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For Office Use Only
MOBILE FOOD VEHICLE LICENSE
License it:
Application
ssuec
(Licenses are not transferable)
PLEASE PRINT OR TYPE INFORMATION
Application Date:
I, , hereby make application for a ❑ New or❑ Renewed Mobile Food Vehicle
license in accordance with Title 10 of the Seward Municipal Code for the 20 , license year.
Applicant's Name: (Phone)
Applicant's Mailing Address: (ZIP)
Applicant's Street Address: (ZIP)
Business Name: (Phone)
Business Mailing Address: (ZIP)
DESCRIPTION OF EQUIPMENT AND VEHICLES TO BE USED INCLUDING DISTINCTIVE MARKINGS AND SIGNS:
HICLE LICENSE PLATE#
SCRIPTION OF GOODS AND SERVICES OFFERED:
ANY CHANGE IN EQUIPMENT(I.E. NEW VEHICLE) CLERK MUST BE NOTIFIED BY NOTARIZED LETTER.
PROVIDE THE FOLLOWING WITH YOUR APPLICATION:
• PROOF OF LIABILITY INSURANCE AND VEHICLE INSURANCE(EACH VEHICLE)AS REQUIRED
• PROOF OF STATE VEHICLE REGISTRATION FOR EACH VEHICLE TO BE USED IN THE VENDING BUSINESS
• PROOF OF HEALTH PERMITS
• Photos Provided
Note:State of Alaska business license is required.
•State of Alaska Business License No. Date Issued Expiration
(Please attach a copy)
State of Alaska
)ss:
Third Judicial District )
, being duly sworn,deposes and says that he/she is the individual making the
foregoing application and authorized agent for this business that the answers to the questions and other statements contained in
this application are true and complete to his/her knowledge.
Subscribed and Sworn to before me this day of , 20
Signature of Applicant
Notary Public
My commission expires:
FOR OFFICE USE ONLY
I.D. Furnished and number Fee Paid Cash Check# Receipt#
uDt/vid-M 191 t9/47/z
8u
Definition: 15.10.140 Mobile Food Vehicle shall mean a food establishment that is located upon a
vehicle,or which is pulled by a vehicle,where food or beverage is cooked,prepared and served for
individual portion service, such as a mobile food kitchen; provided however that a mobile food vehicle
shall not be considered a food service establishment.
15.10.225
Zoning Districts Principally Residential Principally Commercial Principally Public
Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P
Mobile Food Vehicle CP CP CP CP CP CP CP CP CP
Mobile Food Vehicle
1.An application for a Mobile Food Vehicle must be submitted on a form provided by the City Clerk's
office yearly with colored pictures of at least two different angles of the unit you are applying to license
and a description that includes the length and width,when in its widest configuration. All rules and
Regulation concerning Mobile Food Vehicle may be provided by the City Clerk.
2.Operation from 6:00 a.m.to 10:00 p.m. Mobile Food Vehicles may operate on private property in all
zones where Mobile Food Vehicle s are permitted,with the permission of the property owner and in the
following locations:
a. On city streets or in city-owned parking lots.
b. In Industrial Zones.
c.City Parks in areas designated by the Parks and Recreation Department Head
3.The Seward Police Department has the right to close down or request a Mobile Food Vehicle
relocate,where in the opinion of the Department,the Mobile Food Vehicle vending is causing or
contributing to an imminent public safety hazard.
4.Mobile Food Vehicles are not allowed on the grounds of any school unless as part of a school
authorized function.
5. Mobile Food Vehicles are not allowed in cemeteries.
6.Mobile Food Vehicles are only allowed in residential zones where construction is ongoing and no
residents within 100 feet of vendor raise concerns
7. Separation Requirement:
a. Except when operating in connection with a festival or special event,Mobile Food Vehicles
must locate at least sixty-five(65)feet from:
i.Any fixed-base food service establishment with an operating kitchen measured from
the front door;and
i
i
ii.Any hotel,bed and breakfast,motel,hostel,or inn measured from the nearest edge of
the property.
8. In addition to complying with the City's ordinances related to Mobile Food Vehicle s and these
regulations,the owner and operator of a Mobile Food Vehicle is responsible for applying for and
obtaining all other necessary city licenses required for the service of food and beverages,the Mobile Food
Vehicle itself must be in compliance with the motor vehicle laws of the State of Alaska,and the Mobile
Food Vehicle owner is responsible for verifying that a specific location,does not violate a zoning
ordinance of the City.
9.Mobile Food Vehicle locations,other than those on private property or those permitted through the
City's competitive bid process,are based on a first come,first serve basis;there will be no designated
parking spots for specific Mobile Food Vehicle vendors.
10.In locations on public property where Mobile Food Vehicles are permitted to operate,Mobile Food
Vehicle s shall comply with all parking rules,except that Mobile Food Vehicles otherwise operating
lawfully on city-owned property may, in any twenty-four(24)hour period,"feed"any parking meter once
in order to extend the maximum parking time by two times(2x)the usual maximum parking time limit.
11.Mobile Food Vehicles may not be parked overnight on city streets or in city parking lots.
12. Size limitations: Mobile Food Vehicles must not exceed ten(10)feet in width, including any side
extensions or awnings. Mobile Food Vehicle s in parking spaces on city-owned property must not exceed
twenty-four(24)feet in length, including the length of any trailer hitch,trailer,or other extension. If the
Mobile Food Vehicle is parked on private property,the Mobile Food Vehicle with attached trailer,or
other extension must not exceed forty(40)feet in length.
13.Mobile Food Vehicles must be self-contained when operating,except for the required trash and/or
recycling receptacles which shall be in contact with the Mobile Food Vehicle,in a safe location and in no
event shall impede the free movement of automobiles or pedestrians.
14.Mobile Food Vehicles must serve to the sidewalk or esplanade next to a sidewalk when parked in
spaces parallel to City sidewalks.
15.Only food and/or non-alcoholic beverages are allowed to be sold on City property.
16. Each Mobile Food Vehicle vendor must provide the City of Seward with a certificate of insurance to
cover public liability in the amount of at least$100,000.00
17.The Mobile Food Vehicle base station must be inspected and properly licensed
18.Mobile Food Vehicle s shall comply with the City's noise requirements
19.Failure to adhere to the regulations for Mobile Food Vehicle is cause for revocation or suspension of
license by the City Clerk.
1963 1965 2005 The City of Seward, Alaska
MHU"aft city CITY COUNCIL WORK SESSION
I��I11 on
1 Transient Merchants / Vendors
{Please silence all cellular phones and pagers during the meeting}
February 24, 2014 6:00 .m. Council Chambers
Jean Bardarson
Mayor
Term Expires 2015
Marianna Kell
Vice Mayor
Term Expires 2014
Vacant
Council Member
Term Expires 2015
Ristine Casagranda
Council Member
Term Expires 2014
Christy Terry
Council Member
Term Expires 2015
David Squires
Council Member
Term Expires 2015
Dale Butts
Council Member
Term Expires 2014
James Hunt
City Manager
Johanna Kinney
City Clerk
Cheryl Brooking
City Attorney
Current City Code Sections on Transient
Merchants and the referenced code sections Page 2
History / Timeline of Reviews of Transient
Merchants......................... ............................... Page 9
City Council, Planning and Zoning Minutes,
Resolutions, Ordinances, Memos and
Documentation in Date Order from 1994
throughpresent ............... ............................... Page 12
City of Neward, Alaska Council Table of Contents
February 24, 2014 Page 1
Seward City Code:
15.10.225. Land uses allowed..:
(a) Table 15.10.225, land uses allowed, is incorporated herein by reference and the restrictions
contained therein are mandatory unless otherwise modified by this chapter. (See tables at the
end of this title.)
(b) bodging .......
(c) Transient merchants as defined in section 15.10.140B. of this chapter and which are allowed
in accordance with table 15.10.225 are subject to the following development requirements:
(1) For purposes of this chapter, such use and storage of equipment shall be limited to a
period not exceeding 150 consecutive days in a calendar year.
(2) Transient merchant facilities shall be and remain legally licensed and road ready and
shall be removed completely from the property at the end of 150 days.
(3) Transient merchants shall provide for the concealed storage of all inventory, supplies,
equipment and other materials brought to the site in connection with the business
conducted there.
(4) Transient merchants using vehicles and trailers in the operation of transient business
activities authorized by this chapter shall ensure that the area of operation meets the
required setbacks as provided by section 15.10.220. In no case shall the allowed area
of operation be less than five feet from any property line, permanent structure or other
transient merchant.
(5) Prior to operation, vehicles and trailers utilized for transient merchant purposes shall
have blocked tires and be fully skirted to match the vehicle or trailer.
(6) Any additions, including, but not limited to, porches, platforms and decks, shall be
sided or painted to match or complement the vehicle or trailer prior to operation.
(7) Every transient merchant shall provide sufficient trash receptacles on -site and ensure
the proper disposal of all garbage collected on the site.
(S) The use of generators is prohibited.
(9) No transient merchant shall conduct business on property owned or operated by the
city except in accordance with chapter 5.10 of this Code.
(10) Transient merchants shall conform to all federal, state and local laws
Seward City Code:
15.10.140 Defmitions.. >'`.
A. General interpretation
1. Words used in the present tense include the future tense.
2. The singular number includes the plural.
3. The word "person" includes a corporation as well as an individual.
4. The word "lot" includes the word "plot" or "parcel."
5. The term "shall" is always mandatory.
6. The word "used" or 'occupied" as applied to any land or building shall be construed to
include the words "intended," "arranged," or "designed to be used or occupied."
B. Specific de initions. (Parenthetical references are for cross - reference only.) In this chapter,
unless otherwise provided or the context otherwise requires:
95. Transient merchant. Any person, partnership, firm or corporation, whether a resident
of the city or not, who engages in a temporary business, within a period not exceeding 150
consecutive days in a calendar year, of selling and delivering goods and/or services, wares and
merchandise for profit or nonprofit within the city by operating on a door -to -door, street corner
or similar basis; or from no fixed location or office; or from a location out -of -doors or in quarters
that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent.
Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire.
TABLES
Zoning District Designations
The following zoning district abbreviations are provided for information and interpretation:
RR =
Rural, very low density single- family residential
R1 =
Single- family, low density residential
RZ =
Single and two - family, medium density residential
R3 =
Single, two and multi - family, high density residential
UR =
Urban residential, a mix of residential uses and low impact home professional offices
OR =
Office residential
AC =
Auto and neighborhood oriented, light commercial
HC =
CB =
Harbor commercial
Central business district - dense downtown commercial
I =
Industrial
RM =
Resource management - partially developable lands subject to floodplains and steep slopes
INS =
Institutional, public, quasi - public uses
P =
Parks
Table 15.10.225. Land Uses Allowed
KEY.
O - Use Permitted Outright
H - Home Occupation
C - Use Requires Conditional Use Permit
P - Use Requires Administrative Permit
Blank - Use Prohibited
Zoning Districts
Principally Residential
Principally Commercial
Principally Public
Uses
RR
R1
RZ
R3
UR
OR
AC
HC
CB
I
RM
IINS
I P
Merchant, transient
0
0
0
0
'!
Seward City Code
15.10.220. Development requirements..,, -_
(a) Table 15.10.220, development requirements, is incorporated herein by reference and
the restrictions contained therein are mandatory unless otherwise modified by this
chapter. (See tables at the end of this title; see also section 15.10.210.)
(b) Building height. .....
(c) Setbacks— Yards.
(1) Setbacks are required to insure sufficient open area for snow accumulation,
sunlight, views, privacy, fire separation and visual relief between structures.
(2) No yard or other open space provided about any building for the purpose of
complying with the provisions of this chapter shall be considered as
providing a yard or open space for any other building, and no yard or open
space on one lot shall be considered as providing a yard or open space on any
other lot.
(3) No yard or lot shall be reduced in size or area below the minimum
requirements set forth herein. Yards or lots created after December 5, 1978
shall meet at least the minimum requirements established by this chapter.
(4) In cases of corner lots with multiple frontages, the administrative official shall
designate the front yard, and all other frontages shall be designated as a side
to a street.
(5) All structures shall be designed and constructed to prevent roofs from
shedding snow onto adjacent lots, structures, fences, or other property
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Seward City Code
8.10.010. Exemptions from chapter; intent of chapter
3
(a) The provisions of this chapter shall not apply to:
(1) Incidental fund- raising activities of less than two weeks per year duration sponsored by
charitable, religious, civic, educational or other nonprofit organizations; or
(2) Activities occurring on city property that has been leased to a third party.
(b) It is the intent of this chapter not to discriminate between residents of this city or of the state and
nonresidents thereof, and it is expressly provided that this chapter shall apply without discrimination
to all persons, residents of the city or state or nonresidents thereof.
(Ord. 515, § 2 (part), 1983; Ord. 96 -08)
8.10.015. Solicitation of sales or funds on city property
(a) The solicitation of funds or sales on property owned or controlled by the city is prohibited without
proper authorization by the city manager or his/her designee.
(b) The city council shall establish through resolution the policy and procedures to be utilized and the
fees to be charged by the city when evaluating whether to permit transient merchants as defined in
section 15.10.140 on property owned or controlled by the city.
(Ord. 515, § 2 (part), 1983; Ord. 92 -12; Ord. 96 -08; Ord. 2000 -09, § 1, 2000)
8.10.020. Uninvited door -to -door soliciting on residential property.
No one shall go in or upon private residences in the city for the purpose of soliciting funds or sales
of services or goods, or for the purpose of selling or disposing of the same not having been requested
or invited to do so by the owner or occupant of the private residences.
(Ord. 5.15 § 2 (part), 1983)
8.10.025. Definition — Handbill.
"Handbill" shall mean any flyer, notice or brochure advertising or promoting any product, business,
cause, political candidate or issue, and intended for distribution to the general public.
(Ord. 582, § 1, 1986)
8.10.030. Distribution of commercial or noncommercial handbills in public places.
No person shall throw, deposit or distribute any handbill in any public place unless that person hands
the handbill to a recipient willing to receive the handbill. Distribution of handbills by placing the
handbills on a vehicle is also prohibited.
(Ord. 582, § 2, 1986)
8.10.035. Distribution of commercial or noncommercial handbills on private premises.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any
private premises unless an inhabitant of the residence is willing to accept the handbill. If no one is
present at an inhabited private residence, the distributor of a commercial or noncommercial handbill
may place the handbill on the residence by securing the handbill so that it will not be blown away.
(Ord. 582, 55' 3, 1986)
- -- (3) - --
See ¢ 710.815(b) as to soliciting in the small boat harbor; see § 10.10.010(5), as to the selling ojperiodicals; see s'
11.15.060 as to parking a vehicle for the purposes of commercial advertising; see ¢ 11.35.040 prohibiting solicitation
alongside a roadway.
d
Seward City Code
7.10.815 Terminal use permits or license agreements — Required.
A. In this section, terminal use permits may be referred to as "permits" and license agreements may be
referred to as "agreements."
B. A signed terminal use permit or license agreement along with proof of insurance and cargo manifests
are required from the Harbormaster's Office for any operation that engages in commerce that uses
City docks, approaches or facilities for loading or unloading of cargo, petroleum providers, usage of
dock approaches, or landing areas across City of Seward property. Terminal use permits are required
for activities in which wharfage rates apply or when merchandise is passed over the city docks per
Section 285 of the Port and Harbor Tariff Regulations.
C. It shall be unlawful for any person to conduct or carry on any business upon any portion of the city
beach or docks, landing stage, or approach thereto in use in connection with the City docks, or to
use, occupy or hold possession of any part of the City docks, landing stage or approach thereto, for
any business purpose whatever, except for taking on or landing passengers, unless such person has a
valid terminal use permit or license agreement signed by the Harbormaster.
D. It shall be unlawful for any person to solicit, ask for or request patronage or trade, or display ware or
advertise in any way, on the City beaches, docks, landing stage or approach thereto in use in
connection therewith, for any business, or to sell tickets of any kind therewith, or to sell any article
of merchandise upon any portion of City beaches, docks, float, landing stage or approach thereto,
unless such person has a valid terminal use permit or license agreement signed by the Harbormaster.
E. A moorage contract is a separate requirement and does not require a terminal use permit. Seafood
processing businesses shall obtain a permit or agreement for utilizing City beaches, docks and floats.
Terminal use permits are not required for vessels loading gear such as: strongbacks, lines, hatch
covers, walking boards, nets, groceries or vessel safety equipment, or for vessels refueling for
standard operations.
10.10.010. General offenses.
It shall be unlawful for any person to do any of the following:
(1) through (4) ...........
(5) Sell or attempt to sell any periodical literature other than daily newspapers or solicit the sale of
magazine subscriptions on the public sidewalks and streets or in any area of a doorway or
entranceway immediately abutting thereon within the city;
11.15.060. Parking for certain purposes prohibited.
(a) No person shall park a vehicle upon a roadway for the purpose of:
(1) Commercial advertising;
11.35.040. Soliciting rides or business.
(a) No person shall stand in a roadway or in proximity to a street or highway for the purpose of
soliciting a ride, employment or business from the occupant of any vehicle.
(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.
History / Timeline for Reviews of Transient Vendors / Merchants
October 5, 1994 (page 12)
Planning and Zoning minutes discussion on developing a set of guidelines for transient vendors.
November 2, 1994 (page 13)
Planning and Zoning minutes discussion on developing a set of guidelines for transient vendors.
January 4, 1995 (page 14)
Planning and Zoning minutes discussion on conditional use permit versus an administration
permit for transient vendors.
February 1, „1995 (page 16)
Planning and Zoning minutes overview and discussion of draft ordinance on transient merchants.
November 1 1995 (page 18)
Planning and Zoning minutes overview and discussion of draft ordinance on transient merchants.
December 6,, 1995 (page 19)
Approved P &Z Resolution 95 -23, recommending a proposed ordinance amending SCC 8.10
Peddlers & 15.10 Transient Merchants, and a proposed policy resolution all be forwarded to the
City Council for approval.
January-8-1996 (page 31)
City Council, agenda introduced Ordinance 96 -05. Council motion to set Public Hearing for
January 22, 1996, amended motion to postpone introduction until January 22, 1996.
January 22, 1996 (page 33)
City Council separated Ordinance 96 -05 into two Ordinances. Approved the introduction of
Ordinance 96 -05 Substitute (amending SCC 15.10 transient merchants) and set public hearing
for February 12, 1996.
February 12 1996 (page 35)
City Council held a public hearing and enacted Ordinance 96 -05 Substitute Transient Merchants
& Ordinance 96 -08 Peddlers.
February 12,1996 (page 40)
City Council postponed Resolution 96 -013 establishing fees and policies for permitting transient
merchants on city property until February 26, 1996.
February 26, 1996 (page 42)
City Council approved of Resolution 96 -013 establishing fees and policies for permitting
transient merchants on city property.
January 13, 1997 (page 50)
City Council Approved Resolution 97 -004 Rescinding Reso 96 -013 and authorizing the City
Clerk to issue two mobile vender permits in the Small Boat Harbor.
February 6, 2001 (uase 53)
Planning and Zoning held a review of two separate requests to operate transient food venders on
city property in the Small Boat Harbor. Motion approved Recommending City Council approve
the concept of transient venders on City property, if approved the policies & procedures shall be
developed by P &Z & referred back to City Council for final approval.
Februar 7 2001 (page 56)
PACAB reviewed & recommended Council allow transient venders in the Harbor.
February, 26, 2001 (page 57)
City Council voted to support the concept of Transient Merchants on City Land in the Harbor
and Fourth and Adams Park and referred the issue to the Planning and Zoning Commission to
develop policies and procedures for Council consideration.
March & April 2001 (no backup paperwork, just note in agenda stm.)
Planning and Zoning work session to draft polies & procedures.
Mav 2, 2001 (page 58)
Planning and Zoning review the Commission work on establishing policies & procedures for
permitting vendors on City property.
January 2002 (no backup paperwork, just note in agenda stm,)
Planning and Zoning work session on draft policies & procedures & directed staff to bring
forward the policies & procedures at the February 5, 2002 meeting
Februar 5 2002 (page 59) (backup included)
Planning and Zoning approved Resolution 2002 -06 providing recommendations to the City
Council regarding policies and procedures for permitting vendors on city property.
A ril 22 2002 (page 75) (backup included)
City Council failed Resolution 2002 -039; establishing vendor policies and procedures and
establishing one vendor site on City property in the Harbor.
April 2. 2013 (page 91)
Planning and Zoning Citizen's Comments, member of the public requested he had code
amendments to allow transient merchants to operate more freely.
Mav 28, 2013 (page 92)
Council held a discussion on transient merchants on City property. Scheduled a work session for
September 9, 2013 to discuss transient merchants on the city owned South Harbor Uplands.
September 9, 2013 (page 93)
Council work session to discuss transient merchants on the city owned South Harbor Uplands
was cancelled.
September 23, 2013 (page 94)
Council Rescheduled a work session to discuss transient merchants on the city owned South
Harbor Uplands for November 25, 2013
November 12, 2013 (page 95)
Council cancelled the November 25, 2013 meeting and postponed rescheduling a work session
until January 13, 2014 to discuss transient merchants on the city owned South Harbor Uplands.
January 13, 2014
Work Session was not rescheduled
February,, 10 =2014
Council scheduled a work session for February 24, 2014 to discuss transient merchants on city
parcels.
163
City of Seward, Alaska Planning Commission Minutes
October 5, 1994 Volume 3, Page 163
It was the consensus of the Commission to address the long term and short term
goals regarding sewer and water facilities at the airport as stated by Corrigan.
Re lat of Lot 4 Block 2 Marina Subdivision.
Martin provided an overview of the memo included in the agenda packet.
MOTION (Kowalski/Corrigan) Recommend City Council approval of replat
of Lot 4, Block 2, Marina Subdivision.
Motion Passed.
Vendor issues.
Unanimous Consent
Martin provided a review of his memo which was included in the agenda packet. He
stated that vendors on private property and vendors on public property needed to be defined and
addressed separately. He recommended development of a set of guidelines for city staff to use
to permit and monitor vendors utilizing public property. He informed the commission that
current city code required that temporary vendor sites on public property be approved by
resolution of the City Council.
In answer to a question from Carpenter, Martin explained that the commission should
base its recommendations on health, safety and general welfare standards of the community.
Nelson stated that she had ideas on this issue and was interested in assisting city staff.
Corrigan stated that he would like to see the term, "Vending, Mobile Unit," remain as
a separate entity in order to control mobile vendors on public and private property, with a long
term goal of elimination of mobile vendors and encouragement of permanent businesses.
Bardarson requested information on sales and property tax revenues received by the City
from vendors compared to permanent businesses. Martin explained that KPB would provide
information on property taxes but not information on sales taxes received from individual
businesses.
Carpenter stated that he was aware, from talking with other restaurant owners, that
revenues were down 25% to 34% and local businesses attributed this decrease to the transient
merchants.
Seward Marine Industrial Center Developmegt.Plan
Martin recommended that the commissioners review and provide their comments on the
SMIC Development Plan.
Nelson provided a lengthy review of her comments on the SMIC Development Plan. She
/Z-
City of Seward, Alask,
November 2, 1994
171
Planning Commission Minutes
volume 3, Page 171
MOTION {Corrigan/Castellina)
Postpone action on Resolution 94-024 until
the December 7, 1994, meeting,
Motion Passed,
Unanimous
RECESS: The meeting was recessed at 8 :45 p.m. and reconvened at 8:52 p.m,
UNFEVISHED BUSINESS
�t Land Invento ana ement Plan.
Martin stated that he was working on and expanding the City Land Management Plan.
He reviewed the outline of topics and listings provided in the packet.
Castellina requested that the land management plan include the historic preservation
efforts and cultural resource issues.
Bardarson requested that the plan include the number of parking spaces businesses
utilized on city land,
end ILI Transient M rchants,
Martin stated that the City Attorney had responded to staff , Na
vendors and transient merchants. He stated that the attorn ey advised 1) request for
the opinion city could
delegate types of sales allowed on public land, as long as First Amendment rights were not
violated; 2) that requiring a conditional use permit for vendors on private property was legal as
long as there were standards or guidelines for granting or denying the permits; 3) that requiring
bonds from vendors could be reviewed and a determination made to identify why the city would
require bonds from vendors /transient merchants and not permanent businesses; and 4) that the
city could prohibit certain types of structures by establishing a clear set of standards that in no
way favored local businesses over non -local businesses.
Nelson suggested a work session on this topic.
Bardarson stated that he would like to restrict the operation of transient merchants as
much as possible. He added that permanent year local businesses straggled to stay open all
which helped to stabilize the local economy.
NEW BUSINESS
Senior Hous' ¢ Needs Assessment.
Martin stated that Judy Martin, Administrator of the Senior Center, had completed the
assessment.
187
City of Seward, Alaska Planning Commission Minutes
Volume 3, Page 187
January 4, 1995
Motion Passed. YES: Carpenter, Castellina, Kowalski,
Skibeness
NO: Bardarson, Corrigan
VOTE ON RESOLUTION N0.95 -01 AS AMENDED
Motion Passed. YES: Bardarson, Carpenter, Castellina,
Kowalski, Skibeness
NO: Corrigan
Resolution N h_", recommending comments on the Kenai Area Plan
MOTION (Castellina/Corrigan) Approve RmWWD No. 95 -04.
Martin provided an overview of the memorandum and comments on the Draft Kenai Area
Plan contained in the agenda packet.
Castellina objected to Exit Glacier Road being used for gravel extraction.
i
VOTE ON MOTION
Motion Passed. Unanimous
UNFINISHED BUSINESS
7Ya si ent Mush anfs
James provided an overview of the memorandum contained in the packet. She requested
a consensus from the Commission on whether or not it wanted to continue to require conditional
use permits for transient merchants or establish special rules and require an administrative permit.
Corrigan expressed his support for continuing with the conditional use permit requirement
for transient merchants. He suggested including the requirement that, if a conditionally permitted
use ceased to exist for more than a year and a day the permit expired. He stated that the
requirement would eliminate the review and renewal process for conditional use permits.
Castellina, Skibeness and Bardarson supported an administrative permit rather than a
conditional use permit for transient merchants.
Carpenter recommended that the permit fee match that required for permanent businesses.
1q
1061063
City of Seward, Alaska Planning Commission Minutes
January 4, 1995 Volume 3, Page 188
It was the consensus of the commission that the transient merchant definition outlined I
in the agenda statement was adequate and that an administrative permit, rather than a
conditional use permit, should be required for transient merchants.____ ._
NEW BUSINESS
Parking Code - Clarification of SCC 15.10.215 E.
Martin provided an overview of the memorandum which was included in the agenda
packet. He stated that his interpretation of the parking code required that every business
providing off -site parking must receive a conditional use permit, and in accordance with the code,
any off -site parking lot must be in the same ownership as the principal use being served. He
requested clarification and comments from the commission regarding its interpretation of the
parking code as it related to Randy McFarland's proposed application for a conditional use permit
to operate an off -site parking lot and shuttle service for harbor businesses.
Carpenter stated that off -site parking lots should not be required to be in the same
ownership as that of the principal use being served if all the required conditions were met.
Corrigan requested that the staff and the commission examine revisions to the code in
order to provide for a shuttle service parking lot. He stated that McFarland's proposal should be
given a chance to work because any relief of traffic congestion in the Harbor area would be
beneficial to the community.
Skibeness agreed with Corrigan and requested that further research be done. She stated
that the commission needed to know whether or not harbor businesses were supportive of the plan.
It was the consensus of the commission that Martin's interpretation of the parking
code was correct. They requested that further research be conducted to examine a possible
code change which would allow an off -site parking lot for numerous businesses, located in
the Harbor Commercial District, to meet their parking requirements without requiring that
every business receive a conditional use permit or that the off -site parking lot be in the same
ownership as the principal use being served.
ADMINISTRATION REPORTS
Martin informed the commission that all action on the petition to annex ±5,375 acres
within the Seward Meridian valley had been suspended due to the City Council's action against
the annexation. He informed the commission that the next Partnership Meeting would be held on
January 26th. He stated that Bardarson, Skibeness and Kowalski's commission terms expired in
February and that Kowalski had 'informed the staff and commission that she would not re- apply.
He thanked her for her service to the Planning and Zoning Commission and the community.
Martin distributed and discussed a hand -out which identified the benefits of the new lease
agreement with lames T. Pruitt, dba Seward Ship's Drydock,
f/ l
92
City of Seward, Alaska Planning Commission Minutes
February 1, 1995 Volume 3, Page 192
Martin provided an overview of the memorandum contained in the agenda packet...
In response to a question from Corrigan, Martin stated that the verification of off -site
parking had to be provided annually because assessments were required annually_
Nelson stated that the directional signage and location of an off -site parking facility had
to be appropriate to ensure proper utilization. She recommended that the intent of the proposed
ordinance be documented.
Skibeness stated that the incentive for businesses to utilize off -site parking would be to
avoid the paying assessment fees. She stated that the commission needed to know whether or not
businesses affected by assessments were supportive of the proposed amendments.
Corrigan supported the proposed changes to the parking code.
Corrigan, Nelson and Skibeness agreed that off site parking facilities serving businesses
affected by parking assessments should be located within the city limits. Carpenter supported not
limiting the location of off -site parking facilities to inside the city limits.
Transient Merchants.
Martin provided an overview of the memorandum and draft ordinance contained in the
agenda packet. The commission proceeded with a lengthy discussion on the draft ordinance.
Corrigan objected to allowing transient merchants on public property and outdoor seating
at transient merchant sites.
Skibeness stated that if transient merchants were regulated appropriately they could provide
a festive atmosphere. Nelson agreed.
Nelson noted that the impound yard south of the City shop was in the process of being
vacated and might be available as a public designated transient merchant area. She recommended
that nonprofit organizations be required to meet all the provisions of the proposed ordinance but
be exempt from the permit fee.
Corrigan supported stringent aesthetic regulations for transient merchants.
Skibeness supported the parcel legally described as Lot 2, Block 7, Oceanview Subdivision
as the most appropriate site for a public designated transient merchant area.
193
City of Seward, Alaska Planning Commission Minutes
February 1, 1995 Volume 3, Page 193
Corrigan asserted that there was a higher and better use for all of the identified sites. He
noted that if he had to choose one, the Oceanview Subdivision site would be the best location for
a transient merchant area.
Nelson supported designated sites.
Carpenter recommended Boulder Stadium as the most appropriate site for a public transient
merchant area. Nelson noted that, in the summer, Boulder Stadium was used for overflow
parking and adult softball.
Martin recommended the Oceanview Subdivision site for a public transient merchant area
because of its undevelopable character.
3
In response to a question from Martin, Corrigan and Skibeness expressed their support of
required parking for transient merchants. f
Carpenter suspended the rules to allow for public questions and comments. The
commission concurred.
CAROL CHAUDIERE CLARK, 1129 Park Place, supported informational signage to
off -site parking facilities. �{
DONNA MAREK, 1810 Phoenix Road, supported the administrative permit process for '
transient merchants. She stated that parking and aesthetic regulations for transient merchants
should apply to private and public property. She stated that she paid the assessment fee last year,
and that parking in the harbor was a problem.
Bed and Breakfag Issues,
Martin updated the commission on the bed & breakfast/lodging topic. He stated that the
proposed ordinance would be brought back before the commission at the March meeting. He
requested feedback from the commission on the intent of the ordinance.
Corrigan stated that the intent of the permission statement was to protect the property
owner. He objected to multi - family dwellings being utilized as nightly rental units.
Nelson stated that the city should not get involved in agreements between property owners
and renters. She recommended that the permit application include a statement that all the
requirements from the owner, bank, mortgage company, etc. have been met.
Nelson recommended discouraging the use of multi - family units as rentals.
Corrigan stated that the commission needed to protect the common good rather than private
enterprise.
i�
City of Seward, Alaska Planning Commission Minutes
November 1, 1995 Volume 4, Page 5
Clark stated that the Forest Acres Campground and Park appeared to be the best location.
Bardarson, Castellina and Niebrugge agreed.
Kincheloe objected to the City shop facility being located near the Army and Air Force
Recreation Camps.
Strategic Plan Item - Transient Merchants
Martin reviewed the draft ordinance and policy resolution relating to transient merchants.
He stated that the proposed ordinance would allow transient merchants as an outright use within
the Harbor Commercial, Auto Commercial, Central Business and Industrial districts rather than
by conditional use permit. He added that the ordinance would also provide the City Clerk with
the authority to issue permits to transient merchants on public property.
In response to a question from Carpenter, Martin stated that the City was not required to
permit transient merchants on public property.
Niebrugge objected to allowing transient merchants on public property.
NEW BUSINESS
R71M 1:16 VJIPIIIII.'09..Ml$A—UU,7�wf,71jrTi =-1
MOTION (Clark/Niebrugge) Recommend Kenai Peninsula Borough
Planning Commission approval of the
replat of Lots 18 - 20, Block 11, Original
Townsite of Seward.
Clark questioned how a building permit was issued prior to approval of the required replat.
Martin stated that, when commercial construction required a replat to vacate interior lot
lines, building permits were generally issued as long as the replat process was initiated prior to
construction.
VOTE ON MOTION
Motion Passed. Unanimous
ADMIMSTRATION REPORTS
Martin stated that the City Council recommended Borough Planning Commission approval
of the replat of Lots 3, 4 and 8, Block 1, Marina Subdivision. He stated that SAAMS was
planning to place the electric lines along Railway Avenue underground as required by its
City of Seward, Alaska Planning Commission Minutes
December 6, 1995 Volume 4, Page 8
Bardarson read the titles of the following consent agenda items approved by the
Commission:
The November 1, 1995, regular meeting minutes were approved as written; and
A public notice of application for a Corps of Engineers permit by the Alaska Railroad
Corporation to place approximately 18,800 cubic yards of fill and rip-rap material in Resurrection
Bay was noted for information.
HISTORIC PRESERVATION COMMISSION REPRESENTATIVE REPORT
Skibeness stated that the Historic Preservation Commission was scheduled to review the
first draft of the Seward Historic Preservation Plan during a work session on December 13, 1995.
She noted that 37 people attended the November 15, 1995, Town Meeting which was held at the
historic Depot building to obtain public input on the plan.
RESOLUTIONS
Resolution No. 95 -22, recommending amendments to SCC 15.10, regarding
parking requirements, to the City Council for adoption
MOTION (Niebrugge /Skibeness) Approve Resolution No. 95 -22.
Martin stated that the proposed amendments to the parking code were based on the
recommendations made by the Commission at its November meeting and addressed in the
November minutes.
Kincheloe requested that, prior to recommending the ordinance to the City Council,
the administration amend Section 1. SCC 15.10.215 Parkin. B. 7. b. to require day cruise,
charter boat operators to provide one parking space per four persons based on the maximum
Coast Guard licensing capacity. There was no objection from the Commission.
kyly-v D1110M0 11-IfeW
Motion Passed.
Unanimous
Resolu ion No. 95 -23, recommending a proposed ordinance amending SCC
Chapter 8.10, Peddlers and Solicitors and Chapter 15.10, Seward Zoning Code
regarding transient merchants, and a proposed policy resolution to the City
Council for adoption.
MOTION (Kincheloe / Skibeness) Approve Resolution No. 95 -23.
CYty of Seward, Alaska
December 6, 1995
MOTION (Niebrugge /Kincheloe)
Motion Passed.
MOTION (Niebrugge /Kincheloe)
Planning Commission Minutes
Volume 4, Page 9
Amend the proposed ordinance by deleting
the following from Section 2. S-CC
155. IQ. 225 Land Uses Allowed. C. 3, "and
tents constructed of combustible material. "
Unanimous
Amend Resolution No. 95 -23, by deleting
Section 2.
Niebrugge stated that he was opposed to permitting transient merchants on public property
Martin stated that the City Code authorized only the City Council to approve or deny
requests to solicit sales or operate on public property. He added that the proposed ordinance
authorized the City Clerk to permit transient merchants on public property and the attached
proposed resolution established the fees and policy for permitting such temporary uses on public
property. He noted that the deletion of the proposed City Council resolution could not take place
without amending the proposed ordinance.
Bardarson voiced his support of the proposed City Council policy resolution.
Skibeness stated that the proposed policy resolution provided the administration with
appropriately strict guidelines for reviewing transient merchant requests to utilize public property.
VOTE ON NIEBRUGGE AMENDMENT
Motion Failed.
MOTION (Kincheloe/Niebrugge)
Motion Passed.
VOTE ON MAIN MOTION
Motion Passed.
UNFINISHED BUSINESS
Unanimous
Amend the proposed City Council resolu-
tion to require that, upon expiration of a
transient merchant permit, all equipment
and materials associated with the operation
be removed from the site and the property
returned to its pre - permit condition.
Unanimous
YES: Bardarson, Kincheloe, Skibeness
NO: Niebrugge
tl!
�F ,
r`
Sponsored by off
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 95 -23
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION, RECOMMENDING A PROPOSED ORDINANCE AMENDING SCC
CHAPTER 8.10 PEDDLERS AND SOLICITORS AND CHAPTER 15.10, SEWARD
ZONING CODE, AND A PROPOSED POLICY RESOLUTION, REGARDING TRAN-
SIENT MERCHANTS, TO THE CITY COUNCIL FOR ADOPTION
WHEREAS, over the past year and a half the Commission has discussed establishing
development requirements for transient merchants operating within the City of Seward to protect
the public health, safety and welfare of the community; and
WHEREAS, if development standards are adopted, requiring all transient merchants to
obtain a Conditional Use Permit will no longer be necessary; and
WHEREAS, Title 8 of the City Code allows only the City Council to approve or deny
requests to conduct business on City property; and
WHEREAS, this is a time - consuming process and provides no direction for the
administration in reviewing and preparing recommendations for such requests; and
WHEREAS, authorizing the City Clerk to permit transient merchants on city property in
accordance with a policy approved by the City Council would provide for the efficient
administration of such requests; and
WHEREAS, there is a need to revise Title 8 and 15 of the City Code to address these
concerns and to adopt a policy resolution for permitting transient merchants on City property.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Sectign�l: The attached proposed ordinance, incorporated herein by reference, is
recommended to the Seward City Council for adoption.
Section -1 The attached proposed resolution, incorporated herein by reference, is
recommended to the Seward City Council for approval.
Section 3• This resolution shall take effect immediately upon its adoption.
�I
Sponsored by: Planning & Zoning. Commission
CITY OF SEWARD, ALASKA
O INANCE NO. 9
AN ORDINANCE OF THE CITY C UNCIL OF THE CITY
OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE CHAPTER 810,
PEDDLERS AND SOLICITORS AND CHAPTER 15.10, SEWARD ZONING CODE
RELATING TO TRANSIENT MERCHANTS
WHEREAS, as recommended by the Seward 2010 Comprehensive Plan, the Zoning Code
was amended in 1994 to require that transient merchants obtain a Conditional Use Permit from
the Planning and Zoning Commission prior to operation within the City of Seward; and
WHEREAS, the administration and the Planning and Zoning Commission have concluded
that the City business license provides sufficient means for ensuring compliance with all applicable
federal, state and local laws thus eliminating the need for transient merchants to obtain Conditional
Use Permits; and
WHEREAS, it is in the public interest to establish development standards and operating
criteria for transient merchants operating within the City of Seward to protect the public health,
safety and welfare of the community; and
WHEREAS, each year the City receives numerous requests from individuals interested
in vending on public lands; and
WHEREAS, Title 8 of the City Code only allows the solicitation of sales on public
property through City Council resolution which is a time - consuming process and provides no
direction for the administration in reviewing and preparing recommendations for such requests;
and
WHEREAS, there is a need to revise Title 8 and 15 of the City Code to address these
concerns; and
WHEREAS, the Planning and Zoning Commission has approved Resolution No. 95 -23,
recommending the code amendments included in this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. The following sections of Title 8 of the Seward City Code are hereby amended
to read as follows:
■
CITY OF SEWARD, ALASKA
ORDINANCE NO. 96 -_
1 m h of
A. The provisions of this chapter shall not apply to incidental activities of less
than two weeks duration sponsored by charitable, religious, civic or educational
organizations, or other nonprofit organizations.
B. It is the intent of this chapter not to discriminate between residents of this
city or of the state and nonresidents thereof, and it is expressly provided that this chapter
shall apply without discrimination to all persons, residents of the city or state or
nonresidents thereof.
SCC 6 8.10.QI5 Solidlation of sales or funds on city p opeM.
A. Except for special events which require City Council approval, the solicitation
of funds or sales on property owned or controlled by the city is prohibited unless
specifically authorized by the City Clerk. A special event is defined as an event sponsored
by an individual, organization, club, group, partnership, or corporation in which the
public is invited to attend and which requires the use of public streets or other public
property as a staging area for promotion of the event.
B. The City Council shall establish through resolution a policy for the City Clerk
to permit transient merchants as defined in SCC 15.10.140 on property owned or
controlled by the city.
ScCtion 2. The following sections of Title 15 of the Seward City Code are hereby
amended to read as follows:
T r . A structure without any foundation or footings and that is removed
when the designated time period, activity, or use for which the temporary structure was
erected has ceased.
Trailer. A structure standing on wheels, towed or hauled by another vehicle, and used for
carrying materials, goods, or objects or as a temporary office or business.
Transient merchant. Any person, partnership, firm or corporation, whether a resident of
the city or not, who engages in a temporary business of selling and delivering goods
-2-
�3
CITY OF SEWARD, ALASKA
ORDINANCE NO. 96-
and /or services, wares and merchandise for profit or non-profit within the city by
operating on a door -to -door, street corner or similar basis; or from no fixed location or
office, or from a location out-of -doors or in quarters that are easily moveable, such as a
temporary leased area or space, motor vehicle, trailer or tent. Includes peddler,
solicitors, itinerant merchants and vendors. Does not include vehicles for hire.
Right- of-&Z. An area or strip of public land which incorporates or is intended to be
occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters,
landscaping and public utilities.
Vehicle. motor. A self-propelled device used for transportation of people or goods over
land surfaces and licensed as a motor vehicle.
B. For each principal use, there shall be no less than the number of off - street
parking spaces specified under this section:
A / < Q Minimum Number Qf Par&U
Spam +_
5. Commercial
h. Transient merchant I space for each employee on the largest
working shift, or one for each 4 seats,
whichever is greater.
SCC 15,I0 225 LMd Vies.Allolyed.
C. Transient merchants as defined in § 15.10.140 B. of this chapter which are
allowed in accordance with Table § 15.10.225 are subject to the following conditions
(development requirements).
I. For purposes of this chapter such use shall not exceed 150 calendar days
annually.
2. Transient merchants shall provide for the concealed storage of all
inventory, supplies, equipment, and other materials brought to the site in connection with the
business conducted there.
3. Vehicles and trailers which are used for transient merchant purposes
shall ensure that the operation meets the required setbacks as provided by § 15.10.220, but in no
case be less than five (5) feet from any property line, permanent structure, or other transient
merchant.
-3-
CITY OF SEWARD, ALASKA
ORDINANCE NO. 96-
4. Prior to operation, vehicles and trailers utilized for transient merchant
purposes shall have blocked tires and be fully skirted to match the temporary structure.
5. Any additions, including but not limited to porches, platforms, and
decks, shall be sided or painted to match the temporary structure prior to operation.
6. Every transient merchant shall provide sufficient trash receptacles on
site and ensure that all garbage collected on the site is property disposed of.
7. The use of generators is prohibited.
8. No transient merchant shall conduct business on property owned or
operated by the City except in accordance with SCC § 8.10.015.
9. Transient merchants shall conform to all federal, state and local laws.
Transient Merchant AC, HC, CB, I -permitted outright
SecteQn J. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
22 day of January, 1996.
THE CITY OF SEWARD, ALASKA
Louis Beneardino
Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
-4-
Wohlforth, Argetsinger, Johnson & Brecht,
Attorneys for the city of Seward, Alaska
'l
Sponsored by: Garzini
CITY OF SEWARD, ALASKA
RE LUTION NO. 96-
-�) r-aa - -F
-
A RESOLUTIO OF THE CITY C CIL OF THE CITY
OF SEWARD, ALASKA, ES LISHING FEES AND POLICY FOR PERMITTING
TRANSIENT MERCHANTS ON CITY PROPERTY
WHEREAS, the solicitation of sales or funds on City property originally required
approval from the Chief of Police and Resolution No. 83 -18, established fees for permits issued
by the Chief of Police; and
WHEREAS, 0xdiaance 96- , authorized the City Clerk to permit the solicitation of sales
or funds on public property through a policy set by City Council resolution; and
WHEREAS, it is the intent of this resolution to set a policy for the City Clerk regarding
requests to conduct business on property owned or controlled by the City in order to ensure that
pedestrians and vehicles can safely access and travel the City rights -of -way and public parking
lots; and
WHEREAS, it is further intended to exempt incidental fund- raising activities of charitable,
religious, civic, educational or other nonprofit organizations from the permitting process provided
that such activity does not exceed two weeks duration; and
WHEREAS, it is necessary to re -establish fees for the temporary use of City property for
the solicitation of sales or funds by transient merchants; and
WHEREAS, the Planning and Zoning Commission has approved Resolution No. 95 -23,
recommending the attached proposed policy resolution to the City Council for adoption..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, that:
Section I. Resolution No. is hereby rescinded.
Section 2. In accordance with Qrdi_nance No. 96- , the following policies and procedures
shall be established for the City Clerk to permit transient merchants on property owned or
controlled by the city.
�
CITY OF SEWARD, ALASKA
RESOLUTION NO. 96-
1. An application for a transient merchant to conduct business on public property shall
be made to the City Clerk on a form approved by the clerk and shall be accompanied by the
following:
a. the application fee;
b. proof of insurance;
c. a complete description of the equipment to be used for display, storage, or other
purposes related to the proposed business including all distinctive markings and signs;
d. proof that the applicant has obtained the following licenses:
1) State of Alaska business license
2) City of Seward business license
3) health permits required for the preparation and sale of food or beverages
4) any additional licenses required by local, state or federal law; and
e. a complete description of the type(s) of goods and services that shall be offered
under the license.
2, Upon receipt of an application by a transient merchant, the City Clerk shall refer
the application to the Chief of Police, Public Works Superintendent, Community Development
Director and other City personnel as appropriate for review.
3. Applications will be approved and sites assigned on a first come, first served basis.
4. No transient merchant business shall be granted a permit for more than one location
on public property.
B,Availahle Q0 Pror neM_ Interested transient merchant operations may apply for
location at one of the following sites:
1. vacant parcels owned by the City of Seward which are not designated for a specific
use and are located within a zoning district which allows for the proposed transient merchant use.
2. one of the two designated sites within the Small Boat Harbor Public Plaza. Such
sites shall be no larger than 100 square feet and subject to approval by the Harbormaster.
3. public sidewalks which are wide enough to allow for no less than an eight foot wide
strip of unobstructed sidewalk for pedestrian use.
4. public streets, alleys, or rights-of-way where such operation will not interfere with
the normal flow of traffic, cause a safety hazard to pedestrians, or where the stopping or standing
of the mobile vendor would violate State or local traffic regulations, or any other regulations
required by Title 13 of the Alaska Administrative Code, entitled "Public Safety.
C. l g ' p-ment Rfquia-ments, In addition to the transient merchant development
requirements set forth in the Seward Zoning Code, transient merchants permitted by the City
Clerk to operate on public property shall conform to the following requirements:
,�7
CITY OF SEWARD, ALASKA
RESOLUTION NO. 96_
1. A site must be at least 20 feet away from a Fire Department or Police Department
driveway,
2. A site must be completely outside the sidewalk area adjacent to any part of a posted
bus stop.
3. A site must be at least five feet away from a crosswalk, fire hydrant, fire escape
or the curb edge of a sidewalk.
4. A site must not be adjacent to a sidewalk curb which has been painted or designated
to be painted red, yellow, or blue.
5. Except for special events approved by the City Council, transient merchants shall
not be allowed to operate within publicly owned or operated parking lots or within land designated
as Park on the official City of Seward Zoning Maps.
6. Each designation of a transient merchant site in an area that is used for a special
event shall be rescinded for the period of time during which that special event is authorized.
7. No tarps or visqueene shall be allowed.
8. Only commercially manufactured carts, designed for the specific use, shall be
allowed on public sidewalks.
9. Individual transient merchant sites located on public sidewalks shall be no larger
than 10 feet wide by 10 feet long.
10. The use shall conform to all applicable federal, state and Iocal laws and
requirements-
11. At the end of the permit period, the assigned vendor site will be cleared of all
vendor activity, equipment, and materials and the site returned to its pre - permit condition.
D. Insurance Required,
1. Before any permit is issued for a transient merchant to operate on public property, the
applicant shall furnish one or more policies or certificates of liability insurance issued by an
insurance company authorized to do business in the State of Alaska and reflecting at least one
million dollars ($1,000,000) of general liability insurance, property insurance, and auto insurance
and workers compensation as required by state law if applicable.
2. Every policy of insurance offered shall be acceptable only if it is approved by the
municipal risk manager.
E. Fees. Upon approval and payment of the appropriate fee the City Clerk shall issue
a permit to the applicant. The following fee schedule has been established to cover the
administrative time associated with processing an application, the impact on public services
generated from the use and the actual use of the property.
Term of Permit $=
0 -30 calendar days $100.00
31 -60 calendar days $200.00
61 -90 calendar days $300.00
CITY OF SEWARD, ALASKA
RESOLUTION NO. 96-
91 -120 calendar days $400.00
121 -150 calendar days $500.00
Section 6• This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 22 day of
January, 1996.
THE CITY OF SEWARD, ALASKA
Louis Bencardino, Mayor
Seward Planning and Zoning Commission
Resolution No. 25-U
AYES: Bardarson, Kincheloe, Skibeness
NOES: Niebrugge
ABSENT: Carpenter, Castellina, Clark
ABSTAIN: None
ATTEST:
i . M rp , C C /AA
City Clerk
i/
THE CITY OF SEWARD, ALASKA
t &��"
Blaine Bardarson, Chairman
-6L
City of Se—rd, Al—ka City Cowlcit Mimtes
January 8, 1996 Volume 32, Page 29
3
Lbecame fish food and would not be harmful to the environment. He noted that he was working
with Harbormaster Singleton and Icicle Seafoods to imalize a proposal to be brought before the
Council in the future.
ORDINANCES FOR INTRODUCTION
Ordinance No,, 96 -02, amending SCC Chapter 15.10, relating to parking
MOTION (Anderson/Keil)
Introduce Ordinance No. 96-OZ and set for
public hearing on January 22, 1996.
Garzini explained that this was a housekeeping ordinance that would clarify and improve
existing parldng requirements set forth in the parking code. Anderson stated that the public should
be informed that this ordinance was not related to the parking assessments issue.
VOTE ON MOTION
Motion Passed. YES: Anderson, Bencardino, Deeter,
Kell, King
NO: Siemiaski
Qrdnancg l
No. 96 -03, abolishing the Community Hospital Board
1,
L
MOTION (Anderson/Keil)
Introduce Ordin n No. 96 -03 and set
public hearing for January 22, 1996.
Anderson stated that, she had been named sponsor of the ordinance, and she wanted to inform
the public that it was the Council's int --nt to abolish the Community Hospital Board and transfer the
operation of the hospital to another f.ntity.
VOTE ON MOTION
Motion Passed.
Unanimous
r ' 96-05 , amending SCC Chapter 8.10, peddlers and solicitors, and
Chapter 15.10, Seward Zoning Code, relating to transient merchants
MOTION (Keil/Deeter) introduce Ordinance No. 96 -05 and set
public hearing for January 22, 1996.
Anderson requested additional information including the identification of vendor sites, a fee
schedule and the procedure to be followed by the city clerk when issuing vendor permits. She
objected to vending on sidewalks and in the parks. Garzini replied that the administration would
a
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City of Seward, Alaska City Council Minutes
Volume 32, Page 30
January 8, 1996
handle transient merchants in accordance with the wishes of the Council, but it was important to be
consistent. He stated that issuance of a permit by the city clerk in accordance with Council policy
and procedures was an efficient way to resolve the current problem in which vendors were required
to obtain a conditional use permit from the Planning Commission to operate on private or public
property and to obtain Council approval by resolution to operate on public property.
Sieminski objected to allowing transient merchants to operate on public property.
Anderson stated that this issue needed further review and suggested postponement and a work
session.
MOTION (Anderson/Keil)
Motion Passed.
Postpone until January 22, 1996.
Unanimous
The Council scheduled a work session to discuss transient merchants beginning at 6,30 p.m.
on Monday, January 22, 1996.
RECESS: The meeting recessed at 9;02 p.m. and reconvened at 9:12 p.m,
-06, repealing the parking assessments
MOTION (Anderson/King)
Introduce Ordinance No. 96 -06 and set
public hearing for January 22, 1996.
Sieminski objected to repealing the parking assessments until the paid parking issue was
resolved. Garzini explained that introduction of the ordinance would not afFect any other parking
issues but was a way to inform the public of the City's intent. He stated the proposed strategic
parking plan would take the place of the current parking assessment program.
MOTION (Anderson /Sieminski) Postpone until January 22, 1996.
Garzini stated that he favored introduction at this meeting so the Council could conclusively
deal with the parking issue on January 22.
Motion Failed.
VOTE ON INTRODUCTION OF ORDINANCE
Motion Passed.
YES: Anderson, Sieminski
NO: Bencardino, Deeter, Keil, King
YES: Bencardino, Deeter, Keil, King,
Sieminski
NO: Anderson
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City of Seward, Alaska 01y Council Mh ures
January, 22, 19916 Volume 32, Page 47
1rr to the Providence facility, negotiations would take place between the City and Providence to put
together a transfer plan with the assistance of Mr. Zitzow.
MOTION (Deeter /King)
Motion Passed.
Approve Resolution No. 96-008.
Unanimous
Resolution No„ 961 -009, approving an amendment to the contract with Rural
Health Financial Services for provision of fiscal review and recommendations
regarding finances of Seward General Hospital
MOTION (Keii/Anderson) Approve Resolution No. 96-009,
Motion Passed. Unanimous
UNFINISHED BUSINESS
Ordinan No. 96-05, amending SCC Chapter 8.10 and Chapter 15.10,
Seward Zoning Code relating to transient merchants p
Murphy noted that the ordinance had been postponed from the j� , 1996, meeting
�.. and there was a motion on the floor for introduction. She explained that the administration had
split the ordinance into two ordinances, Substitute Qminattclir No. 96-05, amending Chapter 15. 10,
Seward Zoning Code, related to transient merchants, and QrdinanceNo. 96-08, amending Chapter
8.10, peddlers and solicitors. She added that there were no changes to the content of the
ordinance. She explained that the Council could either vote the original motion for introduction
down and then introduce the two separate ordinances, or the Council could separate Ordinance
No. 96-05 into two ordinances by making a motion to divide the question. Both ordinances would
then be on the floor separately for introduction and a vote.
MOTION (Anderson /Sieminski) Divide the question by creating two new ?
ordinances, Ordinance No. 96-05 Suhetl-
ha and Ordinance No. 96-08.
1. .
Motion Passed. Unanimous
Murphy explained that Ordinance No. 95 -05 Substitute was now before the Council for
introduction.
QEdInance No. 96-05 Substitute, amending SCC Chapter 15.10, Seward
r�
Zoning Code relating to transient merchants
MOTION (King/Sierninski) Postpone until February 12, 1996.
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City of Seward, Alaska city Council Minutes
January 22, 1996 Vohmee 32, Page 48
King stated that he would like further time to review the material that was just presented
by the administration.
VOTE ON MOTION
Motion Failed. YES: Anderson, King
NO: Bencardino, Crane, Deeter, Keil,
Sieminski
v
VOTE ON INTRODUCTION OF ORDINANCE NO, 96-05 S %=7r
Motion Passed. YES: Bencardino, Crane, Deeter, Keil,
Sieminski`
NO: Anderson, King
Public hearing was set for February 12, 1996.
Ordinance No. 91iw08, amending SCC Chapter 8.10, peddlers and solicitors
VOTE ON INTRODUCTION
L.�
Motion Passed. YES: Anderson, Bencardino, Crane,
Deeter, Keil, Sieminski
NO: King
Public hearing was set for February 12, 1996.
!L:itv Shop Relocation. Mayor Bencardino stated that, since there was insufficient time
left in the meeting, this item would be placed on the February 12, 1996, agenda under Unfinished
Business.
CITY MANAGER REPORTS
Garzini introduced Hery Hensley, contractor for the City working on the Seward Flood
Hazard Mitigation Plan. He urged those who were interested in identifying flood hazards to
contact Hensley and the City or Borough. He noted the budget calendar for the upcoming budget
sessions.
COUNCIL DISCUSSION
KEIL stated that, although it was not always a smooth process, the public process did
work.
52
city Council Mauues
cry of Seward, Alaska YoL" a 32. Page 52
Febraary 12, 1996
build duplex
project at the Air Force Recreation Camp_ He stated that plans were underway to
better fish cleaning facility. He stated
cabins, landscape the area, build a new laundry facility and a
be completed by March 7, the contract would be awarded on May 22 and
that the final design would
the first phase of the project would take place from June to October 1995. He noted that the initial
of the project was scheduled
construction of six cabins would take place this year and the remainder
for completion in 2001. He further noted that the number of seasonal employees at the camp would
increase from 38 to 70 upon completion of the project. JOE THOMAS outlined the effect of the
construction on camp operations during the summer including a reduction in staff from 39 to 31.
DARRYL SCHAEFERMEYER, Project
SAAMS RepraMi rive - roleet pdate.
Administrator, gave a status report on the financing and construction schedule for the Alaska SeaLife
for design and rock work had been awarded to Jolly
Center. He stated that the landscaping contract
Miller Landscaping. He reported that the bridge financing package was currently under review by
two banks from New York and Alaska. He stated that a fund - raising event had been held at the
in New York hosted by prominent New York
Anchorage Museum and another event was being held
individuals. He noted that the goal was to raise a total of four million dollars with initial two million
dollars to be raised by the end of February. He reported that negotiations were continuing for an
through the University of Alaska. Finally, he stated that U. S. Senator Ted
education tax credit
Stevens had spoken in support of the ASLC as reported in the newspaper.
Anderson thanked the SAAMS Board for the distribution of its informational brochure to post
that the newsletter was a good
office box holders. Bencardino also thanked the Board and stated
idea. Schaefermeyer replied that the Board intended to distribute information on a quarterly basis.
SPECIAL ORDERS AND PUBLIC HEARINGS [Return to regular order of business]
Ordinance No. 26-05, amending SCC Chapter 15.10, Seward Zoning Code,
rebating to transient merchants
Notice of public hearing as posted and published as required by law was noted, and the
i
public hearing was opened. No one appeared in order to be heard, and the public hearing was
closed.
t
MOTION (CranelSieminski) Enact Ordinance NJM -05.
Anderson questioned the requirement for transient merchants to provide parking for each
employee or four customer seats since the area designated for operation was only 15 square feet.
Martin replied that when the ordinance was written, parking assessments were still in
effect, but with repeal of the assessments, it would be difficult for a transient merchant to provide
necessary parking. Gaizini agreed that compliance with parking requirements would be difficult.
MOTION (Anderson/King)
Amend by deleting Section 39 requiring
transient merchants to provide one park-
ing space for each employee or one for
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City of Seward, Alaska City Council Minutes
February 12, 1996 Vohme 32 Page 53
Motion Passed.
each 4 customer seats, and renumbering
the subsequent sections.
Unanimous
Klinkner suggested an amendment to clarify the language regarding the 150 -day season.
MOTION (Anderson /Sieminski)
Motion Passed.
Amend Section 2, transient merchant
definition, by deleting "not to exceed 150
calendar days annually" and inserting
"within a period not exceeding 150
consecutive days in a calendar year "; and
amend new Section 3, land uses allowed,
C1, by deleting "not to exceed 150 calen-
dar days annually" and inserting "be
limited to a period not exceeding 150
consecutive days in a calendar year."
Unanimous
VOTE ON ORDINANCE NO. 96 AS AMENDED
Motion Passed. YES: Anderson, Bencardino, Crane,
Deeter, Keil, Sieminski
NO: King
Ordinance No. 96 -08, amending SCC Chapter 5.10, Peddlers and Solicitors
Notice of public hearing as posted and published as required by law was noted, and the
public hearing was opened. No one appeared in order to be heard, and the public hearing was
closed.
MOTION (Sieminski/Keil)
Motion Passed.
Enact Ordinance No. 96 -08.
YES: Anderson, Bencardino, Crane,
Deeter, Keil, Sieminski
NO: King
=/C -o,
Sponsored by: Planning & Zoning Commission
Introduction Date: JgLu4a 211996
Public Hearing Date: Febru= 12, 1996
CITY OF SEWARD, ALASKA
ORDINANCE NO. 96 -05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE
CHAPTER 15.14, SEWARD ZONING CODE, RELA'T'ING
TO TRANSIENT MERCHANTS
WHEREAS, as recommended by the Seward 2010 Comprehensive Plan, the Zoning Code
was amended in 1994 to require that transient merchants obtain a Conditional Use Permit from the
Planning Commission prior to operation within the City of Seward; and
WHEREAS, the administration and the Planning Commission have concluded that the City
business license provides sufficient means for ensuring compliance with all applicable federal, state
and local laws, thus eliminating the need for transient merchants to obtain Conditional Use Permits;
and
WHEREAS, it is in the public interest to establish development standards and operating
criteria for transient merchants operating within the City of Seward to protect the public health, safety
and welfare of the community; and
WHEREAS, there is a need to revise Title 15 of the Seward City Code to address these
concerns; and
WHEREAS, the Planning Convnission has approved Resolution No. 95 -23, recommending
the enactment of the Code provisions contained in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
HEREBY ORDAINS that:
Sc0ion 1A SCC Section 15.10.140, Subsection B., is hereby amended by deleting the
definition of "Vending, mobile unit" and by adding the following new definitions:
15.10.140 De nitions.
B. ,Fpeci& dgfinitions..
Right -of -wad, An area or strip of public land which incorporates or
is intended to he occupied by, but not limited to, .streets, alleys, sidewalks, bike paths,
curbs, gutters, landscaping andlor public utilities.
Tempnrary structure. A structure without arty foundation or footings
and that is removed when the designated time period, activity or use for which the
temporary structure was erected bas ceased
"3
CITY OF SEWARD, ALASKA
ORDINANCE NO. 96 -05
railer. A structure standing on wheels, towed or hauled by another
vehicle and used for carrying materials, goods or objects or as a temporary office
or business.
Vehicle, motor A self - propelled device used for transportation of
people or goods over land surfaces and licensed as a motor vehicle.
Section 2. SCC Section 15.10.140, Subsection B., is further amended by revising the
definition of "transient merchant" to read as follows:
Transient merchant. Any person, partnership, farm or corporation,
whether a resident of the city or not, who engages in a temporary business, within
a period not exceeding 150 consecutive days in a calendar year, of selling and
delivering goods and/or services, wares and merchandise for profit or non-profit
within the city by operating on a door-lo-door, street corner or similar basis; or from
no fixed location or office; or from a location out-of-doors or in quarters that are
easily moveable, such as a temporary leased area or space, motor vehicle, trailer or
tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not
include vehicles for hire.
Section I SCC Section 15.10.225 is hereby amended by adding a new Subsection C_ to read
as follows:
15.10.225 Land uses allowed.
C. Transient merchants as defined in Section 15.10.140 B. of this
chapter and which are allowed in accordance with Table 15.10.225 are subject to
the following development requirements:
1. For purposes of this chapter, such use shall be limited to a
period not exceeding 150 consecutive days in a calendar year.
2. Transient merchants shall provide for the concealed storage
of all inventory, supplies, equipment and other materials brought to the site in
connection with the business conducted there.
3. Transient merchants using vehicles and trailers in the
operation of transient business activities authorized by this Chapter shall ensure that
the area of operation meets the required setbacks as provided by Section 15.10.220.
In no case shall the allowed area of operation be less than five feet from any
property line, permanent structure or other transient merchant.
4. Prior to operation, vehicles and trailers utilized for transient
merchant purposes shall have blocked tires and be fully skirted to match the
temporary structure.
5. Any additions, including but not limited to porches, platforms
and decks, shall be sided or painted to match the temporary structure prior to
operation.
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CITY OF SEWARD, ALASKA
ORDINANCE NO, 96 -05
6. Every transient merchant shall provide sufficient trash
receptacles on site and ensure the proper disposal of all garbage collected on the
site.
7. The use of generators is prohibited.
8. No transient merchant shall conduct business on property
owned or operated by the city except in accordance with Chapter 8.10 of this Code.
9. Transient merchants shall conform to all federal, state and
local laws.
Section _4. SCC Table 15.10.225 is hereby amended by deleting "Vending, mobile street"
from the table and by revising the use designated as "Merchant, transient" so as to allow the use
outright in the AC, HC, CB, and I zoning districts and to prohibit this use in all other zoning districts.
Seeti n S. This ordinance shall take effect ten (10) days following its enactment.
);L,L'k ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
day of February, 1996.
THE CITY OF SEWARD, ALASKA
Loui A. Bencardino, Mayor
AYES: Anderson, Bencardino, Crane, teeter, Keil, Sieminski
NOES: King
ABSENT: None
ABSTAIN: None
ATTEST:
at Linda S. Murphy,,C,.M1Q0*h�,,
City Clerk
(City Seal)
.., f -3-
c7.rf�.Ol 11%W%4`yy
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson & Brecht,
Attorneys for the city of Seward, Alaska
City Attorney
3
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City of Se%urd, Alaska City Council Miuwres
February 12, 1996 Vahww 32, Page 56
Ordinance N9,26---U, amending SCC Section 11.15.125 B, changing the parking
limit in the Small Boat Harbor Center lot from four hours to three hours
MOTION (Siesninski/Anderson)
MOTION (Deeter /Crane)
Motion Passed.
VOTE ON MAIN MOTION
Motion Passed.
RESOLUTIONS
Introduce Ordinance No. 96 -11 and set
public hearing for February 26, 1996.
Amend to provide for 12 hour parking in
the harbor center parking lot from October
1 to April 30.
Unanimous
Unanimous
Resolution No. 96 -013, establishing policy and fees for permitting of transient
merchants on city property K,
MOTION (Crane/Deeter) Approve Resolution Nu. 96 -013.
Jones explained that a substitute resolution and a memorandum had been prepared to
address the request for proposal process outlined in Section 2.A. She noted that changes had been
made to the RFP procedure to conform more closely to the City's standard RFP process.
Anderson stated that the criteria to be used in determining the assignment of sites,
specifically the type of goods or services provided and the decision on the aesthetics of the
surrounding area, would be determined by the city clerk which could prove to be a difficult
choice.
Gariini stated that he had confidence that the clerk could handle the decision. He also
envisioned that the clerk may want to appoint a selection committee to review vendor proposals
and make a recommendation for site selection for each vendor.
Anderson stated that future sites should be selected each year by the city manager subject
to approval of the city council. Garzini had no objection.
MOTION (Anderson /Crane)
Amend Section 2, Item D., Available City
Property, by adding "with the concurrence
of the City Council" after "...evaluating
possible transient merchant locations
and..."
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City of Se% ard, Alaska City cmn dl Minutes
February 12, 1996 Volume 32, Page 57
Motion Passed.
Unanimous
Anderson asked for clarification of the size of the selected sites. Martin stated that the
sites were 15 square feet each, or 3 feet by 5 feet. Anderson suggested enlarging the sites to allow
the vendor more room to operate.
MOTION (Anderson/Keil) Amend Section 2, Item D1 and D2 by
changing the size of the sites to 32 square
feet.
Motion Passed. Unanimous
Anderson was concerned that the sites along the boardwalk between Ray's Waterfront and
The Landing would interfere with traffic, parking and boardwalk foot traffic. She suggested
designating one site on the water side of the boardwalk rather than two sites along the parking lot
side.
MOTION (Anderson/Sieminski)
Motion Passed.
Amend Section 2, Item D2, to change
"two" sites to 'one site" located along the
boardwalk that would not interfere with
parking or boardwalk foot traffic.
YES: Anderson, Bencardino, Crane,
Keil, Sieminski
NO: Deeter, King
Crane stated that he would like to refer the resolution to the administration for further
review or postpone until the Council had sufficient time to thomughly review the proposed policy.
MOTION (Crane/Anderson)
Postpone until February 26, 1996.
Motion Passed. YES: Anderson, Bencardino, Crane,
Deeter, King, Sieminski
NO: Keil
Resolution No. 46 -W, setting a special election to he conducted on Tuesday,
April 9, 1996, for the purpose of authorizing the sale of general obligation bands
or lease obligations for capital facilities construction and authorizing the
transfer or assets and liabilities of Seward General Hospital to Providence
Alaska Medical Center
MOTION (Anderson/Deeter) Approve Resolution ty 96 -017.
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Oty of Seward, Alaska City Council Minutes
FebLuM 26, 1996 Volume 32, Page 69
ORDINANCES FOR INTRODUCTION None.
RESOLUTIONS
Resolution No. 96-024, amending the legal budget by transferring $5,000
from the General Government subject matter to the Jones v. City subject
matter
MOTION (Crone/Anderson)
Approve Resolution No. 96 -024,
In answer to a question frorn Sieminski, Garzini clarified that the resolution approved a
line item budget transfer within the legal budget and did not appropriate additional funds. He
stated that this action kept the Council and public informed about the status of legal operations.
Motion Passed.
Unanimous
Resolution Na, 96 -02F, approving the Council agenda format
MOTION (Crane /Anderson) Approve Resolution Na. 2b=026.
MOTION (King/Deeter)
Motion Passed.
UNFINISHED BUSINESS
Postpone to March 11, 1996.
Unanimous
Resolution No. 96 -013, establishing fees and policy for permitting transient
merchants on city property
Mayor Bencardino noted that there was a motion on the floor for approval as amended.
Deeter stated that the fnW decision on issuance of vendor permits rested with the city
clerk, and he preferred not to place. that burden on any one individual. Crane agreed and stated
that the current policy could pose problems with the selection process. He suggested a lottery
from those vending proposals reenived in response to a request for proposals. King agreed.
Garzini supported a lottery on a trial basis of one year.
The Council held a brief recess to allow the city clerk to prepare an amendment to pro-
vide for a lottery.
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City of Se% ard, Alaska City CO.Wil Minutes
Feb 26 1996 Volume 32, Pa a 70
RECESS: The meeting recessed at 8:48 p.m. and reconvened at 8:55 p.m.
Murphy recommended amending Section 1., Subsection A.3., to read as follows.
3. Proposals shall be reviewed and sites assigned based on the fol-
lowing criteria:
A. Conformance with the city code and applicable policies
and procedures
B. Completeness of application
C. Selection through a lottery process conducted by the City
Clerk's office.
MOTION (Crane/King) Amend as recommended.
Motion Passed. YES: Bencardino, Crane, Deeter, Heil,
King, Sieminski
NO: Anderson
MOTION (Crane/Deeter)
Motion Passed.
VOTE ON RESOLUTION AS AMENDED
Motion Passed.
Amend by adding a refundable cleaning
deposit of $100.00 to Section 2.,
Subsection A.I.
Unanimous
YES: Bencardino, Crane, Deeter, Keil,
King, Sieminski
NO: Anderson
Resolution No. 96-017, calling a special election to be held on Tuesday, May
21, 1996, for the purpose of authorizing the sale of general obligation bonds
or lease obligations for capital facilities construction and to authorize the
transfer of assets and liabilities of Seward General Hospital to Providence
Alaska Medical Center
Murphy noted that there was a motion for approval on the floor.
MOTION (Anderson /Keil)
Postpone until March 11, 1996.
Anderson stated that the proposal from Providence would be available the first week of
March, and the Council should be prepared to take action on the resolution on March 11, 1996.
,i
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Sponsored by: QUZifl' & Mu
CITY OF SEWARD, ALASKA
RESOLUTION NO. 2513
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, ESTABLISHING FEES AND POLICY FOR PERMITTING
TRANSIENT MERCHANTS ON CITY PROPERTY
WHEREAS, the solicitation of sales or funds on City property originally required
approval from the Chief of Police, and established fees for permits issued
by the Chief of Police; and
WHEREAS, Ordinance 96-08 authorized the City Clerk to permit the solicitation of sales
or funds on public property in accordance with a policy set by City Council resolution; and
WHEREAS, it is the intent of this resolution to set a policy for the City Clerk regarding
requests to conduct business on property owned or controlled by the City in order to ensure that
op pedestrians and vehicles can safely access and travel the City rights -of -way and public parking
lots; and
WHEREAS, it is further intended to exempt incidental fund- raising activities of charitable,
religious, civic, educational or other nonprofit organizations from the permitting process provided
that such activity does not exceed two weeks duration; and
WHEREAS, it is necessary to re- establish fees for the temporary use of City property for
the solicitation of sales or funds by transient merchants.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, that:
Section 1. Resolution NQ. 83 -I8, is hereby rescinded.
SecfiOnZ. In accordance with SCC § 8.10.015, the following policies and procedures are
hereby established for the City Clerk to permit transient merchants on property owned or
controlled by the city.
No later than March 31, 1996,
and no later than December 15 of each subsequent year, the City Clerk shall publish a request for
is proposals for seasonal transient merchant sites designated in accordance with Section D, subject
to the following:
14q
CITY OF SEWARD, ALASKA
RESOLUTION NO. 96 -013
L The required minimum fee, initially set at $600.00 for a calendar year plus a
$100.00 refundable cleaning deposit, shall be determined annually by resolution of the
City Council.
2. Proposals for a transient merchant to vend on public property shall be submitted
to the City Clerk on a form approved by the clerk and shall be accompanied by the
following:
a. a filing fee of $100.00;
b. a complete description and photograph of the equipment to be used for
display, storage, or other purposes related to the proposed business including all
distinctive markings and signs; and
C. a complete description of the type(s) of goods and services that shall be
offered under the license.
3. Proposals shall be reviewed and sites assigned based on the following
criteria:
a. conformance with the city code and applicable policies and procedures
b. completeness of application
c. selection through a lottery process conducted by the City Clerk's Office.
4. Prior to the award of a site assignment, the proposer shall submit the
following within 30 days of the date of the notice of award of a vendor permit by the City
Clerk:
a. proof that the applicant has obtained the following licenses:
1) State of Alaska business license
2) City of Seward business license
3) Kenai Peninsula Borough sales tax registration certificate
4) health permits required for the preparation and sale of food or beverages
5) any additional licenses required by local, state or federal law; and
b. Payment of the permit fee offered in the proposal
C. Proof of insurance
5. The filing fee of $100.00 will be returned to any unsuccessful proposers
following award of the site assignments.
6. Applicants who operated for at least three months during the previous year
may renew a permit for the same location for up to two additional seasons at the original
rate plus 10%, except that those sites located in the Harbor Commercial Zone are subject
to annual approval by the Harbormaster. Notice of a permittee's intent to renew must be
received by the City Clerk between October 1 and December 1.
L�
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 96 -013
B Transient Merchant sites Not Assigned Py Bid. Those public sites designated as
available for transient merchants which are not assigned under Section A shall be issued on a first -
come /first- served basis beginning March 1 of each year subject to a non - refundable $100.00 filing
fee, conformance with the city code and applicable policies and procedures and receipt of a
completed application as required by the City Clerk. Upon issuance of a permit and prior to
operation, the permittee shall pay a monthly permit fee, initially set at $150.00 per month.
1. shall permit operation of a transient merchant at a specified site for a specified
period not exceeding 150 consecutive days during a calendar year.
2. shall not be granted for any location on or within public sidewalks, rights -of-
way, publicly owned or operated parking lots or land designated as park on the official City of
Seward Zoning Map;
3. shall not be assigned or transferred;
4. shall be prominently displayed at the permitted site; and
5, may be revoked by the City Clerk for violation of any policy approved by the
City Council, upon determination that the operation of the permittee is causing a hazard or a
significant disruption of pedestrian or vehicular traffic, that the area affected by the permit is
required for public purpose, or for other cause.
A Avadakk City_ Pro2erty. Prior to October 1 of each year, the City Manager shall
evaluate possible transient merchant locations and, with the concurrence of the City Council,
designate those available sites during the following calendar year. Initially, the following sites,
identified on the attached maps, shall be available for permitted transient merchant operations:
1. Two sites, not to exceed 32 square feet each, within the Small Boat Harbor Public
Plaza subject to the approval of the Harbormaster (]Exhibit A).
2. One site not to exceed 32 square feet, along the boardwalk, that does not interfere
with boardwalk foot traffic or parking, in the Small Boat Harbor which is bordered by Ray's
Waterfront to the north, The Landing to the south, the public parking lot to the west, and the
tidelands to the east (Exhibit B).
In addition to the transient merchant development
requirements set forth in the Seward Zoning Code, transient merchants permitted to vend on
public property shall conform to the following requirements;
ir/ C-
CITY OF SEWARD, ALASKA
RESOLUTION NO. 96-013
Transient merchant sites on public property shall be totally self- contained.
A site must be at least 20 feet from a Fire Department or Police Department
driveway.
3. A site must be completely outside of the sidewalk area adjacent to any part of a
posted bus stop.
4. A site must be at least five feet away from a crosswalk, fire hydrant, fire escape
or the curb edge of a sidewalk.
5. A site must not be adjacent to a sidewalk curb which has been painted or designated
red, yellow, or blue.
No tarps or plastic sheeting shall be allowed.
7. A cart which is authorized under this section to be placed in the Small Boat Harbor
shall be of such a size and nature or so equipped that it may be moved quickly and easily by one
person.
8. A permittee shall not engage in hawking.
9. At the end of the permit period, the assigned vendor site shall be cleared of all
vendor activity, equipment, and materials and the site returned to its pre - permit condition.
10. Transient merchants permitted to vend on public property shall conform to all
applicable federal, state and local laws and requirements.
1. Each transient merchant must obtain at least one million dollars of public liability
insurance naming the City of Seward as an additional insured. Prior to beginning operation, a
permittee must provide the city with a broker's certificate of insurance including provision for 30
day notification to the City of Seward if the policy is modified, canceled or terminated.
2. Every policy of insurance offered shall be acceptable only if it is approved by the
municipal risk manager.
Section 3• This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 26th
day of February, 1996.
41
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City of Seward, Alaska City Council Minutes
Januar
y 13, 1997 Volume 32, Page 244
6 Yes, I No
VOTE ON MOTION TO APPROVE RESOLUTION AS AMENDED
Motion Passed.
Unanimous
Resolution No. 97 -004, rescinding Resolution No. 96 -013 and authorizing the
City Clerk to issue two mobile vendor permits in the Small Boat harbor Plaza
MOTION (Crane /Anderson) Approve Resolution No. 97 -004.
Murphy noted a phone call she had received from Jody Sutherland, attorney for Ralph Gross,
objecting to the recommendation that the City Council deny Mr. Gross's request for a 1997 vendor
permit. Murphy suggested that the Council amend the resolution to provide Mr. Gross an
opportunity to address the Council at a future meeting prior to Council consideration of his permit
request.
MOTION (King/Keil) Amend Section 3 of the resolution to read: "The
City Council will consider a request to extend the
small boat harbor vendor permit as filed by Ralph
Gross, Alaska Gold Nugget and Diamond Com-
pany, at a future meeting following a presentation
by Mr. Gross."
VOTE ON AMENDMENT
Motion Passed.
Unanimous
VOTE ON APPROVAL OF RESOLUTION AS AMENDED
Motion Passed.
Unanimous
Resolution No. 97 -006, awarding an Exclusive Right to Negotiate to Chugach
Alaska Corporation and the Qutekeak Native Tribe for lease of the historic ferry
depot facility
MOTION (Kell /Clark)
Approve Resolution No. 97 -006.
Blatchford declared has conflict of interest as a voting member of Chugach Alaska
Corporation, Mayor Bencardino affirmed the conflict of interest and instructed Blatchford to
abstain from discussion or voting on this matter.
Anderson noted that she was a non- voting member of Chugach Alaska Corporation.
Bencardino declared that Anderson had no conflict of interest with regards to this matter.
Sponsored by: Garzini and MjUh_y
CITY OF SEWARD, ALASKA
RESOLUTION NO. 27-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, RESCINDING RESOLUTION NO. 96-013 AND AUTHORIZING
THE CITY CLERK TO ISSUE TWO MOBILE VENDOR PERMITS IN THE
SMALL BOAT HARBOR PLAZA
WHEREAS, last spring the Council authorized three vendor sites in the Small Boat Harbor
and instructed the City Clerk to award the sites to vendor applicants through a lottery system; and
WHEREAS, the three vendor permits were subsequently awarded without benefit of any
subjective review of the applications, and the resulting vendor applications were not, for the most
part, representative of the type of activity the administration or the Council wished to promote in the
harbor area; and
WHEREAS, two of the three vendors have submitted requests to operate in the harbor plaza
during the 1997 season, and these requests were forwarded to the harbormaster for review and
comment as provided in Resolution No. 96 -013; and
WHEREAS, Mr. Singleton has recommended that the City allow only mobile vendors to
operate in the harbor plaza if any vending is to be allowed at all, and he specifically objected to the
tent -like structures used by 2 of last year's vendors; and
WHEREAS, Ron Niebrugge (Hot Dog Express) and Cindy Ecklund (Cid Cafe), operated
the only mobile vending carts in the harbor plaza during the 1996 season; and
WHEREAS, it is the public interest to offer vending permits to these two vendors for the
1997 summer season; and
WHEREAS, it is in the public interest to suspend vending operations in the harbor plaza area
after the 1997 season until all planned harbor uplands renovations and expansions have been
completed and an assessment of the renovated area's suitability for such activity can be made;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. Resolution No. 96 -013 is hereby rescinded.
Section 2. The City Clerk is instructed to issue 1997 vendor permits to Ron Niebrugge and
Cindy Ecklund for operation of Hot Dog Express and Cle Cafe respectively in the harbor plaza area.
CITY OF SEWARD, ALASKA
RESOLUTION NO. 97-004
5gWQn 3. The City Council will consider a request to extend the small boat harbor vendor
permit as filed by Ralph Gross, Alaska Gold Nugget and Diamond Company, at a future meeting
following a presentation by Mr. Gross.
Section 4. No further vending activities will be allowed in the harbor plaza area until
planned uplands renovations and expansions have been completed and the plaza and boardwalk area
can be assessed with regards to their suitability for such activities.
Stdon S. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 13th
day of January, 1997.
THE CITY OF SEWARD, ALASKA
—<l-,",ouiS A encar mo, Mayor
AYES: Anderson, Bencardino, Blatchford, Clark, Crane, Keil, King
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
k-j -)
City of Seward, Alaska Planning Cornmw ion Minutes
Febmary 6, 2001 Volume 5, Pa e165
Motion Passed
Five minute recess starting at 8:48.
Yes: Darling, Larson, Hohl, Smith, Niebrugge
No: Martin, Griswold
Review of two separate requests from Randy McFarland and Bonnie Gill to
operate transient food vendors on city property in the Small Boat Harbor area
James stated that this review was initiated by requests from two potential venders that would
like to set up business in the Harbor Plaza area. She revealed that others had made similar requests
in the past, but had not submitted their requests in writing_ James reviewed the City Code that
authorized vendors to operate on public property if the policies and procedures were approved by
City Council; and the 1996 Resolution that allowed vendors to operate in the Harbor Plaza that was
later rescinded. James shared the feedback the administration had received from the Harbormaster
and the Fire Chief. The administration's recommendation was to specify policies and procedures and
submit a request for proposals to allow other vendors to submit applications. She stated that at most
two vendors should be allowed in the Harbor Plaza area and one at the Adams Street property. In
response to a question from Niebrugge, James stated that vendors were allowed on private property
leased from the City. In response to a question from Smith, James stated that transient vendors
would be a cart type vender that would stay in one location. Their cart would have to be removed
at the end of each day. James clarified that the City Code allowed for transient merchants on private
property in the Harbor Commercial and the Central Business Districts.
Notice of the public hearing as posted and published as required by law was noted, and the
public hearing was opened.
Pat Sterling, Seward Small Boat Harbor, spoke in support of venders as long as they were
not selling items that were in direct competition with an established business in the same area.
Randy McFarland, Mile 6.5, stated that he submitted a request and included the sidewalk
vender ordinance that Anchorage had in place, He felt Seward's Harbor would be a great place to
do business and that his set up would be clean and attractive. McFarland stated that if there was an
issue with garbage disposal he would be happy to pay for the service. He clarified that he would
create 2 -3 jobs, put tax dollars into the community and would only be open 3 to 4 days per week.
Ed Glotfelty, 1006 2nd Ave, stated that he was the owner of the Harbor Bakery. He spoke
in support of allowing transient merchants in the harbor.
Bonnie Gill, 510 6' Avenue, displayed a picture of the hot dog stand she planned to operate.
She stated that mobile vendors would add a point of interest to the harbor, which would actually
bring everyone more business. She stated she would provide a wholesome product at an affordable
price.
City of Seward, Alaska Planning Commission Minutes
_.
February6,2001 Volume 5, Pa e166
Pat Sterling, added that concerns about McFarland's propane tanks were unfounded, and that
he would like to see venders in the campgrounds,
No one else requested to be heard and the public hearing was closed.
Original motion was clarified after Commission discussion with the following motion.
Motion(Hohl/Smith) Recommending that the City Council
approve the concept of transient venders on
City property, and if approved, then these
policies and procedures shall be developed
by the Planning and Zoning Commission
and referred back to City Council for final
approval.
Larson stated that she would like to see tasteful vendor stations.
Griswold stated that these venders could be located on private property. She expressed the
feelings of a citizen that felt that the Harbor Plaza should remain non - commercial. Griswold stated
that this was a very crowed area with the bus loading/unloading, She responded favorably to the idea
of venders in the campground areas.
Smith supported the idea of venders, but wanted to see them well controlled.
Hohl stated that she had concerns with venders at the 4'" and Adams property. She
highlighted Anchorage's requirement that venders could not be within 50 feet of a competing store.
She recommended a fee and was leery of multiple sites.
Darling stated that originally he was going to state a conflict of interest, but felt he could be
objective. He stated that these venders make money and if allowed, should pay a large fee to the
City.
Niebrugge stated that he originally did not support this idea in 1995. He stated that while
these two venders might do a good job, the last time around there was a vendor that was always
pushing the envelope of the rules. He emphasized the fact that the venders would be making a large
investment and he also noted that the most complaints they have about transient vendors were on
private property,
Larson stated that for this to be successful there must be teeth behind the policies and
procedures, She requested a work session on the requirements_
Smith stated that the vendors that were allowed should have multi -year leases that were
reviewed for compliance each year.
5�j
City of Seward, Alaska Planning Commission Minutes
February 6, 2001 Volume 5, Pa elO
Niebrugge did not support the lottery system that was used previously and recommended that
there be review criteria established for selecting the vendors.
Motion Passed
Unanimous
Preliminary Plat Review of Fourth of July Creek Subdivision, Seward Marine
Industrial Center, Cook Inlet Processing Replat
James reminded the Commission that this relocation of Morris Avenue and Sorrel Road was
the direction they had supported following the field trip to the site last September, in order to address
traffic safety issues that currently exist with traffic traveling through the Cook Inlet Processing work
area. She reviewed the current situation and issues. James then listed the conditions the City would
require before additional land was leased. In response to a question from Hohl, James stated that the
recommended road easement width was 40 feet because utilities were covered under other required
easements. In response to questions from Griswold, James stated that the first and second turns
would each have stop signs_ James stated that there were signs as you entered the area that this was
not a public road.
Notice of the public hearing as posted and published as required by law was noted, and the
public hearing was opened. No one else requested to be heard and the public hearing was closed.
Motion (La rson/Smith) Approve Resolution 2001 -04,
Hohl stated concerns with not requiring a 60 foot right -of -way.
James clarified that the pavement portion of the road would remain the same amount.
Smith felt the travel lift easement should remain the same because the travel lift was harder
to control then the vehicles on the road.
James stated that this was not a perfect solution, but was the best solution for the current
situation.
Motion Passed
Unanimous
Preliminary Plat Review of Fourth of July Creek Subdivision No 2, Anderson
Replat
James stated that the administration had received this plat from Cline and Associates. She
reminded the Commission that this parcel of land was authorized for sale by Council. James clarified
Planning and Zoning's role to review the plat against the city zoning and subdivision requirements.
She stated that the administration recommended approval by the Kenai Peninsula Borough subject
to restrictions. It was noted clearly on the plat that this property was not served by city water or
sewer. In response to Griswold, James stated that the consistency checklist referred to the technical
55
l
f itv of ,Sward, Alaska Port and C Lmonerce Advisory Board Minwes
February 7. 3001 Volume 3, Puge 176
Transient Vendors in the Harbor Wille, with board agreement, opened the subject of
transient vendors in the harbor for public input.
Bonnie Gill, 510 6th Avenue, Seward, spoke before the board saying that the previous
night she and McFarland had gone before the Planning and Zoning Commission. Gill showed a
picture of her proposed cart. She said that she thought that it would attract people and
enhance the harbor area.
Randy McFarland, Mile 6.5, has a similar proposal for a kettle popcorn cart. He said he
operates his business in Anchorage at the Fur Rendezvous, Special Olympics, etc. and stressed
how hard it is to do business in this town.
Carl Hughes, Aurora Charters, Seward Boat Harbor, spoke against allowing transient
vendors in the harbor area referring to previous vendors from a couple of years ago and how
unsuccessful that was. Hughes said as a leaseholder on the boardwalk, he felt it was not a level
playing field allowing vendors to do business when he and the other leaseholders had to comply
with rules, pay substantial lease payments, and invest in permanent buildings. He said in the
harbor's master plan was adopted as a guideline and it did not include transient vendors.
Beckham talked about the already congested harbor plaza area, especially when
busloads of people offload by the harbormaster building and plaza. In answer to Altermatt,
Beckham said that he contacted all of the leaseholders in the area, namely Saltwater, The Fish
House, Scoby, KFT, Major Marine, etc. and most did not want the transient vendors In the
harbor. He had thought they would be at the meeting. Following this discussion, it was moved
by Kasischke, seconded by Altermatt and passed with two dissenting votes from Wille and Pruitt
to recommend to council to allow transient vendors in the harbor area.
Tour of Seward Coal Terminal scheduled for noon on- February 14, 2001. Board
members will meet at the terminal. Wille added that the tour of the Quetecak Shellfish
Hatchery was very interesting and have a fantastic facility. He said if that the economic
problems are solved, the hatchery and farmers would benefit greatly. He said the Hatchery was
going to provide a fact sheet for the board members who were not able to attend.
CORRESPONDENCE, INFORMATIONAL. ITEMS AND REPORTS
Tryck, Nyman, Hayes, Inc. resident engineer weekly reports, January 14, 21, and 28,
2001, noted for information only.
Seward Harbor Long Term Plan and Funding 2001, prepared by Harbormaster Beckham,
noted for information only.
January 2001, Zones Report, regarding Foreign Trade Zones, noted for information only.
December 2000, AK Industrial Development and Export Authority regarding the
Ketchikan shipyard, for information only.
January 16, 2001, NPFM News and Notes, for information only.
BOARD COMMENTS
Kasischke thanked Harbormaster Beckham for providing information regarding the
North Harbor Renovation. He said it helps to have information to dispel rumors.
City of Seward, Alaska City Council Minutes
February 26 2001 Volume 35 Pa a 384
in the two times per year when an important topic brought in a crowd. She supported the idea of
Seward having a Superior Court.
Motion Failed,
Other New Business Items
Transient Vendors on City Property.
Yes: Clark, King, Orr
No: Blatchford, Brossow, Shafer
Janke stated that two proposals had been submitted from vendors who wished to operate on
City property. These requests had been reviewed by the Planning and Zoning Commission and
PACAB. He clarified that if Council supported the idea of transient vendors on public property this
issue would be referred back to Planning and Zoning for policies and procedures.
Motion (Clark/Brossow) Council support the concept of Transient
Vendors on City Land in the Harbor and
the 4th and Adams Street Park and refer
this issue to the Planning and Zoning Com-
mission to develop policies and procedures
for Council consideration.
Orr questioned why privately owned or leased land was not being emphasizes as a better
alternative.
Janke clarified the administration's plan to limit vendors to two in the harbor and one in the
park, Janke stated the Planning and Zoning Commission would develop policies and procedures and
send them back to Council for final approval.
Rachel James, Planner, stated that the City Manager would have to sign off on any sub -lease
agreement. She outlined the intention of the Planning and Zoning Commission to first insure Council
approval for transient vendors prior to devoting a great amount of time and energy to develop
policies and procedures.
Clark stated that as Planning and Zoning Commission liaison he could assure the Council that
Planning and Zoning would hold extensive discussions prior to having policies and procedures return
to Council.
In response to a question from Shafer, Janke stated that it was unlikely there would be
transient vendors in the harbor before the peak of the summer season_ He emphasized that this
process might seem slow, but it was a realistic schedule to give the public the opportunity to have
input.
Motion passed.
Yes: Blatchford, Brossow, Clark,
King, Shafer
No: Orr
4
City of Seward, Alaska Planning Commission Minutes
May 2, 2001 Volume 5, f eg 189
Unfinished Business
Review of draft policy and procedures for permitting vendors on City property.
James reviewed the commission's work onestablishing policies and procedures for permitting
vendors on City property.
Sterling voiced concern on the size of the area being considered.
The Commission discussed size and coverage area of vendor sites.
New Business - None
Informational Items and Reports
U.S. Army Corp of Engineers Notice of Application for Permit for North Forest
Acres Levee/Road.
Janke reported that this project was fully funded and engineered, and was now going through
the permitting process.
Hohl expressed concern that project was not presented to the Forest Acres property owners
before being finalized. She asked if there were minutes from the community meetings.
Janke stated that Steve Homan, Special Project Engineer, would update the Comrnission on
the project status at the next meeting.
Pending P &Z Commission Agenda Items
James reported the P &Z Agenda Items had been updated and re- prioritized based on the
discussion from the last work session.
Commission Comments
Sterling thanked everyone for the hard work tonight, also thanked Denise Hawks for
attending. He would like the process of permitting vendors on City property moved along.
Hohl requested that Commission work sessions and site visits be included on the calendar.
Smith stated he hoped to hear comments from the audience on the issue of vendors on City
property.
Keil commented that the Jesse Lee Home legislation was waiting for action by the Senate
Finance Committee.
6�
City ofSewafd Plajzr"r4, r Commission Minules
Febnwy 5, 29002 1/olume .5, Page 259
Commission meeting, however she noted at the January 28, 2002 meeting a portion of Bear Lake
Drive had be vacated in exchange for other properties to bringing the existing Bear Lake Road into
the right -of -way. She noted the items reviewed that affected Seward were; The Sterling Highway,
Skilak Road update; the fuel spill at Cooper Landing; and the multi - agency building for the National
Park Service and Forest Service in Seward.
Citizens' Comments on Agenda Items Not Scheduled for Public Hearing and Items Other Than
Those on the Agenda - None
Approval of Agenda and Consent Agenda
Motion (Larson/Rook)
Motion Passed
Approve the Agenda and Consent Agenda
Unanimous Consent
The Chair noted the January 8, 2002 minutes were approved, as written and the information
items on the Audio Conference Program and the Planning Commissioner Training Seminar were
included on the Consent Agenda.
Public Hearing - None
Unfinished Business
Resolution 2002 -06 providing a recommendation to the City Council regarding
policies and procedures for permitting vendors on city-owned property
Janke reviewed the history of the request for vendor carts on City property, noting that the
administration and the Commission had reviewed the issue at previous Planning and Zoning meetings,
including a site visit to the proposed area and at several work sessions. He noted that the proposed
Policy and Procedures were included in the Commission packet to be reviewed and forwarded to City
Council by Resolution 2002 -06.
Keil noted she would support the Policy and Procedures be applied to all vendor carts within
the City both on pubic and private property. Janke noted the current Resolution only addressed the
vendors on City owned property.
Request to suspend the rules.
Swearing In of New Commissioner
City Clerk, Pat Reilly administered the Oath of Office to new Commissioner Jean Lewis.
Lewis took her seat at the dais.
Motion (Larson/Hoh4 Approve Resolution 2002 -06
Plaming 07irIMISsIOD M-ulas
al -V o/,*Wdirl Volumes, 1"w260
to �S, 200E y pp vendor carts
Randy McFarland, Mile 6.5 Seward H' wa , spoke in Support of allowing
on City property. He requested the Commission create a provision in the Policy and Procedures to
allow the applicants time to apply for the 2002 season if the City Council approves the Policy and
Procedures. He also requested the Commission change the time limits of the license to allow a
vendor that had a license the opportunity to setup and operate on the site during special events in the
off - season.
In response to Keil, Janke stated that this proposal would apply only to City owned property,
and did not apply to any property leased from the City. He noted that the current proposal addressed
only one specific location in the plaza of the small boat harbor.
Hohl stated that Resolution 2002 -06 recommended vendors only on one specific location and
the Policy and Procedures would regulate vendors on any city-owned property. She stated the
Council at any time could approve other sites and suggested the policies be changed to require any
proposal of possible future sites cone before the Planning and Zoning Commission for review.
In response to Larson, Janke stated the City currently did not have an enforcement officer.
Larson stated she supported a procedure for enforcement of violations.
Motion (HohllSmith) Amend, Policies and Procedures,
Designation of Vender Sites by inserting
following the words "shall be reviewed
and recommended by the Planning and
Zoning Commission and ".
Motion Passed
Unanimous
Commission discussed notice and revocations for violations of the Polices and Procedures.
Motion (Larson/Keil) Amend, Policies and Procedures by adding
notice of violations shall be put in written
form and vendor will have forty -eight (48)
hours to remedy said violation.
Commission requested that the revocation and due process provisions for violations be
reviewed by the City legal staff before the Policy and Procedures were presented to City Council for
adoption.
Motion Passed
Unanimous
Commission discussed the option of special events permit.
The Commission discussed the use during special events in the off - season. It was noted
that the City currently had special events permits that were available at a minimal cost.
city' ol'ScmxZ1 Plwillirig Cbrrunission Minutes
Fchmyvi, 2002 i %olulrre 5, Ai,4w 261
Kell stated she did not support having a vender on the Harbor si to during the off - season. She
noted that snow removal and additional costs to accommodate a vendor would be the responsibility
of the City. She supported the recommendations as stated, noting that an amendment could be added
if needed at a later date.
Motion (Larson /Rook) Amend Resolution 2002 -06 by adding a
Section 5 "The 2002 application period
would be extended forty-five (45) days after
the adoption by City Council of the Policy
and Procedures."
Larson noted that time would not allow the 2002 application period to be met without
extending the application period for the 2002 deadline.
Motion Passed
Unanimous
Motion (Larson/Hohl) Amend, Policies and Procedures,
Equipment and Development Requirements,
Section 2, end of first sentence, by adding
"or advertising ".
Larson stated she would not want an umbrella with advertising on it.
Motion Passed
Unanimous
In response to Hohl, Janke stated that if a vendor required electric power, the vendor would
incur the cost. He stated the vender would have to apply and receive service just like any other
customer of the City.
Vote on Main Motion, as Amended
Motion Passed
New Business
Unanimous
Review of a proposed use to grow medicinal mushrooms in the Office
Residential Zoning District
Janke reviewed the Office Residential Zoning District stating the proposed use to grow
medicinal mushrooms was not specifically identified in the Land Uses Allowed Table. He further
stated the Unlisted Uses portion of the City Zoning Code stated that unlisted uses may be allowed
upon written decision by the commission provided that each unlisted use meets all of the following
conditions:
1. The use is not specifically permitted in any other district. Janke continued by
stating that the proposed use was not permitted in any other district.
2. The use is not more appropriate in another district. Janke stated that similar
uses were allowed in the Auto Commercial, Industrial and Resource
Management districts, but not specifically the growing of mushrooms.
01
Sponsored by: Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2002-06
RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMIS-
SION, PROVIDING A RECOMMENDATION TO THE CITY COUNCIL
REGARDING POLICIES AND PROCEDURES FOR PERMITTING
VENDORS ON CITY -OWNED PROPERTY, AND IDENTIFYING ONE
VENDOR SITE IN THE HARBOR PLAZA
WHEREAS, last year the City received two written requests from individuals interested in
operating food vendors on city property in the Small Boat Harbor area; and
WHEREAS, the Planning and Zoning Commission, Port and Commerce Advisory Board and
the City Council supported the concept of allowing vendors on city -owned property; and
WHEREAS, Seward City Code 8.10.015 states that the City Council shall establish through
resolution the policy and procedures to be utilized and the fees to be charged by the City when
evaluating whether to permit transient merchants (vendors) on property owned or controlled by the
City of Seward; and
WHEREAS, the City Council referred the issue back to the Planning and Zoning Commission
to develop policies and procedures for Council consideration; and
WHEREAS; the Planning and Zoning Commission drafted and reviewed vendor policies and
procedures, and visited the Harbor Plaza to identify possible vendor sites, and
WHEREAS, the Commission has specifically requested that the vendor policies contain
strong provisions for enforcement of vendor noncompliance, and ensure that the city has the right to
revoke the permit if the policies and procedures are not adhered to
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Commission recommends the attached policies and procedures for permitting
vendors on city -owned property to the City Council for consideration.
Section 2. The Commission further recommends that only one vendor site be allowed in the
northeast corner of the Harbor Plaza, outside of the brick compass inlay and the pedestrian/fire access
lane located west of the boardwalk buildings. The recommended vendor site is further identified on
the attached map.
Seward Planning and Zoning Commission
Resolution No. 2002 -06
Section 3. The Commission does not recommend permitting any vendors on the 4th and
Adams Park property.
Section 4. This resolution shall take effect immediately upon its adoption.
Section 5. The Commission recommends that the 2002 application period be extended to
forty five (45) days after adoption of Policy and Procedures by City Council.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of
February 2002.
THE CITY OF SEWARD, ALASKA
==Mm M
AYES: Rook, Lewis, Hohl, Keil, Larson, Smith
NOES: None
ABSENT: Griswold
ABSTAIN: None
ATTEST:
Patrick Reilly,
City Clerk
(City Seal)
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CITY OF SEWARD
PUBLIC VENDOR POLICIES AND PROCEDURES
INTENT. These policies and procedures are developed in accordance with Seward City
Code 8.10.015 and shall be used by the city administration to permit and regulate vendors
on specific public property that the City Council identifies as available for vendors.
DESIGNATION OF VENDOR SITES. Approved Public Vendor Sites on city -owned
property shall be established by City Council Resolution in accordance with SCC
8.10.015.
APPLICATION FOR VENDOR LICENSE. The City Clerk shall issue a request for
proposals for approved and available public vendor sites. Applications for an approved
public vendor site must be filed with the City Clerk by March 15 of the requested year,
and must include the following:
1. A non - refundable filing fee of $100.00;
2. A complete description and photograph of the equipment to be used;
3. A complete description of the types of goods and services that shall be
offered;
4. A description of the logistics of the day to day operation including how
the vendor intends to ingress /egress the property, address the local
inclement weather, meet all of the requirements of the policies and
procedures, and estimated time for loading and unloading the operation;
and
5. Bid for the vendor site. Minimum bid for a public vendor site shall be
$500.00.
VENDOR REVIEW COMMITTEE. A vendor review committee shall be established
to review and evaluate applications for established public vendor sites. The committee
shall consist of the following:
1. one (1) business association representative;
2. one (1) Planning and Zoning Commissioner;
3. three (3) city staff (i.e. fire, police, harbormaster) designated by the City
Manager; and
4. one (1) citizen selected by the Mayor (preferably individual with vending
experience).
REVIEW OF VENDOR APPLICATIONS.
A. Vendor applications shall be reviewed by the Vendor Review Committee based
on the following criteria:
1. Conformance with city code and applicable policies and procedures;
2. Completeness of application;
3. Value/need of the proposed product to the area. Vendors proposing to sell
products not already offered by existing businesses will be scored higher
than those that will compete with existing businesses in the area that
traditionally sells the same goods or services that may be offered on the
site;
4. Quality and appearance of the vendor cart or stand; and
5. Highest bid for the vendor site.
B. The Vendor Review Committee, with concurrence of the City Manager, may
refuse any and all applications for a vendor site upon determination that none of
the applications meet the review criteria.
VENDOR LICENSE.
A. Upon selection of a vendor site applicant by the Vendor Review Committee, a
vendor license shall be issued by the City Clerk when all of the following have
been provided by the applicant:
1. Proof that the applicant has obtained a State of Alaska and City of Seward
business license;
2. Kenai Peninsula Borough sales tax registration certificate;
3. Health permits required for the preparation and sale of food or beverages;
4. Any additional licenses required by local, state or federal law;
5. Payment of the vendor site fee offered in the application; and
6. Proof of required insurance.
B. If the required information is not provided to the City Clerk within 30 days of the
notice of award, the applicant forfeits the vendor site, and the Vendor Selection
Committee may award the site to another applicant.
C. An approved vendor license will be subject to the following:
1. Issued for the period of May 15 through September 15 annually.
2. Permits will be for one year with an option for two one year extensions
subject to the vendor remaining in compliance with the policies and
procedures.
3. Shall not be assigned or transferred.
4. Must be displayed at the permitted site.
5. May be revoked for any of the following: i) violation of any approved policy;
ii) upon determination that the vendor operation is causing a hazard or is a
significant disruption of pedestrian or vehicular traffic; iv) the area affected by
the permit is required for public purpose; or v) for other cause identified by
the City Manager.
INSURANCE REQUIRED. Selected applicants must obtain at least one million dollars
of public liability insurance naming the City of Seward as an additional insured. Prior to
being issued a vendor license, an applicant must provide the city with a broker's
certificate of insurance including provision for 30 day notification to the City of Seward
if the policy is modified, canceled or terminated. Every policy of insurance offered shall
be acceptable only if it is approved by the municipal risk manager.
EQUIPMENT AND DEVELOPMENT REQUIREMENTS. Only the following
equipment may be brought to a vendor site for use in connection with the business
operated there:
A stand or cart which:
a. In total is no larger than four feet wide, ten feet long and eight feet tall,
including all equipment, except for a litter receptacle, stool and ice
chest to be provided by the vendor;
b. Includes interior space for concealed storage of all inventory, supplies,
equipment and other materials brought to the vendor site in connection
with the business conducted there; and
C. Must be readily movable by the vendor.
2. An umbrella may be used in connection with a stand or cart to protect
merchandise from weather, but not to display merchandise. The umbrella shall
not exceed ten (I0) feet in diameter when opened and ten feet in height. If a ten
foot diameter umbrella is used, the umbrella shall be placed in the middle of the
stand or cart. Tarping or tenting above the stand or cart is not allowed.
3. A table used as a stand, or as part of a stand shall be completely covered with a
clean, solid- colored material which extends to the ground on all sides, and is
securely skirted to the ground so as to conceal storage and the table legs.
4. Clear plastic sheeting may be used to protect merchandise at the vendor site from
inclement weather. Colored tarps or other covering for this purpose are not
allowed.
STANDARDS OF OPERATION.
1. Permitted hours of operation shall be from 6 a.m. to 11 p.m. A vendor shall not
place any equipment on the vendor site or otherwise engage in the business
authorized by the permit between the hours of 11 p.m. and 6 a.m.
2. The vendor shall remove all goods and equipment from the vendor site at the end
of each business day.
3. The vendor shall maintain the vendor site, and a 25 foot radius around the site free
of litter at all times. Each vendor shall provide a receptacle for all waste material
generated by the vending business. The vendor may dispose of all trash generated
at the vendor site in the closest city dumpster. The vendor may not dispose of
trash or other waste on private property without the express permission of the
property owner.
4. A vendor may not leave the vending equipment or merchandise unattended at any
time.
5. A vendor shall not sell anything other than that which the vendor is licensed to
sell.
6. The use of a generator, loudspeaker system, radio, bull horn, or other devise to
attract attention, and extension cords outside the vendor site are not allowed.
7. A vendor shall ensure that persons waiting to make purchases at the vendor site
queue up in single -file and in such a manner as to create the least obstruction to
pedestrian traffic.
8. Food vendors shall place a nonporous material on the sidewalk beneath the stand
or cart and in such a manner as to prevent spillage from the cart, stains, or other
damage to the area around the stand. Acceptable materials include artificial turf,
grass mats, or indoor /outdoor carpeting.
9. Storage areas may not be visible to the public.
14. Cardboard boxes are not allowed for display of merchandise.
11. Advertising and other signage shall be limited to the name of the vendor or items
sold and a listing of items sold and the price.
12. A vendor shall not engage in hawking.
13. Vendors on city property shall conform to all applicable federal, state, and local
laws and requirements.
f
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INSPECTIONS AND LICENSE REVOCATION
A. The City Manager or his designee may, during the normal working hours of a
vending business permitted under these provisions, inspect the business for the purpose
of determining whether the licensee is conducting the business in accordance with the
specific requirements of these policies and procedures and City Code.
B. The City Manager, or his designee, may, upon a determination that the licensee is
in noncompliance with the adopted policies and procedures for vendors on city property
revoke the license.
Meeting Date:
Through:
From:
Agenda Item:
P &Z Agenda Statement
February 5, 2002
Scott Janke, City Manager
Rachel James, Planner
Policies & Procedures for
Harbor Plaza
acas��
Permitting Vendors on City Property in the
BACKGROUND & JUSTIFICATION:
Last year, in response to two written requests from individuals interested in operating food
vendors on city property in the Small Boat Harbor area, the P &Z Commission and the Port and
Commerce Advisory Board both supported the concept of allowing vendors on City property. The
City Council also supported the concept, and referred the issue back to the P &Z Commission to
develop policies and procedures for Council consideration.
City Code states that the City Council shall establish through resolution the policy and procedures to
be utilized and the fees to charged by the City when evaluating whether to permit transient merchants
on property owned or controlled by the City.
The Commission drafted vendor policies and procedures at its March work session, visited the
area to identify possible vendor sites in May, and further discussed the draft policies and
procedures at a regular meeting. The Commission further discussed allowing vendors on city
property at its last work session in January, and directed the administration to provide the policies
and procedures at the February meeting to be recommended to the City Council.
After visiting the Harbor plaza the commission determined that there was only enough space in the
Harbor Plaza for a single vendor in the northeast corner of the plaza. The Commission concurred
that the vendor site should be located outside of the brick compass inlay and outside of the
pedestrian/fire access lane located in front (west) of the boardwalk buildings.
The Commission has not specifically addressed a vendor site on the 0 & Adams Park property.
Until the park is developed it is not possible to identify a specific site, and if the property is
rezoned to Park, as has been discussed, the Zoning Code would not allow any vendors on the
property. Also, allowing a vendor site in the downtown park may not be supported by the owners
of vacant downtown buildings, and the Downtown Business Association.
Throughout the Commission's discussions on vendors the following concerns were raised:
1. The administration's ability to enforce the vendor regulations because vendors have a
history of being more of a nuisance than a positive addition to the area;
2. The administrative costs associated with permitting and regulating a single vendor on city
property may far exceed the rent the city receives from the vendor site. The Commission
I-e`
recommended that the minimum bid for a vendor site include the city administrative
expenses; and
3. Permitting vendor(s) on city property is not a priority for the Commission or the City.
It should also be emphasized that the Harbormaster strongly objects to allowing transient vendors
in the harbor area for the following reasons:
• Mobile vendors due not provide the capital investment in resources and infrastructure that
other businesses have made;
• Lack of space in the harbor for additional commercial activities;
• Lack of facilities to support the vendors and they do not pay garbage or electric fees;
• Existing vehicular and pedestrian congestion. The bus passenger load /unload area is
adjacent to the harbor plaza.
History of Vendors on Cily Property
In 1996, Council approved Resolution 96 -013 (attached), which established a policy to allow three
vendor sites in the harbor area through a RFP and lottery conducted by the City Clerk's Office. Two
sites were in the plaza and one between the Landing and Ray's Restaurant. After one season, the City
Council approved Resolution 97 -004 (attached) which rescinded that process, and authorized two
vendor permits for operation in the harbor plaza area during the 1997 season.
Council objected to the 1996 vendors because they were awarded the sites without the city having the
opportunity to review the applications. The result was that some of the vendors were not
representative of the type of activity the administration or Council wanted to promote in the harbor
area.
Resolution 97 -004 also stipulated that after the 1997 season no further vending activities would be
allowed in the harbor plaza area until the planned upland renovations and expansions were completed,
and the plaza and boardwalk area could be assessed with regards to their suitability for such activities.
Since then the Harbor upland renovations in this area have included expansion of the small
boardwalk lease sites, extension of utilities to the boardwalk sites, reconstruction of the boardwalk
buildings and boardwalk, and renovation of the harbor pedestrian plaza.
Consistency Checklist: Yes No NA
1. Comprehensive Plan (1990) ____ X
States that street vendors from other parts of the state are operating in Seward during the summer
which hurts local businesses and creates unsightly public nuisances in some locations.
2. Strategic Plan (1999) X
RECOMMENDATION:
Commission approve Resolution 2002 -06, recommending policies and procedures for permitting
vendors on city property, and further recommending that the City Council authorize one vendor
site in the Harbor Plaza.
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March 16, 2001
Dear City Manager /Mayor /Council members:
I have been watching some of our council meetings from the comfort
of my home, and I see that we have two vendors applying for permits
to run independent stands down in our boat harbor area. My first
thoughts were; why after just renovating that area do we want to
crowd it up more with vendors? My second thought was; and why
would we want to enter into another contract of any sort with Randy
McFarland? But that aside, I thought, well it isn't really my
business.
Well, I went to Anchorage yesterday and saw what I believe to be
Mr. McFarlands' popcorn stand in action next to K -Mart. Now I am
more than convinced we should NOT put this in our boat harbor area.
The mess made by this stand was immense. There was popcorn
EVERYWHERE on the ground. Can you imagine the mess once you get
Seward's wind blowing this around, not to mention the attraction
our area gulls will have once they are onto free food?
For anyone of you that may not know me, I was raised here,
graduated from school here, raised and graduated children from
here, and always had a love and concern for our town. For all of
the above reasons I have stated, I request we do NOT enter into any
permanent contracts with vendors to do business in our boat harbor
plaza area. we finally got it cleaned up and looking nice, and if
these people want to do business down there, they can rent space
like everyone else.
Thank you for listening.
Sincerely,
can Lewis
Box 11
Seward, AK 99664
224 -3929
Akio
Harbor Business Association
Minutes from 13 February 2001
Deborah Alterman called the meeting to order about 8:35am. In attendance were:
Dean Kasischke
James Beckham
Louis Bencardino
Mary Tougas
Mark Clemans
Linne Bardarson
Jenifer Trautwein
Marianna Keil
Ed Glotfelty
Jim May
Matt Toccihene
Randy McFarland
Deborah Altermatt
The agenda was approved. The minutes from 23 January 2001 were accepted as read.
TreasureEjLRgRgqi There was no report today as Ron Long is in Juneau on City
business.
Introduction of Guests:
Marianna Keil was introduced to talk about the Centennial Celebration that Seward will
be celebrating in 2003. A steering committee meets the last Wednesday each month in
the Orca Room at 7pm. They are looking for ideas for the celebration, fund raising
events pre -event and volunteers to help organize and promote the year-long event.
August 28, 2003 is Founders Day and will be one date of focused activities. However,
the group would like the celebration to span the entire year. Contact Marianna to get
involved.
Other Reports:
As no one was in attendance from the City, Deborah presented a few updates on the
harbor renovation. Demolition is proceeding as scheduled and Anderson Tug & Barge is
in Seattle waiting to load and return to Seward with the materials. Deborah passed
around the last Port & Commerce Advisory Board packet, which includes weekly
engineer's report and the harbor schematic. Comments of concern regarding the non-
continuous float system between D &. E floats were made. Dean said that the docks are
suppose to be,,connected, but that the engineers have not provided that plan yet.
Some members responded that they were concerned about the impetus of what appears to
be sending foot traffic away from the south harbor businesses. Ed commented that the
parking plan schematic did not have the crosswalk from the middle parking lot across to
the Fish House. He and others thought that would not work as pedestrians would cross
there anyway. This concern needs to be brought to the City's attention.
Other reports included an update on the Chamber's Ad Hoc committee for marketing.
This group meets every Wednesday morning at 8:30 at the Breeze Restaurant. It is a
Chamber related group. Marianna mentioned that there will be a borough -wide
Economic Forum here in Seward on March 30a', sponsored by EDD. She encourages
local businesses and others who are interested in Seward's economic develop interests to
try to attend. Mary Tougas is also involved with this, and is available to answer
questions regarding this event.
The Chamber of Commerce Visitors Guide is available now for distribution.
Old Business
Marketing: No discussion today.
New Business
Vendors: There has been some recent discussion about issuing vendor permits for
transient merchants. Randy McFarland and Bonny Gill have both submitted requests to
the City for consideration. Deborah mentioned that both of these people had attended last
week's Port and Commerce Advisory Board to state their positions, and that it has
already gone through Planning and Zoning. The recent she put it on the agenda for today
was that Jim Beckham mentioned at PACAB that he had talked with a few of the harbor -
area businesses about this and didn't feel that those he had talked with were in favor of
vendors in the area. Deborah felt that the subject should be thrown out to the HBA's
membership for discussion. She mentioned that she had talked with a few member who
would be absent today. Both Judy A. and Jack Scoby had contacted her yesterday and
wanted her to present their opinion of being against vendor permits. Jack talked about
the big investments that permanent businesses had made vs. the small investment that the
vendors would make. He didn't feel that there would be adequate level of investment.
Mark Clemens picked up the discussion here and thought this would be a concern, as
well. However, he didn't feel that he wanted to completely reject the idea. Ed Glotfelty
said that he had attended the Planning and Zoning meeting, at first with definite ideas
against the vendor idea, but after he heard the arguments/discussions, felt that it might be
a good thing for the harbor. The idea of having more activity, if done attractively and
well, might simply bring more people to the area, and at least be good PR that good
things are happening in Seward. Randy McFarland was given an opportunity to speak
and said that he would like to work in Seward, since he lived here. He said he would be
willing to work cooperatively with the City to make this go well.
After some further discussion, both pro and con, the group took a vote to write a letter of
consideration to submit to the City Manager. This passed unanimously. In this letter,
thoughts would reflect the groups concerns for it not working well, as well as ideas for
supporting the concept. Deborah said that she would write the letter, submit it for HBA
approval and then give it to the City Manager before the matter comes up before Council.
2001 Dues: Deborah passed out 2001 membership applications and asked member to
complete them and return them with the $75 annual fee. Members may give them to
Deborah at Sailing, Inc. or mail them into: HBA; PO Box 3034; Seward 99664.
Next meeting: 27 February 2001; 8:30am; Sailing, Inc.
The meeting was adjourned at 9:35am.
1, fs I q .
City of Seward, Alaska City Council Minutes
April 22, 2002 Volume, Page 6 31
Resolution 2002.040, authorizing the City Manager to award a contract to Resurrection Rentals for
portable toilet services.
Resolution 2002 -041, supporting the Our Kids Count Rally on April 24, 2002.
Resolution 2002 -044, supporting the recertification of the Prince William Sound Regional Citizens'
Advisory Council as the alternative voluntary advisory group for Prince William Sound.
Resolution 2002 -045, authorizing the City Manager to accept a grant in the amount of $19,264.44
from the Alaska Highway Safety Office for bicycle safety and police bicycle patrol, appropriating
$4,338.20 from the general fund and authorizing expenditures totaling $23,602.64 in the Bike
Safety 2002 Fund.
City Council March 11, 25, and April 8 and April 13 meeting minutes.
Appointing Christy Terry as Acting City Clerk starting May 2.
Public hearings. None.
Unfinished business -- Approved under consent agenda.
New business
Resolution 2002 -039, establishing vendor policies and procedures and establishing one vendor
site on city property in the Harbor Plaza.
Motion (BrossowlBlatchford) Approve Resolution 2002 -039
Janke reminded the Council that they had directed the Planning and Zoning Commission to
make a recommendation back to Council on this issue. He noted that if adopted, this resolution
would establish policies and procedures and allow one vendor site in the Harbor Plaza. In response
to Clark, Janke stated that Planning and Zoning had developed the minimum amount for the vendors
to bid, but that it did not come close to an estimate of the price of staff time. He noted it was hard to
judge how much time would be needed to enforce the policies that were established.
In response to Clark, Planner Rachel James verified that the vendor carts had to be totally
free standing and could not hook into electricity with an extension cord.
Shafer stated she would vote against the resolution because of the surrounding business
owners` major investment in their physical location. She noted that the vendors would only have to
invest the minimum bid of $500.
There was no second to Clark's motion to amend the minimum bid amount to $1000.
City of Seward, Alaska City Council Minutes
April 22, 2002 Volume, Page 632
Motion failed. Yes: Brossow
No: Branson, Calhoon, Clark, Blatchford
Absent: Orr
Resolution 2002 -042, establishing the Hospital Economic Loss Protection Fund to finance
potential operating losses per amendment No. l to the lease and operating agreement between
the City of Seward and Providence Health System in Washington, and appropriating $250,000
from the General Fund Balance to the newly established Fund.
Motion (Clark/Brossow) Approve Resolution 2002 -042.
Janke stated the Council had approved Resolution 2002 -030 that amended the lease
agreement with Providence Health System in Washington and accepted financial responsibility up to
$250,000. He noted that when 2001 ended, there was approximately $288,000 not spent. This fund
was being created with that money.
Shafer asked for a ruling from the Chair if she had a conflict of interest since she
worked for the local branch of Providence Health System. The Mayor ruled that Shafer did have
a conflict of interest.
Motion approved.
Other New Business Items
Yes: Branson, Brossow, Calboon, Clark,
Blatchford
No: None
Absent: Orr
Abstain: Shafer
Rescheduling annual work session between the City Council and the Planning and Zoning
Commission to Monday, May 13, at 6:00 p.m.
The Council scheduled the Planning and Zoning work session for May 13`h and scheduled a
Special Meeting on April 29`h to evaluate the City Manager.
City Clerk recruitment: Establishing a work session schedule.
Clark asked the Council to schedule two Special Meetings: April 29`h to review Clerk
applications and then May 2" for interviewing the finalists. These meetings were scheduled
without objection.
Randy McFarland: Appeal of Administration's denial of Seward Small Boat Harbor boat slip.
-1 �-
Failed Sponsored by, Planning & Zoning Commission
' CITY OF SEWARD, ALASKA
RESOLUTION 2002 -039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD
ALASKA, ESTABLISHING POLICIES AND PROCEDURES F
PERMITTING VENDORS ON CITY -OWNED PROPERTY, ND
ESTABLISHING ONE VENDOR SITE IN THE HARBOR PLAZA
f
WHEREAS, each year the City receives numerous requests from indWiduals interested in
vending on city land, and last year the City received two written requests fro% individuals interested
in operating food vendors on city property in the Small Boat Harbor are , and
i
WHEREAS, Seward City Code 8.10.015 states that the City council shall establish through
resolution the policy and procedures to be utilized and the fees/to be charged by the City when
evaluating whether to permit transient merchants (vendors) on property owned or controlled by the
City of Seward; and A
WHEREAS, the Planning and Zoning Commis cm, Port and Commerce Advisory Board
and the City Council supported the concept of allowing vendors on city-owned property; and
WHEREAS, the City Council referre the issue back to the Planning and Zoning
Commission to develop policies and procedure for Council consideration; and
WHEREAS, at its February 5, 2002;meedng the Planning and Zoning Commission approved
Resolution 2002 -06 recommending the attached policies and procedures for permitting vendors on
city -owned property; and
WHEREAS, the Commission further recommended that only one vendor site be allowed in
the northeast corner of the Harbor Plaza, outside of the brick compass inlay and the pedestrian/fire
access lane, and west of the bodrdwalk buildings.
NOW, THEREFQRE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. iri b.rder to permit and regulate vendors on city -owned property in accordance with
Seward City Code' Section 8.10.0t5, the City Council hereby approves the Vendor Policies and
Procedures, attaglted and incorporated herein by reference as Exhibit A.
Section 2. The City Council hereby establishes one vendor site on aportion of Lot 16, Block
6, Seward Small Boat Harbor Subdivision. This site shall be located in the northeast corner of the
Harbor Plaza, outside of the brick compass inlay and the pedestrian/fire access lane, and is further
identifigd on the attached Exhibit B.
iSection 3. This resolution shall take effect immediately upon its adoption.
CITY OF SEWARD, ALASKA
RESOLUTION 2002 -039
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd
day of April, 2002.
THE CITY OF SEWARD, ALASKA
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Edgar Blatchford, Mayor
AYES:
Brossow
NOES:
Blatchford, Branson, Calhoon, Clark, Shafer
ABSENT:
Orr
ABSTAIN:
None
ATTEST:
Patrick Reilly
City Clerk
(City Seal)
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Council Agenda Statement
Meeting Date: April 22, 2002
Through: Scott Janke, City Manage
From: Rachel James, Planner
Agenda Item: Policies & Procedures for ermitting Seasonal Outdoor Vendors on City
Property in the Harbor Plaza
BACKGROUND & JUSTIFICATION
Each year the City receives numerous requests from individuals interested in vending on city land.
City Code ( §8.10.015) states that the City Council shall establish through resolution the policy and
procedures to be utilized and the fees to be charged by the City when evaluating whether to permit
transient merchants on property owned or controlled by the City.
In 1996, Council established a policy to allow three vendor sites in the harbor area through a RFP and
lottery conducted by the City Clerk's Office. Two sites were in the plaza and one between the
Landing and Ray's Restaurant. After one season, the City Council rescinded that process because
vendors were awarded the sites without the city having the opportunity to review the applications,
and resulted in vendors that did not meet any minimum standards of quality or appearance. Council
authorized two vendor permits in the harbor plaza for the 1997 season, and stipulated that after the
1997 season no further vending activities would be allowed in the harbor area until the planned
upland renovations and expansions were completed, and the plaza and boardwalk area could be
assessed with regards to their suitability for such activities. Since then the Harbor upland
renovations in this area have included expansion of the boardwalk lease sites, extension of utilities
to the boardwalk sites, reconstruction of the boardwalk buildings and boardwalk, and renovation
of the harbor pedestrian plaza.
Last year, in response to two written requests from individuals interested in operating food
rith vendors on city property in the Small Boat Harbor area, the Planning and Zoning Commission and
ind the Port and Commerce Advisory Board both supported the concept of allowing vendors on City
property. The City Council also supported the vendor concept, and referred the issue back to the
Planning and Zoning Commission to develop policies and procedures for Council consideration.
>ck In response, the Planning and Zoning Commission has prepared and recommended the attached
he vendor policies and procedures for Council consideration.
zer
The procedures establish that the City issue a request for proposals for approved vendor sites. All
proposals will require a $100.00 non - refundable filing fee, and a minimum bid of $500.00. A
committee will review and evaluate the vendor proposals based on the following criteria:
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1. conformance with city code and applicable policies and procedures;
2. completeness of application;
3. value/need of the proposed product to the area;
4. quality and appearance of the vendor cart or stand; and
5. highest bid for the vendor site.
After the committee selects a vendor, the City Clerk will issue a vendor license to the successful
bidder. Vendor sites will be limited to a stand or cart that is no larger than four feet wide by ten
feet long.
The Planning and Zoning Commission determined that there was only enough space in the Harbor
Plaza for a single vendor in the northeast corner of the plaza. The Commission has specifically
recommended that the site be located outside of the brick compass inlay and outside of the
pedestrian /fire access lane that runs along the west side of the boardwalk buildings. The
Commission recommended against permitting vendors on the Kawabe'Park property.
CONSISTENCY CHECKLIST Yes No NA
1. Comprehensive Plan (1990) — X
States that street vendors from other parts of the state are operating in Seward during the summer
which hurts permanent businesses and creates unsightly public nuisances in some locations.
2. Strategic Plan (1999) — x
FISCAL N TE
There will be administrative costs associated with implementing the proposed vendor policies and
procedures. The intent of the proposed $100.00 non - refundable filing fee, and minimum bid of
$500.00 is to cover the administrative costs associated with permitting and regulating the vendor site.
Finance Approval `` d
RECOIy NDI ATION:
Council take action on Resolution 2002 -039, establishing policies and procedures for permitting
vendors on city property, and authorizing one vendor site in the Harbor Plaza.
L)
1
CITY OF SEWARD
VENDOR POLICIES AND PROCEDURES
INTENT.
For purposes of these policies and procedures, the term vendor shall mean
transient merchant as defined in Seward City Code 15.10.140. These policies and
J1 ,k procedures are developed in accordance with Seward City Code 8.10.015 and shall be
;n used by the city administration to permit and regulate vendors on specific city -owned
property that the City Council identifies as available for vendors.
n DESIGNATION OF VENDOR SITES.
Y Approved Vendor Sites on city -owned property shall be reviewed and
e
recommended by the Planning and Zoning Commission and established by City Council
e
Resolution in accordance with Seward City Cade Section 8.10.013.
APPLICATION FOR VENDOR LICENSE.
r The City Manager, or a designee, shall issue a request for proposals for approved
and available vendor sites. Applications for an approved vendor site must be filed with
1 the City Clerk by March 15 of the requested year, and must include the following:
1. A non - refundable filing fee of $100.00;
2. A complete description and photograph of the equipment to be used;
3. A complete description of the types of goods and services that sha e
i offered consistent with the Seward Zoning Code, Land Uses Allowed
f Table;
4. A description of the logistics of the day to day operation including how
the vendor intends to ingress/egress the property, address the local
inclement weather, meet all of the requirements of the policies and
procedures, and estimated time for loading and unloading the operation;
?'z and
=i 5. Bid for the vendor site. Minimum bid for a vendor site shall be $500.00.
VENDOR REVIEW COMMITTEE.
A vendor review committee shall be established to review and evaluate
applications for established vendor sites. The committee shall consist of the following:
1. one (1) business association representative;
2_ one (1) Planning and Zoning Commissioner;
3. three (3) city staff (i.e. fire, police, harbormaster) designated by the City
Manager; and
4. one (1) citizen selected by the Mayor (preferably individual with vending
experience).
Vendor Policies & Procedures Resolution 2002 -039
Exhibit A
REVIEW OF VENDOR APPLICATIONS.
A. Vendor applications shall be reviewed by the Vendor Review Committee based
on the following criteria:
I . Conformance with city code and applicable policies and procedures;
2. Completeness of application;
3. Value/need of the proposed product to the area. Vendors proposing to sell
products not already offered by existing businesses will be scored higher
than those that will compete with existing businesses in the area that
traditionally sells the same goods or services that may be offered on the
site;
4. Quality and appearance of the vendor cart or stand; and
5. Highest bid for the vendor site.
B. The Vendor Review Committee, with concurrence of the City Manager, may
refuse any and all applications for a vendor site upon determination that none of
the applications meet the review criteria.
C. The decisions of the Vendor Review Committee are final.
VENDOR LICENSE.
A. Upon selection of a vendor site applicant by the Vendor Review Committee, a
vendor license shall be issued by the City Clerk when all of the following have
been provided by the applicant:
1. Proof that the applicant has obtained a State of Alaska and City of Seward
business license;
2. Kenai Peninsula Borough sales tax registration certificate;
3. Health permits required for the preparation and sale of food or beverages;
4. Any additional licenses required by local, state or federal law;
5. Payment of the vendor site fee offered in the application; and
6. Proof of required insurance.
B. If the required information is not provided to the City Clerk within 30 days of the
notice of award, the applicant forfeits the vendor site, and the Vendor Selection
Committee may award the site to another applicant.
C. An approved vendor license will be subject to the following:
1. Issued for the period of May 15 through September 15 annually.
2. Permits will be for one year with an option for two one year extensions
subject to the vendor remaining in compliance with the policies and
procedures.
3. Shall not be assigned or transferred.
4. Must be displayed at the permitted site.
5. May be revoked for any of the following: i) violation of any approved policy;
ii) upon determination that the vendor operation is causing a hazard or is a
Vendor Policies & Procedures Resolution 2002 -039
Exhibit A
Ulf-
significant disruption of pedestrian or vehicular traffic; iii) the area affected
by the permit is required for public purpose; or iv) for other cause identified
by the City Manager.
INSURANCE REQUIRED
Selected applicants must obtain at least one million dollars of public liability
insurance naming the City of Seward as an additional insured. Prior to being issued a
vendor license, an applicant must provide the city with a broker's certificate of insurance
including provision for 30 day notification to the City of Seward if the policy is modified,
canceled or terminated. Every policy of insurance offered shall be acceptable only if it is
approved by the municipal risk manager.
EQUIPMENT AND DEVELOPMENT REQUIREMENTS.
Only the following equipment may be brought to a vendor site for use in
connection with the business operated there:
A stand or cart which:
a. In total is no larger than four feet wide, ten feet long and eight feet tall,
including all equipment, except for a litter receptacle, stool and ice
chest to be provided by the vendor;
b. Includes interior space for concealed storage of all inventory, supplies,
equipment and other materials brought to the vendor site in connection
with the business conducted there; and
C. Must be readily movable by the vendor.
2. An umbrella may be used in connection with a stand or cart to protect
merchandise from weather, but not to display merchandise. The umbrella shall
not exceed ten (10) feet in diameter when opened and ten feet in height. If a ten
foot diameter umbrella is used, the umbrella shall be placed in the middle of the
stand or cart. Tarping or tenting above the stand or cart is not allowed.
3. A table used as a stand, or as part of a stand shall be completely covered with a
clean, solid - colored material which extends to the ground on all sides, and is
securely skirted to the ground so as to conceal storage and the table legs.
4. Clear plastic sheeting may be used to protect merchandise at the vendor site from
inclement weather. Colored tarps or other covering for this purpose are not
allowed.
Vendor Policies & Procedures r Resolution 2002 -039
Exhibit A
STANDARDS OF OPERATION.
1. Permitted hours of operation shall be from 5 a.m_ to 11 p.m. A vendor shall not
place any equipment on the vendor site or otherwise engage in the business
authorized by the permit between the hours of 11 p.m. and 5 a.m.
1 The vendor shall remove all goods and equipment from the vendor site at the end
of each business day.
3. The vendor shall maintain the vendor site, and a 25 foot radius around the site free
of litter at all times. Each vendor shall provide a receptacle for all waste material
generated by the vending business. The vendor may dispose of all trash generated
at the vendor site in the closest city dumpster. The vendor may not dispose of
trash or other waste on private property without the express permission of the
property owner.
4. A vendor may not leave the vending equipment or merchandise unattended at any
time.
5. A vendor shall not sell anything other than that which the vendor is licensed to
sell.
6. The use of a generator, loudspeaker system, radio, bull horn, or other devise to
attract attention, and extension cords outside the vendor site are not allowed.
7. A vendor shall ensure that persons waiting to make purchases at the vendor site
queue up in single -file and in such a manner as to create the least obstruction to
pedestrian traffic.
8. Food vendors shall place a nonporous material on the sidewalk beneath the stand
or cart and in such a manner as to prevent spillage from the cart, stains, or other
damage to the area around the stand. Acceptable materials include artificial turd
grass mats, or indoor /outdoor carpeting.
9. Storage areas may not be visible to the public.
10. Cardboard boxes are not allowed for display of merchandise.
11. Advertising and other signage shall be limited to the name of the vendor or items
sold and a listing of items sold and the price.
12. A vendor shall not engage in hawking.
13. Vendors on city property shall conform to all applicable. federal, state, and local
laws and requirements.
Resolution
Vendor Policies &Procedures 2002 -039
Exhibit A
INSPECTIONS AND LICENSE REVOCATION
A. The City Manager or a designee may, during the normal working hours of a
vending business permitted under these provisions, inspect the business for the purpose
of determining whether the licensee is conducting the business in accordance with the
specific requirements of these policies and procedures and City Code.
B. The City Manager, or a designee, may revoke the license upon a determination
that the licensee is in noncompliance with the adopted policies and procedures for
vendors on city property.
Vendor Policies & Procedures Resolution 2002 -039
Exhibit A
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5
Sponsored by: Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2002-06
RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMIS-
SION, PROVIDING A RECOMMENDATION TO THE CITY COUNCIL
REGARDING POLICIES AND PROCEDURES FOR PERMITTING
VENDORS ON CITY -OWNED PROPERTY, AND IDENTIFYING ONE
VENDOR SITE IN THE HARBOR PLAZA
WHEREAS, last year the City received two written requests from individuals interested in
operating food vendors on city property in the Small Boat Harbor area; and
WHEREAS, the Planning and Zoning Commission, Port and Commerce Advisory Board and
the City Council supported the concept of allowing vendors on city-owned property; and
WHEREAS, Seward City Code 8.10.01 S states that the City Council shall establish through
resolution the policy and procedures to be utilized and the fees to be charged by the City when
evaluating whether to permit transient merchants (vendors) on property owned or controlled by the
City of Seward; and
WHEREAS, the City Council referred the issue back to the Planning and Zoning Commission
to develop policies and procedures for Council consideration; and
WHEREAS; the Planning and Zoning Commission drafted and reviewed vendor policies and
procedures, and visited the Harbor Plaza to identify possible vendor sites, and
WHEREAS, the Commission has specifically requested that the vendor policies contain
strong provisions for enforcement of vendor noncompliance, and ensure that the city has the right to
revoke the permit if the policies and procedures are not adhered to
NOW, THEREFORE, BE IT RESOLVED by the Seward Phoning - and Zoning
Commission that:
Section 1. The Commission recommends the attached policies and procedures for permitting
vendors on city-owned property to the City Council for consideration.
Section 2. The Commission further recommends that only one vendor site be allowed in the
northeast corner ofthe Harbor Plaza, outside of the brick compass . inlay and the pedestrian/fue access
lane located west of the boardwalk buildings. The recommended vendor site-is further identified on
the attached map. `
h
Seward Planning and Zoning Commission
Resolution No. 2002 -06
Section 3. The Commission does not recommend permitting any vendors on the 4`h and
Adams Park property.
Section 4. This resolution shall take effect immediately upon its adoption.
Section 5. The Commission reconwiends that the 2002 application period be extended to
forty five (45) days after adoption of Policy and Procedures by City Council.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of
February 2002.
THE CITY OF SEWARD, ALASKA
CAA A�
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Cayol Griswold,
AYES: Rook, Lewis, Hohl, Keil, Larson, Smith
NOES: None
ABSENT: Griswold
ABSTAIN: None
ATTEST:
Patrick Reilly,
City Clerk 6
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Memorandum
To: Planner, Rachel James
Thru:
From: Harbormaster, James B. Beckhav
Date: January 12, 2001
Re: Vendors in the Harbor
Pile: 401
With respect to your memo regarding transient vendors in the harbor area, I do not recommend the re-
instatement of transient vendors in the harbor area., anywhere.
Transient vendors bring with them a host of issues, not the least of which is conflict with the capitalized
businesses operating from leases within the harbor. These businesses pay substantial amounts of rent,
invested in substantial property improvements in order to market their product. It is not fair nor is it equitable
or reasonable to allow others who have not made this significant investment in resources and udrastructure to
attempt to gain a share of the market these businesses established,
Then there are the space considerations. There is precious little space in the harbor area for any additional
commercial activities. It is getting tighter every year. We continue to try to "shoehorn" in additional
requirements in the limited space, to the detriment of every harbor user. We have eliminated parking for bus
lanes. We have allowed businesses to expand and build beyond their original limits and encroach on public
thoroughfares. We have eased parking restrictions and requirements to provide parking. We created
employee parking.
One of the arguments to place the bus lane at the harbormaster building is the "open plaza area" which a
vendor wants to use for their operations. This is a conflict with the passenger load/unload area concept and
negatively affects the area. There are no facilities to support these vendors except the ones already established
for businesses and the public. They pay no garbage fees, electric fees, rent and so forth yet gain all the
benefits of prime location. The plaza area is also not as open as one would believe. There are numerous
obstructions and structures in the area. To add vendors would compound the congestion.
Congestion is also a problem. Vehicular and pedestrian traffic in the area is at critical mass, in my opinion,
and to add vendor sites into this condition is, at the very least, inconvenient. If the vendors are successfisl,
we hope they are, the crowds or lines of people obstruct pedestrian and vehicular traffic.
Again, I do not recommend nor am 1 in favor of any transient vendor program within the harbor area. There
are enough established services of this type in the harbor uplands and this type of activity would serve no
purpose.
Please call me if you have any questions.
"Providing Quality Services Through Teamwork and Continuous improvement"
City of Seward, Alaska
April 2, 1013
Planning Commission Minutes
Volume 7, Page 15
same time and location was scheduled to be held at the Library Museum, in the
Community Room.
Butts asked if the maps would be reviewed and approved by Planning and Zoning.
Glenz said the map adoption would include a City Code change, so the Commission would
review the new maps and proposed changes.
Ecklund asked Administration who attended ICS 300 class.
Glenz noted that the City Manager and Assistant City Manager, and other City staff
attended.
Other Reports, Announcements & Presentations — None
Citizens' Comments on any subject except those items scheduled for Public Hearing —
Kenai Fjords National Park Superintendent Jeff Mow, inside City, said he was
available for questions regarding the Old Solly's Replat action that was before Commissioners. He
encouraged adoption and said the replat presentcd no issues of concern. Mow also said the
National Park would soon be reducing the number of properties it owned in the community.
Tim McDonald, inside City, described a trial project he was proposing for the tidal flats /
estuary area at the head of Resurrection Bay. The proposed "Baseline Trail" would provide a
connection from Port Avenue to the Nash Road area, McDonald said. The trail concept was in its
early stages of planning, but could potentially provide access to numerous resources, including
salmon fishing and bird viewing, McDonald said.
Mark Teckenbrock, inside City, said he had suggestions for City Code amendments to
allow transient merchants to operate more freely. Teckenbrock said the rules for transient 1A
merchants need revision, such as allowing operators to set up on side streets during certain hours.
Currently, the rules do not allow vendors to operate on City streets, he said. /
Commissioner Ecklund asked Techenbrock if he had any suggested revisions to provide
the Commission.
Teckenbrock said he would provide his suggested revisions to the Community
Development Office.
Commissioner Butts asked Teckenbrock was being prevented from conducting business.
"Teckenbrock said he had a private property location on which to operate his food truck and
could conduct business. He said he was still interested in amending the transient merchant rules for
other operators to allow more flexibility in terms of where to operate.
City of Seward, Alaska City Council Minutes
May 28, 2013 Volume 39, Pa e 143
Discussion on transient merchants on city property.
Terry thought it was worth asking the Planning and Zoning Commission to revisit this issue
or hold a work session to discuss allowing transient merchants on city property, specifically the new
harbor uplands.
Shafer said she would like the Planning and Zoning Commission to discuss it and come back
with a recommendation. She saw more cars parking on the new land and the parking lots were
empty. Keil didn't know if the Planning and Zoning Commission was the right avenue. It was time
they reevaluate the topic, however. She'd like to see a work session to determine if council wanted
to allow transient merchants or not.
City 0j'Seward, Alaska City Council Minuses
May 18, 1013 Volume 39, Page 144
Valdatta wondered what type of merchants council envisioned would be down there. Terry
thought they could let the market decide or it could be what the council decided. Bardarson didn't
think they needed to dictate who could operate on that land. Terry wondered if they would allow
utilities to be built on the uplands. Hunt said water and sewer were installed already in that area.
Keil agreed it was a free market and opening up this land could generate more business,
Council scheduled a work session to discuss transient merchants on the city -owned South
Harbor Uplands for September 9, 2013 at 6:00 p.m. They also requested to be furnished with the
information of the last time the Planning and Zoning Commission and Council addressed the issue of
transient merchants.
�I
i
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Seward City Council will conduct a work session on the
following item of business on Monday, September 9, 2013:
City Council Work Session
Monday, September 9, 2013 at 6:00 p.m.
City Council Chambers
Topic: Discuss Transient Merchants on South Harbor Uplands
The work session will commence in the City Council Chambers, City Hall, 410 Adams Street,
Seward. All interested persons are invited to attend the meetings.
PUBLISHED: Will be published in Seward Phoenix Log on Thursday, August 29, 2013 &.
September 5, 2013 tinder City Calendar. (P.O. 9 103343 -00)
POSTED: Tuesday, September 3, 2013
City Hall bulletin board
U.S. Post Office
Harbormaster's Building
CANCELLED
WILL BE RESCHEDULED
93'
City of Seward, Alaska City Council 69inutes
September 13, 1013 Volume 39, Pine 04
Motion to Amend Passed Unanimous Consent
Main Motion Passed Unanimous Consent
Discussion on converting water meter readers. Valdatta would like new construction for
automatic water meters. He felt they should give businesses a time period to convert to a newer
system of metering water usage. It was not a hardship to change the meter. He felt it needed to be a
code change. Casey said this discussion had come up before, and he talked about this recently with
his crew. They had read outs on one -half to two- thirds of the meters in town. The department still
went inside and checked against the master meter, because they weren't always the same. It
behooved the crew to keep track of what was going on with the plumbing in the building to compare
the master meter with the outside meter. Tent' said if it was a code or tariff change, they should be
incentive- based, instead of punitive, and whatever legislation was written should be from a "this
point forward" position, Council directed administration to bring forward some cost estimates on
such a project.
Reschedule the work session to discuss transient merchants on the South Harbor Uplands.
After some discussion, council directed the City Clerk to bring this item back for rescheduling at the
November 25, 2013 meeting.
INFORMATIONAL ITEMS AND REPORTS - None
I�
COUNCIL COMMENTS
6—
Sardarson welcomed the Coast Guard ship in town, She was glad the mural project went
well and she thanked the Seward Arts Council for the upcoming Music and Arts Festival.
Keil encouraged everyone to go out and vote October 1, 2013 or vote early. She thanked
those who worked on the garden at the library.
Shafer liked idea of working with the chamber before they set the two -year budget, as
mentioned tonight. They could be proactive rather than reactive.
Valdatta said for the last three years Hertz was directing cruise ship traffic and passengers.
The Hertz representative, along with the Alaska Railroad and the Longshoremen did a great job of
this.
Terry welcomed the Coast Guard Healy members to Seward. She thanked Wendy Shaffer
for applying to the Planning and Zoning Commission and also thanked the election and canvass
board members. Terry thanked Jim Herbert for representing Seward so well on the Prince William
Sound Regional Citizen's Advisory Council and a] so John French, his predecessor. She agreed with
that Kerry Martin was a super volunteer.
qq
City of Seward, Alaska Cllr Council Minutes
November 12, 2013 l'oliune 39, Page ,'40
vote count as follows: 3 votes for Dale Butts and 3 votes for Robert Thomas.
Kinney explained to council that, procedurally, a tie vote would require ballots to be recast,
and that every candidate must be reconsidered equally For each voting occurrence.
Kinney passed out ballots to council then collected them and read the second vote count as
follows: 3 votes for Dale Butts and 3 votes for Robert Thomas.
Kinney passed out ballots to council then collected them and read the third vote count as
follows: 4 votes for Dale Butts and 2 votes for Robert Thomas.
Motion (Shafer/Terry) Appoint Dale Butts to the vacant council seat
with a term to expire October 2014.
Motion Passed Unanimous Consent
City Clerk Johanna Kinney swore in Dale Butts as a council member and he took his seat at
the dais.
Mayor Bardarson appointed Dale Butts to be the Kenai Peninsula Economic Development
District (KPEDD) representative for 2014, and directed individual Boards & Commissions to
file quarterly reports to the City Council.
Council postponed scheduling a work session to discuss transient merchants on the South
Harbor Uplands until January 13, 2014.
Cancel the November 25, 2013 and December 23, 2013 City Council Meetings.
Motion (Keil /Shafer) Cancel November 25, 2013 & December 23,
2013 regular city council meetings.
Motion Passed
Yes: Terry, Shafer, Keil, Casagranda, Butts,
Bardarson
No: Squires
Council scheduled a work session to discuss FQHC on November 25, 2013 at 6:00 p.m. in City
Council Chambers, and directed administration to invite the CHC Board and City Attorney to
attend.
INFORMATIONAL ITEMS AND REPORTS
Cost Summary for the Electric Warehouse Project.
Terry encouraged council to keep a close eye on these expenses.
In response to Bardarson, Long said there were no known large expense line items omitted or
missing from this report.
9-