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HomeMy WebLinkAbout1970 City Council Minutes 62 Vol ume 14 Regular Meeting of January 12, 1970 Page 62 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for January 12, 1970 was called to order by Mayor Ullom at 7:32P.M. Item 2 - The opening ceremony was led by Clmr. McCloud. Item 3 - Roll was called and those present were Mayor Ullom, Clmrs McCloud Skinner, Hulm, Hardy, Richarason, and Hoogland. Item 4 - Approval of Minutes: After "Passed unanimously'" add Clmr. Hulm, seconded by Clmr. ed. Passed unanimously. A correction was noted on Page 60, item 4. the sentence "Clmr. Hulm dissented on Item 10~ MCCloud, moved to approve the minutes as correct- Item 5 - City Manager's Report: The City Manager reported 1. that Cliff Schoen and Paul Finetti had been in the office to discuss the Jesse Lee Home properties: 2. that the City Attorney had recived word that the attorney for the Board of Missions for the Methodist Women had recommended the City be given a deed to the lots adjacent to and under the Northwest wing of the Home bu~~~ that it would take 6-8 months to clear the title to the property: 3. that foreclosures for non-payment had been initiated against Steve's Construction, Kester Dotts and Gerald Briggs: 4. that the bid for property in the Jesse Lee Heights subdivision submitted by Thomas C. Weiss had been rejected for failure to sign the necessary papers. 5. that the manager had met with E. D.'A. officials in Anohorage and that the City had been requested to expedite the application for funds for the wharf construct- ion project: 6. that contract specifications for the 4th Avenue Dock improvement had been received from the State of Alaska and 7. that the Manager requested Council approval of a vacation for himself from March 26, 1970 through April 17, 1970. No obiection. Item 6 - Communications: 1. Letter dated 12/29/69 from State Department of Xdministration transmitting a revenue sharing check in the amount of $15,087.00. Signed T. K. Downes, Commissioner. 2. Letter dated 1/9/70 from The Alaska Railroad answering the City's objection to a second rail- slip installation in Whittier signed John E. Manley, General Manager. 3. Letter dated 12/30/69 i;rom Economic Development ) Administration suggesting the City file an application for grant and loan assistance in connection with the proposed wharf extension project. Signed John H. Davidson, Chief, Public Works Division: 4. letter dated 1/10/70 from Cornells International Finders Research Services expressing continued interest in the Jesse Lee Home property, signed Elsie M. Cornell. 5. Letter dated 1/7/70 expressing interest in leasing City property, signed Benjamtn O. Walters, Sr.: 6. letter dated 1/5/70 requesting Council if there was objection to addi- tonal dormitory:units at the Alaska Skill Center site. Signed Pobert Booher, Project Director: (NO objection): 7. letter dated 1/5/70 from Alaska Skill Center requesting temporary approval to l,ocate one 500 gaa~on pr.opane tank on the City-owned lot adjacent to the Seward Bakery. Signed Duane Metcalf, Building Maintenance. (NO ob;ection.). Item 7 - Citizens' Discussion and Public Hearings: 1. Mr. Paul Finetti spoke in regard to the potentials of using the Jesse Lee Home for the purpose of rebuilding it internally for condominum-type apartments. Clmr. Hardy, seconded by Clmr. Richardson, moved to instruct the City Manager to place the Jesse Lee Home properties up for bid in approximately the next 30 days. Motion passed with Clmr. Hoogland dissenting. 2. Mr. Ralph Bailey presented questions to Council and the administration regarding the sale of the I.Q.F. equipment to Seward Fisheries. 3. Mr. Ben Suddath spoke in regard to the lease of lot 13 in the proposed Seward Municipal Small Boat Harbor Industrial Sub- division. No action taken. cq U,i vol ume 14 Regular Meeting of January 12, 1970 Page 63 Item 8 - Council Discussion: 1. Letter from Mr. Roy E. Johnson requesting to purchase land he had presently leased from the City. No action taken. 2. Disposition of the old Alaska Railroad Depot at the end of the 5th Avenue The City Manager reported that the Teen Center had relinquished the structure for lack of funds and that it might be possible to rent the building to I the state of Alaska. for use as a Marine Highway ticke~ office and warehouse. City Manager recommended a monthly rental of $250.00 with provision that a credit of up to~50.00 be given to the state for repairs of a permanent or semi-permanent nature. Clmr. Skinner, seconded by Clmr. Hulm, moved to approve the City Manaqer's recommendation. Passed unanimously. 3. Clmr. Hulm requested the City Manager to follow up on earlier letters to the Corps of Engineers regarding the saleof land in the Small Boat Harbor area and to write letters supporting the continuation of air travel tax exemptions to municipalities. Clmr. Hulm will work toward having a section of the 48" pipe installed in the 4th Avenue Park and supports prompt refund of prepaid sewer assessments, when funds are available. Clmr. Richardson indicated he felt that all harbor patrons, Army and Air Force included, should pay the full year slip rental to reserve space in the Harbor. Mayor Ullom appointed Clmr. Richardson to investigate land in Seward that might be used for recreational areas for children. Mayor Ullom asked Council to approve his writing the Legislative comments for the local newspaper. No ob;ection. Item 9 - Resolutions, Ordinances and othe Action Items: 1. Resolution Ny. 771 (see attached), a Resolution authorizing to sign checks, drafts, notes or orders against City of Seward Bank accounts. Clmr. Hardy, seconded IbY Clmr. McCloud, moved to approve Resolution No. 771. Motion passed with Clmr. Skinner abstaininq. 2. Clmr. Hardy, seconded by Clmr. Hooqland, moved to approve permits for licensed qames of skill and chance submitted by: a. ILWU, Local 60, b.Saored Heart Parish, c.Seward Chamber of Commerce, d. Pioneer of Alaska, Iqloo NO.9. Passed unanimously. 3. Clmr. Hoogland, seconded by Clmr. Skinner, moved to approve the lease (short form) submitted by the State of Alaska for Transit Shed No. 1 sub;ect to approval by the City Attorney. Passed unanimously. Item 10 - Report of the Borough Assemblymen: Clmr. Hardy reported 1. that the new Seward School was paying increased insurnace premiums because of a lac<<of fire hydrants in the immediate vicinity: 2. that sidewalks for the school would be installed in the spring, 3. that the gym floor will be re- finished by the contractor: 4. that the Borough now has major maintenance responsibility for all schools and 5. that the next Assembly meeting will be held in Seward on January 20,1970. Item 11 - Adjournment: Clmr. Skinner moved to adjourn. Mayor Ullom adjourned the meeting at 11:02 P. M. Li~.~ I~es R. Filip City Clerk-Treasurer ,d1~ WJ lLt!I~ William M. Ullom, Mayor Regular Meeting of January 26, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for January 26,1970 was called to order by Mayor Ullom at 7:32 P.M. Item 2 - The Opening Ceremony was led by Clmr. Hichardson Item 3 - Roll was called and those present were Mayor Ullom, Clmr"s Richardson, McCloud, Hardy, Skinner and Hulm. 64 Volume 14 Regular Meeting of January 26, 1970 Page 64 Item 4 - Clmr. !)ichardson, seconded by Clmr. McCloud, moved to approve the thFl thimu;ffidrom the top of page 62 through. the top three/fourth's of page 63 as presented. Passed unanimously. \~ Item 5 - City Manger's Report: The City Manager reported; (1) that the Jesse Lee Home Properties bid had been submitted for publications to the Seward Phoenix L'Og the Cook Inlet Courier, the Cheechako News, the Anchorage Time, the Fairbank Daily News- Minor, and the Juneau Daily Empire: (2) thall.. the Tire and Petroleum bids were opened on January 22, 1970 with the following results: For tires and batteries: Marathon Fuel Service with a low bid of $3,467.06. For Petroleum products: Marathon Fuel Service for furnace oil and diesel oil. Harbor Fuel for furnace oil (P. S. 300) and Standard Oil Company for gasoline, kerosenE engine oil, 10-30 W oil, machine oil, chassis grease, gear lubricant and cleaning sol vent. Clmr. Hulm, seconded by Clmr. Hardy, moved to accept the tireladd submitted by Marathon Fuel Service. Passed Unanimously. Clmr. Richardson, seconded by Clmr. McCloud, moved to accept the Manager's recommendations on the Petroleum Products bid. Passed unanimously, with Clmr. Skinner abstaining. (3) that if Council had no objection the City would negotiate with the State for roof or furnace repairs if needed after the State occupied the old railroad depot. (no objection). (4) that sample policies had been received from two insurnace carriers on the false arrest insurane and that it was recommended to accept the bid of $168.00 as submitted by the carrier for the International Association of Chiefs of Police. Clmr. Skinner moved to accept. the recommendation, seconded by Clmr. Richardson, passed unanimously. and (5) that the Phoenix Log had offered to print the minutes of the City Council if there were no objections ( no objections). Item 6 - Communications: (1) Letter dated 1/22/70 from Elsie M. Cornell, expressing her desire to assist the sucessful bidder in the Jesse Lee Heights property sale. Signed Elsie M. Cornell (2) Letter dated 1/23/70 from J. Eugene Haas reporting on the Tsunami Hazard Public Education Program to be held in Seward, signed J. Eugene Haas, Progessor of Sociology. (3) Letter dated 1/21/70 from Harbor Air Service requesting permission to locate a temporary office bui~ding on a leased lot in the Small Boat Harbor Ares, signed Joseph D. Stanton. (no action taken). (4) Letter dated 1/19/70 from the Alaska Railroad advising that the old passenger siding in the Small Boat Harbor Area was required in order to switch two sidings across the road and cannot be re- leased to the City. Signed John E. Manley, General Manager. (5) Letter dated 1/20/70 from State Department of Highways advising that signs indicating the Hospital and airport would be installed along the Seward Highway inside the City. limits, signed Donald E. Beitinger, District Right of Way Agent. (6) Public Notice dated 1/29/70 from Kenai Peninsula Borough advising that a hearing would be MId on February 16, 1970 on the proposed vacation of the alley in Block 29, Original Townsite, signed Ralph R. Darbyshire, Planning Director. (no objection). (71 ) Letter dated 1/15/70 from Alaska State Housing Authority asking if the City has objections to the Alaska State Housing Authority selling a portion of land to Mr. Vane Reid of Seward, signed J. C. Mueller, Executive Director ( no objection). (8) Letter dated 1/21.;70 from City of Kenai asking for comments on their proposal to ask for State funds to defray added expenses in the growth cycle initiated by oildevelopment of the Peninsula. Signed Eugene H. Morin, Mayor. Clmr. Hulm, seconded by Clmr. Hardy, moved to support the City of Kenai in their request for State assistance as outlined in Kenai Resolution No. 70-2. Passed unanimously. (9) Letter dated 1/19/70 from EngLnnering Science of Alaska accepting the City's invitation to speak to the Council on February 2, 1970. Signed James P. Smith, manager. (10) Notice of dues dated 12/30/69 from Alaska Municipal League requesting $100.00 for 1970 member service charge. Clmr. Skinner moved, seconded by Clmr Richardson, to approve payment to the Alaska Municipal League. Passed unanimously. (11) Letter dated 1/22/70 from Mt. McKinley Bus Lines asking for support from the Council in their request to operate bus service from Seward connecting with Soldoola, Kenai, and Homer. Signed Roy M. Payne. No action taked but the City Manager was requestd to arrange a meeting for February 2, 1970 if possible. I I I 65 . Volume 14 . Page 65 Regular Meeting January 26, 1970 Item 7 - Citizen's Discussion and Public Hearings: (1) Bill Williams requested information on fire protection faculities in the Boat Harbor and asked if something could be done about the ice build-up there. (Mr. Glud indicated he would break the ice the next time he was in his boat). (2) Hans Hafemeister a. supports the local bus company. b. wanted to know when the sewer assessment refunds were to be made and c. when the $1. 00 flouridation payment would stop. He was told that no date had been set for the refunds at the present time and that the flouridation assessement would end the January 15th, 1970 billing. (3) Mrs. Bertha Glud stated she attended the recent Borough Assemli y Meeting held in Seward and that she was concerned about the amount of school business acted on by the Assembly. She stated she thoutht it was a conflict of interest for teachers to be on the Borought Assembly. Mayor Ullom commented that the Borough attorney had ruled that no conflict of interes!:'. was involved. Item 8- Council Discussion: Clmr. Skinner stated he felt the City should send information opposing the Public Service Commission bill currently before the Legislature. Clmr Hulm stated he felt a letter should be writted to the purchasers of the Old Hospital asking what plans were being made for the use of the building. Clmr. Hardy stated that he too supported the local bus line. Mayor Ullom reported that in 16 months he had missed only three Borough Assembly meetings. Item 9 - Resolution, Ordinances and other Action items: 1. Resolution No. 772 (see attached),.a: Resolution supporting the estalbishment of an Alaska Marine Highway System route between Seward, Alaska and Seattle, Washington, or a connecting route between Seward and Juneau, Alaska. Clmr. McCloud, seconded by Clmr. Hardy, moved to adopt Resolution No. 772. Passed unanimously. 2. Ordinance No. 372 (see attached), on Ordinance amending Section VII, Ordinance No. 340, Holidays, first reading. Clmr. Skinner, seconded by Clmr. McCloud, moved to adopt Ordinance No. 372. Clmr Hulm, seconded by Clmr. Richardson moved to amed Ordinance No. 372 by changing "may" to "shall" in the second papagraph. Passed unanimously. Main motion passed unanimously. Clmr. R icha:tdson, seconded by Clmr. Skinner, moved to advance Ordinance No. 372 from first to second reading. Passed unanimously. 3. Approval of application for permit for approved games of chance and skill for a. Seward Women's Bowling Association and b. American Legion AuxilIary Unit #5. Clmr. Richa:tdson, seconded by Clmr. Hulm, moved to approve the applications as presented. Passed unanimously. 4. Appointing Herman E. Leirer, Dorothy K. Urbach, and Henrietta Aldous as members of the Seward Planning and Zoning Commission for term ending 2/15/73. Clmr. Hulm, seconded by Clmr. Hardy, moved to hold an Executive Session. Motion passed with Mayor Ullom dissenting. Meeting recessed for Executive Session. Meeting reconvened with all members present as before the recess. Clmr. Hulm, seconded by Clmr. Richardson, moved to table the appointments until February 9, 1970. Passed unanimously. Item 10-- Report of Borough Assemblymen: Clmr. Hardy reported that (1) he had voted in favor of the ordinance approving Waggy's request for rezoning which was defeated 8 - 1 at the last Borough meeting. and (2) that Chairman Nevarre had reported that work was needed in the New Seward School and that the contractor would still do the additional work. Item 11 - Adjournment. Clmr. Skinner moved to adjourn. Mayor Ullom adjourned the meeting at 9: 37 P. M. lldi~m ~, William M. Ullom Mayor 66 Volume 14 Regular Meeting of February 9, 1970 Page 66 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for February 9, 1970 was called to order by Mayor Ullom at 7:40 P.M. in the National Guard Armory. Item 2 - The Opening Ceremony was led by Clmr. Hoogland. Item 3 - Roll was called and those present were Mayor Ullom and Clmrs. Hoogland, Skinner, Hardy, MCCloud, Hulm and Richardson. Item 4 - Clmr. Richardson, seconded by Clmr. MCCloud, moved to approve the Minutes as presented from the bottom one/fourth of Page 63 through the bottom of Page 65. Passed unanimously. Item 5 - City Manager's Report: The City Manager reported that he attended a meeting in Anchorage of City and Borough Clerks in regard to the new State election registration law. Item 6 - City Attorney's Report: The City Attorney stated he had no report but was available to answer questions as may be directed at him by Council. Item 7 - Communications: (1) Letter dated 2/5/70 to Ralph Bailey requesting that Ray Rogers name be withdrawn from the I. Q. F. suit against the City. Signed Ray Rogers. (2) Letter dated 2/3/70 requesting their names be withdrawn from the suit aga~nst the City. Signed D.E. Wood, Robert L. Chappell, William O'Brien. (3) Letter dated 2/9/70 requesting their names be withdrawn from the suit against the City. Signed Michael L and Linda Mooter. (4) Letter dated 2/8/70 requesting his name be withdrawn from the suit against the City. Signed Mrs. Wayne Heinbaugh for Wayne Heinbaugh. (5) Letter dated 2/9/70 requesting her name be withdrawn from the suit against the City. Signed patricia A. Webster. (6) Letter dated 2/7/70 from Raymond Rogers indicating his regret at signing the petition circulated by Mr. Ben Suddath. Signed Raymond Rogers. (7) Letter dated 2/3/70' from Mr. and Mrs. Bruce Shaw requesting their names be withdrawn from the suit against the City. Signed Bruce and Jeanne Shaw. (8) Lett~r dated 2/2/70 from Helen L. Simpson stating her client, Ben Suddath, had a valid lease with the City for Lot 13 in the proposed Seward Industrial Subdivision. (9) Letter to Frank Worchester dated 2/7/70 from the City Manager indicating a monthly rental of $50.00 was due on the 15th of each month for the house owned by the City and occupied by him. Clmr Richardson, seconded by Clmr. McCloud. moved to approve the terms of the Worchester letter. Passed unanimously. Item 8 - Council Discussion: (1) Clmr. Richardson reported that the Skill Center would release the playground equipment to the City for use in a park and requested that anyone in the audience who had or knew of funds that could be UBed for park purposes should get in touch with him or the City Manager in order to finance on matching fund basis, the development of park areas in the City. Item 9 - Citizen's Discussion and Public Hearings: (1) Mr. Tom Thompson outlined the work his firm, Petersburg Fisheries (Seward Fisheries) was doing in the community. He indicated there would be a three-foidiriC!Xe:alSEt in ice production or doubling of the freezing capacity and the construction of a cannery. He invited citizens in the audience to ask him questions after the meeting. Ballots taken during the informal poll were counted. Within the City limits: 119 yes none- no, Outside the City limits: 10 yes and 0 no. Ballots sub- mitted indicated that the citizens were in support of the proposed sale of the Instant Quick Freeze unit to Petersburg Fisheries. (2) Mr. Martin Goreson stated that Dahlia Gardner's name had been forged on the petition circulated by Ben Suddath. He supported the City's propose sale of the I. Q. F. machinery. (3)Mr. Dick Kirkpatrick expressed his personal opinion in support of the City. ATTACHED TO AND MADE A PART OF THE MINUTES OF THE' SEWARD ~TY COUNCIL L. 14 -l.J 65 -e..! : " / ~ F~li;:!~J . ORDINANCE NO. 372 City Clerk-Treasurer f.~! O~DINANCE AMENDING ORDINANCE NO. 340, SECTION VII, HOLIDAYS. The City of Seward, Alaska, Ordains: That Section VII of Ordinance No. 340 is hereby amended to read a~ follows: All employees in the City service shall be entitled to the following ho1id~s, with pay: HOLIDAY DATE New Year's Day Lincoln's Birthday Washington's Birthday Seward's Day Memorial Day Independence Day labor Day Alaska Day Veteran I s Day Thanksgiving Day Ch ri s tmas Day January 1 February 12 Third Mond~ of February Last Monday of March last Monday of May July 4 First Monday of September Thi rd t-10nd~ of October Fourth Monday of October Fourth Thursday of November December 25 - ~ , ~ . the City Manager may designate one-half a working day immediately preceeding Christmas Day as a paid holiday. Publication of this Ordinance shall be made by posting a copy hereof on the City Hall Bulletin Board and the Seward Post Office Bulletin Board for a period of ten (10) days following its passage and approval. First Reading: January 26, 1970 Second Reading: February 9, 1970 Passed and approved by the Common Council of the City of Seward, Alaska, this day of February, 1970. ATTEST: tJ~~ on ttd~ Mayor James R. Filip City Clerk-Treasurer Approved as to fonn. Richard O. Gantz Ci ty Attorney I I I -- 67 volume 14 Regular Meeting of February 9, 1970 page-0-6-C I I Item 10 - Resolutions, Ordinances and other Action Items: (1) Resolution NO. 773 (see attached), a Resolution calling a Special Election for March 10,1970 to approve or reject the proposed sale of the ~ity's I. Q. F. Unit to Petersburg Fisheries. Clmr. Hulm, seconded by Clmr. Hooqland, moved to adopt Resolution No. 773. Passed unanimously. (2) Ordinance No. 372, an Ordinance amending Section VII, Ordinance No. 340, Holidays. Second Reading. Ordinance No. 372 (see attached page 65) was read in full. Clmr. Richardson, seconded by Clmr. McCloud moved to advance Ordinance No. 372 from second to final readinq. Passed unanimously. (3) Nominations to Seward Planning and zoning commission were Herman E. Leirer, Dorothy K. Urbach, Henrietta Aldous, Lloyd Blondin and Robert Grindrod. Councilmembers cast secret ballots which were immediately counted and the three highest candidates were Herman E. Leirer, Lloyd Blondin, and Robert Grindrod. Mayor Ullom appointed these candidates to the Planning and Zoning Commission for Three year terms ending 2/15/73. Item 11- Adjournment: Clmr. Skinner moved to adjourn. Mayor Ullom adjourned the meeting at 8:55 P.M. ~' !? .h- ~ Filip- ~ City Clerk-Treasurer IJJ4~, m ~~ William M. Ullom Mayor Regular Meeting of February 23, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska for February 23, 1970 was called to order by Mayor Ullom at 7: 30 P. M. Item 2 - The opening ceremony was led by Clmr. Skinner. Item 3 - Roll was called and those present were Mayor Ullom, Clmr's Skinner, Hoogland, Richardson, Hulm, McCloud, and Hardy. 'Item 4 - Approval of Minutes: Clmr. Hardy, seconded by Clmr. Richardson, moved to approve the minutes as presented from the top of Page 66 through the top onel half of Page 67 (Regular Meeting of February 9, 1970). Passed unanimow:;ly. Item 5 - City Manager's Report: The City Manager reported (1~ that the special voters registration period for the State would be held on February 24, 1970 from 10:00 A. M. to 8:00 P.M. in the Council Chambers, (2) that the Jesse Lee Home properties bid would be opened at 4: 30, Thursday, March 5, 1970 in the Council Chambers and that no bids had been received to date., (3) that Senate Bill 426 limited special assessments which local governments may levy, that house concurrent Resolution No. 29 supported the construction of Ressurrection River Road, that House Bill No. 561 called for construction 9f a small boat harbor at Whitter, Senate Bill 370 provided for finanical assistance in parks and outdoor recreations development, that House Bill 474 provided for the second half of the revenue sharing program funds; and (4) that the clearing work for the utility pole line right of way would be put out to bid. Item 6 - City Attorney's Report: City Attorney, Richard O. Gantz, reported (1) that the Couir il should consider supporting House Bill No. 543 (Speical Assement levy limitation) in order to correct an earlier clerical error in its publised form., (2) that letters have been written to the Board of Mission of the :v1ethcx:list Church to try and obtain a deed to lots 38, 39, and 40 of Bleck 1, Terminal Addition and (3) that an answer had been written to Helen L. Simpson, attorney, explaining that her client, Ben Suddath, had no claim in regard to Lot 13, proposed Seward Small Boat Harbor Industrial Sub- division. 6H ~-~ Volume 14 Regular Meeting p.ooru1;lry 23, 1970 Page 68 Item 7 - Council Discussion: Clmr. Hulm pointed out that Gil Hudson was building boats at Lowell Point and that the City should explore the possibility of extending power to that area. Clxnr. Hulm requested that the City go on record in support of Bills before the Legislature providing severe penalties for assualts on police officers. Clmr. McCloud reported that Chet Thorn had contacted him in regard to his property being taxed but not being provided services because of its location near the end of Nash Road. Mayor Ullom reported on his tr.i>p to Anchorage to the Mayor's Conference and told that he had discu'Ssed the police teletype communtiation system, revenue sharing and the problem of involving citizens in their government. Item 8 - Communciations; (1) Letter recieved 2/19/70 from Division of Water and Harbors indicatingq an opening would be left between the existing float system and the new con- struction to faclitate small craft movement in the area. Signed Don Statter. Director. (2) Judgment dated 2/11/70 awarding Two hundred and twent-four dollars to the Department of Fish and Game for causing material damage to a Salmon spawhing stream. (3) Copy of a letter to Helen L. Simpson dated 2/12/70 explaining that Ben Suddath had no claim at law regarding his proposed lease of Lot 13, Proposed Seward Small ~Boat Harbor Industrial Subdivision. Signed Richard O. Gantz. (4) Copy of a letter to Ralph Bailey dated 2/19/70 demanding her name be withdrawn from the petition against the sale of the I. Q. F. equipment. Signed Mrs. Dahlia Gardner. (5) Copy of a letter to Tandy Industries dated 2/11/ 70 suggesting the fi-rITl pick another name instead of "Seward's Success". Signed Aldred E. Widmark, Alaska State Geographic Board. (6) Public Notice from the Kenai Peninsula Borough reporting the vocation of a portion of the City of Seward. a:rtd replating as Oceanview Subdivision. (7) Letter dated 2/11/70 from the Federal Communication Commission stating that responsibility for tower lighting was that of the station owners and asking to be notified when the radio tower lights were turned off. Signed Harold D. DeVoe, Engineer. (B~ Letter dated 2/19/70 from Elks Boy Scout Troop asking for permission to work on the 4th Avenue Park. Signed Richard R. Ronne, Secretary (no obj ection) (9) Letter dated 2/11/70 from James Hornaday asking support for a Community College for the PEninsula. Signed James C. Hornaday. (10) Letter dated 2/13/70 from Lounsbury and Associated offering their services as City Engineers. Signed Loren H. Lounsbury. Clmr. Skinner, seconded by Clmr. Richardson, moved to appoint Lounsbury and Associates as City Engineers. Passed unanimously. Item 9 - Citizen's Discussion: 1. Mr. R. W. Kirkpatrick requested the City share in the expenses of sending a representative to the 1970 Alaska Trade and Travel Fair in California in the amount of $400.00. Clmr McCloud, seconded by Clmr. Hulm, moved to approve the expenditure of $400.00. Discussion followed. Clmr. Richardson, seconded by Clmr. Hulm, moved to amend the motion that approval was contingent '\ upon the fact that a local resident be sent to California. Passed unanimously. Voting on the Main Motion: Richardson, Hulm and McCloud: yes. Skinner, Hoogland, Hardy and Mayor Ullom: No. Motion fails. 2. Mr. Ben Suddath stated his attorney could not be present due to heavy ice on the rOa::ls and and early court date in Anchorage. He said the case would be pursued at a later date. 3. Mr. Hafemeister stated that legal counsel for the City was needed and that it was of benefit to have our attorney present at Council Meetings. 4. Mr. Oliver Amend stated that the BLM_- GSA properties along the East edge of town should be returned to the City for $1. 00 5. Mrs. Pat Williams reported that Derrick Lane, ~ Yale graduate, came to Alaska to make his fortune in the early days of Seward, While in Seward he worked as Clerk of the Court and managed to acquire a great deal of property. Later his health turned for the worse and knowing that death was near, Mr. Lane disposed of his properties in an orderly way. The properties not owned by the City at the site of the Jesse Lee Home was not his estate at the time of death and it can be said that the deeds were not recorded or perhaps were not indexed. No one may ever know for sure. Item 10 - Resolutions, Ordinances and other Action items: 1.. Resolution No. 774, (see attached), a resolution appointing Judge Inspectors, Judges and Clerks of Election for Seward Precincts 1 and 2 for the March 10, 1970 Special Election. Clmr McCloud rmved, seconded by Clmr. Hardy, to approve Resolution No. 774. Passed unanimously. Volume 14 Regular Meeting February 23, 1970 69 Page 69 Item 10 - 2. Resolution No. 775 (see attached) a Resolution supporting the establishment of daytime Community College facilites on the Kenai Peninsula. Clmr. Hardy moved, seconded by Clmr. McCloud, to adopt Resolution No. 775. Passed un- animously. 3. Ordinance No. 372, see page 65, an Ordinance amending Section VII~ Ordinance No. 340, Holidays. Clmr. Richardson moved, seconded by Clmr. McCloud, to pass Ordinance No. 372. Passed unanimously. I 5. Approval of Transfer of Liquor License for 'Yuke>nBar, '1nc. frcmrEvangeline Stetson to Evangeling Stetson and Ray Lee. Clmr Hulm, seconded by Clmr. Richardson, moved to approve the transfer as presented. Passed unanimously. Item 11 - Report of Borough Assemblymen: Clmr. Hardy reported (1) that the Travel and Trade Fair request made to the Borough was defeated. (2) that the foreclosed Borough Property was being put up for competitive bid, and (3) that the assembly supported the construction of a Vocational Education faculity in the Kenai area. Item 12 - Adjournment: Clmr. Skinner moved to adjourn. Mayor Ullom adjourned the meeting at 9:58 P.M. Item 10 - 4 Clmr. Skinner, seconded by Clmr. Hardy, moved to appoint Hans Hafemeister as Harbor Watchman. Passed unanimously. ~tVyY'-1h Z/d~,- William M. Ullom Mayor Regular Meeting March 9, 1970 I Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, was called to order by Mayor Ullom at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. Hardy. Item 3 - Roll was called and those present were Mayor Ullom. Clmr's Hardy, Hulm, Hoogland, Skinner, Richardson, and McCloud. Item 4 - Approval of Minutes. A correction was noted on page 68, line 1,"Gil" should read "Bill". Glmr. Richardson, seconded by Clmr. McCloud moved to approve the minutes as corrected from the bottom 1/2 of page 67 through the top 1/2 page 69 ( Regular Meeting of Feb. 23, 1970) Passe d unanimously. I Item 5 - City Manager's Report: The City Manager reported (1) that one bid had been received for the Jesse Lee Home properties in an amount of $31,765.98 with 10% down and the balance at 5% over five years. The administration recommended acceptance of the bid. (2) that the Special Election would be held tomarrrow from 8:00 A.M. until 8:00 P.M., (3) that a conference with the City Attorney had been scheduled for Friday afternoon., (4) that Mr. Jim Smith of Engineering Science of Alaska would speak briefly to the Council this evening and (5) that a brief work session would follow tonight's regular meeting. Item 6 - Communications: (1) Copy of a letter dated 3/8/70 from W.E. Fletcher to A.G. Hiebert regarding operation of the radio station in Seward. The Manager asked Council if there was objection to allowing Mr. Fletcher to assume the past due utility bill and pay $50.00 per month at 6% interest without restoration of the emergency propane supply by the City. No objection. (2) Letter dated 3/1/70 from Petersburg Fisheries, Inc. requesting permission to use a trailer on Lot 11 during the construction period. Signed T.E. Thompson ( No objection from Council). (3) Letter dated 2/22/70 from Mayor Yoshimuri of HokKaido, Japan, expressing his interest in 70 Vol ume 14 Regular Meeting March 9, 1970 Page 70 Item 6 - (3) in Seward, Obihiro city's sister City. Signed Horoshi Yoshimuri, Mayor. (4) Letter dated 2/23/70 from State Department of Administration transmitting a check for $15,388.00 in revenue sharing funds for the City. (5) Copy of a letter dated 3/5/70 to City Attorney Gantz from Roger M. Whiteman, Counsel for Women's Division of the Methodist Church indicating that a deed () to Lots 38, 39 and 40 of the Terminal Addition to Seward would be issued. Signed Roger M. Whiteman. (6)Letter dated 2/27/70 from Martin L. Goresen requesting permission to use a bus as ice cream sales unit in the Small Boat Harbor area an a leased lot. Signed Martin L. Goresen. Council referred the item to Planning add Zoning for 3/11/70. (7) Letter dated 2/23/70 from K.L. Knighten requesting permission to use a temporary building in the Small Boat Harbor C'\ until November 1, 1970. Signed K.L. Knighten. No. Objection. Item 7 - Council Discussion: Clmr Hulm reported that the City should .. support SB513 (Dept. of Community Affairs), HB683 (State Aid for Teen Centers) and SJR88 (Transporation study linking Seward and Kenai) Clmr. Skinner was interested in the qualifiation for revenue sharing for air and water pollution control. No answer was given. Item 8 - Citizen's Discussion and Public Hearings: 1. Mr. Jim Smith of Engineering Science of Alaska spoke on the problem of sewage treatment faculities for small communites. 2. Mr. Bob Thorstenson of Petersburg Fisheries reported that the plant was going to be a real success in Seward and that the Community should support the resumption of air service to the community. Item 9 - Resolution, Ordinance and other Action items: 1. Bid award-Jesse Lee Home peoperties. Clmr. Richardson, second- ed by elmr. McCloud moved to accept the bid as presented. Passed unanimously. 2. Clmr. McCloud, seconded by Clmr. Hardy, moved to appoint Burton W. Bauqh Actinq City Manaqer/City Clerk for the period March 25 throuqh April 20, 1970. Passed unamimously. 3. Clmr. Hardy, seconded by Clmr Hulm moved to protest the expend- iture of State and Federal funds in the construction of public work projects in Whitter. Passed unanimously. Item 10 - Report of Borough Assemblymen: Clmr. Hardy reported that needed gym equipment had been installed in the new grade school and that the state had bids for the 3rd Ave.j ..p.roj.ect in Seward from K, Incorporated and Champion, Incorporated. Mayor Ullom reported that the Council would have a special meeting on Wednesday, March 11, 1970 at 4:30 P.~. to canvass the March 10, 1970 Special Election. Item 11 - Adjournment: Clmr. Skinner moved to adjourn. Mayor Ullom adjourned the meeting at 9:10 P.M. 7I~<4~1n ~'- William M. Ullom Mayor I I I 71 vol ume 14 Special Meeting March 11, 1970 Page 71 Item 1 - The Special Meeting of ~rch 11, 1970 was called to order by Mayor Ullom at 4:30 P.M. Item 2 - The ope!ning ceremony was led by Clmr. McCloud. Item 3 - Roll was called and those present were Mayor Ullom, Clmr. McCloud, Hulm, Hardy, Richardson and Hoogland. Item 4 - The Ballots of the March 10, 1970 Special Election were examined, the tally books checked and found to be in order. Precinct # 1 was tallied and votes were as follows: Proposition A: Yes - 109, No - 2. Precinct # 2 was tallied and votes were as follows: Proposition A: Yes 128, No O. The Absentee ballots were opened and counted. The votes were as follows: Yes 6, No O. The final official totals were: Yes - 243 No - 2. Proposition A Carried. The audience was asked if anyone present desired to contest the results of <.; the election. No one spoke. Clmr. Hardy, seconded by Clmr McCloud moved to accept the results as-the offical results of the March 10, 1970 Special Election. Passed unanimously. Item 5 - Adjournment: Clmr McCloud mOTed to adjourn. Mayor Ullom adjounec the meeting at 4:41 P.M. id~~,7J7 U/.lVWI--- William M. Ullom Mayor es R. Filip ity Clerk-Treasurer Regular Meeting of March 23, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for March 23, 1970 was called to order by Mayor Ullom at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. Hulm. Item 3 - Roll was called and those present we re Mayor Ullom, Clmrs. Hulm, Richadson, Hoogland, Hardy, Mccloud, and Skinner Item 4 - Clmr. Hoogland, seconded by Clmr. McCloud, moved to approve the minutes as presented from the bottom one/half of page 69 through the top one/half of page 71. Passed unanimously. Item 5 - The City Manager reported that (1) the Planning and Zoning Commission recommended that Lot 18, Block 1, Jesse Lee Heights subdivision should be retained by the city to provide future road right-of-way if necessary. Clmr. McCloud, seconded by Clmr. Hoogland moved to approve the recommendation to retain this lot. Passed un- animously. (2) Approval of the purchase of utility poles in the amount of $6,600.00 was required. Clmr Richardson, seconded by Clmr. McCloud, moved to approve the purchase. Passed unanimously. (3) Campfire Girls requested $300.00 for summer water safety classes. Clmr McCloud, seconded by Clmr Hulm moved to approve the $300.00 expenditure. Passed unanimously. 72 Volume 14 Regular Meeting March 23, 1970 Page 72 Item 6 - Communications: 1. Letter dated March 19, 1970 requesting Council approval of addition of structures to the Alaska Skill Center plot. Clmr. Hardy, seconded by Clmr. McCloud moved to approve the Skill Center plot plan submitted by the State Division of Buildinqs. Passed unanimously. 2. Letter dated March 11, 1970 from Seward General Hospital requesting the Hospital be included in the City Budget for $25,000.00 for fiscal year 1970 - 71. Signed Thomas C. Aldermen, Administrator. 3. Letter dated March 12, 1970 from Alaska State Housing Authority advising that Lots 9 and 10 of Block 3, Oceanview Subdivision had been sold to Delbert Hill of Seward. Signed Robert H. Schenker, Executive Director. 4. Letter dated March 10, 1970 from Division of Fire Prevention advising of Code Requirements for Commerical and industrial build- ings. Signed Andre C. Schalk, Assistant Fire Marshal. Item 7 - Citizens; Discussion and Public Hearings: 1. Commander Gerald E. Haraden spoke on the ~portance of the Tsunami Warning Educatiion Program and the local signals that would be used to warn citizens of a possible tsuanmi affecting the Seward area. 2. Public Hearing - propesed sale of Jesse Lee Home properties to the Development Corporation of North America. Mr. Clifford Schoon and Clinton Anderson of Andy's International presented financial state- ments to members of the Council. Mayor Ullom opened the Public Hearing. Elsie Cornell of Anchorage spoke in favor of the sale. Mr. R.W. Kirkpatrick of Seward spoke in favor of the sale. No one else desired to be heard. Mayor Ullom closed the Public Hearing. 3. Public Hearing on the proposed lease of Track 3 and 4 The Seward Waterfront Tracts to Northern Stevedoring and Handling Corporation. Mayor Ullom opened the Public Hearing, No one spoke. Mayor Ullom closed the Public Hearing. 4.. Hans Hafemeister of Seward spoke in support of removing the earthquake damaged tanks and tank cars from Resurrection Bay in the Seward, Area. Martin Goresen also spoke in support of this proposal. ~ Item 8 - Council Duscussion: 1. Clmr. Hulm requested that additional speakers be installed in the Council Chambers , if possible, so members of the pUblic could hear the presentations. 2. Clmr. Hulm reported that funds for a summer yo~~h program would be provided by Ruralcap and that he nominated Clmr. Richardson to serve as the City's representative. Mayor Ullom appointed Clmr. Richardson without objection of Council. 3. Clmr Richarson reported that th~ 4th Ave. Park would be restored and mainted by the Boy Scouts of Seward. 4. Mayor Ullom reported that he supports the construction of a swimming pool at the new Homer High School. 5. Mrs. Pat Williams supported the Mayor and the water safety program in Seward. 6. Mayor Ullom reported that he will draft a Resolution requesting the old Railroad Depot as a pioneer building in Seward. and be design- ated as such. Item 9 - Resoultions, Ordinances and other ActiQn Items: 1. Resolution No. 776, a Resoltuion (see attached) setting Clean- up, Paint-up and Fix-up Time in Seward. Clmr. Hardy, seconded by Clmr. Richardson, moved to approve Resolution No. 776. Passed unanimously. 2. Resolution NO. 777, a Resolution (see attached) approving an app~ication for Economic Development Adminstration funds for a Wharf construction project. Clmr. Skinner, seconded by Clmr. McCloud, moved to approve Resolution No. 777. Passed unanimously. I I I 7 ~) d Volume 14 Regular Meeting March 23, 1970 page 73 .Item 9 - 3. Resolution No. 778, a Resolution ( Eee attached) authorizing a deed to Luther L. Jones for Lot 6, Block\4, Federal Addition. Clmr. McCloud, seconded by Clmr. Hardy moved to approve Resoltuion No. 778. Passed unanimously. 4. Resolution No. 779 a Resolution (see attached) correcting the legal description of Lot 11, proposed Small Boat Harbor Industrial Subdivision. Clmr. Richardson moved, seconded by Clmr. McCloud to approve Resolution No. 779. Passed unanimously. 5. Resolution No. 780, a Resolution (see attached) amending Resolutions No. 767 and 769 dated 11/10/69 and motion 6-1 dated 11/24/69. . Clmr. McCloud, seconded by Clmr. Hulm moved to approve Resolution No. 780. Passed unanimously. 6. Resolution No. 781, a Resolution (see attached) approving State of Alaska lease No. 591, Tract 1, Seward Waterfront Tracts. Clmr. Hardy seconded by Clmr. McCloud moved to approve Resolution NO.' 781. Passed unanimously. 7. Resolution No. 782, a Resolution (see attached) approving State of Alaska-' NCl>.. 596, office No.1, City Hall. Clmr. *lease Richardson, seconded by Clmr. Skinner moved to adopt Resolution No. 782. Passed unanimously. 8. Resolution No. 783, a Resolution (see attached) approving Unite States lease NPARE- AQ, Tract 102, Seward Recreation Annex. Clmr. McCloud, seconded by Clmr. Richardson moved to approve Resolution No. 783. Passed unanimously. 9. Resolution No. 784, a Resolution (see attached) approving a lease and license agreement between the City and the State of Alaska for the 4th A~enue Dock and old Railroad Depot building. Clmr. Hardy moved, seconded by Clmr Hulm to approve Resolution No. 784. Passed unanimously. 10. Clmr. Hulm, seconded by C1mr. McCloud moved to approve the location of an ice cream sales bus on Keith Kniqhtens Marina Subdivision lot from April 1, 1970 throuqh September 15, 1970 provided said unit meets Health Department Standards. Motion passed with Clmr. Skinner dissentinq. 11. Clmr McCloud, seconded by Clmr Richardson, moved to approve a transfer of liquor license to Bob and Darlene Grindrod. Passed unanimously. l2.I.Q.F. Bid Award. The City Manager recommeded the bid award be made to Petersburg Fisheries, Inc. Mrs. Helen Simpson, Attorney for Roy E. Johnson, Ben Suddath and Ralph Bailey requested an executive sesseion to discuss the award. Mayor Ullom ruled that such a meeting would not be possible. almr. Hoogland, seconded by Clmr. Hulm, moved to over- rule the Mayor. Motion passed with Clmr Skinner and Mayor Ullom dissenting. Clmr. Skinner moved, seconded by Clmr. McCloud, not to hold the meeting unless and until our City Attorney was present. Motion passed with Clmr Hoogland dissenting. Clmr. Hoogland seconded by Clmr Hardy moved to table the I.Q.F. bid against the recommendations of the City Manager and City Attorney. Clmr. Hoogland seconded by Clmr Hulm moved to amend the motion to add "until the first regular meeting following the meeting with Mrs. Simpson and her clients with the City Attorney!' Amendment passed unanimously. Main motion passed with Mayor Ullom dissenting. 10. Report of Borough Assemblymen: Mayor Ullom reported that dis- cussion of the New Homer High School and the propossed swimming pool took up a major amount of time and that he would support the pool construction project with all his effort. Item 11 - Clmr. Skinner moved to adjourn. Mayor Ullom adjourned the meeting at 10:30 P.M. -. :XtCI(t t:t ~ ,1) 7 '1 Le 6, /y7 ~'--- William M. Ullom Mayor 14 Volume 14 Special Meeting Regular Meeting April 2, 1970 April 13, 1970 Page 74 Item 1 - The Speical Meeting of the Common Council of the City of Seward, Alaska for April 2, 1970 was called to order by Mayor Ullom at 7:34 P.M. Item 2 - The Opening Ceremony was led by Clmr. Hoogland. Item 3 - Roll was called and those present were Mayor Ullom, Clmr' , Hoogland, Skinner, Hardy, McCloud, Hulm. Richardson. Item 4 - Clmr. Richardson, seconded by Clmr. Skinner, moved to reconsider the motion tablinq the bid award of the I. Q. F. equipment. Passed unanimously. Item 5 - Clmr. Skinner, seconded by Clmr. McCloud, moved to award the I. Q. F. equipment to petersburq Fisheries as it was the highest, best and only responsive bid received. Passed unanimously. Item 6 - Adjournment: Clmr Skinner moved to adjourn. Mayor Ullom adjourned the meeting at 7:39 P.M. \ Pc J A I f;;z (,{ J B CUt U-l) Burton W. Baugh V Acting City Clerk-Treasurer /ffpAA ~~ /J') 1jj!6-~", William M. Ullom Mayor Regular Meeting April 13, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska was called to order by Mayor Ullom at 7:38 P.M. Item 2 - The op~ning Ceremony was led by Clmr. -McCloud. Item 3 - Roll was called and those present were Mayor Ullom, Clmr's McCloud, Skinner, Hulm, Hardy, Richardson and Hoogland. Item 4 - Clmr. Richardson, seconded by Clmr. MSCloud, moved to approve the minutes as presented from the bottom one/half of page 71 through the bottom of page 73 (Regular Meeting of March 23, 1970). Passed unanimously. Item 5 - Acting City Manager's Report. Mr. Burton W. Baugh, Acting. City Manager reported (1) that Public Works is preparing to seal- coat City Streets, and (2) that flood insurance is available if citizen's requrest it through the Federal Government. Item 6 - Communciations: (1) Letter from Seward Skill Center advising that temporary walk-in food freezer would be removed when permanent facilities are available., (2) Letter dated 3/31/70 from Development Corporation df North Amercia requesting temporary approval to begin clean-up operation at Jesse Lee Home site. Signed Clifford F. Schoon. (turned over to City Attorney for handling.) (3) Letter from Federal Water Pollution Control Administration advising, that it was felt there was little oil pollution resulting from the sunken tanks in Resurreciton Bay. Signed Oscar E. Dickason, Director. (4) Letter dated 4/3/70 from State Department of Public Works transmitting a report on the proposed construction of a Small Boat Harbor at Whittier. Sighed Harold D. Strandberg, Commissioner., and (5) letter dated 4/6/70 from Anchorage Radio and Television , Inc. submitting a quote of $3,034.00 for Harbor radio equipment. Signed Gordon S. Armstrong, Manager. I I I 7 ~) . Volume 14 Regular Meeting April 13, 1970 Page 75 Item 7 - Citizen' s Discussion am Public Hearings: 1. Mr. R)y Morris, Federal Water Quality Administration, spoke regarding the oil pollution hazzard in Resurrection Bay and concluded that there is little possibility of a major incident occuring in this regard. Martin Goresen and Larry Daniel spoke in disagreement with the views expressed by Mr. Morris. Miss Aurora Loss of Corps of Engineers said that the Corps will not undertake salvage of the sunken tanks. Mr. Gordon S. Armstrong of Consolidated Engineering, presented in- formation on Harbor Radio Equipment and pending Federal Commun- ications Commission legislation regarding radio use. 3. Mr. Herman Lerier and Mr. Oscar Watsjold spoke on City clean-up campaign and the fact that many hazardous buildings exist in Seward should ~'l abated. 4. proposed ordinance No. 373 was discussed as a means'to control entertainers in the City of Seward. Clmr. McCloud, s~conded by Clmr. Hoog1nd. moved to table proposed Ordinance No. 373. Clmr. Hulm, seconded bv Clmr. Hardy, moved to table proposed ordinance No. 373 until the first meetmq in May. Amend- ment passes unanimously. Motion passed with Clmr's Hulm, Hardy, and Richardson dissentinq. 5. Mr. Carl Norman reported that he was concerned over threats that were being made by the Police Department. Mr. Norman was requested tb submit the complaint in writing to the City Manager. 6. Mr. Olvier Amend reported that Ruralcaps funds could be spent in another area if local interest was not forthcoming for the youth program. 7. Pastor Gary Lueck requested assistance in getting a building for youth program if possible. 8. Mr. James Yatsik reported on a dispute between the Harbormaster and Ass't Harbormaster and asked that it should be settled. 9. Mr. Alex Rule supported the purchase of a radio for the Harbor and explained that a dire need exists. 10. Mr. Norman Waggy reported that $150.00 would purchase a radio that would do the job correctly for this summer. Item 8 - Council Discussion 1. Clmr. McCloud reported that the public should be disturbed by the drug- problem in the Community. 2. Clmr. Hardy reported that "Red" Smith had title to all pipe on beach East of 7th A'~nue and some piling on the ground in that area. Clmr. Hardy continued by saying that Mr. Smith had complain- ed of losing this property and was interested in getting it back. Clmr. Skinner indicated that there was no problem since Mr. Smith and Lakes End Logging still owed money to the City. 3. Clmr. Hulm supported Ordinance No. 373. on behalf of the citizens. 4. Clmr. Skinner reported that he had a telephone call regarding the Police Departwent and that information coming out of the work session was being distorted by rumors instead of facts. 5. Mayor Ullom reported that he was going to publish information in the paper regarding the misuse of durgs and the six directives issued to the Police Department. Item 9 - Resolutions, Ordinances and other Action items. 1. Resl- ution. No 785 (see attached) a Resolution providing for lease of tracts 3 and 4 , Seward Waterfront Tracts to Northern Stevedoring and Handkling Corp. Clmr. Hardy, seconded by Clmr. Richardson moved to adopt Resolution No. 785. Passed unanimously. 2. Resolut~n No. 786 (see attached) a Resolution providing for the licensing of the 4th Avenue Dock to Northern stevedoring and Handling corporation. Clmr. Richardson, seconded by Clmr. Hardy, moved to adopt Resolution No. 786. Passed unanimously. 3. Resolution No. 787 (see attached) A Resolution approving the sale of Jesse Lee Home property to the Development Corporation of North America. Clmr. McCloud, seconded by Clmr. Skinner, moved to adopt Resolution No. 787. Passed un- animously. 76 Volume 14 Regular Meeting April 13, 1970 Special Meeting April 15, 1970 Regular Meeting April 27, 1970 page 76 Item 10 - Report of Borough Assemblymen the Borough was w9rking on the Budget. members of the public were invited to Clmr. Hardy reported that Mayor Ullom reported that attend the budget hearing. Item 11 - Adjournment: CLmr. Skinner moved to adjourn. Mayor Ullom adjourned the meeting at 10:30 P.M. B t;;. ;; ~: ~--u - Lv b L!df:}.. -~ Burton W. Baugh ' Acting City Clerk-Treasurer William M. Ullom Mayor Special Meeting April 15, 1970 Item 1 - The Special Meeting of the Common Council of the City of Seward, Alaska, for April 15, 1970 was called to order by Mayor Ullom. Item 2 - The Opening Ceremony was led by Clmr. Skinner. ttem 3 - Roll was called and those persent were Mayor Ullom Clmr's Skinner, Hardy, McCloud, Hulm, Richardson and Hoogland. Item 4 - Discussion on an apparent conflict in Harbor. \ Resolution No. 671 was held. 1. Clmr. Hulm moved, seconded by Clmr. Skinner, to amend Section 2(b) of Resolution No. 671 to read as follows " City personnel, only, may operate the Marine Boat Lift and all charges are due and payable no later than the 19th day of each month. A 10% penalty shall apply on delinquent payments." ~mr. Skinner, seconded by Clmr, Richardson muved to amend the amendment by adding the words " If, in the judgment of the Harbozroaster or his responsible Boat Lift Machine operator, the City's interests are protected, he may collect the applicable charge at the timeof rendering the service." The amendment to the amendment passed unanimously. The amended amendment passed unanimously. 2. Clmr. Skinner, seconded by Clmr. Richardson, moved to hold an Executive Session relative to a personnel matter. Passed unanimously. Mayor Ullom convened the Executive Session. Mayor Ullom adjourned the Executive session. Mayor Ullom reconvened the special Meeting. Item 5 - Adjournment: Clmr. McCloud, moved to adjourn. Mayor Ullom adjourned the meeting at 7:44 P.M. dl-',U~' U/, ,(?O.A-'I~/J Burton W. Baugh Acting City Clerk-Treasurer 'J!~1h LLf4-h,-, W~lliam M. Ullom Mayor Regular Meeting April 27, 1970 Item 1 - The Regular Meeting of the Common Council of the City os Seward, Alaska, was called to order by Mayor Ullom at 7:30 P.M. Item 2 - The Opening Ceremony was led by elmr. Hulm. Item 3 - Roll was called and those present were Mayor Ullom, Clmr's. Hulm, Richardson, Hoogland, Hardy, McCloud, and Skinner. Item 4 - City Manager's Report: The City Manager reported (1) that the Alaska Marine Highway System office would be moving prior to the end of the month, (2) that the City is currently recruiting volume l4 , Regular Meeting April 27, 1970 71 page 77 Item 4 - (2) for a new Chief of police and one police officer following the dismissal of Chief Kenneth A. Herl and the resignation of Officer Larry Daniel, and (3) that he and Mrs. Filip had enjoyed their recent vacation. I Item 5 - Communications: 1. Letter dated 4/22/70 from Grade 5-1, Seward Elamentory School requesting that additional cans be placed in the business district for trash collection pur- poses. Signed Students of Grade 5-1. 2. Letter from state Department of Highways dated 3/10/70 indicatiing that the State would not be able to assist in maintaining the road to the new Grade school. Signed, Jack R. Morrow, Acting Maint. Super. 3. Letter from the Alaska Railroad dated 4/22/70 giving Temporary approval to install a power line crossing over the railroad right-of-way to Kenai Lumber Company. Signed, Merle W. Akers, Real Estate officer. 4. Letter from Seward Fisheries dated 4/25/70 requesting the use of the West sideof the City Dock. Signed, Linne R. Bordorson, Manager. Clmr. Skinner seconded by Clmr. Richardson, mored to extend temporary authority to use the West side of the City Dock to the insde of the"T" immediately and to authorize a preferential permit for that space that comforms to the DockUse License already in effect. Passed unanimously. 5. Petition from the Citizens of Seward requesting the impaneling of a Grand Jury at Seward to investigate the traffic in durgs in this area. The City Clerk checked the petition signers and found that 30.3% of the voters voting in the last regular election were represented on the petition which contained 91 signatures of registered voters and 76 signatures of non-registered but interested individuals. Clmr. McClou~econded by Clmr. Hoogland, moved to instruct the City Manager to request the impaneling of a Grand Jury as requested in the petition. Passed unanimously. I Item 6 - Citizen's Discussion and Public Hearing: 1. Mrs. Lundine and James Thomas requested information on why Chief Herl was fired. The City Manager answered by saying he was dismissed for bringing the confidential facts of an invest- igation before the public without authority or permission. 2. Mr Norman Waggy requested thaT the meeting be moved so everyone could be seated. Clmr. Richardson, seconded by Clmr. Hulm, moved to recess in order to. move the meeting to a larger room. Motion passed with Clmrs. McCloud and Skinner dissenting, Mayor Ullom abstaining. Meeting recessed. 3. Mayor ullom reconvened the meeting in the High School Muli-purpose room. 3. Mrs. Daniel, Genell Shriner, Ann Scoot and Ralph Bailey continued the discussion relative to the dismissal of the Police chief. The City Manager responded to all questions and Vice-Mayor Hoogland presided during the period the discussion involved Mayor Ullom as an indidivual. Mr. Jerry Brewer supp- ortedthe administration's action in dismissing the Chief for cause. I Item 7 -. Council Discussion: 1. Clmr. McCloud inquired about watering the streets. The Manager reported that the water truck would be ready shortly and watering would begin in a few days. 2. Glmr. Hulm expressed support of HB8l4 providing for shared revenues and without Council objection the Manager should write letters to our Senator and Representatives. elmr. Hulm, seconded by Clmr. Hardy, moved to hold an Execuitive Session regarding a personnel matter. Motion passed with Mayor Ullom abstaining. Mayor Ullom recessed to Execuitive Session. Mayor Ullom reconvened the regular meeting. 3. Mayor Ullom, wi th Council approv..... appointed Lloyd Blondin and John Walsh co-chairmen of Cemetery Clean-..up Committee and called on every- one present to attend the clean-up period on Sunday, May 3, 1970 at 1:00 P.M. at the cemetery. 7H Vol urne 14 Regular Meeting April 27, 1970 Regular Meeting of May 11, 1970 Page 78 Item 8 - Resolution, Ordinances and other Action Items. 1. Proclamation - May 1, 1970 - Law Day 2. proclamation- May 2, 1970 - Hope Cottage Day (see attached) . Item 9 - Report of Borough Assemblymen: Mayor ullom reported that the Borough is working on an $8,700,000.00 School Budget and that no tax increase was. expected. He reported that the educational system would be improved. Prior to adjournment Mayor Ullom stated that he would not resign as Mayor of the City of Seward, that he had retained Edward J. Reasor as his attorney and that he has requested administrative leave during the five or six weeks it was expected to take his case to court. The City Manager had reported \\ earlier that State Police had been requested through the City Manager's office to continue the investigation initiated by former Chier of Police Herl into the alledged moral mis-conduct of Mayor ullom. Item 10 - Adjournment: Clmr. Skinner mO\Ted to adjourn. Mayor Ullom adjourned the meeting at 9:30 P.M. !J . ~12~ James R. Filip L City Clerk-Treasurer ;~d'--~'rn ])-) tL{'~7n William M. Ullom " Mayor Regular Meeting of May 11, 1970 Iti8ID 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for May 11, 1970 waacalled to order by Mayor Ullom at 7:37 P.M. in the gymansium of the William H. Seward Elementary School. Item 2 - The Opening Ceremony was led by Clmr. Skinner. Item 3 - Roll was called and those present were Mayor Ullom, Clmr's Skinner, Hoogland, Richard son, Hulm, McCloud and Hardy. Item 4 - Approval of Minutes: A correction was noted on page 75 Item 8 - 3 add the words" He also favored an effective ordinance agai.nst toplessness in Seward's business establishments" On page 78, Item 9, delete "8,700,000.00", insert "7,800,000.00. " Clmr. Hulm, seconded by ClmIi. Hardy, moved to approve the minutes as corrected from the top of page 74 through the top one/half of page 78. Passed unanimously. Item 5 - City Manager's Report: The City Manager reported (1) that he had appointed William T. Bagron of Juneau as Seward's new Chief of Police and that Bagron come with the recommendation of Major M. E. Dankworth of the Alaska State Troopers, (2) that the Sewer assessment refunds should be authorized; Clmr. Hardy, seconded by Clmr Skinner to authorize the City Mana er to proceed with the refund program.. Passed unanimously. 3 that Mr. Glud through the Seward Boosters had offered to construct a building at the Harbor to be used as a washroom which the City needed; Clmr Hardy, seconded by Clmr. Skinner moved to accept the Boosters Club offer and to authorize the purchase of plumbing parts and fixtures as needed to complete the unit. Passed unanimously:. (4) that Item 9 - 2 on the agenda should be deleted; and (5) that the manager recommended to Council authorize up to $100.00 to repair a vehicle that was accidentally damaged during the cemetery clean - up activities. Clmr. Skinner moved, seconded by I, . I I 7 ~} Volume 14 Regular Meetin of May 11, 1970 Page 79 Item 5 - (5) Clmr. Hardy, to approve the recommendation made by the City Manager. Passed unanimously. Item 6 - Commmdcations: (1) Notice of Opportunity for a Public Hearing on the proposed reconstruction of Nash Road, to be held at 7:30 P. M. on May 14, 1970 in the Council Chambers, signed C. S. Mat lad., Central District Engineer. (2) Letter dated April 20, 1970 from Jack Werner submitting his resignation as one of Seward's KPB Economic Deve]l1pment District Board of Directors. Signed Jack Werner. (3) Letter dated May 6, 1970, from Kenai Peninsula Borough Economic Development District reguesting that the vacancy created by the expiration of Jack Werner's term on June 1, 1970, be filled as soon as possible, signed Bob L. Wells, Director. (4) Letter dated Aprill6th from Representative Irv Metcalf transmittting a copy of " Recommendations for the Development of Whittier", signed Irv Metcalf. (5) Letter dated April 3, 1970 from Commissioner of Public Works transmitting a copy of a "Planning Studv for a Small Boat Harbor at Whitter, Alaska" signed Harold D. Strandberg. (6) letter dated May 1, 1970 from the Alaska Skill Center requesting authority to generate power for ins- tructional purposes for a period not to exceed sixty (60) hours per month. Signed James R. Martindale, Assistant Administrator. Clmr. Richardson, seconded by Clmr. McCloud, moved to approve Skill Center generation of power for their exclusive use as an instructional aid for a period not to exceed six1:y(60) hours per month. Passed unanimously. Item 7 - Citizen's Discussion and Public Hearings: 1. Mr. Jim Smith of Eng:ineering Science of Alaska presented a report on Sewerage Treatment facilities for small communities. 2. Mayor William M. Ullom present- ed a citation to Lloyd Slarlin for his work in organizing the cemetery clean- up activity. 3. Mr. Robert Glud felt that the paper should print all reports' and that there should be no censorship. Ben Suddath asked Clmr. Hulm if Hulm knew why Herl was fired and further stated that he had asked the U. S. Attorney to investigate Mayor Ullom and City Manager Filip and that he did not want the Chief to lose his job over it. Jack McOellan stated he wanted to ask some questions and that he would resign if he were not allowed to ask them as an employee of the City. The City Manager objected, McClc llan Indicated his possession of City records in his home and stated that the inveatig- ative reports, four in number, would be accounted for to State Trooper Roy Rush since McClellan felt security in the Police Department was lax. E. C. Casey stated that City file should not be in a priva.te home. Ralph Bailey stared he felt there was an extreme lack of leadership. Gerald Shriner, Ann Scott and Bertha Glud continued the discussion relative to the firing of the Chief of Police. The City Attorney con- cluded the discussion by indicating that State Troopers had a free hand to conclude the investigation that was improperly handled by Chief Her1. Item 8 - Council Discussion: 1. Gmr Richardson questioned the status of the negotiation with the Development Corporation of North America regarding the Jesse Lee Home properties. The City Manager reported that the City's contract was stiff and that some discussion with the fiim was necessary. 2. Clmr. Hulm stated tha t the contract is good and that differences can be worked out jointly by the attorneys concerned. 3. Clmr. McCloud stated that the citizen's shouded like a bunch of garbage and that they should stop nit-picking. Mayor Ullom ruled Clmr. McC'lm.1d out of order. 4. Mayor Ullom reported that he had presented the M. V. West Star with a plaque marking the first arrival of the ship in Sewa;rd and trot he had selected a committee to nominate a Junior Mayor for the coming year. HU Volume 14 Regular Meeti1'gof May 11, 1970 Postponed Regular Meeting of May 2S, 1970 page 80 Item 9 - Resolutions, Ordinances and other action items: 1. Resolution No. 788 (see attached), a Resolution authorizing the CUy Manager to quit claim to the Development; CORPORA TlON of North America, Lots 38, 39 and 40, Terminal Addition to the City of Seward, Clmr. Mc Cloud seconded by Clmr Hardy, moved to approve Resolution No. 788. Passed unanimously. Item 10 - Report of Borough Assemblymen: 1. Mayor Ullom reported that the School Budget was cut $373,000.00 for the local effort or 1. 3 mills Borough - wide. Item 11 - Adjournment: Clmr. McCloud moved to adjourn. Mayor Ullom adjourned the meeting at 9:54 P. M. ~1; R~"~ , ,mes . 1 Ip G,City Clerk Treasurer ftLf! {LI{.-~ rn Vf!~Y"" William M. Ullom Mayor Postponed Regular Meeting of May 25, 1970 Item 1 - The postponed Regular Meeting of the May 25, 1970, was called to order by Mayor Ullom on June 1, 1970 at 7:34 P. M. in the Seward Elementary School gymnasium. \ Item 2 - The Opening Ceremony was led by CLtnr. Hardy. Item 3 - Roll was called and those persent were Mayor Ullom, Clror's. Ha:tC'fyo,liulm, Hoogland, Skinner, Richardson and McCloud. Item 4 - Approval of Minutes: Clmr. MCCloud, seconded by Clmr. Richardson, moved to approve the Minutes as presented from the bottom oile/ hal fot page 78 thtough the top one/third of page 80 (R egular Meeting of May 11, 1970). Motion passed with Clmr. Hulm dissenting. Item 5 - Mayor's Report: 1. Junior Mayor designate Pam Kulin was appointed by Mayor Ullom and sworn in by the City Clerk. 2. Appointment.. of a representative to the Kenai Peninsula Borough Economic Development District Board of Directors was postponed until June 8, 1970. 3. City Manager Filip read the letter of resignation submitted by William M. Ullom as Borough Assemblyman (see attached). Clmr. Skinner, seconded by Clmr. Richardson, moved to recess for 5 minutes. Motion passed with Mayor Ullom abstaining. Clmr. Richardson, seconded by Cln\r. Skinner, moved to appoint Clmr. Donald L. McCloud as Borough Assemblyman. Motion passed with Mayor Ullom abstaining. 4. Vice - Mayor Hoogland read a letter of commendation written by Mayor Ullom for City Manager James R. Filip (see attached) for the record. 5. City Manager Filip read the letter of resignation submitted by William M. Ullom as Mayor of the City of Seward (see attached). Clmr. Hulm, seconded by Clmr. Hardy, moved to accept the resignation submitted by Mayor Ullom. Passed Unanim- iously. Item 6 - City Manager's Report: The City Manager introduced Police Chief William T . Bagron to the members of the Council. ' Item 7 - Communications: (1) L~'frer dated 5/28/70 from the District Attorney reporting that the drug problem in Seward wa,a under control and that the need for a Grand Jury was not indicated. Signed Harold W. Tobey Al Volume 14 Postponed Regular Meeting of May 25, 1970 Page 81 I Item 7 - (2) Letter dated 5/14/70 from Airstream Caravans re- porting that a 125 unit Caravan would be in Seward July 11 thru July 13. Signed Robert W. Smith. (3) Letter dated 5/14/70 from William E. Hickinbothan requesting to lease the Municipal Small Boat Harbor. Signed William E. Hickinbothan. Item 8 - Council Discussion: 1,. A proposal to lease Lot 6, Marina Subdivision was reviewed. 2. Clmr. Hulm reported that he in- tended to do everything possible to see that Seward has the best Police force we can afford. Clmr. Hulm requested that a work session with Dr. Hood *and that he was interested in knowing if the State (*be arranged) would maintain Lowell Point Road when school children needed to be bussed into town. 3. Clmr. Hardy reported he was confused over the drug issue in Seward since it apperaed the former Poll ce Chief had it under control. Item 9 - Citizen's Discussion and Public Hearings: 1. Mr. Glud reported that the ACONA would be in port on Wednesday of this week. 2. Mrs. Pat Williams requested that Mr. McCloud apologize. for his remarks at the last regular meeting. 3. Mrs. Morgan stated she was against nerve gas storage in Alaska. Clmr. Hulm and Ralph Bailey supported the storage of gas in Alaska. I Item 10 - Resolutions, Ordinances and other Action Items~ 1. Resolution No. 789, a Resloution authorizingoa temporary use permit for Lot 6, Marina Subdivision. Clmr. Richardson, seconded by Clmr McCloud, moved to adopt Resolution No. 789. Voting yes: Clmrs. Hoogland, Richardson and McCloud. Voting No: Clmrs. Skinner, Hardy and Hulm. Motion fails. Item 11 - Borough Assemblymen's Report: Clmr. Hardy reported that $2,038,000 .00 Had been expended in'the construction of the New Seward School and that the roof of the building needs to be resurfaced. Item 12 - Adjournment: Clmr. McCloud moved to adjourn. Vice-Mayor Hoogland adjourned th,e meeting at 8:48 P. M. b ~ ii- /' mes R. fup . ~ I City Clerk-Treasurer , -J , / . L~" " .L:Lft-'J<-~-, ( ./ Z ~ :'^_~____/ /'Joanne E. Hoogland v Vice-Mayor Regular Meeting June, 8,1970 I Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska for June 8, 1970 was called to order by Vice-Mayor Hoogland at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. Richardson. Item 3 -: Roll was called and those present were Vice-Mayor Hoogland, Clmr's Richardson, McCloud, Hardy, Skinner and Hulm. Item 4 - Approval of Minutes: Clmr. Richardson moved, seconded by Clmr. McCloud, to approve the minutes as presented, from the bottom two/thirds of page 80 'through the top two/thirds of page 81 (Postponed Regular Meeting of May 25, 1970). Passed unanimously. 82 Volume 14 Regular Meeting June 8, 1970 Page 82 Item 5 - City Manager's Report: 1. Mr. Don Rosenberg of the University of Alaska's Institute of Marine Sciences spoke in regards to plans the University had for Seward Station, the support facility the University plans to place in Seward at the site of Transit Shed No. 1. 2 Mr. Ed Atkinson of the Westours reported that some form of entertainment was needed to amuse Westour Cruise Shop passengers in case of poor weather co nditions. Mr. Atkinson was referred to the Chamber of Commerce. 3. The City Manager reported (l} that the Police Department is fully staffed, (2) that he planned a trip to Kenai on Tuesday to pick up Civil Defense supplies for the Police Station wagon and City Hall, (3) that a work session on the Budget was needed. Monday, June 15, 1970 at 7: 30 P. M. was approved and (4) that temporary authority was requested to hire outside the City Limits to fill the Animal Control Officer position. Clmr. Richardson, seconded by Clmr. McCloud, moved to suspend the the residence requirement for this position for 1970. Passed unanimously. Item 6 - Communications: (1) Letter dated June 4, 1970 from Mrs. Lawrence Whitmore protesting about the operation of a restaurant in her- neighborhood. (2) Letter dated June 3, 1970 from Kenai Pe.1insula ,Borough reporting the assessed valuation of Seward at $ 8,865,460.00, signed Gerald D. Heiec, Borough Assessor. (3) Letter dated June 1, 1970 from Hansen, Anshen and Allen, Architects reporting structual defects in the Seward Elementaxy School. Signed Wm. R. Richardson. ' <""- Item 7 - Citizen's Discussion and Public Hearings: (1) Willard Midby suggested Armstrong Avenue be renamed Railway Avenue and that the 011 Depot be retained as an historical site in Seward. (2) William Ullom supported the designation of the Depot as an historical site. (3) Chief Watsjold request ed that no fires be lit at the City dump. (4) Mr. Heinbaugh suggested that the trees bording the dump bE cleaned up in view of the fact that garbage blows into them when its windy. Item 8 - Council discussion: 1. Clmr. Skinner requested the Police Chief to be at the Work Session. 2. Clmr Hulm reported that garbage can~ along 4th Avenue need to be emptied more often ani supported the right of the public to be heard before voting on each Resolution. 3. Clmr. McCloud requested that a letter be written regarding the airport lights project. Item 9 - Resolutions., Ordinance and other Action Items: 1. Resol:Jtion No. 790, a Resolution (see attached) authorizing the purchase of lands owned by General Services Administration located along 7th Avenue. Clror. Hulm, seconded by Clmr. Richardson, moved to adopt Resoultion No. 790. Passed unanimously. 2. Appointment of Representative to the Kenai Peninsula Borough Economic Development District B::>ard of Directors was tabled by unanimous consent to the next regular meeting. Item 10 - Report of Borough Assemblymen: Clmr;"s Hardy and McCloud reported (1) that a transportation study was being made on the Peninsula (2) that the bid for a voactional school at Kenai had been approved and (3) that the new Borough Building was to be completed by 9/1/70. Mr. Hans Hafemister reported gasoline barrels on the dock and suggested that there were bitter feelings between the Harbor Commission arid the Council. ..) () t) ,,) Volume 14 Regular Meeting June8, 1970 Page 83 .. Item 11 - Adjournment: Clmr. Skinner movE..-'Cl to adjourn. Vice- Mayor Hoogland adjourned the meeting at 8:44 P.M. I 1 ~" 1J-~~ {~. /~ /1aanne c. Hooglan 7' Vice- Mayor Regular Meeting June 22, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for June 22, 1970, was called to order by Vice- Mayor Joanne C. Hoogland at 7:30 P. M. Item 2 - The Opening Ceremony was led by Clmr. McCloud. Item 3- Roll was called and those present were Vice- Mayor Hoogland Clmr's McCloud, Skinner, Hulm, Hardy and Richardson, and Junior Mayor Pam Kulin. I Item 4 - Approval of Minutes: 1. Page 81, Item 8-3 should read: "Clmr. Hardy reported that from the letter of District Attorney Tobey he was confused over the drug issue in Seward since it appeared that the former Police Chief had it under control. " 2. Page 81, Item 11 - delete" New Seward School" and insert . "High School building. " 3. Page 82, Item 8-2, should read "Clmr. Hulm reported that additional garbage cans are needed along 4th Ave. and they need to be emptied more often... "Clmr. Richardson, seconded by Clmr. McCloud moved to approve the Minutes as corrected from the bottom one/third of page 81 through the top one/third of page 83. Passed unanimosly. Item 5 - City Manager's Report: The City Manager reported (1) that a Planning and Zoning meeting wlJuld be held on July 8, 1970 to discuss the propossed Borough Zoning Ordinance, (2) that the two barges in the Small Boat Harbor had been moved, (3) that a marine radio is in operation in the Harbormaster building and (4) that the E. D. A. applic;'ltion for the Wharf construction project has been submitted to the Anchorage E. D. A. office Item 6 - Communications: 1. Letter from General Telephone Company of Alaska, dated 5/24/70, transmitting mpies of the 1969 audit as required. Signed G. H. Ball, General Mfmager. 2. City Mcll1ager Memorandum dated 6/22/70 (see attached), I Item 7 - Citizen's Discussion and Public Hearings: 1. Mr. Hein- bough stated he wanted 12% interest on his sewer assessment refund when it was made. 2. Mr. Robert Glud pointed out the Budget procedure as specified in the Charter and reported that the Budget was late this year. 3. Mr. Norm y,.Taggy reported vandalism at the Old Hospital and storage of crab pots on the property. Item 8 - Council Discussion: A Special Meeting was scheduled for June 29, 1970 to hold a public hearing on the proposed Budget and to declare certain accounts uncollectalJle. Clmr. Skinner suggested a work session following the Special Meeting to disGUSS the housing problem in Seward. Clmr. Hulm requested that citizens be given an opportunity to comment on each Resolution before it was voted on (no objection) and requested that the City Manager represent the City at the Civil Aeronautics Board hearing in Anchorage. Clmr. Hardy reported that a request to the Borough would allow house trailers 84 Volume 14 Regular Meeting June 22, 1970 Page 84 Item 8 - on private lots in the City. Clmr. Richardson asked if the Development Corporation of North Amercia had been heard from lately (no reply received) and suggested that work sessions be taped when members of the public were present. Item 9 - Resolutions, Ordinances and other Aciton Items. 1. Resolution No 792 (see attached) a Resolution commending Robert R. Fyles for eighteen years of service to the communtiy. Clmr. McCloud, seconded by Clmr. Richardson, moved to adopt Resolution No. 792. Passed unanimously. 2. Resolution No. 793 (see attached). A Resolution commending V'alter E. Hedman for ten years of service ~ to the community. Clmr. Hardy, seconded by Clmr. McCloud, moved to adopt Resolution No. 793. Passed unanimously. 3. Resolution No 794 (see attached) a Resolution amending No. 753 and increasing the City Manager's salary to 19,800.00 per year. Clmr. Richardson, seconded by Clmr. McCloud, moved to adopt Resolution No. 794. Discussion followed. Motion rassed with Clmr. Hulm dissenting. 4. Resolution No. 795 (see attached) a Resolutionaccepting the audit of the General Telephone Company's Seward exchange for the year ended 12/31/69. Clmr. Richardson, seconded by Clmr McCloud, moved to adopt Resolution No. 795. Passed unanimously. 5. Clmr. Skinner, seconded by Clmr McCloud " moved to appoint William Vincent to the Economic Development District Board of Directors. Passed unanimously. 6. Clmr. McCloud seconded by Clmr Richardson, moved to appoint Emmitt Hill to the City Council. Passed unanimously. 7. Clmr. Skinner, seconded by Clmr. McCloud, moved to appoint Joanne C. Hoogland as Mayor. Motion passed with Vice- Mayor Hoogland abstaining. 8. Clmr. Skinner, seconded by Clmr. McCloud, move(ljto appoint Monty H. Richardson as Vice- Mayor. Motion passed with Clmr. Richardson abstaining. Item 10 - Report of Borough Assemblymen: 1. Clmr. McCloud reported on the Borough Budget, Construction of the Kenai Hospital and revenue sharing for Hospitals at Kenai and Homer. The next Borough meeting is July 7th. Item 11 - Adjournment: Clmr. Skinner moved to adjourn. Mayor Hoogland adjourned the meeting at 9:12 P.M. b fl ..PI '- k~(i!<l",L,~ ,ames R. Fili~/ v10anne C. Hoogland C/ City Clerk Treasurer Mayor Special Meeting June 29, 1970 Item 1 - The Special Meeting OF the Common Council of the City Of Seward, Alaska, for June 29, 1970, was called to order by Mayor Joanne C. Hoogland at 7:31 P. M. Item 2 - The Opening Ceremony was led by Clmr. McCloud. Item 3 - Roll was called and those present were Mayor Hoogland, Clmrs. McCloud, Skinner, Hulm, Hardy, Richardson and Hill and Junior Mayor Pam Kulin. Item 4 - Public Hearing: Proposed Municipal Budget for 1970 - 71 1. Mr. Robert Glud spoke against the hearing and indicated the Charter specified the correct procedure. Council indicated the City was following the spirit if not the letter of the law. The administration admitted the delay and suggested it meant a two week delay in the normal process. ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD/SITY COUNCIL \ VOL 14 - ):AG~~' /~/r." /(,.' :: ' / '>Jame'S/R. ~il . p, /. Ci ty Cl erk- Treasurer , CITY OF SEWARD CITY MANAGER CA 4-5214 COMPTROL.LER CA 4-521S P. o. BOX 337 SEWARD, ALASKA 99664 INFORMATION CA 4-S2tS C 0 U N C I L M E M 0 RAN DUM TO: Vice-Mayor and Council FROM: City Manager SUBJECT: Focs'le Zoning DATE: June 22, 1970 I have reviewed the Focs'le Zoning and find that it is in violation of the current and proposed zoning regulations. It is the opinion of the City Attorney that the City Manager cannot authorize the occupancy of any structure committed to a use not permitted by the City's applicable Ordinance. The Ordinance residential) district. an occupancy either. prohibits a restuarant in the R-l(single family The proposed Ordinance does not provide for such In my opinion the implied violation often results from a change in administration in City offices and creates the possibilities of a use not permitted under the City's current regulations. It is my feeling that the City Council should not attempt to enforce its zoning regulations on a retroactive basis and in this case should not attempt to close the facility on the basis of a possible zoning violation. The Council should direct the administration to prohibit additional construction until and unless a r&eoning is obtained by the owner and/or operator of the establishment. The letter of complaint submitted by Mrs. Lawrence Whitmore has been noted in the City's files and a copy of this report will also be included therein. Should Mrs. Whitmore feel this is not an appropriate solution to her complaint, it would be my suggestion that she see an attorney to forward a request to the Court for an amendatory injunction against the operation of a resaurant in a residential zone. Under the possibility of the restaurant closing for an indefinite period of time or bringing the area back into conforming use, the Council may consider an Ordinance specifying that the restaurant must terminate its operation in a period of time satisfactory to the City. ATIACIIED TO AIlD IIAIlE A ,AIlT Of TIll MINUTES DF THE ~ 1~A ~!MI R. ,nip, . , ctt1 Clerk..Treuurer i/ THE CITY OF SEWARD, ALASKA PROCLAMATION WHEREAS; The President of the United States of America has urged Americans to "Discover America", and WHEREAS; Seward has been designated as the "Fun Capital of Alaska", and WHEREAS; The City of Seward wishes to extend official greet- ings and welcome to the members of the Airstream Wally Byam Caravan to Alaska; NOW, THEREFORE, I, Joanne C. Hoogland, Mayor, and the City Council of the City of Seward, Alaska, on behalf of the citizens of Seward, do hereby proclaim Saturday, July 11th, Sunday, July 12th, and Monday July 13th, 1970, as WALLY BYAM CARAVAN DAYS and do hereby request that the citizens of the city welcome the members of the 1970 Airstream Wally Byam Caravan to Alaska. This proclamation made this 10th day of July, 1970, at Seward, Alaska ~ rf~/l .. , ~ ~~. ' . """,--CA.-, ~___..,(.=-~~ ;. Joanne C. Hoogland, Mayor, City of Seward q;'!n7~8 ,r}(. \),I,'!) '.' James R. Filip City Manager I I I t35 Volume 14 Special Meeting June 29. 1970 Page 85 Item 4- Mayor Hoogland polled the audience for additional comments. There being none the Public Hearing was closed. Item 5 - Resolution No. 796, a Resolution (see attached) declaring certain accounts uncollectable. Clmr. Skinner, seconded by Clmr. McCloud, moved to adopt Resolution No. 796. Discussion followed, Motion passed unanimously. Item 6 - At the request of the Charmber of Commerce the City Manager was to be sent to Washington D. C. to participate in the Civil Aeronautics Board Hearings regarding Alaskan Air Routes. Clmr. Hulm, seconded by Clmr. McCloud, *to send the City Manager to Washington D. C. and * moved to pay one/half of the expenses as suggested by the Chamber of Commerce. Passed unanimously. Item 7 - Adjournment C1mr. Skinner moved to adjourn. Mayor Hoogland adjourned the meeting at 8:42 P. M. J,"C--<-><-< / (~ ~~{;L~~ Aoanne E. Hoogland Ma yor Regular Meeting July 13, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska for Julyl3, 1970 was called to order by Mayor Hoogland at 7:43 P.M. Item 2 - The Opening Ceremony was led by Clmr. Hardy. Item 3 - Roll was called and those presEnt were Mayor Hoogland, Clmr's Hardy, Hulm, Skinner, Richardson, McCloud and Hill. Item 4 - Acting City Managers' Report: The Acting City Manager Burton W. Baugh reported on Shared Revenues and the City's respon- sibility in reducing taxes accordingly, tree clearing along the right of way of the pole line, and removal of lockers placed on the float system in the Boat Harbor area. Item 5 - Communications: (1) Letter dated 7/9/70 from Martin N. Kowalski resigning from the Seward Planning and Zoning Commission (2) Letter dated 6/22/70 from Keith L. Knighton resigning from the Harbor Commission. (3) Letter dated 7/1/70 from American Home Assurance Company advising limits of liability to $50,000 .00 in William M. Ullom VS. City of Seward. Signed Robert F. Lyncheski, Examiner. (4) Letter dated 7/6/70 from Clifford Schoon indicating his desire to continue the Jesse Lee Home project if allowed to do so without time or money restriction. Signed Clifford Schoon. ltem 6 - Citizens' Discussion and Public Hearings: 1. Public Hearing on Proposed sale of Lot 19, Block 2, Jesse Lee Heights Subdivision and Lots 1 - 10, 26 - 40, Block 22, Originial Townsite. Mayor Hoogland opened the Public Hearing. Mayor Hoogland closed the Public Hearing. Item 7 - Council Discussion: 1. Clmr. Skinner expressed his interest in not involving the City in further controversy regarding the proposed sale of these properties without a bid offering and that the City should explore the possibility of geHing nav,igation aids in this area for air traffic. 2. Clmr Hulm requested $100.00 to purchase brochures on alcoholism for local distribution. Clmr. Hardy, seconded by Clmr. Skinner, moved to approve the ec<.penditure. Passed unanimously. R6 Volume 14 Regular Meeting July 13, 1970 Page 86 Item 7 - 3. Clmr. Hardy, seconded by Clmr. McCloud, moved to accept the Ir'eagnation of Kei th Knighten and Martin Kowalski from the Harbor Commission and Planning and Zoning Commission respectively. Passed unanimously. 4. Clmr. Hardy, seconded by Clmr. McCloud, moved to approve the request of the Episcopal Church for a chicken dinner stand in the Harbor area and the Salmon Derby Food Concession to use the South end of the Harbor- master's Building. Passed unanimously. 5. Clmr. Richardson restated his intereEt in extending electrical service to the Harbor area. 6. Clmr. Hill expresed his intelESt in aircraft navigation equipment for Seward. Item 8 - Resolutions, Ordiances and other Action Items: (1) Resolution No. 797, a Kesolution adopting the Municipal Budget for 1970 -71 and setting a Mill Levy. Clmr. Richardson, seconded by Clmr. McCloud moved to adopt Resolution No. 797. Passed Unanimously. 2. Proclamation - Wally Byam Caravan Days. Item 9 - Report of Borough Assemblymen: 1. Clmr. Hardy reported that a new fire Marshal has been hired for the North Kenai area by the Borough; that the new Seward School needs drapes and curtains which were not included inthe originial bid and these will be pur- chased from construction funding ,that a covered walkway will be installed due to winter ice conditions and that a standard school accounting system will be established for all Borough Schools. o Item 10 - Adjournment: Clmr. Skinner moved to adjourn. Mayor Hoogland adjourned the meeting at 10:13 P. M. 73 Uu -/;;;: Lu, If ao d / Burton W. Baugh v Acting City Manager , ..... '/ / ft. .~.-?l-;C ~ ~ 6/Hr- 'J Ip--~-.l.. / oanne .. Hoogland Mayor Regular Meeting July 27, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska for July 27, 1970 was called to order by Mayor Hoogland at 7: 32 P. M. Item 2 - The Opening Ceremony was led by Clmr. Hill. Item 3 - Roll was called and those present were Mayor Hoogland, Clmrs. Hill, Skinner, Hardy, McCloud, Hulm, and Richardson. Item 4 - Clmr. Richardson, seconded by Clmr. McCloud, moved to approve the Minutes as presented, from the bottom two-thirds of page 83 through the top one-half of page 86 (Regular Meeting of July 13, 1970). Passed unanimously. Item 5 - City Mananger's Report: The City Manager reported (1) that while in Washington D. C. he had discussed various topics including a homing beacon for the airport, the KlBH radio license and the expansion of the Harbor breakwaters, (2) that the preliminary census Count for Seward was 2,649 (3) that the Michie Company indicated the City's Code would be finished by the end of the year, (4) that Planning and Zoning had recommended that Linne R. Bardarson be appointed to the P & Z Commission. Clmr. Hulm so moved, seconded by Clmr. Skinner, Passed unanimously. and (5) that Highway funds for Resurrection River Road are "eJexpcted and that a motion is required to authorize the City Manager to hire Herman E. Leirer to superintend the proj ect. Clmr. Skinner, seconded by Clmr. McCloud, so moved. Passed unanimously I I I · Volume 14 Page 87 87 Regular Meeting July 27, 1970 Item 6 - Communciations: (1) Copy of a letter dated Junel2, 1970 from the City Attorney to Jack Coghlan notifing him to vacate City property at 4th and Armstrong by July 31, 1970, signed Kenneth P. Jacobus. (2) Letter from the State department of Administration enclosing application forms for Revenue Sharing. Signed T.K. Downes, Commissioner. (3) Letter from L. Roscoe Livingston suggesting a Rifle and Pistol range be set-up in Seward. Council suggested that Mr. 1.ivingston the Police Chief and the City Manager could co-ordinate this project. (4) Letter dated June 25, 1970, from Kenai Packers requesting permission to install a fiBh elevator on the Boat Lift Dock and offering to pay 1/8c per lb. for the fih r million pounds and 1/16 c per lb. on all fish handled in excess of one million lbs. /S/ H. A. Daubenspeck, President. No Objection. (5) Letter dated 7/22/70 from the Seward Chamber of Commerce requesting the City to support the creation of a fully manned weather station in Seward, signed Jack Hoogland, President. (6) Letter dated July 13, 1970, from the University of Alaska, Institute of Marine Science requesting approval of the removal and sale of the boilers in the old Reaiload Power House. Signed Donald H. Rosenberg, Executive Officer. Clmr. Hulm so moved, seconded by Clmr McCloud. Passed unanimously. Item 7 - Citizen's Discussion and Public Hearings: (1) Mrs. Pat Williams stated that the Planning and Zoning Commission should be composed of a cross-section of the Community. (2) Mr. Philip Faulkner reported that not one Councilmember had attended the Planning and Zoning meeting held to discuss the preposed Zoning for Seward. (3) Mr. Bob Glud asked that the Borough Assemblymen be aware of the Zoning Ordinance in detail. Item 8 - Council Discussion: Je Jesse Lee Home Properties: The City Manager recommended that Council authorize the Jesse Lee Home properties to go to bid a second time. Mr. Oliver Amend, representing the Development Co- rporation of North America, spoke in favor of allowing the Development to proceed but on a reduced scale. Mr. Amend statee that it was his felling the project would go over $9 , 000, 000. 00. lmr. Hulm, seconded by Clmr. Skinner moved to hold a meeting with all of the principals and the Council in Seward during August to negotiate the furure h<;l.lldling of the Jesse Lee Home properties. Passed unanimously. (2) Clmr. Richardson asked about the progress on the electrical installation in the Harobr and was told that the work was pending the completion of the drawings by the City Engineer. 3. Clmr. Hill asked if a letter had been written to the F. A. A. regarding navigational aids and it was reponed that the letter had been sent. 4. Clmr. McCloud asked if word had been received concerning the airport lighting project. The project status was to be checked out as soon as possible. 5. Clmr. Hardy requested a letter from the City Manager in regard to the City's Boundries at the south edge of town. Item 9 - Ordinances, Re solutions and other Action Items: 1. Resolution No 791 (see attached) a Resolution providing for the sale of real property (Lot 19, Block 2, Jesse Lee Heights Subdivision and Lots 1 - 10, 26 - 40, Block 22, Origninal Townsite). Clmr Richardson, seconded by Clmr. Mc Cloud moved to adopt Resolution No. 791. Passed unanimously. . 2. Ordinance No. 373 (see attached) an Ordinance repealing and reen- acting the general penalty provision of the Seward Code of Ordiances. First Reading. Clmr. Hulm, seconded by Clmr. Hardy moved to approve Ordinance No. 373 and advance it from first to second reading. Passed unanimously. 3. Ordinance No 374 (see attached) an Ordiance pretaining to the dress of female employees where alcoholic beverages are sold and setting an effective date. Clmr. Hulm moved to approve Ordinance No. 374 and advance it from first to second reading. Motion died for lack of a second. 4. Depot roof repair bid. the City Manager recommended the only bid received be rejected and that the City Manager be authorized to negotiate the Depot Roof repair project. Clmr. McCloud so mewed, seconded by Clmr Hardy. Passed unanimously. RS Volume 14 Regular Meeting July 27, 1970 Page 88 Item 9 - S. Pole line Right-of-way Clearing Project. The City Manager requested authority to hire two temporary employees at prevailing rates for the clearing project. Clmr. McCloud, seconded by Clmr. Richardson so moved. Passed unanimously. Item 10 - Report of Borough Assemblymen: None Mayor Hoogland J~~c J(~,J;,.~ Joanne C. Hoogl~nd Mayor Regular Meeting August 10, 1970 Item 1 - The Regular Meetingof the Common Council of the City of Seward, Alaska, for August 10, 1970 was called to order by Mayor Hoogland at 7:32 P. M. Item 2 - The Opening Ceremony was led by Clmr. Richardson. Item 3 - Roll was called and those present were Mayor Hoogland, Clmrs. Richardson, McCloud, Hardy, Skinner, Hulm, Hill and Junior Mayor Kulin. Item 4 - Approval of Minutes: A correction in the motion in Item 8 - I, page 87 was noted as follows: "tlmr. Hulm, seconded by Clmr. Skinner, moved to hold a meeting in the Council Chambers as early as possible in August with Mr. Clifford Schoon and his attorney, the City's Attorney and the City Council to work out what differnces exist in the Jesse Lee Home sales document. " Clmr. Richardson, seconded by Clmr. McCloud moved to approve the Minutes as corrected from the bottom one/half of page 86 through the top one/third of page 88 (Regular Meeting of July 27, 1970). Passed unanimously. ;\ Item 5 - The City Manager reported (1) that no reply from Mr. Schoon or the Development Corporation of North America had been received to date, (2) that the airport lighting project had been set back until September; (3) that the City proposed to establish alternate parking in the downtown area if there was no objection (no objection); (4) that Federal Aviation Administration officialS? had visited Seward and held little hope that present navigation system could be installed in the Community due to the nearness of the mountains to the airport: (5) that Yukon Inc. had requested that Lot 13, Seward Municipal Small Boat Harbor Subdivision be put up for bid if Council had no objection. (No objection). and (6) that correspondence items could be held until the next regular meeting if there was no objection. (No obj ection). Item 6 - Communications: Postponed until the next regular meeting. Item 7 - Citizens' Discussion and Public Hearings: 1. Public Hearing on the proposed lease of Tract 1, Seward Waterfront tracts to the University of Alaska. Mayor Hoogland opened the Public Hearing. Mr. Bob Glud of Seward spoke in favor of che proposed lease. Mayor Hoogland asked if anyone else desired . to be heard. No one spoke. Mayor Hoogland closed the Public Hearing. R~) Volume 14 Regular Meeting August 10, 1970 Page 89' Item 7 - (2) Public Hearing on the proposed purchase of Lots 11 and 12, Marathon Addition. Mayor Hoogland opened the Public Hearing, no one spoke. Mayor Hoogland asked if anyone desired to be heard. No one spoke. Mayor Hoogland closed the Public Hearing. I Item 8 - Council Discussion: Clmr. Hulm requested that letters be sent to our Alaskan delegate in Congress and to the Senate Majority Leader and Speaker of the House to protest the possible five year extension of the Alaska Native land claLms land freeze. Clmr. Hulm suggested that the air route naviagation system problem be pursued at the State level and that the fence along 4th Ave. in the downtown area needs to be repaired. Clmr. Richardson expresed his concern about the Jesse Lee Home properties and inquired that the propesed negotiation could only take place during August. Council agreed. . Item 9 - Resolutions, Ordinances and other Action items: (1) Resolution No. 799 (see attached) a Resolution establishing City petty cash funds. Clmr. McCloud . seconded by Clmr. Richardson moved to adopt Resolution No. 799. Passed unanimously. (2) Resolution NO. 800 (see attached), a Resoltuion committing funds received for Health purposed for the operation and maintenance of health services or facilities. Clmr. McCloud, seconded by Clmr. Hulm, moved to adopt Resolution No. 800. Passed unanimously. (3) Ordinance No 373 (see page 87) an Ordinance repealing and reenacting the General Penalty Provision, Seward Code. Clmr. Skinner, seconded by Clmr McCloud, moved to read Ordinance No. 373 by title only. Passed unanimously. Ordinance No 373 was read by title only. f'Imr. Skinner seconded by Clmr. McCloud moved to advance Ordinance No. 373 from second to final reading and adoption. Passed unanimously. I Item 10 - Report of Borough Assemblymen: Clmr. McCloud reported 1. that the recerltly defeated bond proposition would appear on the October ballot, 2., that the Borough Building cost to date was $1,985,000.00, 3. that the Peninsula census count was approximately 17,000, 4. that the School Budget was short $316,000.00 Clmr Hardy reported that the schools well close in March for vacation if funds are not received. . Item 11 Adjournment: Clmr. Skinner moved to adjourn. Mayor Hoogland adjourned the meeting at 8:24 P.M. f~ ;(1 Jatnes R. Filip City Clerk- Treasurer tLr , - / C ~.~ CV 7V''''--'''--? ;-r-~ oanne C. Hoogland .7 Mayor x X X X X XX X X I XXx 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 XX X X o. 1 nsed 10/66 ~ ~ 7HE CI'I'I OF S&lARD .CKNOWLEOOE IS HERBY MADE OF RECEIPT AT '!HE TIME AND DATE WRITTEN HEREON OF NOTICE OF SPECIAL MEETING OF '!HE COUNOIL OF '!HE CITY OF SEWARD ro BE HELD AT 7 :30 P.M. DECEMBER 2 19..6.a- 00 '!HE WRI~ REQUEST OF CITY MANAGER FOR THE PURPOSE OF 1. Halibut Producers Proposition on Plant Building. 2. Alaskan Scallop Processors on Dock use. Date Time sher /;)-/2/61 / o. Lfc; (11vJ ( ;).. ;).-{o.r 10; '1> 1Jr\ :3. , /' ,/ , ' I (t-I;<- jr:~' I L (, I , ( I ''1 f /. <.t ~ ~ I ~'.1 I ./.. /I" C '7'-'/'1 4 f/!'"" (feL-z~_, i/;''''hv/ . /2/2 Ice J r/:, , ,1M - '. . ',IJ It 5. .tn7-''Q. ~ il~'1~ 0/7A~1/fbc{ /' ">: - : _". 1 I (/6 /----. ~ --) ; .--. . '- '{,lil'-. \,__.> ____...._'"-......t . ~ / ,?/,/~' f7 /.'; j 'I?/Vl }'" ; f . ~_1 fJ ,..,....' J _ ~ f . .-' '-- I .' . 7. P.~ (,1IJ)"5'\ ~ (')~\",., R. . .~ . )'-.)ili-u~ ) ~/z~1t r Io/:~/"; '--'.:/;~ /_~L,/// j c.<~.0 A.JvL AFFIDt\Vrr OF SERVICE I, . do hereb7 swear t.hat I delivered the abewe described ntrt.ices to the person signing therefor at the place .r business of the Councilman or publisher, or at the COUl1oilman's resid- ence if no place or buisiness at the time and date listed. Subscribed and sworn to berore me this day of 19_. !...:'''' I'; ,,1 ~. '~'f --;.~~-- "'l;\' :1" 1 \:, J}..: . : ~~.l !;. ...' ; :.i:. . \ '.-0' ~ ~ _..~..._--_.__...,. ~ ~'.""""'"""-" ~04''''''' --. -_,--::-.~~_~.:,:,:;",,__"'-:-~~:"""_-;":,._"'::;;"";fr. '~4l""'-"-"'-"" . "---- .........., '___..... -~......:.::.:'...:.-:., ....,...1' .."h' ...-~ ..', .... . i.' ,.' fq j~ .. ',:~ ' :0.' -. ~ ,j, ~' ). ';r-. ~}~,~ !t., . ._~,. "~~._.. ',!, . '''.;., . ...-...... .... "..-' ..- .._...... ~..,... "-,~' '., ',. ;~,,::-.:!:-::~.:;.::,.;'_~_,.:: ',)"A .."0' _. ~ .... ..... ~.~.,......_--,-, ~ .~ ..~....;f...:...;~.~; _~ .,....., ~. . ,*,!>-r ,.. ...... ..,>,,~... '1'.:-' }. . " '^. -' ..:. -.......-....., ~- ~.......-.~ .....-;-: :-::::::: .>...~::~....-. ..'....,,*...~~. ".~'~~, " ,-- ." -- ATTACHEQ TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL , ('YOL. 14 -~. = ~'< \ .I:-~ ~, ,?.,.t, ,{Jame~ llip, ~ C City Clerk-Treasurer ity of Seward .,. :~ , ,j' ~l !,~J~' , ,_:\; '" -:"; ~ R~~4! ;: ~(:2 : ,-~': ': ' -,~~'; , C 0 U N C I L M E M 0 RAN DUM TO: Mayor and Council CITY MANAGER CA 4-5214 CITY CLERK-TREASURER CA 4-5216 INFORMATION CA 4-5215 p, 0, BOX 337 SEWARD. ALASKA 99664 FROM: Ci ty Manager SUBJECT: Sale of the City's I.Q.F. unit to Seward Fisheries DATE: October 27, 1969 Seward Fisheries is prepared to purchase the I.Q.F. equipment on the following payment schedule: 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 Balance Due $138,000.00 131,040.00 122,472.00 112,215.60 100,186.38 86,295.70 70,450.49 52,553.01 32,500.66 10,185.69 Ann ua 1 Paymen t $12,000.00 12,000.00 12,000.00 12,000.00 12,000.00 12,000.00 12,000.00 12,000.00 12,000.00 10,185.69 $118,185.69 Incentive 5%/Balance $ 1,200.00 $6,420.00 2,400.00 5,832.00 3,600.00 5,343.60 4,800.00 4,770.78 6,000.00 4,109.32 7,200.00 3,354.79 8,400.00 2,502.52 9,600.00 1,547.65 10,800.00 485.03 $54,000.00 $34,185.69 The annual payment and incentive will be due one year after the agreement to purchase is signed by Seward Fisheries and accepted by the City of Seward. Seward Fisheries has requested the following arrangements be con- sidered part of the purchase agreement: [lJ Transfer the current H.P.C. lease to Seward Fisheries without modification.(Current building on lot 11) [2J Prepare a Dock Use agreement for portions of the City Dock and the Boat Lift dock. [3J Award an "option to lease" lot 10 for one year for $3032j1(H per sq.ft. per year). [4J The City will determine if the leased lands can be sold as soon as possible. ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD COUNCIL MEMORANDUM Page 2 [5J Operation of the plant by Seward Fisheries will be handled in such a way as to not interfere with the Boatlift or the grid or with other parties currently using the City Dock and/or Boat Lift Dock. [6J The City agrees to prepare a Dock Use license to expire December 31, 1979. [7J The City agrees to retain the lease rate on lot 11 as specified in the current H.P.C. lease and to maintain the lease rate as established at 3~ per square foot per year for lot 10, from the lease date through December 31, 1979. Escalation of the annual lease rate will be made at five year intervals, according to standard municipal lease provisions, beginning on January 1, 1980. t ,. ~ ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL '~OL 14 'l'AG~/ '~~ IL, James R. Fil P. City Clerk-Treasurer William uff. Ullom Sox 1256 SEWARD. ALASKA 99664 ~~~--~~-~--~---~--------~~--~-----------~ pHONE CA 4-3540 MEMBER, SEWARD CITY coUNCIl- ASSEMBL.YMAN, KENAI PENINSUL.A BOROUGH June 1, 1970 Mrs. Joanne Hoogland, Vice-Mayor Members of the city Council Members of the Council: For twenty months I have served as one of Seward's two representatives to the Kenai peninsula Borough. It has been my pleasure to have served with such excellent Assemblymen from Seward as former Assemblymen Bill Vincent and Gene Skinner, and with present Assemblyman Phil Hardy. For personal reasons I al- ways drove my own car and passed some of the savings back to the City of seward in the form of a reduced expense allowance. I deeply enjoyed the Assembly, so much so that I missed only three of the regular or special sessions of that body in those twenty months. I have not missed a meeting of the Assembly in the last year. My only reason for telling you all of this is to give you the background for a request I make in this letter. Tonight I am announcing to you my resignation as Assemblyman from Seward. It does not appear to me that Council need vote on accepting that resignation; therefore, I rule from the chair that the resignation is an actuality and Council need only appoint a successor. seward is an integral part of the Kenai Peninsula Borough and it behooves seward to send the best possible representation to that body. The drive is long, sometimes the meetings are long, and much work is involved in serving~. In the past, the question has usually been not lIWho is best qualified to serve seward at Soldotna?1l but IlWho will accept the job?1l I ask you now as Mayor of seward to give serious consideration to selecting the best possible representative from the Council to the Kenai peninsula Borough Assembly to insure full representation for this city on that body. The Assembly meets in regular session tomorrow night at Thompson1s Log in Soldotna at 7:30 p.m. Very truly yours, "1 :", ' 7') '/ }/,/LCLld)'h ) L I/I~)h, William M. Ullom Borough Assemblyman Kenai Peninsula Borough ATTACHED TU AND MADE A PART or THE '''1'.r~r s OF THE SEWARD CITY COUNCIL , YOL 14 -fG~ ~. Fl11p, , Citt Clerk-Treasurer CITY OF SEWARD a' v"l'I '~\ I, ~I:' :.;..~' ,,,,:,,.-;,<:, " : T Y IV! A N A ,.; E R c.' A . - 5 2 t-4 p, " ':. COMPTROL.....E:R CA 4.521~ !."-,J::"ORMAT10N CA 04-5215 'I\''\'/-\~,[) ,::,.\....~ i)',(:<~ June 1. 1970 City Manager Mr. James R. FiliP. Box 337 s&ward. Alaska Dear MI'. Filip: When I rirst was seated an the C~uncil in October 1968, you were serving ~he City in the dual capacity of City Clerk-Treasurer. Council approval of the fine job YClU had done tor the community was shown by your unanimous appointment as Acting City Manager on April 8, 1969, for a ninety-day period. At the end of that trial period. Council appointed you the City Manager of Seward and retained you. as well, in the positions of City Clerk-Treasurer. Your devoted and excellent service in all three capa- cities has afforded the city a considerable savings in salaries. a fact which no City Council every overlooks. After my election as Mayor of Seward in October 1969, I have neces- sarily worked sem8hat mere closely with you and have seen at first hand how tightly-oDganized an administration you have attempted to operate. In th eight months that I have served as Mayor, I have noted your continued attempts to economize in every possible way. It is my personal conviction that you have done an excellent job for us as City Manager the past fourteen months. YOUI' honesty and forthright- ness toward problems facing us has been of great help in finding solutions to many of those problems. The same approach in the future will help to maintain an efficient, healthy city government. As my last official act as Mayor of seward, I am pleased to publicly record my personal gratitude for yOUI' fine job and to extend my official commendations to you for your fine service to the City of Seward. It has been a privilege to have been associated with you in mutual service to tho city. I extend to you my best wishes for continued success. Ver;;r. truly your s, '2ft L~ a-';'" In ULLtJ-YlA.- William M. Ullom N.ayor of Seward . . ATTACHED TO MD MADf A PMT OF THE MINUTES OF THE SEWARD CITY COUHCIL /:~~~' ( C1 ty cleri~iife.. Seward, Alaska, June I, 1970. Vice-Mayor Joanne Hoogland Councilmembers: Monty Richardson, Don McCloud Phil Hardy Bernard Hulm E. G. skinner Dear Madam Mayor and Members of the City Council: Extraordinary circumstances bring me to this particular point tonight. After much thought and deliberation, and with great reluctance and regret, I herby tender my resignation as Mayor of Seward. This decision is irrevocable. It is a most painful decision to arrive at: Sometimes each of us arrives at a cross- roads in life, where circumstances force us to make a decision which we would rather put off to another time, another place. I am resigning immediately because if the city of Seward becomes directly involved in litigation on lawsuits now being prepared for me by the law firm of Reasor, Tunley, and Ross, such a situation would involve me in a serious conflict of interest were I to continu~ to serve as Mayor. Very truly yours, :J1 ~~;4Yl./ 7Y). ~~ william M. Ullom Mayor of seward. WMU/po PROCLAMATION ATTACHED TO AND A PART OF THE MINUTES OF THE SEWARD ~~~ ~~~N~~t. l'4 / / . ~ /J~~'1R: F1fu,:C1t~ tlerk-Treasure PROCLAMA nON WHEREAS the week of December 1-5 has been declared national CIVIL AIR PATROL WEEK aod WHEREAS the Honorable Keith Miller has set aside those same dates to honor the CIVIL AIR PATROL in Alaska, I, William M. Ullom, Mayor of Seward, Alaska, hereby pro. claim the week of December 1-5, 1969, to be CIVIL AIR PATROL WEEK in Seward, Alaska, and urge aI\ citizens to acquaint themselves with the work of this orpltizatioJI. ., ,:1f~./Ut;;1-1h 2vlt,1/\-- (sf William M. OUom Mayor .Attest: James R. Filip 'pty C1erk WHEREAS the 4-H Oubs of America are dedicated to tesc iog the youth of America a variety of skitk which enable the to lead produdive lives both as youth and adult~, and WHEREAS the 4-H motto i:mphasizes the use of the hands the heart, Md the head to bring about individual health, and WHEREAS Mrs, Lillian Dangler of Seward, A1l1ika, has f ~.fift years served as a 4-H leader in Seward, !'tOW. THEREFORE BE IT RESOLVED, that the residents 0{ &wild view with distinct pride the accoDlptisbments of this reIIUIIkaIJIe citizen in her devotion to the youth of Seward. and FURTHER BE IT RESOlVED that November 20. 1969, is hereby proclaimed LILLIAN DANGLER DAY IN SEWARD ALASKA and aU are urged to extend their cOftliratulations and good wish for continued service in this maJlliflCent cause, Whereunto I set my~and,and seal of the City of Seward, Al- aska, )/ ( t't:l A.:, ' /)) ((,2~1-rV'- "William M, Ullom Mayor Attest: James R, Filip City Clerk "1'1'...---- -. ATTACHED Hi AND ~{WE A PPRT OF THE MINUTE~ OF THE ~~WARD cnI COUNCIL . '10.' L. 14 -,>>age,:,6LO ,. '" / -, , " /{';~>R i '::- '1 :I \.. "I .)~;~:.:':; "~'~'\\ / (;~~~\l~r~~ T~~~sUrer '~> ~ L\...... 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"'~ V~ q'~ ", ,"'rI..':t~ )7 , ~,.r .(: . ," . >. ~ ' /.... . ~ 'e ,:. ,",",~.. ~, , v '" l> ' l' , . I ~:. 'f/ l:.c . " . OJ" ,>> ." *~ " ,>' "c/,' . '.' . ': "~ .~::~~,:p' .~' .' :.' ; ,'It':: fUm18he4 _ ""0":0 -. 1il 1963. 'ft~I(" "'WWli ~n1aa.nt Of t)ie bu.. . pleoed upon "', " . ,,-- otfiae a.ncl have been t1.l1nC more casea ...... .t~ ,. .....2 Rule 'if7 ta> (1) ot the Rules of cr1BdMl ~ 'IJt~.,. , ' "tone prosecuting attorney must state the. 04..e:!1...'.i......'..!. C8. ... t1.0I\. '#' and may br1e:tly state the evidenoe by which he, . '" to ..~ it". Bela, awe.re of the cost to the o1ty in " ~,~a ,.' p1'O.eout~ attorney for all of it. ca.e.~ 'bUt ~~I~ . neoessity or aasisting the police ~partaM't 1n:l.,-, I .,. ... ma1nta:l.n If.W and ol'der, the oourt baa .....J'I8d t~ ' i. . ' p;i'Ope:rl;Y co~ot a court, we ahot114- ~ el"CtOO" , ft. " 01.rIl ant a P$'Q..outiM attornq at; .... ., tl'~. !he ,;_1at~';tll ,...rd .' .', ,.'., a Pt'9..outo.. "oo....~__~Wi...,.. ' . W~\lt . I'lt~t.;.l " " _ OOtl:t't ....~ .~, - " ..... .. 4~,;'~' t, " , ~..~,,-,,~ ' w(t. .-" UDih.fi~ .~>! : "'; ,,:.;';,::i.:~;,:'~,,'..;.( . :"~ " ", 't,,, , .t~~t .,...ir,"".. '. - ' , ,....' .. ~4..'>: ~~.."tei ,..>. '. ':' ,. , , , !'he. d..~ .,.'t.l.'~ ,..~. tell 'to keG."" .,i~" . ... c1at..w.tca ,.,_ t11e4 _~ the '..... .' :.' ' ~,. ~.ted ~.. will be'~~.,,",~.' .'.a ,..._t~ ..tomey present to p..._1o~':""':-":. ftt1!' "'.....,..llCY .111 be ol(,tfJely t~J.l0ft4 '~... " .": .01' ",ther . "'" tbe defen~l1t' bas oounael. .ftt$'1~:~ .'nOt allow the ..11.. ett1aer to aot as a pronc~'tO... '.. b W, allGwed to .-on. the oity witnesses lln4 .. tell. .. .~ ... tell his .to., .... f.$.IIply as he can. lie ~t c~ ba1irtue the ..e......~II11J.1.id.t...e8. Tab"'8 1."t VQ7 d1.tt.1cu.lt to get ~ ca.. .ta)..1.y lDetere the OO\U't aM p1a~."tM .cGart 1n the a.~rd. pe8~.t.c.m e.r baving to prewet; tbe interests Qr the prosaut1on, 4ehlldant and the oourt. . " ..( ,(,. ;;." Wbe oou.rt ,d11 eontllWe to use eye1'T ~ tut11~, 1nc'1U411ng t~ ,oity aM s-$ate jail. to .t ~i*tl. ~ ,.r.r a <ietendant, who 1n OJtefi court, declares~. aa,alo&M1io or cJ1'\lS acKtot:. U he has been oon~.. 1led... .ot:.. ::-.tac. . mot.r veh1de while t1t\<Ur the 1nt1uence or1a~oe... Uquor or dr11ga, his 12r1verte l1.qenae will ~~ _~c1'and .... effort will," _. (Ie to.~ .lWII..' receive.." de t ........ ..1.....'. ..~.4. IL, hoc we vel'l he tj()ea not requeat 1iQS.a help and U belen~. . ~ fer , ' , . .~. . . , 8~tenoj,rlg on M.... ~..,. .1' third G. oari.4t1~. '"."~,NJ. . . 'au Qp~et te . serve tae 1n 3*11 U ad41~1.n to $117 o~r. ~""Jll.t allowei and d"aM proper ~, the court. lfbe pub14,o lDUt 'be g1'V'en ... proteotion t:roa tb1* .1ncrea81n&~ ~~. ~ )aza.ri. " v"""~ , ,,-';,t' ,r' ,'., " _L' "".,.......:'!'.,~. ~,., ,~,.....,. . .'1; ;<otr....:' ~~ " ;~ . ,', l ;j '1 1 :.l :, , 'j . ,'.j? , 4 " ,. ,"- !I 'l 'J ,;I ~' ~ ,.~. ., ," ,tIn ACtiE[:, TO /J,t~', MOE A P AJ:l OF THE: MUiCn.S. 'Of nlE SEWARD CITY COUNtI !,.'pl. 14 - .~ .,J"!'~"~'~'.~.'~'.~"'.' ,~.." ..... \ft;;"'.d.. " ?~,: X)/~1tr C'f~l. . ,~..~'~ .' "l':,~;, '1' ~'" I :realt.. tMt reqa1:r1ng a ole* .. . P"~.t'~' ..... t;o the city'. 1'1Q&ll.1.al problems. It 1..hoW.~,' t_'~,..;.. . 1bU1 t1' ot bhe exeoutl ve branch or the ""'.JInIIe~ to., __t~t.ttl enforce and prosecute, the jud1eiary te .4~.."~~ . legislative body to promulgate and 11I.pl~ "'~..<ena.~' the law. In other wOrda, you, the leg1s1ativ-e ...... .~ . o1ty JOv.. e1"J8ent, must set the stage tor Just1oe;" ':..c'..........':.'... ......... '. you desire the 01 t1' of Seward to be a sate an4 '.' ~. . where one ctan walk the streets and pursue hie 4ld1f". Ja .f'1ire,,- en<< ..eur1 t1' . You then DlU.st_lellllent t;b\\, ':y- ~ 0\I'PP0:rt of. the executive and jud1e1al bJtanohe."~ ~i" " . ......,. ..' "', ,:~" '<. ... .''f"' - '.. -....~. V4t\tt... . ^ "Q.)'.'i' i . . ::~.. :.~ttf . ;ft" ~ " J;~..\,,}:~~~,a.. c" ,.:~':~,...:....._) ~i,.,..~~~~';,~ t . .~,.:}i~..~....V, 1 ,~- ,"",;,,1.:" " . J~: . t;' " 'r" I,,' Respeotfully ~, "/;.,,,..... t ...' rf. :.l~). "'"" c;------ (Mrs.) Qeaevieve Bohaererme1'er Ma~.tra t. 0-0 I Ch1ef ot Pol1.o. 'lrooper &reg O1Qae D1.str1ct Att~ eom.1sa1oner o~ Satety Pree1dq l\l4ae Qt Superior ~.. '4""""',) /'\ "'~ ~; ,','". ,~i _' : . ,. .;>~ " - .-...'..:'" ,~~. -.;::~ -r - :' ~~::;~~~'~~:~~~~-~.~~~i:~;!-~;~~~"':'~iA~~~~~~';:-l~~~~~~""~.'~...._~:~'~~~~-~~~~ ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD A PROCLAMATION CITY COUNCIL. yPL. 14, PA~S -Ar'-7?-V<-> ~ ~ - :->James R. Fi~' Fi~2 , " c.itv. Clerk-Treasu ~\1V.BEREAS" The ,quality of life ID our ..tion's future wIll be ~etermmeu largely by -~the diwchon gIven to and the character developed by today S j-oulh; and I' ,.:' . ".i ,~ I '(i :!,' <,r" ~,I : ji 'jJ! ! '(I )ii rl, I~' ! ~: I~.! '(i i.jl i:~' ." :~I Ji 't: (!i l:! !~! l)~i :~; ;;~l' it, I.,: .~i !I)I lit, I. i "jl ~;~! , .'41 -'Ii . I~I :)~I "f t~: :l Ii i '''I' '~ !~'I I'~! I~I Wi I~~I I ~l I~! i.,1 il~1 j,.: I.., It"~ "_"__'____,______,_.___,________,,____ __ ______,,______, l~~~-~~~:_~~_~?;..~~k~~~~~~~~~~~.......P:~~~~~~..!::~~~_ ~ t~HEREAS, Our nation's schooJs playa paramount role in defining that direction 8mlllhaping that chi.lracter by endeavorina t(r- · Offer pupils lh(' opportunit~, to learn and practice 8Od~tY'1I values. direct intel- lectUlII developmcllt toward fRcognizlng, making, and evaluatin~ choices, and wni;ider the curriculum in terms of its total im(Iact on the value development of children; · Rcwl;nj~e the needs of a complex society, view education in terms of national goal5. encourage international understanding, IInd foster divergent and creative thinking as a meanli of improving lIOCiely; · Emournge the tellching of children as individuals and employ only tcachen with the preparatioll and personal qualities necessary for effective tcaching; · Offer t'lJf~h child a meaningful edu~tion suited to his indh'iduallleeds re~ardle88 of the chiJd'1l abilit~ level. geographic location, or socioeconomic; status; · Stimulate continuing inquiry, with emphasis placed 011 the valu(! of learning for its own reward~. and provide opportunitiea fm 8 broad general education; · CODtrihute 10 l~Wllomic progreslI by providing early and realislic career counsel- i'lg, pd'lctllng aU 6tudMIs to the full extent of their abilities. ami maintaining a voc;llinnlll edUl:ationilJ progralll of the higl188t quaJit); · Enh::mce the human quality of students by hf~lping thcm diswvcr und develop their abilities and live contentedl~' within their limits. advocate constrnctive at- titudes toward leisure iotercslK, and encourage hoth adaptilbility to change and action to direcl cbange in wal'lI beneficial to humanity; and ~~i ~~llEREAS. In th'l achievcment of these endeavon. lies the happiness and well-being ~i)f till: individual as well aslhat of society as a whole; and ~~ '~::"'II ~'1HE!n:'\~-l' One of the primary dutiel> of an enlightened citizenry lUust, lhf'refore. -be ',,",dod.e of, io'.,.., iD, ."d 7,;bililY 10' the q..hty 01",,, "hool., ~ow, The..f"., I, ,j{.Je'_' L, f,,-l"-~), ___ __:, ,DI (mB)' r or othl~r Om',;II,n __~!!!..__~~~~~!:.~ rJ ,:!! 2. fl N ____, do herehy designate November 10-16, 1968. , f. : ~, I to be AnJt!rkan Education \Veek and urge all citizens to examine mure closely the existillg'md l'rojeded {,rogrllms of our schools, as well as their own cffntts 10 ensure 1111: highll!:!l q'lalitv education for alt ATTACHED TO AND MADE A PARlTOF THE MINUTES OF THE SEWARD CITY COUNCIL ~ 14 . pa~.. 7 P/tJ r:.~?nJ0 /(" ~ ,AIflleS R. F111p. - C1 ty Clerk. Treasurer CITY OF SEWARD, ALASKA ORDINANCE NO. 373 AN ORDINANCE REPEALING AND REENACTING THE GENERAL PENALTY PROVISION OF THE SEWARD CODE OF ORDINANCES. WHEREAS, the case of Baker v. Fairbanks, State of Alaska Supreme Court Opinion 618, dated June 5th, 1970, set forth entirely new standards regarding the right to jury trial in Alaska, and WHEREAS, this necessitates a rethinking of penalty for Ordinance violations. NOW, THEREFORE, THE CITY OF SEWARD, ALASKA. ordains: that the General Penalty Provision for the violation of Seward City Ordinances, Section 8 of the General Provisions of the General Code of 1960, is repealed and reenacted to read as follows: Every act prohibited by this Code is hereby declared to be unlawful. Unless another penalty is expressly pro- vided by this Code for any particular provision or section, every person convicted of a violation of any provision of this Code, or any rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine of not more than Three Hundred Dollars ($300.00). Except where otherwise provided, each act of violation and every day upon which any such violation shall occur or continue shall constitute a separate offense. The penalty provided by this Section, unless otherwise expressly provided, shall apply to any amendment of any section of this Code, whether or not such penalty is re-enacted in the amendatory ordinance. First reading: Second reading: PASSED AND APPROVED BY THE COMMON COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS____day of , 1970. \ e - !.'- ",-- 7_-'.' -, - M"ayor / s<:-.!" ? (,-, .- ,l / ATTEST: City Clerk ATTACHED TO MD MADE A PARITOF THE MINUTES OF THE SEWARD CITY COUNCIL MtL 14 - P", 87- J THE CITV OF SE~IARO, ALASKA >>,.~ f<. ~~ ORDUlAl;CE NO. 374 (jJ8'lIS R. Filip, \. C1 ty Clerk-Treasurer AN ORDUlMCE PERTAHlING TO THE DRESS OF FENI\lE 91PlOYEES WHERE AlCOHOLIC BEVERAGES ARE SOLD AND SETTING AN EFFECTIVE DATL ~MEREAS, Section 04.15.070, Alaska Statutes, authorizes incorporated municipalities by ordinance to provide for regulations governing the barter, sale and possession of intoxicating liquor within such municipalities as may be deemed necessary to the orderly conduct of the business of selling intoxi- cating liquor. no~', THEREFORE, BE IT ENACTED BY THE CITY COUrlCIl OF THE CITY OF SEWARD, ALASKA. AS FOLLO~S: Section 1. Dress of Female Employees. It shall be unlawful for any owner, manager, or operator of a place open to the public wherein alcoholic beverages are sold, served or consumed, to knowingly permit or cause any fe- male enp10yee to appear therein \'Iith one or both breasts and/ or the lower portion of the torso. wholly or substantially exposed to public view. Section 2. That the effective date of this ordinance shall be the 15th day of September. 1970. Fir~t Reading: Second Reading: PASSED AIID APPROVED by the City Council this day of August, 1970. of thveC,i.,.t o~ s~:rd'~;'iJAllta",: . C'O~', J t~, D"'" ,,: ,. ., f,' ltC" h ". !.-'\ .J;;t_ r/.t t_. ATTEST: Joanne C. Hoogland Mayor James R. Filip City Clerk-Treasurer ATTr1CfiED TO AND MADE p, PI\RT CCc n~E '-"INUTE') OF THE SEW/\RD CIn COUNCIL vcr. 14 PAGE 5~ - . , 'ames R. '11 ip ~ity Clerk-Treasurer ;\ ':;t\(:LL:~M,\TION WHEREAS it IS traditIon,,! to s~t aside a week ill f40'/umher a. National EcIuGation Week. at ....l1ich time 1M focus i~ p**" upon ~ ancl sdl9ols. and " . Wtt~~~".. .c;itiMl'$ ~ SeWant. Ala~' _e ~sistentfY' . .tbOwn.~Oih'~ ~ ~r z=~.. I"". ".7~~J~~,r,:." ",a..,<,,,:~,.,~ fO'~/ 'y, ~'."~ i~' ~./"'~:?"";'~~';\-' '~,tar' ..;~. '.,;;. " ,~",~... . "......... ,~f " . ....\f'.;...-.~."'....,.. 'c......:.~."'.' i'Ii " aiId.......aJl ~;<". :_ of.~~~~ forms the very' fo~n of out lIOC~ : 1.y'vititing tfle sdlool. and re-aQUainting the~ wtdl .. ' goals of our ~ClIltional system. '1 ! I ',.' ))' [/., / )/ " Ii d II. J. LL. t t 'c. " - - '! : -. ~. ., ! I ' 'J . I ~.~_..:L_-:--':'~' i ")1 " '-. William M, Ullom M<lyor / s / d~' "- ~ James ~, Filip Clerk ~.. .- , . .y. October 30',1969 . " ,.' ...........#...,.,..,.;.1". ~ ~';"4 ,. ~ . -. . . . , . ;t . ., ~,~ - .. J' .. ATTACHED TO .AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL L. 14 -JA9E 53 :~- 1('+~1 , ames R. Filip 1.; / City Clerk-Treasurer 351. CHAI<<iES FOR COLLECTION THE CITY OF SEWARD ORDINANCE NO. 371 'AN ORDINANCE AMENDING SECTION 20 OF ORDINANCE NO. ANO DISPOSAl. 'THE CITY ORDAINS: SECTION 20 - GARBAGE, RUBBISH AI~D WASTE MATERIAlS, RESIDENCE. DWELLING. CClltERCIAL AND INOOSTRIAl UNITS; CHARGES FOR COLLECTION AND DISPOSAL. For the collection, removal and disposal of garbage, rubbish and/or ..ste material from residence.dwelling. commercial and industrial establish- llleftts within the City, the fo11011'1ing charges shall be made for the follOl11ing services: Class 1. Businesses. including dentists. phYSicians and clinics: Pick-ups/week 1 2 3 4 5 6 Ea. Add. can First can $ 4.00 6.00 8.00 9.00 10.00 11 .00 $2.00 2.50 3.00 4.00 4.50 5.00 Offices(waste paper only) - $2.00 per IIORth. weekly collection. Class 2. Weekly Collection Residences - $3.50 per month. Resideflt pack-out service - $4.50 per month. flat rate(can _st be easily accessible and within a reasonable distance from the alley, street, or utility easement at the discretion of the garbage contractor. Apartments(more than two units having COlllllOfl cans) - $3.25 per IIOnth for each unit on individual billing; $3.00 for each unit for single(land- lord) billing and central pick-up. Pack-out service $1.00 additional per unit. Pack-out s.ervice provided at the discretion of the garbage con- tractor. CLASS 3. Special S~rvices In the event the City and/or the Contractor is requested to enter the custGmer's premises to remove garbage(except pack-out service. tlIhich is a resi~tial service only) such service may be performed and the charge shall be 25% over the regular rate. CLASS 4. Vacant or unoccupied dwellings and residences There shall be ne charge for residences that are vacant. Prior arrangements shall be made with the City by making written application for garbage service to be discontinued because of unoccupancy, previded the residence is unoccupied three weeks or longer of anyone month. i ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SElARD CITY COUNCIL V,L. 14 - PAG9 53 ~ _ ( L-n~ / C,,-j".--L:,! ( 'i.ra;~s R. Filip v j/ City Clerk-Treasurer CLASS 5. !{J~oflicipal anti l'il1itary or Contractor ,'he I';ooicipal selvice rate shall be $ .15 per can. Use cf the dump by military organizations shall be charged at the rate of $50.00 per month per organization. Use of the CI!r.? by construction contractors or finns doing repair. rehabilitation. alteration, or construction work shall be charged at the rate of $5C .00 pet. rrlOnth flEJr contractor. CLASS 6. Time and Equip~cr.t Rate Services pl"Ovidec! that are not covered elsewhere for gariiage. rubbh~ and waste removal shall be charged at the basic rate of $17.00 per hour. This charge shall include the use of a truck and a driver. The min1r.111/1 charge that can be Illade under the Time and Equipment Rate is for one/half hour. ~;~m.JCATWN hereof shan be made by posting a copy of this Ordinance for a period ,,' ten {lO} days on the City Hall Bulletin Board, and by publiShing a notice of . ,~l~ place of posting and a brief statement of the purpose hereof in a nwspaper of gerR!ral circulation in the City, \'Itthin a reasonable time. FIRST READUlG: October 27, 1969 SECOND REAOIi~: PASSED AHD APPROVED by the CO!l1HOn Council of The City of Sa1ard. Alaska. this day of . 1969. ~di~ lh~ i'iayor ATTEST: James R. Allp"-'''~-'- City Clerk-Treasurer . . Approved as to fenll. ro chant O. Gantz- City Attorney l l\TTAC~-1:ED TO AND M1\DE A PART OF THE NINUTES OF THE SEWARD CITY COUNCIL V,GJl 14, P?<je 9.' / THE en:']' OF SEWARD, ALA~i'~A ~~;;::";7R.~~r:-:~? ORDINANCE NO. 369 Ci ty Clerk-Treasurer An ordinance for tile purpose of dividing the city into zones, or districts considered to be best suited to carry out the orderly development of the entire city, restricting and regulating therein the location, erection, construction, re- construction, alterations and uses of buildings and other specific uses, providing for enforcement, variances and rights of appeal. Repeali.ng Ordinances Number 314 and 260 and any ordinances or parts of ordinances in conflict therewith. 1bis ordinance is declared to be of an Emergency Nature for preserving the health, welfare and safety of residents of the city. Ordinance No. 314 was adopted by the city withollt repealing Ordinance No. 260, thereby leaving an obsolete ordinance as being a valid city ordinance. nIE CITY OF SEWARD ORDAINS: SECTION 1. TITLE A. This ordinance shall be known and may be cited as the "Zoning Ordinance of The City of Seward, Alaska." SECTION 2. USE DISTR ICTS AND MAP A. 'The City of Seward is hereby divided into the following lIse districts: R -1 One Family Residence District R-2 Two Family Residence District R-3 Multi-family Residential District C-N Neighborhood Commercial District C- L Limited Commercial District C-G General Commercial District I Industrial District P Public Use District /3. The use districts are bounded and defined as shown on a map. entitled, "Zoning Map of the City of Seward", a certified copy of which is on file in the office of the City Clerk and which, with all explanatory matter thereon, is hereby made a part of this ordinance. (See Section 27 hereof.) SECTION 3. APPLICATION A. It shall be unlawful for any person to erect, construct, establish, alter, add to or enlarge; or to cause or permit to be erected, constructed, established, altered or enlarged; or to use, occupy or permit to be used or occupied, any land, building or premises for any purpose or in any manner contrary to the provisions of this ordinance as to uses permitted or excluded, building height limit or lot area, open spaces around or between buildings or building set- backs required in the particular use district in which such land, building or premises is located. SECTION 4. (R-I) LOW DENSITY RESIDENCE DISTRICT REGULATIONS A. Uses Permitted 1. One-family dwellings. 2. Truck gardening, the raising of bush and tree crops, flower gardening and the use of greenhouses when incidental to the residential use of property and not for commercial purposes. - 1 - , c ATl'ACBBD TO AlD) MADE A PAll'!' or '1"D MIJ11J'l'BS Of' '!'BE SEWAJU) CI'l'Y COUNCIL 1fl l~. pa91 9 :// .,.~.~i1C5St) 0/' City Clerk-Treasurer P: (continued from preceding page) with the South side of Van Buren Street, tbenceEasl along Van Buren Street to the West side of 1st Avenue, thence South on 1st Avenue to the North Une of Marathon Addition, tbence following the Northwest limits of Ivlarablon Addition toa poimof beginning; Lots 3,4,5,6,14,15,16,17, 18. 19 and 20 in Marathon Addition; that t'Xact of land beginning at a point where 31'd Avenue intersects the North boundary of Laubner Addition, thence Northwest along said boundary of Laubner Addition to the East boundary of Cliff Addition, thence North along the East boundary of Cliff Addition to the Northeast corner of said Addition, thence East around the Lagoon to 31'd Avenue, thence North on 3rd Avenue to a point where 3rd Avenue intersects the City Limit line, thence Northeast along said CHyLimit line to its intersection with Resurrection Bay, thence South along the short of Resurrection Bay to a point where the North side of Van Buren Street (extended) intersects with said Resurrection Bay line, thence West along Van Buren Street to the West side of the Alley in Block. 7, Laubner Addition, thence North on said alley line to the South boundary of the Laubner Addition, thence Northwest along said Laubner Addition boundary line to the point of beginning; that tract of land annexed by Court order No. S-8265 - 5/12/53, containing 11. .3 Acres, containing Bayview School. "'************ Publication of this Ordinance shall be by posting a copy hereof of the Ci ty Hall Bulletin Board for a period of ten (10) days following its passage and approval. First Reading: Second Reading: PASSED AND APPROVED by the City Council of The City of Seward, Alaska, )...s-(;( day of #~ ' 1968. ~~ trick - ames R. Filip City Clerk-Treasurer .. Approved as to form: . ;-~- \ !tcrne\ ---------------. ATTl\Cl'-I':D TC AN;) Y:JillE A PAPT OF THE NINUT=:f; OF THE SSvmRD CITY COUNCIL THB CITY OF SEWARD, ALASKA ~01 1,1, ~a~e,_~7". , ORDINANC NO 'ClL.., ',.-;;l:-~' /'-- -" / . ) E . ~, '/J'ames 'R. FIlip / City Clerk-Treasurer FIR E CODE INDEX nus ORDINANCE to be known and cited as nlE FIRE SAFETY CODB OP nIB CITY OF SEWARD, ALASKA. ARTICLE I: DEPARTMENT ORGANIZATION, COOES AND FIRE ZONES. Section 1.1 Volunteer Fire Department Strength am Certain Duties. Section 1.2 Fire Safety Code Adopted. Section 1. 3 Fire Zones Designated. , (a> Fire Zone Number 1 Designated. (b) Fire Zone Number 2 Designated. (c) Fire Zone Number 3 Designated. INSPEcnONS, PR OCEDUR E5. SPECIPICA nONS, COOR acTIONS: Inspections. Notification of Hazardous Conditions A8 Foum. TIme Limit for Correction of Hazardous or Unsafe Pire Condttions. Building Ccxle Fire R equlrement. Building Partly Destroyed or Damaged. AR nCLB U: Section 2.4 Section 2.5 Section 2.6 Section 2.7 Section 2.8 ARTICLB m: PERMITS, EQUIPMENT HOUSING, EQUIPMENT INSPECTIONS: Section 3.9 Burnt.. Permits. Section 3.10 Pire Equipment Houstng. Section 3.11 Fire Fighting Equipment Protection. AR nCLE IV: RIGHT-OP-WA Y. TRAVELING. ~TRUC11NG FIR E APPARA lUS: Section 4.12 Fire Equipment, ApparatuS and Emergency Vehicles to be Given Rigtlt-of- Way When on Calls. Section 4.13 Driving Oyer Fire Hose. Section 4.14 Following Fire Apparatus Prohibited. ARTICLE V: PIRE DEPARTMENT RECORDS AND REPORTS: Section 5.15 Fire Hydrant Conditions Report. Seedon 5.16 Fire Department to Maintain Adequate Records. (a) Equipment Records. (b) City Maps Required of Hydrant Locadons. (c) Flow Test of Hydrants.. (d) Attendance Records of Members. (e) Subject Under Study. (f) Reports of Fire Loss. (g) Inspection Reports. (Hazard0U8 Conditions) Secdon 5.11 Fire Reports. AR llCLB VI: EQUIPMBNT AND PERSONNEL: Section 6.18 Fire Equipment and Personnel on Duty or Call Within The City. ARnCLE VII: Section 7.19 Section 1. 20 . AR nCLB VIII: Section 8. 21 Section 8. 22 Section 8.23 TRANSPOOTAnON ANDSTORAGB OF EXPL~IVBS: Transportation, Moving, or Storage of Explosives Wicbln The Corporate City Limits. False Fire Alarm. SEtf.t(RABILlTY, VIOLAnON AND PENALTY, PUBLlCAnONS: S$rability . Violation and Penalty. Posting and Publication. - a - AftACHEJ) TO AND MADE A PART 01' '!'HE MINUTES 01' THE SBWAR]) CITY COUNCIL V.t)l 14, p.,e 7, mE CITY OF SEWARD, ALASKA ','-a-..., { /,.,;;,,<":'-: ORDINANCE NO. 367 /J._~~"-'~. c-I'1:1iPk! ,. City C1erk-Treaaurer AN ORDINANCE ESTABLISHING FIRE SAFETY RULES AND REGULAnONS WlmlN THE CITY OF SEWARD, ALASKA, PRESCRlBtNG RULES AND REGULAnONS GOVERNING FIRE SAFETY, INSPscnONS, ENFORCE- MENT PROCEDURES. ESTABLISHING PIRE ZONES AND ornER NEEDS POR WE SAFETY AND WELFARE OF WE CITY REGARDING PIRE mOfEcnON. REPEALING SPECIFICALLY ORDINANCE NO.7 AND OODINANCE NO. 320 AND ANY AND ALL PARTs OF O11iER ORDINAN- CES IN CONFLICT HER EWITH. WE CITY OF SEWARD, ALASKA, ORDAINS: nus ORDINANCE SHALL BE KNOWN AS nIE FIR E SAFETY CeDE OF mE Cl'lY OF SEWARD, ALASKA, AND MAY BE CITFD AS SUCH: ARTICLE I: DEPARTMENT ORGANIZATION, CODES AND FIRE ZONES: Section 1.1 Volunteer Fire Department Strength and Certain Duties: There is presently operating within The City of Seward a Volunteer Fire Department which shall consist of not less than 25 members and may include additional members providing the department officers deem it advisable. There may also be an auxiliary department firmed for purposes of a-aining future volun- -teer department members. The Chief shall COMuct regular meetings at which e time methods of modern fire defense shall be discussed and other matters of con- cern to the safety and welfare of the city shall be studied. Section 1. 2 Fire SafetY Code Adopted: The Fire Safety Code of the State of Alaska, in its latest edition and as amended, is hereby designated and shall be known as the Fire Safety Code of The City of Seward, Alaska, and shall constitute the laws of the City reladng to Fire Safety regulations. Although not printed in full in this Ordinance, all of Ibe pro- visions of said Fire Safety Code shall be and are hereby adopted by reference to the aame extent as if set forth in full herein. except to the extent that said Fire Safety Code shall be in conflict With the provisions of this Ordinance. Section 1.3 Fire Zones Designated: <a> Fire Zone Number 1: Those certain parcels of land described by metes and bounds or by Lot and Blocks: - 1 - AftACRJn) IfO AlQ) MAnI A PAltlf or 'l'BB JUNUTE:3 0' THE SEWARD Cl'1'Y COUNCIL Vql 14, PSge 7 ~ Beginning at a point where the Center Line of rnIRQ~~~.U/~ rfi~~./ . JUles i..''1rUip ", ' the soom PROP3RTY LINE of RAILWAY AVENUE, thenc'e l'GB1R~"..\lrer CENTER LIN5 of 1HIRD AVENUE to the CENTER of the INTERSECTION of 1HIRO AVENUE and JEFFERSON STREET, thence EAST along CENTER LINE of JEFFER- SON STREET to the CENTER of the INTERSECTION of JEFFERSON STREET and FIFTH AVENUE, thence SOUTH along the CENTER LINE of FIFTH AVENUE to the SOO1H PROP3RTY LINE 02 RAILWAY AVENUE, thence SOUTHWEST along property line of RAILWAY AVENUE::o the po:i.nt of beginning. (b) Fire Zone Number 2: Those certain parcels of land described by metes and bounds or by Lot and Block: All of LOT 21 through LOT 33 in BLOCK 24, ORIGINAL TOWNSITE, the EAST HALF of BLOCK II, ORIGINAL TOWNSITE; the EAST HALF of BLOCK 14 ORIGINAL TOWNSITE; the WEST HALF of BLOCK 8, ORIGINAL TOWNSITE; the W EST HALF of BLOCK 17, OR IGINAL TOWNSITE4 The EAST HALF of BLOCK 4, LAUBNER ADDITION; the EAST HALF of BLOCK 10, LAUBNER ADDITION. The EAST HALF of BLOCK 18, FEDERAL ADDITION. All of TRACT "A", CLEARVIEW ADDITION; LOTS I, 2, 3, 4 and 5 of BLOCK 3, CLEAR VIEW ADDITION. Beginning at the CENTER of the INTERSECTION of "0" STREET and nIIRD AVENUE, thence NORTH along the CENTER LINE of mIRD AVENUE to a point being the CENTER of the INTERSECTION of THIRD AVENUE and AIRPOOT ROAD, thence EAST along the CENTER LINE of the AIR POR T ROAD to the EAST . RIGHT-OF-WAY LINE of u'1e ALASKA RAILROAD SPUR on the WEST SIDE of the SEWARD MUNICIPAL SMALL BOAT HARBOR, thence along the EAST RIGHT-OF- WAY LINE of the ALASKA RAILROAD to the SOU1HWEST CORNER of the SMALL BOAT HARBOR, thence along the SHORE LINE of said HARBOR and RESURRECTION BAY to a point which would be the CENTER LINE of "0" STREET, if extended, _ thence WEST along the CENTER LINE of "0" STR EET to the point of beginning. Beginning at a point on the ALASKA RAILROAD SPUR EAST RIGHT-OF- WAY LINE and the CENTER LINE of the AIRPORT ROAD, thence EAST along the - 2 - ATTj\CHED TO l\l~m MADE 1\ P1\RT OF THE I"'.INUTES OF THE SEv~ARD CITY COUNCIL V,91 14 i Page 7,"", .~"'V<-.> /C, ~~J .. :'1.rames R. Fliip CENTER LINE of the AIRPORT ROAD to the WEST PROP~Tft11.lg1olrffieTM.1SSiCAr RAILROAD DOCK SITE, thence soom along said PROPRTY LINE to the NORTH SHOR E LINE of R ESURR ECTION BAY and the SMALL BOAT HARBOR to a point on the EAST RIGHT-OF-WAY of the ALASKA RAILROAD SPUR, thence NORTH along said RIGHT-OF-WAY LINE to the point of beginning. Beginning at the CENTER LINE of SEWARD HIGHWAY and the AIRPORT R QAD, thence EAST along the CENTER LINE of the AIR POR T R DAD to the EAST PROPERTY LINE of the ALASKA RAILROAD DOCK SITE, thence NORTH along the ALASKA 'RAILROAD PROPERTY LINE to the SEWARD AIRPORT ACCESS ROADi . thence WEST along said ACC?'.SS ROAD to the CENTER LINE of the SEWARD HIGH- WAY, thence SOUTH along the CENTER LINE of the SEWARD HIGHWAY to the point of beginning. (c) Fire Zone Number 3: That area of land within the CORPCI\ATE CITY LIMITS of THE CITY OF SEWARD, ALASKA, which are not described nor included in descriptions of FIRE ZONES 1 and 2 of this Ordinance. ARTICLE U: INSPECTIONS, PROCEDURES, SPECIFICATIONS, CORRECTIONS: Section 2.4 INSPECTIONS: The Fire Chief, or his appointed representative, shall be permitted access to any building or area for purposes of inspecting same, for fire hazards and con- ditions pertaining to safety and welfare of the City, at any reasonable hour of the day. Section 2.5 Notification of Hazardous Conditions As Found: If upon inspection a building or area is found to harbor or constitute a fire safety hazard, the person making the inspection shall prepare a written report specifying such hazards and conditions. One copy of the report shall remain in the , Fire Department files, one copy shall be mailed to the owner/agent occupant via certified mail and one copy delivered to the City Manager. Said report to contain the name of the inspector, date and hour that inspection was made. Section 2.6 TIme Limit for Correction of Hazardous or Unsafe Fire Conditions: When any fire inspection has been made, the Chief of the department shall - 3 - A'I"l'ACREO TO AND MADE .'\ PART OF THE Jo1INU~ES OF THE SEWARD CITY COUJICIL V?l 14, Paige 7 ~'" 1~~~ C: PI~~? specity a <:ertain time and date that all hazardous and unsafe ~t~k~yrer shall be corrected. The OWNER of any building or area shall be notified of the date and time that conditions must be corrected. This information shall be stated on the INSPECTI<)N 11. EPOR T specified in Section 2. 4 of this Ordinance. It shall be the responsib:l1ity of the Fire Chief to further inspect the premises on the date specified and if the hazardous OT unec.fe condition has not been corrected he shall issue a violation citation without furt:.'1er delay. Section 2. 7 Building Code Fire Requirement: All buildings erected within the CORPORATE CITY LIMITS shall conform to the adopted Building Code in all matters pertaining to Fire Prevention and any build- ing remodeled or rehabilitated shall meet the same specifications. Section 2. 8 Building Partly Destroyed or Damaged: Any building which has been damaged by Fire or other disaster shall be immediatElly boarded up or fenced around so that the public can not have access to same. If any building has been over fifty (50) percent damaged the FIRE CHIEF shall notify the OWNER that the building is to be demolished and shall specify date that work is to be completed. When any building is demolished the area is to be cleared of all debris and if said building was constructed over a basement the same shall be filled in, unless the OWNER plans on constructing a new building over the basement, in which case a BUILDING PER MIT must be secured immediately from the City Building Department. ARTICLE ill; PERMITS, EQUIPMENT HOUSING, EQUIPMENT INSPECTIONS: Section 3. 9 Burning Permits: Und~~ certain conditions the Fire Chief may issue a BURNING PERMIT. When permit is requested the Fire Chief shall make a thorough inspection of the immed- iate area and shall determine whether or not, in his opinion, it is safe to allow burning in the area. Permit, if issued, shall be for a specific date and time. The City of Seward, or the Fire Chief, shall be saved harmless and free from all liability, claims, demands, suits, judgments, and action of any nature whatso- ever arising out of issuing the burning permit. Section 3.10 Fire Equipment Housing: The Fire Equipment of The City of Seward shall be housed in the City Fire - 4 - AT'rACHl:n ':'0 >>ID )1ADE A PART OF 'lm: MINU'l'ES OF 'l'HE SEWARD CITY COVIICIL -.r~'R~~) , ames R. I'ilip Hell at all times unless on call, practice drills, or other ~uth'Ot-l*'~f,tW~IEI.a8!?i@r City Fire ::-:1all shall be canstderect OFF LIMITS to anyone other than authorized personnel unle3s the Fire Olicf or an attendant is in the building. Section 3. 11 Fire FiGlHi.r:~ Equipment Protection: It shall be unlav:rul fer any person or group of persons to damage or attempt to damage in any manl'.~:r fen] pIece of FiR E FIGHTING EQUIPMENT or APPARA IDS belonging 10 The City of S'}w::.rr:t AEY person or g,-roup of persons attempting to damage FF~3 FIGHTI!.:;a EQUIPMENT or APPARA1US shall be charged with a viola- tion of this Ordinance. , ARTICLE IV: RIGHT-OF-WAY, TRAVELING, OBSTRUCTING FIRE APPARA1US: Section 4.1!- Fire Equipment, ApP2.ratus, and Emergency Vehicles to be Given Right-of-Way When on Call: Upon the sounding of the Fire Warning Signal or the approach of emergency vehicles, or vehicle, equipped with a lighted lamp exhibiting red light, all drivers of vehicles traveling upon any City thorofare shall immediately drive to a position parallel to and close to the RIGHT HAND SIDE of the right-of-way out of the lane . of traffic and shall STOP and remain in such position until the EMERGENCY VEHICLE OR VEHICLES, shall h:we ps..sscd, except when otherwise directed by a Police Officer. Failure to yi0?:i tl13 r~.:;~1!;-of-~."1ay to any emergency vehicle, or vehicles, shall result in citation bet.-l::; issued" The Fire Chief or any Volunteer Fireman may notify the Police Department of the failure of any driver to yield the right-of- way, and in making this report shaH give the Police Department the license n~mber of the vehicle, make of ve~icle and where violation occurred. Section 4.13 Driving Ove-r Fire Hose: Any person who drives over any fire hose which is across a driveway, street or thorofare or in any place s~al1 be in violation of this Ordinance and shall be , subject to a fine of not less than ONE-HUNDRED ($100.00) DOLLARS or more than 1HR BE HUNDR ED ($300.00) DOLLARS for each and every offense. Section 4.14 Following Fire Apparatus Prohibited: The driver of any vehicle other than one on official business shall not follow any fire apparatus travelbg in response to a fire alarm closer than five-hundred (500) feet or drive into 0:;:- pc.rk such ':r:hicle within the block. where the Fire - 5 - ATTACHED TO AND fI'.ADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL E14, p~e 7 - ,,(,4 .' .' ames R. Filip, apparatus has stopped in answer to a Fire Alarm. L/ ci ty Clerk-Treasurer ARTICLE V: FIRE DEPARTM3NTR3CORDS AND REPORTS: Section 5.1.5 Fire Hydrant Conditions Reported: The Fire Chief or his representatives shall report any Fire Hydrant which is not operating properly or that has in any way caused the department trouble during a fire or fire drill. Thi3 report shall be turned into the Public Works Department for immediate attention 2nd co:rrcctio:l of trouble. The Fire Chief may recommend, in writing, the installation of additional hydrants in any area that he deems has in- adequate facilities. This recommendation shall point out the specific area to be , covered by the installation and other information he believes should be considered. Section 5.16 Fire Department to Maintain Adequate Records: The Fire Chief shall be responsible for all department records which shall be maintained on a current basis at all times. Those records that shall be main- tained are as follows: (a) Equipment records. (Maintenance and condition records.) (b) City map showing location of all Fire Hydrants. (This shall be posted . in Fire Hall. ) (c) FLOW TEST and records of Fire Hydrants (if available.). (d) Attendance records of those attending meetings and fire drills. (e) Subjects under study at meetings and drills. (f) Reports of fire loss. (See Section 5.17) (g) Inspection reports and corrections taken to correct irregularities and hazardous conditions. Section S. 17 Fire Reports: The Fire Chief shall prepare a written report (in duplicate) on each Fire within the Corporate City Limits. This report shall include information as to , location, time and date of alarm, extent of damage to building or contents and the Chief's estimate of dollar damage suffered. The original of this report shall re- main in the department files and the duplicate copy submitted to the City Manager within 48 hours from time of fire. - 6 - 'rHE SEWAlW CI'l"l/' COUNCIL ~Ol 14.. l',ge~.. Y' I/~ " / ames fi'::.P'il~ G City Clerk-Treasurer ATTACHED TO Al'OD .MADE A PART OF THE MINO'l'ES OF AR TICLE VI: EQUIPMENT AND PERSONNEL: Section 6.18 Fire E~uipment and Personnel on Duty or Call Within The City: The Fire Fighting Apparatus is the property of the residents of the City of Seward and is maintained and purchased from General Fund appropriations derived from general taxes and therefore is mainly for the safety and protection of city residents. The Fire Chief shall be responsible in maintaining adequate Fire Fighting equipment and man power on call at all times to combat any minor or major fire within the Corporate City Limits. Residents outside the Corporate City Limits may be given assistance by the department, in case of fire or disaster, but at no time will equipment or man power be dispatched outside the City in any number which will leave the City without adequate Fire Protection. ARTICLE VII: TRANSPORTATION AND STORAGE OF EXPLOSIVES: Section 7 ~ 19 Transportation, Moving or Storage of Class A Explosives Within The Corporate City Limits: No person, firm, company or corporation shall store any Class. A ' Explosives within the Corporate City Limits of the City of Seward, and no person shall move Class 'A Explosives through the City unless a permit has been secured. In case Class A explosives are moved through the City the person moving same shall have a vehicle on which explosives are being transported clearly marked EXPLOSIVES and he shall notify the Fire Chief and the Chief of Police when such explosives are to be transported. The Fire Chief and Chief of Police shall assist in moving of any explosives by clearing a route which shall have been designated " by the Fire Chief or Chief of Police. The mover of any explosives through the City shall make arrangements for such transportation not less than forty-eight (48) hours in advance. All Class "A Explosives moved or handled over any dock within the Corporate City Limits of Seward, Alaska, shall be in accord with . U. S. Coast Guard Regulations. Section 7. 20 False Fire Alarm: Any person turning in False Fire Alarm, or Alarms, shall upon conviction, be subject to maximum penalty as set forth in Section 8.22 of this Ordinance. - 7 - A'l'TAC:U~, '1"-': .'\h[':; .M/.;:r: .\ k'l\.Rl' or TIi': JU:'HJTZS OF 'lHL SE\'iAlU) CITY COUNCIL , Yfl 14'I!SJ~ /,~ Jl. ;17i.-:;' ~ City_Clerk-~_AAur.r ARTICLE VIII: SEPARABILITY, VIOLATION AND PENALTY, PUBLICATIUN: Section 8.20 Separability: It is the intention of the City Council that this Ordinance, and every provision , thereof, shall be considered as separable, and the invalidity of any section, clause, provision, or part or portion of any section, clause, provision of this Ordinance shall not effect the validity or any other portion of this Ordinance. Section 8.21 Violation and Penalty: Any person, firm, corporation or company violating any of the provisions of this Ordinance shall be fined not less than ONE HUNDRED (100.00) DOLLARS, nor more than THREE HUNDRED ($300.00) DOLLARS, for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Section 8.23 Posting and Publication: Publication of this Ordinance shall be made by posting a copy hereof for a period of ten (10) days on the City Hall Bulletin Board, and by publishing notice of . the place of posting and a brief statement of the general purpose of this Ordinance in a newspaper of general circulation in the City within a reasonable time. nus ORDINANCE shall be effective ten (10) days following the date of posting. First Reading: October 14, 1968 Second Reading: OCT 28 1968 PASSED AND APPR OV ED by the City Council of The City of Seward, Alaska, this NOV 15 day of , 1968. ;fwJLtr4 R. W. Kirkpatric. Mayor - 8 - ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL V,~';~~. . .~~es R. Fili~ V Ci ty Clerk-Treasurer WHEREAS, good health Is a blessing prized above aU others by P1\ OCLAMATION fiery citizen; and WHEREAS; the well-being of the Nation depends upon the maimen- ance of health among all segments and elements of our population; and WHER BAS: the family physician performs critical service to the Nation in the maintenance of health and the prfiention of diseases: aDcl WHEREAS; the Nation's family doctors have a unique responslbUUy in the American Health care system, since they are the Individuals primary source of contact With the medlca1 profession; and WHER BAS: through legislative efforts a Joint resolution was passed by Congrees authorizing 1118 President of The United States of Am<<ica to officially designate the period of November 17th to 23rd, 1968, .s NATIONAL FAMILY HBALllI WBFJ< NOW llIERBFORE, I, R!ch",:.rd W. Kirkpatrick, Mayor of The City of Seward, Alaska, do herclly call upon all citizens to obs<<ve the week of November 17th to November 23rd, 1968, as NATIONAL FAMILY HBALllI WEFJ< IN WITNESS WHER BOP, I have hereunto set my hand and caused to be affixed the official seal of lbe City of Seward, Alaska, this 15th day of November, 1968. ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SEWARD CITY COUNCIL at 01 14, Page 24 I / ~ -\........- ~ ."" , . r.~ .; 1(_ " .f- c., j~7f./ , J~nes R. Flllp, . City Clerk-Treasurer ppnt'T.MaJl.rpION WHEREAS, Members of The CCXIIllon Counail of The city of Seward, Alaska, have 8 vested interest in the administration of city affairs, and WHEREAS, Members of the Council need to know more about City affairs on a continuing basis, and WHEREAS, such knowledqe will be benefioial to employe' and citizens, now THEREFORE, I. E. G. Skinner, Viae-Mayor of The City of Seward, Alaska, do hereby proclaim the month of March, 1969, as "!<NOW YOUR CIon' MON'J.'H" and call upon my colleagues, and interested citizens, to visit all City Departments in order to became better acquainted with non-Council affairs of City Government. VT ~:::TNESS WHEREOF, I have hereunto set my hand and caused to be affixed the offioial Seal of The City of Seward, Alaska, this 24th day of February, 1969. .', E. . Skinner Vice-Mayor A'lfTEST: / ;:;' , I I ~ /1 . /fr-rY~ Ie. -I ;Y;"p'J "ames R. Filip , . ~ City Clerk-Treasurer - :< --i /'";, ;:7< ~C! THE CITY OF SEWARD, ALASKA ORDINANCE NO. 368 AN ORDINANCE ESTABLISHING A TRAFFIC CODE WITHIN THE CITY OF SEWARD, SEWARD, ALASKA, PRESCRIBING RULES AND REGULA TIONS GOVERNING TRAFFIC SAF ETY, ENFORCEMENT PROCEDURES, ESTABLISHING TRAFFIC ZONES AND PROVIDING FOR THE SAFETY AND WELFARE OF THE CITY REGARDING TRAFFIC REGULATIONS. REPEALING SPECIFICALLY ORDINANCES NUMBER 142, 160, 165, 191 and 322, AND ANY AND ALL PARTS OF OTHER ORDINANCES IN CONFLICT HEREWITH. TIlE CITY OF SEWARD, ALASKA, ORDAINS: THIS ORDINANCE SHALL BE KNOWN AS THE TRAFFIC CODE OF TIlE CITY OF SEWARD, SEWARD, ALASKA, AND MAY BE CITED AS SUCH. - a - nIB CITY OF SEWARD TRAFFIC CODE ARTICLE I - ENFORCEMENT AND OOEDIENCE TO TRAFFIC REGULATIONS: Section 1.1 Authority of Police and Fire Department Officials: 1(a) It shall be the duty of the officers of the police department or such officers a8 are assigned by the Olief of Police to enforce all street and highway traffic laws of this city and all of the state vehicle laws applicable to street and highway traffic in this city. l(b) Officers of the Police Department or such officers as are assigned by the Olief of Police are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Pollee Depanment may direct traffic as conditions may require notwithstanding the pro- visions of the traffic laws. l(c) Officers of the Fire Department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. Section 1.2 Required Obedience to Traffic Regulations: It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this ordinance. Section 1. 3 Obedience to Police and Fire Department Officials: No person shall willfully fall or refuse to comply with any lawful order or - direction of a police officer or fire department official. , Section 1.4 Persons Propelling Push Carts or Riding Animals to Obey Traffic Regulations: Every person propelling any push cart or riding an animal upon a roadway, and any person driving any animal-drawn vehicle, shall be subject to the provisions of this ordinance applicable to the driver of any vehicle, except those provisions of this ordinance which by their very nature can have no application. Section 1.5 Use of Coasters, Roller Skates, and Similar Devices Restricted; No person upon roller skates, or riding In or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing such person shall be granted all the - 1 - rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by ordinances of this city. Section 1. 6 Public Employees to Obey Traffic R egulations: The provisions of this ordinance shall apply to the driver of any vehicle owned by or used in the service of the United States government, the State of Alaska. or the City of Seward, and it shall be unlawful for any driver to violate any of the pro- visions of this ordinance, except as otherwise permitted in this ordinance or by state statute. Section 1. 7 Authorized Emergency Vehicles; 7(a) The driver of an authorized emergency vehicle. when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm. may exercise the privileges set forth in this section, but subject to the conditions herein stated. 7(b) The driver of an authorized emergency vehicle may: (1) Park or stand. irrespective of the prOVisions of this chapter. (2) Proceed past a red or stop signal or stop sign, but only after slow. ing down as may be necessary for safe operation. (3) 2xceed the stated or posted speed limits so long as he does not endanger life or property. (4) Disregard regulations governing direction of movement or turning in specified directions. (5) The exemptions herein granted to an authorized emergency vehicle shall apply only when the driver of said vehicle while in motion. sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary. and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle. (6) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all - 2 - persons, nor shall such provisions protect the driver from the consequences of his recldess disregard for the safety of others. Section 1.8 Operation of Vehicles on Approach of Authorized Emergency Vehicles: 7(a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the frontof such vehicle other than a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. 7(b) This section shall not be construed in any manner as to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street or highway. Section 1.9 Immediate Notice of Accident: The driver of a vehicle which is in any manner involved in an accident result. ing in injury to or death of any person or property damage to an apparent twenty- five dollars or more, shall immediately by the quickest means of communication give notice of such accident to the Police Department if such accident occurs with- in this City; and no vehicle involved in such accident shall be moved until the police . have investigated and given permission for such removal. Section 1.10 Driver to Remain at Scene of Accident: The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attemed by any person shall immediately stop such vehicle at the scene of such accident, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 1.10 of this Article. Section 1.11 Duty to Give Information and Render Aid: The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any - 3 - person shall give his name, address, and the registration number of the vehicle he is driving, and shall, upon request, exhibit his operator's or chauffeur's license to the person struck, or the driver or occupant of or person attending any vehicle collided with, and shall render to any person injured in such accident reasonable assistance, inch.1ding the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. Section 1.12 Duty Upon Striking Unattended Vehicle: The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking, and a statement of the circumstances thereof. Section 1.13 Duty Upon Strild~ Fixtures Upon a Street or Highway: The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a street or highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact, and of his name and address, and of the registration number of the vehicle he is driving, and shall upon request exhibit his operator's or chauffeur's license, and shall make report of such accident when and as required in Section 1.1" hereof. Section 1.14 Written Reports of Accidents: The driver of a vehicle which is in any manner involved in an accident result.. ing in injury to or death of any person or total property damage to an apparent extent of twenty-five ($25.00) dollars or more shall make written report, at Police Headquarters, on forms furnished by the city, within forty-eight (48) hours after the accident. Section 1. 15 When Driver Unable to Report 15(a) Whenever the driver of a vehicle is physically incapable of giving immediate notice of an accident as required in Section 1.8 and having another - 4: - occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give, or cause to be given, the notice not given by the driver. , l5(b) Whenever the driver is physically incapable of making a written report of an accident as required in Section 1.13 and such driver is not the owner of the vehicle, then the owner of t.'1e vehicle involved in such accident shall within five (5) days after learning of the accident make such report not made by the driver . Section 1.16 Written Accident Reports Confidential: All written accident reports made by drivers, owners, or occupants of vehicles involved in accidents as required in Sections 1.12 and 1.13 shall be without prej- udice to the iOOividual so reporting and shall be for the confidential use of the Police Department having use for the records for accident prevention purposes. except that the Police Department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident. No such report shall be used as evidence in any trial, civil or criminal, arising out of an accident except that the Police Department shall furnish upon demand of any person who has, or claims to have, made such a report or upon demand of any court, a certificate showing that the specified accident report has or has not been made to the Police Department solely to prove the compliance or failure to comply with the requirements that such a report be made to the department. Section 1.17 Interference at Scene of Accident Prohibited: No person shall proceed to the scene of an accident or other emergency or stop and park a vehicle or congregate in the vicinity thereof so as to interfere with police officers or other persons performing their duties at the scene of such accident or other emergency or for the purpose of advertising or offering any service. Section 1.18 Compliance With State Law: 18(a) No person shall operate any vehicle, Q[' permit the same to be operated, on any street or highway unless the same complies with the laws of the State of Alaska. l8(b) No person shall operate any vehicle unless he is licensed as an operator or chauffeur as required by the State of Alaska and unless he has a valid license - 5 - 1.\0 gt'Antad in his possession at all times while operating a vehicle, and no person shall violate any condition or privilege of such license. No person shall permit an unlicensed driver to operate any vehicle owned by him. 18(c) No person whose operator's or chauffeur's license has been suspended, revoked, or refused f::!:aH drive any vehicle while license is suspended, revoked. or refused. ARTICLE II - TRAFFIC CONTROL DEVICES: Section 2.19 Aut.hority to Instal! Trafnc-Control Devices: The public works department supervisor under the direction of the City Manager, shall place and mainta.in traffic-control signs, signals, and devices when and as required under the traffic ordil.ances of this city to make effective the provisions of said ordinances, and may place and maintain such additional traffic-control devices as he may deem necessary to regulate traffic under the traffic ordinances of this city or under state law, or to guide or warn traffic. Section 2.20 Specifications for Traffic-Control Devices: All traffic-control signs, signals, and devices shall so far as practicable conform to the "Manual on Uniform Traffic-control Devices for Street and Highway, .. All signs and signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the city. All traffic- control devices so erected and not incons:-stent with the provisions of state law or this ordinance shall be ofilcial traffic-control devices. Section 2.21 Obedience to Official Traffic-Control Devices: The driver of any ve:-:.kle shall obey the instructions of any official traffic. control device applicable thereto placed in accordance with the traffic ordinances of this city, uflless otherwise directed by a police office, subject to the exceptions granted the driver of an authorized vehicle in this ordinance. Section 2.22 When Traffic Devices Required for Enforcement: No provision of this ordinance for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper pos:don and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that - 6 - signs are required, such section shall be effective even though no signs are erected or in place. Section 2. 23 Display of Unauthorized Signs, Signals, or Markings: 23(a) No person shall place, maintain, or display upon or in view of any street or highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic-control device or rail- road sign or signal. or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. 23(b) No person shall place or maintain nor shall any public authority permit upon any street or highway any traffic sign or signal bearing thereon any commercial advertising. 23(c) No person shall place or maintain any advertising device which is primarily designed for the purpose of attracting the attention of drivers of vehicles by revolving beacons, flashing lights, movement of objects or emission of blatant sound. 23(d) Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the street or highway is hereby empowered to remove the same or cause it to be removed without notice. Section 2.24 Interference with Official Traffic-Control Devices: No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof. Section 2. 25 Play Streets: 25(a) The Chief of Police, under the direction of the City Manager, shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same. 25(b) Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residence are within such closed area, and then any said driver shall exercise the greatest care - 7 - in driving upon any such street or portion thereof. 25(c) In designating any street or area as a play street or grounds The City of Seward and the Chief of Police shall be saved harmless and free from all liability . claims, demands, suits, judgements and actions of any nature whatsoever arising out of designating a p~.ay are:>. or street. Section 2. 26 Crosswalk3 and Safety Zones: The public works depsoxtment sppervisor, under the direction of the City Manager, is hereby G.ut:1o:ri.!~,:;d: (1) To designate end mt',intain. by appropriate devices, marks. or lines upon the surface of u'1e road'Nay, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway. and at such other places as he mey deem necessary. (2) To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. Section 2.27 Traffic Lanes: 27(a) The public works department supervisor, under the direction of the City Manager. is hereby authorized to mark traffic lanes upon the roadway of any f?treet or highway where a regular alignment of traffic is necessary. 27(b) ~'here such traffic lanes have been marked, it shall be unlawful for the driver of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement. Section 2.28 Streets Closed to Traffic: 28(a) The Chiei' of Police, Supervisor of Public Works Department or the City Manager shall be authorized to close streets to traffic. 28(b) Whenever any street is closed to the use of traffic and the same is so indicated by aUu'1orized signs or barriers. no vehicle shall proceed into said street or any portion thereof except as directed by said signs. Whenever a street is closed. notice shell immediately be given to the fire chief. 28(c) No person, public utility or any city department shall erect or place any barrier or sign on any street or sidewalk, unless first authorized by the Director of Public Works or the City Manager. This section does not apply to - 8 - street closures effected by the department of Police as authorized by Section 1. 27(a). Section 2. 29 Airport Restricted Areas Closed to Traffic: No unauthorized vehicle shall enter or travel upon any portion of the airport designated for use by aircraft. Those portions of the airport designated for air- craft shall include but not be limited to taxiways, runways, and runway approach zones. ARTICLE III - SPEED REGULATIONS: Section 3.30 Basic Speed: No person shall drive a vehicle upon a street or highway at a speed greater than is reasonable or prudent, having due regard for the traffic on, and the surface and width of the street or highway, and in no event at a speed which endangers the safety of persons or property. Section 3.31 Speed Limits: No person shall drive a vehicle upon a street or highway in excess of the following speeds unless such speed limits are changed as authorized in this ordinance and if so changed, then only when signs have been erected giving notice thereof, in which event no person shall drive a vehicle upon a street or highway in excess of the speed posted on the sign: 3L(a) Fifteen (15) miles per hour: (1) In any alley. (2) When passing any school building between the hours of 8:00 A. M. and 5:00 P. M., on school days or when crossing any marked school crossing during such hours, or while within any marked school zone, such zone to ex~end one hundred and fifty feet in either direction from any marked school crossing. ,(3) On Fourth Avenue between Adams Street and Railway Avenue. (4) As posted in other areas (i. e., Small Boat Harbor). 3I(b) Twenty-five (25) miles per hour: (1) Through any residence district except on arterial streets and except as otherwise provided herein. - 9 - Section 3.32 Authority to Increase Speed Limits: . Whenever the Chief of Police determines upon the basis of an engineering and traffic investigation that a speed greater or less than twenty-five (25) miles per hour would facilitate the orderly movement of vehicular traffic and would be reason- able and safe on any street or highway otherwise subject to a prima facie limit of twenty-five (25) miles per hour under this ordinance, the Chief of Police may determine and declare a prima facie speed limit of fifteen, twenty-five, thirty, thirty-five, forty, forty-five, or fifty miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie speed limit shall be effective when appropriate mechanical, electrical, or painted signs giving notice thereof are erected upon said street or highway. Section 3.33 Minimum Speed: It shall be unlawful for any person to operate a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic at the point of operation thereof, except when a reduced speed is necessary for safe operation or in compliance with any law, rule, or regulation. ARTICLE IV - 1URNING MOVEMENTS: Section 4.34 Required Position and Method of Turning at Intersections: The driver of a vehicle intending to turn at an intersection shall do as follows: 34(a) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. 34(b) Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left-turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection. 34(c) Left turns on other than two-way roadways. At any intersection where (1'" ... - 10 - traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the inter- section in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be m~de so as to leave the inte-.csection, as nearly as practicable, in the left- hand lane lavvfully available to traffic moving in such direction upon the roadway being entered. Section 4.35 Signals Requh'ed for Turning and Stopping: (35(a) No person shall turn a vehicle from a direct course or move right or left upon a roadway unless such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided herein. Any signal of intention to turn right or left shall be given continuously during the last one hundred (100) feet traveled by the vehicle before turning. 35(b) No person shall stop or suddenly decrease the speed of his vehicle on a street or highway without first giving an appropriate signal in the manner provided herein. 35(c) All signals herein required given by hand and arm shall be given from the left side of a vehicle in the following manner and such signals shall indicate as follows: (1) LeIt Turn. Hand and arm extended horizontally beyond the side of the vehicle. (2) Right Turn. HaJ!!d and arm extended upward beyond the side of the vehicle. (3) Stop or sudden decrease of speed. Hand and arm extended down- ward beyond the side of the vehicle. 35(d) The signals herein required shall be given either by means of the hand and arm or by a signal lamp or mechanical signal device of an approved type, but when the body of the vehicle3 or the body or load on any vehicle projects thirty-two inches or more to the left of the center of the steering wheel, or under any condition when a hand and arm signal would not be visible both to the front and rear of such vehicle or vehicles then such vehicle or vehicles must be equipped with and said signals must be given by such a lamp or device. - 11 - Section 4.36 Authority to Place and Obedience to Turning Markers: . 36(a) The Chief of Police is authorized to place markers, buttons, or signs within or adjacent to intersections indicating the course to be travelled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law or ordinance. 36(b) When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles turning there- at, no driver of a vehicle shall disobey the directions of such indications. Section 4.37 Authority to Place Restricted Turn Signs: 37(a) The Chief of Police is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left, or "U" turn, and shall place proper signs at such intersections. The making of such turns may be pro- hibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted. 37(b) Whenever authorized signs are erected indicating that no right or left or "U" turn is permitted, no driver of a vehicle shall disobey the directions of any sign. Section 4.38 Limitations on Turning Around: A driver of a vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle, except at an intersection and unless such movement can be made in safety and without interfering with or delaying other traffic. Section 4.39 Left and "U" Turn Prohibited: 39(a) It shall be unlawful to make a "U" turn upon any street or highway be- tween intersections or at any signalized intersection. 39(b) It shall be unlawful to make a left turn from an alley or parking lot where it is prohibited by signs. ARTICLE V - ONE-WAY STR2ETS AND ALLEYS: Section 5.40 Authority to Sign One-Way Streets and Alleys: 40(a) The Chief of Police may designate anyone-way street or alley and when - 12 - so designated tile public Vlorks department shall place and maintain signs giving notice thereof, and no SUCll regulatiO:l shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. 40(b) Upon those Stc'C8ts and parts of streets and in those alleys designated as one-way, vchi~u12,r tr2.:Zfic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposit dIrection is prohibited. 40(c) The Chid of Police is hereby authorized to determine and designate streets, parts of streets, or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers, or other devices to give notice thereof. The Chief of Police may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway. 40 (c) It shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers, or other devices so placed in accordance with this article. AR TICLE VI - SPECIAL STOPS R EQUIR ED: Section 6.41 Artel'Ial Streets or Hi~hways: The Chief Of Police may designate and describe arterial streets or highways and when so designated it ahall be the duty of the public works department to place and maint~in a "stop' sign on e2.ch and every street or highway intersecting such arterial street or hiGl1Viay intersecting that portion thereof described and designated as such unless trafiic at eny such intersection is controlled at all times by traffic- control signals, pI'ovicted, however, that at the intersection of two such arterial streets or highways or at L'!G intersection of an arterial street and a heavy traffic street, not so designated, "stop' signs shall be erected at the approaches of either of said streets as mllY be determined by the Chief of Police on the basis of can engineering and trafiic study, - 13 - Section 6.42 Intersections Where Stop Required: The Chief of Police is hereby authorized to determine and designate intersect- ions where particular hazard exists upon other than arterial streets or highways and to determine whether vehicles shall stop at one or more entrances to any such intersection, and shall erect a "stop" sign at every such place where a stop is required. Section 6.43 Specifications for Stop Signs: Every sign erected pursuant to this article shall bear the word "Stop" in letters not less than eight (8) inches in height and such sign shall at night-time be rendered luminous by steady or flashing internal illumination, or by a fixed flood- light projected on the face of the sign, or by efficient reflecting elements on the face of the sign. 3very stop sign shall be located as near as practicable at the nearest line of the cross-walk on the near side of the intersection, or, if neon, at the nearest line of the roadway. Section 6.44 Vehicles to Stop at Stop Signs: When "stop' signs are erected as herein authorized at or near the entrance to any intersection, every driver of a vehicle approaching a stop sign shall stop before entering the cross -walle on the near side of the intersection or in the event there is no crosswalk shall stop at a clearly marked stop" line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection except when directed to proceed by a police officer or traffic-control signal. Section 6.45 Emerging From Alley, Driveway, or Building: The driver of a vehicle emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the side- walk area extending across any alleyway or driveway, yielding the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway. Section 6.46 Stop When Traffic Obstructed: No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or - 14 - pedestrians, notwithstanding any traffic-control signal indication to proceed. Section 6.47 Yield R ight-of- Way Signs: 47(a) The Chief Of Police is hereby authorized to determine and designate intersections where particular hazard exists upon other than arterial streets or highways and to determine whether vehicles shall yield right-of-way at one or more entrances to any such intersection, and shall erect "Yield Right-of-Way" signs at every such approach to an intersection so determined. 47(b) every sign erected pursuant to this section shall bear the words Yield Right-of-'lvay" with letters of the word "Yield" at least six inches in height and such sign shall at night-time be rendered luminous by a steady or flashing internal illumination, or by a fixed floodlight projected on the face of the sign, or by efficient reflecting elements on the face of the sign. every "Yield Right-of-Way" sign shall be located as near as practical at the nearest line of the crosswalk on the near side of the intersection, or, if none, at the nearest line of the roadway. 47(c) The driver of any vehicle upon approaching any "Yield Right-of-Way" sign at the entrance to a street or highway or intersection shall slow down and stop if necessary and shall yield the right-of-way to other vehicles which have entered the intersection from an intersecting street or highway or which are approaching so closely on the intersecting street or highway as to constitute an immediate hazard. Section 6.48 Obedience to Signal Indicating Approach of Railroad Train: 48(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirement shall apply when: (1) A clearly visible electric or mechanical device gives warning of the immediate approach of a railroad train. (2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train. (3) A railroad train approaching within approximately fifteen hundred feet of a street or highway crossing emits a signal audible from such distance - IS - and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard. (4) An approaching railroad train is plainly visible and is in hazardous proximity to such crossing. 48(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad grade crossing while such gate or barrier is closed, or is being opened or closed. AR TICLE VII - DR IVING RULES AND REGULATIONS: Section 7049 Following Fire Apparatus Prohibited: The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where the fire apparatus has stopped in answer to a fire alarm. Section 7.50 Crossing Fire Hose: No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or highway or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command. Section 7.51 Driving Through Funeral or Other Procession: No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as reouired in this article. This provision shall not apply at the intersections where traffic is controlled by police officers. Section 7.52 Drivers in a Procession: Each driver in a funeral or other authorized procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe. Each vehicle shall have lights burning while in a funeral procession. Section 7.53 Funeral Processions to be Identified: A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the traffic division. - 16 - Section 7.54 When Permits Required for Parades or Processions: No procession or pClrade, e:~cepting the Armed Forces of the United States or the State of Alaska and the ro:rcea of the Police and Fire Departments, shall occupy, march, or proceed alone; c:ny street except in accordance with a permit issued by the Chief of Police m,j ouch other regulations as are set forth herein which may apply. Section 7.55 Vehicles on a Sidewalk: The d:dver 0:::' a 7c:lki.e shall not drive upon any sidewalk area except at a permanent or temporary driveway 0 Section 7056 LimitatIons on Backing: The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic, except that under no circumstances shall the driver of a vehicle back the same into or through an intersection. Section 7.57 Riding on Motorcycles: 57(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular se~t if designed for two persons, or upon another seat firmly attached to the rea!: :3j.de or the operator. 57(b) The driver and .passenger shall wear a safety helmet. Section 7.58 Riding on 0:( Boarding or Alighting From Vehicles: 58(a) No perso:1 ridinz upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway. 58(b) No person shall board or alight from any vehicle while such vehicle is in motion. 58(c) No person sh811 ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to persons riding within truck bodies in space intended foX" merchandise. 58(d) No person shall enter or leave a vehicle from the left-hand side thereof - 17 - in any business district, Oil any arte.rial street, on any street or highway upon which traffic lanes are established, or whenever such action represents a safety hazard; provided, hmv8vs:c, that such prohibition shall not apply to a vehicle angle parked nor to authoT?zed emergency vehicles. Section 7. 59 Carryin~; .Animals on Outside of Vehicle: It shall be unlawful fo~' any pe~(son to transport any living animal on the running board, fenders, hood, or other outside part of any vehicle, unless suitable harness, cage, or enclosure be p::o-vided and 80 attached as to protect such animal from falling or being th:rown Cle:ceirom, Section 7.60 Driving Through Safety Zones Prohibited: No vehicle shall at any time be driven through or within a safety zone. Section 7.61 Controlled Gr Limited Access: No person shall drive a vehicle onto or from any controlled access or limited access roadway except at such entrances and exits as are established by public authority . Section 7.62 Railroad Trains Not to Block Streets: It shall be unlawful for the directing officer or the operator of any railroad train to direct the operation of or to operate the same in such a menner as to prevent the use or any street or highway for purposes of travel for a period of time longer than five (5) minutes, except that this provision shall not apply to trains or cars in motion other thim those engaged in switching. Section 7.63 Driving on Right Side of Roadway: 63(a) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roaclway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same directio:l unde:r the limitations specified in this article. (2) When placing a vehicle in a lawful position for, and when such vehicle is lawfully making a left turn, (3) Upon a roadway designated and sign posted for one-way traffic. (4) When the rIght half of the roadway is obstructed or is under con- struction OT repair, - 18 - 63(b) The Chief or Police is hereby authorized to determine and designate any , street or highway 01' &:1Y portion of a street or highway where the volume of traffic or the venical aT othe1. curvature of the roadway renders it hazardous to drive on the left side of such r02,dway 0 The Chief of Police shall have two parallel yellow stripes painted upon ti~:J pa7ement [.long any such designated street or highway. When such markLlgs OT siGn::; and markings are in place, the driver of a vehicle shall not drive along the sti'est or highvJay to the left thereof, but this shall not prevent turning to the left across any such marking at any intersection. 63(c) It is uruavlful to drive any vehicle upon any street or highway which has been divided into two oc mO:;.'e roadways by means of a physical barrier or by means of a dividing section of not less than two feet in width delineated by curbs, lines or other markings on the roadway, except to the right of such barrier or dividing section, or to drive any vehicle over or across any such dividing section, or to make any left turn or "U" turn on any such divided street or highway, except in a crossover or intersection. Section 7. 64 Meeting of Vehicles: Drive-.cs of vehicles proceedIng in opposite directions shall pass each other to the right, each giving to the other at least one-half of the main traveled portion of the roadway as nearly as possible. Section 7.65 " Following or Overtaking a Vehicle: 65(a) The driver (of any vehicle overtaking another vehicle proceeding in the same direction shtlll pa38 a"i: a safe distance to the left thereof, and shall not again drive to the right sIde of the roadway until safely clear of such overtaken vehicle. 65(b) The driver o:i' a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (1) Vifhen ~he vehicle overtaken is making or about to make, a left turn~ (2) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction; (3) Upon a one-way street, or upon any roadway on which traffic is - 19 - restricted to one direction 0::: movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles. 65(c) The driver 01' a mOWi" vehicle shall not follow another vehicle more closely than is reasonable and p:-C::1enL, having due regard to the speed of such vehicle and the tr8.ffic 8.r,.d co;:ditions of tile fJtreet or highway. Section 7.66 LiminLion:J o:a Overtaking and Passing: 66(a' The drive:- of a vehicle ch2Jl not drive to the left side of the center line of a roadway in overtaking 8nd passing another vehicle proceeding in the same direction unless such left side i3 clearly visible and is free of on-coming traffic for a sufficient distance rchead to permit such overtaking and passing to be made in safetyo 66(b) The drive;: of a vehicle shall not overtake or pass another vehicle pro- ceeding in the same direction upon a grade or upon a curve in the roadway unless the driver' s view alone; the roadway is sufficient to insure safety 0 66(c) The driver of a vehicle shall not overtake or pass any other vehicle pro- ceeding in the same direction at any railroad grade crossing nor at any inter- section of srreets or highwaYb unless permitted !O do so ty a police officer. 66(d) The driver of a veI1icle shan not overtake or pass any other vehicle pro- ceeding in the same direction when yellow lines are in the traffic lane. Section 7.67 School Bus: Def!~ed; Procedure When l';feeting and Overtaking; Sig~ an~Sign81 H equirements; Compliance with State Board of Education; Biannual Inspection: 67(a) For the purposes of this section, a school bus is defined as any vehicle having a capacity of seven or more persons and used regularly for the purpose of transporting children to or from a school. 67(b) The driver of any vehicle upon a street or highway, upon meeting or overtaking from either direction any school bus equipped with signs and signals as herein required which h'lS stopped on a street or highway for the purpose of receiving or discharging any school children when such school bus displays two flashing red light signals visible from the rear and two flashing amber light signals from the front shall bring such vehicle to a stop immediately before passing said school bus ani shall nOI: proceed past such school bus until said flashing - 20- signals cease to operate. The driver of a vehicle upon a street or highway with seperate roadways need not stop upon meeting or passing a school bus which is upon the other roadway 0 The driver of a vehicle need not stop upon meeting or passing a school bus when the latter is stopped at an intersection or place where traffic is controlled by a traffic officer or official traffic-control signal. 67(c) Every school bus, v"hen operated for the transportation of school children shall bear upon the front and rear thereof, a plainly visible sign contain- ing the words "School Bus' , in letters not less than eight inches in height. Upon every such sign, the letters shall be of proportionate width. No vehicle, other than a school bus, shall display slJch a sign. Vehicles formerly used as school buses but currently used for other purposes shall have all pertinent lettering and flashing lights removed" 67(d) 2very school bus when operated for the transportation of school children shall be equipped with two flashing red light signals visible from the rear and two flashing red light signals visible from the front. The above required signals shall be a completely separate system and shall be independently operated by the driver, The driver of a school bus shall operate this signal at all times when a school tus is stopped on a street or highway for the purpose of loading or unloading children. Such signals shall not be operated at any other time. 67(e) 2very school tus when operated for the transportation of school children shall comply with all of the requirements and regulations of the State Board of Education, 67(f) The driver of a school tus shall not exceed thirty-five (35) miles per hour when occupied by children. Section 7.68 Right-of-Way: 68(a) When the driver of a vehicle approaches an intersection, he shall yield the right-of-way to any vehicle which has already entered intersection from a different street or highway" 68(b) When two vehicles enter an intersection from different streets or high- ways, neither of which are arterial streets or highways, at approximately the same time, the driver on the left shall yield the right-of-way to the vehicle on the right" - 21 - 68(c) TIle driver of a vehicle intending to turn to the left within an intersection . or into an alley. private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard. Provided, however, that if such a driver is involved in a collision with a vehicle in the intersection or when turning into an alley, private road or driveway arter proceeding with the left turn, such collision shall be deemed prima facie evidence of his failure to yield the right-of-way. 68(d} North-South avenues have the right of way over 2ast-Viest Streets, unless otherwise posted. Section 7069 ~~xceptions to the I:. ight-of- Way Rule: The driver of a vehicle entering an arterial street or highway, as designated in accordance with this chapter, shall yield the right-of-way to all vehicles approaching on such streets or highways. Section 7.70 Right-of-Way For Moving Traffic: The driver of any vehicle entering a street or highway at a point other than a street or highway intersection or entering traffic on a roadway from a parked or angle-parked position on such street or highway, shall look out for and yield the right-of-way to other vehicles on such roadway. Section 7.71 Coasting Prohibited: The driver of a vehicle, when traveling on a down grade, shall not coast with the gears of such vehicle in neutral. Section 7.72 Towing: 72(a) No vehicle shall tow more than one other vehicle, nor more than two trailers, and the connections shall not be over sixteen feet long, and a red flag or other signal, or cloth not less than twelve inches both in length and width shall be fastened to the tow-line so as to make it plainly discernible. Each vehicle shall separately display thereon the lights required on a vehicle of the class to which it belongs. 72(b) Trailers must track within six inches of the preceeding vehicle. 72(c) Trailers shall be attached to the preceding vehicle by means of a suitable coupling. Two safety chains, one on each side of the coupling, must also be used. Both chains must be attached to the chassis frame. Each chain must be of - 22 - sufficient strength to pull the trailer or trailers attached to it when it is loaded to maximum capacity. Section 7.73 Unattended Motor Vehicles: No person having control or charge of a motor vehicle shall allow such vehicle to stand on any roadway unattended without first effectively setting the brakes there- on, and when standing upon any grade without turning the front wheels of such vehicle to the curb or side of the roadway. and such person shall be held responsible for removal of ignition key. Section 7. 74 Noise and Smoke: 74(a) No person in charge or control of any vehicle shall make with such vehicle, or any device connected therewith, any noise so excessive as to annoy the public, or unnecessarily race his motor while running idle, or open the muffler of any vehicle, or permit such vehicle or any device thereon to emit an unreason- able quantity of smoke, or noxious gases or vapor. 74(b) No person shall use any sound amplifying device, recorded music, or radio in or from any vehicle on any street or highway for the purpose of attracting the attention of persons to the sounds issued therefrom, except after receiving a permit from the Chief of Police. Said permit shall be in writing. Section 7.75 Obstruction of Driver's View or Driving Mechanism: 75(a) No driver of any vehicle shall drive the same when such vehicle is so loaded as to obstruct the view of the driver to the front or sides or to interfere with the driver's control over the driving mechanism of the vehicle. 75(b) No person shall drive a vehicle with more than three people occupying the front seat. 75(c) The windshield in front of the driver shall be kept clear of dirt, snow, and ice or open so that the driver's view is unobstructed. No person shall drive any vehicle upon a street or highway with any sign, poster, or other non- transparent material upon the front windshield of such motor vehicle other than a certificate or other paper required or permitted to be displayed by law. Section 7.76 Glass, Etc., on Thorofare Prohibited: 76(a) No person shall throw or deposit upon any highway, street, or alley any glass, nails, tacks, wire, cans or other substance likely to injure any person, - 23 - animal, or vehicle upon such street or highway. 76(b) No person who drops, or permits to be dropped or thrown, upon any street or highway, any destructive or injurious material shall not fail to immediately remove the same or cause it to be removed. 76(c) No person removing a wrecked or damaged vehicle from a street or highway shall fail to remove any glass or other injurious substance dropped upon a highway from such vehicle. Section 7.77 Persons Under Influence of Intoxicating Liquor or Drugs: 77(a) No person who is an habitual user of narcotic drugs or who is under the influence of intoxicating liquor or any drug or the combined influence of intoxicating liquor and any drug, shall drive any vehicle within the city. 77(b) No person who is a habitual user of narcotics or who is under the in- fluence of intoxicating liquor or any drilg or the combined influence of intoxicating liquor and any drug, shall be in actual physical control of any vehicle within the city . 77(c) No owner or person having control of any vehicle shall knowingly authorize or willingly permit the vehicle to be driven on any street or highway with- in this city by any person who is an habitual user of narcotic drugs or who is under the influence of intoxicating liquor or any drug or the combined influence of intoxi- eating liquor and any drug. 77(d) The fact that any person charged with the violation of this section is or has been entitled to use any such intoxicating liquors or any drugs under the laws of the State of Alaska shall not constitute a defense against any charge of violating this section. Section 7.78 Reckless Driving: It shall be unlawful for any person to operate a motor vehicle in a reckless manner over and along the public ways, streets or highways of this city. For the purpose of this section, 'to operate in a recldess manner", shall be construed to mean the operation of a vehicle upon the public ways, streets or highways of this city in such a manner as to indicate either willful or wanton disregard for the safety of persons or property, or without due caution and circumspection and at a speed or in a manner so as to endanger or to be likely to endanger any person or property . - 24 - Section 7.79 Negligent Driving: It shall be unlawiul for any person to operate a motor vehicle in a negligent . manner over and along the public ways, streets or highways of this city. For the purpose of this section to "operate in a negligent manner , means the operation of a vehicle upon the public ways, streets or highways in such a manner as to en- danger any person or property. The offense of operating a vehicle in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating a vehicle in a reckless manner, and any person charged with operating a vehicle in a reckless manner may be convicted of the lesser offense of operating a vehicle in a negligent manner. Section 7.80 Pedestrians' Right-of-Way in Crosswalk: 80(a) The driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing a roadway within a cross- walk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle, which is so close that it is impossible for the driver to yield. 80(b) Whenever any vehicle is stopped at a marked crosswalk or at any un- marked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. Section 7.81 Pedestrians to Use Right Half of Crosswalk: Pedestrians shall move, whenever practicable, upon the right half of cross- walks. Section 7.82 Crossing at Right Angles: No pedestrian shall cross a roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb. Section 7.83 When Pedestrians Shall Yield: 83(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at any intersection shall yield the right-of-way to all vehicles upon the roadway. - 25 - 83(b) The foregoing rules of this section have no application under the con- ,ditions stated in Section 7.84, when pedestrians are prohibitted from crossing at certain designated places. Section 7.84 Prohibited Crossing: 84(a) Pedestrians shall not cross at any place except in a crosswalk. 84(b) No pedestrian shall cross a roadway other than in a crosswalk in the central business traffic district or in any business district. 84(c) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed. Section 7.85 Pedestrians Walking Along Roadways: 85(a) Where sidewalks are provided, it shall be unlawful for any pedestrian to walle along and upon an adjacent roadway. 85(b) Where sidewalks are not provided any pedestrian walking along and upon a street or highway shall, when practical, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. Section 7.86 Pedestrians Soliciting Rides or Business: 86(a) No person shall stand in a roadway or in proximity to a street or high- way for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle. 86(b) No person shall stand in any roadway or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. Section 7.87 Drivers to Excercise Due Care: Notwithstanding the foregoing provisions of this article, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding a horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapaci- tated person upon a roadway. ARTICLE VITI - METHOD OF PARKING: Section 8.88 Standing or Parking Close to Curb: No person shall stand OT park a vehicle in a roadway other than parallel with - 26. the edge of the roadway headed in the direction of lawful traffic movement and with , the right-hand wheelo or th;:: vehicle within eighteen inches of the curb or edge of the roadway, except as otherwise provided in this article. Section 8-89 Signs or Markings Indicating Angle Parking: The Chief of Police shall determine upon what streets or highways angle park- ing shall be pe:c-mitted and shall mark or sign such streets. Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive on the left side of the roadway or where angle parking would create a hazard to passing traffic. Section 8.90 Lights on Parked Vehicles: 90(a) Whenever a vehicle is lawfully parked during hours of darkness upon any street or highway within a business or residence district, no lights need be displayed upon such parked vehicle. 90(b) Whenever a vehicle is parked upon a street or 'highway outside of a business or residence district during the hours of darkness, such vehicle shall be equipped with one or more lamps which shall exhibit a white light visible from a distance of five hundred feet to the front of the vehicle and a red light visible from a distance of five hundred feet to the rear. 90(c) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. Section 8.91 Aba>ndonded Vehicles: " "Abandonded Vehicles" for purposes of this code, shall mean all vehicles which have been parked in the same location upon any city street or thorofare for a time period in excess of ninety-six (96) hours after illegal twenty-four (24) hour parking citation has been attached to vehicle. ARTICLE L,( - STOPPING, STANDING, OR PARKING PROHIBITED OR RESTRICT3D IN SPECIFIED PLACES: Section 9.92 Stopping, Standing, or Parking Prohibited~ No Signs Required: 92(a) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with this chapter or the directions of a police officer or traffic-control device, in any of the following places: - 27 - - 28 - (1) On a .sidewaHc, (2) In froat 0: a putlic Oi- private driveway. (3) Within an i!"itersection. (4) V/ithin fifteel1 (15) feet of a fire hydrant. (5) Oil H c:~o~3~.7alk~ (6) Witil111 t\,7enty (20) feet of a crosswalk at an intersection, except when a traffic-com-rol signal is in operation. (7) WiG1in fii':jf feet of the nearest rail of a railroad crossing, except when stopped :far 2!1 approaching or passing railroad train in compliance with Section 10':'7 of this chapter, (8) Wit~lin twenty (20) feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within seventy-fi'Te (75) feet of said entrance. (9) Along side or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. (10) On the roadway side of any vehicle stopped or parked at the edge or curt of the roadway. (11) Upon allY br~dge or other elevated structure upon a street or highway or within & stn:;et or highway tunnel. (12) Any place where official signs prohit-it parking. 92(b) No person shall move a vehicle not lawfully under his control into any such prohibited area or 8.\'.'a; from a curb such distance as is unlawful. 92(c) (1) It shall be unlawful for any person to park or cause to be parked any motor vehicle in the private parking place of any other person, firm, or corporation without the expressed permission of such person, firm, or corporation if such pri-.-ate parking place has been signed, posted, or other- wise clearly designated as a private parking place. (2) It shat! be unlawful for any person to park or cause to be parked any motor vehicle at such place or in such position as would block the way of ingress or egress of a motor vehicle to any private parking place owned or controlled ]:;y any person, firm or corpora":ion. (3) In the event of any violation of this subsection, and upon the written request of the rightful owner or lessee of said off-street private parking place, any vehicle pad:ed in off-street facilities without the per- mission of the owner, or any vehicle blocking the ingress and egress of motor vehicles to and from private parking places shall be impounded by the city and the vehicle towed to an approved storage facility where it shall be retained until the owner pays the towing charges. If not reclaimed within three (3) months, the provisions of Section 14.168 (c) shall apply. Eefore any such vehicle is impounded, the police may require of the per- son requesting impoundment, an affidavit that said person is rightfully in control of the parking place in question and holding the city harmless for any loss or damage growing out of said impoundment. Section 9.93 Parking Not To Obstruct Traffic: No person shall park any vehicle upon a street or highway, other than an alley, in such a manner or under such conditions as to leave available less than ten (10) feet from the center line of such roadway for the free movement of vehicular traffic. Section 9.94 Parking In Alleys: 94(a) No person shall park a vehicle within an alley in the central business traffic district or any business district except for the expeditious loading or un- loading of freight or materials and then the vehicle shall be parked in such manner or under such conditions as to leave available not less than ten (10) feet of the width of the alley for the free movement of vehicular traffic. 94(b) No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the alley for the free movement of vehicular traffic. 94(c) No person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. 94(d) No person shall stop, stand, or park within au alley in such a position as to block the movement of traffic through the alley. Section 9.95 Parking For Certain Purposes Prohibited: 95(a) No person shall park a vehicle upon a roadway for the purpose of: (1) Commercial advertising. - 19 - (2) 'Nashing, greasing, or repairing such vehicle, except repairs necessitated by an emergency. 95(b) No dealer in vehicles shall park any vehicle which is for sale or which is held for sale upon any street or roadway, unless such vehicle is then attended by an operator. Section 9.96 Parking Adjacent To Schools: 96(a) The Chief of Police is hereby authorized to erect signs indicating no parking upon either or both sides of any street or highway adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. 96(b) \JIhen official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place. Section 9.97 Parking Prohibited on Narrow Streets or Highways: 97(a} The Chief of Police is hereby authorized to erect signs indicating no parking upon any street or highway when the width of the roadway does not exceed twenty-six (26) feet, or upon one side of a street or highway as indicated by such signs when the width of the roadway does not exceed thirty-five )35) feet. 97(b) 'JVhen official signs prohibiting parking are erected upon narrow streets or highway as authorized herein, no person shall park a vehicle upon any such . street or highway in violation of any such sign. Section 9.98 Standing or Parking on One-Way Streets or Thor ofares: The Chief of Police is authorized to erect signs upon the left-hand side of any one-way street or highway to prohibit the standing or parking of vehicles, and when such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign. Section 9.99 Stopping, Standing, or Parking Near Hazardous or Congested Places: 99(a) The Chief of Police is hereby authorized to determine and designate by proper signs, places in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic. 99(b) VThen official signs are erected at hazardous or congested places as - 30 - . authorized herein no person shall stop, stand, or park a vehicle in any such . designated place. Section 9.100 Parking Prohibited During Certain Hours: lOO(a) The public works department supervisor is hereby authorized to deter- mine and designate by proper signs, places in which stopping, standing, or parking of vehicles during certain hours of the day would create a hazardous condition or would cause unusual delay to traffic. 100(b) When signs are placed on streets prohibiting parking of vehicles during snow removal or clearing operations, no person should park any vehicle in closed or restricted area, and any vehicle found so parked shall be impounded. 100(c) When official signs prohibiting parking during certain hours of the day are erected as authorized, no person shall stop, stand, or park a vehicle in any such designated place. Section 9.101 Parking Prohibited Over 1\venty-Four Hours: 101(a) V:lhen parking is restricted to twenty-four (24) hours limit, signs shall be placed in the following manner: (1) Residential Districts: One (1) sign on each side of street in each block. (2) Business District: From Railway Avenue north to Washington Street (on Fourth Avenue), one (1) sign on each side of street; from Washington Street north to Jefferson Street (on Fourth Avenue), two (2) signs on each side of the Avenue in each block. Section 9.102 Parking of Trailers Restricted: l02(a) No trailer shall be parked on any street or highway of this city for a longer period than one (1) hour at anyone time. 102(b) The Chief of Police may designate streets in the central business traffic district on which no trailer shall be stopped, parked, or allowed to stand between the hours of six o'clock a. m. , and six o'clock p. m. Section 9.103 Parking of Trucks in Excess of One Ton on Certain Streets Prohibited: 103(a) No vehicles in excess of one (1) ton capacity shall be parked on Fourth Avenue between Railway Avenue and Adams Street. - 31 - 103(b) Section 9-l03(a) shall not apply when vehicle is in process of loading or unloading merchandise. . Section 9. 104 Regulations Not Exclusive: The provisions of this article imposing a time limit on parking shall not re- lieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times. Section 9.105 Application of This Article: The provisions of this article prohibiting the standing or parking of a vehicle shall apply at all times, or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. AR TICLE X - STOPPING FOR LOADING OR UNLOADING: Section 10. 106 Public Carrier Stops and Stands: The Chief of Police is hereby authorized to establish bus stops, taxicab stands, and stands for other passenger common carrier motor vehicles on such public streets or highways in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, taxicab stand, or other stand shall be designated by appropriate signs. , Section 10-107 Stopping, Standing, and Parking of Buses and Taxicabs: 107(a) The driver of a bus shall not stand or park such vehicle upon any street or highway at any place other than a bus stop so designated as provided herein. l07(b) The driver of a bus shall not stop such vehicle upon any street or highway at any place for the purpose of loading or unloading passengers other than any bus stop or passenger loading zone so designated as provided herein, except in case of an emergency. l07(c) The driver of a bus shall enter a bus stop or passenger loading zone of a public street or highway in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position with the right front wheel - 32 - of sucll vellicle not fUl'Lhe:;: th3.l1 eighteen (18) inches from the curb and the bus appro:dmately pal'dbJ. tJ the curl:; so as not to unduly impede the movement of ci:her veh~lculn~{' t.L"~:r~ric(' l07(d) The Ql';VE:r of a tnica:'J shall not stand or parle such vehicle upon any sLc'eet or h:'::sh"m:ty 2.;: 8.'7 plc:e," other than in a taxicab stand so designated as pra- - vided hen.'l:!n, I11:~:J [;;:'(")';:2ioE si13.ll not prevent the driver of a taxicab from tempor- arily stop!.Jing in acco::danc::c with other stopping or parking regulations at any place for the p~lrpJ3c 0: ",ie' -,'!hile actually engaged in the expeditious loading and unload;no' of '0::1~" ~".-.'1'~ .- J.b J__ 1- C,.:"'I.... 'I.___.1:.)'j._ I: ~ Section 10.108 Rt.strictec1.Use of Bus Stops and Taxicab Stands: No person 8h<'.11 rJt0}i, s:and, or park a vehicle other than a bus in a bus stop or other than a tay;icab in a L"lX':cat stand when any such stop or stand has been officially designated and aprropriately signed. ARTICLE XI - REGULATING THE KINDS AND CLASSES OF TRAFFIC: .section 1l.1O;J Width 0::' \.ie~lides: No vehicle operating on tile streets OY highways within this city shall exceed a total width of eig;ht (3) reet, including the load, except that the limitation as to size of vehicle sh8.U He: apply to road machinery while engaged in the construction or maintem.nce of stre,"tr.J Oi' alleys. Seclio'" 11 11 [\ 'c'~i~.h"'" .,......1: ""j"c'l'cl-::lo"" '.. . _ '0 r "-:-'''.:..-=-.'~.~.!:-~ No V(:;llic1'2 opc"~cc1.t:j}=~ oa be streets or highways within this city with or without load, shall e:,ceed 2. l1eig;~t cf rou:nee:l feet six inches. (14 ft., 6 in. ) Section 11. III Lcnztl> C'J Vehicles: No vel1tde inclu(!cJl:?; any loced thereon, operating on the streets or highways within this city sh8.11 hC.'le a greater length than thirty-five (35) feet and no com- bination 0:: conaectcd vc:,kles shall have an overall length of more than sixty (60) feet nor shall such comb:;.".ii.m consist of more than three (3) units. Section 11. 112 L::ngt:l of Loa~~: 112(a) Subject to Section 1L III limiting the length 0: vehicles and loads, the load upon 2.ny vehicle oI)P.:Tatin~ alone, or the load upon tt e front vehicle of a com- bination of 7eh~cles, shall no': extend more than three (3 \ feet beyond the foremost ...- 'part en' such vehicles. .. 33 - ATTACHED TO AND MADE A PART OF THE MINUTES Of THE SEWARD CITY COUNCIL ~OL. 14{! P~,78 ames R. Fi~ (, City Clerk-Treasurer PROCLAr4ATlON v WHEREAS, President Richard M. Nixon and members of the United States Congress have declared Friday, May 1, 1970 as Law Day, and WHEREAS, it is appropriate for all citizens to review the need for good laws for the continued growth and prosperity of our Nation and our city, and WHEREAS, it is a time for greater understanding of the needs of our police officers whether they be employed by the city, the state or the Nation, FlOW, THEREFORE, I, WILLIAM M. UllO~l, ~layor of Seward, do hereby proclaim Friday, May 1,1970. as LAW DAY and sincerely urge members of the community to reflect on the contributio~s made by law enforcement personnel in the discharge of their representative duties. 1M TESTIMONY ~mEREOF. I have hereunto set my hand this 27th day of April, in the year of our Lord, one thousand. nine hundred and seventy. ~~m vU~ William M. Ullom, Mayor € ames R. Filip, City Clerk-Treasurer ATTACHED TO AND MADE A PART OF THE MINUTES OF THE SfRD CITY COUNCIL V . 14 ~)~E,- ~IL,' " -~mes R. Fll i p, L C1 ty Clerk-Treasurer PROCLAt:1ATlON WHEREAS, Hope Cottage in Anchorage provides for the care and education of retarded children; and WHEREAS, this care is provided 'in a home-like setting on an individual basis established by need. and WHEREAS, this care is costly and that funds are required for the continuation and expansion of Hope Cottage programs; NOW. THEREFORE. I, William M. Ullom. Hayor of Seward. do hereby proclaim Saturday. May 2. 1970. as HOPE COTTAGE DAY and urge all citizens to join in supporting the walk for Hope Cottage in order that its programs will be supported by the funds that are collected that day. IN TESTIMONY WHEREOF, I have hereunto set ~ hand this 27th day of April. in the year of our Lord, one thousand, nine hundred and seventy. ATTEST: '/Jf~~ Y'n LLfL~ a1lliam M. Cllom ~iayor - 34 - 112(b) The load upon any motor vehicle operating alone or the load upon the rear vehicle of a combination of vehicles, shall not extend more than six (6) feet beyond the rear oi the bed or body of such vehicle. 112(c) The limitations as to the length of vehicles and loads heretofore stated in Section L 111 and Section 1.112, shall not apply to any load upon a pole trailer when transporting poles or pipes or structural material which cannot be dis- membered, provided no pole or pipe or other material exceeding eighty (80) feet in length shall be so transported unless a permit has first been obtained as authorized in Section 1.114, Section 11. 113 Weight of Vehicles: 113(a) The term "gross weight" as used in this section means the combined weight of the vehicle and its load. No vehicle or combination of vehicles shall exceed the following gross weights: (l) No single axle shall exceed eighteen thousand (18,000) pounds and no motor vehicle equipped with pneumatic tires shall have a load ex- ceeding five hundred (500) pounds per inch in diameter of such tires, nor shall any vehicle equipped with solid rubber or steel tires have a load in excess of four hundred (400) pounds per inch in width of such tires, but no solid rubber or steel tires shall be used on a paved road. (2) No vehicle equipped with two (2) axles shall have a gross weight of more than twenty-ntne thousand (29,000) pounds, nor shall either axle support a weight of more than eighteen (18,000) pounds. (3) For a single vehicle with three (3) axles, having dual rear axles not less than three feet, six inches (3' 6 ) apart, a gross weight of not more than forty-three thousand (43,000) pounds is permitted, but neither rear axle shall support a weight of more than sixteen thousand (16,000) pounds. (4) Where single axle semi-trailer is attached to another vehicle with two (2) axles and the distance between the axle of the trailer and the nearest axle of the other vehicle is not less than fourteen (14) feet, a gross weight of not more than forty-seven thousand (47,000) pounds is permitted for the combined vehicle. (5) Where a single axle semi -trailer is attached to another vehicle with three (3) axles having dual rear axles not less than three (3) feet, six (6) inches apart, and the distance between the axle of the trailer and the near- est axle of the oi.her ve:licle is not less than fourteen (lL~) feet, a maximum gross weight oj' 110'<: mo,-"e than sixty-one thousand (61,000) pounds is permitted for the combined veh),clc3, cut neither of the two (2) rear axles of the other vehicle shall support a weig:lt of more than sixteen thousand (16,000) pounds. (6) Whe~(e a ci.ciJble a:de semi-trailer with axles not less than three (3) feet, six (6) in~he3 2.part is attached to another vehicle with two (2) axles, and the distance between the front axle of the trailer and the rear axle of the ot~ler vehicle is not less than fourteen (14) feet, the maximum gross weight permitted is sixty-one thoU3and (61,000) pounds tut neither axle of the trailer shaH support a weight of more than sixteen thousand (16,000) pounds 0 (7) For a traIler having two (2) axles not less than twelve (12) feet apart and where the front axle of the trailer is not less than eight (8) feet from the rear axle of the other vehicle, the gross weight upon either axle or such trailer shall not exceed eighteen thousand (13,000) pounds, and the gross weight of the trailer shall not exceed thirty-six thousand (36,000) pounds 0 (8) For a trailer having three (3) axles with a distance of not less than three (3) feet, six (6) inches tetween the two (2) rear axles and a distance of not less than t'"venty-two (22) feet between the front axle and the foremost re2r 8.:::1e, the maximum gross weight permitted is fifty thousand (50,000) but neither rear axle of the trailer shall support weight of more than sixteen t~10U8and (16,000) poundso (9) When a double axle semi-trailer with axles not less than three (3) feet, six (6) inches apart is attached to another vehicle with three (3) axles with the rear axles not less than three (3) feet, six (6) inches apart, and if the distance betv/e8n the front axle of the trailer and the rear axle of the other vehicle is not less than fourteen (14) feet, the maximum gross weight permi tted shall Got exceed seventy-five thousand (75,000) pounds, - 35 - but no one of the double axles shall support a weight of more than sixteen thousand (16,000) pmmdso (10) No tractor \'leiglling more than sixteen (16) tons shall cross any highway bridge within th;3 cii:yo 113(b) Accorciing to the provisions of ti.1is ordinance and attached hereto as specified, the vehicle lOB-dir:G chart Ie hereby aciopted by ref'erence and made a portion hereoL 113(c) The above and foregoing weight limitations notwithstanding, no vehicle shall be operated on, along, or over the streets of the City of Seward with a weight per square inch greater than that permitted by the Alaska State Department of Highways under existing gei1eral or specified road restrictions due to seasonal weather or climatic conditions, Section 11.1l4 Permits for Oversize or Overweight Vehicles: 114(a) The City Manager may, upon application, as provided in Section lol1S of this article, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size, weight, or load exceeding the maximum size or gross ~'Teight specified in this article on any public street or highway in this city, sutjecr to the follow:;ng terms and conditions: (1) Such vehicles may nor be operated on any arterial streer between seven o'clock a. mo and nine o'clock ao m., and betv,'een three o'clock p. m. and six o'clock po mo , 0;:- in the central business traffic district between six o'clock a. m, and eleven o'clock p. m. No permits shall be issued for vehicle movement on any Saturday, Sunday, or holiday. (2) Such vehicles may be operated only on streets or highways where the pavement is capable of carrying the weight and equipment with- out injury to such pavement, and along such routes as will least interfere with or endanzer other users of the streets. (3) No vehicle sllall be operated which has a weight including load of over six hundred (600) pounds per inch w;dth of tires. (4) Vehicles inckding load, that are over-width ['.hall have displayed across the rear, red flags during the day and red lights during the hours of darkness, at the extreme limits of the wid"h of vehicle or load. Vehicles - 36 .. including load, that are over-length shall have displayed during the hours of darkness red lights along the sides not over eight feet apart. (5) A pilot car shall be provided with all vehicles or loads more than ten (lO) feet in wicitho TIle pilot car must have a sign :reading "Wide Load Following"" The sign shall be on a white background with red letters at least six (6) inches high. It shall be a violation of this chapter for cars to display such a sign vlhen not actually engaged in esco:rting a wide load. (6) Police esco:rt sl1all b3 requjred for all vehicles or loads twelve (12) feet or more in vlidth. 114(b) 3ve:ry such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or other authorized agent of the city, and no person shall violate any of the terms or conditions of such permit. 114(c) Any permit issued by the State of Alaska for an over-weight vehicle will be honored by the city only while such vehicle is operated on a designated state highway and such vehicle is in compliance with all restrictions imposed by the permit and with all size limitations set forth in this code. Section ll.llS Applications For Permits: 115(a) The permits referred to in Section 11.114 may be obtained from the City Manager upon writtea application therefor, setting forth a description of the object to be transported 0'( the vehicle or vehicles to be driven, the route desired to be traversed, the hours ,tithin which it is desired to perform the work, the means of locomotion to be used, and such other information as may be required. The applicant may be required, as a condition to the issuance of the permit, to execute and deliver to this city a good and sufficient surety or cash bond in the sum of one thousand (1,000) dollars conditioned to save the city harmless from all injuries which may be occasioned by reason of the granting of such permit, or the use of any public street or highway thereunder, or of any act or omission; provided, the issuance of such permit shall not be construed as a waiver of the right of the city to recover for any injury to the street or highway or other property of the city resulting from transportation pursuant thereto. - 37 - 115(b) The applicant will be charged for all costs incurred by the moving of p ower lines, telephone lines, traffic signals, and other obstructions within the right-of-way. A cash deposit may be required to assure payment for these services. 115(c) The Chief of Police is hereby authorized to modify the terms and con- ditions set forth in the foregoing section, and to specify in such permits the routes to be traversed, the hours of operation, and such other limitations which in his opinion are required for the public convenience and safety. Section 11.116 Fees For Permits: No fee for permits as provided in this article shall be required, except in those cases where escort vehicles must be provided by this city or additional in- spections are required, and then in that event, the city manager is authorized to set a fee which, in his discretion, shall be sufficient to reimburse this city for its expenses. Section 11.117 Load Restrictions on Certain Streets and Thorofares: The public works department supervisor with the advice of the city manager, is hereby authorized to determine and designate those streets or highways upon which vehicles of a gross weight permitted in Section 1. 113 would create a hazard or cause undue damage to the roadway and shall erect appropriate signs stating the reduced gross weight permitted on such designated streets. When ;signs are so erected giving notice thereof, no person shall disobey the restrictions stated in such signs. Section 11.118 Projections on Wheels or Tracks Prohibited: No person shall drive or propel any vehicle or object upon any street or high- way in this city which shall have any wheel tire or track made or equipped with spikes, cleats, lugs or other attachments or projections, except tire chains. No person shall drive or propel any vehicle or object upon any paved street or alley which shall have any steel wheel or track, without first providing adequate protection to the pavement and obtaining the approval of the city manager. Section 11.119 Dragging Objects Prohibited: No person shall drag or haul any timber, pipe, or any other material or object along or over any street or highway in this city in such manner that a portion of , such object shall rest upon or come in contact with the surface of such street or highway" - 38- Section 11.12.0 Spil1iW~ Loade Prohibited: No vehicle shaH be d~:i18i1 or moved on any street or highway unless such vehicle is so constructed a-i ],G~cct=d as to prevent any or its contents or load other than clear water from dI'oPf".q:;, ::.d.:.:ting, leaking 01" otherwise escaping therefromo Section 110 121 u' , ~ , P ""1 1. YO} (":~t~~:lg LfQaQ~ on as~'Snger veLl1CJ.es: No passengei' type 'i"';lkt::c; 8h2j~ be operated on any street or highway with any load carried thereon ezt2;ld:;ng beyo,1d the line or the hul:. caps on its left side or more than six (6) 1n::1123 bE-joad t~le Hne of the hub caps on its right side. Section 11. 122 ~, . e ~ l' ""th' t C C' L' 't LCal:3pO::;.~.t;.~1l 01 .c.XP"OSlVeS vvl 111 tile ,orporate 'lty lml S: No person, f:rm, ::.::ompany 0:::- corporation shall move explosives through the City of Seward unle83 E, pG:cmit has been securecL In case explosives are moved through the city, the pe,:so:1, fiiTll, cumpany or corporation moving same shall have a vehicle on VoJilich ()}q::;lo3ives are being transported, clearly marked ;'EXPLOSIV:3S" ::md he shaH notify the Chief of Police and the Fire Chief when such explosives are to be t!:ansportecto Toe Chj.ef 01' Police and the Fire Chief shall assist in moving of any exp:03ives by clearing a route which shall have been designated by the Ch iJo';;C of POjjC8- Ti18 mover or any explosives through the city shall make 2xre.n::;em.snts fo~: ouch transpo.ctation not less than forty-eight (48) hours in advance, AR TICLE xg-=-y~~-gCI:.~?;S j\.ND39~UlPIvlENT: Section 120123 Licenoe ?l8.te Lttached to Vehicle: No vehicle shaF be o:_'!'ren or parked upon the streets or highways of this city unless its license pl:"t<,,'1 for the current year are attached to the vehicle in the manner provided by Gtnte law, a,1d, in addition thereto, the said license plates are clean and legible. Section 12. 124 Time~ When, Lamps and Lighting Devices To Be Lighted: 124(a) 3ver~r vch'.ck upon p street or highway at any time from a half hour after sunset ta a half hour herore sunrise and at any other time when there is not sufficient light to render clearly discernible any person or vehicle on the street or highway at a cHstm;c:,? eJf two hundred (2)0) feet shall be equipped with lighted lamps and lighting devices 28 respectively ;-rovided in this chapter for different - 3) .. cl "'sses of vehicles subject to the exceptioilS set forth in this article. 124(t) Wheneve:c' :;.'cquirement is hereinafte:r declared as to the distance from which certain lamps and dE:'n'.ces shall render a person or vehicle visible or within which such 1am.ps or deT;,ces ~h2.n be vJsible, said provisions shall apply during the times stated in Subdi.vls!.OD (a) of this sectiQl1 directly ahead upon a straight level unlighted street or hi.ghway under normal atmospheric conditions unless a different time, direction, or C011'::Eti,on is <:.::pno:;::::ly stated, Section 120125 Head LE:1!l9s on}vloLor -vehicles: :~very motoi' vel1:~d.:: Oi:h",y than a mot0:lcycle, at the times specified in Section L 124 hereof, shall te equipped whh two or four lighted head lamps mounted on opposite sides of the f:cont of said vehicle, and they must be located directly above or in advance of the 1:eont axle 0:;' said vehicle, Vehicles having four head lamps will have no more than two on either side of the vehicle mounted laterally. Said head lamps shall be Ioeated at a height measured from the center of the head lamps of not more than fi.fty-fou:: (Sin jnches, nor less than twenty-eight (28) inches above the level surface upoa which said vellicle stands. Section 120126 Head I ,a~p3 on Motorcycles: Every motorcycle at the times specified in Section L 124 hereof, shall be equipped with at lea:':'t one and not more than two lighted head lamps which shall conform to the reql1tremCilcs and limitations of this article, Section 120127 Be'll" Lamns: 127 (a) Bvery motor vehicle and every vehicle which is being drawn at the end of a combination 0:1' vehicles at the time specified in Section 12.124 hereof shall be equipped with one or more lighted rear lamps exhibiting red light plainly visible from a distance of five hundred (500) feet to the rear, 127(b) 3ithe:r SUell a rear lamp or a separate lamp shall be so constructed and placed as to :i.llum5.nate with a white light the rear license plate and render it clearly legible from a di:Jn".c~ ':)f flfty (50) to the rear. When the rear license plate is illuminated by a J.::-cE1[J other than a required rear lamp, said two lamps shall be turned 0:1 and 0:::1 o:11y by the same control switch at all times and the light source of the addtt:loaallam1) sh8.l] have Fe minimum of three (3) standard candle , power and a maxjmum of fjj>:;en (15) standard candle power. ;;,c - l27(c) :3very red rear lamp upon a vehicle shall be equipped with a red glass lense not less than two and seven-eights in diameter or six and one-half square inches in area and the light source shall not be less than three nor more than fifteen standard candle power and the voltage of any socket of light source shall not be less than eighty-five per cent of the design voltage of the battery supplying the current to such light sour ceo Section 12.128 Lamp or Flag on Projecting Load: 128(a) \,iVhenever the load upon any vehicle extends to the rear four (4) feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme end of the load at the times specified in Section 12.124 hereof, in addition to the required rear light, two (2) red lights plainly visible under normal atmos- pheric conditions from a distance of at least five hundred (500) feet to the sides and rear. At any other time there shaH be displayed at the extreme end of such load a red flag or cloth not less than sixteen (16) inches square. 128(b) No lamp on any load as required by this Section shall project a light of more than four (4) apparent candle power 0 Section 12.129 Fog Lamps: 129(a) Any motor vehicle may be eouipped with not to exceed two (2) fog lamps mounted upon the front below the level of the centers of the head lamps. Said fog lamps shall be located at a height measured from the centers of such lamps of not less than sixteen (16) inches above the level surface upon which the vehicle stands. 129(b) Fog lamps shall not be used in substitution of head lamps, except under conditions of rain or fog rendering disadvantageous the use of head lamps. 129(c) Whenever fog lamps are used in substitution of head lamps as permitted herein, then two (2) such fog lamps mounted on opposite sides of the front of the vehicle must be lighted. 129(d) Every fog lamp used upon a motor vehicle shall be so adjusted and aimed that no part of this high intensity portion of the beam shall, at a distance of twenty-five (?5) feet, rise above the horizontal plane passing through the center of the lamp. Section 12.130 Spotlights: No person shall use a spot light on a vehicle while the vehicle is in motion. - 41 - Section 1/.131 Stop Signal Lamp: 3very motor vehicle shall be equipped with a stop lamp on the rear which shall emit a red or amber light and which shall be actuated upon application of the service (foot) brake and which rilay, but need not be, incorporated with a tail lamp. Such stop signal shall be plainly visible from a distance of one hundred (100) feet to the rear, both during normal sunlight and during the hours of darkness. Section J20 132 R egula!lons Governing The Color of Lights: 132(a) The following regulaUons shall apply to the color of lights upon a vehicle operated upon any of the streets or highways in this city: (1) Al11igllts visible from the front of a vehicle, other than a clear- ance, or identification or signal lamp or signal device, shall be white or amber, except that an authorized emergency vehicle may display a red light. (2) All lights visible from the rear of a vehicle, other than the light illuminating the rear license plate, and the light from a clearance or backup lamp or signal lamp or signal device thereon, shall be red. (3) Public utility repair vehicles necessarily parked other than adjacent to the curb in a roadway for purposes of repairing public utility services, may be equipped with red lights displayed to the front, sides and rear, but these lights shall not be lighted when the vehicle is in motion. Section 12.133 Multiple Beam Lighti.ng Equipment: l33(a) :3xcept as hereinafter provided, the head lamps on motor vehicles at the times mentioned shall be so arranged that the driver may select at will between distributions of light projected to different elevations, subject to me following requirements and limitations: (1) There shall be an uppermost distribution of light, or composite bearn, so aimed and of cuch intensity as to reveal persons and vehicles at a distance of at least three hundred and fifty (350) feet ahead for all conditions of loading under normal atmospheric conditions. The maxi- mum intensity of this uppermost distribution of light or compos it beam within one degree of arc or more above the horizontal level of the lamps -. 42. ' when the vehicle is not loaded shall not exceed eight thousand (8,000) apparent candle power, and at no other point of the distribution of light or composite beam shall there be an intensity of more than seventy-five (75,800) thousand apparent candlepower, (2) There shall be a lmvermost distribution of light or composite beam so aimed that: (2a) When the vehicle is not loaded, none of the high inten- sity portion of the light which is directed to the left of the pro- longation of the extreem left side of the vehicle shall, at a distance of twenty-five (25) ahead, project higher than a level of eight (8) inches below the center of the lamp from which it comes. (2b) When the vehicle is not loaded, none of the high intensity portion of the light which is directed to the right of the prolongation of the extreme left side of the vehicle shall, at a distance of twenty-five (25) feet ahead, project higher than a level of three (3) inches below the level of the center of the lamp from which it Caines. (2c) In no event shall any of the high intensity of such lowermost distribution of light or composite beam project higher than a level of forty-two (42) inches above the level on which the vehicle stands at a distance of seventy-five (75) feet ahead. 132(b) Where one intermediate beam is provided, the beam on the left side of the road shall be in conformity with subsection a(2) of this section except when arranged in accordance with the practice specified in subsection (di) of this section. 132(c) All road beams shall be so aimed and of sufficient intensity to reveal a person or vehicle at a distance of at least one hundred (100) feet ahead under normal atmospheric conditions. 132(d) 3very motor vehicle which has multiple beam road lighting equipment shall be equipped with a beam indicator which shall be lighted whenever the upper- plost distribution of the light from the head lamps is in use, and shall not otherwise '." .'~',.. - -.3 ,0 be lighted. Said indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle so equipped. Section 12.134 Use of Multiple Beam Lighting Equipment: 134(a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto, during the times herein specified, the driver shall use a distri- bution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations. 134(b) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver, and in no case shall the high intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than a level of eight (8) inches below the center of the lamp from which it comes at a distance of twenty-five (25) feet ahead, and in no case higher than a level of forty- two (42) inches above the level upon which the vehicle stands at a distance of seventy-five (75) feet ahead. Section 12.135 Brakes: 135(a) No person shall operate on any street or highway any motor vehicle or combination of motor vehicles and other vehicles or vehicles of a type subject to registration under the laws of the State of Alaska unless such motor vehicle and each unit of any such combination of vehicles is equipped with brakes adequate to bring such motor vehicle or combination of vehicles to a complete stop when operated upon dry asphalt or concrete pavement surface where the grade does not exceed one per cent at the speed set forth in the following table within the distance set opposite such speeds: Miles per hour 10 15 20 25 30 Stopping distance 9.3 feet 20.8 37.0 58.0 83.3 - 44-- Miles per hour 35 Stopping distance 113.0 feet 148.0 188.0 40 45 135(b) If a vehicle is equipped with more than one system of brakes, each shall be maintained in good working order. 135(c) Any vehicle which does not meet the requirements of this section may be moved only after receiving a special permit issued by the Chief of Police. Section 12.136 Horns or Warning Signals: l36(a)~very motor vehicle when operated upon a street or highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred (200) feet, but no horn shall emit an unreasonable loud or harsh sound. 136(t) The driver of a motor vehicle, when reasonable necessary to insure safe operation, shall give audible warning with his horn. Such horn shall not other- wise be used. 136(c) No vehicle shall be equipped nor shall any person use upon a vehicle any siren except as otherwise permitted in this subsection. Any authorized emergency vehicle may be equipped with a siren of the type approved by the police department, but such siren shall not be used except when such vehicle is operated in response to an emergency call or when responding to a fire alarm or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound said siren when necessary to warn pedestrians or other drivers of the approach thereof. Section 12.137 Mufflers: Any motor vehicle shall at all times be equipped with a muffler in constant operation to prevent any excessive or unusual noise and no such muller or exhaust system shall be equipped with a cut-out, by-pass, or similar device. No person shall modify the exhaust system of a motor vehicle in a manner whichw ill amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally designed and installed by the manufacturer or the vehicle. A muffler is a device consisting of a series of chambers of baffle plates, or other - 4S - mechanical design, for the purpose of receiving exhaust gas from an internal com- bustion engine, and effective in reducing noise. All exhaust pipes shall be parallel to the ground and vehicle, or vertical, and if vertical, the exhaust from such pipes shall not be directed to the side of the vehicle. Section 12.138 Gases and Fumes: The cab of any motor vehicle shall be reasonably tight against the penetration of gases and fumes from the engine or exhaust system. The exhaust system, in- cluding the manifold, muffler, and exhaust pipes shall be so constructed as to be capable of being maintained and shall be maintained in a reasonably gas tight condition. Section 12.139 Mirrors: Any motor vehicle which is so constructed or loaded, or when towing any vehicle which is so constructed or loaded, as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred (200) feet to the rear of such vehicle under normal atmospheric conditions. Section 12.140 Windshields: Every passenger type vehicle, other than amotorcycle, and every motor truck or truck-tractor, and every fire truck, fire engine or other fire apparatus, shall be eouipped with an adequate windshield. Section 12.141 Safety Glass Required: 141(a) No motor vehicle, except motorcycles, shall be operated unless such motor vehicle is equipped with safety glass of a type approved ty the vehicle's manufacturer where ever such glass or glazing materials is normally used in partitions, doors, windows, windshields, or wind deflectors. 141(b) The term safety glass as used in this article shall be construed as meaning glass, or glazing material, so manufactured, fabricated, or treated or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from external sources or by glass or glazing material when the same is cracked or broken. 141(c) It shall be violation of this article for any person to replace any glass or glazing materials used in partitions, doors, windows, windshields, or ;wind - 46 - ch::~ectGT8 ::1 8.1:; motc:c- v!C;:1:lclc wi.th any m'"-te~iE'J other than safety glass or a t'jp8 approved by tllC ':e:l:'.c~e'G milnu:~c,ctu~:e:c'. Se::tio:l 12.142 C' ',~ r'~.""c,-' rl;'.d,'~"i"'ld ur;pO"''''' ue;.l-.~?C.L. "j.'--~~~_~~:~,."!..~2~~.:. Every motar vehicle, e::cept motc~'cyclcs, OIJ8:-8.tj,ug o:~ a s:Xe:t <rr h;?;'~wa:r ""1,,11 b"" cqu"p-"'d '-J"':1 '" ",,,,~.r---on,,,,;...,"ll'" \"1'I1r'''''';ela' '''l'Dr.~. l'..,,..ta11ed t'l~ "r~r;'l ,"....1ch 01................. .~ ~J..JI... T .r;,~.;.. 1... '..h....._... t"'.....~.....t.l;...!>....~0 v ...,...L...'l...... _ V'I J,.Je'_ 1..1:). .."'" '1.;'......... ...'i....lI. shall be maintained in good o~)e:rs.tir::g cori.'lit:O:-l. Any windsh~.eld wiper as required he-e'n to l..e 1..1......allr'o. (1'1 " \.~'..;c'e '""..~jl' n--,Y"'r'-=- Cl~"",o' \'Jr<'O'" a'''-'';'~O' "C7 sno'" .L... L..< t i..) L 'j u~ C.. ""...1.'" i ....,J... _.._ .1:"'.'. '...I. ~ :..lC ....\...;...!..... ....w.. J.J. ~hJ.. .....1(.)... 0' 'IV , or rain. Th:s sectie:.! ci7.dl noi: 8.ppJey to m,1:)','] l'BInO-ral equ~pment equiPfJed with adequete manually c~ec'ated ';'J;'nd3h;~eld wip;::rso Every l1E.W motor vehicle first registe>.:ed after Dc::smbe.;: 31, 19"~9, c::C(;;,pt motorcycles, shall be equlppoo with two such winds~lieJ_d \vipf,;:" 3 , cne mounted 0:1 tl"2~ rigi1t hnlf ar-d one (Xi 11:e left half of the windshield, '."lil'.ch vi:l)B::S shall be capable of operation C.t all times and under all conditionso Section 12.143 Defect'ye Windshie~,1s and Rear Windo'!J5 Prohibited: - ' It shall be unlawiul to opera!e ;;,ny mo'~or vehicle t1pOl1 n street or h:,ghway WiG1~:1 t!1~s city when the windshield o~: rear windmv is in s1:cl1 a defective condition EO to imp2,:.r the drive::' s vision c.1the~' to r..:e 1:(Ont or rear 0 Sec::io:J 12,144 St~8:;:h:g .Assembly, 'Ni~rc=..1 Al:1P.:i1me::t ;;nd Body ConditIon: ._._ ._._..e-__...-.-"..-.--.._..-.."'="_... Ar.y vehIcle opG~:ated on ti"!3 Gtreeto or highways which 1:"'5 any undue loose- 1'''''''0 c'~ fro"'t y}'e""s or ""'-"I"';-;nr; a"'<'''"'mb'y ""c'ich m:1Y cor~oibu"n to ""''T un~",$e con- ._._ ... ...... l/..... -..'_ U'-___f.. ','j; -C)O", .i.. ~"........ . 1..J.............. ~ ........-01 "\.... -..... d:::lon c:: a.ny o~her visib~.,~ d8:':cct17e mecl,aElcd conditio::! that would cause a c.~fiicult or t!:1ce::-tc::in stes:::r<~, 0:: 2UY vehicle having any visible unreasonable amOl!:::t c;' mic2.YE'-1mcr~t to ::;le iro:'-lt C~: reST wheels, or any veh~cle having any U"'~'P'Y''''!''''~V ""ol'P m,-,4.j"c -1,-'04l:')r'~",,,1"('''''~ '\"''';Cl1 m"" e",r1"nr:r"'r p"de"M-;"ns or ..-.~---'--"'J ........... 1.-' ....;......_.J.;. ...... t. -, ",.,".f...",.. ..,......,,;:) tl..::.. "'..1 .l.:iU_~:;'" ~,;; 01...&._t;1. , c-ny veh:de h:l':in,; ['on'] fenders 0::- ot:16r equlpment rem0700 wh~,ch '.vou!d enc~nger t::e operate:: Q' O~;:lC~::; G~J.:ln CO':1stiw:?:e a vlol[',tiol.1 of th:o Gc':tiono Sec!iC:l 12.145 -.----.,-... Shut-O:'Z VC'J':es on Veh'.c',(~S Carry-in?; Dangerous Substances: ~4''''___W_~____'_ _.___~___-_.~_____~______ No n""-ROIi ",l,,..n ",-""""''''u-t "':1 c'-T',~".;, r "'''b''''''^''~o ..-f""mm"b'e ";q"",-l h"'''ing .t-""--~ I.'.. ~ '-,~C~"'~J;."'.J.. ...~_ ~;"-,-"_\.-':_"#\ \,......_ .J..."-_, ....11~}.c:..;.. .I. 1... ~"..... '.'...,.. r::..v a flasIl p05.:'lt of nf.:1sty dai:~~~"C33 Fah:~"0~:i2ct ,,- 'Do~,.'-" Hq""""""d peo''''-o1''''1'1TI 0':::~ 0'" _ _.;J.V.., _.:I. ~,..,...,~~t,.... .I~"" ..\"""\,..1. W-"O, ~ P'-"<>O"'Oll'" CI'''''' l'n ""~-ll' .*-,..1r, <w...I.,;....L 'j (;)1....1J .I. c.o.. LO_1. ... ...:.. ....L'......"\.' +-....!"l..'!-.;e~"" ar ,~~ ",.:; .,...."~ w"I - ",.,'! Y ~,.. q .;-,~ 1""l_..-1 T ~f 2 c,'-.".',-;,".' ,;:" '~-'-Cc.He... \.,l,lC.ll,,, e U"'))_-" w. ,1 ,n - e~-:terE:11 S:lut-oi'r "7c~lv.-(~ un~_e3S th ".' . 1" h -- 1 ~ '7C.,I'C e" . ,., "0 "q'Ll,np"(" \'J'""') a ~ 1'1"-0';' 'fa v,.. ~. . .._~,... ~ J '_...J V' .....p ,.'_ ~.'...... .....~ ~..._........ ..... i"''''1d''' E-'''C', t"'nk .-,.', '. . ~ '" .-_..~ " d r': 'l~ ~ d .l.. " ,. 1 ..u.. ,_ ,'" ". <, ""Leu .0:, .,0 O'-'lIst_ucce ~n_, l,d'.-c tuat any L;':lm2:;~, (,!SP 2.cement, _ -:'.,' or removal of the extcrn<.;>.1 shut-off valve, whether by accident or ot.~erwise, will not of itself release or cause the escape of any part of the conte~1ts of the tank truck, trailer OT semi -tr.J.iler? Section 12.146 Members of Police D.epartment May Inspect Ve:liclc3 or Equipment: l46{a) Any mcmb~T 01 G-;e city police dcpartrflent l:c..ving reasonable ca use to believe that any ve:lide OT combinatiol1 of ve~licle3 is not equipped as required by this chapter or is in such unsafe condition as to endanger the driver or other occupant or ['my pe:roon UpO:l the highway, may require G1e d:river thereof to stop and submit such vehicle or combination of ve:"icl~:3 to an insDection of t~le mechanical . condition or equipment therEof, and ouch test with reference L'1ereto as may be appropriate. l46(b) In the e""ent tien such vehicle or combination of vehicles Is found to be in an unsafe mecha:n:lC2.1 condition or is not equipped as required by this chapter the office-.c making the inspection may give such driver a notice ofc arrest and further require said drive:' or the o'mle:r of the vehicle to p-roduce in COllrt sa;:is- factory eTidence that such vehide err ito equipment has been made to conform with the requiremer.ts of t11:1S chap,e:-. Every of2!cer giving such dtrectioIlZ or a notice or arrest 2-.3 r.-bove pro'l:'-ded, shall m~n a copy m: cth~l'wise gh'e r:otice thereof to the owner 2,nd 2.,,"/ legal owner o~ such 'lehLclc if o;:her th~!l e:~e d:river. 146'c) "'10 PC7""O'l n"'ln on"..'~tp ""'r H~";cle 07" coml'1"~I'':cn 0" ve'~;('len ar.~er '\ I .1'. .,--..... & ~l':';~~u_ y":-._,- c.~ :;. r;~c.~J v \'";..1ll<. i J>.. ...)..~.4.~..t.... .1 -'...J....._.:> 1. L .... notice of such uns;;~fe co::.dit:o:l c:.' that the vehicle is no;; equipped as required herein, except as mgy be W;;c,s3sary to return sllch vehicle or combination of vehicles to the re3fde:'lce 0::- place of business 01 the owner or driver or to a garage untH said vehicle cmd its equipment b8.s been mede to conIorm '.'lith the reouirements of thi_s chaDter. . l46(d) W;1eneve:rGle driver of a vehicle is directed by a member of this city's police deprrtment to stop and submit the mechanical cond:1tion or the vehicle or its equIpment to 2.'1 insp2ction or test under th3 condItions st'ltcd I':l (;1:3 section, it shall be the duty of such driver to stop and submit to such ir.31~ection or test and a failure or refusal to do so shall be deemed a v1ob.tieD C:( ::l1is chapter. Section 12.147 Provisions App~y To All Vehicles: The prmrisions of t.ds article which rere: to equipment of motoT vehIcles - 48 - operated UpO:1 the streets and h:g~lwaY:J within this city shall apply to all vehicles, wilether publicly 0:;: p:i'ivatc~y o-,vl:ed, when opeT~ted upon the streets OT highways including all aUthorized eriLergency vehicles, except where specific exemption or .. ~ .~,..,. ,....':'. ...., l::}~~IT 'f.~""-'" t prOVls.on ~l::i mc,de -" C'..aL."::' ...,:;;'" e 00 Se~tion 12, l<lS ViO!.3.tlo:13: It shall be ur;lavJ1111 for any p3:i:'SOn to drive or move or for the owner to cause o?:" knowingly permit to be driven or moved on any street or highway within this city any ve:licle or comb:i~1ation 01 vehicles which does not contaIn those parts or is not at all times or at those times specifically stated herein, equipped with such lamps and other equipment ao are required in this article or for any person to do any act forbidden or fail to perform any act required under this article, Any vehicle operated upon ;:he streets or highways in this city in an unsafe condition will be considered in vtolation of this e.rticle, whether or not specific violation is listed herein, AR TICLE XIII - OPERATION OF BICYCLES AND PLAY VEHICLES: Section 13.149 Effect or Reg':!latiol1s: 149(a) It is a misc\emeano:i" for any person to do any act forbidden or fail to perform any act required by t~leGe regulations, 149(b) These regulations, applicable to bicycles, shall apply whenever a bicycle is operated UpC:l any h:,?;llway, public roadway or alleyway. Secdc"'l 12:.150 Traffic Regulatl?l1s A\?plicable to Persons Riding Bicycles: Every person ridl;::c; a. bicycle upon a roadway shall be granted all of the rights and shdl be subject to all of the duties applicable to the driver of a vehicle in these rc:~ulations, ey.ct~t e.s to special rules in this section and except as to those provisiO:l3 0: these regulations which by their nature can have no application. Section 13,151 Riding On Bicycles: 151(u) A person p:.'cp8'.lli1g a bicycle shall not ride, other than upon or astride, a permanent and regular se:1t attached thereto. 151(b) No bicycle shaH be u?ed to carry more persons at one time than the number for which it is d~signed c.nd equipped. - 49 - Section 13.152 Cl'i'.\p"i",c)' ~l"O VC01'1'cle"" _1 (~':'':':~:::.:7-J ......L IJ. No person riding UpO;J any bicycle, coast3:i:", roller skates, sled or toy vehicle shall attach the Eame 01' him821i to any vehicle upon 8. roadway. Section 13.153 Rid'.,'-g G,~?cch'juy: 153(a) "3..very pei'C;O:1 c:pc.'-.::tLlo1g a bicYC3.,:; UpO:1 a r02dway shall ride as near to the right side oi the :coad\i'I8.Y &:3 prac;:!cablc, exercisi.ng due care when passing a standing vc~icJe or 0:,8 p:rocccdlnz in Gie same directiOl'!. 153(b) Persoi1s riclin3 b~Cj'c!.23 UpOD a roadw&y shall not ride more than two abreast e;ecept on paLL2 01 :roo.dways set aside ror the e;cc1usive use of bicycles. 153(c) Wherever Q um:J.ble patl1 for bicycles has been provided adjacent to a roadway, bicycle ride~:G 8::",-11 use such path and shall not use the roadway. 153(d) Persons riding bicycles in the business district shall use the roadway and shall not ride a bicycle on the sidewalk. Section 13.154 Carryjr:3~rticles: No person cperatlP]; a bicycle shall carry any package, bundle or article which prevents the driver from kE';3pinZ at least one hand upon the ImndJ.ebars. Section 13.155 ~a~p3 8.nd Other Eq~ipment on B1cycles: 155(a) 2ve:::y b:'cjc~e, V,'~1ei1 in use at night time, shall be equipped with a lamp on the rre:!!: vlh~{:~l sh211 emit a white light visible from a distance of at least five hundred (500) fee!: to ;~:e frOIre and \7ith a red rdlecto:::- on the rear, of an appr07ed type wh:'.ch ch'-'ll br:; 'ji8~.tle :[:,'om an distances fIfty (50) to three hundred (300) feet to the re2.:r ,;;:.,,;:-, directly in front of lawful upper beams of head lamps on a motor vehIcle. A l2.mp emht:ng a red light 'lisible for a distance of five hundred (500) fee'c to t1: J l'CJ.-c may be used in addition to the red reflector 0 155(b) No pe:;:soa ~'h2.U op8rate c bkycle, unless it is equipped with a bell or other device r;c.lY~bI~; 0::: :31T',ng a signal audible for a distance of at least one hundred (100) feet, e;~cer;: tl'}\t a bicycle shall not be equipped with nor shall any pe:-son use UpOC1 11 blcjde ,:ij s:',':en ae whistle, 155(c) 3very bicycle 8hall be equipped with a brake which will enable the operator to make the br:l:cd whee'.s skici on dry, level, clean pavement. ,Section 130 156 BiCYC~~3 in the Busin'~ss L ~strict: 156(a) A person sh,:,-U not pc:oj:.ell J. bi( .yc1e upon the sidewalks in the business .. EO - 156(e) Use of snowmobiles upon streets, sidewalks, parks and other properties: (1) No person shall drive, operate, stop or move a snowmobile upon: (la) A sidewalk (Ib) Street, highway or alley (Ie) Park (Id) Other city owned property (2) The parent of any chHd and the guardian of any ward shall not authorize or knowlingly permit the child or ward to violate any provision of this section. (3) This section shall not apply to a snowmobile operation in or upon a sidewalk, street or highway, arterial park, or other city-owned property designated by the city manager to permit the operation of a snowmobile upon all or any part of the designated area for snowmobiles. (4) As used in this section: (4a) The term "arterial, street, highway or alley" means any street, highway or alley, from property line to property line, officially classified by the city as a "local arterial" on its official street and highway pIano (4b) The term "permitted snowmobile area" shall mean an area designated by the city manager for the operation of snowmobiles or an area in which snowmobiles may be operattrl upon private or borough, state or federal property without trespass or with the consent of the person owning or in lawful possession of the property. (4c) The term "snowmobile" includes every motor propelled device upon a combination of skis, skids, or tracks, in upon, or by which any person or property is or may be transported, propelled upon a sidewalk, street, highway, alley, park or other city-owned property and expressly includes devices known as "snowmobiles" or "sldmob:Ueg" . - 50a - district while riding upon or ast".cide of a bicycle. 156(b) A person movIng or transporting a bicycle upon the sidewalk of the business district shall be dismounted and shall walle alongside of the ticycle. 156(c) Bxu.'eme caution shaH be used while riding or moving a bicycle in the busine3s district as to not to endanger persons or property 0 156(d) Persons 8topping, standing or parking a bicycle in the business district shall use vacant lots villen practicable vi" shall park on the sidewalk using caution as to not obstruct the sidewalk to pedestrian traffic. AR TICLE XIV - PENAL TIES AND PR OCEDUR E ON ARR EST: Section 14,157 Penalties: 157(a) Unless another penaILj is expressly provided by law, every person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more than Three Hundred ($300) Dollars or by imprisonment for not more than thirty (30) days or by both such fine and imprisonment. 157(b) Upon cor;:JictIon for a violation or upon bail forfeiture for recldess driving as stated in Section 7.78 of this ordinance; negligent driving as stated in Section 7079 of this ordinance; speeding as stated in Article III of this ordinance; driving under influence of intoxicating liquor 01" narcotic drugs as stated in Section 7.77 of th~.s ordinance; faIlure to give immediate notice of accident as stated in Section 1.9 of this o-:d;,nance; failure to remain at the scene of an accident as ~ stated in Section 1.10 of this ordinance; failure to give information or render aid as stated in Section 1, 11 01 this ordinance; or, operating or permi tting the operation of a vehicle in an unsafe condition in violation of Section 12.148 of this ordinance; the municipal magistrate in addition to the other punishment as pro- vided in this ordinance may forthwith suspend a vehicle operator's license and upon suspension thereof, the municipal magistrate shall notify the state police of such action and send revoked license to them as provided by 15-3-4, ACLA 1949. See 15-3-2, 15-5-3, 15-5-3, Chapter 44 of 1953 Session Laws, Chapter 107 of 1955 Session Laws. Section 14.158 Forms and Records of Traffic Citations and Arrests: 158(a) The city shall provide books to include traffic citation forms for - 51 - notifying alleged violators to appear in answer to charges of violating traffic laws and ordinances in the mag:st;:ate court of this city. Said books shall include serial numbered sets of cite-lions in quadruplicate for violations in the form prescribed and approved jointly by the ffif;gj,strate and the Chief of Police. 158(b) The city 5h2.11 lssl1e such books to the Chief of Police or his duly appointed agent and ul:aH malntain record 0-;' any book so issued and shall require a written receipt for eve,""y such took. 158(c) The Chief 01 Police 01' o'.ilei' oftlcer designated by the City Manager shall be responsible f0:r tl1e iS8ua.nce Of such books to individual members of the police departmem. The GllS: of Police 0:..- such othei' officer designated by the City Manager she.!l requi.re a written receipt for every book so issued and shall maintain a record of 8very sucl1 book. 158(d) The Chief 01 Police shall maintain a record copy of every moving violation of every violf:l..to!" for the current preceding three (3) years. Section 14. 159 Procedu;~e of PolIce Officers: Except when authorized or directed to immediately tak~ 1:1 person before a magis- trate for the violation of any traffic laws, a police officer who cites a person for such violation and dOGS not take such person into custody under arrest, shall take the name, address, and operator's l:i.cense number of said person, the registered number of the motm.' vehicl3 involved, and such other pertinent information as may be necessary, and shall ~,s8pe to him in writing on a form provided by the city, a traffic citation comainIr,g a notic~ to post bail and/or to answer to the charge against him in the mUDici.pz.l conn 01 this city within seven (7) days after such alleged viol::.Hion to be specified in said citation, unless a longer period be granted by the mag'istrate. T.'1e oii'icer, upm receiving the written promise of the alleged violator to anGWCT 8.3 Gpscil~ed in the citation, shall release such person, from custody. Section 14.160 Vof.cled Citations for eei-rain Violators: Police officers are authorized to issue tickets and endorse thereon the word "void" in exceptJ.on~l cases where, in theIr opinion, the best interests of justice .are hereby se:rve(L This privilege shall be scrupulously granted and only for such parking violations 0: vehicle mr chanical defect violations where there is no - 52 ,. deliberate continued or flagrant violation and where there are appearances which indicate that the violation might be unavoidable. Section 14.161 Disposition and Records of Traffic Citations, Warrants, and Complaints: 161(a) 3very pC"l~ce o:Zilcer upon issuing a traGic citation to an alleged viola- tor of any provision G~ any iTaGIc oydinance or this city shall deposit the original and a duplicate copy 01 ti1e non-moving cItation and the original and one duplicate copy of the moving citc,i~oa ',";1th his immediate superior, who shall cause the same originals and duplicate3 to be delivered to the municipal court of this city. 161(b) Upon the rni.n:,; oj' such original citation in the municipal court of this city as abre3aid, G~;.d (::::~a::ion may be disposed or only by trial in said court or by other official action by 8. jud3e or said court, including forfeiture of bail or by payment of a fine to the traffic violations bureau of said court. 16l(c) The Chief of Police shall require the return to him of each traffic citation and all copies tl1e:reof, which has been spoiled or upon which any entry has been made and h2S not beea issued to an alleged violator. 161(d) The Chief or PoUce shall also maintain or cause to be maintained a record of all warrants issued by the municipal C0urt of this city on said traffic violation charges and which are delivered to the police department for service, and of the final disposiiion oj' all such warrants. 161(e) It shall be ui,~.aV1ful 2~nd o:iiici.al misconduct for any member of the police department o~: Ocher oG'icer or public employee to dispose of, alter, or deface a traffic cit2.tiO:1 0:- any copy tilereof, or the records of the issuance or the disposition of any trafD.c c:tatloil, complaint, or warrant, in a manner other than as required in this article. Section 14.162 Illegal Cancellation of Traffic Citations: It shJ.ll be unlawful for any person to cancel or solicit the cancellation of any traffic citation in ~my m",nn2~: other than as provided by this article. Section 14.163 When Copy of Citation Sh'lll Be Deemed a Lawful Complaint: In the eve"t the fo:;:-m ::l': ci.tation provided under Section 140158 includes in- formation and is sworn to as required in respect to a complaint charging commiss- ion of the offense alleged in 32Jd citation to have been committed, then such - 53 - citation when filed in the court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this chapter. Section 14.164 Failure to Obey Citation: It shall be unlawful for any person to violate his written promise to appear given to an officer upon the issuance of a traffic citation regardless of the dispo- sition of the charge for which such citation was originally issued. . Section 14.165 Citation on lllegally Parked Vehicle: V'ihenever "ny motor vehicle vfithJut driver is found p'1r-(ed <)r stopped in viol"lti:m of any of the restricti::ms imposed by ordin"'nce of this city, the officer finding such vehicle shall take its registration and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation, on a form provided by the city, for the driver to answer to the charge against him within seven (7) days during the hours and at a place specified in the citation, Section 14.166 Failure to Comply With Traffic Citation Attached to Parked Vehicle: If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances of this city does not appear in response to a traffic citation affixed to such motor vehicle within a period of seven (7) days, the cler~( of the municipal court shall send to the owner of the motor vehicle to which the traffic citation was affixed, a letter informing him of the violation and warning him that in the event such letter is disregarded for a period of five (5) days a warrant of arrest will be issued. Section 14.167 Registered Owner Responsible for Illegal Parking: Every person in whose name a vehicle is registered (licensed) shall be responsible for any parking or angle parking of said vehicle and for all offenses other than moving violations of this chapter, It shall be no defense to such charge that said vehicle was illegally parked or angle parked or used by another unless it be shown that at such time said vehicle was beling used without the consent of the registered (licensed), owner thereof. The foregoing shall apply only when the procedure as prescribed in Sections 14.165 and 14.166 has been followed. Section 14.168 When Warrant To Be Issued: In the event any person fails to comply with a traffic citation given to such - 54 - . l69(b) No person shall allow, permit or suffer any vehicle registered in his name to stand or park upon or be operated upon any street in this city in violation of this ordinance or any rule or regulation adopted or issued pursuant thereto. l69(c) After a vehicle has been impounded for more than three (3) months in the city vehicle pound, the Chief of Police shall cause to be sent by registered mail a notice to both the legal and registered owner thereof, if different persons, if with the exercise of due diligence said owner's or owners' names can be ascertained. The notice shall accurately describe the vehicle, give the date the vehicle was im- pounded and inform the owner or owners that unless they reclaim the vehicle within ten (10) days from the dispatch thereof, the vehicle shall be sold. Not less than fifteen (15) days after the dispatch of said letter or letters, if said letters can be sent, and in any event even if such letters cannot be sent, the Chief of Police shall cause to be published once in a newspaper of general circulation in the city, a description of the vehicle, the owner's or owners' names, if known, and state the fact that said vehicle and other similar vehicles, similarly described, will be sold at public auction to the highest responsible bidder at a public sale under the direct- ion of the city manager at a specified time and place not less than ten (10) days after the publication of said notice of sale. The Chief of Police shall keep a perman- ent accurate record of all cars impounded, containing date of impounding, descript- tion of vehicle, cause of which impounded, date of redemption if redeemed. and amount paid upon redemption, date of letter to owner or owners, if known, notice of sale, record of sale and price paid at sale and name of purchaser. ARTICLE XV EFFECT OF CHAPT,~F.: Section 15,170 Continuation of P-.cesent Restrictions: All arterial streets or highways and all Stop streets and highways, all park- ing rules and regulations, parking meter zones, bus stops, passenger and truc'c curb loading zones, all traffic-controled devices, and all traffic-control signals designated or in force at the time this chapter becomes effective shall continue in full force and effect until the same have been changed or amended in accordance with the provisions of this chapter 0 - 56 - person or attached to a vehicle or fails to make appearance pursuant to a summons directing an appearance in the municipal court, or if any person fails or refuses to deposit bail as required and within the time permitted by ordinance, the clerk of the municipal court shall secure and issue a warrant for his arrest. Section 14.169 Authority to Impound Vehicles, Redemption or Sale of Impounded Vehicles: 169(a) Whenever any vehicle shall be located or is standing upon any street or alley right-of-way in violation of the provisions of this chapter or any rule or regulation adopted pursuant thereto, or whenever any vehicle shall be found to be mechanically unsafe to operate upon the street or alley, or whenever the driver of any vehicle shall be impaIred or is taken into custody by an officer for an offense involving either driving while under the influence of intoxicating liquor, reckless driving, negligent driving or any felony, such vehicle may be removed from the city streets or alleys and may be impounded at a place to be designated by the city manager" The police shall, in the proper case and whenever any other , provision of the Code of Ordinances is violated, cause a complaint to be filed against the person committing such offense. When the owner or authorized repre- sentative of the owner of said vehicle claims the same, he shall be informed of the nature and circumstances causing the impoundment of such vehicle and to obtain release thereof shall pay all towing and other charges, which charges shall not exceed the following schedule: (1) a minimum towing charge of Ten Dollars ($10.00) will be charged for any vehicle impounded. (2) a storage fee of Two Dollars ($2.00) per day or any fraction thereof shall be charged for any vehicle which remains impounded after the first twenty-four (24) hours. If the operator or owner of the vehicle, upon hearing before the municipal magistrate, is found not guilty of the violation of which he is charged, the impounded vehicle shall be released immediately to the owner without collection of fees or other charges. If the owner or operator of such vehicle is found guilty by the magistrate, any fine imposed under the provisions of the appropriate section of this ordinance shall be in addition to the towing and storage charges herein pre- - scribed. - 55 - . AR TICLE XVI POSTING AND PUBLICATION: Section 16.171: Publication of this ordinance shall be made by posting a copy hereto for a period of ten (10) days on the City Hall Bulletin Board, and by publishing notice of the place of posting and a brief statement of the general purpose of this ordinance in a newspaper of general circulation in the City within a reasonable time. THIS ORDINANCE shall be effective ten (10) days following the date of posting. First reading - b 2 I, 1.96.9 Second reading - ~ /.:.7 /967 --" - -- / / PASSED AND APPROVED by the City Council of The City of Seward, Alaska, this :zy~ day of /~ ' 1969. /f(, w. /::JK;/~~,J(@ .f / R. W. Kirkpatrick Mayor - 57 - 1 Volume 15 REGULAR MEETING AUGUST 24, 1970 Page 1 Item 1 - Call to Order: The Regular Meeting of the Common Council of the City of Seward, Alaska, for August 24, 1970, was called to Order by Mayor Hoogland at 7:30 P.M. Item 2 - The Opening Ceremony was led by Clmr. HUl. I Item 3 - Roll was called and those present were: Mayor Hoogland, Clmrs. Hill, Richardson, Hulm, McCloud and Hardy. Clmr. Skinner was absent. Junior Mayor Kuln was absent. Item 4 - Approval of Minutes: C Imr. Hulm, seconded by Clmr. Richardson, moved to approve the Minutes as presented, from' the bottom two/thirds of Page 88 through the top two ;thirds of Page 89 (Regular Meetingof August 10, 1970). Passed unanimously. Item 5 - Special Presentation: Mayor Hoogland presEnted Mrs. LaPreal Bie with a Certificate of Appreciation for Mrs. Bie's long history of service to the Community as Seward's Public Healty Nurse. I Item 6 - City Manager's Report: The City Manager reported (1) that a special Borough Assembly meeting would be held on August 26, 1970, in Soldotna in regard to the School Budget deficit)': (2) that General Services Adminimstration personnel will be in Seward on September 9,1970, at 2:00 P.M. to delvier the deed to the 7th Avenue property to the City: (3) that the 1969- 70 Management letter from Peat, Marwick, Mitchell and Company has been received (copies were given to the Mayor and Council); (4) that Mr. Cliff Schoon and his attorney, Mr. Clinton Stewart would be at the meeting scheduled for Tuesday evening in the Court Room; (5) that nominating petitions would be available on Thursday for anyone seeking electi City offices; (6) that the terms of Mayor Hoogland, Clmrs Hulm, McCloud, and Hill expire in October; (7) that nominations were in order for the Harbor Commission ( it was decided to allow the new Council to make these appointments) and (8) that no information from Lounsbury on the Harbor wiring had been received. I Item 7 - Commucications: (1) Letter from Economic Development Adminstration dated 8/17/70 acknowledging receipt of EDA application. Signed John H. Davidson, Chief, Public Works Division. (2) Letter from Kenai Packers, dated 8/8/70 reporting that 288,401 pounds of fish had been transported across the Boat Lift Dock. Signed H.A. Daubenspeck. (3) Letter from State Department of 1'ish and Game dated 8/6/70 giving permission to install a wood piling bridge across Clear Creek. Signed Edward T. McHenry, Fish Biologist. (4) Letter from State Department of Fish and Game dated 8/9/70 giving permission to construct a temporary levee along a protion of Resurrection River Road. Signed Edward T. McHenry, FisteryBiologist. (5) Letter from Federal Aviation administration dated 8/20/70 reporting that the FAA cannot justify funds to establish a radio beacon near Seward. Signed H. H. Stanley, Chief, Air Traffic Division. (6) Letter from Development Corporation of North America dated 8/12/70 reporting that representatives of the Corparation will be in Seward during the week of August 24, 1970, signed Clifford Schoon, President. (7) Letter from Northern Television, Inc. dated 8/7/70 thanking the City Manager for efforts expendoor; on relicensing KIBH in Seward. Signed A.G. Hiebert, President. (8) Letter from Hughes, Thorsness, Lowe, Gantz and Clark, City Attorney, dated 8/20/70, approving Resurrection Road Use Permit. Signed Kenneth P. Jacobus. t'lmr. Hulm, seconded by Clmr. McCloud moved to approve the Resurrection River Road Permit. Passed unanimously. 2 Volume 15 Regular Meeting of August 24, 1970 Page 2 Item 8 - Citizens' Discussion and Public Hearings: 1. Discussion on Ordinance No. 375, and Ordinance permitting Mobil Homes within the City Limits. Discussion centered on limiting mobil home use to courts or to one Section of the City. Opinion was clear that allowing mobile home units to be scattered through the town was not wanted. Ordinance No. 375 was deleted from the agenda. Item 9 - Council Discussion: 1. Clmr. Hulm reported that he h as had numerous complaints regarding the poor Img distance telephone service to Seward. 2. Clmr. Hardy reported that his present job makes it impossible to continue on the Borough Assembly. Clmr. Hardy moved, seconM by Clmr Richardson to accept his resignation and to appoint Bernard C. Hulm as his replacement. Passed unanimously. 3. Clmr Richarson reported that boats persistnatly blockedthe Small Boat Harbor Entrance and that action should be taken to prohibity this. 4. Clmr. Hill inquired about the Depot Roef bid and was told it had been awarded to Rainbow Roofing;:ls the lowest biader under negotiation. 5. Clmr. McCloud reported that the debrie near the Small Boat Harbor beach site area should be cleaned up and that at least one light was needed at the elementary school. Item 10 - Resolutions, Ordiances and other Action items: 1. Resolution No. 798 (see attached), a Resolution approving the lease of Tract 1, Seward Waterfront tracts to the Un iversity of Alaska. Clmr. Richardson seconded by Clmr. McCloud, moved to adopt Resolution No. 798. Passed unanimously. 2. Resolution NO 801 (see attached), a Resolution approving the Purchase of lots ll, and 12, Marathon Addition. Clmr. McCloud, seconded by Clmr. Hill moved to adopt Resolution No. 801. Passed unanimously. 3. Ordinance No. 373 (see attached.) an Ordinance repealing and reenacting the General Penalty Provision, Seward Code. Final reading and passage. Clmr. McCloud, sece:>mI by Clmr Richardson moved to read Ordinance No. 373 by title only. Passed uanimously. Ordinance No. 373 was read by title only. Clmr Hardy, seconded by Clmr. McCloud, moved to approve Ordiance No. 373 in final reading. Passed unanimously. Clmr Hulm severed notice that he would re- consider his ,Vote at the next regular meeting. Item II - Report of Borough Assemblymen: Clmr Me Cloud reported that the BorfJugh had not provided funds for the School Budget deficit, that the Borough building should be ready for occupancy in December and that no money was available to install fire hyClrants at the Elementry School. Item 12 - Adjournment: Clmr. Richadson moved to adjourn. Mayor Hoogland adjourned the meeting at 9: 36 P. M. k L<liI~~1- . oanne C. Hoogla Mayor I I I &1 L I{""- Ai L CITY OF SEWARD, ALASKA ORDINANCE NO. 373 AN ORDINANCE REPEALING AND REENACTING THE GENERAL PENALTY PROVISION OF THE SEWARD CODE OF ORDINANCES. WHEREAS, the case of Baker v. Fairbanks, State of Alaska Supreme Court Opinion 618, dated June 5th, 1970, set forth entirely new standards regarding the right to jury trial in Alaska, and WHEREAS, this necessitates a rethinking of penalty for Ordinance violations. NOW, THEREFORE, THE CITY OF SEWARD, ALASKA,ordains: that the General Penalty Provision for the violation of Seward City Ordinances, Section 8 of the General Provisions of the General Code of 1960, is repealed and reenacted to read as fo llews : Every act prohibited by this Code is hereby declared to be unlawful. Unless another penalty is expressly pro- vided by this Code for any particular provision or section, every person convicted of a violation of any provision of this Code, or any rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine of not more than Three Hundred Dollars ($300.00). Except where otherwise provided, each act of violation and every day upon which any such violation shall occur or continue shall constitute a separate offense. The penalty provided by this Section, unless otherwise expressly provided, shall apply to any amendment of any section of this Code, whether or not such penalty is re-enacted in the amendatory ordinance. First reading: JUl27 1970 Second reading: AUG 1 0 1970 PASSED AND APPROVED BY THE COMMON COUNCIL OF THE CITY OF SEWARD, ALASKA, TarS r;' l d~ of ,,- -----.:, 1970. ~M~ I:t yor 0IJ~--~L~..-J / A&TEST: ii~K~ 4tty Clerk 'J ;..'t"C I I I .") o Volume 15 Special Meeting August 28, 1970 Page 3 Item - 1 Call to Order The Special Meeting of the Common Council of the City of Seward, Alaska, for August 28, 1970, was called to order by Mayor Hoogland at 4:03 P. M. Item 2 - The Opening Ceremony was led by Clmr. Skinner. Item 3 - Roll was called and those persent were Mayor Hoogland, Clmr's Skinner, Hulm, Hardy, Richardson, Hill and Junior Mayor Kulin. Clmr. McCloud arrived late. Item 4 - Approval of Jesse Lee Home properties contract documents. The City Manager read Resolution No. 803, the Contract and the Warrenty Deed (see attached). Clmr. Hardy moved, seconded by Clmr. McCloud to adopt Resolution No. 803. Passed unanimously. Item 5 - The City Manager, at the recommendation of the City Attorney, requested Council Authorization to offer contract wage increases to members of the I. B. E. W. employed by the City in the amount of 30 ~ per hour for the first year and 40 rt per hour for the second year based on a two-year contract and to accept the subletting clause as suggested by the Union. Clmr. Richardson, seconded by Clmr. McCloud, moved to authorize the City Manager to offer the contract package as outlined. Passed._ unanimously. Item 6 - Adjournment: Clmr. Skinner moved to adjourn. Mayor Hoogland adjourned the meeting at 5:42 P.M. '-?~ (!~)~ L--J Hoogland Regular Meeting of September 14, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward Alaska, for September 14, 1970, was called to order by Mayor Hoogland at 7:30 P. M. Item 2 - The Opening Ceremony was led by Clmr. Hardy. Item 3 - Roll was called and those present were Mayor Hoogland, Clmrs. Hardy, Hulm, Skinner, Richardson, McCloud and Junior Mayor Kulin. Item 5 - City Manager's Report: The City Manager reported that (1) that the City's sirens will be sounded during the evening of September 21, 1970 to check their effectiveness and (2) that :nominating petitions have been received from Don McCloud, Emmitt Hill, Bernard C. Hulm, Wm. C. Vincent for the October 6th Election for Council. The City Manager reported that contract negotations with the International Brotherhood of Electrical Workers had come to a standstill over the proposed wages the Union had requested. Mr. Russ Anderson representing the Union illustrated the point that local electrical workers were not at "parity" with the workers in other areas with regard to the basic wage although fringe benefits were equal. 4 Regular Meeting of September 14, 1970 Page 4 Volume 15 Item 5 - (3) The City Manager pointed out that the City of Seward was not the City of Anchorage and therefore could not effectively offer the same basic wage program in effect there to all of Seward's Municipal employees. On behalf of Council and without endorsement the City Manager read an offer calling for increases of 50 ~, 65 ~, and 85 ~ per hour for each of the next three years. Clmr Richardson, seconded by Clmr Hulm, moved to continue the discussion in open meeting. Passed unanimously. Discussion continued the City Manager offered a compromise of 50 ~ per hour for a one year contract period. The Union representative retired from the room to discuss the matter with his members. The group returned and accepted the offer advanced by Council. Clmr. Richardson, seconded by Clmr. McCloud, moved to offer 50 rt per hour for the first year, 65 ~ per hour for the second year and 85 ~ per hour for the third year in wage increases to City I. B. E. W. employees. Motion passed with Clmr. Skinner dissenting. Item 6 - Communications: (1) Letter dated 8/28/70 from C. Rupe Kulin Agency advising that the City's policy would cover work on the Ressurrection River Road project. Signed Dianne Muller for Rupert C. Kulin. (2) Letter dated 9/9/70 from State Division of Aviation suggesting a meeting be arranged to discuss the Seward airport. Signed Harry A. Wakefield,Jr. Director. (3) Letter dated 8/28/70 from City attorney reporting that the new Jesse Lee Home properties Development Contract met his approval. Signed Richard O. Gantz. (4) Letter dated 8/21/70 from State Department of Administration transmitting a check for $35,800.00 in Revenue Sharing funds. Signed T.K. Downes, Commissioner. (5) Letter dated 8/31/70 from City Attorney reporting approval of purchase of Lots II and 12, Marathon Addition to the City of Seward. Signed Kenneth P. Jacobus. (6) Letter dated 9/4/70 from City Attorney reporting that it may cost up to $1,000.00 per vessel to remove the Mermaid II . the Regent, and the Star of Monterey from the Small Boat Harbor. Signed Richard O. Gantz. (7) Letter from Governor Keith Miller dated 8/24/70 asking for participat- ion on State Conference of Aging. Signed Keith H. Miller. (8) Letter dated 8/24/70 from the Alaska Railroad giving outline history of Old Railroad Depot. Signed John E. Manley. Clmr. Hulm, seconded by Clmr. Richardson, moved to dedicate the Depot as a local historic monument. Passed unanimously. Item 7 -Citizen's Duscussion and Public Hearings: 1. Mrs. Pat Williams suggested that a meeting be held between members of Council and Senator Bob Palmer in the near future. Item 8 - Coucnil Discussion: Clmr. Skinner reported that the airport lights were on, that Senators Stevens and Gravel had supported the City's need for breakwater expansion in Seward, that extra camper space should be provided in the Forest Acres camp ground. 2. Clmr. Hulm reported that he was dissatified with Lounsbury for the time it was taking to get the Harbor Electrical program started, that lights were needed at the new elementary school before winter, and thlilit Anchorage had received funds for Dock Expansion. 3. Clmr. Hardy agreed that lights at the school were needed and that our school problem is more drastic than others. 4. Clmr. Richardson reported that oil slicks were visible in the Harbor on calm days. 5. Clmr. McCloud reported he was against the use of helicopters in hunting sheep as proposed by the Fish and Game Department and was interested in the progress of the Harbor Washroom project. Mr. Glud speaking for the Boosters Oub reported that the concrete slab for the building would be poured Wednesday of this week. Item 9 - Resolutions, Ordinances and Other Action Items: 1. Reconsid- eration of Ordinance No. 373 was deleted after brief discussion. 5 Volume 15 Page 5 Regular Meeting of September 14, 1970 Regular Meeting of September 28, 1970 I Item 9 - 2. Clmr Hardy seconded, by Clmr McCloud, moved to n.pprov~ the transfer of the liquor license of Pioneer Bar from Sam Romack to Charles E. and A. Evelyn Estel. Passed unanimously. 3. Resolution NO. 802, (see attached), a Resolution appointing Judge Inspectors, Judges and Clerks of Election for the October 6, 1970 General Municipal Election. Clmr. McCloud, seconded by Clmr. Richardson, moved to approve Resolution No. 802. Passed unanimously. 4. Clmr. McCloud, seconded by Clmr. Richardson, moved to accept the bid of Yukon, Inc. d. b. a. Boat Chandlery for Lot 13, proposed Seward Municipal Small Boat Harbor Industrical Sub- division, subject to requirements as outlined in the Bid form. Passed unanimously. 5. Clmr. Richardson, seconded by Clmr. McCloud moved to approve the lease-purchase of a front-end loader for the Public Words Department for $1, 070. 00 per month for 36 months. Passed unanimously. Item 10 - Report of Borough Assemblyman: Clmrs. Hulm and McCloud reported that the School Budget deficit had been funded by a vote of 10-5, that Borough Election Judges were approved, that an air polution Commission had been established and that the next meeting will be held on September 15, 1970. Item II - Adjournment: Clmr. Skinner moved to adjourn. Mayor Hoogland adjourned the meeting at ll: 04 P. M. I ~ e, -xY~{~ Joanne C. Hoogland Mayor Regular Meeting of September 28, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for September 28, 1970 was called to order by Mayor Hoogland at 7: 30 P. M. Item 2 - The Opening Ceremony was led by Clmr. Hill. Item 3 - Roll was called and those present were Mayor Hoogland, Clmrs Hill, Skinner, Hardy, McCloud, Richardson and Jr. Mayor Kulin. and Clmr. Hulm. Item 4- Approval of Minutes: The Following addition to Item 9 - 1 Page 4 was made: "While Councilman Hulm voted affrimative pre- viously on Ordinance No. 373, he cautioned about the wisdom of the Alaska Supreme Court's adventure in legislative power that our Constitution expressly limits to the legislative branch of our govern- ment." Clmr. McCloud, seconded by Clmr Richardson, moved to approve the Minutes as corrected from the bottom one third of Page , through the top one a of age egu ar Meeting of September 4, 7 . Passed unanimous y. I Item 5 - City Manager's Report: The City Manager thanked the Council for their cooperation and dedication to City Business over the past year and it was decided that the Canvass of the Municipal Election would be held at 4:30 P.M. on Wednesday, October 7,1970. 6 Volume 15 Page 6 Regular Meeting September 28, 1970 Item 6 - Communications: 1. Letter dated 9/22/70 from the University of Alaska transmitting the signed lease fOJ:' Tract 1, Seward Waterfront Tracts. Signed Donald H. Rosenberg, Executive Officer, Institute of Marine Science. 2. Letter dated 9/23/70 from the United States Forest Service reporting that the City's line clearing project was hand- led in a manner satisfactory to the Forest Service, signed John Galea, District Ranger. 3. Letter dated 9/16/70 from the University of Alaska requesting permission to sub-lease a portion of Tract 1, to the Alaska Skill Center, signed Donald H. Rosenberg, Executive Director, Institute of Marine Scinece. Clmr Hulm, seconded by Clmr. McCloud, moved to approve the sub-lease as requested. Passed unanimously. 4. Letter dated 9/16/70 from the First National Bank of Anchorage requesting an assignment of lea!e approval between the First National Bank and Keith Knighten for Lot 1, Block 1, Marina Subdivision. Signed Richard C. Enberg, Manager. Clmr. Richardson, seconded by Clmr McCloud, moved to approve the assignment as requested. Passed unanimously. S/,. Letter from Mitchell Skinner, President of the Wm. H. Seward student body stating concern over the lack of adequate lights at the Seward Elementary School. Signed Mitchell Skinner. Discussion followed. Clmr. Skinner, seconded by Clmr. Richarson, moved to authorize the installation of two poles and four yard lights and the payment of the monthly charge for lighting at the School yard until perment arral}gemEmts are made.. Passoo unanimously. Item 7 - Citizen's Discussionand Public Hearings: None Item 8 - Council Discussion: 1. Clmr Richardson reported that he was not in favor of the proposed location of the Air Force Recreation Dispatch Building. Clmr. Hulm, seconded by Clmr. Richardson, moved to instruct the Administration to order the building moved to the compound South of the Harbor Master's Building. Clmrs. Hardy, Hulm and Richardson voted "yes." Clmrs Skinner, McCloud, Hill and Mayor Hoogland voted "No." Motion failed. Clmr. Richardson reported that the intersection below the new school was dangerous due to the fact that no signs were in place there to control traffic. 2. Clmr. McCloud suggested that school buses might be re-routed through the Jesse Lee Subdivision to avoid the congestion in the Clearview area. 3. Clmr. Hulm requested that the Administration gather information on wage rates for the Fire Chief and for office clerical work ers for discussion during the work session on the City's Audit Report. 4. Clmr. Hardy suggested that the State be request- ed to install signs along Third Avenue to locate the Small Boat Harbor Access Roads. Item 9 - Resolutions, Ordinances and Other Action Items: 1. Resolution No. 804, (see attached) a Resolution providing transportation expenses for the City's Borough Assemblymen. Clmr. McCloud, seconded by Clmr. Hill, moved to approve Resolution No. 804. Passed unanimously. 2. Resolution No. 805 (see attached) a Resolution declaring the former Alaska Railroad Depot an Historic Site in Seward. Clmr McCloud, seconded by Clmr. Hulm, moved to adopt Resolution No. 805. Passed unanimously. 3. Approval of I. B. E. W. Contract for. a three-year period ending August 31, 1973. Clmr. Richardson, seconded by Clmr. Hulm, moved to approve the agreement between the City of Seward and the I. B. E. W. as presented. Motion passed with Clmrs Skinrer and McCloud dissenting. I I I 7 Volume 15 Page 7 Regular Meeting September 28, 1970 Special Meeting October 7, 1970 Item 10 - Report of the Borough Assemblymen: 1. Clmr. Hulm reported (l)that an Ordinance providing tax exemption for Senior Citizens had been tabled.; (2) that the Borough had protested a ruling by the State Attorney General prohibiting the Borough from receiving 1. 2 million dollars for school construction reimburse- ment. (3) that a request from Radio Station KSRM to broadcast Borough meetings had been tabled, and (4) that the Assembly had worked on the 3.5 million dollar bond proposal for distribution of funds. Item II - Adjournment: Clmr. Skinner moved to adjourn. Mayor Hoogland adjourned the meeting at 9:50 P. M. , /)./ d ~/,~ ~ x;J.~ ,- ~ ~anne C. Hoogland ;/ Mayor Special Meeting October 7, 1970 Item 1 - The Special Meeting of the Common Council of the City of Seward, Alaska, for October 7, 1970 was called to Order by Mayor Hoogland at 4:30 P.M. Item 2 - Roll was called and those present were Mayor Hoogland, Clmrs. Richardson, McCloud, Hardy, Skinner and Jr. Mayor Kulin. Item 3 - Tme ballots and Poll Books for Precincts 1 and 2 were examined by Council and the totals compared. Clmr. McCloud, seconded by Clmr Richardson, moved to accept the tallies for Precincts 1 and 2 as recorded in the Poll Books. Passed unanimously. Challenged ballots were presented to Council with the report that the challenge had been checked and verified. Clmr. McCloud, seconded by Clmr. Skinner, moved to exclude the challenged ballots from the count. Passed unanimously. Six ballots were discarded and placed into an envelope. Absentee ballots were compared with the duplicate registration cards and all 21 ballots were accepted. In addition three challenged ballots (State registration verified) were also accepted. Candidate Glud objected to one challenged ballot being excluded from the count since he was absolutely certain that the individual was registered. A registration check was made and it was determined that State registration portion had not been completed in time to be certified for this election and the challange was upheld. The results of the tally, including absentees and challenged ballots is as follows: Mayor - One- Year Term K G. Skinner Robert E. Glud Joanne C. Hoogland Council Two Year Terms Emmitt L. Hill 129 133 II 273 Wm. C. Vincent 107 lIS 22 244 Bernard C. Hulm 95 109 14 218 Donald L. McCloud 102 91 II 204 Norman C. Waggy 50 66 12 128 Clmr. McCloud, seconded by Clmr. Richardson moved to accept the final results of the tally. Passed unanimously. #1 92 76 o #2 80 94 1 ABS. 12 12 o TOTAL 184 182 1 H Volume 15 Page 8 Special Meeting October 7, 1970 Regular Meeting October 12, 1970 Item 3 - Clmr. Richardson, seconded by Clmr. McCloud, moved to declare E. G. Skinner, Mayor and Emmitt L. Hill, Wm. C. Vincent, and Bernard C. Hulm, Councilmembers. Passed unanimously. Item 4 - Adjournment. Clmr Skinner moved to adjourn. Mayor Hoogland adj ourned the meeting at 5: 30 P. M. (~~. 0~~~.f PJ~. Hoogla Mayor Regular Meeting October 12, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for October 12, 1970 was called tq'order by Mayor Hoogland at 7:30P.M. Item 2 - The Opening Ceremony was led by Clmr. Richardson. Item 3 - Roll was called and those present were Mayor Hoogland, Clmrs. Richardson, McCloud, Hardy, Hill, Skinner and Jr. Mayor Kulin. Clmr. Hill arrived late. Item 4 - Clmr. Richardson, seconded by Clmr. McCloud, moved to approve the Minutes as presented from the bottom one/half of Page 5 through the top one/fourth of Page 8 (Special Meeting of October 7, 1970). Passed unanimously. Item 5 - City Manager's Report: The City Manager reported (1) that the Seward Land Use Map would be discussed at Wednesday's Planning and Zoning Meeting, (2) that a land selection meeting would be held on Wednesday at 3: 30 P. M. to discuss the selection process; (3) that appointments for Borough Assembly were in order (added to agenda as Item 13-1)~ (4) that the next Regular Meeting was in conflict with a holiday and that a new date was needed (Council selected Friday, October 23, 1970 as an alternate): (5) that if Council had no objection, the rough sketch of the proposed Marathon subdivision revision wbuld be submitted for approval by the parties involved. (No objection): (6) that a meeting on the City's audit for the fiscal year would be held on October 28, 1970 at 7:30 P. M.' (7) that item 9- 2 (appointing E. G. Skinner as Mayor) should be deleted~ and (8) the preliminary report on the Harbor Electrical work was transmitted to Council. Item 6 - Communications: (1) Letter dated 10/1/70 from Seward High School agreeing to reroute school buses as Council requested. Signed Jim Martin, Adm. Supt. (2) Letter dated 9/28/70 from State Department of Fish and Game giving reasons for the proposed sheep hunt in the Crescent Mountains area. Signed James A. Harper, Director Division of Game. (3) Complaint dated 1O/11/70 filed in Superior Court against James R. Filip, E. G. Skinner, and the City of Seward by LeRoy Johnson, John Durkin and Robert Glud asking that the canvass of October 7, 1970 be redetermined and that Robert Glud be declared Mayor of Seward. (4) Temporary Restraining Order and supporting documents dated 10/12/70 prohibiting E. G. Skinner from being appointed as Mayor and ordering the election mat~rials to be presented at a hearing held for the purpose of reviewing the election returns on October 16, 1970 at 8:30 A. M. in Courtroom A, State Court Building, Anchorage. Signed Edward V. Davis, Judge I I I H Volume 15 Page 9 Regular Meeting of October 12, 1970 Item 7 - Citizens Discussion and Public Hearings: 1. Jim Martin spoke regarding the School Site development plan and indicated that the School Bond monies do not provide for construction of a bus turn around or parking lot and that this is hazardous to childern using the area. Mr. Martin noted that the proposed lighting appeared to be inadequate and tmt additional fixtures would be needed. Clmr. Hill arrived at this time. 2. Public Hearing on proposed lease of Lot 13, Seward Municipal Small Boat Harbor Subdivision. Mayor Hoogland opened the Public Hearing. John Durkin asked if Ben Suddath had protested this lease. The City Manager reported that no objection had been received. John Durkin asked if Suddath's deposit on this lot had been returned. The City Manager reported that the deposit in question had been forfeited since the time provisions were not followed as required by City Ordinance. John Durkin contested the lease of Lot 13 on behalf of Ben Suddath who was reportedly out of town. No one else wished to be heard. Mayor Hoogland closed the Public Hearing. 3. Hans Hafemeister thanked Mayor Hoogland for her service as Mayor and Councilmembers of the City of Seward. Item 8 - Council Discussion: (1) Clmr. Richardson inquired on the state of signs at the intersection below the school. The City Manager reported that "yield" signs would be installed on the East-West street in the near future. Item 9 - Resolutions, Ordinances and other Action Items. (1) Clmr. Skinner, seconded by Clmr. McCloud, moved to approve the application for a Permit for Authorized Games of Chance and Skill as requested by the Seward Women's Bowling Association. Passed unanimously. Item 10 - Report of Borough Assemblymen: 1. Clmr. McCloud reported that the next Borough Meeting would be held on Tuesday, October 13, 1970. Item II - The City Clerk swore-in Wm C. Vincent and Emmitt L. Hill as City Councilmembers. Mayor Hoogland presented Certificates of Election to each and turned the gavel to Vice- Mayor Richardson. Vice- Mayor Richardson presented former Mayor Hoogland with a gavel and block as memento of her service to the Community. Item 12 - Roll was called and those present were Vice Mayor Richardson, Clmrs. Hardy, Hill Vincent and Skinner. Item 13 - Council Discussion: Clmr. Richardson, seconded by Clmr-. Skinner, moved to oppose landscape plans and lIghting tor the new Seward School. Passed unanimously. Clmr. Hardy, seconded by Clmr. Skinner, voted to appoint Bernard C. Hulm, Borough Assemblyman and appoint William C. Vincent as assemblyman for the next Borough meeting only. Passed unanimously. Vice- Mayor Richardson proclaimed the week of Oct. 18-24 as Vocational and Adult Education Week in Seward. Item 14 - Adjournment: Clmr. Skinner moved to adjourn. Vice-Mayor Richardson adjourned the meeting at 8:54 P. M. 10 Volume 15 Page 10 Regular Meeting October 23, 1970 Item 1 i- The Regular Meeting of the Common Council of the City of Seward, Alaska, for October 23, 1970, was called to order by Mayor Hoogland at 7:30 P.M. Item 2 - An Opening prayer was given by Clmr. Vincent. Item 3 - Roll was called and those present were: Mayor Hoogland, Clmrs. Richardson, Hardy, Vincent, Skinner and Hill and Jr. Mayor Kulin. Item 4 - Clmr. Vincent moved to approve the Minutes as presented from the bottom 3/4's of Page 8 through the bottom of Page 9 (Regular Meeting of October 12, 1970), seconded by Clmr. Hill, passed unanimously. Item 5 - City Manager's Report' The City Manager reported (1) that in the suit filed by Johnpon, Glud and Dur1dn, a court date had been set for 2'00 P. M., Wednesday, October 28, 1970:, (2) that a new date of November 16, 1970 had been set for the audit report, (3) that City Offices would be closed on Mnnday, October 26th, 1970 for Veteran's Day, (4) that Item 9-1, Resolution 806, should be deleted from tonights agenda and (5) that an appointment for Borough Assemblyman for the next Borough meeting should be made. Item 6 - Communications: 1. Letter dated 10/13/70 from City Attorney reporting on pregress of condemnation procedings in regard to Alaska State Housing Authority and the R-21 project in Seward. It was noted that the City will receive approzimately $3,750.00 for this action. Signed Kenneth P. Jacobus. 2. Letter dated 10/15/70 from Alaska Public Utilities Commission indicating certificate of Public Convenience and Necessity would be required after January 1, 1971. Signed, J. Lowell Jensen, Deputy Director. 3. Letter dated 10/15170 from American Home Assurance Company stating limits of the Police Liability policy in regard to Ullom vs. City of Seward were $50,000.00 per person for compensatory damages and nothing for punitive damages. Signed Robert F. Lyncheski, Examiner. 4. Letter from Seward Chamber of Commerce reporting a profit of $21, 625.16 on the 1970 Seward Silver Salmon Derby. Signed Sol J. Urie, Treasurer. 5. Letter dated 10/22/70 from the City Attorney covering the right of Mayor to continue serving until his successor is elected and qualified. Signed Richard O. Gantz. 6. Letter dated 10/9,170 from George N. Hayes, Attorney, requesting a copy of the Police Liabilities Policy signed George N. Hayes. 7. Letter dated 10/20/70 from Seward High Srhool requesting that the City install a light pole and two fixtures at the Elementary School. Signed Ed Garnett, Director of Maintenance. Clmr. Richardson, seoonded by Clmr. Hill, moved to approve the request. Passed unanimously. 8. Offer from Alaska State Housing Authority to sell parcel 7-5 along Third Avenue consisting of 2,599 sq. ft. more or less, for $10.00. Clmr. Vincent moved, seconded by Clmr. R ichardson, to approve the offer and purchase Parcel 7 -5 as described for $10.00. Passed unanimously. Item 7 - Citizens Discussion and Public Hearings. 1. Mr. Robert Glud stated that he felt the letter regarding insurnace coverage in the Ullom vs. City of Seward required Council action. The City Manager reported that action had been taken administratively. 2. Mr. Glud stated that the audit report was late. The City Manager reported that the audit had been completed for quite awhile and that this report for next month was to inform the Council and give them the opportunity to ask questions.. 3. Mr. Midby stated he would like to see the 25 m. p. h. sign reinstated near the Texaco station along Third Avenue. The City Manager reported that the Citiy had no sign authority over State routes but that a letter would be written to report on thi s request. I I I 11 Volume 15 Page II Regular Meeting of October 23, 1970 Special Meeting of November 4, 1970 Item 7 - 4. Mr. Ben Suddath asked when Resolution No. 806 would be up again. The City Manager indicated four to six weeks would be required at the very mininum. Item 8 - Council Disucussion: 1. Clmr. Vincent stated the Police should report on liquor license renewals each year and that the City needs to enforce laws where sanitation is inadequate. 2. Jr. Mayor Kulin inqluired about the skating rink near the Legion Club. Clmr Richardson volunteered to check out the status of the proposed rink. 3. Mayor Hoogland stated that she desired to retain her position as Mayor until the process of electing her sucessor is completed. Item 9 - Resolutions, Ordinances and other action items: 1. Deleted. 2. Approval of application of Liquor license. Clmr. Richardson, seconded by Clmr. Vincent, moved to approve Liquor License applications as sub- mitted by a. Seward Trading. Company. Inc. and b. Solly's Liquor Store. Passed unanimously. 3. Appointment of Borough Assemblyman. Mr. Heinbaugh reported that Clmr Hulm should be back after the November election. Clmr. Skinner, seconded by Clmr. Richardson, moved to appoint Emmitt L. Hill as the City's Assemblyman for the next Borough Meeting only. Passed unanimously. Item 10 - Report of Borough Assemblyman:. 1. Clmr. Vincent reported that work on lights of the Seward Elementary School wruld be delayed until local people has a chance to discuss the problem and that the next Borough Meeting would be held in Seward on November 10, 1970. Item 11 - Adjournment: Clmr. Skinner moved to adjourn. Mayor Hoogland adjourned the meeting at 8:26 P.M. ~-_-w 0~ . oanne C. Hoogland Mayor Special Meeting November 4, 1970 (LI'1m 1 - The Speci:ll Meeting of the Common Council of the City of Sew:lrd Aiqs"i<:a, for November 4, 1970, wa, called to order by Mayor Hoogland at 8:08 P. M. Item 2 - Roll was called and thoFe present were Mayor Hoogland, Clmrs Vincent, Skinner, Hardy, Richardson, Hill and Jr. Mayor Kulin. Item ~ - Clmr. Sl.cinner, seconded by Clmr. Vincent, moved to convene as a Canvass Board to hear testimony regarding the challenged ballots in the October 6, 1970 General Municpal Election. Passed unanimouFly. Mayor Hoogland opened the Canvass and City Attorney Gantz made the pre- liminary statement representing the City of Seward. Attorney Joe Josephson presented his statement on behalf of plaintiffs Durkin, Glud and Johnson. A verbatim transcript of the proceedings was prepared and was to be filed in the Superior Court as ordered by Judge Moody. Motions are as follows with Clmr. Skinner abstaining: Clmr Vincent, seconded by Clmr. Hardy, moved to accept the ballots of Harley and Mabel McKeague. Clmr. Vincent and Hardy - yes. Clmrs. Richardson, Hill and Mayor Hoogland - No. Motion failed. Clmr. Hardy, seconded by Clmr. Vincent, moved to accept the ballot of J:{. K Holmstrand. Clmrs. Hardy and Hichardson - yes. Clmrs. Vincent, Hill and Mayor Hoogland,- No. Motion failed. 12 Volume 15 Page 12 Special Meeting of November 4, 1970 Regular Meeting of November 9, 1970 Item 3 - Clmr. Hardy, seconded by Clmr. Vincent, moved to accept the ballot of Robert Af"hley, Clmr. Hardy - Yes. Clmrs. Vincent, Richardson, Hill and Mayor Hoogland. - No. Motion failed. Clmr Hardy moved to reconsider the McKeague ballots in view of new information. Motion died for lack of a second. Clmr. Richanon, seconded by Clmr. Vincent, moved to not count the ballot of John J. Durkin. Clmr. Vincent, Richardson, Hill and Mayor Hoogland - Yes. Clmr. Hardy - No. Motion passes. Item 4 - Adjournment: Clmr Skinner moved to adjourn. Mayor Hoogland adjourned the meeting at 12:30 A. M. ~ 0 :d-J~' oanne C. Hoogland / Mayor Regular Meeting of November 9, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for November 9, 1970, was called to order by Mayor Hoogland at 7:30P.M. Item 2 - The Opening Ceremony was led by Clmr. Hardy, Item 3 - Roll was called and those present were Mayor Hoogland, Clmrs. Hardy, Richardson, Hill and Vincent and Jr. Mayor Kulin. Item 4 - City Manager's Report: The City Manager reported that (1) Clmr. Skinner would not be present tonight: (2) Clmr. Hulm would return to Seward on or about November 20, 1970' (3) the Public Officials Conference on Civil DefeMe would be held at 1: 30 P. M. on Tuesday, November 10 at the Fire Station' (4) the Borough Meeti~in Seward for November 10, 1970 would be held at the Grade School Gym~ (5) the Seward Planning and Zoning Commission would meet Wednesday, November ll, 1970 at 7:30 P.M. in the Council Chambers: (6) the audit report would be presented to Council on Monday, November 16, 1970 at 7: 30 P. M. in the Council Chamben; (7) the Meeting on Aging would be held at 7:00 P. M. on November 18, 1970 in the Coucnil Chambers and (8) the School lights should be on in time for tomarrow's Borough meeting. Item 5 - Communications: (1) letter dated 10,/30,/70 from Commissioner of Administration transmitting $29,270.00 in shared revenues for the City of Seward, signed T. K. Downes, Commissioner. (2) Letter dated 10/23170 from Planning and Zoning Commission recommending action be taken to have citi7enf" clean up their yards in Seward. Signed Herman Leirer, Chairman. (3) Letter dated II /4170 from Charles Hamel reporting Seward's population at 2,010 from Census Bureau figures. Signed Charles Hamel, Senator Gravel'f" Office. (4) letter to Margaret Anderson from George Navarre, Borough Chairman dated 1112/70 reporting that permission to install a bleeder on each dead- end line perving fire hydrants in the Grade School area. Signed George Navarre. Borough Chairman. Clmr. Vincent, Seconded by Clmr. Richarson, moved to approve the installation cf bleeders as requepted by the Borough. Passed uanimously. (5) Letter from Alaska Municipal League dated II /5 /70 requesting approval of dues increaf"e from $100.00 to $700.00 for Seward. Signed Donald E. King, President. Clmr Vincent, seconded by Clmr. Hill, moved to approve the dues increase as requested. Pan:ed unanimously. I .) . ) Volume 15 Page 13 Regular Meeting of November 9, 1970 Regular Meeting of November 23, 1970 Item 5 - (6) Letter from Don Wilhelm dated 1l/9170 requepting permipsion to remove felled trees <rom City Property along the water shed road. on Mt. Marathon. Clmr. Hill, seconded by Clmr. Richardson, moved to approve the requeE't under the supervision Of the City Manager. Papsed unanimously. I Item 6 - Citizens Discussion and Public Hearings: None. Item 7 - Council Discussion: 1. Clmr Vincent requested the Administration to continue working on junk abatement in Seward. 2. Clmr. Hill requested that a letter be sent asking that Seward Airport be named in honor of Leonard Gilliland and be named "Leonard Gilliland Airport. " Item 8 - Resolutions, Ordinances and Other Action Items: 1. Clmr. Hill, seconded by Clmr. Richardson, moved to approve liquor licenpe applicationp for: a:-Gil's Lounge, b. Harbor Dinner Club, c. Yukon Bar, d. Dorothy'p Lounge e. Solly'p Lounge, f. Yukon Liquor Store g. B.P.O Elk's #1773, h. Tonys Bar i. Tony' p Liquor Store, j. Pioneer Bar, k. Pioneer Liquor Store, 1. Palace Bar and Cafe, m. Flamingo, Inc. n. American Legion, Post #5. Papped unanimously. 2. Clmr. Hill, peconded by Clmr. Hardy, moved to appoint Clmr'p Monty Richardpon and Wm. C. Vincent ap Borough Aspemblymen for the November 10. 1970, Borough Meeting only. Papped unanimously. Item 9 - Report of Borough Aspemblymen: None. I Item 10 - Adjournment: Clmr. Richardpon moved to adjourn. Mayor Hoogland adjourned the Meeting at 8:08 P. M. ~~~ amesR. Fi ip City Clerk- Treasurer ~ G' x/~ ;1L--?~ ~ . /Joanne C. Hoogland Mayor Regular Meeting of November 23, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska, for Monday, November 23, 1970 was called to Order by Mayor Hoogland at 7:30 P. M. Item 2 - The Opening Ceremony was led by Clmr. Skinner. Item 3 - Roll was called and those present were Mayor Hoogland, Clmrs' Skinner, Richardson, Hulm, Vincent, Hardy, Hill and Jr. Mayor Kulin. I Item 4 - Clmr. Richardson, seconded by Clmr. Skinner, moved to approve the Minutes as presented from the top of Page 10 through the top 2/3's of Page 13 ( Regular Meeting of Nov. 9,1970). Passed unanimously. Item 5 - The City Manager reported (1) that on November 18, 1970, a meeting on Aging was held and that it was well attented (2) that a pre-engineering water and sewer study was needed and that Engineering Science of Alaska had submitted a proposal to begin the work. Clmr. Skinner, seconded by Clmr. Hill, moved to approve up to $5,000.00 to do pre- engineering study in connection with water and sewer facilities in the community- (:1) that the Planning and Zoning Advisory Commission will hold a series of Public Hearings on the proposed Borough Zoning Ordinance on November 25 and 30 December 1, December 2, December 9, 1970: and (4) that bid proposals have been requested for Vending Machines, Towing Service, and Lots 4, 5 and 6 of the Marina Subdivision. 14 Volume 15 Regular Meeting of November 23, 1970 Page 14 Item 6 - Communications: (1) Letter dated 1l/1O/70 from American Legion Post No. 5 giving the City permission to use City equipment on Legion property to assist in the construction of an ice rink. Signed Raymond J. Doyle, Adjutant. (2) Letter dated 11/4/70 from City Attorney notifying that the City would receive $3,750.00 from the AlaFka State Housing Authority and re- commending that the money be used to payoff the recent purchase of Lots II and 12 in the Marathon Addition. Signed Kenneth P. Jacobus. Action delayed until late in the meeting. (3) Letter dated 1l/18/70 from State Division of Environmental Health recommending installation of a "backflow prevention device" bleeder installed in water lines at the Seward Elementary School. Signed Kyle J . Cherry, Regional Sanitary Engineer. (4) Letter dated 1l/23/70 from Donald L. Deems indicating his interest in leasing lots in the Marina Subdivision. Signed Donald L. Deems. (5) Letter dated 1l/18!70 from the City Attorney reporting that the transcript of the. November 4th Canvass cost $473.80. (Attorney's Cost in Johnson, et al vs. City of Seward et al amounted to $1, 487.50 for a total of $1, 961. 30 ex- clusive of City costs inthe matter). Signed Richard O. Gantz. (5) Letter from Johnson and Morgan dated 1l/19/70 proposing to do the City's Audit work for 1971 and 1972. Signed K. W. Kroon, Partner. (7) Letter dated 10/29/70 from Peat, Marawich, Mitchell and Co. proposing to do audit work for the City for 1971 and 1972. Signed N. John Schoedler, Manager. Discussion followed. Clmr. Hardy, seconded by Clmr. Richardson, moved to approve the proposal submitted by Johnson and Morgan for 1971 and 1972. Passed unanimously. Item 7 - Citizens' Discussion and Public Hearings: 1. Miss Pamela T. Himsworth made a presentation regarding the future of the Seward Youth Center and requested sponsorship, not funds, for the continuation of the local program. Discussion followed. A work session with Miss.. Him- sworth and the City Administration was set for 4:00 P. M., Friday, November 27th. Clmr .Hardy, seconded by Clmr. Richardson, moved to approve the application for Law Enforcement Assistance Agency grant funds for the Teen Center under the sponsorship of the City. Passed un- animously. 2. Mr. Roy Johnson presented a request for preferential usage of a portion of the City Dock under the same term and condition as agreed on between the City and Seward Fisheries. The City Manager pointed out that the use of the City Dock was based in part on the lease and purchase agreements also entered into with Seward Fisheries and that a portion of the $12,000.00 annual payment to the City should be taken as compensation for the use of the dock. The City Manager opposed the sale of Harbor Uplands. Clmr. Hulm supported the sale of Uplands but not tidelands. Clmr. Skinner suggested that the voters are the best ones to decide the issue. Clmr. Hulm, seconded by Clmr. Hardy, moved to authorize the City Manager to have a preferential berthing agreement prepared in favor of Shrimpo Inc., for 100 feet along the East side of the City Dock. Passed unanimously. Clmr. Hulm, seconded by Clmr. Hardy, moved to place the sale of uplands in the Small Boat Harbor area as a proposition in a Special Election. Passed unanimously. 3. Mr. Richard Beissner stated he was interested in continuing his housing project by building 4-plex apartment units in the Alaska State Housing Authority's Ocean- veiw Addition No.1 if there was no objection from Council. Council was agreed that the University should be contacted before projectis endorsed in order to determine if the Marine Science Institute would need that area for possible future expansion. Item 8 - Resolutions, Ordinances and other Action Items: 1. Resolution No. 807 A Resolution requesting the State Department of Public Works to name the Seward Airport "Leonard Gilliland Airport". Clmr. Richardson, seconded by Clmr. Hill, m01ed to adopt Resolution No. 807 (see attached). Clmr's. Richardson, Hill and Mavor Hoogland - yes. Clmrs. Skinner, HlIlm Vincent and Hardv - No. Motion fails. I I I 15 Volume 15 Regular Meeting of November 23, 1970 Regular Meeting of December 14, 1970 Page 15 Item 8 - 2. Clmr. Richardson, seconded by Clmr. Skinner, moved to appoint Clmrs Vincent and Hulm as Borough Assemblymen. Passed unanimously. Item 9 - Council Discussion: Discussion was held on the proposal to payoff the Marathon Addition purchase and Clmr. Skinner, seconded by Clmr. Hardy moved to table the proposal indefinitely. Passed unanimously. Clmr. Vincent asked for a report on the Jesse Lee Home project and the City Manager re- ported that some work had been done, that no recent correspondence had been received and that a letter had been sent requesting a progress report on the development. Clmr. Hill reported that areas in the community were poorly lighted and Council requested the Police Department to submit a report for future consideration. Item 10 - Report of Borough Assemblymen: 1. Clmr. Vincent reported that on ordinance providing tax relief for elderly residents passed un- animously and that a motion objecting to a proposed anterless Moose season failed. Item II - Adjournment: Clmr. Skinner moved to adjourn. Mayor Hoogland djourned t(;:, meet') at 1l:48 P. M., a * L) / - I j) ./ J ~ /(. - - . ;-~~.-' ~"'-:" ~ . ames R. Fili oanne C. Hoogland C City Clerk- Treasurer Mayor Regular Meeting December 14, 1970 Item 1 - The Regular Meeting of the Common Council of the City of Seward, Alaska for Monday, December 14, 1970, was called to order by Mayor Hoogland at 7:31 P. M. Item 2 - The Opening Ceremony was led by Clmr. Skinner. Item 3 - Roll was called and those present were Mayor Hoogland, Clmr's. Skinner, Hardy, Vincent, Hulm, Richardson and Hill. Item 4 - Corrections were noted on the Minutes as follows: After the word "Special Election" in the last line of item 7-2, add the words "early in 1971." In item 10-1 delete "motion" and insert "Resolution". Clmr. Richardson, seconded by Clmr. Vincent, moved to approve the Minutes as corrected from the bottom one third of Page 13 through to the top one/half of Page 15 (Regular Meeting of ovember 23, 197 . Passed Unanimously. Item 5 - The City Manager reported (1) that a Shelter Manager training course would beheld at 8:00 A.M. on Thurdsay, December 17,1970, at the Fire StatiOn and that the course was open to the public, (2) that the City's recent request for Law Enforcement Assistance Administration grant funds for the Municipal Y ourth Program had been tentatively approved, (3) that a Training Course for City Manager's, sponsored by the State and the International City Management Association was planned for four days in January and that if there was no objection he planned to attend. No objection. (4) that in Johnson VB. The City of Seward the Judge had taken it under advisement and that no date was set for a decision and (5) that Senator Palmer and Representatives Tillion and Specking would be in Seward on December 28, 1970 to speak to Council and other interested citizens. 16 Volume 15 Page 16 Regular Meetng December 14, 1970 Item 6 - Communications: (1) Letter dated 1l/28/70 from Development Corporation of North America indicatiIl@ that a report would be made within ten days. Signed Clifford Schoon, President. (2) Letter dated 12/1/70 from Alaska State Housing Aut hority reporting that disposition parcel 7-5 of Urban Renewal Project R-21 has been awarded to the City of Seward. Signed Robert H. Schenker, Executive Director. (3) Letter dated 11/23/70 from Alaska District, Corps of Engineers requesting approval of a lease for land inthe Harbor area for a boat rental and dis- patch office. Signed Morgan Wheel'ero, Chief, Real Estate Division. Item 7 - Citizen's Discussion and Public Hearings None Item 8 - Council Discussion: (1) Sewer and Water Improvement Project: Presentations were heard from Engineering Science of Alaska, Clair A. Hill and Associates and Hewitt V. Lounsbury and Associates in regards to the preliminary engineering work connected with the sewer and water improvement projelct. A work session for Council was set for 12/21/70 at 7: 30 p. M. (2) Clmr. Richardson reported that the skating rink was closed by the Legion Club since a question on insurance for skaters had come up. (3) Clmr. Hulm requested that discussion regarding reactivation of the City's Harbor Commission be taken up at the 12/21/70 work session as well. Item 9 - Resoultions, Ordinances and other Action items: (1) Ordinance No. 376 (see attached) an Ordinances concerning Alcoholic beverages in general. First Reading. Clmr Vincent, seconded by Clmr. Richarson. moved to approve Ordinance NO. 376 and advance to second reading. Passed unanimously. (2) Resolution No. 808 (see attached) A Resolution approving entry into an agreement wi th the State for R ural Development Grant Funds for the Seward Municipal Youth Program. Clmr. Skinner, seconded by Clmr. Hardy, moved to approve Resolution No. 808. Passed unanimously. (3) Approval of application for authorized games of Chance and Skill for American Legion Post #5. Clfl'"iT. Richardson, seconded by Clmr. Skinner, moved to approve the application for American Legion Post #5. Passed unanimously. (4) Clmr. Hill, seconded by Clmr. Hardy, moved to approve a Planning and Zoning Recommendation to rezone Block 5, Oceanview Subdivision to General Commercial Zone. Passed unanimously. (5) Clmr. Skinner, seconded by Clmr. Hill, moved to approve a Planning and Zoning Commission recommendation relating to the Zoning Map as presented at a Public Hearing held on 12 9/70. Passed unanimously. (6) Clmr. Hulm, seconded by lmr Richardson, moved to approve the use of 7th Avenue as a Truck route following a recommendation made by the Planning and Zoning Commission. Passed unanimously. (7) Clmr. Richardson, seconded by Clmr. Hill, moved to approve a Planning and Zoning recommendation to initiate a City-wide condemnation program. Passed unanimously. (8) Clmr. Hulm, seconded by Clmr Richardson, moved to return the Shrimpco Berthing permit to the City Attorney for revision in terminology of Item 3, a; definition in Item 2 and the addition of a section indicating that charges will be discussed between Mr. Johnson, the City Council and the administration when sea food products cross the dock so that a charge will be set up. Passed un- animously. (9) Clmr. Skinner, seconded by Clmr. Vincent moved to accept the towing bid received from Saindon's Service. Passed unanimously. (10) Clmr. Skinner, seconded by Clmr. Richardson, moved to postpone the Vending Machine bid award until the December 28th Regular Meeting. Passed unanimously. CITY OF SEWARD, ALASKA THE SEWARD CITY COUNCIL !i~~k' P,~ James R. F~lip, : City Clerk-Treas. ATTACHED TO AND MADE A PART OF THE MINUTES OF ORDINANCE NO: 376 AN ORDINANCE OF THE CITY OF SEWARD CONCERNING ALCOHOLIC BEVERAGES IN GENERAL WHEREAS, existi~g Ordinances may not adequately, nor fully cover control problems of minors in regard to the purchase, possession, and consumption of alcoholic beverages and I WHEREAS, the State of Alaska has enacted Chapter 245 of the Session Laws of Alaska, 1970, which lowers the age of majority for certain purposes to 19, and which became effective on September 25, 1970. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. Sale, etc., of alcoholic beverages to certain persons prohibited. No person shall sell, furnish, give or deliver any alcoholic beverage to any person who is intoxicated, who is under the age of 19 years or who is a habitual drunkard or a habitual user of drugs. The burden shall at all times be on the licensee and his employees to determine the age or sobriety of any patron. I For the purpose of this Section, the term "habitual drunkard" shall be defined as any person who has been convicted of any crime involving his intoxication six or more times in the preceding twelve months. Section 2. Presence of minors on premises of places where alcoholic beverages are sold. No person shall allow anyone under the age of 19 years to enter or remain upon a licensed premises unless he is accompanied by his parent, guardian, or spouse who has attained the age of 19 years. However, a person 18 years of age or older may enter and remain upon licensed premises in the course of his employ- ment, as a musician, entertainer, or bus boy. In addition, a person under the age of 19 years may enter and remain upon licensed premises, which are also recognized as a restaurant for the purpose of dining or dancing, if accompanied by his parent, or guardian, or by the parent or guardian of any other minor also present, or with any other adult with the consent of the minor's parent or guardian. I For the purposes of this section, licensed premises and restaurants are those which qualify for the respective designation under applicable State law. -1- ATIACHED TO AND MADE A BART OF THE MINUTES OF THE SEWARD CITY COUNCIL ~L IS- - ~. lJr;7p? v...c, /.: y....-...,. The burden shall at all times be on the.1 ames~~r~~Tlip, . .. reas . and h~s employees to determ~ne the age 0 any patron. Section 3. Possession by minors prohibited. I No person under the age of 19 years shall attempt to purchase or otherwise secure, purchase or otherwise secure, consume, or have in his possession any alcoholic beverage. Section 4. Consumption of intoxicating liquor in certain places prohibited. No intoxicating liquor shall be consumed on the public streets, in the public parks, or in any other public place, or any store, or establishments doing business with the public and not licensed to sell intoxicating liquor for consumption on the premises; nor shall anyone who owns, operates or controls any such unlicensed establishment or store to which the public is admitted permit the consumption of intoxicating liquor therein. Section 5. That this Ordinance shall supersede and revoke all sections of prior ordinances which conflict with it, Section 6. That this Ordinance shall take effect ~ immediately upon passage and approva 1. I FIRST READING: DEe 1 4 1970 SECOND READING: ADOPTION: AYES: NOES: ABSENT: ~ Mayor {2 '7L:y/ -.e ATTEST: I City Clerk 17 Volume 15 Page 17 Regular Meeting December 14, 1970 Regular Meeting of December 28, 1970 I Item 10 - Report of Borough Assemblymen: (1) Clmr. Hulm reported that the Borough Assembly had approved audit expenses in the amount of $9,500. 00, .and adopted a Resolution opposing the Anchorage annexation proposal and approved a dues increase for membership in the Alaska Municipal League. Item II - Adjournment: Clmr. Richardson moved to adjourn. Mayor Hoogland adj ourned the meeting at 11: 21 P. M. *~~ & x/~JLc-L/ oanne C. Hoogland ,;J Mayor Regular Meeting December 28, 1970 I tern 1. - The Regular" Meeting of the Common Council of the City of Seward, Alaska, "for December 28, 1970, was called to order by Mayor Hoogland at 7:31 P.M. Item 2 - Clmr. Vincent led the Opening Prayer. I Item 3 - Roll was called and those present were Mayor Hoogland, Clmrs Hardy, Skinner, Hill, Vincent, Hulm and Richardson and Junior Mayor Kulin. " Item 4 - A correction was noted on the Minutes as follows: In Item 9-5 delete na" and add "the City's" before the word "Planning". In hem 9-5 delete "the" and add "their" before the word "Zoning" / Clmr. Hulm, seconded by Clmr. Richardson, moved to approve the Minutes as corrected from the bottom one half of Page 15 through the top one fourth of Page 17 Regular Meeting of December 14, 1970). Passed unanimously. I Item 5 - Mayor Hoogland introduced special guests Senator Palmer, Representatives Tillion and Specking. The City Manager read a specially prepared memorandum covering the following topics: I. Jail fees for State Prisoners, II. State aid to airport improvement, III. Lowell Point Road, IV. State land transfer to City, V. State Aid for Civil Defense, VI. Resurrection River Road, VII. State Control of the Harding Ice Field, VIIL License Agents (State), IX. Vehicle License Law and X. Citizen Participation in State Government. The City Council added topics relating to membership on the Fish and Game Board, revenue sharing, the Planning and Zoning funciton in the Borough Act and proposed dredging north of Fire Island near Anchorage as well as the practice of flaring gas in Cook Inlet. Senator Palmer and Repre- sentatives Tillion and Specking discussed the items as ti1iY were brought up and unanimously expressed their opinion that the City Council was in the best position to assess local needs and to collect supporting evidence. Item 6 - Mayor-"elect Robert E. Glud was sworn into office by the City Clerk. Mayor Hoogland presented Mayor Glud with his Certificate of Election and transferred the office to her successor. Item 7 - Roll was called and those present were Mayor Glud, Clmr's Hardy, Skinner, Hill, Vincent, I-Iulm, and Richarson and Jr. Mayor KuHn. 18 Volume 15 Page 18 Regular Meeting of December 28, 1970 Item 8 - City Manager's Report: The City Manager reported that he would be attending the City Manager's Training session on Monday January ll, 1971 and asked that Council advance the Meeting by one week or delay it by one week. Discussicm followed and with consent of Council the meeting was advanced to January 4, 1971. The City Manager also reported that the Marina Subdivision bid opening would be held at 4:00 P. M., Thursday, December 31, 1970, in the Council Chambers and that the public was invited to attend. Item 9 - Communications: (1) Memorandum decision dated 12/22/70 from Superior Court Judge Ralph Moody allowing the five contested votes from the Oct. 6, 1970 General Municpal Election in Seward to be counted. Sig11led, Ralph E. Moody, Superior Court Judge. (2) Letter dated 12/18/70 from Seward Fisheries transmitting a check for the I. Q. F. equipment in the amount of $12,000.00 leaving a balance of $131,220.00 after application of $1,200.00 as incentive and $6,240.00 as interest. Signed Richard C. Kelly, Controller. (3) Letter dated 12/22/70 from Corps of Engineers commenting on high risk designation along 7th Avenue and indicating that designation is still valid and should be considered as a high risk area. Signed A. C. Mathews, Colonel, Corps of Engineers, District Engineer. (4) Copy of a letter to Mr. Robert Wills dated 12/19/70 submitting his resignation from the Economic Development Board of the Kenai Peninsula. Signed Wm. C. Vincent. (5) Memo dated 12/16/70 from C. R upe Kulin Agency reporting on insurance coverage for the ambulance. Signed Rupe Kulin. (6) Letter dated 12/23/70 to Richard O. Gantz, City Attorney from Joe P. Josephson requesting attorney's fees and costs in the amount of $1,974.39 in Glud et al vs City of Seward et al. Signed Joe P. Josephson. Clmr. Hulm, seconded by Clmr. Richardson, moved to recess following tonights agenda and reconvene at 5: 00 P. M. December 29 in Executive Session. Passed unanimously. Item 10 - Citizen's Discussion and Public Hearings: (1) Charles Estel reported that the 4th of July would fall on Sunday next year and asked that restrictions on selling liquor on Sunday be lifted for that day and perhaps for the Salmon Derby Sunday's as well. Item 11 - Council Disucssion: (1) Clmr. Hulm requested that Council think of nominations for the Port Commission, that the City go on record opposing Anchorage's Annexation plans by Resolution and that a break- down on the City's legal costs and fees be made public in the near future. (2) Chmr. Hill inquired about the Street lighting map and was told that the map was ready and that if Council desired it could be disucssed in greater detail on January 4th. (3) Jr. Mayor Kulin commented that her term ended on the last day of this month and encouraged the Council to continue the program in 1971. (4) Mayor Glud stated that the City should go on record by letter or by Resolution opposing the dredging project north of Fire Islaind near Anchorage. Mayor Glud requested and Council approved a expenditure of up to $50.00 for a gift to Mayor Yoshimura of Obihiro, Japan. Item 12 - Resolutions, Ordinances and other action items: 1. Clmr Hulm seconded by Clmr. Richarson, mOl ed to appoint Engineering Science of Alaska as Project Engineers for the preliminary sewar and water improve- ment Project. Passed unanimously. 2. Clmr. Richardson, seconded by Clmr. Hill, moved to table the Shrimpco Preferential Berthing permit. Motion passed with Clmr. Hardy dissenting. 3. Clmr. Hulm, seconded by Clmr. Skinner, moved to award the Vending Machine bid to Yukon, Inc. Motion passed with Clmr. Hill dissenting... ,4. Clmr Richardson, seconded by Clmr. Hulm, moved to remand Ordinance No. 376 (see page 16) to the City Attorney for redrafting and to adopt the AlcoholIc Beverage Control Board Rules and Regulations. Passed unanimously. I I I 19 Volume 15 Page 19 Regular Meeting of December 28, 1970 Special Meeting of December 30, 1970 Item 12 - 5. Clmr. Skinner, $e,comded by -:Jlmr. Richardson moved to approve the application for authorized games of Skill and Chance as sub- mitted by Pioneers of Alaska, Igloo No.9. Passed Unanimously. Item 13 - Report of Borough Assemblymen: 1. Clmr. Vincent reported that the Borough had met as a Board of Equalization, that the Borough passed a Senior Citizens tax exemption Ordinance, that the Borough authorized $15,000. OOfor drapes in 3 schools, 2; of which were in Seward and that the Borough passed a Resolution supporting legislation requiring that salmon canned in Alaska be labeled showing where the fish were caught. Item 14 - Recess: Clmr. Skinner moved to recess the meeting. Mayor Glud recessed the meeting at 1l:43 P.M. until 5:00 P.M., Tuesday, December 29, 1970. Mayor Glud reconvened the meeting on Tuesday, December 29, 1970 at 5:12 P. M. with Clmr. Hardyabsent. The Executive Session was opened and discussion relative to a matter affecting the finances of the City was discussed. The Council returned to regular session and the Mayor, Clmr. Skinner and the City Manager" who were out of the room by their own request, returned. Vice-Mayor Richardson reported that the decf'.3ion on the payment of the attorney fees and costs to the plaintiffs in Glud et al vs City of Seward et al be returned to the City Attorney for negeotiation with Mr. Joshepson. The City Manager understood the directive and reported that he would inform the City Attorney accord- ingly. Glud /ti!14E~~ Robert E. GliK1 1- Mayor Special Meeting of December 30, 1970 Item 1 - The Special Meeting of the Common Council of the City of Seward, Alaska, for December 30, 1970, was called to order by Mayor Glud at 5:04 P. M. ' Item 2 - The Opening Ceremony was led by Clmr. Hulm Item 3 - Roll was called and those present were Mayor Glud, Clmrs Skinner, Vincent, Hulm, Richardson, Hill and Hardy. Item 4 - Discussion was held relative to award of costs to Robert E. Glud and associates in*A letter from Joe Josephson dated 12/23/70 (see attached) was presented. A telegram dated 12/29/70 (see attached) from the City Attorney was presented. Clmr. Hlum, seconded by Clmr. Hardy, moved to authorize payment of Joe Josephson's bill in full. Mayor Glud and Clmr Skinner abstained from the vote. Clmr's Vincent, Hulm, Richarson and Hardy - yes. Clmr. Hill - no. Motion passed. *Glud et al vs City of Seward et al. Item 5 - Clmr. Skinner moved to adjourn. Mayor Glud adjourned the meeting at 5:32 P.M. HAir ~/ Robert E. Glud Mayor