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City of Seward, Alaska City Council Meeting Minutes
September 10 2018 Volume 39, Page 511
CALL TO ORDER
The September 10, 2018 regular meeting of the Seward City Council was called to order at
7:00 p.m. by Mayor David Squires.
OPENING CEREMONY
Lieutenant Doreen Valadez led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Squires presiding and
Marianna Keil
Sue McClure
Jeremy Horn
comprising a quorum of the Council; and
Eddie Athey, Acting City Manager
Brenda Ballou, City Clerk
Katie Davies, City Attorney
Will Earnhart, City Attorney
Absent — None
Ristine Casagranda
Suzanne Towsley
Sharyl Seese
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Brad Snowden thanked the mayor for attending a cruise ship dock meeting last Friday. He
vowed to persevere on this project to bring a new cruise ship dock to Seward. Snowden supported
the governor and his efforts to bring natural gas to market.
Justin Sternberg introduced himself as the new Blue Pipeline manager. He thanked council
for their support, and said the incubator application deadline had been extended to September 30,
2018. There would be an Open House and applicant pitch presentations on September 22, 2018 at
5:00 p.m. at the KM Rae Building. A second presentation opportunity was scheduled on October 17,
2018 for any subsequent applicants would meet the new deadline.
Christy Terry spoke on behalf of herself and the Alaska Railroad to thank the first
responders and the Electric Department for their quick response to the incident on Labor Day where
a utility pole was taken down by a vehicle accident.
Cindy Ecklund thanked Casagranda for bringing forward the ordinance for banning plastic
bags; she was very supportive of this ordinance.
City of Seward, Alaska City Council Meeting Minutes
September 10, 2018 Volume 39, Page 512
Micheley Kowalski supported the plastic bag ban. She was on the board of Sustainable
Seward, and the plastic bag ban was a priority for that group.
Brenan Hornstead supported the plastic bag ban.
Tamara Philipovich also supported plastic bag ban. She and her husband were year-round
cyclists in Seward, and they noticed a lot of plastic bags in the trees and on the pathways.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda
McClure added an item to Special Orders, Presentations And Reports to add a City Attorney Report.
McClure added an item to Other New Business to discuss and appoint a council member to attend
the September 28, 2018 board meeting for the Alaska SeaLife Center as a non -voting representative
guest.
McClure added an item to Other New Business to review and discuss the application for the visit to
Obihiro for the 50'' Sister City Anniversary.
Squires removed the introduction of Ordinance 2018-007 from the consent agenda.
Squires removed scheduling a work session with Pebble Partnership from the agenda, and requested
a presentation be added to the September 24, 2018 meeting instead.
Squires added an item to Other New Business to schedule a work session with Transco.
Towsley added an item to Other New Business to schedule two executive sessions at the September
24, 2018 meeting.
Squires added an item to Other New Business to discuss an invitation he received to attend a mayor
meeting in Washington, D.C.
Seese removed Ordinance 2018-006 from the consent agenda.
Motion Passed Unanimous
The clerk read the following approved consent agenda items:
Ordinance 2018-008, Amending Title 3, Chapter 15, Salary Administration to Require Council
Approval of the City Manager's Review and Recommendations for External Equity. This
ordinance was introduced tonight and will come for publ is hearing and enactment on September 24,
2018.
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September 10 2018 Volume 39, Page 513
Resolution 2018-0729 Accepting Funds From The Alaska State Library For An OWL
Technology Equipment Purchase Reimbursement Program In The Amount Of $1,397.18 And
Appropriating Funds.
Resolution 2018-073, Accepting Funds From The Alaska State Library For The Public Library
Assistance Grant In The Amount Of $7,000.00 And Appropriating Funds.
Resolution 2018-074, Accepting Funds From The Alaska State Library For Two Continuing
Education Grants In The Amount Of $1,996.00 And Appropriating Funds.
Appoint Cathy Byars, Iris Darling, Sue Faust, Patty Linville, Mark Kansteiner, and Vanessa
Verhey to the Election Board for the October 2, 2018 Municipal Election.
Appoint Jennifer Carr, Quentin Carr, Lori Draper, and Johanna Kinney to the Canvass
Board for the October 2, 2018 Municipal Election.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
Remembering September 11, 2001
The American Legion Day
POW/MIA Recognition Day
Borough Assembly Report. Kenn Carpenter reported that the assembly had voted down
the cigarette tax. There would be a special meeting on September 13, 2018 at 6:00 p.m. at the KM
Rae Building for the flood board to discuss the area of Dieckgraeff Road. The next assembly meeting
would be in Homer on September 18, 2018.
In response to McClure, Carpenter said there were at least two seats open on the flood board.
In response to Squires, Carpenter said the assembly had had some discussions around plastic
bag bans, and had been watching various community actions, but had not yet taken any action
themselves yet.
City Manager Report. Assistant City Manager Brennan Hickok reported the following
purchase orders between $10,000 and $50,000 had been approved by the Acting City Manager since
the last council meeting: $10,715.19 to PCMG, Inc. for eRate funding program for Meraki
equipment at the library; $12,067 to Nu Era Technologies for used oil boiler to heat 330 Ton Wash
Down Pad at SMIC; $28,539.26 to AK Garden & Pet Supply for winter salt supply at Public Works;
and, $31,803.69 to CMI, Inc. for a mulcher attachment for the Volvo excavator in Electric. The lead
paint abatement had been completed on the exterior of the Lowell Canyon water storage tank.
Electric Utility Manager John Foutz said crews had been called out at about 8:00 a.m. on
Labor Day, and had worked until midnight, in response to a downed power line at Nash Road. In
City of Seward, Alaska City Council Meeting Minutes
September 10, 2018 Volume 39, Page 514
response to McClure, Foutz said the approximate cost to run the generators during this event was
approximately $50,000; approximately $30,000 was for fuel costs.
City Attorney Report. City Attorney Katie Davies said she did not have a written report to
provide tonight, and explained that there was a timing issue with the attorney providing a report
versus billing. One suggestion would be to provide council with a written report at the second
meeting of the month, followed by a discussion of the report at the first meeting of the next month.
In response to Towsley, Davies said the attorney reports and billing could only be discussed
to a certain level, and she was cautious about going too far into divulging attorney -client privileged
information.
In response to Squires, Davies confirmed that the next city attorney report would be provided
for the September 24, 2018 agenda packet, and then the city attorney will be present on October 8,
2018 council meeting for discussion.
Council directed the city attorney to categorize, to the best of their ability, the city attorney
bills in order to identify the originator (council, administration, or other).
Davies added that the plastic bag ban ordinance was a step in the right direction.
Other Reports, Announcements and Presentations — None
PUBLIC HEARINGS
Ordinances for Public Hearing & Enactment
Ordinance 2018-005, Amending The Land Use Plan And Zoning Designation Of Two Portions
Of City Owned Land Located Within Tract 5C Forest Acres Subdivision Levee Replat, From
Single Family Residential (Rl), And Rural Residential (RR) To Resource Management (RM).
This ordinance was introduced on August 27, 2018 and is coming tonight for a public hearing and
enactment.
Motion (Keil/Casagranda) Enact Ordinance 2018-005
City Planner Jackie Wilde said Tract 5C was originally created by combining nine lots
during the levee project in 2012. The Planning & Zoning Commission was recommending this.
Notice ofthe public hearing beingposted and published as required by law was noted and the public
hearing was opened. No one appeared to address the Council and the public hearing was closed.
In response to McClure, Wilde confirmed that the Planning & Zoning Commission had voted
unanimously in favor of this.
Motion Passed Unanimous
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September 10 2018 Volume 39, Page 515
UNFINISHED BUSINESS — None
NEW BUSINESS
Ordinances for Introduction
Ordinance 2018-006, Amending Seward City Code Title 6, Entitled "Purchasing, Contracts
And Professional Services," And Section 7.05.510, Entitled "Easements And Right -Of -Way,"
By Decreasing The Purchase Amount Limit The City Manager Is Authorized To Make
Without Advertising Or Previous Action By The City Council From $50,000 To $10,000 In
Any One Item And Adding Language To Section 6.05.010, Entitled "Purchases Of $50,000 Or
Less," Require The City Manager To Report All Purchases Between $5,000 And $10,000 To
The City Council.
Motion (KeiUCasagranda)
Introduce Ordinance 2018-006
Seese said this ordinance had been discussed at last Friday's work session; she believed that
$10,000 may be too low a figure.
Casagranda provided a laydown containing results from informal research she conducted by
polling Cordova, Homer, Kodiak, and Petersburg; capital improvement budget, overall operating
budget, and city manager spending limit were the three items she researched.
In response to Towsley, Athey said, in the event of an emergency, the city manager may
declare an emergency and then would have the autonomy to spend money. Assistant City Manager
Brennan Hickok added that the current city code referred to the purchase of any single item. Athey
said one example to consider was for the city manager to have the flexibility to take advantage of
opportunities, like piggybacking on a vendor being in town.
Motion Passed Unanimous
Ordinance 2018-0079 Adopting Seward Municipal Code Chapter 9.35, Entitled "Plastic Bags
And Polystyrene Containers," To Prohibit The Use Of Non -Biodegradable Plastic Carry -Out
Bags, And Polystyrene Foam Disposable Food Service Ware In The City Of Seward.
Motion (KeiUCasagranda) Introduce Ordinance 2018-007
Squires applauded Casagranda for bringing this ordinance forward, and suggested that there
be a date defined for effectiveness. Squires was also concerned that there was no enforcement clause
included in the proposed code language. Squires wondered which department would be responsible
for compliance of this ordinance.
Seese suggested more research be done to discover how other communities were handling
enforcement.
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September 10, 2018 volume 39, Page 516
In response to McClure, Athey said he contacted Homer to discuss their ordinance, but
Homer stated their ordinance had been repealed due to difficulties in managing the program.
Motion Passed Unanimous
Resolutions
Resolution 2018-075, Approving A Contract Between The City Of Seward And Jeffrey K.
Bridges, Jr. For The Position Of Interim City Manager.
Motion (KeiUCasagranda) Approve Resolution 2018-075
Motion Passed Unanimous
Resolution 2018-076, Accepting Grant Funds In The Amount Of $1,725,000 From ADF&G
With Additional $419,119.43 From CPV Funds To Fulfill The Cooperative Agreement With
ADF&G To Replace The South Harbor Launch Ramp And Appropriating Funds.
Motion (KeiUCasagranda) Approve Resolution 2018-076
Harbormaster Norm Regis said the Alaska Department of Fish & Game (ADF&G) had
originally funded the engineering and design, and now would be paying for contractor portion. Athey
said the Finance Department was working on a breakdown of the Commercial Passenger Vessel
(CPV) funds.
Motion Passed Unanimous
Resolution 2018-077, Authorizing The City Manager To Enter Into A Construction Contract
With Hamilton Construction, LLC For The Replacement Of The South Harbor Launch
Ramp.
Motion (KeiUCasagranda) Approve Resolution 2018-077
Regis referred to a laydown that had been provided that was the signed contract with
Hamilton. Regis said he would be recording the project using time lapse videography.
In response to Towsley, Regis said the contractor would be required to properly dispose of
the pilings or other materials that were being removed.
Motion Passed Unanimous
Other New Business
Evaluate the City Attorney. On August 13, 2018, this evaluation was scheduled for tonight and
was specifically requested to be held in public by City Attorney Will Earnhart.
City of Seward, Alaska City Council Meeting Minutes
September 10 2018 Volume 39, Page 517
Casagranda had been unsatisfied with the city attorney's work. She often felt that she did not
receive the same level of guidance and counsel as other council members. Casagranda thought the
city attorney's feedback or interpretations were often skewed towards administration.
Council scheduled the city attorney's evaluation on October 8, 2018 meeting, and appointed
Casagranda and Towsley as the Tabulation Team.
Earnhart requested to have the evaluation held in public.
Council requested to have a presentation at the September 24, 2018 meeting rather than scheduling
a work session at this time.
Discuss and appoint a council member to attend the September 28, 2018 board meeting for the
Alaska SeaLife Center as a non -voting representative guest.
Council appointed Interim City Manager Jeff Bridges to attend the September 28, 2018 Alaska
SeaLife Center board meeting.
Review and discuss the application for the visit to Obihiro for the 50th Sister City Anniversary.
Council approved the draft application and set the deadline on September 21, 2018 at 5:00 p.m.
Council would vote to select participants at the September 24, 2018 meeting.
Schedule work session for Transco.
Council scheduled a work session on September 25, 2018 at 6:00 p.m. to discuss the city's potential
involvement with the American Transmission Company for electric utility transmission.
Council scheduled an executive session on September 24, 2018 regarding perceived threatened
litigation made by the finance director on August 22, 2018.
City Attorney Katie Davies would attend telephonically.
Council Member Towsley provided the city attorneys with an anonymous letter she received
on Friday, September 7, 2018, and council directed the city attorney to provide an opinion as
to whether the issue would rise to the level of requiring an investigation.
Discuss the mayor's invitation to Washington D.C. on October 23, 2018.
Council approved sending the mayor to Washington, D.C.
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September 10, 2018 Volume 39, Page 518
INFORMATIONAL ITEMS AND REPORTS
U.S. Census Bureau Report.
COUNCIL COMMENTS
Towsley had been upset since she was falsely accused of fraud. She read a statement of
rebuttal that she disclosed she would also be providing to the newspaper and putting on social media.
Earlier this year, Towsley recalled, council had approached the subject of conducting an independent
third -party investigation; she wished this would move forward.
McClure said there had been a large earthquake in Hokkaido, Japan; she wished to keep our
Sister City in our thoughts. She gave her condolences to the family of Jerry Pickett who passed away.
Casagranda congratulated council for hiring a highly -qualified interim city manager.
Thanked Eddie Athey for serving as acting city manager, and gave kudos to Jessica Fogle for serving
as acting city clerk. Casagranda commended Norm Regis on the South Harbor Boat Launch Ramp
Renovation Project, and thanked the Electric Department for the quick fix on Labor Day. She
empathized with Towsley and concurred that internal investigation should move forward.
Seese also commended Jessica Fogle, and was pleased that interim city manager had been
hired.
Squires would be picking up the interim city manager on Saturday from the airport. He
requested that administration set up a community welcome. Squires received letter from the Alaska
SeaLife Center (ASLC) requesting financial support for their annual gala. On Friday, Squires met
with Brad Snowden about the cruise ship dock concept; PND would be presenting concepts on
September 24, 2018, which would potentially be followed up by a work session in October.
CITIZEN COMMENTS
Doug Schoessler said there were problems with the sewer pumps getting clogged by diapers,
rags, etc. being flushed into the sewer system. There had also been repeated vandalism on Lowell
Point Road with people throwing the road signs into the bay. Schoessler requested that local citizens
be aware and keep an eye out.
Patrick Messmer thanked council for hiring Jeff Bridges as interim city manager.
Lynda Paquette was concerned that there was a letter on the city website saying "the city
had more important things to do than deal with signage". She announced that the next Seward Civic
Engagement would be on September 20, 2018 on resolutions and ordinances.
Anthony Baclaan agreed that the interim city manager hire was great. As a small business
owner, he used compostable and biodegradable bags and food serving trays; moving this ordinance
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City of Seward, Alaska City Council Meeting Minutes
September 10, 2018 Volume 39, Page 519
forward to ban plastic bags was very important for the community. Baclaan thought there was a lot of
distrust in town, and that citizens would like to see an investigation.
Brenan Hornstead helped conduct a survey at the Health Fair this year and there had been a
strong interest in having a plastic bag ban.
Tamara Philipovich had been involved in interviewing businesses in town about banning
plastic bags; there was an overwhelming desire for the community to find solutions for greener
packaging.
Kyle Walker believed that any documentation brought to a meeting should be public.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Seese suggested an article in the newspaper might help the public understand what the issues
are with flushing certain items into the sewer.
Keil requested to become involved in Lynda Paquette's Seward Civic Engagement group,
and offered to provide education on how to contact legislators.
Squires requested people come to the next meeting to provide testimony about all the
proposed ordinances.
Hickok concurred that Jeff Bridges was a great pick for interim city manager.
EXECUTIVE SESSION
Go into Executive Session to discuss the City Clerk contract.
Council postponed this item to October 8, 2018.
ADJOURNMENT
The meeting was adjourned at 10:27 p.m.
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