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08082022 City Council Meeting Packet
Seward City Council Agenda Packet Monday, August 8, 2022 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting August 8, 2022 7:00 p.m. Council Chambers Christy Terry Mayor Term Expires 2022 Sue McClure Vice Mayor Term Expires 2023 John Osenga Council Member Term Expires 2024 Liz DeMoss Council Member Term Expires 2023 Ristine Casagranda Council Member Term Expires 2022 Mike Calhoon Council Member Term Expires 2024 Randy Wells Council Member Term Expires 2022 Janette Bower City Manager Brenda Ballou City Clerk Brooks Chandler City Attorney 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Remembering John Gage In Memoriam ............... Pg. 3 2. Recognizing Gary Seese for his service on the Planning & Zoning Commission 3. Recognizing Cheryl Seese for her service on the Historic Preservation Commission B. City Manager Report .......................................... Pg. 4 C. City Attorney Report ......................................... Pg. 47 D. Borough Assembly Report E. Other Reports and Announcements — None F. Presentations — None City of Seward, Alaska Council Agenda August 8, 2022 Page I 7. PUBLIC HEARINGS — None 8. UNFINISHED BUSINESS — None 9. NEW BUSINESS A. Ordinances for Introduction * 1. Ordinance 2022-010, Amending Seward City Code Title 1 —General Provisions. 49 *2. Ordinance 2022-011, Amending Seward City Code Chapter 2.10 City Council To Integrate The Rules From The City Council Rules Of Procedures And To Provide For Clarifying Amendments................................................................. Pg. 62 B. Resolutions * 1. Resolution 2022-085, Accepting And Appropriating Funds From The Rasmussen Foundation Grant, In The Amount Of $7,000 For The Microfilm Scanner For The Seward Community Library & Museum .............................................. Pg. 195 2. Resolution 2022-086, Authorizing The City Manager To Purchase A 2022 Chevrolet Silverado, 2500 Regular Cab From Anchorage Chevrolet To Replace An Electric Operations Supervisor's Truck Using The State Of Alaska Procurement Process For Competitive Bidding In The Amount Not To Exceed $48,479, And Appropriating Funds...................................................................................... Pg. 205 3. Resolution 2022-087, Submitting The Question Of Selling The City Of Seward Electric Utility To The Qualified City Of Seward Voters At A Special Election In And For The City Of Seward On May 2, 2023...................................... Pg. 214 4. Resolution 2022-088, Amending The 2022 City Of Seward Budget To Appropriate Funds In The Amount Of $25,000 To Influence The Outcome Of Election Concerning The Ballot Proposition Submitting The Question Of Selling The City Of Seward Electric Utility To The Qualified City Of Seward Voters At A Special Election In And For The City Of Seward On May 2, 2023........................ Pg. 219 C. Other New Business Items * 1. Approval of the July 25, 2022 City Council Special Meeting Minutes........... Pg. 223 *2. Approval of the July 25, 2022 City Council Regular Meeting Minutes.......... Pg. 226 *3. Action Memorandum 2022-006, Authorizing the City Manager to Purchase 140 Fire Rings And 70 Picnic Tables for The Municipal Campgrounds in the Amount of $85,965.................................................................................... Pg. 231 10. INFORMATIONAL ITEMS AND REPORTS — None It. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska Council Agenda August 8, 2022 Page 2 2 54V Dxem04-.14MM John Gage W42-1, -1953 -,,9ffr# -17,20,22 WHEREAS, the Seward City Council joins the city staff and all members of the community in remembering John Gage; and WHEREAS, John was a kind and beloved resident of Seward whose passing will be deeply felt throughout the community for many years to come; and WHEREAS, John was dedicated to serving our community, having worked for 15 years for the city, first in the Harbor and then as Fire Chief, before moving to Metco where he spent 22 years as a heavy equipment operator; and WHEREAS, in the words of Metco Alaska co-owner Cole Petersen, "John was as hard a worker as they come, sometimes working 16 to 18 hours to get the job done. He spent many hours behind the sticks of our large dozers and excavators defending city and borough roads, bridges, and other infrastructure."; and WHEREAS, throughout his life and career, John touched the lives of countless people in the community, and raised a wonderful family in Seward with his wife, Marie; and WHEREAS, John will be remembered for his love and dedication to our community and the citizens who live here. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, ask you to join me in recognizing the contributions made by John Gage, and in expressing our deepest condolences to the Gage Family. Dated this 8`h day ofAugust, 2022. Christy Terry, Mayor 3 City of Seward City Manager's Report August 8, 2022 Mayor Terry and Council Members, We received notice from Sebastian O'Kelly, our federal lobbyist, that the Senate Appropriations Committee has rolled out their Fiscal Year 2023 appropriations bills. The Interior Bill includes $2,000,000 in the EPA State Tribal Assistance Grant for the Sludge Removal for the Lowell Point and SMIC Sewage Treatment Lagoons Project. This project is one of the City of Seward 2022 Legislative Priorities. The bill has a way to go to enactment and both myself and Sebastian will support it throughout the process. The Coast Guard housing officials were in Seward on Wednesday, July 27. The officials gathered information about the housing market and land opportunities. It was a preliminary meeting and the information gathered, will be sent to their supervisors. As a matter of process, the officials stated if land is purchased, a solicitation would be issued for contractors to bid on the housing project. I feel it is important to thank Senator Sullivan for his hard work on behalf of the Coast Guard and their presence in Seward. At one point, the designated funding for Seward was in danger of being re -designated to another location. Senator Sullivan stepped in and the funding continues to be designated for Seward. Sebastian and I are working together to provide all requested information and any other support we can provide to make these projects a reality. Sebastian also notified me of this news: from MARAD's FY 2022 grant awards from its Small Shipyard grant program -- Catalyst Marine Engineering of Seward, Alaska, will receive $418,903 to support the purchase of two welding units and one propulsion unit. These units are designed to be comprehensive, mobile shipyard repair and service platforms that support a variety of services at one time, in multiple locations. This flexibility will allow crews to be dispatched to different ports at the same time and allow for expanded revenue and an increase in employee base and training. City of Seward Personnel Transactions Prepared by Tammy Nickell, City of Seward Human Resources Manager Separations: Department: Date of Separation Executive Assistant Admin Administration 08/12/2022 New Hires: Department: Date of Hire: Available Full Time Positions: Department: Position Status: Finance Director Finance Advertising Since 10/05/2021 Acct Tech II Finance Advertising Since 03/24/2022 Acct Tech III Finance Advertising Since 03/24/2022 Acct Tech Utility Finance Advertising Since 04/14/2022 Patrol Officer Police Advertising Since 04/20/2022 Police Dispatcher Police Advertising Since 06/28/2022 Corrections Officer Police Advertising Since 07/07/2022 Executive Assistant Admin Administration Advertising Since 07/25/2022 Available Seasonal Positions: Department: Position Status: Park Maintenance Worker SPRD Advertising Since 03/03/2022 Recreational Program Aide SPRD Advertising Since 07/20/2022 As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting: none. Thank you, j*r City of Seward Department Activity Reports Assistant City Manager Stephen Sowell ➢ Parks and Recreation staff and the Assistant City Manager met with Victus Advisors on Friday July 8t" to discuss the Recreation Center Feasibility Study. A copy of the draft report is included in the CMR as well. Please note that the information presented is a draft copy and as such, the results and information are not finalized. Victus continues their work on the project and plans to present the final report on September 28t". Victus has moved into the next phase of their project, which is to determine viable locations for a multi -use facility ➢ Work continues on the SMIC Bench Residential Development Project Feasibility Study. R&M Engineering is finalizing the Phase 1 Feasibility Study and plans to present the results of this initial phase of the project to City Council and the public on September 26t". The draft report will be included in the CMR for the next City Council meeting. ➢ City Administration has attended some of the Heat Loop Ad Hoc Committee meetings and we continue to support that group's efforts to identify funding mechanisms for the Heat Loop Project. Administration has coordinated with our Grant Writer from R&M Engineering to also participate in Ad Hoc Committee meetings and assist with evaluation of grant opportunities. We have setup a task order for our grant writer to allocate 40 hours to future applications when the Ad Hoc Committee identifies a viable grant opportunity. ➢ The Assistant City Manager and Community Development Director attended the Anchorage Economic Development Corporation's 2022 3-Year Outlook meeting on August 3rd in Anchorage. This was a great opportunity to learn more about economic development in Southcentral Alaska. n 0U) m ..J C� W z Z w ZU Z LL LL ® N N m0 Z LL a. 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We discussed STR regulation for the first half and have enough info to come back to P&Z with language for a resolution. Contrary to what was written in the newspaper, it was actually a really good discussion and not contentious. We had some good discussion on the Muni Land Plan as well and will continue to discuss at our work session on August 16t" ➢ Jesse Lee Home Property Update: Final Report from KCI on remaining soils with ADEC work plan. Waiting on Coldfoot for Estimate. ➢ Met with USCG representatives on July 27t" in regards to future housing needs for the FRC. We had really good conversations about the nearer needs as well as possibilities for future expansion with the Ice Breaker discussions taking place. ➢ Met with Chugach Regional Resources Commission and Alutiiq Pride Marine Institute on July 27t" about future plans and needs in regards to their current facility. ➢ Continuing work on housing development pieces — Forest Acres Utility Expansion, SMIC Bench, Public Works possible locations. Outside of City Limits: On going Borough conversations, working on contact with USFS for available residential lots outside of city limits. ➢ Working with attorney on a compliance issues: STR, property use violations, etc. ➢ Developing 2023 preliminary budget ➢ Working on Title 15 Change Recommendations to start bringing forward to P&Z in the fall. We will look at bringing these items through in smaller chunks in priority order for a complete update of Title 15 eventually. ➢ Revising Title 16 / Subdivision Agreement for Developers with the Fire Department, Public Works, and Utility Dept. in preparation for upcoming housing developments ➢ DRP Coordination — in progress and upcoming applications ➢ Continuing GIS work for Community Development, Fire, Building, Public Works, Utility, and Parks and Rec. ➢ Regular work on Cemetery Reservations ➢ We are continuing with our normal business of processing of records requests, short term rental permits, replats, rezones, Cups, and consulting regularly with community Kit members that have questions about the development and use of their land and helping with applications. Kul Electric System Director Rob Montgomery ➢ Assessing Selling the Electric Utility — Have begun vetting firms to select one for completing a valuation of electric utility assets. Also working with the City Manager on other materials, including a Resolution that will come before Council on August 8 seeking approval on a Special Election date. ➢ Infrastructure Project Update — AK Tree Service has completed right-of-way clearing on Nash Road. This will allow construction contractor, Sturgeon Electric, to begin work immediately in the spring once weather allows. Weekly calls are being held with the project engineer (Dryden & LaRue) to ensure coordination on all materials orders and related tasks. ➢ Bradley Lake Project Management Committee (BPMC) and Railbelt Utilities Managers (RUM) Meetings — Traveled to Anchorage to participate with the other Railbelt utilities in the BPMC and RUM monthly meetings. The utilities continue to work on the "One Railbelt" effort to attain federal funding for major transmission system upgrades for the Railbelt. As part of this effort, a smaller committee I also serve on, the Utility Committee on Energy Infrastructure Policy, has conducted Teams meetings to select a lobbying firm to assist with securing federal funds. Three firms were interviewed and a selection was recommended to the BPMC at its July 29 meeting. ➢ Job Orders — Electric System crews have completed 16 job orders YTD, with another four in the queue ready to proceed. Another 20 jobs are in the queue that crews cannot begin until the customers complete work on their side of the meter. ➢ Brush Clearing and Mowing — Over the past several weeks, plant operators have used the large excavator to complete small tree/brush clearing and mowing underneath transmission and distribution rights of way around the Fort Raymond Plant and adjacent to the Seward Highway near Sea Lion, Hemlock and Dieckgraeff roads. Small tree/brush clearing and mowing have also been completed near the Nash Road quarry to prepare for a service extension into the quarry for security lighting. ➢ 2023-2024 Budget Planning — Worked with department employees and the Finance Department to complete the first draft of the Electric System budget for the next two years. Will continue to work on the budget to meet the City's timeline. 38 CMR Finance Department Mission Statement: To Provide the highest level of services responsive to our community `s expectations and to enhance the quality of life and economic vitality. Utility Department: Valuable Objectives: Sully Jusino Deputy Finance Director Integrity, accountability and respect we built trust with all stakeholders through responsible stewardship of public resources. Carmen Jackson Firm and Finance department are working with the initial work -plan findings: • Reviewing 1,800 approx. residential accounts. • Separation of duties in the department and updating the Utility Desk Manual. • Utility oversight -month end process. • Getting ready to have Harris system updated. Carmen Jackson Firm: - Carmen Jackson LLC firm continued assisting the Finance Department in account reconciliation, journal entry review, and analyzing work flows. - Conversations and preparation for the FY23_24 Budget are initiated, Carmen Jackson team will assist finance staff on the site on the second week of August. Annual Audit: - Altman, Rogers & Co. is working on finalizing our annual audit, waiting on get the final numbers from Providence Financials and preparing to present to council at the third week on August. K1] IV Fire & Building Department Fire Chief Clinton Crites We NEED volunteers, if you or someone you know is interested in serving your community, please give us a call at 224-3445 or stop by at one of our trainings on Wednesday evenings at 7:00pm. 3 Statistical Information: Fire & Life Safety Inspections 2022 YTD: 285 with 239 violations noted. Emergency Calls YTD: 215 New Building Permits Issued 2022: 36 with a total valuation of $7,721,457.55 • Six city department heads attended a KPB/OEM sponsored Seward Tsunami incident tabletop exercise on 7/28/22 and came away with lots of new ideas, plans, suggestions, and improvements to our Tsunami education and response procedures. • Budget Preparation on going Give your child lots b Vitamin C to build up their immune system. SAFETY Tipb Teach your child about SC�OO4 bullying & what to do if they see a problem. Tour the school with ••••� your child and meet the new teacher, Wear a helmet when riding a bike. Use a crosswalk r and obey crossing guards. v Use main streets & travel in groups when walking to school. 40 Make sure your child knows what to do if they are approached by a stranger. Make sure your child knows their address and phone number including the code to the home security system. A Pr Help organize your child's backpack, make sure it's not more than 20% of his or L her weight. d Kids are about to head back to school, slow down and watch for students walking and biking to school. Watch for stopped school bus, and be careful in kid drop off zones. K to H eat. & Sof e�y c44e U4t Get kids up to date on recommended vaccines Help kids make healthy food choices Whether walking or riding the bus, talk about getting to school safely M Make sure your kid gets a full night's sleep Help kids stay active and ready to learn Review school physical requirements for your state Help your kid pick a team or club to join T R I C A R E3 to Harbor Harbormaster Norm Regis ➢ The 330-ton Travelift has slowed down this week we are currently do some long- awaited maintenance. ➢ We are changing the gear and hoist oil this week. ➢ We are working on the SMIC yard drainage to keep water flowing into the ditches. ➢ The water is on at all locations in the harbor. ➢ We have opened G, K and L-float still waiting on the pedestals, no water is available but we did set up a location between K and J float for the vessels to clean or get fresh water. STILL WAITING ON THE PEDESTALS. ➢ We are still working with the public with COVID protocol in mind while continuing to do boat lifts and public contact in the Seward Harbor office. ➢ A continuous cleanup is still in process on the last lot at SMIC, this cleanup is starting to take shape, just a few more items to deal with and we can lease out the property again. ➢ The harbor office is currently open seven days a week. ➢ The North East harbor launch ramp water line is complete just a few punch list items for the contractor to work on. ➢ We have applied for a federal grant from the PIDP for the washdown pad. (STILL WAITING) ➢ We are continuing to work with Moffatt & Nicole on the design for the 5-ton crane on I -Dock. ➢ We are starting to prepare for the 2022 Salmon Derby, it will be from August 13 to August 215t Elm Seward Parks & Recreation City Manager Report July 29, 2022 Director: • Wrapping up initial 1-on-1 meetings with staff and department heads. • Ongoing training with daily operations and familiarization with standing contracts and partnerships. • Prioritizing safety mitigation: o adding safety training topics to weekly staff meetings. o familiarization with the City's Emergency Operations Plan. o review of P&R's Shelter Operation's procedures. • Recreation Feasibility Study draft survey results loaded to P&R webpage. Parks & Gardens: • Ongoing repairs, weeding and supplemental planting in gardens and park areas. • Priority being placed in higher traffic and memorial areas. 43 Campgrounds: • Preparing for increased campground use with reduced staff during upcoming Salmon Derby. • Catching up outstanding maintenance issues. YTD Camasuot Bookinas as of 07/29/22 Period Site Nights Completed Bookings 23,309 Advance Bookings 5,546 Total: 28,855 YTD Campground Revenue (through June 2022) $600,000.00 $500,000.00 campground Revenue $400,000.00 $300,000.00 ■ 2018 ■ 2019 ■ 2020 $200,000.00 ■ 2021 ■ 202.2 $100,000,00 Period 44 Snorts & Recreation AVTEC Gym will be closed to the public beginning July 1st until after Labor Day. Program Name Date Total Community Tie Dye Event July 15 35 Youth Soccer League July — August 120 youth Upcoming Programs • Chalk the Walk, Tuesday August 2. Branson Pavilion 11-2pm • Bubbles at the Pavilion, Tuesday August 9 with Seward Library: Branson Pavilion 11-2pm. • Back to School Community Bon Fire, Saturday, August 13 First Lake Pavilion 4-7pm. Hot dogs and marshmallows provided. All are welcome! Bring a blanket or chairs. • Spike Ball Meet up, August 4, 11, 18 Wellington Picnic area 6-8pm —Event Highlight, Community Tie Dye Event, Friday July 15 'Twas a rainy day in Seward, but the community showed up and Tie Dyed anyways. It was great to see the Boys & Girls club come out and enjoy the day as well. We had about 35 participants. *Seward Community Program Coordinator Mary Jo Osman helping the community with their tie dye. *Community Members Tie Dying their items with everything all set up! eR Public Works Department Doug Schoessler ➢ Public Works Director -The contractors for the US Army Corp of Engineers completed the seismic work and will now move into the geotechnical drilling work at both ends of the new tunnel. There is a possibility of some intermittent road closures by the outfall (waterfall). This part of the field work is gathering data from soil borings to complete the final design information. -The City's Source Water Protection Area near the drinking water wells at the ball fields have been surveyed and marked out. Signage to follow. -Attended the Tsunami Incident Command training in Soldotna sponsored by the KPB Office of Emergency Management. ➢ Streets Department -Yearly street and sign maintenance efforts are underway for the summer. -We are working on street repairs and maintenance and that will continue and even increase if we finally get rain storms. -Storm drain cleanouts and drainage improvements are being completed each weekend. -Mowing activities at facilities and in right-of-ways will continue through the summer. ➢ Water & Wastewater Department -Multiple locates for water and sewer lines continue as residents and contractors work through their projects around the city. -Monthly testing of water and wastewater systems is being done and submitted to DEC as required by the permits. -All water and wastewater facilities require mowing and upkeep. This is just another task to be completed by the department operators. ➢ City Shop -Annual leave is being covered from each department at Public Works. Preventive Maintenance work on vehicles and equipment is being performed weekly. Repairs are fewer and are being done as necessary. e11 CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP Attorneys At Law Suite 302 911 West Eighth Avenue Anchorage, Alaska 99501 Telephone: (907) 272-8401 Facsimile: (907) 274-3698 bcf@bcfaklaw.com August 2, 2022 Seward City Council City of Seward PO Box 167 Seward, AK 99664 Re: Status Report Dear City Council: This is our status report covering activity on legal matters worked on during July. General Matters: We continued work on establishing leases with various media companies for use of city property for transmission equipment. We reviewed and advised on an application for reimbursement of development costs. We advised on current federal drug testing rules. We reviewed an ordinance amending Chapter 2.10 and a recodification of Title 1. We reviewed proposed changes to the document retention schedule. Electric Utility: We advised on several legal issues related to placing a ballot proposition on sale of the utility in front of city voters, participated in a council work session and reviewed resolutions for a ballot question and appropriating funds for voter outreach. Personnel: We advised on a potential disciplinary action and an employee grievance. We advised on a release for records from a former employee. 47 Planning: We advised on an encroachment issue. We advised on a proposed rezoning. We advised on a code enforcement matter regarding an unpermitted campground. Port: We responded to concerns of a vessel owner regarding policies for use of the boat lift. You can expect to receive our next status report by September 7. Very truly yours, CHANDLER, FALCONER, MUNSON & CACCIOLA, LLP /s/_Sam Severin Sam Severin 48 Ordinance 2022-010 Documents: • Agenda Statement • Ordinance 2022-010 «l City Council Agenda Statement Meeting Date: August 8, 2022 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Ordinance 2022-010: Amending Seward City Code Title 1 — General Provisions Background and Justification: The purpose of this ordinance is to amend Seward City Code Title 1— General Provisions as part of the city's recodification effort. Key: Many of the changes recommended in this ordinance are either formatting/grammatical or are self- evident from the reading; all have been identified in the table below. Items marked with an asterisk (*) represent a more significant change. The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City Manager, Clerk=City Clerk) Code Citation Source Amendment 1.01.010 Atty, Clerk Adding a provision to recognize "SCC" as the acronym for Seward City Code Atty, Clerk Adding a definition for "AS" to recognize references to Alaska Statute Atty, Clerk Cleaning up the definition of "City" Atty, Clerk Adding a definition for "Delegation of authority" 1.01.015 Atty Removing the definition for "In the city" because it is not a phrase used in the code Atty, Clerk Adding a definition for "Must" Atty, Clerk In the definition for "Officers...", adding a reference to SCC 2.35.010 to ensure the most comprehensive and inclusive definition of "employee" Atty, Clerk Cleaning up the definition of "State" 1.01.035 Atty Adding language to clarify the interpretation of Catchlines 1.01.040 Mgr To improve readability 1.01.045 Mgr Formatting and to improve readability 1.01.050 Mgr Formatting and to improve readability 1.01.052 Mgr Assigning responsibility for an action 1.01.055 * Atty Deleting an entire section as obsolete Atty Changing the fine from $300 to $1,000; in keeping with AS 29.25.070 a * Atty, Clerk Adding a provision to include attorne 's fees and costs incurred by the city 1.05.010 Atty Adding a provision to compound offenses daily Atty Adding a provision for a comparable state crime 1.10.010 * Atty Creating an entirely new section for Minor Offenses (including definitions, procedure, disposition) and establishing a Fine Schedule 6111 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Finance Signature: N/A Attorney Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Ordinance Other: 61 Sponsored by: City Clerk Introduction: August 8, 2022 Public Hearing: August 22, 2022 Enactment: August 22, 2022 CITY OF SEWARD, ALASKA ORDINANCE 2022-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE TITLE 1 — GENERAL PROVISIONS WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to review, update, and recodify Seward City Code; and WHEREAS, there are 16 Titles contained in Seward City Code; and WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and reasonable to provide the changes in smaller, more manageable portions for consideration; and WHEREAS, to that end, this ordinance is focused specifically on Title 1 — General Provisions, and reflects input from the city attorney, city manager (including from department heads), and city clerk. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 1 — General Provisions is hereby amended as follows: (Deletions = Bold ; Additions = Bold Underlined Italics.) Chapter 1.01. - General Provisions 1.01.010. - How code designated and cited. The ordinances embraced in this and the following titles and sections shall constitute and be designated "The Code of the City of Seward, Alaska," and may be so cited. Such code may also be cited as the "Seward City Code-" and may be abbreviated as "SCC. " (1960 Code, § 1; Ord. 610, 1988) 1.01.015. - Definitions and rules of construction. In the construction of this code and all other ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise: Action. The word "action" includes any matter or proceeding in a court, civil or criminal. AS. The abbreviation "AS" refers to Alaska Statutes as now or hereafter amendeti, City. The words "the city" • " " shall be construed as if followed by the words "of Seward, Alaska." 6% CITY OF SEWARD, ALASKA ORDINANCE 2022-010 Code. The words "the code" or "this code" shall mean the code of the city of Seward, Alaska. Computation of time. The time within which an act is required to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or legal holiday, in which case the last day shall be the next succeeding business day. Council or city council. Whenever the words "council" or "city council" are used, it shall be construed to mean the city council of the city of Seward, Alaska. Day. A day is the period of time between any midnight and the midnight following. Daytime, nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise. Delezation of authority. Whenever a provision appears requiring a city officer or city employee to do an act, it is to be construed to authorize the officer or employee to desi,-pate, delezate and authorize subordinates to perform the required act. Gender. The masculine gender includes the feminine and neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. A the eity. The words "in the eity" or- "in this eity" shall mean and inelude aH territory over whieh the eity now has or shall hereafte Fisdietion for- the exer-eise of its polie-e powers or- other- r-egtdator-y powem-. Joint authority. All words giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. Month. The word "month" shall mean a calendar month. Must. The term "must" is construed as bein,- mandatory. Number. The singular number includes the plural, and the plural includes the singular. Oath. "Oath" includes affirmation or declaration. Officers, officials, offices, employees, departments, boards and commissions. Whenever any officer, official, office, employee, department, board or commission is referred to, including when used in Section 2.35.010, it shall mean an officer, official, office, employee, department, board or commission of the city, unless the context clearly indicates otherwise. Or, and. "Or" may be read "and," and "and" may be read "or," if the sense requires it. Owner. The word "owner" applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land, or vendee in possession under a land sale contract. Person. "Person" includes corporations, companies, associations, firms, partnerships, organizations, business trusts or societies, as well as individuals. Personal property and personalty. "Personal property" and "personalty" include household goods, effects, furniture, chattels, goods, wares, merchandise, gold dust, money on deposit inside or outside the city, boats or vessels owned or registered in the city, capital invested in the city, debts due or to become due from solvent debtors, whether on account, contract, note, mortgage, or otherwise, public stocks, or stocks or shares in incorporated companies, and property of every nature and kind not included in the term real property. Preceding, following. The words "preceding" and "following" mean next before and next after, respectively. 53 CITY OF SEWARD, ALASKA ORDINANCE 2022-010 Process. "Process" includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. Property. The word "property" shall include real and personal property. Real property and land. The words "real property" and "land" shall include land, buildings, structures, improvements and fixtures on land, and all possessory rights and privileges appertaining to it. Registered mail. When the use of "registered mail" is authorized or required, certified mail, with return receipt requested, may be used. Shall, may. "Shall" is mandatory and "may" is permissive. Signature or subscription by mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. State. The words "the state" or- "this -stet shall be construed to mean the State of Alaska. Tenses. The present tense includes the past and future tenses, and the future includes the present. Tract. "Tract" includes land or parcels of land which may be separately assessed. Week. A week consists of seven consecutive days. Writing. Writing includes printing. Year. The word "year" shall mean a calendar year, except where otherwise provided. (1960 Code, § 2; Ord. 612, § 1, 1989) 1.01.020. - Interpretation of code. In the interpretation and application of any provisions of this code, it shall be held to the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the code imposes greater restrictions upon the subject matter than the general provisions imposed by the code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. (1960 Code, § 2) 1.01.025. - Provisions considered as continuations of existing ordinances. The provisions appearing in this code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments. (Ord. 378, 1971) 1.01.030. - Effect of repeal of ordinances. A. The repeal of any prior ordinance of the city by any subsequent ordinance shall not operate to revive the provisions of any ordinance which may have been repealed by such prior ordinance, unless such revival shall be expressly provided for. 54 CITY OF SEWARD, ALASKA ORDINANCE 2022-010 B. Ordinances repealed remain in force for the trial and punishment of all past violations of them, and for the recovery of penalties and forfeitures already incurred, and for the preservation of all rights and remedies existing by them and so far as they apply, to any office, trust, proceeding, right, contract or event already affected by them. (1960 Code, § 4) 1.01.035. - Catchlines of sections. A. The catchlines of the seve--a' sections o this code are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be the title of sW# the sections, nor as any part of the section, nor shall they be so deemed when any of sH# the sections, including the catchlines are amended or reenacted, unless expressly so provided. B. The history or source notes appearing in parentheses after sections in this code are not intended to have any lezal effect, but are merely intended to indicate the source of matter contained in this section. C. Editor's notes and state law references which appear after sections or subsections of this code or which otherwise appear in footnote form are provided for the convenience of the user of this code and have no lezal effect. D. All references to chapters, articles, divisions, subdivisions or sections are to chapters, articles, divisions, subdivisions or sections of this code, unless otherwise specified. (1960 Code, § 3) 1.01.040. - Severability of parts of code. The sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, sueh the unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (1960 Code, § 5) 1.01.045. - Amendments to code; effect of new ordinances; amendatory language. A. (a) Ordinances amending or repealing. 1. All ordinances passed subsequent to this code which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion herein. 2. In the case of repealed titles, chapters, sections and subsections or any part thereof, by subsequent ordinances, su& the repealed portions may be excluded from the code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of sH# the subsequent ordinances until s*# the time that this code and subsequent ordinances numbered or omitted are re -adopted as a new code by the city council. B. (b4Amendments by specific reference. Amendments to any of the provisions of this code shall be made by amending such provisions by specific reference to the section number of this code 6si. CITY OF SEWARD, ALASKA ORDINANCE 2022-010 in the following language: "That section of the code of the city of Seward, Alaska, is hereby amended to read as follows: " The new provisions shall then be set out in full as desired. C. (e) New sections. In the event a new section not her z previously existing in the Code is to-4e added, the following language shall be used: "fit The code of the city of Seward, Alaska, is hereby amended by adding of section, teJae numbered which section reads as follows: " The new section shall then be set out in full as desired. D. WAll sections, subsections, articles, divisions, chapters, titles or provisions desired to be repealed must be specifically repealed by section, subsection, article, division, chapter or title number, as the case may be. (1960 Code, § 6; Ord. 610, 1988) 1.01.050. - Altering code. A. It shall be unlawful for any person in the eity to change or amend by additions or deletions, any part of portion of this code or to insert or delete pages, or portions thereof, or to alter or tamper with the code in any manner whatsoever except by ordinance or resolution or other official act of the city council, which will cause the law of the city to be misrepresented thereby. B. Any person violating this section shall be punished as provided in this code. the -Eke (1960 Code, Sec. 7; Ord. 610, 1988) 1.01.052. - Revising code. A. The city clerk, with advice and assistance of the city attorney, is the revisor of ordinances and shall revise for consolidation into the city code all ordinances of a general and permanent nature. B. The revisor shall edit and revise the ordinances for consolidation without changing the meaning of any ordinance. C. Subject to the general policies which may be promulgated by the council for the preparation and publication of code supplements, the revisor, subject to review by the city attorney, may make the following editorial revisions during the codification process: L (4) Renumber sections, parts of sections, articles, chapters and titles; 2. (-2) Change the wording of catchlines and change or provide new titles for articles, chapters and titles; 3. (--3-) Change capitalization, format, tense for the purpose of uniformity; 4. (4) Substitute the proper designation for the terms, "the preceding section," "this ordinance," and like terms; 5. Strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity; 6. (6) Correct manifest errors which are clerical, typographical, or errors in spelling, grammar, or errors by way of additions or omissions; 7. (-7) Correct manifest errors in references to laws, ordinances or other sections of this code; 6V-11 CITY OF SEWARD, ALASKA ORDINANCE 2022-010 8. (9) Rearrange sections, combine sections, divide long sections into two or more sections, and rearrange the order of sections to conform to a logical arrangement of subject matter as may most generally be followed in the Seward City Code. (Ord. 612, § 2, 1989) 1ini.ncc. Errect9f reselx i9 .. . have the the shall status of an or-dinanee and shn �-aequire status of an or-dinanee ,di 1.01.060. - Publication or posting of administrative rules and regulations. All rules and regulations made by any administrative officer subject to approval by the council under the provisions of this code shall be published either by one publication in a newspaper of general circulation in the city or by posting a copy thereof for ten days following their approval by the city council on the city bulletin board in the lobby of city hall. (1960 Code, § 12) Chapter 1.05. - Violations and Penalties 1.05.010. - General penalty; continuing violations. A. (t) Punishable by fine. Whenever in this code or any other ordinance or resolution, any rule, regulation or order duly promulgated by any officer or agency of the city., any act is prohibited or is declared to be unlawful or an offense or a misdemeanor, or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of such code or any other ordinance or resolution or such rule, regulation or order shall be punished by a fine not exceeding $300.90. $1.000.00. B. (b} Civil action penalties. 1. The city or an aggrieved person may institute a civil action against a person who violates a provision of this code or any other ordinance or resolution, or any rule, regulation or order duly promulgated by any officer or agency of the city. In addition to injunctive and compensatory relief, a civil penalty not to exceed $1,000.00 may be imposed for each violation along with all reasonable attorney's fees and costs incurred by the City to the fullest extent allowed by law. 2. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation, the superior court shall grant the injunction. 57 CITY OF SEWARD, ALASKA ORDINANCE 2022-010 C. (e) Constitution of separate offense. Except where otherwise provided, each act of violation and every day or part of a day any violation of this code or any other ordinance or resolution or rule, regulation or order shall continue shall constitute a separate offense. D. (d) Application of penalty. The penalties provided by this section shall, unless another penalty is expressly provided, apply to the amendments of any section of this code, whether or not such penalties are reenacted in the amendatory ordinance. E. (e) Comparable state crime. If there is a comparable state crime under AS 11 or AS 28 for any act or failure to act that is a violation of a provision of this code, the penalty prescribed in this code shall be applied so as not to impose a greater punishment than that imposed for a violation of the state crime. (1960 Code, § 8; Ord. 378; Ord. 94-32) 1.05.015. - Aiding or abetting violations. The prohibition of any act in this code or any other ordinance, and in any rule or regulation adopted hereunder, shall include the causing, securing, aiding or abetting of another person to do such act. (1960 Code, § 11) 1.05.020. - Violations of state law. No person shall violate any law of the state, nor any rule or regulation adopted by any duly authorized agency of the state; and no enumeration of particular laws, rules or regulations in ordinances or resolutions of the city shall be held to be exclusive. (1960 Code, § 10) Chapter 1.10 - Minor Offenses 1.10.010 - Definitions. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaninz: "Chaminz document" means a citation, notice of violation or complaint alle-ing a violation of this Code. "Code enforcement officer" means any person properly desi,-nated to enforce any or all Provisions of this Code, includinz but not limited to municipal police officers, buildinz safety officers, zonin,- enforcement officers, animal control officers, or other authorized representatives of the city. 1.10.020 - Procedure. A. The charge for a violation of a code provision may be brou'-ht by a peace officer, the city manazer, or the city official responsible for the administration and enforcement of the code provision which has been violated. A violation that is considered a minor offense shall be -overned by the Alaska Rules of Minor Offense Procedure. 58 CITY OF SEWARD, ALASKA ORDINANCE 2022-010 B. The city shall use the Alaska Uniform Citation form, or the electronic version if authorized, to provide notice to anyone accused of committinz a minor offense under any provision of this Code. LI0.030 -Disposition of optional court appearance offenses. A. A defendant charged with a minor offense for which a bail forfeiture amount has been established by Supreme Court order or for which a scheduled fine amount has been established by statute or city ordinance must within 30 days after the citation was issued: 1. Appear for arrai,-nment at the time and place indicated on the citation; or 2. Enter a plea of not -uilty and request trial by mailing or delivering a signed plea as directed on the citation; or 3. Enter a plea of no contest and submit payment of the citation, plus any surcharge established by statute, as directed on the citation; or 4. Provide proof of compliance to a law enforcement a,-ency if a statute, re,-ulation, or ordinance permits dismissal of the citation upon a showin'- of compliance, except that Proof of compliance also may be made to the court for violation ofAS 28.15.131 (failure to carry or exhibit license) or AS 28.22.019 (proof of insurance). The court shall dismiss the citation upon notification from the agency or proof of compliance. B. A defendant who mails or delivers an unsigned copy of the citation with the defendant's Payment will be deemed to have entered a plea of no contest unless the defendant desig-nates otherwise. 1.10.040 - Disposition of mandatory court appearance offenses. A defendant charged with a minor offense for which a court appearance is declared mandatory on the citation, or for which no bail forfeiture amount has been established by Supreme Court order and for which no scheduled fine amount has been established by statute or city ordinance must. A. Appear for arrai,-nment at the time and place indicated on the citation or summons. Arrai,-nment must be conducted in accordance with Criminal Rule 5(c), to the extent applicable to Minor Offenses; or B. Provide proof of compliance to a law enforcement agency if a statute, re-ulation, or ordinance permits dismissal of the citation upon a showin'- of compliance. The court or municipality shall dismiss the citation upon notification from the a, -envy. 1.10.050 - Ordinances affectinz minor offenses sent to city attorney. Immediatelv after the citv council enacts a code ordinance affecting. creating. or eliminatinz a minor offense, the city attorney or city clerk shall submit any necessary updates to the Alaska Court System for inclusion in the Uniform Minor Offense Table. Submissions by the city clerk shall be copied to the city attorney. 1.10.060 - Minor offense fine schedule. 59 CITY OF SEWARD, ALASKA ORDINANCE 2022-010 A. In accordance with AS 29.25.070(a), citations for the followin'- offenses may be disposed of as provided in AS 12.25.195-.230, without a court appearance, upon payment of the fine amounts listed below, plus the state surcharge required by AS 12.55.039 and AS 29.25.074. Fines must be paid to the court. B. The Alaska Court System's Rules of Minor Offense Procedure apply to all offenses listed below. C. If a person charged with one of these offenses appears in court and is found-uilty, the penalty imposed for the offense may not exceed the fine schedule amount listed in the current, adopted fine schedule. D. Citations char, -in,- these offenses must meet the requirements ofthe Rules ofMinor Offense Procedure. E. The fine amounts listed in the current, adopted fine schedule are doubled for motor vehicle or traffic offenses committed in a hi,-hway work zone or traffic safety corridor, as those terms are defined in AS 28.90.990 and 13 AA 40.010(b). F. An offense listed in the current, adopted fine schedule may not be disposed of without court appearance if the offense is in connection with a motor vehicle accident that results in the death of a person. G. The fines listed in the current, adopted fine schedule may not be iudicially reduced SCC Reference Offense Fine Chapter 9.05 - Animals and Fowl 9.05.150 Cruelty to animals $250 9.05.155(a) Failure to remove fecal matter $100 9.05.210 Failure to license dog $50 9.05.220 Failure to attach collar and tad $25 9.05.222 Attach ta,- to other than licensed animal $25 9.05.224(a) Removal of license by non -owner $100 9.05.224(b) Counterfeit license or certificate $100 9.05.234 Vicious do,- at lar,-e $100 9.05.236 Failure to post premises $100 9.05.240 Animal at lar,-e $50 9.05.254 Retention of animal without owner's consent $100 9.05.258 Failure to vaccinate $250 9.05.310 Trappin,- prohibited $100 9.05.315 Huntin,- prohibited $100 9.05.410 Dischar,-e of firearms prohibited $100 Chapter 9.15 Fire Prevention 9.15.125 Failure to correct fire hazard $100 9.15.150 False alarm $100 9.15.310 Failure to obtain explosives permit $250 C:3i1 CITY OF SEWARD, ALASKA ORDINANCE 2022-010 9.15.320(a) Exceedin,- explosives limit $250 9.15.320(c) Failure to properly handle explosives /land] $250 9.15.330(a) Failure to properly handle explosives [vessel] $250 9.15.330(b) Failure to supervise handlin,- of explosives $100 9.15.330(c) Unlawful vehicle transport of explosives $250 9.15.330(d) Failure to secure access to explosives loadin,- $100 area 9.15.335 Failure to obtain blastin,- permit $250 9.15.340 Failure to obtain explosives story,-e permit $250 9.15.345 Unsafe explosives handling $250 Chapter 9.20 Public Nuisances 9.20.080 Interference with city employees $250 Chapter 9.25 Noise Control 9.25.020(a) Excessive noise $100 Chapter 9.30 Mariivana Extraction Equipment 9.30.010 Use of unapproved mariivana extraction $100 equipment Chapter 9.35 Plastic Ba,-s and Polystyrene Containers 9.35.015(A) Unlawful provision of plastic carry -out bags $50 9.35.020 Unlawful provision ofpolvstyrene foam $50 Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 22nd day of August, 2022. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor Ordinance 2022-011 Documents: • Agenda Statement • Ordinance 2022-011 • Attachments: o City Council Rules of Procedures — Rules Only (cross reference with Chapter 2.10) o City Council Rules of Procedures (Entire Document) City Council Agenda Statement Meeting Date: August 8, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Ordinance 2022-011: Amending Seward City Code Chapter 2.10 City Council to Integrate the Rules from the City Council Rules of Procedures and to Provide for Clarifying Amendments Background and justification: The purpose of this ordinance is to amend Chapter 2.10 to integrate the rules from the City Council Rules of Procedures (CCROP) into the Code. Integrating the rules lessens confusion between the Code and CCROP and eliminates conflicting language as well. Grammatical amendments and clarifying have been incorporated throughout the chapter. Please note that not all CCROP rules have been integrated because some of them are procedural and not substantive in nature. The chapter has been amended as follows: Amended Ordinance Amendment code section Page # 2.10.005 Composition. 1 New section enacting language regarding the council's composition. Note: the language is from Charter Section 3.1. 2.10.007 Powers and duties New section enacting language regarding the council's generally. 1 powers and duties. Note: the language is from Charter Section 3.1. 2.10.010 Eligibility for elective 1 Updated bulleting. Note: the language is from Charter city office. Section 2.2. 2.10.012 Terms of office. 1 New section enacting language regarding the council's term of office. Note: the language is from Charter Section 3.1. 2.10.015 Election of mayor 2 Bulleted, struck language no longer applicable. Note: the and council. language is from Charter Section 3.2. 2.10.020 Organization of the Updated bulleting. Note: the language in subsection A and B council. 2 are from CCROP Rule 4. Subsection C is from CCROP Rule 19. 2.10.025 Duties of mayor, 2 Updated bulleting. Note: the language is from Charter vice -mayor, acting mayor. Section 3.4 and CCROP Rule 5. New section enacting language regarding public meetings. A 2.10.027 Public meetings. 2 portion of the language was previously in section 2.10.030 and CCROP Rule 3. Updated bulleting. (a) moved to 2.10.027. Executive session 2.10.030 Meetings. 3 language moved to 2.10.033. Language is from CCROP Rule 1, 2, 8, and 10, and Charter Section 3.5. 2.10.031 Meetings — time restrictions, uncompleted 4 The language is struck and moved to 2.10.036. agenda. 2.10.032 — Notice of meeting. 4 The language is struck and moved to 2.10.041. The language was in 2.10.030. It has been updated and 2.10.033 Executive sessions. 4 moved to this new section. Portions of the language are from Charter Section 3.5 and CCROP Executive Session. 63 Amended Ordinance Amendment code section Page # 2.10.036 Meetings — time The language was in 2.10.031. It has been updated and restrictions, uncompleted 5 moved to this new section. The language is from CCROP agenda. Rule 2. 2.10.041 Meeting notification. 5 The language was in 2.10.032. It has been updated and moved to this new section. 2.10.046 Voting — sequence, Renumbered and updated bulleting. The language is from procedure, conflicts of 6 CCROP Rule 28 and Charter 3.5. The language in subsection interest. D is from 2.10.051. 2.10.051 Quorum — majority. 6 Subsection B was moved to 2.10.046 D. 2.10.045 Methods of action. 6 Language is struck. Subsection A will be included in Seward Municipal Code Chapter 2.15. Subsection B is 2.10.115. Bulleted and language from Charter was brought in. The 2.10.056 Vacancy on council. 6 language regarding filling vacancies is from Rule 37 of CCROP. 2.10.061 Excused absences. 8 The language is from CCROP Rule 7. The existing language references the CCROP and setting the agenda order by resolution but the best place for the language is in code. Section A order of business is partial existing language and language that reflects the use of 2.10.066 Agenda. 8 action memoranda. The language also puts all consent agenda items in one section of the agenda. This makes it a lot easier for the public. Section B speaks to the use of the consent agenda and the council's ability to move consent agenda items. 2.10.071 Council packet. 10 The language is from former 2.10.055 (d) and CCROP Rule 9 a. 2.10.076 Minutes. 10 Renumbered and re-bulleted. The language is from former section 2.10.060. 2.10.081 Motions. 10 The language is from former subsection 2.10.065 and CCROP Rule 24. 2.10.086 Rules of order. 11 Renumbered and grammatical amendments. Subsection A is from CCROP Rule 24. 2.10.091 Addressing the 12 Renumbered, grammatical amendments, and subsection C council b the public. added. The language is from CCROP Rule 9 e . 2.10.096 Forms of address. 12 New section bringing in CCROP Rule 18. 2.10.100 Decorum 12 Renumbered, bulleted, and grammatical amendments 2.10.105 Council as board of 13 Renumbered adjustments. 2.10.110 Interference in Renumbered and bulleted. The language is existing and administrative service 13 reflects CCROP Rule 11. prohibited. 2.10.115 Council direction to city attorney, city clerk, or city 13 The language is from 2.10.045 (B) and CCROP Rule 17. manager. 2.10.120 Processing of council 13 Renumbered and bulleted. The language is existing and mail by the city clerk. reflects CCROP Rule 12. 2.10.125 Compensation. 14 Renumbered and bulleted. Subsection C is from CCROP Rule 21. Subsection C is from Rule 22. 2.10.130 Retirement from 14 The language is from CCROP Rule 23. council — recognition. 64 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.8 City Government -Continue to review and update the City Code. Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: ✓ Has no fiscal impact Funds are (): Budgeted Line item(s): Not budgeted ✓ Not applicable Finance Signature: Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Ordinance Other: W Sponsored by: Bower Introduction: August 8, 2022 Public Hearing: August 22, 2022 Enactment: August 22, 2022 CITY OF SEWARD, ALASKA ORDINANCE 2022-011 An Ordinance of the Seward City Council, Amending Seward City Code Chapter 2.10 City Council to Integrate the Rules from the City Council Rules of Procedures and to Provide for Clarifying Amendments WHEREAS, administration desires to amend Chapter 2.10 to reflect current language and to include the governing document, the Seward City Charter; and WHEREAS, in an effort to lessen conflicting language, administration also desires to codify portions of the City Council Rules of Procedure; and WHEREAS, additional clarifying amendments were made throughout the Chapter. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Chapter 2.10 is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): Chapter 2.10 City Council 2.10.005 Composition. The city council is composed of one mayor and six council members who are elected at lame. 2.10.007 Powers and duties zenerally. The city council shall exercise all of the lezislative and policy -making powers of the city and shall provide for the performance of all duties and oblizations imposed upon the city by law. 2.10.010 Eligibility for elective city office. A. (a}To be eligible to file for election to a city office a person shall be an elector of the city and shall have resided in the city or territory annexed to the city continuously for a period of not less than one year immediately preceding the date of filing. B. (b) A person appointed to fill a vacancy in an elective office must have such qualifications at the time of his appointment. C. (E)The council shall be the judge of the election and qualifications of its members. 2.10.012 Term of office. The term of office of each council member shall be for three years and shall commence immediately before the council or-anizes followin- the council member's election. 66 CITY OF SEWARD, ALASKA ORDINANCE 2022-011 2.10.015 Election of mayor and council. A. The mayor shall be elected by direct vote of the qualified electors every third year at the general municipal election held on the first Tuesday of October beginning in 2019, for a term of three years, holding office until that term has expired and a successor is elected and qualified. B. At the general election there shall also be elected annually two members of the city council, each to serve for a term of three years. 2.10.020 Organization of council; election of vice -mayor and seating arrangement. A. (a) The city council shall meet and organize not later than thiFt�, 30 days after each regular city election. B. (4) At its. the organizational meeting, the council shall elect one of its members to act as vice mayor in the absence of the mayor and the mayor shall make all appointments as required of the mayor. 1. C. Council members shall occupy their respective seats in the council chamber assigned to them. The seats shall be assi,-ned so the vice mayor sits on the left-hand side of the manor and other members are seated in order of seniority with those newest council members filling the outermost seats on the dais. 2.10.025 Duties of mayor, vice -mayor, acting mayor. A. (a) Mayor. 1. The mayor shall: a. Possess all powers and shall exercise all duties required of him by law or the city council. He shall b. Be presiding officer of the council at all council meetings and recognized as the head of the city for all ceremonial purposes. He shall c. Be a member of the council with all powers and duties of that office. 2. The mayor has no re-ular administrative or executive duties. 3. The mayor shall not possess veto power. B. (4) Vice -mayor. 1. In the absence of the mayor, the vice -mayor shall possess all the powers of the mayor. 2. The vice -mayor 14e shall possess all duties provided for or required of him by law or the city council. C. (e) Acting mayor. 1. In the absence of the mayor and the vice -mayor, and if a quorum eke is present, the council shall choose one of its members to serve as acting mayor for that session or until the appearance of the mayor or vice -mayor. He shall 2. The acting mayor possess all duties provided for or required ef him by law or the city council. 2.10.027 Public meetin,-s. 67 CITY OF SEWARD, ALASKA ORDINANCE 2022-011 A. All city council meetings, except for executive sessions, are open to the public and, with the exception of executive sessions, shall be electronically recorded. B. The public shall be ;riven a reasonable opportunity to be heard at all re;;ular and special meetim-s. 2.10.030 Meetings. A. (4) Regular meetings. L Regular city council meetings shall be held in the Seward City Hall council chambers i t4e Co.,.ar C;4y Hall, unless otherwise desi;;nated by the council. reasonable aeeommodafioa of the pub4e. 2. Regular city council meetings shall be held on the second and fourth Mondays of each month at 7:00 p.m.; provided that any regular meeting may be canceled by the affirmative vote of at least four council members. B. {}Special meetings. L Special meetings may be called by the city clerk on written request of the mayor, city manager or of any two members of the city council. 2. Notice of the special meetinz will be prepared in writinz by the clerk. The notice must contain the time, place, and business to be transacted. Up on ro. est being eeive a toe 3. No business shall be transacted at any special meeting of the council except that stated in the meeting notice ef ffleetifig. 4. Special meetings shall be held at the regular meeting place of the council or at such other place as may be specified in the meeting notice. The location of the special meeting shall be selected with consideration for the reasonable accommodation of the public. C. (3) Emergency meetings. 1. hi an emergency, any special meeting held for the purpose of addressing an emer;;ency; shall be a legal meeting if all members are presenti or= if there-4e is a quorum present and all absent members e waived, in writing, the required notice requirements of seetieff 2.10.032. 2. Waivers may be before or after the time of the meeting. 3. A waiver shall be made a part of the iournal of the meetin;; . D. (4) Work sessions. L Upon written request of the mayor, city manager, or any two members of the city council, council may hold work sessions for the purposes of planning, studying and discussing any question permitted by law. 2. No €ems action shall be taken by the council on any matters discussed in the work session until the matter is placed on t4+e a regular or special meeting council agenda. 68 CITY OF SEWARD, ALASKA ORDINANCE 2022-011 3. Work sessions shall generally be held in the regular meeting place of the city council; however, the council may designate any other location provided consideration is given to the reasonable accommodation of the public. �;. fina-nees of the eity; (4) StFato,Ty f l.,bO - .,.,,a t efe0fitfaetS;-aiid J p4lie may be e?ie1ttded P ive session bta final aetion shall not be taken by the eatmeil E. (0 Recessed meetings. The council may recess any of its regular or special sessions to a time not beyond the next regular meeting; and the city clerk shall publish the time and date to which recessed in the best manner. F. If, after having been lawfully assembled in a properly designated location, the council determines that a condition exists which renders the location unsuitable, the council may recess the meetin- and reconvene at a different location suitable to the needs of the council. The location to which the meetin- shall be reconvened shall be made known publicly prior to recess and notices shall be posted at the place orizinally desi,-nated by the city clerk. .. .. Nil 111M .. NO .. CITY OF SEWARD, ALASKA ORDINANCE 2022-011 2.10.033 Executive session. A. If permitted subiects will be discussed at a meetin'- in executive session, the meetin'- must first be convened as a public meetin,- and the question of holdin'- an executive session to discuss matters that are within the exceptions of subsection (D) of this section shall be determined by a maiority vote of the council. B. The motion to convene in executive session must clearly and with specificity describe the subject of the proposed executive session without defeatin'- the purpose of addressin'- the subject in private. C. Subiects may not be considered at the executive session except those mentioned in the motion callin,- for the executive session unless auxiliary to the main question. D. Action may not be taken at an executive session, except to '-ive direction to an attorney or labor ne,-otiator re,-ardin,- the handlin,- of a specified legal matter or pendin,- labor nezotiations. E. Upon adoption ofa motion statin,- the purpose for an executive session, the council in closed session may discuss: 1. Matters, the immediate knowledze of which would clearly have an adverse effect upon the finances of the public entity; 2. Subiects that tend to preiudice the reputation and character of any person, provided the person maV request a public discussion; 3. Matters which by law, municipal Charter, or ordinances are required to be confidential; 4. Matters involvin,- consideration of-overnment records that by law are not subject to public disclosure. F. This section does not apply to quasi-judicial boards when holdin'- a meetin'- solely to make a decision in an adjudicatory proceedin,-. 2.10.036 Meetin-s—Time restrictions, uncompleted a, -ends. A. Adjournment time - mandatory. 1. The council shall take no official action or address anv other item on the agenda after 11: 00 p.m. and shall adjourn any re,-ular or special meetin'- no later than 11:00 p.m. 2. Adjournment is mandatory unless extended to 12: 00 a.m. by council vote. 3. In the event the a, -ends has not been completed by the time set herein, the council may adjourn the meetin,- to another day, call a special meetin,- to complete the a, -ends and adjourn, or adjourn. rill CITY OF SEWARD, ALASKA ORDINANCE 2022-011 B. Remaining agenda items. If the meeting is adjourned without making other provisions for completion of the agenda items, the uncompleted matters shall be presented at the next re-ularly scheduled council meetin,- under the agenda section for unfinished business. C. Presentations and public comments. The council shall not adiourn prior to 12: 00 a.m. unless all presentations and comments by members of the zeneral public have been heard. 2.10.041 Meetinz notification. A. All public notices must include the date, time, and place of meeting. B. The city clerk shall provide at least 24-hour advance public notice, settinz out the date, time, place and a,-enda or issue of the meetin,- shall be -iven for all re,-ular and special meetin,-s and work sessions of the council. 1. The notice shall be served personally on each council member, or left at the member's usual place of business or residence, or emailed by the city clerk. 2. The city manazer shall receive the notice via email by the city clerk. 3. A copy of the notice shall also be delivered or emailed to the place of business of each newspaper printed and published in the city and each radio station, but this requirement shall not be iurisdictional to the holdinz of the meetin'-s. 4. Notice delivered via e-mail and/or telephonically to media, each council member, and the city manazer, and posted in three public places at least 24 hours prior to the meeting, shall suffice as proper notice. 5. Six -hour notice for a special meeting due to an emergency shall suffice. 2.10.03-546 Voting —sequence, procedure, conflicts of interest. A. The voting sequence of the council shall be alternated for each meeting by the city clerk. B. Any vote of the council may be by voice vote upon demand of any member, either prior or subsequent to any vote. Sw4 The vote shall be by roll call. Each member shall answer by the word "yes" or "no." C. All council members, unless lawfully excused, shall vote on each question before the council. D. Four affirmative votes are required to carry any measure before the council unless a greater number is required by the code or charter. Any lesser number, even thou,-h it constitutes a maiority of the members present, shall not carry and the measure shall be defeated. E. Direct or indirect financial interest No member of the council may discuss or vote on any question in which the member has a direct or indirect substantial financial interest. 1. Direct or indirect financial interest shall be disclosed to the presiding officer prior to the beginning of debate on the question for a ruling on a request from the member with the financial interest to be excused from the discussion and vote. 2. The decision of the presiding officer on a request by a member of the city council to be excused from discussion and a vote may be overridden by the majority vote of the council. VA CITY OF SEWARD, ALASKA ORDINANCE 2022-011 3. If there are not at least four council members in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four council members qualified to vote on the matter are in attendance. F. A municipal employee or official, other than a member of the city council, may not participate in an official action in which the employee or official has a substantial financial interest. G. "Substantial financial interest" means a financial interest that would result in a pecuniary gain or loss exceeding $1,000.00 in a single transaction or more than $5,000.00 in the aggregate in 12 consecutive months. 2.10.04051 Quorum —majority. A- Four members of the city council shall be a quorum for the transaction of business. In the absence of a quorum, any number less than a quorum may adjourn a meeting to a later date. I MI" 11 1 M.111 . 2.10.056 Vacancy on council. A. The council seat shall become vacant upon the occurrence of any of the followinz: 1. Expiration of the term of office; 2. Death of the incumbent, 3. Resi,-nation approved by council, 4. Removal from office in the manner provided by law; 5. Ceasinz to possess at any time the qualifications or elizibility required by the Charter for election or appointment to office; 6. After final conviction of a felony involvinz moral turpitude, or of any offense involvinz a violation of an oath of office; 7. A iudicial determination that the incumbent is of unsound mind, 8. A decision of a competent tribunal declarinz the election or appointment of the incumbent void, 9. Failure to take the oath or make the affirmation or file the bond required for the office within ten days from the date of appointment or certification of election or within such other time not exceedin,- twenty days thereafter as the council may fix; 10. A member departs from the city with the intent of remaininz absent for more than 90 days; 11. Failure to attend council meetin-s for 90 consecutive days; r`a CITY OF SEWARD, ALASKA ORDINANCE 2022-011 12. Attends less than five council meetinz durin;; any continuous five -month period, 13. With the concurrence of two-thirds of its members, the council may expel one of its members for a conviction of a violation of AS 15.13 or a felony or misdemeanor described in AS 15.56 as a corrupt practice. The council shall consider that conviction durin,- the first meetin,- followin,- final determination of the conviction. B. Fillin;; vacancies. If a vacancy occurs in an elective office, other than a vacancy occurring from a recall. 1. More than two weeks before the candidate filing period. If the vacancy occurs more than two weeks before the last time for filin'- for the offices to be filled at the next re;; ular city election, the council shall fill the vacancy by appointment within thirty days, with the person appointed servin;; until the next time when terms of elective officers be;;in. If the unexpired term of the vacated office extends beyond the next time when terms of elective officers be;;in, the office shall be filled for the remainder of the unexpired term at the next re;; ular city election. 2. Less than two before the candidate filin;; period. If the vacancy occurs no more than two weeks before the last time for filin;; declarations of candidacy for offices to be filled at the next re;; ular city election, the council shall not fill the vacancy until immediately after the council or;;anizes followin;; such re;;ular city election, and the council then shall fill any such vacancy by appointment for the remainder of the unexpired term. C. Process for fillinz vacancies. The process for fillinz vacancies in this section is: 1. The City Clerk will distribute and publish a notice of vacancy, the procedure, and any application form for applyinz 2. Each applicant will make a presentation to the council retarding their qualifications to serve. 3. The council will then vote and si;;n ballots provided by the City Clerk. 4. The City Clerk will read the ballot aloud, will tabulate the votes, and announce the results to the council. 5. The council may then, by motion and voice vote affirm the appointment of the candidate receivin;; the hi, -hest number of votes and the required votes for official council action.. eetmeil for- a period of ni :4iN,e days, or- shall hai,e at4ended less than fiN,e of MTM 73 CITY OF SEWARD, ALASKA ORDINANCE 2022-011 _ ��. �treee�:����reee�:eets!*ess�ee�strsss _ JZ III 2.10.061 Excused absences. A. In order for an absence to be excused, a council member shall contact the city clerk prior to a council meetinz and state the reason for their inability to attend the meeting. B. The city clerk will inform the presidin,- officer of the request for an excused absence prior to the meetin,- and the presidin,- officer will rule whether absence is excused or unexcusedl C. When callin,- the roll call for the meeting, the city clerk will indicate whether a member's absence was ruled to be excused or unexcused, and the clerk will make an appropriate notation in the minutes. D. If another council member questions the member's absence, the presidin'- officer will inquire if there is a motion to excuse the member. This motion is non -debatable. E. Upon passa,-e of the motion by a maiority of members present, the absent member will be considered excused and the clerk will make an appropriate notion in the minutes. 2.10.066-5-5 Agenda. A. Order of business. The order of business for the regular meetings of the city council shall be asfollows: ' 1. Call to Order; 2. Pled,-e ofAlleziance; 3. Roll Call; 4. Citizen Comments of any Subiect Except those Items Scheduled for Public Hearin,-; 5. Approval o f A,-enda and Consent Agenda 6. Special Orders, Presentations and Reports a. Proclamations and Awards b. City Mana,-er Report c. City Clerk Report dl City Attorney Report e. Other Reports and Announcements f Presentations 7. Consent A,-enda a. Minutes of Preceding - Meeting b. Introduction of Ordinances c. Resolutions dl Action Memoranda 8. Public Hearin,-s 74 CITY OF SEWARD, ALASKA ORDINANCE 2022-011 a. Ordinances for Enactment b. Resolutions Reguirin,- Public Hearin 9. Unfinished Business 10. New Business a. Resolutions b. Action Memoranda c. Other New Business 11. Informational Items and Reports a. Boards and Commissions Minutes 12. Citizen Comments 13. Council, and Administration Comments and Response to Citizen Comments 14. Executive Session 15. Adjournment B. Consent agenda — use o . 1. These Items on the council agenda which are considered routine by the city manager and city clerk shall be indieated by a ste -; sk- on the consent agenda. 2. Unless the mayor or a council member specifically requests that an item be removed from the consent agenda, all items appearin,- under the consent a, -ends are approved with a sin, -le motion, no discussion, and one vote. separ-ately an t4e f:egalaf- agenda, these i"ems se designated shall be appf:aved' adopted-, If an item is removed from the consent agenda, the item shall be considered under the re,-ular meetin,- a, -ends. C. Council member agenda items. Council members who wish to add items to the agenda must present the item, in writing, to the city clerk no later than 12:00 p.m. on the Tuesday precedin,- the Monday meeting. D. Prior to the final vote on the a, -ends, a council member may delete any item from the agenda or postponin,- any item on the agenda to a subsequent council meeting. However, if any member obiects, the member wishin- to delete or postpone an a, -ends item must make a motion to do so. The motion requires a second and must receive four affirmative votes for approvab Of: a MO&M ERA Of d that five members eans rO CITY OF SEWARD, ALASKA ORDINANCE 2022-011 E. No matters other than those on the agenda shall be fifially acted upon by the city council; provided, gw4 matters that seem to be emergencies or of an urgent need by the mayor, or any council member, or the city manager, with an explanation of the emergency or urgency stated in open council meeting, may with the consent of the council majority present, be considered and acted upon by the council. 2.10.071 Council packet. A. All reports, ordinances, resolutions, contracts, documents or other matters to be submitted to the council at the re-ular meeting shall be submitted to the city clerk not later than 12: 00 noon on the Tuesday precedinz the Monday meeting. B. The city clerk shall prepare the agenda for all matters according to the order of business, numberinz each item consecutively. C. A complete copy of the agenda and supporting materials shall be defi+wmd provided to each council member, tmd the city manazer, and department heads no later than 7. 00 p.m. on the Saturday precedinz the council meeting. D. The agenda packet shall be available to the public in the city clerk's office at 9: 00 a.m. on the day of the council meetin,- and in the council chambers durin,- each meeting. E. The agenda will be published in the local newspaper during the week prior to the meeting. 2.10.076" Minutes. A. (a) The minutes of the council shall be kept by the city clerk and shall be nea4ly t-ype r-44e in a book kept for that purpose with a record of each particular type of business transaction set off in paragraphs, with proper subheads.; r,.,,vide,a, thflt B. The city clerk shall be required to make a record only of the 6tleh business as was actually passed upon by a vote of the council and shall not be required to make a verbatim transcript of the proceedings; provided Fes, that a record should be made of the names &Hd address of the persons addressing the council, the *'�-�� the subject matter to which the remarks related and whether they spoke in support of or in opposition to the subject matters. Provided, however, that any council member may request that his the member's remarks on any subject be recorded in the minutes verbatim as a matter of public record. C. (b} Unless the reading of the minutes of a council meeting is requested by the majority of the council, the 6tteh minutes may be approved without reading if the clerk has previously furnished each council member with a copy ther-eef. 2.10.081 Motions. All city council le-islation shall be in the form ofan affirmative motion. The affirmative vote of four members of the council is required for passage of any motion of the council, unless otherwise noted in code. rc. CITY OF SEWARD, ALASKA ORDINANCE 2022-011 2.10.086� Rules of order debate. A. Roberts Rules of Order. All meetin,-s shall be conducted in accordance with the current edition of Robert's Rules of Order, Newly Revised. The city clerk shall serve as parliamentarian and shall advise the presidinz officer as to correct rules of procedure of specific rule application. �-�Robe-Lsl?ivkos qfOpd r. RobeFfs Rules of Order- shall be tised B. (b) Presiding officer may debate and vote. The presiding officer may move, second and debate from the chair, subject only to stxk the limitations of debate imposed by the code and charter on all council members, and shall not be deprived of any of the rights and privileges of a council member by reason of hi-s acting as presiding officer. C. (c4 Getting the floor; improper references to be avoided. Every council member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall speak eelifilie himself to the question under debate, avoiding all improper language and references to personalities. D. (-d) Interruptions. A council member, once recognized, shall not be interrupted in speaking unless 4J&e to call the member to order or as herein otherwise provided. If a council member, while speaking, is called to order he the member shall cease speaking until the question of order be determined and, if in order, Iie the member shall be permitted to proceed. E. (,e) Reconsideration. A motion to reconsider may be applied to any ordinance, resolution or action of the council and has precedence over all motions except the motion to adjourn. 1. A council member may make a motion to reconsider only if: a. The council member voted on the prevailing side on the question to be reconsidered; b. The council member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken; or c. The council member files with the ci clerk not later than 5:00 p.m. on the first city business day following the day on which the vote was taken a written notice of intent to reconsider and then makes the motion to reconsider at the next regular council meeting. to r-eeofisider- is signed before the motion is eensider-ed. 2. A motion for reconsideration requires a two-thirds vote to carry. 3. For the purposes of this section, a council meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the next regular council meeting as that term is used in this section. 4. Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the council overturns the original action. If a motion to reconsider a particular ordinance, resolution or other action fails, a second motion to reconsider the same action shall not be in order. 5. Actions which may not be reconsidered. The following motions may not be reconsidered: 77 CITY OF SEWARD, ALASKA ORDINANCE 2022-011 A motion which can be renewed within a reasonable time; An affirmative vote whose provisions have been partly carried out; An affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome; d. Any vote which has caused something to be done which it is impossible to undo; e. A vote on a motion to reconsider; or f. When practically the same result can be obtained by some other parliamentary motion. 2.10.091-78 Addressing the council by the public. A. (a) Generally. The council shall provide the opportunity for the public to be heard at regular and special meetings as required by AS 29.20.020 and Seward City Charter section 3.5(g). All persons desiring to address the council shall first secure the permission of the presiding officer to do so, shall approach the podium before the council and give their name, state whether they live inside or outside the city Seward city limits are esident of Seward in an audible tone of fqr t e ,,ee -,a, and, unless further time is granted by the presiding officer, shall limit their address to the time limits specified on the council azenda. i this seeti „ OF by reset itio B. (b) Public hearings. Taxp yeFs esidents ft4e e4y t4ei . a-tith fize,a legal o entatives 1. Unless further time is granted by the presiding officer, each person testifying under public hearing shall limit hi-s their presentation to five minutes. 2. The citv clerk shall make available sign-up sheets on which persons desiring to speak on items scheduled for public hearing may indicate their desire. The presiding officer shall request comment from persons in the order in which they have signed up on said the sheets and then shall take comments from all other persons desiring to speak. 3. No person who has previously spoken during the public hearing on a particular item may speak again unless all other persons desiring to give testimony at the public hearing have spoken. 4. A person speaking for a second time shall give testimony for not more than one minute unless the presiding officer designates a different time. 5. No person may speak on an item after public hearing on that item has terminated unless the presiding officer determines otherwise. D. Presentations. 1. There will be no more than two presentations scheduled during each council meeting. 2. Presentations are added to the agenda on a first come, first serve basis and must be approved by the city manager. 3. In the event there are already two presentations scheduled on any -iven azenda, the requestor will be provided with future date opportunities. 4. There is a 10-minute time limit for presentations. The city clerk will time each presentation. 78 CITY OF SEWARD, ALASKA ORDINANCE 2022-011 2.10.096 Forms of address. A. The mayor shall be addressed as "Mayor (surname), "Your Honor", "Mister/Madam Chair", or Mister/Madam Mayor' B. The vice mayor, when actinz for the mayor, shall be addressed as "vice Mayor (surname) ", or Mister/Madam Chair. C. Members of the council shall be addressed as "Council Member (surname)' 2.10.10075 Decorum. A. (may Council members. When the council is in session, tke council members must preserve order and decorum and no council member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the council, nor disturb any council member while speaking, nor refuse to obey the orders of the council or the person presiding. B. (-By Other persons. Any person making personal, impertinent, threatening or slanderous remarks, or who shall become boisterous while addressing the council, shall be immediately fefthw n, be barred by the presiding officer; baffed from further audience at the meeting before the council, unless permission to continue be granted by a majority vote of the council. C. (e) Enforcement. 1. The chief of police shall be ex officio sergeant -at -arms of the council. 2. The chief 44e shall carry out all orders and instructions gii,eii him by the presiding officer for the purpose of maintaining order and decorum in the council chambers. 3. Any person in the audience who uses loud, boisterous or profane language at a council meeting, or language tending to bring the council or any council member into contempt, or any person who persistently interrupts the proceedings of the council or refuses to keep quiet or take a seat when ordered to do so by the presiding officer, shall be deemed guilty of a misdemeanor. 4. Upon instruction from the presiding officer, it shall be the duty of any police officer present to eject any person from the council chambers, or place the person under arrest, or both. 2.10.10510N Council as board of adjustments. The city council is designated to be the board of adjustments for the city. The mayor shall act as chair. 2.10.1104W Interference in administrative service prohibited. A. None No member of the city council, nor any of its committees or members, shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the city manager, nor in any manner interfere with the city manager to prevent the city manazer h�t* from exercising the city manager's hs own judgment in the appointment of officers and employees in the administrative service. 79 CITY OF SEWARD, ALASKA ORDINANCE 2022-011 B. The council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately. 2.10.115 Council direction to city attorney, city clerk, or city manager. A. The attorney, city clerk, and city manazer work for the council as a body and may not take direction from any individual member of the council. B. City council requests for research or draftin- of council le-islation and other documents shall be made at a meetinz. C. The city council may direct the city attorney, city clerk, or city manazer via motion provided the motion rezardin,- substantive directives are included on the a,-enda before a vote is taken on the motion. 2.10.09120 Processing of citv council mail by the city clerk. A. The city clerk is authorized to receive and open all mail addressed to the city council, with a copy of all correspondence needing action te-43-e immediately forwarded to the city manager for timely attention._ B. to toe ors All administrative business referred to in s the communications and not necessarily requiring council action may be disposed of between council meetings; provided, thftt all action taken pursuant to sueh the communications shall be reported to the city council thereafter. C. Any communications needing council action shall be reported to the city council at the next regular meeting, together with the report and recommendations of the city manager, and copies of sueh the communications shall be maile provided to the council. 2.10.12504 Compensation . A. (a) Compensation for service on the city council is as follows: 1. The mayor shall be compensated at the rate of $600.00 per month; and 2. Each council member shall be compensated at the rate of $400.00 per month. B. (4) Compensation shall be paid quarterly on the payday for the first pay period ending in January, April, July and October of each year. C. Council members are not eligible to participate in the Public Employees' Retirement system ofAlaska (PERS). 2.10.130 Retirement from council - reco,-nition. A. Council members who retire from service on city council after one term or who are not reelected followinz their first term of office will receive a plaque in reco'-nition of their service to the city. B. Council members who retire or fail to be reelected after two or more terms on the city council will receive an engraved told pan in reco,-nition of their service. 80 CITY OF SEWARD, ALASKA ORDINANCE 2022-011 C. A mayor who retires or fails to be reelected will receive a plaque bearinz a gavel in recomnition of their service to the city. Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 22nd day of August, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 81 CCROP — Rules Only Cross Reference with Chapter 2.10 RULE 1. COUNCIL MEETINGS — LOCATION (Located in 2.10.030) All regular meetings of the City Council are held in the Council Chambers in the Seward City Hall or at such other place as may be determined by the City Council upon consideration of the reasonable accommodation of the public as specified in [SCC § 2.10.030 A. L] RULE 2. COUNCIL MEETINGS — TIME (Located in 2.10.030) The regular meetings of the City Council are held on the 2nd and 4th Mondays of each month at 7:00 p.m. As specified in SCC § 2.10.031, all regular and special meetings of the Council must adjourn no later than 11:00 p.m. The Council may not adjourn prior to 11:00 p.m. unless all presentations and comments by members of the general public have been heard. By a vote of council, the time for conclusion of legislative business and adjournment may be extended to 12:00 a.m. [SCC § 2.10.031] RULE 3. COUNCIL MEETINGS - OPEN TO THE PUBLIC (Located in 2.10.027) All meetings of the City Council and its boards and commissions are open to the public, except as provided for in SCC § 2.10.030 B (Executive Sessions.) The public must be given a reasonable opportunity to be heard at all regular and special meetings in accordance with SCC § 2.10.030 A. RULE 4. ORGANIZATION OF COUNCIL (Located in 2.10.020) The City Council must meet and organize not later than 30 days after each regular city election. At this organizational meeting, the Council elects one of its members to act as Vice Mayor in the absence of the mayor. In addition, the Mayor may appoint the council liaison to the Planning Commission and the council representative to the Kenai Peninsula Borough Economic Development District. [Rule 29(c) and SCC § 2.10. 020] RULE 5. PRESIDING OFFICER (Located in 2.10.025) The Mayor presides at all meetings of the Council and is recognized as the head of the City for all ceremonial purposes. The Mayor has no regular administrative or executive duties. In case of the Mayor's absence or temporary disability, the Vice Mayor acts as Mayor during the continuance of the absence. In case of the absence or temporary disability of the Mayor and the Vice Mayor, an Acting Mayor selected by members of the Council acts as Mayor during the continuance of the absences or disabilities. The Mayor or Vice Mayor is referred to as "Presiding Officer" from time to time in these Rules of Procedure. [SCC §2.10.020 and § 2.10-025] 82 RULE 6. QUORUM (Located in 2.10.051) At all meetings of the Council, four Council Members who are present and eligible to vote constitute a quorum for the transaction of business. In the absence of a quorum, any number less than a quorum may adjourn a meeting to a later date. (SCC § 2.10.040) A Council meeting adjourned under the previous provision is considered a regular meeting for all purposes. RULE 7. ATTENDANCE, EXCUSED ABSENCES (Located in 2.10.061) In the event any member of the City Council departs from the city with the intent of remaining absent for more than 90 days, or fails to attend meetings of the Council for a period of 90 consecutive days, or attends less than 5 of the meetings of the Council during any continuous period of 5 months, the Council may declare the office of such member vacant. Members of the Council may be excused from attending a meeting of the Council by complying with this section. The member must contact the City Clerk prior to the meeting and state the reason for their inability to attend the meeting. The City Clerk will inform the Presiding Officer of the request for excused absence prior to the meeting, and the Presiding Officer will rule whether the absence is excused or unexcused. When calling the roll for the meeting, the Clerk will indicate whether a member's absence was ruled to be excused or unexcused, and the Clerk will make an appropriate notation in the minutes. If another Council Member questions the member's absence, the Presiding Officer will inquire if there is a motion to excuse the member. This motion is non -debatable. Upon passage of such motion by a majority of members present, the absent member will be considered excused and the Clerk will make an appropriate notation in the minutes. [SCC § 2.10.050] RULE 8. SPECIAL COUNCIL MEETINGS (Located in 2.10.030) Procedures for setting a special meeting are as follows: (a) A special meeting may be called by the City Clerk on written request of the Mayor, City Manager or any 2 members of the City Council [SCC § 2.10.030 A.2.]; (b) Notice of the special meeting will be prepared in writing by the Clerk. The notice must contain the following information about the meeting: time, place, and business to be transacted; (c) The notice will be delivered by mail or personally to the residence or principal place of business of each Council Member, the City Manager, and the business office of each local newspaper and radio and television station. The notice must be delivered at least 24 hours prior to the meeting [Charter 3.5 and SCC § 2.10.032]; Notice delivered via e-mail and/or telephonically to media, each Council Member and the City Manager, and posted in three public places, at least 24 hours prior to the meeting, shall suffice as proper notice. (Ord 2019-001) (d) The notices provided in this section may be dispensed with in emergency situations provided that a quorum is present and all absent members have waived, in writing, the notice requirements of SCC §2.10.032. Waivers may be signed either before or after the time of the meeting; 2 83 (e) No business may be transacted at any special meeting of the Council except that stated in the notice of meeting [SCC § 2.10.030 A.2.] RULE 9. COUNCIL MEETINGS - AGENDA (a) All reports, ordinances, resolutions, contracts, documents or other matters to be submitted to the Council at the regular meeting must be submitted to the City Clerk not later than 12:00 p.m. on the Tuesday preceding the Monday meeting. The City Clerk prepares the agenda for all such matters according to the order of business, numbering each item consecutively. A copy of the agenda and supporting materials must be delivered to Council Members and the City Manager and made available to the press not later than 7:00 p.m. on the Saturday before the regular Council meeting. [SCC §2.10.055 D.] The agenda packet will be available for public inspection at 9:00 a.m. on the day of the meeting. In addition, the agenda will be published in the local newspaper on the Thursday prior to the meeting. (Located in 2.10.071) (b) Council Members who wish to add items to the agenda must present the item in writing to the City Clerk no later than 12:00 p.m. on the Tuesday preceding the Monday meeting. The Clerk will prepare the written agenda statement if notified by the Council Member prior to 12:00 Noon on the preceding Monday. (Located in 2.10.066 C) (c) The Council has the option of deleting any item from the agenda or deferring any item on the agenda to a subsequent Council meeting. Prior to voting on approval of the agenda, an agenda item may be deleted or deferred upon the request of a single Council Member if there is no objection from the remaining members. However, if any member objects, the member wishing to delete or defer an agenda item must so move. This motion requires a second and must receive four affirmative votes for approval. Agenda items may be moved from the consent agenda to the regular meeting agenda upon the request of any member of the Council. (Located in 2.10.066 B) (d) No matters other than those on the agenda may be finally acted upon by the City Council provided that matters that seem to be emergencies or of an urgent need by the Mayor or any Council Member or the City Manager, with an explanation of the emergency or urgency stated in open Council meeting, may, with the consent of the Council majority present, be considered and acted upon by the Council. [SCC § 2.10.055 E.] (e) There will be no more than two (2) presentations scheduled during each council meeting. Presentations will be added to the agenda on a first come, first served basis; in the event that there are already two presentations scheduled on any given agenda, the requestor will be provided with future date opportunities. There will be a ten minute time limit for presentations, for which the City Clerk will set the timer. (Res 2019-060) (Located in 2.10.091) RULE 10. WORK SESSIONS (Located in 2.10.030 D) Upon written request of the Mayor, City Manager or any two members of the City Council, the Council may hold work sessions for the purpose of planning, studying and discussing any question permitted by law. Work Sessions need have no formal agenda and may be conducted informally so long as such informality is not in conflict with these rules. No formal action may be taken by the Council on any matters 84 discussed in the Work Session until the matter is placed on the Council agenda for a regular or special meeting. Work Sessions generally are held in the City Council Chambers; however, the Council may designate any other location for a particular work session provided that consideration is given to the reasonable accommodation of the public. [SCC § 2.10.030 A.4] RULE 11. INTERFERENCE IN ADMINISTRATIVE SERVICE PROHIBITED (Located in 2.10.110) No member of Council may direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the City Manager. No member of Council may interfere with the City Manager to prevent them from exercising their own judgment in the appointment of officers and employees in the administrative service. The Council and its members may deal with the administrative services solely through the City Manager and no member of the Council may give orders to any of the subordinates of the City Manager either publicly or privately. [SCC § 2.10. 090] RULE 12. COUNCIL MAIL (Located 2.10.115) The City Clerk is authorized to receive and open all mail addressed to the City Council. A copy of all correspondence needing action must be immediately forwarded to the City Manager for timely attention to the end that all administrative business referred to in such communications, and not necessarily requiring Council action, may be disposed of between Council meetings. All action taken pursuant to such communications shall be reported to the City Council thereafter. Any communication needing Council action shall be reported to the City Council at the next regular meeting together with the report and recommendations of the City Manager. [SCC § 2.10.095] RULE 13. CITY MANAGER (Will be incorporated into 2.20.035) The City Manager, as the chief executive officer and head of the executive branch of the City government, or their designee, must attend all meetings of the Council unless excused by the Presiding Officer or Council. The City Manager may take part in the Council's discussion on all matters on the agenda and otherwise concerning the welfare of the City. In the event that the City Manager is unable to attend a council meeting, they will appoint another qualified staff member to attend the meeting on behalf of the City Management. All employees of the City, with the exception of the Attorney and the Clerk and their respective staffs, are appointed by and are responsible to the City Manager. RULE 14. CITY CLERK (Will be incorporated into 2.20.045) The City Clerk is the ex-officio Clerk of the Council and, in this role, keeps the official records of the Council meetings, acts as parliamentary advisor to the Council and performs such other duties in the meeting as may be required by the Mayor or the Council. In the absence of the City Clerk, the Clerk will appoint another qualified staff member to act as Clerk of the Council. The Clerk administers all city elections, provides for the codification of all city ordinances, is the custodian of all city records and the city seal, provides administrative support to the Mayor and Council, attests all deeds and other documents of the City, and takes all oaths and affirmations as necessary. M 85 RULE 15. CITY ATTORNEY (Will be incorporated into 2.20.040) The City Attorney advises the City Council, the City Manager, and the City Clerk on all matters of law. The attorney drafts and assists in drafting ordinances, resolutions, contracts and agreements to be made or entered into by the City, and approves the form of all such instruments. They prosecute violators of the City Code and represent the City in all actions of law. Any Council Member seeking advice from the attorney which will require the expenditure of city funds must first complete a Request for Legal Services Form which must be approved by the City Council and filed in the office of the City Clerk. [Appendix A- IJ RULE 16. EVALUATION OF APPOINTED OFFICIALS Language should be retained as a PURPOSE OF EVALUATION process. The purpose of providing periodic evaluations of the City Attorney, City Clerk, and City Manager is: • To give the employee timely feedback on his/her performance and to identify areas in which he/she is doing well, along with areas in which improvement may be needed. Evaluation should lead to positive action. • To clarify and strengthen communication between the employee and the Council as it relates to their respective expectations for their position. • To serve as a method for gathering data relevant to subsequent personnel decisions. STATEMENT OF CITY COUNCIL'S RESPONSIBILITIES Evaluating the performance of the City Manager, the City Clerk, and the City Attorney is a significant responsibility of the City Council. Conducting an effective evaluation is hard work, but it does not have to be a bad experience. With a clear procedure and open lines of communication, chances are good that the experience will result in a more productive working relationship. FREQUENCY AND TIMING OF EVALUATIONS Evaluation is an ongoing process. To be most beneficial, it is suggested that evaluation sessions be held at least annually. Nothing in these evaluation procedures precludes the Council from exercising its authority to appoint or terminate the services of the City Manager, the City Attorney, or the City Clerk; or to exercise its authority as set forth in any employment contract with said employees. OVERVIEW OF STEPS INVOLVED IN EVALUATION PROCESS Special Performance Evaluation Session: This ad hoc meeting may be scheduled at the will of the Council to provide feedback and address any areas needing improvement. There are no evaluation forms or standard processes defined for this evaluation since it is ad hoc. Annual Evaluation Session: This annual meeting should be scheduled in January, February and March of each year, or as directed by Council. It also marks the beginning of the next evaluation cycle. This evaluation is regularly -scheduled and follows this process: 5 86 Self -Evaluation: The employee shall complete a self -evaluation using his/her respective blank evaluation form as a guide. He/she may write comments rather than use the rating system if he/she so chooses. It is the responsibility of the employee to complete and distribute hard copies of these self -evaluation reports to the council members no less than two (2) weeks prior to the actual Annual Evaluation Session. 2. Council Evaluation: No less than two (2) weeks prior to the employee's evaluation date, the City Clerk will provide the necessary blank evaluation forms to the City Council. The tabulation of the council members' scoring and comments will be assigned to two appointed council members; these two people form the tabulation team. Completed evaluation forms should be turned in to the tabulation team no less than three (3) days prior to the Annual Evaluation Session. 3. Evaluation Tabulation: The tabulation team will tally and average the scores, and combine all comments anonymously onto one tabulated evaluation form. This tabulated form should be made available for Council members at the Annual Evaluation Session. 4. Evaluation & Goal Setting In Executive Session: The Annual Evaluation Session will be held in Executive Session and the time scheduled for the Evaluation Session should be sufficient to do the job in a professional manner. "Round Robin" comments by Council members are permitted. It is also during the Annual Evaluation Session that the employee's goals are discussed and agreed upon by all parties. 5. Finalizing Evaluation & Goals With Employee: Within one (1) week of the Annual Evaluation Session, the tabulation team should create a final draft of the employee's tabulated evaluation form that also includes the agreed -upon goals, tabulated score, and comments, and should meet with the employee to review. At this meeting, the tabulation team and the employee will sign the document as an acknowledgement of the understanding. The final step will be for Council to determine any personnel decisions as a result of the evaluation, to conduct an assessment of the evaluation process and suggest amendments to the procedures, if necessary. At the conclusion of the current evaluation, the next evaluation cycle automatically begins. DISPOSITION OF EVALUATION FORMS Certain information concerning the performance of an individual being evaluated under these procedures is not a public record, except as described in this section, and is not subject to disclosure under AS 40.25. Individual Council evaluation forms and the employee's self -evaluation forms are to be destroyed after executive session by the tabulation team. These forms are not considered a public record. Overall tabulation forms and criteria forms are considered a public record, as well as these procedures and shall be maintained in the employee's contract folder. [See Appendices for City Manager, City Attorney and City Clerk evaluation forms.] 0 87 RULE 17. GIVING DIRECTION TO APPOINTED OFFICIALS (Located in 2.10.115) The Manager, Clerk and Attorney work for the Council as a body and may not take direction from any individual member of the Council if doing so would conflict with the wishes of the majority. Generally, requests for research or drafting of ordinances, resolutions or other documents should be made at a meeting or work session to give dissenting members of the Council an opportunity to object to the request and to assure the appointed official that the direction given is supported by a majority of Council. RULE 18. FORMS OF ADDRESS (Located in 2.10.096) The Mayor shall be addressed as "Mayor (surname)", "Your Honor", "Mr./Madam Chairman" or "Mr./Madam Mayor". The Vice Mayor, when acting for the Mayor, shall be addressed as "Vice Mayor (surname)" or "Mr./Madam Chairman". Members of the Council shall be addressed as "Council Member (surname)". RULE 19. SEATING ARRANGEMENT (Located in 2.10.020 C) Council Members shall occupy their respective seats in the Council Chamber assigned to them by the Mayor. Such seats shall be assigned so that the Vice Mayor sits on the left hand of the Mayor and other members are seated in order of seniority with those newest Council Members filling the outermost seats on the dais. RULE 20. CONFLICTS OF INTEREST (Located in 2.10.046) (a) Conflict of Interest Defined. A conflict of interest exists whenever a Council Member has a direct or indirect substantial financial interest in the outcome of a vote or decision of the Council. No member of the Council may discuss or vote on any question in which the member has such a direct or indirect substantial financial interest. [SCC § 2.10.035 C.] (b) Obligations of Council Members Procedure: Language should be retained as a process. (1) A Council Member should disclose any potential conflict of interest, no matter how remote, and ask the Presiding Officer to rule on whether a conflict does exist. This disclosure should be made prior to discussion or vote on the issue. The Presiding Officer will then rule whether a conflict of interest sufficient to disqualify the Council Member from participating in the matter then before Council does exist. (2) Once the Presiding Officer rules on the question of conflict, any member of the Council disagreeing with the ruling so given may appeal the ruling of the Presiding Officer. The Council Member would say: "I appeal the ruling of the Chair." This motion requires a second and is debatable. The motion to be voted on would read: "Shall the decision of the Chair stand?" A majority of YES votes or a TIE vote would uphold the chair. Only a majority of NO votes could 7 88 overturn the ruling of the Chair. The Council Member affected may not vote on such determination. [Charter 3.5L] (3) Anyone seeking to disqualify a Council Member from participating in a decision on the basis of a perceived conflict of interest which has not been declared must raise the challenge as soon as the basis for disqualification reasonably should have been made known prior to the onset of debate and vote. The party seeking to disqualify the Council Member shall state with specificity the basis for disqualification. The Presiding Officer would then rule on the potential conflict of interest as outlined in subsection (1) above. This ruling by the Presiding Officer may be challenged as outlined in subsection (2) above. (c) Public Official Financial Disclosure Statement. The Clerk maintains a file containing statements of intent to do business with the City. Annual financial disclosure statements are required to be submitted by all members of Council, the Planning & Zoning Commission, and the City Manager by April 151h of the following year. This file is available for inspection by the public. (d) Conflict of Interest, Generally. It should be remembered that the purpose of the conflict of interest law is to provide for the full public disclosure of any financial interest in a decision before the Council. Therefore, once the public disclosure is made and the Presiding Officer has ruled, and provided that this finding has not been overturned by the Council, any action taken by the Council in accordance with this ruling will probably be upheld by the Courts even if it is later proven that the ruling was in error. RULE 21. MAYOR AND COUNCIL COMPENSATION (Located in 2.10.125) (a) Council Members are compensated for service on the City Council as follows: (1) The Mayor is compensated at the rate of $300 per month; and (2) Each Council Member is compensated at the rate of $200 per month. (b) Compensation is paid quarterly in January, April, July and October of each year and covers service for the three preceding months. Council compensation checks are issued with the first employee payroll of the month following the quarter for which compensation is due. [SCC §2.10.100] RULE 22. RETIREMENT BENEFITS (Located in 2.10.125 C) (a) Public Employees Retirement SystemPERS). Effective 2004, City Council Members are not eligible to participate in the Public Employees' Retirement System of Alaska (PERS). (b) Social Security and Medicare. The City opted out of the Social Security Program in 1981. In April 1986, changes in Social Security regulations required employees of the City to participate in the Social Security Medicare Tax at a rate of 1.45%. In April 1991, additional changes to Social Security regulations required employees not currently enrolled in an approved retirement system (such as PERS) to pay the full Social Security Tax rate of 7.65%. 89 RULE 23. RECOGNITION UPON RETIREMENT FROM COUNCIL (Located in 2.10.105) Council Members who retire from service on the Council after one term or who are not re-elected following their first term of office will receive a plaque in recognition of their service to the City. Council Members who retire or fail to be re-elected after two or more terms on the City Council will receive an engraved gold pan in recognition of their service. A Mayor who retires or fails to be re-elected will receive a plaque bearing a gavel in recognition of their service to the City. RULE 24. RULES OF ORDER (Located in 2.10.086) Rules of Order not specified by statute, ordinance, or resolution shall be governed by Robert's Rules of Order Newly Revised. The City Clerk or designee shall serve as parliamentarian and shall advise the Presiding Officer as to correct rules of procedure or questions of specific rule application. [SCC §2.10.065 A. and Appendix A-14 and A-15] RULE 25. MOTIONS (Located in 2.10.046 D & 2.10.081) All ordinances, resolutions, contracts and items of business that require Council approval shall be in the form of an affirmative motion. The affirmative vote of four members of the Council is required for the passage of any motion of Council unless otherwise noted in the City Code or in these Rules of Procedure. [SCC § 2.10. 040 B.] RULE 26. ORDER OF BUSINESS (Located in 2.10.066) (a) The order of business for the regular meetings of the City Council is as follows: I. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have si,-ned in will be -iven the first opportunity to speak. Time is limited to three (3) minutes per speaker and thirty-six (36) minutes total speakinz time for this azenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Azenda passes all routine items indicated by asterisk M. Consent Azenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Re,-ular Azenda.l 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards B. Borough Assembly Report C. City Manager's Report D. City Attorney's Report 0 90 E. Other Reports and Announcements [Reports must be submitted to the city clerk no later than noon on the Tuesday preceding the Monday meeting for inclusion in the packet. Five (5) minutes speaking time will be allowed for each report.] 1. Port and Commerce Advisory Board 2. Planning and Zoning Commission 3. Historic Preservation Commission 4. Seward Bear Creek Flood Service Area Board 5. Chamber of Commerce Report F. Presentations %Presentations are limited to ten (10) minutes each, excluding O&A, and are limited to two per meeting unless increased by council. 7. PUBLIC HEARINGS Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.1 A. Ordinances for Public Hearing and Enactment B. Resolutions Requiring Public Hearing C. Other Public Hearing Items 8. UNFINISHED BUSINESS A. Items not Completed from Previous Agenda B. Items Postponed from Previous Agenda C. Items for Reconsideration D. Other Unfinished Business Items 9. NEW BUSINESS A. Ordinances for Introduction B. Resolutions C. Other New Business Items 10. INFORMATIONAL ITEMS AND REPORTS [No action required] 11. CITIZEN COMMENTS 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. EXECUTIVE SESSION 14. ADJOURNMENT (b) Consent Agenda. Those items on the council agenda which are considered routine by the City Manager and the City Clerk shall be indicated by an asterisk on the agenda. Unless the Mayor or a Council Member specifically requests that such an item on the consent agenda be considered under the regular meeting agenda, and thus removed from the consent agenda and considered separately on the regular agenda, these items so designated shall be approved, adopted, accepted, etc. by motion of the Council to approve the agenda and consent agenda. Those items so approved shall appear in the Council minutes as if acted upon individually. The Clerk shall read into the record the consent agenda, including the titles of any ordinances or resolutions contained therein. [SCC § 2.10.055 B.] (c) Agenda items. The procedure for agenda items are as follows: 1. The Presiding Officer introduces the agenda item. 2. The Presiding Officer inquires if there is a motion by any Council member. If a motion is made, it shall be in the form of an affirmative motion. 10 Following the motion and its second, the Presiding Officer calls upon the City Manager to describe the matter under consideration. 4. If applicable, the Presiding Officer opens the public hearing and follows the public hearing procedure outlined in Rule 27. The Presiding Officer asks if there is any discussion among Council members. The Presiding Officer may call on individual Council members in the discussion. The Presiding Officer inquires if there is any further discussion by the Council members. 6. The Presiding Officer inquires if there are any final comments or recommendations from administration. 7. The Presiding Officer inquires of the Council members as to whether they are ready for the question. 8. The Clerk shall conduct a roll call vote. RULE 27. ADDRESSING THE COUNCIL BY THE PUBLIC (Located it in 2.10.091) (a) Generally. A person desiring to address the Council shall first secure the permission of the Presiding Officer to do so, shall approach the podium before the Council and give their name, state whether they are a resident of Seward in an audible tone of voice for the record, and, unless further time is granted by the Presiding Officer, shall limit their address to the time limits specified below. All remarks shall be addressed to the Council as a body and not to any member thereof. No person other than a Council Member and the person having the floor shall be permitted to enter into any discussion without permission from the Presiding Officer. Citizens giving testimony may not ask questions of a Council Member, the Mayor or the city staff. However, Council Members or the Mayor may ask questions of citizens giving testimony, and the time allotted to a citizen for public testimony shall be extended automatically to provide additional time which is reasonably sufficient to answer all questions posed. All items presented by a citizen during public testimony for consideration by the Council shall be retained by the City Clerk. Written testimony may be filed by submitting said statement to the City Clerk at or before the time scheduled for the public hearing or discussion of the item. No person or group shall disrupt a Council meeting. [SCC § 2.10.070] (b) Public Hearings. The procedures for a public hearing are as follows (Resolution 2014-021): (1) A sign -in sheet shall be provided for those wishing to address the Council under "Public Hearings". Prior to the start of the public hearing, the Presiding Officer will first recognize those whose names appear on the sign -in sheet. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing all persons who have signed in and wish to be heard shall be heard. Those testifying under public hearings must limit their comments to 5 minutes. No person who has previously spoken during the public hearing on a particular item may speak again unless all other persons desiring to give testimony at the public hearing have spoken. A person speaking for a second time shall limit their testimony to not more than one minute. 11 rya (2) The Presiding Officer introduces the agenda item. (3) The Presiding Officer inquires if there is a motion by any Council member. If a motion is made, it shall be in the form of an affirmative motion. (4) Following the motion and its second, the Presiding Officer calls upon the City Manager to describe the matter under consideration. (5) The Presiding Officer opens the public hearing, and announces the following Rules of Order: (a) All comments by proponents, opponents, or the public shall be made from the speaker's podium and any individual making comments shall first give their name, state whether they are a resident of Seward in an audible tone of voice for the record, and shall limit their remarks to 5 minutes. This is required because an official record of the public hearing is being made. No comments shall be made from any other location except the podium, and anyone making "out of order" comments may be subject to removal from the meeting. (b) There will be no demonstrations during or at the conclusion of anyone's presentation. (c) These rules are intended to promote an orderly system of holding a public hearing, to give every person an opportunity to be heard, and to ensure that no individual is embarrassed by exercising their right of free speech. (6) The Presiding Officer opens the floor to those on the sign -in sheet in the order which they appear on the sheet. (7) The Presiding Officer calls for additional comments from the audience. (8) The Presiding Officer closes the public hearing. (9) Following the public hearing, discussion occurs among Council members. The Presiding Officer may call on individual Council members in the discussion. The Presiding Officer inquires if there is any further discussion by the Council Members. (10) The Presiding Officer inquires if there are any final comments or recommendations from administration. (11) The Presiding Officer inquires of the Council Members as to whether they are ready for the question. (12) The Clerk shall conduct a roll call vote. (c) Citizen Comments and Discussion. Members of the public or their authorized representatives may address the Council by oral communications on any matter concerning the City's business or any matter over which the Council has control. There shall be two opportunities provided for such comments: 12 ON (1) Citizen comments on agenda items not scheduled for public hearing. The Clerk shall make available sign -in sheets on which persons desiring to speak during this time may indicate their desire to do so. All presentations under this agenda item shall be limited to three minutes per person and shall also be limited to a total speaking time of not more than thirty-six (36) minutes. (2) Citizen comments. This agenda item shall appear at the end of the agenda following all action items. Comments concerning any item over which the Council has control may be made. All presentations under this agenda item shall be entitled to five minutes per person unless otherwise stated by the Mayor or the Presiding Officer. Each person shall have only one opportunity to speak under this agenda item. (d) Spokesperson for a Group of People. When any group of people wish to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council, and in that case, if additional members of the same group are to be presented at that time, to limit the number of people so addressing the Council so as to avoid repetition before the Council. RULE 28. VOTING (Located in 2.10.046) The votes during all meetings of the Council shall be transacted as follows: (a) All votes shall be taken by roll call vote. The order of the roll call vote shall be altered for each vote. [SCC § 2.10. 035] (b) Each member shall answer by the word "yes" or "no." (Ord 2019-001) (c) Every member who is in the Council Chambers when the question is put to vote shall give their vote unless the Council Member is excused in accordance with Rule 20. (d) The passage of any ordinance, resolution or other action of the Council shall require the affirmative vote of at least four members of the Council. (e) The passage of a motion to reconsider shall require the affirmative vote of 2/3 of those members present. (f) The passage of any public emergency ordinance shall require the affirmative vote of all members present or the affirmative vote of three -fourths of the total membership of the Council, whichever is less. An emergency ordinance may not be used to levy taxes, to grant, renew or extend a franchise or to regulate a charge for a city service. Emergency ordinances are effective for sixty days. RULE 29. COMMITTEES Will be in Chapter 2.30 The Mayor may appoint standing committees of the Council as necessary or desirable and may appoint ad hoc committees to address specific topics. The Council may also meet in work sessions as a committee of the whole: 13 94 (a) Committee of the Whole. The Council may meet as a Committee of the Whole composed of the entire council sitting as a legislative study committee. The Committee of the Whole shall not take any official action while in committee. The Mayor chairs the Committee of the Whole. (b) Special Ad Hoc Council Study Committees. Special Ad Hoc Council study committees may be created by the Council for a particular purpose, or when the issue is so complex and time consuming that it cannot be reasonably handled at a Council meeting. Council study committees shall consist of no less than 3 Council Members appointed by the Mayor. Special council committees shall sunset at the end of their mission, but no later than the end of each fiscal year unless specifically continued by the Council thereafter for a specified time period. (c) Council Liaisons. In order to build additional Council expertise in various areas of city operations, the Presiding Officer may appoint one Council Member to serve as a liaison to the Planning and Zoning Commission. These appointments shall be made at the Council's organizational meeting in October. If appointed, the council representative to the Kenai Peninsula Borough Economic Development District shall serve as liaison to the Port and Commerce Advisory Board. If council liaisons were not appointed, a member of each Board and Commission will arrange to give periodic reports to the City Council during Council's regular scheduled meetings. (d) Special Ad Hoc Citizen Advisory Committees. Special Ad Hoc Citizen Advisory Committees may be created by the Council for a particular purpose. Committee members shall be appointed by the Mayor, with the advice and consent of the Council. The Mayor shall appoint the chair of the committee. Citizen study committees shall sunset at the end of their mission, but no later than the end of each fiscal year unless specifically continued by the Council thereafter for a specified time period. One Council Member, and one alternate Council Member, may be appointed as a member and liaison of a citizen advisory committee. (e) Committees may make recommendations on proposed programs, services, ordinances, and resolutions within their area of responsibility before action is taken by the Council. The Committee Chair may present the recommendations of the committee during the discussion of the item of business. (f) Employees shall staff the various committees as directed by the City Manager, but no staff person shall serve as a voting member of a council or citizen study committee. (g) Minutes need not be taken of committee meetings. RULE 30. ENACTED ORDINANCES, RESOLUTIONS AND MOTIONS will be in Chapter 2.15 (a) Ordinance. An enacted ordinance is a legislative act prescribing general, uniform, and permanent rules of conduct relating to the corporate affairs of the municipality. Council action shall be taken by ordinance when required by law, or to prescribe permanent rules of conduct which continue in force until repealed, or where such conduct is enforced by penalty. (b) Resolution. An enacted resolution is an internal legislative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution 14 4 when required by law and in those instances where an expression of policy more formal than a motion is desired. (c) Motion. An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law. RULE 31. RESOLUTIONS The procedure for resolutions is as follows: Will be in Chapter 2.15 A resolution may be voted on the same day it is introduced. Most resolutions take effect the day they are passed, except that those involving property transactions become effective thirty (30) days after passage, and those establishing rules and regulations affecting the public become effective not less than ten (10) days after passage. The title of each resolution shall in all cases be read prior to its passage. (NOTE: The titles of all resolutions passed on the consent agenda are read following passage.) Printed copies of resolutions shall be made available at the Council meeting for public inspection. Resolutions approving property transactions and resolutions adopting the city budgets require properly advertised public hearings prior to adoption. [SCC § 2.15] RULE 32. ORDINANCES The procedure for ordinances is as follows: Will be in Chapter 2.15 (a) With the exception of emergency ordinances as provided below, no ordinance may be put to vote on the same day that it is introduced. An ordinance may be sponsored by the City Manager, City Clerk, City Attorney, one of the boards or commissions, the Mayor or any member of Council. However, no ordinance may be prepared by staff for presentation to the Council unless ordered by a majority vote of the Council or requested by the City Manager or prepared by the City Attorney or City Clerk on their own initiative. Ordinances are generally introduced on the consent agenda and are then carried forward to the next regular meeting for public hearing and a vote on enactment. The notice of the public hearing must be advertised in a newspaper of local circulation at least 5 days before the hearing. Prior to opening the hearing, the title of the ordinance must be read in full. Printed copies of the ordinance shall be made available at the Council meeting and in the office of the City Clerk prior to the meeting. Following public hearing, the Council may discuss and consider a vote on enactment of the ordinance. Ordinances take effect not less than 10 days following enactment unless they are exceptions stated in SCC § 2.15.050. [SCC § 2.15.015 and § 2.15.035 A] (b) Emergency Ordinances. No ordinance shall be passed at the same meeting at which it is introduced unless an emergency is declared to exist by the Council. Any ordinance declared by the Council as being necessary as an emergency nature for preserving the public health, welfare and safety must contain a statement of the facts upon which the emergency finding is based. This exception shall not be employed for the sole reason that the rules for introduction, reading, etc. of legislation are waived to permit passage on the first reading due to the existence of an emergency. The ordinance may be enacted, amended and enacted, or rejected at the meeting at which it is introduced. The affirmative vote of all members present, or the affirmative vote of three -fourths of the total membership, whichever is less, is required for enactment. The City Clerk shall print and make available copies of 15 41- enacted emergency ordinances and provide for posting and publication as set forth in SCC § 2.15.035 D. An emergency ordinance may not be used to levy taxes; to grant, renew or extend a franchise; or to regulate a charge for a city service. Emergency ordinances take effect immediately for a period of sixty days. (c) A Council Member may, in open session, request of the Presiding Officer that Council study the wisdom of enacting a particular ordinance. By affirmative motion, the Council may assign the proposed ordinance to a specific board or commission or the committee of the whole for study and consideration. The committee shall report its findings to the Council. (d) If a motion to pass an ordinance fails, the ordinance shall be considered lost. (e) Any ordinance amending or repealing any portion of the Seward City Code shall also amend or repeal the respective portions of any underlying ordinance(s). RULE 33. PERMISSION REQUIRED TO ADDRESS THE COUNCIL Persons other than Council Members and management shall be permitted to address the Council only upon recognition and introduction by the Presiding Officer as specified in Rule 27. RULE 34. RECONSIDERATION (Located in 2.10.086) (a) A motion to reconsider may be applied to any ordinance, resolution or action of the Council and has precedence over all motions except the motion to adjourn. A Council Member may make a motion to reconsider only if they voted on the prevailing side of the question to be reconsidered and if they make the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken or if the Council Member files a written notice of intent to reconsider no later than 5:00 p.m. on the first business day following the day on which the vote was taken. The Council Member may file by telephone provided that the notice of intent to reconsider is signed before the motion is reconsidered. A motion for reconsideration requires a 2/3 vote to carry. If a motion to reconsider a particular ordinance, resolution or other action fails, a second motion to reconsider the same action shall not be in order. [SCC § 2.10.065 E.] (b) The following motions may not be reconsidered: (1) A motion which can be renewed within a reasonable time; (2) An affirmative vote whose provisions have been partly carried out; (3) An affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome; (4) Any vote which has caused something to be done which it is impossible to undo; (5) A vote on a motion to reconsider; or 16 97 (6) When practically the same result, can be obtained by some other parliamentary motion. RULE 35. COUNCIL RELATIONS WITH BOARDS, COMMISSIONS AND ADVISORY COMMITTEES Will be in Chapter 2.30 Note: minutes are in 2.10.066 (a) Generally. All statutory boards and commissions and Council -appointed citizen advisory bodies shall provide the Council with copies of any minutes taken of meetings. Full agenda packets for each of the Council's statutory boards and commissions shall be provided to the Council electronically. At the annual organizational meeting of the City Council in October, the Mayor shall appoint a Council liaison to the Planning and Zoning Commission and to any other board(s) as the Council may desire, or designate a member of the Board or Commission to give periodic reports to the city council. Currently, there are three statutory boards appointed by the Council: (1) Planning and Zoning Commission (2) Port and Commerce Advisory Board (3) Historic Preservation Commission (b) Appointment Procedures. See Rule 38. (c) Reports to Council: (1) Planning and Zoning Commission. The Council liaison to the Planning Commission shall make regular reports to the Council regarding the activities of the Planning Commission. In addition, the Council shall meet in a joint work session with the Planning Commission in March of each year to discuss any areas of mutual interest. (2) Port and Commerce Advisory Board. The Port and Commerce Advisory Board makes quarterly reports to the Council and must, by Code, report annually at the first meeting of the fiscal year. Absent an affirmative vote of the Council at the first meeting of the fiscal year to continue the Board, the Board will dissolve within 30 days. RULE 36. COMPLAINTS AND SUGGESTIONS TO COUNCIL When citizen complaints or suggestions are brought before the City Council, other than for items already on an agenda, the Presiding Officer shall first determine whether the issue is legislative or administrative in nature and then: (a) If legislative, and if the Council finds such complaint suggests a change to an ordinance or resolution of the City or the enactment of a new ordinance or resolution, the Council may refer the matter to a board or commission, the Administration or the Council of the whole for study and recommendation. (b) If administrative and regarding administrative staff performance, administrative execution or interpretation of legislative or administrative policy within the authority of the City Manager, the Presiding Officer should then refer the complaint directly to the City Manager for review. The City Manager shall provide the Council with a copy of any written response to the complainant. 17 98 RULE 37. FILLING COUNCIL VACANCIES (Located 2.10.056) If a vacancy occurs in the office of Council Member, the Council may elect some qualified person to fill such vacancy, the person elected shall hold office until a successor is elected at the next regular election and properly qualified. In order to fill the vacancy with the most qualified person available until an election is held, the Council will widely distribute and publish a notice of the vacancy, the procedure and any application form for applying. Each applicant will make a presentation to the Council regarding their qualifications to serve. The Council will then vote and sign ballots provided by the City Clerk. The City Clerk will read each ballot aloud, will tabulate the votes and announce the results to the Council. The Council may then, by motion and voice vote, affirm the appointment of the candidate receiving the highest number of votes (must have at least 4 per SCC 2.10.050). For time frames during a recall of an elective officer, and when vacancies can be filled, see City Charter sections 2.12 and 2.13. RULE 38. FILLING BOARD AND COMMISSION VACANCIES I will be in Chapter 2.30 The City Clerk shall advertise vacancies on the Council's various boards and commissions no later than 30 days prior to the appointment date and shall forward a copy of this notice, along with the appropriate application form, to each board or commission member whose term is about to expire. The Clerk shall include a copy of each completed application and conflict of interest statement (if applicable) in the Council packet. Each applicant for a position on a Council appointed board or commission, shall make a brief presentation to the City Council regarding their qualifications and reasons for wishing to serve. The Clerk shall provide ballots containing the names of all applicants to the Council. Each Council Member shall vote a ballot, marking a number of names totaling the number of vacant seats to be appointed, and shall sign the ballot in the space provided and shall forward all ballots to the Clerk for counting and tabulation. The Clerk shall read the votes aloud and announce to the Council the number of votes cast for each applicant. The Council shall declare the vacancies filled by those applicants receiving the highest numbers of votes. In the event the number of applicants equals the number of vacant seats, the Council may move to appoint each of the applicants to a seat on the board or commission rather than proceeding with the ballot process. Language should be retained as a RULE 39. COUNCIL TRAVEL process. The Council may appropriate funds for Council travel in the Mayor/Council department of the annual City budget. Any Council Member who desires to expend Council travel funds shall complete the regular City Travel Authorization Form available in the Clerk's Office [Appendix A-2]. Upon their return, the Council Member must file all receipts for travel with the City Clerk and must sign a completed Travel/Expense Report Form [Appendix A-3]. The receipts and reimbursement form will then be forwarded to the Finance Department for processing, and payment will be made to the requesting party. Prior notice of all elected and appointed official travel must be given to the City Council. A written or oral report must be given to the Council following any such City -funded travel. [Resolution No. 96-088] RULE 40. LOBBYING Language should be retained as a process. When necessary to further the city's lobbying efforts in Juneau or elsewhere, the Mayor shall represent the Council unless, in the opinion of the Council, another member of the elected body or one of its appointed boards or commissions would better represent the position of the city with respects to a IV 99 particular issue. In any case, anyone representing the city in its lobbying efforts shall present a full report of their trip to the Council at its next regular meeting. In addition, they shall comply with the provisions of Rule 39. Language should be retained as a RULE 41. BUDGET PROCESS process. In September of each odd year, the Council shall meet in a work session with the City Administration to outline the budget policies and priorities for the two upcoming fiscal years. In accordance with these policies and priorities, the City Manager shall develop and present to the Council a budget proposal for the next two fiscal years at least 45 days prior to the next even fiscal year (November 16th). The Council shall schedule work sessions and public hearings as appropriate and shall make any adjustments it feels are warranted and shall adopt the budgets of the City at a regular meeting held not less than ten (10) days prior to the end of the fiscal year (December 21s') (this is usually the first regular meeting in December). [Charter Chapter 6; SCC§ 5.05.15] Language should be retained as a RULE 42. BOARD OF ADJUSTMENT process. The City Council is designated to be the Board of Adjustment for the City and the Mayor is designated the Chairperson of the Board of Adjustments. An appeal hearing conducted by the Board of Adjustment is held on the basis of the record established before the commission or other body and the record on appeal. The Council may allow for oral presentations by the administration and the appellant; however, no new evidence may be received or considered by the Board of Adjustment hearing the appeal [SCC § 2.10.080 and §15.10.415]. 19 fNIH City of Seward,, Alaska City Council Rules of Procedures Adopted March 14, 1994 As Amended through February 10, 2020 FOREWORD Adopted on March 14, 1994 by the Seward City Council, the Rules of Council Procedure is a set of formal rules to guide the Council, Boards and Commissions and Administration in carrying out the public process. This manual contains the full text of the Rules of Procedure, as amended. However, it no longer contains copies of the Council's adopted plans. If you need copies of the following or other plans, please contact the City Clerk's Office: 1. Lease Procedures 4. Boat Harbor Management Plan 2. Parks & Recreation Master Plan 5. Historic Preservation Plan 3. 2030 Comprehensive Plan 6. Municipal Land Management Plan CITY COUNCIL Mayor Christy Terry Vice Mayor Sue McClure Council Member Sharyl Seese Council Member John Osenga Council Member Dale Butts Council Member Tony Baclaan Council Member Julie Crites COUNCIL STAFF City Clerk Brenda Ballou, MMC City Manager Scott Meszaros City Attorney Birch Horton Bittner & Cherot TABLE OF CONTENTS PAGE INTRODUCTION i PLANNING & ZONING COMMISSION HISTORIC PRESERVATION COMMISSION iii PORT AND COMMERCE ADVISORY BOARD iv SECTION I - GENERAL PROVISIONS RULE 1 COUNCIL MEETINGS - LOCATION 1 RULE 2 COUNCIL MEETINGS - TIME 1 RULE 3 COUNCIL MEETINGS - OPEN TO THE PUBLIC 1 RULE 4 ORGANIZATION OF COUNCIL 1 RULE 5 PRESIDING OFFICER 1 RULE 6 QUORUM 1 RULE 7 ATTENDANCE, EXCUSED ABSENCES 2 RULE 8 SPECIAL COUNCIL MEETINGS 2 RULE 9 COUNCIL MEETINGS - AGENDA 3 RULE 10 WORK SESSIONS 3 RULE 11 INTERFERENCE IN ADMINISTRATIVE SERVICE PROHIBITED 4 RULE 12 COUNCIL MAIL 4 SECTION II - APPOINTED OFFICIALS RULE 13 CITY MANAGER 5 RULE 14 CITY CLERK 5 RULE 15 CITY ATTORNEY 5 RULE 16 EVALUATION OF APPOINTED OFFICIALS 5 RULE 17 GIVING DIRECTION TO APPOINTED OFFICIALS 7 SECTION III - DUTIES, PRIVILEGES AND BENEFITS OF MEMBERS RULE 18 FORMS OF ADDRESS 8 RULE 19 SEATING ARRANGEMENT 8 RULE 20 CONFLICTS OF INTEREST 8 RULE 21 MAYOR & COUNCIL COMPENSATION 9 RULE 22 RETIREMENT BENEFITS 9 RULE 23 RECOGNITION UPON RETIREMENT FROM COUNCIL 10 SECTION IV - COUNCIL PROCEDURES RULE 24 RULES OF ORDER 11 RULE 25 MOTIONS 11 RULE 26 ORDER OF BUSINESS 11 RULE 27 ADDRESSING THE COUNCIL BY THE PUBLIC 13 RULE 28 VOTING 15 RULE 29 COMMITTEES 16 RULE 30 ENACTED ORDINANCES, RESOLUTIONS AND MOTIONS 17 103 RULE 31 RESOLUTIONS 17 RULE 32 ORDINANCES 17 RULE 33 PERMISSION REQUIRED TO ADDRESS THE COUNCIL 18 RULE 34 RECONSIDERATION 18 RULE 35 COUNCIL RELATIONS WITH BOARDS, COMMISSIONS, AND 19 ADVISORY COMMITTEES RULE 36 COMPLAINTS AND SUGGESTIONS TO COUNCIL 20 RULE 37 FILLING COUNCIL VACANCIES 20 RULE 38 FILLING BOARD AND COMMISSION VACANCIES 20 RULE 39 COUNCIL TRAVEL 21 RULE 40 LOBBYING 21 RULE 41 BUDGET PROCESS 21 RULE 42 BOARD OF ADJUSTMENT 22 SECTION V - SPECIAL CONSIDERATIONS FOR COUNCIL MEMBERS CONFLICTS OF INTEREST 23 APPEARANCE OF FAIRNESS 23 OPEN PUBLIC MEETINGS 23 EXECUTIVE SESSIONS 24 FREEDOM OF INFORMATION 24 SECTION VI - CHECKLISTS FOR COUNCIL ACTION EQUAL PROTECTION CHECKLIST 25 SUBSTANTIVE DUE PROCESS CHECKLIST 25 PROCEDURAL DUE PROCESS CHECKLIST 25 DUE PROCESS CHECKLIST - LICENSES & PERMITS 26 DUE PROCESS CHECKLIST - ZONING 27 TAKING (INVERSE CONDEMNATION) CHECKLIST 28 GENERAL ORDINANCE ADOPTION CHECKLIST 28 SECTION VII - APPENDICES COUNCIL REQUEST FOR LEGAL SERVICES A-1 TRAVEL AUTHORIZATION A-2 TRAVEL - EXPENSE REPORT A-3 CITY ATTORNEY EVALUATION FORM A-4 CITY CLERK EVALUATION FORM A-17 CITY MANAGER EVALUATION FORM A-29 CHART OF PRECEDENCE OF MOTIONS B-1 CITY COUNCIL MOBILE USE POLICY C-1 LEGISLATIVE HISTORY D-1 104 INTRODUCTION Welcome to the Seward City Council. This packet of information has been put together by the City Clerk's office to assist you as you carry out the duties of your office. Many of the provisions set forth in the following pages have been taken from the Seward City Code. These are generally followed by a citation in brackets indicating the particular section of the Code which is being quoted or paraphrased, i.e., (SCC § 2.10.055).a Other provisions were approved by resolution when the Council Rules of Procedure were adopted, or have been included as general information. The City of Seward is a Home Rule city, founded in 1906 and incorporated in 1912. The Home Rule Charter was adopted in 1960. Alaska Statutes Title 29 governs the operations of Alaskan municipalities; however, as a home rule municipality, the City of Seward is not subject to all of the provisions of Title 29. (hi contrast, general law municipalities are bound by all of the limitations set forth in AS 29.) Regular city elections are conducted on the first Tuesday in October. The City Clerk coordinates the city election with the Kenai Peninsula Borough Clerk in order to lessen confusion for the voters and to save money for both the city and the borough. In 2017, the voters of Seward approved changing the terms of office for the Mayor and Council from two-year terms to three-year terms. (Resolution 2017-041) Occasionally, a vacancy occurs prior to the end of the Mayor or Council Member's term of office. In this case, the Council fills the vacancy until a successor is elected at the next regular election. If the vacancy occurs one year or more before the expiration of the term, the City Clerk advertises a one-year seat to be elected to fill the remainder of the term for that particular seat. In order to qualify for any elective office in Seward, a candidate must be registered to vote in city elections and must have lived in the City of Seward for at least one year prior to filing for office. The City Council enacts the laws of the City of Seward, approves the annual budgets of the city, sets city policy and serves as an appeal board for actions taken by city boards and commissions, and the city administration. In other words, the function of the City Council is to serve as the legislative body of the city. The city's administrative functions are carried out by the City Manager. It is sometimes difficult to grasp the difference in these two areas of responsibility. For instance, council sets policy when the budget is adopted for street plowing. However, it is up to the City Manager and their staff to determine who is going to do the plowing and which streets will be plowed first. There are three city boards and commissions that are appointed by and report to the City Council, which include: Planning & Zoning Commission, Port & Commerce Advisory Board and Historic Preservation Commission. They are described on the following pages. The members of each are appointed to three- year terms. However, they serve at the pleasure of the Council and may be removed from a board or commission by the Council at any time before the expiration of their terms. a SCC = Seward City Code; §= Section Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 10, 2020 PLANNING & ZONING COMMISSION The Planning & Zoning Commission meets on the first Tuesday of each month. All commissioners must live within the City of Seward. If appointed at Council's organizational meeting in October, the council liaison to the commission attends the meetings and makes regular reports to Council regarding issues before the commission. If a council liaison is not appointed, the Commission will designate a member to give periodic reports to the Council at the regular scheduled meetings. Council also meets in an annual joint work session with the commission in March to address areas of mutual concern. Membership on the Planning & Zoning Commission is open to citizens of the City of Seward. The Planning & Zoning Commission performs the following duties: 1. Interprets the provisions of the zoning code and makes compliance determinations when requested by the Community Development Director; 2. Reviews and acts upon requests for variance permits, conditional use permits and other matters requiring consideration under the Seward zoning code; 3. Reviews the city comprehensive plan on an annual basis, conducts a minimum of one public hearing and forwards recommendations to Council for consideration; 4. Promotes public interest and understanding of comprehensive planning, platting, zoning, land management and other issues relating to community planning and development; 5. Acts in an advisory capacity to the City Council regarding the zoning code, the comprehensive plan, official zoning map, official land use plan map and other duties as requested by the City Council; and 6. Acts in an advisory capacity to the Borough Planning Commission regarding subdivision plat proposals; right-of-way and easement vacation petitions; Borough Comprehensive Plan and Coastal Zone Management Plan development, updates and amendments; and city comprehensive plan amendments not otherwise delegated to the City of Seward. 7. Shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from Council. 8. Shall adopt and adhere to the rules outlined in this document as for council. 11 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 10, 2020 fd1Z'd HISTORIC PRESERVATION COMMISSION The Historic Preservation Commission is required to meet at least twice each year. Currently, the Commission meets on the third Wednesday of each month. Membership on the Historic Preservation Commission is open to citizens of the City of Seward and surrounding areas. The Historic Preservation Commission has the following duties: 1. Surveys and inventories community historic resources; 2. Reviews proposed nominations to the National Register of Historic Places; 3. Provides advice and information regarding the identification and protection of local historic and archaeological resources; 4. Supports the enforcement of state and local historic preservation laws; 5. Reviews and makes recommendations about local projects; 6. Develops a local historic plan; and 7. May give periodic reports to the City Council at Council's regular scheduled meetings. 8. Shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from Council. 9. Shall adopt and adhere to the rules outlined in this document as for council. iii Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 10, 2020 111YA PORT AND COMMERCE ADVISORY BOARD The Port and Commerce Advisory Board meets on the first and third Wednesday of each month. If appointed at Council's organizational meeting in October, the council's representative to the Kenai Peninsula Economic Development District (KPEDD) is the liaison to this board, attends its meetings, and reports regularly to Council regarding its activities. If a liaison was not appointed, a member of this board will be appointed to give periodic reports to the city council. The Port and Commerce Advisory Board will automatically dissolve if not continued by the affirmative vote of the Council at its first meeting of the fiscal year. Membership on the Port and Commerce Advisory Board is open to citizens of the City of Seward and surrounding areas. The Port and Commerce Advisory Board has the following duties: 1. Reports annually to Council at the first Council meeting of the new fiscal year and at any other time as may be requested by Council; 2. Makes recommendations to Council concerning the design and coordination of projects to promote and develop transportation, trade, energy and commerce throughout Seward; 3. Provides input to Council on policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest; 4. Advises Council on matters involving the establishment of support services towards the objectives outlined in SCC 2.30.325(2) and (3); 5. Performs other duties as requested by Council; and 6. Shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from Council. 7. Shall adopt and adhere to the rules outlined in this document as for council. lv Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 10, 2020 108 SECTION I - GENERAL PROVISIONS RULE 1. COUNCIL MEETINGS — LOCATION (2.10.030) All regular meetings of the City Council are held in the Council Chambers in the Seward City Hall or at such other place as may be determined by the City Council upon consideration of the reasonable accommodation of the public as specified in [SCC § 2.10.030 A. L] RULE 2. COUNCIL MEETINGS — TIME (2.10.030) The regular meetings of the City Council are held on the 2nd and 41h Mondays of each month at 7:00 p.m. As specified in SCC § 2.10.031, all regular and special meetings of the Council must adjourn no later than 11:00 p.m. The Council may not adjourn prior to 11:00 p.m. unless all presentations and comments by members of the general public have been heard. By a vote of council, the time for conclusion of legislative business and adjournment may be extended to 12:00 a.m. [SCC § 2.10.031] RULE 3. COUNCIL MEETINGS - OPEN TO THE PUBLIC (2.10.027) All meetings of the City Council and its boards and commissions are open to the public, except as provided for in SCC § 2.10.030 B (Executive Sessions.) The public must be given a reasonable opportunity to be heard at all regular and special meetings in accordance with SCC § 2.10.030 A. RULE 4. ORGANIZATION OF COUNCIL (2.10.020) The City Council must meet and organize not later than 30 days after each regular city election. At this organizational meeting, the Council elects one of its members to act as Vice Mayor in the absence of the mayor. In addition, the Mayor may appoint the council liaison to the Planning Commission and the council representative to the Kenai Peninsula Borough Economic Development District. [Rule 29(c) and SCC § 2.10. 020] RULE 5. PRESIDING OFFICER (2.10.025) The Mayor presides at all meetings of the Council and is recognized as the head of the City for all ceremonial purposes. The Mayor has no regular administrative or executive duties. In case of the Mayor's absence or temporary disability, the Vice Mayor acts as Mayor during the continuance of the absence. In case of the absence or temporary disability of the Mayor and the Vice Mayor, an Acting Mayor selected by members of the Council acts as Mayor during the continuance of the absences or disabilities. The Mayor or Vice Mayor is referred to as "Presiding Officer" from time to time in these Rules of Procedure. [SCC §2.10. 020 and § 2.10-025] RULE 6. QUORUM (2.10.051) At all meetings of the Council, four Council Members who are present and eligible to vote constitute a quorum for the transaction of business. In the absence of a quorum, any number less than a quorum may Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 MIR adjourn a meeting to a later date. (SCC § 2.10.040) A Council meeting adjourned under the previous provision is considered a regular meeting for all purposes. RULE 7. ATTENDANCE, EXCUSED ABSENCES (2.10.061) In the event any member of the City Council departs from the city with the intent of remaining absent for more than 90 days, or fails to attend meetings of the Council for a period of 90 consecutive days, or attends less than 5 of the meetings of the Council during any continuous period of 5 months, the Council may declare the office of such member vacant. Members of the Council may be excused from attending a meeting of the Council by complying with this section. The member must contact the City Clerk prior to the meeting and state the reason for their inability to attend the meeting. The City Clerk will inform the Presiding Officer of the request for excused absence prior to the meeting, and the Presiding Officer will rule whether the absence is excused or unexcused. When calling the roll for the meeting, the Clerk will indicate whether a member's absence was ruled to be excused or unexcused, and the Clerk will make an appropriate notation in the minutes. If another Council Member questions the member's absence, the Presiding Officer will inquire if there is a motion to excuse the member. This motion is non -debatable. Upon passage of such motion by a majority of members present, the absent member will be considered excused and the Clerk will make an appropriate notation in the minutes. [SCC § 2.10.050] RULE 8. SPECIAL COUNCIL MEETINGS (2.10.030) Procedures for setting a special meeting are as follows: (a) A special meeting may be called by the City Clerk on written request of the Mayor, City Manager or any 2 members of the City Council [SCC § 2.10.030 A.2.]; (b) Notice of the special meeting will be prepared in writing by the Clerk. The notice must contain the following information about the meeting: time, place, and business to be transacted; (c) The notice will be delivered by mail or personally to the residence or principal place of business of each Council Member, the City Manager, and the business office of each local newspaper and radio and television station. The notice must be delivered at least 24 hours prior to the meeting [Charter 3.5 and SCC § 2.10.032]; Notice delivered via e-mail and/or telephonically to media, each Council Member and the City Manager, and posted in three public places, at least 24 hours prior to the meeting, shall suffice as proper notice. (Ord 2019-001) (d) The notices provided in this section may be dispensed with in emergency situations provided that a quorum is present and all absent members have waived, in writing, the notice requirements of SCC §2.10.032. Waivers may be signed either before or after the time of the meeting; (e) No business may be transacted at any special meeting of the Council except that stated in the notice of meeting [SCC § 2.10.030 A.2.] 2 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 ifiN RULE 9. COUNCIL MEETINGS - AGENDA (a) All reports, ordinances, resolutions, contracts, documents or other matters to be submitted to the Council at the regular meeting must be submitted to the City Clerk not later than 12:00 p.m. on the Tuesday preceding the Monday meeting. The City Clerk prepares the agenda for all such matters according to the order of business, numbering each item consecutively. A copy of the agenda and supporting materials must be delivered to Council Members and the City Manager and made available to the press not later than 7:00 p.m. on the Saturday before the regular Council meeting. [SCC §2.10.055 D.] The agenda packet will be available for public inspection at 9:00 a.m. on the day of the meeting. In addition, the agenda will be published in the local newspaper on the Thursday prior to the meeting. (2.10.071) (b) Council Members who wish to add items to the agenda must present the item in writing to the City Clerk no later than 12:00 p.m. on the Tuesday preceding the Monday meeting. The Clerk will prepare the written agenda statement if notified by the Council Member prior to 12:00 Noon on the preceding Monday. (2.10.066 C) (c) The Council has the option of deleting any item from the agenda or deferring any item on the agenda to a subsequent Council meeting. Prior to voting on approval of the agenda, an agenda item may be deleted or deferred upon the request of a single Council Member if there is no objection from the remaining members. However, if any member objects, the member wishing to delete or defer an agenda item must so move. This motion requires a second and must receive four affirmative votes for approval. Agenda items may be moved from the consent agenda to the regular meeting agenda upon the request of any member of the Council. (2.10.066 B) (d) No matters other than those on the agenda may be finally acted upon by the City Council provided that matters that seem to be emergencies or of an urgent need by the Mayor or any Council Member or the City Manager, with an explanation of the emergency or urgency stated in open Council meeting, may, with the consent of the Council majority present, be considered and acted upon by the Council. [SCC § 2.10.055 E.] (e) There will be no more than two (2) presentations scheduled during each council meeting. Presentations will be added to the agenda on a first come, first served basis; in the event that there are already two presentations scheduled on any given agenda, the requestor will be provided with future date opportunities. There will be a ten minute time limit for presentations, for which the City Clerk will set the timer. (Res 2019-060) (2.10.091) RULE 10. WORK SESSIONS (2.10.030 D) Upon written request of the Mayor, City Manager or any two members of the City Council, the Council may hold work sessions for the purpose of planning, studying and discussing any question permitted by law. Work Sessions need have no formal agenda and may be conducted informally so long as such informality is not in conflict with these rules. No formal action may be taken by the Council on any matters discussed in the Work Session until the matter is placed on the Council agenda for a regular or special meeting. Work Sessions generally are held in the City Council Chambers; however, the Council may Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 ISE designate any other location for a particular work session provided that consideration is given to the reasonable accommodation of the public. [SCC § 2.10.030 A.4] RULE 11. INTERFERENCE IN ADMINISTRATIVE SERVICE PROHIBITED (2.10.110) No member of Council may direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the City Manager. No member of Council may interfere with the City Manager to prevent them from exercising their own judgment in the appointment of officers and employees in the administrative service. The Council and its members may deal with the administrative services solely through the City Manager and no member of the Council may give orders to any of the subordinates of the City Manager either publicly or privately. [SCC § 2.10. 090] RULE 12. COUNCIL MAIL (2.10.112) The City Clerk is authorized to receive and open all mail addressed to the City Council. A copy of all correspondence needing action must be immediately forwarded to the City Manager for timely attention to the end that all administrative business referred to in such communications, and not necessarily requiring Council action, may be disposed of between Council meetings. All action taken pursuant to such communications shall be reported to the City Council thereafter. Any communication needing Council action shall be reported to the City Council at the next regular meeting together with the report and recommendations of the City Manager. [SCC § 2.10.095] M Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IEVA SECTION II - APPOINTED OFFICIALS The following three city officials are appointed by and report directly to the City Council: City Manager, City Clerk, and City Attorney. They are employed under an employment agreement and are not subject to Title 3 of the Seward City Code. RULE 13. CITY MANAGER The City Manager, as the chief executive officer and head of the executive branch of the City government, or their designee, must attend all meetings of the Council unless excused by the Presiding Officer or Council. The City Manager may take part in the Council's discussion on all matters on the agenda and otherwise concerning the welfare of the City. In the event that the City Manager is unable to attend a council meeting, they will appoint another qualified staff member to attend the meeting on behalf of the City Management. All employees of the City, with the exception of the Attorney and the Clerk and their respective staffs, are appointed by and are responsible to the City Manager. RULE 14. CITY CLERK The City Clerk is the ex-officio Clerk of the Council and, in this role, keeps the official records of the Council meetings, acts as parliamentary advisor to the Council and performs such other duties in the meeting as may be required by the Mayor or the Council. hi the absence of the City Clerk, the Clerk will appoint another qualified staff member to act as Clerk of the Council. The Clerk administers all city elections, provides for the codification of all city ordinances, is the custodian of all city records and the city seal, provides administrative support to the Mayor and Council, attests all deeds and other documents of the City, and takes all oaths and affirmations as necessary. RULE 15. CITY ATTORNEY The City Attorney advises the City Council, the City Manager, and the City Clerk on all matters of law. The attorney drafts and assists in drafting ordinances, resolutions, contracts and agreements to be made or entered into by the City, and approves the form of all such instruments. They prosecute violators of the City Code and represent the City in all actions of law. Any Council Member seeking advice from the attorney which will require the expenditure of city funds must first complete a Request for Legal Services Form which must be approved by the City Council and filed in the office of the City Clerk. [Appendix A- IJ RULE 16. EVALUATION OF APPOINTED OFFICIALS PURPOSE OF EVALUATION The purpose of providing periodic evaluations of the City Attorney, City Clerk, and City Manager is: • To give the employee timely feedback on his/her performance and to identify areas in which he/she is doing well, along with areas in which improvement may be needed. Evaluation should lead to positive action. 5 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 MR • To clarify and strengthen communication between the employee and the Council as it relates to their respective expectations for their position. • To serve as a method for gathering data relevant to subsequent personnel decisions. STATEMENT OF CITY COUNCIL'S RESPONSIBILITIES Evaluating the performance of the City Manager, the City Clerk, and the City Attorney is a significant responsibility of the City Council. Conducting an effective evaluation is hard work, but it does not have to be a bad experience. With a clear procedure and open lines of communication, chances are good that the experience will result in a more productive working relationship. FREQUENCY AND TIMING OF EVALUATIONS Evaluation is an ongoing process. To be most beneficial, it is suggested that evaluation sessions be held at least annually. Nothing in these evaluation procedures precludes the Council from exercising its authority to appoint or terminate the services of the City Manager, the City Attorney, or the City Clerk; or to exercise its authority as set forth in any employment contract with said employees. OVERVIEW OF STEPS INVOLVED IN EVALUATION PROCESS Special Performance Evaluation Session: This ad hoc meeting may be scheduled at the will of the Council to provide feedback and address any areas needing improvement. There are no evaluation forms or standard processes defined for this evaluation since it is ad hoc. Annual Evaluation Session: This annual meeting should be scheduled in January, February and March of each year, or as directed by Council. It also marks the beginning of the next evaluation cycle. This evaluation is regularly -scheduled and follows this process: I. Self -Evaluation: The employee shall complete a self -evaluation using his/her respective blank evaluation form as a guide. He/she may write comments rather than use the rating system if he/she so chooses. It is the responsibility of the employee to complete and distribute hard copies of these self -evaluation reports to the council members no less than two (2) weeks prior to the actual Annual Evaluation Session. 2. Council Evaluation: No less than two (2) weeks prior to the employee's evaluation date, the City Clerk will provide the necessary blank evaluation forms to the City Council. The tabulation of the council members' scoring and comments will be assigned to two appointed council members; these two people form the tabulation team. Completed evaluation forms should be turned in to the tabulation team no less than three (3) days prior to the Annual Evaluation Session. 3. Evaluation Tabulation: The tabulation team will tally and average the scores, and combine all comments anonymously onto one tabulated evaluation form. This tabulated form should be made available for Council members at the Annual Evaluation Session. 6 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 ISE! 4. Evaluation & Goal Setting hi Executive Session: Executive Session and the time scheduled for the The Annual Evaluation Session will be held in Evaluation Session should be sufficient to do the job in a professional manner. "Round Robin" comments by Council members are permitted. It is also during the Annual Evaluation Session that the employee's goals are discussed and agreed upon by all parties. 5. Finalizing Evaluation & Goals With Employee: Within one (1) week of the Annual Evaluation Session, the tabulation team should create a final draft of the employee's tabulated evaluation form that also includes the agreed -upon goals, tabulated score, and comments, and should meet with the employee to review. At this meeting, the tabulation team and the employee will sign the document as an acknowledgement of the understanding. The final step will be for Council to determine any personnel decisions as a result of the evaluation, to conduct an assessment of the evaluation process and suggest amendments to the procedures, if necessary. At the conclusion of the current evaluation, the next evaluation cycle automatically begins. DISPOSITION OF EVALUATION FORMS Certain information concerning the performance of an individual being evaluated under these procedures is not a public record, except as described in this section, and is not subject to disclosure under AS 40.25. Individual Council evaluation forms and the employee's self -evaluation forms are to be destroyed after executive session by the tabulation team. These forms are not considered a public record. Overall tabulation forms and criteria forms are considered a public record, as well as these procedures and shall be maintained in the employee's contract folder. [See Appendices for City Manager, City Attorney and City Clerk evaluation forms.] RULE 17. GIVING DIRECTION TO APPOINTED OFFICIALS The Manager, Clerk and Attorney work for the Council as a body and may not take direction from any individual member of the Council if doing so would conflict with the wishes of the majority. Generally, requests for research or drafting of ordinances, resolutions or other documents should be made at a meeting or work session to give dissenting members of the Council an opportunity to object to the request and to assure the appointed official that the direction given is supported by a majority of Council. 7 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 MR SECTION III - DUTIES, PRIVILEGES AND BENEFITS OF MEMBERS RULE 18. FORMS OF ADDRESS (2.10.096) The Mayor shall be addressed as "Mayor (surname)", "Your Honor", "Mr./Madam Chairman" or "Mr./Madam Mayor". The Vice Mayor, when acting for the Mayor, shall be addressed as "Vice Mayor (surname)" or "Mr./Madam Chairman". Members of the Council shall be addressed as "Council Member (surname)". RULE 19. SEATING ARRANGEMENT (2.10.020 C) Council Members shall occupy their respective seats in the Council Chamber assigned to them by the Mayor. Such seats shall be assigned so that the Vice Mayor sits on the left hand of the Mayor and other members are seated in order of seniority with those newest Council Members filling the outermost seats on the dais. RULE 20. CONFLICTS OF INTEREST (a) Conflict of Interest Defined. A conflict of interest exists whenever a Council Member has a direct or indirect substantial financial interest in the outcome of a vote or decision of the Council. No member of the Council may discuss or vote on any question in which the member has such a direct or indirect substantial financial interest. [SCC § 2.10.035 C.] (b) Obligations of Council Members Procedure: (1) A Council Member should disclose any potential conflict of interest, no matter how remote, and ask the Presiding Officer to rule on whether a conflict does exist. This disclosure should be made prior to discussion or vote on the issue. The Presiding Officer will then rule whether a conflict of interest sufficient to disqualify the Council Member from participating in the matter then before Council does exist. (2) Once the Presiding Officer rules on the question of conflict, any member of the Council disagreeing with the ruling so given may appeal the ruling of the Presiding Officer. The Council Member would say: "I appeal the ruling of the Chair." This motion requires a second and is debatable. The motion to be voted on would read: "Shall the decision of the Chair stand?" A majority of YES votes or a TIE vote would uphold the chair. Only a majority of NO votes could overturn the ruling of the Chair. The Council Member affected may not vote on such determination. [Charter 3.5L] (3) Anyone seeking to disqualify a Council Member from participating in a decision on the basis of a perceived conflict of interest which has not been declared must raise the challenge as soon as the basis for disqualification reasonably should have been made known prior to the onset of debate and vote. The party seeking to disqualify the Council 8 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 W-] Member shall state with specificity the basis for disqualification. The Presiding Officer would then rule on the potential conflict of interest as outlined in subsection (1) above. This ruling by the Presiding Officer may be challenged as outlined in subsection (2) above. (c) Public Official Financial Disclosure Statement. The Clerk maintains a file containing statements of intent to do business with the City. Annual financial disclosure statements are required to be submitted by all members of Council, the Planning & Zoning Commission, and the City Manager by April 151h of the following year. This file is available for inspection by the public. (d) Conflict of Interest. Generally. It should be remembered that the purpose of the conflict of interest law is to provide for the full public disclosure of any financial interest in a decision before the Council. Therefore, once the public disclosure is made and the Presiding Officer has ruled, and provided that this finding has not been overturned by the Council, any action taken by the Council in accordance with this ruling will probably be upheld by the Courts even if it is later proven that the ruling was in error. RULE 21. MAYOR AND COUNCIL COMPENSATION (a) Council Members are compensated for service on the City Council as follows: (1) The Mayor is compensated at the rate of $300 per month; and (2) Each Council Member is compensated at the rate of $200 per month. (b) Compensation is paid quarterly in January, April, July and October of each year and covers service for the three preceding months. Council compensation checks are issued with the first employee payroll of the month following the quarter for which compensation is due. [SCC §2.10.100] RULE 22. RETIREMENT BENEFITS (a) Public Employees Retirement System (PERS). Effective 2004, City Council Members are not eligible to participate in the Public Employees' Retirement System of Alaska (PERS). (b) Social Security and Medicare. The City opted out of the Social Security Program in 1981. In April 1986, changes in Social Security regulations required employees of the City to participate in the Social Security Medicare Tax at a rate of 1.45%. In April 1991, additional changes to Social Security regulations required employees not currently enrolled in an approved retirement system (such as PERS) to pay the full Social Security Tax rate of 7.65%. z Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IEVA RULE 23. RECOGNITION UPON RETIREMENT FROM COUNCIL Council Members who retire from service on the Council after one term or who are not re-elected following their first term of office will receive a plaque in recognition of their service to the City. Council Members who retire or fail to be re-elected after two or more terms on the City Council will receive an engraved gold pan in recognition of their service. A Mayor who retires or fails to be re-elected will receive a plaque bearing a gavel in recognition of their service to the City. 10 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 ffir.] SECTION IV - COUNCIL PROCEDURES RULE 24. RULES OF ORDER Rules of Order not specified by statute, ordinance, or resolution shall be governed by Robert's Rules of Order Newly Revised. The City Clerk or designee shall serve as parliamentarian and shall advise the Presiding Officer as to correct rules of procedure or questions of specific rule application. [SCC §2.10.065 A. and Appendix A-14 and A-15] RULE 25. MOTIONS All ordinances, resolutions, contracts and items of business that require Council approval shall be in the form of an affirmative motion. The affirmative vote of four members of the Council is required for the passage of any motion of Council unless otherwise noted in the City Code or in these Rules of Procedure. [SCC § 2.10. 040 B.] RULE 26. ORDER OF BUSINESS (a) The order of business for the regular meetings of the City Council is as follows: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have si,-ned in will be ziven the first opportunity to speak. Time is limited to three (3) minutes per speaker and thirty-six (36) minutes total speakinz time for this azenda item. 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Azenda passes all routine items indicated by asterisk M. Consent Azenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Azenda.l 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards B. Borough Assembly Report C. City Manager's Report D. City Attorney's Report E. Other Reports and Announcements [Reports must be submitted to the city clerk no later than noon on the Tuesday precedinz the Monday meetinz for inclusion in the packet. Five (5) minutes speakinz time will be allowed for each report. 1. Port and Commerce Advisory Board 2. Planning and Zoning Commission 3. Historic Preservation Commission 4. Seward Bear Creek Flood Service Area Board 5. Chamber of Commerce Report F. Presentations [Presentations are limited to ten (10) minutes each, excludinz O&A, and are limited to two per meetinz unless increased by councikl 11 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IMP] 7. PUBLIC HEARINGS Public hearinz comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.1 A. Ordinances for Public Hearing and Enactment B. Resolutions Requiring Public Hearing C. Other Public Hearing Items 8. UNFINISHED BUSINESS A. Items not Completed from Previous Agenda B. Items Postponed from Previous Agenda C. Items for Reconsideration D. Other Unfinished Business Items 9. NEW BUSINESS A. Ordinances for Introduction B. Resolutions C. Other New Business Items 10. INFORMATIONAL ITEMS AND REPORTS [No action required] 11. CITIZEN COMMENTS 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. EXECUTIVE SESSION 14. ADJOURNMENT (b) Consent Agenda. Those items on the council agenda which are considered routine by the City Manager and the City Clerk shall be indicated by an asterisk on the agenda. Unless the Mayor or a Council Member specifically requests that such an item on the consent agenda be considered under the regular meeting agenda, and thus removed from the consent agenda and considered separately on the regular agenda, these items so designated shall be approved, adopted, accepted, etc. by motion of the Council to approve the agenda and consent agenda. Those items so approved shall appear in the Council minutes as if acted upon individually. The Clerk shall read into the record the consent agenda, including the titles of any ordinances or resolutions contained therein. [SCC § 2.10.055 B.] (c) Agenda items. The procedure for agenda items are as follows: 1. The Presiding Officer introduces the agenda item. 2. The Presiding Officer inquires if there is a motion by any Council member. If a motion is made, it shall be in the form of an affirmative motion. 3. Following the motion and its second, the Presiding Officer calls upon the City Manager to describe the matter under consideration. 4. If applicable, the Presiding Officer opens the public hearing and follows the public hearing procedure outlined in Rule 27. 12 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 120 5. The Presiding Officer asks if there is any discussion among Council members. The Presiding Officer may call on individual Council members in the discussion. The Presiding Officer inquires if there is any further discussion by the Council members. 6. The Presiding Officer inquires if there are any final comments or recommendations from administration. 7. The Presiding Officer inquires of the Council members as to whether they are ready for the question. 8. The Clerk shall conduct a roll call vote. RULE 27. ADDRESSING THE COUNCIL BY THE PUBLIC (a) Generally. A person desiring to address the Council shall first secure the permission of the Presiding Officer to do so, shall approach the podium before the Council and give their name, state whether they are a resident of Seward in an audible tone of voice for the record, and, unless further time is granted by the Presiding Officer, shall limit their address to the time limits specified below. All remarks shall be addressed to the Council as a body and not to any member thereof. No person other than a Council Member and the person having the floor shall be permitted to enter into any discussion without permission from the Presiding Officer. Citizens giving testimony may not ask questions of a Council Member, the Mayor or the city staff. However, Council Members or the Mayor may ask questions of citizens giving testimony, and the time allotted to a citizen for public testimony shall be extended automatically to provide additional time which is reasonably sufficient to answer all questions posed. All items presented by a citizen during public testimony for consideration by the Council shall be retained by the City Clerk. Written testimony may be filed by submitting said statement to the City Clerk at or before the time scheduled for the public hearing or discussion of the item. No person or group shall disrupt a Council meeting. [SCC § 2.10.070] (b) Public Hearings. The procedures for a public hearing are as follows (Resolution 2014-021): (1) A sign -in sheet shall be provided for those wishing to address the Council under "Public Hearings". Prior to the start of the public hearing, the Presiding Officer will first recognize those whose names appear on the sign -in sheet. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing all persons who have signed in and wish to be heard shall be heard. Those testifying under public hearings must limit their comments to 5 minutes. No person who has previously spoken during the public hearing on a particular item may speak again unless all other persons desiring to give testimony at the public hearing have spoken. A person speaking for a second time shall limit their testimony to not more than one minute. (2) The Presiding Officer introduces the agenda item. 13 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IPA (3) The Presiding Officer inquires if there is a motion by any Council member. If a motion is made, it shall be in the form of an affirmative motion. (4) Following the motion and its second, the Presiding Officer calls upon the City Manager to describe the matter under consideration. (5) The Presiding Officer opens the public hearing, and announces the following Rules of Order: (a) All comments by proponents, opponents, or the public shall be made from the speaker's podium and any individual making comments shall first give their name, state whether they are a resident of Seward in an audible tone of voice for the record, and shall limit their remarks to 5 minutes. This is required because an official record of the public hearing is being made. No comments shall be made from any other location except the podium, and anyone making "out of order" comments may be subject to removal from the meeting. (b) There will be no demonstrations during or at the conclusion of anyone's presentation. (c) These rules are intended to promote an orderly system of holding a public hearing, to give every person an opportunity to be heard, and to ensure that no individual is embarrassed by exercising their right of free speech. (6) The Presiding Officer opens the floor to those on the sign -in sheet in the order which they appear on the sheet. (7) The Presiding Officer calls for additional comments from the audience. (8) The Presiding Officer closes the public hearing. (9) Following the public hearing, discussion occurs among Council members. The Presiding Officer may call on individual Council members in the discussion. The Presiding Officer inquires if there is any further discussion by the Council Members. (10) The Presiding Officer inquires if there are any final comments or recommendations from administration. (11) The Presiding Officer inquires of the Council Members as to whether they are ready for the question. (12) The Clerk shall conduct a roll call vote. 14 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 1W, (c) Citizen Comments and Discussion. Members of the public or their authorized representatives may address the Council by oral communications on any matter concerning the City's business or any matter over which the Council has control. There shall be two opportunities provided for such comments: (1) Citizen comments on agenda items not scheduled for public hearing. The Clerk shall make available sign -in sheets on which persons desiring to speak during this time may indicate their desire to do so. All presentations under this agenda item shall be limited to three minutes per person and shall also be limited to a total speaking time of not more than thirty- six (36) minutes. (2) Citizen comments. This agenda item shall appear at the end of the agenda following all action items. Comments concerning any item over which the Council has control may be made. All presentations under this agenda item shall be entitled to five minutes per person unless otherwise stated by the Mayor or the Presiding Officer. Each person shall have only one opportunity to speak under this agenda item. (d) Spokesperson for a Group of People. When any group of people wish to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council, and in that case, if additional members of the same group are to be presented at that time, to limit the number of people so addressing the Council so as to avoid repetition before the Council. RULE 28. VOTING The votes during all meetings of the Council shall be transacted as follows: (a) All votes shall be taken by roll call vote. The order of the roll call vote shall be altered for each vote. [SCC § 2.10. 035] (b) Each member shall answer by the word "yes" or "no." (Ord 2019-001) (c) Every member who is in the Council Chambers when the question is put to vote shall give their vote unless the Council Member is excused in accordance with Rule 20. (d) The passage of any ordinance, resolution or other action of the Council shall require the affirmative vote of at least four members of the Council. (e) The passage of a motion to reconsider shall require the affirmative vote of 2/3 of those members present. (f) The passage of any public emergency ordinance shall require the affirmative vote of all members present or the affirmative vote of three -fourths of the total membership of the Council, whichever is less. An emergency ordinance may not be used to levy taxes, to grant, renew or extend a 15 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 123 franchise or to regulate a charge for a city service. Emergency ordinances are effective for sixty days. RULE 29. COMMITTEES The Mayor may appoint standing committees of the Council as necessary or desirable and may appoint ad hoc committees to address specific topics. The Council may also meet in work sessions as a committee of the whole: (a) Committee of the Whole. The Council may meet as a Committee of the Whole composed of the entire council sitting as a legislative study committee. The Committee of the Whole shall not take any official action while in committee. The Mayor chairs the Committee of the Whole. (b) Special Ad Hoc Council Study Committees. Special Ad Hoc Council study committees may be created by the Council for a particular purpose, or when the issue is so complex and time consuming that it cannot be reasonably handled at a Council meeting. Council study committees shall consist of no less than 3 Council Members appointed by the Mayor. Special council committees shall sunset at the end of their mission, but no later than the end of each fiscal year unless specifically continued by the Council thereafter for a specified time period. (c) Council Liaisons. In order to build additional Council expertise in various areas of city operations, the Presiding Officer may appoint one Council Member to serve as a liaison to the Planning and Zoning Commission. These appointments shall be made at the Council's organizational meeting in October. If appointed, the council representative to the Kenai Peninsula Borough Economic Development District shall serve as liaison to the Port and Commerce Advisory Board. If council liaisons were not appointed, a member of each Board and Commission will arrange to give periodic reports to the City Council during Council's regular scheduled meetings. (d) Special Ad Hoc Citizen Advisory Committees. Special Ad Hoc Citizen Advisory Committees may be created by the Council for a particular purpose. Committee members shall be appointed by the Mayor, with the advice and consent of the Council. The Mayor shall appoint the chair of the committee. Citizen study committees shall sunset at the end of their mission, but no later than the end of each fiscal year unless specifically continued by the Council thereafter for a specified time period. One Council Member, and one alternate Council Member, may be appointed as a member and liaison of a citizen advisory committee. (e) Committees may make recommendations on proposed programs, services, ordinances, and resolutions within their area of responsibility before action is taken by the Council. The Committee Chair may present the recommendations of the committee during the discussion of the item of business. (f) Employees shall staff the various committees as directed by the City Manager, but no staff person shall serve as a voting member of a council or citizen study committee. 16 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 124 (g) Minutes need not be taken of committee meetings. RULE 30. ENACTED ORDINANCES, RESOLUTIONS AND MOTIONS (a) Ordinance. An enacted ordinance is a legislative act prescribing general, uniform, and permanent rules of conduct relating to the corporate affairs of the municipality. Council action shall be taken by ordinance when required by law, or to prescribe permanent rules of conduct which continue in force until repealed, or where such conduct is enforced by penalty. (b) Resolution. An enacted resolution is an internal legislative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. (c) Motion. An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law. RULE 31. RESOLUTIONS The procedure for resolutions is as follows: A resolution may be voted on the same day it is introduced. Most resolutions take effect the day they are passed, except that those involving property transactions become effective thirty (30) days after passage, and those establishing rules and regulations affecting the public become effective not less than ten (10) days after passage. The title of each resolution shall in all cases be read prior to its passage. (NOTE: The titles of all resolutions passed on the consent agenda are read following passage.) Printed copies of resolutions shall be made available at the Council meeting for public inspection. Resolutions approving property transactions and resolutions adopting the city budgets require properly advertised public hearings prior to adoption. [SCC § 2.15] RULE 32. ORDINANCES The procedure for ordinances is as follows: (a) With the exception of emergency ordinances as provided below, no ordinance may be put to vote on the same day that it is introduced. An ordinance may be sponsored by the City Manager, City Clerk, City Attorney, one of the boards or commissions, the Mayor or any member of Council. However, no ordinance may be prepared b, sta for presentation to the Council unless ordered by a majority vote of the Council or requested by the City Manager or prepared by the City Attorney or City Clerk on their own initiative. Ordinances are generally introduced on the consent agenda and are then carried forward to the next regular meeting for public hearing and a vote on enactment. The notice of the public hearing must be advertised in a newspaper of local circulation at least 5 days before the hearing. Prior to opening the hearing, the title of the ordinance must be read in full. 17 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 fN1. Printed copies of the ordinance shall be made available at the Council meeting and in the office of the City Clerk prior to the meeting. Following public hearing, the Council may discuss and consider a vote on enactment of the ordinance. Ordinances take effect not less than 10 days following enactment unless they are exceptions stated in SCC § 2.15.050. [SCC § 2.15.015 and § 2.15.035 A] (b) Emergency Ordinances. No ordinance shall be passed at the same meeting at which it is introduced unless an emergency is declared to exist by the Council. Any ordinance declared by the Council as being necessary as an emergency nature for preserving the public health, welfare and safety must contain a statement of the facts upon which the emergency finding is based. This exception shall not be employed for the sole reason that the rules for introduction, reading, etc. of legislation are waived to permit passage on the first reading due to the existence of an emergency. The ordinance may be enacted, amended and enacted, or rejected at the meeting at which it is introduced. The affirmative vote of all members present, or the affirmative vote of three -fourths of the total membership, whichever is less, is required for enactment. The City Clerk shall print and make available copies of enacted emergency ordinances and provide for posting and publication as set forth in SCC § 2.15.035 D. An emergency ordinance may not be used to levy taxes; to grant, renew or extend a franchise; or to regulate a charge for a city service. Emergency ordinances take effect immediately for a period of sixty days. (c) A Council Member may, in open session, request of the Presiding Officer that Council study the wisdom of enacting a particular ordinance. By affirmative motion, the Council may assign the proposed ordinance to a specific board or commission or the committee of the whole for study and consideration. The committee shall report its findings to the Council. (d) If a motion to pass an ordinance fails, the ordinance shall be considered lost. (e) Any ordinance amending or repealing any portion of the Seward City Code shall also amend or repeal the respective portions of any underlying ordinance(s). RULE 33. PERMISSION REQUIRED TO ADDRESS THE COUNCIL Persons other than Council Members and management shall be permitted to address the Council only upon recognition and introduction by the Presiding Officer as specified in Rule 27. RULE 34. RECONSIDERATION (a) A motion to reconsider may be applied to any ordinance, resolution or action of the Council and has precedence over all motions except the motion to adjourn. A Council Member may make a motion to reconsider only if they voted on the prevailing side of the question to be reconsidered and if they make the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken or if the Council Member files a written notice of intent to reconsider no later than 5:00 p.m. on the first business day following the day on which the vote was taken. The Council Member may file by telephone provided that the notice of intent to 18 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 W1.1 reconsider is signed before the motion is reconsidered. A motion for reconsideration requires a 2/3 vote to carry. If a motion to reconsider a particular ordinance, resolution or other action fails, a second motion to reconsider the same action shall not be in order. [SCC § 2.10.065 E.] (b) The following motions may not be reconsidered: (1) A motion which can be renewed within a reasonable time; (2) An affirmative vote whose provisions have been partly carried out; (3) An affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome; (4) Any vote which has caused something to be done which it is impossible to undo; (5) A vote on a motion to reconsider; or (6) When practically the same result, can be obtained by some other parliamentary motion. RULE 35. COUNCIL RELATIONS WITH BOARDS, COMMISSIONS AND ADVISORY COMMITTEES (a) Generally. All statutory boards and commissions and Council -appointed citizen advisory bodies shall provide the Council with copies of any minutes taken of meetings. Full agenda packets for each of the Council's statutory boards and commissions shall be provided to the Council electronically. At the annual organizational meeting of the City Council in October, the Mayor shall appoint a Council liaison to the Planning and Zoning Commission and to any other board(s) as the Council may desire, or designate a member of the Board or Commission to give periodic reports to the city council. Currently, there are three statutory boards appointed by the Council: (1) Planning and Zoning Commission (2) Port and Commerce Advisory Board (3) Historic Preservation Commission (b) Appointment Procedures. See Rule 38. (c) Reports to Council: (1) Planning and Zoning Commission. The Council liaison to the Planning Commission shall make regular reports to the Council regarding the activities of the Planning Commission. In addition, the Council shall meet in a joint work session with the Planning Commission in March of each year to discuss any areas of mutual interest. 19 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IWA (2) Port and Commerce Advisory Board. The Port and Commerce Advisory Board makes quarterly reports to the Council and must, by Code, report annually at the first meeting of the fiscal year. Absent an affirmative vote of the Council at the first meeting of the fiscal year to continue the Board, the Board will dissolve within 30 days. RULE 36. COMPLAINTS AND SUGGESTIONS TO COUNCIL When citizen complaints or suggestions are brought before the City Council, other than for items already on an agenda, the Presiding Officer shall first determine whether the issue is legislative or administrative in nature and then: (a) If legislative, and if the Council finds such complaint suggests a change to an ordinance or resolution of the City or the enactment of a new ordinance or resolution, the Council may refer the matter to a board or commission, the Administration or the Council of the whole for study and recommendation. (b) If administrative and regarding administrative staff performance, administrative execution or interpretation of legislative or administrative policy within the authority of the City Manager, the Presiding Officer should then refer the complaint directly to the City Manager for review. The City Manager shall provide the Council with a copy of any written response to the complainant. RULE 37. FILLING COUNCIL VACANCIES If a vacancy occurs in the office of Council Member, the Council may elect some qualified person to fill such vacancy, the person elected shall hold office until a successor is elected at the next regular election and properly qualified. In order to fill the vacancy with the most qualified person available until an election is held, the Council will widely distribute and publish a notice of the vacancy, the procedure and any application form for applying. Each applicant will make a presentation to the Council regarding their qualifications to serve. The Council will then vote and sign ballots provided by the City Clerk. The City Clerk will read each ballot aloud, will tabulate the votes and announce the results to the Council. The Council may then, by motion and voice vote, affirm the appointment of the candidate receiving the highest number of votes (must have at least 4 per SCC 2.10.050). For time frames during a recall of an elective officer, and when vacancies can be filled, see City Charter sections 2.12 and 2.13. RULE 38. FILLING BOARD AND COMMISSION VACANCIES The City Clerk shall advertise vacancies on the Council's various boards and commissions no later than 30 days prior to the appointment date and shall forward a copy of this notice, along with the appropriate application form, to each board or commission member whose term is about to expire. The Clerk shall include a copy of each completed application and conflict of interest statement (if applicable) in the Council packet. Each applicant for a position on a Council appointed board or commission, shall make a brief presentation to the City Council regarding their qualifications and reasons for wishing to serve. The Clerk shall provide ballots containing the names of all applicants to the Council. Each Council Member 20 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 128 shall vote a ballot, marking a number of names totaling the number of vacant seats to be appointed, and shall sign the ballot in the space provided and shall forward all ballots to the Clerk for counting and tabulation. The Clerk shall read the votes aloud and announce to the Council the number of votes cast for each applicant. The Council shall declare the vacancies filled by those applicants receiving the highest numbers of votes. In the event the number of applicants equals the number of vacant seats, the Council may move to appoint each of the applicants to a seat on the board or commission rather than proceeding with the ballot process. RULE 39. COUNCIL TRAVEL The Council may appropriate funds for Council travel in the Mayor/Council department of the annual City budget. Any Council Member who desires to expend Council travel funds shall complete the regular City Travel Authorization Form available in the Clerk's Office [Appendix A-2]. Upon their return, the Council Member must file all receipts for travel with the City Clerk and must sign a completed Travel/Expense Report Form [Appendix A-3]. The receipts and reimbursement form will then be forwarded to the Finance Department for processing, and payment will be made to the requesting party. Prior notice of all elected and appointed official travel must be given to the City Council. A written or oral report must be given to the Council following any such City -funded travel. [Resolution No. 96-088] RULE 40. LOBBYING When necessary to further the city's lobbying efforts in Juneau or elsewhere, the Mayor shall represent the Council unless, in the opinion of the Council, another member of the elected body or one of its appointed boards or commissions would better represent the position of the city with respects to a particular issue. In any case, anyone representing the city in its lobbying efforts shall present a full report of their trip to the Council at its next regular meeting. In addition, they shall comply with the provisions of Rule 39. RULE 41. BUDGET PROCESS In September of each odd year, the Council shall meet in a work session with the City Administration to outline the budget policies and priorities for the two upcoming fiscal years. In accordance with these policies and priorities, the City Manager shall develop and present to the Council a budget proposal for the next two fiscal years at least 45 days prior to the next even fiscal year (November 16th). The Council shall schedule work sessions and public hearings as appropriate and shall make any adjustments it feels are warranted and shall adopt the budgets of the City at a regular meeting held not less than ten (10) days prior to the end of the fiscal year (December 21st) (this is usually the first regular meeting in December). [Charter Chapter 6; SCC§ 5.05.15] RULE 42. BOARD OF ADJUSTMENT The City Council is designated to be the Board of Adjustment for the City and the Mayor is designated the Chairperson of the Board of Adjustments. An appeal hearing conducted by the Board of Adjustment is held on the basis of the record established before the commission or other body and the record on appeal. 21 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 129 The Council may allow for oral presentations by the administration and the appellant; however, no new evidence may be received or considered by the Board of Adjustment hearing the appeal [SCC § 2.10.080 and §15.10.415]. 22 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 130 SECTION V - SPECIAL CONSIDERATIONS FOR COUNCIL MEMBERS Elected officials, like employees, may be held liable for what they both say and do, either individually or collectively. There may be either case law or statutory responsibility for certain behaviors on the part of elected officials. The following is a description of the most common legal areas of concern. CONFLICTS OF INTEREST There are a number of prohibitions commonly outlined in the statutes. Whether legally mandated or not, the following guidelines make sense, from a political, ethical and liability standpoint: (a) Elected officials should not fix their own wages or benefits during their immediate term of office; (b) Officials should not have a financial interest in, or vote on, a matter where the elected official's financial interest is especially affected; (c) An elected official should not have a personal financial interest in contractual matters over which they have any supervisory control; and (d) A public officer should not hire their spouse or child as an employee, unless said spouse or child is employed for unskilled day labor at wages not exceeding $100 in any calendar month. APPEARANCE OF FAIRNESS When governing bodies hold hearings that affect individual or property rights (quasi-judicial proceedings), they should be governed by the same strict fairness rules that apply to cases in court. The rule basically states that hearings must not only be fair, they must appear fair. OPEN PUBLIC MEETINGS Public agency actions and deliberations should be conducted openly, and all persons must be allowed to attend unless "unruly", or otherwise excluded by law, such as executive sessions, labor negotiations, social gatherings (unless business is discussed), and certain quasi-judicial proceedings. A meeting is generally defined as any gathering of four or more governing body members (or a quorum, whichever is less) where city business is discussed. Meeting places should not be designed to exclude members of the public, and the time and place of a special meeting must be designated. Except in an emergency, users shall not use email, instant messaging, text messaging, or similar forms of electronic communications at any time during a meeting of the City Council. Users shall not use a city - issued mobile device in any way as to violate the Open Meetings Act requirements of the State of Alaska. 23 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IN EXECUTIVE SESSIONS Are defined as that part of a public meeting from which the public may be excluded. Executive sessions should be part of a regular or special meeting, should state the purpose for the session with particularity, and are generally permissible to: (a) Discuss matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the city [SCC 2.10.030 (b) (1)J (b) Discuss subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion [SCC 2.10.030 (b) (2)J (c) Discuss strategy for the negotiation of labor and other contracts [SCC 2.10.030 (b) (4)J (d) Discuss matters pertaining to threatened or pending litigation [SCC 2.10.030 (b) (3)J (e) Evaluate the performance of the City Attorney, the City Clerk or the City Manager [Rule 16] (f) Deliberate and prepare its findings of facts and conclusions of law pertaining to an appeal of an action of the Planning and Zoning Commission [SCC 15.10.415 (e)] (g) Discuss other matters which by law, municipal charter or ordinance are required to be confidential [SCC 2.10.030 (b) (5)J The public may be excluded from an executive session, but final action shall not be taken by the Council on any matter discussed in an executive session until the matter is placed on the agenda of a public meeting. Violations of the Open Meetings Act may result in a number of losses to the city, including: (a) Ordinances, rules, resolutions, regulations, etc. adopted in violation may be held invalid. (b) Any person may sue to recover the penalty or to stop or prevent violations. (c) A person prevailing against the city may be awarded all costs including reasonable attorneys' fees. FREEDOM OF INFORMATION State and city law allow liberal access to public records. Public records include any communication, regardless of form, relating to the conduct of city business. All requests for public information are made through the office of the City Clerk. 24 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 SECTION VI - CHECKLISTS FOR COUNCIL ACTION There are a number of risk reduction checklists that Council Members should use when considering legislative actions. Legislators, administrators and legal counsel who draft ordinances and other proposed legislative actions should review the proposed ordinance, etc. against the appropriate checklists. EQUAL PROTECTION CHECKLIST: 1. Does the action treat different groups of people differently? 2. If so, by what standard will the classification be judged? 3. Is the classification justifiable under the appropriate standard? 4. Will an ordinance or policy which is neutral on its face have a discriminatory impact when applied? 5. Does the local government have a sufficient basis in fact in support of the action and/or classification? SUBSTANTIVE DUE PROCESS CHECKLIST: 1. Does the City have a legitimate goal in pursuing its proposed course of action? 2. What is the nature of the "right" being affected by the agency's decision? 3. Is it a right which is deemed to be fundamental? If so, does the agency have a compelling interest for taking the action? 4. If a fundamental right is involved, is there another less drastic way for the local government to achieve its goal which will create less interference with the constitutional right? 5. If it is an economic, social or business regulation, is there a rational relationship between the regulation and the governmental goal? 6. Does the regulation create a rebuttal presumption? PROCEDURAL DUE PROCESS CHECKLIST: 1. Will the proposed action or ordinance deprive a person of a "liberty" or "property" interest? 2. If so, has that person been afforded due process? 3. Has the person been given notice? 25 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 133 4. Has the person been given an opportunity to be heard? 5. Has the person been given a statement of reasons for the agency's decision? 6. Has the local government complied with applicable statutory, ordinance or contract provisions requiring due process? 7. Does an ordinance give sufficient notice to persons of its requirements? 8. Are the terms used in an ordinance defined? 9. Does the ordinance provide clear standards for the conduct of the officials who must enforce it? DUE PROCESS CHECKLIST - LICENSES AND PERMITS: 1. Is there an ordinance dealing with the granting or revocation of the license or permit.' 2. Is the ordinance clear and unambiguous? 3. Has the applicant for a license or permit been given reasonable information as to the items which they must submit to the agency prior to issuance? 4. Does the local government have the authority to legislate in the area for which the license or permit is to be granted? 5. Are the requirements for issuance of a license or permit reasonable and have they been consistently applied? 6. Do the items required prior to the issuance of a license or permit bear some reasonable relationship to the activity to be allowed? 7. Has the local government sought to limit the number of persons who can receive the license or permit? 8. If there is a limitation in the number of persons who may receive the license or permit, is there statutory authority for such a limitation? 9. Has an applicant for a license or permit been given an opportunity to have a hearing if the granting of a license or permit has been denied? 10. Has a hearing been held prior to the suspension or revocation of an existing license or permit? 26 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 134 11. If in an area with a limited number of licenses or permits, can the agency present a reason for the reduction, and has the identity of the business which will lose its license or permit been determined in a non-discriminatory manner? 12. Is the refusal to issue, or revocation of, the license or permit justified, or solely in response to public pressure? 13. Has the inspection or regulatory system of the agency been enforced in a non-discriminatory manner, or is the person being singled out for enforcement? 14. Do the fees charged for licenses and permits bear a reasonable relation to the cost of enforcement? DUE PROCESS CHECKLIST - ZONING: 1. Does the city have a zoning ordinance and amendments thereto which have been adopted in a procedurally correct manner? 2. Where the city seeks to enforce its zoning ordinance, are the pertinent provisions clear and unambiguous? 3. Is the agency interpreting and applying its zoning ordinance in a consistent manner? 4. Is the city considering amending its zoning ordinance in a way which would only be applicable to a single piece of property where other properties within the community have the same characteristics? 5. Has the agency complied with any "Open Meetings Act" and other applicable requirements? 6. Where the rezone request originates with other than the property owner, was specific written notice given to the property owner of the hearings and tendency of the proposed zoning change? 7. Has the local government taken and retained thorough minutes of meetings of the Planning Commission, Board of Architectural Review, Board of Adjustment, Appeals Board, and governing body, etc.? 8. Have all proper public hearings, with properly published notice, been held prior to adoption? 9. Has the city denied a zoning change solely in order to lessen competition for existing business? 10. Has the city permitted objectors to the proposed zoning to present their evidence, including the presentation of the witnesses and the cross-examination of the witnesses of the applicant? 11. Has the city denied a request for a zoning change based merely upon the objection of neighboring property owners with no other justifiable findings of fact? 27 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 12. If covenants, conditions, renderings, etc. Are included as part of an approval, have those covenants, etc. Been specifically incorporated in the ordinance, resolution or motion? "TAKING" (INVERSE CONDEMNATION) CHECKLIST: 1. Is the regulation of property being done in order to advance a legitimate public interest? 2. Will a particular regulation deprive a property owner of every economically viable use of their property? 3. Has the property owner taken actions such as expenditure of funds in reliance upon a municipal action, such as granting of a building or utility permit? 4. Does the City action constitute a physical intrusion on the property? 5. Have the officials compiled a sufficient record setting forth the reasons for the action? 6. Is there a less intrusive way of achieving the same goal? GENERAL ORDINANCE ADOPTION CHECKLIST: 1. Have all the statutory or local procedural requirements been followed? 2. Is the ordinance a subject upon which the City has Federal or State constitutional or statutory authority to act? 3. As drafted, does the ordinance treat all similarly situated persons in the same way? 4. Are the terms of the ordinance clear enough so that people do not have to guess at its meaning? 5. Does the ordinance clearly state what a person must do in order to comply with it? 6. Does the ordinance define special or broad terms which it uses? 7. Does the ordinance set sufficient standards for the officials who must enforce it, or does it give the enforcing agent too much discretion in making a decision whether or not to do something? 8. Does the ordinance require that notice of hearing be given to a person whose rights are affected by it? 9. Does the ordinance require the official who is making a decision under it to give notice of that decision and the reasons for it within a reasonable time? 28 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 1BZ'd 10. Can the local government achieve its goal by using a less restrictive or intrusive means? 11. Do the ordinance provisions constitute a "prior restraint" on a person's First Amendment rights? 12. Has the agency created an adequate record or compiled sufficient evidence in order to support its findings and conclusions for enacting the ordinance? 13. Is the ordinance too broad? 14. Does the ordinance so heavily burden a person's use of their property that it might be considered a taking? 15. If an ordinance is changing an existing local regulation, does it give persons a reasonable amount of time to comply with the changes? 16. Have the Attorney and Risk Manager been consulted before taking action which might result in claims against the agency or litigation? 17. Have similar ordinances been upheld elsewhere? 18. If an ordinance is challenged, would you consider suspending it pending a judicial determination? 29 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 f6Y1 City of Seward, Alaska COUNCIL REQUEST FOR LEGAL SERVICES* COUNCIL MEMBER: DATE OF REQUEST: DATE RECEIVED BY CLERK: FAXED TO ATTORNEY BY: DATE RESPONSE REQUIRED: SUBJECT MATTER ATTORNEY RESPONSE CLERK'S INITIALS: DATE: ESTIMATE OF FULL RESEARCH/RESPONSE TIME AND EXPENSE (if nec.) ATTORNEY: DATE: *Submittal ofthis legal information request is predicated on the understanding between the City of Seward and Birch Horton Bittner and Cherot that no charges for responding to this inquiry will be payable by the city unless the estimate portion is completed and formal authorization to incur legal research expenses is provided by the City Clerk. EN Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 138 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 139 City of Seward TR,',''_.'Fl_ AU I N )ICI ZATION (AM I dffl- Ahoy) rrt„•:t � sr YID rrr r. ;!rd 11'e: at]Droveg orlor to trawl Ilinerane r-tr.:' ;jIr ::o'°1ull:,c:.l kr :�filll Ili I^n°, t°II Ilr:,71 I AN � PF<':=r`i F VF-11: 1 F i'Ih LAN w MIch Imwals la wesch days Per Uiern "ucsted dvr. I; B . MiID to IO:OD, L • 10:N iti .'A:UU, 17 - 3_D4 Io MID Most travel 3 tmirs wlpMln "ch meat Pgn�d tm recNye that Per L*clm. i �,. TRANSPORTATION LODGING MEALS RE-GISTRATION (FEES S CAR RENTAL S OTHER $ TOTALS M 5 Hci w m4Mch' COMPLETE TRAVF.I„ANIP rT R �xPFHSF vnucHEFS;.ATTALH SUPPORTING DCKX WENTB AND SUBNMIT TO FINANCE VVITHIN 1G nAYS nF YQAIR RETURN TO SEWARI3,0114 ALL MONIES ADVANCED TQ YOU 'WII..M. HF DMUCTE ID FIaQM YOUR NExT PAYROLL CHECK. AN EXPE14SE Rt ,PQRT I$ DU@ EV€N WITH NO EXPENSES. ,-" ','Al AGER -. ,...:aired m al au14f-918UC lia,re d' whenB!j�a'Iree Br9 war r;11 D01 DEPARTMENT HEA❑ Wfhtte - FitlaIr" Copy -0rrl;sry : .r .::,Iu r, Gwl,w —ik - Depar:mPnr Cnnv Goldenrod - Employs Copy A-3 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 140 CITY OF SEWARD TRAVELIEXPENSE REPORT Name: Purpose of Trip: estination: Date Description Milea a Meals Lodaina Other Personal Ex ense AMOUNT OF PER DIEM DUE DATE B L ❑ $ 12.00 $ 15.00 $ 30.00 $ - Total s of Miles 240 Total Milea a $130.80 0.00 $0.00 $0.00 $0.00 Finance Approval: Accountin Distribution - ONLY balance due Total Expenses- $130.80 Fund Dept Account Amount Less Personal Expenses: Less Prepaid: City Credit Card Charges Balance Due (or:) $130.80 Total Distribution Refund Due to City: Schedule of expenses claimed for travel and other duties performed in connection with the City of Seward business. I certify that the above expenses were incurred by me, for the City of Seward, and that payment has not been previously received by me and no previous claims for these expenses has been submitted. Date Department Head Approval Date EmployeeClaimant Signature City Manager Approval Date TRAVEL AUTHORIZATION MUST HAVE BEEN FILED PRIOR TO TRAVEL FOR Expense reports must be filed within 10 days of travel to qualify for reimbursement. If a travel advance was received & a report is not filed within 10 days, the total amount of the travel advance will be deducted Irom employee's payroll. ATTACH ALL RECEIPTS Total Travel at least 3 hours in each time range Midnight to 10AM $12 10am to 3pm $15 3pm to midnight $30 Total $57 Mileage:.545 Cents or $130.80 roundtrip to Anchorage $0.00 1 $0.001 $0.001 $0.001 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 WIN CITY ATTORNEY EVALUATION CRITERIA Responsibilities & Goals PUBLIC Following are the primary responsibilities of the City Attorney for the City of Seward: ACTS AS CHIEF LEGAL CONSULTANT • Advises City Council, City Manager and City Clerk on all matters of law. • Drafts, or assists in the drafting of, ordinances, resolutions, contracts and agreements to be made or entered into by the City, as needed or required. Approves the form of ordinances. • Represents the City in all action of law, unless otherwise deemed necessary. • Attends meetings as required. • Keeps the City advised of developments in municipal law and actions in other communities and jurisdictions that may have an impact on the City's activities. MAINTAINS GOOD RELATIONSHIP WITH CITY COUNCIL • Responsive to direct requests from Council in a timely manner. • Well prepared and knowledgeable about Council agenda items for which an attorney review was requested. • Ensures legal advice is clearly understood. WORKS WELL WITH ADMINISTRATION, STAFF AND COUNCIL • Adept at cost control. • Provides solutions and/or alternatives to legal problems and issues. • Provides training on various matters, such as open meetings act, contracts, ordinance and resolution forms, etc. • Consistent with maintaining the attorney -client privilege. Following are the goals of the City Attorney as set by the City Council at the City Attorney's previous evaluation: GOAL 1 GOAL 2 GOAL 3 {City Clerk will insert goals established from the previous evaluation here} A-5 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 `011 CITY ATTORNEY SELF -EVALUATION FORM NOT PUBLIC Circle the response that best reflects your personal observation with regards to each of the following criteria: 5 Excellent 4 Above Average 3 Average 2 Below Average 1 Unacceptable N/R Not Rated (not included in tally) ACTS AS CHIEF LEGAL CONSULTANT Advises City Council, City Manager and City Clerk on all matters of law. 1 2 3 4 5 N/R Drafts, or assists in the drafting of, ordinances, resolutions, contracts and 1 2 3 4 5 agreements to be made or entered into by the City, as needed or required. N/R Approves the form of ordinances. Represents the City in all action of law, unless otherwise deemed necessary. 1 2 3 4 5 N/R Attends meetings as required. 1 2 3 4 5 N/R Keeps the City advised of developments in municipal law and actions in other 1 2 3 4 5 communities and jurisdictions that may have an impact on the City's activities. N/R Comments: Average Score: Do not count N/R in the average score. • Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 143 MAINTAINS GOOD RELATIONSHIP WITH CITY COUNCIL Responsive to direct requests from Council in a timely manner. 1 2 3 4 5 N/R Well prepared and knowledgeable about Council agenda items for which an 1 2 3 4 5 attorney review was requested. N/R Ensures legal advice is clearly understood. 1 2 3 4 5 N/R Average Score: Do not count N/R in the average score. Comments: WORKS WELL WITH ADMINISTRATION, STAFF AND COUNCIL Adept at cost control. 1 2 3 4 5 N/R Provides solutions and/or alternatives to legal problems and issues. 1 2 3 4 5 N/R Provides training on various matters, such as open meetings act, contracts, 1 2 3 4 5 ordinance and resolution forms, etc. N/R Consistent with maintaining the attorney -client privilege. 1 2 3 4 5 N/R Comments: Council Rules of Procedure Average Score: Do not count N/R in the average score. A-7 Adopted March 14, 1994 As Amended Through February 25, 2019 144 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IEI-I Following are the goals of the City Attorney as set by the City Council at the City Attorney's previous evaluation: GOAL 1 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R GOAL 2 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R GOAL 3 (City Clerk will insert goals established from the previous evaluation here) 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R Comments: Average Score: Do not count N/R in the average score. "NIM, Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IC1'd OVERALL SCORE Carry over the average score from each section: Acts As Chief Legal Consultant Maintains Good Relationship With City Council Works Well With Administration, Staff And Council Goals Comments: All scores added together = 1 Final Score = 10, Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IEVA CITY COUNCIL EVALUATION FORM For City Attorney NOT PUBLIC Circle the response that best reflects your personal observation with regards to each of the following criteria: 5 Excellent 4 Above Average 3 Average 2 Below Average 1 Unacceptable N/R Not Rated (not included in tally) ACTS AS CHIEF LEGAL CONSULTANT Advises City Council, City Manager and City Clerk on all matters of law. 1 2 3 4 5 N/R Drafts, or assists in the drafting of, ordinances, resolutions, contracts and 1 2 3 4 5 agreements to be made or entered into by the City, as needed or required. N/R Approves the form of ordinances. Represents the City in all action of law, unless otherwise deemed necessary. 1 2 3 4 5 N/R Attends meetings as required. 1 2 3 4 5 N/R Keeps the City advised of developments in municipal law and actions in other 1 2 3 4 5 communities and jurisdictions that may have an impact on the City's activities. N/R Comments: Average Score: Do not count N/R in the average score. A-11 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 148 MAINTAINS GOOD RELATIONSHIP WITH CITY COUNCIL Responsive to direct requests from Council in a timely manner. 1 2 3 4 5 N/R Well prepared and knowledgeable about Council agenda items for which an 1 2 3 4 5 attorney review was requested. N/R Ensures legal advice is clearly understood. 1 2 3 4 5 N/R Average Score: Do not count N/R in the average score. Comments: WORKS WELL WITH ADMINISTRATION, STAFF AND COUNCIL Adept at cost control. 1 2 3 4 5 N/R Provides solutions and/or alternatives to legal problems and issues. 1 2 3 4 5 N/R Provides training on various matters, such as open meetings act, contracts, 1 2 3 4 5 ordinance and resolution forms, etc. N/R Consistent with maintaining the attorney -client privilege. 1 2 3 4 5 N/R Comments: Council Rules of Procedure Average Score: Do not count N/R in the average score. A-12 Adopted March 14, 1994 As Amended Through February 25, 2019 149 A-13 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 150 Following are the goals of the City Attorney as set by the City Council at the City Attorney's previous evaluation: GOAL 1 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R GOAL 2 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R GOAL 3 (City Clerk will insert goals established from the previous evaluation here) 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R Average Score: Do not count N/R in the average score. Comments: Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IN OVERALL SCORE Carry over the average score from each section: Acts As Chief Legal Consultant Maintains Good Relationship With City Council Works Well With Administration, Staff And Council Goals Comments: All scores added together = A-15 Final Score = 10, Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 MY, Evaluation Period: City Attorney Firm: City Attorney Name: FINAL SCORE Final Score: COMMENTS CITY COUNCIL EVALUATION SUMMARY For City Attorney PUBLIC FEW Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 153 GOALS FOR COMING YEAR Following are the goals of the City Attorney as set by the City Council at the City Attorney's current evaluation for the coming year: GOAL 1 (City Clerk will insert goals established from the previous evaluation here) Identity a measurable component of the goal {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal GOAL 2 {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal GOAL 3 {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal ACKNOWLEDGED City Attorney Signature Date Mayor Signature Date Council Member Signaturefirom Tabulation Team Date Council Member Signaturefirom Tabulation Team Date A-17 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 154 CITY CLERK EVALUATION CRITERIA Responsibilities & Goals PUBLIC Following are the primary responsibilities of the City Clerk for the City of Seward: OVERSEES THE DAY-TO-DAY OPERATIONS OF THE CLERK'S OFFICE • Keeps and maintains appropriate files and records of the City. • Keeps informed of matters which may require Council action. • Keep all ordinances, resolutions, agreements and contracts, when appropriate, of the City, and authenticates such records, as necessary. • Manages requests for public information. • Ensures staff members are properly trained in procedures of the office. • Shall attest the signature of the City Manager on all contracts, except as otherwise provided by code, as approved by Council. • Prepares travel documents and arrangements for Council members traveling on City business. MAINTAINS GOOD WORKING RELATIONSHIP WITH CITY COUNCIL • Shall be the clerk of the Council. Shall attend all meetings of the Council (or a representative) and shall keep a record of its proceedings. • Encourages a rapport that facilitates trust and coordination with Council. • Disseminates complete accurate information that involves council action equally to all members in a timely manner. • Coordinates information, concerns, complaints from the public to Council members. • Provides equipment and training, if necessary, to Council members. • Acts as the Public Information Officer during severe emergency operations and is the focal point for Council during emergency events. • Acts as the parliamentary advisor to the Council during Council meetings. • Coordinates and administers city elections, absentee voting, worker training and canvass boards effectively. • Administers all oaths of office and attests to the signature of the Mayor. • Coordinates the public broadcast of Council meetings and maintains the audio record of those meetings. OVERSEES ANNUAL AND SPECIAL PROJECTS BUDGETS • Develops an annual budget for Council review that identifies operational needs. • Prepares a special project plan, implementation and budget for Council approval. • Maintains Council's annual budget. • Advises Council of needs for council chambers to provide adequate area for public meetings. MAINTAINS POSITIVE RELATIONSHIP WITH THE PUBLIC Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 Is the primary point of contact for public information requests, and is responsible for the timely return of the requests. Provides information on public meetings and events. Is courteous and receptive to public concerns and complaints ,and documents them for the affected department and Council review. Following are the goals of the City Clerk as set by the City Council at the City Clerk's previous evaluation: GOAL 1 GOAL 2 GOAL 3 (City Clerk will insert goals established from the previous evaluation here) • Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IW.1 CITY CLERK SELF -EVALUATION FORM NOT PUBLIC Circle the response that best reflects your personal observation with regards to each of the following criteria: 5 Excellent 4 Above Average 3 Average 2 Below Average 1 Unacceptable N/R Not Rated (not included in tally) OVERSEES THE DAY-TO-DAY OPERATIONS OF THE CLERK'S OFFICE Keeps and maintains appropriate files and records of the City. 1 2 3 4 5 N/R Keeps informed of matters which may require Council action. 1 2 3 4 5 N/R Keep all ordinances, resolutions, agreements and contracts, when appropriate, of 1 2 3 4 5 the City, and authenticates such records, as necessary. N/R Manages requests for public information. 1 2 3 4 5 N/R Ensures staff members are properly trained in procedures of the office. 1 2 3 4 5 N/R Shall attest the signature of the City Manager on all contracts, except as 1 2 3 4 5 otherwise provided by code, as approved by Council. N/R Prepares travel documents and arrangements for Council members traveling on 1 2 3 4 5 City business. N/R Comments: Average Score: Do not count N/R in the average score. FNAWI Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 INN MAINTAINS GOOD WORKING RELATIONSHIP WITH CITY COUNCIL Shall be the clerk of the Council. Shall attend all meetings of the Council (or a 1 2 3 4 5 representative) and shall keep a record of its proceedings. N/R Encourages a rapport that facilitates trust and coordination with Council. 1 2 3 4 5 N/R Disseminates complete accurate information that involves council action equally 1 2 3 4 5 to all members in a timely manner. N/R Coordinates information, concerns, complaints from the public to Council 1 2 3 4 5 members. N/R Provides equipment and training, if necessary, to Council members. 1 2 3 4 5 N/R Acts as the Public Information Officer during severe emergency operations and is 1 2 3 4 5 the focal point for Council during emergency events. N/R Acts as the parliamentary advisor to the Council during Council meetings. 1 2 3 4 5 N/R Coordinates and administers city elections, absentee voting, worker training and 1 2 3 4 5 canvass boards effectively. N/R Administers all oaths of office and attests to the signature of the Mayor. 1 2 3 4 5 N/R Coordinates the public broadcast of Council meetings and maintains the audio 1 2 3 4 5 record of those meetings. N/R Comments: Average Score: Do not count N/R in the average score. A-21 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 158 OVERSEES ANNUAL AND SPECIAL PROJECTS BUDGETS Develops an annual budget for Council review that identifies operational needs. 1 2 3 4 5 N/R Prepares a special project plan, implementation and budget for Council approval. 1 2 3 4 5 N/R Maintains Council's annual budget. 1 2 3 4 5 N/R Advises Council of needs for council chambers to provide adequate area for 1 2 3 4 5 public meetings. N/R Average Score: Do not count N/R in the average score. Comments: MAINTAINS POSITIVE RELATIONSHIP WITH THE PUBLIC Is the primary point of contact for public information requests, and is responsible 1 2 3 4 5 for the timely return of the requests. N/R Provides information on public meetings and events. 1 2 3 4 5 N/R Is courteous and receptive to public concerns and complaints ,and documents 1 2 3 4 5 them for the affected department and Council review. N/R Average Score: Do not count N/R in the average score. Comments: A-22 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 159 Following are the goals of the City Clerk as set by the City Council at the City Clerk's previous evaluation: GOAL 1 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R GOAL 2 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R GOAL 3 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R Comments: Average Score: Do not count N/R in the average score. A-23 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 160 OVERALL SCORE Carry over the average score from each section: Oversees The Day -To -Day Operations Of The Clerk's Office Maintains Good Working Relationship With City Council Oversees Annual And Special Projects Budgets Maintains Positive Relationship With The Public Goals All Scores Added Together = Final Score = Comments: =5 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 CITY COUNCIL EVALUATION FORM For City Clerk NOT PUBLIC Circle the response that best reflects your personal observation with regards to each of the following criteria: 5 Excellent 4 Above Average 3 Average 2 Below Average 1 Unacceptable N/R Not Rated (not included in tally) OVERSEES THE DAY-TO-DAY OPERATIONS OF THE CLERK'S OFFICE Keeps and maintains appropriate files and records of the City. 1 2 3 4 5 N/R Keeps informed of matters which may require Council action. 1 2 3 4 5 N/R Keep all ordinances, resolutions, agreements and contracts, when appropriate, of 1 2 3 4 5 the City, and authenticates such records, as necessary. N/R Manages requests for public information. 1 2 3 4 5 N/R Ensures staff members are properly trained in procedures of the office. 1 2 3 4 5 N/R Shall attest the signature of the City Manager on all contracts, except as 1 2 3 4 5 otherwise provided by code, as approved by Council. N/R Prepares travel documents and arrangements for Council members traveling on 1 2 3 4 5 City business. N/R Comments: Average Score: Do not count N/R in the average score. A-25 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 I"M MAINTAINS GOOD WORKING RELATIONSHIP WITH CITY COUNCIL Shall be the clerk of the Council. Shall attend all meetings of the Council (or a 1 2 3 4 5 representative) and shall keep a record of its proceedings. N/R Encourages a rapport that facilitates trust and coordination with Council. 1 2 3 4 5 N/R Disseminates complete accurate information that involves council action equally 1 2 3 4 5 to all members in a timely manner. N/R Coordinates information, concerns, complaints from the public to Council 1 2 3 4 5 members. N/R Provides equipment and training, if necessary, to Council members. 1 2 3 4 5 N/R Acts as the Public Information Officer during severe emergency operations and is 1 2 3 4 5 the focal point for Council during emergency events. N/R Acts as the parliamentary advisor to the Council during Council meetings. 1 2 3 4 5 N/R Coordinates and administers city elections, absentee voting, worker training and 1 2 3 4 5 canvass boards effectively. N/R Administers all oaths of office and attests to the signature of the Mayor. 1 2 3 4 5 N/R Coordinates the public broadcast of Council meetings and maintains the audio 1 2 3 4 5 record of those meetings. N/R Average Score: Do not count N/R in the average score. Comments: Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 163 OVERSEES ANNUAL AND SPECIAL PROJECTS BUDGETS Develops an annual budget for Council review that identifies operational needs. 1 2 3 4 5 N/R Prepares a special project plan, implementation and budget for Council approval. 1 2 3 4 5 N/R Maintains Council's annual budget. 1 2 3 4 5 N/R Advises Council of needs for council chambers to provide adequate area for 1 2 3 4 5 public meetings. N/R Average Score: Do not count N/R in the average score. Comments: MAINTAINS POSITIVE RELATIONSHIP WITH THE PUBLIC Is the primary point of contact for public information requests, and is responsible 1 2 3 4 5 for the timely return of the requests. N/R Provides information on public meetings and events. 1 2 3 4 5 N/R Is courteous and receptive to public concerns and complaints ,and documents 1 2 3 4 5 them for the affected department and Council review. N/R Average Score: Do not count N/R in the average score. Comments: A-27 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 164 Following are the goals of the City Clerk as set by the City Council at the City Clerk's previous evaluation: GOAL 1 (City Clerk will insert goals established from the previous evaluation here) 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R GOAL 2 (City Clerk will insert goals established from the previous evaluation here) 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R GOAL 3 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R Average Score: Do not count N/R in the average score. Comments: Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 I OVERALL SCORE Carry over the average score from each section: Oversees The Day -To -Day Operations Of The Clerk's Office Maintains Good Working Relationship With City Council Oversees Annual And Special Projects Budgets Maintains Positive Relationship With The Public Goals Comments: All Scores Added Together = • Final Score = =5 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 I[ci'd Evaluation Period: City Clerk Name: FINAL SCORE Final Score: COMMENTS CITY COUNCIL EVALUATION SUMMARY For City Clerk PUBLIC FEW Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 I11YA GOALS FOR COMING YEAR Following are the goals of the City Clerk as set by the City Council at the City Clerk's current evaluation for the coming year: GOAL 1 (City Clerk will insert goals established from the previous evaluation here) Identity a measurable component of the goal {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal GOAL 2 {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal GOAL 3 {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal ACKNOWLEDGED City Clerk Signature Date Mayor Signature Date Council Member Signaturefirom Tabulation Team Date Council Member Signaturefirom Tabulation Team Date A-31 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 168 CITY MANAGER EVALUATION CRITERIA Responsibilities & Goals PUBLIC Following are the primary responsibilities of the City Manager for the City of Seward: OVERSEES THE DAY-TO-DAY OPERATIONS OF ALL MUNICIPAL SERVICES • Manages workforce and mediates personnel issues. • Manages all finances, budgets and investments of the city. • Negotiates and/or reviews contracts and leases. • Ensures daily operations of city departments are within the goals set by the Council and the community. • Ensures the enforcement of city codes and ordinances. • Functions as the Incident Commander for major emergencies as detailed in the City's Emergency Operations Plan. • Verbal and written communications are thoughtful, clear and to the point. OVERSEES PROJECTS • Facilitates project development, coordination and prioritization. • Oversees all project implementation plans and budgets. • Monitors and reports projects status and budget to Council in a timely manner. • With the Finance Director, facilitates issuance of municipal bonds, as required. • Ensures contracts for projects are adhered to. MAINTAINS A GOOD WORKING RELATIONSHIP WITH CITY COUNCIL • Encourages rapport that facilitates trust and cooperation. • Carries out directives of the body. • Disseminates complete and accurate information equally to all members in a timely manner. • Responds cooperatively to requests and advice. • Supports the actions of the elected body, both inside and outside of the organization, after a decision has been reached. • Works with Council to facilitate and develop their thoughts and ideas into cohesive policy. REPRESENTS THE CITY ON ALL TECHNICAL MATTERS WITH EXTERNAL AGENCIES • Acts as lobbyist, or coordinates with the City's lobbyist, with state and federal legislators. • Acts as a point of contact for state and federal agencies. • Represents the city with other municipalities and municipal groups. • When requested, coordinates public meetings with outside agencies or groups that may have an impact on the community. • Skillfully and favorably represents the City to the press, radio and television. A-32 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 169 A-33 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 170 MAINTAINS A POSITIVE RELATIONSHIP WITH THE PUBLIC • Is available for public comments, issues or complaints. • Coordinates resolution of public issues or concerns. • Makes an appropriate effort to maintain citizen satisfaction with services. • Is responsive to citizen requests for information in a timely manner. • Represents Council's positions/policies accurately and effectively to the public. • Acts as an active liaison with the business community to assist in maintaining current businesses, and strives to attract new businesses tothe City. FISCAL • Manages the financial resources of the City to ensure the City maintains a sound financial condition. • Has a sound approach to the budget preparation and review processes which aids Council in developing a realistic budget that is submitted on time. • Effective in controlling costs through the economic utilization of manpower, materials, and equipment. • Provides sufficient information on the current financial status ofthe City. • Communicates concerns in a timely manner to the Council regarding issues that may significantly affect the City fiscally in the foreseeable future. Following are the goals of the City Manager as set by the City Council at the City Manager's previous evaluation: GOAL 1 GOAL 2 GOAL 3 {City Clerk will insert goals established from the previous evaluation here} Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IVA CITY MANAGER SELF -EVALUATION FORM NOT PUBLIC Circle the response that best reflects your personal observation with regards to each of the following criteria: 5 Excellent 4 Above Average 3 Average 2 Below Average 1 Unacceptable N/R Not Rated (not included in tally) OVERSEES THE DAY-TO-DAY OPERATIONS OF ALL MUNICIPAL SERVICES Manages workforce and mediates personnel issues. 1 2 3 4 5 N/R Manages all finances, budgets and investments of the city. 1 2 3 4 5 N/R Negotiates and/or reviews contracts and leases. 1 2 3 4 5 N/R Ensures daily operations of city departments are within the goals set by the 1 2 3 4 5 Council and the community. N/R Ensures the enforcement of city codes and ordinances. 1 2 3 4 5 N/R Functions as the Incident Commander for major emergencies as detailed in the 1 2 3 4 5 City's Emergency Operations Plan. N/R Verbal and written communications are thoughtful, clear and to the point. 1 2 3 4 5 N/R Comments: Average Score: Do not count N/R in the average score. A-35 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 fWf: OVERSEES PROJECTS Facilitates project development, coordination and prioritization. 1 2 3 4 5 N/R Oversees all project implementation plans and budgets. 1 2 3 4 5 N/R Monitors and reports projects status and budget to Council in a timely manner. 1 2 3 4 5 N/R With the Finance Director, facilitates issuance of municipal bonds, as required. 1 2 3 4 5 N/R Ensures contracts for projects are adhered to. 1 2 3 4 5 N/R Average Score: Do not count N/R in the average score. Comments: MAINTAINS A GOOD WORKING RELATIONSHIP WITH CITY COUNCIL Encourages rapport that facilitates trust and cooperation. 1 2 3 4 5 N/R Carries out directives of the body. 1 2 3 4 5 N/R Disseminates complete and accurate information equally to all members in a 1 2 3 4 5 timely manner. N/R Responds cooperatively to requests and advice. 1 2 3 4 5 N/R A-36 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 173 Supports the actions of the elected body, both inside and outside of the 1 2 3 4 5 orizanization_ after a decision has been reached. N/R Works with Council to facilitate and develop their thoughts and ideas into 1 2 3 4 5 cohesive policy. N/R Average Score: Do not count N/R in the average score. Comments: REPRESENTS THE CITY ON ALL TECHNICAL MATTERS WITH EXTERNAL AGENCIES Acts as lobbyist, or coordinates with the City's lobbyist, with state and federal 1 2 3 4 5 legislators. N/R Acts as a point of contact for state and federal agencies. 1 2 3 4 5 N/R Represents the city with other municipalities and municipal groups. 1 2 3 4 5 N/R When requested, coordinates public meetings with outside agencies or groups 1 2 3 4 5 that may have an impact on the community. N/R Average Score: Do not count N/R in the average score. Comments: FISCAL 1 2 3 4 5 N/R Manages the financial resources of the City to ensure the City maintains a sound 1 2 3 4 5 financial condition. N/R Council Rules of Procedure A-37 Adopted March 14, 1994 As Amended Through February 25, 2019 174 Has a sound approach to the budget preparation and review processes which aids 1 2 3 4 5 Council in develobina a realistic budget that is submitted on time. N/R Effective in controlling costs through the economic utilization of manpower, 1 2 3 4 5 materials, and equipment. N/R Provides sufficient information on the current financial status ofthe City. 1 2 3 4 5 N/R Communicates concerns in a timely manner to the Council regarding issues that 1 2 3 4 5 may significantly affect the Citv fiscally in the foreseeable future. N/R Average Score: Do not count N/R in the average score. Comments: MAINTAINS POSITIVE RELATIONSHIP WITH THE PUBLIC Is the primary point of contact for public information requests, and is responsible 1 2 3 4 5 for the timely return of the requests. N/R Provides information on public meetings and events. 1 2 3 4 5 N/R Is courteous and receptive to public concerns and complaints ,and documents 1 2 3 4 5 them for the affected department and Council review. N/R Average Score: Do not count N/R in the average score. Comments: Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 Iml Following are the goals of the City Manager as set by the City Council at the City Manager's previous evaluation: GOAL 1 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R GOAL 2 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R GOAL 3 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R Comments: Average Score: Do not count N/R in the average score. • Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IVV OVERALL SCORE Carry over the average score from each section: Oversees The Day -To -Day Operations Of All Municipal Services Oversees Projects Maintains A Good Working Relationship With City Council Represents The City On All Technical Matters With External Agencies Maintains A Positive Relationship With The Public Fiscal Goals Comments: All Scores Added Together = F.IWIN Final Score = =7 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 fVrl CITY COUNCIL EVALUATION FORM For City Manager NOT PUBLIC Circle the response that best reflects your personal observation with regards to each of the following criteria: 5 Excellent 4 Above Average 3 Average 2 Below Average 1 Unacceptable N/R Not Rated (not included in tally) OVERSEES THE DAY-TO-DAY OPERATIONS OF ALL MUNICIPAL SERVICES Manages workforce and mediates personnel issues. 1 2 3 4 5 N/R Manages all finances, budgets and investments of the city. 1 2 3 4 5 N/R Negotiates and/or reviews contracts and leases. 1 2 3 4 5 N/R Ensures daily operations of city departments are within the goals set by the 1 2 3 4 5 Council and the community. N/R Ensures the enforcement of city codes and ordinances. 1 2 3 4 5 N/R Functions as the Incident Commander for major emergencies as detailed in the 1 2 3 4 5 City's Emergency Operations Plan. N/R Verbal and written communications are thoughtful, clear and to the point. 1 2 3 4 5 N/R Average Score: Do not count N/R in the average score. Comments: Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 178 OVERSEES PROJECTS Facilitates project development, coordination and prioritization. 1 2 3 4 5 N/R Oversees all project implementation plans and budgets. 1 2 3 4 5 N/R Monitors and reports projects status and budget to Council in a timely manner. 1 2 3 4 5 N/R With the Finance Director, facilitates issuance of municipal bonds, as required. 1 2 3 4 5 N/R Ensures contracts for projects are adhered to. 1 2 3 4 5 N/R Average Score: Do not count N/R in the average score. Comments: Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 179 MAINTAINS A GOOD WORKING RELATIONSHIP WITH CITY COUNCIL Encourages rapport that facilitates trust and cooperation. 1 2 3 4 5 N/R Carries out directives of the body. 1 2 3 4 5 N/R Disseminates complete and accurate information equally to all members in a 1 2 3 4 5 timely manner. N/R Responds cooperatively to requests and advice. 1 2 3 4 5 N/R Supports the actions of the elected body, both inside and outside of the 1 2 3 4 5 organization, after a decision has been reached. N/R Works with Council to facilitate and develop their thoughts and ideas into 1 2 3 4 5 cohesive policy. N/R Average Score: Do not count N/R in the average score. Comments: Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 180 REPRESENTS THE CITY ON ALL TECHNICAL MATTERS WITH EXTERNAL AGENCIES Acts as lobbyist, or coordinates with the City's lobbyist, with state and federal 1 2 3 4 5 legislators. N/R Acts as a point of contact for state and federal agencies. 1 2 3 4 5 N/R Represents the city with other municipalities and municipal groups. 1 2 3 4 5 N/R When requested, coordinates public meetings with outside agencies or groups 1 2 3 4 5 that may have an impact on the community. N/R Average Score: Do not count N/R in the average score. Comments: 1 2 3 4 5 N/R Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IN Following are the goals of the City Manager as set by the City Council at the City Manager's previous evaluation: GOAL 1 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R GOAL 2 {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R GOAL 3 (City Clerk will insert goals established from the previous evaluation here) 1 2 3 4 5 Identity a measurable component of the goal N/R {City Clerk will insert goals established from the previous evaluation here} 1 2 3 4 5 Identity a measurable component of the goal N/R Average Score: Do not count N/R in the average score. Comments: Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 MY, OVERALL SCORE Carry over the average score from each section: Oversees The Day -To -Day Operations Of All Municipal Services Oversees Projects Maintains A Good Working Relationship With City Council Represents The City On All Technical Matters With External Agencies Maintains A Positive Relationship With The Public Fiscal Goals Comments: All Scores Added Together = W,• Final Score = =7 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 183 CITY COUNCIL EVALUATION SUMMARY For City Manager PUBLIC Evaluation Period: City Manager Name: FINAL SCORE Final Score: COMMENTS Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 184 GOALS FOR COMING YEAR Following are the goals of the City Manager as set by the City Council at the City Manager's current evaluation for the coming year: GOAL 1 (City Clerk will insert goals established from the previous evaluation here) Identity a measurable component of the goal {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal GOAL 2 {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal GOAL 3 {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal {City Clerk will insert goals established from the previous evaluation here} Identity a measurable component of the goal ACKNOWLEDGED City Manager Signature Date Mayor Signature Date Council Member Signaturefirom Tabulation Team Date Council Member Signaturefirom Tabulation Team Date Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IU11 ROBERTS MULES OF ORDER CLASSIFICATION OF MOTIONS Motions, also referred to as -'questions", are proposals madc before the meet- ing for consideration acrid action of the members. Roberts Rules of Order clas- sifies motions as follows: Pri\ ile-;ed Mo ions - The highest ranking motion; one that is not dircctl\ related to any other motion being considered but takes precedence over it and all other motions. (i.e. - motion to adjotlril) Incidental Motions - a motion that is prompted by or arises from another motion, nh�iLkwr\ or sc�c�rl�l;ln motions - a motion applied to an- oilj,:r motioii urfcntlY being considered as a ineans of dis- ol,111�: odlcr Inotioli. Nklin ol. 1)1-111,1k1,11 111olion - ;111e 11101ioll lad inh-odt],:e bil"iness al �1 111��[i1Y�. 1. PR VILEGED MOTION S 1. To fix time of next meeting 2. To Adjourn 3. Question of Privilege 4. To call for Orders of the Day 2. INCIDENTAL MOTIONS 1. Rise to a point of Order 2, Appeal 3, To Suspend the Rules 4. To create special orders S. To Withdraw or Renew a Motion 6. Voting - Division Motion to Ballot 7. Objection to Consideration Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 WE 1'd Council R Robert's Mules Parliamentary Procedure Motions Chart The motions below are listed in order of precedence. A motion can be introduced if it is higher on the chart than the pending motion. I You Want: You Say: Interrupt? Znd? Debate? Amend? Vote" §21 Close meeting I move to adjourn No Yes No No majority §20 Thke break I move to recess for.. No Yes No Yes Majority §19 Register I rise to a question of yes No No NO None privilege § 1a Make follow I call for the orders of Yes No No No None agenda the day § 17 Lay aside I move to lay the No Yes No No Majority temporarily question on the table §16 Close debate I move the previous No Yes No No 2J3 question §15 Limit or extend I move that debate be No Yes No Yes 2/3 debate limited to... § 14 Postpone to a I move to postpone the No Yes Yes Yes Majority certain time motion to... § 13 Refer to I move to refer the No Yes Yes Yes Majority committee motion to... §12 Modify wording of I move to amend the motion motion by... No Yes Yes Yes Majority §11 Kill main motion I move that the motion be postponed No Yes Yea No Majority indefinitely §10 Erring lousiness I move that berore assembly [or -to"]... No Yes Yes Yes Majority (a main motion) Incidental Motions - no order of precedence. Arise incidentally and are decided irnmediately. § You Want: You Say: Interrupt? 2nd7 Debate? Amend? Vote? §23 Enforce rules Point of Omer Yes No No No None §24 Submit matter td I appeal from the Yes Yes Varies No Majority assembly decislon of the chair §25 Suspend rules I move to Suspend the No Yes No No 213 rules §26 Avoid main motion I object to the altogether consideration of the Yes No No No 2/3 question §27 Divide motion i move to divide the No Yes No Yes Majority question §29 Demand a rising Division Yes Na No No None vote §33 Parliamentary law Parliamentary inquiry Yes No No No None question §33 Request for Request for information information Yea NO No No None Motions That firing a Question Again Before the !assembly - no order of precedence. Introduce otily when nothing else is pending. YOtr Want: You Say: Interrupt? 2nd? Debate? Amend? Vote? §34Take matter I moue to take No Yes N0 Np Majority from table from the table... §35Cancel I move to rescind... No reYeyes 2/3 or Majority s s previous action with notice §37 Reconsider I move to No Yes Va-ie5 No Majority motion reconsider... y 25, 2019 187 WOMB' 00 1PPJOMT �R P ]-lark w'tv �d+7p•Ps'�5 wear+ you vddNt • ,lYl VYt•ft v .-rn. is Wj�w + R** V4 DS[$r&H Ve rarer. SW, -W. for Madwrp C F `or'W. I- til r . 7� Council Rules of Procedure Y �w * GIs ? a'd —S*- . swff yur rrrd OMwfrffq*w* Sayr, 't oabnw I � ,� xYa l9% " w ra ' i'' Gn �'+ 4 arorJ encrtl atUK" i 0 vw vwr Fog WOOV ' • MtlidhEiP frwrt`co wwry. 't raF6LxY !" Or. rnv rt%mr,,.t av Lg • ft tt Fs M t!•]Ma. -Mtew a trrlr'd w oxrm*w ios r-vo 71n PM perWI W rvr iowfe a scti-gri d Y i aw Pra 1•lidA • As fhe pv*y v#m mwle ttw mielM }cue w af+onwd w apt Sm. to flee ctw. • V400wtr*Mich*Yk RW oUw speakm are UhWx-i by+ ri to O:wpft56 the ha# -Ow 9 4+ (go I Adopted March 14, 1994 vow P*IIQ4 • The Chw rrr.It1 atrrr. ,Ait - AM Ma toppwa, eelbke of worq 0266 n. Prey+ w.,*,4YOw I O*vt 0 ww*6C 4Se 14 Pr •K 6AP*�•��� pm TIOL QVJL& - The dNw eiht.'✓ a you mody kr dM wmcnr * ff •'�4 rr{yap 414lse. 4r r ,x earn i. slkop d adop:m a %,Ckt -s tam n. the re*a.P 8 As Amended Through February 25, 2019 188 City of Seward City Council Mobile Device Acceptable Use Policy 1. Purpose. The City of Seward recognizes the benefits of utilizing digital communication and information, and supports the utilization of the mobile devices by the City Council. Users of City - issued mobile devices acknowledge, understand, and agree to abide by the terms of this policy. 2. Receipt of mobile device. The City Clerk's Office will issue mobile devices that include appropriate applications for uses relating to City business. The mobile devices will serve as the sole source of meeting packets, and paper packets will not be provided except in the event that technical problems require the use of paper packets. A City -issued mobile device is defined to include the device itself, and any other accessories provided by the City such as power cords, stylus tools, keyboard cases, etc. 3. Care of mobile device. Users are responsible for the general care of the mobile device that they have been issued by the City. Mobile devices must remain free of any writing, drawing, stickers, or labels that are not the property of the City. Only a clean, soft cloth should be used to clean the screen. Users may consult with the IT Department or City Clerk with any questions or concerns related to appropriate care of the mobile device. 4. Software on mobile device. The software and applications installed by the City must remain on the mobile device in usable condition and be readily accessible at all times. From time to time, the City may add or upgrade software applications such that users may be required to check in their mobile devices with the IT Department or the City Clerk for periodic updates and syncing. In the event it becomes necessary to restore a mobile device to its original condition, the City will not be held responsible for the loss of any software, documents, photos or other content that may be deleted due to the need to re -format and/or re -image the mobile device. Any applications, software, files, or content downloaded via the Internet into the City systems become the property of the City and may only be used in ways that are consistent with applicable licenses, trademarks, or copyrights. Files from sources that a user may have any reason to believe may be untrustworthy shall not be downloaded, nor shall files attached to email transmissions be opened and read unless the user has knowledge that they originate from a trustworthy source. Downloaded files and attachments may contain viruses or hostile applications that could damage the City's information systems. Users will be liable for any expenses incurred by the City arising from a user's breach of security caused by files obtained for non -City business purposes. 5. Life of the mobile device. The technological life of the mobile devices will vary; therefore, the mobile devices will be assessed periodically and, when necessary, the City will purchase upgraded devices through the budgeting process. Decommissioned devices will be placed in the City surplus sale for public auction. B-1 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 189 o 6. Security of the mobile device. The user shall maintain a secure PIN or other password protection and a time-out setting on the device to avoid access by unauthorized users, and shall physically secure the mobile device to restrict unauthorized access. The PIN must be provided to the City Clerk's Office and through the Clerk's Office made accessible to the Information Technology (IT) Department. The PIN may not be shared with any unauthorized users. 7. WARNING — NO PRIVACY. There is no privacy granted to any user regarding use of a City - provided mobile device. The City retains the absolute right to inspect, retain, or otherwise gather any Internet -related data or evidence of activity including e-mail, e-mail attachments, downloaded files, or browser history of sites visited using any City -provided mobile device. Users of City - provided mobile devices should consider any Internet activity or other mobile device use to be monitored by the City. Communications, whether relating to City business or not, made via City - issued devices may be subject to disclosure under the Public Records Act or for litigation purposes unless a privilege or exception exists that justifies withholding the information. 8. Audits. All mobile devices are subject to audit by the Information Technology Department. If contacted by IT, users have three days to provide their mobile device to the IT Director. They may be provided a "loaner" to use in the interim. Typically, the IT Department will return the mobile device to the user within five business days. 9. Representations. In any posting to public forums, networking sites, or e-mail correspondence, users must take care to ensure that their personal statements, views and opinions are not misconstrued as official positions of the City. Users may not represent their statements as official City policy unless authorized to do so. 10. Email Usage for City Business. For the purposes of activity related to City business, the user shall conduct all email communication through their assigned City email account. To preserve public records, all email messages that are sent to or from a user's City email account on the mobile device are routed through a City server and archived on the City computer network. Such messages may be public records that are subject to public access and inspection. Mobile device users have no expectation of privacy in those messages. The user's City email account may be synced to the user's individual mobile device. Personal email boxes may be synced to the City - provided mobile device as well, but all City -related business must be conducted through the City email address or copied to the City email address if the user's personal email box is used. Text messages sent to or from a user's City -provided mobile device are not routed through a City server or archived on the City computer network, and hence, are not preserved as public records. Users may not use text messages for communications about City business that must be preserved as public records for their informational value or as evidence of the organization or operation of the City. A user's use of a City -provided mobile device to send text messages for City business must be limited to communications that are transitory —those that after their immediate use will have no value as evidence of the organization or operation of the City, such as routine appointment and scheduling requests. Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 190 It. Acceptable Use. The mobile device, Internet and email access provided are tools for conducting City business. Thus, use of such tools will be primarily for City business related purposes; i.e., to review City Council agenda materials, obtain useful information for City -related business communications as appropriate. All of the City's computer systems, including the mobile device, are considered to be public property. Mobile device, Internet, and email activities will be traceable to the City and may impact the reputation of the City. Users are expected to exercise good judgment and restraint in their personal use of City -provided mobile devices. City -issued mobile devices shall not be used to send or knowingly download any vulgar, discriminatory, or pornographic content. Users shall refrain from making any false or defamatory statements or committing otherwise unlawful, unprofessional or unethical acts utilizing a City -issued mobile device. City -issued mobile devices are not to be used for operating a business for personal gain, sending chain letters, or for any other purpose that interferes with normal City business activities. Users shall not use City -issued mobile devices for any illegal activity. Except in an emergency, users shall not use email, instant messaging, text messaging, or similar forms of electronic communications at any time during a meeting of the City Council. Users shall not use the mobile device in any way as to violate the Open Meetings Act requirements of the State of Alaska. Mobile device users are allowed to have music and install applications on their mobile device; however, the items downloaded and synced to the mobile device must be in compliance with Federal copyright laws and shall be acquired at the expense of the user and will be deemed surrendered and forfeited, including any content created by a user on the mobile device, when the mobile device is decommissioned. All applications used in the course of business -related activities shall be secured in conjunction with the City Clerk's Department. 12. User Responsibility. It is the responsibility of the user to ensure the City -provided mobile device is kept in a reasonable and safe condition. Should a mobile device be accidentally lost, damaged, or stolen, responsibility for replacement shall be as follows: a. First time: City shall repair or replace at no cost to the user. b. Second time: The City shall pay half the cost of repair or replacement and the user shall pay half the cost. C. Thereafter: The user shall be entirely responsible for repair or replacement costs and shall replace the unit within two weeks of the equipment loss. Mobile devices that are damaged or destroyed through intentional misuse must be repaired or replaced at the user's expense. The user of the device must notify the City Clerk's Office immediately or as soon as practicable upon loss, theft or suspected loss/theft of the device. Where possible, the contents of the device will be remotely erased and the services associated with the device will be disabled. B-3 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IILS 13. Return of the mobile device. Users shall return their mobile device to the City Clerk's Department when the individual's term and service as Mayor or Councilmember has ended. Upon return of the mobile device to the City and following the preparation of any appropriate backup files, the mobile device will be wiped clean of any and all information. 14. Indemnification. The City bears no responsibility whatsoever for any legal action threatened or commenced due to conduct and activities of users in accessing or using these resources. All users agree to indemnify and hold harmless the City against any and all claims of any kind or nature whatsoever for damages, including tangible and intangible damages, costs and expenses suffered by the City arising out of any unlawful or improper conduct and activity related to City -provided mobile devices, and in respect of any action, settlement or compromise, or any statutory infringement. 15. Compliance with Policy. Any violation of this policy may result in discipline as deemed appropriate by the City Council. I hereby certify that I have received a written copy of the City Council Mobile Device Acceptable Use Policy. I have read and fully understand the terms of this policy and agree to abide by it. Dated: IN (Elected Official's Signature) (Printed Name) Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 IIRY: LEGISLATIVE HISTORY Below is a legislative history of the Rules of Council Procedure and its amendments: RESOLUTION ACTION EFFECTIVE 1994-031 Approving City Council Rules O Procedure 3/14/1994 1995-078 Amending The Council's Rules O Procedure 7/10/1995 1996-037 Approving The City Council Agenda Format And Regulations Governing Public 3/28/1996 Participation In City Council Meetings 1996-088 Amending City Council Rules O Procedure, Rule 39, Council Travel 7/8/1996 1996-108 Amending The City Council's Ado ted Rules O Procedure 8/26/1996 1998-013 Amending The City Council Rules Of Procedure To Amend Rule 26, Order Of 2/23/1998 Business, And Rule 27, Addressing The Council By The Public To Allow Citizen's Comments On Items Not Appearing On The Agenda 2003-095 Amending Rule 27 Of The City Council Rules Of Procedure, Eliminating The 9/4/2003 Need For A Physical Address To Be Given While Addressing The City Council 2003-101 Amending Introduction Page Ii Of The City Council Rules Of Procedure, 10/23/2003 Relating To A Change In The Regular Meeting Day Of The Planning And ZoningCommission 2003-116 Amending Rule 7, Rule H, Rule 13, Rule 15, Rule 23, Rule 24, Rule 27 (B)(1), 11/24/2003 Rule 27 (2)(A), Rule 27 (2)(C), Rule 27 (11)(D), Rule 28 (D), Rule 32 (A), Rule 34 (A), Rule 36 (B), Rule 38, Rule 39, Rule 40, And Rule 42 Of The City Council Rules Of Procedures, Deleting Gender Specific Wording 2003-117 Amending The Introduction Page I Paragraph 4 Of The City Council Rules Of 11/24/2003 Procedures To Delete Gender Specific Wording 2003-118 Amending What Is Now Page 22 Section V 94 Of The City Council Rules To 11/24/2003 Delete Gender Specific Wording 2003-119 Amending What Is Now Page 25 Section IV Under The Heading "Due Process 11/24/2003 Checklist —Licenses And Permits" Of The City Council Rules Of Procedures To Delete Gender Specific Wording 2003-120 Amending What Is Now Page 27 Section VI 92 Under The Heading "Taking 11/24/2003 (Inverse Condemnation) Checklist" Of The City Council Rules Of Procedures To Delete Gender Specific Wording 2003-121 Amending What Is Now Page 28 Section VI 914 Under The Heading "General 11/24/2003 Ordinance Adoption Checklist" Of The City Council Rules Of Procedures, To Delete Gender Specific Wording 2003-122 Amending Rule 16 Of The City Council Rules Of Procedures, Relating To A 11/24/2003 Change In The Month That Salary Negotiations Would Take Place For The City Clerk And City Manager 2003-123 Amending Rule 9 (A) And Rule 9 (B) Of The City Council Rules Of Procedures 11/24/2003 Relating To A Change In The Deadline For Adding Items To The City Council Agenda 2003-124 Amending Rule 8 (C) Of The City Council Rules Of Procedures Adding 11/24/2003 Reference To The Seward Charter And Seward City Code Regarding The Deadline For Delivering Mail To Council, City Manager, Newspaper And Radio Stations, AndDeleting Unnecessary Verbiage 2003-125 Amending Rule 20 (B)(2) On Page 7 Of The City Council Rules Of Procedures 11/24/2003 Adding A Sentence And Referencing Seward Charter 3.51, Regarding Obli ations Of Council Members Procedure D-1 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 193 RESOLUTION ACTION EFFECTIVE 2003-126 Amending Rule 32 (A) And Rule 32 (B) On Page 17 Of The City Council Rules 11/24/2003 Of Procedures Deleting Gender Specific Wording, Adding Verbiage Regarding The Effective Date Of Emergency Ordinances And Adding Reference To Seward City Code 2003-127 Amending Rule 37 Of The City Council Rules Of Procedures Deleting Gender 11/24/2003 S eci ac Wording AndAdding Reference To Seward City Code 2004-003 Amending Rule 41 Of The City Council Rules Of Procedures Updating The 1/122004 Deadlines For Budget Priorities And Policies 2005-071 Amending Rule 4 And Rule 29 (C) Of The City Council Rules Of Procedures To 8/8/2005 Allow For Council Liaison Appointments To Be Optional Instead O Mandator 2005-082 Amending Pages II, III, And IVAnd Rule 29 (C) Of The City Council Rules Of 9/12/2005 Procedures Requesting In The Absence Of Council Liaisons, A Member Of Each Board And Commission Give Periodic Reports To Council 2006-021 Amending Rule 22 Of The City Council Rules Of Procedures To Reflect 3/13/2006 Exclusion Of Elected Officials From The Public Employees Retirement System PERS 2006-133 Amending The City Council Rules Of Procedures To Amend Rule 26, Order Of 12/11/2006 Business 2008-040 Amending The Introduction Of The City Council Rules Of Procedures, Port And 5/12/2008 Commerce Advisory Board Responsibilities 2009-078 Amending Minor Language Changes To Rule 35 Of The City Council Rules Of 8/24/2009 Procedures To Be Consistent With Past Changes 2009-079 Changing Rule 2 Of The City Council Rules Of Procedures To Reflect A Change 8/24/2009 In The Meeting And Ad journment Times For City Council Regular Meetings 2010-003 Amending Rule 16 Of The City Council Rules Of Procedures To Reflect Changes 1/11/2010 Made To The Evaluation Process For The City Manager, City Attorney, And CityClerk 2012-002 Amending The City Council Rules Of Procedures To Amend Rule 27, Addressing 1/9/2012 The Council By The Public — Citizens' Comments And Discussion, To Reflect The Time Limit From Two Minutes To Three Minutes Per Person And The Total Time From Not More Than 30 Minutes To Not More Than 36 Minutes 2014-021 Amending The City Council Rules Of Procedures Rule 26, Order Of Business 2/10/2014 And Rule 27, Procedures For A Public Hearin 2016-038 Amending The City Council Rules Of Procedures To Incorporate Mobile Use 6/13/2016 Device Acceptable Use Policy And To Clark Electronic Communications As It Pertains To Public Meetings 2017-038 Amending Rule 16 Of The City Council Rules Of Procedures To Reflect Changes 7/10/2017 Made To The Evaluation Process For The City Attorney, City Clerk, And City Manager 2019-018 Amending The City Council Rules O Procedures. 2/25/2019 2020-015 Amending The City Council Rules Of Procedures, Rule 26 Order Of Business 2/10/2020 And Rule 27 Addressing The Council By The Public D-2 Council Rules of Procedure Adopted March 14, 1994 As Amended Through February 25, 2019 194 Resolution 2022-085 Documents: • Agenda Statement • Resolution 2022-085 • Attachments: o Letter of Awarded Grant o Grant Agreement o Copy and Receipt of Awarded Check I&M City Council Agenda Statement Meeting Date: August 8, 2022 To: City Council Through: Janette Bower, City Manager From: Bailey Sayler, Director, Seward Community Library & Museum Agenda Item: Resolution 2022-085: Accepting and Appropriating Funds from the Rasmussen Foundation Grant, in the Amount of $7,000 for the Microfilm Scanner for the Seward Community Library & Museum Background and justification: The Seward Community Library & Museum current microfiche has stopped functioning. The Library Director sought grants to help purchase a new one for patrons and researchers within the community. We applied and were awarded a $7000 grant from the Rasmussen foundation for purchasing the software and new microfiche for the Seward Community Library & Museum. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 7000 This legislation (✓): ✓ Creates revenue in the amount of: $ Creates expenditure in amount of: $ ✓ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): ✓ Not budgeted Not applicable 7000 7000 Microfiche has not been budgeted Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): ✓ General SMIC Boat Harbor Parking Motor Pool Other Unassigned Fund Balance*: Available Unrestricted Cash Balance* Electric Wastewater Water F1 Healthcare $ 2,971,784.17 *unaudited numbers 5/31/22 $ 7,739,659.54 Finance Signature: IKV, Attorney Review HV Yes Attorney Signature: Not applicable Comments: e✓ Adopt Resolution Other: Administration Recommendation I M h Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-085 A Resolution of the City Council of the City of Seward, Alaska, Accepting and Appropriating Funds from the Rasmussen Foundation Grant, in the Amount of $7,000 for the Microfilm Scanner for the Seward Community Library & Museum WHEREAS, the Seward Community Library and Museum was notified of the Rasmussen Foundation Grant in April 2022; and WHEREAS, the Seward Community Library and Museum submitted the Tier 1 Grant Application from the Rasmussen Foundation in April 2022; and WHEREAS, the Library Research Room Microfilm Scanner Grant was approved and the grant agreement was received on November 19, 2021; and WHEREAS, the priority of the grant funding is to purchase a new microfilm scanner and new software; and WHEREAS, the new system allows for efficient research and access to historic newspapers on microfilm and allow digital files to email and drop box: and WHEREAS, the cash donations from the City, the Resurrection Bay Historical Society, and the Seward Community Library Association are $1,410 total for the one-year service contract, installation & training, and freight; and WHEREAS, grant funds will be administered by the City staff and expenditures reimbursed after invoices are submitted; and WHEREAS, the period of the grant upon full exactions ends July 31, 2023, with no options for extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager is hereby authorized to accept and appropriate grant to pay vendors for services rendered to fulfill the Tier 1 Grant from the Rasmussen Foundation. Section 2. Funding in the amount of $7,000 is hereby accepted from the Tier 1 Grant from the Rasmussen Foundation for the purchase of Microfiche, monitor, and software in the account 01000-1500-4253-0016 Misc. GF Grants, the expenses will be appropriated in the account 0100- 15000-7215-0016 Operating Supplies. 198 CITY OF SEWARD, ALASKA RESOLUTION 2022-085 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 81n day of August, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 199 RASMUSON FOUNDATION 301 W. Northern Lights Blvd Suite 601 Anchorage, AK 99503 TeI 907-297-2700 info@rasmuson.org rasmuson.org BOARD of DIRECTORS Adam Gibbons, Chair Jay Gibbons Lile R. Gibbons Rebecca Brice Henderson Kathy Hurlburt, MD Curtis McQueen Mike Navarre Cathryn Rasmuson Judy Rasmuson Marilyn Romano Angela Salazar Natasha von lmbof PRESIDENT Diane Kaplan June 29, 2022 Ms. Janette Bower City Manager City of Seward P.O. Box 167 Seward, AK 99664 Dear Ms. Bower; We work to promote a better life for Alaskans. I am pleased to inform you that the City of Seward has been awarded a $7,000 grant for a microfilm scanner. You will receive a payment within two weeks via Bill.com, with the option to sign up for future payments electronically. By accepting the funds, you agree to the terms of the enclosed Grant Agreement. We are interested in keeping in touch with your organization. Please include us on your regular mailing list and let us know of any significant accomplishments or special events. In addition, we would appreciate hearing how this grant has made a positive difference for your organization and your community. A final report is due for this project by July 31, 2023, The final report may be submitted online through the Rasmuson Foundation grantee portal at grants.rasmuson.org. We are honored to partner with organizations such as yours to promote a better life for all Alaskans. If you have any questions please contact Ukallaysaaq Okleasik at (907) 297-2700, toll -free in Alaska (877) 366-2700, or email at uto@rasmuson.org Congratulations on your award. Best regards, Alexandra Kim McKay Vice President of Programs Enclosures RF grant number 16847 City of Seward 200 I1 A J i'"'i U S "+,d' tl FOUNDATION Grantee: Total Award Amount: Project Title: Date Awarded: Grant Number. Grant Type: GRANT AGREEMENT City of Seward $7,000.00 Library research room microfilm scanner June 03, 2022 16847 Tier 1 Award Detail and Conditions: $7,000 outright grant for a microfilm scanner. Program Staff: Ukallaysaaq Okleasik Rasmuson Foundation Grant Award and Conditions Grant Number The Grant Number for this award is 16847. Please refer to this number in all correspondence related to this award. Grant Payments Payment of the grant funds will be mailed within two weeks via Bill.com. If Grantee wants to be paid electronically in the future, Grantee may sign up on Bill.com for ACH payments. By accepting these funds, Grantee agrees to accept all grant award conditions and comply with Rasmuson Foundation's requirements. Expenditure of Funds This grant is based upon a specific proposal containing a project description. It is expected that the entire amount of this grant will be applied to the described project and not used for any other purposes. If unspent funds remain at the end of the grant period, the balance of the grant funds must be returned to the Foundation. Grant Duration As agreed during the grant proposal review process, the grant has the following beginning and end dates: Grant begin date: June 03, 2022 Grant end date: June 30, 2023 Extension Extensions are not encouraged for small grants. Should Grantee be unable to complete the project by the grant end date, Grantee should contact the assigned Program Officer. RF grant number 16847 City of Seward 04iy Budget Reallocation or Project Revision Requests to substantially revise the scope of an award for activities not proposed initially or inconsistent with the award's intent are not permitted. Unspent Funds It is the policy of the Foundation that unspent funds are returned with the final report. Reporting Requirements and Forms A final report is due within 30 days after the grant end date. In reporting, Grantee should describe the project's status and explain its impact on the organization and community. A final report should be submitted online through the Rasmuson Foundation grantee portal at grants.rasmuson.orq. If you cannot access the grantee portal, please contact the Foundation for assistance. If necessary, the Grantee may submit a final report via email (a form in a fillable PDF format is available on the Foundation's website at www.rasmuson.org/forms). Certification of IRS Status By depositing the grant check and agreeing to this document, Grantee certifies that it is a tax- exempt agency under Section 501(c)(3) of the Internal Revenue Code and is classified as not a private foundation under Section 509(a)(1) or 509(a)(2) of the Code, or is a unit of government, or is a federally recognized tribal organization. If the organization is required to file form 990 or any version thereof, Grantee certifies that these have been filed for the last three tax years (the most recent tax year may be on an unexpired extension). Any change in IRS tax-exempt status must be promptly reported to the Foundation. Chanqe in Key Personnel or Contact Information Please notify your Program Officer in writing any changes in leadership or key personnel or changes of contact information. Termination of Award Failure to fulfill the terms of this agreement may result in the termination of the grant. If the grant is terminated, the Foundation may ask for the return of grant funds. Also, the organization may be ineligible to apply for future funding from the Rasmuson Foundation. If you have questions, please call or email your assigned Program Officer: Program Staff: Ukallaysaaq Okleasik Phone: (907) 301-4976 or toll free in Alaska (877) 366-2700 Email: uto@rasmuson.org RF grant number 16847 City of Seward 041YA Remittance Info: Inv #16847 Rasmuson Foundation 301 W Norther Lights Blvd Suite 601 Anchorage, AK 99503 9072972700 PAY TO THE City of Seward ORDER OF Seven Thousand and 00/100 0015408 01 MB0515 "AUTO H61 514299664-016767-C71-P75423-1 Itltt��IIIIiIIIIIItItIIIuIItIItIIIIIIrtIILlNllllllll�llllllltl City of Seward 410 ADAMS STREET P.O. BOX 167 SEWARD, AK 99664-0167 SILICON VALLEY BANK Verify: 888-237-9615 90-4039/1211 From: Rasmuson Foundation Date: 7/19/2022 Pay To: City of Seward Check #: 64410554 Invoice # Bill Amount Payment Amount 16847 $7.000.00 $7,000.00 Total $7,000.00 0920 We work to promote a better life for Alaskans. June 29, 2022 RASMUSON FOUNDATION Ms Janette Bower City Manage: 301 w NartW, l,Ent. B" City of Seward 5.0. sin P 0 Box 167 A-K —Ia.. An 99h03 Seward, AK 99664 7.6907-i713700 Iniepn.mn.on as Dear Ms Bower I am pleased to Inform you that the City of Seward has been rasmuson.ora awarded a $7,000 grant for a mcforitm scanner You will receive a payment within two weeks via Bill.com, with the option to sign up for future payments electronically By accepting the funds, you agree to the terms of the enclosed Grant Agreement We are interested in keeping in touch with your organization Please include us on your regular mailing Ifst and let us know of any significant accomplishments or special events. In addition, we would appreciate hearing how this grant has made a positive difference for your organization and your community A final report is due for this protect by July 31 2023 The final report may be submitted online through the Rasmuson Foundation grantee portal at grants ras mason org We are honored to partner with organizations such as yours to promote a better life for all Alaskans. If you have any questions please contact Ukallaysaaq Okleasik at (907) 297-2700 toll -free in BOARD If DiFECrOR9 Alaska (877) 366.2700 or email at uto@tasmuson.org M-1.M "C— W tiny,,,,, Congratulations on your award IJk R. GIM-�n. Reyecn Hrk.11eMrn.:n Best regards, ii.an.n NII curt,. N.irw.. Will. Will. Nxam l.dy N...,uun Alexandra Kim McKay ham" Ir. rw., Vice President of Programs Ant- Lour N+u.ha,.,:, Irolwl MtE61oENT 0u.. x4a.., Encbwres RF grant num r 188,17 City of sewer VOID AFTER 90 DAYS 00644105! 7/19/20 $ 7000. DOLL/ Get paid 2x faster! Receive your next payment in your bank account electronically Track your payments every step of the way d Join millions using Bill.com to pay and get paid online Go to bill.com/epay and enter the code below to get started: ckb01j12 01000 - P0-9a6�-ODJ t• a>• elmm� 5142.11-00-0015408-0001-0015448 4*1 Sent by Bill.com, Inc. U.S. Patent No. 8,521.626 CITY OF SEWARD 410 ADAMS STREET PO BOX 167 SEWARD AK 99664 phone: (907) 224-4050 Lookup Name 32780 RASMUSON FOUNDATION Description: Library Grant Award for microfilm scanner Misc GF Grants Received From Payment Type Check 7000.00 �Nevw)C - I n � I h'b o - q�" - DO ap RECEIPT * 43285 7/26/2022 (907) 297-2700 Check # Amounts 64410554 Due 7,000.00 Tendered 7,000.00 Change Due 204 Resolution 2022-086 Documents: • Agenda Statement • Resolution 2022-086 • Attachments: o Seward Quote 2500 - With Canopy NOR City Council Agenda Statement Meeting Date: August 8, 2022 To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, General Manager - Electric Agenda Item: Resolution 2022-086: Authorizing the City Manager to Purchase a 2022 Chevrolet Silverado, 2500 Regular Cab from Anchorage Chevrolet to Replace an Electric Operations Supervisor's Truck Using the State of Alaska Procurement Process for Competitive Bidding in the Amount Not To Exceed $48,479, and Appropriating Funds Background and justification: The Electric Department finds the need to replace vehicle #513 2006 Chevrolet Silverado. The replacement plan for electric cars is based on age and wear. An Operations Supervisor Truck has been in the shop multiple times and has engine noise, and it's over ten years old. Electric staff recommends the purchase of a 2022 Chevrolet Silverado, 2500 Regular Cab from Anchorage Chevrolet using the State bidding list. The repairs and maintenance of the current vehicle are starting to outweigh the replacement costs. Using the State's procurement of Chevrolet of South, Anchorage, the chosen vendor by the State for this vehicle, the City can save money on future repairs. In the Seward City Code, the City of Seward is allowed to use other governmental procurement procedures. Electric staff recommends the purchase of a 2022 Chevrolet Silverado, 2500 Regular Cab from Chevrolet of South, Anchorage using the State bidding list for $48,479.00. The Electric Department has acquired the sole sourcing purchasing a new vehicle is allowed under Seward City Code section 6.10.120.A. To supplies, materials, equipment, or contractual services which can only be furnished by a single dealer or which have a uniform ,nublisheal price Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: Reduce Energy Costs — Expand customer base within the Seward Electric utility area Other: Certification of Funds The total amount of funds listed in this legislation: $ 48,479 This legislation (✓): X Creates revenue in the amount of: $ TBD X Creates expenditure in the amount of: $ 48,479 Creates savings in the amount of: $ Has no fiscal impact OR Funds are (✓): X Budgeted Line item(s): Not budgeted Not applicable 03000-3000-8103 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Boat Harbor Parking ✓ Motor Pool Other Unassigned Fund Balance*: Available Unrestricted Cash Balance* Electric Wastewater Water F1 Healthcare $ 3,787,178.41 *unaudited numbers $ 2,702,333.47 Finance Signature: Attorney Review-' Administration Recommendation RYes X Adopt Resolution X Not applicable Other: WIN Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A 2022 CHEVROLET SILVERADO, 2500 REGULAR CAB FROM ANCHORAGE CHEVROLET TO REPLACE AN ELECTRIC OPERATIONS SUPERVISOR'S TRUCK USING THE STATE OF ALASKA PROCUREMENT PROCESS FOR COMPETITIVE BIDDING IN THE AMOUNT NOT TO EXCEED $48,479, AND APPROPRIATING FUNDS WHEREAS, the Electric Department needs a new truck to replace vehicle 9513, a 2006 Chevrolet Silverado that has incurred significant repair costs, making replacement necessary and more cost-efficient; and WHEREAS, this vehicle is essential to the day-to-day operations of the Electric Department; and serves as the primary service vehicle for the operations supervisor when out in the field; and WHEREAS, the Electric Department utilized the State of Alaska's competitive procurement requirements to select the preferred vendor, Chevrolet of South, Anchorage, for the vehicle; and WHEREAS, the City solicited a quote based on the State's competitive procurement process for operations supervisor truck, and Chevrolet of South, Anchorage provided the bid to meet the City's criteria; and WHEREAS, sole sourcing purchasing for a new vehicle is allowed under Seward City Code section 6.10.120.A. when supplies, materials, equipment, or contractual services which can only be furnished by a single dealer or which have a uniform published price; and WHEREAS, the Electric Department annually contributes funds to the motor pool fiend for the eventual vehicle replacement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to purchase a 2022 Chevrolet Silverado 2500 Regular Cab from the Chevrolet of South, Anchorage, with funding from the Motor Pool Fund reserves. Section 2. Funding of $48,479.00 is hereby appropriated from the Motor Pool Fund reserves account 03000-0000-3400 to capital equipment account no. 03000-3000-8103. 041M CITY OF SEWARD, ALASKA RESOLUTION 2022-086 Section 3. This purchase follows section SCC 6.01.010.1: "Maximize the purchasing value of public funds in the procurement of goods and services for the City" a 6.10.120(b) of Seward City Code for purchasing: "The City may utilize competitive bids obtained by other governmental units." Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 81n day of August, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 209 y pF StsY f 4t'; SirSOLE SOURCE JUSTIFICATION FORM Must be completed for all non-competitive Purchases" costing $Z.g0q.00 or more VENDOR: Chevrolet of South, Anchorage DATE: 08/01/2022 DEPARTMENT: Electric Department REQUESTER: Tatiana Calenici P.O. NUMBER: Describe the item(s) and its function: New 2022 Chevrolet Silverado 2500 Regular CAB for Operations Supervisor to Replace old vehicle SECTION I: Check the appropriate box below and provide documentation (or complete Section il, as required) ❑ Proprietary: Item under patent, license, copyright, or proprietary design. (attach documentation) ❑ Replacement Parts: The procurement is for replacement parts or components in support of equipment designed by the manufacturer; items that are compatible with existing equipment, inventory, systems, programs or services and not available from any other source. ❑ Warranty Services: Sole provider of factory -authorized warranty service. Use of alternate service provider will void existing warranty. (attach documentation) ❑ Used Equipment: The vendor is a holder of a used item that would represent good value. (attach information showing market price survey, availability, etc.) ❑ Emergency Requirement: Requirements must be met at once. An explanation of urgency, including a description of why procurement is critical and why only the proposed vendor can meet it. A lack of advance planning is not acceptable (Complete Section II.) ® Exclusive Capability: Only one supplier qualified. No other potential suppliers known. (Complete Section II.) Pitt, SECTION it: Narrative Justification: This section must be completed if either explanation of Emergency Requirement or Exclusive Capability is identified as justification for sole source procurement. Explain why the identified vendor is recommended. The Justification must be completely explained and documented. It is important to be very precise when completing this section. The Chevrolet of South is -only one dealer in state who sells customized vehicles for Utility personnel SECTION III: What steps were taken to verify that the item(s) are not available elsewhere? ❑ Other brands/manufacturers were examined (attach documentation and explain why these were not suitable) ❑Other vendors were contacted (attach contact information and explain why these were not suitable) ® Other (please explain) Single Dealer in State AUTHORIZATION AND APPROVALS: Department's recommendation for sole source is based upon an objective review of the good/service being required and appears to be in the best interest of the City of Seward. I am not aware of any conflict of interest on my part or personal involvement in any way with this request. No gratuities, favors, or compromising actions have taken place. Nor has my personal familiarity with particular brands, types of equipment, materials or firms been a deciding influence on my request for this sole source purchase. Efforts have been made to verify no other supplier(s) exist. (TJk/- Sig at re of Requestor t. Signat re of the Dep rtm He d Financ urc sing) Signature Date '9 i Dat 8 � ZZ ; 2- Date a "purchases" refers to an Individual Item or a group of items having an aggregate value of$1,000 or more. PAS c EjC-HEVROLET OF SOUTH '�F 0 F ., I W 9100 Old Seward Hwy Anchorage, AK 99515 Quote for: James Unrein City of Seward PO Box 167 SEWARD, AK 99664 (907) 362-1142, (907) 224-5051 fax BUSINESS ELITE QUOTE # July 26, 2022 Dan Johnson -, Fleet Sales Manager 907-365-8638 Phone 907-365-8664 fax dan_johnson@lithia.com Quotes are good for purchase or delivery by 08/30/2022. and are net after all current rebates. incentives and discounts. Without a confirmed purchase commitment all vehicles offered are Subieet to Prior Sale ALL PRICING IS AFTER CURRENT INCENTIVES, UNLESS NOTED OTHER WISE Model: 2022 SILVERADO, 2500 REGULAR CAB, LONG BED 6.6 GAS, 4X4 Price: $399700 TRUCK AFTER INCENTIVES $7,100 DCC COMERCIAL CANOPY $685 RUNNING BOARDS $499 SPRAY IN BEDLINER $495 STROBE LIGHT INSTALLED $48.1479 PLUS DMV IF APPLICABLE: (IF EXEMPT PLATES -$25) Note: CANOPY CONSIST OF REAR DOUBLE BACK DOORS, SIDE DOORS WITH TOOLBOX COMPARTMENTS, WINDOWS LIGHTS, PULL OUT SLED BED. Vehicle #1: 2022 Chevrolet 260OHD Silverado Additional Vehicle Information GM Marketing Information VINIOrder # "1GC3YLE74NF307947 Body Style: CK20903-LWB, 4WD, Reg Cab Pickup PEG* 1 WT Work Truck Preferred Equipment Group Stock # NIA PA VA Primary GAZSummit White Color: Trim: H 1 T-1 WT11 FL -Cloth, Jet Black, Interior Trim Engine: L8T Engine: 6.6L, V-8, SIDI Transmission: MYD-6-Speed Automatic Options: 1WT Work Truck Preferred Equipment Group SH1-Key Equipment, 2 Additional Keys (SEO) 9L7-Upfdter 1 Accessory Electrical Switches AE7-Seats: Front 40/20/40 Split -Bench, Uplevel AQQ-Keyless Remote Entry AU3-Power Door Locks BG9-Floor Covering: Rubberized Vinyl, Black CGN-Chevytec Spray -on Liner DBG-Miners, O/S: Man. Ext & Folding, Heat, Turn Indicator E63-Durabed FE9-Federal Emissions G8D-Auto Locking Differential, Rear GAZSummit White GT4-Rear Axle: 3.73 Ratio H1T 1WT11FL-Cloth, Jet Black, Interior Trim IOR-Chevrolet Infotainment, T' Color Screen JGB-GVW Rating 10,250 Lbs JL1-Integrated Trailer Brake Controller K05-Engine Block Heater K34-Cruise Control K47-Heavy Duty Air Filter K413-Battery, Auxiliary, 730 CCA KC4-Cooler, Engine Oil KNP Transmission Cooling System KW54Utemator, 220 AMP L8T Engine: 6.6L, V-8, SIDI MYD-"peed Automatic NQH Transfer Case: Active, 2-Speed, Auctrac, Rotary I NZZ-Skid Plate PYN-Wheels: 1T' Steel, Painted QK1-Standard Tailgate QT5-Tailgate Function--EZ Lift, Power Lock & Release QXT Tres: LT266/70 R17 All Terrain, Blackwall R9U-GM-AutoBook Order Identifier SAF-Spare Tire Lock UVC-Rear Vision Camera V76-Recovery Hooks VK3-Front License Plate Mounting Provisions VQ2-Holdback NA Dealer Fleet Assistance VYU-Snow Plow Prep 1 Camper Package YK6SEO Processing Option Z82-Trailering Package ZLQ-Fleet Convenience Package ZXT Tire, Spare: LT265/70 R17 Blackwall PAR Resolution 2022-087 Documents: • Agenda Statement • Resolution 2022-087 PAEI! City Council Agenda Statement Meeting Date: August 8, 2022 To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, General Manager - Electric Agenda Item: Resolution 2022-087: Submitting the Question of Selling the City of Seward Electric Utility to the Qualified City of Seward Voters at a Special Election in and for the City of Seward on May 2, 2023 Background and justification: With less than 3,000 electric meters on its system, the City of Seward's Electric Department has limited resources, making it difficult for the utility to consistently invest in new infrastructure, system maintenance, technology, and customer -focused programs and services. In addition to the financial limitations, Seward's small number of customers and meters will make it difficult for the City to maintain electric rate stability as necessary investments are made in the areas mentioned above. A larger electric utility with thousands more customers and meters will be able to spread expenses across its entire customer base, thereby ensuring more stability in customer rates. While there are obvious advantages to selling the electric utility, a key question for the Council and Seward citizens in looking at a potential sell is: "How will the City recover the lost revenue in the General Fund from Electric Department contributions, which come in the form of a Payment In Lieu of Taxes (PILT) and an Administrative Services fee for services such as billing, human resources, accounts payable and receivable, etc.?" The bottom line is that as long as the City runs Seward's electric system, there will be financial and human resource challenges to address. These challenges will directly impact the utility's customers in the way of rates, programs, services, and system reliability. For that reason, citizens of Seward should be given the opportunity to decide whether to keep the electric utility with the City or sell it to a qualified electric utility in Alaska, starting with a Limited Solicitation Request for Proposals this fall. City Administration is recommending to Council that a Special Election be held on May 2, 2023, to determine whether to sell or not sell the City's electric utility. By identifying a potential buyer prior to the Special Election, voters will have information made available to them that may assist in their voting decision. Following receipt of the proposals, the City will negotiate with, and select, the utility most qualified to meet the electric service needs of Seward while also sharing the City's community -focused values. The selected utility will be announced to the public prior to the vote on selling the utility and the selected utility is authorized to provide public information to City voters. Before the election, the City Council will enact an ordinance establishing a permanent fund for the receipt, investment, and use of proceeds from the sale and to direct that permanent fund revenues be used to make a yearly transfer to the General Fund and to fund capital improvements approved by the City Council. This ordinance will be contingent on voter approval of the sale. 01R Seward City Charter 13.4 permits the council to sell, lease or otherwise dispose of a municipal utility or of property and interest in property used or useful in the operation of a utility only after a proposition to do so is approved by three -fifths of the electors (voters) of the city voting on the proposition. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: 13.3 Utilities Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ X Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted X Not applicable Finance Signature: Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Resolution Other: PAR Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-087 A Resolution of the City Council of the City of Seward, Alaska, Submitting the Question of Selling the City of Seward Electric Utility to the Qualified City of Seward Voters at a Special Election in and for the City of Seward on May 2, 2023 WHEREAS, the City of Seward owns and operates the electric utility with approximately 2,900 meters and limited financial resources; and WHEREAS, the financial burden associated with increasing technological demands, completing infrastructure improvements, meeting more stringent industry standards and attracting and maintaining qualified employees, has led to the City Council's consideration of selling the City's electric utility; and WHEREAS, it is in the public's interest to provide consumers with safe and reliable electric service along with reasonable rates and value-added programs and services while, also managing the City's assets for the long-term benefit of the citizens of the City; and WHEREAS, prior to voter approval of the proposition to sell the electric utility, the City will issue a Limited Solicitation Request for Proposals from interested and qualified electric utilities in Alaska to provide electric services; and WHEREAS, following receipt of the proposals, the City will negotiate with, and select, the utility most qualified to meet the electric service needs of Seward while also sharing the City's community -focused values; and WHEREAS, the selected utility will be announced to the public prior to the vote on selling the utility and the selected utility will be authorized to provide public information to City voters; and WHEREAS, the City Council will enact an ordinance in advance of the May 2, 2023, election with an effective date contingent on voter approval of the sale of the utility, establishing a permanent fund for the receipt, investment, and use of proceeds from the sale and to direct that permanent fund revenues be used to make a yearly transfer to the General Fund and to fund capital improvements approved by the City Council; and WHEREAS, Seward City Charter 13.4 permits the council to sell, lease or otherwise dispose of a municipal utility or of property and interest in property used or useful in the operation of a utility only after a proposition to do so is approved by three -fifths of the electors (voters) of the city voting on the proposition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: 04VA CITY OF SEWARD, ALASKA RESOLUTION 2022-087 Section 1. The City shall submit the following proposition to the qualified voters of the City at the May 2, 2023, special city election. Pursuant to Section 13.4 of the City Charter, the proposition must receive an affirmative vote by three -fifths of the qualified electors voting on the proposition to approve the sale of the municipal utility. Proposition No. 1 Sale of Seward Electric Utility Shall the City of Seward sell the Seward Electric Utility with the negotiated terms and conditions previously approved by City Council that are contingent on voter approval? Proposition No. 1 Yes No A yes vote approves the sale of the electric utility. A no vote means the City of Seward retains the electric utility. Section 3. This resolution shall take effect immediately upon City Council approval of a purchase and sale agreement for the Seward Electric Utility. Proposition No. 1 shall become effective only if approved by three -fifths of the qualified voters voting on the proposition at the special election on May 2, 2023. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of August, 2022. AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA Christy Terry, Mayor ►AN Resolution 2022-088 Documents: • Agenda Statement • Resolution 2022-088 PA City Council Agenda Statement Meeting Date: August 8, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2022-088: Amending the 2022 City of Seward Budget to Appropriate Funds in the Amount of $25,000 to Influence the Outcome of Election Concerning the Ballot Proposition Submitting the Question of Selling the City of Seward Electric Utility to the Qualified City of Seward Voters at a Special Election in and for the City of Seward on May 2, 2023 Background and justification: Alaska Statute 15.13.145 (b) permits the city to influence the outcome of the election if funds are appropriated for that purpose. This resolution appropriates the funds to influence the election. Alaska Statute 15.13.145 (d) requires reporting and registration rules related to the appropriation to be reported to the Alaska Public Offices Commission (APOC). Following adoption of the resolution, steps will be taken to comply with the requirements. The appropriated funds may be used to disseminate information about the time and place of an election and to hold an election, and to provide the public with nonpartisan information about a ballot proposition. The amount requested, $25,000, will be used to disseminate information about the electric utility and needed infrastructure, the cost of operating the electric utility, public meetings, and other activities to provide information to voters. Please note this is an estimated amount. Unspent funds will be returned to the electric reserves. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: 13.3 Utilities Other: Certification of Funds Total amount of funds listed in this legislation: $ 25,000 This legislation (✓): Creates revenue in the amount of: $ ✓ Creates expenditure in amount of: $ 25,000 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): ✓ Not budgeted Not applicable 04►�i; Finance Signature: Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Resolution Other: 04� Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-088 A Resolution of the City Council of the City of Seward, Alaska, Amending the 2022 City of Seward Budget to Appropriate Funds in the Amount of $25,000 to Influence the Outcome of Election Concerning the Ballot Proposition Submitting the Question of Selling the City of Seward Electric Utility to the Qualified City of Seward Voters at a Special Election in and for the City of Seward on May 2, 2023 WHEREAS, Alaska Statute 15.13.145 (b) allows a municipality to influence the outcome of an election concerning a ballot proposition or question if funds are specifically appropriated for that purpose; and WHEREAS, the appropriated funds may be used to disseminate information about the time and place of an election and to hold an election, and to provide the public with nonpartisan information about a ballot proposition; and WHEREAS, Alaska Statute 15.13.145(d) requires the city to report the expenditures to the Alaska Public Offices Commission; and WHEREAS, the city wishes to provide information to the voters about the sale of the electric utility in advance of an election; and WHEREAS, although the city is permitted to provide neutral information about ballot propositions, in an abundance of caution, an appropriation of funds in the amount of $25,000 is requested to disseminate the information. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Funding in the amount of $25,000 is hereby appropriated from the 2022 budget from Electric reserves account no. 15000-0000-3710 and will be transferred to the General Fund 01000-0000-3700 for the purpose of providing information to voters which could possibly be viewed as influencing the outcome of a ballot proposition which asks voters whether the city should sell the electric utility. Section 2. Funding in the amount of $25,000 is hereby appropriated from the Electric Enterprise Fund to the General Fund Unassigned Account 01000-0000-3400 appropriating the expense to the 01000-1110-7804 Elections Expense Account. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of August, 2022. owl City of Seward, Alaska City Council Special Meeting Minutes July 25, 2022 Volume 42, Page CALL TO ORDER The July 25, 2022 special meeting of the Seward City Council was called to order at 5:30 p.m. by Mayor Christy Terry. OPENING CEREMONY Assistant City Manager Stephen Sowell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Liz DeMoss Mike Calhoon comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Excused — Casagranda Absent — None John Osenga Randy Wells CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Osenga) Motion Passed Approval of Agenda and Consent Agenda Unanimous The clerk read the following approved consent agenda items: There were no consent agenda items. NEW BUSINESS Other New Business Items Committee of the Whole: Timeline and Process Concerning the Advantages and Disadvantages of Selling the Electric Utility. 223 City of Seward, Alaska City Council Special Meeting Minutes July 25, 2022 Volume 42, Page Motion (McClure/Wells) Move into Committee of the Whole to discuss the Timeline and Process Concerning the Advantages and Disadvantages of Selling the Electric Utility. Terry asked administration to provide a presentation. Motion Passed Unanimous Council moved into Committee of the Whole at 5:34 p.m. Council came out of Committee of the Whole at 6:35 p.m. Motion (Terry/McClure) Motion Passed Direct the city manager to bring forward a resolution to conduct a Special Election on May 2, 2023 and a resolution appropriating funds to influence the outcome of an election. Unanimous Bower said she wished to collaborate with the city attorney and city clerk on how best to approach soliciting the opinions of utility customers living outside of city limits; those citizens could not vote in a city election, but Bower wanted to include their input in the decision making process. CITIZEN COMMENTS Suzi Towsley, inside the city, appreciated the time and energy that council was putting into this issue. In the past, she said there was reason for some people to believe that there had been corrupt utility management and used utility billing as a weapon against certain customers. She thought the forensic audit results demonstrated there had been gaps in the billing process where rates and billing were not always handled appropriately and fairly. Towsley suggested that if Seward's utility became part of a larger organization, those kinds of issues may not come up again. She appreciated the sentiment of moving on, but wanted there to be accountability measures in place to protect working class people. She was very happy to see new faces on council that weren't there when those utility issues were occurring. She thought it was a great idea to put out a survey to capture the voices of rate payers outside city limits; she also wished to have renters' voices be captured as oftentimes their names were not directly on the utility account. Skip Reierson, inside the city, appreciated tonight's presentation. He reiterated that tonight's purpose was to consider the pros and cons of selling this valuable asset, not to make a final decision. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 224 City of Seward, Alaska City Council Special Meeting Minutes July 25, 2022 Volume 42, Page Sowell said neither himself, Bower, or Montgomery were here when the voters were presented with this question; he said the last time the citizens voted, they didn't know the price, terms, or conditions of the sale. This time, Sowell said he wanted to provide citizens with all that important information so they could make a good decision. He anticipated that citizens would also be receiving information and education from the potential buyer, and that would provide citizens with the opportunity to ask questions. Calhoon said at the last election, they did know what the price would be, and there had been some planning about how the proceeds from the sale would be used. There had been a big community meeting attended by the potential buyer who shared their plans, and citizens had the opportunity to ask questions. Calhoon hoped the city would do a little more outreach this time. Osenga thanked everyone for coming tonight. ADJOURNMENT The meeting was adjourned at 6:49 p.m. Brenda Ballou, MMC City Clerk (City Seal) Christy Terry Mayor 01&1 City of Seward, Alaska City Council Meeting Minutes July 25, 2022 Volume 42, Page CALL TO ORDER The July 25, 2022 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Liz DeMoss Mike Calhoon comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Excused — Casagranda Absent — None John Osenga Randy Wells CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Melody Jordan, outside the city, thanked the Electric Department for resolving a recent issue at her property; the staff had listened to her concerns and had been responsive, and she appreciated that. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Osenga) Approval of Agenda and Consent Agenda Calhoon removed Resolution 2022-084 from the consent agenda. Terry added an Election Report to Other Reports and Announcements. Motion Passed Unanimous The clerk read the following approved consent agenda items: 04z: City of Seward, Alaska City Council Meeting Minutes July 25, 2022 Volume 42, Page Resolution 2022-083, Authorizing The City Manager To Enter Into An Agreement With R&M Consultants To Complete The Limited Source Removal Soil Remediation For The City Public Works And Shop At 434 Sixth Ave, Seward, Alaska, Task Order 2734.11 In An Amount Not To Exceed $41,087, And Appropriating Funds. Approval of the July 11, 2022 City Council Special Meeting Minutes. Approval of the July 11, 2022 City Council Regular Meeting Minutes. Appoint Benjamin Smith (re -appointment, 2nd term) and Dwayne Atwood to the Port & Commerce Advisory Board with terms to expire July, 2025. Proclamations and Awards — None City Manager Report. City Manager Janette Bower said the 2021 financial audit was nearing completion; Providence was in the process of finalizing their audit documents. She welcomed the new Parks & Recreation Director and invited her to speak. Parks & Recreation Director Maggie Wilkins said she had lived in Seward for 18 years, and had previously worked in both the Parks & Recreation and the Harbor departments. There was a lot of work to do in the department, and there was a great staff on board. She appreciated the support she had been receiving from staff and citizens. Terry called attention to the interim summary of findings for the Recreation Center Feasibility Study in the packet under the City Manager Report. She asked if there could be a Facebook post made to share this report with a broader audience; Bower confirmed. In response to Wells, Bower said there would be a public meeting on this topic on September 28, 2022. Other Reports and Announcements Chamber of Commerce Report. Executive Director Kat Sorenson thanked everyone for their support and assistance during the Fourth of July Festival and Mount Marathon Race events. The Silver Salmon Derby would start August 13, 2022; tickets were available online now, and volunteers were still needed. There had been over 2,500 visitors in June; the Chamber had been helping international visitors. The new electric car charging stations would be up and running by the end of the summer. Small Business Development Center (SBDC) Report. Small Business Advisor Kelly Ann Cavaretta thanked the city for supporting her position; she had been in this role for six months now. She was enjoying her work and had seen a positive impact in the community. She had a record number of new clients sign up for her services this quarter. The top three business types she was seeing were accommodation and food, services, and transportation (primarily tour -related). In addition, pre -ventures made up approximately 20% of her clients, start-up business (less than 24 months old) made up about 25%, and established businesses made up about 55%. Cavaretta said one statewide trend being seen was established businesses coming in for advice about an exit plan. More recently, she had been getting involved with assisting 14 Lowell Point businesses access low interest loans due to the impacts of the landslide. City of Seward, Alaska City Council Meeting Minutes July 25, 2022 Volume 42, Page Election Report Terry stated there would be two elections on August 16, 2022, a special election to fill the remainder of US Representative Don Young's term, and the regular primary election in preparation for the November 8, 2022 election. Terry stated that Seward and Lowell Point were in District 5, and Bear Creek and Moose Pass were in District 8; the city clerk would have ballots for both districts during the Absentee In Person voting period of August 1-15, 2022. Terry said for the Municipal Election on October 4, 2022, candidate packets were available in the city clerk's office or could be downloaded from the city website. Candidates could file their Declaration of Candidate from August 1-15, 2022 with the city clerk. There would be two city council seats and the mayor position on the ballot this year. In addition, Terry said the School Board seat would also be on the borough ballot this year. Presentations PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 2022-009, Amending Seward City Code Section 2.25.045 Finance Department. This ordinance was introduced on July 11, 2022 and is coming tonight for public hearing and enactment. Motion (McClure/Terry) Enact Ordinance 2022-009 Bower said this ordinance was a result of suggestions made by Carmen Jackson, the city's contracted Certified Public Accountant (CPA) firm. She added that the Carmen Jackson team was continuing to review the city code and she expected there would be more updates going forward. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Terry thought this ordinance appeared fairly straightforward. Motion Passed Unanimous NEW BUSINESS Resolutions Resolution 2022-084, Amending The 2022 Budget To Reflect Mid -Cycle Budget Adjustments, And Appropriating Funds. Motion (McClure/DeMoss) Approve Resolution 2022-084 228 City of Seward, Alaska City Council Meeting Minutes July 25, 2022 Volume 42, Page Bower requested to call MC Pehle from the Carmen Jackson firm. Pehle said there was a large adjustment that needed to be made as a result of the Lowell Point Road landslide; $1.2 million of expenses were anticipated, for which the city hoped to receive reimbursement. As well, there was a 15% increase in fuel costs across the board in all the Enterprise Funds. Pehle said in the General Fund, there was an estimated increase of revenues in the amount of $1,137,500, as well as an estimated increase in expenses of $1,275,738 (almost all the expenses were related to the landslide). Pehle said the actual 2021 General Fund balance would exceed the estimated fund balance by $1,344,804 due to an increase in sales tax revenue and some decreases in expenses; this was the net result from 2021. Terry stated the $1.3 million would go into the unrestricted reserves fund as a cash balance; this went toward the city's 3-6 months reserve recommendation. Bower confirmed and added the city had eight months of reserves. Terry noted the harbor's reserves was at $1,190,510. In response to Terry, Pehle confirmed that his firm was confident with the numbers as presented. Calhoon appreciated the discussion; he wanted the public to see that the budget was being handled in an open and transparent way. Motion Passed Other New Business Items Unanimous Schedule work sessions to review and discuss the proposed changes to Seward City Code as part of the recodification project. Council scheduled a work session on Saturday, October 22, 2022. INFORMATIONAL ITEMS AND REPORTS — None CITIZEN COMMENTS — None COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower thanked council for giving extra time for special meetings and for supporting her efforts to get work done. Wells thanked administration. He had toured Homer Electric Association in Soldotna last week and said their operation was very advanced. Calhoon thanked everyone for their work. He welcomed the new commander of the USCG Mustang. The icebreaker Healy was in Seward and their crew was interested in doing some community service work; this was being coordinated through the American Legion. 229 City of Seward, Alaska City Council Meeting Minutes July 25, 2022 Volume 42, Page Osenga welcomed Wilkins and thanked everyone for the meeting tonight. Be safe. DeMoss thanked administration for making good decisions for the community. She welcomed Wilkins back to the city and thanked Montgomery for the information and education. McClure welcomed Wilkins; she thought the city had a good staff, and she encouraged people to watch the meetings from home if they didn't come to the meetings in person. She was excited to see the new animal shelter being constructed. She and Lee Poleske had conducted a tour of the first mile of the Iditarod Trail and had a lot of fun doing it. She expressed condolences to the Gage family, Albertson family, and Casey family. Terry thanked Smith and Atwood for applying to PACAB. She appreciated hearing the accolade for the Electric Department. She also expressed her condolences. ADJOURNMENT The meeting was adjourned at 7:50 p.m. Brenda Ballou, MMC City Clerk (City Seal) Christy Terry Mayor 230 Action Memorandum 2022-006 Documents: • Action Memorandum 2022-006 • Attachments: o Pilot Rock Quote o Belson Outdoors Quote o National Outdoor Furniture Quote ON City of Seward Action Memorandum 2022-006 Meeting Date: August 8, 2022 To: City Council Through: Janette Bower, City Manager From: Maggie Wilkins, Parks and Recreation Director Agenda Item: Action Memorandum 2022-006: Authorize the City Manager to Purchase 140 Fire Rings And 70 Picnic Tables for The Municipal Campgrounds in the Amount of $85,965 Council Action: 0 Approved 0 Amended: 0 Defeated Background and justification: Parks & Recreation is tasked with managing 8 Campgrounds with a total of 400 reservable sites. In addition, Parks & Recreation manages 2 first -come first -served campgrounds. We have done a complete inventory of picnic tables and fire rings, and have found that there is a deficit of 139 tables and 112 fire rings. In 2020, the nightly campground rates were increased to reflect the 50th percentile of comparable campgrounds in Alaska, and it is Parks and Recreations long term goal to provide amenities that are universal to all sites and in alignment with the fees being charged. The goal is an excellent customer experience. The addition of these picnic tables and fire rings will not only enhance the experience of our customers who utilize our campgrounds, they will also increase sales of firewood and picnic supplies which will have a positive impact on local commerce. The city budgeted $100,000 in funding for the purchase of picnic tables and fire rings in the 2022 Operating Budget under the Capital Equipment line item for campgrounds. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive 3.6.1.1 Improve existing and develop additional recreational infrastructure Plan: Strategic Plan: 10.1 Campgrounds 16.0 Natural Environment and Community Appearance Other: Certification of Funds Total amount of funds listed in this legislation: $ 85,965 PAGY: This legislation (✓): Creates revenue in the amount of: x Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact $ 85,965 Funds are (✓): x Budgeted Line item(s): 01000 1411 8103 Parks and Recreation Capital Equipment Not budgeted Not applicable Finance Signature: Attornev Review Yes Attorney Signature: ✓ Not applicable Comments: e✓ Adopt AM Other: Administration Recommendation 233 RJ Thomas Mfg Co Inc PO Box 946 Cherokee, IA 51012-0946 Tel 712-225-5115 800-762-5002 Fax 712-225-5796 www.pilotrock.com customerservice@rjthomas.com PRICE QUOTATION Plot Rock PARK • STREET • CAMP SITE PRODUCTS Bill To Kylie Grimes kgrimes@cityofseward.net Seward, City of 907-224-4006 Park Operations 410 Adams St PO Box 167 Seward AK 99664 US Qty Ordered UOM Item No 130 EA FX-30/11/TB FIRERING FX-30 (NO GRATE) 11" SIDE TIP BACK ANCHORS 70 EA XT/G-6TP TABLE XT 2-3/80D 6' GLV FRMS TRTD PINE 2X10 1 EA FREIGHT DLVD FREIGHT INCLUDED TO ZIP FOB DESTINATION Ship Via OTHER TRUCKING Page 1 Customer No AK 222 Quote No 87810 Quote Date 06/21/2022 Slspsn 1060 Ship To Seward, City of Park Operations Att: Kylie Grimes 702 Aspen Lane 907-224-4006 Seward AK 99664 US Unit Price Extended Price 278.10 $36,153.00 711.60 $49,812.00 0.00 $0.00 Any changes to the above quoted models, quantities or destination require a NEW quote. Terms: Net 30 Days Quote Total Purchasing by catalog or internet does NOT make this purchase exempt from sales tax. SHIPPING WITHIN 75 DAYS Sales tax NOT INCLUDED unless otherwise stated. SHIPPED KNOCKED DOWN CUSTOMER TO UNLOAD FREIGHT FROM TRUCK. SOME ASSEMBLY REQUIRED. SOME ASSEMBLY IS REQUIRED PRICES FIRM 30 DAYS. CUSTOMER TO UNLOAD ALL MAJOR CREDIT CARDS ACCEPTED NOTE: All quotations and agreements are contingent upon strikes, accidents, fires, availability of materials and all other causes beyond our control. Prices are based on costs and conditions existing on the date of quotation and are subject to change by the Seller before final acceptance. Typographical errors are subject to correction. Purchaser assumes liability for patent and copyright infringement when goods are made to Purchaser's specifications. When quotation specifies material to be furnished by the Purchaser, ample allowances must be made for reasop/e spoilage and material must be of suitable quality to facilitate efficient production. Conditions not specifically stated herein shall be governed by es a eshed trade customs. Terms inconsistent with those stated which may appear on Purchaser's formal order will NOT be binding on the Seller. $85,965.00 7/5/22, 9:21 AM Belson Outdoors - Quote WQ 309597 quote # Here is the Quote as per your request. The 'Shipping' total has been applied. NQ 309597 To place an order, simply click'Submit Order Confirmation' below. Please print this page for your records. Customer Order Confirmation is required to process order. 627 Amersale Drive Toll Free: 1-800-323-5664 QUOTE # ELS , N Naperville, IL. 60563 Phone: 1-630-897-8489 WQ 309597 O e T D 0 0 R 5 sales@belson.com Fax: 1-630-897-0573 Expired 6/30/2022 7 ........... . ............................ Description uan My TnT"n= Park Ranger Table, 6MCA Pressure- PR-6WA Treated 185 70 $540.00 $37,800.00 *Discount Applied* 9" High Fire Ring With Adjustable Cooking 612-9 Grate 96 140 $430.00 $60,200.00 *Discount Applied* Subtotal26,390 Subtotal $98,000.00 0.0000% Tax $0.00 ........ Customer Order Confirmation is required to process order. Shipping $45,700.00 ........................................ . Your Order will not be shipped without your "Order Confirmation" Grand Total $143,700.00 First/Last Name Kylie Grimes Company City of Seward Address 1 702 Aspen Lane Address 2 City Seward State AK Zip Code 99664 Country USA Phone 907-224-4006 Fax Email kgrimes@cityofseward.net Ship To Ali Willhite Address 1 702 Aspen Lane Address 2 City Seward State AK Zip Code 99664 Country USA Phone 907-224-4006 Contact Kylie Grimes Email kgrimes@cityofseward.net Phone Call 24 Hours Prior to Delivery Delivery to Residential or Non -Commercial Truck Route Addresses Power Liftgate Serviceo - Driver will lower shipment from the truck to the ground (Only) Order Power Liftgate Service if— You will be unable to unload the shipment from the truck. 0 Does Not apply to UPS shipments RP *** PRICES AND FREIGHT SUBJECT TO CHANGE*** https://www.belson.com/secure/request.aspx?OrderlD=309597&Key=5403.50485221081 1 /2 7/5/22, 9:21 AM Belson Outdoors - Quote WQ 309597 -j LP jo Visa MasterCard American Express Discover Check with Order On Account O O Email Order Confirmation kgrimes@cityofsewar.net Fax Order Confirmation Customer Service Representative Call (M-F 8:00am - 4:30pm CST) What is the best day and time to call? Contact Name (If Differentthan'Sold To') Phone Submit Order Confirmation CraorceV Ordier 236 https://www. be lso n.co m/secure/request.aspx?Orderl D=309597& Key=5403.50485221081 2/2 National Outdoor Furniture, Inc. Quote N.O.F.rOInc. 1210 W. Main Street #296 Riverhead, NY 11901 1-888-663-4621 nofinc@optonline.net www.nationaloutdoorfurniture.com ADDRESS SHIP TO City of Seward City of Seward Attn: Kylie Grimes 702 Aspen Ln Seward, AK 99664 907-224-4006 QUOTE # DATE EXPIRATION DATE 19546 06/16/2022 07/15/2022 SHIP VIA ATTENTION Freight Carrier Kylie Grimes QUANTITY PRODUCT EACH TOTAL 70 6' Wood Picnic Table with Treated Pine Wood Planks - Portable. 554.00 38,780.00 172 Lbs. Dimensions: 72"L x 62"W x 30"H. 1 5/8" O.D. x Pipe with 1 5/16" O.D. brace. 2" x 10" wood planks. All MIG welded frame with zinc or galvanized plated hardware. Zinc coated, galvanized, powder coated or galvanized legs. Pre -drilled holes for surface mounting frame. Without umbrella hole. Some assembly required. Frame: Seat/Top: Treated Pine NOF #: US 158-PT6 Freight: $19,850.00 Lead Time: 16-18 weeks to ship. Allow 2-3 weeks for transit time. Discount applied. 140 30" x 9"Ht. Non -Adjustable Fire Ring - Single Flange. 302.00 42,280.00 Cooking area of 270 sq. inches. 70 Lbs. Fire ring has an overall diameter of 31-5/8" x 9" high and is constructed of 3/16" thick steel. Fire ring is constructed with a formed(not welded) 1 " flange for superior strength. Grate is constructed from 1 /2" dia. A36 steel bars located on 1 1/8" centers. Non-adjustable theft proof grate. Grate handle is constructed of a 5/8" dia. A36 steel bar with stay cool spring grips suitable for public use. Ring is mounted using staples that allow the ring to tilt back for ease of cleaning or optional spade anchors. The spade anchors permanently anchor the fire ring to the ground. Cooking grate is permanently attached with a cool -coil handle. All joints are continuously welded. Standard finish is a non -toxic black powder coat. NOF #: JTA 11588 Freight: $15,700.00 Lead Time: 4-6 weeks to ship. Allow 2-3 weeks for transit time. Freight quote reflects tailgate delivery to a commercial address. Trucking services such as liftgate and driver assist are optional. By signing and dating this estimate you are acknowledging the SUBTOTAL 81,060.00 quantities, products, prices, colors and all misc. charges are SHIPPING 35,550.00 correct. Any discrepancies should be corrected and faxed or TOTAL $116;610.00 emailed to your account representative. 237 Riverhead, NY Fax (631)207-8312 1 www.nationaloutdoorfurniture.com I Pomfret, CT Fax (516)706-1901 Accepted By Accepted Date 238 Riverhead, NY Fax (631)207-8312 1 www.nationaloutdoorfurniture.com I Pomfret, CT Fax (516)706-1901 August 2022 September 2022 O22 August 2022 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 910 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jul 31 Aug 1 2 3 4 5 6 7:00pm P&Z 1:00pm PACAB Meeting Ad Hoc Committee Meeting @ Li r ram._._. 7 8 9 10 11 12 13 5:30pm CCU Special Mtg (Public Wx Facility R I i n 7:00pm CC Mtg (Council Chambers) 14 15 16 17 18 19 20 ELECTION DAY 1:00pm PACAB (Council Ad Hoc Chambers 7 Committee am 8 pm) Meeting @ LibraW 21 22 23 24 25 26 27 6:60pm P&Z 6:00pm CC Spc Mtg �Chambersl Work Session (Council 7:00pm CC Mtg Chambers) (Chambers) 28 29 30 31 Sep 2 3 Council Calendar 1 8/3/2022 11:23 AM 239 September 2022 October 2022 September 2022 SuThMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 1 4 5 6 7 8 910 2 3 4 5 6 7 8 11 12 13 14 15 16 17 9 10 11 12 13 14 15 18 19 20 21 22 23 24 16 17 18 19 20 21 22 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Aug 28 29 30 31 Sep 1 2 3 1:00pm PACAB Ad Hoc Committee Meeting @ Li r ram._._. 4 5 6 7 8 9 10 -. HOLIDAY._._ I 77:00pm P&Z 12:00pm PACAB 6:00pm HPC Meeting Mtg Work Session (Council L._.ha....m......b..e...rs_)...................... _._._._.. 7:00pm HPC Regular Meeting (Council .ham r 11 12 13 14 15 16 17 S:30pm CC Spc 1:66pm PACAB Mtg Ad Hoc (2023/2024 Committee Budget) Meeting @ 7:00pm CC Mtg LibraW (Council --C—ham.ber5_. 18 19 20 21 22 23 24 6:00pm P&Z 12:00 PACAB Work Session Work Session I(Chambers) (C(uncil Chambers) 25 26 27 28 29 30 Oct 1 1:00pm PACAB 5:30pm CC Spc Mtg (SMIC Ad Hoc Bench Committee Feasibility Meeting @ Stud Library 7:00pm CC Mtg —.hambers)_ Council Calendar 2 8/3/2022 11:23 AM 240 October 2022 November 2022 October 2022 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9101112 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 2021 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 25 26 27 28 29 30 Oct 1 2 3 4 6 7 8 I ELECTION DAY 7 (12:00pm PACAB 1:00pm Canvassam-8pm Board (Council (Council Chambers - Ct a.m..b.e...rs)...................... Open to Public 9 10 11 12 13 14 15 7:00pm CC Mtg 1:00pm PACAB 7:00pm P&Z (Council _ Cha_mbers) M.eeti.n.9-._._._._._._ Ad Hoc Committee 6:00pm HPC Work Session 7:00pm HPC Regular 16 17 18 19 20 21 22 S:30pm CC Spc HOLIDAY 12:00pm PACAB 9:00am CC Work Mtg Work Session Session 2023/2024 (Chambers) (Proposed Budget)_ Changes to Seward City Code as part of the 23 24 25 26 27 28 29 5:30pm CC 5:30pm CC 1:00pm PACAB Special Mtg Special Mtg Ad Hoc ( Committee 2023/2024 2 2 2 24 Meeting @ B 6:00pm P&Z L.i..bra..ry 7:00pm CC Mtg Work Session Chambers) (Council 30 31 Nov 1 2 3 4 5 Council Calendar 3 8/3/2022 11:23 AM 241