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Home My WebLink About03112019 City Council Packet Monday, March 11, 2019 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA {Please silence all cellular phones during the meeting} March 11, 20197:00 p.m. Council Chambers David Squires 1.CALL TO ORDER Mayor Term Expires 20192.PLEDGE OF ALLEGIANCE Sue McClure3.ROLL CALL Vice Mayor Term Expires 20194.CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING \[Those who have signed in will be given the first opportunity to speak. Time Suzi Towsley is limited to 3 minutes per speaker and 36 minutes total time for this agenda Council Member item.\] Term Expires 2019 5.APPROVAL OF AGENDA AND CONSENT AGENDA Jeremy Horn \[Approval of Consent Agenda passes all routine items indicated by asterisk Council Member (*). Consent Agenda items are not considered separately unless a council Term Expires 2019 member so requests. In the event of such a request, the item is returned to the Regular Agenda\] Sharyl Seese 6.SPECIAL ORDERS, PRESENTATIONS AND REPORTS Council Member A.Proclamations and Awards Term Expires 2021 1.HonoringtheLife of Willard Dunham ... Pg. 4 B.Borough Assembly Report John Osenga C.CityManager Report .. Pg. 5 Council Member D.City Attorney Report Term Expires 2021 E.Other Reports and PresentationsNone Kelley Lane Council Member Term Expires 2020 Jeff Bridges Interim City Manager Brenda Ballou City Clerk Will Earnhart City Attorney City of Seward, Alaska Council Agenda March 11, 2019 Page 1 7.PUBLIC HEARINGSNone 8.UNFINISHED BUSINESS Items Postponed from Previous Agenda rd 1.Discuss sending a delegate to the 53 Yeosu Turtle Ship Festival in Yeosu, South Korea... Pg. 1 2.Schedule a work session on chamber funding, allocation of monies, chamber priorities. (Lane) 3.Discussion and direction to city administration regarding housing development within the original Seward townsite, including selling city lots within the R1 zoning district. (Lane) 4.Reallocation of resources based on attendance at the Teen Rec Room with brainstorming opportunity for how this facility & program could better serve the community. (Lane) 9.NEW BUSINESS A.Ordinances for Introduction 1.Ordinance 2019-007, Amending Portions Of Seward City Code §15.10.226 Land Uses Allowed Table, To Allow Animal Shelter In The Institutional Zoning District ByConditional Use Permit.. Pg. B.Resolutions 1.Resolution 2019-023, Authorizing Payoff Of An Interfund Loan Owed To The Motor Pool Internal Service Fund From The SMIC Enterprise Fund In The Remaining Amount Of $490,042.57 Related To The Purchase Of A 330-Ton Travelift, And AppropriatingFunds.... Pg. Resolution 2019-024,Authorizing The City Manager ToEnter Into AThree-Year Contract With R&M Consultants Inc. For On-Call EngineeringServices.Pg. Resolution 2019-025,Authorizing The City Manager To Enter Into A Contract WithKendall Ford For The Purchase Of One Ford AWD Police Patrol Vehicle, For An 4.Resolution 2019-026, Authorizing The City Manager To Purchase From Alaska Environmental & Safety Supply, Inc. Emergency Equipment On One Model Year 2019 Ford Explorer, Including The Cost To Install Equipment For An Amount Not To Exceed $6,100.00, And Appropriating Funds In The Amount Of $3,866.56. .. Pg. 5.Resolution 2019-027, Authorizing The City Manager To Enter Into A Contract With The Alaska Public Employees Association (APEA) Retroactively Effective January 1, 2019 And Ending December31, 2021. Pg. City of Seward, Alaska Council Agenda March 11, 2019 Page 2 C.Other New Business Items 1.Prince William Sound Regional Citizens Advisory Council (PWSRCAC) Vacancy. .. Pg. 2.Schedule a joint work session with the Planning and Zoning Commission, the Port and Commerce Advisory Board, and the Historic Preservation Commission to review annual priorities. . Pg. Electrical billing & cost composition training for 1-3 members ofCouncil as a way to gather strategic knowledge inordertocreate informed management policies for our publicutility.(Lane) Approve travel for Council Member Lane toattendtheKPEDD meeting inKenai on April 17, 2019. (Lane) Discuss the city's legal representation. (Lane) SelectionofCouncil members totraveltoWashingtonD.C.from April 29May 2, 2019. (Squires) Update from theAd Hoc Committee For City Personnel Matters. (Towsley) Request council empanel an ad hoc committee to gather and ask questions ofthe auditing firm, BDO, and bring a report back tocouncilinpreparation for thework session scheduled on April 1, 2019 at 6:00 p.m. (Towsley) *9.Approval of the February 25, 2019 City CouncilRegular Meeting Minutes. Pg. *10.Non-objection for therenewaloftheRestaurant/Eating Place Public Convenience Seasonal liquor license #4915 for the Gulf of Alaska Food Court. ..Pg. *11.Approval to lift the protest of the renewal of Beverage Dispensary liquor license #822 for Seasalt AlaskanBar&Grill.. Pg. 10.INFORMATIONAL ITEMS AND REPORTS(No Action Required) A.On-going City Project and Goal List. . Pg. B.through March 4, 2019. .Pg. 11.COUNCIL COMMENTS 12.CITIZEN COMMENTS 13.COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14.EXECUTIVE SESSION A.Go into executive session to evaluate the interim city manager. 15.ADJOURNMENT City of Seward, Alaska Council Agenda March 11, 2019 Page 3 CITY OF SEWARDJeff Bridges,InterimCity Manager P.O. Box 167 Telephone (907) 224-4047 Seward, AK 99664 Facsimile (907) 224-4038 MANAGER’S REPORT February 25, 2019 – March 11, 2019 The following purchase orders in the amount of $5,000.00 or more have been approved by the City Manager since the last council meeting: DATEDEPTTO WHOWHAT FORAMOUNT 2/28/19Public WorksAlaska Sales and RES 2019-020 Purchase of Chevrolet $29,806.00 Roads & StreetsService1/2-ton 4x4 2/28/19Public WorksKendall FordRES 2019-019 Purchase of Ford ¾-ton $31,771.00 Roads & Streets4x4 2/28/19Electric AdminYour Clean Energy, Lowell Creek Canyon Hydro $9,800.00 LLCEngineering Services 2/28/19LibraryConnie AlsupGeneral monthly Janitorial services$72,009.00 Annual upholstery, window, carpet cleaning and floor waxing ADMINISTRATION Saturday, February 16, 2019 Sea Life Center Gala - Anchorage Monday, February 18, 2019 Travel to Juneau for the Alaska Municipal League conference. 4:00 p.m. Meeting with Alaska DOT on Seward Airport Improvement Project Tuesday, February 19, 2019 Alaska Municipal League Conference –All Day 12:00 p.m. Meeting with Coast Guard on infrastructure for FRC. (Squires, Regis, Hickok) Wednesday, February 20, 2019 Alaska Municipal League Conference –All Day Thursday, February 21, 2019 Alaska Municipal League Conference 9:30 a.m. Meeting with Department of Corrections (Squires, Hickok) 1:00 p.m. Meeting with Representative Carpenter (Squires, Hickok) 6:00 p.m. Dinner with Sen. Micciche, Representative Carpenter, Kent Dawson (Squires, Hickok). Friday, February 22, 2019 9:00 a.m. Meeting with Department of Labor regarding AVTEC (Squires, Hickok) 11:30 a.m. Meeting with Senator Micciche (Hickok) Travel back to Seward Saturday, February 23, 2019 6:00 p.m. Seward Public Safety Ball Monday, February 25, 2019 1:00 p.m. Meeting with resident 7:00 p.m. City Council Meeting Tuesday, February 26, 2019 9:00 a.m. Meeting with Public Works Director Schoessler 6:00 p.m. Council Work Session – Public Employees Relations Act Wednesday, February 27, 2019 9:00 a.m. Staff meeting 3:00 p.m. Meet with Council Member Towsley Thursday, February 28, 2019 11:00 a.m. Meet with resident. 6:00 p.m. Historic Preservation Commission Work Session 7:30 p.m. Historic Preservation Commission Meeting Other: There will be a City Council work session Monday, March 4, 2019 at 7:30 p.m. to discuss Interim City Manager candidates. There will be a City Council work session on Saturday, March 9, 2019 at 9:00 a.m. to discuss City Manager Candidates. At the last Council Meeting there was a question on crime statistics. As part of the CMR there is a memo from Lt. Nickell to Chief Clemons regarding burglary rates in the city (attached). HARBOR I conducted construction meetings with Hamilton Construction and R&M for the Breakwater project on 2-7-2019, 2-14-2019 and 2-21-2019. R&M will be traveling to Seward for a final inspection. The 330 ton will require a two-day shut down when we pave the front of the lift pit. The new fisherman float is in place, electrical and water are complete. The harbor has 4 sites that will supply year-round water, the end of F-float, the beginning of Z-float, the T-dock and on the upland trestle of F-float for local citizens. (We have installed signs for traveling vessels) I conducted a construction meeting with PND and Hamilton Construction on 2-5-2019 and 2-19-2019 the concrete planks are showing up and will continuing to be formed and made at Anchorage Sand and Gravel for South Harbor Launch Ramp The South Harbor Launch Ramp is closed for the construction phase; the completion date is May 2019. st The 1vessel to moor on the new fisherman’s float is the Endeavor. New revenue for SMIC has begun. The Harbormaster traveled to Juneau for the Legislative session and also met with the U.S. Coast Guard on preparing Seward for the new FRC vessels. The Harbor is fully staffed. The harbor had both the 50 ton and the 330-ton travelifts inspected by Kendrick Equipment, no safety issues were noted, this is due to the thorough maintenance program conducted by the harbor crew. PUBLIC WORKS Director: Working on RFP’s for Elevator Maintenance and Water/Sewer rate studies. Hopefully both will be out on the street very soon. Ongoing planning with the US Army Corp. of Engineers “Silverjackets” and others for Lowell Creek Diversion Dam overflow emergency action plans and tabletop meeting. Weekly brief teleconference with FEMA and State Emergency Management. Streets: We are in a freeze-thaw cycle as the days get longer. Be careful driving and walking around town as ice forms over wet streets and sidewalks as well as the sanded areas. Pre-planning with crews for spring and summer improvement projects. Water, Wastewater Utilities: The refurbished 400,000-gallon water Tank up Lowell Canyon passed the water quality testing and is back in full service for public use. Maintenance and repair work on Water and Sewer facilities continues every month for residents and businesses. Shop: The newer large sand truck was temporarily down for repairs. One loader was down for a wiring harness replacement. Buildings: High winds caused concerns and some damages around the City. The front door on the Annex building was ripped open breaking the industrial hinges off but the glass door survived. Hinges have now been replaced by a local contractor. LED bulbs were added to some fixtures in the Library to replace burned out bulbs with ballast issues. We will continue our program to add LED replacements that will translate into energy savings. Snow avalanche from the Mount Marathon race chute slid across the valley floor blocking vehicle access above the water tanks. PARKS AND RECREATION Sales Snack Items$28.15 Public Use$0 Special Events$0.00 Rentals$100.00 Total$128.15 Attendance Middle School184 High School10 Special Events48 Seaview Adults26 Total 268 Volunteer 4 Hours TRR Winter Hours Tuesday 2:30-9:00PM Wednesday2:30-9:00PM Thursday2:30-9:00PM Friday2:30- 10:00PM Saturday(18-21)5:00- 10:00PM Additional Notes TYC/TRR hosted a sleepover for kids the night of the Public Safety Ball. Nine people attended the Positive People Class, which was held at TRR. (One teen attended. A second teen volunteered.) Eleven teens had a blast at the (Valentine’s) Hearts Party. TRR activities included: swimming, attending the Seahawk’s basketball game, pool and air hockey tournaments and board games. On Saturday, February 25 TRR hosted a private, Nerf toys birthday party, 23 kids/adults were present. Winter Hours are posted at the Teen Rec Room and online at sewardrec.com. TRR is available to rent for parties and special events, contact 224-4056 or SPRD@cityofseward.netto organize events. Teen Rec Room Attendance: 12 to 15 per day TRR will be closed on Saturday’s until a new coordinator is hired. Participants enjoyed swimming, cooking, games with staff, and the last home basketball game Leadership council requested planning activities for the summer. Several of these were written into camp as extra activities. We are looking for a sponsor for Teen Cuisine nights at the TYC. TRR will be closed on Saturday’s until further notice. Sports & Recreation Volleyball Standings Adult Hoops League Scores Teen Youth Center After School attendance: 15 to 22 weekly Spring break registration is currently at 13 and we expect a few more. Summer Camp Brochure is in draft form and being reviewed. Expected release date is March 8 Registration for summer camp online will begin on March 8 TYC applied for a grant from Seward Community Foundation to support our enrichment events this summer. TYC had 13 participants during Seward’s Safety Ball Overnight event. Activities included swimming, games, and movies. Campground & Park Maintenance Campground maps are almost ready to be sent to the Publisher There are seven campground hosts interested in hosting this season. Interviewing for summer seasonal positions: Park Maintenance Aides, Park Maintenance Worker I and Gardener. New seasonal employee training Sanding and staining the campground entrance signs February Campground nights: 28 Assisting other SPRD departments The City of Seward is now accepting payment for cemetery plot reservations. Individuals pay $500 per . cremains or burial site in the new cemetery section. See forms online at www.cityofseward.us/cemetery Paid Parking Department is closed for the winter. We will continue to collect and invoice unpaid parking tickets. COMMUNITY LIBRARY AND MUSEUM UPCOMING CLOSURES Thurs, March 7 – Training/Work Day (first Thursday, Nov-May) Mon, March 25 – Holiday: Seward’s Day January 2018 Statistics 8,425 Front Door Counter 90 Museum Admission 15 Programs 3,901 Alaska Library Catalog Circulation for Seward 568Library Users in Seward 512 Alaska Digital Library Circulation for Seward 48 Interlibrary Loan Requests outside the Consortium 6 Passport Applications 17 Notaries 1 Proctored Exams 108 Room Uses 975 Public Computer Sessions February 2018 Statistics 8,416 Front Door Counter 82 Museum Admission 17 Programs 3,638 Alaska Library Catalog Circulation for Seward 516 Library Users in Seward 512 Alaska Digital Library Circulation for Seward 49 Interlibrary Loan Requests outside the Consortium 11 Passport Applications 3 Notaries 1 Proctored Exams 105 Room Uses 770 Public Computer Sessions NEWS & UPDATES Library Museum Technician, Evan Hinton, attended the 2019 Alaska Library Association Conference in Juneau, AK, Feb 28-March 3.Travel and conference expenses will be paid through a Continuing Education Grant from the Alaska State Library. We thank the Alaska State Library for this wonderful opportunity for Library Museum staff to learn, share and grow our resources and skillsets to serve our community better! NOW HIRING Library Museum Program Coordinator Two Part-Time Seasonal Aides, one each for Library and Museum Front Desks UPCOMING PROGRAMS Story Time Fridays, 11am-Noon, Children’s Room All children under the age of 5 years and their caregivers are invited to join in the fun every Friday! Each Story Time is accompanied by story books, action songs, finger plays and crafts to enhance the children’s experience with the theme and literacy. On 2/22, we had fun with Monkey Business, and on 3/1, we celebrated Dr. Seuss’s birthday with great stories, silly songs and crafts. March 8:Salmon w/ Melissa from the Alaska SeaLife Center! March 15: Iditarod Celebration March 22: Boxes March 29: Oodles of Noodles Play Time Saturdays, Noon-4pm, Children’s Room Each week features a new theme and selection from our Children’s Library collection. We’re going through the alphabet and have already had fun with Earth, Food, Gift and Home themes! Don’t miss out on the fun with books, activities, and toys selected each week to enhance creative play and development. Stop by each Saturday to experience our newest theme for this unique unstructured play program created with working parents in mind. Adult supervision required. March 9:I is for Inch March 16: J is for Jump March 23: K is for Kite March 30: L is for Leaf Can’t make it to Story Time or Play Time? Stop by whenever we’re open to enjoy our growing collection of children’s books, puzzles, developmental toys and activities in the Children’s Room to enhance your child’s learning, play, reading and social experience. Social Security 101: Everything You Wanted to Know About Social Security Mar 12, Noon-1:30pm, Meeting Room By popular demand, a FREE OWL workshop from Social Security to answer questions like: When are you eligible to receive retirement benefits?How does early retirement affect your benefits?Do you qualify for disability, survivors, and spouse benefits? How do you get the most from your benefit? What is the future of Social Security? When should you file for Medicare? Learn how to use my Social Security online account and other online services. Visit www.socialsecurity.gov/myaccount to create an account to print out a Social Security Statement before the workshop. Can’t make it? This program will repeat April 9th and May 14th. March Community Book Club March 16, 11am-12:30pm, Meeting Room The Storied Life of A.J. Fikry by Gabrielle Zavin, available for pick up now at the library front desk. Regular patrons may also access the ebook through the Alaska Digital Library adl.overdrive.com for FREE with their library card number and PIN. Contact us for more information. All are welcome whether you finished the book or not. Don’t forget to bring a light dish to share! “AJ Fikry owns a failing bookshop. His wife has just died, in tragic circumstances. His rare and valuable first edition has been stolen. His life is a wreck. Amelia is a book rep, with a big heart, and a lonely life. Maya is the baby who ends up on AJ's bookshop floor with a note. What happens in the bookshop that changes the lives of these seemingly normal but extraordinary characters? This is the story of how unexpected love can rescue you and bring you back to real life, in a world that you won't want to leave, with characters that you will come to love.” (Google Books) Book Bunch Wed, March 27, 1-2pm, Community Room This unique program for homeschooled children is planned for the elementary age level, but students of all ages and their families are invited to bring their current reads to share with each other. Enjoy sharing about what we’re reading, book recommendations, silly jokes and fun activities based on the theme. National Noodle Monthwas selected for the March theme! There was also interest in learning more about Women’s History Month. Children at the next meeting will select the April theme, which will also include a special visit to the Museum to close out the season! We thank Kelli Moore, Dental Hygienist, from Seward Family Dentistry for joining us at February Book Bunch for the theme the students chose: National Children’s Dental Health Month! We had a lot of fun with stories, jokes and crafts while learning about how to care for our teeth and why. We loved your special dinosaur puppet, Kelli! Thank you to Dr. Moriarty for the goodie bags, too! ELECTRIC Number of new Job Orders started since Jan. 1, 2019: (1) A big Thank You to Cuno Hansen and Jason Ebberson for responding to some structural fires recently to disconnect the electric power so the fire fighters could do their job. The Electric Department asks your patience while we are temporarily short-staffed without an administrative assistant and some of the routine tasks, information and services we provide are delayed while we look for a replacement. However, the Electric Executive Assistant position has been posted, internally (1/31), externally (2/11) and will hopefully be filled soon. The Electric Department worked with Renewable Energy Alaska Project (REAP), Seward Middle School and the Alaska SeaLife Center for a field trip about renewable energy and conservation. The field trip and pizza were thereward for participating in a statewide contest exploring ideas about energy conservation, renewable energy and helping the environment. The two participating 6th grade classes toured the Alaskan SeaLife Center’s heat pump system (renewable energy), and congratulations to the Seward Regional winner Van Shank for his ideas on energy conservation. Photos courtesy of Tammy Foutz The Electric Department would like to thank the Seward Middle School teachers, parent volunteers and especially the Alaska SeaLifeCenter staff for their time and resources in making this a successful learning experience for 43 sixth grade students. TheRailbelt utilities and ATC filed the Certificate of Public Convenience and Necessity (CPCN) with the RCA nd on Friday, February 22 for the formation of the Alaska Railbelt Transmission (ART) company. Now it is up to the Regulatory Commission of Alaska (RCA) to review the application and either approve it, ask for additional changes or deny it. The utilities are simultaneously working on the formation of the Railbelt Reliability Council (RRC) with other interested stakeholders in the form of an implementation committee to resolve the differences. The two organizations will work collectively to repair/replace and study/standardize the existing transmission system to reduce congestion and allow open access for additional generation. Chugach Electric is currently replacing transmission infrastructure between Hope and Cooper Landing. This is called islanding and it means the separation of the City of Seward from generation in Anchorage. All of our power at this time is being supplied by Bradley Lake Hydroelectric powerplant. The project is expected to last until the end of March, however, we shouldn’t see any disturbances during this time. All of the City’s backup generators are operational in the event of an emergency transmission outage. The front door of the City Hall Annex building was damaged in the recent wind storm and not functional for approximately two weeks. Employees and members of the public were forced to use the ‘back’ doors to the facility to enter and exit the building. We are sorry to the public for the inconvenience. Brennan Hickok, Bryan Thrall and Patrick Gillis travelled the transmission line to inspect the area the Electric Department plans to clear this year (Mile 18-22). The Electric crews clear the most vegetative sections of the transmission line every year to help reduce potential outages and reduce the risk of wild fires. This is an ongoing process. FINANCE Finance staff is busy preparing for the year-end financial audit with fieldwork slated for the first two weeks of st April. The auditors are scheduled to meet with the City Council in executive session on April 1 without staff present, as a best practice, since the auditors work directly for the City Council. This year’s lead auditor is Joy Merriman who is new to the City of Seward’s audit team. Staff has prepared the resolution recommending the payoff of the SMIC 330-Ton Travelift interfund loan; this will help free up $98K of General Fund resources on a going-forward basis, since the General Fund has historically made these annual debt payments. Finance is working with new and other department heads interested in getting an earlier start on the biennial budget process, and have opened up the 2020/2021 budget module for departments to begin work on formulating their budget requests in the hopes of giving City Council and the public more time for public discussion regarding the upcoming 2020/2021 biennial budget. Staff are paying close attention to the governor’s State of Alaska budget and considering potential impacts to the City of Seward and to the community. As far as the City of Seward’s budget is concerned, potential impacts from the governor’s budget are likely to take effect in 2020 and thereafter, so are not expected to have an immediate impact on the City’s 2019 budget. On the plus side, the City has anticipated declines in both state and federal funding for a number of years and has been taking tangible steps to build a structural budget that is less dependent on state funding (i.e. removing one-time revenue projections from the budget, adding incremental increases to enterprise fund tariffs to enable business-like entities to become less dependent on state and federal funding for infrastructure, etc). As a matter of best budgeting practice, we have not programmed in some of the state revenues which were likely candidates for being cut, such as revenue sharing/community assistance. Instead, those revenues have been used to fund one-time capital purchases in the recent past.A reduction in this program then, will not impact the City’s operating budget. At this point, the most likely adverse direct impact to the City’s budget is the potential for loss of fish tax revenues if the State stops sharing those revenues with communities. In Seward’s case, that will result in a reduction of revenues from what was budgeted in excess of $350,000, but is not expected to impact the City until 2020, leaving time to prepare for those cuts. We are keeping an eye on the proposed elimination of the harbor facility grant program.While the City does not have a current project submitted for funding in 2019, we had expected to apply to that program in a cost-sharing project to replace additional floats in the harbor in the near future. It is too early to know how the proposed cuts to the State Department of Health and Human Services’ budget could impact the reimbursement rates for our hospital and long-term care facility, but we will continue to evaluate potential cuts as more information becomes available.As of now, we are not hearing concerns about additional State cuts to community jails program, commercial passenger vessel tax program, State payments on-behalf of cities for PERS, or other similar cuts that have a direct impact on the City’s budget. We do expect to see some significant adverse impacts on the community and state-funded agencies from other proposed budget cuts, including cost-shifting from the State to the borough (education funding cuts including school bond debt reimbursement -- $2.8 million impact to KPB --and base student allocation --$18 million impact to KPB --, community assistance, petroleum property taxes --$15 million impact to KPB --, borough-wide healthcare, etc.). Seward has a large number of government entities and state-supported entities which will likely experience additional adverse impacts from proposed budget cuts, although it is too early to assess the potential impacts on some State, quasi-state, and other affected entities (local schools, the prison, AVTEC, University, Seaview, etc.). The tariff increases which take affect the first full billing cycle of the new year for water, sewer and electric have been reflected on the bills that went out to customers at the end of February (for the period 1/15/19 – 2/15/19). PERSONNEL City of Seward Personnel Transactions from 2/15/2019-3/1/2019 Prepared by Riley Shurtleff, City of Seward Personnel Officer Separations:Department:Date of Separation Harbor Worker IIHarbor3/1/2019 New Hires:Department:Date of Hire Seasonal Parks Maintenance Worker ISPRD2/19/2019 Available Full Time Positions:Department:Position Status City ManagerAdministrationAdvertising via City Website and GovHR since 1/29/2019 Police DispatcherPoliceAdvertising Since 9/18/2018 Patrol Officer RecruitPoliceAdvertising Since 10/11/2018 Corrections OfficerPoliceAdvertising Since 11/29/2018 Program CoordinatorLibrary Advertising Since 1/28/2019 Museum Sports and Recreation CoordinatorSPRDAdvertising Since 2/8/2019 Recreation AssistantSPRDAdvertising Since 2/11/2019 Executive AssistantElectricAdvertising Since 2/11/2019 Teen Rec Room CoordinatorSPRDAdvertising Since 2/14/2019 Available Seasonal Positions:Department:Position Status Campground Attendants I & II SPRDAdvertising Since 1/18/2019 SPRDAdvertising Since 1/18/2019 Parks Maintenance Worker I, II, II GardenerSPRDAdvertising Since 1/18/2019 Library Advertising Since 2/1/2019 Library Museum Seasonal Aide Museum ParkingAdvertising Since 1/18/2019 Parking Operations Supervisor ParkingAdvertising Since 1/18/2019 Parking Operations Technician ParkingAdvertising Since 1/18/2019 Parking Attendant Teen Youth Center Summer Camp SPRDAdvertising Since 1/18/2019 Counselor Program Aide (TYC, Teen Rec Room, Sports SPRDAdvertising Since 1/18/2019 & Rec at the AVTEC Gym) SPRDAdvertising Since 1/18/2019 Program Aide Trainee ALPAR Crew Leader SPRDAdvertising Since 1/18/2019 ALPAR Teen Litter Patrol Crew SPRDAdvertising Since 1/18/2019 Sponsored by:Planning & Zoning Commission Introduction Date:March 11, 2019 Public Hearing Date:March 26, 2019 Enactment Date:March 26, 2019 CITY OF SEWARD, ALASKA ORDINANCE 2019-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE §15.10.226 LAND USES ALLOWED TABLE, TO ALLOW ANIMAL SHELTER IN THE INSTITUTIONAL ZONING DISTRICT BY CONDITIONAL USE PERMIT WHEREAS, City Council passed Resolution 2018-049 on May 29, 2018, directing City administration to bring forward recommendations for a site on which to relocate the animal shelter; and WHEREAS, the Seward Planning and Zoning Commission passed Resolution 2018-015 on September 4, 2018 recommending that the Alice Pickett Memorial Animal Shelter be relocated to Lot 6A-2 Fort Raymond Subdivision Replat Number Three, located at 605 Sea Lion Drive, in the Institutional Zoning District; and WHEREAS, Lot 6A-2 is owned by the City of Seward and currently supports a number of public uses, including a baseball field, the electric utility warehouse and substation, and two municipal water wells; and WHEREAS, Animal Shelters are currently an allowed use in the Industrial and Resource Management Zoning Districts per Table 15.10.226 Land Uses Allowed; and WHEREAS, the Alice Pickett Memorial Animal Shelter is a public facility operated for the well-being of the animal companions of the citizens of Seward and is operated by the City of Seward; and WHEREAS,the Institutional Zoning District is designed to allow public and private educational, administrative, government and health care uses, including public land reserve for future public development. The development standards are intended to set a high standard to assure that the activities provide visual amenity to the surrounding area; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Planning and Zoning Commission on October 16, 2018, and WHEREAS, at their October 16, 2018 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed Land Uses Allowed Table amendments included in this ordinance. CITY OF SEWARD, ALASKA ORDINANCE 2019-007 ________________________ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINSthat: Section 1.Seward City Code Section 15.10.226 Land Uses Allowed Table is hereby amended to read as follows: (Deletions are Bold Strikethroughs; Additions are Bold Underline.) SCC Table 15.10.225. - Land Uses Allowed Table (Deletions are Bold Strikethroughs; Additions are Bold Underline) Districts:Principally ResidentialPrincipally Principally CommercialPublic UsesRRR1R2R3URORACHCCBIRMINSP Animal Shelter OC C Section 2.This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA th this 26day of March, 2019. THE CITY OF SEWARD, ALASKA _______________________________ David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: Sponsored by:Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING PAYOFF OF AN INTERFUND LOAN OWED TO THE MOTOR POOL INTERNAL SERVICE FUND FROM THE SMIC ENTERPRISE FUND IN THE REMAINING AMOUNT OF $490,042.57 RELATED TO THE PURCHASE OF A 330-TON TRAVELIFT, AND APPROPRIATING FUNDS WHEREAS, at its meeting of July 14, 2014, the Seward City Council approved Resolution 2014-054, authorizing the purchase of a 330-ton boat lift and further authorizing a loan from the Motor Pool Internal Service Fund to the Seward Marine Industrial Center ; and WHEREAS, SMIC borrowed $1,029,087 from the Motor Pool Fund for an initial period of seven years, with said period extended to 2024 during the budget process due to budgetary constraints; and WHEREAS, due to the collection of grant administrative fees related to SMIC, the assignment of expansion costs to a State grant, increased boat lift revenues and recent increased economic activity at SMIC, the SMIC Enterprise Fund is in a position to repay the loan in full; and WHEREAS, paying for the 330-ton boat lift loan using General Fund sources due to the SMIC Fund having insufficient resources to pay the loan, resulting in a drawdown of General Fund reserves each year ranging from $147,012 to $98,008, and the administration recommends paying off this debt to reduce the budgetary impact on the General Fund by $98,008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby authorizes the payoff of an interfund loan due to the Motor Pool Internal Service Fund from the SMIC Enterprise Fund in the amount of $490,043 representing the remaining outstanding balance of the loan issued to purchase the 330- ton boat lift at the Seward Marine Industrial Center. Section 2. The amount of $490,043 is hereby appropriated and transferred from the SMIC Enterprise Fund 330-Ton Loan payable account no. (12000-0000-3710-03000) to the Motor Pool loan receivable account no. (03000-0000-3700-12000). Section 3. This resolution shall take effect immediately upon adoption. CITY OF SEWARD, ALASKA RESOLUTION 2019-023 ___________________________ PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this th 11day of March, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Brenda J. Ballou, MMC City Clerk (City Seal) Sponsored by:Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE-YEAR CONTRACT WITH R&M CONSULTANTS INC. FOR ON-CALL ENGINEERING SERVICES WHEREAS, City of Seward Administration has identified the need for various engineering services for construction, surveying, utility expansion and land use issues; and WHEREAS, a Request for Proposals (RFP) was issued by the City on January 14, 2019; and WHEREAS, the City received four (4) competitive proposals in congruence with the RFP specifications; and WHEREAS, a scoring team consisting of the Interim City Manager, Assistant City Manager, Public Works Director, City Planner, Deputy Finance Director and the Port Director for the Alaska Railroad/Port and Commerce Advisory Board Chair scored the proposals based on the scoring criteria set forth in the RFP; and WHEREAS, out 100 points possible, R&M Consultants Inc. received 88 points, North Iron Engineering received 74 points, PND Engineering received 87 points, and Bristol Engineering Services Company LLC received82 points; and WHEREAS, a master contract will serve as the basis to obtain engineering services, including insurance requirements, statement of qualifications,and fee structure; and WHEREAS, the City Manager or City Council, depending on the total cost of scope of work, will approve each project proposal; and WHEREAS, Resolution 2019-021 authorized a budget amendment and appropriation for $25,000 for engineering services in anticipation of this contract and utilization of various services; and WHEREAS, this three-year contract is effective upon City Manager signature and expires three-years thereafter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: CITY OF SEWARD, ALASKA RESOLUTION 2019-024 ___________________________ Section 1. The City Manager is authorized to enter into an agreement with R&M Consultants Inc. based upon the terms and conditions specified in the request for proposal, and after review and concurrence of the City Attorney. Section 2. The effective date is the date signed by the City Manager and expiring three- years thereafter. Section 3.This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this th 11day of March, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Brenda J. Ballou, MMC City Clerk (City Seal) $209.51$210.00$297.00$223.86 NA NA R&M** $50$57.40 - $103.32 $95$66.01 - $109.06$85$57.40 - $103.32$50$57.40 - $103.32$95$60.27 - $86.10 $125$115$126.28 - $172.20$230$320$180$160$136.33 - $200.90$140$123.41 - $157.85$110$68.88 - $111.93$105$160$175.07 - $223.86$140$100.45 - $192.29$120$114.80 - $123.41$110$127.72 - $132.02$105 PND Hourly Rate $70$90$60$90$60 $180$160$300$220$200$185$145$100$195$180$140$130 $230 North Iron $84 $238$194$194$194$147$142 $220$247 $55-$75 $70 -$100 $70 - $100 $140 - $195$150 - $165$115 - $140 Bristol* M&N Fees On-Call Engineering Fees Position Chief of SurveyLicensed Land SurveyorThree-Man Survey CrewSurvey TechnicianPrincipalProject ManagerProject EngineerAssistant EngineersTechnicianDraftspersonClericalConstruction ManagerConstruction EngineerSenior Construction InspectorChief InspectorInspectorDraftspersonClerical Two-Man Survey Crew Task DESIGN SURVEY CONSTRUCTION ADMINISTRATION * Bristol's proposal included Golder, GDM, RSA Engineering, Midnight Sun Environmental, HMS, Earthscape, and Moffatt & Nichol firms with their own fee schedules.** R&M's proposal included two subcontractors, RSA Engineering, Inc. and CRW Engineering Group, LLC and have their own fee schedule. Sponsored by:Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KENDALL FORD FOR THE PURCHASE OF ONE FORD AWD POLICE PATROL VEHICLE, FOR AN AMOUNT NOT TO EXCEED $42,766.56 WHEREAS, the purchase of one new police vehicle per year is consistent with the policy of the city in order to keep the fleet in good mechanical, dependable condition; and WHEREAS, the vehicle being replaced is as 2007 Ford and currently has 89,000 miles on it. Additionally, this vehicle is starting to develop engine problems, the paint is peeling off, and wear and tear is showing on this 12-year-old vehicle. WHEREAS, the vehicle must be professionally equipped with police equipment, including winter tires and rims,in the amount of $1,624.56 from various vendors; and WHEREAS, the purchase of a new patrol vehicle is included in the 2019 budget; and WHEREAS, the last purchase of a police patrol vehicle was in 2018 and the Police Department will be retiring one other patrol vehicle (vehicle #251) after this purchase; and WHEREAS, the city has an opportunity to purchase the patrol vehicle under the same contract terms that were offered to the State of Alaska by Kendall Ford through a competitive bid process; and WHEREAS, the City Council has determined that the public interest would be best served by not requiring competitive bids and makes the following finding: 1. Seward City Code Section 6.10.120 B., provides that the city may utilize competitive bids obtained by other governmental units; and 2. Kendall Ford in Wasilla, Alaska has been awarded a contract to provide patrol vehicles for the State of Alaska, and the City of Seward has an opportunity to purchase one patrol vehicle at a bid amount not to exceed $41,142.00. Additionally, tires and rims will be purchased for $1,624.56, bringing the total cost of the purchase to $42,766.56. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into an agreement with Kendall Ford in an amount not to exceed $41,142.00 for the purchase of one model 2018 Ford police patrol vehicle CITY OF SEWARD, ALASKA RESOLUTION 2019-025 ___________________________ in accordance with SCC Section 6.10.120(B), plus the purchase of tires and rims in the amount of $1,624.56. Section 2. Funding for the new vehicle was appropriated in the 2019 Budget, at a total anticipated cost of $45,000. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this th 11day of March, 2019. THE CITY OF SEWARD, ALASKA David Squires, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ______________________ Brenda J. Ballou, MMC City Clerk (City Seal) Kendall Ford Fleet 431 Unga St, Anchorage, Alaska , 99501 Office: 907-793-8216 Customer Proposal Prepared by:Date: 01/28/2019 Vehicle: 2020 Police Interceptor Utility Base TERESA WINTER AWD Office: 907-793-8216 Email: teresawinter@kendallauto.com 1 2020 Police Interceptor Utility, Sport Kendall Ford Fleet 431 Unga St, Anchorage, Alaska , 99501 Utility Office: 907-793-8216 AWD Base(K8A) Price Level: 20 Selected Options CodeDescription Base Vehicle K8ABase Vehicle Price (K8A) Packages 500AOrder Code 500A Includes: - 3.73 Axle Ratio - GVWR: TBD - Tires: 255/60R18 AS BSW - Wheels: 18" x 8" 5-Spoke Painted Black Steel Includes center caps and full size spare. - Radio: AM/FM/MP3 Capable Includes clock, 4 speakers and 4.2" color LCD screen center stack Smart Display. Powertrain 99BEngine: 3.3L V6 Direct-Injection (FFV) (136-MPH Top Speed) Note: Deletes Regenerative Braking and Lithuim- Ion Battery Pack; adds 250-Amp Alternator, replaces H7 AGM battery (800 CCA/80-amp) with H7 SLI battery (730 CCA/80-amp) and replaces 19-gallon tank with 21.4-gallon. 44UTransmission: 10-Speed Automatic (44U) STDAX3.73 Axle Ratio STDGVGVWR: TBD Wheels & Tires STDTRTires: 255/60R18 AS BSW STDWLWheels: 18" x 8" 5-Spoke Painted Black Steel Includes center caps and full size spare. Seats & Seat Trim FUnique HD Cloth Front Bucket Seats w/Cloth Rear Includes reduced bolsters, driver 6-way power track (fore/aft.up/down, tilt with manual recline, 2-way manual lumbar, passenger 2-way manual track (fore/aft. with manual recline) and built-in steel intrusion plates in both front seatbacks. Other Options 113WB113" Wheelbase PAINTMonotone Paint Application STDRDRadio: AM/FM/MP3 Capable Includes clock, 4 speakers and 4.2" color LCD screen center stack Smart Display. 41HEngine Block Heater 43DDark Car Feature Courtesy lamps disabled when any door is opened. Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: TERESA WINTER Date: 01/28/2019 2 2020 Police Interceptor Utility, Sport Kendall Ford Fleet 431 Unga St, Anchorage, Alaska , 99501 Utility Office: 907-793-8216 AWD Base(K8A) Price Level: 20 Selected Options (cont'd) CodeDescription 17TSwitchable Red/White Lighting in Cargo Area Deletes 3rd row overhead map light. 76DUnderbody Deflector Plate Engine and transmission shield. 68GRear-Door Controls/Locks Inoperable (locks, handles and windows). Note: Can manually remove window or door disable plate with special tool. Note: Locks/windows operable from driver’s door switches. 59JKeyed Alike - 1111x 68BPolice Perimeter Alert Detects motion in an approximately 270-degree radius on sides and back of vehicle; if movement is determined to be a threat, chime will sound at level I. Doors will lock and windows will automatically go up at level II. Includes visual display in instrument cluster with tracking. 549Heated Sideview Mirrors Emissions 42550 State Emission System Flexible Fuel Vehicle (FFV) system is standard equipment for vehicles equipped with the 3.3L V6 Direct-Injection engine. Interior Colors F6_01Charcoal Black Primary Colors YZ_01Oxford White Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: TERESA WINTER Date: 01/28/2019 3 2020 Police Interceptor Utility, Sport Kendall Ford Fleet 431 Unga St, Anchorage, Alaska , 99501 Utility Office: 907-793-8216 AWD Base(K8A) Price Level: 20 Selected Equipment & Specs Dimensions Wheelbase: 113.0" * Passenger volume: 118.4cu.ft. * Cargo volume: 50.0cu.ft. * Cargo volume seats folded: 89.0cu.ft. * Maximum cargo volume: 89.0cu.ft. Powertrain 3.3L DOHC 24 valve twin turbo V-6 engine with variable valve control, gasoline direct injection * Recommended fuel : premium unleaded * ULEV II * 10 speed automatic transmission with overdrive * All-wheel drive * Fuel Economy Cty: N/A * Fuel Economy Highway: N/A * Capless fuel filler Suspension/Handling Front independent strut suspension with anti-roll bar, gas-pressurized shocks * Rear independent multi-link suspension with anti-roll bar, gas-pressurized shocks * Electric power-assist rack-pinion Steering * Front and rear 18 x 8 black steel wheels * P255/60WR18 BSW AS front and rear tires Body Exterior 4 doors * Driver and passenger power remote heated, manual folding door mirrors * Black door mirrors * Lip rear spoiler * Body-coloured bumpers * Clearcoat paint * Front and rear 18 x 8 wheels * 2 front tow hook(s) Convenience Dual zone front automatic air conditioning with air filter * Cruise control with steering wheel controls * Power windows * Driver and passenger 1-touch up * Driver and passenger 1-touch down * Power door locks * Manual tilt steering wheel * Manual telescopic steering wheel * Day-night rearview mirror * Wireless phone connectivity * Smart device integration * 1 1st row LCD monitor * Dual visor mirrors * Driver and passenger door bins Seats and Trim Seating capacity of 5 * Front bucket seats * 8-way 6-way power driver seat adjustment * Manual driver lumbar support * Power height adjustable driver seat * 4-way passenger seat adjustment * 35-30-35 folding rear split-bench seat * Cloth seat upholstery * Metal-look instrument panel insert Entertainment Features AM/FM stereo radio * External memory control * Steering wheel mounted radio controls * 4 speakers * Streaming audio * Integrated roof antenna Lighting, Visibility and Instrumentation LED low/high beam projector beam headlights * Fully automatic headlights * LED brakelights * Variable intermittent front windshield wipers * Speed sensitive wipers * Fixed interval rear windshield wiper * Rear window defroster * Fixed rearmost windows * Deep tinted windows * Front and rear reading lights * Tachometer * Camera(s) - rear with washer * Low tire pressure warning * Trip computer * Trip odometer Safety and Security 4-wheel ABS brakes * Brake assist with hill hold control * 4-wheel disc brakes * Electronic stability control * ABS and driveline traction control * Dual front impact airbag supplemental restraint system * Dual seat mounted side impact airbag supplemental restraint system * Curtain 1st and 2nd row overhead airbag supplemental restraint system * Knee airbag supplemental restraint system * Airbag supplemental restraint system occupancy sensor * Power door locks * Security system * Manually adjustable front head restraints Dimensions Fuel Tank type Capacity 21.4 gal.Capless fuel filler Yes Interior cargo Cargo volume 50.0 cu.ft.Cargo volume seats folded 89.0 cu.ft. Maximum cargo volume 89.0 cu.ft. Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: TERESA WINTER Date: 01/28/2019 4 2020 Police Interceptor Utility, Sport Kendall Ford Fleet 431 Unga St, Anchorage, Alaska , 99501 Utility Office: 907-793-8216 AWD Base(K8A) Price Level: 20 Selected Equipment & Specs (cont'd) Powertrain Engine Type Block material Iron Cylinders V-6 Head material Aluminum Ignition Spark Injection Gasoline direct injection Liters 3.3L Orientation Transverse Recommended fuel Premium unleaded Valves per cylinder 4 Valvetrain DOHC Variable valve control Yes Forced induction Twin turbo Alternator Type Hybrid electric motor Amps 250 Battery Amp hours 80 Cold cranking amps 730 Type HD Engine Extras Block heater Yes Oil cooler Yes Radiator HD Starter Hybrid electric motor Transmission Electronic control Yes Lock-up Yes Overdrive Yes Speed 10 Type Automatic Transmission Gear Ratios 1st 4.696 2nd 2.985 3rd 2.146 4th 1.769 5th 1.52 6th 1.275 7th 1 8th 0.854 9th 0.689 10th 0.636 Reverse Gear ratios 4.866 Transmission Extras Oil cooler Regular duty Drive Type 4wd type Automatic full-time Type All-wheel drive Drive Feature Traction control ABS and driveline Locking hub control Permanent Drive Axle Ratio 3.73 Exhaust Material Stainless steel System type Dual Emissions CARB ULEV II EPA Tier 2 Bin 5 fuel Economy Fuel type Gasoline Fuel Economy (Alternate 1) Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: TERESA WINTER Date: 01/28/2019 5 2020 Police Interceptor Utility, Sport Kendall Ford Fleet 431 Unga St, Anchorage, Alaska , 99501 Utility Office: 907-793-8216 AWD Base(K8A) Price Level: 20 Selected Equipment & Specs (cont'd) Fuel type E85 Driveability Brakes ABS 4-wheel ABS channels 4 Type 4-wheel disc Vented discs Front and rear Brake Assistance Brake assist Yes Hill hold control Yes Suspension Control Ride Regular Electronic stability control Stability control with anti-roll Front Suspension Independence Independent Type Strut Anti-roll bar Regular Front Spring Type Coil Grade Regular Front Shocks Type Gas-pressurized Rear Suspension Independence Independent Type Multi-link Anti-roll bar Regular Rear Spring Type Coil Grade Regular Rear Shocks Type Gas-pressurized Steering Activation Electric power-assist Type Rack-pinion Steering Specs # of wheels 2 Exterior Front Wheels Diameter 18"Width 8.00" Rear Wheels Diameter 18"Width 8.00" Spare Wheels Wheel material Steel Front and Rear Wheels Appearance Black Material Steel Covers Hub Front Tires Aspect 60 Diameter 18" Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: TERESA WINTER Date: 01/28/2019 6 2020 Police Interceptor Utility, Sport Kendall Ford Fleet 431 Unga St, Anchorage, Alaska , 99501 Utility Office: 907-793-8216 AWD Base(K8A) Price Level: 20 Selected Equipment & Specs (cont'd) Sidewalls BSW Speed W Tread AS Type P Width 255mm Rear Tires Aspect 60 Diameter 18" Sidewalls BSW Speed W Tread AS Type P Width 255mm Spare Tire Mount Inside under cargo Type Full-size Wheels Wheelbase 113.0" Body Features Rear spoiler Lip Skid plate(s)1 Body material Galvanized steel/aluminum Side impact beams Yes Front tow hook(s)2 Body Doors Door count 4 Left rear passenger Conventional Right rear passenger Conventional Rear cargo Liftgate Safety Airbags Driver front-impact Yes Driver side-impact Seat mounted Occupancy sensor Yes Overhead Curtain 1st and 2nd row Passenger front-impact Yes Passenger side-impact Seat mounted Knee Passenger Seatbelt Rear centre 3 point Yes Height adjustable Front Pre-tensioners Front Pre-tensioners (#)2 Seating Passenger Capacity Capacity 5 Front Seats Split Buckets Type Bucket Driver Seat Fore/aft Power Height adjustable Power Reclining Manual Way direction control 8 Lumbar support Manual Cushion tilt Power Passenger seat Fore/aft Manual Reclining Manual Way direction control 4 Front Head Restraint Control Manual Type Adjustable Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: TERESA WINTER Date: 01/28/2019 7 2020 Police Interceptor Utility, Sport Kendall Ford Fleet 431 Unga St, Anchorage, Alaska , 99501 Utility Office: 907-793-8216 AWD Base(K8A) Price Level: 20 Selected Equipment & Specs (cont'd) Rear Seats Descriptor Split-bench Facing Front Folding 35-30-35 Folding position Fold forward seatback Type Fixed Front Seat Trim Material Cloth Back material Vinyl Rear Seat Trim Group Material Cloth Back material Carpet Convenience AC And Heat Type Air conditioning Automatic Dual zone front Yes Air filter Yes Underseat ducts Yes Audio System Radio AM/FM stereo Radio grade Regular Seek-scan Yes External memory control External memory control Audio Speakers Speaker type Regular Speakers 4 Audio Controls Speed sensitive volume Yes Steering wheel controls Yes Streaming audio Yes Audio Antenna Type Integrated roof LCD Monitors 1st row 1 Primary monitor size (inches)4.2 Cruise Control Cruise control With steering wheel controls Remote Releases Cargo access Power Convenience Features Driver foot rest Yes Retained accessory power Yes 12V DC power outlet 2 Wireless phone connectivity Yes Smart device integration App link Door Lock Activation Type Power Door Lock Type Rear child safety Manual Tailgate/rear door lock Included with power door locks Instrumentation Type Display Analog Instrumentation Gauges Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: TERESA WINTER Date: 01/28/2019 8 2020 Police Interceptor Utility, Sport Kendall Ford Fleet 431 Unga St, Anchorage, Alaska , 99501 Utility Office: 907-793-8216 AWD Base(K8A) Price Level: 20 Selected Equipment & Specs (cont'd) Tachometer Yes Engine temperature Yes Engine hour meter Yes Instrumentation Warnings Oil pressure Yes Engine temperature Yes Battery Yes Lights on Yes Key Yes Low fuel Yes Low washer fluid Yes Door ajar Yes Trunk/liftgate ajar Yes Service interval Yes Brake fluid Yes Low tire pressure Tire specific Instrumentation Displays Clock In-radio display Systems monitor Yes Redundant digital speedometer Yes Camera(s) - rear With washer Instrumentation Feature Trip computer Yes Trip odometer Yes Steering Wheel Type Material Urethane Tilting Manual Telescoping Manual Front Side Windows Window 1st row activation Power Windows Rear Side 2nd row activation Power 3rd row activation Fixed Window Features 1-touch down Driver and passenger 1-touch up Driver and passenger Tinted Deep Front Windshield Wiper Variable intermittent Sun visor strip Yes Speed sensitive wipers Yes Rear Windshield Wiper Fixed interval Heating Wiper park Defroster Yes Window Fixed Interior Driver Visor Mirror Yes Passenger Visor Mirror Yes Rear View Mirror Day-night Yes Headliner Coverage Full Material Cloth Floor Trim Coverage Full Covering Vinyl/rubber Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: TERESA WINTER Date: 01/28/2019 9 2020 Police Interceptor Utility, Sport Kendall Ford Fleet 431 Unga St, Anchorage, Alaska , 99501 Utility Office: 907-793-8216 AWD Base(K8A) Price Level: 20 Selected Equipment & Specs (cont'd) Trim Feature Instrument panel insert Metal-look Gear shift knob Urethane Door panel insert Metal-look Interior accents Metal-look Lighting Dome light type Fade Front reading Yes Rear reading Yes Variable IP lighting Yes Overhead Console Storage Storage Yes Type Mini Storage Driver door bin Yes Glove box Locking Passenger door bin Yes Dashboard Yes Cargo Space Trim Floor Carpet Trunk lid/rear cargo door Plastic Cargo Space Feature Tie downs Yes Light Yes Cargo tray/organizer Yes Interior Volume Passenger volume 118.4 cu.ft. Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared by: TERESA WINTER Date: 01/28/2019 10 Sponsored by:Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE FROM ALASKA ENVIRONMENTAL & SAFETY SUPPLY, INC. EMERGENCY EQUIPMENT ON ONE MODEL YEAR 2019 FORD EXPLORER, INCLUDING THE COST TO INSTALL EQUIPMENT FOR AN AMOUNT NOT TO EXCEED $6,100.00, AND APPROPRIATING FUNDS IN THE AMOUNT OF $3,866.56 WHEREAS, the City has requested to purchase a model year 2018 Ford police vehicle; and WHEREAS, the vehicle must be professionally equipped with police emergency equipment; and WHEREAS, Alaska Environmental & Safety Supply, Inc. has equipped other patrol vehicles for the City with good customer service and has given an estimate of $6,100.00for the purchase and installation of new equipment, as well as the reutilization of equipment from the 2007 patrol vehicle being replaced such as: light bar, radio etc.; and the transfer of existing equipment rather than purchase of new equipment results in a cost savings of $13,740. WHEREAS, the Police Department has sufficient funds in the Motor Pool Equipment Account to cover the cost of the equipment and installation. 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 from Alaska Environmental & Safety Supply, Inc. emergency equipment on one model year 2018 Ford Police vehicle, for an amount not to exceed $6,100.00. Section 2. Funding for the cost of the equipment and installation will exceed the 2019 budget for this vehicle by $3,866.56, so the amount of $3,866.56 is hereby appropriated from Motor Pool Fund Retained Earnings account number 03000-000-34000 to equipment account 03000-1210-8103. Section 3.This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this th 11day of March, 2019. Sponsored by:Bridges CITY OF SEWARD, ALASKA RESOLUTION 2019-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE ALASKA PUBLIC EMPLOYEES ASSOCIATION (APEA) RETROACTIVELY EFFECTIVE JANUARY 1, 2019 AND ENDING DECEMBER 31, 2021 WHEREAS, Resolution 2018-024 authorized a union representation election for certain regular employees, identified job positions eligible to vote and provided direction in the result of an affirmative vote; and WHEREAS,an affirmative vote occurred on May 8,2018; and WHEREAS, an executive session was held and direction was given to Administration to negotiate a contract with the Alaska Public Employees Association (APEA); and WHEREAS, a negotiating team consisting of the Interim City Manager, Assistant City Manager, and City Attorney has reached a tentative agreement with the APEA governing the wages and working conditions for eligible employees; and WHEREAS, eligible employees have ten (10) days to opt out of the contract and be subject to the employee provisions established in Title 3 of the Seward City Code; and WHEREAS, employees eligible for union representation that choose to opt out will not be subject to union dues or agency fees; and WHEREAS, the City and APEA agree to the terms and conditions as outlined in the attached contract which expires December 31, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into an agreement with the Alaska Public Employees Association retroactively effective January 1, 2019 and continuing until December 31, 2021. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this th 11day of March, 2019. AGREEMENT COVERING TERMS AND CONDITIONS OF EMPLOYMENT Between THE CITY OF SEWARD Seward, Alaska And SEWARD PUBLIC EMPLOYEES ASSOCIATION (January 1, 2019 December 31, 2022) 507486\\6001\\00788218 TABLE OF CONTENTS ARTICLE1 ................................................................................................................................. 1 PREAMBLE AND PURPOSE ...............................................................................................1 ARTICLE2 ................................................................................................................................. 1 RECOGNITION AND MANAGEMENT RIGHTS ...................................................................1 ARTICLE3 ................................................................................................................................. 3 UNION MEMBERSHIP AND DUES .....................................................................................3 ARTICLE4 ................................................................................................................................. 8 JOB CLASSIFICAITON, JOB DESCRIPTIONS & PAY PLAN ..............................................8 ARTICLE5 ................................................................................................................................10 PERSONNEL ACTIONS .....................................................................................................10 ARTICLE6 ................................................................................................................................14 PROBATIONARY PERIODS ...............................................................................................14 ARTICLE7 ................................................................................................................................16 PERFORMANCE EVALUATIONS & PERSONNEL FILES ..................................................16 ARTICLE8 ................................................................................................................................17 DISCIPLINE AND DISCHARGE ..........................................................................................17 ARTICLE9 ................................................................................................................................20 GRIEVANCE AND ARBITRATION PROCEDURES ............................................................20 ARTICLE10..............................................................................................................................24 SEPARATION/SENIORITY/LAYOFF ..................................................................................24 ARTICLE11..............................................................................................................................27 PAY AND PAYROLL ...........................................................................................................27 ARTICLE12..............................................................................................................................32 HOURS OF WORK .............................................................................................................32 ARTICLE13 ..............................................................................................................................34 HOLIDAYS ..........................................................................................................................34 ARTICLE14..............................................................................................................................35 PAID TIME OFF/LEAVE ......................................................................................................35 ARTICLE15..............................................................................................................................39 WORK RULES ....................................................................................................................39 ARTICLE16..............................................................................................................................42 SAFETY ..............................................................................................................................42 ARTICLE17..............................................................................................................................43 BENEFITS ..........................................................................................................................43 ARTICLE18..............................................................................................................................45 STRIKE/LOCKOUT/WORKSTOPPAGE/PICKET LINE .......................................................45 ARTICLE19..............................................................................................................................45 GENERAL PROVISIONS ....................................................................................................45 SIGNATUREPAGE ..................................................................................................................47 i 507486\\6001\\00788218 ARTICLE 1 PREAMBLE AND PURPOSE This Agreement is made and entered into between the City of Seward, hereinafter referred to as the "City," and the Seward Public Employees Association, referred to as the "Union." The purpose of this Agreement is to set forth the terms and conditions of employment with the City and to promote orderly and peaceful labor relations. The parties recognize that the interests of the community and the job security of the Employees depend upon the City's success in establishing proper and cost-efficient service to the community. To these ends, the City and the Union encourage, to the fullest degree, friendly and cooperative relations between their respective representatives at all levels and among all Employees. The parties also agree that it is their mutual intent to maintain and strengthen the merit principles in the bargaining unit. ARTICLE 2 RECOGNITION AND MANAGEMENT RIGHTS 2.1 The City recognizes the Union as the sole bargaining agent for and exclusive representative of those Employees whose job classifications are set out in Appendix A to this Agreement and have not elected to opt out of representation for collective bargaining with respect to salaries, wages, hours, and other terms and conditions of employment. The City shall not negotiate, confer, or handle grievances with any Employee organization other than the Union or its designee on matters concerning unit members of the Seward Public Employees Association. 2.2 1. This Agreement excludes from the bargaining unit and does not include any Employee who has exercised their right to be governed exclusively by Title 3 of the City Code and the following classifications: Assistant City Manager, Executive Liaison, Finance Director, Deputy Finance Director, Systems Manager, Deputy City Clerk, Accounting Supervisor, Personnel Officer, Planner, Police Chief, Police Lieutenant, Police Executive Assistant, Fire Chief, Deputy Fire Chief, Public Works Director, Street Foreman, Parks and Recreation Director, Park and Campground Operations Supervisor, Library Director, Library and Museum Program Coordinator, Harbormaster, Deputy Harbormaster. 1 507486\\6001\\00788218 2.3 1. The City and the Union now enter into an Agreement reached through collective bargaining which will have the following purposes: a. To promote fair, reasonable, consistent, and safe working conditions; b. To recognize the legitimate, reasonable employment-related interests of the Union to participate through collective bargaining in the determination of the terms and conditions of Employees' employment with the City; c. To promote harmonious relations between the City and the Union; d. To promote individual efficiency in service to the citizens of the City of Seward; e. To avoid any interference with efficient and safe operation of the City of Seward; f. To provide a basis for the adjustment of any matter of mutual interest by means of amicable discussion; g. To contribute to the continuation of good Employee relations and to be in all respects in the best public interest. 2.4 1. The City and the Union shall jointly determine whether any new or reclassified position is to be included/excluded from the Bargaining Unit, subject to Council approval. If the parties agree that the position is properly included within the Bargaining Unit, the personnel records will be so annotated. 2. If the parties do not agree, then the City and the Union shall go to binding arbitration. 2.5 It is recognized that the Employer retains the right, except otherwise expressly provided in this Agreement, to manage the affairs of the City of Seward and to direct its workforce. Such functions of the Employer include, but are not limited to the following: a. Determine the overall mission and purpose of the City; 2 507486\\6001\\00788218 b. Determining the services to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted and the priorities therefor; c. Determine the overall methods, processes, means, job classification and descriptions, work schedules, work assignments, and personnel by which the work of the City is to be conducted; d. Direct, supervise, hire, recruit, select, promote, train, evaluate, transfer within a job classification, assign, and schedule Employees; e. Discipline Employees for just cause; f. Lay off Employees from duties because of lack of work or funds or under conditions where the City determines that continued work would be inefficient or nonproductive; g. Establish reasonable work rules, assign the hours of work, and assign Employees to shifts of its designation, h. Adopt policies, regulations, educational programs, safety programs, and any other measurers, not in conflict with this Agreement, necessary to assure the efficient and effective operations of the City; i. Contract out work if no Employee covered by this Agreement will be laid off or have their hours of work cut; and j. Develop and/or modify job descriptions. 2.6 Contracting Work It is the general policy of the City to continue to utilize its Employees to perform the work they are qualified to perform. However, the City reserves the right to contract out any work it deems necessary, in the interest of efficiency, improved work product, economy, or emergency, as long as no Employee covered by this Agreement will be laid off or have their hours of work cut. ARTICLE 3 UNION MEMBERSHIP AND DUES 3.1 Membership Requirements 1. Upon City Council approval of this Agreement, all eligible Employees shall be allowed ten (10) days to opt out of Union representation and continue 3 507486\\6001\\00788218 to have their employment governed by Chapter 3 of the Seward City Code; newly hired eligible employees shall also be allowed ten (10) days to exercise the same option. Any eligible Employee who is or becomes a member of the Union during the life of this Agreement shall remain a member during the term of the Agreement, except that such individual may withdraw from membership upon serving thirty (30) days written notice to the Union and Employer. Any employee who later decides to join the Union may only opt out during either the thirty (30) calendar day period immediately preceding the annual anniversary date or the scheduled termination date of this Agreement, or the thirty (30) calendar day period immediately preceding the anniversary date of the individual's most recent official Membership Application and Dues Deduction Authorization form(s). No employee may join the Union while subject to an active disciplinary investigation, or has a reasonable belief that a disciplinary investigation is imminent; during the grievance process; or for the purpose of filing a grievance. 2. Within ten (10) working days of hiring a new Employee covered by this Agreement, the City shall notify the Union in writing of the name, address, and job title of the new Employee. The Union shall provide the Employee with a copy of this Agreement. 3.2 Dues/Fees 1. Upon written authorization of an Employee on a form provided by the Union, the City shall deduct from the Employee's pay check the monthly amount of union dues or agency fees and transmit such amount to the Union. a. Membership Dues: Membership dues and fees for Employees who join the Union shall be collected in accordance with the bylaws of the Union. b. Voluntary Agency Fees: Employees covered by this Agreement who choose to become a Voluntary Agency Fee Payer shall have such fees collected in accordance with the bylaws of the Union. 3.3 Payroll Deductions 1. The payment of membership dues or voluntary agency fees shall commence with the first payday of the month after thirty-one (31) calendar days following the initial date of employment. 2. The City shall promptly pay to the Union those authorized membership dues/agency fees deducted from Employee wages each month. Employees, who choose to change their status from membership to a 4 507486\\6001\\00788218 voluntary agency fee payer or to a non-member, may do so after written notice to the Union and the City Administration. Such status change shall become effective immediately based on the date of the written notice. Any adjustments to the deductions shall occur at the next full pay period. 3.4 Union and Employee Responsibility This Agreement is binding for every Employee in the bargaining unit. Each Employee, individually and collectively, accepts full responsibility for carrying out all the provisions of this Agreement. The Union agrees that it shall actively dissuade absenteeism and tardiness, all forms of illegal harassment, and any other practices which may hamper the City's operation. The Union will support the City's efforts to eliminate waste and inefficiency, to improve the quality of work, and to promote harmonious relations between the City and Employees. The Union shall make every effort to see that Employees obey all City workplace policies, procedures, rules, and instructions which are not inconsistent with the terms of this Agreement. 3.5 Union Representatives and Activities 1. The Union may have six (6) Employee Representatives who shall be authorized to handle complaints and grievances arising under this Agreement. The Union shall provide to the City a list of all authorized Employee Representatives. The Union may designate different Employee Representatives at any time within thirty (30) days written notice to the City Administration. 2. An Employee Representative may make reasonable visits within the work area the Employee represents for the purposes of handling specific complaints and grievances arising under this Agreement. The Employee Representative shall first notify and obtain the approval of the Department Head in advance of such visit, advising the Department Head where the Employee Representative shall be and how long the Employee Representative anticipates such visit shall take. The Employee Representative shall arrange such visits to occur at times when they will least impact City operations and the performance of work. Prior to conducting such visit, the Employee Representative shall fill out the appropriate time record recording the time the Representative left the work assignment/area. Upon concluding the visit, the Employee Representative shall promptly notify the Department Head that the visit was concluded and that the Representative has returned to the work assignment/area, at which time the Representative shall record on the appropriate time record that the visit has concluded. All time spent on such visits shall be designated on the time record as Union Leave and deducted from the appropriate Union Leave account. 5 507486\\6001\\00788218 3. The Union may have representatives who are not Employees of the City who also shall be authorized to speak for the Union in all matters governed by this Agreement and shall be permitted to visit any work area for the purpose of administering this Agreement at reasonable times upon advance approval of the City Administration or designee. Such approval will not be unreasonably denied. The Union shall arrange such visits to occur at times when they will least impact City operations and the performance of work. The Union shall provide to the City a list of all such authorized representatives. 4. During working hours, the Employee Representative may handle complaints and grievances arising under this Agreement with the proper City Representative. These visits shall be scheduled, held and accounted for in the same manner and in accordance with the procedures set forth in Section 2 above. Employee Representatives will not leave their work duties during emergency or critical situations. 5. Upon the concurrence of the Department Head and when the normal flow of work will not be unduly disrupted, the Employee Representative will be allowed to confer periodically and for a reasonable length of time with Employer Representatives to work out solutions to problems on matters not deemed critical but which, because of convenience to both management and labor, can be moved toward resolution. These visits shall also be scheduled, held and accounted for in the same manner and in accordance with the procedures set forth in Section 2 above. 3.6 Union Leave and Leave Bank 1. Employees granted Union leave shall be paid for their leave time from the Union Business Leave Bank as set out in Subsection 2 below, so long as there is accumulated leave in the bank. The City shall not be obligated to compensate the Employee Representatives for any time spent on Union leave. The hours spent on Union leave will not be counted as hours worked for purposes of computing overtime. Union leave shall be granted in the following manner: a. No more than six (6) Employee members of the Union negotiating committee shall receive Union leave for all time necessary for the conduct of contract negotiations, including reasonable time for negotiating committee meetings outside of the negotiations themselves. b. Union leave shall be granted for all reasonable time necessary to process grievances, including arbitrations, for grievants, Employee Representatives and elected Union officers who may be involved, and witnesses. 6 507486\\6001\\00788218 c. Employee Representatives shall be granted up to five (5) work days per calendar year of Union leave to attend Union sponsored training. d. Elected Union officers shall be granted a reasonable amount of Union leave for the purpose of conducting Union business. Such time shall not normally exceed four (4) hours per week. e. Union leave will not be unreasonably denied. However, it is understood and agreed that such leave may be denied if the Employee's services are needed by the City. Requests for association business leave will normally be made through the Union President or designee. The Union will endeavor to give as much notice as possible for business leave. 2. Union Business Leave Bank a. There is hereby created a Union Business Leave Bank which shall be administered by the Union with records kept by the Union and the Employer. The Bank shall be established by an automatic transfer each January 16 of two (2) hours of PTO leave from the leave account of each Employee in the bargaining unit. If an Employee does not have two (2) hours of PTO leave as of January 16, the two (2) hours shall be transferred when the Employee has accrued them. The Bank will be used consistent with the terms of this Article. b. The Union may cancel the automatic leave deduction for any year in which enough cash is available for purposes of the Bank. c. The Employer agrees that reasonable effort will be made to release Employees consistent with the terms of this Article. However, the parties recognize that situations may arise that prevent representatives from being released. 3.7 Meeting Space Where there is available meeting space in City owned facilities, such space may be used for meetings by the Union at no cost to the Union with a written reasonable notice to the City. Approval shall not be unreasonably denied. 3.8 Bulletin Board The Union shall have the right to use bulletin board space at mutually agreeable locations for the purposes of posting Union information. The union contract and 7 507486\\6001\\00788218 union calendar shall be placed in all city Employee break rooms and shall be plainly visible. ARTICLE 4 JOB CLASSIFICAITON, JOB DESCRIPTIONS & PAY PLAN It is the obligation of the City to establish and maintain a classification system and a pay plan. The City will conduct a wage study including wages, position classifications and leave. It is the intent to initiate the study within four (4) months of a ratification of the contract. Upon completion of the study, an implementation plan will be negotiated as a reopener to this contract. 4.1 Classification Rights and Duty 1. The City shall have sole authority and duty to establish, decide, determine and designate all occupational classifications it has to offer Employees, including the right to establish new classifications, reclassify, change, consolidate or abolish existing classifications at any time, and to determine job content, duties and responsibilities. The City shall also have the authority to allocate and reallocate positions. 2. The City may establish new classifications and rates for classifications. The City shall notify the Union when any new classification is established. In the event the Union, within five (5) calendar days thereafter, notifies the City in writing that it disagrees with said rate, the matter shall be subject to negotiations between the parties. The rate shall be effective as of the first date Employees were assigned to the classification. 4.2 Job Descriptions The City shall maintain job descriptions which identify essential functions and not inclusive of each and every duty of a position. Job descriptions shall include a statement of qualifications consistent with Section 4.4 below. The City will notify the Union of proposed changes to Job Descriptions which will impact Employees currently employed in the affected position(s) prior to being adopted. 4.3 Duties of Employees An Employee may be required by the City to perform the duties described in the job description for the Employee's class as well as any other duties which the Employee has the skills and qualifications to perform. 8 507486\\6001\\00788218 4.4 Qualifications Statements The qualifications statements in each job description establish minimum requirements that must be met by an individual before consideration for appointment or promotion to a position. Common alternative combinations of education, training or experience are specified in the job description. 4.5 Job Titles 1. Official Job Titles: Each position shall have an official job title which is specified in the classification plan and is used to identify each individual position. The official job title shall be used to designate positions in all budget estimates, payroll documents, and personnel records and reports. 2. Working Job Titles: For all purposes other than those described in Subsection 1 above, any suitable working job title may be used. 3. Position Levels: The job titles are generally indicative of the work of the position and of the level of its importance and responsibility. Where Roman numerals or numbers are affixed at the end of a title to indicate level within an occupation subseries, the higher numbers represent the higher levels. 4.6 Review of Job Classifications and Job Classes 1. The City Manager shall provide for a systematic and periodic review of classes of positions if the City Manager determines, in his or her sole discretion, that duties, responsibilities, and authority have changed substantially, or other conditions, including but not limited to an Employee request for review, warrant such a review. The City Manager shall allow the Union and Employees to provide input into such a review. 2. When an Employee, or the Union acting on the behalf of an Employee, feels that the duties and responsibilities of his/her position are not accurately reflected in the job description, the Employee or the Union will provide a written request in writing to Human Resources to re-analyze the job description. 3. The Union may appeal in writing the findings of the Manager of Human Resources to the City Manager within ten (10) working days. The City Manager will render a decision within thirty (30) working days. 4. The Union may request not more than three (3) studies of significant substance under Subsection 2 above in any twelve (12) month period. No more than one (1) request may be processed for the same class or class series during the term of the Agreement. 9 507486\\6001\\00788218 4.7 Wage Schedule The pay plan shall include the schedule of pay ranges, consisting of minimum, intermediate and maximum rates of pay for all positions. The development of the pay plan shall be directly linked with the classification plan and shall be based on the principle of equal pay for equal work. The City Administration shall be responsible for developing the pay plan and pay schedule. a. Wage schedules are posted in Appendix B. ARTICLE 5 PERSONNEL ACTIONS 5.1 Personnel Actions The City shall have the sole and exclusive right to make appointments, including but not limited to recruiting, examining, selecting, promoting, and transferring Employees of its choosing and to determine the times and methods of such actions. The City retains the right to fill any position from outside the bargaining unit, although the City recognizes the benefits of selecting a qualified Employee covered by this Agreement who has applied for a vacancy. All personnel actions shall be documented. 5.2 Definitions a) "Appointing authority" means the City Manager, except that the City Clerk shall be the appointing authority for all positions in the City Clerk Department. b) "Department Head" means each of the following: the Finance Director, the Manager of Engineering and Construction, the Manager of Electric Utility, the Public Works Director, the Harbormaster, the Chief of Police, the Fire Chief, the Director of Parks and Recreation, and the Librarian. c) "Personnel officer" means the Director of the Personnel Department or his/her designee. d) "Exempt employee" means an employee whose position is classified under the Fair Labor Standards Act (FLSA) as an executive, professional, or administrative position. These positions are not subject to overtime compensation. e) "Regular employee" means an employee in a regular position, full-time or part-time, who has successfully completed all probationary periods and is not a temporary, seasonal, on-call, or emergency employee. 10 507486\\6001\\00788218 f) "Regular position" means a position which is expected to exist for more than nine (9) months. g)- hours per week. h)-time employee" means an employee who regularly works less than 40 hours per week. i) "Probationary employee" means an employee who has not yet completed the probationary period imposed (reference the article not the code). 5.3 Job Announcements 1. The City shall post all bargaining unit position job openings, whether newly created or vacant, at mutually agreeable locations in each department for a period of seven (7) calendar days prior to the expiration date for submission of applications. The posting timeframe may be shortened when required by circumstances beyond the City's control or where necessary to ensure the continuity of City operations. 2. All qualified bargaining unit members who hold regular status and submit an application for a posted vacancy will be considered for any job vacancy covered by this Agreement along with any other applicants. 3. Qualified Employees covered by this Agreement who apply for any vacancy shall be granted an interview for the position. The City acknowledges the value of current Employees and agrees to give Employees who interview for a vacant position full and fair consideration. 5.4 Types of Appointments 1. Emergency Appointment: The appointing authority may authorize emergency appointments not to exceed thirty (30) calendar days without recourse to usual certification procedures. Such appointments shall be made only in cases of an unforeseen emergency and when necessary to prevent impairment to City services. Emergency appointments are not entitled to any benefits. 2.On-call Appointment: Employees may be hired on an on-call basis upon the recommendation of the Department Head and approval of the City Manager. On-call appointments may be for an indefinite duration. 11 507486\\6001\\00788218 3. Probationary Appointment: All appointments to positions in City service, including new hires, rehires, demotions for disciplinary reasons, and promotions shall be on a probationary basis. 4. Regular Appointment: A regular appointment occurs after an Employee has satisfactorily completed a probationary appointment to the position. 5. Temporary Appointment/Seasonal Appointments: a. Temporary appointments shall not exceed nine (9) consecutive months. No temporary employee shall work more than nine (9) months in a calendar year. b. Seasonal Appointment: Seasonal appointments shall be made on a seasonal basis with the expectation that the Employee will return to their position consistent with the City's needs, although the hiring will be temporary pursuant to Section 3.25.040(a). No Employee shall have the absolute right to continue employment in any particular position. c. Employees hired on a temporary or seasonal basis with prior City work status may be given preference for re-employment for the same position on the recommendation of the Department Head and approval of the City Manager. Job announcements for temporary or season positions shall contain notice that persons with priority City work status may be accorded preference for re-employment. 6. Term Appointments: The appointing authority, or a Department Head with the approval of the City Manager, may appoint term employees. A term employee is an employee in a position, full or part-time, that is designed for a specified period of time of more than nine (9) months and less than two (2) years for a specific purpose or project. A person hired for a term appointment shall be hired under the same provisions and have the same benefits as a regular employee, except that a term employee appointed to a position of less than one year shall not accumulate annual leave or be authorized military or education leave. However, annual leave shall be credited retroactive to the date of term appointment if a term employee is appointed as a regular employee without a break in service as an Employee of the City. 7. Acting Appointment / Temporary Assignment: a. An acting appointment is made when a qualified Employee may be required to serve temporarily in a higher-level position. 12 507486\\6001\\00788218 b. An acting appointment gives the Employee no advantage in competition for regular filling of this position. However, time in an acting appointment may be counted toward experience for the class of position concerned at the discretion of the City Administration. c. Employees filling an acting assignment shall not be asked or allowed to do jobs or tasks that they are not adequately trained or licensed to do. An Employee who obtains an acting appointment shall not always be required to perform all the duties and responsibilities assigned to the incumbent. The duties and responsibilities that are assigned to the Employee who has obtained the acting appointment shall be determined by the City Administration. d. When an Employee is temporarily assigned to a position with a higher pay range for a period of at least three (3) consecutive days but less than thirty (30) days, they shall be compensated above their base rate by ten percent (10%). If an Employee's base rate is the maximum of the pay range, they shall be compensated above the maximum pay step by ten percent (10%). If the assignment is for a period of thirty (30) calendar days or more, they shall be paid at the first step of the higher pay range or they shall be given a ten percent (10%) increase as provided in the preceding sentence, whichever is higher, for the full period worked in the temporary assignment. An Employee who is temporarily assigned to a position with a lower pay range for any period shall not receive a reduction in pay. An Employee acting in an exempt position will still receive their hourly rate plus ten percent (10%) and will be paid for overtime at time and a half. 5.5 Promotion A promotion is the filling of a vacancy by the advancement of an Employee from a position having a lower pay range. Promotions shall be based upon qualifications. All promotions shall be advertised for seven (7) days to all City Employees. All qualified City Employees shall be allowed to apply and complete the interview process before the position is posted to the public. 5.6 Transfers 1. A transfer is the lateral movement from one bargaining unit position to another position in the same or a parallel class in the same pay range without any break in service. The transfer may be within a department, or from one department to another. An Employee must meet the minimum qualifications for the position the Employee transfers to. 13 507486\\6001\\00788218 2. Voluntary Employee Requested Transfer: An Employee may request a transfer within or between departments by submitting the request in writing to the City Administrators. The request must include a current job application providing evidence of qualification for the requested position. Upon approval of the City Administration, or designee, and before completion of any transfer, the Employee shall be notified in writing of any change in status, including pay step, anniversary date, length of service, and requirement for serving a probationary period. 3. Reasonable Accommodation: A transfer may be offered to a qualified Employee with a disability under the Americans with Disabilities Act. Failure to accept an offered transfer in this situation may result in administrative separation if the Employee is unable to perform the essential functions of his/her current position without accommodation and if the Employer can demonstrate that an accommodation would impose an undue hardship. ARTICLE 6 PROBATIONARY PERIODS 6.1 Newly Hired Positions 1. The probationary period for full time positions is one hundred and eighty (180) calendar days. 2. The probationary period for part-time positions is five hundred and twenty (520) hours of consecutive service. 3. Probationary appointments entitle a newly-hired Employee to the same benefits available to an Employee who has obtained a regular appointment, subject to the conditions of the benefit plans, and unless otherwise specified in this Agreement. 4. The Employee shall acquire regular status on the first working day following completion of the probationary period, unless action is taken to separate the Employee or to extend the probationary period in writing prior to the end of the probationary appointment. The probationary period may be extended for a period of time not to exceed three (3) months. Such an extension does not affect or change the initial hire anniversary date with the City for the Employee. 5. Sworn officers of the police department. Sworn officers of the police department are required to serve the probationary period established by the Alaska Police Standards Council in addition to the probationary period established by the city. These periods shall run simultaneously. 14 507486\\6001\\00788218 6.2 Probationary Period after Promotion 1. Regular Employees who are promoted shall serve a new probationary period of six (6) months in the new position. An Employee who holds regular status in any position and who subsequently accepts a promotion to a new position retains return rights to return to the last position in which Employee held regular status if a vacancy exists. The Employee may exercise these rights voluntarily at any time prior to completion of probation in the new position or upon notification that Employee has failed to satisfactorily complete probation in the new position. Return rights do not apply to an Employee disciplined for just cause. 2. Unless the continuity of City services is at risk as identified in Subsection 1, the promoted Employee's previous position will not be filled for fourteen (14) days in order for the newly-promoted Employee and the City to determine if the promotion is a proper fit. Either the Employee or the City can invoke return rights to the Employee's previous position during this time for any reason or no reason. 3. A promoted Employee who returns to a previous position, regardless of the reason, will be returned to the range and step the Employee held prior to promotion. 4. Employees who promote or transfer out of the bargaining unit have no rights to return to their former bargaining unit position. 5. Promotional probationary employee means an employee who has not successfully completed a probationary period. 6.3 Probationary Period after Demotion When a Regular Employee is demoted for a non-disciplinary reason to a position in a job classification where the Employee had previously completed a probationary period, no probationary period shall be served. When a regular Employee demotes into a position that the Employee has not previously held regular status, the Employee shall be placed on a six (6) month probationary period. 6.4 Discipline or Separation During Probationary Period At any time during the probationary period, a newly hired Employee serves "at will" and may be disciplined or discharged for any reason or no reason. Just cause is not required for any form of discipline or separation during the probationary period under these circumstances. 15 507486\\6001\\00788218 ARTICLE 7 PERFORMANCE EVALUATIONS & PERSONNEL FILES 7.1 Performance Evaluations The primary purpose of the Employee performance evaluation program is to inform Employees how well they are performing and to offer constructive criticism on how they can improve their work performance. Performance evaluation shall also be considered in decisions affecting salary advancement, promotions, reassignments, dismissal, and training needs. 7.2 Periods of Evaluations 1. End of Probationary Period: Each Employee shall be evaluated approximately ten (10) days prior to the completion of his or her probationary period. 2. Annual: Each Employee shall receive an annual performance evaluation on or near his or her anniversary date of their current position. 3. Special: A special performance evaluation may be completed when there is a significant change either upward or downward in the Employee's performance. 7.3 The Evaluation Process 1. Rating Officer: The rating officer shall be the Employee's immediate supervisor. The rating officer shall be responsible for completing a performance evaluation on the form provided and approved by the City. In the case of unsatisfactory performance, the rating officer will include written comments as to the remedial actions required by the Employee. The completed evaluation shall be discussed with the Employee, and the Employee will be allowed to add comments if desired. After the discussion is completed, both the rating officer and the Employee shall sign the completed evaluation form. 2. Reviewing Officer: The reviewing officer shall be the rating officer's immediate supervisor. The reviewing officer shall review the performance evaluation completed by each rating officer under their jurisdiction before the report is discussed with the Employee. The reviewing officer shall consider the performance evaluation completed by the rating officer when evaluating the rating officer's performance. 3. The Employee shall be allowed five (5) calendar days to prepare written comments which will become part of the evaluation. No further comments or changes may be made on the form by management after it has been 16 507486\\6001\\00788218 submitted to the Employee for final signature. The original performance evaluation shall be filed in the Employee's personnel file with a copy of the final document provided to the Employee. 4. Employees who receive an overall rating of "unsatisfactory" on their annual evaluation shall not be eligible to receive a step increase. Any unsatisfactory performance evaluation will require review and concurrence by the City Manager. 5. When an annual evaluation is not completed and discussed with the Employee within thirty (30) days following the Employee's anniversary date in a position, it is assumed the Employee is meeting performance expectations, unless shown otherwise by substantial evidence. 7.4 Personnel Files 1. The City shall maintain a confidential personnel file for each Employee in the Human Resources office. No confidential or protected information will be maintained by any individual City department unless specifically identified within this Agreement or required by law. 2. An Employee shall have access to their personnel file in a reasonable period of time following notice to the Human Resources office. Employees shall also be provided a copy of the Employee's personnel file, or any parts thereof, within a reasonable period of time following the Employee's request for a copy. 3. The Union, or any other third party, shall have access to an Employee's personnel file only upon written authorization by the Employee specifying what files or documents the Union or third party may review. 4. Nothing in this Section precludes the City from releasing an Employee's personnel file as required by law or a court order. ARTICLE 8 DISCIPLINE AND DISCHARGE 8.1 General Policy 1. All Employees shall be informed of standards of performance and personal conduct of City Employees in various positions. All City Employees shall have in their possession a copy of an up-to-date personnel regulations manual. 2. All disciplinary actions shall be documented in writing and presented to the Employee and placed in the Employee's personnel file. The letter shall be 17 507486\\6001\\00788218 reviewed with the Employee and sincere efforts shall be made to obtain agreement with the Employee that facts are stated correctly, that the inappropriate or incorrect behavior did occur, that it represents behavior that should be disciplined, that the discipline is appropriate and that the behavior shall not be repeated. If agreed errors are found, the letter shall be revised and again reviewed. Comments of the Employee shall be entered under the appropriate heading. 8.2 Disciplinary Action Procedure 1. Regular Employees: The City shall notify SPEA Employees of meetings to be held that may result in discipline in writing. The notification shall include the purpose of the meeting, the date, time and place that the meeting will be held, and that the Employee has the right to request Union representation. Also, the notification will allow adequate time to arrange for appropriate representation to be secured if the Employee so desires. No regular (non-probationary) Employee shall be disciplined without just cause. The City will follow the principle of progressive discipline at the appropriate steps and as applicable. Progressive discipline steps may include but are not limited to: a. oral reprimand (memorialized in writing); b. written reprimand; c. suspension without pay; d. demotion; or e. dismissal. 2. Probationary Employees: At any time during the probationary period, a new or rehired Employee may be disciplined or discharged for any reason or no reason. Just cause is not required for any form of discipline or separation during the probationary period. 3. Mitigating circumstances may be considered when evaluating a just cause disciplinary situation, to include the Employee's past performance, length of service, and existence of past discipline. 4. A Bargaining Unit Member will have the right to examine his or her personnel files. Reasonable requests for copies of material contained in personnel files will be honored. Upon written request to the City Administration, disciplinary material may be removed after two (2) years. In the event the requested material is not removed, the bargaining unit 18 507486\\6001\\00788218 member will be informed of the reasons why and the conditions necessary for its removal. 8.3 Right to Union Representative During Investigative Interview Employees will be entitled to their Weingarten rights when answering questions asked by their supervisor or by a City representative, when they believe their response to the question(s) could lead to their being disciplined or terminated or adversely affect their personal working conditions. Employees shall be given twenty-four (24) working hours' notice of a disciplinary interview, so they can arrange to have their Union representative present. 8.4 Just Cause 1. "Just cause" means that justification exists for a proposed disciplinary action. "Just cause" includes, but is not limited to, the following: a. Insubordination, including failure to comply with a supervisor's instruction and work assignment; b. Dishonesty, either verbally, in writing, or in action, including but not limited to falsification of employment application or other City documents and time sheets; c. Violation of Section 3.70 of the Seward City Code standards relating to drugs and alcohol, d. Failure to comply with safety regulations; e. Fighting or other disorderly conduct on City premises or while on City business; f. Stealing of or unauthorized use of City tools, equipment, or property; g. Recurring absenteeism, tardiness, or leaving the worksite early; h. Conviction of a crime which damages the image or reputation of the City or conviction of a crime which impairs or compromises the Employee's credibility, eligibility, or fitness for work; i. Inefficiency, including waste of working time or materials; j. Failure to conduct oneself on duty in a cooperative manner; 19 507486\\6001\\00788218 k. Exhibiting on duty conduct or behaviors which interfere with the Employee's performance or the City's business, operations, or image; l. Willful violation of any personnel regulations; m. Violations of applicable state or City laws and regulations concerning ethics and conflicts of interest; n. Any act or omission which had or will have a material adverse effect on the business, operations, or financial condition of the City; o. Harassment of other Employees or the public; p. Loss of necessary license or required certification for the position. q. Any other conduct identified in the Seward City Code as grounds for discipline or dismissal from employment; or r. Any other conduct commonly recognized by reasonable persons as justification for discipline, including dismissal. 8.5 Garrity Rights for Licensed Personnel of Police Department Upon a determination by the Police Chief, or designee, that immunity from criminal prosecution is appropriate during an internal investigation, uniformed personnel of the Police Department shall be accorded protections provided in Garrity v. New Jersey, which requires, among other things, warnings concerning right to counsel and use of statements made in the course of investigatory interviews. ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURES 9.1 Definition of Grievance A grievance is a dispute involving the interpretation, application, or alleged violation of any provision of this Agreement. It is the mutual intent of both parties to resolve any differences at the lowest level. All Employees shall be encouraged to bring any disagreements to their immediate supervisor initially to resolve such problems through informal and free communication before the formal grievance procedure begins. 20 507486\\6001\\00788218 9.2 Procedural Steps 1. All grievances presented at Step 2 of this Article and beyond shall set forth: the facts giving rise to the grievance; the provision(s) of the Agreement alleged to have been violated; the names of the aggrieved Employee(s); and the remedy sought. All grievances at Step 2 and beyond shall be signed and dated by the aggrieved Employee and/or Union representative. All written answers submitted by the City shall be signed and dated by the appropriate City representative. 2. Grievances involving a disciplinary suspension, or a termination of employment, must be entered into the formal grievance procedure at the Step 2 level. a. Step 1: The aggrieved Employee or group of Employees shall present the grievance orally to the immediate supervisor within ten (10) working days of its occurrence, not including the day of the occurrence. Pre-grievance discussion will not extend the ten (10) day period. The supervisor shall give an oral reply within five (5) working days of the date of presentation of the grievance, not including the date of presentation. b. Step 2: Written Grievance to Department Head. The Employee, through the Union, no later than fifteen (15) working days after the event giving rise to the grievance, or fifteen (15) working days after the Employee or Union should reasonably have learned of the event giving rise to the grievance, whichever is later, must submit a written grievance to the Department Head. The Department Head shall give Employee written answer to the grievance within fifteen (15) working days after receipt of the grievance. c. Step 3: Written Appeal to the City Administration. A grievance appealing a dismissal of a grievance, or a grievance not settled at Step 2 shall be filed at Step 3. The Employee, through the Union, no later than fifteen (15) working days after a dismissal or the receipt of the Department Head's written answer at Step 2 may file a written appeal of that answer to the City Administration. No later than fifteen (15) working days after receipt of the written appeal, the City Administration, or designee, shall meet with the Employee and the Union representative. The City Administration, or designee, shall give Employee written answer to the grievance within fifteen (15) working days after such meeting, which answer shall be final and binding on the Employee, the Union, and the City, unless it is timely appealed to arbitration by the Union in accordance with the procedures set forth in Section 9.5 of this Article. 21 507486\\6001\\00788218 d. Step 4: Appeal to Arbitration per Section 9.5. 9.3 Time Limitations 1. If the grievance procedures are not initiated within the established time limits, the Employee shall be considered as having waived his/her right to grieve the particular violation or complaint. 2. Any grievance not taken to the next step of the grievance procedure within the established time limits shall be considered settled based on the last reply made. 3. If the City fails to meet or answer any grievance within the established time limits, such grievance shall automatically advance to the next step. 4. If the grievance hearing before the appeal board under Step 4 of the grievance procedure is not held within ninety (90) days from the date of the hearing request, the grievance shall be considered abandoned and the matter shall end, except if failure to hold the hearing is caused by the City's refusal to meet at any time during that period, it shall be deemed that the City has considered the grievance to be in favor of the grievant and shall resolve the matter accordingly. 5. The time limitations set forth in this Article are of the essence of this Agreement. No grievance shall be valid unless it is submitted or appealed within the time limits set forth in this Article. If the grievance is not timely submitted at Step 1 or Step 2, it shall be deemed waived. If the grievance is not timely appealed to Step 2 or beyond, it shall be deemed to have been settled in accordance with the City's Step 2 answer. If the City fails without reasonable cause to request an extension or otherwise communicate with the aggrieved party within the time limits or in the manner set forth in this Article, the Union shall be granted the remedy requested. Any default remedy cannot be used as precedent against the City if a similar situation arises in the future. 9.4 Extension of Time Limits The established time limits may be extended by mutual consent of the parties involved. Likewise, any step in the grievance procedure may be eliminated by mutual consent. Mutual consent shall be indicated in writing and shall be signed by all parties. 9.5 Appeal to Arbitration Any grievance, as defined in Section 9.1 of this Article, that has been properly and timely processed through the grievance procedure set forth in Sections 9.2 22 507486\\6001\\00788218 through 9.4 of this Article and that has not been settled at the conclusion thereof, may be appealed to arbitration by the Union by serving the City with written notice of its intent to appeal. The failure to appeal a grievance to arbitration in accordance with Section 9.6 within fifteen (15) working days after receipt of the written answer of the City at Step 3 of the grievance procedure set forth in Section 9.2 of this Article shall constitute a waiver of the Union's right to appeal to arbitration, and the written answer of the City at Step 3 of the grievance procedure shall be final and binding on the aggrieved Employee, the City, and the Union. 9.6 Selection of Arbitrator Unless otherwise agreed, no later than fifteen (15) working days after the Union serves the City with written notice of intent to appeal a grievance to arbitration, the City and the Union shall jointly request the Federal Mediation and Conciliation Service (FMCS) to furnish to the City and the Union a list of seven (7) qualified and impartial arbitrators. After receipt of that list, the City and the Union shall alternatingly strike names from the list until only one (1) name remains (the order of striking to be determined by the toss of a coin flipped by the Union Representative and called by the City). The arbitrator whose name remains shall hear the grievance 9.7 Arbitrator's Jurisdiction The jurisdiction and authority of the arbitrator and his or her opinion and award shall be confined exclusively to the interpretation and/or application of the express provision(s) of this Agreement at issue between the Union and the City. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement. The arbitrator shall not hear or decide more than one (1) grievance without the consent of the City. The written award of the arbitrator of any grievance adjudicated within his or her jurisdiction and authority shall be final and binding on the aggrieved Employee, the Union, and the City. 9.8 Fees and Expenses of Arbitration The losing party as determined by the arbitrator shall bear the fee of the arbitrator; if, in the opinion of the arbitrator, neither party can be considered the losing party, then such fees should be apportioned as determined by the arbitrator. 9.9 Extension of Time Frames Time frames for the grievance/arbitration process may be extended only by mutual agreement of the Union and the City. 23 507486\\6001\\00788218 9.10 Delivery of Grievances and Responses 1. When a written grievance or response is delivered by mail, it shall be sent return receipt requested to the respondent or to the person filing the grievance. When a written grievance or response is hand-delivered, the respondent or the person filing the grievance shall acknowledge receipt in writing of the grievance or response. When a written grievance or response is delivered by electronic communication, a hard copy shall be delivered by mail. Copies of all written responses to grievances at any step shall be sent to the APEA/AFT Field Office in Anchorage. 2. For the purposes of the time frames in this Article, a grievance or response delivered by mail or electronic communication shall be considered submitted on the date of mailing or date of electronic communication, but the time for response or for filing the next step shall not begin to run until the day after actual receipt. A hand-delivered grievance or response shall be considered submitted on the date of delivery, and the time for response or for filing the next step begins to run on the day after that date. If the last day of a time period falls on a Saturday, Sunday, or holiday, the period will be extended until the next business day. 9.11 Sole and Exclusive Nature of Grievance Procedure The grievance procedures of this Agreement are the sole and exclusive remedies of the Employees of the City of Seward alleging violations of this Agreement and/or any disciplinary actions or complaints. ARTICLE 10 SEPARATION/SENIORITY/LAYOFF 10.1 Actions That Constitute Separation from City Service An Employee shall be separated from City service upon the occurrence of any of the following, including but not limited to, resignation, medical separation, retirement, dismissal for cause, release during probationary period, job abandonment, or layoff. 10.2 Resignations 1. Notice of Resignation: An Employee who desires to resign in good standing shall give at least fourteen (14) calendar days' written notice to their immediate supervisor. Members of the Police and Fire Departments must provide at least thirty (30) calendar days' advance written notice. The period of notice may be reduced or waived by the City upon recommendation of the Department Head. A notice of resignation shall 24 507486\\6001\\00788218 become part of the personnel file. Employees who resign or are terminated shall be paid in accordance with state and federal law. 2. Withdrawal of Resignation: An Employee may withdraw his or her resignation prior to the effective date stated in the notice of resignation only with the written approval of the Department Head and the City Administration. 3. Failure to Give Adequate Notice: Failure to give adequate notice shall be noted on the Employee's separation documents and shall constitute a factor in consideration of any future application for employment with the City. 4. Effective Date of Resignation: The effective date of resignation pursuant to a notice of resignation shall be the last day on which the Employee works. 10.3 Medical Separation An Employee who is unable to return to work following approved medical leave, with or without pay, shall be separated in good standing from City of Seward employment. Depending on the type of injury or illness, and whether it happened on or off the job, the Employee may be able to take part in either the Long-Term Disability Program with the City of Seward health benefit plan or the Long-Term Disability Plan under the retirement system. Employees are responsible to make themselves aware of the particular requirements in both Long-Term Disability plans and should contact the City if further information is required, beyond what is provided in the plan documents. 10.4 Dismissal for Just Cause 1. The City Manager or Department Head, upon approval of the City Manager, may dismiss a regular Employee for just cause, as stated in Article 8, Section 8.4. 2. The appropriate steps of progressive discipline shall be followed. 10.5 Seniority 1. Seniority means the total length of service and continuous employment with the Employer in positions covered by this Agreement. Employees shall not accumulate seniority during their probationary period. After an Employee has completed their probationary period and has been granted regular status, their seniority shall be dated from the date of their employment. Leave without pay shall not be used in the calculation of seniority. 25 507486\\6001\\00788218 2. The Seniority of an Employee shall terminate under any of the following conditions: a. When laid off for a period of twenty-four (24) consecutive months; b. When an Employee resigns from employment with the Employer; c. When an Employee is discharged for just cause; or d. When an Employee who is temporarily laid off fails to return to work within fourteen (14) calendar days after written notice by certified mail to the Employee's last known address (or delivered to the Employee personally) requesting such return and, if such Employee fails to notify the City of the Employee's intention to return to work within forty-eight (48) hours after receiving such notification or arrange for a mutually agreeable return date. 3. When any layoffs are made within a department, it shall be pursuant SCC 3.55.010. Employee efficiency shall be the major factor in determining the order in which Employees shall be released, and consideration shall then be given to Employee's length of service with the City. Advisability of reassigning Employees in higher classes to lower classes for which they are qualified and laying off those in lower classes shall also be considered. There will be no discrimination based on union membership or lack thereof. 10.6 Layoffs 1. The decision to lay off Employees shall be made solely by the City and shall not reflect discredit upon the services of the Employee. 2. Notice Requirements: a. An Employee shall be given at least thirty (30) calendar days advance notice of a layoff. b. The Union shall be notified in writing of any proposed layoff concurrently with the Employee. The Union and City agree to discuss alternatives to the proposed layoff prior to the effective date of the layoff and to negotiate the effects of any layoff if so requested by the other party. 3. The City shall not lay off an Employee and reclassify their former position with the intention of filling the position with a temporary hire. 4. Layoffs may occur for any of the following reasons: 26 507486\\6001\\00788218 a. a reduction in force because of a shortage or reduction of work or funds; b. the abolition of a position; c. change in departmental organization; d. termination of a grant; or e. any other legitimate business reason not inconsistent with the terms of this Agreement. 5. A regular Employee may be offered a vacant position for which the Employee is qualified in lieu of layoff. The Employee will be subject to the same qualifications review as any new Employee to determine an appropriate wage. 6. A regular Employee retains the right to be recalled to a vacant position in the same or similar job class, in the same or different department that the Employee previously was regularly employed, for one (1) year after the layoff so long as the Employee has indicated that the Employee is qualified and interested and available to return to work. 7. Regular or probationary Employees shall not be laid off while casual/temporary Employees are in a position in the same department for which the regular or probationary Employees meet the minimum qualifications. 10.7 Dismissal Notice or Severance Pay In the case where a regular Employee who has completed a probationary period is laid off or dismissed, the City shall give the Employee thirty (30) days' notice or severance pay not to exceed four (4) weeks. 10.8 Separation Paperwork On or before the Employee's last day of work, the Employee shall complete all separation paperwork and return all City property as required by the City. ARTICLE 11 PAY AND PAYROLL The pay plan shall include the schedule of pay ranges, consisting of minimum, intermediate and maximum rates of pay for all positions. The development of the pay plan shall be directly linked with the classification plan and shall be based on the 27 507486\\6001\\00788218 principle of equal pay for equal work. The City Administration shall be responsible for developing the pay plan and pay schedule. 11.1 Wage Schedule and Pay Rates 1. Wage schedules are posted in Appendix B. 2. The 2018-2019 Salary Schedule shall be the basis for bargaining unit pay. The Salary Schedule for the first year of the Collective Bargaining Agreement shall include the 2.1% Cost of Living Adjustment (COLA), previously approved by Seward City Council. The Salary Schedule for the 2nd and the 3rd years of the Collective Bargaining Agreement shall increase by the same percentage as the City Council may authorize as a cost of living adjustment for Title 3 employees if the wage, classification and leave study is not completed. Upon completion of the wage, classification and leave study, this provision shall be subject to re-opening. 3. Regular rate of pay means the hourly rate of pay actually paid an Employee for normal, non-overtime work week for which he/she is employed. 11.2 Starting Rate on Initial Employment All newly hired Employee's shall begin at Step A within the stated range for their position, unless a higher Step is approved, in advance of the offer, by the Human Resources Administration, the Department Administration and the City Administration using a City approved wage matrix. Before a higher step may even be considered, the applicant must demonstrate experience and/or education beyond the minimum required for the position as specified in the position description. 11.3 Rate of Pay on Promotion When an Employee is promoted from one position to another having a higher pay range, the Employee shall receive an increase of not less than one pay step. If the Employee's current rate of pay is below the minimum rate of the new position, the pay shall be increased to the minimum step of the new position. If the Employee's current rate of pay falls within the range of the new position, the pay shall be adjusted to the next higher pay step in the range for the new position which is at least equal to one step increase above his/her current pay rate. 11.4 Rate of Pay for a Reclassification of a Position In any case where a position is reclassified, the pay step of the Employee occupying the position shall be that step in the new range which will provide the Employee with initial compensation at least equal to the step held in the old 28 507486\\6001\\00788218 range. Anniversary date remains unchanged and no additional probationary period shall be required beyond that required of the position that is reclassified if the essential functions are the same between the old and new classification. In the event the reclassification results in a pay decrease, the Employee's rate of pay shall be frozen. 11.5 Upward or Downward Range Change of a Job Class In the case of a proposed increase or decrease in the pay range for a class of positions, the parties agree to meet and negotiate the appropriate range placements. 11.6 Promotion Following Demotion in Lieu of Layoff If within one (1) year following a demotion in lieu of layoff, an Employee is reassigned back to a position in the former job classification the Employee was in at the time of Layoff, the Employee shall be placed at the same range and step the Employee was paid at prior to the demotion in lieu of layoff. 11.7 Transfers When an Employee is assigned to a new position in the same class for which the Employee is qualified, the Employee shall be transferred at the step the Employee was receiving, and no probationary period shall be served. The Employee's anniversary date shall remain the same as in the former position. 11.8 Demotion When an Employee is demoted, the Employee's pay step shall be that step which is determined by the Department Head and approved in advance by the City Administration. 11.9 Completion of Probation Upon satisfactory completion of the probationary period after initial appointment, the entrance salary of the Employee shall be advanced one step. An Employee will not receive a probationary increase if the Employee was hired at Step B or above initially. 11.10 Annual Step Increase 1. Employees who receive a performance evaluation of average or good to excellent shall receive an annual step increase if budgeted by Seward City Council. 29 507486\\6001\\00788218 2. A new Employee, after serving a six-month probationary period of satisfactory performance, shall receive a step increase. An Employee who has transferred to a new position and who must serve a promotional probationary period shall receive a probationary step increase upon successful completion of the promotional probationary period. A probationary step increase is a special, one time only, step increase. For an Employee to receive further step increases up to step J, he/she must continue to demonstrate satisfactory service of a progressively greater value. Step increases are not automatically based upon longevity and are awarded only where the Department Head feels the Employee has demonstrated service of a progressively greater value, progressively greater responsibility, and performed beyond what normally would be expected for the City during the past year. Satisfactory performance alone shall not be grounds for a step increase. 3. Anniversary date is the date that an Employee assumes regular status after the successful completion of a probationary period. This date does not change regardless of other personnel transactions, promotions, demotions or transfer that may occur during the course of an Employee's service with the City, except for a period of leave without pay as outlined in 3.01.035 (a). 11.11 Acting Appointments When any Employee is temporarily assigned to a position with a higher pay range for a period of at least three (3) consecutive days but less than thirty (30) days, he/she shall be compensated above his/her base rate by ten percent (10%). If an Employee's base rate is the maximum of the pay range, he/she shall be compensated above the maximum pay step by ten percent (10%). If the assignment is for a period of thirty (30) calendar days or more, he/she shall be paid at the first step of the higher pay range or he/she shall be given a ten percent (10%) increase as provided in the preceding sentence, whichever is higher, for the full period worked in the temporary assignment. An Employee who is temporarily assigned to a position with a lower pay range for any period shall not receive a reduction in pay. An Employee acting in an exempt position will still receive his or her hourly rate plus ten percent (10%) and will be paid for overtime at time and a half. 11.12 Field Training/School Resource Officer Police Officers assigned Field Training Officer (FTO) and School Resource Officer (SRO) duties shall receive a pay differential of two and one-half percent (2.5%) for each hour so worked as an FTO or SRO. Individuals lacking documentation of attendance at a formalized FTO training program are not eligible for FTO pay. 30 507486\\6001\\00788218 11.13 Overtime 1. All overtime work by a non-exempt Employee must have the prior written approval of the Department Head. The Department Head shall review the record and certify overtime approved for payment. 2. Non-exempt Employees shall be paid at one and one-half (1.5) times their regular rate of pay for all hours actually worked in excess of their regularly scheduled shift or forty (40) hour consecutive hours without having at least one day off. 11.14 Call-Out Pay Employees shall receive overtime pay if their normal shift has been completed and after returning home they are "called out" to perform additional work by their supervisor or if the Employee's supervisor requires the Employee to report before Employee's normal shift is scheduled to begin. This "call out pay" shall have a two (2) hour minimum. Supervisors called off duty for questions from subordinates shall be paid in 15- minute increments of overtime. 11.15 Stand-By Pay Only Department Heads are authorized to create a stand-by schedule. Employees that are placed on a schedule and must remain available for work after regular scheduled hours shall be designated as Stand-By and receive one (1) hour of overtime at his or her regular rate of pay with a two (2) hour minimum for a call-out. Employees receiving stand-by pay must answer any incoming calls and be able to respond within thirty (30) minutes of the call being placed. 11.16 Stand-By Pay for Police Officers An Officer will be placed on a schedule and designated as on call, subject to Stand-By Pay 11.15, on Fridays and Saturdays nights when only one officer is assigned to work a shift. 11.17 Shift Differential Shift differential compensation applies to all Employees of those departments which schedule work twenty-four (24) hours per day who are not exempt from the overtime requirements of the Federal Fair Labor Standards Act on the following bases: 31 507486\\6001\\00788218 a. Swing shift: The Employee who is assigned to swing shifts shall receive two and one-half percent (2.5%) additional pay to his/her current salary for the period he/she serves on swing shift. b. Graveyard shift: The Employee who is assigned to graveyard shifts shall receive five percent (5%) additional pay to his/her current salary for the period he/she serves on graveyard shift. 11.18 Payroll and Pay Periods 1. Nothing in this Agreement shall prohibit retroactive pay approved by the City Council or required because of administrative oversight or error as determined by the City Administration. Personnel action implementing any change in status or pay shall be effective upon approval of the City Administration provided such changes are received by the Payroll Office at least ten (10) working days prior to the effective date. 2. The payroll period shall consist of the period from midnight Saturday to the following midnight Saturday.. The standard work day shall be midnight to midnight. 3. Each Employee is responsible for a true and accurate reporting of actual hours worked. a. Department Heads, or designee, shall be responsible for providing the information needed to correctly process the payroll. 4. Break in service is defined as at least one (1) entire pay period off. ARTICLE 12 HOURS OF WORK 12.1 Hours of Work and Scheduling 1. Regular Hours of Work and Shifts: Regular working hours of City Employees shall consist of a five (5) day week, eight (8) hours a day, forty (40) hours a week. The standard work week shall consist of the period from midnight Saturday to the following midnight Saturday. The standard workday shall consist of the period between midnight and midnight. 2. Modified Schedule: Upon request and with approval of the Department Head, an Employee may work a designated schedule period (e.g. 7:00 a.m. to 6:00 p.m.) during which Employees may select an eight (8) or ten (10) or twelve (12) hour work period, with the approval of their Department Head. 32 507486\\6001\\00788218 3. Department Heads may, with at least two (2) weeks advance written notice to affected Employees, revise the schedule from an eight (8) hour workday to a ten (10) hour workday or the reverse. Employees shall also have the right to request their schedule be changed from an eight (8) hour workday to a ten (10) hour workday or the reverse. Approval of such a request is at the discretion of the Department Head, but shall be accommodated whenever it will not adversely affect the needs of the Department. 4. Employees of the Police Department work a varied shift totaling forty (40) hours or more weekly. 5. An Employee's work schedule shall normally provide two (2) consecutive days off, unless an emergency situation arises. 6. Nothing in this Agreement precludes Employees from requesting different work hours or a different shift than that designated by the Employee's Department Head. With the approval of the Department Head, flexible work hours may be implemented on a departmental basis to accommodate Employees. The City will endeavor to work with Employees and grant their requests based on seniority and when operational requirements allow. 12.2 Temporary Schedules Department Heads may implement temporary shifting of Employees' working hours to meet routine needs. Changes of more than thirty (30) minutes may not be approved without a minimum of one (1) week's advance notice to the affected Employees. Nothing in this paragraph precludes temporary changes in Employee working hours in an emergency situation. If the essential functions of a position include emergency response during non-scheduled hours, refusal to work an alternate schedule or extra hours in an emergency situation without cause could result in discipline, up to and including dismissal. 12.3 Lunch/Break Period 1. Department Heads shall authorize either a one (1) hour or a half (1/2) hour unpaid lunch period to meet operational staffing requirements. Such periods will normally be taken at mid-shift. Employees who are not authorized a specific unpaid lunch period under this Section will be allowed to take lunch when work permits. If, at the City's direction, the Employee works through lunch, the Employee shall be paid for such time. 2. Employees may work straight shifts with no lunch break if approved by the Department Head. Straight shifts will be considered a Modified Schedule and subjected to the terms of Subsection 12.1.2. A straight shift or 33 507486\\6001\\00788218 "working through lunch" is not available on an ad-hoc basis to allow an Employee to "make up time" if he/she is unable to work the regularly scheduled shift for the day. 3. All Bargaining Unit Members are allowed one (1) relief period not to exceed fifteen (15) minutes during the first half of the shift and one (1) relief period not to exceed fifteen (15) minutes during the second half of the shift. Breaks shall not be scheduled to extend the meal break, unless by mutual agreement. The relief period shall be taken in a manner which does not interrupt the flow of work. 4. Police Officers and other first responders get a paid lunch under FLSA because they are required to respond to calls. 12.4 Changes of Permanent Schedules All changes to permanent working schedules shall provide those Employees affected at least fourteen (14) calendar days' notice of any such change, except in unforeseen emergency situations or when the Employees waive the need for notice, or they will be paid at time and one-half (1.5) the Employee's regular rate of pay for hours worked during the notice period. ARTICLE 13 HOLIDAYS 13.1. Recognized Holidays with Pay Except for Firefighters, the following days will be recognized as holidays with pay for all Employees in full and part-time positions. Veterans Day Thanksgiving Day Day after Thanksgiving Day Memorial Day One-half working Christmas Eve Day Independence Day Christmas Day Labor Day Alaska Day and such other days as may be proclaimed by the Mayor, Governor, or President. 13.2 Holiday Falling on a Regular Day Off When a recognized holiday falls on a Saturday, the preceding Friday shall be recognized as the holiday. When a recognized holiday falls on a Sunday, the Monday following shall be recognized as the holiday. When a full-time 34 507486\\6001\\00788218 Employee's regularly scheduled time off falls on a recognized holiday, the City Administration shall allow, if scheduling permits, that Employee to take another day off during the pay period as the Employee's recognized holiday. In such a case, the Employee's timesheet will reflect the holiday on the alternate date, with all other compensable time recorded as per the Employee's normal Schedule. If the Employee is unable to take the time off, the Employee shall be compensated with regular pay equivalent to the number of hours in an Employee's regular shift in lieu of the holiday. The hours will be recorded on the Employee's timesheet on the date of the recognized holiday. This payment is in addition to and does not impact pay (wages) for hours actually worked during the pay period, whether hours actually worked include a recognized holiday (Section 13.1) or regularly scheduled workdays. This may result in holiday hours entered for a normal day off with no compensable time or holiday hours recorded in addition to actual hours worked on the date of the recognized holiday. 13.3 Computation of Holiday Pay 1. Full-Time Employees: Full-time employees shall receive their regular straight time rate of pay for recognized holidays. 2. Part-Time Employees: Part-time employees shall receive pay for recognized holidays based on their position's percentage of a full-time position. a. The number of hours included in holiday pay is equal to the number of hours in an Employee's regular shift. 3. Holiday during Paid Time Off: A recognized holiday occurring during an Employee's PTO leave shall not be counted as a day of PTO leave. 13.4 Forfeiture of Holiday Pay Employees shall forfeit their right to payment for any holiday if they are on leave without pay (to include injury, military, or other non-compensable leave status) or have an unexcused absence on the Employee's last regularly-scheduled workday before such holiday or on the Employee's next regularly-scheduled workday following such holiday ARTICLE 14 PAID TIME OFF/LEAVE 14.1 Paid Time Off ("PTO") 1. Personal leave shall be used for any and all purposes for which sick and/or annual leave has heretofore been used. 35 507486\\6001\\00788218 2. Requests for Time Off. a. Requests to take personal leave for other than illness or injury must be requested in writing and require written approval. Leave requests require the prior written approval of the supervisor before any leave is taken. Employees in a probationary status are not eligible to take personal leave (unless the request was approved prior to hire or unless leave is requested due to illness or injury as described in Subsection 3 below). b. Employee requests shall be given full consideration and, to the extent practicable, approved. However, the parties agree that the final decision with regard to approval or disapproval of any request shall be based on the supervisor's determination of operational needs. The Supervisor shall respond to an Employee's request for time off within fourteen (14) calendar days for leave requested thirty (30) days in advance. In the event of multiple requests for the same time-frame, the Department Head may consider the Employee's seniority. c. Personal leave may not be approved for Employees following notice of intended resignation and Employees may not without permission of the Department Head be kept on leave status to "run out" their PTO balance prior to termination. d. Personal leave must be pre-approved, and therefore, cannot be used in lieu of tardiness or for a same-day request, except as noted in Subsection 3 below. 3. Requests for Time Off Due to Illness and Injury. a. When an Employee needs to use personal leave for illness or injury, the Employee shall notify the supervisor not later than the start of the Employee's scheduled shift of their expected absence. b. When a member takes three (3) or more consecutive work days of personal leave due to an illness or injury (not necessarily consecutive calendar days), the supervisor shall require the member to provide a physician's certificate stating the reason for the absence. 14.2 Leave Accrual Rate 36 507486\\6001\\00788218 1. All Regular Employees shall accrue leave in accordance with Title 3 and based on continuous service with the City. This provision is subject to reopening upon completion of the currently planned City wage study. 2. Timing of Use. Employees who are entitled to accrue annual leave upon satisfactory completion of their initial probationary period shall receive credit for annual leave accrued since date of appointment. Leave shall be due and usable upon completion of probationary period. 3.Leave does accrue during periods of leave without pay. 14.3 Leave Anniversary Date Changes in the leave accrual rate take effect on the first day of the pay period immediately following the date on which the Employee completes the prescribed period of service. 14.4 Maximum Accrual Unused PTO may accumulate up to seven hundred and twenty (720) hours as of December 31. 14.5 Payment of PTO upon Termination Accrued PTO will be paid to Employees who voluntarily terminate based on the wage rate at the date of termination. An Employee is vested upon completion of probation. 14.6 PTO Leave Cash-Out Employees with at least one (1) year of continuous service with the City may cash out their leave provided they retain at least two hundred forty (240) hours in the bank. The City Administration has the authority to defer a request for up to thirty (30) days if there is a budget shortfall or cash flow problem or any other legitimate business need arises. The Employee shall be notified in writing of the reason for the deferral. 14.7 Donated Leave Donation of leave to another Employee will be allowed in cases of serious, unforeseen medical emergency circumstances and upon approval by the City Administration. The value of the donated leave time will be computed at the regular rate of pay of the donating Employee and converted into hours of equal value based upon the regular rate of pay of the receiving Employee. 37 507486\\6001\\00788218 14.8 Military Leave Employees shall be entitled to military leave in accordance with state law, including but not limited to AS 39.20.340, and federal law, including but not limited to USERRA. 14.9 Worker's Compensation 1. An Employee injured in the line of duty shall be entitled to workers' compensation pay from the City pursuant to SCC 3.80.010 and subject to the terms therein. 2. If the City amends SCC 3.80.010 during the term of this contract, the amended provisions shall apply to Employees under this contract to the same extent as non-represented employees. 14.10 Jury Duty / Court Leave 1. Jury Duty shall be treated as administrative leave from the City. Services in court when subpoenaed as a witness on behalf of the City, or when called as an expert on a matter of City concern, or relating to a municipal function, will be treated the same as jury duty. In order to be entitled to jury duty leave, the Employee shall provide the Department Head with written proof of the requirement of his/her presence for the hours claimed. Fees paid by the court (other than travel and subsistence allowance) will be turned in to the City, except the fees paid for court duty which occurs on the Employee's normal non-work days may be retained by the Employee. Witness service for the purpose other than just described will be covered by annual leave or leave without pay and any fees received in this connection may be retained by the Employee. 2. Employees serving on jury duty during their regular time off will be allowed to flex the time to their regular work week or receive overtime pay at the discretion of the Department Head. 14.11 Leave Without Pay 1. An Employee may receive up to three (3) months leave without pay if the City Administration approves it after consultation with the affected Department Head. Such leave shall only be granted after an Employee has exhausted all paid time off. The granting of such leave is within the sole discretion of the City Administration. It shall not be granted if the Employee's absence will hamper provision of City services or operations. 2. There shall be no PTO accrual during any pay period for which the Employee is claiming Leave without Pay under this Section. 38 507486\\6001\\00788218 14.12 Family and/or Medical Leave of Absence The City shall comply with the federal Family and Medical Leave Act (FMLA) and the State of Alaska Family Leave Act (AFLA). FMLA and AFLA, when both are applicable, run concurrently, and paid leave, when available, is charged during periods of approved family leave until exhausted. During family leave, when the Employee is receiving no pay from the City, the Employee is still responsible for remitting the Employee portion of any benefit-related charges to maintain the benefit. 14.13 Funeral Leave Each full-time Employee shall be eligible for five (5) consecutive working days of leave for each funeral of a member of the Employee's immediate family. Such leave shall not be deducted from the Employee's PTO account. 14.14 Definition of "Immediate Family" The definition of immediate family will be as provided for in the Family Medical Leave Act. ARTICLE 15 WORK RULES 15.1 Work Rules The City shall have the right to establish and notify Employees of workplace policies, procedures, and/or rules regarding any matter, and to require Employees to abide by such policies, procedures, and/or rules, so long as such policies, procedures, and/or rules are not inconsistent with any express provision of this Agreement. An arbitrator shall have no authority to interpret, apply, add to, detract from, alter, amend, or modify such policies, procedures, and/or rules. 15.2 Protection of Rights An Employee shall not be required, in the performance of his or her duties, to violate any federal, state, or local law. In performing his or her duties, an Employee shall comply with all applicable federal, state, and local laws. Each Employee is required to act with due care and regard for Employee's own safety and that of fellow Employees and to respect the person and property of other Employees and persons. The City agrees that it will not deduct the cost of lost, missing, stolen, or damaged property belonging to the City from an Employee's pay, provided the loss or damage was not willfully or negligently caused by or through the actions of the Employee. · 39 507486\\6001\\00788218 15.3 Non-Discrimination 1. Employees shall not be discriminated against with respect to compensation or terms or conditions of employment because of race, national origin, color, age, creed, religion, sex, sexual orientation, gender identity, political affiliation, marital status, ancestry, disability, or status as a disabled veteran. 2. The Employer and Union agree to comply with all state, federal, and local laws, rules, or regulations prohibiting discrimination against any person with regard to all aspects of employment or membership. Anti discrimination laws shall take precedence over the terms of this contract. 3. No Bargaining Unit Member shall be discriminated against for upholding lawful union activities. Employees, who serve on an SPEA committee or committees or serve as Employee Representative or as an officer of SPEA, shall not lose his/her position or be discriminated against for these reasons. 15.4 Employee Indemnification The City shall indemnify Employees as required by law. 15.5 No Polygraph or Lie Detector The City agrees that it will not require, request, suggest, or cause any Employee, or applicants for employment, to submit to examination by a polygraph or other kind of lie detector as defined by 29 U.S.C. 2001. No examination by polygraph or other lie detector shall be used in any personnel decisions, including discipline, discharge, or promotion. This does not prohibit legitimate polygraph use in criminal proceedings or for law enforcement pre-employment screening processes. 15.6 Outside Employment No Employee shall be employed by or engage in work for an employer other than the City, including but not limited to self-employment, during the Employee's work hours. Nor shall any Employee be employed in a position that presents a conflict of interest in regard to the Employee's duties to the City. 15.7 Unlawful Acts Prohibited 1. No Employee shall willfully, negligently, or corruptly make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment held or made, or in any manner commit or attempt to commit any fraud with respect to reports, paperwork, or other 40 507486\\6001\\00788218 duties that are required of the Employee under this Agreement, City rules, policies, or procedures, or federal, state, or local laws. 2. No person seeking appointment to, or promotion in, City service shall, either directly or indirectly, give, promise, render, or pay any money, service, or other valuable thing to any person for, or on account of, or in connection with, his or her test, appointment, proposed appointment, promotion, or proposed promotion. 3. No Employee of the City, examiner, or other person shall defeat, deceive, or obstruct any person in his or her right to examinations, eligibility certification, or appointment under these rules, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the City service. 4. Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspects of personnel administration because of political or religious opinions or affiliations or because of race, color, creed, sex, sexual orientation, gender identification, religion, national origin or ancestry, age, or disability, except where physical requirements constitute a bona fide occupational qualification necessary to proper and efficient administration, is prohibited. 15.8 Gifts and Gratuities 1.It shall be the responsibility of each City Employee to remain free from indebtedness or favors which would tend to create a conflict of interest between personal and official interests or might reasonably be interpreted as affecting impartiality of the individual Employee. If an Employee is tendered or offered a gift or gratuity which would, in the eyes of the public or public officials, be construed to be an attempt to bribe, influence, or encourage special consideration with respect to municipal operations, such offers shall be reported without delay to the Employee's immediate supervisor who in turn will inform the Department Head. 2. If there should be any doubt whether a gift or gratuities is of such significance as to create undue influence upon the Employee, the matter shall be reported to the Department Head. If any Employee shall knowingly accept any gift or gratuity which creates undue influence or results in special consideration which benefits the giver, the Employee is subject to progressive discipline, up to and including dismissal for just cause. 41 507486\\6001\\00788218 15.9 Employment of Relatives No person may be employed in any position supervised by a family member, provided this will not prevent continued employment with the City of persons who are presently employed at the adoption hereof. Additionally, family member shall not be placed in a position such that one member is required or authorized to review the work, personnel documents, expense account, or time records of another family member. For the purpose of this Section, a family member shall be defined as follows: a. spouse; parents; step-parents; brothers, sisters, and their spouses; step- brothers, step-sisters, and their spouses; children and their spouses; father-in-law; mother-in-law; sister-in-law; brother-in-law; grandparents and their spouses; grandchildren and their spouses; step-children and their spouses; grand-stepchildren and their children; aunts; uncles; nieces; and nephews. b. If two Employees marry or otherwise become related (as defined by immediate family member), neither of the Employees will be allowed to hold supervisory authority over the other one. 15.10 Political Activity 1. An Employee, who is elected as a member of the Seward City Council or to a state or national elected political office, shall immediately resign from City employment. In this Section, "elected" means the status of a candidate upon certification of a local election or at the time the candidate is sworn into a state or national office following an election. 2. An Employee who is a political candidate for any elected office shall not conduct political activities during work time or on City owned property. Use of City equipment to conduct any political or personal activities is strictly prohibited. ARTICLE 16 SAFETY 16.1 Safety Rules 1. Safety rules, policies and procedures of the City, which the City may modify from time to time, are incorporated by reference and made part of this Agreement. All Employees must at all times comply with such safety rules, policies and procedures. Any Employee who is injured on the job must make an immediate report to the Employee's supervisor, no matter how slight the injury. Failure of an Employee to follow safety rules, 42 507486\\6001\\00788218 including the immediate reporting of injuries, may result in discipline up to and including dismissal through the progressive discipline process. 2. The City and Union are mutually committed to the reasonable efforts to maintain safe and healthful working conditions for all Employees. It shall not be a violation of this Agreement or grounds for discipline or dismissal if an Employee, in good faith, refuses to work in/on what the Employee reasonably believes to be unsafe conditions for his or her job which would subject the Employee to serious injury or death. Whenever possible, an Employee must first seek from the City a correction of the dangerous condition. Employees shall not knowingly continue to work in what they know to be a dangerous condition. 3. An Employee who notices an unsafe work condition is mandated to report the unsafe condition to their immediate supervisor. The immediate supervisor shall proceed to copy the City's designated OSHA Safety Officer or Human Resources Administration. 16.2 Drug Testing The City and Union agree that any drug and/or alcohol testing policy or procedure adopted by the City Council or required by law shall be applicable to the Employees covered by this Agreement. Failure of an Employee to comply with such policy or procedure shall be grounds for discipline up to and including dismissal. 16.3 Safety Devices and Uniforms The City shall provide all devices, apparel or equipment necessary for an Employee's safety in accordance with applicable laws. Additionally, the City shall provide special tools, equipment, clothing and uniforms it deems necessary to accomplish work assignments. All items provided to Employees in accordance with this Section are the property of the City, may be used only for official work purposes, and when practicable, shall remain in their place of employment at all times that the property is not in use by the Employee and shall be returned in good working order upon separation from City service. ARTICLE 17 BENEFITS 17.1 Health Insurance 1. The City will provide all full-time Employees and their qualified dependents a benefit package in accordance with Council approved policies. Full-time Employees are those Employees who are normally scheduled to work 43 507486\\6001\\00788218 thirty (30) or more hours a week. Employees are solely responsible for any personal tax liability incurred for said benefits. a. Employees in positions exposed to unique hazards or which exhibit a proven risk for the development of certain illnesses will be provided with medically-recommended immunizations or preventative screenings. 2. The City shall pay to the health insurance program, in the manner as determined by Council for all Employees. If the City wishes to increase the employee health insurance cost share, the parties will renegotiate the contribution amounts, if necessary. 17.2 Longevity Bonus 1. All regular Employees, after completion of one (1) year's services, equal to two thousand and eighty (2,080) hours, shall be paid longevity pay at the rate of one percent (1%) of his/her regular salary. Longevity pay shall be paid once each year on the first pay day of December. 2. Any break in City employment longer than thirty (30) calendar days will advance the eligibility date by the number of days in excess of thirty (30). Time served as a temporary Employee shall not be included. 17.3 Retirement The City has in effect a retirement plan with the Public Employees Retirement System (PERS) for all eligible City Employees included in this Agreement. 17.4 Training/Professional Development 1. The City and Union agree that education and training may enhance an Employee's job performance and prepare the Employee for career advancement within the City. To that end, the City and Union encourage Employees to take advantage of City-sponsored training and/or professional development programs. 2. Department Heads shall provide active leadership in developing the Employees under their supervision. In this capacity, they shall: a. Cooperate closely with the city manager in determining the current and future employee development needs in the department; b. Participate with the city manager in developing and implementing employee development programs 44 507486\\6001\\00788218 c. Budget sufficient funds to secure needed career development programs d. Evaluate the effectiveness of completed career development programs and make recommendations for improvement where appropriate; e. Assure that Employees are provided with sufficient time to participate in career development programs. ARTICLE 18 STRIKE/LOCKOUT/WORKSTOPPAGE/PICKET LINE 18.1 Strike/Lockout The parties agree that there shall be no strikes, work stoppages, or lockouts during the life of this Agreement. 18.2 Picket Lines The parties agree that it shall be a violation of this Agreement and it shall be cause for disciplinary action in the event an Employee refuses to go through or work behind any picket line. The City specifically retains all of its rights under AS 23.40.200. ARTICLE 19 GENERAL PROVISIONS 19.1 Duration This Agreement shall become effective January 1, 2019 and shall continue in full force and effect through midnight, December 31, 2022. Thereafter, it shall automatically renew itself and continue in full force and effect from year to year unless written notice of election to terminate or modify any provision of this Agreement is given by one party not later than January 1st of any succeeding year. 19.2 Severabililty 1. Violations: If any term or provision of this Agreement is, at any time during the life of this Agreement, adjudged by a court or administrative body of competent jurisdiction to be in conflict with any law, such term or provision shall become invalid and unenforceable, but such invalidity or unenforceability shall not impair or affect any other term or provision of this Agreement. 45 507486\\6001\\00788218 2. Replacement: If a determination or decision is made pursuant to Subsection 1 of this Article that part of this Agreement is found to be in violation of law, the parties to this Agreement shall convene for the purpose of negotiating a satisfactory substitute for the invalidated article, section or portion thereof. 3. Printing of the Agreement: The parties agree that a Union representative and a person appointed by the City will meet and mutually agree on the format, size, and specifications of the Agreement to be printed. The Union shall print or be responsible for the printing of the Agreement. The parties will designate the number of copies of the Agreement each desires and each party will be responsible for the cost involved in printing that number of copies. 19.3 Waiver of Bargaining Rights and Amendments to Agreement During the negotiations resulting in this Agreement, the City and the Union each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter as to which the Alaska Public Employment Relations Act imposes an obligation to bargain. This Agreement contains the entire understanding, undertaking, and agreement of the City and the Union, after exercise of the right and opportunity referred to in the first sentence of this Section, and finally determines all matters of collective bargaining for its term. 19.4 Changes to Agreement This Agreement may be amended with the mutual consent of the parties. Changes in this Agreement, whether by addition, deletion, amended or modification, must be reduced to writing and extended by both the City and Union in the form of a Letter of Agreement. 46 507486\\6001\\00788218 SIGNATURE PAGE For the City of Seward For the Seward Public Employees Association, Local 6585 APEA/AFT Will Earnhart, Chief Negotiator Anne Knight, APEA, Chief Negotiator Jeff Bridges, City Administration Kristin Erchinger, Finance Director Patrick Messmer, President Kyle Campbell, Vice-President Mike Kinney, Secretary/Treasurer Nort Adelmann, Member/Negotiator 47 507486\\6001\\00788218 NOTICE TO THE PUBLIC PWSRCAC VACANCY NOTICE IS HEREBY GIVEN that the Seward City Council will appoint a representative for Advisory Council (PWSRCAC) to serve a two year term. This representative can expect to devote an average of fifteen (15) hours per month on PWSRCAC business. The full Board conducts three 2-day meetings each year in January, May and September. In addition, annual budget and planning meetings are held, as well as special meetings for committees and/or work groups. The term for this representative will expire on May 4, 2021. Any citizens interested in serving on the PWSRCAC may submit a letter of interest to the City Clerk no later than FridaFriday, March 29y, March 29,, 201 20199by 5:00 p.m. The Seward City Council will appoint a member to this organization at the April 8, 2019 April 8, 2019 City Council Meeting, which will begin at 7:00 pm in the Seward Council Chambers. 907-224-4046. ______________________________________________________________________________ PUBLISHED: Will be published in the Seward Journal on March 20 & 27, 2019. POSTED: Tuesday, March 12, 2019 City Hall Bulletin Board U.S. Post Office Harbormas Agenda Statement Meeting Date: March 11, 2019 From: Brenda Ballou, City Clerk Agenda Item: Joint work sessions with the Boards and Commissions for yearly priorities BACKGROUND & JUSTIFICATION: Per the City Council Rules of Procedure, the City Council and the Planning & Zoning Commission meet annually in March to review the c City Council Rules of Procedure, Rule 35: (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. While not required, council has also had similar work sessions with its other boards and commissions, specifically the Historic Preservation Commission and the Port & Commerce Advisory Board, to review annual priorities. The practice has been well received and useful. RECOMMENDATION: Schedule a joint work session with the Planning & Zoning Commission, the Port & Commerce Advisory Board, and the Historic Preservation Commission in March to review annual priorities. T Forcouncilsconsideration: Tuesday, March 26, 2019 Planning & Zoning Commission 5:15 p.m. Port & Commerce Advisory Board 5:45 p.m. Historic Preservation Commission 6:15 p.m. COUNCIL COMMITTEES 1.AD HOC COMMITTEE FOR CITY PERSONNEL MATTERS February 26, 2018, council created an Ad Hoc Committee consisting of Council Member Horn, Council Member Casagranda, and Mayor Squires to work with administration to develop a Request for Proposals for conducting a third-party investigation of city personnel matters. At the May 29, 2018 council meeting, the city manager was directed to contact the DCRA and arrange for an audit of administration, personnel, and council. Based on the results of that event, council will decide whether or not to continue with this committee. At the August 13, 2018 meeting, audit because it was beyond the scope of their duties/capabilities.Assistant City Manager Brennan Hickok reported at the September 10, 2018 that he had sent an email to council on August 31, 2018 with responses from the DCRA regarding Title 29 (Municipal Government) training they could provide, if council wishes. Request for Proposal has been sent to committee members. Group should meet to discuss. November 26, 2018 Council Member Towsley replaced Casagranda on the committee. Committees sunset at the end of their mission, but no later than the end of each fiscal year, unless specifically continued by the council for a specified period of time. City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page CALL TO ORDER The February 25, 2019 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Squires. OPENING CEREMONY Police Chief Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Squires presiding and Sue McClure Suzanne Towsley Sharyl Seese John Osenga Kelley Lane comprising a quorum of the Council; and Jeff Bridges,Interim City Manager Brenda Ballou, City Clerk Absent Horn CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Cara Maxwell moved to Seward in October, 2018 and was being considered for appointment to the Historic Preservation Commission because she loved Seward and wanted to get involved. Maxwell was also the swim coach for the Tsunami Swim Team, and they would be having a fundraiser for the team at Sweet Darlings tomorrow. Tim McDonald wanted to talk about the estuary at the head of Resurrection Bay; he thought it was an underutilized tourism attraction. He recently counted 22 trumpeter swans in that area and wanted to see a trail built across that area for people to be able to walk. McDonald also wished it would become unlawful for duck hunting inside city limits. Bruce Jaffa was speaking as a resident of Moose Pass who used the Seward airport. He was concerned that the current plans involved reducing the current 4,200 foot runway down to 3,300 feet. He had communicated with Senator Dan Sullivan and Representative Don Young his concerns, and he thought they were receptive to understanding the issue. Jaffa intended to continue to push this issue, and wanted this to become an issue for Port & Commerce Advisory Board (PACAB) to address as well. When taken in its entirety, Jaffa thought Seward would not be well served by settling for a shortened runway; he encouraged the city to turn down funding from the Department of Transportation and wait until there was an agreement to have a longer runway. City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page Craig Ambrosiani had been a Planning & Zoning Commissioner for years, and he wished to continue his service. He enjoyed working on the omprehensive Plan, addressing housing issues, and working in cooperation with the flood board. Ambrosiani appreciated the challenge of maintaining a quality of life. Melody Jordan wanted to speak in favor of PERA because she thought the city employees needed the support of a third party. As the former plant manager at Icicle Seafoods for 35 years where she managed over 300 employees, she had success using a third party to settle issues. Jordan said, in her experience, when employees were treated fairly and felt they had a voice, and issues were handled by a third party, things worked well. She said there had been many people who spoke before this body about employment issues; she felt there should be accountability on both sides. While in her role at Icicle, Jordan said she challenged herself to consider if she had done everything she could to help her employees succeed, and she sometimes fell short. She added that Icicle conducted a confidential survey every few years to hear from the employees; she encouraged the city to adopt a similar technique. Ristine Casagranda wished to see the city attorney contract to go out for RFP. The Seward high school boys basketball team was doing a phenomenal job this season; regions would be held in two weeks in Seward. Michelle Cobble had applied to the Historic Preservation Commission; she had lived in Seward for the last four years, loved the community, and wanted to keep history alive in Seward. Darryl Schaefermeyer supported Resolution 2019-022 for the contract with YourCleanEnergy for the heat loop project for City Hall, the library, annex, and fire hall. Gary Seesewas interested in being reappointed to the Planning & Zoning Commission. Lynda Paquette reported that at the last Seward Civic Engagement meeting, there was a discussion about the relationship with the city, and on March 7, 2019 the next Seward Civic Engagement would discuss code of ethics. Paquette invited everyone to send her suggestions for future topics. As a board member of PACAB, she was concerned about the shortened runway issue, as well. Anthony Baclaan wished Resolution 2019-018 amending the City Council Rules of Procedures would include a fourth location for public notice to include the library. He admonished council to listen to the citizens and have the city attorney firm to go out for RFP. He supported having a forensic audit, and would like to see it expanded to include multiple departments. Tim McDonald supported having a forensic audit because he did not trust the city government. Melody Jordan said the KPB school district would be at the school tomorrow at 6:00 p.m., the same time as the council work session. City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Towsley) Approval of Agenda and Consent Agenda McClure removed her name from the Juneau travel report. McClure amended the joint work session topic with PACAB to be for YourCleanEnergy to present results of the concept design and evaluation of the Lowell Creek Hydroelectric Project. At the request of Bridges, McClure removed the executive session to consider applications for the permanent City Manager position from the agenda. Lane removed Resolutions 2019-017, 2019-018, and 2019-022 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the February 11, 2019 City Council Regular Meeting Minutes. Appoint Michelle Cobble and Cara Maxwell to the Historic Preservation Commission with terms to expire May, 2021. Non-objection to the following liquor license renewals: Oaken Keg #2728 license #4334, Appoint Jennifer Carr, Quentin Carr, Kristi Larson, Johanna Kinney, Dorothy Osenga, and Susie Urbach to the Canvass Board for the March 19, 2019 Special Municipal Election. Appoint Mark Kansteiner, Iris Darling, Patty Linville, Sue Faust, and Michael Mahmood to the Election Board for the March 19, 2019 Special Municipal Election. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards None Chamber of Commerce Report. Cindy Clock stated the Mount Marathon Race registration would open on March 1, 2019. Clock thanked McClure for serving on the organizing committee for the race for many years. There would be a Marathon Miners wrestling tournament at the cruise ship terminal this weekend. The high school regional basketball tournament would be held in Seward from March 7-9, 2019; there would be 14 teams coming to Seward. The next Winter Weekend event to promote local business would be March 16- Winter Weekend would be April 13-14, 2019, right before Easter. City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page Regarding the agenda item to schedule a work session with the chamber, Clock requested this be scheduled in the fall when the chamber is prepared to roll out its marketing plan for 2020. City Manager Report. Jeff Bridges reported the following purchase orders over $5,000 have been approved by the City Manager since the last council meeting: None. The Request for Proposals (RFP) for a wage and position classification study was on the street. Regarding the permanent city manager hiring process, the GovHR consultant has requested to meet with council on March 9, 2019 to review candidates; on March 8, 2019 the firm would furnish a list of 6-10 candidates for councilconsideration at the work session. Bridges reported on the AML Conference he attended in Juneau. The meetings went well, and included the airport with the DOT, Spring Creek Correctional Center, and the U.S. Coast Guard for uplands improvements for the fast response vessel. In response to Lane, Bridges said the field engineerposition was being considered to be added to the IBEW union. In response to Towsley, Bridges said the executive assistant position in the Electric Department had undergone an extensive job description review, and some discussion about which union the position should be included in, and those issues had contributed to the delay in the job posting. Lane expressed concerns about having city manager candidate discussions in executive session; she believed all candidate information should be public. Council scheduled a work session on Saturday, March 9, 2019 at 9:00 a.m. to review candidates for the permanent city manager position. Bridges said he would notify the recruiter that all candidate information for the city manager position would be public record. In response to Lane, Bridges said Mt. Haven had lifted the moratorium on taking in new residents. Seese was concerned with the deteriorating condition of the sign at Mt. Haven. Towsley relayedcitizen concerns about local crimes, break-ins, and drug use. Other Reports, Announcements and Presentations Travel Report for AML Conference in Juneau from Mayor Squires and Vice Mayor McClure. Seward Prevention Coalition Presentation. Election Stakeholders Group Meeting Update from Vice Mayor McClure. City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page Seward Community Health Center Coordinating Committee Update from Council Liaison Seese. PUBLIC HEARINGS None UNFINISHED BUSINESS Items Postponed from Previous Agenda Discuss standing work sessions to review city council agenda packets. (Lane) Lanewas having difficulty attending the Friday standing work sessions due to scheduling conflicts, and invited council feedback. McClure suggested cancelling the standing work sessions. Towsley thought the work sessions were useful. Seese thought she was getting a lot out of the work sessions, but would favor cancelling them. Osenga thought the work sessions were beneficial, but with summer approaching, his work schedule would not always allow him to attend. Squires thought the work sessions were beneficial, and enabled council members to ask questions of administration that could then be answered at the Monday council meeting. Council decided to maintain the status quo for the time being and make no change to the standing work session schedule. NEW BUSINESS Resolution 2019-017, Authorizing The City Manager To Award A Three-Year Franchise Agreement Extension To Alaska Waste Kenai Peninsula LLC For The Collection And Disposal Of Garbage, Rubbish And Waste. Motion (McClure/Seese) Approve Resolution 2019-017 Assistant City Manager Brennan Hickok said Alaska Waste was counting on a three-year extension, and if this extension was not approved, the alternative was to have a vote of the people at the October 1, 2019 election. Motion to Postpone (Lane/) Postpone Resolution 2019-017 to March 11, 2019. Motion died for lack of second. In response to Seese, Finance Director Kris Erchinger confirmed that the city received 3% of revenue as a franchise fee. In response to Towsley, Bridges said he would research whether a resident could have their garbage service shut off in connection with theirelectric being shut off. Lane wondered what the vacation policy was, and how to get bear resistant cans. City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page Motion Passed Yes: Towsley, Seese, Osenga, McClure, Squires No: Lane Resolution 2019-018,Amending The City Council Rules Of Procedures. Motion (McClure/Seese) Approve Resolution 2019-018 City Clerk Brenda Ballou said this resolution was the last piece of the process to update the City Council Rules of Procedures (CCROP) work session. The result of this resolution would align the CCROP with the Charter and Seward City Code. In response to Seese, Ballou said she would bring back an ordinance in the future to address the deadline for delivering the agenda packet to council. Motion Passed Unanimous Council recessed at 9:00 p.m. Council resumed at 9:08 p.m. Resolution 2019-019, Authorizing The Interim City Manager For The Purchase Of A 2019 Ford 3/4 Ton 4x4 Truck From Kendall Ford In The Amount Of $31,771 To Replace A 2005 Ford 4x4 Truck #165 Utilizing The State Of Alaska Procurement Contract, And Waiving Competitive Procurement Procedures, And Appropriating Funds. Motion (McClure/Osenga) Approve Resolution 2019-019 Bridges said it had been many years since public works had a new vehicle. In response to Lane, Bridges said there had been only one other vehicle purchase in 2019. In response to Lane, Bridges said vehicle replacements were contemplated during the budget process, and Squires added thatvehicles were scheduled in accordance with the Bird Study. Motion Passed Unanimous Resolution 2019-020, Authorizing The Interim City Manager To Purchase A 2019 Chevrolet 1/2 Ton 4x4 Truck From Alaska Sales And Service In The Amount Of $29,806 To Replace A 2004 Dodge 3/4 Ton 4x4 Truck #121 Utilizing The State Of Alaska Procurement Contract, And Waiving Competitive Procurement Procedures, And Appropriating Funds. Motion (McClure/Seese) Approve Resolution 2019-020 Bridges said the vehicle being replaced was well past its useful life. In response to Lane, Hickok statedthe new vehicles would arrive in approximately 90 days. Motion to Amend (Squires/Towsley) Amend Resolution 2019-020 in the title by City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page Amount Of $1,435 For Safety Lighting And Motion to Amend Passed Unanimous Main Motion Passed Unanimous Resolution 2019-021, Amending The 2019 Budget To Reflect Mid-Cycle Budget Adjustments, And Appropriating Funds. Motion (McClure/Towsley) Approve Resolution 2019-021 Bridges said this resolution was a result of the council work session where all the items had been discussed; this would result in a net gain of fund balance of $29,000. Lane was concerned with the elimination of one custodial position, and wished instead to have two other positions eliminated: SPRD Assistant and Teen Rec Room Coordinator. Bridges said the position that was being eliminated was being put towards reinstating a previously-eliminated position in Public W resolution was in keeping with the direction given at the work session. In response to Seese, Bridges said the $15,000 increase in hotel/motel bed tax was not anticipatory of new lodging businesses, but was an organic increase. Motion Passed Yes: Towsley, McClure, Osenga, Seese, Squires No: Lane Resolution 2019-022, Determining It Is In The Public Competitive Bid Process Requirements And Approving A Sole Source Contract With YourCleanEnergy LLC For Design And Engineering Services For A Ground Source Heat Pump District Heat System To Service Four Municipal Buildings In An Amount Not To Exceed $138,000, And Appropriating Funds. Motion (McClure/Osenga) Approve Resolution 2019-022 Hickok said the city had received a grant through the Alaska Energy Authority (AEA) for $725,000. Andy Baker from YourCleanEnergy had conducted an economic evaluation study for the viability of installing a heat loop system for the library, annex building, City Hall, and the fire station. In response to Lane, Hickok said the next step would be building monitoring; this would generate a data system which could be used as a comparison post new system installation. The project would be completed by year end 2019. City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page Motion Passed Unanimous Other New Business Vote and appoint three applicants for the Planning & Zoning Commission with terms to expire February, 2022: Tom Swann, Craig Ambrosiani, Gary Seese, and Skip Reierson. City Clerk Brenda Ballou passed out Ballot #1 containing the names of the 4 applicants, and instructed council to vote for no more than 3 names. The results of the first vote were: Swann 4 Ambrosiani 4 Seese 6 Reierson 3 Council appointed Tom Swann, Craig Ambrosiani, and Gary Seese to serve on the Planning & Zoning Commission with terms to expire February, 2022. Regarding a forensic audit: Direct Administration to complete an RFP and/or other necessary processes to initiate a timely and full scope forensic audit of City of Seward financial records and practices. (Lane) Discuss scheduling a forensic audit. (Towsley) Discuss scheduling a forensic audit. (Seese) Draft resolution submitted. Lane wished to have a forensic audit performed. Towsley had been hearing from constituents who wished to have a forensic audit performed. Seese thought this was necessary to get the town put back together. McClure wondered what the cost would be. McClure said, contrary to the other council members, she had been hearing from constituents that council should not pursue this. Bridges said he would need a more definitive scope of what this audit would entail before he could obtain pricing. He said he heard forensic audit, which meant a financial audit; but he also heard other elements like personnel issues or operating issues. Bridges suggested that rather than pursue aforensic audit, council could have a meeting with the ciBDO, about the upcoming audit. for specific items. Motion (Lane/) Direct administration to create a Request for Proposals to conduct a forensic audit. City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page Motion died for lack of a second. Council scheduled a work session with BDO on April 1, 2019 at 6:00 p.m. Regarding an Interim City Manager: Discuss the development, implementation and execution of a plan to hire an interim city manager. (Towsley) Planning and implementing of crucial leadership during city manager transition period. (Lane) Discuss the plan for hiring an interim city manager. (Seese) In response to McClure, Squires said the city had four people who were official signers: the city manager, assistant city manager, finance director,and city clerk. Council directed the city manager to review the applicant list from the last interim city manager hiring process to see who might be available and interested, as well as any internal candidates he may recommend. rd Discuss sending a delegate to the 53Yeosu Turtle Ship Festival in Yeosu, South Korea. Bridges offered to go as the citys representative. Squires said, although he would not be interested himself, he would like to see one or two council members go. He said former mayor Willard Dunham had considered the relationship between Seward and Yeosu to be a valuable one. By unanimous consent, council postponed this discussion to March 11, 2019 in order to review the travel budget. Schedule joint work session with the Port & Commerce Advisory Board (PACAB) for YourCleanEnergy to present results of the concept design and evaluation of the Lowell Creek Hydro Project. Hickok said Andy Baker would be in Seward on March 6, 2019 to present to PACAB. Council scheduled a joint work session with PACAB on March 6, 2019 at 12:00 p.m. Council suspended the rules to speak with Port & Commerce Advisory Board Chair Christy Terry. Christy Terry said PACAB would like to have council join them for the presentation on March 6, 2019. Council went back on the rules. City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page Schedule a work session to create process for selling the utility. Bridges said he didnt know if council would eventually wish to sell the electric utility, but if they did, there was no process in place for taking that action. Towsley was confused about how this came about, and was also concerned that the public have ample opportunity to participate in this. By unanimous consent, council postponed this item until the permanent city manager was in place. Schedule work session in April with Providence. Bridges said he understood that council had a desire to meet with Providence to review the relationship and the financials, including the 1% contribution and the citys obligations. Bridges would coordinate with Providence for a date for mid-April and bring that back to council. Schedule a work session on chamber funding, allocation of monies, chamber priorities. (Lane) Lane requested to postpone this item to March 11, 2019 with no objection from council. Discussion and direction to city administration regarding housing development within the original Seward townsite, including selling city lots within the R1 zoning district. (Lane) Lane said there were four lots on First Avenue that had been in city ownership for several years, and she wondered what could be done to get those properties sold so they could be developed. Towsley shared an idea she had for council consideration to potentially have a house owned by the city for the city manager to use, given that housing was an issue in Seward and that the city manager was required to live inside city limits; this could be an incentive for attracting a city manager, she believed. Bridges would bring updated information back to council on the four lots on First Avenue. Reallocation of resources based on attendance at the Teen Rec Room with brainstorming opportunity for how this facility & program could better serve the community. (Lane) Lane was concerned with the low attendance at the Teen Rec Room, and the staffing issues there. She requested to postpone this item to March 11, 2019 with no objection from council. INFORMATIONAL ITEMS AND REPORTS On-going City Project and Goal List. City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page December, 2018 Financial Reports for the City of Seward and Providence Seward Medical and Care Center. How Iceland Got Teens To Say No To Drugs (article). COUNCIL COMMENTS McClure said the National Ocean Sciences Bowl last weekend was wonderful; the Ketchikan Sabretooths won. She was pleased that the Historic Preservation Commission was now full, and she encouraged them to also get involved with the Resurrection Bay Historical Society (RBHS); the next meeting for RBHS would be Thursday at 7:00 p.m. Towsley thanked everyone for speaking tonight, and for all the applicants for the boards and commissions. She attended the Alaska SeaLife Center Marine Gala, and had enjoyed the experience and was appreciative for going. Tomorrow from 5:00-8:00 p.m. at Sweet Darlings there was a fundraiser for the Tsunami Swim Club. Towsley reminded everyone about the work session tomorrow at 6:00 p.m.for PERA. Osenga congratulated everyone on their appointments, and thanked the public for speaking. Seese enjoyed the Alaska SeaLife Center Gala and appreciated being invited. She expressed condolences to the Lewis family on the loss of their son, Ryan. Lane was thankful for attending the Alaska SeaLife Center Gala. She met with the Kenai Peninsula Economic Development District (KPEDD) two weeks ago telephonically; the next KPEDD meeting would be in April. She also expressed condolences to the Lewis family. Squiresoffered condolences to the Lewis family. Motion (Seese/Towsley) Extend the adjournment time for s City Council meeting to 12:00 a.m. Motion Passed Unanimous CITIZEN COMMENTS Becky Dunn said borough school district budget meeting location would be at the high school tomorrow at 6:00 p.m. rather than at the library. She said Alaska Waste allowed residents to suspend service while on vacation;people just needed to contact Alaska Waste directly. Dunn echoed Bruce comments about the airport;during medical emergencies, Dunn believed that helicopter flights were more expensive than airplanes. Bruce Jaffa thanked council for their time and service. Regarding a forensic audit, whether looked for good or bad, one would find what they were looking for. Jaffa thought there was potential for increased local taxes to cover the school budget deficits. Regarding the airport, he thought there was more to the issue than just an FAA formula to determine what Seward needed for runways. City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page Christiana Smith and her son, TJ, wanted to address the Teen Rec Room (TRR). Her family utilized the TRR and TYC, and her son cultivated friendships there. She thought the reasons for the low attendance should be looked at, and having consistent staffing was important for teenagers. Smith suggested the city involve the participating students in the solution, particularly the Teen Youth Council. Carol Griswold thanked council for their service. She a clarity and transparency. Griswold was concerned about the airport runway issue, specifically the issue of extending the runway into wetlands and estuary lands. She appreciated the quiet skies in Seward, and would like to see a marketing study done to justify increasing airport traffic. She urged council to examine the quality of life priorities for Seward before making big economic development decisions. Jen Leahy did not know anything about forensic audits, but understood that an organizational development consultant might be able to help address the citys concerns. She was proposal, and thought it would impact every citizen in the Seward community. She expressed condolences to the Lewis family and said the loss of Ryan Lewis was a big loss for the entire community. Kyle Walker wished council would minimize conversations and discussions and relate them only to a motion on the floor, and generally remain more focused. Wolf Kurtz was the chair for the Historic Preservation Commission, and he welcomed Michelle Cobble and Cara Maxwell to the commission. Lynda Paquette encouraged council to consider that, for the permanent city manager hire, applicants may not wish their current employer to know they were applying for the job in Seward. Regarding the standing Friday work sessions, Paquette recalled that one year ago, it appeared that certain members of council were being brought up to speed about issues privately, and that was what citizens had been upset about; now the Friday work sessions allowed everyone to partake. Regarding the state budget, Peter Miccicheand Ben Carpenter were the representatives for Seward. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Towsley thanked Lynda Paquette for posting the council meetings online. She agreed that voting on items was a good practice. Lane appreciated Lynda Paquettes concerns about city manager applications, but she felt they were public documents. She thanked Christiana Smith for speaking tonight. Squires said, in response to Carol Griswolds concerns, that a longer airport would enable the community to respond more effectively to emergencies. As well, the U.S. Coast Guard may also be able to use a longer runway. City of Seward, Alaska City Council Minutes February 25, 2019 Volume 40, Page EXECUTIVE SESSION Motion (McClure/Towsley) Go into executive session to evaluate the city attorney. Motion Passed Unanimous City Attorneys Will Earnhart and Holly Wells were invited to remain. Council went into executive session at 11:25 p.m. Council came out of executive session at 11:59 p.m. Go into executive session to consider applications for the permanent City Manager position. This will be discussed in executive session because the discussion might impact the reputation of the applicants and the consideration of selection materials that are required by the Seward City Code to be kept confidential. ADJOURNMENT The meeting was adjourned at 11:59 p.m. ____________________________________ ____________________________________ Brenda J. Ballou, MMC David Squires City Clerk Mayor (City Seal) AGENDA STATEMENT Meeting Date: March 11, 2019 From: Brenda Ballou, City Clerk Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: Gulf of Alaska Food Court Restaurant/Eating Place Public Convenience Seasonal License #4915 The City of Seward Police Department, Fire Department, Utilities Department, Leases Department, and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non-objection to the liquor license renewal for Gulf of Alaska Food Court. AGENDA STATEMENT Meeting Date: March 11, 2019 From: Brenda Ballou, City Clerk Agenda Item: Lifting the Protest of Liquor License Renewal BACKGROUND & JUSTIFICATION: On January 14, 2019, the City Council protested the liquor license renewal for the following business: Seasalt Alaskan Bar & Grill Beverage Dispensary License #822 The reason for the protest was the City of Seward Fire Department had concerns about fire and life safety features. Since that time, the business owners have worked with the Fire Department to remedy the issues. On March 5, 2019, the Fire Department conducted another inspection and signed off on compliance. RECOMMENDATION: Lift the protest the liquor license renewal for Seasalt Alaskan Bar & Grill, License #822, Beverage Dispensary. CITY PROJECTS & GOALS March 11, 2019 City Council Meeting 1.ADA ACCESSIBLE PARKING AT CITY HALL Council directed the city clerk to provide a history of why the location for municipal elections was moved from City Hall to the K.M. Rae Building, as it related to ADA accessibility. City Clerk history and status provided February 27, 2018. First floor restrooms currently under renovation to provide one large ADA-accessible family restroom, in addition to one mhe first- floor restrooms in City Hall were completed May 14, 2018. Fifth Avenue parking is not practical due to challenges with grade and distance; Adams Street parking must be reserved for Police Department access; Public Works is currently researching the feasibility of a modification to the SE corner of the back lot, as well as modifications to second floor restrooms. from Division of Elections (DOE); clerk worked with Public Works Director Doug Schoessler and Assistant City Manager Brennan Hickok to perform the analysis on September 12, 2018. The city clerk has furnished the DOE with results and is awaiting a response. Clerk received email from Acting Director at DOE apologizing for the delay in the analysis; the new Director would start January 2, 2019, and response should come soon thereafter. January 25, 2019 teleconference call with DOE, Brennan Hickok, Doug Schoessler, and city clerk to review results of analysis; results indicate that the voting location could potentially be moved back to city hall if the back parking lot were modified to allow for one or two van accessible spaces with a flat approach to the back door, and if the back door were widened by a minimum of two inches. 2.SET LOCATION FOR SATELLITE FIRE STATION AND PUBLIC WORKS BUILDING Administration is currently reviewing a concept public-private proposal to house the Quint (ladder truck) on the city-side of the bay.The Interim City Manager and Assistant City Manager met with the c5, 2018. Dawson is confident that the state will have a capital budget this coming session.The opportunity to push for this project as a State Legislative Priority will be coming to councilon December 10, 2018. 3.DISCUSSION ON AIR FORCE RECREATION CAMP SITE Council held a joint work session with the Planning & Zoning Commission on February 28, 2018. Directed administration to have Community Development bring forward multiple land use concepts. (Previous council work session was held September 25, 2017). April 9, 2018 work session to discuss development concepts.Following April 9, 2018 work session, administration has initiated the rezone of the property to Auto Commercial (AC), the replatting of lots generally as presented at the work session, and the creation of a subdivision and utility development plan. Ordinance 2018-009 introduced on October 8, 2018 amending the zoning and land use plan from Institutional to Auto Commercial; will come for public hearing and enactment on October 22, 2018. Administration will be putting out a Request for Proposal for on-call engineering services which will provide engineering, surveying and platting services for various City projects including the Air Force Recreation land. 4.SALTWATER HEAT PUMP PROJECT The state capital budget approved $725,000 for this project; cu signature. Administration is working with the design engineer to update costs and ROI models in order to identify any potential funding shortfall and prepare strategies for additional funding sources, if necessary. City Administration has received an estimated project cost of $965,000. The $240,000 difference will need to be funded by the City. This obligation includes in-kind and cash contributions as well as already spent funds on the testing well. We are currently waiting for grant documents from the Alaska Energy Authority. State lobbyist Kent Dawson expressed that the likely new Governor will be interested in Economic Development projects. The potential for expanding on this loop using state grant dollars exists. The City has received the Alaska Energy Authority grant documentation and is awaiting approval from City Council to authorize the City Manager to accept the grant money and grant terms. Approval was on the November 26, 2018 regular Council meeting agenda; the grant documents have been signed and sent back to the AEA. Staff has provided YourCleanEnergy with grant documents and is CITY PROJECTS & GOALS March 11, 2019 City Council Meeting awaiting a design and engineering proposal. YourCleanEnergy LLC has provided a design and engineering proposal for sole source contract consideration on the February 25, 2019 regular meeting agenda. YourCleanEnergy contract approved by Resolution 2019-022. 5.ENERGY EFFICIENCY OF CITY HALL See #4 Saltwater Heat Pump Project YourCleanEnergy and the building department have also identified the need for insulation in the basement of the City Hall Annex in support of the Heat Pump Project. The City will seek quotes for that portion of the project. 6.GROUND TRANSPORTATION FOR AMBULANCE SERVICES Directed administration to provide an update on ground transportation for ambulance services. 7.ANIMAL SHELTER IMPROVEMENTS (Council passed Resolution 2017-035, Authorizing Replacement Of The Roof Of The Seward Animal Shelter, In An Amount Not To Exceed $6,851.00, And Appropriating Funds.) March 19, 2018 work session; directed administration to look into potential locations and funding options.Resolution 2018- 049 approved at the May 29, 2018 meeting, authorizing the creation of the Animal Shelter Relocation Fund and approving start-up funds. Update: Resolution 2018-080 being considered on September 24, 2018 for council approval will relocate the Animal Shelter to Fort Raymond. Resolution 2018-080 was approved on September 24, 2018, providing land for the new shelter location. City staff is now conducting meetings with local organizations to discuss design, build, fund raising and funding efforts. Ordinance 2019-007 is being introduced on March 11, 2019 and will come for public hearing and enactment on March 26, 2019; this ordinance will amend the Land Uses Allowed Table to allow an animal shelter inthe Institutional Zoning District by CUP. 8.UPDATE THE KPB TSUNAMI WARNING MESSAGE TO INCLUDE SPECIFIC REFERENCE TO THE LOCAL RADIO STATION (91.7/106.1) Directed administration to provide an update on the status of modifying the tsunami warning announcement to include specific radio information, and also request the borough add a sticker to their brochures which identifies the Seward radio station. Resolution 2018-019 designated KIBH-FM 91.7 as uthorized the City Manager to work with borough to include radio station information in tsunami warning broadcasts. 9.INCENTIVIZE FAMILY ENTERTAINMENT-TYPE BUSINESSES TO COME TO SEWARD Zoning changes and Replat of the Air Force Rec Camp property will provide ample space and opportunity for such business. 10.AFFORDABLE HOUSING (INCLUDING SUMMER WORKER HOUSING) Council will hold a work session in May, 2018. (Previous council work sessions were held onMay 22, 2017, June 12, 2017, and July 11, 2017). Community Development will be discussing with Planning and Zoning assessment districts on October 16, 2018. The City will utilize the on-call engineering service to determine the costs associated with expanding utilities, paving roads and developing proper drainage for potential development districts. 11.SEWARD COMMUNITY HEALTH CARE CENTER EXPANSION Directed administration to provide an update on the Seward Community Health Care Center expansion. March 12, 2018 council meeting authorized to pay up to $1,500 in travel expenses for Jean Bardarson to travel with city representatives to Washington, DC in April, 2018 (April 14-18, 2018 trip to Washington, DC). A grant in the amount of $285,000 was awarded to the CHC for expanding access to quality CITY PROJECTS & GOALS March 11, 2019 City Council Meeting substance use disorder and mental health services. The CHC is using these funds to subcontract with Seaview Community Services to provide mental health services in support of the local schools. 12.BUILDING MAINTENANCE Public Works has been conducting their annual boiler inspections. General maintenance and repair is complete. Staff has identified the need to upgrade the heating controls for City Hall, City Hall Annex, and Community Center. Estimated cost for these upgrades is $200,000. Ongoing. Public Works has repaired the Senior Center elevator, a water pipe leak in the Library and Museum, and the Library and Museum emergency light system. 13.LED LIGHT CONVERSIONS Public Works replaced 15 fluorescent fixtures with LEDs in the City Hall Annex. A City shop office was upgraded to LED lights. 14.EXPLORE POSSIBILITIES FOR CREATING A REVENUE STREAM FOR THE ANIMAL SHELTER AND SOS PETS Staff and organizing groups have indicated that a dog washing station will be included in the design and build of the new Animal Shelter. 15.PURSUE AVENUES TO INCREASE WINTER RECREATION OPPORTUNITIES 16.CONDUCT CITY-WIDE DISASTER EXERCISE TO INCLUDE MOVING RESOURCES, EVACUATION FO THE PUBLIC, ENGAGING OUTSIDE AGENCIES, AND PUBLIC INFORMATION DISSEMINATION On March 6 and 7, 2019 the City will be participating in a table top exercise with the Army Corps of Engineers and the Alaska Silver Jackets to simulate the failure of the Lowell Canyon Dam. This exercise will provide the City with a template for conducting a City-wide exercise in the future. Staff is currently pla7, 2019. 17.EXTEND CITY UTILITIES INTO VIABLE AREAS TO SUPPORT FUTURE RESIDENTIAL HOUSING Community Development will be discussing with Planning and Zoning assessment districts on October 16, 2018. The City will utilize the on-call engineering service to determine the costs associated with expanding utilities, paving roads and developing proper drainage for potential development districts. Resolution 2019-024 is being brought for approval on March 11, 2019 to contract with R&M Consultants for on-call engineering services. 18. IMPROVE COUNCIL CHAMBERS TO ALLOW CITIZENS TO MORE CLEARLY HEAR AND EXPERIENCE MEETINGS The City Clerk placed an order through the MIS department for a Polycom teleconference device for council chambersone until the new one arrives. In addition, a mid-cycle budget amendment will be requested to replace some of the broadcasting equipment. At the February 11, 2019 work session, council reviewed a request for $10,000 to be added to the 2019 budget, and directed the city manager to bring forward a resolution to amend the budget. Mid-cycle budget amendments were approved by council in Resolution 2019-021; included were funds for improving the audience experience addressing ceiling speakers, microphones, camera, and video recording. CITY PROJECTS & GOALS March 11, 2019 City Council Meeting 19.IMPROVE CITY WEBSITE TO INCREASE EASE OF USE BY THE PUBLIC In July, 2018 council directed the city clerk to seek ways to increase the ease of use of the city website by citizens. On October 1, 2018 the city clerk was informed by the current website vendor, CivicPlus, that as of July 1, 2019 the company would no longer make any maintenance fixes, and as of December 31, 2019 the company would no longer support the current platform. The city clerk researched upgrade and redesign options with several companies, including CivicPlus, Municode, Revize, Alopex, and Granicus. A mid-cycle budget amendment was requested at the February 11, 2019 city council work session in anticipation of working with one of these companies. The work will be completed by year end 2019. On March 4, 2019, the city selected to move forward with Granicus; a resolution to approve the contract will come to council on March 26, 2019. 20.RETAINING WALL AT CITY HALL At the direction of council, administration will issue a Request for Proposals for the construction of a new retaining wall and guard railing, where required, for the raised parking lot area at the north end of City Hall. 21.LOWELL POINT ROAD STORM DAMAGE REPAIR The Request for Proposals for the engineering will be out as soon as the City receives the work sheets back from the Department of Homeland Security. As soon as the design is complete, the contractor will then put out a bid packet and select a contractor. Construction is estimated to begin in the spring of 2019. The Design and Engineering contract is on the regular meeting agenda for on February 11, 2019. Contract with PND approved by council on February 11, 2019. CITY PROJECTS & GOALS March 11, 2019 City Council Meeting COUNCIL COMMITTEES 1.AD HOC COMMITTEE FOR CITY PERSONNEL MATTERS February 26, 2018, council created an Ad Hoc Committee consisting of Council Member Horn, Council Member Casagranda, and Mayor Squires to work with administration to develop a Request for Proposals for conducting a third-party investigation of city personnel matters. At the May 29, 2018 council meeting, the city manager was directed to contact the DCRA and arrange for an audit of administration, personnel, and council. Based on the results of that event, council will decide whether or not to continue with this committee. At the August 13, 2018 meeting, Assistant City beyond the scope of their duties/capabilities.Assistant City Manager Brennan Hickok reported at the September 10, 2018 that he had sent an email to council on August 31, 2018 with responses from the DCRA regarding Title 29 (Municipal Government) training they could provide, if council wishes. Request for Proposal has been sent to committee members. Group should meet to discuss. November 26, 2018 Council Member Towsley replaced Casagranda on the committee. Committees sunset at the end of their mission, but no later than the end of each fiscal year, unless specifically continued by the council for a specified period of time. COMPLETED PROJECTS 1.RESEARCH ELECTED/APPOINTED OFFICIAL TELECONFERENCING POSSIBILITIES FOR MEETINGS Directed the city attorney to provide advice on teleconferencing possibilities for elected and appointed officials. City Attorney opinion provided February 14, 2018. 2.INVESTIGATION INTO CLAIMS OF DEFAMATION AND FRAUD Report delivered by Interim City Manager Bridges to City Council and the public on October 22, 2018. NOTES hold on 1/17/19. Towsley put this request on Pending PendingPendingPendingPendingPendingPendingPendingPending RESPONSE PROVIDED o No NoNoNoNoNoNNo Yes CITY ATTORNEY EMAIL SENT TO 4, 2019 City Council meeting (12/10/18) (7/5 & 9/25) MANAGER Yes (2/6/19) March Yes (1/29/19)Yes (1/29/19)Yes (2/13/19)Yes (2/19/19)Yes (2/20/19)Yes (2/21/19) MANAGER & Yes Yes ASSISTANT CITY EMAIL SENT TO CITY 11, 2019 - City Clerk’s Report dd ity a March Report through position REQUESTS FOR PUBLIC RECORDS , as well as other ” Updated for party Officer & Premiums for Health, (Summary) Department Assistant (Electric) 2016, 2017, and 2019 mails that mention this process from Nov. 2018 to present s for the property formerly known DOCUMENT REQUESTED Oriental Garden and Peninsula Communications “ City Manager of the City of Seward Police Officers; 3. Current Benefit field engineer (Electric) & Admin. Record of storage/moorage fees for 1. Current Police Officer Collective any e Army Corp. of Engineers 1965 Post Financial Transactions Between CAssistant positions to the IBEW, and Earthquake Study Waterfront Depths Sheets for Health, Vision, and Dental as regarding the Council direction to city building permits held by the same Benefits documents for Seward Police Contributions Sept. 17, 2018 from or to K. Erchinger of Applications submitted for the Insurance for Police Officer; 4. Current Vision, and Dental Insurance for Police Effect; 2. Wage Scales for All Ranks of Copies of any open or pending building from or to the city manager, ACM, HR, Electric Dept. Field Engineer & Admin. Bargaining Agreement & Any MOUs in Report of all building permits processed permit All emails from March 29, 2018 through Electric Dept. Manager, finance director, Earl Brock Carl Torres Liz LoCurto Kyle WalkerKyle Walker Suzi Towsley Brad Snowden Olivia Wotman Wolfgang Kurtz REQUESTED BY , 2018 DATE RECEIVED July 5 Feb. 6, 2019 Jan 28, 2019Jan 29, 2019 Dec 10, 2018 Feb. 13, 2019Feb. 19, 2019Feb. 20, 2019Feb. 21, 2019 PENDING REQUESTS To SPDTo SPD be continued on 3/11/19. City Attorneys Review will PendingPendingPendingPendingPending NoNoNoNoNo 4, 2019 NoNo City Council meeting Yes (3/1/19)Yes (3/1/19) March Yes (2/25/19) 11, 2019 City Clerk’s Report the March Report through and any bond REQUESTS FOR PUBLIC RECORDS Updated for s review on Feb. 25, 2019 ’ for Gateway Subdivision Police ReportPolice Report s agreement All public documents pertaining to Project narrative preliminary plans and Report of Residential Building Permits City Attorney construction cost estimates Laurie Fay Jean Lewis Lexis Nexis John Wisel II Anthony Baclaan 2019201920192019 March 1, March 1, March 4, March 4, Feb. 25, 2019 NOTES 2/12/192/14/192/19/192/22/192/28/19 RESPONSE PROVIDED Request on 2/26/19 Requestor Rescinded NoNoNoNoNo Yes EMAIL SENT TO CITY ATTORNEY 4, 2019 ASSISTANT NoNoNo No YesYes City Council meeting March CITY MANAGER EMAIL SENT TO CITY 11, 2019 MANAGER & City Clerk’s Report March Report through REQUESTS FOR PUBLIC RECORDS Updated for (Summary) Police ReportPolice ReportPolice ReportPolice Report DOCUMENT REQUESTED Letter from Sarah Spanos to Council Emails concerning City Manager applicants Paul Denino Kyle WalkerKyle Walker Kyle Hopkins Edward Boone Sally Wassillie REQUESTED BY DATE Feb. 4, 2019 RECEIVED Jan. 30, 2019 Feb. 19, 2019Feb. 21, 2019Feb. 22, 2019Feb. 25, 2019 COMPLETED REQUESTS