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HomeMy WebLinkAbout1972 City Council Minutes 68 Page 68 Volume 15 Regular Meeting of December 27, 1971 Regular Meeting of J'll1u8.ry 10, 1972 Item 11 - Adjournment. Clmr. McCloud moved to adjourn. Mayor Richardson adjourned the meeting at 8:35 p. M. / Regular Meeting of J:l11uary 10, 1972 Item 1 - The ReguVu Meeting of the Common Council of the City of Seward), Alaksa, for J8.nu'lry 10,1972, was called to Order by Mayor Richardson 8.t 7:30 p. M. Item 2 - The Opening Ceremony was led by Clmr. Vincent. Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. Vincent, Crisp, McAnerney, Hulm, McCloud and Hill. Junior M'lyor Gillespie was absent. Item 4 - A correction in the Minutes on Page 67, Item 9, line 8 was noted. Delete the name "McCnaerney" and insert "McAnerney". Clmr. McAnerney seconded by Clmr. McCloud, moved to 'lpprove the Minutes as corrected from the bottom one Ih8.lf of Page 66 through the top one/fifth of Page 68 (Reguhr Meeting of December 27, 1971) Passed unanimously. Item 5 - The City Manager repor ted th'lt the City had been 'Iuthorized to hire two police Officers and q clerk-typist under the Public Employment Program. He also reported that four Program Aides for the Alaska Skill Center would be placed through the City. It was noted that the progrl111 ends of June 30, 1972. The City M'1nager reported that the frlllowiJ11S item~ shollld be :ludcd to tonight's 'Igenda: Item ~-f3, Showcase Lounge; 3-CTony's Rar ; 3-D, Pioneer Gar; 3-E, Tony's Liquor Store and :)-F, Seward Trading Company. Item 4-B, American Legion Post # .') and 4-C, American Legion AuxilIary. The City Manager reported th'H Mr. Kroon, the City's Auditor, would not be able to :Htend the meeting this evening 'l11d would try to come down on January 24th. Item 6 - CommuniC:Hions: 1. Letter dated 12/27/71 from the Alaska Municipal Le:lgue reporting th::tt Bureau of Outdoor Recreation funds were still avaiable and Seward could apply at this time. Signed Marilyn Miller, ProgrClm Co- ordinator. 2. Letter d'lted 12/29;'71 from the Department of Fish and Game reporting on the exporotion of four moose calves to Japan. Signed Sterling H. Eide, Man'lgement Coordinator. 3. Letter dated 1/4,/72 from the Local Affairs Agency tr:ll1smitting $1.'),450.00 to the City as '1 portion of the Revenue Sharing Program for 1971-72. Signed Byron 1. M'lllott, Director. 4. Letter dated 1/6/72 from the Economic Development Administra tion reporting on the approval of the wharf plans 'll1d specifications subject to the incorpor'ltion of certain changes. Signed Donald L. Gould, Public Works Division. S. Letter d:lted 1/7 /72 from the AVIska St'lte IIousing Authority reporting that the City's sh'lre of the Conifer Project write- down would now be $1,130.00 :l11d :lsking City approval of this increase. Signed Robert E. Rutler, Execuive Director. (The Ci ty Mal11ger reported that he had approved this request.) 6. Letter dated 1/2/72 from the Seward Branch of the Church of Jeasus Christ of L:Hter Day Saints requesting to purchase approxi111'ltely one :'tcre of the North End of Tract A of the Jesse Lee Height Subdivision. Signed Donald R. Rhnc, President. Clmr. Vincent seconded by Clmr. Hulm, moved to table the request of the Seward Branch of the Church of Je'lsus Chrjr,tofthe LItter D.'tY Saints. Passed unanimously. I I I Ii! ) P'1ge 09 Volume 15 Regul:1Y Meeting of J1nuary 10, 1972 Item 7 - Citizen's Discussion and Public Hearings: l. Public Hearing on the Coast Guard Housing Proposal for:1 portion of Tract A, Jesse Lee IIeights Subdivision. M3yor Richardson opened the Public Hearing: H:111s H'lfemeister asked the Council for hvoulble consideration of the Coast GU:lrd request :ll1d reported that the expenditures of the Coast GUlnl in Seward for the prior 12 months :lmounted to $66,711. 85 and ship's s'llaries for the same period 1mounted to an qdditional $475.961. ,')2 of which approximately h:llf was spent on local purchases. VI'hen 'lsked by Mayor Richardson, Larry Urbach, suited he h'ld no objection to the project. When :lsked, Dick Beissner stated he W'lS in favor of the project but that he would like to see it moved further west. Oscar W:ltsjold f'lVored a site closer to the mountain (further west) 'lS well. Clm1'. Vincent stated the property v:llue would be lowered for re'11 est:lte located north of the Coast Guard housing as presently proposed. Cmdr. St'1l11ey reported that Coast GU'1<rd funds were limited '111d that qdditional construction expenses molY be beyond the capability of the Coast Guard to build. There being no further discussion from the Public, M1yor Richardson closed the Public IIe3ring. Item 8 - Council Discussion: 1. Clm1'. IIulm stated he was of the opinion that the State of Alaska should not oppose the development of off-shore oil wells in Ahskan waters. 2. Clmr, Vincent reported he was in favor of "no fault" insur:lnce for the state :l11d moved, seconded by CUll1'. Hulm, to request the City M:ll1ager to present '1 Resolution to th'1t effect 1t t~- next reguL1r meeting. Passed unanimously. Clm1'. Vincent :llso suggested that Council initiate work sessions to review the current electric contr'1ct :1l1d W'iter Lites. :). M'lyor Richardson requested a Special Meeting of the Council be c'1lled for 8:00 P.M., Mond:lY, J:l11uary 17th, to discuss the Coast Guard I-lousing Proposal 'lI1d requested that a representative of the Coast Guard be present at Wednesd:1Y's Pl'1nning :md Zoning Meeting to discuss possible site :11ternatives in the S:lme general are:l. Item 9 - Resolution, Ordinances and Other Action Items: 1. Ordinance No. 384 (see page 65), an Ordinance adopting the Natioml Electric Code-1971 Edition. Third Re:lding '111d approval. Clm1'. McCloud, seconded by Clm1'. McAnerney, moved to read Ordinance No. :)84 by title only. 111e City Manager read Ordin:mce No. :)84 by title only. P'lssed uH.,nimously. Clm1'. lVIcAnerney, seconded by Clm1'. Hulm, moved to 1dopt Ordinance No. :)84. P'lssed un:l11imously. 2. Ordinance No. 385 (see page 66), :111 Ordimnce 'ldopting the Uniform Plumbing Code-1970 edition. Third reading '1I1d approval Clm1'. McCloud, seconded by Clm1'. McAnerney, moved to read Ordinance No. :)85 by title only. Passed unanimously. The City Manager read Ordin::lnce No. 385 by title only. Clm1'. McCloud, seconded by Clm1'. McAnerney. moved to '1dopt Ordin'111ce No. :=\85. P'lssed unanimously. :). C1m1'. McCloud, seconded by Clm1'. Crisp, moved to ::lpprove application for liquor licenses for: The Yukon Lhr, ShowC'lse Lounge, Tony;s Bar, Pinner I'hr, Tony's Liquor Store '1nd Seward Trading Comp'111Y. Passed unanimIDusly. 4. Cl m1'. McCloud, seconded by Cl mr Mc A nerney, moved to 1pprove applications for Authorized Games of Chance and Skill for the SewClrdChamber of Commerce, i\meriC:1I1 Legion Post:li .'1 'lnd the AmeriGll1 Legion AuxilIary. Passed un:mimously. Item 10 - Report of the Borough Assemblymen: 1. Clm1'. Hulm reported that Ordinance 71- 26, Vote Abstenstion W'lS defC'lted by the 8orough Assembly, that appropri'ltions for the Public Employment Program 1nd Local Service Roads h'ld been p'1ssed 'll1d th,lt work on the hlIout shelter 'It the Sew'lrd Grade School W:1i" proceeding. Adiournment: Clm1'. McCloud moved to adjourn. M:,lyor Hichardson the M ing at 9:.'12 P. M. j\ obert F. Richardson M'lyor 70 Page 70 Volume 15 Special Meeting of Jqnuary 17, 1972 Regular Meeting of January 24, 1972 Item 1 - The Special Meeting of the Common Council of the City of Seward, Alaska, for January 17, 1972, was called to Order by Mayor Richardson at 8:00 p. M. Item 2 - The Opening Ceremony was led by Clmr. Hulm Item;:) - Roll was called and those present were Mayor Richardson, Clmrs. Hulm, Hill, McCloud, Crisp, McAnerney, Vincent and Jr. Mayor Gillespie. Item 4 - Discussion on the Coast Guard housing proposal for a portion of Tract A of the Jesse Lee Heights subdivision. Inforn1'1tion concerning the proposed s;lle W'lS reviewed by Council and a letter dated J'll1uary 13, 1972, from Comm'll1der A. 13. Beran requesting consideration of the Coast Guard's original proposal was read. Clmr. Vincent moved to approve the recommen- dation of the Planning and Zoning Commission granting the Coast Guard Block 4 of the Bayview Subdivision. Motion died for lack of a second. Clmr. McAnerney, seconded by Clmr. Hill, moved to approve the sale of 'lpproximately 4.7 acres of the South end of Tract A of the Jesse Lee Heights subdivision to the United States Coast Guard. Motion passed with Clmr. - Vincent voting "no". The City Mcll1ager requested that the existing route of Swettm3n Avenue be m3intained and that an adequate corridor around the existing Jesse Lee Home buildings be retained. There was no objection from Council. Item 5 - Resolution No. 84;:), see attached, a Resolution supporting "no fault" automobile insurance. Clmr. Hulm, seconded by Clmr. McCloud, moved to adopt Resolution No. 84;:). Pa ssed unanimous ly. Item 6 - Adjournment: Clmr. McCloud moved to adjourn. M;lyor Richardson ;ldjourned the meeting at 8:37 P.M. Regular Meeting of January 24, 1972 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for January 24, 1972, was called to Order by Mayor Richardson at 7:;:)1 P. M. Item 2 - The Opening Ceremony was led by Clmr. McCloud. Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. McCloud, Hulm, Hill, Crisp, McAnerney and Jr. Mayor Gillespie. Clmr. Vincent was absent. Item 4 - Approval of Minutes. Clmr. McCloud, seconded by Clmr. McAnerney, moved to approve the Minutes 3S presented from the bottom four lfifth' s of Page 68 throught the top one/half of Page 70 (Regular Meeting of Ill,? 172 8nd Special Meeting of 1/17 ;'72). Passed unanimously. Item 5 - City Manager's Report None Item 6 - Coummunications. 1. Notice of Public Hearing from the Kenai Peninsula Borough reporting that the Public Hearing on the rezoning of the South one half of Tract A from Single Family residential to multi family residential is scheduled for February 9, 1972 in Seward and for February 14, 1972 in Soldotna. Signed Ralph R. Darbyshire, Planning Director. I I I Page 71 71 V olume IS Regular Meeting of January 24, 1972 Item 6 - Communications 2. Letter Jated 1/19/72 from Office of the Governor transmitting the City's contract for four program service aides, one clerk- typist and two policemen under the term of the Emergency Employment Act of 1971. SignedWarren W. Wiley, Administrative Assistant. 3. Letter dated January 11, 1972 from the Corps of Engineers transmitting a Department of the Army permit for the Construction of a wharf in the Small 80at Harbor. Signed David J. Nicholls, Chief, Operation Branch. 4. Copy of a letter from Hughes, Thorsness, Lowe, Gantz and Clark to William Vogt, 1st National Bank of Anchorage confirming the opinion that the City is authorized to apply for interim financing in an amount up to $262,000.00 for the wharf construction project. Signed Kenneth P. Jocobus. 5. Letter dated January 14, 1972 from the Alaska City Manager's Association reporting that the Spring Meeting will be held in Juneau on February 23rd thru the 2.Sth. SigneJ Palmer McCarter. 6. Letter from Northwest City Manager's Association reporting that the 13th Biennial Conference will be helJ near Lincoln City, Oregon on March 9th through the 11th. Signed Donald L. Jones. Secretary-Treasurer. The City Manager requested permission to attend both conferences. Clmr. Hill, seconded by Clmr. McAnerney, moved to authorize the City Manager to attend the Ahska City Manager's Meeting and the Northwest City Manager's Conference. Passed unanimously. Item 7 - Citizen's Discussion and Public Hearings 1. Hans Hafemeister stated that he felt putting the Jesse Lee Home up for bid again was a misuse of Public funds and that the issue is not worthy of being put on the ballot. Item 8 - Council Discussion. 1. The City Manager reported that Sea Land had used a portion of the Seward Waterfront track with his permission but that the vans were going to be removed as soon as possible. Clmr. Ilulm stated that the City should receive revenue for the use of City property but that if Sea Land was moving out that any fees should be forgotten. 2. Cl mr. McAnerney, seconded by Clmr. McCloud, moved to initiate a plan for the demolition of the Jesse Lee Home structure and to request the area to be rezoned for multi family use. Discussion followed. Clmr. McCloud, seconded by Clmr. Hulm, moved to table the motion for two weeks and to hold a Public Hearing on the subject at the next regular meeting. Passed unanimously. *3. Clmr. Hill, seconded by Clmr. McAnerney, moved to approve the application transfer of liquor license from Lewis E. Thorn to Thorn's Inc. Passed unanimously. 4. Clmr. McCloud, seconded by Clmr. Hulm, moved to award the bids for petroleum products to the apparent low bidder for each item. Passed unanimously. 5. Clmr. Hill, seconded by Clmr. Hulm, moved toaward the tires, tubes and batteries bid to E. L. Haye Enterprises. Motion passed with Clmr. McCloud voting "no". 6. Resolution No. 84S, (see attached), a Resolution awarJing bids in the tax foreclosed property sale. Clmr. McCloud, seconJed by Clmr. Hulm, moved to adopt Resolution No. 84.S. Passed unanimously. The City Manager read letters making offers on two parcels in the sale for which no bids were received. Clmr. McCloud, seconded by Clmr. Hill, moved toaccept the letter biJs as submitted. Discussion followed. Clmr. Hulm, seconded by Clmr. Hill, moved to table the motion aoJ to put the remaining properties up for bid with no specified minium. Passed unanimously. 7. The City Manager submitted an outline recommendation on a series of recreation posibilites. Discussion followeJ and an idea to add children's playgrounJ equipment in the Depot park was agreed upon in prinCiple. CImr. MC1\nerney, secondeJ by Clmr. McCloud. moved to authorize the City Manager to apply for recreation funds in the amount of $1.'),000.00 on the basis of a 50% match. Passed unanimously. * Item 9 - Resolutions, Ordinances and Other Action Items: 1. Resolution No. 844 (see attached), a Resolution supporting retention of the U. S. Naval Station Kodiak Island, Alaska. Clmr. McCloud, seconded by Clmr. Cri~D, moved to approve Resolution No. 844. Passed unanimously. 2. Clmr. Hulm, seconded by Clmr. Hill, moved to approve application for renewal of Liquor Licenses for Pioneer Liquor, Solly's Liquor Store and Dorothy's Cocktail Lounge. Passed unanimously. 72 Page 72 Volume 15 Regular Meeting of January 24, 1972 Item 10 - Report of the Borough Assemblymen 1. Clmr. Hulm reported that the Borough Assebmly had intorduced Ordinance 72-1, an Ordinance rezoning a portion of Tract A of the Jesse Lee Heights subdivision; that the problem of school maintenance had been discussed but that no main- tenance man for the Seward School would be provided; that the Borough Assembly supports a road through Katmai National Monument to Naknek and that the Cooper Landing School bids are out. Item 11 - Adjournment Clmr. McCloud moved to adjourn. Mayor Richardson adjourned the Meeting at 9: 24 P. M. ~ . t, ~-i...tt~-----./ / Ro tF.Richardson Mayor Regular Meeting of February 14, 1972 Item 1 - Regular Meeting of the Common Council of the City of Seward, Alaska for February 14, 1972, was called to Order by Mayor Richardson at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. Crisp. Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. Crisp, McAnerney, Vincent, Hulm and McCloud. Clmr. Hill was absent. Junior Mayor Gillespie arrived late. Item 4 - Clmr.Hulm, seconded by Clmr. McAnerney, moved to approve the Minutes as presented from the botttom one-half of Page 70 through the top one-third of Page 72 (Regular Meeting of January 24, 1972). Passed unanimously. Item 5 - The City Manager reported (1) that the Council would be appointing four members to the Planning and Zoning Advisory Commission and that the Harbor Commission members were also up for reappointment at the next regular Council meeting, (2) that if the Council had no objections he would plan to take one week of annual leave following the Oregon City Manager's meeting (no objection), (3) that if Council had no objections the Council Meeting scheduled for March 13th would be postponed (no objection), (4) that a third check signature needed to be authorized (Mayor Richardson was selected) and (5) that two items should be added to tonight's agenda: 1. Item 9-7: Bid Award - Harbor Electical and 2. Item 9-8: Approval of Application for authorized games of Chance and Skill for the Sacred Heart Church. Item 6 - Communications: 1. Letter dated 2/4/72 from State Planning and Research inviting comments on the proposed Coast Guard Housing for Seward. Signed Jerry L. Madden, State-Federal Coordinator. 2. Letter dated 1/28/72 from Airstream Wally Byam Carvans advising that the "Arctic-Midnight Sun Caravan #86" would be in Seward on July 4, 1972. Signed Robert W. Smith, Director of Caravans. 3. Letter dated 2/8/72 from State Planning and Research reporting on the State Clearinghouse review for Seward's Sewage Treatment Plant. Signed Jerry L. Madden, State-Federal Coordinator. l~. Letter dated 2/11/72 from James C. Merbs submitting a verified claim from Tom I I I THE CITY OF SEWARD Resolution No. 844 WHEREAS, the State of Alaska is primarily a maritime state, and WHEREAS, the State of Alaska is located in an area of great strategic and military value, and WHEREAS, international relations indicate that a vital sea defense force is ba;}i,': to the continued tradition of military ~reparedness, and WHEREAS, Kodiak Island has played a vital role in the nation's defense during World War II and has continued to ~lay a vital role in the safety and defense of Alaska's sea commerce, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seward, Alaska: Section 1: That the U.S. Naval Station located on Kodiak Island, Alaska, be continued to operate as a major naval installation in the North Pacific. Section 2: That the U.S. Naval Station be maintained and upgraded as necessary to promote the site as a training center for all branches of the armed services. Section 3: That the U.S. Naval Station be considered as an important military installation and that future attempts at reducing personnel or abandoning the facility be per- manently discarded in the interest of national defense. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of January, 1972. ~~. Mayor DISTRIBUTION: Alaska Congressi0nal ~cmbers Governor Willi8m A. E&~n American Legion Post #5 - Seward City of Kodiak American Legion ~cst #17 - Kodiak Seward Chamber of Commerce Kodiak Chamber of CUuWlerce , THE CITY OF SErJARD RESOLUTION NO. 845 I WHEREAS, the City of Seward conducted a public bid sale ef certain tax foreclosed properties, and WHEREAS, bids were received for selected parcels, NOW, THEREFORE, BE IT RESOLVED by the City Council ef the City of Seward, Alaska, that the following bids be awarded: A. Lots 24 & 25, Block 10, Laubner Addition (A. L. Lintner) B. Lot 1, Block 11, Cliff Addition 400.00 (A. L. Lintner) $ 765.00 I C. Lots 37 and ~8, Block 28, Original Townsite. 850.00 (Bruce C. Sieminski) D. Section 35, Township 1 North, Range 1 West, Lot 12 and that portion of Lot 13 within the I City of Seward. $1,000.00 (Howard E. Haworth' BE IT FURTHER RESOLVED that copies of this resolution shall be posted as is the case for resolutions disposing of real property and that said posting shall take place for thirty(30) days at which time the sales become effective. PASSED AND APPROVED by the City Council of the City of Seward, this 24th day of January, 1972. ~'~7 (' " . .:.77~pj~~~---v ..~ Mayor I I I I ........') , d REGULAR MEETING OF FEBRUARY 14, 1972 Smith regarding certain expenditures in connection with the devel- opment of the Jesse Lee Home property. Signed James C. Merbs. 5. Letter dated 2/2/72 from Alaska Information and Services, Inc., to Bernard C. HulIn reporting that the Jesse Lee Home if properly repaired could solve housing problems for Japanese tours and may be of interest to Japanese investors. Signed Steve K. Yoshida, President. 6. Letter dated 2/9/72 from Donna L. Kowalski submitting 83 signatures indicating support for the proposed Coast Guard re- zoning of a portion of Tract A of the Jesse Lee Heights Subdivision signed DOffi1a L. Kowalski. Item 7 - Citizen's Discussion and Public Hearings: 1. Public Hearing on the proposed demolition of the structures formerly housing the Jesse Lee Home in Seward. Mayor Richardson opened the Public Hearing: Lee Poleske stated the buildings should be destroyed but that some area should be preserved as a memorial. Mrs. Pat Williams stated that the buildings should be destroyed since they are a danger to children. Mrs. Jackie Deck reported that the City or the Police cannot adequately patrol the area at all times. Tom Smith stated that people don't know what the building is worth and that the City should put out more effort. He also requested tht the COlffiCil take no action until the property has been "cleared" refering to his pending lien. Joe Delaney stated the buildings are a danger to kids and that no one with business sense would go to the effort to advertize. r1ayor Richardson closed the Public Hearing after everyone who desired to speak was heard. Clmr. HlllIn advanced his opinion that the Council should do something this year - that at least one more effort to advertize the buildings should be made. Council agreed that ad's should be prepared and placed in selected newspapers which call for development proposals for the remaining Jesse Lee Properties. Item 8 - Council Discussion: 1. Clmr. Vincent requested that copies of the Resolution regarding no fault insurance should be sent to Cities in the State. 2. Clmr. HulIn reported on Citizen's complaints regarding the use of snow machines and the City Manager reported that if Council concured the Police would enforce the State regulation limiting snow machine operation to licensed drivers (no objection). Item 9 - Resolution, Ordiances and Other Action Items: 1. Clmr. McCloud seconded by Clmr. McAnerney, moved to approve the R-3 Zoning recommend- ation for the South one/half of Tract A, Jesse Lee Heights Subdivision. Passed unanimously. 2. Clmr. McAnerney, secondedoy Clmr. Crisp, moved to apDrove the replat of Tract A, Jesse Lee Heights subdivision and to deed Lots 1 A and 2 A to owners of record s..lbject to existing deeds of trust. Passed unanimously. 3. Resolutio:J No. 845, (see attached), a Resolution declaring certain accounts as "uncol1ectable". Clmr. Hulm, seonded by Clmr. McCloud, moved to adoDt Resolution No. 845. Passed unanimously. 4. Resolution No. 846 (:see attached), a Resolution authorizing a "no miniwn bid" sale of certain tax fore- closed properties. Clmr. McAnerney , seconded by Clmr. McCloud, moved to adopt Resolution No. 846. Passed unanimously. 5. Resolution No. 847 (see attached), A Resolution relating to mandatory jail terms and fines for second or third offenders of drug violations. Clmr. McCloud, seconded by Clmr. Crisp moved to adopt Resolution No. 847. Pa'osed unanimously. 6. Ordinance No. 386 (:see attached) Harbor Ordinance. Clmr. Vincent, seconded by Clmr. McAnerney moved to read Ordinance No. 386 by title only. Passed wlanimously. Ordinance No. 386 was read by title only. Clmr. Vincent, seconded by Clmr. McCloud, moved to approve Ordiance No. 386 on first reading and to pass it on to second reading. Passed unanim)usly. 7. Bid- Award - Harbor Electrical. Clmr. Mc:Anerney, seconded by Clmr. McCloud moved to award the Harbor Electrical bid to Arctic Electric contingent on the firm's obtaining a performan2e bond acceptable to the City. Passed unanimously. 8. Clmr. :vIcCloud, ;oeconded by Clmr. HulIn, moved to approve the application for permit for Authorized games of Chance and Skill for the Sacred Heart Church. Passed unanimously. 9. Clmr. HulIn, seconded by Clmr. McCloud, moved to apporve retaining of R. W. Bec:k and Associates to perform consulting services for the Chugach Electric contract negotiations. Passed unanimously. 74 REGULAR MEETING OF FEBRUARY 14, 1972 SPECIAL MEETING OF FEBRUARY 22, 1972 Item 10 - Report of the Borough Assemblymen. None Item 11 - Adjournment. Clmr. McCloud moved to Richardson adjourned the Meeting at 11:32 P.M. i~.{'~ ~JCity Clerk-Treasurer adjourn. Mayor ~ ~ " '" ''V~..r>.... Robe F. Richardson Mayor Special Meeting of February, 22, 1972 Item 1 - The Special Meeting of the Common Council of the City of Seward, Alaska, for February 22, 1972, was called to Order by Mayor Richardson at 7:31 P.M. Item 2 - The Opening Ceremony was led by Clmr. Vincent. Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. Vincent, Crisp, McAnerney, McCloud and Hill. Clmr. Hulm and Jr. Mayor Gillespie were absent. Item 4 - Resolution No. 849 (see attached), a Resolution awarding the wharf construction project to Christanson Construction Company, Inc., and Healy-Tibbitts Construction Company, a joint venture. Clmr. McCloud, seconded by Clmr. Hill, moved to adopt Resolution No. 849. Passed unanimously. Item 5 - Clmr. Hill, seconded by Clmr.McCloud, moved to approve the application for liquor license for the Harbor Dinner Club. Passed unanimously. Item 6 - 1. Clmr. McCloud, seconded by Clmr. McAnerney, moved to authorize Community-Recreation Center feasibility study provided funds are made available from private sources. Passed unanimously. 2. Resolution No. 848 (see attached), a Resolution authorizing certain signatures to appear on checks, drafts, notes or orders drawn against City accounts. Clmr. McCloud, seconded by Clmr. Crisp moved to adopt Resolution No. 848. Passed unanimously. Item 7 - The City Manager read a letter from the First National Bank of Anchorage outlining an interim financing agreement. Clmr. McCloud, seconded by Clmr. Vincent, moved to approve the agreement. Passed unanimously. The City Manager read an action in Superior Court filed by James C. Merbs on behalf of Tom Smith for a lien against the Jesse Lee Home properties. Clmr. Vincent reported that Sea Land vans were once again on City property and it was Council's desire to bill Sea Land $500.00 a month for the use of these lots. Item 8 - Adjournment: . hardson . Clmr. McCloud moved to adjourn. the Meeting at 8:28 P. M. Mayor A'ITACHED TO AND MADE A PART OF THE MINUTES OF THE JARD CITY COUNCIL 15 - FAGJ<;/?3 ~) . (' /1.A-(.)(, yc:v<:': James R. Fllip, (Y" , /tity Clerk-Treasurer I SEWARD, ALASKA HARBOR ORDINANCE d3R~ 1. Section 5-15 provides for a minimum fine for certain violations. The blanks should be filled in before enactment. We are not sure which section the city inte:nded in this case. 2. Several sections mention the "Seward Small Boat Harbor." If this is different from "the harbor, " a definition for it should be added. If it is not dif- ferent, these references should be chaDged to "the harbor. " I ATTACHED TO AND MADE A PART OF THE MINUTES OF THE S ARD CITY COUNCIL , ) Vi , 15 - p;rr~ es R. Filip, , 'City Clerk-Treasurer HARBOR ORDINANCE ORDINANCE No.3 K' I An Ordinance Amending and Reenacting Chapter 5 of The Code of the City of Seward, Alaska, Providing for Licensing and Regulating the Operation of Boats; Providing for the Safety and Comfort of Persons Using Waterways; Requiring Clean- liness of Docks; and Prescribing Penalties for the Violation of Its Provisions. Be it Ordained by the Council of the City of Seward, Alaska: Section 1. Chapter 5 of the Code of the City of Seward, Alaska, is hereby amended and reenacted to ,'ead as follows: Article I. In General. Sec. 5-1. Short title. This chapter shall be known and may be cited as the "Seward Harbor Regulations." Sec. 5-2. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Auxiliary. Any vessel which may be propelled by sails or by means of an inboard or outboard engine. While under sail only, an auxiliary shall be subject to rules gov- erning sailing craft; while under power, either with or without sails, an auxiliary shall be subject to the rules governing motorboats. I Boat. Boats or vessels of every kind and description used for commercial and recreational purposes. ,Business. All professions, trades, occupations and callings carried on for a profit or livelihood, including every kind of commercial enterprise, and including the operation of games, machines or mechanical devices. f:~~Y.: The City of Seward or any appointed representative of the city charged with the duty of operating the harbor. ' City mana4?:er, The city manager of the.. City of Seward. Doele A waterway extending between two piers for the reception of vessels; specifically, a landing pier for boats; a wharf. ~2.hief. The fire chief of the City of Seward. .!!ftrbor. All navigable waters, inlets, bays and coves of Resurrection Bay within the limits of the city. Harbor commission. The harbor commission of the City of Seward. Harbor master. The harbor master of the City of Seward or his duly authorized representatives. 1 A'ITACHED TO AND MADE A PART OF THE MINUTES OF THE S V CITY COUNCIL " 15 -~AG 3~~/~" , '~' Moorin~. Any weight, chain, rope, floating ob~ .~ stru . or' plian . used for the purpose of holding a vessel in a particular pI ce, and which is not carried on board such vessel as regular equipment when underway. Motorboat. Any vessel whose only means of propulsion is by internal combustion, electric or mechanical engine, either inboard or outboard. Person. An individual; a receiver; a trustee; a co-partnership; joint adventurers; a firm; an unincorporated association; a syndicate; a club; a society; a trust; a private corporation; a public corporation; a county, state or federal agency, board or com- mission; a school district; a water district; a utility district; or a political subdivision. I ~. A structure built out into the water with piles, for use as a landing place. Police chief. The chief of police of the City of Seward. Preferential assignment. A preferential assignment shall give the assignee the right to the preferential use of the wharf area described in the assignment. Sailing craft. Any vessel whose only means of propulsion is by sail. Sand dolly or trailer. Any movable cradle, structure or device used for moving boats into or out of the water, or for the storage of boats thereon. Shoreline. The line of the tide at any given time. Slip. A vessel's berth between two piers. Stray vessel. A vessel that is (1) an abandoned vessel; (2) the owner of which is unknown; (3) a vessel moored without permission; (4) a vessel underway without a competent person in command. "Underway" means not at anchor, or made fast to the shore or aground. Temporary assignm,el').~: A temporary assignment shall give the assignee the right to the temporary use of the wharf area described in the assignment. I Vessel. Every description of watercraft used or capable of being used as a means of transportation on the water. Wharf. Any structure alongside which a vessel may lie. Wharf area. Such term shall mean and include pier, wharf, bulkhead, bulkhead wharf, quay wharf, seawall, seawall structure, embankment, thoroughfare, and other port terminal facility areas alongside of which vessels may lie or which are suitable for and are to be used in the loading, unloading, assembling. distribution and handling of merchandise. Wharf rental. The charge assessed against the assignee for either the preferential or temporary assignment to the assignee of a wharf area, which charge shall be in ad- dition to other charges required by the provisions of this chapter. 2 ATrACHED ill AND MADE A PART OF THE MINUTES OF THE S CITY COUNCIL VL,~~5 ~ IE ~~:' , Sec. 5-3. Harbor commLssion--Creatll ; c~ osi~;' ualifica- tions and appointment of members. ,.. harbor commission is hereby created. The harbor commission shall consist of five members, all of whom shall reside in the city and who shall be nominated by the mayor and confirmed by the city council. Sec. 5-4. Same--Powers and dutir-s. I The harbor commission shall have the following p<NIers and duties: (a) To conduct studies and make recommendations and reports to the city manager, the mayor and the city council as the official city advisory body concerned with all as- pects of Resurrection Bay. Areas of concern shall be: ,(1) Overall bay and harbor improvements to better accommodate ocean shipping and docking and commercial and pleasure crafts; (2) Development of land uses of lands contiguous to Resurrection Bay which will coordinate with and cnha:we the aquabc uses of Resurrection Bay; and (3) Development or redevelopment of small craft harbor facilities for both commercial and pleasure craft. (b) To determine those projects and activities, and their financing and means, which will best suit the sensible growth, improvement or alteration of Resurrection Bay. (c) To actively identify itself with and work in cooperation with any and all other duly constituted governmental or civic bodies conducting planning studies, surveys or projects relating to the use or development of Resurrection Bay and contiguous land areas. (d) To actively promcte public relations between the city and the users of Resurrec- tion Bay. I Sec. 5-5. Dclr.{ation of authority to city mana~er. The responsibn', ~y for the administration of the provisions of this chapter is delegated to the city manage:..', or officers or employees of a department or departments of the city designated by him; provided, that some or all of the duties necessary to be performed in the administration may be performed by the harbor master. Sec. 5-6. Duties ,-'f city manager. It shall be the duty 'of the city manager: . (a) To carry out the orders of the city council and to enforce the provisions of this chapter and all other harbor regulations and ordinanL'es. (b) To order any v( ssel improperly anchored, moored or berthed in any area out- side the jurisdiction of the d;strict to change its position to such a one as he may designate, and in case his orders are not complied with, or the vessel is unattended, to cause such vessel to be so moved, and to collect the cost thereof from the vessel or the owner thereof. 3 ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNC, ~ JiJ VOL 15 - PAGE 7 .s. ~)/( ':rA:::..'9 (c) To promptly report to the appropriate federal agency any vi lon of the laws :Y of the United States for the protection of navigation and the preserva 'on of navigable waters, particularly any encroachment on the waterway by the building of illegal struc- tures, illegal filling or dumping of material of any sort into the waterway or throwing overboard or setting adrift or allowing to be set adrift anything that is or might become obstructive or dangerous to navigation. Sec. 5-7. Duties of harbor master. It shall be the duty of the city harbor master: I (a) To act for and assist the city manager in administering the provisions of this chapter, coordinating with appropriate department heads services falling within their respective functions as defined in this chapter. (b) To collect harbor fees and charges and record in a proper register the loca- tion and the names, length, draft, beam, type and names and addresses of the owners of all boats 'mooring in the Seward Municipal Small Boat Harbor, and the position of each approved mooring shall be noted upon a map or chart of the harbor. Such records, maps and charts shall be records of the city and shall be kept at the office of the harbor master. Sec. 5-8. Duty of masters and pursers of vessels to furnish in- formation to harbor master; examination of papers of vessels. To enable the harbor master to keep an accurate record of the number, size and kind of vessels using the harbor, the amcunt, kind and value of waterborne freight handled, and the number of passengers carried, the masters and pursers of all vessels using the harbor or wharves are hereby required to furnish the harbor master with such information and, if so requested, to permit the harbor master to examine their papers, including their manifests, I Sec. 5-9. Review of actions of harbor master and city manaJ!:er. Any. ruling of the harbor master shall be subject to review by the city manager, and any ruling of the city manager shall be subject to review by the harbor commission and city council, upon application of any person affected by the ruling. Upon any such review the ruling may be affirmed, reversed or modified. Sec. 5-10. Rig,ht of entry for purposes of inspection. The city manager, harbor master or any other person authorized by the city council may enter and survey all vessels moored, anchored or proceeding in the harbor, and grounds, buildings and places within the citY,: to which this chapter is applicable, for the purpose of determining compliance therewith. Sec. 5-11. Conflicts with federal laws and reJ!:ulations. When any section of this chapter is found to be in co:rllict with federal laws and regulations governing the equipping, operation and licensing of boats and vessels on navigable waters of the United States, then such federal laws and regulations shall prevail, but the remaining sections of this chapter shall not be affected. 4 ATI'ACHED 'l'O AND MADE A PART OF THE MINUTES OF THE SEWARD CITY CO VOL 15 - PAGE 73 / ...bI/ Sec. 5-12. Assumption oj risk b owners of boat. r/( ~~~ , p The owner of any boat shall assume all risk of damage or 10 _so his property of any kind while it is within the limits of the harbor. The city assumes no risk on ac- count of fire, theft, act of God or damage of any kind to boats, persons or eqUipment. I Sec. 5-13. Emer!;cncy action in case .of fire or ~xtreme emer- !;ency. The provisions of this chapter shall not be construed to limit the operator from taking action necessary to protect life, limb or property in the case of fire or extreme emergency. Sec. 5-14. Al!_~"lority to remove vessels. Failure to observe any of the regulations of this chapter will entitle the city, by order of the city manager, to eject, remove or require the removal of any vessel from the harbor. This provision shall be in effect regardless of any lease or any other rights the boat or vessel owner may have. Sec. 5-15. Penalty. It shall be the duty of the owner and master of each vessel moored, berthed or operated in the harbor to enforce strict compliance with the provisions of this chapter. The owner and master shall be liable for aU violations of the provisions of this chapter occurring upon his vessel or during the operation of such vessel. The minimum pun- ishment for the first violation upon a vessel of section_ shall be a fine of fifty dol- lars, and the minimum punishment for each successive violation of said section upon the same vessel shall be one hundred dollars. In addition, a violation of section shall constitute disorderly conduct, and the person violating the same shall be a disorderly person. A violation of any of the other sections of this chapter shall subject the violator thereof to the penalties provided for in section 1-10. I Article II. Regulation .of Harbor Activity Generally. Sec. 5-16. Deposit of refuse, flammable materials, etc.. in water or on land; authority of city to remove prohibited substances. No person shall throw, place or introduce any garbage, oil, flammable liquid, spirits, bilge water, dead animal, putrefying matter, refuse or waste matter of any description into the waters of the harbor or along the shore, piers or wharves thereof, or upon any land within the harbor. Any person violating this section shall be subject to the penalty provided for violations of this chapter and, in addition thereto, the city may remove the same, with or without notice, and any costs of removing the same may be recovered by the city from the person violating this section. Sec. 5-17. Allowing boats or refuse to remain on shoreline; ~uthority of city to remove boats and prohibited substances. No person shall place or al~ow vessels, boats, materials, garbage, refuse, timber or waste matter of any description to r~main on or upon the shorelines of the Pacific Ocean within the city limits, or on the shorelines of the harbor within the city limits. The city manager may remove the same, with or without notice, at his option and the cost thereof may be recovered from any person owning the same, or placing .or causing it to be placed on the shoreline, in a civil action. 5 ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD~I COUNCIL VOL 15 - PA E 73 . / S e c . 5 - 1 8 . Ref use and .g arb a ~ e d i s p 0 s a I ';7'4 ;r:;#Y7 All refuse and garbage shall be placed in the designl\'t~ontainers at the top of the ramps. I Sec. 5-19. Noise. No person shall make or cause to be made any unnecessary noise, or shall play any musical instrument, in the harbor, between 11:00 P. M. and 7:00 A. M. Violation of this section will be cause for removal of the violator's boat from the harbor. If any group or organization vvishes to hold any function which may continue after 11:00 P. M., request for approval therefor must be made to the city, which may extend the time. I Sec. 5-20. Unseaworthy vessels; duty of owners of wrecked or sunken vessels. No person shall bring into, moor or berth within, the harbor any vessel of any kind whatsoever which is so unseaworthy or in such a badly deteriorated condition that it is liable to sink or damage docks, floats or other vessels, or which may be- come a menace to navigation, except in cases of extreme emergency in which case the owner will be liable for any damage caused by such vessel. In the event a vessel or other craft is wrecked or sunk within the harbor, it shall be the owner's responsi- bility to mark its position and provide for the raising and disposition of such vessel or craft and assume all liability for damage to city property or other vessels in the harbor. Sec.' 5-21. Abandoned, disabled, etc., boats declared nui- sance; abatement of nuisance. Every boat in a waterway which is abandoned, or which becomes a menace to navigation or unseaworthy, or sinks, grounds or becomes otherwise disabled, is hereby declared to be a nuisance, and the person in charge thereof shall abate such nuisance within thirty days after notice from the city manager. Sec. 5-22. Unauth.(,rized utility fering with, etc. etc. connections; damap.;ing, inter- wharfs, ramps, bouys, signs. I No person shall tap, connect, disconnect or interfere with any water outlet, water pipe, water connection, telephone equipment, electrical outlet or electrical device of any kind in stalls maintained or operated by the city in the Seward Small Boat Harbor without first having obtained the permission of the harbor master. No person shall interfere with or tamper with any wharf, float, gang plank, ramp or any other facility operated by the city. No person shall wilfully or carelessly destroy, damage, disturb, deface or inter- fere with any buoy, float, life preserver, sign, notice, navigational marking or other similar property under the jurisdiction of the city or any other governmental agency. Sec. 5-23. Unauthorized boarding of vessels. No person shall climb into or upon any vessel moored, docked or anchored in the harbor without the consent of the owner or other person having charge thereof. 6 ATTACHED 'ID AND MADE A PART OF THE MINU'IES OF THE S V Sec. 5-24. Tam with No person shall tamper with any mooring or anchorage in the city, whether or not the same is occupied by a vessel. Sec. 5-25. Use of fire-fi~hting equipment restricted. Fire hoses and other fire-fighting equipment shall be used only for fighting fires. I Sec. 5-26. Use of open flames. No person shall use welding equipment, a burning torch or any other open flame apparatus without written permission from the harbor master. If welding equipment, a burning torch or any other open flame apparatus is used, care shall be exercised in the safety to other v0ssels and harbor facilities, an approved fire extinguisher of sufficient size shall oc readily available with a water hose attached to an outlet as a standby where avaiklJle, and a fire watch must be maintained while cutting or burning is done. Sec. 5-27. Spray painting of vessels prohibited. No person shall spray paint a vessel while such vessel is at its berth. Sec. 5-28. Loading or unloading explosives. No person shall load or unload gunpowder, giant powder, dynamite or any other explosive to or from any ve:::;z! from or :Jpon any pie. or othcr vessel in the harbor without first obtaining a permit so to do from the fire chief, and paying therefor a fee of twenty-five dollars, and otherwise complying with all rules and regulations governing the loading and unloading of explosives. Sec. 5-29. Storage on docks. floats and finl:1:ers prohibited. Nothing shall be stored on the docks, floats or fingers within the harbor. I Sec. 5-30. Open storage of rowboats, nets, etc. Facilities for tbe open storage of rowboats, skiffs, rafts, nets, reels and other items of equipment are not available. Any of the above items left without storage will be deemed in violation of this chapter and subject to being abated as a nuisance. Sec. 5-31. Beaching of vessels. No vessel shall be beached along the shore, except in cases of emergency or with permission of the harbor master or city manager. Sec. 5-32. Solicitation and advertising. (a) Solicitation of patronage in the harbor is prohibited. (b) No person shall row, propel, navigate or maintain any vessel or float in the harbor for the purpose of advertising. ' (c) No signs advertising commercial use of a vessel or political advertising shall be displayed on any vessel, float, dock or other structure in the harbor. 7 ATI'ACHED TO AND MADE A PART OF THE MINU'IES OF THE Sec. 5-33. Stora e and use of ARD CITY COUNCIL 15 - PAGE,;n ~" ,. v~ /<::: .,' "and din hie. P , Dinghies and rowboats owned by permittees in the harbor, when not kept aboard the owner's boat, may be kept in the water at the end of the permittee's slip, or at other locations designated by the harbor master. They shall not be placed on the docks or fingers or alongside vessels, except for minor repair, and shall not ob- struct free access to fingers or be left on the dock, except when the owner is pre- sent in the harbor. Sec. 5-34. Restrictions on sand dollies and trailers. I No sand dolly or trailer may be used for any boat exceeding twenty feet in over-all length, excepting only a commercially or port district operated "travel lift" type of dry docking facility. Sec. 5-35. Installation of fenders on fingers. Boat owners shall not install fender material on fingers. Boat owners may pur- chase additional fendeL's of material as now installed. Sec. 5-36. Dogs. In accordance with chapter 4 of this Code, dogs shall be kept on a leash in all public areas in the harbor area. Permittees and their guests are required to closely supervi~e their animals on these premises, and particularly on the ramps, docks and fingers, in the best interests of public safety and sanitation. Sec. 5-37. Swimming. No recreational swimming is permitted in the harbor. I Sec. 5-38. Use of docks and fingers for boat maintenance. A permittee under this chapter shall not obstruct docks and access to fingers with tools and equipment. If permittees use portions of docks and fingers for rigging and maintenance work, such space shall be left in a neat, clean and orderly condition. Sec. 5-39. Small children on docks. Children under ten years of ~e are prohibited on the docks and fingers, except when in the immediate presence of their parents or other responsible adults. Sec. 5-40. Bicycles and motorcycles. The riding of bicycles and motorcycles on the docks and gangways within the harbor is prohibited. Sec. 5-41. Parking of vehicles generally. Vehicles shall be parked only in designated areas in the harbor area. Sec. 5-42. Discharge of wastes from vehicles in parking lots. No person shall discharge waste material from a trailer, camper or other vehicle while such vehicle is in a parking lot within the harbor area. 8 ATTACHED TO AND MADE A PART OF THE MINUTES OF THE S CITY COUNCIL "J OL 15 - PAG;Y3~e ~ j(', '(L:' 1./ Sec. 5-43. Unauthorized collection if ees and use of water- f r on t. No person shall collect any toll, wharfage or dockage, or land, ship or remove any property upon or from any portion of the waterfront of the city, or from or upon any of the wharves under the control of the harbor master, without being authorized by the harbor master to do so, I Sec. 5-44. Transfer of tenancy of facilities. Tenancy of any facility is nontransferable without the written consent of the harbor master. Sec. 5-45. Denial of use of facilities. The harbor master may deny the use of any of the facilities of the harbor when such use would not be in the best interests of the city. Sec. 5-46. Pumping of boats by harbor master. Any boat, in case of emergency only, may be pumped by the harbor master. There shall be a minimum charge of two dollars and fifty cents for such service. Sec. 5-47. Charge for electric service. The charge for electric service furnished by the city shall be five cents per kilowatt hour. Sec. 5-48. Construction of permanent structures. No wharf, pier, landing, bulkhead or any other structure of a permanent nature may be built or constructed in the harbor without written permission of the city coun- cil. I Sec. 5-49. Posting and fencing of unsafe or dangerous build- ings, structures and floating facilities. Whenever any buildings, structures or floating facilities in any leasehold within the harbor, either on land or water, are defective or damaged so as to be unsafe or dangerous to persons or property on or near the same, it shall be the duty of the owner, agent, lessee, operator or person in charge thereof to immediately post a proper notice or fence such unsafe area, or both, 'and such unsafe area shall be kept posted or fenced or both until the necessary repairs are made. In the event of the failure of such owner, agent, lessee, .operator or person in charge to im- mediately post or fence such unsafe area, the harbor master, upon determination that such condition exists, shall immediately require such owner, agent, lessee, operator or person in charge to properly post or fence such unsafe area or both. Sec. 5-50. Lost and abandoned 'Rroperty. All vessels, timber and other personal property found in the water or on the shore, piers and wharves of the harbor or found adrift, sunken or constituting a hazard to navigation or a nuisance, within the waters of the city, and not in the lawful possession or control of some person, shall be immediately delivered to the harbor master, in whose custody they shall remain until claimed by the proper owner. Such owner shall pay all expenses incurred by the harbor master in con- 9 ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL. Ji, ',L 15 - PJ&E7;?j/_ , ' ~ I(.~'f nection therewith, including a charge for keeping storing same. If such property is not claimed within sixty days, and the charges are not paid therefor as provided in this section, the harbor master may sell such property by giving at least ten days' previous notice of such sale by one insertion in a newspaper printe1 and published in ~c~. . Article III. Common Wharf. I Sec. 5-51. Designation by city council. The city council may, by resolution, designate any premises owned by the'city abutting upon the waters of Resurrection Bay to be a common wharf. Sec. 5-52. Use by general public; adoption of further rules and regulations. l" designated common wharf shall be developed, used and maintained for the benefit of the public generally, subject, however, to the use thereof by lessees of city property abutting on such common wharf in accordance with the provisions of existing lease agreements, to the restrictions and limitations contained in this article and to such further rules and regulations as the city council may, by resolu- tion, adopt. Sec. '5-53. Prohibited acts. It shall be illllawful ivr any person to do any of the following acts upon a designated common wharf: (a) To tie up, make fast or moor any vessel or other watercraft to a common wharf, or utilize or make use of a common wharf or any utility or facility thereon, without paying to the city .;he toll, charge or fee therefor as may be fixed and speci- fied in this article or in such further rules and regulations as the city council may, by resolution adopt. I (b) To tie up, make fast or moor any vessel or other watercraft to a common wharf, or utilize or make use of a common wharf or any utility or facility thereon, without complying with such rules and regulations pertaining thereto as the city council may, by resolution, adopt; provided, that appropriate notice thereof shall be posted on or about such common wharf. (c} To drive or operate any motor vehicle ontl or upon any part of the common wharf, except for the purpose of loading or discharging freight or while actually en- gaged in the performance of necessary duties which require the presence of such ve- hicle on the wharf. Vehicles shall be under the constant attention of an operator, who shall immediately remove such vehicle from the wharf upon the completion of necessary business thereon. (d) To tie UP. make fast or moor any vessel or o~r watercraft immediately in front of a common wharf, except for the purpose of loading or unloading passengers. fish or fish products, goods, wares or merchandise; provided, that such loading or unloading of passengers, fish or fish products, goods, wares or merchandise shall not extend beyond the time reasonably necessary therefor, and in no event for more than four hours, without the consent of the harbor master or other person in charge of the common wharf. 10 Sec. 5-54, Authorit of harbor master,: activities. CITY COUNCIL . , - PAGE~87 p, . - ' ~/? L . 7) ~ ~ control and re ulate A'ITACHED TO AND MADE A PART OF THE MINUTES OF THE SEW VO To avoid congestion and the blocking of common wharf facilities, the harbor master is hereby vested with authority to control the use of such facilities and to regulate the time and manner of such use for the purpose of maintaining such faci- lities available to the public at all times. Sec. 5-55. PostinR of siglUL I Whenever any premises has been designated as a common wharf, the city manager shall place and maintain signs giving notice thereof, and no rule or regulation con- tained in this article or enacted pursuant to the provisions of this article shall be ef- fective unless such signs are in place. Article IV. Operation of Vessels. Sec. 5-56. Movement of vessels. Movement of vessels within the harbor, between rows of slips, shall be for the purpose of mooring, entering or leaving a slip. Cruising between the slips is pro- , hibited. Sec. 5-57. Operating under influence of alcoholic beverages or drugs. No person slL'll! operate ". boat whilc under the inf~ueuc" 0:1 intoxicating liquor or narcotic drugs. Sec. 5-58. Reckless operation prohibited. The operation of any vessel in any manner which unreasonably interferes with the free and proper use of the harbor or unreasonably endangers the users of the waters of the harbor is prohibited. I Sec. 5-59. Speed restrictions. The speed of any boat within the harbor shall not exceed three knots and shall create no wake, wash or wave action which will damage, endanger or cause undue distress to any other boat or occupant thereof. Sec. 5-60. License requirements. No person shall operate a boat unless pcoperly licensed as required by applicable state and federal laws and regulations. Sec. 5-61. Anchoring boats for fishinp;. No person shall anchor a boat for fishing or other purposes on any body of water over which the city has jurisdiction in such a position as to obstruct a passageway ordinarily used by other boats. Sec. 5-62. Mufflers required on outboard motors. No person shall operate any outboard motor within the harbor without having such motor equipped with a muffler which has been approved by the city. 11 ATrACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL ~~, 15~ p~ 7'~) "" ((' ~K..f " ~ Sec. 5-63. Use of searchlights. No person operating a boat shall use searchlights indiscriminately or in such manner as to annoy or disturb other persons or boats. Sec. 5-64. Accident reports. A duplicate copy of any report of any accident occurring in the harbor involving one or more vessels shall be filed with the harbor master. I Article V. Berths and Mooring of Vessels. See . 5 - 6 5 . Perm i t r e q U iI e d -'- It shall be unlawful for any person to moor or anchor any boat in any part of the harbor without first obtaining 3. permit so to do from the city and having paid to the city all fees as required by this chapter. Sec. 5-66. Position of moorings. In approving the position of moorings, the city manager and the harbor master shall be guided by the purposes of this chapter. Sec. 5-67. Applications for berths; residents to have priority over nonresidents. Applications for berths in the harbor shall be made to t..l:\P. city and shall be granted in the order of request; provided, that preferences shall also be given to the boat most suitable to the berth to be rented. Application of local residents shall have priority over applications of nonresidents. I Sec. 5-68. Unauthorized berthing. Any boat owner berthing in any berth without the consent of the city may be prosecuted for trespassing. Sec. 5-69. :legistration of boats upon arrival. All vessels ;,;hall be r8gistered upon arrival; provided, that vessels arriving after 5:00 P. M. must regh;ter before 10:00 A. M. of the following day. Owners of boats entering the harbor shan furnish the city with the following in- formation: (a) Name of boat. (b) Type (sail, motor, etc.). (c) Classification. (d) Length. (e) Location. (f) Owners address. 12 ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD VOL 15 uired when b days. Se.c. 5-70. Notice to cit more than COUNCIL /:'~'" /<::~ ::t, to h v'ac ted .')7 Prior to departure from the harbor, boat owners shall report to the city if a berth or mooring is to be released, vacated or unoccupied for more than five days. I Sec. 5-71. Satisfactorv moorin!l;s and anchors required; au- thority of city to supply necessary service and equipment for boats. All boats moored or berthed in the Seward Municipal Small Boat Harbor shall be fitted with moorinL s or anchors satisfactory to the city and shall be maintained at all times in such condition as to meet with the approval of the city. In the event any boat is not so mainta.1ned, the city may, but is not obliged to, supply any equipment and service necessary to care for the boat in such manner as to prevent damage. A charge for the same shall be added to the mooring fees and shall be collected as part of the mooring fee. Any equipment used or supplied by the city to protect any boat is not returnable. The city, as its discretion, may have such work performed by any qualified person or organization at a reasonable fee. The city shall compensate such individual or organization which has performed the work and the amount thereof shall be added to the owner's mooring fees. Sec. 5-72. Keeping boats on floats prohibited, Boats, whether used as tenders or otherwise, shall not be kept on the floats. Sec. 5-73. Permit required to use boat for permanent livin!!: !Lu~t~,~ Use of a boat for permanent living quarters while moored at a pier is prohibited unless a permit is first obtained from the city manager. Sec. 5-74. Boats restricted to assigned berth. I Boats will not be permitted to use other than the berth assigned them. The city will move boats not berthed in the space assigned to them at the ol"ner's expense. Sec. 5-75. Authority of city to remove vessels; liability of owner f02:..-9osts of removal and damages. Any vessel, upon notice to move, which refuses or fails to move may be shifted by tug or otherwise by the city, and any expense, damages to such vessel or other vessels or wharf during such removal shall be charged to the vessel so moved. Sec. 5-76. Temporary assignments. Temporary assignments to wharf areas may be obtained upon application to the harbor master, and the charges therefor shall commence on the date specified by the harbor master. Temporary assignments may be terminated by the assignee when the use for which the wharf area was assigned has ended, but not before all cargo involved, and all dunnage and debris, has been removed from the assigned wharf area; provided, that such assignment may be terminated sooner at the discretion of the harbor master. Sec. 5-77. Preferential assi!!:nments. Preferential assignments to wharf areas may be obtained upon application to the city manager and the charges therefor shall commence on the date specified in the assignment. Preferential assignments may be revoked by the city manager upon thirty 13 A'ITACHED TO AND MADE A PART OF THE MINUTES OF THE SEW CITY COm:!C~~~ VOL - PAGE. TV (' ,- .<.~ days' prior written notice to the assignee or may be va (} 'ftie-lrssignee pon /' thirty days I prior written notice to the city manager; r ided, that such assign- ments may be terminated upon shorter notice at the discretion of the city manager. Sec. 5-78. Wharf area assignment rights. Subject to the rates, charges, rules and regulations of this chapter and any restrictions, conditions, limitations and modifications set forth in the assignment itself, wharf area assignments shall include only the license or right: I (a) To moor vessels owned, operated or represented by the assignee at the area assigned; (b) To assemble, distribute, load and unload merchandise and the cargoes of vessels over, through or upon the assigned wharf area; and (c) To perform such other related activities as may be necessary. When the assigned wharf area, or any part thereof, is not required for the use of the assignee or is unoccupied, the harbor master may, at his discretion, assign such facility, or any part thereof, for temporary use by another person. Sec. 5-79. Mooring without wharf area assignment. All vessels are prohibited from mooring at any wharf at which they have no regular assignment or for which they have failed first to make a berthing applica- tion with the harbor master. Vessels which moor or take a berth outside their regular assignments, and vessels which have no regular assignments which moor or take a berth without first making application to and securing the permission to use such berth from the harbor master, shall do so at their own risk and shall be held responsible for all loss or damage of whatsoever nature resulting from such taking or using of such berth. Sec. 5-80. Transients. I A vessel will be considered transient if the vessel remains in the slip or at the dock for not more than two calendar months. l. person shall not moor a vessel, except on official business, for more than one hour in any loading slip or mooring unless the harbor master says that the vessel may be moored for a longer time without using space otherwise needed, in which case he may grant permission for a longer stay without paying the transit fee. Total time shall be at the discretion of the harbor master, but not to exceed one hour. Sec. 5-81. Refusal of berthage for nonpayment of fees or non- compliance with re~ulations. The city reserves the right to refuse berthage to any boat owner who has failed to pay bertbage or fails to abide by the provisions of this chapter or other rules and reg- ulrctions of the city. Sec. 5-82. Seizure of boat ,and equipment for nonpayment of fees. In the event the monthly rental and other charges which shall have accured in favor of the city shall not be paid as required, the city may, without any advance notice, take 14 ATI'ACHED TO AND MADE A PART OF THE MINUTES OF THE S CITY COUNCIL "0 15 - PA~ ~,', ,P , -S /c 'Y-._A::"~ possession of the boat, its tackle, apparel, fixtur s,/equipment and furnishingiS, 'and may retain such possession until all charges then bwing and any charges which shall thereafter have accrued are fully paid. The remedy thus provided in this section is in addition to and not in lieu of any other remedies which the city may have by virtue of statute or otherwise. In any action or proceedings for the collection of any sums which become payable hereunder, each lessee agrees'to pay to the city a reasonable sum for the city 's expenses and attorneys' fees therein. Sec. 5-83. When and where payments to be made. I Mooring or anchoring fees shall be due and payable in advance, Payment shall be made to the city at its office at the harbor or at City Hall. Payment of such fees shall entitle the owner of a boat for which all mooring and anchoring fGes have been paid to a permit to so moor and anchor for the paid up period. Sec. 5-84. Changes Ln rental rates. The city council reserves the right to change the rates of rental by resolution. Sec. 5-85. Receipts. The harbor master shall prepare and sign all receipts in triplicate for all money paid as rentals or otherwise, giving the original receipt to the payor delivering one carbon copy to the city clerk-treasurer and keeping one carbon copy on file in his records.' The harbor master shall be subject to such further rules and regulations as may be provided by the city council by resolution or motion. Sec. 5-86. Required provisions in rental a~reements. The following provisions shall be included in all rental agreements signed by owners of boats. I "(a) Cancellation. Permittee agrees to comply with all regulations of the City of Seward governing mooring and use of facilities in the harbor. Should permittee violate this agreement, posted regulations or pertinent city ordinance provisions, this rental agreement and permit may be terminated by the city, and the city may remove the boat from her mooring space at the permittee's risk and expense and retake possession of the mooring space. "(b) Reassi~nment of slip space. Should reassignment of slip space for proper operation of the harbor be necessary, permittee agrees that the city may move his boat from one space to another at the discretion of the harbor master. Written noti- fication of such movement will be sent to the permittee if the move is of a permanent nature. "(c) Transfer of ownership. Should permittee sell or part with possession of the boat covered under permit, the new owner shall have no right to the space occupied by the boat. The original permittee may retain slip space under his permit for ninety days; provided, that within such time he shall procure, or be in the process of procur- ing, a boat of appropriate length for occupancy of the slip space. " 15 ATTACHED 'ID AND MADE A PART OF THE MINUTES OF THE ECITY COUNCIL o 15 -, PAGy-i'3./pJ /. ' /(,~y7 Boa t s too b 5 e r \' e c i t Y he If I ti~ and con d ~ c t r u1' ~ s . . Sec. 5 - 87. Persons in charge of or occupying boats docked at or moored to land, docks, piers or wharves abutting waterways shall observe all the health and sanitary reg- ulations of this Code and other Mdinances of the city, and all provisions of this Code and other ordinances of the city relating to the eonduct of persons and pro- hibiting acts contrary to public health, morals, safety or public peace. Sec. 5-88., Vessels extending beyond mooring. I No part of any vessel shall extend more than four feet beyond the end of any finger float, including but not limited to boats with davits, booms, boomkin or . bowsprit. No part of any vessel shall extend over the main walkway. Sec. 5-89. Obstruction of walkways, floats and gangways pro h i bit e d " No person shall place or permit to remain any mooring lines, hose, electrical cable or other service lines across the main walkways. A person in charge of any walkways, floating structure or gangway shall maintain the same in good condition so as to prevent injury to persons. Such person shall keep such walkways, float- ing structures and gangways clear of any obstructions. Sec. 5-90. Repairs and maintenance of vessels, (a) Repairs to and maintenance of a vessel may be made or accomplished while such vessel is at it" berth, nrnvided all ",ueh work is 'tOl'.('! within the confines of the vessel itself and is not carried on in any manner whatsoever upon floats, gangways or docks. All materials used in such repair or maintenance work shall also be kept within the confines of the vessel and shall not be kept upon floats, gangways or docks. I (b) Repair and maintenance work which is not done within the confines of the vessel itself as required by subsection (a) of this section shall be accomplished only in an arefl designated for that purpose by the harbor master. Sec. 5-91. Nonliability of city for boats and equipment. The city does not accept boats for storage, shall not be held liable in any manner for the safekeeping or conditions of the same, and is not responsible therefor as a warehouseman. The rela.tion between the parties is simply that of a landlord and tenant. The city is not responsible or liable for any damage or loss to or of such boat, its tackle, gear, equipment or property, either upon such boat or upon the premises of the city, from any cause whatevt)r, or for injury to the tenant or invitees occasioned by any cause upon the harbor premises or adjacent thereto. Article VI. Fees for Use of Harbor Facilities and Services. Sec. 5-92. Duty of boat owners to pay charges, The owners of boats using any harbor facility or service shall pay the charges thereon established by resolution of the, city council. 16 ATTACHED TO AND MADE A PART OF THE MINUTES OF THE ~ARD CITY COUNCIL ~ 15 - pr3 ~:l ( I~ ~ '-- ~tY Sec. 5-93. Remova.l of boats from h4;0'bor without payment of .charges. I It shall be unlawful for any person to remove from the harbor any boat upon which charges for berth rental, anchorage or wharf storage, or any other proper charge, are delinquent, without paying all such delinquent charges. The city may do all things necessary to prevent the removal of a boat in violation of this section, including locking or othenvise fastening a boat. Sec. 5-94, Authority of city to seize and sell boat for delin- quent charges. When the charges for berth rental, anchorage, or wharf storage, or any other proper charge, of any boat, are delinquent for six months or more, the city shall take possession of any such boat, and, after notice given by the city manager in the manner hereinafter provided, sell such boat at public auction as hereinafter pro- vided . Sec, 5-95. Sale for delinquent charges--Notice of sale. (a) Notice of such sale, giving the time and place of the sale, a brief description of the boat and the amount of charges due, shall be published in a newspaper of gen- eral circulation in the city for two weeks. Such publication shall be made not later than ten days before the sale. (b) A notice of such sale, giving the time and place of the sale and the amount of the charges due, shall be given by registered mail, postage prepaid, to the owner of the boat, addressed to such owner at the address last known to the city. Sec. 5-96. Same..-Right of owner to make payment prior to sa 1 e, I The pwner shall have the right to stop the sale at any time before the hour for such sale by paying all proper charges, including services or berth rental, anchorage, wharf storage for such boat, and all costs incurred by the city in providing for the sale. Sec. 5-97. Same--Disposition of proceeds. The amount received at the sale shall be applied first to pay all costs of the sale, including the advertising of the notice, second, to pay the total amount due to the date of the sale to the city for aU approved charges, including services or berth rental, anchorage or wharf storage for the boat, and any balance shall be held by the city and paid to the owner on his demand therefor. Sec. 5-98. Same-~osition of boat if insufficient bids received. If a vessel is offered for sale at public auction and no bids or insufficient bids are received therefor, such vessel may be disposed of in anyone of the following manners: (a) If the use thereof is requested by any department of the city, it may be turned over to such department for its use. (b) It may be sold at private sale. A'ITACHED TO AND MADE A PART OF THE MINUTES OF THE S~CITY Cli:L~~" , VO 1 ~ PA E . (c) It may he turned over to the purchasing agent' B l~h publi auct' n conducted pursuant to the provisions of the City Char.o/ (d) It may be destroyed. Sec. 5-99. Authority of city to deqlal~e berths vacant and re- !!)'..2.Y_ e b 0 a_t s _ fro m d e Ii n q ~t e n t be r tho l' moo l' in g . I At any time when berth rental charges for any boat are delinquent, the city may declare the berth vacant and re-1'ont the berth. The city may move any boat from the delinquent berth or mooring and place it for safekeeping; however, it shall give the tenant notice in 'NrUing ten days before such removal. Upon such action, the rental charges for the boat so moved shall cease against the previous tenant, after removal of the boat. Article VII. Business Activities, See, 5-100. Licenses and permits prerequisite to conduct of business. No business activity shall be conducted within the harbor unless the licensee, permittee, concessionaire, assignee, lessee or sublessee shall have first obtained the necessary permits and licenses from the city. See, "5-101. Business permits--Required. It shall be unhwful for "-r'Y pi'lrsl.'!! t:l conduct or can':, ~," any businesb upon any portion of the city facilities, or upon any float, landing stage, or approach thereto in use in connection with the city facilities, or to use, occupy or hold possession of any part of the city faciliti,es, float, landing stage or approach thereto, for any busi- ness purpose whatever, except for taking on or landing passengers thereon or there- over, unless such person shall have a business permit therefor. I It shall be unlawful for any person to solicit, ask for or request patronage or trade, OJ: display wares or advertise in any way. on the city facili~ies, or upon any float, landing stage or approach thereto in use in connecti0n therewith, for any business, or to seH tickets of any kind therewith, or to sell any article of mer- chandise upon any portion of the city facilities, float, landing stage or approach thereto, unless such person shall have a business permit therefor. Sec. 5-102. Samcu,EmJ)loyees and agents of principals. Where a business permit is desired for a perRon to carryon business as an em- ployee or agent for any person, the applicatlon for such permit shall be approved by the principal of st'~h person, and such permit may be revoked at any time without notice to the holder thereof upon the request of such principal to do so. See, 5-103. Same--Application. The application for a business permit shall be in writing and shall set forth the following information: (a) The name and address of the applicant and, if the applicant shall be a firm, the names and addresses of the members of such firm, and, if the applicant shall be a corporation, the names and addresses of the officers of the corporation; 18 ATTACHED TO AND MADE A PART OF THE MINUTES OF THE S ARD CITY COUNCIL (0 _ 15 - PAr7~, P1/_ ,~ f(. ~~ (b) The names of the boats, the description , too business to be carriecf on 'by means of such boats, a rderence to the business lfuenses, if any, held by such ap- plicant, and any other particulars which such applicant may wish to set forth as a reason for granting such permit~ (c) A description of the space en the city facilities of the floats or landing stages the applicant desires to use in caL.fing on such business; and I (el) A statement to be signed by the applicant that if such permit shall be granted, he will conduct his business thereunder in accordance with the laws of the city in relation thereto, the terms of such permit and all rules and regulations in relation to the city facilities, and that the permit may be revoked at any time by the city council for the violation of the terms of such permit, and that the decision of the city council as to the revocation cf any such permit shall be final and conclu- sive. Sec. 5-104, Sam e _.- D u rat i on. The city council shan h~ve the power and authority, in its discretion, to grant a permit to any person to use or occupy certain portions of the city facilities, and any float, landing st.1.ge or approach thereto, for a term not exceeding one year, and subject to revocation at any time by the city council for violation of any of the terms of such permit, or of the l?,Ws of the city, or of the rules and regulations adopted by the city ,council for the use of the city facilities. Sec. 5 -1 0;). Same -- Te,r1p s and_3ond it i2.!Ls.:-.. All business permits shall be on forms to be adopted by the city council and shall inclurle such terms and conditions, j,n addition to those set forth in this chapter, as the city council may determine from time to time to be necessary or advisable to preserve the public peaco and quiet on the city facilities or to protect the public wel- fare, and all such terms and conditions included in a.ny such permit shall be binding on the holder of ,uel] permit to the same extent as though expressly set forth in this chapter. I Sec. 5--106. ~ame---SusJ2ellsion ,?c~.~Lrevocation._ (a) SusQension,_ 'In.z city council may, in its discretion, at any time, as a penalty for the violation of the provision:' of any business permit, suspend the same for a per lad to be fixed in such ordeY' of susp<msion. (b) .!'tevocation, All business permits issued shall be granted and accepted by all persons receiving such permits with the express understanding that the city councIl may revokc the same at any time if satisfied that any of the conditions of the permit or provisions of thL; chapter have been violated, or that such permit was obtained by fraudulent repnoscntation, or that the holder of any such permit is an unfit person to be entrusted with the privileges granted by such permit; provided, that no permit shall be revoked without first giving the holder an opportunity to appear before the city council in his own behalf, except as to an employee or agent of some other person holding a business permit who requests such revocation. 19 The city reserves the right to inspect any of the r any time. Failure to inspect shall not be deemed to c . the city. Sec. 5-108. Applicantfi to release ciJ.,urom Iia.bility. The city assumes and shall be under no liability for Dnything done or omitted to be done under or in relation to any of the provisions of this chapter, and applicants for permits shall release the city accordingly. I Section 2. Upon the taking effect of this ordinance, any and all ordinances hereto- fore passed and now in effect dealing with the harbor and waterways are superseded and repealed. , Section 3. If any provision of this ord inance or the application thereof to any per- son or circumstance is held invalid, such invalidity shall not affect any other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance are severable. Section 4. This ordinance shall take effect thirty (30) days after adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS day of , 1971. FffiST READING: February 14, 1972 SECOND READING: ADOPTION: AYES: NOES: I ABSENT: CITY OF SBWAHD, ALASKA By ATTEST: R. F. Richardson, Mayor City Clerk APPROVED AS TO F'ORM: HUGHES, THORSNESS, LOWE, GANTZ & CLARK Attorneys for City of Seward By Kenneth P. Jacobus 20 I I I Volume 15 - -- Page 75 ' J REGULAR MEETING OF FEBRUARY 23, 1972 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for February 28, 1972, was called to Order by Mayor Richardson at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. McAnerney. Item 3 - Roll was called and those present were Ma:ior Richardson, Clmrs. McAnerney, Vincent, Hulm, McCloud, Hill and Crisp and Jr. Mayor Gillespie. Item 4 - Clmr. Hulm, seconded by Clmr. McCloud moved to approve the Minutes as presented from the bottom two/third's of Page 7:2 through the bottom of Page 74 (Regular Meeting of Feb 14 and Special Meeting of Feb. 22, 1972). Passed unanimously. Item 5 - City Manager's Report: The City Manager ~eported (1) that he received word that Seward's application for funds for a local Parks and Recreation Program had received tentative approval and (2) that Iterns 9-2, Ordinance NO. 386, Harbor Ordinance - 2nd Reading and Item 9-3, Approval of application for a Beer and Wine License should be deleted from tonight's agenda. Item 6 - Communications: 1. Letter dated 2/22/72 from Beck Construction stating their bid was the lowest responsive bid for the recent wharf con- struction project. Signed R. D. Egge. 2. Letter dated 2/23/72 from Department of Housing and Urban Developemnt reporting on the City's Workable Program for Community Development. Signed Raymond L. Bradley, Program Manager. 3. Senate Joint Resolution No. '57 opposing the Hart- Harris glll1 legislation proposal. 4. House Bill No. 671 relatin~ to the flouridation of municipal water supplies. Clmr. Hulm, seconded by Clmr McAnerney, moved to oppose the Hart-Harris gun legislation proposal and House Bill No. 671. Passed unanimously. 5. Letter dated 2/25/72 from the Kenai Peninsula Borough requesting the City to make a recommendation on Ordinance 71-21 (Planning and Zoning). Signed Halph R. Darbyshire. Clmr. McCloud, seconded by Clmr. Hulm, moved to reject Ordinance 71-21. Clmrs. McAnerney, Hulm, McCloud and Crisp. - Yes. Clmrs. Vincent, Hill and Mayor Richardson - No. Motion passes Item 7 - Citizen's Discussion and Public Hearings: 1. Mr. Jim Portwood stated he was present to answer questions pertainirlg to his request for approval of a liquor Jjcense. No c;uestion~; were Gsved. Item 8 - Council Discussion: 1. Clmr. McAnerney reported she was on the Steering Comnittee to study various mental health problems in the Community and asked that another Councilmember join her on the Comnittee. Clmr. McCloud agreed to participate. 2. Clmr. Hulm noted that Northern Stevedoring and Handling Corporation was not in compliance with the terms of the lease for the Waterfront tracts property and requested that Gale Shingleton be invited to the next meeting on March 22nd. 3. CJmr. Vincent requested that the Chief of Police submit a report on drug arTests, trials and sentencing over the last six month period for discussion at the next Regular Council Meeting scheduled for March 22nd, 1972. 4. Mayor Richardson stated that he would issue a procl31nation congratulating the Seward basketball team on winning the recent tournament. Item 9 - Resolutions, Ordinances and Other Action Items: 1. Resolution No. 850 (see attached), a Resolution Establishing priorites for the Kenai Peninsula Borough Overall Economic DevelopmeLt Plan. Clmr. Hulm, seconded by Clmr. Hill, moveci to adopt Resolution 1\0. 850. Passed un- animously. 2. Clmr. Vincent, seconded by Clmr. McAnerney, moved to appoint Ray Anderson amd Mrs. Luther Abrahamson to the Planning and Zoning advisory Comnission for terms ending 2/15/75. Passed unanimously. 3. Clmr. McCloud, seconded by Clmr. Hulm, moved to appoint Mrs. Lucelia Suszka to the Planning and Zoning Advisory Comnission for a term ending 2/15/73. Passed unanimously. Mayor Richardson norrinated Mark Walker, Val Anderson, Don Simpson, Henrietta Aldous and Chet Thorn to the Harbor Comnission. Clmr. McCloud, :::;econded by Clmr. rVJcAnaerney, moved to confirm the Mayor's nomination. Passed unanimously. Item 10 - Report of the Borough Assemblymen: 1. Clmr. Hulm reported that Ordinance 72-2, regarding a rezoning in Seward (Ray Rodgers) was introduced to the Borough Assembly: that Resolution 72-5 11., regarding mandatory jail terms for drug offenders had been adopted and that the school budget had to be increased by $78,000.00 to cover increased teachers salaries. '-(" . j Volume 15 Page 76 REGULAR MEETING OF FEBRUARY 28, 1972 REGULAR MEETING OF MARCH 22, 1972 Item 11 - Adjournment: Clmr. McCloud moved to adjourn. Mayor Richardson adjourned the Meetin at 9:14 P.M. ~~ ,. ) v t?t- ;::v~ / Rob F. Richardson Mayor REGULAR MEETING OF MARCH 22, 1972 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for March 22, 1972, was called to Order by Mayor Richardson at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. McCloud. Item 3 - Roll was called and those present were Mayor Richardson, Clmr's McCloud, Crisp, McAnerney, Vincent and Jr. Mayor Gillespie. Clmrs. Hill and Hulm were absent. Item 4 - The City Manager reported (1) that Alaska magazine did not accept the article on the Jesse Lee Home as it was too limited to appeal to their readers and that the City would go ahead and submit advertisements for publication (Council approved the suggested ad'S); (2) that a 3-year appointment to Planning and Zoning and yet to be made. Clmr. Vincent, seconded by Clmr McCloud, moved to appoint Lloyd D. McCauley to the Planning and Zoning Commission for a 3-year term. Passed unanimously. (3) that Jim Smith of Engineering- Scence of Alaska would like to discuss the possiblity of including a solid waste disposal system for combination with the City's proposed sewage treatment plant; (4) that Joe Fallon requested a 90-day option for three commerical lots in the Jesse Lee Heights subdivision (Council denied the request); (5) that Resoltuion No. 852 should be added to tonight's agenda as well as a request from Keith Knighten; (6) that if Council had no objection the City Manager would apply for $1,000.00 for tourist site improvement grant to provide macthing funds for work on the City's anchor (no objection); and (7) that the City Manager would like an Executive Session following this evenings meeting. Item 5 - Communications: 1. Letter dated 3/20/72 from Kenai Peninsula Borough submitting the proposed Swetmann Avenue vacation. Sighed G. S. Best, Associate Planner. 2. Letter dated 3/15/72 from Hughes, Thorsness, Lowe, Gantz and Clark reporting that the City of Seward should continue negotiations with the Coast Guard for a portion of the Jesse Lee Heights subdivision. Signed Kenneth P. Jacobus. 3. Letter dated 3/21/72 from HuEhes, Thorsness, Lowe, Gantz and Clark to United Bonding Insurance Company reporting that the City was dropping its case against the U. S. Marshall regarding the Mermaid II. Signed Kenneth P. Jacobus. 4. Letter dated 2/29/72 from the Department of Economic Development reporting on the information required to submit a feasibility study application form for community recreation center program funds. Signed John R. Werner, Deptuy Commissioner. 5. Letter dated 3/2/72 from the United States Marshal trans- mitting a contract for the use of the City Jail for Federal Offenders. Signed Robert D. Olson, United States Marshal. 6. Letter dated 3/17/72 from Northern Stevedoring and Handling Corporation reporting on their activity in the 4th Avenue Dock area. Signed G. T. Shingleton, Secretary-Treasurer. 7. Letter dated 3/20/72 from Seward Silver Salmon Cache requsting Council to approve an assignment of the lease for Block 1, Lot 2, Marina Subdivision. Signed Emery Sample. (Council had no objection). 8. Letter dated 3/18/72 from Norman C. Waggy requesting the rezoning of Lots 29 through 40 from R-l to Neighborhood Commercial. Signed Norman C. Waggy. 9. Letter dated 3/21/72 from Mrs. Alfred C. Hill requesting information on the Jesse Lee Home property. Signed Mrs. Alfred C. Hill. Item 6 - Citizen's Discussion and Public Hearings: 1. Herman Leirer asked that Council reconsider their recent action on the Borough Planning and Zoning Ordinance. Dick Beissner stated that he was in agreement with Herman Leirer. Clmr. McCloud, seconded by Clmr. Vincent, moved to rescind the previous action taken on the Borough Zoning Ordinance. Passed unanimously. I I I ,-- I I Volume 15 Page 77 REGULAR MEE'rING OF MARCH 22, 1972 REGULAR l1EETING APRIL 10, 1972 Item 7 - Council Discussion: hold work sessions to discuss for April 3rd at 7:30 P.M. 1. Clmr. Vincent stated that the Council should community problems. A work session was scheduled Item 8 _ Resolutions Ordinances and Other Action Items: 1. Resolution No. 851 (see attached), a Resolution requesting funds for stream rehabilitation work in the Seward area. Clmr. Vincent, seconded by Clmr. Crisp, moved to approve Resolution No. 851. Passed unanimously. 2. Approval of application for a restaurant license for James E. Portwood dba Mini-Mall. Rev. Gary Lueck, Frederick Steeves spoke against the issuance of the license. Linne Bardarson and Roy Starr spoke in favor of the license as did Jim Portwood. Clmr. McCloud, seconded by Clmr. Vincent, moved to reject the application for a liquor license for the Mini-Mall. Clmr. McCloud and McAnerney voted "no". Clmrs. Crisp and Vincent and Mayor Richardson voted "yes". Motion passed. 3. Resolution No. 852, (see attached), a Resolution awarding the sale of certain tax foreclosed properites. Clmr. McAnerney, seconded by Clmr. McCloud, moved to approve Resolution No. 852. Passed unanimously. 4. K. L. Knighten submitted a request to move an 8x8x24 reefer van onto Lot 1, Block 1, Marina Subdivision and agreed to place the van upon a permanent foundation and to cover it within 18-months in an A-frame enclosure. Clmr. McCloud, seconded by Clmr. McAnerney, moved to approve the placement of the reefer van as requested and to allow 18-months to construct the enclosure. Passed unanimously. Item 9 - Report of the Borough Assemblymen: 1. Clmr. Vincent reported that the Borough Assembly had approved the Cooper Landing School contract and had withdrawn Ray Rodger's rezoning Resolution at lVIr. Roger's request. Item 10. - Adjournment: recessed the Meeting at was reconvened at 10:40 Clrnr. McCloud moved to adjourn. Mayor Richardson 9:35 P. M. to go onto Executive Session. The Meeting P. M. and Mayor Richardson adjourned the Meeting. ~I-) GZ /J es R. ~i~LP '- , ',city Clerk-Treasurer ./ ~.. / ~ ~'-' ./ Rober . Richardson Mayor REGULAR ~1EETING APRIL 10, 1972 Item 1 - The Regular Meeting of the CODmon Council of the City of Seward, Alaska, for April 10, 1972, was called to Order by r~yor Richardson at 7: 30 P .Iv[. Item 2 - 'E'1e Opening Ceremony was led by ClrJr. Hull1 Item 3 - Roll was called and those present were Mayor Richardson, Clir~s. HulIn, !VlcCloud, IV[cAnerney and Vincent. Clrnr Crisp arrived late. Clrnr. Hill and Jr. !1yr. Gillespie were absent. Item 4 - Cl~. HulIn noted that he did not concur with Council action taken on March 22nd (see item 6) rescinding disapproval of the Boroug;h Zoning Ordinance. Clmr. HulIn, seconded by Clrnr. McCloud, moved to approve the Minutes as presented from the top of Page 75 through the top one/half of Page 77 (Regular !vleetings of February 28th and :/Iarch 22nd, 1972). Passed unanimously. Item 5 - City j'~nager's Report: The City Manager reported (1) that pre- liminary work was proceeding on the activiation of a rifle range in the dump area and asked if Council had any obj ection to this proposed location ( no objection); (2) that COlLY1cil was meeting in a joint work session with the Planning and Zoning Commission on Wednesday night and (3) that if Council had no opposition the City Manager would object to the recent suggestion to have "Sevvard' s Vision" placed on aut omot i ve license plates (no objection). Item 6 - Communications: 1. Letter dated 3/22/72 form Hughes, Thorsness, Lowe, Gantz and Clark reporting that the City's share from the i\lermaid II sale would be $5,519.87. h 4 Signed Kennet P. Jacobus. 2. Letter dated 4/ /72 78 Volume 15 Page 78 REGULAR MEETING APRIL 10, 1972 from the Alcohalic Beverage Control Board reporting that the beverage dispersary license for Solly's Lounge had been reinstated and that action on the Mini-l~ll restaurant license had been withheld pending further investigation. Signed James P. Doogan, Director. 3. Public Notice from the Kenai Peninsula Borough reporting that a Public Hearing on the proposed rezoning of Lots 29-40, Block 12, Original Townsite from R-l (Single Family Residental) to CN (Neighborhood Commercial) would be held on Wednesday, April 12, 1972, at the Planning and Zoning Advisory Commission Meeting. Signed Ralph R. Darbyshire, Planning Director. 4. Letter dated 3/16/72 from River Terrace Husky Mobile Home Sales requesting to place two mobile homes in the Boat Harbor for a summer show (Cow1cil had no objection as long as it was not hold during the Salmon Derby). 5. Letter dated 3/31/72 from Alaska State Housing Authority requesting that the zoning of the R-21 Urban Renewal Plan would be followed where any differences now exist. Signed Garrett W. Waldner, Coordinator for Urban Renewal. 6. Letter dated 4/6/72 from Mr and Mrs. Alfred Hill offering $16.000.00 (10% down and 6% interest on the unpaid balance) for the remaining Jesse Lee property. Signed r~. and r~s. Alfred Hill. (No action taken). 7. Letter dated 3/23/72 and 4/9/72 from Seward Fisheries requesting permission to locate mobile homes in the Industrial area. Signed Linne R. Bardarson and T. E. Thompson. Clmr. McAnerney, seconded by Clmr McCloud, moved to approve a Temporary Moble Home permit for Seward Fisheries subject to confirmation by the Planning and Zoning Advisory Commission. Passed unanimously. 8. Letter dated 3/24/72 from the Institute of Marine Science requesting approval of a request by Whitney-Fidalgo Seafoods, Inc. to use the dock in Tract One of the Seward Waterfront Tracts. Signed John C. Garland, Faculities Manager. (Council had no objection). 9. Letter dated 3/21/72 from the Institute of r~rine Science requesting approval of a fence construction plan along Tract One in the Seward Waterfront Tracts. Signed John C. Garland (Council had no objections). 10. Letter dated 3/16/72 from RurAl Alaska Community Action Program, Inc., requesting the donation of an unused fire truck to the village of Old Harbor. Signed John Shively, Executive Director. Council determined that this truck was purchased by the Volunteer Firemen . and as such should be disposed of by them. While Council had no objection to the transfer of the vehicle to Old Harbor it was noted that the Fire Department had received an offer of $500.00 for the unit and if that offer was still valid the Volunteer Firemen could sell the truck. 11. Letter dated 3/28/72 from the International Brotherhood of Electrical Workers requesting that the City reconize the Union as the bargaining agent for the Public Works employees. Signed Tom L. Hix. Clmr. Vincent, seconded by Clmr. l1cCloud, moved to rej ect the union request. Clmrs. Hulm and McAnerney -No. Clmr's McCloud, Crisp, Vincent, and Mayor Richardson - yes. Motion Passes. 12. Letter dated 4/6/72 from Engineering-Science of Alaska offering to do additional studies and related work incoporating combined liquid waste flows, solids separation and solids disposal for $6,000.00 over the compensation outlined in the February 17, 1971, agreement for Enginering services. Signed James P. Smith. Clmr. McAnerney, seconded by Clmr. Hulm, moved to approve the offer of Engineering-Science of Alaska as outlined above. Passed unanimously. 13. Proposals from Hewitt V. Lounsbury and Associates, Engineering-Science of Alaska and Linck-Thompson for the preparation of a feasibility study for a civic, convention and recreat- ion faculity in Seward were read. Mayor Richarson pointed out tl1at no word had been received from the Kenai Peninsula School District regarding the possibility of leasing such a faculity to the School District and that without such an arrangement the City could not afford to proceed with the project anyway. Clmr. Vincnet, seconded by Clmr. McCloud, moved to table the approval of a feasibility study. Passed unanimously. 14. Bulletin dated April 4, 1972 from the Alaska Municipal League requesting copies of Codes and Ordinances from the City. Council had no objection to sending a copy of Seward's Code to the Alaska Municipal League. Item 7 - Citizen's Discussion and Public Hearings: 1. Norman C. Waggy reported that the City did a great job with snow removal this year. 2. Bob Thorstenson (Seward Fisheries) reported that he was proud that Seward Fisheries had accomplished what they said they would and that the plant represents an investment of $1.5 million. Item 8 - Council Discussion: 1. Clmr. Vincent reported that there may be a market for the burners in the Jesse Lee Home if they are still there and that Sea Land trucks are using 4th Avenue instead of 7th and 3rd to I I I 7n Volume 15 Page 79 REGULAR MEETING APRIL 10, 1972 REG'uLAR rlJEETING OF APRIL 22+, 1972 leave town. 2. Clmr. Hulm reported that he was interested in having the Chief of Police report on case results of the recent drug arrests; that he was not opposed to Joe Fallon purchasing one of the Jesse Lee Commerical lots but was opposed to his purchase of three for the construction of a church since this community already has too much ~and occupied by churches and that it was his opinion that the City's electrical workers should receive all retroactive wages due them fran the effect of the Phase I price controls. Item 9 - Resolutions, Ordinances and Other Action Items: 1. Resolution No. 853 (see attached) a Resolution approving the purchase of audio visual equipment for a sum not to exceed $4,200.00 and authorizing the City Manager to prepare two programs for viewing in exchange for 25% of the fross admission received. Clmr. McCloud, seconded by Clmr. Crisp moved to adopt Resolution No. 853. Passed unanL~ously. 2. Clmr Hulm, seconded by Clmr McCloud, moved to apporve the purchase of a used ladder truck from the General Telephone Company for up to $1,500.00. Passed unanimously. 3. Clmr. r1cCloud, seconded by Clmr. Crisp, moved to approve the proposed burner work in City Hall by Jack Glastra. Passed unanimously. 4. Clmr. l1cCloud, seconded by Clmr. Hulm, approved the lease of an FM radio for the Harbor ;1aster's building for one year for $1.00. Passed unanimously. Item 10 - Report of the Borough Assemblymen: 1. Clmr. Hulm reported that the last Borugh Assembly Meeting was held on April 4th and that Ordinance 72-3 concerning rezoning within the City of Seward (Waggy) had been introduced and that the school district budget was presented which if left intact would mean a 3-mill increase to Borough taxpayers. Item 11 - Adjournment: Clmr. McCloud moved to adjourn. Mayor Richardson adjourned the Meeting at 10:08 P.M. ~t~ i es R. ~p - . , ty Clerk-Treasurer ~ ~.: LA~~~ ert F. ichardson Mayor REGULAR MEETING OF APRIL 24, 1972 Item 1 - The Regular Meeting of the Common Counc~l of the City of Seward, Alaska, for April 24,1972, was called to Order by l1ayor Richardson at 7:30 P.~L Item 2 - The Opening Ceremony was led by Clmr. Hulm Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. Hulm, Vincent, Hill and Jr. Mayor Gillespie. Cflffi's. McCloud, Crisp and McAnerney were absent. Item 4 - Clmr. Hill, seconded by Clmr. Vincent, moved to approve the r1inutes as presented from the bottom one/half of Page 77 through the top one/half of Page 79 (Regular Meeting of April 10, 1972). Passed unanimously. Item 5 - City Manager's Report: The City Manager reported that r1r. Gary Waldner and ~rr. Floyd Dollarhyde were present and desired to ask Council to approve Resolution No. 854. The Alaska State Housing Authority representatives discussed Resolution No. 845 (see attached). Clmr. Hulm, seconded by Clmr. Hill, moved to approve Resolution No. 854 (a Resolution approving Urban Renewal plarl dated April 24, 1964, Revised August 1964, Revised June, 1971, for project Alaska R-21 (c), Seward Area, Seward, Alaska. Passed unanL~ously. Clmr. Vincent, seconded by CJmr. Hulm, moved to authorize the Mayor to Sign a cooperation agreement with the Alaska State Housing Authority. Passed unanimously. The City Manager reported that two proposals had been received for the purchase of the Jesse Lee Home property. The first one was from l1r. and Mrs. Alfred Hill and was for $16,000.00 (10% down, 6% interest), and the second was from the Alaska Research Company (Frederick J. Woelkers III) for $25,000.00. Discussion followed. Clmr. Vincent, seconded by Clmr. Hulm, moved to table the Jesse Lee Home property sale indefinitely. Passed unanimously. Item 6 - Communications: 1. Letter dated 4/12/72 from State Division of Lands ~(! Volume 15 Page 80 REGULAR MEETING OF APRIL 24, 1972 REGULAR MEETING OF MAY 8, 1972 reporting that certain lands in the Seward area are going to be classified as watersheds as requested by the City. Singed Robert F. Bursiel, Water Planning Engineer. 2. Letter dated 4/20/72 from Seward Jaycees, Inc. stating their support for the Seward Police Department for action taken during a recent series of drug arrest cases. Signed Joe Carter, President. 3. Request dated 4/26/72 from Department of Fish and Game asking that gil nets not be allowed on the dock system in the Small Boat Harbor (Council had no objection). 4. Letter received 4/14/72 from Norman C. Waggy offering to install a complete radio package (PM Marine Radiotelephone, antenna and installation for $495.00). Signed Norman C. Waggy. (Council had no objection). Item 7 - Citizen's Discussion and Public Hearings: None Item 8 - Council Discussion: 1. Clmr. Vincent requested information on the work being done in connection with the water and electric utilities. The City Manager reported that representatibes from the U. S. Geologic Survey would be in Seward on April 25th to assess the overall water supply and that all the electric utility information had been sent to R. W. Beck and Associates but that no status report had been issued at the present time. Item 9 - Resolutions, Ordinances and Other Action Items: 1. Resolution No. 854 - see Item 5 - City Manager's Report. 2. Clmr. Vincent, seconded by Clmr. Hill, moved to approve the request of L. T. Carter for a refund of the down- payment Carter made to purchase lots in the Tax Foreclosed Property Sale II. Passed unanimously. 3. Clmr. Vincent, seconded by Clmr. HulIn, moved to approve the assignment of the lease for Lot 2, Block 1, Marina Subdivision from Emery G. Sample and Freda O. Sample to Daniel A. Smith and Ruth M. Smith provided that a trailer on the premises would not be used for living quarters. Passed unanimouslysly. Item 10 - Report of the Borough Assemblymen: 1. Clmr. HulIn reported that the Borough Assembly had approved the transfer of $20,000.00 of unallocated funds to provide for repairs to the Seward Elementary School Building and that the Borough budget for 1972-73 had been presented. Item 11 - Mayor Richardson recessed the Meeting into an Executive Session at 8:55 P.M. Mayor Richardson reconvened the Meeting at 9:36 P.M. No action was taken. Item 12 - Adjournment: Clmr. the Meeting at 9:37 P.M. n 7 /P._ ~~bb~ iCity Clerk-Treasurer l/ Hill moved to adjourn. Mayor Richardson adjourned ~~~ Mayor REGULAR MEETING OF MAY 8, 1972 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for May 8, 1972, was called to Order by Mayor Richardson at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. Crisp. Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. Crisp, McAnerney, Vincent, HulIn, McCloud and Jr. ~1ayor Gillespie. Item 4 - Clmr. McCloud, seconded by Clmr. HulIn, moved to approve the Minutes as presented from the bottom one half of Page 79 through the top two/thirds of Page eo (Regular Meeting of April 24th, 1972). Passed unanimously. Item 5 - City Manager's Report: The City Manager presented the proposed Municipal Budget for 1971-1972 and reported that the budget would call for retention of the 20 mill levy on taxable property within the City. Clmr. Vincent, seconded by Clmr. HulIn, moved to acknowledge receipt of the Budget proposal. Passed unanimously. The City Manager reported he had requested an estimate from Arctic Electric for work on the City Dock and the Boat Lift Dock and recommended that the work be authorized in the amount of $1022.00. Discussion followed. Clmr. McCloud, seconded by Clmr. Crisp, moved to authorize the I I I ~ I Volume 15 Page 81 REGULAR MEETING OF PIJAY 8, 1972 work as requested. Motion passed with Clmr. Hulm voting "no". The City Manager read a letter he had composed which was addressed to Governor William A. Egan and discussed the City's feelings about the laxity in our court system. Clmr. Hulm, seconded by Clmr. McCloud, moved to approve sending the letter to Gov. Egan, members of the Judiciary and all first class cities and borouv~s in the State. Passed unanimously. Item 6 - Communications: 1. Letter dated 4/23/72 from State Senator Bob Palmer reporting that $20.000.00 had been set in the State's proposed budget for a study of the Boat Harbor in Seward and the same amount for improved main- tenance of the Lowell Point Road. Signed Bob PaIDer. 2. Letter dated 5/6/72 from Alex S. Rule reporting that the Seward Volunteer Ambulance Corps would be receving its new ambulance on or about September 1st. Signed Alex S. Rule, President. 3. Letter dated 4/24/72 from the Bureau of Land Management reporting that the State of Alaska desires to acquire the land along 7th Avenue and could transfer the tract to the City if it so desired. Signed Clark R. Noble, Land Office Manager. 4. Letter dated 5/5/72 from Stefano and Associates reporting that Arctic Electric had completed portions of the contract work and was entitled to a payment of $11,569.50. Signed Jay K. Mesplay. 5. Letter dated 5/8/72 from the Seward Phoenix Log reporting that Seward "has never looked so trashy" and recommending that steps be taken against owners who allow their property to become littered. Signed Beverly D. Dunham. Clmr. fv'JcAnerney, seconded by Clmr. P/[cCloud, moved to support the City fv'Janager in initiating a City-wide Clean-up program. Passed unanimously. Item 7 - Citizen's Discussion and Public Hearings: 1. Frederick J. Woelkers representing the Alaska Research Company spoke in support of his offer of $25,000.00 for the Jesse Lee Home property and asked Council for some decision on the property so that he could continue with his plans. Council could not take any action, reported the Mayor, since a labor lien against the property was still satisfied. 2. Norman C. Wa~v reported that he would like to finish the washroom project in the Harbor but lacked the $600.00 necessary for the work and as]{ed Council to provided the fureds. The City Manager asked if a completion date had been set and Waggy said it could be completed before the end of l'/[ay if materials were provided. ClmY'. fv'JcCloud, seconded by Clmr. Hulm, moved to approve the $600.00 expediture. Passed unanimously. Item 8 - Council Discussion 1. Clror. McCloud recorted that citizens in the Clearview area were interested in a park in their area. 2. Clmr. Hulm questioned the practice of collecting camping fees from camDers who have Harbor slip space on an armual basis and it was felt that this was not an unreasonable expectation. ClmY'. Hulm also reported that he was interested in improving the 4th Avenue Dock with some of the monies earned by Northern Stevedoring and Handling Corporation. 3. Clmr. Vincent reported that he had inspected the Small Boat Harbor and found a number of violations which should be corrected and was especially concerned about the apparent favoritism being shown to some of the Harbor patrons. Item 9 - Resolutions, Ordinances and Other Aciton Items; 1. Resolution No. 855 (see attached) a Resolution supporting constrcution of faculities for station KIMO-TV. Clmr. Hulm, seconded by Clmr. Crisp, moved to adopt Resolution No. 855. Passed unanimously. 2. Resolution No. ~5S (see attached), a Resolution revising the 1971-1972 Municipal Budget. Clmr. McCloud, seconded by elmY'. Crisp moved to ado t Resolution No. ~56. Passed uI1animously. 3. Ordinance No.3 see attached, the Harbor Ordinance. ClmY'. McAnerney, seconded by Clmr. McCloud, moved to read Ordinance No. 386 by title only. Passed unanimously. The City Manager read Ordinance No. 3~6 by title only. Clrnr. Hulm, seconded by ClmY'. McCloud, moved to approve Ordinance No. }36 and advance it to second reading. Passed unanimously. 4. Clror. McCloud, seconded by Clror. Hulm, moved to approve the assignment of the lease for Lot 3, Block 1, Marina Subdivision from Don M. and Margaret E. Cook to John and Norma J. Smith. Passed w1animously. 5. Clmr. McCloud, seconded by Clmr. Hulm, moved to approve the transfer of liquor license from Robert F and Darlene A. Grindrod to Leonard Ross. Passed unanimously. Item 10 - Report of the Borough Assemblymen: 1. elmY'. HulIn reDorted that Ordinance 72-3 providing for the rezoning requested by Waggy had been adopted by the Borough Assembly and that while the closure of Wildwood Air Force Station would result in fewer pupils next year, there would be no increase in Borough Taxes. Clmr. Crisp reported that the cuts had taken some of the "good things" away from the schools and that schools cannot be operated without some things. kZ Volwne 15 REGULAR MEETING OF MAY 8, 1972 REGULAR JVIEETING OF MAY 22, 1972 Page 82 Item 11 - Adjournment: Clmr. McAnerney moved to adjourn. Mayor Richardson adjourned the Meeting at 10:48 P.M. ~ltl ; /e" . /3, es R. Filip (City Clerk-Treasurer ~~~ obert . Richardson Mayor REGULAR JVIEETING OF MAY 22, 1972 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for May 22, 1972, was called to Order by Mayor Richardson at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. Vincent. Item 3 - Roll was called and those present were Mayor Richardson and Clmrs. Vincent, Crisp, McAnerney, McCloud and Hill. Clmr. Hulm was absent. Item 4 - Approval of Minutes: A correction of the Minutes on Page 81 was noted as follows: Item 8-2 delete the word "improving" and insert the words "going ahead with preliminary engineering on". Delete the words "by Northern Stevedoring and Handling Corporation" and insert the words "from wharfage". Clmr. McCloud, seconded by Clmr. Crisp, moved to approve the Minutes as corrected from the bottom one/third of Page 80 through the top one/fifth of Page 82 (Regular Meeting of May 8, 1972). Passed unanimously. Item 5 - The City Manager presented a series of 35mm color slides which illustrated the wide-spread nature of the problem relating to vacant buildings, junked auto's, trash and debris currently affecting the City. Abatement of the major offenders is being undertaken at the present time. Item 6 - Communications: 1. Letter dated 5/16/72 from Alaska State Housing Authority transmitting the Amedatory Part II Application for Loan and Grant for Project Alaska R-21 and a copy of the Cooperation Agreement. Signed Garrett W. Waldner, Coordinator for Urban Renewal Program. 2. Letter dated 5/18/72 from District Court, State of Alaska commenting on the City I12nager's earlier complaint regarding criminal justice activities and offering to help with problem areas in Seward. Signed Paul B. Jones, Presiding Judge. 3. Letter dated 5/17/72 from George E. Bell objecting to the collection of Camping fees in the Seward Camp grounds. Signed George E. Bell. 4. Letter dated 5/17/72 from Andrew M. Robson objecting to the collection of Camping fees in the Seward Camp grounds. Signed Andrew M. Robson. Item 7 - Citizen's Discussion and Public Hearings: 1. Public Hearing on the proposed Municipal Budget for 1972-73. Mayor Richardson opened the Public Hearing: Jim Mulligan stated that the proposed budget did not have any provision for a contingency fund for Seward General Hospital and that lack of patients at the Hospital could create a problem later in the year. No other persons wishing to be heard, Mayor Richardson closed the Public Hearing. Richard Hultburg stated he had signatures supporting a petition to utilize the Jesse Lee Home property as a park for the community. No action was taken on this suggestion. Item 8 - Council Discussion: 1. Clmr. McAnerney reported on the poor condition of the Cemetery. 2. Clmr. Hill discussed the wisdom of charging fees at the City's Camping Areas and took exception to the practice. 3. Clmr. McCloud suggested that the Council consider a paving project to improve the streets in the cOlllJ]lunity. Item 9 - Resolutions, Ordinances and Other Action Items: 1. Resolution No. 857 (see attached), a Resolution approving, participation by local housing owners in the Federal Rent Supplement Program. Clmr. McCloud, seconded by Clmr. Hill, moved to approve Resolution No. 857. Passed unanimously. 2. Resolution No. 858 (see attached), a Resolution approving the 1972-73 Municipal Budget and setting the mill levy. Clmr. McCloud, seconded by Clmr. Crisp, moved to approve Resolution No. 858. Passed unanimously. 3. Resolution No. 859 (see attached), a Resolution setting the month of June as Clean-Up, Paint-Up, Fix-Up Month in Seward. Clmr. CrisD, seconded by Clmr. McCloud, moved to approve Resolution No. 859. Passed unanimously. }\.tta,ched to a,nd made a part of the minutes of the Se,^'ard C:i.ty Council. V;91 ume E~page ~l^ l /.1" , . 'I""~~'I-..-&:> /, -t'",:,..,1:-"'~J'-;j .:I"ames R. Filip, City Clerk-Treasurer I I I HARBOR ORDINANCE ORDINANCE NO. 386 An Ordinance Amending and Reenacting Chapter 5 of The Code of the City of Seward, Alaska, Providing for Licensing and Regulating the Operation of Boats~ Providing for the Safety and Comfort of Persons Using Waterways~ Requiring Cleanliness of Docks~ and Prescribing Penalties for the violation of Its Provisions. Be it Ordained by the Council of the City of Seward, Alaska: Section 1. Chapter 5 of the Code of the City of Seward, Alaska, is hereby amended and reenacted to read as follows: Article I. In General. Sec. 5-1 Short title. This chaptezo ahall ...'" known aud may be cited as the "Seward Harbor Ordinance" Sec. 5-2. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Auxiliary. Any vessel which may be propelled by sails or by means of an inboard or outboard engine. While under ,sail only, an auxiliary shall be subject to rules governing sailing craft, while under power, either with or without sails, an auxiliary shall be subject to the rules governing motorboats. Boat. Boats or vessels of everykind and description used for commercial and recreational purposes. Business. All professions, trades. occupations and callings carried on for a profit or livelihood, including every kind of commercial enterprise, and including the operation of games, machines or mechanical devices. City. The City of Seward or any appointed representative of the city charged with the duty of operating the harbor. City manaqer. The city manager of the City of Seward. Dock. A waterway extending between two piers for the reception of vessels~ specifically, a landing pier for boats, a wharf. Fire chief. The fire chief to the City of Seward. Harbor. All navigable waters, inlets. bays and coves of Resurrection Bay within the limits of the city. Harbo~_.s.Qm!!L"hlli.Q!l...r_ Th~ harbor commission of the City of Seward. I I I Attached to and made a part of the minutes of the Seward City Council. t:~~e 1J~P7t ~;,:~ ' Harbor master. The harbor master of t~~'t'.oli~~~ard or his duly authorized representatives. City Clerk-Treasurer Moorinq. Any weight, chain, rope, floating object, structure or appliance used for the purpose 6f holding a vessel in a particular place, and which is not.car:cied Ou board such vessel as regular equipment when underway. Motorboat. Any vessel whose only means of propulsion is by internal combustion, electric or mechanical engine, either inboard or outboard. Person. An individual; a receiver; a trustee; a co-partner- ship; joint adventurers: a firm; an unincorporated association; a syndicate; a club, a society; a trust; a private corporation; a public corporation; a county, state or federal agency, board or commission; a school district; a water district; a utility district; or a political subdivision. Pier. A structure built out into the water with piles, for use as a landing place. Police chief. The chief of police of the City of Seward. Preferential absiqnment. A perferent~al assignment shall give the assignee the right to the preferential use of the wharf area described in the assignment. Sailinq craft. Any vessel whose only means of propulsion is by sail. Sand dolly or trailer. Any movable cradle, structure or device used for moving boats into or out of the water, or for the storage of boats thereon. Shoreline. The line of the tide at any given time. Slip. A vessel's berth between two piers. Stray vessel. A vessel that is (1) an abandoned vessel; (2) the owner of which i.s unknown; (3) a vessel moored without permission; (4) a vessel underway without a competent person in command. "Underway" means not at anchor, or made fast to the shore or aground. Temporary assiqnrnent. A temporary assignment shall give the assignee the right to the temporary use of the wharf area described in the assignment. Vessel. Every description of watercraft used or capable of being used as a means of transportation on the water. Sec. 5-3. Harbor commission--created~ composition;QUalifica- tions and appointment of members. A harbor commission is hereby created. The harbor commission shall consi~t of five members, all of whom shall reside in the Seward area and who shall be nominated by the mayor and con- firmed by the city council. I I I Attached to and made a part of the minute. of the S~rd City Council. Volume 15-~e 81 '. " ,;,... ) " I,. ~...." . J.... It. Pilip, City Clerk-Trea.urer Sec. 5-4. Same--Powers and duties. The harbor commission shall bhave the following powers and duties: (a) To conduct studies and make recommendations and reports to the city manager, the mayor and the city council as the official city advisory body concerned with all aspects of Resurrection Bay. Areas of concern shall be: (1) Overall bay and harbor inprovements to better accommodate ocean shipping and docking and commercial and pleasure crafts; (2) Development of land uses of lands contiguous to Resurrection Bay which will coordinate with and enhance the aquatic uses of Resurrection Bay; and (3) Development or redevelopment of small craft harbor facilities for both commercial and pleasure craft. (b) To determine those projects and activities, and their financing and means, which will best suit the sensible growth, inprovement or alteration of Resurrection Bay. (e) To actively identify itself wich and work in coopera- tion with any and all other duly constituted governmental or civic bodies conducting planning studies, surveys or projects relating to the use or development of Resurrection Bay and contiguous land areas. (d) To actively promote public relations between the city and the users of Resurrection Bay. Sec. 5-5. Deleqation of authority uo city manaqer. The responsibility for the administration of the provisions of this chapter is delegated to the city manager, or officers or employees of a department or departments of the city design- ated by him; provided, that some or all of the duties necessary to be performed in the administration may be performed by the harbor mast,er. Sec. 5-6. Duties of city manaqer. It shall be the duty of the city manager: (a) To carry out the orders of the city council and to enforce the provisions of this chapter and all other harbor regulations and ordinances. (b) To order any vessel improperly anchored, moored or berthed to change its position to such a one as he may designate, and in case his orders are not complied with, or the vessel is unattended, to cause such vessel to be so moved, and to collect the cost thereof from the vessel or the owner thereof. 3 I I I Attached to and ..de a part of the ainute. of the Seward City Council. Vbluae 15-ftge 11 7~-<1' I'. . < . ......,...,4'.'., ',~,....;., . J.... It. PUip. City Clerk-treaaurer (c) To promptly report to the appropriate federal agency any violation of the laws of the United States for the protection of navigation and the preservation of navigable waters, par- ticularly any encroachment on the waterway by the building of illegal structures, illegal filling or dumping of material of any sort into the waterway or throwing bverboard or setting adrift or allowing to be set adrift anything that is or might become obstructive or dangerous to navigation. Sec. 5-7. Duties of harbor master. It shall be the duty of the city harbor master: (a) To act for and assist the city manager in administr- ing the provisions of this chapter, coordinating with appropri- ate department heads services falling within their respective functions as defined in this chapter. (b) To collect harbor fees and charges and record in a proper register the location and the names, length, draft,be?~, type and names and addresses of the owners of all boats mooring in th~ Seward Municipal Small Boat Harbor, and the position of each approved mooring shall be noted upon a map or chart of the narbor. Such record, maps and charts shall be records of the city and shall be kept at the office of the harbor master. Sec. 5-8. Duty of masters and pursers of vessels to furnish information to harbor master: examination of papers of vessels. To enable the harbor master to keep an accurate record of the number, size and kind of vessels using the harbor, the amount, kind and value of waterborne freight handled, and the number of passengers carried, the masters and pursers of all vessels using the harbor are hereby required to furnish the harbor master with such information if so requesteQ,&to permit the harbor master to examine their papers, including their manifests. Sec. 5-9. Re~~~ of actions of harbor master and city manager. Any ruling of the harbor master shall be subject to review by the city manager, and any ruling of the city manager shall be subject to review by the harbor commission and city council, upon application of any person affected by the ruling. Upon any such review the ruling may be affirmed, reversed or modified. Sec. 5-10. Right of entry for purposes of inspection. The city manager, harbor master or any other person author- ized by the city council may enter and survey all vessels moored, anchored or proceeding in the harb()r, and grounds, buildings and places within the city to which 'this chapter is applicable, for the purpose of determining compliance therewith. Sec. 5-11. Conflects with federal laws and regulations. When any section of this chapter is found to be in conflect with federal laws and regulations governing the equipping, operation and licensing of boats and vessels on navigable waters of the Uni,ted States, then such federal laws and regulations shall prevail. but the remaining sections of this chapter shall not be affected" Attached to and made a part of the minutes of the Seward C:i.ty council. Volume lS..page 81 " ~.~ .. 1;~ . I' '1. .", '1. ~ James R. j;ilip,J City Clerk-Treasurer Sec. 5-12. Assumption of risk by owners of boats. The owner of any boat shall assume all risk of damage or loss to his property of any kind while it is within the limits of the harbor. The city assumes no risk on account of fire, theft, act of God or damage of any kind-to boats, persons or equipment. I Sec. 5-13. Emerqencv action in case of fire or extreme emer- qencv. The provisions of this chapter shall not be construed to limit the operator from taking action necessary to protect life, limb or property in the case of fire or extreme emergency. Sec. 5-14. Authoritv to remove vessels. Failure to observe any of the regulations of this chapt~r will entitle the city, by order of the city manager, to eject, remove or require the removal of any vessel from the harbor. This provision shall be in effect regardless of any lease or any other rights the boat or vessel owner may have. Article II. Requlation of Harbor Activj!v Generallv. Sec. 5-15. Deposit of refuse, flammable materials. etc., in water or on land: authority of city to remove prohibited substances. I No person shall throw, place or introduce any garbage, oil, flammable liquid. spirits, bilge water, dead animal, putrefying matter', refuse or waste matter of any description into the waterS' of the harbor or al()ng the shore, or upon any land within the harbor. The city may remove the same, with or without notice, and any costs or removing the same may be recovered by the city Irom the person violating this section. Sec. 5-16. Allowinq boats or refuse to remain on shoreline: authority of city to remove boats and prohibited substances. No person shall place or allow vessels, boats, materials, garbage, refuse, timber or waste matter of any description to remain on or upon the shorelines of the harbor within the city limits. The city manager may remove the same, with or without notice, at his option and the cost thereof may be recovered from any person owning the same, or placing or causing it to be placed on the shoreline, in a civil action. Sec. 5-17. Refuse and qarbaqe disposal. I All refuse and garbage shall be placed in the designated containers placed for this purpose. Sec. 5-18. Noise. NO person shall make or cause to be made any unnecessary noise, or shall play any musical instrument, in the harbor. between 11:00 P.M. and 7:00 A.M. Violation of this section will be cause for removal of the violator's boat from the harbor. If any group or organization wishes to hold any function which may continue after 11:00 P.M.. request for approval therefor must be made to thl~ city, which may extend the time. .... I I I Attached to and made a part of the minutes of the Seward City Council. Volume IS-page 8L /' Sec. 5-19. Unseaworthy vessels~ duty of or sunken vessels. ~ ~"... f" ~ " . I;.........'I..<~ ~ '.. /' James' R. Filip, dwne~i~ ot.rk~easurer No person shall bring into, moor or berth within, the harbor any vessel of any kind whatsoever which is so unseaworthy or in such a badly deteriorated condition that it is liable to sink or damage docks, floats or other v~ssels, or which may be- come a menace to navigation, except in cases of extreme emergency in which case the owner will be liable for any damage caused by such vessel. In the event a vessel or other craft is wrecked or sunk within the harbor, it shall be the owner's responsibility to mark its position and provide for the raising and disposition of such vessel or craft and assume all liability for damage to city property or other vessels in the harbor. Sec. 5-20. Abandoned, disabled, etc., boats declared nuisance~ abatement of nuisance. Every boat which is abandoned, or which becomes a menace to navigation or is unseaworthy, or sinks, grounds or becomes other- wise disabled, is hereby declared to be a nuisance, and the person in charge thereof shall abate such nuisance within thirty days after notice from the city manager. Sec. 5-21. Unauthorized utility connections~ damaqinq, inter- ferin~ ~ith, etc., wharfs, ramps, bouys, siqns, etc. No person shall tap, connect, disconnect or interfere with any water outlet, water pipe, water connection, telephone equip- ment,electrical outlet or electrical device of any kind in stalls maintained or operated by the city in the Seward Small Boat Harbor without first having obtained the permission of the harbor master. ,. No person shall interfere with or tamper with any wharf, float, gang plank, ramp or any other facility operated by the ci~y. No person shall wilfully or careless~y destroy, damage, disturb, deface or interfere with any buoy, float, life preserver, sign, notice, navigational marking or other similar property under the jurisdiction of the city or any other governmental agency. Sec. 5-22. Unauthorized boardinq of vessels. No person shall climb into or upon any vessel moored, docked or anchored in the harbor without the consent of the owner or other person having charge thereof. Sec. 5-23. carqo. No cargo shall be handled from the beach within the city limit unless a permit has first been obtained and a fee of $1.00 per ton has been paid. Handling shall be limited to a period of 72 hours or fraction thereof. Sec. S-24. Use of fire-fiqhtinq equipment restricted. Fire hoses and other fire-fighting equipment shall be used only for fighting fires. 6 Attached to and ..de a part of the minute. of the Seward City Council. volu.. 15-.age 111 ,. ~'.;_.; . ' / ~". J.... R. Pilip. ' City Clerk-rrea.urer See.~ S-~5. Use of open flames. . No pe~son shall use welding equipment, a burning torch or any other open flame apparatus without written permis:sion from the, harbor master. If welding equipment, a burning torch or any othEr open flame apparatus is used, care shall be exercised in the saf(;ty to other vessels and harbor facilities, an.,approved fire extinguisher of sufficient size shall be readily available with a water hose attached to an outlet as a standby where available, and a fire watch must be maintained while cutting or burnina is done. Se.c. 5-26, Spray paintinq of vessels prohibi,ted. No person shall spray paint a vessel while such vessel is at its berth. ~c. ~27~_ Loadinq or unloadinq explosives. .~o person shall load or unload gunpowder, giilnt povld<::r, dynamite or any other explosive to or from any vessel from or upon ~ny dock or other vessel in the harbor without first ob- taining a permit so to do from the fire chief, and paying therefor a fee of twenty-five dollars, and otherwise cOIDplyiz:'; with all rules and l.egulai:ions governing the loa,ding and '.mlo'~c- ing of explosives. Sec. 5-28. Storaqe on docks, floats and finqers prohiEit~~ I J.\ )thing shall be stored on the docks, floats or fingers ,d tl~ in t.he harbor. S~",-2-29. Open storaqe of rowboats, nets, etc. Facilities for the open storage of rowboats, skiffs, rafts, .net" reels and other items of equipment are not avaLi-able. ;.ny of the above items left ,,,,ithout storage will be deellleJ in violat,ion of this chapter and subject 'to being abated as ,\ nuisance. ~. 5-3~. Beachinq of vessels. ,Jo vess",,1 shall be beached along the shore, except in cr.ses of en,urgency or with permission of the harbor "aster or city m~rl:-.'J .:r. ~_: 5-31. Solicitation and advertisinq. (a) Solicitation of patronage in the harbor is prohibited. I (b) No person shall row, propel, navigate or maintain any veGs,~l or floa't in the harbor for the purpose of advertising. (c) No signs advertising commercial use of a vessel o:c political advertising shall be displayed on any vessel, fioa't, dock or other structure in the harbor. . I I A~taeh.d ~o and ..d. a par~ of the .inu~.. of the Seward Ci~y Council. Vol_ 15-..9- 81 , ',4~:;- _ ,~" ;-..~.: (,,_ Sec. 5",32. Storaqe and use of rowboats and,y.:l.--hIle_ilip, Cl~y Cl.rk-tr...urer Dinghies and rowboats owned by patrons in the harbor, when not kept aboard the owner's boat, may be kept in the water at the end of the slip, or at other locations designated by the harbor master. They shall not be placed on the docks or fingers or alongside vessels, except for minor repair, and shall not obstruct free access to fingers or be left on the dock, except when the owner is present in the harbor. Sec. 5-33. Installation of fenders on finqers. Boat owners shall not install fender material on fingers. Boat owners may purchase additional fenders of material as now installed. Sec. 5-34. Doqs. In accordance with chapter 4 of this Code, dogs shall be kept on a leash in all public areas in the harbor area. Patrons and their guests are required to closely supervise their animals on these premises, and particularly on the ramps, docks and fingers, in the best interests of public safety and sanitation. Sec. 5-35. SWimminq. No recreational swimming is permitted within the breakwaters! Sec. 5-36. Use of docks and finqers for boat maintenance. A patron under this chapter shall not obstruct docks and access' to fingers with tools and equipment. If patrons use portions of docks and fingers ~or rigging and maintenance work, such space shall be left in a neat, clean and orderly condition. Sec. 5-37. Small children on docks. Children under ten years of age are prohibited on the docks and fingers, except when in the immediate presence of their parents or other responsible adults. Sec. 5-38. Bicvcles and motorcycles. The riding of bicycles and motorcycles on the docks and gangways within the harbor is prohibited. Sec. 5-39. parkinq of vehicles qenerally. Vehicles shall be parked only in designated areas in the harbor area. Sec. 5-40. Discharqe of wastes from vehicles in parkinq lots. No person shall discharge waste material from a trailer, camper or other vehicle while such vehicle is in a parking lot within the harbor area. Sec. 5-41. Unauthorized collection of fees and use of water-" front. No person shall collect any toll, wharfage or dockage, or land, ship or remove~ny property upon or from any portion of the 'Waterfr.tmt of tlu1':i 1::.'1{ cr~':'(~;":::lr Ur'O'1'<1.'l.p<.r nf 'th..!:! dock$ l.mder +"\"1 C'. 'thiC" ,I ,'~ I' Attached to and made a part of the minutes of the Seward city council. volume lS-page 81 " . ;.,. I' i. James R. Filip, City Clerk-Treasurer S,ec. 5-42. T~fer of_~nancy of facilities. Tenancy of any facility is nontransferable. Sec. 5-43. Den~f0,-s~ use of f~ciliti~s. I The harbor master may deny the use of any of the facilities of the harbor when such use would not be in the best interests of the city. Sec. 5-44. Pumpi~q ()f boats by harbor master. Any boat, in case of emergency only, may be pumped by the harbor master. There shall be a minimum charge of two dollars and fifty cents for such service. Sec. 5-45. Charge for electric service. The charge for electric service furnished by the city shall be five cents per kilowatt hour. ~ec. 5-46. Los~nd abandoned property. I All vessels timber and other personal property found in the water or on the shore, piers and docks of the harbor or found adrift, sunken or constituting a hazard to navigation or a nuisance, within the waters of the city, and not in the lawful possession or control of some person, shall be immediately deliver- ed 'to the harbm: master, in whose custody they shall remain until claimed by the proper owner. Such owner shall pay all expenses incurred by the harbor master in connection therewith, including a charge for keeping and st.oring same. If such property is not claimed within sixty da.ys, <'.lod the charges are not paid therefor as provided in this section. the harbel: master may sell such property by giving at least ten days' previous notice of such ,sale by one insertion in a newspaper printed and published in the city. ~;,-ti(,,).€; III:~ .QE:?;1':2t:ion of Ves~~ Sec. 5-4Z.~.. MO\::.~~ent....Qf::.._y:'esselp..:... Movemen't of vessels \"i thi.n the harbor, between rows of slips, shall be for the purpose of mooring, entering or leaving a slip. Cruising between the slips is prohibited. ~~c. 5-48. ~~JjI,g under influence of alcoholic beveraqes or d!:..~ I No person shall operate a boat while under the influence of intoxicating liquor or narcotic drugs. Sec. 5-49. Reckless operation prohibited. The operation of any '\lessel in any manner which unreasonably interferes with the fre'~ and proper use of the harbor or un- reasonably endangers the users of the waters of t~e harbor is prohibited. I I I Attached to and made a part of the minutes of the Seward City Council. Volume lS-page 81 I' ", c, / ....., James R. Filip, City Clerk-Treasurer Sec. 5-50. Speed res~rictions. The speed of any boat within the harbor shall not exceed three knots and shall create no wake, wash or wave action which wil,l damage, endanger or cause undue distress to any other boat or occupant thereof. Sec. 5-51. License requirements. No person shall operate a boat unless properly licensed as required by applicable state and federal laws and regulations. Sec. 5-52. Anchorinq boats for fi~hina. No person shall anchor a boat for fishing or other purposes on any body of water over which the city has jurisdiction in such a position at- to obstruct a passageway ordinarily used'by other boats. Sec. 5-53. Muffl~rs r~~Jired on outboard motors. No person shall operate any motor within the harbor without having such motor equipped with a muffler. Sec. 5-54. U~e of Hdarchliqhts. No person operating a boat shall use searchlights indis- criminately or in such m.anner as to annoy or disturb other persons or boats. Sec. 5-5!}. Accig...ent reports. A duplicate copy of any report of any accident occuring in the harbor involving one or more vessels shall be filed with the harbor master. Article IV. ~e~ths and Moorinq_of Vessels. Sec. 5-56. permi~5;ruired._ It shall be unlawful for any person to moor or anchor any boat in any part of the harbor without first obtaining a permit to do so from the ci'ty and having paid to the city all fees as required by this chapter. Sec. 5-.57. Applicat:!.ons for berths: residents to have priori tv over nonresidents. Applications for berths in the harbor shall be made to the city and shall be granted in the order of request: provided, that preferences shall also be given to the boat most suitable to the berth to be rente~. Application of local residents shall have priority over applications of nonresidents. Sec. 5-58f Unauthorized berthinq. Any boat m4ner berthing in any berth without the consent of the city may be prosecuted for trespassing. Attached to and made a part of the minutes of the Seward City Council. Volume lS-page 81 ! " , ' .",.. James R. Filip, City Clerk-Trea8urer Sec. 5-59. Reqistration of boats upon arrival. All vessels shall be registered upon arrival: provided, that vessels arriving after 5:00 P.M. must register before 10:00 A.M. of the following day. I Owners of boats entering the harbor shall furnish the city with the following information: (a) Name of boat. (b) Type (sail, motoX', etc. ) . (c) Classification. Cd) Length. (e) Location. (f) Owners address. Sec. 5-60. Notice to city required when berth to be vacated mo~e than five days. Prior to departure from the harbor, boat owners shall report to the city if a berth or mooring is to be released, vacated or unoccupied for more than five days. I Sec. 5-61. Satisfactory moorinqs a~pchors required: authority of city to supply necessary service and equipment for boats. All boats moored or berthed in the Seward Municipal Small Boat Harbor shall be fitted with moorings or anchors satisfactory to the city and shall be maintained at all times in such condition as to meet with t:he approval of the city. I n the event any boat is not so maint.ained, the city may, but is not obliged to, supply any equipment and service necessary to care for the boat in such manner as to prevent damage. A charge for the same shall be added to the mooring fees and shall be collected as part of the mooring fee. Any equipment used or supplied by the city to protect any boat is not returnable. The city, at its discreation, may have such 'J/ox"k performed by any qualified person or organiza- tion at a reasonable fee. The city shall compensate such individual or organization which has performed the work and the amount thereof shall be added to the o\omer 's mooring fees. Sec. 5-62. Keepinq boats on floats prohibited. I Boats, whet,her used as tenders or otherwise, shall not be kept on the floats. Sec. 5-63. pe~itrequired to use boat for permanent livinq quarters. Use of a boat for permanent: living' quarters while moored at a pier is prohibited unless a permit is first obtained from the harbor master and a fee of $20.00 per month or fraction thereof is paid. t Attached to and .ade a part of the .inute. of the Seward City Council. volU188 lS-page 81 / ' J.... It. PUip, City Clerk-rrea.urer ~ 5::-64". ,_.13 '):::U:.I'_~'i,~1~,r ~cSs:.u.q,,~s iqned" be;: th . Doats ,Jill no'::: be permitted to USE! oth'~r than the berth assigrwd them. 'I'he city ';,;ill move boats not~ berthed in the space assigned to them ::t th2 c~ner!s expense. sec'-2-6s._,~l;.hg.!'..g,~f c_ttv 1:,0 1C~~S!.YE_yessels; liability of PW;{1"9K_ f<':lr costs of removcll and damages. I Any ve~s.:l, upon notice to move, ",hlch refuses or fails to mOVE! may be :shifted by tug or otherwi se by the city, and any exponse, damag,"s to such vessel 0)[ other vessels or wharf during such removal Dh~ll he charged to the vessel SO moved. Sec. 5-66. .!:r.~:.i:,~.rcn'cial assignm~.:;.. T'x:<::fe"c:I.':: "s,;i~;;',~.._l~tfS t') tl:H~ ~qharf may be obtained upon application to ti.3 city ~~n~ger &nd ~he charges therefor shall commey,ce on t.L 2 (~-,b2 ',pccified in "the assignme:Lt. preferential assignmen,::G relY b,,:: :","70\.-:~:':; by thr:, city man<1:'jer uFcm thirty days' prior written Lot5,~e to the assignee or may be vacated by the assigl:e€ upon t,hirty cl<:ys' prior written notice to the city manager: p:r.ov~c'L;;(;, that such z.s~'ignment;s may be terminated upon shorter notice at the di~cretion of the city manager. Sec. S"'Q.,,-_ \':'11"'~t:J:"":~2Li"J'E,tllim!J~p'C_riqh_t.~._ I Subject to ~~~ rates, ch&rgea, rules and regulations of this chapter and 2my ::':':::ri.ct:i.O?1.3, conditions, limitations and modi- fic8tit),-.~ 2:.'t :,UJ:":, ,J.:1 tL; : Gr: igr:.mc nt, itself, wharf aren assign- mentl'; : h,:lll :i..1H:::c.'L,d:> (;nly t;y, lice'1'2e 01: right: (a) To Door v~s~cl~ o~ned. o~erated or represented by the aB~ignee at ~h~ ar:c ~A31:ncd: {bj 'I'o',,:',:semb:.c.:, dist::ibute, load and unload merchandise and the cargoc8 cf varselc over, throv~h or upon the assigned '..,harf i"":'ea; <li1..J (c) To j?(::C:i:cr,,, ,2~lCh ether related activities as may be necesn~r:/ . 1ii!J en the '...iu,I::: rl'.;c~ Vh::'ll:f areel, or ;:my part thereof, is not requi~: ~ f',fi': ..::L '..1:,'.: oj; tha 23..;ignee or is unoccupied, the h-""-- masb~r r..ay', ~;'= ,Ii,3 discr.etion, assign such facility, or any part thereof, t~~ tcmpor~€y use by another person. 1>.2.S.',...2-(c~~,_k'2ori,l}.9_without wharf area assianment. I 7\11 vessels arc prohibited from mc,oring at any wharf at which they havli! no rC)!Jl:,Lar tl.5signraent or for which they have failed first. ';;0 !'c"akc ,1 h~ rthing application with the harbor master. Ver.:scls which 1\':00:: or 'take.13 berth outside their regular assignments, und vessels h'hich have no regular assignments which moor or tak,c' a bc':'ch without: first making application to and 5:::(::1;)ring t,h',:l p'Jo::;u:L,::>ionto us,,: Buch berth from the harbor mat;te:;:" i3h~ll c'c) E;O ,:d: t:h:~i,X' cwn risk ,mo. shall be held responsible for all "OS3 OJ:' o.;':11"1:1'.!? cE vhatsocve'r !1ablre resulting from such taking or uGing of such berth. Attached to and made a part of the minutes of the Se'l1ard city CounciL volume l:i"7l?age 81-, ;''''.,'' " ....~- (. ;.> '"\, ~. ",# -- ,"]' R .....1' ) ~~::.:::.::; 9 '_<<oX,,,,:eu :::::.L 0 tJ2,!'l::..thaqe fo~ l'!.9.DP.?-Y1!l~.2.:Lfe,:,..!J.lt!-llilll::. SL~X;;;!,!2!f:nc,? wit,h ..!!E..9Y]..B!.:ions. city Clerk-Treasurer 'rhe city :u~s;,u:ves the right to refuse bertho.ge to any boat owner \;lho h",", ,,:'aiJ,ed to pay berthage or fails "to abide by the pro'risions of th chapter or other rules and regulations of the city. ~. 5-7Q. Se"""zu~L.Q.f....E22i-and eq,ui,pment for n.Qnpayment of fees. I In the event the monthly rental and other chargE':s which shall have accured ~n favor of the city shall not be paid as required, the city may, without any advance notice, take possession of the boat, its tackle, apparel, fixtures, equip- ment and furnishf!~s, and may retain such possession until all charges th~n owir'9 and any charges ~"hich shall thereafter have accrued are fully paid. The remedy thus provided in this section is in addition to and not in lieu of any othex: remedies which the city may have ty virture of statute or otherwise. In any a,ction Ol: PJ:'oC('Ec:iri':,s fo'" the ,,";oilection of any Buras \"hich become paya:',le he::cundcr, each lessee agrees to pay to the city a reasonable SUM fo~ the city's expenses and attorneys' fees then?in. Sec. 5.::1..1.::.._.2ih'=:.rLu.r.d_ wh.eX~. payments to be made. Mooring or p.1ip fees shall bG due and payable in advance. payment shall b0 made to the city at its office at the harbor or at City Hall.. Fayment of such fees shall entitle the owner of a boat, rer. vhi.C~l all mooring and slip fees have been paid to a permit: to "~(I rilO'Jr or tie--up for. the paid-up period. I See.. .~;~~: '7 ;'L~_~4~H;~. ~:~.:~lI!:31 ;:- ate s ~ The ci council reserves the right to change the rates of rental by rcsolutj_oIl~ ~~:...~?..::.13 ~__,J',,~::,~!l~~::,f~,~_ The harb~= mafter shall prepare and sign all receipts in triplicate for dl: mo~~y paid as rentals or otherwise, giving the original l:ec<ci'p,t Lo thE payor delivel'ing one carbon copy to the cit,y cle1.'1:-U:r";,:5u;'er and keeping one carbor copy on file in his reeQ" is" 'I'h'", harbor master shall be subject to such further rules and I'C'g'tlat:!.on;=; idS may be provided by t,he city manager or by the city CC~~t ~l~ ,~.-"-,")-=":="~L,,,_F<(;.:.j2::,A~~L.P.rovis:ions in rental agreements. The following provisions shall be included in all rental : "reen,ents si.St\1!:?c1 by owners of boats. I "(a) ~~af~lation. Permittee agrees to comply with all regulations of the City of Seward governing moorinq and use of facilitil:'s in the bdrbor. Should permittee violate this agree- ment. posted regulations or pertinent city ordinance provisions, this rental agreement and permit may be terminated by the city, and the city may remove the boat from her mooring space at the permi ttee' s ris.k and expens,"! and retake possession of the moor- ing space." .. (bJ ~'l..:'!.~?j,S:1~:...'l'?.!l:SJ2f slip space,. Should reassignment of slip space 'or rroper operation of the harbor be necessary. permittee ~grees that the city may move his boat from one space to another at the ~iscr0tion of the harbor master, Written noti- :f :.:;~ t' iC'Jj:"'( ('-.' -""" 1:1 -', ,~: :"':{ .:n:"i, i"t: 1:: '2' a i f ;;"',;,,\/( " "I,'::' "'l",' ,t, Attached to and made a part of the minutes of the Seward City Council. 'iTolume 15-page 8).. ) '..t:.,., ~"") . "+,...... ...>'.-.." ~ ,James R. Fiiip, City Clerk-Treasurer "(c) Tra~'1.\~ 0:': ownership. Should perl1littef'~ sell or part ",ib. LX)SSc'ssion of t.he boat covered under permit:. the ne\r! owner shall have no right to the space occupied by the boat. The origin;:;l permittee !:lay retain slip space under his permit for nint~ty C"iYfJ, prO'.rided, thut within such tit'l\~ he shall procure, or be in the process of procuring, a boat of appropriate length for occupancy of the slip space." I Sec. 5-75. Boats to observe city health and conduct rules. Persons in charge of or occupying boats dock:ed at or moored to land, docks, slips or \olharves abutting w2:terways shall observe all the health and sanitary regulations of this code and other ordinances of the city relating to the conduct of persons and prohibiting acts contrary to public health, morals, safety or pU01ic peace. lli.."_5.,-?)~- ::t~!'L~1.:?_25.!...enuinq bcyo.E.d mOQ..,rinq. No part of any vessel shall extend more than beyo":d ":;1,<8 en,:l of any finger float, including but to boc:ts with dav:Lts, booms, boomkin or bowsprit. any vcss~l shall eJttend over the main walkway. four feet not limit.ed No part of Sec. 5-.~,...91:.g:1;.f:I!.9..!:.iQ:Q. of walkways., floats and qanqways pro- !\..~;.;;' i 1:: e d .;:... I No pe:cson shall place:; or permit to remain <my mooring lines. bose, el~ctric;l rable or attar service lines across the main walkNZlY"" 2\ F:;'.r:;c'; in:,IH.)[')0 of any ".f<'llkwziYs. floating structure Dr g~n~way shall ~-int?in the same in good condition so as to pJ:'eve'll~, injurs, to ;:::"lCscms. Such porson shall keep su,ch walkways, flo<'.dr9 structure:" 2'r:d gangv:ays clear of any obstructions. p~,~?_5;';Jl1L~__.I~~~,.r~j, j1::,~.,.3~ n d -!!l~~i i ~ t;S..lli1P~.-9' f _.::(;~ s se 1 s - tBJ Repa~rs to and maintenance of a vessel may be made or a.ccomplil!"hed ,,,,hile such vessel is at its berth, provided all such :>:lCk is done WOl.:~ is C;one within,- the confines of the vessel i tse 1 t and is not. crt:t:r: ied on in any manner whatsoever upon floats, gangways or dcck~. A'l materials used in such repair or mainten- ance "'OJd~ shall also be kept within the confines of the vessel and shall not be ke[l~ upon floats. gangways or docks. ~b) Repai;: and maintenance work which is not done within the confines of the vessel itself as required by subsection (a) of this section shall be accomplished only in an area designated for thcit pnrpose by the harbor master. H~c~_~~_~onliabilitv of city for boats an.~ equipment. I The city dO~5 not accept boats for storage. shall not be hel~ liable in any manner for the safekeeping or conditions of the same, and is not resopnsible khere~r as a warehouseman. The relation between the parties is simply that of a landlord and ten3nt. The city iG not resopnsible or liable for any damage e.r lOSt; to or of SUf..:h boat, its tackle, gear, equipment or proi?~rty J eithe:c Uly;m sc:ch boat or upon the premises of the city, from any C'.use ,...ha.te'.Ter, or for injury to the .tenant or invitees occasioned by any cause upon the harbor premises or adjacent thereto. Attached to and made a part of the minutes of the Seward City Council. Volume 15:-page 81- I ,-, James R. pilip, Art:..~cle y. Fees...fQL.UsLQ.t l!~bor Facil'itieC~~ll.urer .~~__5-8~. Dut~ oK-2oat owners to pay charge~. The o\-mers of boats using any harbor facility or service shall pay the charges thereon established by resolution of the city council. I Sec. 5-81. Removal of boats from harbor without ~ayment of charqes. It shall be unlawful for any person to remove from the harbor any boat upon which charges for berth rental, anchorage or wharf storage, or any other proper charge, are delinquent, without paying all such delinquent charges. The city may do all things necessary to prevent the removal of a boat in violation of this section, including locking or otherwise fastening a boat. Sec. 5-82. Authority of city to seize and $'jell boat for deli~: quent charqes. Wlen the charges for berth rental, anchorage, or wharf storage, or any other proper charge, of any boat, are delinquent for six months or more, the city shall take possession of any snch boat, and, after notice given by the city manager in the manner hereinafter provided, sell such boat at public auc~ion as hereinafter provided. .See. 5--83. Sale for delinquent charqes--Notice of sale. I (a) Notice of such sale, giving the time and place of the s~le, ? brief description of the boat and the amount of charges due, shall be published in a newspaper of general circulation in the city for two weeks. Such publication shall be made not later than ten days before the sale. (b) A notice of such sale, giving the time and place of the sale and the amount of the charges due, shall be given by register- ed mail, postage prepaid, to the owneJC of the boat, addressed to such owner at the address last known to the city. R.EE~~ Sa}'g!2.-_-Righ_t of owner to. make payment prior to sale. Th,~ owner shall have the right to stop the sale at any time before the hour for such sale by paying all proper charges, includ- ing services or berth rental, anchorage, wharf storage for such boat, and all costs incurred by the city in providing for the sale. peco_2=8S. Same--Disposition of proceeds. I The amount received at the sale shall be applied first to pay all costs of the sale, including the advertising of the notice. second, to pay the total amount due to the date of the sale to th~ c"ty for all approved charges, including services or berth rental, anchorage or wharf storage for the boat, and any balance shall be held by the city and paid to the owner on his demand therefor. ~-36. Same--Disposition of boat if insufficient bids .:receiv~~ If a vessel is offered for sale at public auction and no bids or insufficient bids are received therefor, such vessel may be disposed of in anyone of the following manners: -~ ,',:; I I I A~tached ~o and made . p.r~ of ~he minu~e. of the Seward Ci~y Council. VolU1118 IS-Page 81" , " (a) If the use thereof is the city, it may be turned O'<Ter , " " ,J ..;.c...ji' 1'L J.., ,,1 - ,_ requested bY.CJ~.~.~~'~~ of '€~ R~k e..urer to such departirtf:!n lOr 1. s use. (b) It may be sold at private sale. (c) It may be turned over to the purchasing agent for sale at the public auc'Li,on conducted pursuant to the provisions of the City Charter. (d) It may be destroyed. Sec. 5-87. Autho..rit'r of city to decli:l:.re berths vacant and re- mcwe ~ts from delinquer:.J..1:~th or moorinq. At any time; '.jhen slip rental charges for any boat are de1in- uent, the city may declare the berth vacant and re-rent the slip. The city may move any boat from the delinquent slip or mooring and place it for safekeeping; however, it shall give the tenant notice in wri t:in<] t<~n dz;ys before such removal. Upon such action, the rental charS8s for the boat so moved shall cease against the previous tenant, after removal of the boat. Article VI. Business Activities. Sec. 5-88. Licenses and permits prequisite to conduct of busin~s,s . No business activity shall be conducted within the harbor unless the licensee, permittee, concessionaire, assignee, lessee or sublessee shall have first obtained the necessary permits and licenses from the city. Sec. 5-89. Bus~ne~s permits--Required. It shall be unlawful for any person to conduct or carryon any business upon any portion of the city facilities, or upon any floa't, landing stage, or approach thereto in use in connection with the city facilities, or to use, occupy or hold possession of any part of the city f.acilities, float, landing stage or approach thereto, for any business purpose whatever, except for taking on or landing passenge:rs thereon or thereover unless such person shall have a business permit therefor. It shall b(~ unla,lIful for any person to solicit, ask for or request patronage or trade, or display wares or advertise in any way, on the city facilities, or upon any float, landing stage or approach thereto in use in connection therewith, for any business, or to sell tickets of any kind therewith, or to sell any article of merchandise upon any portion of the city facilities, float, landing stage or approach thereto, unless such person shall have a business permit therefor. Sec. 5-90. Same--~loyees and aqents of principals, Where a business permit is desired for a person to carryon business as an employee or agent for any person, the application for such permit shall be approved by the principal of such person, and such permit may be revoked at any time 'Mithout notice to the holder therof upon the request of such principal to do so. 16 I I I Attached to and made a part of the *inutes of the Seward City Council. Vplume l5-p~9'e 81,' -/ ':, .i" ," "';.., "~ ;./ James R. 'piiip, , ~ 5-91. Same--Application. City Clerk-Treasurer The application for a business permit shall be in writing and shall set forth the following information: (a) The name and address of the applicant and, if the applicant shall be a firm, the names and ad~resses of the members of such firm, and, if the applicant shall be a corporation, the names and addresses of the officers of the corporation: (b) The names of the boats, the description of the business to be carried on by means of such boats, a reference to the business licenses, if any, held by such applicant, and any other particulars which such applicant may wish to set forth as a reason for granting such permit: (c) A description of the space on the city facilities of the floa~s or landing stages the applicant desires to use in carrying on such business; and (d) A statement to be signed by the applicant that if such permit shall be granted, he will conduct his business thereunder in accordance with the laws of the city in relation thereto, the terms ,of such permit and all rules and regulations in relation to the city facilities, and that the permit may be revoked at any time by the city council for the violation of the terms of such permit, and that the decision of the city council as to the revocation of any such permit shall be final and conclusive. Sec. 5-92. Same-:~~~ The city council. shall have the power and authority, in its discre~tion, to grant a permit to any person to use or occupy certain portions of the city facilities, and any float, landing stage or approach thereto, for a term not exceeding one year, and subject to revocation at any time by the city council for violation of any of the terms of such permit, or of the laws of the city, or of the rules and regulations adopted by the city council for the use of the city facilities. Sec. 5-93. Sam~--'rer~nd conditions. All business permits shall be on forms to be adopted by the city council and shall include such terms and conditions, in addition to those set forth in this chapter, as the city council may determine from time to tirne to be necessary or advisable to presErve the public peace and quiet on the city facilities or to protect the public welfare, and all such terms and conditions included in any such permit shall be binding on the holder of such permit to the same extent as though expressly 'set forth in this chapter. Sec. 5-94. Same--Suspension and revoction. (a) Suspension. The city council may, in its discretion, at any time, as a penalty for the violation of the provisions of any business permit, suspend the same for a period to be fixed in such order of suspension. " ? I I I Attached to and made a part of the minutes of the Seward City Council. v~lume 15-page 81 '/ ", / .... ,.(J (b) Revocation. All business permitsU~l.k. ~,be granted and accepted by all persons receivbig:ys~~~ the express understanding that the city council may revoke the same at any time if satisfied that any of the conditions of the permit or provisions of this chapter have been violated, or that such permit was obtained by fraudulent representation, or that the holder of any such permit is an unfit person to be entrusted witp the privileges granted by such permit; provided, that no permit shall be revoked without first giving the holder an opportunity to appear before the city council in his own behalf, except as to an employee or agent of some other person holding a business permit who requests such revocation. Sec. 5-95. Riqht of city to inspect leased premises. The city reserves the right to inspect any of the rented or leased premises at any time. Failure to inspect shall not be deemed to create any responsibility upon the city. Sec. 5-96. Applicants to release city from liability. The city assumes and shall be under no liability for any- thing don~ or omitted to be done under or in relation to any of the provisions of this chapter, and applicants for permits shall release the city accordingly. Section 2. Upon the taking effect of this ordinance, any and all ordinances heretofore passed and now in effect dealing with the harbor and water ways are superseded and repealed. Section 3. If any provision of this ordinance or the applica- tion thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance are severable. ~ection 4. This ordinance shall take effect thirty (30) Aays after adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS day of , 1972. FIRST READING: SECOND READING: ADOPTION: l\YES : NOES: ABSENT: CITY OF SEWARD, ALASKA By R. F. Richardson, Mayor ATTEST: City Clerk APPROVED AS ~O F.ORM,: HUGHES, '1'EORS1\!ESS t LOWE, CANTZ & CLARK A,tto:r.ne)',o; [,:;,1: ~il':y of '3e'N'ard By 1(:( ~{jl_~rn:v::,th p", Jacobus I I I Attached to and made a part of the minutes of the Seward City Council. Volume lS-Page ~ I:'.. " / I. ' r< \'., ..f James R. Filip, City Clerk-Treasurer AMENDMENTS Sec. 5-23. Cargo ! Is hereby Repelled. No cargo shall be handled from the beach within the city limits unless a permit has first been obtained and a fee of $1.00 per ton has been paid. Handling shall be limited to a period of 72 hours or fraction thereof. Sec. 5-23. Cargo Is hereby reinserted as follows. No cargo shall be handled from the beach within the city limits unless a permit has first been obtained and a fee of $l.OO per ton has been paid. Handling shall be limited to a period of 72 hours or fraction thereof. There shall be no barge or vessel loading from the beach within the dredged'small boat harbor. 19 I I I ~n /, .1 Volume 15 Page 83 REGULAR MEETING OF ~y 22, 1972 REGULAR I1EETING JG~ 12, 1972 4. Ordinance No. 386 (see Page 81), Harbor Ordinance. Second reading. Clmr. McCloud, seconded by Clmr. McAnerney, moved to read Ordinance No. 386 by title only. Passed unanimously. The City Manager read Ordinance No. 386 by title only. Clmr. McCloud, seconded by Clmr. I~cAnerney, moved to approve Ordinance No. 386 on Second Reading and to advance it to Third Reading. Passed unanimously. 5. The City Manager presented a suggested Marine Fuel License Agreement for Council consideration. Clmr. Hill, seconded by Clmr. McCloud, moved to approve the Marine Fuel License Agreements. Passed unanimously. 6. Clmr. McAnerney, seconded by Clrnr. McCloud, moved to authorize $2,000.00 to be paid to the Seward Council on Alcohlism as requested in the letter dated 5/22/72 and signed by Nick Carter. Passed unanimously. Item 10 - Report of the Borough Assemblymen: 1. Clmr. Vincent reported that the Borough Assembly did not act on any Seward matter during their last meeting. Item 11 - Adj ourrunent : Clmr. McCloud moved to adj ourn. Mayor Richardson adjourned the Meeting at 9:48 P.M. James R. Filip City Clerk-Treasurer ~ '~2 " W/:5)/' , ~' :/a:-~T:;JZ";/~~,-, Ro ert F. Richardson~ I~ayor REGULAR MEETING JUNE 12, 1972 Item 1 Alaska P.M. The Regular Meeting of the Common Council of the City of Seward, for June 12, 1972, was called to Order by Mayor Richardson at 7:30 Item 2 The Opening Ceremony was led by Clmr. McAnerney. Item 3 Roll was called and those present were Mayor Richardson, Clrnrs. McAnereney, Vincent, Hulm, McCloud, Hill and Crisp. Item 4 Clmr. McCloud, seconded by Clmr. Crisp, moved to approve the Minutes as presented from the bottom four/fifth's of Page 82 through the top one/ third of Page 83, (Regular Meeting of May 22, 1972). Passed unanimously. Item 5 City Manager's Report: 1. The City Manager reported that the offer from Fredick J. Woelkers for the Jesse Lee Home properties had been withdrawn; that if Council had no objection, Adams Street between 3rd and 4th Avenues would be closed on the evening of July 4th for a street dance (no objection), that arrangements had been made for the moose at the Alaska Children's Zoo, when they are captured, that the Borough Economic Developement Committee would meet in Seward on Wednesday June 28th in the Council Chambers, that on Saturday, June 24th, Senator Ted Stevens would be in Seward from 2: 00 until 5: 00 P. 11. to meet with citizens in the Council Chambers, and that on Monday June 19, 1972, Judges Hanson and Jones and Tom Wardell would be in Seward to meet with the Council at 7:30 P. M. in the Council Chambers. Item 6 Communications: 1. Letter dated 5/30/72 from the Alaska State Housing Authority notifing the City of a redevelopment proposal from Delbert A. Hill for two lots immediately East of Bay City Motors. Signed Garrett W. Waldner, Coordinater. Council had no objection. 2. Letter dated 6/7/72 from Senator Ted Stevens transmitting to the City of Seward a United States Flag which has been flown over the U. S. Capital. Signed Senator Ted Stevens. 3. Letter dated 6/12/72 from Joe Fallon to Lounsbury and Associates requesting an extension of time on the Harbor Electrical project to December 1, 1972. Signed Joe Fallon. 4. Letter dated 6/2/7;: from Seward Fisheries reporting that a potential fire hazard had caused them to revise the location of the trailers proposed for the Leirer Industrial Subdivision, Signed Linne R. Bardarson, Manager. 5. Letter dated 6/2//'2 from Economic Development Administration advising that a check in the amount of $81,400.00 would be forthcoming as the initial payment on the wharf project in approximately three weeks. Signed Ross B. Manley, Chief, Teclmical Support Division. Item 7 Citizen's Discussion and Public Hearings: None Item 8 Council Discussion: 1. Clmr. Hill reported that cars were speeding ,r \ } '"', , ,I t.. ~ Volume 15 Page 84 REGULAR MEETING JUNE 12, 1972 REGULAR MEETING OF JUNE 26, 1972 in the Harbor area and that perhaps a pedestrian crooswalk might help. 2. Clmr. Crisp reported that he would be away for approximately six weeks. 3. Clmr. HulIn reported that he was not in favor of keeping the lower end of 3rd Avenue fenced off where it crosses into the University's lease hold but that this could be modified when development in the Seward Waterfront Tracts warrented a change. Clmr. HulIn also reDorted that he was interested in working on a radio program as a Public Service which would highlight City and Borough government news. Item 9 Resolutions, Ordinances and Other Action Items: 1. Ordinance No. 386, Harbor Ordinance, Final reading and adoption. Clmr. McAnerney moved, seconded by Clmr. McCloud, to read Ordinance No. 386 by title only. Passed unanimously. Ordinance No. 386 was read by title only with copies being available for the public. Clmr. McCloud, seconded by Clmr. Crisp, moved to approve Ordinance No. 386. Passed unanimously. Item 10 Report of the Borough Assemblymen: 1. Clmr. HulIn reported that the Borough Assembly had rejected a rezoning request in Soldotna, heard complaints about the poor workmanship of the Homer School, had received School equipment lists for Cooper Landing and Seldovia and that the Assembly would be discussing the General Government budget at the meeting to be held on June 13th, in Soldotna. Item 11 Adjournment: Clmr. McAnerney moved to adjourn. Mayor Richardson adjourned the Meeting at 8:51 P.M. ~ , REGULAR MEETING OF JUNE 26, 1972 Item 1 - The Regular Meeting of the Corrmon Council of the City of Seward, Alaska, for June 26, 1972, was called to Order by Mayor Richardson at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. McCloud. Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. McCloud, McAnerney, Vincent and HulIn. Clmr. Hill arrived late. Clmr. Crisp was absent. I tern 4 - Approvel of Minutes: Clmr. HulIn requested the following addition to Item 8-3, Regular Meeting of June 12, 1972: "Clmr. HulIn dis- closed the establishment of the University's fence on the East demarcation line established the University obtained considerably more waterfront property than the City Council had authorized at the outset." Clmr. HulIn, seconded by Clmr. McCloud, moved to approve the Minutes as corrected from the bottom two third's of Page 83 through the top one/half of Page 84 (Regular Meeting of June 12, 1972). Passed unanimously. Item 5 - City Manager's Report: 1. The City Manager introduced Mrs. Marrilyn Miller, Local Government Specialist of the Alaska Municipal League who briefly reported on League activity for the year and who invited members of the Council to attend the Municipal League meeting to be held in Anchorage in October. 2. The City Manager introduced Mr. James A. Cameron, City and Borough Coordinator for the Alaska Public Employees Association. Mr. Cameron reported on the development and growth of the Association and stated that some of the City's employee's wanted a representative to speak for them in regards to salary, benefits and pension planning. Mr. Cameron ended his corrmentary by saying that employee membership in the Alaska Public Employees Association was voluntary and employees would be able to join or drop out at any time. 3. The City Manaager concluded by re- porting that a local youth group had volunteered to help with a beach clean-up, that a Sllimnons had been served upon the City in Arthur P. Parsons vs. City of Seward and Officer Dane Amos, and that the Kenai Penninsula Borough Planning and Zoning Commission had approved Oceanview Subdivision I I I u- nt) Volwne 15 Page 85 REGULAR llJEEI'ING OF JUNE 26, 1972 Addition No.1, Lots 1, 2, and 3, Block 5, subject to confirmation by the Seward Advisory Commission. Item 6 - Communications: 1. Letter dated 6/22/72 form U. S. Department of Commerce transmitting a check in the amount of $81,400.00 for the wharf project. Signed Clyde S. Courtnage, Economic Development Administration. 2. Letter dated 6/20/72 from the United States Coast Guard requesting a one year option on Tract A-I, Jesse Lee Heights Subdivision for 6% of the offered price of $10,800.00 or $648.00. The price represents 6.7~ per square foot. Sigend John H. Byrd, Jr. Commander, U. S. Coast Guard. (No action taken). 3. Copy of a letter dated 6/21/72 from Christonson Construction Company to Lounsbury and Associates reporting on certain delays experienced in the wharf construction project. Signed Paul R. Reynolds, Vice-President. 4. Copy of a letter dated 6/19/72 from the District Sanitarian, State Department of Health and Welfare to Mr. Jerry Glore, Farmers Home Administration reporting that the Arthur Endresen property in Seward is not correctly connected to the septic tank system and that the home must be suitably equipped to handle sewage or be vacated in 30-days. Signed Howard R. Kaiser. Item 7 - Citizen's Disucssion and Public Hearings: 1. Norman C. Waggy suggested that Council consider additional signs in the Harbor which would mark the floats more effectively. Item 8 - Council Disucssion: 1. Clmr. McAnerney gave a short report on the activities of the Seward Alcohol and Durg Abuse Council. 2. Clmr. Hulm commented on the area-wide clean-up activity and suggested a prize for some of the youngsters as an added incentive. Hulm added that more trash cans in the downtown area were needed. Item 9 - Resolution, Ordinance and Other Action Items: 1. Ordinance No. 387 (see attached) an Ordinance amending Section 11-1 of the Seward Code to provide for the adoption of the Fire Prevention Code, 1970 Edition. First reading. The City manager read Ordinance No. 387. Clmr. Hulrn, seconded by Clmr. Hill, moved to approve Ordinance No. 387 and to advance it to second reading. Passed unanimously. 2. Ordianance No. 388 (see attached) an Ordinance amending Section 6-1 and 6-2 of the Seward Code to provide for the adoption of the Uniform Building Code Vols I and IV, 1970 Edition and 1971 supplement. First Reading. The City Manager read Ordinance No. 388. Clmr. McCloud, seconded by Clmr. McAnerney, moved to approve Ordinance No. 388 and to advance it to second reading. Passed unanimously. 3. Clmr. Vincent, seconded by Clmr. Hulm, moved to instruct the City Manager to remove the storage boxes on the Harbor floats and to report at the next Regular Meeting. Passed unanimously. Item 10 - Report of the Borough Assemblymen: 1. Clmr. Hulm reported that the Borough Assembly had a meeting on June 20th and had reconsidered the Borough Budget. Attempts were made to delete certain items but the budget was re-adopted unchanged. The Assembly adopted Resolution 72-10R, the Budget resolution and also Resolution 72-6R, Setting the Borough levy at five(5) mills, Clmr. Hulm concluded his report by saying that the revenue picture for the Borough for 1973-74 looked especially good since certain tax exemptions were to expire then. Item 11 - rnyor Richardson requested a brief Executive Session prior to adjournment. Council recessed to Executive Session at 9:45 P.M. Council reconvened the Regular Meeting at 9:51 and there being no further action to come before the Council, Clmr. !l[cCloud moved to adj oum. Mayor Richardson adj ourned the ~I[eeting at 9: 52 P. M. ~ /,-,'flJ (James R. Filip I ~ ~ty Clerk-Treasurer ~1~-J<7.h-' . F. Ri dson Mayor x x X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X ~I' ,~ ,~l Volume 15 Page(86 Regular Meeting of July 10, 1972 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for July 10, 1972, was called to Order by Mayor Richardson at 7:32 P.M. Item 2 - The Opening Ceremony was led by Clmr. HulIn. Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. HulIn, McCloud and McAnerney. Clmrs. Hill and Vincent were absent. Clmr. Crisp was excused absent. Item 4 - Clmr. McAnerney, seconded by Clmr. McCloud, moved to approve the Minutes from the bottom one/half of Page 84 through the bottom of Page 85 (Regular Meeting of June 26, 1972) with the notation that Clmr. Crisp's absence's were excused. Passed unanimously. Item 5 - The City Manager reported (1) that the City had been invited to apply for funds for a project under the Public Works L~pact Program (P.W.I.P.) but the administration recommended that no action be taken since the City did not have the available funds or adequate time to complete the proj ect application (Council had no objection); (2) that the Seabees had been in Seward and had completed approximately two/third's of the beach clean-up work in the vicinity of the Harbor and (3) that the Jesse Lee Home case will probably go to trial in Seward in September. Item 6 - Communications: 1. Letter dated 6/29/72 from State Department of Environmental Conservation reporting on additional requirements for the Environmental Assessment in connection with the proposed Seward Sew- erage project. Signed Richard H. Britt, Sanitory Engineer. 2. Letter dated 6/27/72 from the Kenai Peninsula Borough requesting the appointment of a representative from Seward to serve on the Kenai Peninsula Borough Planning Commission. Signed G. S. Best, Associate Planner. Clmr. McCloud, seconded by Clmr. HulIn, moved to allow the Seward Advisory Planning and Zoning Commission to make this appointment. Passed unanimously. Item 7 - Citizen's Discussion and Public Hearings: 1. Public Hearing Coast Guard property option - Jesse Lee Heights Subdivision - Tract A-I. Mayor Richardson opened the Public Hearing. No one desired to be heard. Mayor Richardson closed the Public Hearing. No citizen's desired to be heard. Item 8 - Council Discussion: 1. Clmr. McCloud requested more speed limit signs be posted in the Clearview area. 2. Mayor Richardson reported on the deplorable traffic conditions on 4th Avenue in the downtown area and suggested the Police Department should issue tickets for improper U-Turns in the middle of the block and for vehicles backing out into the opposing lane of traffic. Item 9 - Resolutions, Ordinances and Other Action Items: 1. Ordinance No. 387, an Ordinance amending Section 11 - 1 of the Seward Code to provide for the adoption of the Fire Prevention Code, 1970 Edition, Second Reading. The City Manager read Ordinance No. 387. Clmr. HulIn, seconded by Clmr. McAnerney, moved to approve Ordinance No. 387 on second reading and to advance it to third and final reading. Passed unanimously. 2. Ordinance No. 388, an Ordinance amending Section 6-1 and 6-2 of the Seward Code to provide for the adoption of the Uniform Building Code Vols I and IV, 1970 Edition and 1971 Supplement, Second Reading. The City Manager read Ordinance No. 388. Clmr. HulIn, seconded by Clmr. McCloud, moved to approve Ordinance No. 388 on second reading and to advance it to third and final reading. Passed unanimously. 3. Bid Award - Roof Repairs; The City Manager read the bids submitted in connection with the proposed roof repairs for City Hall and the Fire Station. A disparity in the bids submitted indicated that the specifications were not satisfactory and that the bid should be let a second time. Clmr. McAnerney, seconded by Clmr. McCloud, moved to reject all bids and re-bid the project as soon as possible. Passed unanimously. 4. Approval of proposed plat - Jesse Lee Heights Subdivision - Addition No.1. Clmr. McAnerney, seconded by Clmr. McCloud, moved to approve the plat of Additon No.1, Jesse Lee Heights subdivision. Passed unanimously. Item 10 - Report of the Borough Assemblymen: 1. Clmr. HulIn reported that the Borough Assembly did not lneet within the last two weeks but that they would hold a meeting on Tuesday, July 11, 1972, with the Borough Planning and Zoning Commission to discuss the proposed Borough Zoning Ordinance. I I I ATTACHED TO AND MADE A PART OF THE MINUTES OF Tf]EWARD CIT~YO NCIL OL 15 .fPAG ' ') /L~ ~ "j0ameg R. F~'ip, I)' / City Clerk-Treasurer CITY OF SEWARD, ALASKA ORDINANCE NO. 387 AN ORDINANCE AMENDING SECTION 11-1 OF THE SEWARD CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE FIRE PREVENTION CODE OF THE AMERICAN INSURANCE ASSOCIATION, 1970 EDITION. THE CITY OF SEWARD, ALASKA ORDAINS: Section 1. That the Seward City Code, Section 11-1, is hereby repealed and reenacted to read as follows: Section 11-1. Fire Prevention Code Adopted. The Fire Prevention Code, 1970 Edi- tion, recommended by the American Insurance Association, is hereby designated and shall be known as the Fire Prevention Code of the City, and shall constitute the laws of the City relating to fire safety regula- tions. Although not printed in full in this chapter, all of the provi- sions of the Fire Prevention Code shall be and are hereby adopted by reference to the same extent as if set forth in full herein, except to the extent that the Fire Prevention Code shall be in conflict with the provisions of this chapter. Section 2. That this ordinance takes effect imme- diately upon passage and approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this day of , 1972. ~~~ FIRST READING: SECOND READING: ADOPTION: AYES: NOES: ABSENT: June 26, 1972 ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, LOWE, GANTZ & CLARK Attorneys for the City of Valdez ,./ n \'-j fI,' >~. ,.JJ I .-<.~___ . j'l , A I By '\HA/\AfJ )/1) I, -clA"tY\JVV-lI KO?neth P. JaCOb\:) CITY CLERK CITY OF SEWARD, ALASKA ORDINANCE NO. 388 TH, SEWARDlT~C C IL ,VOL P . P AG, , , ~ ". James . Fi ip, < . ~ City Clerk-Treasurer , ATTACHED TO AND MADE A PART OF THE MINUTES OF I AN ORDINANCE AMENDING SECTION 6-1 and 6-2 OF THE SEWARD CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE UNIFORM BUILDING CODE, VOLUMES I AND IV, 1970 EDITION, PLUS 1971 SUPPLEMENT. THE CITY OF SEWARD, ALASKA ORDAINS: Section 1. That the Seward City Code, Section 6-1, is hereby repealed and reenacted to read as follows: Section 6-1. Uniform Building Code Adopted. The Uniform Building Code, Volume I, 1970 Edition plus 1971 Supplement, published by the International Confer- ence of Building Officials, is hereby designated and shall be known as the Seward Building Code, and shall con- stitqte the laws of the City relating to bui+ding regulation. Although not published in full in this section, all of the provisions of the Uniform Building Code shall be and are hereby adopted by reference to the same extent as if set forth in full herein, except to the extent that the Uniform Building Code shall be in conflict with this code or any relevant ordi- nance later adopted, in which case the provisions of this code shall prevail. The city clerk is directed to keep on file at least three copies of the Uniform Building Code, Volume I, 1970 Edition plus 1971 Supplement, together with any and all amendments thereto, for pUblic use, inspection and exam- ination, so long as the provisions thereof remain in force. I I It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, improve, con- vert, demolish or equip any building or structure in the City, or cause or permit the same to be done, con- trary to or in violation of any of the provisions of the Uniform Build- ing Code adopted and incorporated as the Seward Building Code by this section. 1. .. ATTACHED TO AND MADE A PART OF THE MINUTES OF TH,E, SEWA,RD, C~Y;r!O N;C"IL (~~1.'g 1 c~ A . , James R. Fi ip, , ~ City Clerk-Treasurer Section 2. That the Seward City Code, Section 6-2, is hereby repealed and reenacted to read as follows: ~\ Section 6-2. Dangerous Building Code Adopted. I The Uniform Building Code, Volume IV, Dangerous Buildings, 1970 Edition, published by the International Confer- ence of Building Officials, is hereby adopted by reference to the same extent as if all provisions of this volume were set forth in full herein. The City Clerk is directed to keep on file at least three copies of the Uniform Building Code, Volume IV, 1970 Edition, for public use, inspect- ion and examination, so long as the provisions thereof remain in force. Section 3. That this ordinance takes effect immedi- ately upon passage and approval. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this day of , 1972. MAYOR I FIRST READING: SECOND READING: ADOPTION: AYES: NOES: ABSENT: June 26, 1972 ATTEST: CITY CLERK APPROVED AS TO FORM: I HUGHES, THORSNESS, LOWE, GANTZ & CLARK Attorneys for the City of Valdez , ^~) ~ ' \! \- ' By' ",(Vv^..Av:t!) \\ /"--- 'f-'t Kenneth P. Jacobus. , J 2., I I, I I I 87 Volume 15 Page 87 Regular Meeting of July 10, 1972 Regular Meeting of July 24, 1972 Item 11 - Engineer's Report: 1. Project Engineer, John Clark, reported that the wharf project is behind schedule but the work is proceeding well and the contractor is catching up. No completion date has been set but no hang- ups are foreseen. Clark also reported that the Small Boat Harbor electrical work is going reasonably well but that the contractor received an extension because of non-availibility of materils for the job. Item 12 - Adj ournment : Clrnr. McAnerney moved to adj ourn. Mayor Richardson adjourned the Meeting at 8:31 P.M. ~) ~ , /:/ M '- .;v(, -} ,J es R, LurU 1 City Clerk-Treasurer V ./ " _::.-7,' ;'_-:,-"::~:"'-':?? ,f I .-:.." _,/ /.,' '/' .', "'6.. /'1;-1 ."1 '.?:J-7~ R: P: Richat"d2Qn l - Mi'yor REGULAR MEETING OF JULY 24, 1972 Item 1 - The Regular Meeting of the Corrmon COW1cil of the City of Seward, Alaska, for July 24, 1972, was called to Order by Mayor Richardson at 7:30 P. M. Item 2 - The Opening Ceremony was led by Clmr. McCloud. Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. McCloud, Hulm, Vincent, Hill and McAnerney. Clmr. Crisp was excused absent. Item 4 - Clmr. McCloud, seconded by Clmr. McAnerney, moved to approve the Minutes, as presented, from the top of Page 86 through the top one/fourth of Page 87 (Regular Meeting of July 10, 1972). Passed W1animously. Item 5 - The City Manager reported (1) that work was progressing on the Pension plan program for City employees, (2) that the Planning and Zoning Commission had recorrmended certain minimum building valuations for building permits based on the International Conference of Building Officials Guide (no objection), (3) that the Electric Rates and Power Study from Beck and Associates had been received, (4) that camping fee revenues for the camp- groW1ds in Forest Acres and the Harbor were $366.00 and $824.00 respectively, (5) that the City had sent a participant to the Highway Safety Program in JW1eau and that the City may receive program fW1ds for signs and traffic equipment and (6) that the preliminary paving study for certain streets in Seward had been completed and that COW1cil would be able to evaluate the projected costs based on the estimates contained in the report. Item 6 - CorrmW1ications: 1. Letter dated 7/15/72 from Senator W. I. "Bob" Palmer to Bruce Campbell, Commissioner of Highways, reporting that the Free Conference Corrmittee had allocated $70,000.00 for the improvement of Lowell Point road near Seward. Signed W. 1. "Bob" Palmer. 2. Letter dated 7/6/72 from Chugach COW1cil Camp Fire Girls requesting $500.00 from the City in order to sponsor a water safety recreation program this summer. Signed Joan Hurst, Executive Director. Clmr. McAnerney, seconded by Clmr. Hulm, moved to approve the expenditure of $500.00 for the Camp Fire Girl's Seward program in 1972. Passed W1animously. Item 7 - Citizen's Discussion and Public Hearings: None Item 8 - COW1cil Discussion: 1. Clmr. McAnerney asked to be excused from the next two COW1cil Meetings. No objection. 2. Clmr. Hulm, moved, seconded by Clmr. Vincent, to place additional cans in the Downtown area for trash. Passed W1animously. 3. Clmr. Vincent requested that signs prohibiting fish cleaning in the Forest Acres campgroW1d be posted. 4. Mayor Richardson asked if there was objection from the COW1cil on allowing Skill Center trainee's to do grading in the 7th Avenue beach area (no objection). Item 9 - Resolution, Ordinances and Other Action Items: 1. Resolution No. 860 (see attached), a Resolution approving the sale of Tract A-I, Jesse Lee Heights Subdivision to the United States Coast Guard for $10,800.00. x8 Page 88 Volume 15 REGULAR MEETING OF JULY 24, 1972 REGULAR MEETING OF AUGUST 14, 1972 Clmr. McAnerney, seconded by Clmr. McCloud, moved to approve Resolution No. 860. Clmrs. McCloud, Hulm, Vincent, Hill and Mayor Richardson - No. Clmr. McAnerney - Yes. Motion fails. Clmr. Hulm, seconded by Clmr. Hill, moved to direct the City Attorney to draft a Resolution providing for the construction of twenty 3-bedroom housing units within a three year period and providing for a reverter clause if the work is not completed within that period. Clmrs. McCloud, Hulm, Vincent, Hill and Mayor Richardson - Yes. Clmr. McAnerney - No. Motion passes. 2. Resolution No 861 (see attached), a Resolution providing for the rejection of Chapter 113, Laws of Alaska, 1972, relating to wages, hours and working arrangements. Clmr. McAnerney, seconded by Clmr. McCloud, moved to approve Resolution No. 861. Clmrs. McCloud, Hulm, Vincent, Hill and McAnerney - No. Mayor Richardson Yes. Motion fails. Clmr. Vincent ave notice to reconsider Resolution No. 1 at the next Regular Meeting. 3. Ordinance No.3 7 see page 5), an Ordinance amending Section 11-1 of the Sewared Code to provide for the Adoption of the Fire Prevention Code - 1970 Edition. Final Reading. The City Manager read Ordinance No. 387 in full. Clmr. McAnerney, seconded by Clmr. Vincent, moved to adopt Ordinance No. 387. Passed unanimously. 4. Ordinance No. 388 (see page 85), an Ordinance amending Section 6-1 and 6-2 of the Seward Code to provide for the adoption of the Uniform Build- ing Code Vols. I and DJ 1970 Edition and 1971 Supplement. Final Reading. The City Manager read Ordiance No. 388 in full. Clmr. Vincent, seconded by Clmr. McAnerney, moved to adopt Ordinance No. 388. Passed unanimously. 5. Bid Award - Roof repairs - City Hall and Fire Station. The City Manager reported that the follwing bids had been received and opened in accordance with the advertisement and invitation to bid: Garri's Roofing: City Hall $1,518,00 Fire Station $1,495.00 Petroleum By-Products: City Hall $2,792.21 Fire Station $2,751.15 Alaska Builders: City Hall $2,680.00 Fire Station $2,560.00 Alaska Builders Alt. No.1 City Hall $3,618.00 Fire Station $3,456.00 The alternate bid submitted by Alaska Builders, Inc. called for the addition of fifty-pounds per square flood coat and was recommended by Alaska Builders to obtain a better seal. Discussion followed. Clmr. McCloud, seconded by Clmr. Vincent, moved to award the roof repair bid to the second lowest bidder - Alaska Builders, Inc. Clmr. McCloud and Hulm - yes. Clmrs. Vincent, Hill, McAnerney and Mayor Richardson - No. Motion fails. Clmr. Vincent, seconded by Clmr. Hill, moved to authorize the City Manager to investigate the apparent low bidder and to award the bid in the best interests of the City of Seward. Passed unanimously. 6. Clmr. McCloud, seconded by Clmr. Hill, moved to approve the liquor license transfer for American Legion Post #5. Motion passed with Mayor Richardson dissenting. 7. Clmr. Vincent, seconded by Clmr. Hill, moved to table assignments of lease for the East ~ of lot 12 and lot 13, Seward Small Boat Harbor Industrial Subdivision. Passed unanimously. Item 10 - Report of the Borough Assemblymen: Clmr. Hulm reported the Borough Assembly had held a meeting in Homer, that Seward would receive a new school bus in October and that LuCelia Suszka had replaced Herman Leirer as Seward's representative on the Borough Planning and Zoning Commission. Item 11 - Adjournment: a~d t~; ~et'0r 1\' 0/. J s R. Filip ~ LitY Manager Clmr. McCloud moved to adj ourn. Mayor Richardson 10:51 P.M. ~ . F. Ri ardson Mayor REGULAR MEETING OF AUGUST 14, 1972 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for August 14, 1972, was called to Order by Mayor Richardson at 7:40 P.M. Item 2 - The Opening Ceremony was led by Clmr. Crips. Item 3 - Roll was called and those Crisp, Vincent, Hulm and McCloud. McAnerney was excused. present were Mayor Richardsn, Clmrs. Clmr. Hill arrived late and Clmr. I I I Volwne 15 Nn Page 89 REGULAR MEETING OF AUGUST 14, 1972 Item 4 - Clmr. flJcCloud, seconded by Clmr. Hulm, moved to approve the Minutes as presented from the bottom three/fourth's of Page 87 through the top four/ fifth's of Page 88 (Regular Meeting of July 24, 1972). Passed unanimously. Item 5 - City Manager's Report: 1. The City Manager reported that a meeting with Chugach Electric Association officials would be held in Seward on August 15, 1972, and the subjects to be discussed included renegotation of the City's electric contract as well as the quanity and quality of the service provided. Clmr. Hill arrived at this time. Item 6 - Cormnunications: 1. Letter dated 8/11/72 from Hughes, Thorsness, Lowe, Gantz and Clark reporting that wages due Mr. ~allon's employee's are to be paid directly to them and not to Arctic Electric under the demand made on August 9, 1972, by Mr. Benny Joy of the Department of Labor. Signed Irving Bertran for Kenneth P. Jacobus. 2. Letter dated 8/4/72 from North American Development Corporation expressing interes~ in establishing re- crenational trailer faculties on City property along the waterfront in the Small Boat Harbor area. (Council 'did not object to investigation of the matter further). Signed James M. Souby III, Vice-President. 3. Letter dated 7/28/72 from Kenai Peninsula Borough suggesting the combination of election boards for City and Borough elections. (Council had no Objection). Signed Frances Brymer, Borough Clerk. 4. Letter dated 7/26/72 from the American Revolution Bicentennial Cormnission reporting on lack of funds to make the Seward trip possible and expressing apologies. Si~1ed Kent B. Williams, Public Information Officer. 5. Memorandwn dated 8/11/72 to Lt. Donald F. Riley from Chief William T. Bagron placing Lt. Riley on Administrative leave for an indefinate oeriod. Signed William T. 13agron, Chief of Police. 6. Letter dated 8/11/72 from Silver Dollar Motorcycle Club requesting permission to use the Northeast corner of 4th Avenue and 7th Avenue during the period from August 15th through August 20th from 10:00 A. M. to 7:00 P.M. for exhibition riding and competion cycling. Signed Harvey H. Layman, President. Clmr. McCloud, seconded by Clmr. Crisp, moved to approve the request as submitted. Passed unanimously. 7. Letter dated 8/10/72 from Al Lamberson requesting a refund of $117.00 on a vehicle re- cently purchased from the City which had a broken block. Signed Al Lamberson. Clmr. Vincent seconded b Clmr. Hulm moved to ao rove the $117.00 refund. Motion passed with Clmr. Hill voitng "no". Letter dated /9/72 from Bureau of Land Management reporting that the City should apply to the State Division of Lands for acquiring certain land within the City Limits. Signed J. A. Hogans, Chief Adjudicatior. 9. Letter dated 8/9/72 from Department of Highways reporting that the City's three year program for local Service Roads and Trails should be submittted to the Department by September 15th, 1972. Signed Jack M. Spake, Central Distirict Engineer. 10. Letter dated 8/7/72 from Hewitt V. Loundsbury and Associates trffilsmitting mounthly report No.3, July, 1972, for the Wharf project. Signed JOM R. Clark, Resident Engineer. 11. Letter dated 8/1/72 from Seward Fisheries agreeing that change order No. 3 on the wharf project will bear no expense to the City of Seward and requesting grading and drainage on the wharf surface. Signed Lirme Barderson, Reisident Manager. 12. Letter dated 8/2/72 from Hughes, Thorsness, Lowe, Gantz and Clark to United States Coast Guard advising them of the City's desire to incorporate a reversionary clause in the Jesse Lee Property sales agreement. Signed Kenneth P. Jacobus. 13. Letter dated 7/24/72 from Leonard Ross reporting that Mr. Charles Wingo had accepted responsibilities for the former Alaska Railraod carrlenters building at the corner of 4th and Armstrong. Signed Leonard Ross. (Council had no objection). 14. Memorandu'1l from the Planning and Zoning Cormnission dated 8/10/72 recormnending (1) that recreational trailers be permitted in the Marina Subdivision from April 15th through October 15th each year and that businesses with "unique" problems be required to have a permit for use of trailers under those circumstances. Clmr. Hulm, seconded by Clmr. Hill, moved to approve Recormnendation No. 1. Passed unanimously. 2. that the Jesse Lee Home be boarded up around the ground floor. 3. that the Forest Acres campground be expanded. 4. that Caines Head be nominated for a road project under the Local Service Roads and Trails program and 5. that Nash Road be recormnended for paving in the near futute. Clmr. Hulm, seconded by Clmr. Crisp, moved to approve Recormnendation 2 thru 5 inclusive. Passed unanimoulsy. Item 7 - Citizen's Discussion and Public Hearings: 1. flJr. Joe Fallon, Arctic Electric, reported on the status of the Harbor Electrical work and the letter from the City Attorney directing that wages had to be paid directly to Fallon's employees. Fallon reported that the work was pro- " ' ) ';)iG Volwne 15 Page 90 REGULAR !1EETING OF AUGUST 14, 1972 REGULAR MEETING OF AUGUST 28, 1972 gressing and that the difficulties he had encountered would not result in any additional expenses to the City. 2. Mr. John Durkin questioned the fact that the East 1/2 of Lot 12 was still in the estate of O. R. Bertosen and objected to the assignment of the lease to Seward Fisheries. Mr. Durkin also questioned the $450.00 retained by the City as liquidated damages for Suddath's failure to complete the lease papers withing the required time period. No action was taken by Council an these questions. Item 8 - Council Disussion: 1. Review of Electric Rates and Power Supply was postponed until the next Regular Meeting. 2. Review of preliminary street paving proposal: the City Manager reported that the project required approximately $50,000 per year from City funds to amortize the cost of the loan over initial eight year's of the amortizaition schedule and then in- creasing amounts on the prinicipal as other outstanding bonds were paid off. Based on this fact the City Manager recommended a two to four year delay in the consideration of the paving project. Council continued the discussion and arrived at the conclussion that a 2% sales tax could provide the financial resorces to pay for the project. Council indicated that the voters should decide the question. 3. Mayor Richardson reported on a Japanese group called "Alaska-Holi" which has expressed interest in the Jesse Lee Home structures for use as a youth Hostel. Mr. Hideo Shimizu, President, of Alaska-Holi was introduced. No action was taken by council 4. Clmr. Hill reported on the conditions of some of the ruptured cells at the Forth Avenue Dock and suggested that the conditions there represent a hazard to some of the vessels using the faculity. 5. Clmr. Hulm re- ported that he read the Review of Electric Rates and Power Supply as sub- metted by R. W. Beck and Associates and that he agrees with the majority of the recommendations made. . Item 9 - Resolutions, Ordinances, and Other Action Items: 1. Resolution No. 861, a Resolutaion (see attached), providing for the rejection of Chapter 113, Laws of Alaska 1972, relating to wages, hours and working conditions. Clmr. Vincent, seconded by Clmr. McCloud, moved to apnrve Resolution No. 861. Clmrs. Crisp, Hill and Hulm - "no" Clmrs. Vincent, McCloud and Mayor Richardson - "yes". Motion fails. Item 10 - Report of the Borough Assemblymen: 1. Clmr. Hulm reported that the Revenue picture Borough-wide looked good for the year, that Resolution 72-15R relating to the Planning and Zoning powers for First Class Cities was introduced, and that Resolution 72-16R relating to cigarette taxation had been adopted. Item 11 - Adj ournment : Clmr. Hill moved to adj ourn. Mayor Richardson adjourned the meeting at 11:22 P.M. ,~j';A~0 , . F. 'chardson Mayor REGULAR MEETING OF AUGUST 28, 1972 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for August 29, 1972, was called to Order by Mayor Richardson at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. Vincent. Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. Vincent, Crisp and Hulm. Clmrs. McCloud and Hill were absent. Clmr. McAnerney was excused absent. Item 4 - The City Manager reported (1) that nominating petitions for vacancies on the City Council were now available and that the deadline returning the petition was Monday, September 18, 1972, at 5:00 P.M. (2) that the City Manager would meet with officials of Chugach Election Association in Anchorage Thursday and invite them to attend a work session with the City Council early in September and (3) that the Police Department arrest activity report I I I 91 Volume 15 Page 91 REGULAR MEETING OF AUGUST 28, 1972 for the year ended June 30th, 1972, indicated a total number of arrests of 599. Item 5 - Communications: 1. Letter dated 8/24/72 from Chugach Electric Association suggesting possible alternatives to provide for load increases required by the Seward distribution system. Alternate No. 1 had an es- timated cost of $208,162.00 and Alternatine No.2 was estimated at $126,548.00. Signed James D. Bumgardner, Manager, Division of Operations. 2. Letter dated 8/17/72 from Seward Chamber of Commerce reporting that the Fourth of July activity expenses were $3,478.62 and that no profit was realized from the event. Signed Sol J. Urie, Treasurer. 3. Letter dated 8/22/72 from Depart- ment of Highways advising that the City was authorized to expend $50,000.00 on the Resurrection Road Project. Signed Jack M. Spake, District Engineer. 4. News release dated 8/28/72 from Chief of Police reporting that after October 9th, 1972, it will no longer be a criminal violation to appear in public in an intoxicated condition. 5. Notice dated Aug. 9, 1972 from America Home Assurance Company, that the Police Professional Liablility Policy has been cancelled. Signed Robert Patter. Item 6 - Citizens Discussion and Public Hearings: 1. Discussion on proposed paving project. r~. Herman Leirer stated he was not in favor of a 2% sales tax for this purpose and indicated he favored a special assement program to pay for proposed paying work. Mr. Norman Waggy reported he was in agreement with Mr. Leirer and added that he felt this sales tax won't help the town. 2. Mr. J OIm Durkin warned the Council of economic blaclanail being used by Seward Fisheries and told Council they will have to live with blaclanail tatics. Item 7 - Council Disucssion: 1. Clmr. Hulm, seconded by Clmr. Vincent, moved to instruct the City Attorney to foreclose on the Seward Ship's Chandlery lease of Lot 13, Seward Small Boat Harbor Industrial Subdivision. Passed unaniJllOusly. 2. Clmr. Vincent, seconded by Clmr. Hulm, moved to hold Local Service Roads and Trails monies for another year before selecting a project plan. Passed unanimously. 3. Clmr. Vincent reported that Kenai Lumber was allowing logs to escape and that they created a hazard to local boaters. Item 8> ResolutiorL."i, Ordinances and Other Action Items: 1. Resolution 1]0. 862, (see attached), a Resolution approving the submission to the voters of Proposition No.1, supporitng the establishment of a 2% sales tax to finance street paving. Clmr. Hulm, seconded by Clmr. Crisp, moved to table Resolution No. 862. Passed unanimously. 2. Resolution No. 863, (see attached)" a Resolution relating to planning, platting and zoning powers for first class cities. Clmr. Vincent, seconded by Clmr. Crisp moved to approve Resolution No. 863. Passed unanimously. Item 9 - R.eport of the Borough Assemblymen: 1. Clmr. Hulm reported that Ordinance 71-21, the Borough Planning and Zoning Ordinance would be on the Borough Agenda to assess public reaction to the proposed law, that the assembly had chosen not to allow the sale of intoxication liquor on election day during the time the polls are open and that an ordinance to this effect will be on the next Borough agenda and that the Borough assembly had app- roved $105,000.00 to repair the Homer School roof pending settlement of a suit against the contractor. Item 10 - Adjourrunent: Clmr. Vincent moved to adjourn. Mayor Richardson adjourned the Meeting at 9:04 P.M. ~~ ' ~, f A,JA.~~~ R. F. Rich dson Mayor "0 .c' / , ..' Volume 15 Page 92 REGULAR MEETING OF SEPTEMBER 11, 1972 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for September 11, 1972, was called to Order by Mayor Richardson at 7: 30 P. M. Item 2 - The Opening Ceremony was led by Clmr. McAnerney. Item 3 - Roll was called and McAnerney, Vincent and HulIn. Crisp were absent. those presnet were Mayor Richardson, Clmrs. Clmr. Hill arrived late. Clmrs. McCloud and Item 4 - A correction was noted in the Minutes for August 14, 1972 (page 90). In Item 10, line 4, change the word "introduced" to "adopted". Clmr. McAnerney, seconded by Clmr. Vincent moved to approve the Minutes qs; corrected from the bottom one-fifth of Page 88 through the top four- fifth's of Page 91 (Regular Meetings of August lLJ and 2CJ, 19'(2). Passed unanimously. Item 5 - City Manager's Report: The City Manager reported (1) that thirteen nominating petitions had been taken out, four had been returned and nine were still out; (2) that the Administration requested authority to demolish the old Hospital Building in a cooperative venture with the National Guard. Clmr. McAnerney, seconded by Clmr. HulIn, moved to authorize the demolition of the old Hospital. Passed unanimously; (3) that the Mayor and the City Manager would attend an Economic Development Administration Meeting at Wildwood on August 12th. Item 6 - Communications: 1. Letter dated 9/5/72 from Conifer of Alaska reporting that the Company still intends to build late in the fall. Signed Frank Irick. 2. Letter dated 8/29/72 from State Division of Lands notifying the City that it will prepare State selection of Alaska Railroad Parcels 7,19 and 21. Signed Kenneth H. Hallback, Chief, Land Section. 3. Letter dated 9/7/72 from Seward Chamber of Commerce reporting that the Chamber had voted against a two per cent sales tax to finance paving. Signed Jim Woern, 1st Vice-President. 4. Letter dated 9/6/72 from "Alaska-Holic" reporting that their group carmot raise adequate funds to rehabilate the buildings formerly occupied by the Jesse Lee Home in Seward. Signed Hideo Shimizu, President. Item 7 - Citizen's Discussion and Public Hearings: 1. Mr. James Cameron, Alaska State Employees Association, requested recognition as the repre- sentative agent for the City's classified employees. Clmr. HUlm .seconded by Clmr. McAnerney, moved to recognize Alaska State Employees Association as the representative agent for the City's classified employee's. Passed unanimously. Item 8 - Council Discussion: 1. Coast Guard Property Purchase: The City Manager read a letter from Corrmander John H. Byrd, Jr. dated 8/28/72, wherein it was reported that the United States could not enter into a reversionary agreement unless clearly authorized by Congress. Discussion followed and Council directed the administration to discuss the matter with the City Attorney. 2. Clmr. Vincent suggested that hitchhiking be prohibited inside the City limits. Discussion followed. Clmr. Vincent moved, seconded by Clmr. HulIn, to direct the City Manager to draft an anti-hitchhiking Ordinance. Motiton passed with Clmr. McAnerney voting "no". 3. Mayor Richardson asked Council consent to postpone the Regular Meeting of October 9 one week. Council had no objection but suggested that the meeting be started at 8:00 P. M. Clmr. Hill arrives at this time. Item 9 - Resolution, Ordinances and other Action Items: 1. Resolution No. 862, amended (see attached), a Resolution approving submission to the voters of Proposition No. 1 relating to the establishment of a 2% sales tax for paving selected streets. Clmr. HulIn, seconded by Clmr. Hill, moved to adopt Resolution No. 862, amended. Clmr. McAnerney and Vincent "no". Clmrs. HulIn Hill and Ma or Richardson" es". Motion failed. 2. Resolution No. 64 (see attached), a Resolution relating to the renaming of Iron Mountain to Benson Mountain in honor of Benny Benson, designer of Alaska's flag. Clmr. HulIn, seconded by Clmr. Vincent, moved to adopt Resolution No. 864. Passed unanimous ly . 3. Ordinance No. 389 (see attached) an Ordinance amending portions of Chapter 8 of the Seward Code relating to Election Judges and Voter qualifications. The City Manager read Ordinance No. 389 in full., Clmr. Hill, seconded by Clmr. Vincent, moved to adopt Ordinance No. 389 under emergency passage. Passed unanimously. 4. Clmr. McAnerney, seconded by I I I ATTACHED TO AND MADE A PAPT OF ~HE MINVTES OF THE SE,vAPD CITY COUNCIL voy/S - pa~~92 ,-/ ~/ //~, --- " ,(.. / .. ~ ~ ....... {James R. Filip, RESOLUTION NO. 862, AMENDED City Clerk-Treasurer BE IT RESOLV~Dt that the following proposition be submitted to the voters on October 3, 1972: PROPOSITION NO. 1 Shall the City of Seward, Alaska. establish a two per cent(2%) sales tax for the purpose of incurring indebtedness and issuing its General Obligation Bonds in an amount not to exceed $850,000.00 for the paving of selected streets within the City Limits, said sales tax to ex- pire when all outstanding paving bonds of this issue are redeemed. PROPOSITION NO. 1 YES NO CJ LI PASSED AND APPROVED by the City Council of the City of Seward, Alaska. this day of September, 1972. ATTEST: R. F. Richarason. Mayor James R. Filip, City Clerk-Treasurer I I I (10 ,.1 , ) Volwne 15 Page 93 REGULAR I~ETING OF SEPTEMBER 11, 1972 REGULAR MEETING OF SEPTEMBER 25, 1972 Clmr. Hill, moved to approve assignment of leases and licenses from Petersburg Fisheries, Inc. to Seward Fisheries, a joint venture composed of Petersburg Fisheries, Inc. and Viking Seafoods Company, Inc. subject to approval of the City Attorney. Passed unanimously. Item 10 - Report of the Borough Assemblymen: 1. Clrnr. Hulm reDorted that the next Borough Assembly Meeting would be held in Seldovia on September 30th. Item 11 - Adjournment: Clrnr. McAnerney moved to adjourn. Mayor Richardson adjoruned the Meeting at 9:37 P.M. ~./.r>; (I' . . ( . . ames R. Filip ~; city Clerk-Treasurer / ~ co, ~ . F. . ardson Mayor Regular Meeting of September 25, 1972 Item 1 - 'l'he Regular Meeting of the Comnon Council of the City of Seward, Alaska, for September 25, 1972, was called to Order by Mayor Richardson at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clrnr. McCloud. Item 3 - Roll was called and those present were Mayor Richadson, Clrnrs. McCloud, Crisp, McAnerney, Vincent and Hulm. Clrnr. Hill arrived late. Item 4 - CL'lTI'. Hulm, seconded by Clrnr. Crisp, moved to approve the liIinutes as presented from the bottom one/fifth of Page 91 through the top one/fourth of Page 93 (Regular Meeting of September 11, 1972). Passed unanimously. Item 5 - The City Manager noted that this was the last regular Council meeting before the election next Tuesday and thanked members of the Council for their interest and dedication in overseeing the affairs of the municipality during the past year. The Council decided to hold the Special Meeting to canvass the election returns at 4:30 P.M. on Wednesday, October 4, 1972, in the Council Chambers. Successful candidates for City Office will be sworn-in at the post- poned regular meeting scheduled for Tuesday, October 17, 1972 at 7:30 P.M. in the Council Chambers. The public is invited to attend. Item 6 - Comnunications: 1. Letter dated 9/19/72 from James F. Jackson and Associates, Inc., indicating that the American Home Assurance Company would not reinstate the City's Police Professional Liability Insurance policy. Signed James F. Jackson III, President. 2. Letter dated 9/15/72 from Alaska State Housing Authority reporting that a development proposal had been received from Richard Beissner, d/b/a Alaska BUilder's, Inc., for the construction of 10 frame four-plexes to be built on Lot 3, Block 5, Oceanview Subdivision. Signed Garrett W. Waldner, Director of Urban Renewal. 3. Letter dated 9/18/72 from State Department of Econo~c Development transmitting a State warrant for $1,000.00 for use in preparing a display for the City's anchor on a 50-50 matching fund basis. Signed Irene E. Ryan, Corrmissioner. Item 7 - Citizens Discussion and Public Hearings: 1. Mr. Gene Thorn requested that the City Council consider legislation which would permit the sale of liquor in the Comnunity during the time the Election polls are open. Clmr. Vincent and Mayor Richardson noted that an ordinance was necessary and that even if it were approved, the effective date would not fall until after the November 7th election. Clrnr. McCloud, seconded by Clmr. Vincent, moved to authorize preparation of an ordinance which would allow the sale of liquor in the comnunity during the time the election polls are open. Passed unanimously. Clrnr. Hill arrived at this time. 2. Mr. Jim Woern, Seward Chamber of Comnerce reported that the Chamber desires to give the City of Seward $7,000.00 for the purpose of purchasing Seward-Moose Pass Comnunity Television from its present owner, !l1r'. Bruce Tornberg. rlJr. Woern pointed out that the Chamber had been negotiating with KIMO (Channel 13) and that work would proceed in the immediate future to install the equipment for operation late this year. Woern stated (-" " ~IL Volwne 15 Page 94 REGULAR MEETING OF SEPTEMBER 25, 1972 SPECIAL MEETING - OCTOBER 4, 1972 . the Chamber would assist the City in ralslng funds to maintain the units if additional monies were required. Clmr. McAnerney, seconded by Clmr. McCloud, moved to accept the offer of the Chamber of Commerce and to proceed with the purchase of the lease, license and equipment currently operated by Bruce Tornberg as Seward-Moose Pass Community Television. Passed unanimoulsy. 3. Mr. John Durkin noted that the City had provided incentive to construct a multi-product plant handling seafoods in the community for the small fisherman and as a re- sult the plant "will dicate to you". Item 8 - Council Discussion: 1. Clmr. Crisp inquired about what could be done to keep motorcycles from ruining the Grade School track. Clmr. HulIn suggested that the Advisory School Board be approached regarding the possibility of a fence. 2. Clmr. Vincent reported that the City Dump was in a deplorable condition and Vincent also noted that our water supply problem would be critical this winter if water resorces were wasted. Item 9 - Resolutions, Ordinances and other Action items: 1. Mr. Joe Fallon d/b/a Arctic Electric requested an extension in his Harbor Electrical contract to permit a completion date of May 1, 1973. Mr. John Clark, Resident EngiI1eer, recommended that the once-extended contract completion date of October 1, 1972, be observed and noted that the original completion date had been June 30 of this year. Mr. Fallon explained his position had been altered by shipping delays, shipping damage, errors in the drawings and contract docwnents as well as labor problems. Clark explained that these aspects of the job would be considered and adjusted following the completion of the job and computation of penalty time. Penalty time, explained Clark, is the $200.00 per day charged against the contractor as liquidated damages for failure to complete the job on time. The penalty time and damages are settled at the conclussion of the job and do not mean that the contractor would be assessed in the full amount due. Clmr. HulIn, seconded by Clmr. Hill~ moved to accept the recommendation of the Resident Engineer and keep the Harbor Electrical Contract completion date at October 1, 1972. Clmrs. Hill, McCloud, McAnerney , Vincent and HulIn - yes. Clmr. Crisp and Mayor Richardson - No. Motion passes. Item 10 - Clmr. Vincent requested an Executive Session to discuss a personnel matter in the City. Mayor Richardson recessed the meeting and called the Executive Session to Order at 10:02 P.M. Mayor Richardson reconvened the Regular Meeting at 10:30 P.M. There being no further business to bring before the Council, Clmr. HulIn moved to adjourn. Mayor Richardson adjourned the Meeting at 10:32 P.M. ~~v , . F. lchardson Mayor SPECIAL !1EETING - OCTOBER 4, 1972 Item 1 - The Special Meeting of the Common Council of the City of Seward, Alaska, for October 4, 1972, was called to Order by Vice-Mayor McAnerney at 4:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. HulIn. Item 3 - Roll was called and those present were Vice-Mayor McAnerney, Clmrs. HulIn, McCloud and Vincent. Clmrs. Hill and Crisp arrived late. Mayor Richardson was excused. Item 4 - Canvass of the General Municipal Election of October 3, 1972. Election materials for Precinct No. 1 were displayed to the members of the Canvassing Board. Members of the Board reviewed the tally books. Clmr. Crisp arrived at this time. Election materials for Precinct No. 2 were displayed to the members of the Canvassing Board. Clmr. Hill arrived at this time. Members of the Board reviewed the tally books and noted that the Election Clerks had carried an additional 10 votes for each of the candidates running. The Canvassing Board corrected the talley accordingly. The Canvass Board reviewed the challenged ballots and heard testimony from the Election I I I 95 Volume 15 Page 95 SPECIAL MEETING - OCTOBER 4, 1972 POSTPONED REGULAR MEETING OF OCTOBER 17, 1972 workers present. Clmr. Hulm, seconded by Clmr. McCloud, moved to count the challenged ballots from Robert J. Lutz, Charlotte Cordova, Josephine Davenport, and David P. Hatch. Passed unanimously. Clmr. Vincent, seconded by Clmr. McCloud moved to uphold the challenged ballot of David G. Harris. The Canvassing Board proceeded to open the absentee ballots and the accepted challenged ballots shuffling them to preserve the secrecy of the vote. The ballots were then opened and the results of the count is as follows. For Council - Two Year Term Absentee & Precinct No. 1 Precinct No. 2 Challenged Total J. B. "Joe" Carter 78 99 10 187 Emmitt L. Hill 133 140 12 285 Bernard C. Hulm 93 115 12 220 Pamela F. Oldow 82 94 10 186 Roy W. Starr 28 20 1 49 VJm. C. Vincent 100 145 12 257 Write - In Candidates Linda Starr 1 1 0 2 Thomas Johnson 1 1 0 2 James L. Thomas 1 1 0 2 Bob Richie 1 1 0 2 Gary Lueck 0 1 0 1 Jim Thomas 0 1 0 1 For COli.l'1cil - One Year Term Absentee & Precinct No.1 Precinct No. 2 Challengd Total Marvin E. Crisp 91 94 8 193 Frank Dieckgraeff 42 85 8 135 Phil Lee 38 25 5 68 Clmr. McCloud seconded by Clmr. Vincent moved to certify the results of the canvass and to declare Emmitt L. Hill, VJm. C. Vincent, Bernard C. Hulm and Marvin E. Crisp as duly elected members of the City Council. Passed un- animously. There being no fUrther business to come before the Canvassing Board, Clmr. Vincent moved to adjourn. Vice-Mayor McAnerney adjourned the meeting at 5:29 P.M. Lee IVJcAnerney Vice-Mayor POSTPONED REGULAR MEETING OF OCTOBER 17, 1972 Item 1 - The Postponed Regular Meeting of the Common Council of the City of Seward, Alaska, for October 17, 1972 was called to Order by Mayor Richardson at 7:30 P. M. Item 2 - The Opening Ceremony was led by Clmr. Hulm. Item 3 - Roll was called and those present were Mayo]" Richardson, Clmr's Hulm, Vincent, Crisp and McAnerney. Clmr. Hill arrived late and Cl1nr. McCloud was absent. Item 4 - A correction on PaEe 94 of the Minutes was noted. On the last line of the first paragraph the quotation reads "will dictate to you". A correction on Page 95 of the Minutes was noted. On the fourth line of the first para- graph after the word "Harris." insert the words "Passed unanimously." Clmr. McAnerney, seconded by Clmr. Crisp, moved to approve the Minutes as corrected from the bottom three/fourth's of Page 93 through the top two/third's of Page 95 (Regular Meeting of September 25 and Special Meeting of October 4,1972). Passed unanimously. ~c Volume 15 Page 96 POSTPONED REGULAR MEETING OF OCTOBER 17, 1972 Item 5 - Councilmembers elect Bernard C. Hulm, WIn. C. Vincent and Marvin E. Crisp were sworn into office by the City Clerk-Treasurer. Mayor Richardson presented each Councilmember sworn-in with a Certificate of Election. Item 6 - Roll of the new Council was called and those present were Mayor Richardson, Clmr' s Hulm, Vincent, Crisp and McAnerney. Clmr. Hill arrived late and Clmr. McCloud was absent. Item 7 - City Manager's Report: 1. The City Manager reported that the Sternman dwelling on 5th Avenue had been torn down as a Public Nuisance with the cost of abatement totaling $912.32. Clmr. McAnerney, seconded by Clmr. Hulm , moved to notify the property owner to pay the amount due by December 1st, 1972 and if not paid by that date, place the abatement cost as an assessment against the property. Passed unan:imously. Clmr. Hill arrived at this t:ime, was sworn into office by the City Clerk-Treasurer and was presented with a Certificate of Election by Mayor Richardson. 2. The City Manager requested the following additions to the Agenda if there was no objections: 10-2 Bid Award - 1973 Sedan; 10-3 Approval of liquor license transfer from E. G. Stetson to Patricia Ann Bailey. No objection. 3. The City Manager reported that the local National Guard Unit had volunteered to do local Community service projects and that Council was requested to select a project for action later in the year. 4. The City Manager reported a conflict with the regularly scheduled meeting due to the holiday and the annual Alaska Municipal League meeting next week. Without objection, Council agreed to hold a work session on October 30th and the next regular meeting on November 13th, 1972. Item 8 - Communications: 1. Letter dated 10/16/72 from Alaska District Corps of Engineers reporting on the flood hazard statement for the proposed sewage treatment plant location. Signed Warren George, Chief, Engineering Division. 2. Letter dated 10/6/72 from State Office of Aging reporting that no funds have yet been released for the Nutrition Program for the Elderly. Signed Vernon L. Perry, Acting Coordinator. 3. Letter dated 10/10/72 from KIMO Television reporting on their agreement with the Seward Chamber of Commerce regarding the installation of the television translator for bringing their signal into Seward. Signed Carl A. Bracale, President. 4. Letter dated 10/10/72 from the Alaska Skill Center requesting the City to assist in the development of a plan to relocate the Center's mechanical training program. Signed Robert Booher, Project Director. Discussion followed. Clmr. McAnerney, seconded by Clmr. Hulm, moved to authorize the City Manager to proceed with an application to the Economic Development Administration for a loan and grant for the purpose of constructing; a large shop building. Passed unan:imously. 5. Clmr. Hulm, seconded by Clmr. McAnerney, moved to approve the recommendation of the Planning; and Zoning; Advisiory Commission to permit the trailer office at the Silver Salmon Cache to stay until April 15, 1973. Passed unan:imously. Item 9 - Citizen's Discussion and Public Hearings: 1. Mr. Wayne Heinbaugh reported that the alley behind his dwelling on Sixth was subject to flooding and needed attention. 2. Rev. Victor Van Ravenswaay stated he was opposed to Ordinance No. 390. 3. Mrs. Elizabeth Mahan reported on her trip to Obihiro with JVlayor and Mrs. Richardson. 4. Mayor Richardson reported on the Obihiro visitation and presented to the City on behalf of the Mayor and City of Obihiro, a large painted Japanese vase. Item 10 - Ordinances, Resolutions and other Action items: 1. Ordinance No. 390, (see attached) an Ordinance creating Section 3-15 of the Seward Code of Ordinances allowing the sale of alcoholic beverages on Election days. First reading. The City Manager read Ordinance No. 390 in full. Clmr. McAnerney, seconded by Clmr. Vincent, moved to approve Ordinance No. 390 and advance it from first to second reading. Motion passed with Mayor Richardson voting "no". 2. The City Manager read the bids submitted for the purchase of a 1973 sedan for the Police Department,the bids were as follows: Friendly Ford - $3,945.89; Anchorage Chrysler Center - $3,835.95; Bay's Car Sales - $4,444.52. The City Manager recommended that the low bid sub- mitted by Anchorage Chrysler Center be accepted. Clmr. McAnerney, seconded by Clmr. Hill, moved to award the bid to Anchorage Chrysler Center. Passed unan:imoulsy. Clmr. McAnerney left at this t:ime. 3. Approval of liquor license transfer from E. G. Stetson dba Yukon Bar to Patricia Ann Bailey dba Yukon Bar. Clmr. Vincent, seconded by Clmr. Crisp moved to apporve the liquor license transfer. Passed unan:imously. I I I ~7 Volume 15 Page 97 POSTPONED REGULAR f1EETING OF OCTOBER 17, 1972 REGULAR MEETING OF NOVEMBER 13, 1972 Item 11 - Council Discussion: 1. Clmr. Crisp inquired about the possibility of providing TV to Nash Road. It was brought out that a cable system would be needed and that the estimated cost for such an installation would be approximately $1,500.00. Council discussed the City's entry into the television translator oDe rat ion and possible methods of financing the expense of operating the unit. Clmr. Hill, seconded by Clmr. Hulm, moved to authorize submission of a tariff revision to the Public Utilities Commission which would permit a $2.00 monthly charge on electric utility accounts carried by the City's utility system. Passed unanimously. 2. Clmr. Vincent reported that the operation of Kenai Lumber Company was a source of pollution during high tides and Council was of the opinion that the Alaska Railroad, owner of the property in question should be notified of the hazard along with the State Environmental Protection Agency. Item 12 - Report of the Borough Assemblymen: 1. Cll'lI'. Hulm reported that the Borou&~ Assembly had held there last meeting in Soldotna on October 10th that Stan Thompson was sworn into office as Borough "'!ayor, that the Finance Director had submitted the audit report for the Borough and that the Assembly had certified the results of the October 3, 1972, Borough election. Item 13 - Adjournment: Clmr. Crisp moved to adjourn. Mayor Richardson adjourned the meeting at 10:30 P.f1. ~ ~).~/, fames R. Filip ~~ City Clerk-Treasurer ~ ~~~J . F. R" rdson Mayor REGULAR MEETING OF NOVEMBER 13, 1972 Item 1 - The Regular Meeting of the Corrrrnon Council of the City of Seward, Alaska, for November 13, 1972, was called to Order by Mayor Richardson at 7:30 P. M. Item 2 - The Opening Ceremony was led by Clmr. McAnerney. Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. McAnerney, Hill, Vincent, Hulm and McCloud. Clmr. Crisp was absent. Item 4 - Clmr. Hill, seconded by Clmr. McAnerney, moved to approve the Minutes as presented from the bottom one/third of Page 95 through the top one/half of Page 97 (Regular Meeting of October ~7, 1972). Passed unanimously. Item 5 - City Manager's Report: The City Manager reported (1) that the final inspection on the Wharf project was conducted on October 30th, 1972, and that no major deficienies were noted; (2) that the final inspection on the Harbor electrical system was conducted on November 13th, 1972, and that no maj or deficiencies were noted even though the boxes had to be rewired at the jobsite and this rewiring had led to some loss of flexibility in the system;(3) that the City had been requested by the Mayor of St. Paul to accept a City Manager candidate for six months of in-service training if the Council had no objection (no objection); and (4) that a Proclamation had been prepared in observance of Armistice Day (see attached). Item 6- Corrrrnunications: 1. Letter dated 11/9/72 from Economic Development Administration suggesting that the City secure assurances from the State for operating fund monies for the proposed large shop project for the Skill Center. Signed Clyde S. Courtnage, Economic Development Representative. 2. Letter dated 10/20/72 from Seward Chamber of Comrr~rce reporting a profit of $21,535.88 for the 1972 Silver Salmon Derby. Signed Sol J. Urie, Treasurer. 3. Letter dated 11/2/72 from Alaska District, Corps of Engineers, reporting that the Boat Harbor basin rehabilitation has been completed. Signed A. C. Mathews, District Engineer. 4. Letter aated 10/31/72 from Hughes, Thorness, Lowe, Gantz and Clark reporting that the pretrial con- ference in Tom Smith vs. City of Seward et al has been scheduled for December 4, 1972. Signed Kenneth P. Jacobus. 5. Letter dated 10/25/72 from Alaska ('\ c"'- ~I '"") L '- Volwne 15 Page 98 REGULAR MEErING OF NOVEMBER 13, 1972 State Housing Authority reporting that Tract A, Block 3, Oceanview Subdivision had been sold to Conifer Development, Inc. Signed Garrett W. Waldner, Director of Urban Renewal. 6. Letter dated 11/1/72 from Lounsbury and Assocites reporting on the Post Construction Conference for the wharf project and establishing the net amount due the contractor at $288,136.60. Signed John R. Clark, Resident Engineer. 7. Letter dated 11/1/72 from Lounsbury and Associates to Christianson Construction Company reporting that dips in the asphalt paving on the wharf had been allowed to form and now needed to be filled in. Signed Loren H. Lounsbury. 8. Letter dated 10/24/72 from the United States Coast Guard to Hughes, Thorsness, Lowe, Gantz and Clark agreeing to enter into an option to purchase the Jesse Lee property based on a definite committment to build housing units. Signed John H. Byrd, Jr. Legal Officer. 9. Letter dated 11/6/72 from Arctic Electric requesting refund of monies paid for lots 6, 7, and 8, Jesse Lee Heights Subdivision; and requesting payment of the portion of contract money for the Harbor electrical work which was withheld under the "Right to work residency law." The City Manager suggested that the refund could be made for the lots but that accured interest to date should be withheld along with $100.00 to cover the City's expenses in cancelling the transaction. The City Manager reported that he had requested an opinion from the City Attorney on the Contract monies that had been withheld but no answer has yet been received. Clmr. Hill, seconded by Clmr. McCloud, moved to authorize the refund less accured interest to date and $100.00 for expenses. Motion passed with Clmr. McAnerney voting "No." Item 7 - Citizen's Disucssion and Public Hearings: 1. Public Hearing on Ordinance No. 390, an Ordiance allowing the sale of alcoholic beverages on Election Days. Mayor Richardson opened the Public Hearing. Mr. Gerritt Hoogland objected to the proposed ordinance and stated there was "no need to change". There being no further corrment from the spectators present, Mayor Richardson closed the Public Hearing. 2. An unidentified group spoke briefly about the power supply problem at Wiskey Hollow (Mosquito Flat's) and reported that the power was inadequate to service existing homes. Mayor Richardson told the group that the problem would be in- vestigated. Item 8 - Council Discussion: 1. Youth Center Proposal. The Youth Center Proposal suggested by Fletcher Thorne was presented for information and no action was taken. 2. Clmr. Vincent reported that he had heard that ATZ Travel may be interested in the Jesse Lee Home. The City Manager reported that correspondence had been exchanged but that nothing further had developed. 3. Clmr. McAnerney reported that she had been the recipient of a letter from Otto Skal suggesting the City include self-addressed envelopes with the utility statements. No action was taken. 4. Clmr. Hulm reported he was in favor of the National Guard unit working on a skating rink at the Grade School (no objections). 5. Clmr. Hulm reported that the City should investigate the possibliity of getting higher interest rates for monies on deposit which are not immediately needed by the municipality. 6. Clmr. Hulm reported that the Borough had provided for continuity of office for Assembly delegates from City Councils and was of the opinion that Item 9-4 should be omitted. Hearing no objection from Council item 9-4 was deleted by corrmon consent. Item 9 - Resolution, Ordinances and other Action items: 1. Ordina~ce No. 390, (see page 96), an Ordinance creating Section 3-15 of the Seward Code of Ordinances allowing the sale of alcoholic beverages on Election Days. Second Reading. Clmr. McAnerney moved to approve Ordinance No. 390 on Second Reading and to advance it to third and final reading. Motion passed with Mayor Richardson voting "No". 2. Approval of liquor license renewals for J. H. and Esther Werner dba Yukon Liquor Stores. The City Manager reported that he had been requested by the Kenai Peninsula Borough that Solly's Lounge had not paid sales tax and as a result should be denied an approval. Without objection Solly's Lounge was added to the agenda. Clmr. McAnerney, seconded by Clmr. Hill, moved to approve the liquor license renewal for the Yukon Liquor Store and to approve Solly's Lounge subject to payment of all sales taxes due in full. Passed unanimously. 3. Clmr. Vincent, seconded by Clmr. McAnerney, moved to appoint Mr. Fred Wood to the Harbor Commission. Passed unanimously. 4. Deleted by corrmon consent. 5, 6, and 7, Assignments of lease for East and West ~ of Lot 12 and all of Lot 13 to Seward Fisheries from Roy E. Johnson, Juanita Bertoson and Yukon, Inc. Clmr. Hulm, seconded by Clmr. Hill, moved to apDrove Assignments of lease subject to payment of all taxes and lease fees due to date and the submission of a comprehensive plan for use of the lots in question no later than March 1, 1973. Passed unanimously. 8. Clmr. McAnerney, seconded by Clmr. McCloud, I I I Volume 15 0[) Page 99 REGULAR MEETING OF NOVEJ'iIBER 13, 1972 REGULAR MEETING OF NOVEMBER 27,1972 moved to approve the purchase of a sand spreader for Public Works. Passed unanimously. 9. Clmr. McAnerney, seconded by Clmr 'i]cCloud, moved to approve the purchase of a tractor for the Electric Department. Passed unanimously. Item 10 - Report of the Borough Assemblymen: 1. Clmr. HulIn reported that the Borough Assembly had met on October 31st and had passed an Ordinance appropriating funds for the continuation of the Public Employment Progr>am through the end of November. Clmr. HulIn also reported that Cooper had been elected President and Arness elected Vice-President of the Assembly. Item 11 - Adjournment: Clmr. Hill moved to adjourn. Mayor Richardson adjourned the Meeting at 9:31 P. M. ~f ~. I " .I ;:.</ _') J' es R. Filip-A ; l C~y Clerk-Treasurer ~- ;. ,/~~. . F. Ri dson Mayor REGULAR MEETING OF NOVEMBER 27, 1972 Item 1 - The Regular Meeting of the Corrmon Council of the City of Seward, Alaska, for November 27, 1972, was called to Order by Mayor Richardson at 7:31 P.M. Item 2 - The Opening Ceremony was led by Clmr. Vincent. Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. Vincent, Crisp, McAnerney, HulIn, McCloud and Hill. Item 4 - The City Manager requested the following additions to tonight's agenda: Item 8-2: Resolution No. 864, a Resolution relating to the Alaska Court Reform Bail System: Item 8-3: Resolution No. 265, a Resolution relating to the illegal use of drugs and requesting that emphasis be focused on the drug user; Item 8-4: Resolution No. 866, a Resolution relating to mandatory motor vehicle inspections; Item 8-5: Approval of pemit for Authorized Games of Chance and Skill for the Seward Women's Bowling Association. Council had no objection. Item 5 - Corrmunications: 1. Letter dated 11/16/72 from H. V. Lounsbury and Associates reporting on the conclusion of the Small Boat Harbor Electrical project. Signed Loren H. Lounsbury. 2. Letter dated 11/21/72 from Hughes, Thorsness, Lowe, Gantz and Clark reporting that it was the City council's descretion to make or withhold from Arctic Electric the funds which have been delayed because of the employment of non-residents on the job. Signed Kenneth P. Jacobus. Clmr. Crisp, seconded by Clmr. McCloud, moved to pay Arctic Electric 90% of the monies withheld. Clmr. Vincent, seconded by Clmr. Hulm, moved to amend the motion to 60%. Amendment passed with Mayor Richardson voting "no". The motion, as amended, passed unanimously. 3. Seward Fisheries requested Council authority to construct a ra~p from the wharf to their Fish House located on the South-East corner of Seward Fisheries lot. It was noted that the ramp would extend over a protion of the wharf Paving. Clmr. McCloud, seconded by Clmr. Vincent, moved to approve the request. Passed unanimously. Item 6 - Citizen's Discussion and Public Hearings: None Item 7 - Council Discussion: 1. Kenai Lumber Company - penalties for late payment of utility bills. The City Manager reported that penalties in the amount of $1,234.49 were now unpaid. Hugh Gellert requested Council to excuse the penalties. No action was taken by Council and the Admiin- stration will proceed to collect the unpaid penalties. 2. Mayor Richardson reported he was planning a trip to Juneau with Al Kawabe to discuss the Obihiro Moose transfer with the Department of Fish and Game and to visit Governor Egan. Council had no objection. 3. Clmr. Vincent noted that the dump was being filled with crab shells. 4. Clmr. HulIn noted that the approach to the Boat Lift Dock was hazardous because of the boat -"1 n(\ Volwne 15 Page 100 REGULAR MEETING OF NOVEMBER 27, 1972 REGULAR MEETING OF DECEMBER 11, 1972 "Summer Boy" and its location. Item 8 - Resolutions, Ordinances and other action times: 1. Ordinance No. 390 (see page 96), an Ordinance creating section 3-15 of the Seward Code of Ordinances allowing the sale of alcoholic beverages on Election days. Third reading and passage. Clmr. McCloud, seconded by Clmr. . McAnereny, moved to read Ordinance No. 390 by title only. Passed unanimously. The City Manager read Ordinance No. 390 by title only. Clmr. Hulm, seconded by Clmr. Hill, moved to adopt Ordinance No. 390. Motion passed with Mayor Richardson voting "no". 2. Resolution No. 864, (see attached), a Resolution relating to the Alaska Court Reform Bail System. Clmr. Vincent seconded by Clmr. Cris , moved to ap rove Resolution No. e64. Passed unanimously. 3. Resolution No. 5 see attached), a Resolution relating to the illegal use of drugs and requesting that emphasis be focused on the drug user. Clmr. Hulm seconded b Clmr. McCloud moved to a rove Resolution No. 865. Passed unanimously. . Resolution No. see attached), a Resolution relating to the need for mandatory motor vehicle inspeciton. Clmr. McCloud, seconded by Clmr. Vincent, moved to approve Resolution No. 866. Passed unanimously. 5. Clmr. Hill, seconded by Clmr. McAnerney, moved to approve the application for Authorized Games of Chance and Skill for the Seward Women's Bowling Association. Passed unanimously. Item 9 - Report of the Borough Assemblymen: 1. Clmr. Vincent reported that the Borough Assembly (1) had appointed Sam Best as the Borough Planner, (2) had discussed waste disposal on the Peninsula, and (3) had authorized the preparation of the deliquent tax roll for 1967. Item 10 - Adj ournment : Clmr. McAnerney moved to adj ourn. Mayor Richardson adjourned the Meeting at 8:36 P. M. /i 7 /)/1 I. I: ~j ,~/~' 1\, ~~- .fames R. Filip 1 VfJ { City Clerk-Treasurer ~. . / ,../~d~, . F. chardson Mayor REGULAR MEETING OF DECEMBER 11, 1972 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for December 11, 1972, was called to Order by Mayor Richardson at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. McAnerney. Item 3 - Roll was called and those present were Mayor Richardson, Clmrs. McAnerney, Vincent, Hulm, McCloud and Crisp. Clmr. Hill was absent. Item 4 - Clmr. McAnerney, seconded by Clmr. McCloud, moved to approve the Minutes as presented from the bottom one !half of Page 97 through the top one!half of Page 100 (Regular Meetings of November 13 and 27,1972). Passed unanimously. Item 5 - City Manager's Report: 1. The City Manager reported that the abatement of the public nuisance at 420 4th Avenue had cost $361.31 and the Manager recommended that the charges be assessed against the property. Mr. William Simpson, owner of the property involved, was present but did not speak regarding the recommendation. Clmr. McAnerney, seconded by Clmr. McCloud, moved to charge $361.31 as a special assement against the property. Passed unanimously. Mr. Simpson asked who had voted for this action and Mayor Richardson told Simpson that the vote was unanimous. 2. The City Manager requested addition of the following items to the agenda: Item 9-2 Resolution No. 867, a Resolution requesting regularly scheduled ferry service between Seward and Vancouver, B. C. via Valdez. Item 9-3 Bid Awards I. Tires, Tubes and Batteries; II. Petrolewn Products III. Vending Machines; IV. Towing. Item 9 - 4 Approval of Permit for Games of Chance and Skill for American Legion Post No.5. Cow1cil had no objection. 3. The City Manager noted that the Pre-legislative get- I I I 101 Page 101 Volume 15 REGULAR MEETING OF DECEMBER 11, 1972 together was scheduled for Wednesday, December 13th, and the audit work session was scheduled for Monday, December 18th; bOttl sessions to begin at 7: 30 P .]\1. in the Council Chambers. Item 6 - Communications: 1. Letter dated 12/11/72 f~om Office of Revenue Sharing, United States Treasury, transmitting the City's first Federal Revenue Sharing check in the amount of $16,594.00. Signed Edward A. Fox, Director. 2. Letter dated 11/29/72 from Department of Public Works transmitting a signed copy of the $2,500.00 grant agceement for the television translator system. Signed W. L. Riddle, Fiscal Officer. 3. Letter dated 12/7/72 from Hughes, Thorsness, Lowe, Gantz and Clark notifying the City that the trial date for Tom Smith vs. City of Seward et al is March 26,1973 and recommending against settlement of the suit for $7,500.00. Signed Kenneth P. Jacobus. Item 7 - Citizens' Discussion and Public Hearings: 1. Public Hearing on the proposed option to purchase real property by the United States Government for Tract A-I, Jesse Lee Heights Subdivision. Mayor Richardson opened the Public Hearing. Mr. Willard Dunham spoke in favor of the proposed option as the Coast Guard was a strong economic boost for the City. There being no one else present who desired to speak on th:i.s top:i.c, JVlayor R:i.chardson closed the Publ:i.c Hearing. 2. No one present des:i.rec to speak on other top:i.cs. Item 8 - Counc:i.l D:i.scuss:i.on: 1. Clmr. McAnerney requested a meeting be set up between the Council, the Ch:i.ef of Police, the Magistrate and the State Police. The time of the meeting was set for 9: 00 P. M., Monday, December 18, 1972, follow:i.ng the aud:i.t work sess:i.on. 2. Clmr. Hulm, seconded by Clmr. McCloud, moved to author:i.ze the reb:i.d of the Jesse Lee property. The CHy Manager asked for clar:i.ficat:i.on of the intent of the mot:i.on and :i.t was understood that the Admin:i.strat:i.on would establ:i.sh the b:i.d requ:i.rements. Mot:i.on passed unanimously. 3. Clmr. V:i.ncent asked for and rece:i.ved author:i.ty to have the Sen:i.or C:i.t:i.zen's Tax Exempt:i.on re- gulat:i.ons publ:i.shed :i.n the local paper. Item 9 - Resolut:i.ons, Ordinances and other Act:i.on Hems: 1. Approval of renewal of l:i.quor l:i.cense for Flamingo, Inc., dba the Flamingo Lounge. The C:i.ty Manager reported on numerous :i.nfract:i.ons of the law that had taken place :i.n and around the Flamingo Lounge after be:i.ng requestd to do so by the Counc:i.l. The C:i.ty Manager concluded h:i.s report w:i.th the re- commendat:i.on that the Flamingo LOill1ge license be suspended for 30 or 60 days. Clmr. Hulm, seconded by Clmr. V:i.ncent, moved to recommend suspens:i.on of the Flamingo's l:i.cense for th:i.rty (30) days. Passed unanimously. 2. Resolut:i.on No. 867 (see attached), a Resolut:i.on request:i.ng regularly scheduled ferry serv:i.ce between Seward and Vancouver, B. C. v:i.a Valdez. Clmr. McCloud, seconded by Clmr. Hulm <moved to approve Resolution No. 867. Passed unanimously. 3. B:i.d Awards: The City Manager recommended the fOllow:i.ng b:i.d awards be made: I. T:i.res, Tubes and Batter:i.es: T:i.res, Tubes - Marathon Fuel; Batter:i.es: Haye Enterpr:i.ses; II. Petroleum Pro- ducts: 50,000 gal. furance o:i.l and 200 gal. ant:i.-freeze - Harbor Fuel Serv:i.ce; all other :i.tems: Standard O:i.l Co. III. Vending Mach:i.ne: Lucky Vend:i.ng. rv. Tow:i.ng: Sa:i.ndon's Serv:i.ce. Clmr. McAnerney, seconded by Clmr. McCloud, moved to award the b:i.ds as recommended by the CHy Manager. Passed unanimously. 4. Clmr. V:i.ncent, seconded by Clmr. McAnerney, moved to approve the appl:i.cat:i.on for perm:i.t for l:i.censed games of Chance and Sk:i.ll for Amer:i.can Leg:i.on Post No.5. Passed unanimously. Item 10 - Report of the Borough Assemblymen: 1. Clmr. Hulm reported that the Borough Assembly had adopted Ord:i.nance 72-22 wh:i.ch l:i.mits the term of the Borough Mayor to two consecut:i.ve three-year terms and that the Assembly had adopted Ord:i.nance 70-20 amend:i.ng the personnel ordinance of the Borough. Item 11 - Adjournment: Clmr. McAnerney moved to adjourn. Mayor R:i.charson adjourned the meeting at 9:27 P.M. ~ ,J //)J F ~' J;aitles R. F:i.t:i.~' f7 aity Clerk-Treasurer ~. . J-.... ;'1 , ) CV1~~ . F. :i.c' dson Mayor - x X X X X X X X X X X X X X X X X X X X X X X X X X X X X X (\0 \ 1 L; END OF VOLuME 15 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x