal firm at October 14, 2019 at 5:30 p.m.
In response to Lane, Wells said she could provide council with information on other cities
who have in-house city attorneys.
NEW BUSINESS
Resolutions
Resolution 2019-079,Authorizing The Seward Police Department To Receive Reimbursement
Funds From The Anchorage Police Department Internet Crimes Against Children Division
For The Purchase Of Software And Equipment.
Motion (McClure/Seese) Approve Resolution 2019-079
McClure said the purpose of removing Resolution 2019-079 from the consent agenda was to
add the amount of the reimbursement funds to the title.
Motion to Amend (McClure/Towsley) Amend the title of Resolution 2019-079 by
including the amount of the reimbursement
funds and adding "appropriating these
funds" at the end of the title, so that it
reads, "Authorizing The Seward Police
Department To Receive Reimbursement
Funds of $3,707.47 From the Anchorage
Police Department Internet Crimes Against
Children Division For The Purchase Of
City of Seward,Alaska City Council Minutes
September 9, 2019 Volume 40, Page 804
Software And Equipment, And
Appropriating Funds".
Towsley requested that amounts of funds were included in the resolution titles from now on,
as well as the words "And Appropriating Funds" at the end of the resolution titles.
Motion to Amend Passed Unanimous
Main Motion Passed Unanimous
a tion 2019 non, A uthor-izing The Citty Manager To Enter Int„ A n Agrno., ent �I'ith
. Postponed to September 23, 2019
Council meeting On Consent Agenda.
Resolution 2019-081, Accepting A Grant In The Amount Of $5,000 From The Seward
Community Foundation, And Appropriating Funds.
Motion (McClure/Osenga) Approve Resolution 2019-081
City Clerk Brenda Ballou suggested adding the words, "for the Teen Youth Center" to
Section 1 of this resolution to explain where the money was going.
Motion to Amend (McClure/Towsley) Amend Resolution to 2019-081 by adding
"for the Teen Youth Center" to Section 1.
Motion to Amend Passed Unanimous
Motion to Amend (McClure/Towsley) Amend the Title of Resolution 2019-081 by
adding, "For the Teen Youth Center and
Appropriating Funds."
Motion to Amend Passed Unanimous
Main Motion Passed Unanimous
Council recessed at 8:58 p.m.
Council resumed at 9:04 p.m.
Resolution 2019-082,Accepting A Grant In The Amount Of$3,000 From Alaskans For Litter
Prevention And Recycling, And Appropriating Funds.
Motion (McClure/Osenga) Approve Resolution 2019-082
tiro Motion to Amend (McClure/Towsley) Amend Title and Section 1 by adding"for
City of Seward,Alaska City Council Minutes
September 9, 2019 Volume 40,Page 805
the ALPAR Program."
Motion to Amend Passed Unanimous
Main Motion Passed Unanimous
Resolution 2019-083,Adopting The Reimbursement Incentive Program Application Required
Under Seward City Code Chapter 5.22"Developer Reimbursement And Incentive Program."
Motion (McClure/Seese) Approve Resolution 2019-083
Meszaros said Exhibit A was the draft application for the developer reimbursement and
incentive program,but this form was amendable.In response to Towsley,Wells said Exhibit A being
a laydown should not be an issue for council,because was available as a laydown on the website.
In response to Towsley,Wilde said developers were concerned that maps and the location of
utilities were not provided to them when they submitted an application, because that process was
completed in the assessment district. She said the approval of the assessment district would come
before the developer reimbursement and incentive program in the process. In response to Squires,
Wilde said in the assessment district process, bonds and loans were acceptable and Community
Development would work out the banking aspect with the applicants.She said the assessment would
go with the title of the property.She said the reimbursement would go back to the homeowner and if
the lots were not sold,then the reimbursement would go back to the developer.
In response to Seese, Wells said the developer reimbursement program was when the
developer got up to 50%of the money they spent on the development back.The special assessment
program was not a subsidy or reimbursement, and the city did not control this program. The City
could choose to add a subsidy to any district at any point in the process.This reimbursement program
was designed to encourage developers to be a part of a special assessment program.Wells said that
the incentive could not be held in the middle of the program. Wells said the city may receive a
reimbursement if they choose to help a developer out financially.
In response to Lane, Wilde said Phil Zimmermann had petitioned for a special assessment
district. Zimmermann had held off on moving forward with building his subdivision until the
reimbursement program was approved. She said many developers had the money for subdivisions
but wanted the city to help them out with utilities due to the cost of utilities being so high.Wilde said
the incentive program was the city's way of getting developers to move forward with a chance of
getting a reimbursement back for utilities. She supported approval of this resolution,as long as the
city had the funds to offer these reimbursements to developers.
In response to Lane, Meszaros said the reimbursement program was for developers and not
for individuals buying houses.
In response to Lane, Wilde said the developers she had spoke to were holding off on
developing their districts until the reimbursement program for special assessment districts had been
City of Seward,Alaska City Council Minutes
September 9, 2019 Volume 40, Page 806
approved. In response to Towsley,Wilde said the developers she had been working with were aware
of the laydowns provided at the Council meeting tonight regarding to this resolution.
Wells offered council members the option to call her with questions regarding the developer
reimbursement program and special assessment district free of charge.
Council suspended the rules to speak to Public Works Director Doug Schoessler.
Doug Schoessler said the idea of the developer reimbursement program was to extend the
utilities into the subdivisions that were being built by developers.
Council went back on the rules.
Main Motion Passed Unanimous
Other New Business
Review and discuss subsidies provided by the city to local businesses, agencies, etc.
In response to Lane,Towsley said she was concerned there might not be a consistent policy
for council granting subsidies. Horn believed that subsidies should be determined case-by-case. In
response to Squires, Meszaros said Cooper Landing residents were granted lower camping rates in
Seward based on their evacuation due to the Swan Lake wildfire.He said generally speaking,the city
tried not to give things away for free but sometimes,circumstances warranted it.City Attorney Holly
Wells said the city treated everybody fairly but not necessarily equally,because there were different
circumstances involved for each subsidy.
Council asked the city manager to provide a list of subsidies given in the past year during the
budget process.
Review Council Rules Of Procedure, Rule 17 with particular attention paid to the flow of
information between Council&City Administration.Clarifying the role of mayor using rule 5
and reviewing protocol for calling special meetings based on rule 8.
Motion to Postpone (Lane/McClure) Postpone to the September 23, 2019
meeting.
Motion to Postpone Passed Yes: Lane, McClure,Towsley, Seese,
Osenga
No: Horn, Squires
Direct administration to develop with the attorneys a short blurb with regard to the plastic bag
ban, written in layman's terms (including city compliance tools) and advertise it in the city
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September 9,2019 Volume 40,Page 807
managers report,on the city website and in the paper to help small businesses understand how
to be compliant and what changes are coming.
In response to Towsley, Wilde said the poster for the plastic bag ban was advertised by the
City Clerk's Office and brochures on the plastic bag ban will be mailed out to all Seward and Moose
Pass residents.In response to Towsley,Meszaros said Title 1 of the Seward City Code could be used
to enforce the plastic bag ban by charging fees to business owners who continued to use plastic bags
after October 1' 2019, if council decided this was necessary. In response to Wilde, Seese said
aluminums were recyclables.
Discuss council options when administration is taking and acting upon unilateral direction
from less than 4 council members.
In response to Towsley, Wells said each council member was welcome to talk to the city
manager but if there was an issue with the city manager receiving unilateral direction from council
members,then council could call an executive session to discuss this.Wells advised that the council
member's concerns be shared with the city manager and the mayor.
In response to Squires, Towsley said she believed that the city manager met with a couple
individuals and took action based on their discussion during the first week of June. She was also
concerned that the mayor might have given unilateral direction to the city manager during the break
at the August 26,2019 council meeting. She was also concerned that at the last council meeting,the
city manager said he had spoken with the mayor about the town hall meeting being scheduled for the
airport.
In response to Towsley, Squires said he reiterated the importance of having the meeting
regarding the Jesse Lee Home before August 30,2019 with City Manager Scott Meszaros and Sue
Lang during the recess at the August 26, 2019 council meeting. Squires said his email response to
previous Assistant City Manager Brennan Hickok stated his concerns about the Friends of the Jesse
Lee Home's request for an extension, and the mayor told Hickok that he would not call the special
meeting regarding the Jesse Lee Home.
Wells reminded council that the city clerk should receive emails to council and then,send the
emails out to the council as a whole.She advised against the city manager sending emails directly to
council as a group. She suggested that council add a memo to all discussion items and make sure that
they are actionable items.
In response to Seese,Wells said the idea of the Open Meetings Act was that the business of
the people had to occur in front of the people. As a matter of law, the city manager could not talk
with the council members as a whole through email.
Horn said the direction council provided to the city manager was not for the city manager to
set a special meeting with the Jesse Lee Home but to have a conversation with them.
City of Seward,Alaska City Council Minutes
September 9,2019 Volume 40,Page 808
In response to Towsley,Squires said that his discussion with the city manager about the town
hall meeting for the airport occurred after a Port&Commerce Advisory Board(PACAB)meeting
with two of the PACAB members.He was asked the purpose of the town hall meeting on the airport
and he explained that he wanted the community to be involved in the airport discussion and to help •
council determine the best alternative to reach their goals for the airport.
Towsley felt that better communication between the council and city manager through the
clerk's office could resolve this.Squires said that he would inform council of all of his meetings that
would not violate any confidentiality.
Discuss replacement/employment process for department heads and possibility for council to
change our process and be involved in the hiring process for more positions.
Horn was strongly against council having more hiring and firing capabilities.He said that it
was against both code and charter.In response to Towsley,Wells said the charter prohibited council
members from being involved in the hiring and firing of employees,but the city code violated the
charter when it came to council's hiring and firing capabilities. She said that council had always
followed the charter when it did not comply with the code. She said this discrepancy between the
code and charter needed to be needed to be addressed and council had the authority to change either
the code or the charter.
L Lane requested a recess, but Squires, Horn, and McClure objected because they wanted to
continue the meeting.
Meszaros said it was hard to perform as the city manager when council questioned every little
thing that he had done.He felt that on-boarding,training,and education would benefit the council,as
well as himself. He recommended that council look at their process for putting agenda items on the
council agenda.
Squires said City Code 2.20.015 stated that the city manager should appoint the electric
utility manager, chief of police, finance director, and fire chief with council's approval. He said
council just wanted to make sure that he was looking at good recruits. Wells said that Chapter 7 of
the Charter stated that council should not nominate or appoint any employees of the city. She
believed that the approval process used by council to appoint the utility manager, chief of police,
finance director, and fire chief violated the city charter. In response to Wells, Towsley said that
council had been told before that Chapter 7 of the Charter prohibited council from having hiring and
firing capabilities. She believed that this contributed to the mistrust at city hall between council and
the city manager. In response to Lane,Meszaros said Alaska was an at-will state and he had to keep
his conversations with employees about their departure from the city confidential.
In response to Lane, Meszaros said that Sam Hickok was the Acting Finance Director.
Towsley requested council receive more communication with the city manager.She said she
would have a conversation with the city attorney about this discussion and bring it back at a future
meeting.
k
City of Seward,Alaska City Council Minutes
September 9,2019 Volume 40,Page 809
Osenga said he did not feel any mistrust with the city manager.
INFORMATIONAL ITEMS AND REPORTS
On-going City Project and Goal List
Lane was interested in hiring an engineer for the city to help complete the projects on the
city's goal list.
Clerk's Report on Public Records Requests through September 3, 2019
In response to Towsley,Deputy City Clerk Jessica Stallard said that she did not send out
her monthly email reminders to previous Assistant City Manager Brennan Hickok and the Police
Lieutenant Nickell reminding them what public records requests were pending at the end of August
due to Stallard being on vacation for a couple of weeks.
In response to Towsley,Meszaros said his office responded to public records requests within
72 hours of receipt.He said that many of the pending public records requests were due to them being
too costly for the requestor,or requiring a large amount of research to be done in order to complete
them.He said his office did respond to every requestor to see if they wanted to pay for the request or
if they wanted to pull their request.In response to Towsley,Wells said the requestor must be notified
within ten days of the request being sent if their request was denied.
In response to Squires,Stallard said public records requests stayed in the pending status until
they were completed but notes were kept on the status of each public records request. These notes
were also included in each month's report from the clerk to council on public records requests.
In response to Towsley,Wells said that the city attorney,clerk,and city manager would work
on the pending public records requests.
COUNCIL COMMENTS
McClure said she went to the tsunami talk at the library, and she found the discussion very
useful.
Towsley thanked everyone who spoke tonight. American Legion was hosting their auction
for Toys For Tots on September 14, 2019. She congratulated the American Legion on their 100th
Anniversary.
Seese said there were new handicap lines in the parking lot at the post office.
Osenga thanked the American Legion for all their efforts,and he said the student exchange
program students gave a good presentation.
City of Seward,Alaska City Council Minutes
September 9, 2019 Volume 40, Page 810
Lane thanked the students for their presentation tonight. She wanted to encourage everyone
Lir to be kind to one another. She thought everyone handled the reconsideration well and she was
pleased with the turnout.
Squires asked the clerk to put an ADA presentation from Nick Woodard on the September
23,2019 agenda. He would be out of state September 23-30,2019. He encouraged all citizens to vote
for the municipal election on October 1, 2019.
CITIZEN COMMENTS
Lynda Paquette said September 11, 2019 was the Meet the Candidates Night. She
encouraged everyone to be nicer to one another.
Ristine Casagranda said she believed starting the budget discussion at the end of September
was too late.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Towsley said there were multiple conversations about starting the budget early this year,but
it did not happen. She agreed with Casagranda that the budget discussion should start earlier.
In response to Squires, Lane said the budget needed to be approved by the end of December.
Wilde said she would make sure that council received the proposed schedule for budgets.
Meszaros expressed his condolences to the Atwood family for the loss of their son.
ADJOURNMENT
The meeting was adjourned at 10:54 p.m.
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Jessica Stallard David Squires
Deputy City Clerk Mayor
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