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HomeMy WebLinkAbout09242018 City Council Packet Seward City Council Agenda. Packet Election Day is October 2, 2018 Monday, September 24, 2018 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward,Alaska CITY COUNCIL MEETING AGENDA All-America City {Please silence all cellular phones during the meeting} September 24, 2018 7:00 p.m. Council Chambers David Squires 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2019 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Marianna Keil THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Vice Mayor [Those who have signed in will be given the first opportunity to speak. Term Expires 2018 Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] Ristine Casagranda 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by asterisk(*). Consent Agenda items are not considered separately unless Term Expires 2018 a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] Sue McClure Council Member 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Term Expires 2019 A. Proclamations and Awards 1. Acknowledging Darryl Schaefermeyer's retirement Suzi Towsley from the Alaska SeaLife Center after 25 years of Council Member service Term Expires 2019 2. Fire Prevention Month 3. Recognizing Mike & Susie McHone for Emergency Jeremy Horn Services with Seward Volunteer Fire Department, Bear Council Member Creek Volunteer Fire Department, and Seward Term Expires 2019 Volunteer Ambulance Corps 4. Recognizing Mike McHone's retirement from the City Sharyl Seese of Seward after 30 years of service Council Member B. Chamber of Commerce Report Term Expires 2018 C. City Manager Report ...................................... Pg. 4 D. City Attorney Report ..................................... Pg. 14 [The City Attorney Report is being provided in tonight's agenda Jeff Bridges packet, but will not be discussed until the October 8, 2018 meeting Interim City Manager when the City Attorney is present.] E. Other Reports and Presentations Brenda Ballou 1. PND Engineers presentation on the proposed Seward City Clerk cruise ship dock concepts Will Earnhart City Attorney City of Seward, Alaska Council Agenda September 24, 2018 Page I 1 7. PUBLIC HEARINGS [Those who have signed in will be given the first opportunity to speak. Time is limited to 5 minutes per speaker. Anyone wishing to speak a second time may do so only after all other persons have spoken, and then for I minute.] A. Ordinances for Public Hearing & Enactment 1. 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. Pg. 19 2. Ordinance 2018-007, 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. .................................................. Pg. 24 3. Ordinance 2018-008, Amending Title 3, Chapter 15, Salary Administration to Require Council Approval of the City Manager's Review and Recommendations for ExternalEquity. ......................................................................... Pg. 29 8. UNFINISHED BUSINESS —None 9. NEW BUSINESS A. Resolutions *1. Resolution 2018-078, Requesting That The Council Adopt The 2018 Seward Historic Preservation Commission Priorities List. ............................................. Pg. 33 *2. Resolution 2018-079, Authorizing Signatures For All City Bank Accounts And Rescinding All Previous Resolutions In Conflict Herewith. ...................... Pg. 37 *3. Resolution 2018-080, Recommending That The Alice Pickett Memorial Animal Shelter Be Relocated To Lot 6A-2 Fort Raymond Subdivision Replat Number Three, Located At 605 Sea Lion Avenue, Within The Institutional (INS) Zoning District. ............................................................................................... Pg. 39 B. Other New Business Items *1. Approval of the August 13, 2018 Regular Meeting Minutes. ........................ Pg. 49 *2. Approval of the August 16, 2018 Special Meeting Minutes. ........................ Pg. 60 *3. Approval of the August 22, 2018 Special Meeting Minutes. ........................ Pg. 62 *4. Approval of the August 27, 2018 Regular Meeting Minutes. ...................... Pg. 64 *5. Approval of the September 10, 2018 Regular Meeting Minutes. .................. Pg. 67 6. Review citizen applications and make selections on participants for the 50cn Anniversary celebration in Obihiro, Japan in October, 2018. ..................... Pg. 76 7. Discuss Code of Conduct and Code of Ethics. (Keil) ............................... Pg. 79 City of Seward, Alaska Council Agenda September 24, 2018 Page 2 2 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. Clerk's Report on Public Records Request for August, 2018. ............ LAYDOWN B. On-Going City Projects and Goals. ................................................. Pg. 99 C. Meet The Candidates Forum on September 26, 2018. ........................... Pg. 102 D. Financial Reports for Providence Seward Medical and Care Center and the City of Seward through July, 2018. .......................................................... Pg. 103 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. EXECUTIVE SESSION A. Go into Executive Session to discuss the perceived threatened litigation made by the finance director during the August 22, 2018 Special Meeting. 15. ADJOURNMENT City of Seward, Alaska Council Agenda September 24, 2018 Page 3 3 CITY OF SEWARD Jeff Bridges, City Manager P.O. Box 167 Telephone (907)224-4047 Seward, AK 99664 Facsimile (907) 224-4038 MANAGER'S REPORT AUGUST 27, 2018—SEEPTEMBER 10, 2018 There have been no purchase orders issued by the City Manager's office between $10,000 and $50,000 since the last City Council meeting. ADMINISTRATION Personnel meetings Weekly one-on-ones ADA Assessment of City Hall FBI Fraud Prevention Training Level I&II Alaska State Procurement Academy HARBOR • The Harbormaster conducted meetings with Hamilton Construction and R&M for the Breakwater project on 9/13/18, and 9/20/18. • The fenders for the North dock are being loaded on a barge and shipped to Seward. THEY ARE GETTING CLOSE • The 330 ton will require a two day shut down when the paving company arrives. • The Harbormaster sent out a notice to proceed with Hamilton Construction for the South Harbor Launch Ramp renovation project. • Water and electrical installation on the new fisherman float is nearly complete. • The base of the crane has been installed. Hamilton Construction will be placing the finishing touches on the crane this week. • The 50-ton and the 330-ton boat lifts have become extremely busy due to the amount of boats preparing for winter. • The Harbor has filled its Administrative Assistant position vacated by a great employee that moved to Anchorage. • All of us at the harbor are starting to prepare the harbor for winter. The gut (fish waste disposal)barges will be removed in a few weeks. The water department will start turning off the water supplying the floats before it freezes. PUBLIC WORKS Director: A lot is happening at Public Works. The power outage required our response. Staff is preparing for pavement patches to the previous waterline digs and road repairs. The Lowell Canyon tank refurbishment is progressing and we are working to resurface the bridge by the falls. Water,Wastewater Utilities: The power outage on Labor Day caused some damage to our water and sewer facilities at SMIC. We had some extra hours in repairs and oversite until power was restored. We are just beginning the yearly flushing of the sewer mains. 4 Streets: Preparing for pavement and doing traffic control has us busy. The Street department is set to replace a large culvert on Alameda Street that collapsed. Our brush control operations are also continuing into the fall season. We are also addressing a number of drainage issues before freeze up later this fall. Shop: Regular preventive maintenance and small repairs have been completed to many vehicles. Winter vehicles are being checked and readied for our changing weather. Dump truck beds have been painted to allow snow to dump out easier. Large truck tire chains are getting repair links and cross pieces and being stacked for use when needed. Buildings: Boilers that were off for the winter will be serviced and turned on soon. Door repairs and adjustments are being made in the library and City Hall and we are trying to clear time for replacing more light fixtures in the annex. u Contractors preparing to resurface the bridge at the falls. "Traffic will be a one lane road during Y. the paving work." PARKS AND RECREATION Sports & Ree (S&R) • The registration for Fall 2018 sports leagues is now open for all sports. Leagues include Competitive Volleyball, Rec Volleyball, Adult Basketball, and Adult Racquetball. • New this fall: 50% off player fees for every sport if you purchase an annual membership to the gym facilities. • We are currently looking for officials for both the Competitive Volleyball league and the Adult Basketball league. This is a paid opportunity. Contact Sports and Recreation for more info. • Fall hours are now posted for the community at the AVTEC gym and online. Gym facilities will be open to the public: Tuesday through Friday, 9:30 am to 9:00 pm. Sauna hours are 6:30 pm to 8:30 pm Tuesday through Thursday, alternating genders every hour. See the Sports and Rec office located at the AVTECgym for more info. 5 • Sports and Recreation has been excited to rent out the Multi-Purpose Room to Apex Gymnastics the last couple of weeks, and have seen a great turn out for their classes. We love seeing the tots in their costumes and hearing the "Dinosaur Song" in the room. The Multi-Purpose Room is available for community rentals; Contact the S&R office for more info. .Monthly Ra ort Sports S Rec, August 2018 Pul"Im Use Gash 3468 Ptblic Use Credit $30 av Pilions 5175 League Payments 30 MSC S5 Total Monthly Sales S7D4 Gym Attendal)ce=August Gym Attendance Adult Cash Adult PC 88 Yurth/Sc tiw Cash 15 Mlee.5'. 1 Adult Caen. Youth) l or PC p I 16•• Tot 0 TYC.W. AVrEC gp TYC 57 Msc 17 Staff t7 Adult WC.22'. Event Attendancr Team saskevpvl Youin-£ierllw Vvindsong^axcer dp teen•5'. Total Monthly Attendance qtq AVTQC.,t•... Tot.3'. Hours Open Tuesday to Fridays 0:00 am to 0,00 pen Ctu•.ed to Public Saturday to Monday Teen\'okaneer -� Adult\otuntee. b Total Monthly Hours qg 1 ! A Tuv Wed Thu r.•l Upf•n Tl:[iU «em Ury.•n )keel .ere) Upr•n tla:dU elm [lpe'n .l:aU .2m 1 i.ala•+.e rt• .a.l.l ra-t Indoor Park 1 1 A, t..ah:.nt.•.l a.a• Wlra-.i.rt.-♦L.It... m-- o�on rin..o.. ^( nll. .t:rt.1.. ... i' r_ �� '.adult zu aywf !'. ` l O 1•Ir.r ash( well tirih; 1 Open Rockwall �1 Open Basketball Open% leybari Basketball V rfiee W.a•a.....•(l::lfi 7:.'lfl rn. .. -r ale n 11. I�e�e taa..n r:_tu Il:./ar more up a es: LAe 6 Teen Rec Room (TRR) Attendance for month of August • 27 middle school students and 11 high school students for a total of 38 attendees Upcoming events • Middle School Dance Party at TRR, Friday October 5th, 7:00-10:00PM • High School Halloween Dance Party at TRR, Friday October 26th, time TBD • Pumpkin Prowl, October 27th at 6:30PM and the Family Masquerade will follow at 7:OOPM-9:OOPM • Halloween Carnival, October 31$t at the railroad terminal Projects • We are painting the TRR space and we project to begin Monday, September 171", followed by seasonal decorating. Park Maintenance & Campgrounds • We have been conducting routine campground and park maintenance. • The season is slowly coming to an end. Encourage your friends to visit before most of the campgrounds close at the end of Septemeber! • Winter camping is in effect October 1 through April 14. Only the Resurrection Campground will be open. The shower house and dump station will be closed shortly thereafter, weather contingent. COMMUNITY LIBRARY AND MUSEUM August 2018 Statistics 20,305 Front Door Counter * 998 Museum Admission * 956 Movie@2 Admission * 28 Programs * 3,590 Alaska Library Catalog Circulation for Seward * 645 Library Users in Seward * 520 Alaska Digital Library Circulation for Seward * 23 Passport Applications * 20 Notaries * 7 Proctored Exams * 76 Room Uses * 1,253 Public Computer Sessions 2018-19 Winter Hours Sept 17 - May 13 Library Winter Hours Mon: 11 am-6pm Tues, Wed, Thurs: 11 am-8pm Fri, Sat: 11am-6pm Closed Sunday Museum Winter Hours Mon-Thurs: Advance Appt Upon Availability Fri, Sat: Noon- 5pm Closed Sunday Free Admission! Summer Help The Library Museum is returning to Winter hours on Monday, Sept. 17, in which they will open at 11 am instead of 1 Oam. The Director would like to thank the wonderful summer seasonal aides who helped to make the summer a smashing success. Maureen Callahan and Michelle Strubeck helped to keep the museum open while the Curator position was vacant and Susan Moseman helped with the library front desk and the Movie@2 program. Much gratitude for the regular Library Museum staff and the Resurrection Bay Historical Society Collection's Committee as well for their dedication and hard work! Look for a summer report at a future CMR from the Library Museum. New Program at the Seward Community Library& Museum! COMMUNITY CONVERSATIONS Tuesday, Sept 25, 2018 6:00-7:30pm Community Room Light refreshments HOMELESS IN THE GREAT LAND* When it comes to homelessness, what do we expect from our government and ourselves? What are the limits of our responsibility to end homelessness? Do you believe in the power of conversation to enhance our lives and community? Join us for thoughtful discussions that build community the fourth Tuesday in September, October, November, January, February and March, 2018-19. These will be substantive conversations where all participants have an opportunity to listen, learn, question and share about a topic relevant to our community and lives in a respectful manner using thoughtfully selected springboards for discussion. Curious, but not sure if you want to participate? Stop by and check it out...we won't make you if you don't want to! Many thanks to the Alaska Humanities Forum for the Facilitator Training Workshop for Director Kingsland this summer, the Kindling Conversation Kit, and support for this program! This new program kicks off with an Alaska Humanities Forum Kindling Conversation Kit about homelessness in Alaska, but we have five more topics to decide upon. Please, contact Director Kingsland at vkin sland cit ofseward.net with future conversation ideas. *This is not affiliated with the newly formed Seward Homeless Connect Group, but will provide an opportunity to discuss local experiences and perspectives. Regular Programs Play Time is every Saturday 12:OOpm-4:OOpm in the Children's Room. Come check out our collection of themed books, a new assortment of toys, and other activities! Each week has a new theme and selection. Story Time on October 5th at 11 am will have Seward Public Health Nurse Amanda McKinley! Nurse Amanda will come with a helpful checklist to help families set up an emergency bag to in the case of a natural disaster. There will be silly examples of what not to bring in a survival situation, how to stay calm when you're a little person in a big situation, and most importantly, how everyone can help their friends when help is needed. 8 Lunch Bunch starts Wednesday, September 26, 2018 at 12:30-1:30pm. This program is for all Seward area homeschoolers and will be the last Wednesday starting in September and ending in April (does not meet in December). Come have your children bring the current book they are reading and a sack lunch to the library for our first Lunch Bunch of the school year. We will discuss books, share jokes, and enjoy book related topics. September 23-29 is Banned Book Week; we will discuss censorship, and reasons why books are banned. (Titles of discussion include Little Red Riding Hood, Where the Side Walk Ends, & Harriet the Spy). Seward Community Book Club begins Saturday, October 20, 2018 at 1 lam in the Upstairs Meeting Room. The Community Book Club will be the third Saturday of every month starting in September through April. Our first book will be the Alaska Reads selected book, Steam Laundry by Nicole Stellon O'Donnell. This novel of poems is the true story of a miner's wife during the Klondike and Alaska Gold Rushes. The written verse takes the compelling stories of love, loss, failure, and desire within turn of the century Alaska. Patrons can pick up a copy at the Library Front Desk or can access the book through the Alaska Digital Library https://adl.overdrive.com/where patrons can download the book or audiobook for FREE. All they need is their library card number and they can get instant access. Don't forget to bring a tasty dish to share! Frankenreads, Nov. 17 Special Community Book Club Selection! This year is the 200th Anniversary since Mary Shelley wrote Frankenstein. All across the world people are celebrating by reading the book aloud, offering book clubs,movie showings, and other fun events to celebrate this literary classic during the month of October. Due to this special occasion, our next book after Steam Laundry will be Frankenstein, or the Modern Prometheus. After reading Frankenstein,please check out our book kit options here h!W://www.anchoragelibrga.orgLbooks- lus-movies- lus-music/find-it/boo - -club-bags/)ook-club-bag-list/. Pick out 6-8 titles of books that look like something you would like to read this winter, bring it to book club so we can vote on November 17, and discuss Frankenstein! ELECTRIC Number of new Job Orders started since Jan. 1, 2018: (38) End of Construction Season(new job orders deadline is 9/28, tentative end of construction is 10/19) -As always,the electric department will attempt to install/construct as many new jobs as the weather allows. Rebekah Ivy did an outstanding job listening to and talking with a very unhappy customer about the Lowell Point outage last week when the crew hung the high-vis aerials/overhead power line marker balls and made critical repairs to the distribution lines to avoid potential outages this winter. The customer was upset about the timing of the outage in relation to the tourist season and that she wasn't personally notified and Rebekah handled the situation (yelling, profanity, etc.) with the highest degree of respect and professionalism and was a credit to the electric department and the City of Seward staff. The electric department attempts to notify people affected by a scheduled outage with public notices. Unfortunately, scheduled outages are never convenient for everyone. The electric department is sorry for these inconveniences and is open to suggestions on how to better notify people. Great job Rebekah! The crew is currently doing clearing along Nash Road when time from new jobs allow. The Lowell Point critical cross arm repair and high-vis aerials/overhead power line marker balls were installed last week. The balls are located just over Spruce Creek Bridge and before the Lowell Point Volunteer Fire Department. A test flight/test landing will be scheduled in the near future. 9 p • a. F'• !a " Via, r � b .• �„� <-' yF� 'r 45 At k The heavily damaged primary line next to the Post Office and the Post Office service line were both replaced. last Sunday-the crew worked outside of normal business hours to not interfere with Post Office operation. This will help the community by reducing the likelihood of outages for the post office this winter. The meter base for the harbor crane in SMIC is installed and the crew will be installing this service line next week(tentatively scheduled for Monday 9/17). FINANCE September Meter Readin The meter reading effort this month electronically read 94%of all service-area meters in under four hours. This leaves approximately 70 meters which are not being read electronically. We expect to reduce this number by approximately 20 in October due to information that Finance is able to discern, with the remaining meters awaiting action by the electric department staff. The ability to electronically read meters on approximately the same day every month will ensure that customer's meter readings are more accurate and the number of billed days per month is more consistent. FBI Procurement Contracts and Fraud Class The finance director and deputy finance director attended the FBI training course on fraud prevention in government contracting and procurement. In addition, they both attended Level I and Level II certification training through the State of Alaska Procurement Academy which is provided to State employees authorized and with delegated authority for procurement on behalf of the State up to $100,000. Pa oll Position Filled The finance department is pleased to announce that we have begun training our new Payroll Accounting Technician this past week. Please help us welcome Becky Roy; we know that she will be a great addition to the finance team. 10 Hospital Operational Shortfalls The finance department is in meetings with Providence finance staff to better understand the adverse financial impacts which are resulting from the latest rate rebasing. We will be asking Council to schedule a work session when more data becomes available, to explain the importance of long-term care census, the process of rate reimbursements, the corresponding three-year impact of rate changes, the additional costs associated with an increase in census, the difference between medical cost inflation and rate-reimbursement methodology inflation allowances, etc. These are the issues which are having a significant adverse impact on the finances of especially, the long-term care facility. Sale of Electric Utility Finance is compiling historical rate data, financial reports, budgets, capital improvement plans, consumption data, etc. in preparation for continuing discussions with utilities interested in purchasing the Seward Electric Utility. The City considered a sale of the utility between 2000 and 2002 and learned some important lessons in that process, which will guide us in our efforts. As customers and council members express growing concern over electric utility rates, it is incumbent upon the City to consider how best to deliver reliable energy to our residents at the most affordable cost. Monthly Electric Rates The Cost of Purchased Power(COPA)—the rate passed on from Chugach Electric Association--may rise slightly due to a rate increase in demand charges from $12.80 to $13.17, and energy charges from $0.01277 to $0.01314, affecting the total cost of power from Chugach effective in August. This rate change will be directly passed along to the Special Contract customers in accordance with the Electric Tariff, but will not affect the rate the City of Seward charges, displayed on the bill as Seward Utility Charge. For August, the Fuel Adjustment Factor(FAF)rate was $0.0473 for the bills due 9/20/18 and the COPA rate was $0.0539. For September, the FAF rate is $0.0608 and the COPA is $0.0755 for the bills due 10/20/18. Seward Public Employees Association Finance is coordinating with Personnel to provide employee demographic, personnel and payroll data to the Alaska Public Employees Association as the union members work on a proposed contract. Some employees have raised concerns that they have been asked by the union to sign union membership cards prior to development of a contract(and before a City Council vote on approval of a contract) and are told that failure to do so, excludes them from providing input on, and voting on, a proposed contract. Please find below, cut-and- paste provisions of SCC 3.56.010 which states in pertinent part, "that upon the conclusion of the collective bargaining process and the approval of any such contract by the city council...each employee included within the bargaining unit shall indicate whether that person wishes to be governed by the terms and conditions contained in that agreement. If not, the employee shall continue to be subject to this personnel code and regulations and pay plan as they exist and may be amended or changed." In the City Council public discussions, it was never mentioned that employees would need to sign membership cards with the union in order to participate in construction of a contract. Instead, the discussions were clear that only after Council approved a contract, would employees be asked whether or not they wished to participate in the union. I understand the frustration of employees who feel that there is an effort to operate with less than full faith and fair dealing. As the City of Seward opted out of the Public Employment Relations Act(PERA), the City Council has the authority to establish the rules by which unions operate with respect to representation of City employees. I can find nothing in the record that establishes that an employee must sign a membership card with the union in order to provide input into construction of a proposed contract. Why did previous City Council opt out of Public Employees Relations Act? With respect to the recent initiative petition that is being circulated, we have been asked why the City initially opted out of the Public Employees Relations Act. It is largely due to the previous City Council's desires to limit the rights of employees to strike, in order to provide for the orderly provision of public services; to ensure that every individual has the right to determine whether or not to be a member of a union; to reduce the ability 11 Of employees to pressure the City Council to accede to demands by employees in order to protect the public and the public purse; and to not surrender the power to tax to an entity other than the City Council. In making the decision NOT to participate in PERA, the City Council has previously made the following determinations (these are the Council's words, not mine): 1. Right to Strike. "given the size of the City of Seward, its remote geographical location and the dependence of the public on City services, the City Council views all City employees as essential for the public peace, health, safety, and convenience" and "granting public employees the right to strike may be construed as granting employees the right to deny the authority of the City of Seward and, as a home rule municipality, the City of Seward desires its authority to be broadly construed." Further, "a strike or work stoppage by public employees is the equivalent to a rebellion against the very existence of the government and is not to be condoned or permitted."Further, "Employees of the City of Seward, being agents of the City and serving only public purposes, are entirely different from employees in the private sector and a strike by them would contravene the public welfare and paralyze the City and endanger the public health, safety and convenience." 2. Council does not intend to infringe on any individual's right to join or not join a union or to be subject to the terms of a collectively bargained agreement, even though federal or state statutes may provide otherwise. Council wished to "permit collective bargaining on behalf of those employees who choose to be covered by collective bargaining agreement, while protecting the rights of those who do not choose to be covered by a collective bargaining agreement." 3. Economic obligations. "Since the terms of employment of City employees include economic obligations and commitments which under the City of Seward Charter can only be determined by the City Council, granting a right to strike would, in effect, permit employees to place undue pressure and influence on the City Council in that the City Council would be prone to accede to the demands of striking employees in order to protect the public, while the concessions granted in doing so may well also be against the public interest insofar as they could affect the financial well-being of the City. Employees out not be permitted to put the City in such a dilemma." 4. "Unlike private enterprise, the City of Seward does not perform its public functions and activities for profit and thus purely economic considerations may not appropriately be the most important considerations and should not be allowed to become the most important through strike activity." 5. "The efficient operation of the City and harmonious labor relations between the City and its employees will best be served when each individual employee has the maximum freedom possible to choose individually whether to affiliate with other employees or a labor organization for the purpose of collective bargaining." b. "The interests of the majority of the City employees should not infringe on the interests of the minority provided the interests of the minority can be accommodated." 7. `Because the City of Seward has a long-standing set of personnel procedures and ordinances which, for the most part, have resulted in stable and harmonious labor relations, the public interest would be best served by permitting each individual employee the right to choose to continue to be subject to the existing personnel policies and procedures (as they may be amended), thus permitting each employee the widest possible freedom to choose while at the same time permitting those who wish to collectively bargain the right to do so. The City realizes that this approach could be construed as a possible violation under Section 8(a)(1) of the National Labor Relations Act,but also realizes, for reasons set forth above, that the City has the right to determine its own labor relations policies, and has determined, as a legislative matter, that the greatest freedom of choice for individual employees services the public interest best." 8. "The City Council realizes its obligation never to surrender the power of taxation as set forth in the City Charter. The City Council determines that the accountability of the City Council to the public can only be maintained if this power to tax remains exclusively with the City Council. Since the commitment of public monies in the form of wages and working conditions can result in a tax adjustment, the City Council determines that it is essential that the City Council approve any collective bargaining agreement 12 before it can become effective. Because of the budget requirements set forth in the City Charter, and in order to preserve the public's opportunity to be heard on the budget, any collective bargaining agreement which would result in a change in the amounts budgeted for City employees must be concluded in time for the changes to be included in the annual budget prior to the end of the fiscal year." 3.60.035, -No right to strike. % No city employee shall have the right to strike.A strike is defined as a concerted failure to report for duty.a wilful absence from work.a stoppage of work,or an abstinence from the full and proper performance of duties for the purpose of inducing or coercing a change in working conditions ar compensation.The term strike includes any refusal to perform regular duties while other city empEoyees,or any other persons.are engaged in picketing or any other work stoppage.slowdown or refusal. (Ord.540.§2.1985) 13 IZ'10�(�I �_. Birch Horton Bittner & Cherot a professional corporalion William A. Earnhart Respond to Anchorage Office T 907.263.7285 • F 907.276.3680 weamhart@bhb.com September 17, 2018 Mayor and Members of the City Council City of Seward P.O. Box 167 Seward, AK 99664 RE: City Attorney Report for the period of August 1, 2018 through August 31, 2018 Dear Mayor and City Council: The following provides a general summary of work performed for the City during the month of August, 2018, and the assignments, cases, and projects that generated this work. The categories are organized by open matters in our office. 1. General Matters: Attorneys from our office researched, analyzed, and responded to various issues raised by the City during the month of August, including: evaluating and responding to public records requests; analyzing a conflict of interest issue regarding GoFundMe; revising documents related to a recall election; attending the August Council meeting; revising the interim manager contract, advising on various personnel issues; advising on public records issues; advising on allegations of fraud; and advising on issues related to various referendums and proposed ordinances. 2. Hamilton Construction_ Contract: Attorney Adam Cook Garrett reviewed and provided comments on the Hamilton Construction contract in short order. 3. Organizing Activity: Attorney Will Earn- hart responded to numerous matters raised by IBEW and APEA in regard to negotiations and employee management issues, has been working with the administration in preparation for negotiations, and advised on the effect of referendums on existing code. 4. Total Hours Billed. The total number of hours billed by the firm for August 2018 is 160.2 hours. We have attached a chart of fees billed for both July and August and a historic fee chart for reference Please contact me if you have any questions or desire additional information on any of the matters discussed above. 510 L Street, Suite 700,Anchorage,Alaska 99501-1959 1100 Connecticut Ave., NW, Ste. 825,Washington, D.C. 20036 T 907 276.1550•800.478 1550• F 907.276.36801 T 202.659.5800•888.482.4727• F 202.659.1027 507486\1 006\00750872 Birch Horton Bittner & Cherot a profeesionat mrporatinn Mayor and Members of the City Council September 17, 2018 Page 2 of 2 Sincerely, BIRCH HORTON BITTNER & CHEROT William A. Earnhart cc: Acting City Manager 15 507486\1006\00750872 Birch Horton Bittner Cherot Summary by Category City of Seward July 2017 and July 2018 July 2017 Amount Public Records 838.50 Ci Council Directed 838.50 Public Records Litigation 107.50 Contracts/Land 3,397.00 GRAND TOTAL 5,181.501 City Council Directed Litigation Contracts/Land July 2018 Public Records Cade Public Records 610.00 ■Personnel Personnel 11,215.50 City Council Directed 21,311.50 Recall Petition 1,426.00 City Council Labor 2,475.00 Directed Contracts/Land 2,910.00 Recall Petition GRAND TOTAL 39,948.00 e Labor 16 507486\1 006\FEEANA-4 Birch Horton Bittner Cherot Summary by Category City of Seward August 2017 and August 2018 August 2017 Cat Public Records 193.50 ■ Public Records City Council Directed 2,021.00 Litigation 64.50 Labor 215.00 �-City Council Directed Contracts/Land 2,881.00 GRAND TOTAL 5,375.00 Litigation Labor � Contracts/Land August 2018 _ Public Records 1,091.50 Amount Personnel 6,613.50 City Council Directed 13,791.00 Public Records Recall Petition 3,770.00 Labor 4,162.50 Contracts/Land 1,642.50 Personnel GRAND TOTAL 31,071.00 i City Council Directed Recall Petition 507486\1006\FEOCF1-1 17 Birch Horton Bittner Cherot General Matter Summary City of Seward 2016-2017-2018 507,486.1006 2016 2017 Month Amount Month Amount January 6,823.50 January 4,313.50 February 6,044.00 February 4,128.00 March 12,540.50 March 10,083.50 April 2,049.50 April 5,869.50 May 3,705.32 May 5,725.50 June 4,407.50 June 2,945.50 July 4,364.50 July 4,665.50 August 5,998.50 August 2,472.50 September 6,651.00 September 3,953.50 October 4,051.00 October 6,234.00 November 2,905.50 November 8,057.50 December 8,729.00 December 9,828.00 TOTAL 68,269.82 TOTAL 68,276.50 2018 Month Amount January 15,966.00 February 19,091.50 March 13,264.00 April 12,600.00 May 24,662.00 June 16,616.00 July 34,692.50 August 22,341.00 TOTAL 159,233.00 507486\1006\FE454B-1 116f 1 Sponsored by: Casagranda Introduction Date: September 10, 2018 Public Hearing Date: September 24, 2018 Enactment Date: September 24, 2018 CITY OF SEWARD,ALASKA ORDINANCE 2018-006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, 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. WHEREAS, Seward City Code ("SCC") Chapter 6.05, entitled "Incidental Minor Purchases," ("Chapter 6.05") defines Incidental Minor Purchases as Purchases of$50,000.00 or less; and WHEREAS, Chapter 6.05 was amended in 1989 to increase the amount of"incidental purchases" from $5,000.00 to $10,000.00; and WHEREAS, Chapter 6.05 was amended in 2000 by deleting the language that required the city manager to notify the city council at its next regular meeting of any purchases between $5,000.00 and $10,000.00; and WHEREAS, Chapter 6.05 was amended in 2003 by adding SCC 6.05.020, clarifying that the city manager has the authority to make purchases of $1,000.00 or less on the open market with competition as is reasonable and practical in the circumstances and also required that the city manager seek at least three quotes for any purchases greater than $1,000.00 but not more than $10,000.00; and WHEREAS, Chapter 6.05 was amended in 2008 to increase the amount of"incidental purchases" from $10,000.00 to $50,000.00; and WHEREAS, The City of Seward City Council is responsible for approving the City budget; and WHEREAS, The City Council finds it in the public's interest to reduce the amount of incidental purchases from $50,000.00 to $10,000.00 and require the city manager to report all purchases between $5,000.00 and $10,000.00 to council. (stfike-et4= deletions; bold= additions) 507486\1006\00743686 19 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section 1. That section 6.05.010 of the code of Seward, Alaska is hereby amended to read as follows: Seward City 6.05.010. - Purchases of$50,000.00 $10,000.00 or less. The city manager is hereby authorized to bind the city by purchase order or contract without advertising or previous action by the city council for the payment for labor, services, materials or other valuable considerations, in amounts not exceeding $50,000.00 $10,000.00 in any one item; provided, that reasonable efforts have been made to provide the city with the lowest and best prices obtainable, and provided that the city manager shall notify the city council at its next regular meeting of any purchases between $5,000.00 and $10,000.00. Those efforts may include, but are not limited to, the written quotations or advertising for sealed bids. The city manager may reject any or all quotations or bids and may waive minor irregularities in the quotations or bids. Section 2. That section 6.05.020 of the code of Seward, Alaska is hereby amended to read as follows: Seward City 6.05.020. - Minor purchase procedures. A. All purchases for an amount estimated to be $1,000.00 or less shall be made on the open market with such competition as is reasonable and practical in the circumstances. B. Purchases in an amount estimated to be greater than $1,000.00 but not more than $50,000.00 $10,000.00, except as indicated in § 6.05.020.C., shall be made when feasible and when in the best interest of the city in the open market by written or oral quotation or telephone solicitation, which may be done without newspaper advertisement and without observing the procedure prescribed for the award of formal sealed bid purchases. Such open market purchases, whenever practicable, shall be based on at least three quotations and shall be awarded to the lowest qualified bidder. The basis for determining the lowest qualified bidder shall be the same as that used in formal bid procedures as defined in § 6.10.135, including any preferences established by law. C. All purchases of passenger vehicles shall be subject to the provisions of § 6.10 and shall be considered major purchases. Section 3. That section 6.10.110 of the code of Seward, Alaska is hereby amended as follows: Seward City 6.10.110. - Definition. ( strut= deletions; bold= additions) 507486\1006\00743686 20 For the purposes of this chapter, major purchases are those purchase orders or contracts for labor, services, materials, or other valuable considerations which exceed $50,000.00 $10,000.00 for any one item, or any passenger vehicle purchase. Section 4. That section 6.10.210 of the code of Seward, Alaska is hereby amended to read as follows: Seward City 6.10.210. -Use of Competitive Bids. When the cost of goods or services required by the city exceeds the sum of $50,000.00 $10,000.00 the city shall seek and preserve a competitive environment by utilizing the competitive bids as set forth in this article, unless otherwise exempt. Section 5. That section 7.05.510 of the code of Seward, Alaska is hereby amended to read as follows: Seward City 7.05.510 - Easements and rights-of-way. A. A. Subject to applicable provisions of the Kenai Peninsula Borough Code, Title 20, Subdivisions, the city manager may, with regard to city land, negotiate and execute rights-of-way and easements not exceeding a term of 20 years. B. B. The city manager may negotiate and execute the acquisition of rights-of-way and easements necessary for a utility, public improvement or other public use except the city council shall, by resolution, approve acquisitions involving cash considerations or the exchange or real property valued in excess of$50,990.00 $10,000.00. C. Any other rights-of-way and easements shall be granted or acquired only upon approval of the city council. D. The city manager may, at the direction of the city council convey, quitclaim, release, cancel, or otherwise relinquish any real property easement, right-of-way, permit or license the city may have or hold for the purpose of installing, constructing or maintaining a public improvement or utility, whenever the interest is no longer used or useful for that purpose. Section 6. This ordinance shall take effect immediately. ENACTED BY CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, this 24th of September 2018. (stfike = deletions; bold= additions) 507486\1006\00743686 21 Council Agenda Statement Meeting Date: To: Honorable Mayor and Council From: Ristine Casagranda, Council Member 66a j Agenda Item: Amend Title 6, Purchasing, contracts and Professional, SERVICES BY DECREASING THE LIMIT FROM $50,000 TO $10,000 AND ADDING LANGUAGE TO REQUIRE THE CITY MANAGER TO REPORT ALL PURCHASES BETWEEN $5,000 AND $10,000 TO THE CITY COUNCIL. BACKGROUND & JUSTIFICATION: Seward City Code, Section 06.05, addresses the criteria for the city manager of the City of Seward criteria for making purchases of$50,000.00 of less and are defined as minor purchases or otherwise known as incidental purchases. Incidental purchases were originally added to The Seward City Code to give the city manager the authority to make purchases under $5,000.00 without having to first come before council for approval. In 1989, Seward City Code 06.05 was amended to increase the limit of spending for the city manager without council approval from $5,000.00 to $10,000.00. This increase was justified due to increased cost of goods and spending. Later, in 2003, council again amended Seward City Code 06.05, deleting the language that required the city manager to notify the city council at its next regularly scheduled meeting of any purchases between $5,000.00 and $10,000.00. In 2008, Seward City Code 06.05 was amended to increase the limit of spending "incidental purchases/minor purchases" from $10,000.00 to $50,000.00. INTENT The intent of this Ordinance is to provide a system for the city manager to incur incidental purchases that are reasonable and properly reported to council. 22 City Council Agenda Statement Ordinance 2018-006 Page 2 of 2 CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): X Strategic Plan (document source here) : X Other (list): X FISCAL NOTE: Approved by Finance Department: ATTORNEY REVIEW: Yes _X No Not Applicable RECOMMENDATION: 23 Sponsored by: Casagranda Introduction Date: September 10, 2018 Public Hearing Date: September 24, 2018 Enactment Date: September 24, 2018 CITY OF SEWARD, ALASKA ORDINANCE 2018-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING SEWARD MUNICIPAL CODE CHAPTER 9.35 GOVERNING THE USE OF NON-BIODEGRADABLE PLASTIC CARRY-OUT BAGS, AND POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE IN THE CITY OF SEWARD WHEREAS, at a community Seward Strong meeting held on December 5, 2017 a goal to "Increase recycling opportunities, promote compostable items and decrease plastic usage."was selected for the upcoming year; and WHEREAS, the Environmental Protection Agency's website (epa.gov), states "recently the accumulation and potential impacts of plastic pollution has been recognized as an emerging environmental issue (Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection [GESAMP] 2015; United Nations Environmental Programme [UNEP] 2016)"; and WHEREAS, The World Counts website (theworldcounts.com) reports 5 trillion plastic bags will be used this year. Most bags are simply thrown out. Less than 1 percent are recycled. In total, we use 100 million tons of plastic every year. Some 10 percent of this plastic ends up in the oceans - and not without consequence. In the ocean, the plastic is broken down to tiny pieces. Consequently, the plastic builds up and enters into the food chain; and WHEREAS, at the December 2017 United Nations Summit, Erik Solheim — Executive Director of the United Nations Environment Programme describes the plastic problem in our ocean as "an environmental disaster caused by laziness that is easily fixed by a healthy dose of innovation and political will."; and WHEREAS, the Alaskan communities of Bethel, Hooper Bay and Cordova have approved ordinances in the recent years to govern the use of non-biodegradable plastic carry-out bags and polystyrene foam food service ware; and WHEREAS, the Kenai Peninsula Borough transferred 4,362.11 tons of waste from the Seward Transfer Station in FYI 7. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code TITLE 9 —HEALTH AND SAFETY is hereby amended as follows: (Deletions are Bold kethr-ott Additions are Bold Underline.) Chapter 9.35 - PLASTIC BAGS AND POLYSTYRENE CONTAINERS 24 CITY OF SEWARD, ALASKA ORDINANCE 2018-007 9.35.010 -Definitions. "Affected retail establishment" means any commercial business facility that sells goods directly to the ultimate consumer including but not limited to grocery stores, pharmacies, and retail stores. "Biodegradable" means the entire product or package will completely break down and return to nature, i.e., decompose into elements found in nature within a reasonably short period of time after customary disposal. "Customer" means any person obtaining prepared food from a restaurant or retail vendor. "Disposable food service ware" means all containers, bowls, plates, trays, cartons, cups, lids, and other items that are designated for one-time use and on, or in, which restaurant or retail food vendors directly places or packages prepared food or which are used to consume foods. This includes, but is not limited to, service ware for takeout foods and/or leftovers from partially consumed meals prepared at restaurants or retail food vendors. "Food vendor" means any restaurant or retail food vendor located or operating within the city of Seward. "Plastic carry-out bat" means a bat made from plastic that is not intended nor suitable for continuous reuse and that is less than two and one-quarter mils thick and is designed to carry customer purchases from a seller's premises, except for: bags marketed or labeled as "biodegradable" or "compostable," bags used by customers inside stores to package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware items, such as nails and bolts; bags used to contain dampness or leaks from items such as frozen foods, meat or fish, flowers or potted plants; bags used to protect prepared foods or bakery goods; bags provided by pharmacists to contain prescription drugs; newspaper bags, laundry or dry cleaning bags; or bags sold for consumer use off a seller's premises for such purposes as the collection and disposal of garbage, pet waste, or yard waste. "Polystyrene foam" means and includes blown polystyrene and expanded and extruded foams which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including but not limited to fusion of polymer spheres, infection molding, foam molding, and extrusion-blow molding. Polystyrene foam is generally used to make cups, bowls, plates, trays otherwise known as Styrofoam. (Ord. No. 2018-007, § 1, XX-XX-2018) 25 CITY OF SEWARD, ALASKA ORDINANCE 2018-007 9.35.15 -Non-biodegradable plastic carry-out bats. A. Affected retail establishments, food vendors and nonprofit vendors are prohibited from providing plastic carry-out bags to their customers at the point of sale to transport purchased items. Reusable bats, recyclable paper bats and compostable bats, including biodegradable plastic bats, are allowed alternatives. B. Nothing in this section shall be read to preclude affected retail establishments, food vendors and nonprofit vendors from making recyclable paper bags available to customers. C. Affected retail establishments, food vendors and nonprofit vendors are encouraged to provide incentives for the use of reusable bags through education and through credits or rebates for customers that use reusable bags at the point of sale for the purpose of carrying away goods. D. No person shall distribute plastic carry-out bags at any city facility or any event held on city property. (Ord. No. 2018-007, § 1, XX-XX-2018) 9.35.20 -Polystyrene foam disposable food service ware. A. Except as provided in Section 9.35.25, food vendors are prohibited from providing prepared food to customers in disposable food service ware that uses Polystyrene foam. B. All city facilities are prohibited from using polystyrene foam disposable food service ware and all city departments and agencies will not purchase or acquire Polystyrene foam disposable food service ware for use at city facilities. C. All food vendors using any disposable food service ware will use biodegradable or compostable disposable food service ware unless they can show an affordable biodegradable or compostable product is not available for a specific application. Food vendors are strongly encouraged to reuse food service ware in place of using disposable food service ware. (Ord. No. 2018-007, § 1, XX-XX-2018) 26 CITY OF SEWARD, ALASKA ORDINANCE 2018-007 9.35.25 -Exemptions. A. Prepared food prepared or packaged outside the city is exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the city of Seward are encouraged to follow the provision of this chapter. B. Food vendors will be exempted from the provisions of this chapter for specific items or types of disposable food service ware if the city manager or his/her designee finds that a suitable affordable biodegradable or compostable alternative does not exist and/or that imposing the requirements of this chapter on that item or type of disposable food service ware would cause undue hardship. C. Polystyrene foam coolers and ice chests that are intended for reuse are exempt from the provisions of this chapter. D. Disposable food service ware composed entirely of aluminum is exempt from the provisions of this chapter. E. Emergency Supply and Service Procurement. In a situation deemed by the city manager to be an emergency, for the immediate preservation of the public peace, health or safety, city facilities, food vendors, contractors and vendors doing business with the city shall be exempt from the provisions of this chapter. (Ord. No. 2018-007, § 1, XX-XX-2018) Section 2. This ordinance shall take effect ten days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 24th day of September, 2018. THE CITY OF SEWARD,ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: 27 Council Agenda Statement Meeting Date: To: Honorable Mayor and Council From: Ristine Casagranda,Council Member Agenda Item: Ordinance 2018-007,Adopting Sewa4u * l 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. BACKGROUND & JUSTIFICATION: Seward is a coastal community that is the gateway to Kenai Fjords National Park, home to the Alaska Sealife Center, University of Alaska Fairbanks School of Fisheries and Oceans Sciences,The Sikuliaq Research Vessel, Alutiiq Pride Shellfish Hatchery, Alaska Institute of Technology, multiple processors, fisherman, scientist, ecotourism and much more! Recently, several Alaskan communities have identified a need to take an active role in protecting their environment. Reports have shown 5 trillion plastic bags will be used this year, most of which will be thrown out and not recycled. 10%of the plastic bag will end up in the ocean. Consequently, the plastic will enter into the food chain. By governing the use of non-biodegradable plastic bags and polyurethane foam disposable service ware, Seward can take an active role in protecting the environment. INTENT The intent of this Ordinance is to protect and sustain our ocean community. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): X Strategic Plan (document source here) : X Other (list): X FISCAL NOTE: Approved by Finance Department: ATTORNEY REVIEW: Yes_X_No Not Applicable RECOMMENDATION: 28 Sponsored by: Casagranda Introduction Date: September 10, 2018 Public Hearing Date: September 24, 2018 Enactment Date: September 24, 2018 CITY OF SEWARD,ALASKA ORDINANCE 2018-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA AMENDING SEWARD CITY CODE 3.15.025(C) TO REPEAL THE CITY MANAGER'S UNILATERAL AUTHORITY TO ADJUST EMPLOYEE PAY TO ACCOUNT FOR EXTERNAL EQUITY UP TO 20 PERCENT BUT PRESERVING THE CITY MANAGER'S AUTHORITY TO ADJUST THE PAY PLAN FOR EXTERNAL EQUITY SUBJECT TO COUNCIL APPROVAL. WHEREAS, Title 3, Chapter 15 of the Personnel section of the Seward City Code, provides salary administration; and WHEREAS, the City Manager is required to administer the pay plan and keep it current through periodic reviews and comparative studies of pertinent factors affecting levels of pay; and WHEREAS, in 2001, the City hired a firm to review the City's pay plan and concluded it would not be financially feasible to modify the entire pay plan to ensure both internal and external equities; and WHEREAS, in November of 2008, The City adopted an ordinance allowing the City Manager to review and adjust salaries for external equity; and WHEREAS,fair and equitable pay is important to employee retention; and WHEREAS, Seward City Code requires the City Manager to consult with the City Council and employees in developing the pay plan and schedule; and WHEREAS,the City Council is responsible for approving the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Section 3.15.025(c) of the Seward City Code is hereby amended to read as follows: ( streo?i= deletions; bold italics = additions) 29 CITY OF SEWARD, ALASKA ORDINANCE 2018-008 (a) The City Manager shall be responsible for administering the pay plan and keeping it current through periodic reviews and comparative studies of pertinent factors affecting levels of pay. (b) Cost of living allowance. The pay plan may be adjusted with the approval of the City Council on an annual basis to reflect a cost of living allowance (COLA) based on the U.S. Department of Labor, Bureau of Labor Statistics, consumer price index for all urban consumers (CPI-U) for Anchorage, Alaska, for all non-union employees, provided that changes made, if any, in the pay plan to reflect a cost of living allowance will be effective on the day authorized by the City Council. (c) speeifie position by " to 0 Getineil. Any inefeas asseeiated with e�aefaal equity will be justified by the City The City Manager may adjust the pay plan to account for external equity subject to City Council approval. External equity is defined to mean workers in one organization doing the same or a substantially similar job as workers in another organization in the same market receiving the same or substantially similar pay. Section 2. This ordinance shall take effect ten days following its enactment. ENACTED BY CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 24th day of September, 2018. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk 30 Council Agenda Statement Meeting Date: To: Honorable Mayor and Council From: Ristine Casagranda, Council Member Agenda Item: Amend Title 3, Personnel, requiring the approval of the city council to make adjustments due to external equity factors BACKGROUND & JUSTIFICATION: Seward City Code, Section 03.15.025, addresses the administration of the City of Seward pay plan. The City Manager is required to administer the pay plan and keep it current through periodic reviews and comparative studies of pertinent factors affecting levels of pay. In 2001, the City hired a firm to review the City's pay plan to ensure internal equity(that is, to ensure that positions within the City were fairly compensated relative to one another). The study made it clear that it would not be financially feasible to modify the entire pay plan at that time to ensure both internal equity and external equity(that is, to ensure that positions were paid comparable to other similar-sized government entities and/or like private businesses), the external element of the pay plan was not reviewed at that time. In November, 2008, the Seward City Council voted to implement external equity by giving the City Manger sole authority to review and adjust pay to account for any external equity. Seward City Code, Section 2.10.080, designates the city council to be the board of adjustments for the city. In order to ensure fair and equitable pay for all City of Seward employees and as an effort to retain city employees, the City finds it in the best interest of the taxpayers and administration to require the city council to serve as a board of adjustments to approve the city manager's review and recommendation for external equities. By adding the requirement of council approval to adjust the pay for a specific position by up to 20% to account for external market factors, the City will ensure a fair and equitable system for external equity. INTENT The intent of this Ordinance is to provide a fair and equitable system for the city manager and council to adjust salaries to fill positions which have either proven difficult to fill, or to be more competitive to attract, recruit, and/or retain qualified applicants for key City positions. 31 r City Council Agenda Statement Ordinance 2018-008 Page 2 of 2 CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): X Strategic Plan (document source here) : X Other (list): X FISCAL NOTE: Approved by Finance Department: ATTORNEY REVIEW: Yes _X No Not Applicable RECOMMENDATION: 32 Sponsored by: Administration CITY OF SEWARD,ALASKA RESOLUTION 2018-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REQUESTING THAT THE COUNCIL ADOPT THE 2018 SEWARD HISTORIC PRESERVATION COMMISSION PRIORITIES LIST WHEREAS, according to Article 4 of the City of Seward Code, the Seward Historic Preservation Commission has been tasked with responsibilities; and WHEREAS, responsibilities include developing a local historic plan that will include provisions for identification, protection and interpretation of the area's significant resources; and WHEREAS, responsibilities include surveying and inventorying community historic architectural and archaeological resources within the community; and WHEREAS, responsibilities include reviewing and commenting to the state historic preservation officer on all proposed National Register nominations for properties within the community area; and WHEREAS, responsibilities include acting in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources; and WHEREAS,responsibilities include working toward the continuing education of citizens regarding local historic preservation and community history; and WHEREAS, responsibilities include supporting the enforcement of the Alaska Historic Preservation Act, AS 41.35; and WHEREAS, responsibilities include reviewing local projects and recommendations about the effect on properties identified in the local historic preservation inventory; and WHEREAS, a priority list enables the Commission to continue to provide assistance to the Council; and WHEREAS,the Commission approved the 2018 Priority List on February 21, 2018; and WHEREAS, the Council and the Historic Preservation Commission met to discuss and revise the Historic Preservation Commission Priority List at the March 27, 2018 joint work session. 33 CITY OF SEWARD,ALASKA RESOLUTION 2018-078 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward Historic Preservation Commission 2018 Priorities List is hereby recommended to the City Council for approval. Section 2. Seward Historic Preservation Commission 2018 Priorities List: Public Outreach • Coordination with Planning and Zoning- At least twice a year, the Historic Preservation Commission would like to meet with and coordinate activities and/or projects with the Planning and Zoning Commission (1) • Historic Preservation Web Presence - Further develop website content and presentation to reflect Seward's Historical Resources (2) • National Historic Preservation Month- Continue to participate and plan celebrations for the recognition of H.P. Month. The scope of the activities will vary from year to year(1) a. The month of May is Historic Preservation Month • Seward Annual Historic Preservation Award(1) a. The Historic Preservation award may be given in May b. Announce to the public the nominations the commission finds to be deserving of consideration to be a recipient of the award. Nominations should be received by mid-March c. Update City plaque reflecting awardees as appropriate in timely manner(1) • Local Historic Plants and Trees (2) a. Inventory of Local Historic Plants and Trees b. Request nominations from the Public • The First Friday Fireside Historical Lecture Series (2) a. Bi-yearly work session to brainstorm program ideas • Cemetery Information Project(2) a. Update Cemetery/Obituary Information on Seward Historic Preservation website and Past Perfect Database in collaboration with Resurrection Bay Historical Society Historic Structures, Sites, &Vessels (1) • Continue to update the Seward Inventory of Historic Sites • Continue to nominate Structures, Sites and Vessels to Seward Local Register • Monitor the Historical Jesse Lee Home Project • The Commission continues to support Historical Hoben Park's restoration and is willing to assist with planting the planters • Participate in city administration and community dialog concerning the preservation of the Fort Raymond - Historical Site and related artifacts 34 CITY OF SEWARD,ALASKA RESOLUTION 2018-078 • Actively coordinate with state and local stake holders in initiatives encouraging preservation and regeneration of Seward Structures, Sites, Vessels and artifacts of historical significance, including the creation of a resource template to utilize the standardized historic preservation guidelines, to enhance and promote beautification of the Seward area with special attention to the Historic Districts Historic Preservation Plan • Seward Historic Preservation Plan (1) a. Promote economic incentives, historical preservation and education b. To enhance understanding of economic heritage tourism as a means for not only historic preservation but also for creating economic opportunity that will encourage a continued dedication to preserving the Structures, Sites, Vessels and artifacts that define Seward's heritage c. Promote historic preservation initiatives and projects as enumerated in the 2017 Historic Preservation Plan Other Commission Tasks • *Establish and maintain a basic working inventory of cultural resources in the local area, compatible with the Alaska Heritage Resources Survey and annually provide new data to the Offices of History and Archaeology (1) • *Survey and inventory community historic architectural and archaeological resources within the community (1) • Set priorities for CLG grant applications (1) a. Schedule annual work session to discuss future grant applications (1)High Priority (2) Ongoing *Required by City Code Approved February 21, 2018 by SHPC Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 241h day of September, 2018. THE CITY OF SEWARD,ALASKA David Squires,Mayor 35 Council Agenda Statement Meeting Date: September 24, 2018 , To: City Council = Through: Valarie Kingsland, Library Museum Director From: Seward Historic Preservation Commission Agenda Item: A Resolution of the Seward City Council of the City of Seward, Alaska, Requesting Council Adopting the 2018 Seward Historic Preservation Commission Priorities. BACKGROUND & JUSTIFICATION: The Seward Historic Preservation Commission approved the 2018 Priority List at a meeting on February 21, 2018. Seward Historic Preservation Commission (SHPC)meets annually with the City Council in a Joint Work Session to review and update their Priorities. During a joint work session on March 27, 2018, the Commission and Council reviewed and updated the Seward Historic Preservation Commission Priorities. INTENT: Council to approve the 2018 SHPC priorities. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan 3.9.1.2 Encourage the recognition, 1. rehabilitation and preservation of,prehistoric and historic sites, x transportation routes, trails, buildings, and artifacts. 2 Strategic Plan: Growth Management and Land Use Planning pg. 9-11 x History and Sense of'Community pg. 13 3. Other (list): FISCAL NOTE: No cost is associated with this resolution. Approved by Finance Department: e ,' L ATTORNEY REVIEW: Yes No X RECOMMENDATION: Approve Resolution 2018-XXX, A Resolution of the Seward City Council of the City of Seward, Alaska, Requesting Council Adopting the 2018 Seward Historic Preservation Commission Priorities. Resolution 2018-078 36 Sponsored by: Administration CITY OF SEWARD, ALASKA RESOLUTION 2018-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING SIGNATURES FOR ALL CITY BANK ACCOUNTS AND RESCINDING ALL PREVIOUS RESOLUTIONS IN CONFLICT HEREWITH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,that: Section 1. Any two of the following signatures shall appear on all checks, drafts, notes or orders drawn against the City of Seward bank accounts maintained at the Seward Branch of Wells Fargo or the Seward Branch of the First National Bank of Anchorage: Jeff Bridges, Interim City Manager Kristin Erchinger, Finance Director Sam Hickok, Assistant Finance Director Brenda Ballou, City Clerk Section 2. Any one of the above persons shall have access to and full power to remove the contents of and to exchange or surrender the safe deposit boxes rented by the City of Seward located at the Seward Branch of Wells Fargo under the terms of the City of Seward's banking services agreement with Wells Fargo. Section 3. Any one of the above persons shall have authority to invest City monies with financial institutions as prescribed by the Seward City Code Chapter 5.15, Investment and Collateralization of Public Funds. Section 4. All previously approved resolutions in conflict herewith are hereby rescinded. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24t' day of September, 2018. THE CITY OF SEWARD,ALASKA David Squires,Mayor 37 Council Agenda Statement Meeting Date: September 24, 2018 Through: Jeff Bridges, Interim City Manager From: Kristin Erchinger, Finance Direc 15 Agenda Item: Authorization for Banking Signatures BACKGROUND & JUSTIFICATION: The Seward City Council is required to pass a resolution listing the individuals authorized to invest monies and/or sign banking documents on behalf of the City of Seward. The recent hiring of a new Interim City Manager provides the need to update this authorization. This action forms the basis upon which signature cards will be updated at the local banking institutions, and checks and City payments and investments will be authorized on behalf of the City. While each individual listed on the resolution is authorized to act on behalf of the City,the City's practice is to have two separate individuals authorize every investment,approve all City payments, and authorize all electronic banking transactions. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here); X 3 Other (list): Seward City Code 5.15 Investment & Collateralization of X Public Funds ATTORNEY REVIEW Yes X No FISCAL NOTE This action has no fiscal impact on the City. Approved by Finance: - RECOMMENDATION Seward City Council approve Resolution 2018_079,updating the authorized signatories to the City of Seward's bank accounts and rescinding previous resolutions in conflict herewith. 38 Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA RESOLUTION 2018-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THAT THE ALICE PICKETT MEMORIAL ANIMAL SHELTER BE RELOCATED TO LOT 6A-2 FORT RAYMOND SUBDIVISION REPLAT NUMBER THREE,LOCATED AT 605 SEA LION AVENUE, WITHIN THE INSTITUTIONAL (INS) ZONING DISTRICT WHEREAS, City Council passed Resolution 2018-049 on May 29, 2018, directing City administration to bring forward recommendations for a site on which to relocate the animal shelter; and WHEREAS,upon adoption of City Council Resolution 2018-049 City administration was tasked to identify potential sites for relocation of the animal shelter; and WHEREAS, Lot 6A-2 Fort Raymond Subdivision Replat Number Three consisting of approximately 10.7 acres,is located at 605 Sea Lion Drive,in the Institutional Zoning District; and WHEREAS,Lot 6A-2 is owned by the City of Seward and currently supports a number of public uses including a baseball field, the electric utility warehouse and substation, and two municipal water wells; and WHEREAS,Lot 6A-2 is served by electric, water, and sewer utilities; and WHEREAS, Animal Shelters are currently an allowed use in the Industrial and Resource Management Zoning Districts per Table 15.10.226 Land Uses Allowed; and WHEREAS,the Alice Pickett Memorial Animal Shelter is a public facility operated for the well-being of the animal companions of the citizens of Seward and is operated by the City of Seward; and WHEREAS, the Institutional Zoning District is designed to allow public and private educational, administrative, government and health care uses, including public land reserve for future public development. The development standards are intended to set a high standard to assure that the activities provide visual amenity to the surrounding area. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA THAT: Section 1. The Seward City Council hereby supports the Alice Pickett Memorial Animal Shelter be relocated to Lot 6A-2 Fort Raymond Subdivision Replat Number Three, located at 605 39 CITY OF SEWARD,ALASKA RESOLUTION 2018-080 Sea Lion Drive, within the Institutional (INS) zoning district and amending Table 15.10.226 Land Uses Allowed to permit Animal Shelter in the Institutional Zoning District as an outright use. Section 2. The Seward City Council hereby approves the staff moving forward with design and construction of a Seward Animal Shelter on Lot 6A-2 Fort Raymond Subdivision Replat Number Three, located at 605 Sea Lion Drive. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 2e day of September, 2018. THE CITY OF SEWARD,ALASKA David Squires,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 40 Council Agenda Statement Meeting Date: September 24, 2018 To: City Council Through: Jeff Bridges, Interim City Manages _ From: Jackie C. Wilde, Planner Agenda Item: Resolution Of The City Council Of The City Of Seward, Alaska, Recommending That The Alice Pickett Memorial Animal Shelter Be Relocated To Lot 6A-2 Fort Raymond Subdivision Replat Number Three, Located At 605 Sea Lion Avenue, Within The Institutional (INS) Zoning District BACKGROUND & JUSTIFICATION: The Seward City Council has recognized for many years, the need to relocate the Seward Animal Shelter away from the adjacent residential neighborhood and off of prime City property, as identified for many years in the City's Capital Improvement Plans and Local and State Legislative Priorities Lists (attached). Recently, various groups have demonstrated grassroots advocacy and planning efforts, and have developed donations to support construction of a new shelter, through fundraising efforts. The Community Development Department has been working to identify potential sites which could free up the existing site of the animal shelter for resale as a high-value property for residential development, helping to offset the cost of the relocation effort. Based on analysis of lot size, location, and proximity to utilities, the Community Development department has selected Lot 6A-2 Fort Raymond Subdivision Replat Number Three, Located at 605 Sea Lion Avenue as the most desirable location for a new animal shelter. On September 4, 2018 the Seward Planning and Zoning Commission approved Resolution 2018-015 recommending that the Alice Pickett Memorial Animal Shelter be relocated to lot 6A-2 Fort Raymond subdivision replat number three, located at 605 sea lion avenue,within the Institutional (INS) zoning district SUBDIVISION REVIEW: Zoning. Lot 6A-2 is located within the Institutional (INS) Zoning District. The Institutional Zoning District is designed to allow public and private educational, administrative, government and health care uses, including public land reserve for future public development. The development standards are intended to set a high standard to assure that the activities provide visual amenity to the surrounding area 41 Animal shelters are currently not an allowed use in Institutional (INS) Zoning District, per Table 15.10.226 Land Uses Allowed. The animal shelter is a public facility operated by the City of Seward for the health and welfare of citizens and our animal companions. Staff recommends that the Planning and Zoning Commission approve a forthcoming land use table amendment allowing the operation of an animal shelter as an outright use within the Institutional (INS) Zoning District. Utilities: The property is currently served by water, sewer, and electric utilities. There is a 25 foot utility easement along the north property line that intersects existing electrical, water, and sewer utilities and runs directly adjacent to the proposed building site for the new animal shelter. The Public Works and Electric Departments will make determinations on the best and most cost- effective way to extend services to the proposed building. Size: Lot 6A-2 consists of approximately 10.7 acres. Existing Use Lot 6A-2 is owned by the City of Seward. A number of public uses exist on this property, including a baseball field, two municipal water wells, and the electric utility warehouse, substation, and backup generators. Flood Zone: According to the FEMA Flood Insurance Rate Map, Lot 6A-2 is located entirely in flood zone X, outside the special flood hazard area. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2030, approved by Council May 30, 2017) 1. 3.7.1.5 (Bullet 3) Relocate the animal shelter facility to a more X appropriate area(Page 18) 2 Strategic Plan (Approved by Council Resolution 99-043): X Municipal Lands Management Plan 3. • Seward Animal Shelter: Retain until the animal shelter is X relocated Page 8 FISCAL NOTE: There are no costs associated with this resolution. Approved by Finance Department J44 ATTORNEY REVIEW: Yes No Not Applicable X RECOMMENDATION: City Council approves Resolution 2018-080 Recommending That the Alice Pickett Memorial Animal Shelter Be Relocated to Lot 6A-2 Fort Raymond Subdivision Replat Number Three, Located At 605 Sea Lion Avenue,Within The Institutional (INS)Zoning District. 42 Draft Minutes from September 4, 2018 Planning and Zoning (Items below are referring to the relocation of the Seward Animal Shelter. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Mark Luttrell,outside city, along with Jane Belovarac, and Christiana Smith, came to the podium to speak on behalf of SOS Pets in support of Resolution 2018-015. Lutrell stated that they were pleased with the proposed location of the animal shelter. Luttrell stated that he has spoken with three school teachers who are enthusiastic about the potential of bringing school programs to the shelter. Belovarac stated that an added bonus to locating the shelter close to the high school is that in the event of an emergency, evacuees sheltering at the high school may be able to utilize the animal shelter and be within walking distance of their pets. UNFINISHED BUSINESS—None NEW BUSINESS Resolution 2018-015 of The Planning And Zoning Commission Of Seward Alaska Recommending That The Alice Pickett Memorial Animal Shelter Be Relocated To Lot 6A-2 Fort Raymond Subdivision Replat Number Three, Located At 605 Sea Lion Avenue,Within The Institutional(INS) Zoning District Wilde stated that in selecting the proposed site for the relocation of the animal shelter,planning staff has taken into consideration the public input received at the August 7, 2018 P&Z meeting, and looked for City land that was away from neighborhoods. Wilde and Bacon conducted a site visit to Lot 6A-2 to take measurements, and then researched current uses and easements on the property. It was determined that a 4000 square foot area of flat ground,unencumbered by easements, existed on a portion of the Lot off Sea Lion Avenue. A map has been included in the packet and is on display on the wall showing the possible site of the new shelter. Wilde discussed potential access points for the building that will be determined as the site planning process moves forward. Wilde told everyone that currently animal shelters are not allowed in the Institutional Zoning District, and if the Commission passes this resolution then Planning staff will bring forward an ordinance change to modify the land uses allowed table. Wilde stated that the Community Development department has received multiple phone calls in support of this location for the new animal shelter. Motion (Fleming/Swann) Approve Resolution 2018-015 of the Planning And Zoning Commission Of Seward Alaska Recommending That The Alice Pickett Memorial Animal Shelter Be Relocated To Lot 6A-2 Fort Raymond Subdivision Replat Number Three, Located At 605 Sea Lion Avenue, Within The Institutional(INS) Zoning District Fleming stated that she supports this location and supports the potential for cross curricular projects with the local schools. Swann spoke in support of this location for the new shelter, and stated that staff had done a good job with the site selection. Seese stated that the animal shelter will be compatible with other uses near this location. Motion Passed AYES: Hatfield, Swann, Fleming, Ambrosiani, Seese, Charbonneau,Ecklund NOES: none 43 k�7 tl b8 4e SEA LION ---------------------- - ------------------------------- �iia" 50 feet ` o 06 t„ 4.000 square feet z: A,a kar / 1 , {{ A } k it R T^�' \ d / °w Lot 6A-2 Fort Raymond Sub 08/16/2018 �rc)Qsed Animal Shelter N Drawn By: AB ue dl erent data sources property Imes and aerial :' 0 45 90 180 Feet imagery do not overlay correctly. Map is to be used for # orientation and reference purposes only. Mapping Assistance by Alaska Map Company, LLC 44 CITY OF SEWARD, ALASKA ORDINANCE NO. 99-03 The city manager shall present to the council a budget proposal for the next fiscal year of the city at least 45 days prior to the next fiscal year. Such budget proposal shall set forth the city manager's recommended tax rate based on an analysis of the anticipated income and expenditures of the city during the next fiscal year. The proposed expenditures set forth in the budget proposal shall not exceed the expected revenues of the city. Unencumbered funds remaining at the end of the current fiscal year maybe reallocated for purposes set forth in the budget proposal. The council shall by June 15 of each year present to the borough assembly a statement of the city's rate of levy,unless a different date is agreed upon by the borough and city. Section 3. This ordinance shall take effect ten days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,this 8 day of February, 1999. THE CITY OF SEWARD,ALASKA �4w"( Lowell R. Satin, Mayor AYES: Blatchford, Callahan, Gage, King, Orr, Satin, Shafer NOES: None ABSENT: None ABSTAIN: None ATTEST: 11"atrick Reilly City Clerk ���t�taaattyar �Ck f.iff ff• �'.+tS�►^►.`;her! 45 Sponsored by: Janke CITY OF SEWARD, ALASKA RESOLUTION NO. 99-043 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING THE CITY OF SEWARD STRATEGIC PLAN WHEREAS, the City of Seward Strategic Plan was prepared by the City Council, Planning and Zoning Commission, and the administration in October, 1998 from public input provided at the two town meetings held on September 29, and October 1, 1998; and WHEREAS, the purpose of the Strategic Plan is to identify the community's vision of Seward in the year 2020 and provide the City of Seward with direction for accomplishing that vision, and WHEREAS, the Plan includes specific goals and objectives that will guide the City government in its decision-making over the next five years to help reach the community's vision of Seward for the year 2020; and WHEREAS, in order to ensure that the Strategic Plan accurately reflected the community's vision, and that the goals and objectives were consistent with the vision, a public comment period was held from December 21, 1998 to January 29, 1999; and WHEREAS, the Planning and Zoning Commission reviewed the public comments, amended the plan, and approved Resolution No. 99-03 recommending City Council approval of the Strategic Plan; and WHEREAS, the City Council and Planning and Zoning Commission held joint work sessions on March 8 and 22, 1999 to review the document. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: S t_ c ion 1. The City of Seward Strategic Plan, attached and incorporated herewith by reference, is hereby adopted. action 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 12th day of April, 1999. 46 CITY OF SEWARD, ALASKA RESOLUTION NO, 29-043 THE CITY OF SEWARD, ALASKA Lowell R. Satin., Mayor AYES: Blatchford, Gage, Orr, Shafer, Satin NOES: None ABSENT: Callahan, King ABSTAIN: None ATTEST: Patrick Reilly City Cleulwissssii�r ��•�' 01r- Sek,'�.,y ... 4 • : SEAL ! � .»i w 1 ;err stOrteri* �`s 47 GOALS, OBJECTIVES AND IMPLEMENTATION ACTION ITEMS 1 - 18 • Support the design, funding and construction of a 3.7.1.6 Maintain and actively enforce a new indoor recreation facility. hazardous material disposal program that coordinates with Borough, State, and Federal regulatory agencies. 3.7.1.3 Continue to improve the quality and efficiency of city governmental 3.7.1.7 Encourage the development of cost- services. efficient options for renewable energy • Continue to revise and update the Seward City Code. production in Seward. • Adopt a community impact review process for pro- posed retail developments over 15,000 square feet. 3.7.1.8 Support and develop opportunities for individual and community health improvement. 3.7.1.4 Continue to upgrade and expand utilities to meet existing needs and. 3.8 NATURAL HAZARDS encourage future development. Evaluate and implement to equitably extend • utilities to areas that are pio ities for residential de- velopment (see Housing). • Continue to conduct rate studies on utilities as needed. • Support efficient, economic alternative sources of energy and feeding into the power grid. • Expand customer base within the Seward Electric Utility area as a means to reduce energy costs and improve services. 3.7.1.5 Plan to relocate and rebuild selected city facilities to improve compatibility . `' with land uses and increase cost- effectiveness of services. • Relocate the city shop to a more appropriate area. 3.8.1 Promote community safety from natural disasters through mitigation • Support the design and construction of a recreation measures and preparedness training. facility. • Relocate the animal shelter facility to amore appro- 3.8.1.1 Develop an open spaces overlay priate area. district. • Study the feasibility of a new city hall facility that consolidates city offices,separating out the state court- 3.8.1.2 protect citizens from natural hazards house and other state,borough and federal offices. by using appropriate land use policies • Support expansion and modernization of health care and regulations. facilities. 3.8.1.3 Create sound public uses of potentially hazardous lands. • Continue to identify areas subject to natural haz- ards with appropriate state and federal agencies and understand the nature of these hazards particularly earthquakes and tsunamis,flooding,avalanches and landslides, and saturated soils. PM 47 City of Seward,Alaska City Council Minutes August 13, 2018 Volume 39,Page CALL TO ORDER The August 13,2018 regular meeting of the Seward City Council was called to order at 7:00 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 Marianna Keil Ristine Casagranda Sue McClure Suzanne Towsley Jeremy Horn Sharyl Seese comprising a quorum of the Council; and Eddie Athey, Acting City Manager Brenda Ballou, City Clerk Will Earnhart, City Attorney Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDonald had just finished his business season. He was concerned with the Shiplift contract; he thought it was a sweetheart deal, and that the city should have a new contract. Cliff Krug wanted to share some upcoming events:the Seward Music&Arts Festival would be October 5-7, 2018, and there would be a train coming from Anchorage for that event and round- trip tickets would only cost $125; there would be a state-wide Harbormasters Conference from October 8-12,2018; Seward Second Saturdays,Pioneers of Alaska Conference on October 26&27, 2018; and the Halloween Carnival at the end of the month. Carol Griswold thanked Lynda Paquette for organizing the first-ever Seward Civic Engagement local government training event last week. Griswold wished the questions to administration portion of the meeting would continue. Dianne Debuc wanted to address council about issues to move forward not backward.Debuc praised former city manager Jim hunt for his accomplishments, and thought important projects may be at risk during the transition to a new city manager. 49 City of Seward,Alaska City Council Minutes August 13, 2018 Volume 39,Page Lynda Paquette wanted to provide a little bit of background on last week's training, called Seward Civic Engagement;she hoped to have this would be a continual event whereby citizens could learn about how the city government worked. She was concerned that there appeared to be arbitrary adherence to the city code. Paquette experienced an organic, grassroots evolution of a group of citizens who wished to learn more and educate themselves. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda McClure removed"Discuss matters pertaining to allegations of City Manager and misconduct"from Unfinished Business, with objection from council. Keil requested to reorder the agenda so that council would take up Resolution 2018-067 before Resolution 2018-066. Casagranda added Resolutions 2018-067 and 2018-066 to the consent agenda. Motion to Amend(McClure/Keil) Amend the agenda by removing "Discuss matters pertaining to allegations of City Manager and misconduct"from Unfinished Business. Motion to Amend Passed Unanimous Towsley removed Resolution 2081-070 from the consent agenda. McClure added an item to Other New Business to accept the invitation from Obihiro,Japan to visit in October, 2018 for the 50t'Anniversary of the Sister City. Casagranda removed the approval of the minutes from the consent agenda. Main Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2018-067, Approving The 2019 Federal 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. Resolution 2018-066, Authorizing Submission Of A Service Area Competition Grant Application On Behalf Of The City Of Seward And The Seward Community Health Center As Co-Applicants,For The Purpose Of Continuing Operations As A Federally Qualified Health Center. Resolution 2018-068, Accepting A Grant In The Amount Of $1,500.00 From The Seward Prevention Coalition For The "Every 15 Minutes" Program And Appropriating Funds. 50 City of Seward,Alaska City Council Minutes August 13, 2018 Volume 39,Page Resolution 2018-069, Accepting A Grant In The Amount Of $3,630.00 From The Alaska Highway Safety Office For The FFY2018 High Visibility Enforcement— DUI Event During The Period Of August 15— September 4, 2018 And Appropriating Funds. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations & Awards Recognizing Darryl Schaefermeyer for his service on the Port and Commerce Advisory Board. Borough Assembly Report. Kenn Carpenter said the assembly had a quick meeting last week. There would be a proposed $.05 per cigarette tobacco tax coming up on September 4, 2018; this would not include any cannabis. Carpenter encouraged everyone to get out and vote in the State Primary Election on August 21, 2018. In response to Squires, Carpenter said the borough attorneys were currently looking at the possibility of taxing marijuana. The impact of having the proposed tobacco tax could be up to $4.3 million per year in revenue for Kenai Peninsula Borough;the tax would include all tobacco products like papers,pouches, cigars, vapors, etc. In response to McClure,Carpenter said the borough's website listed several area board seats open this year for the municipal election. City Manager Report.Assistant City Manager Brennan Hickok reported the following purchase orders between $10,000 and $50,000 have been approved by the City Manager since the last council meeting: None. Hickok reported out on several meetings and community boards,projects. Hickok said he reached out to the Division of Community and Regional Affairs(DCRA)to follow up on council's request for an audit on administration,personnel,and council was beyond the scope of their capabilities.Alternatively,the DCRA offered to provide training for council and staff on Title 29, Municipal Government. McClure appreciated the overhead wires come down from the poles around the lagoon; she wondered if the bird deflectors would be reused on other wires. Electric Utility Manager John Foutz said the bird diverters would be installed at Third Avenue and Dairy Hill;bird deflectors may be installed on the east/west wires along the lagoon. Keil thanked the Parks & Recreation Department for the flowers, and for including the children's photos in the packet.Keil congratulated the Finance Department for receiving the budget award. In response to Casagranda,Hickok said the former city manager was not charging for his time assisting with Hickok's transition. 51 City of Seward,Alaska City Council Minutes August 13, 2018 Volume 39,Page In response to Squires,Hickok said they were currently awaiting lead paint test results for the inside of the Lowell Canyon water tank; results were due in today but had not been received. In response to Seese,Hickok confirmed that any issue with the water tank would come back to council. City Attorney Report.Will Earnhart was looking forward to a smoother future. Earnhart requested direction from council on whether the city attorney's firm should draft a council code of conduct, and perhaps council would consider forming an ad hoc committee of citizens and council members. Earnhart said the situation with the executive session at the last special meeting was not the correct way to handle things,but it was very important;the risk of not having that executive session was greater than the infraction of city code required to allow it. The situation was not ideal, but Earnhart felt it was necessary. In response to Casagranda, Earnhart said the city attorney was the entire firm. Earnhart said Katie Davies would be representing the firm more often at council meetings going forward. Casagranda stated that Council Member Towsley had previously requested to have an executive session to discuss threatened or pending litigation, and issues that directed impacted the finances of the city. However, the city attorneys had altered the titles of the executive sessions to discuss matters pertaining to allegations of the city manager misconduct, and a separate title which also named the city manager. Casagranda asked why the same executive sessions were being called under various titles, and why was it acceptable to add an executive session at the last minute to discuss something that council had requested to discuss a month earlier. In response to Casagranda, Earnhart said it was a challenge to provide information as possible without violating the confidentiality of the executive session. In response to Towsley, Earnhart said he was here tonight, rather than Davies,because the grievance procedure was on tonight's agenda, and also because he had a meeting today with the IBEW union. Keil stated she did not believe that 24-hour notice was sufficient for noticing a special meeting. Casagranda stated she felt there were other, more important priorities facing council at this time than rewriting council rules of procedure; she did not think that creating a committee was a priority right now. Keil wished to have a discussion about council code of conduct at the next meeting. Other Reports, Announcements and Presentations —None 52 City of Seward,Alaska City Council Minutes August 13, 2018 Volume 39,Page PUBLIC HEARINGS Ordinances for Public Hearing & Enactment Ordinance 2018-003, To Revise Seward City Code 3.40, Grievance Procedure. This ordinance was introduced on June 25, 2018, had a first public hearing on July 9, 2018, and a second public hearing on July 23, 2018. It is coming tonight for a third public hearing and enactment. There are no pending amendments on the floor. Hickok said administration had no amendments to suggest at this time. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Patrick Messmer, Seward Public Employee Association president,said the city attorney had some concerns about whether Messmer should comment about this ordinance because it wouldn't affect union members,but Messmer thought it did affect them until there was a contract in place with the union.In Section 3.40.020 Definition of a grievance,Messmer was concerned that if an employee disagreed with the appointing authority's decision, their grievance may never be heard; only a termination,demotion,or suspension for more than one week would rise above,and other wage and hour issues might never be heard. No one else appeared to address the Council and the public hearing was closed. Motion to Amend (Casagranda/Seese) Amend Ordinance 2018-003 in Section 3.40.020 by striking the entire 3"d paragraph. In response to McClure,Earnhart said this was new language;there was not language in the code previously that allowed the appointing authority to have a final decision on whether an issue was a complaint or a grievance. Squires thought leaving the language in place may serve as a safety measure for the employee,to allow them to document their disagreement for placement in their personnel file;they could refer to their documentation if they continued to have issues in the future. Casagranda expressed concern because there was no provision in this ordinance to outline an employee's recourse, should they continue to have future reoccurring problems. Horn said all the work that council had done to prepare for this ordinance came down to deciding the difference between a grievance and a complaint, and specifically, this paragraph determined that the appointing authority was the decision maker. Horn thought it was important for council to understand decide right now who and how the most appropriate decision maker or process would be. Council recessed at 8:10 p.m. Council resumed at 8:20 p.m. 53 City of Seward,Alaska City Council Minutes August 13, 2018 Volume 39,Page Seese thought that the decision of a complaint versus a grievance should come earlier in the process, and should not be included in the section which defined a grievance; she recommended moving that decision to a new section. Motion to Amend Passed Yes: Seese, Towsley, Casagranda, Horn No: Keil,McClure, Squires Squires thought it was important that employees had some ability to record a complaint,for their own future protection; protecting employees was paramount to his concerns. Motion to Amend (Towsley/Casagranda) Amend Ordinance 2018-003 by adding a new paragraph to the end of Section 3.40.030 (A), Step 4 that reads, "When there is a disagreement about whether a matter is defined as a complaint or as a grievance, the matter will automatically be handled as a grievance. The appointing authority will not have the discretion to determine what is and what is not a grievance or a complaint. This will be settled by the panel ruling in Step 4." Motion to Amend withdrawn with no objection from council. Primary Motion to Amend (Seese/McClure) Amend Ordinance 2018-003 by adding the following words as the second sentence in 3.40.015: "Where an employee disagrees with the supervisor's decision regarding a complaint,the employee may document the disagreement for placement in their personnel file. If the problem is not settled and the problem is defined as a grievance, the employee has the right to present the grievance in accordance with the procedure outlined in Section 3.40.030." Secondary Motion to Amend (McClure/Towsley)Amend Ordinance 2018-003 by striking "and" and change"is"to "may be" so that it reads, "Where an employee disagrees with the supervisor's decision regarding a complaint,the employee may document the disagreement for placement in their personnel file.If the problem is not settled, the problem may be defined as a grievance, and the employee has the right to present 54 City of Seward,Alaska City Council Minutes August 13, 2018 Volume 39,Page the grievance in accordance with the procedure outlined in Section 3.40.030." Secondary Motion to Amend Passed Unanimous Primary Motion to Amend Passed Unanimous Primary Motion to Amend(Towsley/Casagranda)Amend Ordinance 2018-003 by adding a new paragraph to the end of Section 3.40.030 (A), Step 4 that reads, "When there is a disagreement about whether a matter is defined as a complaint or as a grievance, the matter will automatically be handled as a grievance. The appointing authority will not have the discretion to determine what is and what is not a grievance or a complaint. This will be settled by the panel ruling in Step 4." Hickok wished to define what the proposed authority of the panel would be. McClure wondered if there was a definition of the panel. Earnhart said the panel language had been removed and replaced with a hearing officer. Secondary Motion to Amend(Towsley/Casagranda)Amend Ordinance 2018-003 by striking "panel" and replacing it with "hearing officer." Both Motions to Amend withdrawn with no objection from council. Main Motion Passed Unanimous UNFINISHED BUSINESS Business.Diseuss matters pertaining to allegations of City Manager and miseonduet"from Unfinish This item was removed from the agenda. NEW BUSINESS Resolution 2018-070,Authorizing Signatures For All City Bank Accounts And Rescinding All Previous Resolutions In Conflict Herewith. Motion (Kell/Casagranda) Approve Resolution 2018-070 55 City of Seward,Alaska City Council Minutes August 13, 2018 Volume 39,Page Hickok said administration provided a substitute laydown version of the resolution for consideration, which would remove the city clerk and replace with deputy finance director. Motion to Amend (McClure/Keil) Amend Resolution 2018-070 by striking the city clerk and replacing it with the deputy finance director. Motion to Amend Passed Yes: Keil, Seese,McClure, Squires No: Horn, Towsley, Casagranda Motion to Amend (Squires/McClure) Amend Resolution 2018-070 by adding a new Section 4 that reads, "For the purposes of this authorization, no two related parties may have signing authority to the same financial transaction." Motion to Amend Passed Unanimous Motion to Amend (Seese/McClure) Amend Resolution 2018-070 by adding the city clerk as a 5tb signer. Motion to Amend Passed Yes: Horn, Keil, Casagranda,McClure, Towsley, Seese No: Squires Main Motion Failed Yes: McClure, Keil, Squires No: Seese, Towsley,Horn, Casagranda Council recessed at 9:37 p.m. Council resumed at 9:42 p.m. Motion to Reconsider (Seese/McClure) Reconsider Resolution 2018-070 Motion to Reconsider Passed Yes: Seese, Horn,McClure, Casagranda, Keil, Squires No: Towsley Resolution 2018-070 was back on the floor, with all amendments in place, as it was just prior to the final vote for approval. Motion to Amend (Keil/Horn) Amend Resolution 2018-070 by striking Brennan Hickok, Assistant City Manager, as a signer. Motion to Amend Passed Yes: Towsley,McClure,Keil,Casagranda, Horn, Seese No: Squires 56 City of Seward,Alaska City Council Minutes August 13, 2018 Volume 39,Page Main Motion Passed Unanimous Other New Business Approval of July 18 & 26, 2018 Special Meeting Minutes and the July 23, 2018 Regular Meeting Minutes. Motion to Amend (Casagranda/Towsley) Amend the July 26,2018 minutes under Council and Administration Response to Citizen Comments by including Squires' response to Casagranda's comments, "...She agreed that she would not like to have the assistant city manager position filled at this time in order to allow a new city manager to hire. In response, Squires said that could be discussed at the next council meeting. Casagranda replied that she was concerned that the position might be filled by the next council meeting; Squires said he didn't see that there was a way for that to happen...". Motion to Amend Passed Yes:Casagranda,Horn,McClure,Towsley, Seese, Squires No: Keil Motion to Approve Minutes Unanimous Appoint an Application Review Committee comprised of council members to review the Interim City Manager applications. Council appointed Council Members Casagranda, McClure, and Horn to serve as the Application Review Committee. Review the questions for the Interim City Manager interview. Council directed the Application Review Committee to review and revise the interview questions. Discuss city clerk goals. The city clerk's goals were reviewed, amended and approved. Schedule an executive session to evaluate the city attorney. (Casagranda) Council scheduled an executive session to evaluate the city attorney on September 10, 2018. City Attorney Will Earnhart requested that the evaluation be held in public. 57 City of Seward,Alaska City Council Minutes August 13, 2018 Volume 39,Page Discuss the appointment of the Acting City Manager. (Casagranda) Acting City Manager Eddie Athey said that Hickok had been promoted into the assistant city manager position, and Athey had been appointed acting city manager,by former City Manager Jim Hunt for the good of the city. Discuss the value of having a standing work session on the Friday before the regular Monday night Council meeting. (Squires) Council scheduled regular, standing work sessions to begin on Friday, August 24, 2018. Accept the invitation from the City of Obihiro,Hokkaido,Japan to send a delegation of up to ten adults to visit Obihiro at the end of October,2018. Council directed the city clerk to draft a letter accepting Obihiro's invitation. INFORMATIONAL ITEMS AND REPORTS Clerk's Report on Public Records Requests for July, 2018. On-Going City Projects and Goals. COUNCIL COMMENTS Squires thanked Darryl Schaefermeyer for his service to the community. The Phoenix Chapter of the Fire Fight Fighters Association would be holding its annual dinner cruise to Fox Island fundraiser on August 18,2018;please help support this worthwhile event. Squires received a request from the Alaskan Ocean Cluster Initiative for council to provide a letter of support in order to assist the group with obtaining grant funding; council concurred. Packets for candidates were available for pick up from the clerk's office beginning August 15, 2018. CITIZEN COMMENTS Patrick Messmer said there was an accusation raised earlier tonight suggesting that the unions had been conspiring to get rid of city attorney, and Messmer wanted to state that this was not the case. Tim McDonald was upset about the shipyard contract;he thought the contract was flawed. He also thought the city should annex to Mile 8. Brannon Nichols was the IBEW business representative. He said it was important to allow employees to have a proper grievance process. Lynda Paquette thanked council for setting work sessions on Fridays at noon. Citizens would review the agenda packets on Thursday evenings and will be prepared with questions for council. 58 City of Seward,Alaska City Council Minutes August 13, 2018 Volume 39,Page Carol Griswold said citizens had never been more engaged, but perhaps for the wrong reasons. She looked forward to the return of stable, boring, functional city council meetings. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS —None EXECUTIVE SESSION Go into Executive Session to discuss the city clerk contract. Council postponed this executive session until September 10, 2018. Go into Executive Session to discuss the Interim City Manager applications. Council decided not to conduct this executive session because earlier tonight they appointed an Application Review Committee comprised of council members to review the Interim City Manager applications. ADJOURNMENT The meeting was adjourned at 10:30 p.m. Brenda Ballou, MMC David Squires City Clerk Mayor (City Seal) 59 City of Seward,Alaska City Council Special Meeting Minutes August 16, 2018 Volume 40, Page CALL TO ORDER The August 16,2018 Special Meeting of the Seward City Council was called to order at 8:10 p.m. by Mayor David Squires. OPENING CEREMONY Assistant City Manager Brennan Hickok led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Ristine Casagranda Sue McClure Suzanne Towsley Jeremy Horn Sharyl Seese comprising a quorum of the Council; and Eddie Athey, Acting City Manager Brenda Ballou, City Clerk Absent—Keil CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tom Tougas recalled that Marvin Yoder had been in Seward before as interim city manager, and that employee morale was very high while he was here. Tougas also thought that Edgar Blatchford offered tremendous history as a candidate. Carol Griswold thought this process had been very interesting,and that there were excellent candidates being considered. Lynda Paquette agreed with Griswold, and thought some of the candidates might serve better as permanent hires rather than interim. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Casagranda/Towsley) Approval of Agenda and Consent Agenda Motion Failed Unanimous Council scheduled a special meeting on August 22,2018 at 6:00 p.m.to go into executive session to review, evaluate, and discuss candidates for the interim city manager. 60 City of Seward,Alaska City Council Special Meeting Minutes August 16, 2018 Volume 40, Page COUNCIL COMMENTS Casagranda thanked the applicants who applied and the citizens for their attendance. Squires appreciated the interview process, and wanted council to be ready to discuss the candidates in full. McClure had been part of the screening process and was very encouraged by this process. CITIZEN COMMENTS Kyle Walker understood the rationale for holding an executive session,but urged council to share their thought process. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Squires said negotiation information would also be included in the executive session. ADJOURNMENT The meeting was adjourned at 8:27 p.m. Brenda J. Ballou, MMC David Squires City Clerk Mayor (City Seal) 61 City of Seward,Alaska City Council Special Meeting Minutes August 20, 2018 Volume 40, Page CALL TO ORDER The August 20, 2018 Special Meeting of the Seward City Council was called to order at 12:00 p.m. by Council Member Ristine Casagranda. OPENING CEREMONY Public Works Director Doug Schoessler led the Pledge of Allegiance to the flag. ROLL CALL There were present: Ristine Casagranda presiding and Sue McClure Suzanne Towsley Sharyl Seese comprising a quorum of the Council; and Brennan Hickok, Assistant City Manager Brenda Ballou, City Clerk Absent—Keil, Horn, Squires CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None Council recessed at 12:04 p.m. Council resumed at 12:08 p.m. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Seese) Approval of Agenda and Consent Agenda Motion Passed Unanimous NEW BUSINESS Resolutions Resolution 2018-071,Authorizing The City Manager To Approve Contract Change Order#1 With Jaffa Construction For Lead Paint Abatement And Severe Mill Scale Removal On The Lowell Canyon Water Storage Tank Project In An Amount Not To Exceed $206,731.00 And Appropriating Funds. Motion To Approve (McClure/Seese) Approve Resolution 2018-071 62 City of Seward,Alaska City Council Special Meeting Minutes August 20, 2018 Volume 40, Page Public Works Director Doug Schoessler said this resolution was unforeseen, but very necessary. When the paint layers were removed from the outside of the water tank, the mill scale underneath was excessive. As well, the lead results indicated 1200 ppm, which was enough to require abatement. The inside of the water tank was also tested,but yielded no lead paint.By moving forward with this tank renovation,the city was saving approximately 50%of the cost of replacing the water tank, and the life of the existing tank would be extended by 30-40 years. In response to Casagranda, Schoessler said he would inform council where the hazardous waste was being disposed,whether in Soldotna or Anchorage.Hickok added that additional retention for this contract and project would be requested in order to preserve proper documentation. Motion Passed Unanimous COUNCIL COMMENTS McClure thanked everyone for coming to the meeting; she thought this was a good learning experience. She appreciated the information provided by Schoessler. Seese echoed McClure's comments. Casagranda concurred. She also thanked the City of Obihiro for the gift of sake and obsidian, and was appreciative that she had the opportunity to be presiding officer for this meeting. CITIZEN COMMENTS Lynda Paquette wanted to provide feedback to council about the upcoming interim city manager candidates; her hope was that whomever council chose would be able to mend the city. Paquette wondered if there was an answer to the question on whether a potential conflict existed for an interim city manager to subsequently be hired as a permanent city manager. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS City Clerk Brenda Ballou said the city attorney had provided feedback on the conflict question and said there was no conflict, so long as the interim stated their intent to potentially be hired in the position permanently. ADJOURNMENT The meeting was adjourned at 12:27 p.m. Brenda J. Ballou, MMC David Squires City Clerk Mayor (City Seal) 63 City of Seward,Alaska City Council Special Meeting Minutes August 22, 2018 Volume 40, Page CALL TO ORDER The August 22, 2018 special meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Squires. OPENING CEREMONY Brad Snowden led the pledge of allegiance to the flag. ROLL CALL There were present: David Squires presiding, and Ristine Casagranda Sue McClure Suzanne Towsley Jeremy Horn Sharyl Seese comprising a quorum of the Council; and Eddie Athey, Acting City Manager Jackie Wilde, Acting City Clerk Absent—Keil CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Brad Snowden suggested that sand be purchased from Metco and delivered to the waterfront to create a sandy beach; he added that preliminary cruise ship dock designs for the Seward waterfront were designed with openings for some public access to the beach. Snowden suggested that an artificial island be constructed to the south of the airport to extend and expand the airport runway. Snowden stated that he had a potential partner who was interested in meeting with city officials regarding a new cruise ship dock. Kris Erchinger wished to address comments made by Towsley at the last council meeting. Erchinger wanted to go on record to say that there was bad blood between herself and Towsley stemmed from when Towsley was a city employee and Erchinger had filed a complaint against her for fraud. Erchinger said she had no familial relationship to the Hickoks. Erchinger also stated that rumors about a cover-up of workplace violence recently posted on Facebook were untrue, and she gave an account of the incident in question; there was no incident of workplace violence. Erchinger stated that she would retain an attorney if defamatory remarks from certain council members continued to be made in public forums. Erchinger stated that these defamatory comments did a disservice to city council and the community, and may be opening the city up to liability. 64 City of Seward,Alaska City Council Special Meeting Minutes August 22, 2018 Volume 40, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Casagranda/McClure) Approval of Agenda Motion Passed Unanimous SPECIAL ORDERS, PRESENTATIONS, AND REPORTS —None NEW BUSINESS —None COUNCIL COMMENTS Towsley stated that she had just been accused of fraud, and wanted to state clearly that she had never committed fraud. Towsley stated that there was no record of a fraud complaint in her personnel file. Towsley stated that she did make a Facebook comment earlier that day, but had not accused anybody of anything. Casagranda, in reference to the workplace violence incident that was brought up during citizen comments, stated that council had received a letter from the parent of a minor related to that incident that was now a public record. CITIZEN COMMENTS —None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS —None EXECUTIVE SESSION Motion (Casagranda/McClure) Go into Executive Session to evaluate, review, and discuss the candidates for the Interim City Manager position. Casagranda asked why it was necessary to discuss Interim City Manager candidates in executive session rather than in public. Squires replied that it was necessary to go into executive session to keep discussions relating to contracts and negotiating strategies within the legislative body. Motion Passed Unanimous Council went into Executive Session at 6:35 p.m. Council came out of Executive Session at 6:54 p.m. Council suspended the rules in order to ask Finance Director Kris Erchinger some questions. In response to Squires, Erchinger stated that interim city manager contracts typically did not include employee benefits, as the position was temporary. Erchinger stated that Social 65 City of Seward,Alaska City Council Special Meeting Minutes August 22, 2018 Volume 40,Page Security and Workers Compensation were two benefits that the city was required to contribute to. Erchinger added that council had the option to negotiate a contribution to a deferred compensation account as part of the compensation package, not to exceed 7.5%, but recommended not including the interim in the Public Employee Retirement System (PERS). Council went back on the rules. Council went back into Executive Session at 7:07 p.m. Council came out of Executive Session at 8:01 p.m. Council appointed Squires, Casagranda, and Horn to negotiate with Jeff Bridges for the interim city manager position. Council directed the city clerk to schedule a conference call with Bridges on Friday, August 24, 2018 at 1:30 p.m. Alaska Time. ADJOURNMENT The meeting was adjourned at 8:03 p.m. Jackie C. Wilde David Squires Acting City Clerk Mayor (City Seal) 66 303City of Seward,Alaska City Council Minutes August 27, 2018 Volume 40,Page CALL TO ORDER The August 27,2018 regular meeting of the Seward City Council was called to order at 7:00 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 Marianna Keil Ristine Casagranda Sue McClure Sharyl Seese Suzanne Towsley Jeremy Horn comprising a quorum of the Council; and Brennan Hickok, Assistant City Manager Jessica Fogle, Acting City Clerk Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Orson Smith, the city's representative for the Prince William Sound Regional Citizen's Advisory Council (PWSRCAC), said Squires was sent a letter from the PWSRCAC asking for suggestions from the city for PWSRCAC action,which was an annual request from all members of the organizations. Smith had represented Seward on PWSRCAC for the past three and a half years and some of his ideas were funded;he offered to meet with the council to discuss oil spill prevention and the city's response to it. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: 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 tonight and will come for public hearing and enactment on 304City of Seward,Alaska City Council Minutes August 27, 2018 Volume 40,Page September 10, 2018. Approval of the August 13, 2018 Regular Meeting and the August 16, 2018 Speeial Meeting M`ntes.Clerk requests removing from agenda-will appear on September 10, 2018 agenda. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Proclamations & Awards—None Chamber of Commerce Report.Cindy Clock requested that all membership renewals be turned in by August 30,2018. The 63rd Silver Salmon Derby saw the most fish ever weighed in one day,which was 450 on Day 7;the chamber enjoyed having the Japanese and Seward dignitaries at the closing ceremony at the Breeze Inn. The First Friday Art Walk was September 7,2018. Today was the first day of work for the new Blue Pipeline Incubator Manager/Business Advisor, Justin Sternberg. Clock thanked Kenai Fjords Tours for the cruise to Fox Island. The chamber would be hosting"Meet the Candidates" night from 5:00 - 6:30 p.m. on September 26, 2018 in the council chambers. The next chamber luncheon would be September 14,2018 with Erin Kirkland of Alaska Huts. City Manager Report. Assistant City Manager Brennan Hickok stated the following purchase orders between $10,000 and$50,000 had been approved by the city manager since the last meeting: None. J, K, and L floats experienced an underwater line break. The South Harbor boat launch bid opened on Tuesday,August 28.Public Works wanted to thank Council members McClure,Towsley, Seese,and Casagranda for the special meeting they held August 22nd on the water tank refurbishment project.Parks and Recreation welcomed three new employees to their team.The library and museum wanted to highlight a two thousand dollar cost savings this past year. The electric department was working with the Finance department to resolve meter issues. The Finance Department had a new online bill pay option and auto pay for their customers. Hickok stated that the APA Audit was scheduled for September 18, 2018. A Planning & Zoning Commission meeting was held regarding the Air Force Recreation Camp on September 4, 2018. Staff met with Andy Baker about the Saltwater Heat Pump Project on August 30, 2018. A representative from the Division of Community and Regional Affairs (DCRA) offered to provide Title 29 training to council and Staff any time before November 1, 2018. City Planner Jackie Wilde explained that Community Development started a lodging audit in 2017, and they conducted a new lodging audit with L.T.A.S. this year. They found over two hundred lodging businesses within city limits that were running either unlicensed or licensed under the wrong type of lodging. Last year,the city collected a little over$5,000 in taxes and bed tax and had a little over $17,000 in penalties. Wilde stated that this program would help ensure that businesses were safe and compliant. She also hoped this data would help finance enter information into a system that would make billing lodging businesses easier for them. Wilde said that a new lodging permit was in the works for 2019 and she hoped to start a Gold Star Program for compliant businesses.Wilde stated she was working with the Kenai Peninsula Borough to implement a similar program for them to use to track businesses that are not compliant outside of the city limits, as well. 305City of Seward,Alaska City Council Minutes August 27, 2018 Volume 40,Page In response to Seese,Hickok said the automatic pay option had been added to the city website but it would not affect customers who already have their billing set to automatic pay. In response to Squires, Hickok stated that he had not heard of the vandalism occurring on Lowell Point Road. Squires asked the public to report any vandalism or anyone destroying city property to the Police Department. In response to Casagranda, Hickok said mid-level and low-level hiring were being done by department heads and there was no higher-level hiring that would require the acting city manager to make the decision. Casagranda requested to give direction to administration to freeze hiring,firing,and re-hiring until an interim city manager started. Council voted on this and it failed. Other Reports,Announcements and Presentations —None PUBLIC HEARINGS —None UNFINISHED BUSINESS —None NEW BUSINESS—None INFORMATIONAL ITEMS AND REPORTS On-Going City Projects and Goals. City of Seward and Providence Seward Medical& Care Center Financials for June, 2018. COUNCIL COMMENTS Casagranda thanked Darryl Schaefermeyer for attending the work session and council meeting and sharing his wisdom. She thanked Orson Smith and suggested he come back to tell council more about his ideas. She congratulated Cindy Clock for a great Silver Salmon Derby and thanked the clerk's office for doing a great job with the visitors from Obihiro last month. She encouraged everyone to attend kids' local sports activities. Keil apologized to council and citizens for missing a few meetings due to medical treatments. She really enjoyed meeting with the mayor of Obihiro and talking about differences between Seward and Japan during their lunch with council. McClure invited everyone to celebrate Founder's Day at the library from 1:00-4:00 p.m. on August 28, 2018. She was sad that Dr. O'Connell would no longer be coming to Seward for eye doctor appointments and believed this was a real loss for the community. She enj oyed meeting with the Obihiro delegation and participating in the activities with them. She made sure that they got to see the swan family out on Nash Road. She thanked the clerk's office for the opportunity to enjoy these activities. 306City of Seward,Alaska City Council Minutes August 27, 2018 Volume 40,Page Towsley reminded residents to vote for the upcoming council election in October. Squires enjoyed the Obihiro delegation's visit and he was looking forward to Seward's delegation going to Obihiro,Japan.He wanted all registered voters to vote in the upcoming election. Council directed the clerk's office to start the application process for citizens interested in going to Obihiro, Japan in October. CITIZEN COMMENTS Elizabeth Dunn thanked the police chief for putting signs up showing how to get into the Police Department at night. She found Wilde's presentation very interesting and helpful. Hank West studied Japanese for three years and was looking forward to everyone going to Obihiro.He wanted to represent the City of Seward in Obihiro,Japan.He was concerned that airfare might be an issue if citizens were not chosen to go to Obihiro until a month before the trip. Lynda Paquette felt that there was hostility towards people who live within the town against people who live outside of the town. She recently started volunteering to do civic education for people who live within the city limits, so Seward's citizens could become more involved in local government. She asked for direction from council as to whether or not they wanted her to continue offering this service to citizens. Elizabeth Dunn stated that she lived outside the city most of her life and she never felt like she was treated differently at council meetings based on whether or not she lived inside the city limits. Carol Griswold appreciated Paquette's contribution to the city and she valued everyone's opinions. She was very disappointed that anyone could be treated so poorly. Griswold hoped that council's direction would be to allow Paquette to continue providing this education to Seward's citizens. Anthony Baclaan appreciated Paquette's classes and her contributions to the community.He emphasized that streaming videos and Facebook make meetings more accessible to the public. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS McClure stated that it was a citizen and not the council who believed that people outside of the city limits should not be allowed to speak at council meetings. Seese enjoyed Paquette's meetings. Towsley thanked Paquette for providing classes and live streaming it to make it more accessible to the public. 307City of Seward,Alaska City Council Minutes August 27, 2018 Volume 40,Page Casagranda thanked Paquette for providing classes. She enjoyed West's comments and was hoping to pick a sooner date to pick applicants for the trip to Obihiro. She addressed her concern with the audit that Community Development was conducting was based on nightly lodging only, rather than all businesses. Squires thanked West for his comments and wanted to wait until the end of September to pick applicants to attend the trip to Obihiro. He reminded citizens to put their best foot forward in their applications, so council could select Seward's best representatives. He was concerned that the lodging audit would lead to raised taxes. ADJOURNMENT The meeting was adjourned at 8:29 p.m. Jessica Fogle David Squires Acting City Clerk Mayor (City Seal) City of Seward,Alaska City Council Meeting Minutes September 10, 2018 Volume 39,Page 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 Ristine Casagranda Sue McClure Suzanne Towsley Jeremy Horn Sharyl Seese 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 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. 67 City of Seward,Alaska City Council Meeting Minutes September 10, 2018 Volume 39,Page 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. Brennan Horstead 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 50t' 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 public hearing and enactment on September 24, 2018. 68 City of Seward,Alaska City Council Meeting Minutes September 10, 2018 Volume 39,Page Resolution 2018-072, 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 69 City of Seward,Alaska City Council Meeting Minutes September 10, 2018 Volume 39,Page 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(RI),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 (Kell/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 of the public hearing being posted 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 70 City of Seward,Alaska City Council Meeting Minutes September 10, 2018 Volume 39,Page 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 (Keil/Casagranda) 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 2018-007,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 (Kell/Casagranda) 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. 71 City of Seward,Alaska City Council Meeting Minutes September 10, 2018 Volume 39,Page 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 (Keil/Casagranda) 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 (Keil/Casagranda) 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 (Keil/Casagranda) 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. 72 City of Seward,Alaska City Council Meeting Minutes September 10, 2018 Volume 39,Page 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. Diseuss seheduling nivork session with Pebble Partnership for a projeet design and updatew 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 50tb 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. 73 City of Seward,Alaska City Council Meeting Minutes September 10, 2018 Volume 39,Page 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 subj ect 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 74 City of Seward,Alaska City Council Meeting Minutes September 10, 2018 Volume 39,Page 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. Brennan 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. Brenda J. Ballou, MMC David Squires City Clerk Mayor (City Seal) 75 50"'Anniversary of Sister City with Obihiro,Hokkaido,Japan October 2018 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 21 22 23 24 25 26 Chrysanthemum 27 Chrysanthemum Arrive in Tokyo Rest day in Tokyo Fly to Kushiro Judging,Mayor visit, Festival,Banei Horse (evening)—stay (morning)—drive welcome party Track overnight to Obihiro at end of day 28 Chrysanthemum 29 Chrysanthemum 30 Chrysanthemum 31 Chrysanthemum Festival,Food Valley Festival,Banei Horse Festival Festival Tokachi Marathon, Track Mori no Halloween, Halloween Banei Horse Track Depart Obihiro—stay overnight in LA/SF November 2018 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 Arrive Anchorage • Day camp at Poroshiri Camping Field(Glamping experience) • Workshop with Obihiro citizens(with a Seward citizen as the teacher) • Visit agricultural and livestock facilities (Chinese yam processing facility,livestock factory, Meiji Cheese Factory,Yotsuba Dairy Factory,etc.) • Dairy product factory tour • Experience harvesting • Obihiro Zoo (visit mural) ,Art Museum,Obihiro Centennial Museem (ink wash painting exhibit currently on display) • Onsen(Japanese hot springs) • Japanese tea ceremony • Traditional Japanese dance and musical performances Airfare estimate(per person)$1,200 Available budget(approximately)$12,000 Expense NOT yet estimated: Hotel in Tokyo 76 Outbound flight to Japan ber A S 0088 A¢1 � C From: Flying Time: 3h29m Stops: 0 destination: Carrier Ref Ted Stevens,Anchorage, AK Seattle-Tacoma, Seattle, WA SOUTH -DOMESTIC + Operated By Tue 23 Oct 06.30AM Tue 23 Oct 10:59AM Alaska Airlines Distance: 1449 Class: Economy (K) NHO177 ,41VA From: Flying Time: 10h20m Stops: 0 Destination: Carrier Ref Seattle-Tacoma, Seattle; WA Narita; Tokyo, Japan TERMINAL 1 + Operated By Tue 23 Oct 01:20PM Wed 24 Oct 03:40PM All Nippon Airways Distance:4769 �i� Class: Economy (W} 1 aI Flight Number AIVAFrom: Flying Time: 1h40m OStops: 0 Destination: as tiw...A— Carrier Ref Tokyo (Haneda), Tokyo; Japan Kushiro, Japan DOMESTIC TERMINAL 2 + Operated By Thu 25 Oct 07:45AM Thu 25 Oct 09:25AM Airclo CO Ltcl Distance: 056E Class: Economy (%M 77 Return flight to Alaska 1 1 Flight1 1 1 AJVA From: Flying Time: 1h45m Stops: 0 Destination: UP.6 A J,,, Carrier Ref Obihiro, Japan Tokyo (Haneda),Tokyo, Japan DOMESTIC TERMINAL 2 + Operated By Wed 31 Oct 07:10PM Wed 31 Oct 09:55PM Airdo CO Ltd Distance: 0538 Class: Economy (Vti'J 1 1 1 ht Nu m ber NHO106 ANAFrom: Flying Time: 9h55m stops: 0 Destination: Carrier Ref Tokyo (Haneda),Tokyo, Japan Los Angeles. CA INTERNATIONAL TERMINAL TOM B RAID LEY INTL TERM Operated By Wed 31 Oct 10:55PM Wed 31 Oct 04:50PM All Nippon Airways Distance: 5488 Class: Economy (W) Alaska Airlines FlightNumber1 !I01 —1-AVARI—OW110YAy From: Flying Time: 5h40m Stops: 0 Destination: rti � Carrier Ref Los Angeles, CA Ted Stevens, Anchorage; AK TERMINAL 6 SOUTH -DOMESTIC + Operated By Wed 31 Oct 11:55PM Thu 01 Nov 04:35AM Alaska Airlines Distance:2345 1& Class: Economy (R) 78 fe® g2 '� Code of Conduct and Code of Ethic $3 1 spoke with Lynda Paquette about doing a grassroots effort to develop a Code of Ethics and Code of Conduct. She was open to having some sessions of the Civic Engagement forum dedicated to this project. The Code of Conduct and Code of Ethics would be developed by the citizens of Seward which would save money and be a working document outlining the expectations that the public has of their elected officials. 79 l oOq 2H Kam. L- T i t I e t o w n U S A CITY OF GREEN BAY, WISCONSIN CODE OF CONDUCT FOR ELECTED OFFICIALS 1 80 TABLE OF CONTENTS CODE OF CONDUCT FOR ELECTED OFFICIALS Section 1. The City of Green Bay Code of Conduct 3 Section 2. Elected Official Conduct with Elected Officials 3-4 Section 3. Fleeted Official Conduct with City Staff 4-5 Section ^+' Fleeted Official Conduct with the Public 5-6 -�. Section 5. Elected Official Conduct ��ith Public Agencies 6 Section 6. Elected Official Conduct with Boards and Commissions 7 Section 7. Elected Official Conduct with Media 7 Section 8. Enforcement of Code of Conduct 7-10 2 81 SECTION 1: The City of Grecn Bay Code of Conduct It is the policy of the City of Green Bay to uphold, promote, and demand the highest standards of ethics from its elected officials. Accordingly, members of the Common Council and Mayor shall maintain the utmost standards of personal integrity, trustfulness, honesty, and fairness in carrying out their public duties, avoid any improprieties in their roles as public servants, comply with all applicable laws, and never use their City position or authority improperly or for personal gain. The City of Green Bay and its elected officials share a commitment to ethical conduct and service to the City of Green Bay. This Code has been created to ensure that all officials have clear guidelines for carrying out their responsibilities in their relationships with each other, with the City staff, with the citizens of Green Bay, and with all other private and governmental entities. SECTION 2: Elected Official Conduct with One Another The Common Council and Mayor(hereinafter the "Council") have a responsibility to set the policies for the City. In doing so, certain types of conduct are beneficial while others are destructive. The Council has the responsibility to take the high road on Intra-Council conduct and to treat other Council members as they would like to be treated. The Council is composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all choose to serve in public office and, therefore, have the obligation to preserve and protect the well-being of the community and its citizens. In all cases, this common goal should be acknowledged, and the Council must recognize that certain behavior is counterproductive, while other behavior will lead to success. A. Use Formal Titles The Council shall try to refer to one another formally during public meetings as Mayor, Council President, or Alderperson followed by the individual's last name. B. Use Civility and Decorum in Discussions and Debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. Every Council member has the right to an individual opinion, which should be respected by the other Council members. Council members shall not be hostile, degrading, or defamatory when debating a contentious issue. Council members should assume the other members of the Council have the appropriate motives and interest of the public in mind and should not criticize differing opinions because they believe them to be lacking in judgment or improperly motivated. However, this does not allow Council members to make belligerent, impertinent, slanderous, threatening, abusive, or personally disparaging comments in public meetings or during individual 3 82 encounters. Shouting or physical actions that could be construed as threatening or demeaning will not be accepted. If Council member is personally offended by the remarks of another Council member, the offended member should make a note of the actual words used and call for a"point of personal privilege" that challenges the other Council member to justify or apologize for the language used. C. Honor the Role of the Chair in 'Maintaining Order It is the responsibility of the Mayor, as Chair of the Council, to keep the comments of Council members on track during Council meetings. Council members should honor efforts by the Mayor to focus discussion on current agenda items. If there is disagreement about the agenda or the Mayor's actions,those objections should be voiced politely and with reason, following commonly recognized parliamentary procedure. Likewise,the same responsibilities vested in the Mayor for Council meetings, are vested in the Committee Chair for Committee meetings. SECTION 3: Elected: Of`fieial Conduct with City Staff' Governance of the City relies on the cooperative efforts of elected officials who set policy and the City staff who implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each other for the good of the community. A. Treat all Staff as Professionals Council members should treat all staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior toward staff is not acceptable. Council members should refer to staff by their title followed by the individual's last name in public meetings when first introduced. B. Nearer Publicly F),mgan nr PPrennally Attack an Individual IJmUloyee Council members shall never demean or personally attack an employee regarding the employee's job performance in public. All employee performance issues shall be forwarded to the employee's supervisor or the City Attorney through private correspondence or conversation. C. Do not Supersede Administrative Authority Unless otherwise provided in this Code, neither the Council, nor any of its members, shall attempt to supersede the administration's powers and duties. Neither the Council nor any member thereof shall give orders to any subordinate of the Department Heads, either publicly or privately. Council members shall not attempt to unethically influence or coerce City staff concerning either their actions or recommendations to Council about personnel, purchasing, awarding contracts, selection of consultants, processing of development applications, or the granting of City licenses and permits. 4 83 Nothing in this section shall be construed, however, as prohibiting the Council while in open session from fully and freely discussing with or suggesting to the Department Heads anything pertaining to City affairs or the interests of the City. D. Do not Solicit Political Support from Staff Council members should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, collection of petition signatures, etc.) from City staff. City staff may, as private citizens within their constitutional rights, support political candidates, but all such activities must be done away from the workplace. Photographs of uniformed City employees shall not be used in political ads. SECTION 4: Elected Official Conduct Towards the Public In Public Meetings Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of individual Council members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. The Council members are expected to demonstrate, both publicly and privately, their honesty and integrity, and to be an example of appropriate and ethical conduct. All Council members should convey to the public their respect and appreciation for the public's participation, input, and opinions. A. Be welcoming to Speakers and Treat them with Care and Respect For many citizens, speaking in front of Council is a new and difficult experience. Under such circumstances, many are nervous. Council members are expected to treat citizens with care and respect during public hearings. Council members should commit full attention to the speakers or any materials relevant to the topic at hand. Comments and non-verbal expressions should be appropriate, respectful, and professional. B. Be Fair and Equitable in Allocating,Public Hearing Time to Individual Speakers The Mayor will determine and announce time limits on speakers at the start of the public hearing process. Generally,each speaker will be allocated five minutes, with applicants and appellants or their designated representative allowed more time. If many speakers are anticipated, the Mayor may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers. Each speaker may only speak once during the public hearing unless the Council requests additional clarification later in the process. After the close of the public hearing, no additional public testimony will be accepted unless the Council reopens the public hearing for a limited and specific purpose. C. Ask for Clarification, but Avoid Debate and Argument with the Public Only the Mayor, not other Council members, should interrupt a speaker during a presentation. However, other Council members may ask the Mayor for a point of order if the speaker is off the 5 84 topic or exhibiting behavior or language the Council member finds disturbing. Questions directed by Council members to members of the public testifying should seek to clarify or expand information, not to criticize or debate. D. Follow ParliamentM Procedure in Conducting Public Meetings The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Final rulings on parliamentary procedure are made by the Mayor or Committee Chair,subject to the appeal of the full Council or Committee per Roberts Rules of Order. [GBMC 2.06(1)] Outsidc_Public Meetings E. Make no Promise on Behalf of the City or Council in Unofficial Settings. Council members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. Overt or implicit promises of specific Council action or promises that City staff will take some specific actions shall be avoided. Council members must ensure that in expressing their own opinions they do not mislead any listener into believing that their individual opinion is that of the entire Council, unless the Council has taken a vote on that issue and the Council member's opinion is the same as the decision made by the Council_ f.ikcwisc, no Council member should state in writing that Council member's position in a. %%ay that implies it is the position of the entire City Council. A Council member has the right to state a personal opinion, and has the right to indicate that he/she is stating such as a member of the Council, but must always clarify that he/she is not speaking on behalf of the City or the Council unless authorized by the Council to do so. SECTION S, Elected Clflicial Conduct with Public Agen ies A. Be Clear about Re resenting the City or Personal Interests I a/ nUrCi1 n e h.'r.a� �.�r� 4'" r� ;' ^tl vernmenta! acir nr 6 nti do .��,...,.... .P.r go- statement ti nr nr a Z a 1 n try aivP si on an issue, the Council member must clearly state whether his or her statement reflects personal opinion or is the official stance of the City. Council members must inform the Council of their involvement in an outside organization if that organization is or may become involved in any issue within the City's jurisdiction. If an individual Council member publicly represents or speaks on behalf of another organization whose position differs from the City's official position on any issue, the Council member must clearly communicate the organization upon whose behalf they are speaking and must withdraw from voting as a Council member upon any action that has bearing upon the conflicting issue. B. Representation of the City on Intergovernmental Commissions and Other Outside Entities Council members serving on committees or boards as a City representative for outside entities or agencies shall properly communicate with other Council members on issues pertinent to the City. 6 85 SECTION 6: Elected. Official Conduct with Boards and Commissions A. Limit Contact with Board and Commission Members to Questions of Clarification Council members shall not contact a Board or Commission member to lobby on behalf of an individual, business, or developer for personal gain. Council members may contact Board or Commission members in order to clarify a position taken by the Board or Commission or a member thereof. Council members may respond to inquiries from Board and Commission members. Communications should be for information only. B. Attendance at Board or Commission Meetings Council members may attend any Board or Commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation is viewed, especially if it is on behalf of an individual, business, or developer, which could be perceived as unfairly affecting the process. C. Be respectful of Diverse Opinions A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council members must be fair and respectful to all citizens serving on Boards and Commissions. SECTION 7: Elected Official Conduct with the Media A. Expression of Positions on Issue When communicating with the media, Council members should clearly differentiate between personal opinions and the official position of the City. Each Council member represents one vote of twelve and until a vote on any issue is taken, Council members' positions are merely their own. B. Discussions Regarding City Staff Council members should not discuss personnel issues or other matters regarding individual City staff in the media. Any issues pertaining to City staff should only be addressed directly to the Department Head or City Attorney, SECTION 8: Enforcement of this Code of Conduct A. filing of Complaints Any person who believes a Elected official, in his/her official capacity, has violated a requirement, prohibition, or guideline set out herein may file a sworn complaint with the City Clerk identifying(1) the complainant's name, address and contact information; (2) the name and position of the City official who is the subject of the complaint; (3) the nature of the alleged violation, including the specific provision of the Code allegedly violated, and(4) a statement of facts constituting the alleged violation and the dates on which, or period of time during which, the alleged violation occurred. 7 86 Attached to the complaint the person making the complaint shall provide all documents or other materials in the complainant's possession that are relevant to the allegation, a list of all documents or other materials relevant to the allegation that are available to the complainant but not in the complainant's possession, and a list of all other documents or other materials relevant to the allegation but unavailable to the complainant, including the location of the documents if known, and a list of witnesses, what they may know, and information to contact those witnesses. The complaint shall include an affidavit at the end of the complaint stating that the "information contained in the complaint is true and correct, or that the complainant has good reason to believe and does believe that the facts alleged are true and correct and that they constitute a violation of the Code." If the complaint is based on information and belief, the complaint shall identify the basis of the information and belief, including all sources, contact information for those sources, and how and when the information and/or belief was conveyed to the complainant by those sources. The complainant shall swear to the facts by oath before a notary_public, or before the City Clerk. The notary public or City Clerk shall verify the signature. re complaint filing is determined to be complete by the City Clerk, the City Clerk shall_ forward the matter to the Ethics Board. If the complaint filing is determined incomplete, the City Clerk shall notify the complainant of the deficiency. B. Time for Filing A complaint under the Code must be filed no later than one year from the date of discovery of the alleged violation. However, anyone having information on which a complaint is based is encouraged to file the complaint as soon as the information is obtained so that immediate action may be taken by the Council or the appropriate staff member or agency. The delayin filing a complaint ilia considered � * `a�, p y` a i.OiiS lu%reu ii� e.erirlining the SuilCtiGi4 �O � impv$eu. C. False or Frivolous Complaints A person who knowingly makes a false, misleading, or unsubstantiated statement in a complaint is subject to criminal prosecution for perjury and possible civil liability. If, after reviewing' a 1:V1111�1t11111, 41J UGLG1111111Gu uiai a ]vvviii 4VMIAN�utlla i� �ivuiuuiv�i wiu :e�v�:� i� .1 been filed in bad faith or for the purpose of harassment, or that intentionally false or malicious information has been provided under penalty of perjury. A City official who seeks to take civil action regarding any such complaint shall do so at his or her expense. D. Complaint Procedure (1) Hearing on Complaint- If the City Clerk determines that the complaint is complete he/she shall forward it to the Ethics Board to set a hearing to investigate the allegations within 45 days after filing of the complaint.The Ethics Board shall issue a summons signed by the City Clerk, commanding the individual so complained of to appear before the Ethics Board on a day and at a place named in such summons and show cause as to why the individual should not be subject to penalties and sanctions. Such summons shall be served at least seven days before the time in 8 87 which such person is commanded to appear, and shall include the complaint and any supporting documentation. (2) Failure to Respond to Summons- If the individual charged does not appear as required by the summons, the Ethics Board may consider such failure to appear in its recommendation to Council. The Council may subsequently consider such failure to appear in its decision to issue penalties or sanctions. (3) Parties Counsel- If the person charged appears as required by the summons and denies the complaint; both the complainant and the person charged may produce witnesses, cross-examine witnesses, and be represented by counsel. The person charged shall be provided a written transcript of the hearing at his or her expense. (4) Recommendations- At the conclusion of the evidentiary hearing, the Ethics Board, following deliberation in open or executive session, shall submit a report to the Council, including findings of fact, conclusions of law, and a recommendation as to what action, if any, the Council should take into account with respect to the individual charged. The Ethics Board shall provide the complainant and the individual charged with a copy of the report. Either the complainant or the person charged may file an objection to the report and shall have the opportunity to present arguments supporting the objection to the Council. (5) Council Action-The Council shall determine whether the arguments shall be presented orally, in writing, or both. The Council shall consider and take action on the recommendation of the Ethics Board within 60 days after the Ethics Board adjourns the hearing. Upon review of the report and following a discussion, if the Council, by motion, concludes that there is a violation of the Code, the Council may impose a sanction or penalty. The Council may adopt, reject,or modify the recommendation made by the Ethics Board. In resolving the complaint, the totality of the circumstances shall be taken into consideration, including the intent of the person accused of the wrongdoing. (6) Penalties and Sanctions Policy - It is the intent of the Council to educate and, when necessary, discipline Council members who violate this Code. Discipline shall be progressive, from the least punitive to the most punitive measures, unless the Council believes that the progressive discipline does not provide the appropriate sanction because of the gravity of the offense, or because the Council does not believe the sanction would deter future misconduct. In all instances, the totality of the circumstances shall be taken into consideration in resolving the matter, including the intent of the one accused of wrongdoing. (7) Possible Penalties and Sanctions- Possible sanctions may include: a. An informal censure by the Council, which would only be made as part of a motion in a public meeting. [GBMC 2.06(1)] b. A formal censure by the Council, which would be made by motion in a public meeting and then published in the City newspaper. [GBMC 2.06(l)] c. Mandatory community service. [Wis. Stat. 62.1 1(3)(e)] d. Attendance at counseling or mediation sessions. [Wis. Stat. 62.11(3)(e)] e. Imposition of dollar fine of up to S500.00. [Wis. Stat. 62.11(3)(a) & (c)] 9 88 f. Any other sanction available by law. The imposition of any of these penalties or sanctions will require an affirmative vote of 3/4 of the Council, other than an informal or formal censure which shall only require a majority vote of the Council. A violation of the penalties imposed by Council may constitute grounds for removal from office under Wisconsin Statute §17.12(l)(a). (8) Notice- The municipal clerk shall give notice of the Council's decision to the person charged. sa 89 mq Ve; � 313110 If you would like to obtain a Microsoft Word Version of this document please contact us at localgov a ose.state.ny.us Model Code of Ethics for Local Governments WHEREAS, article 18 of the General Municipal Law prohibits the officers and employees of a municipality from having certain conflicts of interest, and WHEREAS section 806 of the General Municipal Law requires the governing body of each county, city (other than the City of New York), town, village, school district and fire district' to adopt a code of ethics that sets forth for the guidance of its officers and employees standards of conduct reasonably expected of them, and WHEREAS section 806 of the General Municipal Law also authorizes the governing body of any other municipality to adopt such a code of ethics, and WHEREAS, a code of ethics adopted by the governing body of a municipality must set forth standards of conduct for the guidance of the officers and employees of the municipality with respect to disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other standards as may be deemed advisable. NOW, THEREFORE, be it resolved that the [insert name of governing body] of the [insert name of municipality] hereby adopts a code of ethics to read as follows: Code of Ethics of the linsert name of municinalit),l Section 1. Purpose. Officers and employees of the [insert name of municipality] hold their positions to serve and benefit the public, and not for obtaining unwarranted personal or private gain in the exercise and performance of their official powers and duties. The [insert name of municipal governing body] recognizes that, in furtherance of this fundamental principle, there is a need for clear and reasonable standards of ethical conduct. This code of ethics establishes those standards. Section 2. Definitions. (a) "Board" means the governing board of municipality and any municipal administrative board (e.g. planning board, zoning of board of appeals), commission, or other agency or body comprised of two or more municipal officers or employees. (b) "Code" means this code of ethics. ' This model code of ethics is for use by municipalities other than fire districts. The State Comptroller has promulgated a separate model code of ethics for fire districts. 90 2 (c) "Interest" means a direct or indirect financial or material benefit, but does not include any benefit arising from the provision or receipt of any services generally available to the residents or taxpayers of the municipality or an area of the municipality, or a lawful class of such residents or taxpayers. A municipal officer or employee is deemed to have an interest in any private organization when he or she, his or her spouse, or a member of his or her household, is an owner, partner, member, director, officer, employee, or directly or indirectly owns or controls more than 5% of the organization's outstanding stock. (d) "Municipality" means [insert name of municipality]. The word "municipal" refers to the municipality. (e) "Municipal officer or employee" means a paid or unpaid officer or employee of the [insert name of municipality], including, but not limited to, the members of any municipal board. (f) "Relative"means a spouse, parent, step-parent, sibling, step-sibling, sibling's spouse, child, step-child, uncle, aunt, nephew. niece, first cousin, or household member of a municipal officer or employee, and individuals having any of these relationships to the spouse of the officer or employee. Section 3. Applicability. This code of ethics applies to the officers and employees of the [insert name of municipality], and shall supersede any prior municipal code of ethics. The provisions of this code of ethics shall apply in addition to all applicable State and local laws relating to conflicts of interest and ethics includin,, but not limited to, article 18 of the General Municipal Law and all rules, regulations, policies and procedures of the [insert name of municipality]. Section 4. Prohibition on use of municipal position for personal or private gain. No municipal officer or employee shall use his or her municipal position or official powers and duties to secure a financial or material benefit for himself or herself, a relative, or any private organization in which he or she is deemed to have an interest. Section 5. Disclosure of interest in legislation and other matters. (a) Whenever a matter requiring the exercise of discretion comes before a municipal officer or employee, either individually or as a member of a board, and disposition of the matter could result in a direct or indirect financial or material benefit to himself or herself, a relative, or any private organization in which he or she is deemed to have an interest, the municipal officer or employee shall disclose in writing the nature of the interest. (b) The disclosure shall be made when the matter requiring disclosure first comes before the municipal officer or employee, or when the municipal officer or employee first acquires knowledge of the interest requiring disclosure, whichever is earlier. 91 3 (c) In the case of person serving in an elective office, the disclosure shall be filed with the governing board of the municipality. In all other cases, the disclosure shall be filed with the person's supervisor or, if the person does not have a supervisor, the disclosure shall be filed with the municipal officer, employee or board having the power to appoint to the person's position. In addition, in the case of a person serving on a municipal board, a copy of the disclosure shall be filed with the board. Any disclosure made to a board shall be made publicly at a meeting of the board and must be included in the minutes of the meeting. Section 6. Recusal and abstention. (a) No municipal officer or employee may participate in any decision or take any official action with respect to any matter requiring the exercise of discretion, including discussing the matter and voting on it, when he or she knows or has reason to know that the action could confer a direct or indirect financial or material benefit on himself or herself, a relative, or any private organization in which he or she is deemed to have an interest. (b) In the event that this section prohibits a municipal officer or employee from exercising or performing a power or duty: (I) if the power or duty is vested in a municipal officer as a member of a board, then the power or duty shall be exercised or performed by the other members of the board; or (2) if the power or duty that is vested in a municipal officer individually, then the power or duty shall be exercised or performed by his or her deputy or, if the officer does not have a deputy, the power or duty shall be performed by another person to whom the officer may lawfully delegate the function. (3) if the power or duty is vested in a municipal employee, he or she must refer the matter to his or her immediate supervisor, and the immediate supervisor shall designate another person to exercise or perform the power or duty. Section 7. Prohibition inapplicable; disclosure, recusal and abstention not required. (a) This code's prohibition on use of a municipal position (section 4), disclosure requirements (section 5). and requirements relating to recusal and abstention (section 6), shall not apply with respect to the following matters: (1) adoption of the municipality's annual budget; (2) any matter requiring the exercise of discretion that directly affects any of the following groups of people or a lawful class of such groups: (i) all municipal officers or employees; (ii) all residents or taxpayers of the municipality or an area of the municipality; or 92 4 (iii) the general public; or (3) any matter that does not require the exercise of discretion. (b) Recusal and abstention shall not be required with respect to any matter: (1) which comes before a board when a majority of the board's total membership would otherwise be prohibited from acting by section 6 of this code; (2) which comes before a municipal officer when the officer would be prohibited from acting by section 6 of this code and the matter cannot be lawfully delegated to another person. Section S. Investments in conflict with official duties. (a) No municipal officer or employee may acquire the following investments: (1) investments that can be reasonably expected to require more than sporadic recusal and abstention under section 6 of this code; or (2) investments that would otherwise impair the person's independence of judgment in the exercise or performance of his or her official powers and duties. (b) This section does not prohibit a municipal officer or employee from acquiring any other investments or the following assets: (1) real property located within the municipality and used as his or her personal residence; (2) less than five percent of the stock of a publicly traded corporation; or (3) bonds or notes issued by the municipality and acquired more than one year after the date on which the bonds or notes were originally issued. Section 9. Private employment in conflict with official duties. No municipal officer or employee, during his or her tenure as a municipal officer or employee, may engage in any private employment, including the rendition of any business, commercial, professional or other types of services, when the employment: (a) can be reasonably expected to require more than sporadic recusal and abstention pursuant to section 6 of this code; (b) can be reasonably expected to require disclosure or use of confidential information gained by reason of serving as a municipal officer or employee; (c) violates section 805-a(1)(c)or(d) of the General Municipal Law; or 93 S (d) requires representation of a person or organization other than the municipality in connection with litigation, negotiations or any other matter to which the municipality is a party. Section 10. Future employment. (a) No municipal officer or employee may ask for, pursue or accept a private post-government employment opportunity with any person or organization that has a matter requiring the exercise of discretion pending before the municipal officer or employee, either individually or as a member of a board, while the matter is pending or within the 30 days following final disposition of the matter. (b) No municipal officer or employee, for the two-year period after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any matter involving the exercise of discretion before the municipal office, board, department or comparable organizational unit for which he or she serves. (c) No municipal officer or employee, at any time after serving as a municipal officer or employee, may represent or render services to a private person or organization in connection with any particular transaction in which he or she personally and substantially participated while serving as a municipal officer or employee. Section 11. Personal representations and claims permitted. This code shall not be construed as prohibiting a municipal officer or employee from: (a) representing himself or herself, or his or her spouse or minor children before the municipality; or (b) asserting a claim against the municipality on his or her own behalf, or on behalf of his or her spouse or minor children. Section 12. Use of municipal resources (a) Municipal resources shall be used for lawful municipal purposes. Municipal resources include, but are not limited to, municipal personnel, and the municipality's money, vehicles, equipment, materials, supplies or other property. (b) No municipal officer or employee may use or permit the use of municipal resources for personal or private purposes, but this provision shall not be construed as prohibiting: (1) any use of municipal resources authorized by law or municipal policy; (2) the use of municipal resources for personal or private purposes when provided to a municipal officer or employee as part of his or her compensation; or 94 6 (3) the occasional and incidental use during the business day of municipal telephones and computers for necessary personal matters such as family care and changes in work schedule. (c) No municipal officer or employee shall cause the municipality to spend more than is reasonably necessary for transportation, meals or lodging in connection with official travel. Section 13. Interests in Contracts. (a) No municipal officer or employee may have an interest in a contract that is prohibited by section 801 of the General Municipal Law. (b) Every municipal officer and employee shall disclose interests in contracts with the municipality at the time and in the manner required by section 803 of the General Municipal Law. Section 14. Nepotism. Except as otherwise required by law: (a) No municipal officer or employee, either individually or as a member of a board, may participate in any decision specifically to appoint, hire, promote, discipline or discharge a relative for any position at, for or within the municipality or a municipal board. (b) No municipal officer or employee may supervise a relative in the performance of the relative's official powers or duties. Section 15. Political Solicitations. (a) No municipal officer or employee shall directly or indirectly to compel or induce a subordinate municipal officer or employee to make, or promise to make, any political contribution, whether by gift of money, service or other thing of value. (b) No municipal officer or employee may act or decline to act in relation to appointing, hiring or promoting, discharging, disciplining, or in any manner changing the official rank, status or compensation of any municipal officer or employee, or an applicant for a position as a municipal officer or employee, on the basis of the giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose. Section 16. Confidential Information. No municipal officer or employee who acquires confidential information in the course of exercising or performing his or her official powers or duties may disclose or use such information unless the disclosure or use is required by law or in the course of exercising or performing his or her official powers and duties. 95 7 Section 17. Gifts. (a) No municipal officer or employee shall solicit, accept or receive a gift in violation of section 805-a(1)(a) of the General Municipal Law as interpreted in this section. (b) No municipal officer or employee may directly or indirectly solicit any gift. (c) No municipal officer or employee may accept or receive any gift, or multiple gifts from the same donor, having an annual aggregate value of seventy-five dollars or more when: (1) the gift reasonably appears to be intended to influence the officer or employee in the exercise or performance of his or her official powers or duties; (2) the gift could reasonably be expected to influence the officer or employee in the exercise or performance of his or her official powers or duties; or (3) the gift is intended as a reward for any official action on the part of the officer or employee. (d) For purposes of this section, a"gift" includes anything of'value, whether in the form of money, service, loan, travel, entertainment, hospitality, thine or promise, or in any other form. The value of a gift is the gift's fair market value, determined by the retail cost of tlIC item or a comparable item. The fair market value of a ticket entitling the holder to food, refreshments, entertainment. or any other benefit is the face value of the ticket, or the actual cost to the donor, whichever is greater. Determination of whether multiple gifts from a single donor exceed seventy-five dollars must be made by adding together the value of all gifts received from the donor by an officer or employee during the twelve-month period preceding the receipt of the most recent gift. (e) (1) A gift to a municipal officer or employee is presumed to be intended to influence the exercise or performance of his or her official powers or duties when the gift is from a private person or organization that seeks municipal action involving the cxcrcise of discretion by or with the participation of the officer or employee. (2) A gift to a municipal officer or employee is presumed to be intended as a reward for official action when the gift is from a private person or organization that has obtained municipal action involving the exercise of discretion by or with the participation of the officer or employee during the preceding twelve months. (f} This section does not prohibit any other gift, including: (1) gifts made to the municipality; (2) gifts from a person with a family or personal relationship with the officer or employee when the circumstances make it clear that the personal relationship, rather than the recipient's status as a municipal officer or employee, is the primary motivating factor for the gift; 96 8 (3) gifts given on special occasions, such as marriage, illness, or retirement, which are modest, reasonable and customary; (4) unsolicited advertising or promotional material of little intrinsic value, such as pens, pencils, note pads, and calendars; (5) awards and plaques having a value of seventy-five dollars or less which are publicly presented in recognition of service as a municipal officer or employee, or other service to the community; or (6) meals and refreshments provided when a municipal officer or employee is a speaker or participant at a job-related professional or educational conference or program and the meals and refreshments are made available to all participants. Section 18. Board of Ethics. (a) There is hereby established a board of ethics for the municipality. The board of ethics shall consist of[insert three, five ...] members, a majority of whom shall not be officers or employees of the municipality, but at least one of whom must be a municipal officer or employee. The members of such board of ethics shall be appointed by the [insert name of municipal governing bodyz], serve at the pleasure of the appointing authority, and receive no salary or compensation for their services as members of the board of ethics. (b) The board of ethics shall render advisory opinions to the officers and employees of the [insert name of municipality] with respect to article 18 of the General Municipal Law and this code. Such advisory opinions must be rendered pursuant to the written request of any such officer or employee under such rules and regulations as the board of ethics may prescribe. The board of ethics shall have the advice of legal counsel employed by the board, or if none, the municipality's legal counsel. In addition, the board of ethics may make recommendations with respect to the drafting and adoption of a code of ethics, or amendments thereto, upon the request of the [insert name of municipal governing body]. Section 19. Posting and distribution. (a) The [insert title of municipal chief executive officer] must promptly cause a copy of this code, and a copy of any amendment to this code, to be posted publicly and conspicuously in each building under the municipality's control. The code must be posted within ten days following the date on which the code takes effect. An amendment to the code must be posted within ten days following the date on which the amendment takes effect. In the case of county operating under an optional or alternative form of county government or county charter, insert the"county executive"or"county manager,"as the case may be,"subject to confirmation by the[insert name of county governing body]." 97 9 (b) The [insert title of municipal chief executive officer] must promptly cause a copy of this code, including any amendments to the code, to be distributed to every person who is or becomes an officer and employee of the [insert name of municipality]. (c) Every municipal officer or employee who receives a copy of this code or an amendment to the code must acknowledge such receipt in writing. Such acknowledgments must be filed with the [insert "clerk of the municipality" or, if there is no clerk, insert "secretary"] who must maintain such acknowledgments as a public record. (d) The failure to post this code or an amendment to the code does not affect either the applicability or enforceability of the code or the amendment. The failure of a municipal officer or employee to receive a copy of this code of ethics or an amendment to the code, or to acknowledge receipt thereof in writing, does not affect either the applicability or enforceability of the code or amendment to the code. Section 20. Enforcement. Any municipal officer or employee who violates this code may be censured, fined, suspended or removed from office or employment in the manner provided by law. Section 21, Effective date. This code takes effect on [insert date on which code of ethics takes effect]. 98 CITY PROJECTS & GOALS Updated for September 24, 2018 City Council meeting The following list of City Council projects and goals was reviewed, discussed, and updated at the February 12, 2018 City Council meeting. 1. ADA ACCESSIBLE PARKING AT CITY HALL Council directed the city clerk to provide a history of why the location for municipal elections was moved from City Hall to the K.M. Rae Building, as it related to ADA accessibility. City Clerk history and status provided February 27, 2018. First floor restrooms currently under renovation to provide one large ADA-accessible family restroom, in addition to one men's and one women's restroom. The first floor restrooms in City Hall were completed May 14, 2018. Fifth Avenue parking is not practical due to challenges with grade and distance; Adams Street parking must be reserved for Police Department access; Public Works is currently researching the feasibility of a modification to the SE corner of the back lot, as well as modifications to second floor restrooms. Clerk's office received ADA analysis kit from Division of Elections (DOE); clerk will work with Public Works Director Doug Schoessler and Assistant City Manager Brennan Hickok to perform the analysis (currently scheduled for Amg„ 1 rescheduled to September 12) Update: The city clerk, Public Works Director, and Assistant City Manager conducted the ADA analysis; clerk will furnish DOE with results and await response. 2. SET LOCATION FOR SATELLITE FIRE STATION AND PUBLIC WORKS BUILDING Administration is currently reviewing a concept public private proposal to house the Quint (ladder truck) on the city-side of the bay. 3. DISCUSSION ON AIR FORCE RECREATION CAMP SITE Council held a joint work session with the Planning & Zoning Commission on February 28, 2018. Directed administration to have Community Development bring forward multiple land use concepts. (Previous council work session was held September 25, 2017). April 9, 2018 work session to discuss development concepts. Following April 9, 2018 work session, administration has initiated the rezone of the property to Auto Commercial (AC), the replatting of lots generally as presented at the work session, and the creation of a subdivision and utility development plan. 4. SALTWATER HEAT PUMP PROJECT The state capital budget approved $725,000 for this project; currently awaiting Governor Walker's signature. Administration is working with the design engineer to update costs and ROI models in order to identify any potential funding shortfall and prepare strategies for additional funding sources, if necessary. 5. ENERGY EFFICIENCY OF CITY HALL 6. GROUND TRANSPORTATION FOR AMBULANCE SERVICES Directed administration to provide an update on ground transportation for ambulance services. 7. ANIMAL SHELTER IMPROVEMENTS 99 (Council passed Resolution 2017-035, Authorizing Replacement Of The Roof Of The Seward Animal Shelter, In An Amount Not To Exceed$6,851.00, And Appropriating Funds.) March 19, 2018 work session; directed administration to look into potential locations and funding options. Resolution 2018-049 approved at the May 29, 2018 meeting, authorizing the creation of the Animal Shelter Relocation Fund and approving start-up funds. Update: Resolution 2018-080 being considered on September 24, 2018 for council approval will relocate the Animal Shelter to Fort Raymond. 8. RESEARCH ELECTED/APPOINTED OFFICIAL TELECONFERENCING POSSIBILITIES FOR MEETINGS Directed the city attorney to provide advice on teleconferencing possibilities for elected and appointed officials. City Attorney opinion provided February 14, 2018. 9. UPDATE THE KPB TSUNAMI WARNING MESSAGE TO INCLUDE SPECIFIC REFERENCE TO THE LOCAL RADIO STATION (91.7/106.1) Directed administration to provide an update on the status of modifying the tsunami warning announcement to include specific radio information, and also request the borough add a sticker to their brochures which identifies the Seward radio station. Resolution 2018-019 designated KIBH-FM 91.7 as the city's official radio station for emergencies, and authorized the City Manager to work with borough to include radio station information in tsunami warning broadcasts. 10. INCENTIVIZE FAMILY ENTERTAINMENT-TYPE BUSINESSES TO COME TO SEWARD II.AFFORDABLE HOUSING(INCLUDING SUMMER WORKER HOUSING) Council will hold a work session in May, 2018. (Previous council work sessions were held on May 22, 2017, June 12, 2017, and July 11, 2017) 12. SEWARD COMMUNITY HEALTH CARE CENTER EXPANSION Directed administration to provide an update on the Seward Community Health Care Center expansion. March 12, 2018 council meeting authorized to pay up to $1,500 in travel expenses for Jean Bardarson to travel with city representatives to Washington, DC in April, 2018 (April 14-18, 2018 trip to Washington, DC) 13. BUILDING MAINTENANCE 14. LED LIGHT CONVERSIONS 15. EXPLORE POSSIBILITIES FOR CREATING A REVENUE STREAM FOR THE ANIMAL SHELTER AND SOS PETS 16. PURSUE AVENUES TO INCREASE WINTER RECREATION OPPORTUNITIES 17. CONDUCT CITY-WIDE DISASTER EXERCISE TO INCLUDE MOVING RESOURCES, EVACUATION FO THE PUBLIC, ENGAGING OUTSIDE AGENCIES, AND PUBLIC INFORMATION DISSEMINATION 100 18. EXTEND CITY UTILITIES INTO VIABLE AREAS TO SUPPORT FUTURE RESIDENTIAL HOUSING COUNCIL COMMITTEES 1. February 26, 2018, council created an Ad Hoc Committee consisting of Council Member Horn, Council Member Casagranda, and Mayor Squires to work with administration to develop a Request for Proposals for conducting a third party investigation of city personnel matters. At the May 29, 2018 council meeting, the city manager was directed to contact the DCRA and arrange for an audit of administration, personnel, and council. Based on the results of that event, council will decide whether or not to continue with this committee. At the August 13, 2018 meeting, Assistant City Manager Brennan Hickok reported that the DCRA declined the city's request for an audit because it was beyond the scope of their duties/capabilities. Update: Assistant City Manager Brennan Hickok reported at the September 10, 2018 that he had sent an email to council on August 31, 2018 with responses from the DCRA regarding Title 29 (Municipal Government) training they could provide, if council wishes. 101 C NDIDA S NIGH Council Chambers Wednesday, September 26 5:00-6: o pm CITY C UNCIEL — TWO-YEAR TERM 1 Seat Kelley W Lane Wolf Kurtz Thomas A. "Andy" Loertscher Tire McDonald CITY COUNCIL THREE-YEAR TERM 2 Seats haryl Seese Anthony K. "Tony" Baclaan John W Osen a Forum will be broadcast Call its number 224-40447G I Seward .,, Co 102 City of Seward, Alaska Monthly Budget Report For the month ended July 31, 2018 We are pleased to provide this budget report for the quarter ended July 31, 2018. The intent of this rep rt is to provide transparent financial and budgetary information to the public, and to present information in a format that combines narrative and graphical elements, to make it easier to unde stand. The report includes the following components: 1) the narrative report explains the higidights of financial results for the General Fund; 2) revenue and expenditure/expense budget- o-actual report for General Fund and Enterprise Funds; 3) cash balances in all City funds; end 3) risk area assessment. This monthly report includes data for the City's General Fund ard the City's enterprise funds (Harbor, SMIC, Electric, Water, Wastewater, and Parking Funds. We welcome comments from the City Council or the public as to how we may improve this doc nnent to make it more useful for timely decision making. The pre entation of this financial information aims to meet the requirements for financial reportin as defined by the Seward City Council in Resolution 2008-59. If you have questions or require additional information, please feel free to contact finance director Kristin Erchinger at (907)22 -4064, or by e-mail at kerchinger@cityofseward.net. July Financials as of 9/18/18 1 103 GENERAL FUND Analysis of Revenues The General Fund Revenues are at 34.4% of the annual budget as of July 31, 2018, with 58% of the calendar year completed. This compares to prior years through July as follows: 2017 (37%), 2016 (3 .6%) and 2015 (40%). The General Fund's single largest revenue source is sales taxes and rev nues through July are at $1.38 million, or 28% of the annual budget. Seward's largest quarter for sales tax revenue is June through August, and those taxable sales results will be reflected as receipts in November. Sales tax revenues are $33,079 higher through July 2018 than in the p 'or year. The overall sales tax budget for 2018 was conservative at $500,000 compared to 2017 final sales tax revenues of$5.1 million, so it is anticipated that sales tax revenues will exceed arget. Properv, tax revenues are budgeted at $1,305,000 and revenues through July are $198,888, or 5.2% hgher than the prior year, where through July, property tax revenues were $188,979. Howevc r, the bulk of property tax revenues are received after November, when taxes are due to the Kenai Peninsula Borough. The City saw 21 residential construction permits issued in 2017 (total v lue of $1,070,477) and 14 commercial construction permits issued (total value of $2,324, 33). The budget did not consider additional construction in property tax revenue projections. Due to the unbudgeted receipt of$50,883 in oil property tax through July 2018, it is expecte I that the City will exceed its property tax projections in 2018, although the magnitude of the incr ase is uncertain at this time. The City's mill rate increased in 2018 from 3.12 mills to 3.84 mi is to reflect the passage of a voter-approved increase in the property tax to cover the cost of iss ' g general obligation bonds for a major road improvement project completed in 2017. Bonds were issued in the amount of $2.9 million and will require annual payments of approxi nately $210,000 annually over 20 years. Hotel/Motel taxes are budgeted at $500,000 which is lower than the 2017 actual revenues of $520,9C7 and through July, collections exceed prior year by $43,483, Although the increase could be a matter of the timing of bed tax payments, Seward has seen a significant increase in the number of nightly lodging and beds-and-breakfasts, so it is very likely that the increased revenue3 are persistent and will result in a budget surplus in this line item at year-end. The commu&y development department has also identified, through a third-party independent researcl. firm, that there are a large number of unlicensed operators. Staff will be working with the co ractor to follow-up to ensure compliance and to bill operators who have failed to properl report and/or pay bed taxes. July Financials as of 9/18/18 2 104 GENERAL FUND Analysis of Expenditures The Gei Leral Fund expenditure are $6.3 million at the end of July, representing 54% of the annual budget, with 58% of the year having expired. Salary and benefit costs are at 54% of the annual budget, representing a positive year-to-date budget variance of $360,604. The General Fund does appear able to meet its personnel vacancy factor of$150,000 savings, which was budgeted for the f irst time in 2018. General Fund overtime was reduced significantly in the budget, to $20,000, as a means to balance the budget, but fully recognizing that when departments required overtime, they would have to find budget savings in other line items. Comparing the Salaries (line 6000) line item to the Ov rtime (line 6001) demonstrates that due to the challenges associated with filling positions, a number of departments have experienced inadequate staffing levels. This is evidenced by a cost savings of$358,663 in Salaries, offset by the use of$146,101 in overtime through July. Overtime in the General Fund breaks by department, as follows: OVERTIME BY DEPARTMENT Boards&Commissions 29 City Clerk 15 City Manager 234 MIS 502 Finance 4,658 Police 48,407 Jail 45,773 Animal Control 588 Roads&Streets 8,422 Snow&Ice 15,315 City Shop 371 Municipal Buildings 29 Parks Maintenance 2,746 Campgrounds 10,682 Cemetery 307 Sports&Recreation 2,717 TYC 2,060 Teen Rec Room 3,211 Ubrary 36 $ 146,101 Throu July, the bulk of the City's General Fund insurance has been paid for the year, so we do not anti-,ipate exceeding budget in this line item for the full year. Legal fees through July have exceeded the annual budget by $91,334 but we do not anticipate requesting an additional approp ation for legal fees unless we are unable to absorb the added costs within the remainder of the badget. Utility costs appear to be under-budget, but high refuse fees in the summer will offset tf e current savings. Departments are working hard to forego expenditures in order to meet current udget challenges. July Fir ancials as of 9/18/18 3 105 ENTERPRISE FUND Highlights For all enterprise funds, depreciation expense and amortization revenue (the process of matching grant revenues over the life of the assets they have funded) for the entire year have yet to be allocated. Those allocations are expected to be in place in time for the August financial stateme ts. Harbor EnteKprise Fund Due to staffing shortages, July's Harbor Revenues have yet to be posted to the financial stateme ts, but Harbor revenues are on target to meet projections. Moorage revenues are generally recorded early in the year for those customers who pay for annual moorage, and those revenues appear on track to exceed budget for the year. Launch fees are primarily recorded in July and August, explaining the low level of revenue through July. Harbor rxpenses through July appear lower (28% reported) than they actually are, due primarily to the C elay in recording depreciation expense. Compared to the year-to-date budget through July however, the Harbor exceeds budget only in terms of credit card fees which the City pays as a cost of allowing customers to use credit cards, insurance, and the costs of power for resale. The costs of power increase when customer consumption increases, but those costs are expected to be recovered through direct charges to customers. SMIC I me rise Fund The Se and Marine Industrial Center Fund is exceeding budget projects for land lease revenues, primarily as a result of new leases being negotiated due to growing interest in business expansion at the p rt. The new washdown pad revenues were budgeted conservatively, reflecting the first year of operations where utilization levels were largely unknown. Those fees appear to be on target to exceed budget estimates. Boat lift fees are at 87% through July 31, with staff reporting a signif cant increase in demand for the boat lift and travelift on both sides of Resurrection Bay. Depreciation has yet to be booked in this Fund. Salary and benefit costs are exceeding budget projecti ns through July (at 79% of annual budget) due primarily to the increased activity resulting from the new basin, expansion of the travelift pit, and new washdown pad. The salary costs of the personnel at SMIC are allocated based on the Harbor staffs pro-rated effort between the hart or and SMIC. All oft lese budgetary signs show promise for the growing economic activity at SMIC which is expecte J to result in positive financial performance for the SMIC Fund which has historically been a c rag on the City's finances. Parkin2 Enterprise The Parking operation is on target to meet budget expectations, although the bulk of revenues for the summer come in during the month of August, as salmon derby and the associated harbor activity reach their peak. Employee and slip holder passes are higher through July primary due to individuals making those purchases earlier in the season. Revenues generated by the Parking Fund are used entirely to cover the cost of maintaining the parking lots, repavin sealing/striping, and funding parking management and operations. July Fir ancials as of 9/18/18 4 106 Electric EnteKprise The El ctric Enterprise Fund is exceeding budget targets in most line items, with 58% of the fiscal y ar having been complete. On the whole, the revenue budget is at 54%. A large part of the surl lus is due to the City's under-estimating of fuel costs which are directly passed through from C iugach Electric Association. In other words, these revenues will be directly offset with increas d costs of power on the expense side of the budget. The SMIC power consumption revenu s have already exceeded 100% of the annual budgeted revenues for SMIC power, based largely n increased economic activity on the East side of Resurrection Bay. The Electric budget is at 43% of expenditures through July, but this figure will increase when depreciation is recorded. Salary and benefit costs through July are at 49%; overtime is at 79% through July. Water me rise The Water Fund revenues are at 47% through July (compared to 54% of the year having expired), with most categories of revenues exceeding budget. In some cases, revenues have increased largely as a result of correcting previous historical billing errors (i.e. hydrant rentals are at %). The bulk of the City's water charges are generated in the summer months when some o our largest consumers of water (Icicle Seafoods, Alaska Sealife Center, Resurrection Bay Se foods) ramp up summer operations. The Water Fund appears on target to reach its revenue budget. Water Fund expenditures are at 43% through July, although depreciation expense through July has yet to be recorded in the approximate amount of$227,000. The Fund's insurance line item has exceeded 145% of the annual budget of $10,800 due to the timing of onboarding new infras cture (water storage tank) for insurance purposes. The personnel budget is at 54% through July; overtime is at 148% of the annual budget. Sewer me rise The Selver Fund revenues are at 43% through July but that is largely a reflection of the delayed timing of recording amortization of contributed capital. The revenues for residential and small/lerge general service sales and miscellaneous service fees, representing the bulk of the Fund's primary revenue stream, is on target to meet or exceed budget projections. On the expense side of the ledger, the Wastewater Fund is at 28% of the budget due largely to the dela y in recording depreciation expense. Salary and benefit costs are at 51%through July, on target to meet budget. 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WO W. . OOCD OW WU) NOA�I �I O OW(O(OJOU)U)m (D 7 (D O OW OO�OCD CD W0N)W Cn 0Cn W J ONAO(D 00 V W J O(OCnO V V NW W G V O W O O N 0 0 0 w O W W(O O W J W W O O N U)CO J O V J N U) W O(D W V(D W J-�W O 125 Cash Balances by Fund (Central Treasury Report) July 31, 2018 Cash balance at 7/31/18 General Fu id 00001 1099 01000 Due To/From Other Funds 6,116,451 Teen Coun it Agency Fund 00001 1099 02000 Due To/From Other Funds 37,695 Motor Poo 00001 1099 03000 Due To/From Other Funds 2,282,674 Compensa ed Absences 00001 1099 03100 Due To/From Other Funds 407,017 Harbor 00001 1099 11000 Due To/From Other Funds 1,023,999 Harbor MR F 00001 1099 11001 Due To/From Other Funds 333,993 Harbor CP Fund 00001 1099 111?? Due To/From Other Funds 1,291,808 Harbor Launch Ramp 00001 1099 11420 Due To/From Other Funds 400,350 SMIC 00001 1099 12000 Due To/From Other Funds (391,578) SMIC Expaiision 00001 1099 12333 Due To/From Other Funds (383,804) Parking 00001 1099 13000 Due To/From Other Funds 1,039,632 Electric 00001 1099 15000 Due To/From Other Funds 10,205,503 Electric MF RF 00001 1099 15001 Due To/From Other Funds 957,302 Electric T-L ne 00001 1099 15310 Due To/From Other Funds 566,136 Water 00001 1099 17000 Due To/From Other Funds 1,523,509 Water M RF F 00001 1099 17001 Due To/From Other Funds 852,572 Water Tans Fund 00001 1099 1733? Due To/From Other Funds 225,507 WastewatE r 00001 1099 18000 Due To/From Other Funds 2,080,289 WastewatE r MRRF 00001 1099 18001 Due To/From Other Funds 742,025 Hospital Fund 00001 1099 19100 Due To/From Other Funds (3,637,939) Hospital Expansion 00001 1099 19102 Due To/From Other Funds 424,278 Mountain Haven LTC Fund 00001 1099 19200 Due To/From Other Funds (697,986) Parks Fund 00001 1099 30000 Due To/From Other Funds 2,498 CHC City F nd 00001 1099 30040 Due To/From Other Funds 19,113 CHC HRSA ederal Grant Fu 00001 1099 30041 Due To/From Other Funds (5,031) Shuttle Bu Fund 00001 1099 30051 Due To/From Other Funds 27,421 Communit Development G 00001 1099 30061 Due To/From Other Funds - Litter Patr I Fund 00001 1099 30103 Due To/From Other Funds (2,403) Litter Patr I Fund 00001 1099 30113 Due To/From Other Funds 693 FEMA 201 Flood 00001 1099 70024 Due To/From Other Funds - FEMA 201 Flood 00001 1099 7003? Due To/From Other Funds (15,133) Capital Ac uisitionF and 00001 1099 80010 Due To/From Other Funds 1,710,521 Streets &Sidewalks Fund 00001 1099 80020 Due To/From Other Funds 761,492 Kawabe Pak Fund 00001 1099 80030 Due To/From Other Funds 5,929 Flood Mitigation Fund 00001 1099 80115 Due To/From Other Funds 250,000 28,154,529 126 k � J C+1 7 a Y a a T o r A ^a ° 8 E`p d " Q -n 1yy ►rf 9^m mEL oo SR � _3sE c� 8�ffi � ^�Sc� cQ n 6 a51 srA 52 a� 1 G p + 1 + 1 n + m a pr= r. se `-`�. a va nr o� -e2ms �i- a 5c $ a =� AEA - E$ wa - 9 g N aa O y �+ 127 Qo< �Q� v 01 i ran a �I C~m a) ^ f6 M Lo m O O O O v 0 LO 0 Or N W � O 00 N O V h N m f� N O L 00 c E N } W to Lo � N ao N O O r y Ln a U L Or O] M r M M cm M M On1 a rCo W f� OI r O L N r mi Oc m a` m co O y O N O O C11 t�7 N O N Q Cl) h M O h to M N 00 Mcl, M Co M a) Il- 00 O O W 00 r 00 O r N L6 N t0 V7 E 7 E a .� w d cn c w — Q rL N C a) Q to Z Z f6 C = m J w Ilic N N J C d @ m W N = E > 0 c p = Q a) U O a) a) — O _ a.J U o U w a a m 0) mJ myy Z C J 2 p d w N ❑ L i L 0 , Ow E o � U o to a) o Q J Q Q p d 0 J H Z D H !- (n W 00) V N L c W M M 0 0 co 1-- t0 w O ai U u a> r t6 v m r R "t O O to �' a M co O t0 r .5 Z U O d Ln O ON Cl)O O O N m n O N N N O W a E N >- cr N Q) I� L6 O (0 ter r O v tr) r LO N � ei t0 t0 1� O. m 0 a. v V a N N M N N N to O V M r 7 G.' a 0 r T co Ln OOi O O ' O O T O O N N N a C1 07 00 CO N co Co n M M to M r r t0 N U Q O - O O V N M M M t0 00 h tD w M to O W 00 N N N N r N N t0 N � C 7 O rn 6 U a) WIn r Q a d y Z N O U w 0 O O N U c m n J c 0 aci j L U O p d J H N - E Q O rn N •N h Q U S to [If m a) y Z' N Q N O W O w Q Q W y U C O N D J y cd w O C E N J N s m to .>_ c Q o O d ca C o - 3 � .> T c o ° L c m o a N `0 0 U t� 0 2 0 c E 3 s tea/ d a Q y Q N a) Q U Q N N 7 U 7.i >, C F— a)Ow 0 rn N '0 (n a)fn H ) ON C t O fJ Q ` paQ ¢ Li n_ aQ O 1- 128 f Q m m T r O.r m U)q�' 0. 0, a a 0 om` 0 o a' a v c (j C "C N o a QO N o 0 o e o N o p e o o t0 lti N o e o O1 o pp M e Z W a t0 W v W r r M W Ln r N O _ N W W W Ni M iO W W m W A W v N t.0 v N v fV N OND m v a s a r v v r N ` N r ry r r W n m O M m m n A M O m M to W W tO N N W N O n _� W W O r m co O n W W O n W N n W W A v W M m n O W {{yy {ty+t aa Ot } v O N N W r N N N W N 1� r Ot n M r N m W O v v Y M W N7 t0 M pp C) tV ON, W N n to O a W W a M n N M N N W co O N m O N Y W n m m O n M W N r O A A M m O d t0 m M m A N n M v CO ? 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