HomeMy WebLinkAbout10082018 City Council Packet Seward City Council
Agenda Packet
Termination Dust in Cooper Landing, by Glenn Flothe
Monday, October 8, 2018
City Council Chambers Beginning at 7:00 p.m.
1963 1965 2005 The City of Seward,Alaska
CITY COUNCIL MEETING AGENDA
AII-AmericaCity
{Please silence all cellular phones during the meeting}
October 8, 2018 7:00 p.m. Council Chambers
David Squires 1. CALL TO ORDER
Mayor 2. PLEDGE OF ALLEGIANCE
Term Expires 2019 3. ROLL CALL
4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT
Marianna Keil THOSE ITEMS SCHEDULED FOR PUBLIC HEARING
Vice Mayor [Those who have signed in will be given the first opportunity to speak.
Term Expires 2018 Time is limited to 3 minutes per speaker and 36 minutes total time for
this agenda item.]
Ristine Casagranda 5. APPROVAL OF AGENDA AND CONSENT AGENDA
Council Member [Approval of Consent Agenda passes all routine items indicated by
asterisk(*). Consent Agenda items are not considered separately unless
Term Expires 2018 a council member so requests. In the event of such a request, the item is
returned to the Regular Agenda]
Sue McClure
Council Member 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS
Term Expires 2019 A. Proclamations and Awards —None
B. Borough Assembly Report
Suzi Towsley C. City Manager Report ...................................... Pg. 3
Council Member D. City Attorney Report ..................................... Pg. 13
Term Expires 2019 [The City Attorney Report in tonight's agenda packet was provided
on September 24, 2018 and will be discussed tonight.]
Jeremy Horn E. Other Reports and Presentations
Council Member 1. Pebble Mine
Term Expires 2019 2. Stand for Salmon
Sharyl Seese
Council Member
Term Expires 2018
Jeff Bridges
Interim City Manager
Brenda Ballou
City Clerk
Will Earnhart
City Attorney
City of Seward, Alaska Council Agenda
October 8, 2018 Page I
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7. PUBLIC HEARINGS —None
8. UNFINISHED BUSINESS
9. NEW BUSINESS
A. Ordinances for Introduction
*1. Ordinance 2018-009, Amending The Zoning And Land Use Plan Designation Of City
Owned Lot 7A, Fort Raymond Subdivision Replat Number 1, Located At 2101
Dimond Boulevard, From Institutional (INS) To Auto Commercial (AC). ...... Pg. 18
B. Resolutions
1. Resolution 2018-081, Authorizing The City Manager To Enter Into A Sole Source
Contract For The Amount Of $88,000 With Your Clean Energy To Study The Costs
And Feasibility Of A Hydroelectric Project In Lowell Canyon And Produce A
Report, And Appropriating Funds. ..................................................... Pg. 25
C. Other New Business Items
*1. Approval of the September 24, 2018 Regular Meeting Minutes. .................. Pg. 43
*2. Approval of the August 20, 2018 Special Meeting Minutes. ...................... Pg. 56
*3. Approval of the October 1, 2018 Special Meeting Minutes.
*4. Certification of the October 2, 2018 City of Seward Election. .................... Pg. 59
5. Review the city's Federal Priorities List, and confirm the critical topics for the
mayor's visit to Washington, D.C. (Squires) ......................................... Pg. 63
6. Discuss city attorney memo regarding potential conflicts of interest arising from
charitable contributions to council members. (Keil) ................................ Pg. 67
10. INFORMATIONAL ITEMS AND REPORTS (No Action Required)
A. Letter Accepting Invitation to Visit Obihiro, Japan for 50th Anniversary of Sister City.
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ......... Pg. 71
B. Clerk's Report on Public Records Request for September, 2018. ... ... ... ... .... Pg. 72
C. On-Going City Projects and Goals. ... ... ... ... ... ... ... ... ... ... ... ... ... .......... ... ... Pg. 74
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 city attorney.
B. Go into executive session to discuss the city clerk contract.
15. ADJOURNMENT
City of Seward, Alaska Council Agenda
October 8, 2018 Page 2
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CITY OF SEWARD Jeff Bridges,Interim City Manager
P.O. Box 167 Telephone (907) 224-4047
Seward,AK 99664 Facsimile (907) 224-4038
MANAGER'S REPORT
SEPTEMBER 24, 2018 —OCTOBER 3,2018
The following purchase orders between$10,000 and $50,000 have been approved by the City Manager since
the last council meeting:
DATE DEPT TO WHO WHAT FOR AMOUNT
09/27/18 Parking AK Sure Seal Scaling & paving parkinglots $23,000.00
09/27/18 Harbor Hamilton Replace S. Harbor launch $2,313,154.80
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ADMINISTRATION
City Manager's Report September 17—28, 2018
Monday September 17, 2018
8:15 am. Meeting with GeNeil Flaherty.
9:00 am Introductory Staff Meeting.
10:30 am Meeting with Mike Meeks of the MIS Department.
12:00 pm. Meeting with Chief Clemons and facility tour.
Meeting with former Acting City Manager Athey and Assistant City Manager Hickok to review status of
projects and programs.
1:00 pm—3:30. Facility tours.
4:00 pm. Meeting with Finance Director Erchinger.
7:00 pm. Bear Creek Flood Service Area Board meeting.
Tuesday, September 18, 2018
9:00 am. Meeting with Vice Mayor Keil.
10:00 am. Meeting with Council Member McClure.
11:00 am. Meeting with Council Member Towsley.
1:00 pm. Facility tours.
4:00 pm. Council Member Casagranda.
6:00 pm. Planning and Zoning work session.
Wednesday, September 19, 2018
9:00 am. Staff Meeting
Review outstanding Freedom of Information Requests.
Gather documents for projects and background information on various issues.
11:00 am. Meeting with Ron Holt to get status of various items.
1:30 pm. Meeting with Mayor Squires.
2:30 pm. Meeting with Riley Shurtleff Personnel Officer.
4:00 pm. Conference call with City Attorney Will Earnhart.
6:30 pm. Historic Preservation Meeting.
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Thursday, September 20,2018
9:00 am. Meeting with Cindy Clock—Seward Chamber of Commerce.
10:00 am. Meeting with Council Member Seese.
1:00 pm. Facility Tour—Electric system.
Friday, September 21, 2018
7:30 am. Facility Tour—Public Works.
9:30 am. Facility Tour—Harbor.
12:00 pm. City Council work session.
2:30 am. Tour of Seward Industrial Marine Center,
Saturday, September 22, 2018
12:00 pm. Tour of the Jesse Lee Home with Doreen Lorenz.
5:00 pm. Blue Pipeline Open House.
7:00 pm. Ride along with the Seward Police Department.
Monday, September 24, 2018
9:30 am. Tour of Icicle Seafoods.
10:30 am. Meeting with Christy Terry, Port Manager of the Alaska Railroad Terminal.
2:30 pm. Conference call with City Attorney Will Earnhart.
7:00 pm. City Council Meeting.
Tuesday, September 25, 2018
10:00 am. Meeting with Jason Ebberson of the IBEW Local.
11:00 am. Meeting with Brenda Ballou, City Clerk.
1:00 pm. Meeting with Council Member Horn.
3:30 pm. Meeting regarding the Transco project.
5:00 pm. Continuation of the City Council meeting of September 24, 2018.
6:00 pm. City Council work session.
Wednesday, September 26, 2018
8:00 am. Meeting on personnel matter.
9:00 am. Staff meeting.
1:00 pm. Meeting with Council Members Casagranda and Horn regarding Request for Proposal for review of
city operations.
2:00 pm. Meeting on the Short-Term Lodging applications and regulations.
3:30 pm. Meeting with Valarie Kingsland Library and Museum Director.
5:00 pm. Meet the City Council candidates.
Thursday, September 27,2018
Begun work on the investigation requested by the City Council on the charges of defamation of Council
Member Towsley by Finance Director Erchinger and the charges of fraud by former employee Suzanne
Towsley by Finance Director Erchinger.
2.00 pm. Tour of the heat pump system at the Alaska Sea Life Center.
Friday, September 28, 2018
9:00 Tim Dillion, Kenai Peninsula Economic Development Director.
10:00 am—5:00 pm. Alaska Sea Life Center Board meeting (The city's board seat is vacant awaiting a
permanent city manager. I was invited as a guest.
6:00 pm. Alaska Sea Life Center Board dinner.
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HARBOR
• The Harbormaster conducted meetings with Hamilton Construction and R&M for the Breakwater project on.
08/30/18, 9-6-18 and 9-13-18.
• The 330 ton will require a two-day shut down when the paving company shows up.
• The Harbormaster conducted a pre-construction meeting with PND and Hamilton Construction on 9-21-18
for the South Harbor Launch Ramp.
• The new fisherman float is in place. The electrical and water are being installed.
• The piling has been installed at the North Dock. We are now waiting on the fenders to be installed which
should be around early October.
• The crane has been installed and has been tested to lift 16,000 lbs. O
• Both the 50-ton and the 330-ton boat lifts are still quite busy with everyone wanting out of the water before
winter sets in.
• The water to the floats will be shut off the first week of October. We have 4 sites we will supply year-round
with 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.
• The Harbormasters Conference is next week with roughly 100 people and some with family.
• During the Conference the Governor will be signing SB92 -the Derelict Vessel Act Thursday October 11 at
9:45 to 10:15. The Harbormasters association along with many other entities have been working a long time
to toughen the laws to help out municipalities with the derelict vessels problem.
PUBLIC WORKS
Director:
We have been working with the Flood Board on City issues and possible joint agency projects. Honored Mike
McHone as he retired. Met with Interim City Manager Jeff Bridges. Attended inspections for the paint on the
water tank project with the contractor, subcontractor, and independent inspector. All tests passed.
Streets
Completed paving patches around town. Graded gravel roads. Utilized part of the crew to install the LED
lights at the Planner office in the Annex. We are hoping to still replace a few culverts this fall.
Shop:
Preventive maintenance work on many vehicles is continuing. We have repairs on vehicles from Parks and Rec
that were recently vandalized overnight at their warehouse. Police reports were filed.
Buildings:
We worked at Annex to replace failed existing lights with new LED lighting. Old pneumatic heating controls
are needing replacement or upgrade in the very new future at City Hall, Annex, and the Community Center. We
are looking at options to improve heat controls in these older buildings.
Water, Wastewater Utilities:
Sewer lines flushing is almost complete. Seasonal water shut offs are next to prevent frozen water lines.
Personnel are also working on boilers and heat system controls in all buildings.
The water tank paint is curing, and the contractor will install the new siding(with insulation) on the outside of
the tank in the next few weeks.
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Outside of Water Tank—New Paint. Inside of Water Tank—New Paint
PARKS AND RECREATION
Teen Rec Room (TRR)
Attendance for month of September through 9/27
• 49 middle school and 11 high school students for a total of 60 attendees
Upcoming events
• Middle School Dance Party at TRR, Friday October 5th 7:00-10:00 pm
• High School Halloween Dance Party at TRR, Friday October 261h, time TBD
• Pumpkin Prowl, October 27th at 6:30PM, Family Masquerade to follow 7:00-9.00 pm
• Halloween Carnival, October 31 st at railroad terminal
Projects
• Seasonal decorating
• Organizing activities and music for middle school and high school dance parties
Sports & Recreation
Fall 2018 sports leagues registration is still open for Recreation Volleyball, Competitive Volleyball, Adult
Basketball, and Adult Racquetball.
• SPRD Sauna is open for fall 2018 season. Sauna is open Tuesday through Thursday, 6:30 to 8:30 pm,
with alternate hours for male and:Female visitors.
• Sports and Recreation is hosting our first ever, Annual Pass, PFD sale starting October 1 through 30.
Annual passes will be 50% regular price, or$150. Rock wall annual passes are regularly $600, PFD sale
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is $300, this month only, include rock wall use, and the use of the rest of the facility during all open
hours. Tot, youth, and elder annual passes are also on sale for a PFD price of S150, during October,
only.
• SPRD is hosting a Spooky Skate Friday October 19, from 5:00 - 7:00 pm. Costumes with high visibility
are encouraged!
• The Sports &Rec office at the AVTEC Gym will close early, at 5 pm, on Wednesday, Oct 31 for the
Halloween Carnival. All ages are invited and welcomed to the Carnival. Entry is free, but bring some
cash to pay for games and purchase foods and desserts.
Campground & Park Maintenance
• "Winter Camping"rates, places and regulations are in effect now through April 14, 2019, since `summer
camping' has closed. Camping is allowed in Resurrection campground only, as identified by our SPRD
maps and signs. The community of Seward has enjoyed a warm and sunny September, which has
extended our busy, record-breaking attendance and record-breaking revenue season. It has been
enjoyable to see families, many Alaskans, enjoying Seward each, beautiful weekend.
• Preparing for winter: water shutdowns, moving supplies and inventory to storage.
• We are seeking adult volunteers to help with City maintenance projects.
Teen & Youth Center(TYC)
• TYC hosts After School Program Monday through Friday, with skating, playgrounds, relay races, crafts,
snack room fun and more.
• TYC is recruiting youth and tweens in grades 5 through 8 for Junior and Youth Leadership Councils.
• First Friday Fun for Fifth Graders: Friday, Oct 5. Games, food and music
• Pumpkin Prowl will be held Sat, Oct 27 at 6:30 pm
• Family Masquerade Ball Sat Oct 27 at 7 pm
• Halloween Carnival Wednesday Oct 31 from 6 to 9 pm
Paid Parking has closed for the winter. We will continue to collect unpaid parking tickets.
COMMUNITY LIBRARY AND MUSEUM
News and Updates
New Curator!
Please join us in a hearty welcome to our new Curator of Collections and Exhibits, Leslie Fried, who starts
October 6 hI Ms. Fried has a BA in Fine and Applied Arts from the University of Oregon and holds a Masters
in Library and Information Science and a Graduate Certificate in Museology from the University of
Washington. She has served as Curator at the Alaska Jewish Museum for the last seven years, during which
time she has received several awards for her museum exhibits and work. Previous employment focused upon
exhibition content development and design, oral history, research and writing. She was also a scenic artist for
theatre, film and television for 30 years as well as the proprietor of her own decorative painting company. Ms.
Fried enjoys creating connections between people through the interpretation of history and memory through her
writing as well as through community outreach and educational programming. We look forward to working
with her!
Passports
The Library Museum is a U.S. Passport Acceptance Agency, which allows us to accept U.S. passport
applications under the guidelines of and on behalf of the United States Department of State. Due to the issues
with the Alaska state identification cards and the Real ID Act,there has been a rise in U.S. Passport questions
and requests for appointments.
It is recommended that applications be submitted at least two months prior to need. People may schedule an
appointment once all parts of the application are fully prepared. Note that we have limited staff availability due
to the many other duties that Library Museum staff are required to fulfill. Other locations for Passport
Acceptance Agencies are the Cooper Landing, Soldotna, Kenai and Anchorage Post Offices.
Visit our website www.cityofseward.us/libmus and select Passports from the menu on the left for a checklist of
what you need to apply for a passport and more information.
Alaska Real ID Issuance
The new designed Real ID cards will be available beginning January 2, 2019.
Alaska Real ID Extension
The Department of Homeland Security has approved Alaska's extension thru June 1, 2019,
Alaska Read ID Enforcement
Starting June 1, 2019, Alaska residents will need to present a REAL ID compliant license/lD, or another
acceptable form of identification, for accessing Federal facilities, entering nuclear power plants, and boarding
commercial aircraft.
Visit the Alaska DMV website at doa.aaska.gov/dmv/akol/ID%2ONews.htm for more information.
Upcoming Programs
Five Alaskan Authors Pro$4ram
Tuesday, October 9, 2018 at 5:30pm, Community Room
This program is to promote and inspire Alaskans to write and publish their own works during Alaska Book
Week October 7-13, 2018. Patrons can come hear diverse stories about The Great Land from a unique
assortment of authors. You don't want to miss this special event!
Play Time
Every Saturday Noon-4:00pm, Children's Room
Come check out our collection of themed books, a new assortment of toys, and other activities! Each week has
a new theme and selection.
Story Time
Featuring the Seward Fire Department as a special guest on Friday, October 101 at 11am1
The Seward Public Health Nurse,Amanda McKinley will be talking about Kid Preparedness for Natural
Disasters on 9/5. The Seward Fire Department will come to talk about October being Fire Prevention Month on
9/12. We will also have a spider themed Story Time on 9/12 and a Costume Party on 9/26. Children aged up to
preschool and their caregivers are welcome to this special event!
Seward Community Book Club
Begins Saturday, October 20, 2018 at 11am in the Upstairs Meeting Room
The Community Book Club will be the third Saturday of every month starting in September through April. Our
first book will be the Alaska Reads selected book, Steam Laundry by Nicole Stellon O'Donnell. This novel of
poems is the true story of a miner's wife during the Klondike and Alaska Gold Rushes. The written verse takes
the compelling stories of love, loss, failure, and desire within turn of the century Alaska. Patrons can pick up a
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copy at the Library Front Desk or can access the book through the Alaska Digital Library adl.overdrive.com
where patrons can download the book or audiobook for FREE. All they need is their library card number and
they can get instant access. Don't forget to bring a tasty dish to share!
Social Security 101: Everything You Wanted to Know About Social Security
Monday, October 22, 2018, 12:00-1:30pm,Meeting Room
A FREE OWL workshop from Social Security will 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 a my Social Security account and print out your Social
Security Statement before attending the workshop.
Community Conversations
Tuesday, Oct 30,2018, 6:00-7:30 pm, Community Room, light refreshments
Do you believe in the power of conversation to enhance our lives and communities? We had a genuine and
insightful discussion about being Homeless in the Great Land, and more specifically in Seward, on Sept.
25th We all walked away with a better understanding of what it means to be homeless in Seward and the
breadth of the needs as well as some ideas how to help. Many thanks to those who attended!
Join us on October 30th for a discussion about Women in the Military. What stories do we tell about women
in the military? How do our stories shape women's choices and experiences? This conversation's springboard is
"Stories We Tell and Stories We Don't," an article from FORUM magazine by Shannon Huffman Polson, a
born and raised Alaskan and one of the first women to fly the Apache helicopter in the US aimy. You may read
the article ahead of time at issuu.comlalaskahumanitiesforum/docs/web 1 forum fa112017/27.
Many thanks for the Alaska Humanities Forum for the Facilitator Training Workshop in July, and the
Kindling Conversation Kit and support for this program! This new program kicks off with an Alaska
Humanities Forum Kindling Conversation Program. Send ideas for future Community Conversations to
Director Kingsland at vkin sg land@cityofseward.net.
511 Annual Open House
Saturday, November 1011, 1-4pm, Building Wide
Join us for this special event for all ages and community members to celebrate our community with live music,
fun activities, raffle prizes and food after our busy summer and shoulder seasons. Mark your calendars and stay
tuned for more details!
Frankenreads
Saturday, November 17', llam-Noon,Meeting Room
The Seward Community Book Club will discuss Frankenstein, Or the Modern Prometheus by Mary
Shelley,which will be ready for checkout by October 8th. This year is the 200t" Anniversary since Shelley's
original novel was published. We will be participating in an international celebration by having community
members read the book during Halloween 2018. We will also have a Frankenstein inspired books and materials
on display and available for check out. Check out frankenreads.org for more information!
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ELECTRIC
Number of new Job Orders started since Jan. 1, 2018: (38)
End of Construction Season
(new job orders deadline is 9/28, tentative end of construction is 10/19)
- As always, the electric department will attempt to install/construct as many new jobs as the weather allows.
*HIGHLIGHT*
• The Line Crew did an outstanding job clearing and cleaning up the north pole yard.
• The Line Crew is currently doing clearing along Nash Road when weather and time from new jobs
allow.
• The test flight &test landing for Lowell Point emergency landing station is scheduled for October 18th.
• The Line Crew installed the service line for the SMIC North Dock crane.
• Thank you to Eric Myers of American Transmission Company (ATC) and Dan Shay and David Thomas
of Homer Electric Association for their presentation on the TRANSCO and for answering question. If
City Management or any City Council members have any additional follow-up questions, please submit
them to the Electric Department(John Foutz) and we will get them answered for you.
FINANCE
The finance department is pleased to announce that the Comprehensive Annual Financial Report for the year
ended 12/31/2017 has been posted on the City's website under Document Center—Finance—CAFRs. The
public is invited to call with any questions they may have about the City's financial performance.
The Seward Community Health Center has been awarded a new grant in the total amount of$285,000 for
Expanding Access to Quality Substance Use Disorder and Mental Health Services. This grant includes $25,000
in one-time funding. Staff is meeting with Seaview Community Services and the CHC to discuss how these
funds can be used to strengthen the collaboration between Seaview and the CHC and assist Seaview in their
primary mission of serving individuals in Seward who struggle with substance abuse and behavioral health
challenges.
Finance staff have met with members of the Providence Anchorage finance team and are working to identify a
strategy for addressing the rising liability between PSMC and PAMC. On a positive note, the census at Seward
Mountain Haven has been hovering around 38 which is much improved over the previous years' census figures,
and the Providence team believes that the improved census figures are sustainable in the medium term. This
improvement will go a long way to helping to reduce the liabilities which have been largely caused by the fact
that in the rebase year, low census figures had the effect of capping the reimbursement rates at significantly less
than actual costs, and those new rates persist over a period of three years. We expect to be able to provide a
more detailed report in October, when the Anchorage finance team will be prepared to report out to the City and
the Council.
Finance Director Kristin Erchinger has been selected to serve as a member of the Government Finance Officers
Association Special Review Committee for the Certificate of Achievement for Excellence in Financial
Reporting Program. This program has been a major force in improving the quality of financial reporting for
state and local governments.
The finance department extends a warm welcome to Becky Roy who has joined our team in the roll of Payroll
Technician. Becky is hitting the ground running and will be attending Employee Benefits training with the
State of Alaska to assist public employees with PERS. and IRS questions.
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Providence has announced that the executive director of PSMC, Joseph Fong, will be departing Seward to
pursue another career opportunity, and we wish Joe and his family well. Joe helped Seward navigate the
challenges associated with the transition from a hospital-based clinic to the community health center clinic
model, and he and his staff have been true partners in strengthening Seward's healthcare system and its safety
net programs. Please join me in thanking Joe for his many years of devotion to improving the delivery of
quality healthcare for families in Seward.
COMMUNITY DEVELOPMENT
Community Development Department would like to remind everyone that Code Compliance focuses on
education and compliance with all Seward City codes and ordinances that may affect the City's quality of life,
its aesthetics, and the welfare of its citizens. Through our Seward.City codes and ordinances, the City Council
sets minimum requirements and standards regarding property and structures to promote and protect the public
health, convenience, order, and general safety of all its citizens. These minimum standards are designed to
preserve and improve the quality of life for present and future citizens of the City and promote a sense of
community, facilitate clean and peaceful neighborhoods. Preservation and improvement should be recognized
by our City leaders as it is necessary to prevent the deterioration of our surroundings and enhance our quality of
life. The most effective means of improving our community is through voluntary compliance, so educating and
guiding our citizens is our top priority.
Here are a few of the highlights of what we have been working on:
• Audit of all Lodging permits from 2014-2017 is still in process. Community Development and City
Staff are working to making a new permit that can be used by all departments instead of multiple
applications for lodging, fire inspections, bed tax, utilities, business license and Community Development.
We plan on having a meeting with the Seward Chamber and all lodging businesses in the near future. We
would like their input on the application and code.
• Review of Development Requirements - With the need of housing trend continuing it is even more
critical that we continue to work together to ensure that all of our residents, old and new and those still to
come, enjoy a community rich in opportunities and with a quality of life that we can all be proud of.
• Fulfilled directives from the Planning& Zoning Commission and City Council, while responding to
community concerns and desires.
a. Animal Shelter
b. Fort Raymond property rezone
c. Lodging review
d. Sign code
e. Assessment districts
• Update of forms/applications on City webpage
• We are happy to introduce our Seward GIS Zoning Map -this link will allow everyone to view our City
Zoning-please note this is the first of many options that our GIS will soon provide. Our goal is to give
citizens the ability to see, Cemetery information, water, sewer & electric connections as well as current
Kenai Peninsula Borough information. You can access the zoning map on at www.cityofseward.us >
Departments>Community Development>middle of page Seward GIS Zoning Map.
While I am proud of our accomplishments, I am particularly grateful for our community's involvement in these
projects, which has resulted in tangible improvements to our office and the City code. I have also attached a
copy of our June 2018 Did you Know-topic Lodging. We would like to remind everyone that we have a
Planning and Zoning work session on October 16, 2018 @ 6:00 p.m. Topic will be Subdivisions and
Assessment Districts with our rescheduled regular meeting following at 7:00 p.m. in council chambers.
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Permitting for Nightly Lodging in 3 steps: I
What You Need to Know
1. Contact the City Clerk's office to obtain the required permit paperwork. Permits
are also available at: www.cityofseward.us/DocumentCenter/
2. Community Development reviews the lodging permit for proper zoning and
land use code requirements
3. The Seward Fire Department conducts a life safety inspection, you may
contact SFD any time during normal business hours
Before initiating the application process, please feel free to contact the
Community Development Department with any questions you may have.
Planning staff is available Monday through Friday from SAM — 5PM
Jackie C. Wilde, Planner 224-4048 or Andy Bacon, Planning Assistant 224-4049
238 Fifth Avenue, at the corner of Fifth and Adams
1 I I' r 1 / • 1 1 1 r • • I I I I '
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Birch Horton Bittner & Cherot
a professional corporalion William A. Earnhart
Respond to Anchorage Office
T 907.263.7285 • F 907.276.3680
weamhart@bhb.com
September 17, 2018
Mayor and Members of the City Council
City of Seward
P.O. Box 167
Seward, AK 99664
RE: City Attorney Report for the period of August 1, 2018 through August 31, 2018
Dear Mayor and City Council:
The following provides a general summary of work performed for the City during the
month of August, 2018, and the assignments, cases, and projects that generated this work. The
categories are organized by open matters in our office.
1. General Matters: Attorneys from our office researched, analyzed, and
responded to various issues raised by the City during the month of August, including:
evaluating and responding to public records requests; analyzing a conflict of interest
issue regarding GoFundMe; revising documents related to a recall election; attending
the August Council meeting; revising the interim manager contract, advising on various
personnel issues; advising on public records issues; advising on allegations of fraud;
and advising on issues related to various referendums and proposed ordinances.
2. Hamilton Construction_ Contract: Attorney Adam Cook Garrett reviewed
and provided comments on the Hamilton Construction contract in short order.
3. Organizing Activity: Attorney Will Earn- hart responded to numerous
matters raised by IBEW and APEA in regard to negotiations and employee
management issues, has been working with the administration in preparation for
negotiations, and advised on the effect of referendums on existing code.
4. Total Hours Billed. The total number of hours billed by the firm for August
2018 is 160.2 hours. We have attached a chart of fees billed for both July and August
and a historic fee chart for reference
Please contact me if you have any questions or desire additional information on
any of the matters discussed above.
510 L Street, Suite 700,Anchorage,Alaska 99501-1959 1100 Connecticut Ave., NW, Ste. 825,Washington, D.C. 20036
T 907 276.1550•800.478 1550• F 907.276.36801 T 202.659.5800•888.482.4727• F 202.659.1027
507486\1 006\00750872
Birch Horton Bittner & Cherot
a profeesionat mrporatinn
Mayor and Members of the City Council
September 17, 2018
Page 2 of 2
Sincerely,
BIRCH HORTON BITTNER & CHEROT
William A. Earnhart
cc: Acting City Manager
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507486\1006\00750872
Birch Horton Bittner Cherot
Summary by Category
City of Seward
July 2017 and July 2018
July 2017
Amount
Public Records 838.50
Ci Council Directed 838.50
Public Records
Litigation 107.50
Contracts/Land 3,397.00
GRAND TOTAL 5,181.501 City Council
Directed
Litigation
Contracts/Land
July 2018 Public Records
Cade
Public Records 610.00 ■Personnel
Personnel 11,215.50
City Council Directed 21,311.50
Recall Petition 1,426.00 City Council
Labor 2,475.00 Directed
Contracts/Land 2,910.00
Recall Petition
GRAND TOTAL 39,948.00
e Labor
15
507486\1 006\FEEANA-4
Birch Horton Bittner Cherot
Summary by Category
City of Seward
August 2017 and August 2018
August 2017
Cat
Public Records 193.50 ■ Public Records
City Council Directed 2,021.00
Litigation 64.50
Labor 215.00 �-City Council
Directed
Contracts/Land 2,881.00
GRAND TOTAL 5,375.00 Litigation
Labor
� Contracts/Land
August 2018 _
Public Records 1,091.50 Amount
Personnel 6,613.50
City Council Directed 13,791.00 Public Records
Recall Petition 3,770.00
Labor 4,162.50
Contracts/Land 1,642.50 Personnel
GRAND TOTAL 31,071.00
i City Council
Directed
Recall Petition
507486\1006\FEOCF1-1 16
Birch Horton Bittner Cherot
General Matter Summary
City of Seward 2016-2017-2018
507,486.1006
2016 2017
Month Amount Month Amount
January 6,823.50 January 4,313.50
February 6,044.00 February 4,128.00
March 12,540.50 March 10,083.50
April 2,049.50 April 5,869.50
May 3,705.32 May 5,725.50
June 4,407.50 June 2,945.50
July 4,364.50 July 4,665.50
August 5,998.50 August 2,472.50
September 6,651.00 September 3,953.50
October 4,051.00 October 6,234.00
November 2,905.50 November 8,057.50
December 8,729.00 December 9,828.00
TOTAL 68,269.82 TOTAL 68,276.50
2018
Month Amount
January 15,966.00
February 19,091.50
March 13,264.00
April 12,600.00
May 24,662.00
June 16,616.00
July 34,692.50
August 22,341.00
TOTAL 159,233.00
507486\1006\FE454B-1 116f 1
Sponsored by: Planning and Zoning Commission
Introduction Date: October 8, 2018
Public Hearing Date: October 22, 2018
Enactment Date: October 22, 2018
CITY OF SEWARD, ALASKA
ORDINANCE 2018-009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE ZONING AND LAND USE PLAN
DESIGNATION OF CITY OWNED LOT 7A, FORT RAYMOND
SUBDIVISION REPLAT NUMBER 1, LOCATED AT 2101 DIMOND
BOULEVARD, FROM INSTITUTIONAL (INS) TO AUTO
COMMERCIAL (AC)
WHEREAS, the City Council held work sessions on September 25, 2017, February 28
and April 9, 2018, to discuss the future use of Lot 7A Fort Raymond Subdivision Replat Number
1; and
WHEREAS, the consensus at each of the above mentioned work sessions was to develop
the property for mixed commercial and residential uses; and
WHEREAS, the Auto Commercial district allows for land uses that include residential
developments along with a wide range of commercial uses; and
WHEREAS, the Auto Commercial district was established to provide areas to
accommodate highway-oriented commercial activities such as offices, certain institutional uses,
and limited personal services and retail uses requiring substantial outdoor activity, traffic, and
parking; and
WHEREAS, Lot 7A, Fort Raymond Subdivision Replat Number 1 is approximately 11
acres and is abutting the Auto Commercial Zoning District to the south, 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 September 4, 2018, and
WHEREAS, at their September 4, 2018 meeting, the Planning and Zoning Commission
held a public hearing and recommended City Council approval of the proposed Land Use Plan
and Zoning Designation amendments included in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
18
CITY OF SEWARD
ORDINANCE 2018-009
Section 1. The Seward City Council hereby authorizes the amendment of the official
Zoning Map of the City by amending the zoning designation of Lot 7A Fort Raymond
Subdivision Number 1 from Institutional (INS)to Auto Commercial (AC).
Section 2. This ordinance shall take effect ten (10) days following enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 22nd day of October, 2018.
THE CITY OF SEWARD, ALASKA
David Squires,Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda J. Ballou, MMC
City Clerk
(City Seal)
19
Council Agenda Statement
Meeting Date: October 8, 2018
Through: Jeff Bridges, City Mana
From: Jackie C. Wilde, Planner
Agenda Item: Amending the Land Use Plan and rezoning of City-
owned Lot 7A, Fort Raymond Subdivision Replat No. 1, located at
2101 Dimond Boulevard, from Institutional (INS) to Auto
Commercial (AC)
BACKGROUND & JUSTIFICATION:
Attached for the Council's review and enactment is Ordinance 2018-009, amending the Zoning
designation and Land Use Plan maps for City-owned Lot 7A, Fort Raymond Subdivision Replat
No. 1, located at 2101 Dimond Boulevard, from Institutional (INS) to Auto Commercial (AC) (see
attached maps).
The Seward City Council held three public work sessions on September 25, 2017, February 28
and April 9, 2018 to discuss the future use of this property. At the meetings, the general
consensus was to allow for a mix of commercial and residential uses. The Auto Commercial
zoning district allows for a variety of land uses both residential and commercial, and is therefore
the most appropriate zoning designation for this parcel.
Parcels to the south along Seward Highway corridor, including the Chamber of Commerce,
Coffee Cup and Safeway, are currently zoned Auto Commercial. The parcels to the north and
west are zoned Auto Commercial and Institutional and include a fish processing business, school
campuses, cemeteries and a military resort. The parcels to the east, across the Seward Highway
are zoned Industrial and include the Leirer Subdivision and the Alaska Railroad.
The City of Seward has requested this rezone in order to provide land suitable for future
commercial uses allowed within the Auto Commercial District. Seward City Code (SCC)
§15.01.035, Amendments, (b) (3) allows the consideration of this rezone as the area is
contiguous to the requested Auto Commercial zoning district and also contains more than 1 acre.
In order for the lot to be rezoned, the underlying Land Use Plan will also need to be amended.
The Land Use Plan adopted with the 2030 Seward Comprehensive Plan recommends this area
remain Institutional. However, the area contiguous to the south is recommended to remain Auto
Commercial.
20
SCC 15.05.025. Land use districts--Established, definitions
a) Established. The city is hereby divided into land use districts which shall be bounded and
defined as shown on the official land use map. This official map, together with all explanatory
matter thereon, as exhibited at the time of public hearing, is hereby adopted by reference and
declared to be apart of this chapter.
The requested Zoning and Land Use Map change of the area for rezone is Auto Commercial
(AC) defined in SCC 15.05.025 (b). as (8) Intended to provide areas to accommodate highway
oriented commercial activities such as offices, certain institutional uses, and limited personal
services and retail uses requiring substantial outdoor activity, traffic and parking, and which
also serve the offices and nearby residential areas, and which do not materially detract from
nearby residential areas.
Recognizing that the primary concern of all zoning actions is to promote public health, safety
and general welfare (SCC 15.01.010), Community Development recommends this rezone for the
following reasons-
1. This rezone will allow for commercial and business use of Lot 7A, Fort Raymond
Subdivision Replat No .1, which is consistent with the proposed uses identified during
three public work sessions held by the Seward City Council on September 25, 2017,
February 28 and April 9, 2018.
2. At this time the community would be better served by allowing more commercial
activity along the Seward Highway corridor, while creating and preserving adequate
non-commercial areas outside of the highway corridor for residential development.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2030, approved by Council 2017):
Volume I, page 13; Section 3.2.1.1_
1. Use city-owned land and tidelands to encourage feasible and sound X
economic development by setting development standards and
erformance periods through the leasing process.
Strategic Plan (1999):
2. Promote residential and commercial development inside the City. (page X
9)
At the time of this review no public concerns have been submitted to staff. As required by the
City Code, neighboring property owners within 300 feet of the area subject to review were
notified of the proposed rezone and amendment to the Land Use Plan.
The Planning and Zoning Commission held the public hearing September 4, 2018 and approved
Resolution 2018-014 recommending City Council approval of the attached Ordinance 2018-009,
amending the Zoning designation of Lot 7 A Fort Raymond Replat Number One from
Institutional (INS) to Auto Commercial (AC). No public comments were received by staff or
during the Public Hearing.
21
FISCAL NOTE:
The City of Seward will have no costs associated with this amendment to the Land Use Plan and
change of zoning designation.
Approved by Finance Department_
ATTORNEY REVIEW: Yes No X
At the time of this review no public concerns have been submitted to staff.
RECOMMENDATION:
The Seward Planning and Zoning Commission and Staff Recommend:
October 8, 2018 the City Council introduces Ordinance 2018-009 amending the zoning and Land
Use Plan designation of City owned Lot 7 A, Fort Raymond Subdivision Replat No. 1, located at
2101 Dimond Boulevard, from Institutional (INS)to Auto Commercial (AC)
October 22, 2018 the Council conducts a public hearing and enacts Ordinance 2018-009.
22
City of Seward,Alaska Seward Planning&Zoning Commission Minutes
September 4, 2018 Volume 7,Page 301
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Fleming/Swann) Approve agenda and consent agenda
Motion Passed Unanimous
The following item was approved on the Consent Agenda:
Approval of August 7, 2018 Regular Meeting Minutes
New Business Items requiring a Public Hearing
Resolution 2018-014 of The Planning And Zoning Commission Of The City Of Seward,
Alaska, Recommending City Council Approve The Attached Ordinance Amending The
Zoning And Land Use Plan Designation Of City Owned Lot 7A, Fort Raymond
Subdivision Replat Number 1, Located At 2101 Dimond Boulevard, From Institutional
(INS) To Auto Commercial(AC)
Wilde stated that City Council held three public work sessions to discuss potential uses of this
property. At the meetings, the general consensus was to allow for a mix of commercial and
residential uses. The Auto Commercial zoning district allows for a variety of land uses both
residential and commercial, and is therefore the most appropriate zoning designation for this
parcel. In order for the lot to be rezoned, the underlying Land Use Plan will also need to be
amended. The Land Use Plan adopted with the 2030 Seward Comprehensive Plan recommends
this area remain Institutional. However the area contiguous to the south is recommended to
remain Auto Commercial. At this time the community would be better served by allowing more
commercial activity along the Seward Highway corridor, while creating and preserving adequate
non-commercial areas outside of the highway corridor for residential development.
Notice of public hearing being posted and published as required by law was noted and the
public hearing was opened.
Hearing no one wishing to speak, the public hearing was closed.
Motion (Fleming/Charbonneau) Approve Resolution 2018-014 of The
Planning And Zoning Commission Of
The City Of Seward, Alaska,
Recommending City Council Approve
The Attached Ordinance Amending The
Zoning And Land Use Plan Designation
Of City Owned Lot 7A, Fort Raymond
Subdivision Replat Number 1, Located At
2101 Dimond Boulevard, From
Institutional (INS) To Auto Commercial
(AC)
23
City of Seward Alaska Seward Planning&Zoning Commission Minutes
September 4, 2018 Volume 7, Page 302
Fleming asked if this parcel would now be re platted. Wilde stated that rezoning the property is
the first step. Staff has already been reviewing concepts for further subdividing the property into
lease parcels, and will move forward pending Council direction. In response to Fleming, Wilde
stated that this would come back before the Commission as a replat. Ecklund asked what the
Municipal Land Management Plan stated in regards to this property. Wilde replied that the Plan
recommended the City lease the property. Swann asked if it would not be appropriate to rezone
other City-owned parcels along the Seward Highway from INS to AC. Wilde gave an overview
of proposed uses for some of these properties, which include the properties containing the Bittick
Bike Park and the Forest Acres Campground and stated that the current zoning designation is
appropriate at this time.
Motion Passed AYES: Swann, Ambrosiani, Seese,
Charbonneau, Fleming, Hatfield,
Ecklund
NOES: none
UNFINISHED BUSINESS—None
NEW BUSINESS
Resolution 2018-015 of The Planning And Zoning Commission Of Seward Alaska
Recommending That The Alice Pickett Memorial Animal Shelter Be Relocated To
Lot 6A-2 Fort Raymond Subdivision Replat Number Three, Located At 605 Sea
Lion Avenue,Within The Institutional (INS) Zoning District
Wilde stated that in selecting the proposed site for the relocation of the animal shelter,planning
staff has taken into consideration the public input received at the August 7, 2018 P&Z meeting,
and looked for City land that was away from neighborhoods. Wilde and Bacon conducted a site
visit to Lot 6A-2 to take measurements, and then researched current uses and easements on the
property. It was determined that a 4000 square foot area of flat ground,unencumbered by
easements, existed on a portion of the Lot off Sea Lion Avenue. A map has been included in the
packet and is on display on the wall showing the possible site of the new shelter. Wilde discussed
potential access points for the building that will be determined as the site planning process
moves forward. Wilde told everyone that currently animal shelters are not allowed in the
Institutional Zoning District, and if the Commission passes this resolution then Planning staff
will bring forward an ordinance change to modify the land uses allowed table. Wilde stated that
the Community Development department has received multiple phone calls in support of this
location for the new animal shelter.
Motion (Fleming/Swann) Approve Resolution 2018-015 of the
Planning And Zoning Commission Of
Seward Alaska Recommending That The
Alice Pickett Memorial Animal Shelter Be
Relocated To Lot 6A-2 Fort Raymond
24
Sponsored by: Administration
CITY OF SEWARD,ALASKA
RESOLUTION 2018-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
SOLE SOURCE CONTRACT FOR THE AMOUNT OF $88,000 WITH
YOUR CLEAN ENERGY TO STUDY THE COSTS AND FEASIBILITY
OF A HYDROELECTRIC PROJECT IN LOWELL CANYON AND
PRODUCE A REPORT,AND APPROPRIATING FUNDS
WHEREAS, the City of Seward is interested in exploring options for clean renewable
energy and reducing the dependency on the use of fossil fuels for producing energy; and
WHEREAS, the City of Seward once produced hydroelectric to power the town in
Lowell Canyon and some of the facilities still exist, possibly reducing the overall cost of a new
proj ect; and
WHEREAS, the City of Seward requires additional information on the cost and
feasibility of constructing a hydroelectric facility in Lowell Canyon to make an educated
decision; and
WHEREAS,Andy Baker of Your Clean Energy has firsthand specialized knowledge and
experience of the area of Seward, the facilities for this particular hydroelectric project and a
background in renewable energy; and
WHEREAS, SCC § 6.10.115 and 6.10.120.8 provides for an exemption from
competitive procurement procedures for professional services that require special knowledge and
judgement that includes analysis, evaluation, prediction, planning or recommendations and
which result in the production of a report; and
WHEREAS, the Port and Commerce Advisory Board (PACAB) passed a resolution
asking the City Council to act in this direction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
Section 1. The City Manager is hereby authorized to enter into the attached signed
agreement with Andy Baker of Your Clean Energy in the amount of$88,000 in substantial form
as attached hereto.
Section 2. The City Council hereby finds that it is in the public interest to sole source
this work in accordance with the recitals above which are incorporated herein and exempts this
purchase from competitive procurements, as allowed by SCC § 6.10.120.8, which exempts
competitive procurement for the purchase of professional services.
25
CITY OF SEWARD,ALASKA
RESOLUTION 2018-081
Section 3. Funding in the amount of$88,000.00 is hereby appropriated from the Electric
Fund unassigned fund balance account no. 15000-0000-3400 to Electric Dept. contracted
services account no. 15000-3000-7009.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
24th day of September, 2018.
THE CITY OF SEWARD, ALASKA
David Squires,Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda J. Ballou, MMC
City Clerk
(City Seal)
26
Agenda Statement
Meeting Date: September 24, 2018
To: City Council
Through: Eddie Athey, Acting City Manager
From: John Foutz, Electric Department Director
Agenda Item: Produce a study to determine the estimated cost and feasibility of a
hydroelectric facility in Lowell Canyon
BACKGROUND & JUSTIFICATION
The City of Seward supports the research and development of clean,renewable energy as a means
of reducing fossil fuel consumption. One of the main resources the City of Seward has available
to reduce fossil fuel consumption is Hydroelectric Power. Remnants of the old hydroelectric
facility that powered the City of Seward prior to the purchasing of power from other utilities still
remain in Lowell Canyon. The City may be able to reduce its consumption of fossil fuels at a
reasonable cost by refurbishing the already existing facility. However,to adequately evaluate this
possibility, a cost analysis and a feasibility study must be performed. The Port and Commerce
Advisory Board reviewed this topic and passed a resolution of support. Andy Baker of Your Clean
Energy has been tasked previously with doing some minor analysis on the potential of Lowell
Canyon and would be an ideal candidate based on his history, education and experience with the
area. Under section 6.10.120.8 the purchasing may be exempt from competitive procurement for
reasons that include analysis, recommendations and the production of a report.
Seward Municipal Code References:
6.10.120. Specialized products and professional services exempt.
8. To the purchase of professional services. Professional services are those that require
special knowledge and judgement that includes analysis, evaluation, prediction, planning
or recommendations and which result in the production of a report or the completion of a
task. Examples of professional services include accounting, architectural, appraisal,
engineering, land surveying, financial consultation, legal services, lobbying, planning,
economic analysis, computer programming and system analysis, insurance consultation
and risk analysis and other specialized services. Any professional services contracts
which are not procured using the competitive procurement procedures shall not exceed
two years except for completion of work in progress under architectural or engineering
contracts.
6.10.130. Where competitive bid proposals not in public interest.
Restrictions and provisions of this title shall not apply where the city council determines
and makes written findings that the public interest would be best served by not requiring
competitive bids/proposals.
INTENT:
To authorize the City Manager to enter into a contract with Your Clean Energy to produce a report
for the estimated costs and feasibility of a hydroelectric power project in Lowell Canyon.
27
CONSISTENCY CHECKLIST: Yes No NIA
Comprehensive Plan Comprehensive Plan (1. 3, 3. 7. 3. 1, 3. 7. 3. 2)
Continue to upgrade and expand utilities to meet existing needs and
1, encourage future development. Expand customer base within the X
Seward Electric Utility area as a means to reduce energy costs and
im rove services.
2 Strategic Plan: The mission of the City of Seward government it is to
provide quality leadership and economic wellbeing of its citizens X
3. Other (list): X
FISCAL NOTE:
Funding for the study and report of the Lowell Canyon Hydroelectric project will be appropriated
from the Electric Fund reserves in the amount of$88,000.
Approved by Finance Department: � • [
ATTORNEY REVIEW: Yes No-X
RECOMMENDATION:
Council approve Resolution 2018-, authorizing the City to enter into an agreement with Your
Clean Energy to produce a study regarding the economics and feasibility of a Lowell Canyon
Hydroelectric power project in the amount of$88,000.
28
CITY OF SEWARD, ALASKA
AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
CONCEPT DESIGN AND FEASIBILITY EVALUATION
LOWELL CREEK HYDRO PROJECT
This Agreement between the City of Seward, Alaska ("City), P. O. Box 167, Seward, Alaska
99664 and YourCleanEnerg_y, LLC ("Architect/Engineer"), 308 G Street, Suite 215, Anchorage,
Alaska 99501 effective on the 2nd day of October, 2018.
Architect/Engineer's Project Manager is Andy Baker, P.E., telephone number 907-274-2007;
Cell: 907-350-2084; E-mail: and,, b�2yourcleanenergy.us.
The project manager may be changed only upon written consent from the City.
The City's Project Manager is John Foutz, Electric Utility Manager, telephone number 907-224-
4071; Cell: 907-362-1785; E-mail: jfoutz(2cityofseward.net.
This Agreement is for professional services for Concept Design and Feasibility Evaluation of the
Lowell Creek Hydro Project.
Article 1. SUMMARY OF SERVICES
1.1 The scope of work to for the development of concept system design and preliminary
economic evaluation to support the installation of a small hydroelectric system on Lowell
Creek in Seward, Alaska as more completely described in Architect/Engineer's
September 11, 2018 proposal which is attached as Appendix A.
Article 2. COMPENSATION
2.1 The Architect/Engineer will be paid as follows:
2.1.1 Step I—YCE & Canyon Hydro Staff Site Visit $16,000
2.1.2 Step 11—YCE & Canyon Hydro Site Visit Report $26,000
2.1.3 Step III-YCE Concept Design and Economic Evaluation $36,000
2.1.4 Step IV—YCE& Canyon Hydro Report Presentation $10,000
Total Compensation $88,000
Article 3. PERIOD OF PERFORMANCE
3.1 The Architect/Engineer agrees to commence work under this Agreement only as
authorized by and in accordance with written notice(s) to proceed and to complete the
work in accordance with scope of work (Appendix A) and such time schedules included
therein or in other appendices.
Page 1 of 9
29
3.1.1 Step I—YCE & Canyon Hydro Site Visit Oct 15-18, 2018
3.1.2 Step II—YCE & Canyon Site Visit Report Nov 9, 2018
3.1.3 Step III—YCE Concept Design & Economic Evaluation Nov 30, 2018
3.1.4 Step IV—YCE& Canyon Hydro Report Presentation Dec 19, 2018
3.2 The Architect/Engineer agrees that it shall not be compensated for any costs incurred
prior to the receipt of notice(s) to proceed. Notice to proceed is effective with execution
of this Agreement and issuance of the City purchase order.
3.3 The period of performance under this Agreement shall end December 31, 2018.
Article 4. SUB-CONSULTANTS
4.1 The Architect/Engineer shall perform all services required under this Agreement except
as may be performed by sub-consultants shown in Appendix A, who are approved by the
City. These sub-consultants may be changed only upon written consent from the City.
Article 5. INSURANCE
5.1 In accordance with the provisions contained in the General Conditions (Appendix B), the
following minimum limits of insurance coverage are required by this Agreement.
LIMITS OF LIABILITY
TYPE OF INSURANCE EACH OCCURRENCE AGGREGATE
Workmen's Compensation for states (Statutory) (Statutory)
in which employees are engaged
Commercial General Liability 1,000,000 1,000,000
Comprehensive Automobile Liability 300,000 300,000
SPECIAL CONDITIONS
Article 6. PAYMENT TO ARCHITECT/ENGINEER
6.1 The Architect/Engineer shall invoice and be paid by the City monthly on the basis of a
percent complete of each fixed fee tasks.
6.2 The City agrees to make payment due to the Architect/Engineer within 30 days following
receipt and agreement with the Architect/Engineer's bill.
Article 7. CHANGE ORDERS AND REVISIONS
7.1 Change in Services of Architect/Engineer may be accomplished after execution of this
Agreement, without invalidating this Agreement, if mutually agreed in writing, if
Page 2 of 9
30
required by circumstances beyond Architect/Engineer's control or if Architect/Engineers
services are affected as described in Section 7.2. In the absence of mutual agreement in
writing, Architect/Engineer shall notify City in writing prior to providing such services.
If City deems that all or a part of such Change in Services is not required, City shall give
prompt written notice to Architect/Engineer, and Architect/Engineer shall have no
obligation to provide those services; and the City shall have no obligation to pay for the
costs associated with that change of service request. Except for a change due to the fault
of Architect/Engineer, Change in Services of Architect/Engineer shall entitle
Architect/Engineer to an adjustment in compensation pursuant to Appendix B, Section
VI.
7.2 If any of the following circumstances affect Architect/Engineer's services for the Project
and the Architect/Engineer has in writing prior approval or notification from the City,
Architect/Engineer shall be entitled to an appropriate adjustment in Architect/Engineer's
schedule and compensation:
7.1.1 Change in the instructions or approvals given by City that increase the scope of
work described in the above Section 1.1;
7.1.2 Enactment or revision of codes, laws or regulations or official interpretations,
which necessitate changes to the scope of work described in Section 1.1;
7.1.3 Decision of City not rendered in a timely manner;
7.1.4 Failure of performance on the part of the City's representative/s; and
7.1.5 Preparation for and attendance at a public hearing, a dispute resolution proceeding
or a legal proceeding except where Architect/Engineer is a party thereto.
Article 8. INDEMNIFICATION
8.1 The Architect/Engineer is an independent contractor and not an employee or agent of the
City. To the fullest extent permitted by law, the Architect/Engineer agrees to
defend, indemnify and hold harmless the City, its elected and appointed officials,
employees, and volunteers against any and all liabilities, claims, demands,
lawsuits, or losses, including costs and attorney fees incurred in defense thereof,
arising out of or in any way connected or associated with this contract.
Article 9. APPENDICES
9.1 The following appendices are attached to this Agreement and incorporated herein:
Appendix Title
A Architect/Engineer Proposal dated September 11, 2018
B General Conditions
Page 3 of 9
31
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT.
Architect/Engineer: YourCleanEnergy, LLC.
aj,4"4��
10/2/18
Signature: Date
Title: Andy Baker, PE
Principal
Owner: City of Seward, Alaska
Signature: Date
Title: Jeff Bridges
City Manager
APPENDIX B
GENERAL CONDITIONS
1. DEFINITIONS
BASIC SERVICES: The identified work elements set forth in this Agreement for which the
Architect/Engineer will receive prime compensation.
CHANGE: In addition to, or reduction of, or other revision in the scope, complexity,
character, or duration of the services or other provisions of this Agreement.
CITY'S PROJECT MANAGER: City's representative in charge of the project(s) and the
Architect/Engineer's primary point of contact for notice(s) to proceed, invoices, correspondence
and interface with the Architect/Engineer.
ARCHITECT/ENGINEER'S PROJECT MANAGER: The Architect/Engineer's representative
in charge of the project(s) who is directly responsible and engaged in performing the required
services.
EXTRA SERVICES: Any services or actions required of the Architect/Engineer above and
beyond provisions of this Agreement.
Page 4of9
32
FUNDING AGENCY (S1- The agency(s) of the federal, state or municipal government which
furnishes funds for the Architect/Engineer's compensation under this Agreement.
OPTIONAL SERVICES: Identifiable and/or indeterminate work elements set forth in this
Agreement, which are separate and distinct from those covered by the prime compensation,
which the City has the option to authorize.
PRIME COMPENSATION: The dollar amount paid to the Architect/Engineer for basic services
as set forth in this Agreement. Prime compensation does not include payment for any optional or
extra services.
SCOPE OF WORK: Basic and optional services required of the Architect/Engineer by
provisions of this Agreement.
SUBCONTRACTOR: Any person, firm, corporation, joint venture, partnership or other
entity engaged through or by Architect/Engineer.
II. INFORMATION AND SERVICES FROM OTHERS
Provisions of information, data budget, standards, and other materials by the City does not
warrant their accuracy or quality nor provide approval of omissions or oversights or of any
noncompliance with applicable regulations.
The City may, at election, or in response to a request from the Architect/Engineer, furnish
information or services from other Architect/Engineers. If, in the Architect/Engineer's opinion,
such information or services are inadequate, the Architect/Engineer must notify the City of the
specific service of material deemed inadequate and the extent of the inadequacy prior to use in
the performance of this Agreement. Unless so notified by the Architect/Engineer, the City may
assume the information or services provided are adequate.
III. HOLD HARMLESS
The Architect/Engineer shall indemnify, defend, and hold and save the City, its officers, agents
and employees harmless from liability or any nature or kind including costs and expenses, for or
on account of any and all legal actions or claims or any character whatsoever resulting from
injuries or damages sustained by any person or persons or property arising from performance of
this Agreement, which is caused in whole or in part, by any negligent act or omission of the
Architect/Engineer; provided, however that this paragraph shall not be construed so as to require
the Architect/Engineer to defend, indemnify or hold harmless the City from such claims,
damages, losses, or expenses caused by or resulting from the sole negligence of the City. It is
agreed that where such concurrent negligence of(1) the City and (2) the Architect/Engineer, it is
expressly agreed that the Architect/Engineer's obligations of indemnity under this paragraph
shall be effective only to the extent of the Architect/Engineer's negligence.
Page 5 of 9
33
IV. INSURANCE
The Architect/Engineer shall not commence work under this Agreement until all required
insurance has been obtained, nor shall the Architect/Engineer allow any sub-consultant to
commence work on its subcontract until the insurance required has been so obtained. The
Architect/Engineer shall furnish certificates of insurance showing the City as co-insured, in
evidence of the requirements of Article 5 of the contract and paragraphs (a) below. All
certificates must provide a 30-day prior notice to the City of cancellation, nonrenewable or
material alternation of such insurance. Failure to furnish satisfactory evidence of insurance or
lapse of coverage is grounds for termination of this Agreement.
The Architect/Engineer shall purchase and maintain such insurance as will protect it from claims
under Workmen's Compensation acts and other employee benefits acts for damages because of
bodily injury, including death, to its employees and all others and for damages to property, any
or all of which may arise out of or result from the Architect/Engineer's operations under this
Agreement whether such operations be by it or by any subcontractor or anyone directly or
indirectly employed by either. Limits for the insurance listed shall not be less than that specified.
Architect/Engineer shall provide at least the following:
(a) Workmen's Compensation Insurance for all states in which employees are
engaged in work under this Agreement.
(b) Commercial General Liability
(c) Comprehensive Automobile Liability
V. PAYMENTS
Payments shall be made in accordance with the payment schedule, and within 30 days of
receiving invoice from the Architect/Engineer. The sum of payments shall not exceed the
allowable compensation stated in this Agreement. In the event items on an invoice are disputed,
payment on those items will be withheld until the dispute is resolved.
The Architect/Engineer shall submit a final invoice and required documentation for services
authorized by each Notice to Proceed within ninety (90) days after final acceptance by the City.
The City will not be held liable for payment of invoices submitted after this time unless prior
written approval has been given.
VI. CHANGES
Changes in the scope of work or of services may only be made by written amendment. The
Architect/Engineer shall not perform any extra services prior to receiving a fully executed copy
of an amendment and a Notice to Proceed.
If at any time the City through its authorized representatives, either verbally or in writing,
requests or issues instructions for extra services or otherwise directs actions which conflicts with
Page 6of9
34
any provisions of this Agreement, the Architect/Engineer shall, within ten days of receipt and
prior to pursuing such instructions, notify the City in writing, and to the extent possible, describe
the scope and estimated cost of any extra services. Unless so notified by the Architect/Engineer,
the City may assume such instructions have not changed any provisions of this Agreement nor
require additional compensation. No additional payments shall be made to the
Architect/Engineer without such notice.
VIII. INSPECTIONS
The City, or any funding agency, has the right to inspect, in the manner and at reasonable times it
considers appropriate during the period of this Agreement, all facilities and activities of the
Architect/Engineer in the performance of this Agreement.
IX. TERMINATION OR SUSPENSION
This Agreement may be terminated by either party upon ten day's written notice if the other party
fails substantially to perform in accordance with its terms through no fault of the party initiating
the termination (default termination). If the City terminates this Agreement on account of
Architect/Engineer's default, the City will pay the Architect/Engineer for work completed prior
to termination that can be substantiated by the Architect/Engineer and the City, and
Architect/Engineer shall be liable for the remaining cost of the provision of architect and
engineer services on the Project. If the City becomes aware of any fault or defect in the work of
the Architect/Engineer or nonconformance with this Agreement, the City will give prompt
written notice thereof to the Architect/Engineer. Should the Architect/Engineer's services remain
in nonconformance to this Agreement, the percentage of total compensation attributable to the
nonconforming work may be withheld.
The City at any time may terminate (convenience termination) or suspend this Agreement for its
own needs or convenience. In the event of a convenience termination or suspension for more
than three months, the Architect/Engineer will be compensated for authorized services and
authorized expenditures performed to the date of receipt of written notice of termination plus
reasonable termination expenses. No fee or other compensation for the uncompleted portion of
the services will be paid, except for already incurred indirect costs which the Architect/Engineer
can establish and which would have been compensated for over the life of this Agreement, but
because of the convenience of the termination would have to be absorbed by the
Architect/Engineer without further compensation. in no event shall Architect/Engineer be
entitled to profit for unperformed work following termination for convenience of this
Agreement.
If state or federal funds support this Agreement settlements in the event of default or
convenience termination must be approved by the City and any appropriate state or federal
agency.
Page 7 of 9
35
X. OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, United States Commissioner or other officials of federal,
state or local government shall be admitted to any share or part of this Agreement or any benefit
to arise there from. The Architect/Engineer warrants that it has not employed or retained any
organization or person, other than a bona fide employee working for the Architect/Engineer, to
solicit or secure this Agreement and that it has not paid or agreed to pay any consideration
contingent upon or resulting from this Agreement.
XI. INDEPENDENT CONTRACTOR
Except in those instances specifically provided for herein, the Architect/Engineer and any of its
agents and employees shall act in an independent capacity and not as agents of the City in the
performance of this Agreement.
XII. ENDORSEMENT ON DOCUMENTS
Endorsements and professional seals, if applicable, must be included on all final plans,
specifications, estimates and reports.
XIII. OWNERSHIP OF WORK PRODUCTS
Work products produced under this Agreement, except items which have preexisting copyrights,
are the property of the City. Payments to the Architect/Engineer for services hereunder includes
full compensation for all work products, field notes, interim design work, blueprints, surveys,
and other materials produced by the Architect/Engineer and its subcontractors pertaining to this
Agreement.
Should the City elect to reuse work products provided under this Agreement for other than the
original and specific project and/or purpose, the City will indemnify the Architect/Engineer and
its subcontractor against any responsibilities or liabilities arising from such reuse. Additionally
in any such reuse the original Architect/Engineer's or subcontractor's signature, professional
seals and dates must be removed. Reuse which requires professional signature and seal will be
signed, sealed and dated by the professional who is in direct supervisory control and responsible
for the adaptation. No royalty or other compensation for such reuse may be paid to the
Architect/Engineer or its subcontractors.
XIV. SUCCESSORS AND ASSIGNS
The Architect/Engineer binds itself, its partners, its subcontractors, assigns and legal
representatives to this Agreement and to the successors, assigns and legal representatives of the
Architect/Engineer with respect to all covenants of this Agreement. The Architect/Engineer
shall not assign, sublet or transfer any interest in this Agreement without the prior written
consent of the City.
Page 8of9
36
XV. CLAIMS AND DISPUTES
If the Architect/Engineer becomes aware of any act or occurrence which may form the basis of a
claim the Architect/Engineer shall immediately inform the Project Manager. If the matter cannot
be resolved within seven (7) days, the Architect/Engineer shall, within the next fourteen (14)
days, submit written notice of the facts which may form the basis of the claim.
In presenting any claims, the Architect/Engineer shall, specifically include the provisions of this
Agreement, which apply, the specific relief requested, included any additional compensation
claimed, and the basis upon which it was calculated and/or the additional time requested and the
basis upon which it was calculated and/or the additional time requested and the basis upon which
it was calculated.
XVI. EXTENT OF AGREEMENT
This Agreement, including appendices, represents the entire and integrated Agreement between
the City and the Architect/Engineer and supersedes all prior negotiations, representations or
agreements, either written or oral.
Nothing contained herein may be deemed to create any contractual relationship between the City
and any subcontractors or material suppliers; nor may anything contained herein be deemed to
give any third party a claim or right to action against the City or the Architect/Engineer which
does not otherwise exist without regard to this Agreement.
This Agreement may be changed only by written amendment executed by both the City and the
Architect/Engineer. All communications that affect this Agreement must be made or confirmed
in writing. The Architect/Engineer on receiving final payment will execute a release, if required,
in full of all claims against the City arising out of or by reason of the services and work products
furnished under this Agreement.
The Architect/Engineer shall pay all federal, state and local taxes incurred by the
Architect/Engineer and shall require their payment by any subcontractor or any other persons in
the performance of this Agreement.
XVII. GOVERNING LAWS
This Agreement is governed by the laws of the State of Alaska and such federal and local laws
and ordinances as are applicable to the work performed. Any dispute arising under this
agreement shall be subject to litigation in the Superior Court for the State of Alaska, Third
judicial District at Kenai.
XVIIL PRECEDENCE AND DIVISIBILITY
The provisions of this Agreement shall fully govern the services performed by the
Architect/Engineer. If any term, condition, or provision of this Agreement is declared void or
unenforceable, or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain.
Page 9of9
37
Your Clean Energy
Celebrate the Qower of naW re__rH
Page 1 of 3
September 11, 2018
John Foutz, Electric Utility Manager
City of Seward
P.O. Box 167
Seward, AK 99664
RE: Proposal For Engineering Services — Concept Design & Feasibility Evaluation — Lowell
Creek Hydro Project
Dear John:
This proposal is for the development of concept system design and preliminary economic
evaluation to support the installation of a small hydro electric system on Lowell Creek in
Seward, Alaska. This proposal is based on the following:
SCOPE OF WORK - Design Services for Concept Phase will consist of the following work
tasks:
Development of concept designs to support the installation of a run of river small hydro electric
project with intake at elevation @460 ft along Lowell Creek; and pelton wheel turbine near sea
level to generate grid power in Seward, Alaska. The concept design and associated economic
evaluation will be based on addressing the following:
• How to safely divert year round stream flow into a settling / desander tank at elevation
460 ft without bringing in the bed load sediment during flood events. The solution may
be in part the installation of infiltration gallery French drain piping that collects flow from
under the stream bed, similar to what ASLC does for water collection along Lowell Point
Road. A self-cleaning coanda screen in the stream channel may also be part of the
intake solution. A de-sander settling tank could catch most of the fines that make it
through, and keep the erosion of stainless steel pelton wheel buckets to a minimum.
There will be a need to weld re-build the buckets periodically and spare pelton wheels
must be installed as part of ongoing maintenance.
• How to route the buried penstock (range of 36 to 48 inch diameter) from the base of
Lowell Creek Canyon to a generator station location at shoreline that makes good
sense. The penstock could be routed straight down Jefferson Street and be sited in the
Waterfront Park campground area (creates a conflict of land use and continuous noise
issue); or the penstock could gradually bend 90 degrees to the south to a generator
plant adjacent to ASLC (may require some tunneling but probably a more suitable
location to generate power).
308 G Street#215,Anchorage,AK 99501 907-274-2007 www.yourcleanenergy.us
38
Your Clean Energy
ceAre , powe,a „3, m_.,,
Page 2 of 3
• How to integrate the small hydro generation into the City of Seward electric grid in the
most simple and cost effective manner; how to design a hydro generation system that
will impart the lowest O&M cost and highest reliability, stability, and safety to the City.
Address the benefits and liabilities of operating the hydro when the City is isolated from
CEA transmission and is operating diesel generators. Address the benefits and liabilities
of shutting down the hydro plant when the stream reaches pre-flood and flood stages;
and re-starting the hydro plant once the flooding subsides.
• Based on the concept design above, update the Economic Evaluation first developed by
YCE in 2007 to determine a Opinion of Probable Capital Cost of the project; opinion of
what O&M costs to operate the hydro plant could be; and what the cost of power would
be to the City once the hydro plant is built and operating, assuming a conventional mix of
grants, bonding, sales revenue and other debt service structures.
LIMIT OF THIS EFFORT - It is understood that the above effort is at a concept level only and if
project feasibility is identified, would be followed up by a more detailed engineering evaluation;
exploration of the FERC permit path and costs; addressing the costs and path of navigation with
current Army Corps efforts regarding the Lowell Canyon Tunnel; the costs and paths of securing
other applicable state and federal permits; the cost implication of integration of the hydro power
with CEA who currently supplies power to Seward via long distance transmission; and other
relevant factors that may impact a hydro project operating year round on Lowell Creek.
DESIGN TEAM — Andy Baker PE of YCE will partner with and engage the services of Michael
Maloney, PE, Senior Systems Engineer with Canyon Hydro of Deming, WA to complete the
scope included herein. Mr. Maloney has extensive experience with intake and penstock design,
as well as pelton wheel generation plants and integration into local utility grids. Following the
site visit to Seward, Canyon Hydro will provide a deliverable Site Report with opinion of
technical feasibility for the preferred concept design. In addition, Canyon Hydro will provide an
extensive itemized cost opinion for the supply, shipping, and installation of the recommended
turbines, powerhouse piping, generators, switch gear, transformers, controls, etc, as needed to
furnish and operate a fully functioning grid tied small hydro system suitable for the stream flows
and pressure head available from Lowell Creek. The Site Visit Report and Cost Opinion
provided by Canyon Hydro will be integrated in the larger Economic Evaluation prepared by
YCE for the City.
ASSUMPTIONS — A single two day site visit will be performed with YCE and Canyon Hydro
staff at the start of this effort to gather information required for the concept design and feasibility
evaluation, including meeting with the Electric Utility Manager, and Public Works Director.
Following the site visit, YCE will be available via teleconference for discussions with the City. A
separate one day trip to Seward by YCE and Canyon Hydro is also included to present results
of the Economic Evaluation to City Council, PACAB, Administration and the public in a single
meeting of up to two hours that will include a Q & A session about the project.
308 G Street#215,Anchorage,AK 99501 907-274-2007 www.yourcleanenergy.us
39
Your Clean Energy
Celebrate the Qower of naW re__rH
Page 3 of 3
DELIVERABLES — There will be two submittal stages — Site Visit Report, and Economic
Evaluation. Economic Evaluation with concept design schematics and details will be submitted
in PDF format. A power point summarizing the Economic Evaluation will also be prepared and
presented at the final public meeting to conclude this work effort.
SCHEDULE - The following is a suggested schedule for executing the design work described
above:
Steps Description Date
I YCE & Canyon Hydro Staff Site Visit To Seward Oct 1-4, 2018
11 YCE & Canyon Hydro Site Visit Report Oct 26, 2018
III YCE Concept Design + Economic Evaluation Nov 16, 2018
IV YCE & Canyon Hydro Staff Present Results Dec 5, 2018
COMPENSATION — The 2018 billing rate for YCE staff is $170/hour for Andy Baker, PE. The
2018 billing rate for Canyon Hydro staff is $250/hour for Michael Maloney, PE. Canyon Hydro
will be a subcontractor to YCE and YCE costs will include a 10% mark-up on Canyon Hydro
invoices. An invoice for each completed phase of the work will be submitted when the
deliverable for that phase is submitted to the City. The fee to perform the above work will be
billed on a percent complete of the following fixed fee tasks:
Steps Description Fee
I YCE & Canyon Hydro Staff Site Visit To Seward $16,000
11 YCE & Canyon Hydro Site Visit Report $26,000
III YCE Concept Design + Economic Evaluation $36,000
IV YCE & Canyon Hydro Staff Present Results $10,000
Total Compensation $88,000
If you have any questions regarding the above scope, or our understanding of the work, please
feel free to contact me,
Sincerely,
Andy Baker, PE
Design Team Leader
YourCleanEnergy LLC
308 G Street#215,Anchorage,AK 99501 907-274-2007 www.yourcleanenergy.us
40
Sponsored by: PACAB
CITY OF SEWARD, ALASKA
RESOLUTION 2018-004
A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD
OF THE CITY OF SEWARD, ALASKA, PROVIDING A
RECOMMENDATION TO COUNCIL FOR PURSUIT OF ANDY BAKER'S
YOURCLEANENERGY LLC,PREDESIGN STUDY OF LOWELL CREED
AND MARATHON CREEK IN-STREAM HYDROELECTRIC PROJECTS
AS A SOURCE OF ALTERNATIVE ENERGY FOR THE SEWARD
ELECTRIC UTILITY
WHEREAS,the Seward City Council has tasked the Port and Commerce Advisory Board to
research possible sources of alternative energy for the community; and
WHEREAS, future costs of fuel-based electricity are uncertain and this project offers a
potential to sell fixed-cost hydroelectric power profitably over time; and
WHEREAS,a diverse, stable,fixed-price energy supply is becoming a vital component of
economic health and independence; and
WHEREAS, hydroelectric power generated from, Lowell Creek may be feasible as
affordable, reliable and safe energy for Seward; and
WHEREAS,Andy Baker,P.E.,d/b/a YourCleanEnergy LLC.has conducted a presentation
to perform a pre-design study of Lowell Creek to determine its feasibility to support a hydroelectric
generation facility; and
WHEREAS, while the proposed generation amounts of the project will not meet all of
Seward's needs, it will diversify our power purchase options; and
WHEREAS, the Port and Commerce Advisory Board find sufficient merit in the
presentation to recommend it to the City Council for consideration and funding.
NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCES
ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA that.
Section 1. The Port and Commerce Advisory Board recommends the Seward City Council
undertake the necessary steps to make Seward's electrical future safe, secure,reliable and stable in
cost.
Section 2. The Port and Commerce Advisory Board recommends that the Seward City
Council empower Administration to negotiate a contract with YourCleanEnergy LLC for engineering
services and bring it back to Council for final approval.
41
CITY OF SEWARD, ALASKA
RESOLUTION 2018-004
Page 2 of 2
Section 3. This:resolution shall take effect immediately upon its adoption and be provided to
Council at the next possible Council Meeting.
PASSED AND APPROVED by the Port and Commerce Advisory of Seward,Alaska,this 2'day
of May, 2018.
THE Y OF SEWARD, ALASKA
j�.
Darryl Schaefermeyer, Chair
AYES:Schneider, Terry,Andrews, Hughes, Schaefermeyer
NOES:None
ABSENT: Jaffa, Lawrence
ABSTAIN: None
ATTEST:
renda J. Ballo MMC
City Clerk
(City Seal t:
Cj
a z,�:
OF
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City of Seward,Alaska City Council Minutes
September 24, 2018 Volume 39,Page
CALL TO ORDER
The September 24, 2018 regular meeting of the Seward City Council was called to order at
7:00 p.m. by Mayor David Squires.
OPENING CEREMONY
Lt. Alan Nickell led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Squires presiding and
Marianna Keil Ristine Casagranda
Sue McClure Suzanne Towsley
Jeremy Horn Sharyl Seese
comprising a quorum of the Council; and
Jeff Bridges, Interim City Manager
Brenda Ballou, City Clerk
Absent—None
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Brad Snowden said the governor would be visiting Seward on October 11, 2018, and
Snowden thought it would be a good opportunity for the city to speak with him about the Seward
airport,particularly about getting a 6,000 foot runway.
Jane Belovarac and Christiana Smith were members of S.O.S. Pets, and they wanted to
express their support for Resolution 2018-080. The land was in a good location near the schools,and
was also a good location for emergency evacuations of pets since the high school served as an
evacuation site for citizens.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda
McClure removed August 27, 2018 minutes from consent.
Seese removed Resolution 2018-080 from the consent agenda.
Motion Passed Unanimous
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City of Seward,Alaska City Council Minutes
September 24, 2018 Volume 39,Page
The clerk read the following approved consent agenda items:
Approval of the August 13,2018 Regular Meeting Minutes.
Approval of the August 16,2018 Special Meeting Minutes.
Approval of the August 22,2018 Special Meeting Minutes.
Approval of the September 10,2018 Regular Meeting Minutes.
Resolution 2018-078, Requesting That The Council Adopt The 2018 Seward Historic
Preservation Commission Priorities List.
Resolution 2018-079,Authorizing Signatures For All City Bank Accounts And Rescinding All
Previous Resolutions In Conflict Herewith.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Proclamations & Awards
Acknowledging Darryl Schaefermeyer's retirement from the Alaska SeaLife Center
after 25 years of service
Fire Prevention Month
Recognizing Mike& Susie McHone for Emergency Services with Seward Volunteer
Fire Department, Bear Creek Volunteer Fire Department, and Seward Volunteer
Ambulance Corps
Recognizing Mike McHone's retirement from the City of Seward after 30 years of
service
Chamber of Commerce Report. Cindy Clock reported that membership was up to 415
businesses. Elizabeth Hashem joined the chamber staff as the new Events Coordinator.
Historically, the chamber saw between 14,000 and 16,000 visitors come through their doors,but
this year there had only been 11,500 visitors; Clock attributed the downturn to more online
visitation rather than in person. The Seward Business Network resumed meetings on the first and
third Thursdays every month at 8:00 a.m. at the Breeze Inn restaurant. Twinklefest would be held
the first weekend in December, 2018. The Blue Pipeline Open House was held September 22,
2018.Meet The Candidates Night would be September 26,2018 at 5:00 p.m.in council chambers.
The next chamber membership luncheon would be September 28, 2018 and would feature Gary
Stotler, a motivational speaker. The State Harbormasters Conference would be held in Seward
October 8 — 12, 2018. Governor Walker would be holding a town hall meeting while he was here
for the conference at the library at 4:30 p.m. on October 11, 2018.
City Manager Report.Assistant City Manager Brennan Hickok reported the following
purchase orders between $10,000 and $50,000 have been approved by the City Manager since the
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City of Seward,Alaska City Council Minutes
September 24, 2018 Volume 39,Page
last council meeting: None.
Hickok introduced and welcomed Interim City Manager Jeff Bridges. The Harbormasters
Conference would be October 8-12,2018; State Senator Peter Micciche would be at the conference
on October 0, 2018, and Governor Walker would be at the conference on October 11, 2018 to sign
SB 92 for derelict vessels. A new curator had been hired for the museum. Rebekah Ivy was
commended for her professionalism during the recent unscheduled outage last week. Welcomed
Becky Roy as the new payroll person.
MIS Director Mike Meeks reported that the city had experienced a server crash last week;
the MIS Department worked with Microsoft to get things up and running. Meeks also worked with
Telalaska to repair a firewall issue. All systems were up and running as of today. In response to
Towsley, Meeks said anyone who had a gap in their emails should notify Meeks.
In response to Casagranda, Bridges said administration would bring forward the"pros"for
opting back into Public Employees Relations Act(PERA).
City Attorney Report.
The City Attorney Report is being provided in tonight's agenda packet, but will not be discussed
until the October 8, 2018 meeting when the City Attorney is present.
Other Reports,Announcements and Presentations
PND Engineers presentation on the proposed Seward cruise ship dock concepts
PUBLIC HEARINGS
Ordinances for Public Hearing & Enactment
Ordinance 2018-006,Amending Seward City Code Title 6, Entitled "Purchasing, Contracts
And Professional Services,"And Section 7.05.510,Entitled"Easements And Right-Of-Way,"
By Decreasing The Purchase Amount Limit The City Manager Is Authorized To Make
Without Advertising Or Previous Action By The City Council From $50,000 To $10,000 In
Any One Item And Adding Language To Section 6.05.010,Entitled"Purchases Of$50,000 Or
Less," Require The City Manager To Report All Purchases Between $5,000 And $10,000 To
The City Council.
This ordinance was introduced on September 10, 2018 and is coming tonight for a public hearing
and enactment.
Motion (Keil/Casagranda) Enact Ordinance 2018-006
Bridges provided a laydown which showed a breakdown of purchase orders since 2014.
Notice ofthe public hearing being posted and published as required by law was noted and the public
hearing was opened.
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City of Seward,Alaska City Council Minutes
September 24, 2018 Volume 39,Page
Willard Dunham thought this ordinance was taking a step backward. In today's world,
purchases tended to run a little higher in cost. He could understand why council might want to
review some purchases, but thought smaller size purchases would be more troublesome. He
cautioned council about getting too involved with purchases.
No one else appeared to address the Council and the public hearing was closed.
Casagranda said this ordinance had been discussed quite a bit when it was introduced; she
brought this forward due to a lack of trust, and because other communities had lower spending
limits. She understood that the intention with raising the spending limit to$50,000 previously was to
improve efficiencies, but she didn't think it was appropriate anymore.
Motion to Amend (Casagranda/Towsley) Amend Ordinance 2018-006 by striking
"$10,000" and replacing it with"$30,000".
Motion to Amend Passed Yes: Horn, Casagranda, Towsley, Seese,
McClure, Squires
No: Keil
Main Motion Passed Yes:Seese,McClure,Towsley,Casagranda,
Horn
No: Keil, Squires
Ordinance 2018-007,Adopting Seward Municipal Code Chapter 9.35,Entitled"Plastic Bags
And Polystyrene Containers,"To Prohibit The Use Of Non-Biodegradable Plastic Carry-Out
Bags,And Polystyrene Foam Disposable Food Service Ware In The City Of Seward.
This ordinance was introduced on September 10, 2018 and is coming tonight for a public hearing
and enactment.
Motion (Keil/Casagranda) Enact Ordinance 2018-007
Bridges recommended amending the implementation date, and some ensuring that advance
notice would be provided to business owners.
Squires passed the gavel to Keil and declared a potential conflict of interest because he was co-
owner in a retail store and they used plastic bags in the store.Keil declared that Squires had a
conflict of interest. There was an objection from council over the ruling. A vote of council
failed to overturn the ruling, and Squires left the dais.
Notice ofthe public hearing being posted and published as required by law was noted and the public
hearing was opened.
Lori Landstrom was a board member of Sustainable Seward,which was a community group
focused on reducing waste. She was speaking as a private citizen and not a board member.
Landstrom said much of Seward's local economy relied upon marine services. She believed this
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City of Seward,Alaska City Council Minutes
September 24, 2018 Volume 39,Page
ordinance would go far to protect Seward's environment and future interests. She suggested an
implementation date of Summer 2019 to allow stores and restaurants to use up their inventory.
Brenan Hornseth thanked council for bringing this ordinance forward. He supported this
action. Hornseth was a member of Sustainable Seward, but was speaking for himself. He was
concerned with plastic bags and their effect on the environment. He encouraged people to use
reuseable bags for shopping. He thought a 6-9 month implementation date would be appropriate.
Regarding enforcement,Hornseth said Seward City Code addressed violations andpenalties;a code
compliance officer may be a good idea, but there could simply be a lot of community support to
enforce it.
Lynda Paquette wanted to say how pleased she was with this ordinance coming forward.
She said in Germany they moved away from using plastic bags by charging for them.
Andy Bacon supported this ordinance, and thanked council for bringing this forward. He
thought more and more communities were enacting ordinances of this type. He believed, from his
own experience, that reusable grocery bags would catch on quickly once people realized that no
plastic bags were available.He requested to eliminate the reference to the thickness of bags,and also
to allow for a 6-9 month implementation roll out.
Norm Regis recommended that the implementation date take into consideration that many
seasonal businesses have already closed for the season;perhaps delay the implementation to the end
of next summer.
Anthony Baclaan was a member of Sustainable Seward, as well as a local small business
owner. He was already using biodegradable containers at his business. Several business owners he
spoke with had already started adopting the ban.
Melody Jordan wished to see this ordinance enacted. The implementation date might be
tough, but the adoption of this ordinance she thought would be painless. She had shopped in stores
where plastic bags had been eliminated, and found it to be easy to accommodate.
No one else appeared to address the Council and the public hearing was closed.
Motion to Amend (McClure/Seese) Amend Ordinance 2018-007 by adding a new
Section 2, "Implementation Date will be
October 1, 2019" and moving the next
section down.
Motion to Amend Passed Yes: Towsley,McClure,Keil, Seese
No: Casagranda,Horn
Motion to Amend (Casagranda/Towsley) Amend Ordinance 2018-007 under 9.35.010
Definitions by striking, "...and that is less
than two and one-quarter mils thick..."
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City of Seward,Alaska City Council Minutes
September 24, 2018 Volume 39,Page
under the definition for plastic carry-out
bags.
Council suspended the rules to ask Andy Bacon some questions
In response to Casagranda, Andy Bacon said there was a lot to plastic bags that most
laypeople did not know. He was concerned that enforcement would be difficult because of the
difficulty with measuring thickness.
Council went back on the rules.
Motion to Amend Passed Yes: Towsley,Casagranda,Seese,McClure
No: Keil,Horn
Motion to Amend (Casagranda/Seese) Amend Ordinance 2018-007 by creating a
new Section 9.35.030 entitled "Violations
and penalties".
Motion to Amend withdrawn with no objection from council.
Main Motion Passed Unanimous
Council recessed at 8:54 p.m.
Council resumed at 9:01 p.m.
Squires returned to the dais.
Ordinance 2018-008,Amending Title 3,Chapter 15,Salary Administration to Require Council
Approval of the City Manager's Review and Recommendations for External Equity.
This ordinance was introduced on September 10, 2018 and is coming tonight for a public hearing
and enactment.
Motion (Keil/Casagranda) Enact Ordinance 2018-008
Bridges said each council set their own limits as they were comfortable. Once the union was
put in place, only non-union employees would be eligible. In response to Keil,Bridges said council
would have to be able to review the employee's current salary, and compare that to supporting
documentation provided in order to make a determination on whether to grant external equity.
Notice of the public hearing being posted and published as required by law was noted and the public
hearing was opened.
Patrick Messmer supported this ordinance, whether the decision rested with the city
manager or council. He was most concerned with transparency, and thought that as public servants
all employee salaries should be made public.
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City of Seward,Alaska City Council Minutes
September 24, 2018 Volume 39,Page
No one else appeared to address the Council and the public hearing was closed.
Casagranda said external equity was something used to attract or retain an employee,based
on a comparison with other external employers or communities. She did not think that individual
employee records would have to be reviewed or disclosed in order for council to make decisions. In
response to Keil, Casagranda said she was not suggesting that anyone currently receiving external
equity should lose it.
McClure was concerned that this would be perceived with interfering with personnel matters.
Bridges suggested that council would have to prepare for was to vote on an individual's pay. In
response to Towsley, Casagranda said any employee could potentially receive an external equity
consideration. Casagranda added that according to state statutes, public employee salaries were
public record. Squires thought this ordinance would limit the city manager's ability to attract new
talent.
In response to Towsley, Bridges said an alternative to passing this ordinance would be for
council to consider a revised pay scale for employees with the biennial budget.
Motion to Amend (Casagranda/Towsley) Amend Ordinance 2018-008 in Section 1 (c)
to read,"The City Manager may adjust the
pay plan to account for external equity and
report to City Council within one month of
approval..."
Motion to Amend Passed Yes: Seese, Towsley,Horn, Casagranda,
McClure,Keil
No: Squires
Main Motion Passed Yes:McClure,Towsley,Casagranda,Seese
No: Keil, Horn, Squires
UNFINISHED BUSINESS —None
NEW BUSINESS
Resolutions
Resolution 2018-080, Recommending That The Alice Pickett Memorial Animal Shelter Be
Relocated To Lot 6A-2 Fort Raymond Subdivision Replat Number Three,Located At 605 Sea
Lion Avenue,Within The Institutional (INS) Zoning District.
Motion (Keil/Casagranda) Approve Resolution 2018-080
City Planner Jackie Wilde said this resolution proposed to relocate the animal shelter to the
lot just west of the Electric Warehouse on Sea Lion Avenue,with the driveway and parking access
coming out onto Sea Lion Avenue.
49
ON of Seward,Alaska Citv Council Minutes
September 24, 2018 Volume 39, Page
Motion Passed Unanimous
Other New Business
Approval of the August 27, 2018 Regular Meeting Minutes.
Motion (McClure/Keil) Approve the August 27, 2018 Regular
Meeting Minutes.
Motion to Amend(McClure/Keil) Amend the August 27,2018 Regular Meeting
Minutes under the City Manager Report
for City Planner Jackie Wilde's comments
so it reads,"...Last year,the city collected a
little over$,000$500,000 in sales and bed
tax and had a little over $17,000 $1,700 in
penalties..."
Motion to Amend Passed Unanimous
Main Motion Passed Unanimous Consent
Review citizen applications and make selections on participants for the 50th Anniversary
celebration in Obihiro, Japan in October, 2018.
Council Member Horn declared a potential conflict of interest because he was an applicant.
Mayor Squires ruled that a conflict existed, and Horn left the dais.
Motion (Kell/McClure) Send Mayor Squires to Japan along with six
citizens as the delegation.
Motion Failed Yes: Keil
No: McClure,Towsley,Casagranda,Seese,
Squires
Motion (Casagranda/Seese) Send Mayor Squires along with nine citizens
as the delegation.
Motion Passed Yes: Towsley, McClure, Keil, Seese,
Casagranda
No: Squires
City Clerk Brenda Ballou passed out Ballot#1 containing the names of the 13 applicants,and
instructed council to eliminate four applicant names,thereby voting for the remaining nine to
travel to Obihiro.
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City of Seward,Alaska City Council Minutes
September 24, 2018 Volume 39,Page
The results of the first vote were:
5 Angela Schwertfeger Approved
5 Cathy Byars Approved
3 Dana Paperman
6 Erik Slater Approved
6 Hank West Approved
6 Jeremy Horn Approved
4 Kelley Wiley Lane Approved
6 Lynn Hohl Approved
4 Michael Meeks Approved
3 Rachel Gordon
2 Tom Swann
1 Lori Swann
3 Vanessa Verhey
Ballou passed out Ballot #2 containing the names of the five remaining applicants, and
instructed council to eliminate four applicant names,thereby voting for the remaining one to
travel to Obihiro.
The results of the second vote were:
2 Dana Paperman
1 Rachel Gordon
3 Vanessa Verhey Approved
By unanimous consent, council selected Dana Paperman to be the first alternate should anyone be
unable to travel.
Council directed the city clerk to obtain Seward city flags for presentation to Kushiro and Obihiro.
Council Member Horn returned to the dais.
Discuss Code of Conduct and Code of Ethics. (Keil)
Keil said she met with Lynda Paquette today and they discussed creating a grassroots effort to
draft a code of conduct and code of ethics with a citizen group,perhaps beginning in January,2019.
INFORMATIONAL ITEMS AND REPORTS
Clerk's Report on Public Records Request for August, 2018.
On-Going City Projects and Goals.
Meet The Candidates Forum on September 26, 2018.
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City of Seward,Alaska City Council Minutes
September 24, 2018 Volume 39,Page
Financial Reports for Providence Seward Medical and Care Center and the City of Seward
through July, 2018.
COUNCIL COMMENTS
Seese thanked Darryl Schaefermeyer for his years of service. She said the Kenai Peninsula
Borough gave a discount to businesses when their sales tax remittance was timely;perhaps the city
could consider that approach for bed tax.
Horn thanked Schaefermeyer for his service, and thanked council and the city for selecting
him for the trip to Obihiro. Hank West would be interested in providing a Japanese language
workshop for all attendees.
Casagranda echoed congratulations for the McHones and Darryl Schaefermeyer;their service
was commendable. She thought the report of sales and bed tax revenues should be more than $1
million. Seward High School football played in Homer this weekend and they were inspirational.
Keil thanked the McHones for their service as well as Darryl Schaefermeyer. Keil was
looking forward to working with Lynda Paquette. She wished Squires a happy trip to Washington
DC and Japan.
McClure thanked the McHones and Darryl Schaefermeyer. She noticed some high school
students in the audience tonight,and encouraged everyone to attend council meetings.McClure gave
a shout out to the Chamber of Commerce for hosting Meet The Candidates on Wednesday,
September 26,2018 at 5:00 p.m. She reminded everyone that tomorrow night was a work session at
6:00 p.m. to discuss Transco.
Towsley congratulated Schaefermeyer and the McHones, and wished them all a happy
retirement. She reminded the public to let council know how they felt about the cruise ship dock
proposal.Towsley was thrilled that an investigation would move forward.Election Day was October
2, 2018.
Squires congratulated Darryl Schaefermeyer on his retirement. He was sorry to see the
McHones go. Squires announced he would be out of state starting Sept 27, 2018, and that Vice
Mayor Keil would be providing the welcome at the Harbormasters Conference.
CITIZEN COMMENTS
Willard Dunham thought the cruise ship dock concept was interesting.Following the 1964
earthquake, it took a lot of work to re-establish the harbor infrastructure. He cautioned council to
remember there were almost 6,000 people in this town that needed support throughout the year,not
just for 120 days each year. He was concerned that the cruise ship industry could take over the town
and eliminate he diversity of Seward's businesses to its detriment.
Council recessed until September 25,2018 at 5:00 p.m.
Council resumed on September 25,2018 at 5:00 p.m.
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City of Seward,Alaska City Council Minutes
September 24, 2018 Volume 39,Page
ROLL CALL
There were present:
David Squires presiding and
Marianna Keil Ristine Casagranda
Sue McClure Suzanne Towsley
Jeremy Horn Sharyl Seese
comprising a quorum of the Council; and
Jeff Bridges, Interim City Manager
Brenda Ballou, City Clerk
Absent—None
CITIZEN COMMENTS
Brooke Andrews appreciated the live streaming through Seward Civic Engagement. She was
concerned about cruise ship dock proposal, especially as it impacted commercial fishing.
City Attorney Will Earnhart joined the meeting telephonically.
Lynda Paquette announced that there had been a resolution and ordinance training done by
Seward Civic Engagement on September 20, 2018, and the replay could be found on Facebook.
October 4, 2018 would be the next meeting. Future topics would be citizen initiatives and budgets.
This winter, the group would be looking to develop code of conduct/code of ethics. Regarding the
cruise ship concept,Paquette thought we should look at how ships were evolving and perhaps try to
address that.
Rhonda Bohart was very opposed to the cruise ship dock. She didn't think it made sense to
expand by adding new docks.
Motion to Reconsider (Horn/Keil) Reconsider Ordinance 2018-007
Squires removed himself from the dais.
Motion to Reconsider Passed Unanimous
Motion to Amend (Horn/McClure) Amend Ordinance 2018-007 under 9.35.010
Definitions by reinstating the original
language, "...and that is less than two and
one-quarter mils thick..." under the
definition for plastic carry-out bags.
Motion to Amend Passed Unanimous
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City of Seward,Alaska City Council Minutes
September 24, 2018 Volume 39,Page
Main Motion Unanimous
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Seese agreed that the city could focus on doing more with the current cruise ship dock.
Horn thought the proposed cruise ship timeframe was unrealistic.
Casagranda thanked Lynda Paquette for providing a conduit for education to the public,and
for being so engaged in the city activities.
Keil concurred that the current railroad cruise facility should be the focus.
McClure agreed with that sentiment; she had an outpouring of citizen comments.
Towsley agreed with the concerns raised about the cruise ship dock.
Squires said the presentation last night was intended to provide a fair chance for the public to
hear the concept; he encouraged the public to continue to share their thoughts about the concept.
EXECUTIVE SESSION
Motion (Casagranda/Towsley) Go into Executive Session to discuss the
perceived threatened litigation made by the
finance director during the August 22,2018
Special Meeting.
City Attorney Will Earnhart said it was his opinion that there was no legitimate threat of
litigation and, therefore,he did not recommend council going into executive session.
In response to Towsley, Earnhart said if council had concerns about the finance director's
behavior, they could provide direction to the city manager to investigate the propriety of the
statements.
Towsley stated that the council,as a body,had not voted to pass communications through the
mayor;there were other protocols set up in council rules of procedure. Casagranda added that it was
also the protocol that council members had the ability to contact the city manager directly without
going through the mayor.
Motion withdrawn with no objection from council.
Motion (Casagranda/Seese) Direct the city manager to investigate the
propriety of the statements made by the
finance director on August 22, 2018 to
determine if in violation of the city's
defamation and harassment policy,and,to
investigate the allegations of fraud against
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City of Seward,Alaska City Council Minutes
September 24, 2018 Volume 39,Page
Towsley, and provide a report to the
public.
Motion Passed Yes: Keil,McClure,Horn, Squires
No: Seese, Towsley, Casagranda
Motion to Amend (Towsley/Casagranda) Direct the city manager to investigate the
propriety of all the statements made by the
finance director on August 22, 2018 to
determine if in violation of the city's
defamation and harassment policy and to
determine if there was a violation of
confidentiality or personnel code, and to
investigate the allegations of fraud against
Towsley, and provide a report to the
public.
Council recessed at 5:47 p.m.
Council resumed at 5:58 p.m.
Bridges stated that any party subj ect to the investigation would not be privy to the progress of
the investigation to which council raised no objection.
Motion to Amend Passed Yes: Horn, Casagranda, Towsley, Seese
No: Keil,McClure, Squires
ADJOURNMENT
The meeting was adjourned at 5:59 p.m.
Brenda J. Ballou,MMC David Squires
City Clerk Mayor
(City Seal)
55
City of Seward,Alaska City Council Special Meeting Minutes
August 20, 2018 Volume 40, Page
CALL TO ORDER
The August 20, 2018 Special Meeting of the Seward City Council was called to order at
12:00 p.m. by Council Member Ristine Casagranda.
OPENING CEREMONY
Public Works Director Doug Schoessler led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
Ristine Casagranda presiding and
Sue McClure Suzanne Towsley
Sharyl Seese
comprising a quorum of the Council; and
Brennan Hickok, Assistant City Manager
Brenda Ballou, City Clerk
Absent—Keil, Horn, Squires
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING—None
Council recessed at 12:04 p.m.
Council resumed at 12:08 p.m.
APPROVAL OF AGENDA AND CONSENT AGENDA
Motion (McClure/Seese) Approval of Agenda and Consent Agenda
Motion Passed Unanimous
NEW BUSINESS
Resolutions
Resolution 2018-071,Authorizing The City Manager To Approve Contract Change Order#1
With Jaffa Construction For Lead Paint Abatement And Severe Mill Scale Removal On The
Lowell Canyon Water Storage Tank Project In An Amount Not To Exceed $206,731.00 And
Appropriating Funds.
Motion To Approve (McClure/Seese) Approve Resolution 2018-071
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City of Seward,Alaska City Council Special Meeting Minutes
August 20, 2018 Volume 40, Page
Public Works Director Doug Schoessler said this resolution was unforeseen, but very
necessary. When the paint layers were removed from the outside of the water tank, the mill scale
underneath was excessive. As well, the lead results indicated 1200 ppm, which was enough to
require abatement. The inside of the water tank was also tested,but yielded no lead paint.By moving
forward with this tank renovation,the city was saving approximately 50%of the cost of replacing the
water tank, and the life of the existing tank would be extended by 30-40 years.
In response to Casagranda, Schoessler said he would inform council where the hazardous
waste was being disposed,whether in Soldotna or Anchorage.Hickok added that additional retention
for this contract and project would be requested in order to preserve proper documentation.
Motion Passed Unanimous
COUNCIL COMMENTS
McClure thanked everyone for coming to the meeting; she thought this was a good learning
experience. She appreciated the information provided by Schoessler.
Seese echoed McClure's comments.
Casagranda concurred. She also thanked the City of Obihiro for the gift of sake and
obsidian, and was appreciative that she had the opportunity to be presiding officer for this meeting.
CITIZEN COMMENTS
Lynda Paquette wanted to provide feedback to council about the upcoming interim city
manager candidates; her hope was that whomever council chose would be able to mend the city.
Paquette wondered if there was an answer to the question on whether a potential conflict existed for
an interim city manager to subsequently be hired as a permanent city manager.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
City Clerk Brenda Ballou said the city attorney had provided feedback on the conflict
question and said there was no conflict, so long as the interim stated their intent to potentially be
hired in the position permanently.
ADJOURNMENT
The meeting was adjourned at 12:27 p.m.
Brenda J. Ballou, MMC David Squires
City Clerk Mayor
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City of Seward,Alaska City Council Special Meeting Minutes
August 20, 2018 Volume 40, Page
(City Seal)
58
REPORT OF ELECTION CANVASS BOARD
Certification of City Clerk's Recording
We, the undersigned, duly appointed at the City Council Regular
Meeting on September 10, 2018 as the Canvass Board for the City of
Seward, do hereby certify that we have examined in detail all absentee,
special needs and questioned ballots, original and duplicate tally sheets,
and questioned and special needs registers from the City of Seward
precinct. Upon completion of the canvass, it is our opinion that the
attached summary of election returns, as compiled by the Canvass
Board and recorded by the City Clerk, accurately reflects the totals
shown on the Certificate of Election Returns (ballot statement) by the
election board of the voting precinct for the October 2, 2018 Election.
Dated this 4th day of October, 2018.
(Attach Final Certificate of Results)
59
FINAL CERTIFICATE OF RESULTS FOR THE
CITY OF SEWARD REGULAR MUNICIPAL ELECTION
HELD OCTOBER 2, 2018
The City Canvass Board has canvassed the absentee and questioned ballots of the Regular Municipal
Election held October 2, 2018. The canvass took place on Thursday, October 4,2018. Their totals
are:
REPORT OF ABSENTEE AND QUESTIONED BALLOTS
Absentee AVO (In-Person 86 & By-Mail 2) ballots voted 88
Questioned Election Day ballots voted 7
Special Needs ballots voted(AVO 1 & Election Day 6) 7
Total Voted 102
REJECTED
Reason: Not registered, not registered 7
to vote in City of Seward precinct,
form not completed properly _
Total Rejected 7
COUNTED
Absentee Ballots Counted 87
Questioned Ballots Counted I
Special Needs Ballots Counted 7
Total Counted 95
October 2,2018 City of Seward Regular Election
Final Certificate of Results
60 Page I of 3
FINAL CERTIFICATE OF RESULTS FOR THE
• CITY OF SEWARD REGULAR MUNICIPAL ELECTION
HELD OCTOBER 29 2018
ONE (1) CITY COUNCIL SEAT AVAILABLE (TWO-YEAR TERM)
Election Day Votes After Canvass Votes Total Votes
Kelley Wiley Lane 128 35 163
Wolf Kurtz 117 35 152
Thomas "Andy" Loertscher 58 15 73
Tim McDonald 37 6 43
Write In 3 1 4
TWO (2) CITY COUNCIL SEATS AVAILABLE (THREE-YEAR TERM)
Election Day Votes After Canvass Votes Total Votes
Sharyl Seese 191 56 247
Anthony"Tony" Baclaan 177 43 220
John Osenga 188 58 246
Write In 59 11 70
October 2,2018 City of Seward Regular Election
Final Certificate of Results
61 Page 2 of 3
' FINAL CERTIFICATE OF RESULTS FOR THE
CITY OF SEWARD REGULAR MUNICIPAL ELECTION
HELD OCTOBER 2, 2018
SUMMARY
A total of 366 people voted on election day.
There were 95 absentee in-person (86), by-mail (2), and special needs ballots (7).
There were 7 questioned ballots.
Therefore, 468 ballots were counted.
Upon completion of the canvass, it is our opinion that the results compiled above accurately reflect
the final totals for the Regular City Election held October 2, 2018 in the City of Seward, Alaska.
Dated this 4th day of October, 2018.
October 2,2018 City of Seward Regular Election
Final Certificate of Results
62 Page 3 of 3
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2017-082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ESTABLISHING THE CITY OF SEWARD'S CALENDAR
YEAR 2018 FEDERAL LEGISLATIVE PRIORITIES
WHEREAS, the City annually compiles a list of projects or issues that are identified as
top Federal legislative priorities; and
WHEREAS, the list of projects is compiled and distributed to the Kenai Peninsula
Borough, our congressional delegation and City of Seward federal lobbyist; and
WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts
of City Administration in its lobbying efforts; and
WHEREAS,the passage of this resolution occurs through a public process; and
WHEREAS, all projects on this list are consistent with the City Comprehensive and
Strategic Plans.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA,that:
Section 1. The following list of legislative projects is hereby declared to be the official
legislative priority list of the City of Seward for 2018:
A. APPROPRIATIONS AND GRANTS
L $1.5 million appropriation to the U.S. Army Corps of Engineers for the City's 50%
cost share for a necessary Lowell Creek Flood Diversion Feasibility Study.
2. $7 million for a comprehensive Seward Flood Mitigation Program on the watershed
level by the U.S. Army Corps of Engineers.
3. $2 million to expand the Seward Medical Center, move the CT scanner into the
facility, and provide space for primary health care (City provides $500,000 annually
towards capital improvements).
4. $3 million appropriation for Lowell Point Road storm surge mitigation, bank
stabilization and erosion control projects (from a Section 103 study by the U. S. Army
Corps of Engineers).
5. $1 million appropriation for erosion control projects (from a Section 14 study by the
U.S. Army Corps of Engineers) for the Seward Marine Industrial Center and the
63
CITY OF SEWARD,ALASKA
RESOLUTION 2017-082
Alaska Railroad Dock.
6. $2.496 million in the Highway Transportation Bill for design, engineering,
construction and protection form coastal erosion for the Lowell Point Road, the sole
land access to residences, critical infrastructure, and a State Parks trailhead.
7. Appropriating funding for the Alaska Railroad Corporation Seward Marine Terminal
Expansion project supporting both passenger and freight activities.
8. $250,000 for operating the Alaska live stranding network and responding to marine
mammal and seabird live stranding and mortalities throughout Alaska.
B. AUTHORIZATIONS AND BENEFICIAL LEGISLATION
1. Authorization and appropriation for $1.2 million local government cost share owed
by the City of Seward to the U.S. Army Corps of Engineers, satisfying the total cost
share requirements for Phase 2 of the Seward Harbor Expansion Project (additional
costs were incurred in a second phase of the project to correct a design deficiency by
the U.S. Army Corps of Engineers; the City has paid $869,613.22 for its share of
Phase 1).
2. Authorization language amending the Water Resources Development Act of 2007
(Public Law 110-114, 121 STAT. 1205) as follows:
a. Amending Section 5032 by: 1.) striking "Tunnel" from the title; 2.) striking
"Long-Term" from subsection (a); 3.) striking "Long-Term" from subsection
(a)(1); and, 4.) striking "Long-Term" from subsection (a)(2).
b. Striking subsection (b) in Section 5032 and inserting language directing the
Secretary to conduct a study to determine whether an alternative method of flood
diversion in Lowell Canyon is feasible. Feasibility shall be determined based on
risk reduction rather than cost-benefit analysis. Federal cost -share for the study
shall be the same as the Federal share for the original project.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
27`h day of November, 2017.
64
CITY OF SEWARD, ALASKA
RESOLUTION 2011-011
THE CITY OF SEWARD, ALASKA
David Squires,Ma r
AYES: Casagranda, Keil, McClure, Slater, Towsley, Horn, Squires
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Brenda J. Ballo , MMC
City Clerk
(City Se y.aF E�'V,q�.,�
SEAL
#gla
� � r
��ti.,TF�OFsA�P..•`•
65
Agenda Statement
Meeting Date: November 27, 2017
To: City Council
Through: Jim Hunt, City Manager
Agenda Item: Calendar Year 2018 City, State and Federal Priorities
BACKGROUND & JUSTIFICATION:
The City annually compiles a list of projects or issues that we identify as our top City, State and
Federal legislative priorities. The list of projects is compiled into a package that is distributed to the
Governor's Office, our legislators, the Kenai Peninsula Borough (for inclusion in their legislative
package), and our lobbyist. The list validates projects and greatly focuses the efforts of the
Administration in our lobbying effort as we seek funding or other resolutions both through the State
of Alaska and Federal sources. This year the three lists include projects that are in the planning
phase and/or may qualify for grants in addition to some projects with which Council is familiar. In
order to quality for most grants, the City must include these projects on the City priority list.
INTENT:
This list of priorities focuses the efforts of Administration in lobbying efforts to obtain
appropriations, grants, and legislation from the State and Federal sources to improve the City of
Seward. To qualify for most appropriations and grants Seward's City,State and Federal priorities
lists must be approved in a public process by the City Council.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan Sections 3.1 Economic Development X
2. Strategic Plan Entirety X
3. Other (list): X
FISCAL NOTE: N/A
Approved by Finance Department: i� �
ATTORNEY REVIEW: Yes No X Not Applicable X
RECOMMENDATION:
Council approve Resolutions 2017-080,2017-081,and 2017-082,approving the City of
Seward's Calendar Year 2017 City,State and Federal Priorities.
215
66
BIRCH HORTON BITTNER&CHEROT
A PROFESSIONAL CORPORATION
MEMORANDUM
TO: DAVID L. SQUIRES, MAYOR
FROM: HOLLY C. WELLS
KATIE S DAVIES
RE: CONFLICTS OF INTEREST ARISING FROM CHARITABLE
CONTRIBUTIONS TO COUNCIL MEMBERS
CLIENT: CITY OF SEWARD
FILE NO.: 507,486.1006
DATE: AUGUST 30, 2018
I. QUESTION PRESENTED
On August 8, 2018, Mayor Squires requested a legal opinion regarding a
potential conflict of interest inadvertently created by a City of Seward ("City") employee
regarding a City Council member. Mayor Squires raised this issue after another City
Council member, and other City employees, inquired into the potential conflict of
interest. Specifically, our office was asked to analyze whether a City employee's
creation of a "GoFundMe" page to benefit a Council member's dependent presents a
conflict of interest for that Council member, as well as in other potentially similar
situations in the future.
II. SHORT ANSWER
Yes, but only to the extent that the sponsor of the "GoFundMe" page or one of
its donors has an employment or contractual relationship with the City, or if Council
takes official action involving the fund's sponsor, as a City employee or an individual, or
one of the donors. To this end, the Council member has two options: 1) they can
disclose the conflict of interest and refrain from voting or participating in official actions
that involve the sponsor or donors, or 2) they may refuse to accept any of the funds
raised and/or return the money to the donors.
507486\1006\00747228
67
III. RELEVANT SEWARD CITY CODE PROVISIONS AND SEWARD POLICY AND
PROCEDURES
Seward City Code ("SCC" or "City Code") 2.10.035
Voting — Sequence, procedure, conflicts of interest.
(c) No member of the council may discuss or vote on any question in
which the member has a direct or indirect substantial financial interest.
Direct or indirect financial interest shall be disclosed to the presiding
officer prior to the beginning of debate on the question for a ruling on a
request from the member with the financial interest to be excused from the
discussion and vote. The decision of the presiding officer on a request by
a member of the city council to be excused from discussion and a vote
may be overridden by the majority vote of the council. If there are not at
least four council members in attendance who are qualified to vote, the
matter shall be tabled until the next regular or special meeting at which
four council members qualified to vote on the matter are in attendance.
SCC 3.60.010
Gifts and gratuities.
(a) 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 the 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 to
encourage special consideration with respect to municipal operations,
such offer shall be reported without delay to the employee's immediate
supervisor who in turn will inform the department head.
(b) If there should be any doubt whether a gift or gratuity is of such
significance as to create undue influence upon the employee, the matter
shall be reported to the department head concerned. If any employee shall
knowingly accept any gift or gratuity which creates undue influence or
results in special consideration which benefits the giver, then, with the
approval of the city manager, that employee shall be dismissed from the
city service.
Seward City Council Policy Manual Rule 20
Conflicts of Interest
(a) Conflict of Interest Defined. A conflict of interest exists whenever a
Council Member has a direct or indirect substantial financial interest in
the outcome of a vote or decision of the Council. No member of the
-2-
507486\1006\00747228
68
Council may discuss or vote on any question in which the member has
such a direct or indirect substantial financial interest. (SCC § 2.10.035
C.)
IV. BACKGROUND
A City employee, who is also an IBEW shop steward, created a GoFundMe
account entitled "Looking up to the Crown of Seward" requesting donations for "sports
fees, school supplies and other necessities at home" for the teenage dependent of a
City Council member. A copy of the GoFundMe page in question is attached. The City
employee who created the account donated $200 and other donors also contributed
towards the stated goal of $2,000 in donations. Other donors to the account included
the Alaska Public Employees Association representative and the President of the
International Longshore and Warehouse Union. The page did contain a message
stating: "For the ones out there spying, this is not a political post and is in no way
affiliated with city leadership. This is solely for helping a loving neighbor." The sponsor
also expressly wrote that all donations would go to the Council member's dependents.
V. ANALYSIS
Under the City Code, a City Council member cannot discuss or vote on an issue
in which the member has a direct or indirect conflict of interest. SCC 2.10.035(c);
Council Procedures Rule 20. A fund created by a City employee necessarily creates a
conflict of interest on behalf of a Council member regarding all official actions that would
impact that employee. These actions may include, but are not limited to, employee
benefits and compensation determinations. Similarly, a conflict of interest is created
regarding official action impacting labor relations where union representatives are
donating funds to a Council member.
While it is clear that there is a direct conflict, the more nuanced question is
whether that conflict is substantial. A "substantial financial interest" is not defined by the
City Code or state statute. However, the Alaska courts have repeatedly recognized that
an interest that could influence a Council member's behavior could qualify as
substantial, regardless of the dollar amount involved. More specifically, "the focus ... [is]
on the relationship between the public official's financial interest and the possible result
of the official's action, regardless of the official's intent." Griswold v. City of Homer, 925
P.2d 1015, 1026 (Alaska 1996), citing Carney v. State, Bd. of Fisheries, 785 P.2d 544,
548 (Alaska 1990).
Here, it is highly likely that a court would consider the conflict of interest at issue
direct and substantial. The founder and several of the donors all have interests
currently at issue before City Council. These interests are important, as they involve the
individuals' employment — whether that employment is with the City or an organization
providing services to the City or entering into contracts with the City. Similarly, the
creation of a fund to benefit a Council member's children is designed to direct financial
aid to the Council member. Both the monetary contribution and the power of such a
charitable act likely create a "substantial" conflict of interest under common law.
-3-
507486\1006\00747228
69
VI. CONCLUSION
For all of the reasons stated above, the Council member should declare a
potential conflict of interest before discussing any matter pertaining to labor unions, the
JAG contract at SMIC, or any other issue, such as City employee benefits or
compensation, that involves the donors to the GoFundMe account. Alternatively, the
Council member may refuse to accept any of the funds raised and/or return the funds to
the donors.
HCW/PSC
-4-
507486\1006\00747228
70
• Main Office (907)224-4050
CITY OF SEWARD • Police(907)224-3338
• Harbor(907)224-3138
P.O.Box 167 • Fire(907)224-3445
410 Adams Street , • City Clerk(907)224-4046
Seward,Alaska 99664.0167 • Community Development(907)224-4049
• Utilities(907)224-4050
• Fax(907)224-4038
September 28, 2018 g
Honorable Mayor Norihisa Yonezawa
Obihiro City Hall
Nishi 5, Minami 7-1
Obihiro-Shi, Hokkaido 080-8670
JAPAN
Dear Honorable Mayor Norihisa Yonezawa:
Our temperatures have begun to cool and the leaves on our birch trees have turned to shades of yellow
and gold. I hope this letter finds you in good health and spirits.
Everyone in Seward is very excited and honored that your fine city has extended an invitation for us to
visit, and it is my pleasure to humbly accept your generous offer. Our City Council is delighted to be
sending ten delegates for the occasion.
I am honored to be among the chosen delegation. My arrival will lag behind the others by about two
days in order to accommodate a previous engagement I have committed to, but I am looking forward to
my visit with keen interest.
Other members of the delegation include:
Mr. Jeremy Horn, current Council Member;
Mr. Erik Slater, former Council Member;
Mr. Michael Meeks, City of Seward MIS Manager;
Mrs. Angela Schwertfeger, City of Seward Administrative Assistant at the Harbor;
Mrs. Lynn Hohl, Member of the School Board of Education;
Ms. Vanessa Verhey, current President of the Seward Arts Council;
Ms. Cathy Byars, retired teacher at Seward Elementary School;
Mr. Hank West, Community Theatre organizer and avid Bunraku fan; and,
Mrs. Kelley Lane, Certified Nurse's Aide at Mt. Haven (Senior Living)
The people in our community had a wonderful time hosting your delegation in August, and we will be
forever grateful for the experience. Thank you, again, for the kind invitation.
We will see you soon!
Sincerely,
David L. Squires, Mayor
City of Seward
71
REQUESTS FOR PUBLIC RECORDS
City Clerk's Report
Updated for October 8,2018 City Council meeting
PENDING REQUESTS
EMAIL SENT TO CITY EMAIL SENT
DATE DOCUMENT REQUESTED RESPONSE
REQUESTED BY MANAGER&ASSISTANT TO CITY NOTES
RECEIVED (Summary) CITY MANAGER ATTORNEY PROVIDED
July 5 Wolfgang Kurtz Financial transactions between city Yes No Pending
and Peninsula Communications
(1)Email form HR that Jim Hunt was
appointed ACM;(2)Notice of ACM 1-3 fulfilled;awaiting
position reopened;(3)Announcement Partially
August 3 Kyle Walker that ACM position was filled;(4) Yes Yes fulfilled response for 4 by city attorney
July/August emails between HR and (8/28)
city manager re:ACM position
Sept 7 Ristine Casagranda Payroll for most recent completed Yes No Pending
fiscal ear
All purchase,sale&fleet inventory
Sept 7 Suzi Towsley service records for Vehicle Unit 226 Yes No Pending
and Unit 306
(1) Credit Card Logs for Suzi
Towsley during her
employment,(2)Any
October 1 Kyle Walker correspondence among city Yes No Pending
officials addressing
Towsley's use of the city
credit card
October 3 David Scott Police Report No Yes Pending
72
REQUESTS FOR PUBLIC RECORDS
City Clerk's Report
Updated for October 8,2018 City Council meeting
COMPLETED REQUESTS
DATE REQUESTED BY DOCUMENT REQUESTED EMAIL SENT TO CITY MANAGER&ASSISTANT EMAIL SENT TO RESPONSE NOTES
RECEIVED (Summary) CITY ATTORNEY PROVIDED
CITY MANAGER
June 1 Diana Rhodes Police Report Yes No Sept 26
June 11 Jana Lage Police Report Yes No Sept 24
July 5 Wolfgang Kurtz Dates of contact between Yes No Sept 27
city and Peninsula
Communications
July 5 Wolfgang Kurtz Lease between city and Yes No Sept 27
Peninsula Communications
July 12 Kyle Walker (1)Emails between Yes 8/28 Sept 27
Community Development
and council re:sign code
violation;(2)list of code
violations maintained by
Community Development
August 24 Carol Griswold Building Inspections and/or Yes No Sept 27
permits for 433 Fifth Avenue
from 1997-1998
Sept 10 Brad Snowden 2006 Seward Waterfront Yes No Sept 24 5 hours staff time
Stud
Sept 24 Carole Tallman Police Report No No Sept 24
Sept 25 Brad Snowden PND Presentation for No No Sept 25
Cruise Ship Dock Concept
October 1 Kyle Walker Attorney Memo re:Go No No October 1
Fund Me page for Tows ley
October 2 Wolfgang Kurtz List of Unlicensed Yes No October 4
Businesses and/or Vacation
Rentals
73
CITY PROJECTS & GOALS
Updated for October 8, 2018 City Council meeting
The following list of City Council projects and goals was reviewed, discussed, and updated at the February 12,
2018 City Council meeting.
1. ADA ACCESSIBLE PARKING AT CITY HALL
Council directed the city clerk to provide a history of why the location for municipal elections
was moved from City Hall to the K.M. Rae Building, as it related to ADA accessibility. City
Clerk history and status provided February 27, 2018. First floor restrooms currently under
renovation to provide one large ADA-accessible family restroom, in addition to one men's and
one women's restroom. The first floor restrooms in City Hall were completed May 14, 2018.
Fifth Avenue parking is not practical due to challenges with grade and distance; Adams Street
parking must be reserved for Police Department access; Public Works is currently researching
the feasibility of a modification to the SE corner of the back lot, as well as modifications to
second floor restrooms. Clerk's office received ADA analysis kit from Division of Elections
(DOE); clerk worked with Public Works Director Doug Schoessler and Assistant City Manager
Brennan Hickok to perform the analysis on September 12, 2018. The city clerk will furnish DOE
with results and await response.
2. SET LOCATION FOR SATELLITE FIRE STATION AND PUBLIC WORKS
BUILDING
Administration is currently reviewing a concept public private proposal to house the Quint
(ladder truck) on the city-side of the bay.
3. DISCUSSION ON AIR FORCE RECREATION CAMP SITE
Council held a joint work session with the Planning & Zoning Commission on February 28,
2018. Directed administration to have Community Development bring forward multiple land
use concepts. (Previous council work session was held September 25, 2017). April 9, 2018 work
session to discuss development concepts. Following April 9, 2018 work session, administration
has initiated the rezone of the property to Auto Commercial (AC), the replatting of lots
generally as presented at the work session, and the creation of a subdivision and utility
development plan. 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.
4. SALTWATER HEAT PUMP PROJECT
The state capital budget approved $725,000 for this project; currently awaiting Governor
Walker's signature. Administration is working with the design engineer to update costs and ROI
models in order to identify any potential funding shortfall and prepare strategies for additional
funding sources, if necessary. 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.
5. ENERGY EFFICIENCY OF CITY HALL
6. GROUND TRANSPORTATION FOR AMBULANCE SERVICES
74
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.
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 the city's official radio station for emergencies, and authorized the City
Manager to work with borough to include radio station information in tsunami warning
broadcasts.
9. INCENTIVIZE FAMILY ENTERTAINMENT-TYPE BUSINESSES TO COME TO
SEWARD
10.AFFORDABLE HOUSING(INCLUDING SUMMER WORKER HOUSING)
Council will hold a work session in May, 2018.
(Previous council work sessions were held on May 22, 2017, June 12, 2017, and July 11, 2017).
Community Development will be discussing with Planning and Zoning assessment districts on
October 16, 2018.
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 substance use disorder and mental health services.
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.
13. LED LIGHT CONVERSIONS
14. EXPLORE POSSIBILITIES FOR CREATING A REVENUE STREAM FOR THE
ANIMAL SHELTER AND SOS PETS
75
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
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.
OTHER COUNCIL-DIRECTED PRIORITIES
1. LOWELL POINT ROAD STORM DAMAGE REPAIR
The Request for Proposals for the engineering should be out by the end of October. 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 2018.
2. INVESTIGATION INTO CLAIMS OF DEFAMATION AND FRAUD
Ongoing
COUNCIL COMMITTEES
1. February 26, 2018, council created an Ad Hoc Committee consisting of Council Member Horn,
Council Member Casagranda, and Mayor Squires to work with administration to develop a
Request for Proposals for conducting a third party investigation of city personnel matters.
At the May 29, 2018 council meeting, the city manager was directed to contact the DCRA and
arrange for an audit of administration, personnel, and council. Based on the results of that
event, council will decide whether or not to continue with this committee. At the August 13, 2018
meeting, Assistant City Manager Brennan Hickok reported that the DCRA declined the city's
request for an audit because it was beyond the scope of their duties/capabilities. 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 in
development.
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.
76
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